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Home My WebLink AboutRE 305 Surf Drive status (79)Will do. <http://www.cityofcapecanaveral.org/> Launch your connection… <https://www.facebook.com/CityofCapeCanaveral> <https://www.instagram.com/cityofcapecanaveral/> <https://www.linkedin.com/company/city-of-cape-canaveral-the> <https://twitter.com/CapeCanaveralFL> From: David Dickey Sent: Friday, December 15, 2017 11:36 AM To: Michael German <M.German@cityofcapecanaveral.org> Subject: FW: 305 Surf Drive status Mike – can you see that Brian/Chris take care of this today. Thank you. <mailto:http://www.cityofcapecanaveral.org/> Launch your connection… <mailto:https://www.facebook.com/CityofCapeCanaveral> <mailto:https://www.instagram.com/cityofcapecanaveral/> <mailto:https://www.linkedin.com/company/city-of-cape-canaveral-the> <mailto:https://twitter.com/CapeCanaveralFL> From: Anthony A. Garganese [mailto:agarganese@orlandolaw.net] Sent: Friday, December 15, 2017 11:20 AM To: David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> >; Michael German <M.German@cityofcapecanaveral.org <mailto:M.German@cityofcapecanaveral.org> > Cc: David Greene <D.Greene@cityofcapecanaveral.org <mailto:D.Greene@cityofcapecanaveral.org> > Subject: RE: 305 Surf Drive status Yes, the City has the ability to secure the fence under exigent circumstances. Follow the same procedure as last time. The City should attempt to contact the property owner at the home first. If he is unwilling to immediately deal with the situation or is not home, the City can enter the property to fix the security fence around the pool for safety reasons and post another notice advising the owner of the City’s actions. Anthony 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> Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. From: David Dickey [mailto:D.Dickey@cityofcapecanaveral.org] Sent: Friday, December 15, 2017 8:58 AM To: Anthony A. Garganese <agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >; Michael German <M.German@cityofcapecanaveral.org <mailto:M.German@cityofcapecanaveral.org> > Cc: David Greene <D.Greene@cityofcapecanaveral.org <mailto:D.Greene@cityofcapecanaveral.org> > Subject: FW: 305 Surf Drive status Anthony – see below. I will ask CE to go inspect the property with respect to the emergency fencing around the pool. I’m assuming City Staff has the ability to enter the property to maintain the fence?? Please advise. I will also respond to Mr. Campbell regarding the City’s action regarding the pool. <mailto:http://www.cityofcapecanaveral.org/> Launch your connection… <mailto:https://www.facebook.com/CityofCapeCanaveral> <mailto:https://www.instagram.com/cityofcapecanaveral/> <mailto:https://www.linkedin.com/company/city-of-cape-canaveral-the> <mailto:https://twitter.com/CapeCanaveralFL> From: Patrick Campbell [mailto:patrickcampbell@cfl.rr.com] Sent: Friday, December 15, 2017 7:17 AM To: Bob Hoog <B.Hoog@cityofcapecanaveral.org <mailto:B.Hoog@cityofcapecanaveral.org> >; David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> > Subject: 305 Surf Drive status Watching the news this morning the story below caught my interest as it should yours. There has been NO changes for the better for the property at 305 Surf. The woefully inadequate plastic fence the city put up is down. I have really been patient, but the City is not doing what is necessary or required. I don’t want to cause more difficultly for the City, but something physically must be done here. The video and discussion on this tragedy ( please view the link ) http://www.wesh.com/article/possible-drowning-reported-in-deltona/144290 71 <https://url.emailprotection.link/?aSBFA-bP6lbmNY2rPpcQYCQjuF3TVa49r4m_h OkUCAv_SsZlEOVxMq2aQIucX8X4QPfx5oFQPlx3_Zs98mC0B4XLC8GbujvyOY8yHKEZEUaOI LLm2wsz7FaQJmbxLcXKv> . is so similar to the 305 situation that my stomach turned. The City is not leaving me many options short of making this situation visible to the media and other authorities. I don’t think the City has any real explanations for this decade old problem. Please give me some hope the City will do something firm before I am forced to pursue other avenues for resolution. VOLUSIA