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Home My WebLink AboutRE Request for clarification (4)Thank you Mia. From: Mia Goforth Sent: Thursday, May 30, 2019 3:10 PM To: Bernie Lennon <bernierps@me.com> Cc: David Dickey <D.Dickey@cityofcapecanaveral.org>; Anthony Garganese <agarganese@orlandolaw.net>; Daniel LeFever <D.LeFever@cityofcapecanaveral.org>; Patrice Huffman <P.Huffman@cityofcapecanaveral.org>; Brenda Surprenant <b.surprenant@cityofcapecanaveral.org> Subject: Request for clarification Mr. Lennon, In response to your email below and on behalf of the Staff of the City’s Community Development Department so that they may assist you: 1. Staff is not aware of “survey sheets 1 and 3” related to the Oak Lane survey project 2. Staff is not aware of any “working documents” 3. Can you provide direction or clarification on where the reference to these documents come from? 4. The attached document is a copy of the letter (unaddressed) from you that City Attorney Garganese forwarded to us on Monday, May 20th. The fee estimate of $52.30 was based upon the fact that a portion of the letter is in regard to what we believed to be a request for public records from you to the City. If you are retracting that request for records from the City, than there will be no fee required. We will await your response. If you have questions, please contact me. Thank you Mia <http://www.cityofcapecanaveral.org/> Mia Goforth, CMC City Clerk/Records Custodian/ ADA Coordinator m.goforth@cityofcapecanaveral.org <mailto:m.goforth@cityofcapecanaveral.org> 321-868-1220 Ext 207 321-868-1248 fax 100 Polk Avenue /P.O. Box 326 Cape Canaveral, FL 32920 www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/> Launch your connection… <https://www.facebook.com/CityofCapeCanaveral> <https://www.instagram.com/cityofcapecanaveral/> <https://www.linkedin.com/company/city-of-cape-canaveral-the%20https:/tw itter.com/CapeCanaveralFL> <https://twitter.com/capecanaveralfl> From: Bernie Lennon [mailto:bernierps@me.com] Sent: Tuesday, May 28, 2019 11:40 AM To: Daniel LeFever <D.LeFever@cityofcapecanaveral.org <mailto:D.LeFever@cityofcapecanaveral.org> > Cc: David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> >; Anthony Garganese <agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >; Brenda Surprenant <b.surprenant@cityofcapecanaveral.org <mailto:b.surprenant@cityofcapecanaveral.org> >; Patrice Huffman <P.Huffman@cityofcapecanaveral.org <mailto:P.Huffman@cityofcapecanaveral.org> >; Mia Goforth <M.Goforth@cityofcapecanaveral.org <mailto:M.Goforth@cityofcapecanaveral.org> >; CouncilMembers <CouncilMembers@cityofcapecanaveral.org <mailto:CouncilMembers@cityofcapecanaveral.org> >; Alicia Spring <asrapp@aol.com <mailto:asrapp@aol.com> >; kwharris2@fbi.gov <mailto:kwharris2@fbi.gov> Subject: Inaccurate survey to assist the Sheropa housing development. 5/28/2019 Mr. LeFever, There seems to be a misunderstanding. I prepared a list of written questions for surveyor John Campbell (not City records) because I was unable to attend in person due to improper notification of the meeting. With the exception of question 17, Mr. Campbell should have had all that information with him at that meeting. I do not understand your $52.30 request for public records.Two weeks have passed and not a single question has been answered. Mr. Dickey was aware some homeowners would not be able to attend the May 15 meeting because of short notice. However he was unwilling to accommodate all homeowner's schedules because it would inconvenience the Sheropa housing developer. Can you please reschedule this meeting so all homeowners can attend? Keep in mind Question #17 is the most important. Thank you. Bernie Lennon 126 Oak Lane 5/15/2019 My name is Bernie Lennon 126 Oak Lane Cape Canaveral, FL. I was given insufficient notice to this May 15, 2019 meeting. So I have prepared a list of questions as follows. All the questions refer to the survey prepared by John Campbell on 2/25/2019 mailed to me by David Dickey on 5/2/2019. Mr. Campbell’s survey is a copy of the survey submitted to the City by Terri Bowman on 11/15/2016 prepared by Geodata Consultants, Inc. Terri Bowman’s survey appears accurate in every way. Terri’s survey also matches the survey I submitted to the city and it matches the Right-of-Way markers installed by the City of Cape Canaveral. However, Campbell’s survey has some differences leading to inaccuracies. 