HomeMy WebLinkAbout10/22/2019Indian 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, October 22, 2019
9:00 AM
Commission Chambers
Board of Countv Commissioners
Bob Solari, Chairman, District 5
Susan Adams, Vice Chairman, District 1
Joseph E. Flescher, District 2
Peter D. O'Bryan, District 4
Tim Zorc, District 3
Jason E. Brown, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller
Jacqueline Rizzo, Deputy Clerk
Board of County Commissioners Meeting Minutes - Final October 22, 2019
1. CALL TO ORDER
ROLLCALL
Present: 4 - Chairman Bob Solari
Vice Chairman Susan Adams
Commissioner Joseph Flescher
Commissioner Tim Zorc
Absent: 1 - Commissioner Peter O'Bryan
2. A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS
2. B. INVOCATION
Reverend Scott Alexander, Unitarian Universalist Fellowship of Vero Beach
3. PLEDGE OF ALLEGIANCE
Commissioner Susan Adams
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
A motion was made by Commissioner Flescher, seconded by Vice Chairman Adams,
to approve the Agenda as presented. The motion carried by the following vote:
Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, and Commissioner
Zorc
Absent: 1 - Commissioner O'Bryan
5. PROCLAMATIONS and PRESENTATIONS
6. APPROVAL OF MINUTES
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD
ACTION
8. CONSENT AGENDA
A motion was made by Commissioner Flescher, seconded by Commissioner Zorc, to
approve the Consent Agenda as presented. The motion carried by the following
vote:
Aye: 4- Chairman Solari, Vice Chairman Adams, Commissioner Flescher, and Commissioner
Zorc
Absent: 1- Commissioner O'Bryan
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Board of County Commissioners Meeting Minutes - Final October 22, 2019
8. A. 19-0948 Checks and Electronic Payments August 23, 2019 to August 29, 2019
Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's
office for the time period of August 23, 2019 to August 29, 2019
Attachments: Finance Department Staff Report
Approved
8. B. 19-0947 Checks and Electronic Payments September 27, 2019 to October 3, 2019
Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's
office for the time period of September 27, 2019 to October 3, 2019
Attachments: Finance Department Staff Report
Approved
8. C. 19-0949 Checks and Electronic Payments October 4, 2019 to October 10, 2019
Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's
office for the time period of October 4, 2019 to October 10, 2019
Attachments: Finance Department Staff Report
Approved
8. D. 19-0946 Resolution Canceling Taxes on a Property Purchased by the City of Fellsmere for
Public Purposes
Recommended Action: Authorize the Chairman of the Board of County Commissioners to execute the
Resolution to cancel current and future ad valorem taxes upon the publicly owned
land, and the Clerk to send a certified copy of the Resolution to the Tax Collector
and Property Appraiser so that the current ad valorem taxes and future ad valorem
taxes may be cancelled.
Attachments: Staff Report
Resolution
E -Mail Request
Approved Resolution 2019-094, cancelling certain taxes upon publicly owned lands,
pursuant to Section 196.28, Florida Statutes.
8. E. 19-0952 Waiver of Interest on Demolition Lien
Recommended Action: The County Attorney's Office recommends that the Indian River County Board of
County Commissioners waive the interest, so long as the lien of $2,957.54 is paid
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October 22, 2019
within 120 days. Once paid, the County Attorney's Office recommends that the
Board authorize the County Attorney's Office to prepare a release or satisfaction of
the lien.
Attachments: Staff Report
Approved staffs recommendation
8. F. 19-0953 Resolution Formally Designating Two Parcels of County Owned Property as
Right -Of -Way Located at 5030 26th Street and 5920 26th Street
Recommended Action: Adopt the resolution, and authorize the Chairman to execute same for recordation
in the Public Records of Indian River County, Florida.
