HomeMy WebLinkAboutResponse to PRR re list of 9 questionsGood morning Anthony,
David Dickey and I need to know, at this juncture, which response Mr.
Lennon should receive:
1. The attached .pdf copy of an email to you from Mr. Dickey of
9-1-16, which appears to have been sent to you for review, would refrain
from answering the questions until the Public Hearing.
2. Below is a response Mr. Dickey has prepared to answer his
original inquiry going back to 8-24-16, but he has not yet forwarded
this to Mr. Lennon.
Mr. Lennon has consistently sent the same request for answers to these
questions in a number of other emails, but has not received answers yet.
In the attached email I sent to him yesterday, it states that Mr.
Dickey would be providing answers to him 10-18-16.
What is your opinion? Should he respond now or should these questions
be answered at the Public Hearing Monday?
Please respond at your earliest convenience.
Thank you.
Mia
From: David Dickey
Sent: Wednesday, October 19, 2016 9:25 AM
To: Mia Goforth <M.Goforth@cityofcapecanaveral.org>
Subject: RE: Information required for Oct 24 hearing
The City is in receipt of your public record request dated October 14,
2016. The following is provided in response to your questions contained
therein.
1) Did all members of the Board of Adjustment receive copies of
all 3 of the certified letters I sent to: Community Development
Department, 110 Polk Avenue, P.O. Box 326, Cape Canaveral prior to the
variance hearing 2016-02? A number of documents were submitted to the
Board of Adjustment the night of the August 23, 2016 hearing. This was
due to the fact that the request to have them considered was made
subsequent to the agenda packet being distributed to the board members.
These included a hand-written letter from Ms. Suzanne Turner who resides
at 123 Oak Lane. Also, 2 certified letters (August 17, 2016 and August
20, 2016) from yourself were submitted to the Board. One was not
submitted to the board due (letter received on August15, 2016) to an
oversight when reviewing the file for copying. Also, seven emails
(related to the variance request) sent by yourself to various City Staff
members were distributed to the board members.
2) The owner of 123 Oak Lane, Tim Turner, and myself, Bernard
Lennon, 126 Oak Lane, both followed your instruction to stop Patrick T.
Lee’s LLC from taking our property with a faulty survey. Why was Tim
Turner granted a hearing to stop encroachment by Patrick T. Lee and I
was denied a hearing? I’m not aware of any instructions I gave you or
Mr. Turner regarding Patrick Lee taking your property.
3) What is required by me to be granted a public hearing on 127
Oak Lane violation of Section 110-297(a)(1), City Code? A hearing has
been scheduled for October 24, 2016 where you will be afforded the
opportunity to present testimony/evidence regarding the referenced
violation.
4) Do I have a method to appeal your decision to ignore the
signed/sealed surveys submitted by 123 Oak Lane, myself, and the one
used by the City to locate the current right-of-way markers, when you
instead choose to use the survey submitted by Patrick T. Lee that has
been proven to be wrong? Three surveys were considered by Staff and the
Board of Adjustment as part of its hearing held on August 23, 2016. The
Walker survey that was submitted as part of the original building permit
application, the Riehl Reliable survey that was submitted by the
property owner at 123 Oak Lane, and then the amended Walker survey as
part of the side yard variance package. As mentioned above, your appeal
to the variance will be considered on October 24, 2016.
5) Why are the current Right of Way markers on Oak Lane not being
used? Mr. John Pekar, the City Engineer, has compiled an “apparent
right-of-way” that uses legal descriptions as recorded in the public
records of Brevard County.
6) What is the name of the surveyor who installed the original
right-of-way markers and what is the name of the surveyor being used to
relocate the right-of-way markers to match Patrick T. Lee’s faulty
survey? I don’t have any knowledge of this.
7) You mentioned that a hearing is required to move the
right-of-way of Oak Lane. Will I be notified of the date and time of the
hearing at least 30 days in advance to prepare a defense? Any action to
move/revise a City right-of-way will require the passage of a City
resolution which must include a public hearing. All Council public
hearings are noticed as required by the City Code.
