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Hernando County Board of County Commissioners

Regular Meeting ~ Minutes ~ April 13, 2010

CALL TO ORDER
The meeting was called to order at 9 a.m. on Tuesday, April 13, 2010, in the John Law Ayers Room, Government Center, Brooksville, Florida. Attendee Name John C. Druzbick Rose Rocco James E. Adkins David D. Russell Jr. Jeff Stabins Brenda Frazier James Gantt Susan Goebel David Hamilton Geoffrey Kirk Cheryl Marsden Erica Moore Michael Nickerson Ronald Pianta Jean Rags Don Silvernell Joseph Stapf George Zoettlein Sherry Crum Jenine Wimer Invocation Pledge of Allegiance Title Chairman Vice Chairman Second Vice Chairman Commissioner Commissioner Community Relations Coordinator Purchasing and Contracts Director Interim Public Works Director/County Engineer County Administrator Assistant County Attorney Human Resources Director Assistant County Attorney Hernando County Fire Rescue District Director Planning Director Health and Human Services Director Airport Director Utilities Director Budget and Administrative Services Director Secretary Secretary Status Present Present Present Present Present Present Present Present Present Present Present Present Present Present Present Present Present Present Present Present

AGENDA
County Administrator David Hamilton added an item to discuss the ongoing issues related to Jail operations, under Sheriff Richard Nugent. He added to Correspondence to Note a public records request from Corrections Corporation of America regarding Jail operation costs and a letter and petition from citizens of Rainbow Hills Estates concerning nuisance dogs owned by one of their neighbors.
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Regular Meeting Motion To approve with said changes. RESULT: MOVER: SECONDER: AYES: .

Minutes

April 13, 2010

ADOPTED [UNANIMOUS] James E. Adkins, Second Vice Chairman Rose Rocco, Vice Chairman Druzbick, Rocco, Adkins, Russell Jr., Stabins

PRESENTATION OF RESOLUTIONS
Resolution Proclaiming April 2010, as Childrens Month and April 17, 2010, as Childrens Day . Comm. Rocco read aloud the proposed Resolution. Motion To adopt Resolution No. 2010-39. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Rose Rocco, Vice Chairman James E. Adkins, Second Vice Chairman Druzbick, Rocco, Adkins, Russell Jr., Stabins

. Mrs. Noreen St. Jean was present to accept the Resolution and expressed appreciation to the Board. . Resolution Proclaiming April 2010 as Firefighter Appreciation Month . Comm. Adkins read aloud the proposed Resolution. Motion To adopt Resolution No. 2010-40. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] James E. Adkins, Second Vice Chairman Jeff Stabins, Commissioner Druzbick, Rocco, Adkins, Russell Jr., Stabins

Ms. Sherry Yagovane, Muscular Dystrophy Association Executive Director, and Mr. Gabe Croft, Hernando County Fire Rescue District Firefighter/Paramedic were present to accept the Resolution and thanked the Board. Resolution Welcoming Carson and Barnes Circus on May 15 and 16, 2010 . Comm. Stabins read aloud the proposed Resolution.
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Regular Meeting Motion To adopt Resolution No. 2010-41. RESULT: MOVER: SECONDER: AYES:

Minutes

April 13, 2010

ADOPTED [UNANIMOUS] Jeff Stabins, Commissioner David D. Russell Jr., Commissioner Druzbick, Rocco, Adkins, Russell Jr., Stabins

Mr. Al Johnson, Ms. Pat Herrmann, Ms. Mary Ann Ryan, Mr. Scott Edmisten, Mr. Curt Christie and Mr. Ray Herrmann were present and accepted the Resolution on behalf of the Kiwanis Club of the Nature Coast and thanked the Board. . Resolution Proclaiming April 18, 2010, Through April 24, 2010, as Volunteer Week . Comm. Russell read aloud the proposed Resolution. Motion To adopt Resolution No. 2010-42. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] David D. Russell Jr., Commissioner Rose Rocco, Vice Chairman Druzbick, Rocco, Adkins, Russell Jr., Stabins

Dr. J. Stacy Strickland, Cooperative Extension Services Director, was present along with several volunteers, to accept the Resolution and he expressed gratitude to the Board. Sheriffs Office Lieutenant Robert Powers expressed appreciation to the volunteers for their effort and dedication in providing support to the Sheriff's Office and the community at large. Community Relations Coordinator Brenda Frazier applauded the more than 1,000 volunteers affiliated with Hernando County government. Video Production Manager Rick Foti expressed appreciation to the volunteers who worked directly with him and without whom he could not provide the current level of service. .

