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HomeMy WebLinkAbout02/10/2026 (2)Indian River County, Florida Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov TORI. Meeting Minutes - Final Tuesday, February 10, 2026 9:00 AM Commission Chambers Board of County Commissioners Deryl Loar, District 4, Chairman Laura Moss, District 5, Vice Chairman Susan Adams, District 1 Joseph Flescher, District 2 Joseph H. Earman, District 3 John A. Titkanich, Jr., County Administrator Jennifer W. Shuler, County Attorney Ryan L. Butler, Clerk of the Circuit Court and Comptroller Shauna James, Deputy Clerk Board of County Commissioners Meeting Minutes - Final February 10, 2026 1. CALL TO ORDER Present: 5 - Chairman Deryl Loar Vice Chairman Laura Moss Commissioner Susan Adams Commissioner Joseph Flescher Commissioner Joe Earman 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Commissioner Deryl Loar, Chairman 3. PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS Postponed: Item 7.13. and Item 9.H. Moved Item 7.D.to 131A. Added: Item 14.A. Deleted: Item 15.E.1. A motion was made by Commissioner Earman, seconded by Commissioner Flescher, to approve the Agenda as amended. The motion carried by the following vote: Aye: 5- Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman 5. PROCLAMATIONS and PRESENTATIONS 5.A. 26-0179 Presentation of Proclamation Honoring Victor Hart Sr. Attachments: 02.10.26 BCC HONORING VICTOR HART SR. Commissioner Flescher emphasized the importance of recognizing the local pioneers in Indian River County who have made a lasting impact on the community. He spoke fondly of Victor Hart's remarkable legacy and recalled the dedication of the Victor Hart Complex, where Mr. Hart took great pride in the monument that bore his likeness. Michael Hart expressed his gratitude to the community and shared lessons from his father about unity beyond societal boundaries, noting his father's unwavering dedication to purpose throughout his life. Wilfred Hart emphasized the close relationship between his family and Commissioner Indian River County, Florida Page 1 Board of County Commissioners Meeting Minutes - Final February 10, 2026 Flescher, who played a significant role in honoring Wilfred's father by naming the complex after him, and expressed appreciation for the community's recognition of his father's contributions. Presented by Commissioner Flescher 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. 26-0198 Florida Public Service Commission No. PSC -2026 -0022 -S -EI Recommended Action: No Action Required No Action Taken or Required 7.113. 26-0204 Osprey Estates ELAP Project — Completion of the Due Diligence Process & Final Closing Recommended action: There is no Board action required for this agenda item. Attachments: 25-525S 012326 S&S 772 Page 1774 Agr 930, Page 2159 D to Ctv LessOut 2021 Commitment 4757FL revised (40) Chain of Title Postponed 7.C. 26-0205 Event Calendar Attachments: February -March Event Calendar No Action Taken or Required 8. PUBLIC COMMENT: AGENDA -RELATED MATTERS (EXCEPT FOR PUBLIC HEARINGS) 9. CONSENT AGENDA A motion was made by Commissioner Flescher, seconded by Commissioner Adams, to approve the Consent Agenda as amended, postponing Item 9.H. The motion carried by the following vote: Aye: 5- Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman 9.A. 26-0143 Approval of Checks and Electronic Payments December 13, 2025 to December 19, 2025 Recommended Action: Approve the list of checks and electronic payments for the time period of December Indian River County, Florida Page 2 Board of County Commissioners Meeting Minutes - Final February 10, 2026 13, 2025 to December 19, 2025 Attachments: Comptroller Division Staff Report Approved 9.B. 26-0144 Approval of Checks and Electronic Payments December 20, 2025 to December 26, 2025 Recommended Action: Approve the list of checks and electronic payments for the time period of December 20, 2025 to December 26, 2025 Attachments: Comptroller Division Staff Report Approved 9.C. 26-0145 Approval of Checks and Electronic Payments December 27, 2025 to January 2, 2026 Recommended Action: Approve the list of checks and electronic payments for the time period of December 27, 2025 to January 2, 2026 Attachments: Comptroller Division Staff Report Approved 9.D. 26-0182 Approval of Checks and Electronic Payments January 3, 2026 to January 9, 2026 Recommended Action: Approve the list of checks and electronic payments for the time period January 3, 2026 to January 9, 2026 Attachments: Comptroller Division Staff Report Approved 9.E. 26-0189 Approval of Checks and Electronic Payments January 10, 2026 to January 16, 2026 Recommended action: Approve the list of checks and electronic payments issued for the time period of January 10, 2026 to January 16, 2026 Attachments: Comptroller Division Staff Report Approved 9.F. 26-0219 Approval of Checks and Electronic Payments January 17, 2026 to January 23, 2026 Indian River County, Florida Page 3 Board of County Commissioners Meeting Minutes - Final February 10, 2026 Recommended action: Approve the list of checks and electronic payments for the time period of January 17, 2026 to January 23, 2026 Attachments: Comptroller Division Staff Report Approved 9.G. 26-0174 Miscellaneous Budget Amendment 02 Recommended Action: Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2025-26 budget. Attachments: 2025 2026 Resolution Exhibit "A" To approve staffs recommendation and Resolution 2026-009, amending the Fiscal Year 2025-2026 budget. 