Indian River County  
Administration Complex  
1801 27th Street, Building  
A
Indian River County Florida  
Vero Beach, Florida,  
32960-3388  
Meeting Minutes - Final  
www.indianriver.gov  
Board of County Commissioners  
Susan Adams, District 1, Chairman  
Joseph Flescher, District 2, Vice Chairman  
Joseph H. Earman, District 3  
Deryl Loar, District 4  
Laura Moss, District 5  
John A. Titkanich, Jr., County Administrator  
William K. DeBraal, County Attorney  
Ryan L. Butler, Clerk of the Circuit Court and Comptroller  
Tuesday, March 19, 2024  
9:00 AM  
Commission Chambers  
1. CALL TO ORDER  
5 -  
Present:  
Chairman Susan Adams  
Vice Chairman Joseph Flescher  
Commissioner Joe Earman  
Commissioner Laura Moss  
Commissioner Deryl Loar  
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF  
THE ARMED FORCES  
2.B. INVOCATION  
Sheriff Eric Flowers  
3. PLEDGE OF ALLEGIANCE  
William K. DeBraal, County Attorney  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Moss, to approve the Agenda as presented. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
5. PROCLAMATIONS and PRESENTATIONS  
24-0236  
5.A.  
Presentation of Proclamation Recognizing the Week of March 17, 2024 as National  
Surveyors Week  
Recommended Action:  
Recommend Read and Present  
Attachments: Proclamation  
Vice President of the Indian River chapter of the Florida Surveying and Mapping  
Society Bob Johnson accepted the Proclamation and discussed the variety of  
surveyors' work from infrastructure planning to property boundary determination. He  
made mention there was a need for surveyors, and entered into discussion with the  
Board on the evolution of the profession and the importance of safety considerations.  
Read and Presented by Commissioner Loar  
24-0251  
5.B.  
Presentation of Proclamation Achieving Excellence: Proclamation for the School  
District of Indian River County Attaining an "A" Grade  
Recommended Action:  
Recommend Read and Present  
Attachments: Proclamation  
Superintendent of the School District of Indian River County (SDIRC) Dr. Moore  
acknowledged the time and effort teachers, administrators, staff, and coaches put into  
their jobs to make the SDIRC an A-rated district. The Board thanked Dr. Moore and  
the representatives from the SDIRC who joined in accepting the Proclamation.  
Read and Presented by Commissioner Moss  
24-0268  
5.C.  
Presentation of Proclamation Recognizing Indian River County as a Moonshot  
Community For Literacy  
Recommended Action:  
Recommend Read and Present  
Attachments: Proclamation  
Barbara Hammond, CEO and Co-Founder of the Learning Alliance, shared the  
organization's journey to increase literacy rates in the County using science and  
research. At the ten-year mark of the Moonshot Moment, the County had reached a  
63 percent literacy rate among third graders, and ranked number five (5) in the state.  
School Superintendent Dr. Moore thanked the Learning Alliance for their dedication  
and service to the County's children.  
Read and Presented by Chairman Adams  
6. APPROVAL OF MINUTES  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
24-0227  
7.A.  
Distinguished Budget Presentation Award  
No Action Required  
Recommended Action:  
Attachments: Staff Report  
Result Letter  
Budget Award  
Certificate of Recognition  
Press Release  
No Action Taken or Required  
24-0244  
7.B.  
Code Enforcement Complaint Intake  
Attachments: Staff Report  
Commissioner Loar requested clarification regarding the practice of having  
Commissioners stand-in as complainants for constituents who wished to report code  
violations anonymously. Deputy County Attorney Susan Prado informed Florida State  
Statute 162.21(3)(b) required citizens to leave a name and address when reporting a  
code violation; staff could not respond to anonymous complaints. However Attorney  
Prado confirmed there was no precedent barring Commissioners from acting as  
complainant on behalf of their constituent, if they chose.  
Chairman Adams noted the issue had been raised at a recent Florida Association of  
Counties' (FAC) meeting, and it was not an uncommon practice for an elected official  
to act as the complainant on behalf of a constituent who wished to remain anonymous  
when reporting a code violation.  
No Action Taken or Required  
24-0246  
7.C.  
The Hospital District's Public Official Bonds for Michael Kint, Paul Westcott, William  
Cooney, and Continuation Certificates for Marybeth Cunningham and Kerry Bartlett  
have been received from the Law Offices of Attorney Jennifer D. Peshke. The Bonds  
are on File in the Office of the Clerk to the Board.  
