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HomeMy WebLinkAboutRE Oak Lane and Variance Request No 2016-02 Public Records Request under Ch 119 (5)Teri, The City will reschedule a BOA meeting. At that meeting, the BOA will be advised to rescind their prior decision and conduct a new hearing. At that point, Mr. Lennon’s appeal will be moot and not necessary. Public notice will be provided shortly. Staff will be contacting Mr. Lennon and the Developer and advising them of this change. The City will briefly explain to Mr. Lennon the basis of this decision and why his appeal is not going forward at this time. Should you be in contact with Mr. Lennon on this matter, the City will appreciate your explaining to him that this rescheduling decision was made by the City at your request. Regards, Anthony From: Terri [mailto:terrilynbowman@yahoo.com] Sent: Monday, October 24, 2016 9:49 AM To: Anthony A. Garganese Cc: d.greene@cityofcapecanaveral.org; m.goforth@cityofcapecanaveral.org; d.lefever@cityofcapecanaveral.org Subject: Re: Oak Lane and Variance Request No. 2016-02; Public Records Request under Ch. 119 Thank you. Sent from my iPhone On Oct 24, 2016, at 9:07 AM, Anthony A. Garganese <agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> > wrote: Terri, I will review your position and request with the City Manager and get back to you. Anthony -----Original Message----- From: terrilynbowman@yahoo.com <mailto:terrilynbowman@yahoo.com> [mailto:terrilynbowman@yahoo.com] Sent: Monday, October 24, 2016 8:52 AM To: Anthony A. Garganese Cc: d.greene@cityofcapecanaveral.org <mailto:d.greene@cityofcapecanaveral.org> ; m.goforth@cityofcapecanaveral.org <mailto:m.goforth@cityofcapecanaveral.org> ; d.lefever@cityofcapecanaveral.org <mailto:d.lefever@cityofcapecanaveral.org> Subject: RE: Oak Lane and Variance Request No. 2016-02; Public Records Request under Ch. 119 Good Morning Anthony, Thank you for taking the time to speak to me on Friday. I also very much appreciate that you cancelled the October 24 hearing with the Special Hearing Officer. I want to correct a statement in your email below, however. While I certainly requested that the Oct. 24 hearing be cancelled, my request regarding a new hearing, as expressly stated in my prior emails, is that the City should reschedule the original hearing before the Board of Adjustment (it should not reschedule the "appeal" with the special hearing officer). The special hearing officer could attend the rescheduled BOA hearing in order to provide the City Council with an independent view. The proper procedure is to vacate the first hearing (Aug. 23) and reschedule a new Board of Adjustment Hearing. As I am sure you are aware, this is what courts require under due process in this instance, given that the Applicant did not provide notice of that August 23 hearing to my LLC, me, or the other owners of the houses he built on Oak Lane (those most directly impacted). Such notice is was required by the City Code Due Process section and Variance Application section (and Constitutional Due Process and State law). While I understand your explanation for a reason for lack of notice, that doesn't cure the due process errors, particularly when Applicant had actual knowledge of my and my neighbors contact information. Rescheduling the BOA meeting would allow me and others who may want to participate to have a full opportunity before the Board of Adjustment, utilizing all the procedures outlined for such a hearing in the Code. As you acknowledged on the phone with me, there are no procedures in the Code for an "appeal" before a special hearing officer. Any "appeal" from the BOA decision would then be heard by the City Council utilizing the quasi-judicial procedures as required by law. Again, this should not result in any delay, because if the City Council has the authority to obtain an independent view from a "hearing officer" before making its decision (after a full quasi-judicial hearing of its own), that hearing officer could attend the same BOA hearing on this matter and review the same evidence he otherwise would have reviewed. Moreover, unless the process is started from the beginning and according to City