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Home My Public Portal AboutPRR 16-2221From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com] Sent: Saturday, June 04, 2016 7:45 AM To: Bill Thrasher <bthrasher@gulf-stream.org>; Rita Taylor <RTaylor@gulf-stream.org>; gary@brandenburgpa.com Subject: Public Record Request - finding of compliance - code enforcement prosecution. Dear Custodian of Records, I request to inspect certain public records for the purpose of informing myself of the historic and current workings of the Town of Gulf Stream and its associated entities, vendors, consultants, advisers, contractors and agents. The records I wish to inspect may be material to current, anticipated or presently unforeseen legal action. The production of any and all responsive records is therefore urgent and must be acted upon In compliance with Florida Statutes and established case law as soon as possible. Before making this public record request, I first searched online and in the public records portion of your agency's website hoping I could locate the public records I seek without having to write you directly. Unfortunately I cannot find the records I request to inspect. Therefore I am writing you now and requesting you make every effort as required by law to produce these public records without delay. I ask that you take the following action: • Read this entire request carefully and respond accordingly. • If you are not the custodian of the public records described herein please determine who that person is and notify me immediately In order that I may make this request to the appropriate person without delay. • Reference Florida Statutes and appropriate case law when responding to this record request. • Do NOT produce any records other than records responsive to this request. • Identify by name the person or persons responding to this request. • Respond to this public record request in a singular manner and do not combine this request with any other public record requests when responding to this request. • Once you have determined that you do or don't have any records in your custody responsive to this request, immediately act to obtain any responsive records that may be in the custody of your contractor(s). • 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. I believe the records I seek to inspect may be In your custody AND/OR in the custody of an entity under contract with your agency. As a courtesy to you and your contractor and to assist In expediting my access to records responsive to this request I am notifying the contractor of this request by copy of this email. Do not assume my act of copying the contractor with this request relieves you of any of your duties under Florida Statute. I ask that you contact those entities yourself, inform them of their obligations under Florida Statute and produce any responsive records in their custody as soon as possible. As background to this public record request I call your attention to Code Enforcement Case CE 15-1 - prosecution of O'Hare for alleged code violations at 2520 Avenue An Soleil. You will note that Special Magistrate Brandenburg ordered you to inspect the Property on June 1.2016. -to determine compliance with his Order. You will also note that as per the Special Magistrate's Order_a roofing material that is othenvise approved by the Town was applied to this roof weeks ago. You will also note that your agency's Building Department has finalized this work and declared it complete. I request to inspect any public record, the subject of which is either wholly or partly concerning your inspection and/or the results of your inspection as Ordered by Gary Brandenburg. I anticipate these records may include, but not be limited to, notes, reports. communications with or among Town counsel, Town magistrate, Town staff or others. I make this request pursuant to Article 1, Section 24 of the Florida Constitution and Chaoter 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 6119.070)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by &119.07(1 Nf) of the Florida Statutes. Produce for my inspection all responsive records and ONLY redact that portion of the record that you consider exempt. To be clear, if you consider an entire record to be exempt, produce that record in its entirety with all portions redacted that you consider exempt. I specifically ask you to do this in order that I may inspect fully redacted records for the purpose of challenging a particular redaction or establishing a reference for a future request of a record that is only temporarily exempt, as in the case of a public record that was prepared by an agency attorney exclusively for litigation and is only exempt from disclosure until the conclusion of the litigation. I ask you to take note of &119.070)(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 and entity in possession of records that may be responsive to this public records request, including Individuals and entities under contract with your agency, to preserve and produce all responsive records on an immediate basis. If the public records being sought are maintained by your agency or contactors for your agency, in an electronic format please