--------- public regarding agenda items. That's items that are on the agenda that the public wishes to comment on. If you have other comments on matters not being addressed at this meeting, uh you can save them for the end. All right. If there are none, we will
then move to the consent agenda. Is there a motion to approve the consent agenda? So move. Second. Uh we will have a roll call vote because we have a resolution to be approved. Mayor Foley. Hi, Vice Mayor Atwater. Hi, Council Member Carroll.
Hi, Council Member Alieri. I, Council Member Dayne, I. Let the record show. The motion passes unanimously. All right. Thank you very much. Thank you very much. Uh, on to the mayor's report. Uh, give you all a break. We, uh, we obviously it's
raining. That's about the mayor's report today for the weather. Um, thank you for coming despite the the bad weather, everyone in the room. Uh most of the items that I would report on are actually up for a vote now. So the collective bargaining agreement uh the
septic to sewer conversion are all going to be addressed in the uh in the context of discussion with with probable item. There's a couple of questions that were uh presented concerning the issue of open carry of firearms. The chief is
going to you know give a brief brief discussion about that when it comes time for him. Uh that's your heads up just to let us know generally what it means uh while while it's still in effect. Um all right. We
then have a council member item item number 7A which is a request to reschedule the February 26th, 2025 town council meeting. Uh I'm of course amendable as council is to accommodating that. Is there a proposed date other
than February 26th? Yes, I would propose that the U February council meeting uh take place on either the 17th, 18th, uh 19th, or 20th of February. Anyone of those four days.
All right. Any one of those days are fine with me. 17th, 18th, 19th, uh 18th. 18th does not work for me. Otherwise, the others are good. Uh, any preference? All fine by me. Uh, 17th.
Does that work for staff? Yes. Okay. So, the the motion will be to change the uh I I take it council member Carol is making a motion to change the date to February 17. Is there a second?
All right. All in favor? I. Okay. We are officially changed to February 17th. Thank you. Thank you. Thank you for the advanced notice. All right. Discussion with probable. Uh I have one item on council member. Oh, I'm sorry. Go go go ahead.
Just uh quickly uh this comes under the category of gift that keeps on giving. Republic services continues to uh reach out to our citizens and ask for money for bills. Uh my next door neighbor uh got one of those phone calls uh yesterday, automated call saying that
she's in a rears on her uh Republic Services bill and another member of my community had previously spoken directly with uh Republic uh services at their 1-800 number uh with regard to the billingers.
and uh he he called he managed to get the same person again and brought this up and the person said well our system does not allow these calls to stop. So uh just uh got to give a heads up to those in our town. The only thing I'm
concerned about and I've expressed this before that somehow erroneously they don't report it to credit uh uh a agencies you know hit impact somebody's FICO score because that'd be a major problem. And if that that would occur,
we couldn't get that fixed. Uh I would suggest a lawsuit. So, all right. Thank you. Um I staff, I know you've you've been in communication on it. Uh do you think it's time for a strongly worded letter from the town attorney holding them poss
uh liable for any any such damage? We can do that, Mr. Mayor. Um I will follow up on the vice mayor's um comments. For every one of those that we've been made aware of, we've made direct contact and addressed Republic on
behalf of the on behalf of the residents. And um I I know that uh staff uh I'll note Lucy in particular uh shares uh or potentially has greater uh frustration uh given the level of communication that we've had with Republic and uh sometimes the failure of
the left hand, the right hand. Um, so we we continue to do that and um we'll do whatever at the at you know at the um council's pleasure. However, uh I have communicated with um Republic Services about issues related to the credit reporting and fully expecting uh any
issues uh that may come up in that regard to be addressed by Republic uh themselves. So that's where we are right now. Hopefully um once October comes like a kidney stone republic will pass. Yes. And kidney stones are usually very
painful. Um you know I I I would just like to note that I I appreciate everything our staff has done. I know they have. Um but I think you should point out to them that it is not the responsibility of the taxpayers of Indian River Shores to be performing the
work for Republic Services. Um maybe a threat of a back charge against them for our time would uh we get somebody's attention. Okay, we'll get something out by the end of the week. Thank you. I I take it nobody wants to see it before it goes out. We trust. Okay. Thank you very much. Appreciate it.
Item 8A, approval of ordinance number 580, solid waste recycling and yard waste, which is the second reading. Uh before we go to council, is there is there any discussion from members of the
public on the approval of ordinance number 580? This is the second reading. Seeing none, is there any discussion from council? Uh one point I know this is a second reading, but in the description of
ordinance 580, which is the proposed ordinance, uh it's on page 94, um in section 54.03, 03. The second paragraph doesn't read as it's currently constructed.
So, um I'll read it slowly and you can pick up the gist of this. All costs and billing for collection of solid waste, recycling or yard waste shall be negotiated by the franchisee. Um
each multif family unit owner or such unit owner's design shall and then it ends there. So yeah, good point. Um, so I think before it becomes an ordinance, we ought to Yes.
try to address that. Thank you. I think the legislative version just didn't uh translate uh absent uh any objection, we'll seek some guidance from the town attorney. Um there would be nothing substantive there, the the actual reading of it, and thank you um council member. I apologize to the council that that that got
through um design and it would be uh uh shall pay in a timely fashion. Um but I I think we would just need to um uh don't want to word smith it too much uh here that sounds like
that sounds like the solution shall pay in a timely fashion. Failure to pay in a timely fashion shall create a debt. So I think you nailed it. I agree with the vice mayor. Uh that works for me.
