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.