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HomeMy Public PortalAboutPRR 16-2366Renee Basel From: Chris O'Hare <chrisoharegulfstream@gmail.com> Sent: Friday, October 28, 2016 7:59 AM To: Bill Thrasher; Rita Taylor; Renee Basel Subject: Public Record Request water bill communications 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. As background to this request I call your attention to, and reference, the recent circumstances which caused the many communications to the Town from Christopher O'Hare, and agents acting on his behalf, which attempted to resolve discrepancies in O'Hare's water bill and the many Town communication responses to same. I request to inspect any records of communication in the public records* of the Town of Gulf Stream** related to the above referenced circumstances. Produce all communications responsive to this request except: any records of communication which were received from, sent to, or copied to O'Hare any records of communication which were received from, sent to, or copied to Mr. Louis Roeder *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 Staff Attorney, 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 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. 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 119.070 )(b). • Respond to this public record request in a singular manner and do not combine this request with any other public record requests when responding to this request. • Once you have determined that you do or don't have any records in your custody responsive to this request, immediately act to obtain any responsive records that may be in the custody of your contractor(s) or other parties. • Provide only those records for inspection that do not require extensive use of information technologies or extensive staff time or both in excess of 15 minutes. • If records responsive to this request are not presently available but you expect that they will soon be available I request that you produce the records as soon as they are available. I ask you to take note of §119.07(1)(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, if so, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual and entity in possession of records that may be responsive to this public records request, including individuals and entities under contract with your agency, to preserve and produce all responsive records on an immediate basis. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by §119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by §119.07(1)(f) of the Florida Statutes. Produce for my inspection all responsive records and ONLY redact that portion of the record that you consider exempt. To be clear, if you consider an entire record to be exempt, produce that record in its entirety with all portions redacted that you consider exempt. I specifically ask you to do this in order that I may inspect fully redacted records for the purpose of challenging a particular redaction or establishing a reference for a future request of a record that is only temporarily exempt, as in the case of a public record that was prepared by an agency attorney exclusively for litigation and is only exempt from disclosure until the conclusion of the litigation. If the public records being sought are maintained by your agency or contactors for your agency, in an electronic format please produce the records in the original electronic format in which they were created or received. See §119.01(2)(f), Florida Statutes. Again I ask that you provide only those records for inspection that do not require extensive use of information technologies or extensive staff time or both in excess of 15 minutes. Take note of §119.07(4)(a)3.(d) Florida Statues and if you anticipate that any records exist, the production for inspection of which will require extensive use of information technologies or extensive staff time or both in excess of 15 minutes, then please provide those records that can be produced within the first 15 minutes and advise me of the cost you anticipate to be incurred by your agency for the remaining records prior to incurring this cost. Please do not incur any costs on my behalf without first obtaining my written authorization to proceed. If you produce only a portion of all existing responsive records, please tell me that your response includes only a portion of all existing records responsive to this request. 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. ki 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. 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. Due to issues of delivery failure and occasional rejection by your server this email is being sent to multiple recipients to insure prompt delivery. All responses to this public records request should be made in writing to the following email address: chrisoharegulfstream@gmaii.com TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail October 28, 2016 Chris O'Hare [mail to: chrisohareeulfstream(7a,gmail.coml Re: GS #2366 (water bill communications) I request to inspect any records of communication in the public records* of the Town of Gulf Stream** related to the above referenced circumstances. Produce all communications responsive to this request except: any records of communication which were received from, sent to, or copied to O'Hare any records of communication which were received from, sent to, or copied to Mr. Louis Roeder Dear Chris O'Hare [mail to: chrisoharegulfstream(a)email.coml: The Town of Gulf Stream has received your public records requests dated October 28, 2016. The original public records request can be found at the following link: http://www2.gulf-stream.ore/weblink/O/doe/103262/Paee l .asox 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, Sip As requested by Rita Taylor Town Clerk, Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail November 22, 2016 Chris O'Hare [mail to: chrisoharegulfstream(d), mail.coml Re: GS #2366 (water bill communications) I request to inspect any records of communication in the public records* of the Town of Gulf Stream ** related to the above referenced circumstances. Produce all communications responsive to this request except: any records of communication which were received