INDIAN SBSHORES MINUTES REGULAR TOwN COUNCIL MEETING THURSDAY, MARCH 30, 2023, 9:00 AM 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, March 30, 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, DeputyTown 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 9:00a.m. Vice Mayor Carroll offered the Invocation. Mayor Foleyl led the Pledge There being no reordering, deletions or additions, a motion was made by' Vice Mayor Carroll, seconded by Councilmember  of Allegiance. The Town Clerk called the roll. All members were present. 2. Agenda Reordering, Deletions, or Emergency Additions Smith, and unanimously passed (5-0) to approve the agenda as presented. Ity was agreed to dispense with the reading of the Proclamations. a. Proclamation for Problem Gambling Awareness Month b. Proclamation for Older Americans Act Nutrition Program . Proclamation for Water Conservation Month  3. reemsatonPocamstens  Ar motion was made by Vice Mayor Carroll, seconded by Councilmember Auwaerter, and unanimously passed (5-0) to approve the Proclamation as presented proclaiming the month of March Gambling Awareness Month. Amotion was made by' Vice Mayor Carroll, seconded by Councilmember Smith, and unanimously passed (5-0) to approve the Proclamation as presented proclaiming the month of March Older Americans Nutrition/Meals on Wheels month. A motion was made by' Vice Mayor Carroll, seconded by Councilmember Smith, and unanimously passed (5-0) to approve the Proclamation as presented proclaiming the month of April Water Conservation month.  4. Comments From the Public Regarding Agenda Item(s)  None. 5. Consent Agenda  a. Approval of Regular Town Council Meeting Minutes dated February 23, 2023  b. Waiver of Formal Bidding for the Public Safety Boat Lift Medical Director Agreement Addendum d. Public! Safety Bunker Gear e. Beachcomber Stairs Change Order approve the Consent Agenda as amended.  Councilmember Auwaerter requested item 5.e. Beachcomber Stairs Change Order be removed from the Consent Agenda. A motion was then made by Vice Mayor Carroll, seconded by Councilmember Smith, and unanimously passed (5-0) to Councilmember Auwaerter explained that there had been a delay in the contract, pushing the Town beyond the February 28, 2023, deadline, necessitating a permit extension request from the Department of Environmental Protection (DEP). It  Page 1of7    was clarified that the change order was necessitated because of the timing of the project and was not due to the contractor. Councilmember Auwaerter asked how much work was involved to amount. to the $1,500. Town Manager Harpring explained what he knew to be involved but agreed to ask the contractor to provide a detailed analysis of costs. A motion was then made by Councilmember Auwaerter, seconded by' Vice Mayor Carroll, and unanimously passed (5-0)  Councilmember Auwaerter requested that information be supplied to Council.  to approve the change order. 6. Mayor's Report  Mayor Foley reported on the following:  A1A Traffic: He commented that the traffic issues on A1A are caused by influx of visitors, installation of light poles and utilities, and the timing of the light at Bahia Mar. This sparked conversations with the County to investigate changing the timing of that traffic light to relieve back up. Residents who complained about the traffic were advised to contact Water Rate issue: Representatives from the Town will be travelling on April 5, 2023, to Palm Beach County to the 4th District Court of Appeals to hear Oral Arguments on the pending Water Rate Case. The Town does not expect a decision from the bench during the oral argument phase. Further action on the case by the Town will depend on the decision Solid Waste and Recycling: Matters between the Town of Indian River Shores and Republic Services have stabilized. Summer Dress Code: Mayor Foley suggested, and Council agreed to implement the summer dress code effective April.  Commissioner Moss. The Town will continue to monitor the situation.  resulting from these oral arguments.  7. Councilmember Reports  a. Prohibition on Open Primaries and Non-Partisan Elections  Councilmember Auwaerter reported that at a Treasure Coast League of Cities meeting held the previous week it had been announced that a joint resolution was being proposed in the legislature that would prohibit non-partisan elections for local governments. Should the legislation pass, and be approved by the electors, it could potentially force a primary for each of the Town's local elections. He strongly suggested that a joint letter from all five Councimembers be sent Councilmember Auwaerter commented he had no problem with noting his political affiliation on campaign material, Mayor Foley explained that thej joint resolution does not compel passage, but rather puts the question on al ballot fort the voters to decide as the proposed changes would require a Constitutional Amendment. With that said, he would not Mayor Foley also noted that if the legislation should pass, the effect on the Town would most probably be minimal as the Town rarely has elections. He commented that non-partisan elections were fictional as voter registration was a public He applauded the Florida League of Cities for vetting the issues on this matter. They had been serving as an advocate on Mayor Foley and Attorney Sweeney responded to questions from Councilmember Altieri explaining the legislation would require those positions presently non-partisan (Judges, School Board members, and municipal positions) would now be required to be political party affiliated. For the bill to move forward to the Governor, it would require a 3/5ths vote from  expressing opposition to the proposed legislation.  