Meeting Type: BCC Regular Meeting
Meeting Date: 12/5/2022
Item Status: New
From: Ronald J. Cink, Budget Director/Interim County Administrator
Submitted by: Anu Gary, Administrative Services Manager
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ITEM TITLE
Title
Resolution #2023-025 and Funding Agreement with ADCNR Forever Wild Land Trust
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STAFF RECOMMENDATION
Recommendation
Take the following actions:
1) Adopt Resolution #2023-025 authorizing the execution of an agreement with the Alabama Forever Wild Land Trust (FWLT); and
2) Approve a Memorandum of Understanding between the Alabama Forever Wild Land Trust and the Baldwin County Commission for the FWLT to make an annual payment of $1.60 per acre, beginning with FWLT’s Fiscal Year 2023, to each county where FWLT owns land, upon the execution of this Agreement and receipt of required documentation as specified in the MOU.
This Agreement shall become effective upon execution by both Parties and shall remain and continue in full force and effect until September 30, 2032, contingent upon the legal availability of funds, unless and until terminated in writing by either Party with advance written notice of 90 days to the other Party.
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BACKGROUND INFORMATION
Background: Staff received correspondence from ADCNR on November 1, 2022 (attached) requesting the County to approve a Memorandum of Understanding with the Alabama Forever Wild Land Trust for the FWLT to make an annual payment of $1.60 per acre, beginning with FWLT’s Fiscal Year 2023, to each county where FWLT owns land.
According to the ADCNR State Lands Division, FWLT owns 48,774. 7 acres in Baldwin County, which represents a payment of $78,039.52 for fiscal year 2023.
Previous Commission action/date: N/A
FINANCIAL IMPACT
Total cost of recommendation: Incoming revenue in the amount of $78,039.52 for Fiscal Year 2023.
Budget line item(s) to be used: TBD
If this is not a budgeted expenditure, does the recommendation create a need for funding? N/A
LEGAL IMPACT
Is legal review necessary for this staff recommendation and related documents?
Yes, County Attorney and ACCA review necessary.
Reviewed/approved by: Review and approved by Brad Hicks, County Attorney 11/03/2022 akg
Reviewed and approved by ACCA 11/04/2022 - The language in the proposed agreement ensures that the funding is not considered the payment of property tax or a payment in lieu of property taxes. This money does not represent a property tax payment, but is described in the resolution as a “reasonable fee” paid to the county commission to accomplish the goals of Forever Wild, “including, but not limited to, the support, promotion, protection and conservation of such lands within the county.” In the resolution, the payment is also referred to as “reasonable compensation to applicable counties.” At this time, ACCA sees no reason why the county commission should not accept these funds.
Additional comments: N/A
ADVERTISING REQUIREMENTS
Is advertising required for this recommendation? N/A
If the proof of publication affidavit is not attached, list the reason: N/A
FOLLOW UP IMPLEMENTATION
For time-sensitive follow up, select deadline date for follow up: TIME SENSITIVE - First invoice must be submitted to ADCNR by December 30, 2022 to receive the FY2023 payment.
Individual(s) responsible for follow up: Administration Department and Finance/Accounting Department
Action required (list contact persons/addresses if documents are to be mailed or emailed):
Administration: Have the correspondence, resolution and agreement executed and forward documents to Finance and Accounting.
Finance and Accounting:
1) Register as a vendor in the State of Alabama Accounting and Resource System (STAARS).
2) Generate and submit an invoice on official county letterhead, dated in the same fiscal year as the requested transfer of funds.
3) Include A W-9 Form.
4) For its first payment (Fiscal Year 2023), the County Commission must submit the documentation to ADCNR by December 30, 2022.
5) All documentation must be mailed or delivered by overnight courier to the attention of:
Patricia P. McCurdy, State Lands Director
Alabama Department of Conservation and Natural Resources
64 North Union Street, Room 464
Montgomery, Alabama 36130
Cc:
Ron Cink
Cian Harrison
Eva Cutsinger
Christie Bezoari
Additional instructions/notes: N/A