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On August 15, 1986, staff met with Mr. Don McNeil, General Manager for Vista Royale. He explained that the mangroves were damaged in their (Vista Royale .Associates) effort to stabilize a drainage canal embankment, which was eroding to a point of potential damage to a swimming pool located behind the Lakeview Clubhouse. He indicated that he was not aware that a mangrove alteration permit was required. Mr. McNeil also stated that he would obtain cord - grass (Spartina patens) and approximately thirty (30) red man- groves (Riz02hora mangle) from Otto Bundy of Horticultural Systems, Inc., to revegetate the embankment. An inspection of the site on August 21, 1986, revealed that, in fact, the embankment was being revegetated, as Mr. McNeil had indicated. If Vista Royale Associates had applied for a mangrove alteration permit prior to the damaging and/or destruction of the six, (6) mangroves., it is staff's position that a permit would not have been issued; stabilization of the east canal embankment could have been performed without necessitating alteration of the six (6) mangroves (which were located on the west bank of the canal). ALTERNATIVES & ANALYSIS: Section 23#-6(a), Tree Protection, of the Code of Laws and Ordi-_ _ nances of Indian River County, Flor-ida prohibits the performance of any mangrove alteration unless a permit has first been issued by the County. The ordinance further specifies that a violation of this provision shall be punishable upon conviction by a fine not to exceed five hundred dollars ($500) for each tree or by imprisonment in the County jail for up to sixty (60) days, or both. - Based upon the number of mangroves that have been illegally-, cut, the property owner faces a maximum monetary fine of $3,000 dollars. In effectuating a settlement, the Board of County Commissioners has the ability to consider any voluntary payment and/or restoration offer from the owner as restitution. STAFF RECOMDIENDATION: Staff recommends that the Board of County Commissioners consider obtaining a voluntary payment of $3,000 dollars, in addition to completed restoration of the area by the property owner- In the event that any such agreement is not forth -coming, staff recom- mends that the Board of County Commissioners grant staff the authorization to pursue available remedies in County Court. Commissioner Bowman noted that the mangroves that were destroyed and damaged were not even on the same bank of the canal that was being stabilized. Mary Kennelly, President of the Vista Royale Association, Inc., pointed out that this is the first time they have been in violation on any of the improvements, and it comes as sort of a shock to them. Don McNeil, General Manager of Vista Royale, presented a site plan showing the location of the canal and why it was necessary to prop up the concrete around the pool area. In their 37 L_ SEP 2 1986 BOOK 65 1'}AGE 5 753