HomeMy WebLinkAboutRE 8 15 2019 Public Records Request via 9 17 19 letter - AcknowledgmentGood afternoon Bernie,
The City acknowledges your request for records related to “the drainage
problems for 131 Oak Lane including the swimming pool permit and
certificate of occupancy for the pool and how this will effect the
drainage problems”.
Staff will analyze the records and provide you with a status update on
your request in the next 3-5 business days.
Thank you.
Daniel LeFever
Interim City Clerk
d.lefever@cityofcapecanaveral.org
<mailto:d.lefever@cityofcapecanaveral.org>
phone (321) 868-1220 ext. 206
fax (321) 868-1248
100 Polk Avenue — P.O. Box 326
Cape Canaveral, FL 32920
www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/>
The City of Cape Canaveral — Sun, Space & Sea®
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eral/>
From: Bernie [mailto:abc777@cfl.rr.com]
Sent: Friday, September 20, 2019 1:51 PM
To: Daniel LeFever <D.LeFever@cityofcapecanaveral.org>
Cc: David Dickey <D.Dickey@cityofcapecanaveral.org>; Patrice Huffman
<P.Huffman@cityofcapecanaveral.org>; Mia Goforth
<M.Goforth@cityofcapecanaveral.org>; Anthony Garganese
<agarganese@orlandolaw.net>; CouncilMembers
<CouncilMembers@cityofcapecanaveral.org>; John DeLeo
<J.DeLeo@cityofcapecanaveral.org>; Brenda Surprenant
<b.surprenant@cityofcapecanaveral.org>; Alicia Spring <asrapp@aol.com>;
kwharris2@fbi.gov
Subject: Re: "8/15/2019" Public Records Request via 9/17/19 letter -
Acknowledgment
________________________________
Warning-This email originated outside the City of Cape Canaveral mail
system. Please review the sender's address. Report any suspicious mail
to John DeLeo or Sam Thorpe
________________________________
Mr. LeFever can you please include all information regarding the
drainage problems for 131 Oak Lane including the swimming pool permit
and certificate of occupancy for the pool and how this will effect the
drainage problems.
On Sep 20, 2019, at 1:33 PM, Daniel LeFever
<D.LeFever@cityofcapecanaveral.org
<mailto:D.LeFever@cityofcapecanaveral.org> > wrote:
Good afternoon Bernie,
The City acknowledges your request for records related to:
“1. Anyone else in the City of Cape Canaveral who
enjoys the rights afforded Patrick Lee (construction on a neighboring
property).
2. Permit for installing the air Conditioning
condenser at 127 Oak Lane. This should include final inspection,
variance for Sec. 110-538 (10) and the mailing list.
3. All documents involving the drainage problem at
127 Oak Lane.
4. All documents authorizing FPL to install a
permanent power meter at 127 Oak Lane.”
Staff will analyze the records and provide you with a status
update on your request in the next 3-5 business days.
Thank you.
Daniel LeFever
Interim City Clerk
d.lefever@cityofcapecanaveral.org
<mailto:d.lefever@cityofcapecanaveral.org>
phone (321) 868-1220 ext. 206
fax (321) 868-1248
100 Polk Avenue — P.O. Box 326
Cape Canaveral, FL 32920
www.cityofcapecanaveral.org
<http://www.cityofcapecanaveral.org/>
The City of Cape Canaveral — Sun, Space & Sea®
Connect with us! Facebook
<https://www.facebook.com/CityofCapeCanaveral/> + Instagram
<https://www.instagram.com/cityofcapecanaveral/> + Twitter
<https://twitter.com/capecanaveralfl> + YouTube
<https://www.youtube.com/channel/UCL28gl1p_Hwru3agK9A1sMQ> + Nextdoor
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eral/>
From: Bernie [mailto:abc777@cfl.rr.com
<mailto:abc777@cfl.rr.com> ]
Sent: Wednesday, September 18, 2019 1:12 PM
To: Daniel LeFever <D.LeFever@cityofcapecanaveral.org
<mailto:D.LeFever@cityofcapecanaveral.org> >
Cc: David Dickey <D.Dickey@cityofcapecanaveral.org
<mailto:D.Dickey@cityofcapecanaveral.org> >; Patrice Huffman
<P.Huffman@cityofcapecanaveral.org
<mailto:P.Huffman@cityofcapecanaveral.org> >; Mia Goforth
<M.Goforth@cityofcapecanaveral.org
<mailto:M.Goforth@cityofcapecanaveral.org> >; Anthony Garganese
<agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >
Subject: Re: Public Records Request via 9/17/19 letter -
Acknowledgment/Fulfillment
________________________________
Warning-This email originated outside the City of Cape Canaveral
mail system. Please review the sender's address. Report any suspicious
mail to John DeLeo or Sam Thorpe
________________________________
Mr. LeFever
Can you please update me on the status of following request or
the reason for denial? Please include all information regarding the
drainage problems for 131 Oak Lane including the swimming pool permit
and certificate of occupancy for the pool and how this will effect the
drainage problems.
