Bypassing Your Civil Rights written by Patricia Stumbaugh

I would like to say this story is about the proposed Ocean Concrete batch plant in Indian River County, but it isn't. This letter is about the rights that are guaranteed by the laws of the State of Florida, Indian River County and the United States of America. There is a new way of circumventing people's right to fair and equal protection under the law. I'm referring to the use of the land development code to bypass the notification in zoning changes to the department of community affairs. Any changes to the comprehensive growth plan have to be added and approved by the State. In my book if it walks like a duck, and quacks like a duck, it's a duck.

Did the Planning Department work both ends against the middle when it came to helping Ocean Concrete get its permits? All types of different skullduggery appeared to be in play, when the neighborhood homeowners became involved. I submit this is a case of buyer beware, and lack of due diligence on the part of the homeowners. The train and the classification of light industrial were in place way before the residents moved into the area. The area was zoned light industrial and more specifically the concrete plant was one of the permitted uses.

Next, the opposition drug out the historical aspect of the road and tried to say the road needed to be saved. They also used a man who said one thing in his book and tried to change it to suit the County. Sounds like a conflict of interest, not to mention the lies before the Board of County Commissioners. It makes it a lot easier to present your reasons to "Stop Ocean Concrete", when you have a homeowner who has a team of 1000 lawyers doing research.

WHAT REALLY MAKES IT INTERESTING IS WHEN A HOMEOWNER FILES AN APPEAL AGAINST A SITE PLAN BEFORE THE SITE PLAN IS EVEN BROUGHT UP. The Sebastian e-mail tells the story.

So, with those two problems shot down by the owners of the concrete plan why couldn't Mr. Maib get his permit? He jumped over every hurdle put in front of him. If it were not for the stall and delay tactics, this plant would already have been up and running. He has been trying since 2005, why has it taken so long? The State has already issued permits. Jobs would have been created due to the building of the plant and the amount of spin-off jobs created would have helped lower unemployment numbers.

So, as a newcomer onboard, I tried to get answers to this puzzle. I went to the county and talked with county employees to find out if the plant could get permitted. I was very surprised to find out how much the average county employee knew about the project. I was even assured by the staff in planning and zoning that I could buy in that area because the plant would never get the permits, even with the court case pending. Sounds like the deck was stacked against Ocean Concrete. Was just "nimby", not in my back yard, working overtime or was there another reason?

I went to see for myself what was down the road. I was very surprised to see the condition of the few houses that were on the almost empty blighted road. There was a dilapidated older home with holes in its roof that looked like it was ready to bite the dust. I guess they don't have code enforcement in Indian River County because the building should have been destroyed as a hazard. I would even go so far as to say a homeless person would pass it by. I wonder if they store agriculture products in there. Talk about an accident ready to happen, that place is it.

Next I saw what appeared to be an old junk yard with old scrap autos in the front yard. I wonder if any of these citizens came to speak before the county commission. The first "green" concrete plant in the State of Florida would have outshined these seedy derelict buildings. The concrete plant is needed and necessary to the health, safety and welfare of the citizens of Florida.

So what was so important to stall and delay the plant? The county is the holder of the final permit and they can come up with all sorts of tactics to derail this project. The I.R.S. boys taught me to always follow the money. If I heard it once I heard it a hundred times. They were always right. It took a lot of research to try and figure this out. But I'm like a pit bull with an old bone, I just keep worrying it to death until I get to the truth of the matter.

Then I wonder about the FEC railway owned by Fortress Investment Group. Some worthwhile research produces the information that John Edwards invested 16 million in the group and was a consultant for the group. He was indicted this week for misuse of campaign funds. I wonder, when he and Obama met on Feb.17, 2008, if Edwards' endorsement included that Obama would throw some stimulus money our way for the new bullet train? Where would this new wonder go? Would it go further than just Tampa to Orlando, or would it go to Jacksonville, or travel down to Vero Beach? Would Vero Beach become a new hub and change an over connecting place?

Wouldn't it be funny, if the GOB homeowner association scared the homeowners into trying to stop Ocean Concrete only to find out that their good will had been used and abused and that the group was being used by the lobbyists for the railroad owners to reclaim the station or the railroad spur that Ocean Concrete has. All these permits were not given out by various other agencies if they did not expect the site plan would go sailing through the hoops and hurdles. I have never seen such a concerted effort to foil one person's American dream. Members of both the county and the city commission met out of the sunshine and didn't disclose their connections to the Indian River Home Association. The e-mail proves that they worked together to stop Ocean Concrete and in doing so they violated this man's rights.

The money according to them is nothing "personal "but their efforts to prevent what was legally permitted and the manner in which they worked in concert and out of the sunshine leaves a lot of questions and was definitely personal. Even their snide remarks about "gorgeous George" were personal, that they sent to the city of Sebastian that became public record were personal. So much for a man's word is his bond and there goes fair and ethical government down the drain.

Paradise Lost

This man fought for his American dream for almost seven long tedious years, he has lost his home, but his faith in the justice of the land he loves and cherishes still shines bright. He was building his plant the right way, he has a degree in environmental studies, it was his dream. Some kids play firemen, some play police and others dream of building. I'm proud to say that my friend George Maib turned the other cheek every time people said something bad about him. He is the kind of man any mother would be proud to call son and I'm proud to call him friend.

He plays by the rules and he just wanted a fair hearing and the chance to explain his dream. But in Sebastian it's not what you know, it's who you know. He never got that opportunity. The homeowners listened to the fear mongering and the lies, and the hatred, spread like an out of control brush fire through the community. What started as a pebble turned into a mountain of fear and mistrust. No one wanted to hear the truth. It is a "David and Goliath" situation. One man holding the lanterns of truth and a whole town willing to break the law because they thought the ends justified the means. Fairness and fair play don't exist in Sebastian.

You can feel the hatred and hear it in the voices. People don't even know the man but just the mention of the two words, Ocean Concrete, and hatred spills out. Whether it's the lady at the election office or the receptionist who called upstairs to the editor and said George was there about the article in the paper. The editor refused to come and talk to George and pretended like we were not there. We never said a word about any article. We went there to share some documents.

I don't know how one person manages to hold up his head, but if you can look in the mirror in the morning and still like what you see, and know in your heart you did not do what everyone is accusing you of doing then you're a hero in my book. My friend doesn't have a mean bone in his body, he just keeps on trucking and he looks for the good in everyone.

Sebastian and the Indian River Home Association only believe in winning and they don't care how they do it. I taught my children it isn't whether you win or lose, it's how you play the game. Except if you live in Sebastian! Yes, Ms. Freed, you should be very proud of your elected officials in Sebastian. They have set a good example.

 

Liar, Liar, Pants on Fire!

