By Linda Dean Cooper
The controversy surrounding the 3RT sand mine special exception has drawn attention to the actions of Stacey Hectus, former Levy County Planning Director, now the Community Development Director at the City of Newberry. Critics argue that Hectus failed in her duties by not properly informing the public about the 3RT sand mine exception process. This alleged failure contributed to the court’s decision to “quash” the special exception approval for the 3RT sand mine.
The criticism includes claims of incompetence, lack of transparency, or potential bias, particularly in handling public notifications and due process requirements during the exception approval process. Additionally, internal emails between Hectus, Property Appraiser Jason Whistler, and Deputy Appraiser Randy Rutter suggest that she may have been distracted by unrelated activities, such as “celebratory popcorn parties” at work, instead of focusing on public concerns. These emails have fueled further accusations of negligence during her tenure.
Three Major Issues to Note in the Judge’s Sept. 17, 2024 Order Are:
#13 Notice: The notice must be mailed by certified mail at least 15 calendar days prior to the date of the hearing to all real property owners whose property lies within 300 feet, or 2,500 feet for a special exception for electric generating facilities, or 2,500 feet for special exception for mining (without blasting and 49 or less one-way truck trips per day), or two miles for a special exception for mining (that includes blasting or 50 or more one-way truck trips per day) from any property line of the property that is the subject of the application
#16a Traffic Study: Levy County Code Section 50-719(d)(3)(d) states, in relevant part: d. “Hauling requirements. The applicant shall ensure that neither public nor private property will be damaged by the hauling of material, and that hazardous traffic conditions will not be created, as shown by a traffic study prepared by a traffic engineer licensed in the State of Florida, which study shall be submitted by the applicant with the application.”
Alice Lalonde of the Levy Road Department stated in the public hearing “The road dept will re-evaluate the situation. Once it’s open, we will do more traffic counts and from there but at this time, no, it does not warrant
Code requires a traffic study to be submitted with the application.
#16b Wildlife Impact Study: An additional safeguard and requirement of the applicable Code contemplates a completed wildlife impact study prior to Application approval. In the record evidence submitted, transcripts of the following hearing reveal such a requirement was not met prior to approval (transcript Page 19 line 18 through page 20 line 4 of the February 6, 2024,transcript of proceedings before the BOCC filed with the Clerk of Court at docket entry no. 8):
Below is a PDF of the well-cited order by Circuit Judge Craig C. DeThomasis :
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Posted September 20, 2024