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Time Line
since Cabinet Meeting, December 19, 2006
Destin Beach, Inc. Submerged Land Lease Denial
Immediately following the above meeting, out in the hallway, the WFC attorney, along with Terry
Lewis, Attorney for St. Lucie County and Rob Schwerer, Attorney for the City of Fort Pierce felt
that Destin Beach would not file for an Appeal or Administrative Hearing due to the Governor's
vote in this issue and it being very costly for the applicant. It was the above three attorneys' opinion
that the 21 days for appeal would begin immediately and that the 21 st day would be Jan. 9th and
that holidays and weekends count in that 21 days period. Only exception is if the 21 st day fall, on
a weekend or holiday.
On approximately January 10th, since we had heard nothing on an appeal by Destin Beach, the
WFC wanted to get a confmnation that the Appeal process was over. I called Mr. Bud Vielhauer
who now is representing the BOT (Board of Tl1.1;Stees/Governor and Cabinet.) Up until this time he
represented himself as the attorney for DEP. I explained to him my concern of switching from one
side of the issue to the other and he informed me that he works for the BOT and did at the time the
issue was heard in Tallahassee. According to Mr. Vielhauer, DEP does not have any attorneys. Mr.
Vielhauer, in answering my question about confmnation of the supposed Appeal process, advised
me of the following: (shocking to say the least)
1. First the Cabinet must Certify the Denial and that has been done.
2. DEP District office then issues a letter of Final Denial (was not done until Jan. 18,2007.)
Vielhauer stated the reason it has not been issued is DEP and he are making sure
everything is exacty correct so they don't lose the case as the Cabinet voted to deny.
3. The 21 day time to Appeal does not begin until letter of Final Denial is issued.
4. He also informed me that he expected Larry Sellers to file for an extension. I asked how
long that could be? He said DEP probably would give a 90 day extension. (this is
almost 3 times the amount allowed of 21 days - ridiculous. (even if reason for request
was straightforward-according to the City no permit had been submitted as indicated on
the request for extension)
5. Doug Anderson told me that Terry Lewis talked to Bud Vielhauer and told him that
the County felt 7 to 14 day extension wouldþe ample.
We waited patiently for confmnation of the Final Denial to be issued. Finally on January 18th the
letter was sent to the applicatant at Mr. Ravelo's address on 2nd Street. I immediately asked that it
also be sent to Mr. Bell's home address so that he, later, could not claim that he knew nothing about
the Final Denial. I was advised that they only send it to the address shown on the application.
(More opportunity for delay.) WFC attorney questioned whether the date of January 18th (date sent
Certified) or the date of signature received was the starting date of the 21 days - the answer given
was the date the Certified Mail is received. The only time we have received information from DEP
was when we requested it. The St. Lucie Waterfront Council questions how Mr. Vielhauer
represented DEP and strongly supported approval of lease and now is supposedly representing the
BOT denial.
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wftimeli.pub
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WFC finds error(s) in Final Denial letter that was sent to Mr. Bell. (More tactics for delay?)
On January 29,2007, WFC attorney sent Certified Mail to Mr. Vielhauer stating that we fmd the Denial
letter to be incorrect because we knew it was a 21 day Appeal period and letter said 14. Vielhauer via
phone to WFC attorney said that he had talked to Destin Beach attorney, Mr. Sellers and he knew it was
an incorrect notice. This notice contains probably 20 quotes of the FL Admin. Codes as well as FL
Statutes that provide the rules for this process. Mr. Vielhauer refused to issue a corrected Notice even
though WFC requested it. Viehauer contended Sellers told him that they would file by the 14 days
mentioned in the incorrect notice - that did not happen. Actually filed for Extension, not an Appeal on
February 20, 2007 (20th day from receipt of notice).
WFC requested copy of Certified Mail green card. Finally we received copy and it was signed by Mr.
Ravelo's friend/secretary - Marilyn King. So Mr. Bell still could contend at a later, convenient date, he
never received the Notice causing even more delays. It was signed on January 31, 2007 which starts
the 21 day clock for Destin Beach to either not answer (that would cause Denial to stand), file for an
Appeal or request an extention. Our friends at ~EP have now allowed a 60 day extension. That is
almost 3 times the normal 21 day time allowed: As of 2/26/07 we have not received any notice
confmning the above. We requested the date that the extention request was file and have not received
it. All DEP said was it was filed timely.
If you recall, Bud Vielhauer, Attorney represented DEP in Tallahassee hearings for approval of the
lease and now represents the BOT for denial. Vielhauer was very strong in recommending APPROVAL
of lease.
At the end of these 60 days (March 23) several things could happen.
I. Request another extension.
2. File an Appeal.
3. Destin Beach (Bell) claim he never saw Notice. Request more time because of that.
4. Destin Beach (Bell) claim incorrect Notice was never corrected.
5. If County is not off Berth I spoil site then Bell could claim he cannot use Berth 1.
Doug Anderson assures me that the site will be cleared by the end of March.
After requesting and receiving copies of the Request for Extension for 90 days - the WFC finds that it
clearly states in items 5 & 6 that the reason for the extension is the City has a plan for Berth 1 from
Destin Beach that the City has not acted on. According to Doug Anderson, Rob Schwerer, City
Attorney told him they had not heard from Bell. However, now Bob Benton, Mayor said that David
Recor had a visit from Ravelo (not Bell) to Develop Berth 1 without a need for a Sub. Land Lease
(carve out Berth of south uplands). Recor has not received a plan at that time. Monday, March 5,2007,
Mayor Benton stated at the City Commission meeting that the City was going to send a letter to the
Governor in reference to an extension being issued by DEP on false information that a plan had been
submitted to the City.
It is unbelieveable the run around this has been and the improper way it has been handled.
Don't Expect £rotection.
Meanwhile, City and County are losers of positive economic development on the 87 acres of
tremendously pristine property. If you will recall Haskell Company gave the figure of economic loss
of $275,000.00 per day the property sits without their type plan.
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