HomeMy WebLinkAboutFW Florida Sunshine Law and Open Government In Cape Canaveralfyi
From: Ray Osborne [mailto:rko153@gmail.com]
Sent: Tuesday, October 21, 2014 11:35 AM
To: Angela Apperson
Cc: Rocky Randels; Buzz Petsos; Betty Walsh; John Bond; Bob Hoog; David
Greene; Todd Morley; Mia Goforth
Subject: Re: Florida Sunshine Law and Open Government In Cape Canaveral
Good morning Angela and respected city officials.
I just want to pick up where I left off with my last communication last
night. I am getting ready
to send you email per your request so I think it important that we both
have the same expectations, so there are no misunderstandings.
I think it important that I am only sending you copies of email
pertaining to when I represent myself as a the city historian. Other
email may be when I am a concerned citizen, resident and registered
voter in Cape Canaveral and will not be sent.. Also it should be noted
that unlike you, I am a not a paid staff member but rather I have a
volunteer appointment with the city.
Now I want to follow proper protocol here and understand which email
addresses should I send this email to? Am I to send it to everyone on
this email list? Not that I don't mind as I believe in transparency for
all parties but I want to be respectful of not adding too much
unnecessary email to people's in-boxes.
Also can you address my most immediate requests before the city council
meeting tonight?
I reworded it a little from last night as I realized afterwards my
wording was awkward.
Have they (the developers) complied with the request to have meetings
with the community? Did they respond to David Dickey with my request to
talk to them about giving us permission and time to do an
archaeological survey before they get to the earth removal stage?
See you this evening.
Respectively,
Ray Osborne
"Live from Cape Canaveral"
On Mon, Oct 20, 2014 at 4:26 PM, Ray Osborne <rko153@gmail.com
<mailto:rko153@gmail.com> > wrote:
Thanks for the email, Angela.
I'm happy to comply with your request, but ask when will my requests be
complied with?. This past weekend I visited
the public records folders. Whereas I saw that the folders have been
set up they are not really populated with very much, Actually it is
pretty much the same email, usually from me, that is copied in all the
folders.
I respectively request that you populate it with the most current
communication between the building department
staff and the landowners and developers. Have they (the developers)
complied with the request to have meetings with the community? Did they
respond to David Dickey with my request to talk them, giving us
permission to allow us time to do an archaeological survey before they
get to the earth removal stage? There are still many important questions
that have not been answered.
More email from me will be forthcoming but please see about my
requests.
Plus can you use a more common format like PDF for the doc files and
more descriptive topic headings? I've heard that some concerned citizens
cannot even open these files.
Sincerely,
-RKO
On Fri, Oct 17, 2014 at 11:10 AM, Angela Apperson
<A.Apperson@cityofcapecanaveral.org
<mailto:A.Apperson@cityofcapecanaveral.org> > wrote:
Mr. Osborne,
In an effort to ensure we have not missed any e-mails, we conducted
several searches of our e-mail archives looking for e-mail between Mr.
Dickey, Mr. Baugher, the developer (Zach Middlebrooks) and the
engineering firm, represented by Jeffrey Lucas. New folders which
contain the e-mails retrieved were created in the Public Records Request
section of the Records Portal.
Please let us know if you need anything additional.
