HomeMy WebLinkAboutRE Campbell ResponseAs requested
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From: Patrick Campbell [mailto:patrickcampbell@cfl.rr.com]
Sent: Thursday, October 18, 2018 3:45 PM
To: Brian Palmer <B.Palmer@cityofcapecanaveral.org>
Subject: Re: Campbell Response
Can you export it to the spreadsheet format that was provided before?
Sent from my iPhone
On Oct 18, 2018, at 3:15 PM, Brian Palmer <B.Palmer@cityofcapecanaveral.org <mailto:B.Palmer@cityofcapecanaveral.org> > wrote:
Please see attachment
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From: David Dickey
Sent: Thursday, October 18, 2018 7:49 AM
To: Michael German <M.German@cityofcapecanaveral.org <mailto:M.German@cityofcapecanaveral.org> >; Brian Palmer <B.Palmer@cityofcapecanaveral.org <mailto:B.Palmer@cityofcapecanaveral.org>
>
Subject: Fwd: Campbell Response
Hi Mike and Brian - can you print out a spreadsheet showing Code Enforcement cases from 2015 and provide it to Mr. Campbell. See below email chain.
Call me if needed. I would like to get it to him by tomorrow. Thanks!
Sent from my iPhone
Begin forwarded message:
From: Patrick Campbell <patrickcampbell@cfl.rr.com <mailto:patrickcampbell@cfl.rr.com> >
Date: October 18, 2018 at 6:32:46 AM EDT
To: 'David Dickey' <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> >
Subject: FW: Campbell Response
I never got the complete file, spreadsheet with active and inactive cases since 2015. Can you post that in the public access section of the webpage or send to me? I would like to have
it for the Code Enforcement 101 meeting.
”I can provide you with the active/inactive cases from 2015 as this is when the City began tracking code enforcement cases through Springbrook. Cases prior to this time period were
not maintained in a spreadsheet format and would have to be reviewed individually.”
From: David Dickey [mailto:D.Dickey@cityofcapecanaveral.org]
Sent: Friday, September 21, 2018 1:33 PM
To: Patrick Campbell <patrickcampbell@cfl.rr.com <mailto:patrickcampbell@cfl.rr.com> >
Cc: Bob Hoog <B.Hoog@cityofcapecanaveral.org <mailto:B.Hoog@cityofcapecanaveral.org> >; Mike Brown <M.Brown@cityofcapecanaveral.org <mailto:M.Brown@cityofcapecanaveral.org> >; Angela
Raymond <A.Raymond@cityofcapecanaveral.org <mailto:A.Raymond@cityofcapecanaveral.org> >; Rocky Randels <R.Randels@cityofcapecanaveral.org <mailto:R.Randels@cityofcapecanaveral.org>
>; Wes Morrison <W.Morrison@cityofcapecanaveral.org <mailto:W.Morrison@cityofcapecanaveral.org> >; David Greene <D.Greene@cityofcapecanaveral.org <mailto:D.Greene@cityofcapecanaveral.org>
>; Anthony Garganese <agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >; Mia Goforth <M.Goforth@cityofcapecanaveral.org <mailto:M.Goforth@cityofcapecanaveral.org> >; Michael
German <M.German@cityofcapecanaveral.org <mailto:M.German@cityofcapecanaveral.org> >; Joshua Surprenant <J.Surprenant@cityofcapecanaveral.org <mailto:J.Surprenant@cityofcapecanaveral.org>
>; Brian Palmer <B.Palmer@cityofcapecanaveral.org <mailto:B.Palmer@cityofcapecanaveral.org> >
Subject: Campbell Response
Hello Mr. Campbell. In your email of September 15, 2018 (below), which I responded to earlier this week, you state “I just wanted to consolidate all open questions in the interest
of convenience.” I took that at face value and responded to what you indicated were the remaining/open questions.
Before I respond to your specific questions, I want to provide you with some general information about the Florida Public Records Act (Act). The 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 your 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 are intended to request
personal records, these requests are not subject to the Florida Public Records Act because they are unrelated to the transaction of official City business.
Now to your specific questions. Your request to “access” Springbrook cannot be accommodated as such. Understand that this internal software package and database contains the City’s
financial and purchasing information and must be protected. It is not intended for public use and access is limited to authorized City personnel. For this reason, you will need to
define/clarify the public records you are requesting so the City can determine if your request can be satisfied.
Regarding your request for further information on a “Kathy” who is referenced in a hand-written note dated June 27, 2007, no further information was found. Regarding your request for
a spreadsheet that contains all active and inactive code enforcement records from January 1, 1990 to the present, this record does not exist for that timeframe in the requested format.