COUNTY, Fla. — A 2-year-old boy in Deltona drowned in a backyard swimming pool on Wednesday, deputies told WESH 2 News. Neighbors said they had been worried about the property on Dalton Avenue for a while. Advertisement Emergency crews received a call shortly after 3 p.m. reporting a toddler had been pulled from a pool and was not breathing. Access to the home was blocked off Wednesday as deputies completed their drowning investigation. According to the Volusia County Sheriff's Office, the boy drowned Wednesday afternoon. Rescue crews were not able to revive the child. Detectives remained at the home for several hours. Neighbors, who did not want to talk on camera, said that for years, they have been concerned about the condition of the home where the drowning occurred. One woman said she had called code enforcement to complain about the family's dogs and others said they frequently complained about trash in the yard. Records from the Volusia County Sheriff's Office reveal deputies have been called to the house at least 12 times since since 2015. The reasons for the calls range from threatening calls, to Animal Control and weapons complaints. WESH 2 News is working to find out if code enforcement officials responded to those complaints. 2-year-old boy drowns in backyard pool in Florida Associated Press Authorities have released the identity of the 2-year-old boy who drowned in his family's backyard pool in Florida. The Daytona Beach News-Journal reports that Volusia County sheriff's spokesman Andrew Gant said Colynn Mertz drowned behind a home in Deltona on Thursday afternoon. He said rescue workers could not revive the boy. No further details have been released. Deputies continue to investigate the circumstances that led to the drowning. ___ Information from: Daytona Beach (Fla.) News-Journal, http://www.news-journalonline.com <https://url.emailprotection.link/?abGskJpnfAH6IOq0ZOSnR_HaKFvrv1OsS-0Le aZ5ocOH10s0xdIHJ8FU3w59T1LcFyQWBLpmP2WOX2RO3ECs6Zg~~> 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 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 mely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail. <o:p></o:p> Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. <o:p></o:p> <o:p> </o:p> <o:p> </o:p> <a name="_MailEndCompose"></a><o:p> </o:p> <div> <div style="border:none;border-top:solid #E1E1E1 1.0pt;padding:3.0pt 0in 0in 0in"> From: David Dickey [<a href="mailto:D.Dickey@cityofcapecanaveral.org">mailto:D.Dickey@cityofcapecanaveral.org</a>] Sent: Friday, December 15, 2017 8:58 AM To: Anthony A. Garganese <<a href="mailto:agarganese@orlandolaw.net">agarganese@orlandolaw.net</a>>; Michael German <<a href="mailto:M.German@cityofcapecanaveral.org">M.German@cityofc apecanaveral.org</a>> Cc: David Greene <<a href="mailto:D.Greene@cityofcapecanaveral.org">D.Greene@cityofcapecanaveral.org</a>> Subject: FW: 305 Surf Drive status<o:p></o:p> </div> </div> <o:p> </o:p> Anthony – see below. I will ask CE to go inspect the property with respect to the emergency fencing around the pool. I’m assuming City Staff has the ability to enter the property to maintain the fence?? Please advise.<o:p></o:p> <o:p> </o:p> I will also respond to Mr. Campbell regarding the City’s action regarding the pool.<o:p></o:p> <o:p> </o:p> <div> <a href="mailto:http://www.cityofcapecanaveral.org/"><img border="0" width="390" height="149" id="Picture_x0020_1" src="cid:image011.png@01D37598.FCF0E1C0" alt="Picture 75%"></a>      <o:p></o:p>            Launch your connection…<a href="mailto:https://www.facebook.com/CityofCapeCanaveral"><img border="0" width="32" height="32" id="Picture_x0020_2" src="cid:image004.png@01D37598.FCF0E1C0" alt="face"></a><a href="mailto:https://www.instagram.com/cityofcapecanaveral/"><img border="0" width="32" height="32" id="Picture_x0020_3" src="cid:image007.png@01D37598.FCF0E1C0" alt="insta"></a><a href="mailto:https://www.linkedin.com/company/city-of-cape-canaveral-the"><img border="0" width="32" height="32" id="Picture_x0020_4" src="cid:image005.png@01D37598.FCF0E1C0" alt="Link"></a><a href="mailto:https://twitter.com/CapeCanaveralFL"><img