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Board of County Commissioners November 16, 2016 Page Tivo (a) Language concerning indemnity and hold harmless protections for Indian River County for all claims related to the drainage right-of-way for access; (b) Clarify definitions for roadway maintenance as maintenance of the FWCD access road for drainage canals/ditches; (c) Authorization for the direct discharge of untreated stormwater runoff from the unpaved roadways into the FWCD ditch system; (d) Clarification concerning the maintenance responsibilities for culverts and bridges within, the FWCD right-of-way; (e) Requirement that FWCD pursue State approval for the FWCD to become an improvement district, so that roadway maintenance will be the responsibility of FWCD to maintain; (f) Addition of the roadways selected for maintenance for a three to five-year period. The Board authorized County staff to begin maintenance of the roadways selected, once the Interlocal Agreement between Indian River County and the FWCD was complete. On August 1, 2016, the County Attorney's Office sent a draft of the Third Amendment to Fellsmere Water Control District - Indian River County Inter -Governmental Agreement (the "Third' Amendment") to the FWCD. A copy of the proposed Third Amendment is attached. On September 1, 2016, FWCD sent a revised Third Amendment to the County Attorney's Office. The revised Third Amendment included five significant changes: 1) extending the Interlocal Agreement from a three year term with two one year renewals to a five year initial term with two one year renewals; 2) eliminating the requirement that FWCD seek State approval to become an improvement district; 3) increasing the powers to be sought by FCWD from the State to include development of a) sanitary sewer collection and treatment systems and systems for the treatment and distribution of potable water, b) facilities for parks and facilities for indoor and outdoor recreational, cultural, and educational uses, and c) facilities for conservation areas, mitigation areas, and wildlife habitat; 4) eliminating all indemnity and hold harmless language; and 5) requiring FWCD a culvert connection permit and a permit from either the St. Johns River Water Management District (the "SJRWMD") or the State Department of Environmental Protection (the "FDEP") for treated direct discharge of stormwater runoff into FWCD ditches from the grassed roadside swales parallel to the roads and rights-of-way. The revised Third Amendment is attached. There is currently inadequate drainage along the access roads proposed to be graded by Indian River County. The most cost effective solution to ensure that access roads are not submerged in water during the rainy season is to install small drainage pipes to allow a direct drainage connection to the FWCD canals from the access roads. The agreement as proposed by FWCD includes drainage/treatment swales and permitting of all drainage improvements through the SJRWMD or FDEP. It is anticipated that these requirements will require funding in excess of $1,000,000 to design and construct. Additional funding will be necessary to acquire right-of-way to construct the treatment systems, as most of the access roads slated to be maintained by Indian River County are not completely within the FWCD right-of-way and therefore right-of-way to provide treatment for the stormwater runoff does not exist at this time. F.l4ttom e.�•,LindalGF,k'DW IB CC'agendo AfemosiFellsmem 16aree Control District Agreement.do 153