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Board of County Commissioners Meeting Minutes - Final February 1, 2022 "Architect" representative to the Construction Board of Adjustment and Appeals Attachments: Staff Report Application -Resume - Diana Hoffman County Attorney Dylan Reingold presented Diana L. Hoffman's application for consideration to fill the unexpired term for the "Architect" to the Construction Board of Adjustment and Appeals. A motion was made by Commissioner Moss, seconded by Chairman O'Bryan, to appoint Diana L. Hoffman to fill the unexpired term for the "Architect" representative to the Construction Board of Adjustment and Appeals. The motion carried by the following vote: Aye: 5 - Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and Commissioner Moss U.B. 22-0087 Resolution of Necessity for two Parcels of Right -Of -Way Located along 66th Avenue between 69th and 85th Streets, Vero Beach, FL 32967: Parcel 127 (tenant Tongay), Parcel 132 (tenant B& B Farms) Recommended Action: Staff recommends that the Board approve the Resolution of Necessity and authorize staff to proceed with the necessary lease hold acquisition through the County's power of eminent domain. Attachments: Staff Report Resolution of Necessity Composite Exhibit Ato Resolution Deputy County Attorney William K. DeBraal informed the Board of two properties along 66th Avenue between 69th and 85th Streets where the County had already purchased a fee simple portion of the following properties: 1) owned by Frederick Lipfert (Parcel 127) and leased by Empire Equine; and 2) owned by Frederick and Florence Van Antwerp (Parcel 132) and leased by B&B Farms. He pointed out that since both parcels had leases on them; the County would need to terminate the tenants' leasehold interests on the properties, but only on the portion that was purchased as right-of-way. He explained both tenants had been notified and were entitled to possible damages due to the take of the portion of land subject to the lease. Deputy County Attorney DeBraal concluded that a Resolution of Necessity was needed to move forward to close out the portion of the leases that occupied the right-of-way needed and he added that there was no need to do a good faith estimate or make a unconditional offer since they were not the owners. He confirmed that in order for the leaseholders to make a claim, they would need to provide the County with written documentation of their claim by providing financial records, tax returns, and other documents supporting the loss to their business. Indian River County Florida Page 13