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APR 7 1997 aooK FA.�P <br />was selected because it was away -from adjacent residences. He <br />also mentioned that he thought the landclearing permit issued <br />for the west side of the Boulevard also included the } acre <br />area in question. He was not aware that protected trees had <br />been damaged as a result of the clearing. <br />Based upon the illegal landclearing and number of protected <br />white mangroves removed, the maximum fine specified in the <br />ordinance would be $5,500.00. Mr. Joe Strazzulla indicated <br />that Strazzulla Brothers, Inc. has been very cooperative with <br />the County concerning the Indian River Boulevard project and <br />that any violation of County ordinances was unintentional. <br />Subsequently, he expressed the interest to bring the matter <br />before the County Commission for consideration rather than <br />submit a voluntary payment of the maximum fine. <br />.STAFF RECOMMENDATION: <br />Staff recommends that the Board of County Commissioners consid- <br />er obtaining a voluntary payment of up to $5,500.00, and <br />require the replanting of ten white mangroves at a suitable <br />i location on site. In the event that any said agreement is not <br />forthcoming, staff recommends that the Board of County Commis- <br />sioners grant staff the authorization to pursue available <br />remedies in County Court. <br />Commissioner Bird asked if our ordinance differentiates on <br />mangroves as to whether they are protected or not depending on <br />their location, and Planner DeBlois advised that it pretty much <br />protects mangroves regardless of location. <br />Joe Strazzulla, President of Strazzulla Bros., came before <br />the Board representing the land owners and stressed that they <br />have tried to cooperate in every way. They left what they <br />thought were sensitive trees and gave those instructions to the <br />contractor, and he was unaware there were any of these little <br />white mangroves. Apparently, however, 10 seedlings were <br />destroyed. It is their understanding replacement seedlings can <br />be bought for about $14.00 each, and they are willing to do that. <br />He emphasized that the mangroves in question were not anywhere <br />near tide water but were in a puddle practically in the middle of <br />the project. Mr. Strazzulla further noted that they went to the <br />expense of hiring a biologist who told them there no environmen- <br />tally sensitive species anywhere west of that environmentally <br />sensitive line, and they, therefore, did not tell the contractor <br />to be especially careful because they didn't know anything was <br />there. What was done was inadvertent. <br />60 <br />