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HomeMy Public PortalAboutPRR 16-2172From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com] Sent: Friday, April 29, 2016 6:24 PM To: Rita Taylor <RTaylor@gulf-stream.org>; Bill Thrasher <bthrasher@gulf-stream.org> Subject: Public Record Request - brandenburg - style litigation Dear Custodian of Records, I wish 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 also be material to current, anticipated or presently unforeseen legal action. 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. 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. In all cases please reference Florida Statutes and appropriate case law when responding to this record request. Please read this entire request carefully and respond accordingly. This email is a singular request for public records through the agency known as of the Town of Gulf Stream. Please respond to this public record request in a singular manner and do not combine this public record request with any other public record requests when responding to this request. Do NOT produce any records other than records responsive to this request. Please identify by name the person or persons responding to this request. 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 trouble you for it. Unfortunately I can not find the records I wish to examine. NOTE: This is a request for public records in the custody of Special Magistrate Gary Brandenburg ONLY. Please do NOT produce any records in the custodv of the Town of Gulf Stream. Limit your response to ONLY records in Mr. Brandenburq's custody. As background to this record request I call your attention to the attached Special Magistrate Order CASE NO. 15-1 which was signed by Mr. Gary Brandenburg on March 22, 2016. Specifically paragraph 2 on page 5 in which Brandenburg writes: During the litigation, the style of house and roof covering allowed by Town Code was litigated extensively and is not a subject to be revisited in this Code Enforcement hearing. Since the enforcement of Town code section 70-238 is only applicable to O'Hare's property if indeed the style of O'Hare's house has been determined, please produce any record in the custody of Gary Brandenburg that supports his statement, or any record Brandenburg reviewed, referenced or relied upon in order to conclude that the style of O'Hare's home "was litigated extensively and is not a subject to be revisited in this Code Enforcement hearing." Another way of describing the record I wish to inspect, that may clarify but does not replace my previous description, is: What record did Brandenburg have knowledge of that caused him to confidently write, "the style of house... allowed by Town Code was litigated extensively and is not a subject to be revisited in this Code Enforcement hearing." I make this request pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119 of the Florida Statutes. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by 6119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by �119.07(1)(f) of the Florida Statutes. Please take note of $119.07(1)(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, if so, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by your agency in an electronic format please produce the records in the original electronic format in which they were created or received. See 6119.01(2)(f), Florida Statutes. Please 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 6119.07(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 phrase Town of Gulf Stream used herein refers to the Town in its entirety including all employees, appointees, officials, assignees, counsel and consultants including Town Manager, Town Clerk, Town Police Chief, Town Commissioners, Town Mayor, Town Departments, Town Police Officers, Town Employees, Town Engineer, the law firm (Jones Foster Johnston & Stubbs P.A.) that claims to be the Town Attorney including all attorney, partner and employee members of that firm; the Town Counsel of Sweetapple, Broeker & Varkus including all attorney, partner and employee members of that firm, the Town Counsel of Richman Greer, P.A. including all attorney, partner and employee members of that firm and any other entity associated with the Town and subject to public records law. The term public records 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 stead provide the disposition record for my inspection. I hereby reserve all rights granted to me under the Florida Constitution and Florida Statutes. All responses to this public records request should be made in writing to the following email address: chrisoharegulfstream(cDgmail.com ORDER TOWN OF GULF STREAM 100 Sea Rd. Gulf Stream, FL 33483-7427 SPECIAL MAGISTRATE ORDER CASE NO. 15-1 PROPERTY OWNER: CHRISTOPHER F. O'HARE 2520 AVENUE AU SOLEIL GULF STREAM, FL PCN: 20-43-46-04-22-000-0360 THIS MATTER came before the Special Magistrate for a hearing held at Town Hall on March 7, 2016, pursuant to a Notice of Violation issued by the Town of Gulf Stream ("Town") to Christopher F. O'Hare ("Respondent') on August 14, 2015. The Notice of Violation (NOV) alleged the following violations: SEC. 42-29 CONSTRUCTION ABANDONMENT SEC. 70-238 ROOFS SEC. 70-99 ROOF DESIGN, SLOPE & MATERIALS The Town set the matter for hearing, which was convened on Friday, December 4, 2015, at 10:00 a.m. The Respondent and his attorney, Mr. Roeder, were present. Mr. Randolph, the Town Attorney, and Mr. Thatcher, the Town Manager, were also present. The Respondent requested a postponement because he was not afforded pre - hearing discovery which typically occurs in Circuit Court trials. The postponement was denied. There is no process allowing pre -hearing discovery, other than the issuance of subpoenas by the Special Magistrate, and Public Records Requests, both processes which the Respondent was aware of and utilized. On December 4, the hearing began at 10:00 am. and the proceeding adjourned at 4:15 p.m. Christopher F. O'Hare Case No. 15-1 Page 2 Several attempts were made to re -convene the hearing, to no avail. Respondent terminated his attorney shortly before a scheduled hearing and was not able to find suitable counsel. On another occasion the proceedings began and were shortly thereafter adjourned due to medical issues that required the Respondent to be transported to a hospital. Respondent's doctors requested that the hearing not occur for a period of time. On Monday, March 7, 2016, the hearing was continued. The Town appeared with the same representation. The Respondent appeared pro se, with two assistants, both attorneys, one of which was his attorney on the first day of the hearing. He was now offered as a witness. The hearing re -convened at 10:00 a.m. and concluded with closing arguments completed at approximately 6:00 p.m. During the two days of hearing, the Town presented 24 exhibits, some composite with several pages, marked T-1 through T-24. The Respondent proposed 41 exhibits, some composite with several pages, all of which were admitted with the exception of R- 32 (composite), R-35, and R-31. The parties agreed the Special Magistrate could take time to review the evidence and submit a written order, waiving the requirement that the decision be announced at the conclusion of the hearing, and that a written order would follow in ten (10) days. It was agreed the decision would be mailed to the parties. Both parties were given the opportunity to submit proposed Findings of Fact, and did. BURDEN OF PROOF The Town carries the burden of showing the violation