however, he noted this legislation, if passed, would be a waste of taxpayer dollars.  support objecting to a measure that would be decided by the voters of the State of Florida.  record in Florida and anyone could look up a candidate's party affiliation. behalf of municipalities. He encouraged all present to weigh in on the issue.  both houses.  Page2of7    Mayor Foley noted he had received an e-mail from resident Patty Gundy who expressed her opposition to the legislation. Discussion followed and Attorney! Sweeney referred toi the Town's Charter which presently requires a plurality vote.  Ms. Gundy spoke against the proposed legislation adding if passed, it would limit voter involvement.  8. Discussion with Possible or Probable Action  a. Approval of September 30, 2022, Audited Financial Statements  Christine Noll-Rhan, CPA1 from Carr, Riggs and Ingram, LLC1 the Town's auditing firm, presented the Town's Annual Financial Statements for the year ending September 30, 2022. Ms. Noll-Rhan highlighted certain areas of the report specific to the Town's fund balance and the funding ratio of its pension funds. She explained that there were new GASB standards that  would go into effect for the next fiscal year. She also noted there were no findings in the report. Councilmember Auwaerter clarified certain information contained within the report. Ms. Noll-Rhan for their efforts in presenting the clean financial report.  Councilmembers expressed their appreciation to both Heather Christmas, Deputy Town Manager/Town Treasurer and A motion was then made by Vice Mayor Carroll and seconded by Councilmember Auwaerter to approve the Financial Statements for the FY ending September 30, 2022, as presented. The motion passed unanimously 5-0. b. Ordinance No. 556 Property Rights Element for Comprehensive Plan (Second Reading) The title was read by Attorney Sweeney. Mayor Foley opened the Public Hearing. There was no public comment. Councilmember Altieri took exception to the language contained ini the fourth "Whereas" clause of the Ordinance noting that the statement confirming that the Town of Indian River Shores respects the rights of all people to participate in land use planning was too broad. He felt it should be limited to those persons directly affected. Discussion followed. A motion was then made by Vice Mayor Carroll and seconded by Councilmember Auwaerter to approve Ordinance 556 on second reading. The Town Clerk called the roll with alli in attendance voted in the affirmative with the motion passing  5-0.  Ordinance No. 557 Cemetery Rate Changes (Second Reading) with the Town Clerk that the lots would pass to the heirs of the lot holders.  The title was read by Attorney Sweeney. Mayor Foley opened the Public Hearing. Councilmember Auwaerter confirmed Councimember Altieri and Councilmember Smith recused themselves as both were on the wait list to purchase a plot in A motion was made by Vice Mayor Carroll and seconded by Councilmember Auwaerter to pass Ordinance No. 557 on The Town Clerk called the roll. The motion passed 3-0 with Mayor Foley, Vice Mayor Carroll, and Councilmember Auwaerter voting in the affirmative and Councilmember Smith and Councilmember Altieri recusing themselves due to a voting conflict. Completed forms 8B (Memorandum of Voting Conflict) have been filed by Councilmembers Smith and  John's Island cemetery. second reading.  Altieria and are attached hereto and made a partoft the minutes of this meeting. d. Ordinance No. 558 BFE +2 and Floodplain Administrator (First Reading)  The title was read by Attorney Sweeney. Mayor Foley opened the Public Hearing. Councilmember Smith inquired as to whetheri individual homeowners would benefit from the new regulations and was assured that they would through the  federal flood insurance program. Discussion followed.  Page3of7    A motion was made by Vice Mayor Carroll and seconded by Councilmember Smith to approve Ordinance No. 558 on first reading. The Clerk called the roll and all in attendance voted in the affirmative with the motion passing 5-0.  e. Ordinance No. 559 Tree Protection Officer (First Reading)  The title was read by Attorney Sweeney. Mayor Foley opened the public hearing. Town Manager Harpring explained the necessity of the Tree Protection Officer. Councilmember Smith confirmed a prior conversation with the Town Manager explaining that presently the position was held by a private contractor and by expanding the position's minimum requirements, it would help the Town administratively and allow for continuity of operations. Councilmember Altieri suggested the person be required to have a degree dendrology, the study of trees, in lieu of horticulture and/or botany. Town Manager Harpring explained that the language and qualifications in the proposed amendment allow for broader coverage, noting he had added state requirements to the Town's present language. Discussion as to the present State law followed. In response to Vice Mayor Carroll, Town Manager Harpring explained that the Tree Protection Officer would  make his determination on a case-by-case basis.  Mayor Foley was satisfied in moving forward with the Ordinance as proposed.  A motion was made by' Vice Mayor Carroll and seconded by Councilmember Auwaerter to approve Ordinance No. 559 on first reading. The Clerk called the roll and alli in attendance voted in the affirmative with the motion passing 5-0.  