HomeMy WebLinkAbout05/10/2016NA,�'
COUNTY COMMISSIONERS DISTRICT
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
REGULAR MEETING MINUTES
TUESDAY, MAY 109 2016
Commission Chambers
Indian River County Administration Complex
180127 1h Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
Bob Solari, Chairman
District 5
Present
Joseph E. Flescher, Vice Chairman
District 2
Present
Wesley S. Davis
District 1
Present
Peter D. O'Bryan
District 4
Present
Tim Zorc
District 3
Present
Jason Brown, Management and Budget
Joseph A. Baird, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of the Circuit
Court and Comptroller
Maureen Gelfo, Deputy Clerk
Present
Present
Present
Present
(Clerk's Note: Management and Budget Director Jason Brown (future County
Administrator) sat in for the current County Administrator, who assumed his
position at 9:15 a.m.)
DVD PACKET
TIMES PAGES
1. CALL TO ORDER 9:00 A.M.
2. INVOCATION Philip Katrovitz, Humanist of the Treasure Coast
3. PLEDGE OF ALLEGIANCE Commissioner Bob Solari, Chairman
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
9:04 ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Zorc,
a.m. the Board unanimously approved the agenda as presented.
5. PROCLAMATIONS and PRESENTATIONS
9:05 A. Presentation of Proclamation Designating the Week of May 8 — 14, 2016, as
Tobacco Free Florida Week
a.m. 1
---------------------------------------------------------------------------------------------------------------------
Commissioner Zorc read and presented the Proclamation to Leslie
Spurlock, QuitDoc Foundation, and Tobacco Free Partnership members.
May 10, 2016 Page 1
Board of County Commission Mmutes
9:12 B. Presentation by Leslie Spurlock, QuitDoc Foundation, in Appreciation of
a.m.
Indian River County's Leadership with Tobacco Control
---------------------------------------------------------------------------------------------------------------------
Leslie Spurlock, QuitDoc Foundation, presented the County
Commissioners with a plaque acknowledging their support of tobacco -
free policies.
9:14 C. Presentation by Michelle Dion and Kim Prado, Marine Bank & Trust, on
Volunteer Opportunities for the 2016 Vero Beach Air Show on June 25 — 26,
a.m.
-201-6----------------------------------------------------------------------------------------------------------- 2 -
Michelle Dion and Kim Prado gave a presentation on the upcoming Vero
Beach Air Show (featuring the Blue Angels), which will be held on June
25 and 26, 2016. She also discussed the Meet -And -Greet which will be
held at Riverside Park on Saturday, June 25, starting at 5:30 p.m.
Information was provided on volunteer efforts and opportunities.
9:33 D. Presentation by Curtis Paulisin, First Vice President, and Patricia Geyer,
a.m. Director of Outreach Programs, provided details on the Indian River County
Veterans Council on June 18th Golf Tournament and other Programs. Proceeds
go to Veterans Outreach and to Veterans Council.
Curtis Paulisin, First Vice President, Veterans Outreach Programs,
provided details on the Annual Veterans Outreach Golf Tournament to
be held on June 18, 2016, at the Sandridge Golf Club.
Patricia Geyer, Director, Veterans Outreach Programs, provided an
overview of the Veterans Council of Indian River County's Veterans
Outreach program, and introduced new programs to the Board.
3-5
----------------
6• APPROVAL OF MINUTES
None
7. INFORMATION ITEMS FROM ST,
9:46 A. Retirement Award and Proclamation Honoring Brian Williamson on His
a.m. Retirement From the Indian River County Board of County Commissioners
Department of Emergency Services/Fire_Rescue with Thirty Years of Service 6-7
Commissioner O'Bryan recognized Brian Williamson on his retirement.
8. CONSENT AGENDA
9:46 ON MOTION by Vice Chairman Flescher, SECONDED by Commissioner
a.m. O'Bryan, the Board unanimously approved the Consent Agenda, pulling Item
8.C. for discussion (at Bob Johnson's request).
