REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
July 6, 2004
The Regular Meeting of the Board of Levy County Commissioners was held on July 6, 2004 at
9:00 a.m. in the Levy County Board of County Commissioners’ meeting room, with the following Commissioners present:
Chairwoman Lilly Rooks
Vice Chairman Sammy Yearty
Comm. Tony Parker
Comm. Danny Stevens
Comm. Nancy Bell
Also present were:
Clerk of Court - Danny J. Shipp
County Attorney - Anne Brown
County Coordinator - Fred Moody
The Chairwoman called the meeting to order at 9:00 a.m. The invocation was given by Mr. Benny Jerrels followed by the Pledge of Allegiance to the Flag.
EXPENDITURES
Comm. Stevens moved to approve the following expenditures presented for payment. Comm. Parker seconded and the MOTION CARRIED.
FUND AMOUNT CHECK NUMBERS: 76224-76426 GENERAL REVENUE $1,026,238.23 ROAD & BRIDGE FUND 24,557.48 SHIP 22,637.00 LIBRARY 2,654.62 PERMANENT MOSQUITO 144.44 MEDIATION 300.00 LOCAL LAW 267.00 FINE & FORFEITURE FUND 10,214.14 TRANSPORTATION 5,945.52 LANDFILL & RECYCLING 23,695.58 COURT FACILITIES 3,440.27 FLORIDA POWER GRANT FUND 290.19 EMERGENCY MEDICAL SERVICE 9,144.19 FIRE 18,452.00 TOURIST DEVELOPMENT 2,137.63 CDBG 304,963.40 JUVENILE JUSTICE 842.83 SALES TAX REV BOND CONST. DEBT 39,721.08 SALES TAX REV BOND CONST. 89,927.04 UTILITIES FUND 405.63 23.19 TOTAL $1,732,126.17
HEATHERWOOD
JORDAN ESTATES
OAK MANOR ESTATES
CANNON HOMESITES
STARTING POINT
WILLISTON HIGHLANDS UNIT 5
WILLISTON HIGHLANDS UNIT 7
WILLISTON HIGHLANDS UNIT12
RALEIGH OAKS
FAWNWOOD ESTATES
DOE RUN
SUNSHINE ESTATES 1ST ADD
SUWANNEE MEADOWS
NORTH STAR RANCHETTES
SPANISH TRACE
SPANISH TRACE 1ST ADDITION
ARROWHEAD ACRES
KING B RANCHETTES 1ST ADD
LONG POND LANDING
LONG POND LANDING 1ST ADD
LONG POND LANDING 2ND ADD
WHISPERING OAKS
CEDAR PINES UNIT 2
COUNTRY SIDE ESTATES
COUNTRY WALK ESTATES UNIT 2
EMERALD FOREST
SHADY ACRES
LOUMAR ESTATES
ENCHANTED FOREST
KINGS HILL
DEERE RIVER ESTATES
MEADOWLAND ESTATES UNIT 2
WACCASASSA RIVER ACRES
SUNSHINE ESTATES 3RD ADD
MEADOW VIEW ESTATES 1ST ADD
QUAIL RUN UNIT 2
MOUNTS ACRES UNIT 3
RAINBOW LAKES ESTATES
RIDGE VIEW
SUMNER PLACE
ARROWOOD
CEDAR PINES UNIT 3
GREEN HILLS
KING RANCH RANCHETTES 1ST ADD
MOUNTS ACRES UNIT 4
TRIPLE CROWN FARMS UNIT 1
TRIPLE CROWN FARMS UNIT 3
TRIPLE CROWN FARMS UNIT 2
PINE MEADOWS
SUMNER PLACE UNIT 2
LONG POND OAKS
CHIEFLAND WOODS UNIT 2 PHS 1
STEEPLECHASE FARMS
TRIPLE CROWN FARMS UNIT 4
LANGLEY ESTATES
NORTH CHIEFLAND ESTATES
LONG POND PARADISE
FARMS AT WILLISTON UNIT 2
345.00
90.38
237.18
1,022.04
26,639.71
12,610.27
15,643.98
1,001.18
919.44
860.91
503.04
0.00
530.42
843.50
2,589.76
0.00
0.00
344.79
689.55
290.92
1,455.50
786.38
488.85
458.39
1,170.93
1,297.55
0.00
556.69
648.14
189.88
129.40
1,015.18
480.15
199.61
32.43
28.11
425.07
169.06
618.60
196.04
439.64
770.99
520.77
39.15
2,173.83
1,920.81
2,612.58
1,306.97
208.34
297.24
180.61
58,379.19
0.00
74.72
659.25
149.73
882.86
MINUTES
Comm. Stevens moved to approve the minutes of the regular meeting of June 22, 2004. Comm. Parker seconded and the MOTION CARRIED.
