HomeMy WebLinkAbout03/10/2015 (2) BOARD OF COUNTY
COMMISSIONERS
SEI INDIAN RIVER COUNTY, FLORIDA
fi a REGULAR MEETING MINUTES
;e: TUESDAY, MARCH 10, 2015
County Commission Chamber
Indian River County Administration Complex
of 180127 1h Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS DISTRICT
Wesley S.Davis,Chairman District 1 Present Joseph A.Baird, County Administrator Present
Bob Solari,Vice Chairman District 5 Present Dylan Reingold, County Attorney Present
Joseph E.Flescher District 2 Present Jeffrey R. Smith,Clerk of the Circuit
Peter D.O'Bryan District 4 Present Court and Comptroller Present
Tim Zorc District 3 Present Leona Adair Allen,Deputy Clerk Present
DVD PACKET
TIMES PAGES
1. CALL TO ORDER 9:13 A.M.
2. INVOCATION Jeffrey R. Smith, Clerk of the Circuit Court and
Comptroller
3. PLEDGE OF ALLEGIANCE Commissioner Peter D. O'Bryan
4. ADDITIONS/DELETIONS TO THE AGENDA/ EMERGENCY ITEMS
9:13 Addition: Emergency Item 14.D.2. Florida Administrative Code (FAC)
a.m. Legislative Updates
ON MOTION by Commissioner Flescher, SECONDED by Commissioner
O'Bryan, the Board unanimously approved the agenda as amended.
5. PROCLAMATIONS and PRESENTATIONS
None
Board of County Commission Minutes
March 10,2015 Page 1
6. APPROVAL OF MINUTES
9:14 A. Regular Meeting of February 17, 2015
a.m.
ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner
Flescher, the Board unanimously approved the regular meeting minutes of
February 17, 2015, as written.
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
9:16 A. Proclamation and Retirement Award Honoring Rebecca Sweeney on Her
a.m. Retirement from Indian River County Board of County Commissioners
Department of Emergency Services/Fire Rescue with Twenty-One Years of
Service 1-2
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B. Spoonbill Marsh Wetland—Eco Walking Tour
(memorandum dated March 3 2015) 3
Vice Chairman Solari announced the Spoonbill Marsh Wetland Eco
walking tour scheduled for Saturday, March 14, 2015, from 8:00 a.m. to
2:00 p.m., located at 57th Street, off of US 1.
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8. CONSENT AGENDA
9:17 ON MOTION by Commissioner Flescher, SECONDED by Commissioner
a.m. Zorc,the Board unanimously approved the Consent Agenda.
A. Approval of Warrants—February 20, 2015 to February 26, 2015
(memorandum-dated-February-26, 2015) 4-10
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Approved the list of warrants (checks) and wires as supplied by the
Comptroller's Office.
B. Kota of Sarasota, Inc. v. Waste Management Inc. of Florida Class Action
Lawsuit
(memorandum dated February 27, 2015) 11-13
-------------------------------------------------------------------------
Authorized staff to participate in the class action settlement lawsuit of Kota
of Sarasota, Inc. v. Waste Management Inc. of Florida, if eligible.
C. Request for Authorization to Submit an Application for 49 USC CH.53, Section
5311 Transit Operating Assistance Funds for FY 2015/16
(memorandum dated February 27, 201 5) 14-24
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Approved Resolution 2015-034, authorizing the submission of a FY 2015/16
Grant Application for 49 USC CH. 53, Section 5311 Public Transit
Operating Assistance.
Board of County Commission Minutes
March 10,2015 Page 2
D. GH Vero Beach Development LLC's Request to Re-plat a Portion of The Falls
At Grand Harbor, Plat 29 to be known as Grand Harbor Plat 31
memorandum dated February 2 25-32
- y 27, 015----- ---- � - -
Granted final plat approval to GH Vero Beach Development, LLC, for
Grand Harbor Plat 31.
