meeting to order. This is the regular town council meeting, Thursday, May 28th, 2026. Uh we'll start with the invocation from Councilman Carol. We're thankful for this town and its residents. We are grateful for all who work for the betterment of our community
and all who serve on its behalf. that those who work here and those who serve here be ever mindful of the town's vision and mission statement. Grant this council the wisdom to govern amid the conflicting interest and issues of our times. The ability to work together in
harmony even when there is honest disagreement, a sense of the welfare and true needs of our people, personal peace in our lives, and joy in our task. Amen. >> Amen. If you'll join us in the pledge of allegiance. I pledge to the flag of the United States of America and to the
republic for which it stands. One nation under God, indivisible, liberty and justice for all. >> All right. Thank you everyone. Uh we'll start with the roll call. I'll
note that uh we're down two today. Uh, Councilman Alter had a close friend pass away, so there's an excuse absence in that. And uh, uh, Councilman Tedesco won't be joining us today as well, but let's call the role. We have a quorum.
>> Mayor Foley >> here. >> Vice Mayor Atwater >> here. >> Council member Carroll >> here. >> Let the record show we have a quorum present. >> Are there any requests to reorder, delete items, or add emergency additions to the agenda?
If there are none, is there a motion to approve? So move second. >> All in favor? I. >> Any opposed? Okay. Agenda is approved. Presentations and proclamations. We have one one near and dear to the heart of uh
of the people here in Indian River Shores, especially those who have the great pleasure of working with our clerk, Janice Rutan, uh who is the the face of the town when people come in to see them, as is Lucy, of course. But, uh
uh the clerks are are really, I always say, the non-coms, the you know, the top sergeants of the municipal the municipal organizations. they uh they get things done in a way sometimes politicians can't. So, we have a pro proclamation
uh that will honor the uh professional municipal clerks and it's a week of uh of honoring of these folks. Do we have anybody from the association or will you you'll accept it on behalf? All right. So whereas the office of the professional municipal clerk, a
time-honored and vital part of local government, exists through the world. And whereas the office of professional municipal clerk is the oldest among public servants. And whereas the office of municipal clerks provides the professional link between the citizens, the local governing bodies, and agencies
of government at other levels. And whereas professional municipal clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all. Whereas the professional municipal clerk serves as the information center on the functions
of local government and community. Whereas professional municipal clerks continually strive to improve the administration of the affairs of the office of the professional municipal clerk through participation in education programs, seminars, workshops, and the annual meetings of their state,
provincial, county, and international professional organizations. Whereas it is most appropriate that we recognize the accomplishment of the office of professional municipal clerk. Now therefore, the town council of the town of Indian River Shores do recognize professional municipal clerks week and
further extend appreciation to our professional municipal clerk Janice C. Routan and to all professional municipal clerks for the vital services they perform and their exemplary dedication to the communities they represent dated this 28th day of May, 2026.
Thank you very much. Um, I usually skip a lot of the wherees in these proclamations, but I I thought it appropriate to read it all the way through today because many people don't really fully understand the scope of the work that that Janice does and and municipal clerks do. Uh, so thank you
for your uh your dedication to us and the and the service and have a great week. And anybody else like to say anything? >> Very much. >> Uh, Justin and I echo echo your remarks. Janice does a great job for us and for the citizens of town.
>> I knew from day one when we interviewed that you would be an outstanding clerk here. Uh it's been great working with you. Look forward to the next few months and I'll be sorry to go off council so we won't have interactions. But congratulations
>> Mr. Mayor. I'd also like to note uh on behalf of staff our great appreciation. Uh uh everyone will understand it when I say Janice is an excellent calming influence on us all around here. So we appreciate it. >> Coming influences are good. Um all right. Terrific. Thank you very much.
And I'm sure all the citizens appreciate everything and you get um an awful lot of accolades from people um on the street. The other folks up here not so much, but you always get good accolades. So um all right. Uh item four. Are there comments from the public regarding the
agenda? items. Any any items on the agenda? If you have a comment that you'd like to make, you can have three minutes. No. Going once. Going twice. All right. Thank you very much. Um there are no comments from the public. Item five is the consent
agenda. Is there a motion to approve? >> Second. >> Okay. We have uh resolution. So, we're going to do a roll call vote on this. Again, we do have a quorum. >> Mayor Foley. >> I. Vice Mayor Awarter. >> I, >> Council Member Carroll, >> I. >> Let the record show the motion passes
unanimously. 300. >> All right. Thank you very much. Uh, for the mayor's report, three three brief items. Um, we I've gotten some some comments about the condition of sidewalks in the south of town. Uh, and uh, I assure those that
have made the the multiple comments to me in passing uh, that we're on it. Uh we have uh uh FDOT that has jurisdiction over those and town manager uh can can fill in later in his report if he if he so desires. But uh we we do note that
there are some conditions there with the asphalt broken. Um weather patterns down here can do a number on on things um made out of asphalt and concrete. But um we'll we'll work with FDOT and if not uh then I
guess I suppose we can we can come with some kind of temporary solution that we'd have to have brought before council. But as it's not our responsibility to to fix and pay for that, we'd like to see FDOT take care of that first. Is that a fair fair description, >> Mr. Mayor Councel? That's correct. We
have been speaking with FDOT and they are aware. Uh, I believe they're waiting for some other infrastructure work to complete, but it's definitely on their radar and we are keeping in contact with them regularly about it. >> Okay, great. Thank you very much. Uh,
as you may have heard, we have a new congressional map and we're a new congressional district. We're we're now the Florida 9, not the Florida 8. Um, so everything will go along the same for us. We'll we'll still be voting in the same manner. Uh, in that regard, I do
wish to remind everybody that if you haven't voted in a year or two, make sure that your your voting registration is up to date. Furthermore, make sure that uh if you if you elect to vote by mail, you've requested a mail and ballot because if you didn't do it the last time, um you won't be on the list. You
had to reregister by statute. I think it was two years ago with an implementing date of last year um in 2025. So, please make sure that you do that. Uh the uh the candidates for the Florida 9 have been making the rounds. Um I'm sure
