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HomeMy Public PortalAboutFW_ GS #2723 (Brannon - Undergrounding Project) -2 IPM.Note FW: GS #2723 (Brannon - Undergrounding Project) FW: Martin E. O’Boyle SMTP meo@commerce-group.com GS #2723 (Brannon - Undergrounding Project) X-Vipre-Scanned: 0F9E22E301363C0F9E2430 Received: from GSEXCH-1.GulfstreamTH.local (10.0.0.22) by GSEXCH-1.GulfstreamTH.local (10.0.0.22) with Microsoft SMTP Server (TLS) id 15.0.1130.7 via Mailbox Transport; Sat, 1 Jun 2019 16:34:42 -0400 Received: from GSEXCH-1.GulfstreamTH.local (10.0.0.22) by GSEXCH-1.GulfstreamTH.local (10.0.0.22) with Microsoft SMTP Server (TLS) id 15.0.1130.7; Sat, 1 Jun 2019 16:34:37 -0400 Received: from 15pmail.ess.barracuda.com (209.222.82.70) by GSEXCH-1.GulfstreamTH.local (10.0.0.22) with Microsoft SMTP Server (TLS) id 15.0.1130.7 via Frontend Transport; Sat, 1 Jun 2019 16:34:36 -0400 Received: from NAM04-CO1-obe.outbound.protection.outlook.com (mail-co1nam04lp2055.outbound.protection.outlook.com [104.47.45.55]) by mx5.us-east-2b.ess.aws.cudaops.com (version=TLSv1.2 cipher=ECDHE-RSA-AES256-SHA384 bits=256 verify=NO); Sat, 01 Jun 2019 20:34:34 +0000 Received: from BN6PR16MB3235.namprd16.prod.outlook.com (10.255.129.22) by BN6PR16MB3203.namprd16.prod.outlook.com (10.255.131.24) with Microsoft SMTP Server (version=TLS1_2, cipher=TLS_ECDHE_RSA_WITH_AES_256_GCM_SHA384) id 15.20.1922.17; Sat, 1 Jun 2019 20:34:31 +0000 Received: from BN6PR16MB3235.namprd16.prod.outlook.com ([fe80::548e:d666:62c1:110e]) by BN6PR16MB3235.namprd16.prod.outlook.com ([fe80::548e:d666:62c1:110e%4]) with mapi id 15.20.1922.025; Sat, 1 Jun 2019 20:34:31 +0000 From: =?Windows-1252?Q?Martin_E=2E_O=92Boyle?= <meo@commerce-group.com> To: Renee Basel <RBasel@gulf-stream.org> CC: Michelle Melicia <mmelicia@commerce-group.com> Subject: FW: GS #2723 (Brannon - Undergrounding Project) Thread-Topic: GS #2723 (Brannon - Undergrounding Project) Thread-Index: AdUX6692vgIMJMNLSrqXVoyTSbGxpgAu46TQ Date: Sat, 1 Jun 2019 20:34:31 +0000 Message-ID: <BN6PR16MB32352C38C8DDF2B1D73FB4499D1A0@BN6PR16MB3235.namprd16.prod.outlook.com> References: <a981640fd053496cade3cada9f2cf81e@GSEXCH-1.GulfstreamTH.local> In-Reply-To: <a981640fd053496cade3cada9f2cf81e@GSEXCH-1.GulfstreamTH.local> Accept-Language: en-US Content-Language: en-US X-MS-Exchange-Organization-AuthAs: Anonymous X-MS-Exchange-Organization-AuthSource: GSEXCH-1.GulfstreamTH.local X-MS-Has-Attach: yes X-MS-TNEF-Correlator: received-spf: None (protection.outlook.com: commerce-group.com does not designate permitted sender hosts) x-forefront-antispam-report: SFV:NSPM;SFS:(10019020)(979002)(136003)(376002)(39830400003)(366004)(396003)(346002)(199004)(189003)(107886003)(66446008)(71200400001)(71190400001)(53936002)(508600001)(66616009)(66476007)(66556008) (64756008)(76116006)(73956011)(66946007)(5024004)(14444005)(74316002)(68736007)(4326008)(486006)(229853002)(6436002)(45776006)(53546011)(102836004)(81166006)(6916009)(81156014)(256004)(11346002)(4760 03)(7736002)(15974865002)(99936001)(236005)(446003)(25786009)(7696005)(76176011)(9686003)(6116002)(5660300002)(2473003)(6306002)(54896002)(99286004)(33656002)(790700001)(8936002)(86362001)(606006)(38 46002)(66066001)(6506007)(316002)(8676002)(186003)(52536014)(26005)(55016002)(14454004)(2906002)(969003)(989001)(999001)(1009001)(1019001);DIR:OUT;SFP:1102;SCL:1;SRVR:BN6PR16MB3203;H:BN6PR16MB3235.na mprd16.prod.outlook.com;FPR:;SPF:None;LANG:en;PTR:InfoNoRecords;A:1;MX:1; x-forefront-prvs: 00550ABE1F dkim-signature: v=1; a=rsa-sha256; c=relaxed/relaxed; d=commercegroupinc.onmicrosoft.com; s=selector1-commercegroupinc-onmicrosoft-com; h=From:Date:Subject:Message-ID:Content-Type:MIME-Version:X-MS-Exchange-SenderADCheck; bh=iWUhY5uzvPkT30jdyJcOON72nMaI8ReCs/2gMu8ymSc=; b=CDOqPuOWb/g+BjQiIhxvdN+tmBn6BeBOeoDWhsJidBFiHxn2zq/iAC8HQ5jblR2C+bGzpWk4nFM1VzYjl40MegGqLl03Vb5kiy92IqtvR0SxuwRhpru8y5aNyXbDMEAhbiFkulvMSNIa2LOGJPTEVRo96qcCz6UEMeSoiXSBl/w= authentication-results: spf=none (sender IP is ) smtp.mailfrom=meo@commerce-group.com; x-originating-ip: [72.170.242.156] x-vipre-scanned: 00828AF2012C8A00828C3F Content-Type: multipart/mixed; boundary="_004_BN6PR16MB32352C38C8DDF2B1D73FB4499D1A0BN6PR16MB3235namp_" MIME-Version: 1.0 Martin E. O’Boyle SMTP meo@commerce-group.com Michelle Melicia Renee Basel O'Boyle GS #2723 (Brannon - Undergrounding Project) Hi Renee – thank you for your letter (attached). Unfortunately, I don’t know what you are trying to say. So let me try to clear a few things up using my words. In this connection, I will focus on the 4 paragraphs (by # - top to bottom) on page 2 of the letter. 