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Board of County Commissioners Meeting Minutes - Final July 6, 2021 At the request of Chairman Flescher, County Attorney Dylan Reingold explained that temporary easements were not an option because grant funding required that the project demonstrate a continuous public benefit. Additionally he noted that residents in other beach sectors had agreed to an easement in perpetuity, and treating sectors unequally may create a policy challenge for the Board. Attorney Reingold also made mention that the easements helped establish customary use which was important to preserve beachgoer's access. Joe Paladin, President, Black Swan Consulting, addressed the Board with additional suggestions to work around the problem of obtaining beach access. A motion was made by Commissioner Earman, seconded by Chairman Flescher, to approve staff's recommendation. The motion carried by the following vote: Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Earman, and Commissioner Moss H. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. 21-0645 Resolution of Necessity for five Parcels of Right -Of -Way Located along 66th Avenue between 69th and 85th Streets, Vero Beach, FL 32967: Parcel 127 (Lipfert and tenant Tongay), Parcel 128 (Williams), Parcel 130 (Sexton), Parcel 132 (Van Antwerp) and Parcel 151 (Barker/Strickland) Recommended Action: Staff recommends that the Board approve the Resolution of Necessity and authorize staff to proceed with the necessary right-of-way acquisition through the County's power of eminent domain. Attachments: Staff Report Resolution Composite Exhibit A to Resolution Deputy County Attorney Bill DeBraal appeared before the Board to request approval of a Resolution of Necessity for acquisition of property needed for right-of-way in the expansion of 66th Avenue. He explained that this was the second step in the eminent domain process, and did not require a public hearing. Attorney DeBraal described the five parcels, two of which had businesses, and negotiated make -goods. He advised that business -owners and tenants had the right to possible damages as a result of the take. In response to a request for clarification from Commissioner Moss, Attorney DeBraal informed that the areas of take varied widely among the properties because engineers determined that 66th Avenue needed to curve to the east to avoid a Florida Power and Light substation. He added that the County had been in negotiations with the land owners leading up to this point. Indian River County Florida Page 8