in Chapter 206 of the Code.
Assistant County Attorney Chris Hicks stated that in October 2006, the Waters Edge
Phase II Subdivision transferred ownership of the roads and road easements to the
County, making the County responsible for maintaining and repairing the roads. This
transfer did not include the subdivision's drainage infrastructure, specifically the
culverts allowing passage of the Indian River Farms Water Control District
Sub-Lateral B-5 Canal on 1st Street SW. The culvert pipes at both entry points into
the subdivision were deteriorating and needed to be replaced.
He noted that on June 18, 2024, the Board approved a contract with Timothy Rose
Contracting, Inc. to construct replacement culverts at a total cost of $1,366,739.45.
The County and the Waters Edge Phase II Homeowner’s Association reached an
agreement to share the replacement costs. The County would cover the majority of
the project, contributing $828,764.95 (including a contingency fund of $100,000.00),
and the residents would be responsible for the remaining $537,974.50 (including a
contingency fund of $80,000.00).
Attorney Hicks stated that the County and Waters Edge Phase II HOA negotiated a
special assessment, allowing property owners to pay their share of $6255.52 per lot
over 15 years at a rate of $417.04 per year. Upon project completion, hearings
would be held to readjust the amounts owed based on unused reserves.
Commissioner Loar thanked Attorney Hicks and Deputy County Attorney Susan
Prado for bringing this to fruition.
The Board and staff discussed that this process was not setting a precedent, as the
precedent had already been set. Unfortunately, it placed a heavy financial burden on
residents. Based on recent history, this practice had become standard.
A motion was made by Vice Chairman Flescher, seconded by Commissioner
Loar, to approve staff's recommendation and Resolution 2024-064, providing for
Waters Edge culvert replacement for Waters Edge Plat Two subdivision (Waters
Edge Phase II) in Indian River County, Florida; providing the total estimated cost,
method of payment of assessments, number of annual installments, and
description of the area to be served. The motion carried by the following vote:
5 -
Aye:
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner
Moss, and Commissioner Loar
14. COMMISSIONERS MATTERS
A. Commissioner Susan Adams, Chairman