f. Ordinance No. 560 Qualifying Dates (First Reading)  The title was read by Attorney Sweeney. Discussion followed. Councilmember Auwaerter addressed the Council explaining that he had met with Leslie Swan, the Supervisor of Elections, and she required candidate qualification to be complete at least 81 days before the general election: so that absentee ballots can be mailed in: a timely fashion. Using that time frame, it was Councilmember Auwaerter's recommendation that the qualifying dates be moved upi to the last Thursday in June tot the last Thursdayi in. July. He strongly suggested the qualifying dates be moved closer to the election date and make ita longer period and should be set around Council meeting dates. Het took exception! in requiring a potential candidate decide After confirming with the Town. Attorney that there was no restriction of the length of the qualifying period, Mayor Foley Vice Mayor Carroll recounted his experience in filing under the shorter qualification period. He too supported expanding Council Member Altieri noted that the Council should be making an amendment to FS 32.02 (a), and not 32.02 (c). 32.02  soi fari in advance of the election.  agreed with Councilmember Auwaerter'srecommendation.  the qualification period.  (a) incorporates the statutoryr requirements.  There was no noted opposition to expanding the qualification period.  Attorney Sweeney stated that there were no statutory provisions that would limit the time of qualification. He also confirmed that the 81-dayr requirement was ani internal deadline set by the Supervisor of Elections and was notas statutory Mayor Foley suggested that the Town Council table action on the proposed Ordinance to allow for corrections to the Scriveners' errors as well as inserting the proposed qualifying dates to runi from May to the last Friday in July. The Town Clerk had no objection to extending the qualification but suggested that whatever decision be made, it be in Town Manager Harpring suggested that the period run from the first day after the meeting in April to the first day after  requirement.  the best interests of the candidate. the meeting in. July.  Page4of7    A motion was then made by Council Member Auwaerter, seconded by' Vice Mayor Carroll, and unanimously passed (5-0)  tot table first reading of Ordinance No. 5601 to April27,2023. g. Resolution No. 23-02 Budget Amendment present voted int the affirmative with the motion passing! 5-0. h. Resolution No. 23-03 Cemetery Fees  The title was read by Attorney Sweeney. There being no public comment, a motion was made by Vice Mayor Carroll and seconded by Councilmember Altieri to approve Resolution No. 23-02 as presented. The Town Clerk called the roll. All  Attorney Sweeney opined Councilmembers. Smith and Altieri would not be required to recuse themselves from voting on Ar motion was made by Vice Mayor Carroll and seconded by Councilmember Smith to approve Resolution No. 23-03 as presented. The Town Clerk called the roll. All present voted ini the affirmative with the motion passing 5-0.  this Resolution as iti is not specific but rather a unilateral decision affecting all persons.  Resolution No. 23-04 Building Permit Fee Change  Heather Christmas, Deputy Town Manager/Town Treasurer offered Staff's report. A motion was then made by Councilmember. Altieria and seconded! by Vice Mayor Carroll to approve Resolution No. 23-02asp presented. The Town Clerk  called the roll. All present voted int the affirmative with the motion passing! 5-0.  9. Staff Updates prior year.  a. Building Official Report & Statistics  Luis Martinez, Building Official presented Staff'sreport. He responded permit traffic was the same asi it had been the  b. Town' Treasurer Report  Heather Christmas, Deputy Town Manager/Town Treasurer presented! Staff'sreport.  Public Safety Department Report & Statistics  Chief Rosell presented Staff's report. He commented on the excessive traffic congestion, some of it caused by construction. There have been reports of aggressive driving and in response has put extra patrols on the road. He also He next reported on a new state of the art, hand-held sonogram being used by the Department. The sonogram can diagnose aortic aneurisms and abnormal bleeds immediately, thereby allowing first responders to call for a medivac if In response to Councilmember Altieri, Chief Rosell said he would research the yellow light crosswalks installed on A1A. Concern was expressed over the confusion at the crosswalks. Oncoming traffic does notr necessarily: stop at yellow flashing lights, yet pedestrians were given at false sense of safety to cross the road. Chief Rosell explained they would have been installed by FDOT, but he would inquire as to whether the light could be changed from yellow to red and report back with Councilmember Auwaerter reported that although the speed limit within the Town was 45 mph on A1A, GPS still reports  noted there had been complaints of speeding on. Jungle Trail.  needed.  his findings.  itat 50 mph. Chief Rosell would investigate how to update thei information.  Inresponset to Councilmember Smith, Dr. Ford has completed thei training for the handheld device.  