meeting to order. It's the regular town council meeting uh this Thursday, November 20, 2025, the town of Indian River Shores. Uh welcome everyone. If you've not signed in, um you can sign in on the way out. We trust you. So, uh I know you're all
here to weigh in on the uh leave for policy for full-time employees based upon the feedback we've gotten. We'll uh we'll look forward to hearing your comments. Um we we always start with the invocation from Councilman Carol. So Councilman Carol, if you could
please start with that. We're thankful for this town and its residents. We're grateful for all who work for the betterment of our community and all who serve on its behalf. Let 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. Thank you. And let's keep in our thoughts and prayers Councilman Dean who is still struggling with an illness. Uh we will now take the pledge of allegiance. If you'll join us, please. I pledge algiance to the flag of the United States of America and to the
republic for which it stands. One nation under God, indivisible, with liberty and justice for all. >> All right. Thank you. If everyone can please silence their cell phones um or turn them off, that would be greatly appreciated.
>> Mayor Foley. >> Uh yes, if you can call the role, please. >> Mayor Foley >> here. >> Vice Mayor Atwater >> here. Council member Carol >> here. >> Council member Alieri >> here. >> Let the record show all members are present with the exception of council member Dne. >> All right.
p.m. and that's not changing. Uh, accessing the beach after 9:00 p.m. and before 6:00 p.m. has been a violation of the ordinance for 60 years. So, this is not the same sleepy little town that it was 20 or even 10 years ago.
uh incidents are getting closer to our adelick town and we've had numerous complaints. Town manager will be going into that in greater detail at uh the portion of the agenda where he's going to address what the project entails and hopefully allay any aesthetic concerns that people may have. Uh the complaints
don't and are not just limited to shark fishermen using the access. Safety and security are the paramount concerns in in our town for us in this town council. uh the folks that are complaining about accessing the beach late at night, and I
I know I know you got used to doing something, but you're you're essentially asking us to repeal a 60-year-old ordinance that restricts access from 9:00 p.m. to 6:00 a.m. Um allowing beach to the p public access
to the beach 24/7 is a terrible idea. And let me explain why. A lot of folks talked to me and they were under the misimpression that we can restrict access to town residents or even people that live within the proximity of that. That's not true. Public access means
public access by anybody. Anybody lawfully, and it was pointed out by my town attorney, anybody unlawfully, unless they're caught in the United States, can access the public beach uh if we don't have this ordinance in place. This is not an unusual ordinance. the, you know, the public access for all
the area beaches are uh are in place. Likewise, there's security measures at all the other public accesses in town, including uh Pebble Bay, close to where I live uh all the way up and down A1A. So, our public safety department is also
fully behind this measure, and there'll be more about that to come when the town manager speaks. So, um, in my mind, weighing the safety of residents against the inability of some residents to access the beach after 9:00 p.m.
occasionally, it's it's not a close call. U, it's not a close call in my mind. We we have the greater safety of the community. And that's not just that's not just restricting access to the beach after 9:00 p.m. and before 6:00 a.m. It's also restricting access from the beach to
town. We've had increasing incidents up and down the coast. You may have res read about them. Uh most recent one I think was in Port St. Lucy where a boatload of people got out and ran into town. So um there's that to keep in mind
as well. So for reason to explain to be explained in further detail by our town manager about the details of this um including the aesthetics which will hopefully allay the concerns of some of some of the folks that were worried about that. Um, you know, you're welcome
to express your opinion. Um, and we look forward to hearing your comments. You can you can speak now since it is technically on the agenda item. Um, or you can wait until after the town manager gives his report if you if you prefer to hear what he has to say uh
before making your comments. And that's at the end of the meeting at the call to the audience, but we can't have you speak twice just for the flow of the meeting. Now, I understand Mr. Naylor wants to speak on behalf of a group of people and wants 3 minutes and 28 seconds. So, you want 28 seconds added
to your time? >> Yes, sir. >> Okay. Uh, no problem with the 28 seconds. If we start to get to 30 seconds, we may cut you off. So, um, but anyway, how many people do intend to speak today? Okay, that's fine. Um, I assure you we
read very carefully. Uh, I know my council people. Ironically, we're not allowed to talk to each other because of something called the sunshine law outside the context of a public meeting, but I've worked with these folks well enough to know that we read carefully through uh all the materials that you forwarded to us and um we we took them
into consideration. So, if you're if you're going to just reiterate what was already in the papers, as they say in a court of law, um that's fine. You can just say I I reiterate what's in there. If you have anything else to say, by all means, approach the podium. Uh, please state your name, where you live. Um, if
you don't like giving your specific address, that's okay. Just your your street address or or community. And again, keep your remarks. I know I don't have to remind you to keep them civil because that's the kind of town we live in. Uh, but keep them under the three minute mark. So, with that, who wants to
approach first? Mr. Naylor, please. Good morning. Uh my name is Gordon Naylor. Uh my wife Amarie and I uh own a house on Beach Comr Lane. Uh I would like to present on behalf of the local residents, some of whom are here today.
Uh our position on the proposed restrictions to the Beach Comr Lane access. Now I understand, Mr. Mayor, from what you just said, this is no longer proposed. It sounds like it's all a done deal, but I'm going to talk anyway. Uh the existing crossover was establish established in 57 as we know.
You mentioned that. And after 68 years, the town proposes to gate both the stair structure and the the uh the dune walkover and lock them nightly. Uh you mentioned that it's been the ordinance has been placed for 60 years. I think it's been in place for 22 years, but I
may be I may be incorrect. Um, if this plan to to walk to lock both these walk the walkover and uh stair structure is an attempt to address the complaints about illegal fishing and others, we believe it's shortsighted. I want to focus on three impacts that will have on
the community. Number one is the burden on city staff and resources. Number two is the impact on the public enjoyment of our facility. And number three is the consequences for our historic landscape. So number one, what might the new gates mean for the town? Uh once the gates are
installed and locked, we can predict that inevitably town staff who might be engaged in more important public safety matters will be unavailable to open the gates some mornings. So what happens? People will trespass, climb the gates, or they'll come down here and complain to you that
the gates weren't open when they're supposed to be. We can also predict that the gates will be damaged in the next beach replenishment project by all the construction equipment. So then what do you do? you're going to be forced to rebuild bigger, better, higher, stronger. Maybe you'll throw some gates, there's some fences out to the end to
stop the walkarounds. This is a slippery slope and this is what concerns me personally. Now, what about the gates impact on public enjoyment? Consider what we now have. The beach comr access is unique. We've got this beautiful stair walk over, but we've got this uh this dune
walkover, which is critical to us. It's critically important. It provides access to your public safety vehicles, which we know you need. It provides an entry point for construction equipment, fundamental, but it also it also provides access that stairs do not offer
for people who want to bring their equipment down to the shore for young children, for old people, for pets, for people in wheelchairs. Watching rocket launches at night has become a very popular local activity. I don't want you to forget about that. And
finally, what about the streetscape, our natural environment? In my opinion, historical preservation is lacking in Florida. Now, the beach comr lane access remains today exactly as it did 70 years ago. It personifies old Florida, a lot
like our old house on Beach Comr. This history deserves respect. You know, if we install lockable gates, what does that say about our community values and our trust in one another to respectfully use this beautiful access that we've got?
I ask you to leave our public beach access alone. Let's let's not burden our public safety personnel with non-emergency responsibilities. Let's not restrict anyone's use of our spectacular beach. Let's appreciate the simple facility that we've got because once it's gated,
it's gone forever. If we determine as a town that occasional violations require attention, let's work together to devise a means of discouraging the unwanted behavior without impacting the peaceful enjoyment of all the taxpayer residents.
Let's uh let's continue enjoying our our welcoming historic and accessible beach. Thank you. >> Thank you. >> Thank you very much. Um most most of your uh comments will be addressed by
the town manager, particularly the staff resources. Um and um you know, our our staff is pretty diligent. So, you know, unless there's fairly significant uh u disruption, I I don't think you're ever going to have a problem with the gates not being open. We've not seen that
anywhere else. And uh we already do have, you know, gated access and the rest of the access in the town. So, um but we'll we'll we'll be dealing with that. Who's next? Who would like to come next? Yes, sir. >> I'm going to read a letter only because the the letter is from an individual
can't be here. He's unable to physically. >> All right. What's your name? >> My name is Brian Hagerty and I live on 946 Beach Cover Lane. >> Fine. >> Uh the letter is from Cornelius Aen.
He's across the street from me. I live at 945 Beach Colmer Lane, Indian River Shores. I'm not able because of multiple health issues do go up and down the to go up and down the stairs that are installed
at the end of the street because they are way too step >> steep. >> Yeah, you wrote step and my legs do not bend sufficiently to allow me to use the steps. >> Thank you. >> He can't use the stairs. Yeah, >> he uses the walkway of the dune on the
side where they drive the carts. His his request is that he still be able to do that. Otherwise, he can't go to the beach. And I know he enjoys doing it, but he's unable to do it if it's closed off and he can't use it on that side where they drive the carts.