other members of council have had the opportunity to meet and speak with some of them. I have. Uh I I will tell you that the the field is packed. Uh we've got a lot of uh a lot of candidates including an incumbent that's not from this area. Uh, of course, uh, our
interest since it does not look like we will have an Indian River County based, uh, candidate in the, uh, primary or election, uh, is to ensure that, uh, the candidates understand the importance of Indian River County. Uh, and I've been doing my best to pass that message along
to all the candidates, and I would ask that other council members and members of the public who meet the candidates do the same. Uh I'm I'm also happy to report that our current soon to be old congressman has uh assured us nothing's changed. Should he win re-election, uh
he will be there for us to uh to assist in in every way, shape, or form that he can. Uh in addition to our new congressperson. So, um if that's on your mind, uh we'll we'll be working as will other elected officials locally to make sure that we have an adequate seat at
the table and voice and representation in Congress. The governor had a press conference yesterday, some of you may have heard. Um, and so we are looking at um a special session that will discuss
the long awaited unveiling of uh uh restructuring real estate property taxes. So, there was a lot in there to digest. If you watch the press conference, we even we even heard about the merits and demmerits of keeping a baseball stadium in Tampa Bay. Um, as a
Yankee fan, I I can't really comment on that uh objectively. Uh, however, here here's the here are the highlights of what the governor believes is um is going to work its way through uh after his conversations with legislatores uh members in both houses of the
legislature. So rather than a blanket elimination of real property taxes, uh the governor is proposing a phased in approach and this is ostensively to allow local governments to prepare for and assess revenue decline with a smooth
transition. Property taxes uh will still be used for core services. So you know the the guys in the back row there, don't worry. uh police departments, public safety departments will still be funded as will uh as will
education and schools. Uh the initial break for taxpayer taxpayers is proposed currently uh to rise to a limit of a $250,000 homestead exemption. And it's it's said statistically that
this would benefit about 60% of Florida homeowners uh immediately. So that $250,000 will then uh h have a phase in that the legislature must implement uh that would cap out at $500,000 under the
current proposal. And you know that would allow 92% of of those with values of up to $500,000 a tax break. Now understand when this goes through the special session, anything that comes out of the special session would go on the ballot for a constitutional amendment
and the the voters would have to pass that by 2/3 majority. So >> I believe 60% >> 60% to approximately 2/3 right um yeah 60 66% but you're right 60%. Um polling
has showed that under this under this phase down uh taxpayers are overwhelmingly supportive of of such a such a proposal. So um some questions if you have friends that are thinking about moving to Florida um
they would have to pay homestead taxes for 5 years in in order to mitigate the the windfall for newcomers. you know, have them pay in for things that have been done in years past. Um, the spec the special session is expected to run
to June 3. Importantly, there's no call for new taxes. You know, there have been a lot of rumors that, well, they're they're going to have an income tax, they're going to have new sales taxes, they're going to have this. This session will not be discussing new taxes at all. It would just be discussing the um um the
implementation of of uh reform on the on the savings side for taxpayers. Um the governor has assured what are referred to as fiscally constrained counties. Uh either either a trust fund or some kind of funding mechanism to um
to supplement those fiscally constrained counties. Uh I I think that's going to be a bit challenging. There are some constitutional issues that require do aortionment among among all tax recipients uh recipients of tax funds.
So, um, the the the assurance that some of the more rural counties that really rely heavily on on real estate taxes exclusively, uh, is under consideration and and would need to be done. So, as I said, the the survey, the governor's survey showed 77%
support for the concept, well, well above 60% or even 66% um, as uh, as the case may be, but it is 60%. The vice mayor is right. And that's what we have. Uh that's what we have going into the special session. Uh I'm I'm just going
to remind everybody of my uh my typical comment which is this this horse is going to go into the special session and it may come out of three hump camel. So we don't know what's going to happen uh during the special session. It appeared
from the press conference that the governor is very confident that he has he has worked these issues through with uh the requisite votes that are needed in both chambers of the house to get this done. So we will see uh we will see how this how this works. Um and uh we
have begun doing some back of the envelope calculations in terms of you know how it is uh how it's going to be affected. I've been asked by people will our services be affected? My my opinion is no. Uh this is going to be implemented after I'm gone and after
Sam are and Sam's gone. Other folks will have to have to worry about the budget, but you know, there's going to be a shifting of the burden of uh real estate taxes from homesteaded folks um to u to non non-homesteaded folks and folks uh
you know with values above $500,000 uh that will still be taxable at non-homestead rate. So that's pretty much most of the island. Uh you know, our our property values are pretty significant. Uh our other surrounding communities, I think, are going to have are going to have more challenges, but
um uh it's I think it's going to be popular with the public. So let's let's uh see what happens at the end of the special session and we'll be able to report more. Um that's it for my for my report. Uh if there are any questions from council,
I'm happy to happy to answer them. Oh, sorry. One more item. Um, we've been following and tracking the utility bill. I believe it's House Bill 1451 is what it's known as. Uh, in discussions with members of the legislature, I'm told it's still on track to be submitted to
the governor. Why it hasn't been submitted, they've got other stuff going on. That's just what uh what the response is. So, let's no guarantees, but let's be let's be hopeful. HB1451, I believe, gets us 90% of the way to um to to what we would want to see achieved in
a utility bill. The only thing uh absent to remind folks, we talked about this uh couple of couple of meetings ago, is uh an outright prohibition on transfers of uh uh surplus revenue from utilities to a general fund. But there will be a
reporting mechanism in 1451 requiring uh municipal run utilities to report how much of the overage um they have and that goes to the general fund. I'm hopeful that that's a first step on the way for a bit of transparency to show
this is how much money uh is really a hidden tax that's being put on people in the guise of a utility bill. All right, so um that's it. Any questions for me? All right. Thank you very much. Uh, council member items. Are there any council member items? >> Yes, sir.
