#5(a) CITY COUNCIL MEETING May 16, 2024 - 7:00 P.M. MINUTES 1. CALLI TO ORDER: Mayor Tyson called the meeting to order at 7:00p.m. Member Renick, City Manager Mathes, and Mayor Tyson 2. ROLLCALL: ABSENT: PRESENT: Council Member Herrera, Council Member Salgado, Council Member Hernandez, Council ALSO, PRESENT: Utility Director Kevin Burge, Public Works Director Andy Shelton, Building Director Kevin Klopec, Grant Administrator Laura Hammer and Police Chief Touchberry. 3. PLEDGE OF ALLEGIANCE: The Pledge was recited. 4. INVOCATION: Mayor Tyson gave the Invocation. 5. APPROVAL OFI MINUTES:(a) City Council Meeting ofl May 2, 2024. MOTION by Councill Member Renick SECONDEDE by Council Member Hernandez to approve ther minutes for the City Council Meeting May 2, 2024 ALL AYES: MOTION CARRIED 5-0 6. PRESENTATION: (a) Life Saving Medal to Officer Steven Hellyer. Chief Touchberry stated that he wanted to recognize one of the Fellsmere Police Officer's for what is arguably the most important service they can provide in public safety andi that is saving a human life. On April 9th, 2024, Deputy Ayers was experiencing the onset of as stroke and! because of Officer Hellyer's prompt and alert action Deputy Ayers personally credits Officer Hellyer as saving hisl life. Chief Touchberry presented al Life Saving Medali to Officer Steven Hellyar. He added that Officer Hellyar willl bel leaving the Felismere Police Department because he has taken aj job with thel Indian River Shores Public Safety. He willl ber missed, and his vacancy has already beeni filled. The City Council and audience rose to give Officer Hellyar a standing ovation. Officer Steven Hellyar thanked all fort the recognition and proceeded to take a photo with Mayor Tyson. 7. PROCLAMATION: (a) National Police Week Mayor Tysoni infroduced thel Proclamation and Attorney Perez readi iti ini its entirety. Police Chief Keith Touchberry thanked Council for honoring law enforcement officers that have made the ultimate sacrifice in the line of duty and recognizing! National Police Week. This year, they lost three livesi int the line of dutyi in the State of Florida, and one police canine. Lasty year whenhe was thel President of the Florida Police Chiefs Association, he had the solemn duty of representing the association at the funeral service for one of those fallen officers who happen to be a Police Chief. The Police Chief was from as small rurali town, Jasper that isi in Hamilton County. He was coming out of his homet to assist officers and a couple of deer went out in the roadi in front of him and eh crashed and burned into a tree. It was al horrible wreck. Police Chief Keith Touchberry represented; the association at that service for him and met his wife and on behalf of the FPCA he will never forget that. He thanked Council for truly Officer Jesus Guzman and Officer David Dozer accepted the Proclamation and thanked Council for appreciating support to all Police Officers. their support. 1 8. PUBLIC HEARINGS: (a) ORDINANCE NO. 2024-20/AN ORDINANCE OF THE CITY OF FELLSMERE, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE PLAN/ANDFUTURE LAND USE MAPS SERIES AS REQUESTED BY MARIAN ESTATES, AMENDING THE TEXT OF THE COMPREHENSIVE PLAN CHAPTER 1.F FUTURE LAND USE ELEMENT, GOAL FLUE A. LAND USE OBJECTIVE FLUE A-3 INFILL DEVELOPMENT AND REDEVELOPMEN, POLICY FLUE A-3.2. OVERLAY DSTRICTBOUNDARES ANDCHAPTER 1. FUTURE LAND USE ELEMENT GOAL FLUE B. FUTURE LAND USE MAP OBJECTIVE FLUE B-5 GARAFOLO; FURTHER AMENDING THE FUTURE LAND USE MAP TO ADD 10.34 ACRES MORE OR LESS AS CR512 OLDTOWN OVERLAY DISTRICT; PROVIDING FOR RATIFICATION; AUTHORITY; COMPREHENSIVE PLAN TEXT AND MAP AMENDMENT; TRANSMITAL PHASE; ADOPTION PHASE; TRANSMITTAL OF DRAFT PLAN AMENDMENT AND FINAL ADOPTION DOCUMENTS; COMPILATION; SEVERABILITY; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE./ 2nd Reading and 1st Public Hearing for May 16"h, 2024at Mayor Tysoni introduced the Ordinance and Attorney Perez, read Ordinance No. 2024-20 by title only. Manager Mathes statedi that at ther request of Mr. Dill, hel has coordinated with the applicant to request 7:00pm. a continuance of this public hearing until. June 6. Being noi further discussion Mayor Tyson entertained ar motion. MOTION by Council Member Renick SECONDED by Council Member Herrera to continue the Public Hearing for Ordinance No. 2024-20 to. June 6,2024 at 7:00 pm, Council Chambers 22: S. Orange Street, ROLL CALL: AYES: Council Member Herrera, Council Member Salgado, Council Member Hernandez, Fellsmere, Florida. ALL AYES ALLAYES MOTION CARRIED 5-0 MOTION CARRIED. 