#5(a) CITY COUNCIL MEETING April 18, 2024 - 7:00 P.M. MINUTES 1. CALL1 TO ORDER: Mayor Tyson called the meeting to order at 7:00p.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 March: 21, 2024. MOTION by Council Member Herrera SECONDED by Council Member Renick to approve the minutes fort the City Council Meeting of March 21,2024 ALL AYES: MOTION CARRIED 5-0 6. PROCLAMATION: (a) National Public Safety Telecommunicators Week. Mayor Tyson infroduced the Proclamation and Attorney Dill read the proclamation ini its entirety. Robyn Candarini, Indian River County Sheriff's Office, accepted the proclamation. Indian River County Ms. Candarini stated that telecommunicators are more than just a calm voice on the other end of the line, They are the vital first link int the emergency response chain, and thep protectors of law enforcement and firer rescue. Every year, they mentioni that therei is a! bill in Congress to change them fromb being office administrators to a protective service occupation. And every year they ask if City Council has the opportunity to write senators and congressmen to recommend, they do this that they can help them Mayor Tyson stated! hel hast takeni thet tour and urged the City Councilt to doi thes same. Hei thanked all the There was as short recess to take ap photo. Dispatches thanked Council for the Proclamation. dispatchers were also ini the audience. with that. Shei invited Council tot tour their facility soi they can see whati they do. dispatchers for all they do. Thati ist tremendous service. Attorney Warren Dill recommended City Council to remove item #7(a) because they made some changes in their calculations, which has resulted in the need for us to re-advertise the amendment to MOTION by Counçil Member Renick SECONDED by Council Member Salgado to amend the agenda to delete items 7(a) do to Marian Estates, changing the acreage of the commercial area from 8.21 acres Manager Mathes stated to City Council and Audience thati the Marian Estates public hearing has been rescheduled for May 150 att the Planningandi Zoning Commission at 5:05pm, and! May 16th1 for CityCouncil the comp plan. to 10.34 acres and having to readvertise the caption. ALL AYES: at 7pm. MOTION CARRIED 5-0 1 7. PUBLICHEARINGS: (a) Item 7(a) was removed: from the Agenda. (b) Declare 1037 Vernon Street as surplus property. /Public Hearing Manager Mathes stated that hel had a request from an heir of the prior owner to seek to purchase this property. And the first thing they do when they want to consider potentially selling a piece of property is to give Council an opportunity to declare its surplus. Staff has no value for this property. This is an individual lot in a residential neighborhood, it is not suitable for anything other than a residentiall home. The City does notr needitf for right of way, parks, stormwater, or utilities. From as staff perspective, it would! be considered surplus byt their means. Thisi is ap public hearing to give public an opportunity to comment as well as councilt to direct this as as surplus property whichi they wouldo come Mayor Tyson opened the Public Hearing and asked if anyone in the audience wished to speak on this matter to come to the podium and state their name and address for the record, hearing no MOTION by Council Member Renick SECONDED by Council Member Hernandez to declare 1037 backi thent for the required steps to offer it fors sale. more comments Mayor Tyson closed the public hearing. Vernon: Street as surplus property. ALL AYES: 8. PUBLIC COMMENTS: for the record. MOTION CARRIED 5-0 Mayor Tyson asked if anyone else from the public had a comment to state their name and address Robert Cove,7750 130th Avenue. - Mr. Cove asked about the video that was currently circulating and speaking about developments in Felismere. He commented that it is completely contrary to the Manager Mathes stated first of all that development is not in the west part of town. It is almost on State Route 60. Okay, andi identify. Secondly, there is actually no application in the City of Fellsmere for that development. Iti is speculative at best. That developer does not have control of the land, he does not own thel land andt that article isr more than likely af fluff piece tol helpi them geti investors. That developer has talked to them, andi they have shared their thoughts about that project in that area. Ifsomeone were to come to him and offer that project anywhere near the historic part of Fellsmere, he would not agree toi it. But 10 miles away on State Route 60, easy access to 195, Ify you are going to put at facility like that somewhere, that would bet the place to put it. You are near the commercial, you are near industrial, you are not really near that much residential. It is pretty much all raw land down here. And there would be no inferaction of that development with historic part of Fellsmere Mr. Cove asked about lots sizes andi ift they are going to maintain five-acre lots over there. Manager Mathes stated that the City of Fellsmere does not have agricultural ranchette lands. Ify you are int the City of Fellsmere, you are the city, you are usually going tol have city-related services and city-related land uses. That does not mean that cannot apply for ranchettes as part of your development. But again, there is no application. If an application were to come in, then he could ask andi inform the public about what their proposal is. There isr no proposail Ihave no idea what they Mr. Cove asked how many developments are being proposed right nowi to bel built in this in the city Manager Mathes stated hel hast two applications, one for Marian Estates and another for a project at the interstate. Those are the only applications the City of Fellsmere has for residential developments. aesthetic of this neighborhood. because there would be no need to. are proposing for housing down there. limits. 2 Marian Estates is west of Myrtle, on the south side of 512 adjacent to Park Lateral, it is about an 80- acre vacant tract of land. They have been in the city since early 2000s, with the rights to develop exactly what they are asking for, while they are tweaking it by 12 units. The City currently has an application fort that project, that project wasj just tabled tonight to afuture meeting in May. There will bep public comment periods for any major developmentrelsmere multiple times throught thep process. Thei issue that the public needs to understand isi that there are certain definitions of property rights in Florida. One of them is that when the City gives them a comprehensive plan designation on their land, they have expectations to be able to develop according to that future land use. And all the Villages of Fellsmere, whichis the 18,000 acres west of town and all of Corrigan Ranch, which is down there by State Route 60. Have a comprehensive plan designation, that already have certain development allowances that they can expect, not guaranteed, but cane expect the onlywayitcan be guaranteed is if they make applications for development. And again, there are no applications Mr. Cove asked how about the racetrack community. Manager Mathes stated that is the one that is Manager Mathes clarified that the public hearings for Marian Estates will be on May 15th and May 16th, Marian Estates is a3 332-lot subdivision with 1581 townhomes and 180p plus or minus singlef family. The minimum lot size is 501 feet wide and there are some 60 foot as well. They will have a commercial frontage on CR512, they do not know what the uses are going to be. He is trying to bring it to a neighborhood grocerys store. Buth he needsi to come upi to a dealy withi the grocer beforel he canmake that happen. There will also be a fire station, they are replacing the station on North Broadway, the county wants to remove themselves from Broadway and get a bigger spot. The City of Fellsmere Manager Mathes stated that for those that may have seent the articles, ity was unfair, they did not say everything. Ity was a 15-minute interview and obviously, they pick what they want top pick to sayt toi the public. They did not hear you did not get a chance for me to say there are no applications. Iti is Mr. Cove stated that that all of these properties flooded about four months ago. And he does not know what has been done on drainage. Yet he hears about all this development. It is very Manager Mathes stated that they need to stay oni top of the Fellsmere Water Control District to make sure they dot theirj job becauser most oft thef flooding, tol his understanding! has! beeny whetheritiso correct ornot, has! beent trying tol be attributedi tot thel lack of maintenance oft those ditches. They are ap public government body, and they also have public meetings. They have agreed to have their meetingsi in Mayor Tyson asked if again if anyone else fromi the public had a comment to state their name and address for ther record, seeing and! hearing nonel he continued with the next agenda item. Traffic Cabinet Wrap $500-1 The County is offering a program or if we wanti to decorate our traffic cabinets for $500, they can even use local/historic pictures. The City only has one at the traffic light on Sand Lakes Conservation Area - request to IRC for city ownership- Manager Mathes asked for permission from City Council to authorize the mayor to pin a letter to the county commissioners requesting transfer of ownership of Sand Lakes to the City of Fellsmere. They didi that withi the Fellsmere Preserve. The county put in 10% of the money tol buy the Fellsmere preserve 86-acre park, the state put in 90%, the county agreed to give the city their 10%. Andi the City will be, just asking for the same thing for Sandl Lakes. Ithas beeni ini the county's ownership and St.John's ownership since 2007 andi they have for development for residential homes for Fellsmere Farms or Corrigan Ranch. going! by State Route 60. That is the speculum article that they saw on the TV. worked with that developer to donate thet two-acre Fire Station parcel. speculative. concerning. the auditorium and there meeting dates are on their webpage. 