5a  IMDIAMASIBAHORIS OFFICIAL MINUTES REGULAR TOWN COUNCIL MEETING THURSDAY, MAY: 25, 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, April 27, ,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; Peter Sweeney, Town Attorney and Janice C. Rutan, Town Clerk.  1. Call to Order a. Invocation b. Pledge of Allegiance Roll Call  Mayor Foley called the meeting to order at 9:00 a.m. Vice Mayor Carroll offered the invocation. Mayor Foley led all in Mayor Foley announced that the regular Town Council meeting would be followed by a special call "shade meeting". There being no reordering, deletions or additions to the agenda, a motion was made by Vice Mayor Carroll, seconded by  the Pledge of Allegiance. The Town Clerk called the roll. All Councilmembers were present.  2. Agenda Reordering, Deletions, or Emergency Additions  Councilmember Smith, and unanimously passed (5-0) to approve the agenda as presented.  3. reemsatenyPocamton:  None. None. 5. Consent Agenda  4. Comments From the Public Regarding Agenda Item(s)  a. Approval of Regular Town Council Meeting Minutes dated April 27, 2023  b. Approval of Cemetery Survey Approval of Council Chamber Seating d. Approval of Hurricane Nicole FDEM Grant Agreement e. Approval of Change Order #1 RFP23-01R  A motion was made by Vice Mayor Carroll, seconded by Councilmember Auwaerter, and unanimously passed (5-0) to Mayor Foley announced that at the end of the regular Town Council meeting, the Town Council will close the open part of the meeting and convene an attorney = client session to discuss the appellate court's decision in the water rate case Mayor Foley reported on meeting with Town Manager Harpring for the annual employment evaluation and had given him a glowing review. The Mayor recommended that in addition to the 6% pay increase afforded to all employees on an Councilmember Smith agreed with Mayor Foley's comments, adding that she too was pleased with the accomplishments of the Town Manager including his future for the Town such as the adoption of a 5-year strategic plan and preservation  approve the Consent Agenda. 6. Mayor's Report TOIRS VS. COVB.  annual basis, the Council consider issuing a performance bonus to Mr. Harpring.  Page 1of5    oft thel beaches. She commented on thei improvement in relations betweent the Town Administration: and thel Public Safety Councilmember. Altiericommended Town! Manager Harpring fora aj job well done. He waspleased witht the Town Manager's Vice Mayor Carroll responded that he had met with Mr. Harpring and applauded his effective work with staff, his deliverables to residents and Council and his strategic leadership. He commended the Town Manager for accepting full responsibility for things that have gone awry. He commented on the Town Manager's accomplishments in facilitating policies, planning, management skills and his responsiveness to the Town Council, residents, and vendors. Lastly, he Councilmember Auwaerter echoed the Vice Mayor's comments and agreed with the Mayor's suggestion that a performance bonus be considered. He suggested a salary study be completed based on tenure, size of community, etc. Mayor Foley reported he has a standing weekly meeting with the Town Manager and is constantly impressed by the accomplishments of the Manager's office, which in turn makes his job as Mayor much easier. He has supported the professional personnel changes made within the organization, adding that the Town's biggest asset is the people working for the Town. Mayor Foley then took the opportunity to introduce interim Director of Public Safety, Tad Stone to those  Department.  seamless performance.  conveyed his appreciation of Mr. Harpringseffective oral and written communication skills.  tol bes sure that the Town Manager was being properly compensated.  present.  7. Councilmember Items  a. Councilmember Smith- Sector 4 Funding Update  Councilmember Smith reported on the May 15, 2023, Beaches and Shores Committee meeting. Eric Charest, the Natural Resource Manager for Indian River County had reported he had received notice that Sector 4 would not receive designation asa a critically eroded beach. Itv was explained that recenti increases ins sand were observed on shore and those increases outweighed the losses observed on the dunes and beach. Mr. Charest added that pre and post storm surveys show a loss of 52,200 cubic yards of sand above the high-water mark, but when measured from the dune, FEMA Councilmember Smith reported that Town Manager Harpring was at the meeting and considering the determination that the Florida Department of Environment Protection was not looking favorably at Sector 4, he looked for advocacy action explaining that under the Florida Administrative Code for Beaches and Shorelines, "Critically Eroded Shoreline" may also include peripheral segments or gaps between certain areas (Sectors 3 and 5). Mr. Harpring further noted that this was important and necessary for the continuity of management of the coastal system for design and integrity of adjacent At the April 17, 2023, Beaches and Shores Committee meeting, the Committee agreed to ask that the Board of County Commissioners undertake at feasibility study for a dune restoration project (est. cost $30,000-550.000) and to undertake Att the May 16, 2023, meeting of the Board of County Commissioners, Eric Charest made aj presentation on the request of the Beaches and Shores Committee. Town Manager Harpring was also present at the meeting and spoke in support of the request of the Beaches and Shores Committee, as did the majority of those speaking at the meeting. Councilmember. Smith reported that a resident of John's Island and member oft the. John's Island infrastructure committee, DavidFisher, had sent ane e-mailt tothe County Administration, John Titcanich, offering ap private/publicf fundingpartnership between the residents of Sector 4 and the County. Mr. Fisher admitted he had spoken out of turn as the private funding he referred to was a suggestion of his and not vetted nor supported by the Town. Ultimately, the County Commissioners  determined an increase of1 11,700 cubic yards of sand.  beach management projects.  at feasibility study for an engineered beach project (estimated cost 500,000-5600,000).  voted to only fund the dune restoration project and nott the engineered beach study.  