from, sent to, or copied to O'Hare any records of communication which were received from, sent to, or copied to Mr. Louis Roeder Dear Chris O'Hare [mail to: chrisohareeulfstreamaa,gmail.coml: The Town of Gulf Stream has received your public records request dated October 28, 2016. Your original public records request and response to your request can be found at the following link: hgp://www2.gulf-stream.ore/weblink/O/doc/103262/Pagel asox We consider this request closed. Sincerely, As requested by Rita Taylor Town Clerk, Custodian of the Records Renee Basel From: Trey Nazzaro Sent: Tuesday, October 18, 2016 3:48 PM To: jrandolph@jonesfoster.com' Subject: FW: O'Hare Water Account No. 1472 - Disconnect Notice Attachments: 2520AAS DemandLtr re WaterService wAttach 101816.pdf Skip, I look forward to speaking with you tomorrow. All the best, Trey Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. From: lou.roeder@gmail.com [mailto:lou.roeder@gmail.comj On Behalf Of Lou Roeder Sent: Tuesday, October 18, 2016 3:26 PM To: Bill Thrasher Cc: Chris O'Hare; Elaine Johnson James; Trey Nazzaro Subject: O'Hare Water Account No. 1472 - Disconnect Notice Please note the attached letter. Regards, Louis Roeder Attorney at Law Phone: 407-758-4194 Email: lou@louroeder.com Address: 7414 Sparkling Lake Road, Orlando, FL 32819 I ICONFIDENTIALITYNOTE: This email message and any attachments may contain confidential, privileged and non -disclosable information. The information is intended onlyfor the use ofthe individual or entity named on this email. Ifyou are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking ofany action in reliance on the contents ofthis email information, is strictly prohibited and that the documents should be returned to the sender immediately. Ifyou have received this email in error or by accidental transmission, please notify the sender by return email immediately, delete all electronic copies of this email and all attachments and destroy all hard copies. Thank you. LOUIS L. ROEDER Attorney at Law 7414 Sparkling Lake Road Orlando, FL 32819 407-758.4194 lou@louroeder.com October 18, 2016 Via Hand Delivery & E -Mail bthrasher@eulfstream.org William Thrasher Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Re: O'Hare Water Account No. 1472 for Service at 2520 Avenue An Soleil Disconnect Notice, dated October 13, 2016 Dear Mr. Thrasher: I am writing you regarding the provision of water utility service to my client, Christopher O'Hare, at 2520 Avenue Au Soleil in the Town of Gulf Stream ("Town"). The Town has demanded that Mr. O'Hare pay $3,023.44 for allegedly consuming 415,000 gallons of water during a two-month period from March 30 through May 26, 2016. Mr. O'Hare is confident that the bill is incorrect and has diligently tried to resolve this issue with the Town. However, on October 14, 2016, a Town police officer delivered to him a letter from you that contained your official notice that the water service to his home would be disconnected in 15 days if his account was not paid in full. A copy of the notice is attached. Typically for two months of water service, Mr. O'Hare pays approximately $150. The enormity of the bill is a clear signal to the Town that something went awry in its water billing system. On June 14, 2016, Mr. O'Hare informed the Town that, based upon the report of a leak detection company that found no leaks in any part of his system, his history of water consumption and his personal observations while continually occupying his home during that period of time, he was confident that he had not used 415,000 gallons of water from March 30 through May 26, 2016. A copy of the report, indicating no leaks, is enclosed for your ease of reference. Subsequently, Mr. O'Hare has written to you more than twenty (20) times in an effort to illustrate the Town's error and amicably resolve the disputed invoice. Among other things, he William Thrasher O'Hare Water Account No. 1472 for Service at 2520 Avenue An Soleil October 18, 2016 Page 2 of 2 has specifically requested that the Town examine all aspects of his water account to determine where the Town's water billing went awry, resulting in such a grossly inflated, and clearly erroneous, water bill. The Town appears not to have investigated the matter. Despite Mr. O'Hare's numerous requests for your assistance, none has been forthcoming. On June 20 and July 1, 2016, pending resolution of the dispute, Mr. O'Hare tendered tc the Town a check for $ 283.92, the amount, which based on many years of water usage, he estimated was due for his actual water usage during the two-month period. The Town rejected both payments. Mr. O'Hare then informed you that he had forwarded his payment to me, with instructions that it be transmitted to you whenever you requested it. Mr. O'Hare has done everything he reasonably can do to resolve this matter. Service of the notice is vexatious and meritless — a clear attempt by the Town to interfere with Mr. O'Hare's quiet enjoyment of his home. Given the ongoing litigation between the Town and Mr. O'Hare, owing to the Town's repeated violations of Florida's Public Records Act, the Town's refusal to investigate such an obviously aberrant bill for water service appears to be more deeply rooted in the Town's negative animus toward Mr. O'Hare than a belief that Mr. O'Hare actually used an inordinate amount of water in two months. Similarly, your refusal, as the Town's Manager, to assist a resident who is attempting to resolve a legitimate dispute with the Town is inconsistent with the terms and conditions of your employment by the Town and your duties to all of its residents. Accordingly, on behalf of Mr. O'Hare, I demand that the Town postpone the disconnection of water service to Mr. O'Hare's home, pending review of the report of the leak detection company, investigation of the Town's accounting and billing system and a report to Mr. O'Hare of the results of same. Kindly respond to this letter by 5 p.m. on Friday, October 21, 2016, failing which Mr. O'Hare reserves the right to pursue all available legal remedies to protect his interests and the enjoyment of his home. Sincerely, 4,—.