COMMODITIES
Ms. Linda Martin, Volunteer for the Commodity Program, addressed the Board with concerns of The Emergency Food Assistance Program (TEFAP) of Alachua County not meeting the needs of Levy County appropriately. Ms. Martin stated she spoke with a representative of the Bread of the Mighty Food Bank in Gainesville to obtain information about the distribution of emergency food for residents of Levy County and was told the agency could not guarantee the quantity or type of food to be distributed. Ms. Martin requested the Board’s assistance with the distribution of the commodities from The Emergency Food Assistance Program (TEFAP) to ensure all residents of Levy County are served.
Mr. Fred Moody responded the program has changed pursuant to the U.S. Department of Agriculture (USDA) availing commodity foods to State Distributing Agencies whom thereafter contract with smaller Distributing Agencies for administration and distribution.
Comm. Parker suggested the County assist in the direction for different locations promoting the commodity food accessibility to Levy County residents.
Comm. Bell stated several area Churches have been assisting with donations and distribution of commodities to needy families.
Ms. Ruth Runion stated some of the recipients of The Emergency Food Assistance Program (TEFAP) expressed opposition of Churches administering the distribution of commodities, thereby combining Church and State.
Mrs. Leatha Keene, with Emergency Management Services (EMS), said the State eliminated the U.S. Department of Agriculture (USDA) funding that assisted the County in the distribution of commodity foods to Levy County residents.
Chairwoman Rooks stated the Board should contact the Alachua County Distributing Agency to ensure Levy County is receiving the appropriate amount of commodity foods allocated.
Comm. Parker requested Mr. Moody schedule a meeting with the Bread of the Mighty Food Bank in Gainesville to discuss the County’s concerns with The Emergency Food Assistance Program (TEFAP).
VETERAN’S OFFICE
Mr. Ivan Chubb, American Legion Commander with the Landrum American Legion Post 236, presented Certificates of Appreciation to Ms. Cindy Jo Ayers, Clerk of Court Mr. Danny J. Shipp, Chairwoman Rooks, Comm. Yearty, Comm. Parker, Comm. Bell, Comm. Stevens, Sheriff Johnny Smith, Mr. George Hermansen and Mrs. Pat Hermansen. Mr. Chubb expressed he appreciated their assistance and values their dedication.
MISCELLANEOUS
Mr. Charles Gilbert addressed the Board regarding the recent issue of Mr. Justin Watson’s difficulty to receive his final paycheck from the Levy County Road Department due to the requirement of Mr. Watson to submit a logbook to Mr. Fred Moody.
Mr. Moody responded to Mr. Gilbert stating the County has currently implemented a procedure to submit an inventory exit logbook, however this requirement did not delay Mr. Watson receiving his final paycheck. Mr. Moody explained it was a plat book and it is in Mr. Greenlee’s possession.
Mr. Gilbert stated Mr. Watson was directed by his supervisor upon his initial employment the requirement to maintain a log or diary, particularly due to unusual circumstances as well as for his own protection, and this is currently being requested by Mr. Moody.
Mr. Moody responded to Mr. Gilbert stating it is permissible for him to review the aforementioned plat book.
MISCELLANEOUS
Ms. Jacqueline Martin presented proposed Agenda Item Summarys for Board review to be used by departments and the public when making a request to be on the agenda. Ms. Martin explained the revised form is more detailed to include specific information.
LIBRARY
Mr. Tom Reitz requested Board approval to purchase twelve (12) computers with the Gates Grant in the amount of $9,077.04.
Comm. Yearty moved to approve the purchase of twelve (12) computers with the Gates Grant in the amount of $9,077.04. Comm. Bell seconded and the MOTION CARRIED.
Mr. Reitz responded to Comm. Stevens stating it will take approximately two (2) weeks to receive the new computers after the order is placed.