CITIZENS COMMENTS
The following citizens commented on various topics/issues during this portion of the meeting: Attorney Todd Pressman, representing residents of Holiday Springs Travel Park; Mr. Charlie McEvily; Ms. Susan Wysong; Mr. Michael Burmann; Mr. Juni Vosen; Ms. Nancy Sellers; and Mr. Clyde Day.

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BOARD/STAFF RESPONSES
The Board and/or staff responded to the comments expressed. Comm. Stabins stated that he would meet with Ms. Wysong at a later time to address her concern, which was private in nature. The Board requested that Comm. Rocco meet with Planning Director Ronald Pianta and Mr. Todd Pressman concerning the possibility of the exclusion of auto care uses in the Springs Protection Ordinance, after which Mr. Pianta would relay information to the neighborhood representatives and seek Board authorization to advertise the required public hearings. Chairman Druzbick requested that the issue be brought forward on May 11, 2010.

CONSENT AGENDA
Appointment of Marilyn Pearson-Adams to Pasco Hernando Workforce Board of Directors. . Final Plat Approval for Triple B Office Park . Interim Disposal Special Assessment Lien for George and Janell Dunn. . Satisfaction of Interim Disposal Special Assessment Lien for Jorge Terriquez. . Code Enforcement Special Master Lien Satisfactions Filed for Roxanne Romeo. .. End of Maintenance Period for Sterling Hill, Phase 3, Unit 1 .. Resolution Seeking to Safeguard Floridas Continuance as Essential Component of National Space Program .. Resolution Recognizing Top 35 Graduating Seniors From Hernando County High Schools for Academic Achievements .. Notice of Property Placed on List of Lands Available for Taxes and Available for Purchase by County Application for Revenue Sharing for State FY 2010-11 . Disbursements and Payroll for Week Ending March 19, 2010 .. Disbursements and Payroll for Week Ending March 2, 2010 . Minutes for Regular Meeting of March 23, 2010 Motion To approve.
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Regular Meeting RESULT: MOVER: SECONDER: AYES:

Minutes ADOPTED [UNANIMOUS] Jeff Stabins, Commissioner Rose Rocco, Vice Chairman Druzbick, Rocco, Adkins, Russell Jr., Stabins

April 13, 2010

CORRESPONDENCE TO NOTE
Transmittal of Report From Department of Community Affairs Outlining Findings Relative to Comprehensive Plan Amendment CPAM-07-03 . Comm. Rocco announced that the Withlacoochee Regional Planning Council would address the requested Comprehensive Plan Amendment at a public meeting scheduled for April 15, 2010. . Transmittal of Report From Department of Community Affairs Outlining Findings Relative to Comprehensive Plan Amendment CPAM-09-04 . Transmittal of Escambia County Housing Finance Authority Homeownership Program Brochures .. Purchasing Card Operations Review, Follow-Up 2 Management Letter From Clerk of Circuit Court Audit Services Director . In response to a question posed by Comm. Russell concerning purchasing card operations, County Administrator David Hamilton indicated that the staff was working on an implementation strategy and would bring recommended changes to the Board at a later date. . Notification From City of Brooksville of Annexation of Property . Notice of Return of Overbid Surplus Funds Requested by Raphael Tanghe. . Letter From Jonathan C. Browning Requesting Time on Board Agenda to Discuss Treatment of Inmates at Hernando County Jail .. Transmittal of Financial Audit for City of Brooksville for FY Ended September 30, 2009 . Request From Corrections Corporation of America for Budget and Projected Cost Information Related to Operation of Jail by Sheriffs Office . Letter from Concerned Citizens of Rainbow Hills Estates Subdivision Regarding Nuisance Dogs ..

PUBLIC HEARINGS
Proofs of publication of Notices of Public Hearing were noted for the scheduled public
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Regular Meeting hearings. Ex Parte Communications

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April 13, 2010

Chairman Druzbick and Comms. Adkins, Rocco, Russell and Stabins announced that they had had no ex parte communications concerning the quasi-judicial petitions being considered at this meeting. Adoption of Informational Packet The Agenda packet that was submitted to the Board included written information regarding all cases to be considered which needed to be accepted into evidence for the hearings. The staff recommended that the Board accept the Agenda packet, including the staff reports, into evidence as if read aloud in their entirety. Motion So moved. RESULT: MOVER: SECONDER: AYES: . ADOPTED [UNANIMOUS] Rose Rocco, Vice Chairman Jeff Stabins, Commissioner Druzbick, Rocco, Adkins, Russell Jr., Stabins

PLANNING DIRECTOR RONALD PIANTA


Rezoning Petition Submitted Commissioners . There was no public input. by Hernando County Board of County

