#5(a)  CITY COUNCIL MEETING June 6, 2024 = 7:00 P.M. MINUTES  1. CALLTOORDER: Mayor Tyson called the meeting to order at 7:00p.m.  2. ROLL CALL: ABSENT: louchberry,  PRESENT: Council Member Herrera, Council Member Salgado, Council Member Hernandez, City ALSO, PRESENT: Utility Director Kevin Burge, Public Works Director. Andy Shelton, Building Director Kevin Klopec, Grant Administrator Laural Hammer, Finance Director Claudia Alvarado, and Police Chief  Manager Mathes, Attorney Dill and Mayor Tyson  3. PLEDGE OF ALLEGIANCE: The Pledge was recited. 4. INVOCATION: Mayor Tyson gave the Invocation.  Mayor Tyson has asked City Clerk Maria to change future agendas to do the invocation first and then the  Pledge of Allegiance.  5. APPROVAL OF MINUTES:(a) City Council Meeting of May 16, 2024. minutes for the City Council Meeting May 16, 2024 6. PROCLAMATION: (a) Calli for Special Election  MOTION by Council Member Herrera SECONDED by Council Member Hernandez to approve the  ALL AYES:  MOTION CARRIED4 4-0  Mayor Tyson introduced the Proclamation and Attorney Dill read iti ini its entirety. they will be working with the Supervisor of Elections for an election.  Attorney Dill stated that a Council Member has resigned and that thisi is the first step in the process, and (a) ORDINANCE NO. 2024-20/AN ORDINANCE OF THE CITY OF FELLSMERE, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE PLAN ANDI FUTURE LAND USE MAP SERIES AS REQUESTED BY MARIAN ESTATES; AMENDING THE TEXT OF THE COMPREHENSIVE PLAN CHAPTER 1. FUTURE LAND USE ELEMENT, GOAL FLUE A. LAND USE OBJECTIVE FLUE A-3 INFILL DEVELOPMENT AND REDEVELOPMEN, POLICYFLUE, A-3.2. OVERLAY DSTRICTBOUNDARES, ANDCHAPTER 1. FUTURE LAND USE ELEMENT GOAL FLUE B. FUTURE LAND USE MAP OBJECTIVE FLUE B-5 GARAFOLO; FURTHER AMENDING THE FUTURE LAND USE MAP TO. ADD 10.34 ACRES MORE ORI LESS AS CR512 OLD TOWN OVERLAY DISTRICT; PROVIDING FOR RATIFICATION; AUTHORITY; COMPREHENSIVE PLAN TEXT AND MAP AMENDMENT; TRANSMITTAL PHASE; ADOPTION PHASE; TRANSMITTAL OF DRAFT PLAN AMENDMENT AND FINAL ADOPTION DOCUMENIS; COMPILATION; SEVERABILITY; CONFLICIS; AND PROVIDING FORA ANEFFECTIVE DATE./ 2nd Reading and Ist Public Hearing for. June 6, 2024 at 7:00pm. Mayor Tyson introduced the Ordinance and Attorney Perez, read Ordinance No. 2024-20 by title only. Manager Mathes stated that they have hadi multiple conversations with this over the past few months. Itt took them multiple times to get through thet first reading. As a result of those attempts, the applicant was directed to go back and revise the site plan. Hei is eliminated the 40-foot lots. This is just the first of many steps. Thisi is not af final approval. There are still opportunities, although, asl lencourage you, ini the past, we would not want tot taket them down the wrong path. Moving this forward, hopefully, wouldbe a consistent approach of council going forward, assuming nothing else changes. Again, it is your  7. PUBLIC HEARINGS:  1    prerogative of council majority to decide in the future whether this continues. It will go up to the state for 30days, come backi to us forf final adoption ati that time. He asked for additional 12 units andi thati is what this does to address the number of units. Andi it also brings in the commercial opponent, intoi the overlay district. Ifelt being SO close to Myrtle, which is the end of the City overlay and almost like an extension of the Old Town, itr mades sense toi include that in the oldi town district. He recommendedi that int the future, that ifi there is any further development west of park laterai, which would be a different district. Thisi isj just transmitting it, ifiti is approved tonight, toi the State of Florida, iti is not a final action. Manager Mathes stated that the only phasing they will be on this project is the fire station wil go at its own pleasure through Indian River County. Commercial willl be a second phase, because he does not have ane end user yet. All oft ther residential will be a single phase. They really treat phases on residential not by the buildings, but by the infrastructure. He plans to build all the infrastructure, the roads, the water, thes sewer, the storm water, the landscape buffersi tos support all oft the residential as at first phase. Manager Mathes responded that is going to come back as part of one of Council's future approvals that will be in the development agreement and preliminary development plan approval. Right now, they have negotiated at the staffl level not the Council that nol latert than the 200th residential unit, soa little more than half of the project before ther roadi is done. He will have to start it at the 100th no later thant the 100th permit andt finishi ith by no later thant the 200th permit. Andi the reason! being, he'ss spending the first profits of the 1001 lots to help pay for the cost of this, because thei impact fee reimbursements that he will get, they come after the permits issued, so hel hast to upfront the money and then get paid back ast the! houses come online, ands so prior tot thef first 100, he's also paying for his on-sitei infrastructure. Hel has also submitted a traffic statement at this point that shows no concurrency problems. The city is still working with the county to see ift there is an issue that might occur prior to the 200th permit. Council Member Salgado stated that she would like to see that sooner than later.  Council Member Salgado asked about phases.  Council Member Salgado asked when will they be doing thet turn lane.  Manager Mathes: stated that ity would ber nice andi fairi tot the applicant ift they! have aj joint decision that they need to work out a concurrency and concurrency is dealt withi for transportation on a peak-hour basis, not a daily basis. They will keep pushing the county for the response on the on this traffic statement, and we will get back to you at an appropriate time of that and we will continue that Mayor Tyson opened the Public Hearing and asked if anyone in the audience wished to speak on Ordinance 2024-20t to come to the podium and state their name and address for the record, Eric Boissat- - 144N N. Cypress St., Fellsmere - Expressed caution when dealing with newcomers, andt tol be Mayor Tyson stated that this Council does have the capability and a very capable staffi that can look for all the pitfalls and also be on the lookout for scams. They are smart enough to be able to work around, but also work with these people when they come in. Several years ago, with the help of Rochelle the City established the Community Redevelopment District and made several adjustments towhat they originally thought it should be and got its set ups soi that everybody was happy, soi thatt they cannot come in and build! bigs skyscrapers or thingst that are that just does not fit with the ambiance of Fellsmere has always been. With that in mind, and unless we get a city council in the future that will Manager Mathes added that developers and commercial properties are not protected from code enforcement foreclosure. The developers do not promise anything they are legally obligated, and if they choose not to go that way, the city can foreclose on their property. Itisnoto ap promise, itis al legal  conversation.  cautious andr mindful whent they are making decisions.  change all that, then he thinks they are safe in that respect.  commitment.  