HomeMy WebLinkAbout01/13/2015 (2)BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
REGULAR MEETING MINUTES
TUESDAY, JANUARY 13, 2015
County Commission Chamber
Indian River County Administration Complex
1801 27'11 Street, Building A
Vero Beach, Florida, 32960-3388
www.iregov.com
COUNTY COMMISSIONERS
Wesley S. Davis, Chairman
Bob Solari, Vice Chairman
Joseph E. Flescher
Peter D. O'Bryan
Tim Zorc
DISTRICT
District 1 Present
District 5 Present
District 2 Present
District 4 Present
District 3 Present
Joseph A. Baird, County Administrator
Dylan Rcingold, County Attorney
Jeffrey R. Smith, Clerk of the Circuit
Court and Comptroller
Maureen Gclfo, Deputy Clerk
Present
Present
Present
Present
DVD
TIMES
CALL TO ORDER 9:00 A.M.
2.
3.
4.
INVOCATION
PLEDGE OF ALLEGIANCE
Deputy Teddy Floyd, IRC Sheriff's Department
Commissioner Bob Solari
ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
9:01 Delete: 10.B.1. Request to Speak from Bill Rigby Regarding Robert's Rules of
a.m. Order and Procedures
ON MOTION by Commissioner O'Bryan, SECONDED by Chairman Davis, the
Board unanimously approved the agenda as amended.
PACKET
PAGES
Board of County Commission Meeting
January 13, 2015
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Page 1
5.
PROCLAMATIONS and PRESENTATIONS
):02 A. Presentation by Bob Solari, Indian River County Commissioner, District 5
a.m. Update on the Reorganization of the Indian River Lagoon National Estuary
Program
Vice Chairman Solari read a statement (copy on file) highlighting the
evolution of the Indian River Lagoon National Estuary Program (IRL-
NEP) reorganization process up through December 17, 2014, at which
time the IRL-NEP Advisory Board Members approved the proposed
IRL-NEP Interlocal Agreement (IA) between Volusia, Brevard, Indian
River, St. Lucie, and Martin counties; the Florida Department of
Environmental Protection (FDEP); the St. Johns River Water
Management District (SJRWMD); and the South Florida Water
Management District (SFWMD). Vice Chairman Solari disclosed that
he had opposed the agreement because of inadequate financial
information; unclear goals and objectives; reliance on a six-year old
Comprehensive Conservation and Management Plan (CCMP) as the
basis of the new program; and the fact that the proposed IRL-NEP
Interlocal Agreement was drafted by Carolyn Ansay, an attorney hired
by the SFWMD, with little input from the IRL-NEP subcommittee (the
"Design Group"). He also said that the IRL-NEP Advisory Group had
been non-responsive to his and others' concerns.
Director of Management and Budget Jason Brown and County Attorney
Dylan Reingold corroborated Vice Chairman Solari's views.
Vice Chairman Solari continued discussing his concerns about the IRL-
NEP, expressing alarm that they wish to ask for extensive funding, yet
there was no structure in place to account for the monies received and
dispensed, nor a clear plan for using the funding.
Discussion followed among the Board regarding the IRL-NEP Program.
Commissioner Flescher and Commissioner O'Bryan shared Vice
Chairman Solari's reservations. In addition, Commissioner O'Bryan
questioned language in the initial draft of the Interlocal Agreement
about the group's ability to incur debt, issue bonds, and charge rates.
Attorney Reingold stated that he did not think the IRL-NEP Group
would have the authority to issue bonds or levy taxes or charges, but
there was some ambiguity in the document.
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Chairman Davis elaborated on his conviction that the proposed
Interlocal Agreement would be detrimental to local control, and would
cause the County to lose its voice.
Vice Chairman Solari suggested two changes that might make the
proposed Interlocal Agreement more viable: (1) the addition of a
meaningful five-year sunset clause, and (2) limiting the voting parties to
elected representatives from the governing boards of the five counties
participating in the 1RL-NEP Program.
MOTION WAS MADE by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, to: (1) direct Vice Chairman Solari and
Attorney Dylan Reingold to draft a letter to the St. Johns River Water
Management District asking that the Interlocal Agreement for the
Indian River Lagoon National Estuary Program be amended to: (a)
include a five-year Sunset Provision with an analysis of the last five
years and plans for the upcoming five years, and (b) stipulate that
voting members will consist only of elected officials; the letter should
advise the St. Johns River Water Management District that upon
incorporation of these two changes into the Interlocal Agreement, the
Indian River Board of County Commissioners would reconsider the
proposed Indian River Lagoon National Estuary Program Interlocal
Agreement; and (2) to authorize the Chairman to execute the letter.
Jeffrey Smith, Clerk of Circuit Court and Comptroller, volunteered to
work with the Clerks in Volusia, Brevard, St. Lucie, and Martin
counties to obtain the financial information that Commissioner Solari is
seeking. He suggested that Management and Budget Director Jason
Brown also contact his counterparts in the above-mentioned counties.
MOTION WAS AMENDED, SECONDED by Commissioner Flescher,
to accept the Clerk of Circuit Court and Comptroller Jeffrey Smith's
offer to work with Management and Budget Director Jason Brown,
along with Clerks of Court and Budget Directors from Brevard, Martin,
St. Lucie, and Volusia Counties, to obtain meaningful financial
information on the reorganized Indian River Lagoon National Estuary
Program (IRLNEP).
The Chairman CALLED THE QUESTION, and the Amended Motion
carried unanimously.
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6.
7.
APPROVAL OF MINUTES
None
INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION PAGE
':54 A. Code Enforcement Board Vacancy
(memorandum dated January 5, 2015) 1-2
8.
B.
Noted for the record was the resignation, effective immediately,
of Aaron Bowles as the Engineer representative to the Code
Enforcement Board.
Proclamation and Retirement Award Honoring Richard Habeshian
on His Retirement from Indian River County Board of County
Commissioners Department of General Services/Sandridge Golf
Club With Thirteen Years of Service
-4
Noted for the record was the retirement of Richard Habeshian
from the Department of General Services/Sandridge Golf Club.
CONSENT AGENDA
':54 ON MOTION by Commissioner Flescher, SECONDED by Commissioner
L.m. O'Bryan, the Board unanimously approved the Consent Agenda as presented.
A. Approval of Warrants — December 19, 2014 to December 25, 2014
(memorandum dated December 24, 2014) 5-10
Approved the list of warrants (checks) and wires as supplied by
the Comptroller's office.
B. Approval ofWarrants — December 26, 2014 to December 31, 2014
(memorandum dated December 31, 2014) 11-16
C.
Approved the list of warrants (checks) and wires as supplied by
the Comptroller's office.
Resolutions Canceling Taxes on Properties Acquired by the City of
Fellsmere for the Benefit of the Municipal Water System
(memorandum dated January 5, 2015)
17-30
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D.
E.
F.
(1) Authorized the Chairman to execute the Resolutions and the
Clerk to send a certified copy of each Resolution to the Tax
Collector and Property Appraiser;
(2) approved Resolution 2015-005, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(1065 Lincoln Street, Fellsmere, FL; Lots 97 and 98, Block 3,
Hall, Carter & James Subdivision); and
(3) approved Resolution 2015-006, cancelling certain taxes
upon publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(1048 Booker Street, Fellsmere, FL; Lots 211 and 212, Block 9,
Hall, Carter & James Subdivision)
Out of County Travel to attend the National Conference on Beach
Preservation
(memorandum dated January 7, 2015) 31-34
Authorized Commissioners and staff to attend the 28th Annual
Annual
National Conference on Beach Preservation Technology in
Clearwater Beach, Florida, on February 4 through February 6,
2015.
