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Home My WebLink AboutRE 305 Surf Drive (49)I’ve tried to call you and David and got voicemail. Anthony A Garganese | Esquire Board Certified City, County & Local Government Law Garganese, Weiss, D’Agresta, & Salzman, 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: Wednesday, May 30, 2018 10:59 AM To: Anthony A. Garganese <agarganese@orlandolaw.net> Subject: FW: 305 Surf Drive Anthony – would you please give me a call on this. Mr. Greene and I spoke and it is time for a response on what the City can and can’t do with respect to code enforcement actions on this property David Dickey Community Development Director d.dickey@cityofcapecanaveral.org <https://url.emailprotection.link/?a2VYdi2Su9eqxkfZ_QQfTJEPJy6tW98nLPWrt 4gaIkJ5KqajuSnLXVSoPDavfaqf9M6DD2QaTXC7YbkO0xwv9Jw~~> 321-868-1220 Ext 118 321-868-1248 fax 100 Polk Avenue. / P.O. Box 326 Cape Canaveral, FL 32920 www.cityofcapecanaveral.org <https://url.emailprotection.link/?aPwbxGy3anfGB_evybaTFmF3lTZbpTcYWj_vp QKdWRfQSW09jsIrpRdw1f6t-imgSTFpLhxmR6uL1Te_wunGZvQ~~> 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: David Greene Sent: Friday, May 25, 2018 9:06 AM To: David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> > Cc: Anthony Garganese <agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >; Michael German <M.German@cityofcapecanaveral.org <mailto:M.German@cityofcapecanaveral.org> > Subject: Fwd: 305 Surf Drive David, Please see below. Please work with Anthony in response as appropriate. Thanks. dg Get Outlook for iOS <https://url.emailprotection.link/?aeNeYa6ON-q7liHW4uUULYOR8C3jrzKjBs0AO vD6127E~> ________________________________ From: Bob Hoog Sent: Friday, May 25, 2018 8:52:59 AM To: David Greene Cc: CAMPBELL, PATRICK FRANK. (KSC-TOSC-5000)[Test and Operations Support Contract] Subject: FW: 305 Surf Drive David, I think this situation has gone beyond far enough. We as a city should have more ability to correct this problem than what has, and what is being done. I fully agree with Mr. Campbell. I have followed this case from the beginning and I think it needs to come to a conclusion. We do not need to go to no where but court with this, or a special magistrate. We don’t need to listen to Mr. Schmitz lame excuses any longer. Yes, I realize we have to follow the laws, but I think we have run ought of options. I feel the pain of Mr. Campbell, and I don’t think any- body in this city or on this staff would be as tolerant if they had to live next door to the dump at 305 Surf. The CITY needs to bring this to a closure immediately. Thanks, for all you do. Mayor From: Patrick Campbell <patrickcampbell@cfl.rr.com <mailto:patrickcampbell@cfl.rr.com> > Sent: Thursday, May 24, 2018 4:23 PM To: Bob Hoog <B.Hoog@cityofcapecanaveral.org <https://url.emailprotection.link/?atcQdS1eAx9MsrV-RIdYxHlCGryfMH96XAg0O 0fMjPqPAsTiS9hzm8LYTQXQ3KrusniqMt_P1OqjvkB2bmRr3rg~~> > Cc: c.cloney@cityofcapecanaveral.org <https://url.emailprotection.link/?aZvWhqqlsDTGW7JhbpUAw_-w7O6RKeUjhs0Rn CJnypqwWaC8-tOApfmFjdatfGi5_likZ12KjE01TYrqOZy1C_w~~> Subject: 305 Surf Drive The situation at 305 Surf Drive continues. I just met with Code Enforcement and the Building Department. I am told that the pool demolition will begin on Tuesday. I asked about all of the other violations and there is nothing being done about them other than Gerry has filed a complaint about my fence. I’ll take care of my fence. I need more aggressive action on the 305 property. On August 20, 2015, the minutes of the Code Enforcement meeting member Cloney asked that Mr. Schmitz be made aware of what he needs to do to be in full compliance. I am asking now for the City to provide me exactly what was done to meet Mr. Cloney’s request to ensure Mr. Schmitz was informed of all that needed to be done. It is not just the Pool. The inaction on this situation for the past 10 years is appalling. I am left with no solution and no answers other than the City is doing “all it can do” and I disagree. Continuing to say “we can’t enter the property” is hollow. Do no more than stand in my yard and look at what I look at and have looked at for more than 10 years. If the City will clear the east property line, remove the junk including the derelict boat hull and overgrown rubber tree I will put up a fence. I called a fence contractor for an estimate and he looked at the City barricade and sign and said he won’t touch it until that situation is cleared up. PLEASE HELP ME!! I have asked to speak to the City Attorney and intend to do everything possible to give this as much viability as I can. This is an embarrassment to the city. Over the next few weeks I will be requesting additional City records and will present a summary of all I find to the City Council at the next meeting. 