HomeMy WebLinkAboutR-97-63RESOLUTION NO. R-97-63
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SUPPORTING, IN CONCEPT, THE
CONSERVATION AND MANAGEMENT OF SCRUB JAY HABiTAT ON
CITY OWNED PROPERTY, AS PART OF A SEBASTIAN AREA-WIDE
HABITAT CONSERVATION PLAN BEING DEVELOPED BY INDIAN
RIVER COUNTY TO MITIGATE SCRUB JAY HABITAT IMPACTS
ASSOCIATED WITH THE DEVELOPMENT OF PRIVATELY OWNED
SCRUB LOTS 1N SEBASTIAN HIGHLANDS SUBDIVISION;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Pursuant to the Federal Endangered Species Act, the U.S. Fish and Wildlife
Service is charged with the protection and regulation of habitat associated with federally listed rare
or threatened species; and
WHEREAS, In 1987, the Florida Scrub Jay was listed as a threatened species by the
Federal Government; and
WHEREAS, The U.S. Fish and Wildlife Service has identified approximately 475 platted
lots in Sebastian Highlands Subdivision that contain important Florida Scrub Jay habitat and are
subject to regulation under the Endangered Species Act; and
WHEREAS, In accordance with the Endangered Species Act, impacts to the habitat of
Federally endangered or threatened species can only be permitted in association with a Habitat
Conservation Plan (HCP) approved by the U.S. Fish and Wildlife Service, whereby any habitat
impacts proposed under an HCP are sufficiently off-set by mitigation; and
WHEREAS, In October, 1996, Indian River County proposed to the U.S. Fish and
Wildlife Service that the Service conceptual agree to accept, as mitigation for release of the
approximate 475 Sebastian Highlands scrub lots for private development, the County's
commitment to conserve and manage Scrub Jay habitat on lands acquired by the County under its
Environmental Lands Program; and
WHEREAS, U.S. Fish and Wildlife Service staff responded to Indian River County's
proposal by indicating an additional need that the City of Sebastian agree to conserve scrub habitat
on existing City owned property, if the County's HCP to release the scrub lots is to be approved;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
SECTION 1. RECITALS RATIFICATION: The above recitals are ratified in their
entirety.
SECTION 2. CONCEPTUAL HABITAT CONSERVATION PLAN: The Sebastian
City Council agrees, in concept, to conserve and manage, in coordination with Indian River
County, Scrub Jay habitat on City owned properties, provided that said conservation is compatible
with the intended public use of said properties, and subject to the City Council's final approval of
the County's Habitat Conservation Plan (HCP) prior to formal submittal of the HCP to the U.S.
Fish and Wildlife Service.
SECTION 3. CONFLICTS: All resolutions or parts thereof in conflict herewith are, to
the extent of such conflict, superseded and repealed.
SECTION 4. EFFECTIVE DATE: This Resolution shall take effect immediately upon
its adoption.
The foregoing Resolution was moved for adoption by Councilrr)e4nbe~-Cdd~
The motion was seconded by Couneilmember (~f_& 'j~J2),~./-d-
and, upon being put into a vote, the vote was as follows:
day of
Mayor Walter Bames
Vice-Mayor Richard Taracka
Councilmember Louise R. Cartwright
Councilmember Larry Paul
Councilmember Ruth Sullivan
City of Sebastian, Florida
Walter Barnes, Mayor
S ~ ~
Kathryn M. O'Halloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Valerie Settles
City Attomey