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HomeMy WebLinkAbout2006 07 24 Regular 305 Gopher Tortoises COMMISSION AGENDA ITEM 305 Regular X July 24. 2006 Regular Meeting Mgr. / Dept. Authorization REQUEST: Commissioner Joanne M. Krebs is requesting the City Commission authorize the City Attorney to write an Ordinance to protect Gopher Tortoises in the City of Winter Springs, and to encourage other Municipalities to do the same. PURPOSE: This Agenda Item has been requested by Commissioner Joanne M. Krebs who is asking us to follow the excellent example of the City of Minneola, Florida who is working on legislation to protect Gopher Tortoises. CONSIDERATIONS: In the July 14, 2006 Orlando Sentinel, an Editorial endorsed the actions of the City of Minneola, Florida, who is drafting an Ordinance to protect Gopher Tortoises. On a number of occasions, I personally have asked Staff about protecting Gopher Tortoises and have even questioned Developers and Builders, but have received no data and only cursory comments. To date, this City has not taken a pro-active stance on this. I would like to see us do better! CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING -JULY 24, 2006 REGULAR AGENDA ITEM 305 PAGE20F2 The City of Minneola has recently begun legislation to protect Gopher Tortoises, and I have asked that our City Clerk request any related documents from them for background material. At the time this Agenda Item was written, no data has yet been received. I would seriously like to ask for the City Commission's support to do the right thing and protect a species of tortoises in the State of Florida that need our protection and a guiding hand, and therefore, I have requested an Ordinance Number (2006-10) to which our City Attorney can draft the necessary language for this Ordinance. It would have been better if we could have been the leader in this effort, but at least, let's be on the winning side and do the right thing. ATTACHMENT: A. Orlando Sentinel Editorial dated July 14, 2006. RECOMMENDATION: Commissioner Krebs is asking that the City Commission direct the City Attorney to draft an Ordinance (2006-10), protecting Gopher Tortoises in the City of Winter Springs, Florida and to encourage other Municipalities to do the same. Commissioner Krebs requests that the City Attorney shall have the Ordinance written and ready for a First Reading at the next (August 14t\ 2006) City Commission Meeting; and asks that the wording in the Ordinance designate that the Ordinance also be forwarded to the Florida League of Cities for consideration by that organization, and other Municipalities. COMMISSION ACTION: ATTACHMENT "A" RECE~VED July 14 2006 CITY OF WINTER SPRINGS OFFICE OF THE CITY CLERt<; MEMORANDUM TO: Mayor and Commission FROM: Danielle Harker, Assistant to the City Clerk SUBJECT: Gopher Tortoises Article DATE: July 14, 2006 Dear Mayor and City Commission, Per Commissioner Krebs, I am forwarding this article from the July 14, 2006 Orlando Sentinel regarding Gopher Tortoises for your information. If you should have any questions, please feel free to contact me. Thanks, Danielle Harker Setting an example New war on drugs? What a headache Date: July 24, 2006 The attached document was distributed during Regular Agenda Item "305" at the July 24, 2006 City Commission Regular Meeting. ORDINANCE 2006-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MINNBOLA, FLORIDA, REQUIRING COMPETENT EVIDENCE IN SUPPORT OF THE INCIDENTAL TAKE PERMIT PRESERVATION METHOD FOR LISTED SPECIES PRIOR TO THE ISSUANCE OF A DEVELOPMENT ORDER; PROVIDING FOR CONFLICT WITH EXISTING ORDINANCES; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Minneola finds and determines that various animal species found in the Ci ty of Minneola have been listed by the Florida Fish and Wildlife Conservation Commission (FFWCC) as threatened or species of special concern, indicating a threat of depletion in population of such species; and WHEREAS, the City of Minneola finds and determines that these listed species of special concern may be of aesthetic, ecological, educational, historical, recreational, economic, or scientific value; and WHEREAS, the City of Minneola acknowledges that some of these species are subject to the incidental take permit process through FFWCC; and WHEREAS, the City of Minneola seeks to preserve a stable ecosystem to the greatest extent possible for its citizens, which is dependent upon the number and diversity of constituent species; and