Recommended Action:  
Information Only  
Attachments: Hospital District Bonds  
No Action Taken or Required  
24-0247  
7.D.  
Introducing the Opening of the New Dick Bird Disc Golf Course  
Recommended Action:  
There is no action required by the BoCC at this time as this is being presented for  
informational purposes only.  
Attachments: Staff Report  
No Action Taken or Required  
24-0262  
7.E.  
WWII Tribute March 23, 2024  
No action required  
Recommended Action:  
Attachments: WWII Tribute Flyer  
No Action Taken or Required  
8. CONSENT AGENDA  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Loar, to approve the Consent Agenda as presented. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
24-0229  
8.A.  
Miscellaneous Budget Amendment 04  
Recommended Action:  
Staff recommends the Board of County Commissioners approve the budget resolution  
amending the fiscal year 2023-24 budget  
Attachments: Staff Report  
2023 2024 Resolution  
Exhibit "A"  
Approved staff's recommendation and Resolution 2024-009, amending the fiscal  
year 2023-2024 budget.  
Award of Bid 2024031 for New Restroom Facility at Fran B. Adams North County  
Regional Park  
24-0214  
8.B.  
Recommended Action:  
Staff recommends the Board award Bid 2024031 to De La Hoz Builders, approve  
the agreement, and authorize the Chairman to sign the agreement after receipt and  
approval of the agreement and the required public construction bond by the County  
Attorney as to form and legal sufficiency, and after receipt and approval of the  
required insurance by the Risk Manager. So long as there are no changes in the  
dollar amount under the agreement, upon adequate completion of the work set forth in  
the agreement, staff is directed to make final payment and release any retainage to De  
La Hoz Builders, after review and approval by the Purchasing Manager and the  
County Attorney’s Office.  
Attachments: Staff Report  
Agreement  
Approved staff's recommendation  
24-0216  
8.C.  
Award of Bid 2024033 - Annual Right-of-Way Mowing  
Recommended Action:  
Staff recommends the Board award Bid 2024033 to STS Maintain Services  
(Sections 1 and 3), Jeffery Hogues Lawncare (Section 2), Fullers Lawn Care  
(Section 4), Kerner Environmental (Section 5), and BrightView Landscape Services  
(Section 6) and authorize the Purchasing Division to issue blanket purchase orders  
with the selected contractors. Staff also recommends the Board authorize the  
Purchasing Manager to renew this bid at the same rates 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.  
Attachments: Staff Report  
Approved staff's recommendation  
24-0225  
8.D.  
Approval of Agreement for RFP 2024014 - Jones’ Pier Conservation Area  
Design & Fabrication of Interpretive Center Exhibits  
Recommended Action:  
Staff recommends the Board approve the agreement, and the cost attached  
for Ritacco  
&
Chan Architecture, LLC, and authorize the Chairman to  
execute the agreement after review and approval by the County Attorney as  
to form and legal sufficiency.  
Attachments: Staff Report  
Agreement  
Staff Report (Jan 23) - Award & Negotiation  
Approved staff's recommendation  
24-0232  
8.E.  
Second Extension and Amendment to Agreement for Disaster Debris Monitoring  
Services (RFP 2019062)  
Recommended Action:  
Staff recommends the Board approve the Second Extension and Amendment and  
authorize the Chairman to sign it after the County Attorney has approved it as to form  
and legal sufficiency.  
Attachments: Staff Report  
Second Extension and Amendment  
Approved staff's recommendation  
24-0239  
8.F.  
Award of Bid 2024038 - Annual Custodial Services for County Buildings  
Recommended Action:  
Staff recommends the Board award the custodial services to: American Facility  
Services, Inc. (Group 1) and CER Signature Cleaning (Group 2). Staff further  
recommends the Board approve the sample agreement and authorize the Chairman to  
execute it after review and approval by the County Attorney as to form and legal  
sufficiency and after the required certificates of insurance have been received and  
approved by the Risk Manager. Staff also recommends the Board authorize the  
Purchasing manager to renew this agreement, under the same terms and conditions for  
two additional one-year periods subject to satisfactory performs, vendor acceptance,  
and determination by the Department that renewal of this agreement is in the best  
interest of Indian River County.  