Angela M. Apperson, MMC
Administrative Services Director
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/>
Office Phone: 321-868-1220 x 220 <tel:321-868-1220%20x%20220>
Office Fax: 321-868-1248 <tel:321-868-1248>
From: Ray Osborne [mailto:rko153@gmail.com <mailto:rko153@gmail.com> ]
Sent: Thursday, October 16, 2014 9:11 AM
To: David Dickey; Mia Goforth
Cc: Rocky Randels; Buzz Petsos; Betty Walsh; John Bond; Bob Hoog;
Anthony Garganese; Kim Kopp; David Greene; Angela Apperson; Todd Morley;
Lucas, Jeffrey A; gtoenjes@cfl.rr.com <mailto:gtoenjes@cfl.rr.com> ; Bob
Baugher; Ray Osborne; aebrech@aol.com <mailto:aebrech@aol.com> ;
Ari@cumberlandfarms.com <mailto:Ari@cumberlandfarms.com> ; Christopher
T. Byrd, Esq.; Braga, Eric; Suzanne Elliott; basecampoutlet@aol.com
<mailto:basecampoutlet@aol.com> ; chuck; RK Osborne
Subject: Florida Sunshine Law and Open Government In Cape Canaveral
Dear David Dickey et al,
First off I want to thank the other staff members that complied with
the Public Record Request under the Florida Sunshine Laws to have
communication regarding the Cumberland Farms project moved to the public
records folder. -Thank you Todd and City Clerk.
However my search did not find any from you Mr. Dickey. Can I trust
that those will be forthcoming? Perhaps the city clerk can set you up
with a folder so that everyone can see your communication on behalf of
our city and community.
But let's move ahead and get something accomplished. The recent email
exchange yesterday brought us back full circle. Remember I communicated
this situation in my talk to city council at the last city meeting and
even communicated to you in email and in person weeks ago? Yesterday's
email exchange using open email address ( that you started again, see
footnote) resulted in nothing being accomplished since we first talked
and may have even damaged the goodwill that many of us have been working
on.
For the time being while we are waiting for you to get your records
into the public records section, let's cover two important emails from
the public records folder.
1) The first being Mr. Baugher's email dated, Thu 9/18/2014 1:19 email
titled, "FW Archaeological Survey Re Jim Swann " which was a older email
from me to him.
2) The second is mine, not just a rebuttal but more as a remedy,
Ray Osborne's email Fri, Oct 3, 2014 at 8:41 AM Public Records
(request) include Landowner and City communications" Which addressed
Mr. Baugher concerns and how we could fix it.
Can I presume since Mr. Baugher's earlier 'Information Request' that he
received those? Perhaps since my email was addressed to you as per our
'one on one meeting' that you could point out to him this compromise
might have merit for all concerned. And if that failed, as we had
discussed (Plan B) you would present it to the Cumberland Farms
representatives for a 'meeting of the minds' with them.
Finally, I am trying to work in an atmosphere of Open Government and
Hometown Democracy while keeping you not only in the loop but as a
mediator as you have said many times - that you represent our community
too.
Please let me know by return email if you will discuss my email with
these parties. I still favor a Town Hall forum idea where we really can
let the sunshine in and show how open government works in the City of
Cape Canaveral.
Foot note: I have doubts that this use of open email addressing between
parties is within the Florida Sunshine Laws.It seems to just stir bad
feelings among parties (See section 286.011)
I am seeking legal opinions on this.
-RKO
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
to them about giving us permission and time to do an
archaeological survey before they get to the earth removal stage?
See you this evening.
Respectively,
Ray Osborne
"Live from Cape Canaveral"
On Mon, Oct 20, 2014 at 4:26 PM, Ray Osborne <rko153@gmail.com
<mailto:rko153@gmail.com> > wrote:
Thanks for the email, Angela.
I'm happy to comply with your request, but ask when will my requests be
complied with?. This past weekend I visited
the public records folders. Whereas I saw that the folders have been
set up they are not really populated with very much, Actually it is
pretty much the same email, usually from me, that is copied in all the
folders.
I respectively request that you populate it with the most current
communication between the building department
staff and the landowners and developers. Have they (the developers)
complied with the request to have meetings with the community? Did they
respond to David Dickey with my request to talk them, giving us
permission to allow us time to do an archaeological survey before they
get to the earth removal stage? There are still many important questions
that have not been answered.
More email from me will be forthcoming but please see about my
requests.
Plus can you use a more common format like PDF for the doc files and
more descriptive topic headings? I've heard that some concerned citizens
cannot even open these files.