9. MANAGER'S MATTERS: Manager Mathes continued with his matters. Willow Street. Council Agreed. 3 not done anything with it andi the City can do something with it with grants. And the City can open it The reason he kept putting this off was because he wanted to time the ownership of this with the commencement of the Corrigan mine, the mine operator for the Corrigan mine has indicated he is going to get started in 2025. And we negotiated a 25 cent per ton or something like that payment to the city for everything they mined, they estimated that would! be about $20,000a year, thent theymade the City commit to using that money for environmental purposes. That would be allocated for the preservation and maintenance of this park, as well as our 86 acre Preserve. Andi they will also likely get ownership of the top 240 acres of Fellsmere 392 because that is all going to be conservation. The City of Fellsmere will have three large conservation tracts. He thinks that $20,000 a year will help maintain PayScale adjustment for Deputy Clerk/Administrative Assistant & F/T status for Customer Service Rep. and Code Officer. - One of his duties is not necessarily even during the budget cycle, but according to the SOP to occasionally do reviews of positions, make sure we are paying them fairly. Theirs is one they think should be adjusted for PayScale and a couple of others he wanted to talk to Council about changing tot fullt time status. The Administrative Assistant fort the Police Department Miriam Bedolla is currently also training to be deputy clerk andi has been. recently reassigned as the Planning andz Zoning clerk andi they have realized she is getting underpaid. She is making about thes same as our customer servicer reps and she has al lotr more responsibillty and al lot more) jobi requirements. They would liket to give her an adjustment and an additional 5%. Maria hast the moneyi in her City Clerk budget ifit Request to make the current part-time Customer Service Rep. to full time. The prior Permit Clerk was a full-time Customer Service Rep and theyt triedi toi filli lit with ap part time position. Buti ther realizedi theyneed afullt time, but she willl be crossi trainedi in building permittingt too. Whens someone calls there willk be more than one clerk that can help. And with only at few months lefti in the fiscal year, Ithink we can absorb They currently have an opening in the Code position. Ith has been a part-time position for over 15 years buti in thel last 3years they! havel had 4p people. Hei thinksi iti isi more likely becausei iti isc ap part time position. They would certainly be requesting as part of the budget to change that to af full-time job. So that they can hopefully get a more long-term position in code. They definitely have the workload, the city has over 300 cases backlogs. There are alot of code violations int the city, but they are not egregious; those that are egregious the City will continue to push those through as quickly as possible, eveni if he has to dot the work himself. Council can decide if they want to make that change mid-year. The City Council Old School Windows at $1M with $600k budget- The Cityi iss still having issues bringing this budget into budget. They did ab bid for ar million buti they only have a $600,000b budget.. And again, this ist to basically go through every window replace the rot, repaint them, weather seal them. But there is sO much unknown because you cannot seei the rot, so the people are overpricing thej job because they do not know what they are getting into. Because our architect price! has a fixed fee. He hasi toldi the architect stop pricing as ai fixed fee andp price as a unit price and price it as a pert foot of each board. The cityis going to try and bid oni it as a unit price ini the next month. If we do not get it done, then we are going to have to give the grant back. Because the City cannot produce $400,000 on this project, because every one of their grant projects is going to! be over budget and they havet tor make sure that they pick the projects that are most important for the community if they are spending local dollars. He does not think although certainly iti is ag good ideai tol havet these windows repaired, itisal little bit extra on a utility bill, because the air inflow, they currently put hurricane shutters up, sO it is not a hurricane issue. This would be one he would recommend giving up if they cannot bringi iti into the budget, or at least close Fellsmere Inn sale/purchase - He got a call from Fred the owner the Fellsmere Inn and he is tired waiting for the right buyer. He saidi ift the City cannot finds somebody that would like to buyi itandift the City is not interested in buying it, hei is going to puti in on the market and is going to be less concerned upi to the public and make another amenity for our residents and visitors. them all. Council agreed. needs to come toi that. Council agreed. thati in our current budget. decided to wait until later in the year to makei that decision. to! budget. Council Agreed. 4 about who buys it. Hei isj just, he has beeni trying tos selli it the right way, meaning what isb best fort the city. But he is at ap point in hisl life where he needs to move on. He would sell tot the Cityf for 1.5, which is the same offer he had with the college. He asked City Council if they want staff to look at grant opportunities andp partnerships fort the City to be involved in buying it, or do they just want staffi to beat Mayor Tyson stated that hev would prefer to finds somebody that would be able to run that, so that City Manager Mathes agreed but someone could be in that building that would not bet the best fit for the City's vision. We do not want to burden the City, but if they were to get involved in some type of partnership, the would have hands off approach. He would like the option to do both. Council Member Renick stated that he could explore without committing to it. Council Agreed to Girls Coalition space in City Hall (see reverse) Coalition and other nonprofit would like to space and City Hall, these folks are doing some training and education for young ladies. And they are interested in acquiring it because iti isr more of a classroom setting. Wel have nobody leasing thatr room. He figured iti is ar no brainer to give them the same rate we gave our other nonprofits to start with) just $100 a month. And if they are okay with that, he will continue that process of working up a lease Manager Mathes stated that he has given the new Building Director the task of interviewing all the department directors ands staff who want to bei involved in understanding what the city space needs are. His initial concept did reserve ar roomi fort thet tax collector andi thel Property Appraiser shared room for thoset two, whichl Ithink wouldf fity witht them. Butf first we needi to make: surei thats somebody elsei int the City does notr need that space. They are going to dot that over the next month or two. And once they determine that there is space that would be available then they will start a conversation with Carol Manager Mathes statedi that hej just wantedi themi tol know that that space would not be available until thel FACT Resource Center ist built andi the tenants the City has downstairs moved toi the FACTR Resource Center. Because right nowt the entire basement is leased out between the Frogleg Festival andi thet two nonprofits. They are hoping the FACT building will be under construction in 2025. It would not be until Sewer Workshop request - He asked Councili tos set a date ford aworkshop! in May toi talk about septic tos sewer and getting intoi the sewer treatment business.lwould likei to do it at 6:00pm at ar non-council meetings sO that we dor not have the constraint of done-nourworksnop period. Council agreedt tor reach North South Institute request for partnership food incubator A few years ago they help the City organize a major meeting amongst many, many state andi federal agencies. They met at thel Boys and Girls Club, and they talked al lot abouts some of the needs in Fellsmere. One of those wasi food security, whicht they work one every day witht the Treasure Coast Food Bank, withi thet foodr refrigerator outside and with all the other things they doi in town, for giveaways on food. But they are focused on small farms, like community gardens, orj just smalli farm operations. Ands sO, they are creating a programt tol help train individuals who want to get into the small farm business, it could be a current owner of five acres in town orj just thought about getting into something and theyj just need al little training and education to help them. And what would happen is they would bring the City grant funding to hire the facilitator slash/educator who wouldi theny work witht the City for aperiod of years to dot thate educationt throughout Council Member Renick suggested that they dol have a county extension office, iti isr not in Fellsmere but that is a resource that already exists, and itis already funded. They can act as a coordinator who can Manager Mathes stated that the one on Myrtle Street is still going but the garden on' Willow is not. thel bushes as best we cani to finds somebody privately. does not take on that kind of responsibility. explore bothi ideas. agreement. Mayor Tyson asked ift they have found roomi fort thel Tax Collector, Jean. Mayor Tyson stated that would be ai tremendous service to our people out here. 2025-2026 before they can bring anyone out. out to City Clerk Maria withi the chosen dates. the community. He asked Councili if he thinks that fits wellf fori the City needs. use the City to coordinate when there is a need. Council agreed. Mayor Tyson asked howi the community gardens are doing. 