SPECIAL MEETING

LEVY COUNTY BOARD OF COUNTY COMMISSIONERS

November 2, 1999

 The Special Meeting of the Board of Levy County Commissioners was held on November 2, 1999 at 7:00 p.m. in the Levy County Board of County Commissioners’ meeting room, with the following Commissioners present:

Chairman Frank Davis

Vice Chairman Wilbur Dean

Comm. Don Foley

Comm. Lilly Rooks

Comm. Sammy Yearty

 Also present were:

County Attorney Gregory V. Beauchamp

Clerk of Court Douglas M. McKoy

County Administrator William C. Cobb

 ORDINANCES

 The Chairman called the meeting to order at 7:00 p.m. for the public hearing on the proposed noise ordinance.

Mr. Greg Beauchamp said the hearing had been properly advertised and the legal body of the ordinance was being presented as advertised.

Mr. Dean Pruitt, promoter of Bronson Speedway said he was concerned if his business would be exempted under Section 80-6 for specific noise disturbance between 10:00 p.m. and 7:00 a.m. since the races are not normally over until approximately 11:00 p.m.. Mr. Pruitt said it was understood the race track was a pre-existing commercial business established prior to December 31, 1990 but he was concerned in Section 80-10 on the statement "said commercial business shall not emit a noise which exceeds the maximum noise limitation for the receiving land use by more than ten (10) decibels."

Ms. Krista Kelly said a decibel reading should be taken to determine if the racetrack even reaches the levels outlined in the ordinance and Section 80-6 was being recommended in order to address other recreational activities. Ms. Kelly said standards are not set by development but by noise limit and limitations for future expansions need to be addressed for all commercial enterprises as expansions could create an increase in noise levels.

Ms. Kelly responded to inquiries from the commissioners on barking dogs and squawking animals, that the committee discussed how to address the issue of barking dogs and the proposed ordinance was reviewed by the State Attorney Office on this controversial issue. Comm. Rooks said Sheriff Glass was concerned the issue of barking dogs be addressed to assist his department in responding to complaints from the community.

Mr. Ron Grant said the proposed ordinance could direct the issue of barking dogs to residential subdivisions which are higher populated and allow other standards in agriculture areas.

Ms. Kelly said the proposed ordinance is trying to address the noise problems occurring in the urban municipal service districts.

Comm. Yearty moved to delete from Section 80-6 (3)(b) for dogs barking, baying or other noise for a continuous period of fifteen (15) minutes. Comm. Dean seconded. Comm. Foley said if the portion on barking dogs was deleted it would affect people who have problems with barking dogs in their neighborhoods and not leave them any recourse for their complaints. Chairman Davis recommended trying to simplify the issue and not create problems for enforcement of barking dogs. Comm. Yearty voted YES and Comm. Rooks, Comm. Davis, Comm. Foley and Comm. Dean voted NO and the MOTION FAILED.

Chairman Davis, after further discussion by the Board, requested that Ms. Kelly and the committee obtain documentation on the number of complaints received by the Sheriff’s Office for barking dogs to determine whether or not the ordinance was enforceable and see if it would provide assistance in dealing with this problem.

Mr. Beauchamp said a public hearing would be scheduled November 16, 1999 at 7:00 p.m. to continue review of the proposed noise ordinance.

THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.

Frank Davis, Board Chairman

ATTEST:

Douglas M. McKoy, Clerk of Court