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Commissioner Bird understood that the County is not saying <br />that he has to leave the trees nor saying that he has to take them <br />out. Rather, we would encourage him to take them out and replace <br />them with a non -exotic species, which he has indicated he might be <br />willing to do. <br />Mr. Beuttell confirmed that he would be willing to remove the <br />pines and plant cedars if he wasn't required to put in an <br />irrigation system, and Chairman Adams said that we just took care <br />of that if a zeroscape is done. <br />Deputy County Attorney Will Collins wanted to address a couple <br />of the issues that the P & Z raised about the Caribbean fruit fly: <br />1) The County would not be enforcing the deed restriction. <br />If there was a deed restriction prohibiting certain kinds of plants <br />because they are host to the Caribbean fruit fly, that would be for <br />the property owners' association or members to enforce. <br />2) Since we are putting a Planned Development into an <br />agricultural area, the Board can give PD approval with the <br />condition that they not have any host plants. If they did, that <br />could be brought to Code Enforcement rather than filing suit in <br />court like the property owners might. Code Enforcement could <br />simply notify them that the plants are prohibited and that they <br />have 30 days to remove them. It is simply a second option; we are <br />not enforcing the deed restriction. <br />3) The deed restriction and condition could be drafted such <br />that the prohibition of host plants terminates upon the actual use <br />of the land being amended from agricultural to some urban use for <br />the existing citrus. We don't have to come up with the exact <br />language today because the deed restriction won't be in place until <br />the final plat is approved. He felt we can work out termination of <br />such a condition and the restrictive covenant at such time that <br />citrus is no longer grown adjacent to the property. <br />Mr. Beuttell stated that he really did not have a problem with <br />having some kind of covenant in there because he sympathizes with <br />the citrus growers. The problem should be taken care of and he is <br />willing to do that. <br />Ed Elliott, partner in Elliott and Johnson Groves and part <br />owner of 80 acres to the east, felt that the deed restriction puts <br />the enforcement of trying to eliminate the host plants on the <br />property owners or the citrus growers around the Planned <br />Development. They feel that the responsibility on this issue <br />should fall back on the County. Mr. Elliott stressed that this is <br />33 BOOK 97 �tvF2�,�� <br />FEBRUARY 6, 1996 <br />