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Home My WebLink AboutRe EXTERNAL Re Cape Canaveral - Wave Village (3)Wes, My letter speaks for itself. But Call me on the phone if you want to discuss the legal issues. Regards, Anthony Garganese Sent iPhone (please excuse errors) On Jun 20, 2019, at 5:50 PM, Wes Morrison <W.Morrison@cityofcapecanaveral.org <mailto:W.Morrison@cityofcapecanaveral.org> > wrote: Hi Dave, Would you please email me the initial proposed development agreement that was sent on November 14, 2018, and the black lined proposed revisions the City sent back to them on February 21, 2019, from the referenced on the second page of the attached letter? Thank you, <https://url.emailprotection.link/?bKDznT66qPWPJO-dP5aLGqYR1Gg55ZIVcQu9Y IXKmayZ8DdI0CStb99QbAHESuqQ3rQxYoUVIYUX0dYnTG40Ne15uUQ7ovVk1LapydcAK1VZX ZJ5IBMksBntg620xXXle> Wes Morrison City Council Member w.morrison@cityofcapecanaveral.org <mailto:m.goforth@cityofcapecanaveral.org> 321-593-2335 cell <tel:(321)%20868-1220> 321-868-1248 <tel:(321)%20868-1248> fax 105 Polk Avenue. P.O. Box 326 Cape Canaveral, FL 32920 www.cityofcapecanaveral.org <https://url.emailprotection.link/?bKDznT66qPWPJO-dP5aLGqYR1Gg55ZIVcQu9Y IXKmayZ8DdI0CStb99QbAHESuqQ3rQxYoUVIYUX0dYnTG40Ne15uUQ7ovVk1LapydcAK1VZX ZJ5IBMksBntg620xXXle> Launch your connection… <https://url.emailprotection.link/?b3_MnvJTk8u4dATs9wr5Wo4znctCJWBYINFMM xCdD1mc2T_7ZX2wRT7lp6IwZ_bkK55FhwTrutcWSvCHmsPgvHcIoHogdGAuSagBu5eHV6_4M wFgCAjfA838E1R9KKPhE> <https://url.emailprotection.link/?bJ5QI1HYl4Ufk4yz5s3IZ8EV1mxUWaqOL3-7K cu-Axn7dTscg3mPjtZ7lH6EFZrwG4kGcMyvV2_o-GC1OkJdDmP7LG-JkuRFS_b3dVXnjSubo K8WAFNW5hwOLhWCzVfnO> <https://url.emailprotection.link/?bQ3u0tPohgRYRR43rrg1Aiymr9Fj5n7y_YO6Y NjWWxBkYTzmJK8kbAH5XXuQv8I9pNTkU-Swa5dG8PFwrSYErkBLycDgQy4SL9JEfxA1FEvJF lCwSfymmDegIt8K9nSFcqHREn4Nbye6NKH-y4M_7nh6ow2r4dGdjw6WNBjR8xBQ~> <https://url.emailprotection.link/?bKEKnlSpDMYEAZq2w5XjWl2MLJilD3zch8mrF PnQkbu5o4LCfxtbuA_seztSyOJMTwl0epUvxjwTsYX6VpPnr6KU3udy4WND8wphD9VltCQBd usCFaax_7mLAMYax960z> ________________________________ From: David Dickey Sent: Thursday, June 20, 2019 4:31 PM To: Bob Hoog; Mike Brown; Rocky Randels; Angela Raymond; Wes Morrison Cc: Anthony Garganese; David Greene; John Cunningham; Michael German; Gustavo Vergara; Todd Morley; Joshua Surprenant; Brenda Surprenant Subject: FW: Cape Canaveral - Wave Village Members of the City Council – at Tuesday night’s Council meeting, Ms. Kim Rezenka, representing Mosh Gal, presented materials, including a draft developer agreement, regarding the proposed Wave Village project located at 8801 Astronaut Boulevard. Among other things, Ms. Rezenka indicated that City Staff is not willing to bring the draft developer agreement before Council for consideration. In fact, what is happening is Mr. Gal is asking the Council to take actions not allowed by City Code. Attached is a letter dated May 21, 2019, from the City Attorney, to Ms. Rezenka that clearly indicates the City’s position on this matter. I want to direct your attention to the final sentence