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A lengthy discussion ensued as individual Commissioners expressed support for <br />continuing negotiations with Fellsmere. <br />Chairman O'Bryan suggested that it might be helpful to have a Fellsmere City Council <br />Member and a County Commissioner join in the discussions, if the ESD and Fellsmere staffs <br />reach an impasse. <br />MOTION WAS MADE by Commissioner Solari, <br />SECONDED by Commissioner Flescher, to direct the <br />County Attorney and Emergency Services District staff to <br />continue negotiating the issues pertaining to the <br />Fellsmere's Fire Marshal's Office, in the hopes of <br />reaching an agreement satisfactory to both parties. <br />Director King was concerned that the Fire Marshal/Fire Chief are not always protected <br />by the sovereign immunity limits, and would be held personally liable should an error occur. He <br />also spoke of the need to clarify who would be the ultimate authority in a dispute (such as that <br />between a field inspector and plans reviewer), because under the current system, County Code <br />delegates final authority to the Director of Emergency Services; whereas Fellsmere Code gives <br />that power to the City Manager. <br />City of Fellsmere Mayor Susan Adams, affirmed that the County and Fellsmere would <br />be able to work out an agreement that would take care of the liability issues through further <br />negotiations. <br />Commissioner Flescher clarified that the elected officials would join in the discussions <br />only if an amenable decision is not reached between the two parties. <br />November 19, 2013 3 <br />ESD <br />NC 144PG619 <br />