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County Administrator's Report 10. 3.
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| BCC Regular Meeting |
Discussion |
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| RECOMMENDATION: |
Recommendation Concerning Authorization to Exercise the County’s Eminent Domain Power to Acquire Property Owned by Lake Charlene Homeowners Association, Inc. - Joy Jones, P.E., Public Works Department Director
That the Board take the following action concerning the acquisition of property totaling approximately 0.11 acres for drainage structures and other improvements on Lake Charlene:
A. Adopt a Resolution containing the following findings, declaring a public necessity, setting forth a public purpose and acknowledging the appraised fair market value for property totaling approximately 0.11 acres for the Lake Charlene Project in the Warrington area drainage basin, and authorizing the property to be acquired by exercise of the County’s power of eminent domain:
1. Acquiring the property accomplishes a legitimate public purpose of allowing construction and maintenance of improved drainage and stormwater management structures in the Lake Charlene subdivision;
2. Acquiring a fee simple interest in the property from the Lake Charlene Homeowners Association, Inc., is necessary to complete the project and to construct and maintain improved drainage and stormwater management structures in Lake Charlene subdivision;
3. Exhibit "A", provided and incorporated by reference, describes the property to be acquired by the County;
4. The appraised fair market value of the property is $14,100;
5. All conditions precedent to acquire the property have been satisfied; and
6. It is in the best interest of the health, safety, and welfare of the citizens of Escambia County, Florida, that Escambia County acquire a fee simple interest in the property by exercise of its power of eminent domain;
B. Authorize, by super-majority vote, an offer of 120% of the appraised value as an incentive for the owner to agree to voluntarily convey the property, and, if the owner rejects the offer, authorize the County Attorney to initiate and undertake legal action to acquire the fee simple interest in the property owned by Lake Charlene Homeowners Association, Inc., as described on Exhibit "A" of the Resolution, by eminent domain;
C. Authorize the payment of incidental expenditures associated with the acquisition of the property;
D. Authorize the Chairman or Vice Chairman to sign all documents required to implement these actions; and
E. Approve the reallocation of funds from the Capital Improvement Program, in the amount of $16,920 (at 120%), from Fund 352 "LOST III", Cost Center 210107, Transportation and Drainage (T&D), Project #16EN3542 to Lake Charlene, Fund 352 "LOST III", Cost Center 210107, Project Number to be Assigned.
[Funding Source: Fund 352, LOST III, Cost Center 210107] |
| BACKGROUND: |
A complex of waterbodies and canals (commonly known as Lake Charlene and Lake Joanne), as shown on the plat of Lake Charlene subdivision, recorded in Plat Book 9 at pages 53A, 53B, 53C, and 53D, of the public records of Escambia County, Florida, is located within the Warrington area drainage basin. These waterbodies and canals receive surface and stormwater discharge from the surrounding areas, and the discharge point is controlled by an existing sluice gate. Escambia County constructed the existing sluice gate in 2006 to replace a deteriorated and antiquated sluice gate in connection with the Lake Charlene Outfall Rehabilitation Project.
A history of repetitive flooding in the Warrington area drainage basin, including extensive home flooding from the storm event in April 2014, prompted the county to identify further improvements to address drainage and stormwater management in the Warrington area drainage basin. The county identified funding and designed a project for construction of improved drainage and stormwater management structures in Lake Charlene subdivision (the Project).
Two Public Meetings (August 17, 2015 & April 11, 2017) were performed to discuss the project and to receive public input. As a result of these meetings, the final design lowers the lake level nine inches instead of the original eighteen inches and a sediment capture project has been designed and permitted to improve water quality of the lake. An offer for the appraised value of $14,100 has been rejected by the Home Owners Association.
The Project is expected to protect 75 structures from flooding, reduce the frequency of flooding on 266 properties during a 100-year storm event, and reduce flood stages for approximately 77 acres of property directly connected to Lake Charlene, Lake Joanne, and the canals. |
| BUDGETARY IMPACT: |
Funding for this project is available in Fund 352, LOST III, Cost Center 210107.
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| LEGAL CONSIDERATIONS/SIGN-OFF: |
| The Resolution was approved as to form and legal sufficiency by Stephen West, Senior Assistant County Attorney. The County Attorney’s Office will initiate the necessary legal proceedings as provided in Chapters 73, 74, and 127, Florida Statutes. |
| PERSONNEL: |
| The County Attorney’s Office and the Public Works Department will work together on this project. |
| POLICY/REQUIREMENT FOR BOARD ACTION: |
This proposed action is consistent with the Board’s practice of acquiring property through eminent domain for various improvements in the county.
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| IMPLEMENTATION/COORDINATION: |
| Upon Board approval the County Attorney’s Office and Public Works Department will proceed with the eminent domain proceedings. |
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