Motion To approve the staff recommendation (Resolution No. 2010-45). . RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] David D. Russell Jr., Commissioner Rose Rocco, Vice Chairman Druzbick, Rocco, Adkins, Russell Jr., Stabins

. Rezoning Petition Submitted by Joseph Roberts . There was no public input. Motion To approve (Resolution No. 2010-46). .
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Regular Meeting RESULT: MOVER: SECONDER: AYES:

Minutes ADOPTED [UNANIMOUS] Rose Rocco, Vice Chairman James E. Adkins, Second Vice Chairman Druzbick, Rocco, Adkins, Russell Jr., Stabins

April 13, 2010

Comm. Adkins temporarily left the meeting. . Rezoning Petition Submitted by James McLamb Mr. Buddy Selph, with Tommie Dawson Realty, representing the applicant, under oath, reviewed an aerial tour of the subject property and surrounding areas as he discussed the request. He submitted surveys responded to by residents of Wiscon Road demonstrating that the majority of the property owners supported the rezoning. He asked that the Board approve the application. Mr. Genaro Lasanta, under oath, was not opposed to the applicant expanding his business; however, he questioned the location considering that the majority of the existing businesses were located at either end of Wiscon Road. He commented on the dangerous traffic conditions on Wiscon Road. He expressed concern that the proposed noise buffer was not sufficient, noting the fluctuating hours of operation of the business, unlike the other businesses in the area that had specific hours of operation. Mr. Frank McDowell, III, under oath, spoke in favor of the petition and asked the Board to support the small business community and approve the request. Mr. James McLamb, under oath, stated that he desired to expand his business to build an indoor storage facility and to create jobs. He believed that the existing fencing and opacity provided appropriate buffering. Comm. Russell questioned if Mr. McLamb would be amenable to certain restrictions on the hours of operation, within reason. Mr. McLamb replied affirmatively. He stated that he desired to operate his business from 9 a.m. to 5 p.m., Monday through Friday, and from 9 a.m. to 2 p.m. on Saturday. Motion To approve the rezoning. Comm. Russell inquired if the Motion included the stipulated hours. Amended Motion Comm. Rocco agreed.

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Regular Meeting RESULT: MOVER: SECONDER: AYES:

Minutes ADOPTED [UNANIMOUS] Rose Rocco, Vice Chairman David D. Russell Jr., Commissioner Druzbick, Rocco, Adkins, Russell Jr., Stabins

April 13, 2010

Mr. Pianta stated that the staff would submit a Resolution for the Board's approval on April 27, 2010, which would include the hours of operation. .

RECESS/RECONVENE
The Board recessed at 10:25 a.m. and reconvened at 10:35 a.m.

SHERIFF RICHARD NUGENT


Budget Resolution Recognizing Edward Byrne Memorial Justice Assistance Grant Funds for Law Enforcement Technology Initiative . Motion To approve (Budget Resolution No. 2010-47). . RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] David D. Russell Jr., Commissioner Rose Rocco, Vice Chairman Druzbick, Rocco, Adkins, Russell Jr., Stabins

. Budget Resolution Recognizing Edward Byrne Memorial Justice Assistance Grant Funds for Fleet Replacement Program . Motion To approve (Budget Resolution No. 2010-48). . RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] David D. Russell Jr., Commissioner James E. Adkins, Second Vice Chairman Druzbick, Rocco, Adkins, Russell Jr., Stabins