If you give politicians enough rope, sooner or later they will hang themselves and that's exactly what happened between the city commissions in Sebastian and the county commissioners in Indian River County. They give new meaning to the term "cronyisms "and "cigar smoking good old bad boy "politics , hereafter referred to as "GOBBS". I could not believe my eyes when the documents started to fly. No one, and I mean no one, expected anyone to check, but someone did and uncovered the "smoking gun" in the Ocean Concrete affair. These documents may give new meaning to the word collusion. Score one for the "American's for Fair and Ethical Government". It's sad but true, the GOBBs , never expected the average concerned citizen to spend the time or the money to prove the point. But when ethical government and the U.S. Constitution were spoon fed to you as a child and you grow up believing that your government is supposed to function a certain way, imagine the shock when you find out this is not the way real government functions. Remember, a politician is a "con man who just hasn't been caught."

Speaking about getting caught, these politicians are down for the count. There is a very old Italian saying that states" the more you tell a lie the more it becomes the truth". Well these commissioners have told so many lies that I am surprised their mothers didn't wash their mouth out with soap. My Aunt Peg told me if you tell one lie you have to tell two more to cover it. My aunt was right on the money. My husband likes to remind me that "the truth only hurts once, a lie hurts forever". Now you know how the "ethics crusader" feels about liars, so let's print the truth and you can judge for yourself.

 

Which came first the chicken or the egg?

Did the problems for Ocean Concrete start in Sebastian or in Indian River County? Was there a master puppeteer pulling the strings of the shadow governments, or was staff being given directions behind the scenes? Or worse yet, was the authority of the county manager being overridden by the interfering commissioners? Maybe that's why the Indian River County manager can dictate his own overblown salary. Why wasn't he fired after his drinking under the influence ticket surfaced? There's something about being in the same job for twenty-five years, because then you know where all the "secrets" are buried.

 

What a tangled web we weave when first we try to deceive!

There was never any fair and equal permitting process by the county. In my opinion a person applying for a permit should be entitled to fair and equal treatment under the law. If you pay for a ticket to have your review done by the county than they should not be working both ends against the middle. The e-mails from Sebastian seem to prove the appearance of collusion. Not only did the city mayor and commissioner pass a resolution to prevent Ocean Concrete from receiving a fair shake, they never even bothered to recluse themselves from voting. One hand washes the other but in this case both county and city were rubbing their hands together in what appears to be a concerted pattern of corruption. What appeared to be four concerned citizens on a mission to stoop a concrete plant from being built along the railway corridor went from something simple to far reaching tentacles of deceit and lies.

There appeared to be a director leading this merry band of lawyers, commissioners and county planners. How can an honest, hardworking American citizen get a fair shake in the permitting processes, if the staff who is supposed to help him find his way through the maze of hoops are the same people laughing behind his back while they are taking his money for his development. Talk about back stabbers. I wonder if they have on the job training for that, or did they learn this behavior at their father's knee? Is this the kind of honesty and values we want our children to learn?

There were some honest people along the way, some even quit their job rather than march to this corrupt song and other commissioners decided to go fishing because they knew what was going to happen in the commission chambers and they choose not to be there for the vote. Oops, it that what you call omission? Morales conscience, one--good old bad boy corruption, four.

Annexation may be the name of the game. This is more than a case of "nimby", not in my back yard. I don't have any proof of this, just my own political opinion. What if the city of Sebastian wanted to annex the property? It was brought up in one of their meetings, so what would be the prize besides a way to stop Ocean Concrete? The railway spur? No one seems to care about the railway going passed their house and the effect on the water. Isn't the railway one of the boundaries for the community redevelopment agency? Maybe this is a case for the U.S. Attorney to look into and find out why this loophole is being used by so many counties to change zoning laws by changing local land use codes. Remember, what President Reagan told to Russians, if it walks like a duck, and it quacks like a duck, It's A Duck!

Our Rights

You have the right to life, liberty and the pursuit of happiness. You have the right to due process and these rights are provided by the US and State Constitutions. These rights are for our protection. They are in place to protect citizens from the actions of man. When man or men plot to take away these rights it affects all Americans. If they take a right from one of us they effectively take from all of us. When someone steals just one piece of candy from a store it is still stealing. Stealing vested rights is what this LDR amendment is all about.


Changing the text of the zoning law 911.11 of Indian River County has done just that and I have found evidence that it was a strategic, willful and intentional act. There has been a concerted effort of citizen and elected officials to work together to stop the Ocean Concrete project for almost five years. In my investigation I have uncovered some inconsistencies with the rules and regulation of the state and county and these rules have been intentionally omitted for some one's gain. The state regulations for creating Land Development Regulations or LDR's are laid out in procedures that are not open to interpretation. These rules are applied to prevent this type of unfair action. Those rules say LDR's cannot affect land owner rights. In this case it removes the right to use the land for certain types of Industry. The Florida State Constitution states that you have the right to Industry. It is where we get the fact that Florida is a right to work state. This right was taken from Ocean Concrete and America on July 24^th, 2007.
When that right was removed it created a situation where your rights were removed as well. Violating the use right of industrial opportunity takes away the right to use your property as well as Ocean Concrete's, it is just like when someone steals candy. It does not matter how many pieces where taken, that is irrelevant, remove one piece and you still have theft.
The more I dig into this LDR amendment process the dirtier the public record and process gets. Now, it has gone from an unfounded and illegal LDR that is inconsistent with the comprehensive plan (County Land Constitution) to the LDR being the "instrument of corruption". I have asked the county to remove this unlawful LDR and they have done nothing. Doing nothing is going to be the very reason for a big shakeup in the Government. It has never been my intention to get anyone fired or removed from office for creating this LDR change. I have only been trying to repair the damage it has done to our constitutional rights and the right of Mr. George Maib. I have written the county officials and staff asking for action only to have my request fall on deaf ears.  
The plot thickens with every piece of information I read. Someone needs to step in and correct this before more rights are destroyed. Please, call your commissioner and ask for your rights back.  After all, George Maib's rights are you rights too!

  

Scam creats Indian River County road hazards, more trafic, and emmission

In 2007, someone proposed changes to Indian River County Code 911.11. This very code has been used for years to establish fair and consistent protection of every person who lives in Indian River County. This land development regulation amendment eliminated 31 different types of industrial uses permitted along the industrial rail corridor.

Yes, the public is concerned about dust, noise and traffic relative to industry near residential neighborhoods. However, these public concerns were not properly researched and substantiated. The County Commission ordered the Stan Bolins Staff to analyze changing the land development regulation for light industrial and that report said the regulations could be changed the change would not apply to existing applications.

The list of allowable uses for light industry changed with the vote of the commissioners. They adopted the amendment. which now limits our use of light industry for one of its real purposes. The rail corridor is especially important for the safe transport of hazardous or questionable materials. Code 911.11 now creates a situation where questionable and dangerous chemicals will be transported on the roads right next to our cars, trucks and school buses. This creates a real public safety issue, and imposes public risks that were not considered when the commission voted for the act.

Luckily, this is easy to repair before it gets out of control. Call your commissioner and tell them to rescind the amendment. It is not fair to the owners of light industry, the people looking for jobs and, most importantly, the safety of our citizens. Let's repeal this mistake and demand the government be ethical, fair and consistent when dealing with anyone.