9.H. 26-0180 Amendment to Interlocal Agreement- State Attorney Victim Service Program Attachments: Interlocal Agreement - VICTIM SERVICES - SAAP Victim Service Department - First Amendment Postponed/Continued 9.1. 26-0184 Resolution Cancelling Taxes on Property Acquired By County - 2035 79th Avenue (Foreclosure) Recommended Action: Authorize the Chairman of the Board of County Commissioners to execute the Resolution to cancel certain taxes upon the property acquired by Indian River County for a public purpose, and the Clerk to send a certified copy of the Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. Attachments: Resolution Cancelling Taxes - 2035 79th Ave Certificate of Title - 2035 79th Ave 32966 OR3828 PG2348) Approved staffs recommendation and Resolution 2026-010, cancelling certain taxes upon publicly owned lands, pursuant to Section 196.25, Florida Statute. 9.J. 26-0185 Agreement to Reimburse Tax Collector for Rain Tree Corner Subdivision Non Ad Valorem Assessment Costs Recommended Action: Staff recommends the Board of County Commissioners approve the attached agreement with the Indian River County Tax Collector. Attachments: IRC Tax Collector Reimbursement Agreement -Rain Tree Corner Indian River County, Florida Page 4 Board of County Commissioners Meeting Minutes - Final February 10, 2026 Approved staffs recommendation 9.K. 26-0190 Amendment No. 4 to Work Order No. 1, Masteller & Moler, Inc. Hobart Park Baseball Fields — CP-2512/IRC-1759 Attachments: Amendment No. 4 Exhibit A Approved staffs recommendation 9.L. 26-0191 Florida Power & Light Updated Easements - Sandridge Golf Club — New Clubhouse Recommended Action: Staff recommends the Board of County Commissioners approve the updated easement to Florida Power & Light in accordance with the attached sketch and description, authorize the County Attorney's office to finalize the legal documents to record the approved easement and authorize the Chair to execute the final legal documents to effectuate the granting of the approved updated easement. Attachments: FPL -REVISED Easement 1-22-26 stamped FPL Easement recording form UG Approved staffs recommendation 9.M. 26-0194 Children's Services Strategic Plan - 2025 Update Recommended Action: Staff recommends that the Board accept the Children's Services Advisory Committee Strategic Plan Update for FY 2025-2026, as presented. Attachments: Children Services Strategic Plan 2025 Update Approved staffs recommendation 9.N. 26-0202 Approval of Renewal for a Class "B" Certificate of Public convenience and Necessity for Coastal Care Corporation dba Cleveland Clinic Advanced Medical Transport 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 Care Corporation dba Cleveland Clinic Advanced Medical Transport, to be effective for a period of two (2) years from February 11, 2026 to February 11, 2028. Attachments: IR COPCN Renewal CCAMT 2026 1 Approved staffs recommendation 9.0. 26-0209 Rejection of RFP 2026006 for Environmental Bond Acquisition Consulting Services Recommended Action: Staff recommends that the Board reject the proposal received in response to RFP 2026006. Indian River County, Florida Page 5 Board of County Commissioners Meeting Minutes - Final February 10, 2026 Approved staffs recommendation 9.P. 26-0210 Administration Building A & B Entrance Concrete Replacement & Trench Drain Installation Approved staffs recommendation 9.Q. 26-0211 Work Order No. 27, Kimley-Horn & Associates, Inc. 37th Street and Indian River Boulevard Intersection Improvements (IRC -1910) Recommended Action: Staff recommends approval of Work Order No. 27 to Kimley-Horn and Associates, Inc., authorizing the professional services as outlined in the Scope of Services and requests the Board authorize the Chairman to execute Work Order No. 27 on their behalf for a lump sum amount of $207,880.00. Attachments: Work Order No. 27 Approved staffs recommendation 10. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 11. PUBLIC ITEMS A. PUBLIC HEARINGS PROOF OF PUBLICATION FOR THESE HEARINGS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD. 11.A.1. 