7/23/1991 - Laserfiche WebLink

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ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, Chairman Bird voting in opposition, the Board by a 4 to 1 vote, approved and authorized the Chairman to execute the Agreement of Settlement and any necessary release forms, and authorized payment of 50% of the settlement amount to Eldridge Wheeler, as recommended by staff. SAID AGREEMENT OF SETTLEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD Under discussion, Chairman Bird felt it was difficult to sit as judge and jury and to decide what the County's legal involvement might be, and $3,653.20 is not a big sum, but from the brief information he had received he found it hard to believe the County was negligent. Attorney Collins stated that it very well may be that we are not negligent but thought the cost of depositions and attorney's fees could cost more than the amount of the settlement. Commissioner Bowman felt anyone should be able to see that water two feet deep would kill trees. Commissioner Scurlock stated that we have resident inspectors on these projects; if this situation had been reported, it would have been remedied. Utility Services Director Pinto confirmed that, and assured the Board we are in the lawsuit because we disputed the allegations. He stressed that we in no way, shape or form are admitting guilt. Our intent is to avoid the cost of carrying this issue through the legal process. Mr. Pinto added that we did have inspectors on site, the owner was on site, and if there was a problem of pumping water, it would have been a very simple matter to remedy, but no complaint ever came through the utilities office. SPECIAL DISTRICTS Chairman Bird announced that immediately upon adjournment the Board of County Commissioners would reconvene sitting as the District Board of Commissioners of the Solid Waste Disposal District. Those minutes are being prepared separately. 43 J U L 23 1991 L- -