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in the tree protection area, that the people who destroy specimen trees or historic trees, <br />mangrove or any dune vegetation shall receive the maximum penalty provided by law, which <br />is 60 days in jail. So, the County could turn to the State to prosecute. They prosecute like <br />a misdemeanor but it is not a misdemeanor, it is something just below a criminal offense. <br />Commissioner Macht commented that 60 days in jail is a very interesting concept. <br />Next he asked what would prevent the County, by way of remediation, to ask the developer <br />to replace tree -for -tree. Trees of this size have been transplanted in other sites within the <br />county. That would go a long way toward making the County whole and would not be <br />pleasant for the developer to have to do as it would cost a lot of money. <br />Commissioner Stanbridge also believed it would send a message. <br />Acting County Attorney O'Brien thought that was within the Board's prerogative. <br />MOTION WAS MADE by Commissioner Macht, SECONDED <br />by Vice Chairman Grin, to require the developer to replace tree <br />for tree, diameter for diameter, size for size and species by <br />species. <br />Under discussion, Chairman Adams asked if it was possible to identify the trees, and <br />Director Keating advised that he had a good indication of what was out there and he thought <br />one of the trees was estimated to be a 24 d.b.h. live oak and there were some other large oak <br />trees like that. He reported that staff would be meeting with the developer later in the day <br />to discuss his revised plan for the Jungle Trail buffer area. <br />Chairman Adams understood they put up a performance bond and asked if the County <br />could pull that performance bond. <br />Director Keating responded that in the agenda before them there was the final plat <br />with a proposed bond which would have been accepted for all the infrastructure <br />April 11, 2000 <br />25 <br />BOOK 113 PAGE34 <br />i <br />