I can provide you with the active/inactive cases from 2015 as this is when the City began tracking code enforcement cases through Springbrook. Cases prior to this time period were not
maintained in a spreadsheet format and would have to be reviewed individually. Should you want to review the pre-Springbrook files, please let me know and we can arrange a time for
that inspection of public records to occur. Also, please be advised it is the City’s policy that a Staff person will need to be in attendance during your review of these official public
records. You will be responsible for any costs associated with Staff time and/or any copies you request. Your request to review lien information will be handled the same as the code
enforcement files. Lien information only began to be tracked via spreadsheet in 2015.
Lastly, I note that notwithstanding how you may portray the City’s responses to this situation on social media, the City has been attempting to provide timely, thoughtful responses
to your numerous information/record requests, and takes code enforcement matters seriously.
Dave
<image011.png>
David Dickey
Community Development Director
d.dickey@cityofcapecanaveral.org <mailto:d.dickey@cityofcapecanaveral.org>
321-868-1220 Ext 118 321-868-1248 fax
100 Polk Avenue. / P.O. Box 326
Cape Canaveral, FL 32920
www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/>
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From: Patrick Campbell [mailto:patrickcampbell@cfl.rr.com]
Sent: Monday, September 17, 2018 6:00 PM
To: David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> >
Cc: Bob Hoog <B.Hoog@cityofcapecanaveral.org <mailto:B.Hoog@cityofcapecanaveral.org> >; Mike Brown <M.Brown@cityofcapecanaveral.org <mailto:M.Brown@cityofcapecanaveral.org> >; Angela
Raymond <A.Raymond@cityofcapecanaveral.org <mailto:A.Raymond@cityofcapecanaveral.org> >; Rocky Randels <R.Randels@cityofcapecanaveral.org <mailto:R.Randels@cityofcapecanaveral.org>
>; Wes Morrison <W.Morrison@cityofcapecanaveral.org <mailto:W.Morrison@cityofcapecanaveral.org> >; David Greene <D.Greene@cityofcapecanaveral.org <mailto:D.Greene@cityofcapecanaveral.org>
>; Anthony Garganese <agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >; Mia Goforth <M.Goforth@cityofcapecanaveral.org <mailto:M.Goforth@cityofcapecanaveral.org> >; Michael
German <M.German@cityofcapecanaveral.org <mailto:M.German@cityofcapecanaveral.org> >; Joshua Surprenant <J.Surprenant@cityofcapecanaveral.org <mailto:J.Surprenant@cityofcapecanaveral.org>
>; Brian Palmer <B.Palmer@cityofcapecanaveral.org <mailto:B.Palmer@cityofcapecanaveral.org> >
Subject: RE: P. Campbell Response 9-15-18
Thank you for your response, however the email was a reminder of what was contained in my more detailed response. I have attached the complete file sent previously and some items are
not included in this latest response. For instance, I asked for access to Springbrook. The Kathy reference is a hand written note in the attached pdf for 2008-00060. My request for
the spreadsheet was “Please provide the spreadsheet as mentioned in Mr. Dickey’s response to me. I need code enforcement related data beginning Jan 1st 1990 to date” I did not constrain
it to active records. My request is intended to develop a picture of the city’s performance in code enforcement. For the request to see liens levied and liens collected I did not specify
a format. Is it your position that that information does not exist? I have met with the city representatives, multiple times.
From: David Dickey [mailto:D.Dickey@cityofcapecanaveral.org]
Sent: Monday, September 17, 2018 4:13 PM
To: patrickcampbell@cfl.rr.com <mailto:patrickcampbell@cfl.rr.com>
Cc: Bob Hoog <B.Hoog@cityofcapecanaveral.org <mailto:B.Hoog@cityofcapecanaveral.org> >; Mike Brown <M.Brown@cityofcapecanaveral.org <mailto:M.Brown@cityofcapecanaveral.org> >; Angela
Raymond <A.Raymond@cityofcapecanaveral.org <mailto:A.Raymond@cityofcapecanaveral.org> >; Rocky Randels <R.Randels@cityofcapecanaveral.org <mailto:R.Randels@cityofcapecanaveral.org>
>; Wes Morrison <W.Morrison@cityofcapecanaveral.org <mailto:W.Morrison@cityofcapecanaveral.org> >; David Greene <D.Greene@cityofcapecanaveral.org <mailto:D.Greene@cityofcapecanaveral.org>
>; Anthony Garganese <agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >; Mia Goforth <M.Goforth@cityofcapecanaveral.org <mailto:M.Goforth@cityofcapecanaveral.org> >; Michael
German <M.German@cityofcapecanaveral.org <mailto:M.German@cityofcapecanaveral.org> >; Joshua Surprenant <J.Surprenant@cityofcapecanaveral.org <mailto:J.Surprenant@cityofcapecanaveral.org>
>; Brian Palmer <B.Palmer@cityofcapecanaveral.org <mailto:B.Palmer@cityofcapecanaveral.org> >
Subject: P. Campbell Response 9-15-18
Good afternoon Mr. Campbell. In response to your email of September 15, 2018 regarding unanswered questions related to 305 Surf Drive, the following is provided (your questions are
in red font/response shown in black font):
· Please provide a written a transcript of the portion of the audio file CEB 8-20-15.dcr that concerns this property from minute 4 to minute 25 of the recording. Written transcripts
are the responsibility of the requesting party, not the City. As indicated on the Agenda page for all City Board meetings: “Pursuant to Section 286.0105, Florida Statute, the City hereby
advises the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a
record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based.” For your convenience, a link for the software necessary to listen to the audio recording of the meeting is included https://bisdigital.com/support/software/.
