TOWN OF GRANT-VALKARIA, FLORIDA TOWN COUNCIL REGULAR MEETING MINUTES WEDNESDAY, OCTOBER 11, 2017 COUNCIL CHAMBER, 1449 VALKARIA ROAD, GRANT VALKARIA, FL 32950 The town council meeting of was called to order at 7:01 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. 4 Cathy DeMott, Vice Mayor Seat No. 5 Pat Bryan Seat No. 6 Dan Robino Town Administrator Richard Hood Town Clerk Rebekah Raddon Assistant to Town Admin. Jason Mahaney Changes To Agenda None. Presentations Dominick Montanaro, president-elect of the Space Coast League of Cities, spoke regarding the upcoming legislative session. He said the one-size-fits-all approach of the Florida legislature does not work for municipalities. He urged residents to contact their representatives and advocate for maintaining home rule authority, which gives cities and towns the ability to handle issues at the local level. Lieutenant Bert Gamin gave his monthly sheriff s report. There was discussion regarding the Valkaria Road washout; Lt. Gamin stated that this is why he advises residents to avoid traveling during severe weather. Unseen hazards like flash floods, downed power lines, and severe road damage can occur quickly. Mayor Yonts thanked the sheriff s office for their quick response to the Valkaria Road washout. Several residents spoke about the following: speeding on Weber Rd, people camping on Ponderosa, and graffiti. Mayor Yonts said the next four agenda items were suspended at the Sept. 13 council meeting and moved to tonight s meeting due to the flooding and power outage caused by Hurricane Irma. PUBLIC HEARING ORDINANCE NO. 2017-06 FOR REZONING Z-2017-02 SECOND/FINAL READING Advertised in Florida Today on July 6, 2017, and individual notices to affected residents mailed on July 6, 2017. Approved by Planning and Zoning Board on July 24, 2017. AN ORDINANCE OF THE TOWN OF GRANT-VALKARIA, BREVARD COUNTY, FLORIDA; REZONING PROPERTY AS FOLLOWS: PARCEL ID 29-38-28-25-X-9.01, AND MORE PARTICULARLY DESCRIBED IN THIS ORDINANCE; FROM BREVARD COUNTY SEU (SUBURBAN ESTATE RESIDENTIAL) TO BREVARD COUNTY AU (AGRICULTURAL RESIDENTIAL); PROVIDING FOR AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING AN EFFECTIVE DATE. (REZONING NO. Z- 2017-02). Mayor Yonts read the Ordinance title and said that this was approved unanimously by the planning and zoning board. Town Clerk Raddon read the advertisement dates. Mr. Hood briefly explained the
rezoning and asked for authorization to execute a rescission agreement that rescinds the binding development plan dated May 9, 2006. Mayor Yonts asked if the public wanted to comment. There were none. Motions by Council Member Kolar, second by Council Member Robino to adopt Ordinance No. 2017-06. Roll call vote: Robino-yes; Bryan-yes; DeMott-yes; Faden-yes; Kolar-yes; Sammon-yes; Yonts-yes. Motion passed unanimously, 7-0. Motions by Council Member Kolar, second by Council Member Robino, and vote unanimous to authorize Mr. Hood to sign and execute the rescission agreement. Motion passed 7-0. PUBLIC HEARING ORDINANCE NO. 2017-07 FOR REZONING Z-2017-03 SECOND/FINAL READING Advertised in Florida Today on July 8, 2017, and individual notices to affected residents mailed on July 5, 2017. Approved by Planning and Zoning Board on July 24, 2017. AN ORDINANCE OF THE TOWN OF GRANT-VALKARIA, BREVARD COUNTY, FLORIDA; REZONING PROPERTY AS FOLLOWS: PARCEL ID 29-38-34-00-546, 29-38-34-00-523.1, AND MORE PARTICULARLY DESCRIBED IN THIS ORDINANCE; FROM BREVARD COUNTY GU (GENERAL USE) TO BREVARD COUNTY RR-1 (RURAL RESIDENTIAL); PROVIDING FOR AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING AN EFFECTIVE DATE. (REZONING NO. Z-2017-03). Mayor Yonts read the Ordinance title. Mr. Hood explained that the rezoning, as well as the altering of the parcels, complies with the comprehensive plan. Mayor Yonts asked if anyone wanted to comment; there were none. Motions by Council Member Robino, second by Council Member Sammon, and vote unanimous to adopt Ordinance No. 2017-07. Roll call vote: Robino-yes; Bryanyes; DeMott-yes; Faden-yes; Kolar-yes; Sammon-yes; Yonts-yes. Motion passed 7-0. PUBLIC HEARING ORDINANCE NO. 2017-09 SECOND/FINAL READING. Advertised in Florida Today on Aug. 31, 2017 and approved by the Local Planning Agency on July 24, 2017. AN ORDINANCE OF THE TOWN OF GRANT-VALKARIA, BREVARD COUNTY, FLORIDA, AMENDING THE CURRENT LAND DEVELOPMENT CODE OF THE TOWN; REPEALING ARTICLE IX, SECTIONS 62-3301 THROUGH 62-3319 OF THE LAND DEVELOPMENT CODE AS ADOPTED BY THE TOWN; ADOPTING A NEW ARTICLE IX, SIGNS, SECTIONS 62-3301 THROUGH 62-3322; ESTABLISHING A SIGN CODE; PROVIDING FOR DEFINITIONS, ENFORCEMENT, PURPOSE AND APPLICABILITY; PROVIDING FOR NONCONFORMING SIGNS; PROVIDING FOR THE REMOVAL OF ILLEGAL OR ABANDONED SIGNS; PROVIDING FOR VARIANCES, PERMITS AND AUTHORIZED SIGNS; PROVIDING FOR TEMPORARY SIGN REGULATIONS; PROVIDING FOR EXEMPTIONS FROM PERMITS; PROVIDING FOR MAINTENANCE OF SIGNS; PROVIDING FOR PROHIBITED SIGNS AND CONSTRUCTION STANDARDS; RESTRICTING THE PLACEMENT OF SIGNS IN CERTAIN AREAS AND ILLUMINATION; PROVIDING FOR REGULATIONS RELATING TO ON-PREMISES SIGNS; PROVIDING FOR OFF-PREMISES SIGN REGULATIONS; PROVIDING FOR WAIVERS AND APPEALS AND THE SUBSTITUTION OF NON-COMMERCIAL SPEECH FOR COMMERCIAL SPEECH; PROVIDING FOR A SEVERABILITY CLAUSE WITHIN THE SIGN CODE; CREATING Page 2 of 6
