HomeMy Public PortalAbout01 20 16 MinutesMINUTES OF THE CODE ENFORCEMENT HEARING HELD BY THE CODE
ENFORCEMENT SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM ON,
WEDNESDAY, JANUARY 20, 2016, AT NOON, IN THE COMMISSION CHAMBERS
OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. THIS IS A
CONTINUATION OF THE HEARING THAT COMMENCED ON DECEMBER 4, 2015
AND WAS CONTINUED TO DECEMBER 14, 2015.
The Special Magistrate, Gary Brandenburg, called the meeting to
order at noon, explaining that this is a continuation of the
hearing that was set and postponed at the request of the
Respondent. He then explained that on January 19, 2016 he
received e-mail correspondence from the respondent that he had
terminated his lawyer and that he was requesting another
postponement. Mr. Brandenburg said that he responded that he
should be prepared to proceed today with the Hearing and with
any arguments he might have in regard to his counsel. He then
called on Mr. O'Hare to proceed.
Mr. O'Hare stated there was new evidence produced, not part of
the citations or the notice, specifically public record
requests, the amount of them and law suits that have been filed,
nothing to do with this action. He said that, after reviewing
the past proceedings, he realized this is more than a code
enforcement hearing and that he was not prepared to move forward
until he is able to obtain a qualified counsel with litigation
experience and who can actually present his case and represent
him for the scope of what is taking place. He said he is not
ready to move on and respectfully requested that he have some
time to find a counsel, to ask them if they are interested in
his case, to fit into their schedule, to negotiate a
representation agreement, to bring them up to speed on the
volumes of information that Mr. Randolph introduced into
evidence at the last hearing. He said he can't say how long
that may take but he wants this matter resolved as quickly as
possible. He went on to say that he applied for a roof permit
yesterday as per testimony that that was the resolution of the
first violation but had not heard if it has been approved. He
begged to have more time to get someone to represent him in a
fair hearing.
Mr. Brandenburg said he was only present to determine the code
enforcement matter and that has no constitutional or statutory
powers to do anything other than just code enforcement. He
further said that any other items that are presented to him that
do not pertain directly to the code enforcement matter,
currently being considered, will not be given any weight by him
in determining the code enforcement matter. He further said
there is no constitutional or statutory right for a person that
has been charged with a code enforcement matter to have counsel
present, and in the vast majority of code enforcement cases that
come before municipalities and counties throughout Florida, the
respondents represent themselves without counsel. He commented
that Mr. O'Hare has chosen to have counsel which is his right
and privilege. He further commented that there have been at
least two previous requests for postponements from Mr. O'Hare
and his previous counsel to afford opportunities to better
present their case and this matter has drug out for quite some
time and he was not inclined to drag this matter on further,
adding that he would like to see this matter resolved today and
understands that in proceeding in this fashion he would be
representing himself. Mr. Brandenburg said he would give him
certain leeway, since he is not a lawyer, to go forward and
present his case as best he can, assuring him that he will give
all the matters he presents good consideration when it comes to
deciding this issue.
Mr. O'Hare replied that he appreciates that and believes Mr.
Brandenburg is an impartial adjudicator but he does not feel
this is a normal code enforcement hearing in that it was
initiated immediately after a federal judge "said a threat of
Rico Charge against me". He said he believed the only reason
this is happening is because the Mayor told the Town Manager,
"get that guy". He said that his previous experiences with
Magistrates Torcivia and Donlan, who have decided they want
nothing more to do with the town, has given him cause to think
there is more going on and he would not be able to represent
himself. He felt he needs a professional who can undo some of
what Attorney Randolph did at the last meeting.
Mr. Brandenburg assured Mr. O'Hare that any testimony he would
present and any matters he presents will be given their fair
weight and that he is not either authorized by law or inclined
to consider any issues regarding the other matters he has
brought forward and this is purely a code enforcement matter. He
said the issues are, what is the section of the Code and is the
Code violated or is it not, a simple matter. He advised that he
has done this in many jurisdictions throughout Palm Beach County
and other Counties and that he is very familiar with limiting
the scope of his inquiry to what is in his authority and what is
not.
Attorney Randolph was recognized and advised that the town is
here only to enforce the provisions of its code. He reminded
there are 3 provisions cited and they are here to provide
evidence of those violations and are prepared to go forward
today. He objected to any extension based upon the request to
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get another attorney and he asked to present, for the record, a
list of 27 cases that Mr. Roeder is representing Mr. O'Hare on
along with recent filings by Mr. O'Hare where he has asked Mr.
Roeder to serve as counsel for him. He felt it important for
this to be on the record, at least in regard to the request for
postponement. He believed this request to be without merit and
he presented the aforementioned list.
The Special Magistrate asked Mr. O'Hare if he cared to indicate
to him if the attorney Mr. Randolph referred to is continuing to
represent him on these other cases, adding that he does not need
to answer that if he does not want to.
Mr. O'Hare replied that he didn't want to speak to anything that
might be attorney/client privileged but said he had been
completely pre occupied for weeks with this hearing at the
expense of many things including his personal relationships and
all of those cases are being evaluated as to his representation.
He added that this has not been completed but in this particular
case they have a difference in strategy. He pointed out that Mr.
Roeder is a gentleman, treats people gently and there is a big
difference of opinion, not to be taken that he wouldn't treat
people in a gentlemanly manner.