8/15/2019
Honorable Mayor Hoog and Council Members of the City of Cape
Canaveral.
A final decision was made by the City Council on 10/2/2018
that required the Sheropa housing developer Patrick Lee to remove the
eastern portion of 127 Oak Lane to fit within an arbitrary 4 foot
variance. This decision can only be over ruled by the Brevard Circuit
Court. Mr. Lee and his contractor John Dinsmore agreed to this
requirement. In April 2019 construction resumed at 127 Oak Lane without
relocating the eastern wall or providing special drainage solutions for
problems identified by the City engineer. To make matters worse the air
conditioning compressor was installed on the eastern side of the of the
home in violation of SEC 110-538 (10) and making it impossible to deal
with the drainage problems.
Mayor Hoog insisted an accurate survey was not required
for the Sheropa housing development allowing 127 Oak Lane to be built
directly on the property line with 123 Oak Lane. This has resulted in
Patrick Lee installing an air conditioning compressor on property deeded
to 123 Oak Lane and to be use to cool 127 Oak Lane.
At the 10/2/2018 hearing David Dickey recommended approval
of the variance because Patrick Lee would be deprived of rights enjoyed
by others.
Pursuant to Article 1, section 24 of the Florida
Constitution, and chapter 119, F.S., I am requesting the City Clerk give
me an opportunity to inspect the public records for the following:
1. Anyone else in the City of Cape Canaveral who enjoys the
rights afforded Patrick Lee (construction on a neighboring property).
2. Permit for installing the air Conditioning condenser at
127 Oak Lane. This should include final inspection, variance for Sec.
110-538 (10) and the mailing list.
3. All documents involving the drainage problem at 127 Oak
Lane.
4. All documents authorizing FPL to install a permanent
power meter at 127 Oak Lane.
Please provide this information to the independent hearing
officer whom is looking into my other complaints involving the Sheropa
housing development.
On Sep 18, 2019, at 12:37 PM, Daniel LeFever
<D.LeFever@cityofcapecanaveral.org
<mailto:D.LeFever@cityofcapecanaveral.org> > wrote:
<ADDRESS LABELS Oak Ln New Survey mailout.docx>
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
ernie Lennon
126 Oak Lane
5/15/2019
My name is Bernie Lennon 126 Oak Lane Cape Canaveral,
FL. I was given insufficient notice to this May 15, 2019 meeting. So I
have prepared a list of questions as follows.
All the questions refer to the survey prepared by John
Campbell on 2/25/2019 mailed to me by David Dickey on 5/2/2019. Mr.
Campbell’s survey is a copy of the survey submitted to the City by Terri
Bowman on 11/15/2016 prepared by Geodata Consultants, Inc. Terri
Bowman’s survey appears accurate in every way. Terri’s survey also
matches the survey I submitted to the city and it matches the
Right-of-Way markers installed by the City of Cape Canaveral.
However, Campbell’s survey has some differences leading
to inaccuracies.
1. Can I have access to the working documents and
City comments added 4/10/19?
2. Can I have access to survey sheets 1 and 3 of
the above mentioned survey?
3. Why has this expedited survey taken over 8 month
to complete?
4. Why does the survey depict Oak Lane as dirt and
gravel when the entire length of Oak Lane is approximately 4 to 6 inches
thick asphalt? Keep in mind the Sheropa housing development has created
drainage problems that have silted parts of the road.
5. Why does the survey depict parcel A.17 as being
11.61 feet further east from what the Deed recorded in ORB 206 PG 577
describes as it is labeled on the Campbell survey?
6. Why does the survey depict parcel A.09 as being
11.61 feet further east from what is described in Deed Book 745 page 459
as labeled on the Campbell survey?
7. Why has the west line of Circle K been moved
11.61 feet east from what is described in Deed Book 762 pg 200? Keep in
mind this change will make Circle K in violation of City code and
considerably reduce the size of parcel B.
