HomeMy WebLinkAbout2019-075 RESOLUTION NO. 2019-075
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 GRAVES BROTHERS COMPANY
VOLUNTARY ANNEXATION; 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, the City Council of the City of Sebastian approved the annexation of
approximately 1,116 acres of property located south of County Road 510 as requested by the
Graves Brothers Company; and
WHEREAS, as part of the annexation, the City Council approved an annexation
agreement with the Graves Brothers Company; and
WHEREAS, the voluntary annexation agreement contains provisions that appear to be in
conflict with the Interlocal Agreement Providing for the Transfer of the City of Sebastian Water
and Wastewater System between the City of Sebastian and Indian River County, dated
September 20, 1995; and
WHEREAS, additionally it is uncertain as to whether the annexed property meets the
contiguous and compactness requirements of section 171.044, Florida Statutes; 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.
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.
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RESOLUTION NO. 2019- 075
3. The issue of conflict is with the City of Sebastian with respect to the annexation
of approximately 1,116 acres located south of County Road 510 as requested by the Graves
Brothers Company and the annexation agreement affiliated with the annexation.
4. Pursuant to Section 164.1052, Florida Statutes, the Indian River County Board of
County Commissioners requests that the County Attorney's Office send a letter and a certified
copy of this resolution to the 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 and resolution 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 AYE
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 17 day of
September, 2019.
ATTEST: Jeffrey R. Smith, Clerk of Court BOARD OF COUNTY OMMISSIONE$ CO.Fis°
and Comptroller OF INDIAN RIVER COUNTY,FLO> A
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By. ^\ ��� 1 �'.�
(U/41)
Bob Solari, Chairman ti E oma;
e ut
P Y Clerk '••.`FR coui��.•� .
Approved as to form and legal sufficiency:
By: ,4100 ,
Dylan Reingold, County Attorney
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