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David Phillips, of Culpepper & Tarpening, Inc. of Ft. Pierce, the civil engineer for the project, stated that they did obtain site plan approval. Subsequently, the survey revealed 3 or 4 trees that were in the building pad and 2 that were in the right-of-way. The drainage culvert undermined the trees closest to the right-of-way and they were removed. They sent a fax to the Environmental Department advising of these removals; however, staff has advised that they did not receive the fax. They are now going to Code Enforcement to come up with a plan. They would like to upsize some oaks in the entrance as a mitigation for the improperly removed trees. These oaks were originally to be 12 to 14 feet tall and they propose to plant trees from 17 to 20 feet tall with a girth of 4 to 6 inches in lieu of the fine of $17,000. Commissioner Adams stated that people in this community are really upset with the developer and it is up to the engineer to protect the developer, which they did not do. She felt the property had been raped and questioned whether the fax had been sent. Commissioner Lowther questioned the lowering of the fine from $33,000 and stated that he would support the original fine. Chairman Macht stated that there is nothing the Board can do at this point, inasmuch as the developer has already appealed to the Code Enforcement Board. NO ACTION REQUIRED OR TAKEN. APRIL 22, 2003 21