HomeMy WebLinkAboutSurvey information requested not completeMr. Dickey
Item #4 of my request was to pay close attention to any unusual
requests to deviate from a normal survey. This would include the
previously provided title work referenced in Anthony Garganese’s email
to surveyor John Campbell on September 1, 2018.
Please provide me a copy of the previously provided title work.
Thank you
Bernie Lennon
On Oct 17, 2018, at 9:55 AM, David Dickey
<D.Dickey@cityofcapecanaveral.org
<mailto:D.Dickey@cityofcapecanaveral.org> > wrote:
Bernie - In response to your records request received September
28, 2018, the following is provided:
1. A copy of the survey of Oak Lane that was performed on
September 12, 13 & 14, 2018 - The survey is not complete and has not
been submitted to the City.
2. The name of the person who requested the survey and the
date of the request. - The City Manager executed an engagement letter on
09/04/2018 (attached)
3. The reason for the requested survey. – See the
engagement letter
4. The written, verbal and electronic instructions given to
the surveyors, paying close attention to any unusual requests to deviate
from a normal survey. – See the engagement letter and the attached email
from Anthony Garganese to John Campbell dated 9/1/18
Let me know if you need anything else! Have a good one.
Dave
<image001.png>
David Dickey
Community Development Director
d.dickey@cityofcapecanaveral.org
<mailto:d.dickey@cityofcapecanaveral.org>
321-868-1220 Ext 118 <tel:321-868-1220;118> 321-868-1248
<tel:321-868-1248> fax
100 Polk Avenue. / P.O. Box 326
Cape Canaveral, FL 32920
www.cityofcapecanaveral.org
<http://www.cityofcapecanaveral.org/>
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From: Bernie [mailto:abc777@cfl.rr.com]
Sent: Tuesday, October 16, 2018 9:44 AM
To: Mia Goforth <M.Goforth@cityofcapecanaveral.org
<mailto:M.Goforth@cityofcapecanaveral.org> >
Cc: David Dickey <D.Dickey@cityofcapecanaveral.org
<mailto:D.Dickey@cityofcapecanaveral.org> >; David Greene
<D.Greene@cityofcapecanaveral.org
<mailto:D.Greene@cityofcapecanaveral.org> >; Anthony Garganese
<agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >; Bob
Hoog <B.Hoog@cityofcapecanaveral.org
<mailto:B.Hoog@cityofcapecanaveral.org> >; Joshua Surprenant
<J.Surprenant@cityofcapecanaveral.org
<mailto:J.Surprenant@cityofcapecanaveral.org> >; Brenda Surprenant
<b.surprenant@cityofcapecanaveral.org
<mailto:b.surprenant@cityofcapecanaveral.org> >; Patrice Huffman
<P.Huffman@cityofcapecanaveral.org
<mailto:P.Huffman@cityofcapecanaveral.org> >; Daniel LeFever
<D.LeFever@cityofcapecanaveral.org
<mailto:D.LeFever@cityofcapecanaveral.org> >; Lisa Day
<l.day@cityofcapecanaveral.org <mailto:l.day@cityofcapecanaveral.org> >
Subject: Re: The correct Certified Mail to Mayor Hoog/Brev.
County Comm.
Importance: High
Mia,
The attached letter is not the letter received by Mayor Hoog on
9-28-18.
The letter I am referencing was received by Mayor Hoog on
9/28/18 12:42 PM, Anthony Garganese 9/27/18 11:29 AM, David Dickey
9/28/18 4:25 PM and is as follows.
September 26, 2018
Dear Brevard County Commissioners, Anthony Garganese and David
Dickey.
In response to the letter Mr. Garganese sent to all of us on
September 21 2018.
Mr. Garganese claims this is a simple zoning issue and the
County has no jurisdiction over the City in zoning maters. He ignores my
complaint of abuse of power by the City of Cape Canaveral, which the
County does have jurisdiction over. He then insinuates I have no
standing to challenge Sheropa’s variance because I live across the
street, and that I fabricated stories to lend credence to whatever it is
I am claiming.