>> Thank you. Um, we received his letter. Uh after receiving it, I I talked to our town attorney and our town manager uh to make sure that we review handicap access to the beach and okay that we're in compliance with everything. So uh his his his point was a little different than the point that some other folks
were were making, but u you know I I read it and absorbed it. So >> uh we'll we'll be getting back to him on that individually. Thank you. >> Uh anybody else? >> Good morning. I'm Johanna Jones. I live at 916 Beach, Comr Lane. Um, my concern,
I was going to say something different, but hearing what I've heard so far and the fact that this is kind of a shut and closed deal. Um, my concern also is the beauty of the street and that the se, you know, we're going to have to take a lot of pictures of it is not as it is
now because it's not going to look the same. And secondly, six o'clock in the morning in the summer, that's post sunrise. You know, a lot of us get up and do the sunrise walk. So, think about that. And like I'm also concerned about the unlocking of the gate being late.
Yeah, definitely people are going to walk around to the next street over or they're going to cut over people's yards and go down the dunes. They will do that, but you know, I don't know what else to say. It's it's at least make it a little looser if you're going to do it. Thank you.
>> All right. Thank you for your comment. >> Yes, ma'am. You wanted to Hi. Um, my name is Megan Wat. I live at 109 Park Shores Circle. I have an anxiety disorder, so this is hard for me to do, so bear with me. >> Take your time. Everybody gets nervous,
so don't worry. >> Um, I love this community so much. I'm a writer. I walk to the beach um throughout the day and often in the evenings. It's a very important part of
why I invested in my condo. Um, it was also a very key point in selling my condo for the amount that it was in Park Shores was this access, beautiful access w which will not look the same with a
gate and will not have the same sort of accessibility throughout the day, the night. Um, it was an absolutely a selling point for me in investing in a place. And when I heard the amount
that's being spent to invest into the gate of our tax money was deeply disturbing. And then also the upkeep of it. Um, the idea that you're going to somehow keep out unwanted people with
this idea of a gate. I mean it people will go around it. It it doesn't make sense to me that this is going to it's I understand it's an idea but the the way it's going to mar the the beauty of what
I invested in why I moved here the community that's here that loves access to the beach in the way that we have it now. It's going to decrease the property value in this area to have a gate. That's what I believe and I know and I
personally wouldn't have found this area to have the same feeling that it does if there was a gate there. And you know, it's upsetting that this isn't
um something that's more considered. Um >> All right. Thank Thank you for your comments. Um your your time is up. Uh just for the point we UM yeah and you know we we probably have been talking about beachcommer
uh many of the complaints were by people who lived on beach columbr for every year I've been on the council and um that's seven years. So we talked about it at numerous meetings um and as I said it was unanimously approved several meetings ago. All right. Is there
anybody else that would like to make a comment? Yes, sir. >> My name is John Traniano and I live in the park shores and it's more of a question as opposed to a comment. I mean, I've heard the amount that is being spent on this fence, something in
the range of $50,000. I'm thinking with the age of technology that we have, is a camera even considered? I mean, cameras are everywhere now. I mean, I think that would probably be less cost and you could monitor that with the police
driving back and forth all the time. So, it's just a question I wanted to bring up. If you have an answer or not, I don't know. So, it it it's an excellent question. Um, and I'm going to allow that to go through me to the town manager. I I will tell you that uh when
I brought the concept up 5 years ago of a camera down there, everybody hated it. uh residents don't like being monitored. So um you know the the notion that this is this is expensive is going to be addressed by our town manager because if you think about staff time and the
diversion of patrol particularly at night to address uh to address the issues um it's a one-time expense. Yeah, there can be a hurricane but that can happen with any barricade. It's going to look a lot better than stacked up plastic barricades that would have to be
put down nightly and daily. So, um, if you have some patience and you stay and wait, you know, to hear, maybe the aesthetic concerns will be concluded. I've not ruled out a camera. Um, I think I'm I'm a fan of them. Not everybody is. They they consider them a big big violation of privacy. But, uh, Mr.
Harping, do you want to address that when when you get to your report? Would you like to address that now? >> I'll defer to you, Mr. Mayor. I can do that collectively in the report. How many want to stay for the next hour and a half to hear this answer as opposed to
now? Um, you want to hear it now? Okay. >> Uh, so on the cost, the cost is just an allocated cost. It has uh it's it's an engineering and drawing. It's not even been put out for bid yet. So that amount itself was originally allocated for some
other purposes at a town lot relative to some enhancements at the town lot for us operationally. Uh however, because we were able to resolve that issue without uh any cost to the town, uh we simply reallocated that already purposed money to this project. Um I don't know exactly
what it will cost because it hasn't been placed out to bid yet. Um as to the cameras, um like you, Mr. Mayor, I've heard uh both sides of the story as to cameras. But um in brief, the reality of it is is we can place cameras there. That will be fine. And that will alert
our public safety officers to come down and site people for trespass based on the ordinance that was passed in 1978 that says that that location is closed from 9:00 p.m. to 6:00 a.m. >> All right. Uh thank you very much for
that. So um is there anybody else that wants to comment? No one else. Okay. Hi, I'm Anmarie Naylor. I'm also on Beach Cumberlain Cord's wife. We bought our house
specifically because it was not in a gated community because there were no gates to keep the bad people out. We are not the bad people and I don't think there are that many bad people out there. There may be. My question to you is if you're going to be putting gates
on our beach, what about the river? Are you going to start putting gates on the river access? Because there are a lot of people that can access private homes through the river. >> Um ma'am, this is an issue about public access, not private access. So there's >> Well, the river is not private, is it?
>> There is no public access by the town on the river. >> How about on some of the areas where people can take their um kayaks? There is no public access on the river. It's all private, >> is it? >> Yeah.
>> Well, that's interesting. I was not aware of that. Thank you for clarifying. I think I can agree though that most of the people here purchase their properties with the intent of keeping it
open and respectful of each other and of most people. There are always going to be bad people out there. And that's why we're so thankful that we do have staff that can monitor them. We just now feel like
we're one of them. We're being treated like one of them. And that's just not I don't think the essence of why we've chosen to live in Indian River Shores and not negated community. >> All right. Thank you very much. Um is there anybody else?
Good morning. Uh, my name is Mark Margodana. I live at 926 Beach Commer Lane. I wrote a very nice, pleasant salilo saliloquy of what I was going to say today, but that's kind of gotten
thrown out the window. When was the vote taken? Yeah. >> Um I believe it was the July meeting was the approval of the project >> and nobody done >> we were out of town. >> Folks, public public notice is given to
every meeting and every agenda item. We've been talking about this for years. So I'm I'm sorry you weren't paying attention, but that's that's the case. And I do want to point out also that if if I added up all the petitions, even the ones that were sent twice and double counted, it represents less than 1%
of the population of the town. And you'd be very surprised what your neighbors that that live in the town have to say about opening public access. They're they're not of the same opinion that you are. So, I just want you to know that. >> Well, I just >> But anyway, proceed. We'll give you
three minutes and then we're going to move on. I'm born and raised in Elizabeth, New Jersey. Okay. It's a tough town. A lot of rough people. If you think those gates are going to stop somebody from coming down our street from the
beach, you're mistaken. So, basically, all you're doing is prohibiting us. You're punishing us. And you you you guys have made a bad decision. Totally. I'd like to know
whose idea it was to do this. You said it's been under review for years. Whose idea was it? >> You can continue. >> You're not going to tell me that >> it was a decision made by council consultation staff over a number of
years. >> Well, it's a rotten decision, let me tell you. Now, I was going to start this I was going to start this thing off with how much respect I have for all of you. And I do because you give up your time, take time away from your family meetings. I get it. But this is a this
is a wrong move 100%. >> All right. Thank you for your thank you for your comments. All right. Anybody else? All right. Thank you everyone for your comments and for being respectful. Uh respectful minds can disagree. And with that, we're going to move on to the
consent agenda as amended. Is there a motion to approve the consent agenda? Second. >> Roll call vote, please. >> Mayor Foley, >> I. >> Vice Mayor Alwater, >> I. >> Council member Carroll, >> I. >> Council member Alieri. >> Let the record show. The motion passed unanimously.
