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• • • Table 2 lists five categories of relative tolerance while Table 3 lists only two. There were questions as to which category in Table 3 a tree with a `moderate -good' tolerance would fall under. Staff has reviewed this and reduced the number of categories in Table 2 to three, to match those in Table 3. This was done by reviewing current information regarding the tolerance of those species where the tolerance level was between levels (e.g., good -moderate, poor - moderate) and determining which level was more appropriate. • What is the status of mangroves under this Ordinance? Actions relating to the tree itself (e.g., trimming, cutting, removing) are regulated by the Florida Department of Environmental Protection or the appropriate Water Management District. The County Wetland Protection Ordinance, Chapter 928, regulates the wetland areas where the mangroves grow. Summary of issues raised by the County Attorneys Office. The following is the major issued raised by the County Attorneys Office (the bold item is the issue raised by the County Attorneys Office; the information following the issue is staff s response). • County Ordinance cannot establish specific actions as criminal. Draft ordinance references to misdemeanors and felonies have been removed. Summary of changes made based on all comments received to date Attachment 1 is the proposed Ordinance, including changes to Chapter 901, Definitions. This proposed Ordinance incorporates changes recommended by the PSAC and PZC. Attachment 2 (Table 1) represents the original evaluation matrix as presented to the BCC and the December 7, 2000, Public Workshop. the last column of the matrix represents brief comments regarding what has changed in the current draft. Attachment 3 (Table 2) represents a brief summary of: The existing Tree Protection and Land Clearing Ordinance; The draft originally presented to the PSAC on June 28, 2001; and The current proposed Ordinance. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the proposed revisions to the County Tree Protection and Land Clearing Ordinance (LDR Chapter 927) and Chapter 901, Definitions. ATTACIIENTS 1. Proposed Ordinance: Chapter 927; draft changes to Chapter 901 Table 1 3. Table 2 4. List of Certified Arborist in the area �. Draft Minutes of December 20, 2001, PSAC meeting 6. Diet Minutes of JanuaFp 1. k2, ZC inectirr �jr,_e_7- JANUARY 22, 2002 -33- 811 ca •