Sincerely,
-RKO
On Fri, Oct 17, 2014 at 11:10 AM, Angela Apperson
<A.Apperson@cityofcapecanaveral.org
<mailto:A.Apperson@cityofcapecanaveral.org> > wrote:
Mr. Osborne,
In an effort to ensure we have not missed any e-mails, we conducted
several searches of our e-mail archives looking for e-mail between Mr.
Dickey, Mr. Baugher, the developer (Zach Middlebrooks) and the
engineering firm, represented by Jeffrey Lucas. New folders which
contain the e-mails retrieved were created in the Public Records Request
section of the Records Portal.
Please let us know if you need anything additional.
Angela M. Apperson, MMC
Administrative Services Director
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/>
Office Phone: 321-868-1220 x 220 <tel:321-868-1220%20x%20220>
Office Fax: 321-868-1248 <tel:321-868-1248>
From: Ray Osborne [mailto:rko153@gmail.com <mailto:rko153@gmail.com> ]
Sent: Thursday, October 16, 2014 9:11 AM
To: David Dickey; Mia Goforth
Cc: Rocky Randels; Buzz Petsos; Betty Walsh; John Bond; Bob Hoog;
Anthony Garganese; Kim Kopp; David Greene; Angela Apperson; Todd Morley;
Lucas, Jeffrey A; gtoenjes@cfl.rr.com <mailto:gtoenjes@cfl.rr.com> ; Bob
Baugher; Ray Osborne; aebrech@aol.com <mailto:aebrech@aol.com> ;
Ari@cumberlandfarms.com <mailto:Ari@cumberlandfarms.com> ; Christopher
T. Byrd, Esq.; Braga, Eric; Suzanne Elliott; basecampoutlet@aol.com
<mailto:basecampoutlet@aol.com> ; chuck; RK Osborne
Subject: Florida Sunshine Law and Open Government In Cape Canaveral
Dear David Dickey et al,
First off I want to thank the other staff members that complied with
the Public Record Request under the Florida Sunshine Laws to have
communication regarding the Cumberland Farms project moved to the public
records folder. -Thank you Todd and City Clerk.
However my search did not find any from you Mr. Dickey. Can I trust
that those will be forthcoming? Perhaps the city clerk can set you up
with a folder so that everyone can see your communication on behalf of
our city and community.
But let's move ahead and get something accomplished. The recent email
exchange yesterday brought us back full circle. Remember I communicated
this situation in my talk to city council at the last city meeting and
even communicated to you in email and in person weeks ago? Yesterday's
email exchange using open email address ( that you started again, see
footnote) resulted in nothing being accomplished since we first talked
and may have even damaged the goodwill that many of us have been working
on.
For the time being while we are waiting for you to get your records
into the public records section, let's cover two important emails from
the public records folder.
1) The first being Mr. Baugher's email dated, Thu 9/18/2014 1:19 email
titled, "FW Archaeological Survey Re Jim Swann " which was a older email
from me to him.
2) The second is mine, not just a rebuttal but more as a remedy,
Ray Osborne's email Fri, Oct 3, 2014 at 8:41 AM Public Records
(request) include Landowner and City communications" Which addressed
Mr. Baugher concerns and how we could fix it.
Can I presume since Mr. Baugher's earlier 'Information Request' that he
received those? Perhaps since my email was addressed to you as per our
'one on one meeting' that you could point out to him this compromise
might have merit for all concerned. And if that failed, as we had
discussed (Plan B) you would present it to the Cumberland Farms
representatives for a 'meeting of the minds' with them.
Finally, I am trying to work in an atmosphere of Open Government and
Hometown Democracy while keeping you not only in the loop but as a
mediator as you have said many times - that you represent our community
too.
Please let me know by return email if you will discuss my email with
these parties. I still favor a Town Hall forum idea where we really can
let the sunshine in and show how open government works in the City of
Cape Canaveral.
Foot note: I have doubts that this use of open email addressing between
parties is within the Florida Sunshine Laws.It seems to just stir bad
feelings among parties (See section 286.011)
I am seeking legal opinions on this.
-RKO
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