Mr. Reitz responded to Chairwoman Rooks stating the computers will be placed in locations as follows: two (2) computers in the Yankeetown Library, two (2) computers in the Bronson Library, one (1) computer in the Cedar Key Library plus an additional computer donated by an individual, three (3) computers in the Williston Library, and three (3) computers in the Chiefland Library.
Mr. Reitz responded to Mrs. Toni Collins stating the local match of $1,200 is not inclusive of the Gates Grant amount of $9,077.04. Mr. Reitz further informed Mrs. Collins that color printers for each library will be incorporated in the new computers’ order.
ROAD DEPARTMENT
Mr. Bruce Greenlee requested Board approval of the two (2) Florida Department of Corrections Interagency Public Works Agreements for the Levy Forestry Camp.
Comm. Yearty moved to approve the two (2) Florida Department of Corrections Interagency Public Works Agreements for the Levy Forestry Camp. Comm. Bell seconded and the MOTION CARRIED.
Mr. Greenlee requested Board approval to advertise Invitation For Bid of the following Road Department supplies:
- Galvanized culvert pipe bid.
- Asphalt and colmix bid
- Safety items bid
- Emulsion prime (RS Type) bid
- Motor oils and lubricants bid
- Porta potty bid
- Sod bid
- Sign materials bid
- Construction materials testing bid.
Comm. Bell moved to approve for advertisement Invitation For Bid of the Road Department supplies as presented. Comm. Yearty seconded and the MOTION CARRIED.
ROAD MAINTENANCE
Mr. Greenlee presented the following requests for maintenance on a one (1) time basis:
NE 80 Street located in University Estates subdivision requiring three (3) hours of grading with an estimated cost of $201.00 beginning on NE 90 Avenue and ending at NE 105 Avenue.
Comm. Parker moved to approve the request for maintenance on a one (1) time basis. Comm. Stevens seconded and the MOTION CARRIED.
SE 220 Avenue located in Ocala Highlands West subdivision requiring six (6) loads of limerock and four (4) hours of grading with an estimated cost of $2,068.00 beginning on SE 59 Lane and ending at SE 70 Street.
Comm. Yearty moved to approve the request for maintenance on a one (1) time basis. Comm. Bell seconded and the MOTION CARRIED.
SE 188 Terrace located in Gilmore Acres subdivision requiring two (2) hours of grading with an estimated cost of $134.00 beginning on County Road 326 and ending at the end of the road.
Comm. Yearty moved to approve the request for maintenance on a one (1) time basis. Comm. Stevens seconded and the MOTION CARRIED.
NW 105 Street requiring two (2) hours of grading with an estimated cost of $134.00 beginning on NW 70 Avenue and ending at NW 75 Avenue.
Comm. Yearty moved to approve the request for maintenance on a one (1) time basis. Comm. Bell seconded and the MOTION CARRIED.
Mr. Greenlee requested Board approval to add the following roads to the paving list:
County Road 320 beginning at State Road 129 and ending at U.S. Highway 19.
Comm. Bell moved to approve the addition of the roads as presented to the paving list. Comm. Parker seconded and the MOTION CARRIED.
NE 51 Place, NE 143 Court and NE 50 Court in B & R Subdivision, beginning at Alternate 27 and ending at NE 140 Court.
Comm. Stevens moved to approve the addition of the roads as presented to the paving list. Comm. Yearty seconded and the MOTION CARRIED.
TRANSPORTATION
Ms. Desiree Painter requested Board approval of the 2004-2005 Trip and Equipment Grant with the Authorizing Resolution.
Comm. Parker moved to approve the 2004-2005 Trip and Equipment Grant with the Authorizing Resolution. Comm. Bell seconded and the MOTION CARRIED.
Ms. Painter requested Board approval of Resolution Number 2004-25, A Resolution Of The Board of County Commissioners Of Levy County Ratifying and Authorizing The Execution Of An Agreement With The Florida Department Of Transportation For A Transit Planning Grant To Assist Levy County In Their Nature Coast Circulator Route And In The Planning And Publication Of A Rider’s Guide In Levy County.
Comm. Bell moved to approve Resolution 2004-25 as presented. Comm. Parker seconded and the MOTION CARRIED.
SHIP
Ms. Sandy Ashley presented the following Deferred Payment Loan Agreement:
Lola Ruffin and Muriel Baker, Lot 6, Block 3, of the Public Records of Levy County, Florida, OR Book 200, Page 113, for $10,600.00 to purchase a home in the Williston area.
