HomeMy WebLinkAboutA sad story
1/21/2017
Dear Mr. McMillin,
We met for the first time at the November 15 2016 City Council meeting
when you were sworn in as Mayor Pro Tem of the City of Cape Canaveral.
You introduced yourself and recognized my name as the one having all of
the problems on Oak Lane and suggested you meet with me on Oak Lane
11/17/2016 10AM. I was very happy that after 2.5 years of trying to
resolve the problems, someone from the City of Cape Canaveral was
willing to take the time to investigate the Oak Lane issues. You
listened to several residents of Oak Lane complain about the gigantic
mess created by City Manager David Green and Community Development
Director David Dickey. After about 20 minutes you decided you needed a
place to sit and take notes on your laptop. We went to my house and sat
at the table while you typed for several minutes. Then you asked what
you could do for me as Mayor Pro Tem of the City of Cape Canaveral. I
recapped the complaint I filed with the Cape Canaveral Police Department
about David Dickey falsifying government records in an attempt to
infringe on my property rights and he continues to this day. I suggested
to you that David Dickey should be held responsible for his actions. You
said you will do what you can on this matter and we concluded our
meeting. I then started looking at the agendas for all of the City of
Cape Canaveral meetings so I could attend and participate in the
process. I saw nothing in the agendas so I continued going to every
meeting. Whenever you were present you ignored me and made no mention of
the Oak Lane issues to other board members. I concluded you had no
intention of helping the residents of Oak Lane.
While I was leaving the Port Authority meeting on 1/18/2017 I walked
past you and said hello out of force of habit and continued walking. I
had no intentions of any “ex parte” or sunshine law violations. A good
example of “ex parte” would be the letter sent to “independent hearing
officer Andrew Smith” by David Dickey on October 11, 2016 to taint the
hearing that would affect my property rights. David Dickey sent a copy
of that letter to City Attorney Anthony Garganese on 10/11/2016. It
appears to me that the City Attorney is perverting the sunshine law for
use as a tool to harbor unlawful behavior by David Green and David
Dickey. A quick internet search reveals Green and Dickey worked as a
team at the City of Winter Haven. Both were fired / resigned for a
sordid past that sounds very similar to what they are doing to me. The
following is copied from “The Ledger”:
Dickey also has been involved in other controversies.
He was a lead city official in the deal to sell the Chain of Lakes
Complex to a private developer. That deal is now mired in a threatened
lawsuit after the commission's January termination of the contract.
The development, called The Landings, was planned as a $150 million
mixed-use development that would be built at the Chain of Lakes Complex
and contain new restaurants, retail, hotels and an IMAX theater.
The project's financier, Taylor Pursell, has said he will file a
lawsuit against the city.
At recent commission meeting, multiple Winter Haven residents had
called for Dickey to be fired.
In the 2011 investigation, the State Attorney's Office acted on an
anonymous tip that the city had acted improperly over four building
projects.
The investigation determined that Dickey had not followed city
policies.
State Attorney Jerry Hill said at the time that one "real problem" was
that after mistakes were made, "it would appear some things were done
after the fact to justify what they did."
Dickey was the subject of disciplinary action and a one-day unpaid
suspension in 2009 by then City Manager David Greene for, among other
things, failing to "communicate in an honest and forthright manner;
regularly providing only portions of the story of information that needs
to be known" and repeatedly looking for a "quick fix instead of
considering the ramifications" of his actions.
Mr. McMillin I have been a home / business owner in the City of Cape
Canaveral for more than 30 years. I tell everyone who will listen to me
how I live in paradise. I have never been fired or reprimanded from any
job or ever been convicted and imprisoned for fraud / forgery. Until
recently I have never had to interact with that type of person so I have
no experience as how to interact. I assumed the issues I brought to the
City’s attention would be received with appreciation. Instead the city
attorney has advised to ignore all of my suggestions and not communicate
with me and side with the Sheropa developer on every issue. Now I have
wonderful neighbors who live in unsaleable homes with numerous code
violations, safety issues, flooding issues, environmental issues and are
now mired in legal problems. I also have the same problems as my
neighbors.
I reached out for help from City code enforcement, Building department
officials, City Manager David Green, City Council member Mike Brown,
City Council member Rocky Randels, the City Attorney, Cape Canaveral
Police department, Mayor Bob Hoog. You were my last hope. I woke up his
morning and realized times have changed and I no longer live in
paradise. You “sincerely hope that I am are able to find an amicable
solution and you regret any stress that I am having regarding this” is
of little comfort. You have no idea how stressful it is when your own
government dumps 6 loads of trash in your yard!
To make sure there is no “ex parte” or sunshine violation I will send a
copy of this letter to all City employees, elected officials, and the
residents of Oak Lane.
Bernard Lennon
126 Oak Lane
Cape Canaveral, Florida
abc777@cfl.rr.com <mailto:abc777@cfl.rr.com>
From: Brendan McMillin [mailto:B.McMillin@cityofcapecanaveral.org]
Sent: Thursday, January 19, 2017 3:06 PM
To: Bernie <abc777@cfl.rr.com>
Subject: Good to see you
Dear Mr. Lennon,
Thanks for saying hello last night at the council meeting. After our
conversation in December regarding your issues on Oak Lane and the
conflicting surveys, rights of way and the like, I spoke with he city
attorney and was advised that any discussions outside of the council
room or other public venue may be considered "ex parte”. I believe that
was the legal term. To my understanding, the concern is that this issue
is fairly likely to come before the council and any discussion outside
of a public forum may hamper my ability to fairly give an unbiased
opinion. I want to be a part of the solution but as an elected official
I have certain restrictions. Therefore, I would like to say thank you
for your time to explain your point of view and if you have any other
topics I would be more than happy to discuss them with you.
I sincerely hope that you are able to find an amicable solution and I
regret any stress that you are having regarding this.
Very Respectfully,
Brendan McMillin
Mayor Pro Tem
City of Cape Canaveral
b.mcmillin@cityofcapecanaveral.org
<mailto:b.mcmillin@cityofcapecanaveral.org>
CC: City attorney, City Mgr
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
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