5-0 Council Member Renick and Mayor Tyson! NAYS: None City Council recessed and reconvened as the Board of Adjustments (b) RESOLUTION NO. 2024-30/ A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF FELLSMERE, INDIAN RIVER COUNTY, FLORIDA, GRANTING A VARIANCE FOR LOT AREA, LOT DEPTH, FRONT SETBACK, ANDSIDEWALKCONSTRUCTIONI REQUIREMENT ALONG NORIHWILLOWSIREEL, ALL FOR THE PROPERTY OWNED BY ANTHONY B. BROWN, SR. LOCATED AT 1005 VERNON STREET; PROVIDING FOR RATIFICATION; FINDINGS REQUIRED; APPROVAL OF VARIANCES; CONDITIONS OF APPROVAL; REPEAL OF CONFLICTING PROVISIONS; SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE./ jst Reading and Public Hearing for May 16"h, 2024 at 7:00pm. Chairman Tysoni infroduced thel Resolution and. Attorney Perez, read Resolution No. 2024-30 byt title only. Manager Mathes stated that as ar result of the applicant's failure to provide their notice requirements there was ar request for continuance of this public hearing until. June 6. Being not further discussion Chairman Tyson entertained a motion. MOTION by Council Member Renick SECONDED by Council Member Herrera to continue the Public Hearing for Resolution 2024-30 to June 6,2024 at 7:00 pm, Council Chambers 22 S. Orange Street, Fellsmere, Florida. ALL AYES MOTION CARRIED 5-0 City Council recessed as the Board of Adjustment and reconvened as the City Council. 2 (c) RESOLUTION NO. 2024-32/ A RESOLUTION OF THE CITY OF FELLSMERE, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF CONDITIONAL USE PERMIT AND: SITE PLAN APPROVAL FOR ONE (1) MOBILE FOOD' VENDING UNIT OWNED BY ANTHONY B. BROWN, SR. AT 1005 VERNON STREET; PROVIDING FORI RATIFICATION; CONSISTENCY WITH THE COMPREHENSIVE PLAN ANDI LAND DEVELOPMENT CODE; APPROVAL OF CONDITIONAL USE PERMIT AND SITE PLAN: CONDITIONS OF APPROVAL; REPEAL OF CONFLICTING PROVISIONS; SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE./ Ist Reading and Set the 2nd Reading and 1st Public Hearing for May 16'h, 2024 at Mayor Tyson introduced the Resolution and Attorney Perez, read Resolution No, 2024-32 by title only. Manager Mathes stated that this is related to the prior item and again because the applicants are missing the notice requirements, they have requested a continuance of this public hearing until. June 6. MOTION by Council Member Renick SECONDED by Council Member Herrera to continue the Public Hearing for Resolution No. 2024-32 to June 6,2024 at 7:00 pm, Council Chambers 22 S. Orange Street, 7:00pm. Beingr noi further discussion Mayor Tyson entertained ar motion. Fellsmere, Florida. ALL AYES 9. PUBLIC COMMENTS: MOTION CARRIED 5-0 Mayor Tyson asked if anyone else from the public had a comment to state their name and address for the record, seeing and hearing nonel he continued with ManagersMattes. 10. MANAGER'S MATTERS: Chief Touchberry continued with his matters. ACH Payments now available (direct account withdrawals)- The City is putting a notice on this week's water bill, sO it will be available with next month's payments. This allows them to have direct Utility Land Purchases east of Water Plant - He asked for permission to continue researching the purchase ofl land east of the water plantf forp potential future utilityneeds. Itisu unrelatedi tot the 97th Street project. Andi ifi iti is something that we doi find worthy of purchasing ity would bei through the utility fund, theyy woulds start with a wetland delineation, because obviously, there's wetlands, thec city doesn notr really want it. Andi that's permission to continue down that path. Iti is about at two-acre property immediately Cemetery Code Changes- The City has had some requests for some dual burials and the current Memorial Day Celebration, 5/27 at 8am - This will be held at thel Kiwana'sPark corner of CR512and City Hall Technology updates starting 06/03/24 - The Council Chambers will have sound amplification! byr mid-June. Andi the City willo alsol havei the Council Chambers connected to alli the other shared rooms in City Hall, the auditorium andi the community room in case there's overflow, there will Mayor Tyson stated that he wished more people from the city would show up for the Memorial Day service, they have that every year. They have it down now where the service lasts about 15 minutes, they get the Honor Guard from Sebasfian, they do the 21-gun salute. They have a bugler; it is ar nice ceremony that only lasts just a few minutes. He invited all to come out. He would like to see more Manager Mathes stated that he shared an updated list of all active capital projects. Hej just wanted to highlight there are three projects that are on hold because of the federal injunction on wetland permitting. The trailhead preserve phase two, State Street Reservoir Expansion, and the Rail Trail Broadway State Park, all of those have minor wetland impacts. Some of those may be federal jurisdiction.. Andi the Cityhadi to basically reapply directly to thel Federal Governmentin instead of through withdrawals from their bank accounts. east of the water plant. Council agreed. code does speak to that to some degree, but there needsi to bes some cleanup. N.Broadway! St. FACT5/17/24 at 9am, Auditorium be able tol heari fromi those rooms as well. participation. 