HomeMy WebLinkAbout04/07/2026 (2)VEI?C
Indian River County, Florida
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Meeting Minutes - Final
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Board of County Commissioners
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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
Tuesday, April 7, 2026
1. Call to Order
Present: 5
Chairman Deryl Loar
Vice Chairman Laura Moss
Commissioner Susan Adams
Commissioner Joseph Flescher
Commissioner Joe Earman
9:00 AM
Indian River County Administration
Complex 1801 27th Street
Vero Beach, Florida 32960
indianriver.gov
Commission Chambers
2. A Moment of Silent Reflection for First Responders and Members of the Armed Forces Followed
by the Invocation
3. Pledge of Allegiance
4. Additions / Deletions to the Agenda / Emergency Items
A motion was made by Commissioner Flescher, seconded by Chairman Loar, to approve the
Agenda as presented. The motion passed by the following vote:
Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher,
Commissioner Earman
Nay: 0 - None
5. Proclamations and Presentations
5.A. Presentation of Proclamation Honoring Danny Ooley's Legacy
Angie Ooley expressed her gratitude for the wonderful support she and her family had received.
Read and presented by County Administrator John Titkanich
5.11. Presentation of Proclamation Honoring Stacie Mason's Legacy
Public Works employee Kari Cundiff accepted the Proclamation on behalf of Stacie Mason.
Read and presented by County Administrator John Titkanich
Indian River County, Florida Page 1
S.C. Presentation of Proclamation Parkinson's Awareness Month
Center for Memory & Movement Executive Director Peggy Cunningham expressed appreciation
for the recognition of Parkinson's Awareness Month. She emphasized that Parkinson's disease was
the second most prevalent neurodegenerative disorder. While a cure was not yet available, many
effective strategies were available for managing the condition and ensuring a good quality of life.
Ms. Cunningham also thanked the community for their ongoing support and participation.
Read and presented by Commissioner Flescher
S.D. Presentation of Proclamation Autism Acceptance and Neurodiversity Awareness Month
Susan Prado, a proud mother of a neurodivergent child, noted that while navigating autism can be
challenging for many parents, there was also immense joy in witnessing their children thrive. She
noted that the school was the only one of its kind in the County that specifically addressed the
unique needs of a distinct group of individuals. Ms. Prado took a moment to recognize the
dedicated teachers at the school, Miss Beth and Miss Cindy. Both teachers were present to share
information about upcoming events and the school's efforts to promote inclusion, awareness, and
acceptance of autism.
Miss Beth thanked the Board for the Proclamation and noted the presence of middle school
students at the meeting. She highlighted that every Friday, older students would go on community
field trips to learn life skills. Miss Beth encouraged everyone to greet the students around town, as
they enjoy making new friends. The teachers shared their excitement about the school's growth,
plans for a new building, and the upcoming introduction of a high school and post -secondary
program.
Read and presented by Commissioner Adams
S.E. Gifford Academy of Performing Arts
[Clerk's note: Item S.E. was added to the Agenda by Chairman Loar using Executive Privilege.]
Executive Director Charles Lunceford of Gifford Academy for Performing Arts, formerly known
as the Gifford Youth Orchestra, was joined by President Jane Burton as he announced an exciting
day for the organization. He appreciated the opportunity and was thrilled to invite the
Commissioners to the official groundbreaking ceremony for the Gifford Academy for Performing
Arts. The event would take place on Tuesday, April 21, 2026, at 5:15 PM. After the ceremony,
the students would perform their spring concert.
