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Chairman Scurlock expressed concern with the Commission <br />telling the Code Enforcement Board anything as he still believed <br />this matter should not have been before the Commission <br />Director Keating explained the reason it was decided to <br />bring all tree, land clearing, and mangrove violations to the <br />Commission is that the Code Enforcement Board cannot impose a <br />fine until the applicant does not comply with the Order. It was <br />not felt fair to tell someone who removes large trees, that all <br />they have to do is replace them with a few small ones - in <br />essence the basis of the tree protection ordinance has not been <br />complied with. Here the Commission can require them to pay the <br />maximum fine or allow staff to take them to circuit court. <br />Administrator Wright felt we must look carefully on sending <br />a recommendation back to the Code Enforcement Board and second <br />guessing them as they were set up to act independently. <br />Commissioner Wodtke commented that we sent them a recommen- <br />dation and they rubber stamped it; so, he now does not have any <br />problem with sending them back another recommendation. If there <br />is not an agreement, let them continue on with the Stipulation. <br />It was agreed that was the intent of the Motion. If Mr. <br />Berlin agrees, he pays the $12,000 and it will be held in escrow. <br />If he disagrees, until he takes the remedial action, he will have <br />a fine of $100 a day and a lien will be placed on his property. <br />THE CHAIRMAN CALLED FOR THE QUESTION. <br />It was voted on and carried unanimously. <br />REQUEST TO EXTEND PAVING ASSESSMENT PAYMENT - (KINGSWOOD SUBDV.) <br />The Board reviewed memo of Public Works Director Davis: <br />59 <br />5 1966 Boos 6 Ft c 548 <br />L_ FEB J <br />