— Louis L. Roeder, Esq. cc with enc. via email to Christopher O'Hare at pinegilagmail.com and Edward C. Nazzaro, Esq. at tnazzarona.gulf-stream.ore Enclosures TOWN OF GULF STREAM PAI -Ni BEACH COUNTY, FLORIDA COMAIISSIONER.S SCOTT W. MORGAN, Ala)or THOMAS M1I. STANLEY, %Ice•Rlapor PAUL A. LYONS, JR. JOHN K. ORTIIN'EI.N DONNA S. WHITE October 13, 2016 Christopher O'Hare 2520 Avenue Au Soleil Gulf Stream, Florida 33483 Dear Mr. O'Hare: Telephone (5611276-5116 Fax 15611777-0198 'toxo Manager WILLIAM Il. TIIRASIIER Toxn Clerk RI rA L. TAYLOR Our records reflect that you have unpaid charges for water consumption and garbage collection from May 1, 2016 through August 10, 2016 in the amount of $3,023.36. This is to be considered official notice that if this account is not paid in full within 15 days, your water service shall be disconnected as provided in Sections 34-28 and 34-29 of the Gulf Stream Code of Ordinances and a fee of $100.00 shall be charged for reconnecting the service as provided in Section 34-30. Copies of these sections are enclosed. very truly yours, w% /n,.-� William Ii. Thrasher Town Manager 100 SEA ROAD, GULF STREAM, FLORIDA 33483 UTILITIES § 34-30 ARTICLE I. IN GENERAL Secs. 34-1-34-24. Reserved. ARTICLE 11. WATER SERVICE* Sec. 34-25. Definitions. As used in this article, the following terms shall have the following meanings: Commercial service means a use of land or a building for nonresidential purposes, but shall include a residential use which has identifiable general service characteristics, as the term is used herein, both of which use the same water meter. Delinquent accounts means any account whose payment has not been received within 60 days from the mailing date of the bill on such account. Equivalent unit means a general service unit which consumes about the same amount of water as the average residential unit consumes. The equivalent unit(s) shall be estimated and rounded upward in whole number as determined by the town manager or his/her designee. Irrigation seruice means an individually me- tered water service used exclusively for lawn sprinkling, irrigation of pervious surfaces, and other related service. Irrigation service can be utilized by both residential and commercial ser- vice customers. Public authority means a land use or a building for governmental purposes associated with the 7bwn of Gulf Streamor any other public use located within the town limits. Residential means an individual unit designed for more or less permanent household occupancy which would include individual cooking and bath- ing facilities. Examples are a single family home, *Cross refurencea--Concurrency management system regarding public facility capabilities and levels of service, § 44-56 at seq.; levels of service regarding potable water, § 44.59; potable water concurrency assessment for residential developments, § 44-103, t t , t efficiency apartment unit, cooperative apartment unit, duplex unit, condominium, and multifamily residential building unit. (Ord. No. 94-3, § 1, 11-18-94) Sec., 34-26. Rages and charges. Rates and charges for all water service shall be established and set forth in a resolution adopted by the town commission. (Code 1978, § 10-2; Ord. No. 91-15, § 1, 3-8-91; -Ord. No. .92-9,-§ 1, 11.13-92; Ord. No. -94-3, § 2, 11-18-94; Ord. No. 95-5, § 2, 9-20-95; Ord. No. 03-41 § 1, 9-23-03) Sec. 34-27. Interest on delinquent charges. Any water bills remaining unpaid for a period in excess of 30 days after the bill is rendered and mailed shall bear interest at the maximum rate allowed by law. (Code 1978, § 10-3) Sea 34-28. Disconnection fornonpayment— Authorization. If any bill for water service has not been paid to the town within 30 days from the date of billing, ser%ce shall be disconnected after due notice. (Ord. No. 91-15, § 2, 3-8-91) Sec. 34-29. Same—Notice. Notice of disconnection of water service' shall-" be given by the town manager to the owner of the premises for which the water bill remains unpaid at the owner's last known address as indicated on the county tax rolls, at least 15 days prior to the date that the water is to be turned off. (Code 1978, § 10-3) Sea 34.30. Same—Reconnection fee. When water is turned off for nonpayment of the bill, it shall not be turned on except upon the Payment of a fee of $100.00 for turning off and turning on the water. (Code 1978, § 10.3) CD34:3 C's �� Y —1�'?Yz WORK PERFORMED AT: I ( 33 rDA J YOURWDAK ORDER j10 DUN BID NO. DESCRIPTION OF WORK PERFORMED IFFWARI'd UFAWOMWOMM K . • / r. r. v u • n' /.• .r iGu L i� V or /1 �I MEMM iI- _�\• / 1 �ITi�'�iT�I►ZJ/ All Material is guaranteed to be as specified, and the above work was performed in work and was completed in a substantial workmanlike manner for the agreed SA Dollars This is a []Partial []Full invoice due and payable by: in accordance with our []Agreement ❑Proposal No. $ rdnr NC3822 Of Dated w� ar provided for the above ran CHRISTOPHER OHARE 1140 u 2520 AVENUE AU SOLEIL GULF STREA61,. FL 05489 6102 67451mi 10W ess»>e,eo Ilnu� Lf 5TQ s 2B 3, az jut? I �1;'til '31� ''jb tfT j 7 6,—f 9'oa unW,rs ® Yh,lly9pNM.N 4. t+tT � I `h2 - tSm P� rw scLA� 1:063107SI31: 6993338i90B6 OL 40 AU SOLEIL L 1,, Es , OTAL OUE BY 06/30/16 $3,023.36 CHRISTOPHER O'HARE 2520 AVENUE AU SOLER GULF STREAM FL 33483 Ilhlllhnll�llllllhlllim�hl�jnhl Contractors Invoice nvm rnr.mncv,.i oA vauawoatctxu�n m All Material is guaranteed to be as specified, and the above work was performed In accordance wioie d Ings specifications provided for the above work and was completed in a substantial workmanlike manner for the ogre of Doha This is a ❑Parlal ❑Full Imolce due and payable by vmm oq in accordance with our []Agreement E)Propasal No. Dated & .d. NMI22 a m' o+, wr os -1o_✓wgl ✓YY'S511'I�PE� tOAT is Gv7 —%1 —'I e t,I vial 'r to m ? rvv, w4tan -Pte ri Milo All Material is guaranteed to be as specified, and the above work was performed In accordance wioie d Ings specifications provided for the above work and was completed in a substantial workmanlike manner for the ogre of Doha This is a ❑Parlal ❑Full Imolce due and payable by vmm oq in accordance with our []Agreement E)Propasal No. Dated & .d. NMI22 a m' o+, wr os -1o_✓wgl ✓YY'S511'I�PE� tOAT is Gv7 —%1 —'I e t,I vial 'r to m ? rvv, w4tan -Pte ri —*?AYMT-APPROVED 4_.