HomeMy WebLinkAbout2014-069RESOLUTION NO.2014-4Za
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
JOINING THE FLORIDA GOVERNMENTAL CONFLICT
RESOLUTION PROCESS INITIATED BY THE TOWN OF
INDIAN RIVER SHORES WITH THE CITY OF VERO BEACH.
WHEREAS, on July 18, 2014, the Town of Indian River Shores ("Town") held a special
call meeting at which the Town voted to adopt a resolution initiating the Florida Governmental
Conflict Resolution process with the City of Vero Beach ("City") concerning its conflict over
unreasonable electric rates, the City's refusal to comply with the referendum requirements set
forth in Section 366.04(7), Florida Statutes, and the removal of the City's electric facilities from
the Town upon expiration of the City's franchise; and
WHEREAS, the Florida Governmental Conflict Resolution Act, Chapter 164, Florida
Statutes, requires governmental entities to follow a dispute resolution process prior to engaging
in litigation against another governmental entity; and
WHEREAS, on July 21, 2014, the Indian River County Board of County Commissioners
received a copy of a letter from Town Mayor Barefoot sent to the City concerning the Town's
lawsuit which invited Indian River County and other governmental entities, including the Indian
River County Hospital District and the Indian River County School Board, to participate in the
Florida Governmental Conflict Resolution process; and
WHEREAS, Indian River County shares the same conflicts with the City; and
WHEREAS, a governmental entity which receives notice of a conflict may, by passage
of its own resolution, join the Florida Governmental Conflict Resolution process as a primary
conflicting governmental entity;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:
1. The Indian River County Board of County Commissioners adopts as true and
correct the recitals stated above and incorporates same by reference as part of this Resolution.
2. The Indian River County Board of County Commissioners hereby joins the
conflict resolution process initiated by the Town with the City, as a primary conflicting
governmental entity.
3. Pursuant to Section 164.1052, Florida Statutes, the Indian River County Board of
County Commissioners requests that a letter and a certified copy of this resolution be sent to
Town Manager Robert H. Stabe, Town Mayor Barefoot, the Town Council, City Manager James
R. O'Connor and City Council by certified mail, return receipt requested. The letter shall state
the nature of the conflict, and the justification for joining the conflict resolution process, and
suggestions regarding the officials who should be present at the conflict assessment meeting.
Copies of the letter shall also be provided to the Indian River County Hospital District and the
Indian River County School Board.
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RESOLUTION NO. 2014-069
The foregoing resolution was moved for adoption by Commissioner F1 escher , and
motion was seconded by Commissioner z o r c and, upon being put to a vote, the vote
was, as follows:
Chairman Peter D. O'Bryan
Ave
Vice Chairman Wesley S. Davis
Aye
Commissioner Joseph E. Flescher
Ave
Commissioner Bob Solari
Aye
Commissioner Tim Zorc
The Chairman thereupon declared the resolution duly passed and adopted this 19'h day of
August, 2014.
ATTEST: Jeffrey R. Smith, Clerk of Court
and Comptr er
B
Deputy Clerk
BOARD OF COUNTY COMMI
OF INDIAN RIVER COUNTY, F1
By:
ALJ \
Peter D. O'Bryan, Chai
BCC approval date: August 19, 2
Approved as to form and legal sufficiency:
By. sem• -_
Dylan Reingold, County Attorney
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