Mr. Garganese insinuates “Assuming there was a police
investigation of any kind, neither I nor the City have control over how
the Sheriff’s Office conducts their investigations.” Please refer to
Brevard County Sheriff’s Office ORI number: FL0050000 incident:
2016-00295105 and make your own conclusion whether the City has control
over the Sheriff’s Office. Mr. Garganese is aware I took his suggestion
and directed my questions to the Sheriff’s Office. Officer Johnson told
me her supervisor informed her the Sheriff’s Office does not have the
resources to investigate the City.
Mr. Garganese is aware I was not given proper notice to the
original variance hearing on 8/23/2016, yet he suggests it is my fault I
had to present written testimony at that hearing. He then conspired with
with Mr. Dickey prior to the hearing to prohibit me from appealing the
hearing because of it. So on 8/24/2016, Mr. Dickey denied my request for
appeal. Only after my complaint to the Sheriff’s Office did the City
grant my request. The neighbor at 131 Oak Lane informed Mr. Garganese of
his flawed belief that it is only a courtesy to give notice within a 500
foot radius of a variance hearing. That neighbor also informed him of
the differences in law between a variance hearing and an appeals
hearing. It was then determined the Variance hearing 2016-02 was invalid
because the Board of Adjustments made their decision without hearing the
objections of the neighboring homeowners.
I am sorry, Mr. Garganese, but each time I read your description
of how you changed a vacated hearing into a valid hearing, the logic is
beyond me. It makes me doubt your claim that hearings like this are
conducted throughout the United States of America on a daily basis. Your
letter also makes me question whether you truly understand what a de
novo hearing is. The legal definition of de novo: “beginning again,”
“new trial.” Under this definition, Sheropa would be required to follow
all the rules and apply for a new variance hearing. The reason for this
requirement is now that the neighboring homeowners have been informed of
the variance request and the impact to them, additional information has
surfaced. Mr. Garganese, by calling this a “de novo” “appeals” hearing,
you are placing extreme restrictions on what can be discussed. A true de
novo hearing would not have these restrictions and it would be performed
by the Board of Adjustments, not the City Council.
The reason for this requirement is the applicant is a former
mayor of Cape Canaveral and he has close ties to the current mayor. With
the current mayor in charge of the appeals hearing, it will create an
unfair advantage for the former mayor. Also, the current Mayor Hoog has
made an aggressive, unannounced visit to my home, explaining how his
father built some of the first mobile home parks in Cape Canaveral
without surveys, and therefore surveys aren’t worth a damn.
The then-owner of 131 Oak Lane commissioned a very comprehensive
and expensive survey of the entire Oak Lane properties. Mr Dickey
supplied me with a copy of that survey without a signature or seal. If
the City has misplaced that survey by Geodata Consultants, Inc November
17, 2016, that is signed with a raised seal, then I can supply you with
one upon request. That survey concluded the home in question is in fact
built on the property line between 123 and 127 Oak Lane, not 4 feet.
This needs explaining by the City of Cape Canaveral, why they would
grandfather a vacated variance for 4 foot? The survey also confirms all
4 homes built by housing developer Sheropa LLC on Oak Lane are in
violation of city codes, leaving all owners with legal issues. For
further information about this, see the lawsuit filed by then-homeowner
of 131 Oak Lane with the Eighteenth Judicial Circuit in Brevard County
case number 05-2016-ca-048956-xxxx-xx a 55 page amended complaint, filed
on 01/24/2017.
On September 1, 2018, I asked Mr. Dickey if the City had any
information to dispute the accuracy of this survey. On September 6,
2018, Mr. Dickey confirmed the City did not have information to dispute
the accuracy of this survey. On September 12,13 & 14, 2018, a surveying
crew was on Oak Lane. I was informed by them that they were hired by the
City of Cape Canaveral.
Mr. Dickey, pursuant to article I, section 24 of the Florida
Constitution, and chapter 119,F.S., I am requesting the opportunity to
obtain a copy of the following City of Cape Canaveral records:
1. The survey of Oak Lane that was performed on September
12, 13 & 14, 2018
2. The name of the person who requested the survey and the
date of the request.
3. The reason for the requested survey.
4. The written, verbal and electronic instructions given to
the surveyors, paying close attention to any unusual requests to deviate
from a normal survey.
According to the statue, this request should be acted upon as
soon as possible, but in no event later than 5 business days following
receipt of this letter. If access to the records I request is going to
take longer, please contact me so we can work out a reasonable date. If
you choose to deny this request, then you are required to respond in
writing and state the statutory exception authorizing the withholding of
all or part of the public record and the name and title or position of
the person responsible for the denial.
