Okaloosa County BOCC — January 8, 2013 — Agenda — reading text

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 8, 2013 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: REPI Phase 3 Agreement between OCWS and the Air Force DEPARTMENT: Water and Sewer BCC DISTRICT: One STATEMENT OF ISSUE: Staff requests the Board of County Commissioners approve and execute the "Agreement for a Deed of Easement". This is a $200,000 grant to go towards land acquisition of a Shoal River buffer, which benefits both the Air Force (Duke Field flight path) and Okaloosa County (watershed protection for future water supply). BACKGROUND: The attached agreement is indirectly related to future water supply planning for Okaloosa County. This agreement further formalizes the partnership between the County and Eglin AFB. Both entities have the same objective of being protective of the environment, specifically north of Duke Field and south of Interstate 10. Because of Duke Field’s flight path, Eglin would like to limit development in this area and create a natural buffer. Specifically, sound attenuation is an issue that would affect the public, and light pollution is an issue that would affect the mission of the military installation. This buffer area is the same vicinity that the Board and OCWS have been committed to future water supply. We are currently at the land acquisition stage in order to secure land to be used for a reservoir, water treatment plant, wetlands mitigation, and associated infrastructure such as pipelines, pump stations, an intake structure, and the needed utilities. The benefit to the County is that the land acquired with these REPI funds can be used for expanded watershed protection for future water supply, as well as additional acreage for wetlands mitigation. In August 2011, the BCC approved and executed the first Readiness and Environmental Protection Initiative (REPI) for $550,000. In January 2012, the BCC approved and executed another REPI Agreement for $200,000. The agreement for consideration is for further Air Force REPI money for $200,000 to be used for a land purchase for buffering and environmental conservation in the same Shoal River vicinity as mentioned above (see Exhibit B). Okaloosa County’s “match” is $200,000 cash plus half of the allowable transaction costs (AKA closing costs), which could be up to another $20,000 from Okaloosa County. Okaloosa County will then be reimbursed for the $200,000 from the recently obtained Defense Infrastructure Grant (DIG). All land purchased with this agreement will go into a Restrictive Use Easement, and then ultimately OCWS and NWFWMD intend to use the land for future wetland mitigation for the future water supply plan. This REPI Agreement shows the intent that Okaloosa County has to partner with the Air Force. In the event that negotiations do not pan out as hoped or that the Restrictive Use Easement would hinder our ability for future wetlands mitigation, the REPI agreement could be terminated. The Agreement is attached, along with the following exhibits: Exhibit A - Legal Descriptions Exhibit B - Map Exhibit C - Procedures As this agenda request is being written, County Contract Review is ongoing and may be completed before the January 8 BCC Meeting. OPTIONS: Approve or deny. RECOMMENDATIONS: Staff recommends BCC approval for the Chairman to execute the "Agreement for a Deed of Easement" with the Air Force, contingent upon successful approval of the County Contract Review process. Staff also requests that the BCC authorize the Chairman to execute subsequent funding related documents and any future modifications related to this Agreement. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator