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FEB 5 1986 Boa 6J F,{:IAC 547 Planner Challacombe noted that Mr. Berlin signed the Code Enforcement Order and essentially testified that he did remove those trees. Considering the size of.the trees taken out, he did not believe 20 smaller trees would be sufficient compensation, and he suggested the fine of $12,000 be imposed. Commissioner Wodtke wished to hear from the tree experts Mr. Berlin has with him. Mr. Kelly informed the Board that he has been in the nursery business in Florida for about 25 years and emphasized if this land has to be filled 51, it definitely would kill any oak trees. Also, if you plant an 18-201 oak with 6" caliber, it requires at least 20-25 gallons of water per day for 30 days, and it seems there are no maintenance facilities near this site for water, Mr. Kelly agreed a nursery will say they will give a 50% guaranty, but if you don't water the trees every day, they won't guarantee them. He recommended that if Mr. Berlin wants to put in more trees, that he put in containerized trees to eliminate loss. Chairman Scurlock felt an even better solution would be to take the money, hold it in escrow, and not put the trees in until they get the fill in. Discussion ensued re the need for water for the trees and also the approximate cost of the trees. Mr. Kelly figured $300 apiece, and then adding the labor factor, water, bracing, mainte- nance, etc., felt it could be possibly $800 each. Considerable discussion followed about whether to take the money for the fine or put it in escrow. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, to recommend the applicant go back to the Code Enforcement Board and that we suggest to them that the trees not be planted at this time, but that the $12,000 be taken and held in escrow until such time as it has been determined what the use of the property will be. 58