>> Uh, uh, just a followup on the property tax situation in terms of what we deal with here. Our property tax revenue represents 79% of our total general fund revenue and
our police public safety and fire uh, public safety represents 65% of our expenditures. So that gives you a sense of what we have to deal with. Our town probably is at the
far end of the spectrum in terms of relying upon property tax revenues. A lot of other uh municipalities particularly the larger ones have all sorts of different uh revenue uh flows. Uh, for example, in both Indian River
County and the city of Vero Beach charge a 6% franchise tax on your utility bill. Uh, that's both on electric and water and sewer. Pick up your bill here, you don't pay that. So, that's sort of a, you know, to the mayor's point, there's
all sorts of hidden taxes out there. And uh so when you look at property tax comparisons between us and Verau Beach say Sebastian and River County and or and well I don't know about or whether they charge that or not. That's an additional benefit of of uh living here.
So I just uh want to point that out. I you know I think this whole thing is going to have a very broad brush to it. Uh the fiscally uh constrained counties as the mayor mentioned are tend to be rural counties like Glades, Okachobee and so forth. They're they're going to have a pretty rough uh uh time with that
because the value of their houses are are so low relative to this limit that the uh governor is going to propose. The only other thing is I gave uh the town manager a heads up. Uh our anchoring limitation area ordinance I believe we
passed in August of last year and I just like to ask him to give council an update in terms of what's going on in terms of you know setting it up. uh any has enforcement started and so forth. So,
>> Mr. Mayor, if I may, may I defer that to the town manager report because >> I have a few I have a few slides on that. Yeah. >> Oh, okay. Perfect. Absolutely. Yeah. Um all right, Councilman Carol, you all set? Okay, good. Um discussion with possible or probable action. Uh these
are always the exciting parts of the agenda, right? Um item 8A uh we have comprehensive plan amendments transmitt hearing. So Mr. Horping is this your item? >> Yes, Mr. Mayor. Thank you, Mr. Mayor. Councel, the town's prepared
comprehensive plan updates as part of our evaluation and appraisal review process, and this is required by state statute. Updates essentially compensate or address any changes in the legislature that deal with the comprehensive plan. As you might recall,
we actually passed a comprehensive plan in first reading last year. However, subsequent to that, Senate Bill 180 uh took effect and Senate Bill 180 had a lot of effect on all comprehensive plans that were being
done around the state. The town decided to defer at that time and make our comprehensive plan consistent with all the provisions of Senate Bill 180. So that's why we're here at this particular time. Uh, additionally, I'd like to note that the
uh the comprehensive plan was reviewed yesterday and we thank the planning zoning and variance board who met uh at fairly short notice uh sitting as the local planning agency pursuant to our town ordinances. They did review the
comprehensive plan, the amendments, the changes, and at that point in time, they recommended uh to approve the comprehensive plan. So, if we could just go through a few slides very quickly on this. Thank you, Heather. This is
ordinance number 594, comprehensive plan amendments. As you know, under Florida statute chapter 163, we're required to do a comprehensive plan and that flows into our land development code and the manner in which we structure our ordinances. Comprehensive plan contains
both future aspirations and foundational goals as well as a sort of a compass or our objectives and our playbook is our policies. These are planning period went out to 2045. Um these are some of the elements.
So we just talk about future land use. Again, none of these uh figures have changed since the previous uh review, but I do note the future land use uh notes additional 800 residents by 2045. And for transportation, we again
understand the unique nature and dynamic of the town. Um, but we do want to try to support, you know, friendly motorized, non-motorized travel and low impact, nonmotorized options, housing and property.
We're essentially built out. We have one area that is developing 10 single family homes. We have a few properties in different areas that have the ability to develop uh standalone single family homes, but essentially all the other large properties for development. Uh
thinking back briefly to Surf's Edge, but of course now Blue and the Strand have essentially built out the town. Um public facilities and capital improvements. Our primary goal here is obviously to maintain our level of service standards and comply with all the Indian River Lagoon protection
program requirements and reduce pollutant loads and distributions into the lagoon and coastal management. I don't think I need to say much about this only because we have been pretty well verssed in this area relative to securing the critical erosion designation from FD
and working to protect and restore our beach and dune systems. on conservation. Again, through a lot of these actions, we do um help to preserve our natural resources and protect our uh environment and the area in which we live, which is critically important
because it draws uh so many of our residents here because of the beauty of the community in which we live. At recreation and open space as an element, we don't have any particular parks other than the beach park as it were that we have at the end of Beach Comr Lane. Um but we do partner with uh other
agencies. the county has a beach access uh within the town jurisdiction as well that they maintain and that sort of segus into intergovernmental coordination. Uh we do have a number of joint planning and uh operational items.
uh one which coun vice mayor Atwater mentioned that I'll discuss a little in in a minute a little more details the anchoring limitation area which is coordination between the county and the city's that are involved as well as our recent um septic to sewer and paving
project uh with the city of Vero Beach. So with that uh I will simply turn it over to council to see if you have any questions. The final thing I will note is that the sum and substance of the effect of the changes
in basic parlance would be that we softened language consistent with the provisions of Senate Bill 180 which prohibited the town from designating uh or adopting anything that would be more restrictive, more burdensome, especially
relative to private property rights and development and so on. So that's where we are with the comprehensive plan updates. I'm happy to do my best to answer any questions at this time. >> Thank you, Mr. Harpering. Uh uh again, bear with me as I give my stock speech.
Uh this is what is referred to as a an unfunded mandate. So, if a genie was found by me walking along the seaweed on the beach um and I had three wishes, it would be eliminate unfunded mandates,
eliminate unfunded mandates, and eliminate unfunded mandates. These are things that are forced upon us that we have to do. We get no no compensation for it. Um when when the legislature passes these um you know these
requirements, we have to do them whether we whether we like it or not. Uh many of the items in the template for it have absolutely no application to a community like ours. So it's an exercise that we have to go through. It does have some benefits. It gives us some uh moments of
repose to think about to think about planning, but we we don't do this because we choose to do it. We do this and we spend the money to do it because we have to do it. Um my my last comment on this would be, you know, the the
legislature passed a statute two years ago requiring uh municipalities to provide a good faith estimate of the additional costs on the taxpayers for any ordinance changes or adopted ordinances that municipalities would
adopt. Again, that was another unfunded mandate, but we we have to assess a cost on this. Uh the legislature doesn't. So, you know, maybe maybe in future years it would be a good idea for the legislature to uh to adopt a provision uh somewhat
like the paperwork privacy reduction act at the federal level that says uh we're we're mindful of how much this is going to cost local municipalities and uh uh perhaps that would that would be an element that would give them some pause in adopting these things. Um with that
said, after that speech, uh Mr. Harping, are are you looking to set a hearing date for this? What is the action item that you wish to uh you wish to propose? >> We would just like to move forward with first reading and a vote by councel. >> Okay. Thank you. Vice Mayor Alward, your comments.
