By Linda Dean Cooper
The March 19, 2024, regular BoCC meeting agenda was amended to hear a special issue concerning the Children’s Table Community Garden land donation and power pole. This item exposed the conflict between county code enforcement and the Levy property appraiser denying the charity ag exemption that would have electricity legally permitted to operate the irrigation well.
Warning of Unintended Consequences
Building official David Meyer said “I don’t issue electricity unless you’re going to build a building permit for it, or you have an Ag exemption. If you’ve got an Ag exemption, then it is issued with no questions asked. So we’d have to change our code or do something to make this work. The only thing I’m going to say is be careful of unintended consequences.”
Property Appraiser Jason Whistler said, “This is something that we’ve been having problems with for a while, as Mr. Meyer said; they will not issue a power pole without Ag. A lot of these farmers are future farmers, can’t get their operations up and going without a power pole. So, they’ll come to our office seeking Ag before they have anything going, and I can’t grant it before they get cattle out there. So, a lot of people are stuck in limbo and it’s really unfair to these people. “
Chairwoman Mills who is a farmer, mentioned that some farmers use portable solar-powered generators in fields without electricity. No one acknowledged that suggestion.
Property Appraiser Has the Authority
There appears to be another option the Property Appraiser did not mention that gives him the authority to use Florida Statute 194.011(1) to grant the Ag exemption to the community garden. That statute states that upon receipt of sufficient evidence, as determined by the property appraiser, that demonstrates that the applicant was unable to apply for the classification in a timely manner or that otherwise demonstrates extenuating circumstances that warrant granting the classification the property appraiser may grant the classification.
The board wanted another layer of bureaucracy and instructed staff to write a new ordinance. This wasted staff and planning commission time which would have been better served creating animal control ordinances and addressing the problems with antiqued subdivisions like Williston Highlands.
One of the biggest unintended consequences of “community gardens” could be that once the power poles and wells are in place, it is almost impossible to terminate the electric service. This unintended consequence came up in discussion during the planning commission meeting and then in the regular BoCC meeting that community gardens could pop up anywhere and increase the already problematic issues with squatters in Levy. Another comment in the BoCC meeting was that law enforcement would be called when if owners of the garden felt there was theft or parking issues from these gardens.
This ordinance was on the verge of passing until the unintended consequences were brought up. Commissioner Matt Brooks withdrew his second for passing the motion, then Commissioner John Meeks withdrew his original motion to pass legislative Ordinance No. # 2024-02. The proposed ordinance died.
Black Prong Ag Exemption Challenged with Written Complaints
Another issue with Property Appraiser Whistler is the Ag exemption granted to Black Prong Equestrian Village that significantly reduces the taxes paid by owner Reid Nagle under the guise of agritourism. Last year two written complaints challenged Black Prong Ag exempt status. Agritourism is defined in Florida statute 570.85-570.89 as follows:
(1) “Agritourism activity” means any agricultural-related activity consistent with a bona fide farm, livestock operation, or ranch or in a working forest which allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy activities, including farming, ranching, historical, cultural, civic, ceremonial, training and exhibition, or harvest-your-own activities and attractions. An agritourism activity does not include the construction of new or additional structures or facilities intended primarily to house, shelter, transport, or otherwise accommodate members of the general public. An activity is an agritourism activity regardless of whether the participant paid to participate in the activity.”
Black Prong’s website boasts of “luxury dining, fully furnished rustic cottages, pool, and custom-built luxury tiny homes to make it easy to relax on your stay, whether it is just for the weekend, or for the season. Airstream trailers offer the opportunity to experience camper life, and if you have your own RV, we offer full hookup sites. Equestrians can bring their four-legged companions along with a variety of stabling options available with paddock access.”
No other local restaurants, bars, RV parks, or motels are afforded the same reduced taxes that an Ag exemption provides as Black Prong. Two complaints were filed to the property appraiser’s office last year challenging Black Prong‘s Ag exemption status, but to date have not been addressed or removed.
Nagle also owns All-In-Removal, a company based in Marion County that hauls tons of barn waste from surrounding counties to dump into Levy County. Most of the dumping is taking place off of Levy County Road 326 to land owned by Eddie Hodge, owner of Derby Gold in violation of the composting manure ordinance 2023-11. Complaints have been voiced in public comments and written complaints to code enforcement, but ten to twenty, 100-yard dump trucks daily keep dumping barn waste on Hodge’s property.
It appears incumbent and embedded officials do not care to enforce our local ordinances nor use Florida Statutes in place to protect citizens. Time to say goodbye to those public servants who are self-serving!
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Posted June 3, 2024
