Town Council turtles<\/p>\n
By NATHAN MAYBERG<\/p>\n
A discussion on the town\u2019s sea turtle conservation lighting ordinance led to clashes between Fort Myers Beach Mayor Dan Allers and Town of Fort Myers Beach Environmental Project Manager Chadd Chustz over arguments Allers made in challenging the town\u2019s lighting ordinance and permit reviews.<\/p>\n
The arguments occurred during a planning and management session on Thursday after Town Council scheduled the discussion during the middle of the town\u2019s sea turtle nesting season and during a season where there have already been 15 deadly disorientations of sea turtle hatchlings due to lighting violations.<\/p>\n
\u201cI wanted to talk about this because as we are rebuilding, the number one complaint I am hearing about permitting is environmental,\u201d Allers said. \u201cIt\u2019s the inconsistencies.\u201d<\/p>\n
Allers claimed the town code was subjective for applying to all buildings that may project light to the beach, whether they are beachfront properties or not.<\/p>\n
\u201cWe all understand the importance of it and why we have to do it but how it is applied, it\u2019s not consistent,\u201d Allers said. Allers said there are delays with permit approvals over lighting plan issues that aren\u2019t beachfront properties.<\/p>\n
Chustz and Turtle Time have found that many of the lighting issues facing disoriented turtles are from across Estero Boulevard due to many of the buildings that once stood on Fort Myers Beach, having disappeared since Hurricane Ian, leading to more lights from homes that were once not visible from the beach.<\/p>\n
Fort Myers Beach Councilmember Rebecca Link and Chustz argued against the comments by Allers that the code was subjective. The code is based on a state model ordinance.<\/p>\n
\u201cThat\u2019s definitely not how we apply things,\u201d Chustz said in response to the comments by Allers regarding what he found to be the subjectivness of the town\u2019s lighting code. \u201cThe consistency is if you are directly or indirectly visible from the beach, you (outdoor lighting) have to be long-wavelength, downward-directed and shielded.\u201d <\/p>\n
During sea turtle nesting season from May 1 to Oct. 31, the town\u2019s sea turtle lighting ordinance prohibits outdoor lighting at night unless it is shielded, long-wave amber lights that are downward directed. In addition, all screens and blinds must cover windows from 9 p.m. to 7 a.m. The town has issued dozens of warnings for violations of the code this season.<\/p>\n
Fort Myers Beach Councilmember John McLean said he received an email from a beachfront property owner who put in windows that weren\u2019t tinted on the side, not expecting to cause lighting issues. <\/p>\n
McLean said he personally was also taken aback by the town\u2019s lighting code in relation to the rebuilding of his pool, which is four houses from the bay and on the canal. \u201cThere were lighting standards that went into (the review), McLean said. \u201cThat was part of the review process,\u201d McLean.<\/p>\n
\u201cYou will be amazed at some of the light shows you see coming out of pools these days,\u201d Chustz said. \u201cJust recently I had a house that was on the other side of Estero by maybe three lots and it was an absolute light show, and it was bouncing off the two or three-story house.\u201d Chustz said that light reflection is \u201crunaway lighting\u201d and cause disorientations of sea turtle hatchlings.<\/p>\n
In fact, Turtle Time has had to recover sea turtle hatchlings out of pools in the past, after they were drawn away from the Gulf and towards light reflecting off the pools.<\/p>\n
Allers argued against requiring homes that are not on the beach to be held to the same standards as homes on the beach. Allers claimed the lights from his home wouldn\u2019t be visible on the beach. \u201cWhy should a construction of a property be held up?\u201d<\/p>\n
Allers said construction of a property shouldn\u2019t be held up over its outdoor lights. \u201cWhat is approved, should be approved,\u201d he said. \u201cWhy are we holding up people?\u201d<\/p>\n
Asked after the meeting by the Fort Myers Beach Observer to identify specific examples of where there were delays with permitting related to the town\u2019s lighting ordinance, Allers declined. <\/p>\n
Allers said \u201cthere have been a number of properties that have experienced delays during the lighting review process. Rather than identifying individual properties, I think the large issue is the process itself.\u201d<\/p>\n
Fort Myers Beach resident and Turtle Time volunteer Cindy Johnson, who works closely with the town on the turtle lighting issues, said the comments from Allers were \u201creally disappointing.\u201d<\/p>\n
Speaking on Tuesday when Turtle Time reported its 15th nest disorientation on Fort Myers Beach out of just 36 to hatch due to an unusually rough season for loggerhead sea turtles on the island, Johnson referred to the deadly consequences that the disorientations have caused for hundreds of young hatchlings this season.<\/p>\n
\u201cNot one of the 31 hatchlings (from the disoriented nest on Tuesday) that crawled out of the nest headed straight to the Gulf. Instead, a few crawled from just south of Sterling Avenue, over the berm to the Sterling access. The remainder crawled north to Dakota and south to Aberdeen with most heading inland, over the berm. Unfortunately, Town staff and Turtle Time have made contact with these properties more than once this year. In addition, some properties have been contacted in years past,\u201d Johnson said.<\/p>\n
\u201cHundreds of hatchlings from Fort Myers Beach did not make it to the Gulf this year and dozens of hatchlings have been found run over on Estero Boulevard,\u201d she said. <\/p>\n
