Magistrate grants St. Regis more time to correct lighting violations

The St. Regis Longboat Key was granted a continuance on a special magistrate hearing regarding the property’s multiple sea turtle lighting ordinance violations. 

The town’s special magistrate Milan Brkich ruled that the St. Regis property owners would have until Oct. 9 — the date of the next magistrate hearing — to meet with town officials and come into compliance. If not, the property might face more “severe” fines, Brkich said. 

Members of St. Regis property management and lawyer Brenda Patten represented St. Regis at the Sept. 11 special magistrate hearing which included testimony from Code Enforcement Officer David Woods and Alexis Krummick, staff biologist with Mote Marine Laboratory and Aquarium. 

“We are not here to be adversaries,” Patten said. “We’re here to cooperate with the town and to find solutions to these problems.”

Woods was first to the podium and reviewed the timeline of 15 violations the town issued the St. Regis property since May 10. The first citation was $100, the second was $250 and the third and all subsequent citations were $500. 

The St. Regis property was able to come into compliance with the lighting codes on June 7, according to Woods. 

Then, on July 26, a report by Mote stated that 60 hatchling sea turtles were disoriented near the property as a result of the St. Regis lighting. Of those disoriented, six were found in vegetation on the property, one was found in the lazy river, three were found in a pool and one was found dead. 

This initiated further code enforcement investigations which revealed the property was back out of compliance. 

Code enforcement continued to write citations for the property, and two more disorientations occurred near the property on July 29 and Aug. 2.

Krummick, the Florida Fish and Wildlife Conservation Commission sea turtle permit holder for Longboat Key, said the disorientations were caused by the hatchlings confusing St. Regis’s lights with the moon and the stars, thus directing them away from the ocean.

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The sea turtle nesting season concludes on Oct. 31, and Krummick confirmed there are still active nests near the property. 

“Based on their proximity to the St. Regis property, they could disorient as well,” Krummick said.

More time given

Patten’s presentation followed Woods and Krummick, and she said that the code enforcement process is meant to achieve compliance, not to be a punitive process. She emphasized that the St. Regis management is focused on reaching compliance. 

“We respect what Mr. Woods has been doing out there, and Mote Marine and everyone else,” Patten said “We have taken what they’ve said very seriously. We have great respect, and we’re trying to cooperate. We understand the value of marine life, and it is our goal to completely comply with the town’s turtle lighting standards.”

Also early in her presentation, Patten pointed out what she called errors in the town’s citations, including a typo on the relevant town code — typed 100.3 instead of 100.03 — and the fact that the citations were addressed to S.R. LBK II, LLC but sent to Director of Engineering Chris Jenkins. 

But, the town sent a corrected notice of violation on Sept. 4, and the citations eventually reached the right person, which was further proved by the fact that all but one of the violations had been paid. 

Patten also claimed that code enforcement officers should use more technical methods for measuring the spectrum of St. Regis’s visible lights. Chapter 100 of the town’s code, though, doesn’t specify a spectrum but rather states that visible lights from the beach must either be turtle-friendly or shielded. 

A central theme in Patten’s presentation was the transitions that have been underway at the St. Regis. 

During the first batch of violations — before coming into compliance for a short period in June — the property was overseen by Moss Construction. Later in the summer, when the St. Regis was closer to opening, Marriott — which owns the St. Regis brand — had more control. 

This transition, combined with the fact that some condominiums and areas of the resort are still under construction, backed Patten’s argument that the resort is still working toward being fully operational, thus needing more time to come into compliance. 

Patten also stated that the FWC inspected the St. Regis’s lights on the night of Sept. 6, and a full report will be available on Sept. 20. 

Jenkins, the resort’s director of engineering, testified the resort has made an effort to educate guests about the need to shut off or shield interior lights by placing an information card in every room. The resort is also offering turn-down service, and security patrols to check for visible lights, according to Jenkins. 

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Overall, Patten said the St. Regis is willing to work with the town to come into compliance if granted more time. 

“Our goal is to solve the problems and work together to do it,” Patten said.

Though Brkich said the turtles were “getting the short end of the deal,” he felt inclined to grant the continuance. 

“I’m willing to give some time on that, but I need to have some kind of assurance that what needs to be done will be done in a timely way,” Brkich said. 

Assistant Town Attorney Daniel Lewis pleaded the case that the ongoing citations and warnings were not working, and the resort was already given time to correct the issues after receiving a notice of violation. 

“I have a huge objection to that,” Lewis said about the continuance. “Considering that this has been going on since May, they were previously in compliance, they came out of compliance … and the fact that it’s not only still turtle season but the fact that there are still potential other nests that could be affected by these same lights.”

Brkich still granted the St. Regis a continuance until the next special magistrate hearing scheduled for Oct. 9. He said the resort representatives must meet with town officials to achieve compliance before that date. 

If Brkich had not ordered a continuance, he could have found the St. Regis guilty of the violations. This would have given the St. Regis a timeframe to come into compliance. Then, if compliance was not met within that time frame, more severe penalties could be enacted.