HomeMy WebLinkAboutOak Lane Cape Canaveral Florida
3/10/2016
Mayor Hoog,
For a year and a half now myself and most of my neighbors have been in
a constant struggle with the City of Cape Canaveral and the Sheropa
development on Oak Lane. So I have spent the last few days researching
what went wrong and this is what I have uncovered.
The owner of Sheropa LLC. Is a former Mayor of Cape Canaveral and you
were his Vice Mayor. During this time the Mayor was convicted of
conspiracy to defraud the U.S. Customs Service and making false
statements and was sentenced to 5 years, 11 months in federal prison.
I have been excluded from backroom deals between Sheropa LLC. and the
City of Cape Canaveral. The backroom deals have come up with some
bizarre results “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.”.
Construction on Oak Lane has accelerated to around the clock 7 days a
week to rush Certificate of occupancy for the last two homes hoping we
would then have no recourse, the same as you did with the first two
homes.
2/14/2016
Mr. German,
I am Bernie Lennon, 126 Oak Lane Cape Canaveral. I talked with Alicia
Spring (120 & 122) Oak Lane yesterday about the Sheropa development at
127, 131, 135, and 139 Oak Lane. Alicia said you informed her about 2
competing surveys for the Sheropa development. You may remember when I
talked to you before construction started on 127 and 131 Oak Lane that
135 and 139 Oak were located in the setbacks and I had told the Cape
Canaveral Building department and the developers about the error before
any construction began. Your response was you could do nothing because
135 and 139 had a certificate of occupancy before you started working at
Cape Canaveral building department but you would make sure 127 and 131
Oak Lane would be located correctly.
The Sheropa development survey is not in competition with any local
survey. Tim, at 123 Oak Lane who paid to resurvey the Sheropa
development, has determined that all local surveys are in agreement
except the Sheropa development. 120, 122, 123, 124, 126 Oak Lane, the
Sea Spray Townhomes and Ocean Gardens are all in agreement.
The Sheropa developer and the City of Cape Canaveral were informed
about the error before any construction began. They decided to start
construction without getting a second independent survey.
Once the construction started, Harrack Trucking and Clearing started
clearing for 135 & 139 Oak Lane. The next day I found 5 car tires on my
property. I threw them back onto the cleared lots expecting to never see
them again. Then about 200 loads of fill dirt arrived. One of the dump
trucks broke down in front of my property and was in various stages of
repairs for over a week, leaving behind broken parts and possible used
oil. The developer then placed a dumpster and porta toilet in front of
my property, and any wind would blow the trash in my yard. I could then
determine what tradesmen were at work by the debris in my yard;
wheelbarrows of sand, broken cement block, large rocks, insulation,
driveway pavers. One Friday evening I noticed a landscaper walk to the
Circle K and came back with an 18 pack of Corona beer. The next morning,
I had to pick up 18 Corona bottles. Harrack Trucking and Clearing
returned for final landscaping so did the 5 car tires. They also ripped
out two 35-foot-tall palm trees by the roots and hid then in my yard
along with two loads of yard debris. It took 2 weeks to get it removed.
At some point I started complaining to the developer about all the work
it was keeping things clean, but I was not met with cooperation. I then
started complaining to Duree Alexander in the code enforcement
department on a regular basis without much success. Harrack Trucking
loaded a bulldozer in front of 123 Oak Lane about 6 months ago and
crushed a cement water meter cover and put large gouges in the yard.
Duree asked me to email her pictures of the damage. After reviewing the
pictures, she assured me it would be fixed. Last week they picked up the
dumpster at 127 Oak Lane and gouged out 15 feet of asphalt 3 inches wide
by 3 inches deep.
All work at Sheropa development should conform to all building codes.
And any of the local neighbors who have spent money or performed work to
rectify the problems should be reimbursed or compensated for any work.
Thank You
Bernie Lennon
2/16/2016
Bernie,
I have contacted the City of Cocoa Water Department today, and they
will send a representative out within the week to inspect the damaged
water meter cover at 123 Oak Lane.
2/18/2016
Mr. German,
Last year when 135 and 139 Oak Lane were in this phase of construction
(installing the doors, windows, insulation, drywall, painting) the door
knobs don’t get installed until last. The doors banging all night make
it difficult to sleep so I suggested to the developers it may be in both
of our interest to put door knobs on because of possible damage to the
buildings. Nothing happened until I informed them 3 weeks later that a
homeless person had moved in. No homeless person this time. The wind
storm 3 weeks ago made 120 & 121 Oak Lane look like hurricane Andrew had
gone through because of fiberglass insulation covering the entire
property. I have to park my car in the back of the house to avoid it
getting paint spray when the painters open the water main shooting water
40 feet into the air to clean their paint rollers. The lowest area in
the city of cape Canaveral is the end of Oak Lane. The 2009 storm left
about 6 inches of standing in that area that’s approximately the level
of one of the homes.
Thank you
Bernie Lennon
2/20/2016
Mr. Greene
I have been trying to contact Michael German at the building
department. When I select the hyperlink
(m.german@cityofcapecanaveral.org
<mailto:m.german@cityofcapecanaveral.org> ) it populates the email with
(J.lombardi@cityofcapecanaveral.org
<mailto:J.lombardi@cityofcapecanaveral.org> ) I have been trying both
without success. Can you please let me know the proper way to contact
Mr. German and forward the following information to him.
Thank You
Bernie Lennon
126 Oak Lane
Cape Canaveral
abc777@cfl.rr.com <mailto:abc777@cfl.rr.com>
2/22/2016
Mr. Lennon,
Please provide me with a contact number and I will be happy to contact
you concerning Oak Lane.