>> Um I I echo what you say. If you flip to page 98 that starts the future maps uh pendix and then if you go into the second page because it doesn't have a number on it
because it's a it's a map at the this is transportation facilities 2025 level service map. Uh uh for those you don't know, I'm on the Metropolitan uh planning organization, which is a transportation planning board for the entire uh county and and something just
seems odd on this map. And maybe if the town manager could follow up with Kimley Horn, it shows a level of service at LOSC is better, it's green, and a level service D yellow is worse. I'm I'm guessing the colors are reversed
because if you look the section where level service is D, that's the section north of uh the town uh north of the town hall where there's no uh roads uh really going in. And the green is at the
south end of town, which often times backs up uh at lunchtime and around 3:00 when all the contractors leaving. if you can maybe just ask them if if that's correct or maybe they got that information with FOP. It's a little bit of a head scratcher to me. So,
>> I'll follow up on it. >> Yeah. Thank you. >> All right, Mr. Town attorney. U given the vice mayor's comments u if there is a change that's needed, are we able to denote that a scrivener's error or uh are we still able to proceed with the
approval? Um Mr. Mayor, as this would be first reading and ultimately it would go up to the state, we have the ability to correct that if it's incorrect information. Thank you very much. >> If you're prepared, I'm ready to read the title. >> Councilman Carol, any comments or >> um no further comments? You signed it up
nicely. Thank you. >> All right. Thank you. Um take it away. >> Thank you, Mr. Mayor. This is ordinance number 594, an ordinance of the town of Indian River Shores, Florida with attachments amending the comprehensive plan of Indian River Shores providing for the amendment to the text of various elements and the future land use map
series of the comprehensive plan resulting from the directives of the town council after the completion of the evaluation and appraisal review providing for a business impact estimate providing for scribers errors, the repeal of all conflicting ordinances, and an effective date. This is the first reading. Thank you, Mr. Mayor.
>> All right. Is there a motion to approve? So move second. >> Any discussion on the motion? There being none, let's have a roll call vote. >> Mayor Foley, >> I. >> Vice Mayor Outwater, >> I. >> Council member Carroll, >> I. >> Let the record show. The motion passes unanimously. 30.
>> All right. Thank you for Thank you for your comments and explanation. Um, Mr. Harping, thank you for your comments. Vice Mayor, item B 8B, real estate sign penalties. >> Thank you, Mr. Mayor, Council. Uh in this particular ordinance, we're looking
to provide a defined structure for the penalties specifically related to signs under that section of the ordinance. This will allow us to provide consistency in the administration of the penalty and fine structure. Especially important will be when we go to a
special magistrate on any of these that may or may not be challenged. This particular structure will uh provide a lot more guidance and as I said, consistency and clarity. That's the purpose of the uh of the ordinance. Any discussion on this? >> Just uh one quick question. On page 140,
section 164 decimal 16 says, "Unless otherwise specified, any person or business who shall violate any of the terms, provisions, or conditions chapter shall be punished by a fine fence." So, does the word shall indicate that there's no discretion they going to get
hit with the fine? >> I'm just trying to find that, Mr. Vice Mayor. >> Uh, I'm sorry. 140 section 16416 and that >> yes sir >> can you repeat your question >> okay the it says any person or business
who shall violate any deterrence provisions or condition this t chapter shall be punished so using the word shall does that mean there's no discretion That's if there's a violation. That's correct. >> Okay. I mean that that frankly that's that's what I want since we've had
serial offender. So I I think that's a that's a that's a good provision. So >> but keep in mind there has to be a defined violation because we deal with a lot of the folks in certain manners where we're just trying to again educate, encourage and
enforce before we start um you know through the process. We do know that we have frequent >> flyers as it were relative to sign enforcement. This is really the this is really helping us out here. >> And the provision says first offense is a warning which I'm I'm good with but uh so okay.
>> All right. Councilman Carol, anything on this or are we good to go? All right. Is there a motion to approve? >> So move second. >> Roll call vote, please. Mr. Mayor, just a quick >> I'm sorry. You have to read the ordinance. >> No problem. Yes, sir. Motion's fine on the floor. Uh, ordinance number 595, an
ordinance of the town of In Shores, amending section chapter 164, signs of the town's code of ordinances, amending section 164.0, definitions, adding section 164.06, temporary signs, D, advertising sign or structure, adding section 164.15 violations and section
164.16 penalties, providing for applicability and inclusion, providing for severability, providing for an economic impact estimate, providing for scrimmers errors, and providing for an effective date. This is the first reading. Thank you. All right. Is there a motion to approve? >> Second. >> Roll call vote, please.
>> Mayor Foley. >> I. Vice Mayor Alwater. I. >> Council member Carroll. Hi. >> Let the record show. The motion passes unanimously. 30. >> Okay. Item 8 C, ordinance number 596, adoption of town seal. We have a new seal. Um, you want to explain why we're
going away from the tree to the sailboat? Uh well, in terms of the seal, we are still maintaining the historical tree. Uh but um here we're looking at >> establishing the seal officially through uh ordinance. Uh we've obviously gone
through a review and evaluation of our branding, our logos, our seal, our website, and so on. And this is um this is part of the this is part of the rebranding. And in this particular case, we're asking for actual formal action through ordinance 596 to essentially protect and regulate the seal.
>> Right. My apologies. We are keeping the tree. Um we have on on some of our official documents though a pelican and some you know things. So is that are we are we going to substitute that for all the other
>> documents? There's an official seal which is what we're dealing with today which is going to be used in somewhat more of sounds a little repetitive and officious manner. Uh our other logo as we see is more for uh town branding and
publication and consistency with what we're doing in the website with uh colors and so on. uh using a an officious seal as it were for letterheads and correspondents and things like that seemed a little uh I don't know oppressive for the
aesthetically excellent talent that we have. >> All right. Well, I'm happy to defer to my colleagues on this because I've been consistently referred to as as aesthetically challenged. Um so, um it's fine with me. Uh is there any discussion on this?