A TABLE 1 PERMITTED SIGNS BY TYPE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICTS AND AN EFFECTIVE DATE. Mayor Yonts read the title of the Ordinance. Mr. Mahaney said this is the sign code that the Town has been working on. The only change since first reading is the language added on page 6 regarding measuring the brightness level of spectacular or animated and intensely lighted signs using a nit meter. Mr. Mahaney said Cape Canaveral uses one; Mr. Hood said they are not expensive. There were no comments from the public. Council Member Kolar asked about a deadline to comply with the new code. Town Clerk Raddon recalled Council reaching consensus to allow a deadline of 6 months from the original date of its anticipated adoption [March 13, 2018]. She will check the August minutes to confirm. Note: March 13, 2018 is the deadline for sign code compliance, per council s decision at the August 9, 2017 Town Council meeting. Motions by Council Member Kolar, second by Council Member Bryan, and vote unanimous to adopt Ordinance No. 2017-09. Roll call vote: Robino-yes; Bryan-yes; DeMott-yes; Faden-yes; Kolar-yes; Sammon-yes; Yonts-yes. Motion passed 7-0. PUBLIC HEARING ORDINANCE NO. 2017-10 SECOND/FINAL READING. Advertised in Florida Today on Aug. 31, 2017. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF GRANT-VALKARIA, FLORIDA, AMENDING ORDINANCE 2017-01 WHICH ESTABLISHED A TEMPORARY MORATORIUM ON THE SUBMITTAL, PROCESSING, AND ISSUANCE OF LOCAL BUSINESS TAX RECEIPTS OR LAND USE PERMITS, DEVELOPMENT ORDERS, MODIFICATIONS OR APPROVALS FOR MARIJUANA DISPENSING ORGANIZATIONS OR MEDICAL MARIJUANA TREATMENT CENTERS FOR A PERIOD SPECIFIED; PROVIDING FOR THE CHANGE OF TERMS IN THE MORATORIUM ORDINANCE TO BE CONSISENT WITH SB 8A; PROVIDING REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY AND AN EFFECTIVE DATE. Mayor Yonts read the title of the Ordinance. Mr. Hood said Town Attorney Bohne prepared this Ordinance because our current Ordinance is in conflict with the new state law regarding medical marijuana. The Town can opt out and not allow medical marijuana dispensaries whatsoever, or we can allow them and treat them like pharmacies. This Ordinance allows us time to do research and find out what other municipalities are doing. There was discussion regarding which cities were banning it altogether and which cities were allowing it. Motions by Council Member Robino, second by Council Member Sammon, and vote unanimous to adopt Ordinance No. 2017-10. Roll call vote: Robino-yes; Bryan-yes; DeMott-yes; Faden-yes; Kolar-yes; Sammon-yes; Yonts-yes. Motion passed 7-0. TRAILS AND GREENWAYS COMMITTEE REPORT Trails and Greenways Committee Member Janet Metz spoke. She recommended the Town appoint someone to represent Grant-Valkaria at the BPTAC meetings. She could do it as a citizen-at-large, but she feels it would be better to have an employee or council member represent the Town. She will have more information on it in November. Committee Member Metz said the Committee would like to create a one-mile marked walking path in the park. She asked if the committee needs to get authorization from council to do this; it would cost no more than $300 for posts and a sign. Mr. Hood said there is $3,000 available from the Page 3 of 6
GVCA for trails, and there is also money available under park improvements. It was Council s consensus to approve the project and utilize park improvement funds to pay for it. Ms. Metz complimented the Town for the quick repair of Valkaria Road after it got washed out. CONSENT AGENDA 1) Town Council Budget Workshop Meeting Minutes of September 20, 2017 Motions by Council Member Bryan, second by Council Member Faden, and vote unanimous to approve the consent agenda. PUBLIC COMMENTS (non- agenda items - 5 minute limit) The following people spoke: Jo Faden, Ponderosa Rd Michael Bonaiuto, Ponderosa Rd Dawn Elkhazen, US Hwy 1 David Mace, Hideaway Ln Lisa Milam, Laurens Ave Robert Levesque, Weber Rd There was discussion regarding: graffiti, paving Ponderosa Rd, the Town website and a request for legislative alerts, drainage issues on Weber Rd, flooding on Hideaway preventing the sheriff and fire department from accessing the properties, a request to raise taxes to pay for better services that