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PRR 16-2237
From: "Chris O'Hare" <chrisohareeulfstream( gmail.com> Date: June 13, 2016 at 7:05:28 AM EDT To: bduasher(@,,eulf-stream.org RTavloraixulf-stream.oresneurnrnQnailmt.com, lalexanderna jonesfoster.com Subject: This is a request to inspect public records - Schoettle-Gumm communications This message originated from outside your organization Dear Custodian of Records for the Town of Gulf Stream, I request to inspect certain public records 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 be material to current, anticipated or presently unforeseen legal action. In addition, inspection of these records is 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 request to inspect. Therefore I am writing you now and requesting you make every effort as required by law to produce these public records without delay. I believe the records I seek to inspect may be In your custody AND/OR in the custody of an entity currently or formerly under contract with your agency. As a courtesy to you and your contractor and to assist in expediting my inspection of records responsive to this request I am notifying the contractor of this request by copy of this email. Do not assume my act of copying the contractor with this request relieves you of any of your duties under Florida Statute. I ask that you contact those entities yourself, inform them of their obligations under Florida Statute and produce any responsive records in their custody as soon as possible. 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. • 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. " O n c e y o u h a v e d e t e r m i n e d t h a t y o u d o o r d o n ' t h a v e a n y r e c o r d s i n y o u r c u s t o d y r e s p o n s i v e t o t h i s r e q u e s t , i m m e d i a t e l y a c t t o o b t a i n a n y r e s p o n s i v e r e c o r d s t h a t m a y b e i n t h e c u s t o d y o f y o u r c o n t r a c t o r ( s ) . " P r o v i d e o n l y t h o s e r e c o r d s f o r i n s p e c t i o n t h a t d o n o t r e q u i r e e x t e n s i v e u s e o f i n f o r m a t i o n t e c h n o l o g i e s o r e x t e n s i v e s t a f f t i m e o r b o t h I n e x c e s s o f 1 5 m i n u t e s . I r e q u e s t t o i n s p e c t a n y r e c o r d o f c o m m u n i c a t i o n b e t w e e n t h e T o w n o f G u l f S t r e a m * a n d M s . S u s a n S c h o e t t l e - G u m m i n a n y w a y r e g a r d i n g t h e U t i l i t y U n d e r g r o u n d i n g P r o j e c t . D o n o t i n c l u d e a n y r e c o r d s w h i c h a r e l o c a t e d w i t h i n t h e c o n t e n t s o f t h e m i n u t e s o f t h e T o w n ' s p u b l i c m e e t i n g s c u r r e n t l y p u b l i s h e d o n l i n e o n t h e T o w n ' s w e b s i t e . T h e r e c o r d s I r e q u e s t t o i n s p e c t i n c l u d e , b u t m a y n o t b e l i m i t e d t o , e m a i l s , l e t t e r s , t e x t , v o i c e m a i l a n d a n y o t h e r f o r m o f w r i t t e n o r e l e c t r o n i c c o m m u n i c a t i o n o t h e r t h a n p u b l i c m e e t i n g m i n u t e s p u b l i s h e d o n l i n e . * T h e p h r a s e " T o w n o f G u l f S t r e a m " w h e n u s e d h e r e i n r e f e r s t o t h e T o w n i n I t s e n t i r e t y I n c l u d i n g a l l e m p l o y e e s , a p p o i n t e e s , o f f i c i a l s , a s s i g n e e s , c o u n s e l a n d c o n s u l t a n t s i n c l u d i n g T o w n M a n a g e r , T o w n C l e r k , T o w n P o l i c e C h i e f , T o w n C o m m i s s i o n e r s , T o w n M a y o r , T o w n D e p a r t m e n t s , T o w n P o l i c e O f f i c e r s , T o w n E m p l o y e e s , T o w n E n g i n e e r , t h e l a w f i r m ( J o n e s F o s t e r J o h n s t o n & S t u b b s P . A . ) t h a t c l a i m s t o b e t h e T o w n A t t o r n e y I n c l u d i n g a l l a t t o r n e y , p a r t n e r a n d e m p l o y e e m e m b e r s o f t h a t f i r m ; t h e T o w n C o u n s e l o f S w e e t a p p l e , B r o e k e r & V a r k u s i n c l u d i n g a l l a t t o r n e y , p a r t n e r a n d e m p l o y e e m e m b e r s o f t h a t f i r m , t h e T o w n C o u n s e l o f R i c h m a n G r e e r , P . A . i n c l u d i n g a l l a t t o r n e y , p a r t n e r a n d e m p l o y e e m e m b e r s o f t h a t f i r m a n d a n y o t h e r e n t i t y a s s o c i a t e d w i t h t h e T o w n . I a s k y o u t o t a k e n o t e o f � 1 1 9 . 0 7 ( 1 ) ( c ) F l o r i d a S t a t u e s a n d y o u r a f f i r m a t i v e o b l i g a t i o n t o ( 1 ) p r o m p t l y a c k n o w l e d g e r e c e i p t o f t h i s p u b l i c r e c o r d s r e q u e s t a n d ( 2 ) m a k e a g o o d f a i t h e f f o r t w h i c h " i n c l u d e s m a k i n g r e a s o n a b l e e f f o r t s t o d e t e r m i n e f r o m o t h e r o f f i c e r s o r e m p l o y e e s w i t h i n t h e a g e n c y w h e t h e r s u c h a r e c o r d e x i s t s a n d , i f s o , t h e l o c a t i o n a t w h i c h t h e r e c o r d c a n b e a c c e s s e d . " I a m , t h e r e f o r e , r e q u e s t i n g t h a t y o u n o t i f y e v e r y i n d i v i d u a l a n d e n t i t y i n p o s s e s s i o n o f r e c o r d s t h a t m a y b e r e s p o n s i v e t o t h i s p u b l i c r e c o r d s r e q u e s t , i n c l u d i n g I n d i v i d u a l s a n d e n t i t i e s u n d e r c o n t r a c t w i t h y o u r a g e n c y , t o p r e s e r v e a n d p r o d u c e a l l r e s p o n s i v e r e c o r d s o n a n I m m e d i a t e b a s i s . I f y o u c o n t e n d t h a t a n y o f t h e r e c o r d s I a m s e e k i n g , o r a n y p o r t i o n t h e r e o f , a r e e x e m p t f r o m i n s p e c t i o n o r d i s c l o s u r e p l e a s e c i t e t h e s p e c i f i c e x e m p t i o n a s r e q u i r e d b y � 1 1 9 . 0 7 ( 1 ) ( e ) o f t h e F l o r i d a S t a t u t e s a n d s t a t e i n w r i t i n g a n d w i t h p a r t i c u l a r i t y t h e b a s i s f o r y o u r c o n c l u s i o n s a s r e q u i r e d b y � 1 1 9 . 0 7 ( 1 x f ) o f t h e F l o r i d a S t a t u t e s . P r o d u c e f o r m y I n s p e c t i o n a l l r e s p o n s i v e r e c o r d s a n d O N L Y r e d a c t t h a t p o r t i o n o f t h e r e c o r d t h a t y o u c o n s i d e r e x e m p t . T o b e c l e a r , i f y o u c o n s i d e r a n e n t i r e r e c o r d t o b e e x e m p t , p r o d u c e t h a t r e c o r d i n i t s e n t i r e t y w i t h a l l p o r t i o n s r e d a c t e d t h a t y o u c o n s i d e r e x e m p t . I s p e c i f i c a l l y a s k y o u t o d o t h i s i n o r d e r t h a t I m a y I n s p e c t f u l l y r e d a c t e d r e c o r d s f o r t h e p u r p o s e o f c h a l l e n g i n g a p a r t i c u l a r r e d a c t i o n o r e s t a b l i s h i n g a r e f e r e n c e f o r a f u t u r e r e q u e s t o f a r e c o r d t h a t i s o n l y t e m p o r a r i l y e x e m p t , a s i n t h e c a s e o f a p u b l i c r e c o r d t h a t w a s p r e p a r e d b y a n a g e n c y a t t o r n e y e x c l u s i v e l y f o r l i t i g a t i o n a n d i s o n l y e x e m p t f r o m d i s c l o s u r e u n t i l t h e c o n c l u s i o n o f t h e l i t i g a t i o n . 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(2xf), 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. 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. 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. All responses to this public records request should be made in writing to the following email address: chrisoharegulfstream@gmall.com TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail June 15, 2016 Chris O'Hare [mail to: chrisohareeulfstream(Z gmail.coml Re: GS #2237 (Schoettle-Gumm communications) I request to inspect any record of communication between the Town of Gulf Stream * and Ms. Susan Schoettle-Gomm in any way regarding the Utility Undergrounding Project. Do not include any records which are located within the contents of the minutes of the Town's public meetings currently published online on the Town's web site. The records I request to inspect include, but may not be limited to, emails, letters, text, voicemail and any other form of written or electronic communication other than public meeting minutes published online. Dear Chris O'Hare [mail to: chrisohareizulfstream(@,mail.com The Town of Gulf Stream has received your public records requests dated June 13, 2016. The original public record request can be found at the following links httv://www2.gulf- stream.ore/weblink/O/doc/93866/Pagel.asRx. 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, Town Clerk, Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail August 3, 2016 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS #2237 (PRR Schoettle-Gumm communications) I request to inspect any record of communication between the Town of Gitlf Stream * and Ms. Susan Schoettle-Gomm in any way regarding the Utility Undergrounding Project. Do not include any records which are located within the contents of the minutes of the Town's public meetings currently published online on the Town's web site. The records I request to inspect inchtde, but may not be limited to, emails, letters, text, voicemail and any otherform ofwritten or electronic communication other than public meeting minutes published online. Dear Chris O'Hare [mail to: chrisohareeulfstreamCaa4�email.coml, The Town of Gulf Stream has received your public records request dated June 13, 2016. You should be able to view your original requests at the following link: http://www2.gulf-stream.ore/weblink/O/doc/93866/Pagel.aspxx. Please allow this response to be responsive for all parties involved. You have asked that the Town only provide those records that do not require extensive use of information technologies or extensive staff time or both in excess of 15 minutes and that the Town provide an estimate of the cost that would be required to fulfill the request as permitted by the Public Records Act. To that end, the Town has spent at least 15 minutes on your request and is providing you with documents found, in that 15 minute time frame, at the same link above. The Town estimates that to fully respond to your request will require an additional four hours of administrative support at $28.92 per hour, the labor cost of the personnel providing the service, per Fla. Stat. § 119.07(4)(d). Ms. Schoettle-Gumm's computer hard -drive failed in the spring of 2013 and it is estimated that it will cost approximately $350.00 to attempt to extract the records from it. She will then have to review those records, as well as other records, on her current computer at $195.00 per hour. She estimates at least five hours to review. If the costs of producing these documents will exceed your deposit, the Town will provide you with an initial production of responsive records and an estimate for the production of any additional responsive records. If the costs of production are less than the deposit, the Town will provide you with the responsive records and a refund. (Four hours @ 28.92) + (Five hours @ $195.00) + ($350.00 computer hard -drive recovery) = Deposit Due: $1,411.76 in cash or check Upon receipt of your deposit, the Town will use its very best efforts to further respond to your public records request in a reasonable amount of time. If we do not hear back from you within 30 days of this letter, we will consider this closed. Sincerely, Town Clerk Custodian of the Records Renee Basel From: Habib Isaac <hisaac@raftelis.com> Sent: Tuesday, September 03, 2013 10:06 AM To: Susan Schoettle Subject: RE: Very nice. From: Susan Schoettle [mailto:spgumm@mailmt.com] Sent: Tuesday, September 03, 2013 7:05 AM To: Habib Isaac Subject: FW: Habib—See email below from Bill Thrasher. I replied to Bill asking if he provided my contact info or if I should contact the Administrator directly. Will keep you posted. Susan From: Bill Thrasher [mailto:bthrasher(c gulf-stream.org] Sent: Tuesday, September 03, 2013 9:43 AM To: soaumm(&mailmt.com Cc: dclark(la lakeclarke.ora Subject: Susan, The Town Administrator of Lake Clarke Shores, Palm Beach County, is working on a potential special assessment project for a new service main. He asked me who the Town used during our process and asked if I were happy and satisfied. Thus this email to you to see if you might be interested in working with him on a similar project as GS. Hope all is well. William H. Thrasher, ICMA-CM, CGFO, CGFM Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Office 561.276.5116 I Fax 561.737.0188 Direct e-mail: bthrasher(a7aulf-stream.ora Renee Basel From: Kelly Avery <kavery@gulf-stream.org> Sent: Friday, September 13, 2013 12:07 PM To: spgumm@mailmt.com Subject: Information per Rita Taylor Attachments: D00011.pdf Rita Taylor asked me to forward this attachment to you Kelly Avery Accountant/Assistant to the Finance Director Town of Gulf Stream 100 Sea Rd. Gulf Stream, FL 33483-7427 561-276-5116 561-737-0188 fax Renee Basel From: Nolan, Marcie Oppenheimer <MNolan@bplegal.com> Sent: Monday, November 04, 2013 6:32 PM To: 'Randolph, John C.' Cc: Bill Thrasher; spgumm@mailmt.com Subject: RE: update on the Gammon Special Assessment I am also glad you were included in the email. It seems unfortunate that it has taken us over a year to determine that the Gammon's personally handed their parcel combination information directly to Rita before the final hearing and vote to make sure their unit was assed as one. They did this the very day the parcels were combined, as recorded. Susan was going to personally speak with Mr. Thrasher and Rita on these events. I believe it even troubled her. I will speak with the Gammon's and let you know how they wish to proceed. Sincerely, Marcie ---Original Message ----- From: Randolph, John C.[mailto:JRandolph@jonesfoster.com] Sent: Tuesday, October 29, 2013 9:10 AM To: Nolan, Marcie Oppenheimer Cc: 'Bill Thrasher' (bthrasher@gulf-stream.org); spgumm@mailmt.com Subject: RE: update on the Gammon Special Assessment Marci, Thank you for copying me on your email to Susan, dated October 24, 2013. 1 am not sure what good it will do to set up a meeting to further discuss this issue. It is my understanding, at this point in the process, this matter is complete and cannot be reversed. JOHN C. RANDOLPH John C. Randolph Attorney Direct Dial: 561.650.0458 ] Fax: 561.650.5300 1 jrandolph@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 1 http://www.jonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may 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. ---Original Message ----- From: Nolan, Marcie Oppenheimer [mailto:MNolan@bplegal.com] Sent: Thursday, October 24, 2013 4:03 PM To: 'spgumm@mailmt.com' Cc: Randolph, John C. Subject: RE: update on the Gammon Special Assessment I may have not stated myself clearly, I apologize. When we spoke I focused on the key fact that Margo Stahl and Jim Gammon came into Town Hall the day the parcels were combined, May 11th and provided a copy of the combined folios to Rita, in her official capacity as Town Clerk and asked her to make sure that the assessment reflected this new information. This was not done. I thought that you were going to ask Rita if she remembers taking in the document in question and what she did with it. I understand you are not in town hall so reaching her may be difficult. If you think it would be best, I will set up a meeting with the Town on this issue and see why the information was not provided to the consultant. Sincerely, Marcie Marcie Oppenheimer Nolan Attorney at Law Becker & Poliakoff, P.A. Emerald Lake Corporate Park 13111 Stirling Road ] Fort Lauderdale, FL 33312-6525 Tel: 954.985.4135 1 Fax: 954.985.6814 1 MNolan@bplegal.com http://www.bplegal.com Visit http://www.p3exchange.com today! ----Original Message ----- From: spgumm@mailmt.com [mailto:spgumm@mailmt.com] Sent: Sunday, October 20, 2013 9:58 PM To: Nolan, Marcie Oppenheimer Cc: Randolph, John C. (JRandolph@jonesfoster.com) Subject: Re: update on the Gammon Special Assessment Marcie - In our last phone conversation, I stated that I had not seen any documents nor heard any facts from you that changed the opinion I provided in my July 29, 2013 letter to your colleague, Mr. Espino. I am attaching a copy of that letter. You asked me what the Gammons could do regarding a Town hearing on the annual budget and millage levy that they were unable to attend as it was on a Jewish holiday. I stated that they could, as always, send a written statement to the Town. I obtained a copy of the letter you submitted on behalf of the Gammons from the Town. You requested a hearing for the Gammons on the utility undergrounding assessments levied on their property. I have since told the Town Manager that I know of no requirement for the Town to provide a hearing at this time on this matter. I am not aware of any action being considered by the Town regarding the Gammon's concerns about their utility undergrounding assessments. Sincerely, Susan Schoettle-Gumm Susan Schoettle-Gumm, PLLC 18099 Deer Prairie Drive Sarasota, FL 34240 Office 941-377-4948 Mobile 941-320-3054 > Hello Skip and Susan, > I hope all is well. When last we spoke Susan was going to call over > to the Town and speak with Mr. Thrasher and Rita on whether or not > they received the Gammons combined folio paperwork before the final hearing. > They have stated that they gave it to Rita and spoke with her about > the fact the assessment would now be reflected to be one unit, not > three. I know Susan has other issues, but obviously there is a > fairness issue here as well. > Please let me know how this is going. > They are really good people who tried to do the right thing. > Sincerely, > Marcie > [Becker & Poliakoff]<httP://www.becker-poliakoff.com/> > Marcie Oppenheimer Nolan > Attorney at Law > Emerald Lake Corporate Park > 3111 Stirling Road > Fort Lauderdale, FL 33312-6525 > 954.985.4135 Phone > 954.985.6814 Fax > MNolan@bplegal.com<mailto:MNolan@bplegal.com> > http://www.bplegal.com<httP:Hwww.bplegal.com> > http://www.p3exchange.com > Our clients' total satisfaction is our #1 priority. The Becker & > Poliakoff Client CARE Center is available for questions, concerns and > suggestions. Please contact us at 954.364.6090 or via email at > CARE@bplegal.com<http:H>. 09-13-'13 09:37 FROB- .Eigdrald Lpkg 470p'orate Park - _ ��'ort EaSldeidalg Florida 33312-¢52S (954)9¢7985-0176 PolAi<o1 - T-257 P0001/0002 F-680 ADNIMISTRATI9E OFFICE 3111 S7nLWG4OAO TO" WJDERDALE. rI 77317 954921.TS50 W W W.RCCERAOUANOrRCOM SRaBECECR PON KOER.COM rt.uu9nDnE September 12, 2013 Faxed for Expediency: (561) 737-0188 Emailed: jrandolph©jones-foster.com Mayor and Town Council members Mr. William Thrasher, Town Manager Mr. John Randolph, Town Attorney Town of Gulfstream 100 Sea Rd Gulf Stream, FL 33483-7427. Reply To: Marcie Oppenheimer Nolan, Esq, Direct Dial: (954) 9954135 mnolan@bplegal.com ET IAYESS rr.wwDNe[ACH Be: Non Ad Valorem TaxAssessmenrAppeal MDAII Dear Mayor, Council members, Town Manager and Town Attorney: MMAMAS MDERDTOWM Please allow this letter to serve as a formal appeal of the 2013 tax assessment for "AhEsthe parcel ID# 20-43-46-03-12-000-4120 owned by Margo Stahl located at 3851 HEWYDEE N. Ocean Blvd, Apt. 412. After speaking with both the Town Manager and the NOMEANYIRGM A Special Town Attorney due to the fact the public hearing is Friday, September 13, "UNDO 2013 at 5:01 PM and this date happens to be one of the most high holidays of the rRAEDE Jewish Faith, I was advised that I could send in an appeal letter as opposed to be RED6WR there in person. EAEAfprA S'191" At issue is the Gulfstream Underground und Utility Non -Ad Valorem tax as applied to TALLAHASSEE the above referenced folio number. The above reference property was unified '""'ARAY May 2011. The property went from having two folio numbers to having one. At wAs„INGTON.DE the time this formal action was taken by the property appraiser, with notification WIZrNAWAII p to the Town, via direct communication with the Town Clerk, the official records keeper for the Town, the special assessment should have been revised to reflect one assessment, not three, or two. These were technical errors on the part of the town and its consultant in the creation of the assessment rolls. This technical error has nothing to do with the methodology approved by the Town, applied to the project and ultimately certified by the Supreme Court of Florida. In fact, the final approval by the Town of the assessment roll, occurred after Margo Stahl and Jim Gammon both combined the folios and informed the Town Clerk. We respectfully request a hearing providing an opportunity to be heard on the LEGAL AND BUSINESS STRATEGISTS MEMBR OF IEGNE. NADGNM AHD MRENMATIOIALIAW FIRM ME X 09-13-'13 09:37 FROM - Mr. William Thrasher, Town Manager September 12, 2013 Page 2 assessment. Please contact me as soon as you have established a hearing date. Sincerely, Marcie OarNolan For the Firm CC: Margo Stahl and Jim Gammon ACTIVE. 3011143_1 T-257 P0002/0002 F -6B0 Margo Stahl 3851 North Ocean Blvd. #412 Gulfstream, Florida 33483 Town of Gulfstream 100 Sea Road Gulfstream, FL 33483 Dear Town of Gulfstream, September 12, 2013 Although I am unable to attend the public hearing on the notice of proposed property taxes and non -ad valorem assessments due to the timing of the meeting, I wish to place my objection to my non ad valorem tax assessment for the undergrounding project on the record and in writing this year. Our objection is based upon the fact that our three units legally became one unit in May of 2011. The town initiated the special assessment public hearing process on May 13 and June 30, 2011. The town incorrectly assessed our property as if it were three when in fact it was one legal unit. Both myself and my husband, Jim Gammon were present at the May 13 and June 30, 2011 public meetings and provided oral comments to the Town Commission regarding our opposition to the utility undergrounding project. We also submitted in April 2011 and had published in the Coastal Star an op-ed piece opposing the undergrounding as being unfair to condo owners. Our objections to the overall project aside, we thought we were dealing in good faith with the Town by keeping you informed of our condo combination at every step. Most importantly, [ brought in my 2012 preliminary tax bill to show Ms. Taylor, the Town Clerk, that the units had been combined officially by the Palm Beach Co. Tax office and asked her to confirm that we were only receiving a single undergrounding charge. The Town Clerk assured me that it appeared to be so since the bill showed the number I instead of 3 for utility charge and said that she would check again to be sure. I felt comfortable that the Town Clerk would follow up on this issue if there was any problem. No further response was received from the Town Clerk and it was assumed that we were to receive a single assessment for undergrounding. Unfortunately, it was not brought to my attention that there would be three assessments until it was too late to respond through normal grievance channels. Objections would have been made but for the justifiable reliance on the town employee's comments. There was no way to know that the town was assessing three units. The bill that was received was extremely confusing. In order to know whether to object, 1 went and specifically asked the town clerk whether it was one or three. The town employee knew why I was asking. 1 justifiably relied on this interaction and saw no need to object to being assessed for one unit. In addition, my tax bill is not "an aggregation of the taxable value for the three units" but a special evaluation made through the condo combination unit of the PBC tax office to evaluate the unit's individual value based on number of rooms, etc. Since the PBC tax office views their combination as a single unit including the garbage assessment, the Town of Gulfstream should do so as well for its utility charges. We reiterate our belief that a single undergrounding charge is legal and appropriate for combined units as is the case with other combined units in the some building. Sincerely, 3�'V Margo t Renee Basel From: Brooke Cupell <cupelb@willdan.com> Sent: Tuesday, June 03, 2014 3:20 PM To: spgumm@mailmt.com Subject: RE: FW: Gulf Stream Levy Hi Susan, Bill said the Town is going to contact the property owner for payment. Brooke Cupell Senior Project Analyst Willdan Financial Services Celebrating 50 years of service 1440 East Missouri Avenue, Suite C170 Phoenix, Arizona 85014 T. 602.395.7541 F. 951.587.3510 -----Original Message ----- From: spgumm@mailmt.com [mailto:spgumm@mailmt.comj Sent: Tuesday, June 03, 2014 11:59 AM To: Brooke Cupell Subject: Re: FW: Gulf Stream Levy Hi Brooke - There is still the issue of back billing on the parcel that was omitted in error. What is Bill doing on that? Thanks, Susan > Hi Susan, > In follow up to our conversation last week. I spoke to Bill and the > property owner requested that they be paid interest on the amount they > paid. Bill agreed to pay it so that there would not be an issue. So, > I will not need you to look into this any further. > Thank you, > Brooke Cupell > Senior Project Analyst > Willdan Financial Services > Celebrating 50 years of service > 1440 East Missouri Avenue, Suite 0170 1 > Phoenix, Arizona 85014 > T. 602.395.7541 > F. 951.587.3510 > From: Bill Thrasher [mailto:bthrasher@gulf-stream.org] > Sent: Tuesday, May 27, 2014 9:16 AM > To: Brooke Cupell > Subject: RE: Gulf Stream Levy > Brooke, > 20-43-46-03-13-000-0050; 355 Old School Road, paid up front but has > paid two years of tax assessments. The Town needs to refund them the > amount they paid, plus interest. (Why they paid the yearly assessment > amount is unknown). > 20-43-46-03-13-000-0060; 335 Old School Road, did not pay up front and > has not been making yearly assessment payments as the assessment did > not appear on their tax bill. The correct yearly assessment payment > should be added to the new tax roll. The Town will contact the owner > for reimbursement of the previous two year's assessment amounts > without interest. > Please calculate, if you agree, the appropriate interest to be refunded. > Bill > From: Brooke Cupell [mailto:cupelb@willdan.com] > Sent: Tuesday, May 27, 2014 10:52 AM > To: Bill Thrasher > Subject: RE: Gulf Stream Levy > Good morning Bill, > I have not submitted the tax roll yet, so we still have time to correct. > What are the parcel numbers? > Thank you, > Brooke Cupell > Senior Project Analyst > Willdan Financial Services > Celebrating 50 years of service > 1440 East Missouri Avenue, Suite 0170 > Phoenix, Arizona 85014 > T. 602.395.7541 > F. 951.587.3510 2 > From: Bill Thrasher [mailto:bthrasher@gulf-stream.org] > Sent: Tuesday, May 27, 2014 6:48 AM > To: Brooke Cupell > Subject: RE: Gulf Stream Levy > It has been brought to our attention this morning that there is an > error on the tax roll. Is it too late to correct? One property was > marked paid and it should not have been. Another property was marked > as unpaid and made two years assessment payments. We need to refund > two years payments plus interest to the property owner as they have sold their home. > From: Brooke Cupell [mailto:cupelb@willdan.com] > Sent: Wednesday, May 14, 2014 2:42 PM > To: Bill Thrasher > Cc: Susan Schoettle; Rita Taylor > Subject: Gulf Stream Levy > Importance: High > Hi Bill, > Please find the attached FY1415 Gulf Stream levy for your approval. > Please advise if you have any questions or changes. Once you approve, > please let me know and I will submit the levy to the County. > Thank you, > Brooke Cupell > Senior Project Analyst > Willdan Financial Services > Celebrating 50 years of service > 1440 East Missouri Avenue, Suite 0170 > Phoenix, Arizona 85014 > T. 602.395.7541 > F. 951.587.3510 Susan Schoettle-Gumm, PLLC 18099 Deer Prairie Drive Sarasota, FL 34240 Office 941-377-4948 J Renee Basel From: Bill Thrasher <bthrasher@gulf-stream.org> Sent: Tuesday, September 03, 2013 10:15 AM To: dclark@lakeclarke.org Cc: spgumm@mailmt.com Subject: FW: I forwarded him in this email your contact information. However, if you would, could, please contact. From: Susan Schoettle [mailto:spgumm@mailmt.com] Sent: Tuesday, September 03, 2013 10:04 AM To: Bill Thrasher Subject: RE: Bill - Thank you very much. Did you give him my name and contact information or should I try to contact him? Susan Susan Schoettle-Gumm, PLLC Attorney and Counselor at Law 18ogg Deer Prairie Drive Sarasota, FL 34240 Office 941-377-4948 Cell 941-320-3054 From: Bill Thrasher [mailto:bthrasher(clgulf-stream.org] Sent: Tuesday, September 03, 2013 9:43 AM To: spgumm@)mailmt.com Cc: dclarkCalakeclarke.org Subject: Susan, The Town Administrator of Lake Clarke Shores, Palm Beach County, is working on a potential special assessment project for a new service main. He asked me who the Town used during our process and asked if I were happy and satisfied. Thus this email to you to see if you might be interested in working with him on a similar project as GS. Hope all is well. William H. Thrasher, ICMA-CM, CGFO, CGFM Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Office 561.276.5116 1 Fax 561.737.0188 Direct e-mail: bthrasher(a)gulf-stream.org Renee Basel From: Bill Thrasher <bthrasher@gulf-stream.org> Sent: Monday, September 16, 2013 3:09 PM To: spgumm@mailmt.com Did you get the letterhead copy? William H. Thrasher, ICMA-CM, CGFO, CGFM Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Office 561.276.5116 I Fax 561.737.0188 Direct e-mail: bthrasher()gulf-stream.orq Renee Basel From: Brooke Cupell <cupelb@willdan.com> Sent: Wednesday, June 04, 2014 2:54 PM To: spgumm@mailmt.com Subject: RE: FW: Gulf Stream Levy I am going to check with the county to see if we can put the prior two years on the tax bill and if not we can send out the bills on our end. -----Original Message --- From: spgumm@mailmt.com [mailto:spgumm@mailmt.com] Sent: Tuesday, June 03, 2014 1:42 PM To: Brooke Cupell Subject: RE: FW: Gulf Stream Levy OK. So, he only wants to bill for the one year on this year's tax bill? > Hi Susan, > Bill said the Town is going to contact the property owner for payment. > Brooke Cupell > Senior Project Analyst > Willdan Financial Services > Celebrating 50 years of service > 1440 East Missouri Avenue, Suite 0170 > Phoenix, Arizona 85014 > T. 602.395.7541 > F. 951.587.3510 >----Original Message----- > From: spgumm@mailmt.com [mailto:spgumm@mailmt.com] > Sent: Tuesday, June 03, 2014 11:59 AM > To: Brooke Cupell > Subject: Re: FW: Gulf Stream Levy > Hi Brooke - There is still the issue of back billing on the parcel > that was omitted in error. What is Bill doing on that? Thanks, Susan >> Hi Susan, >> In follow up to our conversation last week. I spoke to Bill and the >> property owner requested that they be paid interest on the amount >> they paid. Bill agreed to pay it so that there would not be an >> issue. So, I will not need you to look into this any further. >> Thank you, >> Brooke Cupell >> Senior Project Analyst >> Willdan Financial Services >> Celebrating 50 years of service >> 1440 East Missouri Avenue, Suite 0170 Phoenix, Arizona 85014 T. >> 602.395.7541 F. 951.587.3510 >> From: Bill Thrasher [mailto:bthrasher@gulf-stream.org] >> Sent: Tuesday, May 27, 2014 9:16 AM >> To: Brooke Cupell >> Subject: RE: Gulf Stream Levy >> Brooke, >> 20-43-46-03-13-000-0050; 355 Old School Road, paid up front but has >> paid two years of tax assessments. The Town needs to refund them the >> amount they paid, plus interest. (Why they paid the yearly >> assessment amount is unknown). >> 20-43-46-03-13-000-0060; 335 Old School Road, did not pay up front >> and has not been making yearly assessment payments as the assessment >> did not appear on their tax bill. The correct yearly assessment >> payment should be added to the new tax roll. The Town will contact >> the owner for reimbursement of the previous two year's assessment >> amounts without interest. >> Please calculate, if you agree, the appropriate interest to be refunded. >> Bill >> From: Brooke Cupell [mailto:cupelb@wilIda n.coml >> Sent: Tuesday, May 27, 2014 10:52 AM >>To: Bill Thrasher >> Subject: RE: Gulf Stream Levy >> Good morning Bill, >> I have not submitted the tax roll yet, so we still have time to correct. >> What are the parcel numbers? >> Thank you, >> Brooke Cupell >> Senior Project Analyst >> Willdan Financial Services >> Celebrating 50 years of service >> 1440 East Missouri Avenue, Suite 0170 Phoenix, Arizona 85014 T. >> 602.395.7541 F. 951.587.3510 >> From: Bill Thrasher [mailto:bthrasher@gulf-stream.org] >> Sent: Tuesday, May 27, 2014 6:48 AM >> To: Brooke Cupell >> Subject: RE: Gulf Stream Levy >> It has been brought to our attention this morning that there is an >> error on the tax roll. Is it too late to correct? One property was >> marked paid and it should not have been. Another property was marked >> as unpaid and made two years assessment payments. We need to refund >> two years payments plus interest to the property owner as they have >> sold their home. >> From: Brooke Cupell [mailto:cupelb@willdan.com] >> Sent: Wednesday, May 14, 2014 2:42 PM >>To: Bill Thrasher >> Cc: Susan Schoettle; Rita Taylor >> Subject: Gulf Stream Levy >> Importance: High >> Hi Bill, >> Please find the attached FY1415 Gulf Stream levy for your approval. >> Please advise if you have any questions or changes. Once you >> approve, please let me know and I will submit the levy to the County. >> Thank you, >> Brooke Cupell >> Senior Project Analyst >> Willdan Financial Services >> Celebrating 50 years of service >> 1440 East Missouri Avenue, Suite C170 Phoenix, Arizona 85014 T. >> 602.395.7541 F. 951.587.3510 3 Renee Basel From: Brooke Cupell <bcupell@willdan.com> Sent: Monday, September 09, 2013 11:25 AM To: Bill Thrasher, Rita Taylor Cc: Susan Schoettle Subject: RE: Town of Gulf Stream '— Is this good to go? Thank you, NVWILLDAN Financial Services Brooke Cupell Senior Project Analyst Willdan Financial Services 1440 East Missouri Avenue. Suite C170 Phoenix, Arizona 85014 602.395.7541 951.587.3510 (Fax) From: Bill Thrasher [mailto:bthrasher@gulf-stream.org] Sent: Thursday, August 29, 2013 10:10 AM To: Brooke Cupell; Rita Taylor Cc: Susan Schoettle Subject: RE: Town of Gulf Stream Great and thanks. From: Brooke Cupell [mailto:bcupellcalwilldan.coml Sent: Thursday, August 29, 2013 1:08 PM To: Bill Thrasher; Rita Taylor Cc: Susan Schoettle Subject: Town of Gulf Stream Importance: High Hello Bill and Rita, Attached is the FY1314 Final Roll to be submitted to the County. The only change between the preliminary roll and the final roll is the removal of parcel 20434534290000040 and the addition of parcel 20434534290000010. According to Kelly Avery, Town of Gulf Stream, parcel 20434534290000040 prepaid their assessment and a correction was submitted last year to the County. Please let me know if you have any questions. If you do not, please send me your approval to submit the roll to the County. Thank you, Renee Basel From: Bill Thrasher <bthrasher@gulf-stream.org> Sent: Thursday, October 10, 2013 4:52 PM To: spgumm@mailmt.com Subject: Public Hearing - Marci Nolen We have not heard from Marci since the last meeting. Have you. What should I tell the Commission tomorrow of the status of her request? Renee Basel From: Brooke Cupell <cupelb@willdan.com> Sent: Tuesday, May 27, 2014 1:08 PM To: Susan Schoettle Subject: FW: Gulf Stream Levy From: Bill Thrasher [mailto:bthrasher@gulf-stream.org] Sent: Tuesday, May 27, 2014 9:16 AM To: Brooke Cupell Subject: RE: Gulf Stream Levy Brooke, 20-43-46-03-13-000-0050; 355 Old School Road, paid up front but has paid two years of tax assessments. The Town needs to refund them the amount they paid, plus interest. (Why they paid the yearly assessment amount is unknown). 