Did the commissioners know this public safety issue would have a lasting effect of changing the land development regulation? Was it ever considered? Let's ask the county attorney, Alan Polackwich, for clarification.

Why did citizen Rex ask to pull these public records? Is the vested rights plot getting thicker?

What is the big deal here? This looks like a modern day "Witch Hunt" with lies, rumors and speculations being thrown about without supporting fact, and now it appears to have violated our civil right to due process and property.

If there is a plot against Ocean Concrete, then we have a big problem in IRC and with the more public information it would be easy to prove.

The record shows that elected officials were meeting in the homes of the opposition in back in January 2007. Did these officials disclose before they voted?  The rules of due process were not followed for changing code.  This code change was at the last minute and not founded on evidence. It was directed at Ocean Concrete to stop the project. 

I don't think you can make a law that has no real public purpose in the USA.

Why was this done?

Is it a legal plan, to enact a code and then apply that code to Ocean Concrete at the last minute stripping years of planning and investment from them and us?


I think it violates yours, mine and his constitutional right and if you touch one of those rights you steal them all!

Based on the information from the public records you need to decide for yourself if it was moral, just, and fair. Please, help me right this wrong!

March 20, 2007 is the very same day the commissioners of IRC voted to look at the pros and cons of changing the use tables. The first email at the bottom of this page is about 4 months before they applied this LDR to George's American dream. It looks like Rex wanted to pull the records relating to vested rights. Why? Rex states in this email there were lots of discussions about Ocean Concrete's vested rights. Is it legal to pull these email records? The bottom is 2007 and the top is last month.




Here is a link to the phone numbers at the City of Sebastian.
http://www.cityofsebastian.org/

Call the Mayor and ask where is the evidence supporting Rex Nelson's speculations about Ocean Concrete?
How can you pass a resolution based on rumors and lies?
Do emails that show how vested rights were going to stop Ocean Concrete?
Why did staff and elected officials meet out of the sunshine?
How can you pass a resolution against a development that has no supporting evidence?
Why did the city climb in bed with the opposition?

Sally, i will look over the file that u have but my email was an inquiry about what would be involved in getting the public records and not a public records request. Plebout ase do not spend any time on this as the county attorney has issued his opinion. Thanks Don Wright


-----Original Message-----
From: Sally Maio <smaio@cityofsebastian.org>
To: Don Wright <wrightsbstn1@aol.com>
Cc: Donna Cyr <dcyr@CityofSebastian.org>; Alfred Minner <aminner@cityofsebastian.org>
Sent: Mon, May 9, 2011 3:09 pm
Subject: Ocean Concrete Records
Don –



Donna cc'd me on your records request and I asked her to hold until we spoke to Al to find out if this was something that was going to come up at the May 11^th meeting, was the issue specific to vested rights and estoppel issues, and if so, should all members of Council be copied on the material.



Donna and I sat with him a few minutes ago, and Al told me he had new information on vested rights and will be contacting you by phone shortly.



After your discussion with him, should you still want to view the records, Donna has them ready for your review.



Sally

From: Donna Cyr
Sent: Monday, May 09, 2011 2:14 PM
To: Don Wright
Cc: Sally Maio
Subject: RE: COMMISSIONERS: 5-0 on Request to Direct Staff to Start LDR and IL Zoning Change Process



Hi Don, 



Yes, it's reasonable – I can pull together the files we have for Ocean Concrete as well as the emails.  Would you want to just look at the documents here in the office or would you want copies to view/study at home?



Donna Cyr
Records Program Manager
City of Sebastian
1225 Main Street
Sebastian, FL  32958
772-388-8209



PLEASE NOTE: Florida has a very broad public records law. Any written communication to or from City officials regarding City business is a public record available to the public and media upon request. Your e-mail communications may be subject to public disclosures.

From: Don Wright
Sent: Monday, May 09, 2011 1:59 PM
To: Donna Cyr
Subject: Fwd: COMMISSIONERS: 5-0 on Request to Direct Staff to Start LDR and IL Zoning Change Process



Donna, please take a look at this request and let me know if this is reasonable. Thanks. Don Wright


-----Original Message-----
From: John Higgs <higgscom@comcast.net>
To: Rex Nelson <rexnelsy@yahoo.com>; George Christopher <xglc@aol.com>; Wrightsbstn1@aol.com
Cc: Honey <sisustarfish@aol.com>
Sent: Sat, May 7, 2011 2:51 pm
Subject: Re: COMMISSIONERS: 5-0 on Request to Direct Staff to Start LDR and IL Zoning Change Process
I cannot se that it would hurt

From:
Rex Nelson

Sent: Friday, May 06, 2011 2:06 PM

To:
John Higgs ; George Christopher ; Wrightsbstn1@aol.com

Cc:
Honey

Subject: Fw: COMMISSIONERS: 5-0 on Request to Direct Staff to Start LDR and IL Zoning Change Process

John, George and Don,     This old email copy was edited to remove all the distribution lists and the reference button to "Spectrum of Uses Chart.  It was no longer available on my system.      It reminds me to make a suggestion to Don:  Perhaps Donna Cyr in Sally Maio's City Clerk's office could be prevailed upon to pull all the City and County records regarding Ocean Concrete and vested rights and equitable estoppel.  I recall between March 20 and July 2007, we had a lot of records about these subjects.  She's a whiz as I think you know, Don, and because Sebastian's Growth Manager, Rebecca Grohall  was copied on most all county documents we could have a complete briefing package for your May 11 meeting. (It's interesting to note Sebastian has an excellent Info retrieval system; the county has none.)      Thanks again to John who briefed by phone on vested rights as I drove in a driving rain storm to the March 20, 2007 BCC and to George for appearing there.  I didn't need to say a word.  George said all that was needed with amazing brevity.  I'll never forget it. Rex --- On Tue, 3/20/07, Rex Nelson <rexnelsy@yahoo.com> wrote: From: Rex Nelson <rexnelsy@yahoo.com> Subject: COMMISSIONERS: 5-0 on Request to Direct Staff to Start LDR and IL Zoning Change Process Date: Tuesday, March 20, 2007, 4:40 PM Yeah Team again,     Today the BCC, in a few minutes voted to initiate the LDR and IL zoning change process that would eliminate process industries in IL Districts. Not only was Stan Boling's Staff work effective, but his presentation supported by visuals was eloquent and persuasive. I didn't need to say a word. The opposition (as expected) did not appear.     The only question for discussion had to do with OCI being exempt from the proposed change. George Christopher questioned this point on the basis of a site plan applicant not having vested rights. He suggested as the proposal goes through the change process that this point be considered. Will Collins chimed in to say he also noted that issue in Stan's recommendations.     Thanks to our IRNA friends -- especially John Higgs and George Christopher we really received an above-our-expectations boost.     At tonight's meeting of  Sebastian Concerned Citizens, SCC, we'll need to be careful not to gloat and remind everyone that all along a legal appeal has been expected. We'll probably be involved in the three to four months of procedures. As I see it we can let up on the letters to the Planning Staff, but keep writing about settling the OCI fines. I'm sure we'll have some more cogent input in tonight's discussion. Many thanks for all your extremely hard work over the past 90 days, Rex Note: forwarded message attached. may be available at Donna Cyr's system in Sebastian City Hall

 

Is this the City of Sebastian’s problem?