>> Uh is there a motion to approve? Second. Uh, roll call vote, please. Uh, Mr. Mayor, one more time. I'm sorry. You have no problem. This is the last one. No problem. Uh, ordinance number 596, an ordinance of the town of Indian River Shores, amending title 3, administration article 1, general provisions by adding section 30.03 designating a town seal
providing for applicability and inclusion, providing for severability, providing for an economic impact estimate, providing for scriers, and providing for an effective date. This is the first reading. Thank you, Mr. R. >> Now, is there a motion? >> Second. >> Roll call vote, please. >> Mayor Foley, >> I. Vice Mayor Awarter. Hi, >> Council Member Carroll.
>> I The record show the motion passes unanimously. 300. >> All right. Thank you. Uh, thank you, Mr. Sweeney. I um, you know, when there's discussion, I do always forget to uh, have you do the official reading, so thank you for reminding me of that. Item 8D, parking ordinance
review. Um, all right. So, we had a meeting set setting the stage for the public to make a comment on uh changing the parking ordinance as discussed at two meetings ago um in front of council which is um providing some relief for
people who drive pickup trucks particularly, you know, passenger pickup trucks. And uh is this to report back on the on the uh >> on the public meeting >> on the public meeting and what the public's sentiment was? Yes, sir. I I will note I was I was pretty surprised
that um peop you know there are people who usually are very um very comfortable expressing opinions. I I did not get an awful lot of I don't think I got one email on this. I did get some some discussion. So I don't know about my fellow council people because we're not
allowed to speak to each other between meetings. So very interested to hear what the public has to say about this. >> Thank you Mr. Mayor. council to set the stage for the meeting that occurred on May 19th. As you noted, we had discussion and had a community input
meeting. We did notify our HOAs, our you know, community management folks. We notified the general public through the website, the email. So, we tried to get that that information out. Uh the meeting was specifically direct related and directed concerning the parking of
non-commercial trucks. as you noted, essentially uh you know, private use uh truck vehicles in residential driveways. Our current ordinance prohibits the parking of those vehicles from 7:00 p.m. to 700 a.m. And
that meeting was held again because of some inre increasing inquiries over the over the past year. Approximately 15 people were in attendance. Uh of those that spoke, maybe about six or so spoke. um all supported uh some type of change in the current ordinance which would
allow personal use non-commercial trucks to be parked on uh private property and in driveways and we've received a number of emails from folks residents who were not specifically able to be at the
meeting and those reflected uh about the same uh about the same uh temperature in terms of what what folks wanted to do. So, at this time, I uh I would also note that um uh we did provide uh council and having spoken with everybody, I know you noted some of those comments, we
provided a a recording of that uh to council and uh at this point in time, it's staff is looking for direction as far as what you would like us to do. if you'd like us to consider options, if you'd like us to do nothing, um to draft some template outlines for your review
for uh a view of how you would like to proceed. >> All right, I'll turn it over to council for discussion. >> Sure. >> Uh I think we should move forward. I'd like to see um u your thoughts, ideas on
um um getting it changed. >> Vice Mayor, >> the reality is is that uh sedans aren't being produced uh by manufacturers anymore. It's trucks and and SUVs.
Whether an SUV is a truck depends on the person you ask. And so I think we probably should move forward. >> All right. Thank you. Um it it if anybody came after the call to the audience on on agenda items that wants to talk about this issue, I won't
make you wait to the end of the meeting for item 13. If you'd like to say a few words, pro or con. Uh we'll reopen it up at this point. Anybody want to talk about that? Miss Bowman, welcome.
>> Yes. Thank you. Thank you, council. Um, I I was here earlier, but I didn't speak up, but I thought I'd just say a few um a few words. Terry Bowman, I live in Pebble Bay Estates, across the street from the mayor. Um, I did attend the meeting the other day. I really
appreciated the opportunity to the public. Um, I have also spoken with other neighbors who, some of whom have pickup trucks. Um, they were not able to attend the meeting because it was during business work hours. Um I think um they
were appreciative of the of the town considering the change. Um I I I spoke at the meeting. I think it's um it you know the times have changed as you have acknowledged. Pickup trucks are not sort of presumed to be commercial trucks
anymore. Most um most of them are personal um vehicles. The F-150, for example, is the highest or bestselling vehicle in the United States. Um, I think it's um it's would be very
appreciated to h, you know, adjust the the ordinance. There can be you some parameters around it that um Mr. Harping and Mr. Sweeney can I'm sure figure out. I'm I'd be happy to help on a committee
of some sort to to to pull together some ideas. Um I personally don't have a pickup truck, but my family members of my family do have pickup trucks and um it would be very difficult to basically
have them visit and but inform them that they'd have to park their truck in a in another town. that seems um uh it would seem unwieldly um and I I think unnecessary given that my SUV
um is bigger than a um a my sister's F-150 at this point. Um um so I I I appreciate this. I think there wasn't a single person at that meeting who spoke up in opposition. Um and everybody did
receive notice. Um, so I do think that we can still maintain um the aesthetic of the town um with allowing personal pickup trucks. So, thank you very much for this consideration. I appreciate it. >> Thank you for your comment. Anybody else?
