County Council of Volusia County, Florida

MINUTES

AUGUST 20, 2009

 

COUNCIL MEMBERS:

 

STAFF:

Frank T. Bruno, Jr.

County Chair

James T. Dinneen, County Manager

Joie Alexander

At-Large

Daniel D. Eckert, County Attorney

Andy Kelly

District 1

Mary Anne Connors, Deputy County Manager

Joshua J. Wagner

District 2

Charlene Weaver, Deputy County Manager

Jack H. Hayman

District 3

Betty J. Holness, Community Outreach Manager

Carl G. Persis

District 4

Marcy A. Zimmerman, Deputy Clerk

Patricia Northey

District 5

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.

 


PUBLIC PARTICIPATION – 8:30 a.m. 

 

Mike McMaster spoke about a code violation he felt had been wrongfully placed on his business in Oak Hill (Mariculture Technologies International, Inc.) and asked the Council to remove it.  Council Member Hayman said the situation was a unique one and he would address Council later about it. 

 

Rev. Anthony Starnes spoke about ethnic war leading to disaster.

 

Mike Thompson spoke about Medicare and the need for insurance reform. 

 

Robert Pfeifer, Don Kane and Betty Kane spoke in opposition to the proposed budget.

 

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

 

All Council Members were present.

 

INVOCATION AND PLEDGE OF ALLEGIANCE

By: Reverend Carl Rogers, First Assembly, DeLand

 

PROCLAMATIONS – Presented Outside Chambers

Item 1

  • New Smyrna Beach Barracudas Day – August 9, 2009

Staff Contact: Pat Kuehn, 386-822-5062, ext. 2934                                                       VC-1249583819671

 

Council Member Hayman moved for APPROVAL as recommended.  Council Member Alexander seconded the motion, which CARRIED 7-0.

 

Item 2

Award of beach concession contract to NSB Shoreline Services, LLC, for beach equipment rentals and sale of food and sundries on the south beach [$22,000.00]

Staff Contact: Rick Karl, 386-736-5950, ext. 2459                                        VC-1249493341796

 

Assistant County Attorney Rick Karl gave the staff report, which included overhead photographs of proposals for vehicles, uniforms, and electronic cash register equipment.  The contract was the third to be awarded, had no exceptions and gave a minimum guarantee.  Mr. Karl did note in all the contracts approved so, far credit card use required a minimum of $5.00, and that amount was written into this contract as well.  The fourth group, the north beach food vendors which were to be awarded a contract, had requested a $10.00 minimum. The staff needed the Council’s direction on that in order to stay equitable with all the concessionaires.

 

Some Council discussion followed.  Council Member Alexander wanted to make sure all background checks included drug testing. She also wondered about an incentive that could be offered to induce patrons to report when no receipt was dispensed from an unstaffed vending location.  Mr. Karl said the matter would be referred to the Project Manager for examination.  In other discussion, only Council Member Wagner said he would support a $10.00 minimum credit card purchase.

 

David Kern, NSB Shoreline Services, thanked the Council and staff for working so diligently with him. He said he was looking forward to dealing with the County.

 

Council Member Hayman moved for APPROVAL as recommended.  Council Member Alexander seconded the motion, which CARRIED 7-0.

 

APPROVAL OF MINUTES

Item 3

Minutes of July 2, 2009, county council meeting

Staff Contact: Camilla Grasso, 386-239-7745, ext. 4292                                                VC-1248974390316

 

Council Member Alexander moved for APPROVAL as recommended.  Council Member Kelly seconded the motion, which CARRIED 7-0.

 

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 by filling out a public participation slip and giving it to the Deputy Clerk prior to Consent Agenda Items being pulled.

 

Chair Bruno:                                        Nothing for himself, but pulled Items 10 and 20 for the

                                                            public,  said Item 32 had been  withdrawn and said that

            Item 40 would be continued later in the day to 3:00 on

            October 1st.

Council Member Wagner:                    Items 10, 20, 21 and 28

Council Member Alexander:                Items 12, 23 and 33

Council Member Hayman:                   0

Council Member Kelly:                        Items 10, 20 and 24

Council Member Northey:                    Items 11 and 18

Council Member Persis:                       Item 25

 

Council Member Hayman moved to APPROVE the CONSENT AGENDA and all actions recommended therein, as amended to remove Items 10, 11, 12, 18, 20, 21, 23, 24, 25, 28 and 33 for discussion.  The motion was seconded by Council Member Alexander and CARRIED 7-0.

 

Discussion followed.  Council Member Wagner asked to have Item 20 rescheduled to either a time-certain slot that day or continued to the next meeting to allow more of the neighborhood’s elderly residents time to arrive, as some had transportation problems.  He also did not feel the Item was appropriate for the Consent Agenda.  After some discussion, the consensus was to move forward and hear the Item as scheduled today.

  

Item 4

West Volusia Tourism Advertising Authority (WVTAA) budget

Staff Contacts: James Dinneen, 386-736-5920, ext. 2187

                         Charlene Weaver, 386-943-7054, ext. 7054                              VC-1249993272363                 

 

Renée Tallevast, Executive Director of the WVTAA, introduced some of the new members of the board of directors.  She then delivered the staff report, which included a short PowerPoint slide presentation.  Ms. Tallevast noted the WVTAA was transitioning away from the River of Lakes Heritage Corridor brand and would be conducting branding workshops to determine ways to identify itself. In the meantime, the WVTAA was referring to itself as the DeLand/Deltona – Greater West Volusia County Region.  Also, www.visitwestvolusia.com was its new Internet domain name.

 

Council discussion followed.  Assistant County Attorney Rick Karl said there had been a very smooth transition with the new board of directors, and the River of Lakes Heritage Corridor was now a citizens’ advisory group (CAG), as it should be.  Council Member Northey noted some items missing in the presentation that she felt needed to be addressed, but felt the WVTAA overall was doing an excellent job.  Council Member Kelly thanked Ms. Tallevast and other staff members publicly for taking a personal salary cut of some 20% to help in the budgetary effort.  He also hoped that the board would allow the River of Lakes Heritage Corridor to assume that as a brand name at the upcoming branding workshop.

 

After additional remarks, Council Member Alexander moved for APPROVAL of the budget as recommended.  Council Member Kelly seconded the motion, which CARRIED 7-0.

 

MINI BUDGET WORKSHOP

Item 5

Topics: General Budget Discussion FY 2009/10

Staff Contacts: James Dinneen, 386-736-5920, ext. 2187                                                                         

                         Charlene Weaver, 386-943-7054, ext. 7054

                         Tammy Bong, 386-736-5934, ext. 2848                                    VC-1250016168464

 

County Manager Jim Dinneen gave opening remarks.  Deputy County Manager Charlene Weaver presented the staff report, along with an overhead PowerPoint presentation along with hard copies of the presentation.  She first discussed the budget process, which was providing levels of service and their costs. She then compared the County with the State benchmark, reviewed the State property tax structure and how it affected various taxpayers and finally addressed future challenges.

 

Mr. Dinneen punctuated Ms. Weaver’s presentation with various observances.  He felt it had never been made clear enough that the ad valorem property tax was the only revenue source over which the County Council had direct control.  The money was allocated administratively to cover the cost of the core services to County government, such as public safety.  In essence, all services other than those considered to be core were paid from revenue sources other than property taxes.  Although the Council did have choices over its allocation to the core services, they were very difficult choices to make since they affected the services that were considered to be the most critical.

 

Mr. Dinneen also listed a number of ways Volusia County Government had been saving money, such as starting with downsizing in 2006, going to full rollback before any other Florida county, finding savings within departments and not filling jobs lost through attrition.  All in all, the measures had saved the taxpayers some $94 million in the last three years.

