#5(a)  CITY COUNCIL MEETING March 21, 2024 = 7:00 P.M. MINUTES  1. CALLTO ORDER: Mayor Tyson called the meeting to order at 7:00p p.m. Member Renick, Attorney Dill, City Manager Mathes and Mayor Tyson  2. ROLL CALL: ABSENT: Attorney Rhodeback  PRESENT: Council Member Herrera, Council Member Salgado, Council Member Hernandez, Council ALSO, PRESENT: Chief Touchberry, Utility Director Kevin Burge, Grant Administrator Laura Hammer, and  3. PLEDGE OF ALLEGIANCE: The Pledge was recited. 4. INVOCATION: Mayor Tyson gave the Invocation.  5. APPROVAL OF MINUTES: (a) City Council Meeting of March7, 2024.  MOTION! by Councill Member Renick SECONDEDby Council Member Hernandezi to approve ther minutes  for the City Council Meeting of March7 7,2024  ALL AYES: 6. PUBLIC HEARINGS:  MOTION CARRIED 5-0  (a) ORDINANCE NO. 2024-15/ AN ORDINANCE OF THE CITY OF FELLSMERE, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE ANNUALUPDATET TO THE TEXTOF1 THE CAPTALIMPROVEMENS ELEMENT OF THE CITY OF FELLSMERE COMPREHENSIVE PLAN; PROVIDING FOR RATIFICATION; AUTHORITY; COMPREHENSIVE PLAN TEXT MODIFICATION: TRANSMITTAL SEVERABILITY; CONFLICT AND PROVIDING FOR ANE EFFECTIVE DATE. /2nd Reading and Public Hearing for March. 21,2024 at 7:00 P.M, City Council Mayor Tysoni infroduced the Ordinance and Attorney Dill read Ordinance No 2024-15, byt title only. Chief Touchberry stated that it is staff's recommendation for Council to approve the ordinance but City Planner Bobl Loring stated thisi is something the City does every year. Iti is ane exercise thati ish handed downi fromt the state and goes to the county andi the county handsi it down tot the local municipalities. What thisi ist the Capital Improvement Plani that bothi the cities ande elements of Indian River County do sO that it creates an environment where they can find common projects where there might be some synergy sO they can leverage monies or projects to get things done. In the agenda packet are pages nine through 12i is the City of Fellsmere's Capital Improvement plan. And what is in there are project stormwater related street related andi those are ongoing projects. Some oft them which have numbers in front of them are projects that are typically bound by a grant, so they are time sensitive. Other projects are just long-term ongoing projects. And they brought this same item to the Planning and Zoning Board last night andi their recommendation: was for approval with the caveat that they want a bigger stake int how projects are brought onto and off ofi the Capital Improvement Plan. Mayor Tyson opened the Public Hearing and asked if anyone in the audience wished to speak on Ordinance 2024-15, hearing no comments he closed the public hearing.  Chambers, 22S. Orange St., Fellsmere, FL.  prior to doing City Planner Bob Loring will give al brief update on the issue.  1    MOTION by Council Member Herrera SECONDED by Council Member Hernandez to approve ROLL CALL: AYES: Council Member Herrera, Council Member Salgado Council Member Hernandez,  Ordinance! No. 2024-15. ALLAYES ALL AYES 7. PUBLIC COMMENTS:  MOTION CARRIED. 5-0 MOTION CARRIED. 5-0  Council Member Renick and Mayor Tyson NAYS: None  Mayor Tyson asked if anyone else from the public had a comment to state their name and address for the record, seeing and hearing none he continued withi the next agendal item. Impact Fee Payment Plans for Small Businesses- While this impact fee is due all at once, the city has no official agreement with the county and! hei is considering that the city willp pay upfront fort thei impact fees, and then collect payments from the businesses that are trying to develop. It's a way to promote the growth and development and easier way for the people to do it. That is an idea that Manager July Council Meeting Date (July 4hConflict)- - City Council agreed to only have one meetingi inJuly. Attorney Warren Dill stated that two years ago, the State of Florida convinced the Army Corps to allow the State of Florida to do alli the wetland permitting. Ith has been ont the books for anumber of years and there