1. Can I have access to the working documents and City comments added 4/10/19? 2. Can I have access to survey sheets 1 and 3 of the above mentioned survey? 3. Why has this expedited survey taken over 8 month to complete? 4. Why does the survey depict Oak Lane as dirt and gravel when the entire length of Oak Lane is approximately 4 to 6 inches thick asphalt? Keep in mind the Sheropa housing development has created drainage problems that have silted parts of the road. 5. Why does the survey depict parcel A.17 as being 11.61 feet further east from what the Deed recorded in ORB 206 PG 577 describes as it is labeled on the Campbell survey? 6. Why does the survey depict parcel A.09 as being 11.61 feet further east from what is described in Deed Book 745 page 459 as labeled on the Campbell survey? 7. Why has the west line of Circle K been moved 11.61 feet east from what is described in Deed Book 762 pg 200? Keep in mind this change will make Circle K in violation of City code and considerably reduce the size of parcel B. 8. Why has the 1 and 1/2 inch iron pipe that has been used to locate the N.W. corner of Oak Lane and most of the parcels surrounding Oak Lane been removed and a 4”X4” concrete monuments with brass disk marked with surveyors number been installed 1.2 feet north of that location? 9. Why have the two 4”X4” concrete monuments indicating the north line of Oak Lane Right-of-Way been moved 1.2 feet north of what is described in Deed ORB 319 page 126 and Deed ORB 364 pg 312 and the unrecorded Deed prepared by Allen Engineering for the City of Cape Canaveral on July 19 1978? 10. Why has the west end width of Oak Lane been marked as 51.2 feet when Deed ORB 319 pg 126, and ORB 364 pg 312, both have it marked as 50 feet? 11. Why does the survey’s Legal Description have 58.55 feet when the Deed ORB 319 page 126 and Deed ORB 364 pg 312, and the unrecorded Deed prepared by Allen Engineering for the City of Cape Canaveral on July 19 1978, both have 62.0 feet? 12. Why does the survey’s Legal Description have 434.95 feet when the unrecorded Deed prepared by Allen Engineering for the City of Cape Canaveral on July 19 1978 has 425.5 feet? 13. Why does the survey’s Legal Description have 67.85 feet when the Deed ORB 5 page 528, and the unrecorded Deed prepared by Allen Engineering for the City of Cape Canaveral on July 19 1978, both have 66.5 feet? 14. Why has the note copied from Terri Bowman’s survey “FOUND 5/8” IRON ROD & CAP LB 7715 SW CORNER PARCEL A.17” have the locating dot missing? 15. Will the buyers of 127 Oak Lane be forced to also hire an attorney when they learn their air conditioning unit is sitting on land owned by Suzanne Turner at 123 Oak Lane? 16. Can I please have a copy of the Campbell Survey that has all of the above corrections? 17) I have made some serious allegations against the City of Cape Canaveral’s mishandling of this Sheropa housing development. In response, the City Council (September 2016) approved the hiring of independent hearing officer (Mr. D Andrew Smith) to conduct an evidentiary hearing in order to prepare a report to establish “findings of fact and conclusions of law.” Is it appropriate for the City to continue assisting the Sheropa developer before this report is complete? Please allow me a minimum of 14 days to inspect the written answers to these questions before issuing a certificate of occupancy to 127 Oak Lane. Thank you Bernie Lennon 126 Oak Lane Cape Canaveral bernierps@me.com <mailto:bernierps@me.com> On May 23, 2019, at 3:22 PM, Daniel LeFever <D.LeFever@cityofcapecanaveral.org <mailto:D.LeFever@cityofcapecanaveral.org> > wrote: Good afternoon Mr. Lennon, Please see the attached Fee Estimate. Staff have analyzed your request and have estimated two (2) hours Staff time to process and fulfill this request. Payment will be