occurred by producing evidence that must be competent and substantial. SUMMARY OF CASE Section 42-29 Construction Abandonment The Respondent applied for and received a re -roofing permit on August 30, 2011. Permit No. 11-135146 was issued to Rooftec Corporation, the Respondent's contractor. As of the date this hearing concluded, Respondent's previous roof had been removed, and new underlayment and waterproofing had been added. The roof remains unfinished with no tile or finishing roofing material in place. The Town contends the permit is inactive under Florida Building Code Section 105.4.1.3, which requires an approved inspection every 180 days. The Town, therefore, reasons that the Respondent has not completed construction of the re -roofing project within the timefirame of the Building Permit and is in violation of Section 42-29. Christopher F. O'Hare Case No. 15-1 Page 3 The Respondent asserts several defenses to the Town's argument. The Town of Gulf Stream has an Interlocal Agreement dated 30 September, 2009, with the City of Delray Beach ("Delray") that provides for Delray to act as the Town's Building Department (T-5). Prior to November 15, 2009, the County served as the Town's Building Department. Pursuant to a Memorandum of Understanding between the Town Manager, Building Official for Delray Beach, and County Building officials, the arrangement with the County was terminated and Delray undertook the responsibility on November 15, 2009. There was a provision to allow County officials to act on permits after November 15, 2009, in certain circumstances (paragraph 2.b., T-15) The Respondent points out that the Interlocal Agreement between the Town and Delray was not recorded in the Public Records, as required by Florida Statute § 163.01(11) until February 11, 2013, (ORB 25785, Page 0534) and, therefore, was not effective on August 30, 2011, when the Building Permit was issued and that secondly, Section 42-29 of the Codified Codes and Ordinances of the Town still refers to "a Building Permit issued by the County". Since the permit was not issued by the County, it does not fall within the abandonment language of § 42-29. Both of these arguments are rejected. Section 42-26 of the Town Code, enacted on November 13, 2009, corresponding approximately to the date of the Interlocal Agreement, was an Ordinance providing that Delray's Building Codes would apply. Section 42-27 also provided that Delray would issue all permits and conduct inspections. All parties understood and followed the procedure of applying to Delray for the re -roofing permit. The Delray Beach Building Official testified that the previous Building Official had determined the permit was inactive, and he had no reason or information to contradict his decision. The Town and Delray relied on the Florida Building Code to determine when a permit becomes inactive. The first paragraph of § 42-29 refers to the time period when the County issued the permits, and active County -issued permits after Delray took over as the Town's Building Department, and is merely a relic of the past. Respondent was cited with paragraph 2, which deals with keeping a building permit active whether issued by Delray or, as was previously the case, the County. It should be noted that if Respondent's first argument regarding the Interlocal Agreement was correct, and Delray did not have the authority to act as the Town's Building Department, Respondent would never have had a valid permit to begin the re- roofing project. Respondent never applied for permits from the County, as that process had been replaced. The parties' actions confirm, and a long history shows, all involved knew and processed the permits through Delray. Christopher F. O'Hare Case No. 15-1 Page 4 Next, Respondent argues that the inspection to keep the re -roofing permit active did not have to be by a Delray Beach Inspector. Testimony offered by Respondent showed that under certain conditions such as "threshold buildings" and other complicated structures, Building Departments will allow and accept other qualified professionals to conduct inspections on behalf of the Department. There was no testimony or evidence to suggest that the Town or the City of Delray Beach Building Department authorized anyone other than Delray inspectors to conduct roofing inspections on Respondent's house. There is no need to comment on Respondent's evidence regarding delivery of inspections by unauthorized persons to Delray. The last inspection by a Delray employee was April 26, 2012. The permit became inactive under the Florida Building Code on November 26, 2012. The most the Respondent was able to show were several letters from T.E. Lunn, PE, LLC, addressed to Respondent, indicating additional hot -mopping of material to offset deterioration of the underlayment due to excessive exposure for long periods, to prevent water intrusion. There is no evidence that Delray accepted these as valid inspections. There was no evidence of the project progressing towards completion. Next, Respondent argues that he did not receive notice that the Building Permit was inactive. At the very least, Respondent was put on Notice of the inactive permit when he received the Notice of Violation on August 5, 2015, four months prior to the commencement of this hearing. In addition, the Delray Beach Building Department testified that Notices of Inactive Permits were typically given when an owner called for an inspection or other activity on the permit. Since there were no inspections requested from Delray after April 26, 2012, there was no notification. Next Respondent argues that the expiration of the permit was tolled by virtue of legal proceedings. Attorney Roeder testified that there was active legal activity on Respondent's roof since 2012. FloridaBuilding Code § 105.4.1 provides the 180 day period "shall not be applicable in case(s) ... when the building work is halted due directly to judicial injunction, order or similar process." Respondent failed to show any order from any of the litigation that required the work on the roof to be halted. The only testimony with respect to this issue was that Respondent was not happy with the type of roofing the Town would allow and voluntarily waited to finish the work in the hope of a Court order which would allow his preferred choice. Section 70-238 Roofs Respondent wanted a metal roof. This request was denied by the Town Manager. Respondent appealed to the Board of Adjustment, resulting in the denial of his request. Respondent filed a Petition for a Writ of Certiorari with the Circuit Court for the 151 Judicial Circuit (T-8), which was denied Per Curiam (T-9). That decision was appealed to the Fourth District Court of Appeals, and the Court denied the petition on its merits (T- 10). Christopher F. O'Hare Case No. 15-1 Page 5 Respondent then applied for a revised Building Permit to install a "solar sandwich" roof, which was denied. Respondent appealed to the Board of Adjustment and the Board denied his appeal. Respondent filed a petition for Writ of Certiorari with the 15's Judicial Circuit, appealing the denial. The denial by the Board of Adjustment was affirmed Per Curiam (T-11). During the litigation, the style of house and roof covering allowed by Town Code was litigated extensively and is not a subject to be revisited in this Code Enforcement hearing. The evidence is clear that there is no file or any other protective material over the underlayment which is in place on Respondent's roof. Although it has been thoroughly argued and