>> All right. Mayor's report. I'm going to truncate the mayor's report uh due to the length of the comments. Our utility legislation is as follows. We're continuing to work with uh our legal council and um taxpayer associations at
the state and local level to ensure that any tax reform does not include or rather does include uh reform to ensure that utility legislation isn't isn't massively in um uh utility rates aren't massively increased. Uh hang on a second. I'm just going to wait till the
room clears a bit. All right. Um, so we have on the books scheduled an additional meeting with uh state representatives and we'll give you more about that to come. On real property tax reform, there's nothing more to report. The legislative session
starts on January 13th. Um, as far as I know and the information is accurate as of two days ago, uh, all of the proposals are still on the table. Um, yes, many are inconsistent. Yes, many don't make sense.
you know, when they when they legislate, they say you start out to make a horse and you wind up with a three-back camel. So, I I think we're just going to have to follow this as we can. Uh we did do some back of the envelope calculations determining, you know, what the effect
would be on the town. uh based upon the the scenarios where we could really make an educated guess of um of some we just can't tell like you don't know how many people are going to get married or not get married uh who's going to move in and who's going to move out. So um again
I'm not ready to panic on this issue yet. I think that hopefully cooler heads will prevail. Uh we're likely going to see a proposal by the governor as well that will also be um I'm told streamlined and um and more comprehensive. So there we have it with
that. Um any ideas from council that they want to run by me or ask me questions, I'm happy to uh happy to respond. If not, we can move on to council member items. No items from council. All right. Discussion with possible or probable action. We have item A, adoption of
ordinance number 584. That's amendment to section 165.16. It's second reading. Mr. Town attorney, will you do the honors, please? >> Thank you, Mr. Mayor. This is ordinance number 584, an ordinance of the town of Indian River Shores, Florida, a municipal corporation, amending section
165.16, building and structures C, Florida building code technical amendments per one. providing for a business impact estimate, providing for severability, providing for codification, providing for conflicts, providing for scrier errors, and providing for an effective date. This is the second reading.
>> Is there any discussion on the second reading? If there isn't, a motion to approve, please move. >> Second. >> All right. Seconded by Mr. Alieri. Uh, roll call vote. >> Mayor Foley. >> I. >> Vice Mayor Awart. >> I. >> Council member Carroll. >> I. >> Council member Alieri.
>> Hi. Let the mo let the record show the motion pass unanimously. >> All right. Item 8B, adoption of ordinance number 585 168.01F, minor modification, approved site plan, first reading. Uh Mr. Harpin, can you
just give a or rather Mr. uh Sweeney, either one of you just give an overview of what this is about? >> Uh yes, Mr. Mayor, uh, councel, uh, our ordinance relative to site plan approvals and modifications, uh, we're seeking to amend it, uh, in consultation with, um, uh, Mr. Held, our building
official, and looking at some practical, um, issues with the, uh, language as it exists now. Uh, we seek to amend it to, uh, to streamline some of the process to afford the opportunity for those uh, items that are going to be specifically lifted under uh, F uh, 1 through six.
We've added six. So, uh, minor site plan modifications under those particular articulated scenarios, some of which are already in the ordinance and some of which we're just clarifying and amending, uh, can all be done without the, uh, time constraints or burden, uh, on, uh, residents of, uh, PZV approval
and then and then town council approval. >> All right. Thank you. And I just note that I remember I think it was 5 years ago. We had a uh an issue where this came up where an applicant asked for a minor modification um to put in an elevator because he was
handicapped and we had to go through uh an entire council process that you know then brought it all up. So uh this hopefully uh plugs a a loophole in that that will u streamline the process. So uh is there any discussion on this?
Okay. I'm sorry. Please read the uh read the magic language. >> Yes, sir. Mr. Mayor, this is ordinance number 585, an ordinance of the town of Indian Resorts, Florida Municipal Corporation, amending section 168.01, site plan development process per F, minor modification of approved site plans 1 through six, providing for a
business impact estimate, providing for severability, providing for codification, providing for conflicts, providing for script reserves, and providing for an effective date. This is the first reading. Thank you. >> All right. Is there any discussion? If not, is there a motion to approve? >> So move. Second. >> All right. A motion by Councilman
Carroll, seconded by the vice mayor. Roll call vote, please. >> Mayor Foley. >> I. >> Vice Mayor Outward. >> Hi. >> Council member Carroll. >> I. >> Council member Alieri. >> Hi. >> Let the record show. The motion passed unanimously. >> Okay. Item 8 C, adoption of ordinance number 586, the certified recovery
residence procedures. Uh, this is a first reading. Um, Mr. Sweeney, if you can give an overview of that. I believe this is to put us in compliance with a recently enacted state statute. >> Yes, Mr. Mayor, that's correct. This is required pursuant to Florida Legislative
Senate Bill 954, which amended Florida statute section 397.487 print 15 uh required all municipalities to adopt these types of procedures. And so this is in conformance with that uh legislative dictate from the state of Florida.
>> All right. Thank you very much. Um, is there a motion to approve? >> So, m Mr. Mayor, mayor, >> sorry. Yes, please read the language. >> Yes, sir. Mr. Mayor, uh, council, this is ordinance number 586, an ordinance of the town of Indian Resource, Florida, a municipal corporation, amending the town code of ordinances at chapter 161,
section 161.14, supplemental regulations to include reasonable accommodation requests and housing, including such requests from certified recovery residences as required by Florida statute section 397.487, 487 providing that each and every other section and subsection of chapter 1 supplemental regulation
turned off on me. I apologize. Uh zoning shall remain in force and effect as previously adopted. Providing for a business impact estimate, providing for severability, providing for codification, providing for conflicts, providing for scriptor errors, and providing for an effective date. This is the first reading. Thank you. >> Thank you.
>> May I ask one question? >> Absolutely. >> Uh one question to town attorney. In terms of language that's in here, is this pretty much standardized language all across the state of Florida? >> Yes, although there's no actually prescribed, but yes, this is in conformance with the general accepted language.
>> Okay. Thank you, >> Mr. Sweeney. Can you just brief me on a little bit on exactly what a certified recovery residence is? >> Uh yes, sir. uh mayor, council, um under Florida statute, uh there's a generally accepted provision um for a recovery
residence uh that would allow individuals that are recognized under the American with Disabilities Act um suffering from any any of those types um to be able to live in a certified recovery residence, which is a
residential house. Um, it is supervised, governed by, and certified by the state of Florida with very tight prescriptions that we as a town have no ability to modify, including prohibitions on drugs, certification, hours of operation,
certification of the individuals working there. Um, but generally speaking, that's a whole subset at Florida. And because of the different areas of the state have adopted different zoning regulations or made it maybe more or less difficult, I'm not sure. Uh the
state legislative body said this will be a uniform approach and no matter where you are, you have to essentially have these procedures in place for somebody to apply. >> So is a certified recovery residence something that is that addresses
physical disabilities as opposed to other disabilities? Um I I I will mention this is not a medical facility. So there are no uh you know nurses or doctors, medical professionals. There's no, as I understand reading the statute,
there's no prescriptions, drugs or alcohol allowed. It it's truly more of a um residence for somebody to be. Uh I I think maybe people have referred to them as detox residences in the past. Um I think that's no longer considered
appropriate. I think the state has put in many certifications to to tighten that up. >> Yeah, I was also cautioned on not referring to them as halfway houses as well, but um basically that's how we know them in common party. So >> I I don't think um this is one of those
unfunded manate mandates, Councilman Alter. don't think this community is going to have uh you never say never, but I don't think we're going to have a um pretty much because we're all built out, we're not going to have a a spade of these types of facilities popping up, but we have to we have to do it in order
to be in compliance to the statute. >> Fair? >> Yes, sir. That's all completely accurate. >> All right. Any other discussion? All good questions. Is there a motion to approve? >> So move. Second. >> All right. All right. A motion by Councilman Carroll, seconded by the vice
mayor. Roll call vote, please. >> Mayor Foley, >> I. >> Vice Mayor Atwater, >> I. >> Council member Carroll, >> I. >> Council member Alieri. >> Hi. >> Let the record show. The motion passed unanimously. >> Thank you. We're moving on to item 8D,
the town manager annual performance evaluation and salary review. Um, we we modified this a few years ago. Again, different composition of council, but um I think the consensus was that we had a a procedure that was more appropriate
for kind of a middle manager at a bank or something like that. And so we we decided we would give our uh detailed comments to the town manager uh individually since we can't do it outside the context of a public meeting uh but that we would give a a summary
overview of um Mr. Harting's performance each year. And uh without objection, I'm happy to kick it off and then um and then start. Um all right. Uh I'll I'll note that um um in anticipation of this
uh given your usual thoroughess, you prepared a fairly detailed list of the accomplishments. >> Um and you know, I agree with all of them, but you left a couple off. Um, and there are the things that, uh, those of us who who work with you and meet with you on on a regular basis during the
week, and I know I meet with you probably more than you would like. Um, but, um, you know, you you um, you have a you have a skill that that doesn't really translate well to a piece of paper, and that's motivating staff. Um, you you strike a great balance, and uh,
motivating staff, uh, correcting them when, uh, on the odd occasion when they're off off guard a bit. um and encouraging them to uh as the army used to say, be the best that they can be. So, um I don't I don't recall a time on
council where I've seen um the staff functioning at as high a level as they have now. Now, I always say this, but it's true. Uh when you achieve these levels, the difficulty is you've got to exceed them the next year. So, um you're you're going to have a tough road to hoe
uh again next year in order in order to exceed this. um among the you know we could talk about the accomplishments that are already in your uh your performance packet that you gave us such as you know the collective bargaining agreement which was done I think fairly
seamlessly. Um but you know in addition to that you know we had a collective bargaining agreement where in order to keep our our public safety officers pay competitive and make sure we we retained and recruited the right people we had to
give you know a fairly substantial hike in comparison to prior years. So after we kind of settled on that and with with the uncertainty about property tax rates, you know, appreciated rates ranging anywhere in our scenarios from zero to 5% I think. Um I said I'd like
you to go back and figure out how to how to cut the mill rate. Well, after the shock look on your face, um you told me if you think I look bad, wait, do you see how Heather's going to react? So um but you guys found a way to do it and you know you're you're to be commended
for that. So there's no job too big, no job too small. Um, and I think that you you attend to all of them with the same same degree of diligence. Um, and then I'm going to challenge you because that's what they tell us at all these conferences elected officials go to to
do. We're supposed to challenge you. So on this fiscal in this next fiscal year, you know, for whoever is sitting in this chair and on this day is um the target should be in conjunction with the town treasur to try to find 5% of the budget
that isn't really needed and and and cut that out and do that every year. Um now the good news for that is that you have 11 and a half months to think about it. Um, but other than that, with that challenge issued to you, I would just say please keep up the good work. And,
uh, if there's anything I council can do to help you in any of these endeavors, I know you won't hesitate to tell us. Um, you gave different scenarios for, um, salary proposals, um, running from the low end to the high end. I appreciate the fact that you didn't play the game where, you know,
you put the number that you really deserve somewhere in the middle and had a high number that you knew we'd never give you. Um, so the 7% um level, which was which was the high level, still has you under the median of, you know, comparable town managers.