— Amount -oo -- p Date lb/ Cc All Material is guaranteed to be as specified, and the above work was performed In accordance wioie d Ings specifications provided for the above work and was completed in a substantial workmanlike manner for the ogre of Doha This is a ❑Parlal ❑Full Imolce due and payable by vmm oq in accordance with our []Agreement E)Propasal No. Dated & .d. NMI22 a m' o+, wr os Renee Basel From: Trey Nazzaro Sent: Tuesday, October 18, 2016 5:22 PM To: scottmorgan75@gmail.com Subject: Fw: O'Hare Water Account No. 1472 - Disconnect Notice Attachments: 2520AA5 DemandLtr re WaterService wAttach 101816.pdf From: Trey Nazzaro Sent: Tuesday, October 18, 2016 3:48:18 PM To: jrandolph@jonesfoster.com Subject: FW: O'Hare Water Account No. 1472 - Disconnect Notice Skip, I look forward to speaking with you tomorrow. All the best, Trey Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. From: lou.roeder@gmail.com [mailto:lou.roeder@gmail.com] On Behalf Of Lou Roeder Sent: Tuesday, October 18, 2016 3:26 PM To: Bill Thrasher <bthrasher@gulf-stream.org> Cc: Chris O'Hare <pinegd@gmail.com>; Elaine Johnson James <ejames@elainejohnsonjames.com>; Trey Nazzaro <TNazza ro @gu If-strea m.org> Subject: O'Hare Water Account No. 1472 - Disconnect Notice Please note the attached letter. Regards, Loin's Roeder Attorney at Law Phone: 407-758-4194 Email: lou@louroeder.com Address: 7414 Sparkling Lake Road, Orlando, FL 32819 NOTE., This email message and any attachments may contain confidential, privileged and non - disclosable information. The information is intended onlyfor the use ofthe individual or entity named on this email. /fyou are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this email information, is strictly prohibited and that the documents should be returned to the sender immediately. lfymt have received this email in error or by accidental transmission, please notes the sender by return email immediately, delete all electronic copies ofthis email and all attachments and destroy all hard copies. Thankyou. LOUIS L. ROEDER Attorney at Law 7414 Sparkling Lake Road Orlando, FL 32819 407-7584194 lou@louroeder.com October 18, 2016 Via Hand Delivery & E -Mail bthrasherl7a,eulf.stream.ore William Thrasher Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Re: O'Hare Water Account No. 1472 for Service at 2520 Avenue An Soleil Disconnect Notice, dated October 13, 2016 Dear Mr. Thrasher: I am writing you regarding the provision of water utility service to my client, Christopher O'Hare, at 2520 Avenue Au Soleil in the Town of Gulf Stream ("Town"). The Town has demanded that Mr. O'Hare pay $3,023.44 for allegedly consuming 415,000 gallons of water during a two-month period from March 30 through May 26, 2016. Mr. O'Hare is confident that the bill is incorrect and has diligently tried to resolve this issue with the Town. However, on October 14, 2016, a Town police officer delivered to him a letter from you that contained your official notice that the water service to his home would be disconnected in 15 days if his account was not paid in full. A copy of the notice is attached. Typically for two months of water service, Mr. O'Hare pays approximately $150. The enormity of the bill is a clear signal to the Town that something went awry in its water billing system. On June 14, 2016, Mr. O'Hare informed the Town that, based upon the report of a leak detection company that found no leaks in any part of his system, his history of water consumption and his personal observations while continually occupying his home during that period of time, he was confident that he had not used 415,000 gallons of water from March 30 through May 26, 2016. A copy of the report, indicating no leaks, is enclosed for your ease of reference. Subsequently, Mr. O'Hare has written to you more than twenty (20) times in an effort to illustrate the Town's error and amicably resolve the disputed invoice. Among other things, he William Thrasher O'Hare Water Account No. 1472 for Service at 2520 Avenue An Soleil October 18, 2016 Page 2 of 2 has specifically requested that the Town examine all aspects of his water account to determine where the Town's water billing went awry, resulting in such a grossly inflated, and clearly erroneous, water bill. The Town appears not to have investigated the matter. Despite Mr. O'Hare's numerous requests for your assistance, none has been forthcoming. On June 20 and July 1, 2016, pending resolution of the dispute, Mr. O'Hare tendered to the Town a check for $ 283.92, the amount, which based on many years of water usage, he estimated was due for his actual water usage during the two-month period. The Town rejected both payments. Mr. O'Hare then informed you that he had forwarded his payment to me, with instructions that it be transmitted to you whenever you requested it. Mr. O'Hare has done everything he reasonably can do to resolve this matter. Service of the notice is vexatious and meritless — a clear attempt by the Town to interfere with Mr. O'Hare's quiet enjoyment of his home. Given the ongoing litigation between the Town and Mr. O'Hare, owing to the Town's repeated violations of Florida's Public Records Act, the Town's refusal to investigate such an obviously aberrant bill for water service appears to be more deeply rooted in the Town's negative animus toward Mr. O'Hare than a belief that Mr. O'Hare actually used an inordinate amount of water in two months. Similarly, your refusal, as the Town's Manager, to assist a resident who is attempting to resolve a legitimate dispute with the Town is inconsistent with the terms and conditions of your employment by the Town and your duties to all of its residents. Accordingly, on behalf of Mr. O'Hare, I demand that the Town postpone the disconnection of water service to Mr. O'Hare's home, pending review of the report of the leak detection company, investigation of the Town's accounting and billing system and a report to Mr. O'Hare of the results of same. Kindly respond to this letter by 5 p.m. on Friday, October 21, 2016, failing which Mr. O'Hare reserves the right to pursue all available legal remedies to protect his interests and the enjoyment of his home. Sincerely, Louis L. Roeder, Esq. cc with enc. via email to Christopher O'Hare at pined(@,gmail.com