No Action Taken or Required
6. Approval of Minutes
6.A. Regular Meeting Minutes of February 10, 2026
A motion was made by Commissioner Adams, seconded by Commissioner Flescher, to
approve the Regular Meeting Minutes of February 10, 2026, as written. The motion
passed by the following vote:
Indian River County, Florida Page 2
Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner
Flescher, Commissioner Earman
Nay: 0 - None
6.B. Regular Meeting Minutes of February 24, 2026
A motion was made by Commissioner Adams, seconded by Commissioner Flescher, to
approve the Regular Meeting Minutes of February 24, 2026, as written. The motion
passed by the following vote:
Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner
Flescher, Commissioner Earman
Nay: 0 - None
7. Information Items From Staff or Commissioners Not Requiring Board Action
7.A. Environmental Control Hearing Board Committee Resignation -Vacancy - Patrick Walther
No Action Taken or Required
7.B. Event Calendar April -May
No Action Taken or Required
7.C. Dori Slosberg Driver Education Safety Act - Driver Education Program Trust Fund Report -
Cumulative Reporting Through 12/31/2025
No Action Taken or Required
8. Public Comment: Agenda -Related Matters (Except for Public Hearings)
9. Consent Agenda
A motion was made by Commissioner Adams, seconded by Commissioner Flescher, to approve the
Consent Agenda as presented. The motion passed by the following vote:
Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher,
Commissioner Earman
Nay: 0 - None
9.A. Approval of Checks and Electronic Payments February 21, 2026 to February 27, 2026
Approved
9.B. Approval of Checks and Electronic Payments February 28, 2026 to March 6, 2026
Approved
9.C. Quarterly Investment Report for Quarter Ending 12/31/2025
Accepted
9.D. Quarterly OPEB Trust Report for Quarter Ending 12/31/2025
Indian River County, Florida Page 3
Accepted
9.E. Quarterly Tourist Development Tax Report for Quarter Ending 12/31/2025
Accepted
9.F. Participation in New Remnant Defendants Opioid Settlement
Approved staff s recommendation
9.G. Resolution Canceling Taxes on Property Purchased for Public Purpose — PALM BAY JOAN,
LLC- 11.74 -acre Durrance Place site (ELAP)
Approve staff s recommendation and Resolutions 2026-021 and 2026-022
9.11. Resolution Canceling Taxes on Property Purchased for Public Purpose — Hale 580 US 1, LLC &
Hale Grove 4, LLC - 21.89 -acre Hale Grove site (ELAP)
Approved staffs recommendation and Resolutions 2026-023, 2026-024, 2026-025, and
2026-026
9.I. Resolution Canceling Taxes on Property Purchased for Public Purpose — iTHINK
FINANCIAL/MAFFETT- 15.47 -acre Osprey Estates site (ELAP)
Approved staffs recommendation and Resolutions 2026-027, 2026-028, and 2026-029
9.J. Approval of Checks and Electronic Payments March 7, 2026 to March 13, 2026
Approved
9.K. Approval of Revised Agreement for Use of Facilities with Indian River County and the School
Board of Indian River County
Approved staffs recommendation
9.L. Approval of Annual Financial Report by County Commissioners
Approved staff s recommendation
9.M. Miscellaneous Budget Amendment 05
Approved staffs recommendation and Resolution 2026-030
9.N. Approval of Florida Department of Environmental Protection Grant Agreement LG030 for North
Sebastian Septic -to -Sewer Conversion Project — Phase 2c.
Approved staff s recommendation
9.0. License Agreement with the City of Vero Beach for pump out vessel storage and septage
offloading at City Marina
Approved staff s recommendation
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9.P. Final Payment and Release of Retainage for Bid No. 2025013 — North County WWTF 24 -Inch
Force Main Replacement, IRCDUS Project ID 21-23-503
Approved staff s recommendation
9.Q. Award of RFP 2026013 for Code Enforcement Board Attorney
Approved staffs recommendation
9.R. Easement Request for the Sheriff s Administration Building at 4055 41 st Ave
Approved staffs recommendation
9.S. Award of Bid No. 2025045 to Treasure Coast Infrastructure for Construction of Floravon Shores
Phase 2 Septic -to -Sewer Project, IRCDUS Project ID 21.19.556
Approved staffs recommendation
9.T. Amendment 2 to Work Order 2 for Schulke, Bittle & Stoddard, LLC, for Floravon Shores Septic
to Sewer, IRCDUS Project ID 21.19.556
Approved staffs recommendation
9.U. Additional Cost to Bid No. 2025046, I.T. Interconnectivity, Administration Bldg. A to Emergency
Operations Center
Approved staffs recommendation
10. Constitutional Officers and Governmental Agencies
11. Public Items
11.A. Public Hearings
11.A.i. Consideration of Staff -Initiated Land Development Regulation (LDR) Amendments to Create
Allowances and Regulations for Mobile Food Dispensing Vehicles (Food Trucks) [Legislative]
PROOF OF PUBLICATION FOR THIS HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD.
Planning Chief Brandon Creagan stated that this was the third attempt to establish the Food Truck
Ordinance. He summarized the staff recommendations, which included removing the 3 -acre
minimum site size, eliminating the requirement that food trucks operate only on paved or
improved surfaces, and allowing vendors to remain on site for up to 24 hours while maintaining
their mobility. These amendments aimed to create a regulatory framework that provided mobile
food vendors with clearer guidelines while ensuring that the County retained oversight of where
and how these trucks operated.
Chairman Loar stated that he discussed the changes with Administrator Titkanich, and they
mutually agreed that they were comfortable with them.
The Chairman opened the public hearing. There being no speakers, the Chairman closed the
Indian River County, Florida Page 5
public hearing. -
A motion was made by Commissioner Flescher, seconded by Commissioner Earman, to
approve staffs recommendation and Ordinance 2026-006. The motion passed by the
following vote:
Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner
Flescher, Commissioner Earman
Nay: 0 - None
1 LB. Public Notice Items
12. County Administrator Matters
13. Departmental Matters
13.A. Building and Facilities Services
13.B. Community Services
13.C. Emergency Services
13.D. Human Resources
13.E. Information Technology
13.F. Natural Resources
13.G. Office of Management and Budget
13.11. Parks, Recreation, and Conservation
13.I. Planning and Development Services
13.J. Public Works
13.K. Sandridge Golf Club
13.L. Utilities Services
14. County Attorney Matters
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14.A. Initial Assessment Resolution for Rain Tree Comer Subdivision Culvert Replacement Project
Assistant County Attorney Chris Hicks provided an update to the Board regarding the culvert
replacement project for the Rain Tree Comer Subdivision. He noted that emergency funding had
already been approved, allowing Public Works to commence work on the project. Attorney Hicks
reviewed the proposed notifications intended for property owners and requested that the Board
schedule a second hearing on May 5, 2026, to finalize the establishment of a special assessment.