. Update on Interlocal Agreement for Jail Operations . Sheriff Richard Nugent related that in conjunction with his offer to consider assuming responsibility for Jail operations he had toured and inspected the facility, in an effort to identify any potential safety or hidden facility issues that could affect the operation of or cost of operating the Jail. He stated that the tour revealed that the facility had deteriorated to the point that significant repairs and improvements were needed in the immediate future.
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Mr. Bill Kicklighter, Sheriffs Office Director of Information Services/E911 Coordinator, reviewed various photographs depicting the extensive deterioration of the Jail. Sheriff Nugent believed that the magnitude of the problem was too great for the County to consider a change in Jail oversight at this time; therefore, he respectfully withdrew his proposal to operate the Jail. He offered to help identify and prioritize improvements to the facility. He believed that the deterioration was due to poor design, poor construction and a lack of preventative maintenance by the County. Comm. Rocco understood that problems with water leaks existed and were being addressed when she first toured the facility approximately three years ago. She questioned how often the County conducted inspections and the reason the Board had not been provided with information in a more timely fashion so that repairs could be made prior to this, especially considering the cost to the County. Comm. Adkins believed that this was an issue of accountability. He suggested that the Board direct the staff to determine why this information had not been reported to the Board and why the Facilities Maintenance Division staff had not corrected some of the problems. In addition, he suggested, that for safety reasons the building be tested for sinkholes, in light of the reports of cracking. Chairman Druzbick stated that Building Official Joe Creech was researching the building plans and would make a recommendation. He expressed outrage, especially since the cost of repairs would be significantly higher than if these issues had been addressed at the onset. He noted that the reason for the delay in advising the Board of these issues was being researched. He asked the Board to allow the staff time to research this matter and to provide recommendations. Comm. Rocco suggested that the Risk Management Division staff tour the facility and ensure that the County was insured for this type of liability, taking into account the safety of the staff and the inmates, if it was determined that sinkholes were an issue. County Administrator David Hamilton conveyed that Purchasing and Contracts Director James Gantt was and had been directly responsible for the contract with Corrections Corporation of America (CCA). Mr. Gantt read Section 4 of the contract, Facility Use and Maintenance, with CCA, which outlined who was responsible for the ongoing care and upkeep of the facility. He reviewed the process of requesting and receiving notification from CCA of the major components that needed to be upgraded and repaired, noting that the staff budgeted for needed repairs when they were reported. He stated that since 2005, the County had expended $230,000 in repairs including a major roof replacement in 2005/2006. He advised that the leaks were addressed as needed. He expressed surprise at the condition of the facility considering that annual inspections of the facility and its operation were made by Florida Model Jail Standards inspectors. He remarked that CCA had not reported the existing problems to the extent they had just been revealed. He stated that the staff depended upon CCA to advise them when repairs were needed. He pointed out that the hallway noted for leaks was a temporary structure that would be torn down at such time as a proposed new facility was constructed, and in the interim
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the hallway was repaired to the best of their ability. He reported that he had arranged for an architect to review and make a recommendation concerning the inferior design the following week. He understood that the Building Division had reviewed and approved the design plans and each phase of construction. He took responsibility for rusty doors and missing locks. He stated that the Jail was operating within the existing budget constraints. Chairman Druzbick stated that he and Warden Russell Washburn agreed that both entities were responsible and that CCA could do a better job of reporting. He expressed concern that the staff had not been inside the Jail for ten years. He commented on the poor design of the new facility, which he believed was a contractor warranty or contractor guarantee issue, and questioned why the County had funded repairs that were under warranty. He believed that the necessary repairs would cost almost $3 million. He stated that he was not aware of any instance where CCA had denied the County access to the facility. He expressed surprise that the Jail had been certified in its present condition. Mr. Hamilton advised Mr. Gantt that an architect would not be consulted until a meeting was held to discuss future steps. He anticipated a report from the Department of Public Works regarding deficiencies that needed immediate attention, which would be brought to the Board. He stated that he had asked Budget and Administrative Services Director George Zoettlein to identify at least $1 million in existing funds to begin repairs. He took public exception to Mr. Gantt's unveiled assertion that this was not a County responsibility since most of the problems he had observed were, and the problems should not be indicated a derogatory reference to the management by CCA. He stated that consideration of CCA's request for a second perimeter fence, which Sheriff Nugent agreed was needed regardless of whether or not prisoners under Federal jurisdiction were housed at the Jail, would be brought to the Board on April 27, 2010, or May 11, 2010. He suggested that the Public Safety Committee, which convened annually under the direction of the Board Chairman, meet bi-monthly in an effort to work more closely together on all issues related to incarceration. He encouraged the Board to tour the Jail and invited them to join a tour of the Pasco County Jail, which he would arrange. Comm. Adkins agreed with Mr. Hamilton. He requested that the staff provide the Board with a copy of any and all Jail inspections conducted over the last few years, as well as any reports of problems that may have been made by the County employee who was stationed at the Jail. He suggested that consideration be given to providing inmates with ankle bracelet monitors to remove the risk of housing them at the Jail in its present condition. Mr. Tommy Alsup, Senior Director of Partnership Relations for CCA, stated that CCA had provided a substantial amount of resources in the past and were willing to provide the staff with any information they had available. Comm. Adkins clarified for Warden Washburn that his request was for copies of audits or inspections pertaining to the Jail, especially as it related to its condition, as well as any reports of discrepancies that CCA had submitted to the County.

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Warden Washburn commended all parties involved with exploring this issue, noting that the County staff and representatives of the Sheriff's Office had gathered all of the necessary information appropriately and professionally. He stated that as a means of improving communications, he was willing to meet monthly or quarterly with the Commissioners, individually or as a Board, and with Mr. Hamilton. He stated that CCA was not placing blame, but stressed that the facility needed to be brought to a level that was agreeable to all parties. Comm. Rocco temporarily left the meeting. .

BUDGET AND ADMINISTRATIVE SERVICES DIRECTOR GEORGE ZOETTLEIN


Terms for General Fund Loan for South Brooksville Street Lighting Municipal Service Benefit Unit . Motion To approve the staff recommendation. . RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [4 TO 0] James E. Adkins, Second Vice Chairman David D. Russell Jr., Commissioner Druzbick, Adkins, Russell Jr., Stabins Rocco

. Comm. Rocco returned to the meeting. Budget Resolution Reflecting Proper Accounting for 800 MHz Radio and Emergency 911 Systems . Motion To approve (Budget Resolution No. 2010-49). . RESULT: MOVER: SECONDER: AYES: . ADOPTED [UNANIMOUS] Rose Rocco, Vice Chairman James E. Adkins, Second Vice Chairman Druzbick, Rocco, Adkins, Russell Jr., Stabins

HEALTH AND HUMAN SERVICES DIRECTOR JEAN RAGS


Approved Vendor and Contractor Lists for Participation in Neighborhood Stabilization Program . In response to Comm. Rocco, Health and Human Services Director Jean Rags agreed to inquire if the vendors and contractors utilized the E-Verify Employment Verification Program.
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Regular Meeting Motion To approve the staff recommendation. . RESULT: MOVER: SECONDER: AYES:

Minutes

April 13, 2010

ADOPTED [UNANIMOUS] James E. Adkins, Second Vice Chairman Jeff Stabins, Commissioner Druzbick, Rocco, Adkins, Russell Jr., Stabins

. Amendment 1 to Contract With Guardian Community Resource Management, Inc., for Program Application, Management and Financial Services for Public Grant/Loan Funded Capital Projects and Affordable Housing. Motion To approve the staff recommendation. . RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] James E. Adkins, Second Vice Chairman David D. Russell Jr., Commissioner Druzbick, Rocco, Adkins, Russell Jr., Stabins

. Ranking of Proposals for Neighborhood Stabilization Program Very Low Income Rental Housing Program . Motion To approve the staff recommendation. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] David D. Russell Jr., Commissioner James E. Adkins, Second Vice Chairman Druzbick, Rocco, Adkins, Russell Jr., Stabins

In response to a request by Chairman Druzbick, Health and Human Services Director Jean Rags provided an update on the Neighborhood Stabilization Program. .

OFFICE OF BUSINESS DEVELOPMENT DIRECTOR MICHAEL McHUGH


Contract Airport Traffic Control Tower Operating Agreement With Federal Aviation Administration . Comm. Adkins questioned the possibility of delaying approval of the Contract Airport Traffic Control Tower Operating Agreement for 30 to 60 days to allow the Civil Air Patrol or some other group to analyze the air traffic volume at the Airport. He believed that activity at the Airport was limited and he expressed concern that it would fall below the Federal Aviation Authority's (FAA) required levels, possibly requiring the County to offset costs.
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Upon questioning by Comm. Adkins, Airport Director Donald Silvernell discussed the FAA's cost-to-benefit ratio requirements. He stated that he would present the statistics within the month to the Aviation Authority and to the Board. He stated that he was not opposed to a traffic count; however, the count would not be exact unless it was conducted 24 hours per day, 7 days per week for 365 days. Comm. Adkins asked that the staff collect figures that were justifiable and factual. Chairman Druzbick understood that the process used to produce the traffic counts met with FAA's approval. Mr. Silvernell agreed. Comm. Rocco was not concerned with approving the request, provided the information was approved by the FAA. Mr. Dave Lemmon and Mr. Donald Whiting, Aviation Authority members, expressed opposition to the request. Mr. Robert Morris, who was a pilot as well as attorney for American Aviation, a fixedbased operator at the Airport, spoke in favor of the request. Comm. Russell stated that he would support approving the agreement considering the benefits the Airport had derived from installing an Instrument Landing System and a fire station in terms of increased activity and air traffic, and the need to design and site an Air Traffic Control Tower in order to complete the Master Plan. Motion To approve the staff recommendation. Comm. Adkins questioned if an up-to-date accounting of the use of the Airport would be included. Mr. Silvernell stated that he had the figures from other Airports that conducted traffic counts; however, the Aviation Authority had declined to conduct a traffic count at the Airport. . RESULT: MOVER: SECONDER: AYES: NAYS: ADOPTED [4 TO 1] David D. Russell Jr., Commissioner Rose Rocco, Vice Chairman Druzbick, Rocco, Russell Jr., Stabins Adkins

. Task Order No. 5 to Clough Harbour & Associates, LLP, for Air Traffic Control Tower Siting and Design Project . Mr. Dave Lemmon, Aviation Authority member, recommended that this item be tabled until the staff could provide an accurate count validating the requirement for a tower that
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met with the Aviation Authority's approval, especially since the available funding was needed to maintain the Airport. Motion To approve the staff recommendation. . RESULT: MOVER: SECONDER: AYES: NAYS: ADOPTED [4 TO 1] David D. Russell Jr., Commissioner Jeff Stabins, Commissioner Druzbick, Rocco, Russell Jr., Stabins Adkins

. Annual License Agreements With Various Organizations for Use of Airport Property . Motion To approve the staff recommendation. . RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] James E. Adkins, Second Vice Chairman Rose Rocco, Vice Chairman Druzbick, Rocco, Adkins, Russell Jr., Stabins

. Land Lease of Airport Property for Agricultural Use With Laurie Timm and John Macomber . Motion To approve the staff recommendation. . RESULT: MOVER: SECONDER: AYES: . ADOPTED [UNANIMOUS] Rose Rocco, Vice Chairman James E. Adkins, Second Vice Chairman Druzbick, Rocco, Adkins, Russell Jr., Stabins

UTILITIES DIRECTOR JOSEPH STAPF


Perpetual Utility Easement From HDC Commercial, LLC, for Connection of Landfill Force Main to Seville Force Main . Motion To approve the staff recommendation. .

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Regular Meeting RESULT: MOVER: SECONDER: AYES:

Minutes ADOPTED [UNANIMOUS] Rose Rocco, Vice Chairman David D. Russell Jr., Commissioner Druzbick, Rocco, Adkins, Russell Jr., Stabins

April 13, 2010

. Renewal of Contract for Miscellaneous Professional Hydrogeologic Services With Leggette, Brashears & Graham, Inc. . Motion To approve the staff recommendation. . RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Rose Rocco, Vice Chairman Jeff Stabins, Commissioner Druzbick, Rocco, Adkins, Russell Jr., Stabins

. Renewal of Contract With Sunstate Meter & Supply, Inc., for Radio Read Water Meters . Utilities Director Joseph Stapf responded to a query by Comm. Russell concerning the number of full-time equivalent employees required once the project was completed. County Administrator David Hamilton stated that he had asked the staff to proceed aggressively with this project largely due to the overhead costs. Mr. Stapf responded to a query by Comm. Adkins concerning the potential for future discussions with electric companies regarding the possibility of contracting with them for simultaneous meter reading. Motion To approve the staff recommendation. . RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] David D. Russell Jr., Commissioner Rose Rocco, Vice Chairman Druzbick, Rocco, Adkins, Russell Jr., Stabins

. Letter of Intent to Meet Conditions and Request for Obligation of Funds Associated With US Department of Agriculture/Rural Development Funding for Northwest Hernando Solid Waste Facility Expansion . Motion To approve the staff recommendation. .
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Regular Meeting RESULT: MOVER: SECONDER: AYES: .

Minutes ADOPTED [UNANIMOUS] Rose Rocco, Vice Chairman David D. Russell Jr., Commissioner Druzbick, Rocco, Adkins, Russell Jr., Stabins

April 13, 2010

RECESS/RECONVENE
The Board recessed for lunch at 12:15 p.m. and reconvened at 12:50 p.m.

HERNANDO NICKERSON

COUNTY

FIRE

RESCUE

DISTRICT

DIRECTOR

MICHAEL

Interlocal Agreement With Sumter County for Fire Mutual Aid . Upon a query by Comm. Adkins, Hernando County Fire Rescue District Director Michael Nickerson stated that the level of service would not change. Motion To approve the staff recommendation. . RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Rose Rocco, Vice Chairman Jeff Stabins, Commissioner Druzbick, Rocco, Adkins, Russell Jr., Stabins

. Issuance of Request for Proposals for Fire Department Medical Director Services . Motion To approve. . RESULT: MOVER: SECONDER: AYES: . ADOPTED [UNANIMOUS] James E. Adkins, Second Vice Chairman Rose Rocco, Vice Chairman Druzbick, Rocco, Adkins, Russell Jr., Stabins

PLANNING DIRECTOR RONALD PIANTA


Award of Contract to Thunder Bay Enterprises for Supply of White Concrete Sand for Parks Division . Motion To approve the staff recommendation.

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In response to Comm. Adkins, Planning Director Ronald Pianta clarified that the white concrete sand was necessary to meet current maintenance operations, on an asneeded basis, which would be purchased judiciously. He stated that sand from the Hernando Beach Channel Dredging Project would be used if it met the required specifications. . RESULT: MOVER: SECONDER: AYES: . ADOPTED [UNANIMOUS] Rose Rocco, Vice Chairman David D. Russell Jr., Commissioner Druzbick, Rocco, Adkins, Russell Jr., Stabins

HUMAN RESOURCES DIRECTOR CHERYL MARSDEN


Discussion of Paid Time Off Policy Regarding Payout Upon Employee Termination . Human Resource Director Cheryl Marsden provided an update on the staff's efforts to comply with the Board's request to review the Paid Time Off (PTO) Policy relative to withholding PTO when an employee was terminated. She stated that following receipt of a legal opinion, she would submit policy revision options for the Board's consideration. . .

