#6(a)  CITY COUNCIL MEETING August 15, 2024 - 7:00 P.M. MINUTES  1. CALLTO ORDER: Mayor Tyson called the meeting to order at 7:00p.m.  2. ROLL CALL: ABSENT:  PRESENT: Council Member Herrera, Council Member Salgado, Council Member Hernandez, City ALSO, PRESENT: Utility Director Kevin Burge, Grant Administrator Laural Hammer, Finance Director Claudia  Manager Mathes, Attorney Dill and Mayor Tyson  Alvarado, Public Works Director. Andy Shelton, and Lieutenant Scott Newsom.  3. INVOCATION: Mayor Tyson gave the Invocation. 4. PLEDGE OF ALLEGIANCE: The Pledge was recited. (a) City Council Meeting of August 1,2024. (b) Budget Workshop of August 1,2024.  5. APPROVAL OF MINUTES:  MOTION by Council Member Herrera SECONDED by Council Member Hernandez to approve the minutes for the August 1,2024 City Council Meeting andi fort the Budget Workshop for August 1,2024.  ALL AYES: 6. PROCLAMATION:  MOTION CARRIED. 4-0  (a) Constitution Week- - Treasure Coast Children of the American Revolution (b) Constitution Week- Daughters oft the American Revolution Mayor Tyson introduced the Proclamations and Attorney Dill read them ini its entirety. Holly and. James Hamilton accepted andi thanked Council fori the Proclamations.  Holly Hamilton stated that she appreciates their partnership and continuing to work with them with Constifution week and other patriotic celebrations as they come up. The Children of the American Revolution organizationi isi ini the process of putting an America2 250r marker at the Veterans Memorial Park in Sebastian, andy we will be! having and event andi invited everyone to attend and participate. She will forward the details once she has a date. They will be having we have ar nice display that willl be ini the  North County Library as we continue to celebrate.  Ap photo was taken of Mayor Tyson, Holly Hamilton, and. James Hamilton.  7.PUBLIC COMMENTS: record.  Mayor Tyson asked if anyone from the public had a comment to state their name and address fori the Ben Baker, 240 S. Cypress Street asked ifi there was any way that they couldi table item 12(a) and 12(c)  fori thet fifth of September.  Manager Mathes statedi that that item "C" willl be removed from the agenda.  Manager Mathes asked Finance Director Claudia Alvarado to come to the podium to confirm if item  12(a) could bep postponed or not.  Financel Director Claudia Alvarado confirmed that item 12(a) could bey postponed.  1    Manager Mathes statedi that itisu upi to the Council ift they want to remove item "a" from the agenda. Manager Mathes stated that agendal items "a," "c" and' "d" should ber removed from the agenda. He stated that he is asking for item "c" to be removed because they want to make sure the pieces falli in linei int the right order, andi they are stilll looking fori the grant partnership agreement from Fellsmere Farms. The City wants to make sure that they are indeed on the hook to pay for overages so that thisi indeedis azero-cost project toi the city, whichhas always! beent the City's desire. And D, they are asking to remove at the city attorney's request because some contract issues they need to work through make sure they MOTION by Council Member Herrera SECONDED by Council Member Hernandez to move. Agenda item MOTION by Council Member Salgado SECONDED by Council Member Herrera to continue the Audit Agreement with Carr, Riggs & Ingram for the audit of the Fiscal Year 2023-2024 City Financials to MOTION by Council Member Hernandez SECONDED by Council Member Salgado tor remove Kimley Horn MOTION by Council Member Salgado SECONDED by Council Member Hernandez to remove Orchid  are acceptable. And agenda "a"is at the request of Ben Baker.  "e" from the agenda up toi item "a."  AIIAYES  MOTION CARRIED. 4-0  September 5th, 2024. AIIAYES AIIAYES AIIAYES  MOTION CARRIED. 4-0 MOTION CARRIED.4-0 MOTION CARRIED. 4-0  scope of work from the agenda.  Island properly management from the agenda.  Susan Adams asked for clarification regarding what items are still ont the Agenda.  Manager Mathes responded that the approval of the note modification the Marine bank promissory Mayor Tyson asked if anyone else from the public had a comment to state their name and address for  note and thel Resolution for the United Way kiosk.  the record and! hearing none he continued with Manager's Matters. 8. MANAGER'S MATTERS: Manager Mathes continued with his matters.  