EXCUSING COUNCIL MEMBER DEMOTT

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1 TOWN OF GRANT-VALKARIA, FLORIDA ZONING BOARD OF APPEALS AND TOWN COUNCIL REGULAR MEETING MINUTES WEDNESDAY, APRIL 11, 2018 COUNCIL CHAMBER, 1449 VALKARIA ROAD, GRANT VALKARIA, FL The Zoning Board of Appeals meeting of was called to order at 7:00 p.m. by Mayor Yonts, followed by the Pledge of Allegiance and roll call with the following present: Mayor - Del Yonts Seat No. 1 Tom Sammon Seat No. 2 Lisette Kolar Seat No. 3 Dan Faden Seat No. 5 Pat Bryan Seat No. 6 Dan Robino Town Administrator Richard Hood Town Clerk Rebekah Raddon Assistant to Town Admin. Jason Mahaney EXCUSING COUNCIL MEMBER DEMOTT Motions by Council Member Robino, second by Council Member Kolar, and vote unanimous to excuse Council Member DeMott who was unable to attend due to a work commitment. Motion passed 6-0. Mayor Yonts announced the upcoming Grant-Valkaria Day Celebration which will be held on Saturday, April 14, from 10am-3pm here in the park. Free BBQ will be provided by Waste Pro, and there will be a free kids fishing derby at Treasure Coast Marina at 8am. REQUEST TO APPEAL ADMINISTRATIVE DECISION RE: STORAGE OF SHIPPING CONTAINER ON VACANT PARCEL Mayor Yonts said this is the only item for the Zoning Board of Appeals and the applicant is not present. Town Administrator Hood asked to reschedule this item to next month s meeting as the applicant may not have been aware of the meeting date. Mayor Yonts said if the applicant shows up during the audit, we will resume this item, otherwise it will be rescheduled for May 9 th. With the Council s consent, Mayor Yonts adjourned the Zoning Board of Appeals and called to order the regular Town Council meeting. CHANGES TO AGENDA None. Town Clerk Raddon noted that Resolution was updated to add an additional member to the Trails and Greenways Committee; copies are on the dais. ACCEPTANCE OF FISCAL YEAR 2016/2017 AUDIT BY BERMAN, HOPKINS, WRIGHT AND LAHAMM CPAS AND ASSOCIATES, LLP Mr. Hood said that per the Town Charter we are required to have an annual audit; this year we utilized a CPA to assist with our audit preparation. Travis Harmon of Berman, Hopkins, Wright and LaHamm CPAs and Associates, LLP, introduced himself and gave a brief summary of the audit. He stated that he has a clean, unmodified opinion on the Town s financial statements. There were no findings and no disagreements with management; staff was easy to work with during the audit process. The only recommendation is to review payroll process; see pg. 36. Mr. Hood said the audit

2 will be posted to the Town website. Motions by Council Member Kolar, second by Council Member Robino, and vote unanimous to accept the audit. Motion passed 6-0. CONTINUED PUBLIC HEARING ORDINANCE NO SECOND/FINAL READING AN ORDINANCE OF THE TOWN OF GRANT-VALKARIA, BREVARD COUNTY, FLORIDA; AMENDING ORDINANCE RELATING TO STOPPING, STANDING OR PARKING ON TOWN RIGHTS OF WAY; PROVIDING FOR ADDITIONAL REGULATIONS CONCERNING THE PLACING OF VEHICLES AND OTHER CONVEYANCES FOR SALE ON RIGHTS OF WAY; PROVIDING FOR PENALTIES AND ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Advertised on April 1, Mayor Yonts read the ordinance title. Motions by Council Member Kolar, second by Council Member Faden, and vote unanimous to remove Ord. No from the table. Motion passed 6-0. Mayor Yonts said the Town Attorney changed some of the language and recommended the Town adopt this ordinance because it goes further than the state statute; Mr. Hood explained that the word conveyances was added which includes all types of vehicles and the street names were removed so it applies to all rights-of-way in Town. Mayor Yonts asked for public comments. Mary Windsor spoke. Sheriff Lt. Gamin stated that placing vehicles for sale in a right-of-way is illegal and he can issue a ticket for violations. If anyone calls the sheriff, they will respond; but a code officer can respond if the Town wants to enforce it that way. He explained that the sheriff can tow a vehicle after placing the red 24-hour warning tag on it. There was further lengthy discussion regarding potential violations. Mr. Hood stated that the sheriff can enforce this much faster than the Town since we have to send letters and have hearings regarding code violations. Motions by Council Member Robino, second by Vice Mayor Sammon, and roll call vote to adopt Ordinance : Robino-yes; Bryan-yes; DeMott-absent; Faden-yes; Kolar-yes; Sammon-yes; Yonts-yes. Motion passed unanimously 6-0. PUBLIC HEARING ORDINANCE NO SECOND/FINAL READING AN ORDINANCE OF THE TOWN OF GRANT-VALKARIA, BREVARD COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER TO EXTEND THE TEMPORARY MORATORIUM ON ISSUANCE OF LOCAL BUSINESS TAX RECEIPTS OR LAND USE PERMITS, DEVELOPMENT ORDERS, MODIFICATIONS OR APPROVALS FOR MARIJUANA DISPENSING ORGANIZATIONS OR MEDICAL MARIJUANA TREATMENT CENTERS; PROVIDING FOR FINDINGS, DURATION OF MORATORIUM, SEVERABILITY AND AN EFFECTIVE DATE. Mayor Yonts read the ordinance title and advertisement date of April 1. He explained this moratorium gives us time to update our ordinance. Currently, our ordinance regarding medical marijuana dispensaries contradicts state law because it limits dispensaries to just industrial zoned areas. The state says they have to be treated like pharmacies which are allowed in our commercial zoning. At the recent workshop, it was Council s consensus to move forward and create an ordinance allowing medical marijuana dispensaries in Town everywhere that pharmacies are currently allowed. Motions by Council Member Robino, second by Council Member Faden, and roll call vote to adopt Ordinance : Robino-yes; Bryan-yes; DeMott-absent; Faden-yes; Kolar-yes; Sammon-yes; Yonts-yes. Motion passed unanimously 6-0. Page 2 of 5