COUNTY ATTORNEY GARTH COLLER


Hernando Beach Channel Dredging Project Delays Due to Turbidity Concerns Mr. Todd Stockberger, Senior Vice President of Halcrow, Inc., and Attorney George Spofford, representing Halcrow, provided a detailed presentation in response to the presentation made to the Board on April 9, 2010, by Orion Dredging Services, LLC (ODS), in regard to the Hernando Beach Channel Dredging Project (HBCDP) and associated issues resulting from an order by the Department of Environmental Protection (DEP) for the HBCDP to be stopped due to turbidity concerns. Mr. Steve Barton felt that Halcrow had some responsibility as they were not specific when designing the project. Mr. Stockberger clarified that Halcrow made it a practice not to specify means and methods, because once that occurred, they took responsibility for them. He stated that use of "Del Tank" did not refer to a specific unit; rather, it referred to a variety of pieces of equipment that were mixed and matched to achieve the desired outcome. Mr. Peter Buchler, ODS Executive Vice President and General Counsel, recalled that calculations regarding the turbidity level had previously been requested of Halcrow, but were not presented. He refuted several comments that Mr. Stockberger made during his presentation. He stressed that ODS was prohibited from deviating from the permit and the contract specifications.

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Mr. Buchler provided a presentation to review excerpts from a letter from Del Tank & Filtration Systems and a diagram of the Filter Presses Footprint, and he discussed a portion of the issues he wished to present involved with identifying a solution. Chairman Druzbick interrupted Mr. Buchler's presentation to express concern that both Halcrow and ODS were claiming that they were not responsible for the problem. He felt the three parties should meet to identify a solution, and that a Commissioner could also participate in the meeting if necessary. He stated that he did not wish the outcome to be the first option listed under "Can the 3 parties agree on the best path forward?" as detailed in the ODS presentation, which was attempt action against Halcrow's error and omissions coverage and/or attempt action against ODS's surety bond. He desired that the outcome be the second option listed, which was that the three parties involved would agree upon and implement a path forward. Mr. Buchler contended that moving forward without determining which party was responsible for certain aspects of the project was so confusing that nothing beneficial would result. Chairman Druzbick did not believe the Board was prepared to issue an opinion as to which party was responsible. He stated that he was not ready to make that decision as there were numerous legal issues involved. Comm. Rocco felt that both parties had valid points, but there were serious questions that needed to be addressed. She did not want this matter to involve legal action, but acknowledged that it was possible if a resolution was not reached. In response to questioning by Comm. Russell, Interim Public Works Director/County Engineer Susan Goebel asserted that a collaborative effort was needed among Halcrow, ODS and the County to keep the project moving forward. She noted that DEP had imposed a deadline of April 30, 2010, to provide a response regarding the turbidity concerns, which she felt could be met if the parties cooperated. She displayed and reviewed a list of three items that Halcrow had previously agreed to perform, as well as 10 items that ODS had agreed to perform. She summarized a list of "Joint Effort" items to be handled by both ODS and Halcrow, as well as a list of "Undeclared Efforts" which were issues still to be addressed. She stressed that she did not mean that responsibility was being accepted by any party, as the dispute process could continue; however, the County needed to prepare a response to submit to DEP. County Administrator David Hamilton recommended that agreement be obtained at this time from the two entities that they would work toward resolving the issues so the County could submit its response to DEP within the April 30 deadline. He suggested that while the parties worked to meet the deadline, change order demands that each entity believed were legitimate could be simultaneously discussed and reviewed by the County Attorney's Office. He continued that the change orders would be presented to the Board for consideration on April 27, 2010. Chairman Druzbick inquired if Halcrow and ODS were willing to take this approach. Mr. Stockberger confirmed Halcrow's commitment to the County.
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Minutes

April 13, 2010

Mr. Buchler pointed out that ODS was currently operating under a Notice to Cure letter issued by the County. He requested that the Board either place a similar demand upon Halcrow or revoke the Notice during the period of cooperation. Comm. Russell suggested that, in the interest of proceeding, the Board hold the Notice in abeyance for that period of time. Assistant County Attorney Geoffrey Kirk confirmed that the Board could hold the Notice in abeyance and re-issue the letter at a later date as appropriate. Mr. Buchler reiterated that ODS desired that the Notice be revoked. Mr. Kirk remarked that in the spirit of cooperation, he saw no problem with rescinding the Notice without prejudice, as it could be re-issued in the future as needed. Motion So moved. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] James E. Adkins, Second Vice Chairman Rose Rocco, Vice Chairman Druzbick, Rocco, Adkins, Russell Jr., Stabins