20-43-46-03-13-000-0060; 335 Old School Road, did not pay up front and has not been making yearly assessment payments as the assessment did not appear on their tax bill. The correct yearly assessment payment should be added to the new tax roll. The Town will contact the owner for reimbursement of the previous two year's assessment amounts without interest. Please calculate, if you agree, the appropriate interest to be refunded. JIM From: Brooke Cupell (mailto:cuoelbPwilldan.coml Sent: Tuesday, May 27, 2014 10:52 AM To: Bill Thrasher Subject: RE: Gulf Stream Levy Good morning Bill, I have not submitted the tax roll yet, so we still have time to correct. What are the parcel numbers? Thank you, Brooke Cupell Senior Project Analyst Willdan Financial Services Celebrating 50 years of service 1440 East Missouri Avenue. Suite C170 Phoenix, Arizona 85014 T. 602.395.7541 F. 951.587.3510 From: Bill Thrasherrmaiito:bthrasherCalaulf-stream.ora Sent: Tuesday, May 27, 2014 6:48 AM To: Brooke Cupell Subject: RE: Gulf Stream Levy It has been brought to our attention this morning that there is an error on the tax roll. Is it too late to correct? One property was marked paid and it should not have been. Another property was marked as unpaid and made two years assessment payments. We need to refund two years payments plus interest to the property owner as they have sold their home. From: Brooke Cupell [mailto:cuoelbCa9willdan.coml Sent: Wednesday, May 14, 2014 2:42 PM To: Bill Thrasher Cc: Susan Schoettle; Rita Taylor Subject: Gulf Stream Levy Importance: High Hi Bill, Please find the attached FY1415 Gulf Stream levy for your approval. Please advise if you have any questions or changes. Once you approve, please let me know and I will submit the levy to the County. Thank you, Brooke Cupell Senior Project Analyst Willdan Financial Services Celebrating 50 years of service 1440 East Missouri Avenue, Suite C170 Phoenix, Arizona 85014 T. 602.395.7541 F. 951.587.3510 Renee Base[ From: Brooke Cupell <cupelb@willdan.com> Sent: Wednesday, June 04, 2014 3:44 PM To: spgumm@mailmt.com Subject: RE: FW: Gulf Stream Levy Yes, Bill was okay with it. I am confirming with the County. It appears per the statutes that you can as long as it is within 3 years. The total amount due for this year (including prior two years) would be $3,805.89. Once I hear back from the County, I will verify again with Bill. ----Original Message ----- From: spgumm@mailmt.com [mailto:spgumm@mailmt.com] Sent: Wednesday, June 04,2014 12:33 PM To: Brooke Cupell Subject: RE: FW: Gulf Stream Levy You should be able to (definitely at least one year back). Did you check with Bill that he is OK with that? If it is a large sum, the property owner could be faced with having to pay all of it at once because you cannot make partial payments on your tax bill. > I am going to check with the county to see if we can put the prior two > years on the tax bill and if not we can send out the bills on our end. >----Original Message----- > From: spgumm@mailmt.com [mailto:spgumm@mailmt.com] > Sent: Tuesday, June 03, 2014 1:42 PM > To: Brooke Cupell > Subject: RE: FW: Gulf Stream Levy > OK. So, he only wants to bill for the one year on this year's tax bill? >> Hi Susan, >> Bill said the Town is going to contact the property owner for payment. >> Brooke Cupell >> Senior Project Analyst >> Willdan Financial Services >> Celebrating 50 years of service >> 1440 East Missouri Avenue, Suite C170 Phoenix, Arizona 85014 T. >> 602.395.7541 F. 951.587.3510 >>----Original Message---- >> From: spgumm@mailmt.com [mailto:spgumm@mailmt.com] >> Sent: Tuesday, June 03, 2014 11:59 AM >> To: Brooke Cupell >> Subject: Re: FW: Gulf Stream Levy >> Hi Brooke - There is still the issue of back billing on the parcel >> that was omitted in error. What is Bill doing on that? Thanks, >> Susan >>> Hi Susan, >>> In follow up to our conversation last week. I spoke to Bill and the >>> property owner requested that they be paid interest on the amount >>> they paid. Bill agreed to pay it so that there would not be an >>> issue. So, I will not need you to look into this any further. >>> Thank you, >>> Brooke Cupell >>> Senior Project Analyst >>> Willdan Financial Services >>> Celebrating 50 years of service >>> 1440 East Missouri Avenue, Suite 0170 Phoenix, Arizona 85014 T. >>> 602.395.7541 F. 951.587.3510 >>> From: Bill Thrasher [mailto:bthrasher@gulf-stream.org] >>> Sent: Tuesday, May 27, 2014 9:16 AM >>> To: Brooke Cupell >>> Subject: RE: Gulf Stream Levy >>> Brooke, >>> 20-43-46-03-13-000-0050; 355 Old School Road, paid up front but has >>> paid two years of tax assessments. The Town needs to refund them >>> the amount they paid, plus interest. (Why they paid the yearly >>> assessment amount is unknown). >>> 20-43-46-03-13-000-0060; 335 Old School Road, did not pay up front >>> and has not been making yearly assessment payments as the assessment >>> did not appear on their tax bill. The correct yearly assessment >>> payment should be added to the new tax roll. The Town will contact >>> the owner for reimbursement of the previous two year's assessment >>> amounts without interest. >>> Please calculate, if you agree, the appropriate interest to be >>> refunded. >>> Bill >>> From: Brooke Cupell [mailto:cupelb@willdan.com] >>> Sent: Tuesday, May 27, 2014 10:52 AM >>> To: Bill Thrasher >>> Subject: RE: Gulf Stream Levy >>> Good morning Bill, >>> I have not submitted the tax roll yet, so we still have time to >>> correct. >>> What are the parcel numbers? >>> Thank you, >>> Brooke Cupell >>> Senior Project Analyst >>> Willdan Financial Services >>> Celebrating 50 years of service >>> 1440 East Missouri Avenue, Suite C170 Phoenix, Arizona 85014 T. >>> 602.395.7541 F. 951.587.3510 >>> From: Bill Thrasher [mailto:bthrasher@gulf-stream.org] >>> Sent: Tuesday, May 27, 2014 6:48 AM >>> To: Brooke Cupell >>> Subject: RE: Gulf Stream Levy >>> It has been brought to our attention this morning that there is an >>> error on the tax roll. Is it too late to correct? One property was >>> marked paid and it should not have been. Another property was >>> marked as unpaid and made two years assessment payments. We need to >>> refund two years payments plus interest to the property owner as >>> they have sold their home. >>> From: Brooke Cupell [mailto:cupelb@willdan.com] >>> Sent: Wednesday, May 14, 2014 2:42 PM >>> To: Bill Thrasher >>> Cc: Susan Schoettle; Rita Taylor >>> Subject: Gulf Stream Levy >>> Importance: High >>> Hi Bill, >>> Please find the attached FY1415 Gulf Stream levy for your approval. >>> Please advise if you have any questions or changes. Once you >>> approve, please let me know and I will submit the levy to the County. >>> Thank you, 3 >>> Brooke Cupell >>> Senior Project Analyst >>> Willclan Financial Services >>> Celebrating 50 years of service >>> 1440 East Missouri Avenue, Suite 0170 Phoenix, Arizona 85014 T. >>> 602.395.7541 F. 951.587.3510 >> Susan Schoettle-Gumm, PLLC >> 18099 Deer Prairie Drive >> Sarasota, FL 34240 >> Office 941-377-4948 >> Mobile 941-320-3054 > Susan Schoettle-Gumm, PLLC > 18099 Deer Prairie Drive > Sarasota, FL 34240 > Office 941-377-4948 > Mobile 941-320-3054 Susan Schoettle-Gumm, PLLC 18099 Deer Prairie Drive Sarasota, FL 34240 Office 941-377-4948 Mobile 941-320-3054 4 Renee Basel From: Brooke Cupell <bcupell@willdan.com> Sent: Tuesday, September 10, 2013 9:24 AM To: Bill Thrasher; Rita Taylor Cc: Susan Schoettle Subject: RE: Town of Gulf Stream Attachments: FY1314 Gulf Stream Certificate 408A to Town.pdf Importance: High Good morning Bill, I submitted the levy to the County yesterday. We also need to submit the attached form by this Friday. I filled in the necessary fields. Please sign and mail to the following address: Kristina Gulick Performance Analyst I Tax Services 301 N. Olive Avenue, 3rd Floor, West Palm Beach, FL 33401 In addition, please email me a signed copy so I can email a copy to Kristina as well as have one for our files. Please let me know if you have any questions. Thank you, W"'WI LLDAN Financial Services Brooke Cupell Senior Project Analyst Willdan Financial Services 1440 East Missouri Avenue, Suite C170 Phoenix. Arizona 85014 602.395.7541 951.587.3510 (Fax) From: Bill Thrasher [mailto:bthrasher@gulf-stream.org] Sent: Monday, September 09, 2013 8:27 AM To: Brooke Cupell Subject: RE: Town of Gulf Stream Yes. Thanks From: Brooke Cupell [mailto:bcupellCabwilldan.coml Sent: Monday, September 09, 2013 11:25 AM To: Bill Thrasher; Rita Taylor Cc: Susan Schoettle Subject: RE: Town of Gulf Stream Hi Bill, Is this good to go? Thank you, ,WWILLDAN Financial Services Brooke Cupell Senior Project Analyst Willdan Financial Services 1440 East Missouri Avenue. Suite C170 Phoenix, Arizona 85014 602.395.7541 951.587.3510 (Fax) From: Bill Thrasher [mailto:bthrasher(c oulf-stream.oral Sent: Thursday, August 29, 2013 10:10 AM To: Brooke Cupell; Rita Taylor Cc: Susan Schoettle Subject: RE: Town of Gulf Stream Great and thanks. From: Brooke Cupell rmailto:bcupellCabwilldan.coml Sent: Thursday, August 29, 2013 1:08 PM To: Bill Thrasher; Rita Taylor Cc: Susan Schoettle Subject: Town of Gulf Stream Importance: High Hello Bill and Rita, Attached is the FY1314 Final Roll to be submitted to the County. The only change between the preliminary roll and the final roll is the removal of parcel 20434534290000040 and the addition of parcel 20434534290000010. According to Kelly Avery, Town of Gulf Stream, parcel 20434534290000040 prepaid their assessment and a correction was submitted last year to the County. Please let me know if you have any questions. If you do not, please send me your approval to submit the roll to the County. Thank you, ,WWI LLDAN Financial Services Brooke Cupell Senior Project Analyst Willdan Financial Services 1440 East Missouri Avenue, Suite C170 Phoenix, Arizona 85014 602.395.7541 951.587.3510 (Fax) Renee Basel From: Randolph, John C. <JRandolph@jonesfoster.com> Sent: Tuesday, October 29, 2013 9:10 AM To: Nolan, Marcie Oppenheimer Cc: Bill Thrasher, spgumm@mailmt.com Subject: RE: update on the Gammon Special Assessment Marci, Thank you for copying me on your email to Susan, dated October 24, 2013. 1 am not sure what good it will do to set up a meeting to further discuss this issue. It is my understanding, at this point in the process, this matter is complete and cannot be reversed. JOHN C. RANDOLPH John C. Randolph Attorney Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 jrandolph@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 1 http://www.jonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may 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. -----Original Message ---- From: Nolan, Marcie Oppenheimer [mailto:MNolan@bplegal.com] Sent: Thursday, October 24, 2013 4:03 PM To: 'spgumm@mailmt.com' Cc: Randolph, John C. Subject: RE: update on the Gammon Special Assessment I may have not stated myself clearly, I apologize. When we spoke I focused on the key fact that Margo Stahl and Jim Gammon came into Town Hall the day the parcels were combined, May 11th and provided a copy of the combined folios to Rita, in her official capacity as Town Clerk and asked her to make sure that the assessment reflected this new information. This was not done. I thought that you were going to ask Rita if she remembers taking in the document in question and what she did with it. I understand you are not in town hall so reaching her may be difficult. If you think it would be best, I will set up a meeting with the Town on this issue and see why the information was not provided to the consultant. Sincerely, Marcie Marcie Oppenheimer Nolan Attorney at Law Becker & Poliakoff, P.A. Emerald Lake Corporate Park 13111 Stirling Road I Fort Lauderdale, FL 33312-6525 Tel: 954.985.4135 ) Fax: 954.985.6814 1 MNolan@bplegal.com http://www.bplegal.com Visit http://www.p3exchange.com today! -----Original Message ----- From: spgumm@mailmt.com [mailto:spgumm@mailmt.com] Sent: Sunday, October 20, 2013 9:58 PM To: Nolan, Marcie Oppenheimer Cc: Randolph, John C. (JRandolph@jonesfoster.com) Subject: Re: update on the Gammon Special Assessment Marcie - In our last phone conversation, I stated that I had not seen any documents nor heard any facts from you that changed the opinion I provided in my July 29, 2013 letter to your colleague, Mr. Espino. I am attaching a copy of that letter. You asked me what the Gammons could do regarding a Town hearing on the annual budget and millage levy that they were unable to attend as it was on a Jewish holiday. I stated that they could, as always, send a written statement to the Town. I obtained a copy of the letter you submitted on behalf of the Gammons from the Town. You requested a hearing for the Gammons on the utility undergrounding assessments levied on their property. I have since told the Town Manager that I know of no requirement for the Town to provide a hearing at this time on this matter. I am not aware of any action being considered by the Town regarding the Gammon's concerns about their utility undergrounding assessments. Sincerely, Susan Schoettle-Gumm Susan Schoettle-Gumm, PLLC 18099 Deer Prairie Drive Sarasota, FL 34240 Office 941-377-4948 Mobile 941-320-3054 > Hello Skip and Susan, > I hope all is well. When last we spoke Susan was going to call over > to the Town and speak with Mr. Thrasher and Rita on whether or not > they received the Gammons combined folio paperwork before the final hearing > They have stated that they gave it to Rita and spoke with her about > the fact the assessment would now be reflected to be one unit, not > three. I know Susan has other issues, but obviously there is a > fairness issue here as well. > Please let me know how this is going. > They are really good people who tried to do the right thing. > Sincerely, > Marcie > [Becker & Poliakoffj<http://www.becker-poliakoff.com/> > Marcie Oppenheimer Nolan > Attorney at Law > Emerald Lake Corporate Park > 3111 Stirling Road > Fort Lauderdale, FL 33312-6525 > 954.985.4135 Phone > 954.985.6814 Fax > MNolan@bplegal.com<mailto:M Nolan @bplegal.com> > http://www.bplegal.com<http:Hwww.bplegal.com> > http://www.p3exchange.com > Our clients' total satisfaction is our #1 priority. The Becker & > Poliakoff Client CARE Center is available for questions, concerns and > suggestions. Please contact us at 954.364.6090 or via email at > CARE@bplegal.com<http://>. 3 Renee Basel From: Brooke Cupell <cupelb@willdan.com> Sent: Tuesday, June 03, 2014 12:56 PM To: Susan Schoettle Subject: FW: Gulf Stream Levy Hi Susan, In follow up to our conversation last week. I spoke to Bill and the property owner requested that they be paid interest on the amount they paid. Bill agreed to pay it so that there would not be an issue. So, I will not need you to look into this any further. Thank you, Brooke Cupell Senior Project Analyst Willdan Financial Services Celebrating 50 years of service 1440 East Missouri Avenue. Suite C170 Phoenix. Arizona 85014 T. 602.395.7541 F. 951.587.3510 From: Bill Thrasher[mailto:bthrasher(agulf-stream.oral Sent: Tuesday, May 27, 2014 9:16 AM To: Brooke Cupell Subject: RE: Gulf Stream Levy Brooke, 20-43-46-03-13-000-0050; 355 Old School Road, paid up front but has paid two years of tax assessments. The Town needs to refund them the amount they paid, plus interest. (Why they paid the yearly assessment amount is unknown[. 20-43-46-03-13-000-0060; 335 Old School Road, did not pay up front and has not been making yearly assessment payments as the assessment did not appear on their tax bill. The correct yearly assessment payment should be added to the new tax roll. The Town will contact the owner for reimbursement of the previous two year's assessment amounts without interest. Please calculate, if you agree, the appropriate interest to be refunded. MH From: Brooke Cupell [mailto:cuoelbCawilldan.coml Sent: Tuesday, May 27, 2014 10:52 AM To: Bill Thrasher Subject: RE: Gulf Stream Levy Good morning Bill, I have not submitted the tax roll yet, so we still have time to correct. What are the parcel numbers? Thank you, Brooke Cupell Senior Project Analyst Willdan Financial Services Celebrating 50 years of service 1440 East Missouri Avenue, Suite C170 Phoenix. Arizona 85014 T. 602.395.7541 F. 951.587.3510 From: Bill Thrasher [mailto:bthrasherCabgulf-stream.oral Sent: Tuesday, May 27, 2014 6:48 AM To: Brooke Cupell Subject: RE: Gulf Stream Levy It has been brought to our attention this morning that there is an error on the tax roll. Is it too late to correct? One property was marked paid and it should not have been. Another property was marked as unpaid and made two years assessment payments. We need to refund two years payments plus interest to the property owner as they have sold their home. From: Brooke Cupell [mailto:cuoelb@willdan.coml Sent: Wednesday, May 14, 2014 2:42 PM To: Bill Thrasher Cc: Susan Schoettle; Rita Taylor Subject: Gulf Stream Levy Importance: High '— Please find the attached FY1415 Gulf Stream levy for your approval. Please advise if you have any questions or changes. Once you approve, please let me know and I will submit the levy to the County. Thank you, Brooke Cupell Senior Project Analyst Willdan Financial Services Celebrating 50 years of service 1440 East Missouri Avenue, Suite C170 Phoenix, Arizona 85014 T. 602.395.7541 F. 951.587.3510 Renee Basel From: Nolan, Marcie Oppenheimer <MNolan@becker-poliakoff.com> Sent: Wednesday, June 26, 2013 8:39 AM To: 'spgumm@mailmt.com' Cc: jrandolph@jones-foster.com' Subject: Gulfstream Special assessment Susan, I hope this email finds you well. I just spoke with Skip Randolph regarding a letter we sent to the Town on behalf of Jim and Margo Gannon regarding their special assessment amount. He mentioned it had been sent over to you as special counsel on this assessment. Please let me know if you have had time to review the matter. Please let me know if you have any questions. Sincerely, Marcie Nolan Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CAREE becker- Poliakoff.com. Renee Basel From: Sent: To: Subject: Attachments: Good morning Susan, Brooke Cupell <cupelb@willdan.com> Monday, July 01, 2013 9:24 AM Susan Schoettle RE: Parcel splits in Gulf Stream hidden harbour PL2.pdf Got to love computers!! @ Please find the map attached. Thank you, /WILLDAN Financial Services Brooke Cupell Senior Project Analyst Willdan Financial Services 1440 East Missouri Avenue, Suite C170 Phoenix, Arizona 85014 602.395.7541 951.587.3510 (Fax) From: Susan Schoettle [mailto:spgumm@mailmt.com] Sent: Sunday, June 30, 2013 10:39 AM To: Brooke Cupell Subject: RE: Parcel splits in Gulf Stream Hi Brooke - I had a major meltdown with my computer last week and am just getting back up and running. Still struggling a bit with access to my old emails. Could you send the map again in case I am not successful with accessing it? I will get back to you as soon as possible on Monday after I see the map again. Sorry for the delay — it is amazing how things grind to a halt with a technological glitch. Thanks, Susan From: Brooke Cupell [mailto:cunelbCa.willdan.coml Sent: Thursday, June 27, 2013 12:24 PM To: Susan Schoettle-Gumm Subject: RE: Parcel splits in Gulf Stream Hi Susan, Have you gotten a chance to look at the new map? Thank you, ,WWI LLDAN Financial Services Brooke Cupell Senior Project Analyst Willdan Financial Services 1440 East Missouri Avenue, Suite C170 Phoenix, Arizona 85014 602.395.7541 951.587.3510 (Fax) From: Susan Schoettle-Gumm [mailto:spgumm(@,mailmt.com Sent: Tuesday, June 18, 2013 2:19 PM To: Brooke Cupell Subject: RE: Parcel splits in Gulf Stream Thanks. Danny just emailed me the same thing. I appreciate it. Susan From: Brooke Cupell [mailto:bcunellOmwilldan.coml Sent: Tuesday, June 18, 2013 5:16 PM To: Susan Schoettle-Gumm Subject: RE: Parcel splits in Gulf Stream Susan, this is what I was able to obtain. From: Susan Schoettle-Gumm [mailto:sneumm(&mailmt.coml Sent: Tuesday, June 18, 2013 1:02 PM To: dbramon(&,bneenaineers.com Cc: Brooke Cupell; 'Bill Thrasher' Subject: Parcel splits in Gulf Stream Danny - In our phone call last week, you said you would email a drawing or file showing the lots that the parcels in Gulf Stream are being split into. One parcel is splitting into 6 lots. I have not received anything from you yet. Please let me know when to expect the file. Does it show the acreage of the new lots? Thanks, Susan Susan Schoettle-Gumm, PLLC Attorney & Counselor -at -Law Office 941-377-4948 Cell 941-320-3054 Email speummna,mailmt.com 18099 Deer Prairie Drive, Sarasota, FL 32420 This message, together with any attachments, is intended only for the addressee. It may contain information which is legally privileged, confidential and exempt form disclosure. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone (941-3774948) or by return e-mail and delete the message, along with any attachments. Renee Basel From: Randolph, John C. <JRandolph@jonesfoster.com> Sent: Friday, July 05, 2013 1:53 PM To: Susan Schoettle-Gumm Subject: FW: Gulfstream Special assessment Please see attached. Call me if you need to talk about this. Otherwise, please contact Marcie Nolan. Thank you. John C. Randolph Attorney Direct Dial: 561.650.0458 1 Fax: 561.650.5300 I jrandolph, ionesfoster.com Flagler Center'Ibwer, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails arc filtered which may delay receipt. 11his email is personal to the named recipient(s) and may be privileged and confidential. If �,ni are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is pruhibiu d. Please immediateh notify us by email and delete the original message. From: Nolan, Marcie Oppenheimer [mailto:MNola n@becker-poliakoff.com] Sent: Friday, July 05, 2013 1:45 PM To: Randolph, John C. Subject: RE: Gulfstream Special assessment Skip, Happy day after the 4" I have not heard from Susan. Have you? Thanks. Marcie Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CAREColbecker- poliakoff.com. From: Randolph, John C. [mailto:JRandolph@jonesfoster.com] Sent: Tuesday, June 25, 2013 11:20 AM To: Nolan, Marcie Oppenheimer Subject: RE: Gulfstream Special assessment Susan Schoettle-Gumm spgumm(aDmailmt.com Sally JONES FOSTER -..-.--- )011 %S 1 ON N S I Gt1R1. ItA Sally Matias Secretary to John C. Randolph and 11. Michael Easley Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 smatias 'onesfoster.eom Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flaglcr Drive, Suite 1100, West Palm Beach, Florida 33+01 561-659-3000 1 www.jonesfoster.com C.S. Treasury Rcgulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties drat may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, con 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: Nolan, Marcie Oppenheimer fmailto:MNolan(albecker-poliakoff.coml Sent: Tuesday, June 25, 2013 10:56 AM To: Randolph, John C. Subject: FW: Gulfstream Special assessment FYI — it bounced back as a bad email address. Do you have another one for Susan. Thanks, Marcie Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE(olbecker- ooliakoff.com. From: Nolan, Marcie Oppenheimer Sent: Tuesday, June 25, 2013 10:54 AM To: 'spgumm@mindspring.com' Cc: Espino, Daniel; 'jrandolph@jones-foster.com' Subject: Gulfstream Special assessment Susan, I hope this email finds you well. I just spoke with Skip Randolph regarding a letter we sent to the Town on behalf of Jim and Margo Gannon regarding their special assessment amount. He mentioned it had been sent over to you as special counsel on this assessment. Please let me know if you have had time to review the matter. Please let me know if you have any questions. Sincerely, Marcie Nolan 'DEN HARBOUR ESTATES PLAT TWO SFY C A RER.AT LOTS 4, 5 AM 6, GIXF CaASE AOA'TUN ACCO4OW TO 7}E RAT VfWOF AS FECaV0 N RAT BOOK n PAGE 75 TPBCPR) AAV TRACT A, h VaW HARBCLR ESTATE'$ ACCGTAG TO 7W RAT T)EFEOF AS C07DED N FLAT BOCK J6, PAGE Tp (PBCP' ALL EEAC V _VCROV 9, TOW 4W 46 SOUTH RAAGE 43 EAST, TOWN CF GIL.F STREAµ PALM BEACH CO NTY, FL"A ARS = S l/f ] r.YM".v .. 'nom n.ima"vmRIK'A V =� �y N004 -70i mp »"vaan �rovroemm,vu ro AWFINlAZHNf mqy a� w�ni>1Ri. Lml.:n m, sF ro.ev A-aObu,.yls.3 i ai"ice{�ii �i M1ra�.'Tiv �^iwqu errt .i.' m ". r mm�d 4 wwi•yMuvgii. v"o r�imu SRrEVDiS QFfF,IA�rE� rzxxrc suxrars srAmwr: cinw,r Wa I HIDDEN HARBOUR ESTATES PLAT TWO I-lu 31rE 7 � A REFLAT LOTS 4, 5 AW 6, GOLF CCIRSE ADVITIM ACCOgAG TO THE FLAT THERELF AS RECORDED pV FCAT BLL7( A7, PAGE 75 (ryp9CPR.)) AAD TRACT A. Ha£N H4R9OLR ESTATES yr •m++.. ACL697hG TO THE FLAT THEREO' AS !¢CORDED 6V FLAT BOCK -'A PA11D (PBCP )A ALL ..>„ aMC N SEC7/OV 9. TOM04P 46 SCUTH RAAGE 43 EAST, TOWN OF O.CF STREAA( PPALM LEACH CO-NTY, FLORIDA„C�.^.ry.4..M snrto66r ws'0r AME IOP I �•u. ua.m°i�ii�nrur � _�• *CLUM 5L 09X (FLAr eop 25, PA6E 67 or . _. _--------- -------for I------ _ z I µ.•e6 t® L o r a I I d mmrz d �8F �' elpcwu� A,I L o r a t9 j I $@{IlfB �. LG® e=971'�I'� `® nor . b �c9L�dd— ----- r,9' iar Renee Basel From: Brooke Cupell <bcupell@willdan.com> Sent: Monday, July 08, 2013 3:11 PM To: Susan Schoettle Subject: Gulf Stream Hi Susan, Below are the email addresses you requested. bthrasher@gulf-stream.ore DBrannon@BnGEngineers.com Thanks, Brooke Renee Basel From: mark raymond <mark.raymond@mraymondlaw.com> Sent: Tuesday, July 09, 2013 11:47 AM To: 'Susan Schoettle' Subject: RE: Gulf Stream Undergrounding Assessments Attachments: gulf stream final judgment.pdf Mark E. Raymond 4360 Northlake Boulevard Suite 204 Palm Beach Gardens, FL 33410 Tel.: 561-775-8440 Fax: 561-775-8442 Cell: 561-758-0930 Email: mark.raymond@mraymondlaw.com website: www.mraymondlaw.com From: Susan Schoettle [mailto:spgumm@mailmt.com] Sent: Tuesday, July 09, 2013 11:12 AM To: mark.raymond@mraymondlaw.com Subject: Gulf Stream Undergrounding Assessments Mark - In responding to a question from Gulf Stream, I realized I cannot locate the final orderfrom the bond validation on the undergrounding assessment for the Town of Gulf Stream. Rita Taylor at the Town has also not been able to locate the document. Would you please email it to me? Thanks for your assistance. Sincerely, Susan Schoettle Susan Schoettle-Gumm, PLLC Attorney and Counselor at Law 18ogg Deer Prairie Drive Sarasota, FL 34240 Office 941-377-4948 Cell 941-320-3054 Renee Basel From: Brooke Cupell <bcupell@willdan.com> Sent: Monday, July 15, 2013 10:23 AM To: Susan Schoettle Subject: Gulf Stream Importance: High Good morning Susan, I just wanted to check with you regarding your decision on the parcel change for Gulf Stream. Thank you, ,A/WI LLDAN Financial Services Brooke Cupell Senior Project Analyst Willdan Financial Services 1440 East Missouri Avenue, Suite 0170 Phoenix, Arizona 85014 602.395.7541 951.587.3510 (Fax) IN IHE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUII OF IHE STAIE OF FLORIDA, IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL. DIVISION TOWN OF GULF STREAM, FLORIDA, CASE NO.:50 2011 CA010894 XXXX MB AN Plaintiff, BOND VALIDATION vs SIATE OF FLORIDA, AND THE TAXPAYERS, PROPERTY OWNERS AND CITIZENS OF IOWN OF GULF SIREAM, FLORIDA INCLUDING NON-RESIDENTS OWNING PROPERTY OR SUBJECT IO IAXAIION THEREIN, AND ALL OTHERS HAVING OR CLAIMING ANY RIGHT, TITLE OR INIEREST IN PROPERTY TO BE AFFECTED BY THE ISSUANCE BY PLAINTIFF OF ITS PROMISSORY NOTE, Defendants FINAL dUDGMENI oN 110uE4miq c2 Aq ,?o�� d: 4•'3oe9nn Ihis matter having come before the Courtin accordance with the Order to Show Cause issued by this Court on August 26, 2011 and directed against the State of Florida, through the State Attorney ofthe Fifteenth Judicial Circuit ofF lorida, and the property owners, taxpayers and citizens of Town of Gulf'Stream, Florida (the "Iown"), including nonresidents owning property or subject to taxation therein, and all others having or claiming any right, title or interest in property to be affected by the issuance by the Iown of a promissory note in the principal amount of'not to exceed $5,497,742 00 (the "Note"), or to be affected thereby in any way, and the State Attorney for the Circuit having filed an Answer and this Court having considered the Complaint and Answer and having heard testimony and considered all evidence presented, this Court now finds as follows: 1.. This action was properly brought pursuant to Chapter 75, Florida Statutes, as amended 2 This Court has jurisdiction of the cause, including jurisdiction of the subject matter and of the parties herein involved; this is the proper forum to determine the legality and validity of the Bonds. 3. the Order to Show Cause entered by this Court on August 26, 2011, giving due and proper notice as required by law to the Defendants was duly published in the The Palm Beach Post a newspaper published and of'general circulation in Palm Beach County, once each week for two consecutive weeks, to wit on September 4, 2011 and September 11, 2011, the first publication thereof having been made at least 20 days prior to the date set for this hearing, all as required by Chapter 75, Florida Statutes, as appears fiom the affidavit andproof'ofpublication, containing atrue copy of the Order to Show Cause, made by the publisher of the The Palm Beach Post and filed in this action. 4., The Iown is a municipality of the State of'Florida. 5. On May 13, 2011, the Town Commission ofthe Town duly adopted its Resolution No. I1-09.. 4. Resolution No. 11 -09 states that: (a) the Iown Commission has determined that the Iowa should proceed with a project (the "Project") to place the electric, telephone and cable television facilities that serve the Town and its inhabitants underground (b) the nature and general location of the proposed improvements to be included in the Project are set forth in Exhibit A attached to the Resolution.. (b) the estimated cost of the Project to be paid with special assessments and the manner in which the assessments will be made is set forth in Exhibit B attached to the Resolution.. (c) The special assessments will be levied upon all lots and lands adjoining and contiguous or bounding and abutting upon such improvements or specially benefitted thereby and further designated by the assessment plat hereinafter provided for'. 5. Resolution No 11-09 called for a public hearing to be held on June 30, 2011 at 9:00 a.m. at the administrative office of the Town at 100 Sea Road, Gulf Stream, Florida 3.3483, for the purpose of heating public comments concerning the Project, the cost of the Project and the manner of payment therefore, including the amount of special assessments to be levied against property benefitted thereby. 6. On May 13, 2011, there was on file with the Town Clerk an assessment plat, showing the area to be assessed, with plans and specifications, and an estimate of the cost of the Project, which items were open to public inspection. 