HomeMy WebLinkAboutadd'1 BL to BH ltrs rec March-2017City of Cape Canaveral
VIA CERTIFIED MAJL
February 21. 2017
Bern ard Lennon
~~tl~k km@
Cape Canaveral, FL 32920
RE: Oak Lane and requests for information and records received 1-28-2017, 1-30-2017
and 2-6-2017 via email and via Certified Mail to the City of Cape Canaveral Staff
and Mayor Bob Hoog (collectively referred to as "Requests").
Dear Mr. Lennon:
This letter is in response to the aforementioned Reqt.ests made by you.
First, as I previously advised you, the Florida Public Records Act does not require a custodian of
records to give out information from public records maintained by the City or to answer
questions when requested by a person in person or in writing except to the extent of allowing
personal inspection or copying of public records. Therefore, to the extent that any of the
Requests request that the City give out information from public records or answer questions, the
City is not required to do so. Notwithstanding, the City has attempted to answer many of your
previous questions to the extent possible and practical as a matter of courtesy in the spirit of
providing accurate public information related to your questions.
In addition, whenever the City responds to a records request, the City is only responsible for
allowing the inspection and/or copying of "public records." In order for a record to constitute a
public record, the records must have been created in connection with official City business.
Accordingly, records which are not made or received in connection with the transaction of official
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 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 requ£ sts 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.:
Bernard l
Febru ary :
Page 2 o f
hearing. i . . . .
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 3ox 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 individual s,
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
thi s particular request falls outside of the original scope of all previous P RRs received re g arding
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.
QUESTION 3 . The Sheropa housing development had many large specimen trees that needed
City Council permission to remove before the start of construction. The same as required by 1 10
& 1 12 Ocean Garden Lane at the 1/17/2017 City Council Meeting. Why was this excluded from
the public records request for Oak Lane 2016 and 2017? ANSWER 3. As explained above , thi s
request falls outside of the original scope of all previous PRRs received regarding Oak Lane .
Furthermore, all City Council action is recorded in the public record . You may search within th e
City Council folder online .
Bernard 1
Febru ary QUESTION 4 . Can you please direct me to the minutes of that meeting? ANSWER Page 3 of 4. All City Council and City Advisory Board Meeting minutes are posted online
yo u pleas• within their respective folder .
QUESTION 5. & 6. In October of 2014 former Mayor Patrick Lee confided in me about being
exempted from $80 ,000 impact fees for his Sheropa housing development on Oak Lane. Wh y was
this excluded from the public records request for Oak Lane 2016 and 2017 ? QUESTION 6. Can
you please direct me to all of the documentation involving this $80 ,000 exemption? ANSWERS
to 5. & 6. The City has responded/provided a large number of Public Records Requests for a
number of individuals, including you , asking for specific items invol v ing 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. The City has no public record pertaining to
the $80 ,000 exemption that you assert occurred.
Regarding your email to Mayor Bob Hoog and copied to me dated 1-30-2017 received 3:02
REQUEST 1. Pursuant to Article I, section 24 of the Florida Constitution , and chapter 1 19 ,
F.S ., I am requesting all communications between you and former Mayor of Cape Canaveral
Patrick T. Lee involving the Sheropa housing development. This should include all face to face
meetings , written, email , telephone and third party communications. RESPONSE 1. The City
has no public record pertaining to this request.
REQUEST 2. Also the transfer of anything of value between you , Patrick Lee and Sheropa LLC
since you have been sworn in as Mayor. This should include an y cash, bank transfers , gifts ,
exemption from fees fines or promises of favors to a third party. RESPONS E 2 . The City has no
public record pertaining to this request..
Regarding your email to me dated 1-2-2017, received by me 2-6-2017 at 7:19 a.m.:
ST A TEMENTS .
1. You have required a deposit of Si 50 .00 for the information I have requested . At I I :30am
1/2 /2017 1 went to City Hall and paid a deposit of Sl 50 .00 to get the information requested .
2. I request a waiver of all fees for this request since the disclosure of the information I seek
is not for commercial use. The reason for this request is to help all of the re sidents of Oak Lane
understand and find a solution to what went wrong with the Sheropa Housing Development. The
problems include unsaleable homes with numerous code violations , safety issues , flooding issues ,
environmental issues and are now mired in legal problem s.
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 reque st for information
you are currently working on will most likely uncover evidence of criminal behavior by David
Dickey.
RESPONSES TO STATEMENTS -
1. Section 1l9.07(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 L
February :
P age 4 of
2. TJ-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) Jn 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,
~--·~~z <-
Mia Goforth
City Clerk
3/6/2017
To: Mayor Hoag City of Cape Canaveral, Florida
On 2/14/2016 I made a complaint to Michael German "Building Department Official" about the Sheropa
housing development dumping oil/chemicals onto my property at 126 Oak Lane. Then again to David
Dickey "Community Development Director" on 2/25/2016 . I then informed you on 3/17 /2016 of
Sheropa housing development dumping oil/chemicals onto my property at 126 Oak Lane.
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 act ;ons and the current disposition of Sheropa
housing development dumping oil/chemicals onto my property at 126 Oak Lane.
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 (3/13/2017) 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 "City Clerk" Mia Goforth's 2/21/2017 letter refusing to accept a complaint
against David Dicky will be sent certified mail to:
[7014 3490 0001 61311078] Governor Rick Scott 400 S. Monroe St . Tallahassee, FL. 32399
[7014 3490 0001 61311061] Virlinda Doss Florida Ethics 325 P.O. 15709 Tallahassee, FL. 32317-5709
[7014 3490 0001 61311054] Tampa FBI 5525 West Gray ST . Tampa, FL 33609
[7014 3490 0001 61311047] Mayor Bob Hoag 210 Jefferson Ave Cape Canaveral, FL. 32920
Thank You
Bernard Lennon
126 Oak Lane
Cape Canaveral , FL 32920
Abc777@cfl.rr.c om
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Page 1
3/8/2017
From: Bernard Lennon
To : Mayor Hoag City of Cape Canaveral, Florida
On 8/30/2016 I made a complaint to the City of Cape Canaveral Police Department [2016-00295 105]
About David Dicky committing fraud in an effort to illegally take my property at 126 Oak Lane.
