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Vice Chairman Scurlock pointed out that we do not have <br />knowledge of what the actual frost damage amounted to. <br />Planner Challacombe noted that in other cases, staff works <br />with the applicant in coming up with a design system that would <br />meet their needs and the ordinance. <br />The Vice Chairman inquired what amount he had in mind for <br />punitive damages, and Mr. Challacombe stated that he did not have <br />any specific amount in mind; the fine actually is $500 per tree, <br />but he just wanted people to become aware that the mangroves are <br />protected. <br />Vice Chairman Scurlock believed part of the process is <br />better education, and Nurseryman Haeger agreed. He felt an <br />article in the newspaper would help to inform the people. <br />Commissioner Bird asked about the Board's latitude in regard <br />to levying damages, and Attorney Brandenburg explained that the <br />Commission doesn't levy fines or penalties, but if the violator <br />is not willing to pay voluntarily into the fund that has been <br />established whatever amount the Board may request, the Board then <br />can take them to court and try to impose the maximum fine set for <br />the violation. <br />Commissioner Bird wished to know if some type of mitigation <br />plan will be submitted and an after -the -fact permit will be <br />issued, and this was confirmed. <br />MOTION WAS MADE by Commissioner Bird, SECONDED <br />by Commissioner Bowman, Chairman Lyons being absent <br />and Commissioner Wodtke being temporarily delayed, <br />to request Mrs. Lawson to contract with Mr. Haeger's <br />firm to get an after -the -fact permit for the pruning <br />of the mangroves accompanied by a mitigation plan <br />and that punitive damages be set at $250 total. <br />Commissioner Bird informed Mrs. Lawson that we have to assess <br />some damages in order to get across to the public that there are <br />41 A <br />BOOK L P'GE 45 <br />`JL 10 1985 <br />_ J <br />