Johnson said she was approached by two separate residents on Tuesday about the lights they seeing from up and down the beach. \u201cThey are wondering why this is allowed,\u201d she said.<\/p>\n
Johnson also criticized Allers for suggesting that amber lights are not safe during the offseason.<\/p>\n
\u201cAs a resident, I find it unfortunate that anyone in Town leadership at this point would insinuate that the amber lighting is unsafe,\u201d Johnson said. \u201cI also don\u2019t understand the statements about not being able to read menus in amber lighting and that people want to see the colors of the food that they are eating at in a restaurant at night. Where are the peer reviewed studies?\u201d<\/p>\n
Turtle Time, which is permitted by the Florida Fish and Wildlife Conservation Commission, monitors the sea turtle nesting activity on Fort Myers Beach. The deadly disorientations has been exceptionally frustrating during a season when about 60% of the island\u2019s 103 nests have been washed over and believed to have been jeopardized.<\/p>\n
Despite the pushback from Chustz during the meeting in countering the arguments by Allers, Allers persisted in peppering back against the town\u2019s lighting code. <\/p>\n
\u201cTo me it goes too far down a rabbit hole,\u201d Allers said.<\/p>\n
\u201cLighting does matter,\u201d Chustz said. \u201cOur sea turtles are basically natural light detectors,\u201d he said. \u201cOne floodlight can open and they will all go towards that light.\u201d<\/p>\n
Chustz said the town has been battling the disorientation challenge since Hurricane Ian due to the increasing open space after many buildings were knocked down.<\/p>\n
\u201cWe hear a lot on the town staff side, a lot of questions, when it comes to permitting, when it comes to the planning processes, and when it comes back around to code enforcement,\u201d Town of Fort Myers Beach Manager Will McKannay said. McKannay said he recommended <\/p>\n
At one point, Allers challenged the observation by Chustz of the effects of lights from television sets that are on tall buildings that are outside without covers, projecting to the beach. <\/p>\n
Chustz said the taller and brighter the lights, the more problematic it is for the sea turtles.<\/p>\n
Allers at one point argued for flexibility to allow property owners to change their lights during different seasons for businesses or property owners. Allers, who earlier said he wanted more definitive regulations, said \u201cYou have to allow some flexibility in here.\u201d<\/p>\n
\u201cIf it\u2019s not idiot proof, you are going to have some commando that flips the switch,\u201d Chustz said. Chustz said that if the town goes down the path favored by Allers \u201cit strains enforcement. It is impossible to keep up with.\u201d<\/p>\n
Since Hurricane Ian, Chustz said the town has been seeing runaway lighting running across the other side of Estero Boulevard.<\/p>\n
\u201cOne day, I received more than 30 complaints\u201d regarding lighting violations, Chustz said. \u201cThey are legitimate.\u201d Chustz said the town has about 80 letters out to property owners regarding turtle lighting violations.<\/p>\n
Councilmember John King said he sided with Allers on the lighting. \u201cWe can\u2019t go to a dual lighting system because it\u2019s not idiot proof,\u201d King said. \u201cYou\u2019ve got humans involved.\u201d King said he didn\u2019t have faith in the Florida Fish and Wildlife Conservation Commission.<\/p>\n
Since a record number of disorientations of sea turtles last year that is estimated to have led to the death of thousands of sea turtle hatchlings, Chustz said the town has begun reviewing all outdoor lighting plans during building permit reviews. \u201cIt\u2019s being a good neighbor lighting-wise,\u201d Chustz said.<\/p>\n
Allers said he wants to speed up reviews of permits that deals with the town\u2019s turtle lighting code.<\/p>\n
Link said she received comments from a local architect who provided her suggestions from how sea turtle lighting is done at Sanibel. \u201cA lot of it is education up front,\u201d Link said. She said the architect suggested lunch and learn sessions, with informational brochures.<\/p>\n
Johnson applauded efforts by the town to reduce turtle lighting violations but said more work remains to be done. Turtle Time distributes brochures with information about sea turtles and the town\u2019s sea turtle lighting code every year.<\/p>\n
\u201cThe town really tried at the beginning of the year trying to reduce turtle lighting violations. We have been trying to help them reach their goal,\u201d Johnson said.<\/p>\n","protected":false},"excerpt":{"rendered":"Town Council turtles By NATHAN MAYBERG A discussion on the town\u2019s sea turtle conservation lighting ordinance led to…\n","protected":false},"author":2,"featured_media":118155,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[14],"tags":[209,211,210],"class_list":["post-368726","post","type-post","status-publish","format-standard","has-post-thumbnail","category-cape-coral","tag-cape-coral","tag-cape-coral-headlines","tag-cape-coral-news"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/posts\/368726","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/comments?post=368726"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/posts\/368726\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/media\/118155"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/media?parent=368726"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/categories?post=368726"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/tags?post=368726"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}