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He surmised that with the passage of time, the law would recognize some defenses based on latches/estoppel . The Commissioners discussed the drainage issue and how it could be resolved ; who owns responsibility for the error that happened more than twenty years ago ; the County ' s responsibility, and the issue being worked out among the neighbors . Attorney Polackwich explained the law and how it applies to this situation . The Chairman called a break at 11 : 59 a. m. , and reconvened the meeting at 12 : 04p. m. , with all members present. Vice Chairman O ' Bryan and Public Works Director Chris Mora recalled the results from the January 24 , 2012 Board of County Commission meeting pertaining to the code enforcement action, the plat language , and having contacted Bill Morgan (a representative of Sylvan Lakes) for status . Jerry Fair, 3933 58h Circle, voiced his frustrations with the ongoing situation, and explained how he had built a 23400t berm around his property to contain the water, but was unsure if it would be an acceptable solution. He also stated that he was the third owner of the house and did not feel it was right to be told that he is liable for something that happened before he purchased the property . He hoped that if Mr . Spruce would also build a 2346ot berm on his property, that the swale would create a viable solution . He provided pictures (on file) of his standing water after he built the berm . Discussion ensued among the Commissioners and staff regarding possible solutions and options to the drainage issue . Director Mora believed the existing situation to be a run off issue . He noted that if the drainage ditch along the property line were to be excavated and cleared (going north) , the February 14 , 2012 18 8K 142 PG 069 I