Code, the objections to the process will likely continue and both the Applicant and the City will likely be required to start over 3 months from now, which would really cause a delay. Thank you for your consideration of this request. Also, thank you for sending me the surveys of 123 and 127 Oak Lane. I will review these documents and look forward to receiving the responses to my remaining Public Records Requests. I would be happy to discuss prioritizing the requests or offer key words for searches if records are kept electronically. Kind Regards, Terri L. Bowman Cypress Shareholders, LLC 202-276-2700 -------------------------------------------- On Fri, 10/21/16, Anthony A. Garganese <agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> > wrote: Subject: RE: Oak Lane and Variance Request No. 2016-02; Public Records Request under Ch. 119 To: "Terri" <terrilynbowman@yahoo.com <mailto:terrilynbowman@yahoo.com> > Cc: "d.greene@cityofcapecanaveral.org <mailto:d.greene@cityofcapecanaveral.org> " <d.greene@cityofcapecanaveral.org <mailto:d.greene@cityofcapecanaveral.org> >, "m.goforth@cityofcapecanaveral.org <mailto:m.goforth@cityofcapecanaveral.org> " <m.goforth@cityofcapecanaveral.org <mailto:m.goforth@cityofcapecanaveral.org> >, "d.lefever@cityofcapecanaveral.org <mailto:d.lefever@cityofcapecanaveral.org> " <d.lefever@cityofcapecanaveral.org <mailto:d.lefever@cityofcapecanaveral.org> > Date: Friday, October 21, 2016, 5:46 PM #yiv6395755436 #yiv6395755436 -- _filtered #yiv6395755436 {font-family:Calibri;panose-1:2 15 5 2 2 2 4 3 2 4;} _filtered #yiv6395755436 {font-family:Tahoma;panose-1:2 11 6 4 3 5 4 4 2 4;} #yiv6395755436 #yiv6395755436 p.yiv6395755436MsoNormal, #yiv6395755436 li.yiv6395755436MsoNormal, #yiv6395755436 div.yiv6395755436MsoNormal {margin:0in;margin-bottom:.0001pt;font-size:12.0pt;} #yiv6395755436 a:link, #yiv6395755436 span.yiv6395755436MsoHyperlink {color:blue;text-decoration:underline;} #yiv6395755436 a:visited, #yiv6395755436 span.yiv6395755436MsoHyperlinkFollowed {color:purple;text-decoration:underline;} #yiv6395755436 p.yiv6395755436MsoAcetate, #yiv6395755436 li.yiv6395755436MsoAcetate, #yiv6395755436 div.yiv6395755436MsoAcetate {margin:0in;margin-bottom:.0001pt;font-size:8.0pt;} #yiv6395755436 span.yiv6395755436BalloonTextChar {} #yiv6395755436 span.yiv6395755436EmailStyle19 {color:#1F497D;} #yiv6395755436 .yiv6395755436MsoChpDefault {font-size:10.0pt;} _filtered #yiv6395755436 {margin:1.0in 1.0in 1.0in 1.0in;} #yiv6395755436 div.yiv6395755436WordSection1 {} #yiv6395755436 Terri, It was nice talking to you this afternoon and I hope I was able to clarify a few points for you. As we discussed, apparently the City received outdated address information from Brevard County that did not include the 5/17/2016 recent purchase of your property. That explains why your LLC did not receive actual mailed notice. It is my understanding from talking to you that you are seeking additional time to prepare for the hearing before the advisory hearing officer. Under the circumstances, the City Manager understands that your property is located adjacent to the subject variance property, although on the opposite side of the subject variance request. As such, he has agreed to your request to postpone the hearing on Monday, October 24, 2016 to afford you the additional time that you seek so that you can determine for yourself whether this variance request may impact your property. Attached is a Notice of Cancellation which is in the process of being distributed by the City. In addition, for your convenience, I have attached the three (3) surveys that we discussed for your consideration. The surveys are numbered in the right hand corner 1 through 3. The first is the original Walker Survey (dated 10-21-15) relied upon by the City to issue the building permit for the construction of the new single family home at 127 Oak Lane. The second survey is the Riehl Reliable Survey (dated 1/15/16) that was subsequently presented to the City by the owner of 123 Oak Lane (Turner) contesting the accuracy of a portion of the Walker Survey. Specifically, Riehl Reliable Survey depicts and calls out a slightly angled common boundary line between 127 Oak