IMPIAMEBIHORES REGULAR TOWN COUNCIL MEETING WEDNESDAY, MARCH 26, 2025 = 9:00 AM TOWN OF INDIAN RIVER SHORES 6001 HIGHWAY A1A INDIAN RIVER SHORES, FL 32963 The regular meeting of the Indian River Shores Town Council was held on Wednesday, March 26, 2025, in Council Chambers, 6001 Highway A1A, Indian River Shores. Those present were Brian Foley, Mayor; Bob Auwaerter, Vice Mayor; Sam Carroll, Councilmember, James Altieri, Councimember and William Dane, Councilmember. Also present were James Harpring, Town Manager; Heather Christmas, Deputy Town Manager/Town Treasurer; Peter Sweeney, Town Attorney and Lucy A. Scheidt, Executive Assistant to the Town Manager, as Acting Town Clerk. 1. Call to Order a. Mayor Foley called the meeting to order at 9:00 a.m. Councilmember Carroll offered the Invocation. Mayor Foley led the Pledge of Allegiance. b. Roll Call Lucy Scheidt, Acting Town Clerk, called the Roll. All Town Council members were present. 2. Agenda Reordering, Deletions, or Emergency Vice Mayor Auwaerter requested item 5.b. Approval of Work Authorization 2025-06 - Kimley-Horn Comprehensive Plan Update, be removed from the Consent Agenda and be moved to Item 8.c. of the Agenda. A motion was made by Councimember Carroll, seconded by Vice Mayor Auwaerter, and unanimously passed (5-0) to approve the agenda as amended. 3. Presentations/Proclamations a. Presentation of Proclamation to Dr. David K. Moore, Superintendent of Schools Mayor Foley invited Dr. Moore to the podium and noted his efforts. Mayor Foley read the Proclamation title. Dr. Moore addressed the Town Council. Mayor Foley then presented the Proclamation to Dr. Moore. a. Sea Turtle Nesting Season Overview - Code Enforcement Officer Jake Maikranz Code Enforcement Officer Jake Maikranz provided a presentation highlighting sea turtle nesting that began on March 1, 2025. Artificial lights from residential properties spilling onto the beach confuses the turtles and they become disoriented. Officer Maikranz highlighted the educational and informational materials provided to the residents through the weekly newsletter and through direct mailings. Most information can be found on the Florida Fish and Wildlife Commission website. 4. Comments From the Public Regarding Agenda Items(s) None. 5. Consent Agenda a. Approval of Regular Town Council Meeting Minutes dated February 27, 2025 b-ApprovalofWorkAulhorizaion2025-08-Kimley-Hom.Comprehensive-Plan-Update C. Adoption of Official Zoning Map and Future Land Use Map Page 1 of 6 d. Approval of Work Authorization 2025-09 - John's Island Cemetery Maintenance Project e. Approval of Claim Resolution = Crosby, W. V. Town of Indian River Shores f. Approval of Interlocal Agreement with Indian River County Tax Collector for Non-Ad Valorem Assessment - Solid Waste g. Approval of Request for Removal of Tree of Special Concern - 150 Peppertree Drive h. Approval of Request for Removal of Tree of Special Concern = 261 Llwyd's Lane A motion was made by Councilmember Carroll, seconded by Vice Mayor Auwaerter, and unanimously passed (5-0) to pass the Consent Agenda as amended. 6. Mayor's Report Mayor Foley requested the Town Manager and Town Attorney to follow pending legislation, specifically HB 11, which moving very swiftly through the legislative process. It could have a positive impact on the utility rates being charged by eliminating or capping surcharges applied to out-of-jurisdiction customers. He noted another bill to watch would limit municipalities control of their own zoning by allowing accessory dwelling units to be constructed in residential areas despite a municipality's current zoning regulation. He noted it was a matter of great concern. Mayor Foley suggested the Town pick two or three matters of concern and have the Town Attorney circulate correspondence expressing the Town's opinion on proposed legislation. Another proposed bill would increase the limits of sovereign immunity. Mayor Foley next reported that the Town was working diligently towards preparation for the upcoming Hurricane Season. He was quite impressed with the Town's proactive approach to this year's upcoming season. 7. Councimember Items Vice Mayor Auwaerter reported that he met Congressman Haridopolos. They reviewed the beach dunes to look at the renourishment program with other County representatives. He noted the Congressman was supportive of the beach renourishment efforts. Mayor Foley expressed his appreciation to Vice Mayor Auwaerter for meeting with the Congressman. 8. Discussion with Possible or Probable Action a. Ordinance No. 577 Marijuana Dispensary Ordinance - Second Reading Town Attorney Sweeney read the title. Mayor Foley opened the Public Hearing. There being no public comment, a motion was made by Councilmember Carroll and seconded by Councilmember Altieri to approve Ordinance No. 578 on second reading. Lucy Scheidt, Acting Town Clerk called the roll. All present voted in the affirmative with the motion passing unanimously 5-0. b. Ordinance No. 578 Modification to Planned Residential Development - River Club Track Ua Mayor Foley advised this item is a quasi-judicial hearing with the Town Council sitting as an adjudicatory body and not a legislative body to review the request for modification of the River Club PRD. Ex parte communications would need to be disclosed: Mayor Foley = none. Vice Mayor Auwaerter: While attending an MPO Bike and Pedestrian Committee meeting, a resident, David