Attachments: Staff Report
Resolution
Exhibit "A" (5030 26th Street row)
Exhibit "A" (5920 26th Street row)
Exhibit "B" (5030 25th Street remainder)
Approved Resolution 2019-095, designating certain County owned properties for
right-of-way, and directing the Property Appraiser to cut out the property designated
as right-of-way from the parent parcel (South 115 feet of Lot A, Hampshire
Subdivision, according to the Plat thereof, recorded in Plat Book 2, Page 99 of the
Public Records of Indian River County, Florida) as well as earmarking additional
right-of-way within Tract 16 of Section 32, Township 32 South, Range 39 East, Indian
River County, Florida.
8. G. 19-0955 Resolution Formally Designating a Portion of County Owned Property as
Right -Of -Way Located at 5020 26th Street
Recommended Action: Adopt the resolution, and authorize the Chairman to execute same for recordation
in the Public Records of Indian River County, Florida.
Attachments: Staff Report
Resolution
Exhibit "A" to Resolution
Exhibit "B" to Resolution
Approved Resolution 2019-096, designating certain County owned property for
right-of-way, and directing the Property Appraiser to cut out the property designated
as right-of-way from the Parent Parcel (Metes and Bounds description within Tract 15
of Section 33, Township 32 South, Range 39 East, Indian River County, Florida).
8. H. 19-0954 2020 Oblique Aerial Imagery Acquisition Project
Recommended Action: Staff requests that the Board of County Commissioners classify Pictometry as the
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October 22, 2019
source provider for high-resolution oblique and vertical aerial imagery, waive the
requirement for bids, authorize the execution of the contract with Pictometry as
described in Section A in the amount of $124,585.00, and requests that the Board
authorize the Chairman to sign the agreement and related documents after review
by the County Attorney.
Attachments: Staff Report
Map of Aerial Imagery Coverage and Project Limits
Agreement between Pictometry International Corp. and Indian River
County
Pictometry Insurance
Approved staffs recommendation
8.1. 19-0956 FDOT Local Agency Program (LAP) Agreement and Resolution Authorizing the
Chairman's Signature for 43rd Avenue Sidewalk Improvements from Airport Drive
West to 41st Street (IRC -1503), FM No. 440019-1-58-01
Recommended Action: Staff recommends approval of the Local Agency Program (LAP) Agreement FM
No. 440019-1-58-01 and recommends adopting the Resolution and authorizing the
Chairman to sign the Agreement.
Attachments: Staff Report
IRC Grant Form
Authorizing Resolution
FDOT Local Agency Program (LAP) Agreement
Approved staffs recommendation and Resolution 2019-097, authorizing the
Chairman's execution of a Local Agency Program Agreement with the Florida
Department of Transportation for construction of an 8 -foot wide concrete sidewalk
along the east side of 43rd Avenue from Airport Drive West to 41st Street.
8. J. 19-0963 IRC Courthouse renovation project - ACS keycard security / access systems
Recommended Action: Staff recommends that the Indian River County Board of County Commissioners
approve Securitas ES Inc., as the sole source provider for the installation and
subsequent maintenance of the Lenel Access Control System for the Indian River
County Courthouse. Staff further recommends the Board authorize the ACS work
included in proposal 148795 associated with the Renovation Project in the amount
of $76,748.61 to be completed by Securitas ES Inc.
Attachments: Staff Report
Securitas Court House Renovation Proposal 148795
Approved staffs recommendation
8. K. 19-0964 Third Amendment to Elevated Water Tank Space License Agreement with Sprint
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Board of County Commissioners Meeting Minutes - Final October 22, 2019
Recommended Action: Staff recommends the approval of the Third Amendment to the Elevated Water
Tank Space Agreement and requests that the Board of County Commissioners
authorize the Chairman to execute said Third Amendment on their behalf.
Attachments: Staff Report
Third Amendment to Elevated Water Tank Space License Agreement
Approved staffs recommendation
8. L. 19-0970 Work Order No. 23 with Kimley-Horn for Bulk Caustic Tank Replacement at North
(Hobart) County Reverse Osmosis Water Treatment Plant
Recommended Action: Staff recommends that the Board of County Commissioners approve Work Order
No. 23 with Kimley-Horn, in the amount of $22,000.00, for professional services to
include design, bidding and construction phase assistance to replace the existing
caustic chemical tank at the North (Hobart) County Water Treatment Plant, and
authorize the Chairman to execute said work order on their behalf.