5 SLP1 Tractor Services status- Thisi is abusiness, itisi ini the county that apparently is operating abusiness thati is not consistent with the county's zoning, and theyl have had code enforcement they have been made to stop was' what code enforcement does. And they have been parking their vehicles over at Operation Hope and trying to operate until they can get their site plan approved. But the problem is, they are not very good at focusing ont theirs site plan. Ith has been! languishing anditi isr not the City'sfault. But they have gotten to the point where Operation Hope has pretty much priced them out of being able to stay there. And they said they understand they have code enforcement, but he has no other choice, Ihave to get going. And he was told that he cannot get at fence permit until the City gets a site plan. But if you want to go out there and put your landscape in, landscaping is not a big deal. Anything elset they doi is at their own risk. Hej just wantedi to give City Council al heads up. Council Member Renicks suggested: they putk barricades up aroundt thet treest becauset they! have aready gotten underneath those trees. He reminded Council that thisi is as site plan that has two retail buildings on 512 completely compliant with the City's overlay district. And then a contractor yard in the back. The contractor's yardi is the one that requires a special approval, ther resti is fully compliant. Hei is happy 79S. Orange Demo floors worth saving That is an! historic home that's had a code enforcement violations for years, and he recently talked with the owner and she's finally getting around to tearing that building down. asked permission to go in andi take al look because we know wel have a codet that requires a 30-day stay on demolitions of historic buildings where the city inspects it and makes a determination whether they want any part of it or all of it. Per the building official there isr no value in that building except maybe the wood floors. Itis a lot of work to pull up wood floors and keep them in Council Member Renick asked ift there is any way we can just advertise through the cityf for somebody Manager Mathes statedi that he would have to work with the owneri tos seei ift there is someone outt there City Clerk Evaluation- She willl be sending out her evaluation form and will put that on thel May 16th Citizen Budget Survey released - This will be the second year this survey has been released; it is going to goi into ther next water bill. This year, wel have enhancedi it, they have kept the: same questions because he would like to kind of track trends over time. That does not mean they will not change questions over time as things come up. But the questions are still pertinent that are there. But he also added an online survey option. And making both the paper and the online version, bothi in English and Direct Technical Assistance for Flood Resiliency- What this means is that they are going to give the City some direct technical assistance for flood resiliency. What this means is they are gonna assign us an expert to help us identify our weaknesses, and to help the City identify programs to plug those weaknesses as it comes to flood resiliency. Even though he thinks the City is doing a good) job without the experts, why pass away free expert advice. The City is going to continue to work withi them and: see what kind of advicei they can get and what kind of work they can get for free out of somebody. Council can attend Ethics training in person in Ft. Pierce on 4/19f from 9a-2p or online before 7/1/24 Chlorination of City water will occur from April 15th through May 15th. - He added that after the chlorination, we will be no longer on ammonia, we willl be on hydrogen peroxide, sO our odor and color Council Member Salgado stated that shel hasl heard that iti isc al littlet too much chlorine and askedi ift they Utility Director Burges responded that they have added a little bit more because they are changing their treatment after this, they aret trying tol burn everything out before the started adding peroxide. with the plan, hej just wishedi they could have their paperwork going quicker. good condition, they also would have to store them. else if you want them. that might wanti those. Council meeting. Spanish. issues should disappear. are adding the same amount. 6 Manager Mathes asked ift they are adding a little more chlorine isi it still all in the allowable regions for Utility Director Burges responded that the allowable maximum is 4.0 andi it is at 2.8 right now andit iti is safe drinking water, usually at 1.2. An updated list of all active capital projects was shared with all Council Members. 10. MAYORSMATTERS: (a)! Police Department Report - March (b) Public Works Department Report -N March (c) Development Report (d) Grants Report Mayor Tyson stated that he will be attending the Ethics training in Fort Pierce with City Clerk Maria and Vicel Mayor Fernandol Herrera. He didr not have any other meetings; they cancelledi thel League of Cities Manager Mathes shared with the public that item 10(c)is a development report, and this is given to Council once ar month andi iti is usually the second meeting ofi the month. Itis a very detailed report of where every development applicationisint the process. There are many opportunities fory youallt tol know meeting. whati is going on. 11. 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. that requires tree protection barricades. Council! Member Renick-H He askedi if wheni the cityi issues ap permit for development ist there acondition Manager Mathes stated that iti is in the code, and that is one of the things that they are going to be doing better at withi the new inspector. He statedi that iti is on the construction plan. Council Member Renick suggested that he understands it can take more time, buti it could probably save alot oft time andf frustration, hopefullyi in thel long runi ist that especially with developments. Before they start that they have a preconstruction meeting out there and those barricades need to be up, and the silt fences andi they do not do any work until they have ap preconstruction meeting out there and the city signs off. Because otherwise, especially as with some of these new developments, trust 12. CITY AITORNEY'S MAITERS: Attorney Dill stated that Attorneyl Rhodebacki has an updated ont the Shrimp Attorney Rhodeback stated this is in regard to a situation out at the shrimp farm about some saltwater discharge. Long story short, the city was attempting to move forward some code enforcement action against the shrimp farm for the conditions that existed that the tenant at that property promptly filed chapter 11 bankruptcy, they had to seek special counsel in order to get potential relief, or what we call a comfort order from the automatic state to ensure that we don't runy violation ofi federal lawf for violating the automatic stay. They! had as successfull ruling byt the Southern District Court bankruptcy court, andi the Cityis permittedi to proceedi forward withi thet foreclosure action. However, that goesk but he didy wantt tob bringt that Manager Mathes clarified that they are proceeding with the Code Enforcement case not the foreclosure Attorney Rhodeback stated that is correct, and they currently have no lien, and the City actually do not Manager Mathes added that the City can proceed with the code case. And the City can lay levy daily fines, they just can't record those fines as a lien until the bankruptcy is discharged or until they're in compliance, then we give the amount owed to the bankruptcy court who would then make that part of me, they are going to get way out of control, and we will bes sorry for the results. Farm code enforcement. to City Council. action. havei the right to lien because they are: still under Chapter 11 bankruptcy. 7 their debt. Attorney Dill was asked to assist in this case because it is a bit more complicated than your standard unpermitted work. Ands SO, he willb be coordinating with him on at timeframe for that case, lamsure he is going to need a month or sO to prepare or longer. They are also going to involve the state agencies because they are not really doing their jobi in their opinion, and they are going tos see ift they can get some Code Case on 1004 Lincoln Street Manager Mathes stated thati there is second code case that he needs to talk about with a foreclosure sale scheduled for May 22, 2024. The respondents are int the audience. This Manager Mathes explains the history oft the code case fromr many years ago related to some unpermitted work. The unpermitted work, unfortunately, was never resolved correctly. The City lost in the original case, City Council were requested to allow them to appeal the original case, they did appeal it, and the City won the appeal. The foreclosure sale has now been scheduled to May 22, 2024. They have between now and May 22, to either stay oni the course, orl listen toi the gentlemen! here who are the owners of 1004Lincoln, as well as a property on 89th Street, to see if there is some way they might be able to keep their homes. Theyh have appliedi for apermit. The Cityh has rejectedi thei initial application, but they have a course of action tos supplement that application to make it permittable. The City expects to issue the permit tomorrow, at thel latest Monday, and