and Edward C. Nazzaro, Esq. at tnazzaro(a)gulf-stream.org Enclosures TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS SCOTT W. MORGAN, 8lapar THOMAS M. STANLEY, \7cohlaror PAUL A. LYONS, JR. JOAN K. ORTIIXYEIN DONNA S. WHITE October 13, 2016 Christopher O'Hare 2520 Avenue Au Soleil Gulf Stream, Florida 33483 Dear Mr. O'Hare: Telq,hane 15611276-5116 Fax 15611737-0108 Town Mana¢er \ ILLIANI II. TIIR,%SIIER Iowa Clerh RLI A L. TAYLOR Our records reflect that you have unpaid charges for water consumption and garbage collection from May 1, 2016 through August 10, 2016 in the amount of $3,023.36. This is to be considered official notice that if this account is not paid in full within 15 days, your water service shall be disconnected as provided in Sections 34-28 and 34-29 of the Gulf Stream Code of Ordinances and a fee of $100.00 shall be charged for reconnecting the service as provided in Section 34-30. Copies of these sections are enclosed. very % �truly yours, William H. Thrasher Town Manager 100 SEA ROAD, GULF STREAM, FLORIDA 33483 UTHMES § 34-30 ARTICLE I. IN GENERAL Secs. 341-34-24. Reserved. ARTICLE H. WATER SERVICE* Sec. 3425. Definitions. As used in this article, the following terms shall have the following meanings: Commercial service means a use of land or a building for nonresidential purposes, but shall include a residential use which has identifiable general service characteristics, as the term is used herein, both of which use the same water meter. Delinquent accounts means any account whose payment has not been received within 60 days from the mailing date of the bill on such account. Equivalent unit moans a general service unit which consumes about the same amount of water as the average residential unit consumes. The equivalent unit(s) shall be estimated and rounded upward in whole number as determined by the town manager or his/her designee. Irrigation service means an individually me- tered water service used exclusively for lawn sprinkling, irrigation of pervious surfaces, and other related service. Irrigation service can be utilized by both residential and commercial ser- vice customers. Public authority means a land use or a building for governmental purposes associated with the Town of Gulf Stream or any other public use located within the town limits. Residential means an individual unit designed for more or less permanent household occupancy which would include individual cooking and bath- ing facilities. Examples are a single family home, *Cross references--Coucurreacy Management system regarding public facility capabilities and levels of service, § 44.56 et seq.; levels of service regarding Potable water, 144-59; potable water concurrency assessment ror residential developments, 144-103. A i , efficiency apartment unit, cooperative apartment unit, duplex unit, condominium, and multifamily residential building unit. (Ord. No. 94-3, § 1, 11-18-94) See. 34-26. Rates and charges. Rates and charges for all water service shall be established and set forth in a resolution adopted by the town commission. (Code 1978, § 10-2; Ord. No. 91-15, § 1, 3-8-91; Ord. No. .92-9, § 1, 11-13-92; Ord. No. 04-3, § 2,. 11-18-94; Ord. No. 95-5, § 2, 9-20-95; Ord, No. 03-4, § 1, 9-23-03) Sec. 34-27. Intorest on delinquent charges. Any water bills remaining unpaid for a period in excess o£30 days after the bill is rendered and mailed shall bear interest at the maximum rate allowed by law. (Code 1978, § 10-3) Sec. 34-28. Disconnection for nonpayment— Authorization. If any bill for water service has not been paid to the town within 30 days Gin the date of billing, sericite shall be disconnected after due notice. (Ord. No. 9i-15, § 2, 3-8-91) Sec. 3429. Same—Notice. i Notice of disconnection of water service shall be given by the town manager to the owner of the premises for which the water bill remains unpaid at the owner's last known address as indicated on the county tax rolls, at least 15 days prior to the date that the water is to be turned off. (Code 1978, § 10-3) See. 3430. Same—Reconnection fee. When water is turned off for nonpayment of the bill, it shall not be turned on except upon the payment of a fee of $100.00 for turning off and turning on the water. (Code 1978, § 10-3) CD34:3 ecL+✓t 7'e, �.F+aC� Aca I/ serS' �wsz —` � 3— I 71 l Vc.u-1'0 AP z4i JJ 141 ••_ .i 'r ..•a 1.' • two �. r •6 /•' � ii HI 3 All Material is guaranteed to be as spectfied, and the above work was performed in actor work and was completed in a substantial workmanlike manner for the agreed of _ Dollars Thls Is a ❑ Partial ❑ Full invoice due and payable by In accordance with our ❑Agreement ❑Proposal No. Dated provided for the above o9 -r r -PCHRISTOPHER OHARE 1140 4 2520 AVENUE AU SOLEIL GULF STREAM, FL 08U83-6102 e176 V601 loNo 69933MI90 6 `Z0' t f-_ rnm P YiPL'� .T_aip Or 611 Lf STQ s 283, az ..gbtq ]}f/ Q c? Ilnlinre 8 wNt I' f+tT $ / Lh2 - z'.SM Pu AJ k'Li"1 L. Ar1'l44X , :m)Ril*J I - T: %r prove Tw ❑i 4❑ AU SOLER OTAL DUE BY 06/30/16 55" C, A :h' PLED DETA V.: CHRISTOPHER O'HARE 2520 AVENUE AU SOLEIL GULF STREAM FL 33483 III'lllbnll�hllillnllhTl�ll�lpllll 14257 TOWN OF GULF 5THEAM OPERATING ACCOUNT IV.31 2016 i 1 4 TOWN OF GULF STREAM SUNTHUST BANK -r7,jjj ](I 14257 OPERATING ACCOUNT X1 SFA ROAD GULF STREAM. FL3.1481-, 74271 (561 1 27f, -z': 16 **One hundred Nventy five and 00/100 Dollars— TO THE (WLID1 Christopher O'Hare 2520 Avenue Au Soleil Gulf Stream, FL 33483-6102 IRedacted pursuant to fil D 11. P. 5 y III CHE C- D;,.TT 11E(:Z 10/31/2016 14257 125.00 uk -N7j of Gulf Stream Gull Siruu:. IL ;i48:-fi10` ['heck date. ID':I 'lila ('neck number. 