Attachments: Staff Report
Work Order No 23 Bulk Caustic Tank Replacement
Approved staffs recommendation
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
B. PUBLIC DISCUSSION ITEMS
C. PUBLIC NOTICE ITEMS
10. C.1.19-0951 Public Notice of Public Hearing Scheduled for November 5, 2019 to Consider
Hanlex Development, LLC's Request to Rezone +/- 4.40 Acres from CN,
Neighborhood Commercial District, to CL, Limited Commercial District
(Subject Property 1) and Sogra Properties, LLC Request to Rezone +/- 1.037
Acres from CN, Neighborhood Commercial District, to CL, Limited
Commercial District (Subject Property 2) [RZON-99040166-85162]. Subject
Property 1 is located north of South Dike and Ditch (Indian River County/St.
Lucie County line), and east of 27th Avenue SW. Subject Property 2 is located
west of 27th Avenue SW, east of 27th Drive SW, and approximately 315 feet
north of 25th Street SW. [Quasi -Judicial]
Recommended Action: The referenced public hearing item is provided for the Board's information. No
action is needed at this time.
Attachments: Staff Report
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Board of County Commissioners Meeting Minutes - Final October 22, 2019
County Attorney Dylan Reingold read the Public Hearing Notice into the
record.
No Action Taken or Required
11. COUNTY ADMINISTRATOR MATTERS
12. DEPARTMENTAL MATTERS
A. Community Development
12. A.1.19-0957 Affordable Housing Advisory Committee Membership
Recommended Action: Staff recommends that the Board of County Commissioners: 1. Authorize staff
to proceed with preparing an amendment to Chapter 308 of the Indian River
County Code of Ordinances to make Affordable Housing Advisory Committee
membership requirements consistent with amended Florida Statutes; and 2.
Authorize staff to proceed with advertising for a public hearing for the
amendment; and 3. Authorize staff to proceed with preparing an updated
resolution for BCC consideration to adjust Affordable Housing Advisory
Committee Membership requirements to be consistent with state statute; and 4.
Approve the proposed membership make-up of the updated AHAC to consist of
one non-voting BCC liaison and 11 voting members as detailed in the staff
report.
Attachments: Staff Report
Portion of IRC Code Chapter 308
IRC Resolution 2008-038
Florida Statute 420.9076
State/County AHAC Membership
Chief of Long Range Planning Bill Schutt, in his PowerPoint Presentation,
reviewed the purpose of the Affordable Housing Advisory Committee (AHAC),
noting that it was required by the Florida Statutes for jurisdictions that receive
state funding for affordable housing.
Chief Schutt pointed out that AHAC met a total of four (4) times since
December 2018, and there was only a quorum for two of the four meetings.
He stated that County Code Chapter 308 and Resolution 2008-038, adopted on
March 18, 2008, required a larger AHAC membership; however, the AHAC
membership requirement was revised by the Florida Statutes in the year 2016,
requiring a minimum of eight (8) members and a maximum of eleven members,
and must be comprised of six (6) of the eleven member categories listed in the
Statute.
Chief Schutt reviewed the eleven categories and the member attendance, and he
asked the Board to authorize staff to proceed with an amendment to the AHAC
membership requirements to be consistent with the amended Florida Statutes.
He proposed that the AHAC membership consist of eleven voting members
with five (5) representatives from the first five categories of membership,
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Board of County Commissioners Meeting Minutes - Final October 22, 2019
one (1) representative from each of the five (5) Municipalities, the eleventh
member would be a representative from either category 6, 7, or 8, and one (1)
non-voting BCC liaison. Chief Schutt felt these actions would allow the
AHAC to more easily achieve a quorum and would bring the County's AHAC
size into compliance with state requirements.
A discussion ensued among the members of the Board, who agreed that the
AHAC should be comprised of people who are engaged in solving the issues in
front of them and a quorum to make decisions.
