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HomeMy WebLinkAboutRE Spill-over lighting complaint (3)Mr. Palmer, I appreciate your prompt responses to my most recent email regarding the Beachwave lights that intrude upon my property. However, I’m growing rather frustrated by the City’s seeming inability or unwillingness to really address the situation. I originally raised this issue in early September, more than 7 months ago (see attached email). In December I was notified that Beachwave was found in violation of Sec. 34-209, Spillover Lighting Standards, and had 15 days to come into compliance. In January I was told that a Beachwave engineer was working on some type of shielding for the lights. In February I was advised that the owner claimed he had fixed the lighting issue, and that the City was going to follow up by re-measuring the spillover. In March I was told that the City’s light measuring device wasn’t working properly, that no shields had been attached, and that the property owner had informed the City that he adjusted the light down to reduce the spillover lighting. On April 1, you stated that you were working with the owner of Beachwave and his lawyer to bring the lighting into compliance. You noted that the City had determined that the original light readings were not accurate, but that a subsequent reading showed Beachwave still in violation. Due to the original reading error, however, the entire test had to be re-done. Details of the above correspondence is provided in the string of emails below. I responded to your April 1 email by asking that the City reconsider Beachwave’s compliance with another city ordinance cited in my original complaint, Sec. 94-63. Lighting. I had previously been told that this section did not apply to the Beachwave situation, but was not provided with any analysis or explanation to support that conclusion. As noted in my response, I believe that this ordinance may actually be more directly pertinent to my problem: the lights appear to be placed in a configuration that illuminates the entire façade of the building, rather than in such a way that would concentrate the light on the wall sign being lit, as required by Sec. 94-63. On April 10, I was advised that Mr. Morley, the City’s Community & Economic Development Director, had essentially rejected application of that section, asserting that “the lights are actually in place to illuminate the area not for signage.” In addition to my growing impatience with the City’s efforts to rectify the Beachwave lighting problem, I am greatly troubled by Mr. Morley’s rather perfunctory dismissal of Sec. 94-63 based on his blank assertion that the lights are in place to illuminate “the area” – not for signage. What is the basis for this conclusion? How did he determine the purpose of the particular lighting in question? And what is his definition of “the area”? Is it the entire side of the building? The parking lot? I would point out in this regard that the Beachwave parking area (and much of the building) is already illuminated by the downward facing lights located on top of the light poles. The flood lights which are affecting our condominium are directed toward the top half of the building and the signs mounted on it. If Sec. 94-63 does not apply to that sort of configuration, it would be hard to imagine when it would apply. A principal function of municipal lighting/signage ordinances is to minimize the adverse impact of commercial lighting on neighboring properties. As presently configured, Beachwave’s floodlights are adversely affecting my property because they illuminate a broad area that extends well beyond the boundaries of its signs and building – all the way into our condo and those of many of our neighbors. I would greatly appreciate a response that specifically addresses the applicability of Sec. 94-63 to this situation, and includes a plan and timeline for resolving this matter. I am copying various City officials in your supervisory chain to ensure that my questions and concerns will be addressed at all appropriate levels. Thanks again for your time and assistance. Sincerely, Bill Bedwell From: Brian Palmer [mailto:B.Palmer@cityofcapecanaveral.org] Sent: Thursday, April 10, 2014 4:28 PM To: Bill Bedwell Subject: RE: Spill-over lighting complaint Mr. Bedwell, I spoke with Mr. Morley about the signage lighting, he stated the lights are actually in place to illuminate the area not for signage. However; myself and the new Building Official will be conducting a new test on April 17th and I will send you our results. Thank you for your patience. V/R Brian Palmer, Code Enforcement Officer City of Cape Canaveral Code Enforcement Department 7510 N. Atlantic Ave. P.O. Box 326 Cape Canaveral, FL 32920 (321) 868-1222 x16 (321) 868-1247 (fax) b.palmer@city <mailto:b.palmer@city> capecanaveral.org www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/> “Some say a hero is born to be brave, but I'm here to tell you a hero is a scared man who dosen't walk away.” From: Bill Bedwell [mailto:bbedwell2@cfl.rr.com] Sent: Tuesday, April 01, 2014 4:11 PM To: Brian Palmer Subject: RE: Spill-over lighting complaint Mr. Palmer, Thanks for getting back to me. Bet you’re a little annoyed about the erroneous original reading. I’ll patiently wait on your new results, etc. However, while you are trying to rectify the earlier error in readings, I’d