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HomeMy WebLinkAboutDocumentation_Regular_Tab 12_4/13/2023Agenda Item #12. Regular Council STAFF MEMO -D Meeting: Regular Council -Apr 13 2023 Staff Contact: Jeremy Allen, Village Manager Department: Manager Consider Approval of Parkland Purchase Policy During the January 12, 2023 Regular Council meeting the Council directed staff to draft a policy for Council to utilize when considering the purchase of property for parkland. During the January 30, 2023 Council Workshop council directed staff to make some minor changes and bring the policy back to the Council for approval. For consideration you will find the update Parkland Purchase Policy. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768- 0443. PROJECT NAME: NA Proposed: NA PROJECTED TOTAL: NA BUDGET: NA Final Parkland Purchase Policy April ENCUMBERED: NA Projected Remaining: NA Page 192 of 556 'J J'I � t�i. yi �}` �. ltk,. 1'� ` � ..tT ! �f •N`•`�%. �•: z� t- ;l r r�•' 1� 1 7' �rl,/ ,` .. lo �,-'_ . � � �' `'f'�i.—« iy���ir �, � ��,, ' , c., ,� / � � � � `• 6 � ��. � it • i � . - SAY' -, - • 'a. `iM, ?•, v •.i '.�g' I + :''ir� ,�L� •. liZ. iP6 PM OPT', :lam •�1 • •.. 1 --'� �+^v. �."±y'y�!•. '.tr. .w t/ '4 „f.f '•• 11 - f 1,,/ 14 Aw— •I� y � Agenda Item A Land Acquisition Framework and Criteria All considerations for land acquisition are made within the context of the Village's Parkland and Purchase Priority Policy, Parks Master Plan and the Village's Comprehensive Plan. The emphasis of these policies is working with a willing seller in acquiring lands. The development of a sustainable recreation and open space system that adequately provides for the current and projected recreational needs of the Village and enhances its built and natural environment by providing active and passive recreation opportunities. ACQUISITION FRAMEWORK Figure 4-1 presents a generalized decision model for considering the acquisition of candidate properties. It involves five steps. At any given step an individual property may be excluded from consideration. ➢ Step 1 - Acquisition Opportunity: The process begins with virtually anyone proposing a parcel for acquisition, including an individual property owner. The general location, assessor and land use information about the property, and the owner status as a willing seller is documented. These considerations are further described in Section 1.1. ➢ Step 2 - System Context: The potential acquisition is characterized relative to the acquisition goals of the Village and partnership opportunities. These are further described in Section 1.2. ➢ Step 3 - Sustainability: A sustainability analysis is conducted to determine if the existing Village Parks system can sustain the proposed acquisition. This analysis is further described in Section 1.3. ➢ Step 4 - Property Characteristics: Detailed information about the parcel is characterized to determine if there are specific resources, access conditions, use opportunities, liabilities, or other use constraints that would affect considerations about acquiring the property. This characterization is further described in Section 1.4. As more detailed information is obtained about a property, circumstances may come to light that warrant further deliberation as to the viability of that acquisition vis-a-vis the System Context and ➢ Step 5 - Acquisition Priority: The potential acquisition is evaluated and considered relative to other potential acquisitions active at the time using specific priority criteria. This analysis is further described in Sustainability considerations. Encompassing all steps is the consideration of balancing the land acquisition costs with the future value of the land in meeting the recreation needs of the Village. The Park Funds set aside for acquisition can be considerable, yet they are limited. 1.1 Owner Considerations If a property owner contacts the Village this indicates that there is a willing seller. An asking price is requested. If the Village contacts the owner, and there is not interest on the part of the owner to sell either property or an easement, the inquiry is terminated. Page 1 Page 194 of 556 Agenda Item A 1.2 System Context To allow the Village to determine in a timely fashion if the particular property would benefit the Village's overall Park System and consistent with the Village's General Plan, an early determination is made about partnership opportunities and countywide significance. Following the guidance presented in the Strategic Plan and Comprehensive Plan, land acquisitions that collect over time provide a continuum of outdoor recreation opportunities for the Village's various demographics are important. Expanding and balancing today's spectrum of recreation opportunities is benefited by partnerships that avoids the duplication of services and helps maintain low cost. 1.3 Sustainability When acquiring lands it is fair and reasonable to consider the general costs for staff, materials, equipment and security that will have to be provided in the Department's annual operations budget to operate and maintain the property at a selected standard, both in the undeveloped and developed states. Lacking an operational partnership of some sort, if the effect of operating the individual parcel may be burdensome relative to the ability of the Department to maintain existing level -of -service standards for the whole park system, the acquisition must be questioned. 