1. You use the term “good faith”. I found that word curious. No matter, I expect the Town will comply with Chapter 119, as required by law. That said, if further clarifications are needed, kindly advise and I will respond promptly. 2. Why don’t you tell me what records you are still seeking; and the sources from which you are seeking them, as it may be that once I have that information, I could work with you to narrow the request. 3. I would like to come in and view the records unless you would find it easier (and provided that there would be no additional cost incurred on this end) to send them to me electronically. If you prefer that mechanism, I’m good with it, subject to the logistics. Just let me know. As far as the items “on line”. My retrieving on line records from you is just not feasible, since access is limited at best. 4. When you say the records will “far exceed” the $250, I’m not sure what that means or the basis for such a statement. Perhaps you can share. 5. Most importantly, since seeing through the noise in your letter is difficult, I ask you when I could expect a full production; and, to alert me regarding the partial production (its content, the source of the content, etc.) and when and how I could receive. Thank you. Incidentally, do you use drop boxes? Note: This email was prepared using dictation software. As a result, there may be errors in the content and thus the content may not be relied upon. If you wish clarification, please call or write requesting the same. Thank you. Martin E. O'Boyle, Commerce Group 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561-383-1221 E-mail: meo@commerce-group.com Web Page: www.commerce-group.com From: Renee Basel <RBasel@gulf-stream.org> Sent: Friday, May 31, 2019 4:03 PM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: GS #2723 (Brannon - Undergrounding Project) Good afternoon, Mr. O’Boyle: See attached correspondence. Sincerely, Reneé Rowan Basel Executive Administrative Assistant Town of Gulf Stream 100 Sea Road Gulf Stream FL 33483 561.276.5116 561.737.0188-fax www.gulf-stream.org <http://www.gulf-stream.org/> 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. DA4B3A70A24787419EBE5101664E442C@namprd09.prod.outlook.com <BN6PR16MB32352C38C8DDF2B1D73FB4499D1A0@BN6PR16MB3235.namprd16.prod.outlook.com> <a981640fd053496cade3cada9f2cf81e@GSEXCH-1.GulfstreamTH.local> <a981640fd053496cade3cada9f2cf81e@GSEXCH-1.GulfstreamTH.local> Hi Renee – thank you for your letter (attached). Unfortunately, I don’t know what you are trying to say. So let me try to clear a few things up using my words. In this connection, I will focus on the 4 paragraphs (by # - top to bottom) on page 2 of the le Renee Basel Renee Basel EX /O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=3BAA9F04D837426B9ED16B03EC111B7B-RBASEL EX /O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=3BAA9F04D837426B9ED16B03EC111B7B-RBASEL Martin E. O’Boyle Martin E. O’Boyle Renee Basel Renee Basel meo@commerce-group.com meo@commerce-group.com rbasel@gulf-stream.org rbasel@gulf-stream.org II=[CID=240c02be-4bc3-ba4a-9756-8c9349b1b1a6;IDXHEAD=D517EBAF76;IDXCOUNT=2];SBMID=3;S1=<a981640fd053496cade3cada9f2cf81e@GSEXCH-1.GulfstreamTH.local>;RTP=DirectChild;TDN=Same;TFR=NotForking;Version=V ersion 15.20 (Build 2157.0), Stage=H1;UP=D0;DP=105 en None (protection.outlook.com: commerce-group.com does not designate permitted sender hosts) GSEXCH-1.GulfstreamTH.local en-US ABFEC252CBDB069A Anonymous 0F9E22E301363C0F9E2430 Renee Basel EX /o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=3baa9f04d837426b9ed16b03ec111b7b-rbasel rbasel@gulf-stream.org Renee Basel sip:rbasel@gulf-stream.org Michelle Melicia SMTP mmelicia@commerce-group.com mmelicia@commerce-group.com Michelle Melicia GS #2723 (Brannon - Undergrounding Project)_clarify.pdf TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail May 31, 2019 Martin E. O’Boyle [e-mail to: meo@commerce-group.com] Re: GS #2723 (Brannon – Undergrounding Project) To the Town of Gulf Stream, please provide: 1. All records (as defined in Chapter 119 F.S.) regarding or relating to or emanating from (“Regarding”) the underground electric project (the “Project”) applicable to the area south of the Gulf Stream Country Club (the “Area”), including, without limitation, all files, maps, surveys, easements, instruments permits, approvals, authorizations, directives, agreements, narratives, plans, invoices, records of payments, contracts, work orders, change orders communications (including, without limitation, text messages, emails, directives, memos, notes and other writings (electronic or otherwise) “Communications”)) with any party regarding or which relates to or which emanates from the Project and its scope, including, without limitation, all communications with FPL, and attorneys, other utility companies (such as phone, gas, water and cable companies) and any contractors, to the extent that such parties were involved with or contacted in connection with the Project. 2. All Communication sent to or received by persons or entities who own (or owned) real property in Hidden Harbor Estates (including the properties East of the Hidden Harbour Estates and West of A1A and including the properties immediately south of Hidden Harbour Drive) (the “HH Owners”), or persons purporting to be the attorneys, agents or representative(s) of the HH Owners, from January 1, 2013 to the date when the responsive documents to this request have been fully produced. The term “Town of Gulf Stream” shall mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager, its employees, its officers, its staff, its Police Department, its Police Officers its counsel and the following law firms: Sweetapple, Broeker & Varkas; Richman Greer, PA; Jones, Foster, Johnston & Stubbs; Cole, Scott & Kissane, P.A.; Johnson Anselmo Murdoch Burke Piper & Hochman, P.A. and Brannon and Gillespie and Danny Brannon (including, without limitation, the attorneys, employees and partners of each such law firm or entity.). As to any records which you choose not to produce any record(s), kindly provide a Log including an explanation (pursuant to Chapter 119) as to your basis for withholding any such records. Also, to the extent that there are any redactions in any of the records, we ask that you provide the basis consistent with the request in the prior sentence. Dear Martin E. O’Boyle [e-mail to: meo@commerce-group.com]: The original request and correspondence can be found at the following link: http://www2.gulf-stream.org/weblink/0/doc/158660/Page1.aspx Please be advised that due to the scope of records sought, which you stated includes all files, maps, surveys, easements, instruments, permits, approvals, authorizations, directives, agreements, narratives, plans, invoices, records of payments, contracts, work orders, change orders, and communications; and the subject matter of the records, a multimillion dollar undergrounding project that spans more than five years and covers nearly half of the Town of Gulf Stream, responding to your request will exceed your $250 deposit, to the extent that you have identified records with sufficient particularity to allow the Town to provide a good faith response. However, at this time, the Town does not believe it can fulfill your request with every possible responsive record, other than to respond in good faith, due to the volume of records potentially responsive to your request. The Town endeavors to provide you with the records you seek without unnecessarily charging you for extensive use of information technology resources (charged at $85 per hour) or extensive clerical or supervisory assistance (currently charged at $42.90 per hour). If you are able to meaningfully narrow your request to specify the records you seek, it would assist the Town in providing a more cost effective, timely and thorough response. The Town notes that many of the records you potentially seek are already available online for your inspection and copying. If you start by going to www.gulf-stream.org and click on “Find a Town record,” you can find files by searching by key word. For example, a search for the term “undergrounding” results in more than 500 separate files displayed on 26 results pages. This