 

Ms. Weaver continued her presentation, explaining the unfunded and ongoing operating mandates by the State over which the County had no control, and the major, one-time investments in capital projects, technology advancements, reserves, emergency response projects and community projects.  She then moved into the part of the presentation on the State tax structure.  She clarified preliminary tax roll information on real property, the impact of Save Our Homes on tax revenues and gave actual examples of homesteaded and non-homesteaded property taxes paid for the same market value of a home. She compared average figures of what residential parcels were taxed last year as opposed to this year in an effort to show general parameters of what was expected to happen to residential, not commercial, properties.  Ms. Weaver concluded her presentation with an overview of future challenges regarding revenue expectations and the provision of services at an acceptable level.

 

Elected officials then addressed the Council.  Property Appraiser Morgan Gilreath, Supervisor of Elections Ann McFall and Sheriff Ben Johnson all spoke about the overall effect of unfunded State mandates on their respective departments and talked about other issues affecting their sections.  All agreed maintaining acceptable levels of service would be difficult in the future.

 

At approximately 11:30 a.m., Chair Bruno called for a five-minute recess.  Upon reconvening, Ms. Weaver noted the economic concerns expressed by the elected officials were held by all other County departments.  She added she had just received new information that the 2010 property taxes on more than 23,000 parcels would be less than they were in 2000.  If the taxable value were to drop another 17%, the County would lose some $20 million.  In closing comments, Mr. Dinneen noted the tax rates of different counties should not be compared.  It was necessary to look at the cost per citizen.  That was $431 in Volusia County as compared to $725-$900+ in some other Florida counties.

 

Public participation took place.  Don and Betty Kane spoke against raising taxes and employee raises and in support of larger budget cuts.

 

Council discussion and comments followed.  Council Members thought the presentation had been very good and highly enlightening.  They expressed a desire to disseminate the information throughout the media, cities and as many organizations and groups as possible.  Council Member Alexander said the Council closely scrutinized everything to cut spending wherever possible. She wondered if the County’s travel reimbursement had to be the same as the Federal rate of 55¢ a mile.  Mr. Dinneen replied he was researching the possibility of using the State rate of 44¢ a mile, which still would be reasonable, but also would be a budget cut.

 

Council Members felt more people should attend the mini-budget workshops held throughout the year, as the County’s financial picture grew with each one. They also expressed concerns about the necessity to provide core services in the face of unfunded mandates and a dwindling tax base.  Council Member Persis stated he was not in favor of the proposed budget. He wanted it cut more and did not favor a 2% employee raise.  He felt the budget’s perception by the public would be negative in these difficult economic times.

 

Discussion about employee raises followed. It was felt the same rate increase, if any, should apply to all employees, whether they were union or non-union.  Mr. Dinneen stated he was required by law to negotiate with the unions for the Sheriff’s Deputies and Firefighters.  He was down to the wire to hold that negotiation, and needed direction from the Council on how much expense, if any, he should put in the budget for the increases.  Raises of 2% this year would cost approximately $3 million, and he also wanted the Council to think about increases for future years.  There was a consensus for Mr. Dinneen to allow for the 2% raises this year—based on performance—and a 0% increase next year.  There also was a consensus to direct Mr. Dinneen to negotiate a two-year contract with the unions based on the 2% raise this year and the 0% increase next year.

 

PUBLIC HEARINGS AND OTHER TIME CERTAIN MATTERS

 

9:50 a.m.

Item 6

Construction of the recreational use of Beck Ranch park

Staff Contact: Tim Baylie, 386-736-5934, ext. 2636                                                       VC-1246974761046

 

County Manager Jim Dinneen gave introductory remarks, noting that maintenance standards for park facilities would have to change due to skyrocketing operating costs.  Parks Director Tim Baylie delivered the staff report, along with an overhead PowerPoint slide presentation.   Other projects in his presentation were the Ormond-by-the-Sea off-beach parking lot, the Rockefeller Drive off-beach parking lot in Ormond Beach and the Wilbur-by-the-Sea off-beach parking lot.

 

Discussion followed and the Council was enthusiastic about the plans for the projects.  Council Member Wagner noted the Wilbur community felt there was more to this particular project than the parking lot and wanted to see a neighborhood aspect to it.  Mr. Dinneen said the big issue was available parking for residents, especially during special events at the Wilbur Boathouse, which might bring surges of visitors.  The Council had never reached a consensus on just what to do with the site.  If the neighborhood could convey a desired use for the site that Council agreed with, staff would take the necessary steps to implement such a plan.  Mr. Wagner said he would ask  Wilbur residents for their ideas and opinions, especially regarding a lot adjacent to the site.  Mr. Dinneen thought that was reasonable, but also felt work on maximizing the use of the actual parking lot itself should move forward.

 

After additional discussion regarding the projects and budgetary matters, Mr. Dinneen recapped the Council’s direction to staff as being to move ahead with plans for the Beck Ranch, the Ormond-by-the-Sea project and the Rockefeller project. Also, to have Mr. Wagner meet with the Wilbur residents on that plan and bring back a report on the proceedings to the Council.

 

9:55 a.m.

Item 7

Order of Business:

Open Public Hearing

Staff Report

Public Participation

Close Public Hearing

Council Discussion/Action

 

First amendment to the Osteen Joint Planning Area agreement

Staff Contact: Kelli McGee, 386-736-5959, ext. 2845                                                VC-1249403684975

                       Michael Dyer, 386-736-5950, ext. 2946

 

Vice-Chair Alexander presided as Chair.  Planning and Development Services Director Kelli McGee gave the staff report, which included an overhead PowerPoint slide presentation.  She gave background and action previously taken on the issue, and explained the two, proposed amendments.  Staff was recommending the Council approve the First Amendment to the Osteen JPA agreement.

 

There were no questions of staff and no one from the public was present to speak on the Item.  Council Member Northey moved for APPROVAL as recommended.  Council Member Persis seconded the motion, which CARRIED 4-0, with Council Member Hayman having been excused from the meeting earlier and Chair Bruno and Council Member Kelly at the Chess Park dedication ceremony.

 


10:00 a.m.

Item 8

Order of Business:

Open Public Hearing

Staff Report

Public Participation

Close Public Hearing

Council Discussion/Action

 

Ordinance Nos. 2009-10, 2009-11, 2009-12, 2009-13, 2009-14 Comprehensive Plan – Large Scale Amendment Cycle 09-1 - adoption hearing

Staff Contact: Kelli McGee, 386-736-5959, ext. 2845                                                VC-1247071125657

 

Planning and Development Services Director Kelli McGee delivered the staff report, which included an overhead PowerPoint slide presentation of the ordinances (Comprehensive Plan Amendments) proposed for adoption and a brief history of the meetings regarding them.  She summarized the Amendments and gave the action taken on them by both the Volusia Growth Management Commission (VGMC) and the State Department of Community Affairs (DCA).  The only objections and comments DCA had were about the Osteen Local Plan, and staff had satisfactorily addressed all of them.  Staff recommended the Council approve and adopt the 09-1 Comprehensive Plan Amendment package.

 

Questions and comments from the Council followed.  In response to a comment from Council Member Kelly, Deputy County Attorney Jamie Seaman explained the traffic flow for the Hontoon Island Study Area had been fixed to operate at the C Level of Service (LOS). When the County’s Comprehensive Plan was originally adopted in 1990, there were many copies of the study available and she could obtain one for Mr. Kelly if he so desired.  In response to a question from Council Member Northey, Ms. McGee clarified the DCA’s objections to the Osteen Local Plan.  Council Member Alexander noted a scrivener’s error and the need for internal consistency in the placement of certain sections, which needed correction before transmittal. 

