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Home My WebLink AboutFW Cape Canaveral - Wave Village (4)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 <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: David Dickey Sent: Tuesday, May 21, 2019 8:59 AM To: Bob Hoog <B.Hoog@cityofcapecanaveral.org>; Mike Brown <M.Brown@cityofcapecanaveral.org>; Rocky Randels <R.Randels@cityofcapecanaveral.org>; Wes Morrison <W.Morrison@cityofcapecanaveral.org>; Angela Raymond <A.Raymond@cityofcapecanaveral.org> Cc: David Greene <D.Greene@cityofcapecanaveral.org>; Anthony A. Garganese <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 <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: 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 <http://www.orlandolaw.net/> 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 <http://www.orlandolaw.net/> 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 t.state.fl.us> > Subject: AQQ25-R1 – City of Cape Canaveral MOA Good Morning Tim, Attached is your February MOA Inspection Report. If you have any questions or concerns, please call me. ________________________________________ Lori Benton Contract Coordinator II, F.C.C.M. FDOT 555 Camp Road, M/S 590 COCOA, FL 32927 FLORIDA DEPARTMENT OF TRANSPORTATION Brevard Operations ( 321-634-6097 DOTNet 885-6097 Fax: 321-634-6036 + email: Lori.Benton@DOT.State.FL.US <mailto:Lori.Benton@DOT.State.FL.US> Work Hours: Monday through Friday (7:00 am to 3:30 pm) <image002.jpg> 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 ***THIS EMAIL WAS RECEIVED FROM AN EXTERNAL SOURCE. PLEASE DO NOT OPEN ANY ATTACHMENTS OR CLICK ON ANY LINKS UNLESS YOU ARE SURE THE SENDER IS SAFE AND YOU WERE EXPECTING THE EMAIL. PLEASE CONTACT THE IT HELP DESK IF YOU ARE UNSURE WHETHER THE EMAIL IS LEGITIMATE.*** NOTICE: This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. Section 2510-2521 and is legally privileged. This message and any attachments hereto may contain confidential information intended only for the use of the individual or entity named above. If you are not the intended recipient(s), or the employee or agent responsible for delivery of this message to the intended recipient(s), you are hereby notified that any dissemination, distributions or copying of this email message is strictly prohibited. If you have received this message in error, please immediately notify the sender and delete this email from your computer. 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 ***THIS EMAIL WAS RECEIVED FROM AN EXTERNAL SOURCE. PLEASE DO NOT OPEN ANY ATTACHMENTS OR CLICK ON ANY LINKS UNLESS YOU ARE SURE THE SENDER IS SAFE AND YOU WERE EXPECTING THE EMAIL. PLEASE CONTACT THE IT HELP DESK IF YOU ARE UNSURE WHETHER THE EMAIL IS LEGITIMATE.*** NOTICE: This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. Section 2510-2521 and is legally privileged. This message and any attachments hereto may contain confidential information intended only for the use of the individual or entity named above. If you are not the intended recipient(s), or the employee or agent responsible for delivery of this message to the intended recipient(s), you are hereby notified that any dissemination, distributions or copying of this email message is strictly prohibited. If you have received this message in error, please immediately notify the sender and delete this email from your computer. 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