3 the State of Floridal because of that courti injunction. The Cityi is working with theirs grantors tol keep them upi to speedi there. 11. MAYOR'S MATTERS: (a) Grants Report (b) Police Department Report -April c) Public Works Department Report April (d) Water System Monitoring Report Mayor Tyson stated that he thinks they are doing pretty good under the circumstances, they are under a lot of pressure right now with complaints and our neighbors out the county. They are wanting us to jump throughhoops and they want us to stop our progress and the Cityi is not going to dot that. They are going to have to leam to live together. There are a lot of things happening, and his heart goes out to everybody that works in the City because he knows everybody is going to be busy and they have not even really started yet. He did ask Mr. Paladin if he had an idea when they would put the first shovel in the ground and his response was hopefully by. January. He also asked him about thet traffic, and his plan ist tos sell the first 100 houses and they will take the impact feet from that and that will start widening the Manager Mathes added that they would be widening the road from Park Lateral to Willow. But at that same timeframe, the City would hopefully be finishing the 97th Street, which will come all the way out and then turn south and connect to 512. That street ist behind the clinic. And that would give a parallel route. Iti is all part of the City's master plan, which they have int their comp plan, they have master plan of allt the major roadsi thati they willl be having int thet futuret tol handle the growth. Andi they willi implement Mayor Tyson stated that he and Maria attended the Treasure Coast Regional League of Cities! Luncheon inFort Pierce. They never can get ourl legislators, butt their staff always comes out and givest themupdates road. them as they need them and as they can afford them. on whati is going on. 12. COUNCIL MEMBER'S MATTERS: Council Member Herrera- He: stated he had no matters. Council Member Salgado- She stated he! had no matters. Council Member Hernandez - She stated hel had no matters. Council Member Renick - Hes stated he hadr no matters. Rhodeback are at a conference and thati is why they are not present. 13. CITY ATTORNEY'S MATTERS: Attorney Raul Perez reminded Council that Attorney Dill and Attorney MOTION by Council Member Renick SECONDED by Council Member Herrera to remove item #1 14(c) from the Agenda. ALL AYES 14. NEW BUSINESS: MOTION CARRIED 5-0 (a) Approvald lofWork Authorization #2 with Renker Eichl Parks Architects for architecturai services related Grant Administrator Laura Hammer stated that architect Paul Palmer is already providing services under ap proposal that Council approved on January 4, 2024. He is working to provide updates and compliancet for building code changesi inconnectiont to threey previously designedr railroad structures down ati the train village, the machine shop, warenouse, blacksmith: shop and he is also designingo a passenger: station which is at forth structure signed and sealed construction documents, budget cost estimating, permitting, bidding services for thei improvements in the recreated train village project. Hei is under master contract at this point. And with the portion that talks about the cultural facility to the Recreated Train' Village project. 4 funds being awardedi ins summer 20241 Is correct, they have been awarded. Unfortunately fort the City grants, numbered and rank number one through 15 will be funded anything with a higher number than that will not get any grant funds this year. The City anticipated that that might happen, she believes the City was ranked 26 or 28. Andi the City had made alternate plans in case they did not receive the grant funding. Later, The City may later want to ask for some money using local and ARPA funds. But at this point at the City's request, alterations were made to the original scope of Paul Palmer's work. And that resulted in the need for additional design services. He submitted his proposal and the amount of $6,140. The design changes will rotate the machine shop to fully relate to the adjacent outdoor space to make more opportunities for outdoor use, and it also allows for Manager Mathes added that they willl be coming back to Council to seek permission to construct what they can afford to construct with local funds and potentially offer funds, but City Council will have