3 CONSENT AGENDA 1) Town Council Regular Meeting Minutes of March 14, 2018 Motions by Vice Mayor Sammon, second by Council Member Robino, and vote unanimous to approve the consent agenda. Motion passed 6-0. PUBLIC COMMENTS (non- agenda items - 5 minute limit) David Henry, resident of Brevard County, spoke. Mr. Henry introduced himself and read his proclamation for Parental Alienation Awareness Month. There was brief discussion; no motions were made. Penny Reynolds, Riverview Terrace Home Owner s Association, spoke. Mrs. Reynolds said she serves as the director, secretary and architectural review committee chairperson for the HOA. She requested the Town add HOA Approval to the building permit checklist. She expressed concern about homes that were started without prior HOA approval and several that cleared land without a Town permit being issued. Council Member Faden would like to have the HOA s notified when someone applies for a permit. Mr. Mahaney said the Town can the HOA s when a permit is picked up. Council Member Kolar suggested that Mrs. Reynolds contact all vacant land owners and let them know that they must get the HOA s approval before starting any clearing or building. NEW BUSINESS 1) Ordinance No First Reading AN ORDINANCE OF THE TOWN OF GRANT-VALKARIA, BREVARD COUNTY, FLORIDA; AMENDING SECTION OF THE CODE OF ORDINANCES OF THE TOWN; PROVIDING FOR DEFINITIONS; PROVIDING FOR THE PARKING, STORAGE OR LOCATION OF CERTAIN VEHICLES, OTHER CONVEYANCES AND EQUIPMENT FOR SALE ON CERTAIN PUBLIC RIGHT OF WAYS LOCATED IN THE TOWN; PROVIDING FOR THE PARKING, STORAGE OR LOCATION OF CERTAIN VEHICLES, OTHER CONVEYANCES AND EQUIPMENT FOR SALE ON PRIVATE PROPERTY ABUTTING CERTAIN RIGHT OF WAYS IN THE LOCATED TOWN; PROVIDING FOR RESTRICTIONS AGAINST THE PARKING, STORAGE OR LOCATION OF VEHICLES, OTHER CONVEYANCES AND EQUIPMENT ON PARCELS OF LAND DIVIDED BY A PUBLIC OR PRIVATE RIGHT-OF-WAY; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Mayor Yonts read the ordinance title. Mr. Hood explained that the Town Attorney prepared this ordinance to address complaints we have received regarding the storage of items, in particular, RV s and trailers located along the riverfront. This ordinance would prohibit the parking and storage of vehicles and equipment on the undeveloped portion of split lot parcels, i.e., parcels that are divided by a right-of-way. Mr. Hood stated that the Local Planning Agency approved the ordinance with changes. The Local Planning Agency would like to have a permit to allow a property owner to have an RV parked on the riverfront for 7 days, up to three times per year. Mayor Yonts asked for public comment. Rodney Fee, US Hwy 1, spoke. There was discussion regarding how to handle items like canoes/kayaks. Mr. Hood said an exemption could be written before the second reading for small items. There was discussion regarding waste and waste disposal. Page 3 of 5