then do ani initiali inspectioni tos see ift therei is any rot behindi the siding andi thent they willh have to finish whatever worki is needed! based on what the permit requirements are. Andi then do at final The problem is, is that it has gone so1 far down the path. It's not just city council now who gets to say, it still requires us to go backi tot the court and get the court to change course, there's! been a change int that court recently, there'sr now anewj judgei in charge, thatj just doesn't play. Hei isr nots sure that they will get additional time. encouraged the applicants to do everything in their power to get this permit closed as quickly as possible, sO that we can have a conversation with Council about what their costs are due to the City because it has gone sO far down the road. Costs are going to be very large. He discusses legal issues mentioning potential costs and delays in resolving the case. He expressed concern that the case may be dismissed with prejudice, preventing further action. The City'sgoali is not to take: someone's property, itist to be in compliance. We finally have his attention. He is finally paying attention and hopefully doing what is right to being in compliance, it hasj just taken: so long that the Cityi is no longer in control of the ship. Attorney Rhodeback statedi that when a case progresses as far as this one has, their ability to control where it goes diminishes. This is a 2020 case. The City filed the lawsuit in 2020 and they put the lawsuit on hold multiple times! because Manager Mathes hadi triedi to work with the residents in order tot try to get the code violations rectified. And the City could have proceeded for with the foreclosure in 2020, because nothing had been filed at that time. The City took this to appeal. The fourth district said the City is right. The Fourth District issued a mandate whichi ist ther momenti the Fourth District sayslrelinquished) jurisdictiont trial courty you can! heari it. That day thej judge thati is presiding over the case: selected May 22, 2024. The City can request ap postponement ofi thati foreclosure sale. Butt there is a very real chance thej judge says absolutely not andi there is also ay very real chance where thej judge gives one or two options. The City either goes forward with thet foreclosure sale or they vacate thet final judgment and dismiss the case. His concerns are this case has been on the judge's docket for four years. The other concern is that the property is presently not in compliance. Another issue is that they have a final judgment amount of $238,503.89. There are attorey's fees of $14,391.08 and also out of pocket costs that the city has paid for publications, recreation ofi transcripts, filing fees associated withi the courti in the amount of $4,924.38. Manager Mathes added that the City probably has another $1,000 in non-attorney costs. There are the Special Master fees and cost. Therei ist the mailing and copy cost that they! have incurred in prosecuting the case. So probably close to $20,000 plus cost alone, that would have tol be bome by the respondent in the City'scode does not allow those to be reduced. Nor would he recommend it because that is cost out of Council Member Renick asked what wast thet first cost.. Attorey Rhodeback the $238,000 are the daily fines, because this dates back to 2018. He explained the procedure stated that he wants the City Council tol be better traction out of the state agencies as well. case isi in regard to 1004 Lincoln Street. inspection. the City'spocket. aware of what they are asking him to do. 8 Resident Pablo Almanza and Pedro Almanza 1004 Lincoln Street- Pablo Almanza explained his view of the way the code case was handled and did agree they had a Special Master Hearing, andi they gave him 2 weeks before any fines could be established. They did finish a lot of the stuff; a lot of stuff was just minor trash. The City did want a permit for skirting around the home and then he was told to get a permit for a small piece of rotten wood which he did not get a permit for and still does not have a permit for. He has asked for ap permit but has not been given the permit, which is alli that hei is aware that is active. Manager Mathes agreed that everything has been resolved except fort the unpermitted repair. Pablo. Almanza: stated thath he does not understand where that large amount is coming fromi ifhet took care ofr most of thei issues quickly. He wantedi to clarify that whent the photos were takent there was nobody living at thel home. That home isi in ap poor neighborhood and people would break in and he hadr no control. The power and water were off, no one should have been living there for many years. He was trying to be complaint andr nowi the City wants to come for two of his properties because of damage to asmall wall. If he gets kicked out, he and his family will be homeless. He claimed that he has done an appeal to their appeal with the newj judge. And he is now presenting his case again to defend himself. He has spoke to Manager Mathes and said they may be able to get it done but does not know about the timeframe. He does not understand why the city wants to go forward with the foreclosure if they have tried to be in Pedro Almanza stated that a few years ago the City has taken one of his properties without him being aware there was an issue. Andi that is why they told thej judge that they have been! harassed because the City had previously takeni that one property. Andr now they want tot take two more. The City is supposed" to Pablo Almanza stated that this has been going on for years because for many years he has been going back and forth withi the current Manager andi the previous Manager andi they never got as straight answer Pedro Almanza stated thati they are hard workers and work seven days a week, hel has worked hardi for his homes and nowt they will bet taken away because of ap piece of skirting. He does not understand how this is Pablo Almanza stated that if there are fines, they will pay, and he understands that some fines can be Attorney Rhodeback stated that the court has determined $238,533.89 is owed to the city for the accumulation of fines, they have reserved the attorney's fees and costs, which are $19,325.46, that is in addition to $238,533. If the attorney hasi to do an additional response to their appeal, andi it is going to be Manager Mathes added that add that at every communication: related to the rotten siding was clear that ap permit was required. He does work with residents and does waive certain violations. He cannot waive a project that requires ap permit becausei they chose to do without ap permit and that is exactly what they did. They did the work without a permit after every document they received said a permit was needed. And now they are getting a permit, and it was submitted a few days ago and they are going to get one tomorrow that is pretty good service. At the end of the day, Iwould love this thingt tol be resolved. Hel has no need fort the person's house, but the City has just lost control of the case because ith has gone soi far. Itis Council Member Renick asked what would the City accept as the final resolution to this case. Manager Mathes responded to pay the City's cost in full before May 15th and have Council on the 15th waive anything else other than ai token civil penalty. Sincei the costs are going to be so highi they wouldr not be asking for 10 or 15% of other costs unless Council wants to do some punitive damage on him tol hope to convince him noti to doi it again. But at ar minimum, he would need fullp payment of all our costs plus some compliance. help citizens not hurt them. on! howi to resolve the issues. happening in the United! States. waived. What he does not understand is why they are going for both of his properties. filed, there willl be additional attorney's1 fees. noti their decision anymore. 9 payment on penalty by May 15. Because he cannot get into a payment plan, because the judge is not goingt tol holdi the case for ap payment plan. Council Member Renick asked to clarify the costs. Manager Mathes: stated that he would have to do the analysis ands share it with them and Council, buti itis probably not lessi than $20,000 and not more than $30,000 which include all his attorney fees, city costs and ali little bit to cover daily fines and penalties, which is the City's normal course of action. And it would also Pablo. Almanza said he can work with that number. If the City can honor giving him a permit, he would Manager Mathes clarified that the city is not doing any action to stall the foreclosure sale, it is all in the owner's! hands tor make ith happen. If the make it happen by the 15ih the City will issue an order of dismissal include complete compliance and successfully closed out permit byt the 15th. honor his part and get things resolved, itisi in his best interest to dos SO. toi the court. Ifitisr not done by the 15th thei foreclosure sales are going forward. Council Member Renick stated that nowi they know what they need to do. Pablo. Almanza confirmed he will be there tomorrow to get the permit and as long as the City honors that everything else will get done int time. Council Member Salgado statedi that iti isr not on Manager Mathes it oni the Citys staff. owner does his part, he can have a successfully closed permit by the 15th, Council Member Herrera asked if this can be done by May 22nd, Manager Mathes responded that if the Attorney Rhodeback stated that ift therei is diligence on! behalf ofi the residence to get this rectified, its should be able to get done. He willl be able to dot the paperwork asking to vacate thef finalj judgment andi issue an order dismissal asi the settlement has! been reached. The only thing that hel has concern about is, ist there still fighting abouts stuff that should not bet fighting about tonight. 