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HomeMy WebLinkAbout12/09/2025 (2)Indian River County, Florida Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov q � �LORIO�' Meeting Minutes - Final Tuesday, December 9, 2025 9:00 AM Commission Chambers 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 Board of County Commissioners Meeting Minutes - Final December 9, 2025 1. CALL TO ORDER Present: 5 - Chairman Deryl Loar Vice Chairman Laura Moss Commissioner Susan Adams Commissioner Joseph Flescher Commissioner Joe Earman 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.11. INVOCATION Chaplain Lou Tropf, IRC Jail 3. PLEDGE OF ALLEGIANCE John A. Titkanich, County Administrator 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS Tabled Item 9.N. A motion was made by Commissioner Flescher, seconded by Vice Chairman Moss, to approve the Agenda as amended. The motion carried by the following vote: Aye: 5- Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman 5. PROCLAMATIONS and PRESENTATIONS 5.A. 25-1155 Presentation - Update on Maintained Right of Ways Attachments: Update on Unmaintained ROW Assistant Public Works Director Danny Ooley shared details and cost estimates to improve unmaintained road Rights -of -Way (ROWS) throughout the County, ensuring the streets met current maintenance standards. His presentation delineated the specific areas in need of work along with their associated costs. Mr. Ooley pointed out that Indian River County's existing infrastructure comprised 405 miles of paved roads, 246 miles of graded dirt roads, 129 miles of maintained sidewalks, and 1,383 drainage structures and catch basins. He also noted the presence of other stormwater assets in the inventory. He stated that the 246 miles of unpaved roads would cost $3,624,084.90 in annual maintenance. Commissioner Adams called for a follow-up discussion on road conditions, which were found to be unexpectedly poor. She emphasized the importance of maintaining roads for community use and integrating improvements into the infrastructure plan. Indian River County, Florida Page 1 Board of County Commissioners Meeting Minutes - Final December 9, 2025 While not advocating for immediate paving, she suggested developing a maintenance plan for future budgets that included both quick solutions and long-term projects. She encouraged staff to develop an implementation plan for further discussion of the proposed strategies. Chairman Loar agreed with Commissioner Adams, expressing hope that staff could organize and prioritize the issues at hand. He suggested developing a funding plan for this effort. Mr. Ooley stated that with additional time, staff could put together a detailed proposal that outlined the complaints by area and identified the various issues. Presented 6. APPROVAL OF MINUTES 6.A. 25-1142 Regular Meeting of September 23, 2025 Recommended Action: Approve Attachments: 09232025 BCC Draft A motion was made by Commissioner Flescher, seconded by Commissioner Adams, to approve the regular meeting minutes of September 23, 2025, as written. The motion carried by the following vote: Aye: 5- Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. 25-1135 Indian River County Venue Event Calendar: December -January 2025/2026 Attachments: December -January Event Calendar.docx No Action Taken or Required 7.13. 25-1154 SWDD Closures and Collection Service Changes for Christmas and New Year's Day Recommended Action: Announce SWDD Closures and Collection Service Changes for Christmas and New Year's Day Attachments: SWDD 2025 Holiday Closure No Action Taken or Required 8. PUBLIC COMMENT: AGENDA -RELATED MATTERS (EXCEPT FOR PUBLIC HEARINGS) 9. CONSENT AGENDA Indian River County, Florida Page 2 Board of County Commissioners Meeting Minutes - Final December 9, 2025 A motion was made by Commissioner Flescher, seconded by Commissioner Adams, to approve the Consent Agenda as presented. The motion carried by the following vote: Aye: 5- Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman 9.A. 25-1073 Approval of Checks and Electronic Payments October 18, 2025 to October 24, 2025 Recommended Action: Approve the list of checks and electronic payments for the time period of October 18, 2025 to October 24, 2025 Attachments: Comptroller Division Staff Report Approved 9.6. 25-1089 Approval of Checks and Electronic Payments October 25, 2025 to October 31, 2025 Recommended Action: Approve the list of checks and electronic payments for the time period of October 25, 2025 to October 31, 2025 Attachments: Comptroller Division Staff Report Approved 9.C. 25-1107 Approval of Checks and Electronic Payments November 1, 2025 to November 7, 2025 Recommended Action: Approve the list of checks and electronic payments issued for the time period of November 1, 2025 to November 7, 2025 Attachments: Comptroller Division Staff Report Approved 9.13. 25-1120 Approval of Checks and Electronic Payments November 8, 2025 to November 14, 2025 Recommended Action: Approve the list of checks and electronic payments for the time period of November 8, 2025 to November 14, 2025 Attachments: Comptroller Division Staff Report Approved 9.E. 25-1150 Approval of Checks and Electronic Payments November 15, 2025 to November 21, 2025 Indian River County, Florida Page 3 Board of County Commissioners Meeting Minutes - Final December 9, 2025 Recommended Action: Approve the list of checks and electronic payments issued for the time period of November 15, 2025 to November 21, 2025 Attachments: Comptroller Division Staff Report Approved 9.F. 25-1115 Designation of Excess Equipment as Surplus and Authorization for Disposal Recommended action: Staff recommends the Board declare the items on the Excess List for 120925 as surplus, and authorize their disposition, as indicated. Attachments: Excess List for 120925 Approved staff's recommendation 9.G. 25-1086 Interest Rate Change on All County Financing (Petition Paving, Utility Assessment Projects, Utility Impact Fees, etc.) Recommended action: Staff recommends that the Board of County Commissioners approve the fixed interest rate of 4.3%. Staff further recommends that this rate remain in effect for calendar year 2026 for all County financing except for: 1) projects directly affiliated with a bond issue for which the bond covenants dictate a different interest rate; or 2) in the event the monies used for financing are accruing a higher interest rate for the issuance of debt in which case the rate shall be set at the higher amount. Attachments: Interest Rate History Chart Approved staffs recommendation 9.11-11. 