HomeMy WebLinkAboutResponse from City Attorney - 10-14-16Ms. Bowman,
The undersigned is the City Attorney. It is my understanding that the City Clerk has been in contact with you regarding your public records request and the City will be handling that
request in accordance with its records policy.
I noticed that several requests in your letter (the first sequence, numbered 1 through 5) are not really a public records but a request for background information that may or may not
be contained in a record. As a courtesy to you, I would like to provide that background information to you.
1. The appeal to the City Council regarding the Board of Adjustment's decision on the variance application is provided under Sections 110-27 and 110-33, City Code.
2. The advisory hearing officer was authorized by the City Council at the City Council's September 6, 2016 meeting in accordance with the City Council's general and home rule powers.
3. The hearing officer's name is attorney Drew Smith.
4. The general standard of review and procedures for the hearing are set forth in Chapter 110, Article II, of the City Code. Variances in particular are also governed by Sections 110-36
and 37. Such proceedings are also governed by applicable case law.
5. The hearing for the advisory hearing officer is scheduled for Monday, October 24, 2016 at 4:30 p.m. at the City of Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral,
Florida. The hearing officer will deliver a written recommendation to the City Council for its final decision at its December 20, 2016 regular meeting to be held at 6:00 p.m. in the
Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, FL.
Have a good weekend.
Anthony A Garganese, Esquire
Board Certified City, County & Local Government Law
Garganese, Weiss & D’Agresta, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, Florida 32801
P.O. Box 2873 (32802-2873)
Phone (407) 425-9566
Fax (407) 425-9596
Cocoa (866) 425-9566
Website: www.orlandolaw.net
Email: agarganese@orlandolaw.net
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-----Original Message-----
From: terrilynbowman@yahoo.com [mailto:terrilynbowman@yahoo.com]
Sent: Thursday, October 13, 2016 7:10 AM
To: Anthony A. Garganese; d.greene@cityofcapecanaveral.org; m.goforth@cityofcapecanaveral.org; d.lefever@cityofcapecanaveral.org
Cc: terrilynbowman@yahoo.com
Subject: Oak Lane and Variance Request No. 2016-02; Public Records Request under Ch. 119
SUBJECT: Oak Lane and Variance Request No. 2016-02; Public Records Request under Ch. 119
Dear Mr. Garganese, Mr. Greene, Ms Goforth, and Mr. lefever:
I write in my individual capacity and as the owner of Cypress Shareholders, LLC, which is the owner of 131 Oak Lane, Cape Canaveral FL 32920.
Please see the attached letter.
I can be reached by phone at 202-276-2700 or by email at terrilynbowman@yahoo.com. I would be happy to discuss any of these requests.
Thank you,
Terri L. Bowman
Individually and as
Member/Manager of Cypress Shareholders LLC terrilynbowman@yahoo.com
202-276-2700
Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to
the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a
public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing