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PEPARTMENTAL <br /> INDIAN RIVER COUNTY, FLORIDA <br /> MEMORANDUM <br /> r <br /> TO: Jason E. Brown,County Administrator a <br /> FROM: Richard B.Szpyrka P.E., Public Works Director <br /> SUBJECT: Fellsmere Unmaintained Unpaved Roadways <br /> DATE: July 5, 2016 <br /> DESCRIPTION AND CONDITIONS <br /> On June 27, 2016 the Indian River County Board of County Commissioners held a Fellsmere Roads <br /> Workshop in the City of Fellsmere.The Board is considering the addition of certain unmaintained unpaved <br /> roadways to the maintenance responsibility of Public Works and directed staff to return to the Board on <br /> July 12, 2016 with a recommendation of roads for the Board to approve. The parameters of the <br /> recommendation were for staff to expand the existing grader route by six(6)to ten(10)miles to avoid the <br /> need to hire additional staff and purchase additional equipment. Staff was also to review this as a short <br /> term adjustment to the existing grader route to allow the maintenance to sunset in three (3) to five (5) <br /> years.This time frame will allow the Fellsmere Water Control District(FWCD)to obtain authority to become <br /> an Improvement District within this time frame.The Board indicated that the County would add this to our <br /> legislative agenda. <br /> At the workshop, staff presented the Board with background regarding the need to improve any <br /> unmaintained unpaved roadways to meet minimum roadway standards as part of expanding roadway <br /> maintenance in unincorporated Fellsmere. Staff informed the Board that a majority of the unpaved <br /> roadways being considered for maintenance are not within County right-of-way or FWCD right-of-way. <br /> These roadways are on private property and presents legal issues with maintenance of unpaved roadways <br /> on private property. The presentation included information regarding the legal liabilities that the County <br /> could encounter from adding sub-standard roadways to the County maintenance program and raised <br /> concerns with regards to funding the proposed maintenance on roadways that are located on private <br /> property.The Florida Constitution limits the imposition of taxes and the expenditure of tax revenues to <br /> public purposes. In order to comply with this constitutional restriction,the Florida Attorney General has <br /> opined that a county may furnish road grading of private roads so long as payment for actual costs of such <br /> service is borne by the owners of the private roads. In the alternative, the Florida Attorney General has <br /> stated that the public must be granted the right to utilize such roads. Examples of establishment of such <br /> rights include granting of easements and dedication of rights-of-way. <br /> Per Board direction, staff has analyzed the unmaintained unpaved roadways within unincorporated <br /> Fellsmere.A list of unmaintained unpaved roadways that benefited the most residents was developed and <br /> staff evaluated each of the roadways to produce a cost for material to be used to fill/level/grade the <br /> unmaintained unpaved roadways within the existing footprint of the existing roadway. The estimated <br /> amount of stabilized material required is 4,700 cubic yards at a cost of$69,325. <br /> Staff also evaluated the need for material on the 30 miles of County maintained unpaved roadways in <br /> unincorporated Fellsmere and estimates that approximately 9,600 cubic yards of additional material is <br /> 10 <br /> C:1Users\rszpyrka\Dcsdtop\Feltsmm Water Control District RoadwaysWellsmere Unpaved Road Agenda 070516.doc <br />