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11.J.3. GRAND HARBOR SPOONBILL MARSH — APPROVAL OF FLORIDA <br />POWER & LIGHT, COMPANY UNDERGROUND FACILITIES <br />INSTALLATION AGREEMENT AND CONTRIBUTION IN AID OF <br />CONSTRUCTION <br />ON MOTION by Vice Chairman Davis, SECONDED by <br />Commissioner Flescher, the Board unanimously approved <br />the Underground Distribution Facilities Installation <br />Agreement with FPL; authorized a Contribution in Aid of <br />Construction in the amount of $52,345.50 ($39,525.20 <br />cash and $12,820.30 in labor); and authorized the <br />Chairman to execute the same, as recommended in the <br />memorandum of February 21, 2008. <br />AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD <br />12. COUNTY ATTORNEY <br />A. OCEAN CONCRETE'S APPEAL OF FEBRUARY 22, 2008 DECISION BY <br />THE COUNTY ATTORNEY'S OFFICE DETERMINING OCEAN <br />CONCRETE APPEAL OF COMMUNITY DEVELOPMENT STAFF DENIAL <br />OF SITE PLAN APPROVAL WAS UNTIMELY DUE TO LATE FILING <br />FEE <br />Jeffrey Smith, Attorney for Ocean Concrete, argued that the appeal was timely <br />filed within Code requirements, and that the $800.00 appeal fee check was included, but was <br />returned for insufficient funds. He argued the point of whether the County should deny an <br />appeal because of a filing fee discrepancy, and suggested to the Board that the question is, not <br />that there is a legal bar, and they can't go forward, but what is good public policy. He <br />acknowledged that they could be denied on the merits, but should not be barred from being <br />heard. <br />30 <br />March 18, 2008 <br />