are ar number of organizations that are disappointed withi the quality of the state's review oft the wetlands, and they feel that the Army Corps did not have jurisdiction or did not have the authority to Chief Touchberry added that the city is looking at which projects might be affected, and they are talking with our consultants. And right now, tentatively, perhaps the State Street reservoir might be impacted, and thel Preserve bathroom and boardwalks. More will be reported as the learn it, butr right Additional On-Street parking at Grant Park- Iti is ap popular park, andi they are looking at the feasibility ofe expanding on street parking, specifically ont the east side of west Grant Avenue, and also along State Street. They wille explore that al little bit more and come back to City Council. Form 6 due 7/1 = start early! - Just ar reminder for City Council. 4/6 Give a Ruck Event at Buffer Preserve- This is an annual event done! by al local veterans group. And they start in the Buffer Preserve, and they cross over the rail trail even though it is currently under construction, there will be no issues there into the Florida Tech obstacle course, from the north side of the rail trail. Iti is very well attended, and they are looking forward toit. Three of seven radar speed signs have beeni installed (EB Wyoming, SB on N. Myrtle, and SB on S. Broadway)- - He reminded City Councili that they had authorized approval to spend ARPA funds on some radar speeds signs. They have now purchased: seven of them and so far, three oft them have been installed by the Public Works department, East Wyoming, East and Wyoming IS should say, from Pine Street to North pine to North Willow, also on North Myrtle as you head southbound. And as you are heading south on South Broadway from kind of on 512. Andi those signs do collect data and they will be doing monthly downloads of that datas sot they cans see what is going on in those areas. Amending Article V, Sec. 5.3 ofl Land Development Code to accommodate Food truck operations. The state regulates how food trucks operate, buti the city now has some concerns with that operation ands staff arei ini the process of amending Article Five, Section five, three, ort thel land development code to accommodate foodt truck operations. Some issues are the city wants to know ift they are licensed by the state and they want to know if they have permission to operate where they are and they cannot operate as a permanent facility. Once they have a version ready for Council to review, they willl bring  8. MANAGER'S MATTERS: Chief Touchberry continued with his matters.  Mathes is exploring and wanted to bring this tot their attention. The Council Meeting will bes scheduledi for. July 17th, 2024. Federal Wetland Permitting - on hold due toi federal courti injunction.  give their jurisdiction away to as state. That ist the lawsuit is pending.  now, they just want to make Council to be aware.  4/6 Fellsmere Day has been cancelled.  itt to City Council.  2    Community Resource Center update- They had a Community Resource Center event this week at the Heritage Center. And he just wanted to make Council aware of how that event went. It was a kickoff for a capital fundraising campaign. It was pretty well attended, people came, most of them representing localr nonprofit, and community partners thatt they already worked with, there were some other folks that were in attendance that canhelp secure money int thei future. Its served as a way toj just publicly kick off the campaign, create awareness, start dialogue, and move this project to the next Council can attend Ethics training in person in Ft. Pierce on 4/19 from 9a-2p or online before 7/1/24. Chlorination of City water will occur from April 15"hthrough May 15th, - They will advertise this to the community in a variety of ways, they will make sure they puti in a water bill, and they will do something  phase andi ity was a goode event.  