Agenda Item #: VC-1186594923146-A

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August 23, 2007 [ ] Ordinance

Item  07 

AGENDA ITEM [ ] Resolution

[ ] Budget Resolution

[ X ] Other

Department: Leadership File Number: VC-1186594923146-A Division: Leadership Subject: Minutes from the county council meeting held on June 21, 2007. Account Number(s): N/A Total Item Budget: N/A Staff Contact(s): Camilla Grasso, Administrative Aide Phone: 736-5920 ext. 5898 Summary/Highlights: Attached are the minutes from the county council meeting held on June 21, 2007. Recommended Motion: Approval.

Marcy Zimmerman Proxy for Matt Greeson

OMB

Approved as to Budget Requirements Council Action: [] [] [] []

Legal

Approved as to Form and Legality

Betty Holness County Manager's Office

Approved Agenda Item For: August 23, 2007

Modification:

Approved as Recommended Approved With Modifications Disapproved Continued Date:

http://enn.co.volusia.fl.us/electronicagen/agendaitemprint2.asp

8/16/2007

Agenda Item #: VC-1186594923146-A

http://enn.co.volusia.fl.us/electronicagen/agendaitemprint2.asp

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8/16/2007

County Council of Volusia County, Florida

MINUTES JUNE 21, 2007 COUNCIL MEMBERS: Frank T. Bruno, Jr. Joie Alexander Andy Kelly Arthur E. Giles Jack H. Hayman Carl G. Persis Patricia Northey

County Chair At-Large District 1 District 2 District 3 District 4 District 5

STAFF: James T. Dinneen, County Manager Daniel D. Eckert, County Attorney Matt Greeson, Deputy County Manager Mary Anne Connors, Deputy County Manager Betty J. Holness, Community Outreach Manager Marcy A. Zimmerman, Deputy Clerk Camilla Grasso, Recording Secretary Karen Yaris, Administrative Aide

Public participation is encouraged on matters on the agenda. If you desire to be recognized by the Chair, please fill out a request form and present it to one of the staff members present in the Council Chambers. This will allow the County Chair to provide ample time for those desiring to be heard. Public participation on items not on the agenda can be presented to the County Chair and other Council Members attending, along with County staff representatives at 8:30 a.m. prior to the regular session of the Council meeting that begins at 9:00 a.m. If the matter cannot be resolved at that time, it will be presented to the County Council for determination regarding placing the matter on a future agenda. Public participation will also be heard at the end of the Council meeting. Public comment on issues on the agenda or public participation shall be limited to 3 minutes. Public hearings and time-certain matters may be heard later, but not sooner, than the designated time. If any person decides to appeal a decision made by the County Council with respect to any matter considered at such meeting or hearing, he/she will need a record of the proceedings including all testimony and evidence upon which the appeal is to be based. To that end, such person will want to ensure that a verbatim record of the proceedings is made.

In accordance with the American Disabilities Act, persons needing a special accommodation or an interpreter to participate in the proceedings, please notify the County Manager’s Office at least 2 days in advance: 736-5920. Assisted Listening System receivers are available for the hearing impaired, and can be obtained from the Deputy Clerk.

We respectfully request that all electronic devices are set for no audible notification.

Electronic Information! County Council agendas, minutes and live audio of meetings are available on the internet: http://volusia.org/countycouncil/info.htm

The Volusia County Council Chambers are a Wi Fi Zone.

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COUNTY COUNCIL MINUTES – JUNE 21, 2007

PUBLIC PARTICIPATION – 8:30 a.m. Mike Thompson said the price of farm feed was continuing to rise, thereby making ethanol, a corn-based fuel, quite expensive. He cautioned ethanol and coal would not work well as longterm fuel options.

CALL TO ORDER – 9:00 a.m.

County Council Chambers, Room 204, Thomas C. Kelly Administration Center, 123 West Indiana Avenue, DeLand, Volusia County, Florida.

ROLL CALL Council Member Northey was absent.

INVOCATION AND PLEDGE OF ALLEGIANCE

By: Rev. Jack Ottoson, Hope Lutheran Church of Daytona Beach.

PRESENTATIONS/PROCLAMATIONS Item 1

Mark Nelson, from the Volunteer Florida Foundation, presenting an outstanding citizen award to Vince Carter for his Embassy of Hope volunteer work Staff Contact: Betty Holness, 386-736-5920, ext. 2603 VC-1181935870298 Council Member Persis moved for APPROVAL as recommended and after Council Member Hayman seconded the motion it CARRIED 5-0, with Council Member Northey absent and Chair Bruno at a previous engagement.

RETIREMENTS Item 2

Douglas Mattocks, vehicle maintenance supervisor for Fleet Management, will retire June 29 after 27 years of dedicated service with Volusia County Staff Contact: Ruth Moorman, 736-5951, ext. 2605 VC-1181135630997 •

APPROVAL OF MINUTES OF COUNTY COUNCIL Item 3

Request approval of Minutes from the County Council - Regular Session held April 19, 2007 Staff Contact: Camilla Grasso, 386-736-5920, ext. 5898 VC-1181655241842 Council Member Giles moved for APPROVAL WITH A MODIFICATION to page 6 of the Item and after Council Member Persis seconded the motion it CARRIED 5-0, with Council Member Northey absent and Chair Bruno at a previous engagement.

PULL CONSENT AGENDA ITEMS

If discussion is desired by any member of the Council, that item must be removed from the consent agenda and considered separately. All other matters included under the consent agenda will be approved by one motion. Citizens with concerns should address those concerns

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COUNTY COUNCIL MINUTES – JUNE 21, 2007

by filling out a public participation slip and giving it to the Deputy Clerk prior to consent agenda items being pulled.

Council Member Kelly: Council Member Alexander: Council Member Persis Council Member Hayman Council Member Giles

Item 16 Item 16 0 0 0

Council Member Hayman moved to APPROVE the CONSENT AGENDA and all actions recommended therein, as amended to remove Item 16 for discussion. The motion was seconded by Council Member Giles and CARRIED 5-0, with Council Member Northey absent and Chair Bruno at a previous engagement.

