01/15/2008 (2) - Laserfiche WebLink

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Coast (now known as Seacoast National Bank) Irrevocable Standby Letter of Credit No. 2006-07 dated March 29, 2006. Ranch Road Lakes Sand Mine Eugene O'Neil, Esquire, representing Ranch Road Lakes Sand Mine, was willing to "call this our appeal process." The Board briefly debated whether to have a vote to call this an appeal. Chairman Bowden invited staff to present its analysis and findings. Chief of Environmental Planning Roland DeBlois presented background on the code violations by Ranch Road Sand Mines, by recapping backup memorandum dated January 8, 2008. Code Enforcement Officer Kelly Zedek read the Affidavit on her observation of vehicular operations at the subject mine. She displayed photographs of trucks in the area and explained her observation of the movements of each truck. She thereafter responded to questions from the Board. Attorney O'Neil requested permission to question Ms. Zedek, and staff had no objection. Steven Smith, owner of Ranch Road Sand Mines, concurred that the trucks Ms. Zedek observed did come out of their sand mine. He, however, defended the actions of the two "new" truck drivers because it was their first day working in Vero Beach and they were not familiar with the area. He said the violation was a one-time occurrence, which was immediately remedied. He thought that to shut down the mines because of a legitimate mistake that was immediately corrected was "unconscionable." He pleaded to the Board for reasonableness. Mr. Smith thereafter responded to questions from Commissioner O'Bryan regarding orientation of new drivers. Commissioner Wheeler asked if the evidence presented by Mr. Smith was verified. Director Keating confirmed that staff had verified the evidence. Attorney Collins explained the "waiving of an appeal" in response to comments by Attorney O'Neil that they would waive any future appeal. 12 January 15, 2008