OFFICIAL MINUTES REGULAR TOWN COUNCIL MEETING THURSDAY, DECEMBER 14, 2023 -9:00 AM TOWN OF INDIAN RIVER SHORES 6001 HIGHWAY A1A INDIAN RIVER SHORES, FL 32963  The regular monthly meeting oft the Indian River Shores Town Council was held on Thursday, December 14, 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. CalltoOrder a. Invocation b. Pledge of Allegiance Roll Call  Vice Mayor Carroll offered the Invocation. Mayor Foley led the Pledge of Allegiance. The Town Clerk With no request for reordering, deletions or emergency additions, a motion was made by' Vice Mayor Carroll, seconded by Councilmember Smith, and unanimously passed (5-0) to approve the agenda as  called the roll. All Councimembers were present. 2. Agenda Reordering, Deletions, or Emergency Additions  presented.  3. Presentations/Proclamations:  None. None. 5. Consent Agenda  4. Comments From the Public Regarding Agenda Itemsls)  a. Approval of Regular Town Council Meeting Minutes dated November 16, 2023  b. Approval of Holiday Party  A motion was made by Vice Mayor Carroll, seconded by Councilmember Smith, and unanimously  approved (5-0) to approve the Consent Agenda as presented.  6. Mayor'sReport  a. Senate Bill: 280 - Vacation Rentals  Mayor Foley announced that his annual year-end report highlighting the accomplishments and Regarding item 8.a. Senate Bill 280, Mayor Foley explained he requested this item! be placed ont the agenda for discussion as it is an issue of concern for the Indian River Shores Community. He reminded all that several years ago, the State had pre-empted local governments from regulating the vacation rental business, particularly: short-term rentals. He added that if the Town of Indian River Shores had adopted anordnancethatreguatad vacation rentals prior to 2011, ther municipality would be allowedt to continue  challenges of the Town in retrospect will be given at the January meeting.  Pageiof6    enforcement of those regulations. He expressed that regulating short term rentals in the Town would be The Town had adopted an ordinance that allowed for the maximum amount of regulation for the safety of the residents. He reported that a bill was being introduced that once again would strip local governments from regulating the business. The Floridal League of Cities is closely following this proposed legislation that will most probably bet fast-tracked through the legislature. He asked the Town Attorney to monitor this carefully as there might be awindowd of opportunity to conform the Town's Ordinance to the state law sO that the Town can continue to require fire and safety inspections of the rental property for thel health, safety and welfare of the Town and its residents. Under the proposed legislation, the penalty It was noted that the Florida League of Cities has not yet taken an official position on the proposed legislation although iti is believed they will place it on their legislative agenda when the session opens. He next reported that the Town Clerk had formed a group association of Municipal Clerks ini Indian River County. Thel Town ofl Indian River Shores hosted the December meeting/luncheon. Although he and Town Manager Harpring were unable to stay for the luncheon, they welcomed those present, and each spoke ont thei importance of the role of Clerki inl local government. The Town! Manager of Orchid had reported on The final matter to be discussed was thei topic of beach erosion. He had asked Town Manager Harpring to prepare a comprehensive white paper updating the Town Council where the Town stands with renourishment, remediation, and funding for the beach and dune renourishment program. He would like the report to also include the potential for long-term solutions such as having Sector 4 designated as an Mayor Foley expressed his appreciation to Councilmeber Smith for her excellent work toward this effort aswell as other Councilmembers who had been attending the beacha and shores committee meetingsand Councilmember Auwaerter reported that hel had been in contact with Quentin Bergman, Coastal Engineer for Indian River County and the county had obtained close to 90% of the required easements to move forward with the beach renourishment program. One resident has refused to sign the easement. Mayor Foley expressed his appreciation to Councilmember. Auwaerter for his efforts in that regard. It was noted that because Sector7 was unable to obtain the necessary easements, the funding set aside for the project was now available to Sector 4. Discussion followed and concern was expressed over the Councilmember Smith reported that the December meeting of the Beaches and Shores Committee had been cancelled until. January. She would report backt to the Council after that meeting.  int the best interest of health, safety, and welfare for the community.  feei is capped as is the registration fee.  the positive networking at the Treasure Coast League of Cities meeting as well.  engineered beach.  working behind the scenes.  recent high easterly winds causing more damage to the beaches.  7. Councilmember Items  Mayor Foley" Turned the meeting overt to' Vice Mayor Carroll regarding former Councilmember Haverland.  