decided in previous litigation what type of tile must be used on Respondent's house; it is clear that some type of finished roof material must be installed, and there is none. Section 70-99 Roof Design, Slone & Materials Section 70-99 prohibits inconsistent roofing materials visible from the exterior of the property.. The preamble of § 70-99 reads: "Roofs are a major visual element and should be carefully considered as to the proportion, texture, color and compatibility with both the house style and neighboring buildings. Similarities in roof types create a visual continuity in the streetscape and neighborhood. Broad low roof lines with overhanging eaves provide a reassuring sense of shelter and create shade for underlying windows." The testimony presented established that Respondent's roof, consisting of hot - mopped underlayment, was visible from the exterior and inconsistent with Town Code, which requires a finished layer of approved tile or other approved material. It is also inconsistent with the roofs on homes in Respondent's neighborhood. Roofing consisting of underlayment only is not permitted and is not consistent with the Town Code. FINDINGS OF FACT 1. Christopher O'Hare is the owner (Respondent) at 2520 Avenue Au Soleil, Gulf Stream, FL 33483. 2. The Notice of Violation dated August 4, 2015, was properly served by Hand Delivery on August 5, 2015. Christopher F. O'Hare Case No. 15-1 Page 6 3. The Notice of Hearing was properly served and Respondent was present with counsel on December 4, 2015, and again pro se on March 7, 2016, with two Attorney advisors. 4. The summary of the case is incorporated in these Findings of Fact. 5. The Town has shown, by substantial competent evidence, violations of Section 42-29, Section 70-238, and Section 70-99. COMPLIANCE The Respondent is'lhereby ordered to bring his property into compliance by: A. Installing a flat, white thru and thru, smooth uncoated tile; or B. Installing similar tile to what was removed. (The Building Permit expired, requiring the Respondent to restore the roof with the previous covering.) This was an S-shaped terra cotta tile, identified at the hearing as Exhibit T-20 (Barcelona 900), or other similar tile approved by the Town; or C. Apply a roofing material that is otherwise approved by the Town. I will note that continuous applications, demands, and appeals will not suffice as a reason to delay compliance. CONCLUSIONS OF LAW The above Findings of Fact constitute a violation of the Sections of the Codes and Laws of the Town of Gulf Stream set forth above. It is the Order of this Special Magistrate that Respondent shall comply, as set forth above, by June 1, 2016, with this Order. Failure to comply may subject the Respondent to fines and liens upon the property that is the subject of this hearing, and all other property owned by Respondent in Palm Beach County. Administrative costs of $150.00 are awarded to the Town, which Respondent will pay within 10 days. Christopher F. O'Hare Case No. 15-1 Page 7 The Town is ordered to inspect the property on June 1, 2016, and, if it is not found to be in compliance, to convene a hearing to determine compliance with this Order and such other matters that are deemed appropriate. DONE AND ORDERED this 7-2eyof March, 2016 G M. randenburg, Special M lstrate STATE OF FLORIDA COUNTY OF 2001M &?Iq(�j vai The foregoing was swom to, subscribed and acknowledged before me on this the as day of f%9f RCN 2016, by Gary M. Brandenbur , as Special Magistrate for the Town of Gulf Stream, Florida. He i personally known to me r has produced as (SEAL) Notary Public-USignature / r'se)o/ra L y,,,) /V a Notary Public — Print Name Commissioner No.: F/= / 93 9S�l My Commissioner Expires: 313 /.9 SANDRA LYNN MALLOY .; MYCOMMISSIONOFF193V EXPIRES: Match 31, 2919 Bonded Thm Netery PcbkUndemrhm Notary Public-USignature / r'se)o/ra L y,,,) /V a Notary Public — Print Name Commissioner No.: F/= / 93 9S�l My Commissioner Expires: 313 /.9 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail May 6, 2016 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS #2172 (brandenburg - style litigation) As background to this record request I call your attention to the attached Special Magistrate Order CASE NO. 15-1 which was signed by Mr. Gary Brandenburg on March 22, 2016. Specifically paragraph 2 on page 5 in which Brandenburg writes: During the litigation, the style of house and roof covering allowed by Town Code was litigated extensively and is not a subject to be revisited in this Code Enforcement hearing. Since the enforcement of Town code section 70-238 is only applicable to O'Hare's property if indeed the style of O'Hare's house has been determined, please produce any record in the custody of Gary Brandenburg that supports his statement, or any record Brandenburg reviewed, referenced or relied upon in order to conclude that the style of O'Hare's home "was litigated extensively and is not a subject to be revisited in this Code Enforcement hearing. " Another way of describing the record I wish to inspect, that may clary but does not replace my previous description, is: not record did Brandenburg have knowledge of that caused him to confidently write, "the style of house... allowed by Town Code was litigated extensively and is not a subject to be revisited in this Code Enforcement hearing. " Dear Chris O'Hare [mail to: chrisohareeulfstreamaemail.coml, The Town of Gulf Stream has received your public records requests dated April 29, 2016. The original public record request can be found at the following links httv://www2.gulf- stream.org/weblink/O/doc/90364/Pagel.asi)x 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 From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com] Sent: Friday, May 06, 2016 4:50 PM To: gary@brandenburgpa.com; Rita Taylor <RTaylor@gulf-stream.org>; Bill Thrasher <bthrasher@gulf- stream.org> Subject: follow up Fwd: GS #2172 (brandenburg - style litigation) Dear Custodian of Records, I am in receipt of your standard form letter wherein you seek more time to respond because you are "currently working on a large number of incoming public records requests." I hope the Custodian of Records for Mr. Brandenburg is not likewise prevented from acting on this record request promptly and your current work load won't prevent him from providing the records to you so you can provide them to me. In order to save time and any unnecessary effort on your part, why not ask Mr. Brandenburg to provide the public records directly to me for my inspection? I remind you that I specifically requested to inspect Public records in the custody of Special Magistrate May I hear from you or from Mr. Brandenburg soon? Have a great weekend, Chris O'Hare From: Gary Brandenburg [mailto:gary@brandenburgpa.com] Sent: Saturday, May 07, 2016 11:58 AM To: Chris O'Hare<chrisoharegulfstream@gmail.com> Cc: Rita Taylor <RTaylor@gulf-stream.org>; Bill Thrasher <bthrasher@gulf-stream.org> Subject: Re: follow up Fwd: GS #2172 (brandenburg - style litigation) Mr. O'Hare Under the new legislation you are required to request any public records held by contractors from the city. Please do not contact me again regarding Gulf Stream public records. From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com] Sent: Saturday, May 07, 2016 2:32 PM To: Gary Brandenburg <gary@brandenburgpa.com> Cc: Rita Taylor <RTaylor@gulf-stream.org>; Bill Thrasher <bthrasher@gulf-stream.org> Subject: Re: follow up Fwd: GS #2172 (brandenburg - style litigation) Mr. Brandenburg, You write, "Please do not contact