Then when it's uh obviously when it's not in legislative version, it'll be reflected appropriately um in the right. Does the word change um accommodate your comment? Yeah. Oh yes. Okay, great. Um do we need to do another
first reading of this, Mr. Mayor? No. Um I consider that as Mr. Har comes under the scrier's errors scrier's error and and lack of translation from the machine. But just to clarify it would read then all cost and billing for collection of solid waste common recycling or yard waste shall be negotiated by the franchisee
and each commercial or multif family unit owner or such unit owner designate shall pay in a timely fashion. Period. Failure to pay in a timely fashion and continue from that point on. Does that make sense? Y it certainly does. All right. Thank you.
As long as it comes within the scrier's error because you know these clever lawyers, if we didn't do this the right way, somebody may say, "I don't have to pay my bill for this." Yeah, I know. All right. Thank you so much. Um All right. With that change, um is there a
motion to approve uh the ordinance? Uh I'm sorry. We have to have a reading now from the town attorney. Sorry, got me out of my rhythm. No problem. I apologize. No worries. This is ordinance number 580, an ordinance of the town of Indian Resource, Florida, amending and repealing sections of the code of ordinances of the town of Indian
Rashores, chapter 54, garbage collection to reflect changes consistent with a new franchise agreement, providing for a business impact estimate, providing for severability, providing for codification, providing for conflicts, providing for scrier's errors, and providing for an effective date. This is the second reading. Thank you.
All right. Thank you very much. Is there any further discussion from council concerning ordinance number 580 as amended? Is there a motion to approve? So move. Second. Roll call vote, please. Mayor Foley.
I. Vice Mayor Atwater. I. Council member Carroll. Hi. Council member Alieri. Hi. Council member Dayne. Hi. Let the record show. The motion passes unanimously. All right. Thank you very much. We have uh item number
8B, which is the approval of ordinance number 581. This is a nonadvelarum capital special assessment. That sounds scary, but it's not. Um, it's basically uh kind of a complimentary complimentary uh ordinance
to uh to what we were doing previously on the agenda. So, if there is any public comment, now is the time. Okay. No public comment. Any any comment from councel? Is there a motion to approve?
Second. Roll call vote, please. Mr. Mayor, mayor, you have to read the title very quickly. Yes, sir. Ordinance number 581, an ordinance of the town of Indian resource, Florida, a municipal corporation relating to special assessments creating a new chapter 103 in title 9 of the code of town of Indian River Shores, Florida. the code entitled special assessments providing findings
and procedures for levying special assessments providing a business impact estimate providing for severability providing for codification providing for conflicts providing for scrimer errors and providing for an effective date this is the second reading thank you all right with that motion to approve
and a second by the second all right and a roll call vote please Mayor Foley I Vice Mayor Atwater I council member Carol I, Council Member Alieri. Hi, Council Member Dayne. I, the record show. The motion passes
unanimously. All right. On to item 8, uh, C, approval of ordinance number 584. That's an amendment to section 165.16, substantial improvements. This is a
first reading. I'll ask u our town manager just to briefly explain what the ordinance is intended to achieve, what the amendment is intended to achieve before asking for public comment and moving on further and then the town attorney can read the magic language.