25-1106 Annual Resolution Delegating Authority to Declare Local Emergencies to the County Administrator Recommended Action: Adopt the resolution delegating authority to the County Administrator, or his designee, to declare a state of emergency and to act in a state declared emergency affecting Indian River County effective from December 9, 2025 through December 31, 2026. Attachments: 25.11.6 2025-2026 Annual Delegation of Authority - Declaring Emergencies To approve staffs recommendation and Resolution 2025-075, delegating authority to the County Administrator to declare States of Local Emergencies and to act in a State of Florida declared emergency affecting Indian River County; rescinding Resolution No. 2024-071 effective December 09, 2025; and providing for an effective date. Indian River County, Florida Page 4 Board of County Commissioners Meeting Minutes - Final December 9, 2025 Aye: 5- Chairman Lear, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman 9.1. 25-1112 Annual Resolution Delegating Authority to Call Letters of Credit in Local Emergencies to the County Administrator Recommended action: Adopt the resolution delegating authority to the County Administrator, or his designee, to Call Letters of Credit in local emergencies affecting Indian River County effective from December 9, 2025 through December 31, 2026. Attachments: 25.11.6 2025-2026 Annual Delegation of Authority - Letters of Credit To approve staff's recommendation and Resolution 2025-076 delegating the authority to the County Administrator or his designee, to execute Resolutions calling letters of credit as necessary during a declared State of Local Emergency or declared State of Florida emergency affecting Indian River County; rescinding Resolution No. 2024-070, effective December 09, 2025; and providing for an effective date. Aye: 5- Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman 9.J. 25-1125 Resolution Cancelling Taxes on Property Purchased for Public Purpose — Sebastian River Improvement District Recommended Action: Authorize the Chairman of the Board of County Commissioners to execute the Resolution to cancel certain taxes upon the property purchased by Indian River County for a public purpose, and the Clerk to send a certified copy of the Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. Attachments: Resolution Cancelling Taxes Quit Claim Deed - SRID to County - 74th Ave Hawks Grove - Recorded.pdf To approve staffs recommendation and Resolution 2025-077, cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. Aye: 5- Chairman Lear, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher. and Commissioner Earman 9.K. 25-1105 Consideration of the Indian River County SHIP Program 2025 Annual Report Recommended Action: Staff recommends that the Board of County Commissioners: 1. approve the attached SHIP 2025 annual report and authorize its formal submission to the Florida Housing Finance Corporation after any necessary changes are made; and 2. authorize the Chairman to sign the attached Certification form; and 3. authorize staff to make any minor reporting changes to the annual report and Certification form that may be requested by the Florida Housing Finance Corporation. Indian River County, Florida Page 5 Board of County Commissioners Meeting Minutes - Final December 9, 2025 Attachments: Draft SHIP Annual Report FY 2022-2023 Summary for LRC (HHR,NSP1,CDBG Wilma) SHIP Annual Certification Form Approved staffs recommendation 9.1L. 25-1129 Approval of Extension to Memorandum of Understanding between Humane Society of Vero Beach & Indian River County Florida Inc., and the Indian River County Board of County Commissioners Recommended Action: Staff is recommending the Board approve and execute the Extension to the Memorandum of Understanding for Animal Shelter Services between the Humane Society of Vero Beach & Indian River County Florida., and Indian River County Board of County Commissioners. Attachments: IRC MOU EXT 12-1-25 w sig Approved staffs recommendation 9.M. 25-1139 Acceptance and Approval of Expenditures of Emergency Management Program Grant (EMPG) Federally -Funded Subgrant - Agreement Number: G0624 Recommended action: Staff recommends approval of the EMPG Federally -Funded Subgrant Agreement (G0624), associated expenditures, and authorization of the Chairman to execute this agreement between Indian River County Emergency Management and the State of Florida, Division of Emergency Management. Attachments: FY 25-26 EMPG Agreement G0624 11.25 Approved staffs recommendation 9.N. 25-1114 Approval of SimpliGov Enterprise Workflow Automation Platform Recommended Action: Staff recommends the Board approve the purchase of SimpliGov LLC enterprise workflow automation software, professional services, and support in an amount not to exceed $2,963,275 pursuant to NASPO ValuePoint Contract AR2472 / Florida Addendum 43230000-NASPO- I 6 -ACS, and authorize the Procurement Division to issue annual purchase orders in accordance with the provided quote. Attachments: RedLief Cover Page Carahsoft Quote for SimpliGov Tabled 9.0. 25-1132 2026 Special Olympics Fall Classic License Agreement — November 7, Indian River County, Florida Page 6 Board of County Commissioners Meeting Minutes - Final 9.P 9.Q. 9.R. December 9, 2025 2026 Recommended action: Staff respectfully requests that the Board of County Commissioners approve the License Agreement with Special Olympics Inc. and authorize the Chairman to execute the agreement after review and approval by the County Attorney for legal sufficiency. Attachments: 2026 Special Olympics Fall Classic Agreement.docx Exhibit A Site Plan.pdf Exhibit B Special Olympics Itemized Fee Schedule.xlsx Special Olympics Exhibit C Parks Division Rules 12202023.docx Approved staffs recommendation 25-1133 Latitude -88, Inc. Recurring License Agreements; Oktoberfest, Bluesfest, January Home Show, April Home Show, Arts & Craft Expo 2026-2029 Recommended Action: Staff respectfully requests that the Board of County Commissioners approve the License Agreements with Latitude -88, Inc. and authorize the Chairman to execute the Agreements after review and approval by the County Attorney for legal sufficiency. Staff further request that the Board authorize the Deputy County Administrator or his designee to make minor, non -substantive amendments to the Agreements as needed over the next two years should they be necessary. Attachments: Oktoberfest Renewing License Agreement and Exhibits.pdf April Home Show Renewing Agreement and Exhibits.pdf Bluesfest Renewing License Agreement and Exhibits.pdf Holiday Arts Craft Expo Renewing Agreement and Exhibits.pdf January Home Show Renewing Agreement and Exhibits.pdf Approved staffs recommendation 25-1136 Southeastern Fastpitch Inc. License