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Resolution 1993-016 ".' '-.r. l~,ht,~ '.,!'?.i' 1'"",,~~/ /-i:;-i;;, ,I" '. -J, - ./-:71', 1_" .~ -1 . , ' '-J 'I, i~;~;' ~.,-,. \ ~~>J -$i'. ,~l_,., :.y, i~~,- iolf:"',,'. - ~~~/i ~ :.- JANUARY 19, 1993 RESOLUTION 110. 93-~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS ESTABLISHING AN ENVIRONMENTAL MITIGATION PROGRAM FOR THE WESTCLOX ROAD EXTENSION PROJECT (CIE NO. 26) WHICH SATISFIES THE PERMITTING RECOMMENDATIONS OF THE FLORIDA GAME AND FRESH WATER FISH COMMISSION, LISTING THE ELEMENTS OF THE MITIGATION PROGRAM, IDENTIFYING THE SCHEDULE TO COMPLETE THE ELEMENTS OF THE MITIGATION PROGRAM, IDENTIFYING THE FUNDING SOURCE FOR SAID MITIGATION PROGRAM, AND AUTHORIZING THE COUNTY TRANSPORTATION SERVICES DIVISION TO INITIATE PROJECT SPECIFIC TASKS FOR THE IMPLEMENTATION OF SITE SPECIFIC MITIGATION ELEMENTS. WHEREAS, the Board of County Commissioners of Collier County Florida, hereinafter referred to as the "Board", is responsible for the County'S Growth Management Plan to ensure implementation of adequate public facilities and to plan for and set forth policies for the protection, conservation and management of its natural resources; and IIHEREAS, the Board recognizes that certain public transportation facilities such as arterial and collector roads are necessary to protect the heal th, safety and wel fare of the c1 tizens of Collier County; and WHEREAS, the Board recognizes that transportation faCilities, such .s the extension of Westclox Road in Immokalee, are a vital public necessity which in some situations cannot be practically designed and constructed without impacting the County's unique natural resources; and IIHEREAS, the Board desires to minimize a"J offset adverse environmental impacts from the county's planned construction of 1 aOOK 000 PIGE 24 , I ',;,' .~ :1'. ~ 1~~'/?, ..;f~.~' ~.~~ - " ,. ., " I , . :J:. k' .,j. '. '" "'- ~;" t~.'\" ;;~' . .<'., J~ JANUARY 19, 1993 " Westclox Road where avoidance of said impacts is not practical, by the establishment of a project specific enviro~ntal mitigation ~~ogram designed to preserve and enhance Collier County's unique scrub jay habitat. ROM, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COURTY, FLORIDA, that: SECT lOR 1. The Board is committed to offsetting necessary deleterious environmental impacts caused by the proposed extension of Nestclox Road (County Capital Improvement Element No. 26) and, therefore, has determined that the establishment of a scrub jay mitigation program is necessary and in the best interest of the County. SECTIOR 2. The Board is in agreement with the findings and COnclusions of the Florida Game and Fresh Water Fish Commission (FGFWFC) which states that 6.2 acres of scrub jay habitat will be adversely impacted within the Weatclox Road Right of Way as a r..ult of the cou.truction project. Th. site investigation and impact anallsis was conducted by the Board's environmental consultant, Hilson, Miller, Barton, and Peek, Inc., in accordance with the FGFWPC Nongame Technical Report No. 8 "Ecology and Oeveloprr.ent-Related Habitat Requirements of the Florida Scrub Jay" I April, 1991. SECTION 3, The Board is in agreement with the recommendations of the FGFWFC which states that 6.2 acres of scrub ;~y habitat should b. acquired and preserved at an off site parcel of land (i.e., not within the Project Right of Way corridor). 2 aDO! 000 PI,[ 25 I JANUARY 19, 1993 SECTION 4. The Board hereby directs the Transportation Services Administrator and the Finance Director to set aside and process the necessary budget amendment in the maximum expenditure amount of '-'5,000.00 in fund nos. 399 and/or 313 to purchase 6.2 acres, more or less, of scrub jay habitat. The $75,000.00 budget appropriation '. herein represents the estimated maximum cost of purchasing sai~ habitat at a unit cost of $12,100 per acre, which includes an additional 25\ to account for administrative expenses by the Real Property Management Department and an additional 25\ contingency to account for the maximum probable difference between assessed taxable value and fair market value. SECTION 5. The Board hereby declares and comnits to acquiring said lands in a fee simple or easement format within one year of the date of this Resolution. SECTION 6. The Board hereby declares and commits to granting a conservation easement on said lands to the FGFWFC. BECTIO" 7. The Board hereby declares and commits to implementing a long term land ....nagement plan for said lands, The Board reserves the right to transfer said management responsibilities to another state or local governmental agency or to a non-profit corporation or trust dedicated to the conservation and preservation of land in its natural state. SECTION ~. The Transportation Services Administrator is herein I I authorized and directed to immediately undertake implementation of the mitigation program in acccrdance with the provisions set forth in this Resolution. I , 3 aDDK 000 PIGE 26 , r .~ ~', I,,' : ~'1, ': . .;.., ~. :.? .tt :~~ *;;" ~ .;<.,~ .~.. I~'ii;> Approved as to form and i!l~', 18<Jal sufficiency: " .~", ~ ~ /7// .f 1:;-;r . _ . _ ~Ah_(L ,/ ~$_:-_.Ib: nneth B. /i uyler Ii . ~u,., ~-" '''om., ,'f ~ ~"- ir~{ ~*~: ~, _~.'i ~, '~; -;.... . .~::..," t=>.,., JANUARY 19, 1993 SECTIOK 9. The Natural Resources Department Director is herein authorized and directed to assist the Transportation Services Administrator in said mitigation program including activities such aa identifying and evaluating appropriate parcels of land which contain scrub jay habitat. SECTIOIf 10. The Real Pt"operty Management Director is herein authorised and directed to assist the Transportation Services , Administrator in acquiring said lands in a timely manner, SECTIOIf 11. The Transportation Services Division is further authorized and directed to coordinate and interface with other County departments and state and federal environmental agencies to ensure that the N.stcloJ: Road mitigation program remains consistent with broad environmental goals and objectives for preservation of the natural resources of Collier County within the provisions set forth in the County's Growth Management Plan relating to adequate public facilities. This Resolution adopted after motion, second, and majority vote l."'~f'ftng same. ~ ~ . I " j)~TI!D: -0#;f.,~ ~ A%'fES'l' : " ' ':CIJIOB'l' ,S. BROcJ(, Clerk ~ . r. ~. . BOARD OF COUlf'1'Y COMMISSIONERS CO~ORIDll BY: . - ~ Chai rman 6 4 aOOK 000 PAGE 27