Out of County Travel to attend the Florida's Research Coast
Legislative Conference
(memorandum dated January 7, 2015)
35-36
Approved out -of -County travel for Commissioners and staff to
attend the Florida's Research Coast Legislative Conference in
Tallahassee, Florida, on March 11 through 13, 2015.
Change Order No. 1 and Release of Retainage Oslo Road Phase 111
(58th Avenue to 431d Avenue) IRC Project No. 0517 Bid No.
2012036
(memorandum dated December 5, 2014)
37-51
Approved: (1) Change Order No. 1 to Timothy, Rose
Contracting, Inc., decreasing the contract total to
$3,731,200.19; and (2) Timothy Rose Contracting. Inc., Pay
Application No. 18 in the amount of 5186,560.01 for release of
retainage.
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9.
G.
H.
1.
J.
First Amendment to Agreement for Annual Operations of the
Biosolids Dewatering Facility, Sludge Dewatering, and Hauling
With Synagro South, LLC
(memorandum dated December 29, 2014)
52-55
Approved and authorized the Chairman to execute the
amended agreement with Synagro South, LLC.
Acceptance of the State Homeland Security Grant Program —
Emergency Management Sub -grant Agreement 15 -DS -P4 -10 -40-
01 -XXX
(memorandum dated January 5, 2015)
56-111
Approved the grant and the expenditures as directed in the
Federally Funded Subgrant Agreement (15 -DS -P4 -10 -40 -01 -
XXX), and authorized the Chairman to execute the agreement
between Indian River County Emergency Management and the
State of Florida, Division of Emergency Management.
Acceptance and Approval of Expenditures of the 2014/2015
Federally -Funded Community Emergency Response Team (CERT)
sub -grant # 15 -CI -XX -XX -XX -XX -XXX
(memorandum dated January 5, 2015)
112-161
(1) Accepted and approved of expenditures as directed in the
Federally Funded Sub -grant Agreements; and (2) authorized
staff to make any line -item adjustments which may occur after
execution of the contract (due to cost savings or reprioritization
by the Florida Department of Emergency Management), with
written approval from the State.
Out of County Travel to attend Joint Legislative Auditing
Committee Hearings
(memorandum dated January 7, 2015)
162
Approved out of County travel for Commissioners and staff to
attend the Joint Legislative Auditing Committee Hearings in
Tallahassee, Florida, when the Committee plans to discuss the
Florida Municipal Power Agency (FMPA) Audit.
CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
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10.
':55
PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Full Gospel Assembly Inc. of Vero Beach's Request for
Special Exception Use Approval for a Fellowship Hall
Addition
(memorandum dated December 24, 2014)
163-180
Quasi -Judicial
Proof of Publication of Advertisement for Hearing is on file
in the Office of the Clerk to the Board
The Commissioners, as requested by the Chairman,
disclosed that there had been no ex parte
communications, site visits, or independent
investigations. Commissioner Flescher added that he
had driven past the church site, and Commissioner
Zorc stated that he was familiar with the site. Each
Commissioner affirmed that he has an open mind and
is able to base his decision on the evidence presented
and the applicable law.
The Deputy Clerk administered the Oath to all persons
who wished to speak at the hearing.
Community Development Director Stan Boling,
through a PowerPoint Presentation, provided
background and analysis on the request of Full Gospel
Assembly Inc. of Vero Beach ("Full Gospel") for a
special exception use approval to add a fellowship hall
to their church on Old Dixie Highway. He recalled that
on September 25, 2014, after its review of the
application, the Planning and Zoning Commission
(P&Z) had recommended: (1) that the Board approve
Full Gospel's application with conditions defined by
staff; and (2) that staff meet with church
representatives and property owners who voiced
concerns about noise, traffic, and the aesthetic
appearance of the proposed addition. Director Boling
relayed that after said meeting on October 31, 2014,
Full Gospel made some minor changes to its sound
system, but the neighbors maintained their objections
to the fellowship hall. Concluding his presentation,
Director Boling confirmed that with the conditions
outlined in staff's report (page 169 of the agenda
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act:et). staff revornmends that the Rnard rant krIPCIAI
The Chairman opened the Public Hearing.
