HomeMy Public PortalAboutPRR 16-2335Renee Basel
From: Chris O'Hare <chrisoharegulfstream@gmail.com>
Sent: Tuesday, October 11, 2016 11:30 AM
To: Bill Thrasher; Rita Taylor; Renee Basel
Subject: Public Record Request - undergrounding assessment amount and payment method
communication - 0020, 0071, 0190, 0110, 0570
Dear Custodian of Records,
*
I request to inspect certain public records in the custody of the Town of Gulf Stream Florida **or in the custody of its agents
or associated entities.
While I am not statutorily obligated to explain why I want to inspect these records, I tell you it is for the
purpose of informing myself of the historic and current workings of the Town of Gulf Stream and its
associated entities, vendors, consultants, advisers, contractors and agents. The records I wish to
inspect may also be material to current, anticipated or presently unforeseen legal action. In addition,
inspection of these records may be essential to my ability to make informed comments in an
upcoming public hearing. The production of any and all responsive records is therefore urgent and
must be acted upon in compliance with Florida Statutes and established case law as soon as
possible.
Before making this public record request, I first searched online and in the public records portion of
your agency's website hoping I could locate the public records I seek without having to write you
directly. Unfortunately I cannot find the records I wish to inspect. Therefore I am writing you now and
requesting you make every effort as required by law to produce these public records without delay.
I make this request pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119 of
the Florida Statutes. I hereby reserve all rights granted to me under the Florida
Constitution and Florida Statutes.
I ask that you take the following action:
• Read this entire request carefully and respond accordingly.
• If you are not the custodian of the public records described herein please determine who that person is and
notify me immediately in order that I may make this request to the appropriate person without delay.
• Reference Florida Statutes and appropriate case law when responding to this record request.
• Do NOT produce any records other than records responsive to this request.
• Identify by name the person or persons responding to this request if that person is not the Custodian of
Records for your agency as required by 119.07(1)(b).
" R e s p o n d t o t h i s p u b l i c r e c o r d r e q u e s t i n a s i n g u l a r m a n n e r a n d d o n o t c o m b i n e t h i s
r e q u e s t w i t h a n y o t h e r p u b l i c r e c o r d r e q u e s t s w h e n r e s p o n d i n g t o t h i s r e q u e s t .
" O n c e y o u h a v e d e t e r m i n e d t h a t y o u d o o r d o n ' t h a v e a n y r e c o r d s i n y o u r
c u s t o d y r e s p o n s i v e t o t h i s r e q u e s t , i m m e d i a t e l y a c t t o o b t a i n a n y r e s p o n s i v e r e c o r d s
t h a t m a y b e i n t h e c u s t o d y o f y o u r c o n t r a c t o r ( s ) o r o t h e r p a r t i e s .
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i n f o r m a t i o n t e c h n o l o g i e s o r e x t e n s i v e s t a f f t i m e o r b o t h i n e x c e s s o f 1 5 m i n u t e s .
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a g e n c y , t o p r e s e r v e a n d p r o d u c e a l l r e s p o n s i v e r e c o r d s o n a n i m m e d i a t e b a s i s .
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i n s p e c t i o n o r d i s c l o s u r e p l e a s e c i t e t h e s p e c i f i c e x e m p t i o n a s r e q u i r e d b y � 1 1 9 . 0 7 ( 1 ) ( e ) o f t h e F l o r i d a
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b y � 1 1 9 . 0 7 ( 1 ) ( f ) o f t h e F l o r i d a S t a t u t e s . P r o d u c e f o r m y i n s p e c t i o n a l l r e s p o n s i v e r e c o r d s a n d O N L Y
r e d a c t t h a t p o r t i o n o f t h e r e c o r d t h a t y o u c o n s i d e r e x e m p t . T o b e c l e a r , i f y o u c o n s i d e r a n e n t i r e
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e x e m p t . I s p e c i f i c a l l y a s k y o u t o d o t h i s i n o r d e r t h a t I m a y i n s p e c t f u l l y r e d a c t e d r e c o r d s f o r t h e
p u r p o s e o f c h a l l e n g i n g a p a r t i c u l a r r e d a c t i o n o r e s t a b l i s h i n g a r e f e r e n c e f o r a f u t u r e r e q u e s t o f a
r e c o r d t h a t i s o n l y t e m p o r a r i l y e x e m p t , a s i n t h e c a s e o f a p u b l i c r e c o r d t h a t w a s p r e p a r e d b y a n
a g e n c y a t t o r n e y e x c l u s i v e l y f o r l i t i g a t i o n a n d i s o n l y e x e m p t f r o m d i s c l o s u r e u n t i l t h e c o n c l u s i o n o f t h e
l i t i g a t i o n .
