Baldwin County, Alabama
File #: 23-1055    Version:
Agenda section: Other Staff Recommendations Status: Agenda Ready
File created: 4/19/2023 Meeting type: Baldwin County Commission Regular
On agenda: 5/2/2023 Final action:
Agenda item title: *Termination of Baldwin County's Program Membership in the Pensacola and Perdido Bay Estuary Program
Attachments: 1. Letter of Termination of PPBEP Membership, 2. 2019 Pensacola and Perdido Bays Estuary Program Interlocal Agreement 20190219

Meeting Type:    BCC Regular Meeting

Meeting Date:  5/2/2023

Item Status:   Replacement

From: Matthew Brown, Planning and Zoning Director

Submitted by:  Ashley Campbell, Natural Resource Planner

______________________________________________________________________

 

ITEM TITLE

Title

*Termination of Baldwin County’s Program Membership in the Pensacola and Perdido Bay Estuary Program                       

End

 

STAFF RECOMMENDATION

Recommendation

Take the following actions:

1)  Terminate the Interlocal Agreement between the Baldwin County Commission and Pensacola and Perdido Bay Estuary Program (PPBEP) for the Estuary Program establishment and development and implementation of a Comprehensive Conservation & Management Plan, approved during the February 19, 2019, Baldwin County Commission Regular meeting (Agenda Item BA1); and

2)  Notify PPBEP with the required sixty (60) days written notification of termination as stated in the Agreement; and

3)  Waive the sixty (60) days written notice requirement from Section 4.2 of the Interlocal Agreement to the extent allowed by law and accepted by the Parties to the Agreement.

Termination to be effective July 1, 2023, or an earlier date to the extent the sixty (60) days written notice requirement of Section 4.2 is waived by the Parties.  End

 

BACKGROUND INFORMATION

 

Previous Commission action/date:  02/19/2019 - The BCC approved the Pensacola and Perdido Bays Estuary Program Interlocal Agreement.

 

Background:  Reason for Replacement Item:  Staff recommendation revised to include language for the County to waive the sixty (60) day written notice of termination requirement from Section 4.2 of the Interlocal Agreement which would result in an earlier termination date. The earlier termination will allow the PPBEP to move forward with its organizational transition from Escambia County, Florida, to an independent not-for-profit organization without delay.

On August 31, 2017, the U.S. Environmental Protection Agency (EPA) Gulf of Mexico Division and Gulf Coast Ecosystem Restoration Council announced the award of a $2 million RESTORE Act Component 2 grant to establish the Pensacola and Perdido Bays Estuary Program (PPBEP).

The Estuary Program was formed through an Interlocal Agreement on February 19, 2019, by Baldwin County, City of Gulf Breeze, City of Milton, City of Pensacola, City of Orange Beach, Escambia County, Okaloosa County, Santa Rosa County, and the Town of Century.

FINANCIAL IMPACT

 

Total cost of recommendation:  N/A

 

Budget line item(s) to be used:  N/A

 

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

 

Reviewed/approved by:  N/A

 

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:  N/A

 

Individual(s) responsible for follow up:  N/A

 

Action required (list contact persons/addresses if documents are to be mailed or emailed):  Mail letter to:

Mr. Matt J. Posner, PPBEP Executive Director

226 South Palafox Place

Pensacola, Florida 32502

 

cc the following:

Commissioner Jeff Bergosh, Escambia County, Florida

Commissioner Colten Wright, Santa Rosa County, Florida

Commissioner Trey Goodwin, Okaloosa County, Florida

Mayor Cherry Fitch, City of Gulf Breeze, Florida

Mayor Heather Lindsay, City of Milton, Florida

Mayor D.C. Reeves, Pensacola, Florida

Mayor Benjamin Boutwell, Town of Century, Florida

Mayor Tony Kennon, City of Orange Beach, Alabama 

 

Additional instructions/notes:  Send copy of letter to Ashley Campbell