HomeMy Public PortalAboutPRR 14-1541RECORDS REQUEST (the "Request ")
Date of Request:
10/2/2014
Requestor's Request ID#: 914
REQUESTEE: Custodian of Records Town of Gulf Stream
REQUESTOR: Commerce Realty Group, Inc.
REQUESTOR'S CONTACT INFORMATION: E -Mail: records @commerce- group.com
Fax: 954- 360 -0807; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442
REQUEST:
Please provide a copy of any writings that were generated in connection with the
telephone conversation with Brad Biggs on 8/26/2014, as reflected on the Jones,
Oster billing on August 31, 201 (Invoice #174284).
ADDITIONAL INFORMATION REGARDING REQUEST:
THIS REQUEST IS MADE PURSUANT TO PUBLIC RECORDS ACT,
CHAPTER 119 OF THE FLORIDA STATUTES AND IS ALSO REQUESTED UNDER THE COMMON
LAW RIGHT TO KNOW, THE COMMON LAW RIGHT OF ACCESS; AND ANY STATUTORY
RIGHT TO KNOW (INCLUDING, WITHOUT LIMITATION, ANY STATUTORY RIGHT OF
ACCESS, AS APPLICABLE). THIS REQUEST IS ALSO MADE PURSUANT TO THE RIGHTS OF
THE REQUESTOR PROVIDED IN THE FLORIDA CONSTITUTION.
IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED IN ELECTRONIC FORM. IF
NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS RECORDS REQUEST BE
FULFILLED ON 11 X 17 PAPER. NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES
SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2)
ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E -MAIL DELIVERY.
PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS
REQUEST IN ADVANCE.
It will be required that the Requestor approve of any costs, asserted by the Agency (as defined in Florida
Statute, Chapter 119.01 (Definitions)), in advance of any costs imposed to the Requestor by the Agency.
I:P/NPR/FRR
09.12.14 FORM
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
October 20, 2014
Commerce Realty Group, Inc. [mail to: records @commerce- group. coin]
Re: GS #1541 (914)
Please provide a copy of any writings that were generated in connection with the telephone
conversation with Brad Biggs on 812612014, as reflected on the Jones, Foster billing on August
31, 2014 (invoice #174284).
Dear Commerce Realty Group, Inc. [mail to: recordsna,commerce- eroup.coml,
The Town of Gulf Stream received your public records request on October 2, 2014. If your
request was received in writing, then the request can be found at the following links:
htty: / /www2.gulf- stream. org/ WebLink8 /0 /doc /22829/Paizel.asnx. If your request was verbal,
then the description of your public records request is set forth in the italics above. In future
correspondence, please refer to this public records request by the above referenced number.
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 further respond to your public records request
in a reasonable amount of time.
Sincerely,
Town Clerk
COMMERCE GROUP
mobovleOxo mmerce- erouo.com
Direct Dial Telephone #954 -570 -3505
October 21, 2014
VIA E -MAIL: bffimsher(@,gulf-stream.org
TELEPHONE #561- 276 -5116
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Attn: William H. Thrasher, Town Manager
Re: Records Request #914
Requestor: Commerce Realty Group, Inc.
Dear Mr. Thrasher:
Reference is made to the captioned Request which was submitted to the Town of Gulf Stream on
October 2, 2014. A copy of the Request is attached for convenience.
It is the Requester's belief that the Town of Gulf Stream is purposely delaying the fulfilling of the
Request.
It is implausible that the fulfilling of this Request is taking this long.
I write you this letter to alert you that if the captioned Request is not fulfilled by the close of
business on Friday, October 24, 2014 (the "Deadline "), that the Requestor will, with great
reticence, institute suit.
Of course, if you cannot accommodate the Deadline and you alert us at least 24 hours before the
Deadline, articulating a bona fide reason for not being able to accommodate the Deadline, the
Requestor will consider extending the Deadline to a reasonable date considering the
circumstances, which circumstances would have to be reasonable in themselves.
Sincerely yours,
COMMERCE G( R�OUP, INC..
lX �` -`-'r d Z
Martin E. O'Boyle
President
Enclosure
P/NPR/FRR
www.commerce-group.com
TEL. 954.360.7713 . FAx 954.360.0907
1280 Woo NEWPORT CEMER DRIVE, DEEMELD 13 Acn, FwR1nA 33442
RECORDS REQUEST (the "Request")
Date of Request: 10/2/2014
Requestor's Request ID#:
914
REQUESTEE: Custodian of Records Town of Gulf Stream
REQUESTOR: Commerce Realty Group, Inc.
REQUESTOR'S CONTACT INFORMATION: E -Mail: records @commerce- group.com
Fax: 954- 360 -0807; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442
REQUEST:
Please provide a copy of any writings that were generated in connection with the
telephone conversation with Brad Biggs on 8/26/2014, as reflected on the Jones,
Foster billing on August 31, 201 (Invoice #174284).