border="0" width="32" height="32" id="Picture_x0020_5" src="cid:image008.png@01D37598.FCF0E1C0" alt="twit"></a><o:p></o:p> </div> <o:p> </o:p> <div> <div style="border:none;border-top:solid #E1E1E1 1.0pt;padding:3.0pt 0in 0in 0in"> From: Patrick Campbell [<a href="mailto:patrickcampbell@cfl.rr.com">mailto:patrickcampbell@cfl.rr.com</a>] Sent: Friday, December 15, 2017 7:17 AM To: Bob Hoog <<a href="mailto:B.Hoog@cityofcapecanaveral.org">B.Hoog@cityofcapecanaveral.org</a>>; David Dickey <<a href="mailto:D.Dickey@cityofcapecanaveral.org">D.Dickey@cityofcapec anaveral.org</a>> Subject: 305 Surf Drive status<o:p></o:p> </div> </div> <o:p> </o:p> Watching the news this morning the story below caught my interest as it should yours. There has been NO changes for the better for the property at 305 Surf. The woefully inadequate plastic fence the city put up is down. I have really been patient, but the City is not doing what is necessary or required. I don’t want to cause more difficultly for the City, but something physically must be done here. <o:p></o:p> The video and discussion on this tragedy ( please view the link ) <a href="https://url.emailprotection.link/?aSBFA-bP6lbmNY2rPpcQYCQjuF3TVa49r4m_hOkUCAv_SsZlEOVxMq2aQIucX8X4QPfx5oFQPlx3_Zs98mC0B4XLC8GbujvyOY8yHKEZEUaOILLm2wsz7FaQJmbxLcXKv"> http://www.wesh.com/article/possible-drowning-reported-in-deltona/14429071</a>. is so similar to the 305 situation that my stomach turned. The City is not leaving me many options short of making this situation visible to the media and other authorities. I don’t think the City has any real explanations for this decade old problem. Please give me some hope the City will do something firm before I am forced to pursue other avenues for resolution. <o:p></o:p> <o:p> </o:p> <o:p> </o:p> VOLUSIA COUNTY, Fla. —<o:p></o:p> A 2-year-old boy in Deltona drowned in a backyard swimming pool on Wednesday, deputies told WESH 2 News.<o:p></o:p> Neighbors said they had been worried about the property on Dalton Avenue for a while.<o:p></o:p> <o:p> </o:p> Advertisement<o:p></o:p> Emergency crews received a call shortly after 3 p.m. reporting a toddler had been pulled from a pool and was not breathing.<o:p></o:p> Access to the home was blocked off Wednesday as deputies completed their drowning investigation.<o:p></o:p> According to the Volusia County Sheriff's Office, the boy drowned Wednesday afternoon.<o:p></o:p> Rescue crews were not able to revive the child.<o:p></o:p> Detectives remained at the home for several hours.<o:p></o:p> Neighbors, who did not want to talk on camera, said that for years, they have been concerned about the condition of the home where the drowning occurred. One woman said she had called code enforcement to complain about the family's dogs and others said they frequently complained about trash in the yard. <o:p></o:p> Records from the Volusia County Sheriff's Office reveal deputies have been called to the house at least 12 times since since 2015. The reasons for the calls range from threatening calls, to Animal Control and weapons complaints.<o:p></o:p> WESH 2 News is working to find out if code enforcement officials responded to those complaints.<o:p></o:p> <o:p> </o:p> <o:p> </o:p> 2-year-old boy drowns in backyard pool in Florida <o:p></o:p> Associated Press<o:p></o:p> <o:p> </o:p> Authorities have released the identity of the 2-year-old boy who drowned in his family's backyard pool in Florida.<o:p></o:p> The Daytona Beach News-Journal reports that Volusia County sheriff's spokesman Andrew Gant said Colynn Mertz drowned behind a home in Deltona on Thursday afternoon. He said rescue workers could not revive the boy.<o:p></o:p> No further details have been released. Deputies continue to investigate the circumstances that led to the drowning.<o:p></o:p> ___<o:p></o:p> Information from: Daytona Beach (Fla.) News-Journal, <a href="https://url.emailprotection.link/?abGskJpnfAH6IOq0ZOSnR_HaKFvrv1OsS-0LeaZ5ocOH10s0xdIHJ8FU3w59T1LcFyQWBLpmP2WOX2RO3E Cs6Zg~~"> http://www.news-journalonline.com</a><o:p></o:p> 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 <o:p></o:p> 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 <o:p></o:p> Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Can