Loading...
HomeMy WebLinkAbout02/26/2019CONFLICT ASSESSMENT MEETING 1. 2. INTRODUCTION BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA TUESDAY, FEBRUARY 26, 2019 — 2:00 P.M. Conference Room A2-230 Indian River County Administration Complex 18012711 Street, Building A Vero Beach, Florida, 32960-3388 www.iregov.com County Attorney Dylan Reingold stated that this was the first meeting under the Florida Governmental Conflict Resolution Act with Indian River County and the City of Sebastian concerning Fire Marshal'Service. He added that per the Florida Statutes, the meeting was to discuss the issues pertaining to the conflict, and the assessment of the conflict from the perspective of each governmental entity involved. Attorney Reingold introduced those in attendance. For the County was County Attorney Dylan Reingold, County Administrator Jason Brown, and Emergency Services Director Tad Stone. Present from the City of Sebastian was City Manager Paul Carlisle, City Attorney Jim Stokes, and Director/Building Official Wayne Eseltine. Also in attendance was City Manager of Fellsmere, Jason Nunemaker. INDIAN RIVER COUNTY PERSPECTIVE County Administrator Jason Brown provided the County's perspective stating that in the year 2018, the City of Sebastian (the City) established an independent City Fire Marshal Office mirroring the responsibilities of the County's Fire Marshal. He referred to Section 633.118 of the Florida Statutes (F.S.), Persons authorized to enforce laws and rules of State Fire Marshal. He pointed out that there are three types of entities authorized to enforce the laws and rules of the State Fire Marshal: 1) Chiefs of County, Municipal, and Special District fire service providers; 2) other fire service providers personnel designated by the respective chiefs; and 3) personnel designated by local governments having no organized fire service provider. He explained that the City is part of the Emergency Services District of the County and since the Emergency Services District operates as an organized fire service provider within the City, the City does not have the authority to exercise such powers. Administrator Jason Brown referred to Chapter 208 of the County Code which governs the Indian River County Emergency Services District and addressed the County's concerns. He Conflict Assessment Meeting 1 February 26,2019 . pointed out that it was the County's position that the City could remain part of the Emergency Services District or create their own Fire Rescue system. He added that the Board of County Commissioners took this matter very seriously and that this was a life safety issue that impacts the County and City residents as well as the taxpayers, but noted that it had a particular impact on the County Fire Rescue employees. Administrator Jason Brown said the Dispute Resolution process was about attempting to resolve the issue amicably and that was his intent. In an offer to resolve the issue, he would recommend to the Board of County Commissioners, an Interlocal Agreement between the County and the City that would authorize the City to establish their own Fire Marshal office similar to the draft agreement with the City of Fellsmere. He gave an overview of the draft Interlocal Agreement between the County and the City of Fellsmere and additional parameters for the Interlocal Agreement with the City. 3. CITY OF SEBASTIAN PERSPECTIVE Sebastian City Manager Paul Carlisle wanted clarification if the City was to handle Special Events, with Administrator Jason Brown confirming and relaying that in the draft Interlocal Agreement, the City would handle any annual inspections of buildings and other ongoing inspections as well as be responsible for special events. City Manager Paul Carlisle said contingent upon the approval by the Sebastian City Council and the Board of County Commissioners, he. felt that there needed to be discussions on the language in Section 5. Indemnification, Hold Harmless portion of the draft Interlocal Agreement. He also wanted to incorporate that the City Fire Marshal would provide reports on inspections and violations annually to the County Fire Chief. 4. PUBLIC COMMENT Fellsmere City Manager Jason Nunemaker commented on a similar dispute between the County and the City of Fellsmere regarding the provision of firesafety plans review and installation inspection services. 5. GENERAL DISCUSSION A discussion ensued in regards to moving forward with the concept of the draft Interlocal Agreement and negotiations between the City and the County. County Attorney Dylan Reingold expressed his concern that any discussions going back and forth between the County and the City could be a potential sunshine law violation. He mentioned that under the Florida Statutes, the whole conflict resolution process should be open to the public; however, under the statute it also states if there is a tentative resolution, the parties may proceed with whatever steps they deemed appropriate to fully resolve the conflict. Conflict Assessment Meeting 2 February 26, 2019 6. CONCLUSION The next step would be to take it to the Sebastian City Council and the Board of County Commissioners for conceptual approval of the Interlocal Agreement and to terminate the Conflict Resolution Process and authorize the negotiation of the final terms. 7. ADJOURNMENT There being no further business, the meeting adjourned at 2:25 p.m. Conflict Assessment Meeting 3 February 26, 2019