Mr. Buchler stated that ODS would cooperate, but wished to make it clear that they were not responsible for design or the permit. Mr. Hamilton remarked that he was not sure the message was made clear. He did not feel the contractor was in the position to make demands on the County. He stated that ODS worked for the County and the County desired that ODS work in a spirit of cooperation. Mr. Buchler conveyed that ODS was not prepared to move forward if the Board expected ODS to admit they were responsible for the design and permit. Chairman Druzbick emphasized that the Board had not requested that ODS make an admission; rather, that ODS work through the issues in regard to the response to DEP. Mr. Buchler indicated that he wished to re-phrase his comment that by moving forward, ODS was not admitting any responsibility for design or permit obligations. Mr. Kirk clarified that the matter was moving forward without any party admitting or denying any liability whatsoever. .

RECESS/RECONVENE
The Board recessed at 2:50 p.m. and reconvened at 3:05 p.m.

Board of County Commissioners

Page 19

Hernando County

Regular Meeting

Minutes

April 13, 2010

INTERIM PUBLIC WORKS DIRECTOR/COUNTY ENGINEER SUSAN GOEBEL


Supplemental Agreements to Local Agency Program Agreements With Department of Transportation for American Recovery and Reinvestment Act Funding for Wiscon Road, Spring Hill Drive and Spring Lake Highway Improvement Projects/Award of Bids for Wiscon Road, Spring Hill Drive and Spring Lake Highway Improvement Projects . Motion To approve (Agenda) Item Nos. 1, 5, 6 and 7 (Resolution No. 2010-51 and Budget Resolution No. 2010-52). . RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Jeff Stabins, Commissioner David D. Russell Jr., Commissioner Druzbick, Rocco, Adkins, Russell Jr., Stabins

. Award of Bid to Lyric Services, Inc., for Barnett Road Drainage Improvements Project. Motion To approve. . RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Jeff Stabins, Commissioner Rose Rocco, Vice Chairman Druzbick, Rocco, Adkins, Russell Jr., Stabins

. Task Order to Cardno/TBE for Provision of Civil Engineering Services to Department of Public Works . Motion To approve. . RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] James E. Adkins, Second Vice Chairman Jeff Stabins, Commissioner Druzbick, Rocco, Adkins, Russell Jr., Stabins

. Task Orders to Coastal Design Consultants, Inc., and Cardno/TBE for Traffic Engineering Services for US 41/Croom Road Project and Springstead High School Student Crossing Project . Motion To approve.
Board of County Commissioners Page 20 Hernando County

Regular Meeting . RESULT: MOVER: SECONDER: AYES:

Minutes

April 13, 2010

ADOPTED [UNANIMOUS] James E. Adkins, Second Vice Chairman David D. Russell Jr., Commissioner Druzbick, Rocco, Adkins, Russell Jr., Stabins

. Authorization for Interim Public Works Director/County Engineer to Execute Southwest Florida Water Management District Environmental Resource Permit Applications . Motion To approve. . RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] James E. Adkins, Second Vice Chairman Jeff Stabins, Commissioner Druzbick, Rocco, Adkins, Russell Jr., Stabins

. Plan for Relocation of Private Road Off Wildlife Lane Due to Closure by Property Owner . Interim Public Works Director/County Engineer Susan Goebel displayed a photograph of a private roadway at the east end of Wildlife Lane that had been closed by the property owner, as she discussed the plan to relocate the existing road to an adjacent 15' reservation strip in order to provide access to residents who previously relied on the private roadway. .

BOARD OF COUNTY COMMISSIONERS


Commissioner Jeff Stabins Comm. Stabins had no issues to address. Commissioner David Russell, Jr. Comm. Russell waived his time. Commissioner Rose Rocco Comm. Rocco had no topics to discuss. Commissioner James Adkins Comm. Adkins had no items to report.

Board of County Commissioners

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Hernando County

Regular Meeting Chairman John C. Druzbick Chairman Druzbick waived his time.

Minutes

April 13, 2010

County Administrator David Hamilton Mr. Hamilton had no items to discuss. County Attorney Garth Coller Assistant County Attorney Erica Moore indicated that the County Attorney's Office had no items to report.

ADJOURNMENT
The meeting was adjourned at 3:15 p.m.

Board of County Commissioners

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Hernando County

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