My understanding is that the 7% is also going to be um what most of the staff are getting as an increase. Is that correct? with with some notable exception, not notable exceptions, with some exceptions uh for obvious reasons. So, that would be my my recommendation.
Uh with that, I'll I'll turn it over to uh Councilman Carol and we'll move up this way in the days. >> Thank you, Mr. Mayor. uh given the fact that this is uh more than likely u uh the last time I'll have
the opportunity to formally review the town manager. I'd like to take a step back in time, April of 2021, when uh town council was uh charged with the
responsibility of selecting a new town manager. And I'd like to read to you uh today what I um uh spoke about at that meeting. So bear with me, please.
Let me begin by thanking Joe Griffin for leading the search for this his successor. Also, I would like to thank Heather for coordinating council's meetings with the four candidates last Saturday. Lastly, thank you, mayor, for calling this special meeting so quickly
after council's Saturday meetings. My approach to analyzing the four candidates was to ask myself three questions. Can he do the job? Will he do the job? And how will he fit in? During my four
interviews and taking into consideration the written material supplied by each candidate, I attempted to discern which one had the best combination of skill, motivation, and likability. My initial conclusion Saturday afternoon
after completing all four interviews was Jim Harpering should be Indian River Shores next town manager. After spending several hours Sunday and today rereading each candidate's written material, reviewing my interview notes, reviewing
and reflecting on who had the best combination of skill, motivation, and likability, I believe my initial conclusion was correct. Jim Harpering is the best man for the job. Jim's educational background, including
a BA, JD, and state law enforcement certification, is excellent. His professional experience starting out in the private sector and segueing to the public sector is admirable. His adjunct instructor positions at Indian River
State College and Nova Southeastern University demonstrate a desire to transfer the knowledge he has gleaned to the next generation. His local volunteer activities speak well of his desire to make an important
contribution to the community. His family has had a presence on the barrier island for decades and he is intimately familiar with the town. His wife heads the development department at St. Helen School and his children are locally educated. His knowledge of and
acquaintance with the private and public service sector of the city of Vero Beach and Indian River County is exemplary. His professional experience, management capabilities, and leadership knowhow will allow for a quick and smooth
transition. His ability to communicate both orally and written with the written word will be wellreceived by council staff, public safety officers, and town residents. Finally, and this is extremely important, I believe Jim wants
to be the town manager of Indian River Shores more than any of the other councils candidates. I think council should offer him the job. We did. We have benefited extraordinarily from his
presence, from his leadership, and I'm glad to say that we made the decision we did back in April of 21. Uh Jim, congratulations, and u I've only got 10 months to go, but I look forward to the next 10 months of working with you as we
have worked together for the last four years. >> As for salary, um I I think that um um
I I think that um it just goes it's it's another feather in in in Jim's cap u that um the proposed salary increase is in line with uh what most if not all
other uh employees are receiving. and I commend you for that uh gesture as well. >> Thank you, Councilman Carol, Mr. Vice Mayor. >> So, what you see in front of you is the
the discussion I had with uh the mayor, the review I given, which is very similar to what I did in the in the in the previous year. And uh I'm not going to go through all of them, but uh basically what I do is review the mayor
uh excuse me, the mayor. Sorry, the town manager. Pardon me. Uh in relations with council. >> Oh boy, I wouldn't want you reviewing me. >> Yeah, well you got that right. Uh uh sorry, the town manager. Let me get that straight. on relations with council, fiscal management, personnel uh
management, managing the organization, relations with the public and relations with the with the government. And on and I do it on a scale of one does not meet expectations, three meets expectations, five exceeds expectations. Almost every
single one I uh gave him a a five. I'll reiterate some of the comments that uh the gentleman to the either side of me uh made, you know, in terms of running the the team. He he has a great team. He motivates them. Uh he got lucky and
having Heather here uh before uh he he showed up, but he he he has a has a great staff. They really care about their job, about the citizens. in terms of fiscal management, be able to provide an 18%
uh increase in uh public safety salaries the first year because we had to do it because we were losing people down to Palm Beach County. We were we were acting as a potentially as a training school and losing uh people who are triple trained people that if if uh 911
calls will show up at your house or my house uh you know when we're laying on the floor having a heart attack or a stroke the people we have to keep that was done in spite of that we cut the property tax millage rate uh approximately four four uh 4%. as I
noted a rarity in this geographical area and a big win for the taxpayers. I mean if you if you look over the years starting from 2019 how much we we've cut the property millage rate it's over 25%. So as I mentioned the personnel team is doing well managing the the operation
has been great. Uh what I really noted was that uh code enfor uh code enforcement's performance is is uh really uh stepped up and makes the town uh uh better for its uh its citizens rep
relations with the public are are are good and relations with with uh other governments are excellent. I mean, we got the the uh trash contract done by piggybacking with the county saved the I may be incorrect on this. My
recollection is about $3 to $350 a year compared to uh with Republic Services. That's money to the bottom line. Now, the uh mayor has challenged you to uh cut uh taxes uh the military in the coming year. And I think a good way to
start that is by not taking a salary increase for the coming year. But uh be that as it may, uh I'm in in agreement with the 7% uh increase. So >> thank you very much uh Mr. Vice Mayor. And uh let me let me add one thing.
Pardon me, Councilman Alteri. Um our bang for the buck. It's something uh Sam Carroll, Councilman Carol said. U you're a lawyer and you have a public safety background. So, uh, we we kind of get used to the fact that you keep us you keep us safe and in line, but, uh, you do. So, a lot of bang for the buck for
you as well, but I'm not going above 7%. So, uh, we'll we'll turn it over to Councilman Alter now. >> Uh, in baseball, hitting cleanup's a good thing. Being on a deis, I' I'd prefer to lead off.
Um, I have a different system. I I I am in in the offices of town manager at least once a week. Um because they give out free candy and and I like Janice and Lucy a lot. Um Jim and I have spent a lot of time uh
over the last couple of weeks talking about the last year. Um I I've read his his accomplishments. There's a document with a list of his accomplishments. I didn't have to read it. I lived through it. I watch him closely, not because he needs my watching, just because I'm here
to try to learn and get better at what I do here. Um, we are blessed to have him as our town manager. Uh, he's an incredible asset to the town. Um, I endorse everything that Sam, Brian, and,
uh, and the vice mayor mentioned about Jim. Uh, he's done a tremendous job. It's it's been reflected in every single department in the town, every single employee. They all look up to him. They all u value their relationships with
him. I do. Um in in a nutshell, we are lucky to have him. Um most towns would be privileged to get him. Um so, and I endorse uh the mayor's point of view with respect to the salary. So, Jim, thank you very much for another great
year. Um, I'll I'll let you stop blushing now. Thanks. >> All right. So, I don't think I think we all we need is a consensus for the salary increase. And um you know, again, it's a testimony to you that as your team goes, so do you. So, um you want
you want to say you want to object to anything that was set up here. U sometimes the best thing to do is not say anything, but uh go ahead if you'd like. I just want to say uh thank you to all the council members and really just reflect um all the comments on uh our staff. Um all the good things around
here happen uh because we have a great staff and they do care about the residents uh and and this town and I'm just um very fortunate um and and thankful and I'm appreciative of all the comments uh with great sincerity. Thank you. >> All right. Thank you very much. Uh we
will now move on to um item 8E which is the 2026 council meeting dates and holiday schedule. Uh if you saw a prior version it was amended. I'll take responsibility for that uh confusion. Uh I mentioned a date that was wrong and in
particular it's the September date uh in order to consolidate meeting so we don't have to come twice for the budget meeting and then the council meeting we're going to do both on Tuesday September 22nd. So, I just want to make sure everybody's got that date cleared and if there's any discussion or
requests for changes now, uh, we can voice them now. You know, our tradition has been if something comes up during the during the year, we're usually pretty flexible in terms of with enough notice changing dates. So, >> does does this reflect uh Councilman
Carol, you wanted to change a date. Does that reflect? Okay. I could remember which one. >> Good point. Yeah, that was the February date, right? Yeah. Okay. >> All right. If there's no discussion, is there a motion to approve the meeting schedule? >> Second.
