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i for sea turtle protection lighting on October 9, 10, 11 and 18, 2014 when IRC staff determined there were violations based on information received. He noted the fine amount for each day of violation was $50.00 per day and the citation was in the amount of $200.00 for four nights of documented sea turtle lighting violations, and the Respondent had elected to appeal the citation. Mr. DeBlois showed on the overhead projector and submitted into evidence Section 932.09, subsection 4(a) and (d) of the County's Ordinance relating to Coastal Management, adding the citation was issued particularly with reference to interior lighting from the subject property being visible from the beach after 9:00 p.m. He recapped on July 17, 2014, staff issued a warning letter to the Respondent advising of IRC sea turtle lighting requirements based on information received that interior lights were visible on the beach from the property and recommended the window coverings be closed at night during sea turtle nesting hatchling season, or potentially be subject to a fine. Mr. DeBlois related after sending out the warning letter, IRC staff received an email dated September 15, 2014 from Attomey Barry Segal, representing the Respondent, outlining certain measures taken to comply, and a copy of this is on file in the Commission Office. He continued IRC staff subsequently received more information that compliance was not being achieved, which ultimately led to the issuance of the citation. Dr. Miles Conway, 2340 South A-1-A, Vero Beach, confirmed he had sent an email dated October 15, 2014 to Mr. DeBlois with information on lighting violations he had observed coming from the subject premises as shown on photographs submitted into evidence. He testified at various dates in September and October, 2014 he sent those photographs taken on his iPhone to Mr. Rick Herren, IRC Environmental Specialist, showing lighting issues he had observed from the beach at different times. Mr. DeBlois showed on the overhead and submitted into evidence a section of Chapter 932 of the code stating "illuminate means any light source which is visible from two feet or less in height on the beach area, or any lighting which creates a discernible shadow on the beach area". Dr. Conway opined the illumination he had observed from the subject property met,that definition. Mr. Rick Herren, IRC Environmental Specialist, discussed the required nighttime lighting surveys conducted as per the County's Habitat Conservation Plan and expressed his opinion that based on the photographs the light emanating from the subject property met the definition contained in the code. I CEB-Unapproved 3 November 24,2014 F:/BCC/AII Committees/CODE/2014 Minutes/CODE11.24.14.doc ATTACHMENT � 232