Uh yeah, I I agree with the with what's been spoken and you know, we're just to remind folks, we're in an anomalous position where the the legislature passed a statute saying that homeowners associations could not prohibit parking
pickup trucks. Uh but because of the way the statute was written, there's a question as to whether or not municipalities still could. So, we'd be in a situation where um the Carlton John's Island could not
prohibit parking pickup trucks and driveways there, but we were going to do it on our few public roads. So, uh I wouldn't I wouldn't want to be standing in front of an appellet court trying to defend that. Um, so part of the process here, I think, is to conform our laws to the reality of what's going on in the
field and also to prevent us from having to defend uh positions that are indefensible. Uh, with this, I think the devil is really going to be in the details. And we're not the only municipality that has uh um that has chosen to to deal with this. So, we're
not talking about monster trucks with the big swamp wheels and there's going to have to be some tight definition of, you know, what a personal pickup truck is. No commercial signs. We do want to keep the character of the community. So, I think the uh the heavy heavy load, the
heavy labor is going to be in uh us looking at a proposal that really fits neatly with this beautiful seaside town. So, um, to be reasonable, can you have a something for us the next council meeting or do you need till July to do
it? I >> think we can have something prepared as a at a minimum as a draft for everyone to look at. Uh, if we can get it out early enough, whether you want to set it for first reading or not, we can talk about that as we move along, but we'll have something prepared for sure at the
June 22nd council meeting. >> Okay. Well, well, that's fine. I mean, it is summer and I I do on these kinds of things, I do typically like us to have most of the population in town, but you know, given the lack of opposition to this, I have less of a concern with this issue than I would with with any
other issue. Um, so terrific. That's um uh that's great. I'm glad and thank the people of the public that participated in in their comment on that and uh uh the balls in our cart. We'll get to work on it. So, thank you. Um, all right. Let's move to staff
updates. Building department report. >> Good morning. >> You're doing a twofer, huh? Yes, sir. A and B. Okay. Building department and code enforcement. Uh, you can handle both, Mr. Mike CR. >> Uh, for building department report, I have nothing to update.
If you have any questions, I'll relay them to building official Mr. Held. >> No, you're just relying on the report. >> Yes, sir. Okay. All right. Yeah, we we have some things to report. They're just in the report. Okay. Item uh item 9B, code enforcement.
So, >> um also with that, I have nothing further to update on those line items. Any questions? >> Nope. Mr. Mayor, if I make a note. Yep. Uh Mr. Mayor Council, I just want to thank here Jake for his work particular
in this area because he's usually telling people they have to do things. Those are all life safety, personal safety, well-being items. Uh but the all the firework and all those inspections are very very important to the town, especially since we have a
number of multif family, you know, units here in terms of uh you know, two and three stories. So, um, we appreciate him being out there and, uh, being the face of telling people to do stuff. Thank you. >> Thank you. >> Yeah. Uh, you know, the, uh, the brevity with which we treat your report does
not, uh, diminish the importance of it. Let me just put it that way. Um, you know, in addition to the code enforcement issues, which do an a very important job of protecting the aesthetics of the community and our property values by distinguishing us from other areas around the life safety
issues are are extremely important and thank you for that. Um, you know, and I'm I'm I'm hopeful that when you tell someone, did you know you have a really bad fire hazard here? They don't uh they don't react negatively. They say thank you for pointing that out to me. So, >> in the end, >> all right, great. Anything for uh Mr.
microns in either of these two reports. >> Uh I was just looking down at the at the breakdown. Boy, we've had an explosion of signs this year compared to last year, right? Uh and unless it's a unless it's a different measurement period, but uh goes from 20 real estate signs of 50
55. So, I'm glad you're keeping after it. >> Yes, sir. >> Great. Thank you. Uh 9C facilities department report. >> Good morning, council. You have the report. Any questions? >> None here. Thank you for the job you're
doing. A new task. Um, and can think of nobody better to handle it than you. So, thank you. >> Thank you so much, sir. >> Anything for Lucy? No. Okay. Finance department. >> In the time between the mayor's report and uh you're getting up here, have you figured out how we're going to make up for all this tax revenue?
>> I'm thinking about it. It keeps me up at night, but I'll figure it out. I >> I have a suggestion. We raised the sign penalty to $1,000 a sign, >> right? And just just just to put people at ease, we're not we're not making we're not making too light of this. Uh
we will have challenges, but as the vice mayor pointed out, the you know, a real substantial portion of our of our town budget goes to the public safety department and that of course is exempt from any scenario of legislation. So whether we we'd have a special taxing district or we'd just be able to you
know send a separate tax bill as you know uh to homesteaded and non-h homesteaded people for that on an allocated basis we'll we'll be fine. So but what have you got so far? >> Nothing really beyond my report. So unless you have any other questions for
me I will gladly answer them. >> Nope. Thank you very much. I know summer is still a busy season for you. That's when all the numbers get crunched. >> We're for the public's u benefit. We're well into budget season and we'll be uh looking forward to our our budget
meetings in August and September. Right. >> Thank you very much. >> And then don't we have one in October as well? >> We have one in July with the the budget workshop and then we have public hearings in September. >> Great. Okay. Thank you very much. >> Thank you. >> Public safety department.
>> Good morning, Mr. Mayor, Mr. Morning, Mayor, Council Member Carol. Um, so in addition to the report, the only thing I have to add was, uh, last month during the town council meeting, one of our residents, Mr. Hutmaker, um, complained, uh, brought up the issue of traffic failing to come to a complete stop when
turning right southbound onto A1A from certain developments and streets in town. Um, we took a look at this and since April 23rd, we've had uh 44 violators stopped, which resulted in 43
warnings being issued in one citation. Um, and also of note is that 65% of these violations took place prior to May 5th. So, the deterrent effect has worked. Um, and we will continue to obviously enforce this uh take this very
seriously because it is a a serious violation. Thank you. Just before you move on, um in response to that, because safety is always the paramount issue for us, uh I took a rare bike ride. Um and for those
of you who know me, it it's rare that I get on a bicycle. Um the uh I I don't know what the what the regs are for signage, but you know, the coming out of some of these places, the signs are really high, not visible. Some of them
were obstructed by um you know by oak trees and foliage and I know things grow quickly down here. Um we just need to kind of look into that and u I would ask uh I don't think this is a public safety thing. Maybe um you know maybe when the
buildings department is out doing things they can they can have a look. I know that the FDOT has a very structured system for how high the signs are but in coming out of one development and I'm a pretty I'm a pretty big guy. Uh, and I have a pretty good sight line. I I would
not even know there's a sign there unless I craned my neck and looked up. So, uh, just something to think about if we can if we can encourage people to look both ways. It's not, um, it's not anybody's maliciousness. I think that our our tendency is we just tend to our
brain takes us in the direction of where we think the danger is to the vehicle pulling out. So, if there's some way of enhancing or improving the signage, you know, look both ways or whatever, we we we'd be have it. But thank you for the for the enforcement report. That's very very encouraging.
