HomeMy WebLinkAbout05/22/2018Indian River County Florida
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
Meeting Minutes - Final
Tuesday, May 22, 2018
9:00 AM
Commission Chambers
Board of County Commissioners
Peter D. O'Bryan, Chairman, District 4
Bob Solari, Vice Chairman, District 5
Susan Adams, District 1
Joseph E. Flescher, District 2
Tim Zorc, District 3
Jason E. Brown, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller
Randi Wardlow, Deputy Clerk
Board of County Commissioners Meeting Minutes - Final May 22, 2018
1. CALL TO ORDER
2. ROLLCALL
Present: 5 - Chairman Peter O'Bryan
Vice Chairman Bob Solari
Commissioner Susan Adams
Commissioner Joseph Flescher
Commissioner Tim Zorc
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS
2.B. INVOCATION
Tracy Moore, Minister, Vero Beach Church of Christ
3. PLEDGE OF ALLEGIANCE
Commissioner Peter D. O'Bryan, Chairman
4. ADDITIONSIDELETIONS TO THE AGENDA / EMERGENCY ITEMS
Addition: Item 5.B. Presentation by Indian River County Health Department on
Rabies Alert
Deletion: Item 12.C.1. Assignment and License Agreement for Operation of
Middleton's Fish Camp
A motion was made by Vice Chairman Solari, seconded by Commissioner Flescher,
to approve the Agenda as amended. The motion carried by the following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
5. PROCLAMATIONS and PRESENTATIONS
5.A. 18-1846 Presentation of Moms Demand Action for Gun Sense in America by Pat Simmons
Recommended Action: No Action Required
Attachments: Moms Demand Action
National Gun Violence Awareness Day June 2, 2018
Pat Simmons, 26 Lake Vista Trail, aided by a PowerPoint Presentation and video,
explained the organization's mission to end gun violence and the symbolism of
weanng orange.
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Board of County Commissioners Meeting Minutes - Final May 22, 2018
No Action Taken or Required
5.B. 18-1872 Presentation by the Indian River County Health Department on the Rabies Alert
Issued on May 15, 2018.
Recommended Action: [No Action Taken]
Miranda Hawker, County Health Officer, and Cheryl Dunn, County Environmental
Health Manager, used a PowerPoint Presentation to provide information about the
May 15, 2018 Rabies Alert including the source, scope, response protocols, and
control tips.
The Commissioners sought and received information about the timeline for the
alert, transmission methods, education materials, and the costs associated with a
rabies response.
No Action Taken or Required
6. APPROVAL OF MINUTES
6.A. 18-1854 Regular Meeting of April 17, 2018
Recommended Action: Approve
Attachments: 04172018 Draft
A motion was made by Commissioner Flescher, seconded by Commissioner Zorc, to
approve the Regular Meeting Minutes of April 17, 2018 as written. The motion
carried by the following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD
ACTION
7.A. 18-1840 Florida Public Service Commission Order No. PSC -2018 -0247 -PAA -EI In re:
Request for approval of change in rate used to capitalize allowance for funds used
during construction (AFUDC) from 6.16% to 5.97%, effective January 1, 2018, by
Florida Power & Light Company is on file for review in the office of the Clerk to
the Board.
Recommended Action: Information Only
No Action Taken or Required
73. 18-1847 Indian River County Venue Event Calendar Review
Recommended Action: This is an information item only; no Board action is required
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Board of County Commissioners Meeting Minutes - Final May 22, 2018
Attachments: Staff Report
No Action Taken or Required
8. CONSENT AGENDA
A motion was made by Commissioner Flescher, seconded by Commissioner Adams,
to approve the Consent Agenda as amended, pulling Items 8.E. and 8.F. for
discussion. The motion carried by the following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
8.A. 18-1834 Checks and Electronic Payments May 4, 2018 to May 10, 2018
Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's
office for the time period of May 4, 2018 to May 10, 2018
Attachments: Finance Department Staff Report
Approved
8.B. 18-1828 Indian River County Grant Contract Subrecipient Awards
Recommended Action: Approve the Indian River County Grant Contract Subrecipient Award agreements
with the SRA and the TCHSC and execute any related documents.
