Four more FOIAs (Public Records Requests) and Two Motions filed today by Sea Ray send a strong message to City Commissioners.
PALM COAST, FL. – August 24 – Continuing his counteroffensive against the City of Flagler Beach, attorney Sidney Ansbacher lobbed four more FOIA requests at the city today. As with the previous seven FOIAs, an examination of the information requested reveals possible targets of anticipated litigation.
The Ansbacher assault relates to Flagler Beach’s appeal of a Flagler County comprehensive land use plan amendment that will allow Sea Ray Boats to purchase land adjoining the southern boundary of their manufacturing plant. Sea Ray proposes to expand their employee parking lot and perhaps build an office building on the property.
For background, read the related stories (to right). Also, listen to the podcast of Sunday's "Real Estate Matters" radio show wher Charlie Faulkner and i discuss the Sea Ray vs Flagler Beach issues.
Here are excerpts of the four Public Records Requests:
Public Records Request concerning Agency Comment
- All public records concerning the City of Flagler Beach comment (Comment)in response to the transmittal of the Flagler County Comprehensive Land Use Plan Amendment #2972 ( the Sea Ray Amendment), which Comment is attached as Exhibit “D” to the City’s Petition in Division of Administrative Hearings DOAH) ….
- Public records of comments, orders or suggestions as to the content of the Comment.
- Without limiting 2., all tests, notes, mark-ups, revisions or emails concerning or containing comments, orders or suggestions as to the content of the Comment.
- Without limiting 1., all legal analysis conducted by or for the City of Flagler Beach concerning the Comment.
Public Records Request concerning Texts
- All tests, instant messages or Facebook or other social media Personal Messages concerning Sea Ray that were generated by or delivered to any City of Flagler Beach official, employee or agent in that individual’s capacity with the City of Flagler Beach as covered by Florida Attorney General Inf. Op. to Browning (Mar. 17, 2010)
- All retained records concerning 1.
- All City policies or general statements concerning text retention schedules and text related public records instructions or education materials
- Without limiting the foregoing, all of 1. Or emails concerning Sea Ray that were generated or received in any official capacity with the City of Flagler Beach from, to, between or among any combination of Jane Mealy, Kim Carney, Don Deal or Rosanne Stocker.
Public Records Request concerning Budget
- All public records concerning the legal fees that City Commissioner Kim Carney referred to in telling Flagler County at public hearing that the City paid over $100,000 in defending a zoning denial.
- All legal budget, fee, cost or similar estimate, ca[, or assessment of what the City of Flagler Beach would or might incur associated with filing and maintaining a comprehensive land use plan amendment challenge against Flagler County associated with Application #2972.
- Without limiting 2., all records reflecting or showing who generated any such records, at 2., as well as to whom delivered and in what forum.
Public Records Request concerning Wellfields
- All groundwater pumping rate and total groundwater consumption records for City of Flagloer Beach water supply wells for 2015.
- Consumptive Use Permit pumping amount and rate records for City of Flagler Beach water supply wells for 2015.
- All chloride records for City of Flagler Beach water supply wells for 2015.
- All modeling or other analysis done by or for City of Flagler Beach since January 1, 2010, to determine or respond to chloride source, results or possible results of chloride presence, concentrations, fate and transport of chlorides related to City of Flagler Beach water supply wells.
In addition, Ansbacher filed two motions related to the appeal on behalf of Intervenors Sea Ray Boats Inc, Brunswick Corporation and Carter-Flagler Roberts Road Land Trust (Carter):
- Motion to Dismiss
- Motion to Strik