Comm. Stevens moved to approve the Deferred Payment Loan Agreement. Comm. Parker seconded and the MOTION CARRIED.
Ms. Ashley presented the following Satisfaction of Mortgages for approval:
Kathy E. Sands of Williston paid off amount of $9,600.00.
Comm. Stevens moved to authorize the Chairwoman to sign the Satisfaction of Mortgage. Comm. Parker seconded and the MOTION CARRIED.
Ms. Ashley presented a Subordination Agreement for Kathleen McCabe. Ms. Ashley said the request had been reviewed and meets the SHIP policy guidelines. Ms. Ashley stated Atty. Brown had reviewed and approved the form. Comm. Stevens moved to approve the Subordination Agreement. Comm. Parker seconded and the MOTION CARRIED.
ATTORNEY’S REPORTS
Atty. Brown requested Board approval to set the public hearing July 20, 2004 at 10:00 a.m. for proposed ordinance amending Chapter 26 of the Levy County Code relating to court filing fees and costs.
Comm. Stevens moved to approve to set the public hearing July 20, 2004 at 10:00 a.m. for proposed ordinance amending Chapter 26 of the Levy County Code relating to court filing fees and costs. Comm. Parker seconded and the MOTION CARRIED.
Atty. Brown requested Board approval of Resolution Number 2004-26, A Resolution Of The Board Of County Commissioners Of Levy County, Florida, Amending Resolution 03-16, As Previously Amended By Resolution 03-19; Providing For Amendment To Exhibit A To Such Resolution 03-16, As Amended; Providing For Addition Of Additional Projects For The Bond Funds; Providing An Effective Date.
Comm. Stevens moved to approve Resolution Number 2004-26 as presented. Comm. Yearty seconded and the MOTION CARRIED.
Atty. Brown requested Board approval of the proposed Interlocal Agreement with the Town of Bronson for wastewater facilities.
Comm. Yearty moved to approve the Interlocal Agreement with the Town of Bronson for wastewater facilities as presented. Comm. Stevens seconded and MOTION CARRIED.
Atty. Brown stated for information purposes she has received a handbook prepared by the Florida Association of Counties which includes legislative updates. Atty. Brown stated the information is also available on their website or anyone interested can come by her office to make a copy.
MISCELLANEOUS
Mr. Charlie Kennedy requested Board disclosure of the status of the Request For Qualifications (RFQ) for cost reduction services.
Atty. Brown responded she is preparing this Request For Qualifications (RFQ) for Board review and compiling a list of vendors qualified to apply.
Mr. Kennedy stated he would like to see this implemented in order for the County to conserve revenue as opposed to raising taxes for revenue.
Atty. Brown stated accusations have been expressed of her office not preparing the Request For Qualifications (RFQ) for cost reduction services in a timely manner. Atty. Brown further stated she has not had sufficient time to prepare the requested material but assured the Board she has been working diligently to attain qualified vendors. Atty. Brown requested persons with questions or concerns pursuant to provision of her legal services to bring those to her personal attention for clarification.
Chairwoman Rooks responded to Mr. Freddie Shaw stating Atty. Brown’s preparation of the Request For Qualifications (RFQ) for cost reduction services is a priority.
Ms. Teresa Gulledge, with the City of Chiefland, requested County assistance with animal control for the City of Chiefland and requested the issue to be scheduled on the next Board meeting agenda.
ZONING
Atty. Brown explained for information purposes, the process of Ex-Parte Communications and Quasi-Judicial Hearings for zoning matters.
Atty. Brown stated Florida law requires the Commission’s decision in a quasi-judicial action to be supported by competent substantial evidence presented to the Commission during the hearing on the application. Atty. Brown further explained competent substantial evidence is such evidence as a reasonable mind would accept as adequate to support a conclusion. Atty. Brown stated there must be factual basis in the record to support opinion testimony from both expert and non-expert witnesses. Atty. Brown said any persons presenting testimony must be based upon factual information as presented by County staff, or based upon factual information included in the County staff report in order to corroborate their testimony.
