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BOOK 95 PAf c 130 <br />outstanding judgments on the property for $150,000 and $23,000, <br />which are accruing interest. These liens and any mortgage <br />foreclosure actions would be superior to the County's liens and <br />would likely wipe out our liens entirely. <br />Attorney Collins went on to advise that we could go forward in <br />part in having the soils tested and if they do not contain <br />hazardous materials, have them removed using the money from the <br />Environmental Health Department. Another suggestion would be to <br />proceed as recommended at the last meeting, by simply boarding <br />up/securing the property, trying to make it look as good as <br />possible, and not put any money at risk. <br />Commissioner Eggert inquired if the County would be <br />responsible if anyone were hurt on the property if it were boarded <br />up. Deputy Attorney Collins advised that, at this point, it might <br />be considered an "attractive nuisance", and the County would not <br />have any liability. If we were to make it less of a nuisance by <br />boarding it up, he believed the County would not have -any liability <br />for trying to abate a nuisance. <br />Commissioner Adams thought boarding the building was a waste, <br />and as much as she wanted to see the eyesore removed, she could not <br />support it because of risking the money. She believed, however, <br />that the County had an obligation to remove the dirt and the funds <br />were available for that. <br />Attorney Collins suggested that one of the least expensive <br />matters was the removal of the pumps, but a few Commissioners felt <br />that should not be done. <br />Commissioner Bird felt the testing and removing of the dirt <br />was as much as the County should be involved in. Because the <br />property was quite valuable, he believed the private sector would <br />succeed in resolving the situation. <br />Chairman Macht did not want to risk losing taxpayers' monies <br />through the expense and possible liability. He felt it was too <br />great a risk to take. <br />MOTION WAS MADE by Commissioner Adams, <br />SECONDED by Commissioner Eggert, to direct <br />staff to have the dirt piles tested for <br />hazardous materials and, if none were found, <br />to remove the dirt piles from the property for <br />proper disposition. If tests reveal there are <br />hazardous materials, then the matter is to <br />come back to the Board. <br />30 <br />July 18, 1995 <br />