Attachments: Staff Report  
Sample Agreement  
American Facility Services Pricing  
CER Signature Pricing  
Approved staff's recommendation  
24-0243  
8.G.  
Award of RFP 2024032 for a Vulnerability Assessment Study  
Recommended Action:  
Staff recommends the Board approve the final ranking of firms, award the RFP to  
Tetra Tech, Inc., and after the receipt and approval of the required insurance by the  
Risk Manager, 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  
Agreement  
Approved staff's recommendation  
24-0238  
8.H.  
Approval of Renewal for a Class "B" Certificate of Public Convenience and Necessity  
for Coastal Health Systems of Brevard, Inc. to Provide Interfacility Ambulance  
Transportation Services  
Recommended Action:  
Staff respectfully recommends that the Board of County Commissioners approve  
renewal of the Class "B" Certificate of Public Convenience and Necessity for Coastal  
Health Systems of Brevard, Inc. to be effective for a period of two (2) years from  
May 4, 2024 to May 4, 2026.  
Attachments: Staff Report  
Coastal Health Systems of Brevard Application  
Coastal Health Systems of Brevard Certificate  
Approved staff's recommendation  
24-0240  
8.I.  
Indian River County Stormwater Management Plan, Environmental Science  
Associates, Work Order No. 1  
Recommended Action:  
Staff recommends the BCC approve Environmental Science Associates Work Order  
No. 1 in the amount of $475,629.00 for professional water resource engineering  
support services associated with supporting County staff in meeting the data collection  
and analyzing and prioritizing the County Stormwater Needs and developing a  
Stormwater Management Plan.  
In addition, staff recommends that the Board  
authorize the Chairman to execute Work Order No. 1.  
Attachments: Staff Report  
IRC Stormwater Management Plan Scope  
Work Order #1 Execution Form  
Approved staff's recommendation  
24-0189  
8.J.  
Dick Bird (South County) Regional Park Disc Golf Course Adopt-A-Park by  
Discography Disc Golf  
Recommended Action:  
Staff respectfully requests that the Board of County Commissioners approve the  
attached adoption agreement and authorize the Chairman to execute the same after  
review and approval for legal sufficiency by the County Attorney.  
Attachments: Staff Report  
Adopt A Park Agreement  
Adopt-A-Park Program  
Approved staff's recommendation  
24-0226  
8.K.  
Request for Use of Holman Stadium for Annual Sawbones vs. Jawbones Event to be  
held May 17, 2024  
Recommended Action:  
Staff respectfully requests that the Board of County Commission approve the  
Agreement, authorize the Chairman to sign and grant the User Group’s request for  
waiver of the standard security deposit required by the Stadium Use Agreement.  
Attachments: Staff Report  
Use Agreement  
Approved staff's recommendation  
24-0197  
8.L.  
Memorandum of Agreement between the Florida Fish and Wildlife Conservation  
Commission and Indian River County for Boating Ramp Projects and Maintenance  
Recommended Action:  
Staff respectfully request that the Board of County Commissioners approve this  
Memorandum of Agreement #19202 and authorize the Chairman to execute the same  
after review and approval for legal sufficiency by the County Attorney  
Attachments: Staff Report  
Memorandum Of Agreement  
Approved staff's recommendation  
24-0234  
8.M.  
Public Transportation Grant Agreement (PTGA) with the Florida Department of  
Transportation (FDOT) for a Service Development Grant  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the attached  
Public Transportation Grant Agreement and adopt the resolution authorizing the  
Chairman to sign the agreement.  
Attachments: Staff Report  
Resolution  
Agreement  
Budget Form  
Approved staff's recommendation and Resolution 2024-010, authorizing the  
execution of a Public Transportation Grant Agreement with the Florida  
Department of Transportation.  
Request for Release of a Ten-Foot Conservation Easement at 5180 95th Street  
24-0144  
8.N.  
Recommended Action:  
Staff recommends that the Board, through adoption of the attached Resolution, approve  
the release of a ten-foot conservation easement at 5180 95th Street.  
Attachments: Staff Report  
Aerial of Subject Property  
The River Boat Club Final Plat  
Map Depicting Easement for Release  
Proposed Resolution  
Approved staff's recommendation and Resolution 2024-011, releasing a  
conservation easement of Lot 3 of the River Boat Club Subdivision.  
24-0249  
8.O.  