Atty. Brown further informed all persons requesting to participate and speak on an issue at the public hearing will be sworn in prior to speaking during the proceeding. Atty. Brown explained all persons will have the liberty, through authority of the Chair, to ask questions, seek clarification of comments and to respond to comments or presentations of staff or other speakers; or to refute or respond to any ex-parte communication. Atty. Brown informed all persons who present written material to the Commissioners for consideration must ensure that a copy of such material is provided to the Clerk for inclusion in the Board’s official record of proceedings.
Atty. Brown placed the following persons under Oath to Mr. Joseph Marshall, Mrs. Brenda Hinton, Mr. Richard Hinton, Mr. Al Krause, Mr. Ralph Eng and other citizens present.
Chairwoman Rooks read the policy and procedures of reporting any Commissioners receipt of oral or written communication regarding issues and requested the Commissioners disclose the substance of the communication and the identification of such person(s).
Comm. Stevens, Comm. Parker, Comm. Bell, Comm. Yearty and Chairwoman Rooks disclosed the type and substance of the communications and identified the person(s) relating to the Special Exception for Major Mining Petition Number SE 4-04.
Mr. Rob Corbitt presented the following petition:
PETITION NO. SE 4-04 Eng, Denman and Associates, Inc. representing Corrie Frederick Bell,
Jr. aka: B & G Family Partnership, LLLP, petitioning the Board for a Special Exception for Major Mining - Borrow Operation on a parcel of land known as Site “A” - The SW 1/4 of Section 28, Township 13S, Range 18E; lying East of the easterly right-of-way line of SR 121 & the SE 1/4 of Section 29, Township 13S, Range 18E; lying East of the easterly right-of-way line of SR 121; total site containing 140.13 acres more or less. (Portion of Parcel # 04496-000-00 and all of Parcel # 04498-000-00. Site “B” - The S ½ of the SW 1/4 of Section 33, Township 13S, Range 18E & the E 3/4 of the N ½ of the N ½ of Section 4, Township 14S, Range 18E; total site containing 105.83 acres more or less. (Portion of Parcel # 04507-000-00 & All of Parcel # 04538-000-00), located within an Agriculture/Rural Residential “A/RR” zoning. The Planning Commission recommendation: Approval with the following conditions:
- No fill of any type shall be brought to the property.
- No blasting shall be permitted.
- No mining shall occur or otherwise be permitted in other areas of the subject properties without approval from the BOCC through the special exception amendment process.
- The existing egress and ingress shall be reviewed by the Florida Department of Transportation (FDOT). Any required improvements shall be made at the applicant’s expense.
- Days and hours of operation shall be as follows: Monday through Friday: 7:00 a.m. until 6:00 p.m. Saturdays: 7:00 a.m. until 12:00 noon.
Mr. Corbitt read for the record project report information.
Mr. Corbitt stated the applicant wishes to establish two sites (identified as Site “A” and Site “B”) for borrow operations within a large agricultural tract of approximately 1,413 acres. Mr. Corbitt explained that Site “A”is located adjacent to highway SR121, with Site “B” located at the southwest corner of the applicant’s property, interior of the large agricultural tract of land. Mr. Corbitt said the extraction of sand is for the purposes of commercial sales of fill dirt for construction projects, and to level the property in order to improve the land for peanut and other row crop farming. Mr. Corbitt informed no fill of any type is proposed to be brought to the subject property and the excavation and leveling will occur in sequence with farming operations.
Mr. Corbitt stated the project engineer estimates the duration of the borrow operations to be 75 years and estimates the volume of sand to be excavated at three (3) million cubic yards. Mr. Corbitt stated traffic generated by the borrow operations will be an average of 20 to 30 truck trips per day and both sites have direct access to State Road 121 via an existing paved private road currently serving as access to the applicants property and an agriculture support facility. Mr. Corbitt explained the trip generation of thirty (30) truck trips per day estimated from the proposed borrow operations should not significantly impact the level of service capacity for State Road 121 generating merely one percent (1%) of the reserve capacity.
Mr. Corbitt stated the applicant provided a map displaying the predominate hauling routes for transient loads indicating State Road 121 to US 19/98 for south bound loads, and State Road 121 to US 41 for north bound loads. Mr. Corbitt further explained local loads will be hauled utilizing the shortest route from the access connection of State Road 121 to the job site.
Mr. Corbitt said the archaeological survey affirmed evidence of cultural activity was not detected on either tract and a letter has been submitted to the Florida Division of Historical Resources by SouthArc, advising them of these findings and recommending no further research is required at the proposed sites.