like to request that you reconsider Beachwave’s compliance (or lack thereof) with another city ordinance raised in my original complaint, which Mr. Pereno suggested did not apply. I believe that this ordinance may actually be more directly pertinent to my problem. As stated in my original complaint (attached), the lights appear to be placed in a configuration that illuminates the entire façade of the building, rather than in such a way that would concentrate the light on the wall sign being lit, as required by signage ordinance Sec. 94-63. Lighting. It is apparent that the floodlights are illuminating a much wider swath than what is necessary to make the wall sign visible, since they are shining brightly into my condo, which is hundreds of yards away on adjacent property. I would think that a fix could be accomplished through the addition of shields on the sides of the lights: the wall signs would be lit without light spilling out to the sides. Let me know what you think. Thanks, Bill From: Brian Palmer [mailto:B.Palmer@cityofcapecanaveral.org] Sent: Tuesday, April 01, 2014 8:31 AM To: Bill Bedwell Subject: RE: Spill-over lighting complaint Mr. Bedwell, I apologize for not responding to you sooner, I am working with the owner of Beachwave and his Lawyer to bring the lighting into compliance. We had an issue with the readings Mr. Pereno took, they were not accurate readings. I took one reading and it showed they were still in violation However; due to Mr. Pereno’s error I have to complete the whole test over. Thank you V/R Brian Palmer, Code Enforcement Officer City of Cape Canaveral Code Enforcement Department 7510 N. Atlantic Ave. P.O. Box 326 Cape Canaveral, FL 32920 (321) 868-1222 x16 (321) 868-1247 (fax) b.palmer@city <mailto:b.palmer@city> capecanaveral.org www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/> “Some say a hero is born to be brave, but I'm here to tell you a hero is a scared man who dosen't walk away.” From: Bill Bedwell [mailto:bbedwell2@cfl.rr.com] Sent: Monday, March 31, 2014 5:32 PM To: Brian Palmer Subject: RE: Spill-over lighting complaint Mr. Palmer, Am I not going to hear from you again? Bill From: Bill Bedwell [mailto:bbedwell2@cfl.rr.com] Sent: Monday, March 24, 2014 3:15 PM To: 'Brian Palmer' Subject: RE: Spill-over lighting complaint Mr. Palmer, Just checking…have you been able to measure the spillover light at Beachwave yet? Bill From: Brian Palmer [mailto:B.Palmer@cityofcapecanaveral.org] Sent: Monday, March 17, 2014 12:24 PM To: Bill Bedwell Subject: RE: Spill-over lighting complaint Sir, No shields have been attached, the property owner informed us he adjusted the light down to reduce the spill over lighting. I observed the light had been moved however have not been able to verify if in fact the spillover has been reduced to acceptable limits. V/R Brian Palmer, Code Enforcement Officer City of Cape Canaveral Code Enforcement Department 7510 N. Atlantic Ave. P.O. Box 326 Cape Canaveral, FL 32920 (321) 868-1222 x16 (321) 868-1247 (fax) b.palmer@city <mailto:b.palmer@city> capecanaveral.org www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/> “Some say a hero is born to be brave, but I'm here to tell you a hero is a scared man who dosen't walk away.” From: Bill Bedwell [mailto:bbedwell2@cfl.rr.com] Sent: Monday, March 17, 2014 11:49 AM To: Brian Palmer Subject: RE: Spill-over lighting complaint Thanks Mr. Palmer. Just a reminder, our problem lights are the ones on the northeast corner of the parking lot. Also, do you know at this point if the shields they said they were installing have actually been installed? As far as we can tell from driving by the property, it does not appear that any changes have been made to the light pole that concerns us. Thanks, Bill From: Brian Palmer [mailto:B.Palmer@cityofcapecanaveral.org] Sent: Monday, March 17, 2014 8:13 AM To: Bill Bedwell Subject: RE: Spill-over lighting complaint Mr. Bedwell, Thank you for your patience and I apologize for not getting back to you sooner, I was in a class all last week and just got back today. On the 20th of Feb. I went to the beachwave and attempted to measure the spill over light however our measuring device wasn’t working properly. I am going to try again tomorrow morning and will let you know of my results. Once again thank you for your patience in this matter. V/R Brian Palmer, Code Enforcement Officer City of Cape Canaveral Code Enforcement Department 7510 N. Atlantic Ave. P.O. Box 326 Cape Canaveral, FL 32920 (321) 868-1222 x16 (321) 868-1247 (fax) b.palmer@city <mailto:b.palmer@city> capecanaveral.org www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/> “Some say a hero is born to be brave, but I'm here to tell you a hero is a scared man who dosen't walk away.” From: Bill Bedwell [mailto:bbedwell2@cfl.rr.com] Sent: Thursday, March 13, 2014 1:44 PM To: Brian Palmer Subject: RE: Spill-over lighting complaint Hello again Mr. Palmer, As mentioned in your email below, you had said that you were re-measuring the light spillage at Beachwave on February 20. We’ve been out of town for the past couple of weeks and wanted to follow up on the results of your re-measuring. I might add that the floodlights are still shining brightly into our condo. Thanks, Bill From: Bill Bedwell [mailto:bbedwell2@cfl.rr.com] Sent: Friday, February 14, 2014 10:32 AM To: 'Brian Palmer' Subject: RE: Spill-over lighting