26-0186 Public Hearing for Ordinance Amending Code Indian River County Code Chapter 103 Recommended Action: The County Attorney recommends that the Board conduct a public hearing on the proposed ordinance, take comment from interested persons, and approve the ordinance amending Indian River County Code Chapter 103. Attachments: Ch 103 Revision Ordinance 1.616_k 26.01.09 IRC Business Impact Estimate IRC rev Chap 103 Affidavit of Publication - Amend 103 County Attorney Jennifer Shuler presented an Ordinance that revised Chapter 103 to remove administrative responsibility for Indian River County Boards and Committees from Commissioner Assistants and assign it to the County Administrator. In addition, the Ordinance clarified that a Resolution may also create Advisory Committees and Indian River County, Florida Page 6 Board of County Commissioners Meeting Minutes - Final February 10, 2026 Boards, but it was not mandatory. The Chairman opened the public hearing. There were no additional speakers; the Chairman closed the public hearing. There was no further discussion on this Item. A motion was made by Commissioner Flescher, seconded by Commissioner Earman, to approve staffs recommendation and Ordinance 2026-001, amending Indian River County Code Chapter 103 titled "Commissions and Boards" to remove Administrative responsibility for Boards and Committees from Commissioner Assistants and assign it to the County Administrator and to clarify that Advisory Commissions and Boards may be created by Resolution. The motion carried by the following vote: Aye: 5- Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman 11.A.2. 26-0206 Consideration of Staff -Initiated Land Development Regulation (LDR) Amendments to Create a Reasonable Accommodation Ordinance Including Certified Recovery Residences [Legislative] Recommended action: Staff recommends that the Board of County Commissioners adopt the proposed reasonable accommodation ordinance. Attachments: Draft Ordinance Ryan Sweeney, Assistant Planning & Development Services Director, noted that Senate Bill 954, enacted in 2025, required counties to establish Ordinances to reasonably accommodate local Land Use Regulations (LDRs) that restricted certified recovery residences. He pointed out that the County had yet to implement reasonable accommodation procedures within its adopted LDR. As a result, the proposed amendments sought to establish these procedures and clarify that certified recovery residences would be eligible to request reasonable accommodations under the new processes. Mr. Sweeney mentioned that the proposed amendments had been reviewed by the County Attorney's office and aligned with Section 397.487(15) of the Florida Statutes. He also presented slides that outlined each section of the proposed Ordinance. Commissioner Earman expressed concerns about the rise of "halfway houses" in private neighborhoods, noting that these facilities were traditionally well -regulated and not overcrowded. He raised questions about compliance with existing regulations. County Attorney Jennifer Shuler explained that the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) protect individuals from discrimination based on disability, including addictions. Florida Statutes classify Sober Homes as residential and prohibit discrimination against them in residential areas. Indian River County, Florida Page 7 Board of County Commissioners Meeting Minutes - Final February 10, 2026 Mr. Sweeney highlighted exemptions for groups like individuals with mental disabilities and the elderly, typically allowing five or six residents to be considered a single-family home. He noted the discussion was focused on post-treatment facilities, not detox centers, and outlined the process for requesting reasonable accommodations under the ADA and FHA. While the proposed change would give certified recovery residences similar opportunities, approval of these requests remained optional. Further discussions took place between the Board and staff regarding the state licensing process, particularly the need for an accessible handicap ramp. Typically, this ramp required a 5 -foot setback; however, staff felt that reducing the setback to 3 feet was a reasonable compromise. They did, however, clarify that a zero -foot setback would not be acceptable. Attorney Shuler explained that Florida Statute 397.487 outlined the certification process for recovery residences in the state. To receive certification, these residences had to meet numerous requirements. Certified recovery residences were subject to inspections and required an established policy and procedure manual. Additionally, they were required to implement drug testing procedures. Moreover, individuals had to meet specific criteria, including passing background checks. The standards set forth were quite extensive, ensuring a high level of accountability and safety. Mr. Sweeney noted that the County had never received a request for reasonable accommodation. The Chairman opened the public hearing. There were no additional speakers; the Chairman closed the public hearing. A motion was made by Commissioner Adams, seconded by Chairman Loar, to approve staff's recommendation and Ordinance 2026-002, concerning amendments to its Land Development Regulations; providing for amendment to Chapter 902, Administrative Mechanisms; by amending Section 902.06, reserved to provide reasonable accommodation procedures including procedures for review and approval of certified recovery residences; and by providing for repeal of conflicting provisions; codification; severability; and an effective date. The motion carried by the following vote: Aye: 5- Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman 11.A.3. 