I f t h e p u b l i c r e c o r d s b e i n g s o u g h t a r e m a i n t a i n e d b y y o u r a g e n c y o r c o n t a c t o r s f o r y o u r a g e n c y , i n a n
e l e c t r o n i c f o r m a t p l e a s e p r o d u c e t h e r e c o r d s i n t h e o r i g i n a l e l e c t r o n i c f o r m a t i n w h i c h t h e y w e r e
c r e a t e d o r r e c e i v e d . S e e � 1 1 9 . 0 1 ( 2 ) ( f ) , F l o r i d a S t a t u t e s .
A g a i n I a s k t h a t y o u p r o v i d e o n l y t h o s e r e c o r d s f o r i n s p e c t i o n t h a t d o n o t r e q u i r e e x t e n s i v e u s e o f
i n f o r m a t i o n t e c h n o l o g i e s o r e x t e n s i v e s t a f f t i m e o r b o t h i n e x c e s s o f 1 5 m i n u t e s . T a k e n o t e
o f � 1 1 9 . 0 7 ( 4 ) ( a ) 3 . ( d ) F l o r i d a S t a t u e s a n d i f y o u a n t i c i p a t e t h a t a n y r e c o r d s e x i s t , t h e p r o d u c t i o n f o r
i n s p e c t i o n o f w h i c h w i l l r e q u i r e e x t e n s i v e u s e o f i n f o r m a t i o n t e c h n o l o g i e s o r e x t e n s i v e s t a f f t i m e o r
b o t h i n e x c e s s o f 1 5 m i n u t e s , t h e n p l e a s e p r o v i d e t h o s e r e c o r d s t h a t c a n b e p r o d u c e d w i t h i n t h e f i r s t
1 5 m i n u t e s a n d a d v i s e m e o f t h e c o s t y o u a n t i c i p a t e t o b e i n c u r r e d b y y o u r a g e n c y f o r t h e r e m a i n i n g
r e c o r d s p r i o r t o i n c u r r i n g t h i s c o s t . P l e a s e d o n o t i n c u r a n y c o s t s o n m y b e h a l f w i t h o u t f i r s t o b t a i n i n g
m y w r i t t e n a u t h o r i z a t i o n t o p r o c e e d . I f y o u p r o d u c e o n l y a p o r t i o n o f a l l e x i s t i n g r e s p o n s i v e r e c o r d s ,
p l e a s e t e l l m e t h a t y o u r r e s p o n s e i n c l u d e s o n l y a p o r t i o n o f a l l e x i s t i n g r e c o r d s r e s p o n s i v e t o t h i s
r e q u e s t .
If you anticipate the need to incur any costs that I would be statutorily required to pay in order to
inspect these public records which would exceed $1.00 please notify me in advance of your incurring
that cost with a written estimate of the total cost. Please be sure to itemize any estimates so as to
indicate the total number of pages and/or records, as well as to distinguish the cost of labor and
materials. Again, please do not incur any costs on my behalf without first obtaining my written
authorization to proceed.
A record that does not exist because of its disposition requires the creation of a disposition record. In
all instances where you determine a record does not exist please determine if the record once existed
and in its replacement provide the disposition record for my inspection.
As background to this request I remind the Custodian of Records of the original funding of the
Undergrounding Utility Project which involved notifying certain property owners of their
unique assessment for this project and offering those owners the opportunity to pay their
assessment in a lump sum or in installment payments. The Town sent a form or similar
communications to those property owners and received back from those property owners the
form or similar communications.
I request to inspect any record of communication initially sent to, or initially received from, certain
property owners indicating the amount, or approximate amount, of their property's Utility
Undererounding Assessment and/or the property owner's chosen assessment payment method
(Prepayment or Annual Installments). Please limit responsive records to only the properties identified as
PCN:
20-43-46-03-00-001-0020
20-43-46-09-01-000-0071
20-43-46-03-02-000-0190
20-43-46-03-00-003-0110
20-43-46-03-06-000-0570
*The term public records, as used herein, has the same meaning and scope as the definition of
Public records adopted by the Florida Legislature as Statutes Chapter 119.