7. the Town Clerk caused a notice of the adoption of Resolution No.. 11-09 to be published two times in anewspaper of general circulation published in Palm Beach County, Florida. 8.. the Iown caused to be prepared a preliminary assessment roll, as promptly as possible following the adoption of Resolution No. 11-09, showing the lots and lands to be assessed and the amount of benefit to and the assessment against each lot or parcel and the number of annual installments in which the assessment is to be paid. 9. Notice of the hearing called by Resolution No, 11-09 was given to all owners of'real property located within the Town. 2 10 Notice of the hearing called by Resolution No. 11-09 was also be given by publication two times, a week apart, in a newspaper of general circulation published in Palm Beach County, Florida, the second publication being not less than one week prior to the hearing date. 11.. On June 30, 2011 at 9:00 a..m at the administrative office of the Iown at 100 Sea Road, Gulf'Sueam, Florida 33483, the Commission ofthe Town met as an "Equalization Board," conducted such public hearing and heard and considered all comments, complaints, answers to questions and information as to the matters described above, and based thereon, made such modifications in the preliminary assessment roll as it deemed desirable.. 12 On June 30, 2011, the Town Commission ofthe Town duly adopted Resolution No 13. In Resolution No. 11-11, the Town Commission of the Iown made the following findings and determinations: (a) that the estimated costs of the Project specified in Exhibit "A" to Resolution No, 11-11 are reasonable and proper; (b) that it is reasonable, proper, just and right to assess the cost of the Project against the properties specially benefitted thereby; (c) that the Project will constitute and result in special benefits to assessed properties different in kind and degree fiom benefits provided to the community as a whole; (d) that such special benefits from the Pi oject to each assessed parcel will be in excess of the amount of the non ad valorem special assessment thereon and in excess of the costs so assessed; (e) that there is a logical relationship between the systems, facilities and services provided by the Project and the special benefits to the assessed properties; (f) that special benefits provided to affected lands include by way of example and not limitation, increased reliability of the services provided by the Project, improved safety, improved aesthetics, better service fiom updated equipment, and the enhancement of use and enjoyment of the assessed parcels; (g) that the non ad valorem special assessments set forth in the attached assessment roll, as mayhave been modified, have been calculated using a methodology that fairly and reasonably apportions the Project costs among the benefitted parcels in proportion to the benefits to such parcels; 14. Pursuant to Resolution No. 11-11, the non ad valorem special assessment methodology set forth in the preliminary assessment roll previously adopted by the Town Commission was amended and replaced with the assessment methodology attached to Resolution No. I1-11 as Exhibit "A" Resolution No 11-11 provides that the non ad valorem special assessments (the "Assessments") against each respective parcel shown on the assessment roll, and interest and penalties thereon, shall be and shall remain a legal, valid and binding fust lien on the property. 15.. Resolution No.11-11 provides that when the Project has been constructed or otherwise provided to the satisfaction ofthe Town Commission, the Town Commission shall adopt a resolution accepting the same and determining the actual costs (including financing costs) thereof, as required by sections 170.08 and 170.09, Florida Statutes. The Town shall credit, to each non ad valorem special assessment for project, the difference between the non ad valorem special assessment as hereby made, approved and confirmed and the proportionate part of the actual costs of the project, as finally determined upon completion thereat but, in no event shall the final amount of any such non ad valorem special assessment exceed the amount of special and peculiar benefits originally fixed, determined, ascertained, levied, imposed and assessed hereunder. 16. Resolution No. 11-11 provides that the non ad valorem special assessments shall be payable in not less than ten not more than twentyyem ly installments, with the fust installment levied on fust notice of ad valorem taxes and assessments following the borrowing of funds by the Town. The special assessments shall bear interest at a not to exceed rate of 10% per annum over the term of the financing obtained by the Town, commencing on the date on which the Town first borrows funds to pay the cost of the Project, and will include annual costs related to administration and collection not to exceed 5%.. 17 ResolutjonNo.ll-IIprovidesthatnotwithstandingtheprovisionsof'Section170,09, Florida Statutes, pursuant to the authority of Sections 170.12 and 166.021, Florida Statutes, and Article VIII, Section 2(b) of the Constitution of Florida, the Town determines that the special assessments shall be subject to prepayment only on or before November 1, 2011 and thereafter shall not be subject to prepayment, and shall be payable only in installments as therein provided 18.. On June 30, 2011, the Town Commission of the Town duly adopted Resolution No.11-12. 19. Resolution No. 11-12 authorizes the issuance of the Note in order o finance the cost of the Project.. The Note shall be issued in registered form, shall be dated as of such date, shall mature on such date or dates within 21 years after the date of issuance, shall bear interest at such rate or rates not in excess of the maximum legal rate, shall be payable on such date or dates and in such manner, and shall be in such denomination or denominations as shall be provided by subsequent resolution of the Town Commission.. 20 The Note will not constitute a general indebtedness of the Town, but will be payable from and secured by a fust lien upon and pledge of the proceeds of the assessments levied by the Town pursuant to Resolution No. 11-12 and from certain other lawfully available non -ad valorem revenues of the Iown as more particularly described and as provided in Resolution No. 11-12. 21.. The Town has acted in accordance with the law in all respects and particulars in adopting Resolutions Nos 11-09, 11-11 and 11-12 (collectively, the 'Resolutions"), the Special Assessments levied thereby are valid and enforceable charges against the property described therein, and when issued and sold, the Note will be a valid and binding obligation of the Iown, secured by and payable from the sources described in Resolution No. 11-12. Now, therefore, it is ordered and adjudged that the Note, the Special Assessments, the Resolutions and the proceedings of the Town taken in regard to the same are hereby validated and confirmed. Done and ordered at the Courthouse in West Palm Beach, Florida, this _ day of , 2011. Tack Schramm Cox 91GIN91) 4i DATED Circuit Court Judge NOV L a 20il jUDGE JACK SCHR.4MM Co Renee Basel From: Brooke Cupell <bcupell@willdan.com> Sent: Monday, July 15, 2013 11:41 AM To: Susan Schoettle Subject: RE: Gulf Stream Thank you! No, I didn't receive it. You are having all kinds of troubles with your computer. @ From: Susan Schoettle [mailto:spgumm@mailmt.com] Sent: Monday, July 15, 2013 8:39 AM To: Brooke Cupell Subject: RE: Gulf Stream Brooke — Yes, my recommendation is still the same — split the assessment equally among the newly created developable parcel. Did you not receive my email early last week? I sent (I thought) an email to you, Bill Thrasher, Skip Randolph and Danny Brannon. If not, I'm very glad you emailed me. Apparently something is not set up correctly in my new computer. I will redraft or resend the email. Thanks again, Susan Susan Schoettle-Gumm, PLLC Attorney and Counselor at Law 18099 Deer Prairie Drive Sarasota, FL 34240 Office 941-377-4948 Cell 941-320-3054 From: Brooke Cupell [mailto:bcuoelIPwilldan.coml Sent: Monday, July 15, 2013 10:23 AM To: Susan Schoettle Subject: Gulf Stream Importance: High Good morning Susan, I just wanted to check with you regarding your decision on the parcel change for Gulf Stream. Thank you, ,WWI LLDAN Financial Services Brooke Cupell Senior Project Analyst Willdan Financial Services 1440 East Missouri Avenue, Suite 0170 Phoenix, Arizona 85014 602.395.7541 951.587.3510 (Fax) LEVY PURPOSES SPLIT Utility Undergrounding Toes of Gulf Stream Palm Beach County, FL GATE 711510 PREVIOUS ASSESSMENTS ASSESSMENT ASSESSOR'S PARCEL AREA TOTALASSESSMENT OWNER OF N0. PARCEL NO. DESCRIPTION (ACRES) AMOUNT RECORD 20434609010000040 60766 S 29.427 40 Harbor View Estates LLC TOTALS 6.0766 $29,427.40 AMENDED ASSESSMENTS ASSESSMENT ASSESSORS LEGAL SQUARE AREA TOTALAS E SMENT OWNER OF NO. PARCELNO. DESCRIPTION FEET ACRES AMOUNT RECORD 20434609920000010 Lot 1 1.0253 $4,904,57 HARBOR VIEW ESTATES LLC 20434609920000020 Lot 2 1.1142 4,904.57 HARBOR VIEW ESTATES LLC 20434609920000030 L013 1.2419 4,904.57 HARBOR VIEW ESTATES LLC 20434609920000040 Lo14 0.6693 4,904.57 HARBOR VIEW ESTATES LLC 20434609920000050 L015 0.7096 4,904.56 HARBOR VIEW ESTATES LLC 20434609920000060 Loth 0.6367 4,904.56 HARBOR VIEW ESTATES LLC 20434609920010000 Tract A - PRIVATE ROAD 0.4219 l HARBOR VIEW ESTATES LLC TOTALS Total Assessements $29,427.40 Total Units 6.000 Assmt. AmtJUnit $4,904.57 6.0411 $29,427.40 Renee Basel From: Brooke Cupell <bcupell@willdan.com> Sent: Friday, July 19, 2013 6:11 PM To: Susan Schoettle Subject: RE: Gammon condos - Townn of Gulf Stream Hi Susan, I tried both numbers, but no answer. I left a message on your cell. Thanks, ,WWILLDAN Financial Services Brooke Cupell Senior Project Analyst Willdan Financial Services 1440 East Missouri Avenue, Suite C170 Phoenix, Arizona 85014 602.395.7541 951.587.3510 (Fax) From: Susan Schoettle [mailto:spgumm@mailmt.com] Sent: Friday, July 19, 2013 1:15 PM To: Brooke Cupell Subject: Gammon condos - Townn of Gulf Stream Hi Brooke - Could you please give me a call if you can this afternoon? I have a quick question for you. If I don't answer at 941-377-4948, please try my cell phone 941-320-3054. Thanks! Susan Susan Schoettle-Gumm, PLLC Attorney and Counselor at Law 18099 Deer Prairie Drive Sarasota, FL 34240 Office 941-377-4948 Cell 941-320-3054 Renee Basel From: Brooke Cupell <bcupell@willdan.com> Sent: Monday, July 22, 2013 10:38 AM To: Bill Thrasher Cc: Susan Schoettle; Rita Taylor Subject: RE: Gulf Stream Levy Good morning Bill, I wanted to check with you to see if you have any questions regarding the FY1314 levy or parcel change Thank you, ,,"Financial d Financial Services Brooke Cupell Senior Project Analyst Willdan Financial Services 1440 East Missouri Avenue, Suite C170 Phoenix, Arizona 85014 602.395.7541 951.587.3510 (Fax) From: Brooke Cupell Sent: Tuesday, July 16, 2013 2:05 PM To:'Bill Thrasher' Cc: 'Susan Schoettle'; Rita Taylor Subject: Gulf Stream Levy Importance: High Hi Bill, Please find the attached FY1314 Gulf Stream levy and parcel split for APN 20434609010000040 for your approval. Please advise if you have any questions or changes. Once you approve, please let me know and I will submit the levy to the County. Thank you, iWWILLDAN Financial Services Brooke Cupell Senior Project Analyst Willdan Financial Services 1440 East Missouri Avenue, Suite 0170 Phoenix, Arizona 85014 602.395.7541 951.587.3510 (Fax) Renee Basel From: Nolan, Marcie Oppenheimer < M Nolan@ becker-poliakoff.com > Sent: Monday, July 22, 2013 1:33 PM To: 'spgumm@mailmt.com' Cc: Randolph, John C. (1Randolph@jonesfoster.com); Espino, Daniel Subject: RE: Gulfstream Special assessment Susan, I am just following up on the response letter for the Gannons. They have been patiently waiting for a reply. Sincerely, Marcie Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE@becker-poliakoff.com. -----Original Message ----- From: spgumm@mailmt.com [mailto:spgumm@mailmt.com] Sent: Wednesday, July 10, 2013 7:44 PM To: Nolan, Marcie Oppenheimer Subject: Re: Gulfstream Special assessment Marcie, I am doing well except that my computer died, and I am still having some technical difficulties. I should be able to respond to the letter regarding the Gannons' assessment request this week. I apologize for the delay. I will be in touch again very soon. Thanks, Susan Schoettle > Susan, > I hope this email finds you well. > I just spoke with Skip Randolph regarding a letter we sent to the Town > on behalf of Jim and Margo Gannon regarding their special assessment amount. > He mentioned it had been sent over to you as special counsel on this > assessment. > Please let me know if you have had time to review the matter. > Please let me know if you have any questions. > Sincerely, > Marcie Nolan > Our clients' total satisfaction is our #1 priority. The Becker & > Poliakoff Client CARE Center is available for questions, concerns and > suggestions. Please contact us at 954.364.6090 or via email at > CARE@becker-poIiakoff.com<mailto:CARE@becker-poliakoff.com>. Renee Basel From: Sent: To: Subject: Attachments: Freda DeFosse Administrative Assistant Town of Gulf Stream Freda Defosse <fdefosse@gulf -stream.org> Tuesday, July 23, 2013 2:47 PM spgumm@mailmt.com FW: Town of Gulf Stream Scan001.pdf From: Freda Defosse Sent: Friday, July 19, 2013 4:03 PM To: 'spgumm@mailmt.com' Cc: Rita Taylor Subject: Town of Gulf Stream Letter re: Margo Stahl Freda DeFosse Administrative Assistant Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Home: (561) 276-5116 FAX: (561) 737-0188 fdefossePgulf-stream.org 1 Renee Basel From: Freda Defosse <fdefosse@gulf-stream.org> Sent: Tuesday, July 23, 2013 3:50 PM To: Susan Schoettle Subject: RE: Town of Gulf Stream No problem ... glad you got it this time. Freda DeFosse Administrative Assistant Town of Gulf Stream From: Susan Schoettle (mailto:spgumm@mailmt.com) Sent: Tuesday, July 23, 2013 2:59 PM To: Freda Defosse Subject: RE: Town of Gulf Stream Thank you. Sorry for any bother. Susan Schoettle From: Freda Defosse (mailto:fdefosse@gulf-stream.orgl Sent: Tuesday, July 23, 2013 2:47 PM To: spgumm@mailmt.com Subject: FW: Town of Gulf Stream Freda DeFosse Administrative Assistant Town of Gulf Stream From: Freda Defosse Sent: Friday, July 19, 2013 4:03 PM To: 'spgumm@mailmt.com' Cc: Rita Taylor Subject: Town of Gulf Stream Letter re: Margo Stahl Freda DeFosse Administrative Assistant Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Home: (561) 276-5116 FAX: (561) 737-0188 fdefosse @gulf-strea m.org Renee Basel From: Habib Isaac <hisaac@willdan.com> Sent: Monday, July 29, 2013 1:25 PM To: Susan Schoettle-Gumm Subject: FW: Becker & Poliakoff stoping pursuit of methodolgy error. Maybe this is something to point out From: Bill Thrasher [mailto:bthrasher@gulf-stream.org] Sent: Tuesday, July 26, 2011 11:30 AM To: Lee Evett; Habib Isaac; mark raymond; Danny Brannon Subject: Becker & Poliakoff stoping pursuit of methodolgy error. Mr. Randolph told Rita and I today that Marcie Nolan will not be pursuing the argument against our methodology any further. Good news. m The information contained in this message is the property of the Town of Gulf Stream and may be privileged, confidential and protected from disclosure. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution, reading or copying of this communication is strictly prohibited. If you have received this communication in error, please contact Gulf Stream immediately and destroy the material in its entirety, whether electronic or hard copy. Renee Basel From: Habib Isaac <hisaac@willdan.com> Sent: Monday, July 29, 2013 1:50 PM To: Susan Schoettle Subject: RE: Becker & Poliakoff stoping pursuit of methodolgy error. This is what I found in the database for the parcel associated with 214 and 215. It is not clear if they are still two separate units or if the two units were combined into one living unit. Also, from day 1 and in discussions regarding Gulfstream Shores, it was clearly stated that the number of units associated with the complex and used in our analysis was 53. I vaguely recall this parcel coming up and I believe this owner combined the units into one, but I could be wrong. If it was combined into one lining space, I believe that would be valuable information. 3851 N DELRAY OCEAN WESTINE BLVD 20434603120002140 OWNER JOHN R 214 From: Susan Schoettle [mailto:spgumm@mailmt.com] Sent: Monday, July 29, 2013 10:37 AM To: Habib Isaac Subject: RE: Becker & Poliakoff stoping pursuit of methodolgy error. BEACH GULFSTREAM FL 33483 SHORES 7446 COND UNITS 214 & 215 I thought about mentioning the many discussions/issues related to condos but decided it wasn't really on point. This letter isn't attacking the methodology —just whether they should be viewed as one condo or three. BTW — the Town opened bids on Friday. No award yet but sounds like costs came in a little below estimates. From: Habib Isaac [mailto:hisaacaa,willdan.com] Sent: Monday, July 29, 2013 1:25 PM To: Susan Schoettle-Gumm Subject: FW: Becker & Poliakoff stoping pursuit of methodolgy error. Maybe this is something to point out From: Bill Thrasher[mailto:bthrasher(cb,uulf-stream.org] Sent: Tuesday, July 26, 2011 11:30 AM To: Lee Evett; Habib Isaac; mark raymond; Danny Brannon Subject: Becker & Poliakoff stoping pursuit of methodolgy error. Mr. Randolph told Rita and I today that Marcie Nolan will not be pursuing the argument against our methodology any further. Good news. NIN The information contained in this message is the property of the Town of Gulf Stream and may be privileged, confidential and protected from disclosure. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution, reading or copying of this communication is strictly prohibited. If you have received this communication in error, please contact Gulf Stream immediately and destroy the material in its entirety, whether electronic or hard copy. Renee Basel From: Espino, Daniel <DEspino@becker-poliakoff.com> Sent: Tuesday, July 30, 2013 9:46 AM To: Susan Schoettle Cc: Randolph, John C.; Bill Thrasher, Rita Taylor; Nolan, Marcie Oppenheimer Subject: Re: Town of Gulf Stream Undergrounding Assessments on Gammon condominiums Thank you. I will review and respond accordingly Daniel A. Espino Attorney at Law Alhambra Towers 121 Alhambra Plaza, 10th Floor Coral Gables, FL 33134 305.260.1039 Phone 305.442.2232 Fax Emerald Lake Corporate Park 3111 Stirling Road Fort Lauderdale, FL 33312-6525 954.987.7550 Phone DEspino@becker-poliakoff.com http://www.becker-poliakoff.com Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE@becker-poliakoff.com. On Jul 30, 2013, at 9:40 AM, "Susan Schoettle" <spgumm@mailmt.com> wrote: > Dear Mr. Espino - Attached please find a response to your letter to John Randolph, Town Attorney for the Town of Gulf Stream, regarding the Town's Undergrounding Assessments imposed on condominium units owned by the Gammons. Please feel free to contact me if you have questions or want to discuss this matter further. > Sincerely, Susan Schoettle-Gumm > Susan Schoettle-Gumm, PLLC > Attorney and Counselor at Law > 18099 Deer Prairie Drive > Sarasota, FL 34240 > Office 941-377-4948 Cell 941-320-3054 > <Gammon - Ltr to Espino w Becker&Poliakoff 7-29-13-signed.pdf> Renee Basel From: Habib Isaac <hisaac@raftelis.com> Sent: Friday, August 16, 2013 7:12 PM To: Sudhir Pardiwala; spgumm@mailmt.com Cc: Mike Rocca Subject: FW: City of Fort Lauderdale, Utility Undergrounding - Assessment Methodology Still not dead! l l I'll let you know what I found out next week. I tried to connect with Tim twice this week. Habib ----Original Message ---- From: Tim Hall [mailto:thall@ksfla.com] Sent: Friday, August 16, 2013 3:19 PM To: Habib Isaac Subject: Re: City of Fort Lauderdale, Utility Undergrounding - Assessment Methodology Habib, Sorry for not responding earlier ... it's been a hectic week. Lets talk next week. Thanks. Tim Hall 954.295.0341 On Aug 13, 2013, at 12:36 PM, "Habib Isaac" <hisaac@raftelis.com> wrote: > Good morning Tim, > I just got back from a great camping vacation and I wanted to check-in on the proposed utility undergrounding districts. I noticed the UUDs were on the 7-2-13 Agenda for the design portion. When you have a moment, please contact me to discuss. > Thank you, > Habib Isaac, Senior Consultant > 201 S. Lake Avenue, Suite 301 Pasadena, CA 91101 mobile 951.595.9354 > / fax 626.583.1411 / email > hisaac@raftelis.com<mailto:hisaac@raftelis.com> > Raftelis Financial Consultants, Inc. http://www.raftelis.com > From: Tim Hall [mailto:thall@ksfla.com] > Sent: Friday, May 31, 2013 10:06 AM > To: Habib Isaac 1 > Subject: RE: City of Fort Lauderdale, Utility Undergrounding - > Assessment Methodology > Nothing since we last talked. Thanks. > Tim J. Hall, P.E. > Vice President, Civil Engineering > Keith and Schnars, P.A. > ph: (954) 776-1616 > mb: (954) 295-0341 > From: Habib Isaac [mailto:hisaac@raftelis.com] > Sent: Thursday, May 30, 2013 12:12 PM > To: Tim Hall > Subject: FW: City of Fort Lauderdale, Utility Undergrounding - > Assessment Methodology > Good morning Tim, > I wanted to check-in to see if you and the City have had a chance to review our proposal and if you have any questions. > Thank you, > Habib Isaac, Senior Consultant > 201 S. Lake Avenue, Suite 301 Pasadena, CA 91101 mobile 951.595.9354 > / fax 626.583.1411 / email > hisaac@raftelis.com<mailto:hisaac@raftelis.com> > Raftelis Financial Consultants, Inc. http://www.raftelis.com > From: Habib Isaac > Sent: Wednesday, May 15, 2013 9:01 AM > To: 'Tim Hall' > Cc: Mark Tomczyk; David George; > spgumm@mailmt.com<mailto:spgumm@mailmt.com>; Mike Rocca > Subject: RE: City of Fort Lauderdale, Utility Undergrounding - > Assessment Methodology > Importance: High > Good morning Tim, > On behalf of Raftelis Financial Consultants and Susan Scheottle-Gumm Esq., I am pleased to submit the attached proposal for the proposed Utility Undergrounding Assessment. Our proposal takes the project from inception through adoption and implementation of the proposed assessment. In addition, I have attached a Letter of Recommendation from the Town of Gulf Stream. I have also confirmed that you will receive 2 additional Letter of N Recommendation from the Town of Palm Beach and Jupiter Inlet Colony. IF you have any questions regarding our proposal. Please do not hesitate to contact me. > Thank you, > Habib Isaac, Senior Consultant > 201 S. Lake Avenue, Suite 301 Pasadena, CA 91101 mobile 951.595.9354 > / fax 626.583.1411 / email > hisaac@raftelis.com<mailto:hisaac@raftelis.com> > Raftelis Financial Consultants, Inc. http://www.raftelis.com > From: Tim Hall (mailto:thall@ksfla.com) > Sent: Monday, May 13, 2013 7:00 AM > To: Tim Hall > Cc: Mark Tomczyk > Subject: City of Fort Lauderdale, Utility Undergrounding - Assessment > Methodology > As discussed, Keith & Schnars (K&S) is working with the City of Fort Lauderdale on the undergrounding of overhead utilities within 4 neighborhoods; Riviera Isles, Idlewyld, Seven Isles, and Las Olas Isles (all single family, no commercial). The improvements will be paid for as a special assessment by the residents. > K&S is preparing a work authorization for approval by the City. The intent of the work authorization is to present a clear picture of improvements and individual costs to residents. K&S will prepare plans and provide cost estimates. Assessment Methodology will be applied to costs estimates to determine allocation of costs to individual homeowners based upon information provided by City (parcel maps, ownership, etc.). > The City is seeking a qualified consultant, serving as a sub -consultant to K&S, to develop a defensible methodology that reflects the special benefit received by the properties from the proposed undergrounding of overhead utilities. The methodology will be the basis for establishing the assessment role if the project goes forward. Consultant must be professional capable of demonstrating sufficient experience and expertise in producing similar assessment methodologies. A complete scope of services is required. > Currently, the City has received interest from 4 neighborhoods; Riviera Isles, Idlewyld, Seven Isles, and Las Olas Isles (see attached exhibit for limits of neighborhoods). The project will be done in 3 parts, with Riviera Isles and Idlewyld combined into a single project. The breakdown of neighborhoods is as follows: > Riviera Isles Idlewyld Seven Isles Las Olas Isles TOTAL > # of homes 135 132 305 312 884 > LF of Roadway 6,450 8,000 16,450 16,250 47,150 > If interested, please submit a proposal with appropriate detail to my attention. Proposals should be lump sum but include an hourly rate schedule in the event of additional services. It is the City's intent to divide the costs equally among the three projects. Proposals should clearly show the price broken down as such. Because of the timing of the proposed commission agenda, we are requesting proposals be submitted no later than 12:00 p.m. this Wednesday, May 15. If you have any questions or need for clarification, please contact me directly. > Thank you. > Tim J. Hall, P.E. > Vice President, Civil Engineering > Keith and Schnars, P.A. > Engineers -Planners -Surveyors > 6500 N. Andrews Avenue > Fort Lauderdale, Florida 33309 > ph: (954) 776-1616 > mb: (954) 295-0341 > fax: (954) 351-7643 > STOP Virus, STOP SPAM, SAVE Bandwidth! > http://www.safentrix.com<http:Hwww.safentrix.com/adlink?cid=O> > STOP Virus, STOP SPAM, SAVE Bandwidth! > http://www.safentrix.com/adlink?cid=0 > <Gulf Stream LOR.PDF> > <FLFL1305_Proposal.pdf> Renee Basel From: Brooke Cupell <bcupell@willdan.com> Sent: Thursday, August 29, 2013 1:08 PM To: Bill Thrasher, Rita Taylor Cc: Susan Schoettle Subject: Town of Gulf Stream Attachments: FY1314 Gulf Stream levy to Agency 8-29-13.xlsx Importance: High Hello Bill and Rita, Attached is the FY1314 Final Roll to be submitted to the County. The only change between the preliminary roll and the final roll is the removal of parcel 20434534290000040 and the addition of parcel 20434534290000010. According to Kelly Avery, Town of Gulf Stream, parcel 20434534290000040 prepaid their assessment and a correction was submitted last year to the County. Please let me know if you have any questions. If you do not, please send me your approval to submit the roll to the County. Thank you, ,O/WILLDAN Financial Services Brooke Cupell Senior Project Analyst Willdan Financial Services 1440 East Missouri Avenue, Suite C170 Phoenix, Arizona 85014 602.395.7541 951.587.3510 (Fax) Renee Basel From: Bill Thrasher <bthrasher@gulf-stream.org> Sent: Thursday, August 29, 2013 1:10 PM To: Brooke Cupell; Rita Taylor Cc: Susan Schoettle Subject: RE: Town of Gulf Stream Great and thanks. From: Brooke Cupell [mailto:bcupell@willdan.com] Sent: Thursday, August 29, 2013 1:08 PM To: Bill Thrasher; Rita Taylor Cc: Susan Schoettle Subject: Town of Gulf Stream Importance: High Hello Bill and Rita, Attached is the FY1314 Final Roll to be submitted to the County. The only change between the preliminary roll and the final roll is the removal of parcel 20434534290000040 and the addition of parcel 20434534290000010. According to Kelly Avery, Town of Gulf Stream, parcel 20434534290000040 prepaid their assessment and a correction was submitted last year to the County. Please let me know if you have any questions. If you do not, please send me your approval to submit the roll to the County. Thank you, �WI LLDAN Financial Services Brooke Cupell Senior Project Analyst Willdan Financial Services 1440 East Missouri Avenue, Suite C170 Phoenix, Arizona 85014 602.395.7541 951.587.3510 (Fax) Renee Basel From: Bill Thrasher <bthrasher@gulf-stream.org> Sent: Tuesday, September 03, 2013 9:43 AM To: spgumm@mailmt.com Cc: dclark@lakeclarke.org Susan, The Town Administrator of Lake Clarke Shores, Palm Beach County, is working on a potential special assessment project for a new service main. He asked me who the Town used during our process and asked if I were happy and satisfied. Thus this email to you to see if you might be interested in working with him on a similar project as GS. Hope all is well. William H. Thrasher, ICMA-CM, CGFO, CGFM Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Office 561.276.5116 1 Fax 561.737.0188 Direct e-mail: bthrasher@gulf-stream.org Renee Basel From: Susan Schoettle <spgumm@mailmt.com> Sent: Sunday, June 30, 2013 1:39 PM To: 'Brooke Cupell' Subject: RE: Parcel splits in Gulf Stream Hi Brooke - I had a major meltdown with my computer last week and am just getting back up and running. Still struggling a bit with access to my old emails. Could you send the map again in case I am not successful with accessing it? I will get back to you as soon as possible on Monday after I see the map again. Sorry for the delay— it is amazing how things grind to a halt with a technological glitch. Thanks, Susan From: Brooke Cupell [mailto:cupelb@willdan.com] Sent: Thursday, June 27, 2013 12:24 PM To: Susan Schoettle-Gumm Subject: RE: Parcel splits in Gulf Stream Hi Susan, Have you gotten a chance to look at the new map? Thank you, �WILLDAN Financial Services Brooke Cupell Senior Projert Analyst Willdan Financial Services 1440 East Missouri Avenue. Suite C170 Phoenix, Arizona 85014 602.395.7541 951.587.3510 (Fax) From: Susan Schoettle-Gumm [mailto:sogumm(@mailmt.com] Sent: Tuesday, June 18, 2013 2:19 PM To: Brooke Cupell Subject: RE: Parcel splits in Gulf Stream Thanks. Danny just emailed me the same thing. I appreciate it. Susan From: Brooke Cupell [mailto:bcupell(diwilldan.com] Sent: Tuesday, June 18, 2013 5:16 PM To: Susan Schoettle-Gumm Subject: RE: Parcel splits in Gulf Stream Susan, this is what I was able to obtain. From: Susan Schoettle-Gumm rmailto:sogumm(a)mailmt.coml Sent: Tuesday, June 18, 2013 1:02 PM To: dbrannon(e bngengineers.com Ce: Brooke Cupell;'Bill Thrasher' Subject: Parcel splits in Gulf Stream Danny - In our phone call last week, you said you would email a drawing or file showing the lots that the parcels in Gulf Stream are being split into. One parcel is splitting into 6 lots. I have not received anything from you yet. Please let me know when to expect the file. Does it show the acreage of the new lots? Thanks, Susan Susan Schoettle-Gumm, PLLC Attorney & Counselor -at -Law Office 941-377-4948 Cell 941-320-3054 Email spgummArnailmt.com 18099 Deer Prairie Drive, Sarasota, FL 32420 This message, together with any attachments, is intended only for the addressee. It may contain information which is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone (941-3774948) or by return e-mail and delete the message, along with any attachments. Renee Basel From: Susan Schoettle <spgumm@mailmt.com> Sent: Tuesday, July 09, 2013 11:12 AM To: mark.raymond@mraymondlaw.com Subject: Gulf Stream Undergrounding Assessments Mark - In responding to a question from Gulf Stream, I realized I cannot locate the final order from the bond validation on the undergrounding assessment for the Town of Gulf Stream. Rita Taylor at the Town has also not been able to locate the document. Would you please email it to me? Thanks for your assistance. Sincerely, Susan Schoettle Susan Schoettle-Gumm, PLLC Attorney and Counselor at Law 18ogg Deer Prairie Drive Sarasota, FL 34240 Office 941-377-4948 Cell 941-320-3054 Renee Basel From: Susan Schoettle <spgumm@mailmt.com> Sent: Wednesday, July 17, 2013 3:51 PM To: Brooke Cupell Subject: Gammon condominiums Brooke — Could you give me a call at 941-377-4948 to discuss the Gammon condominiums (units 412, 414 & 415 at 3851 North Ocean Blvd, Gulfstream Shores Condominiums)? It shouldn't take long. If you can't call back this afternoon, please email me and let me know when you could talk tomorrow (Thursday). Thanks, Susan Susan Schoettle-Gumm, PLLC Attorney and Counselor at Law 18ogg Deer Prairie Drive Sarasota, FL 34240 Office 941-377-4948 Cell 941-320-3054 Renee Basel From: Susan Schoettle <spgumm@mailmt.com> Sent: Friday, July 19, 2013 4:38 PM To: Rita Taylor Subject: Email address Hi Rita — Haven't received the email we discussed a little while ago. Just thought I'd send you my email address in case you didn't get it over the phone. Have a great weekend. Thanks, Susan Susan Schoettle-Gurnm, PLLC Attorney and Counselor at Law 18ogg Deer Prairie Drive Sarasota, FL 34240 Office 941-377-4948 Cell 941-320-3054 Renee Basel From: Susan Schoettle <spgumm@mailmt.com> Sent: Friday, July 05, 2013 5:46 PM To: 'Randolph, John C.' Subject: RE: Gulfstream Special assessment Skip - Sorry for the delay in my response to Marcie. My computer crashed, and I have been working to get a new computer set up. I am now up and running. I will be in touch with Marcie on Monday. Hope you had a nice 4`h of July. Thanks, Susan Schoettle Susan Schoettle-Gumm, PLLC Attorney and Counselor at Law 18ogg Deer Prairie Drive Sarasota, FL 34240 Office 941-377-4948 Cell 941-320-3054 From: Randolph, John C. [mailto:JRandolph@jonesfoster.com] Sent: Friday, July 05, 2013 1:53 PM To: Susan Schoettle-Gumm Subject: FW: Gulfstream Special assessment Please see attached. Call me if you need to talk about this. Otherwise, please contact Marcie Nolan. Thank you. John C. Randolph .