2    Mayor Tyson opened the Public Hearing and asked if anyone in the audience wished to speak on Ordinance 2024-20 to come to the podium and state their name and address fori the record, hearing MOTION! by Councill MemberH Herrera! SECONDED by Councill Member Hernandez to approve Ordinance ROLL CALL: AYES: Council Member Herrera, Council Member Salgado, Council Member Hernandez,  no more comments he closed the public hearing.  2024-20. ALL AYES ALL AYES  MOTION CARRIED. 4-0 MOTION CARRIED. 4-0  and Mayor Tyson NAYS:none.  City Council recessed and reconvened as the Board of Adjustments  (b) RESOLUTION NO. 2024-30/ A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF FELLSMERE, INDIAN RIVER COUNTY, FLORIDA, GRANTING A VARIANCE FOR LOT AREA, LOT DEPTH, FRONT SETBACK, AND: SDEWAKCONSIRUCTONREQUREMENI ALONG NORIHWILOWSRE, ALL FOR THE PROPERTY OWNED BY ANTHONY B. BROWN, SR. LOCATED AT 1005 VERNON STREET; PROVIDING FOR RATIFICATION; FINDINGS REQUIRED; APPROVAL OF VARIANCES; CONDITIONS OF APPROVAL; REPEAL OF CONFLICTING PROVISIONS; SEVERABILITY; AND PROVIDING FOR AN Chairman Tysoni infroduced the Resolution and Attorney Dil, read Resolution No. 2024-30 by title only. City Planner Robert Loring this is at final development plan for at food truck. This particular site is located on the comner of Willow and Vernon Street. Historically, this is a residential neighborhood, but had commercial components ini it. This is a continuation of those kind of uses. This particular propertyi is less than a quarter acre in size because of the configuration oft the proposed final development plan, the applicant is requesting relief fromi three items specifically, andi that would! bei thel lot depth from 100foot minimum to 80 feet. The lot area from 12,000 square foot minimum to 8712 square feet. And finally, because of thel location of the proposed: food truck, there would be at front setback relief from 351 feet to 14feet.. Ando also, deference fromt thes sidewalk being constructeddlong: the eastr rightaway at Willow street. It is just a single loaded driveway on Vernon Street to five parking spaces, one of which is a handicap parking space with an ADA compliant walki tot thet foodi truck.. And then at some pointi ini time, the temporary seating area will turn into a permanent seating area. The perimeter will have a dry retention pond, and the site plan itself has landscaped areas designated along the front, the sides and Manager Mathes added the discussion with the city attorney and him and Bob about how to proceed ont this they were choosing between any planned development, conditional use versus variance. They decidedi that conditional uses will no longer be used if variances are needed, they willi then decide to go to either a PD or variances. Attorney Dill felt this met the variance requirements of the city code. They are nots self-imposed, because, for some reason, int the past, the city gave commercial use: to this property. There might have been a commercial use on it back in the 50s and 60s when they created the: zoning map, and sO they gave it commercial at the time, ith has been a vacant lot in a residential neighborhood, and it just happens to border Willow St. As a residential lot it was not platted for the purposes of commercial but yet it has a commercial designation, and the city has to respect that designation because the city gave it to them. The city is expected to give the minimum required variances necessary to make an unusable property. And this is what staff is doing with this resolution. They feel like this will give residential character by making sure there's adequate buffering and landscaping around the site and making sure it's not overly intensify being used. And again, single food  EFFECTIVE DATE./ 1s Reading and Public Hearing for. June 6, 2024 at 7:00pm.  rear of the property.  truck five spaces they think would meet that requirement.  3    Mayor Tyson askedi ifi they could eat on the property.  Manager Mathes responded that whenever it goes through a sitep plan process, whichi is when they are making a permanent food truck they can have dining at the site. Ifiti is coming and going and not going through a site plan process, it can only be for takeout and delivery. That is the one that is regulated by this State, which the city has less control over, although the city will be bringing back a regulationsoont that willp put the controls onit iti that they have allt talked about in the past. Whati this does it gives them the permission to have the onsite dining if they choose, and it gives them permission to keep that food truck there permanently if they choose. They can also take their food truck away for  events and other places.  Being noi further discussion Chairman Tyson entertained a motion.  MOTION by Council Member Salgado SECONDED by Council Member Hernandez to approve  Resolution No. 2024-30. ALL AYES  MOTION CARRIED 4-0  The Board of Adjustment recessed and reconvened as the City Council. (c) RESOLUTION NO. 2024-32/ A RESOLUIION OF THE CITY OF FELLSMERE, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF CONDITIONAL USE PERMIT AND SITE PLAN APPROVAL FOR ONE (1) MOBILE FOOD VENDING UNIT OWNED BY ANTHONY B. BROWN, SR. AT 1005 VERNON STREET; PROVIDING FORI RATIFICATION; CONSISTENCY WITH THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE; APPROVAL OF CONDITIONAL USE PERMIT AND SITE PLAN; CONDITIONS OF APPROVAL; REPEAL OF CONFLICTING PROVISIONS; SEVERABILITY; AND PROVIDING FOR AN Mayor Tysoni introduced the Resolution and. Attorney Dil, read Resolution No. 2024-32 byt title only. City Planner Robert Loring stated that this is a site plan, or development plan for a food truck. In Resolution 2024-32 item number four, has 22 conditions of approval for this particular project. He will focus on the site-specific conditions. They have to obtain all their permits. All the public and private improvements for the development are going tol be the responsibility of the applicant. They are going to deferi the architectural elevations fort thatp proposed outdoor: seating areau untilt they proceed withthe building permit, and at that time, thats structure would have to meet the district standards. There is also ap payment in lieu of the street trees along Willow Street for the sum of $1,800 which would be due 12 months from the adoption of this resolution, they would not require any additional interior trees, provided that they maintain their existing trees on site. The plan does not specify landscaping any longer. They would have to bring the city a landscaping plan within six months of adoption of this resolution. The reason the cityi is getting away from that is because the city simply does not know what isavailable anymore by the nurseries, so the cityi is kind of putting that on them to propose something. Manager Mathes added that the city does not want to get in the business of being landscape architects. Andi technically, landscape plan is a site construction element, not a site plan element. Site construction plans are approved by staff. Site plans are approved by Council in most cases. City Planner Loring continued with the conditions and stated that they have to have to build a handicap parking stall with ADA compliant walkways. If they are going to use stabilized millings or rock that stabilized area has to remain free of weeds. There is no other outdoor sales other than the food truck thati ist to be located on site, the applicant is going tol have to get ab business tax receipt, and they are going to have to operate the food truck ini the coordinates with their city code. The big one is, is that the applicant is going tol have to enteri into ap payment plan withi the city fort the Indian River County impact fee since broken up into two phases. Phase one will be for the food truck parking area with sidewalk that comes upt to a sum of $4,037.22 and phase twoi ist that seating area. Itis a3 360s square foot area. The impact fee to the county is $7,340.40. And one final note, the city does have ap provision in  EFFECTIVE DATE./ 2nd Reading and Public Hearing for. June 6, 2024 at 7:00pm.  4    that section for conditions of approval that says, if things go haywire, they always have the right to Manager Mathes added that this does meet the 1500 currently proposed spacing requirement if the Council were to amend the current law. This is not causing any problems with adjacent foodi trucks or  come back and curtail the use until they bring the site! backi into compliance.  