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decide to go along with the alignment change, can we lock it in <br />legally so we have our setbacks and our buffers. <br />Asst. County Attorney Collins stated that we can lock it in. <br />The developer owns the land and can put restrictions on it that <br />will supersede anything the Town will permit. <br />Chairman Wheeler asked if the Polo Club annexes into the <br />Town is there anything to protect the rest of the Trail in the <br />future, and Attorney'Collins believed the Statute has changed <br />some on what can be done. We might have some leverage, but he <br />could not say that it would much at this point. <br />Mr. McQueen commented that there has been no indication that <br />the Polo Club wants to be annexed, and he felt the practicality <br />of that happening is very unlikely. <br />Commissioner Bowman stated that one of the many things that <br />bothers her about this is that the County will have no control <br />whatever over the buffer. <br />Mr. McQueen pointed out that under their proposal the <br />control is being given to the -County and the Town of Orchid <br />jointly. <br />Commissioner Bowman felt that is worthless since the Town <br />doesn't have the ordinances regarding tree protection, storm <br />water, etc., as the County does. <br />Mr. McQueen advised that the Town's ordinances almost <br />exactly track the County's ordinances, and they are in place. <br />Commissioner Bowman doubted that the Town's ordinances give <br />any protection to the 30 West Indian species, and Mr. McQueen <br />advised that the Town's tree protection ordinance simply says you <br />must get a permit and address what is in place. They did get a <br />permit from the Town of Orchid, and that permit exempted the <br />corridor along Jungle Trail until after this hearing. He stated <br />that he would have no problem with asking the Town to pass an <br />ordinance that would adopt this plan as the management plan. <br />92 <br />Chairman Wheeler <br />asked the County Attorney if <br />we should <br />decide to go along with the alignment change, can we lock it in <br />legally so we have our setbacks and our buffers. <br />Asst. County Attorney Collins stated that we can lock it in. <br />The developer owns the land and can put restrictions on it that <br />will supersede anything the Town will permit. <br />Chairman Wheeler asked if the Polo Club annexes into the <br />Town is there anything to protect the rest of the Trail in the <br />future, and Attorney'Collins believed the Statute has changed <br />some on what can be done. We might have some leverage, but he <br />could not say that it would much at this point. <br />Mr. McQueen commented that there has been no indication that <br />the Polo Club wants to be annexed, and he felt the practicality <br />of that happening is very unlikely. <br />Commissioner Bowman stated that one of the many things that <br />bothers her about this is that the County will have no control <br />whatever over the buffer. <br />Mr. McQueen pointed out that under their proposal the <br />control is being given to the -County and the Town of Orchid <br />jointly. <br />Commissioner Bowman felt that is worthless since the Town <br />doesn't have the ordinances regarding tree protection, storm <br />water, etc., as the County does. <br />Mr. McQueen advised that the Town's ordinances almost <br />exactly track the County's ordinances, and they are in place. <br />Commissioner Bowman doubted that the Town's ordinances give <br />any protection to the 30 West Indian species, and Mr. McQueen <br />advised that the Town's tree protection ordinance simply says you <br />must get a permit and address what is in place. They did get a <br />permit from the Town of Orchid, and that permit exempted the <br />corridor along Jungle Trail until after this hearing. He stated <br />that he would have no problem with asking the Town to pass an <br />ordinance that would adopt this plan as the management plan. <br />92 <br />