\uorney Direct Dial: 561.650.0458 Fax: 561.650.5300 1 irandolpli(@,jonesfoster.com Flagler Center Toner, 505 South Flagler Drive, Suite 1100, \\ csr Palm Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot he relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may 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 coping of this email is prohibited. Please immediately notify us by email and delete the original message. From: Nolan, Marcie Oppenheimer [mailto:MNolanCalbecker-0oliakoff.coml Sent: Friday, July 05, 2013 1:45 PM To: Randolph, John C. Subject: RE: Gulfstream Special assessment Skip, Happy day after the 4". I have not heard from Susan. Have you? Thanks. Marcie Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE(aa becker- poliakoff.com. From: Randolph, John C.[mailto:JRandolph(abjonesfoster.coml Sent: Tuesday, June 25, 2013 11:20 AM To: Nolan, Marcie Oppenheimer Subject: RE: Gulfstream Special assessment Susan Schoettle-Gumm spgummto7mailmt.com Sally JONES FOSTER IonNstoNasIt. aas.ra Sally Matias Secretary to John C. Randolph and 1-1. hGchael F.aslcy Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 smadas(@,jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Hagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Ileach, Florida 33401 561-659-3000 1 www.joncsfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming entails are filtered which may 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 notlfv us by email and delete the original message. From: Nolan, Marcie Oppenheimer Lmailto:MNolan@becker-ooliakoff.coml Sent: Tuesday, June 25, 2013 10:56 AM To: Randolph, John C. Subject: FW: Gulfstream Special assessment FYI — it bounced back as a bad email address. Do you have another one for Susan. Thanks, Marcie Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE(a)becker- aoliakoff.com. From: Nolan, Marcie Oppenheimer Sent: Tuesday, June 25, 2013 10:54 AM To: 'spgumm@mindspring.com' Cc: Espino, Daniel; 'jrandolph@jones-foster.com' Subject: Gulfstream Special assessment Susan, I hope this email finds you well. I just spoke with Skip Randolph regarding a letter we sent to the Town on behalf of Jim and Margo Gannon regarding their special assessment amount. He mentioned it had been sent over to you as special counsel on this assessment. Please let me know if you have had time to review the matter. Please let me know if you have any questions. Sincerely, Marcie Nolan Renee Basel From: spgumm@mailmt.com Sent: Wednesday, July 10, 2013 7:44 PM To: Nolan, Marcie Oppenheimer Subject: Re: Gulfstream Special assessment Marcie, I am doing well except that my computer died, and I am still having some technical difficulties. I should be able to respond to the letter regarding the Gannons' assessment request this week. I apologize for the delay. 1 will be in touch again very soon. Thanks, Susan Schoettle > Susan, > I hope this email finds you well. > I just spoke with Skip Randolph regarding a letter we sent to the Town > on behalf of Jim and Margo Gannon regarding their special assessment amount. > He mentioned it had been sent over to you as special counsel on this > assessment. > Please let me know if you have had time to review the matter. > Please let me know if you have any questions. > Sincerely, > Marcie Nolan > Our clients' total satisfaction is our #1 priority. The Becker & > Poliakoff Client CARE Center is available for questions, concerns and > suggestions. Please contact us at 954.364.6090 or via email at > CARE@becker-poliakoff.com<mailto:CARE@becker-poliakoff.com>. Renee Basel From: Susan Schoettle <spgumm@mailmt.com> Sent: Wednesday, July 17, 2013 4:26 PM To: Rita Taylor Subject: Undergrounding Assessments Hi Rita — Would you please give me a call at 941-377-4948 as soon as you can? I am available now if you are still in the office —or, if you come in early tomorrow, feel free to give me a call anytime after 7:30am. Thanks! Susan Susan Schoettle-Gumm, PLLC Attorney and Counselor at Law 18ogg Deer Prairie Drive Sarasota, FL 34240 Office 941-377-4948 Cell 941-320-3054 Renee Basel From: Susan Schoettle <spgumm@mailmt.com> Sent: Monday, July 22, 2013 3:27 PM To: 'Nolan, Marcie Oppenheimer' Subject: RE: Gulfstream Special assessment Marcie - I apologize for the delay. My primary computer hard drive died, and my back up plan did not work quite as well as I had thought it would. I have temporarily lost access to all my documents and have had to request some items from the Town. I do expect to send you a written response in the next few days. Thank you, Susan Schoettle Susan Schoettle-Gumm, PLLC Attorney and Counselor at Law 18099 Deer Prairie Drive Sarasota, FL 34240 Office 941-377-4948 Cell 941-320-3054 ----Original Message ----- From: Nolan, Marcie Oppenheimer [ma ilto:MNolan@becker-poIiakoff.com] Sent: Monday, July 22, 2013 1:33 PM To: 'spgumm@mailmt.com' Cc: Randolph, John C. (JRandolph@jonesfoster.com); Espino, Daniel Subject: RE: Gulfstream Special assessment Susan, I am just following up on the response letter for the Gannons. They have been patiently waiting for a reply. Sincerely, Marcie Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE@becker-poliakoff.com. ----Original Message ---- From: spgumm@mailmt.com [mailto:spgumm@mailmt.com] Sent: Wednesday, July 10, 2013 7:44 PM To: Nolan, Marcie Oppenheimer Subject: Re: Gulfstream Special assessment Marcie, I am doing well except that my computer died, and I am still having some technical difficulties. I should be able to respond to the letter regarding the Gannons' assessment request this week. I apologize for the delay. I will be in touch again very soon. Thanks, Susan Schoettle > Susan, > I hope this email finds you well. > I just spoke with Skip Randolph regarding a letter we sent to the Town > on behalf of Jim and Margo Gannon regarding their special assessment > amount. > He mentioned it had been sent over to you as special counsel on this > assessment. > Please let me know if you have had time to review the matter. > Please let me know if you have any questions. > Sincerely, > Marcie Nolan > Our clients' total satisfaction is our #1 priority. The Becker & > Poliakoff Client CARE Center is available for questions, concerns and > suggestions. Please contact us at 954.364.6090 or via email at > CARE@ becker-polia koff.com<mailto:CARE@ becker-polia koff.com>. Renee Basel From: Susan Schoettle <spgumm@mailmt.com> Sent: Monday, July 08, 2013 4:23 PM To: Randolph, John C. Cc: smatias@jonesfoster.com Subject: Gulf Stream Undergrounding Assessments - Gammon letter Skip - Do you have a file copy of the final order approving the assessments in the bond validation on the Gulf Stream Utility Undergrounding Assessments? If so, would you please forward it to me? Rita Taylor thought she had it but it was only the order to show cause. I have not been able to locate it in my files either. If not, could you please send me Mark Raymond's email address? I have not yet successfully reloaded my emails and contacts since my computer died. Your assistance is greatly appreciated. Thank you, Susan Susan Schoettle-Gumm, PLLC Attorney and Counselor at Law i8ogg Deer Prairie Drive Sarasota, FL 34240 Office 941-377-4948 Cell 941-320-3054 Renee Basel From: Susan Schoettle <spgumm@mailmt.com> Sent: Monday, July 15, 2013 11:39 AM To: 'Brooke Cupell' Subject: RE: Gulf Stream Brooke —Yes, my recommendation is still the same — split the assessment equally among the newly created developable parcel. Did you not receive my email early last week? I sent (I thought) an email to you, Bill Thrasher, Skip Randolph and Danny Brannon. If not, I'm very glad you emailed me. Apparently something is not set up correctly in my new computer. I will redraft or resend the email. Thanks again, Susan Susan Schoettle-Gumm, PLLC Attorney and Counselor at Law 18ogg Deer Prairie Drive Sarasota, FL 34240 Office 941-377-4948 Cell 941-320-3054 From: Brooke Cupell [mailto:bcupell@willdan.com] Sent: Monday, July 15, 2013 10:23 AM To: Susan Schoettle Subject: Gulf Stream Importance: High Good morning Susan, I just wanted to check with you regarding your decision on the parcel change for Gulf Stream. Thank you, WILLDAN Financial services Brooke Cupell Senior Protect Analyst Willdan Financial Services 1440 East Missouri Avenue, Suite C170 Phoenix, Arizona 85014 602.395.7541 951.587.3510 (Fax) Renee Basel From: Susan Schoettle <spgumm@mailmt.com> Sent: Friday, July 19, 2013 4:15 PM To: Brooke Cupell Subject: Gammon condos - Townn of Gulf Stream Hi Brooke - Could you please give me a call if you can this afternoon? I have a quick question for you. If I don't answer at 941-377-4948, please try my cell phone 941-320-3054. Thanks! Susan Susan Schoettle-Gumm, PLLC Attorney and Counselor at Law r8ogg Deer Prairie Drive Sarasota, FL 34240 Office 941-377-4948 Cell 941-320-3054 Renee Basel From: Susan Schoettle <spgumm@mailmt.com> Sent: Tuesday, July 23, 2013 2:59 PM To: Freda Defosse Subject: RE: Town of Gulf Stream Thank you. Sorry for any bother. Susan Schoettle From: Freda Defosse [mailto:fdefosse@gulf-stream.org] Sent: Tuesday, July 23, 2013 2:47 PM To: spgumm@mailmt.com Subject: FW: Town of Gulf Stream Freda DeFosse Administrative Assistant Town of Gulf Stream From: Freda Defosse Sent: Friday, July 19, 2013 4:03 PM To: 'spgumm@mailmt.com' Cc: Rita Taylor Subject: Town of Gulf Stream Letter re: Margo Stahl Freda DeFosse Administrative Assistant Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Home: (561) 276-5116 FAX: (561) 737-0188 fdefosse@gulf-stream.org Renee Basel From: Susan Schoettle <spgumm@mailmt.com> Sent: Friday, July 19, 2013 4:38 PM To: Rita Taylor Subject: Email address Hi Rita — Haven't received the email we discussed a little while ago. Just thought I'd send you my email address in case you didn't get it over the phone. Have a great weekend. Thanks, Susan Susan Schoettle-Gunun, PLLC Attorney and Counselor at Law 18ogg Deer Prairie Drive Sarasota, FL 34240 Office 941-377-4948 Cell 941-320-3054 Renee Basel From: Susan Schoettle <spgumm@mailmt.com> Sent: Monday, July 29, 2013 12:52 PM To: hisaac@raftelis.com Subject: Gulf Stream Attachments: Gammon - response letter.docx; Gammon issue - Fax -email - RT.pdf Hi Habib —Thanks for taking a quick look at this. I'm attaching my draft letter as well as the letter received by the Town in case you want the background. Please give me a call on my cell phone after you look over the draft. I appreciate your input. Thanks, Susan Susan Schoettle-Gumm, PLLC Attorney and Counselor at Law 18ogg Deer Prairie Drive Sarasota, FL 34240 Office 941-377-4948 Cell 941-320-3054 Renee Basel From: Susan Schoettle <spgumm@mailmt.com> Sent: Tuesday, September 03, 2013 10:05 AM To: hisaac@raftelis.com Subject: FW: Habib —See email below from Bill Thrasher. I replied to Bill asking if he provided my contact info or if I should contact the Administrator directly. Will keep you posted. Susan From: Bill Thrasher [mailto:bthrasher@gulf-stream.org] Sent: Tuesday, September 03, 2013 9:43 AM To: spgumm@mailmt.com Cc: dclark@lakeclarke.org Subject: Susan, The Town Administrator of Lake Clarke Shores, Palm Beach County, is working on a potential special assessment project for a new service main. He asked me who the Town used during our process and asked if I were happy and satisfied. Thus this email to you to see if you might be interested in working with him on a similar project as GS. Hope all is well. William H. Thrasher, ICMA-CM, CGFO, CGFM Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Office 561.276.5116 1 Fax 561.737.0188 Direct e-mail: bthrasher(7a oulf-stream.oro Renee Basel From: Susan Schoettle <spgumm@mailmt.com> Sent: Monday, September 16, 2013 7:32 PM To: Bill Thrasher Subject: RE: Gotit—thanks! Susan From: Bill Thrasher [mailto:bthrasher@gulf-stream.org] Sent: Monday, September 16, 2013 3:09 PM To: spgumm@mailmt.com Subject: Did you get the letterhead copy? William H. Thrasher, ICMA-CM, CGFO, CGFM Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Office 561.276.5116 I Fax 561.737.0188 Direct e-mail: bthrasher(oulf-stream.oro Renee Basel From: Susan Schoettle <spgumm@mailmt.com> Sent: Monday, July 22, 2013 3:27 PM To: 'Nolan, Marcie Oppenheimer' Subject: RE: Gulfstream Special assessment Marcie - I apologize for the delay. My primary computer hard drive died, and my back up plan did not work quite as well as I had thought it would. I have temporarily lost access to all my documents and have had to request some items from the Town. I do expect to send you a written response in the next few days. Thank you, Susan Schoettle Susan Schoettle-Gumm, PLLC Attorney and Counselor at Law 18099 Deer Prairie Drive Sarasota, FL 34240 Office 941-377-4948 Cell 941-320-3054 -----Original Message ----- From: Nolan, Marcie Oppenheimer [mailto:MNola n@becker-poliakoff.comj Sent: Monday, July 22, 2013 1:33 PM To: 'spgumm@mailmt.com' Cc: Randolph, John C. (JRandolph@jonesfoster.com); Espino, Daniel Subject: RE: Gulfstream Special assessment Susan, I am just following up on the response letter for the Gannons. They have been patiently waiting for a reply. Sincerely, Marcie Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE@becker-poliakoff.com. -----Original Message ----- From: spgumm@mailmt.com [mailto:spgumm@mailmt.comj Sent: Wednesday, July 10, 2013 7:44 PM To: Nolan, Marcie Oppenheimer Subject: Re: Gulfstream Special assessment Marcie, I am doing well except that my computer died, and I am still having some technical difficulties. I should be able to respond to the letter regarding the Gannons' assessment request this week. I apologize for the delay. I will be in touch again very soon. Thanks, Susan Schoettle > Susan, > I hope this email finds you well. > I just spoke with Skip Randolph regarding a letter we sent to the Town > on behalf of Jim and Margo Gannon regarding their special assessment > amount. > He mentioned it had been sent over to you as special counsel on this > assessment. > Please let me know if you have had time to review the matter. > Please let me know if you have any questions. > Sincerely, > Marcie Nolan > Our clients' total satisfaction is our #1 priority. The Becker & > Poliakoff Client CARE Center is available for questions, concerns and > suggestions. Please contact us at 954.364.6090 or via email at > CARE @becker-poliakoff.com<mailto:CARE@becker-poliakoff.com>. Renee Basel From: Susan Schoettle <spgumm@mailmt.com> Sent: Monday, July 29, 2013 1:37 PM To: 'Habib Isaac' Subject: RE: Becker & Poliakoff stoping pursuit of methodolgy error. I thought about mentioning the many discussions/issues related to condos but decided it wasn't really on point. This letter isn't attacking the methodology—just whether they should be viewed as one condo or three. BTW —the Town opened bids on Friday. No award yet but sounds like costs came in a little below estimates. From: Habib Isaac [mailto:hisaac@willdan.com] Sent: Monday, July 29, 2013 1:25 PM To: Susan Schoettle-Gumm Subject: FW: Becker & Poliakoff stoping pursuit of methodolgy error. Maybe this is something to point out From: Bill Thrasher [mailto:bthrasher(cDgulf-stream.orol Sent: Tuesday, July 26, 2011 11:30 AM To: Lee Evett; Habib Isaac; mark raymond; Danny Brannon Subject: Becker & Poliakoff stoping pursuit of methodolgy error. Mr. Randolph told Rita and I today that Marcie Nolan will not be pursuing the argument against our methodology any further. Good news. m The information contained in this message is the property of the Town of Gulf Stream and may be privileged, confidential and protected from disclosure. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution, reading or copying of this communication is strictly prohibited. If you have received this communication in error, please contact Gulf Stream immediately and destroy the material in its entirety, whether electronic or hard copy. Renee Basel From: Susan Schoettle <spgumm@mailmt.com> Sent: Tuesday, September 10, 2013 9:36 AM To: 'Brooke Cupell' Cc: Bill Thrasher; Rita Taylor Subject: RE: Town of Gulf Stream Brooke —Thanks for all your work on this. Don't hesitate to give me a call if any questions arise, but otherwise, I guess I'll talk to you next year. Thanks again, Susan Susan Schoettle-Gumm, PLLC Attorney and Counselor at Law 18ogg Deer Prairie Drive Sarasota, FL 34240 Office 941-377-4948 Cell 941-320-3054 From: Brooke Cupell [mailto:bcupell@willdan.com] Sent: Tuesday, September 10, 2013 9:24 AM To: Bill Thrasher; Rita Taylor Cc: Susan Schoettle Subject: RE: Town of Gulf Stream Importance: High Good morning Bill, I submitted the levy to the County yesterday. We also need to submit the attached form by this Friday. I filled in the necessary fields. Please sign and mail to the following address: Kristina Gulick Performance Analyst I Tax Services 301 N. Olive Avenue, 3rd Floor, West Palm Beach, FL 33401 In addition, please email me a signed copy so I can email a copy to Kristina as well as have one for our files. Please let me know if you have any questions. Thank you, ,*WILLDAN .""'Financial Services Brooke Cupell Senior Project Analyst Willdan Financial Services 1440 East Missouri Avenue. Suite C170 Phoenix, Arizona 85014 602.395.7541 951.587.3510 (Fax) From: Bill Thrasher [mailto:bthrashertaoulf-stream.oro] Sent: Monday, September 09, 2013 8:27 AM To: Brooke Cupell Subject: RE: Town of Gulf Stream Yes. Thanks From: Brooke Cupell [mailto:bcuoellCalwilldan.coml Sent: Monday, September 09, 2013 11:25 AM To: Bill Thrasher; Rita Taylor Cc: Susan Schoettle Subject: RE: Town of Gulf Stream Hi Bill, Is this good to go? Thank you, N4/WI LLDAN Financial Services Brooke Cupell Senior Project Analyst Willdan Financial services 1440 East Missouri Avenue, Suite C170 Phoenix, Arizona 85014 602.395.7541 951.587.3510 (Fax) From: Bill Thrasher [mailto:bthrasherCalgulf-stream.orol Sent: Thursday, August 29, 2013 10:10 AM To: Brooke Cupell; Rita Taylor Cc: Susan Schoettle Subject: RE: Town of Gulf Stream Great and thanks. From: Brooke Cupell [mailto:bcupellCalwilldan.coml Sent: Thursday, August 29, 2013 1:08 PM To: Bill Thrasher; Rita Taylor Cc: Susan Schoettle Subject: Town of Gulf Stream Importance: High Hello Bill and Rita, Attached is the FY1314 Final Roll to be submitted to the County. The only change between the preliminary roll and the final roll is the removal of parcel 20434534290000040 and the addition of parcel 20434534290000010. According to Kelly Avery, Town of Gulf Stream, parcel 20434534290000040 prepaid their assessment and a correction was submitted last year to the County. Please let me know if you have any questions. If you do not, please send me your approval to submit the roll to the County. Thank you, WILLDAN Financial Services Brooke Cupeli Senior Project Analyst Willdan Financial Services 1440 East Missouri Avenue. Suite C170 Phoenix. Arizona 85014 602.395.7541 951.587.3510 (Fax) TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail June 15, 2016 Chris O'Hare [mail to: chrisohareeulfstream(a)email.coml Re: GS #2237 (Schoettle-Gumm communications) I request to inspect any record ofcommunication between the Town of G:dj'Stream * and Ms. Susan Schoettle-Gomm in any way regarding the Utility Undergrounding Project. Do not inchtde any records which are located within the contents of the minutes of the Town's public meetings currently published online on the Town's web site. The records I request to inspect include, but may not be limited to, emails, letters, text, voicemail and any other form of written or electronic communication other than public meeting minutes published online. Dear Chris O'Hare [mail to: chrisoharegulfstreamCa wnail.coml The Town of Gulf Stream has received your public records requests dated June 13, 2016. The original public record request can be found at the following links http://www2.gulf- stream.org/weblijWO/doc/93866/Pagel.asvx 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, Town Clerk, Custodian of the Records Renee Basel From: spgumm@mailmt.com Sent: Tuesday, June 03, 2014 2:59 PM To: Brooke Cupell Subject: Re: FW: Gulf Stream Levy Hi Brooke -There is still the issue of back billing on the parcel that was omitted in error. What is Bill doing on that? Thanks, Susan > Hi Susan, > In follow up to our conversation last week. I spoke to Bill and the > property owner requested that they be paid interest on the amount they > paid. Bill agreed to pay it so that there would not be an issue. So, > I will not need you to look into this any further. > Thank you, > Brooke Cupell > Senior Project Analyst > Willdan Financial Services > Celebrating 50 years of service > 1440 East Missouri Avenue, Suite C170 > Phoenix, Arizona 85014 > T. 602.395.7541 > F. 951.587.3510 > From: Bill Thrasher [mailto:bthresher@gulf-stream.org] > Sent: Tuesday, May 27, 2014 9:16 AM > To: Brooke Cupell > Subject: RE: Gulf Stream Levy > Brooke, > 20-43-46-03-13-000-0050; 355 Old School Road, paid up front but has > paid two years of tax assessments. The Town needs to refund them the > amount they paid, plus interest. (Why they paid the yearly > assessment amount is unknown). > 20-43-46-03-13-000-0060; 335 Old School Road, did not pay up front and > has not been making yearly assessment payments as the assessment did > not appear on their tax bill. The correct yearly assessment payment > should be added to the new tax roll. The Town will contact the owner > for reimbursement of the previous two year's assessment amounts > without interest. > Please calculate, if you agree, the appropriate interest to be refunded. > Bill > From: Brooke Cupell [mailto:cupelb@willdan.com] > Sent: Tuesday, May 27, 2014 10:52 AM > To: Bill Thrasher > Subject: RE: Gulf Stream Levy > Good morning Bill, > I have not submitted the tax roll yet, so we still have time to correct. > What are the parcel numbers? > Thank you, > Brooke Cupell > Senior Project Analyst > Willdan Financial Services > Celebrating 50 years of service > 1440 East Missouri Avenue, Suite C170 > Phoenix, Arizona 85014 > T. 602.395.7541 > F. 951.587.3510 > From: Bill Thrasher [mailto:bthrasher@gulf-stream.org] > Sent: Tuesday, May 27, 2014 6:48 AM > To: Brooke Cupell > Subject: RE: Gulf Stream Levy > It has been brought to our attention this morning that there is an > error on the tax roll. Is it too late to correct? One property was > marked paid and it should not have been. Another property was marked > as unpaid and made two years assessment payments. We need to refund > two years payments plus interest to the property owner as they have sold their home. > From: Brooke Cupell [mailto:cupelb@willdan.com] > Sent: Wednesday, May 14, 2014 2:42 PM > To: Bill Thrasher > Cc: Susan Schoettle; Rita Taylor > Subject: Gulf Stream Levy > Importance: High > Hi Bill, > Please find the attached FY1415 Gulf Stream levy for your approval. 2 > Please advise if you have any questions or changes. Once you approve, > please let me know and I will submit the levy to the County. > Thank you, > Brooke Cupell > Senior Project Analyst > Willdan Financial Services > Celebrating 50 years of service > 1440 East Missouri Avenue, Suite 0170 > Phoenix, Arizona 85014 > T. 602.395.7541 > F. 951.587.3510 Susan Schoettle-Gumm, PLLC 18099 Deer Prairie Drive Sarasota, FL 34240 Office 941-377-4948 Mobile 941-320-3054 3 Renee Basel From: Susan Schoettle <spgumm@mailmt.com> Sent: Tuesday, July 23, 2013 2:59 PM To: Freda Defosse Subject: RE: Town of Gulf Stream Thank you. Sorry for any bother. Susan Schoettle From: Freda Defosse [mailto:fdefosse@gulf-stream.org] Sent: Tuesday, July 23, 2013 2:47 PM To: spgumm@mailmt.com Subject: FW: Town of Gulf Stream Freda DeFosse Administrative Assistant Town of Gulf Stream From: Freda Defosse Sent: Friday, July 19, 2013 4:03 PM To: 'spgumm@mailmt.com' Cc: Rita Taylor Subject: Town of Gulf Stream Letter re: Margo Stahl Freda DeFosse Administrative Assistant Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Home: (561) 276-5116 FAX: (561) 737-0188 fdefosse PRu If-strea m.o re Renee Basel From: Susan Schoettle <spgumm@mailmt.com> Sent: Tuesday, September 03, 2013 10:04 AM To: Bill Thrasher Subject: RE: Bill - Thank you very much. Did you give him my name and contact information or should I try to contact him? Susan Susan Schoettle-Gumm, PLLC Attorney and Counselor at Law 18ogg Deer Prairie Drive Sarasota, FL 34240 Office 941-377-4948 Cell 941-320-3054 From: Bill Thrasher [mailto:bthrasher@gulf-stream.org] Sent: Tuesday, September 03, 2013 9:43 AM To: spgumm@mailmt.com Cc: dclark@lakeclarke.org Subject: Susan, The Town Administrator of Lake Clarke Shores, Palm Beach County, is working on a potential special assessment project for a new service main. He asked me who the Town used during our process and asked if I were happy and satisfied. Thus this email to you to see if you might be interested in working with him on a similar project as GS. Hope all is well. William H. Thrasher, ICMA-CM, CGFO, CGFM Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Office 561.276.5116 1 Fax 561.737.0188 Direct e-mail: bthrasher(a)oulf-stream.org Renee Basel From: Susan Schoettle <spgumm@mailmt.com> Sent: Monday, September 16, 2013 2:17 PM To: Bill Thrasher Cc: Rita Taylor Subject: RE: Recommendation letter for Habib Isaac and Susan Schoettle Thanks. I think there is one that was dated May 13, 2013 on Town letterhead. I'd love to have an electronic version of that if possible. Thanks again, Susan From: Bill Thrasher [mailto:bthrasher@gulf-stream.org] Sent: Monday, September 16, 2013 1:07 PM To: spgumm@mailmt.com Subject: FW: Recommendation letter for Habib Isaac and Susan Schoettle I found this in my efile. I will check with Rita upon her return from lunch. From: Susan Schoettle-Gumm [mailto:sogumm(almailmt.coml Sent: Friday, May 10, 2013 4:35 PM To: Bill Thrasher; Rita Taylor Cc: 'Habib Isaac' Subject: Recommendation letter for Habib Isaac and Susan Schoettle Hi Bill & Rita - Attached is a draft recommendation letter for your use. Please feel free to edit it in any way you choose. Habib has left Willdan and is now with Raftelis Financial Consultants. We are teaming together for some additional utilities undergrounding projects and would appreciate your written recommendation to help in the switch from Willdan. Please email your final letter to Habib at hisaac,, raftelis.com and send a copy to me as well. If you could drop a couple of original hard copies in the mail, I will make sure that Habib receives one. Thank you very much for your assistance. Please give me a call if you have any questions or concerns. Thank you, Susan Susan Schoettle-Gumm, PLLC Attorney & Counselor -at -Law Office 941-377-4948 Cell 941-320-3054 Email spgumm(crbmailmt.com 18099 Deer Prairie Drive, Sarasota, FL 32420 This message, together with any attachments, is intended only for the addressee. It may contain information which is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone (941-377-4948) or by return e-mail and delete the message, along with any attachments. Renee Basel From: spgumm@mailmt.com Sent: Tuesday, June 03, 2014 4:42 PM To: Brooke Cupell Subject: RE: FW: Gulf Stream Levy OK. So, he only wants to bill for the one year on this year's tax bill? > Hi Susan, > Bill said the Town is going to contact the property owner for payment. > Brooke Cupell > Senior Project Analyst > Willdan Financial Services > Celebrating 50 years of service > 1440 East Missouri Avenue, Suite C170 > Phoenix, Arizona 85014 > T. 602.395.7541 > F. 951.587.3510 > -----Original Message----- • From: spgumm@mailmt.com [mailto:spgumm@mailmt.comj > Sent: Tuesday, June 03, 2014 11:59 AM > To: Brooke Cupell > Subject: Re: FW: Gulf Stream Levy > Hi Brooke - There is still the issue of back billing on the parcel > that was omitted in error. What is Bill doing on that? Thanks, Susan >> Hi Susan, >> In follow up to our conversation last week. I spoke to Bill and the >> property owner requested that they be paid interest on the amount >> they paid. Bill agreed to pay it so that there would not be an issue. So, I will not need you to look into this any further. Thank you, >> Brooke Cupell Senior Project Analyst Willdan Financial Services >> Celebrating 50 years of service 1 >> 1440 East Missouri Avenue, Suite 0170 Phoenix, Arizona 85014 T. >> 602.395.7541 F. 951.587.3510 >> From: Bill Thrasher [mailto:bthrasher@gulf-stream.org] >> Sent: Tuesday, May 27, 2014 9:16 AM >> To: Brooke Cupell >> Subject: RE: Gulf Stream Levy >> Brooke, >> 20-43-46-03-13-000-0050; 355 Old School Road, paid up front but has >> paid two years of tax assessments. The Town needs to refund them the >> amount they paid, plus interest. (Why they paid the yearly >> assessment amount is unknown). >> 20-43-46-03-13-000-0060; 335 Old School Road, did not pay up front >> and has not been making yearly assessment payments as the assessment >> did not appear on their tax bill. The correct yearly assessment >> payment should be added to the new tax roll. The Town will contact >> the owner for reimbursement of the previous two year's assessment >> amounts without interest. >> Please calculate, if you agree, the appropriate interest to be refunded. >> Bill >> From: Brooke Cupell [mailto:cupelb@willdan.com] >> Sent: Tuesday, May 27, 2014 10:52 AM >> To: Bill Thrasher >> Subject: RE: Gulf Stream Levy >> Good morning Bill, >> I have not submitted the tax roll yet, so we still have time to correct. >> What are the parcel numbers? >> Thank you, >> Brooke Cupell >> Senior Project Analyst >> Willdan Financial Services >> Celebrating 50 years of service >> 1440 East Missouri Avenue, Suite 0170 Phoenix, Arizona 85014 T. >> 602.395.7541 F. 951.587.3510 >> From: Bill Thrasher [mailto:bthrasher@gulf-stream.org] >> Sent: Tuesday, May 27, 2014 6:48 AM >> To: Brooke Cupell >> Subject: RE: Gulf Stream Levy >> It has been brought to our attention this morning that there is an >> error on the tax roll. Is it too late to correct? One property was >> marked paid and it should not have been. Another property was marked >> as unpaid and made two years assessment payments. We need to refund >> two years payments plus interest to the property owner as they have >> sold their home. >> From: Brooke Cupell [mailto:cupelb@willdan.com] >> Sent: Wednesday, May 14, 2014 2:42 PM >> To: Bill Thrasher >> Cc: Susan Schoettle; Rita Taylor >> Subject: Gulf Stream Levy >> Importance: High >> Hi Bill, >> Please find the attached FY1415 Gulf Stream levy for your approval. >> Please advise if you have any questions or changes. Once you >> approve, please let me know and I will submit the levy to the County. >> Thank you, >> Brooke Cupell >> Senior Project Analyst >> Willdan Financial Services >> Celebrating 50 years of service >> 1440 East Missouri Avenue, Suite C170 Phoenix, Arizona 85014 T. >> 602.395.7541 F. 951.587.3510 > Susan Schoettle-Gumm, PLLC > 18099 Deer Prairie Drive > Sarasota, FL 34240 > Office 941-377-4948 > Mobile 941-320-3054 3 Renee Basel From: Randolph, John C. <1Randolph@jonesfoster.com> Sent: Tuesday, October 29, 2013 9:10 AM To: Nolan, Marcie Oppenheimer Cc: Bill Thrasher; spgumm@mailmt.com Subject: RE: update on the Gammon Special Assessment Marci, Thank you for copying me on your email to Susan, dated October 24, 2013. 1 am not sure what good it will do to set up a meeting to further discuss this issue. It is my understanding, at this point in the process, this matter is complete and cannot be reversed. JOHN C. RANDOLPH John C. Randolph Attorney Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 jrandolph@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 1 http://www.ionesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may 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. -----Original Message ----- From: Nolan, Marcie Oppenheimer [mailto:MNolan@bplegal.com] Sent: Thursday, October 24, 2013 4:03 PM To: 'spgumm@mailmt.com' Cc: Randolph, John C. Subject: RE: update on the Gammon Special Assessment I may have not stated myself clearly, I apologize. When we spoke I focused on the key fact that Margo Stahl and Jim Gammon came into Town Hall the day the parcels were combined, May 11th and provided a copy of the combined folios to Rita, in her official capacity as Town Clerk and asked her to make sure that the assessment reflected this new information. This was not done. I thought that you were going to ask Rita if she remembers taking in the document in question and what she did with it. I understand you are not in town hall so reaching her may be difficult. If you think it would be best, I will set up a meeting with the Town on this issue and see why the information was not provided to the consultant. Sincerely, Marcie Marcie Oppenheimer Nolan Attorney at Law Becker & Poliakoff, P.A. Emerald Lake Corporate Park 13111 Stirling Road I Fort Lauderdale, FL 33312-6525 Tel: 954.985.4135 1 Fax: 954.985.6814 1 MNolan@bplegal.com http://www.bplegal.com Visit http://www.p3exchange.com today! -----Original Message ----- From: spgumm@mailmt.com [mailto:spgumm@mailmt.comj Sent: Sunday, October 20, 2013 9:58 PM To: Nolan, Marcie Oppenheimer Cc: Randolph, John C. (JRandolph@jonesfoster.com) Subject: Re: update on the Gammon Special Assessment Marcie - In our last phone conversation, I stated that I had not seen any documents nor heard any facts from you that changed the opinion I provided in my July 29, 2013 letter to your colleague, Mr. Espino. I am attaching a copy of that letter. You asked me what the Gammons could do regarding a Town hearing on the annual budget and millage levy that they were unable to attend as it was on a Jewish holiday. I stated that they could, as always, send a written statement to the Town. I obtained a copy of the letter you submitted on behalf of the Gammons from the Town. You requested a hearing for the Gammons on the utility undergrounding assessments levied on their property. I have since told the Town Manager that I know of no requirement for the Town to provide a hearing at this time on this matter. I am not aware of any action being considered by the Town regarding the Gammon's concerns about their utility undergrounding assessments. Sincerely, Susan Schoettle-Gumm Susan Schoettle-Gumm, PLLC 18099 Deer Prairie Drive Sarasota, FL 34240 Office 941-377-4948 Mobile 941-320-3054 > Hello Skip and Susan, > I hope all is well. When last we spoke Susan was going to call over > to the Town and speak with Mr. Thrasher and Rita on whether or not > they received the Gammons combined folio paperwork before the final hearing. > They have stated that they gave it to Rita and spoke with her about > the fact the assessment would now be reflected to be one unit, not > three. I know Susan has other issues, but obviously there is a > fairness issue here as well. > Please let me know how this is going. > They are really good people who tried to do the right thing. > Sincerely, > Marcie > [Becker & Poliakoff]<http://www.becker-poliakoff.com/> > Marcie Oppenheimer Nolan > Attorney at Law > Emerald Lake Corporate Park > 3111 Stirling Road > Fort Lauderdale, FL 33312-6525 > 954.985.4135 Phone > 954.985.6814 Fax > MNolan@bplegal.com<mailto:MNolan@bplegal.com> > http://www.bplegal.com<http://www.bplegal.com> > http://www.p3exchange.com > Our clients' total satisfaction is our #1 priority. The Becker & > Poliakoff Client CARE Center is available for questions, concerns and > suggestions. Please contact us at 954.364.6090 or via email at > CARE@bpiegal.com<http://>. 