Page 2of5  2    Councilmember Smith next reported on her May 17, 2023, meeting arranged by the John's Island Infrastructure Committee with Representative Robbie Brackett, County Commissioner Laura Moss and Indian River County Legislative Affairs liaison Kathy Copeland. At that meeting, those present made a commitment to be proactive on behalf of the residents of Sector 4. Representative Brackett would be meeting withi the Secretary of the Department of Environmental Management as well as Governor DeSantis on June 5. All agreed the issues before them were above staff level and required action at al higher level. Funingthroughrelengyandcomeratonamnahathamdsteylnnfrastructureangle  had also been discussed.  The Town had provided copies of drone footage taken immediately after the storm and aj just recently.  Councilmember Smith reported briefly on the May 23, 2023, meeting she and Town Manager Harpring had with Senator Erin Grall. It was noted that although Sector 4 may not be granted the funding originally set aside for Sector7, the County Al brief discussion followed regarding the County obtaining private property easements to effectuate the dune restoration project in Sector 4. Itwas noted that Commissioner Earman wastrying to push foral November 1 start date for the project. Mayor Foley commented that the Town has been working very hard behind the scenes. He added the initial $50,000 is part ofal larger expense that may be more difficult to swallow. Mayor Foley then noted that the rejection for the critically Councilmember Auwaerter questioned why the cost was sO expensive when the County has studies done annually. The council expressed their appreciation to Councilmember Smith for her comprehensive report.  portion could possibly be made available to Sector 4.  eroded status was not forever, but just for now.  8. Discussion with Possible or Probable Action  a. Ordinance No. 560 Qualifying Dates (Second Reading)  The title was read by Attorney Sweeney. Mayor Foley opened the Public Hearing. There being no public comment, a motion was made by Councilmember Auwaerter and seconded by Councilmember Smith to adopt Ordinance No. 560 on second reading. The Town Clerk called the roll. All members in attendance voted in the affirmative with the motion  passing 5-0.  b. Ordinance No. 561 Amendment to Police-Firefighters Defined Benefit Plan (First Reading)  Town Manager Harpring offered the Staff's report. The title was read by Attorney Sweeney. There being no public comment, a motion was made by Vice Mayor Carroll and seconded by Councilmember Smith and unanimously passed to approve Ordinance No. 561 on second reading. The Town Clerk called the roll. All members in attendance voted in the  affirmative with the motion passing! 5-0. a. Building Official Report & Statistics b. Town Treasurer Report there was no report.  9. Staff Updates  Town Manager Harpring introduced recently appointed Building Official Fred Held to those present. Mr. Held gave al brief introduction to his background and expressed his excitement at serving the Town as their Building Official. Town Manager Harpring reported the Town Treasurer was not present, however, with budget preparations underway, Recently appointed Director of Public Safety, Tad Stone, addressed the Town Council. He gave a background on his professional experience prior to coming to Indian River Shores. He presented the statistics for the previous month and Inr response to Councilmember Smith, he confirmed he would be providing statistics on absenteeism in his report.  C. Public Safety Department Report & Statistics Report:  explained that he would be updating the format of the monthly reports.  Page 3of5  3    d. Public Works Department  Larry Bryant, Director of Public Works addressed those present. He has been working with other agencies to remediate the sinkhole along A1A. He reminded all that hurricane season begins June 1 and his department has been preparing by  cutting back brush and debris where needed. e. Code Enforcement Report 10. Town Attorney Report 11. Town Manager Report  Code Enforcement Officer Maikranz prepared a written report for Council's review and consideration.  Attorney Sweeney announced that at the end of the regular meeting the Council would convene in Special Session.  Town Manager Harpring reported on the following:  He has scheduled individual meetings with each of the County Commissioners to discuss joining with the County in their RFP for Solid Waste and Recycling services. He will address terms and conditions in hopes the Town can The Town has supplied all the information to Florida Gas for their review of both the franchise agreements and Town Manager Harpring thanked the Town Council for their earlier comments. He was quite humbled, adding it  benefit from the economy of scale. Staff is undergoing at full Ordinance review.  easements.  has been his privilege to work with the Town Council and residents of Indian River Shores.  Her reminded all that. June: 1 is the start of Hurricane Season.  Councilmember Smith commented that Port St. Luciel had gone from 2 days per week to 1 day per week collection of solid waste and the residents were now complaining over the residual effects such as odors, snakes, and rodents. She asked Councimember Auwaerter asked if Staff had investigated whether the Florida League of Cities had prepared a template for the business impact statement that will now be required to be completed prior to the adoption of an Ordinance. Mayor Foley agreed to follow up with the League adding the requirement results in another unfunded mandate being  the Town Manager to consider this when negotiating the solid waste and recycling contract.  imposed on the municipalities.  12. Councl/Committee Reports or Non-Action Items  a. Call for Committee Reports, Informational Updates or Comments  None. 12. Call to Audience None. 13. Adjournment  At 9:51 a.m., Mayor Foley announced that the Town Council would close the open part of the meeting and convene in attorney-client session pursuant to Florida Statute 286.011. Persons attending would be members of the Town Council, James Harpring, Town Manager; Peter Sweeney, Town Attorney; Bruce May of Holland and Knight, Outside Legal Counsel; Kevin Cox of Holland and Knight, Outside Legal Counsel, and a court reporter. The estimated length oft the session would At 11:24 a.m., a quorum of the Town Council returned to Council Chambers. Mayor Foley closed the attorney-client  be one hour.  Page 4of5    session portion oft the meeting and convened an open meeting.  With noi further business to come before the Town Council, the meeting adjourned at 11:25 a.m.  Approved:  June 26, 2023  Janice C. Rutan, Town Clerk  TOIRA -  389  Page! 5of5