13. NEWE BUSINESS: (a) Abatement Request for 36 South Lime Street Code Enforcement Lien. Manager Mathes stated this is a standard request. It just sO happens this case was compliant a long time ago butj just because turnovers and code enforcement officers, the Citynever pushed fori themt to payt theirt final amount due. Andr nowt they are selling another property and code enforcement attaches to every property you own. Ands sO nowt they can't selli the other without paying off thisl lien, the lien! has grown because they haven't paid it andi they don't wanti to waste allt that money, SO1 they're asking for at typical abatement. The details were shown to City Council and the total amount in terms of cost is $1,980.71. The least City Council can go pert the City code ist the base costi is $467.53. He added this was a case related to a new nonresidential project that did not do all the things they were required to do when they first opened up, they forgot to install their Backflow Preventor on their plumbing they had some landscaping that needed to do and some parking improvements. They actually got on a really good they and took care of them pretty quickly, sO it was a good case to prosecute it was it was a good relationship. The City just forgot to collect the money due. The respondent was present. Melina Zamarripa- 100S. Lime Street - She had nothing to add. Council Member Salgado suggested cost plus 10%. 10 Being nof further discussion Mayor Tyson entertained ar motion. abatement for cost plus 10%. Total of $618.85. MOTION by Council Member Salgado SECONDED by Council Member Hernandez to approve the ALL AYES MOTION CARRIED: 5-0 (b) Approval of Post Occupancy Agreement for Moss property. Manager Mathes apologized to. Attorney Dill for not sharing with him that he hadi talked to the owner about: stayingalit little! bit afterb because the city'sclosing was a week! before! his closing ands so he needed that week to get the new house and then to move into the house. This should have been something thaty was prepared at closing that was on! him forl lack ofcommunication. Attorney Dilly was very gracious andi in getting this out and prepared it as quickly as possible. It has already been signed by the prior Attorney Dill stated that the City purchased this property last week. Mr. Moss stated at closing that he would bes staying there fort three months, and he was told that the city now owns it and everythingi init. Mr. Moss stated that he has discussed that with Manager Mathes. Attorney Dill then called Manager Mathes and he acknowledged there had been a discussion but not for three months. They promised Attorney Dillt that they would! be out int twov weeks. Int these situations, he normally would havel had what isc called a post-closing occupancy agreement and have them signi itr right after closing. Hel hadi to put this together and get it over to City Clerk Maria and she had the Moss's family sign the document itis not signed by the Mayor. The purpose of the meeting today is to authorize the Mayor to sign the agreement, this makes it very clear that they are going toi indemnify the Cityi if there is anything wrong, they have to carry a one-milion-dolar insurance: fori two weeks. Ini the agreement they are promising in writing in the context of the contract to be out by 5pm, on or before April 27,2024, which was approximately two weeks after our closing, but it's time certain date certain to be out of property. If they are not, then the City! hasl legal recourse under this agreement nowi to go in and get them out of there. In addition to that, he sent each of the council members a letter stating that they are now landlords of two houses. There is a lot of responsibility when you are a landlord. But the city is now responsible for mowing the grass, paying thei insurance, keeping the power etc. He did copy the Chief as well with some thoughts that ifhe thinks the property needs to be posted. Manager Mathes stated he appreciates the letter, andi that Public Works director is on it. Attorney Dill stated that the purpose of thel letter wast to give them an overall what happens wheny you become al landlord. Because they are notu usually al landlord, they are usually buying vacant land, and Council Member Renick asked about the mentioned insurance is that just normal homeowners' Attorney Dill responded that they are: supposed to add the city as additional insured to their policy. MOTION by Council Member Renick SECONDED by Council Member Herrera to approve the Post Owner of the property. do not have to worry about this. insurance, that they have to extend. Being noi further discussion Mayor Tyson entertained a motion. Occupancy Agreement for Moss property. ALL AYES Agreement. MOTION CARRIED 5-0 (c) Approval of Cemetery Cell Tower Lease Agreement and Authorize Mayor to execute Lease Manager Mathes stated that the graphics shown by the City Council were the results of the ground penetrating radar. Andi they have recommended the lease area be relocated to what is showni int the red square to minimize the anomalies. But their position is they did not want to get into ground 11 disturbance investigations without site control or something like that. Andt their recommendation: hasl let usj just execute the lease. Andi theni they can doi the ground disturbing investigation. Ift the City were to agree with that, he would highly recommend the lease be revised to include a condition at all work stopsi if human remains are found and that they would be legally improperly reinterned or revise their Attorney Rhodeback stated that the only thing he wanted to add is that the City made certain demands upon them. And they complied with the demand. Their counteroffer that was discussed in December meeting, the City wants a higher option payment the first year, they need to pay for the attorney costs, and they have to do ground penetrating radar to confirm that there is not a body or bodies. They did comply andi they discovered: some anomalies. Itisnormalf fort themt to ask for something more formal. Thel biggest concerni ist that wheni they! locki the city into al lease agreement, ifi they doi find dead body what happens then. And thati is the hard part, Attorney Dill broached the subject, possibly about al license agreement, which is an as long-term binding as al lease agreement, meaningi it would be much easier to pull the plug ons such at thing, ifs something is discovered. The other thingt that is ab big no go is they wanted to cap attorney fees at what they incurred as of three months ago, and they haven'ti incurred al lot since maybe15: 20r minutes onreviewing thel lease and confirming that these were the only things they changed, but there are going to have to be some decent amount of rewrites, which are going to make thet fees go up. Hei recommends not agreeing to cap onf fees. Council Member Renick askedi ifi they dor move forward what are the next steps. Manager Mathes stated next stepi isf for them to get entitlements from Indian River County. Council Member Renick asked if they do find something do they have to hire an archaeologist and who is going to doi that. And whoi is going to incur the responsibility and the cost for doing that further Manager Mathes stated that he has had that conversation with them, and their response is they willl be glad too, buti they would like to doi it under a signed lease, instead ofr not as signed lease. Council Member Renick stated that iti is still unclear that if they find something what can they do and Manager Mathes stated that he does not think Attorney Dill practice muchi in reinterment cases in his life, soi iti is probably al little bit of education is needed. He confirmed with Council that they would like tol bone upi the requirements if a body is found, sO that they can know what the next step would be. And Council would like to know that before they agree to either enter a lease or even give them a license agreement. Council wants to know, and they should want to know exactly what the Council Member Renick suggested that professional archaeologists be contacted, they would know how to document it, they understand the laws associated with it, and how to handle the body Manager Mathes asked Attorney Dillift they could draft alettert tot the applicant thatt the Cityisnoty willing to sign the lease yet, because they need to address the issues of what happens if they do find something. And since neither of them knows, the Cityi is going to figure that out first and then they will talk about potentially lease or license agreement. Attorney Dill also suggested removing the cap on plan and avoidi it. exploration? howi isi it supposed to be handled. requirements are going to bei ift they finds something. thereafter. attorey'sf fees. Beingr no further discussion! Mayor Tyson entertained ar motion. tor research that City Council has directed to do. MOTION by Council Member Salgado SECONDED by Council Member Herrera to defer action subject ALL AYES MOTION CARRIED 5-0 12 (d) RESOLUTION NO. 2024-38/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 OF FELLSMERE, FLORIDA, FOR THE SUBSTANCE ABUSE COUNCIL OFNDANRMERCOUNN, INC. D/B/ASUBSTANCE, AWARENESS CENTER OF INDIAN RIVER COUNTY; PROVIDING FORI THE PURPOSE FORI WHICH: SUCH REAL PROPERTY WILL BE USED; PROVIDING FOR THE TERM OF THE EXTENSION OF THE LEASE AGREEMENT; PROVIDING FOR REPEAL OF RESOLUTIONS ORI PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND Mayor Tysoni introduced the Resolution and Attorney Dill read Resolution No 2024-38, byt title only. Manager Mathes stated that there has been