me again regarding Gulf Stream public records." To this I again remind you I DO NOT WANT TO INSPECT RECORDS IN THE CUSTODY OF THE TOWN OF GULF STREAM. I do not know how to be any more clear to you on this matter. I won't to inspect records in your custody ONLY. The new law does not prohibit me from contacting you at the same time that I contact the Town. I contacted you as a courtesy to you so you would have a copy of my request to the Town. I also thought contacting you at the same time as I contact the Town would help to expedite the production of the public records I want to inspect. I have already told you that I consider the production of this record urgent as it may be material to a legal action. You are required by law to assist the Town in the production of responsive records that are in your custody. The Town writes that they are too busy working on other record requests. to produce these records now. Are you too busy as well? I asked for a simple record that must exist but I have been unable to find it anywhere. You must have it since you refer to it in your Order in the matter of CE 15-1. Perhaps if you review of your notes from the hearing (another record I have already requested to inspect) you will find the source for the record that is the subject of this request. Here is the request again for your reference: Any record in the custody of Gary Brandenburg that supports his statement, or any record Brandenburg reviewed, referenced or relied upon in order to conclude that the style of O'Hare's home "was litigated extensively and is not a subject to be revisited in this Code Enforcement hearing." May I hear from you soon? Sincerely, Chris O'Hare On Mon, May 9, 2016 at 11:22 AM, Gary Brandenburg <gary r+,brandenburena.com> wrote: Mr. O'Hare I do not know how My previous response can be any more clear. I do not have any Public records described in the request you have referenced in this email. All evidence from the hearing is in the position of the Town. The Town has a tape of the meeting. Gary Brandenburg, Esq. Brandenburg & Associates, P.A. 11891 U.S. Highway One, Suite 100 North Palm Beach, FL 33408 (5611799-1414 (561) 371-1824 (cell) (561) 758-7496 (Sandy cell) Ga ryCdBra ndenburePA.com From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com] Sent: Monday, May 09, 2016 8:50 PM To: gary@brandenburgpa.com; Bill Thrasher <bthrasher@gulf-stream.org>; Rita Taylor <RTaylor@gulf- stream.org> Subject: Re: follow up Fwd: GS #2172 (brandenburg - style litigation) Mr. Brandenburg, Thank you for your continued response to my record request. I remind you I seek to inspect a public record that must exist because you reference it in your Order in the matter of Town of Gulf Stream CE 15-1. You very clearly wrote on page five of your Order, "During the litigation, the style of house and roof covering allowed by Town Code was litigated extensively and is not a subject to be revisited in this Code Enforcement hearing. " The style of my home is material to whether or not I was in violation of Town code Section 70- 238. You determined my home was in violation of section 70-238 and you claim the style of my home was litigated extensively and is not a subject to be revisited in this Code Enforcement hearing. I do not believe the style of my home has ever been litigated but since you have determined that it has indeed been litigated and by inference that a court of competent jurisdiction has determined that my home is in fact subject to section 70-238 I therefore am trying to inspect the public record document that you used to reach that conclusion. Here again is my request for your reference: Any record in the custody of Gary Brandenburg that supports his statement, or any record Brandenburg reviewed, referenced or relied upon in order to conclude that the style of O'Hare's home "was litigated extensively and is not a subject to be revisited in this Code Enforcement hearing." I searched all the evidence from the hearing In my custody and on the Town's website. I can not find any record in the proceedings that could reasonably be considered evidence supporting your conclusion that the style of my home was litigated extensively and is not a subject to be revisited in this Code Enforcement hearing. Now you write to tell me you have no records described In my request. If you have no responsive records and the Town has no responsive records then I respectfully request you explain to my how you reached the conclusion that my home is in violation of section 70-238 and my roof covering choices therefore must be limited to: A. Installing a flat, white thru and thru, smooth uncoated tile; or B. Installing similar tile to what was removed. Your immediate attention to this matter and your Immediate response are of utmost importance and urgency to me as I am about to install a roof material I do not want on my home in order to avoid the threat in your Order of fines and liens upon the property that is the subject of this hearing, and all other property owned by Respondent in Palm Beach County. Please respond as soon as possible. Chris O'Hare From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com] Sent: Tuesday, May 10, 2016 5:12 PM To: Bill Thrasher <bthrasher@gulf-stream.org>; Rita Taylor <RTaylor@gulf-stream.org> Subject: Amendment to GS #2172 (brandenburg - style litigation - amended) Dear Custodian of Records, Attached please find an email from Town of Gulf Stream Magistrate Gary Brandenburg regarding the public record request I made to both you and him. Mr. Brandenburg writes that he does not have any public records described in my request. He also writes, "Please do not contact me again regarding GuljStream public records." And he also asks that I follow the requirements of the 2015 changes to FS 119. I assume he means the changes enacted in 2016 according to the Committee Substitute for House Bill No. 273 (attached for your reference). Since I have already done just that and only copied this request to Mr. Brandenburg as a courtesy to him and to expedite the record production process, I will none the less ask you again if you have any records responsive to my request and if you don't would you please ask Mr. Brandenburg, if you haven't asked him already, if he has responsive records in his custody. As per Mr. Brandenburg's request I will now direct all my requests to inspect public records regarding Mr. Brandenburg exclusively to you. In addition, since public records in Mr. Brandenburg's custody will now be in your custody before I am provided the opportunity to inspect those records I therefore amend my original request to inspect records which I originally made to you on Apr 29, 2016 at 6:24 PM. The amended record request is as follows (deletions are crossed out and new text is underlined): Dear Custodian of Records, I wish 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 also be material to current, anticipated or presently unforeseen legal action. 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. 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. In all cases please reference Florida Statutes and appropriate case law when responding to this record request. Please read this entire request carefully and respond accordingly. This email is a singular request for public records through the agency known as of the Town of Gulf Stream. Please respond to this public record request in a singular manner and do not combine this public record request with any other public record requests when responding to this request. Do NOT produce any records other than records responsive to this request. Please identify by name the person or persons responding to this request. 