produce the records in the original electronic format in which they were created or received. See 4119.01(2)(f). Florida Statutes. Again I ask that you provide only those records for inspection that do not require extensive use of information technologies or extensive staff time or both in excess of 15 minutes. Take note of 5119.07(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 when 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, as used herein, has the same meaning and scope as the definition of Public records adopted by the Florida Legislature as Statutes Chapter 119. A record that does not exist because of its disposition requires the creation of a disposition record. In all instances where you determine a record does not exist please determine if the record once existed and in its replacement provide the disposition record for my inspection. 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 gmail.com TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail June 6, 2016 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS 92221 (finding of compliance - code enforcement prosecution) As background to this public record request I call your attention to Code Enforcement Case CE 15-1 - prosecution of O'Hare for alleged code violations at 2520 Avenue Au Soleil. You will note that Special Magistrate Brandenburg ordered you to inspect the property on June 1, 2016... to determine compliance with his Order. You will also note that as per the Special Magistrate's Order a roofing material that is otherwise approved by the Town was applied to this roofweeks ago. You will also note that your agency's Building Department has finalized this work and declared it complete. I request to inspect any public record, the subject of which is either wholly or partly concerning your inspection and/or the results of your inspection as Ordered by Gary Brandenburg. I anticipate these records may inchide, but not be limited to, notes, reports. communications with or among Town counsel, Town magistrate, Town staff or others. Dear Chris O'Hare [mail to: chrisoharegulfstreamOgmail.coml, The Town of Gulf Stream has received your public records requests dated June 4, 2016. The original public record request can be found at the following link htto://www2.aulf- stream.ora/weblink/0/doc/91321/Pasel.asox. Please be advised that the Town of Gulf Stream is currently working on a large number of incoming public records requests. The Town will use its very best efforts to respond to you in a reasonable amount of time with the appropriate response or an estimated cost to respond. Sincerely, Town Clerk, Custodian of the Records Renee Basel From: Bill Thrasher Sent: Tuesday, June 14, 2016 3:53 PM To: Chris O'Hare Cc: Lou Roeder Subject: RE: Two week follow up - Re: CE 15-1, Seeking determination of compliance as ordered by Special Magistrate Mr. O'Hare - You have been sent a letter to your house with this verification. The same documents can also be located online by going to www.gulf-stream.org, click on "Find a Town Document", click on "Town Clerk", click on "Special Magistrate' click on "Cases", click on "2520 Avenue Au Soleil" and there you will find the case in question with the documents attached. 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. From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com] Sent: Tuesday, June 14, 2016 8:26 AM To: Bill Thrasher <bthrasher@gulf-stream.org>; gary@brandenburgpa.com; jrandolph@jonesfoster.com Subject: Two week follow up - Re: CE 15-1, Seeking determination of compliance as ordered by Special Magistrate Mr. Thrasher, I am writing you again regarding Code Enforcement Case CE 15-1. 1 wrote you a week ago about this matter and I have not yet heard from you. It is now two weeks since the date Special Magistrate Gary Brandenburg ordered you to inspect my roof. The following is Mr. Brandenburg's order for your reference: 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. At the conclusion of earlier code prosecutions of me for having too many plants in my home's front yard you had sent me an AFFIDAVIT OF COMPLIANCE OR NON-COMPLIANCE. May I expect a similar document this time? I would very much like to know if you still think my home is in violation of Town Code Sections 42-29, 70-238 and 70-99 as you claimed in your prosecution? Can I please hear from you soon? I am notifying the Special Magistrate and the Town Attorney Randolph of this request by copy of this email as a courtesy and to keep them informed of continuing developments in this protracted matter. Chris O'Hare On Wed, Jun 8, 2016 at 9:25 PM, Chris O'Hare<chrisoharegulfstream(@,,gmail.com> wrote: Mr. Thrasher, I am writing you to request you inform me of the results of your inspection of my property which you were ordered to perform on June 1, 2016. I remind you that Magistrate Gary Brandenburg ordered you to inspect my property on that date to determine compliance with his Order in case number CE 15-1. It is now seven days since the mandatory inspection date and I have not yet heard from you. Is my home no longer in violation of Sec 42-29, 70-238 and 70-99 as you claimed in your prosecution? Your timely response will be most appreciated. Sincerely