01/15/2008 (2) - Laserfiche WebLink

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Paul Amos, Esquire, O'Haire, Quinn, Candler & Casalino, 3111 Cardinal Drive, representing Hammond Mines, also wanted the issues addressed separately. Mr. Amos informed the Board that he would be requesting a continuance of this matter to allow him time to conduct an investigation, as he only received notice of this matter three days ago. Attorney Collins explained that Mr. Amos's client was not ready to make his case right now. He also explained Mr. Amos's right to appeal after he gathers his facts. Attorney Amos pointed out the issues of which the Board needed to have proper information before deciding on the matter, and reiterated his desire for a continuance to enable him the opportunity to gather facts. Commissioner Wheeler continued to point out the rules of procedure for an appeal. He felt we would be shortcutting this matter if the appeal is granted today. Attorney Collins repeated the rules of procedure and pointed out that it was up to the Board how it wanted to conduct its hearings. Attorney O'Neil drew reference to County Code and its interpretation, and addressed the matter of non-compliance. Messrs. O'Neil and Amos continued to argue the issue of the Board making a decision without giving them an opportunity to be heard. Commissioner Flescher believed there should be an appeal process before findings of fact. The Board debated whether to have a hearing, treat this as an appeal process, and whether to decide to pull the letters of credit. Chairman Bowden agreed the issues should be separated and asked staff to begin its presentation starting with the Hammond Sand Mine. Hammond Mines Chief of Environmental Planning Roland DeBlois recapped the backup memorandum dated January 8, 2008, and provided description and analysis on the subject mine. He displayed by slide the approved haul routes and read that portion of the Code that addresses non-compliance. Mr. DeBlois thereafter responded to questions from the Board. 10 January 15, 2008