The Newscaster/Nature Coast News
PAGE 11 - August 5, 2009
Yankeetown Mayor s Report
Editorial - Opinion - Commentary
A Guest Commentary by Dawn Clary
Letter to the Editor:
Legal Front – Good News! The First District Court of Appeal has ruled in the case of
Re: Response to two June Letters to the editor
Izaak Walton Investors vs. Town of Yankeetown Board of Adjustment. They have upheld
At Tarmac America, it is our goal to keep the public continually informed as we move
the lower courts decision which was in favor of the town. IWI claimed that they were not
towards the opening of the King Road Mine. We recently launched an updated website to
given due process during the BOA’s hearing on their appeal of our zoning official’s find-
provide answers to questions, stay informed of our progress, and provide general informa-
ings denying much of the proposed waterfront project on the Withlacoochee River. IWI
tion on the company’s plans and activities in Levy County.
argued that the town had failed to give them due process by giving inadequate notice of the
We would like to summarize a few major points of information which we feel are of
hearing date, holding the hearing “late” on a Friday evening, precluding the introduction of
primary interest to the community.
evidence at the hearing, failing to disclose ex parte communication and failing to exhibit
1. Water usage – Based on the permit application before the Southwest Florida Water
freedom from prejudgment. They also took issue with the fact that the board did not grant
Management District (SWFWMD), Tarmac will recycle over 99% of the water used in its
them a continuance which was requested at the original hearing. The original BOA hearing
operation. Only 123,000 gallons, the water use requested in Tarmac’s SWFWMD permit
was held on June 8th in 2007. A second challenge to the zoning official’s decision was also
application, is absorbed in the limestone and will leave the site with the finished product. It
heard that night. This challenge was filed by Yankeetown citizens, John Ward Smith and
is important to note that the actual water usage on the 4,800-acre mine site each year is less
others, who argued that the zoning official’s decision was not stringent enough. The BOA
than the amount needed annually for a 100-acre crop farm in Levy County.
agreed with this challenge but ruled against IWI’s position and upheld the zoning official’s
2. Mine Size - The King Road Mine will be a regional mine, primarily serving the local
report. Legal actions then took a tortuous path. IWI went to the Levy County Court, filing
market and areas within an 80-100 mile driving range. Of the entire mine site, only 2,700
against both hearings that the BOA had held that night. The Levy county court ruled in our
acres will be mined over a period of 100+ years at a rate of about 25 acres per year, leaving
favor. It was almost immediately appealed. The two cases, the town and John Smith’s, were
the rest of the acreage either undisturbed, or for roads and processing areas. An adjacent
joined together. The appeals court sent them back to the lower court to allow IWI a further
parcel of 4,500 acres will be restored into native Gulf Hammock and donated to the state of
response. The lower court’s position didn’t change. It went back to the appeals court. Final-
Florida for conservation and preservation – all of which will be funded by Tarmac.
ly, the appellate court has ruled denying IWI their petition. The decision was “per curiam”
3. Need for Aggregate – Published reports from the Florida Department of Transportation
which is legalese for a decision that is issued by an appellate court with multiple judges in
(FDOT) show the growing (and unmet) need for construction-grade aggregate in the com-
which the decision is made by the court acting as whole. If you can follow all this you may
ing years. This is precisely the material that will be produced at the King Road Mine for use
want to consider law school. At any rate, it is good news for the town, after more than two
in area roads, homes, schools and hospitals. Using material from the King Road Mine can
years from the original BOA hearing, it appears to be resolved in our favor.
significantly reduce the cost of aggregate used in local government projects.
Hospice Volunteers Needed – There is a shortage of Hospice volunteers in our area.
Tarmac has been a supplier of construction materials in Florida for over 25 years, em-
These volunteers would be non-clinical meaning they do things such as keep a person com-
ploying nearly 1,000 people statewide. We welcome a conversation on the merits of the
pany while a caretaker spouse takes a break or runs errands. If you are interested in helping,
King Road Mine, and firmly believe this project is a responsible, sustainable and viable
contact Marcey Mast, Hospice of the Nature Coast, 352-527-6613 or 866-642-0962
endeavor for Levy County. Every aspect of our process -- including completed studies, re-
Just so you know – A comment was made in the paper last week that none of the town
search and reports -- is public record and open to review. We urge the public to research the
officials attended the Forestry presentation on tree pruning at the WGP, July 21st. Many
project, gather the facts, and then make their own informed decision.
of the town officials would have loved to have attended but unfortunately there was an
Please visit our local office in Inglis (#24 Highway 40 East, Inglis, FL 34449) where we
important legal proceeding on the same day. Quote of the week from a YT Councilman, “I
are happy to meet with you and provide more information. In addition, if you would like
can’t be in two places at once”. Good Night and Good Luck, Dawn Marie Clary, Mayor of
someone from Tarmac to speak to your group or organization, please contact us to arrange
Yankeetown
a presentation. We look forward to being a community and business partner in Levy County
Comments On The Tarmac Mine Poll
for many years to come. Jeff Harris, Plant Manager, King Road Mine Albert Townsend,
Director of Real Estate and Environmental Services, Tarmac America
Via Voicemail: Inglis-Yankeetown - Yes my name is James Harris, I don’t know if y’all
are redoing the poll for the King mine or not but I am for the mine.
Correcting The Record
Via Voicemail: Lake City - Hey, my name is Deb Anniston (inaudible) I wanted to say no
My 21 year old brother, Jason Posluszny, was killed, as a passenger, in a car with a
to the Inglis Mine. I wanted to make sure that is heard. I have some reservations about
driver he did not know on Saturday July 25th. The first person on the scene, an RN tried to
polling and there are a lot of us out here that feel that way. I wanted to make sure that is
save my brother’s life. Despite her heroic efforts, he died.
recorded thank you very much. Check next week for your comments. Voice your opinion,
Citrus County deputies, one of which I spoke with personally who was on the
call our comment line and leave your name and comments: 352-897-0381.
scene told me that Jason was the only person in the car wearing his seat belt. He also told
me other details he saw with his own eyes, indicating a crash victim wearing a seat belt.
Corporal Wells of the FHP, who is handling the investigation of the crash, told me Jason was
wearing his seat belt. He is the lead investigator of the crash and when he says something,
it’s the truth.
Restaurant the Border!
Despite all of this, due to FHP procedute, an error in their crash report was made
saying that my brother was not wearing his seat belt. This error occured because the RN
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who tried to save my brother’s life removed the seat belt and began live saving effots. Stan-
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dard EMT procedure is to cut the seat belts if a crash victim was wearing them. Since he
was already out of the seat belt, it was not cut, and as a result, it was reported that he wasn’t
Crystal Terrace Shopping Center
wearing his seat belt.
Monday-Thursday
This is being corrected in the official report and will be rereleased. So let me be
11 am - 2 pm & 5 - 9 pm
very clear: Based on not only things people at the scene moments after the crash told me,
Friday
but based on things I have seen with my own eyes, Jason Posluszny was absolutely wearing
11 am - 2 pm & 5 - 10 pm
Saturday
his seat belt at the time of the accident. He always did, because that’s the kind of person he
Noon - 10 pm
was. Trust me, I know.
Sunday
All he has left is his memory. All our family has left of Jason is his memory. IIt’s
Yes, We Have Beer &
Noon - 9 pm
Lunch & Dinner Served
very important that it be reported correctly. He was the kid who yelled at you to put your
Dine-In or Take-Out
352-795-5251
seat belt on. And he was wearing it that night. Matt Posluszny, Hernando
Buddy & Fred’s Hardware
Inglis
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