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BOOK 63 P, 1)545 <br />Administrator Wright noted that Mr. Berlin requested that he <br />be allowed to go to the County Commission and that is why this <br />matter is here. <br />Director Keating reviewed the history of this matter, noting** <br />that this was the first tree violation enforcement case. Staff <br />at that time was trying to determine how best to work out tree <br />violations and was looking mostly at restoration and replacement. <br />The County Commission did not feel that restoration/replacement <br />was sufficient penalty, and Director Keating believed that's when <br />the Commission directed staff to require people to pay the <br />maximum amount of fine, or come to the Commission to possibly <br />have it reduced or waivered somewhat. In this case, since a <br />stipulation had been made, the attorneys felt it was best for <br />staff to take any recommendations from the Commission back to the <br />Code Enforcement Board for ratification. Director Keating <br />emphasized that this is not a formal appeal, and it is not <br />circumventing any mechanism; the respondent is just trying to see <br />if the stipulated settlement can be revised somewhat and brought <br />back to the Code Enforcement Board. <br />Chairman Scurlock asked if Mr. Berlin can't appeal to the <br />Enforcement Board, but Attorney Vitunac noted that is over and <br />done with. <br />Discussion continued with Chairman Scurlock noting that he <br />did not want to be involved with this week after week. <br />Environmental Planner Art Challacombe wished to make a <br />clarification. He noted that staff does not take tree, land <br />clearing and mangrove violations, to the Code Enforcement Board; <br />they go directly to the County Commission for its deliberation or <br />to court. This particular case, however, did go to the Code <br />Enforcement Board to have the stipulated agreement formally <br />adopted. <br />Chairman Scurlock then addressed the argument made re <br />planting 4" DBH oak trees instead of 6" because they would have a <br />better survival rate. <br />56 <br />