9:30 a.m. Item 4

Proposed large scale amendment CPA-07-2 Staff Contact: Montye Beamer, 386-740-5210, ext. 2000

VC-1181142355607

Council Member Hayman felt further examination of the Item was needed and moved to CONTINUE it. Council Member Giles seconded the motion. Discussion followed. Growth and Resource Management Director Montye Beamer noted Council had until March of 2008 to adopt the evaluation and appraisal report (EAR)-based map amendments. She suggested having additional workshops and rescheduling the large scale Comprehensive Plan amendment to come back to Council in November, which would allow for its adoption and transmittal to the Department of Community Affairs (DCA) by the following March. She also said action on the EARbased amendments could be separated from the other amendments. Council Member Hayman AMENDED his motion to CONTINUE only the EAR-based amendments to the timeline Ms. Beamer had given, and move forward with the other amendments. Further discussion ensued. Council Member Giles WITHDREW his second to the original motion, since it would be possible to take action on some of the amendments at that time. Council Member Hayman restated the amended motion, which was to CONTINUE the Agenda Item, except for Tasks #1, #2 and #4. Council Member Persis seconded the amended motion. Deputy County Attorney Jamie Seaman said for the record Council Member Hayman misstated Task #4, and instead meant to continue Task #5. Deputy County Manager Mary Anne Connors stated, given the level of concern shown by Council, staff recommended continuing the entire Agenda Item to allow time for more examination and input. Council Member Persis WITHDREW his second to the amended motion. Council Member Hayman then moved to CONTINUE Agenda Item 4, based on staff’s recommendation. Council Member Persis seconded the motion which CARRIED 5-0, with Council Member Northey absent and Chair Bruno at a previous engagement.

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COUNTY COUNCIL MINUTES – JUNE 21, 2007

PUBLIC HEARINGS AND TIME CERTAIN MATTERS 10:45 a.m. Item 5

Resolution extending requirement for planned development approval for the Ormond Crossings Community Redevelopment Area (CRA) Staff Contact: Matt Greeson, 386-736-5920, ext. 5549 VC-1181673203451 Deputy County Manager Matt Greeson gave an overview of the history of the project and also provided an accompanying slide presentation. There was discussion on the request expected in the future for an increase in the County’s contribution to the project. Staff recommended approval of the present request for a one-year extension. Land use attorney Glenn Storch said the CRA had been handled correctly and met all requirements and standards. Clay Ervin, City of Ormond Beach, thanked staff for working with the City on the issue and said he was present for any questions Council might have. Discussion followed. Council Member Hayman stated for the record the CRA was an excellent example of City-County cooperation. Council Member Giles moved APPROVAL as recommended, and after Council Member Persis seconded the motion it CARRIED 5-0, with Council Member Northey absent and Chair Bruno out of the room. Resolution No. 2007-112, entitled as follows and on file in its entirety with the records of the County Council, was duly ADOPTED. RESOLUTION NO. 2007 –112 A RESOLUTION OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, EXTENDING THE DELEGATION OF SPECIFIED COUNTY REDEVELOPMENT POWERS TO THE CITY OF ORMOND BEACH FOR THE ORMOND CROSSINGS PROJECT AREA; REPEALING PORTIONS OF RESOLUTION NO. 2004-131 IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.

11:00 a.m. Item 6

Daytona Beach Shores joint planning agreement (JPA) Staff Contact: James T. Dinneen, 386-736-5920, ext. 2187

VC-1181676155842

County Manager Dinneen gave opening remarks. Council Member Giles gave an overview of the history of the project. Neighbors had concerns about the final proposed densities and condominium heights, and a plan for townhouses with height and buffer restrictions was finally selected as a transition/compromise between single family homes and condos. The end result would require a PUD, with both the City and the County participating. Daytona Beach Shores Mayor Greg Northrup and City Manager Michael Booker both spoke highly of the project, the developer and the end product. Council Member Hayman expressed G:\CMG\CLERK\MINUTES\2007\06-21-2007 Minutesdoc

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COUNTY COUNCIL MINUTES – JUNE 21, 2007

concerns regarding boat slips and public/commercial maritime activity. It was explained any type of marina facility would require a specific plan to be done separately. It also would have to be heard by both the City and the County. Daytona Beach Shores City Attorney Glenn Storch stated there would be opportunities for public meetings. Efforts had been made at good planning, addressing concerns and consensusbuilding with the community. A PUD was the best prospect for public comment at the current stage.

Michael Woods, attorney for the property owner, stated the plan was a good example of how

such joint projects should be handled. His client was happy the matter had been brought before the County Council, and accepted the height and buffer restrictions.

Myra Gercken, a neighbor of the proposed development, felt it would be incompatible and inconsistent with the current land use. She cited traffic, environmental and school concurrency concerns and asked that Council deny the request. Mayor Northrup noted the State required the counties to address school concurrency, and the zoning would allow a higher density than what was being requested. Discussion followed. While there still were some concerns and it was acknowledged the proposal was not perfect, it was generally agreed it was the best compromise that could be reached. Council Member Giles moved for APPROVAL as recommended and after Council Member Alexander seconded the motion it CARRIED 6-0, with Council Member Northey absent.

11:25 a.m. Item 7

RSQ No. 07-SQ-100BB Direction on contract for professional auditing services Staff Contact: Matt Greeson, 286-736-5920, ext. 5549

VC-1180970579669

Deputy County Manager Matt Greeson gave the staff report. He stated James L. Moore and Co. was the only respondent. Council could either negotiate a contract with or rebid for other input. Also, there were three options as to the term of the contract, but there was no price difference among them. After some discussion, Council Member Hayman moved to APPROVE the contract with James L. Moore and Co. for five years with one, two-year renewal. Council Member Alexander seconded the motion, which CARRIED 6-0, with Council Member Northey absent.

Bernadette Britz-Parker, of James L. Moore and Co., thanked Council for its support. 11:30 a.m. Item 8

Project No. 4911/Parcels 113, 117, 132, 734, 834 and 833 Resolution - acquisition through eminent domain of parcels necessary for the extension of Rhode Island Avenue - west from Westside Parkway to U.S. 17/92 (Volusia Avenue South), Orange City G:\CMG\CLERK\MINUTES\2007\06-21-2007 Minutesdoc

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Staff Contact: Larry Smith, 386-736-5950, ext. 2635 Gerald N. Brinton, 386-736-5967, ext. 2294

VC-1181326249093

County Engineer Jerry Brinton gave the staff report. After some discussion, Council Member Persis moved APPROVAL as recommended and after Council Member Giles seconded the motion, it CARRIED 5-0, with Council Member Northey absent and Council Member Kelly out of the room. Resolution No. 2007-113, entitled as follows and on file in its entirety with the records of the County Council, was duly ADOPTED. RESOLUTION NO. 2007-113 A RESOLUTION OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, RELATING TO THE ACQUISITION OF RIGHT-OF-WAY, PLUS CONSTRUCTION & IMPROVEMENTS TO RHODE ISLAND AVENUE WEST FROM WESTSIDE PARKWAY TO US 17/92 (VOLUSIA AVENUE, SOUTH) IN THE AREA OF ORANGE CITY, VOLUSIA COUNTY, FLORIDA; APPROVING A RIGHT-OF-WAY AND OWNERSHIP MAP FOR PROJECT NO.: 4911; AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY - PARCEL NOs. 113, 117, 132, 734/834 AND 833, BY GIFT, PURCHASE OR CONDEMNATION, FOR THE PURPOSE OF ROAD CONSTRUCTION, ALIGNMENT, WIDENING, PAVING, CURBING, GUTTERS, SIDEWALKS, DRAINAGE AREAS, WATER RETENTION, AND ROAD RIGHT-OF-WAY NECESSARY FOR THE EXTENSION OF RHODE ISLAND AVENUE - WEST AND OTHER NECESSARY IMPROVEMENTS INCIDENT THERETO; PROVIDING AN EFFECTIVE DATE.