As some of you know, I have been investigating the Ocean Concrete project. This has been a very time consuming event. It seems there were some misunderstandings and misleading statements. Just the other day the opposition stooped to character assassination. This is what people do when they feel the walls are caving in.
I have posted a Blog about some of my findings. http://courthouseshadow.blogspot.com/ . MY research and findings were available through the Freedom of Information Act. I got the public records and emails from the players, staff, and elected officials where this whole thing started as a public outcry of four guys from the City of Sebastian. What I have found is bigger than the county and needs to be put right smack in the middle of the court of public opinion. I am not an expert, I received no payment for my efforts, I am just a regular guy who likes to fish and loves his country, but most of all I am a concerned American citizen looking for answers.
Our government has the duty to get the facts before making a decision and citizens should try to get the facts before going to the government for help. So, in this case I don't blame the people living close to the proposed concrete plant, I am sure it must have unsettled them when George did not address their concerns. I blame the government of Sebastian for not getting the facts before creating acts and resolution to stop the project. Also, George Maib and Ocean Concrete's reason for not meeting with the neighbors was caused by the creation of these hurried acts that were adopted without the backup required by law from the City of Sebastian.

Lets help the community and make this right! We need jobs and we need clean concrete plants to survive!

Call the city and complain. Here is a link to the city web site.

http://www.cityofsebastian.org/

Does Ocean Concrete's 5th amendment right affects our Constitutional rights!

I want you to be the Judge.


Amendment V:
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."


This is the issue for me. Did Ocean Concrete take away the oppositions rights? I don't see where anything wrong has been applied to them.
Did the amendment take away other people's rights? I believe the last county attorney said that we will have to decide that on a case by case situation.

Why was this done? Mistake, misunderstanding of the facts, lies, rumors, and maybe political position.  Everything is in the wash and we will not know how dirty this laundry is until the spin cycle is done. Why is a guy from Martin County making a fuss over the IRC Ocean Concrete issues?

If they disrespected the Constitution in IRC County, without being held accountable, it sets a precedent for other counties, and next it will spread across America. Our civil rights are federal, which is at a higher level than counties, it's the whole country.

Look at what I found in the public record! Is Rex Nelson exposing or thanking his supporters?

In this document Rex points fingers at the player by thanking them for their support. If these players were meeting out of the sunshine like his words suggest then they have big problems. These players may have also forgot to disclose they were members of the oppostion before voting on the resolution sent to the county. Then there is the all important vested right thing and it appears to be the insturment of corruption.

Members of the Council, Staff and Citizens, I’m Rex Nelson, 710 Fischer Circle    Web site   www.sebastianconcernedcitizens.com

Thanks for the opportunity to present, in prime time, the status of Stop Ocean Concrete Now! – The biggest environmental and economic crisis to threaten Sebastian. We are one hundred days old this week. With luck we could be done in another 100 days, or we may be around for 1000.

Public support for our efforts has been overwhelmingly positive and includes hundreds of people. In the previous appearances we’ve received significant Council guidance.  Tonight we want you to know how you have helped,  the status, and the uncertainties we face.

Councilman Sal Neglia started the process by inviting Al Minner, Rebecca Grohall, and Dale Simchick to Don Wright’s home on January 2. From that time on we’ve met almost every Tuesday evening. We’ve grown to eleven neighborhoods, representing hundreds of volunteers. We now meet the last Tuesday of each month, at 7 p.m., Old City Hall.

January 10 we came here and received a unanimous vote for the Resolution to the County Commissioners citing the environmental threats. We remain very appreciative. Our flyer carries this message.

Last month Mayor Coy asked about the incredulous zoning that would allow a concrete plant in the Light Industrial district where activities would have a “minimum impact on nearby neighborhoods.”  That and a Forum meeting with Councilman Al Paternoster and Commissioner Joe Flescher resulted in Al suggesting that we appear before the  Board of County Commissioners. On March 6 the Board directed Staff to propose a zoning change that would eliminate Process Industries from all Indian River County Industrial Light Districts.

On March 20,   Mr. Stan Boling presented his staff’s work to the Commission with the criteria for removing the heavy industries from IL  He said all five existing concrete plants are in IRC’s IG, Industrial General Zone. But Ocean Concrete would be exempt, as expected, from the change. However, George Christopher, Vice-President of the Indian River Neighborhood Association,  www.IRNA.com suggested the County should consider legal precedents from other States that would block OCI from developing their site because of insufficient vesting.. County Attorney, Will Collins concurred with the concept. But Ocean Concrete is currently exempt.

We continue to struggle with making about 50 per cent of the people aware of the proposed concrete plant’s economic impacts and the environmental threats affecting our Air, our Water, our Peace and Quiet, our Traffic, and the beauty of our Skyline.

A rough outline of the efforts ahead:

In April the Staff will finish their final drafts of the amended changes. In May the Professional Services Advisory Committee (PSAC) reviews the proposed changes, in June the Planning and Zoning Commission will consider and in June or July the Board of County Commissioners will hold hearings to consider adopting the proposals..

We are prepared to continue throughout this process and beyond as necessary.   Attorney Michael O’Haire  agrees to represent us at Planning and Zoning Commission and Board of County commissioners quasi-judicial meetings involving Ocean Concrete, which  of course,  is a separate matter from the general zoning change request process.  Thus a lot of effort faces us.

The Council’s support is very effective. Thanks to everyone on the dais continuing that support will keep our City clean. If Sebastian loses, the citizen’s will be paying till the end of time in property values, tax base, and the good life enjoyed here.

The citizen’s letter writing response has really made the biggest difference. We suggest that continue, but only write to the County Commissioners to support them in approving the pending zoning changes and stopping Ocean Concrete.

Thanks for your time and attention. May these remarks enter the Public Records?

Please open your eyes and study this information close!

Why am I upset? Because if they do it to Ocean Concrete what prevents them from doing it to you?

This information represents more than meets the eye! It is only the tip of the iceberg. This is bigger than Indian River County. It is nationwide. When government action for a few concerned home owners affects the right of land use in the entire nation someone has to step in and do something. It is the difference between commission and omission. Commission is doing it when you know it is wrong and omission is not doing anything when you find something wrong. This is not what we expect here in a small town like Sebastian. I think it is called honesty. Honesty is a value that is taught to our children. In George's case was there any honesty in the service he received from the city of Sebastian or the IRC BCC? Look close at these public documents and ask yourself if you are in some big city or another country where this type of action exists. This cannot be happening here is just a way to justify the past actions of all involved. It is denial. So, I ask you again how can these government officials sit back and do nothing knowing someone is being hurt by this illegal LDR. The proper and just action was to give Ocean Concrete the benefit of the doubt. After all, you cannot adopt a law that has no reason or supporting evidence in the United State of America! Someone said all it takes for evil to succeed is for one good person of good will to do nothing, please don't be that person.


