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8,00K� �Y PAPE 145 CHAIRMAN TO EXECUTE ENVIRONMENTAL LAND ACQUISITION OPTIONS & PURCHASE AGREEMENTS WITH DEPOSITS NOT EXCEEDING $100 The Board reviewed a Memorandum of January 15, 1996: TO: James E. Chandler County -Administrator :DER BRAD C�WRRBNCE: K Kest , CP Community Devel D FROM: Roland M. DeBlois, CP Chief, Environmental Planning DATE: January 15, 1996 RE: Request that the Board Authorize the Chairman to Execute Environmental Land Acquisition Options and Purchase Agreements It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of January 23, 1996. DESCRIPTION AND CGADITIONS Procedures adopted by the Board of County Commissioners for acquisition of environmental land include confidentiality of appraisals. In accordance with Section 125.355 of the Florida Statutes, appraisals can be released for public information. once an option agreement is executed between a seller and the County or, if a purchase agreement is used (rather than an option), at least 30 days prior to Board approval. This statute also provides for a 30 day public notice and public hearing. For option agreements, this notice and hearing may occur at either the time the option agreement is considered by the Board, or later at the time of option exercise. For purchase agreements, the notice and hearing must be held at the time of Board consideration of the purchase agreement. Since acquisition agreements are often sagned by the landowner some days (or weeks) before Board consideration, and because the time period after the seller signs overlaps with the time period set: by the statute for public disclosure, staff seeks to establish a procedure to ensure that sellers are legally bound prior to public release of confidentialinfiormation. Given the intricacies of the confidentiality statute, staff suggestBrthiat the best way to accomplish this is for the Board to authorize the ChaAmai to execute options and purchase agreements (for a nominal fee or deposi% not exceeding $100). This authority would serve to bind a seller to the negotiated price and terms for a specific time period, during which time appraisals could be released for Land Acquisition Advisory Committee (LAAC) review and, subsebpently, for Board final acquisition approval. For the Board's consideratioia, attached is a proposed resolution authorizing the Chairman to execute options and purchase agreements. ANALYSIS Any option or purchase agreement executed under the requested authorization will contain language that makes it clear to the seller that final County approval of a land purchase is ultimately subject to Board approval (which would occur at an advertised public hearing). As previously explained, the utility of authorizing the Chairman to sign the agreements is to bind the seller to negotiated price and terms so that, in accordance with state'law, appraisals can be released for public review prior to the Board's final consideration of purchase approval. Staff recommends that the Board of County Commissioners approve the attached resolution authorizing the Board Chairman to execute purchase options and agreements relating to land acquisition, with cost of the option fee or deposit not exceeding $100, whereby final acquisition under the executed option or purchase agreement will ultimately be subject to Board approval. 28 January 23, 1996