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/>
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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
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