Agreement - 2026 Tournament Season Recommended Action: Staff respectfully requests that the Board of County Commissioners approve the Parks Recreation & Conservation License Agreement with Southeastern Fast Pitch Inc. and authorize the Chairman to execute the agreement after review and approval by the County Attorney. Attachments: Southeastern Fastpitch License Agreement .pdf Exhibit A - premises.pdf Southeastern Fastpitch Exhibit B 2026 Tournaments.xlsx Southeastern Fastpitch Exhibit C Parks Division Rules 12202023. docx Approved staffs recommendation 25-1103 Approval of an Agreement with the Florida Department of Transportation Indian River County, Florida Page 7 Board of County Commissioners Meeting Minutes - Final December 9, 2025 and Florida East Coast Railroad for the Closure of the Old Dixie Highway Railroad Crossing Recommended action: Staff recommends that the Board of County Commissioners approve the Stipulation of Parties for the Closure of the Old Dixie Highway Crossing. Attachments: Stipulation of Parties for the Closure of the Old Dixie Highway Crossing Approved staffs recommendation 9.S. 25-1138 Request for Release of the 10 -foot wide Conservation Easement on Private Property located at 5380 95th Street (Durrance Road) Recommended Action: Staff recommends that the Board of County Commissioners, through adoption of the attached resolution, approve the release of the 10 -foot wide conservation easement upon Lot 9 of the River Boat Club Attachments: Location Map The River Boat Club Final Plat Property Survey Proposed Resolution To approve staffs recommendation and Resolution 2025-078, releasing an easement on 5380 95th Street. Aye: 5- Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman 9.T. 25-1145 Request for Release of the 25 -foot Drainage Easement on 4520, 4540, and 4560 77th Street Recommended Action: Staff recommends that the Board of County Commissioners, through adoption of the attached resolution, approve the release of the 25 -foot wide drainage easement upon Lots 6, 7, and 8 of the Hobart Estates, Unit No. l subdivision. Attachments: Aerial Map Hobart Estates Final Plat Property Surveys Proposed Resolution To approve staff's recommendation and Resolution 2025-079 releasing the surface drainage easement on 4520, 4540, and 4560 77th Street. Aye: 5- Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher. and Commissioner Earman 9.U. 25-1152 Resolution Accepting Final Plat Dedications for Vero West Business Park Indian River County, Florida Page 8 Board of County Commissioners Meeting Minutes - Final December 9, 2025 Attachments: Draft Resolution Accepting Plat Dedications Vero West Business Park Final Plat To approve staff's recommendation and Resolution 2025-080, accepting dedications from Vero West Business Park by plat pursuant to Florida Statute Section 177.081. Aye: 5- Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman 9.V. 25-1025 Release of Retainage and Approval of Change Order No. 1 - 43rd Avenue Bicycle and Pedestrian Improvements 14th Lane and 15th Place Resurfacing (IRC -1818A) Attachments: Change Order No. 1 Application for Payment 1818A-5 FINAL Approved staffs recommendation 9.W. 25-1101 Construction Services: Flooding of Mixon Property, 1605 98th Ave. (Riverside Drenching Inc.) Recommended Action: Approve the quote from Timothy Rose Contracting Inc. in the amount of $55,000.00, inclusive of contingency, to complete the drainage improvements and authorize the Purchasing Division to issue a purchase order for the work. Attachments: IRC -Riverside Drenching Quote 11-26-25 KHA PLAN 1202023 FPL IRC Executed Developer's Agreement 11.30.20 FPL -First Amendment to Dev. Agreement 12.7.21 Approved staffs recommendation 9.X. 25-1116 Approval of Work Order No. 25 - Kimley-Horn and Associates, Inc. 43rd Avenue Pedestrian and Bicycle Access Improvements from 6th Street to 12th Street (IRC -1904) Recommended Action: Staff recommends approval of Work Order No. 25 to Kimley-Horn and Associates, Inc., authorizing the professional services as outlined in the Scope of Services and requests the Board authorize the Chairman to execute Work Order No. 25 on their behalf fora lump sum amount of $278,568. Attachments: Work Order No. 25 Approved staffs recommendation 9.Y. 25-1117 Approval of Work Order No. 26 - Kimley-Horn & Associates, Inc. Aviation Boulevard Extension (33rd Street to 36th Street) (IRC -1761) Recommended action: Staff recommends approval of Work Order No. 26 to Kimley-Horn and Associates, Inc., authorizing the professional services as outlined in the Scope of Services and Indian River County, Florida Page 9 Board of County Commissioners Meeting Minutes - Final December 9, 2025 requests the Board authorize the Chairman to execute Work Order No. 26 on their behalf for a lump sum amount of $420,395. Attachments: Work Order No. 26 Approved staffs recommendation 92. 25-1118 Release of Retainage and Change Order No. 1, Waters Edge Culvert Replacement (IRC -2201) Recommended action: Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 2201-7 FINAL in the amount of $59,219.01 for release of retainage, contingent upon receipt of all subcontractor final lien releases. Refunds will be issued to residents who prepaid the assessment fee to reflect the decreased project cost. The Tax Collector and Property Appraiser will also be notified of the reduction in the overall charge. Attachments: Change Order No. 1 Contractor's Application for Payment 2201-7 FINAL Approved staffs recommendation 9.AA. 25-1121 Data Flow Systems (DFS) Telemetry Control Unit (TC0001) Trade-in Recommended action: Staff recommends the Board of County Commissioners (BCC) authorize the trade-in of the 270 Telemetry Control Units (TC0001) over three years. Staff also recommends that the BCC authorize the Procurement Manager to issue Purchase Orders for the replacement telemetry control units, TCU800. Attachments: Price quote from Data Flow Systems Disposal Property Form Approved staffs recommendation 9.AB. 25-1131 Amendment 1 to Work Order 2 for Schulke, Bittle & Stoddard, LLC, for Floravon Shores Septic to Sewer, IRCDUS Project ID 21.19.556 Recommended Action: Staff recommends that the Indian River County Board of County Commissioners approve Amendment 1 to Work Order No. 2 to Schulke, Bittle & Stoddard, LLC in the amount of $29,730 to provide additional administrative, bidding, and construction services, and authorize the Chair to execute the same. So long as there are no changes in the dollar amount under the work order and upon adequate completion of the work set forth in the work order and amendment, staff is directed to make final payment and release any retainage to Schulke, Bittle & Stoddard, LLC. Attachments: SBS Scope Proposal for Amend 1 to WO 2 Approved staffs recommendation Indian River County, Florida Page 10 Board of County Commissioners Meeting Minutes - Final December 9, 2025 10. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10.A. 25-1124 Request for Funds from Municipal Elections to be Rolled into Supervisor of Elections 2025/2026 Budget Recommended Action: Approve the request Attachments: Municipal Reimbursement Fees 2025 Supervisor of Elections Leslie Swan appeared before the Board to request that revenue received from Municipal Elections be rolled into the Supervisor of Elections 2025/2026 budget. A motion was made by Commissioner Flescher, seconded by Commissioner Adams, to approve the Supervisor of Elections' request. The motion carried by the following vote: Aye: 5- Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman Chairman Loar utilized his privilege to move Item 14.A. to Item IO.B. and requested a motion to approve. A motion was made by Commissioner Flescher, seconded by Commissioner Adams, to approve the Chairman's request to move Item 14.A. to Item 10.13. The motion carried by the following vote: Aye: 5- Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman 10.13. 25-1159 Opioid Funding Recommendations from the Public Safety Council for Criminal Justice, Mental Health and Substance Abuse Attachments: IRC RFA Opioid Settlment Final Scores and Recommendations County Attorney Jennifer Shuler introduced the new round of opioid funding, which aligned with ongoing efforts to build upon the Needs Assessment conducted by the Opioid Task Force. A Request for Applications (RFA) was issued for individuals and organizations seeking funding. She stated that the proposal was presented to the Public Safety Coordinating Council for Criminal Justice, Mental Health, and Substance Abuse (Council), which addressed issues related to criminal justice, mental health, and substance abuse, and that the Council was established to make funding recommendations. She stated that Amanda Busbin from the Southeast Florida Behavioral Network and Carrie Lester from Thrive were available to answer any questions. Indian River County, Florida Page 11 Board of County Commissioners Meeting Minutes - Final December 9, 2025 Chairman Loar requested that Ms. Busbin review the RFA process. Ms. Busbin explained the submission process for funding applications established during a summer Council meeting. She stated that an RFA was issued for unused funds, with applications accepted until October 15, 2025, resulting in nine submissions. She noted that a five -member review board evaluated the applications based on alignment with the Opioid Needs Assessment. Ms. Busbin stated that six applicants advanced to oral presentations, and five were selected for funding, though none received the full requested amount. The funding allocation totaled $1.2 million for one year, and plans were made to improve the process for the following year. She expressed her appreciation to the Opioid Task Force for their efforts in completing the process. Commissioner Flescher expressed his appreciation for Ms. Busbin and her team for the tremendous job they had done. He highlighted the seamless collaboration during the vetting and assessment of over one million dollars in new funding and was very pleased with the direction this initiative had taken. He anticipated more support for education and mental health assistance as part of the process. Thrive CEO Carrie Lester expressed gratitude for the improvement process and emphasized the organization's commitment to ongoing enhancement. She shared her privilege of presenting at the Public Safety and Behavioral Health Summit in Tampa, FL. A motion was made by Commissioner Flescher, seconded by Commissioner Earman, to approve the Opioid funding recommendations from the Public Safety Council for Criminal Justice, Mental Health and Substance Abuse. The motion carried by the following vote: Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman 11. PUBLIC ITEMS A. PUBLIC HEARINGS PROOF OF PUBLICATION FOR THESE HEARINGS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD. 11.A.1. 25-1104 Biosolids Moratorium Extension Ordinance - LEGISLATIVE Recommended action: The County Attorney's Office recommends that after the public hearing the Board vote to approve the ordinance. Indian River County, Florida Page 12 Board of County Commissioners Meeting Minutes - Final December 9, 2025 Attachments: 25.11.6 Biosolids Ordinance Extention 2025 Affidavit of Publication - Biosolids 25.7.7 IRC Business Impact Estimate Anchoring Limitation Ordinance Assistant County Attorney Chris Hicks presented the yearly renewal of the Biosolids Moratorium Extension Ordinance, which originated in 2018. At that time, the Statute required staff to return each year to renew the moratorium. Attorney Hicks mentioned a new Bill under consideration that would either extend the moratorium or prevent companies from applying biosolids to their land. Although this Bill had not yet passed, he noted that if it did and aligned with their needs, they would no longer need to seek renewal annually. The Chairman opened the public hearing. There being no speakers, the Chairman closed the public hearing. There was no further discussion on this Item. A motion was made by Commissioner Flescher, seconded by Commissioner Earman, to approve staffs recommendation and to adopt Ordinance 2025-016, authorizing an extension of the temporary moratorium for an additional 1 year, or until a comprehensive review of the impact on the County's ecosystem is completed, within the unincorporated areas of Indian River County prohibiting land application activities of Class B Biosolids; providing for additional study and possible regulation of Class B Biosolids application activities; providing for exhaustion of administrative remedies; and providing for severability, repeal of conflicting provisions, and an effective date. The motion carried by the following vote: Aye: 5- Chairman Lear, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman 11.A.2. 