Mr. Corbitt stated the applicant has identified the existing land uses and approximate distances to existing residences or other structures adjacent to the excavation sites as required and further acknowledges the requirements of the Noise Ordinance, Section 50-346 through 50-359, and are proposing mitigation practices to lessen impacts from noise due to mining operations.
Mr. Corbitt stated a minimum requirement of two (2) feet of cover remain above the seasonally high water mark in which the lowest elevation of the proposed excavation should provide ten (10) or more feet of cover above the seasonally high water mark.
Mr. Corbitt stated substantial evidence has not been received indicating the operations would not cause substantial damage to the property values in the area. Mr. Corbitt said the Building and Zoning Office received a letter of opposition from local realtor, D. Wayne Janney, stating the Major Mining project would cause substantial injury and have an adverse affect on the property values of the surrounding homes as well as cause an adverse impact on future development in the area.
Mr. Corbitt stated the Staff Findings are as follows: the proposed major mining application is consistent with Section 50-850; the areas to be excavated within the proposed project area are not located in an environmentally sensitive area; the location of the proposed mining sites (“A” & “B”) are located within a permitted area for major mining, pursuant to Comp Plan Policies and Section 50-850 of the Land Development Code; the proposed major mining operation meets all current setback and buffering standards; the proposed major mining operation should not adversely impact future development in the area; and the proposed major mining operation should not cause substantial injury to the property values in the neighborhood where it is to be located.
Mr. Corbitt presented a letter of recommendation submitted by Mr. Todd Daly, with Farm Credit of North Florida, stating his opinion regarding the affect on the value to surrounding properties of the proposed permitting of the mining operation would actually maintain its desirable appearance and neighborhood effect.
Atty. Brown cautioned the Board when considering the validity of those letters as competent substantial evidence based upon the inability to cross examine the witnesses due to the fact they are not present at the meeting.
Mr. Corbitt stated areas of concern at the Planning Commission Public Hearing
were possible fuel spills resulting from refueling equipment, maximum number of truck trips per day, traffic safety concerns regarding trucks entering and exiting the highway pursuant to the sixty (60) mile per hour speed limit, noise and property values.
Mr. Corbitt stated the Building and Zoning Office received a written complaint in opposition regarding borrow operations located on the opposite side of State Road 121. Mr. Corbitt stated the Code Enforcement officer investigated the complaint and found the excavation activity purpose was for farm operation. Mr. Corbitt stated his office received a new complaint of excavation activity at Site B of which the Code Enforcement officer investigated which resulted in Mr. Corbitt directing Mr. Bell and his project engineer to cease all operations.
Mr. Ralph Eng, of Eng, Denman and Associates, Inc., representing Corrie Frederick Bell, Jr. aka: B & G Family Partnership, LLLP, gave a presentation in favor of this special exception petition. Mr. Eng advised the Board this Special Exception is in accordance with the Land Development Regulations and definitely explained what measures have been taken to ensure compliance.
Mr. Eng explained the excavation activity at Site A has ceased and a permit was obtained from the South West Florida Water Management District (SWFWMD) closing the site. Mr. Eng stated Mr. Bell is fulfilling an obligation of continuing the excavation activity on Site B.
Mr. Eng responded to Chairwoman Rooks stating no pits will exist on either site and after Mr. Bell has completed excavation, he will resume farming the area.
Mr. James Marshall addressed the Board in opposition to the Special Exception presented. Mr. Marshall stated he was told by the County Mr. Bell was permitted to excavate the site for agricultural purposes. Mr. Marshall stated he contacted South West Florida Water Management District (SWFWMD) in which they investigated Site A and required Mr. Bell to cease the operation. Mr. Marshall stated Mr. Bell began excavating at Site B thereafter and Mr. Marshall called South West Florida Water Management District (SWFWMD) again for investigation and they required Mr. Bell to cease operation of Site B as well. Mr. Marshall said Mr. Bell has been excavating from the sites since the South West Florida Water Management District (SWFWMD) order to cease the operations and furthermore Mr. Bell can not be trusted.
Mr. Al Krause addressed the Board in opposition to the Special Exception presented. Mr. Krause stated neighborhood residents present at the Planning Commission Public Hearing spoke in opposition. Mr. Krause stated there is a blind spot at the section of the road where the trucks will be entering and exiting which may create traffic problems.
Mr. Eng responded to Mrs. Sandy Fink stating he explained at the Planning Commission Public Hearing there will not be a permanent fueling facility on the sites.
Comm. Parker responded to Mrs. Annette Long stating he had worked in the area of Mr. Bell’s excavation sites.
Comm. Bell responded to Mrs. Annette Long stating she is of no relation to Mr. Bell.
Mr. Corbitt responded to Comm. Bell stating Building and Zoning had posted signs to cease the excavation until it was verified farm use. Mr. Corbitt stated the South West Florida Water Management District (SWFWMD) issued a cease and desist order for the excavation at the site. Mr. Corbitt explained the County’s mining ordinances allow certain exemptions, however it does not indicate the applicant is exempt from State and Federal mining regulations.
Mr. Eng stated he had no knowledge of the cease and desist order issued at the excavation site.
Mrs. Mary Marshall addressed the Board stating Mr. Bell cannot be trusted. Mrs. Marshall said her husband videotaped Mr. Bell excavating from the site. Mrs. Marshall stated their concerns are not being considered by the Board.
Comm. Yearty moved to approve the special exception petition with the following provisions:
- No fill of any type shall be brought to the property.
- No blasting shall be permitted.
- No mining shall occur or otherwise be permitted in other areas of the subject properties without approval from the BOCC through the special exception amendment process.
- The existing egress and ingress shall be reviewed by the Florida Department of Transportation(FDOT). Any required improvements shall be made at the applicant’s expense.
- Days and hours of operation shall be as follows: Monday thru Friday: 7:00 a.m. until 6:00 p.m. Saturdays: 7:00 a.m. until 12:00 noon.
- Establish a minimum of two (2) bench marks per site.
- Slopes shall be stabilized with suitable ground cover.
- No mining operations until all state permits are acquired.
- Applicant shall comply with all state permit regulations except those governing mining for agriculture operations.
Comm. Stevens seconded. Comm. Yearty, Comm. Stevens, Comm. Parker and Chairwoman Rooks voted YES. Comm. Bell voted NO and the MOTION CARRIED.
Atty. Brown responded to Comm. Bell stating approval of the special exception allows the Board authority to impose fines or revocation if any violations occur with the County ordinance. Atty. Brown stated the Board can only take action if County codes are violated, the State has their own specific codes.
Comm. Stevens stated provisions of special exceptions should be consistent for all applicants.
Mr. Chubb, Mr. Klause, and Mr. Marshall presented additional comments to the Board.
COMMISSIONERS
Comm. Parker stated controversial issues should be scheduled for evening meetings in order to provide the public more opportunity to attend. Comm. Parker requested Mr. Moody retain maintenance assistance to repair the speaker system for public hearing provision during meetings.
Comm. Bell stated the Tri-County Hospital is in the appeal process and she will provide the Board with any future information.
Comm. Stevens stated Mr. Duncan McCallum submitted a letter dated June 30, 2004 announcing his resignation from the Planning and Zoning Board effective November 17, 2004.
Chairwoman Rooks announced a special meeting scheduled July 6, 2004 at 6:00 p.m. to be held in Courtroom A.
Mrs. Fink stated her appreciation of the Board and treasures the fact they are willing to address controversial issues such as land use.
Mr. Gilbert expressed comments opposing the newly implemented process of Ex-Parte Communications and Quasi-Judicial Hearings for zoning matters.
Atty. Brown responded to Mr. Gilbert stating the Board approved a resolution adopting the new process of Ex-Parte Communications and Quasi-Judicial Hearings for zoning matters. Atty. Brown explained to Mr. Gilbert this process is not a new judicial process, however, the Board needs to exercise the process to protect their decisions.
Mr. Gilbert stated this new process discourages the Board from discussing issues with individuals and he believes the process is unfair.
Atty. Brown responded to Mr. Gilbert saying other Florida Counties have experienced lawsuits due to conducting meetings without implementing this process.
Mr. Gilbert stated it would be difficult to make an intelligent decision without proper research and site visits and furthermore, may discourage individuals interested in becoming a County Commissioner in the future.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COMMISSION THE MEETING ADJOURNED.
Lilly Rooks, Board Chair
ATTEST:
Danny J. Shipp, Clerk of Court