11:35 a.m. Item 9

Order of Business: Open Public Hearing Staff Report Public Participation Close Public Hearing Council Discussion/Action

DeBary Ave. P-4351 (Enterprise/Deltona area) Right of way resolution and plat resolution - property exchange, proposed abandonment/vacation of a portion of DeBary Avenue and portions of plats Staff Contact: Gerald N. Brinton, 386-736-5967, ext. 2294 Council Member Alexander moved to CONTINUE the Item to July 5, 2007, 2:30 p.m., and after Council Member Giles seconded the motion, it CARRIED 6-0, with Council Member Northey absent.

BEGIN CONSENT AGENDA

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AIRPORT SERVICES AND PORT AUTHORITY Airport Services Item 10

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Bid No. 07-B-103DW Special event parking at the Daytona Beach International Airport Staff Contact: Steve Cooke, 386-248-8030, ext. 8309

VC-1181073760638

This Item was approved at the time the CONSENT AGENDA was approved.

Item 11

Contract No. 1211 Change order to construction contract for perimeter service road phase III [$687,273.10] Staff Contact: Dennis McGee, 386-248-8030, ext. 8320 VC-1181242963507 Arlene Smith, 386-248-8030, ext. 8312 This Item was approved at the time the CONSENT AGENDA was approved.

Item 12

RSQ No. 02-SQ-62BL, Project No. 5101-G Amendment to task assignment to the LPA Group, Incorporated for Daytona Beach International airport perimeter road - phase III construction project [$44,104.00] Staff Contact: Dennis McGee, 386-248-8030, ext. 8320 VC-1181311454609 Arlene Smith, 386-248-8030, ext. 8312 This Item was approved at the time the CONSENT AGENDA was approved.

Port Authority Item 13

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Budget resolution - Inlet & Port District joint participation grant funds to Leisure Services for the Smyrna Dunes park boardwalk reconstruction project [$400,000.00] Staff Contact: Joe Nolin, 386-248-8072, ext. 8335 VC-1177504855581 Dennis McGee, 386-248-803, ext. 8320 This Item was approved at the time the CONSENT AGENDA was approved. Resolution No. 2007114, entitled as follows and on file in its entirety with the records of the County Council, was duly ADOPTED. RESOLUTION NO. 2007-114 RESOLUTION OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2006-07 BUDGET, CHANGING THE ESTIMATED TOTAL REVENUES, SURPLUS AND EXPENDITURES AND PROVIDING AN EFFECTIVE DATE.

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COMMUNITY SERVICES Votran Item 14

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PA No. 2253/Bid No. 03-B-129JJ Renewal of price agreement for Wix filters for Votran buses [$50,000.00] Staff Contact: Jim Dorsten, 386-756-7496, ext. 4128

VC-1181065954622

This Item was approved at the time the CONSENT AGENDA was approved.

FINANCIAL AND ADMINISTRATIVE SERVICES Revenue Item 15

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Bid No. 07-B-84FL Contract - printing and mail processing notices and forms for the revenue division [$61,000.00] Staff Contact: Rhonda Orr, 386-736-5938, ext. 2329 VC-1179413638101 Donna Wagner, 386-943-7009, ext. 7009 This Item was approved at the time the CONSENT AGENDA was approved.

GROWTH AND RESOURCE MANAGEMENT Building and Zoning Item 16

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CEB-06-311 and CEB-06-312 Code enforcement fines (Requestor: Rocky Lee Bowling, Owner) [$11,700.00] Staff Contact: Michael Dyer, 386-736-5950, ext. 2946 VC-1180969900529 Council Member Kelly asked if the Item would be setting a precedent. Growth and Resource Management Director Montye Beamer explained it would not. The case was an exceptional one in that Mr. Bowling’s home was refinanced and the fines paid off during the process. That action stopped any further involvement by the Code Enforcement Board, and required the case to be forwarded to Council. County Attorney Dan Eckert explained the facts of the case, adding Council’s approval would simply remand it back to the Code Enforcement Board for determining the remission of some, all or none of Mr. Bowling’s fines. Council Member Kelly then moved for APPROVAL as recommended and after Council Member Hayman seconded the motion it CARRIED 5-0, with Council Member Northey absent and Chair Bruno at a previous engagement.

OCEAN CENTER Administration Item 17

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Circuit Court Case No. 2004-30632-CICI

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COUNTY COUNCIL MINUTES – JUNE 21, 2007

Settlement of costs in eminent domain action, County of Volusia v. Heirs of Joseph Proctor/Wild Olive [$119,426.58] Staff Contact: Larry Smith, 386-736-5950, ext. 2635 VC-1181161021232 Rick Hamilton, 386-254-4500 This Item was approved at the time the CONSENT AGENDA was approved.

PUBLIC WORKS Engineering Item 18

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Settlement of Walgreen's business damage claim, attorney fees and costs in the eminent domain action, LPGA Blvd. expansion project P-1180, Parcel 29 [$127,252.00] Staff Contact: Larry Smith, 386-736-5950, ext. 2635 VC-1180545742558 Gerald N. Brinton, 386-736-5967, ext. 2294 This Item was approved at the time the CONSENT AGENDA was approved.

Item 19

RSQ No. 06-SQ-20RB/Project No. P-4740-1 Task assignment to contract for Spruce Creek causeway construction testing, inspection, and monitoring [$60,953.00] Staff Contact: Gerald N. Brinton, 386-736-5967, ext. 2294 VC-1180710260070 This Item was approved at the time the CONSENT AGENDA was approved.

Item 20

P-4338, Parcel 4 Land purchase - Old Mission Road in New Smyrna Beach area [$36,917.85] Staff Contact: Gerald N. Brinton, 386-736-5967, ext. 2294 VC-1181046473826 This Item was approved at the time the CONSENT AGENDA was approved.

Item 21

P-5239, Parcel 101 Land purchase - Howland Boulevard in Deltona area [$61,000.00] Staff Contact: Gerald N. Brinton, 386-736-5967, ext. 2294

VC-1181049804107

This Item was approved at the time the CONSENT AGENDA was approved.

