FELLSMERE – It has been a month since the City of Fellsmere and Indian River County argued why they should not pay $12,800 to maintain the city’s fire hydrants and still there is no decision.
Special Master John E. Banks expected to make his decision shortly after Nov. 9, but so far no decision has been filed. Attempts to reach Banks Wednesday were unsuccessful.
“I don’t know what’s taking so long,” Fellsmere City Manager Jason Nunemaker said. Neither the city nor the county have heard from Special Master Banks as to when they could expect a ruling.
At issue is a bill for more than $12,800 issued to the county over maintenance and upkeep of fire hydrants in Fellsmere.
The city has argued that while the hydrants are located within the city and are hooked up to the city’s water utility, the county is the end user – as the county provides fire rescue services to the city.
Any other use of the hydrants – for development or other activities – the city charges the private user for the water use.
Because the city looks at the county as a water customer, the county is billed for the maintenance of the hydrants, which also includes fees for reserving water capacity.
Larry Napier, the city’s finance director, said that when a customer fails to pay a bill, that customer faces having the water shut off and be cited for a code violation.
“It’s difficult to see how the county could not be charged with violating code,” City Attorney Warren Dill told Banks during the hearing in October.
Collins took issue with Napier’s determination that the county is a customer, saying that the true customers are the city’s residents, who benefit from the hydrants. He said that Indian River County Fire Rescue is only an intermediary, using the hydrants when a customer/resident needs it.
Napier argued that residents are not customers in regard to the hydrants because they cannot directly use the hydrants.