some evolution of this particular lease space. This is actually the upstairs one of the cubicles outside his office, and they are often not there. It is not a1 full- time occupancy, likei thet tenant's downstairs. Andi theyhave! had a conversation just this week withi the group thati is creating these free legalj justice service centers throughout the County. They have one at the courthouse got one at the center. They are trying to expand one branch outt tol Fellsmere. They also need a desk space. They also will not bet theret fullt time, andh he wouldI liket to revise thisl lease and maybe dor not act onit at this timei to makei it very clear int theret that they were going tol be: sharing that space with another nonprofit. And let those two nonprofits coordinate together about the times they are at the desk. The City has a lot of interest for nonprofits in Fellsmere and they do not have a lot of space and SO every time the City can: share a space, he thinks it is best for the residents and community. He would like to reach out to the Substance Abuse, give them al heads up, and maybe even reduce their rent to $50 a month since the other entity will also be paying $50. The City will still get the same lease ratei for thats space, but they willj just havet to share it and coordinate withi the other body. He would like PROVIDING ANEFFECTIVE DATE. to table thisi item until ther next meeting and bring it back withi those revisions. Beingr no further discussion Mayor Tyson entertained ar motion. No. 2024-381 to the next City Council Meeting on May 2nd, 2024, at 7:00pm. Mayor Tyson recessed the meeting for a restroom break at 8:52pm. Mayor lysonreconvened: the meeting at 8:57pm. MOTION by Council Member Herrera SECONDED by Council Member Hernandez to table Resolution ALL AYES MOTION CARRIED 5-0 (e) Approval of Change Order #2 to' Work Order #4 with Culpepper &1 Terpeningi to provide for additional Manager Mathes: statedi thatt thisi ist thel Raill Trail grantf from thes state parki tol Broadway. Iti is expected to be under construction in early 2025. As part oft the design, environmentalists found a couple of wetlands whichi ini his opinion, aret from the existing ditcht thatr ran along there, but because nobody And since they were not expecting any wetlands, because it's not a wetland that looks like one, especially in the dry season, they didn't put any wetlands surveying in the contract, they didn't expect it to be there, obviously him serving the wetland is an additional service, he should be justified, as well as the permit work to impact that wetland. They are going to try and avoidi it the best they can but there might be some impacts anyway. The City was also asked by the state grantor because they do not have the staff to review the City's ownership documents. The State has ask to give them an exhibit that spells out without any question whatsoever that the City owns the land. He has to unfortunately spend money with a consultant preparing a survey exhibit with sketches and descriptions ofi the land. And those are twoi items with regards to this agenda request the location to mapping and then the additional surveying and exhibits for the proper ownership survey work fort the Rail Trail from Broadway to the State Park Preserve maintained that ditch for 100 years, iti is now considered a wetland. 13 documents. Mayor Tyson stated that for future reference he thinks it is best to go ahead and do the survey Council Member Renick stated that he may want to tell the consultant that if that ditch was cut through upland soils, iti is not a wetland as surface water. The upland soilr map can telli them if they Manager Mathess stated thati it was cutt throughout from soils, buti the problemi ist theyh haver nop proof. because we are not going tol live forever. are upland soils or not. He willr reach outi toi the consultant. Being not further discussion Mayor Tyson entertained ar motion. Order #21 to Work Order #4 with Culpepper & Terpening. MOTION by Council Member Renick SECONDED by Council Member Hernandez to approve Change ALL/ AYES MOTION CARRIED 5-0 (f) Approval of Employment Contract for Public Works Engineering Inspector. Manager Mathes statedi that the Chydoesnotusugly, doe employment contracts except fort their charter officers. However, the City do not usuglly hire people for short duration, the City usually hire their permanent employees until they move on. They felt it is best to start with this construction Engineering Inspector, though as a set three-year term, just in case grants dry up. just in case the capital program dries up andi iti is notj justified anymore, and the City cani let them go. He is hoping that is not the case. He is hoping that during that timeframe, the City's revenues will grow sO that they can continue the robust capital program even without grant funds or with ar reduced amount of grant fundsi in thet future. But still just to give the City the flexibility, the protection. It is easier to have a contract than just to let Thisi is af full-time position, he will be outside his office next tol Laura, the Grant Administrator because she isr managing al lot of projects. He will also be doing private inspections for development, as well. Her may even! help out withs some code, and they willj just try their besf tol keep him busy. They should bes starting somebody go. anotice to proceed on New York Ditch soon. Hiss starting salary willl be $63,000. Beingr noi further discussion Mayor Tyson entertained ar motion. Contract for Public Works Engineering Inspector. MOTION by Council Member Herrera! SECONDED by Council Member Salgado to approve Employment ALL AYES MOTION CARRIED 5-0 (g) Discussion to provide direction for code changes to regulate mobile foodi trucks in Fellsmere. Manager Mathes stated that for the longest time, Fellsmere did not allow food trucks. About 10 years ago, the City decided tot try ai foodt truck as at transition to a permanent kitchent for Yolanda at 81 North Broadway, she was never ablet tos successfully dot thet transition to al kitchen. But during that timeframe, the City started approving other permanent applications of food trucks, andi then all of as sudden the state adopts al lawi that says they can no longer outlawedi foodi trucks ini the Cily'sjurisdiction. They are notr meaningi thep permanenti foodi trucks; they are meaning the onest that come and go. And hes shared a copy of the state law as part of the agenda. And it is very clear that it is for takeout and delivery meals only. So, when you are ap purely mobile food truck, you dor not have tables and chairs, they are to come and go. The City has had as slew of foodi trucks show upi int the city because of that. Andsince the City has not had rules, the City has not been able to really control it. Ididi not want to start saying no or providing directions when he had no legal authority to doi that. The only thing the City has really 14 been focusing on is traffic safety if they park in the wrong spot. And they have had a couple of they have asked to move. Obviously, the City does want to make sure that they do have permission from the property owner. Council and the community probably want to do more, and they have always talked about bringing some regulations. Council had also talked about wanting to go back and visit the regulations for permanent food trucks as well. The permanent food truck are not up for discussion tonight but he will give a quick update on them. With permanent food trucks iti is currently a 500-foot spacing, Council has asked to gor more, andi they are going tol ber recommending a 1500f foot spacing on: the permanent foodi trucks. Andi those that are already there will specifically havel language thati if Manager Mathes stated that they will be going over the mobile food trucks if there should be regulations, spacing requirements, signage requirements, type of food, if alcohol can be sold, etc. Planner Robert Loring gave a brief summary of what was discussed at Planning and Zoning. Hes stated that there wasr no direct recommendation: to City Council. However, itemsi thati the Planning andZoning 1. Food trucks must operate truly as mobile unless they go through the site plan process already 2. To allow for city staff and police to easily verify that foodi truck has as state license. 3. Ap provision that allows city staff or police to verify that food truck operators have insurance for 4. The ability for police to easily enforce traffic laws. If ai foodi truck location poses ar nuisance or 5. Protect brick and mortar businesses as much as possible but allow for larger parcels that have vast overages of parking tol have the ability to have multiple trucks on sitei. i.e., Operation! Hope has a vast amounts of parking areas that could accommodate more than one foodi truck. 6. Planning and Zoning members discussed the possibility of a common food truck location at a 7. Existing restaurant owners shouldhave the ability to review the foodt truck ordinance andmake 8. Nof foodi trucks on city owned property unless iti is marked as a Special Event. The following items were discussed on ther mobile food vending units as accessory use. 1. Mobile food vending unit as an accessory use shall only be allowed within the followingzoning districts: C-1, C-2, RPO, L, PIN, and PDD and must bel located on a developed property. 