A motion was made by Vice Chairman Adams, seconded by Commissioner
Flescher, to approve Staffs Recommendation and for the Affordable Housing
Advisory Committee (AHAC) to be comprised of the first five (5) category
members, one (1) representative from each of the five (5) Municipalities, and
giving staff the flexibility to pick one (1) representative from categories 6, 7, or 8
for a total of eleven members and one (1) non-voting Board of County
Commissioner Liaison. The motion carried by the following vote:
Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, and
Commissioner Zorc
Absent: 1 - Commissioner O'Bryan
12. A.2.19-0958 Establishment of a Census 2020 Complete Count Committee
Recommended Action: Staff recommends that the Board of County Commissioners establish a Census
2020 Complete Count Committee with membership and characteristics as
specified in the staff report.
Attachments: Staff Report
Roland DuBlois, Community Development Director, presented a PowerPoint
presentation for the establishment of the Complete Count Committee for the
2020 Census. He mentioned that it was mandated by the U.S. Constitution for
the United States Census Bureau to take a census every ten (10) years.
Director DuBlois went on to say how important it was that every resident was
accounted for, that the census would determine the amount of federal and state
funds the local government would receive over the next ten (10) years, as well
as affecting the future re -districting and representation at the state and federal
government levels.
Director DuBlois recommended that they establish the Complete Count
Committee and name it IRC Census 2020 Community Action Committee;
this committee would be active until June 2020. He defined the
composition of the 15 member committee as follows: one (1) County
Commissioner, one (1) representative from each Municipality (5 total), two
(2) representatives from Gifford, one (1) representative from Oslo, one (1)
representative from Wabasso, one (1) representative from Fellsmere, one (1)
representative from the School Board, one (1) representative from a
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Board of County Commissioners Meeting Minutes - Final October 22, 2019
local -faith based organization, and one (1) representative from the local media.
He concluded that a representative from the U.S. Department of Commerce was
present to answer any questions.
Chairman Solari questioned the need for two (2) representative in Gifford and
only one representative from Fellsmere. Director DuBlois pointed out it is
population related, and explained this was the approach that was followed in
2010.
The Chairman opened the discussion to public comments.
Mr. Robert Loring, U.S. Department of Commerce, thanked the Board for their
consideration of the Complete Count Committee.
Commissioner Flescher communicated that he had participated in the 2010
Census, and talked about the volunteers' efforts to promote awareness, and an
understanding of the Census.
Commissioner Zorc pointed out that the estimated value for every person
counted in the census was $1,700 per year, times ten (10) years allocated by the
federal government to our area.
A motion was made by Vice Chairman Adams, seconded by Commissioner
Flescher, to approve staffs recommendation with Vice Chairman Adams
volunteering to fill the County Commissioner seat. The motion carried the
following vote:
Aye: 4- Chairman Solari, Vice Chairman Adams, Commissioner Flescher, and
Commissioner Zorc
Absent: 1 - Commissioner O'Bryan
B. Emergency Services
C. General Services
1. Human Services
2. Sandridge Golf Club
3. Recreation
D. Human Resources
E. Office of Management and Budget
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F. Public Works
G Utilities Services
13. COUNTY ATTORNEY MATTERS
13. A. 19-0945 11th Drive Project Developer's Agreement
Recommended Action: The County Attorney's Office recommends the Indian River County Board of
County Commissioners approve and authorize the chair to execute the developer's
agreement.
Attachments: Staff Report
Developer's Agreement - Russell-Riverfront 10.9.19
Exhibit A
Exhibit B
Exhibit C
Dylan Reingold, County Attorney, pointed out the Capital Improvement Element
(CIE), included an alternative to the widening of the 37th Street, which is the
Aviation Extension Project. He continued that staff had negotiated a developer's
agreement with the property owners, Virginia W. Russell Family, Ltd., and
Riverfront Groves, Inc. for dedication of the right-of-way, and the design,
permitting, and construction of 11 th Drive from the south boundary of the Virginia
Russell Property to 41 st Street. He explained that in the next six months, both
property owners, as part of the developer's agreement, will dedicate a 60 foot
right-of-way, and the property owners will receive impact fee credits in exchange
for the dedication.