help with roads and flooding issues, flooding on Laurens Ave, and questions on how often ditches are cleaned. Mayor Yonts said that this past September was the wettest September ever recorded. Mr. Hood and Mr. Mahaney have been out every day pulling debris out of culvert pipes. NEW BUSINESS 1) Valkaria Road Culvert Pipe Replacement Mr. Hood thanked Daryl Williams of CDM Trucking for arriving within minutes of his call and working through the night until 4am only to return at 7am to help begin culvert and road repairs on Valkaria Road after it washed out. Several Council Members commented on the amount of rain they received on Oct. 1; Council Member Bryan s rain gauge measured 15 inches. Mr. Williams got the last two culvert pipes from Orlando and got road detour signs from Tallahassee as none were available locally. Mr. Hood said the cost of the emergency road and culvert repairs were not budgeted so there will be a budget amendment at next month s meeting. Motions by Council Member Bryan, second by Council Member Kolar, and vote unanimous to approved up to $100,000 to cover the Valkaria Road and culvert pipe repairs. Motion passed 7-0. Mayor Yonts suggest we get a plaque for Mr. Williams to thank him for his work. There was further lengthy discussion regarding the Town s drainage and areas of concern. Mayor Yonts said we may need another pipe under Weber Rd. Mr. Hood felt that in the recent extreme rain Page 4 of 6
event, even that would not have helped. Mayor Yonts suggested the Town have a drainage workshop in December where residents can provide input and observations. Mr. Hood pointed out that Grant-Valkaria is not the only place struggling with drainage concerns, everyone in Brevard County was impacted by the recent storms and flooding was widespread. Drainage is our top issue currently and we will do the most impactful things first. Mr. Hood added that some residents are not repairing their driveway (culvert) pipes and the Town will start sending letters letting people know that they are required to repair their pipes and they should not just cover it with dirt. Mr. Hood asked for authorization to speak on behalf of the Town with the owners of the parcels between Cypress Creek and Brabrook regarding moving a ditch. It was the Council s consensus to allow this. REPORTS 1) Town Administrator s Report Mr. Hood said that he received new drawings from Mr. Bolton for the Town Connector Trail and it will be put out to bid soon. Grant Road sidewalk is nearly finished, it will be graded and have sod put down after the water recedes. The Valkaria Rd sidewalk will require a change order for additional money. A change on the drawing resulted in higher costs. This is the downside to FDOT LAP projects and why we try to avoid them. Mr. Hood mentioned that Treasure Coast asked for a letter of encouragement for Marathon Key; it was Council s consensus to not write a letter since the fundraiser was not a Town-sponsored event. 2) Financial Report Detailed report in agenda package. 3) Council Reports and Comments Council Member Kolar said the golf tournament was postponed because the golf course was in bad shape due to the storms. Council Member Faden mentioned debris pick up and flooding. Council Member Bryan said he would like to write an article on House Bill-17; Mayor Yonts said we should check with the Town Attorney to see if Council Member Bryan could write an article for the Town website. There was further discussion regarding the effect such a bill would have on Florida cities and towns if it were to pass. It was Council s consensus to approve a fountain in the pond at Town Hall to help oxygenate the water, per resident request. Mr. Hood said park improvement money could be used. Mr. Hood thanked Lisette and Ray Kolar for all their help with the old website which they managed for 10 years. Mayor Yonts said he had lunch with Representative Randy Fine and they discussed legislative priorities. Mayor Yonts reminded Council that the annual ethics training was on Saturday, Oct. 28 at 9am at Town Hall. There was further discussion regarding hurricane debris pick up, which was halted due to flooding at the airport which was the debris staging area. He added that the Town may want to discuss with Waste Pro an agreement for hurricane debris pick up that way we have more options in the future. The county is having difficulties with contractors they hired that walked off the job because they got offered more money elsewhere. There was further lengthy discussion regarding hurricane debris. Page 5 of 6
Motions by Council Member Bryan, second by Council Member Robino, and vote unanimous to adjourn the meeting at 10:43 p.m. Motion passed 7-0. ATTEST: (Signature on file) Del Yonts, Mayor (Signature on file) Rebekah Raddon, Town Clerk Page 6 of 6