Agenda

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Public Hearings 10.

BCC Regular Meeting

Meeting Date:	11/17/2016
Issue: 5:31 p.m. Public Hearing to Adopt the Weekley Bayou Entrance Channel Dredging Maintenance MSBU Ordinance
From:	Stephan Hall
Department:	Asst County Administrator
CAO Approval:

RECOMMENDATION:

5:31 p.m. Public Hearing for consideration of adopting an Ordinance creating the Weekley Bayou Entrance Channel Dredging Maintenance MSBU.

Recommendation: That the Board adopt, and authorize the Chairman to sign the Ordinance creating the Weekley Bayou Entrance Channel Dredging Maintenance Municipal Service Benefit Unit (MSBU), and all related documents, and make the following findings of fact:

A. Lots in the District are specially benefited since dredging maintenance improvements increase the market value of individual lots, and improve accessibility;

B. The non-ad valorem special assessments levied represent a fair and reasonable apportionment of the cost of the special benefit received by each lot and do not represent a fair share of the cost of general governmental service provided to residents in the unincorporated areas of Escambia County; and

C. Lots which do not receive a special benefit have been and shall be excluded from the non-ad valorem special assessment for dredging maintenance improvements.

BACKGROUND:

The owners of the property abutting the Weekley Bayou channel have met the criteria established by the Board of County Commissioners for an MSBU, and the Board has reaffirmed its intent to use the uniform method of collection of non-ad valorem special assessments levied.

Petitions for creating the MSBU district were circulated among owners of property abutting Weekley Bayou. There are an estimated 79 properties, and of these, property owners representing 58.2% of total property owners signed the petition in favor. This meets the 55% minimum approval requirement specified in the MSBU Guidelines and Procedures. The estimated cost per residential lot will be $77.27 annually for 10 years, after which the MSBU will remain in place with no assessment unless or until it is determined by the property owners that additional dredging is necessary.

The dredge spoils will be placed on a .2102 acre parcel on the south side of the mouth of the entrance channel. The recorded owner of this parcel is the Weekley Bayou Improvement Association. Permitting for the project has been accomplished. There are a number of factors that must be considered when permitting dredging and other marine projects. For reference, some typical factors are listed below, although special circumstances may trigger other considerations:

Federal Review by Army Corps of Engineers (coordination with US Fish & Wildlife Service, National Marine Fisheries Service, US Coast Guard, Dept. of Interior, etc):
Impacts to navigation (per Rivers & Harbors Act of 1899)
Impacts to water quality (per Clean Water Act)
Impacts to Threatened or Endangered species and Critical Habitat (per Endangered Species Act, Marine Mammal Protection Act, etc.)

State Review by Florida Department of Environmental Protection (coordination with Florida Fish & Wildlife, Water Management District, Board of Trustees, Historic Preservation Office, etc.):
Impacts to water quality (Hydrographic “flushing” analysis)
Impacts to sea floor (Bathymetric “depth” survey)
Sediment quality (spoil disposal)
Impacts to cultural or historic resources
Impacts to State-listed species
Riparian rights and impacts to adjacent upland/riparian owners
Proprietary review (authorization by Letter of Consent, Consent by Rule, or Public or Private Easements)

BUDGETARY IMPACT:

The MSBU will generate revenues for the purpose of providing repayment to Escambia County for providing dredging maintenance improvements to the Weekley Bayou Entrance Channel, as well as administrative and statutory fees.

LEGAL CONSIDERATIONS/SIGN-OFF:

This Ordinance has been reviewed by the County Attorney's Office and found to be legally sufficient.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

The Board of County Commissioners must approve and adopt all Ordinances.

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Weekley Bayou Ordinance