ranges from numerous other public records requests on this topic, updates to the undergrounding project, an ordinance, and bid solicitation documents; and this is just on the first results page. You can use other key words to narrow the search topic and familiarize yourself with the Town’s undergrounding project. With respect to records you seek that are in the physical custody of the Town, the Town has thus far identified a number of hard copy files of records located at Town Hall potentially responsive to your request. These records include records of bid documents, contracts, easements, the straw poll, drawings, easements, bond validation, assessments, and payments. These records can be provided to you electronically, in an effort to maximize efficiency and minimize costs. However, you asked to personally inspect these records, so please note that for inspection of records, the Town charges for extensive clerical or supervisory assistance incurred at the rate of $42.90 per hour when applicable, and that many of these records are already posted online if you follow the above directions. If your request instead seeks copies of these records, please let us know and the Town will provide access to these records electronically, giving you more time to review them. With respect to records you seek that are not in the physical custody of the Town, the Town has identified a number of contractors or entities, whom the Town is trying to coordinate with in an effort to provide records in response to your request including FPL, AT&T, Comcast, FPU, Hypower, and Brannon and Gillespie. Sincerely, Reneé Rowan Basel As requested by Rita Taylor Town Clerk, Custodian of the Records .pdf GS#272~1.pdf GS #2723 (Brannon - Undergrounding Project)_clarify.pdf application/pdf 44089469B19F754F9B05F533DD828DC8@namprd16.prod.outlook.com EnUsHi Renee – thank you for your letter (attached). Unfortunately, I don’t know what you are trying to say. So let me try to clear a few things up using my words. In this connection, I will focus on the 4 paragraphs (by # - top to bottom) on page 2 of the letter.   You use the term “good faith”.  I found that word curious.  No matter, I expect the Town will comply with Chapter 119, as required by law. That said, if further clarifications are needed, kindly advise and I will respond promptly.  Why don’t you tell me what records you are still seeking; and the sources from which you are seeking them, as it may be that once I have that information, I could work with you to narrow the request. I would like to come in and view the records unless you would find it easier (and provided that there would be no additional cost incurred on this end) to send them to me electronically. If you prefer that mechanism, I’m good with it, subject to the logistics. Just let me know.  As far as the items “on line”.  My retrieving on line records from you is just not feasible, since access is limited at best. When you say the records will “far exceed” the $250, I’m not sure what that means or the basis for such a statement.  Perhaps you can share. Most importantly, since seeing through the noise in your letter is difficult, I ask you when I could expect a full production; and, to alert me regarding the partial production (its content, the source of the content, etc.) and when and how I could receive.   Thank you.  Incidentally, do you use drop boxes?   Note: This email was prepared using dictation software. As a result, there may be errors in the content and thus the content may not be relied upon. If you wish clarification, please call or write requesting the same. Thank you. Martin E. O'Boyle, Commerce Group 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561-383-1221 E-mail: meo@commerce-group.com Web Page: www.commerce-group.com   From: Renee Basel <RBasel@gulf-stream.org> Sent: Friday, May 31, 2019 4:03 PM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: GS #2723 (Brannon - Undergrounding Project)   Good afternoon, Mr. O’Boyle:   See attached correspondence.   Sincerely, Reneé Rowan Basel Executive Administrative Assistant Town of Gulf Stream 100 Sea Road Gulf Stream FL 33483 561.276.5116 561.737.0188-fax HYPERLINK "http://www.gulf-stream.org/"www.gulf-stream.org   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.