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 trouble you for it. Unfortunately I cannot find the records I wish to examine. As background to this record request I call your attention to the attached Special Magistrate Order CASE NO. 15-1 which was signed by Mr. Gary Brandenburg on March 22, 2016. Specifically paragraph 2 on page 5 in which Brandenburg writes: During the litigation, the style of house and roof covering allowed by Town Code was litigated extensively and is not a subject to be revisited in this Code Enforcement hearing. Since the enforcement of Town code section 70-238 is only applicable to O'Hare's property if indeed the style of O'Hare's house has been determined, please produce any record in the custody of Gary Brandenburg that supports his statement, or any record Brandenburg reviewed, referenced or relied upon in order to conclude that the style of O'Hare's home "was litigated extensively and is not a subject to be revisited in this Code Enforcement hearing." Another way of describing the record I wish to inspect, that may clarify but does not replace my previous description, is: What record did Brandenburg have knowledge of that caused him to confidently write, "the style of house... allowed by Town Code was litigated extensively and is not a subject to be revisited in this Code Enforcement hearing." Please DO NOT provide me with a copy of the entire hearing or all the evidence submitted into the record of that hearing. I have already examined those records and did not find within them any records responsive to my request. I DO NOT Also I am NOT asking you to create a record to be responsive to this request. And I am NOT asking you to interpret, comment on, or in any way manipulate any record responsive to this request. I must want to inspect records responsive to this request and nothing more. I make this request pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119 of the Florida Statutes. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by §119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by §119.07(1)(f) of the Florida Statutes. Please take note of §119.07(1)(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, if so, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by your agency in an electronic format please produce the records in the original electronic format in which they were created or received. See §119.01(2)(f), Florida Statutes. Please 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 phrase Town of Gulf Stream used herein refers to the Town in its entirety including all employees, appointees, officials, assignees, counsel and consultants including Town Manager, Town Clerk, Town Police Chief, Town Commissioners, Town Mayor, Town Departments, Town Police Officers, Town Employees, Town Engineer, the law firm (Jones Foster Johnston & Stubbs P.A.) that claims to be the Town Attorney including all attorney, partner and employee members of that firm; the Town Counsel of Sweetapple, Broeker & Varkus including all attorney, partner and employee members of that firm, the Town Counsel of Richman Greer, P.A. including all attorney, partner and employee members of that firm and any other entity associated with the Town and subject to public records law. The term public records 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 stead provide the disposition record for my inspection. I hereby reserve all rights granted to me under the Florida Constitution and Florida Statutes. All responses to this public records request should be made in writing to the following email address: chrisoharegulfstream@gmail.com 5/10/2016 Gmail - follow up Fwd: GS #2172 (brandenburg - style litigation) tr Gmail Chris O'Hare <chrisoharegulfstream@gmail.com> follow up Fwd: GS #2172 (brandenburg - style litigation) Gary Brandenburg <gary@brandenburgpa.com> To: Chris O'Hare <chrisoharegulfstream@gmail.com> Mr. O'Hare; Tue, May 10, 2016 at 12:24 PM Please follow the requirements of the 2015 changes to F.S. 119, for this request, all previous requests and all future requests. Thank you Gary Brandenburg, Esq. Brandenburg & Associates, P.A. 11891 U.S. Highway One, Suite 100 North Palm Beach, FL 33408 (561)799-1414 (561) 371-1824 (cell) (561) 758-7496 (Sandy cell) Gary@BrandenburgPA.com From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com] Sent: Monday, May 09, 2016 8:50 PM To: Gary Brandenburg <gary@brandenburgpa.com>; bthrasher@gulf-stream.org; RTaylor@gulf- stream.org Subject: Re: follow up Fwd: GS #2172 (brandenburg - style litigation) Mr. Brandenburg, Thank you for your continued response to my record request. hftps://mail.googl e.com/mailftM?ui=2&i k=76585Oa6ad&vlm=pt&search=i nbox&m sg=154gb7c4eec22125&dsgt=l &si ml=154967c4aec22125 1/6 5/10/2616 Gmail - foil= up Fwd GS #2172 (brandenbvg - style litigation) I remind you I seek to inspect a public record that must exist because you reference it in your Order in the matter of Town of Gulf Stream CE 15-1. You very clearly wrote on page five of your Order, "During the litigation, the style of house and roof covering allowed by Town Code was litigated extensively and is not a subject to be revisited in this Code Enforcement hearing." The style of my home is material to whether or not I was in violation of Town code Section 70-238. You determined my home was in violation of section 70-238 and you claim the style of my home was litigated extensively and is not a subject to be revisited in this Code Enforcement hearing. I do not believe the style of my home has ever been litigated but since you have determined that it has indeed been litigated and by inference that a court of competent jurisdiction has determined that my home is in fact subject to section 70-238 1 therefore am trying to inspect the public record document that you used to mach that conclusion. Here again is my request for your reference: Any record In the custody of Gary Brandenburg that supports his statement, or any record Brandenburg reviewed, referenced or relied upon In order to conclude that the style of O'Hare's home "was litigated extensively and is not a subject to be revisited /n this Code Enforcement hearing." I searched all the evidence from the hearing in my custody and on the Town's website. I can not find any record in the proceedings that could reasonably be considered evidence supporting your conclusion that the style of my home was litigated extensively and is not a subject to be revisited in this Code Enforcement hearing. Now you write to tell me you have no records described in my request. If you have no responsive records and the Town has no responsive records then I respectfully request you explain to my how you reached the conclusion that my home is in violation of section 70-238 and my roof covering choices therefore must be limited to: A Installing a flat, white thru and thru, smooth uncoated tile; or B. Installing similar tile to what was removed. Your immediate attention to this matter and your immediate response are of utmost importance and urgency to me as I am about to install a roof material I do P2 want on my home in order to avoid the threat in your Order of fines and liens upon the property that is the subject of this hearing, and all other property owned by Respondent in Palm Beach County. Please respond as soon as possible. Chris O'Hare On Mon, May 9, 2016 at 11:22 AM, Gary Brandenburg <gary@brandenburgpa.com> wrote: ht",J/mail.go4e.cam/mail/WN7ui=2&lk=7G5650a6ad&view=ptUwcl--inbox&msg= 154967c4aec22125&dsg1=18siml=154967c4aec22125 216 -1111 '{IIIA Mr. O'Hare Gm ail - follow up Fwd: GS #2172 (brandenburg- style litigation) I do not know how My previous response can be any more clear. I do not have any Public records described in the request you have referenced in this email. All evidence from the hearing is in the position of the Town. The Town has a tape of the meeting. Gary Brandenburg, Esq. Brandenburg & Associates, P.A. 11891 U.S. Highway One, Suite 100 North Palm Beach, FL 33408 (561)799-1414 (561) 371-1824 (cell) (561) 758-7496 (Sandy cell) Gary@BrandenburgPA.com From: Chris O'Hare[mai Ito: chrisoharegulfstream@gmail.comi Sent: Saturday, May 07, 2016 2:32 PM To: Gary Brandenburg <gary@brandenburgpa.com> Cc: RTaylor@gulf-stream.org; bthrasher@gulf-stream.org Subject: Re: follow up Fwd: GS #2172 (brandenburg - style litigation) Mr. Brandenburg, You write, "Please do not contact me again regarding Gulf Stream public records." To this I again remind you : I DO NOT WANT TO INSPECT RECORDS IN THE CUSTODY OF THE TOWN OF GULF STREAM. I do not know how to be any more clear to you on this matter. I won't to inspect records in your custody ONLY. The new law does not prohibit me from contacting you at the same time that I contact the Town. I contacted you as a courtesy to you so you would have a copy of my request to the Town. I also thought contacting you at the same time as I contact the Town would help to expedite the production of the public records I want to hftps:#mail.google.com/mail/u/0/7ui=2&ik=765&9Da6ad&view=pt&search=inbox&msg=154967c4aec22125&dsgt=1&sim1=154967c4aec22125 3/6 5/10/2016 Gmail - follow up Fwd: GS #2172 (brandenburg - style litigation) inspect. have already told you that I consider the production of this record urgent as it may be material to a legal action. You are required by law to assist the Town in the production of responsive records that are in your custody. The Town writes that they are too busy working on other record requests. to produce these records now. Are you too busy as well? I asked for a simple record that must exist but I have been unable to find it anywhere. You must have it since you refer to it in your Order in the matter of CE 15-1. Perhaps if you review of your notes from the hearing (another record I have already requested to inspect) you will find the source for the record that is the subject of this request. Here is the request again for your reference: Any record in the custody of Gary Brandenburg that supports his statement, or any record Brandenburg reviewed, referenced or relied upon in order to conclude that the style of O'Hare's home "was litigated extensively and is not a subject to be revisited in this Code Enforcement hearing." May I hear from you soon? Sincerely, Chris O'Hare On Sat, May 7, 2016 at 11:57 AM, Gary Brandenburg <gary@brandenburgpa.com> wrote: Mr. O'Hare Under the new legislation you are required to request any public records held by contractors from the city. Please do not contact me again regarding Gulf Stream public records. Sent from my iPhone On May 6, 2016, at 4:49 PM, Chris O'Hare <chdsoharegulfstream@gmail.com> wrote: Dear Custodian of Records, htlps://mail.google.com/mail/LdO/?ui=2&ik=765650a6ad&view=pt&search=inbox&msg= 154967c4aec22125&dsg0=1&simI= 154967c4aec22125 4/6 5110/2016 Gmail - follow up Fwd: GS #2172 (brandentwrg- style litigation) I am in receipt of your standard form letter wherein you seek more time to respond because you are "currently working on a large number of incoming public records requests." I hope the Custodian of Records for Mr. Brandenburg is not likewise prevented from acting on this record request promptly and your current work load won't prevent him from providing the records to you so you can provide them to me. In order to save time and any unnecessary effort on your part, why not ask Mr. Brandenburg to provide the public records directly to me for my inspection? I remind you that I specifically requested to inspect public records in the custody of Special Magistrate Gary Brandenburg ONLY Please do NOT produce any records in the custody of the Town of Gulf Stream Limit your response to ONLY records in Mr. Brandenburg's custody, May I hear from you or from Mr. Brandenburg soon? Have a great weekend, Chris O'Hare Dear Chris O'Hare [mail to: chdsoharegulfstream@gmail.com], The Town of Gulf Stream has received your public records requests dated April 29, 2016. The original public record request can be found at the following links http://www2.gulf- stream.org/weblink/O/doc/90364/Pagel.aspx. haps://mail.google.com/mail/tYO/?ui=2&ik=765B50a6ad&view=pt&search=inbox&msg=154967c4aec22125&dsgt=l&siml=154967c4aec22125 5/6 5/10/2016 Gmail - follow up Fwd: GS #2172 (brandenbwg- style litigation) 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. On Fri, May 6, 2016 at 2:23 PM, Bill Thrasher <bthrasher@gulf-stream.org> wrote: Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. httpsJ/mail.google.com/mail/WO/7ui=2&ik=765650a6ad&vlew=pt&searcWrbcxBmsg=154967c4aec22125&dsgt=l&siml=154gb7c4 a 22125 6/6 CHAPTER 2016-20 Committee Substitute for House Bill No. 273 An act relating to public records; amending s. 119.0701, F.S.; requiring a public agency contract for services to include a statement providing the contact information of the public agency's custodian of public records; prescribing the form of the statement; revising required provisions in a public agency contract for services regarding a contractor's compliance with public records laws; requiring a public records request relating to records for a public agency's contract for services to be made directly to the public agency; requiring a contractor to provide requested records to the public agency or allow inspection or copying of requested records under specified circumstances; providing penalties; specifying circumstances under which a court must award the reasonable costs of enforcement against a contractor; specifying what constitutes sufficient notice; providing that a contractor who takes certain actions is not liable for the reasonable costs of enforcement; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 119.0701, Florida Statutes, is amended to read: 119.0701 Contracts; public records; request for contractor records: civil action.— (1) DEFINITIONS.—For purposes of this section, the term: (a) "Contractor" means an individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency as provided under s. 119.011(2). (b) "Public agency" means a state, county, district, authority, or municipal officer, or department, division, board, bureau, commission, or other separate unit of government created or established by law. (2) CONTRACT REQUIREMENTS.—In addition to other contract requirements provided by law, each public agency contract for services entered into or amended on or after July 1, 2016, must include_ telephone number, e-mail address. and mailing address).... 1 CODING: Words strieken are deletions; words underlined are additions. Ch. 2016-20 LAWS OF FLORIDA Ch. 2016-20 (b) A provision that requires the contractor to comply with public records laws, specifically to: .-W Keep and maintain public records that er-dinarily and neeessar-i weuld e required by the public agency in er-FleF to perform the service. 2.(h) Upon request from the public agency's custodian of public records, provide the public agrenc with a copy of the requested records or allow the assess to pubhe records to be inspected or copied within a reasonable time en reeerds and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3.