8) Since you insist on relocating everyone’s property line 12 feet
north, what is required by me to remove the fence located between my
property and Sea Spray Town homes and move it 12 feet north?
Since you have not yet determined where you are going to locate the new
right-of-way, will you be issuing a Certificate of Occupancy to 127 Oak
Lane prior to completing the preliminary engineering work to relocate
Oak Lane? The relocation of a fence will require a City permit which
requires an application and a survey showing the proposed location of
the fence. Once all applicable City requirements are met, a Certificate
of Occupancy will be issued for 127 Oak Lane.
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From: Bernie [mailto:abc777@cfl.rr.com]
Sent: Friday, October 14, 2016 12:01 PM
To: David Dickey <D.Dickey@cityofcapecanaveral.org
<mailto:D.Dickey@cityofcapecanaveral.org> >
Cc: Andrea Binney <A.Binney@cityofcapecanaveral.org
<mailto:A.Binney@cityofcapecanaveral.org> >; Brendan McMillin
<B.McMillin@cityofcapecanaveral.org
<mailto:B.McMillin@cityofcapecanaveral.org> >; Betty Walsh
<B.Walsh@cityofcapecanaveral.org
<mailto:B.Walsh@cityofcapecanaveral.org> >; Bob Hoog
<B.Hoog@cityofcapecanaveral.org <mailto:B.Hoog@cityofcapecanaveral.org>
>; Cheryl Puleo <C.Puleo@cityofcapecanaveral.org
<mailto:C.Puleo@cityofcapecanaveral.org> >; Daniel LeFever
<D.LeFever@cityofcapecanaveral.org
<mailto:D.LeFever@cityofcapecanaveral.org> >; David Dickey
<D.Dickey@cityofcapecanaveral.org
<mailto:D.Dickey@cityofcapecanaveral.org> >; David Greene
<D.Greene@cityofcapecanaveral.org
<mailto:D.Greene@cityofcapecanaveral.org> >; Ed Lawson
<E.Lawson@cityofcapecanaveral.org
<mailto:E.Lawson@cityofcapecanaveral.org> >; Gustavo Vergara
<G.Vergara@cityofcapecanaveral.org
<mailto:G.Vergara@cityofcapecanaveral.org> >; John Bond
<J.Bond@cityofcapecanaveral.org <mailto:J.Bond@cityofcapecanaveral.org>
>; Joseph Covell <J.Covell@cityofcapecanaveral.org
<mailto:J.Covell@cityofcapecanaveral.org> >; John DeLeo
<J.DeLeo@cityofcapecanaveral.org
<mailto:J.DeLeo@cityofcapecanaveral.org> >; Joan Gapud
<J.Gapud@cityofcapecanaveral.org
<mailto:J.Gapud@cityofcapecanaveral.org> >; Jeff Ratliff
<J.Ratliff@cityofcapecanaveral.org
<mailto:J.Ratliff@cityofcapecanaveral.org> >; Jane Ross
<J.Ross@cityofcapecanaveral.org <mailto:J.Ross@cityofcapecanaveral.org>
>; Joshua Surprenant <J.Surprenant@cityofcapecanaveral.org
<mailto:J.Surprenant@cityofcapecanaveral.org> >; Jonathan Puleo
<j.puleo@cityofcapecanaveral.org
<mailto:j.puleo@cityofcapecanaveral.org> >; Kim McIntire
<K.McIntire@cityofcapecanaveral.org
<mailto:K.McIntire@cityofcapecanaveral.org> >; Kim Kopp
<kkopp@orlandolaw.net <mailto:kkopp@orlandolaw.net> >; Mike Brown
<M.Brown@cityofcapecanaveral.org
<mailto:M.Brown@cityofcapecanaveral.org> >; Mary Finneran
<M.Finneran@cityofcapecanaveral.org
<mailto:M.Finneran@cityofcapecanaveral.org> >; Mia Goforth
<M.Goforth@cityofcapecanaveral.org
<mailto:M.Goforth@cityofcapecanaveral.org> >; Molly Thomas
<M.Thomas@cityofcapecanaveral.org
<mailto:M.Thomas@cityofcapecanaveral.org> >; Michael German
<M.German@cityofcapecanaveral.org
<mailto:M.German@cityofcapecanaveral.org> >; Ngan Pham