anything like that.  Being noi further discussion Mayor Tyson entertained ar motion.  MOTION by Council Member Salgado SECONDED by Council Member Hernandez to approve City Council recessed and reconvened as the Community Redevelopment Agency. (d) RESOLUTION NO. 2024-33/ A RESOLUTION OF THE CITY OF FELLSMERE COMMUNITY REDEVELOPMENT AGENCY INDIAN RIVER COUNTY, FLORIDA, CAUSING THE SUBMITTAL OF THE 2024 UPDATED AND MODIFIED PLAN WHICH CONTAINS AN EXTENSION OF THE COMMUNITY REDEVELOPMENT AGENCY TERMTOFORIY (40) YEARS! SUNSETTING ONOCTOBER1 1,2046, TOTHECIY OF FELLSMERE, LOCAL PLANNING AGENCY/PLANNING AND ZONING COMMISSION AND CITY COUNCIL WIHITSRECOMMENDATIONFOR. ADOPTION; PROVIDINGI FORSEVERALIY,PROVIDINGFOR Chairman Tyson introduced the Resolution and Attorney Dil, read Resolution No. 2024-33 by title only. Manager Mathes stated that the State made some changes in their laws that kind of concerned the City with regard tot the timet frame of our CRA plan. To help memorialize thel longest optioni to! keepi that CRA in case they continue to go down that path of restricting things, which seems to be the mode these days. Ati thes same time andi iti isr notp part oft this action, but at the same time, the city realizedi they also needi to amendi thel boundaries oft the district, because the Cityr made certain annexationsl recently, it only made sense those properties were included in the CRA. For example, we annexed six lotss south of 89th Street near' Willow, all of 100th lane, 100th place and Mr. Foti's property just on the other side of park lateral. Those are the kind of properties that were in the CRA, and once you annex them, it only makes sense to bring those new ones in too. That will be the second task they do. This one is just extending thet timeline, updating the plan to reflect what they have accomplished, and maybe throw them a1 few new ideas that might be in there. Thisi item is oni their agenda as a CRA, because the CRA hast tor recommend to Council, Council willl be havingi theiri item ont the 20th1 for adoption. He didi include the entire documents and askedi ifi the Council wantedt the detailed presentation or wait untili the public  Resolution No. 2024-32. ALL AYES  MOTION CARRIED 4-0  CONFLICTS; ANDI PROVIDING ANE EFFECTIVE DATE.  hearing.  Council agreed to go over the presentation ati the Public Hearing on the 20th, Being noi further discussion Chairman Tyson entertained ar motion.  MOTION by Agency Member Herrera SECONDED by Council Member Salgado to approve Resolution  No. 2024-33. ALL AYES  MOTION CARRIED 4-0  Mayor Tyson asked what would iti take to abolish the CRA.  Manager Mathes stated that it can either be done through state action, or it could be done by local action. The benefit of a CRA is that you get to get a littie bit of the county money that you otherwise wouldnot get, and theyhave tot then givet their portion of propertytaxes, not counting thes schoold district and others. They have to give their portion that they are required to give to the City. By having a CRA the City does get extra money they would not getr normally, they do have to spend that money on what the CRA offers. Whati the plans says the Citywants to do, those are thet things they can: spend the  5    CRA money on. Ifitis is not in the CRA plan, they cannot spend the CRA money on it. It is an important document, because it tells you how you are going to spend your redevelopment money to revitalize the downtown. Thisy year's budget willl bei thet first year that the City will be getting money from the 2009 expansion. On top of all that, our preliminary numbers from the Property Appraiser were that our Community Redevelopment Agency recessed and reconvened as the City Council. Mayor Tyson asked if anyone else from the public had a comment to state their name and address for Eric Boissat - 1441 N. Cypress St., Fellsmere Expressed concerns about mandatory trash pickup, feelingi it  valuations went up 11%1 thisy year.  8. PUBLIC COMMENTS: the record.  isr not right toi force people to do something they dor not want to do. Mayor Tyson statedi that itemi is on the agenda andi is upt for discussion,  Mayor Tyson asked again, if anyone else from the public had a comment to state their name and address for the record, seeing and hearing none he continued with ManagersMatters.  9. MANAGER'S MATTERS: Manager Mathes continued with his matters.  Financial Reports- The current financial reports provided to Council are the registers of where the City spends money andi the balances. The information that they are not receiving isi if they are staying within budget. He stated that Finance Director Claudia Alvarado wanted him to ask if Council is  interested in getting Budget to Actual type of printout. Mayor Tyson stated that is what the auditor is for. Vice Mayor Herrera stated that ifhel has a concern, he will talk to her. Council Member Hernandez was noti interested. Council Member Salgado would like them emailed tol her.  NY Ditch Pipe Grant Issue- They got all the way to contracting with a great priced firm a good reputation. They struggled to get their bond in place, only because they are a small firm, and they provide such great prices. They were able to convince them they had to put in extra collateral." They were all readyt toi issuei ther notice to proceed and start construction. Andt then! Ihadac conversations with a second grant, the one that is doing the Broadway revitalization, decided to be forward with my thoughts, and said, Hey, you do know that Broadway crosses right over thei top of the New York ditch, and the City has grants for both of these projects. Bells and whistles went off, apparently there is some federal rule that says when they have two projects in the same area, they have to do a single environmental. record that combines both projects. The City hadr noi ideat they were even going tol have the Broadway project when they started New York, the City did the environmental review two years ago. Now they are tellingi the City, they might want tol hold off on starting construction ont the New) York project until they resolve whether or not they needi to do a combined environmental report. Now they are waiting fort the grantor to get back with themy with a response ifi they do or do not need a combined environmentalr report. Ifthe answeri isy yes, youd do, we're going to sit on thisf fort threer months until this gets done, and at that point Thave to talk toi the contractor, if he can hold his prices. He will keep Council Challenge Course Operator withdrew (see attached) - He passed out a letter that they no longer want to operate the challenge course. He thinks iti is a very valuable facility for Fellsmere, he does not think it has been utilized as much as it could be, because they have not been able to get the boardwalk, the bathroom, thei improvements out there. The City has the grant now, andi ift they can get the Army Corps permit issue solved, it is ready to go forward as well. The City needs to decide ift they want to keep it or do they want them rip everything out and turn it into a nature preserve, or do we wanti themi to give us ab bill of sale andi the City become owners of everything out there and the City will  abreast. He added that they didi find $400,000 extra dollars for the City.  figure howi to operate the challenge course.  