3 Renee Basel From: spgumm@mailmt.com Sent: Sunday, October 20, 2013 9:58 PM To: Nolan, Marcie Oppenheimer Cc: Randolph, John C. (JRandolph@jonesfoster.com) Subject: Re: update on the Gammon Special Assessment Attachments: Gammon - Ltr to Espino w Becker&Poliakoff 7-29-13-signed.pdf Marcie - In our last phone conversation, I stated that I had not seen any documents nor heard any facts from you that changed the opinion I provided in my July 29, 2013 letter to your colleague, Mr. Espino. 1 am attaching a copy of that letter. You asked me what the Gammons could do regarding a Town hearing on the annual budget and millage levy that they were unable to attend as it was on a Jewish holiday. I stated that they could, as always, send a written statement to the Town. I obtained a copy of the letter you submitted on behalf of the Gammons from the Town. You requested a hearing for the Gammons on the utility undergrounding assessments levied on their property. I have since told the Town Manager that I know of no requirement for the Town to provide a hearing at this time on this matter. I am not aware of any action being considered by the Town regarding the Gammon's concerns about their utility undergrounding assessments. Sincerely, Susan Schoettle-Gumm Susan Schoettle-Gumm, PLLC 18099 Deer Prairie Drive Sarasota, FL 34240 Office 941-377-4948 Mobile 941-320-3054 > Hello Skip and Susan, > I hope all is well. When last we spoke Susan was going to call over > to the Town and speak with Mr. Thrasher and Rita on whether or not > they received the Gammons combined folio paperwork before the final hearing. > They have stated that they gave it to Rita and spoke with her about > the fact the assessment would now be reflected to be one unit, not > three. I know Susan has other issues, but obviously there is a > fairness issue here as well. > Please let me know how this is going. > They are really good people who tried to do the right thing. > Sincerely, > Marcie > [Becker & Poliakoff]<httP://www.becker-poliakoff.com/> > Marcie Oppenheimer Nolan > Attorney at Law > Emerald Lake Corporate Park > 3111 Stirling Road > Fort Lauderdale, FL 33312-6525 > 954.985.4135 Phone > 954.985.6814 Fax > MNola n@bplegal.com<mailto:MNolan@bplegal.com> > http://www.bplegal.com<httP:Hwww.bplegal.com> > http://www.p3exchange.com > Our clients' total satisfaction is our #1 priority. The Becker & > Poliakoff Client CARE Center is available for questions, concerns and > suggestions. Please contact us at 954.364.6090 or via email at > CARE@bplegal.com<http://>. 2 Renee Basel From: Susan Schoettle <spgumm@mailmt.com> Sent: Tuesday, July 30, 2013 9:31 AM To: DEspino@becker-poliakoff.com Cc: Randolph, John C.; Bill Thrasher, Rita Taylor, Nolan, Marcie Oppenheimer Subject: Town of Gulf Stream Undergrounding Assessments on Gammon condominiums Attachments: Gammon - Ltr to Espino w Becker&Poliakoff 7-29-13-signed.pdf Dear Mr. Espino - Attached please find a response to your letter to John Randolph, Town Attorney for the Town of Gulf Stream, regarding the Town's Undergrounding Assessments imposed on condominium units owned by the Gammons. Please feel free to contact me if you have questions or want to discuss this matter further. Sincerely, Susan Schoettle-Gumm Susan Schoettle-Gumm, PLLC Attorney and Counselor at Law 18ogg Deer Prairie Drive Sarasota, FL 34240 Office 941-377-4948 Cell 941-320-3054 Renee Basel From: Susan Schoettle <spgumm@mailmt.com> Sent: Tuesday, July 09, 2013 11:14 AM To: 'Randolph, John C.' Subject: RE: MARK E. RAYMOND Thank you. Susan From: Randolph, John C.[mailto:JRandolph@jonesfoster.com] Sent: Tuesday, July 09, 2013 10:21 AM To: Susan Schoettle-Gumm Subject: FW: MARK E. RAYMOND Attached is Mark Raymond's contact information. Sally JONES FOSTER -)OINSIox&S I Lam. 11,4. Sally Matias Secretary to John C. 1Lindolph and 11. bfiehael Easley Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 smadasO'onesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center''ower, 505 South Flaglcr Drive, Suite 11011, \\ cst Palm Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. 11iis email is personal to the named recipicnt(s) and may be privileged and confidential. If you are not the intended recipient, 1-ou 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. SUSAN SCHOETTLE-GUMMA PLLC A=RNEY-AT-I Aw July 29, 2013 VIA EMAIL Daniel A. Espino, Attorney Becker & Poliakoff Emerald Lake Corporate Park 3111 Stirling Road Fort Lauderdale, FL 33312 RE: Utility Undergrounding Assessments imposed by Town of Gulf Stream on property owned by James Gammon and Margo Stahl (Units 412, 414 & 415, Gulfstream Shores Condominiums) Dear Mr. Espino, John Randolph, City Attorney for the Town of Gulf Stream, asked me to respond to your inquiry regarding the Town of Gulf Stream Utility Undergrounding Assessments imposed on property owned by James Gammon and Margo Stahl (husband and wife), specifically Units 412, 414 and 415 at 3851 N. Ocean in the Gulfstream Shores Condominiums. You have requested, on behalf of Mr. and Mrs. Gammon, that the assessments for Units 412, 414 and 415 for the utility undergrounding project be reduced based on the "Unity of Title" the Gammons obtained in May, 2011. I have assumed that this fact as stated in your letter is correct; however, the referenced attachment, Unity of Title, was not attached to the letter received by the Town Attorney or the Town Manager. Nevertheless, the Gammon's property, consisting of three condominium units, are properly being assessed under the Utility Undergrounding Assessment program adopted by the Town and validated by the courts under Florida Statutes Chapter 75. The Town of Gulf Stream has adopted and validated non -ad valorem assessments to fund an infrastructure project to underground overhead utilities in a large portion of the Town. The process for adoption and imposition of the Undergrounding Assessments was lengthy and afforded many opportunities for public comment and input on the project, the assessment methodology and the assessments proposed for individual properties. In fact, modifications were made to the assessment mL-thodology and the assessment roll during the process based on information provided by the public and property owners. Public input was accepted at Town Commission meetings as well as at advertised public hearings on 18099 DEER PRAIRIE DRIVE, SARASOTA, FLORIDA 34240 PHONE 941.377.4948 FAX 941.371.8317 Page 2 July 28, 2013 Daniel A. Espino, Esq. Becker & Poliakoff on specific assessment resolutions. In addition, the owner of each assessed parcel received mailed notice of the specific assessment proposed for their parcel(s) with the date and time of the public hearing for consideration of the assessments. During the course of consideration of the Undergrounding Assessments, the Town Commission specifically heard public comment and input on the proposed assessments on May 13, 2011 prior to adoption of Resolution No 011-09 and on June 30, 2011 at the public hearing prior to adoption of Resolution Nos. 011-11 and 011-12. The Utility Undergrounding Assessments finally approved by the Town Commission on June 30, 2011 established the Undergrounding Assessments as a lien on each assessed parcel as identified by parcel control numbers provided by the Palm Beach County Property Appraiser. Because the Town intended to, and subsequently did, borrow funds for the Utility Undergrounding Project to be repaid from the Undergrounding Assessment revenue, the Town validated its loan and the assessments under F.S. Chapter 75. The certainty provided by the bond validation process for the assessment revenue stream was an important factor in the Town's decision to borrow funds. After an Order to Show Cause issued on August 26, 2011, publication of notice of the bond validation proceeding and the validation hearing, an order validating the Town's assessments and borrowing was issued on November 29, 2011. Pursuant to Florida Statutes, the effect of a bond validation is as follows: 75.09 Effect of final judgment.—If the judgment validates such bonds, certificates or other obligations, which may include the validation of the county, municipality, taxing district, political district, subdivision, agency, instrumentality or other public body itself and any taxes, assessments or revenues affected, and no appeal is taken within the time prescribed, or if taken and the judgment is affirmed, such judgment is forever conclusive as to all matters adjudicated against plaintiff and all parties affected thereby, including all property owners, taxpayers and citizens of the plaintiff, and all others having or claiming any right, title or interest in property to be affected by the issuance of said bonds, certificates or other obligations, or to be affected in any way thereby, and the validity of said bonds, certificates or other obligations or of any taxes, assessments or revenues pledged for the payment thereof, or of the proceedings authorizing the issuance thereof, including any remedies provided for their collection, shall never be called in question in any court by any person or party. [emphasis added] 18099 DEER PRAIRIE DRIVE, SARASOTA, FLORIDA 34240 PHONE 941+377#4948 FAX 941#371+8317 Page 3 July 28, 2013 Daniel A. Espino, Esq. Becker & Poliakoff No appeals of the court's Order were filed, and the time for appeal of the bond validation is clearly past at this point. Thus, the Undergrounding Assessments approved in the bond validation proceeding are final. Your reference to Florida AGO 94-13 does not provide a basis for any change to the Gammon's assessments. It is clear from the Resolutions that the Undergrounding Assessments were adopted, established, and attached as a lien on each assessed parcel upon the Town Commission's approval of Resolution No. 011-11 with payment allowed in installments with interest and administrative costs, if not prepaid on or before November 1, 2011. Thus, these assessments are the type discussed in Fl, AGO 94-13 where the lien attached to the property is the full assessment allowed to be collected in annual installments under F.S. §197.3632 and are not separate assessments imposed independently each year. The Gammons own three condominium units that remain separate, divisible units under the condominium declarations of the Gulfstream Shores Condominium Association. The "unity of title" they obtained in order to receive one tax bill can be reversed upon application to the Palm Beach County Property Appraiser. The ad valorem tax bill for the units reflects an aggregation of the taxable value for the three units now billed under a parcel control number attached to Unit 412. The Undergrounding Assessments have similarly been aggregated on the bill for Unit 412. The garbage assessment, which is an annual assessment for services in contrast to the Undergrounding Assessment, appears to have been reduced based on the occupancy of the units. It may be suitable for an annual services assessment to be based on the probable occupancy of the three units as one unit. But that services assessment would certainly be modified to charge each of the three units separately should the Gammons separate the units in the future. Such modifications are possible and appropriate with an annual services assessment but not possible or appropriate for an adopted lien for a capital improvements project. Under the Town's adopted Undergrounding Assessment methodology, each condominium unit owned by the Gammon's was properly assessed. The Unity of Title obtained by the Gammons to merge the three units onto one tax bill does not affect the appropriateness of the adopted and validated Undergrounding Assessments. It is appropriate and correct that the Undergrounding assessments adopted and imposed on Units 412, 414 and 415 are now aggregated on the tax/assessment bill for Unit 412. 18099 DEER PRAIRIE DRIVE, SARASOTA, FLORIDA 34240 PHONE 941.377.4948 F,vc 941.371.8317 Page 4 July 28, 2013 Daniel A. Espino, Esq. Becker & Poliakoff A November 26, 2012 letter from Margo Stahl (Mrs. Gammon) to the Palm Beach County Tax Collector provided to me by the Town of Gulf Stream refers to two other condominium units in the Gulfstream Shores Condominiums that she states are charged as a single condominium. I have not fully researched the facts related to Units 214 and 215, but based on information available from the Palm Beach County Property Appraiser at the time of preparation of the assessment roll, it may not have been clear that the property control number for Unit 214 included two condominiums. However, given the status of the Undergrounding Assessments and the validation as discussed above, the Undergrounding Assessment for Units 214/215 will not be changed at this time. In the same letter to the Tax Collector, Mrs. Gammon mentions paying only one-third of the Undergrounding Assessment that was on the 2012 Tax Bill. However, the online records of the Palm Beach County Tax Collector indicate that the 2012 property tax bill was paid in full, including the aggregated Undergrounding Assessment for Units 412, 414 and 415. The 2013 property tax bill for Unit 412 will similarly contain a Town of Gulf Stream Undergrounding Assessment reflecting the aggregated assessment for Units 412, 414 and 415. Please feel free to contact me if you want to discuss this matter further. Sincerely, SPS Susan Schoettle-Gumm cc: John C. Randolph, Town Attorney William Thrasher, Town Manager Rita Taylor, Town Clerk 18099 DEER PRAIRIE DRIVE, SAP AsoTA, FLORIDA 34240 PHONE 941+377#4948 PAx 941#371#8317 Renee Basel From: Matias, Sally <SMatias@jonesfoster.com> Sent: Thursday, January 29, 1998 9:52 AM Subject: MARK E. RAYMOND Renee Basel From: Randolph, John C. <JRandolph@jonesfoster.com> Sent: Tuesday, July 09, 2013 10:21 AM To: Susan Schoettle-Gumm Subject: FW: MARK E. RAYMOND Attachments: MARK E. RAYMOND Attached is Mark Raymond's contact information. Sally JONESFOSTER Sally Matias Secretary to John C. Randolph and 11. Michael I :aslct Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 smatias,'onesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Hagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may 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. 1f so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. SUSAN SCHOETTLE-GUMMA PLLC ATTORNEY -AT-LAW July 29, 2013 VIA EMAIL Daniel A. Espino, Attorney Becker & Poliakoff Emerald Lake Corporate Park 3111 Stirling Road Fort Lauderdale, FL 33312 RE: Utility Undergrounding Assessments imposed by Town of Gulf Stream on property owned by James Gammon and Margo Stahl (Units 412, 414 & 415, Gulfstream Shores Condominiums) Dear Mr. Espino, John Randolph, City Attorney for the Town of Gulf Stream, asked me to respond to your inquiry regarding the Town of Gulf Stream Utility Undergrounding Assessments imposed on property owned by James Gammon and Margo Stahl (husband and wife), specifically Units 412, 414 and 415 at 3851 N. Ocean in the Gulfstream Shores Condominiums. You have requested, on behalf of Mr. and Mrs. Gammon, that the assessments for Units 412, 414 and 415 for the utility undergrounding project be reduced based on the "Unity of Title" the Gammons obtained in May, 2011. I have assumed that this fact as stated in your letter is correct; however, the referenced attachment, Unity of Title, was not attached to the letter received by the Town Attorney or the Town Manager. Nevertheless, the Gammon's property, consisting of three condominium units, are properly being assessed under the Utility Undergrounding Assessment program adopted by the Town and validated by the courts under Florida Statutes Chapter 75. The Town of Gulf Stream has adopted and validated non -ad valorem assessments to fund an infrastructure project to underground overhead utilities in a large portion of the Town. The process for adoption and imposition of the Undergrounding Assessments was lengthy and afforded many opportunities for public comment and input on the project, the assessment methodology and the assessments proposed for individual properties. In fact, modifications were made to the assessment methodology and the assessment roll during the process based on information provided by the public and property owners. Public input was accepted at Town Commission meetings as well as at advertised public hearings on 18099 DEER PRAIRIE DRIVE, SARAsoTA, FLORIDA 34240 PHONE 941.377.4948 FAX 941.371.8317 Page 2 July 28, 2013 Daniel A. Espino, Esq. Becker & Poliakoff on specific assessment resolutions. In addition, the owner of each assessed parcel received mailed notice of the specific assessment proposed for their parcel(s) with the date and time of the public hearing for consideration of the assessments. During the course of consideration of the Undergrounding Assessments, the Town Commission specifically heard public comment and input on the proposed assessments on May 13, 2011 prior to adoption of Resolution No 011-09 and on June 30, 2011 at the public hearing prior to adoption of Resolution Nos. 011-11 and 011-12. The Utility Undergrounding Assessments finally approved by the Town Commission on June 30, 2011 established the Undergrounding Assessments as a lien on each assessed parcel as identified by parcel control numbers provided by the Palm Beach County Property Appraiser. Because the Town intended to, and subsequently did, borrow funds for the Utility Undergrounding Project to be repaid from the Undergrounding Assessment revenue, the Town validated its loan and the assessments under F.S. Chapter 75. The certainty provided by the bond validation process for the assessment revenue stream was an important factor in the Town's decision to borrow funds. After an Order to Show Cause issued on August 26, 2011, publication of notice of the bond validation proceeding and the validation hearing, an order validating the Town's assessments and borrowing was issued on November 29, 2011. Pursuant to Florida Statutes, the effect of a bond validation is as follows: 75.09 Effect of final judgment.—If the judgment validates such bonds, certificates or other obligations, which may include the validation of the county, municipality, taxing district, political district, subdivision, agency, instrumentality or other public body itself and any taxes, assessments or revenues affected, and no appeal is taken within the time prescribed, or if taken and the judgment is affirmed, such judgment is forever conclusive as to all matters adjudicated against plaintiff and all parties affected thereby, including all property ownerstaxpayers and citizens of the plaintiff, and all others having or claiming any right, title or interest in property to be affected by the issuance of said bonds, certificates or other obligations, or to be affected in any way thereby, and the validity of said bonds, certificates or other obligations or of any taxes, assessments or revenues pledged for the payment thereof, or of the proceedings authorizing the issuance thereof, including any remedies provided for their collection, shall never be called in question in any court by any person or party. [emphasis added] 18099 DEER PRAIRIE DRIVE, SARASOTA, FLORIDA 34240 PHONE 941.377.4948 FAX 941.371.8317 Page 3 July 28, 2013 Daniel A. Espino, Esq. Becker & Poliakoff No appeals of the court's Order were filed, and the time for appeal of the bond validation is clearly past at this point. Thus, the Undergrounding Assessments approved in the bond validation proceeding are final. Your reference to Florida AGO 94-13 does not provide a basis for any change to the Gammon's assessments. It is clear from the Resolutions that the Undergrounding Assessments were adopted, established, and attached as a lien on each assessed parcel upon the Town Commission's approval of Resolution No. 011-11 with payment allowed in installments with interest and administrative costs, if not prepaid on or before November 1, 2011. Thus, these assessments are the type discussed in FL AGO 94-13 where the lien attached to the property is the full assessment allowed to be collected in annual installments under F.S. §197.3632 and are not separate assessments imposed independently each year. The Gammons own three condominium units that remain separate, divisible units under the condominium declarations of the Gulfstream Shores Condominium Association. The "unity of title" they obtained in order to receive one tax bill can be reversed upon application to the Palm Beach County Property Appraiser. The ad valorem tax bill for the units reflects an aggregation of the taxable value for the three units now billed under a parcel control number attached to Unit 412. The Undergrounding Assessments have similarly been aggregated on the bill for Unit 412. The garbage assessment, which is an annual assessment for services in contrast to the Undergrounding Assessment, appears to have been reduced based on the occupancy of the units. It may be suitable for an annual services assessment to be based on the probable occupancy of the three units as one unit. But that services assessment would certainly be modified to charge each of the three units separately should the Gammons separate the units in the future. Such modifications are possible and appropriate with an annual services assessment but not possible or appropriate for an adopted lien for a capital improvements project. Under the Town's adopted Undergrounding Assessment methodology, each condominium unit owned by the Gammon's was properly assessed. The Unity of Title obtained by the Gammons to merge the three units onto one tax bill does not affect the appropriateness of the adopted and validated Undergrounding Assessments. It is appropriate and correct that the Undergrounding assessments adopted and imposed on Units 412, 414 and 415 are now aggregated on the tax/assessment bill for Unit 412. 18099 DEER PRAIRIE DRIVE, SARASOTA, FLORIDA 34240 PHONE 941.377.4948 FAx 941.371.8317 Page 4 July 28, 2013 Daniel A. Espino, Esq. Becker & Poliakoff A November 26, 2012 letter from Margo Stahl (Mrs. Gammon) to the Palm Beach County Tax Collector provided to me by the Town of Gulf Stream refers to two other condominium units in the Gulfstream Shores Condominiums that she states are charged as a single condominium. I have not fully researched the facts related to Units 214 and 215, but based on information available from the Palm Beach County Property Appraiser at the time of preparation of the assessment roll, it may not have been clear that the property control number for Unit 214 included two condominiums. However, given the status of the Undergrounding Assessments and the validation as discussed above, the Undergrounding Assessment for Units 214/215 will not be changed at this time. In the same letter to the Tax Collector, Mrs. Gammon mentions paying only one-third of the Undergrounding Assessment that was on the 2012 Tax Bill. However, the online records of the Palm Beach County Tax Collector indicate that the 2012 property tax bill was paid in full, including the aggregated Undergrounding Assessment for Units 412, 414 and 415. The 2013 property tax bill for Unit 412 will similarly contain a Town of Gulf Stream Undergrounding Assessment reflecting the aggregated assessment for Units 412, 414 and 415. Please feel free to contact me if you want to discuss this matter further. Sincerely, SPS Susan Schoettle-Gumm cc: John C. Randolph, Town Attorney William Thrasher, Town Manager Rita Taylor, Town Clerk 18099 DEER PRAIRIE DRIVE, SARASOTA, FLORIDA 34240 PHONE 941.377.4948 rAx 941.371.8317 Renee Basel From: Susan Schoettle <spgumm@mailmt.com> Sent: Monday, July 08, 2013 4:23 PM To: Randolph, John C. Cc: smatias@jonesfoster.com Subject: Gulf Stream Undergrounding Assessments - Gammon letter Skip - Do you have a file copy of the final order approving the assessments in the bond validation on the Gulf Stream Utility Undergrounding Assessments? If so, would you please forward it to me? Rita Taylor thought she had it but it was only the order to show cause. I have not been able to locate it in my files either. If not, could you please send me Mark Raymond's email address? I have not yet successfully reloaded my emails and contacts since my computer died. Your assistance is greatly appreciated. Thank you, Susan Susan Schoettle-Gumm, PLLC Attorney and Counselor at Law 18ogg Deer Prairie Drive Sarasota, FL 34240 Office 941-377-4948 Cell 941-320-3054 Renee Basel From: Susan Schoettle <spgumm@mailmt.com> Sent: Monday, July 08, 2013 4:23 PM To: Randolph, John C. Cc: smatias@jonesfoster.com Subject: Gulf Stream Undergrounding Assessments - Gammon letter Skip - Do you have a file copy of the final order approving the assessments in the bond validation on the Gulf Stream Utility Undergrounding Assessments? If so, would you please forward it to me? Rita Taylor thought she had it but it was only the order to show cause. I have not been able to locate it in my files either. If not, could you please send me Mark Raymond's email address? I have not yet successfully reloaded my emails and contacts since my computer died. Your assistance is greatly appreciated. Thank you, Susan Susan Schoettle-Gumm, PLLC Attorney and Counselor at Law 18ogg Deer Prairie Drive Sarasota, FL 34240 Office 941-377-4948 Cell 941-320-3054 Renee Basel From: Susan Schoettle <spgumm@mailmt.com> Sent: Friday, July 05, 2013 5:46 PM To: 'Randolph, John C.' Subject: RE: Gulfstream Special assessment Skip - Sorry for the delay in my response to Marcie. My computer crashed, and I have been working to get a new computer set up. I am now up and running. I will be in touch with Marcie on Monday. Hope you had a nice 4`h of July. Thanks, Susan Schoettle Susan Schoettle-Gumm, PLLC Attorney and Counselor at Law 18ogg Deer Prairie Drive Sarasota, FL 34240 Office 941-377-4948 Cell941-320-3054 From: Randolph, John C. [mailto:]Randolph@jonesfoster.com] Sent: Friday, July 05, 2013 1:53 PM To: Susan Schoettle-Gumm Subject: FW: Gulfstream Special assessment Please see attached. Call me if you need to talk about this. Otherwise, please contact Marcie Nolan. Thank you. John C. Randolph Attorney Direct Dial: 561.650.0458 1 Far-: 561.650.5300 1 irandolph2jonesfoster.com Hagler Center Tower, 505 South Hagler Drive, Suite 1 I OU, l\ est Palm Beach, Plorida 33401 561-659-3000 1 www.jonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be refied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emads are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If Vou are not the intended recipient, you received this in error. If so, an�� review, dissemination, or copying of this email is prohibited. Please immediately noufr us by email and delete the original message. From: Nolan, Marcie Oppenheimer [mailto:MNolan(olbecker-poliakoff.coml Sent: Friday, July 05, 2013 1:45 PM To: Randolph, John C. Subject: RE: Gulfstream Special assessment Skip, Happy day after the 4th. I have not heard from Susan. Have you? Thanks. Marcie Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE(a)becker- poliakoff.com. From: Randolph, John C. [mailto:]Randolph(al onesfoster.coml Sent: Tuesday, June 25, 2013 11:20 AM To: Nolan, Marcie Oppenheimer Subject: RE: Gulfstream Special assessment Susan Schoettle-Gumm spgumm(o)mailmt.com Sally JONESFOSTER -lounsaoc n sri tins. e.:t, Sally Matias Secretary to Jahn C. Randolph and Fl. Michael Easlci Direct Dial: 561.650.0458 1 Pax: 561.650.5300 1 smadasRionesfoster.eom Jones, Poster, Johnston & Stubbs, P.A. Plagler Center Tower, 505 South hlagler Drive, Suite 1100, A\ esi Palm Beach, I lorida 33401 561-659-3000 1 www.jonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid Penalties that may be imposed by the Internal Revenue Service. Incoming entails are filtered which may delay receipt. 'Ibis email is personal to the named recipicnt(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 notifv us by email and delete the original message. From: Nolan, Marcie Oppenheimer rmailto:MNolan(�i)becker-ooliakoff.coml Sent: Tuesday, June 25, 2013 10:56 AM To: Randolph, John C. Subject: FW: Gulfstream Special assessment FYI — it bounced back as a bad email address. Do you have another one for Susan. Thanks, Marcie Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE(cbbecker- poliakoff.com. From: Nolan, Marcie Oppenheimer Sent: Tuesday, June 25, 2013 10:54 AM To: 'spgumm@mindspring.com' Cc: Espino, Daniel; 'jrandolph@jones-foster.com' Subject: Gulfstream Special assessment Susan, I hope this email finds you well. I just spoke with Skip Randolph regarding a letter we sent to the Town on behalf of Jim and Margo Gannon regarding their special assessment amount. He mentioned it had been sent over to you as special counsel on this assessment. Please let me know if you have had time to review the matter. Please let me know if you have any questions. Sincerely, Marcie Nolan Renee Basel From: Randolph, John C. <1Randolph@jonesfoster.com> Sent: Friday, July 05, 2013 1:53 PM To: Susan Schoettle-Gumm Subject: FW: Gulfstream Special assessment Please see attached. Call me if you need to talk about this. Otherwise, please contact Marcie Nolan. Thank you. John C. Randolph Attomey Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 jrandolphajonesfoster.com Flagler Center lower, 505 South Tlagler Drive, Suite 1100, \Fest Palm Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com U.S. "Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming ctnails are Filtered which may 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: Nolan, Marcie Oppenheimer [mailto:MNolan@becker-poliakoff.com] Sent: Friday, July 05, 2013 1:45 PM To: Randolph, John C. Subject: RE: Gulfstream Special assessment Skip, Happy day after the 4". I have not heard from Susan. Have you? Thanks. Marcie Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE(ba becker- noliakoff.com. From: Randolph, John C. [mailto:]Randolph@jonesfoster.com] Sent: Tuesday, June 25, 2013 11:20 AM To: Nolan, Marcie Oppenheimer Subject: RE: Gulfstream Special assessment Susan Schoettle-Gumm spgummna mailmt.com Sally JONESFOSTER Jun!srtnu ec srUnas, ra. Sally Matias Secretary to John C. Randolph and H. Michael I-aslcy Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 smatias _ 'onesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Hagler Center Tower, 503 South Hagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 1 www.ionesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may 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: Nolan, Marcie Oppenheimer [mailto:MNolan@becker-ooliakoff.coml Sent: Tuesday, June 25, 2013 10:56 AM To: Randolph, John C. Subject: FW: Gulfstream Special assessment FYI — it bounced back as a bad email address. Do you have another one for Susan. Thanks, Marcie Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE(a)becker- poliakoff.com. From: Nolan, Marcie Oppenheimer Sent: Tuesday, June 25, 2013 10:54 AM To: 'spgumm@mindspring.com' Cc: Espino, Daniel; 'jrandolph@jones-foster.com' Subject: Gulfstream Special assessment Susan, I hope this email finds you well. I just spoke with Skip Randolph regarding a letter we sent to the Town on behalf of Jim and Margo Gannon regarding their special assessment amount. He mentioned it had been sent over to you as special counsel on this assessment. Please let me know if you have had time to review the matter. Please let me know if you have any questions. Sincerely, Marcie Nolan Renee Basel From: Nolan, Marcie Oppenheimer <MNolan@becker-poliakoff.com> Sent: Wednesday, June 26, 2013 8:39 AM To: 'spgumm@mailmt.com' Cc: Randolph, John C. Subject: Gulfstream Special assessment Susan, I hope this email finds you well. I just spoke with Skip Randolph regarding a letter we sent to the Town on behalf of Jim and Margo Gannon regarding their special assessment amount. He mentioned it had been sent over to you as special counsel on this assessment. Please let me know if you have had time to review the matter. Please let me know if you have any questions. Sincerely, Marcie Nolan Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE(abbecker- poliakoff.com. Renee Basel From: Randolph, John C. <jrandolph@jonesfoster.com> Sent: Tuesday, June 25, 2013 2:10 PM To: Susan Schoettle-Gumm Subject: James Gammon and Margo Stahl, 3851 N. Ocean Blvd., Apt. 412 (414& 415), Gulf Stream Susan, Marci Nolan has called me to inquire as to how we are coming with our response relating to her inquiry on behalf of her clients. I advised her that you were handling this matter, so expect a call or an email from her. JOHN C. RANDOLPH JONESFOSTER —--- --JUIIVyIU\p:$I e'1IM RA John C. Randolph Attorney Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 irandolnh(a ionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. I'lagler Center Tower, 505 South Plagler Drive, Suite 1100, \\ crct Palm Beach, I lorida 33401 561-659-3000 1 www.jonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. 