HomeMy WebLinkAboutFW Oak Lane and Variance Request No 2016-02 Public Records Request under Ch 119 (2)David,
Please make sure Jim B. is made aware. Thanks. David
From: Terri [mailto:terrilynbowman@yahoo.com]
Sent: Friday, October 21, 2016 12:48 PM
To: Anthony Garganese <agarganese@orlandolaw.net>
Cc: David Greene <D.Greene@cityofcapecanaveral.org>; Mia Goforth
<M.Goforth@cityofcapecanaveral.org>; Daniel LeFever
<D.LeFever@cityofcapecanaveral.org>
Subject: Re: Oak Lane and Variance Request No. 2016-02; Public Records
Request under Ch. 119
Anthony,
Thank you for your below response. I don't follow how this hearing is
appropriate under the Code provisions you cite and given the lack of
notice to me or, as is now apparent, any of the homeowners on Oak Lane
other than the applicant of the August hearing. That is a violation of
Constitutional due process, Florida law, your code, and your practice
and procedures. In this instance generalized notice is not sufficient.
I repeat my objection to the October 24 Hearing and repeat my request
for a new hearing on the variance request to be scheduled in accordance
with the Code.
It is inaccurate and improper for the City to assume that the variance
request does not impact my property rights. The issue underlying the
variance request seems to involve a dispute regarding property lines. I
own an adjacent parcel to the offending parcel -- the issues involved in
this hearing are highly relevant to my property rights. I should have
been provided the opportunity to participate in the August variance
hearing to determine the extent of any issue.
This request to re-schedule the original hearing is particularly
important because the City has not responded substantively to my Records
Requests. I asked for expedited response given the very short notice I
received of the "appeal" hearing (having had no notice of the underlying
hearing). The failure to respond to my requests has simply perpetuated
the problem created by lack of notice. The City should do the right
thing here and reschedule this hearing and give proper notice.
I have received no direct communication regarding responses to my
requests, submitted more than a week ago. I reviewed the website - when
it is functioning - and while I see a lot of email correspondence with
Mr Lennon and miscellaneous items, I do not see the responses to my
requests. If they are posted, please indicate with specificity by file
and subtitle where I may find the responses to my specific requests.
Also, please indicate to whom I may send my statement and objection for
submission into the public record for the October 24 hearing if it
proceeds.
Thank you.
Respectfully,
Terri Bowman
Cypress Shareholders LLC
202-276-2700
Sent from my iPhone
On Oct 14, 2016, at 6:52 PM, Anthony A. Garganese
<agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> > wrote:
Ms. 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 <http://www.orlandolaw.net>
Email: agarganese@orlandolaw.net
<mailto:agarganese@orlandolaw.net>
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-----Original Message-----
From: terrilynbowman@yahoo.com <mailto:terrilynbowman@yahoo.com>
[mailto:terrilynbowman@yahoo.com]
Sent: Thursday, October 13, 2016 7:10 AM
To: Anthony A. Garganese; d.greene@cityofcapecanaveral.org
<mailto:d.greene@cityofcapecanaveral.org> ;
m.goforth@cityofcapecanaveral.org
<mailto:m.goforth@cityofcapecanaveral.org> ;
d.lefever@cityofcapecanaveral.org
<mailto:d.lefever@cityofcapecanaveral.org>
Cc: terrilynbowman@yahoo.com <mailto: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 <mailto: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 <mailto: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
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
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