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Item 22

Bid No. 06-B-252JG/PA No. 7379 Increase to the utilization of price agreement with Halifax Paving, Inc. - asphaltic concrete and removal of existing surface by milling, for maintenance and emergency repairs [$1,200,000.00 through October 31, 2009] Staff Contact: Gerald N. Brinton, 386-736-5967, ext. 2294 VC-1181229392085 This Item was approved at the time the CONSENT AGENDA was approved.

Item 23

Project No. 4351 Reimbursement for relocation of Progress Energy transmission facilities - DeBary Avenue bypass project (Providence Blvd. to Deltona Blvd.) [$484,385.00] Staff Contact: Gerald N. Brinton, 386-736-5967, ext. 2294 VC-1181257047898 This Item was approved at the time the CONSENT AGENDA was approved.

Traffic Engineering Item 24

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RSQ No. 07-SQ-73DS Four contracts for professional traffic engineering and transportation planning services Staff Contact: Jon Cheney, 386-736-5968, ext. 2709 VC-1176830002648 This Item was approved at the time the CONSENT AGENDA was approved.

Water and Utilities Item 25

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RSQ No. 07-SQ-75SR Contract for professional hydrogeologic and well services Staff Contact: Gloria Marwick, 386-943-7027, ext. 2724

VC-1179321029471

This Item was approved at the time the CONSENT AGENDA was approved.

Item 26

Sole source purchase of a model OZIII sewer TV inspection camera [$39,820.00] Staff Contact: Scott Heil, 386-822-6417 VC-1180021217399 This Item was approved at the time the CONSENT AGENDA was approved.

Item 27

Project No. P-5523, RSQ No. 06-SQ-19RB Task assignment to contract for consumptive use permit compliance report preparation; professional utility engineering services [$59,160.00] Staff Contact: Gloria Marwick, 386-943-7027, ext. 2724 VC-1181049308654 This Item was approved at the time the CONSENT AGENDA was approved.

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SHERIFF’S OFFICE Administration Item 28

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Budget resolution - Edward Byrne memorial justice assistance grant [$99,422.00] Staff Contact: Laura Bounds, 386-736-5961, ext. 2108 VC-1181132822560 This item was approved at the time the CONSENT AGENDA was approved. Resolution No. 2007115, entitled as follows and on file in its entirety with the records of the County Council, was duly ADOPTED. RESOLUTION NO. 2007-115 RESOLUTION OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2006-07 BUDGET, CHANGING THE ESTIMATED TOTAL REVENUES, SURPLUS AND EXPENDITURES AND PROVIDING AN EFFECTIVE DATE.

Item 29

Donation of local law enforcement trust fund monies to the Stewart-Marchman Foundation [$5,000.00] Staff Contact: Laura Bounds, 386-736-5961, ext. 2108 VC-1180552931636 This item was approved at the time the CONSENT AGENDA was approved.

END CONSENT AGENDA 12:00 noon LUNCH RECESS PUBLIC HEARINGS AND TIME CERTAIN MATTERS 2:00 p.m. ZONING Item 30

Order of Business: Open Public Hearing Staff Report Public Participation Close Public Hearing Council Discussion/Action

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PUD-07-045 - Application of Paul Katz, Law office of Katz & Green, Attorney for Tomoka Landings, LLC, Owner, requesting an amendment to Tomoka Landings Business Planned Unit Development Resolution No. 98-29 located adjacent to the City of Ormond Beach; resolution Staff Recommendation: APPROVAL (of revisions to Master Development Plan and comments of various county agencies) PLDRC Recommendation: APPROVAL (with modification of staff’s conditions) No Opposition at PLDRC Staff Contact: Mary Robinson, 386-943-7059, ext. 2013 VC-1180413360587 Building and Zoning Director Mary Robinson gave the staff report. In response to questions from Council, Paul Katz, attorney for the owner, stated the City of Ormond Beach had reviewed the request but did not have anything to add. He did not know why the bar/liquor store use had been left in what was intended to be a predominantly professional business park. He said his client would agree to Council omitting the use altogether. Council Member Persis moved for APPROVAL as presented by Staff, with the following MODIFICATION: Paragraph E of the Development Agreement (page 6 of 14) to read: 5. Maximum building height – 35’ on Lot 2; five stories (55 feet) on Lot 1 And with the additional MODIFICATION by Council to Exhibit “C”, by amending the permitted uses as follows: Bars and/or Liquor Store Council Member Alexander seconded the motion, which CARRIED 6-0, with Council Member Northey absent. Resolution No. 2007-116, entitled as follows and on file in its entirety with the records of the County Council, was duly ADOPTED. RESOLUTION NO. 2007-116 ORDER AND RESOLUTION GRANTING A REQUEST FOR AN AMENDMENT TO THE TOMOKA LANDINGS BPUD (BUSINESS PLANNED UNIT DEVELOPMENT).

Item 31

Order of Business: Open Public Hearing Staff Report Public Participation Close Public Hearing Council Discussion/Action

PUD-07-054 - Application of Mark Watts, Attorney for Owner, David Strawn Lands, Inc, Owner, requesting a rezoning in the rural community of DeLeon Springs from the B-4 (General G:\CMG\CLERK\MINUTES\2007\06-21-2007 Minutesdoc

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Commercial) and R-4 (Urban Single-Family Residential) zoning classifications to the Strawn BPUD (Business Planned Unit Development) zoning classification; resolution Staff Recommendation: APPROVAL (subject to conditions) PLDRC Recommendation: APPROVAL (with conditions recommended by staff) No Opposition at PLDRC Staff Contact: Scott Ashley, 386-943-7059, ext. 2014 VC-1181180771695 Planning Manager Scott Ashley presented the staff report. Mark Watts, attorney for owner, said his client was simply trying to make the entire property commercial, for standard retail use. Council Member Alexander moved for APPROVAL as recommended by Staff. Council Member Giles seconded the motion. Council Member Kelly asked for clarification of “special land use overlay.” Mr. Ashley stated the Future Land Use Element of the Comprehensive Plan had specific overlay areas designated as rural communities. The land in question fell within one of the areas. Although the underlying land use was rural, a special land use overlay allowed the existing zoning to remain. The motion CARRIED 6-0, with Council Member Northey absent. Resolution No. 2007-117, entitled as follows and on file in its entirety with the records of the County Council, was duly ADOPTED. RESOLUTION NO. 2007-117 ORDER AND RESOLUTION GRANTING A REQUEST FOR CHANGE OF ZONING FROM B-4 and R-4 TO THE STRAWN BPUD (BUSINESS PLANNED UNIT DEVELOPMENT).

Item 32

Order of Business: Open Public Hearing Staff Report Public Participation Close Public Hearing Council Discussion/Action

Z-07-026 – Application of Jean Carol Clinton and Scott Clinton Numbers, Owners, requesting a rezoning in the community of Edgewater from the MH-3 (Rural Mobile Home) zoning classification to the MH-4 (Rural Mobile Home) zoning classification; resolution Staff Recommendation: DENIAL PLDRC Recommendation: DENIAL No Opposition at PLDRC Staff Contact: Scott Ashley, 386-943-7059, ext. 2014 VC-1181180861820 Council Member Persis moved to CONTINUE the Item to August 23, 2007, at 2:30 p.m., and after Council Member Kelly seconded the motion, it CARRIED 6-0, with Council Member Northey absent.

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COUNTY COUNCIL MINUTES – JUNE 21, 2007

RESOLUTION NO. 2007A RESOLUTION OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF VOLUSIA COUNTY, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN HEREIN DESCRIBED PROPERTY FROM MH-3 TO MH-4; PROVIDING AN EFFECTIVE DATE.

2:30 p.m. SPECIAL EXCEPTIONS Item 33

Order of Business: Open Public Hearing Staff Report Public Participation Close Public Hearing Council Discussion/Action

S-07-048 - Application of Basyle Tchividjian, Attorney for 495 Pell Road, LLC, Owner, requesting a special exception east of the community of Osteen for communication towers exceeding 70 feet in height above ground level (500-foot) on A-1 (Prime Agriculture) zoned property Staff Recommendation: APPROVAL (subject to 9 conditions) PLDRC Recommendation: APPROVAL (including staff’s recommended 9 conditions) Opposition at PLDRC Staff Contact: Scott Ashley, 386-943-7059, ext. 2014 VC-1181180971007 Council Member Persis moved to CONTINUE the Item to July 19, 2007, at 2:30 p.m., and after Council Member Alexander seconded the motion, it CARRIED 6-0, with Council Member Northey absent.

Item 34

Order of Business: Open Public Hearing Staff Report Public Participation Close Public Hearing Council Discussion/Action

S-07-055 - Application of Sheryl Denan, TBCOM Properties, Inc., Agent for Mariculture Technologies, Int’l, Owner, requesting a special exception south of the City of Oak Hill for a monopole communication tower exceeding 70 feet in height (170 ft. in height above ground level) and a waiver to Section 817.00(w)(5)(e) Communication towers. Setbacks and separation (750 ft. in lieu of the required 1000 ft.) from the residence to the northwest, on A-2 (Rural Agriculture) zoned property Staff Recommendation: APPROVAL (with 9 conditions) PLDRC Recommendation: APPROVAL (with conditions presented by staff) G:\CMG\CLERK\MINUTES\2007\06-21-2007 Minutesdoc

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No Opposition at PLDRC Staff Contact: Mary Robinson, 386-943-7059, ext. 2013

C

V -1181181045804

Building and Zoning Director Mary Robinson gave the staff report. In response to a question from Council Member Alexander, applicant Sheryl Denan replied there were breakpoints in the tower to enable it to bend inward and collapse upon itself in case of a hurricane or extremely high winds. The requested 85-foot radius was simply a safety feature to more firmly ensure the tower did not fall onto the highway. Council Member Hayman moved to UPHOLD the PLDRC recommendation of APPROVAL with the following CONDITIONS, as recommended by staff: 1. The Special Exception approval is for a single, self-supported monopole tower with a maximum height not to exceed 170 feet (AGL), and capable of co-locating a total of five carriers as shown on the Special Exception site plan. The proposed tower shall be located on the parcel in accordance with the submitted Special Exception plan subject to Land Development Code requirements and the approval of condition # 2. 2. County Council waiver to Section 817.00(w)(5)(e) Communication towers. Setbacks and separation to allow a tower separation from residential dwellings to be less than 1,000 ft., (750 ft.) from the existing single-family dwelling adjacent to the northwest. 3. Development of the parcel shall be subject to submittal of a conceptual site plan to the Land Development Division for review and approval prior to building permit application. The site plan must comply with applicable Zoning Ordinance and Land Development Code requirements. The subject parcel shall be developed in accordance with the site plan as may be modified by these conditions and/or modified by further County review and/or modified by the FAA/FCC and/or other permitting requirements. 4. All permits shall be obtained from the Federal Aviation Administration (FAA), and Federal Communication Commission (FCC) and/or any other applicable federal, state, or local governmental agencies as required and submitted to the Growth and Resource Management Department. The facility shall be maintained and operated in full accordance with all applicable federal, state and local regulations and permits. 5. The tower shall be lighted with dual lighting as specified by FAA Advisory Circular AC70/7460-1K, so that it is visible to aircraft in low light conditions. 6. If the tower is unused for a period of 180 consecutive days, the tower shall be deemed abandoned. Determination of the date of abandonment shall be made by the zoning enforcement official, who shall have the right to request documentation and/or affidavits from the tower owner regarding its usage. Upon such abandonment, the owner/operator of the tower shall have an additional 180 days within which to reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower, or to dismantle and remove the tower. One hundred eighty days from the date of abandonment with reactivation or upon completion of dismantling and removal, whichever occurs first, any approval for the tower shall automatically expire. G:\CMG\CLERK\MINUTES\2007\06-21-2007 Minutesdoc

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7. The tower owner shall provide an inspection report at least every five years, signed and sealed by a structural engineer licensed by the State of Florida, certifying that the tower is in good operating condition and meets all FCC and ANSI specifications. 8. A 15-foot wide, planted landscape buffer shall be maintained within the tower lease area. 9. A certified fall-zone letter shall be submitted during the building permit process demonstrating that the tower would collapse within the parent parcel. Council Member Giles seconded the motion, which CARRIED 6-0, with Council Member Northey absent.

Item 35

Order of Business: Open Public Hearing Staff Report Public Participation Close Public Hearing Council Discussion/Action

S-07-056- Application of Application of Sheryl Denan, TBCOM Properties, Inc. Agent for Gary Willis, Owner, requesting a special exception adjacent to the municipal limits of the City of Deltona for a monopole communication tower (165 ft. in height above ground level) and a waiver to Section 817.00(w)(5)(e) Communication towers. Setbacks and separation (763 ft. in lieu of the required 1000 ft.) from the residence to the northwest; and (628 ft. in lieu of the required 1000 ft.) from the residence to the south and a waiver to Section 817.00(w)(8) Communication towers. Landscaping on A-2 (Rural Agriculture) zoned property Staff Recommendation: APPROVAL (subject to 10 conditions) PLDRC Recommendation: NO RECOMMENDATION; TIE VOTE Opposition at PLDRC Staff Contact: Scott Ashley, 386-943-7059, ext. 2014 VC-1181181197320 Planning Manager Scott Ashley gave the staff report. Deputy County Attorney Jamie Seaman clarified the request, stating it was not a reconsideration, as the Special Exception had already been granted. It was simply a request for modification to several conditions. Council discussion followed and concerns were expressed over wetland impact.

