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Home My WebLink AboutRE Xtreme Fun light violation for spill-over (5)Absolutely. 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” From: Brian Palmer Sent: Tuesday, March 25, 2014 1:47 PM To: Todd Morley Subject: RE: Xtreme Fun light violation for "spill-over" Sir, If you have time this afternoon, can I talk to you about this? 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: Kim Rezanka [mailto:KRezanka@deanmead.com] Sent: Monday, March 24, 2014 5:24 PM To: Brian Palmer Cc: Todd Morley; 'Mosh ' Subject: RE: Xtreme Fun light violation for "spill-over" Brian, Are you saying that the test conducted by the City on 11/13/13 was done with improper methodology? So the file does not show anything about the modifications that Xtreme Fun, LLC made to the lighting? Please provide your results from 3/17/14 and describe the violation that exists. Do you have any suggestions to cure the problem? My client made modifications based upon Mr. Pereno’s suggestions. I know you are not involved in the signage issue, but my client is attempting to work with the City to resolve the lighting issue. Once we have the information requested, we will contact you to discuss further. Thank you, Kim Rezanka <http://www.deanmead.com/> Kimberly Bonder Rezanka Shareholder KRezanka@deanmead.com <mailto:KRezanka@deanmead.com> Dean Mead 8240 Devereux Drive, Suite 100 Viera, Florida 32940 321-259-8900 . Fax 321-254-4479 www.deanmead.com <http://www.deanmead.com/> Orlando | Fort Pierce | Gainesville | Tallahassee | Viera/Melbourne ________________________________ PRIVILEGED INFORMATION DISCLAIMER: This email is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from disclosure under applicable law. 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From: Brian Palmer [mailto:B.Palmer@cityofcapecanaveral.org] Sent: Monday, March 24, 2014 4:57 PM To: Kim Rezanka Cc: Todd Morley Subject: RE: Xtreme Fun light violation for "spill-over" Ms. Rezanka, On 17 March 14 I conducted a test in North West corner of the property and there was a violation in the spill-over lighting. Since then I was able to locate Mr. Pereno’s file on the spill-over lighting at 8801 Astronaut Blvd. There is only one documented test which was conducted on 1 Nov 13 at 7:30pm. This test shows there were violations in three different places, there is no record of a test being conducted on 29 Jan 14. The test results Mr. Pereno listed appear to be based on improper methodology and accordingly I will conduct another test in the exact locations as the tests Mr. Pereno conducted. The Notice of Violation is not only for the spill-over lighting but is also for the signage which is being handled at the City Attorney’s office. Until all violations on the Notice of Violation are corrected, Mr. Gal will not be found in compliance. If you have any questions 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.” From: Todd Morley Sent: Monday, March 24, 2014 3:22 PM To: Brian Palmer Cc: Kim Rezanka Subject: RE: Xtreme Fun light violation for "spill-over" Brian, Please respond to Kim Rezanka’s questions, below. 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” 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. uring 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:in for your ߴ路p愘ᅿ쯘ᅻ 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