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HomeMy WebLinkAbout12022006 EBan~~ T ~~ HOME OF PELICAN ISLAND TEMPORARY ENVIRONMENTAL ADVISORY COMMITTEE MINUTES TUESDAY, DECEMBER 5, 2006 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Ms. Beckwith called the meeting to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Present: Trish Adams (arrived 7:20 pm) Pat Beckwith Dale Simchick Larry Birchmeyer Jim Slattery Diane Powers Excused Absences: Jane Kresge Kristi Yanchis Also Present: Sal Neglia Council Member Chris McCarthy Parks Superintendent Jeanette Williams Recording Secretary 4. APPROVAL OF MINUTES A. November 7, 2006 Meeting On a MOTION by Ms. Powers, with a SECOND by Ms. Simchick, the minutes were approved with a voice vote of 5-0. 5. PUBLIC COMMENT City Attorney Rich Stringer invited committee members to the Thursday night Planning and Zoning Commission meeting at which time two proposed land development changes will be considered. The first proposal to be considered will be the St. Sebastian River buffer. The second proposal will be height east of Temporary Environmental Advisory Committee December 5`h, 2006 Page Two Indian River Drive. He explained the lowest livable floor is defined by storm surge which is about 6 feet. He further explained the City would propose the prohibition of property filling on the east of Indian River Drive and measure building height from the front building line, which will preserve the natural property line and protect the river view. Ms. Beckwith asked about regulations regarding the distance between buildings. The City Attorney said there is a regulation but if the owner puts up a fence, it nullifies the regulation. Ms. Simchick asked how many un-built lots are left in the riverfront district . The City Attorney said about 6-12 lots. He also said lots platted prior to [approximately] 1929 or 1933 will include river bottom as part of the lots providing for fill. Ms. Powers asked about septic tank use to which the City Attorney stated that sewer is available requiring mandatory hookup. 6. NEW BUSINESS A. Presentation by Ilka Daniels, IRC Humane Society Ms. Daniels said she is the spokesperson for the newly formed Gopher Tortoise Protection Coalition, which is partnering with numerous wildlife organizations and approved by the National Humane Society. She described how an incidental take permit existed and there were gopher tortoises present so the Coalition intervened with the builder to relocate the tortoises to Ponce Inlet. She said there were 22 burrows identified. This intervention which includes the Humane Society was the development of an emergency relocation process. She explained the Game and Fish Commission sponsors this humane relocation process which is to be considered an amendment to incidental take permit. The process involves a donor site, an identified recipient site, and relations of the tortoises. She explained the new plan will not be in effect until June 2007 so until then, incidental take permits issued will not have the amendment option. She advised there are many things to consider for an ordinance and introduced Dr. David Cox. 2 Temporary Environmental Advisory Committee December 5"', 2006 Page Three Mr. Cox explained there is a statewide effort to protect tortoises. The lead county in this effort is Volusia County in which the Planning staff went to County Commission and asked for permission to develop an ordinance. He recommended that the Committee recommend to Council to direct staff to develop an ordinance, which would be good until the management, plan kicks in June 2007. Mr. Cox cautioned the ordinance will have to be framed around private property rights or else it will not be supported. Mr. Birchmeyer asked if they had reviewed Lee County, which prevents incidental takes. Ms. Daniels would like this but there may be circumstances where a take may be unavoidable, but under controlled circumstances the tortoises may excavated and euthanasized. She suggested an ordinance may happen quicker if options are identified. Dr. Cox asked how long Lee County's ordinance has been in place, what is the experience and have they experienced any lawsuits. He also explained that because of the size of single-family lots, they would fall through the net. Mr. Birchmeyer said taking would be prohibited in Lee County. Dr. Cox said this is a good place for City staff to begin. Ms. Simchick said the City could be a forerunner of such an ordinance. Dr. Cox explained in Volusia's key is having the professionals certified to be able to enforce and ensure accurate surveys. Dr. Cox said Florida Fish & Wildlife Conservation (FWC) is developing protocol to have this system controlled. Mr. Birchmeyer asked if this could be part of the planner's duties. Council Member Neglia reminded that the Committee cannot define her duties. Ms. Simchick asked for a contact person to help the Coalition in their efforts and Ms. Daniels said it would be her office that developers could contact, 388-3331. Ms. Daniels said 25 tortoises were recently relocated at a Ponce Inlet site and the species is adaptable to adversity. Discussion followed on relocation sites and Ms. Daniels said relocation is cheaper but timely for the builders; takes are costly and quicker for the builders. She also said experts are finding the respiratory disease endemic and self- clearing virus within the species. Dr. Cox said the lesson is "that there is not enough knowledge to implement a public policy that summarily executes animals on the basis of unclear scientific evidence" and FWC has determined that the testing does not have conservation value. Ms. Daniels asked that the commensally species associated with the burrow also be considered. 3 Temporary Environmental Advisory Committee December 5`h, 2006 Page Four Side ll, Tape 1- 7:53 pm Ms. Simchick made a MOTION, SECONDED by Mr. Birchmeyer to ask Council that staff be directed to draft an ordinance to suit the City. A vote was not taken and the motion died. Council Member Neglia asked that the environmental planner be allowed to come on board first. Ms. Simchick then made a MOTION that a small presentation can be made to Council on the 13th of December as to the status of the gopher tortoise and possible resolutions the City can take. This was SECONDED by Ms. Beckwith. A vote was not taken. Council Member Neglia said a motion is not necessary and asked that the presentation be brief. Ms. Simchick offered to make the presentation. B. Presentation by Trish Adams Ms. Adams said Joan Berrish with the Florida Game Fish Commission advised this might be addressed better at the county level where more funding sources might be available to purchase conservation land. She also pointed out that developers should really pay for relocation sites because taxpayers should not have to pay twice to support wildlife on the public sites or to purchase land. Ms. Adams said she is very concerned with identifying the existing population and making sure the tortoises will properly survive when relocated. Discussion followed that relocation will probably be in the panhandle after certain procedures are exhausted. C. Request the Gopher Tortoise Ordinance from Council Previously addressed. 7. OLD BUSINESS A. Earth Day 2007 Ms. Beckwith asked if the sound system is included in the band shell, which it is not. The Parks Superintendent offered to request the sound system from Council. Council Member Neglia asked why the bandshell was needed. Ms. Adams explained lectures, speakers and outreach. Ms. Adams said Vero Beach has renamed their Earth Day to Indian River County Ecology Festival to be held on a Sunday, which may benefit the Committee's turnout. 4 Temporary Environmental Advisory Committee December 5~h, 2006 PageFive 8. SET NEXT AGENDA The Committee asked to reschedule the meeting to January 9~' instead of the 2"d They requested the new planner come to introduce herself ; and a follow-up discussion requesting Council's consideration of tortoise protection. Ms. Simchick stated the Sebastian Preserve owner has agreed to a price to the 162 acres. Ms. Beckwith stated that she attended the Tree & Landscape Advisory Committee's Tree Clinic, which had a good turnout. Mr. Slattery said he has three groups confirmed for Earth Day and no one from the high school has returned his call. Council Member Neglia asked about the drain markers and Ms. Adams said the boy scouts plan to install the markers during Christmas break. 9. Being no further business, the meeting was adjourned at 7:34 p.m. Approved at the January 10th, 2007 meeting. ~-4-~ .~-- T ish Add ms, l~ir J~ nette Williams, Recording Secretary 5