Special Magistrate Brandenburg ruled that Mr. O'Hare's request
for another postponement is denied and the hearing will proceed
to a conclusion of this matter. He said that he will give Mr.
O'Hare leeway, give him adequate opportunity to present his
evidence and anything he would like to have heard today. He
asked for his cooperation to move ahead and conclude this
matter.
Mr. O'Hare asked for a minute to get a drink of water which was
granted and a staff member provided a bottle of water for him.
Mr. Randolph advised that he had asked for the previous meeting
to be transcribed and that he has a copy for the Magistrate if
he feels it may be helpful, and asked to present it. The
Magistrate asked if copies had been provided to the respondent
to which Mr. Randolph advised that it was the Respondents Court
Reporter and he assumed they had a copy. Mr. O'Hare replied, to
a question from the Magistrate, that he did not have a copy and
Mr. Brandenburg asked Mr. Randolph if the Town would supply one
to him. Mr. Randolph said they would see that a copy is made for
him before the end of the meeting today.
Mr. Brandenburg asked Mr. O'Hare if he needed the copy to assist
in his presentation or would having it by the end of the meeting
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be sufficient. Mr. O'Hare replied he is not prepared to go ahead
with any proceedings and has no opinion on when they should be
provided to him.
Mr. Randolph found an extra copy and presented it to Mr. O'Hare
Mr. Brandenburg asked Mr. O'Hare if he was ready to present his
case to which Mr. O'Hare responded the he is having a real
problem and asked for a minute. The Special Magistrate suggested
that Mr. O'Hare sit for a minute.
Mr. Randolph said he had some additional evidence which he
intended to present with his case but that he could present it
now if Mr. O'Hare wanted some additional time.
Mr. O'Hare said this is of no interest to the court but this is
the tip of a giant iceberg that has resulted in his wife
divorcing him and his family being broken up. He added that if
he knew 4 years ago what was going to happen, things would be
different. He did not feel he could make his case today and that
physically he felt very strange.
Mr. Brandenburg reminded that yesterday, when he received Mr.
O'Hare's request for a postponement and notification of his
attorney's status, he advised Mr. O'Hare to come to court today
and to be prepared to proceed forward and Mr. O'Hare
acknowledged this. The Special Magistrate reminded again that he
is only dealing with the issue of whether or not the violations
alleged against him under the Town Code have occurred, and if
so, what is the appropriate remedy and time frame to put those
in place. He further reminded that he is not dealing with any of
the sub -issues that he may have surrounding himself and his
family.
Mr. O'Hare said that he understands that a Special Magistrate
has leeway in the admission of evidence and the conducting of
the hearing. He further understood that a writ of cert appeal is
limited as to whether he was properly noticed and given a chance
to speak but not on anything that went down. He felt that
without someone at least equal to Mr. Randolph's stature, that
he will not be able to present a sufficient case and asked again
for time to find another representation.
Mr. Brandenburg pointed out that Mr. O'Hare has had a very long
time between the last hearing and now to determine if his lawyer
was satisfactorily presenting his case as desired. He further
pointed out that Mr. O'Hare had waited until 2:45 P.M. yesterday
to advise that he had changed lawyers and that he was told that
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he needed to be prepared to move ahead today. He repeated, once
again, that most code enforcement cases proceed with respondents
not having lawyers in attendance and therefore this case will
proceed today and whether or not Mr. O'Hare presented evidence
would be up to him. He said that at the end of the hearing he
would rule based on the evidence that had been presented to him.
Attorney Roeder, speaking from the audience said some assistance
was needed and Attorney Randolph asked a police officer who was
in the lobby for assistance but Mr. O'Hare stated he didn't want
a police officer. Paramedics were called and Lt. Allen coached
Mr. O'Hare with regard to his breathing, questioned him about
whether he had pain and then placed a defibrillator within reach
in case it should be needed.
The Special Magistrate declared the hearing in recess at 12:15
P.M. until the status of the respondent was determined.
Paramedics promptly arrived and Mr. O'Hare was removed from the
building, after which the hearing resumed and Attorney Randolph
recalled that Mr. Brandenburg had said to Mr. O'Hare earlier
that we were prepared to go forward whether he had any evidence
to present or not. He commented that obviously he has none to
present and in fact had never intended to present any today.
Mr. Randolph said, without seeming empathetic, the Town is of
the opinion that the request to go forward without an attorney
was a ruse and he also believed that the episode that took place
is a ruse. He said that, if the hearing were to go forward
today, he anticipates that Mr. O'Hare will appeal declaring that
he did not receive due process on two counts, those being that
he could not get his attorney and because he was in ill health
and unable to go forward. He said once again he believes this is
a ruse because it is the fourth time that he had filed for a
postponement. Mr. Randolph reminded that all have been very
accommodating in the past in granting the postponements and that
he is ready to go today and present additional evidence, no
additional testimony, to make his argument and to have a ruling
made by the Special Magistrate.
Mr. Brandenburg stated he understood but under the circumstances
he was going to postpone this hearing until Mr. O'Hare or his
representative can be present. He added it will be reset for
next week with the exact day to be determined by the schedules
of Mr. Randolph and Mr. Brandenburg. He said Mr. O'Hare will be
notified of that date and that he needs to have himself or a
representative present for the remainder of this hearing.
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This session of the hearing closed at approximately 12:50 P.M.
Rita Taylor
Town Clerk