Kevin Crone, 209 1.3111 Place SW, expressed concerns
about vehicle parking, noise, and the frequency of
church gatherings. He played a videotape taken on
Saturday, November 29, 2014, to illustrate how many
people were driving home from the church at 10:30
p.m.
Randy Mosby, P.E., Project Engineer, disclosed that
Timothy Rose Construction has agreed to provide
overflow parking for church members at his site across
the street from Full Gospel.
Commissioner O'Bryan expressed concerns about the
safety of crossing the street and asked whether Full
Gospel would pay for a pedestrian crosswalk.
Director of Public Works Chris Mora estimated that a
pedestrian crosswalk and warning signs would cost less
than $500.00.
The following speakers also offered arguments in
opposition to the fellowship hall:
David Troska, 218 13th Place SW
Katherine Crowe, 209 13(11 Place SW
The following speakers offered arguments in support of
the fellowship hall:
Veronique Barlatier, Full Gospel Church Member
Joseph Paladin, President, Black Swan Consulting and
Entitlement Company
Jacques Louis, Deacon, Full Gospel Church
Fred Mensing, PO Box 964, Roseland
Spencer Simmons, 118 43"1 Avenue
Patricia Hunt
There were no additional speakers, and the Chairman
closed the Public Hearing.
Board Members asked staff for further information.
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner O'Bryan, to approve
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pedestrian crosswalk across Old Dixie Highway.
Commissioner O'Bryan explained the basis for his
support of the church's request. He opined that the
parking situation would improve because of the new
site plan.
Chairman Davis agreed with Commissioner O'Bryan
that the new site plan would help with parking issues,
and observed that the fellowship hall met the criteria
for a special exception use.
Discussion ensued about the noise ordinance for
commercial buildings.
The Chairman CALLED THE QUESTION and the
Board unanimously granted Special Exception Use
approval for the Full Gospel Assembly fellowship hall
addition with the following conditions:
(1) Prior to site plan release, the applicant shall obtain
release of all existing utility and drainage easements, as
shown on the project site plan.
(2) Prior to issuance of a certificate of occupancy
(C.O.), the applicant shall:
Install all required landscaping and buffer
improvements, as shown on the project
landscape plan;
Paint the addition to match the color of the
church building;
Plant additional foundation plantings
(shrubs) along the west (rear) facade, as
approved by planning staff;
Install a pedestrian crosswalk across Old
Dixie Highway
The Chairman called a recess at 11:33 a.m., and
reconvened the meeting at 11:50 a.m., with all members
present.
1:50 2. Repeal of Medical Marijuana Ordinance
.m.
(memorandum dated December 31, 2014) 181-194
Legislative
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•
County Attorney Dylan Reingold recounted that in
anticipation of a vote on Amendment 2 "Usc of
Marijuana for Certain Medical Conditions", the Board
on October 21, 2014, adopted Ordinance 2014-018
regarding Medical Marijuana regulations. Subsequent
to Amendment 2's failure to pass at the November 4,
2014 General Election, the Board on November 18,
2014, directed the County Attorney to draft legislation
(now before the Board) to repeal all of the medical
marijuana regulations that were enacted by the Board
as part of Ordinance 2014-018.
The Chairman opened the Public Hearing.
There were no speakers, and the Chairman closed the
Public Hearing.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Vice Chairman Solari, to adopt
Ordinance 2015-001, amending Chapter 315 of the code
of Indian River County entitled "Pain Management
Clinics, Controlled Substances and Medical
Marijuana" to repeal regulations and prohibitions of
certain activities relating to Medical Marijuana; and
providing for severability, codification and effective
date.
Discussion ensued wherein it was noted that Medical
Marijuana proponents are still trying to legalize the
drug, and that the Board and Sheriff need to make sure
the public is well educated about this issue.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously.