25-1108 Public Hearing Scheduled for December 9, 2025, to Consider Notice Of Intent To Use Uniform Method Of Collecting Non -Ad Valorem Assessments - LEGISLATIVE Attachments: 2025 Resolution County Attorney Jennifer Shuler explained the process for collecting non -ad valorem assessments. The Board of County Commissioners was responsible for imposing special assessments to fund essential services, including Street Lighting, Road Maintenance, Stormwater Management, Water and Sewer Systems, Solid Waste Disposal, and other public services. To implement the uniform collection method outlined in Florida Statute 197.3632, the Board must adopt a Resolution detailing the levy, its necessity, and the specific property boundaries that were affected. The Chairman opened the public hearing. There being no comments, the Chairman closed the public hearing. Indian River County, Florida Page 13 Board of County Commissioners Meeting Minutes - Final December 9, 2025 A motion was made by Commissioner Flescher, seconded by Commissioner Earman, to approve staffs recommendation and Resolution 2025-081, electing to use the uniform method of collecting non -ad valorem special assessments levied within the unincorporated and all participating incorporated areas of Indian River County; stating a need for such levy; providing for the mailing of this Resolution; and providing for an effective date. The motion carried by the following vote: Aye: 5- Chairman Lear, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman 11.A.3. 25-1113 Public Hearing for Ordinance Amending Code Indian River County Code Sections 102.01 (1), and 102.01(4) - LEGISLATIVE Attachments: Ch 102.01 Revision Ordinance 11.13.25 25.11.12 IRC Business Impact Estimate IRC rev Chap 102 Affidavit of Publication - Amend 102.01 County Attorney Jennifer Shuler stated that at the last Board meeting, the Board had directed the County Attorney to prepare and advertise an Ordinance amending Indian River Code Chapter 102. This Ordinance amended Indian River County Code Section 102.01(1) to clarify that the Board of County Commissioners would meet on the first and third Tuesday of the month. It also required that the annual schedule of regular meetings be approved by the Board by the first meeting in November for the ensuing year. Additionally, it revised Indian River County Code Section 102.01(4) to allow Commissioners, Constitutional Officers, and Government Agencies to submit an Agenda Item 10 days prior to the Regular Board of County Commissioner meeting. Furthermore, it mandated the County Administrator provide an Agenda Packet on or before the close of business on the Thursday preceding the commission meeting. The Chairman opened the public hearing. There being no comments, the Chairman closed the public hearing. A motion was made by Commissioner Flescher, seconded by Commissioner Adams, to approve staffs recommendation and to adopt Ordinance 2025-017, amending Indian River County Code Chapter 102 titled "Board of County Commissioners meetings and procedures to state that regular meetings will be held on the first and third Tuesdays of the month; to require advance approval of the annual meeting schedule and to specify when Agenda matters must be submitted into the Agenda Management System and when Agenda packets will be distributed prior to meetings. The motion carried by the following vote: Aye: 5- Chairman Lear, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman 11.A.4. 25-1147 Gladys Bastin's Request to Rezone Approximately ±1.50 Acres from A-1, Agricultural District to RS -6, Residential Single -Family District - QUASI-JUDICIAL Recommended Action: Based on the analysis and conclusions outlined in this report, staff recommends that Indian River County, Florida Page 14 Board of County Commissioners Meeting Minutes - Final December 9, 2025 the Board of County Commissioners approve the request to rezone the ±1.5 -acre subject parcel from A-1 to RS -6. Attachments: Rezoning Map Future Land Use Map Zoning District Comparison Rezoning Application Proposed Rezoning Ordinance Chairman Loar introduced the parties to the proceeding as Indian River County and Gladys Bastin (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. Patrick Murphy, Chief of Long -Range Planning, presented a rezoning proposal for a ±1.50 -acre property located on the north side of 16th Street, which was zoned A-1 (Agricultural District) within the Urban Service Boundary (USB). He stated that the Applicant sought to rezone the property to RS -6, Residential Single -Family District, to enable a lot split for building a single-family home for their grandson. Mr. Murphy stated that staff analysis determined that the requested rezoning to RS -6 aligned with the Comprehensive Plan and supported the County's goals for sustainable residential growth within the USB. The Chairman opened the public hearing. Deborah Apolinario asked about rezoning the property to RS -6 and whether a mobile home park could be established after the applicant's passing. Mr. Murphy explained that RS -6 zoning does not permit mobile home parks, which require a specific Residential Mobile Home Zoning category. Acting Planning and Services Director Ryan Sweeney clarified that the current rezoning was limited to single-family homes and noted that, given the property's 1.5 -acre size, creating a subdivision would be very difficult. There being no further comments, the Chairman closed the public hearing. Commissioners Earman and Flescher stated their agreement with the rezoning request. A motion was made by Commissioner Earman, seconded by Commissioner Flescher, to approve staffs recommendation and to adopt Ordinance 2025-018, amending the zoning Ordinance and the accompanying zoning map for Indian River County, Florida Page 15 Board of County Commissioners Meeting Minutes - Final December 9, 2025 approximately 1.5 acres located on the north side of 16th Street, approximately 750 feet east of 74th Avenue from A-1, Agricultural District to RS -6, Single -Family Residential District; providing codification, severability, and effective date. The motion carried by the following vote: Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman 11.A.5. 25-1148 Schwerin 510 LLC's Request to Rezone Approximately ±1.04 Acres from CL, Limited Commercial District to CG, General Commercial District - QUASI-JUDICIAL Recommended Action: Based on the analysis and conclusions outlined in this report, staff recommends that the Board of County Commissioners approve the request to rezone the ±1.04 -acre subject parcel from CL to CG. Attachments: Zoning Map Future Land Use Map Zoning District Comparison Rezoning Application Proposed Rezoning Ordinance Chairman Loar introduced the parties to the proceeding as Indian River County and Schwerin 510 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. Patrick Murphy, Chief of Long -Range Planning, presented a rezoning proposal for approximately 1.04 acres located on the north side of County Road (CR) 510. The property was zoned CL (Limited Commercial) with a Future Land Use designation of CII (Commercial/Industrial). It was situated within the U.S. Highway 1 & CR 510 North commercial and industrial node, and the Wabasso Corridor. The