 

Public participation followed.  Aiden Magee, with the Volusia/Flagler Environmental. Action Committee, said he was concerned about the Natural Resource Management Area (NRMA).  Kelli McGee explained steps the staff had taken to protect the NRMA and also to raise its “open space” development requirements.  She further explained the standards in the Environmental Core Overlay (ECO) area and noted the ordinances that governed those standards still were in development.

 

After additional discussion, August 20, 2009 being the date for public hearing and there being no objection, Council Member Alexander moved to ADOPT Ordinance Nos. 2009-10, 2009-11, 2009-12, 2009-13 and 2009-14, entitled as follows and on file in their entirety with the records of the County Council.  Pursuant to Council Member Persis seconding the motion, it was duly ADOPTED 6-0, with Council Member Hayman having been excused from the meeting earlier.

 

ORDINANCE NO. 2009-10

 

AN ORDINANCE OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, AMENDING THE VOLUSIA COUNTY COMPREHENSIVE PLAN ORDINANCE NO. 90-10 AS PREVIOUSLY AMENDED, BY AMENDING CHAPTER TWO – TRANSPORTATION ELEMENT TO INCLUDE THE FLORIDA BLACK BEAR SCENIC BYWAY; BY AMENDING OBJECTIVE 18.1.5 OF CHAPTER 18, “CULTURAL FACILITIES ELEMENT” RELATING TO GRANTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.

 

ORDINANCE NO. 2009-11

 

AN ORDINANCE OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, AMENDING THE VOLUSIA COUNTY COMPREHENSIVE PLAN ORDINANCE NO. 90-10 AS PREVIOUSLY AMENDED, BY AMENDING APPENDIX 1 MAPS AND FIGURES, “CHAPTER 3 OF THE PUBLIC SCHOOLS FACILITY ELEMENT” UPDATING THE SCHOOL CONCURRENCY SERVICE AREA MAPS FOR ELEMENTARY AND MIDDLE SCHOOLS; PROVIDING FOR SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE.

 

ORDINANCE NO. 2009-12

 

AN ORDINANCE OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, AMENDING THE VOLUSIA COUNTY COMPREHENSIVE PLAN ORDINANCE NO. 90-10 AS PREVIOUSLY AMENDED, BY AMENDING CHAPTER 21: “ADMINISTRATION AND INTERPRETATION,” TO CLARIFY CERTAIN PROVISIONS OF SAID CHAPTER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.

 

ORDINANCE NO. 2009-13

 

AN ORDINANCE OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, AMENDING THE VOLUSIA COUNTY COMPREHENSIVE PLAN ORDINANCE NO. 90-10 AS PREVIOUSLY AMENDED, BY ESTABLISHING OVERLAY DISTRICTS FOR NATURAL RESOURCE MANAGEMENT AREA AND ENVIRONMENTAL CORE OVERLAY, BY CLARIFYING ALL FUTURE LAND USE DESIGNATIONS, BY AMENDING INTERPRETATION OF FUTURE LAND USE DESIGNATIONS, BY AMENDING THE MATRIX FOR CONSISTENT ZONING CLASSIFICATIONS WITH FUTURE LAND USE DESIGNATION, BY AMENDING GOALS, OBJECTIVES, AND POLICIES RELATED TO FUTURE LAND USE DESIGNATIONS, AMENDING LAND USE LOCATION CRITERIA, PROVIDING RENUMBERING AND GRAMMAR CORRECTIONS; BY AMENDING CHAPTER 1: “FUTURE LAND USE ELEMENT,” TO CLARIFY CERTAIN PROVISIONS OF SAID CHAPTER; BY INLCLUDING ADDITIONAL SMART GROWTH POLICIES PROMOTING SUSTAINABLE DEVELOPMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.

 

ORDINANCE NO. 2009-14

 

AN ORDINANCE OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, AMENDING THE VOLUSIA COUNTY COMPREHENSIVE PLAN ORDINANCE NO. 90-10 AS PREVIOUSLY AMENDED, BY AMENDING CHAPTER 1: “FUTURE LAND USE ELEMENT,” BY ADDING THE “OSTEEN LOCAL PLAN” INCLUDING BACKGROUND, FUTURE LAND USE DESIGNATIONS, GOALS, OBJECTIVES AND POLICIES; AMENDING THE “FUTURE LAND USE MAP” BY ADDING THE “OSTEEN LOCAL PLAN FUTURE LAND USE MAP” TO THE FUTURE LAND USE MAP SERIES CHANGING 3990 ACRES FROM AGRICULTURAL RESOURCE, COMMERCIAL, ENVIRONMENTAL SYSTEMS CORRIDOR, FORESTRY RESOURCE, LOW IMPACT URBAN, NATURAL RESOURCE MANAGEMENT AREA, PUBLIC/SEMI-PUBLIC, RURAL, URBAN LOW INTENSITY, AND URBAN MEDIUM INTENSITY TO OSTEEN LOCAL PLAN OSTEEN COMMERCIAL VILLAGE, MIXED USE VILLAGE, TECH CENTER, URBAN RESIDENTIAL, TRANSITIONAL RESIDENTIAL, CLUSTER RESIDENTIAL, AND RURAL ESTATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.

 

11:30 a.m.

Item 9

Order of Business:

Open Public Hearing

Staff Report

Public Participation

Close Public Hearing

Council Discussion/Action

 

Ordinance 2009-20, creating special magistrate process for appeals of citations issued for county ordinance violations

Staff Contact: Michael Dyer, 386-736-5950, ext. 2946                                                   VC-1249501683068


Assistant County Attorney Mike Dyer gave the staff report.  He gave the background, the current process and concluded with a summary of the new process.  There were no questions of Mr. Dyer and no one from the public was present to speak on the Item.

 

August 20, 2009 being the date for the public hearing and there being no objection, Council Member Alexander moved to ADOPT Ordinance No. 2009-20, entitled as follows and on file in its entirety with the records of the County Council.  Pursuant to Council Member Persis seconding the motion, it was duly ADOPTED 6-0, with Council Member Hayman having been excused from the meeting earlier.


ORDINANCE NO. 2009-20

 

AN ORDINANCE OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE COUNTY OF VOLUSIA, CHAPTER 1, “GENERAL PROVISIONS;” AMENDING SECTION 1-7, “GENERAL PENALTY; CONTINUING VIOLATIONS;” CHAPTER 2, “ADMINISTRATION,” ARTICLE VII, “CODE ENFORCEMENT;” AMENDING DIVISION 1, “GENERALLY,” DIVISION 2, “CODE ENFORCEMENT” AND DIVISION 3, “CITATION PROCEDURE;” PROVIDING FOR PROCEDURES FOR ENFORCEMENT OF COUNTY ORDINANCES; AUTHORIZING INCLUSION IN CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.

 

 

BEGIN CONSENT AGENDA 

 

AIRPORT AND PORT

 

·         Airport Services

Item 10

Termination of the Jet Park Daytona LLC lease agreement

Staff Contact: Dennis McGee, 386-248-8030, ext. 8320                                VC-1248449306487       

                       Stephen Cooke, 386-248-8030, ext. 8309

 

This Item was WITHDRAWN.

           

  

COMMUNITY SERVICES

 

·         Community Assistance

Item 11

Budget resolution - Community Development Block Grant -- American Recovery and Reinvestment Act [$526,815.00 grant funds]

Staff Contact: Edward L. Jasper, 386-943-7039, ext. 3472                                        VC-1249490787837

 

Council Member Northey moved for APPROVAL with a comment.  She was disappointed to see that a number of very needy roads which had been submitted for construction funding had not been selected.  Council Member Persis seconded the motion, which CARRIED 4-0, with Council Member Hayman having been excused from the meeting earlier and Chair Bruno and Council Member Kelly at the Chess Park dedication.  Resolution No. 2009-117, entitled as follows and on file in its entirety with the records of the Volusia County Council, was duly ADOPTED.


