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HomeMy WebLinkAbout08/04/2026 (2)Indian River Florida County, Indian C River County Administration Complex 1801 27th Street pG Vero Beach, Florida 32960 Meeting Minutes - Final oR1o� 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 Tuesday, August 4, 2026 9:00 AM Commission Chambers 1. Call to Order Present: 5 Chairman Deryl Loar Vice Chairman Laura Moss Commissioner Susan Adams Commissioner Joseph Flescher Commissioner Joe Earman 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 Postponed Item 5.B. A motion was made by Commissioner Flescher, seconded by Vice Chairman Moss, to approve the Agenda as amended. The motion passed by the following vote: Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, Commissioner Earman Nay: 0 - None 4.A. Adjourn for Memorial Service; 10:30am - 1:00pm 5. Proclamations and Presentations 5.A. Presentation of Proclamation Celebrating the 50th Anniversary of the Treasure Coast Regional Planning Council Presented by Commissioner Adams Tom Lanahan, Executive Director of the Treasure Coast Regional Planning Council, expressed appreciation for the longstanding partnership with Indian River County. He noted that the County Indian River County, Florida Page 1 had provided numerous opportunities to engage with the community and collaborate on various initiatives. He stated that he appreciated the relationship and that the Council was happy to continue working together. 6. 5.B. Presentation of Proclamation Recognizing Dogs for Life on Outstanding Service to the Community Postponed Approval of Minutes 6.A. Regular Meeting of June 2, 2026 A motion was made by Commissioner Flescher, seconded by Commissioner Adams, to approve the Regular Meeting Minutes of June 2, 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 6.B. Regular Meeting of June 16, 2026 A motion was made by Commissioner Flescher, seconded by Commissioner Adams, to approve the Regular Meeting Minutes of June 16, 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 6.C. Special Call Meeting of June 29, 2026 A motion was made by Commissioner Flescher, seconded by Commissioner Adams, to approve the Special Call Meeting Minutes of June 29, 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 6.D. Budget Workshop Meeting of July 8,2026 A motion was made by Commissioner Flescher, seconded by Commissioner Adams, to approve the Budget Workshop Meeting Minutes of June 29, 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 Information Items From Staff or Commissioners Not Requiring Board Action Indian River County, Florida Page 2 7.A. Sebastian River Improvement District Proposed Budget No Action Taken or Required 7.B. Notice of Extension to Contract for Construction of Required Roadway Improvements (Re: Right - Of -Way Permit No. 2023010475) - Project: Lakeside West PD - Developer: MERITAGE HOMES OF FLORIDA, INC. No Action Taken or Required 7.C. Administrator Approved Items No Action Taken or Required 7.D. Construction Board of Adjustments and Appeals and Economic Development Council Committees Resignations Vacancies No Action Taken or Required 7.E. 3rd Quarter FY 2025/2026 Budget Report No Action Taken or Required 7.F. Notice of Unclaimed Moneys No Action Taken or Required 7.G. Derelict Vessel Removal Update from Natural Resources No Action Taken or Required 7.H. City of Sebastian Ordinance O -26 -17 -Annexation of .55 Acres No Action Taken or Required 7.I. City of Sebastian Ordinance O-26-18 - Annexation of 1.93 Acres No Action Taken or Required 7.J. 2027 Holiday Schedule No Action Taken or Required 7.K. Event Calendar No Action Taken or Required 8. Public Comment: Agenda -Related Matters (Except for Public Hearings) Indian River County, Florida Page 3 9. Consent Agenda A motion was made by Commissioner Flescher, seconded by Commissioner Adams, 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 May 16, 2026 to May 22, 2026 Approved 9.B. Approval of Checks and Electronic Payments May 23, 2026 to May 29, 2026 Approved 9.C. Approval of Checks and Electronic Payments May 30, 2026 to June 5, 2026 Approved 9.D. First Extension and Second Amendment to Agreements for Annual Utility Labor Services (RFP 2025005) Approved staffs recommendation 9.E. Second Extension and Amendment to Agreement for Annual Maintenance at Spoonbill Marsh (RFP 2022071) Approved staffs recommendation 9.F. First Extension and Amendment to Agreements for Ecological Services in Support of the Environmental Land Acquisition Bond Process (RFP 2023064) Approved staffs recommendation 9.G. Resolution Canceling Taxes on Property for Public Purpose: Laurel Cove Dedicated Right of Way Approved staffs recommendation and Resolution 2026-046 