HomeMy WebLinkAboutRe Spill-over lighting complaint (6)Working on getting a meter. Called cocoa beach left message. Called
Melbourne left message will keep you updated.
Duree Alexander
Code Enforcement Officer
On Apr 16, 2014, at 7:20 AM, "Gary Stepalavich"
<G.Stepalavich@cityofcapecanaveral.org
<mailto:G.Stepalavich@cityofcapecanaveral.org> > wrote:
Duree,
Could you please work on this. I believe that Brian or you
already checked with Brevard County and was told that their meter was
not calibrated either. So maybe Cocoa Beach has a calibrated meter that
we can use. Shoot me a text when you find out.
Thanks,
Gary
From: Todd Morley
Sent: Tuesday, April 15, 2014 5:52 PM
To: Gary Stepalavich
Subject: RE: Spill-over lighting complaint
Gary,
This one’s going to need a quicker resolution.
Please have Duree get a hold of the City of Cocoa Beach Code
Enforcement Officer (Robin Reiland 302-3296) and see if we can borrow
their light meter. If not, Duree can contact Brevard County Code
Enforcement and borrow theirs (Mark Harold).
Let’s get it measured this Thursday night.
Todd
Todd Morley
Community & Economic Development Director
City of Cape Canaveral
7510 N. Atlantic Ave.
P.O. Box 326 Cape Canaveral, FL 32920
(321) 868-1222 x14 (321) 868-1247 (fax)
t.morley@cityofcapecanaveral.org
<mailto:t.morley@cityofcapecanaveral.org>
www.cityofcapecanaveral.org
<http://www.cityofcapecanaveral.org/>
“If it is to be, it is up to me”
<image004.png>
From: Gary Stepalavich
Sent: Tuesday, April 15, 2014 3:03 PM
To: Todd Morley
Subject: RE: Spill-over lighting complaint
Todd, Thoughts?
Dear Mr. Bedwell,
My name is Gary Stepalavich. I am the new Building Official
for the City of Cape Canaveral . Let me start off with my apologies to
you for the length of time that it has taken so far to resolve your
complaint regarding the alleged spillover lighting that you claim is
affecting your property. This issue was brought to my attention on or
about April 7, 2014. At that time I reviewed your situation with Mr.
Palmer and Mr. Morley. We anticipated performing a new light spillover
test on the night of the next Code Enforcement Board meeting but I
realized that the City’s light test meter had not been recently
calibrated. I decided that it would be incorrect to perform any
additional light spillover testing until the City has calibrated it‘s
light test meter and have postponed our test. We have contacted the
meter manufacturer for instructions as to where to send our meter to for
calibration and are waiting for their response. Once we receive our
calibrated meter back, I will inform you as to that time so that you or
your representative may accompany us during this test.
As to your request to cite Sec. 94-63. Lighting of our
Zoning Code, I will study that further and discuss it with our City
Attorney as to the possibility of utilizing it. Please feel free to
contact me anytime. Again I apologize on the City’s behalf and I look
forward to resolving this compliant as soon as possible.
Sincerely,
Gary Stepalavich, MCP
Building Official
City of Cape Canaveral
7510 N. Atlantic Avenue
Cape Canaveral, FL 32920
Ph. 321-868-1222 ext. 12
g.stepalavich@cityofcapecanaveral.org
<mailto:g.stepalavich@cityofcapecanaveral.org>
From: Todd Morley
Sent: Tuesday, April 15, 2014 12:08 PM
To: Gary Stepalavich
Subject: FW: Spill-over lighting complaint
Gary,
Let’s talk about this.
Thanks,
Todd
Todd Morley
Community & Economic Development Director
City of Cape Canaveral
7510 N. Atlantic Ave.
P.O. Box 326 Cape Canaveral, FL 32920
(321) 868-1222 x14 (321) 868-1247 (fax)
t.morley@cityofcapecanaveral.org
<mailto:t.morley@cityofcapecanaveral.org>
www.cityofcapecanaveral.org
<http://www.cityofcapecanaveral.org/>
“If it is to be, it is up to me”
<image004.png>
From: Bill Bedwell [mailto:bbedwell2@cfl.rr.com]
Sent: Tuesday, April 15, 2014 11:27 AM
To: Brian Palmer
Cc: Todd Morley; David Greene; Kim McIntire; Angela Apperson
Subject: RE: Spill-over lighting complaint
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
<http://capecanaveral.org>
www.cityofcapecanaveral.org
<http://www.cityofcapecanaveral.org/>
<image004.png>
“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
<http://capecanaveral.org>
www.cityofcapecanaveral.org
<http://www.cityofcapecanaveral.org/>
<image004.png>
“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
<http://capecanaveral.org>
www.cityofcapecanaveral.org
<http://www.cityofcapecanaveral.org/>
<image004.png>
“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
<http://capecanaveral.org>
www.cityofcapecanaveral.org
<http://www.cityofcapecanaveral.org/>
<image004.png>
“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
<http://capecanaveral.org>
www.cityofcapecanaveral.org
<http://www.cityofcapecanaveral.org/>
<image004.png>
“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
<http://capecanaveral.org>
www.cityofcapecanaveral.org
<http://www.cityofcapecanaveral.org/>
<image004.png>
“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
<http://capecanaveral.org>
www.cityofcapecanaveral.org
<http://www.cityofcapecanaveral.org/>
<image004.png>
“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
<http://capecanaveral.org>
www.cityofcapecanaveral.org
<http://www.cityofcapecanaveral.org/>
<image004.png>
“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.