A. Approval of Checks and Electronic Payments — April 22, 2016 to April 28,
2016 8-13
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Board of County Commission Minutes
(memorandum dated April 28, 2016)
-------------- -------------------------------------------------------------------------------------------------------
Approved the list of checks and electronic payments as supplied by the
Comptroller's office.
B. Wild Turkey Sand Mine — Third Phase — Cash Deposit and Escrow
Agreements for Compliance and Restoration
(memorandum dated May 2, 2016) 14-24
-----------------------------------------------------------------------------------------------------------------------
Authorized the Chairman to execute the two compliance and restoration
Cash Deposit and Escrow Agreements by and between Indian River
County, Wild Turkey Estates of Vero, LLC, and Duane C. Pankratz,
with regard to the transfer from the second phase to the third phase of the
Wild Turkey Sand Mine.
9:47 C. Resolution Cancelling Taxes on Property Purchased by Indian River County
a.m. for Surface Water Storage and Treatment
(memorandum dated April 29, 2016) 25-32
Bob Johnson, Coral Wind Subdivision, sought additional information on
this item.
Deputy County Attorney Bill DeBraal addressed Mr. Johnson's concerns
and clarified the intent of the Resolution.
ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner
Zorc, the Board unanimously approved and authorized the Chairman to
execute, Resolution 2016-043, cancelling certain taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(Purchased by the County from RREF RB 2012 LTI-FL PHP, LLC for
surface water storage and treatment).
D. Work Order No. 8 Morgan & Eklund, Inc., 2016 Beach Profile Monitoring
Surveys — Summer
(memorandum dated April 28, 2016) 33-39
Approved and authorized the Chairman to execute on behalf of the
County, Work Order No. 8 to the Professional Land Surveying and
Mapping Services contract with Morgan and Eklund, Inc.
E. Work Order No. 13 CB&I Coastal Planning and Engineering, Inc., Sector 3
Beach Restoration Project, 2016 Post Construction Physical Monitoring
Services
(memorandum _dated I----- 7- 2016) 40-49
Approved and authorized the Chairman to execute on behalf of the
County, Work Order No. 13 to the contract with CB&I Coastal Planning
and Engineering, Inc. (f/k/a Coastal Planning & Engineering, Inc.)
F. Approval of Work Order No. MMRT-1 for Professional Land Surveying and
Mapping Services for Osprey Acres Stormwater Park
(memorandum dated May_3, 2016) 50-60
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Board of County Commission Minutes
Approved Alternative No. 1, Work Order No. MMRT-1 with Masteller,
Moler, Reed & Taylor, Inc.
G. Approval of Award for Bid 2016028 — Annual Bid for Street Sweeping
(memorandum dated May 2, 2016) 61-62
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(1) Awarded Bid 2016028 to International Sweeping, Inc., DBA Facilities
Pro -Sweep; (2) authorized the Purchasing Division to issue blanket
purchase orders for the period of June 1, 2016 through May 31, 2017, to
the recommended bidder, after receipt and approval of required
insurance by Risk Management; and (3) authorized the Purchasing
Manager to renew this bid for two (2) additional one (1) year periods
subject to satisfactory performance, vendor acceptance, and the
determination that renewal of this annual bid is in the best interest of
Indian River County.
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
9:50 1. Ordinance Concerning Medical Marijuana
a.m. (memorandum dated May 2, 2016)
63-81
--------------------------------------------------------------------------------------------------------------
Legislative
Proof of Publication of Advertisement for Hearing is on file in the
Office of the Clerk to the Board.
County Attorney Dylan Reingold recalled the Board's direction on
April 5, 2016, for the County Attorney's office to revisit Ordinance
2014-018 (pertaining to medical marijuana regulations), which the
Board adopted in October 2014. He reported that the Board
repealed Ordinance 2014-018 after the defeat of Amendment 2,
which pertained to the medical use of marijuana, in the November
2014 election. Attorney Reingold stated that a new Amendment 2
will be presented at the November 2016 election. He asked the
Board to consider the proposed Ordinance, incorporating the
regulation of medical marijuana into Chapter 315 of the County
Code, the Indian River County Pain Management Clinic and
Controlled Substances Ordinance. He noted that there will also be
a companion Zoning Ordinance, which the Planning and Zoning
Commission would consider in August 2016, followed by two public
hearings by the Board of County Commissioners.
