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Board of County Commissioners Meeting Minutes - Final February 21, 2017 13.A 17-0190 Fellsmere Water Control District Interlocal Agreement for Maintaining Unpaved Roads Recommended Action: The County Attorney's Office recommends that the Board provide guidance as to the provision concerning additional roadways and the language on drainage responsibilities in the proposed Third Amendment. The County Attorney's Office does not recommend agreeing to the proposed drainage language, which would either cause the County to flood adjacent property owners or construct expensive stormwater treatment facilities. Attachments: Staff Report 3rd Amended Fellsmere WCD Interlocal Agreement Maintaining Unpaved Roads County Attorney Dylan Reingold provided background concerning the maintenance of unpaved roads within the Fellsmere Water Control District (FWCD). He stated that the County and FWCD have reached an impasse regarding the issue of drainage, and recommended that Fellsmere residents with concerns should attend the Drainage District meeting that is being held on March 9, 2017, at 109 N. Willow Street, Fellsmere. Chairman Flescher recalled the June 27, 2016 Workshop held at Fellsmere City Hall, concerning the maintenance of the unpaved roads. He felt that it was the consensus of the Board that the issue of grading the roads had been resolved, and that the grading of the roads would begin shortly thereafter. He stated that the constraints and legal arguments that have ensued since that time were not anticipated, and have created more liability for both the County and the land owners. Commissioner Solari echoed Chairman Flescher's comments, as he also felt that the discussions in Fellsmere had resulted in agreements on a number of items from both sides. He expressed his disappointment about the fact that the County Attorney's office drafted an Agreement which closely reflected those discussions held at the meeting, but that upon the return of the draft Agreement from the attorney for the FWCD, it looked as though the document had been totally re -negotiated in FWCD's favor. He felt that FWCD will continue to have significant problems as long as there is a conflict between what the large landowners want for their future in the District and the needs and desires of the citizens actually living in the District. Rodney Tillman, Superintendent of Plant and Operations, Fellsmere Water Control District, stated that he had been given direction by the FWCD Board to relay that the 1975 Agreements had not been broken, and that it was the desire of the FWCD Board for the County to continue to maintain the roads as stated in the 1975 Agreement until such time as legislation to extend the life of the District is resolved. Indian River County Florida Page 10