E. Work Order No. 1 with Ardaman and Associates, Inc. for Professional
Geotechnical Services for 43rd Avenue and SR 60 Intersection Improvements
(18th Street to 26th Street) IRC Project No. 0853
memorandum dated February 20 2015) 33-45
Approved Work Order No. 1 to Ardaman and Associates, Inc. for
professional services as outlined in the Proposal for Level III contamination
assessment services, and authorized the Chairman to execute same, for a
not-to-exceed amount of$59,000.00.
F. Release of Retainage for Bridge Design Associates, Inc., Oslo Road Phase III
from 58th Avenue to 43rd Avenue, IRC Project No. 0517
memorandum dated Februar 27, 2015 46-48
------------ ------- y - -
Approved release of retainage and payment of Bridge Design Associates,
Inc. Invoice No. 11-583/11-1, dated February 3, 2015, in the amount of
$1,999.82.
G. Work Order No. 1, Masteller & Moler, Inc., 49th Street/US 1 Intersection
Improvements, IRC Project No. 1412
memorandum dated Februar 16, 2015 49-56
Approved Work Order No. 1 to Masteller and Moler, Inc., authorizing the
professional services as outlined in the Scope of Services, and authorized
the Chairman to execute same, for a total lump sum amount of$70,140.00.
H. Resolutions Canceling Taxes on Property Purchased for 26th Street Right-Of-
Way
(memorandum dated March 3 2015) 57-69
Approved Resolution 2015-0359 cancelling certain taxes upon publicly
owned lands,pursuant to Section 196.28, Florida Statutes.
(Purchased from: Brenda Hamilton Sistler, Keith A. Hamilton and William
A. Hamilton)
Approved Resolution 2015-0369 cancelling certain taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(Purchased from: Javier Franco and Baylee Franco)
I. Provence Bay, Request for 2-Year Extension to Final Lift of Asphalt Contract,
Developer: Centex Homes
(memorandum dated March 2, 2015)
70-74
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Board of County Commission Minutes
March 10,2015 Page 3
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Approved the Modification to contract for Construction for Final Lift of
Asphalt (Contract No. SD-04-10-46-FLA) to extend the completion date to
March 12, 2017, and authorized the Chairman to execute same so long as
the letter of credit is amended to extend the expiration date to June 12,
2017, which is 90 days beyond the newly extended completion date, and the
developer pays the prerequisite extension fee of $660.00 established by
Resolution No. 2005-041, and pursuant to Section 913.10(1)(G) of the
Indian River County Code. It is also noted that the supporting security can
also be reduced to the updated amount. Additionally, if after an inspection
is performed by the County and it reveals that there is any deficiency in the
roadway base, the developer must repair any deficiency noted in such
inspection prior to the laying of the final lift of asphalt.
J. Work Order No. 1 with Kimley Horn and Associates for Water Distribution
System Water Quality and Corrosion Coupon Investigation
�memorandum dated Februar 24 2015) 75-81
------------- -------- -- ---- y - -----------------------------------------
Approved Work Order No. 1 with Kimley Horn and Associates, Inc., for
professional services, and authorized the Chairman to execute same, for a
lump sum amount of$32,900.00.
K. Agreement for Food Concession Services and Lease Between Indian River
County and DiMichelli's Catering, Inc.
(memorandum dated March 3, 2015) 82-99
- - - - - ------------------------------------------------------------------------------------------------------------
Authorized the Chairman to execute the Agreement with DiMichelli's
Catering, Inc. for food concession services at the Sandridge Golf Club.
L. Authorize County Administrator to Execute the Business Associate Agreement
and Confidentiality Agreement Pertaining to the Health Insurance Portability
and Accountability Act of 1996 (HIPAA)
(memorandum um---- ----------
dated March 9, 2015) 100-108
- -- ------------ -----------------------------------------------------------------------------
Authorized the County Administrator to execute the Business Associate
Agreement with The Gehring Group, Inc., in order to comply with
requirements under the Health Insurance Portability and Accountability
Act of 1996 (HIPAA).
M. Indian River County Airboat Association, Inc. Sand Lakes Conservation Tract
Lease
_(memorandum-dated-March-5-,-20-1-5) 109-117
- - - - ----- ------ -------- - --- --------- ----
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Approved the Sand Lakes Conservation Tract Lease Agreement with
Indian River County Airboat Association, Inc. and St. Johns River Water
Management District.
Board of County Commission Minutes
March 10,2015 Page 4
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
9:18 A. Indian River County Sheriff Deryl Loar
a.m. Florida Traffic Safety Grant Funded by the Florida Department of
Transportation
letter dated Februar 27,_2015) 118-133
' - -
-- ---
ON MOTION by Commissioner Flescher, SECONDED by Commissioner
Zorc, the Board unanimously authorized the Sheriff to apply for the
Florida Traffic Safety Grant, funded by the Florida Department of
Transportation. The grant funds will be used to purchase three radar
display trailers and an automated license plate reader system.
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
9:40 1. Watermain Assessment Project within North Indian River Drive
a.m. Public Hearing and the Adoption of Resolution No. III
(memorandum dated February 20, 2015)------------------------------ 134-158
Legislative
Capital Projects Manager Arjuna Weragoda provided a
presentation regarding the Watermain Assessment Project on
North Indian River Drive, which included timelines, and two
scenarios for the Board to consider in order to move forward
with the project. The first scenario entailed 17 parcels within the
assessment area, and the second scenario included 10 parcels in
the assessment area and nine in a voluntary connection/capital
recovery arrangement.
The Chairman opened the public hearing.
Janey Franklin, 13680 North Indian River Drive, supported the
project.
Ruth Ann Jolly, 13590 North Indian River Drive, supported the
project.
Mark Alicandro, 13650 and 13655 North Indian River Drive,
opposed the project.
There being no other speakers, the Chairman closed the public
hearing.
ON MOTION by Commissioner Flescher, SECONDED by
Commissioner Zorc, the Board approved Resolution 2015-037,
confirming the special assessments in connection with water main
extension from 13580 to and including 13635 North Indian River
Board of County Commission Minutes
March 10,2015 Page 5
Drive (also known as Riverside Drive) in Indian River County,
Florida; and providing for special assessment liens to be made of
record.
B. PUBLIC DISCUSSION ITEMS
9:41 1. Request to Speak from Mike DeGeorge, President, and Sherri Davis,
a.m. Vice President, Trillium Homeowner's Association Regarding 66th
Avenue-Road-Construction--Bids obtained for-landscaping__________________ 159-168
-Avenue ---------------
Trillium Homeowner's Association (HOA) President Mike
DeGeorge and Vice President Sherri Davis, recalled the Board's
decision from the January 20, 2015 Board of County Commission
meeting to Table their request to replace damaged plants from
the 66th Avenue construction, and to return with bid estimates.
They returned with three estimates, and requested the Board to
approve replacement of the damaged landscaping.
Public Works Director Chris Mora expressed that staffs position
remained unchanged from when it was brought to the Board
earlier. He said it has been the County's policy that landscaping
and irrigation placed on the County's right-of-way was the
responsibility of the subdivision or owner who places it there, not
the County's. He informed the Board that Coast to Coast
Landscaping had the lowest bid for restoring the frontage.
Staff re-emphasized the subdivision's responsibility for
landscaping in the right-of-way, and agreed with Director Mora's
comments.
MOTION WAS MADE by Commissioner Flescher, SECONDED
by Chairman Davis, to accept the bid from Coast to Coast
Landscaping, for restoring the frontage at Trillium, located at
66th Avenue and 26th Street.
Discussion ensued regarding landscaping on the rights-of-way;
The County setting a precedent by replacing Trillium's damaged
landscaping; and County staff telling Trillium personnel that any
damage from the project would be "made whole."
The Chairman CALLED THE QUESTION, and by a 3-2 vote
(Vice Chairman Solari and Commissioner O'Bryan opposed), the
Motion carried.
10:02 2. Request to Speak from Dan Lamson, Indian River Neighborhood
a.m. Association Regarding the Indian River L_a_goon-Council---------------------------169--------
Dan Lamson, Executive Director of the Indian River
Neighborhood Association (IRNA), requested the Board's
Board of County Commission Minutes
March 10,2015 Page 6
- - -----------------------------------------------------------------------------------
consideration to join the Indian River Lagoon (IRL) Council.
