HomeMy WebLinkAbout2019-010 RESOLUTION NO. 2019- 010
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
DECLARING THE INTENT OF THE BOARD TO INITIATE
THE CONFLICT RESOLUTION PROCEDURES SET FORTH IN
CHAPTER 164, FLORIDA STATUTES, THE FLORIDA
GOVERNMENTAL CONFLICT RESOLUTION ACT; FINDING
THAT A CONFLICT EXISTS WITH THE CITY OF SEBASTIAN
WITH RESPECT TO THE CITY FIRE MARSHAL'S OFFICE;
DIRECTING THE COUNTY ADMINISTRATOR TO MAIL A
CERTIFIED COPY OF THIS RESOLUTION TO THE CITY OF
SEBASTIAN AS WELL AS THE CITY OF FELLSMERE.
WHEREAS,pursuant to section 208.09 of the Indian River County Ordinance Code (the
"Code"), the Indian River County Fire Marshal's Office is operated under the supervision of the
Fire Chief of the Indian River County Fire Division, under the direction of the Director of the
Indian River County Department of Emergency Services; and
WHEREAS, the fire chief is responsible for designating a fire marshal who is
responsible for the administration and enforcement of applicable provisions of the Code, the
State Fire Prevention and Control Chapter (Chapter 633, Florida Statutes) and Chapter 69A-60,
Florida Administrative Code; and
WHEREAS, the fire marshal, or his or her designee, is responsible for issuing permits,
certificates, notices, approvals and/or orders pertaining to life safety, fire control and fire
hazards; and
WHEREAS, under section 208.11 of the Code, unless otherwise provided by law, annual
fire safety inspections are required to be conducted by qualified inspectors of all buildings
specified in the Florida Fire Prevention Code under the emergency services district jurisdiction;
and
WHEREAS,the City of Sebastian City Council has adopted an ordinance establishing an
independent City Fire Marshal's Office that would have the same responsibilities as that of the
Indian River County Fire Marshal's Office; 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;
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.
F.L4ttorneylL ndalGENERALIResolesions&OrdinancesResolunonsChayter 164 Fin Marshal Resoludon.doc Page 1 of 2
RESOLUTION NO. 2019- 010
2. It is the intention of the Indian River County Board of County Commissioners to
initiate the conflict resolution procedures provided by the Florida Governmental Conflict
Resolution Act, Chapter 164, Florida Statutes, prior to initiating court proceedings to resolve the
conflict.
3. The issue of conflict is with the City of Sebastian with respect to the City's Fire
Marshal's Office.
4. 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 City
of Sebastian City Manager, Paul Carlisle 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 City of Fellsmere.
The foregoing resolution was moved for adoption by Commissioner Flescher , and
seconded by Commissioner 0'Bryan , and, upon being put to a vote, the vote was as
follows:
Chairman Bob Solari AYE
Vice Chairman Susan Adams NAY
Commissioner Joseph E. Flescher AYE
Commissioner Tim Zorc AYE
Commissioner Peter D. O'Bryan AYE
The Chairman thereupon declared the resolution duly passed and adopted this 5th day of
February, 2019.
ATTEST: Jeffrey R. Smith, Clerk of Court BOARD OF COUNTY COMMISSIONERS.......,
and Comptroller ..OF INDIAN RIVER COUNTY, FLO s ,.;•..
•• ••& . ,
By: Wim"' J a1/1).4) By: - '-�� _ O�..I� - ' • •
Deputy Clerk Bob Solari, Chairman ��
Approved as to form and legal sufficiency:
By:
i ylan Reingold, County Attorney
F.'UttorneylLindalGENFRALlResolutions&Ordinances Resolutions Chapter 161 Fire:lfarshal Resolution.Aoc Page 2 of 2