6    Mayor Tyson saidi it could be a valuable asset, hei thinks there is al lot of money out there. Manager Mathes stated that he does know that it brings in about $20,000 a year, which covers its maintenance and certification costs, andi it covers the cost ofi thet facilitators who youhave tol have to use that facility. What it does not cover is the overhead staff, the marketing staff, the management staff. His understanding ist thati is about 30,000 a year. His expectation is, ist that once we get alli thel bells andy whistles at the park done, they should get morei than $20,000ay yeari ini revenue. He cannot promise the City can bringi in the whole 30,000 deficit, but there are plenty offunding sources that could possibly be usedt tos support that. In addition to: the general fund, het thinks there's probably language in the CRA that they couldf find, or putl languagei ini the CRA, ift they needi to, But hel likes thei idea of at least getting the bill of sale, andi iti is buying time tof figure it out. They are going to work within the budget ands see if they can do something. He asked Council if they were okay with him having a meeting with them to Mayor Tyson stated that he thinks that it could be developed into something pretty nice. He asked if Manager Mathes responded that ist the other option. The gentleman who was operatingi it through FIT, his pay was cut by 30% because that was thet time he spent on the course. His hours were also cut by 30%s sol he is offered his services as a vendor, although the City would probably have to go out for abid to doi this, but, ore even potentially ap part time employee that does not have any benefits, iti isj justs straight pay, which ist the same as a vendor. There's a couple of options. He has been operating it for five years now. Hei is more than wanting to continue to operate itk but would have tol ber not through FIT. Attorney Dill stated that is a potential, attractive nuisance, ifiti is not monitored on a regular basis and  talk about this further in detail. Council Agreed. the City could hire some organization to manage it.  sealed off fromi the public.  Manager Mathes stated thati is notr monitored on a regular basis.  Attorney Dill stated it is not the City's liability either, it is somebody else's. If the City is going to take it over, they willl have to get serious about the facility out there. He: suggested to: start talking tot the city's Manager Mathes appreciated thei input ands stated that he will talk tol him as tol how! hei feels might be Council Member Salgado asked ifi iti is going to bes something similar to what the city already has or will Manager Mathesr responded that he doesr not seei ith being any different to whati itist today, just operated by different entity. Attorney Dilli is correct, though. It brings a different liabillity well. He appreciated the guidance from the city attorneys, and he will start a conversation with the insurance company. He will Stormwater Workshop- The City is 50% through a major stormwater study update, and part of the scope of the stormwater update is to be consistent with the community rating system flood program, whichi is a program thatr reduces thei floodi insurance cost for those whol havet floodi insurance. The City does not have al lot ofi floodi insurance policy holders ini town. A lot of people in: their house outright. A lot of people, just dor not get regulated mortgages, but there are: some in town that are in ai floodzone that do have ther mortgage as requiredi if your have ai federally subsidized mortgage. But thes scopev was with a technical engineer who isj just doing thei technical work. The City does not have in their scope any oft the public input that would aiso get the City points through the CRS program. He would like to schedule ay workshop with Council to go over the current findings of the study, whichi is basically, what are the problems andi to brainstorm solutions, obviously bringing the public here. He does not think this study necessarily needs to go overboard with regards to outreach, the typical outreach should be sufficient. It's really more of an exercise to give an opportunity for the public, but also to cover the City basis for getting the necessary points tol help reduce theirf floodi insurance, ift they happen to havet that,  insurance carrier.  an appropriate way to protect the city'sl liability. it have tol be a different type of insurance.  communicate back with Council.  7    the City may follow that up in the future with the second workshop at time of adoption, to give the public an opportunity to comment on that. He would like to schedule a workshop, no later thanJune. Maria will assist in setting that date with Council and when set he willi invite the public to see what the Code Enforcement- The City has been out of a code enforcement officer now for a few months. The City lived with the part time code officer for at least 15 years, whichi is thei time he has been with the City. For the first 10 years he was the code officer. He was able to get about a quarter of his time into thej job. He has shared with Council his desire to gof fullt time with this coming budget. Council had asked him to come back during the visioning workshop and give them ap preliminary. Hej just wanted to again, express his concern that things are getting a little out of control, not just residential, but commercial businesses as well. He just wants to make sure that when it comes time for code enforcement and Council get a call from an irate small businessman that you have your staffs back. Because hej just wants to make sure that he is given the level of enforcement that Council wants. And rightnow, his understanding ofCouncilsf flexibilityi ist that ifitr requires ap permit, they dor not getit because he is not letting them put something permanent on the ground, if they do not have their site plan approved. He can do driveways, fill, and clearing but Council decided to stop where permits are S.Carolina/ N. Pine Traffic- He got a call from a concerned resident at North end of Pine Street for acouple reasons. One, she was hearing rumors about as storage facility coming in, he assured hert that's not happening, but he did share with her that there is that potential Fish Camp coming, the one with the beautiful cottages. She did not have problem with that. But she also expressed that there are already al lot of trucks using that road. The City! has a sign for no through trucks, but al lot of trucks are using. They can telli that because just looking at the road and