RESOLUTION NO. 2009 -117

 

RESOLUTION OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2008-09 BUDGET, CHANGING THE ESTIMATED TOTAL REVENUES, SURPLUS AND EXPENDITURES AND PROVIDING AN EFFECTIVE DATE.

 

Item 12

Approval of Dori Slosberg Driver Education Program application by Volusia County School District [$499,790.00]

Staff Contact: Edward L. Jasper, 386-943-7039, ext. 3472                                        VC-1247588878503

 

Acting Chair Alexander stated her questions about the Item had been answered and asked for a motion for APPROVAL as recommended.  Council Member Wagner so moved and Council Member Northey seconded the motion.  The motion CARRIED 4-0, with Council Member Hayman having been excused from the meeting earlier and Chair Bruno and Council Member Kelly at the Chess Park dedication.

 

·         Library Services

Item 13

Extension of price agreement with DEMCO Inc. for library supplies, promotional and educational items, furniture, video equipment, and other operating items  [$60,000.00]

Staff Contact: Lucinda Colee, 386-248-1745, ext. 1212                                 VC-1247841644967

 

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

 

Item 14

Extension of price agreement with Bright House Networks for Ethernet and Internet access to 16 locations [$141,751.32]

Staff Contact: Lucinda Colee, 386-248-1745, ext. 1212                                 VC-1248180032672

 

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

 

·         Parks, Recreation and Culture

Item 15

Extension of price agreement to Godawa Septic for portable toilet rental [$50,000.00]

Staff Contact:  Tim Baylie, 386-736-5953, ext. 2636                                                 VC-1247838585400

 

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

 

Item 15A

Approval of the name and policies and procedures plan for the amphitheater at the Deltona Regional Library

Staff Contact: Tim Baylie, 386-736-5953, ext. 2636                                                  VC-1249937843079

 

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

 

FINANCIAL AND ADMINISTRATIVE SERVICES

 

·         Central Services

Item 16

Use of state contract with multiple vendors for Goodyear tires [$400,000.00]

Staff Contact: George Baker, 386-254-1595, ext. 1850                                 VC-1249324271251

 

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

 

·         Personnel

Item 17

Settlement of Betty Groom liability claim [$10,000.00]

Staff Contact: Christina Lifvendahl, 386-736-5963, ext. 2884                                      VC-1249399200712

 

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

 

·         Purchasing

Item 18

Cancellation of lawn maintenance contract; awarding multiple contracts to alternate lawn maintenance contractors [$395,000.00]

Staff Contact: Jeaniene Jennings, 386- 822-5789, ext. 5789                                      VC-1249067405321

 

Council Member Northey moved for APPROVAL with a comment.  She was very frustrated with the Item, as she had asked about the contractor’s stability from the beginning.  The company had submitted a very low bid and local firms lost by only a few dollars’ difference.  She wondered if perhaps the original process had not had the proper background verification system in place.

 

Acting Purchasing Director Jeaniene Jennings agreed with Ms. Northey’s frustration.  Staff had indeed used due diligence in investigating all the firms’ credentials and letting them know just what was expected.  For a number of reasons, mostly having to do with failing equipment, the owner of the company that had been awarded the bid had felt he had to go out of business.

 

Council Member Northey moved for APPROVAL as recommended.  Council Member Wagner seconded the motion, which CARRIED 4-0, with Council Member Hayman having been excused from the meeting earlier and Chair Bruno and Council Member Kelly at the Chess Park dedication.

 

·         Revenue

Item 19

Agreement with the Florida Tax Collectors Service Corporation to allow Title Technologies to provide electronic filing services to their customers

Staff Contact: Peggy Flomerfelt, 386-736-5938, ext. 2329                             VC-1249656627551

 

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

 

GROWTH AND RESOURCE MANAGEMENT

 

·         Planning and Development Services

Item 20

Joint project agreement with Embry-Riddle Aeronautical University (ERAU)

Staff Contact: Gregory Stubbs, 386-736-5959, ext. 2000                               VC-1249671252020                           Jamie Seaman, 386-736-5950, ext. 5950

 

Deputy County Attorney Jamie Seaman made opening remarks, giving background on the issue.  She had followed the Council’s direction to meet with Jim Morris, attorney for the Daytona Highlands subdivision, to work on drafting a final joint use agreement.  She felt that there were things in Mr. Morris’ draft that went above and beyond the modified ten points in County Manager Jim Dinneen’s corrected memo of June 4, 2009, which the Council had instructed her to incorporate into the joint use agreement. 

 

Ms. Seaman reiviewed some of the points in Mr. Morris’ agreement, stating the two most vexing issues were the ridge line and the impact on the Highlands of the existing ERAU playing fields as to lighting and the public announcement (PA) system.  Mr. Morris wanted language in the agreement stating there would not be any impact to the ridge line at all, but Ms. Seaman had received no instruction from the Council on that point.  Regarding the playing fields, it was her understanding the lights and sound on new development only in the buffer area were to be directed away from the Highlands, not the lights and sound coming from existing development.  Mr. Morris wanted all sound and light directed away from the subdivision.

 

Jim Morris, attorney for the Daytona Highlands subdivision, said he felt the parties had been in agreement on the survey language the previous night, but with Ms. Seaman’s comments that day it appeared they were not.  He displayed Mr. Dinneen’s June 4, 2009 memorandum as an overhead slide and stated there had never been any distinction between new and old sources of sound and light nuisances.  He also displayed an aerial depiction of the area and explained his understanding of how the ridge line was to have been handled.  He felt ERAU’s objection to posting its sports schedules on the Internet demonstrated the university considered the area to be its own, private facility.  He said ERAU would receive total control of an untaxed easement with no expiration date, and would be allowed to improve the site to suit itself without ever making it a publicly-used park.  He asked the Council to require ERAU to partner as outlined in the terms of the agreement and follow the terms of the memorandum.

 

Public participation followed.  Roland Blossom and Jesse Newberry, residents of the Daytona Highlands subdivision, asked the Council to call for all parties to work together on a fair resolution of the agreement.  Aiden Magee, Volusia/Flagler Environmental Action Committee, said the land was an environmental easement that should never have been taken from the Highlands at all. He felt the Council had violated the terms of the original covenant.

 

Some Council discussion of the joint agreement followed.  In response to questions from Council Member Kelly, Ms. Seaman explained ERAU had said it would create a system for scheduling and posting sporting events and make it accessible to the public.  She further clarified some concerns the school had regarding the process.  Mr. Morris stated his concerns with the public’s ability to access the schedule.

 

It was generally felt a professional survey of the area was needed, especially of the topography of the ridge, and a publicly accessible scheduling system should be put in place.  Most of the Council felt ERAU was well-intentioned and would do the right thing, but Council Member Wagner felt some type of language should be in the agreement to make sure the school did what it should.  Several Council Members also expressed concerns about the effect of field lighting and the PA system on the Highlands neighborhood. 

 

Joni Hunt, ERAU Government Relations Director, spoke on behalf of the school, as its attorney was out of state.  She said she saw no problem with posting notices on the Internet of the facilities’ availability to the public.  In other discussion, Ms. Seaman explained language in the agreement before Council by which ERAU would build up and revegetate a berm along the escarpment between the ball fields and the Highlands neighborhood.  Council Member Hayman said he clearly recalled discussion of activities on existing ball fields causing lighting and sound nuisances.  He felt the issue should be finished, and both the school and the nearby residents should abide by the terms of the agreement.

