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Home My Public Portal AboutPRR 16-2178From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com] Sent: Sunday, May 08, 2016 9:52 AM To: Rita Taylor <RTaylor@gulf-stream.org>; gary@brandenburgpa.com; Bill Thrasher <bthrasher@gulf- stream.org> Subject: Public Record Request - Brandenburg, records detailed in invoices Dear Custodian of Records, I wish to inspect certain public records that may 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. I make this request pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119 of the Florida Statutes. I make this request to the Town and to Magistrate Brandenburg at the same time as a convenience to Mr. Brandenburg and in an attempt to expedite the production of responsive records.This email is a singular request for public records made to the agency known as of the Town of Gulf Stream and to Mr. Brandenburg as paid agent for 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 on behalf of the Custodian of Records. 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 Town Special Magistrate Gary Brandenburg ONLY. Please do NOT produce any records in the custody of the Town of Gulf Stream at the time of this request. Limit your response to ONLY records in Mr. Brandenburg's custody. As background to this record request I call your attention to the many invoices that Special Magistrate Brandenburg sent to the Town of Gulf Stream for his legal services related to the code enforcement prosecution known as CE 15-1. Those invoices are attached for your reference. Listed in those invoices are details of the actual services Brandenburg performed for the residents of Gulf Stream. Some of the details in the invoices memorialize the creation of public records. This is a public record request to inspect those records. They are as follows: Invoice #3152 11/16/2015 Draft Order regarding request for clarification and postponement. 1. 00 hr $225.00 Provide for my inspection the record of the Draft which is described in invoice #3152 - Do NOT provide the record of the final order. Invoice #3238 03/ 14/ 2016 Continue review of evidence submitted and drafting of Order after O'Hare hearing 2.50 hr $562.50 03/15/2016 Rework format of Order. 2. 00 hr $450.00 03/21/2016 Revisions to Order. 0. 50 hr $112.50 T Provide for my inspection the record of any drafts, rework and revisions which are described in invoice #3238. Do NOT provide the record of the final order. Again I tell you that I seek to inspect only records in the custody of Magistrate Brandenburg. I DO NOT seek to inspect any records in the custody of the Town at the time of this request unless those records are specifically responsive this request. In order add clarity to this public record request, please refer to Florida Statute 119.011(12) "Public records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. In short, ""Public records" means all ... material, regardless of...characteristics ... made ... in connection with the transaction of official business by any agency." According to this definition, I understand that the Town of Gulf Stream officially transacted with you to provide legal services on behalf of the residents of Gulf Stream. You invoiced the Town for the portion of those services that included creating the records described in your invoices and noted above. The Town paid you for the creation of those records. Those records are subject to disclosure unless exempt. 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, Town Magistrate, 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(a)gmaii.com Towle of GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail May 12, 2016 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS #2178 (Brandenburg, records detailed in invoices) As background to this record request I call your attention to the many invoices that Special Magistrate Brandenburg sent to the Town of Gulf Stream for his legal services related to the code enforcement prosecution known as CE 15-1. Those invoices are attached for your reference. Listed in those invoices are details of the actual services Brandenburg performed for the residents of Gulf Stream. Some of the details in the invoices memorialize the creation of public records. This is a public record request to inspect those records. They are as follows: (1) Invoice #3152 H/ 16/ 2015 Draft Order regarding request for clarification and postponement. 1. 00 hr $ 225. 00 Provide for my inspection the record of the Draft which is described in invoice #3152 - Do NOTprovide the record of the final order. (2) Invoice #3138 311412016 Continue review of evidence submitted and drafting of Order after O'Hare hearing 2.50 hr $562. 50 03/ 15/ 2016 Rework format of Order. 2. 00 hr $450.00 03/21/2016 Revisions to Order. 0. 