14157 ( m<k amount: S Gq.00 Transaction Number Date Description Amount Discount Net Amount 111,;11016 if) 31 Reunburermcnt l 111;cAl deleennn .51'_5.110 SO.00 SI d55n1 Account Number Account Description Amount OW -53 I'Iy-s 13-10 bbr Prvt S e; - T. I Invoices not printed on the check stub: 125.00 (IDD 15.00 Renee Basel From: Donna White <pasodonna@gmail.com> Sent: Tuesday, June 21, 2016 4:46 PM To: Donna White Subject: Fwd: Really big water bill in PAS ---------- Forwarded message ---------- From: William Spengler <snen72648(@,aol.com> Date: Wed, Jun 15, 2016 at 1:20 PM Subject: Re: Really big water bill in PAS To: Julio Martinez <immy1059(@,,yahoo.com> Cc: c o <pinegd@gmail.com>, Frank Russo <flrussol l(@Dgmail.com>, "mo_lyneub(@bellsouth.net" <molvneub(@bellsouth.net>, "vermafl(cr�gmail.com" <vermafl(o)gmail.com>, herman stevens <hermanstevensira,aol.com>, Augusto Titarelli<augusto.titarelli(@,gmaii.com>, Zac Bruker <zbruker@carecloud.com>, Jerry Clippinger <ierrv(canvthinginfence.com>, "aircraftemn@,aol.com" <Aircraftem(a,aol.com>, Charles Carlino <carlinocn@bellsouth.net>, "Robert J. Denton" <ridenton479C&,gmai1.com>, "traciesafwat@AOL.com" <traciesafwatn&,aol.com>, Robert Dudley <docdudn@ gmail.com>, Michael Panagis <mnanagis@mac.com>, Marion Fine <marionfine(aUmail.com>, Mary Eamhart <crvkie5 cagmail.com>, "jmdx.ireland(@-gmail.com" <janet.r.ireland(@,,gmail.com>, Chet SNAVELY <ccsnavelv(&,aol.com>, Janet Beddia <tjbeddian& bellsouth.net>, Ingrid <ILKCCIM(@,aol.com>, "honor0429(@,vahoo.com" <honor0429(&vahoo.com>, Edward Slominski <edwardpslominskin&,vahoo.com>, "mortmiller1(&),msn.com" <mortmillerlt7&msn.com>, "lindnerflmuc(@aol.com" <lindnerflmuc@aol.com>, "mneyexpertl7&,aol.com" <mneyexperta,aol.com>, Miguel Neumann <neumannmiguel(@,vahoo.com>, David Prusakowski <endoboca oDgmail.com>, "nickventura@,comcast.net" <nickventura(c comcast.net>, Chris Moreno <chrislmoreno3(@gmai1.com>, "daghartung_na yahoo.com" <daghartungna vahoo.com>, "beniirevnolds(&,aol.com" <beniirevnolds -aol.com>,"hp(@@,assetprotectionattomevs.com" <hp@assetprotectionattomevs.com>, Dan Reinhart <dfr99@hotmai1.com>, "EEDENHA(c aol.com" <eedenha(@,aol.com>, Elena <elenacarissimon@mac.com>, "Sandv5230n&,aol.com" <Sandy5230(@,aol.com>, ROSE LOCASCIO <flrose(@,optonline.net>, "christine s martinezavahoo.com" <christine s martinez(@,vahoo.com>, gail <SJRGAOna,bellsouth.net>, "xcicimsx(@aol.com" <xcimsx(@aol.com>, "abennettdelrav(@,comcast.net" <abennettdelray@comcast.net>, "ionathaniohnson(@.deloitte.com" <ionathaniohnsonadeloitte.com>, "georgeandkarenl0@gmail.com" <georgeandkarenl0aamail.com>, "seabrzdelr@AOL.com" <seabrzdelr(@,aol.com>, Mary Schindlbeck <becknhd(@,2mail.com>, "bob(&,laughnerpatel.com" <bobn& laughnerpatel.com>, Kristina Sutton Ermers <KristinaSuttonErmers(@@,gmail.com>, "christopher.mellor@tesco.net" <Christopher.Mellorn&,tesco.net>, Jeff& Lindsey Jones <drerossen(c earthlink.net>, "JAM5(@,,optonline.net" <JAM5(@,optonline.net>, "jamiemarran&,aol.com" <jamiemarra(@aol.com>, "WMCFL@AOL.com" <WMCFL(@),,aol.com>, "fsa1vatore58@@,gmai1.com" <fsa1vatore58@gmai1.com>, "sharonn&,anvthinginfence.com" <sharone,anvthinginfence.com>, "ii.rollins(@hotmail.com" <ii.rollins(@, otmail.com>, "malcmurphv(@ Aotmail.com" <malcmurphy hotmail.com>, "swordout(@,aol.com" <swordout@,aol.com>, "pasodonna(a),gmail.com" <pasodonna(&Dgmail.com>, "NewBob88(i�me.com" <NewBob88(@me.com>, "eslmd@medicalcvbemetics.com"<eslmd(@,medicalcvbetnetics.com>, paul tinsley <eptinsley@hotmail.com>, "SSG0904(&),aol.com" <SSG0904 a aol.com>, "placeausoleiln&yahoo.com" <placeausoleil(@vahoo.com>, Priscilla Ross <pbehnerossn@,gmail.com>, "ampiliven&,hotmail.com" <ampilive(ir hotmail.com>, Suzanne Boyd <sbovd(c cbsl2.com>, tom kubricky <TKC Engineering(@ ,roadrunner.com>, Rick <rick.ireland55 c0gmail.com>, "Brianwdudlev@vahoo.com" <Brianwdudlev ,vahoo.com>, "HJLANCE@AOL.com" <HJLANCE@aol.com>, "ozmeister7l(@.hotmail.com" <ozmeister7l(@hotmail.com>, "james malonenn,att.net" <James malonena,att.net>, "amnetcomm(o4ol.com" <amnetcommCcr�,aol.com>, Shelley O'Hare <shellevohareCcr�,vahoo.com>, "drme12000aaol.com" <drme12000aaol.com>1 "scottcamobell(&hotmail.com" <scottcamnbell cahotmail.com> Thank you for that input. It would be great if they could update us on specific actions that they take, along with what the outcomes are, as I agree with others that the quality of our water is very poor and the cost is extremely high. Regards, Bill Spengler Sent from my iPhone On Jun 15, 2016, at 11:03 AM, Julio Martinez <jmmp1059na,vahoo.com> wrote: Everyone, just got back from town hall good news is they are just as concerned over high water bills and have a protocol in place to do everything possible such as checking your meter sending out a letter if they notice water usage out of line etc. they are also very receptive to your feedback by contacting them to come up with a resolution as many things could be the primary issue to high water bills. My understanding is the town gets the bill from Delray and than pays them so there concern is aligned with ours on high water bills. My suggestion to start is do your best to make sure you have no leeks and work with the town as your partner to resolve issues. They welcome your feedback. Hope this helps Sincerely Julio Martinez Sent from my iPhone On Jun 14, 2016, at 9:49 PM, c o <pinegd(cDgmail.com> wrote: Wow. Seems like I hit a nerve. I will get to the bottom of this and find out what happened. When I do I will share with you what I find. This may just be a glitch due to a change in accounting or procedure. If a refund is due anyone I promise I will do my best to find it. By the way, my house water goes through a whole house charcoal filter I got from Waterman Co. in Boca. My water now looks clear and tastes sweet like bottled water. I recommend it. Chris On Tue, Jun 14, 2016 at 9:32 PM, Frank Russo <firussolICagmail.com> wrote: We will be watching our next bill as we are away so 111 be curious to see if the bill drops. On Jun 14, 2016 7:15 PM, "c o" <pineed(@gmail.com> wrote: I am curious if anyone else in Place Au Soleil has received an unusually high water bill recently? My last bill (attached) claims I consumed 415,000 gallons in the past two months. My past bills are usually for about 1000 gal each billing period. After getting the bill I had a Leak Detector expert inspect my property and he said there are no leaks. He also said 415,000 gallons would fill 28 swimming pools or an area 10' x 10' by over 55 stories tall. Has anyone else gotten a huge bill? Renee Basel From: Joan Orthwein <joanorthwein@gmail.com> Sent: Tuesday, November 10, 2015 7:29 AM To: Joan Orthwein Subject: Fwd: Gulf Stream water bill is going up again. Attachments: Proposed extra increase for water.pdf, ATT00001.htm; Com. White asks about water at 07 10 15 Meeting.pdf,, ATT00002.htm; Water Fund Budget 