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County Attorney William G. Collins II, thought it was a question of "What is the <br />law" and what our requirements are. He discussed County Code and presented case law in <br />support of his arguments, which included filing fee requirements. He suggested that the Board <br />do not hear the appeal, and presented the options of the Board to decide whether to accept the <br />opposing arguments from Ocean Concrete or the arguments of the County Attorney. He <br />recommended that the Board uphold his decision. <br />Attorney Smith clarified for the record, the contention regarding filing fees, that <br />the filing fee was tendered. He thought the real issue was notice to the person and a fair <br />opportunity to cure it before the appeal goes forward. He urged the Board to avoid the <br />temptation to avoid dealing with Ocean Concrete. <br />Commissioner O'Bryan discussed legislative intent and the intent of our ordinance. <br />He thought the Board should be allowed to hear a citizen's case in a timely and non -frivolous <br />manner, and thought the appeal was timely. <br />Chairman Bowden saw it differently. She believes in completeness and felt the <br />application should have the required funds at the time of submittal. <br />The Board continued discussion on whether they were making a policy decision. <br />Commissioner O'Bryan MOVED for Alternative 1, to <br />accept Ocean Concrete's arguments that a filing fee is not <br />jurisdictional and remand to the Planning and Zoning <br />Commission for a decision on the Community <br />Development Director's determination that Ocean <br />Concrete's site plan is not approvable under County land <br />development regulations. There was no SECOND. <br />Motion DIED. <br />31 <br />March 18, 2008 <br />