Lane and 123 Oak Lane. This survey was apparently presented to Walker Surveying and they apparently concurred with the Riehl Reliable Survey because they withdrew the 10-21-15 survey and resubmitted a revised survey for 127 Oak Lane using the common boundary line surveyed and depicted in the Riehl Reliable Survey. The Third, revised Walker Survey (dated 8-11-16) is the current survey being relied upon by the City. As I understand it, because the eastern boundary of the property located at 127 Oak Lane was redrawn further west on an angle, the house under construction was no longer in compliance with the 8 foot zoning minimum side setback requirement. Therefore, Sheropa LLC decided to seek a 4 foot side setback variance on the east side of the house near the common boundary between 127 Oak Lane and 123 Oak Lane. No other variance is being requested by Sheropa LLC for 127 Oak Lane. As we further discussed, you will note that the two Walker Surveys depict and describe the same western boundary, which is the common boundary with your property. Further, the side setback of the proposed single family house near your common property line appears to be noted as 11.5 feet. In addition, you will note that all three surveys, the two by Walker and the one by Riehl Reliable, depict and describe the same southern right-of-way boundary line for Oak Lane (S 89 38’ 33” E). Lastly, unrelated to the variance request, I mentioned to you that the City is in the process of having preliminary design plans prepared for possibly paving the existing Oak Lane ROW and improving drainage. However, the preliminary plans have not been finalize and formally presented to the City Council for review and consideration at one or more public meetings. At this time, no decision has been made by the City to pursue and construct the Oak Lane project. Although I understand that these preliminary plans are incomplete and a “work-in-progress,” I believe the City has made these preliminary, incomplete plans available for inspection on the City’s website. You can inspect them on the website or at City Hall. Please contact me if you have any questions regarding this matter. Regards, Anthony Anthony A Garganese, EsquireBoard Certified City, County & Local Government LawGarganese, Weiss & D’Agresta, 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: http://cp.mcafee.com/d/avndy0Od1NJ5wsephp78LCXCTTPhOyeojd79JZYQsEzC773rX VEVh7ccECTTPhOMqem6jhOrQzIieM-DwGIjZwxk_j70QTm9-MgGvFzwqrj8cn-XP_nVcQsIf I8LZuVt5V5XDXFTpuuVqWdAklrFIYG7DR8OJMddECQPt-jLuZXTLuVKVIFRoDX12F-Ce1FKv Nz8YJ0xkMHI0kmQDmLbCQXEIL6Mmd96y0cqld40lS7Cy3o86y0cX6mMJVEw1vyPvQCq80pnz h0Dt5MLtc46y0bdA3Vmd40b-RoEkd40bYmr-APh0T13UCy0i9Yq84kjhOrupdF6sPb3f1c5m k 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. From: Terri [mailto:terrilynbowman@yahoo.com] Sent: Friday, October 21, 2016 12:48 PM To: Anthony A. Garganese Cc: d.greene@cityofcapecanaveral.org <mailto:d.greene@cityofcapecanaveral.org> ; m.goforth@cityofcapecanaveral.org <mailto:m.goforth@cityofcapecanaveral.org> ; d.lefever@cityofcapecanaveral.org <mailto:d.lefever@cityofcapecanaveral.org> Subject: Re: Oak Lane and Variance Request No. 2016-02; Public Records Request under Ch. 119 Anthony, Thank you for your below response. I don't follow how this hearing is appropriate under the Code provisions you cite and given the lack of notice to me or, as is now apparent, any of the homeowners on Oak Lane other than the applicant of the August hearing. That is a violation of Constitutional due process, Florida law, your code, and your practice and procedures. In this instance generalized notice is not sufficient. I repeat my objection to the October 24 Hearing and repeat my request for a new hearing on the variance request to be scheduled in accordance with the Code. It is inaccurate and improper for the City to assume that the variance request does not impact my property rights. The issue underlying the variance request seems to involve a dispute regarding property lines. I own an adjacent parcel to the offending parcel -- the issues involved in this hearing are highly relevant to my property rights. I should have been provided the opportunity to participate in the