INDIAN VADIBORES OFFICIAL MINUTES REGULAR TOWN COUNCIL MEETING THURSDAY, NOVEMBER 16, 2023-9:00AM TOWN OF INDIAN RIVER SHORES 6001 HIGHWAY A1A INDIAN RIVER SHORES,FL 32963  The regular monthly meeting of the Indian River Shores Town Council was held on Thursday, November 16, 2023, in Council Chambers, 6001 Highway A1A, Indian River Shores. Councilmembers present were Brian Foley, Mayor; Sam Carroll, Vice Mayor; Bob Auwaerter, Councilmember; Mary Alice Smith, Councilmember and James Altieri, Councilmember. Also present were James Harpring, Town Manager; Heather Christmas, Deputy Town Manager/Town Treasurer; Peter Sweeney, Town Attorney and. Janice  C.Rutan, Town Clerk. 1. Callto Order a. Invocation b. Pledge of Allegiance Roll Call  Mayor Foley called the meeting to order at 9:00 a.m. by wishing alli in attendance al Happy Thanksgiving. Vice Mayor Carroll offered the Invocation. Mayor Foley led the Pledge of Allegiance. The Town Clerk  called the roll. All Councilmembers were present. 2. Agenda Reordering, Deletions, or Emergency Additions  None.  3. Presentations/Proclamations  MSW Consultants - Update on Solid Waste Procurement  John Culbertson of MSW Consultants addressed the Town Council. He commented on the great accomplishment of the Town to be included in the County's RFP for Solid Waste and Recycling Services and to have representation on the Review Committee in Heather Christmas, Deputy Town Manager and He noted the Town was in a good position having already moved from premium (concierge) service to curbside service, which hasbecomet thei industry standard. Ast to billing, her noted that the Board of County Commissioners would dictate the manner of billingi fort the services. It likely would be done through a non- ad valorem assessment to be collected through property tax billing. It is also anticipated that the RFP In response to an inquiry from Councilmember Altieri, Mr. Culbertson advised that Waste Management and Republic Services werei the largest providers, however, there may be smaller privately held companies Discussion followed regarding alternative fuel options and smaller trucks. These factors would be a consideration and discussed at a pre-bid meeting. He explained that the County would be the point of contact should there be concerns over non-performance. Mr. Culbertson noted that the Town may: see savings ini the per household cost once it moved from twice a weekly pick-up to once per week.  Town Treasurer.  would result in once per week collection.  that could bei interested in responding to the RFP.  elols    He added that the structure oft the RFP would generate competitive prices and once again expressed his  pleasure at the Town being able to bei included int the County's RFP. 4. Comments From the Public Regarding Agenda Item  None. 5. Consent Agenda  a. Approval of Regular Town Council Meeting Minutes dated October 26, 2023 b. Approval of Final Budget Hearing Minutes dated September 26, 2023 a. FY2023. Ambulance Revenue Adjustment and' Write-Off b. Resolution 23-19 FY 2022-2023 Budget Amendment Approval of Public Safety Department ATVI Purchase  A motion was made by Vice Mayor Carroll to approve the Consent Agenda as presented. Councilmember Auwaerter seconded the motion. The Town Clerk called the roll and the motion  passed unanimously (5-0). 6. Mayor's Report  Mayor Foley commented on the recent windstorm thati further affected the erosion to beaches. Mayor Foley also reported on the recent workshop sponsored by the Town to discuss the proposed changes to the Land Development Code. He expressed his appreciation to Patty Gundy, Chair of the Mayor Foley commented on the rewrite of the Land Development Code discussing items that must be Mandated items will bring the Town into compliance with Florida Statutes and Florida Building Code. Other matters willl be addressed that would ensure aesthetics for the Town of Indian River Shores. Mayor Foley explained thaty you know when you enter Indian River Shores and you know when youl leave Indian River Shores; evidenced by there being no boats on trailers, no cars on blocks or street side signs. The more stringent requirements of the HOA's help the Town maintain its higher property standards and Mayor Foley discussed the Water Franchise Agreements. He explained that unless there is an active lawsuit, the Town cannot discuss Attorney Client privilege in a closed meeting. The Town continues to work with individual legislators to keep them current on the Town's progression in this matter. Mayor Foleyi is committed to making thel best economic decision forthe residents, evenifitr means moving to the Councilmember Auwaerter discussed adopting an Ordinance that would ban gasoline powered leaf blowers, noting they pollute both the air and noise. He noted that he got the idea from a recent trip to Naples. It was noted the John's Island and Windsor have adopted similar restrictions within their He asked that staff move quickly in preparing the amendment as the Governor in Georgia had recently pre-empted that type ban. Town Manager Harpring will bring a proposal back for Council consideration.  