FBCC declines to modify “turtle ordinance”

Submitted by Suanne Z. Thamm
Reporter – News Analyst
May 11, 2017 10:01 a.m.

The Fernandina Beach City Commission (FBCC) on a 3-2 vote at their May 2, 2017 Regular Meeting declined to approve proposed Ordinance 2017-11 on First Reading. The Ordinance proposed to change portions of the Land Development Code related to outdoor lighting with wildlife planning. Both city planning staff and the Planning Advisory Board had recommended approval of the changes, based upon University of Florida Model Wildlife Planning Ordinance in cooperation with and with the support of the Florida Fish and Wildlife Commission, the City’s Code Enforcement staff, Florida Public Utilities, and the Amelia Island Sea Turtle Watch.

But following a presentation by beach property owner James C. Miller, three commissioners – Tim Poynter, Roy Smith and Mayor Robin Lentz — decided that the additional restrictions were unreasonable for property owners.

James C. Miller, an engineer with a Masters in System Management and who owns property at 108 S. Fletcher, put together a 16-slide presentation in which he asked the FBCC to identify deficiencies with the current ordinance that would be corrected by the new ordinance. He cited Vice Mayor Len Kreger’s statement made earlier in the meeting that extolled the record number of Sea Turtle nests recorded in the last year. He presented information to show that the cumulative majority of turtle strandings occur outside of nesting season. He also questioned what percentage of strandings are related to light pollution. He opined that the measure used for light in the new ordinance was archaic. Requirements for window tinting, Miller said, would cost him at least $1,200.

One of the most intriguing slides that he presented differentiated human views from turtle views of landside structures. He posited that as seen from a turtle’s view, much less, including light sources, is visible.

Senior Planner Kelly Gibson said that the ordinance was being advanced in accordance with direction provided in the Comprehensive Plan. She spoke to the city’s coordination with outside organizations in the proposed revisions. She said that the revisions correct problems relating to enforcement and penalties. She clarified the timing of various requirements for property owners.

Vice Mayor Len Kreger said that the revised ordinance takes subjectivity out of the issue by providing for measurement. He also said that the light bulbs required would not be readily available at local retail stores. He spoke to the comprehensive nature of the crafting of the ordinance.

Commissioner Tim Poynter said that he did not understand the need to put film on windows. “I think we’re just getting a little carried away with this stuff,” he said. “Now we’ve got Code Enforcement people walking around measuring line of sight, is the curtain up or down, is the turtle there. I’m not going to vote for this.

Commissioner Roy Smith agreed with Poynter. “You know, people have rights, too,” he said. “I think this is overkill.” Smith asked Gibson, “How many other cities have something this crazy?’

Gibson replied that she wasn’t sure.

Smith continued, “I don’t think we need to be the main city doing this stuff all the time. For people to have to pay for blackout curtains, whatever … There are a lot of rich people who live along the beach, but some people have had those houses forever. I just don’t see it. I like turtles, but I am not going to vote for this either. I think it is overkill and we would be making people do things they shouldn’t have to.”

Commissioner John Miller asked Gibson to confirm that the changes would not require existing homeowners to do anything. Gibson agreed, saying that the improvements would be required if building permits would be requested for work on the house.

Vice Mayor Kreger moved approval of the ordinance, and Commissioner John Miller seconded. When the vote was called, they were the only two affirmative votes, so the ordinance died. It will not return for future action.