 

In response to questions from Council Member Alexander, Ms. Seaman explained she understood the restrictions to be on new lighting only; she did not realize a PA system was involved at all.  Both Ms. Alexander and Council Member Northey agreed with her.  Ms. Seaman also said not all County recreational activities were posted on its web site.  She further stated language could be added to the agreement that required ERAU to post the schedules for the playing fields on the Internet and the County to survey the ridge line.  However, staff would need direction from the Council as to the issue of the ridge line being impacted during construction and if so, restored, as well as whether or not to address the existing lights and PA system.  Ms. Alexander did not feel comfortable with changing anything in the agreement without ERAU’s attorney present. She felt the Item should either be continued or a motion made to approve the two Items Ms. Seaman had said staff could address, and later deal with whatever kind of action followed.

 

Some dialogue followed regarding possible impact to the ridge line during construction of containment walls and/or excavation, as well as existing trails within the buffer zone.  Ms. Seaman said the trails represented a separate issue for the Highlands neighborhood, and explained the association wanted the trails only utilized, not improved.  Chair Bruno stated the Council consistently had said it wanted to improve the trails and would not support such language, although he did not wish a problem to be created by over-widening trails or cutting back too much foliage.

 

Mr. Kelly felt the issue of the existing lights needed to be addressed.  Mr. Morris explained the Highlands residents wanted the lumens to be shielded.  They did not feel the berm would be high enough to block the glare from the existing lights.  County Attorney Dan Eckert said the correct term was “light source.”  Mr. Morris added the sound system could be directed to the west, away from the homes.  He stated for the record the proposed retention pond depicted on the map had been eliminated, as the Council had directed earlier.  This would bring the existing ball field further west and therefore further away from the ridge line.  He added he just wanted all parties to follow Mr. Dinneen’s memorandum.

 

Ms. Seaman suggested language additions to the joint agreement, as follows:

 

  1. Add to paragraph 6, “Sports schedules will be posted on the Internet.”
  2. Add to paragraph 10, “The County shall obtain a metes and bounds professional land survey of the ridge line which shall be utilized to define the active recreation area on the western portion of the property, that will become subject to the easement.  The County shall utilize the survey of the ridge line to establish a metes and bounds legal description of the passive recreation area on the eastern portion of the property, which shall be the subject of a Comprehensive Plan Amendment to conservation land use.”
  3. Leave the language about lighted ball fields in paragraph 6 and add, “The existing lights and PA system shall be addressed during the site plan review process.”

 

Further discussion ensued as to the lighting and sound issue.  There was a consensus by the Council to include the existing lighting in any restrictions.  Ms. Seaman was uncertain as to how to correct that as no one knew the best way to handle the situation.

 

Mr. Morris took exception to the fact that the map exhibit did not show the retention pond had been eliminated, as had been referenced in Mr. Dinneen’s memo.  Ms. Seaman disagreed on the point and explained her reasons, which concerned the location of the ridge line.  Mr. Bruno suggested continuing the Item to the second meeting in October.  Mr. Morris said he did not want to continue the Item and withdrew his comments.  Mr. Blossom made some suggestions regarding approval of the scheduling plan for the facilities.

 

Council Member Hayman moved for APPROVAL with MODIFICATIONS as outlined by Ms. Seaman.  Council Member Kelly seconded the motion, which CARRIED 7-0.

 


PUBLIC PROTECTION

 

·         Corrections

Item 21

Renewal of agreement for funding for 22 dedicated beds at Serenity House for the jail diversion treatment program [$197,377.00]

Staff Contact: Marilyn Chandler Ford, 386-323-3505, ext. 1442                      VC-1248973038058

 

Council Member Wagner moved for APPROVAL as recommended.  Council Member Persis seconded the motion, which CARRIED 4-0, with Council Member Hayman having been excused from the meeting earlier and Chair Bruno and Council Member Kelly at the Chess Park dedication.

 

·         Medical Examiner

Item 22

Sixth renewal, amendment and restatement of interlocal agreement with Seminole County for provision of medical examiner services; Revenue: $471,600.00

Staff Contact: Marie A. Herrmann, MD, 386-258-4060, ext. 1116                   VC-1243521779336

 

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

 

PUBLIC WORKS

 

·         Administrative Services

Item 23

Budget resolution - State of Florida Department of Transportation emergency relief program agreement amendment [$24,178.00]

Staff Contact: George Recktenwald, 386-736-5965, ext. 2207

                       Dave Bradley, 386-736-5965, ext. 2772                                      VC-1249477451676

 

Council Member Alexander explained she had pulled the Item to point out the confusing way revenues and expenses were designated on the agenda.  She felt some method should be established to indicate finance amounts as negative or positive.  Chair Bruno assured her the issue would be clarified in the future.

 

Council Member Alexander moved APPROVAL as recommended, and after Council Member Kelly seconded the motion it CARRIED 6-0, with Council Member Hayman having been excused from the meeting earlier.  Resolution No. 2009-118, entitled as follows and on file in its entirety with the records of the County Council, was duly ADOPTED.

 


RESOLUTION NO. 2009 -118

 

RESOLUTION OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2008-09 BUDGET, CHANGING THE ESTIMATED TOTAL REVENUES, SURPLUS AND EXPENDITURES AND PROVIDING AN EFFECTIVE DATE.

 

·         Engineering

Item 24

Joint pond agreement with the Florida Department of Transportation for Dunn Avenue extension project, Tomoka Farms Rd. to Williamson Blvd.

Staff Contact: Gerald N. Brinton, 386-736-5967, ext. 2294                            VC-1249495379481

 

Council Member Kelly moved APPROVAL as recommended, and after Council Member Alexander seconded the motion it CARRIED 6-0, with Council Member Hayman having been excused from the meeting earlier.

 

Item 25

Award of construction contract to A & T Builders, Inc. for Ormond by the Sea off-beach parking and amenities [$624,389.85]

Staff Contact: Gerald N. Brinton, 386-736-5967, ext. 2294                            VC-1248973722218

 

Council Member Persis moved for APPROVAL as recommended.  Council Member Wagner seconded the motion, which CARRIED 4-0, with Council Member Hayman having been excused from the meeting earlier and Chair Bruno and Council Member Kelly at the Chess Park dedication.

 

Item 26

Resolutions - Doyle Road safety project from Saxon Blvd. to Twisted Oak Trail, Local Agency Program agreement for securing federal funding, Deltona Area [Grant Funds: $843,450.00]

Staff Contact: Gerald N. Brinton, 386-736-5967, ext. 2294                            VC-1248459499068

 

This Item was approved at the time the CONSENT AGENDA was approved.  Resolution Nos. 2009-119 and 2009-120, entitled as follows and on file in their entirety with the records of the County Council, were duly ADOPTED.

 

RESOLUTION 2009-119

 

A RESOLUTION OF THE COUNTY OF VOLUSIA, FLORIDA, AUTHORIZING THE COUNCIL CHAIR TO SIGN A LOCAL AGENCY PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE DOYLE ROAD PAVED SHOULDERS PROJECT IN VOLUSIA COUNTY, FLORIDA.

 

RESOLUTION NO. 2009-120

 

RESOLUTION OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2008-09 BUDGET, CHANGING THE ESTIMATED TOTAL REVENUES, SURPLUS AND EXPENDITURES AND PROVIDING AN EFFECTIVE DATE.