Cerchie, who was also present at the meeting, asked Vice Mayor Auwaerter if he Page 2 of 6 would be attending the Council meeting re: River Club. The Vice Mayor responded in the affirmative. Sam Carrol!: None. Councimember James Altieri: None. Councilmember Dane: None. Attorney Sweeney read the title of Ordinance No. 578 into the record. He thanked Council for disclosing their ex parte communications. He then asked that each Councilmember to affirm that they can and will have an open mind and any decision being made in this regard would be based on competent and substantial evidence. He then went over the rules of procedure for the hearing. Those speaking would be limited to three minutes. Acting Town Clerk, Lucy Scheidt, issued the oath to those people wishing to testify. Mayor Foley acknowledged the quality of the staf's report, noting a clear and concise background on the project was presented which would assist the Council in the decision-making process. He expressed appreciation to the applicants for their professional presentation. He also thanked the residents of the River Club at Carlton subdivision for their input. Mayor Foley then invited the applicants up to the podium, instructed them to state their name and their affiliation with the project and begin their presentation to the Town Council. Steve Moler, Masteller and Moler - Professional Engineers represented the developer. He explained that the application before Council was for a conceptual PRD modification to allow for the development of single-family residence instead of the previous approved multifamily dwelling units. The parameters for zoning were listed on the plan. Mayor Foley asked if the applicants had an opportunity to look at the items of concern raised by Ms. Kloss's letter, representing the River Club at Carlton HOA. Mr. Moler offered the following in response to the letter received: Setbacks: The lots on the east side of the road would have a 15-foot rear yard setback. The shorter setback abuts the 50-foot buffer and A1A. Construction access: The applicant would like to use Old Winter Beach Road. The County may be willing to issue temporary access off Old Winter Beach Road. Vice Mayor Auwaerter asked for clarification re: the 50-foot setback. It was explained that the 50- foot buffer starts at the limits of the right of way to A1A. The right of way provides an additional 20-feet to 30-feet to A1A. Applicants were working with the Town's Fire Inspector on an actual plan for fire ingresslegress and turnarounds for the emergency vehicles. The remaining items address the relationship between the Developers and the Homeowners Association. The applicants were very aware ofthe HOA documents and criteria for development. Page 3 of 6 Ms. Kloss, representing River Club at Carlton HOA thanked the Town Council for allowing them to be part of the process. She spoke of the general support for the modification but stressed the importance of getting access to Old Winter Beach Road, citing the short distance from A1A to the development site. Mayor Foley noted the Town would do what it could to work with the HOA and the developer. The Mayor then closed the presentation of evidence. Attorney Sweeney confirmed this was the first reading of Ordinance 578 and that there would not be a second quasi-judicial hearing. With no further comment, or deliberations among the Council, a motion was made by Councilmember Carroll and seconded by Councilmember Dane to approve Ordinance No, 578 on first reading. Acting Town Clerk Scheidt called the roll. All in attendance voted in the affirmative with the motion passing unanimously (5-0). 8. C. Approval of Work Authorization 2025-06 - Kimley-Horn Comprehensive Plan Update Vice Mayor Auwaerter noted his concern that the work order to update the Comprehensive Plan may include tasks already completed. He noted that under the Consent Agenda, the Town Council adopted zoning maps, which had last been adopted in 2020. He noted the Town is made up mostly of residential properties with very little commercial and questioned the need for the continued amendments to the Comprehensive Plan. Vice Mayor Auwaerter further questioned the costs being charged. Town Manager Harpring offered a historical background of the required amendments to the Plan, explaining that the present update includes the 20-year planning horizon and once complete, will meet the statutory requirements. Barring any future legislative mandates, the Town's Comprehensive Plan will not need to be updated for 7 years. The Council thanked Vice Mayor Auwaerter for his comments. Councilmember Carroll then made a motion to approve Work Order 2025-06 - Kimley-Horn Comprehensive Plan Update. Councilmember Dane seconded the motion. The motion passed 4- 1 with Vice Mayor Auwaerter voting against the motion to approve. 