**The phrase Town of Gulf Stream when used herein refers to the Town in its entirety and all entities
of the Town including all employees, appointees, officials, assignees, counsel and consultants
including Town Manager, Town Clerk, Town Police Chief, Town Commissioners, Town Mayor, Town
Departments, Town Police Officers, Town Employees, Town Engineer, the law firm (Jones Foster
Johnston & Stubbs P.A.) that claims to be the Town Attorney including all attorney, partner and
employee members of that firm; the Town Counsel of Sweetapple, Broeker & Varkus including all
3
attorney, partner and employee members of that firm, the Town Counsel of Richman Greer, P.A.
including all attorney, partner and employee members of that firm and any other entity associated
with the Town and subject to public records law.
If you do not understand any part of this request or if you need clarification about this request, notify me as
soon as possible so I may further describe or clarify this request.
All responses to this public records request should be made in writing to the following email address:
chrisoharegulfstream@gmail.com
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
October 12, 2016
Chris O'Hare [mail to: chrisoharegulfstream(a,,gmail.com]
Re: GS #2335 (undergrounding assessment amount and payment method - communication -
0020, 0071, 0190, 0110, 0570)
As background to this request I remind the Custodian of Records of the original funding of the
Undergrounding Utility Project which involved noting certain property owners of their unique
assessment for this project and offering those owners the opportunity to pay their assessment in a
lump sum or in installment payments. The Town sent a form or similar communications to those
property owners and received back from those property owners the form or similar
communications .I request to inspect any record of communication initially sent to, or initially
received front, certain property owners indicating the amount, or approximate amount, of their
property's Utility Undergrounding Assessment and/or the property owner's chosen assessment
payment method (Prepayment or Annual Installments). Please limit responsive records to only the
properties identified as PCN.•
20-43-46-03-00-001-0020
20-43-46-09-01-000-0071
20-43-46-03-02-000-0190
20-43-46-03-06-000-0570
20-43-46-03-00-003-0110
Dear Chris O'Hare [mail to: chrisoharegulfstreamna,gmail.coml:
The Town of Gulf Stream has received your public records request dated October 11, 2016. The
original public record request can be found at the following link:
htty://www2.gulf-stream.org/weblink/O/doc/ 102368/Page l.aspx
Please be advised that the Town of Gulf Stream is currently working on a large number of
incoming public records requests. The Town will use its very best efforts to respond to you in a
reasonable amount of time with the appropriate response or an estimated cost to respond.
Sincerely,
As requested by Rita Taylor
Town Clerk, Custodian of the Records
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via a -mail
December 2, 2016
Chris O'Hare [mail to: chrisohareeulfstream(a Qmail.com
Re: GS #2335 (undergrounding assessment amount and payment method - communication
-0020,0071,0190,0110,0570)
As background to this request I remind the Custodian of Records of the original funding of the
Undergrounding Utility Project which involved noting certain property owners of their unique
assessment for this project and offering those owners the opportunity to pay their assessment in
a lump sum or in installment payments. The Town sent a form or similar communications to
those property owners and received backfrom those property owners the form or similar
communications .I request to inspect any record of communication initially sent to, or initially
received from, certain property owners indicating the amount, or approximate amount, of their
property's Utility Undergrounding Assessment and/or the property owner's chosen assessment
payment method (Prepayment or Annual Installments). Please limit responsive records to only
the properties identified as PCN.-
20-43-46-03-00-001-0020
CN:
20-43-46-03-00-001-0020
20-43-46-09-01-000-0071
20-43-46-03-02-000-0190
20-43-46-03-06-000-0570
20-43-46-03-00-003-0110
Dear Chris O'Hare [mail to: chrisohareeulfstream(7a,gmail.coml:
The Town of Gulf Stream has received your public records request dated October 11, 2016. Your
original public records request and partial response can be found at the following link:
http://www2.gulf-stream.org/weblink/O/doc/I02144/Pa eg 1_aspxx
I have also attached the response for your convenience. We are in the process of determining
whether additional responsive records exist.
Sincerely, pp����
R"I ZI%W +�f+ Dwdu.
