HomeMy WebLinkAbout03/19/2024 (2)Indian River County Florida
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.indianrivergov
Q
�LORI�p'
Solid Waste Disposal District
Meeting Minutes - Final
Tuesday, March 19, 2024
Commission Chambers
Board of 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
Randi Wardlow, Deputy Clerk
Board of Commissioners SWDD Meeting Minutes - Final March 19, 2024
15. SPECIAL DISTRICTS AND BOARDS
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.
15.8.1. 24-0252 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:
Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman,
Commissioner Moss, and Commissioner Loar
15.13.2. 24-0289 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
Indian River County Florida Page 1
Board of Commissioners SWDD Meeting Minutes - Final March 19, 2024
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 staffs recommendation. The motion carried by the following vote:
Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman,
Commissioner Moss, and Commissioner Loar
Indian River County Florida Page 2
Board of Commissioners
ATTEST:
SWDD Meeting Minutes — Final
A42 X��- -
Ryan L. Butler
Clerk of Circuit Court and Comptroller
By: 4sk6" *41��
Deputy Clerk
SWDD/RW/2024 Minutes
March 19, 2024
Approved: May 7 , 2024
Indian River County Florida Page 3