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 mal">Cape Canaveral, FL 32920 <a href="https://url.emailprotection.link/?aPwbxGy3anfGB_evybaTFmF3lTZbpTcYWj_vpQKdWRfQSW09jsIrpRdw1f6t-imgSTFpLhxmR6uL1Te_wunGZvQ~~">www.cityofcapecanaveral.org</a><o:p></o:p>       <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:image009.png@01D3F80C.7336BEE0" alt="face"></a><a href="mailto:https://www.instagram.com/cityofcapecanaveral/"><img border="0" width="32" height="32" id="Picture_x0020_3" src="cid:image010.png@01D3F80C.7336BEE0" 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:image011.png@01D3F80C.7336BEE0" alt="Link"></a><a href="mailto:https://twitter.com/CapeCanaveralFL"><img border="0" width="32" height="32" id="Picture_x0020_5" src="cid:image012.png@01D3F80C.7336BEE0" 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: David Greene Sent: Friday, May 25, 2018 9:06 AM To: David Dickey <<a href="mailto:D.Dickey@cityofcapecanaveral.org">D.Dickey@cityofcapecanaveral.org</a>> Cc: Anthony Garganese <<a href="mailto:agarganese@orlandolaw.net">agarganese@orlandolaw.net</a>>; Michael German <<a href="mailto:M.German@cityofcapecanaveral.org">M.German@cityofcape canaveral.org</a>> Subject: Fwd: 305 Surf Drive<o:p></o:p> </div> </div> <o:p> </o:p> <div id="compose-container"> <div> <div> David, Please see below. Please work with Anthony in response as appropriate. Thanks. dg<o:p></o:p> </div> <div> <o:p> </o:p> </div> <div> Get <a href="https://url.emailprotection.link/?aeNeYa6ON-q7liHW4uUULYOR8C3jrzKjBs0AOvD6127E~"> Outlook for iOS</a><o:p></o:p> </div> </div> </div> <div class="MsoNormal" align="center" style="text-align:center"> <hr size="2" width="98%" align="center"> </div> <div id="divRplyFwdMsg"> From: Bob Hoog Sent: Friday, May 25, 2018 8:52:59 AM To: David Greene Cc: CAMPBELL, PATRICK FRANK. (KSC-TOSC-5000)[Test and Operations Support Contract] Subject: FW: 305 Surf Drive <o:p></o:p> <div>  <o:p></o:p> </div> </div> <div> <div> David,  I think this situation has gone beyond far enough.  We as a city should have more ability to correct this problem than what has, and what is being done. I fully agree with Mr. Campbell. I have followed this case from the beginning and I think it needs to come to a conclusion.  We do not need to go to no where but court with this, or a special magistrate.  We don’t need to listen to Mr. Schmitz lame excuses any longer. Yes, I realize we have to follow the laws, but I think we have run ought of  options.  I feel the pain of Mr. Campbell, and I don’t think  any- body in this city or on this staff would be as tolerant if they had to live next door to the dump at 305 Surf.  The CITY needs to bring this to a closure immediately.  Thanks, for all you do.  Mayor<o:p></o:p>  <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">patrickcampbell@cfl.rr.com</a>> Sent: Thursday, May 24, 2018 4:23 PM To: Bob Hoog <<a href="https://url.emailprotection.link/?atcQdS1eAx9MsrV-RIdYxHlCGryfMH96XAg0O0fMjPqPAsTiS9hzm8LYTQXQ3KrusniqMt_P1OqjvkB2bmRr3rg~~">B.Hoog@cityofcapecanaveral.org</a>> Cc: <a href="https://url.emailprotection.link/?aZvWhqqlsDTGW7JhbpUAw_-w7O6RKeUjhs0RnCJnypqwWaC8-tOApfmFjdatfGi5_likZ12KjE01TYrqOZy1C_w~~"> c.cloney@cityofcapecanaveral.org</a> Subject: 305 Surf Drive<o:p></o:p> </div> </div>  <o:p></o:p> The situation at 305 Surf Drive continues. I just met with Code Enforcement and the Building Department. I am told that the pool demolition will begin on Tuesday. I asked about all of the other violations and there is nothing being done about them other than Gerry has filed a complaint about my fence. I’ll take care of my fence. I need more aggressive action on the 305 property. <o:p></o:p>  <o:p></o:p> On August 20, 2015, the minutes of the Code Enforcement meeting member Cloney asked that Mr. Schmitz be made aware of what he needs to do to be in full compliance. <o:p></o:p>  <o:p></o:p> I am asking now for the City to provide me exactly what was done to meet Mr. Cloney’s request to ensure Mr. Schmitz was informed of all that needed to be done. It is not just the Pool. The inaction on this situation for the past 10 years is appalling. <o:p></o:p>  <o:p></o:p> I am left with no solution and no answers other than the City is doing “all it can do” and I disagree. Continuing to say “we can’t enter the property” is hollow. Do no more than stand in my yard and look at what I look at and have looked at for more than 10 years. If the City will clear the east property line, remove the junk including the derelict boat hull and overgrown rubber tree I will put up a fence. I called a fence contractor for an estimate and he looked at the City barricade and sign and said he won’t touch it until that situation is cleared up. PLEASE HELP ME!!<o:p></o:p>  <o:p></o:p> I have asked to speak to the City Attorney and intend to do everything possible to give this as much viability as I can. This is an embarrassment to the city. Over the next few weeks I will be requesting additional City records and will present a summary of all I find to the City Council at the next meeting. <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> </div> 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> </div> <span style="font-size:12.