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Commissioner Price asked for clarifications on what the land owners would agree to <br /> pay. <br /> Rich Shaw said he has spoken with the owners, but there has not been an opportunity <br /> to negotiate a price. He said the owners have objected to this particular provision, as they <br /> believe the specified amount is too high. The owners also feel it is a burden to have the <br /> County as a third party. <br /> Commissioner Price asked if this has been an issue with other easements. <br /> Rich Shaw said this has been included in about 80 percent of Orange County's <br /> easements. He said this has been a standard provision for the past 6 to 8 years. <br /> Commissioner McKee asked who handles the reporting requirement. <br /> Rich Shaw said the insurance company handles this requirement. <br /> Commissioner McKee asked John Roberts if negotiating this, after requiring this <br /> insurance for the past 6 years, would set a precedent for negotiations for every one going <br /> forward. <br /> John Roberts said no. <br /> Commissioner Gordon said she had thought this provision would be reasonable <br /> because not including it it would set a precedent for something different. She said this <br /> seemed wise, given that there is no firm idea on where the land owner stands. She does not <br /> feel that this is a black and white issue, but this has been the precedent for the past 5 or 6 <br /> years. She said it is hard to make the decision without knowing if the owners want to do this <br /> for any amount of money. <br /> Chair Jacobs said the Board should keep in mind that these landowners are donating <br /> this easement to Orange County and should be treated accordingly. He said, when the <br /> County sells the notion of donating easements, the owners are told it is possible to negotiate <br /> any of the terms. He would like to know what items are non-negotiable moving forward. . <br /> Chair Jacobs asked John Roberts if it is possible for this item to come back for <br /> negotiation if staff presents this and the owners don't want to meet the rate. <br /> John Roberts said if it goes forward as is, there would be no negotiation. He said the <br /> manager can be given the authority to negotiate, but the current motion does not include this. <br /> Commissioner Gordon confirmed that, if the Board approves this as is, it cannot be <br /> negotiated later. <br /> Commissioner Pelissier said since person is donating the easement the Board should <br /> negotiate. She said this would not be the case if this was not a donation. <br /> Commissioner McKee suggested a friendly amendment to Commissioner Gordon's <br /> motion, to authorize manager to negotiate with the landowners <br /> Commissioner Gordon said she would not accept friendly amendment. She feels this <br /> should be a separate motion. <br /> VOTE: Ayes, 3 (Commissioner Rich, Commissioner Gordon, Commissioner Dorosin); <br /> Nays, 4 (Chair Jacobs, Commissioner McKee, Commissioner Pelissier, Commissioner Price) <br /> Motion fails. <br /> A motion was made by Commissioner Price, seconded by Commissioner Pelissier for <br /> the Board to authorize the manager to negotiate with the landowners and then adopt and <br /> authorize the Chair to sign the resolution approving the acceptance by Orange County of the <br /> conservation easement and authorize the Chair and the Clerk to sign the conservation <br /> easement agreement, subject to final review by staff and County Attorney, with a closing and <br /> recordation of the document expected to occur on or about December 31, 2013. <br />