1.4 Specific Property Characteristics An analysis of the unique park purposes possible for a potential acquisition is made by assessing the cultural, ecological and recreation attributes of each parcel. Ownership and Property Characteristics Criteria Definition Value • Asking value and identification of circumstances (all cash, life estate, reinvestment advantage, charitable remainder trust, deferred gift annuity, deferred capital gains tax, partial gift through bargain sale, partial sale, conservation easement, public access easement, assure future sale) • For comparative purposes, the value of recent transactions of a similar type where such information is readily available Property Description 0 Assessor Parcel Number • Location (relation to existing parks) • Ownership information • Acreage • Type of Park (Community, Neighborhood Park) • Zoning designation • General description of property's natural features Page 2 Page 195 of 556 Agenda Item A Acquisition Criteria Approved Plans for New . The property is included in a planning document, site or Parks capital improvement plan, General Plans, or other agency regional open space plans. Expansion of Existing . The property would expand an existing park such as a Village Park Boundaries contiguous property, or extend a logical boundary of an existing ark. Trail Route • The property involves connectivity to a walking/riding path, park, or school. Historic Value . Property associated with architecture, events, or persons that have made a significant contribution to the broad archaeologic or historic patterns of North America, Florida, Region, or Village of Tequesta Regional Demand / Appeal • The property would either expand an existing Village park or would create a new park that lends itself to activities and/or facilities that would: o appeal to a broad cross-section of the population and would draw users from within and outside the Village. o accommodate long-term outdoor recreation needs (i.e., more than 20 years) as identified through population projections, use surveys, and other recreation needs analyses. o represent a `one -of -a -kind', or nearly so, opportunity not available from other recreation suppliers. o Strategically purchase parkland in an area or neighborhood to enhance or change the character of the area through converting developed property into parkland or preserving an open space. Accessibility Property would be accessed directly from the main transportation routes within the Village or trails and walking paths already established. o Access routes to the property would not be significantly limited in their capacity. Resource Conservation The property has a direct relationship to attaining the resource conservation priorities of the State, County, or Village. Including the protection of scenic resources and areas with rich biological habitat that provide opportunities for appropriate resource -based recreation experiences of regional significance. Site characteristics to be considered include: - Listed species protection - Landscape connectivity - Natural communities representation - Watershed protection WMQFOJ� Page 196 of 556 Agenda Item A Partnership Criteria Lease or Acquisition Partner Opportunity to leverage acquisition costs by partnering with other park or open space providers, cities, or local public agencies for properties that have a direct impact to the Village. Lease / Easement Partner Opportunity to greatly reduce acquisition costs through lease and/or easement acquisition. Operations Partner Opportunity to fund property acquisition that would expand park systems and/or recreational facilities where other agencies will take on operations responsibilities in perpetuity. Sustainability Criteria Development Costs • Generalized costs (assumed) for planning, design, and building improvements to open the park or trail for public use to its optimum intended use. • Effect on deferring needed infrastructure / life -cycle capital expenditures in other parks and or new CIP projects indicated in adopted Village Master Plan. Operation Costs . Generalized costs (assumed) for staff, materials, equipment, and security that will have to be provided in the annual operations budget to open and maintain the property at a selected standard, both in the undeveloped and developed states. • Impact of operating the individual parcel will have on the ability of the Department to maintain acceptable level -of - service standard for the whole parks stem. Revenue Potential . An initial estimate of revenue generation potential from the hypothetical optimum development and operation of the proposed property compares positively to the overall costs to acquire, develop, operate, and maintain. Property Characteristics Interpretive Potential . Properties with natural or cultural resources that lend themselves to interpretation. • Properties that embody a "representative landscape" exemplifying the natural diversity within the Village. Page 4 Page 197 of 556 Agenda Item #1 Acquisition Procedures LEGAL REQUIREMENTS Village parkland acquisition operates under a legal framework, drawing from multiple federal, state, and local sources. Generally, the Village Council is vested with the authority to acquire land or any interest in land whether within or outside of the Village's territorial borders. This authority is found in the Village Charter Sec. 5.01 (11). STEPS A parcel evaluation is triggered by either the determination by the Department that the property is needed or by the owner's contact to see if the Department is interested in buying the property. If the evaluation results in the decision to purchase, the acquisition procedure is begun. The specific actions taken to acquire follow the legal requirements specified above and generally accepted professional standards for public real estate practices. The time periods shown are approximate and may be affected by the circumstances in an individual transaction. The Village representative contacts the owner to determine willingness to consider sale Sty to the Village. (Owners also contact the Department and start the evaluation process.) 1 to 3 The steps to be followed and the probable schedule are explained. Information about weeks the owner's expectations is gathered. Step #2 The Village Council is asked to approve proceeding with an appraisal(s) of the property. 1 to 3 weeks Step #3 The property is appraised by an independent contract appraiser(s). If necessary, an 6-10 engineering study is ordered to analyze slope density and evaluate other development weeks potential to determine the highest and best use under current conditions. Step #4 The Village Council is asked to approve the offer of compensation based on the 1 to 3 appraisal. weeks Step #5 The Village representative is provided with the appraisal and presents the offer to the owner. 