Investigating Officer Ricchuito called Cape Canaveral City Attorney@ 407-425-9566 and was given the
assurance this matter would be addressed within 30-60 days.
On 10/14/2016 From: Bernard Lennon To : Cape Canaveral City Manager David Green
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 that relates to the City of Cape Canaveral dumping debris from
a City drainage canal onto my property. Also , I'm request i ng a report on a!I act ions be i ng taken
regarding the police report [2016-00295105].
Should you deny my request, or any part of the request, please state in writing the basis for the denial,
includ i ng the exact statutory citation authorizing the deni; I as required bys. 119 .07(1) (d), F.S.
A signed copy of this letter has been mailed certified (7015 0640 0004 1075 1991] to : Mayo r Hoag 210
Jefferson Ave. Cape Canaveral 32920.
You ignored both requests.
On 2/1/2017 I sent you a certified letter (7014 3490 0001 6131 0958] requesting to file a complaint
against David Dicky .
You ignored my request.
On 2/20/2017 I made a second request to file a complaint against David Dicky.
On 2/21/2017 you denied my request to file a complaint against David Dicky .
The City Attorney assured Officer Ricchuito that this fraud case against David Dicky would be addressed
with in 60 days . It has now been ove r 6 mont hs wit h no action on this issue .
Mayor Bob Hoag when will you address this issue of fraud by David Dicky?
In response to the following request about Sheropa Housi 1g Development dumping o i l/chemicals onto
my yard you put my complaints on the web site but no actions by you or the disposition of the
complaint.
Mayor Bob Hoag can you please tell me when you will start looking into this complaint of oil/chemicals
dumped onto my yard and when to expect the outcome?
Page 2
3/6/2017
From: Bernard Lennon
To: Mayor Hoag City of Cape Canaveral, Florida
On 2/14/2016 I made a complaint to Michael German "Building Department Official" about the Sheropa
housing development dumping oil/chemicals onto my property at 126 Oak Lane. Then again to David
Dickey "Community Development Director" on 2/25/2016. I then informed you on 3/17 /2016 of
Sheropa housing development dumping oil/chemicals onto my property at 126 Oak Lane .
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 Sheropa
housing development dumping oil/chemicals onto my property at 126 Oak Lane.
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 (3/13/2017) 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 "City Clerk" Mia Goforth's 2/21/2017 letter refusing to accept a complaint
against David Dicky will be sent certified mail to:
[7016 2710 0000 0953 4043] Governor Rick Scott 400 S. Monroe St . Tallahassee, FL. 32399
[7016 2710 0000 0953 4036] Virlinda Doss Florida Ethics 325 P.O. 15709 Tallahassee, Fl. 32317-5709
[7016 2710 0000 0953 4050] Tampa FBI 5525 West Gray ST. Tampa, FL 33609
[7016 2710 0000 0953 4029] Mayor Bob Hoag 210 Jefferson Ave Cape Canaveral, FL. 32920
Thank You
Bernard Lennon
126 Oak Lane
Cape Canaveral, Fl 32920
Abc777@cfl.rr.com
P~RN~~ 4'~1.ro,v (!{~ ortf.( L"1"f.J e;_ C 1-/J€ (! 11-0~ Ue/11}-c_ ,:-~ ;;',)...f_po 111 7016 2710 DODD 0953 4029 f-_o.Relt--q-ff<DoG J-10 j E~r£1'-5oN //U€._ ~ UNITEDST~TES ~c 1000 ~;2s2e>;"~=:~o:, lfrJ ~.~~11~1.111/~'];1°11 tff dJr1 32920 U.~lif?E:TAGE CAPE 1::11.~iAVEF, 329:!0 MAR or~[J17 AMC> NT s::i.a~ R2304H1 079"-A-
3/28/2017
To: City of Cape Canaveral Mayor Bob Hoag,
On 3/12/2017 I requested an appeal to Variance Request No. 17-01 because the applicant did not meet
the requirement of the city code to receive the variance. The Board of Adjustment miss applied the facts
and did not accurately interpret the legal requirements for a variance. There is no legal basis for a
variance in this situation .
I requested a full hearing before the City Council with proper notice of the hearing to all owners wit hin
a 500 foot radius.
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 that relates to the City of Cape Canaveral actions to this
request.
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 .
A signed copy of this letter has been mailed certified (7016 2710 0000 0953 4074] to: Mayor Hoag 2 10
Jefferson Ave . Cape Canaveral 32920 . [7016 2710 0000 0953 4081] to : Virlind ia Doss P.O. Drawer 15709
Tallahassee, FL. 32317 -5709 . [7016 2710 0000 0953 4098] to: Governor Rick Scott 400 S. Monroe St.
Tallahassee, FL. 32399 -0001. [7016 2710 0000 0953 4104] to: Anthony Garganese 111 N. Orange Ave
Suite 2000 Orlando, FL. 32801
Thank You
Bernard Lennon
126 Oak Lane
Cape Canaveral, FL 32920
Abc777@cfl .rr.com
I ~·
UNJrED STll.TES
~II
1000 32920
"·'J;tB• L, CAfrrg~ojAVERAL , FL
MAR 28 17
AMOUNT
$3.84
R2304H 107985-03