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violation shall be punishable upon conviction by a fine not to <br />exceed five hundred dollars ($500) per tree and landclearing <br />activity or by imprisonment in the County jail for up to sixty <br />(60) days, or both. <br />Based on the illegal landclearing:and number of protected trees <br />removed, that maximum fine in - .this case is $15,000.00. ' Staff <br />met with Mr. Cunningham on June 15, 1987; it was agreed that <br />the matter would be scheduled before the County Commission for <br />consideration. <br />STAFF RECOMMENDATION: <br />Staff recommends that the Board of County Commissioners consider <br />obtaining a voluntary payment of up to $15,000.00 dollars, in <br />addition to the requirement of after -the -fact permits. In the <br />event that any said agreement is not forth -coming, staff <br />recommends that the Board of County Commissioners grant staff <br />the authorization to pursue available remedies in County Court. <br />Staff Environmental Planner Roland M. DeBlois advised that <br />the owners admit their error, are very -apologetic, and wish to <br />cooperate to the fullest extent. <br />Ray Cunningham of Gator Lumber stated that both he and <br />co-owner, Pat Loftis, admit their guilt in this matter. He <br />pointed out that it was his responsibility, however, to handle <br />things like this, but unfortunately, with the heavy work load, he <br />failed to order the tree survey. While he was out of state in <br />mid-May, his partner arranged for the land clearing at a reduced <br />rate, not realizing that a land clearing permit had not been <br />obtained as yet. While the excavator was there, he got stuck, <br />and a few trees were knocked down in order to get him out. Mr. <br />Cunningham reported that they have a quote of $1337.63 from Oslo <br />Nursery for replacement of 29 trees at $45 each, planted. <br />Commissioner Bowman felt the trees must be pretty small for <br />that amount, but Mr. Cunningham said that they are to be 8 feet <br />in height. <br />When Mr. Cunningham admitted that no bay trees were listed <br />on the replacement quote, Commissioner Bowman emphasized that <br />they had destroyed something they could not replace. <br />Mr. DeBlois pointed out that the Board could fine them $500 <br />each for the 10 bay trees that cannot be replaced, and Chairman <br />Scurlock arrived at a total fine of approximately $7000, which <br />included $5000 for the bay trees, $240 for after -the -fact permits <br />23 BOOS FAi C7 <br />JUL 211.�� J <br />� I <br />