(e) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and followine completion of the contract if the contractor does not transfer the records to the public agency. 4.(d3 Upon completion of the contract. Aleet all re ants r transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. (3) REQUEST FOR RECORDS: NONCOMPLIANCE. LW(3) If a contractor does not comply with the a public agency's r-eeer-Els request for records, the public agency shall enforce the contract provisions in accordance with the contract. (c) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under s. 119.10. (_4) CIVIL ACTION. - 2 CODING: Words strieken are deletions; words underlined are additions. Ch. 2016-20 LAWS OF FLORIDA Ch. 2016-20 contractor. may be in an electronic format. enforcement. Section 2. This act shall take effect upon becoming a law. Approved by the Governor March 8, 2016. Filed in Office Secretary of State March 8, 2016. 3 CODING: Words striekea are deletions; words underlined are additions. From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com] Sent: Tuesday, May 10, 2016 5:12 PM To: Bill Thrasher <bthrasher@gulf-stream.org>; Rita Taylor <RTaylor@gulf-stream.org> Subject: Amendment to GS #2172 (brandenburg - style litigation - amended) Dear Custodian of Records, Attached please find an email from Town of Gulf Stream Magistrate Gary Brandenburg regarding the public record request I made to both you and him. Mr. Brandenburg writes that he does not have any public records described in my request. He also writes, "Please do not contact me again regarding Guy'Stream public records. "And he also asks that I follow the requirements of the 2015 changes to FS 119. I assume he means the changes enacted in 2016 according to the Committee Substitute for House Bill No. 273 (attached for your reference). Since I have already done just that and only copied this request to Mr. Brandenburg as a courtesy to him and to expedite the record production process, I will none the less ask you again if you have any records responsive to my request and if you don't would you please ask Mr. Brandenburg, if you haven't asked him already, if he has responsive records in his custody. As per Mr. Brandenburg's request I will now direct all my requests to inspect public records regarding Mr. Brandenburg exclusively to you. In addition, since public records in Mr. Brandenburg's custody will now be in your custody before I am provided the opportunity to inspect those records I therefore amend my original request to inspect records which I originally made to you on Apr 29, 2016 at 6:24 PM. The amended record request is as follows (deletions are crossed out and new text is underlined): Dear Custodian of Records, I wish 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 also be material to current, anticipated or presently unforeseen legal action. 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. 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. In all cases please reference Florida Statutes and appropriate case law when responding to this record request. Please read this entire request carefully and respond accordingly. This email is a singular request for public records through the agency known as of the Town of Gulf Stream. Please respond to this public record request in a singular manner and do not combine this public record request with any other public record requests when responding to this request. Do NOT produce any records other than records responsive to this request. Please identify by name the person or persons responding to this request. 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 trouble you for it. Unfortunately I cannot find the records I wish to examine. As background to this record request I call your attention to the attached Special Magistrate Order CASE NO. 15-1 which was signed by Mr. Gary Brandenburg on March 22, 2016. Specifically paragraph 2 on page 5 in which Brandenburg writes: During the litigation, the style of house and roof covering allowed by Town Code was litigated extensively and is not a subject to be revisited in this Code Enforcement hearing. Since the enforcement of Town code section 70-238 is only applicable to O'Hare's property if indeed the style of O'Hare's house has been determined, please produce any record in the custody of Gary Brandenburg that supports his statement, or any record Brandenburg reviewed, referenced or relied upon in order to conclude that the style of O'Hare's home "was litigated extensively and is not a subject to be revisited in this Code Enforcement hearing." Another way of describing the record I wish to inspect, that may clarify but does not replace my previous description, is: What record did Brandenburg have knowledge of that caused him to confidently write, "the style of house... allowed by Town Code was litigated extensively and is not a subject to be revisited in this Code Enforcement hearing." Please DO NOT provide me with a copy of the entire hearing or all the evidence submitted into the record of that hearing. I have already examined those records and did not find within them any records responsive to my request. I DO NOT want to inspect records that are not responsive to this request. Please provide only those documents that are responsive to this request. Also I am NOT asking you to create a record to be responsive to this request. And I am NOT asking you to interpret, comment on, or in any way manipulate any record responsive to this request. I iust want to inspect records responsive to this request and nothing more. I make this request pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119 of the Florida Statutes. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by §119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by §119.07(1)(f) of the Florida Statutes. Please take note of §119.07(1)(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, if so, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by your agency in an electronic format please produce the records in the original electronic format in which they were created or received. See §119.01(2)(f), Florida Statutes. Please 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 phrase Town of Gulf Stream used herein refers to the Town in its entirety including all employees, appointees, officials, assignees, counsel and consultants including Town Manager, Town Clerk, Town Police Chief, Town Commissioners, Town Mayor, Town Departments, Town Police Officers, Town Employees, Town Engineer, the law firm (Jones Foster Johnston & Stubbs P.A.) that claims to be the Town Attorney including all attorney, partner and employee members of that firm; the Town Counsel of Sweetapple, Broeker & Varkus including all attorney, partner and employee members of that firm, the Town Counsel of Richman Greer, P.A. including all attorney, partner and employee members of that firm and any other entity associated with the Town and subject to public records law. The term public records 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 stead provide the disposition record for my inspection. I hereby reserve all rights granted to me under the Florida Constitution and Florida Statutes. 