TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: Status Report: Regulations and Permitting Requirements for the Protection of the Florida Scrub Jays.
Recommended Action
Discussion and possible action regarding regulations and permitting requirements for the protection of the Florida Scrub Jays.
Background Information
The following provides a chronological order of events regarding regulations and permitting requirements for the protection of the Florida Scrub Jays:
Ø September 28, 2021: During the City Commission Regular Meeting, the Commission approved the following consensuses and motion:
Consensuses
ü There was consensus to review the St. Lucie code as a guide for the City to appease the State and Federal scrub-jay permitting laws.
ü There was consensus to verify and update the scrub-jay area map.
ü There was consensus to evaluate current environmental properties around the City to determine habitat areas.
ü There was consensus to issue a no underbrush or land clearing permit during scrub-jay nesting season in scrub-jay areas with legal review to be effective after the map is confirmed.
ü There was a consensus to bridge the gap requiring a nesting survey from U.S. Fish and Wildlife Services.
Motion
ü A motion was made to direct staff to use the five consensuses given as a means to conduct the business dictated by the consensuses.
Ø October 4, 2021: Staff has reviewed the St. Lucie Code pertinent to the State and Federal Scrub-Jay permitting laws. Staff will utilize the St. Lucie Code as a reference when preparing revisions to the environmental provisions of the Unified Land Development Code (ULDC) Rewrite.
Ø November 2021: Robin San Vicente, resident, Edie Driest, and Jennifer Krajcir Suncoast Ecological Services evaluated the current environmental properties throughout the City of North Port to determine habitat areas. The results of this evaluation were incorporated into the Florida Scrub-Jay Sightings Report. Said Florida Scrub-Jay Sightings Report was then forwarded to Adam Knutson, Fish and Wildlife Biologist, U.S. Fish and Wildlife Service for his review and approval.
Ø January 24, 2022: Juliana B. Bellia, Assistant City Manager submitted a Legal Request to the City Attorney regarding the authority to withhold Underbrush or Landclearing Permits during the Florida Scrub Jay Nesting Season.
Ø February 2022: Staff’s research revealed that U.S. Fish and Wildlife Service does not perform Nesting Surveys. Nesting Surveys are performed by a licensed Environmental Consultant as an extra precaution to their required Scrub Jay Survey protocol on lots that lie within the designated zones and are requesting Landclearing or Underbrush Permits. The requirements for Nesting Surveys would need to be included in the ULDC. Staff will research this issue further and discuss with the U.S. Fish and Wildlife Service as part of the ULDC Rewrite.
Ø February 18, 2022: Adam Knutson, Fish and Wildlife Biologist, U.S. Fish and Wildlife Service advised Assistant City Manager Bellia via email that one of their Biologists has been able to conduct a site visit and confirmed new Florida Scrub Jay observations within the City of North Port.
Ø April 4, 2022: Juliana B. Bellia, Assistant City Manager received a letter from Robert Carey, Division of Environmental Review Manager, Florida Ecological Services Field Office U.S. United States Department of the Interior Fish and Wildlife Service reviewed and approved the updates to the City of North Port Identified Scrub Jay Areas map and associated parcel list.
Ø April 11, 2022: Staff received a Response to Legal Request regarding the authority to withhold Underbrush or Landclearing Permits during the Florida Scrub Jay Nesting Season. The Response to Legal Request did not recommend that the City stop issuing Underbrush or Landclearing Permits during the Florida Scrub Jay Nesting season. Various options all which would require Code amendments by Ordinance were identified to address the issue.
Ø April 13, 2022: A meeting was held with Assistant City Manager Bellia, Alaina Ray, Department of Neighborhood Development Services Director and Lori Barnes, Planning and Zoning Division Manager to discuss the Response to Legal Request. It was agreed that staff would need time to critique the various options prior to proposing any Code amendments to the existing process for issuing Underbrush or Landclearing Permits during the Florida Scrub Jay Nesting Season. This effort would not be able to be accomplished prior to the end of the Florida Scrub Jay Nesting Season on June 30, 2022. As such, it was decided that the Department of Neighborhood Development Services staff reviewing applications for Underbrush and Landclearing Permits would reference the updated City of North Port Identified Scrub Jay Areas map and associated parcel list. If the Florida Scrub Jays were identified on either of these documents, the applicant would be required to adhere to the appropriate U.S. Fish and Wildlife Service permitting requirements.
The Planning and Zoning Division staff will review and consider the various options outlined in the Response to Legal Request as part of the ULDC Rewrite.
Strategic Plan
Historical, Cultural, and Environmental Preservation.
Financial Impact
Not applicable.
Procurement
Not applicable.
Attachments:
1. Florida Scrub-Jay Sightings Report Nov. 2021
2. North Port Identified Scrub Jay Observation Areas Map
3. North Port Identified Scrub Jay Lots Parcel Number List
Prepared by: Juliana B. Bellia, Assistant City Manager
Department Director: Juliana B. Bellia, Assistant City Manager