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
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CHRISTOPHER O'HARE
2520 AVENUE AU SOLER
GULF STREAM FL 33483
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work and was completed in a substantial workmanlike manner for the ogre of
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This is a ❑Parlal ❑Full Imolce due and payable by
vmm oq
in accordance with our []Agreement E)Propasal No. Dated
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All Material is guaranteed to be as specified, and the above work was performed In accordance wioie d Ings specifications provided for the above
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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
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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