He also mentioned that the title and due diligence work were currently underway and expected to
be completed before the rainy season.
There was no further discussion on this Item.
A motion was made by Commissioner Adams, seconded by Commissioner Flescher, to
approve staff s recommendation and Resolution 2026-031. The motion passed by the
following vote:
Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner
Flescher, Commissioner Earman
Nay: 0 - None
14.13. Environmental Lands Acquisition Status Update Regarding a Purchase Contract — Winter Beach
73rd Site
Assistant County Attorney Chris Hicks reported that title companies had identified defects
affecting the entire Winter Beach 73rd Environmental Lands Acquisition Program (ELAP)
property. As a result, three title insurers opted not to issue title insurance during the due diligence
phase without a quiet title action being initiated. Attorney Hicks explained that these defects could
be addressed through a quiet title action, a process that would likely require at least six months.
He outlined several options, including canceling the contract for the time being and considering
renegotiation once the title issues are resolved; extending the due diligence period indefinitely; or
moving forward without title insurance, something staff did not recommend. Attorney Hicks
emphasized that quiet title litigation would be essential to secure an insurable title through the
standard course of action.
The Board discussed establishing a clear endpoint for resolution, rather than keeping due
diligence open without a time limit. They directed the staff to maintain the property's status as a
Tier 1 ELAP candidate and to give the owner an opportunity to rectify the title issues, rather than
permanently excluding the parcel from future consideration.
Attorney Hicks noted that the County may need new appraisals if the delay extends the timeline.
The Board emphasized that it could move to the next parcel on the ELAP list if the seller does not
resolve the defects within the agreed time frame.
A motion was made by Commissioner Adams, seconded by Commissioner Earman, to
approve the staffs recommendation to withdraw from the contract during the due
diligence period. The motion also included a directive to re-enter contract negotiations,
contingent upon title clearance, within a six-month timeframe. The motion passed with
the following vote:
Indian River County, Florida Page 7
Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner
Flescher, Commissioner Earman
Nay: 0 - None
14.C. Time Certain 10:30 am - Request for Closed Litigation Session, re: ERIC FLOWERS, as Sheriff
of Indian River County Sheriff v. BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA.
Chairman Loar initiated the process to enter a closed Shade meeting. This closed Shade meeting
was scheduled for Tuesday, April 07, 2026, at 10:30 a.m., during the regularly scheduled meeting
of the Board of County Commissioners of Indian River County, Florida.
This meeting was exempt from the Sunshine Law under Florida Statute 286.011(8) and was
closed to the public as it involved discussions regarding Eric Flowers, Sheriff of Indian River
County, Sheriff v. Board of County Commissioners of Indian River County, Florida.
The closed Shade meeting included all five County Commissioners, Sheriff Eric Flowers, County
Attorney Jennifer Shuler, County Administrator John Titkanich, and Assistant County Attorney
Christopher Hicks. A certified court reporter would also be in attendance.
The estimated duration of this Shade meeting was one hour. Upon concluding the Shade meeting,
the Board of County Commissioners would return to the Chambers to resume the regular Agenda.
After the closed litigation session, Chairman Loar announced a Special Call Meeting on April 14,
2026, at 9:00 AM to publicly discuss the matter.
15. Commissioners Matters
15.A. Commissioner Deryl Loar, Chairman
15.B. Commissioner Laura Moss, Vice Chairman
15.C. Commissioner Susan Adams
15.1). Commissioner Joseph E. Flescher
15.E. Commissioner Joseph H. Earman
16. Special Districts and Boards
16.A. Emergency Services District
16.B. Solid Waste Disposal District
16.B.i. Free Residential Paper Shredding Event - April 18, 2026
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Jill Brown, Recycling Specialist, announced the Semi -Annual Paper Shredding Event on
Saturday, April 18, 2026, at Southeast Secure Shredding from 7 AM to 11 AM.
No Action Taken or Required
16.C. Environmental Control Board
17. Public Comment: Non -Agenda -Related Matters
18. Adjournment
There being no further business, the Chairman adjourned the meeting at 12:24 P.M.
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Board of County Commissioners Meeting Minutes — Final April 7, 2026
ATTEST:
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91
Ryan L. Butler
Clerk of Circuit Court and Comptroller
By: O
Deputy Clekj
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Deryl Loar, Chairman":
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Approved: �by S, 2026
Indian River County, Florida Page 10