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HomeMy WebLinkAbout04/14/2026Board of County Commissioners Indian River County, Florida Special Call Meeting Agenda Tuesday, April 14, 2026 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 Indian River County Website 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 1. Call to Order John A. Titkanich, Jr., County Administrator Jennifer W. Shuler, County Attorney Ryan L. Butler, Clerk of the Circuit Court and Comptroller 2. A Moment of Silent Reflection for First Responders and Members 3. Invocation Delivered by Chairman Deryl Loar 4. Pledge of Allegiance Commissioner Joseph H. Earman 5. County Attorney Case Overview S.A. Special Call Meeting - IRC Sheriff Pending Cases Settlement Negotiation 6. Sheriff Comments 7. Board Comments / Questions 8. Public Comment 9. Board Action 10. Adjournment Page 1 of 7 Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website. The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on the County website under IRCTV and the Cablecast Streaming App, available for download on iOS App Store, Google Play Store, ROKU, Fire TV, and Apple TV. Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. Page 2 of 7 S-A �vER �o Indian River Indian River County Q G'� Administration Complex 1801 27th Street County, Florida Vero Beach, Florida 32960 * A * Indian River County Website �0R1�� Memorandum File ID: Type: Meeting Date: 2026-603 County Attorney Case April 14, 2026 Overview To: Board of County Commissioners Through: John Titkanich Jr., County Administrator From: Jennifer Shuler, County Attorney Date: 04/10/2026 Subject: Special Call Meeting - IRC Sheriff Pending Cases Settlement Negotiation Background: On Tuesday, April 7, 2026, the Board held a closed litigation session to consider a formal settlement offer from Sheriff Eric Flowers. Since that time, the County Attorney and counsel for the Sheriff have engaged in settlement discussions to settle both the Sheriff's Circuit Court case and his Florida Administration Commission appeal of his FY 25/26 budget. Under the attached proposed settlement agreement, in exchange for the County agreeing to provide the Sheriff an additional appropriation of $3,500,000 for his FY 25/26 budget, the Sheriff agrees to dismiss both his Circuit Court case and his Administration Commission budget appeal and to not seek any further budget amendments for FY 25/26 except in the event of a declared emergency that materially impacts the Sheriff's budget. In addition, the parties agree to a $4,000,000 increase in the Sheriff s FY 26/27 budget and the Sheriff agrees not to appeal if the FY 26/27 is funded in this amount. The Sheriff has signed this agreement. Analysis: None Budgetary Impact: The $3.5 million will be split between the General (31.5%) and MSTU (68.5%) Funds and will be funded through the use of undesignated fund balance (cash) for Fiscal Year 2025/2026. Funding for Fiscal Year 2026/2027, the full $7.5 million, will be through taxable revenues received for the respective funds. Previous Board Actions: Budget hearings and/or meetings regarding the budget held on July 9, 2025, August 11, 2025, September 10, 2025, September 17, 2025, and October 20, 2025. Page 3 of 7 Potential Future Board Actions: None. Strategic Plan Alignment: None. Other Plan Alignment: None. Staff Recommendation: The County Attorney recommends that the Board consider the attached Settlement Agreement with Sheriff Eric Flowers. Attachments: 1. Settlement Agreement Page 4 of 7 ERIC FLOWERS, as Sheriff of Indian River County, Florida, Plaintiff/Petitioner, vs. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a Political subdivision of the State of Florida, Defendant/Respondent. Case No: 31 2025 CA 000769 Admin No: SBA -25-004 SETTLEMENT AGREEMENT Petitioner/Plaintiff, Eric Flowers, as Sheriff of Indian River County, Florida (hereinafter "Sheriff") and Respondent, Indian River County, a political subdivision of the State of Florida, (hereinafter "County") hereby stipulate and agree as follows: FACTS This agreement is based upon the following statements of fact: 1. The County held a Final Budget hearing on September 17, 2025, approving the 2025-2026 budget, which increased the Sheriff's budget by $6,861,517 for a total budget of $85,773,472. The Sheriff's total request was for a $12,214,886 increase to the 2025-2026 budget for a total of $91,126,841. The difference between the two is $5,353,369. 2. On October 2, 2025, the Sheriff filed a Complaint for Writ of Mandamus, Circuit Court case number 312025CA769, alleging procedural issues with the County's budget process. 3. On October 20, 2025, the County held a Special Call meeting to discuss the Sheriff's budget request and approved the Sheriff's funding at the previously approved level of $85,773,472. 4. The Sheriff timely filed a Petition to appeal the County's budget decision pursuant to Florida Statute 30.49 to the Administration Commission on October 23, 2025, case number SBA -25-004. 5. The County filed timely responses to each action. 6. The County and the Sheriff have negotiated this agreement to settle all matters and resolve all areas of dispute. TERMS Based upon the above facts and in consideration of mutual covenants contained herein, the County and the Sheriff agree as follows: 1. It is the intent of this agreement to fully resolve all issues raised in both Circuit Court case number 312025CA769 and Florida Administration Commission Case number SBA -25-004 Page 5 of 7 relating to the Sheriffs 2025-2026 fiscal year budget. It is also the intent of both parties that this agreement address and resolve the Sheriff's 2026-2027 fiscal year budget. 2. The Parties agree that this agreement contains the entire and exclusive understanding and agreement of the Parties and may not be amended or modified except by mutual, signed agreement of Parties. 3. The signatories hereto represent and warrant that they have read this agreement, that they understand the terms thereof, and that they are executing the same voluntarily and upon their best judgment, solely for the consideration herein described. 4. This agreement shall become effective upon the last date of signing by the Parties. 5. Within 24 hours of the County signing, the Sheriff shall file a notice of voluntary dismissal of case number 312025CA769 in the Circuit Court of the Nineteenth Judicial Circuit. 6. Within five (5) days of the County signing, the Sheriff shall file a withdrawal of his appeal number SBA -25-004 and all pending petitions filed with the Florida Administration Commission pursuant to Florida Administrative Code 28-43.006. 7. The County agrees to provide additional appropriations to the Sheriff in the form of a budget amendment in the amount of $3,500,000 as provided by Florida law. 8. This amount shall be added to the Sheriffs 2025-2026 budget for a new total budget of $89,273,472. 9. The Sheriff agrees to make no further budget amendment requests during the 2025-2026 fiscal year except in the event of an emergency as declared by federal, state, or local officials affecting Indian River County that materially impacts the Sheriffs budget. 10. The Sheriff and County agree to a $4,000,000 increase in the Sheriffs 2026-2027 budget for a total budget of $93,273,472. The Sheriff agrees not to appeal the 2026-2027 budget funded in this amount. 11. The Sheriff agrees to provide the County with all detailed budgetary information as required by law for the 2026-2027 budget. 12. Each party shall bear its own attorney's fees and costs. IN WITNE WHE OF, the Parties hereto have caused this agreement to be executed by their under ned o ials as duly authorized. By: Eric Flowers Indian River CountyL)o f Date Signed: L 2 Adam Fetterman Attorney for Indian River County Sheriff Page 6 of 7 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Deryl Loar, Chairman Date Signed: ATTEST: RYAN L. BUTLER, CLERK TO THE BOARD AND COMPTROLLER By: Deputy Clerk APPROVED: By: John A. Titkanich, Jr. County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: LO -A Jennifer Shuler County Attorney Page 7 of 7