on social media. And we will utilize the sign marquee as well. CDD presentation scheduled for Thursday, April 18hat 6PM 9. MAYOR'SI MATTERS: (a)! Police Department Report-February,  An updated list of all active capital projects was shared with all Council Members.  (b) Public Works Department Report-February  Mayor Tyson stated that he attended the Taxpayer's. Associations, andi they had candidates from the County Commission. He also attended the Council ofl Local Government in Fort Pierce. And yesterday  he and Maria wenti to Treasure Coast Regional League of Citiesi in Sewell's Point.  10. COUNCIL MEMBER'S MATTERS:  Council Member Herrera- He stated hel had no matters. Council Member Salgado- She stated! hel hadr no matters. Council Member Hernandez She stated hel had no matters. Council Member Renick - Hes stated he had no matters.  11.CITY ATTORNEY'S MATTERS: Attorney Dillr reminded City Council that at their March 7th Council meeting there was a gentlemanr named lan Welsh, he spoke briefly to the council about his need for space for his organization thath he called Motivational Edge. He was able to speak with him ini regard tot the ciy'snonproff situation that the city hasl leased space to int the building where they city already has two entities. Hee explained to him that the cityi is required to give them notice ift the cityi intends to use that room or take that room awayt from them and he seemed tol be very understanding. Ther most significant thingi that came out was the for-profit status of his company. The city does not have any profits that they rent to andi ifi they do, they are goingt to have to start collecting sales tax. He gavea Chief Touchberry stated that the central question they are asking was cant they city use this space for profit what that would mean for the city andi they were) just waiting fori informationi from the city Attorney Warren Dill confirmed it can be done but for profits would have to pay sales tax, nonprofits dor not pay sales tax. And he did confirmi that they are ai taxable for-profit corporation. This will bet the  brief summary of what they talked about.  attorney. Council's decision.  Mayor Tyson stated that they all willl have to think about that.  Attorney Dill had nothing more to add.  12. NEWBUSINESS:  (a) ORDINANCE NO.2 2023-33/A AN ORDINANCE OFT THE CITY OF FELLSMERE, INDIANRIVER COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE PLAN ANDI FUTURE LAND USE MAPS SERIES ASI REQUESTED BY MARION ESTATES; AMENDING THE TEXT OF THE COMPREHENSIVE PLAN CHAPTER 1. FUTURE LAND USE ELEMENT, GOALF FLUE A. LAND USE OBJECTIVEI FLUE A-3 INFILL DEVELOPMENT ANDI REDEVELOPMEN, POLICYFLUE  3    A-3.2. OVERLAY DISTRICT BOUNDARIES ANDCHAPTER1 1.FUTUREL LANDI USE ELEMENT GOALFLUEB.F FUTURE LAND USE MAP OBJECTIVE FLUE B-5 GARAFOLO; FURTHER AMENDING THE FUTURE LAND USE MAP TO ADD 8.21 ACRES MORE OR LESS AS CR512 OLD TOWN OVERLAY DISTRICT; PROVIDING FOR RATIFICATION; AUTHORITY; COMPREHENSIVE PLAN TEXT AND MAP AMENDMENT; TRANSMITTAL PHASE; ADOPTION PHASE; TRANSMITTAL OF DRAFT PLAN AMENDMENT AND FINAL ADOPTION DOCUMENTS; COMPILATION: SEVERABILITY; CONFLICTS; ANDI PROVIDING FOR AN EFFECTIVE DATE. /Ist Reading and Set the 2nd Reading and Public Hearing for April 18,2024 at 7:00 P.M, City Council Chambers, 22S. Mayor Tysoni introducedi the Ordinance and Attorney Dill read Ordinance No 2023-33, by title only. Attorney Warren Dill clarified that he used the name Garafalo andi that is not before City Council, itis ther name that was used because this ist the name that the city has ont their current Comp Plan. Chief Touchberry stated City Council tasked the developer with reworking some things and they are back here tonight to address any questions or comments. They are looking toi increase units from 320 to 332 and to change the mix of units from 152 Townhomes and 168 single-family homes to 150 townhomes and 182 single-family homes. The Amendment also adjusts the boundary of the overlay district along CR512 to include the frontage of this project into the overlay district. City Council was given the development plan, draft development agreement and draft amendment annexation agreement. The goal is