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to submit within 60 days after the March 21 Special Magistrate hearing. It was provided to his staff on May 21, he told Wittmer. However, Bailey continued, two of the items were deficient. He added that he planned to issue a memo that day with comments detail- ing his review of the plan. Wittmer noted that she gave Bob's Boathouse 120 days from the March 21 hearing to com- plete installation of the lighting according to a plan approved by the county. Regarding the removal of nuisance and inva- sive vegetation on the property — for which work Wittmer had allowed 45 days from March 21 — Jim Dierolf of the Natural Resources Department testified, "Substantial progress had been made." In response to a question from Wittmer, Dierolf estimated, "They're pretty close to 75, 80 percent." Additionally, he told Wittmer, some of the watercourse buffer plants have been installed; that item had a 90-day timeline. "They should be able to complete that plant- ing" within 90 days, he said. SUMMING UP After the testimony ended, Pearce said of the Bob's Boathouse owners, "There are instances where they certainly could have moved a lot more quickly to bring things into compliance." The county's recommendation, he continued, was to set a penalty hearing after the 120-day period had ended. "They are totally out of compliance and in vio- lation" in regard to 10 of the punch list items, Wittmer responded. "We also discussed at great lengths [on March 21] that we felt that the time given to each of these items was reasonable." After considering options, Wittmer concurred with Pearce that the best course was to set the penalty hearing for July 25. Pearce explained to Aker, "There will be a penalty associated with missing the deadlines in the [March 21] compliance order. … The calculation of the penalty will depend upon when [the business came] into compliance; a daily fee for each." Wittmer also advised Aker that in terms of testimony on July 25, "I don't want to bring up issues that have already been raised and discussed and ruled on." Aker agreed that he would offer only "reasons why time limits were not met." % For a complimentary consultation call 941.923.5406 | Christine Koval, D.M.D. | www.askdrkoval.com Tonya Herschberger & Linda Keefe "After a terrible accident I required surgery. Tonya shared with me that Dr. Koval was responsible for her beautiful smile. She gave me hope and direction. I'm so grateful to Dr, Koval. Now I have a smile that I love to share with everyone." Sarasota News Leader May 30, 2014 Page 26