'nils 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. Renee Basel From: Susan Schoettle-Gumm <spgumm@mailmt.com> Sent: Tuesday, June 11, 2013 2:20 PM To: Randolph, John C. Subject: RE: Letter to Gulf Stream (c -o JRandolph) re Gammon Property.PDF Dear Skip - I am following up on this and some other isses with Bill Thrasher, Danny Brannon and Willdan. I will bring you up to speed as soon as I collect more information. Please feel free to give me a call in the meantime if you have any questions or concems. Thanks, Susan Susan Schoettle-Gumm, PLLC Attorney & Counselor -at -Law Office 941-377-4948 Cell 941-320-3054 Email sneummQmailmt.com 18099 Deer Prairie Drive, Sarasota, FL 32420 This message, together with any attachments, is intended only for the addressee. It may contain information which is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone (941-377-4948) or by return e-mail and delete the message, along with any attachments. From: Randolph, John C. [mailto:]Randolph@jonesfoster.coml Sent: Friday, June 07, 2013 10:15 AM To: Susan Schoettle-Gumm Cc: 'Bill Thrasher' (bthrasher@gulf-stream.org) Subject: FW: Letter to Gulf Stream (c -o JRandolph) re Gammon Property.PDF Dear Susan, Please see the attached letter. This looks like it is more up your alley than mine. If that is not the case please advise and, otherwise, please advise me as to how we should respond to this letter. Thank you. JOHN C. RANDOLPH JONESFOSTER An(V John C. Randolph Attomek Direct Dial: 561.650.0458 1 l ax561.650.5300 I irandolph(@,,jonesfosteccom Jones, Foster, Johnston & Stubbs, P.A. Flagler Center'1'ower, 505 South Flagler Drive, Suite 1100, Rest Palm Beach, Florida 33401 561-659-3000 1 www.ionesfoster.com U.S. Treasure Regulation Circular 230 requires us to advise you that \critten communications issued by us are not intended to be and cannot be relied upon to geoid penalties that may be imposed be the Internal Revenue Sentiee Incoming entails are filtered which may delay receipt. 'Ihis email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, "y ou received this in error. if so, any review, dissemination, or copying of this email is prohibited. Please immediately notfv us by email and delete the original message. From: Randolph, John C. Sent: Friday, June 07, 2013 8:49 AM To: 'Susan Schoettle-Gumm' Cc: 'Rita Taylor'; dbrannon@bngengineers.com; 'Bill Thrasher' Subject: RE: Letter to Gulf Stream (c -o JRandolph) re Gammon Property.PDF Attached is the letter. JONESFOSTER Sally Matias Secretary to John C. Randolph and 11. Nfichael Basler Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 smatias(,jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center lower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may 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: Susan Schoettle-Gumm [mailto:spgumm(@mailmt.coml Sent: Thursday, June 06, 2013 5:16 PM To: Randolph, John C. Cc: 'Rita Taylor'; dbrannon(a)bngengineers.com; 'Bill Thrasher' Subject: RE: Letter to Gulf Stream (c -o JRandolph) re Gammon Property.PDF Skip - The attachment (evidencing "unity of title") referred to in the letter to you from Becker & Poliakoff did not come through with your email as forwarded to me from Bill Thrasher. Would you please send that attachment to me when it is convenient? Thanks, Susan Susan Schoettle-Gumm, PLLC Attorney & Counselor -at -Law Office 941-377-4948 Cell 941-320-3054 Email soaumm@mailmt.com 18099 Deer Prairie Drive, Sarasota, Fl. 32420 This message, together with any attachments, is intended only for the addressee. It may contain information which is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone (941-377-4948) or by return e-mail and delete the message, along with any attachments. From: Bill Thrasher [mailto:bthrasher(aoulf-stream.orol Sent: Thursday, June 06, 2013 2:03 PM To: dbrannonCalbnaenoineers.com; spoumm@mailmt.com Cc: Rita Taylor Subject: FW: Letter to Gulf Stream (c -o JRandolph) re Gammon Property.PDF Danny and Susan, Can either of you give information to us that may be useful in disputing their claim? Please acknowledge receipt of this letter even if you don't have an answer or information at this time. Thank you, Bill Thrasher From: Randolph, John C. [mailto:JRandolph(&ionesfoster.coml Sent: Thursday, June 06, 2013 1:22 PM To: Bill Thrasher; Rita Taylor Subject: FW: Letter to Gulf Stream (c -o ]Randolph) re Gammon Property.PDF Please see the attached in the event you have not received a copy. JOHN C. RANDOLPH JONESFOSTER John C. Randolph Attorney DircctDial: 561.650.0458 1 Fax: 561.650.5300 irandolph(a�jonesfostcr.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Ccntcr'fower, 505 South Hagler Drive, Suite 1100, \\ est Palm Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may 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, amv review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Espino, Daniel (mailto:DEspino( becker-ooliakoff.coml Sent: Tuesday, June 04, 2013 2:48 PM To: Randolph, John C. Cc: Nolan, Marcie Oppenheimer Subject: Letter to Gulf Stream (c -o JRandolph) re Gammon Property.PDF Mr. Randolph, My firm and I represent Mr. and Mrs. Gammon who reside at 3851 N. Ocean Blvd., Apt 412 in Gulf Stream. Attached, you will find a letter presenting our client's position regarding the imposition of numerous assessment charges on them. Know that a hard copy of this letter has been dispatched to you by mail, as well. Please review this letter at your earliest convenience and contact me to discuss further. I hope to reach an understanding on this matter that can be memorialized and presented to the City and County to address the underlying situation. Thank you for your prompt attention to this very important pending matter. Sincerely, Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE(dbecker- Doliakoff.com. 4 Daniel A. Espino Attorney at Law Alhambra Towers 121 Alhambra Plaza, 10th Floor Coral Gables, FL 33134 305.260.1039 Phone Alhambra Towers 121 Alhambra Plaza, 10th Floor Coral Gables, FL 33134 305.260.1039 Phone 305.442.2232 Fax DEsoino(a) becker-noliakoff.com www.becker-poliakoff.com Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE(dbecker- Doliakoff.com. 4 Renee Basel From: Randolph, John C. <jrandolph@jonesfoster.com> Sent: Friday, June 07, 2013 10:15 AM To: Susan Schoettle-Gumm Cc: Bill Thrasher Subject: FW: Letter to Gulf Stream (c -o JRandolph) re Gammon Property.PDF Attachments: Letter to Gulf Stream (c -o JRandolph) re Gammon Property (2).pdf Dear Susan, Please see the attached letter. This looks like it is more up your alley than mine. If that is not the case please advise and, otherwise, please advise me as to how we should respond to this letter. Thank you. JOHN C. RANDOLPH JONESFOSTER John C. Randolph Attorney Direct Did: 561.650.0458 1 Fax: 561.650.5300 1 irandolphajonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, `,Fest Palm Beach, Florida 33401 561-659-3000 1 www.ionesfoster.com U.S. Treasury Regulation Circular 330 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming entrails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If con are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited Please immediateh notify us by email and delete the original message. From: Randolph, John C. Sent: Friday, June 07, 2013 8:49 AM To: 'Susan Schoettle-Gumm' Cc: 'Rita Taylor'; dbrannon@bngengineers.com; 'Bill Thrasher' Subject: RE: Letter to Gulf Stream (c -o JRandolph) re Gammon Property.PDF Attached is the letter. JONESFOSTER �__ Jt,tt..�tn��stt.s�.t•_t Sally Matias Secretary to John C. ILtndolph and 11. Michael Easley Direct Dial: 561.650.0458 1 Fes: 561.650.5300 1 smatiasOljonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 1 www.ionesfoster.com C.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may 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: Susan Schoettle-Gumm [mailto:spoumm(almailmt.coml Sent: Thursday, June 06, 2013 5:16 PM To: Randolph, John C. Cc: 'Rita Taylor'; dbrannon(albnaenoineers.com; 'Bill Thrasher' Subject: RE: Letter to Gulf Stream (c -o ]Randolph) re Gammon Property.PDF Skip - The attachment (evidencing "unity of title") referred to in the letter to you from Becker & Poliakoff did not come through with your email as forwarded to me from Bill Thrasher. Would you please send that attachment to me when it is convenient? Thanks, Susan Susan Schoettle-Gumm, PLLC Attorney & Counselor -at -Law Office 941-377-4948 Cell 941-320-3054 Email so¢ummPmailmt.com 18099 Deer Prairie Drive, Sarasota, FL 32420 This message, together with any attachments, is intended only for the addressee. It may contain information which is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone (941-3774948) or by return e-mail and delete the message, along with any attachments. From: Bill Thrasher [mailto:bthrasher(a gulf-stream.oral Sent: Thursday, June 06, 2013 2:03 PM To: dbrannon(ftroenoineers.com; spgumm(o)mailmt.com Cc: Rita Taylor Subject: FW: Letter to Gulf Stream (c -o ]Randolph) re Gammon Property.PDF Danny and Susan, Can either of you give information to us that may be useful in disputing their claim? Please acknowledge receipt of this letter even if you don't have an answer or information at this time. Thank you, Bill Thrasher From: Randolph, John C.[mailto:JRandolph(cbionesfoster.coml Sent: Thursday, June 06, 2013 1:22 PM To: Bill Thrasher; Rita Taylor Subject: FW: Letter to Gulf Stream (c -o ]Randolph) re Gammon Property.PDF Please see the attached in the event you have not received a copy. JOHN C. RANDOLPH JONESFOSTER 1-1-1—ONKSILtla5.CA John C. Randolph :Attorney Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 jrandolph(@,ionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Hagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 1 mmnyJonesfoster.com U.S. Treasur7 Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. T11is 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, anv review, dissemination, or copying of this email is prohibited. Please immediate1v notiF us by email and delete the original message. From: Espino, Daniel [mailto:DEsoino oCDbecker-poliakoff.coml Sent: Tuesday, June 04, 2013 2:48 PM To: Randolph, John C. Cc: Nolan, Marcie Oppenheimer Subject: Letter to Gulf Stream (c -o JRandolph) re Gammon Property. PDF Mr. Randolph, My firm and I represent Mr. and Mrs. Gammon who reside at 3851 N. Ocean Blvd., Apt 412 in Gulf Stream. Attached, you will find a letter presenting our client's position regarding the imposition of numerous assessment charges on them. Know that a hard copy of this letter has been dispatched to you by mail, as well. Please review this letter at your earliest convenience and contact me to discuss further. I hope to reach an understanding on this matter that can be memorialized and presented to the City and County to address the underlying situation. Thank you for your prompt attention to this very important pending matter. Sincerely, Daniel A. Espino Attorney at Law Alhambra Towers 121 Alhambra Plaza, 10th Floor Coral Gables, FL 33134 305.260.1039 Phone Alhambra Towers 121 Alhambra Plaza, 10th Floor Coral Gables, FL 33134 305.260.1039 Phone 305.442.2232 Fax D Es o I n oQ becker-ool la koff.com www.becker-i2oliakoff.com Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE(a)becker- Poliakoff.com. Renee Basel From: Susan Schoettle-Gumm <spgumm@mailmt.com> Sent: Friday, June 07, 2013 10:14 AM To: Randolph, John C. Subject: RE: Letter to Gulf Stream (c -o JRandolph) re Gammon Property.PDF Skip - This still does not include the "unity of title" evidence they refer to as Attachment "'1" in the letter. Maybe they forgot to attach it. I'm just curious what they are relying on for their asserted date and evidence. Thanks, Susan Susan Schoettle-Gumm, PLLC Attorney & Counselor -at -Law Office 941-377-4948 Cell 941-320-3054 Email spgumm[7a,mailmt.com 18099 Deer Prairie Drive, Sarasota, FL 32420 This message, together with any attachments, is intended only for the addressee. It may contain information which is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone (941-377-4948) or by return e-mail and delete the message, along with any attachments. From: Randolph, John C. [mailto:JRandolph@jonesfoster.com] Sent: Friday, June 07, 2013 8:49 AM To: Susan Schoettle-Gumm Cc: 'Rita Taylor'; dbrannon@bngengineers.com; 'Bill Thrasher' Subject: RE: Letter to Gulf Stream (c -o JRandolph) re Gammon Property.PDF Attached is the letter. JONESFOSTER ---" .I .n K'N S 11. 1111%. Y.A. Sally Matias Secretary to John C. Randolph attd f 1. i licliael I asle} Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 smadas(@,ionesfoster.com ,Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33=401 561-659-3000 1 xvww.jonesfoster.com u.S. Treasury Regulation Circular 230 requires us to advise fou that written communications issued bV us are not intended to be and cannot be relied upon to avoid Penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. `11»s 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: Susan Schoettle-Gumm [mailto:spgumm@mailmt.com] Sent: Thursday, June 06, 2013 5:16 PM To: Randolph, John C. Cc: 'Rita Taylor'; dbrannon@bngengineers.com; 'Bill Thrasher' Subject: RE: Letter to Gulf Stream (c -o JRandolph) re Gammon Property.PDF Skip - The attachment (evidencing "unity of title") referred to in the letter to you from Becker & Poliakoff did not come through with your email as forwarded to me from Bill Thrasher. Would you please send that attachment to me when it is convenient? Thanks, Susan Susan Schoettle-Gumm, PLLC Attorney & Counselor -at -Law Office 941-377-4948 Cell 941-320-3054 Email sp¢ummPmailmt.com 18099 Deer Prairie Drive, Sarasota, FL 32420 This message, together with any attachments, is intended only for the addressee. 11 may contain information which is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone (941-377-4948) or by return e-mail and delete the message, along with any attachments. From: Bill Thrasher [mailto:bthrasher(looulf-stream.oral Sent: Thursday, June 06, 2013 2:03 PM To: dbrannon(albngengineers.com; spoumm(cbmailmt.com Cc: Rita Taylor Subject: FW: Letter to Gulf Stream (c -o JRandolph) re Gammon Property.PDF Danny and Susan, Can either of you give information to us that may be useful in disputing their claim? Please acknowledge receipt of this letter even if you don't have an answer or information at this time. Thank you, Bill Thrasher From: Randolph, John C.[mailto:]Randoloh(cbionesfoster.coml Sent: Thursday, June 06, 2013 1:22 PM To: Bill Thrasher; Rita Taylor Subject: FW: Letter to Gulf Stream (c -o JRandolph) re Gammon Property.PDF Please see the attached in the event you have not received a copy. JOHN C. RANDOLPH JONESFOSTER John C. Randolph Attorney Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 irandolp,h0ionesfoster.com Jones, Poster, Johnston & Stubbs, P.A. Flagler Center Tower. 505 South Flagler Drive, Suite I I of i, \\ est Palm Beach, Florida 33401 561-659-3000 I www.ionesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. "Phis 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 coPling of this email is prohibited. Please immediately notify us by email and delete the original message. From: Espino, Daniel rmailto:DEsoino(&becker-poliakoff.coml Sent: Tuesday, June 04, 2013 2:48 PM To: Randolph, John C. Cc: Nolan, Marcie Oppenheimer Subject: Letter to Gulf Stream (c -o ]Randolph) re Gammon Property.PDF Mr. Randolph, My firm and I represent Mr. and Mrs. Gammon who reside at 3851 N. Ocean Blvd., Apt 412 in Gulf Stream. Attached, you will find a letter presenting our client's position regarding the imposition of numerous assessment charges on them. Know that a hard copy of this letter has been dispatched to you by mail, as well. Please review this letter at your earliest convenience and contact me to discuss further. I hope to reach an understanding on this matter that can be memorialized and presented to the City and County to address the underlying situation. Thank you for your prompt attention to this very important pending matter. Sincerely, Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center Is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE(albecker- Doliakoff.com. Daniel A. Espino Attorney at Law Alhambra Towers 121 Alhambra Plaza, 10th Floor Coral Gables, FL 33134 305.260.1039 Phone Alhambra Towers 121 Alhambra Plaza, 10th Floor Coral Gables, FL 33134 305.260.1039 Phone 305.442.2232 Fax D Esoi no®becker-ool la Koff. com www.becker-pollakoff.com Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center Is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE(albecker- Doliakoff.com. Renee Basel From: Randolph, John C. <jrandolph@jonesfoster.com> Sent: Friday, June 07, 2013 8:49 AM To: Susan Schoettle-Gumm Cc: Rita Taylor, dbrannon@bngengineers.com; Bill Thrasher Subject: RE: Letter to Gulf Stream (c -o JRandolph) re Gammon Property.PDF Attachments: Letter to Gulf Stream (c -o JRandolph) re Gammon Property (2).pdf Attached is the letter. JONESFOSTER J0I1NI hP. P.I I L atn. PA Sally Matias Secretary to John C. ILlndolph and 11. Blichael I'.a>Iec Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 sma6as(@,ionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Hagler Centcr, Tower, 505 South Flagler Drive, Suite 1100, \l cst Palm Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. 'Iles 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: Susan Schoettle-Gumm (mailto:spgumm@mailmt.com] Sent: Thursday, June 06, 2013 5:16 PM To: Randolph, John C. Cc: 'Rita Taylor'; dbrannon@bngengineers.com; 'Bill Thrasher' Subject: RE: Letter to Gulf Stream (c -o ]Randolph) re Gammon Property.PDF Skip - The attachment (evidencing "unity of title") referred to in the letter to you from Becker & Poliakoff did not come through with your email as forwarded to me from Bill Thrasher. Would you please send that attachment to me when it is convenient? Thanks, Susan Susan Schoettle-Gumm, PLLC Attorney & Counselor -at -Law Office 941-377-4948 Cell 941-320-3054 Email soaummCla mailmt.com 18099 Deer Prairie Drive, Sarasota, FL 32420 This message, together with any attachments, is intended only for the addressee. It may contain information which is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone (941-377-4948) or by return e-mail and delete the message, along with any attachments. From: Bill Thrasher [mailto:bthrasherCla ouif-stream.org] Sent: Thursday, June 06, 2013 2:03 PM To: dbrannon@bnoenaineers.com: soaumm(&mailmt.com Cc: Rita Taylor Subject: FW: Letter to Gulf Stream (c -o JRandolph) re Gammon Property.PDF Danny and Susan, Can either of you give information to us that may be useful in disputing their claim? Please acknowledge receipt of this letter even if you don't have an answer or information at this time. Thank you, Bill Thrasher From: Randolph, John C. [mailto:]Randolph(a)ionesfoster.coml Sent: Thursday, June 06, 2013 1:22 PM To: Bill Thrasher; Rita Taylor Subject: FW: Letter to Gulf Stream (c -o JRandolph) re Gammon Property.PDF Please see the attached in the event you have not received a copy. JOHN C. RANDOLPH JONESFOSTER ^•�_-----�^---� - JUI I]5 f U\ ti 11 l tlati. P d John C. Randolph attorney Direct Dial: 561.650.0458 I ;ts: 561.650.5300 1 irandolph e,ionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Ilagler Center Tower, 505 South Hagler Drive, Suite 1100, A est Palm Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com U.S. 'T'reasur'y Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot lie relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails ue filtered which may 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, anv review, disscnunauon, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Espino, Daniel [mailto:DEsoino(xbbecker-poliakoff.coml Sent: Tuesday, June 04, 2013 2:48 PM To: Randolph, John C. Cc: Nolan, Marcie Oppenheimer Subject: Letter to Gulf Stream (c -o ]Randolph) re Gammon Property.PDF Mr. Randolph, My firm and I represent Mr. and Mrs. Gammon who reside at 3851 N. Ocean Blvd., Apt 412 in Gulf Stream. Attached, you will find a letter presenting our client's position regarding the imposition of numerous assessment charges on them. Know that a hard copy of this letter has been dispatched to you by mail, as well. Please review this letter at your earliest convenience and contact me to discuss further. I hope to reach an understanding on this matter that can be memorialized and presented to the City and County to address the underlying situation. Thank you for your prompt attention to this very important pending matter. Sincerely, Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARECnbbecker- poliakoff.com. Daniel A. Espino Attorney at Law Alhambra Towers 121 Alhambra Plaza, 10th Floor Coral Gables, FL 33134 305.260.1039 Phone Alhambra Towers 121 Alhambra Plaza, 10th Floor Coral Gables, FL 33134 305.260.1039 Phone 305.442.2232 Fax D Esoi n o Cal becker-ool la koff.com www.becker-pollakoff.com Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARECnbbecker- poliakoff.com. Emerald Lake Corporate Park 3111 Stirling Road B EC I<E Fort Lauderdale, Florida 33312-6525 BECKSR �� OFF Phone: (954) 987-7550 Fax: (954) 9854176 POLIA ADMINISTMnVE OFFICE Reply To: 3111 STIRLING ROAD FORT LAUDERDALE, FL 33317 June 4, 2013 Daniel A. Espino, Esq. 954.987.7550 Direct Dial: (954) 9854177 DEspino@beeker-poliakoff.com W W W.BECKER-MUAKOFFXOM VIA U.S. MAIL & Mr. John C. Randolph Town Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483-7427 FIOIaMOFFICES Re: SineleAssessment CharjeeReauired 50E "TON. James Gammon and Margo Stahl (Husband and wife) FOR mnu 3851 N Ocean Blvd., Apt 412 (414 & 415) FORTWALTON BFACN HOLLYWOOD Dear Mr. Randolph: HOMESTEAD KEYWESI• As you may be aware, our firm represents James Gammon and Margo MELBOURNE. Stahl, (collectively, "Mr. and Mrs. Gammon", residents of the Town of Gulf MIAMI Stream (the "Town"), with regard to the Town's non -ad valorem assessment on MIRAMAR Gulfstream Shores Condominium Association for the undergrounding of electrical NAPLBS utilities (the "Assessment'). Please allow this letter to formally advise you that ORLANDO the multiple charges pertaining to the Assessment that have been levied against MUSTAUCIE Mr. and Mrs. Gammon are inappropriate for the reasons that follow and to SAWOTA respectfully request that the Town take immediate action to rectify the situation TA ASSEE by charging our clients only once. TAMPAMY Mr. and Mrs. Gammon are the current owners of a unit at Gulfstream WESTPALMBEACH Shores Condominium that was formerly three (3) separate units. Units 414 & 415 in Gulfstream Shores Condominium have been owned by Ms. Stahl and her US.BGLOBALOFRCES family since 1975. Our clients jointly purchased Unit 412 in 2010. Subsequent to NEWYORK,NEWWIRK this purchase, they notified the Town of their intent to unify title under Ms. WASHINGTON. D.C. Stahl's legal name, which they successfully accomplished in May of 2011. The MORRISTOWN.NEWIERSE corresponding Unity of Title is attached hereto as Attachment "1". During that REDRANK.NEWJER5EY time, the Town was engaging in the necessary steps to appropriately establish and PRAGUE. CZECH REPUBLIC levy the Assessment, a process which was completed in September of 2011. Though Mr. and Mrs. Gammon had successfully united the title of the properties •4FRroW^MMntwM in May of 2011, a fact further substantiated by the 2012 Proposed Tax Bill addressed to Margo Stahl, which showed single charges for garbage and utilities, LEGAL AND BUSINESS STRATEGISTS MEMBER OF LEGUS. MOOML AND INTERNAMNAL LAW nRM NETWORK Ira U.S. Mail & Put E-mail. jrandolph@joues foster.com Mr. John C. Randolph Town Attorney, Town of Gulf Stream June 4, 2013 Page 2 the Town charged her three (3) separate installments pertaining to the Assessment. This is inappropriate for the following reasons. As you are aware, "[n]on-ad valorem assessments ... may be collected pursuant to the method provided for in §§ 197.3632 and 197.3635, [as well as] pursuant to any alternative method which is authorized by law." Fla. Stat. § 197.3631. The assessment amount may be levied at once and payable within that same year, in accordance with § 197.3632, but the timing and collection of any assessment may vary depending on the respective enabling ordinance. In some instances, the entire assessment amount may be levied in a single year, with the property owners being afforded the ability to make installment payments over the course of multiple years to accomplish repayment. See Fla. AGO 94-13. However, there are those situations in which the non -ad valorem assessment is levied against properties in annual assessments that take place over a period of years. Id. That is, in the former, the assessment is levied at one time but repayment occurs over multiple years, while, in the latter, the full assessment amount is accomplished by independent assessments over the course of consecutive years. The foregoing is a pertinent distinction relevant to the establishment of the date on which an assessment attaches to a property. A lien for all taxes, penalties and interest attaches to any property upon which a lien is imposed by law on the date of assessment and continues in full force and effect until discharged by payment as provided in chapter 197, Florida Statutes, or until barred under chapter 95, Florida Statutes. Fla. Stat § 192.053. Should a property owner default on any payment of principal or interest in situations where a multiple -year repayment is permitted, the remaining outstanding balance of that assessment may become immediately due and subject to foreclosure without further notice of proceedings because the amount of the assessment is fixed at the time of the levy as created by the enabling ordinance, even though it is permitted to be paid off in installments. Fla. AGO 94-13. "Thus, when the entire assessment is levied against the real property and the enabling ordinance contains an acceleration clause, is appears that the entire recorded non -ad valorem assessment, collected pursuant to section 197.3632, Fla. Stat., would be a `lien of record held by a governmental unit."' Id. In contrast, in those situations where individual assessments are levied over the course of consecutive years, only those annual assessments that have been assessed are delinquent would constitute a `lien of record for a governmental unit."' Id. That is, annual assessments for future years would not be levied, and a lien for such installments would not attach, until January 1" of the future consecutive year in question. Id. Thus, non -ad valorem assessments that are levied as a single amount in a single year and either require repayment in that same year or over multiple years attach to any given property upon the satisfaction of the requirements of § 197.3632 Fla. Stat. In the case of the referenced Assessment, the Town did not satisfy the requirements of § 197.3632 Fla. Stat. until all of the enabling resolutions and ordinances were passed and adopted. The final enabling resolution, Resolution No. 11-12, was passed and adopted on June 301h, 2011. Mr. and Mrs. Gammon successfully unified the title of their properties on May 1P, 2011, nearly a month Via U.S. Mail & I'm E-mail. jrandolph@joney-foster.com Mr. John C. Randolph Town Attorney, Town of GulfStreann June 4, 2013 Page 3 before the Town completed the assessment process. By the time that the Assessment could, would and did attach, Mr. and Mrs. Gammon had only one, unified, property at Gulfstream Shores Condominium Association. Therefore, Mr. and Mrs. Gammon should have only incurred a single Assessment charge, instead of the three assessment charges that were levied and noticed on their tax bill. In light of the foregoing, I respectfully request, on behalf of our clients, that the Town acknowledge and confirm the position stated in this letter, correct in its records the appropriate Assessment amount attributable and owed by our clients, and duly notify Palm Beach County of said correction so that Palm Beach County may issue an updated and revised tax bill to Mr. and Mrs. Gammon reflecting the correct amount. Our clients are eager to pay their proportionate share of the Assessment and to see the completion of the related improvements. As such, I thank you in advance for your prompt attention to this very important pending matter. Should you wish to discuss this matter further, please do not hesitate to contact me at your earliest convenience. Thank you very much. f7:U ACTIVE: 4740518_2 DRAFT 6/3/13 Emerald Lake Corporate Park 3111 Stirling Road Fort Lauderdale, Florida 33312-6525 BECI<ER BECKE< eri Phone: (954) 987-7550 Fax: (954) 9854176 POLIA ADMINISTRATIVE OFFICE Reply To: 3111 SnRUNG ROAD James Gannnon and Margo Stahl (husband and wife) FORT LAUDERDALE. FL 33312 June 4, 2013 Daniel a Espino, Esq. 954.997.2550 Direct Dial: (954) 9854177 HOMMOOD DEspino®becker-poliakoff.com W W W.BECKER-POLIAKOFF.COM As you may be aware, our firm represents James Gammon and Margo BPOBECKER-POLIAKOFFSCOM Stahl, (collectively, "Mr. and Mrs. Gammon", residents of the Town of Gulf VIA U.S. MAIL & Mr. John C. Randolph Town Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483-7427 MRIMOFNCB Re. Single Assessment Charge Required BOLA RATON• James Gannnon and Margo Stahl (husband and wife) FORTMWRS 3851 N Ocean Blvd, Apt 412 (414 & 415) FORTWALTON BEACH HOMMOOD Dear Mr. Randolph: HOME!RZAD mmm As you may be aware, our firm represents James Gammon and Margo MELBOURNE' Stahl, (collectively, "Mr. and Mrs. Gammon", residents of the Town of Gulf MIAMI Stream (the "Town"), with regard to the Town's non -ad valorem assessment on MIS Gulfstream Shores Condominium Association for the undergrounding of electrical NAPIS utilities (the "Assessment"). Please allow this letter to formally advise you that ORLANDO the multiple charges pertaining to the Assessment that have been levied against FORTST. LUCIE Mr. and Mrs. Gammon are inappropriate for the reasons that follow and to SARASOTA respectfully request that the Town take immediate action to rectify the situation TMLAH su by charging our clients only once. TAMPABAY Mr. and Mrs. Gammon are the current owners of a unit at Gulfstream WESTPALMBFACH Shores Condominium that was formerly three (3) separate units. Units 414 & 415 in Gulfstream Shores Condominium have been owned by Ms. Stahl and her U.S.AGLORALOIBCES family since 1975. Our clients jointly purchased Unit 412 in 2010. Subsequent to NEWYORK,NEWYORK this purchase, they notified the Town of their intent to unify title under Ms. WASHINGTON, D.C. Stahl's legal name, which they successfully accomplished in May of 2011. The MORRVMNN. NEWDASEY corresponding Unity of Title is attached hereto as Attachment "1". During that REDSANK.NEWIERSEY time, the Town was engaging in the necessary steps to appropriately establish and PRAGUE.CZECHREWBLIC levy the Assessment, a process which was completed in September of 2011. Though Mr. and Mrs. Gammon had successfully united the title of the properties •N2RPWk..1 0, in May of 2011, a fact further substantiated by the 2012 Proposed Tax Bill addressed to Margo Stahl, which showed single charges for garbage and utilities, LEGAL AND BUSINESS STRATEGISTS MEMBER OF ICGUS, HADONAL AND INTERNATIONAL LAW FIRM NETWORK Ira U.S. Mail & Via E -trail: jrandolph@jones fostenconr Mr. John C. Randolph Town Attorney, Town of GulfStreatr June 4,1013 Page 2 the Town charged her three (3) separate installments pertaining to the Assessment. This is inappropriate for the following reasons. As you are aware, "[n]on-ad valorem assessments ... may be collected pursuant to the method provided