West Wabasso Phase 3 Septic to Sewer (S2S) FDEP Cost-Share Funding  
Agreement (DEP Agreement No. WG001) Change Order No. 1  
Recommended Action:  
Staff recommends the Board of County Commissioners authorize the Director of  
Utility Services or designated representative to sign the Department of Environmental  
Protection Agreement No. WG001 - Change Order No. 1 and all necessary  
documents to effectuate the grant time extension.  
Attachments: Staff Report  
Change Order No 1  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
PROOF OF PUBLICATION FOR THESE HEARINGS IS ON FILE IN THE  
OFFICE OF THE CLERK TO THE BOARD.  
24-0228  
10.A.1.  
Miscellaneous Budget Amendment 03  
Recommended Action:  
Staff recommends the Board of County Commissioners approved the budget  
resolution amending the fiscal year 2023-24 budget  
Attachments: Staff Report  
2023 2024 Resolution  
Exhibit "A"  
Public Hearing Advertisement  
County Attorney Bill DeBraal introduced the item and noted that State Statute  
required a public hearing when the budget was amended to allocate actual cash  
balance dollars.  
The Chairman opened the public hearing. There being no comments, the  
Chairman closed the public hearing.  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Earman, to approve Resolution 2024-012, amending the fiscal year 2023-2024  
budget. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman,  
Commissioner Moss, and Commissioner Loar  
24-0242  
10.A.2.  
Consideration of Mod Units LLC., Request For an Economic Development Ad  
Valorem Tax Exemption (Tax Abatement) [Legislative]  
Recommended Action:  
Based on the analysis conducted, staff and the EDC have determined that the  
proposed Mod Units LLC., facility qualifies for the County’s tax abatement  
program.  
Attachments: Staff Report  
Indian River County Tax Abatement Ordinance  
Mod Units LLC. Tax Abatement Application  
Economic Development Policy 2.5  
Tax Abatement Scoring Guidelines  
Preliminary Scoring and Tax Abatement Amounts  
Chamber of Commerce Report  
Property Appraisers Office Report  
Ordinance for Mod Units LLC. Exemption  
Agreement with Mod Units LLC.  
Chief of Long Range Planning Chris Balter presented Mod Units LLC.'s request  
for tax abatement, as the company expanded its existing location and projected  
the creation of twenty-four (24) full-time jobs building modular housing units. Mr.  
Balter's presentation detailed the review process, evaluation scorecard,  
conclusion, and staff's recommendation for approval. It was noted the Indian  
River County Chamber of Commerce and the Economic Development Council  
(EDC) had recommended approval of the tax abatement request.  
The Chairman opened the public hearing. There being no comments, the  
Chairman closed the public hearing.  
A motion was made by Commissioner Moss, seconded by Vice Chairman  
Flescher, to adopt Ordinance 2024-006, creating a new Section 1100.16  
(Economic Development Ad Valorem Tax Exemption granted to Mod Units  
LLC. (“Business”)) of Chapter 1100 (Economic Development Ad Valorem Tax  
Exemption) of Title XI (Economic Development Ad Valorem Tax Exemption)  
of the Code of Indian River County granting an economic development ad  
valorem tax exemption to Mod Units LLC.; making findings and providing for  
severability, codification and an effective date. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman,  
Commissioner Moss, and Commissioner Loar  
B. PUBLIC DISCUSSION ITEMS  
24-0177  
10.B.1.  
Request to Speak from Siobhan McGoorty of State Attorney's Office re: Sexual  
Assault Awareness Month  
Attachments: Request to Speak  
County Administrator John Titkanich provided details of Sexual Assault  
Awareness Month, filling in for Siobhan McGoorty who was unable to present.  
Administrator Titkanich furnished statistics on the prevalence of sexual assault,  
and discussed events during the month of April to raise awareness of sexual  
violence.  
No Action Taken or Required  
C. PUBLIC NOTICE ITEMS  
11. COUNTY ADMINISTRATOR MATTERS  
24-0265  
11.A.  
IRC Strategic Plan Formulation  
Recommended Action:  
Based on the extensive experience that consultants Dr. Saviak and Dr. Levey bring to  
the process, and to provide consistency, it is recommended that the requirement for bids  
be waived, and that the attached formal proposal to facilitate the design, implementation,  
and evaluation of Strategic Planning development, be accepted at the proposed rate of  
$45,000 plus normal expenses associated with travel as outlined in the document.  