a tough decision to make because they will not be able to cobble together enough money to do all of them. They willl have to pick which one is most important for them and they cannot just pick a building because once they pick a building, they also have to pick the site infrastructure to support that building. Thisi itemis a change orderi the work ordert to allows some minor design changes which they think are important because they are creating and designing an outdoor space between the Section Forman's house which is out there, and the Machine Shop is going to be a high-quality outdoor space to expand the use opportunities of the Machine Shop. Ift thati is going to be a community center let us create some outdoor space next to it that can further expandi its use Manager Mathes responded that it would be the Blacksmith Shop or the Warehouse. That has a separate pot of money of $30,0001 that was given to the City by. Johnny Perez but that will probably not be enoughtodo alli that building. He estimates the costf for thel building tol ber nol lesst than $50,000 placement of afuture electronic message board. and its ability. Mayor Tyson asked which one wills store the generator. andr no more than $100,000. Being noi further discussion! Mayor Tyson entertained ar motion. MOTION by Council Member Herrera SECONDED by Council Member Salgado to approve Work Authorization #2 with Renker Eich Parks Architects for architectural services. ALLA AYES MOTION CARRIED 5-0 (b) RESOLUTION NO. 2024-53/ Al RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FELLSMERE, INDIAN RIVER COUNIY,FLORDA, AUTHORIZING THE SUBMISSION OF A GRANT APRICAIONIONEPORDA DIVISION OF CULTURAL AFFAIRS CULTURAL FACILITIES PROGRAM REQUESTING $300,000 FOR THE FELLSMERE HISTORIC TRAIN VILLAGE, AND FURTHER AUTHORIZING AN AMOUNT OF $300,000 AS THE Mayor Tyson introduced the Resolution and Attorney Perez read Resolution No 2024-53, by title only. Grant Administrator Laura Hammer stated as mentioned, when we were speaking of item A, in anticipation of the announcement of funding, and knowing that the date that they were running up against in order to apply for this application, that they must have the application in by June 3, She prepared this Resolution and request to Council that they! have an opportunify to apply for the Florida Division of Cultural Affairs cultural facilities program for the train village. And this will be the Manager Mathes added that thet first attempt the City was successful, but they had to give it back about 10 years ago. Second, Third they were not. The unique part about this and if there is an approval, he would like the approval to acknowledge that the local match will be a combination or one of the other infrastructure or ARPA. Because if Council chooses to go locally, since they did not get iti the grant this year, they are going to spend the $300,0001 they have now set aside in ARPA CITY'S REQUIRED MATCHING FUNDS. City'sfourth attempt at grant funding. 5 for that it will not be then available ifi they get the grant next yeari to do the rest of the buildings. If they use it now it will not be available, then. He wants to have the flexibillty to use either ARPA or infrastructure depending on how Council makes their decisions going forward. Being noi further discussion! Mayor Tyson entertained ar motion. MOTION by Council Member Renick SECONDED by Council Member Hernandez to approve Resolution No. 2024-53. ALL AYES MOTION CARRIED 5-0 (c) Approval of changes to multiple sections of Part 1-S Standard Operating Procedures.- (d) Approval of Kimley Horn Proposal for creation of required Water Supply Facilities Work Plan. Manager Mathes stated that there is a State requirement that at any time the State updates the Statewide Water Supply Plan the City is supposed to update their water supply plan. The City has done this once before, back probably 10 years ago when they made their last major update. The Cityi incorporated: some references ini their Comp Plan. Ands soi thati is basically what they havet to do again, but they really dor not actually have a document that is a water supply plan for Fellsmere SO they are going to go ahead and take this opportunity to prepare their own water supply plan that will be consistent with the State Water Supply Plan, but it will be the City's supply plan. And then obviously, they willr make amendments to the Comp Plan as required bys statel law to incorporate the state's stuff.. And this bet the City's first time doing at formal water supply plan. They always do water supply parts of the permits for City's water plant, but they have never really had a standalone documents. Thisi isj just more transparency, more education for our public and others about howi the City