the corner sign gets knocked down all the time. And! honestly, he thinks the City needs to extend the no truck to North pine and the east side of South Carolina, not west to Babcock, but east from Broadway to Pine and North pine, he would like to extend as no truck andl lower thes speed limit, soi it gives our officer an opportunity to enforce that as well. Andi they may even want to even dos some potential physical road changes. Ift that is not enough, he thinks they should start with signage and maybe start with some other regulatory things ands some enforcement see ifi thaty works, andi if that does not, they needi to maybe gos some other things. And maybe we might even want to even think about maybe doing a traffic count of the types of vehicles. Hes suggested) putting the counter back out and seeing ift they canf figure out how many trucks might be usingt that at the corner on South Carolina before the corneri it would be good spot. Council Member Salgado stated that New York and Broadway also get congested, and she understands why they go down that way. If they are going to do that then they have to produce Manager Mathes reminded Council that a successful downtown has traffic problems. At some point you want cars to go very slow when you're downtown, because that's where you got people walking, crossing the street, and you want them going slow. He is not saying there is not a problem, he will certainly look into that, but some places he is happy people are going slow and North Broadway's is Outdoor storage related to Concrete business- The City has a gentleman wanting to come iny with anuance on concrete. Th City has an exclusion for concrete batch plants. He does not want to do concrete batch plant. He just wants to store his material separately and he wants to come pick those upi ins separate bins, not mixi themi in separate bins and drive them off thes site. Because apparently there are some vehicles that do ther mixingi in the vehicle at thej job site. Hei thinksi it is a pumpi truck, is whati it does. Hei isi in the pumping business, and they dor not premix it like a mixer, they wait till they get to the job site when they doi the mixing. Hei isl looking for outdoor storage. There is no mixing, therei is nol batch  City's consultants come up with in terms of problems andi ideas for solutions.  needed. Hopefully, they can find a solutioni toi that at the visioning workshop.  another solution for that.  one of them, fors sure.  plant, there isr no creating. He isj just storing three separate items. Mayor Tyson asked where does he want to doi it.  8    Manager Mathes responded that it would be in Nick's place, Antiquo Stone. He added that Nick use tol have as side where he kept cement in. He wantedi to confirmi that his interpretation ofi the code was correct, and the applicant will still have to come to Council for as site plan amenament, it may meet staff requirements, but he does not know yet because he has nots submitted an application. He asked  Council if they were ok with his interpretation oft that use. Council agreed.  Attorney Dill asked how! high are thes silos.  Manager Mathes responded no more than the height limit of that district, 30/32 feet.  Nasa Flood Study -FAUiS is doing ap partnership with NASA on doingaf flood study andi theyj just asked ift the City wants tol be part ofi it. Itj just means he gets to goi to a couple of meetings and participate. He is going to send them a letter saying that the City would love to be involved and then if any good FACT Resource Center update- He presented a brochure to Council. He wanted to talk to Council more about the partnerships about which they have talked. FACTisr not a very old nonprofit, andFACT is not a service nonprofit they are more of a coordinating nonprofit, not that they have not done projects, but they are more coordinating body, and without a deep history, there is al lot of reluctance int thec community to donatet tot themb becauset they dor not have at trackrecord. They havel beeny working with two very established nonprofits, onei is the Economic Opportunity Council. They are the ones who runt the Head Start program and other things, andi the Motivational Edge, with lan' Welsh, althoughh hei is new to the county, he has done great things already being here, but he has a long track record in South Florida, having done a number of youth campuses and development programs. And they are waiting for the EOC board to formally agree to a more in-depth partnership on this. The details would be work outt throughawitten: agreement ofsome type, buti its seemsi tol be movingf fromo aFACTE Resource Center to a consortium of ar nonprofit resource center. It was always intended to be ar resource center for nonprofits to come and provide theirs services. Thati is what the whole thingi is about. Buti it was always going to be FACT, making it happen, and now it is going to be a consortium of nonprofits to make it happen, because they need their depth, they need their history in the community. They need their respect tot the community, not that the! FACT does not have respect, butj just dor not have the long-term recordy yeti to get that done. Andtheys are taking a couple ofr months off oft this process because: summer is not a great time for fundraising. It will come back in time, just for the season. They cani then be in full ground, havet the partnershipsi in place, andi then hopefully hitt the ground fundraising al little harder this And the other update was that the City has asked Fellsmere Farms to donate five acres to the City of Fellsmere, but that is not in the city. It was not in the city when they annexed originally, because they didr not have 100thl Lanel 100th Place that would have created an enclave. They purposely left outt that five-acre piece because they could not allow the creation of an enclave. Now that enclave is gone, he reached out for them to donate that, and they have agreed to donate that. So instead of the Resource Center being on the EOC two acres and two acres of the City of Fellsmere, they are now going toj puti the center ont that five acres anditisnow al bigger lot. He thinks it's better location, because 101sti ist ther northern bypass, sot they will have a direct connection along 101st. They willl be ablet to come right off 101st and CR512, sO it makes it easier for people coming and going toi the center who might not be cityr residents to be able to access it without having to drive in town up Willow. And on top of that, they have agreed not just to give the City the five acres, but also to build a 4000 square foot metal building that they can have vocational education in. The City was reached out by Youth Guidance, who wants to bring vocational training out here. That is a long track record as well, andtheyr neededaspace. Andh he was ablei tos squeezel Fellsmerel Farms for bothi thes site and the space. He got verbal commitments, and! hei is seeking al letter ofr memorandum understanding, just tol have itin writing. Hei thinks things are going well, they are getting more energy into it, he thinks iti is goingt tol be a resounding success but again they willl bet taking af few months off to reorganize, hit the ground running  comes out ofi it he willl let Council know.  winter still with the hopes of being under construction in late: 25.  come late summer, and see what we can do over the winter.  