complaint Hello Mr. Palmer, Attached are the photos that you requested. As you can see, whatever “fix” the owner says he made hasn’t given us any relief. Just want to thank you and the city for keeping me informed. Bill From: Brian Palmer [mailto:B.Palmer@cityofcapecanaveral.org] Sent: Wednesday, February 12, 2014 4:32 PM To: Bill Bedwell Subject: RE: Spill-over lighting complaint Mr. Bedwell, I just spoke with Mr. Morley who was actually speaking to the owner of the Beach Wave. The owner stated he had fixed the lighting issue. I would like you to take some more photos of the light from your condo (like the ones you took before) so I can see what he has done if anything. I will also be out there on the 20th after dark to measure the spill over lighting myself to see if he is indeed in compliance. Thank you for your assistance and your patience in this matter. V/R Brian Palmer, Code Enforcement Officer City of Cape Canaveral Code Enforcement Department 7510 N. Atlantic Ave. P.O. Box 326 Cape Canaveral, FL 32920 (321) 868-1222 x16 (321) 868-1247 (fax) b.palmer@city <mailto:b.palmer@city> capecanaveral.org www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/> “Some say a hero is born to be brave, but I'm here to tell you a hero is a scared man who dosen't walk away.” From: Bill Bedwell [mailto:bbedwell2@cfl.rr.com] Sent: Wednesday, February 12, 2014 3:43 PM To: Brian Palmer Subject: RE: Spill-over lighting complaint Mr. Palmer, Thanks and I know that you have more than this to think aboutJ Bill From: Brian Palmer [mailto:B.Palmer@cityofcapecanaveral.org] Sent: Wednesday, February 12, 2014 3:21 PM To: Bill Bedwell Subject: RE: Spill-over lighting complaint Sir, That information was relayed to me from the previous Building Official, Glenn Pereno however Mr. Pereno is no longer with us. I will need to get with Mr. Todd Morley the acting Building Official and try to get some answers for you. Sorry for the delay in getting the problem fixed. V/R Brian Palmer, Code Enforcement Officer City of Cape Canaveral Code Enforcement Department 7510 N. Atlantic Ave. P.O. Box 326 Cape Canaveral, FL 32920 (321) 868-1222 x16 (321) 868-1247 (fax) b.palmer@city <mailto:b.palmer@city> capecanaveral.org www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/> “Some say a hero is born to be brave, but I'm here to tell you a hero is a scared man who dosen't walk away.” From: Bill Bedwell [mailto:bbedwell2@cfl.rr.com] Sent: Wednesday, February 12, 2014 2:59 PM To: Brian Palmer Subject: RE: Spill-over lighting complaint Mr. Palmer, It’s been a month now since you said that an engineer is working on some type of shielding for the lights. Do you know when they plan on installing the shielding? Thanks, Bill From: Brian Palmer [mailto:B.Palmer@cityofcapecanaveral.org] Sent: Wednesday, January 15, 2014 10:11 AM To: Bill Bedwell Subject: RE: Spill-over lighting complaint Sir, The engineer is currently working on some type of shielding for the lights. V/R Brian Palmer, Code Enforcement Officer City of Cape Canaveral Code Enforcement Department 7510 N. Atlantic Ave. P.O. Box 326 Cape Canaveral, FL 32920 (321) 868-1222 x16 (321) 868-1247 (fax) b.palmer@city <mailto:b.palmer@city> capecanaveral.org www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/> “Some say a hero is born to be brave, but I'm here to tell you a hero is a scared man who dosen't walk away.” From: Bill Bedwell [mailto:bbedwell2@cfl.rr.com] Sent: Wednesday, January 15, 2014 10:07 AM To: Brian Palmer Cc: Glenn Pereno Subject: RE: Spill-over lighting complaint I’m following up on the email that I sent last week since I haven’t heard from you. See below. From: Bill Bedwell [mailto:bbedwell2@cfl.rr.com] Sent: Tuesday, January 07, 2014 12:11 PM To: 'Brian Palmer' Cc: 'Glenn Pereno' Subject: RE: Spill-over lighting complaint Gentlemen, I just wanted to follow up on the Notice of Violation the city issued to the owner of Beachwave. Did the owner, in the city’s opinion, bring all violations into compliance? The reason I’m asking is that the floodlights from the Beachwave’s north side of the parking lot are still shining very brightly into my condo and I was hoping that eliminating the light spillage as required by the city’s notice would have brought some relief to my issue with the lights. Thanks, Bill Bill Bedwell 8924 Puerto Del Rio Drive, #504 Cape Canaveral, FL 32920 (321) 783-3909 (h) (404) 502-1415 (c) From: Brian Palmer [mailto:B.Palmer@cityofcapecanaveral.org] Sent: Wednesday, December 18, 2013 4:42 PM To: bbedwell2@cfl.rr.com <mailto:bbedwell2@cfl.rr.com> Cc: Glenn Pereno Subject: Spill-over lighting complaint Sir, In response to your complaint about the lighting at 8801 Astronaut Blvd. The following Notice of Violation (see attachment) was sent to the property owner. The owner has fifteen days from receipt of the Notice of Violation to bring all violations into compliance. If you have any question please contact me. V/R Brian Palmer, Code Enforcement Officer City of Cape Canaveral Code Enforcement Department 7510 N. Atlantic Ave. P.O. Box 326 Cape Canaveral, FL 32920 (321) 868-1222 x16 (321) 868-1247 (fax) b.palmer@city <mailto:b.palmer@city> capecanaveral.org www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/> “Some say a hero is born to be brave, but I'm here to tell you a hero is a scared man who dosen't walk away.” 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.