Thei following was readi into the record by Vice Mayor Carroll:  Page2of6    Dick Haverland passed away on December 9, 2023, at his home in Little Compton, RI, from complications of lymphoma. Dick was elected to Council in March 2011, and he served through November 2018. He was appointed tot the Finance Committee in November 2018andresigned in April Iknew Dick for 25 years and counted him as one of myb best friends. We were both members of the United States Seniors' Golf Association, and I wrote an article about him in the Association's April 2013 Newsletter. Knowing that he hadservedtwo years onCouncl,/beganthe interview that led to the article by asking, "Can one person make a difference?" He answered, "One person can make a difference. And with a majority of like-minded people, tremendous change can be achieved."During his two terms on Council, he championed improving the Town's financial governance, accounting practices and operating procedures. He led the charge to eliminate one of the Town'stwo Defined Benefit Plans,changingit to a401-K. Dick pushed the Pension Committee to lower the assumed rate ofreturn for the Town's remaining Defined Benefit Plan from7.75%to 6.5%andto increase current  2022.  funding.  Hebroughtcomparative: analysis,whichheir independently  conducted, to the Town's labor negotiations, and he always maintained a laser-like focus on Dick's presence on Council did make ac difference, and it's the Town's employees and residents who On a personal note, Dick encouraged me to run for Council in November 2018. Iwill always be  expenses.  have benefited from his service.  grateful- -1 for his inspiration, friendship, and contributions to the Town. Please join me in a moment of silence in remembrance of Dick Haverland.  Amotion was made by Councilmember Altieri, seconded by Councilmember Smith, and unanimously  passed (5-0)t to include the statement of Vice Mayor Carroll in the minutes.  8. Discussion with Possible or Probable Action  a. Ordinance No. 568-A Amendments to the Florida Building Code (Second Reading) Attorney Sweeney read the title. Mayor Foley opened the public hearing. With no public comment, a motion was made by' Vice Mayor Carroll and seconded by Councilmember Smith to approve Ordinance No. 568 on second reading. The Town Clerk called the roll. All present voted in the affirmative with the  motion passing unanimously. 9. StaffUpdates  a. Building Official Report & Statistics  Town Manager Harpring presented the Building Official's report.  Page3of6    b. Town Treasurer Report appreciation to Ms. Christmas.  Heather Christmas, Deputy Town Manager and Town Treasurer advised the Financial Statements would be available in March. They were only waiting for the actuarial studies. The council expressed their  C. Public Safety Department Report & Statistics  Chief Tad Stone reported that the Public Safety Department passed itsa accreditation for law enforcement. Regarding the alarm system registration form, Councilmember Auwaerter commented on a few  corrections that would need to be made before it went public. Discussion followed. Chief Stone reported on field training, pre-fire planning and call volume. associations and the Chief had offered to speak to the associations.  Regarding the "Eye-Watch" program, Chief Stone advised notices had been sent to homeowner's  d. Public Works Department Report  Town Manager Harpring reported that Public Works has been monitoring the ongoing sidewalk issues along A1A, meeting with the contractors and reporting same to FDOT. In addition, Public Works Director Bryant has monitored thel beaches, documenting and photographing the effects of the high winds. Sgt. Jacob Maikranz addressed the Town Council. He reported on permits for dune crossovers and the Attorney! Sweeney reported on the recent Court decision in favor of the Town on aj jungle trail dock case. There was still a chance of an appeal but he would report back after he speaks with legal counsel for the Attorney Sweeney commented that he would be watching proposed legislation for short term rentals, noting that the legislative session will begin. January 9, 2024, and run through March 8, 2024, absent any Her noted that many oft the laws that passed the previous legislative session would bet takinge effect. January 1,2024. He specifically: addressedi the new requirements of the Form 61 filing requirements. He noted there have been very many webinars on the subject and he would be available to answer any questions the Council may have. Hee expressed appreciation toi the Town Clerk for sending updates on the requirements. Town Manager Harpring reported that he and Heather Christmas attended a pre bid meeting at the County for the Solid' Waste and Recycling RFP. Representation from Waste Management, Waste Pro, FCC Regarding the critical erosion designation, he anticipated having all the modeling and data completed by Monday for review by the Town's consultants. He reminded all that the beach renourishment projects  e. Code Enforcement Report commencement of annual fire inspections. 10. Town Attorney Report  plaintiff.  extensions.  11. Town Manager Report  Environmental and Coastal Waste and Recycling were present.  were not dependent on the critical erosion designation.  