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County Administrator's Report 11. 5.

BCC Regular Meeting

Technical/Public Service Consent

Meeting Date:	07/18/2017
Issue: Amended Conservation Easement for Perdido Landfill Section Five Expansion
From:	Pat Johnson
Department:	Waste Services
CAO Approval:

RECOMMENDATION:

Recommendation Concerning the Amended Conservation Easement for Perdido Landfill Section Five Expansion - Patrick T. Johnson, Waste Services Department Director

That the Board take the following action concerning the Amended Conservation Easement for the Perdido Landfill Section Five Expansion:

A. Approve the Amended Conservation Easement between Escambia County and the State of Florida Department of Environmental Protection (FDEP), for the Perdido Landfill Section Five Expansion, for the purpose of adding the U.S. Army Corps of Engineers (USACE) Permit information as a permanent reference and to ensure that USACE be party to any modification, alteration, release, or revocations of the conservation easement. This Amendment will allow the USACE to review and approve as necessary, any additional structures or activities that require approval and will ensure that future Escambia County officials have all the necessary information to make any decisions related to releasing the Conservation Easement;

B. Authorize the payment of incidental expenditures associated with the recording of the Amended Conservation Easement and any associated documents; and

C. Authorize the Chairman to execute the Amended Conservation Easement and any other documents associated with granting of the Amended Conservation Easement.

BACKGROUND:

The original Conservation Easement for the Perdido Landfill Section Five Expansion was approved by the Board of County Commissioners on April 22, 2010. In a recent correspondence with the Florida Department of Environmental Protection (FDEP), it was noted that the recorded easement does not include any information relating to the U. S. Army Corps of Engineers (USACE) permit. Therefore, it is requested that the Conservation Easement be amended to make a permanent reference to the USACE and ensure that USACE be party to any modification, alteration, release, or revocations of the conservation easement, and shall review and approve as necessary any additional structures or activities that require approval. This will also ensure that future Escambia County officials have all the necessary information to make any decisions related to releasing the Conservation Easement.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

Stephen G. West, Senior Assistant County Attorney, prepared the Amended Conservation Easement and has approved it as to form and legal sufficiency.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

This recommendation is consistent with the Board of County Commissioners' mission "To provide efficient, responsive services that enhance our quality of life, meet the common needs, and promote a safe and healthy community."

IMPLEMENTATION/COORDINATION:

Upon approval by the Board of County Commissioners, the Waste Services Department will execute the necessary recording of the Amended Conservation Easement and forward it to the Florida Department of Environmental Protection.

Attachments
Amended Conservation Easement
Conservation Easement_BCC 04_22_2010
BCC Mins 04_22_2010