The Chairman opened the Public Hearing.
May 10, 20f6 Page 4
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There were no speakers; the Chairman closed the Public Hearing.
ON MOTION by Vice Chairman Flescher, SECONDED by
Commissioner O'Bryan, the Board unanimously adopted
Ordinance 2016-005, amending Chapter 315 of the Code of Indian
River County entitled "Indian River County Pain Management
Clinic and Controlled Substances Ordinance" to include regulations
and prohibitions of certain activities relating to medical marijuana;
and providing for severability, codification and an effective date.
Commissioner Zorc questioned whether changes to the County's
personnel policies may be required regarding potential human
resources liability issues, if a County employee opts to use medical
marijuana as a treatment.
The Board CONSENSUS was to direct the County Attorney to
report back to the Board on potential human resource issues that
may arise for the County with regards to an employee's use of
medical marijuana.
B. PUBLIC DISCUSSION ITEMS
9:56 (As a general rule, public discussion items should be limited to matters on
a.m.
which the commission may take action.)
1. Request to Speak from Susan Mehiel Regarding AAF/FEC and the
Nuclear Power Plant — Phyllis Frey will be speaking on Susan Mehiel's
-behalf------------------------------------------------------------------------------------------------g2--
Phyllis Frey, 275 Date Palm Road, gave a presentation on behalf of
Susan Mehiel, outlining concerns about the increased passenger and
freight traffic (including hazardous materials) that will be
generated by the All Aboard Florida (AAF) Project, particularly on
the rail line near the St. Lucie Nuclear Power Plant (the Nuclear
Plant). She spoke about a letter sent by the Town of St. Lucie
Village's (the Village) mayor, William Thiess, requesting that State
and Federal agencies make sure there are sufficient plans and
procedures to mitigate safety risks and respond to potential
catastrophic incidents. Ms. Frey requested that the County
Commissioners also send correspondence urging the appropriate
agencies to make sure that appropriate safety plans and procedures
have been formulated.
(Clerk's Note: All Aboard Florida a/k/a Brighdine)
Chairman Solari asked Administrator Baird to write to the
appropriate agencies; Attorney Reingold stated he would assist with
the letter.
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Discussion ensued on the possibility of Liquefied Natural Gas
(LNG) being transported on the railway, and the County's training
procedures for Emergency Services personnel.
Keith Kite, 1045 Winding River Road, suggested that staff obtain a
daily manifest (of materials) from the Florida East Coast Railroad
(FECR) for freight trains passing through the County, and stated
that since AAF's 100% Plans have been submitted, it would be a
good opportunity for the County to address safety issues.
County Administrator Joe Baird affirmed that he would have staff
procure the daily manifest from the FECR.
Public Works Director Chris Mora stated that staff was in the
process of reviewing AAF's 100% Plans.
The Board's CONSENSUS was to have the Public Works
Department host a public workshop on AAF's 100% Plans, with the
date to be determined at a future Board meeting.
Joseph Paladin discussed his concerns on how the additional rail
traffic would reduce Levels of Service (LOS) on the roads and make
it harder for developers to achieve concurrency.
C. PUBLIC NOTICE ITEMS
10:15 1. Notice of Scheduled Public Heariny_ for Mav 24, 2016:
a.m. County Initiated Request to Amend (update) the Text of Several
Elements of the County's Comprehensive Plan, Including the Future
Land Use Element, the Recreation and Open Space Element, the
Transportation Element, the Economic Development Element, and the
Solid Waste Sub -Element
Legislative
(memorandum dated April_21, 2016) ------------------------------------------------------83-84__
(Clerk's Note: This item was read during a pause under Item 10.B.1,
and is placed here for continuity).
County Attorney Dylan Reingold read the notice into the record.
