HomeMy WebLinkAboutRe Oak Lane and Variance Request No 2016-02 Public Records Request under Ch 119 (2)I forwarded.
Sent iPhone (please excuse errors)
On Oct 21, 2016, at 1:36 PM, David Greene
<D.Greene@cityofcapecanaveral.org
<mailto:D.Greene@cityofcapecanaveral.org> > wrote:
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
<mailto:agarganese@orlandolaw.net> >
Cc: David Greene <D.Greene@cityofcapecanaveral.org
<mailto:D.Greene@cityofcapecanaveral.org> >; Mia Goforth
<M.Goforth@cityofcapecanaveral.org
<mailto:M.Goforth@cityofcapecanaveral.org> >; Daniel LeFever
<D.LeFever@cityofcapecanaveral.org
<mailto: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://cp.mcafee.com/d/2DRPoA83hJ5wseKehohpdTdLLCzB4sMCqejrXVEVh7cee6TT
PhOyeophdLLCzBwQsIcCzATF7oAtxZf1loDX12F-Ce1FKIjZwxk_j70QSMOC_JTD-LNEVp79
TsWZOWqbz78KfICzAsqeumKzp55mZTel3PWApmU6CQjq9KVKVI05m9-MgGvFzwqrgUz7_xUa
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y1eWbxuWo8d40mr87OIq80nZGNgEq80nUITZ9Cy1K27Nd40AjUQg8ECzASYOrF7kk>
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
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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