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Home My WebLink AboutBL to BH ltr rec 2-28-17-. . --.......... _ ....... _ -·-~ ...... __ ._ .... , •• ..._,,~ •. · ........ ~ ~-.. 4\f. ·-u:· .... """"'···~ ~..... '•~... h·..... "'~--"'U:.(J--'11'1,,---\,. ' --· {t__,, \,. 136RfJApt? ~IJ#o,J t P-~ <!:1 II f{ l./tAJ e:_ C 11-t>~ C711µ,,Jv e~11~ R, 73;_9,;;io PLACE SflCKER AT TOP OF ENVELOPE TO THE RIGHT OF THE RETURN ADDRESS, FOLD AT ooneo LINE ---------C£'iitiFiEiJ-ilit'Ai!~---------m II 111111111 JI II 1111 1 JI 7014 3490 0001 6131 1030 ~ ~I ~-~ ~ lffill ~ 00 "' c::::J C) ~ ~ -(iiffi I l.5= -'J -\ ~ s · II 11111 U.!J; Pr?~•TAGE Air CAPE c~.A.NAVERAL, FL 329~!0 FEl 2' ·17 MC1°UNT $:3.84 1000 32920 R2304ti107946-07 '• t.-j rl J/t;.~(1 Jli-1-~f> ~~ J-!O ;rctcr e/2.:f>or-J ~L? t:-C i1P£ CJ4f\Jt.l~t~flL-/ FL. '3;Lfd).o ..:i-""="'l'~'r$~1934 coi:JS . ·· ~Hi.Jlhi1111;,11111;. )Jllm•fil1lij111111m 1111i 11, 1111t \ I ~ 'i~ ~ _y, ~ ~'( o~ • I \J ~ , -.._J 2/24/2017 To: Mia Goforth, City of Cape Canaveral City Clerk 105 Polk Ave Cape Canaveral, FL 32920 m .goforth@cityofca peca nave ra l.org (321) 868-1220 Ext 220 On 2/21/2017 you sent me a certified letter stating you are aware of numerous complaints by me regarding the Community Development Director David Dickey. Pursuant to Article I, section 24 of the Florida Constitution, and chapter 119, F.S., I am requesting an opportunity to inspect the public records to include all actions and the current disposition of each my complaints against David Dickey . Should you deny my request, or any part of the request, please state in writing the basis for the denial, including the exact statutory citation authorizing the denial as required bys. 119.07(1) (d), F.S. If this request will take longer than 7 days (3/3/2017) please explain why and the expected date. I will send a copy of this letter to all City employees, elected officials, and the residents of Oak Lane. A copy of this letter and your 2/17 /2017 letter will be sent certified mail to: [7014 3490 0001 61311009] Governor Rick Scott 400 S. Monroe St. Tallahassee, FL. 32399 [7014 3490 000161311016] Virlinda Doss Florida Ethics 325 P.O. 15709 Tallahassee, FL. 32317-5709 [7014 3490 0001 61311023] Tampa FBI 5525 West Gray ST. Tampa, FL 33609 [7014 3490 0001 61311030] Mayor Bob Hoog 210 Jefferson Ave Cape Canaveral, FL. 32920 Thank You Bernard Lennon 126 Oak Lane Cape Canaveral, FL 32920 Abc777@cfl.rr.com ,ennon Bernard Ul, 2017 February .'5 Page 2 of City business do not constitute public records subject to disclosure. Personal records of any City official are not public records subject to disclosure and the City is not in a ~ear~g. ~ position of providing such personal records assuming they even exist at all. Therefore, to the extent that any portion of your Requests, including the request made to Mayor Hoog or any other City official are intended to request personal records, these requests are not subject to the Florida Public Records Act because they are unrelated to the transaction of official City business. Regarding your email to me dated 1-28-2017 received 3:21 p.m.: QUESTION 1. The Chairperson for the August 23, 2016 Board of Adjustment hearing was Douglas Raymond. Can you please have him verify the accuracy of David Dickey's response to question #1 sent to you in an email on 10/19/2016 Subject: RE: Information required for Oct 24 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax : (321) 868-1248 www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org hearing. ANSWER 1. The City previously responded to this question via the Certified Letter dated/mailed 2-1-17 and attached to an email to you dated 2-2-2017. QUESTION 2. Why was this email excluded from the public records request for Oak Lane 2016 and 2017? ANSWER 2. This email was not excluded from the 2017 Public Records online. QUESTION 3. Are there any other communications that were excluded? ANSWER 3. The City has responded/provided a large number of Public Records Requests for a number of individuals , including you, asking for specific items involving specific properties on Oak Lane over the last several months. To