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
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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