Attachments: Staff Report  
Proposal  
County Administrator John Titkanich led discussion of the proposal to create a  
Five-year Strategic Plan (Plan) for the County which would operationalize the goals  
from the Goal-Setting Workshop which were accepted on February 20, 2024. A  
proposal for the Plan was submitted by Drs. Saviak and Levey, who led the previous  
workshop. Administrator Titkanich reviewed the steps, which included public input,  
and estimated the completion of the Plan in November of 2024. He requested the  
requirement for bids be waived for consistency and experience.  
Commissioner Loar noted it had been more than twenty (20) years since the County  
had a strategic plan. Commissioner Moss received confirmation that a web page  
could be created with a section for the public to submit comments.  
A motion was made by Commissioner Loar, seconded by Chairman Adams, to  
approve staff's recommendation. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
12. DEPARTMENTAL MATTERS  
A. Community Services  
B. Emergency Services  
C. Human Resources  
D. Information Technology  
E. Natural Resources  
F. Office of Management and Budget  
G. Parks, Recreation, and Conservation  
H. Planning and Development Services  
24-0241  
12.H.1.  
Updated Liberty Park Conceptual Planned Development Plan  
Recommended Action:  
Staff recommends that the Board of County Commissioners review the updated  
Liberty Park conceptual PD plan and determine its consistency with the BCC’s  
adopted CDD guidelines.  
Attachments: Staff Report  
Previously Approved Conceptual PD Plan  
Updated Conceptual PD Plan  
Assistant Planning and Development Services Director Ryan Sweeney presented  
updates to the Liberty Park Conceptual Planned Development Plan (Plan).  
Following a timeline of the project, Mr. Sweeney analyzed the changes to the Plan  
and confirmed that each change was consistent with the approved amended  
Developer's Agreement. Before and after illustrations were shown and confirmed  
adherence to the County's established Community Development District (CDD)  
guidelines. Mr. Sweeney noted these changes would typically be approved at the  
staff level, and this update was presented out of an abundance of caution for the  
County's first CDD project.  
Under discussion, Chairman Adams discussed the connection of 64th Avenue to  
81st Street on the eastern side of the development, which developers added in  
response to the community's traffic concerns. Mr. Sweeney and Andy Sobczak,  
Planning and Services Director, provided information to Commissioner Moss  
regarding the revised number of units, open space, park acreage, and greenway  
connection. Mr. Sweeney confirmed that though the retention ponds were larger,  
the park acreage remained in compliance. The Board also received confirmation  
the amended Developer's Agreement provided the County with land for a future  
fire station.  
A motion was made by Commissioner Loar, seconded by Vice Chairman  
Flescher, to approve staff's recommendation. The motion carried by the  
following vote:  
4 -  
Aye:  
Nay:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, and  
Commissioner Loar  
1 - Commissioner Moss  
I. Public Works  
J. Utilities Services  
24-0253  
12.J.1.  
One Water Pilot Project, Application for Funding from St Johns River Water  
Management District Cost-Share Program, Water Research Foundation Tailored  
Collaboration Program  
Recommended Action:  
Staff recommends that the Indian River County Board of County Commissioners  
approve the Department of Utility Services to proceed with submitting  
applications for the St Johns River Water Management District Cost-Share  
Program and Water Research Foundation Tailored Collaboration Program for  
the One Water Pilot Project, and further to submit additional applications for  
other appropriate funding or grants that may be identified, and to authorize the  
County Administrator or designee to sign the application forms on its behalf. If  
any awards are received, separate agenda items will be brought to the Board of  
County Commissioners at future dates outlining agreement terms, funding, and to  
request appropriate actions.  
Attachments: Staff Report  
Utility Services Director Sean Lieske appeared before the Board requesting  
approval to apply for participation in the One Water Pilot Project, which would  
study the feasibility of reuse potable water, and to apply for any related grants.  
Mr. Lieske noted that the County's growth necessitated exploring additional water  
sources, and options to dispose of reuse water. Howard Richards, Capital  
Projects Manager, provided statistics on water usage, and discussed other utilities  
in the State pursuing similar studies.  
A motion was made by Commissioner Loar, seconded by Vice Chairman  
Flescher, approved staff's recommendation. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman,  
Commissioner Moss, and Commissioner Loar  
13. COUNTY ATTORNEY MATTERS  
24-0250  
13.A.1.  