1 week Negotiations continue until agreement is reached. A definite response from the owner Step #6 can shorten this period. Impasse can result from the owner's unwillingness to sell at this 4 to 8 time, dissatisfaction with the price offered, and/or disagreement with the basis of weeks appraised value (typically the development potential under Village planning ordinances and regulations). During negotiations, the willingness of the Village to structure an agreement that meets the needs of the owner is emphasized. (Owner Options). Page 5 Page 198 of 556 Agenda Item #1 Step #7 The purchase agreement is forwarded to the Village Council for approval. When 8 weeks approved, escrow proceeds until clear title is vested. Taxes are prorated and canceled as of the date of close of escrow. Florida statutes provide a procedure when a municipality is purchasing land, which keeps the negotiations and contract price exempt from public records disclosure pending an option contract or pending 30 days prior to Village Council action: 166.045 Proposed purchase of real property by municipality; confidentiality of records; procedure.— (1)(a) In any case in which a municipality, pursuant to the provisions of this section, seeks to acquire by purchase any real property for a municipal purpose, every appraisal, offer, or counteroffer must be in writing. Such appraisals, offers, and counteroffers are not available for public disclosure or inspection and are exempt from the provisions of s. 119.07(1) until an option contract is executed or, if no option contract is executed, until 30 days before a contract or agreement for purchase is considered for approval by the governing body of the municipality. If a contract or agreement for purchase is not submitted to the governing body for approval, the exemption from s. 119.07(1) will expire 30 days after the termination of negotiations. The municipality shall maintain complete and accurate records of every such appraisal, offer, and counteroffer. For the purposes of this section, the term "option contract" means a proposed agreement by the municipality to purchase a piece of property, subject to the approval of the local governing body at a public meeting after 30 days' public notice. The municipality will not be under any obligation to exercise the option unless the option contract is approved by the governing body at the public hearing specified in this section. (b) If the exemptions provided in this section are utilized, the governing body shall obtain at least one appraisal by an appraiser approved pursuant to s. 253.025 for each purchase in an amount of not more than $500,000. For each purchase in an amount in excess of $500,000, the governing body shall obtain at least two appraisals by appraisers approved pursuant to s. 253.025. If the agreed purchase price exceeds the average appraised price of the two appraisals, the governing body is required to approve the purchase by an extraordinary vote. The governing body may, by ordinary vote, exempt a purchase in an amount of $100,000 or less from the requirement for an appraisal. (c) Notwithstanding the provisions of this section, any municipality that does not choose with respect to any specific purchase to utilize the exemption from s. 119.07(1) provided in this section may follow any procedure not in conflict with the provisions of chapter 119 for the purchase of real property which is authorized in its charter or established by ordinance. (2) Nothing in this section shall be interpreted as providing an exemption from, or an exception to, s. 286.011. Page 6 Page 199 of 556 Agenda Item A Seller Options The Village of Tequesta offers land owners the opportunity to contribute to the community while realizing the financial benefits of their holdings. Sellers have many options when selling or donating land to Village of Tequesta for park purposes. Listed below are options available for sellers to consider. The suitable choice will depend on individual preferences and needs. Sellers will want to consult their tax advisor, accountant or estate planner for advice on which option fits their individual situation. The Village can work with potential sellers and/or donors to find a mechanism for property transfer that will serve the public interest while accommodating the needs of the property owner. The following options are not intended to be all-inclusive. These are some options that may be available for potential sellers or donors of property. All Cash The Village can pay the full purchase price in cash. Few buyers can finance a completely cash sale with no limiting conditions. Life Estates In certain cases, the Village is willing to purchase property subject to a seller's reservation of a life estate. A life estate provides the seller the right to keep certain rights and interests in the property for the life of the seller or another person. For example, it may allow an elderly family member to remain in the family home. The seller still realizes financial benefits from the property. An owner may also keep a life estate in a property and make a gift of land to the Village that qualifies for a charitable deduction. Tax Deductible Gifts to the Village are eligible for tax deductions in the same way as Gifts gifts to other charitable organizations. Charitable A charitable remainder trust is a trust generally exempt from income Remainder Trusts tax. Deferred Gift This arrangement allows the seller to take a charitable deduction now Annuity and defer income until a future date. Deferred Capital The Village can structure a purchase with a long-term payment plan Gains Tax that is based on the wishes of the seller. Partial Gifts The seller can take the tax advantage of selling the land to the through Bargain Village below market value and claiming the rest as a gift. The Sales seller's own appraisal establishes the market value to validate the claim. Partial Sales The Village can purchase a portion of a parcel, leaving a portion of the property, such as a rural home site, without the responsibilities of the- larne-r nortion The seller can also nroNtode for sale of the Page 7 Page 200 of 556 Agenda Item A remainder to the Village at a future date. Conservation A conservation easement is a mechanism that is used to encumber a Easements property by defining allowable uses. Charitable gifts of such rights may also qualify for charitable deductions. Public Access Areas needed for public access can be defined in carefully planned Easement easements. The Village will work with the owner to assure privacy, fencing and patrol of the easement area. Assured Future Sale of land to Village can be assured through an agreement for a Sale right of first refusal or granting an option for future purchase. This agreement may specify the terms of a future sale or call for the Village to match a legitimate offer by a third party. Page 8 Page 201 of 556