11. COUNTY ADMINISTRATOR MATTERS
I
10:26
A. Health Insurance Subsidy for Retirees
a.m. (memorandum dated April 29, 2016)
85-86
-----------------------------------------------------------------------------------------------------------------------
County Administrator Joseph Baird presented background and analysis
on a policy that was instituted in June 2008 that specified that a retiree
reaching the eligible age for Medicare would lose the County health
insurance subsidy. He reviewed the available options for retirees at that
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Board of County Commission Mmutes
time, and explained that the proposed changes would allow a retiree's
dependents to remain on the County health insurance plan at the
subsidized rate when the retiree enrolls in Medicare.
A brief discussion period ensued.
ON MOTION by Commissioner O'Bryan, SECONDED by Vice
Chairman Flescher, the Board unanimously approved: (1) the change to
the retiree health insurance subsidy policy as outlined in staffs report;
staff proposes that retirees remain eligible for any subsidy that has been
earned until both the retiree and spouse (or other eligible dependent) have
become eligible for Medicare. In order to keep the subsidy after the
retiree reaches the eligible age for Medicare, the retiree must enroll in
Medicare Parts A and B. At such time when both the retiree and spouse
(or eligible dependent) reach the eligible age for Medicare, the County
subsidy will terminate; and (2) the changes to the health insurance
subsidy policy for retirees, and authorized the County Administrator to
execute the updated policy.
The Chairman called a recess at 10:29 a.m., and reconvened the meeting at
10:40 a.m., with all members present.
12. DEPARTMENTAL MATTERS
A. Community Development
None
B. Emerpencv Services
None
C. General Services
None
1, Human Services
None
2, Sandridge Golf Club
None
3. Recreation
None
D. Human Resources
May 10, 2016 Page 7
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None
E. Office of Management and Budget
10:40 1. Quarterly Budget Report
a.m. (memorandum dated April -13, 2016)--------------------------------------------------87-99--
----------------------------- -
Management and Budget Director Jason Brown gave a Prezi
Presentation detailing the budget report for the second quarter
of Fiscal Year 2015-2016.
Discussion ensued, with input from Administrator Baird, on the
County's goal to transition the Shooting Range to an Enterprise
Fund.
Incoming Management and Budget Director Michael Smykowski
spoke in support of the County's conservative fiscal policy.
11:03 2. Declaration of 16`h Street Ballfields as Surplus and Authorization for
a.m. Disposal
(memorandum dated May 2, 2016) 100-111
Incoming Management and Budget Director Mike Smykowski
stated that the 16`h Street Ballfields Property had been discussed
at several Board Meetings, and at the February 16, 2016 meeting,
the Board approved an agreement to terminate (effective June 1,
2016), the agreement with the existing tenant, the Indian River
Sports Complex (IRSC), which leases the fields for youth ball
games. He thereafter provided analysis and staff's
recommendation for the Board to declare the property, surplus,
and dispose of it by sealed bid.
Discussion ensued, with input from Senior Planner John McCoy,
regarding the zoning/land use classification of the property and
regarding the possibility of St. Francis Manor acquiring a
portion of the surplus property.
Derek Muller, President Indian River Sports Complex (IRSC),
and Cal Ripken Youth Baseball League, requested that the
Board extend the lease agreement with IRSC until such time that
the property is disposed.
Commissioner O'Bryan stressed that he would support the
extended lease, provided that Mr. Muller advises the parents of
the players that the use of the field will be discontinued when the
property is sold.
MOTION WAS MADE by Vice Chairman Flescher,
SECONDED by Commissioner Zorc, to: (1) designate Parcel
33390200000700000001.3 as surplus to the County's needs and
May 10, 2016 Page 8
Board of County Commission Minutes
directed its disposal by sealed bid sale; the high bid will be
presented to the Board for award and ratification; and (2)
authorize the Indian River Sports Complex to continue renting
the 16'h Street Ballfield Complex property on a month-to-month
basis for ballgames to the date of sale, with the caveat that the
Indian River Sports Complex must notify the parents that the
parcel is up for sale and the use of the fields may be terminated
at any time.
