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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