to do the first reading and then set for public hearing on April 18+h, The City Council member asked if he could give al brief summary of the changes that he made. Mr. Paladins stated that hise engineer was also present, and that hel had a PowerPoint presentation that he wanted tos share. Hes stated thati the biggest discussion they! hadl last time was that City Council was against 40-foot lots andi he eliminated the 40-foot lots, he did gol back andr redesigni ity withh his engineer. Wesley Mills, engineer for the Marian Estates project. He stated that pretty much alli the amenities that were presented! int the original project stillr remain withini the project. They eliminated alli the 40-foot lots. They have 60-foot lots aroundi the entire perimeter and thei internal lots are 50-foot lots. They kept the density thiss same; they are still at 332 units. There was an increase in townhomes from the original plan but gets more in line with the annexations agreement. The current design has 1501 townhomes and 182 single family lots, of which 111 are 50-foot single family and 71 are 60-foot. But other than that, the project is the same. One thing thati they will incorporate into construction documents ist the perimeter of the project along the left side and on top, they going to try to maintain alli the existing vegetation and then enhance that to keepi that more of a natural look, the buffer along the bottom that abuts the neighboring properties willl be a freshly landscaped with new vegetation, just because of changes int the connection tot the neighboring properties. He stated he was happy to answer any questions. Mr. Mills asked what are the dates for the public hearings. Attorney Dill confirmed that the Planning and Zoning Public Hearing willl be on April 17th and the City Council Public Hearing willl be on April 18"h, MOTION by Council Member Renick SECONDED by Council Member Herrera to accept 1ST Reading and Set 2nd Reading and Public Hearing for April 18,2024 on Ordinance No. 2023-33. ROLL CALL: AYES: Council Member Herrera, Council Member Salgado, Council Member Hernandez  Orange St., Fellsmere, FL.  developeri isp present ifi they have any questions.  And proceeded toi introduce his engineer, Wesley Mils.  Being no further discussion Mayor Tyson entertained ar motion.  ALL AYES: ALL AYES  MOTION CARRIED 5-0 MOTION CARRIED 5-0  Council Member Renick and Mayor Tyson NAYS: None  4    (b) RESOLUTION NO. 2024-23/ Al RESOLUTION OF THE CITY OF FELLSMERE, INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE EXTENSION OF THE LEASE AGREEMENT FOR CERTAIN CITY OWNED REAL PROPERTY PURSUANT TOS SECTION2-230 OFT THE CODE OF ORDINANCES OFT THE CITY OFF FELLSMERE, FLORIDA, FOR LITERACY SERVICES OF INDIAN RIVER COUNTY, INC.; PROVIDING FOR THE PURPOSE FOR WHICH SUCH REAL PROPERTY WILL BE USED; PROVIDING FOR THE TERM OF THE EXTENSION OF THE LEASE AGREEMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; Mayor Tyson introduced thel Resolution and Attorney Dill read Resolution No 2024-23, by title only. Chief Touchberry stated that item b and C are related to the lease spaces Attorney Dill had spoken about earlier. Literacy has! been leased for a number of years andt that lease is currently expired since September 30,2023.A Ands staff has determinedi that the current conditions cand continuei to! bee extended until September of this year. But the City is increasing their lease rate to $200 a month as opposed to $100. Literacy services will occupy one office with one large room and one additional larger will be shared by the Learning Alliance, Inc. Ati the end of the lease term, the city may choose to reallocate the shared room to another service provider if desired. The tenants know that this is all tentative on other needs in the community. The city has another entity that wants to come in, but they have had  PROVIDING FOR SEVERABILITY; ANDI PROVIDING ANE EFFECTIVE DATE.  no conversation with them andi that would be another nonprofit. Attorney Dill clarified the lease will go from $1501 to $200 ar month. have ab branch in Fellsmere ift the city could find space for her. Beingr noi further discussion Mayor Tyson entertained ar motion.  