2/21/1989 - Laserfiche WebLink

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'FEB 211939 BOOK 76 FMJL200 Commissioner Scurlock noted that staff is telling us we can make these requirements, and we are not acting illegally. Commissioner Eggert agreed, but stated that even so, she still has a concern about voting on this without seeing visually what the different options could be and she would like to table this for a week. Chairman Wheeler asked if we have the option to say they can't clear out the vegetation that is there and they must either leave that or replace it with a list of plant we make up. Director Keating advised that was one of the options presented at the PAZ meeting. Chairman Wheeler asked if that is a legal position for us to take, and Attorney Vitunac noted that while those particular exotic pepper trees are not protected anywhere else in the county, Jungle Trail is a unique road. Director Keating agreed that the vegetation in question actually is considered invasive nuisance vegetation, but noted that it works well for John's Island. Commissioner Bird pointed out that nobody in John's Island wants to look at the cars on A -1-A, but the people in Sea Oaks want to be able to took at the river. He also believed that the majority of the people traveling Jungle Trail are interested in looking at the river and not the east side of the Trail. Attorney Barkett expressed his belief that if between now and the time the Management Plan was adopted, everyone in the county cut down all the Brazilian Pepper trees, the County would have a hard time taking someone to court and convincing a judge that this should not have been done because the county intended to adopt a rule about it. Chairman Wheeler felt the difference is that this is a designated scenic trail and different rules would apply. County Attorney Vitunac agreed that Attorney Barkett is right for every other road in the county except Jungle Trail. He felt Attorney Barkett is missing the best compromise of all, 40