2. To qualify as an accessory use, ther mobile food vending unit mustr not park overnight at the developed commercial propertyo andmay only be openf for business at thes same times ast the 3. Shall require certificate of zoning as set forth in Section 17.21.A of the Land Development Code priort to operation. Thisi is not a permit or registration but review for compliance with 4. The following conditions shall be demonstrated to the City of Fellsmere to receive a certificate a. Shall not be located closer than 1,500 feet from another accessory or principal mobile food b. No signage beyond that which may appear on the mobile food vending unit except for one (1) A-frame sign located on the same property as the mobile food vending unit. The C. Parking requirements shall be five spaces for each separate mobile food vending unit placed on the property in addition to the required parking for all other permitted uses on the site. Location of mobile food vending unit may not resulti in thel loss of parking below the coder requiredi minimum parkingunless otherwise approved by the City! Manager. d. The location of the mobile food vending unit shall not block any ingress/egress, building entrance or emergency exits or conflict with required fire access, intersection site distance requirements, or required access for the principal use or be within a public or private road you were previously permitted, you would bel legal conforming. Planner members did discuss had a general consensus and were as follows. inp place. the operation of thet food dispensing vehicle. safety hazard to thes surrounding community. community event. recommendations for P&Z and City Council. business located ont the developed commercial property. these rules. ofz zoning for mobile food vending units operated as accessory uses: vending unit. bigt fiags will not be allowed. 15 right-of-way or easement. e. Shall operate only during business hours of the principal business located on the property. No outdoor seating is allowed. Food andk beveragest fors sale arei fort take-aways service only. g. Not temporary or permanent furniture or improvements. ons sites shall be allowedi in support oft ther mobile food vending unit except for temporary: trash/recyclingr receptacles. h. No alcohol: shall bes sold. Permission from property ownert tol locate on site. Proof of licensing byt the State. Whenoperatinge on citly-ownedland, amobilef foodvendort mustmaintaininsuronceasrequred Manager Mathes statedi thati the Planning andZoning Boarde encouraged City Councilnott to allow them on city lands, but he personally does not see a problem with it and Council will need to provide direction. He stated that he always likes to present these things to City Council in anon- binding way for their input before a public hearings. There were some members in the audience byt the City andr naming the City ofFellsmere as additionall insured. who are foodi truck operators, who wanted to share some thoughts. Mayor Tyson askedi if anyone ini the audience wanted to speak on this matter. Mike Russano - The Watering Hole - 361 N. Myrtle St., Fellsmere city cannoti incur fees on ar mobile food dispenser. He asked what thet fees would! be! because thes state statue says that any municipality, county, or Manager Mathes stated that they would be quite minor if they start as low as $25 and the independent zoning certificate is $75. He clarified that the government may not require a separate license, registration or permit or require the payment of a license registration or permit. The Cityisn not charging for a license, registration or for ap permit, the City willl be charging tor review Mr. Russano wanted clarification on moving the food truck once every thirly days. Manager Mathes stated that may be a state requirement, but they let the zoning to City. And because theyl left zoning to the City, the Citygetst to decide that locally. Anditis isu up to City Council ift they want to be as lenient as the state would be on that 30 days. And they are asking that it Mr. Russano asked is it only the permanent foodi trucks that cannot be within 15001 feet of ab brick- and-mortar restaurant ori isi itt two brick andr mortar restaurants as well. Whati ist the differencei ift they Manager Mathes responded that two brick and mortar restaurants can be next to each other. The zoning will really be up. to City Council to make that decision. Some of it comes from the mantra of brick and mortar is a much bigger investment than a food truck and maybe some of Mr. Russanoi inh his case, they canh have ar really badp property owner, that you do not want toi invest int the property that is not yours. So, to take that money and puti it in a mobile food truck to give you1 the chancet tol havet thel kitchent that youneed, whichis not anywhere neart there. We are fine with doing any rules that youi imply wej just don't likei the! back and forth of all the different entities. Their bari isi inspected byt the Department of Health, our food trucks are inspected by! Department of State, each department has different rules and different regulations that we have to abide by. And then the city comes in and has their rules and regulations. So as long as everybody has all three inspections with all three codes, he is perfectly fine with all that buti ift they contradict along Attorney Rhodeback stated there is no contradiction, these are land use planning issues. There have been certain regulations preempted by the state but when it comes to where you are allowed to put your food truck, how close you can be, what hours you can operate, that would for compliance against the City: zoning code. comes with the business for ar mobile unit. are making it a permanent food truck. that comes into the mindset. the linesi is where it gets! kind of blurry. bel like any other business. 16 Mr. Russano askedi ifi they want tol become a permanent, who needs to doy your site plan. Manager Mathes responded that they will need permission from the property owner to process the site plan and as soon as they have that permission, they are pretty much in control of that process. The property owner will needi to sign the Chy'sauthorization letter form. Manager! Mathes askedi if hel had anys suggestions orr modifications or concerns with the regulations Mr. Russano stated not necessarily an issue but when they close later at night it is pretty hectic closing thet foodi trucki it can take upi to two hours after closing to shut downt toj just come back the Manager Mathes stated that a permanent food truck will be treated as a brick and mortar and She thinksi iti is al littlet toor much to sayt that only an "A" sign be allowed. She suggested not to allow Manager Mathes responded that they do not allow flags in the City already. The ones that you see in the city are illegal and not proper. The City already does not allow flags. The only time the City allows flagsi isi ifiti is a special events, so likei ify youf first move yourt food truckt to as site, there's an allowance for upi to 14 days of a grand opening. It has been a problem in the City, andi they are Ms. Severino asked what would be the reason to make the business hours open only when the Manager Mathes responded ift the City does not have an hour limitation thet food trucks could be selling goods at three in the morning. There are hours on business and bars it would be the same Ms. Severino statedi that she hopes the hours are reasonable because she personally operates out of Operation Hope, Grandpa's Tacos, and she does not know specifically what their hours are, and they operate till 8:30pm. She agreed to having set hours and would prefer 9am to 9pm. She operates 3 days a week and comes and goes is it ok for her to come and go to the same Ms. Severino asked if they could have a 10 by 10 canopy. Manager Mathes stated they cannot, because oncey yous start doing canopies, theyh have tol be firer retardant. Theyhavet tol be anchored and they have to be inspected by the fire official. That is what is supposed to happen with Ms. Severino stated that she previously called the DBPR and asked them ifl liability insurance was required and was told no. Manager Mathes stated that was just brought up at the Planning and Attorney Rhodeback added that there is nothing that he could find that precludes local government requirements for insurance if you are concerned about liability. Manager Mathes cannotspeak on why Planning andZoning asked fori it, but they cang gets sckatdbrokdnomonor He encouraged them to stay tuned for future agendas as this item will come back in the future. Jonathan Cortez- - 204S. Oleander St., Fellsmere- He askedi ift he could get a copy of the rules and guidelines. Manager Mathe tookl his email and will be sending him the requested information. Attorney Rhodeback added that there is a city website and under agendas they can find all mentioned. following morning and nobody has seen that they! have left. will not have to move. Karen Severino - 233S. Elm St. Fellsmere - toor many and alsor not allow City property. waiting to get the Code office toi take care of the problem. primary businesses open. andi iti isr not uncommon to put hours on certain businesses. spot. Manager Mathes confirmed thati is ok. canopies. Zoning board last night and he will do some research on that. restaurant just likey you cans get at food truck, so he thinksi iti ist the same. Tonight, this was on the agenda just as a discussion. 