August variance hearing to determine the extent of any issue. This request to re-schedule the original hearing is particularly important because the City has not responded substantively to my Records Requests. I asked for expedited response given the very short notice I received of the "appeal" hearing (having had no notice of the underlying hearing). The failure to respond to my requests has simply perpetuated the problem created by lack of notice. The City should do the right thing here and reschedule this hearing and give proper notice. I have received no direct communication regarding responses to my requests, submitted more than a week ago. I reviewed the website - when it is functioning - and while I see a lot of email correspondence with Mr Lennon and miscellaneous items, I do not see the responses to my requests. If they are posted, please indicate with specificity by file and subtitle where I may find the responses to my specific requests. Also, please indicate to whom I may send my statement and objection for submission into the public record for the October 24 hearing if it proceeds. Thank you. Respectfully, Terri BowmanCypress Shareholders LLC202-276-2700 Sent from my iPhone On Oct 14, 2016, at 6:52 PM, Anthony A. Garganese <agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> > wrote:Ms. Bowman, The undersigned is the City Attorney. It is my understanding that the City Clerk has been in contact with you regarding your public records request and the City will be handling that request in accordance with its records policy. I noticed that several requests in your letter (the first sequence, numbered 1 through 5) are not really a public records but a request for background information that may or may not be contained in a record. As a courtesy to you, I would like to provide that background information to you. 1. The appeal to the City Council regarding the Board of Adjustment's decision on the variance application is provided under Sections 110-27 and 110-33, City Code. 2. The advisory hearing officer was authorized by the City Council at the City Council's September 6, 2016 meeting in accordance with the City Council's general and home rule powers. 3. The hearing officer's name is attorney Drew Smith. 4. The general standard of review and procedures for the hearing are set forth in Chapter 110, Article II, of the City Code. Variances in particular are also governed by Sections 110-36 and 37. Such proceedings are also governed by applicable case law. 5. The hearing for the advisory hearing officer is scheduled for Monday, October 24, 2016 at 4:30 p.m. at the City of Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. The hearing officer will deliver a written recommendation to the City Council for its final decision at its December 20, 2016 regular meeting to be held at 6:00 p.m. in the Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, FL. Have a good weekend. Anthony A Garganese, Esquire Board Certified City, County & Local Government Law Garganese, Weiss & D’Agresta, 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: http://cp.mcafee.com/d/k-Kr6x8q6jqb0UsOyOehvdTdLLCzB4sMCqejrXVEVh7cee6TT PhOyeophdLLCzBwQsIcCzATF7oAtxZf1loDX12F-Ce1FKIjZwxk_j70QSCgoLZTD-LOpEVov ohvWZOWbObTfTjKOYZORQr8EGTjpVkffGhBrwqrjdFCXYDuZXTLuZPtPpjGNfS25jZcs3js_ z6hVq12Fxno0EJFeJundFThpudwIqid40oQGq80HIfd46Mgd40pScJxrPh02_5C_FcQg0OL6 y1eWbxuWo8d40mr87OIq80nZGNgEq80nUITZ9Cy1K27Nd40AjUQg8ECzASYOr3_hE4w4A <http://cp.mcafee.com/d/k-Kr6x8q6jqb0UsOyOehvdTdLLCzB4sMCqejrXVEVh7cee6T TPhOyeophdLLCzBwQsIcCzATF7oAtxZf1loDX12F-Ce1FKIjZwxk_j70QSCgoLZTD-LOpEVo vohvWZOWbObTfTjKOYZORQr8EGTjpVkffGhBrwqrjdFCXYDuZXTLuZPtPpjGNfS25jZcs3js _z6hVq12Fxno0EJFeJundFThpudwIqid40oQGq80HIfd46Mgd40pScJxrPh02_5C_FcQg0OL 6y1eWbxuWo8d40mr87OIq80nZGNgEq80nUITZ9Cy1K27Nd40AjUQg8ECzASYOr3_hE4w4A> 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. -----Original Message----- From: terrilynbowman@yahoo.com <mailto:terrilynbowman@yahoo.com> [mailto:terrilynbowman@yahoo.com] Sent: Thursday, October 13, 2016 7:10 AM To: Anthony A. Garganese; d.greene@cityofcapecanaveral.org <mailto:d.greene@cityofcapecanaveral.org> ; m.goforth@cityofcapecanaveral.org <mailto:m.goforth@cityofcapecanaveral.org> ; d.lefever@cityofcapecanaveral.org <mailto:d.lefever@cityofcapecanaveral.org> Cc: terrilynbowman@yahoo.com <mailto:terrilynbowman@yahoo.com> Subject: Oak Lane and Variance Request No. 2016-02; Public Records Request under Ch. 119 SUBJECT: Oak Lane and Variance Request No. 2016-02; Public Records Request under Ch. 119 Dear Mr. Garganese, Mr. Greene, Ms Goforth, and Mr. lefever: I write in my individual capacity and as the owner of Cypress Shareholders, LLC, which is the owner of 131 Oak Lane, Cape Canaveral FL 32920. Please see the attached letter. I can be reached by phone at 202-276-2700 or by email at terrilynbowman@yahoo.com <mailto:terrilynbowman@yahoo.com> . I would be happy to discuss any of these requests. Thank you, Terri L. Bowman Individually and as Member/Manager of Cypress Shareholders LLC terrilynbowman@yahoo.com <mailto:terrilynbowman@yahoo.com> 202-276-2700 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 stment's decision on the variance application is provided under Sections 110-27 and 110-33, City Code. 2. The advisory hearing officer was authorized by the City Council at the City Council's September 6, 2016 meeting in accordance with the City Council's general and home rule powers. 3. The hearing officer's name is attorney Drew Smith. 4. The general standard of review and procedures for the hearing are set forth in Chapter 110, Article II, of the City Code. Variances in particular are also governed by Sections 110-36 and 37. Such proceedings are also governed by applicable case law. 5. The hearing for the advisory hearing officer is scheduled for Monday, October 24, 2016 at 4:30 p.m. at the City of Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. The hearing officer will deliver a written recommendation to the City Council for its final decision at its December 20, 2016 regular meeting to be held at 6:00 p.m. in the Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, FL. Have a good weekend. Anthony A Garganese, Esquire Board Certified City, County & Local Government Law Garganese, Weiss & D’Agresta, 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: http://cp.mcafee.com/d/k-Kr6x8q6jqb0UsOyOehvdTdLLCzB4sMCqejrXVEVh7cee6TT PhOyeophdLLCzBwQsIcCzATF7oAtxZf1loDX12F-Ce1FKIjZwxk_j70QSCgoLZTD-LOpEVov ohvWZOWbObTfTjKOYZORQr8EGTjpVkffGhBrwqrjdFCXYDuZXTLuZPtPpjGNfS25jZcs3js_ z6hVq12Fxno0EJFeJundFThpudwIqid40oQGq80HIfd46Mgd40pScJxrPh02_5C_FcQg0OL6 y1eWbxuWo8d40mr87OIq80nZGNgEq80nUITZ9Cy1K27Nd40AjUQg8ECzASYOr3_hE4w4A <http://cp.mcafee.com/d/k-Kr6x8q6jqb0UsOyOehvdTdLLCzB4sMCqejrXVEVh7cee6T TPhOyeophdLLCzBwQsIcCzATF7oAtxZf1loDX12F-Ce1FKIjZwxk_j70QSCgoLZTD-LOpEVo vohvWZOWbObTfTjKOYZORQr8EGTjpVkffGhBrwqrjdFCXYDuZXTLuZPtPpjGNfS25jZcs3js _z6hVq12Fxno0EJFeJundFThpudwIqid40oQGq80HIfd46Mgd40pScJxrPh02_5C_FcQg0OL 6y1eWbxuWo8d40mr87OIq80nZGNgEq80nUITZ9Cy1K27Nd40AjUQg8ECzASYOr3_hE4w4A> 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. -----Original Message----- From: terrilynbowman@yahoo.com <mailto:terrilynbowman@yahoo.com> [mailto:terrilynbowman@yahoo.com] Sent: Thursday, October 13, 2016 7:10 AM To: Anthony A. Garganese; d.greene@cityofcapecanaveral.org <mailto:d.greene@cityofcapecanaveral.org> ; m.goforth@cityofcapecanaveral.org <mailto:m.goforth@cityofcapecanaveral.org> ; d.lefever@cityofcapecanaveral.org <mailto:d.lefever@cityofcapecanaveral.org> Cc: terrilynbowman@yahoo.com <mailto:terrilynbowman@yahoo.com> Subject: Oak Lane and Variance Request No. 2016-02; Public Records Request under Ch. 119 SUBJECT: Oak Lane and Variance Request No. 2016-02; Public Records Request under Ch. 119 Dear Mr. Garganese, Mr. Greene, Ms Goforth, and Mr. lefever: I write in my individual capacity and as the owner of Cypress Shareholders, LLC, which is the owner of 131 Oak Lane, Cape Canaveral FL 32920. Please see the attached letter. I can be reached by phone at 202-276-2700 or by email at terrilynbowman@yahoo.com <mailto:terrilynbowman@yahoo.com> . I would be happy to discuss any of these requests. Thank you, Terri L. Bowman Individually and as Member/Manager of Cypress Shareholders LLC terrilynbowman@yahoo.com <mailto:terrilynbowman@yahoo.com> 202-276-2700 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