for in §§ 197.3632 and 197.3635, [as well as] pursuant to any alternative method which is authorized by law." Fla. Stat. § 197.3631. The assessment amount may be levied at once and payable within that same year, in accordance with § 197.3632, but the timing and collection of any assessment may vary depending on the respective enabling ordinance. In some instances, the entire assessment amount may be levied in a single year, with the property owners being afforded the ability to make installment payments over the course of multiple years to accomplish repayment. See Fla. AGO 94-13. However, there are those situations in which the non -ad valorem assessment is levied against properties in annual assessments that take place over a period of years. Id. That is, in the former, the assessment is levied at one time but repayment occurs over multiple years, while, in the latter, the full assessment amount is accomplished by independent assessments over the course of consecutive years. The foregoing is a pertinent distinction relevant to the establishment of the date on which an assessment attaches to a property. A lien for all taxes, penalties and interest attaches to any property upon which a lien is imposed by law on the date of assessment and continues in full force and effect until discharged by payment as provided in chapter 197, Florida Statutes, or until barred under chapter 95, Florida Statutes. Fla. Stat § 192.053. Should a property owner default on any payment of principal or interest in situations where a multiple -year repayment is permitted, the remaining outstanding balance of that assessment may become immediately due and subject to foreclosure without further notice of proceedings because the amount of the assessment is fixed at the time of the levy as created by the enabling ordinance, even though it is permitted to be paid off in installments. Fla. AGO 94-13. "Thus, when the entire assessment is levied against the real property and the enabling ordinance contains an acceleration clause, is appears that the entire recorded non -ad valorem assessment, collected pursuant to section 197.3632, Fla. Stat., would be a `lien of record held by a governmental unit."' Id. In contrast, in those situations where individual assessments are levied over the course of consecutive years, only those annual assessments that have been assessed are delinquent would constitute a `lien of record for a governmental unit."' Id. That is, annual assessments for future years would not be levied, and a lien for such installments would not attach, until January 151 of the future consecutive year in question. Id. Thus, non -ad valorem assessments that are levied as a single amount in a single year and either require repayment in that same year or over multiple years attach to any given property upon the satisfaction of the requirements of § 197.3632 Fla. Stat. In the case of the referenced Assessment, the Town did not satisfy the requirements of § 197.3632 Fla. Stat. until all of the enabling resolutions and ordinances were passed and adopted. The final enabling resolution, Resolution No. 11-12, was passed and adopted on June 30`h, 2011. Mr. and Mrs. Gammon successfully unified the title of their properties on May 13'h, 2011, nearly a month Ira U.S. Mail & Ira E -nail: jrandolph@iones fostencons Mr. John C. Randolph Town Attorney, Town of Gulf Streant June 4, 2013 Page 3 before the Town completed the assessment process. By the time that the Assessment could, would and did attach, Mr. and Mrs. Gammon had only one, unified, property at Gulfstream Shores Condominium Association. Therefore, Mr. and Mrs. Gammon should have only incurred a single Assessment charge, instead of the three assessment charges that were levied and noticed on their tax bill. In light of the foregoing, I respectfully request, on behalf of our clients, that the Town acknowledge and confirm the position stated in this letter, correct in its records the appropriate Assessment amount attributable and owed by our clients, and duly notify Palm Beach County of said correction so that Palm Beach County may issue an updated and revised tax bill to Mr. and Mrs. Gammon reflecting the correct amount. Our clients are eager to pay their proportionate share of the Assessment and to see the completion of the related improvements. As such, I thank you in advance for your prompt attention to this very important pending matter. Should you wish to discuss this matter further, please do not hesitate to contact me at your earliest convenience. Thank you very much. Daniel A. Espino For the Firm 1 ACTIVE: 4740518_2 DaAFr 6/3/13 Renee Basel From: Susan Schoettle-Gumm <spgumm@mailmt.com> Sent: Thursday, June 06, 2013 5:16 PM To: Randolph, John C. Cc: Rita Taylor; dbrannon@bngengineers.com; Bill Thrasher Subject: RE: Letter to Gulf Stream (c -o JRandolph) re Gammon Property.PDF Skip - The attachment (evidencing "unity of title") referred to in the letter to you from Becker & Poliakoff did not come through with your email as forwarded to me from Bill Thrasher. Would you please send that attachment to me when it is convenient? Thanks, Susan Susan Schoettle-Gumm, PLLC Attorney & Counselor -at -Law Office 941-377-4948 Cell 941-320-3054 Email sooumm(a mailmt.com 18099 Deer Prairie Drive, Sarasota, FL 32420 This message, together with any attachments, is intended only for the addressee. It may contain information which is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone (941-377-4948) or by return e-mail and delete the message, along with any attachments. From: Bill Thrasher [mailto:bthrasher@gulf-stream.org] Sent: Thursday, June 06, 2013 2:03 PM To: dbrannon@bngengineers.com; spgumm@mailmt.com Cc: Rita Taylor Subject: FW: Letter to Gulf Stream (c -o JRandolph) re Gammon Property.PDF Danny and Susan, Can either of you give information to us that may be useful in disputing their claim? Please acknowledge receipt of this letter even if you don't have an answer or information at this time. Thank you, Bill Thrasher From: Randolph, John C. [mailto:JRandolph@jonesfoster.com] Sent: Thursday, June 06, 2013 1:22 PM To: Bill Thrasher; Rita Taylor Subject: FW: Letter to Gulf Stream (c -o JRandolph) re Gammon Property.PDF Please see the attached in the event you have not received a copy. JOHN C. RANDOLPH JONESFOSTER John C. Randolph Attome� Direct Dial: 561.650.0458 1 Paz: 561.650.5300 irandolPh(t�jonesfosteccom Jones, Foster, Johnston & Stubbs, P. A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, (Florida 33401 561-659-3000 1 www.ionesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. lhis 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: Espino, Daniel fmailto:DEsoino(o)becker-ooliakoff.com] Sent: Tuesday, June 04, 2013 2:48 PM To: Randolph, John C. Cc: Nolan, Marcie Oppenheimer Subject: Letter to Gulf Stream (c -o JRandolph) re Gammon Property.PDF Mr. Randolph, My firm and I represent Mr. and Mrs. Gammon who reside at 3851 N. Ocean Blvd., Apt 412 in Gulf Stream. Attached, you will find a letter presenting our client's position regarding the imposition of numerous assessment charges on them. Know that a hard copy of this letter has been dispatched to you by mail, as well. Please review this letter at your earliest convenience and contact me to discuss further. I hope to reach an understanding on this matter that can be memorialized and presented to the City and County to address the underlying situation. Thank you for your prompt attention to this very important pending matter. Sincerely, Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE(cDbecker- noliakoff.com. Daniel A. Espino Attorney at Law Alhambra Towers 121 Alhambra Plaza, 10th Floor Coral Gables, FL 33134 305.260.1039 Phone Alhambra Towers 121 Alhambra Plaza, 10th Floor Coral Gables, FL 33134 305.260.1039 Phone 305.442.2232 Fax DEsolnoCta becker-oollakoff.com www.becker-pollakoff.com Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE(cDbecker- noliakoff.com. Renee Basel From: Susan Schoettle-Gumm <spgumm@mailmt.com> Sent: Thursday, June 06, 2013 3:52 PM To: Bill Thrasher; dbrannon@bngengineers.com Cc: Rita Taylor; Randolph, John C. Subject: RE: Letter to Gulf Stream (c -o 1Randolph) re Gammon Property.PDF Bill - I am in receipt of your email. I suggest that we schedule a call to discuss this with you, Danny, me and Skip if possible. Let me know if you want to schedule the call. Thanks, Susan Schoettle Susan Schoettle-Gumm, PLLC Attorney & Counselor -at -Law Office 941-377-4948 Cell 941-320-3054 Email spgumm(a)mailmt.com 18099 Deer Prairie Drive, Sarasota, FL 32420 This message, together with any attachments, is intended only for the addressee. It may contain information which is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone (941-377-4948) or by return e-mail and delete the message, along with any attachments. From: Bill Thrasher [mailto:bthrasher@gulf-stream.org] Sent: Thursday, June 06, 2013 2:03 PM To: dbra nnon@bngengineers.com; spgumm@mailmt.com Cc: Rita Taylor Subject: FW: Letter to Gulf Stream (c -o ]Randolph) re Gammon Property.PDF Danny and Susan, Can either of you give information to us that may be useful in disputing their claim? Please acknowledge receipt of this letter even if you don't have an answer or information at this time. Thank you, Bill Thrasher From: Randolph, John C. [mailto:]Randolph@jonesfoster.com] Sent: Thursday, June 06, 2013 1:22 PM To: Bill Thrasher; Rita Taylor Subject: FW: Letter to Gulf Stream (c -o JRandolph) re Gammon Property.PDF Please see the attached in the event you have not received a copy. JOHN C. RANDOLPH JONESFOSTER Joltn C. Randolph Attornec Direct Dial: 561.650.0458 1 Pax: 561.650.5300 1 irandolohOionesfoster.com Jones, Foster, Johnston & Stubbs, Rik. Ilagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com U.S.Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If con 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: Espino, Daniel rmailto:DEsoinoC&becker-poliakoff.coml Sent: Tuesday, June 04, 2013 2:48 PM To: Randolph, John C. Cc: Nolan, Marcie Oppenheimer Subject: Letter to Gulf Stream (c -o JRandolph) re Gammon Property.PDF Mr. Randolph, My firm and I represent Mr. and Mrs. Gammon who reside at 3851 N. Ocean Blvd., Apt 412 in Gulf Stream. Attached, you will find a letter presenting our client's position regarding the imposition of numerous assessment charges on them. Know that a hard copy of this letter has been dispatched to you by mail, as well. Please review this letter at your earliest convenience and contact me to discuss further. I hope to reach an understanding on this matter that can be memorialized and presented to the City and County to address the underlying situation. Thank you for your prompt attention to this very important pending matter. Sincerely, Daniel A. Espino Attorney at Law Alhambra Towers 121 Alhambra Plaza, 10th Floor Coral Gables, FL 33134 305.260.1039 Phone Alhambra Towers 121 Alhambra Plaza, 10th Floor Coral Gables, FL 33134 305.260.1039 Phone 305.442.2232 Fax D Esoinofol Becker-ool la koff. cam www.becker-poliakoff.com Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARECabbecker- poliakoff.com. l Renee Basel From: Randolph, John C. <jrandolph@jonesfoster.com> Sent: Monday, August 22, 2011 1:55 PM To: Lee Evett Cc: Mark Raymond; Bill Thrasher, Rita Taylor, Susan Schoettle-Gumm; Habib Isaac Subject: FW: Pre -Payment Letter Attachments: Gulf Stream Notice to Pay Assessment (2).doc Follow Up Flag: Follow up Flag Status: Flagged Lee, This looks good to me with the change you made pursuant to Mark's suggestion in his email of August 17. 1 will have to rely on Mark for the legality of the prepayment issue and the refund, but if he is fine with it legally then I have no objection to your proposal that the property owners who prepay their assessments enjoy whatever proportional project budget reduction rebate may apply in the same manner as those paying by installments. JOHN C. RANDOLPH John C. Randolph Attorney Direct: 561-650-0458 Fax: 561-650-0465 irandoloh(a)*ones-foster.com Jones, Foster, Johnston & Stubbs, P.A. Attorneys & Counselors 505 South Flagler Drive, Suite 1100, West Palm Beach, FL 33401 Telephone: 561-659-3000 Website U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may 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: Lee Evett [mailto:levett@willdan.com] Sent: Wednesday, August 17, 2011 1:24 PM To: mark raymond; Bill Thrasher; Rita Taylor; Randolph, John C. Cc: Susan Schoettle-Gumm; Habib Isaac Subject: RE: Pre -Payment Letter Good Point. I have attached an amended Draft and highlighted the changes made Lee R Evett Vice President Southeast Operations Willdan Financial Services 7380 Sand Lake Road, Suite 500 Orlando. FL 32819 T,407.3523958 C407.7399190 F. 888.326.6864 levett0willdan.ow From: mark raymond rmalIto:mark.ravmond()mravmondlaw.coml Sent: Wednesday, August 17, 20111:07 PM To: Lee Evett; 'Bill Thrasher'; 'Rita Taylor'; 'Skip Randolph' Cc: 'Susan Schoettle-Gumm'; Habib Isaac Subject: RE: Pre -Payment Letter You might want to say that in the notice if you are going to say anything about refunds so the town doesn't get in the middle of a contest between two homeowners. Mark E. Raymond 4360 Northlake Boulevard Suite 204 Palm Beach Gardens, FL 33410 Tel.: 561-775-8440 Fax: 561-775-8442 Cell: 561-758-0930 Email: mark.ravmondamravmondlaw.com From: Lee Evett rmailto:levettAmwilldan.coml Sent: Wednesday, August 17, 2011 12:43 PM To: mark raymond; Bill Thrasher; Rita Taylor; Cc: Susan Schoettle-Gumm; Habib Isaac Subject: RE: Pre -Payment Letter Skip Randolph Mark, as you know assessments run with the property. The Town's position is that a rebate would also run with the property. If a property was sold after the pre -payment but before the rebate and arrangements/adjustments were not made in the purchasing transaction to account for the Rebate, if any, then the new owner will get a pleasant surprise. Lee R Evett Vice President Southeast Operations Willdan Financial Services 7380 Sand Lake Road, Suite 500 Orlando, FL 32819 T. 407.352.3958 C 407.739.9190 F. 888.326.6864 levett(@,willdan.com From: mark raymond rmailto:mark.ra rmondna,mravmondlaw.coml Sent: Wednesday, August 17, 2011 12:37 PM To: Lee Evett; 'Bill Thrasher'; 'Rita Taylor; 'Skip Randolph' Cc:'Susan Schoettle-Gumm; Habib Isaac Subject: RE: Pre -Payment Letter What if someone sells the property? Mark E. Raymond 4360 Northlake Boulevard Suite 204 Palm Beach Gardens, FL 33410 Tel.: 561-775-8440 Fax: 561-775-8442 Cell: 561-758-0930 Email: mark.ravmond(a)mravmondlaw.com From: Lee Evett rmailto:levettOwilldan.coml Sent: Wednesday, August 17, 2011 12:30 PM To: mark raymond; Bill Thrasher; Rita Taylor; Skip Randolph Cc: Susan Schoettle-Gumm; Habib Isaac Subject: RE: Pre -Payment Letter Mark, I appreciate your suggestion and have conferred with the Town. It is our recommendation that property owners who pre -pay their assessments enjoy whatever proportional project budget reduction rebate may apply in the same manner as those paying by installments. Lee Lee R Evett Vice President Southeast Operations Willdan Financial Services 7380 Sand Lake Road, Suite 500 Orlando, FL 32819 T. 407.352.3958 C 407.739.9190 F. 888.326.6864 levettloD,willdan.com From: mark raymond rmailto:mark.ravmondna.mravmondlaw.coml Sent: Tuesday, August 16, 20112:50 PM To: Lee Evett; 'Bill Thrasher; 'Rita Taylor; 'Skip Randolph' Cc: 'Susan Schoettle-Gumm; Habib Isaac Subject: RE: Pre -Payment Letter I suggest including a statement that if someone prepays there will be no refund even if the project cost is less than the aggregate assessment against all assessed property. Mark E. Raymond 4360 Northlake Boulevard Suite 204 Palm Beach Gardens, FL 33410 Tel.: 561-775-8440 Fax: 561-775-8442 Cell: 561-758-0930 Email: mark.ra mina mraymondlaw.com From: Lee Evett rmailto:levett(@willdan.com] Sent: Tuesday, August 16, 20119:38 AM To: Bill Thrasher; Rita Taylor; Skip Randolph; Mark Raymond Cc: Susan Schoettle-Gumm; Habib Isaac Subject: Pre -Payment Letter Attached for your review and comment is the Draft Pre -Payment Letter. Once we receive your suggestions and comments, we will begin the printing, merging and mailing process. Lee R Evett Vice President Southeast Operations Willdan Financial Services 7380 Sand Lake Road, Suite 500 Orlando, FL 32819 T. 407.352.3958 C 407.739.9190 F. 888.326.6864 levettna.willdan.com Renee Basel From: Randolph, John C. <jrandolph@jonesfoster.com> Sent: Tuesday, July 19, 2011 10:56 AM To: Susan Schoettle-Gumm Cc: Bill Thrasher Subject: FW: validation Attachments: Validation Complaint.pdf Susan, I am not sure whether this Validation Complaint was sent to you. It looks fine to me but I think you should review it for accuracy. JOHN C. RANDOLPH John C. Randolph Attorney Direct: 561-650-0458 Fax: 561-650-0465 jrandolph@jones-foster.com Jones, Foster, Johnston & Stubbs, P.A. Attorneys & Counselors 505 South Flagler Drive, Suite 1100, West Palm Beach, FL 33401 Telephone: 561-659-3000 Website U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may 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. -----Original Message ----- From: mark raymond (mailto:mark.raymond@mraymondlaw.com] Sent: Monday, July 18, 20113:18 PM To: rtaylor@gulf-stream.org; Randolph, John C.; 'Bill Thrasher' Subject: RE: validation Attached is a draft of the validation complaint. Please review it for factual accuracy and let me know of any changes or whether it appears to be accurate. Mark E. Raymond 4360 Northlake Boulevard Suite 204 Palm Beach Gardens, FL 33410 Tel: 561.775.8440 Fax: 561.775.8442 Cell: 561.758.0930 Home Tel: 561.625.1561 Email: mark.raymond@mraymondlaw.com Alt. Email: mer101559@comcast.net -----Original Message ----- From: mark raymond [mailto:mark.raymond@mraymondlaw.com] Sent: Monday, July 18, 20111:37 PM To: 'rtaylor@gulf-stream.org'; 'Habib Isaac' Cc:'Randolph, John C.'; 'Susan Schoettle-Gumm';'Habib Isaac'; 'Bill Thrasher' Subject: validation Rita: Please email me copies of signed resolutions 11-9, 11-11 and 11-12. 1 do not need you to send exhibit A to 11-11. Please also send me copies of the proof of publication of the notice of the public hearing and of reso 11-9. Habib: on what date did wildan mail the notice of hearing to the landowners? Also please send me the final wildan report making sure the pages that were swapped in during the 6-30 meeting are in it. Rita: Attached is an affidavit regarding the mailing of the notice to landowners. Please review it, fill in the date based upon what Habib tells us, sign it and have it notarized and then email a scan back to me. The form of notice that I believe was used is also attached to this email. Please make sure you agree it is what was actually used. Mark E. Raymond 4360 Northlake Boulevard Suite 204 Palm Beach Gardens, FL 33410 Tel: 561.775.8440 Fax: 561.775.8442 Cell: 561.758.0930 Home Tel: 561.625.1561 Email: mark.raymond@mraymondlaw.com Alt. Email: merl01559@comcast.net Renee Basel From: Randolph, John C. <jrandolph@jonesfoster.com> Sent: Wednesday, June 08, 20114:17 PM To: 'Susan Schoettle-Gumm' Subject: Town of Gulf Stream - Susan, I have checked on the transcripts and they would like us to pay half. The transcript of 4/28/11 is $1,125.40 and the transcript of 5/13/11 is $1,058.80, for a total of $2,184.20. One-half is $1,092.10. That seems fair to me. I just wanted to know if you still wanted these transcripts. Thank you. JOHN C. RANDOLPH John C. Randolph Attorney Direct: 561-650-0458 Fax: 561-650-0465 irandoloh(i7o 'ones-foster.com Jones, Foster, Johnston & Stubbs, P.A. Attorneys & Counselors 505 South Flagler Drive, Suite 1100, West Palm Beach, FL 33401 Telephone: 561-659-3000 Website U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may 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. Renee Basel From: Randolph, John C. <jrandolph@jonesfoster.com> Sent: Thursday, May 19, 2011 3:36 PM To: Susan Schoettle-Gumm Subject: RE: Gulf Stream Undergrounding Susan If you wish to have these, I will go ahead and order them. I will contact her and find out what the cost is. JOHN C. RANDOLPH John C. Randolph Attorney Direct: 561-650-0458 Fax: 561-650-0465 jrandolph cDiones-foster.com Jones, Foster, Johnston & Stubbs, P.A. Attorneys & Counselors 505 South Flagler Drive, Suite 1100, West Palm Beach, FL 33401 Telephone: 561-659-3000 Website U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may 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: Susan Schoettle-Gumm [mailto:spgumm@mailmt.com] Sent: Monday, May 16, 20119:14 AM To: Randolph, John C. Cc: 'Bill Thrasher' Subject: Gulf Stream Undergrounding Skip - If it isn't too expensive, what do you think of the Town going ahead and ordering transcripts of the last two Commission meetings on the undergrounding project? It would be helpful in double-checking issues that have been raised. I talked w/ the court reporter, and she said that you got her card. Let me know what you think. Thanks, Susan Susan Schoettle, PLLC Phone 941-377-4948 Cell phone 941-320-3054 Fax 941-371-8317 E-mail soeumm(a)mailmt.com This message, together with any attachments, is intended only for the addressee. It may contain information which is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone (941-377-4948) or by return e-mail and delete the message, along with any attachments. Renee Basel From: Randolph, John C. <jrandolph@jonesfoster.com> Sent: Monday, May 02, 2011 11:41 AM To: Lee Evett; Susan Schoettle-Gumm; Habib Isaac; Mark Raymond Subject: RE: Gulf Stream Conference Call - 1 PM Today Mr. Randolph is out of the office and not available to participate in the telephone conference call. Sally Sally Matias Secretary to John C. Randolph Direct: 561-650-0458 Fax: 561-650-0465 smatias(cbiones-foster.com Jones, Foster, Johnston & Stubbs, P.A. Attorneys & Counselors 505 South Flagler Drive, Suite 1100, West Palm Beach, FL 33401 Telephone: 561-659-3000 Website U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming entails are filtered which may 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: Lee Evett (mailto:levett@willdan.com] Sent: Monday, May 02, 2011 11:26 AM To: Susan Schoettle-Gumm; Habib Isaac; Mark Raymond; Randolph, John C. Subject: Gulf Stream Conference Call - 1 PM Today For the 1 PM EDT conference call, please call 888-278-0254, access number 9425034. I will serve as host. Lee R Evett Vice President Southeast Operations Wilidan Financial Services 7380 Sand Lake Road, Suite 500 Orlando, FL 32819 T. 407.352.3958 C 407.739.9190 F. 888.326.6864 levett0willdan.com Renee Basel From: Randolph, John C. <jrandolph@jonesfoster.com> Sent: Monday, May 02, 2011 11:41 AM To: Lee Evett; Susan Schoettle-Gumm; Habib Isaac; Mark Raymond Subject: RE: Gulf Stream Conference Call - 1 PM Today Mr. Randolph is out of the office and not available to participate in the telephone conference call. Sally Sally Matlas Secretary to John C. Randolph Direct: 561-650-0458 Fax: 561-650-0465 smatiasCa)iones-foster.com Jones, Foster, Johnston & Stubbs, P.A. Attorneys & Counselors 505 South Flagler Drive, Suite 1100, West Palm Beach, FL 33401 Telephone: 561-659-3000 Website U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming Smalls are filtered which may 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: Lee Evett [mailto:levett@willdan.com] Sent: Monday, May 02, 2011 11:26 AM To: Susan Schoettle-Gumm; Habib Isaac; Mark Raymond; Randolph, John C. Subject: Gulf Stream Conference Call - 1 PM Today For the 1 PM EDT conference call, please call 888-278-0254, access number 9425034. I will serve as host. Lee R Evett Vice President Southeast Operations Willdan Financial Services 7380 Sand Lake Road, Suite 500 Orlando, FL 32819 T. 407.352.3958 C 407.739.9190 F. 888.326.6864 IevettCdwilldan.com Renee Basel From: Randolph, John C. <JRandolph@jonesfoster.com> Sent: Friday, June 07, 2013 10:15 AM To: 'Susan Schoettle-Gumm' Cc: Bill Thrasher Subject: FW: Letter to Gulf Stream (c -o JRandolph) re Gammon Property.PDF Attachments: Letter to Gulf Stream (c -o JRandolph) re Gammon Property (2).pdf Dear Susan, Please see the attached letter. This looks like it is more up your alley than mine. If that is not the case please advise and, otherwise, please advise me as to how we should respond to this letter. Thank you. JOHN C.RANDOLPH JONESFOSTER Joalwounsttum. t•t John C. Randolph Attorno Direct Dial: 561.650.0458 1 141s: 561.650.5300 1 inndolphQa jonesFoster.com Jones, Foster, Johnston & Stubbs, P.A. Ilaglcr Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com C.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Itevenue Service. Incoming emails are filtered which may delay receipt. 'lltis 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: Randolph, John C. Sent: Friday, June 07, 2013 8:49 AM To: 'Susan Schoettle-Gumm' Cc: 'Rita Taylor'; dbra nnon@bngengineers.com; 'Bill Thrasher' Subject: RE: Letter to Gulf Stream (c -o ]Randolph) re Gammon Property.PDF Attached is the letter. JONESFOSTER Sally Matias Secretary tojohn C. IL•utdolph and l I. Michael l,"aslcc Direct Dial: 561.650.0458 1 fax: 561.650.5300 I smadas _,jonesfoster.com Jones, Foster, Johnston & Stubbs, Y.A. Flagler Center Towcr, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com U.S. Treasury- Regulation Circular 230 requires us to advise you that written communications issued by its are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipicnt(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: Susan Schoettle-Gumm [mailto:spgumm(almailmt.coml Sent: Thursday, June 06, 2013 5:16 PM To: Randolph, John C. Cc: 'Rita Taylor'; dbrannonCalbngengineers.com; 'Bill Thrasher' Subject: RE: Letter to Gulf Stream (c -o ]Randolph) re Gammon Property.PDF Skip - The attachment (evidencing "unity of title") referred to in the letter to you from Becker & Poliakoff did not come through with your email as forwarded to me from Bill Thrasher. Would you please send that attachment to me when it is convenient? Thanks, Susan Susan Schoettle-Gumm, PLLC Attorney & Counselor -at -Law Office 941-377-4948 Cell 941-320-3054 Email speumm(o)mailmt.com 18099 Deer Prairie Drive, Sarasota, Fl. 32420 This message, together with any attachments, is intended only for the addressee. It may contain information which is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone (941-377-4948) or by return a -mail and delete the message, along with any attachments. From: Bill Thrasher [mailto:bthrasher(abgulf-stream.orol Sent: Thursday, June 06, 2013 2:03 PM To: dbrannon(a)bnciengineers.com; spqumm(cbmailmt.com Cc: Rita Taylor Subject: FW: Letter to Gulf Stream (c -o JRandolph) re Gammon Property.PDF Danny and Susan, Can either of you give information to us that may be useful in disputing their claim? Please acknowledge receipt of this letter even if you don't have an answer or information at this time. Thank you, Bill Thrasher From: Randolph, John C.[mailto:]Randolph(dionesfoster.coml Sent: Thursday, June 06, 2013 1:22 PM To: Bill Thrasher; Rita Taylor Subject: FW: Letter to Gulf Stream (c -o JRandolph) re Gammon Property.PDF Please see the attached in the event you have not received a copy. JOHN C. RANDOLPH JONESFOSTER -lon,tiu„csiirus,r.. John C. Randolph Attorney Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 irandolph(@,ionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center'I'mver, 505 South Hagler Drive, Suite 1100, \\"cst Palm Beach, Florida 33.401 561-659-3000 1 www.jonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise You that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. 'Ibis 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: Espino, Daniel [mailto:DEsoino(dbecker-ooliakoff.coml Sent: Tuesday, June 04, 2013 2:48 PM To: Randolph, John C. Cc: Nolan, Marcie Oppenheimer Subject: Letter to Gulf Stream (c -o JRandolph) re Gammon Property.PDF Mr. Randolph, My firm and I represent Mr. and Mrs. Gammon who reside at 3851 N. Ocean Blvd., Apt 412 in Gulf Stream. Attached, you will find a letter presenting our client's position regarding the imposition of numerous assessment charges on them. Know that a hard copy of this letter has been dispatched to you by mail, as well. Please review this letter at your earliest convenience and contact me to discuss further. I hope to reach an understanding on this matter that can be memorialized and presented to the City and County to address the underlying situation. Thank you for your prompt attention to this very important pending matter. Sincerely, Daniel A. Espino Attorney at Law Alhambra Towers 121 Alhambra Plaza, 10th Floor Coral Gables, FL 33134 305.260.1039 Phone Alhambra Towers 121 Alhambra Plaza, 10th Floor Coral Gables, FL 33134 305.260.1039 Phone 305.442.2232 Fax D Esoi no@ becker-oo I la koff. com www.becker-pollakoff.com Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARECcbbecker- poliakoff.com. u Renee Basel Full Name: MARK E. RAYMOND Last Name: RAYMOND First Name: MARK Job Title: AS OF 1/2010 Business Address: 4360 Northlake Boulevard Suite 204 Palm Beach Gardens, Florida 33418 United States of America Home Address: 8416 Man -O -War Road Palm Beach Gardens, Florida 33418 United States of America Business: (561) 833-2000 Home: (561) 625-1561 Mobile: (561) 758-0930 Other: Direct 775-8440 Business Fax: (561) 775-8443 E-mail: mark.raymond@mraymondlaw.com E-mail Display As: mark.raymond@mraymondlaw.com Assistant: JCR 1 Renee Basel From: Randolph, John C. <JRandolph@jonesfoster.com> Sent: Tuesday, July 09, 2013 10:21 AM To: 'Susan Schoettle-Gumm' Subject: FW: MARK E. RAYMOND Attachments: MARK E. RAYMOND Attached is Mark Raymond's contact information. Sally JONES -FOSTER -JUIIVh IN hS tlti1O. 1'A. Sally Matias Secretan to John C. Randolph and Fl. Nlich.10 Easlc% Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 smatias(@ionesfoster.com Jones, Foster, Johnston & Stubbs, P. \. Hagler Center Tower, 505 South Flegler Drive, Suite 1100, West Palm Beach, I Iorida 33.101 561-659-3000 1 www.jonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may 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. Emerald Lake Corporate Park 3111 Stirling Road BECI<ER�T' Fort Lauderdale, Florida 33312-6525 BECKS &-) Phone: (954) 987-7550 Fax: (954) 985-4176 POLIA ADMINISTRATIVE OFFICE Reply To: 3111 STIRLING ROAD FORT LAUDERDALE, R 33312 June 4, 2013 Daniel A. Espino, Esq. 954.987.7550 Direct Dial: (954) 9854177 FORTWALTONSEACH DEspino@becker-poli a ko ff. co n1 WWW. BECKER-POUAKOFF.COM Dear Mr. Randolph: BPOB ECKER-POLIAKOFF.COM As you may be aware, our firm represents James Gammon and Margo VIA U.S. MAIL & W r_\ aeu r_\ I IRIl IT -101 bill a: WIM111913M 01111111 al WoMa I Mr. John C. Randolph Town Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483-7427 FLORIDA UFBCES Re: Single Assessment Charre Required BOCARATON• James Gammon and Margo Stahl (husband and wife) FORTMYERS 3851 NOcean Blvd., Apt 412 (414 & 415) FORTWALTONSEACH HOLLYWOOD Dear Mr. Randolph: HOMESTEAD mm As you may be aware, our firm represents James Gammon and Margo MELBOURNE' Stahl, (collectively, "Mr. and Mrs. Gammon", residents of the Town of Gulf MIAMI Stream (the "Town"), with regard to the Town's non -ad valorem assessment on WRAMAR Gulfstream Shores Condominium Association for the undergrounding of electrical NAPLES utilities (the "Assessment'). Please allow this letter to formally advise you that OR DO the multiple charges pertaining to the Assessment that have been levied against PORT ST. UJOE Mr. and Mrs. Gammon are inappropriate for the reasons that follow and to SARASOTA respectfully request that the Town take immediate action to rectify the situation TAIIAHASSEE by charging our clients only once. TAMPABAY Mr. and Mrs. Gammon are the current owners of a unit at Gulfstream WESTPALMBEACH Shores Condominium that was formerly three (3) separate units. Units 414 & 415 in Gulfstream Shores Condominium have been owned by Ms. Stahl and her U.S.AGLOBALM ES family since 1975. Our clients jointly purchased Unit 412 in 2010. Subsequent to NEW YDRK NEW YORK this purchase, they notified the Town of their intent to unify title under Ms. WASHINGTON.D.c Stahl's legal name, which they successfully accomplished in May of 2011. The MORMSTOWN,NEWIERSEY corresponding Unity of Title is attached hereto as Attachment "l". During that REO BANK, NEW JERSEY time, the Town was engaging in the necessary steps to appropriately establish and PRAGUE, CZECH REPUBLIC levy the Assessment, a process which was completed in September of 2011. Though Mr. and Mrs. Gammon had successfully united the title of the properties •eFOPP=+^Tmml mh in May of 2011, a fact fiuther substantiated by the 2012 Proposed Tax Bill addressed to Margo Stahl, which showed single charges for garbage and utilities, LEGAL AND BUSINESS STRATEGISTS MEMBER OF LEGUS. NATIONAL AND INTERNATIONAL LAW FIRM NETWORK Via U.S. Mail & Pilo E -nail: jrandolplt@iones fostencom Mr. John C. Randolph Town Attorney, Town of Gulf Stream June 4, 1013 Page 2 the Town charged her three (3) separate installments pertaining to the Assessment. This is inappropriate for the following reasons. As you are aware, "[n]on-ad valorem assessments ... may be collected pursuant to the method provided for in §§ 197.3632 and 197.3635, [as well as] pursuant to any alternative method which is authorized by law." Fla. Stat. § 