As requested by Rita Taylor
Town Clerk, Custodian of the Records
NOTICE OF ABILITY TO PREPAY AND PRE -PAYMENT DEADLINE FOR UTILITY
UNDERGROUNDING ASSESSMENT
Town of Gulf Stream, Florida
Property Appraisers Parcel NnL2043403000010020
GULF STREAM SCHOOL INC
3600 GULFSTREAM RD
DELRAY BEACH FL 33483 7410
Property Address: 3600 N OCEAN BLVD
I i I
Total Assessment Amount: $8,087.54
Prepayment Amount: $7,613.92
(No Partial Payments)
This amount represents the Underground Utility
Assessment that has been placed on your property,
less capitalized interest and financing costs.
(See — Payment Option No. 1, below.)
%f
Total Enclosed: $ ( I
ri ,
SCOTT W. MORGAN
1140 N. Ocean Blvd
Gulf Stream, FL 33483
Ph (561) 243-1432
September 29, 2011
Town of Gulf Stream
100 Sea Rd.
Gulf Stream, FL 33483
Re: Underground Utility Pre-Paypent
Dear Rita:
Enclosed please find our check for $11,321.10 in pre -payment of the
underground utility assessment for our property.
Very truly yours,
i
cott W. Morgan
t
NOTICE OF ABILITY TO PREPAY AND PRE-PAYMENT DEADLINE FOR UTILITY
UNDERGROUNDING ASSESSMENT
Town of Gulf Stream, Florida
Property Appraiser's'Ttrcel'No.'20434603020000190 Total Assessment Amount: $10,898.61
ORTHWEIN PERCY J & Prepayment Amount: $10,260.37
543 PALM WAY (No Partial Payments)
DELRAY BEACH FL 33483 7330 This amount represents the Underground Utility
Assessment that has been placed on your property,
less capitalized interest and financing costs.
Property Address: 543 PALM WAY (See — Payment Option No. 1, below.)
Total Enclosed: $
r,
SECOND AND FINAL NOTICE FOR PREPAYMENT
If you have pre -paid your assessment, please disregard this NOTICE
NOTICE OF PRE -PAYMENT DEADLINE FOR UTILITY UNDERGROUNDING ASSESSMENT
Town of Gulf Stream, Florida
SEPTEMBER 30, 2011
Property Appraiser's Parcel No. 20434603000030110
Property Address: 2401 N OCEAN BLVD
GULF STREAM GOLF CLUB
2401 N OCEAXBL-VD
DELRAY BEACH FL 33483 7355
/c• - 2 °I - , (
Total Assessment Amount: $52,990.65
Prepayment Am nt: $49,887.41
(No Partial Paymen s
This amount represents the Underground Utility
Assessment that has been placed on your property,
less capitalized interest and financine costs.
Total Enclosed: $
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
December 22, 2016
Chris O'Hare [mail to: chrisoharegulfstream(a,gmail.coml
Re: GS #2335 (undergrounding assessment amount and payment method - communication
-0020,0071,0190,0110,0570)
As background to this request 1 remind the Custodian of Records of the original finding of the
Undergrounding Utility Project which involved notifying certain property owners of their unique
assessment for this project and offering those owners the opportunity to pay their assessment in
a lump sum or in installment payments. The Town sent a form or similar communications to
those property owners and received backfrom those property owners the form or similar
communications .I request to inspect any record of communication initially sent to, or initially
received from, certain property owners indicating the amount, or approximate amount, of their
property's Utility Undergrounding Assessment and/or the property owner's chosen assessment
payment method (Prepayment or Annual Installments). Please limit responsive records to only
the properties identified as PCN. -
20 -43-46-03-00-001-0020
20-43-46-09-01-000-0071
20-43-46-03-02-000-0190
20-43-46-03-06-000-0570
20-43-46-03-00-003-0110
Dear Chris O'Hare [mail to: chrisoharegulfstream(acr�,gmail.coml:
The Town of Gulf Stream has received your public records request dated October 11, 2016. The
Town provided you with an initial production on December 2, 2016. Your original public
records request and complete response can be found at the following link:
hftp://www2.gulf-stream.org/weblink/O/doc/I02144/PageI.asl)x
We have attached the additional response for PCN 20-43-46-03-06-000-0570. This should
complete this record request and we now consider it closed.