Planning, Zoning and' Variance Board.  implemented and things the Town wants to bei implemented.  property values. He next mentioned thei inclusion ofs sustainability items.  County for services. 7. Councilmember Items  communities.  Pa2els    8. Discussion with Possible or Probable Action  a. Ordinance No. 567-A Amendments to Code of Ordinances, Chapter 52 (Second Reading) Attorney Sweeney read the Title. Mayor Foley opened the Public Hearing. There being no public comment, a motion was made by Vice Mayor Carroll and seconded by Councilmember Smith to adopt Ordinance No. 567 on second and final reading. The Town Clerk called the roll. All present voted ini the Attorney Sweeney read the Title. Mayor Foley opened the Public Hearing. Special mention was given to Building Official Fred Held and Patty Gundyt for their professional oversight and assistance in drafting this ordinance. There being no public comment, a motion was made by Vice Mayor Carroll and seconded by Councilmember Smith to adopt Ordinance No. 568 on first reading. The Town Clerk called the roll.  affirmative and the motion passed 5-0.  b. Ordinance No. 568 - Amendments to the Florida Building Code  (First Reading)  9. Staff Updates  a. Building Official Report & Statistics b. Town Treasurer Report  Building Official Held advised that inspections and permits had decreased in the current year, however, Deputy Town Manager / Town Treasurer Heather Christmas announced she was preparing for the audit Public Safety DirectorTad: Stone advisedi three paramedics had recently passed advanced life supporta and pediatric life support training. Other Staff members had completed advanced incident training. Chief Stone reported the mock assessment for accreditation had been completed and the department passed with flying colors. The full accreditation review will take place beginning Tuesday, November: 28, The department was participating in live firefighting training with the County. Motorcycle certification  the increase inj permit fees have offset the decrease in permit activity.  which would begin the week of December 4, 2023. C. Public Safety Department Report & Statistics  2023.  class would be taking place on December 18, 2023.  Chief Stone did report thati incident numbers hadi increased withi the increase in traffic.  He offered an update ont thei interdepartmental concern over traffic and safety at the 7-11. Deputy! Shaw continues to work with FDOT towards a crosswalk at that location. Discussion followed and it was the recollection of those present that the FDOT had turned down placing a crosswalk at that location. There has been a recent change int the personnel at the DOT and the Town will request they revisit the issue. The Council agreed that the Town needed to pursue the installation of a pedestrian crosswalk at that location because of sO many ingress/egress options (7-11, CVS and 45th Street). Concern was raised over Despite the recent tragic accident that had taken place at the 7-11 location, the FDOT has not agreed to Councilmember. Auwaerter: suggested the Town request FDOT engineers come to the sitet tos see first-hand the Town's concerns. He had successfully worked with FDOT engineers and persuaded them to make  the construction of the townhomes adding to the congestion.  movet forward with the pedestrian crosswalk.  design changes to the bike lane at the base of Barber Bridge.  rigesels    Councilmember Smith asked Town Manager Harpring to also follow up on the construction of the huge building north oft thet townhomes at the Tracking Station! beach. She did notremember that building being Manager Harpring suggested the Town take its own initiative and perform its own studies. It was agreed the Town Manager would research and follow up with the FDOT and report back to Council at the  part of the original site plan reviewed byt the Council.  December meeting.  