deals with utilities and water supply. This will be funded through the water fund water Item was removed from the Agenda. department at about $55,700. Being no further discussion Mayor Tyson entertained ar motion. Horn Proposal for creation of required Water Supply Facilities Work Plan. MOTION by Council Member Renick SECONDED by Council Member Salgado to approve Kimley ALL AYES MOTION CARRIED 5-0 (e) Award proposal and authorize Mayor to execute contract with sole bidder Dickerson! Florida for the Grant Administrator Laura Hammer stated that in. June of 2023, the City entered into an agreement with the State of Florida Department of Environmental Protection for a grant to fund the City of Fellsmere Stormwater Improvement Projects. This project entails constructing a swale stormwater management system for certain north south alleys within the historic plat of Fellsmere to treat stormwater and provide additional flood mitigation. The grant award is $1 million with no grant, an RFP for design and construction of alleyway grading was issued on March 11,2024. Dickerson! Florida was the sole bidder. The sole bid is acceptable to staff. The Florida Department of Environmental Protection stated that a single bid is sufficient under their bid requirements. The City has confirmed that Dickerson Florida is in good standing regarding debarment. She asked Council to approve Dickerson as the sole bidder, sO they may issue a notice of award and authorize the Mayor to sign Alleyway Grading. (Grant. Awardi is $1,000,000) the contract. Mayor Tyson asked which alleyways willl be done. Manager Mathes responded that one oft the grants is thel Northwest quadrant andt the other is doing the Southeast quadrant because Public' Works Director has indicated those are the worse swalesi in 6 town. There are at few places that they City has approved alleyway driveways or alleyway garages. Obviously if they run into those with these projects, the City will have to tweak around it because Council Member Renick askedi ift there are going to be alot of trees removed and structures. Manager Mathes stated that the alleys are, pretty clean. The City does have an allowance for tree removal ifi they run into that.. And they do have an allowance for modifying the section if they run intol like an ATT cabinet or something like that and they have addressed thati ini the contract. Grant Administrator Laura Hammer stated that Dickerson attended the pre bid meeting and they did drive around and showed them the alleys. And they indicated to them thati they plan to come back in their own time and basically inspect the entire project. She thinks their bid was fairly Manager Mathes stated that the hardest part of this project is digging a swale and a 50-foot wide they cannot take away rights the City has given. accurate. right away and getting the dirt out while you are doing it. Council Member Renick asked who will be responsible for the maintenance. Manager Mathes stated the Citywouldbe, they already mow buto alleyways all become unmowable during the wettest part of the season. Even if we improve the flow andi the drainage, they are just too wet. The City mows when they can but there are some months of the year, they just get unmowable because ofi the watert table. Being no further discussion Mayor Tyson entertained ar motion. MOTIONI by Council Member: Salgado SECONDED by Councill Member Hernandez to award proposal and authorize Mayor to execute contract with sole bidder Dickerson Florida for the Alleyway Grading. ALLAYES MOTION CARRIED 5-0 () Award proposal and authorize Mayor to execute contract with sole bidder Dickerson Florida for the Grant Administrator Laura Hammer stated that in. July of 2023, this City entered into an agreement witht the State ofFloridal Department of Environmental Protection! Resilient Floridal Programf for agrant to fund the City of Fellsmere Flood Resiliency. Adaptation Alleyway Grading. This project also entails for grading and restoring alleyways to improve drainage. This grant award is $850,000 with a 50% match the previous grant that Council just approved, the Florida Department of Environmental Protection grant int the amount of $1 million will: serve as that required 50% grant match. An RFP and ity was actually the same RFP, the City got permission from both grantors to combine their grant bids into one RFP a design and construction RFP, there only caveat was that they keep the funds and the geography of the alleyways separate. That is another reason we broke it down into the quadrants we did rather than one large area. She was very pleased that the grantors were willing to work with the Cityt to thate extent because they could! have refused, andi the City would have! had to go out and do