 

·         Traffic Engineering

Item 27

Use of state contract with Transportation Control Systems and Control Technologies for related signal system components [$300,000.00]

Staff Contact: Jon Cheney, 386-736-5968, ext. 2709                                                VC-1249305498365

 

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

 

Item 28

Award to Transportation Control Systems for advance traffic signal controllers and Ethernet switches [$610,704.00: federal grant 75%; county funds 25%]

Staff Contact: Jon Cheney, 386-736-5968, ext. 2709                                                VC-1248362416164

 

Council Member Wagner moved for APPROVAL as recommended.  Council Member Persis seconded the motion, which CARRIED 4-0, with Council Member Hayman having been excused from the meeting earlier and Chair Bruno and Council Member Kelly at the Chess Park dedication.

 

·         Water Resources and Utilities

Item 29

Award to Masci Corporation for lift station, force main and water main replacement [$151,937.00]

Staff Contact: Gloria Marwick, 386-943-7027, ext. 2724                                VC-1248198508796

 

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

 

SHERIFF’S OFFICE

 

·         Administration

Item 30

Award to Mears Motor Leasing for vehicle lease program [$190,000.00]

Staff Contact: Laura Bounds, 386-736-5961, ext. 2108                                 VC-1249327463948

 

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

 

Item 31

FY 2009-2010 interlocal agreement for provision of law enforcement services to the City of Deltona; Revenue: $8,729,714.00

Staff Contact: Laura Bounds, 386-736-5961, ext. 2108                                 VC-1249304524578

 

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

 

Item 32

Contract with DNA Labs International for forensic DNA testing [JAG funds: $300,000.00]

Staff Contact: Laura Bounds, 386-736-5961, ext. 2108

 

This Item was WITHDRAWN.

 

Item 33

Interlocal agreements for records management services - City of DeLand; City of South Daytona     

Staff Contact: Laura Bounds, 386-736-5961, ext. 2108                                 VC-1248110045309    

 

Council Member Alexander said she had pulled the Item to highlight and applaud the excellent collaborations the County had with some of the cities.

 

Council Member Alexander moved for APPROVAL as recommended and after Council Member Wagner seconded the motion it CARRIED 6-0, with Council Member Hayman having been excused from the meeting earlier.

    

Item 34

Contract renewal with Tiburon, Inc. for annual software support and maintenance agreement [$129,389.00]

Staff Contact: Laura Bounds, 386-736-5961, ext. 2108                                 VC-1247744098064

 

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

              

 

END CONSENT AGENDA 

 

 


12:00 noon

LUNCH RECESS

 

PUBLIC HEARINGS AND OTHER TIME CERTAIN MATTERS

 

2:00 p.m.

ZONING/SPECIAL EXCEPTIONS

 

Item 35

Order of Business:

Open Public Hearing

Staff Report

Public Participation

Close Public Hearing

Council Discussion/Action

 

Z-09-040 – Resolution - Rezoning of 10.9 acres from A-1 (Prime Agriculture) to A-2 (Rural Agriculture).  Applicant:  Owner: Fabian Garcia.  Location:  2710 Ranch Road, Deltona

ECO Map: No

Staff Recommendation:         DENIAL

PLDRC Recommendation:    APPROVAL

No Opposition

Staff Contact: Becky Mendez, 386-736-5959, ext. 2943                                                VC-1247777795469

 

Senior Planning Manager Becky Mendez presented the staff report and displayed overhead photographs and area maps of the property in question.  The case originally had begun as a Code Enforcement violation for improvements made to an existing dwelling and for conversion of an existing accessory structure to a dwelling, both without permits.  The owner had applied for a rezoning to rectify the situation, with a view to splitting the parcel in two.  Staff had found three residential land use criteria which were not met and recommended denial, but the PLDRC had felt the criteria were met and recommended approval.

 

Council discussion followed.  There were some questions as to a special exception resolving the issue. Ms. Mendez stated staff believed that also was a remedy, but it would need an accompanying variance.  An alternative would be to eliminate the living facility.  Council also could place conditions on a special exception which, if violated, could lead to revocation of that special exception.

 

Darren Elkind, attorney for the applicant, gave a history of how his client had come to be in the situation, adding his client was not just another scofflaw but had simply neglected to pull the necessary permits.  He also explained how Mr. Garcia used the barn for boarding horses, noting neighbors were also present to support Mr. Garcia.

 

Further Council discussion ensued.  Council Member Kelly did not want to see the parcel split in two, and preferred a special exception and variance.  Council Member Alexander pointed out if the much-needed link that Council had often spoken of between Growth and Resource Management and the Property Appraiser’s office had been in place, the situation would have been discovered long ago.  She also preferred a special exception, as it could be conditioned.  Council Member Northey agreed with her.

 

Bruce Crane, an adjacent property owner, spoke in support of Mr. Garcia as an excellent neighbor who had built first-class buildings, maintained the road and supported the area’s rural lifestyle.  Chair Bruno noted for the record there were also four other neighbors in the audience who did not speak, but supported Mr. Garcia.

 

Council Member Alexander moved to REMAND the case back to the PLDRC to reconsider the application for a special exception and variance.  Council Member Kelly seconded the motion, which CARRIED 7-0.

 

Item 36

Order of Business:

Open Public Hearing

Staff Report

Public Participation

Close Public Hearing

Council Discussion/Action

 

S-09-038 -.Special exception to allow temporary campsites on A-2(2) (Rural Agricultural/ Activity Center) zoned property.  Owner:  Kenneth Kirton.  Location:  1464 Tomoka Farms Road, Daytona Beach

ECO Map: No

Staff Recommendation:         APPROVAL, with 14 conditions

PLDRC Recommendation:    APPROVAL, with modified condition #1

No Opposition

Staff Contact: Becky Mendez, 386-736-5959, ext. 2943                                VC-1249395129202

 

Senior Planning Manager Becky Mendez gave the staff report, noting the staff had concurred with the historical recommendations for temporary campsites.  She displayed a number of overhead aerial maps of the area in question.

 

Council discussion followed.  Several Council Members felt the special exception should be granted for only one year as staff had recommended, instead of the PLDRC recommendation of three years.  The PLDRC had felt the special exception could be extended, since there had been previous successful dealings with the owner.    

 

Kenneth Kirton, property owner, spoke in his own behalf.  He stated he had contacted all the adjacent landowners about his intention and there had been no objections.  He added he was donating a right-of-way to the County, which would afford 50 feet from the center line of the road.  There was no one from the public present to speak to the issue.

 

Council Member Persis moved for APPROVAL with the 14 staff-recommended CONDITIONS with the exception of adding the PLDRC-recommended MODIFICATION to condition #1, granting the special exception for a period of three years.  Council Member Hayman seconded the motion.  Discussion on the motion followed.  In response to a question from Council Member Alexander, Deputy County Attorney Jamie Seaman stated three-year special exceptions for temporary campgrounds used to be the norm, and another recently had been granted.

 

The motion CARRIED 5-2, with Council Members Northey and Kelly in opposition.  The final CONDITIONS were as follows:

 

1.  The temporary campsites shall be limited to the areas as shown on the site plan attached hereto dated May 27, 2009. The temporary campsites shall only be open for operation for three days before, during, and three days after regularly  scheduled racing events at the Daytona International Speedway for three (3) years during Biketoberfest, 2009, through Speedweeks, Bike Week and the Pepsi 400 (Coke Zero), 2010.

 

2. The maximum number of campsites that may be allowed on the site shall not exceed 44. The size of the individual campsites, number of recreational vehicle's per acre, number of portable toilets, potable water and shower facilities shall be in accordance with the Volusia County Health Department requirements. The sites that lie within the floodplain shall be eliminated and one site next to the additional parking also shall be eliminated in order to meet the 44-site limit.