Interesting reading if you want to see what can happen if you have a question about what you have done, or what you are going to do, in politics.
http://www.tulanelink.com/tulanelink/honestservices_09a.htm

Rob's view of Rex Nelson's reasoning for violating George's Constitutional Rights!

Rex here is my view on property rights! This is a big file so please be patient while it downloads. I call this Stinking Thinking!

Why did they step on the Constitution? Speculation, rummors and lies?

They stepped on our rights because they believed that this plant would lower property values, create polution, destroy the river, kill people in traffic, block the train track, and even more unfounded rummors, lies, and speculation!

It is what I call a witch hunt. Lies, rummors, and speculation are not the grounds for objection, they are a way to steal the American dream. No one should have to put up with this type of law making, it is unconstitutional! Call the commissioners now and ask them to fix it now!

http://www.ircgov.com/Boards/BCC/Index.htm

According to Rex Nelson's emails posted in this blog, it was done because of half-baked thinking. Like I said before, get the facts before you run down to City Hall to create legislation. Rex apparently has a different view of the Constitution. He believes according to his email that property values are constructional rights. It is this belief that seems to have led him and others down a twisted road of deceit. Just think about the idea of property value being constitutional rights. If that were true you would be guaranteed to make money speculating real estate. I might have it wrong, but to my knowledge this is more flawed thinking. It's just like the incredible logic used in the thought process of amending the rules. Logic that shows heavy materials need to be removed from the light industrial land and away from the FEC railroad industrial corridor. His thoughts based on his writings show heavy materials are heavy processing and heavy processing belongs in heavy industrial. They stepped on the Constitution because of stinking thinking once again. Heavy materials belong on the rails in consideration for the environment and safety of the public. Moving these heavy materials from the railroad is now going to create even more emissions and safety problems from the trucks on county roads. Rex points this out and it's the only thing so far he's gotten right. Are property values worth creating more trafic and emissions? Property is speculation just ask anyone who got caught up in the last land rush, and it is this speculation that has caused the damage to George Maib's American dream.
The US Consitution is fact not speculation! In my interpertation, the very thing I hold so dear, and that is my rights, has been violated.

Rex’s letter calls George “Gorgeous” and discloses new traffic objections slatted for the Tuesday night meetings!

Al -

did you want me to go Tuesday night to meet with them?  see the part in blue in Rex's email.





From: Rex Nelson [mailto:rexnelsy@yahoo.com]
Sent: Sunday, February 04, 2007 6:27 PM
To: JKROBINS@aol.com
Cc: Alfred Minner; Sally Maio; Sal Neglia; Henry Stephens; Stan Boling; Robert Keating; jbaird@ircgov.com; Rebecca Grohall; David Fisher; crich296@aol.com; Don Liesen; Kelly Mather; Jane Richter; Janey Richter; Don Wright
Subject: Re: Address and Our Ocean Concrete opposition's upcoming events

Hi Mary,


   I'm glad we're now connected.


   George Maib's letter to the PJ editor is about the same message I heard on December 20, 2006, the first day I was aware of this possible Ocean Concrete environmental disaster. The meeting I first attended was the Indian River County Technical Review Committee (TRC). Henry Stephens, Press Journal Reporter, had his article printed in the paper the following day.


   Next Tuesday, Feb 6, at 7 pm we will prepare our response to "Gorgeous" George. It will be in the old City Council Chambers .


    We are told we can follow him when he addresses the February 14, Sebastian City Council meeting.   


    Please come to next Tuesday's meeting and bring as many friends as you can.


Rex


Note to Al Minner, City Manager: Al, if Maib cops out of the February 14 meeting, as the Public Records show he is prone to do, will our neighborhood still have a spot on the Council agenda? --- just the same as if he delivered his talk to the Council?   I estimate we could get our message across with mostly new information in  about ten minutes.  


Also, Al, at next Tuesday's meeting I plan to bring up a new traffic scenario, which to my knowledge, will be the first time you and your staff may have heard of it. I would be amazed if it didn't tick off a huge uproar of your taxpayers. Please come to our meeting with the same folks that came Jan 2 to Don Wright's home. That one sure paid off for the citizens of Sebastian.


   Rex


   

JKROBINS@aol.com wrote:

Thanks for the info.  There seem to be more and more letters in the paper.  Do keep me informed though I'm not on the computer daily.  I read the contractor's letter and you'd think he had "covered the all bases."  Will look forward to your group's answers.  Good luck, Mary

Rex Nelson letter of intent for LDR public notice

FINAL PUBLIC HEARING

The Amendments to the Industrial Zoning Light Districts
At this special, State of Florida required meeting, the County Planning and Zoning Staff will recommend prohibiting pulp, paper, plastics, chemical, concrete plants, brick, tile and other environmentally polluting process industries from locating nearby.
Tuesday, July 24, 9:00 AM (Regular Session)
County Administration Building,
1840 25^th St., Vero Beach
Please attend. It's finally the end. We need another BIG PRESENCE to support the Staff recommendation. The Commissioners say our input really counts!
Suggestion: Look at the Agenda published in the Press Journal on Friday or Saturday preceding the meeting or at www. ircgov.com. Probably IL Amendments to the zoning change will come up under "Community Development Matters."

Rex suggests that the county gets a public record system like Sebastian!

Bill,


   Would you like to look at all my concrete files?  With about two clicks they're yours. I may have 15 to 20 MS Word docs and countless emails -- all since Dec 20. The emails are mostly noise level, but a few might be good to sort through.


The purposes I have in mind is


     To be sure we are thorough, accurate, and concise.


      Get ourselves organized in case we decide to go to the Commissioner's hearings w/o a lawyer    


      Get prepared to hand over background to a legal team


     Get prepared for if, or when, a lawyer comes on board


    

     Organize the information into Societial Issues, Environmental Issues, and Economic Issues.
         (That's the taxonomy at the highest level an expert suggested for our cause)


     Putting the info onto SCC


Also I have a four inch stack of records I requested under the FOIA (equivalent at the County), when  Kimberly Massung was still the Executive Aide to the Board of County Commissioners. Most of us have only skimmed what initially seemed to be critical. It would be good if a team of folks could "mine" the information for some other nuggets. ANOTHER PURPOSE IS TO FIND OUT WHAT THE COUNTY SEARCH DID NOT REVEAL.  On a face-to-face basis I will share what I think we missed and some ideas for designing more searches of the public records. I'll bet you would have a lot to contribute here.


As an aside, one needs to budget for these requests. The last one cost $50, and that was because one of Kimberly's people copied some of the pages back to back. That saved us about $30, but it was a pia to sort / organize the information. I spent another $30 or so for copying all the docs on one side of the paper so I could sort in chronological order for my reading. WITH THE LETTERS "STACKING UP" AT THE COUNTY, THE NEXT RECORD SEARCH WILL COST MUCH MORE. That's why we should all noodle these activities very carefully.


