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fees from future development, and authorized the <br />Chairman to execute same, as recommended in the <br />memorandum of September 30, 2005. <br /> <br />AGREEMENT IS ON FILE IN THE <br />OFFICE OF THE CLERK TO THE BOARD <br /> <br />12. COUNTY ATTORNEY – HERON CAY DRAINAGE STATUS <br />REPORT <br /> <br />County Attorney William Collins gave the history of the Heron Cay issue <br />including previous investigations and steps made to try to resolve the issue. He stated the issue <br />has gone to court and the judge decided that the Code Enforcement Board is to decide whether <br />there are any violations and who is responsible for them. Once the Code Enforcement Board has <br />ruled it will go back to court as a civil suit and the judge will decide on all of the legal issues. <br />Attorney Collins suggested surveying a quarter of the properties cited to have severe problems <br />and notifying all of the residents of Heron Cay that there will be a Code Enforcement hearing. <br />Commissioner Wheeler felt this is also a health and welfare issue, not only for the <br />people in the mobile homes but for the surrounding residents also. He asserted if this was a <br />health and welfare issue it needs to be fixed. <br />County Attorney William Collins explained that because it is a health and welfare <br />issue there is a possibility that the residents may have to bear the expense of correcting the <br />problem and if the homes have to be moved to place fill in then it could cost up to ten thousand <br />dollars a unit. <br />Bob Toll <br />, 231 Bimini Cay Circle, reminded the Board of the judges decision and <br />stated that five percent of the homes should be surveyed to get a fair and accurate picture. <br />Gwendolyn Rip <br />, President of the Homeowner’s Association at Heron Cay was <br />concerned with the amount of surveys to be done. She stated that Heron Cay residents believe <br />October 11, 2005 25 <br /> <br />