City Manager Resignation - Manager Mathes stated that his resignation will be effective close of business day, September 6th, his letter ofresignation was provided tot thel Mayort today. He expressed his gratitude for the all the support he had received from Council andi the Community to hire him for the position. These five years have been great and the total fifteen years with the City have been amazing, hisl longest tenure as ap professional. Hei thanked everyone who was with him all this time. Hel looks forward to still working with the City through Fellsmere Water Control District. Surf Park- Mesa Park Manager Mathes stated that the Surf Park was going to go out at the interchange as part of Fellsmere392 but that did not work out. He has now landed a contract at Mesa Park, the center band stage portion. Hes still thinks that is a good fit fort them, iti is not ini town, but still close enough to the freeway where the traffic will still be acceptable. Again, this is not a large entertainment venue. It is very comparable to what used to be out there in a different manner. But he put together a quick PowerPoint, just to give Council an idea of what hei is looking too accomplish. He did not want Mr. De Araujo spending al lot of time and effort on ar new piece of property if Council, just adamantly think that just was not the right spot. He did not ask Council to give any comment back, buti ifthey! have as strong concern, it would! hopefully ber nicei ift they could share its so Mr. Araujo can make his proper decisions and not waste al lot of his effort and time.  2    Luiz De Araujo proceeded with his PowerPoint Presentation. The Presentation included a visual plan for a surf park, including ai tropical entrance, board rentals, restaurant, and a boutique hotel. The park willi feature a skate ramp, playground, volleyball court ands snack bar with views of thes surfing area. They are hoping to accommodate 100 to 180 people at Surf Park. They would also like to Manager Mathes stated that he thinks this is a good fit, itis an entertainment venue, and he may  continue the road to come out at 97th, that will help withi thet flow oft traffic.  be able to dos special events as well. This is fully funded.  Mayor Tyson stated that hel liked thei idea. Council expressed no concerns.  Historic Marker - Hall Carter. James Neighborhood- the city has received a historic marker for the Hall Carter James neighborhood and suggests a short celebration when it is installed. Council Agreed. City Clerk Maria will reach out tot the Council regarding date and time. FIT Challenge Course Transition- Updates on Fit challenge course transition: FIT decided no longert to be int the business of operating the challenge course, andi the city can affordi the part time position that would be required to help run the place and the money once iti is up and running does cover the maintenance and certifications. It does not cover the overhead from marketing. The only downside ist that they are requiredi to submit a Financial Report tot thes state of Florida every year, of which FIT provides the city with that financial report because they are the ones operating the challenge course. Every year, they provide the city with a report that didr not include the overheadi int the charge against the course, because those employees were employees oft the college, and they just absorbed that. Well, when this new president came in and decided to nix this. They've went back the last four years and are claiming a revised financial reports. They are now including this overhead intoi it, and now, for thel last fivey years, it shows a negative balance, and they are not willing to give the city any money that they had in their bank account or that they had said to the city they had in their bank account before they revised the reports. They were supposed to have $18,000 in that account, plus or minus. But now, since they put all these extra charges after the fact, and their response to him was, well, you have to goi toi the state and submit revised financiais. He is not sure they have many rules to enforce in this, but he is disappointed. He reminded Council that the City of Fellsmere has a generous Capital Program, and he does noti thinki ity willl be a problem for the City but the firsty year, they may! have to then subsidize ther maintenance only. They have budgeted $30,000 out of the CRA to operate this. That $30,000 covers the part time expenses, cerlifications, insurance, and gives the City a little fati fort that firsty yeari ifi they needi it all. Mayor Tyson asked how much is thei insurance. Manager Mathes responded that is was a couple $1,000. Council Member Salgado asked how muchi it was being used.  Manager Mathes responded that of the problems with that course is it has not had all the amenities it needs to make itr more marketable. Int the summertime, they are walking through a foot of water to get from one element to another. There are no bathrooms out there. The parking lots haver not been improved. There is no drinking fountainnearby. There are nos shade structures there. The grant that the City has and that they are currently finishing design on a permitting, afully funded grantsi int the City'shand, they willl bep putting those finali improvements out there, He expects that this can be muchr more thani iti ist today. He can geti those use figures without ap problem, but he thinks they arer not goingt to reflect thet true opportunities that course Council Member Salgado asked if Manager Mathes can get those numbers.  can offer.  