Win or lose, when this battle is over, we should remember to request the County to get a record system like the City of Sebastian.
They are online. We can do record searches of Sebastian at our computers, download the files, and pay nary a cent. The County system requires our time, money, and eye balling to mine for the salient information. Or perhaps we could scan them in and then have machine processable search routines, another $%^&#$%^ task in this series of nightmares.




Another sub-strategy in all these matters is to ensure that our messages to government officials and their staffs get into the Public Records.   The sword cuts both ways though. We need to be careful what we write to the government people because our stuff also gets into the Public Records. When Kimberly responded to our request it was about a day before one of our meetings. The search took about five business days and already we netted about a dozen letters written by our neighbors. Records we really didn't need to pay for, but it was gratifying to see the responsiveness.


You may want to size up the project before agreeing to all these ideas. We could break up the tasks.
You might even want to find some others to help. "Many Hands Make Light Work."


So let's meet next week when you return and are free and see if we can get a good Records Strategy developed.


Rex

Rex Nelson’s update on 03/18/08

31808 Ocean Concrete BCC Mtg


Issues regarding Ocean Concrete's proposed plant at 11085 Old Dixie Highway, Sebastian, come before the Board of County Commissioner's meeting this coming Tuesday, March 18, 2008. It should be the last of the public hearings we need to attend en mass. In some views only dramatic new input would cause the Commissioners to change from their four previous times of supporting our opposition to this proposal which has such dire impacts on neighboring homes and businesses.


Still Ocean Concrete puts forth many legal arguments for 1) why they have the right to obtain a one year extension to their site plan application and 2) why they have the right to proceed after the late filing of their appeal challenging the denial of their site plan. These legal manipulations take up 72 pages on www.irccdd.com and www.ircgov.com that became available Friday. The first website also shows the staff's response to OC allegations. The second in the meeting agenda sections shows County Attorney Will Collin's response regarding the late filing fee.


If history is prolog we expect the OC lawyer and other principles will take up an inordinate amount of time chastising the citizens as the "clamoring crowd"; threatening to put up a trucking terminal in lieu of a concrete plant if they don't get their way; bashing the IRC planning staff as being inept, capricious and untimely; and whine about not being treated fairly by the county government; and perhaps again invoke the US Constitution as a basis for their property rights – (Apparently that great document doesn't apply to the property values of our homes.) The Commissioner's briefing package has plenty of very persuasive rebuttals from Bob Keating's staff and Will Collins. So the main reason to attend the meeting is to support the staff.


Conceivably, just like at the January 10, Planning and Zoning Commission meeting where the staff received a 7-0 vote in support, the BCC may suggest the citizens remain silent unless they support OC. Again we should respect the Commissioner's time. However, if Ocean Concrete gets time to repeat the aforementioned issues and tries to mislead by saying they've been unfairly treated, as they did at the June 14, 2007, PZC, then we need to counter with some key points such as:


> They continue to push for locating heavy industry in the Light Industrial District which county code says:


Section 911.11..... IL. –Light Industrial District To provide limited manufacturing and promote the establishment of employment centers to urban services and facilities, the area labor force, the local industrial and business markets, while minimizing the potential for any adverse impacts upon nearby properties.


In one sentence we have said: Process industries do not belong in IL, Industry Light zones and especially not near established neighborhoods. Let's have appropriate zoning so truly light industry will locate here.


> OC has already had two site plan reviews. Their request for a third attempts to manipulate the intent of IRC law.


> At the June 14, 2007 PZC meeting OC said they had met every IRC requirement and then at the last minute the rug was pulled out from under them. That was not true because the staff denied their site plan application on December 17, 2007. Between December 21, 2007, TRC and November 17, 2007, OC never answered a single one of the more than 60 discrepancies.


> The County allowed OC to submit their responses to the site plan discrepancies even though on July 24, the BCC voted 4-0 to adopt the IL Amendments which outlawed heavy industry from locating in Light Industrial Districts.


> Not a single Sebastian citizen, other than a handful on the OC payroll, has been found to favor the proposed plant. The peoples' voices should prevail to the thwart the biggest environmental threat to ever hit Sebastian. Many residents across all Indian River County will be impacted if a precedent is set to allow the OC concrete plant to be grandfathered into the Industrial Light Zones.


A few more topics may need addressing – hopefully in under 3 minutes.
Let's be sure we can join those who think it's a "done deal" and by showing our support it truly may become a thing of the past. And please remember we're still threatened by Ocean Concrete's lawsuit against Indian River County which is scheduled to start before May 5, 2008.


See you there Tuesday, March 18, 2008, at 9 a.m. 1801 27^th St, Vero.

Email discussions of support from Rex’s 40 year career in Industry

This is a Public record email that shows Al Minner, Rex Nelson, and others are working together as of the Tuesday night meeting at Don Wright's (I think Don is now Vice Mayor of the city of Sebastian) house. On a time line this is before the resolution was created to oppose the Ocean Concrete planned development. Early in January of 2007, Ocean Concrete was almost 4 years and millions of dollars into the process!


To: Al Minner, Sebastian City Manage
 

Ref: The Tuesday, January 2, 2007,Opposition Meeting
 

Al,
 

   Your comments at the meeting provided key strategic views that we very much appreciated. We wish to purse a course of action consistent with the mutual objectives.of government and homeowners as we discussed. 
 

   The First Step: I propose your offices provide me with all the Ocean Concrete, Inc media available to me through the Freedom of Information Act, the Florida Sunshine Laws, or any other public domain information, since the City of Sebastian government started taking the opposing actions you mentioned. In return after "getting up to speed" by reading and listening to the pertinent information, I offer to support you in specific ways that we may agree upon, pro bono, as you may suggest or desire, to the best of my ability -- gained from a forty-year career in Industry.
 

   Please advise.
 

   Thank you for offering your contact information and please contact me too as you see fit. 
 

Rex Nelson
710 Fischer Circle


Anyone who wishes to obtain public records can do so by making a request under the sunshine act.





 

My letter to the county attorney asking why no one had to pay the fees for amending the rules?

Why has no one fix this if they are aware?

Allan,

The county public meeting records show that Rex Nelson was the one who initiated this request earlier that month. There was never any public issue or discussion in the government until Rex Nelson's appeal to the board. If you have proof that the commissioners planned to change the table of uses before Rex Nelson initiated and requested help then you could claim no application or fee would be owed. The application and fee are part of the due process mandated by Florida Law. It's a great way of making sure that amendments meet the wishes of the region, state and helps to prevent unreasonable changes. Mr. Nelson request was followed up on by staff when the commissioners asked staff to analyze if they could do it and report back.

Furthermore, if 902.12 (2) gives commissioners the right to make the change, then 902.12(3) states the standards of review which was not applied to this amendment.
 

