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We don't have a strong case. Jan's verbally allowing additional width without quantifying that width places the <br /> issue open to claims of their misunderstanding his interpretation. Five defense witnesses against one <br /> prosecution witness will place allot of pressure on Jan's testimony. <br /> The political pitfalls for the program here are significant if we don't take care. With us asking for a low fine or <br /> low negotiated settlement (will be public information) the question will arise if we are not again "rolling over' to <br /> developer interests. The second question would be: Are you covering for an employee who "blew it "? While we <br /> have taken efforts with changes to the Administrative Rules and disciplinary action to make sure this doesn't <br /> happen in the future, I can't help but feel we did "blow it ". <br /> RECOMMENDATION: <br /> I recommend we authorize Jens to negotiate a fine with Bardwell /Rauber. The initial settlement offer could be <br /> around $8,000. This is loosely based on what it may costs them in legal expenses to contest the illegal tree <br /> removal in Municipal Court and the Legal contesting of the tie to the PUD. As a low end on the negotiation, I <br /> would recommend we don't go below the $5,500 figure which is what we estimate the timber may of been worth <br /> minus the costs of getting it to market. <br /> If Bardwell /Rauber wasn't willing to settle within these limits (and they very well may not), I believe the political <br /> benefits of a publicized court case may be of greater value to the tree program than the fallout with the public for <br /> a lessor settlement. We likely could loose such a case. However, the public may be satisfied by our aggressive <br /> enforcement through court and a showing that we intend to forestall future similar instances from occurring <br /> through changes in the ARs and possibly the code in next falls tree ordinance public hearing. <br /> This is a time sensitive issue and we need to convey instructions to Jens Schmidt as soon as possible. <br /> Page 2 <br />