Once you download the software, navigate to the appropriate code enforcement folder/meeting in the public Laserfiche portal and double click on the DCR icon. For your convenience, I
have placed a copy of the minutes from that meeting in the “Patrick Campbell/305 Surf - 9/15/18” Public Record Request folder accessible through the City’s on-line public portal.
· Please provide the complete anonymous compliant the city received on 1/26/15. A copy of this document has been placed in the “Patrick Campbell/305 Surf - 9/15/18” Public
Record Request folder accessible through the City’s on-line public portal.
· Please provide all information on Case No. 2017-177. I cannot find any reference to Case No. 2017-177 in the city documents provided to me or in any of my previous submittals.
This is the nuisance abatement case related to the removal of the pool. You have previously requested this information through a Public Records Request dated July 11, 2018 and July
25, 2018. I generally described this case in my email to you on September 6, 2018.
· Please define the “prosecution portion of the case” and provide the documentation supporting the statement. A response to this was provided to you by the City Attorney on
September 15, 2018.
· Please define the “separate extraordinary public nuisance abatement action against the property owner under the Standard Unsafe Building Abatement Code on November 30, 2017”
and provide the documentation supporting the statement. A response to this was provided to you by the City Attorney on September 15, 2018.
· Please provide a reconciliation of liens levied and amounts collected over the past 10 years. My perception, supported by a small review of city records, would indicate that
amounts actually collected are far less that the amounts of the liens. If I am correct it is easy to conclude that liens do not produce the intended deterrent to bad behavior. This
information does not exist in the format you are requesting. Per the Florida Government In the Sunshine Manual, new records are not subject to record requests. For your reference, you
were previously provided a link to this Manual. However, I have included it again for your convenience http://www.myfloridalegal.com/pages.nsf/Main/314BA231F89C0C8A8525791B006A54E2
<http://www.myfloridalegal.com/pages.nsf/Main/314BA231F89C0C8A8525791B006A54E2> . Please refer to page 154, paragraph 12 of the Manual.
· days later “Staff conducted site visit on 10/29/15 and observed violations.” Not sure what the question is….
· Please provide the documentation defining and supporting the city’s assertion that “Staff continues to periodically monitor the status for compliance “ A response to this
was provided to you by the City Attorney on September 15, 2018.
· Please provide the complete anonymous compliant the city received on 10/29/15. A copy has been placed in the “Patrick Campbell/305 Surf - 9/15/18” Public Record Request folder
accessible through the City’s on-line public portal.
· Please provide the Notice of Violation issued to the owner on 11/4/15. A copy of this document has been placed in the “Patrick Campbell/305 Surf - 9/15/18” Public Record
Request folder accessible through the City’s on-line public portal.
· Please provide the revised Notice of Violation sent to the owner on 5/11/16. A copy of this document has been placed in the “Patrick Campbell/305 Surf - 9/15/18” Public Record
Request folder accessible through the City’s on-line public portal.
· Please provide sufficient detail on the identity of the “Kathy” included in the records of Case No. 2008-0006 to allow me to contact her for additional information. Would
you please provide additional detail on what document you are finding a reference to “Kathy?”
· Will the Code Enforcement staff of our city enforce this rule. This is a question related to the enforcement of temporary/election signage. When Code Enforcement Staff becomes
aware of a violation to any portion of the City sign ordinance, they seek compliance from the property owner.
* is this how you track code compliance, complaints and the code enforcement process? (note: you responded there is a spreadsheet, I asked for it but have not received it – it may
or may not answer these questions) A copy of the current spread sheet has been placed in the “Patrick Campbell/305 Surf - 9/15/18” Public Record Request folder accessible through the
City’s on-line public portal. I am assuming that you only want active cases. If that is not the case, please let me know.
* If so how can I get access to see the program or get access to the program? A copy of the most current spread sheet has been placed in the “Patrick Campbell/305 Surf - 9/15/18” Public
Record Request folder accessible through the City’s on-line public portal.