Attachments: Finance Department Staff Report
SubRecipient Grant Agreement-TCHSC 2018
SRA SubRecipient Grant Agreement 2018
Approved staffs recommendation
8.C. 18-1839 Out of County Travel to attend the 2018 Florida Governor's Conference on Tourism
Recommended Action: Approval
Attachments: Staff Report
2018 Florida Governor's Conference on Tourism
Approved staffs recommendation
8.D. 18-1833 Work Order No. 1, MBV Engineering, Inc. Old Dixie Highway and Highland Drive
(IRC -1362)
Recommended Action: Staff recommends approval of Work Order No. 1 to MBV Engineering, Inc.,
authorizing the professional services as outlined in the Scope of Services and
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Board of County Commissioners Meeting Minutes - Final May 22, 2018
the Board authorize the Chairman to execute Work Order No. 1 on their behalf for a
lump sum amount of $20,000.00.
Attachments: Staff Report
Work Order No. 1
Approved staffs recommendation
8.E. 18-1838 Rejection of Bids for Fire Station 8 Concrete Replacement (Bid 2018053)
Recommended action: Staff recommends the Board reject the bids received for Bid 2018053 and authorize
the Fire Rescue Department to revise the specifications and the Purchasing Division
to release a new invitation to bid for the subject work.
Attachments: Staff Report
Commissioner Zorc questioned the disparity between the estimated and actual costs
for the concrete replacement at Fire Station 8. Public Works Director Richard
Szpyrka pointed to the increase in cost for concrete and advised that the numbers
were consistent with what developers were paying for materials.
A motion was made by Commissioner Zorc, seconded by Commissioner Flescher, to
approve staff's recommendation. The motion carried by the following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
8.F. 18-1843 Approval of the Special Olympics Florida Aquatic Championships Agreement for
the Swimming Event to be held at North County Aquatic Center and for the
Opening Ceremony to be held at the iG Center
Recommended Action: Staff recommends that the Board approve the Agreement between Indian River
County and Special Olympics Florida, Inc. for the use of the North County Aquatic
Center and the iG Center and authorize the Chairman to sign.
Attachments: Staff Report
Special Olympics Florida Agreement
Chairman O'Bryan recognized the Recreation Department for their hard work in
hosting this event for the past eleven years. He encouraged the community to come
out and volunteer in support of Special Olympics and the participating athletes.
A motion was made by Commissioner Flescher, seconded by Chairman O'Bryan, to
approve staff's recommendation. The motion carried by the following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
8.G. 18-1844 First Amendment to Custodial Services Between Indian River County and
American Janitorial, Inc.
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Board of County Commissioners Meeting Minutes - Final May 22, 2018
Recommended Action: Staff recommends the Board approve the First Amendment to Custodial Services
Between Indian River County and American Janitorial, Inc. Staff further
recommends the Board approve the agreement and authorize the Chairman to
execute it after review and approval by the County Attorney as to form and legal
sufficiency.
Attachments: Staff Report
First Amendment to Custodial Agreement for American Janitorial
Approved staffs recommendation
8.H. 18-1860 AT&T ABN Long -Distance Calling Agreement - Extension
Recommended Action: IRC Staff recommends that the Board of County Commissioners approve the
proposed 12 -month extension to the AT&T ABN long-distance calling agreement,
until County migrates to SIP Trunking services, or the entire IRC long-distance
calling agreement with AT&T is re -negotiated at the end of the proposed 12 -month
agreement extension.
Attachments: Staff Report
AT&T Business Network Short Term Agreement
Original 2008 AT&T Business Network with Multi -Service Agreement
Approved staffs recommendation
10. PUBLIC ITEMS
10.A.1. 18-1622 Request for Authorization to Submit Applications for Federal Transit Administration
Grants for Capital and Operating Assistance for FY 2018 (Section 5307) and Bus
Replacement for FYs 2016, 2017, and 2018 (Section 5339) (Administrative)
Recommended action: Staff recommends that the Board of County Commissioners adopt the resolution
authorizing the filing of the Section 5307 grant application for FY 2018 and Section
5339 grant application for FYs 2016, 2017, and 2018.
Attachments: Staff Report
Section 5307 Grant Application
Section 5339 Grant Application
Resolution
Budget Forms
PROOF OF PUBLICATION FOR THIS HEARING IS ON FILE IN THE OFFICE OF
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THE CLERK TO THE BOARD.
Brian Freeman, Senior Transportation Planner, gave an overview of Indian River
County's transit services and detailed the grants available. Mr. Freeman
highlighted the value of available matching funds and the expenses these grants
would cover.
Chairman O'Bryan opened the Public Hearing. There being no speakers,
Chairman O'Bryan closed the Public Hearing.