applicant sought to rezone the property to CG, the General Commercial District, to unify zoning across adjacent parcels they owned that were already zoned CG. This rezoning aimed to enhance development consistency in alignment with the Wabasso Corridor's commercial development pattem. Staff determined that the request to rezone approximately 1.04 acres from CL to CG was consistent with the Comprehensive Plan. It met all relevant Land Development Regulations (LDRs) and advanced the County's planning objectives for the area. The property was well-positioned for commercial uses permitted in the CG District, making the proposed rezoning appropriate. Indian River County, Florida Page 16 Board of County Commissioners Meeting Minutes - Final December 9, 2025 Vice Chairman Moss noted the unavailability of the Indian River County Zoning Atlas in digital format. Acting Planning and Services Director Ryan Sweeney described it as an old, color -coded map reflecting the original zoning designations from the mid-1970s, which were altered during a countywide zoning change to CL. He offered Vice Chairman Moss the chance to review the map in his office. Mr. Sweeney responded to Vice Chairman Moss, stating that staff had conferred with the applicant regarding the rationale for their request. The applicant indicated that they were seeking the highest and best use of the property and planned to combine this property with the remainder of their holdings. The Chairman opened the public hearing. There being no comments, the Chairman closed the public hearing. A motion was made by Commissioner Flescher, seconded by Commissioner Adams, to approve staffs recommendation and to adopt Ordinance 2025-019, amending the zoning Ordinance and the accompanying zoning map for approximately 1.04 acres located on the north side of County Road 510, approximately 500 feet northeast of US Highway 1, from CL, Limited Commercial District, to CG, General Commercial District; and providing codification, severability, and effective date. The motion carried by the following vote: Aye: 5- Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman The Chairman called for a recess at 10:18 am and reconvened at 10:26 with all members present. B. PUBLIC NOTICE ITEMS 12. COUNTY ADMINISTRATOR MATTERS 13. DEPARTMENTAL MATTERS A. Building and Facilities Services B. Community Services C. Emergency Services D. Human Resources E. Information Technology F. Natural Resources Indian River County, Florida Page 17 Board of County Commissioners Meeting Minutes - Final December 9, 2025 G. Office of Management and Budget H. Parks, Recreation, and Conservation 13.H.1. 25-1111 Consideration of a Sale Agreement for the Purchase of the 15.47 -acre Osprey Estates site through the Environmental Lands Acquisition Bond Attachments: Attachment 1 Osprey Estates Assessment.pdf Attachment 2 Osprey Estates Appraisals.pdf Attachment 3 Osprey Estates Purchase Sale Agreement.pdf Attachment 4 ELAP Notice of Intent 10-22-25 Osprey Estates.pdf Parks, Recreation & Conservation Assistant Director Wendy Swindell proposed a Sale Agreement for the purchase of the 15.47 -acre Osprey Estates site through the Environmental Lands Acquisition Bond. This Tier 1 property consisted of three parcels near the Indian River Lagoon, primarily wetlands that had been linked to a mosquito impoundment. If acquired, the site would be used for environmental conservation and passive recreation, including plans for native upland restoration and enhanced mangrove wetlands. This acquisition aligned with the Bond Resolution and offered benefits such as preventing development near sensitive habitats, creating wildlife habitats, improving water quality, and ensuring habitat resilience against environmental changes. Chairman Lear noted that in November 2022, voters in Indian River County approved an Environmental Land Bond, marking it as the third of its kind in the County's history. He pointed out that this clearly reflected an essential aspect of the County's growth management, and the community was truly grateful for it. Commissioner Earman emphasized the property's high value, driven by its prime location and development potential. He believed the asking price was reasonable given the market trends and highlighted its appeal due to proximity to Vero Beach and Sebastian. Commissioner Earman saw exciting opportunities for making the area a desirable destination, despite the need for bridges and walkways, and fully supported the initiative. Deputy County Administrator Mike Zito underscored that this was an excellent opportunity to integrate the new acquisition with the development of a park. Staff have explored various resources to design and enhance the nearby 40th Street Gifford Dock. Importantly, they attended meetings with the Gifford Progressive League to encourage community input on what residents wanted to see at the park. He noted that staff aimed to balance these suggestions with what the County could afford to build, in conjunction with the City of Vero Beach's ongoing Indian River County, Florida Page 18 Board of County Commissioners Meeting Minutes - Final December 9, 2025 obligations. A motion was made by Commissioner Earman, seconded by Commissioner Flescher, to approve staffs recommendation. The motion carried by the following vote: Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman I. Planning and Development Services J. Public Works K. Sandridge Golf Club L. Utilities Services 13.L.1. 25-1122 Department of Utility Services Integrated Water Master Plan Q1 2026 Update to the Indian River County Board of County Commissioners, IRCDUS Project ID: 00.23.547 Recommended action: No action is required. This item will be a presentation by the Department of Utility Services staff to the Indian River County Board of County Commissioners on the current progress of the Integrated Water Master Plan project. Department of Utility Services Capital Projects Manager Howard Richards stated that when the Board approved the Integrated Water Master Plan (IWMP) on September 25, 2024, it was agreed that the Utility Department would provide informational updates at the six-month mark, followed by quarterly updates thereafter. The Board also requested that these updates include information on the use of the approved contingency funds for the project. Mr. Richards presented slides detailing the project's approach, the strategic alignment framework, and the project timeline, which was currently estimated to be completed around July 2026. He reviewed the accomplishments since the September update, including the completed condition assessment of County facilities. Mr. Richards noted that the