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7X Fred Mensing - North Sebastian Conservation A The Board reviewed a Memorandum of December 5, 2001: December 5, 2001 MEMORANDUM To: Board of County Commissioners From: Paul G. Bangel, County Attorney QLi� W. Keith McCully, Esq., P.E., Storm0 ngineer Re: Fred Mensing; North Sebastian Conservation Area Recommendation: It is recommended that the Board of County Commissioners reject Mr. Mensing's requests presented at the December 4, 2001, Board of County Commissioners meeting. Discussion: On December 4, 20011 Mr. Fred Mensing appeared personally before the Board of County Commissioners and presented several requests, which are generally summarized below. (Please refer to the official meeting transcript for a complete listing of the demands.) Mr. Mensing requests that the county act on these requests before December 151 2001, and he suggested that if the county does not act by then, litigation may ensue. 1. Mr. Mensing claims ownership of a strip of land between Lots 2 and 3 inside the North Sebastian Conservation Area (Conservation Area) via a quit -claim deed. He offered to sell the alleged property to the county, but stated that he will sell it to a third party by December 15, 2001, if the county does not act before that date. 2. Mr. Mensing suggested that litigation under Florida Statute Chapter 704 may ensue if the county does not allow him access to the alleged strip. 3. Timbering issues: a. Mr. Mensing claims that several properties outside the Conservation Area, including his homestead property, have remained flooded with standing water since July, 2001, as a direct result of trees being harvested from the Conservation Area. He wants the county to drain the wetlands in the Conservation Area to elevation 18.6. b. He claims that he can now see floodlights from the Wal-Mart store east of his homestead property (Lot 15). He wants the county to construct a minimum 35 foot wide buffer along his homestead property and the property owned by Mr. Sembler. December 11, 2001 NH69 C(! ,-) ;� tu ;