A motion was made by Commissioner Flescher, seconded by Commissioner Adams,
to approve: 1) staff's recommendation; and 2) Resolution 2018-051, authorizing the
filing of applications for grant funding assistance from the Federal Transit
Administration. The motion carried by the following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
10.A.2. 18-1819 Code Enforcement Fine Ordinance (Legislative)
Recommended Action: The County Attorney's Office recommends that after the public hearing the Board
vote to approve the draft ordinance.
Attachments: Staff Report
Draft Code Enforcement Fine Ordinance
PROOF OF PUBLICATION FOR THIS HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD.
County Attorney Dylan Reingold reviewed the increased fines that would be
imposed for tampering with the County's water utility connections. Additionally,
he explained that the proposed Ordinance allows the same elevated fines to be
imposed for a commercial event held at a residence.
Commissioner Zorc sought and received clarification from Roland DeBlois, Chief
of Environmental Planning and Code Enforcement, regarding repeat violations for
utilities tampering.
Chairman O'Bryan opened the Public Hearing. There being no speakers,
Chairman O'Bryan closed the Public Hearing.
A motion was made by Vice Chairman Solari, seconded by Commissioner Flescher,
to adopt Ordinance 2018-011 amending Section 103.03 (Regulatory Commissions and
Boards) and section 103.06 (Code Enforcement Special Master) of Part I (In General)
of Chapter 103 (Commissions and Boards) of the Code of Indian River County,
Florida in order to establish higher fine limits for certain Code Violations; and
Providing for Codification, Severability, Repeal of Conflicting Provisions, and an
Effective date. The motion carried by the following vote:
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Board of County Commissioners Meeting Minutes - Final May 22, 2018
Aye: 5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
B. PUBLIC DISCUSSION ITEMS
10.8.1. 18-1848 Request to Speak from Herb Whittall Regarding Spoonbill Marsh and Lagoon
Recommended Action: No Action Required
Attachments: Request to Speak Form
Herb Whittall, 19 Park Avenue, requested to speak to the Board regarding
Spoonbill Marsh and the Lagoon. He remarked upon the vitality of Spoonbill
Marsh, and suggested more resources should be devoted for cleaner canal
runoff. Chairman O'Bryan highlighted the sales tax funds that are earmarked
for Lagoon improvements.
A discussion with the Board ensued covering topics such as a proposed Bethel
Creek project, water hyacinths in the canals, and the County's maintenance of
vegetation in the drainage ditches. A suggestion was made to raise public
awareness of the County's Lagoon Rehabilitation Projects and their success.
No Action Taken or Required
C. PUBLIC NOTICE ITEMS
10.C.1. 18-1837 Notice of Scheduled Public Hearing for June 5, 2018: County Initiated Request
to: Amend the text of the Sanitary Sewer Sub -Element for septic to sewer
conversion and the associated text of the Future Land Use Element
(Legislative); and Amend the text of the Coastal Management Element for sea
level rise and associated text of the Future Land Use Element of the County's
Comprehensive Plan. (Legislative)
Recommended Action: The referenced notice of public hearing items are provided for the Board's
information. No action is needed at this time.
County Attorney Dylan Reingold announced the upcoming Public Hearing
which will be held on June 5, 2018.
No Action Taken or Required
11. COUNTY ADMINISTRATOR MATTERS
11.A. 18-1849 Mainland Boat Launch Joint Venture
Recommended action: Staff is reluctant to proceed further in pursuing a joint venture with the City of Vero
Beach at this location based upon the findings indicated. Therefore, staff recommends
against moving forward with a boat launch facility at the City Power Plant/Wastewater
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Board of County Commissioners Meeting Minutes - Final May 22, 2018
Treatment Plant location, and notifying the City of Vero Beach of this decision.
Attachments: Staff Report
Excerpt from Manatee Protection Plan
2013 FWS Letter and Map
Power Plant Layout
County Administrator Jason Brown reported on a meeting between Indian River
County and the City of Vero Beach (the City) which explored a jointly developed
boat launch. The City declined to participate noting that their two existing boat
launch facilities met their needs. County staff analyzed the feasibility of
developing and operating the boat launch on their own, but recommended against
doing so because of the cost, challenging logistics, and lack of demand.
Paul Fafeita, Chapter President of the Coastal Conservation Association, suggested
the Board table the matter.
Chris Pope, 2305 46th Avenue, raised safety concerns for the Youth Sailing
Foundation's adjacent facility.
A motion was made by Vice Chairman Solari, seconded by Commissioner Adams, to
approve staff's recommendation. The motion carried by the following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
12. DEPARTMENTAL MATTERS
A. Community Development
B. Emergency Services
12.8.1. 18-1857 Emergency Operations Center (EOC) AudioNisual System Upgrade
Recommended Action: Staff recommends the Board award the bid to the lowest, responsive and
responsible bidder, IM Solutions, and authorize the Purchasing Division to
issue a Purchase Order for the immediate EOC AN work in the amount of
$108,035.66.