ADDITIONAL INFORMATION REGARDING REQUEST:
THIS REQUEST IS MADE PURSUANT TO PUBLIC RECORDS ACT,
CHAPTER 119 OF THE FLORIDA STATUTES AND IS ALSO REQUESTED UNDER THE COMMON
LAW RIGHT TO KNOW, THE COMMON LAW RIGHT OF ACCESS; AND ANY STATUTORY
RIGHT TO KNOW (INCLUDING, WITHOUT LIMITATION, ANY STATUTORY RIGHT OF
ACCESS, AS APPLICABLE). THIS REQUEST IS ALSO MADE PURSUANT TO THE RIGHTS OF
THE REQUESTOR PROVIDED IN THE FLORIDA CONSTITUTION.
IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED IN ELECTRONIC FORM. IF
NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS RECORDS REQUEST BE
FULFILLED ON 11 X 17 PAPER. NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES
SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2)
ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E -MAIL DELIVERY.
PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS
REQUEST IN ADVANCE.
It will be required that the Requestor approve of any costs, asserted by the Agency (as defined in Florida
Statute, Chapter 119.01 (Definitions)), in advance of any costs imposed to the Requestor by the Agency.
I:P/NPRIFRR
09.12.14 FORM
From: Bradley Biggs [mailto :bradleyw.biggs @gmail.com)
Sent: Tuesday, August 26, 201411:55 AM
To: Randolph, John C.
Subject: Gulfstream notice
Skip, Please find attached the notice that Laura Hannah emailed me from Gulfstream. I also am
providing the cite for the Bill Stroop Roofing, Inc. case that concerns the background of Sec. 205.065 and
the contractor's exemption for persons regulated by the DBPR. The cite is 788 So. 2d 365.
I would appreciate anything you have that would make it easier for me to explain why this may not be a
good way to raise revenue for the Village. Hope things are going well otherwise.
Warm regards,
Brad
BRADLEY NFU. BIGGS, PA
Attorney for the Village of Golf and the Town of South Palm Beach
Certified by the Florida Bar in City, County and Local Government Law since 2006
Lake Wellington Professional Centre
12230 Forest Hill Blvd., Ste. 110 -0 -1
Wellington, Florida, 33414
Tel: 561- 227 -1503
Fax: 561 -227 -1510
Bradleyw.biggs(@gmail.com
State Certified County and Circuit Court Mediator
Public Records — Legal Notice Regarding E -Mail: Under Florida Law, email and email addresses sent to this
office regarding matters related to government clients are public records. If you do not want your email or
email address released in response to a public- records request, do not send electronic email to this
entity. Instead, contact this office by phone.
Please be advised that your current Town of Gull Stream Occupational Registration will expire on September 30, 2013
and must be renewed it you Intend to perform work within the Town alter that date. As a reminder, this Is an occupational
regislration program, not an occupational license tax. All businesses performing work in the Town of Gull Stream must
obtain a Town Occupational Registration.
To obtain a registration, NEW COPIES of the fallowing documents must be provided to the Town:
1. A VAUD 2014 LOCAL BUSINESS TAX RECEIPT from the municipality /county In which your business is located.
Registration cannot be obtained with a Local Business Tax Receipt for "SALES" (retail or wholesale),
"MANUFACTURING" or "OFFICE."
2. A VALID Certificate of General Liability Insurance and a VALID Certificate of Worker's Compensation Insurance,
or a Workers Compensation Exemption Certificate, listing the Town of Gulf Stream as Certificate Holder.
BINDER NUMBERS ARE NOT ACCEPTED, you must have an assigned Insurance policy number.
3. It Florida State Certified or County Certified, a copy of the current Ceriilicalion.
'Note: Documents may be taxed to the Town of Gulf Stream at (561) 737 -0188 or e-mailed to fdefosse ®gulf-
stream.org, however, until the appropriate fee is received the registration will not be Issued or valid.
3. The NAME, TELEPHONE NUMBER 6 E -MAIL ADDRESS of the qualifier, business manager or owner.
4. Registration fees are as follows:
Contractors, service providers and professional occupations with a Standard Palm Beach
County Business Tax Receipt (CNTY) a other County Business Tax Receipt $29.00
Contractors with a Countywide Palm Beach County Local Business Tax Receipt (Cog $ 6.00
Registrations include two vehicle decals. Additional decals are $2.00 each. Vehicle decals are required for all company
vehicles. Failure to properly display your decal may resull in an immediate stop work order until the violation Is connected.
5. II you would like your registration and vehicles decals returned to you through the mail a SELF - ADDRESSED
STAMPED N10 ENVELOPE IS REQUIRED.