twol RFPS and get two contractors andi it would havel been much more involved. And it may be a litfle more work for Claudia the Finance Director, but she is going to sit in at the initial preconstruction meeting and ensure that the contractor understands howi to submit the bills sO that everything will run al lot more smoothly. The sole bidi is acceptable to staff and the State of Florida Department of Environmental Protection Resilient Florida stated that a single bid is sufficient under their bid requirements. And as stated before, the City has confirmed that Dickerson Floridais in good standing regarding debarment. Staffi is asking Council to approve Dickerson Florida as the Alleyway Grading. (Grant. Awardi is $850,000) sole bidder and authorize the mayor to sign the contract. 7 Being no further discussion Mayor Tyson entertained a motion. MOTION by Council Member Hernandez SECONDED by Council Member Renick to award proposal and authorize Mayor to execute contract with sole bidder Dickerson Florida for the Alleyway Grading. ALL/ AYES MOTION CARRIED 5-0 (g) RESOLUTION NO. 2024-52/A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FELLSMERE, INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION TO THE FLORIDA LOCAL GOVERNMENT CYBERSECURIY FY 24/25 GRANT PROGRAM; AUTHORIZING THE MAYOR TO Mayor Tysoni introduced the Resolution and Attorney Perez read Resolution No 2024-52, by title only. Grant Administrator Laura Hammer stated that is seeking approval of Resolution 2024 52, which authorizes the Mayor to execute the grant agreement for the Florida Local Government Cybersecurity Grant Program and authorizes the City Manager or his appointed representative to execute grant amendments and other grant administrative documents that will allow the city to accept soffware, services ands solutions that wille enhance the city's cybersecurity posture to protect ourinfrastructure and data. Thisi is a programt thati iss sponsored! byt the State ofFlorida. Itisini itss second year; the City applied and goti the grant last year, but the notification never got tot the City and the City didr not receive: thet benefits ofi the grant. The Cltyisreapplying: this year, ini fact, the City actually already applied, apologies to Council due to the tight application timeline for the grant the application was submitted in expectation of Council's authorization. And the attached Resolution provides such application submission authorization. She was not able to provide the City Manager witht the mosti informative scope oft the services that will! bep providedk because ity wasnot entirely clear whatt the grant program will give the City, whati ito appears thatt the City willl bep provided witho asmany different types of soffware that will coordinate with other towns and probably Tallahassee who's overseeing the entire program. The City will be part of a cybersecurifty system that many municipalities are participating in. Unified Techs are in support of the grant application filled out a very! long application giving choices as to which defense software they wouldl like. And she believes that they willl be working withi this program oncei iti isi instituted. She added thati the City of Stuart did get their award letter last year and theyi implemented the software through their IT department and EXECUTE SUCH GRANT IF AWARDED; ANDE PROVIDING FOR/ ANE EFFECTIVE DATE. Stuart is very pleased with the program. Manager Mathes added that Unified Techs isi the City's/T vendor. Beingr noi further discussion Mayor Tyson entertained ar motion. MOTION by Council Member Herrera: SECONDED by Councill Member Salgado to approvel Resolution No. 2024-52. ALL AYES MOTION CARRIED 5-0 (h) RESOLUTION NO. 2024-01/ A RESOLUTION OF THE CITY OF FELLSMERE, INDIAN RIVER COUNTY, FLORIDA, CREATING AN ANTI-FRAUD, WASTE AND ABUSE POLICY FOR THE COMMUNITY DEVELOPMENT BLOCKGRANTDISASTERRECOVERYI PROGRAM; FURTHER PROVIDING FORCONFLICTS Mayor Tysoni introduced the Resolution and Attorey Perez read Resolution No 2024-01, by title only. Grant Administrator Laural Hammer statedi this Resolution! is about creating an anti-fraud, waste, and abuse policy. The city has received ori intendsi to receive a grant award fromt thel Floridal Department of Economic Opportunity Office of Disaster Recovery. They in turn receive funds from the United States Department of Housing and Urban Development. Housing and Urban Development requires AND/ ANEFFECTIVE DATE 8 that recipients of these grant funds develop certain policies and procedures. And one is to detect and prevent fraud, waste, and abuse as a condition of our grant funding. There were many other policies that also needed to be written and adopted. The City's consultant Ronald Vanzant, who does al lot