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Home My WebLink AboutRE Xtreme Fun light violation for spill-over (13)Ms. Rezanka, Please see below “Can you explain what you mean by “the tests were gathered using improper calculations”?” Our light meter, “Extech Instruments, Model 407026 Heavy Duty Light Meter”, measures in LUX and Foot-Candles only. The operator can use the LUX setting to calculate the amount of luminance however; because of the ordinance referencing Foot-Candles, once the operator receives the LUX reading the operator must then convert that to Foot-Candles. To convert Lux to Foot-Candles you would take the LUX reading and divide by 10.76, this will give you the foot-Candles. Mr. Pereno divided the LUX reading he acquired by 160 (the square footage) which gave him an inaccurate result. 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 31, 2014 9:40 AM To: Brian Palmer Subject: RE: Xtreme Fun light violation for "spill-over" Brian, Can you explain what you mean by “the tests were gathered using improper calculations”? 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. If the reader of this email is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please delete this email, destroy any hard copies thereof, and notify us immediately by telephone. Thank you. ________________________________ REGULATORY DISCLAIMER: As required by United States Treasury Regulations, please be aware that this communication is not intended or written by the sender to be used, and it cannot be used, by any recipient for the purpose of (1) avoiding penalties that may be imposed on the recipient under United States Federal Tax Laws, or (2) promoting, marketing or recommending to another party any plan or arrangement addressed herein. ________________________________ Think Green! Please consider our environment before printing this e-mail. From: Brian Palmer [mailto:B.Palmer@cityofcapecanaveral.org] Sent: Tuesday, March 25, 2014 4:22 PM To: Kim Rezanka Subject: RE: Xtreme Fun light violation for "spill-over" Ms. Rezanka, Please see below Brian, Are you saying that the test conducted by the City on 11/13/13 was done with improper methodology? Yes Ma’am, the test results were gathered using improper calculations. The tests were conducted on 11/1/13 So the file does not show anything about the modifications that Xtreme Fun, LLC made to the lighting? No Ma’am, the file has no mention of any corrections Mr. Gal have accomplished. Please provide your results from 3/17/14 and describe the violation that exists. Do you have any suggestions to cure the problem? On 3/17/14 a reading was taken from the North side of the property, the reading was 0.46 Foot-candles which exceeds the 0.2 limit the ordinance sets. My client made modifications based upon Mr. Pereno’s suggestions. Yes Ma’am I am aware of the modifications that were made (tilting the light down). The simple fix may be to tilt the light more or turn it towards the south more. I would have to measure once the light was moved again. 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. Yes Ma’am and I apologize for any inconvenience the departure of Mr. Pereno caused however; I just want to make sure the tests are conducted in the proper manner. Once we have the information requested, we will contact you to discuss further. Thank You I will be re-testing the areas around the Beach Wave property and if a representative would like to be present during these tests, I would be more than happy to meet them at the property on a date and time of their choosing. 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. If the reader of this email is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please delete this email, destroy any hard copies thereof, and notify us immediately by telephone. Thank you. ________________________________ REGULATORY DISCLAIMER: As required by United States Treasury Regulations, please be aware that this communication is not intended or written by the sender to be used, and it cannot be used, by any recipient for the purpose of (1) avoiding penalties that may be imposed on the recipient under United States Federal Tax Laws, or (2) promoting, marketing or recommending to another party any plan or arrangement addressed herein. ________________________________ Think Green! Please consider our environment before printing this e-mail. 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. 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