Thanks,
<http://www.cityofcapecanaveral.org/>
2/22/2016
Mr. German
We have been discussing the surveying error for over a year now but
construction continues. Last week FPL placed a marker at the end of my
driveway to place a phone pole that I believe is also located with a
faulty survey. Can you explain how all of the problems will be fixed?
To contact me simply select the “reply all” button at the top of
the page and a copy of your response will go to : Bernie Lennon, Alicia
Spring, David Dickey and David Green.
Thank you
Bernie Lennon abc777@cfl.rr.com <mailto:abc777@cfl.rr.com>
2/23/2016
Mr. German
As I lay awake because of doors slamming I remember when my house was
being built the contractor installed old recycled door knobs from prior
houses he had built to keep the doors from slamming. Is it possible that
could solve this problem?
Thank You
Bernie Lennon
2/25/2016
Hi Bernie. As we have discussed on numerous occasions, the City relied
on a signed/sealed survey from a licensed surveyor to issue the building
permit for the property in question on Oak Lane. When your concern came
to our attention we requested supporting documentation, which was
subsequently provided.
My understanding is that the two surveyors are working through the
discrepancy in the surveys and once they reach consensus will submit
their findings. Please note that a Certificate of Occupancy will not be
issued until this issue is resolved.
I don't want to conjecture what the findings will be or what may occur
thereafter. However, I will reiterate that this more than likely will
be a civil matter between private parties.
<mailto:http://www.cityofcapecanaveral.org/>
2/23/2016
Mr. Lennon,
I will contact the Builder today and request that the doors be properly
secured.
Thank you,
<http://www.cityofcapecanaveral.org/>
2/25/2016
Mr. Dickey
The property owners of 120, 122, 123 and 126 Oak Lane have been
complaining to the code enforcement and the building department about
the Sheropa development since before construction began. It started with
survey markers that were not in the correct location followed by a year
and a half of complaints of unsupervised construction. The complaints
included damage to city property, damage to the environment,
construction debris scattered through the entire area, entire days of
loud yelling and cursing, drunk landscapers, parking in the middle of
the street, disabled excavator dump truck and many more issues. It was
also brought to the attention of the building department early on about
the homes not meeting the minimum elevation requirement. 139 Oak Lane is
most likely not even 2 feet above sea level let alone the crown of the
road.
Most of the complaints were ignored the rest “there is nothing we can
do about it”. Then the retaliation by the city, using bulldozers they
pushed debris onto my property (126 Oak Lane) that was 15 feet tall 60
feet long and 20 feet wide. It took 6 tractor trailers to remove the
debris.
Your suggestion is for private parties to battle in court. This is
permanent damage that cannot be repaired. Construction continues so
future power poles, water meters, driveways, sidewalks and landscaping
will not be located correctly.
The City of Cape Canaveral was founded in 1963 to eliminate this type
of anarchy. We are now left in a situation where nobody can win except
the lawyers.
From: David Dickey [mailto:D.Dickey@cityofcapecanaveral.org
<mailto:D.Dickey@cityofcapecanaveral.org> ]
Sent: Tuesday, February 23, 2016 8:51 AM
To: Bernie <abc777@cfl.rr.com <mailto:abc777@cfl.rr.com> >; Michael
German <M.German@cityofcapecanaveral.org
<mailto:M.German@cityofcapecanaveral.org> >
Cc: 'Alicia Spring' <asrapp@aol.com <mailto:asrapp@aol.com> >; David
Greene <D.Greene@cityofcapecanaveral.org
<mailto:D.Greene@cityofcapecanaveral.org> >; Kim Kopp
<kkopp@orlandolaw.net <mailto:kkopp@orlandolaw.net> >
Subject: Oak Lane Survey
2/26/2016
Mr. Dickey
Can you direct me to the rules being used for this surveying dispute?
Since this dispute involves other property owners and myself, I would
like to know why we have been excluded? Also will this dispute be open
to the public to make sure no back room deals are being made? What are
the time frames? If any of the owners disagree with the results how
could they appeal before Certificate of Occupancy?
Thank you
Bernie Lennon
126 Oak Lane
From: Bernie [mailto:abc777@cfl.rr.com <mailto:abc777@cfl.rr.com> ]
Sent: Thursday, February 25, 2016 9:54 AM
To: 'David Dickey' <D.Dickey@cityofcapecanaveral.org
<mailto:D.Dickey@cityofcapecanaveral.org> >; 'Michael German'
<M.German@cityofcapecanaveral.org
<mailto:M.German@cityofcapecanaveral.org> >
Cc: 'Alicia Spring' <asrapp@aol.com <mailto:asrapp@aol.com> >; 'David
Greene' <D.Greene@cityofcapecanaveral.org
<mailto:D.Greene@cityofcapecanaveral.org> >; 'Kim Kopp'
<kkopp@orlandolaw.net <mailto:kkopp@orlandolaw.net> >
Subject: Anarchy on Oak Lane
3/3/2016
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
3/3/2016
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/>
3/4/2016
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
<mailto:D.Dickey@cityofcapecanaveral.org> ]
Sent: Thursday, March 3, 2016 1:13 PM
To: Bernie <abc777@cfl.rr.com <mailto:abc777@cfl.rr.com> >
Cc: Michael German <M.German@cityofcapecanaveral.org
<mailto:M.German@cityofcapecanaveral.org> >; Kim Kopp
<kkopp@orlandolaw.net <mailto:kkopp@orlandolaw.net> >; David Greene
<D.Greene@cityofcapecanaveral.org
<mailto:D.Greene@cityofcapecanaveral.org> >; Bob Hoog
<B.Hoog@cityofcapecanaveral.org <mailto:B.Hoog@cityofcapecanaveral.org>
>
Subject: RE: 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
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