Attorney Reingold concluded that an engineer's cost estimate for the design,
permitting, and construction costs associated with the project would be presented to
the Board for their approval prior to commencing the project.
A motion was made by Vice Chairman Adams, seconded by Commissioner Zorc, to
approve staffs recommendation. The motion carried by the following vote:
Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, and Commissioner
Zorc
Absent: 1 - Commissioner O'Bryan
13. B. 19-0950 Request for Closed Attorney -Client Session Relating to Ocean Concrete, Inc. and
George Maib vs. Indian River County (Case No.: 312007CAO11589)
Recommended Action: The County Attorney recommends that the Board schedule a closed attorney-client
session to occur at 10:30 AM on November 5, 2019.
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Attachments: Staff Report
Dylan Reingold, County Attorney, requested to schedule an Attorney Client Session
consistent with the Florida Statutes, with the Board of County Commissioners
(BCC) concerning the Ocean Concrete, Inc. case, for a time certain at 10:30 a.m. on
November 5, 2019. Discussion would be confined to settlement negotiations and
strategies related to litigation expenditures. The attendees to be present at the
session would be the Board, the County Administrator, the County Attorney,
outside Counsel Paul Berg, and a certified court reporter. Attorney Reingold
expected the session to last approximately 45 minutes.
A motion was made by Vice Chairman Adams, seconded by Commissioner Flescher,
to approve staffs recommendation. The motion carried by the following vote:
Aye: 4- Chairman Solari, Vice Chairman Adams, Commissioner Flescher, and Commissioner
Zorc
Absent: 1- Commissioner O'Bryan
14. COMMISSIONERS MATTERS
A. Commissioner Bob Solari, Chairman
B. Commissioner Susan Adams, Vice Chairman
C. Commissioner Joseph E. Flescher
D. Commissioner Peter D. O'Bryan
E. Commissioner Tim Zorc
Commissioners Open Dialogue
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
B. Solid Waste Disposal District
The Board of County Commissioners reconvened as the Board of Commissioners
of the Solid Waste Disposal District. The minutes will be approved at an
upcoming Solid Waste Disposal District meeting.
15. B.1.19-0971 Recycling at Charter Schools
Recommended Action: Staff recommends the Solid Waste Disposal District Board approve the funding of
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up to $2,000 to support the expansion of the school recycling program to the five
county charter schools.
Attachments: Staff Report
Susan Flak, Recycling Education and Marketing Coordinator, stated that she had
been working with the five (5) charter schools in the County on the recycling
expansion program to establish a robust campus -wide recycling program at each
school. She mentioned that SWDD was awarded a monetary grant of $2,500 from
Waste Management's Think Green Grant Program. Ms. Flak added that the cost
for the recycling program would be approximately $4,500, and was requesting that
the SWDD Board approve the provision of an additional $2,000 needed to support
the expansion of the recycling program for the charter schools.
Sherry Matthew, a Science Teacher at Imagine South Vero Charter School, spoke
that she had been educating her students on recycling. She thanked the Board and
Waste Management for supporting the charter schools.
A motion was made by Vice Chairman Adams, seconded by Commissioner Flescher,
to approve staffs recommendations. The motion carried by the following vote:
Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, and Commissioner
Zorc
Absent: 1 - Commissioner O'Bryan
15. B.2.19-0972 Ranking of Firms for RFP 2019045 - Yard Waste Processing and Recycling
Recommended Action: Staff recommends the Board approve the selection committee's final ranking of
firms and authorize negotiations with the top ranked firm, and subsequently ranked
firms should negotiations with the top ranked firm fail.