9.H. Approval of Checks and Electronic Payments June 6, 2026 to June 12, 2026 Approved 9.I. Approval of Checks and Electronic Payments June 13, 2026 to June 19, 2026 Approved 9.J. Rejection of Bids for 2026018 Courthouse Generator Approved staffs recommendation 9.K. Third Extension to Agreements for Annual Fiber Optic Engineering, Design, Material, Supplies Indian River County, Florida Page 4 and Installation (Bid 2023056) Approved staffs recommendation 9.L. Award of Bid 2026022 for Sandridge Golf Club Bulkhead Replacement Approved staffs recommendation 9.M. Approval of Work Order No. 31 - Kimley-Horn and Associates, Inc. 43rd Avenue (1st Street SW - 6th Street) Pedestrian and Bicycle Access Improvements (IRC- 1901) Approved staffs recommendation 9.N. Approval of Checks and Electronic Payments June 20, 2026 to June 26, 2026 Approved 9.O. Approval of Checks and Electronic Payments June 27, 2026 to July 3, 2026 Approved 9.P. Request from Positive Mobility, Inc., dba Elite Medical Response for a Class "B" Certificate of Public Convenience and Necessity to Provide Non -Emergency Ambulance Inter -Facility Transports Originating from Indian River County, and a Class "C" Non -Emergency Inter -Facility Transports Requiring a Physician's Order Approved staffs recommendation 9.Q. Approval of Florida Department of Environmental Projection Grant Agreement LG038 for Countywide Septic -to -Sewer Conversions Project, IRCDUS Project ID 21.26.520 Approved staffs recommendation 9.R. Request for Authorization to Submit an Application for Section 5311 Grant for Rural Transit Operating Assistance Funds Approved staffs recommendation and Resolution 2026-050 9.S. Final Payment and Release of Retainage for Sector 5 Hurricanes Ian and Nicole Beach and Dune Restoration Project Approved staffs recommendation 9.T. Work Order No. 2018006-22-APTIM, Sector 3 Hurricanes Ian and Nicole Dune Renourishment Year 2 Physical Monitoring Report Approved staff's recommendation 9.U. Tax Collector's 2025 Tax Roll Recap Approved staffs recommendation 9.V. Approval of Settlement Agreement and General Release Indian River County, Florida Page 5 Approved staffs recommendation 9.W. Children's Services Advisory Committee Recommended Program Funding Allocations for Fiscal Year 2026/2027 Approved staffs recommendation 9.X. Approval of Checks and Electronic Payments July 4, 2026 to July 10, 2026 Approved 9.Y. Approval of the Settlement Agreement for IRC v. Twenty -Two Beachfront Properties et. al Approved staffs recommendation 9.Z. Retiree Medicare Advantage Plan effective October 1, 2026 Approved staffs recommendation 9.AA. Fire Station 4 & 5 - New Metal Roofs — Bid No. 2026008 — Change Order #1, Release of Retainage — Project Closeout Approved staffs recommendation 9.BB. Second Extension and Amendment to Agreement for Annual Utility Warehouse Stock (Bid 2024055) Approved staffs recommendation 9.CC. Approval of Checks and Electronic Payments July 11, 2026 to July 17, 2026 Approved 9.DD. Agreement Between Indian River County and Thrive, Inc to Provide Juvenile Diversion Programs Approved staffs recommendation 9.EE. Tri-Party Encroachment Agreement Associated with the Installation of a Water Main Along 8th Street from 90th Ave to 98th Ave. Approved staffs recommendation 9.FF. Sole Source Procurement Designation Renewals Approved staffs recommendation 9.GG. Work Order No. 02, Consor North America, Inc. CR-505/Roseland Road over Collier Creek, Tributary to Sebastian River Prong, Bridge No. 884019 (IRC-2519) Approved staffs recommendation 9.HH. Acceptance of Utility Easements — Cross Creek Lake Estates Plat Nine (Located Within the Indian River County, Florida Page 6 Municipal Boundaries of the City of Sebastian) Approved staff's recommendation and Resolution 2026-049 9.II. Hobart Ballfield Project — Change Order #2 — Construction Bond and Builders Risk Policy Increase Approved staffs recommendation 10. Constitutional Officers and Governmental Agencies 10.A. CIE Budget Amendments for New Admin Building and Jail Pipe Repair Projects Indian River County Sheriffs Office Chief Financial Officer Aimee Cooper reported that although no amendments were needed for the current fiscal year, major corrections were required for next year's budget. She noted that the Sheriff's Administrative Building cost increased from $12.7 million to $20.4 million because of updated construction estimates and required drainage work, creating a $7.7 million shortfall. A $400,000 jail piping project had also been unintentionally omitted. Commissioner Adams questioned the need for an amendment before the budget was passed; Ms. Cooper clarified that the request was for the fiscal year 2027 Capital Improvements Element (CIE). County Administrator John Titkanich explained that the building's lower reported cost resulted from a missed carryforward entry and the omission of a $2.2 million drainage requirement from the Indian River Farms Water Control District (IRFWCD). He added that while the jail piping project appeared in the CIE, it did not include funding. He recommended updating the current CIE now so expenditures would be accurate on October 1, rather than waiting for the following year's review. A motion was made by Commissioner Flescher, seconded by Chairman Loar, to approve the CIE Budget Amendments. The motion passed by the following vote: Aye: 5 - Chairman Loar, Commissioner Earman Nay: 0 -None 11. Public Items 11.A. Public Hearings Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, 11.A.1. Housing Services — Approval of Resolution and FY2026-2027 FORM HUD-50077-CR Civil Rights Certification for Qualified Public Housing Agencies (PHAs) Stacey Bush, Housing Services Manager, presented a Resolution and the FY2026-2027 HUD Form 50077-CR Civil Rights Certification for Qualified Public Housing Agencies (PHAs) for Board approval. She stated that Indian River County Housing Services qualified as a PHA because it administered fewer than 550 vouchers and maintained a high performer rating, with a recent score of 96 percent. Ms. Bush emphasized the department's support for veterans, noting that staff administered 64 HUD VA Supportive Housing (VASH) vouchers and had recently received five additional VASH vouchers to expand assistance for veterans experiencing or at risk of homelessness. In total, the department administered 421 rental assistance vouchers. She further explained that, although qualified PHAs were exempt from a full annual plan, HUD required a Indian River County, Florida Page 7 public participation process and submission of the Civil Rights Certification. No changes were proposed to program goals or policies, and staff made all required notices and documents available for public review. The Chairman opened the public hearing. There being no speakers, the Chairman closed the public hearing. There was no further discussion. A motion was made by Commissioner Adams, seconded by Commissioner Flescher, to approve staffs recommendation and Resolution 2026-047. The motion passed by the following vote: Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, Commissioner Earman Nay: 0 -None 11.A.2. SHIP — Consideration of the Indian River County Attainable Housing Trust Ordinance State Housing Initiatives Partnership (SHIP) Program Administrator Siphi Chinyanganya presented the proposed Attainable Housing Trust Ordinance, which would operate independently of SHIP to expand affordable housing through land acquisition and partnerships with developers. Funding would come from contributions, grants, donations, interest, and proceeds from County property sales. She mentioned the County's severe affordable housing shortage and highlighted challenges such as limited affordable land, unpredictable funding, complex acquisition processes, and the need for qualified development partners. The Ordinance included creating a registry of eligible partners that would be reviewed annually. Chairman Loar said the Trust would give the County another tool aligned with SHIP's structure. The Chairman opened the public hearing. There being no speakers, the Chairman closed the public hearing. A motion was made by Commissioner Flescher, seconded by Commissioner Adams, to approve staffs recommendation and Ordinance 2026-011. The motion passed by the following vote: Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, Commissioner Earman Nay: 0 -None 11.A.3. Final Assessment Resolution for Rain Tree Corner Subdivision Culvert Replacement Project Assistant County Attorney Chris Hicks presented the final Resolution hearing for the Rain Tree Corner project. He noted the project was nearly complete, though the final roadway surface required corrective work to meet County standards. The Chairman opened the public hearing. Rain Tree Corner residents, including Sherri Epstein, expressed concerns regarding the cost of the culvert enlargement, communication issues, and lack of transparency throughout the assessment Indian River County, Florida Page 8 process. Residents requested clearer involvement and questioned their financial responsibility for the culvert. There being no speakers, the Chairman closed the public hearing. Chairman Loar clarified that the hearing addressed final assessments only and that construction would not be closed out until all corrective work was completed. Attorney Hicks confirmed that preliminary assessments had been submitted to the Tax Collector and Property