Agenda - 02-18-2014 - 6a - Laserfiche WebLink

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I 1 Rich Shaw said this has been included in about 80 percent of Orange County's 2 easements. He said this has been a standard provision for the past 6 to 8 years. 3 Commissioner McKee asked who handles the reporting requirement. 4 Rich Shaw said the insurance company handles this requirement. 5 Commissioner McKee asked John Roberts if negotiating this, after requiring this 6 insurance for the past 6 years, would set a precedent for negotiations for every one going 7 forward. 8 John Roberts said no. 9 Commissioner Gordon said she had thought this provision would be reasonable 10 because not including it it would set a precedent for something different. She said this seemed 11 wise, given that there is no firm idea on where the land owner stands. She does not feel that 12 this is a black and white issue, but this has been the precedent for the past 5 or 6 years. She 13 said it is hard to make the decision without knowing if the owners want to do this for any amount 14 of money. 15 Chair Jacobs said the Board should keep in mind that these landowners are donating 16 this easement to Orange County and should be treated accordingly. He said, when the County 17 sells the notion of donating easements, the owners are told it is possible to negotiate any of the 18 terms. He would like to know what items are non - negotiable moving forward. . 19 Chair Jacobs asked John Roberts if it is possible for this item to come back for 20 negotiation if staff presents this and the owners don't want to meet the rate. 21 John Roberts said if it goes forward as is, there would be no negotiation. He said the 22 manager can be given the authority to negotiate, but the current motion does not include this. 23 Commissioner Gordon confirmed that, if the Board approves this as is, it cannot be 24 negotiated later. 25 Commissioner Pelissier said since person is donating the easement the Board should 26 negotiate. She said this would not be the case if this was not a donation. 27 Commissioner McKee suggested a friendly amendment to Commissioner Gordon's 28 motion, to authorize manager to negotiate with the landowners 29 Commissioner Gordon said she would not accept friendly amendment. She feels this 30 should be a separate motion. 31 32 VOTE: Ayes, 3 (Commissioner Rich, Commissioner Gordon, Commissioner Dorosin); 33 Nays, 4 (Chair Jacobs, Commissioner McKee, Commissioner Pelissier, Commissioner Price) 34 35 Motion fails. 36 37 A motion was made by Commissioner Price, seconded by Commissioner Pelissier for 38 the Board to authorize the manager to negotiate with the landowners and then adopt and 39 authorize the Chair to sign the resolution approving the acceptance by Orange County of the 40 conservation easement and authorize the Chair and the Clerk to sign the conservation 41 easement agreement, subject to final review by staff and County Attorney, with a closing and 42 recordation of the document expected to occur on or about December 31, 2013. 43 44 Commissioner Gordon asked if this is the whole motion, including the negotiation. 45 Commissioner Price said yes. 46 Commissioner Dorosin asked if there are any constraints on the manager's authority in 47 Commissioner Price's motion. 48 Commissioner Price said there are no limitations in this motion. She concurs with 49 Commissioner Pelissier, since this is a donation of land.