on page 1, which states: “As it stands now, your client is essentially asking the City to accept his initial draft of the development agreement, which is unacceptable to the City Manager and staff for a variety of reasons including the fact that some of your proposed terms (e.g., 65 foot height of buildings, signage variations) are ultra vires because they are inconsistent with the special zoning permit requirements set forth in the current City Code, and therefore, they are beyond the City’s current authority to approve or waive solely by development agreement.” In other words, the Council is being asked to act beyond its legal power or authority. Specifically, the initial draft of the development agreement included provisions to allow the proposed buildings be built to a height of 65 feet and additionally requested certain sign code variances that cannot be approved/waived by development agreement. As an example, construction to 65 feet is only authorized through approval of the City Community Appearance Board. Furthermore Mr. Garganese points out that “Under the circumstances, your draft agreement is not in an acceptable form to formally present to the City Council for consideration and approval. Again, I would encourage your client to reconsider his position and reengage in the negotiations with City staff to complete an acceptable draft agreement that can be appropriately presented to the City Council.” Page 2 of the May 15th letter provides a factual explanation of the discussions/negotiations between the parties to that point, while page 3 includes responses to a number of comments from Ms. Rezenka contained in an earlier letter on the matter. Despite several requests to Ms. Rezenka and Mr. Gal to continue negotiating an acceptable Development Agreement that could be considered by the Council, no response had been received until Tuesday night appearance before the Council. By asking the Council to direct the City Manager to move the initial draft of the DA forward, Mr. Gal is attempting to circumvent the required process and place the Council in a position not supported by Code. Please let me know if you have any questions regarding this matter. Thank you. David Dickey Community Development Director d.dickey@cityofcapecanaveral.org <mailto:d.dickey@cityofcapecanaveral.org> 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/?bKDznT66qPWPJO-dP5aLGqYR1Gg55ZIVcQu9Y IXKmayZ8DdI0CStb99QbAHESuqQ3rQxYoUVIYUX0dYnTG40Ne15uUQ7ovVk1LapydcAK1VZX ZJ5IBMksBntg620xXXle> 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 Dickey Sent: Tuesday, May 21, 2019 8:59 AM To: Bob Hoog <B.Hoog@cityofcapecanaveral.org <mailto:B.Hoog@cityofcapecanaveral.org> >; Mike Brown <M.Brown@cityofcapecanaveral.org <mailto:M.Brown@cityofcapecanaveral.org> >; Rocky Randels <R.Randels@cityofcapecanaveral.org <mailto:R.Randels@cityofcapecanaveral.org> >; Wes Morrison <W.Morrison@cityofcapecanaveral.org <mailto:W.Morrison@cityofcapecanaveral.org> >; Angela Raymond <A.Raymond@cityofcapecanaveral.org <mailto:A.Raymond@cityofcapecanaveral.org> > Cc: David Greene <D.Greene@cityofcapecanaveral.org <mailto:D.Greene@cityofcapecanaveral.org> >; Anthony A. Garganese <agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> > Subject: FW: Cape Canaveral - Wave Village Importance: High Members of the City Council – attached is correspondence from the City Attorney regarding the proposed Wave Village Mixed Use project at 8801 Astronaut Boulevard. Let me know if you have any questions regarding this matter. Dave David Dickey Community Development Director d.dickey@cityofcapecanaveral.org <mailto:d.dickey@cityofcapecanaveral.org> 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/?bKDznT66qPWPJO-dP5aLGqYR1Gg55ZIVcQu9Y IXKmayZ8DdI0CStb99QbAHESuqQ3rQxYoUVIYUX0dYnTG40Ne15uUQ7ovVk1LapydcAK1VZX ZJ5IBMksBntg620xXXle> 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: Wednesday, May 15, 2019 3:30 PM To: David Greene <D.Greene@cityofcapecanaveral.org <mailto:D.Greene@cityofcapecanaveral.org> >; David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> > Subject: FW: Cape Canaveral - Wave Village Importance: High See attached. Let me know if you have any questions. Please provide the City Council a copy if you think it is necessary so they are apprised of the status. Regards, Anthony Garganese, Weiss, D'Agresta & Salzman, P.A. Anthony A. Garganese, Shareholder Board Certified in City, County & Local Government Law 111 N. Orange Ave., Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa (866) 425-9566 Website: www.orlandolaw.net <https://url.emailprotection.link/?bbHhtcQhfMv-GBHAsH2Thf5yLBe6MiRF4xPwp V7bXhM4vTOqaRxxuu2ldtDhNFcK5hThV-kNgBEmhT3KW7cVKqQ~~> Email: sshell@orlandolaw.net <mailto:sshell@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: Anthony A. Garganese Sent: Wednesday, May 15, 2019 3:26 PM To: kim@cfglawoffice.com <mailto:kim@cfglawoffice.com> Cc: Patty Clark <patty@cfglawoffice.com <mailto:patty@cfglawoffice.com> > Subject: Cape Canaveral - Wave Village See attached. Garganese, Weiss, D'Agresta & Salzman, P.A. Anthony A. Garganese, Shareholder Board Certified in City, County & Local Government Law 111 N. Orange Ave., Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa (866) 425-9566 Website: www.orlandolaw.net <https://url.emailprotection.link/?bbHhtcQhfMv-GBHAsH2Thf5yLBe6MiRF4xPwp V7bXhM4vTOqaRxxuu2ldtDhNFcK5hThV-kNgBEmhT3KW7cVKqQ~~> Email: sshell@orlandolaw.net <mailto:sshell@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. 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 ﻽ﯼ﫼﷾ﷹﯼﷷ￺ﳿ﷿ﻹﳰ﫯﷭ﻮ匿ﻱﯿ￻﷾﫲﷾ﳾﯺﳹﯽ﻽﷿﻽ﳼﯽﳻﯺ﫼ﳻﻺ﷿�﷿﷽ ￶﻾ﳾﯽ﻽﷾ﳾ﷼￻﫾﷾ﷹ﷾￹ﯿ﷟識隣﫯﫰﫿ﳵﻺﯸ﫿ﳻ￺�ﳽ﷽﫻炙￸﷾ﳻ￺﫽炙﻽茶﻽﷿﻽﷼ﳾ﻽﷼ﳾ﻽ﻼ﷿﻽﷿ﳿﳼ﷽�ﳼ識粒﻽﷿﷽ﳾ﻽﷼ﳾ﻽﷼ﳾﻺ什ﳽﷸ﷾￹﫾�ﳼ﫶﫬ﳭ￮ﻳﯾ￶刺ﷹ立刺�ﻻ﷿ﯾ�﷿ ﷾ﳾ﷼ﷻﳾ﻾﷿re 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. 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 븮᣾墵읟뫷쓻ὗ೿祽缐紌㻶쌿�捘翨守徱ᓣ翼᯵䋼﫺맳휱ោ翁㾜ｏ葓䋌懿쇼ဳͽ냗៼翘쎂臹ן֪쇵Ｏ⍆葟ｘ供迸폷譠䇿Ἒꗭ毷ｯ썐냟⏼跰쌐難縴梴ｺ﫿＋翽풦퀰ꗿ��淿�៴蟡䇸ｭ䇸葽紕⫨ﳻ뼠䣿霶⦂鎠ࣿﾡ羽⾚꜈蛿쳾懗༴䎽ቾ྿懽춿晴퉝﹋漣綢끝㭅唳翽罦髻䆈뻫��￷복ￂﺇ㞼ޭ埻ﷶ绵矕痭忿뻞忻ᳩ彽榯ﭚ鶴꾴ￗ⹬囚欗쨭７㿤퓿ﺑ翝媯繟ힽ篵꽿쎯繟쳗굖ඥ䬧듾泿樫庚楡 숰ガᚶࣾ⯮蚍洒硂묣ﾭﺧ著㮎ꤊꁶ箊惚羊�詠౻툗䞰䱱䨰ꦽ笝┌헰俤魴͡認ﺺ裒ꭽပ扛読偢鳸핰긴錪詩閆㛅晴ჶ畿픤䝮แ諫魢襕蹃裓�쒆녩灗髢顢▦ᨎ⢱ꝱ剬쒦逶�䄎〠쒭ꛣ憚芄‌ໂ鈩ၴࡡ㉭팱팔ف洐ᬄ汍䠨ꀸ䆛莠㔍됕懅還١莠㠈⟙偌葁䄘疒န㑭₅ꃚࢃ䤶䳐젦ે쑉舶ୡꙩꢩفꃂ䆘Ⴔ뉩፮ꙉ椐嚼棂騰同遼쳇愺쨴ᐜ⮧젊١—⡡ࡡ袈⋢ᅹ裐袈袃臠夊艃