the best of our knowledge, the City has provided a complete record based on the scope of all requests. QUESTION 4. The following letter was drafted with the intention to send it to the independent hearing officer. David Dickey states he never sent it. Can you please have Hearing Officer Attorney D. Andrew Smith confirm he did not receive this letter? ANSWER 4. The City previously responded to this question via the Certified Letter dated/mailed 2-1-17 and attached to an email to you dated 2-2-2017. Regarding your email to me dated 1-30-2017 received 11 :06 a.m.: QUESTIONS 1. & 2. In the spring of 2015 Ron Abeles confided in me about former Mayor Patrick Lee's Sheropa housing development being fined $15 ,000 for cutting down a very large specimen tree at 139 Oak Lane without approval. Why was this excluded from the public records request for Oak Lane 2016 and 2017? ANSWERS to 1. & 2. The City has responded/provided a large number of Public Records Requests for a number of individuals, including you, asking for specific items involving specific properties on Oak Lane over the last several months. To the best of our knowledge , the City has provided a complete record based on the scope of all requests. Although this particular request falls outside of the original scope of all previous P RRs received regarding Oak Lane , there are similar records with regard to this particular address regarding a specimen tree. These records have been placed in the Oak Lane 2017 folder online. ' I Bernard Lennon February 21, 2017 Page 5of5 3. Your requirement that I pay for this information suggests I am abusing the system with excessive requests for information. My first request has uncovered evidence of multiple violations of City policy by Community Development Director David Dickey. The request for information you are currently working on will most likely uncover evidence of criminal behavior by David Dickey. RESPONSES TO STATEMENTS - 1. Section 119.07(4)(d), F.S. authorizes the imposition of a special service charge when the nature or volume of public records to be inspected is such as to require extensive use of information technology resources, or extensive clerical or supervisory assistance, or both. Bernard 1 February . Page4 of 2• TI The City does not consider the furnishing of records to be a revenue-generating operation. However, due to the nature or volume of public records and information to be inspected or copied in your Requests, it was necessary to request a deposit from you based on the estimated labor costs that the City would incur to complete your request. You were made aware of this requirement in the Certified Letter you received from the City dated 2-1-2017. The City is under no obligation under the Florida Public Records Law to grant a waiver for these charges. A receipt for the cost of your Requests is forthcoming along with a refund check in the amount of $113.84 will be mailed to you because the time expended by the City to complete your Requests was less than originally estimated. To the extent necessary and allowed by law, the City will continue to require deposits, special service charges, and/or copying charges for other public records requests. 3. The City has responded/provided a large number of Public Records Requests for a number of individuals, including you, asking for specific items involving specific properties on Oak Lane over the last several months. To the best of our knowledge, the City has provided a complete record based on the scope of all requests. STATEMENT 4. I QUESTION 5. 4) In light of all of the information you have supplied to me already I would like to file a complaint against the City of Cape Canaveral Community Development Director David Dickey. 5) Can you please inform me of the correct method to file this complaint against David Dickey? RESPONSE TO STATEMENT 4. I QUESTION 5. You have already expressed concerns regarding Mr. Dickey on numerous occasions and to numerous investigative agencies. We suggest you continue the process through those agencies. Sincerely, /.· ,. ) I \._ ·' .. U;4 ~~;:/ v-tf. I( I ! __ . Mia Goforth City Clerk