Sincerely,
Rpt R10wA4•"
As requested by Rita Taylor
Town Clerk, Custodian of the Records
NOTICE OF ABILITY TO PREPAY AND PRE -PAYMENT DEADLINE FOR UTILITY
UNDERGROUNDING ASSESSMENT
Town of Gulf Stream, Florida
Property Appraiser's Parcel No. 20434603060000570
WILLIAMS LYNN M
3524 OLEANDER WAY
DELRAY BEACH FL 33483 7422
Property Address: 3524 OLEANDER WAY
Total Assessment Amount: $12,368.41
Prepayment Amount: $11,644.10
(No Partial Payments)
This amount represents the Underground Utility
Assessment that has been placed on your property,
less capitalized interest and financing costs.
(See — Payment Option No. 1, below.)
Total Enclosed: $
X Please cut along this line and return the top to the Town ofGuIfStream with yourpayment
Town of Gulf Stream
Underground Utility Assessment
Appraisers Parcel No. 20434603060000570 Total Assessment Amount: $12,368.41
Property Address: 3524 OLEANDER WAY Prepayment Amount: $11,644.10
(No Partial Payments)
This amount represents the Underground Utility Assessment that has been placed on your property, less capitalized
interest and financing costs. (See - Payment Option No. 1, below.)
NOTICE IS HEREBY GIVEN THAT:
On June 30, 2011, the Town of Gulf Stream approved the levy of an assessment to pay for the
undergrounding of overhead utilities within the Town. The assessment to pay for these improvements has
been recorded in the Office of the Clerk of the Town of Gulf Stream. The Property Appraiser's Parcel
Number representing your property and the Total Assessment amount for that parcel is shown above. The
assessment may be paid in full on or before November 1, 2011, see below, or may be paid in up to twenty
annual installments on your annual property tax bill.
On or before November 1. 2011, you may choose to pay all of your Total Assessment (no partial
payments) without incurring the first year capitalized interest, financing costs, annual interest, or annual
administration and collection costs. Please make your check payable to the "Town of Gulf Stream" and
put "Undergrounding Project" and the Property Appraiser's Parcel Number referenced above on your
check. Send your payment (along with the top part of this notice) to:
Town of Gulf Stream,
Rita Taylor, Town Clerk
100 Sea Road, Gulf Stream, FL 33483
See Other Side for Additional Information
Please note there are two (2) possible methods of payment for this special assessment:
■ Payment Option No. 1 (PREPAYMENT) — Pay the Assessment in full on or before
November 1, 2011 and remove the entire lien from your property: If you pay the Full
Assessment, shown above, on or before November 1, 2011, the entire Total Assessment lien
will be removed from your property. By paying prior to November 1, 2011, you will avoid paying
first year capitalized interest, financing costs, annual interest and future annual administration and
collection costs. No partial payments will be accepted.
Please note that the full assessment is based on best practice estimates of all costs required to
construct the Project. If the actual, final cost is less that the estimated cost by a material factor, an
adjustment to the assessment will be made and a rebate, if any, will be paid to the owner of record
as of the date of the approval of the rebate by the Town Commission.
• Payment Option No. 2 (ANNUAL INSTALLMENTS) — Pay the Assessment in annual
installments on your property tax bill. These annual assessments will include capitalized
interest, financing costs and annual interest costs for the debt incurred by the Town for the Utility
Undergrounding Project as well as annual administration and collection costs.
If you do not pre -pay your Full Assessment on or before November 1, 2011, the Total Assessment
lien will remain on your property and be payable only in up to twenty (20) annual installments,
including first year capitalized interest, financing costs, and annual interest and annual
administration and collection costs as a non -ad valorem assessment on your Property Tax Bill
issued by the Palm Beach County Tax Collector. The annual installments will include the principle
amount of the installment plus an interest rate of not to exceed 10% and annual administration and
collection costs not to exceed 5%.
Please note that the full assessment is based on best practice estimates of all costs required to
construct the Project. If the actual, final cost is less than the estimated cost by a material factor, an
adjustment to the assessment will be made and a rebate, if any, will be paid to the owner of record
as of the date of the approval of the rebate by the Town Commission.
If you have any questions, please call Rita Taylor, Town Clerk (561) 276-5116. You may also e-mail
your questions to RTaylor@gulf-stream.org.
Dated as of September 2, 2011
William Thrasher
Town Manager
Town of Gulf Stream
See Other Side for Additional Information