Uh yes, sir, Mr. Mayor, Council, uh this amendment is as a result of Senate Bill 180. Uh it's a statutory requirement which um uh the legislature um dictated that any ordinances that have any time frame associated with a substantial improvement uh evaluation uh that time
frame be deleted. Uh currently the town had a uh a one-year uh period for consideration of substantial improvement. Um and this uh ordinance uh simply removes that. All right. Is there any comment from the public? There's there being none. Is
there any discussion among council? Uh yes, if you don't mind. Not at all. Um this this ordinance 584 um indirectly relates to the impact of ordinance 588 which has to do with
substantial improvements which also has to do with the mandate with respect to um BFE and first floor um elevations. Um, so
you know, I have a particular interest in that. I was brought to the attention of council last year. Um, I haven't lost interest in it. Would probably like to revisit that. Um, so because of that interest, I went back and looked at the
legislative history of um, SB 180. uh and I can't find any language in the statute or in the legislative history which would direct a municipality such as ours to um extinguish any reference
to um a one-year peri stacking period or a look back period. Um in fact when I looked at the the notes to the bill um there's a specific pres specific provision
uh which says bear with me for one second for a local government that is participating in the national flood insurance program. The bill provides that lo local government may not adopt a cumulative cumulative substantial
improvement period also known as a look back that is longer than one year. Um the bill defines cumulative substantial improvement period as the period during which an aggregate improvement improve an aggregate of
improvements or repairs are considered for purposes of determining substantial improvement. So, to my reading, the one-year stack look back period in our existing ordinance um did not require attention. Um is not
specifically called out in the bill. Um and it has an effect on ordinance 588 because um one of frankly one of the ways to um tamp down the economic
effects of 588 and the substantial improvement provisions of 588 was that homeowners, developers, contractors under the existing ordinance were able to stage improvements such that they
would extend beyond 365 days. And if the improvements extended beyond 365 days, it triggered another stacking period. That's lost when you take away this provision. And um so I don't in I'm not
in favor of it. I probably will not vote in favor of this ordinance. And I think what I would ask is that we take a step back between now and next month's meeting and take a fresh look at the legislative history of the statute, how
it impacts our building code and our LCD um and particularly how it impacts ordinance 588 and how it impacts the economic impact to our constituents. And I include in those constituents
homeowners, builders, contractors, the people that have um a particular interest in real estate in Indian River Shores. All right. So, um there's an awful lot to chew on in in your comment. the um is
so is your request that we table 8D for further discussion uh or a presentation from council to uh explain the issues that you raised and then put it back on the agenda for October after that after that presentation. Is that is that the
motion? I think that's fair. Yes. All right. Is there a second to the motion? Second. All right. Um, so we're going to have So the the motion is to table uh uh 8D
and um pending a presentation from staff to more fully address your issues and to um put it back on the calendar in October. So is there's a motion, there's a second. Uh
we'll uh we'll have a roll call vote on this. So, uh, Councilman Dne, how do you how do you vote? By any vote, what? How do you vote on the motion that you seconded? That it be addressed in October.
So, it's an I. It's an I. Okay. How do you vote? I, Councilman Carol. No. Uh, I All right. And, uh, I'm going to vote um I'm going to vote I as well. I
don't I don't fully understand uh the comments that were made by the councilman and uh I want to give staff an opportunity to to raise it and that's why I'm voting I for it. Uh same same here as well. This is a very convoluted piece of legislation. There's been a lot of discussion about
it. It it doesn't hurt us in any way by waiting a month does it with with the state legis with the state in some manner? No. No, it does not have council. No. Okay. So, um the motion carries. Uh we will essentially delete item 8 from
from action. Uh have a presentation in October and uh put it back on the calendar for consideration after that. Let me let me just point of clarification on the motion. Was it definitely to the October meeting or was it to be tabled? And it's important because if it's simply tabled, it would
have to be brought back from the table at a subsequent meeting. But if it's if the motion maker was setting it for the October meeting, then it will be on old business at that time. His motion was to make it in October. Okay. So, uh, so we can we can move on with it. I'm
I'm I'm pretty comfortable with this issue. I just want to give an opportunity for the councilman's issues to be addressed before I vote on them. Understood, Mr. Mayor. Yep. No, we're clear. Thank you. Thank you. All right. So, staff is all all clear on this. Yes, sir. All right. Good. Glad somebody ish. He's
taking notes. So, just for the record and and to help Jim and Pete, um my reference was the Florida was to the Florida House of Representatives bill analysis um relating to bill CS535
and also actually specifically to um SP 180 and C mayor council we will Jim and I will get together make sure also have Mr. are held involved so we can have a full comprehensive discussion prepared for you. Thank you.
Understand. Thank you very much. Appreciate the work you'll do on this and I'm confident we'll get it all straightened out in October. Uh thank you for your comments, Councilman. Uh item 8D, which is the approval of the interlocal cooperation and coordination agreement
with the city of Vero Beach road paving and sewer improvement project. Um, basically we refer to that as septic to sewer. So, um, can you kindly explain what your, um, what your agenda item encompasses and uh, what you're asking us to do?
Um, yes, Mr. Mayor, council. In, uh, 2023, the legislature passed a law mandating septic su sewer connections by 2030 where, uh, sewer was available. Um right after that was passed began discussing this issue with uh the city
of Vero Beach who is our water wastewater uh and reuse water provider. Um the primary goal was to coordinate with the city their activities related to septic to sewer conversions for those uh public streets uh where people were
still on sept septic within the town. and to do that uh concurrent with the town um doing our road repaving and storm water uh uh infrastructure upgrades. So we had two roads that were scheduled for paving and and storm water
upgrades. Uh both of those roads um have all the homes are on um septic. So we are coordinating with the city uh for a variety of reasons both you know cost operationally administratively and essentially to make it uh as uh
less inconvenient as possible on the residents so that they don't have to have their roads uh torn up essentially on more than one occasion. Uh, additionally, we've been able to uh arrange with the city for uh any of our residents that uh are are on these
streets to have the ability to have the um uh the assessment for the cost of the hookup uh which is incumbent on the property owner to be either paid in a one-time lumpsum payment or amvertised over a 10-year period on uh on the tax
bill, which is not an unusual process for these types of um uh special capital uh assessments. Uh so this uh interlocal cooperation agreement lays out some of the more practical operational pieces relative to the general idea that the town is paying
for the road and the storm water portions of this project and the city is paying for the septic to sewer portions of the project and it identifies some other administrative and procedural things. Um this is attendant to a ordinance that was previously passed and then in November you'll see uh a
resolution uh related to this project and again I overlay that this is analogous to the um uh to the solid waste uh transition from direct billing to uh to an assessment. Uh so this interlocal really lays out the
obligations and responsibilities of the city and the town uh relative to some of the practical uh pieces of the of the actual project. All right. Thank you. Before we get to the mechanics of uh the ordinance, um is there anyone from the public that would
like to comment on this? Okay. Mr. Mayor, neglected to just add one thing. Uh the city approved this this morning at their uh council meeting earlier today. Okay. Um does anybody care to comment now? Didn't think so. All right. Thank you
for the addendum, though. Uh, is there any discussion among council? And uh uh I I'll kick off the discussion. First of all, thank you for the work that you that staff put into this. I know it wasn't easy. Um and we can be thankful that we don't have the the numerosity
and the complexity of uh converting from from septic to sewer that some of our our neighboring uh jurisdictions have. It's um it's going to be a a lot more lot more expensive and a lot more time consuming. Um, all right. Any discussion?
