Residents question MSBU assessments after Whiskey Creek and Sheffield Way dredging; commission affirms final assessment rolls

Lee County commissioners on Feb. 17 heard extended public comment and approved resolutions confirming final assessment rolls and ratifying completion of capital improvements for two municipal services benefit unit (MSBU) dredging projects: Whiskey Creek and Sheffield Way.

County Attorney David Halverson and staff summarized the legal and procedural background: Whiskey Creek MSBU was created in June 2020, work has been completed, and the final step is to confirm the amounts owed by each benefited property. Staff and an independent third‑party surveyor presented bathymetric surveys and engineer and Army Corps confirmations that the dredging work met contractual thresholds. Commissioners and staff said the MSBU formation included a petition process with notarized signatures exceeding the 50%+1 threshold required to proceed.

Multiple residents at the podium raised concerns. Arlene Miley argued the channel is a natural waterway and said state responsibility should be considered; other speakers asked whether the state should have funded such work after Irma, and whether residents will be assessed again after future storms. Jeff Fiscardo and other boaters said dredge depths did not match their expectations (citing observed draft of 2.7 feet at a recent tide versus an expected 3.5 foot minimum) and asked for the county to enforce contractor deliverables.

Staff and commissioners responded: Natural Resources said the canal primarily serves flood protection and that the hydrological (Grama) study and other modeling showed the canal had sufficient flood capacity; staff emphasized that dredging for navigation is a separate objective. Staff also explained that pre‑ and post‑project bathymetric surveys verified the yardage removed and that the project came in under some estimates. Commissioners acknowledged residents’ concerns and suggested further study to identify upstream contributors to sediment and to evaluate future partnership models and maintenance schedules.

After public comment and discussion, motions to adopt final assessment resolutions for Whiskey Creek and for Sheffield Way were made and carried with no objection. Commissioners asked staff to return with data or potential future study options to explore shared responsibility and maintenance planning for the watershed.