Mary Solik, attorney for TBCOM Properties, stated Council’s approval would allow the applicant

to go through the process in an appropriate manner and the impact to the area would be very small. Also, there would be no impervious surface; instead of paving, gravel would be used to stabilize the access roads.

Mike Burkhead, a consulting ecologist, explained the grading process.

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Warren Watts, an environmental engineer, spoke about the quality of the wetlands in the lease area vs. the poorer quality of those surrounding the drainage ditch.

Darren Elkind, attorney for a number of adjoining homeowners and neighboring residents John Foshe and Ken Hoff, all spoke in opposition to the request. Council Member Alexander moved to DENY the request for amendment. Council Member Giles seconded the motion. Some discussion followed, during which Ms. Seaman noted that, even if Council denied the request, the applicant would still have the Special Exception with the conditions which had been granted earlier. The motion CARRIED 5-1, with Council Member Northey absent and Council Member Hayman in opposition.

3:00 p.m. Item 36

S-07-012 (Rehearing Request) Request for a rehearing of the application of Theodore & Dawn Hoppe, Owners, requesting a special exception in the community of Black Bear Ranch, for a kennel on FR(4) (Forestry Resource/Union Camp) zoned property. Previous County Council Decision at April 19, 2007 meeting: OVERTURNED recommendation of the PLDRC and DENIED the request (The Council must grant or deny another hearing. If a rehearing is granted, the Council must set a date and time to rehear the case.) Staff Contact: Mary Robinson, 396-943-7059, ext. 2013 VC-1181241865070 Mary Robinson gave the staff report. Eric Latinsky, attorney for the applicant, requested Council continue the item until all members were present and a ruling was made on the similar case of Kristy Grant, as procedural issues might arise from it. Council Member Persis moved to CONTINUE the rehearing request to August 23, 2007, at 3:00 p.m. Council Member Kelly seconded the motion which CARRIED 6-0, with Council Member Northey absent.

3:30 p.m. Item 37

Topics: Mini Budget Workshop - Unfunded Mandates; Elections Staff Contacts: James Dinneen, 386-736-5920 Charlene Weaver, 386-943-7054, ext. 2725

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County Manager Jim Dinneen gave opening remarks. He stated there were two troubling issues with the concept of unfunded mandates. One was local county governments’ perception by the public as the “enemy” that had instituted the various subsidies, when in fact the counties were only acting as agents for the State. The other was the State not taking the responsibility for passing along the cost of the subsidized programs to the counties. He felt citizens needed to know how much of the County’s budget revenue was dictated by action from the State, and that it was time to have it all put on the record. G:\CMG\CLERK\MINUTES\2007\06-21-2007 Minutesdoc

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Using a PowerPoint presentation, Elections Supervisor Ann McFall then gave an overview of her unfunded, yet mandated, budget situation in relation to the upcoming elections. Statewide, the Departments of Elections (DOE) made up a very large unfunded mandate in Florida, but counties were required to fund their own Elections Departments. The funding came primarily from the counties’ General Funds. In 2007-2008, there would be 31 municipal elections, two major countywide elections, preparation for the Presidential General Election, which is the major election, along with multiple constitutional revision petitions and some 70,000 changes to the voter registration database in 2008. It also was anticipated that 60,000 to 70,000 absentee ballot requests would be taken for each election in 2008. It was expected that the Volusia County DOE budget for 2007-08 would be $4,612,019, representing an increase of $1,059,568. Just the cost of the three 2008 Presidential Elections (Preference, Primary and General) would be approximately $1,266,000. Added to that were both Discretionary and Non-Discretionary costs, which totaled about $1,059,568. There also was a proposed budget reduction of 10% -- approximately $570,217 -- which also reflected a number of personnel cuts. This brought the total 2007-2008 budget to $4,621,019. Activity Project Manager Laurie White spoke about the future outlook, particularly as it related to equipment needs from the present through 2012. There were various requirements for optical scan and touch screen equipment. Beginning in 2008, Diebold would no longer produce the optical scan apparatus the County used. The vendor would continue technical support, but it was unknown if its new unit would be compatible with the County’s existing equipment. If the Holt Bill passed on the Federal level, the V-Pack or some other paper mechanism would have to be provided for the 2008 Federal elections. It was possible a $5-6 million unfunded mandate could result. If the Hometown Democracy Initiative passed, the number of elections required to be held would expand at a rapid rate, with the costs to be born by cities and counties. There also were ramifications to consider relating to independent audit and new reporting requirements. Council discussion followed. Mr. Dinneen cautioned that the Legislature also had capped the amount of monies counties could spend for mandated programs. Council Member Persis asked about the possibility of the County applying for a grant to demonstrate another way of voting. He cited the example of voting from one’s home by using a hand-held device. Ms. McFall explained some points about Florida Statutes which did not certify such a practice. Council Member Hayman expressed concern about the reduction in polling places Ms. McFall planned. Mr. Dinneen added if it became absolutely necessary, the County simply would have to find the $5-6 million required to cover the unfunded mandate Ms. White had described. He added Ms. McFall actually needed about a 25% budget increase, but the County was facing many unfunded mandates and simply could not add to every budget in need. He also pointed out the State still had not informed the County of its final budget reduction amount. Even if the County withstood the overall cutback process, it still could be hurt in a number of areas affecting services.

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PROCLAMATIONS – Presented Outside Council Chambers Item 38 • Juneteenth Celebration Day – June 13 Staff Contact: Pat Kuehn, 822-5062, ext. 2934

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Council Member Giles moved for APPROVAL as recommended and after Council Member Hayman seconded the motion it CARRIED 5-0, with Council Member Northey absent and Chair Bruno at a previous engagement.

REPORTS May be heard anytime throughout County Council meeting as time permits OTHER BUSINESS - NOMINATIONS/APPOINTMENTS Chair Bruno nominated Dwight Lewis as the County’s representative to the Central Florida Sports Commission. There was a consensus of approval by Council.

Item 39

BOARD: PERSONNEL BOARD INCUMBENT: Vacancy – Alternate TERM EXPIRING: August 5, 2011 LENGTH OF TERM: Six Years Nomination Method: ENTIRE COUNCIL THESE APPOINTMENTS WERE CONTINUED FROM THE JUNE 7, 2007 COUNTY COUNCIL MEETING. APPLICATIONS WERE DISTRIBUTED WITH THE MAY 24TH AGENDA PACKETS. Applications received from: Boggess, Robert W. II O'Leary, Tim Smalley, William Winter, Joseph J. Staff Contact: Marcy Zimmerman, 386-736-5920, ext. 2398

VC-1181310041359

Council Member Giles moved to CONTINUE the appointment. Council Member Hayman seconded the motion, which was APPROVED 5-0, with Council Member Northey absent and Chair Bruno at a previous engagement.