Registrations may be obtained, In person, at the Town Hall on non - holiday weekdays from 9:00 a.m. to 4:00 p.m. To
register by mail, please use the address listed below. Please direct any questions regarding Occupational Registration to
the Town Clerk's office at 561.276 -5116,
INFORMATION FOR
OCCUPATIONAL REGISTRANT
1. Work is permitted in the Town of Gulf Stream from May 1 thru November 30 on non - holiday weekdays and
Saturdays from 8:00 A.M. until 5:00 P.M
Note: During the period from December 1 thru April 30, work is permitted only on non - holiday weekdays from 8:00
A.M. until 5:00 P.M.; and on non - holiday Saturdays during the same hours it work Is conducted in a fully enclosed
structure such that noise, dust adore, vibrations, bright lights or similar effects from such activities are not detectable
from other properiles.
Pile driving, jack hammering and dry sand blasting and similar activities are prohibited from December 1 thru April 30.
2. Town Hall hours are from 9:00 A.M. to 4:00 P.M. Monday thru Friday. Telephone (561) 276.5116. Fax (561)
737 -0188.
3. Please keep radios in use by workers at a minimum volume, out of respect to nearby residents.
4. Trucks and other equipment shall not be parked on any property other than that where the work is being
performed. Whenever possible, all parking shall be done off the traveled portion of the roadway.
S. Commercial vehicles must display a valid Town Commercial Vehicle decal at all times. Two decals are
issued with each Occupational Registration and additional decals may be purchased from the Town for $2.00
each. Decals should be placed (one per vehicle) on the driver's side, REAR, bumper.
6. Mowers and other gasoline - powered equipment must be filled with fuel somewhere other than the public
street. The spillage from this type of work has caused the pavement to erode in a number of places.
No work Is allowed on the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas Day.
Town of Gulf Stream - 100 Sea Road - Gulf Stream, FL - 33483
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
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Please be advised that your current Town of Gull Stream Occupational Registration will expire on September 30, 2013
and must be renewed it you Intend to perform work within the Town alter that date. As a reminder, this Is an occupational
regislration program, not an occupational license tax. All businesses performing work in the Town of Gull Stream must
obtain a Town Occupational Registration.
To obtain a registration, NEW COPIES of the fallowing documents must be provided to the Town:
1. A VAUD 2014 LOCAL BUSINESS TAX RECEIPT from the municipality /county In which your business is located.
Registration cannot be obtained with a Local Business Tax Receipt for "SALES" (retail or wholesale),
"MANUFACTURING" or "OFFICE."
2. A VALID Certificate of General Liability Insurance and a VALID Certificate of Worker's Compensation Insurance,
or a Workers Compensation Exemption Certificate, listing the Town of Gulf Stream as Certificate Holder.
BINDER NUMBERS ARE NOT ACCEPTED, you must have an assigned Insurance policy number.
3. It Florida State Certified or County Certified, a copy of the current Ceriilicalion.
'Note: Documents may be taxed to the Town of Gulf Stream at (561) 737 -0188 or e-mailed to fdefosse ®gulf-
stream.org, however, until the appropriate fee is received the registration will not be Issued or valid.
3. The NAME, TELEPHONE NUMBER 6 E -MAIL ADDRESS of the qualifier, business manager or owner.
4. Registration fees are as follows:
Contractors, service providers and professional occupations with a Standard Palm Beach
County Business Tax Receipt (CNTY) a other County Business Tax Receipt $29.00
Contractors with a Countywide Palm Beach County Local Business Tax Receipt (Cog $ 6.00
Registrations include two vehicle decals. Additional decals are $2.00 each. Vehicle decals are required for all company
vehicles. Failure to properly display your decal may resull in an immediate stop work order until the violation Is connected.
5. II you would like your registration and vehicles decals returned to you through the mail a SELF - ADDRESSED
STAMPED N10 ENVELOPE IS REQUIRED.
Registrations may be obtained, In person, at the Town Hall on non - holiday weekdays from 9:00 a.m. to 4:00 p.m. To
register by mail, please use the address listed below. Please direct any questions regarding Occupational Registration to
the Town Clerk's office at 561.276 -5116,
INFORMATION FOR
OCCUPATIONAL REGISTRANT
1. Work is permitted in the Town of Gulf Stream from May 1 thru November 30 on non - holiday weekdays and
Saturdays from 8:00 A.M. until 5:00 P.M
Note: During the period from December 1 thru April 30, work is permitted only on non - holiday weekdays from 8:00
A.M. until 5:00 P.M.; and on non - holiday Saturdays during the same hours it work Is conducted in a fully enclosed
structure such that noise, dust adore, vibrations, bright lights or similar effects from such activities are not detectable
from other properiles.
Pile driving, jack hammering and dry sand blasting and similar activities are prohibited from December 1 thru April 30.
2. Town Hall hours are from 9:00 A.M. to 4:00 P.M. Monday thru Friday. Telephone (561) 276.5116. Fax (561)
737 -0188.