(3)   Standards of review.  In reviewing the application of a proposed amendment to the text of the land development regulations or an application for a proposed amendment to the official zoning atlas, the board of county commissioners and the planning and zoning commission shall consider: 

(a)   Whether or not the proposed amendment is in conflict with any applicable portion of the land development regulations;

(b)   Whether or not the proposed amendment is consistent with all elements of the Indian River County Comprehensive Plan;

(c)   Whether or not the proposed amendment is consistent with existing and proposed land uses;

(d)   Whether or not the proposed amendment is in compliance with the adopted county thoroughfare plan;

(e)   Whether or not the proposed amendment would generate traffic which would decrease the service levels on roadways below level adopted in the comprehensive plan;

(f)   Whether or not there have been changed conditions which would warrant an amendment;

(g)   Whether or not the proposed amendment would decrease the level of service established in the comprehensive plan for sanitary sewer, potable water, solid waste, drainage, and recreation;

(h)   Whether or not the proposed amendment would result in significant adverse impacts on the natural environment;

(i)   Whether or not the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern;

(j)   Whether or not the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and interest of the land development regulations; as well as

(k)   Any other matters that may be deemed appropriate by the planning and zoning commission or the board of county commissioners in review and consideration of the proposed amendment such as police protection, fire protection, and emergency medical services.

If you have proof that this amendment meets these comp plan requirements? I will step aside, but so far I have not found where these standards of review were investigated. If this ordinance does not meet these requirements by law then it needs to be removed.  When a LDR is not consistent with these comp plan question, it is a void and mute amendment.

The county and Ocean concrete should erase the line in the sand and move forward to correct this amendment that creates burdens on property, public safety, traffic, emissions, and economic development.

What are the steps for removing this amendment? Would I have to apply and pay the $1500 or could I suggest it at a BCC meeting and get it done without any investment?

This really is about rights not concrete or cement, please consider the constitutional rights when weighing the unjust ordinance.

Warm Regards,

Robert Laakkonen

Letter to County Attorney Alan Polackwich points out the issues with the illegal LDR

Alan,

I am writing to let you know of the violation of Florida law pertaining to Amendment 2007-027.  It was a text amendment to the table of uses in County Code 911.11. There are numerous consistency problems with this amendment. It violates the policies and objectives of the 2020 Comprehensive Plan.

The Florida Statutes provide a definition of what is meant by "consistent."

Section 163.3194(3)(a) , F.S., says:

 

"A development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development permitted by such order or regulation are compatible with and further the objectives, policies, land uses, and densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government."

After reading the 2020 Comprehensive Plan, I have found numerous inconsistencies with Indian River County Ordinance 2007-027 and the comprehensive plans policies and objectives.

These inconsistencies and contradictions are in chapter 2. Here are the references.

Policy 1.3: LDRs are the primary instrument of implementing the Comprehensive Plan.

Objective 5:5.1 says LDRs have to be consistent to the Comprehensive Plan.

Objective 15 refers to the LDR's effects on the rights of property owners.

Objective 15.2 says LDRs must be valid for public interest only and with due process.

Once again, this is not about Ocean Concrete.

It is about rights and due process provided by the Constitution. I know this ordinance was not enacted while you were working for the County.  However, I do think that you should consider how this amendment and knowledge of the violations affect your position now.  Please, investigate and put politics aside. So far in my research, I have found that the employees of the County have tried to do the right thing and they should be commended for their effort.  However, it seems that the leadership of the county has bypassed the due process and true reason for enacting this LDR.

By the way, under the Florida Sunshine Law may, I have a copy of the application to make a change or file LDR and a copy of the receipt for the $1500.00 fee?

Thanks for your help.

Warm Regards,

Robert Laakkonen

Does the County Attorney Alan Polackwich’s vested rights decision violate America!

I contacted Alan and aked him and others correct this wrong and in my oppinion this is an omission! To do nothing when you know there is wrong, is criminal in my mind! When you have the power to do something you should and if you don't do anything you are just as guilty as the rest of the people working behind the scences.

Link to the IRC BCC with phone numbers.
http://www.ircgov.com/Boards/BCC/Index.htm

Please call the BCC and ask when are they going to put back our right to use our property for legal permitted activity.


My position is that the changes to the zoning table endangers the public and represents a critical mistake in the planning process as I laid out in my emails to the planning department. I am not writing you on behalf of Ocean concrete.  I have watched the Ocean concrete project unfold for years in the paper. However, your recent decision is the catalyst for my investigation. Your decision on vested rights violates everything America stands for.


Without Clear, consistent and fair dealings with government officials how can anyone living in our country get a fair decision.  I am writing you as a concerned citizen for the rights and safety of the public as a whole. I am not addressing Oceans concrete's legal matters or position. That is for the courts to decide. This is a constitutional property rights and public safety issue for every person in the state of Florida.



Changing the zoning uses for the industrial land has violated the rights presented by the US and State of Florida Constitutions.  This blatant disregard for rights also has the potential to set precedent for other communities in the state of Florida. It appears to me that there are serious violations of Florida statues in relating to the text amendment to the land uses in the county zoning ordinances 911.11.  



If you are not interested in the protecting safety of the public and the rights of property owners, then I will have to address my concerns in other forums. So, you can forget Ocean concrete's problems, the county has bigger problems than the dust and noise from mixing water, sand, and gravel could have ever caused. Thank you for your time, and god bless America! 



Warm Regards,



Robert Laakkonen

The retroactive plot! LDR strategy to strip our constitutional rights!

It's beginning to look like the half-baked guy, the commissioner, lawyer, manager, director, and two people soon to be elected commissioner had some help from Monte Christo and came up with a great way to stop this project. They had a grand ideal except they forgot about the public record. They may be still holding back information. In this email there is a reference to Will Collins. I think he is the one guy who could not go on with this plot and had to quit. Time will tell, maybe we can write a book about the Sebastian Witch Hunt. Someone might do a movie and they will all be famous or is that infamous?

By the way, I still haven't found the records for equitable estopple or the memo from Will Collins? Where are those public records and why are they missing?

Does Don Wright know where they went? Is there a reason they are mentioned in emails but not in the records I have received? I am trying to give the players the benefit of the doubt. No one likes lies, rumors, and speculation because that what they did to stop George's American dream.

Al,


   Please accept our request to present another update to the City Council on May 23rd. We'll have new information after the Professional Services Advisory Committee  (PSAC) meeting of May 17 at the County, 12.15 pm. At the meeting Will Collins may input to thie PSAC regarding the possibility of making the County Staff''s Industrial Light proposed ammendments retroactive to Ocean Concrete.


 I expect our presentation will be even shorter than the previous ones.


 Thank you,


Rex




Is this a plot to apply this LDR amendment to Ocean Concrete? It was first mentioned that Ocean concrete vested rights be decided at a later time in the amendment process. That date: 03/20/2007, now after 4 years we are still trying to decide Vested Rights. Does anyone what to guess why? I don't think this is the first time the ideal of Appling vesting has been discussed as an opinion, strategy or ploy. Time will show that this was the plan.


May, might, shall, how does Rex know what the county attorney Will Collins is going to do?

Is it the missing vested rights estopple emails?