50 hr $112.50 03/22/2016 Review and revise order; Finalize and send to parties 2.00 hr $450.00 Provide for my inspection the record of any drafts, rework and revisions which are described in invoice #3238. Do NOT provide the record of the final order. Again I tell you that I seek to inspect only records in the custody of Magistrate Brandenburg. I DO NOT seek to inspect any records in the custody of the Town at the time of this request unless those records are specifically responsive this request. Dear Chris O'Hare [mail to: chrisoharegulfstream(a email.coml, The Town of Gulf Stream has received your public records requests dated May 8, 2016. The original public record request can be found at the following links http://www2.gulf- streatn.org/weblink/O/doc/90626/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 BRANDENBURG & ASSOCIATES, P.A. 11891 U.S. Highway One, Suire 100 North Palm Beach, Florida 33408 (561)799-1414 www.B=denburgPA.com Gary M. Brandenburg Gary@BmndenburgPA.com ATTORNEY AT LAW November 30, 2015 Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Matter ID: 0820.001 Town of Gulf Stream - Special Magistrate Invoice 43152 Federal ID 420-0436688 For Professional Services Rendered: 11/10/2015 Review O'Hare Request for Clarification and 0.50 hr $112.50 Postponement. 11/16/2015 Draft Order regarding request for clarification and 1.00 hr $225.00 postponement. 11/28/2015 Review Case law and statute; Respond to request 0.50 hr $112.50 in Gulf Stream case. Professional Services $450.00 VN OF GULF STRE ►PAYMENT APPROVED -4 dAIA00 Check #. A 13442 -OWN OF GULF STREAM OPERATING ACCOUNT 12,112015 To. Brandenburg & Associatm, P.A. 11 M91 US Huy. 1, Ste 100 North Palm Beach, FL33403 11, 30 2015 special magistrate -O'Hare 001-53110-513-10 L epi Services - Admin TOWN OF GULF STREAM OPERATING ACCOUNT 100 SEA ROAD GULF STREAM, FL 33483.7427 (561)276-5116 PAY "Four hundred fifty and 00/100 Dollars" TO THE ORDER OF Brandenburg & Associates, P.A. 11891 US Hwy. 1, Ste 100 North Palm Beach, FL 33408 Redacted pursuant to FI. Stat. 119.071 (5)(bj IIa0i344211' - SUNTRUST BANK vshielcr 13442 63-2151631 CHECK DATE CHECK NO r, r e Lin 1wM 1 12/11/2015 13442 m CHECK AMOUNT `a $"450.00 8 t AUTHORIZED SIGNATURE - I� BRANDENBURG & ASSOCIATES, P.A. 11891 U.S. Highway One, Suite 100 North Palm Beach, Florida 33408 (561)799-1414 www.BmndenburgPA.com Gary M. Brandenburg Gary@BrandenburgPA.com ATTORNEYAT LAW Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 March 31, 2016 Amoun Matter ID: G820.001 Town of Gulf Stream - Special Magistrate For Professional Services Rendered: VN OF GULF STREAM OPAYMENT APPROVED -4 Invoice 43238 Federal ID 420-0436688 03/04/2016 Authorize subpoenas for Mr. O'Hare. 0.30 hr $67.50 03/07/2016 Special Magistrate hearing on O'Hare matter. 9.00 hr $2,025.00 03/12/2016 Begin review of evidence from hearing. 2.00 hr $450.00 03/13/2016 Commence drafting of Order. 5.00 hr $1,125.00 03/14/2016 Continue review of evidence submitted and 2.50 hr $562.50 drafting of Order after O'Hare hearing. 03/15/2016 Rework format of Order. 2.00 hr $450.00 03/21/2016 Revisions to Order. 0.50 hr $112.50 03/22/2016 Review and revise order; Finalize and send to 2.00 fir $450.00 parties. 03/22/2016 Review several emails from O'Hare and 0.60 hr $135.00 Randolph; Respond to request for continuance of compliance date. 03/30/2016 Respond to Mr. O'Hare. 0.40 hr $90.00 Professional Services $5,467.50 of Gulf Stream ..ecK wu ...... $ 5,467 5 , 1 i-- Reuulmilne& Ax;ncenecP A { I IS91 1111 %11 1 Sic IUU Noah P:,Im 6aeeiL F1 1341,3 I Transaction Number Date Description Amount Discount Net Amount i1 . )I ;nio s p<crnl nlajabalc )i.w' i0 jll lin 55,467 50 Account Number Account Description Amount IIu 1 5111 n.51 4 7 o Lugol S ri mc+ - ANnln 46-, it i 1 acaomlgsJ lis!ou fu. Fv.}ntiOGLiJrl 32.ic --� ...,. ;o IWN OF GULF STREAM OPERATING ACCOUNT To Hcmdunbtag R A ....... w., P.A. 11891 1 19 Nuc L Str hlu North Palm Heach.Ff 1140R Sec allael a dxumau for tmn:ce. 001 -c i; 10 S I i.10 14g.1 sm lac' - Adrian TOWN OF GULF STREAM OPERATING ACCOUNT 7Cu SEA POAO GU, -r STREAIa. PAY "Five thousand four hundred sixty seven and 501100 Dollars— TO THE O.fli Fn OP Brandenburg & Associates.. P.A. 11891 US Hwy. 1, Ste 100 North Palm Beach, FL 33408 Redacted pursuant to FI. Stat. 119.071 (5)(b) n•0:3'7 1911' �� SUNTRUST BANK Hd-215'61, 13719 4/K/1116 til,; la 13 719 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail May 25, 2016 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS # 2178 (Brandenburg, records detailed in invoices) As background to this record request I call your attention to the many invoices that Special Magistrate Brandenburg sent to the Town of Gulf Stream for his legal services related to the code enforcement prosecution known as CE 15-1. Those invoices are attached for your reference. Listed in those invoices are details of the actual services Brandenburg performed for the residents of Gulf Stream. Some of the details in the invoices memorialize the creation of public records. This is a public record request to inspect those records. They are as follows: (1) Invoice #3152 11/ 16/ 2015 Draft Order regarding request for clarification and postponement. 1. 00 hr $ 225. 