* If not how is code compliance, complaints and the code enforcement process tracked and what metrics or measurement indicators are used? Staff monitors the status of the various code
enforcement cases through the spread sheet.
If at any time you would like to schedule a time to meet, I can make myself available. I have found much more gets accomplished in a face-to-face meeting, then through back and forth
emails. I hope you find this responsive to all of your outstanding questions.
Dave
<image011.png>
David Dickey
Community Development Director
d.dickey@cityofcapecanaveral.org <mailto:d.dickey@cityofcapecanaveral.org>
321-868-1220 Ext 118 321-868-1248 fax
100 Polk Avenue. / P.O. Box 326
Cape Canaveral, FL 32920
www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/>
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From: Patrick Campbell [mailto:patrickcampbell@cfl.rr.com]
Sent: Saturday, September 15, 2018 9:30 AM
To: David Greene <D.Greene@cityofcapecanaveral.org <mailto:D.Greene@cityofcapecanaveral.org> >; Bob Hoog <B.Hoog@cityofcapecanaveral.org <mailto:B.Hoog@cityofcapecanaveral.org> >;
David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> >; Angela Raymond <A.Raymond@cityofcapecanaveral.org <mailto:A.Raymond@cityofcapecanaveral.org>
>; Wes Morrison <W.Morrison@cityofcapecanaveral.org <mailto:W.Morrison@cityofcapecanaveral.org> >; Mike Brown <M.Brown@cityofcapecanaveral.org <mailto:M.Brown@cityofcapecanaveral.org>
>; Rocky Randels <R.Randels@cityofcapecanaveral.org <mailto:R.Randels@cityofcapecanaveral.org> >; Anthony Garganese <agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >
Subject: Campbell, Reminder - Unanswered questions.
This is not being sent as a complaint nor should this be considered that I feel you are not responding fast enough to my questions. I know you are busy. I just wanted to consolidate
all open questions in the interest of convenience.
305 Surf Open Questions
· Please provide a written a transcript of the portion of the audio file CEB 8-20-15.dcr that concerns this property from minute 4 to minute 25 of the recording.
· Please provide the complete anonymous compliant the city received on 1/26/15
· Please provide all information on Case No. 2017-177. I cannot find any reference to Case No. 2017-177 in the city documents provided to me or in any of my previous submittals.
· Please define the “prosecution portion of the case” and provide the documentation supporting the statement.
· Please define the “separate extraordinary public nuisance abatement action against the property owner under the Standard Unsafe Building Abatement Code on November 30, 2017”
and provide the documentation supporting the statement.
· Please provide a reconciliation of liens levied and amounts collected over the past 10 years. My perception, supported by a small review of city records, would indicate that
amounts actually collected are far less that the amounts of the liens. If I am correct it is easy to conclude that liens do not produce the intended deterrent to bad behavior.
· days later “Staff conducted site visit on 10/29/15 and observed violations.”
· Please provide the documentation defining and supporting the city’s assertion that “Staff continues to periodically monitor the status for compliance “
· Please provide the complete anonymous compliant the city received on 10/29/15.
· Please provide the Notice of Violation issued to the owner on 11/4/15.
· Please provide the revised Notice of Violation sent to the owner on 5/11/16.
· Please provide sufficient detail on the identity of the “Kathy” included in the records of Case No. 2008-0006 to allow me to contact her for additional information.
Sign Ordinance Questions
So what I gather from your answer, number 3 and 4, give me the answer. In short temporary election signs are no different than any other temporary sign, they can go up whenever and
must comply with the rest of the code including be taken down when they have completed their purpose.
The code:
b.
One temporary sign is allowed for every 150 linear feet of property frontage, or portion thereof unless additional signage is authorized and required by state or federal law. Individual
tenant spaces shall be permitted one temporary sign for each tenant space or unit, regardless of property frontage.
Would indicate to me, signs cannot exceed 1 per 150 feet. If I am correct much of what I see is in violation.
One of our residents came to me after church Sunday. He told me coming out of his condo and all up and down old A1A he sees signs close together. What is the penalty for disregarding
these regulations?
Will the Code Enforcement staff of our city enforce this rule? If a candidate cannot abide by the ordinances, how can they represent the city within the framework of our government
and all of our ordinances????(same question Angela Raymond had last year)
Code Enforcement Questions
Please provide the spreadsheet as mentioned in Mr. Dickey’s response to me. I need code enforcement related data beginning Jan 1st 1990 to date.
In Springbrook, the module for code and contracts,
· is this how you track code compliance, complaints and the code enforcement process? (note: you responded there is a spreadsheet, I asked for it but have not received it –
it may or may not answer these questions)
· If so how can I get access to see the program or get access to the program?
· If not how is code compliance, complaints and the code enforcement process tracked and what metrics or measurement indicators are used?
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
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
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
<Issue.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
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