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r <br />-8 9 7 <br />F" � e <br />�UCJF 1 f,'� ,E 568 <br />Commissioner Bird felt that an alternative would be to have <br />the developer use their engineer or retain engineers to come up <br />with a restoration plan and submit it to the County for approval. <br />He believed they are embarrassed by what has happened and would <br />like to try to do something about it. <br />Commissioner Eggert stressed that something definite needs to <br />be done, regardless of how the burden should be placed. <br />Commissioner Bowman emphasized that a few weeks ago the Board <br />was told that the Town of Orchid had adopted a landscaping <br />ordinance, and Director Keating explained that one of the <br />conditions of the realignment of Jungle Trail is that they would <br />adopt tree protection and landscaping ordinances that are at least <br />as strict as the County's, but he wasn't sure whether they have <br />accomplished that as yet. <br />Chairman Wheeler preferred to have the developer hire an <br />outside consultant rather than using their own engineer because <br />this isn't the first time this has happened. We end up approving <br />something and then mysteriously some things occur that nobody <br />seems to know why or how they happened. All the apologies are <br />there, but the trees are gone and the mangroves are gone. He <br />asked if our tree protection ordinance affects this, but Director <br />Keating explained that our tree protection ordinance doesn't apply <br />to the Town of Orchid. He believed the trees are missing from the <br />buffer area or the conservation area that is adjacent to the <br />realigned Trail, and our tree protection ordinance applies only <br />within the unincorporated parts of the county. It doesn't even <br />apply to the County rights-of-way in the incorporated areas nor <br />does it address the understory. <br />Commissioner Bowman pointed out that it does address West <br />Indian species; so, if the understory is West Indian, it is <br />protected. <br />Commissioner Bird preferred to give them an opportunity to <br />develop a restoration plan and see if it meets our approval before <br />we go out and hire a consultant. <br />46 <br />