B. PUBLIC DISCUSSION ITEMS
(As a general rule, public discussion items should be limited to
matters on which the commission may take action.)
1. Request to Speak from. Bill Rigby Regarding Robert's
Rules of Order and Procedures
195
Deleted
1:52 2. Request to Speak from Fred Mensing Regarding Potential
Lm. Lawsuit against County and Others
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196
negotiations with him and Johnny Leon Davis, Jr.,
before he files his proposed lawsuit against the County.
No Board Action Required or Taken
2:00 3. Request to Speak from Patricia Hunt Regarding All
.m.
Aboard Florida Information and Public Records 197
Patricia Hunt, P.O. Box 442, relayed information about
the All Aboard Florida (AAF) Project, and suggested
that one of the Commissioners attend an upcoming
conference about high speed rail in Washington, D.C.
Ms. Hunt also provided a timeline of the multiple
requests she has made for public records, including
Courthouse surveillance tapes.
Chairman Davis stated that the County Commission is
not the custodian of the records that Ms. Hunt is
specifically seeking, and urged her to let them know if
there is any information that is within the Board's
jurisdiction.
No Board Action Required or Taken
2:18 4. Request to Speak from Joe Paladin, Black Swan
,.m. Consulting and Entitlement Corp Regarding Update on
Clean-up Project on 45th Street, Gifford. AAA Salvage
Site
C.
198
Joe Paladin, Black Swan Consulting and Entitlements
LLC, provided details on a project he took over in June
2014 to clean the Triple AAA Salvage Yard. He
disclosed that 9,000 buried tires and 300,000 pounds of
trash have been removed from the site, and no
hazardous waste remains. He also advised that there
are currently no plans to build on the property.
No Board Action Required or Taken
PUBLIC NOTICE ITEMS
2:24 1. Notice of Scheduled Public Hearing January 20, 2015:
Beth Ann Atamer's Request for Special Exception Use and
Conceptual Planned Development (PD) Approval for a
Project to be known as Hampton Woods East (Quasi -
Judicial)
(memorandum dated January 5, 2015)
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199
11.
12.
2. Notice of Scheduled Public Hearing January 20, 2015:
To Consider Adopting a Resolution with regard to Electing
to Use the Uniform Method for the Levy, Collection, and
Enforcement of Non Ad Valorem Assessments to Recover
Costs of Street Lighting and Maintenance in the Oceanside
Replat Subdivision Area (Legislative)
(memorandum dated January 5, 2015)
200
3. Notice of Scheduled Public Hearing January 20, 2015:
To Consider Adopting a Resolution with regard to Electing
to Use the Unifonn Method for the Levy, Collection, and
Enforcement of Non Ad Valorem Assessments to Recover
Costs of Street Lighting and Maintenance in the Oslo Park
Arca (Legislative)
(memorandum dated January 5, 2015) 201
4. Notice of Scheduled Public Hearing January 20, 2015:
To Consider Adopting a Resolution with regard to Electing
to Use the Uniform Method for the Levy, Collection, and
Enforcement of Non Ad Valorem Assessments to Recover
Costs of Street Paving and Maintenance in the Oceanside
Replat Subdivision Area (Legislative)
(memorandum dated January 5, 2015)
202
Attorney Reingold read the notices into the record.
COUNTY ADMINISTRATOR MATTERS
None
DEPARTMENTAL MATTERS
A.
B.
C.
Community Development
None
Emergency Services
None
General Services
None
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Human Services
None
Sandridge Golf Club
3.
None
Recreation
None
D. Human Resources
None
E.
Office of Management and Budget
1. Funding Request — Additional Position for Problem
Solving Courts
(memorandum dated January 7, 2015)
2:25 Director of Management and Budget Jason Brown
.m. provided background on the Nineteenth Judicial
Circuit's problem solving courts, and recalled the
Board's 4-1 vote on November 18, 2014, to spend
$100,000 for a Mental Health Court pilot program. He
stated that Trial Court Administrator Thomas A.