26-0208 County Initiated Request to Amend the 5 -Year Capital Improvements Program and the Capital Improvements Element for the Period FY 2025/2026 - 2029/2030 Indian River County, Florida Page 8 Board of County Commissioners Meeting Minutes - Final February 10, 2026 Attachments: Draft Ordinance County's 5 -Year Schedule of Improvements LRTP 2050 School Board's 5 -Year Schedule of Improvements Business Impact Statement Chief of Long -Range Planning Patrick Murphy presented the amendment to the 5 -Year Capital Improvements Program (CIP) and the Capital Improvements Element (CIE) of the Comprehensive Plan (Plan) for Fiscal Years 2025/26 to 2029/30. He provided background on the Plan and noted a 27% increase in total expenditures, rising from $514,647,844 to $656,397,932, with projected expenditures aligning with projected revenues. The update aimed to maintain service standards currently in the Plan; he highlighted that Sanitary Sewer and Potable Water had become the largest expenditure categories. Major projects and their budgets were also outlined in the presentation. In summary, the CIP included an increased revenue forecast that upheld the service standards outlined in the Plan. The amendment aligned with CIE policies and ensured that all projects exceeding $100,000 were included, as specified in the Plan Policy 1.9. County Administrator John Titkanich noted a reduction in public safety funding and emphasized the need for a comprehensive public safety master plan that included Law Enforcement, Corrections, Fire Rescue, Emergency Management, and Animal Services. This plan aligned with the County's strategic goals and involved collaboration among relevant divisions and agencies. Additionally, he clarified that a significant public safety project had been postponed to the fifth year within the CIE. The Chairman opened the public hearing. There being no speakers, the Chairman closed the public hearing. Administrator Titkanich expressed appreciation for the Planning and support staff, as well as the Office of Management and Budget, for their role in compiling the numbers. He emphasized that the planning process was crucial for future growth and balancing service standards within budget constraints. A motion was made by Commissioner Adams, seconded by Commissioner Flescher, to approve staffs recommendation and Ordinance 2026-003, amending the text of the Comprehensive Plan's Capital Improvements Element by updating the County's 5 -year Capital Improvements Program (CIP) schedule and related data and analysis sections and providing severability and an effective date. The motion carried by the following vote: Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman B. PUBLIC NOTICE ITEMS Indian River County, Florida Page 9 Board of County Commissioners Meeting Minutes - Final February 10, 2026 12. COUNTY ADMINISTRATOR MATTERS 13. DEPARTMENTAL MATTERS A. Building and Facilities Services B. Community Services C. Emergency Services D. Human Resources E. Information Technology F. Natural Resources G. Office of Management and Budget H. Parks, Recreation, and Conservation I. Planning and Development Services 13.I.A. 26-0201 Oslo Corridor Study Update Recommended action: There is no formal recommendation at this time. ATTACHMENTS Map of Oslo Study Area Oslo Recommendation Report Attachments: Map of Oslo Study Area Oslo Corridor Recommendation Report Special Projects Planner Logan Woody, alongside Planning and Development Services Director John Stoll, provided an update on the Oslo Corridor Study. Mr. Woody discussed the progress made in the first phase, which included assessing the feasibility of expanding the Urban Service Boundary (USB) and gathering community input through public workshops. A recommendation report was presented to the Board on May 20, 2025, proposing the extension of the USB, a one-year moratorium on rezoning, and the creation of a corridor -specific overlay district. Mr. Stoll emphasized the need for a cohesive overlay design to manage development gradually, ensuring functionality and visual appeal while protecting property rights and the identity of neighboring communities. The adoption process for the overlay district was outlined, including aligning it with the County's Indian River County, Florida Page 10 Board of County Commissioners Meeting Minutes - Final February 10, 2026 Comprehensive Plan. Vice Chairman Moss pointed out the community's desire to preserve open spaces and farmland, noting that a significant portion of the corridor consisted of vacant land. She advocated for greater community engagement in upcoming workshops and suggested involving local conservation and agricultural groups. County Administrator John Titkanich addressed the USB expansion approved by the Board and highlighted a moratorium to minimize disruptions during the zoning overlay study. He also mentioned planned workshops with various stakeholder groups. Chairman Loar reaffirmed the importance of public meetings for community involvement and clarified that the update was informational and did not require a vote. No Action Taken or Required J. Public Works K. Sandridge Golf Club L. Utilities Services 