17 agendas and supporting documents online. that probably before summer is over. Mr. Cortez asked when dot theyi thinki these newr regulationy willi take effect. Manager Mathess stated Manager Mathes asked ifi there is any direction from Council, Council Member Salgado stated that shei feels like the. At frame signi isi too small. Manager Mathes stated that is not a small sign, iti is almost three-square feet, four feet tall andi it cank have signs on both sides. Plus, they usually have signage on their vehicle as well. He wanted Council tol keepi in mind because this willl be an additional: signage from what is on the principal business. And there Council Member Salgado liked thei idea of the set hours. Manager Mathes stated that could be workable as a as a compromise because there are some businesses that do close early, and he Attorney Rhodeback stated that he does not' want to overstep on policy, but if it truly an accessory use, are there going to be any limitations on how many days, or these businesses can Manager Mathes stated that private agreements would always trump andi that is something that the City would probably require, in the authorization letter from the owner, any conditions they havei imposed. The authorization letter andi ift theb business isp providing any conditionsi int thembeing Attorney Rhodeback asked since we are requiring permission from property owner to locate on site, do yout think we should amend that the written permission. Council Agreed. Being no further discussion Mayor Tyson proceeded with the next item. is always going tol bes sign on thep principal business too. would not be opposed at as staff level. operate as ift they are doing this 365 days? there that needs tol be ini thatl letter. Attorney Dill stated that he would prepare a draft. (h) Discussion to provide direction on required action for outstanding code enforcement cases. Manager Mathes requested this discussion at ther next meeting fori the sake of time. Beingr not further discussion Mayor Tyson entertained ar motion. MOTION by Council Member Salgado SECONDED by Mayor Herrera to remove Item 13(h) from the agenda. ALL AYES MOTION CARRIED 5-0 Approval of ARPA Amendment. Manager Mathes stated that this is the normal quarterly update. They updated the spent to numbers, they increased a little bit on the 97"h parcel purchase because they have one more full parcel purchase on 97"h, It should not cost the City more than $50,000. They go rid of some old school A/C's, they are just not going to get to it in time. Again, they have to have these under contract by end of they year. They are going to delete the! heavy equipment trailer because iti isnot needed at thist time. And put al littie bit of savings int the Broadway. Alley just because they thinki that inflation is going to make that cost al little more than what they have estimated at this time. And Item. J deals with Kentucky and Senior League purchases and they want to add those $3,000 into ARPA1 top payf fort those purchases. They usedi the! 5121 left turn! lanei isk kind of like ab balancei tol balance the ARPA funds and they always have infrastructure to make up the difference. They did their first allocation of staff costs to. ARPA. And that was from October 1 through March 31. And they only covered salary, they did not cover retirement contributions because that is not allowed and that was $832,000. The spent to has gone up. He did want to reinforce the Council just because they have used their power top pay for staff. They arer not pulling that money out of the ARPAI list, because 18 all that did was free up thats same amount of general fund. They are still going to use that general fund that has been freed up for these ARPA projects. Iti is just spending the ARPA quicker, sot they do not get caught with that deadline of December. Being not further discussion Mayor Tyson entertained a motion. MOTION by Council Member Herrera SECONDED by Council Member Hernandez to approve the RESOLUTION NO. 2024-39/A RESOLUTION OF THE CITY OF FELLSMERE, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THEF PURCHASE OFL LANDLOCATED ATANDI INCLUDED WITHIN THE SENIOR LEAGUE FIELD FROM THE STATE OF FLORIDA, FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OFSTATEL LANDS, FORACOST OF $1,500.00 PURSUANTT TO THE CONTRACT ATTACHED HERETO AND. AUTHORIZING THE MAYOR TO SIGN THE CONTRACI; PROVIDING FOR RATIFICATION; PROVIDING FOR APPROVAL OF CONTRACT; AUTHORIZATION: AND PROVIDING Mayor Tyson introduced the Resolution and Attorney Dill read Resolution No 2024-39, by title only. Attorney' Warren Dill stated Thisi is at fantastic deali that the City got andr may not seem like it, but he has actually been working with this lady named Miss Parks fort two years only on the Senior League Field and Manager Mathes has been dealing witht them ont the Kentucky Greenway. Miss Parks from the State of Florida has been very, she has been very professional, very nice. The City got a Manager Mathes stated that the Cityi is buying more than half of the Senior League Field for $1500. Attorney Dill stated this will make life al lot simpler for staff when they go for grants now that the City will have ownership. And the City will now have a clean title from the State for the Senior League Manager Mathes statedi that thisj justr makes the stormwater project muchr more valuable to reducing flood and increasing water quality because nowi the City has more areas to put water to settle and to keepi it out of people's front yards. We will be getting some 90% of the plans in a couple of weeks ont this project. They should be getting 90% oft thep plans in a couple of weeks ont thisp project. Het thinks iti is going to be a great addition; they are only going to be able to do the stormwater component now. But they will comel back with ar recreation grant top puti int trails and alli that great stuff. Andi it will be ar nice walking path fort the residents to really exercise and enjoy a different view while they are Mayor Tyson askedi ift that was goingi tol be water. Manager Mathes responded that the will abandon the right away forr roadways, expand that ditch, which currently is 301 feet wide andt that ditchi is now going to be 601 feet wide, where these lots are at that much more wider. Andi they willl be puttingo a weir, whichi is a control structure to holdi the water back at certain locations sO that they can create what looks like a nice little pond or a lake and have a little water fountain, have some benches, have at trail going along the edge. Thet traili is going tol bec on the north sidel because they cannot put ont the south side because that is where the current ditches at, theyj just do not have room. Thei trail will meander along the north side andi thent ther rest will be a water control feature. Council Member Renick stated that hel has walked that many a times and al lot of culvert pipest that drain into that ditch that are going tol be potentially below the water elevation, that he thinks he is envisioning in that in that canal. And that means that that's not gonna allow those properties to drain. Manager Mathes responded thatt they are going to actually not be able tol holdi the water up that much even though iti is going tol look! like a water body cannot make it that deep, buti they will take a look at it when it comes in. That was the last thing they were trying to do is figure out how much water they canh hold! back. Andi that is really a question for the Fellsmere Water Control District. ARPA Amendment. ALL AYES MOTION CARRIED 5-0 FOR CONFLICT, SEVERABILITY AND ANE EFFECTIVE DATE. phenomenal deal. Field andi the Kentucky Greenway. doing that. 19 Being noi further discussion Mayor Tyson entertained ar motion. No. 2024-39: subject to City Attorney's final blessing. MOTIONI by Council Member Renick SECONDED by Council Member Salgadoi to approve Resolution RESOLUTION NO.2024-40/A! RESOLUTION OF1 THE CITY OFF FELLSMERE, INDIANRIVER COUNTY, FLORIDA, AUTHORIZING THE PURCHASE OF LAND LOCATED ALONG KENTUCKY AVENUE FOR THE KENTUCKY GREENWAY STORMWATER PROJECT FROM THE STATE OF FLORIDA, FLORIDA DEPARTMENT OF ENVIRONMENTAL PROIECTION, DIVISION OF STATE LANDS, FOR A COST OF $1,500.00 PURSUANTTO THE CONTRACT ATTACHED HERETO AND AUTHORIZING THE MAYOR TO SIGN THE CONTRACT; PROVIDING FOR RATIFICATION; PROVIDING FOR APPROVAL OF CONTRACT; AUTHORZATION: AND Mayor Tysoni infroduced thel Resolution and Attorney Dill read Resolution No: 2024-40, by title only. ALL AYES MOTION CARRIED 5-0 PROVIDING FOR CONFLICT, SEVERABILITY AND ANEFFECTIVE DATE. Manager Mathes stated hel has nothing more to add. Being noi further discussion Mayor Tyson entertained ar motion. No. 2024-40: subject to City Attorney's final blessing. Senior League Park Concession Stand Renovation. MOTION by Council Member Renick SECONDED by Council Member Salgadoi to approve Resolution (k) Award proposal and authorize Mayor to execute contract with Holler Construction, Inc. for the Manager Mathes stated that this is the long-awaited Senior League Park concession stand and reconstruction. And after this, we will roll into other components of the park. They are waiting for determination of whether they got the grant award. Ifr not, they will do what they can locally, but they are going to wait till the grant award and at the end of this budget session. Being noi further discussion Mayor Tyson entertained ar motion. ALL AYES MOTION CARRIED 5-0 MOTION by Council Member Salgado SECONDED by Council Member Hernandez to execute Council Member Renick asked Manager Mathes on the status of the Fellsmere Water Control District. Manager Mathes responded that they basically came back to him said they do not believe a joint meetings is required anymore because they have started doing their meetings in the auditorium and they have already started doing the deferred maintenance thate everyone is asking for them to do. They think a joint meeting is really not going to be productive. They have asked the City to reserve the contract with Holler Construction, Inc. ALL AYES MOTION CARRIED 5-0 auditorium for their future meetings to accommodate them. 14. ADJOURNMENT: Therel being no further business Mayor Tyson adjourned the meeting at 9:54p.m. These minutes were approved by the City Council oft the City of Fellsmere this 2nday ofMay 2024 ahihayfak Maria F. Suarez-Sanchez, CMC, City Clerk COX2AD4IE8MINUTESDOC 20