9. Staff Updates. a. Building Official Report & Statistics Fred Held addressed the Town Council. In response to Mayor Foley, the Building Official noted it takes less than a week from application to approval to approval. b. Code Enforcement Report Jake Maikrantz addressed the Town Council. Mayor Foley expressed his appreciation to Mr Maikranz for his hard work noting that Mr. Maikranz's efforts in Code Enforcement are noticed throughout the Town. C. Public Works Department Report Larry Bryant addressed the town Council. He confirmed the Town lot was the property off Sago Palm. C. Town Treasurer Report Page 4 of 6 Auditors are reviewing the financial statements, and they will be presented to the Town Council at their April meeting. The council expressed their appreciation to Town Treasurer Christmas for her keeping the Town Council always informed. d. Public Safety Department Report & Statistics The building improvements are moving along smoothly. The kitchen upgrades were progressing along as well. The Chief was happy with the work and the contractor. There had been a rescue call a couple of weeks back in which a worker had fallen off a roof. Lifeline was called for transport to the trauma center. The full operation went smooth. Traffic enforcement continues to be a success. Signage is effective. Chief Stone has reached out to google maps to get the speed limit posted on the google site to coincide with the Town's speed limits. 10. Town Attorney Report Attorney Sweeney reported further on the legislative process and several bills that are pending. The last 3 weeks of the session will concentrate on the budget. Discussion followed. The Town will look at HB 55 with Senate Companion and HB 943 which address accessory dwelling units. HB 1523 eliminates the 25% surcharge and caps the amount that can be transferred from utilities to general funds. Mr. Sweeney will be putting together a letter for Mayor Foley's review by Friday highlighting the Town's support of HB 1523. 11. Town Manager Report Town Manager Harpring thanked Staff and especially Lucy Scheidt for her assistance with the solid waste transition. He extended his appreciation to the Town Attorney, Tax Collector and County for their assistance with setting the non-ad valorem assessment rate. 12. Counci/Commitee Reports or Non-Action Items a. Call for Committee Reports, Informational Updates or Comments Councimember Dane reported on the Treasure Coast League of Cities meeting held the prior week. A discussion followed regarding the structure of the dues being based on population. Councimember Altieri reported on the March 4, 2025, Utilities Commission meeting. The focus of the meeting had been on the removal of fluoride from the public water system. A very robust discussion on the pros and cons of fluoride took place at the meeting. Councilmember Altieri sent a letter to the Utilities Commission requesting an update on the recent developments with the City of Vero Beach and its effect on funding for the water reclamation project. The City's failure to file their 2022 audit in a timely manner will affect the City's ability to obtain funding. The letter was not discussed at the meeting as Utility Director Rob Bolton needed more lead time to address. Councilmember Altieri will meet with Mr. Bolton prior to the next meeting of the Utilities Commission. Vice Mayor Auwaerter asked when the matter would be coming before the City Council. Councilmember Altieri responded there had been no substantive discussion on the water reclamation construction project and when it would be presented to the County Commission. Page 5 of6 6 Councimember Carroll spoke at length regarding the funding and bonding of the project. The discussion addressed both the availability and bond ratings system. Mayor Foley reported on the Treasure Coast Council of Local Government Meeting held on March 5. Vice Mayor Auwaerter attended the Metropolitan Planning Organization's Bicycle Advisory Committee during which FDOT made a presentation. Vice Mayor Auwaerter inquired about the status of the crosswalk on A1A in front of the 7-11. The District 4 representative agreed to follow up and report back to Vice Mayor Auwaerter. Vice Mayor Auwaerter advised he made a presentation to the Beach and Shores Preservation Advisory Committee however, no action could be taken as a quorum was not present. The presentation addressed the Memorandum of Understanding between the County and the Sebastian Inlet District. Under State Law (FS 161.142) the Sebastian Inlet Authority is required to move sand south, and is Inlet is responsible for bypassing sand that migrates into the inlet system to downdrift beaches. They are also required to meet bypass objectives by moving 75,000- 90,000 yards per year. This requirement has been in effect since 2020. To date, they have only met 58.9 percent, 829,000 yards short of their objectives. Although their Director, James Gray, contends they came close to their directive, it was only because of the sand the County brought in. As written, the Memorandum of Understanding between County and Sebastian Inlet District has no enforcement provisions. Vice Mayor Auwaerter is requesting additional language be added to the MOU to include a proviso that if the required transfer of sand is not met in 2.5 years into the five-year agreement, Sebastian Inlet District would need to produce a remediation plan to meet the goals by the 5-year period. Should this come before the County Commission, the Vice Mayor will make the same presentation. A lengthy discussion followed. Mayor Foley agreed to review the MOU. Vice Mayor Auwaerter indicated that there may have been a lawsuit against the Sebastian Inlet District. Attorney Sweeney would investigate information on the matter including the possible lawsuit that had been filed. 13. Call to Audience None. 14. Adjournment With no further business to come before the Town Council, the meeting adjourned at 10:30 a.m. Approved: April 24, 2025 a - e Janice C. Rutan, Town Clerk Page 6 of 6