Is there a motion to I'm sorry. Can you kindly read the Um, Mr. Mayor, is this just an interlocal? We can move to vote. Yes, sir. Okay. Let's uh take a roll call vote on this. As long as a motion a motion to approve. Y there's a motion in a second.
Second. Okay. Uh, roll call vote, please. Mayor Polly. I. Vice Mayor. I. Council member Carroll. I, Council Member Alieri, I, Council Member Dayne, I, that the record show, the motion passes unanimously.
All right, good. Thank you very much. And it's uh, it's good to know that the, uh, city council in Vero Beach passed this, uh, passed this, uh, ordinance as well. Um, all right, item 8E, uh, it's the approval of the collective
bargaining agreement. That's the three-year agreement from 2025 to 2028. Uh I know that um council is fully aware of the issues because we've had uh as per statute a number of u meetings on this uh out of the sunshine for lack of
a better word which is permissible on this issue. Um the public is welcome to comment on anything that they want uh on this collective bargaining agreement and if not we will see if there's any further discussion among council absent
which we'll entertain a motion in a second. Okay. Is there a motion to approve? So move. Second. Uh let's have a roll call vote. Mayor Foley. I. Vice Mayor Atwater. I. Council member Carroll.
I. Council member Alieri. I. Council member Dne. I. Let the record show. The motion passed unanimously. All right. Thank you very much. Item nine. Staff updates. Building official report and statistics. Mr. Mr. Mayor, we have uh uh building
inspector and uh code enforcement officer Mike Crance here. He's going to stand in for um uh Mr. Held and uh he'll be here for himself. All right. So, you can do A and B. We'll call A and B. Uh building official and code enforcement report. Yes, sir. Uh for the building department monthly
report. I do not have any updates. Um if you do have any question, try and answer them. If not, I'll direct them to Fred. Okay. So, that finishes building official reporting statistics.
Now, now, now let's let's see you go to B where you for what you make the big money. Okay. Let's go to 9B. Um the same with the monthly code enforcement report. I have any further updates on any items, any questions,
anything? No, you're on such a role. Why don't you do C and D as well? I'm sure uh vice mayor has a comment. Uh uh I just like the uh reformatting of the report. I think it flows a little bit uh better rather than doing chronological
order. See uh you know and I've already said this to the town manager at some point. Be nice if you guys could figure out some uh graphs of the statistics uh you know going forward because uh uh you you have you guys have a lot going on. Yes.
And and it's good that we we know about it. So thank you. All right. Thank you. I think uh I think we're all set till next month. Yes, sir. All right. Thank you. Um 9C public works. Mr. Harper, you're going to take that? I take it. Yes. The only thing to note out outside
of the report um FPL met with uh some of their subcontractors. They are going to begin the work on the wall uh the additional uh higher wall on the substation at the end of Fred Turk that council had approved not too long ago. Uh and they have um uh really this is
more from a I guess a resiliency standpoint. Uh they have staged uh new uh new transformers back there and they're doing uh they're getting really getting ready to do a lot of work that I think will be uh very beneficial uh to the residents uh you know in as much as they are um continuing to harden that
particular location which is important to us. And other than that I don't have anything else in particular. Any council members have questions for the public works department that hat being worn by Mr. Harper? No. Okay. Uh we'll move on to town treasurer
9B. Good afternoon. Um I really don't have any other updates to my reports. Um I did have the auditors here last week to start the planning for our 2025 fiscal year audit. They are they've finished that and they will be back in December
to complete the audit at that time. So, wait a second. You're working on the 2025 audit unlike some other locations in the county. Okay. Just was wondering about that. Sorry, I couldn't resist. All right. So, we're we're well ahead of
we're well ahead of the game. So, thank you very much and um appreciate it. Uh public safety department Good afternoon. Good afternoon. Um, so other than the report which was submitted, uh, I could discuss the open carry law. Um,
it's just, you know, because I brought brought this can of worms up, uh, just a couple of couple of concerns by um by citizens who are not interested in in carrying weapons openly. They're just wondering if we're going to turn into the Wild Wild West. Uh, I assure them we
had nothing to do with it. It's not our ordinance, but um, I know that you're probably better able to speak to it. I don't see it as becoming a big issue in our town, certainly by not by our residents. And let's let's hope I didn't jinx it by saying that. Hopefully not, Mr. Mayor. So, back on
uh, September 10th, Florida's uh, first district court of appeals ruled that the law banning the open carry of firearms was unconstitutional. That law had been on the books in Florida since 1987. Um what it did was it allows the open
carry like on the hip to be seen uh in Florida beginning on September 25th, 2025, which is on Thursday, this Thursday. Um the ruling uh actually, let me back up. The Florida Attorney General has directed law enforcement not to
enforce the previous ban on open carry up until that time. So right now since September 10th on or maybe it was the 11th I think it was the next day they came out and said we're not going to prosecute these these cases. So is there a statute that allows it? Uh there is and I don't have it. Uh it's
I believe it's 916 I want to say it's 916.0 I can get it for you sir. Okay. Um the ruling does not allow for open carry of firearms in places which were previously prohibited, which would be
