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County Attorney Will Collins stated that he has brought a draft stipulation with respect to <br />the lawsuit to foreclose code enforcement liens against the Mensing property. The objective is to <br />obtain access from 130th Street across the Mensing property and the northern edge of the North <br />Sebastian Conservation Area to provide access to the Kirrie property. Mr. Collins read and <br />summarized the counterproposals received from Mr. Mensing (copy on file with the backup) since <br />the stipulation was drafted. Basically this is a property deal whereby Mr. Mensing would move his <br />structures out of what could be a 60' access to an industrial area in exchange for the County <br />bearing the cost of that move and releasing all code enforcement fines. It would give the County <br />all rights that Mr. Mensing has to properties that he claims within the conservation area and <br />dissolve any disputes with respect to that lawsuit. Mr. Collins did get comments that clarify but <br />don't change the substance from outside counsel and, if the Board decides to go forward, he will <br />incorporate those comments as well. <br />Chairman Macht said he did not think they could do all that Mr. Mensing proposes. He <br />feels the Board has been stampeded into taking a palliative action that may not be necessary <br />regarding the claim that Mr. Kirrie's use of 129th Street will destroy a neighborhood. He <br />recommended the Board wait to see what actually happens on 129th Street. Mr. Kirrie has <br />demonstrated a willingness to cooperate. His reputation has been one of being honest, and he has <br />stated the impact on 129th will be very minimal. The Chairman felt the Board has jumped to a <br />conclusion that will be costly to the taxpayers and probably will not apply to a situation that has not <br />been demonstrated to exist. <br />Commissioner Ginn had concerns that there may be other businesses that may bring in <br />more traffic in that area. <br />Chairman Macht responded that they would deal with that issue when the time comes. <br />Commissioner Lowther asked how much money Mr. Mensing owes to code enforcement, <br />and Attorney Collins replied that it was about $115,000. <br />Commissioner Lowther said he has a problem with waiving those fees and believes 130th <br />street should be the industrial access. He does not believe we need to accept Mr. Mensing's <br />proposal, but felt that maybe there are other alternatives. This has been going on for three years <br />and he would like to see a resolution. He agreed with Commissioner Ginn that there may be <br />growth in that area. <br />Chairman Macht reiterated the fact that the situation does not currently exist. <br />SEPTEMBER 16, 2003 19 <br />