Commissioner Zorc requested that the Public Works
Department take stock of any right-of-way or retention pond
areas that might be needed by the County in the future.
MOTION WAS AMENDED by Vice Chairman Flescher,
SECONDED by Commissioner Zorc, to direct the Public Works
Department, when considering sale of the property, to take into
consideration any right-of-way or retention pond areas on the
parcel which the County may need in the future.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board: (1) designated Parcel
33390200000700000001.3 as surplus to the County's needs and
directed its disposal by sealed bid sale; the high bid will be
presented to the Board for award and ratification; (2) authorized
the Indian River Sports Complex to continue renting the 16`h
Street Ballfield Complex property on a month-to-month basis for
ballgames to the date of sale, with the caveat that the Indian
River Sports Complex must notify the parents that the parcel is
up for sale and the use of the fields may be terminated at any
time; and (3) directed the Public Works Department, when
considering sale of the property, to take into consideration any
right-of-way or retention pond areas on the parcel which the
County may need in the future.
Attorney Reingold advised that staff would bring back to the
May 24, 2016 Board meeting, an amended termination clause to
the agreement with the Indian River Sports Complex.
F. Public Works
11:32 1. Outer Continental Shelf Marine Sand, Gravel, and Shell Resources
a.m. Regulation; Identifier Number (RIN) 1010-AD90; BOEM Proposed
Rule 30 CFR 583
(memorandum -dated- May 2,2016) --------------------------------------------------- 1-12---12-9--
Assistant Public Works Director Richard Szpyrka began the
PowerPoint Presentation with background on the County's Beach
Preservation Plan (BPP), which uses both upland and offshore
sand sources to offset erosion on its beaches.
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County Coastal Engineer James Gray reported that
approximately 40% of the offshore sand resources required for
beach restoration over the next 30 to 50 years lie within Federal
waters. He continued the PowerPoint Presentation to elaborate
on the U.S. Department of Interior, Bureau of Ocean Energy
Management's (BOEM) proposed rule changes for the use of
offshore sand, and reviewed staffs concerns/questions on how the
changes may affect the County's beach program. Coastal
Engineer Gray thereafter asked the Board to approve staff's
comments on the proposed letter to BOEM.
Commissioner O'Bryan requested that staff add to the proposed
letter, comments about preserving some of the County's vested
rights to portions of the borrow area sediment (marine sand,
gravel, and shell resources).
Chairman Solari requested that staff change the salutation
portion of the draft letter from "Dear Sir or Madam" to the name
of a specific BOEM staff member.
ON MOTION by Commissioner O'Bryan, SECONDED by Vice
Chairman Flescher, the Board unanimously: 1) approved staff
comments on the proposed U.S. Department of Interior Bureau of
Ocean Energy Management (BOEM) rule changes; and (2)
authorized the Chairman to execute the letter after it is addressed
to a specific U.S. Department of Interior Bureau of Ocean Energy
Management (BOEM) staff member, and after additional
verbiage is added regarding the County's vested interest in a
portion of the high quality offshore sand.
11:41 2. Update — U.S. Army Corps of Engineers (USACE) proposed plan to
a.m. dredge and relocate bulk ocean sand from Martin and St. Lucie
Counties to Miami -Date County
(memorandum dated_May -2,-201-6) --------------------------------------------------- 130---13-3-_
Assistant Public Works Director Richard Szpyrka recalled that in
January 2016, the Board had approved and sent to the United
States Army Corps of Engineers' (USACE), Resolution 2016-007,
opposing the USACE's proposal to dredge and relocate ocean
sand from Martin and St. Lucie Counties to Miami -Dade County.
Coastal Engineer James Gray used a PowerPoint Presentation to
provide background on- the Southeast Florida Sediment
Assessment and Needs Determination (SAND) study that was
conducted by the Florida Department of Environmental
Protection (FDEP) and the USACE. The SAND study (which did
not include Indian River County), indicated that Miami -Dade
County offshore sand sources are almost depleted, and that large
May 10, 20161 Page 10
Board of County Commission Minutes
------------------------------------------------------------------------------------------------------------
quantities of offshore sand were available in St. Lucie and Martin
Counties. Subsequently, the USACE Jacksonville District, issued
a Findings of No Significant Impact (FONSI) statement on the
proposal to use the alternative sand sources. In response, at its
April 18, 2016 meeting, the Beach and Shore Preservation
Advisory Committee approved a Motion to move forward with a
coordinated response to the proposal to transmit sand from
Martin and St. Lucie Counties to Miami -Dade County.