 

3. Approval is subject to issuance of a County Use Permit for a commercial driveway onto Tomoka Farms Road.

 

4. The applicant shall submit copies of a detailed revised site plan, drawn to scale and provisions that address these conditions of approval, directly to the Volusia County Health Department, Fire Services, Sheriff's Office, and the Building and Zoning Division for review and approval before using the subject property for temporary camping use. The applicant shall coordinate with these departments on an individual basis. A site plan with all signed contracts for portable toilets and garbage pick/clean up times(s) also shall be submitted to the Building and Zoning Division 30 days prior to the opening of the campsites.

 

5. There shall be no vendors or itinerant merchants on the site.

 

6. The Volusia County Sheriff's Office, Finance, Fire Services, and Building and Zoning Divisions, and the Volusia County Health Department and State Department of Revenue, and the Department of Business and Professional Regulation (DBPR) shall have unlimited and unconditional access to the subject property, including common areas within the temporary camp site on a 24 hour a day basis without having to give prior notice and without having to pay any type of fee or dues to gain entrance for inspection or enforcement purposes.

 

7. No open fires are permitted on the subject property. The applicant shall provide fire protection services for the temporary campground in accordance with the requirements of the Assistant Chief of Fire Safety Management, including, but not limited to: Stabilized access drives for emergency vehicles and apparatus to all areas and sites; and provisions for fire suppression by providing fire extinguishers, Type 2A-40BC.

 

8. All recreational vehicle units with self-contained holding tanks for wastewater shall secure all sewer waste line caps at all times in a manner to preclude any leakage.  Posted signs throughout the campground shall state that no direct discharge of any wastewater from any recreational vehicle will be permitted.

 

9. Portable toilets and hand wash sinks shall be required at the two locations shown on the site plan. An approved service contract for pumping of the portable toilets shall be provided to the Volusia County Health Department 30 days prior to the opening of the campsites.

 

10. The temporary campsites shall comply with the minimum requirements for potable (drinking) water supply as required by Chapter 64E, Florida Administrative Code and applicable provisions of the Florida Building Code. Provisions for potable

water are subject to review and approval by the Volusia County Health Department.

 

11. The applicant shall provide adequate traffic control as determined by the Sheriff’s Office, including, but not limited to, an off-duty uniformed officer(s) (police/sheriff/highway patrol) stationed during the weekends, special events and peak traffic hours along Tomoka Farms Road in front of the entrance/exit. The uniformed officer(s) are for traffic control only and the applicant shall be required to pay any cost associated with these officer(s). In the event the temporary campsite becomes full, the applicant shall temporarily close the parking area to entering vehicles.

 

12. The applicant shall provide his own security for the campsite. Further, the officer(s) providing traffic control will not be providing security for the campsites. The applicant shall inform the Building and Zoning Division and Special Services of the Sheriff's Office of the person(s) in charge of security with his/her telephone number(s) and addresses 30 days prior to the opening of the campsites.

 

13. The applicant shall provide an adequate number of trash containers and dumpsters placed in strategic locations on the site. These dumpsters and containers shall be emptied and cleaned on an as-needed basis. The area shall be completely clear of litter and other refuse after each day of operation. To ensure compliance, the applicant shall provide the Building and Zoning Division with a written contract with a local solid waste management company 30 days prior to opening the campsite. The contract shall require a provision for garbage to be collect and removed from the site every other day.

 

14. Violation of any of these conditions may result in automatic revocation of the Special Exception by the Zoning Enforcement Official. Upon revocation, the temporary campground shall not be resumed without approval of another Special   Exception application by the County Council.

 

Item 37

Order of Business:

Open Public Hearing

Staff Report

Public Participation

Close Public Hearing

Council Discussion/Action

 

S-06-088 - Special exception for a 409 foot communication tower on FR (Forestry Resource) and RC (Resource Corridor) zoned property.  Applicant: Mims Community Radio, Inc. and Florida Public Radio, Inc.  Location:  Omega Ranch Road and State Road 44

ECO Map: Yes

Staff Recommendation:    APPROVAL with 10 conditions

PLDRC Recommendation:        APPROVAL with 10 recommended conditions,  

                                                   plus an additional condition

No Opposition

Staff Contact: Becky Mendez, 386-736-5959, ext. 2943                                VC-1249396425413

 

Senior Planning Manager Becky Mendez presented the staff report and distributed an affidavit of agreement between the two applicants.  She also displayed maps and aerial photographs of the area in question, discussed a companion variance to the special exception which the PLDRC had approved in July and emphasized the application was for a radio tower, not a cell tower.  Council had no questions of staff.

 

Randy Henry, with Florida Public Radio, Inc., but representing both applicants, said he would be happy to answer any questions the Council might have.  In response to a question from Council Member Kelly about future radio tower needs, he said one of the conditions of the special exception was that his organization would accept up to four clients to eliminate the need for another structure.  Stan Smith, an adjacent property owner, spoke on behalf of the tower companies.  He did not feel the tower would be any sort of detriment to the area.

 

After some other discussion, Council Member Wagner moved for APPROVAL with the following 10 CONDITIONS as recommended by staff:

1. The Special Exception approval is for a single, self-supporting guyed tower with a maximum height not to exceed 409 feet (AGL), and capable of co-locating at least four other carriers. The proposed tower shall be located on the subject property generally consistent with the submitted Special Exception plan prepared by Engineered Permits Inc. dated received June 17, 2009, and subject to compliance with County Code of Ordinances requirements, this Special Exception, and the related separate variance (V-06-089) application as finally approved.

 

2. This Special Exception is dependent upon separate final approval of the related variance (V-06-089) application and compliance with final variance conditions, if any.  If the related variance application is not approved and valid, this Special Exception shall immediately become void.

 

3. The proposed tower and all related property improvements shall be located only on the FR zoned part of the subject property, unless required improvements must be constructed or placed on the RC zoned part of the property, as determined per condition seven below. A maximum of 20% of the RC zoned property may be cleared or developed, excluding jurisdictional wetlands and required wetland buffers.

 

4. No wetland impacts are permitted. As part of future site plan review, the applicant shall revise the site development plans, to relocate the proposed tower access road and other property improvements to avoid wetland impacts and to provide 50-foot wetland buffers, to the maximum extent possible.

 

5. Except as shown on the submitted special exception plan, and for allowed future unmanned co-location equipment buildings and structures, no other structures or buildings shall be constructed within a 205 feet radius of the proposed tower. This minimum setback distance is based on the applicant’s engineering study by Gunnar Olsen Jr. P.A. and Gunnar A. Olsen, P.E. dated February 5, 1985; that predicted the radius of debris field resulting from structural failure is less than 50% of the tower height. The applicant and property owners, successors, and assigns shall also comply with the requirements of Section 72-280, Erection of m ore than one principal structure on a lot of the County Code of Ordinances, as amended.

 

6. All permits and approvals shall be obtained from the Federal Aviation Administration (FAA), and Federal Communications Commission (FCC) and/or any other applicable federal, state, or local governmental agencies as required. Copies of all required permits and approvals shall be submitted to the Zoning Enforcement Official, or designee, at no cost to the County. The facility shall be maintained and operated in full compliance with all applicable federal, state, and local regulations, permits and permit conditions.

 

7. Development of the parcel shall be subject to submittal of a site plan application to the Land Development Division for review and approval prior to building permit application and approval. The site plan must comply with applicable County Code of Ordinances requirements. The subject property shall be developed in accordance with the approved site plans 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. Notwithstanding these requirements, the tower and tower site shall be capable of co-locating a minimum of four (4) other carriers, including required ground equipment. The tower owner shall also submit at no cost to the County, an annual report to the Zoning Enforcement Official, stating the status and the tower owner’s efforts to encourage co-location on the subject tower by other communication carriers.

