HomeMy WebLinkAbout11/19/2013JEFFREY R. SMITH
Clerk to the Board
November 19, 2013
EMERGENCY SERVICES DISTRICT
MEETING MINUTES
The Board of Commissioners of the Emergency Services District met in Regular Session
at the County Commission Chambers, 1801 27th Street, Vero Beach, Florida, on Tuesday,
November 19, 2013. Present were Chairman Peter D. O'Bryan, Vice Chairman Wesley S.
Davis, and Commissioners Joseph E Flescher, Bob Solari, and Tim Zorc. Also present were
County Administrator Joseph A Baird, County Attorney Dylan Reingold, and Deputy Clerk
Maureen Gelfo.
Chairman O'Bryan called the meeting to order at 10:30 a.m.
(Clerk's Note: This item was heard following Item 9.B., and is placed here for continuity).
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1124.1. CITY OF FELLSMERE FIRE MARSHAL'S OFFICE
Director of Emergency Services John King recalled the August 20, 2013 Emergency
Services District (ESD) meeting, at which he addressed the Board with his concerns about the
City of Fellsmere (Fellsmere) establishing its own Fire Marshal's Office and conducting reviews
and inspections that should fall solely under the responsibility of the unified District. He stated
that in accordance with the ESD Board's directive, he and County Attorney Dylan Reingold had
engaged in negotiations with corresponding staffs in Fellsmere, but no agreement was reached.
He reiterated that his key concerns relate to who is legally responsible to administer the
statutorily required Fire Marshal duties within Fellsmere, and who would hold ultimate liability
if any mistakes of omission or commission occur. He requested that the Board approve the draft
Resolution requesting that Fellsmere cease its Fire Marshal operations within 30 days, and also
authorize the County Attorney to pursue the necessary legal remedies to maintain the
jurisdictional powers of the District.
Attorney Reingold provided his legal interpretation that under the Florida Statutes
633.118, the Fire Marshal's Office is the responsibility and authority of the ESD District. He
voiced support for Director King's appeal for the Board to approve the proposed Resolution
supporting the ESD District as the provider of said services.
City of Fellsmere Manager Jason Nunemaker provided background on the
establishment of Fellsmere's Fire Marshal's Office, emphasizing the elements of good faith that
the City has exercised through vanous negotiations with the ESD District. He stressed the
City's willingness to work things out cooperatively with the County, and advocated for the
creation of an interlocal agreement that would address Director King's concerns while allowing
Fellsmere to retain its Fire Marshal's Office.
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A lengthy discussion ensued as individual Commissioners expressed support for
continuing negotiations with Fellsmere.
Chairman O'Bryan suggested that it might be helpful to have a Fellsmere City Council
Member and a County Commissioner join in the discussions, if the ESD and Fellsmere staffs
reach an impasse.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Commissioner Flescher, to direct the
County Attorney and Emergency Services District staff to
continue negotiating the issues pertaining to the
Fellsmere's Fire Marshal's Office, in the hopes of
reaching an agreement satisfactory to both parties.
Director King was concerned that the Fire Marshal/Fire Chief are not always protected
by the sovereign immunity limits, and would be held personally liable should an error occur. He
also spoke of the need to clarify who would be the ultimate authority in a dispute (such as that
between a field inspector and plans reviewer), because under the current system, County Code
delegates final authority to the Director of Emergency Services; whereas Fellsmere Code gives
that power to the City Manager.
City of Fellsmere Mayor Susan Adams, affirmed that the County and Fellsmere would
be able to work out an agreement that would take care of the liability issues through further
negotiations.
Commissioner Flescher clarified that the elected officials would join in the discussions
only if an amenable decision is not reached between the two parties.
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Bob Johnson, Coral Wind Subdivision, noted that the ESD is a separate taxing district
and asked the Board to be mindful of the taxing aspect of this issue, as discussions continue.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
There being no further business, the Chairman declared the Emergency Services District
meeting adjourned at 10:52 a.m.
ATTEST:
Jeffrey R. Smith,
Clerk of the Circuit Court and Comptroller
I �
J
Peter D. O'Bryan, Chairman
(Clerk's Note: These minutes were signed by the current Chairman at the time of the Board's
approval).
Minutes Approved: MAR 11 2014
BCC/ESD/201 3 Minutes
November 19, 2013 4
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