3    Vacancies on two citizen advisory committees- In search of two Fellsmere residents to fill Budget Update- Her misread thel budget at the lastr meeting and madei ther mistake tos sayi it was going to be a tight year, he realized he made a mistake, but they did cut $400,000 out of the budget which was a goode exercise. The City doesh have ab balanced budget, andi they willi take care of all the concerns' thati they want tot take care of, pays scale adjustment, staff adjustments, Insurance Packet update- The health insurance came in at a 50% increase, and the City did shopi fori insurance. Hep presentedi the results with Council and statedi thats staffi isr recommending Constitutional Office update- The City has met now with all three constifutional offices, and sO far, only the clerk of the court does not desire a space out here. However, this kiosk ist through United Way andi their office, so they are kind of outh herei in an informal way. The City does! have some: space needs requests fromi thet tax collector, andi they also met with' Wesley, and! he has giveni the City his space needs. Nowi iti is) just ar matter off finding ap place to put the nonprofits: sO Short term lease of 11 N. Willow for transitional FACT Resource Center- He suggested reaching outt to Catholic Church about relocating and leasing 11 North Willow buildingt fori the nonprofits. He thinks thatr might be a good opportunity to relocate the nonprofits, not Frog Leg and then alsol bringi insomer more nonprofits, almost like anincubator tot thet futurel FACTResource Center, to get more services. And show the community what they are trying to accomplish with the Council Member Herrera stated that the church is usingt thet facility but suggested reaching out  vacancies, please see City Clerk fort the details.  etc. He will discuss furtheri in his detailed presentation on September 5th,  they go with option 2. Which is only a 3.1% increase.  that the City has the basement space to start.  Resource Center.  to Father Sabas for more information. Closed 9/2 & half a day on 8/30 -1 for Labor Day. Council Member Salgado asked about thel half a day,  Manager Mathes stated that was changedi ini the SOP'sa couple of years ago toi take certain major holidays and give an additionall half day the day before. It was done informally through Jason, and it was not in the SOP, and when he became City Manager he asked if it was Council's desire to continue the half a days to formally put it in the SOP and it was formally Waive Special Event process for Friday night right kickball - 11/01 @ 6-8pm sponsored by Substance Awareness Center- - Being itis ar nonprofit he asked Councili ifi they could waive the formal special event process and let staff work with them to be successful on that. Council N.V Willow / HCJ Neighborhood Cleanup 9/7- They are now called the Fellsmere Progressive  done ai few years ago.  Agreed. League.  Travel Softball League w/Food1 Trucks - They wills start on 09/15. Meeting at 5pm to discuss the City Manager transition process.  Special Meeting for August 22nd, 2024 - Council agreed to have the Special City Council  9. MAYOR'S MATTERS:  (a) Finance Department Reports - July 2024 (b) Police Department Reports-. July 2024 C) Public Works Department Reports- - July 2024  4    (d) Grant Report (e) Development Report Mayor Tyson stated thath hel hadr no matters. 10. COUNCIL MEMBER'S MATTERS:  Council Member Herrera- Hes stated he had no matters. Council Member Salgado- She stated he hadi no matters. Council Member Hernandez- - She stated he! hadi no matters. 11.CITY AITORNEY'S MATTERS: Attorney Dills stated hel had no matters.  12. NEW BUSINESS: City Financials.  (a) Approval of Audit Agreement with Carr, Riggs & Ingram for the audit of the Fiscal Year 2023-2024  Item 12(a) was continued to September 5th, 2024. Item 12(b) was movedi to the last item of the agenda.  (b) Approval of Note Modification Agreement for Marine Bank Promissory Note.  (c) Approval of Kimley-Horn scope of work for engineering services for the force main-lift stations  construction tot the shrimp farm. Item 12(c) was removed from Agenda. trimming and removal services bid. Item 12(d) was removed from Agenda.  (d) Approval of Orchid Island Property Management II, Inc. as the contract awardee for the tree  Item 12(e) was moved to thet first item under New Business.  (e) RESOLUTION 2024-73/ A RESOLUTION OF THE CITY OF FELLSMERE, INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE LEASE OF CERTAIN CITY OWNED REAL PROPERTY PURSUANT TO SECTION2-2300F THE CODE OF ORDINANCES OF THE CITY OF FELLSMERE, FLORIDA, TO UNITED WAY OF INDIAN RIVER COUNTY, INC.; PROVIDING FOR THE PURPOSE FOR WHICH SUCH REAL PROPERTY WILL BE USED; PROVIDING FOR THE TERM OF THE LEASE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICTI HEREWITH; PROVIDING FORS SEVERABILITY; ANDI PROVIDING ANEFFECTIVE Mayor Tysoni introduced the Resolution and Attorney Dill, read Resolution No. 2024-71 byt title only. Manager Mathes stated that he is excited to have this, he thinks it is a great addition for the United Way CEO Meredith Egan and Project Facilitator Lisa Kale discuss the Access to Justice Initiative with the City of Fellsmere. She appreciates the support of the City of Fellsmere and also of Mrs. Egan announced the launch of 3rd legal kiosk in City Hall, addressing critical need for accessible legal services. United Way of Indian River County, in partnership with the Clerk of the Court local judges, court administration, county government, have opened two groundbreaking  DATE.  residents.  