Board had pre -approved the contingency funds for the project. The total contingency request was $38,838.81. Chairman Loar expressed his appreciation for the update, along with the other Commissioners. He emphasized that the Department of Utility Services operated as an Enterprise Fund and explained that an Enterprise Fund was designed to be self-sustaining and not a burden on taxpayers. No Action Taken or Required 14. COUNTY ATTORNEY MATTERS 14.A. 25-1159 Opioid Funding Recommendations from the Public Safety Council for Criminal Justice, Mental Health and Substance Abuse Indian River County, Florida Page 19 Board of County Commissioners Meeting Minutes - Final December 9, 2025 Attachments: IRC RFA Opioid Settlment Final Scores and Recommendations [Clerks note: Item 14.A. was moved to Item 10.B.] 15. COMMISSIONERS MATTERS A. Commissioner Deryl Loar, Chairman B. Commissioner Laura Moss, Vice Chairman C. Commissioner Susan Adams D. Commissioner Joseph H. Earman E. Commissioner Joseph E. Flescher 16. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District The Board of County Commissioners reconvened as the Board of Commissioners of the Solid Waste Disposal District. The minutes will be approved at an upcoming Solid Waste Disposal District meeting. B. Solid Waste Disposal District 16.B.1. 25-1143 Approval of SWDD Meeting Minutes of September 23, 2025 Recommended Action: Approve A motion was made by Commissioner Flescher, seconded by Chairman Loar, to approve the Solid Waste Disposal District Meeting Minutes of September 23, 2025, as written. The motion carried by the following vote: Aye: 5- Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman 16.113.2. 25-1119 Work Order No. 10 to Geosyntec for Annual Compliance Monitoring and Reporting for 2026 Recommended Action: Solid Waste Disposal District (SWDD) staff recommends that its Board approve Work Order No. 10 with Geosyntec Consultants for $287,637.28 to provide engineering services related to the SWDD Annual Permit, Compliance Monitoring, and Reporting; and authorize the Chairman to execute the same, as presented. Attachments: WORK ORDER No 10 2026 Annual Compliance.pdf There was no discussion on this Item. Indian River County, Florida Page 20 Board of County Commissioners Meeting Minutes - Final December 9, 2025 A motion was made by Commissioner Adams, seconded by Commissioner Flescher, to approve staffs recommendation. The motion carried by the following vote: Aye: 5- Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman 16.8.3. 25-1126 Request for General Fund funds for PACE EH and Other Community Cleanup Projects Recommended Action: Staff recommends the Board of County Commissioners authorize up to $6,000.00 to be donated to various PACE/illegal dumping projects from the General Fund Reserve for Contingencies for the sole purpose of paying associated landfill fees. Attachments: Landfill Fee Allocation There was no discussion on this Item A motion was made by Commissioner Adams, seconded by Chairman Loar, to approve staffs recommendation. The motion carried by the following vote: Aye: 5- Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman 16.B.4. 25-1128 Amendment No. 1 to Agreement for Landfill Gas Wellfield Expansion Project Recommended Action: Staff recommends the Board waive bid requirements and approve the attached Amendment No. 1 to landfill gas wellfield expansion agreement to SCS Field Services in the amount of $421,500 and authorize the Chairman to execute it after review and approval by the County Attorney as to form and legal sufficiency. Staff also recommends the Board authorize the County Administrator to approve contingency funds to cover change orders to the agreement that may be necessary, including increases in price, up to a total project cost of $700,000, to prevent delays in work. Attachments: Amendment No 1 Indian River County 2025 Signed by SCS.pdf There was no discussion on this Item A motion was made by Commissioner Flescher, seconded by Commissioner Adams, to approve staffs recommendaiton. The motion carried by the following vote: Aye: 5- Chairman Lear, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman 16.B.5. 25-1130 IRC Landfill Work Order No. 2 to Geosyntec for Partial Closure Design and Landfill Gas System Evaluation Recommended Action: Staff recommends the Board approve IRC Landfill Work Order No. 2 with Geosyntec Consultants for $416,039.48 to provide engineering services related to the Partial Closure Design and GCCS Evaluation; and authorize the Chairman Indian River County, Florida Page 21 Board of County Commissioners Meeting Minutes - Final December 9, 2025 to execute the same, as presented. Attachments: IRC Partial Closure & GCCS Evaluation.pdf There was no discussion on this Item. A motion was made by Commissioner Flescher, seconded by Commissioner Adams, to approve staffs recommendation. The motion carried by the following vote: Aye: 5- Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman 16.B.6. 25-1151 2nd Amendment to Solid Waste and Recyclables Collection Franchise Agreement between SWDD and Waste Management, Inc. of Florida Recommended action: Staff recommends that the Solid Waste Disposal District (SWDD) Board approve the Second Amendment to the Solid Waste ad Recycling Collection Franchise Agreement between SWDD and WM; and authorize the Chairman to execute the agreement. Attachments: 2nd Amendment to Franchise with WM - Final.pdf Indian River County Supplemental Fees -1 01 525.pdf Himanshu Mehta, Managing Director of the Solid Waste Disposal District (SWDD), highlighted key updates in the Second Amendment to the Solid Waste Collection Franchise Agreement with Waste Management, Inc. of Florida (WM). Key changes included: 1. Yard Waste Cart Exemptions: Previously, a 95 -gallon yard waste cart was required for all curbside residents in Unincorporated Indian River County. Now, fewer than 50 communities with about 5,000 residents were exempt for 5 years, with WM waiving the $100 fee for additional carts for the first 5,000 customers outside of those communities who request one. 2. Standardized Carts and Cart Swaps: Starting October 1, 2025, residents would be able to swap standardized recycling and trash carts sooner than planned, and yard waste service would decrease from 4 to 1 cubic yard per week. 3. Supplemental Fees: To address confusion and rising costs for multi -family and commercial customers, WM eliminated the recycling cart roll-out fee, lowered specific fees to a monthly rate, and required customer approval for supplemental fees. A discussion ensued between the Board and Mr. Mehta regarding the notable 93% increase in Commercial Waste Management