9    Just a reminder of upcoming meetings and due dates: July 11-7p City Council Meeting and 6p Budget Workshop Form 6-0 due 7.1.24- time is getting near please see Maria if your need help. Hep provided a copy of the updated Capital projects list.  10. MAYOR'S MATTERS:  Mayor Tyson was asked to mention that they are getting a lot of questions about the butterflies along CR512. Erie and Jan Wilson, the have been here 12 years, are part of the community. They actually have been doing the Beaufification: Committee, one of herr neighbors and af friend of hers, They've been running thel Beautification: Committee for thel last couple of years. They live ini the county, there isr nobody in the city who wants to do Beautification Committee anymore. They are not going to doi it anymore; theys saidt the Memorial Day service was their last event. They willl ber resigning formally. But! Ernie and. Jan already hads some plywoodi left over, and he cuti those butterflies out. And! he: said, you start hanging those things around the City, somebody is going to complain about it. Sot far, nobody has, all he has is compliments. He thinks they are really great and to the point where Nick over at the Ditch 13, next tol Marsh Landing iss selling themr now, but thati is whoi is doing them. Ernie and would appreciate Manager Mathes stated that they have done their part, and the butterflies look great. He asked allt to now that they know that they willl be resigning tol help the City find some replacements. Mayor Tyson attended the Council ofl Local Governments in Fort Pierce. That committee is made up of members from the school board, the County Commission, and the municipalities for the four counties. He also attends thel League of Cities, which is made up just the mayors and city council people from the four counties, Indian River, St Lucie, Martin, and Okeechobee. Andi they are great networking venues. He has always enjoyed it and he has been part ofi it ever: since they were formed, and they get really interesting speakers in there with people that the stuff that they work with all the time, and iti is a good wayt to pickupi information. They! had as speaker that ist the Communications Director for St. Lucie County, and she gave some good points on how to deal with the media. He added that those meetings are interesting, and they do al lot of advocating. There's a whole group that goes to Tallahassee, when they have the legislative days up there, where you can actually go in and talk to your Senator or Representative. He will miss it when he is not there anymore, ore even on the Council. So, whoever takes  acomment.  this place, he would certainly recommend that they continue going down there.  11. COUNCIL MEMBER'S MAITERS:  Council Member Herrera- He stated he had no matters. Council Member Salgado- She stated he had no matters. Council Member Hernandez - She stated he had no matters.  12. CITY ATTORNEY'S MATTERS: Attorney Dill stated that he had one items buti that Attorney Rhodeback will Attorney Rhodeback: stated that a couple of meetings ago they had a conversation about' Vertical Bridge, the cemetery cell tower and he was asked to investigate what the state archeologist or district medical examiner would look for when conducting excavation or exploratory digging, when it is believed there might bes some sensitive artifacts or human remains below the surface. He contacted both and he also did some of his own research. He did narrow it downi to a couple of points for Council's consideration. First and foremost, thet first line of defense was done, the ground penetrating radar is the least invasive of the options, and that was performed here. Now if Council wants to continue exploring subsurface, some of the soil beneath they have at few options available. The first one is the most invasive, but not as invasive as just taking abulldozer andl lifting everything up. That would! be what they refer to as echo trenching, which is almost exactly like it sounds. You have set spacing for intervals in which you dig a trench, examine the material that has been dug up ands see if there is any evidence of artifacts or human remains. Buti in order to do sO, they are going to be utilizing heavy equipment to have that done but they will not be doing a  be presenting it to Council.  large area. They willl be digging lines and set intervals.  10    Another option is less invasive thant the backhoe, but iti involves the same process. It willj just take longer to do and requires more manpower, which is hand trenching, similar backhoe trenching set intervals of spacing, but people are doing it withi thes shovel. Soi that way, ifi they contact human remains, they have to Thel last optioni isi instead of thet trenches, it would be what they callt test units or excavationt units, whichfrom the pictures that hel has seen or how it was described to him, instead of al lineal trench, it would almost be in ai triangular, rectangle or square like shape at various points throughout the exploratory area, there is Alli three of those, however deep as yous go, will be subject to OSHA regulations, which he believes are six to three feet depending oni the structure of thev walls that are trenches that way, nobody gets in there, and then all of a sudden, thet trench falls down or collapses upon them. Those were thet three options that were discussed, that ify you are not going fulll blown, amj just going tos start digging upt the area, and they wanti to continue more exploration, whichi ist the way they would doi it. He had asked me to investigate, he tried to interpret the! best way he possibly can, in the most simplistic terms, and where they goi fromhere, as always, Manager Mathes asked him to summarize where they left the conversation with the tower company, and Attorney Rhodeback stated that they are going to want an update. The tower company has waited patiently to their credit. They negotiated pretty much every term of the lease that they were concerned with until thel last timei this was discussed in which Council member Renick brought up that before they start digging upt they whole foundation fort the celli tower tot find outf fromi the archeologist to see what they would like, ift they thoughthumant remains were downi there, what they would do to try to explore that before using Manager Mathes stated that he believes their next step is to tell them whether or not the City is willing to enter the contract as is, or whether they want one more adjustment to provide direction on! how they need to proceed on any additional prei investigation, which would bet the trenching or the spot poles, whether it ishand or machine. Do they want toi force them to doi that before they start major construction andi ifi they do, the City attomey needs to reviset the lease and get it backi into them sot they can: see what we're asking. Attorney Rhodeback added that he wanted to be clear that if human remains are found, jurisdiction for the City, jurisdiction for thet tenant isl lost, they must be contacted. The point remains is that they couldr not ignore the human remains without committing an egregious crime. It is a crime under Florida law if they Manager Mathes recommended that they do include a clause in the contract to require a ground disturbing investigation and recommended the trench method. And he does not think they need to doit it over the entire compound, they just need to do it wherever they are going to have a structure. So that would be their shed for their equipment, and it would be their foundations for the tower, whatever those are. He recommended to be more than one space, no more than three feet apart. Andi they have to do that report oni the results before the City offers a notice to proceed with construction. Council Agreed. Manager Mathes asked that the City Attorney's office draft that edit and he is comfortable if Council is if they could sharet that directly with the tenant, he does not think itr needs to come back to Council beforei it iss shared with tenants, buti it would come back to Council forf final approval. Council Agreed.  