>> All right. Motion by Councilman Carroll, seconded by the vice mayor. >> Uh, all in favor? I. >> Any opposed? The eyes have it unanimously. Okay. Item 8F, the the moved agenda item. We have the appointment to the
Treasure Coast Regional Planning Council. By way of background, for residents who are still here and members of council, I believe it's every other year we have a voting delegate on the regional planning council. Is this our year to have >> This is our year to be the alternate.
>> We're the we're the alternate this year. So, you get to attend every meeting, but you don't get to vote. It's uh >> no no glory. Um, is there anybody who would like to be the uh Treasure Coast Regional Planning Council at Dele?
>> Yeah, I I I can take that one. >> All right. Um, I'm >> I just just one thing. My my policy has generally been unless there's something more specific to our our town is to not to go unless they need the the backup.
So, >> I understood. >> Yeah. because that I mean that's sort of the whole point of the of the of the alternate. I mean lots of times there's there's meetings where in for those of you that don't know Treasury Coach Region Planning Council goes all the way
down to uh Martin County well actually to Palm Beach County. So at times there's issues that are discussed that are just Germaine to Martin and Palm Beach County and it's a pretty long drive to get down there. So, as long as you're okay with that, then uh I would
be fine being yelling. >> I I'm fine with that. U the Treasure Coast Regional Planning Council is excellent in um the delegates saying who will be able to attend and who won't. So, the alternates can um I'll I'll be happy to be your alternate um because I think we
need an alternate as well in the event you can't attend. So, >> okay. Um, yeah, I mean it's uh I I agree with you um uh in terms of the travel and it was once uh I'm probably going to get in trouble for this, but the person who sat next to me at my first meeting
said, "Welcome to the commission without a mission." Um because not an awful lot goes on that uh actually gets uh gets adopted or translated into any real action. All right. So uh is there a motion to appoint Mr. our order and um
me as the alternate to Treasure Coast Regional Planning Council. >> So move. >> Is there a second? >> Second. >> Uh all in favor? >> Any opposed? The eyes have it unanimously. Staff updates 9A. Building official report and statistics. Is Mr. Held here or in the field?
>> Present. Ah. >> All right, Mr. Held. Thank you. Good morning everyone. I do not have anything further to add for uh last month's update. Are there any questions? >> Are there any questions or are we sufficient with the detailed report?
Good. >> All set. >> Great. >> Thank you very much. Keep up the good work. I know it's a busy time of year for you. >> Yes, sir. Thank you. >> Thank you. >> Uh item 9B, code enforcement report, Mr. Mike Rans.
>> Good morning. Other than what's listed on the report provided, I have no further updates. Do you have any questions? >> Just a question about signs. They seem to be picking up. I mean, you you list
six signs. My perception is higher than that. Your your count's pretty I'm sure is pro is probably right. But when you talk with these real estate firms, they just say, "Okay, so what? We'll
take you. We'll pick up our sign at the uh at the town offices." Does Are we having repeat offenders? >> Um haven't had a repeat offender in quite some time. Um I do send notices to them. They also pick up their signs. Um
they sign a written warning saying if you do it again, you're going to get fined. Um but as of >> okay >> few months probably long longer than that there has not been a repeat offender. >> Okay. Well, what is that fine?
>> Um discretion. >> I mean it could be up to 250. >> Okay. >> Per ordinance. >> We we correct me if I'm wrong, but we we've discussed uh before that we the three E enlighten, encourage, and force.
Right. So, I think it's I think it's appropriate. We don't want to come down with too heavy a hand, but >> agreed. >> You you know who the uh serial offenders are, right? So, it's it's also seasonal. Um I think Mr. Vice Mayor that you know, for some reason, Mosquito Joe always
pops up around October, November. So, uh so just be diligent. Thank you. It's what keeps our community the way it is. Yes, sir. >> Thanks, >> Mr. Mayor. Um if I may, just one thing while Inspector Mike Crance is up. Um Jake, you make a reference to the Knox boxes, and I don't know if everyone is familiar with that. Could you just give
a very brief explanation of what those are? Sure. >> Uh and the importance of those for public safety. >> Sure. So, the NOX boxes are installed on all commercial buildings, um including some residential. Uh it's just a quick box that the public safety has. It's a
master key to the town. Um, it's a box that just stores access keys to any door you want throughout the building. Um, including key fobs, codes, all kinds of stuff. Um, and public safety is the only
people um that have access to those boxes. >> Terrific. Thanks. That's something I think we should think about publicizing even further. And I do want to note that um uh Jake, it's very stious. We do these annual we do the reviews, the
checks, the follow-ups, and make sure that everybody uh everybody is in compliance. And I know that um uh had some individual comments or discussions with the vice mayor about this historically. And we're we're very much on top of that from a inspection and communication standpoint. >> All right. Terrific. Thank you. Anything
else? Mr. M from the Sorry. Uh public works department. Mr. So, Mr. Wils, Max Wiltius is our public works employee. Just want to give everybody a face and a name together. Um, Max's been doing great work for us in the field. In fact, we just had a meeting yesterday with some of our
friends from FD uh concerning a variety of issues for storm water and otherwise, and Max helps them in the field and does a lot of the uh literal and figurative uh heavy lifting. So, um we're we're grateful to have him do that work and we can answer any questions you have on the
report. Anything on this item? That was a pretty easy first time for you. They won't all they won't all be that they won't all be that easy. Okay. There going to be some questions. So, good job this time. All right. All
right. Um 9D town treasurer report. Um, I don't really have any more updates beyond what I've given you except I probably will not have a December uh a report in the December meeting just due to the timing and with the audit occurring that second week of December,
but I'm available for any questions that you might have. >> Any questions for the town treasurer? >> Uh, just really well a comment, a compliment. Uh thank you for the pension report getting that so uh quick and uh
for those that sit are still left here uh the pension sounds like a real mundane thing but it has quite an impact on the on the town uh budget. My fellow council members have heard me say in the
past from a financial uh perspective uh the town is really a pension management uh firm with a side business running a government. The uh the uh total general fund budgets roughly around $9 million. The pension has $21 million and swings
on that back and forth can uh you know require substantially additional contributions by the by the town tax uh payers and uh returns were this good year were were good this year. Um in
terms of uh funding 100 if you have 100% funding most states and municipalities across the entire country are not that close. I would say the average is probably in the high 80s
90 may even over optimistic. Our police and fire pension fund is funded 109%. our general employee fund 124%. And our our postemployment benefits plan essentially medical retirey plan is 164%
uh uh funded. So what that means is take the uh the uh benefits uh thing. That means most uh municipalities fund those benefits on a pay as you go basis. We haven't had to spend taxpayer money for years to fund
those retired benefits because we put the money away and the performance was very good primarily in the stock market to a limit degree in the in the bond market. The other ones are are pretty good. I just saw in the city of Chicago they were crowing that they might get up to about a 60% funded level. I mean I
think I would go crazy if uh that was the case. So I just think that that's something to point out that maybe flies on it's a little bit inside baseball but it does have a impact on on the taxpayer. So and so and you know thank you for for your efforts on that and the
and the reporting. I think that's great. I I just don't think you see these reports most other municipalities uh certainly uh as as as fast as what you do with them. This is the close of the fiscal year, but also earlier in the in
the fiscal year seeing these updates. So, it's important to watch. So, thank you. >> Echo all those compliments and thank you for keeping us out of the paper on some of the other is some of the issues other municipalities have. Um, Mr. Alter, anything or are we good?
