By Linda Dean Cooper

Without much fanfare or discussion, on March 18, 2025, the regular Levy BoCC meeting Ordinance 2025-03 passed unanimously.  Why would the BoCC with the help of County Attorney Nicole Shalley, want staff to be the final and only authority to approve excavation permitting?  Was it because during the 2024 Thomas 3RT public hearings the BoCC took a beating from the public and after approving the court system quashed the approval of a special exception for the 3RT sand mine in Levy County?

Staff botched handling of the 3RTsand mine, so much so, perhaps the commissioners have decided through the power of the ordinance process to give “staff” authority to permit excavation and fill as a temporary use through ordinance 2025-3, and never go before the public.  

Stacey Hectus, the then-planning and zoning director, was responsible for the project riddled with missteps and notification errors. She was responsible for notifying the public that owned lands that might be affected by the sand pit and traffic issues.  She presented detailed plans to the Planning Board for their input, which was open to the public, informed the BoCC of the Planning Board’s recommendations, and documentation of legal advertising for public hearings.  The new ordinance has eliminated that very public process.

Commissioners are Compensated $100,000 Including Benefits Set by the State

Each commissioner costs taxpayers approximately $100,000, annually for salary, and benefits, including retirement and health insurance. They are elected officials who are held accountable by agencies like the Florida Ethics Commission and by the public in public meetings.  Elected officials submit financial forms that are open to the public.  If the public believes a potential ethics violation exists, a complaint can be sent to the Florida Ethics Commission for review. None of those safety nets for elected officials applies to county employees.

The Devil is in the Details – So Many Questions

Bernard “Bo” D. Cox, the Provisional Building Official working under the previous building official’s license, presented to the BoCC by reading the brief introduction of Ordinance 2025-3. Anyone unfamiliar with how the legal mumbo-jumbo works would have thought it was mostly housekeeping items for changing building permit fees when it stated that “amending the schedule of fees, rates, and charges” was all there was to it.  But the devil is in the details.  The introduction paragraph stated, By Amending Section 50-718 to Transfer Authority for Permitting Temporary Excavation and Fill Activity from Development to the Planning and Zoning department.  Tara Howell replaced Stacey Hectus as the Director of Planning and Zoning and will decide who does and does not receive excavation permits.  She did not present the ordinance with Bo Cox which left the impression it was only a fee change.  It was not!

See #6 on the Agenda for Item Justification

“To amend the current code revisions to Development Department fees, obsolete language, and authority for permitting excavation and fill as a temporary use.“

No Discussion for the Transfer of Power or Defining of Temporary

The public process was eliminated with this new ordinance. The power is now in the hands of the newly hired Planning and Zoning Director Tara Howell. She appears to have total control with no real oversight.

There was no discussion or documentation to define how much time was allotted for temporary, the volume of excavation, or the public’s ability to see forms and permits, etc.  The ordinance listed a $125 fee plus the actual cost of an external consultant review.  But if you look at line 39 of the document, it will give citizens pause for concern: “WHEREAS, in reviewing the fees for the Development Department, County staff determine that the permit for excavation and fill activity is a County zoning permit for a temporary use and is not a permit issued pursuant to the Florida Build Code. As such, the Ordinance moves the fee and revises the associate language in Sec. 50-718(4) to the County Planning and Zoning Department.

Decisions Based Solely on the Opinion of Staff Problematic

Another serious concern is the language where the authority lies on page 12, line 1, “In the opinion of the county staff, presents a threat to the public health, safety or general welfare of adjacent properties or community.  There it is again, the opinion of county staff has no definite facts or explanations, only staff opinion.

Will Permits be Available for Public Viewing?

Where will the information reside for the public to know who was awarded an excavating permit or building permit? Other property appraiser websites provide building permit information.  FEMA damage claims usually ask for permitting information. It is also an invaluable source of info to new property owners and should be part of the Levy Property Appraiser website, but it’s not.  PA Jason Whistler’s website lacks consistency, with few details such as cutouts for different areas of a property, i.e. ag vs vacant for evaluating tax values on the same parcel. 

Based on my public records request for Property Appraiser Whistler’s numerous email exchanges with the previous Planning and Zoning Director Hectus in a January 17, 2024, email referred to a Popcorn Meeting in the subject line gives the impression of a very cozy relationship.

Bottom Line: While collaboration between the Property Appraiser and Planning/Zoning is normal, the Property Appraiser should not have the decision-making authority or undue influence over zoning matters.  Their role should remain independent to maintain fairness and public trust. 

Government Should Not Pick Winners and Losers

This ordinance is ripe for our local government to continue picking winners and losers of the citizens it represents.  If no guidelines, or processes and procedures are in place a singular employee can affect many lives and businesses.  If the commissioners feel they cannot take the pressure of public hearings or political heat, express their reasons for voting in a particular way, and stand their ground with their convictions, they should step down and not run for office.  Local government picking winners and losers along with their tax and spend mentality has got to stop!

Reminder: This newly approved ordinance can be repealed if enough pressure is brought to bear on the BoCC to go back to the more public process for “excavation” permits. Farmers and property owners should not need a permit to dig sand on their property.

PDF of Ordinance 2025-3

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Posted March 23, 2025