Please allow me a minimum of 14 days to inspect the records
before scheduling any hearings or making any decisions regarding
violations of the Sheropa housing development on Oak Lane. In the
unlikely event this new survey disagrees with the survey by Geodata
Consultants, performed on 11/17/2016, I will need additional time to
consult with Geodata Consultants.
To the Brevard County Commissioners: I request the Brevard
County Sheriff’s office reopen my complaint against Cape Canaveral
Community Development Director David Dickey. Also, please provide
oversight with regards to the Sheropa housing development. Since this
housing development was not properly planned and managed, the entire
neighborhood has suffered flooding, poor drainage, and even raw sewage
occasionally floating down the road. The City is well aware of these
problems.
Thank you for your assistance on this matter.
Respectfully,
Bernard Lennon
126 Oak Lane
Cape Canaveral, FL. 32920
Email abc777@cfl.rr.com <mailto:abc777@cfl.rr.com>
This request has been mailed certified to:
Mayor “Bob” Hoog
210 Jefferson Ave
Cape Canaveral, FL. 32920 [7018 1130 0001 6999 9493]
Anthony Garganese
111 N. Orange Ave Suite 2000
Orlando, FL. 32801 [7018 1130 0001 6999 9509]
David Dickey
100 Polk Ave
Cape Canaveral, FL. 32920 [7018 1130 0001 6999 9561]
Commissioner Rita Pritchett
2000 South Washington Ave
Titusville, FL. 32780 [7018 1130 0001 6999 9516]
Commissioner Jim Barfield
2575 N. Courtenay Parkway Suite 200
Merritt Island, FL. 32953 [7018 1130 0001 6999 9523]
Commissioner John Tobia
2539 Palm Bay Road N.E. Suite 4
Palm Bay, FL. 32905 [7018 1130 0001 6999 9530]
Commissioner Curt Smith
2725 Judge Fran Jamieson Way Building C Suite 214
Viera, FL. 32940 [7018 1130 0001 6999 9547]
Commissioner Kristine Isnardi
490 Centre Lake Drive Suite 175
Palm Bay, FL. 32907 [7018 1130 0001 6999 9554]
On Oct 15, 2018, at 12:00 PM, Mia Goforth
<M.Goforth@cityofcapecanaveral.org
<mailto:M.Goforth@cityofcapecanaveral.org> > wrote:
Mr. Lennon,
Mayor Hoog received the attached Certified Letter dated
10-11-18 on Saturday, 10-13-18 at his residence. Mayor Hoog hand
delivered the same to the City Clerk’s Office today 10-15-18. The City
acknowledges your request for records contained within your letter;
Staff is now analyzing/locating the records you seek.
You make mention of another letter that you say Mayor
Hoog received on 9-28-18. Can you please confirm if the second
attachment, addressed to Brevard County Commissioners, Anthony Garganese
and Mayor Hoog, dated 9-27-18 and which the City received/date-stamped
10-1-18 is that same letter?
If the request should take longer than five (5) days,
starting today 10-15-18, to complete and/or there should be a fee
charged for the production of these records, the City Clerk’s Office
will let you know ahead of time.
If you have questions, please contact me.
Thank you
Mia
<image001.png> <http://www.cityofcapecanaveral.org/>
Mia Goforth, CMC
City Clerk/Records Custodian
m.goforth@cityofcapecanaveral.org
<mailto:m.goforth@cityofcapecanaveral.org>
321-868-1220 Ext 207 <tel:321-868-1220;207> 321-868-1248
<tel:321-868-1248> fax
100 Polk Avenue /P.O. Box 326
Cape Canaveral, FL 32920
www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/>
Launch your connection… <image002.png>
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<https://www.instagram.com/cityofcapecanaveral/> <image004.png>
<https://www.linkedin.com/company/city-of-cape-canaveral-the%20https:/tw
itter.com/CapeCanaveralFL> <image005.png>
<https://twitter.com/capecanaveralfl>
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
<cocc_certlettertomayorreoaklane_20181510.pdf><cocc_bernie_to_ddickey_20
181001.pdf>
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
<Oak Lane Road Maintenance Road Mapping
09_04_2018.pdf><Anthony.Campbell.email.pdf>
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
nd the name and title or position of
the person responsible for the denial.
