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Home My WebLink AboutRE The correct Certified Mail to Mayor Hoog Brev County Comm (5)Mia, What is the issue here? Has the City responded to the PR request? Campbell surveying is working on a survey of Oak Lane, but the survey is not completed and has not been provided to the City. The CM executed an engagement letter for the survey. Anthony Garganese, Weiss, D'Agresta & Salzman, P.A. Anthony A. Garganese, Shareholder Board Certified in City, County & Local Government Law 111 N. Orange Ave., Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa (866) 425-9566 Website: www.orlandolaw.net <http://www.orlandolaw.net/> Email: sshell@orlandolaw.net <mailto:sshell@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: Mia Goforth <M.Goforth@cityofcapecanaveral.org> Sent: Tuesday, October 16, 2018 10:04 AM To: Bernie <abc777@cfl.rr.com> Cc: David Dickey <D.Dickey@cityofcapecanaveral.org>; David Greene <D.Greene@cityofcapecanaveral.org>; Anthony A. Garganese <agarganese@orlandolaw.net>; Bob Hoog <B.Hoog@cityofcapecanaveral.org>; Joshua Surprenant <J.Surprenant@cityofcapecanaveral.org>; Brenda Surprenant <b.surprenant@cityofcapecanaveral.org>; Patrice Huffman <P.Huffman@cityofcapecanaveral.org>; Daniel LeFever <D.LeFever@cityofcapecanaveral.org>; Lisa Day <l.day@cityofcapecanaveral.org> Subject: [EXTERNAL] RE: The correct Certified Mail to Mayor Hoog/Brev. County Comm. Mr. Lennon, Attached herewith is that letter dated 9-26-18. Thank you for the clarification. Mia <https://url.emailprotection.link/?aPwbxGy3anfGB_evybaTFmF3lTZbpTcYWj_vp QKdWRfQSW09jsIrpRdw1f6t-imgSTFpLhxmR6uL1Te_wunGZvQ~~> Mia Goforth, CMC City Clerk/Records Custodian 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 <https://url.emailprotection.link/?aPwbxGy3anfGB_evybaTFmF3lTZbpTcYWj_vp QKdWRfQSW09jsIrpRdw1f6t-imgSTFpLhxmR6uL1Te_wunGZvQ~~> Launch your connection… <https://url.emailprotection.link/?aAmyAO_nS_C1aDgBLeKyGTnviFKloi9zNXNSK 70lj5Q1VxCSZkrSRfVBToLK5B4gfWIfuR1c-GBIp-YKwW8iISQ~~> <https://url.emailprotection.link/?a4EEeZlvlF9FP23ScQKG9fYHLATjdfQGv2x7F YNjO8SQunoQTAQMpw0ZnqLY9ub93OTRjZTK1hj8zr8H_qQLNLg~~> <https://url.emailprotection.link/?aL3kNHouPzOK6AvEfGcJDRIUSOEcana8ToNcm 3gFzRBD1Ca33lNnUZMiMBSH_82xgCparvmkhky3uGBrk8dr_Dr-M85rgoKBlO-TDYca5k1iV FE14Pd6U6g5nxmkOGL-IBcIdU2TbEl7kEUmk5q3uP_ihYqPXl7ANKbUtk2Tpi5I~> <https://url.emailprotection.link/?a0Q7ct5_6cOdbJ86kpWB0zzDRpznPNSkYePdq mxo9nF5qM-B_1Uql1BLkX8J-O_-5pscpfSIuCKR-Oj5grP1PDA~~> 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> <https://url.emailprotection.link/?aPwbxGy3anfGB_evybaTFmF3lTZbpTcYWj_vp QKdWRfQSW09jsIrpRdw1f6t-imgSTFpLhxmR6uL1Te_wunGZvQ~~> 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 <https://url.emailprotection.link/?aPwbxGy3anfGB_evybaTFmF3lTZbpTcYWj_vp QKdWRfQSW09jsIrpRdw1f6t-imgSTFpLhxmR6uL1Te_wunGZvQ~~> Launch your connection… <image002.png> <https://url.emailprotection.link/?aAmyAO_nS_C1aDgBLeKyGTnviFKloi9zNXNSK 70lj5Q1VxCSZkrSRfVBToLK5B4gfWIfuR1c-GBIp-YKwW8iISQ~~> <image003.png> <https://url.emailprotection.link/?a4EEeZlvlF9FP23ScQKG9fYHLATjdfQGv2x7F YNjO8SQunoQTAQMpw0ZnqLY9ub93OTRjZTK1hj8zr8H_qQLNLg~~> <image004.png> <https://url.emailprotection.link/?aL3kNHouPzOK6AvEfGcJDRIUSOEcana8ToNcm 3gFzRBD1Ca33lNnUZMiMBSH_82xgCparvmkhky3uGBrk8dr_Dr-M85rgoKBlO-TDYca5k1iV FE14Pd6U6g5nxmkOGL-IBcIdU2TbEl7kEUmk5q3uP_ihYqPXl7ANKbUtk2Tpi5I~> <image005.png> <https://url.emailprotection.link/?a0Q7ct5_6cOdbJ86kpWB0zzDRpznPNSkYePdq mxo9nF5qM-B_1Uql1BLkX8J-O_-5pscpfSIuCKR-Oj5grP1PDA~~> 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 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