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1/21/2017
Dear Mr. McMillin,
We met for the first time at the November 15 2016 City Council meeting
when you were sworn in as Mayor Pro Tem of the City of Cape Canaveral.
You introduced yourself and recognized my name as the one having all of
the problems on Oak Lane and suggested you meet with me on Oak Lane
11/17/2016 10AM. I was very happy that after 2.5 years of trying to
resolve the problems, someone from the City of Cape Canaveral was
willing to take the time to investigate the Oak Lane issues. You
listened to several residents of Oak Lane complain about the gigantic
mess created by City Manager David Green and Community Development
Director David Dickey. After about 20 minutes you decided you needed a
place to sit and take notes on your laptop. We went to my house and sat
at the table while you typed for several minutes. Then you asked what
you could do for me as Mayor Pro Tem of the City of Cape Canaveral. I
recapped the complaint I filed with the Cape Canaveral Police Department
about David Dickey falsifying government records in an attempt to
infringe on my property rights and he continues to this day. I suggested
to you that David Dickey should be held responsible for his actions. You
said you will do what you can on this matter and we concluded our
meeting. I then started looking at the agendas for all of the City of
Cape Canaveral meetings so I could attend and participate in the
process. I saw nothing in the agendas so I continued going to every
meeting. Whenever you were present you ignored me and made no mention of
the Oak Lane issues to other board members. I concluded you had no
intention of helping the residents of Oak Lane.
While I was leaving the Port Authority meeting on 1/18/2017 I walked
past you and said hello out of force of habit and continued walking. I
had no intentions of any “ex parte” or sunshine law violations. A good
example of “ex parte” would be the letter sent to “independent hearing
officer Andrew Smith” by David Dickey on October 11, 2016 to taint the
hearing that would affect my property rights. David Dickey sent a copy
of that letter to City Attorney Anthony Garganese on 10/11/2016. It
appears to me that the City Attorney is perverting the sunshine law for
use as a tool to harbor unlawful behavior by David Green and David
Dickey. A quick internet search reveals Green and Dickey worked as a
team at the City of Winter Haven. Both were fired / resigned for a
sordid past that sounds very similar to what they are doing to me. The
following is copied from “The Ledger”:
Dickey also has been involved in other controversies.
He was a lead city official in the deal to sell the Chain of Lakes
Complex to a private developer. That deal is now mired in a threatened
lawsuit after the commission's January termination of the contract.
The development, called The Landings, was planned as a $150 million
mixed-use development that would be built at the Chain of Lakes Complex
and contain new restaurants, retail, hotels and an IMAX theater.
The project's financier, Taylor Pursell, has said he will file a
lawsuit against the city.
At recent commission meeting, multiple Winter Haven residents had
called for Dickey to be fired.
In the 2011 investigation, the State Attorney's Office acted on an
anonymous tip that the city had acted improperly over four building
projects.
The investigation determined that Dickey had not followed city
policies.
State Attorney Jerry Hill said at the time that one "real problem" was
that after mistakes were made, "it would appear some things were done
after the fact to justify what they did."
Dickey was the subject of disciplinary action and a one-day unpaid
suspension in 2009 by then City Manager David Greene for, among other
things, failing to "communicate in an honest and forthright manner;
regularly providing only portions of the story of information that needs
to be known" and repeatedly looking for a "quick fix instead of
considering the ramifications" of his actions.
Mr. McMillin I have been a home / business owner in the City of Cape
Canaveral for more than 30 years. I tell everyone who will listen to me
how I live in paradise. I have never been fired or reprimanded from any
job or ever been convicted and imprisoned for fraud / forgery. Until
recently I have never had to interact with that type of person so I have
no experience as how to interact. I assumed the issues I brought to the
City’s attention would be received with appreciation. Instead the city
attorney has advised to ignore all of my suggestions and not communicate
with me and side with the Sheropa developer on every issue. Now I have
wonderful neighbors who live in unsaleable homes with numerous code
violations, safety issues, flooding issues, environmental issues and are
now mired in legal problems. I also have the same problems as my
neighbors.
I reached out for help from City code enforcement, Building department
officials, City Manager David Green, City Council member Mike Brown,
City Council member Rocky Randels, the City Attorney, Cape Canaveral
Police department, Mayor Bob Hoog. You were my last hope. I woke up his
morning and realized times have changed and I no longer live in
paradise. You “sincerely hope that I am are able to find an amicable
solution and you regret any stress that I am having regarding this” is
of little comfort. You have no idea how stressful it is when your own
government dumps 6 loads of trash in your yard!
To make sure there is no “ex parte” or sunshine violation I will send a
copy of this letter to all City employees, elected officials, and the
residents of Oak Lane.
Bernard Lennon
126 Oak Lane
Cape Canaveral, Florida
abc777@cfl.rr.com <mailto:abc777@cfl.rr.com>
From: Brendan McMillin [mailto:B.McMillin@cityofcapecanaveral.org]
Sent: Thursday, January 19, 2017 3:06 PM
To: Bernie <abc777@cfl.rr.com>
Subject: Good to see you
Dear Mr. Lennon,
Thanks for saying hello last night at the council meeting. After our
conversation in December regarding your issues on Oak Lane and the
conflicting surveys, rights of way and the like, I spoke with he city
attorney and was advised that any discussions outside of the council
room or other public venue may be considered "ex parte”. I believe that
was the legal term. To my understanding, the concern is that this issue
is fairly likely to come before the council and any discussion outside
of a public forum may hamper my ability to fairly give an unbiased
opinion. I want to be a part of the solution but as an elected official
I have certain restrictions. Therefore, I would like to say thank you
for your time to explain your point of view and if you have any other
topics I would be more than happy to discuss them with you.
I sincerely hope that you are able to find an amicable solution and I
regret any stress that you are having regarding this.
Very Respectfully,
Brendan McMillin
Mayor Pro Tem
City of Cape Canaveral
b.mcmillin@cityofcapecanaveral.org
<mailto:b.mcmillin@cityofcapecanaveral.org>
CC: City attorney, City Mgr
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
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
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