HomeMy WebLinkAboutFW Spill-over lighting complaintDuree,
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”
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”
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
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.
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