>> We're going. All right. Thank you very much and good luck on the audit. >> Public safety department chief Good morning. Yeah, you always know when it's uh um the auditors are coming to town because Heather's uh personality
changes just a little bit. So, um but um it's all good. Um besides the information we provided on run activity and those types of things, um did want to bring you up to date on a couple of issues. Um first is the new engine should be here by the first of the year and placed in service. Um then that's
the one we approved um that the council approved uh two months ago I believe. Um we have a a new patrol vehicle um that the council approved uh recently also um and that has been received by us. We still have to put uh lights, radios,
markings, and those types of things. Be a minor color change um on it. Actually, it's a flip. Um the the we're going to a to a white vehicle with uh with blue striping instead of a blue dark blue uh
vehicle with white striping. Um and this truck's a little bit different because it does have ballistic panels inside the the driver and passenger side door panels. Um it's just additional issue for officer safety. Um let me see. We've had a change over in the entire radio
system and we went to an encrypted uh process. Um and what that does is just um it scramles the message so that if you don't have the encryption keys, you can't hear what's going on from like a scanner or something like that. So all law enforcement, all fire and all EMS
have trans transitioned over to that uh in the past month or so. Um all personnel have gone through the reertification of their basic life support and advanced life support training. Um, and all that went well and uh I I thought that the the last item
was going to outlive me and and my life expectancy here with the with the town, but the construction project is complete. Um, and um we we are happy about that. We're uh we're just tying up some some loose punch list things. Um, and uh, I've got one person assigned
direct that's on light duty that's assigned to that. And uh, so he's working with the contractor to finish those little punch list items up. And I'll be happy to answer any questions that you may have. >> Anything for Chief Stone? >> Just uh, one question on staffing. Are
we 100% staffed? Do we have any open positions at this point? >> I am 100% staffed right now today. >> Okay. the um >> as of 10:05 a.m. >> as of 10:05 today. Yes, sir. >> Okay. Thank you. >> Yes, sir. >> Mr. Mayor, just briefly, I'd just like
to note um if any of the council members uh would like to go through the public safety to see the renovation, it is demonstrable compared to what it was before in terms of how it looks and how it's laid out. Just please let us know. Give Janice a call, give the chief a call, myself. We'll we'll uh we'll have you over there and um and and take you
through. It's definitely good for our personnel. >> Uh thank you. Yeah, it was it was long overdue. It needed u needed improvements and I think our our certification was also in jeopardy as well, right, for secure evidence areas and things like that. So, you know, we we got a little bit behind on that.
>> Good. All right. Uh town attorney report. Mr. Sweeney, your big month's going to be in January. We know that when session comes back in, but uh do you have anything to report other than the items we've discussed? >> Uh Mr. Mayor, just to very quickly reiterate exactly what you just alluded to, session will be starting. I just
wanted to give a very quick uh update. Um bills are being pre-filed uh the last several weeks uh starting with the week of December um 6th, I'm sorry, uh excuse me, 8th uh will be the last week the bills will be
pre-filed and session will actually start on January 13th and will end March 13th. So again, much earlier than it was last year. This is the early legislative session year. So um I will be on top of it. I'm already following some as you've alluded to and we'll continue to advise
the council as I get updates if there are any questions. I'm always available for answering. >> All right. >> Uh excuse me. All right. I think uh I think I'm all set. Everybody else all set with our town attorney charges by the minute. Okay. Good. Um town manager report.
Um Mr. Mr. Harpering as alluded to earlier in the meeting u asked you to do a an update on the beach comr lane uh access and project and um to give a little bit of background on that. Some some people are still here that were in
in the building before. So kindly uh kindly proceed. Um thank you Mr. Mayor, Vice Mayor, Council. Uh just to note from a uh historical perspective since 1978 the beach access has been closed from the times that we've been
discussing. Um >> I I hate to quibble with you but 1970 is actually the date. It just wasn't codified. It was handled it was handled administratively and then it was formally amended into the ordinances in 78. >> Then I'm happy to stand corrected. Thank you. Um,
so for a long time it it's it's uh it's been a violation of town ordinance uh to uh access that town property on uh Beach Comr Lane which is a public road and uh the
attendant uh issue in a narrow sense relative to at least the dune access. uh the dunes uh it's prohibited to cross over the dunes uh both not just in town ordinance but in state law and that's been the case uh for some period of time. Uh so the dunes itself and uh
references about the dunes being open um are I think those are um probably a bit bit misapprehended because town ordinance and state law prohibits that uh one way or the other. So, uh, we're required to enforce that that state law
and the town ordinance relative to the dune. Um, as to the other, um, uh, as to some of the other items, um, I would just, uh, like to briefly mention the following. Uh, the starting point was the ordinance. Uh, as far as issues concerning, uh,
staff time and public safety, we have a public works official. We have we're staffed 24 hours a day, 7 days a week. Um, and I'm going to tell you some numbers very briefly about the close patrols and directed patrols we do down there. Um, myself, Chief Stone are completely unconcerned about any uh
movement of staff time, whether it's public safety, public works, uh, or otherwise, to open and close the gate at at 9 and 6 since that particular action would probably take less than one minute to affectuate that. As to damage and
repair, uh, it is on the beach. We just recently had to repair the uh the walkover um that those portions that were down after uh after Hela in 2022. Uh the construction is up on the dune and the uh the drawings and concept would be to have a gate across the dune
that can be moved for uh uh public safety and public works uh authorized uh access and required access and then have a gate uh across uh the walkway to prohibit people from going down. We'd also have some uh uh fencing on either side to prohibit trespassing. Um and all
of this will be uh aesthetically appropriate and designed to include landscaping. Um uh both the town attorney and myself have spoken with respectively the attorney and the homeowners who own the vacant lot, which is the last property on the left. Uh and
Inspector Mike Crants, who's out working somewhere now, uh has coordinated with them as well uh to get some of that cleaned up. uh if you go down there and look at it as it stands now, uh it's not particularly aesthetically pleasing uh in in my opinion. Uh so I'm not
concerned about the damage and the repair because that's just the nature of of being on the beach and being in the ocean. Um, as far as the the I I do find it um noteworthy that we
receive regularly complaints from residents on Beach Comr about a variety of things uh uh that happen down there uh relative to um whether it's noise or otherwise. And I just want to point out a couple things very briefly. And this is during a 5-year period, November 1 to
November 18th. November 1, 2020 to November 18, 2025. Um we have done uh the number is 900 that's 900 close patrols where public safety goes down and does a close patrol. We've done 261 directed patrols
which are directly related to some issue or some actual complaint. Um we've actually had 105 calls for service. That's where someone picks up the phone and calls 911 and makes a complaint and we respond to that during
that same period of time. Um and we've had a variety of special attention um issues and specific calls for services uh with reports during that period of time to include disturbances, residential burglary, uh noise complaints, suspicious incidents, and
those don't always include all of the afterthe-ffect complaints that town staff hear about relative to the shark fishing, which I know a number of shark fishing um folks had come in here to complain over the past couple of So, uh, for, uh, you know, for the
town's part, trying to address, um, you know, some of those concerns, uh, we're very conscious about the, uh, aesthetics, but we're also conscious about the, uh, enforcement piece. Uh, we cannot, uh, engage in disparate enforcement and ask people, do you live
here? Okay, it's okay for you to be here. Um, you know, or not. uh relative to um uh wheelchair access. Um I've not seen anyone uh alone actually try to navigate that dune uh with a wheelchair.
I'm very familiar with uh specific types of wheelchairs with balloon wheels that can do that kind of thing. uh but uh in communication with uh folks that live on Beach Comr when we designed that particular crossover, I was aware of individuals who have uh are in
wheelchairs and we specifically designed a bench in a little wider area uh than was actually otherwise recommended by the coastal engineers for sustainability. Um I would like to note one final thing. Um, I've lived um in this community three times over the past uh 30 years, been fortunate enough to do
so, and I'm very sympathetic uh to the uh concerns that have been articulated. That being said, many of those same uh uh voices of concern have concern have articulated concerns about use and noise
and time and speed um and access. So, um, to that point, the installation of the gate simply effectuates, uh, an enforcement of an ordinance that's been in effect, I'm going to take the mayor's date, uh, for six decades or
so. Um, so that's really the summary of the, uh, Beach Comr Lane piece. Uh but for this uh this was actually part of the Beach Comr Lane and Pebble Lane septic to sewer project uh that we've been working on since 2023 to comply with state statute to get septic to
sewer done. Um spoken with a lot of people on Beach Comr, a lot of people on Pebble Lane about these projects to include the fact that we were going to essentially clean up the access down there because if you go down and look at it, it is again in my opinion not aesthetically pleasing. So, uh, in that
regard, we've been talking about this for a couple of years. We just happen to have the ability to move the project forward outside of the paving project, which has not been bid yet because we were able to resolve some issues at the town lot, have the funds available, and address the complaints and concerns that
we have. So, that's where I am on the uh, beach comr piece, and I'm happy to take any questions from council. >> All right. Thank you very much. Um, appreciate that. And um you know I do recall that you know at various times there was a chain that used to go up
across the across the steps and >> you know people asked why now you know we've had some really bad luck with beach erosion and project. So every time this project was kind of popping up it got deferred because of something else and something else and something else. And then when we had the septic to stew
sewer project, we you know we saw the opportunity to uh put this fix in um at the same time in an efficient way. I think it's important to notice that um because you went over pretty quickly and some of the folks I talked to verbally
uh who approached me in places at times both appropriate and inappropriate um that once they understood that we can't put officer Cropky at uh at even if we wanted to expend the town funds to do it between the hours of 900 p.m. and 6:00
a.m. and check IDs to see whether you live on Beach Comr or Park Shores or whether you know um whether you're a shark fisherman from town. Um we can't do that. You know, we have um forget forget the administrative burden on
that. Um once it's open and we keep it open either in practice or by overlooking people who are violating the ordinance, it's got to be open for everyone. Everyone. And we're we're now going into season. As I said, this isn't the same sleepy little town. You know,
part of what we do is we anticipate problems before they happen as well. We have new housing going up right next to the 7-Eleven where tracking station used to be. Uh the vice mayor was on on council when uh Surf's Edge was a a vacant lot that had uh vagrants and we
were seeing some issues there. I live in Pebble Bay. We went through the same issue. We used to just cut through that, you know, go on the beach. Um, I'm not going to admit publicly whether or not I violated the ordinance. For the record, I'll say it was before 9:00. Okay. Um,
but as part of that project to enhance the safety and uh in response to the concerns of people about property values being affected because there was unrestricted access is that that's what that's what affects your property value, security issues, crime. Um, it was um,
you know, access was put in there in conjunction with the county that was restricted to the posted hours. I've not heard once people say, "Gee, I showed up at 6:00 and you know the gate was locked." So, um I I I understand some people are going to be disappointed with
this. And um not everything we do is easy, but we also have to, you know, sometimes respect other people's opinion and um and and believe that, you know, let's accept it and move on. In terms of the aesthetics, um, you know, I've, you
know, I've been, you know, assured by you that we're not talking about the swing gates that are on every other access in the town of Indian River shores that, you know, if if it were up to me, I' I'd get the county to, you know, to upgrade those aesthetically, but good luck good luck trying to get
money out of the county for that. Um, so we're going to do it in a way that's in keeping with the aesthetics that will be uh hopefully uh allaying some people's concerns about, you know, an ugly chain link fence going up because that um that is not what you're intending to do. >> Uh no, sir, not at all.