Some Commissioners explained why the Board did not wish to
join the IRL Council.
Vice Chairman Solari volunteered to meet with his group and
provide a full explanation of the process.
C. PUBLIC NOTICE ITEMS
10:11 County Attorney Dylan Reingold announced that the Solid
a.m. Waste Disposal District would be holding a Special Call
meeting to award the Solid Waste and Recyclables Collection
Services contract on Wednesday, March 18, 2015, at 9:00 a.m.
in the Commission Chambers.
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A. Community Development
10:12 1. Board Consideration to Terminate Contract with TSI Disaster
a.m. Recovery, LLC, with Payment for Work Performed, and
Alternatives for Channel Restoration at Head Island (a.k.a. Green
Salt Marsh Conservation Area)
_(memorandum dated March 3 2015) 170-198
- - - - '--- -- - - - ------ ---
Environmental Planning and Code Enforcement Chief Roland
DeBlois presented the Head Island Channel Restoration
project. He explained why staff was recommending
terminating the contract with TSI Disaster Recovery, LLC,
with payment for work performed, due to unforeseen
circumstances with respect to the need for off-site disposal of
dredged material.
Director Boling discussed issuing a Request for Proposal (RFP),
and setting a cap at 50% of overall project costs, provided the
St. Christopher Harbor Homeowners Association (HOA)
commits to further contributions to project costs.
MOTION WAS MADE by Vice Chairman Solari, SECONDED
by Commissioner O'Bryan, to authorize the Chairman to
execute the Agreement for Cancellation of Contract with TSI
Disaster Recovery, LLC, with payment of $31,499 for work
performed; discontinue any additional work, ending the
project; and direct staff to return to the Board with a future
proposal for maintaining the value of the work that has already
Board of County Commission Minutes
March 10,2015 Page 7
been done regarding invasive species on the property.
Discussion regarding the project ensued.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
The Chairman called for a break at 10:32 a.m., and reconvened
the meeting at 10:42 a.m.,with all members present.
B. Emergency Services
None
C. General Services
None
1. Human Services
None
2. Sandridge Golf Club
None
3. Recreation
None
D. Human Resources
None
E. Office of Management and Budget
None
F. Public Works
None
G. Utilities Services
None
Board of County Commission Minutes
March 10,2015 Page 8
13. COUNTY ATTORNEY MATTERS
10:42 A. Quit Claim Deed for Blue Cypress Lake Stilt Houses
a.m. (memorandum dated February 25, 2015)
199-203
- - - -------------------------------------------------------------------------- -------------------------------
Deputy County Attorney William DeBraal provided a brief history on
the ownership of the three stilt houses constructed offshore of Blue
Cypress Lake; explained that the sovereign submerged land under
the structures was owned by the County; revealed there was no
County interest in the property; indicated staffs wishes to avoid
litigation canceling any interest in the submerged land; and relayed
that the Division of State Lands had asked to be supplied with a Quit
Claim Deed. The current owners of the houses are Kim Blair; Jay
and Carol Scott; and Charlie Cayson and Robert Tucker.
Attorney DeBraal addressed questions from the Board.
Attorney Charles Sullivan, representing the defendants, provided
background; reiterated that the County, not the State, owns the
submerged land under the stilt houses; and felt the County should
keep the property and not approve the Quit Claim Deed, which would
transfer all of the County's right, title and interest, to the Trustees.
Attorney Mark Vocelle, also representing the defendants, reported
that the State had filed action to make the people demolish the
structures down at their own expense. He warned that if the Quit
Claim Deed is signed as proposed, it would grant the State title to all
submerged lands westward of the highwater mark, which would
include the waters in the canals and Middleton's fish camp.
Discussion ensued regarding submerged lands.
Commissioner O'Bryan preferred to take a neutral position, let the
attorneys represent the owners, and after the Court rules, then the
Board can decide how to move forward.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously denied staff's
recommendation to approve the Quit Claim Deed, and directed staff
to take no action at this time.
