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

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 10 Commissioner Pelissier said was going to offer a friendly amendment that would not allow negotiation of no liability. She does not feel that an amount should be listed, but the negotiation should be whatever the manager considers to be reasonable, with the exception of zero liability. Commissioner Price said she would accept this friendly amendment. Commissioner Dorosin clarified that under this motion, the manager would have the authority to negotiate any amount of insurance, except zero dollars. He said this could include one penny or one dollar. Commissioner Pelissier said technically yes, but she does not believe the manager would negotiate that amount. Commissioner Gordon said she understands that there needs to be some liability insurance. She asked if the attorney or the manager have any suggested verbiage to convey the intent of the Board. Michael Talbert said the manager's recommendation is $300,000, but he will negotiate whatever the Board directs. He said this is donated land, but that also means donated liability, and there needs to be enough insurance to cover this. Commissioner Gordon said the answer from the manager is no, but the attorney said as long as there is some liability insurance, it is okay. John Roberts said a reasonable amount of liability insurance is ok, but he cannot say what that is. He said he feels that $300,000 is reasonable, but $200,000 may also be reasonable. He said if the authority is given, he and the manager could come up with a reasonable amount. Commissioner Gordon asked for clarification that, if this motion stays, the manager could negotiate reasonable liability coverage. John Roberts said yes. Commissioner Price asked if the County could potentially be sued, even if there is liability insurance from the owner. John Roberts said he does not see why the County would not be sued if something happens on the easement area; however he cannot say that the County would be held liable, as N.C. law has not addressed this issue. Commissioner Price said she could add "reasonable" to her motion. Chair Jacobs re -read it the motion to include this addition. Commissioner Dorosin said the Board is negotiating a contract and giving the manager the authority to negotiate the financial terms of that contract. He thinks the Board has to give direction on the parameters of this, and right now those parameters are anything over a $1. He said he is not comfortable with that. He suggested the Board could put forth this offer of $300,000 with the option for the landowners to make a counteroffer. He said the other option is to go into closed session and set a bottom line for the terms of negotiation. He said it is not good form to negotiate the terms of a contract publicly. Chair Jacobs noted that the goal is to accommodate the property owner before the end of the fiscal year. He said this does not allow enough time to do everything Commissioner Dorosin suggested. Chair Jacobs reviewed the motion again. VOTE: Ayes, 2 (Commissioner Pelissier and Commissioner Price); Nays, 5: (Commissioner Dorosin, Commissioner Gordon, Chair Jacobs, Commissioner McKee, Commissioner Rich,) A motion was made by Commissioner McKee, seconded by Chair Jacobs to authorize the Manager to negotiate with the landowners, with a $200,000 lower limit, and then adopt and