00 Provide for my inspection the record of the Draft which is described in invoice #3152 -Do NOT provide the record of the final order. (1) Invoice #3238 311412016 Continue review of evidence submitted and drafting of Order after O'Hare hearing 2.50 hr $562. 50 03/ 15/ 2016 Rework format of Order. 2. 00 hr $450.00 03/ 21/ 2016 Revisions to Order. 0. 50 hr $112.50 03/ 22/ 2016 Review and revise order; Finalize and send to parties 2.00 hr $450.00 Provide for my inspection the record of any drafts, rework and revisions which are described in invoice #3238. Do NOT provide the record of the final order. Again I tell you that I seek to inspect only records in the custody of Magistrate Brandenburg. I DO NOT seek to inspect any records in the custody of the Town at the time of this request unless those records are specifically responsive this request. Dear Chris O'Hare [mail to: chrisoharegulfstreamna.gmail.comj, The Town of Gulf Stream has received your original record request dated May 8, 2016. Your original public records request can be found at the following hhtt ://www2.gulf- stream.org/weblink/O/doc/90626/Pa eg l.asnx. Please refer to the referenced number above with any future correspondence. Please be advised there are no such records. These records you seek are not public records of the Town of Gulf Stream. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records From: Chris O'Hare[mailto:chrisoharegulfstream(agmail.coml Sent: Wednesday, May 25, 2016 10:55 PM To: Bill Thrasher <bthrash er@gulf-stream.org>; Rita Taylor <RTavlor@gulf-stream.org> Subject: clarification follow up - Fwd: GS # 2178 (Brandenburg, records detailed in invoices) Dear Custodian of Records, Perhaps I wasn't clear enough in my record request - although I think I was very clear. On May 8th I wrote to you and your contractor Mr. Brandenburg seeking to inspect public records. I asked you to provide for my inspection the record of the Draft which is described in invoice #3152 and the record of any drafts, rework and revisions which are described in invoice #3238. You responded: Please be advised there are no such records. These records you seek are not public records of the Town of Gulf Stream. We consider this matter closed I seek clarification of your response. I asked to inspect records in the custody of your contractor Mr. Gary Brandenburg. I asked to inspect records of the special Magistrate. Are you responding that he does not have these records? Did you ask him to look? If not would you please ask him now and let me know if he too claims there are no such records. Please respond without delay. May I hear from you soon? Sincerely, Chris O'Hare TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail May 26, 2016 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS # 2178 (Brandenburg, records detailed in invoices) As background to this record request I call your attention to the many invoices that Special Magistrate Brandenburg sent to the Town of Gulf Stream for his legal services related to the code enforcement prosecution known as CE 15-1. Those invoices are attached for your reference. Listed in those invoices are details of the actual services Brandenburg performed for the residents of Gulf Stream. Some of the details in the invoices memorialize the creation of public records. This is a public record request to inspect those records. They are as follows: (1) Invoice #3152 H/ 16/ 1015 Draft Order regarding request for clarification and postponement. 1. 00 hr $ 225. 00 Provide for my inspection the record of the Draft which is described in invoice #3152 - Do NOT provide the record of the final order. (2) Invoice #3238 311412016 Continue review of evidence submitted and drafing of Order after O'Hare hearing 2.50 hr $562. 50 03/ 15/ 2016 Rework format of Order. 2. 00 hr $450.00 03/ 21/ 2016 Revisions to Order. 0. 50 hr $111.50 03/ 21/ 2016 Review and revise order; Finalize and send to parties 2.00 hr $450.00 Provide for my inspection the record of any drafts, rework and revisions which are described in invoice #3238. Do NOT provide the record of the final order. Again I tell your that I seek to inspect only records in the custody of Magistrate Brandenburg. I DO NOT seek to inspect any records in the custody of the Town at the time of this request unless those records are specifically responsive this request. Dear Chris O'Hare [mail to: chrisohareeulfstream(a),email.com], The Town of Gulf Stream has received your original record request dated May 8, 2016. Your original public records request can be found at the following http://www2.gulf- stream.org/weblink/O/doc/90626/Pagel.asi)x. Please refer to the referenced number above with any future correspondence. Please accept this as an amended response to the previous response. Please be advised that the records you seek, whether they are in the custody of Mr. Brandenburg or not, they are not pubic records with the Town of Gulf Stream. We consider this matter closed. Sincerely,Town Clerk, Custodian of the Records