Demolition Lien Reduction - 43 Highlands Dr SW, Vero Beach, FL 32962  
Recommended Action:  
The County Attorney’s Office recommends that the Indian River County Board of  
County Commissioners waive 90% of the accrued interest, so long as the lien and  
10% of the outstanding interest for a total of $6,966.13 is paid within 60 days and  
that once paid, the Board authorizes the Chairman to execute a release of the lien.  
Attachments: Staff Report  
Boodhoo Demo Lien  
Boodhoo tax deed  
Deputy County Attorney Susan Prado came before the Board on behalf of a  
constituent seeking a lien reduction. Prior to their purchase of the property, a  
demolition lien had been recorded in the amount of $6,538.54 and now totaled  
$10,814.45 with accrued interest. Ms. Prado noted in past similar cases, the Board  
offered to waive all but 10 percent of the interest as long as the lien plus the reduced  
interest was paid in 60 days. The revised cost to release the lien would be $6,966.13;  
the new owners planned to build their home on the land.  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Earman, to approve staff's recommendation. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
14. COMMISSIONERS MATTERS  
A. Commissioner Susan Adams, Chairman  
B. Commissioner Joseph E. Flescher, Vice Chairman  
C. Commissioner Joseph H. Earman  
D. Commissioner Deryl Loar  
E. Commissioner Laura Moss  
The Chairman called for a recess at 10:07 a.m., and reconvened the meeting at 10:13  
a.m.  
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.  
24-0252  
15.B.1.  
Renewal with Tiger Inc for Sale and Purchase of Natural Gas  
Recommended Action:  
Staff recommends approval from the Solid Waste Disposal District Board to  
approve the Transaction Confirmation #3 with Tiger, Inc. for Sale and Purchase  
of Natural Gas, and authorize the Chairman to sign the necessary documents to  
effectuate the approval.  
Attachments: Staff Report  
Transaction Confirmation #3  
Himanshu Mehta, Managing Director of the Solid Waste Disposal District,  
requested the Board's approval of an extension to the agreement with Tiger, Inc.  
for the sale and purchase of natural gas. Director Mehta explained Tiger, Inc. was  
a third party which provided the natural gas used in the leachate evaporator  
project at a fixed cost which was less expensive than purchasing the gas directly.  
A motion was made by Commissioner Loar, seconded by Vice Chairman  
Flescher, to approve staff's recommendation. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman,  
Commissioner Moss, and Commissioner Loar  
24-0289  
15.B.2.  
Consent and Agreement with Pathward, NA for Nopetro’s Landfill Gas  
Construction Loan  
Recommended Action:  
The County Attorney’s Office recommends that the Board, acting in its capacity  
as the Solid Waste Disposal District, discuss the Consent and Agreement, weigh  
the risks against the benefits of the Consent and approve the Consent and  
authorize the Chairman to execute the Consent and Agreement on behalf of the  
Solid Waste Disposal District.  
Attachments: Staff Report  
Consent and Agreement  
County Attorney Bill DeBraal presented the Consent and Agreement document  
related to the construction of the landfill gas facility project, as discussed at the  
January 23, 2024 Board meeting where the final Nopetro Eco District LLC's  
contract was approved. Nopetro's lender, Pathward, NA, requested the Consent  
and Agreement document as a condition of approving Nopetro's construction  
loan.  
Attorney DeBraal further discussed the County's exposure to risk by signing the  
Agreement, as detailed in staff's memo dated March 14, 2024. He touched upon  
the language staff added to the document to better protect the County's interest  
while still allowing the project to proceed.  
Chairman Adams led discussion by confirming the document provided the  
County's express consent to the bank, and that Nopetro provided indemnification  
and a letter of credit to help cover construction costs and lessen the County's risk  
exposure. The Chairman stated she was comfortable with the terms and  
advocated for moving forward. Commissioner Loar sought to clarify that this  
Agreement was a practice undertaken by other counties; County Administrator  
John Titkanich confirmed and provided a list of the other counties. Administrator  
Titkanich also expanded on a meeting attended by council, Nopetro, County staff,  
and the bank. He praised the work staff had done to add language to better  
protect the County.  
A motion was made by Commissioner Loar, seconded by Chairman Adams,  
to approve staff's recommendation. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman,  
Commissioner Moss, and Commissioner Loar  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business, the Chairman adjourned the meeting at 10:22 a.m.