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HomeMy WebLinkAbout04/07/2026 (2)VEI?C Indian River County, Florida G 2� Meeting Minutes - Final * Board of County Commissioners ORO". 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 Indian River County, Florida Page 4 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 Indian River County, Florida Page 6 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 Indian River County, Florida Page 8 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. Indian River County, Florida Page 9 Board of County Commissioners Meeting Minutes — Final April 7, 2026 ATTEST: 112 5 i � I" -*�e 91 Ryan L. Butler Clerk of Circuit Court and Comptroller By: O Deputy Clekj •Cpp1 ..3Sj�^., Deryl Loar, Chairman": IM, ''LR!�fR CO���.• Approved: �by S, 2026 Indian River County, Florida Page 10