From: Rick Outzen [mailto:rick@inweekly.net]
Sent: Monday, November 24, 2008 9:41 AM
To: Frank Miller; Al Coby
Cc: Sean Boone
Subject: Public information request
Mr. Miller and Mr. Coby:
I am writing to request all internal memos, emails and reports and any other written communications regarding the 11.44-acre tract that was recently approved by the Pensacola City Council to lease to Sandspur Development. I’m requesting this information pursuant to the Public Records Act, Chapter 119 of the Florida Statutes.
This request includes copies of every document related to the matter, regardless of the format in which the information is stored.
If you refuse to provide this information, Chapter 119 requires you advise me in writing and indicate the applicable exemption to the Public Records Act. Also, please state with particularity the reasons for your decision, as required by Section 119.07(2)(a). If the exemption you are claiming only applies to a portion of the records, please delete that portion and provide copies of the remainder of the records, according to Section 119.07(2)(a).
I agree to pay the actual cost of duplication as defined in Section 119.07(1)(a). However, if you anticipate that in order to satisfy this request, “extensive use” of information technology resources or extensive clerical or supervisory assistance as defined in Section 119.07(1)(b) will be required, please provide a written estimate and justification.
I request these records be available by Monday, Dec. 1, 2008. If you have any questions or need more information to expedite this request, please do not hesitate to call me.
Thank you for your help.
Sincerely,
Rick Outzen
Publisher, Independent News
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Subject: RE: Public information request
Date: Mon, 24 Nov 2008 14:05:21 -0600
From: Frank Miller
To: , “Al Coby”
CC: Sean Boone , Rusty Wells
Mr. Outzen
I am in receipt of your request for information. The search of our records will take some time and we have begun the initial search. Please be advised that this will require the use of multiple administrative staff people to meet your request and the time spent will be kept and their hourly rate applied to the cost to respond to your request. This will include at a minimum me, Assistant Airport Director for Finance, Manager of Planning and Programming, Airport Legal Administrator, and my secretary. The hourly rates for these people are $59.39, $42.01, $31.28, $29.81, and $15.28, respectively. Copies of all records will be charged at the rate of $0.15 per page for single sided copies and $0.20 per page for double sided copies. Some emails will most likely have attachments and will be included in your request unless otherwise indicated. Also, reports include the three appraisals and these documents are extensive. One staff person is unavailable this week due to the holidays and her records are unavailable to us until her return. Therefore, we will not be able to meet your December 1st deadline for the records but we will respond as our schedules allow.
Please let me know that you are prepared to pay the costs associated with the retrieval of this information and that you are also prepared to make a deposit for this request in the amount of $175.00, using the accumulative hourly rates of the above noted staff people as the basis for the deposit amount.
Frank R. Miller, A.A.E.
Airport Director
Pensacola Regional Airport
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Subject: Re: Public information request
Date: Mon, 24 Nov 2008 14:14:17 -0600
From: Rick Outzen
Reply-To: rick@inweekly.net
Organization: Independent News
To: Frank Miller
CC: Al Coby , Sean Boone , Rusty Wells , John Asmar
To ease the search, let’s reduce the time frame of the request to October 1, 2007 through November 20,2008. Also rather than making copies of all the documents I can come to your offices and review the originals. We will request only copies of those documents we deem necessary. I already have copies of the appraisals and Brantley’s review. When do you think the records will be available for review?
Thank you,
Rick Outzen
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Subject: RE: Public information request
Date: Tue, 2 Dec 2008 16:39:07 -0600
From: Frank Miller
To:
CC: Al Coby , Sean Boone , Rusty Wells , John Asmar , Robert Payne
Mr. Outzen,
We are completing the compilation of records as per your request for information. Most of the communication was done via email and in order to provide you with the requested review it required the employees to search their email files. The amount of time to search emails has been identified by each employee and the cost calculated. When you come to the airport to review the documents please be ready to provide the Airport with a check in the amount of $187.16 for the cost of researching the files. The cost for reproduction of any documents will be $0.15 per page for one-sided copies and $0.20 per page for two-sided copies.
Please contact my secretary, Bonnie Bell, to schedule a time that you can come to the airport to review the documents. Ms. Bell can be reached at 436-5000.
Frank R. Miller, A.A.E.
Airport Director
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From: Rick Outzen
To: Frank Miller
CC: Al Coby; Sean Boone ; Rusty Wells; John Asmar
; Robert Payne
Sent: Thu Dec 04 09:15:05 2008
Subject: Re: Public information request
Spoke with Derek Cosson. He told me that he also made a records request on the airport lease. He received 272 pages of documents and paid only $40.80. He was not charged for any staff time. Please explain why I am being charged differently.
Thank you,
Rick Outzen, Publisher
Independent News
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Subject: Re: Public information request
Date: Thu, 4 Dec 2008 09:36:44 -0600
From: Frank Miller
To:
CC: Al Coby , , Rusty Wells , , Robert Payne
In order to respond to your request staff time was spent researching files. This was not duplicated for Mr Cosson since he was provided documents also requested by you.
Sent via Blackberry
Frank R. Miller
Airport Director
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Subject: Re: Public information request
Date: Fri, 05 Dec 2008 13:16:23 -0600
From: Rick Outzen
Reply-To: rick@inweekly.net
Organization: Independent News
To: Frank Miller
CC: Al Coby , sean@inweekly.net, Rusty Wells , jasmar@asmarlawfirm.com, Robert Payne , Mike Wiggins
Mr. Miller:
I noticed today that the Pensacola News Journal had the same email posted on their website as Mr. Cosson had on his website. Did I also pay for the research to provide the PNJ that email? What was the PNJ charged?
Clearly this is an unfair situation. One person is paying for the research that two other parties are benefiting from. I am requesting that my $187.16 be refunded because it appears your staff would have been spending the staff time researching files for others than me. I am being penalized for begin the first one to submit a request.
I appreciate your consideration.
Rick Outzen.