Fellsmere Water Control District
12.A.
Recommended Action:
Authorize staff to engage in conversations and participate in the review of any
legislation proposed to convert the Fellsmere Water Control District to a ‘dependent
special district’ with the governing and operational responsibilities transferred to
Indian River County.
County Administrator John Titkanich informed the Board that following the County's
Legislative Delegation Meeting and the approval of its priorities, an important issue
had arisen regarding the maintenance of the canals managed by the Fellsmere Water
Control District (FWCD). In response to past flooding incidents, which involved
coordination between the City of Fellsmere (City), the FWCD and the County, there
were discussions about legislative changes to convert the FWCD into a Dependent
Special District, which could place its responsibilities under either The City or the
County.
Representative Brackett requested that an item be brought Board so there could be
an opportunity to discuss this as various solutions and options were being considered.
The FWCD could potentially be dissolved, leading to challenges in managing canals
that cross jurisdictional lines. To protect the County's interests, staff recommended
authorization to engage in discussions and review any proposed legislation regarding
the transfer of responsibilities from the FWCD to the County.
Commissioner Adams, who represented Fellsmere, agreed that a solution involving all
parties was important, and that the County should have representation during the
process. The Board agreed with staff's recommendation.
Kathy Copeland, Legislative and Communications Director, clarified that
Representative Brackett wanted to get a sense of whether the Board thought it best to
transition to a Dependent District under the County's control, or to split up the
FWCD. County Attorney Shuler discussed the qualities of a Dependent District,
noting it could be formed either by Ordinance or legislation, and an Independent
District which was formed only through legislation.
Commissioner Adams named the Solid Waste Disposal District as an example of an
Independent District, adding this would allow for a funding source, County oversight,
and would keep the system intact. The City has been in support of this path. Attorney
Shuler expressed curiosity as to how the proposals would work considering parts of
the FWCD were in the County and in the City. Considering these concerns,
discussion was had about the importance of having a seat at the table when the
legislation was created. Commissioner Earman suggested some other districts may
need to be evaluated in light of the changes since they were created.
A motion was made by Commissioner Adams, seconded by Commissioner
Earman, to approve staff's recommendation. The motion carried by the following
vote: