Dunnellon septic tank ban advances; builder complains
City Council looks into legality of code change to require water hookup for new development.
BY LORA E. IDE SPECIAL TO THE STAR-BANNER
DUNNELLON - City Council voted unanimously Monday to move forward with a change to the city code that would ban installation of septic tanks for new homes along the Rainbow River and require all new development to tie into city water lines.
During Monday's meeting, a letter protesting the proposal was read into the record from attorney Clark Stillwell, who represents Gerald Dodd, developer of Rainbow River Ranch LLC.
"Under the city's land development code, if you are in the agricultural district, it [the code] clearly indicates that in the agriculture district you are not required to do central water and central wastewater," Stillwell said during an interview Tuesday. "The comprehensive plan makes the same statement. The city wants to change the land development code and not its [comprehensive] plan. State statutes require that those land development codes be consistent with the plan. To the extent that they are inconsistent, that's not appropriate, and the plan controls."
City Attorney Ted Schatt asked Monday to be given time to research whether the proposed change could potentially leave the city open to litigation.
Council Chairman Dan Rutkowski said the issue would come up during a June 20 workshop; he asked Schatt to give an opinion at that time. A final vote on the ordinance will come at a future meeting.
In a related matter, council went into closed session Monday with its attorney to consider another settlement proposal by Rainbow River Ranch LLC, developer of a 250-acre property north of County Road 484 and east of the Rainbow River.
Stillwell said the latest terms offered to resolve the issue, which concerns a revoked tree permit, were that "the existing permit would be good for six months, and then it would be rescinded. We would pay the $900 under protest [as ordered by the code enforcement board], which we have already done, and they have accepted under protest.
"Everybody else would pay their own costs. And finally, all the litigation would be dismissed. And I think we put in there a proviso also that under the permit that would remain for six months, that before we exercised any further tree removal with that permit, we would mark the trees and notify the city, giving the city the right to protect those trees."
Rutkowski said the proposal had not been accepted Monday and litigation would continue.
Last fall, after environmentalists across the state protested tree removal by Rainbow River Ranch LLC along the banks of the Rainbow River, the clearing permit was revoked. This happened at the first council meeting after the fall election, minutes after three new council members were seated.
Dodd sued over the revoked permit and complained that he had not been afforded "due process" when the vote was taken to revoke the permit. This led to council members asking the city's Code Enforcement Board to consider the issue in a quasi-judicial proceeding that took place in late March and April.
That board, whose chairman is Curt Bond, sided with the developer after hearing from tree experts from both sides.
On Monday, council voted to remove Bond as chairman of the board.
"He does not seem to understand development," said Councilman Ken Chesterfield. "He has stated publicly he thinks this means when roads go in. He offers poor leadership skills, and he does not apply code."
"The City Council has disregarded every ordinance we have," Bond said Tuesday. "The city can't afford the litigation that's going on right now over how they [council] suspended the tree-cutting permit. According to every legal person I've talked to, revoking that permit was absolutely incorrect. They [council] did it against every statute and every legal approach."
Bond said he was a volunteer on the Code Enforcement Board for eight years, serving as chairman the past four. Since council members recently voted to give themselves the right to appoint chairmen for volunteer boards, Bond said he had no idea who might fill the position.
In addition to the hearing on septic tank installation along the Rainbow River, there were four other public hearings on amendments to the city code as it applies to historical and archaeological resource protection, habitat and endangered species, and zoning codes.
"To the extent that they are inconsistent, that's not appropriate, and the plan controls."
The council considered but did not accept a settlement proposal by developer Rainbow River Ranch LLC.