8. Why has the 1 and 1/2 inch iron pipe that has
been used to locate the N.W. corner of Oak Lane and most of the parcels
surrounding Oak Lane been removed and a 4”X4” concrete monuments with
brass disk marked with surveyors number been installed 1.2 feet north of
that location?
9. Why have the two 4”X4” concrete monuments
indicating the north line of Oak Lane Right-of-Way been moved 1.2 feet
north of what is described in Deed ORB 319 page 126 and Deed ORB 364 pg
312 and the unrecorded Deed prepared by Allen Engineering for the City
of Cape Canaveral on July 19 1978?
10. Why has the west end width of Oak Lane been
marked as 51.2 feet when Deed ORB 319 pg 126, and ORB 364 pg 312, both
have it marked as 50 feet?
11. Why does the survey’s Legal Description have
58.55 feet when the Deed ORB 319 page 126 and Deed ORB 364 pg 312, and
the unrecorded Deed prepared by Allen Engineering for the City of Cape
Canaveral on July 19 1978, both have 62.0 feet?
12. Why does the survey’s Legal Description have
434.95 feet when the unrecorded Deed prepared by Allen Engineering for
the City of Cape Canaveral on July 19 1978 has 425.5 feet?
13. Why does the survey’s Legal Description have
67.85 feet when the Deed ORB 5 page 528, and the unrecorded Deed
prepared by Allen Engineering for the City of Cape Canaveral on July 19
1978, both have 66.5 feet?
14. Why has the note copied from Terri Bowman’s
survey “FOUND 5/8” IRON ROD & CAP LB 7715 SW CORNER PARCEL A.17” have
the locating dot missing?
15. Will the buyers of 127 Oak Lane be forced to
also hire an attorney when they learn their air conditioning unit is
sitting on land owned by Suzanne Turner at 123 Oak Lane?
16. Can I please have a copy of the Campbell Survey
that has all of the above corrections?
17) I have made some serious allegations against the
City of Cape Canaveral’s mishandling of this Sheropa housing
development. In response, the City Council (September 2016) approved the
hiring of independent hearing officer (Mr. D Andrew Smith) to conduct an
evidentiary hearing in order to prepare a report to establish “findings
of fact and conclusions of law.”
Is it appropriate for the City to continue assisting the
Sheropa developer before this report is complete?
Please allow me a minimum of 14 days to inspect the
written answers to these questions before issuing a certificate of
occupancy to 127 Oak Lane.
Thank you
Bernie Lennon
126 Oak Lane
Cape Canaveral
bernierps@me.com <mailto:bernierps@me.com> On
May 23, 2019, at 3:22 PM, Daniel LeFever
<D.LeFever@cityofcapecanaveral.org
<mailto:D.LeFever@cityofcapecanaveral.org> > wrote:
Good afternoon Mr. Lennon,
Please see the attached Fee Estimate.
Staff have analyzed your request and have
estimated two (2) hours Staff time to process and fulfill this request.
Payment will be required before Staff moves
forward in preparing fulfillment of your request.
Thank you.
<image001.png> <http://www.cityofcapecanaveral.org/>
Daniel LeFever
Deputy City Clerk
D.LeFever@cityofcapecanaveral.org
<mailto:D.LeFever@cityofcapecanaveral.org>
321-868-1220 Ext 206 / 321-868-1248 fax
100 Polk Avenue / P.O. Box 326
Cape Canaveral, FL 32920
www.CityofCapeCanaveral.org <http://www.cityofcapecanaveral.org/>
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From: Mia Goforth
Sent: Monday, May 20, 2019 1:35 PM
To: bernierps@me.com <mailto:bernierps@me.com>
Cc: David Dickey
<D.Dickey@cityofcapecanaveral.org
<mailto:D.Dickey@cityofcapecanaveral.org> >; Anthony Garganese
<agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >; Daniel
LeFever <D.LeFever@cityofcapecanaveral.org
<mailto:D.LeFever@cityofcapecanaveral.org> >; Brenda Surprenant
<b.surprenant@cityofcapecanaveral.org
<mailto:b.surprenant@cityofcapecanaveral.org> >; Patrice Huffman
<P.Huffman@cityofcapecanaveral.org
<mailto:P.Huffman@cityofcapecanaveral.org> >
Subject: PRR re Oak Lane received by City
Attorney 5-15-19 - Acknowledgement
Importance: High
Good afternoon Mr. Lennon,
The City acknowledges your request related to
the attached letter for:
1. #1 - “…access to the working documents
and City comments added 4/10/19?” and
2. #2 - “access to the survey sheets 1 and
3…?”
3. #16 - please see the highlighted
response below regarding your attached letter.
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