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11.H.2. BARBER STREET WALGREENS - DEVELOPER <br />AGREEMENT - FINAL PAY REOUEST - SOUTHERN <br />DEVELOPMENT SERVICES - PROJECT CDS/CCS 2088 <br />ON MOTION by Commissioner Adams, SECONDED by <br />Commissioner Lowther, the Board, by a 4-0 vote (Vice Chairman <br />Ginn absent) unanimously approved payment to Southern <br />Development Services, Inc. in the amount of $76,337.12, as <br />recommended by staff. <br />12.A. C. N. KIRRIE (MENSING) CODE ENFORCEMENT BOARD SUIT <br />SETTLEMENT <br />County Attorney Will Collins explained that the County has a Code Enforcement lien <br />against the Mensing property which has been ongoing for a number of years. The Board had <br />authorized a suit to foreclose that lien. Mr. Kirrie became involved in this suit because of a purchase <br />from Mr. Mensing of a strip of land involved in the suit. Mr. Kirrie does not wish to go to the <br />expense of litigation and has proposed a settlement through his attorney, Warren Dill. The letter <br />from Mr. Dill explaining the proposed settlement is included in the backup. <br />Commissioner Adams objected to allowing the use of 1291h Street, which runs through a <br />residential area, rather than 1301h Street which would more appropriately serve an industrial use. <br />County Attorney Collins reminded the Board that the North County Conservation Area <br />Incidental Take Permit for Scrub Jays contained a condition that 1301h Street would be abandoned <br />and no traffic would be introduced in that area. <br />Commissioner Adams believed the permit could be modified and Attorney Collins agreed. <br />ON MOTION by Commissioner Neuberger, SECONDED by <br />Commissioner Lowther, the Board, by a 3-1 vote (Vice Chairman <br />Ginn absent and Commissioner Adams opposed) approved the <br />JUNE 24, 2003 16 <br />