HomeMy WebLinkAboutUntitled (1)2/24/2017
To: Mia Goforth, City of Cape Canaveral City Clerk
105 Polk Ave
Cape Canaveral, FL 32920
m.goforth@cityofcapecanaveral.org
<mailto:m.goforth@cityofcapecanaveral.org>
(321) 868-1220 Ext 220
On 2/21/2017 you sent me a certified letter stating you are aware of
numerous complaints by me regarding the Community Development Director
David Dickey.
Pursuant to Article I, section 24 of the Florida Constitution, and
chapter 119, F.S., I am requesting an opportunity to inspect the public
records to include all actions and the current disposition of each my
complaints against David Dickey.
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.
If this request will take longer than 7 days (3/3/2017) please explain
why and the expected date.
I will send a copy of this letter to all City employees, elected
officials, and the residents of Oak Lane.
A copy of this letter and your 2/17/2017 letter will be sent certified
mail to:
[7014 3490 0001 6131 1009] Governor Rick Scott 400 S. Monroe St.
Tallahassee, FL. 32399
[7014 3490 0001 6131 1016] Virlinda Doss Florida Ethics 325 P.O. 15709
Tallahassee, FL. 32317-5709
[7014 3490 0001 6131 1023] Tampa FBI 5525 West Gray ST. Tampa, FL 33609
[7014 3490 0001 6131 1030] Mayor Bob Hoog 210 Jefferson Ave Cape
Canaveral, FL. 32920
Thank You
Bernard Lennon
126 Oak Lane
Cape Canaveral, FL 32920
Abc777@cfl.rr.com <mailto:Abc777@cfl.rr.com>
City of Cape Canaveral
Cape Canaveral, FL 32920
RE: Oak Lane and requests for information and records received
1—28-2017, 1-30-2017 and 2-6-2017 via email and via Certified Mail to
the City of Cape Canaveral Staff and Mayor Bob Hoog (collectively
referred to as "Requests").
Dear Mr. Lennon:
This letter is in response to the aforementioned Requests made by you.
First, as I previously advised you, the Florida Public Records Act does
not require a custodian of records to give out information from public
records maintained by the City or to answer questions when requested by
a person in person or in writing except to the extent of allowing
personal inspection or copying of public records. Therefore, to the
extent that any of the Requests request that the City give out
information from public records or answer questions, the City is not
required to do so. Notwithstanding, the City has attempted to answer
many of your previous questions to the extent possible and practical as
a matter of courtesy in the spirit of providing accurate public
information related to your questions.
In addition, whenever the City responds to a records request, the City
is only responsible for allowing the inspection and/or copying of
"public records." In order for a record to constitute a public record,
the records must have been created in connection with official City
business. Accordingly, records which are not made or received in
connection with the transaction of official City business do not
constitute public records subject to disclosure. Personal records of any
City official are not public records subject to disclosure and the City
is not in a position of providing such personal records assuming they
even exist at all. Therefore, to the extent that any portion of your
Requests, including the request made to Mayor Hoog or any other City
official are intended to request personal records, these requests are
not subject to the Florida Public Records Act because they are unrelated
to the transaction of official City business.
Regarding your email to me dated 1-28-2017 received 3:21 p.m.:
QUESTION 1. The Chairperson for the August 23, 2016 Board of Adjustment
hearing was Douglas Raymond. Can you please have him verify the accuracy
of David Dickey's response to question #1 sent to you in an email on
10/19/2016 Subject: RE: Information required for Oct 24
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-1248
www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org
hearing. ANSWER 1. The City previously responded to this question via
the Certified Letter dated/mailed 2-1-17 and attached to an email to you
dated 2-2-2017.
QUESTION 2. Why was this email excluded from the public records request
for Oak Lane 2016 and 2017? ANSWER 2. This email was not excluded from
the 2017 Public Records online.
QUESTION 3. Are there any other communications that were excluded?
ANSWER 3. The City has responded/provided a large number of Public
Records Requests for a number of individuals, including you, asking for
specific items involving specific properties on Oak Lane over the last
several months. To the best of our knowledge, the City has provided a
complete record based on the scope of all requests.
QUESTION 4. The following letter was drafted with the intention to send
it to the independent hearing officer. David Dickey states he never sent
it. Can you please have Hearing Officer Attorney D. Andrew Smith confirm
he did not receive this letter? ANSWER 4. The City previously responded
to this question via the Certified Letter dated/mailed 2-1-17 and
attached to an email to you dated 2-2-2017.
Regarding your email to me dated 1-30-2017 received 11:06 a.m.:
QUESTIONS 1. & 2. In the spring of 2015 Ron Abeles confided in me about
former Mayor Patrick Lee's Sheropa housing development being fined
$15,000 for cutting down a very large specimen tree at 139 Oak Lane
without approval. Why was this excluded from the public records request
for Oak Lane 2016 and 2017? ANSWERS to 1. & 2. The City has
responded/provided a large number of Public Records Requests for a
number of individuals, including you, asking for specific items
involving specific properties on Oak Lane over the last several months.
To the best of our knowledge, the City has provided a complete record
based on the scope of all requests. Although this particular request
falls outside of the original scope of all previous P RRs received
regarding Oak Lane, there are similar records with regard to this
particular address regarding a specimen tree. These records have been
placed in the Oak Lane 2017 folder online.