11:10 B. City of Vero Beach — Indian River Shores — Indian River County
a.m. Mediation Update
memorandum dated February27 2015) 204-316
------------------------------------- -
County Attorney Dylan Reingold provided an update regarding the
City of Vero Beach, Indian River Shores, and Indian River County
Mediation. He requested the Commissioners to decide whether to
Board of County Commission Minutes
March 10,2015 Page 9
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continue participation in the Florida Governmental Conflict
Resolution process under the Interim Mediation Agreement, and
recommended the Board continue with the process.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Zorc, the Board unanimously agreed to continue to
participate in the Florida Governmental Conflict Resolution process
under the terms of the Interim Mediation Agreement, and authorized
the Chair to execute any documents necessary to effectuate this
continued participation.
14. COMMISSIONERS MATTERS
A. Commissioner Wesley S. Davis, Chairman
None
B. Commissioner Bob Solari, Vice Chairman
None
C. Commissioner Joseph E. Flescher
None
D. Commissioner Peter D. O'Bryan
11:13 1. Update on Enterprise Zone Reauthorization
a.m. -(-memorandum dated-March-4,-2-01-5)- 317
------------------------ -------- - -- - ---------------------------------------------------------
2. Addition: Emergency Item 14.D.2. Florida Association of
Counties (FAC) Legislative Updates
317.B.1
Commissioner O'Bryan combined Items 1 and 2, as he
provided legislative updates on the Enterprise Zone
Reauthorization, and the Florida Association of Counties
(FAC) Legislature. He announced that Assistant County
Attorney Kate Pingolt Cotner would be going to Tallahassee
towards the end of the week for the legislative session, and
would provide an update when she returns.
Commissioner Zorc informed the Board that he had spoken
with Florida State Representative Debbie Mayfield, and she
suggested that when they are in Tallahassee, they should
voice support for the Navy Seal Museum expansion funding
that is moving through the Transportation Committee, in
hopes that it would keep the museum on the Treasure
Coast, and not move it to California.
Board of County Commission Minutes
March 10,2015 Page 10
ON MOTION by Commissioner Flescher, SECONDED by
Chairman Davis, the Board unanimously directed staff to
draft a Resolution urging the Legislature and the Governor
to support keeping the National Navy UDT-SEAL Museum
in Ft. Pierce.
E. Commissioner Tim Zorc
11:23 1. IRLNEP Agenda Item
a.m. (memorandum dated March 4 2015)
Commissioner Zorc provided an update on the Indian River
Lagoon National Estuary Program (IRLNEP); sought
direction on whether the Board wanted to participate with
IRLNEP representatives; and if the Board wanted the
organization to visit Indian River County for a public
forum.
Each Commissioner voiced their concerns with the
IRLNEP.
Vice Chairman Solari said he would welcome the
representatives to come here since he had numerous
questions to ask them. He said he would not support the
motion because he does not want to be associated with the
Council in its present form.
ON MOTION by Commissioner O'Bryan, SECONDED by
Chairman Davis, the Board by a 4-1 vote (Vice Chairman
Solari opposed), authorized Commissioners and staff to
attend Indian River Lagoon National Estuary Program
(IRLNEP) meetings.
11:38 2. Oslo Boat Ramp Agenda Item
a.m. (memorandum dated-March-4-,_2-01-5)
Commissioner Zorc felt the word "Tabled," from the
October 21, 2014 motion for the Oslo Boat Ramp Project
was misunderstood.
Attorney Reingold read the motion from the October 21,
2014 Board of County Commission meeting, where the
Board by a 3-2 vote Tabled the Oslo Boat Ramp Project for
three to five years.
Administrator Baird emphasized that he had given staff the
direction to continue to move forward with the permits
from St. John's River Water Management District since
they would be good for five years, and $5,000 had already
been paid for the permits.
Board of County Commission Minutes
March 10,2015 Page 11
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Staff addressed questions from the Board.
Dr. David Cox, 9495 Periwinkle Drive, Vero Beach, wanted
the Board to direct staff to withdraw the permit now, and
reapply closer to the time of potential construction.
Susan Boyd, 8025 25t" Street, Vero Beach, questioned the
definition of"Tabled" and wanted the project stopped.