schools, courouses, detention centers, polling places, or any private um businesses that prohibit carry. Uh for our part, we have had officers go out to all of our businesses starting down at 7-Eleven, CVS, moving into Oakpoint
Plaza, and then uh across the street here, letting all of the business owners and the workers know that this is now a thing, and they may see somebody walk in uh with a firearm on their hip. It is possible. Um don't panic. They can always call us out. We'll come out, but there's really
not much we can do right now because it is not a law. Are there any questions that I can answer? Can can can the business tell somebody a a potential customer that they don't allow? They can. A private business can have
that in place to say we don't allow uh firearms carrying. Okay. In our business, is open carry allowed in this council chamber during a council meeting? So, no. However, there was a little bit of a loophole when they talked about um
that one. When they talked about government places, they included handguns. They did not have rifles in there. So, it is possible that you could have somebody walk in openly with a rifle and
it would not be against that law. They're looking at that right now. They're trying to fix that loophole, but there's no direction right now on that. Okay. So, that loophole is a result of the law, not as a result of the court ruling. Correct. Okay. But a long rifle, I presume, is
not allowed in a court chamber. Correct. No, not in a court chamber. Yeah. Okay. Just All right. They interestingly if I if I may the courts made haste to um once uh once the implications of the ruling was
realized um the courts made haste to begin to issue administrative orders relative to the areas over which they had control which are uh which are the courouses and the courtrooms. um very briefly and interestingly the the district courts of appeals didn't have
the same kind of uh ease in doing that but they're looking at that as well as well as the court that obviously uh you know rendered this opinion. So the uh quote unquote long gun exception uh as it were still is uh in existence. I've been involved with my former colleagues
and many discussions about this and peeling through the protected places uh statute and and so on. Um that is where it stands right now and we will respect all uh you know all all of the law and everything that has
to happen uh consistent with uh you know with public safety. So what are the rules with respect to concealed weapons? uh concealed weapons. It previously had a you had to have a license, you had to have a permit for it. Same thing. That's kind of been stricken down now. And they
can carry concealed as well as long as you're not there's obviously certain restrictions. Felons uh with fire uh prior felony convictions are not allowed. And there's certain classes that are not allowed and the same exempt places. Yes. Correct.
But you would need a permit for both types of carry, right? open carry and no there's no you don't need a permit now that's what the open you don't need a permit to to have the gun and carry it correct sir Mr. mayor council to follow that. Yeah. Uh what what's referred to as
constitutional carry. So and has done an excellent job outlining this. But in short in Florida right now, if you're over the age of 18 and otherwise have no legal restriction such as being a convicted felon or uh adjudicated otherwise,
you are allowed to carry virtually any legal firearm anywhere in any public place in Florida. sidewalks, right? So, just to calm calm people's fears down, in order to obtain a legal firearm in Florida, you still have to
purchase it from a licensed firearm dealer, go through the the quick background check. So, correct. I I have a concealing carry permit. You know, I'm happy to say that. Um uh before this before this uh this ruling, if it were 100° out and I was
carrying, um I had to conceal it, meaning I would have to put a jacket on. Um, obviously people could see the silhouette of the of the firearm. Um, but I would still have to have a um a legally purchased firearm. So, um, this is not this doesn't open it up to, you
know, no restrictions on purchase. So, the purchase point of purchase is still going to be the during the dependency until this gets fixed. And I I do believe it will be. Uh, the point of purchase is going to be the natural break on um, guns for everybody. So, u, but it's
I I mean, you just have to call it what it is. It's a stupid stupid ruling. So, um you know, there are better ways to, you know, to do things than to do this. So, hopefully a legislative solution will be happening in quickly. Uh the legislature doesn't go into session until January and I don't think
anybody's going to call the special session to deal with this. So, and and Mr. Mayor, to follow that and maybe most importantly for this body and this town is that the area of firearms is completely preemptive to the state. Florida Statute 79033
is is one of the most equivocal and clear statements that no town, county, city, municipality can regulate firearms in Florida whatsoever. So regardless if we were a million population or uh like some of our smaller brethren, we have
zero ability to to do it. I just want to clarify that because as you alluded to, this is not something the town has any ability to regulate or do anything about. It's purely either a state matter or quite frankly it hasn't gone to the Florida Supreme Court yet. I don't expect that will happen based on the procedural policy. But this is a court
ruling. So the only fixes are either a subsequent court ruling or a legislative act by the state of Florida. But a but a private business which is pays taxes and is open to the public, that private business would be
able to put a sign up saying no weapons. Yes, that's that's the prevailing view and in fact you're starting to see some of those things. Um in fact I think some of the national retail retailers are starting to even think about that just given the danger of the size and scale
um of having people come in um you know multiple people come in with firearms presents a dangerous situation objectively. Yeah that's that's the consensus. So it it reminds me of uh one of my trips through Texas and you know pulled off to
