04/24/2008 (2) - Laserfiche WebLink

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He inquired of Attorney Collins how we could do this, in this instance, and still deal with Ocean Concrete. He declared that after listening to both sides of arguments, he had changed his position that he would listen to the appeal. He thought in this process it was important that we treat people fairly and objectively, and believed it was unfair to the neighborhood. MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Flescher, to hear the appeal. Chairman Bowden gave her understanding of the process used by staff as it relates to the current issue. Director Boling affirmed her understanding as correct. She thought they should hear the appeal to be fair to the residents. Commissioner Flescher addressed comments from Attorney Vitunac regarding rules of understanding, and defended Mr. Hedin's lack of knowledge on the procedure. He believed the timeline is somewhat convoluted, and felt we have an obligation to the community and all affected parties to have this heard. Commissioner O'Bryan recalled that at the March 18, 2008 meeting regarding Ocean Concrete, he had spoken at length regarding the interpretation and intent of the law and legislative process, and had stated that the intent was to allow citizens the right to have their appeal heard before the Board. He recapped the subsequent actions of the Board regarding the Ocean Concrete appeal, and how he had opposed the Motion to not hear the appeal based on a technicality, that the check was not timely filed. He did not agree with that, but felt if that is our policy then we need to follow policy. His concern was, if we follow policy, then we have no alternative but to deny this appeal because it was not filed timely, among other things. He cited a portion of Section 902.07 of the Code regarding "purpose and intent" and reiterated his belief that residents should have the right to come before this Board and plead their case. On the other April 24, 2008 16 Special Call Meeting (The Source)