worry abouti the point ofi the shovel, noti the two-time machine thati is on the surface.  hand digging to examine the material underneath the surface.  isaCouncil decision.  does the City owe thems something.  the mosti invasive option.  continue to excavate int thet face of human remains.  13. NEWI BUSINESS:  (a) USDA LOAN RESOLUTION/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FELLSMERE AUTHOURIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTNESS FOR THE PURPOSE OF PROVIDING Al PORTION OF THE COST OF ACQUIRING, CONSTRUCTIONG, ENLARGING, IMPROVING,  11    AND/ORI EXTENDING ITS 2023 ILF APLHA ES SIDE BOOMI MOWER ANDI EQUIPMENT FACILITY TO: SERVICE Mayor Tysoni introduced thel Resolution and. Attorney Perez read Resolution No 2024-53, by title only. Grant Administrator Laura Hammer reminded Council that they approved the grants department andi the City to submit an application for an ILF. Alphal brush cutter fori the Public Works Department. When they originally puti ini the application, thel USDA's, portion oft the entire purchase price oft thel ILF Alpha mower, was $165,900 which is 55% and the City's portion is 45%, after the application was submitted, the price of the brush cutter went up. The grants department petitioned the USDA to provide more money and give the City $176,135 which is 55% of the increased price. For quite a while, everything wasi moving along, ands she wasg getting messages saying thatt the documents' were being processed andi that the City would hear something soon. And she recently got a message from the grant administrator at the USDA stating that her boss told her that they needed a copy of the original loan resolution. And Laura told her that they are not requesting the $165,900 anymore ands she said she understood that, and that the USDAH have al lot of paperwork and they apparently will not continue to process our application for the $176,135 until the City provides them with the resolution. For Andy to get his mower, Councilneeds' to approve this outdatedi resolution soi thel USDA  AN AREA LAWFULLY' WITHIN ITS. JURISDICTION TO: SERVE.  cank have a copy ofit.  Manager Mathes statedi that he thinks they are treating this as an amendment. Being no further discussion Mayor Tyson entertained a motion.  MOTION by Council Member Renick SECONDED by Council Member Hernandez to approve the (b) Approval of Boromei Contractors Change Order #1 for HLMP Public Works Building hardening Grant Administrator Laural Hammer stated that this project is underway. She has heard that Boromei iso doing a good job. She reminded Council that on March 7h they approved the contract between the City of Fellsmere and Boromei. They are asking for approval of change order number one to provide for an additional $7,554.82 for additional cost because of louver measurement changes, the measurement on the original plan did not reflect the field measurements' that Boromei made. When they sent ther newr measurements to the louver supplier, they were issued al higher cost for thel larger louvers. This amount of these funds is available in the granti itself, so1 the additional $7,554.82 can be paid out of grant fundsi ity willr not come out of city funds. Fort thatr reason, she feels thats she would ask Council to please approve this so that Boromei my may continue the hardening that they are doing  USDAI Loan Resolution. ALL AYES project.  MOTION CARRIED 4-0  at the Public Works building.  Being no further discussion Mayor Tyson entertained ar motion.  MOTION by Council Member Hernandez SECONDED by Council Member Salgado to approve Boromei Contractors Change Order #1 for HLMP Public Works Building hardening project.  ALLAYES  MOTION CARRIED 4-0  (c) Approval of MBV Engineering, Inc. Work Authorization #1 for professional engineering services for Grant Administrator Laura Hammer stated that they have aready been providing survey services, environmental studies, design and permitting in regard to the existing wet retention pond that will allow for additional stormwater storage. The state 404 program, which covers wetland permit was removed from thej jurisdiction of the Floridal Department of Environmental Protection Agency, which  the State Street Stormwater Reservoir Expansion.  12    ithad! been in, which we'd been operating under at this point for any project that requires wetland permits, agencies and cities are havingt to got to the USA Army Corps of Engineersi to get ap permit since the Federal Department of Environmental Protection, 404 permits are on hold right now, and the ruling that came down putting al hold on the 404 was not anticipated ori included in MBV's original scope of work. Iti is going to require additional work and services on their part, and therefore more fees. Because of this, they have issued work order number one requesting an additional $4,300, this isr not something that the project can move forward without, because the City has noi idea when or ifti that 404, hold oni the Federal Department of Environmental Protection will bel lifted. Mayor Tyson askedi ift this additional money requested covered ini the grant. Grant Administrator Hammer responded that this was never coming out of grant funds. Manager Mathes addedi that for 90% of the grants, the City does thel local design and permitting as their share andi the City also usually pays for the CEL. Some grants are designed with CEI included, but others are not. This particular program does not include design, sO any increase in design costs  isont the City.  Being noi further discussion Mayor Tyson entertained a motion.  MOTION by Council Member Salgado SECONDED by Council Member Herrera to approve MBV Engineering, Inc. Work Authorization #1 for professional engineering services for the State Street  Stormwater Reservoir Expansion.  ALL AYES  MOTION CARRIED 4-0  (d) Approval of Request for Proposals for Trimming and Removal Services.  Public Works director stated that thisi is a request fort tree trimming and removal services for trimming trees throughout the city, parks, everything, all city owned property, to get some prices on it, get a bid opening on it, and see who they can get in herei to start trimming some trees. Manager Mathes shared the selection criteria that the City will be using. The City is giving most of their points to the cost effectiveness and value of the services offered, some money for veteran approach to dealing with this, references, qualitications of thei firm. Basically, Andy will get a couple people together, they will review what comes in, like sub)eclve/oblective, back to Council, then Mayor Tyson askedi ift thisi isj just ar request for proposal. Manager Mathes confirmed.  with those rankings and ask permission to go from there.  