6/27/1989 - Laserfiche WebLink

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Director Keating answered in regard to jurisdiction that the very southern part of the Trail is within the Town of Indian River Shores and the County does not have jurisdiction there either - although we do have a 40' maintenance easement. He advised that he had the same letter FAXED to him by Ms. Walker. It appears Ms: Walker is stating that there has to be this buffering of the Trail to reduce the impact, etc., and the whole basis of staff's recommendation was that staff does not have the ability to ensure that within the Town of Orchid and we have been operating under the worst case scenario which conceivably could be no buffer. Attorney Doty pointed out that there is no decision made as to whether the Management Plan is enforceable in the Town of Orchid and whether the 25' easement adequately protects the road. Commissioner Eggert asked what happens if the Town of Orchid opts out of the plan and enacts their own. Chairman Wheeler agreed there is a risk involved. It appears in talking with some of the legal counsel, that while no one has said they would do such a thing, apparently they have the right to go right up to the line and put up a concrete wall. It is easy to say we want to protect that road, but we are gambling on whether we can or not. Attorney Doty felt none of us would have to gamble if the Board would defer until the questions he asked earlier were answered. Discussion continued at length regarding what could happen to the Trail, and Commissioner Scurlock noted that for some reason there is an implication that to be historical, the road has to be on the National Register, and that is bunk! Whether we either get on or don't get on the Register doesn't make this historic. That is not the issue. Attorney Doty agreed that is not the issue. It is historic and has been recognized as such, and the Management Plan mandates that the County will actively support the Historic Society's 63 JUN 2 `! 1999 Boor �a; 01