>> Of course. Are there any other questions? >> Thank you. >> We're all good. Thank you, town attorney. >> Thank you, Mr. Mayor. Uh you covered virtually everything related to the legislative session. Um I just as a followup to the proposed budget, which
will have its final vote tomorrow, there's a 72-hour cooling off period. Just as a reminder, in Florida, the governor does maintain line item veto ability. So keep in mind what is profered to him assuming by Friday or over the weekend in anticipation of the
budget being executed by the 1st of July there may be continued reductions in there. So as the mayor pointed out earlier u this is a continuing moving target in a lot of different ways and I continue to talk with my colleagues and I know all of you are in touch with colleagues in the Florida League of
Cities. So um should I hear anything I'll certainly pass it along. >> Thank you. Appreciate that. Anything for the town attorney? >> Uh ju just one thing. How does it work in Florida? If there is a line item veto, does that go back to the state legislature to give them an opportunity to override? >> No.
>> Oh, okay. So, completely different than >> very different, very unique. >> Thank you. Uh town manager. >> Thank you, Mr. Mayor, Council. I have uh two items that I'll address. First, a very brief update on the anchoring
limitation area. So the anchoring limitation areas were established by uh Florida statute. Uh total aggregate area anchoring area in the county cannot exceed 10% of the county's delineated navigable in fact waterways. Um but less than 100 acres in
size. The area has to be less than 100 acres in size. If it doesn't include any portion of the marked channel of the ICW, any moing field or marina and again it has to be clearly marked. Um vessel can't be anchored. This is really the core of the anchoring limitation area.
It can't be anchored more than 45 consecutive days in a six-month period in a designated anchoring limitation area. Uh town participation was established by resolution 2313. We're currently in contact and where we are right now. Uh once the surveys were
completed, it was discovered that three areas within our designated anchoring limitation area contained uh private submerged lands. We've been in communication with all of those particular property owners. Uh I've heard back from two already, just waiting for the third uh for a final,
but all are in agreement that they have no problem with their submerged lands being included in the anchoring limitation area. The importance of that is that allows us to have one uh large area instead of broken up areas where we wouldn't be allowed to do that on technically privately submerged lands.
And the town is seeking authorization, as I noted, to include those areas in the ALA. Uh, and I'll just uh note, sorry it's not up on the large screen, Heather. If you go to page two, there you go. Um, you can see on this particular page, we have part of the
estuary. And then below that, uh, we, uh, have part of, um, essentially lost Tree. And the third one, >> Indian River Trust >> is yes, Indian River Land Trust. Again, don't anticipate any issues with
with any of those folks. I've heard back from them and Mr. Sweeney is working on a you know, basically a template agreement for all three to execute with us and the county in regards to this. So, that's where we currently are with the ALA. So I I don't have familiarity with
Florida only with New Jersey with repairarian lands where the state essentially uh owns everything that's uh submerged. So Florida somebody can have a a piece of property exactly extends out into submerged water.
>> Yes. >> Okay. All right. That's that's interesting. Okay. >> Very briefly, Mr. mayor council. It's very rare. Um but it goes back to the history of Florida being from Spain and land grants going down. So that
fundamentally very rare but it does come up. >> Okay. Thank you. >> Just one thing since um I I remember I started working on this with um former commissioner O'Brien I think in I think in 2022. Um and it's taken us this far
to get here. The one the one thing is this is all great and the anchoring limitation areas and and it does address some problems. You can have some unsavory characters just kind of parking off the shore and uh rowing rowing onto land. This has happened in our jurisdiction, believe it or not, kind of
wandering around up to no good or just uh you know being pirate radio guys out there. Um the the uh the delta the unknown in this was always um FWC Fish and Wildlife Commission uh who has really the primary
jurisdiction of um you know things like abandoned vessels and things of that nature. Have we taken steps to have a liaison from public safety to FWC to make sure that you know when this all gets settled down and shaken in, we can have uh proper enforcement mechanisms
and we're not just adopting something to make ourselves feel better. >> Yes. And this will of course allow us to be an enforcing agency. And the primary goal, certainly an important secondary goal is that public safety piece. This is so critical to address the der derelict
vessels that are just, you know, anchored and abandoned ultimately. >> All right. Thanks. Believe it or not, we saw we had a tugboat. Um we had a tugboat in our area and we were not able to remove it under existing statutes and regulations. We went on the boat because
there was still fuel in the tank and a radio that could work. So other than that, this was not a seaorthy vessel. And you would think intuitively if there's if there's fuel in the vessel that would be all the more reason to get to get it out of there, but no, that was a factor that militated in terms of it
uh not being removable. So thanks. Just keep us posted on it. It is an important issue. Um a lot of us don't see it every day. So thank you. The second thing I have is a brief update on the septic to sewer and paving projects for Beach Comr Lane and Pebble Lane.
As we know, HB1 1379 was passed and it required us to uh essentially required providers and property owners to uh not have septic systems anymore. No per no permits were going to be uh offered for those unless they were enhanced nutrient
reduction systems, which are extremely expensive systems. Uh these requirements uh to hearken to something that the mayor referenced earlier uh all the requirements associated with HP 1379 and the septic to sewer uh are considered unfunded mandates from the state legislature to the property owners. The
city of Vero Beach and the town relative to cost do continue to actively look for grants and I speak with the city about this uh weekly. We are reaching out to folks in Tallahassee in this regard, especially since the
legislative session is over, at least relative to the budget, depending on what happens with that ultimately. Um, >> Mr. Harper, my understand >> all of the grants here to four have been based on the provider, not some other jurisdiction. So, that's absolutely
correct. What may open up in the future, I can't account for. if we whatever we can do we are going to do relative to assisting the property owners mitigate whatever the costs are this unfunded mandate. One other thing that we're looking at and uh one thing that we've already done um and thanks to council is
that we've arranged a situation where the property owners can place the cost of this septic to sewer connection on their tax bill over a 10-year period to help advertise the costs. We are also internally looking at our ordinances and
our resolutions relative to any waiver of inspection or permit fees that the town can do to try to assist in regards to the uh in regards to the costs. We do have a follow-up meeting importantly on the septic to sewer system abandonment
relative to the septic systems, the sewer connections, and the costs associated with that. that will be in council chambers here on June 24th at 9:00 am. Uh we're hosting that, but the city is leading that meeting and their representatives will be here uh to discuss the the cost and the funding at
that time. Uh and that's the report on the paving storm water uh update. I will note that um I will note that as you might have noted, we've um actually started the construction company has started. We got permission to stage on
lot across the street uh for convenience. That way they don't have to drag that equipment in and out. Uh we were able to uh accelerate as we noted at the construction services agreement approval um recently that we're able to
accelerate the start date uh by over 6 weeks. So they're on site, they're working hard, and we're moving forward ex expeditiously as possible. I don't have anything other than that. >> All right. Anything for the town manager from council?
