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Chairman Bowden asked if the Board wanted to consider this as an appeal. Board members had no <br />objection. <br />ON MOTION by Commissioner O'Bryan, SECONDED by Vice <br />Chairman Davis, the Board unanimously approved to void the <br />requirements for a written appeal. <br />Mr. DeBlois briefly updated the Board on the amount of compliance bonds being discussed. <br />Attorney O'Neil then presented his case. He suggested the error was minimal and <br />insignificant and the punishment would be shocking in light of the crime. <br />Commissioner Wheeler thought staff had verified the evidence presented by Mr. Smith and <br />the Board needed to determine if there was a violation, and whether or not it is diminimis <br />Mike Eisert, Cathco Construction, Vero Beach, at the invitation of Attorney O'Neil, <br />explained his contractual relationship with the subject mine and to what extent he would be impacted if the <br />Board voted to shut down the mines. <br />MOTION WAS MADE by Commissioner O'Bryan, <br />SECONDED by Commissioner Flescher, under discussion, to <br />not approve the resolution revoking the compliance bonds. <br />Commissioner Wheeler said he was accepting Mr. Smith's evidence at face value and was <br />comfortable that staff had verified the evidence. Some Commissioners disclosed that they had received <br />calls from residents regarding the mining issue and they had informed those residents of their inability to <br />discuss the matter because it was slated for hearing today. <br />Commissioner O'Bryan expressed to all parties the seriousness of the Board in fully <br />enforcing the law, in relation to mining violations. The Chairman also cautioned about the violations and <br />assured miners that the law would be strictly enforced. <br />13 <br />January 15, 2008 <br />