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