required before Staff moves forward in preparing fulfillment of your request. Thank you. <image001.png> <http://www.cityofcapecanaveral.org/> Daniel LeFever Deputy City Clerk D.LeFever@cityofcapecanaveral.org <mailto:D.LeFever@cityofcapecanaveral.org> 321-868-1220 Ext 206 / 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… <image003.png> <https://www.facebook.com/CityofCapeCanaveral> <image004.png> <https://www.instagram.com/cityofcapecanaveral/> <image005.png> <https://www.linkedin.com/company/city-of-cape-canaveral-the%20https:/tw itter.com/CapeCanaveralFL> <image006.png> <https://twitter.com/capecanaveralfl> From: Mia Goforth Sent: Monday, May 20, 2019 1:35 PM To: bernierps@me.com <mailto:bernierps@me.com> Cc: David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> >; Anthony Garganese <agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >; Daniel LeFever <D.LeFever@cityofcapecanaveral.org <mailto:D.LeFever@cityofcapecanaveral.org> >; Brenda Surprenant <b.surprenant@cityofcapecanaveral.org <mailto:b.surprenant@cityofcapecanaveral.org> >; Patrice Huffman <P.Huffman@cityofcapecanaveral.org <mailto:P.Huffman@cityofcapecanaveral.org> > Subject: PRR re Oak Lane received by City Attorney 5-15-19 - Acknowledgement Importance: High Good afternoon Mr. Lennon, The City acknowledges your request related to the attached letter for: 1. #1 - “…access to the working documents and City comments added 4/10/19?” and 2. #2 - “access to the survey sheets 1 and 3…?” 3. #16 - please see the highlighted response below regarding your attached letter. Community Development Staff will review/analyze this request and respond within the next 1-3 working days as to when you may inspect the records requested. If you have questions, please contact me. Thank you <image001.png> <http://www.cityofcapecanaveral.org/> Mia Goforth, CMC City Clerk/Records Custodian/ ADA Coordinator m.goforth@cityofcapecanaveral.org <mailto:m.goforth@cityofcapecanaveral.org> 321-868-1220 Ext 207 321-868-1248 fax 100 Polk Avenue /P.O. Box 326 Cape Canaveral, FL 32920 www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/> Launch your connection… <image003.png> <https://www.facebook.com/CityofCapeCanaveral> <image004.png> <https://www.instagram.com/cityofcapecanaveral/> <image005.png> <https://www.linkedin.com/company/city-of-cape-canaveral-the%20https:/tw itter.com/CapeCanaveralFL> <image006.png> <https://twitter.com/capecanaveralfl> From: Anthony A. Garganese [mailto:agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> ] Sent: Monday, May 20, 2019 12:59 PM To: David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> >; John@campbellsurveying.com <mailto:John@campbellsurveying.com> Cc: Mia Goforth <M.Goforth@cityofcapecanaveral.org <mailto:M.Goforth@cityofcapecanaveral.org> > Subject: FW: [EXTERNAL] Attached Image Importance: High David and John, This document was given to me by Alicia Spring after the community meeting regarding the Oak Lane Survey last Wednesday. Because I was out of town immediately after the meeting, I was not able to send it before today. Please review and we can discuss. Also, I believe Alicia said that she would be providing written comments to the City. Have we received any? Lastly, for Mia, please note that a portion of this letter is asking for public records – Items # 1 and 2. As for Item #16, no such record exists and presumes corrections are required or will be made based on his letter. Regards, Anthony <image007.jpg> Anthony A Garganese | Esquire Board Certified City, County & Local Government Law Garganese, Weiss, D’Agresta, & Salzman, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, Florida 32801 P.O. Box 2873 (32802-2873) Phone (407) 425-9566 Fax (407) 425-9596 Cocoa (866) 425-9566 Website: www.orlandolaw.net <http://www.orlandolaw.net/> Email: agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. 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 <cco_draft_prr_estimate_re_blennon_201905.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 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. 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