Item 40

BOARD: CHILDREN AND FAMILIES ADVISORY BOARD INCUMBENTS: Henry Martin (Chair - Bruno- Westside) TERM EXPIRED: March 31, 2007 LENGTH OF TERM: Two Years Nomination Method: DISTRICT – The County Chair may make one nomination (from the west side)

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THESE APPOINTMENTS WERE CONTINUED FROM THE JUNE 7, 2007 COUNTY COUNCIL MEETING. APPLICATIONS WERE DISTRIBUTED WITH THE MAY 24TH AGENDA PACKETS. Applications received from: Bacon, Deborah (District #1) Campbell, John R. (District #1) Chapunoff, Marcos (District #1) Couture, Bernard J. (Jay) Jr. (District #1) Mentzer, Walter J. (District #1) Ali, Ken (District #2) Clark, Susan E. (District #3) Clinton, Robert (District #3) Smalley, William (District #3) Grant, Kenneth R. (District #5) Staff Contact: Marcy Zimmerman, 386-736-5920, ext. 2398

VC-1181310051281

With Vice-Chair Alexander chairing, Chair Bruno moved to CONTINUE his appointment. Council Member Kelly seconded the motion, which was APPROVED 5-0, with Council Member Northey absent and Council Member Giles out of the room. At Chair Bruno’s request, Council Member Alexander moved to NOMINATE Cherry Smith, and after Council Member Hayman seconded the motion it CARRIED 5-0, with Council Members Northey and Persis absent.

Item 41

BOARD: VOLUSIA ECHO ADVISORY COMMITTEE INCUMBENTS: Vacancy (District #3) TERM EXPIRED: March 31, 2007 LENGTH OF TERM: Two Years Nomination Process: DISTRICT - The District # 3 representative may make one nomination (from within his district) THESE APPOINTMENTS WERE CONTINUED FROM THE JUNE 7, 2007 COUNTY COUNCIL MEETING. APPLICATIONS WERE DISTRIBUTED WITH THE MAY 24TH AGENDA PACKETS. Applications received from: Anderson, Brian G. (District #1) Cornett, Taver (District #1) – Citizen’s Academy Graduate Fieser, Gerald (District #1) France, Maureen (District #1) Hagstrom, Lorna Jean (District #1) Kerr, William David (District #1) Stewart, Lennette L. (District #2) G:\CMG\CLERK\MINUTES\2007\06-21-2007 Minutesdoc

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Tynes, Lionurd (District #2) Wagner, John E. (District #2) Dettman, Edwin Jr. (District #3) – Citizen’s Academy Graduate Rand, Julie Adams (District #4) Graven, Dennis M. (District #5) Stark, Dennis M. (District #5) Staff Contact: Marcy Zimmerman, 386-736-5920, ext. 2398

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Council Member Hayman moved to CONTINUE his appointment. Council Member Giles seconded the motion, which was APPROVED 5-0, with Council Member Northey absent and Chair Bruno at a previous engagement.

Item 42

BOARD: INCUMBENTS:

BEACH POLICY ADVISORY BOARD Mike Del Ninno (A/L – Alexander- Westside) Jay Crocker (Chair – Bruno- Westside) TERMS EXPIRED: March 31, 2007 LENGTH OF TERM: Two Years Nomination Process: DISTRICT –The At-Large representative may make one nomination (from the west side); the Chair may make one nomination (from the west side) THESE APPOINTMENTS WERE CONTINUED FROM THE JUNE 7, 2007 COUNTY COUNCIL MEETING. APPLICATIONS WERE DISTRIBUTED WITH THE MAY 24TH AGENDA PACKETS. Applications received from: Strawn, Steven Kirk (District #1) Ali, K. Ken (District #2) – Citizen’s Academy Graduate Boggess, Robert W. II (District #2) Gimbert, Greg (District #2) Harrington, Neil D. (District #2) Tarasi, Nan (District #2) Wagner, John E. (District #2) – Citizen’s Academy Graduate Corhern, Sid (District #3) Crocker, Jay (District #3) Troian, Daniel C. (District #3) Behnke, Patricia M. (District #4) Cripps, Andrew (District #4) O'Leary, Tim (District #4) Politis, Paul (District #4) – Citizen’s Academy Graduate Winter, Joseph J. (District #4) G:\CMG\CLERK\MINUTES\2007\06-21-2007 Minutesdoc

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Staff Contact: Marcy Zimmerman, 386-736-5920, ext. 2398

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At Vice-Chair Alexander’s request, Council Member Kelly moved to NOMINATE Steven Strawn as her At-Large westside appointment. Council Member Persis seconded the motion, which was APPROVED 5-0, with Council Member Northey absent and Chair Bruno at a previous engagement. With Vice-Chair Alexander presiding, Chair Bruno moved to CONTINUE his appointment. Council Member Giles seconded the motion, which was APPROVED 6-0, with Council Member Northey absent.

Item 43

BOARD: INCUMBENTS:

HISTORIC PRESERVATION BOARD Thomas W. Massfeller (District #4) Bruce Piatek (Chair – Bruno- Eastside) Vacant (Chair – Bruno- Westside) TERMS EXPIRED: March 31, 2007 LENGTH OF TERM: Two Years Nomination Process: DISTRICT – (The elector does not have to live in the Council Member’s District.) (The District #4 representative may make one nomination; the Chair may make two nominations (one from the east side and one from the west side) THESE APPOINTMENTS WERE CONTINUED FROM THE JUNE 7, 2007 COUNTY COUNCIL MEETING. APPLICATIONS WERE DISTRIBUTED WITH THE MAY 24TH AGENDA PACKETS. Applications received from: Benn, Jon (District #1) Campbell, John R. (District #1) Fraser, William A. (District #1) Harrington, Neil D. (District #2) Tynes, Lionurd (District #2) Clinton, Robert (District #3) Corhern, Sid (District #3) Marusa, Edward A. Jr. (District #3) Smalley, William (District #3) Hargreaves, Linda (District #4) O'Leary, Tim (District #4) Grant, Kenneth R. (District #5) Staff Contact: Marcy Zimmerman, 386-736-5920, ext. 2398

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Council Member Persis moved to NOMINATE Jon Benn, and after Council Member Hayman seconded the motion, it was APPROVED 6-0, with Council Member Northey absent.

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With Vice-Chair Alexander presiding, Chair Bruno moved to NOMINATE William Fraser as his west side appointment and Sid Cohern as his east side appointment. Council Member Giles seconded the motion, which was APPROVED 6-0, with Council Member Northey absent.