Attachments: Staff Report
A motion was made by Vice Chairman Solari, seconded by Commissioner
Flescher, to approve staffs recommendation. The motion carried by the
following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
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Board of County Commissioners Meeting Minutes - Final May 22, 2018
C. General Services
12.C.1 18-1845 Assignment and License Agreement for Operation of Middleton's Fish Camp
Recommended Action: Staff respectfully recommends that the Board approve the Assignment and
License Agreement and authorize the Chairman to sign.
Attachments: Staff Report
Assignment and License Agreement
Item removed from agenda.
No Action Taken or Required
1. Human Services
2. Sandridge Golf Club
3. Recreation
D. Human Resources
E. Office of Management and Budget
F. Public Works
G: Utilities Services
13. COUNTY ATTORNEY MATTERS
13.A. 18-1859 Customary Use
Recommended Action: The County Attorney's Office recommends the Board determine whether to direct
staff to draft an ordinance relating to the customary use doctrine, to draft an
agreement for permission to access and renourish the area of sandy beach between
the unvegetated dune seaward to the MHWL or ECL, or move forward with the
next steps in establishing a special taxing district.
Attachments: Staff Report
Copy of the draft ordinance from Flagler County
Through a PowerPoint Presentation, Kate Cotner, Assistant County Attorney, and
James Gray, County Coastal Engineer, provided a description and analysis of the
Customary Use Doctrine and the effect House Bill (HB) 631 will have on beach
access and efforts to mitigate beach erosion.
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Board of County Commissioners Meeting Minutes - Final May 22, 2018
It was the Board's consensus to eliminate Option 3, to move forward with the next
steps in establishing a special taxing district, from this meeting's discussion.
The Chairman called a recess at 10:33 a.m., and reconvened the meeting at 10:42
a.m., with all members present.
Commentary by the Board followed. Main discussion points included the urgency
imposed by HB 631, clarification of expiration dates on agreements with property
owners, safeguarding funding for beach renourishment, ensuring public access to
beaches, and protection for nesting turtles.
The following individuals addressed the Board:
Mark Tripson, 5020 12th Street
Tuck Ferrell, 12546 North Highway A 1 A
Bob Johnson, Coral Winds Subdivision
Joseph Paladin, President of Black Swan Consulting
A motion was made by Vice Chairman Solari, seconded by Commissioner Adams, to
approve Option 2: to draft an agreement for permission to access and renourish the
area of sandy beach between the unvegetated dune seaward to the Mean High Water
Line or Erosion Control Line. The motion carried by the following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
13.B. 18-1822 County Attorney's Annual Employment Agreement
Recommended Action: The County Attorney recommends that the Board review the proposed agreement,
and decide whether to approve the agreement and authorize the Chairman to sign it.
Attachments: Staff Report
Proposed County Attorney Employment Agreement
Members of the Board each praised the work and contributions of County Attorney
Dylan Reingold.
The following persons expressed their high regard for Attorney Reingold: Joseph
Paladin, President of Black Swan Consulting; Tuck Ferrell, 12546 North Highway
AIA; Wilfred Hart, 617 19th Place SW; and Ardra Rigby, 8465 59th Avenue.
A motion was made by Commissioner Flescher, seconded by Commissioner Zorc, to
approve the proposed Employment Agreement and authorize the Chairman to sign it.
The motion carried by the following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
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Board of County Commissioners Meeting Minutes - Final May 22, 2018
13.C. 18-1842 City of Vero Beach Electric Utility Sale Letter of Support
Recommended Action: The County Attorney recommends that the Board authorize the chair to modify, if
necessary, and execute the letter and have it submitted prior to or at the Florida
Public Service Commission Agenda Conference.
Attachments: Staff Report
Proposed Letter
Vice Chairman Solari suggested incorporating the following to the letter: The Indian
River County Board of County Commissioners has long believed that the best thing
that could be done for economic development and for providing special help for
many of our low income families would be for all county electric customers to have
[the] lower FPL rates. Chairman O'Bryan approved the proposed change.