Assistant County Attorney Kate Pingolt Cotner reported that St.
Lucie and Martin Counties are trying to form a coalition with the
neighboring counties to see if a change can be made to the Federal
law stating that for federally -funded projects, non-domestic sand
sources can only be used only if domestic sources are not
available.
Commissioner O'Bryan commented that perhaps the change in
the law should say... "non-domestic sand sources can be used if
domestic sources are not economically competitive..."
ON MOTION by Commissioner O'Bryan, SECONDED by Vice
Chairman Flescher, the Board unanimously: (1) supported the
Beach and Shore Preservation Advisory Committee's request to
move forward with a coordinated response with Martin and St.
Lucie Counties, through applicable County regulations to the
State, and then to the Federal offices, Representatives,
Department of the Interior, and the Office of Management and
Budget and request a hearing for open public discussion on the
United States Army Corps of Engineer's proposal to dredge and
relocate sand from offshore of St. Lucie and Martin Counties to
Miami -Dade County, and to see if Congressman Patrick Murphy
would join the Coalition with the Counties; and (2) directed staff
to begin discussions with St. Lucie and Martin Counties, the
Florida Department of Environmental Protection, and the United
States Army Corps of Engineers.
12. DEPARTMENTAL MATTERS
G. Utilities Services
None
13. COUNTY ATTORNEY MATTERS
None
I
14. COMMISSIONERS MATTERS
May 10, 2016 Page 11
Board of County Commission Minutes
A. Commissioner Bob Solari, Chairman
None
B. Commissioner Joseph E. Flescher, Vice Chairman
None
C. Commissioner Wesley S. Davis
None
D. Commissioner Peter D. O'Brvan
None
E. Commissioner Tim Zorc
11:50 1. Additional Water Sampling
a.m. (memorandum dated May -10-2016) -------------------------------------------------- 134-138--
Commissioner Zorc discussed four water sampling collection
points in the eastern part of the Indian River Farms Water
Control District (IRFWCD) network, where heavy concentrations
of nutrient growth have been found. He asked if the Board
wanted to undertake an in-depth analysis of those areas to
determine the sources of said nutrients; see what additional
collection points could be added to track the nutrient loads from
the western part of the network continuing east; and have staff
report back on the costs of analyzing the four areas currently
being sampled, as well as the remainder of IRFWCD's canal
network on an ongoing basis.
Commissioner O'Bryan suggested that due to the cost, one of the
four sites should be selected for a targeted analysis. He also spoke
to the importance of installing a rain gauge network.
Discussion ensued about using the collection point at 85th Avenue
and 8th Street for the analysis, because it is not near a golf course
(thought to contribute more nutrients).
ON MOTION by Commissioner Zorc, SECONDED by
Commissioner O'Bryan, the Board unanimously directed staff to
return to the Board with recommendations and costs, for: (1)
undertaking an intensive analysis of the 85th Avenue and 8th
Street data collection point for water sampling, to acquire more
data of the nutrient loading of the canal water that flows to the
Indian River Lagoon; (2) analyzing the water flowing from the
west to the east to explore any variations in nutrient loads; (3)
adding supplementary water sampling locations to the west of the
May 10, 2016 Page 12
Board of County Commission Minutes
four sites currently being sampled by the St. Johns River Water
Management District; and (4) installing a rain gauge network.
15. SPECIAL DISTRICTS AND BOARDS
A.
Emergency Services District
None
B. Solid Waste Disposal District
None
C. Environmental Control Board
None
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 12:05 p.m.
Jeffrey R. Smith, CPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
By:
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BCC/MG/2016Minutes
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Bob Solari, Chairman
Approved:
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