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F, Booz 98 pni:548 Kathleen Inman then questioned each commissioner as to whether or not they had received ex parte communications relative to a proposed purchase of undeveloped lots. Deputy County Attorney Will Collins commented that he had seen correspondence where Ms. Inman had asserted that an expenditure of monies by the County Commission is a quasi-judicial proceeding. He went on to state that it is the position of the County Attorney's Office that an expenditure from the bond money fund is entirely legislative. He advised the Commissioners that they did not have to answer any questions as the purpose of this hearing is to receive input, not to be examined. If there are any complaints, they can be filed with the court. Kathleen Inman felt it is important that taxpayers know what communications the Commissioners have had so that everyone knows upon what they have based their decision, and again asked whether the Commissioners were willing to answer the question. Chairman Adams responded that the Board would receive Ms. Inman's comments. Kathleen Inman continued that the next issue is whether or not the Board has the authority to make this decision. She stated that legally the Board had no authority because the property had not been recommended by the Land Acquisition Advisory Committee. Ms. Inman continued with quotes from the land acquisition guide and, in conclusion, asked the Commissioners to either decline to vote or to vote against the project. Fred Mensing stated that his position is that if the Board is hoping that Fish & Wildlife will use this parcel as mitigation, then they should do it. However, if the Board is unsure about the status of the mitigation credit, they should ask that the funds be used for a legal defense fund to determine whether or not the administrative law is legal. Doyle Vernon of 2324 1st Place SW believed elected federal representatives have to cover a broad scope. He reminded the Board that the right-of-way at 5th Street SW had once been thought to be a habitat of the scrub jay and was later determined not to be. C. N. Kirrie of the Roseland area wanted to know what plans are in place to work with these properties after the scrub jays leave. Mr. Kirrie stated that he had lived in that area for 30 years and had watched creatures that slither, fly, walk and crawl and they change habitat from year to year. Commissioner Macht explained that "scrub" is the operative word instead of "scrub jays". This particular property qualifies 100% under the appropriate guidelines. He felt strongly that the JULY 169 1996 18