d. Public' Works Department Report  Larry Bryant, Director of Public' Works reported the sinkl hole between Indian and Seminole Lane had been repaired. Hel had been working with FDOT regarding thei trimming along A1A and has been working with FDOTsubcontractors to bes surei the sidewalks along A1AI have been cleared andi free of debris. Noting the Manager Harpringe expressed his appreciation to Director Bryant forl his assistancei ini monitoring thel beach  Subcontractors have been a challenge, Director Bryant continues to follow up.  erosion as well.  e. Code Enforcement Report  Code Enforcement Officer Maikranz addressed the Town Council. In response to Vice Mayor Carroll, Officer Maikranz explained that the 650-700 buildings at. John's Island had been granted an extension to January 2024. It was explained that the Town had met with the engineers and property management regarding this dune crossover project. However, it was noted that ift the progress on the project does not meet withi the Town's approval, the matter willl be scheduled for a Special Magistrate Hearing. Further, he explained to' Vice Mayor Carroll that the "model open" sign outside the property south oft the Wabasso Bridge on A1A was permitted because it was located on private property and not on the FDOT Town Attorney Sweeney reiterated the Mayor's earlier comments regarding discussion of actions and Mayor Foley commented on the recent Public Record Request received from the City of Vero Beach. Attorney Sweeney explained that since the litigation was no longer active, all transcripts, etc. were available for public review. Abrief discussion followed concerning what constitutes a public record. The Town Manager reported ont the progress being made for the Sector 41 beach renourishment program. He continues to work with Countystaffando consultants ine effortst to have Sector 4 designated asac critically Inr response to Councilmember Smith, Town Manager Harpring responded that he was not sure of the He reported on the productive meeting held earlier int the week to discuss Phase II of the rewrite of the Land Development Code. He was hoping to have the ordinance drafted and ready for final adoption in  R-O-W.  10. Town Attorney Report lawsuits. Al brief discussion followed.  11. Town Manager Report  eroded beach. He reported the permitting process was moving along as well. status of funding for Sector 3, nori if both programs could piggy-back one another.  May.  Pagescis    In response to Councilmember Smith, Town Manager Harpring explained that although the Town had jurisdiction, enforcement oft the no wake: zone was very difficult to enforce. Attorney Sweeney concurred. He reported in detail the extensive request to the Town for public records from the City of Vero Beach. The City was specific in asking for transcripts of meetings, invoices for legal services and communications between the Town of Indian River Shores and Indian River County relating tov wastewater/water: andreuse Councilmember Auwaerter reminded all that they had received al letter from a local realtor asking about realtor signs along A1A. Discussion followed. Attorney Sweeney highlighted the provision in the Town's It was noted that the Town cannot legislate uses of State property, however, as an agent for the State, it does have the right to remove the signs as the State does do not allow signage in its R-O-W. Councilmember Auwaerter thought that the Town was going to reconsider its present ordinance as part of the Phase II rewrite of the Land Development Code. He would like a better understanding of what is allowed. Mayor Foley expressed his reluctance to amend an ordinance that has served the test oft time  water.  Code of Ordinances that does address real estate signs on private property.  while preserving the aesthetics oft the Town. 12. Counci/Committee Reports or Non-Action Items  a. Call for Committee Reports, Informational Updates or Comments  Councilmember Smith reported she would be attending the Beach: and Shore Committee on Monday. She would request an update on whether the Sector 3 and Sector 4 projects could piggy-back each other. She noted that the. John's Island Infrastructure Committee was meeting with County representatives about She had participated in the County's Dump the Pump Day and took advantage of riding the free transit system throughout Indian River County. She rode the Go Line bus and learned that by 2035 all new buses will be EV and there will be charging stations throughout the City. She was quite impressed with the drivers, riders and all the good work the Go Ride system does fort the residents of Indian River County. A Councilmember Auwaerter gave an update on the beach easements received to date. Of the 88 sent out, 30 are under review and 32 have been signed and recorded resulting in a 72% response rate. Mayor Foley! had requested the Town Clerk provide notice tot the residents that as of December 2022, due to enacted legislation, voters will need to renew their request for a vote by mail ballot. Notification had  Sector 4 as well.  brief discussion followed.  been included in the newsletter with links to the Supervisor of Elections office.  13. Call to Audience None. 14. Adjournment  With no further business to come before the Town Council, the meeting adjourned at 10:41 a.m.  Approved:  December: 14,2023  Janice C. Rutan, Town Clerk