a bar and grill to get a bite to eat and uh it said firearms must be checked at the door will be returned upon clearing your bar tab. So um so businesses may be doing that because as you mentioned you know bars are one of the locations where
you know you you cannot carry a firearm. So, uh, correct. You know, hope hopefully hopefully this is just a um kind of a a blip of fun fun stupidity jokes that we look back on and say, "How did how did this even happen?" But, uh, thank you for remaining diligent. We also don't want to put the
town in a posture where an opportunistic litigant, you know, kind of dupes law enforcement or the town into doing something that then results in a massive lawsuit which um, you know, is not only expensive to defend, but the damages can be pretty heavy, too. So,
that's correct, Mr. Mayor. And I did make sure that all of our officers, our sergeants, our corporals, we've been doing training on this. We're aware of the changes in the law. We're staying on top of it should anything be updated. Um, and I should point out that it doesn't um preclude like if somebody's
carrying a firearm, they can't threaten someone. I mean, the law still prevails over things like that. I mean, they as long as they're being calm and there's no issues, otherwise that would be another issue.
Well, once again, thank you for all you do. Is there anything else for uh public safety? Any other questions? Uh the only other thing I wanted to mention, I don't know if anybody's seen uh just so you know, we've been putting a drone vehicle out uh overnight for the last roughly a month, mostly in the south of town where
our ungated communities are in order to deter any criminal activity that may happen at night. So you might see that out there. We remove it during the day and put it out again at dusk. Great. Perfect. Yes, vice mayor.
I I get the sense that uh people drivers along A1A are getting more accepting of a 35 mph speed limit. I don't have people right rid right rid right rid right rid right rid right rid right rid right rid right rid right rid right rid right in my bumper in the southern section of town. I'd be curious as to what the opinion in you and the chief is
on that. Is it is that getting better or Absolutely, Mr. Vice Mayor. As a matter of fact, one of the other things we did uh the last three weeks we've had our traffic enforcement sergeant. We changed his hours and days up. So, he's actually been outs rather than during the day. Normally, he would be out there from 7A
to 5P. We actually changed him up from 12p to 10p. Um, and we actually changed some of the days. So, he's kind of interspersed without um so that there's no nobody gets a hint of, oh, these are the times he's out there. Let me slow down. Um, okay.
In that time period, uh, which I believe it started September 9th until now, I just checked it this morning. I want to say he's only had 14 stops. And it's not for lack of trying. He's out there. Um but I do believe uh actually I'm sorry. I think it was half of that. I think it was about seven stops. Not for lack of
trying. It's just we're not seeing it as much anymore. And the speed trailers help as well. There's one in the south and there's one in the north. Okay. Generally generally what percentage of stops lead to a warning as opposed to a citation. I don't have the exact number sir, but I
would say probably 70 to 80% are warnings. Most are, you know, residents or or uh state residents and we tend to give warnings the first time. All right. And I also noticed that uh
the my car that did not have the uh the database, you know, showing the speed limit going down now does. So, uh no longer an excuse for anybody who uses Pivy Pro. Uh but it took a while for that to to recognize that the speed limit was no longer 45, it was 35. So uh
we you know I what what's your phrase? You know, educate um encourage and then enforce. So you know I think it's paying off. So thank you for thank you for your patience with our public and thank you for all you do. So thank you Mr. Mary. Thank you. All right. Um
Mr. wake up. Can the business simply put up a sign saying no firearms inside? Is that what I read? I believe they can. It has to be across the board. Actually, it's probably not a good idea
for the officer to be giving legal advice on the scope of Yeah. So, um, did you have question otherwise can a business put up a sign, please do not enter with firearms? And it's probably not a good idea to ask me as an elected official either. Uh this
is this is an area that's in flux on it. That that's an area that's in flux and you know the town attorney is going to have to give us guidance on that. So uh Mr. Mayor, I I I would agree with you. There there is no clear-cut rulings on this. Clearly the purview of what the
ruling at the first ECA was is applicable to public areas. So, I I would encourage this gentleman to consult with his council and coordinate with us. Um, we certainly want to make sure everybody's in a safe position, right? So, you know, to to take to put
it in just practical terms, uh, if we give legal advice to somebody and they follow it and it turns out wrong, we're liable. So, they're going to have to they're going to have to consult their own legal counsel and u then they can ask us, is this against any ordinance in the town? And we can reply, no, it's not. So, that's how it's going to have
to go. I believe I read somewhere on your private property, you can restrict somebody from having to be done. Yep. Well, um, that's something that they're that's something that they're going to need to figure out, you know, with their own legal counsel. We cannot advise on that. You know, some some some
court tomorrow could could decide that what you read in the paper is wrong. So, and then we've given advice that's that's wrong on that. So, unfortunately, we can't do it. Um, thank you very much. Thank you, Mr. Mayor. All right. And thank you for the question, Mr. White. All right. Town attorney.