Appraiser and reflected the previously approved $300,000 cap. The Board received clarification that culvert sizing and replacement determinations are made by the Indian River Farms Water Control District (IRFWCD). Superintendent Ward Gunner explained the District's stormwater model, pipe sizing policies, reinforced concrete pipe requirements, and distinctions between public and private road responsibilities. He noted that IRFWCD holds a reservation along 12th Street, but does not own the underlying property. A motion was made by Commissioner Flescher, seconded by Commissioner Earman, to approve staffs recommendation and Resolution 2026-048. The motion passed by the following vote: Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, Commissioner Earman Nay: 0 -None 11.A.4. Westside Racquet Club LLC's Request for Special Exception Use and Site Plan Approval to Construct and Operate a Racquet Club Facility [SP -SE -25-05-17 / 91060129-97640] (Quasi - Judicial) Chairman Loar introduced the parties to the proceeding as Indian River County and Westside Racquet Club, LLC. (Applicant). As requested by the Chairman, each Commissioner disclosed ex parte communications, site visits, or independent investigations. The Commissioners also affirmed that they have an open mind and can base their decisions on the evidence presented and the applicable law. The Chairman opened the public hearing, and the Deputy Clerk administered the Oath to all persons who wished to speak at the hearing. Senior Planner Kelly McKinley presented the Special Exception Use requests and Phase I Site Plan approval for the Westside Racquet Club's proposed expansion. The Special Exception was intended to cover all four phases, though only Phase I was to be considered for site plan approval. The 6.9 -acre site already contained a clubhouse and eight tennis courts, all of which were proposed to remain. Phase I included restoring the existing tennis courts, constructing four new padel courts, and completing related utility, stormwater, parking, and landscaping improvements. Phase II would restore the clubhouse and add two more padel courts. Phase III would add a pool and four pickleball courts, and Phase IV would add two additional tennis courts. The Board and staff discussed noise, lighting, traffic impacts, and the implications of approving all phases under one Special Exception. Vice Chairman Moss questioned the basis for the special exception and expressed concern that later phases would not return to the Board. Staff clarified that only the Special Exception and Phase I were being approved. Staff noted that traffic and noise impacts would be evaluated cumulatively and could be mitigated. Ryan McLean of MVB Engineering emphasized that noise and lighting concerns had already been Indian River County, Florida Page 9 incorporated into the recommended conditions and highlighted the club's long-standing presence, predating the surrounding subdivision. Resident Marc Jaffe expressed support for the project. With no further speakers, the Chairman closed the public hearing. Commissioner Flescher stated that he was confident in staff's ability to address development issues throughout all phases and, with that understanding, moved to approve the request. A motion was made by Commissioner Flescher, seconded by Commissioner Earman, to approve staff's recommendation. The motion passed by the following vote: Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, Commissioner Earman Nay: 0 -None 11.A.5. Valerie Balfe and William Wagner's Request to Rezone Approximately 10.4 Acres from RS -3, Single -Family Residential District to RM-3, Multiple -Family Residential District [2023-03-0038 / 99067] [Quasi -Judicial] Chairman Loar introduced the parties to the proceeding as Indian River County and Valerie Balfe and William Wagner (Applicant). As requested by the Chairman, each Commissioner disclosed ex parte communications, site visits, or independent investigations. The Commissioners also affirmed that they have an open mind and can base their decisions on the evidence presented and the applicable law. The Chairman opened the public hearing, and the Deputy Clerk administered the Oath to all persons who wished to speak at the hearing. Chief of Long -Range Planning Patrick Murphy presented a request to rezone approximately 10.4 acres from RS -3 Single Family Residential to RM-3 Multiple Family Residential. The parcels were split -zoned, with RM-3 along U.S. Highway 1 and RS -3 on the eastern portion, despite having an L-1 Low Density Residential Future Land Use designation. He stated that the applicant sought full RM-3 zoning to support development of an assisted living and memory care facility, eliminate