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  County Administrator's Report     13. 12.    
BCC Regular Meeting Budget & Finance Consent  
Meeting Date: 07/07/2015  
Issue:    Acceptance of a Drainage Easement from James B. and Sara G. Fiveash for the Willowbrook Dam Improvement Project
From: Joy D. Blackmon, P.E.
Department: Public Works  
CAO Approval:

RECOMMENDATION:
Recommendation Concerning the Acceptance of a Drainage Easement from James B. and Sara G. Fiveash for the Willowbrook Dam Improvement Project - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the acceptance of the donation of a drainage easement (containing 0.937 acres), located in the 600 Block of Orby Street, from James B. and Sara G. Fiveash, and the allocation of design and construction funding for the Willowbrook Dam Improvement Project:

A. Accept the donation of a 0.937 acre drainage easement located in the 600 Block of Orby Street, from James B. and Sara G. Fiveash, for the Willowbrook Dam Improvement Project;

B. Authorize the payment of documentary stamps as the drainage easement is being donated for governmental use, which is for drainage and water quality improvements, and the County benefits from the acceptance of this drainage easement, which will enhance the safety and well-being of the citizens of Escambia County;
 
C. Authorize the payment of incidental expenditures associated with the recording of documents;

D. Authorize staff to prepare, and the Chairman or Vice Chairman to accept the Drainage Easement as of the day of delivery of the Drainage Easement to the Chairman or Vice Chairman, and authorize the Chairman or Vice Chairman to acknowledge the Board's acceptance at that time; and

E.  Authorize staff to initiate activities to establish the means for perpetual maintenance of the Willowbrook Dam through the Municipal Services Benefit Unit (MSBU) Program.

[Funding:  Funds for incidental expenses associated with the recording of documents are available in an Engineering Escrow Account accessed by the Escambia County Clerk's Office]
BACKGROUND:
The Willowbrook Dam project was submitted to the Natural Resources Conservation Service and Emergency Watershed Protection (NRCS – EWP) program for consideration. Unfortunately, it was denied because historical photographs indicated previous damage and a lack of maintenance occurred prior to the April 2014 storm event. In addition, the project was not eligible for Federal Emergency Management Agency (FEMA) Public Assistance (PA) funding because the dam is located on private property.  

Documents provided by the Willowbrook subdivision representatives indicate major reconstruction and repair efforts have been periodically made since 1987. It appears the most recent dam failure originated near the area around the outflow structure that is constructed through the dam embankment. This failure caused downstream flooding, flood damage to homes and properties and damage to county infrastructure, and left deposits of sediment and debris. The dam has historically provided water quality benefits and stormwater attenuation during normal storm events for approximately 1,050 upstream acres (see basin map). Completing the repair will again reduce downstream impacts and will enhance the safety and well-being of the citizens of Escambia County. 

The proposed action is to repair the breach in the embankment to meet the original design while also meeting current standards and structural specifications. As with the Crescent Lake Dam, it is expected that Northwest Florida Water Management District (NWFWMD) representatives will consider the dam hazard rating as "moderate" for purposes of Environmental Resource Permitting (ERP). The spillway design must meet requirements for a 25-year critical storm event.  County maintenance of the dam would benefit the surrounding and outlying community by protecting Chemstrand Road, a main arterial, and by protecting numerous down-gradient homes and properties located along the 3-mile outfall route between the dam and the Escambia River. Approval of the easements, repair and scheduled inspections, and routine maintenance of the dam, is recommended to keep the dam functioning properly.

It is estimated that design and required permitting for the repair can be completed in four months, with bidding in two months and construction in 120 days.

Board approval is required for the Board's acceptance of the donated Drainage Easement, to reallocate budget dollars to provide sufficient funding for design and construction of the dam repairs, and to initiate the MSBU process to fund perpetual maintenance of the dam.
BUDGETARY IMPACT:

Funds for incidental expenses associated with the recording of documents are available in an Engineering Escrow Account accessed by the Escambia County Clerk's office.

A budget amendment will be prepared after BCC approval to transfer LOST III funding.

LEGAL CONSIDERATIONS/SIGN-OFF:
The Drainage Easement was approved as to form and legal sufficiency by Stephen West, Senior Assistant County Attorney.
PERSONNEL:
All work associated with this request is being done in-house and no additional staff is required.
POLICY/REQUIREMENT FOR BOARD ACTION:
These actions are consistent with the provisions of Section 46-139, Escambia County Code of Ordinances.
IMPLEMENTATION/COORDINATION:
Upon Board approval, staff will proceed in compliance with Section 46-139 of the County Codes.

Attachments
Drainage Easement
Parcel Information
Basin Map
Map
BCC Action 2 5 15

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