Mr. Mayor, I have nothing else to add. I'm happy to answer any further questions on this or any other issues. Okay, that answer any other issues. That leaves you wide open, but we'll just move on. Um, town manager feeling we time crunch. So, town manager report. Yeah.
Uh, nothing additional. Just to uh note that though it is um September um we've uh anecdotally seen a few uh car carriers um already for uh you know for people returning. So uh I for whatever
that's worth I think it's uh it's noteworthy in terms of all of our um uh appreciation of maybe the difference and how people are coming back and how long they're staying uh and as opposed to you know maybe what we've seen in in decades past. But, uh, other than that, I don't
have anything else, uh, other than what was previously reported. All right. Thank you. Um, we'll move to council and committee reports. Um, Councilman Dne, do you have any meetings you've attended? Again, it's the summer, so the meetings were winding down.
There was there was no League of meeting this time. Okay. I can faithfully report that the utilities commission was meeting was cancelled. Okay. That's That's a pretty good prediction. Do they ever have a meeting anymore? I mean,
in October coming up. Amazing. I I mean, there they are. There's a lot of construction going on over at that new plant location. And at some point, they were talking about raising $75 million in a short-term loan. So, I
haven't heard anything on that, but uh where, you know, where they're getting the cash from. So, uh maybe I'm sorry. you just want may maybe they're waiting for uh the finalization of their audit report to be
able to go to a bank and get a short-term loan. So, that's possible. So, all right. Well, thank you for those comments. Um uh I I would not take a bet on DraftKings uh as to whether or not the the fall meeting will happen with the utilities commission, but uh all
right. Um, as for me, Treasure Coast Council Local Governments was the only one of my committees that met last month. Uh, South Florida Water Management gave a very interesting uh presentation. Um, you know, most important among the items
were uh the responsibilities that the water district has for water supply, uh, water quality monitoring, uh, ecosystem restoration. So, I unbeknownst to me, the water districts now have expanded jurisdiction to deal with some things. Um, not sure they got more money to do
it. And they're in charge of python elimination. So, only because I love technology am I telling you this because I think it's pretty darn cool. They have robot rabbits that they've deployed into the Everglades to um lure the snakes out
and then make it easier for them to be trapped and removed. Um, I asked if uh um drone hawks are coming and they said I was never make a joke that you don't know the answer to. It's like cross-examination. Don't ask a question.
They said they said, "Well, we can't say they're going to look like hawks, but yes, they are coming." So, um so looks like there's a solution in on the horizon for the python uh proliferation. Uh blue blue green algae. Uh we've had a better than expected year. So, um,
that's good to know because it seemed like it was pretty hot. Uh, I will leave these these notes with, uh, the town clerk if anybody wants them and you can, uh, feel free to contact Sher Mccoral, South Florida Water Management District representative, who said she welcomes
all in any comments and questions and inquiries. So, that's it for me. Okay. There was a meeting of the beach and shurers preservation advisory committee and uh during that meeting uh they announced that sector 5 uh beach
replenishment is going to be starting soon at the very south end of our town is sector 5 starts going to be starting at range monument number 72. So that'll start after turtle season. And speaking of turtle season, it has been a record
year. You usually what happens is you have a very strong year one year and then it dips the following year. That has not been the case this year. And if anybody walks the beach uh along our sector 4, you can see that the turtles love the new dunes. They've been climbing up and beating them up pretty
good, like little mini bombs exploding. So they uh they they they like them. So uh so that's it for me. Nothing to report. All right. Terrific. Uh now's the time for the public. Um, Mr. W, do you have
something to to add? Yeah, you can. We We know who you are and we know where you live more importantly. So, everybody else, two things. One, this morning, we have a traffic problem.
I tried to get out of Bermuda Bay this morning and center lane was filled with cars. I couldn't cross over. They're going north to turn into John's Island. They parked in the center lane and I'm coming out. I couldn't get across.
Finally, a car truck moved back and another car move forward and I I spun through, but then I couldn't see oncoming traffic. It's been a following time before. We had the police there last year directing traffic. Sorry to interrupt. Are these are these workers entering John's Island or Okay.