QUESTION 3. The Sheropa housing development had many large specimen
trees that needed City Council permission to remove before the start of
construction. The same as required by 1 10 & 1 12 Ocean Garden Lane at
the 1/17/2017 City Council Meeting. Why was this excluded from the
public records request for Oak Lane 2016 and 2017? ANSWER 3. As
explained above, this request falls outside of the original scope of all
previous PRRs received regarding Oak Lane. Furthermore, all City Council
action is recorded in the public record. You may search within the City
Council folder online.
QUESTION 4. Can you please direct me to the minutes of that meeting?
ANSWER 4. All City Council and City Advisory Board Meeting minutes are
posted online within their respective folder.
QUESTION 5. & 6. In October of 2014 former Mayor Patrick Lee confided
in me about being exempted from $80,000 impact fees for his Sheropa
housing development on Oak Lane. Why was this excluded from the public
records request for Oak Lane 2016 and 2017? QUESTION 6. Can you please
direct me to all of the documentation involving this $80,000 exemption?
ANSWERS to 5. & 6. The City has responded/provided a large number of
Public Records Requests for a number of individuals, including you,
asking for specific items involving specific properties on Oak Lane over
the last several months. To the best of our knowledge, the City has
provided a complete record based on the scope of all requests. The City
has no public record pertaining to the $80,000 exemption that you assert
occurred.
Regarding your email to Mayor Bob Hoog and copied to me dated 1-30-2017
received 3:02
REQUEST 1. Pursuant to Article I, section 24 of the Florida
Constitution, and chapter 1 19, F.S., I am requesting all communications
between you and former Mayor of Cape Canaveral Patrick T. Lee involving
the Sheropa housing development. This should include all face to face
meetings, written, email, telephone and third party communications.
RESPONSE 1. The City has no public record pertaining to this request.
REQUEST 2. Also the transfer of anything of value between you, Patrick
Lee and Sheropa LLC since you have been sworn in as Mayor. This should
include any cash, bank transfers, gifts, exemption from fees fines or
promises of favors to a third party. RESPONSE 2. The City has no public
record pertaining to this request..
Regarding your email to me dated 1-2-2017, received by me 2-6-2017 at
7:19 a.m.:
STATEMENTS
1. You have required a deposit of Sl 50.00 for the
information I have requested. At I I :30am 1/2/2017 1 went to City Hall
and paid a deposit of Sl 50.00 to get the information requested.
2. I request a waiver of all fees for this request since
the disclosure of the information I seek is not for commercial use. The
reason for this request is to help all of the residents of Oak Lane
understand and find a solution to what went wrong with the Sheropa
Housing Development. The problems include unsaleable homes with numerous
code violations, safety issues, flooding issues, environmental issues
and are now mired in legal problems.
3. Your requirement that I pay for this information
suggests I am abusing the system with excessive requests for
information. My first request has uncovered evidence of multiple
violations of City policy by Community Development Director David
Dickey. The request for information you are currently working on will
most likely uncover evidence of criminal behavior by David Dickey.
RESPONSES TO STATEMENTS -
1. Section 119.07(4)(d), F.S. authorizes the imposition of a special
service charge when the nature or volume of public records to be
inspected is such as to require extensive use of information technology
resources, or extensive clerical or supervisory assistance, or both.
The City does not consider the furnishing of records to be a
revenue-generating operation. However, due to the nature or volume of
public records and information to be inspected or copied in your
Requests, it was necessary to request a deposit from you based on the
estimated labor costs that the City would incur to complete your
request. You were made aware of this requirement in the Certified Letter
you received from the City dated 2-1-2017. The City is under no
obligation under the Florida Public Records Law to grant a waiver for
these charges. A receipt for the cost of your Requests is forthcoming
along with a refund check in the amount of $113.84 will be mailed to you
because the time expended by the City to complete your Requests was less
than originally estimated. To the extent necessary and allowed by law,
the City will continue to require deposits, special service charges,
and/or copying charges for other public records requests.
3. The City has responded/provided a large number of Public Records
Requests for a number of individuals, including you, asking for specific
items involving specific properties on Oak Lane over the last several
months. To the best of our knowledge, the City has provided a complete
record based on the scope of all requests.
STATEMENT 4. / QUESTION 5. 4) In light of all of the information you
have supplied to me already I would like to file a complaint against the
City of Cape Canaveral Community Development Director David Dickey. 5)
Can you please inform me of the correct method to file this complaint
against David Dickey? RESPONSE TO STATEMENT 4. / QUESTION 5. You have
already expressed concerns regarding Mr. Dickey on numerous occasions
and to numerous investigative agencies. We suggest you continue the
process through those agencies.
Sincerely,
Mia Goforth City Clerk
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
Lane right-of-way, the City Council
would be required to do so through the adoption of a resolution. This
would require a properly noticed public hearing where residents
(including Mr. Lennon) would have an opportunity to speak to the issue.
At no time has the City suggested that the right-of-way line be moved.
As indicated above, there is no evidence from the submitted documents
that the Oak Lane right-of-way lines are incorrect or that they will
need to be moved.
According to the preliminary design work completed for the proposed
improvements to Oak Lane referenced in paragraph #2 above, Mr. Lennon’s
property will be approximately ten (10) feet north of the edge of
pavement.
For purposes of the evidentiary hearing to be held on October 24, 2016,
City Staff provided notice consistent with Sec. 110-28. – Due process;
special notice requirements. Note that the required notices were
mailed/posted on September 26, 2016; twenty-eight (28) days prior to the
hearing date on October 24th. City Code requires 14 calendar days.
Xc: Honorable Mayor and City Council
Anthony Garganese, City Attorney
Jim Beadle, Esq.
David Greene, City Manager
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
ting
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