<N.Pham@cityofcapecanaveral.org <mailto:N.Pham@cityofcapecanaveral.org>
>; Patrice Huffman <P.Huffman@cityofcapecanaveral.org
<mailto:P.Huffman@cityofcapecanaveral.org> >; Patricia Roth
<P.Roth@cityofcapecanaveral.org <mailto:P.Roth@cityofcapecanaveral.org>
>; Todd Morley <T.Morley@cityofcapecanaveral.org
<mailto:T.Morley@cityofcapecanaveral.org> >; 'Alicia Spring'
<asrapp@aol.com <mailto:asrapp@aol.com> >; abc777@cfl.rr.com
<mailto:abc777@cfl.rr.com> ; terrilynbowman@yahoo.com
<mailto:terrilynbowman@yahoo.com> ; kathryn.l.seidel@gmail.com
<mailto:kathryn.l.seidel@gmail.com>
Subject: Information required for Oct 24 hearing
10/14/2016
To: City of Cape Canaveral Community Development Director David Dickey
Pursuant to Article I, section 24 of the Florida Constitution, and
chapter 119, F.S., I am requesting you to answer the following
questions:
1) Did all members of the Board of Adjustment receive copies of
all 3 of the certified letters I sent to: Community Development
Department, 110 Polk Avenue, P.O. Box 326, Cape Canaveral prior to the
variance hearing 2016-02?
2) The owner of 123 Oak Lane, Tim Turner, and myself, Bernard
Lennon, 126 Oak Lane, both followed your instruction to stop Patrick T.
Lee’s LLC from taking our property with a faulty survey. Why was Tim
Turner granted a hearing to stop encroachment by Patrick T. Lee and I
was denied a hearing?
3) What is required by me to be granted a public hearing on 127
Oak Lane violation of Section 110-297(a)(1), City Code?
4) Do I have a method to appeal your decision to ignore the
signed/sealed surveys submitted by 123 Oak Lane, myself, and the one
used by the City to locate the current right-of-way markers, when you
instead choose to use the survey submitted by Patrick T. Lee that has
been proven to be wrong?
5) Why are the current Right of Way markers on Oak Lane not being
used?
6) What is the name of the surveyor who installed the original
right-of-way markers and what is the name of the surveyor being used to
relocate the right-of-way markers to match Patrick T. Lee’s faulty
survey?
7) You mentioned that a hearing is required to move the
right-of-way of Oak Lane. Will I be notified of the date and time of the
hearing at least 30 days in advance to prepare a defense?
8) Since you insist on relocating everyone’s property line 12 feet
north, what is required by me to remove the fence located between my
property and Sea Spray Town homes and move it 12 feet north?
9) Since you have not yet determined where you are going to locate
the new right-of-way, will you be issuing a Certificate of Occupancy to
127 Oak Lane prior to completing the preliminary engineering work to
relocate Oak Lane?
Should you deny my request, or any part of the request, please state in
writing the basis for the denial, including the exact statutory citation
authorizing the denial as required by s. 119.07(1)(d), F.S.
A signed copy of this letter has been mailed certified [7015 0640 0004
1075 1991] to: Mayor Hoog 210 Jefferson Ave. Cape Canaveral 32920.
Thank You.
Bernard Lennon
126 Oak Lane
Cape Canaveral
Abc777@cfl.rr.com <mailto:Abc777@cfl.rr.com>
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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