FELLSMERE – The City of Fellsmere is pursuing another code enforcement case against the county government for failure to pay for the maintenance of the city’s fire hydrants the county’s Fire Rescue division uses.
County Attorney Alan Polackwich suggested commissioners send a letter asking the city not to pursue code enforcement action pertaining to the latest bill for fire hydrant maintenance.
Fellsmere has sent a bill to the county for 2010, which the county has not yet paid. The city then sent a warning letter to the county telling the government to pay $25,425 within 10 days or be found in violation of the city’s code.
The city and county currently are locked in a court case over the remainder of the 2009 bill, of which the county paid half.
“This is essentially round two,” Polackwich said, explaining that he does not believe it is in either the city or county’s best interest to go through another code enforcement battle while there is pending litigation.
“It doesn’t make sense,” he said, of spending taxpayers dollars on a matter that could be cleared up in the courts.
After the Board of County Commissioners meeting, Fellsmere City Manager Jason Nunemaker said the city would continue with the code enforcement case for the 2010 bill. As to the expense the city would undertake in the pursuit, Nunemaker said it wouldn’t be “too onerous on our end.”
“If it’s an imposition on the county, I apologize for that,” Nunemaker added.
Commissioner Wesley Davis said during the meeting that he did not believe the city would accept the county’s request to hold off on the code enforcement issue and called it a waste of time.
“I don’t feel like we’re getting anywhere by making this gesture at all,” Davis said, noting that he would assume Fellsmere would say “‘Thanks, but no thanks. Pay our money.'”
Commissioner Bob Solari told Davis that the difference between the first case and the second is that now there is a legal matter in the courts. He added that he thinks the letter could save time, if the city were to work with the county.
Solari then took issue with the amount of the bill – more than $25,000 to maintain 113 fire hydrants.
The county’s per-hydrant cost for maintenance, he said, is $73. Fellsmere’s is $225.
“I can’t believe Fellsmere is so incompetent,” Solari said of spending so much per hydrant. He added that he could understand if the city spent $100 per hydrant due to a smaller economy of scale than the county has.
Nunemaker said in response to Solari’s comments that it was at the county’s request the city revisited the rates it was charging for the hydrants – and that study called for an increase to $225.
Solari likened Fellsmere’s fire hydrants to the Vero Beach electric utility – a revenue source for the city.
“Basically, they’re using fire hydrants as a profit center,” Solari said. “And that’s the right way to go.”
“That’s a good way to get them to cooperate,” Commissioner Gary Wheeler said in response to Solari’s comments, drawing laughter from the board.
“I’d rather not call it incompetence,” Davis said. “Let’s call it ‘thorough.’ They’re just so thorough their cost is double.”
“I thought it was disappointing,” Nunemaker said of what and how the commissioners spoke of Fellsmere, adding that he’s not sure what is at the root of the remarks.
Commissioners voted unanimously to send the letter to the City of Fellsmere.