197.3631. The assessment amount may be levied at once and payable within that same year, in accordance with § 197.3632, but the timing and collection of any assessment may vary depending on the respective enabling ordinance. In some instances, the entire assessment amount may be levied in a single year, with the property owners being afforded the ability to make installment payments over the course of multiple years to accomplish repayment. See Fla. AGO 94-13. However, there are those situations in which the non -ad valorem assessment is levied against properties in annual assessments that take place over a period of years. Id. That is, in the former, the assessment is levied at one time but repayment occurs over multiple years, while, in the latter, the full assessment amount is accomplished by independent assessments over the course of consecutive years. The foregoing is a pertinent distinction relevant to the establishment of the date on which an assessment attaches to a property. A lien for all taxes, penalties and interest attaches to any property upon which a lien is imposed by law on the date of assessment and continues in full force and effect until discharged by payment as provided in chapter 197, Florida Statutes, or until barred under chapter 95, Florida Statutes. Fla. Stat § 192.053. Should a property owner default on any payment of principal or interest in situations where a multiple -year repayment is permitted, the remaining outstanding balance of that assessment may become immediately due and subject to foreclosure without further notice of proceedings because the amount of the assessment is fixed at the time of the levy as created by the enabling ordinance, even though it is permitted to be paid off in installments. Fla. AGO 94-13. "Thus, when the entire assessment is levied against the real property and the enabling ordinance contains an acceleration clause, is appears that the entire recorded non -ad valorem assessment, collected pursuant to section 197.3632, Fla. Stat., would be a 'lien of record held by a governmental unit."' Id. In contrast, in those situations where individual assessments are levied over the course of consecutive years, only those annual assessments that have been assessed are delinquent would constitute a 'lien of record for a governmental unit."' Id. That is, annual assessments for future years would not be levied, and a lien for such installments would not attach, until January I51 of the future consecutive year in question. Id. Thus, non -ad valorem assessments that are levied as a single amount in a single year and either require repayment in that same year or over multiple years attach to any given property upon the satisfaction of the requirements of § 197.3632 Fla. Stat. In the case of the referenced Assessment, the Town did not satisfy the requirements of § 197.3632 Fla. Stat. until all of the enabling resolutions and ordinances were passed and adopted. The final enabling resolution, Resolution No. 11-12, was passed and adopted on June 30`h, 2011. Mr. and Mrs. Gammon successfully unified the title of their properties on May 1P, 2011, nearly a month Pia U.S. Mail & r1a E-mail: jrandolphgoaes foster com Mr. John C. Randolph Town Attorney, Town of GulfStrearn June 4,1013 Page 3 before the Town completed the assessment process. By the time that the Assessment could, would and did attach, Mr. and Mrs. Gammon had only one, unified, property at Gulfstream Shores Condominium Association. Therefore, Mr. and Mrs. Gammon should have only incurred a single Assessment charge, instead of the three assessment charges that were levied and noticed on their tax bill. In light of the foregoing, I respectfully request, on behalf of our clients, that the Town acknowledge and confirm the position stated in this letter, correct in its records the appropriate Assessment amount attributable and owed by our clients, and duly notify Palm Beach County of said correction so that Palm Beach County may issue an updated and revised tax bill to Mr. and Mrs. Gammon reflecting the correct amount. Our clients are eager to pay their proportionate share of the Assessment and to see the completion of the related improvements. As such, I thank you in advance for your prompt attention to this very important pending matter. Should you wish to discuss this matter further, please do not hesitate to contact me at your earliest convenience. Thank you very much. DAE ACTIVE: 4740518_2 DRAFT 6/3/13 Renee Basel From: Randolph, John C. <JRandolph@jonesfoster.com> Sent: Tuesday, July 19, 2011 10:56 AM To: 'Susan Schoettle-Gumm (spgumm@mailmt.com)' Cc: Bill Thrasher Subject: FW: validation Attachments: Validation Complaint.pdf Susan, I am not sure whether this Validation Complaint was sent to you. It looks fine to me but I think you should review it for accuracy. JOHN C. RANDOLPH John C. Randolph Attorney Direct:561-650-0458 Fax:561-650-0465 jrandolph@jones-foster.com Jones, Foster, Johnston & Stubbs, P.A. Attorneys & Counselors 505 South Flagler Drive, Suite 1100, West Palm Beach, FL 33401 Telephone: 561-659-3000 Website U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may 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. -----Original Message ----- From: mark raymond (mailto:mark.raymond@mraymondlaw.com] Sent: Monday, July 18, 20113:18 PM To: rtaylor@gulf-stream.org; Randolph, John C.; 'Bill Thrasher' Subject: RE: validation Attached is a draft of the validation complaint. Please review it for factual accuracy and let me know of any changes or whether it appears to be accurate. Mark E. Raymond 4360 Northlake Boulevard Suite 204 Palm Beach Gardens, FL 33410 Tel: 561.775.8440 Fax: 561.775.8442 Cell: 561.758.0930 Home Tel: 561.625.1561 Email: mark.raymond@mraymondlaw.com Alt. Email: mer101559@comcast.net -----Original Message ---- From: mark raymond[mailto:mark.raymond@mraymondlaw.comj Sent: Monday, July 18, 20111:37 PM To:'rtaylor@gulf-stream.org';'Habib Isaac' Cc:'Randolph, John C.'; 'Susan Schoettle-Gumm';'Habib Isaac'; 'Bill Thrasher' Subject: validation Rita: Please email me copies of signed resolutions 11-9, 11-11 and 11-12. 1 do not need you to send exhibit A to 11-11. Please also send me copies of the proof of publication of the notice of the public hearing and of reso 11-9. Habib: on what date did wildan mail the notice of hearing to the landowners? Also please send me the final wildan report making sure the pages that were swapped in during the 6-30 meeting are in it. Rita: Attached is an affidavit regarding the mailing of the notice to landowners. Please review it, fill in the date based upon what Habib tells us, sign it and have it notarized and then email a scan back to me. The form of notice that I believe was used is also attached to this email. Please make sure you agree it is what was actually used. Mark E. Raymond 4360 Northlake Boulevard Suite 204 Palm Beach Gardens, FL 33410 Tel: 561.775.8440 Fax: 561.775.8442 Cell: 561.758.0930 Home Tel: 561.625.1561 Email: mark.raymond@mraymondlaw.com Alt. Email: mer101559@comcast.net Renee Basel From: Randolph, John C. <JRandolph@jonesfoster.com> Sent: Thursday, May 19, 2011 3:36 PM To: 'Susan Schoettle-Gumm' Subject: RE: Gulf Stream Undergrounding Susan, If you wish to have these, I will go ahead and order them. I will contact her and find out what the cost is. JOHN C. RANDOLPH John C. Randolph Attorney Direct: 561-650-0458 Fax: 561-650-0465 Irandolph cDiones-foster.com Jones, Foster, Johnston & Stubbs, P.A. Attorneys & Counselors 505 South Flagler Drive, Suite 1100, West Palm Beach, FL 33401 Telephone: 561-659-3000 Website U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may 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: Susan Schoettle-Gumm [mailto:spgumm@mailmt.com] Sent: Monday, May 16, 20119:14 AM To: Randolph, John C. Cc: 'Bill Thrasher' Subject: Gulf Stream Undergrounding Skip - If it isn't too expensive, what do you think of the Town going ahead and ordering transcripts of the last two Commission meetings on the undergrounding project? It would be helpful in double-checking issues that have been raised. I talked w/ the court reporter, and she said that you got her card. Let me know what you think. Thanks, Susan Susan Schoettle, PLLC Phone 941-377-4948 Cell phone 941-320-3054 Fax 941-371-8317 E-mail spgummC)mailmt.com This message, together with any attachments, is intended only for the addressee. It may contain information which is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone (941-377-4948) or by return e-mail and delete the message, along with any attachments. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR PALM BEACH COUNTY, FLORIDA. CIVIL DIVISION TOWN OF GULF STREAM, FLORIDA, CASE NO.: Plaintiff, BOND VALIDATION LuIN STATE OF FLORIDA, AND THE TAXPAYERS, PROPERTY OWNERS AND CITIZENS OF TOWN OF GULF STREAM, FLORIDA INCLUDING NON-RESIDENTS OWNING PROPERTY OR SUBJECT TO TAXATION THEREIN, AND ALL OTHERS HAVING OR CLAIMING ANY RIGHT, TITLE OR INTEREST IN PROPERTY TO BE AFFECTED BY THE ISSUANCE BY PLAINTIFF OF ITS PROMISSORY NOTE, Defendants. COMPLAINT FOR VALIDATION Town of Gulf Stream, Florida (the "Town" sues the State of Florida, and the taxpayers, property owners, and citizens of the Town, including non-residents owning property or subject to taxation therein, and all others having or claiming anyright, title or interest in propertyto be affected by the issuance by the Town of a promissory note in the principal amount of not to exceed $5,497,742.00 (the "Note"), or to be affected in any way thereby, to validate the Note, as more particularly described below, and alleges that: 1. The Town is a municipality of the State of Florida. 2. This Court has jurisdiction and is authorized by Chapter 75, Florida Statutes, to validate the debt of the Town, including the Note. 3. On May 13, 2010, the Town Commission of the Town duly adopted its Resolution No. 11-09. A copy of Resolution No. 11-09 (without Exhibit "A") is attached hereto as Exhibit "A." 4. Resolution No. 11-09 states that: (a) The Town Commission has determined that the Town should proceed with a project (the "Project") to place the electric, telephone and cable television facilities that serve the Town and its inhabitants underground. (b) The nature and general location of the proposed improvements to be included in the Project are set forth in Exhibit A attached to the Resolution. (b) The estimated cost of the Project to be paid with special assessments and the manner in which the assessments will be made is set forth in Exhibit B attached to the Resolution. (c) The special assessments will be levied upon all lots and lands adjoining and contiguous or bounding and abutting upon such improvements or specially benefitted thereby and further designated by the assessment plat hereinafter provided for. 4. Resolution No. 11-09 called for a public hearing to be held on June 30, 2011 at 9:00 a.m. at the administrative office of the Town at 100 Sea Road, Gulf Stream, Florida 33483, for the purpose of hearing public comments concerning the Project, the cost of the Project and the manner of payment therefore, including the amount of special assessments to be levied against property benefitted thereby. 5. On May 13, 2011, there was on file with the Town Clerk an assessment plat, showing the area to be assessed, with plans and specifications, and an estimate of the cost of the Project, which items were open to public inspection. 6. The Town Clerk caused a notice of the adoption of Resolution No. 11-09 to be published two times in a newspaper of general circulation published in Palm Beach County, Florida.. A copy of the publisher's affidavit of publication of the notice is attached hereto as Exhibit "B." 7. The Town caused to be prepared a preliminary assessment roll, as promptly as possible following the adoption of Resolution No. 11-09, showing the lots and lands to be assessed and the amount of benefit to and the assessment against each lot or parcel and the number of annual installments in which the assessment is to be paid. 8. Notice of the hearing called by Resolution No. 11-09 was given to all owners of real property located within the Town. An affidavit of the Clerk of the Town as required by Section 170.07, Florida Statutes is attached hereto as Exhibit "C." 9. Notice of the hearing called by Resolution No. 11-09 was also be given by publication two times, a week apart, in a newspaper of general circulation published in Palm Beach County, Florida, the second publication being not less than one week prior to the hearing date. A copy of the publisher's affidavit of publication of the notice is attached hereto as Exhibit "D." 10. On June 30, 2011 at 9:00 a.m. at the administrative office of the Town at 100 Sea Road, Gulf Stream, Florida 33483, the Commission of the Town met as an "Equalization Board," conducted such public hearing and heard and considered all comments, complaints, answers to questions and information as to the matters described above, and based thereon, made such modifications in the preliminary assessment roll as it deemed desirable. 11. On June 30, 2011, the Town Commission of the Town duly adopted Resolution No. 11-11. A copy of Resolution No.I l-01 is attached hereto as Exhibit "E." 12. In Resolution No. 11-01, the Town Commission of the Town made the following OA findings and determinations: (a) that the estimated costs of the Project specified in Exhibit "A" to Resolution No. 11-11 are reasonable and proper; (b) that it is reasonable, proper, just and right to assess the cost of the Project against the properties specially benefitted thereby; (c) that the Project will constitute and result in special benefits to assessed properties different in kind and degree from benefits provided to the community as a whole; (d) that such special benefits from the Project to each assessed parcel will be in excess of the amount of the non ad valorem special assessment thereon and in excess of the costs so assessed; (e) that there is a logical relationship between the systems, facilities and services provided by the Project and the special benefits to the assessed properties; (f) that special benefits provided to affected lands include by way of example and not limitation, increased reliability of the services provided by the Project, improved safety, improved aesthetics, better service from updated equipment, and the enhancement of use and enjoyment of the assessed parcels; (g) that the non ad valorem special assessments set forth in the attached assessment roll, as mayhave been modified, have been calculated using a methodology that fairly and reasonably apportions the Project costs among the benefitted parcels in proportion to the benefits to such parcels; 13. Pursuant to Resolution No. 11-11, the non ad valorem special assessment methodology set forth in the preliminary assessment roll previously adopted by the Town Commission was amended and replaced with the assessment methodology attached to Resolution No. 11-11 as Exhibit "A." Resolution No. 11-11 provides that the non ad valorem special assessments (the "Assessments") against each respective parcel shown on the assessment roll, and interest and penalties thereon, shall be and shall remain a legal, valid and binding first lien on the property. 14. Resolution No11-11 provides that when the Project has been constructed or otherwise provided to the satisfaction of the Town Commission, the Town Commission shall adopt a resolution accepting the same and determining the actual costs (including financing costs) thereof, as required by sections 170.08 and 170.09, Florida Statutes. The Town shall credit, to each non ad valorem special assessment for project, the difference between the non ad valorem special assessment as hereby made, approved and confirmed and the proportionate part of the actual costs of the project, as finally determined upon completion thereat but, in no event shall the final amount of any such non ad valorem special assessment exceed the amount of special and peculiar benefits originally fixed, determined, ascertained, levied, imposed and assessed hereunder. 15. Resolution No. 11-11 provides that the non ad valorem special assessments shall be payable in not less than 10 nor more than twenty yearly installments, with the first installment levied on first notice of ad valorem taxes and assessments following completion of the Project. The special assessments shall bear interest at a not to exceed rate of 10% per annum over the term of the financing obtained by the Town, commencing on the date on which the Town first borrows funds to pay the cost of the Project, and will include annual costs related to administration and collection not to exceed 5%. 16 ResolutionNo.11-1l provides that notwithstanding the provisions of Section 170.09, Florida Statutes, pursuant to the authority of Sections 170.12 and 166.021, Florida Statutes, and Article VIII, Section 2(b) of the Constitution of Florida, the Town determines that the special assessments shall be subject to prepayment only on or before November 1, 2011 and thereafter shall not be subject to prepayment, and shall be payable only in installments as therein provided. 17. On June 30, 2011, the Town Commission of the Town duly adopted Resolution No. 11-12. A copy of Resolution No. 11-12 is attached hereto as Exhibit "F." 18. Resolution No. 11-12 authorizes the issuance of the Note in order to finance the cost of the Project. The Note shall be issued in registered form, shall be dated as of such date, shall mature on such date or dates within 21 years after the date of issuance, shall bear interest at such rate or rates not in excess of the maximum legal rate, shall be payable on such date or dates and in such manner, and shall be in such denomination or denominations as shall be provided by subsequent resolution of the Town Commission. 19. The Note will not constitute a general indebtedness of the Town, but will be payable from and secured by a first lien upon and pledge of the proceeds of the assessments levied by the Town pursuant to Resolution No. 11-12 and from certain other lawfully available non -ad valorem revenues of the Town as more particularly described and as provided in Resolution No. 11-12. WHEREFORE, the Town requests the Court to enter an Order in the form of a notice directed against the State of Florida and the taxpayers, property owners, and citizens of the Town, including non-residents owning property, or subject to taxation therein, and all other claiming or having any right, title or interest in the property to be affected by the issuance of the Note, or to be affected in any way thereby, requiring all such persons and the State of Florida, through its State Attorney for the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, to appear at a time and place to be designed by such Order and to show cause why the prayer of the Complaint should not be granted and why the Note, the Project, the Assessments, Resolution No. 11-09, Resolution No. 11-11, Resolution No. 11-12, and all of the proceedings taken by the Town in connection therewith, should not be validated and confirmed, and the Board further requests that, upon final hearing, a Final Judgment be entered, validating and confirming Note, the Project, the Assessments, Resolution No. 11-09, Resolution No. 11-11, Resolution No. 11-12, and all of the proceedings taken by the Town in connection therewith. Mark E. Raymond Florida Bar No. 0436534 4360 Northlake Boulevard Suite 204 Palm Beach Gardens, Florida 33410 Renee Basel From: Randolph, John C. <JRandolph@jonesfoster.com> Sent: Tuesday, June 25, 2013 2:10 PM To: 'Susan Schoettle-Gumm' Subject: James Gammon and Margo Stahl, 3851 N. Ocean Blvd., Apt. 412 (414& 415), Gulf Stream Susan, Marci Nolan has called me to inquire as to how we are coming with our response relating to her inquiry on behalf of her clients. I advised her that you were handling this matter, so expect a call or an email from her. JOHN C. RANDOLPH JONESFOSTER &? 1 L 11115. l'..1 John C. Randolph Attomey Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 irandolnh(@ionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com U.S. Treasury Regulation Circular 330 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. "Ibis email is personal to the named recipient(%) 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. Renee Basel From: Randolph, John C. <JRandolph@jonesfoster.com> Sent: Friday, June 07, 2013 8:49 AM To: 'Susan Schoettle-Gumm' Cc: Rita Taylor; 'dbrannon@bngengineers.com'; Bill Thrasher Subject: RE: Letter to Gulf Stream (c -o JRandolph) re Gammon Property.PDF Attachments: Letter to Gulf Stream (c -o JRandolph) re Gammon Property (2).pdf Attached is the letter. JONES FOSTER )UI ISS L 1\ &S 1 Lil&h. P.:\ Sally Matias Secretar)- to John C. Randolph and Fl. Michael Hasley Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 smatiasOlionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Hagler Center'I'ower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 1 www.ionesfoster.com U.S. 'Treasury Regulation Circular 230 requires us to advise You that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. '11iis email is personal to the named recipient(s) and mail 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: Susan Schoettle-Gumm [mailto:spgumm@mailmt.com] Sent: Thursday, June 06, 2013 5:16 PM To: Randolph, John C. Cc: 'Rita Taylor; dbrannon@bngengineers.com; 'Bill Thrasher' Subject: RE: Letter to Gulf Stream (c -o ]Randolph) re Gammon Property.PDF Skip - The attachment (evidencing "unity of title") referred to in the letter to you from Becker & Poliakoff did not come through with your email as forwarded to me from Bill Thrasher. Would you please send that attachment to me when it is convenient? Thanks, Susan Susan Schoettle-Gumm, PLLC Attorney & Counselor -at -Law Office 941-377-4948 Cell 941-320-3054 Email sosummOrnailmt.com 18099 Deer Prairie Drive, Sarasota, FL 32420 This message, together with any attachments, is intended only for the addressee. It may contain information which is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone (941-377-4948) or by return e-mail and delete the message, along with any attachments. From: Bill Thrasher [mailto:bthrasher(alaulf-stream.orol Sent: Thursday, June 06, 2013 2:03 PM To: dbrannon@bngenaineers.com; ssloummOrnailmt.com Cc: Rita Taylor Subject: FW: Letter to Gulf Stream (c -o ]Randolph) re Gammon Property.PDF Danny and Susan, Can either of you give information to us that may be useful in disputing their claim? Please acknowledge receipt of this letter even if you don't have an answer or information at this time. Thank you, Bill Thrasher From: Randolph, John C.[mailto:JRandoloh@ionesfoster.com] Sent: Thursday, June 06, 2013 1:22 PM To: Bill Thrasher; Rita Taylor Subject: FW: Letter to Gulf Stream (c -o ]Randolph) re Gammon Property. PDF Please see the attached in the event you have not received a copy. JOHN C.RANDOLPH JONESFOSTER }�hassrou a st uses, rti John C. Randolph Attorney Direct Dial: 561.650.0458 1 Pas: 561.650.5300 1 'randolph(@.ionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Centcr,rower, 505 South Flagler Drive, Suite 1100, \\ est Palm Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com U.S. T'reasur'y Regulation Circular 23U requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may. 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, sny review, dissemination, or copying of this email is prohibited. Please immediately- notify us by email and delete the original message. From: Espino, Daniel rmmailto:DEspino(cbbecker-ooliakoff.coml Sent: Tuesday, June 04, 2013 2:48 PM To: Randolph, John C. Cc: Nolan, Marcie Oppenheimer Subject: Letter to Gulf Stream (c -o ]Randolph) re Gammon Property.PDF Mr. Randolph, My firm and I represent Mr. and Mrs. Gammon who reside at 3851 N. Ocean Blvd., Apt 412 in Gulf Stream. Attached, you will find a letter presenting our client's position regarding the imposition of numerous assessment charges on them. Know that a hard copy of this letter has been dispatched to you by mail, as well. Please review this letter at your earliest convenience and contact me to discuss further. I hope to reach an understanding on this matter that can be memorialized and presented to the City and County to address the underlying situation. Thank you for your prompt attention to this very important pending matter. Sincerely, Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARECa)becker- Doliakoff.com. Daniel A. Espino Attorney at Law Alhambra Towers 121 Alhambra Plaza, 10th Floor Coral Gables, FL 33134 305.260.1039 Phone Alhambra Towers 121 Alhambra Plaza, 10th Floor Coral Gables, FL 33134 305.260.1039 Phone 305.442.2232 Fax D Esoi no0 becker-oo I la koff. com www.becker-pollakoff.com Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARECa)becker- Doliakoff.com. Renee Basel From: Randolph, John C. <JRandolph@jonesfoster.com> Sent: Wednesday, June 08, 20114:17 PM To: 'Susan Schoettle-Gumm' Subject: Town of Gulf Stream - Susan, I have checked on the transcripts and they would like us to pay half The transcript of 4/28/11 is $1,125.40 and the transcript of 5/13/11 is $1,058.80, for a total of $2,184.20. One-half is $1,092.10. That seems fair to me. I just wanted to know if you still wanted these transcripts. Thank you. JOHN C. RANDOLPH John C. Randolph Attorney Direct: 561-650-0458 Fax: 561-650-0465 I ra n d c l p h (a) i c n e s -f o s to r. c o m Jones, Foster, Johnston & Stubbs, P.A. Attorneys & Counselors 505 South Flagler Drive, Suite 1100, West Palm Beach, FL 33401 Telephone: 561-659-3000 Website U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may 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. Emerald Lake Corporate Park 3111 Stirling Road R�T Fort Lauderdnle, Florida 33312-6525 BECI<EL BECKS Phone: (954) 987-7550 Fax: (954) 985-4176 POLIA ADMINISTRATIVE OFFICE Reply To: 3111 STIRLING ROAD FORT LAUDERDALE, FL 33312 June 4, 2013 Daniel A. Espino, Esq. 954.987.7550 Direct Dial: (954) 9854177 I IRTWAIMNBFACH DEspino@becker-poliakoff.com W WW.SECKER-POUAKOM,COM Dear Mr. Randolph: VIA U.S. MAIL & Mr. John C. Randolph Town Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483-7427 FLORIDADRICES Re: Shwle Assessment Charge Required BO ARATON• James Gammon and Margo Stahl (husband and wife) FORTMYERS 3851 N Ocean Blvd., Apt 412 (414 & 415) I IRTWAIMNBFACH HOLLYWOOD Dear Mr. Randolph: HOMESTEAD KEYW45T• As you may be aware, our firm represents James Gammon and Margo Stahl, (collectively, "Mr. and Mrs. Gammon", residents of the Town of Gulf MELBOURNE' MIAMI Stream (the "Town"), with regard to the Town's non -ad valorem assessment on MIRAMAR Gulfstream Shores Condominium Association for the undergrounding of electrical NAPES utilities (the "Assessment"). Please allow this letter to formally advise you that OMAADO the multiple charges pertaining to the Assessment that have been levied against MAT 9.. LUCIE Mr. and Mrs. Gammon are inappropriate for the reasons that follow and to SARAwrA respectfully request that the Town take immediate action to rectify the situation TALLAHASSEE by charging our clients only once. TAMPABAY Mr. and Mrs. Gammon are the current owners of a unit at Gulfstream WESTPMMBEACH Shores Condominium that was formerly three (3) separate units. Units 414 & 415 in Gulfstream Shores Condominium have been owned by Ms. Stahl and her U.i.&GLORALOFFICES family since 1975. Our clients jointly purchased Unit 412 in 2010. Subsequent to NEWYORK.NEWYORK this purchase, they notified the Town of their intent to unify title under Ms. WASHINGION,D.C. Stahl's legal name, which they successfully accomplished in May of 2011. The MORRISTDWN, NEW JERSEY corresponding Unity of Title is attached hereto as Attachment "I". During that RD BANK, NEW JERSV time, the Town was engaging in the necessary steps to appropriately establish and PRAGUE, CZECH REPUBLIE levy the Assessment, a process which was completed in September of 2011. Though Mr. and Mrs. Gammon had successfully united the title of the properties •4I ePPaIMxnImM in May of 2011, a fact further substantiated by the 2012 Proposed Tax Bill addressed to Margo Stahl, which showed single charges for garbage and utilities, LEGAL AND BUSINESS STRATEGISTS MEMBER OF LEGUS. Via U.S. Mail & Via E-nail: jrandolph@iones foster.con Mr. John C. Randolph Toivn Attorney, Town of Gulf Streant Acne 4, 2013 Page 2 the Town charged her three (3) separate installments pertaining to the Assessment. This is inappropriate for the following reasons. As you are aware, "[n]on-ad valorem assessments ... may be collected pursuant to the method provided for in §§ 197.3632 and 197.3635, [as well as] pursuant to any alternative method which is authorized by law." Fla. Stat. § 197.3631. The assessment amount may be levied at once and payable within that same year, in accordance with § 197.3632, but the timing and collection of any assessment may vary depending on the respective enabling ordinance. In some instances, the entire assessment amount may be levied in a single year, with the property owners being afforded the ability to make installment payments over the course of multiple years to accomplish repayment. See Fla. AGO 94-13. However, there are those situations in which the non-ad valorem assessment is levied against properties in annual assessments that take place over a period of years. Id. That is, in the former, the assessment is levied at one time but repayment occurs over multiple years, while, in the latter, the full assessment amount is accomplished by independent assessments over the course of consecutive years. The foregoing is a pertinent distinction relevant to the establishment of the date on which an assessment attaches to a property. A lien for all taxes, penalties and interest attaches to any property upon which a lien is imposed by law on the date of assessment and continues in full force and effect until discharged by payment as provided in chapter 197, Florida Statutes, or until barred under chapter 95, Florida Statutes. Fla. Stat § 192.053. Should a property owner default on any payment of principal or interest in situations where a multiple-year repayment is permitted, the remaining outstanding balance of that assessment may become immediately due and subject to foreclosure without further notice of proceedings because the amount of the assessment is fixed at the time of the levy as created by the enabling ordinance, even though it is permitted to be paid off in installments. Fla. AGO 94-13. "Thus, when the entire assessment is levied against the real property and the enabling ordinance contains an acceleration clause, is appears that the entire recorded non-ad valorem assessment, collected pursuant to section 197.3632, Fla. Stat., would be a `lien of record held by a governmental unit."' Id. In contrast, in those situations where individual assessments are levied over the course of consecutive years, only those annual assessments that have been assessed are delinquent would constitute a `lien of record for a governmental unit."' Id. That is, annual assessments for future years would not be levied, and a lien for such installments would not attach, until January 1B1 of the future consecutive year in question. Id. Thus, non-ad valorem assessments that are levied as a single amount in a single year and either require repayment in that same year or over multiple years attach to any given property upon the satisfaction of the requirements of § 197.3632 Fla. Stat. In the case of the referenced Assessment, the Town did not satisfy the requirements of § 197.3632 Fla. Stat. until all of the enabling resolutions and ordinances were passed and adopted. The final enabling resolution, Resolution No. 11-12, was passed and adopted on June 30`h, 2011. Mr. and Mrs. Gammon successfully unified the title of their properties on May 13fl', 2011, nearly a month Via U.S. Mail & Ira E -nail: jraadolph@iones festenconl Mr. John C. Randolph Town Attorney, Town of GulfStrean: June 4,1013 Page 3 before the Town completed the assessment process. By the time that the Assessment could, would and did attach, Mr. and Mrs. Gammon had only one, unified, property at Gulfstream Shores Condominium Association. Therefore, Mr. and Mrs. Gammon should have only incurred a single Assessment charge, instead of the three assessment charges that were levied and noticed on their tax bill. In light of the foregoing, I respectfully request, on behalf of our clients, that the Town acknowledge and confirm the position stated in this letter, correct in its records the appropriate Assessment amount attributable and owed by our clients, and duly notify Palm Beach County of said correction so that Palm Beach County may issue an updated and revised tax bill to Mr. and Mrs. Gammon reflecting the correct amount. Our clients are eager to pay their proportionate share of the Assessment and to see the completion of the related improvements. As such, I thank you in advance for your prompt attention to this very important pending matter. Should you wish to discuss this matter further, please do not hesitate to contact me at your earliest convenience. Thank you very much. Daniel A. Espino For the Firm 10 ACTIVE: 4740518_2 DRAFT6/3/13