4 It was Council s consensus to not allow temporary parking of RV s via a permit as suggested by the Local Planning Agency. There was discussion regarding boat rental businesses; Mr. Hood will speak with Mr. Bohne regarding businesses. Motions by Council Member Bryan, second by Vice Mayor Sammon, and vote unanimous to approve Ord. No , amended to include an exemption to allow up to two non-motorized boats up to 16 ; sailboats must have sails furled. 2) Resolution No A Resolution Of The Town Of Grant-Valkaria, Brevard County, Florida, Amending Budget Resolution No , Budget Resolution For Fiscal Year, October 1, 2017, Through September 30, 2018 By Changing Certain Amounts Shown As Anticipated Revenues Resulting In An Overall Increase Of $80, And Certain Amounts Shown As Anticipated Expenditures, Resulting In A Like Amount. Mr. Hood explained that the money is needed for drainage repairs; after discussion, motions were made by Council Member Kolar, second by Vice Mayor Sammon, and vote unanimous to adopt Res. No amended to allow an increase of $100,000 total to be used for drainage repairs. $80,000 will come from storm water reserves, $20,000 from regular reserves. Motion passed 6-0. Council Member Faden stated there was a scrivener s error in the total budget amount; Mr. Hood said he would correct the error. 3) Resolution No A Resolution Of The Town Of Grant-Valkaria, Brevard County, Florida; Providing For Council Appointment Of Two New Members To The Trails And Greenways Committee To Replace Vacancies Thereon; Providing An Effective Date. Motions by Council Member Bryan, second by Council Member Faden, and vote unanimous to adopt Res. No appointing Chana Newport and Walter Whybrew to the Trails and Greenways Committee. Motion passed 6-0. REPORTS Town Administrator s Report Staff has made the preparations for Grant-Valkaria Day; it looks like it will be a great day. Mr. Hood spoke with the Chair of the Trails and Greenways Committee regarding installing a culvert pipe in lieu of fencing on the trail since fencing would probably get cut and become a maintenance issue. He will talk to the state regarding moving funds to pay for the pipe. After working with FEMA for many months, we were made aware that Valkaria Road is classified as a rural major collector which FEMA funding doesn t cover. Grant Road is also classified as a rural major collector. The majority of our hurricane damage costs have come from the Valkaria Road washout. The Town will still pursue reimbursement through other means; Mr. Hood will contact the Federal Highway Administration or DOT. We are waiting for our generator permit and have been in contact with the county. Our new position was advertised; we received two applicants, only one of which was qualified. Alex Juan was offered the position and will start April 23. Mr. Juan is an inspector, plans examiner, and has all the necessary certifications. His background is in civil engineering. Page 4 of 5

5 Financial Report Detailed report in package; everything is on target except for drainage. Council Reports and Comments Council Member Kolar mentioned that Laurens Ave needed grading and the cul-de-sac got damaged by the waste hauler or ATV s. Mr. Hood said he had it graded. Mr. Mahaney will look at Ficus in Cypress Creek and repair any road damage. She added that the GVCA is having a best-decorated golf cart competition during Grant-Valkaria Day on April 14. Town Clerk Raddon asked if Council would be in favor of having another group walk to get points for the Mayors Fitness Challenge on Friday evening, April 20 at 6pm. Ms. Raddon suggested a 3.85 mile walk to the Town Connector Trail, with a one mile option on Bird Island Trail for those who don t want to walk as far. She added that we don t have signage in place yet but the trail construction is complete and people have been asking about the trail. The Council consented. Council Member Robino mentioned the Grant BBQ Festival which will be this weekend, Friday, Saturday and Sunday. There will be a car show and the money raised will go to charity. Mayor Yonts said that hospice is looking for volunteers; speak to Ms. Raddon if anyone is interested. Mayor Yonts attended the Salvation Army volunteer appreciation lunch with Jessica Keenan who coordinates the Angel Tree program. A representative pointed out that our staff helped load all the gifts onto the truck, which sets us apart from other cities and towns. Mayor Yonts and Council Member Kolar volunteered for the March for Meals and received letters thanking them for their assistance. Mayor Yonts will be attending the May 10th Mayors Breakfast; he said if anyone has an idea or topic they would like for him to share, please let him know. There was brief discussion regarding the Space Coast League of Cities dinner which included information about the plan to fix the Indian River Lagoon, which will take 20+ years. Mayor Yonts suggested we consider asking Waste Pro to do a BBQ the next time we host the dinner. He stated that residents were concerned about the dredge materials management area and that the Town will have representatives of the project come speak at the next Council meeting on May 9. There was discussion regarding Amendment 1; Mayor Yonts said it will create a $50,000 shortfall in our budget. It may be something the Town should post to the website to inform residents. There was discussion regarding septic tanks; Mayor Yonts would like to look into an ordinance requiring septic tanks that are more environmentally-friendly and do a better job in reducing nutrients. It was Council s consensus to have staff look into creating an ordinance. Motions by Council Member Bryan, second by Council Member Robino, and vote unanimous to adjourn the meeting at 9:58 p.m. Motion passed 6-0. ATTEST: (Signature on file) Del Yonts, Mayor (Signature on file) Rebekah Raddon, Town Clerk Page 5 of 5