Mayor Tyson stated that Carol Jean Jordan the Indian River County Tax Collector would also like to  MOTION by Council Member Saigado SECONDED by Council Member Hernandez to approve  Resolution No. 2024-23. ALL AYES  MOTION CARRIED 5-0  (c) RESOLUTION NO.: 2024-24/ A RESOLUTION OF THE CITY OF FELLSMERE, INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE EXTENSION OF THE LEASE AGREEMENT FOR CERTAIN CITY OWNED REAL PROPERTY PURSUANT TO SECTION 2-230 OF THE CODE OF ORDINANCES OF THE CITY OFF FELLSMERE, FLORIDA, FOR THE LEARNING. ALLIANCE, INC.; PROVIDING FOR THE PURPOSE FOR WHICHS SUCH REAL PROPERTY WILL BE USED; PROVIDING FOR THE TERM OF THE EXTENSION OF THE LEASE AGREEMENI; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR Mayor Tyson infroduced the Resolution and Attorney Dillr read Resolution No 2024-24, by title only.  SEVERABILITY; ANDI PROVIDING ANEFFECTIVE DATE.  Chief Touchberry stated hel hadi nothing more to addi to this item. Being nof further discussion Mayor Tyson entertained ar motion.  MOTIONI by Council Member Hernandez: SECONDEDby Council Member Renickt to approve Resolution  No. 2024-24. ALL AYES  MOTION CARRIED 5-0  5    (d) Authorize Mayor to execute contract with Safebuilt to implement nonexclusive building permit Cheflouchberystoledi that thenext twoi items are interrelated. Staffrecommends: Mayor to execute contract with Safebuilt to implement nonexclusive building permit services. At a previous meeting Council directed to have an in-house Building Official, and he would bei introducing him to Council tonight, and converting vendor services tor nonexclusive with multiple vendors. The contract replaces the current contract with Safebuilt and turns them into a nonexclusive provider. CAPS was recently approved providing for two nonexclusive vendors to assist the newly hired Building Official. Warren and. John drafted the contract. He infroduced the new! building official Kevin Klepac. Kevin! Klepac stated that hej just recently startedi this week ast the new building official andi ise extremely excited. He: shared he grew upi in' Vero Beach, hunting andi fishing growing up and he did 21 yearsi in the Army. Andi now he is with the City ofF Fellsmere and really looking forward to it. Hei isl looking at this as a career and not as short-term thing. Andi he is hoping that he can help make itd a lot better place to and to definitely help permitting issues and stuff like that they are having, sO they can help Chief Touchberry added that Kevin will bes shadowing Safebuilt until the contract expires. Attorney Rhodeback: stated that they did not have any! legal concern withi the contract.  services.  streamline that and actually get on at faster track. Mayor Tyson thanked him for his service.  Being noi further discussion Mayor Tyson entertained ar motion. with Safebuilt toi implement nonexclusive building permit services.  MOTION by Councill Member Hernandez SECONDED by Council Member Herrerat toe execute contract  ALL AYES  MOTION CARRIED 5-0  (e) Authorize Mayor to execute contract with Meritage for Community Core Building Services Software. Chief Touchberry stated thisi is interrelated with the previous item. He added that this is the soffware thati is needed to operate with, and staff recommends that the City Council authorizes the Mayor to Attorney Rhodeback stated that this contract is also finet from al legal perspective. Being noi further discussion Mayor Tyson entertained ar motion. contract with Meritage for Community Core Building Services Software.  execute the contract.  MOTION by Council Member Hernandez SECONDED by Council Member Salgado to execute  ALL AYES 13. ADJOURNMENT:  MOTION CARRIED 5-0  There being no further business Mayor Tyson adjourned the meeting at7 7:46p.m.  These minutes were approved by the City Council of the City of Fellsmere this_ 18hyo of April2 2024  MHau huuscindy MariaF.S Suarez-Sandhez CMC, CityClerk  COPD2A032IMNUJTESDOC  6