St. John's Island going northbound entering on the west side. Now the east side is closed. So that used to block our entrance also but now it's still the center is blocked with cars parked. So I would hope we could get the police
back out there and in the morning this like quarter after 7 8:00 becomes a problem and it's quite dangerous. I had to stick through. I I couldn't see oncoming traffic. I was lucky I got through. All right, chief chief public safety will work on that with John's
Island security hopefully and we can John's Island security doesn't have any problem. They say, "No, that's not our problem." Well, I I understand that, but you know, they've been they've been helpful to us in the past when we explained to them, you know, what we're what we're trying
to do and getting the word out among the um among the workers and the word filters down. So, that's the process we used last year. So, let's let's give it a shot and see how it goes. You have a second item. Yeah. Second item is regards to the uh maintenance building
that being built in John. I talked with the building official on it. Unfortunately, Fred's not here today. They have a communications tower. On the original plan for that building, they taking down their communications
tower on the plan. And on the new plan for the new building, it did not show a communications tower going up. And there's a communications tower there now that by estimate is at least 70 to 80 ft high much higher than the old tower was
there. And I believe it's not legal. It's supposed to be more than 35 ft high. I think if I remember right and it has to be camoufl and the other thing about that building
it's in commercial building. Correct. However, it's in residential zone area because there are variance often for I'm sure can answer that question for me. But it's
the building is a commercial building. It's been in large. It took down a lot of trees were necessary to take down and it's very visible now. Although it's a very nice looking building, don't get me wrong, but there's also been parked there these um storage containers,
shipping containers. I don't think we allow that either in our town. I don't know if they're just for the construction, but I believe they were there before also. Oh, all right. So, um Mr. Harpin, can you get with Mr. are held and just kind
of do a survey of what's going on tomorrow and then report back to council and I'll look at it tomorrow and uh case first impression for me I not I'd not heard it before so I'll uh right that's terrific that's why we have public comment so he can bring bring it up to you and then he'll get back to you
once he's done his investigation one other thing on that we had that similar tower on a police building and before even the cell tower went up we had taken it down because it was an eyes sword at that
point in the police department wasn't even using that tower anymore either and I don't think they need a tower anymore nowadays with cell phones why would you need local communication but the tower is unsightly I mean I guess very
unsightly and I'd like to see what stories happen then again the zoning problem is a commercial building allowed to be on residential zone property Yeah. Okay. So, as I as I said, we'll we'll have we'll have a survey of the
issues you raised done and then we'll get back to you and he'll get back to council to us and let us know what's going on with it. All right. So, um appreciate it to your attention. Yeah. Thank you. Really do appreciate it. Thanks. All right. Is there anything else? If
not, we are adjourned until 5:01 p.m. And we will start promptly at 5:01 p.m. All right. Part: 2
All right, we will call the uh final public budget meeting of the town of Indian River Shores to order. Tuesday, September 23, 2025 at 5:01 p.m. Uh the call to order will wave the invocation pledge of allegiance. This was done at the prior meeting. Can you call the
role, please? Mayor Foley here. Vice Mayor Carroll. I'm sorry. Vice Mayor Alwater here. Council member Carroll here. Council member Alieri here. Council member Dne here. Let the motion Let the record show all in attendance.
All right. Item two about that. Wow. Excellent. Item two. A. The town of Indian River Shores proposes an aggregate mill rate of 1.2810 per $1,000 for the fiscal year 2025 2026. To B. The proposed millage
rate of 128 1.2810 is necessary to fund the expenses included in the budget and is 4.51% higher than the roll back rate of 1.2257. C the 2025 2026 proposed general fund budget is 10,430
$430,738 which is 3.77% lower than last year. D the other funds in the 2025 2026 budget are proposed as follows. D1, roads and off-site drainage fund, $114,200. Two, solid waste and special assessment
fund is $337,329. And three, planning, zoning, and building fund is $955,876. Item three, receive a public comment. Is there any public comment? There being none, we will move to item four, which is adoption. Uh, Mr. Town attorney, can you kindly read the proposed resolution
25-11? Yes, sir. Mr. from Mayor Town Council. This is resolution 25-11, a resolution of the town of Ines Resource, Florida, adopting the final levy of advalor taxes of 1.2810 mills for fiscal year 2025 2026, providing for funding operating expenses
during fiscal year 2025 2026 and providing for an effective date. All right. Is there any discussion on this item? No further public comment seen. A roll call vote, please. Mr. Mayor, a motion. Is there a mo? Is there a second? All right, motion to
second. Roll call vote, please. Mayor Foley, I. Vice Mayor Atwater, hi. Council member Carroll, I. Council member Alieri, I. Council member Dayne, I. Let the record show the motion passed unanimously. All right. Item 4B, if you can kindly
read proposed resolution 25-12, Mr. Town attorney. Thank you, Mr. Mayor. Resolution 25-2, a resolution of the town of any annual shores, Florida adopting the final budget for the fiscal year commencing October 1, 2025 and ending September 30th, 2026, providing for effective date. All right. Is there any further discussion? Absent which we will have a
motion in a second, please. Motion to approve. Second. All right. Roll call vote. Mayor Foley. I. Vice Mayor Atwater. I. Council member Carroll. I. Council member Alieri. I. Council member Dayne. Hi. Let the record show the motion passed unanimously. Is there any further
business? There being none, we are adjourned.