rates, which took effect on October 1, 2025. This decision was attributed to a competitive bidding process. Mr. Mehta highlighted that previous rate increases had been controlled, influenced by the Consumer Price Index and the COVID-19 pandemic. This resulted in higher bids from various companies compared to the rates established in the previous ten-year contract. Indian River County, Florida Page 22 Board of County Commissioners Meeting Minutes - Final December 9, 2025 Vice Chairman Moss asked about the potential for rate decreases. County Administrator Titkanich responded and clarified that, while the rates remained set, supplemental fees had varied. He emphasized that the commercial rates remained competitive relative to neighboring counties and noted that the increase was a necessary adjustment following a decade of low rates. Administrator Titkanich inquired whether WM would waive the $100 fee for distributing approximately 5,000 carts. Mr. Mehta clarified that, while 5,000 yard waste carts had been reserved, they remained undelivered due to specific communities had received an exemption. The collection of this fee was still necessary as part of the non -ad valorem assessment program, which involved collecting the assessment through residents' tax bills. Under the Franchise Agreement, WM was obligated to be prepared to provide service to the community each day, even though the community had opted out of yard waste service. This scenario mirrored previous franchise agreements in which communities had used their own yard waste companies and paid service charges directly to WM. Those communities had opted not to allow WM to collect yard waste, preferring to hire their own landscapers. Additionally, WM agreed that during the one-year period, if another 5,000 residents outside the exempt communities required a second yard waste cart, the current $100 delivery fee would be waived. However, residents would need to agree to an extra $10 monthly fee for the second cart, as specified in the amendment regarding benefits for exempt communities. Mr. Mehta further clarified that there was no mechanism to credit the $100 to exempt communities. Chairman Loar stated that, in his understanding, the 5,001st customer would be required to pay the $100 fee for a new yard waste cart. To the Administrator's point, those 5,000 carts had already been effectively paid for. The key takeaway was that WM was already being compensated by those 5,000 customers who were not receiving the services. Luigi Pace of Waste Management addressed the Board, stating that he did not have the authority to agree to any changes from those initially discussed and negotiated with Mr. Mehta. If the Board desired to make any changes, Mr. Pace would need to seek permission and approval to proceed. Chairman Loar requested a motion to bring this Item back in January 2026. Commissioner Flescher believed it would be appropriate and in the public's best interest. A motion was made by Commissioner Flescher, seconded by Vice Chairman Moss, to postpone the discussion until the January 13, 2026, BCC Meeting. The motion carried by the following vote: Indian River County, Florida Page 23 Board of County Commissioners Meeting Minutes - Final December 9, 2025 Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman C. Environmental Control Board 17. PUBLIC COMMENT: NON -AGENDA -RELATED MATTERS Chinitta Tate, a Public Affairs Specialist with the Small Business Administration, addressed the Board regarding the severe storms and flooding in October 2025 that impacted Brevard and Indian River Counties. She discussed the available disaster loans for affected local businesses and residents, highlighting key deadlines: property damage applications were due by January 6, 2026, and economic injury assistance applications by August 7, 2026. The loans feature low, fixed interest rates, terms of up to 30 years, and would allow up to 12 months without payments. Additionally, loans of up to $500,000 were available for damage to the primary residence, and up to $100,000 for personal property. Ms. Tate emphasized the importance of rebuilding better to enhance community resilience against future disasters. Lisa Snycerski addressed the Board to express her concerns about the potential development of Data Centers in Indian River County. She highlighted the growing resistance to such facilities nationwide and advocated a proactive approach. Ms. Snycerski called for an Ordinance to restrict or ban Data Centers and opposed any zoning law amendments that would support their establishment. She aimed to explore ways for the community to pass a memorandum against Data Centers and sought guidance on how to move forward with this initiative. Chairman Loar acknowledged her concerns and expressed his readiness to help foster a discussion on Data Centers and related issues. Commissioner Adams noted that a significant presentation on the subject was given at the legislative conference, covering current trends and possible legislative changes. She encouraged Ms. Snycerski to reach out to Representative Brackett and Senator Grall to share her concerns. Humane Society Board President Jill Collinson mentioned that during the final budget process, one of the slides presented indicated the organization was classified as a quasi -nonprofit. At that time, the Humane Society was offered a 10% increase. However, the Memo of Understanding showed that the Humane Society was approximately $4,000 short each month compared to what was approved in the budget. County Administrator Titkanich offered to meet with Ms. Collinson, and if necessary, staff could bring an amendment back to the Board. Ms. Collinson stated that the Humane Society was set to receive over 30 large -breed dogs in the following days. Indian River County, Florida Page 24 Board of County Commissioners Meeting Minutes - Final December 9, 2025 18. ADJOURNMENT: She indicated that, due to the pending court case, the organization might need to hold the dogs for a period of 6 months to 2 years. This situation could present considerable challenges for them if they do not receive their full allotment of resources. Administrator Titkanich stated that he and Emergency Services Director David Johnson would reach out to Ms. Collinson to resolve the issue. There being no further business, the Chairman adjourned the meeting at 11:29 a.m. Indian River County, Florida Page 25 Board of County Commissioners Meeting Minutes — Final ATTEST: Ryan L. Butler Clerk of Circuit Court and Comptroller By: liV W Deputy Clerk December 09, 2025 Deryl Loar, Chairman %I1✓RI'✓ER Approved: January 27, 2026 Indian River County Florida Page 26