14. COUNTY ATTORNEY MATTERS 14.A.1. Hale and Durrance ELAP Purchases Assistant County Attorney Chris Hicks provided an update on the acquisition of Hale Groves and Durrance Place properties by the Environmental Lands Acquisition Panel (ELAP) for conservation. He stated that a significant issue arose regarding an 18 -foot -wide strip of land with unclear ownership, which hindered securing title insurance. Attorney Hicks indicated that resolving this ownership dilemma could take up to a decade and suggested a quitclaim deed from the property owners to mitigate future claims. Chairman Loar emphasized the importance of these properties, backed by local support for ELAP funding, as vital for the health of the Indian River Lagoon. Commissioner Earman noted the historical significance and development potential of the former Hale Groves location. Attorney Hicks noted that the uncertainty surrounding the property's ownership might be due to errors in the 1920s deed records. Commissioner Adams remarked on the informal nature of past deeds, highlighting the long-standing nature of the issue. Indian River County, Florida Page 11 Board of County Commissioners Meeting Minutes - Final February 10, 2026 Deputy County Administrator Mike Zito mentioned potential requirements for property owners to quitclaim any interests in the disputed strip to facilitate the transaction's closing. While Attorney Hicks acknowledged the risks of proceeding without title insurance, he indicated it would not necessarily prevent the acquisition aimed at preserving environmentally sensitive land. Parks, Recreation, and Conservation Director Beth Powell expressed strong support for the acquisition, emphasizing the need to protect lagoon -front properties. She raised concerns that the ownership issue could delay future improvements and public access projects, such as trails. Ms. Powell reiterated the need for collaboration with the Attorney's office to explore permissible actions in the disputed area, underscoring that current ownership uncertainties could affect planned environmental enhancements. A motion was made by Commissioner Flescher, seconded by Commissioner Adams, to move forward with the purchase of both the Hale Groves and Durrance Place properties. The motion carried by the following vote: Aye: 5- Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman 15. COMMISSIONERS MATTERS A. Commissioner Deryl Loar, Chairman B. Commissioner Laura Moss, Vice Chairman C. Commissioner Susan Adams D. Commissioner Joseph E. Flescher E. Commissioner Joseph H. Earman 15.E.1. 26-0217 Discussion of Waterway Village 18 -Acre Property and Potential Workforce Housing Use Recommended Action: Discussion Attachments: Deed to School District Waterway Map Deleted 16. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District Indian River County, Florida Page 12 Board of County Commissioners Meeting Minutes - Final February 10, 2026 C. Environmental Control Board 17. PUBLIC COMMENT: NON -AGENDA -RELATED MATTERS 18. ADJOURNMENT Larry Fortino, Government Affairs Manager at Chesapeake Natural Gas, introduced himself to the Board. He expressed that he was visiting various counties to put a face to the name and to highlight his commitment to transparency with the Commission and the community. He emphasized that Board members have direct contact with Chesapeake Utilities Corporation and encouraged them to contact him as their first point of contact if they need assistance. William McCaslin, a resident of Vero Lakes Estates (VLE), reported that residents were experiencing drivers cutting through their yards due to poor road conditions. He inquired whether there had been any progress in getting them up to par. Commissioner Adams responded that the Public Works Department was prioritizing road upgrades in the VLE area and South County, with updates expected soon with the new Public Works Director starting on January 26th. Measures could be implemented to prevent residents from driving onto yards. Residents could also report specific roads or sections for inspection and resolution. Lisa Welch, a resident of Vero Beach, advocated for a unified vision for landscaping on major roads and gateways, such as 58th Avenue and Oslo Road. She highlighted that many medians were unattractive and poorly maintained, with issues like dead plants not being replaced and a lack of year-round visual interest. Ms. Welch emphasized the need for landscaping that reflected the community's unique identity and enhanced its image. She believed that thoughtful improvements could foster community pride and create a welcoming atmosphere, ensuring that Vero Beach felt vibrant rather than neglected. No Action Taken or Required There being no further business, the Chairman adjourned the meeting at 10:39 A.M. Indian River County, Florida Page 13 Board of County Commissioners Meeting Minutes — Final ATTEST: Ryan L. Butler Clerk of Circuit Court and Comptroller By: alai, 2-am-c� Deputy Clerk February 10, 2026 cp�,tMtSs��^,� Q. = Deryl Loar, Chairman • `.Low .,, ` `oQ� SER CO��� •� Approved: April 7, 2026 Indian River County Florida Page 14