Please allow me a minimum of 14 days to inspect the records
before scheduling any hearings or making any decisions regarding
violations of the Sheropa housing development on Oak Lane. In the
unlikely event this new survey disagrees with the survey by Geodata
Consultants, performed on 11/17/2016, I will need additional time to
consult with Geodata Consultants.
To the Brevard County Commissioners: I request the Brevard
County Sheriff’s office reopen my complaint against Cape Canaveral
Community Development Director David Dickey. Also, please provide
oversight with regards to the Sheropa housing development. Since this
housing development was not properly planned and managed, the entire
neighborhood has suffered flooding, poor drainage, and even raw sewage
occasionally floating down the road. The City is well aware of these
problems.
Thank you for your assistance on this matter.
Respectfully,
Bernard Lennon
126 Oak Lane
Cape Canaveral, FL. 32920
Email abc777@cfl.rr.com <mailto:abc777@cfl.rr.com>
This request has been mailed certified to:
Mayor “Bob” Hoog
210 Jefferson Ave
Cape Canaveral, FL. 32920 [7018 1130 0001 6999 9493]
Anthony Garganese
111 N. Orange Ave Suite 2000
Orlando, FL. 32801 [7018 1130 0001 6999 9509]
David Dickey
100 Polk Ave
Cape Canaveral, FL. 32920 [7018 1130 0001 6999 9561]
Commissioner Rita Pritchett
2000 South Washington Ave
Titusville, FL. 32780 [7018 1130 0001 6999 9516]
Commissioner Jim Barfield
2575 N. Courtenay Parkway Suite 200
Merritt Island, FL. 32953 [7018 1130 0001 6999 9523]
Commissioner John Tobia
2539 Palm Bay Road N.E. Suite 4
Palm Bay, FL. 32905 [7018 1130 0001 6999 9530]
Commissioner Curt Smith
2725 Judge Fran Jamieson Way Building C Suite 214
Viera, FL. 32940 [7018 1130 0001 6999 9547]
Commissioner Kristine Isnardi
490 Centre Lake Drive Suite 175
Palm Bay, FL. 32907 [7018 1130 0001 6999 9554]
On Oct 15, 2018, at 12:00 PM, Mia Goforth
<M.Goforth@cityofcapecanaveral.org
<mailto:M.Goforth@cityofcapecanaveral.org> > wrote:
Mr. Lennon,
Mayor Hoog received the attached Certified Letter dated
10-11-18 on Saturday, 10-13-18 at his residence. Mayor Hoog hand
delivered the same to the City Clerk’s Office today 10-15-18. The City
acknowledges your request for records contained within your letter;
Staff is now analyzing/locating the records you seek.
You make mention of another letter that you say Mayor
Hoog received on 9-28-18. Can you please confirm if the second
attachment, addressed to Brevard County Commissioners, Anthony Garganese
and Mayor Hoog, dated 9-27-18 and which the City received/date-stamped
10-1-18 is that same letter?
If the request should take longer than five (5) days,
starting today 10-15-18, to complete and/or there should be a fee
charged for the production of these records, the City Clerk’s Office
will let you know ahead of time.
If you have questions, please contact me.
Thank you
Mia
<image001.png> <http://www.cityofcapecanaveral.org/>
Mia Goforth, CMC
City Clerk/Records Custodian
m.goforth@cityofcapecanaveral.org
<mailto:m.goforth@cityofcapecanaveral.org>
321-868-1220 Ext 207 <tel:321-868-1220;207> 321-868-1248
<tel:321-868-1248> fax
100 Polk Avenue /P.O. Box 326
Cape Canaveral, FL 32920
www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/>
Launch your connection… <image002.png>
<https://www.facebook.com/CityofCapeCanaveral> <image003.png>
<https://www.instagram.com/cityofcapecanaveral/> <image004.png>
<https://www.linkedin.com/company/city-of-cape-canaveral-the%20https:/tw
itter.com/CapeCanaveralFL> <image005.png>
<https://twitter.com/capecanaveralfl>
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
<cocc_certlettertomayorreoaklane_20181510.pdf><cocc_bernie_to_ddickey_20
181001.pdf>
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
<Oak Lane Road Maintenance Road Mapping
09_04_2018.pdf><Anthony.Campbell.email.pdf>
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