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13. COUNTY ATTORNEY MATTERS <br />13.A. UPDATE ON COURT'S DECISIONREGARDING OCEAN CONCRETE AND THE <br />NEED TO SETA HEARING DATE FOR THE SECOND HALF OFAPRIL <br />Assistant County Attorney George Glenn outlined his Memorandum dated March 3, <br />2010, providing the Board with background, recent updates relating to the Ocean Concrete <br />appeal, and the Court's decision to set a hearing date. He requested the Board set two hearing <br />dates, one for the denial of the site plan application extension request, and the second on the <br />denial of the site plan. He noted that Ocean Concrete's lawyers requested the hearings be set no <br />earlier than the second half of April. Attorney Glenn inquired whether the Board wanted to hold <br />the first hearing at a regularly scheduled meeting or at a special call meeting, and if the <br />Commissioners wanted to schedule the second hearing at this time. <br />Attorney Polackwich clarified the specifics of the site plan application; the changing of <br />the code between filing the second application for site plan approval and the expiration of the <br />application; exceptions that deal with vested rights and constitution arguments; and setting a <br />hearing on the extension to determine if there is good cause. He stated that if the Board, staff, or <br />public cannot come up with a good reason for denying the extension, then the extension of the <br />application must be granted. <br />Discussion ensued between the Commissioners and staff regarding the concerns over the <br />plant, approving/denying the extension, the progress of the decisions that need to be made, the <br />denial of the site plan, and whether to set both hearing dates today. <br />MOTION was made by Commissioner Wheeler, <br />SECONDED by Commissioner Flescher, for discussion, <br />to set the hearing date for April 20, 2010, the same day as <br />the Regular Board of County Commission Meeting. <br />11 <br />March 9, 2010 <br />