WHEREAS, the City of Minneola finds and determines that its local knowledge and understanding of property located within the City and requirements shall collectively serve to supplement the goals, objectives, and policies of FFWCC, the United States Fish and Wildlife Service, and the Florida Department of Environmental Protection; and L___ __ _ __ _h__ __h_mhm hh h _ _ _ h _ _ _ h_ _ h_m_ hm_ _ h h h _ _ _h_ mhhh _ _ _ _ _ h_ h_ h_------ Deleted: and other applicable agencies; and WHEREAS, the City of Minneola seeks to effectuate a balance of the public interest, in ensuring a stable ecosystem for its citizens, with private property development rights; and WHEREAS, the City of Minneola finds that requiring property owners and/or developers to provide the City of Minneola with competent evidence in support of the incidental take permit preservation method prior to the issuance of a development order is needed to afford listed species populations within the City of Minneola with the greatest protection possible. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MINNBOLA, FLORIDA: Section 1. Generally. Pursuant to its Home Rule Authority granted in Florida Statutes section 166.021, the City of Minneola hereby implements requirements concerning the incidental take permit preservation method. The City of Minneola recognizes that the Florida Fish and Wildlife Conservation Commission (FFWCC), United States Fish and Wildlife Service (USFWS), and all other applicable state or federal agencies utilize both expertise and experience in regulating wildlife. Accordingly, the City of Minneola acknowledges that all requirements contained herein shall not, in any way, conflict with the. regulations of any applicable governmental agency; rather, the requirements are hereby enacted in accordance with and to reinforce the goals; objectives, and policies of FFWCC, USFWS, and any other applicable governmental agency. Section 2. Preservation of Species Subject to Incidental Take. A. Generally. 1. As part of the listed species habitat protection process established by the FFWCC, a property owner and/or developer may contribute funds to obtain an incidental take permit, which authorizes the entombment or killing of listed species incidental to development activities. Such funds are used by the FFWCC, among other things, for the advancement and protection of such listed species. 2. Property owners and/or developers shall either direct all new development away from listed species and their habitats, relocate such listed species in accordance with FFWCC relocation regulations, or obtain an incidental take permit in accord with FFWCC regulations and section 2(B) below. B. Incidental Take. 1. Prior to obtaining a development order for the physical development of the property, a property owner and/or developer seeking to utilize the incidental take permit process shall be required to provide the ~~~rde~~:~ci ~ake. .~~t:rmiiC>lTIP.{~f?~~the~Y~::iif~- - - r~~~~na~t.:..- - -. -- -1 :=:eManager or his alternative for the species in conjunction with the development of the property. Such evidence may include written recommendations from FFWCC or any other applicable state or federal agencies that the incidental take permit is the preferred preservation method. 2 . Upon receipt of such competent evidence and in the absence of conflicting competent evidence, the City of Minneola shall issue a development order. Section 3. All ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. This Ordinance shall become effective immediately upon passing. However, all developments that have entered into valid Developer Agreements pursuant to Florida Statutes, section 163.3221 shall be exempt from the requirements contained hereinL unless such environmental requlations are specifically addressed in the Developer Aqreement. Section 5. The provisions of this ordinance are intended to be incorporated into the Code of Ordinances of the City of Minneola, Florida, and the sections of this ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "section," "article," or such other word or phrase in order to accomplish such intention. Section 6. If any section, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portion of this ordinance. PASSED AND ORDAINED this day of 2006, by the City Council of the City of Minneola, Florida. DAVID YEAGER, City Mayor ATTEST: JANET MCDANIEL, CITY CLERK Passed First Reading Passed Section Reading Approved as to form: Scott A. Gerken, City Attorney