split zoning complications, and apply consistent standards to parcels between 61st and 57th Streets. Mr. Murphy noted that the area was undeveloped, and establishing a unified zoning district would allow cohesive review and development. The rezoning would not increase density and would align zoning with the Comprehensive Plan and logical development patterns along U.S. Highway 1. Mr. Murphy noted that the Planning and Zoning Board unanimously recommended approval at its meeting on June 25, 2026. MTC Law Attorney Pete Sweeney thanked staff and the Planning and Zoning Board on behalf of the firm and the applicants. He recommended that the Board approve the proposal. Residents Lisa Snycerski and Marc Jaffe strongly opposed the rezoning, citing increased development, daily traffic concerns, and frequent encounters with injured wildlife along U.S. Highway 1, urging that growth and rezoning be slowed to protect the environment. With no further speakers, the Chairman closed the public hearing. A motion was made by Commissioner Earman, seconded by Commissioner Flescher, to approve staff's recommendation and Ordinance 2026-012. The motion passed by the Indian River County, Florida Page 10 following vote: Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, Commissioner Earman Nay: 0 -None 11.B. Public Notice Items 12. County Administrator Matters 12.A. Current Code Abeyance for Communications Providers County Administrator John Titkanich reported on statewide efforts to install fiber optic infrastructure on County rights -of -way and noted that SB 488 had been enacted, requiring revisions to local permitting regulations. He stated that the current code required a separate performance bond for each permit; staff began updating the bond structure to comply with the new law effective October 1, 2026. Administrator Titkanich explained that the amendment would allow multiple permits under one security bond if they were closed within 45 days of completion. Due to timing conflicts with required public notice processes and federal funding deadlines, communication companies requested a temporary option to bundle permits under one bond. Staff recommended that the Board authorize this interim approach until the new Ordinance was adopted. Chairman Loar stated that this measure would expedite the process and benefit Indian River County residents. A motion was made by Commissioner Earman, seconded by Commissioner Adams, to approve staffs recommendation. The motion passed by the following vote: Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, Commissioner Earman Nay: 0 -None 13. Departmental Matters 13.A. Building and Facilities Services 13.B. Community Services 13.C. Emergency Services 13.D. Human Resources 13.D.1. Ratification of Memorandum of Understanding between Indian River County Emergency Services District and the International Association of Firefighters, Local 2201, Articles 28 and 31 Human Resources Director Suzanne Boyll presented a Memorandum of Understanding (MOU) that modified the current agreement with the International Association of Firefighters, specifically addressing articles 28 and 31. She explained that several anomalies in the existing agreement required adjustments to better meet operational needs. The first change increased the required notification time for canceling approved annual leave outside the seniority month selection process from 24 hours to 48 hours. The second change revised the procedure for employees securing coverage during mandatory status; previously, both employees moved to the bottom of the list, but under the new language, only one employee would be moved. Indian River County, Florida Page 11 There was no further discussion on this Item. A motion was made by Commissioner Earman, seconded by Commissioner Flescher, to approve staff's recommendation. The motion passed by the following vote: Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, Commissioner Earman Nay: 0 -None 13.E. Information Technology 13.F. Natural Resources 13.G. Office of Management and Budget 13.H. 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 15. Commissioners Matters 15.A. Commissioner Deryl Loar, Chairman 15.B. Commissioner Laura Moss, Vice Chairman 15.C. Commissioner Susan Adams 15.D. 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.C. Environmental Control Board 17. Public Comment: Non -Agenda -Related Matters 18. Adjournment There being no further business, the Chairman adjourned the meeting at 1:04 P.M. Indian River County, Florida Page 12 Board of County Commissioners Meeting Minutes - Final August 04, 2026 ATTEST: 4 Ryan L Butler Clerk of Circuit Court and Comptroller By: Deputy Clerk Deryl Loar, Chairman Approved