7/20/1993 - Laserfiche WebLink

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Adoption of Guide as an Ordinance Although the Guide has been adopted by the Board of County Commissioners as a guideline for land acquisition procedures, it does not have the legal weight of an ordinance from the standpoint of establishing procedural requirements. Proposed Guide revisions and the issue of whether to adopt the revised Guide as an ordinance were discussed by LAAC at its last regular meeting on June 30, 1993. LAAC Review/Recommendations Overall, LAAC endorsed the staff's proposed revised Guide, with minor changes. Staff have since incorporated LAAC's recommended changes into the revised draft. An important change to the Guide, as discussed and endorsed by LAAO, is the addition of two new members to the Committee, one being a representative of the Mosquito Control District, and the other a "Member at Large". LAAC voted to reject the idea of adopting the Guide as an ordinance, with the reasoning that, if the Guide were an ordinance, the County would be opening itself to lawsuits if the Guide were not strictly followed. It was also voiced at the LAAC meeting that the Guide has served an adequate function in its present adopted state, and adoption as an ordinance is not warranted. ALTERNATIVES & ANALYSIS Proposed revisions to the Guide can generally be categorized as follows: non -substantive changes for clarification and typographic correction purposes; incorporation of Resolution 92-58 into the text of the Guide, with amendments including the addition of two new members; addition of a "conflict of interest" provision; and addition of provisions for the development of a "work plan" for due diligence investigations and purchase negotiations, consistent with state standards, regarding an annual list of properties under consideration for acquisition. Of the categories mentioned, the main revision under consideration relates to the proposed procedure for developing a work plan for LAAC review, regarding due diligence investigations and purchase negotiations consistent with state standards. These procedures as proposed are modeled after state acquisition program procedures. Adoption of the Guide as an ordinance would strengthen the general public's and the State's perception that Indian River County has a set, consistent procedure in reviewing and acquiring environmental properties. For reasons aforementioned, however, LAAC has voted not to endorse adoption of the Guide as an ordinance. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the proposed revisions to the Land Acquisition Guide. 11 �C 0 BOOK 9® pacE 16