Item 44

BOARD: INCUMBENTS:

HUMAN SERVICES ADVISORY BOARD Patricia Askew (District #2) Wayne Dicken (District #3) TERMS EXPIRED: March 31, 2007 LENGTH OF TERM: Two Years Nomination Method: DISTRICT – The District #2 representative may make one nomination; and the District #3 representative may make one nomination THESE APPOINTMENTS WERE CONTINUED FROM THE JUNE 7, 2007 COUNTY COUNCIL MEETING. APPLICATIONS WERE DISTRIBUTED WITH THE MAY 24TH AGENDA PACKETS. Applications received from: Kerr, William David (District #1) Martin, Henry, Dr. (District #1) Ali, K. Ken (District #2) – Citizen’s Academy Graduate Koch, Barbara F. (District #2) Needham, Donald E. (District #2) Clark, Susan E. (District #3) Spencer, Kathy (District #3) Wagner Hill, Suzanne (District #3) Staff Contact: Marcy Zimmerman, 386-736-5920, ext. 2398

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Council Member Giles moved to CONTINUE his appointment. Council Member Hayman seconded the motion, which was APPROVED 5-0, with Council Member Northey absent and Chair Bruno at a previous engagement. Council Member Hayman moved to NOMINATE Wayne Dicken, and after Council Member Kelly seconded the motion, it was APPROVED 5-0, with Council Member Northey absent and Chair Bruno at a previous engagement. Council Member Hayman later moved for a RECONSIDERATION of his appointment, as no application was currently on file for Mr. Dicken. Council Member Alexander seconded the motion, which was APPROVED 6-0, with Council Member Northey absent. Council Member Hayman then moved to CONTINUE his appointment. Council Member Alexander seconded the motion, which was APPROVED 6-0, with Council Member Northey absent.

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Item 45

BOARD: INCUMBENTS:

VOLUSIA COUNTY LIBRARY ADVISORY BOARD Adrianne Baytop (District #3) Eva Williams (Chair - Bruno) TERMS EXPIRED: March 31, 2007 LENGTH OF TERM: Two Years Nomination Process: DISTRICT - The District #3 representative may make one nomination from his district; and the Chair may make one nomination (of an elector within the County) THESE APPOINTMENTS WERE CONTINUED FROM THE MAY 24, 2007 COUNTY COUNCIL MEETING. APPLICATIONS WERE DISTRIBUTED WITH THE MAY 24TH AGENDA PACKETS. Applications received from: Chapunoff, Marcos, M.D. (District #1) Wagner, John E. (District #2) – Citizen’s Academy Graduate Needham, Donald E. (District #3) Baytop, Adrianne (District #5) Grant, Kenneth R. (District #5) Staff Contact: Marcy Zimmerman, 386-736-5920, ext. 2398

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With Vice-Chair Alexander presiding, Chair Bruno moved to CONTINUE his appointment. Council Member Hayman seconded the motion, which was APPROVED 6-0, with Council Member Northey absent. Council Member Hayman moved to NOMINATE Donald Needham. Council Member Giles seconded the motion, which was APPROVED 6-0, with Council Member Northey absent.

PUBLIC PARTICIPATION Robert Craddock spoke about an emergency alert system he wanted to demonstrate to the Council. Deputy County Manager Mary Anne Connors said the request was a business proposal, which would be handled through standard purchasing procedures.

DISCUSSION BY COUNCIL OF MATTERS NOT ON AGENDA AND COMMITTEE REPORTS Council Member Persis: •

Had nothing for discussion.

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Council Member Hayman: • •

Gave an update on the Water Authority of Volusia (WAV). Said the recent Growth Summit had been very good, but some people at the Summit from the agricultural community told him they would like a similar meeting held for those with agricultural interests.

Council Member Alexander:

• • •

Reported on the previous day’s meeting with the East Central Florida Regional Planning Council (RPC) and the discussion on the Energy Bill. She also displayed the RPC’s new logo. Spoke about the upcoming Affordable Housing Summit. Asked staff for an update on the status of the three kennels whose owners had recently appeared before Council with zoning requests.

Council Member Giles:

• • •

•

Spoke about the Florida Association of Counties’ recent Annual Conference. Congratulated staff on the Smart Growth Summit held on June 16th. Said he did not want County offices closed during the lunch hour unless they were staffed by only one person, and wanted a policy framed to that effect. He added he had seen the Veterans Affairs office in Daytona Beach closed in such a manner on more than one occasion. Asked about the status of the agenda item which was to address the rehabilitation of low-income housing, especially the time frame involved in the process.

Council Member Kelly:

• • •

• •

Commended staff on its efforts in cleaning up Lake Beresford and asked for a further update. Asked if the history on various Agenda Items could be researched. Asked if anyone had ever examined the idea of loading as much cellular equipment on one tower as possible so as not to have to erect another tower nearby. Discussion followed as to prior efforts on the matter. County Attorney Eckert said staff would provide him with the 1998 Zoning Ordinance revision, made after the 1996 Telecommunications Act, which set the County’s policy on the issue. Council Member Kelly also asked for any information that pertained to requiring cell tower designs to blend with the environment. Wanted an update on the government entities involved in the water treatment plant to be considered at the West Volusia Summit. Asked the County Manager for an update on consolidation of services.

Chair Bruno:

• • •

Noted the annual luncheon with the Farm Bureau and Agri-Business Advisory Board would be held on September 6th. Nominated Dwight Lewis to participate on the County’s behalf in the upcoming Golf Challenge. Council approved the nomination by consensus. Felt Council should reach a consensus of support for Map A before it began its discussion of Map B, and a firm date should be set for same.

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DISCUSSION BY STAFF OF MATTERS NOT ON AGENDA County Manager Dinneen: •

• • •

Asked for Council to approve a payment to James L. Moore and Co. for up to $35,000 for a financial evaluation of EVAC, to be done independently of its contract with the County. Council Member Kelly moved to APPROVE the evaluation. Council Member Giles seconded the motion, which CARRIED 4-0, with Council Members Northey, Persis and Hayman absent. Said he would be meeting with Council Members to review the State’s budget reduction. There was a possibility it would not be as severe as anticipated. Stated for the record there would be a workshop July 11th to discuss commuter rail. Said Council Member Giles’ request for the Veterans Affairs office in Daytona Beach to stay open during the lunch hour had been handled.

County Attorney Eckert:

•

Said he would meet with Council Member Kelly and any other interested Council Members with an update on the cellular phone regulations.

ADJOURNMENT There being no further business, the meeting adjourned at 4:21 p.m. APPROVED COUNTY COUNCIL VOLUSIA COUNTY, FLORIDA BY______________________________________ Frank T. Bruno, Jr., County Chair ATTEST__________________________________ James T. Dinneen, County Manager

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