of Cit's Community Development Block Grant Program items drafted those. This policyis one of the things that need to be adopted sO that the City' remains in compliance with the requirements of both the Department of Economic Opportunity and the Housing and Urban Manager Mathes added that the City had donet this many times over thel last 20 or 25 years, the City has received Community Development Block Grants. The City has Community Development Block Grants related policies int their standard operating procedures. Seems like every time the City getsa new grant, there is a new grant manager from the state, and they are looking at something new. Anditisr not like the City doesr not worry about andl looks outf forf fraud, waste and abuse, the Cityj just does not have a policy that says the do. They drafted this up and it is all about protecting whistleblowers and providing confidentiality in your investigation, iti is pretty standard stuff, not too onerous. And again, he does not think they are ever going to need it because they are ethical Development. people here, they do their job right, and should not have to worry about it. Being noi further discussion Mayor Tyson entertained ar motion. MOTION by Council Member Salgado SECONDED by Council Member Hernandez to approve Mayor Tyson stated that they appreciate the Grant Administrator Laura Hammer for all that she is (i) Discussion to provide direction on required action for outstanding code enforcement cases. Manager Mathes stated that he only reports to Council those cases that have actually gone to a violation, he does not bother reporting on courtesy warnings. He discussed that table thati included all cased that have gone to Special Master and also those that are waiting to go. Al lot of the cases are very old. The cases discussed are still not in compliance. And some are more deleterious to the Manager Mathes stated that hei is focused only on the cases that were in bold and continued to discuss the violations and showed photos of those specific cases. He stated that what they usually doi if they get permission from Council to start a1 foreclosure process, whichi is al long process. l'snot like the next day they lose their house, the City usually starts with a letter from the City Attorney's office saying, Hey, it's your last chance, the City has done everything they can to get themi to come into compliance or if they are in compliance to pay their bill, and if they do not then the City will foreclose. Most of thet time they will reach out. He also discussed that ift the home is on homestead they City cannot take there house buti it would be a court order at that point not af foreclosure and they might take a vehicle or a property somewhere else. The City's goali isr not to take their property Resolution No. 2024-01. ALL AYES doing. MOTION CARRIED 5-0 City than others. itist to get them into compliance. Mayor Tyson asked ifi the daily fines are still adding up. Manager Mathes stated that if they do not complaint their daily fines and interest are going up. If they are compliant, their daily fines have stopped, but their interest is still going up. The cases that are 10 years old are going to be over $100,000 or more. In his 15 years with the City this is thet third time he has come to Council asking for foreclosure. He is looking for some guidance and some Council Member Renick stated yes, and Council Member Herrera agreed that they need to start direction. doing something. 9 Council Member Salgado asked in regard to homestead are their people living in the house. And Manager Mathes stated that ifiti is homestead, they are supposed to live ini the house. They had a brief discussion on which addresses had people living ini the homes. Andi in regard to the putting in the water bill he: stated that he thinks that they will get ar more fortunate effect by an attorney letter then they would by the water bill. This issues are not city wide, andi they usually dor not put in water billsi ifit'sr not a city-wide issue. He clarified that just because Council authorizes foreclosure, they are going to be foreclosing and Council will be kept up to speed as this comes in. The first step is the cani they put something ini the water bill. letter fromi the attorney. Being not further discussion Mayor Tyson entertained a motion. foreclosure on thei items in bold on this item. MOTION by Council Member Herrera SECONDED by Council Member Hernandez to approve ALL AYES MOTION CARRIED 5-0 15. ADJOURNMENT: There being no further business Mayor Tyson adjourned the meeting at 8:09 p.m. These minutes were approved by the City Council of the City of Fellsmere this_ day of June2 2024 ellaud hu Snthg MariaF. SuorezsanchezMC Cilyo Clérk CO2D2A0SIAMNUTESDOC 10