Genung has submitted a written request for funding
for a Court Program Specialist position to provide
support services to the problem solving courts,
including the new Mental health Court. Director
Brown thereafter provided the basis of staff's
recommendation for the Board to fund the position for
Fiscal Year 2014-2015 out of the Court Innovations
Fund, with the caveat that the General Fund will not be
used to support this position if reserves are exhausted
in the future.
Trial Court Administrator Thomas A. Genung, Esq.,
discussed the function of the proposed Court Program
Specialist, and advised that funding is being sought
from all four counties (Martin, St. Lucie, Indian River,
and Okeechobee) in the Nineteenth Judicial Circuit.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Flescher, to: (1)
authorize the use of Court Innovations to fund this
request for Fiscal Year 2014-2015 in the amount of
$12,324.00, considering that the County has a limited
ability to direct the use of these dollars, with the caveat
that the County does not intend to make General Fund
dollars available if reserves are exhausted in the future;
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203-215
13.
F.
Program Specialist position for State funding next
fiscal year to avoid thc drawdown of reserves in the
near future, and (3) transmit a letter to the State
Legislative Delegation urging them to fund the Court
Program Specialist position at an appropriate level.
Vice Chairman Solari noted that he would have
preferred for Sheriff Loar and Judge CON to have
presented this information when they addressed the
Board about the Mental Health Court.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously.
Public Works
None
G. Utilities Services
None
COUNTY ATTORNEY MATTERS
2:32 A. Tourist Development Council Vacancy
(memorandum dated January 7, 2015)
Attorney Reingold presented the names of the qualified
applicants for the "Interested in Tourist
Industry/Development" vacancy on the Tourist Development
Council (TDC), as follows:
Steve Hayes
Oscar Sales, Jr.
Diane B. Burda
Barry Shapiro
Sophie Bentham Wood (Shanaphy)
Commissioner Flescher, Chairman of the Tourist Development
Council, presented his recommendation for Steve Hayes, who
operates a successful airboat tour business.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner Zorc, after Board review of the
applicants' resumes and/or applications, to appoint Steve
Hayes to fill the unexpired term for the "Interested in Tourist
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216-232
14.
15.
12:42
p.m.
Barry Shapiro, 1954 Westminster Circle, owner of Lighthouse
Art and Framing, described his background and
qualifications, and expressed interest in serving on the Tourist
Development Council.
Commissioner Flescher advised Mr. Shapiro that his input
would be welcome at the TDC meetings, and that perhaps he
might reapply for the subject position in the future.
Commissioner O'Bryan noted that the five applicants were all
well qualified.
Commissioner Zorc endorsed the appointment of Mr. Hayes.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
COMMISSIONERS MATTERS
A.
B.
C.
D.
E.
Commissioner Wesley S. Davis, Chairman
None
Commissioner Bob Solari, Vice Chairman
None
Commissioner Joseph E. Flescher
None
Commissioner Peter D. O'Bryan
None
Commissioner Tim Zorc
None
SPECIAL DISTRICTS AND BOARDS
A.
Emergency Services District
The Board reconvened as the Board of Commissioners of the
Emergency Services District. Those Minutes are available
separately.
Approval of Minutes Meeting of November 18, 2014
A
„pproval of Minutes Meeting of December 2, 2014
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16.
C.
3. Final Payment for The Roof Authority, Inc. for IRC Bid
#2014047, Replacement of Roof at Fire -Rescue Station
#10
(memorandum dated December 24, 2014)
233-235
Solid Waste Disposal District
None
Environmental Control Board
None
ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 12:45 p.m.
ATTEST:
Jeffrey
Clerk
By:
r d' A tie s1111,4 --
r
Circ et 'ourt and Comptroll
A
BCC/MG/2014Minutes
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---7
Wesley S. Davis, Chairman
Approved: February 10, 2015