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Andrew David Easler, Esq. Published October 26, 2026

Indian Harbour Beach City Council Item 10.f: SOIRL 19-72 Muck Removal Funding Amendment on October 27


The Indian Harbour Beach City Council will meet on Tuesday, October 27, 2026, at 7:00 p.m. to consider a second amendment to the city's Save Our Indian River Lagoon funding agreement with Brevard County. The agreement is number SOIRL 19-72, and it pays for removing muck from the city's canals. The amendment would raise the county's share from $9,115,415 to $12,922,232. It would also remove the city's required local match. The item is New Business item 10.f on the agenda. Staff recommends that the City Council consider authorizing the City Manager to sign the amendment.

Background of Agreement SOIRL 19-72

The amendment states that the city and Brevard County entered into the agreement on October 18, 2019. The staff report says the 2019 agreement provided $9,115,415 in Save Our Indian River Lagoon funding for the city's muck removal project. It required a local match of $1,004,585. It was set to expire on June 30, 2023.

In 2023, the city and the county signed a first amendment. The second amendment states that the first amendment was entered on May 10, 2023. It moved the expiration date to December 31, 2032.

The staff report says that Brevard County representatives spoke at the joint Indian Harbour Beach and Satellite Beach City Council meetings on March 11, 2026. They stated that the program would increase the original award to account for inflation. They also stated that it would eliminate the required local match.

What the Second Amendment Would Change

The amendment's recitals state that the county passed the 2026 Save Our Indian River Lagoon Plan on February 10, 2026. That plan includes an inflation adjustment for this project. The contract value would go from $9,115,415 to $12,922,232. That is an increase of $3,806,817.

The amendment replaces two parts of the agreement. These are the Statement of Work in Attachment A and the Estimated Project Cost-Share Table in Attachment E. The recitals also state that the parties agree to sign a sub-lease for use of and access to the dredge material management area. They agree to sign an amendment for use of and access to the dredge material containment area. All other terms of the agreement stay in effect.

The county signature block on the amendment reads "As Approved by the Board on February 10, 2026." The staff report says City Attorney Bohne reviewed the amendment and found it legally sufficient in form and content.

The Canals and the Planned Work

The Statement of Work names the project Muck Removal and Interstitial Water Treatment of Indian Harbour Beach Canals. It covers canals within the city limits. It states that muck removal is a key part of the efforts to improve the water quality of the Indian River Lagoon system.

The amendment estimates 219,971 cubic yards of muck in 3.4 miles of city canals. About 48,993 cubic yards are in the finger canals. About 170,978 cubic yards are in the Grand Canal. The 2019 Statement of Work, also in the packet, estimated about 183,000 cubic yards.

The city plans to use a contractor by piggybacking on the county's Eau Gallie Muck Dredging Project. Work will focus first on the finger canals. Any remaining funds will go to dredging muck from the Grand Canal. The city may also treat the interstitial water from the dredged muck. The amendment quotes the 2026 Plan Update, which says trust funds can be used to bid dredging without interstitial water treatment at first. Under that approach, staff may later add muck removal or treatment by change order if costs are reasonable and funds are available. The project area may be expanded if more funds are received.

The amendment lists four tasks with these dates:

  • Design and permitting, from April 28, 2016, to March 1, 2027

  • Construction of the project, from January 1, 2027, to December 31, 2029

  • Engineering oversight, from January 1, 2027, to December 31, 2029

  • Sampling, from March 30, 2027, to December 31, 2029

The city will request reimbursements each quarter. The estimated schedule runs from the first quarter of 2027 through the third quarter of 2028. The city must also post a county approved sign at the site during the work. The sign must carry the Save Our Indian River Lagoon logo and leave room for the words "This project has been funded in part by the Save Our Indian River Lagoon ½ cent sales tax."

The Cost Share Table

The new Attachment E puts the total project cost at $13,682,232. Design and permitting is $150,000. Construction is $12,892,232. Engineering oversight is $400,000, and sampling is $240,000.

A Florida Department of Environmental Protection grant covers $760,000 of the cost. That is $150,000 for design and permitting and $610,000 for construction. The lagoon tax covers the remaining $12,922,232, or 94 percent. The local match column shows no amount.

The table lists an expected nitrogen reduction of 31,213 pounds. Of that, 3,795 pounds come from reducing sediment flux by dredging. The other 27,418 pounds come from removing dissolved nitrogen through interstitial water treatment. The inflation adjustment raises the cost share per pound from $957 to $1,362 for dredging and from $200 to $284 for treatment.

The amendment states that the project is in the city's budgets for fiscal years 2026 to 2027 and 2027 to 2028, based only on lagoon program and state appropriations funding. It states that without Save Our Indian River Lagoon funding, the project will not be carried out in the near future.

Related Items in the Agenda Packet

The draft minutes of the October 13, 2026, City Council meeting are in the packet for approval. They show a motion by Deputy Mayor Dyer to consider a not to exceed $12,295,027.54 piggyback contract with Brevard County at the November 17, 2026, meeting. The motion carried 5 to 0. The Acting City Manager's report for October 27 also lists the muck removal piggyback contract as a tentative item for November 17.

The same report states that on October 16, Indian Harbour Beach and Satellite Beach received a letter from the U.S. Army Corps of Engineers. The letter transferred the muck removal permits to each city. The report says both cities are still waiting on transfer paperwork from the Florida Department of Environmental Protection for the state permit.

The October 27 Meeting

The item is not listed as a public hearing. The agenda provides time for public comments on agenda items that are not public hearings under item 8.d. It states that people who wish to be heard should appear in person or send written comments to the City Clerk.

The agenda also gives the notice required by section 286.0105, Florida Statutes. A person who appeals a Council decision will need a record of the proceedings and may need to ensure a verbatim record is made. Anyone who needs special accommodation under the Americans with Disabilities Act should contact the City Clerk at 321-773-3181 at least 48 hours before the meeting.

Staff recommends that the City Council authorize the City Manager to execute the second amendment to the funding agreement on the city's behalf. The City Council meets Tuesday, October 27, 2026, at 7:00 p.m. in the City Hall Council Chamber, 2055 South Patrick Drive, Indian Harbour Beach.

This post is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Always consult a licensed attorney in your jurisdiction for advice tailored to your circumstances.

References

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