County Commissioner Susan Adams.  5    what they call the Jeffrey R Smith, Access to Justice self-help centers back in September of 2023 these centers aim to bridge the gap between residents' legal needs and the complexities of the legal system the Access to Justice self-help centers assist selfrepresented parties in the areas of family law, small claims and residential eviction cases. The centers are uniquely designed to facilitate access toi thel legal system for self-represented parties through technology, which are the kiosks, as well as in person assistance. They have two staff members who are, int fact, bilingual, and they will be making a rotation throughout all the kiosks, five days a week. They will be in Fellsmere probably one day a week in person, but the kioski is open any timei the City Hall is open. Those staff help customers navigate legal procedures and find and complete legal forms, easy to use, confidential legal kiosks will allow customers to find complete and submit forms and documents, meet by zoom for attorney consultations and appear remotely for court hearings and other mandated appearances. Together, these functionalities are creating a more effective continuum Program has already served over 1000 customers and provided 160 local consultations with Mrs. Egan discusses access toj justice system for legal aid, System provides affordable legal advice  of care for those in our community who are not represented by an attorney.  volunteer attorneys. for residents.  Volunteer attorneys offer $1/minute consultations for various legal cases. sharing information on how to access it without repercussions.  Commissioner Adams stated that it is a fantastic program to help people maneuver through the legal process. She asked Council for help promoting the center to different community groups, Manager Mathes suggested they send any promotional material to City Clerk Maria Suarez- Councill Member Salgado raised concern about camera recording ini the current location and also Ms. Egan stated that in regard to they personal information, after they end theirs session, they system Manager Mathes stated that the Public Works Director will follow up on the camera issue. He also mentions potential downside of current location are occasional meetings may disrupt public Commissioner, Adams statedi thati their goali ist tog get the Access system outi to Fellsmere, the location does not have to be permanent, andi it can reevaluated, andi it can be moved. She is gratefult to havei iti in Felismere, and they really appreciate the City's partnership in makingi it happen.  Sanchez.  asked for clarification on personal information being inputi into the computer.  automatically wipes any personal information.  access.  Being no further discussion Mayor Tyson entertained a motion.  MOTION by Council Member Herrera SECONDED by Council Member Hernandez to approve  Resolution: 2024-73. ALL AYES  MOTION CARRIED 4-0  (b) Approval of Note Modification Agreement for Marine Bank Promissory Note.  Manager Mathes stated that they didi this sometime back for some vehicle purchases, andi it had a deadline of when to draw out the amount. They did not draw out the entire amount, but now with this yearsvehicle purchase, they wanti to draw outi the entire amount and they needi to extend that promissory note, sO that they have it open to purchase these next round of vehicles. It is just extending the current line of credit they have that was openspeclically toj purchase vehicles, and  6    now' we are buying more vehicles through this program.  One ofi the thingsi they! have learnedi in doing the CIP update ist that at five-year vehicle rotation will cost the City approximately, when it is fully prescribed, about $500,000 a year. It is an expensive thing to accommodate a replacement schedule every five years, he thinks they can afford it because their infrastructure fund will be going up as sales tax goes up in the community as the community grows. Buti if, fors some reason, that is slowed down, they may have to slow down the replacement schedule, because they cannot afford to lose half of their infrastructure fund just on  vehicles. This year will be fine.  Beingr no further discussion Mayor Tyson entertained ar motion. Note Modification. Agreement for Marine Bank Promissory Note.  MOTION by Council Member Hernandez SECONDED by Council Member Salgado to approve the  ALL AYES  MOTION CARRIED 4-0  13. ADJOURNMENT: There being noi further business Mayor Tyson adjourned the meeting at 8:05 p.m.  These minutes were approved! by the City Council of the City of Fellsmeret this 5H day of September 2024  Mezhke MoohSgeasorchecwc. City Clerk  COXT2A0BISMNUTESDOC  7