3. Please keep radios in use by workers at a minimum volume, out of respect to nearby residents.
4. Trucks and other equipment shall not be parked on any property other than that where the work is being
performed. Whenever possible, all parking shall be done off the traveled portion of the roadway.
S. Commercial vehicles must display a valid Town Commercial Vehicle decal at all times. Two decals are
issued with each Occupational Registration and additional decals may be purchased from the Town for $2.00
each. Decals should be placed (one per vehicle) on the driver's side, REAR, bumper.
6. Mowers and other gasoline - powered equipment must be filled with fuel somewhere other than the public
street. The spillage from this type of work has caused the pavement to erode in a number of places.
No work Is allowed on the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas Day.
Town of Gulf Stream - 100 Sea Road - Gulf Stream, FL - 33483
From: Bradley Biggs [mailto :bradleyw.biggs @gmail.com]
Sent: Wednesday, August 27, 2014 5:22 PM
To: Randolph, John C.
Subject: RE: Gulfstream notice
Skip, Thanks for the code sections and the contractor complaint email. If and when you issue a
memo /letter on this matter which indicates that such a registration fee may not be legally defensible,
would you mind forwarding that to me if it is a public record at the time. I did note that the code
section is dated in '94 (1 believe) and the Metro Dade Case was in 2001, so people may have thought at
that time it was OK. The 3`d DCA seemed to really take a hard line on this "registration fee' issue
occurring outside of what was permitted by the limitations of general law, and effectively called it an
illegal tax which had to be returned. I would not want to be in that position with anew regulation on
registration fees for contractors regulated by the DBPR.
Really appreciate the follow up information.
Regards,
Brad
From: Randolph, John C. [mailto:JRandolph @ionesfoster coml
Sent: Wednesday, August 27, 2014 12:27 PM
To: Bradley Biggs
Subject: RE: Gulfstream notice
Brad,
Pursuant to our telephone conversation, please see the attached. I hope this is helpful. This is
based off of Section 10 -1 of our Code, a copy of which I attach, which calls for a $25.00
registration fee. I am advised you get two decals in addition, thus the $29.00. 1 assume the
countywide contractors pay $6.00 for a $2.00 registration fee plus two decals for $6.00. 1 am
also forwarding you the information I spoke to you about.
JOHN C. RANDOLPH
JONESFOSTER
John C. Randolph .homey
Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 irandolph@jonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Nagler Drive, Suite 1100, West Palm Beach, Florida 33401
561 -659 -3000 1 www.ionesfoster.com
Incoming emails are filtered which ma' delay receipt. This email is personal to the named recipient(s) and may
be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any
review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete
the original message.
From: Bradley Biggs [ mailto : brad levw.biogsCalgmail.coml
Sent: Tuesday, August 26, 2014 11:55 AM
To: Randolph, John C.
Subject: Gulfstream notice
Skip, Please find attached the notice that Laura Hannah emailed me from Gulfstream. I also am
providing the cite for the Bill Stroop Roofing, Inc. case that concerns the background of Sec. 205.065 and
the contractor's exemption for persons regulated by the DBPR. The cite is 788 So. 2d 365.
1 would appreciate anything you have that would make it easier for me to explain why this may not be a
good way to raise revenue for the Village. Hope things are going well otherwise.
Warm regards,
Brad
BRADLEY W. BIGGS, PA
Attorney for the Village of Golf and the Town of South Palm Beach
Certified by the Florida Bar in City, County and Local Government Law since 2006
Lake Wellington Professional Centre
122930 Forest Hill Blvd., Ste. 110 -0 -1
Wellington, Florida, 33414
Tel: 561- 227 -1503
Fax: 561 -227 -1510
Bradleyw.biggsQgmail. corn
State Certified County and Circuit Court Mediator
Public Records — Legal Notice Regarding E -Mail: Under Florida Law, email and email addresses sent to this
office regarding matters related to government clients are public records. If you do not want your email or
email address released in response to a public - records request, do not send electronic email to this
entity. Instead, contact this office by phone.
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via a -mail
November 1, 2014
Commerce Realty Group, Inc. [mail to: records @commerce- group.com]
Re: GS #1541 (914)
Please provide a copy of any writings that were generated in connection with the telephone
conversation with Brad Biggs on 812612014, as reflected on the Jones, Foster billing on August
31, 2014 (invoice #174184).
Dear Commerce Realty Group, Inc [mail to: records @commerce- erout).coml,
This letter provides you with the full production of public records you have requested on October
2, 2014. Your original request can be viewed at the following link: http://www2.gulf-
stream. ore /W ebLink8 /0 /doc /22829/Pagel .asnx.
You can find the responsive documents at the same link.
We consider this matter closed.
Sincerely,
Town Clerk
Custodian of the Records