>> All right. Anybody else on on council have any further comments about this? >> No. >> Mr. Mayor, I just have one more note. I'm sorry. >> Sorry. No, it was just a singular note. I wasn't sure if um uh I just wanted to mention uh traffic. Uh we have discussed with public safety and just collectively
the town. We've seen earlier a lot more people in town, a lot more people staying in town longer. Uh I believe probably count Vice Mayor Roundwater is going to mention sector 5, but there's uh uh intermittent stoppages because trucks are accessing the beach. Um, so I
just want to note that for um, uh, the town's aware um, we've looked at all the stop lightss, everything sequ sequenced correctly. The only thing we can do is understand that sometimes we're going to have those backups and and and that's just the nature of it. >> Thank you. I just one further question
in in your response notes. Did does that include the times u you know beachcom residents would call because people were driving down you know the uh public beach access to turn around and unload or >> um it would uh I I kept to take a look at the details but of those uh 105
um they're probably noted as uh miscellaneouses because it's either the car is sitting there idling or somebody's turned around in their parking lot or in their driveway as it were um and done that. Uh because we do have I mean just at quick glance at least five parking on the first you know
five parking complaints on the first page and those are all going to be I won't you know read out the addresses but they're all related to an address on Beach Comr Lane relative to uh the location of the call for service. >> All right. All right. Thank you. Mr. Vice Mayor you wanted to say something.
>> Yeah. One of the speakers brought up a a point which I thought might have some validity and that is the sun rising earlier during the summertime. So I I I got my phone and looked at the summer solstice, the longest day of the year in
Vero Beach. The sun rises at 6:26 a.m. which I was a little surprised it was that late because So I thought I'd just kind of put that in the record because I thought that was an interesting point on the on on the part of the speaker. So >> all right. Thank you. Um, thank you for
looking that up. Um, I try to get up after 6:26 when I don't have a council meeting or in the morning. So, thank you very much. >> All right. Um, we now have uh Do you have any other items in your report other than this? >> No, sir. >> Okay, fine. Um, council committee
reports, >> Mr. Carol. >> Yes. >> Um, thank you, Mr. Mayor. I attended uh this week's meeting of the economic development council and uh I reported on uh this development
uh about four or five months ago. Um but just to add a couple of comments to it. Um the county has engaged a consulting firm to develop a
economic development strategic action for the county. And uh the first draft of this report was revealed to us at at this week's meeting and u
presentation uh was made by the lead person on the the team. And I just want to say that u I guess I've been going to these meetings
for three years now. And I think that the economic development council is finally got the group that they have hired, sorry, the group that they've hired uh
to guide them to create this strategic plan has done an excellent job. And I think that uh I'll I'll leave this uh with um uh with Janice in the event that you all
want to take a look at it. But um they've done a great job of putting this together and um I think the county will benefit uh enormously uh from the work that um this council that this committee
is doing with the uh with the advisory committee. So that's my report. Thank you, Vice Mayor. >> Uh be before I go on one one question. Uh Sam, is there any uh discussion about data centers? There's this report
there's a massive data center is going to be built in St. Lucy County just below the Indian River County line, you know, out in in the middle of nowhere. Has there been any discussion about anything like that in our county? No
specific comment about dat centers in Indian River County. >> Okay. Okay. I'll be real quick here. We had a beach insurers meeting on uh Monday. To your point, uh Mr. Mayor, you we're starting the sector 5 uh beach replenishment. Most of that's going
through JC Park as as uh as the town manager mentioned, there's been stoppages there. That impacts the very south end of our our our town as move along. In terms of uh uh turtles uh for the year, which basically closed down
October 31st, we had 78 letterback nests, 6,73 loggerheads, and 4,636 green turtle nest in the county. A couple of those are are pretty close to being records. Uh finally uh there is
going to be a pedestrian activated uh crosswalk at the south end of of town which will connect the uh shared uh the shared path on the east side of A1A with the walk just south of Surf that's a town owned uh and so that'll allow
people to get get across without hopefully uh uh getting killed. There's some examples of that down uh further south in Vero Beach. I just got an update from FDOT and I'll just read it. They're uh they're anticipating the work documents will be sent to the contractor
to start to work in late summer 2026. I asked for this about a year and a half ago. I mean, that's pretty much lightning speed in terms of getting FDOT to uh do something that's not an idea that has originated from them. So, I'm pretty happy about. So, we'll see what
happens. That's it for me. >> Terrific. That's good news on the crosswalk. Um, a lot of near misses there. So, it's going to get worse when those new buildings become habited. Um, Treasure Coast Council of Local Governments. U, we did not have a
quorum. So, uh, you would think everybody goes home. Nope. Uh, we stay and do business that we can do without the need for a quorum such as approving minutes and resolutions. Uh, to your point about the data center, um, St. Lucy County is in the running for a
fairly massive data center. I got the impression from one of the members of the committee um who is from St. Lucy County that there may be some push back even though it's in a relatively rural area. Some environmental concerns u with all the massive in energy flowing
through them. Apparently there's a low noise hum and that's going to the town attorney shake and get the lawyers involved. They screw everything up. Um, so it's going to it's going to bring, you know, lots of jobs, high-paying jobs. Um, u big benefit to the economy
is expected in St. Lucy County, but there are some folks who are worried about low low hums affecting reptiles, if I got it right, and other animals. Not not that that's trivial. I mean, you know, but u we'll we'll see where it goes from that. So, my sense is it's a ways away if they do mount some
environmental challenges. Um the um the other big item of course was you know the proposal for tax reform by uh uh by various legislative ones on you know I was uh the only one to comment on behalf of the taxpayer. Most of the most of the municipal representatives are greatly
concerned about having money taken away from them. Um I voiced the opinion that it would be a refreshing idea for government to figure out how much money they need to spend before they go out and actually figure out how much money they need to tax people. um and did point out that and I'm sure folks you've
you've read about this $310 million missing from Miami date county they can't account for it couple hundred million in Orlando I think you pointed out some of these jurisdictions have poet laureates on the payroll um there's tax dollars that are being spent in ways that people just don't understand but
not here and remember you've got 5% to find to cut next year um anyway I think that there was a robust discussion on that uh I was on the nominating committee to present the officers for the following year since we didn't have a quorum and we couldn't act on it. Um, but I nominated
everybody who didn't show up for the meeting to be an officer. So, uh, just kidding. So, we have u nominated the chair Brad Good goodbred who's Okchobee County Commissioner, James Clasby, St. Lucy County Commissioner, uh, both very good elected officials. Marshia Powers
or her successor in Martin County uh will be the secretary and Darling Lford of Okachchobee City is the treasurer ameritus and uh we have the financial reports uh hopefully we have a a quorum next uh next meeting and uh I'll leave
the materials for those of council who want to review it. Mr. Terry. >> Um, it has been all quiet as you know um at the utilities commission. Uh, I don't think there's been a meeting since June. Uh, the next schedule meeting is in
early December. Um, it's my intention to meet with Rob Bolton um in advance of that meeting just to get a download with respect to what's going on with the critical path of the water treatment facility and u the anticipated financing issues related to that. So, it's all
quiet now, but there'll likely be a meeting first week of December and more to report. >> All right, terrific. Um, we are now at uh 12A. Um, this is the call to the audience. If anybody has an item to address uh on any items that were not
already addressed on the agenda, uh you can please approach and state your name and you've got your your floor. >> Good morning. Steve Morgan, 935 Beach Comr Lane. I just I want to go back to the beach Cumberland Lane because there were a few things that were mentioned
that we can't circle. One is you said that >> Mr. Morgan, I'll give you a couple of minutes, but you know, that's fine. I think we dealt with that. >> This is this is a record correction because you you said that the item was discussed and voted on in July. If that
was a mistake, I understand. But I went back through the entire year's agenda and there wasn't one listed public item on the agenda. So I'm making a public records request here. You said it was discussed over five years. I would like
to know what agenda it was on. Was it publicly advertised in accordance with state statute 286 so we would know what's happening here? Because I couldn't find it. I went through very carefully every agenda
item. January through today's date. >> All right. Thank you for your comment. Um I'll defer to the town attorney on that. Um I will I will note though that not not every item has to appear as a separate agenda item. It can be part of a consent agenda and this was on the
consent agenda in July I believe. Was that the date? Do you have it? >> We have a we have had a budget amendment. It was noted in the sorry >> uh we had a budget amendment. It was
noted in the uh town. >> I'll tell you what, we'll director's report. >> We'll just provide the records to them. And you know, I'll I'll tell you, you know, there are numerous meetings where we have people from your neighborhood
coming up. They brought council member they brought shark hooks. They brought empty empty chump pales. They brought uh we had people come up and um you know discuss the the folks that were trampling through uh Beach Comr Lane
saying you know can't you keep people from turning around in our neighborhood. Um so we have that we have that. So you may get you may get a lot of material but u you've made a public records request and we'll we'll fulfill it. Well, specifically this impacts the public and when that happens, it's
supposed to be an advertising. >> I'm not going to I'm not going to argue with you about what what needs to be or not. Okay. >> What I want to make sure that >> you made a public records request. It's it's deferred to the attorney. If you have if you have any any further requests, just follow it through the town. Well, I I I also want to talk to
the uh sand dune issue because I understand the ordinance that the city attorney is justifying to uh to limit access to that. But I would remind you on two different occasions, uh the town permitted a private entity
>> to park a 40,000lb excavator on that dune and load dirt for four or five days. is against your ordinance. So to call that a natural doom is not correct. Thank you for not correct. I just want
to correct that so you guys understand when you make these decisions. >> Thank you for your comment. >> Anybody else? All right. >> Um as far as uh ADA compliance, um there's no wheelchair ramp on that uh beach access.