Commissioner O'Bryan attempted to clarify that the word
"Tabled" implies that an item would be coming back to the
Board in the future, it is a postponed action, not a killed
action.
Yvonne Tso, 4164 Abington Woods Circle, Vero Beach,
thought the project had been "killed." She wanted the
permit to be withdrawn.
Tom Ellsworth, 1414 21St Street, Apartment 5, Vero Beach,
wanted the action that was taken at the October 21, 2014
Board of County Commission meeting to be defined, so
there would be no misunderstanding.
Vice Chairman Solari felt his motion had been clear. He
said he wanted the project to be "Tabled" until the Lagoon
was in better health.
Corry Westbrook, 1955 3 d Street, Vero Beach, commented
on a letter from Michael Nixon to Irene Sadowski, Chief of
Permits for the U. S. Army Corp of Engineers, and felt the
Board/staff had not planned to withdraw from the project.
She felt the circumstances in three to five years might be
different and a new permit would be needed anyway.
Director Mora informed Ms. Westbrook that Mr. Nixon's
letter was in response to Ms. Sadowski's letter, which gave
two options - to withdraw the permit application, or
respond with more information, which is why his response
was as it was.
Dr. Richard Baker, Sebastian, believed the boat ramp issue
was going to be dead for three to five years. He believed
that "Table" meant to stop the project, and did not think
staff should move forward with the permits.
Board of County Commission Minutes
March 10,2015 Page 12
- - - - -- -------------------------------------------------------
------------- ------- -----------
Graham Cox, 1213 George Street, Sebastian, wanted the
project stopped so staff could move forward with protecting
the Lagoon.
Claudette Pelletier, 1655 Shuckers Point, Vero Beach,
believed that actively pursuing a permit during the
"Tabling" period was not in good faith, and wanted the
Board to Table the permit process.
Commissioner Zorc did not feel comfortable with the
community's perception, and wanted to provide more
certainty.
MOTION WAS MADE by Commissioner Zorc,
SECONDED by Commissioner Flescher, to cease additional
efforts to secure any permits for the Oslo Boat Ramp.
Attorney DeBraal revealed that the sum total of staff's
activity since September 21, 2014, had only been one letter
in response to the U.S. Army Corp of Engineer's inquiry.
Dr. Grant Gilmore responded to the Board's questions
regarding muck in the channel; activity at the Oslo Boat
Ramp; spawning sites; and sea grasses.
Tom Ellsworth did not support the Oslo Boat Ramp.
Brendan Burke, 516 Conn Way, Vero Beach, questioned
who Commissioner O'Bryan's support team was for the
Oslo Boat Ramp.
Dan Farley, 437 Melrose Lane, Sebastian, suggested
Commissioner O'Bryan submit a new petition for a new
permit, since he had a lot of support.
The Chairman CALLED THE QUESTION, by a vote of 2-3
(Commissioners Davis, Solari, and O'Bryan opposed), the
Motion FAILED.
Upon Susan Boyd's request, it was clarified that staff would
not be taking any further action with respect to the Oslo
Boat Ramp permits, and no further action of this project
would betaken for-the-next three to five years------------------------------------------
Board of County Commission Minutes Page 13
March 10,2015
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
B. Solid Waste Disposal District
12:34 The Board reconvened as the Board of Commissioners of the
p.m. Solid Waste Disposal District. Those Minutes are available
separately.
1. Approval of Minutes Meeting of February 17, 2015
12:35 2. Notice of Special Call Meeting for the Award of the Solid Waste
p.m. and Recyclables Collection Services (RFP#2015023) 320
(memorandum dated March 4, 2015)
-------------------- -------------
15. SPECIAL DISTRICTS AND BOARDS
C. Environmental Control Board
None
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
12:40 p.m.
ATTEST: roJ`' Fps*•;
s
Smith CPA CGFO, CGMA Wesley S. Davis, Chairman '�oqN..•• �o�r
Jeffrey NERCO •
Clerk of Circuit Court and Comptr »»»-•N'
By: Approved: APR 0 7 2015
Deputy
BCC/LA/2015Minutes
Board of County Commission Minutes Page 14
March 10,2015