Action 9.
Regular Board of Supervisors Meeting
Board of Supervisors
- Meeting Date:
- 05/12/2015
- Title:
- Approve Cooperative Agreement with Mission and Installation Contracting Command - Fort Houston (on behalf of U.S. Army Environmental Command (USAEC))
- Submitted By:
- Britt Hanson, County Attorney
- Department:
- Board of Supervisors
Presentation:
No A/V Presentation
Recommendation:
Approve
Document Signatures:
BOS Signature Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
2
NAME
of PRESENTER:
of PRESENTER:
Mike Ortega and Britt Hanson
TITLE
of PRESENTER:
of PRESENTER:
County Administrator Emeritus and Chief Civil Deputy
Docket Number (If applicable):
Mandated Function?:
Not Mandated
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Information
Agenda Item Text:
Approve a Cooperative Agreement with Mission and Installation Contracting Command - Fort Sam Houston (on behalf of U.S. Army Environmental Command (USAEC)) in the Estimated Amount of $10,000,000 effective May 12, 2015 through May 12, 2020.
Background:
The Board previously approved the purchase of the Mansker property to assess and install a ground water recharge project. The Mansker property was purchased by the County using funding from the U.S. Army (ACUB program), The Nature Conservancy (“TNC”) and the County.
Subsequently, the County also purchased the Three Canyons/Palominas property to assist the Army in retiring ag wells, obtaining water conservation credits, and buffering the Fort from development that might impeded its mission, and with the possibility of assessing for suitability of recharge. That purchase was made using money from Ft. Huachuca, but not using ACUB money.
For both Mansker and Three Canyons/Palominas, the County is entitled to sell all or parts of the properties to private parties in order to put them back on the tax roll and to fund recharge projects. Both parcels are subject to conservation easements.
In 2013, using ACUB money, TNC purchased a 1,811 parcel known as Riverstone and a 2,894 parcel known as Bella Vista. TNC did so with the understanding that it would deed these two parcels to the County, subject to conservation easements.
However, the Army indicated that it would prefer that the County acquire these parcels only after obtaining cooperating status with the Army, pursuant to a Cooperative Agreement, like TNC. The County immediately applied to the Army for cooperating status. However, the Army took a long time responding, apparently due to questions concerning the County’s ability to sell all or parts of the properties to private parties. In April, 2015, the Army finally submitted a draft 27 page Cooperative Agreement to the County. That draft is attached to that agenda item.
The portion of the Agreement addressing the County’s ability to sell all or part of the properties to private parties is on page 23, ¶1.7.6. Unlike Mansker and Three Canyons/Palominas, any sale would be subject to Army approval. Also in contrast to Mansker and Three Canyons, the Agreement calls for numerous federal reporting and other requirements. The draft Agreement has been reviewed by the County Administrator, the County Attorney, Grants Director Lisa Marra and consultant Kim Mulhern. Their comments are contained in a second draft that is also attached to this agenda item.
Subsequently, the County also purchased the Three Canyons/Palominas property to assist the Army in retiring ag wells, obtaining water conservation credits, and buffering the Fort from development that might impeded its mission, and with the possibility of assessing for suitability of recharge. That purchase was made using money from Ft. Huachuca, but not using ACUB money.
For both Mansker and Three Canyons/Palominas, the County is entitled to sell all or parts of the properties to private parties in order to put them back on the tax roll and to fund recharge projects. Both parcels are subject to conservation easements.
In 2013, using ACUB money, TNC purchased a 1,811 parcel known as Riverstone and a 2,894 parcel known as Bella Vista. TNC did so with the understanding that it would deed these two parcels to the County, subject to conservation easements.
However, the Army indicated that it would prefer that the County acquire these parcels only after obtaining cooperating status with the Army, pursuant to a Cooperative Agreement, like TNC. The County immediately applied to the Army for cooperating status. However, the Army took a long time responding, apparently due to questions concerning the County’s ability to sell all or parts of the properties to private parties. In April, 2015, the Army finally submitted a draft 27 page Cooperative Agreement to the County. That draft is attached to that agenda item.
The portion of the Agreement addressing the County’s ability to sell all or part of the properties to private parties is on page 23, ¶1.7.6. Unlike Mansker and Three Canyons/Palominas, any sale would be subject to Army approval. Also in contrast to Mansker and Three Canyons, the Agreement calls for numerous federal reporting and other requirements. The draft Agreement has been reviewed by the County Administrator, the County Attorney, Grants Director Lisa Marra and consultant Kim Mulhern. Their comments are contained in a second draft that is also attached to this agenda item.
Department's Next Steps (if approved):
After the Cooperative Agreement is signed, the County Attorney will draft purchase documents and conservation easements for Riverstone and Bella Vista, then submit them to the Board for approval.
Impact of NOT Approving/Alternatives:
The County may not be able to acquire Riverstone and Bella Vista.
To BOS Staff: Document Disposition/Follow-Up:
If approved, the Chair will sign the Cooperative Agreement and send the signed Agreement to attorney Dan Haws at Fort Huachuca, through the County Attorney.