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SPECIAL MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
June 7, 2005

The Special Meeting of the Board of Levy County Commissioners was held on June 7, 2005, at 6:30 p.m. in the Levy County Board of County Commissioners’ meeting room, with the following Commissioners present:

Vice-Chairwoman Nancy Bell
Comm.  Sammy Yearty
Comm.  Lilly Rooks
Comm.  Danny Stevens

Also present were:

County Attorney - Anne Bast Brown
County Coordinator - Fred Moody

PUBLIC HEARING

Atty. Brown stated this is the second of two public hearings regarding Ordinance #2005-02 amending Levy County Code provisions governing special exceptions for mining, excavation and extraction of minerals, resources and natural resources. Atty. Brown informed in 2002, the Board adopted Ordinance #02-07 governing special exceptions for mining operations and governing provisions for landfill operations, however since that time operations have dictated changes are needed in order to provide clarity to definitions, processes and requirements governing major mining and minor excavations. Atty. Brown further stated clarification is required in the lists of permitted and special exception uses contained in the Code for the districts in which mining operations may be allowed by the special exception process.  Atty. Brown concluded this ordinance proposes to provide the needed clarifications as well as provide for sufficient hearings.

Vice-Chairwoman Bell opened for public comments, none were given.

Atty. Brown read Ordinance #2005-02 title into the record:“An Ordinance Of Levy County, Florida, Providing That Ordinance 02-07 Be Amended; Providing That The Levy County Code Be Amended By Amending Sections Related To Ordinance 02-07, Including Sections 50-1, 50-776, 50-850, And 50-882 Of Such Code; Providing For Amendments To Provisions Governing Special Exceptions Involving Mining, Extractions, And Excavation Of Minerals And Natural Resources; Providing For Severability; Providing A Repealing Clause; And Providing An Effective Date”.

Comm.  Rooks moved to approve and adopt Ordinance #2005-02 as presented. Comm.  Yearty seconded and the MOTION CARRIED.

Atty. Brown stated this is the second of two public hearings regarding Ordinance #2005-03 amending Levy County Code provisions governing support and operations facilities related to the extraction of water for bulk or retail sales.  Atty. Brown informed in an effort to clarify that the Board’s intent was not to interfere with the State scheme or to attempt to regulate in areas where the State has preempted local regulation, the proposed ordinance amends the language governing special exceptions for support and operations facilities related to extraction of water for bulk and retail sales; in addition, since the support and operations facilities differ in many ways from the classic mining operations governed by Section 50-850, Levy County Code, the proposed ordinance removes the provisions governing support and operations facilities from such Section 50-850, Levy County Code, and creates special exception provisions solely for such support and operations facilities.  Atty. Brown further informed after consultation with staff and outside counsel it is advisable that the revisions governing setbacks and buffering be reduced to one-half (½) the setback and a portion of the buffer increases recommended as well as recommendation for the notice requirement to remain at individual notice to properties within 300 feet from the subject property line.

Vice-Chairwoman Bell opened for public comments.

Ms. Velma Cord suggested language amendment to the ordinance by addition of the following: ‘now therefore be it ordained by the Board of County Commissioners in Levy County that at the earliest practical opportunity that the Levy County Board of County Commissioners be given access to the results of any environmental impact related studies conducted in support of a water extraction permit by it from the State for extraction projects located in Levy County or within such proximity to the County as to potentially effect the County’s access to quality ground water’.

Mr. David Leach expressed distrust of state or federal government regulations purposed for protection of water rights.

Ms. Judy Paradiso stated emphasis should be given for education rather than merely regulation.

Mr. Tom Overstreet stated the ordinance is misleading, does not reference applicability and concluded the County should not impose infringement of property rights.

Mr. Cannon expressed inability to regulate the extraction of water, and stated focus should be for obtainment of profit thereof.

Mr. Ed Paradiso expressed personal and professional intent for protection of resources and requested the Board’s reconsideration of this proposed ordinance.

Mrs. Renate Cannon informed of water management district processes and stated no opposition to proposed ordinance.

Atty. Brown read Ordinance #2005-03 title into the record: “An Ordinance Of Levy County, Florida, Providing That The Levy County Code Be Amended By Creating A New Section 50-883 Of Such Code And Amending Section 50-776 Of Such Code; Providing For Criteria, Standards, And Conditions For Special Exceptions For Support And Operation Facilities Related To The Extraction Of Water For Bulk Or Retail Sales; Providing For Severability; Providing A Repealing Clause; And Providing An Effective Date”.

Comm.  Stevens moved to approve and adopt Ordinance #2005-03 as presented. Comm. Yearty seconded and the MOTION CARRIED.

THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COMMISSION, THE MEETING ADJOURNED.

__________________
Tony Parker, Chairman

ATTEST:

_______________________
Danny J. Shipp, Clerk of Court