 

Rex

Wrightsbstn1@aol.com wrote:

To All, sorry I missed the meeting last night, I was in a long conversation with a client planning to buy some property and by the time I got this resolved, it was already too late. The memo to Will Collins would seem to support our position and looks to be very good news. Don Wright

 

 

 

 

PREPARING FOR THE PROBABLE APPEAL NOW BECOMES CRUCIAL AS I UNDERSTAND FROM PEOPLE FAR MORE EXPERT THAN I ON THESE MATTERS.  MOST SAY A LAWYER IS PARAMOUNT FOR THE DEBATES AT THE P&Z AND THEN AT THE BCC.  WE ALMOST BLEW AT THE P&Z  IN 2007 WHEN OCEAN CONCRETE APPEALED AND THE COMMISSIONERS STARTED SYMPATHIZING WITH THE APPLICANT "WHO DID EVERYTHING RIGHT AND THEN THE COUNTY PULLED THE RUG OUT FROM UNDER HIM."   ACTUALLY OCEAN CONCRETE HAD DONE VIRTUALLY NOTHING AT THAT POINT.  WE ONLY LOST ONE VOTE, WHICH WAS THE ONLY ONE WHERE WE LACKED UNANIMOUS SUPPORT FROM ELECTED OFFICIALS,  BUT IT WAS VERY TENUOUS.   SUBSEQUENTLY, GEOFFREY SMITH, OC'S  ABRASIVE LAWYER, USED THAT AGAINST US IN COURT.

LET'S HOPE OUR VERY ABLE SEBASTIAN CITY ATTORNEY CAN REPRESENT US, OR IF NOT LET'S HOPE THE TAXPAYERS OF SEBASTIAN WILL FUND LEGAL SUPPORT TO THE CAUSE WHICH IS SO VITAL TO SEBASTIAN'S FUTURE.  IF THIS STRATEGY FAILS, THEN I SUGGEST WE HAVE A BIG FUND RAISING JOB AHEAD OF US.

WE WANT TO SUCCEED AFTER 4.5 YEARS OF SO MUCH HARD WORK!

Rex

 

 

 
 

Dear Concerned Citizens,

 

As we approach the countdown to the July 24 Board of County Commissioners Final Public Hearing on the Industrial (IL) Amendments to the zoning code, we want to remind all concerned that this hearing will be part of the regular BCC meeting which starts at

9 a.m. in County Administration Building, 1840 25th Street.

 

Today www.ircgov.com shows the agenda item is the 6^th Public Hearing of the meeting. The Commissioners back up, pages 367 to 426, provide the main points so far in the amendment process. To find additional points, and to comment on key points already in the record, a complete reading of that part is recommended.

 

We reiterate that this meeting is legislative. We urge you to support the splendid Staff report. Mentioning Ocean Concrete will probably not be allowed unless Ocean Concrete brings up a point first, then we can respond to it. An example of such a time would be when the Commission considers an effective date. Of course we would like it to be retroactive, OC and some others will probably be pleading for "grandfathering." The Commission may either opt for an "As Filed" date, or they could specify some other time. It's tricky because of vested rights

 

At the June 14 Planning and Zoning Commission meeting, Ocean Concrete's attorney threatened the County with action under the Bert Harris Law which addresses property rights. Bert was a Florida legislator, now retired. On Google I found some interesting references. According to a recent interview he never thought his legislation would be so far reaching. The memo to the County Attorney, attachment 9 to the Staff report, appears to be the key to the effective date, assuming BCC approval of the amendments. The memo covers much more than Bert Harris.

 

We think it's significant that in the past seven months no one in Sebastian favors a concrete plant or any other heavy, process industry in the midst of established neighborhoods. It's also very significant that since January 10 till now the Sebastian City Council has taken unanimous positions by sending resolutions or letters to the County Commission opposing the proposed concrete plant, or in support of the IL Amendments. The Staff report acknowledges our concerns.

 

We've come a long way: From only a few citizens knowing about the proposed plant in December, to a point now where almost everyone is well aware. We have had three public hearings on the IL Amendments and this last one to go. As disturbing as these sessions can sometimes be, it behooves us to finish strong. Volunteers have worked long and hard to get this far. This is a once in a life time opportunity to avoid fighting site plan battles. Let's make every effort to have a strong finish at the final hearing. A BIG PRESENCE makes a huge difference in the outcome of these proceedings!

 

 

 

How can they stop a development in progress for years, by using a LDR (government act), and then let it process continue, only to stop it again with vested rights. Is that the definition of Estopple? A fast acted LDR to strip the builder of his right. Where is the benefit of the doubt?

 

received a copy of the opinion from IRC County Attorney Allan Polackwich.  In short, the County Attorney opined that Ocean Concrete does not have vested rights to develop at their site located outside the City of Sebastian.

 
 

The Next Step - I spoke with Bob Keating, IRC Community Development Director, moments ago.  He informed me that he will accept Mr. Polackwich's opinion and deny the Ocean Concrete site plan application.  A copy of Mr. Keating's letter to  Ocean Concrete denying the plan will be copied to the City.  Ocean Concrete will then have the right to appeal the staff determination.  The first step of the IRC appeal process would be heard by the IRC Planning and Zoning Board.  Any appeal of the Zoning Board would be made to the Board of County Commissioners.  Of course, circuit court thereafter.

 
 

At this time - I will speak with Bob Ginsburg in more detail about the City's position/options. However, it seems that unless an appeal is filed by Ocean Concrete, there is no action for the City to take.  If an appeal is filed however, an opinion or statement may need to be made by the City before the IRC Planning and Zoning Board.  Should you have any questions on this matter, please contact me at your convenience.

 
 

Al Minner

City Manager

City of Sebastian

 
 

Wait we have to appeal the site plan….says Don Wright.

Al, we agreed that the City should be  filing an appeal of the decision. There is a limited time frame to do this so I would like to know the date it will be filed. Thanks. Don Wright

 

-----Original Message-----
From: Alfred Minner <aminner@CityOfSebastian.org>
To: council <council@CityOfSebastian.org>
Cc: Sally Maio <smaio@cityofsebastian.org>; Rebecca Grohall <RGrohall@CityOfSebastian.org>; Jean Tarbell <jtarbell@cityofsebastian.org>
Sent: Mon, Apr 18, 2011 8:40 am
Subject: FW: Ocean Concrete Site Plan Application

As discussed under my matters at the Wednesday, April 13 Council meeting, IRC staff did approve the Ocean Concrete site plan with conditions and stipulating further review of the vested rights issue.  Rebecca will be putting together a City response to this letter shortly, with Bob Ginsburg to review.  I soon as we hear an opinion on the vested rights issue from the Indian River County Attorney, we will inform Council.  Please let me know if you have any questions on this issue.

 
 

 
 

Al Minner

City Manager

City of Sebastian

 
 

 

I think I am being fair by asking question, even though no question were asked of my friend George before they did what they did. It's a funny thing, fairness is expected, but in Ocean Concrete's case it was never applied!