Page4of6    Town Manager Harpring reported on the open house held on November 14 regarding Phase 2 of the Land Development Code review. Publici input was invited. Staff was hoping to present a draft to the Council in Staff were also collaborating withi its Coastal Engineer to complete a Town' Vulnerability Assessment with ag grant from the Department of Environmental Protection (DEP) for this study. A staff meeting was held on November: 27, 2023, and an open house was held on December: 11, 2023. The Town's Coastal Engineer offered a comprehensive presentation that was also put out in the Town's newsletter. Mr. Harpringr reported thatt the Towni issued anl RFP for the hardening project for the Public! Safety Building and that FDOT will commence another traffic study related to a cross walk-in front of the 7/11. The Town Clerk reminded all that the Town's appointment to the Treasure Coast Regional Planning Council was on a three-year rotation. The Town was now in the third year, which requires a full-time appointment. Last year, when appointments were made, Councilmember Auwaerter was appointed as the alternate member. The Clerk was asking for ratification that the appointment was for Councilmember Auwaerter to serve two years, therefore serving as the full-time appointee. A brief discussion followed, and it was agreed that the matter would be considered at the January meeting. The Town Clerk would forward information on the Committee to the Council for their consideration and availability to serveon  February.  the Committee.  12. Counci/Committee Reports or Non-Action Items a. Call for Committee Reports, Informational Updates or Comments  Mayor Foley reported ont the meeting of the Treasure Coast Regional League of Cities. A presentation was made by the Superintendent of Schools, Dr. Moore. The budget was discussed as well as the Indian River County School District moving fromal B rated school district to AI rated school district. Also at the meeting, Senate Bill 60 was discussed as itr related to local business tax receipts. The legislature isk looking at repealing the bill which would result in significant loss of revenues to municipalities. The He next reported on the presentation given by Career Source. It was noted that local businesses are in need of finding employees. Career Source has a fund to use to train employees and then match those skills to local businesses. He suggested the Town Council share the information if they know ofal business Mayor Foley next noted that a presentation was made by Faith Alliance regarding Human Trafficking. The Town Council will be acting on al Proclamation against Human Trafficking at the. January meeting. Councilmember Auwaerter next reported ont thel MPO/Metropoitan Planning Organization) meeting that had been held the previous day. He handed out information on the community demographics of the central barrier island, which is what the census bureau considers the Town of Indian River Shores. He next spoke of the Utility Committee meeting hel had attended. He reported onac confrontation he had with City of Vero Beach Attorney John Turner referring to the agreement between the Town of Indian River Shores regarding the rates being charged to the Town that do not match the County rates.  Town may be asked to take a stand on the matter.  that is searching for employees.  Page5of6    Councilmember Auwaerter also noted press reports of Iranian hackers hacking into a municipal water system. After his own investigation, hel learned that the Iranians were going after an Israeli programmable logic controller that is used by municipal water systems. When Councilmember Auwaerter brought this up at the Utilities Committee meeting, Rob Bolton, Director if Utilities, COVB, noted he was aware of the hack as the COVB was one of the utilities that gotten hacked. Councilmember Auwaerter explained in detail how the City was hacked. It turned out to be a modem that was not in use, resulting in no impact to the City's water or sewer system. Councilmember Auwaerter also questioned whether the intrusion  would have been disclosed had he not brought it to the attention of the committee.  Al brief discussion on cybersecurity followed.  Councilmember Auwaerter next spoke on proposed legislation regarding surcharge assessments to customers outside oft the cityl limits for utility customers. He would hope the Florida League of Cities would be against such an assessment. He asked the Town Attorney to keep a close eye on the progress of the Steven Hume, Air Force Veteran and Chair of the Veteran's Council next addressed the Town Council. He spoke of the mission oft the Veteran's Council to make veterans sustainable and the relationship with the Veteran's Association. They have over 140 partnerships with the County. He spoke of the challenges and of the accomplishments made within the County. They recently obtained office space on 14th Street in Vero Beach. Discussion followed including affordable housing available and education. With no further business to come before the town Council, the meeting adjourned at 10:08a.m.  proposed bill. 12. Call to Audience,  13. Adjournment  Approved: January 26, 2024  Janice C. Rutan, Town Clerk  Page 6of6