Indian River County is moving forward with a culvert replacement project at Rain Tree Corner despite concerns from some affected residents about property rights, project costs and the county’s involvement.
The Rain Tree Corner project involves designing and constructing a stormwater culvert at the intersection of 12th Street and 54th Avenue.
Sherri Epstein, one of the residents affected by the project, said residents are questioning whether part of the existing culvert is located on public or private property and want the county to share in the cost of the work.
"We challenge the right of way and demand a review of what, if any, of the original 34 feet of culvert pipe sits on the public versus private land," Epstein said.
Residents are also seeking a cost-sharing arrangement based on the amount of public water the culvert manages, as well as the county's interest in using a larger culvert.
"In addition to that, we are requesting a cost-sharing agreement where the county absorbs a percentage of construction cost and materials matching the public water volume that is managed down 12th Street in Indian River County. In addition, the cost of the larger size of the culvert is a clear benefit to the county, which also increases the scope and the cost of the project," she said.
Epstein also said residents have sought more detailed information about the project's costs and greater involvement in the decision-making process.
"We communicated our concern and requested specific line item budgets so we can review the proposals. We did not receive them. There has been a lack of clear communication and involvement with us, the property owners, to vote on this," she said.
Chris Hicks, the assistant county attorney, said the project originated with a request from residents and was later considered by the county after a hearing.
"This started with the resident's request with a signed document from every owner. It was provided by Mr. Molinari, but we had a hearing last August where multiple residents asked the county to perform this. That was the only reason the commission decided to do it," he said.
Hicks said the county must contract directly with the contractor performing the work because the county is paying for the project before being reimbursed.
"When the county does a project, we don't contract through third or fourth persons. We have to make that contract for legal purposes with the contractor who's doing the work because we are paying for it, and then they are paying us back for what's going on. By law, that's how it has to be done," he said.
Hicks said the county has attempted to address residents' concerns and keep the project's costs manageable.
"We've done everything we could do. We had a meeting in May with the residents, and I understand that they still have concerns. I understand that. We've done our best to keep costs affordable," he said.
He also said the initial estimate residents received did not account for all of the work required.
"But unfortunately, they were quoted a price originally that was far too low that did not include all the work that was necessary that was required by permits with the farms," he said.
Ward Gunter, superintendent of the Indian River Farms Water Control District, said the district's analysis indicates the county does not have financial responsibility for replacing the pipe.
The responsibility for pipe replacement depends on whether the road is public or private, Gunter said.
"[If] the roads are a county road, a public road, then the responsibility of the pipe replacement is on the county. In the case that it's a private road, the responsibility lies on the landowner or HOA," he said.
Gunter said 12th Street has a specific property arrangement involving both the canal and roadway.
"In the case of 12th Street, Indian River Farms does not own that property. 12th Street is a reservation. There's 30 feet there for a canal and 30 foot there for the county to have a roadway," he said.
He said the district has a reservation for the canal but does not own the property or vegetation along the canal bank.
"So in that case, we do not own the vegetation that exists on the canal bank. We do not own the property. We just have a reservation in there for our canal to exist anywhere in that 30 feet," he said.
Commissioner Joseph Flescher said the county has an obligation to address the condition of the piping based on the water control district's assessment.
"If the piping on private property was improper or in failure, we have an obligation to move forward according to the Water Control District's assessment," Flescher said.
Commissioner Deryl Loar said the county must proceed with the administrative approval while also addressing residents' concerns with county attorneys.
Residents are currently expected to pay a maximum annual fee of $2,126 for 10 years to reimburse the county for the work.