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 6th 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!
Sounds like they knew they were going to use this retroactive plot to pull the rug out from under Maib's feet. Who was at those meetings and where were they held?
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