Minutes 01-23-2014 - Laserfiche WebLink

Browse Search

Chair Jacobs asked if there is a window of opportunity to still have negotiations with Mr. Efland. Craig Benedict said the easement being required is for utility purposes only, and it is not for greenway purposes. He said this can be specified, and he believes the County has agreed to have a gate. He said he will work with the attorney's office to put this in writing. He said if the County was ever to request a greenway, it would be a new process and the Board would have to approve this. He said this is not currently in anyone's mind. Commissioner Dorosin said it sounds like an agreement can be reached, with protections. He asked if the Board can wait on this item until Mike Efland receives his assurances in writing. Craig Benedict said there is timing to this process, and the first letter has gone out. He said there was no response, and this leads to a second letter implicating condemnation if the parties cannot come to terms. He said the state is holding funding for Orange County, and he does not want to forego the chance of this loan with the state. Commissioner Dorosin asked if this could wait until the February 4th meeting. Kevin Lindley said the acceptance of the loan resolution has more to do with when the reimbursements can start; however, not having the easements in hand could hold up the construction. He said this was bid back in November, and there is a certain timeframe during which companies honor the bid price. Commissioner Dorosin said he is not convinced yet. He said it would take longer to do a condemnation than to take the time to work it out the land owner. He said this could be done in the next week. John Roberts said it is not necessary to delay the project. He said Mike Efland's concerns can be addressed in the language of the terms of the easement agreement. Commissioner McKee asked if the use language can be written in the easement. John Roberts said it can be made clear in the agreement that the easement is solely for a utility, water, or sewer line, and it can be limited to that purpose. Commissioner Price asked if the Board can vote on this item, conditional to Mike. Efland's requests being met. John Roberts said a conditional approval is not an approval, and he advises against it. Commissioner Pelissier asked if there was a plan for a greenway. Chair Jacobs said this idea was considered about 15 years ago, but it was dropped and it is not part of any current plan. Commissioner Rich asked if there was anything in the Board's policy to help Mike Efland plant back some of his trees. Craig Benedict said there is some leeway for small trees, but there are no big trees allowed. He said a 10 to 15 foot path is necessary for access, and smaller trees and ornamental shrubs would be fine. He said there was effort to find a balance of the closeness to the house and the closeness to the stream. He said the engineer was asked to re-design the alignment to be as accommodating to Mike Efland as possible. Commissioner Gordon said it sounds like there is a solution, and it is time sensitive. She asked if John Roberts could suggest some language to accommodate the recommendation and Mike Efland's concerns. She said this would include: 1. Approve the recommendation; 2. Authorize the Manager to sign. John Roberts said they could possibly add language to the effect to authorize staff to include in the easement document that there will not be any type of greenway or green space on this easement area and some language about a gate being constructed.