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Page 3 of 7 Fellsmere Road Maintenance Workshop For June 27, 2016 The current maintenance of these roads presents two main liability issues. The first involves liability related to individuals utilizing these roads, whether as drivers or pedestrians. It is recommended that for those roads located within the FWCD R/W and subject to the 1975 agreement, that the agreement be amended to include appropriate hold harmless and indemnification language protecting the County. The second involves potential liability for any possible flooding of adjacent properties. It is recommended that the County work with the FWCD to amend the 1975 agreement to allow for drainage into the FWCD canals, thus protecting private property. With respect to roads that the County may maintain in the future, it is recommended that, in addition to working with the FWCD,'the County also obtain any necessary drainage easements from adjacent property owners. With respect to roads that the County may maintain in the future, the County may also be exposed to potential takings claims from adjacent property owners. County staff would prefer to avoid potentially contentious and costly property takings, therefore, the County should obtain the right-of-way and/or easements from the adjacent property owners in order to maintain the roads and provide for drainage, which is consistent with Florida Attorney General guidance. Utilizing the above information staff has several options for the Board to consider. They are as follows: Option 1: Grading of all remaining unpaved roads currently not maintained by the County. Establish an additional grading route for the remainder of all unpaved roads currently not maintained by the County that are located in the unincorporated area of Fellsmere without establishing MSBU or MSTU programs for funding regardless of approval/consent of all adjacent property owners where stormwater runoff may be directed to the adjacent properties and where the unpaved road is located outside of the FWCD drainage right-of-way. This will require the addition of another grader, equipment operator, material, and equipment operating costs which are approximately $165,626 for the first year of maintenance, plus additional material to bring the unpaved roads that are not currently maintained up to minimal standards and the cost for obtaining those portions of the roadway located outside of the right-of-way. The cost for additional material on roadways that are not currently maintained by the County will depend on the Fellsmere Water Control Districts policy for directing the stormwater runoff into the FWCD ditches rather than onto private property. The estimated annual cost ($165,626) of this option equates to 0.0221 mills in the Unincorporated Area M.S.T.U. Fund, which would be a 2 1% increase from the current rate. It should also be noted that the County has approximately 140 total miles of unpaved and unmaintained roadways throughout the County. Therefore, a decision to maintain roadways within this area may result in additional requests for the County to maintain these other roadways. Staff estimates that to maintain all 140 miles of unpaved and unmaintained roadways it would require a total of four (4) additional grader routes at a cost of over $650,000 per year, which would equate to an 8.4% increase in the Unincorporated Area M.S.T.0 FUND, plus an undetermined cost for material necessary to bring the unpaved roadways up to minimum standards. To ensure public safety, the application of the FDOT Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways (Green Book Standards) to all roadways that are currently not maintained by the County will be necessary. C'lUsers\rszpyrka\Desktop\Fellsmere Water C onool District Roadways\Fellsmew Unpaved Road Ntamtenancc Agenda for June 27, 2016.doc 3