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Board of County Commissioners Meeting Minutes - Final June 20, 2017 Community Development Director Stan Boling provided a PowerPoint Presentation to describe the location of the proposed 12th Avenue SW ("paper street") right-of-way abandonment area. He explained that the right-of-way abandonment was a 1911 Plat of Reclamation, and that the Indian River Farms Water Control District (IRFWCD) had already released and quit -claim deeded the entire 60 foot area. He noted that the right-of-way had never been formally improved, was not part of the major roadway system; and therefore was not needed for the thoroughfare system. The Project would ensure that the Osprey Acres site would remain as a permanent open space, and would eliminate the need for a 12th Avenue SW connection between 5th Street SW and Oslo Road. The Chairman opened the Public Hearing. There being no speakers, the Chairman closed the Public Hearing. A motion was made by Commissioner Solari, seconded by Vice Chairman O'Bryan, to approve and authorize the Chairman to execute Resolution 2017-061, providing for the closing, abandonment, vacation and discontinuance of a portion of 12th Avenue SW from 5th Street SW to a point 165 feet north of 7th Street SW as shown on the last general plat of the Indian River Farms Company Subdivision. The motion carried by the following vote: Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc 10.A.3. 17-0648 Right -Of -Way Ordinance and Rate Resolution (Legislative) Recommended Action: The County Attorney's Office recommends that the Chair open the public hearing and take public comment and then have the Board vote to approve the proposed right-of-way ordinance and rate resolution. Attachments: Staff Report Proposed Right -Of -Way Ordinance Proposed Rate Resolution County Attorney Dylan Reingold provided background information on the enactment of the Advanced Wireless Infrastructure Deployment Act (the Act), and stated that the Act includes significant restrictions on the ability of local governments to prohibit, regulate, or charge for collocation of small wireless facilities and the placement of utility poles within the County rights-of-way. He updated the Board on the proposed draft ordinance and rate resolution for annual user fees and permit fees for collocations. A discussion ensued amongst the Board regarding the exemptions to the communications services tax, permit fees and the potential revenue issues, and Attorney Reingold made clarifications about what the Act allows. The Chairman opened the Public Hearing; there being no speakers, the Chairman closed the hearing. Indian River County Florida Page 10