4/21/1992 - Laserfiche WebLink

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County Commission. Under Section 927.17, it only provides that the County or any aggrieved party having a substantial interest in the protection provided by the chapter may apply to a court. It gives no remedy to someone who has been accused. Attorney Garris felt it is a great wonder of due process. His point is that he is here on consent that he said he would attend. As far as he is concerned, the ordinance is defective in its very existence. County Attorney Charles Vitunac explained that the County's position is that we always try to work these cases out at the County Commission level in order to keep them out of County Court. If Attorney Garris prefers that we do this in County Court, we have ways to do that. We believe this is more or less a voluntary special master. Staff has made allegations against Attorney Garris' clients and has certain proof, and we are providing the opportunity to explain to the Board of County Commissioners whether the staff has reached too far or something. Attorney Garris said he was more than happy to have the County Commission hear this matter today and hopefully resolve it. He was just bringing this out as a point of law that he thinks the County Attorney's Office should address themselves to the ordinance, perhaps in keeping with what was passed in a public hearing earlier today. Discussion ensued on whether the ordinance needed to be changed, and Assistant County Attorney Terry O'Brien felt it should be clarified. Attorney Vitunac agreed that the ordinance could be clarified, but wished to emphasize that we are not stepping on. Attorney Garris' rights here today. Chairman Eggert announced that she already has asked the County Attorney to clarify that. Attorney Garris circulated photographs of the mangroves taken after the freeze in 1989 and recent photographs showing the mangroves to be uneven, not hedged. He noted that the pictures show how healthy these mangroves are and how much they have expanded from where they were after the freeze in 1989. Commission Scurlock noted that staff's pictures of March, 1992, show two little branches that perhaps were cut and a little leaf that was -cut. Attorney Garris maintained that the mangroves were not cut and that what is being called hedging is merely an uneven line. He didn't believe that constitutes cutting. Mr. DeBlois admitted that the pictures of two little cuts and the. cut leaf is the only evidence staff has other than what they have observed. 51 APR 21199 L