Okay, thank you. Next item 12, council committee reports and non-action items. Uh my understanding is that u Councilman Alter is going to defer to the vice mayor for his utility report. Is that you prepared to do that? >> My understanding pass some comments. I'm
sorry. Pass some comments on the town manager. I'll let him speak first. >> Mr. Mayor, I do. And then um I would ask the vice mayor who was present to >> Yeah. to to comment if you'd like. Okay. >> So, I communicated with council member Alieri and the report for the utilities commission notes that uh retellis that's
the presented their rate study. That's the city consultant. The prior rate study was conducted in 2022. In the intervening two years, council member Alieri reports that the total cost for the new water treatment facility has risen um approximately 90% from 82
million to 156 million. Other capital projects have taken uh total cap expenses to 217 million through FY 2030. Operating expenses have increased at a rate of 4.1%.
Uh he discusses just briefly the the bond financing and notes that little has changed on that front. The point is that the impact of the increase in capital expenses, operating costs, and debt service over the life of the financing will certainly lead, as we've already
seen, to significant rate and annual water bill increases and impacts for all the utility customers and the utility customers in our town. So for residents consuming approximately 4,000 gallons per month, the rate increase will result in an aggreate 47% uptick in water bills
during the period of 2027 through 2030. These numbers may go up, for instance, if the remaining contingency allowance in the treatment facility plan is exhausted as the project proceeds to conclusion. Approximately $10 million of the contingent funds remain uh unspent.
And then council member asked that if there were any additional comments by coun by vice mayor outwater who was there he would appreciate those. >> Thank you Mr. Harping. M Mr. Vice Mayor. >> Okay. Now that's that's a really good summary of the meeting. The only other thing that occurred at that meeting is I
got up during the public comment and suggested that given these huge rises and one other thing I will note is reuse water rates between now and fiscal year 2030 will go up 72%. it was that the uh Vero Beach City
Council think about capping the amount of transfer that they're taking out and my suggestion was a dollar amount and uh that ended up in the next council meeting uh Mayor Kugno uh said that their uh transfer rate has not kept up
with in inflation. Apparently, he doesn't understand how the math works because he suggested raising the transfer rate from 6% to 8% of revenues. Well, they've always they've already jacked up rates very substantially so far in anticipation of funding this
plant. So, that's gone up substantially above inflation, which means the transfer since it's a percentage of the revenues has gone up in higher than inflation. Then they're gonna and then it's going to go up another you know 47
uh percent as uh Councilman Alier's comment and then on top of that he wants to raise he suggested raising the transfer rate from 6% to 8%. So I think people saw my comments in the newspaper about I just think that's just really
piling on customers in a situation where our rates by 2030 are going to be so much higher than the county's rates. it's going to be it's not even going to be uh fun. So, that's the only other thing I would add. So, >> thank you. And the only thing I'd add is that there are county residents that are
going to be paying those high rates, too, because the county um has a saw fit to enter a 30-year franchise agreement with the city of Duro Beach. And um a couple of people um in this room actually live down that way. So, um
it's don't don't say we didn't say I told you so 5 years ago, but we we kind of saw this happening. So, um, again, frustrating. We have limited ability to change to change this locally, but, uh, legislatively, let's hope. So, let's
1451 goes a long way. Um, for me, uh, I was at the Treasure Coast Council of Local Governments. Um, we had our normal our normal business meeting. We're going to be doing a scholarship uh scholarship
for uh local Treasure Coast area uh students uh with a with a bias towards public safety. So uh if public safety and emergency services if uh students are in need, the uh TCCG will will provide funds for whatever purpose
doesn't just have to go to tuition. Uh students nowadays need computers. They need gas money. They need they need things to get to and from. So, um we're proud of that. Uh I I did not leave the room quickly enough. I was appointed to
the audit committee. So, um this is three years running. I'm not sure what I'm doing wrong in these meetings, but uh uh I will I'm happy to tell you that these these councils run a pretty tight ship when they're using your taxpayer money to send us to these things. Uh there was a presentation by a group
called the Florida Cattleman's Association. Um, and it was pretty eye opening. Uh, Florida has one of the largest uh largest cattle industries in in the country. You wouldn't think that, but but they do. Uh, I didn't write down
where we rank, but we we are above some states where you would think that, well, clearly they've got to have more cattle there. Uh, there was a discussion about the multiple ecosystem benefits from grazing. Um, another another benefit is that um, uh,
it encourages easement programs as we develop the cattleman industry, cattle industry in the state of Florida. Um, there's a there's a a preference for uh, particularly generational farmers uh, who don't want to continue to run family
farms. They would like to sell it to developers, which you know folks are not all that crazy about in some areas to provide easements to adj to adjacent farms. get a tax benefit or get some compensation for that. Um, there was a a strong recommendation that we tell the
public, you know, you don't you don't have to stay on the beach to do fun things. There's a a place called Buck Island Ranch and it's a tour of an actual working cattle ranch in Florida. So, if you have those relatives that come every year and you've run out of things to do with them and you don't
want to go to Disney again, consider Buck Island Ranch. Um, that's it. We have our meeting next week and uh I'll pass it along to uh the vice mayor for any additional meetings he's attended. >> Uh Councilman Carol, >> nothing too.
>> Okay, we're entering the summer where um these meetings kind of dissipate. We are now at the call for the audience. So this is the time for members of the audience to come up. uh you can speak on a topic for 3 minutes if anybody wishes to come up and talk about something or
Nope. Okay. All right. Well, thank you very much. Um stay safe everyone. We will see you at our June meeting and thank you for your attention. Today we are adjourned.