11/19/2013 - Laserfiche WebLink

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1124.1. CITY OF FELLSMERE FIRE MARSHAL'S OFFICE Director of Emergency Services John King recalled the August 20, 2013 Emergency Services District (ESD) meeting, at which he addressed the Board with his concerns about the City of Fellsmere (Fellsmere) establishing its own Fire Marshal's Office and conducting reviews and inspections that should fall solely under the responsibility of the unified District. He stated that in accordance with the ESD Board's directive, he and County Attorney Dylan Reingold had engaged in negotiations with corresponding staffs in Fellsmere, but no agreement was reached. He reiterated that his key concerns relate to who is legally responsible to administer the statutorily required Fire Marshal duties within Fellsmere, and who would hold ultimate liability if any mistakes of omission or commission occur. He requested that the Board approve the draft Resolution requesting that Fellsmere cease its Fire Marshal operations within 30 days, and also authorize the County Attorney to pursue the necessary legal remedies to maintain the jurisdictional powers of the District. Attorney Reingold provided his legal interpretation that under the Florida Statutes 633.118, the Fire Marshal's Office is the responsibility and authority of the ESD District. He voiced support for Director King's appeal for the Board to approve the proposed Resolution supporting the ESD District as the provider of said services. City of Fellsmere Manager Jason Nunemaker provided background on the establishment of Fellsmere's Fire Marshal's Office, emphasizing the elements of good faith that the City has exercised through vanous negotiations with the ESD District. He stressed the City's willingness to work things out cooperatively with the County, and advocated for the creation of an interlocal agreement that would address Director King's concerns while allowing Fellsmere to retain its Fire Marshal's Office. fr November 19, 2013 2 ESD { PG 618