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unpaid balance of approximately $12,500 for hydrant inspection fees, and miscellaneous <br />additional fees, bringing the assessment against the County to around $25,000. Attorney Collins <br />explained that the Special Master did not decide the issue of constitutionality in his ruling, and <br />believed if the matter was appealed to Circuit Court, said matter would be addressed, and the <br />County would have a strong argument. He thereafter requested authorization to file the appeal. <br />MOTION WAS MADE by Commissioner Wheeler, <br />SECONDED by Commissioner Flescher, to authorize the <br />County Attorney to appeal to the Circuit Court, the City of <br />Fellsmere Code Enforcement Special Master's ruling that <br />the County must remit to the City of Fellsmere the unpaid <br />balance of the Annual Fire Protection Charge for fire <br />hydrant maintenance. <br />Chairman Davis asked whether it would be best to pay the outstanding fee before <br />proceeding with the matter of the Fellsmere Ordinance's constitutionality, and Attorney Collins <br />stated there was no benefit to paying the fee right now. <br />The Chairman CALLED THE QUESTION, and by a 4-0 <br />vote (Vice Chairman Solari absent) the Board authorized <br />the County Attorney to appeal to the Circuit Court, the <br />City of Fellsmere's Code Enforcement Special Master's <br />ruling that the County must remit to the City of Fellsmere <br />the unpaid balance of the Annual Fire Protection Charge <br />for fire hydrant maintenance. <br />14. COMMISSIONER ITEMS <br />15 <br />December 8, 2009 <br />