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 10, 2016 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS # 2172 (brandenburg - style litigation), #2171 (brandenburg - previous litigation) As background to this record request I call your attention to the attached Special Magistrate Order CASE NO. 15-1 which was signed by Mr. Gary Brandenburg on March 22, 2016. Specifically paragraph 2 on page 5 in which Brandenburg writes: During the litigation, the style of house and roof covering allowed by Town Code was litigated extensively and is not a subject to be revisited in this Code Enforcement hearing. Since the enforcement of Town code section 70-238 is only applicable to O Hare's property if indeed the style of O'Hare's house has been determined, please produce any record in the custody of Gary Brandenburg that supports his statement, or any record Brandenburg reviewed, referenced or relied upon in order to conclude that the style of O'Hare's home "was litigated extensively and is not a subject to be revisited in this Code Enforcement hearing. " Another way of describing the record 1 wish to inspect, that may clarify but does not replace my previous description, is: not record did Brandenburg have knowledge of that caused him to confidently write, "the style of house... allowed by Town Code was litigated extensively and is not a subject to be revisited in this Code Enforcement hearing. " (amended 5110116 - Please DO NOT provide me with a copy of the entire hearing or all the evidence submitted into the record of that hearing. I have already examined those records and did not find within them any records responsive to my request. I DO NOT want to inspect records that are not responsive to this request. Please provide only those documents that are responsive to this request. Also lam NOT asking you to create a record to be responsive to this request. And I am NOT asking you to interpret, comment on, or in any way manipulate any record responsive to this request. I just want to inspect records responsive to this request and nothing more.) As background to this record request I call your attention to the attached Special Magistrate Order CASE NO. 15-1 which was signed by Mr. Gary Brandenburg on March 22, 2016. Specifically paragraph 3 on page 5 in which Brandenburg writes: Although it has been thoroughly argued and decided in previous litigation what type of tile must be used on Respondent's house; Please produce any record in the custody of Gary Brandenburg that supports this statement, or any record Brandenburg reviewed, referenced or relied upon in order to conclude, "it has been thoroughly argued and decided in previous litigation what type of the must be used on respondent's house." Another way of describing the record I wish to inspect, that may clarify but does not replace my previous description, is: What record did Brandenburg have knowledge of that caused him to confidently write, "Although it has been thoroughly argued and decided in previous litigation what type of tile must be used on Respondent's house; " Dear Chris O'Hare [mail to: chrisohareeulfstream(@gmail.coml, The Town of Gulf Stream has received your original record requests dated April 29, 2016. Your original public records request can be found at the following htto://www2.eulf- stream.ore/weblink/0/doc/90364/Paael.asox and httn://www2.eulf- stream.ore/weblink/0/doc/90529/Paael.asox. Please refer to the referenced number above with any future correspondence. The records regarding Case No. 15-1 can be found by going to www.gulf-stream.ore, click on "Find a Town Record", click on "Town Clerk", click on "Special Magistrate", click on "Cases", click on "2520 Avenue Au Soleil", and click on "10/30/15 Case # CE 15-1 ". Aside of those records, there are no finther records responsive to your requests. We consider this matter closed. Sincerely,Town Clerk, Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail June 10, 2016 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS # 2172 (brandenburg - style litigation), #2171 (brandenburg - previous litigation) As background to this record request I call your attention to the attached Special Magistrate Order CASE NO. 15-1 which was signed by Mr. Gary Brandenburg on March 22, 2016. Specifically paragraph 2 on page 5 in which Brandenburg writes: During the litigation, the style of house and roof covering allowed by Town Code was litigated extensively and is not a subject to be revisited in this Code Enforcement hearing. Since the enforcement of Town code section 70-238 is only applicable to O Hare's property if indeed the style of O'Hare's house has been determined, please produce any record in the custody of Gary Brandenburg that supports his statement, or any record Brandenburg reviewed, referenced or relied upon in order to conclude that the style of O'Hare's home "was litigated extensively and is not a subject to be revisited in this Code Enforcement hearing. " Another way of describing the record 1 wish to inspect, that may clarify but does not replace my previous description, is: not record did Brandenburg have knowledge of that caused him to confidently write, "the style of house... allowed by Town Code was litigated extensively and is not a subject to be revisited in this Code Enforcement hearing. " (amended 5110116 - Please DO NOT provide me with a copy of the entire hearing or all the evidence submitted into the record of that hearing. I have already examined those records and did not find within them any records responsive to my request. I DO NOT want to inspect records that are not responsive to this request. Please provide only those documents that are responsive to this request. Also lam NOT asking you to create a record to be responsive to this request. And I am NOT asking you to interpret, comment on, or in any way manipulate any record responsive to this request. I just want to inspect records responsive to this request and nothing more.) As background to this record request I call your attention to the attached Special Magistrate Order CASE NO. 15-1 which was signed by Mr. Gary Brandenburg on March 22, 2016. Specifically paragraph 3 on page 5 in which Brandenburg writes: Although it has been thoroughly argued and decided in previous litigation what type of tile must be used on Respondent's house; Please produce any record in the custody of Gary Brandenburg that supports this statement, or any record Brandenburg reviewed, referenced or relied upon in order to conclude, "it has been thoroughly argued and decided in previous litigation what type of the must be used on respondent's house." Another way of describing the record I wish to inspect, that may clarify but does not replace my previous description, is: What record did Brandenburg have knowledge of that caused him to confidently write, "Although it has been thoroughly argued and decided in previous litigation what type of tile must be used on Respondent's house; " Dear Chris O'Hare [mail to: chrisohareeulfstream(@gmail.coml, The Town of Gulf Stream has received your original record requests dated April 29, 2016. Your original public records request can be found at the following htto://www2.eulf- stream.ore/weblink/0/doc/90364/Paael.asox and httn://www2.eulf- stream.ore/weblink/0/doc/90529/Paael.asox. Please refer to the referenced number above with any future correspondence. The records regarding Case No. 15-1 can be found by going to www.gulf-stream.ore, click on "Find a Town Record", click on "Town Clerk", click on "Special Magistrate", click on "Cases", click on "2520 Avenue Au Soleil", and click on "10/30/15 Case # CE 15-1 ". Aside of those records, there are no finther records responsive to your requests. We consider this matter closed. Sincerely,Town Clerk, Custodian of the Records