A motion was made by Vice Chairman Solari, seconded by Chairman O'Bryan, to
approve staffs recommendation. The motion carried by the following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
14. COMMISSIONERS MATTERS
A. Commissioner Peter D. O'Bryan, Chairman
B. Commissioner Bob Solari, Vice Chairman
C. Commissioner Susan Adams
D. Commissioner Joseph E. Flescher
E. Commissioner Tim Zorc
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
B. Solid Waste Disposal District
The Board reconvened as the Board of Commissioners for the Solid Waste
Disposal District. The minutes will be approved at an upcoming Solid Waste
Disposal District meeting.
15.8.1. 18-1855 Approval of Minutes Meeting of April 17, 2018
Recommended Action: Approve
Attachments: 04172018SW DDdraft
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Board of County Commissioners Meeting Minutes - Final
May 22, 2018
A motion was made by Commissioner Adams, seconded by Commissioner
Flescher, to approve the Solid Waste Disposal District Meeting Minutes of April
17, 2018 as written. The motion carried by the following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
15.8.2. 18-1853 Final Pay for Tenth Amendment to Republic Services for Hurricane Irma
Recommended action: SWDD staff recommends that its Board approve the following: a. Approve the
Final Pay for the Tenth Amendment to Republic Services in the amount of
$125,042.54 for provision of additional services in response to Hurricane Irma
for the non -Class 1 landfill services.
Attachments: Staff Report
Hurricane Irma Final Invoice from Republic Services
Solid Waste Disposal District Managing Director Himanshu Mehta used a
PowerPoint Presentation to illustrate the impact Hurricane Irma had on the
County's Customer Convenience Centers. Director Mehta's analysis broke
down the subcontracting and overtime costs which were provided for under the
Tenth Amendment to Republic Services' contract.
Chairman O'Bryan sought and received feedback on how to encourage citizens
to start their hurricane preparations earlier in the season. The Chairman also
requested photographs of the Oslo Convenience Center's brush disposal process
to be shown at the next meeting.
A motion was made by Vice Chairman Solari, seconded by Commissioner Adams,
to approve staffs recommendation. The motion carried by the following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
15.8.3. 18-1850 Request to Approve the Redevelopment Plan for the Former South Gifford
Road Landfill Site
Recommended Action: Staff is requesting input from the Solid Waste Disposal District Board on the
following: 1. Provide input to the Treasure Coast Regional Planning Council
to finalize and approve the Conceptual Draft Redevelopment Plan for the
Former Gifford Road Landfill, which satisfies Action 13.6 of the 2014 Gifford
Neighborhood Plan; and 2. Direct staff to seek out grants and other funding
sources, and to return with an update on how this plan could be implemented.
Attachments: Staff Report
Himanshu Mehta, Solid Waste Disposal District Managing Director, along with
Stephanie Heidt, Treasure Coast Regional Planning Council, Jill Johnson,
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Board of County Commissioners Meeting Minutes - Final May 22, 2018
Geosyntec, and David Latham, Geosyntec, presented the Conceptual Draft
Redevelopment Plan (the Plan) for the former South Gifford Road Landfill Site.
With aid of a PowerPoint Presentation, the timeline of meetings and community
workshops leading to the Plan was presented. The Presentation expanded upon
the Memorandum of May 9, 2018 with details of the five proposed phases,
associated costs, and possible funding sources.
A discussion among the Commissioners and staff ensued with each stating
his/her concerns, preferences, and visions regarding the Plan. Vice Chairman
Solari elaborated on his reasons for opposition.
The following persons addressed the Board in favor of redevelopment:
Joe Idelette, 4570 57th Avenue
Wilfred Hart, 617 19th Place SW
A motion was made by Commissioner Adams, seconded by Commissioner
Flescher, to approve staffs recommendation. The motion carried by the
following vote:
Aye: 4- Chairman O'Bryan, Commissioner Adams, Commissioner Flescher, and
Commissioner Zorc
Nay: 1 - Vice Chairman Solari
Chairman O'Bryan returned to the previously stated suggestion that Phase I,
Frontage Improvements and an Open Field, would be appropriate to develop as a
stand-alone item.
A motion was made by Vice Chairman Solari, seconded by Commissioner Flescher,
to direct staff to return with a final plan and cost estimate for Phase I, Frontage
Improvements and an Open Field. The motion carried by the following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
C. Environmental Control Board
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
12:22 p.m.
Approved: July 10, 2018
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Board of County Commissioners Meeting Minutes — Final
ATTEST:
Jeffrey . Smith, 6A, CGFO, CGMA
Clerk of Circuit Court and Comptroller
BCC/RDZ/2018 Minutes
Peter D. O'Bryan, Chairman
Approved:
May 22, 2018
JUL 10 2018
Indian River County Florida rage lw