Attachments: Staff Report
Letter of Protest from Atlas Organics
Response to Protest from Atlas Organics
Letter of Protest from PJs Land Clearing
Response to Protest from PJs Land Clearing
Mr. Mulch 90 -Day Notice of Termination
Director of Utility Services Vincent Burke presented the Ranking of Firms for
Request for Proposal (RFP) 2019045 for Yard Waste Processing and Recycling
Service. He stated that the Solid Waste Disposal District (SWDD), in conjunction
with the Purchasing Department, issued a Request for Proposal RFP2019045, of
which there were seven (7) proposals received.
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Board of County Commissioners Meeting Minutes - Final October 22, 2019
Director Burke announced the top three ranking firms were: 1) Bankers
Maintenance and Inspection (BMI), Vero Beach, FL; 2) Justin Industries,
Loxahatchee, FL; and 3) Atlas Organics, Spartanburg, SC.
He pointed out that the selection committee interviewed the top three ranking firms
and developed an overall final ranking of the firms and summarized in detail the
proposals submitted, the interview process used to determine the selection of the
final ranking firm and recommended that Atlas Organics be awarded the project.
Chairman Solari opened the floor for public comments.
Commissioner Zorc asked whether any of the other firms had included specific
dollars for infrastructure in their costs, as did Atlas Organics. Director Burke
replied that Justin Industries proposed to put up office structures and a 30' x 40'
cement slab for their equipment.
Mike Hooker, representing BMI, along with Jason Disbrow, representing PJ's Land
Clearing and Excavating, Inc. (PJ's), bidders of the proposed RFP, stated that they
were both local companies and were willing to joint venture the proposed RFP.
Mr. Hooker was unaware of the need to include infrastructure, but entertained it.
They highlighted the number of years of experience between both companies,
emphasized that they were local business owners and would be able to respond
immediately if any issues arose, would employ local people, and had the necessary
equipment to perform the contract. They asked the Board to re -consider their
proposal.
Commissioner Flescher sought clarification from Director Burke on whether part of
the Selection Committee's decision to change the ranking was based on the bidder
providing additional infrastructure. Director Burke made the Board aware that
Atlas Organics was willing to invest $250,000 in infrastructure on the SWDD
property at no cost to the County, but affirmed it was not the only deciding factor.
He added that Atlas' price proposal, qualifications, and experience were among the
deciding factors.
SWDD Managing Director Himanshu Mehta responded to Commissioner
Flescher's concern with Atlas Organics two (2) month start-up delay, stating that
they needed time to move their equipment and hire local staff.
A discussion ensued regarding the re -ranking, with Director Mehta explaining that
during the interview process with BMI, the Selection Committee was not
comfortable with the feedback or the reference review provided by BMI. He
added that BMI would need to purchase additional equipment, and there was not a
joint venture with PJ's at the time of the bid. He continued that during the
interview process with Atlas Organics, there was nothing but positive feedback
from other government entities in North Carolina and South Carolina.
Jim Davis, Vice President of Business Development at Atlas Organics, pointed out
that they have a positive track record with Municipal governments in North
Carolina and South Carolina, and their philosophy was to be involved within the
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Board of County Commissioners Meeting Minutes - Final October 22, 2019
communities, and were very involved in educating students about recycling. Mr.
Davis thanked the Board for considering Atlas Organics.
Commissioner Zorc inquired about the end use of the material that was collected by
Atlas Organics, with Mr. Davis replying that the product would be turned into
compost.
Chairman Solari closed the floor for open discussion.
A motion was made by Vice Chairman Adams, seconded by Commissioner Zorc, to
approve staffs recommendation. The motion carried by the following vote:
Aye: 3- Chairman Solari, Vice Chairman Adams, and Commissioner Zorc
Nay: 1- Commissioner Flescher
Absent: 1- Commissioner O'Bryan
C. Environmental Control Board
16. ADJOURNMENT
There being no further business, the Chairman adjourned the meeting at 10:13 a.m.
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Board of County Commissioners Meeting Minutes — Final October 22, 2019
7"Ilezy' /#r; ij
Jeffrey R. Smith, CPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
A 3 11,2020
By: Approved:
eputy Clerk
BCC/JLR/2019 Minutes
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