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07/19/2011 (2)
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07/19/2011 (2)
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Last modified
2/26/2016 11:59:51 AM
Creation date
9/25/2015 5:07:08 PM
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Meetings
Meeting Type
BCC
Document Type
Minutes
Meeting Date
07/19/2011
Meeting Body
Board of County Commissioners
Archived Roll/Disk#
4049
Book and Page
141, 167-198
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except to mow, without first obtaining the required permits , and until the situation is resolved by <br /> the Courts . <br /> Public Works Director Chris Mora presented photos depicting the right-of--way Mr. <br /> Mensing referenced, and the area where herbicide was sprayed to kill exotics and pepper trees . <br /> He clarified that citizens are allowed to maintain County-owned right-of--ways without obtaining <br /> a permit. <br /> Discussion ensued between the Commissioners and staff regarding the removal of the <br /> dead vegetation; the County ' s difficulty in cleaning up the right-of-way property due to debris <br /> interspersed with exotics ; and the liens against Mr. Mensing for property cleanup . <br /> Director Mora felt the best solution to the situation would be to have the property owner <br /> clean up the property . <br /> Mr. Mensing mentioned that this property is not contiguous to Mr . Kirrie ' s property, and i <br /> that there are two active lawsuits against the County regarding the possession of the road, which <br /> he intends to pursue . He has no problem with the mowing of the right-of-way, but he does have <br /> concerns over someone removing material things from the property, especially since the matter is <br /> being contested . <br /> County Attorney Alan Polackwich, Sr. confirmed that the County owns and maintains the <br /> property by reason of a 2008 Resolution. He also pointed out that Mr. Mensing had filed two <br /> lawsuits since 2010 , and both were dismissed by the Courts . <br /> Commissioner Flescher believed the County has the obligation to maintain the right-of- <br /> way, despite the pending litigation. He did not feel staff could/should prevent Mr . Kirrie from <br /> mowing and improving the right-of-way ; and he suggested law enforcement oversee the <br /> maintenance and removal of debris from the right-of-way property . <br /> 0 <br /> 1 10 141PG186 <br /> July 19 , 201 <br />
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