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HomeMy WebLinkAboutRE Oak Lane (3)Mr. Dickey I am surprised that neither Duree Alexander or Michael German filled you in on the City of Cape Canaveral bulldozing 6 tractor trailer loads of debris onto my property because they are the ones who told me the city did it. It was moved after I complained, but I couldn’t believe the city had done this after I had been talking to Duree about having this same kind of issue with the developer. One of the few times that Duree Alexander from code enforcement came to investigate my complaint of 2 wheelbarrows of paver that were dumped onto my property, she was displeased because I could not prove that the Sheropa development had dumped the pavers (that matched those being used across the road). I thought to myself it would not take the number one CSI team in the country to prove they actually had dumped the pavers, but my response to Duree was I am not trying to prove anything, just trying to get them to stop it. So a few weeks later when Harrack Trucking and clearing loaded a very large machine onto a tractor trailer, I watched him crush the utilities and gouge out the vegetation. I immediately took pictures and showed them to Duree. This time I had proof, so surely things would get better, I thought. Now 6 months later the soil washes down the street every time it rains and the utilities have not been repaired. Mr. Dickey all of these questions have gone unanswered. Sheropa development seems exempt from all rules and this is impacting my own property. I am unclear about the review you are suggesting will happen. I hope you are not expecting that I or any of the neighboring property owners be held financially or otherwise responsible for this mess. Additionally, since this impacts my property—the entire acre opposite these houses—I want to know the outcome and any recourse for appeal BEFORE these homes receive a certificate of occupancy. I raised the issue of the survey in the past when the first two homes were built and the city’s response was, “It’s too late since we’ve already issued certificates of occupancy, but we won’t let this happen with the next two houses.” Of course, the city did nothing to follow up which is why we’re having this problem now. My specific questions are then: Why has the city allowed this developer to go unchecked in causing concerns to neighbors on Oak Lane, and even participated in the issue (dumping truckloads of debris on my property)? Why was the survey not reviewed earlier in the process when the city was told there was a problem? Will I be held financially responsible in any way for the review of the survey (your e-mail was unclear about who those two property owners are who are to bear part of the responsibility)? Will I be informed of the outcome of this survey dispute and have a chance to have input or appeal? Thank you Bernie Lennon 126 Oak Lane Cape Canaveral, FL. From: David Dickey [mailto:D.Dickey@cityofcapecanaveral.org] Sent: Thursday, March 3, 2016 1:13 PM To: Bernie <abc777@cfl.rr.com> Cc: Michael German <M.German@cityofcapecanaveral.org>; Kim Kopp <kkopp@orlandolaw.net>; David Greene <D.Greene@cityofcapecanaveral.org>; Bob Hoog <B.Hoog@cityofcapecanaveral.org> Subject: RE: Oak Lane Good afternoon Bernie. I can assure you that the City has/is not taking any action that will “remap” Oak Lane. As this is a public right-of-way, any closing/reconfiguration would require the passage (by the City Council at a publically-noticed meeting) of a resolution. As you and I have previously discussed, when the City issued a building permit for the construction of a house at 128 Oak Lane, it relied upon a survey from Walker Surveying, a licensed surveyor in the state of Florida, which indicated property lines, setbacks, the location of improvements, etc. Subsequent to this, there were suggestions by adjacent property owners that the submitted survey was incorrect. The City requested documentation in support of this claim. A second survey was completed by Riehl Reliable Surveying and Mapping that showed a conflict. The City asked that the two surveyors get together and determine the nature and scope of the conflict. To date, we have not seen anything in response to this request. In my email to you on February 23rd, I explained the situation and assured you that a Certificate of Occupancy would not be issued until this issue was resolved. To resolve this issue in a timely manner, the City will engage a surveying company which is on our continuing contract list to review the two surveys and determine what, if any, discrepancies exist. The cost to perform this review will be equally shared between the City, the developer and the two property owners. The City Attorney’s Office is drafting an agreement that all of the parties will sign that stipulates their financial participation as well as its commitment to abide by the results of the review. Regarding the debris, the City does not own a bulldozer and its employees have not been involved in any debris removal in the recent past on Oak Lane. I will inquire with the developer to determine if they were involved with this activity. I hope this answers all of your questions. Dave <mailto: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: Bernie [mailto:abc777@cfl.rr.com] Sent: Thursday, March 03, 2016 7:18 AM To: Bob Hoog <B.Hoog@cityofcapecanaveral.org <mailto:B.Hoog@cityofcapecanaveral.org> > Cc: Michael German <M.German@cityofcapecanaveral.org <mailto:M.German@cityofcapecanaveral.org> >; David Greene <D.Greene@cityofcapecanaveral.org <mailto:D.Greene@cityofcapecanaveral.org> >; David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> >; Kim Kopp <kkopp@orlandolaw.net <mailto:kkopp@orlandolaw.net> >; Alicia Spring <asrapp@aol.com <mailto:asrapp@aol.com> > Subject: Oak Lane Mayor Hoog, The City of Cape Canaveral has been remapping Oak Lane with Sheropa LLC. My requests to be included in this remapping have been ignored. Also, the City of Cape Canaveral used a bulldozer to push debris on to my property at 126 Oak Lane. My attempts to find who ordered this and why have been ignored. Could you please help me get to the bottom of this? Thank you Bernie Lennon 126 Oak Lane 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 0_#00000002