Page5of7    Chief Rosell commented on Councilmember Smith's involvement with the Meals on Wheels program held the previous day. Councilmember: Smithnoted: she had participated in the event, delivering meals tot the elderlythroughout Vero Beach. She was quite impressed with the program and was glad to see representatives from the IRS PSD had also participated. Burglaries have slowed down, but Chief Rossell continues to monitor and schedule additional patrols when needed. Larry Bryant, Director of Public' Works reported that Louis Berger was no longer maintaining vegetation along A1A, as that responsibility has reverted to FDOT. The beach project has been completed. In response to Councilmember Auwaerter's complaint of7-8 sidewalk sections having been torn up by Florida City Gas, Mr. Bryant explained that he had met with the contractor who was working diligently to get the project cleaned up. He himself has completed a survey of the area and  d. Public Works Department Report  was following up to be sure all areas are repaired. e. Code Enforcement Report  Town Manager Harpring explained Sgt. Maikranz was unable to attend the meeting but had offered a comprehensive reportfort the Council's review. He reported that the Code Enforcement Officer continued to collaborate with residents to maintain property standards, often acting as mediator. Mayor Foley commented on the beneficial effect maintaining the Town Attorney Sweeney reported the Legislative session will adjourn on May 5. He reported on specific legislation that Oral arguments on the appeal of the COVB Water Rate case will be heard April 5 in West Palm Beach = 4th District Court of Appeals. Although he did not anticipate a ruling from the bench, the Town might be able to get a flavor of where the Mayor Foley also asked that the Town Manager/Town Attorney make every effort to present proposed Ordinances to the  code has on property values. 10. Town Attorney Report  will have a direct effect ont the Town, including HB 1331/SB: 1712-Utilities.  judge may be leaning. He would send information to the Council and encouraged their attendance. Town Council at least two weeks prior to the meetings allowing Council ample time to review.  11. Town Manager Report and easements.  Town Manager Harpring reported on the following matters:  Florida City Gas: He and representatives from Florida Gas/FPLcontinue to work towards securing a Franchise Agreement Land Development Code: He and the Town Attorney are finalizing the amendments to the Town's land development code CRS (Community Rating System): The Town needs an additional 2,190 points to obtain its Class 5rating. Staffiscalendaring its outreach programs towards that goal. He explained outreach programs would include mailings, workshops, and open houses to educate the public on the benefits of the NFIP program. He anticipated costs to be under $10,000 to meet the  and hope to have a prospective itinerary available for review in April.  goal of Class 5 by 2024.  12. Counci/Committee Reports or Non-Action Items a. Call for Committee Reports, Informational Updates or Comments  Councilmember Smith reported on the Beaches and Shores Committee meeting she had attended. Although the reapplication for Sector 4's critically eroded designation had been submitted, she anticipated it would be months before they would hear back from the State. Sector 7 had been awarded funding for beach renourishment. Because they were The seaweed bloom that may land on Florida's shoreline was being monitored closely and the County was ready to take  unable to gather required signatures for easements, funding will be lost.  care of anyadverse effects.  Page6of7    She had attended the CPR/AED training offered by the Town and recommended all members should attend when next Mayor Foley reported on the Treasure Coast League of Cities meeting. Both he and Councilmember Auwaerter attended. Proposed legislation had been discussed in detail noting that one bill being proposed regarding exclusive franchises could The genesis for the election bill, as discussed earlier in the meeting, was the result of recent school board elections. Mayor Foley will be unable to attend the May meeting of the Treasure Coast League of Cities meeting and asked that the alternate member be prepared to attend in his stead. He noted all members can attend the luncheon, just not the business Councilmember Auwaerter reported on the MPO Bicycle Advisory Committee meeting he had attended regarding the proposedi improvements to the! 510/512 project. Proposed were two lanes in each direction with bike paths. He expressed concern that the consultant reported that the FEC has the right to pull other lanes within the County to avoid a conflict when crossing tracks. This could be the case when crossing over Route 510 to Route 1. He will follow up. He had participated int the Florida League of Cities Monday morning legislative update phone call and learned that the bill Mike Korpar, John's Island General Manager: Mr. Korpar noted that although the Republic Services situation has He inquired on an end date for the Town's Franchise Agreement with Florida Gas. Town Manager Harpring commented Councilmember Smith inquired as to potential costs to bring the lines into private homes. Mr. Korpar explained that the lines would be brought into the community, but the cost from the road to the individual homes would be borne by the  available.  prove to be problematic for the Town ini its upcoming RFP for Solid Waste and Recycling services.  meeting.  calling for enhanced financial disclosure - Form 6 was headed for passage.  12. Call to Audience  improved, there have been issues with hydraulic lines breaking on their vehicles. not yet, however, the Mayor 's goal would be within the next 2 weeks.  homeowner. 13. Adjournment Approved:  With no further business to come before the Town Council, the meeting adjourned at 10:50a.m.  April 27,2023  Janice'c. Rutan, Town Clerk  Page 7of7