>> I I don't know that we have to. So, and I understand. >> So, we're we're going to take that under advisement. I I read that gentleman's letter and we're going to, you know, I've asked that, you know, we have a look at that >> cuz someone mentioned I just want to make a comment. Someone mentioned that there is one down by the 7-Eleven behind
that that we know as a council in the town, we know that there is someone that's uh that needs a wheelchair access. They have no access to the beach. So even if it's a minimum that you can you don't need one. Don't you think this town has a lot of money that
can afford wheelchair access for people and it's not just a wheelchair it's bringing a park down people with babies. >> Well th those are two different things you know. So one is a reasonable accommodation for for handicap. All right. And that will get to the bottom of I'm not sure that the reasonable
accommodation requirement >> uh compels us to have to put in an accommodation there. It it doesn't compel you, but because I know that's a you're saying discretionary, but please please understand that. Why not? >> Yeah. Okay. Thank you for your comment. We'll look into it.
>> Anybody else? >> My name is Earl Earl Simpson. I'm at 915 Beach Comr Lane. >> Okay. And uh I think there just been a big mistake here made that uh it wasn't on the uh list of things that a normal
resident could find and uh uh that the taxpayer should get a notice. People that live on that street should have at least gotten a notice >> there. There's no requirement of that. But >> yeah, but I mean courtesy >> this was this was discussed. So don't don't try to leave the suggestion here
that, you know, we did something in the middle of the night at one meeting in July. That's that's just not true. >> Yeah. >> Just not true. But thank you. Thank you for your comment. Anything else? >> I'm not done yet. I I u you know, this thing needs to be reversed because it's, you know, it's going to be damaged. It's
going to be >> messed with up there. And the parking thing is an issue, but uh there's handicap considerations. There's uh environmental protection agency that can deal with the sharks and the other stuff. >> No, they can't.
>> They can't deal with the >> state statue protects those shark fishermanmen. >> Well, they can check the fish if they have the right. >> Let me finish. The only way we can control it is to limit access during the posted hours. It's the only way we can control it.
>> Well, out out of the 150 or several hundred. Uh, >> okay. We understand you're upset. All right. Is there anything else you want to say? >> No. The taxpayers should have more rights than that to uh >> Thank you. Anybody else? >> Notice that. >> Megan Wat 109 Park Shore Circle. Um
>> you spoke before, didn't you? >> Yes. >> Okay. 30 seconds, please. >> Your response to discounting my comment was that I wasn't paying attention, but I am. And there it wasn't listed in the minutes
that you said it. It wasn't announced to me. I am paying attention and it feels incredibly wrong because of the sunshine law that you you're you're passing something that I didn't even get to a chance to have a voice on. So
>> we we didn't we didn't pass anything. We took an administrative action. >> You're you're not addressing what I'm saying. Your response to me was that it was listed in July. I wasn't paying attention. I am paying attention. It wasn't Listen, it's not on what was sent to us. >> All right. Okay. We can agree to
disagree. Um, is there any other comment? >> That's a fact. You're not addressing. >> Any other comment? >> U Margodana 926 Beach Comr. Jim, is the list of complaints is that public uh accessibility?
>> Uh, the complaints I referred to before. Yeah. >> Yep. Sure. have scores of uh documents that we'll look at to make sure there's no exempt or confidential information contained in them. Uh if you want them, I'll make you a copy of the whole binder. >> And Brian, you had mentioned that there were some people that were against us
wanting that they're for that gate. Where where are those people? >> They trust us. >> Oh, >> yeah. >> Okay. >> Um >> All right. The other thing is >> there are no other comments. There's no access for us to Bob, you had mentioned you go to the launches, so we can no
longer access the uh launches at the end of the street. No. >> From 900 p.m. to 6:00 a.m., you were never supposed to be on the beach. >> But the >> Did you Did you ever see that sign that says access?
>> Well, when there was a launch at 10:00 at night or 10:00, >> so you just violated the >> ordinary. the street next to me, they have access and they're on the beach watching the same thing. >> That's a private access. It's not public access. >> So now, so those of us that many of us
that went to see the launch can no longer see the launch at the end of our street. We're going to have to go go to a private access and use theirs promoting another complaint. >> If no, if you have their permission, you know, otherwise I suspect they're going to they're going to call and, you know, say there's a trespass occurring. I you
know you're I think you're you know you're you're ignoring the fact that you're you're upset that you know >> I think you're using the ordinance as your backup but I think the problem is because you did get so many complaints and you did and I know you did and I don't think I think they have subsided
but our street was used for a lot of things bringing the sand now it's at JC Park we did have a lot of traffic uh there was an app that was out that beach comr lane was beach access and one of our um homeowners changed that called so
we don't have the traffic and I don't think you're having the complaints that you used to have. >> It is a public beach access. Um the complaint list that I have that I'll provide you um once we put it together and let you know that it's together and tell you what all the parameters are of your public records request um are up
through November 18th. So you can take a look at what was recent and what was not. >> Okay. >> I never called. I didn't complain. But but I I I can assure you, ma'am, that that many of the names and people that came up today are same people that have either been in my office or been on my phone telling me
>> we don't want people down at the end of our street. There's there's noise. Uh here's pictures of shark fisherman after hours. Um and when we hear about them >> because of them, we're all the rest of us are being punished unfortunately. But thank you. >> No, ma'am, it's it's not a punishment. Just to echo everything, since the
inception of the ordinance, it's been a violation of the law to be there after 9 or before 6:00. >> So, the gate on the crosswalk, is that going to be on the street or is it going to be at the beach side of it so that we could still possibly sit at night on that? you you'll still be trespassing no
matter where you are on that location after 9:00 p.m. and before 6:00 a.m. because the town owns that property and owns that street and that's considered the the park area as it were. So, the concept is is that we're going to uh uh put an aesthetically pleasing gate at
the front of the stairway so people cannot access the stairs and stay in the park after the hours that the ordinance prohibits. Same thing with the dunes. And I'm I'm and we're going to look into all the other items that have have come up relative to ADN and whatnot, but you've never supposed to have been going over the dunes. That's a state law. Uh
whether we had an ordinance on the books or not, you're not supposed to be going over the dunes. >> I consider myself fit and my grandkids were just here and I tried it carrying I made I had to make several trips up and down those steps just because and then I had to leave my grandson
briefly so I could go get the other grand granddaughter to bring her down. I I think it's just an accident waiting to happen. But but thank you. >> Yes, ma'am. >> All right. Thank you for your comments. Um any other comments? Comments about things not Beach Comr. All right. Thank
you. Have a happy Thanksgiving, everyone, and we will see you in December.