Manager Mathes added that thisi is probably one of many that they willl be doing over the next year ort two, as wei tryt to formalizei informal vendors that come and goi to amoret formal continuing: service type contracts for vendors sO that Andy has like a one to three year seti thing, they do not have to worry aboutit. It reduces the paperwork instead of doing for every) job ore every year whateveri it, just  geti it done and move forward.  Being noi further discussion Mayor Tyson entertained a motion. Request for Proposals for Trimming and Removal Services.  MOTION by Council Member Herrera SECONDED by Council Member Hernandez to approve the  ALL. AYES  MOTION CARRIED 4-0  13    (e) Discussion and direct course of actioni for Solid' Waste Services.  Manager Mathes stated that he brought this back many months ago and talked about how the counties is expiring and they're going out on their own, and that the City really had to wait to find out if they went universal or state subscription they did go universal, sO the City can no longer piggyback directly on their contract and use their rates directly, but they did allow the City through their contract tor negotiate. The question then becomes, is our negotiation: still close enoughi to their RFP to let it count for the competition. That is the whole purpose of having RFPS and bids. Attorey Dill has opined that he really cannot make that decision until he knows specifically what the City would be proposing to adopt. The farther away the City gets from the rates that are in the RFP that was ultimately selected, the more likelyi iti is not going to allow the City to negotiate directly, andi the City should have to go out to their own bid. He would like the City to at least try first to see if Waste Management would give the the exact same rates for not universal, but for subscription service or universal, in his opinion, which is in the RFP. And then hopefully the city attorney's office could say that is close enough andi the City does not need to go out for any more competition and thent the City couldj just execute a contract with Wastel Management directly. Ift thep prices willr not come back because we do not have enough subscriptions, because all the City! hasi isj just ahandful at thisp point intime, they! have about 50, whichi is not al lot. He ist talking about residential, when he: says 50, alli the commercial has tol bet the residential is by choice.. Andi ift the City gets the same prices, thati is where he would go. If not, then he would say they have to go out for RFP at that point otherwise the City This does not deal with recycling. It only deals with solid waste pickup. The City's current agreement iss subscription for residential and universal for non-residential., And Council's direction was to keep it that way andk because oft the counywontingunwera. lfthe County stayed subscription, they could just piggyback and! be done withi it. But because oft that change, Council hast two decisionsi to make, do they want to stay with stay with subscription and If that answer is yes, then they can try to negotiate to get the same prices. If1 the answer is, let us go to Universal, let us just gor piggyback. He did add that for new subdivisions, the city's current draft that Council all could change if they After discussion Council decided to stay subscription and authorize City Manager Mathes to negotiate. Manager Mathes will update Council oncel he talks to' Waste Management.  willl have noi trashs service in town.  choose, Marian Estates residents would have tol have pickup.  (f) Discussion on City Clerk yearly review.  Manager Mathes stated that iti is Maria's turni for her yearly review. His hope ist that they can! have a successful review. At this point they have given hers some great adjustments int the past tol bring her in line with her qualifications that she recently received. He suggested treating her like other staff, but that is Council's choice. Beyond that he thinks everybody believes she is doing an absolutely wonderful, job. Council can talk about her performance and direct her increase if chosen. Mayor Tyson stated that he cannot say enough good things about Maria. She what she has done with that office up there, and what shei inherited, dor not know how she got it done, really. Ands she hast taken all of her training. Ands she is now going for her Master's! Municipal Certification. Manager Mathes statedi that hes supports al higher than staff bump when: she crosses that threshold. Mayor Tyson stated that he does not know what they would do without her. She's been training Miriam up there tol kind of filli int for butj just like with this Form six, don't know howi int the world any of us would have gone through that, that that thing isj just absolutely ridiculous, because the research that you have to do and Maria just gets up there and clicks along on that computer and fillsi it.itis just almost everyday stuff. The one thing that Ive done with Maria and she was she agreed to it, is bringing her along to some of those committee meetings he attends, and she's learned a lot. She  She is highly liked by all ande everybody that she meets too.  14    has gotten a lot out of now, when she wants to know something from somebody that has been a clerk longer than her, shel knows who to call. Shei is worth everything that the City can affordi tos give Manager Mathes stated that normally staffi is 3%, but shei is a Charter Officer, and her raise isp purely up to Council, but he asked ifs shei is given a raise ifit could start on October Ist, Council Agreed. Manager Mathes statedi thatr not technically, but she would love to see the forms. Vice Mayor Herrera and Council Member Hernandez stated that they have submitted their forms.  her.  Vice Mayor Herrera asked what ist the staff percentage. Mayor Tyson asked if theys stillr need to do an evaluation.  Vice Mayor suggested 7%.  Being noi further discussion Mayor Tyson entertained ar motion. salary raise to City Clerk Maria Suarez-Sanchez.  MOTION by Council Member Herrera SECONDED by Council Member Hernandez to approve a 7% (g) RESOLUTION No 2024-63/A RESOLUTION OF1 THE CITY OF FELLSMERE, INDIAN RIVER COUNTY, FLORIDA CALLING FOR AS SPECIAL ELECTION IN THE CITY OF FELLSMERE FOR AUGUST 20,2024; STATING WHERE THE ELECTION: SHALL BE HELD, NAMING THE OFFICE TO BE FILLED; CAUSING THE NOTICE OF SPECIAL ELECTION TO BE PUBLISHEDI IN ACCORDANCE' WITHF FLORIDA LAW; ESTABLISHMENT OF A QUALIFYING PERIOD; DELEGATING ADMINISTRATION OF THE SPECIAL ELECTION INI MATTERS RELATING TO VOTERS, VOTING METHODS, PROCEDURES AND CANVASSING TO THE SUPERVISOR OF ELECTIONS FOR INDIAN RIVER COUNTY; PROVIDING FOR CONFLICTS; ANDI PROVIDING FOR AN EFFECTIVE DATE. Mayor Tyson introduced the Resolution and Attorney Dill read Resolution No 2024-63, byi title only. Mayor Tyson stated that iti ist his understanding that the Cityi is piggybacking oni the primary election. This is very unusual, butitis al learning process for all. The qualifying periodi is only one week.  ALL AYES  MOTION CARRIED 4-0  Being noi further discussion Mayor Tyson entertained ar motion.  MOTION by Councill Member HemerasECONDEDby Councill Member Salgado to approve Resolution  No. 2024-63. ALL AYES  MOTION CARRIED 5-0  14. ADJOURNMENT: There being no further business Mayor Tyson adjourned the meeting at 8:52p.m.  These minutes were approved by the City Council oft the City ofF Fellsmere this 20dayof June2024  davilugabul MariaF.S Suarez-Sanchez, CMC, City'Clerk  COXT2ARAOCMNUTESDOC  15