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03/05/2019 (2)
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03/05/2019 (2)
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12/31/2019 12:00:19 PM
Creation date
4/17/2019 11:03:43 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Minutes
Meeting Date
03/05/2019
Meeting Body
Board of County Commissioners
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Board of County Commissioners <br />Meeting Minutes - Final March 5, 2019 <br />The Chairman called a recess at 10:39 a.m., and reconvened the meeting at 10:44 <br />a.m., with all members present. <br />11. COUNTY ADMINISTRATOR MATTERS <br />11.A. 19-0197 City of Sebastian Fire Marshal <br />Recommended Action: <br />Staff recommends the Board authorize an interlocal agreement with the City of <br />Sebastian, and direct negotiation of the final terms of an agreement in which the <br />City manages all Fire Marshal Services in the City within the parameters presented. <br />Staff also recommends the Board authorize termination of the dispute resolution <br />process under the Act upon the City's approval to negotiate an interlocal agreement <br />within the parameters presented. The negotiated interlocal agreement will be <br />brought back to the Board of County Commissioners for final review and approval. <br />Attachments: Staff Report <br />Fellsmere Draft Interlocal Agreement <br />County Administrator Jason Brown referred to staffs memo which recounted the <br />history of the conflict between the City of Sebastian (the City) and Indian River <br />County (the County) regarding the City's establishment of an independent Fire <br />Marshal's Office, and the County's opposition to it. Because attempts to reach an <br />agreement between the parties had failed, the Board approved initiating the Florida <br />Governmental Conflict Resolution Act (Act) at their February 5, 2019 meeting. <br />Following passage of the Act, a conflict assessment meeting was held on February <br />26, 2019; Administrator Brown summarized the County's position as it was <br />presented at that meeting. In an effort to resolve the issue and avoid litigation, <br />Administrator Brown proposed creating an Interlocal Agreement similar to one <br />previously proposed to the City of Fellsmere, and discussed how it could be <br />modified to address the County's safety and liability concerns. He conceded that <br />though the preferred option was to keep the Emergency Services District intact, he <br />and staff were supportive of this solution; he went on to outline the proposed <br />agreement for the Board's consideration. <br />Discussion ensued among the Board with each Commissioner stating their views on <br />the issue and the proposed solution. Commissioner Zorc asked and received <br />answers from County Attorney Dylan Reingold and Emergency Services Director <br />Tad Stone regarding the division of responsibilities. Chairman Solari and <br />Commissioner O'Bryan each elaborated on his reasoning for opposing the Interlocal <br />Agreement. Vice Chairman Adams and Commissioner Flescher discussed their <br />rationale for supporting the Interlocal Agreement as a means to end the impasse <br />between the County and the City. <br />A motion was made by Vice Chairman Adams, seconded by Commissioner Flescher, <br />to approve staffs recommendation. The motion carried by the following vote: <br />Indian River County Florida Page 13 <br />
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