2015-2016.pdf; ATT00003.htm Sent from my iPhone Begin forwarded message: From: "Chris O'Hare" <chrisoharegulfstreamaa gmail.com> Date: November 9, 2015 at 10:05:04 PM EST To: Edward Slominski <edwardnslominskin@,yahoo.com>, "cc: william spengler" <spen72648n@ aol.com>, Lynn Brody<jbrody(@brainmattersresearch.com>, Bill Thrasher <bthrasher(@�,eulf-stream.org>, "scottmor=750)mmail.com" <scottmorgan75na,email.com>, Julio Martinez <jmma1059@vahoo.com>, Robert Glovsky <mneyexpert(a,aol.com>, "SEABRZDELRC@aol.com" <SEABRZDELR( ,aol.com>, "fames malone(cr�,att.net" <iames malonena,att.net>, "molvneubna,bellsouth.net" <molvneub(@Dbellsouth.ne>, "ij.rollins hotmail.com" <ii.rollinsna,hotmail.com>, "wesellna,comcast.net" <wesella,comcast.net>, Sandy Brandt <sandv5230(6ol.com>, "Traciesafwat @aol.com" <Traciesafwatna,aol.com>, "pamelalandouist(@ grnail.com" <pamelalandouist(@,,gmail.com>, "feenevireneO,bellsouth.net" <feenevirenee,bellsouth.net>, "dfr99(@hotmail.com" <dfr99(?ahotmail.com>, "drerossen(@,earthlink.net" <drerossen(@,earthlink.net>, "rdittman@belisouth.net" <rdittman(o,bellsouth.net>, "mschindlbeck(@att.net" <mschindlbeck(@,att.ne>, Robert Dudley <docdudla,gmail.com>, "georgeandkarenl0(@gmail.com" <georgeandkarenl0(0),email.com>, "ionathaniohnson(@,deloitte.com"<ionathanjohnsonna,deloitte.com>, Donna White <pasodonna&gmail.com>, "clipcoaa,bellsouth.net" <clipconabellsouth.ne>, "hermanstevensir(aaol.com" <hermanstevensirCa aol.com>, "ianet.r.ireland(7a gmail.com" <ianet.r.irelandaa,email.com>, "miguelneumann(@hotmail.com" <miguelneumann@,hotmail.com>, "diananassau(cyahoo.com" <diananassauna yahoo.co "Bdudlevl(o),wnail.com" <BdudlevlCa gmail.com>, "ddevlin(@mindspring.com" <ddevlinna mindsoring.com>, "amnetcomm(cr�aol.com" <amnetcomm(aaol.com>, "aircraftem(@,aol.com" <aircraftemaaol.com>, "flrose(@,ontionline.net" <flrose(c optionline.ne>, "HJLANCE(@aol.com" <HJLANCEaa,aol.com>, "EEDENHA(c aol.com" <EEDENHA(@u aol.com>, "vermaflAgmail.com" <vermafl( ,gmail.com>, "crvkie5Qgmail.com" <crvkie5( ,gmail.com>, Ann Bennett <abennettdelrav(@comcast.net>, "Brvandefrancesna,hotmail.com" <Brvandefrancesna,hotmail.com>, "JAMS@ootionline.net" <JAM5(a,optionline.net>, "cwillel4 ,gmail.com" <cwillel4@=ail.com>, "socermoml2(Raol.com" <socermoml2(@,aol.com>, "TKC Engineering(ajoadrunner.com" <TKC Engineering(@roadrunner.com>, "christonher.mellor(@,tesco.net" <christopher.mellor(@tesco.net>,"hn(&asseiprotectionattomevs.com" <hnCa assetprotectionattomevs.com>, "ronald(oDhukvaldv.com" <ronald(@Jiukvaldv.com>, "ozmeister7lQbotmail.com" <ozmeister7lQliotmail.com>, "ilkccimna,aol.com" <ilkccim(c aol.com>, "wmcfl(@aol.com" <wmcfl(a�aol.com>, "shellevohare(a vahoo.com" <shelleyoharena,vahoo.com>, "ccsnavely( ,aol.com" <ccsnavelv(a)aol.com>, "sirgaa (@bellsouth.net" <sjrgaa(@bellsouth.net>, "lindnerflmuc(a aol.com" <lindnerflmucna.aol.com>, "fsalvatore58@gmail.com" <fsalvatore58(@gmail.com>, "xcimsxAaol.com" <xcimsxaa,aol.com>, "toal.toallawna,verizon.net" <toal.toallaw(a verizon.net>, "malcmurphy otmail.com" <malcmurohv(g)hotmail.com>, "benjireynolds(@aol.com" <benijreynolds(Raol.com>, "nickventura( ,comcast.net" <nickventura(@comcast.net>, "drme1200Maol.com" <drrnel2000aaol.com>, "carlinoc(a bellsouth.net" <carlinocna,bellsouth.net>, "jamiemarrala,aol.com" <jamiemarraeaol.com>, "daghartungAyahoo.com" <daghartungQvahoo.com>, "newbob88na,me.com" <newbob88(a me.com>, "ridenton4790)gmail.com" <rjdenton479(&,,gmail.com>, "thunderrowes@,att.net" <thunderroweseatt.net>, "swordout(a aol.com" <swordout(&,,aol.com>, "mortmillerl(a msn.com" <mortmillerlRmsn.com>, "Drussonabellsouth.net" <Brusso(a)bellsouth.net>, "eslmd(&medicalcvbemetics.com" <eslmdAmedicalcvbemetics.com>, "zbrukert7a carecloud.com" <zbrukeraa,carecloud.com>, Glovsky Sue <ssg09O4@,aol.com>, "neumannmiguel(@yahoo.com" <neumannmiguel(@vahoo.com>, "chrisoharegulfstream(&gmail.com"<chrisoharegulfstream@,gmail.com>, "atitarelli(@tycoint.com" <atitarelliQDtvcoint.com>, "agustotitarelli(a gmail.com" <agustotitarelli(o)gmail.com>, "robertdudley(i me.com" <robertdudley[7ame.com>, " gcotton(i bathfitter.com" <gcotton(aDbathfitter.com>, "James.Gurrv(@,,yahoo.com" <James.Gurry(a),yahoo.com>, "dagmarheida(Dvahoo.com" <dagmarheida(a vahoo.com>, "cgregoriout7a,aol.com" <cgregoriou(&aol.com>, "jen-y@gbrassociates.com" <ierrv(nn gbrassociates.com>, "mertanderson(&comcast.net" <mertanderson(aDcomcast.net>, "cap44(a,,peonlepc.com" <cap44(@yeoyleyc.com>, "smuniz@acg-law.com" <smuniz(a acg- law.com>, "rdittmannalawdelray.com" <rdittmanna,lawdelray.com>, "flrose(oDoptonline.net" <flrose(@optonline.net>, "ioanorthwein cOgmail.com" <joanorthwein(a,gmail.com>, "rwgangernabellsouth.net" <rwgangerabellsouth.net>, "scottmorgan75(Dgmail.com.didthevreadit.com" <scottmorgan75(a)gmail.com.didthevreadit.com>, Dennis Honor <honor0429ayahoo.com> Subject: Gulf Stream water bill is going up again. Dear Neighbor, Here is some information on the upcoming rate increase for every one's water bill - if your interested. Today the Town announced it intends to raise every one's water bill by $360 more per year ($60 bimonthly) to pay for Town expenses; please see attachment. This is in addition to the $160,000 water bill increase made at the last budget hearing. In July Commissioner Donna White asked why water bills were going up and Mr. Thrasher basically told her the extra money was intended to bolster the Town's reserve (rainy day) fund; please see attachment portion of the meeting minutes. The recently passed water fund budget for 2015-2016 is attached. It shows the Town pays $670,000 to Delray Beach for the water and charges residents $1,172,000. The difference is misc. costs including management fees (Mr. Thrasher) and reserves for repairs - double from last year - evidently not enough since now the Town needs more money. The entire Agenda for the next commission meeting to be held this Friday at 9 AM can be viewed at: http://www2.[.rulf-streain.org/weblink/0/doc/69981 /Pagel .asax Best regards, Chris O'Hare RESOLUTION NO. 15-10 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AUTHORIZING A $30.00 PER MONTH ADDITIONAL CHARGE ON ALL WATER BILLS ISSUED BY THE TOWN, SAID CHARGE TO BE ENTITLED "RESERVES", TO BE USED FOR INFRASTRUCTURE REPAIRS, REPLACEMENTS AND IMPROVEMENTS RELATING TO THE WATER SYSTEM LOCATED WITHIN THE TOWN OF GULF STREAM; REQUIRING THAT THE TOWN MAINTAIN A SEPARATE ACCOUNT FOR THESE FUNDS WHICH SHALL BE LIMITED TO THE PURPOSES STATED HEREIN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town Commission has established a 'reserve" account for the purpose of infrastructure repairs, replacements and improvements for the water system located within the Town of Gulf Stream; and WHEREAS, it has been determined that an Increase to $30.00 per month fee shall be added to the water bill of each customer within the Town of Gulf Stream; and WHEREAS, billings to customers are bi-monthly. Therefore, a $60.00 charge shall be added to all water bilis issued subsequent to September 30, 2015. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. A 'reserve" fee of $30.00 per month ($60.00 bi-monthly) shall be Included on the water bill for all residents of the Town who are billed for water services. The purpose of said charge is to establish a reserve account in order that the Town may defer costs for Infrastructure repairs, replacements and Improvements necessary to adequately maintain the water system within the Town of Gulf Stream. Section 2. The Town shall establish a separate reserve account for the deposit of said funds, which funds shall not be comingled with other accounts of the Town. Section 3. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED in a regular session assembled this _ day of 2015. TOWN OF GULF STREAM MAYOR VICE MAYOR COMMISSIONER Minutes of Town commission Regular Meeting 6 Public Hearing July 10, 2015 @ 9 a.m. motion with all voting AYE at roll call. B. Presentation of Proposed Budget for Fiscal Year 2015-2016 1. Budget Consideration Town Manager Thrasher explained that this is the Proposed Budget and will move ahead to a Tentative Budget for consideration at the September meeting. He said this is a balanced budget with revenues and expenditures being $5,773,833 and it has been prepared based on the property appraisers certified taxable value of approximately 965 million dollars which is an increase of approximately 10.6%. The Town Manager advised that his budget includes salary increases of 3% and there are increases proposed for the Deputy Clerk and the Accountant. He pointed out that the contract with Delray Beach has increased by 5% under the terms of the contract. Mr. Thrasher said that the current millage rate is 3.9000, the rolled back millage rate is 3.6335 and the proposed millage rate for 2015-2016 fiscal year is 5.0000, 37.61% higher than the rolled back rate. He pointed out that the legal fees are estimated to be one million dollars, which is reflected in this document and the estimated Build to Reserves is $672,455. In answer to a question from Vice Mayor Ganger, he said this would bring the estimated Fund Balance to $1,752,350. The Town Manager called attention to two new line items in the budget that the auditor directed be added. This is to account for the revenue that is paid to the City of Delray Beach for building permits and subsequent inspections within Gulf Stream. This amount is $280,000. Mr. Thrasher said that the town is out -sourcing 1.5 million dollars to the City of Delray Beach, or approximately 25% of the total General Fund Revenue. 2. 2014-2015 Millage Rate Mr. Thrasher stated that the current fiscal year's millage is 3.9000. With regard to the Utility Fund, he requested a water rate increase of 4% and a $30 Reserve Billing Charge increase every billing cycle, bringing the estimated Build to Reserves to $132,000. In reply to a question from Vice Mayor Ganger, Mr. Thrasher said he has included $25,000 toward the cost of a Barrier Island Fire District study in this proposed budget. Commissioner White asked if the 4% water increase was in addition to the doubling of the reserves and is the 4% passed on from Delray. Mr. Thrasher replied that as of this time there has been no information from Delray and it will be a source of revenue with the reserve portion being placed in the special reserve fund and the remainder shown as revenue keeping in mind that at the end of the year, whatever the difference is between the revenue and the expenditures will be posted in the Fund Balance with the purpose of building the reserves. Mr. O'Hare was recognized and said that a little over 2 years ago he read an email to Barron Signs in which it was implied that Mr. Thrasher would be retiring in the spring of 2015 and he wondered if there should be a line item in the budget to cover a search for a Town Manager. He 10 Town of Gulf Stream Water Fund REVENUES: Water Sales Revenue PRELIM. $834,774 FINAL ACTUAL FINAL BUDGET AS OF BUDGET 10/112014 Reserves PROJECTED 10/1/2015 913012015 $131/2015 9/302015 9/30/2016 REVENUES: Water Sales Revenue 5945,000 $834,774 $1,001,728 $1,040,000 Interest Income 0 263 26,404 0 Reserves 66,000 44.610 66,000 132,000 Total Water Sales Revenue $1,011,000 5879,647 $1,067,728 51,172,000 EXPENSES: Labor Salary 43,87A 40,535 43,878 28,180 Benefit 26,404 25,576 26,404 28,180 Total labor 70,282 66,111 70,282 Cost of Purchased Water: Meter Charge 8110 $1,349 51,331 5110 Capacity Charge 30,000 19,630 525,000 30,000 Commodity Charge 620,000 371,066 5500,000 640,272 Total Purchased Water x650.110 $39_, x,331 567U382 Operational Costs: Repairs/Parts 76,743 $300 55,000 $46,918 Sampling Compliance 4,140 1,310 3,000 4,140 Communication 500 0 400 500 Electric 500 270 400 500 Supplies 5,000 4,136 4,300 5,000 Total Operational S✓36TF37 3,1 7,058 Capital: 535,000 $35,000 SI00,001) Administrative Expenses: Postage, Printing & Stationery $525 51,824 52,000 $1,000 Billing Software/--quipment 2,000 16,588 17,000 5,000 Engincaring/GIS Mapping 6,500 1,920 3,000 6,500 Management Fees/Insurance 75,000 76,055 77,000 90,000 Contingency/Bad Debt 2,000 0 0 2,000 Total Administrative Expenses ___W6_.025 $9b, 7 E99, 1114,501 Operating Transfers/Other Non -Operating Depreciation Expense 512,000 $9,000 512,000 512,000 Reserves 66,000 0 66,000 132,000 Payment In Lieu of Taxes 39,700 29,775 39,700 39,700 Total Operating Transfer Ouvother ___T3_8,_7T5_ Total Water System Expenses $1,011,000 5599,334 5861,413 51,172,000 Net Revenue(Loss) $0 5280,313 $206,315 $132,000 Page 6