 

8. The tower shall be marked and lighted in accordance with the written specifications of FAA Advisory Circular 70/7460-1 AC 70/7460-1K Change 1 Obstruction, Marking, and Lighting, 24-hr. med-strobes-Chapters 4, 6, (MIWOL) & 12, as stated by the FAA’s Determination of No Hazard to Air Navigation. Except as required by the FAA or for site security reasons, the tower shall not otherwise be lighted. Except as required by the FAA or for public safety reasons as determined by the applicable governmental agency, the tower shall be galvanized grey or neutral in color, to help blend into its surroundings. The applicant shall submit proposed tower colors and markings for County approval, as part of the future site plan review process. No signs shall be erected or maintained on the proposed tower.

 

9. 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 and obtain 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.

 

10. The tower owner shall provide at no cost to the County, 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 American National Standards Institute (ANSI) specifications.

 

And with the following ADDITIONAL CONDITION, as recommended by the PLDRC:

 

11.  Before or concurrent with site development and required submission of a site plan application to the Land Development Division, the applicant and applicable property owner(s) shall demonstrate, provide and maintain legal and physical access to the subject property including the proposed communication tower site and all related communication equipment, guys, guy anchors and improvements, installed or maintained on the subject property from Omega Ranch Road or State Road 44. Appropriate site access, ingress, egress, and utility easements shall be provided and maintained on and through the subject property to enable operation and maintenance of the proposed communication tower, and related communication equipment and improvements, including future communication equipment and improvements by up to four additional carriers.

 

Council Member Persis seconded the motion, which CARRIED 7-0.  Council Member Hayman was then excused from the meeting, at approximately 4:45 p.m., to attend another function.

 

Item 38

Order of Business:

Open Public Hearing

Staff Report

Public Participation

Close Public Hearing

Council Discussion/Action

 

S-09-014 - Special exception to allow for a parochial or private school on R-3 (Urban Single Family Residential) zoned property.  Owner:  Glencoe Baptist Church.  Location:  196 North Glencoe Road, New Smyrna Beach

ECO Map: No

Staff Recommendation:              APPROVAL with 10 conditions    

PLDRC Recommendation:     APPROVAL with 10 conditions

No Opposition

Staff Contact: Becky Mendez, 386-736-5959, ext. 2943                                VC-1249401960214

 

Senior Planning Manager Becky Mendez presented the staff report, including overhead slides of area maps.  She explained a scrivener’s numbering error in the PLDRC staff report had shown 10 conditions when there were only nine.  She went through the conditions, noting the church had done well with its original special exception for a day care facility, and it now wished to expand that to allow grades K-12.

 

Council discussion and questions followed.  Council Member Alexander noted the day care facility was now operating as a K-5 grade school, and therefore was in violation of the original special exception.  She said she was reminded of a similar case recently where the church/school and neighbors were in opposition due to playground noise. She also had concerns about the dangerous location of the Glencoe church/school, and noted some of the property was in the City of New Smyrna, yet there was no statement from the City included in the Agenda Item.  Ms. Alexander said she was concerned about the proposed student capacity with reference to the size of the land and a proposed septic system.

 

In response to a question from Council Member Kelly, Ms. Mendez explained the reduced setback that staff had recommended.  Mr. Kelly felt both distance and landscaping would create a better noise buffer and wanted the maximum setback.  He also shared Ms. Alexander’s concerns about safety, neighborhood impact and school capacity.

 

Chair Bruno called for the applicant to come before the Council.  No one was present to represent the church, and no member of the public was present to speak to the issue.  Council Member Alexander then moved to DENY the request on the grounds that it would create a hazard or public nuisance, or be dangerous to individuals or the public and that it would materially alter the character of surrounding neighborhoods or adversely affect the value of surrounding land, structures or buildings.  Council Member Northey seconded the motion.

 

Discussion ensued.  Chair Bruno did not feel comfortable with the church having no representative to speak about the case and said he would not support the motion.  Mr. Kelly agreed, noting he would prefer to continue the Item to give the church an opportunity to come before the Council.  Council Member Persis added the church was located in Council Member Hayman’s district, and Mr. Hayman had left the meeting to attend another function.  Ms. Northey felt the applicant had received due notice of the hearing and had not shown responsibility.  Council Member Wagner also felt the Item should be continued.

 

The motion FAILED 2-4, with Chair Bruno and Council Members Kelly, Wagner and Persis in opposition and Council Member Hayman having been excused from the meeting earlier.

 

Council Member Kelly then moved to CONTINUE the Item to October 15, 2009, at 2:00 p.m.  Council Member Persis seconded the motion which CARRIED 6-0, with Council Member Hayman having been excused from the meeting earlier.

 

Item 39

Order of Business:

Open Public Hearing

Staff Report

Public Participation

Close Public Hearing

Council Discussion/Action

 

S-09-029 - Special exception for speedways, racetracks and motorized vehicle motorcross courses on A-2 (Rural Agriculture) zoned property.  Applicant:  Steve Hope.  Location:  West side of CR 415 and north of SR 44

ECO Map: No

Staff Recommendation:         APPROVAL with conditions

PLDRC Recommendation:    APPROVAL with modified conditions #6 and #8

                                               and by adding new conditions #11 and #12

No Opposition

Staff Contact: Becky Mendez, 386-736-5959, ext. 2943                                VC-1249404310698

Senior Planning Manager Beck Mendez presented the staff report.  She also displayed a number of area maps and aerial photographs of the location.  Some comments from the Council followed.  Council Member Kelly said he would like to see some type of provision for the use of the RV overnight parking lot, i.e., year-round, seasonal, special events only, etc.  Ms. Mendez said the matter could be added into one of the recommended conditions if the Council desired.  In response to a question from Council Member Alexander, Ms. Mendez explained the PLDRC’s modification to the hours of operation.

 

Glenn Storch, attorney for the applicant, said an ATV/dirt bike course was badly needed in Volusia County, as the closest one was in Bunnell in Flagler County.  He added the proposed location next to an existing racetrack was an excellent one.  He said a clause could be added in the conditions that would require the RV parking lot to be open only to people who were actually using the racetrack, and he further clarified the reasoning behind the modification to the hours of operation.

 

Mr. Kelly said he was concerned about impacts to wetlands and a chemical filtration/drainage system.  David Evans, Evans Engineering, displayed an overhead PowerPoint slide presentation and explained how his firm had handled that.  He also spoke about the geotechnical engineer, environmental scientist and sound scientist who had been retained for their professional input on various environmental concerns, mitigation efforts and erosion-preventive steps that could be taken.

 

Council Member Alexander moved for APPROVAL subject to the following 10, staff-recommended CONDITIONS:

 

1. Special Exception approval is limited to the use and site improvements as permitted by this Special Exception and as shown on the site plan submitted with the application dated April 23, 2009. Any proposed expansion of the proposed use or change of use will require approval of a new Special Exception.

 

2. Before the commencement of any site work, the applicant shall submit for review and approval a Final Site Plan application to the Land Development Activity, as provided under Section 72-291, Zoning Code, as amended. The Special Exception plan may be modified during the final plan review process to comply with applicable requirements of Chapter 72, Land Planning, Code of Ordinances.

 

3. Grass may be used for the off-street parking as long as the drive aisles are stabilized with a hard material and the handicapped parking stalls are paved to ADA standards.

 

4. A site lighting plan that shows all lighting, including security lighting, shall be submitted during the final site plan stage of development. This plan shall show how lighting fixtures will be placed, shielded and oriented so that there is no more than 0.5 foot-candle of light at each property line. All fixtures shall be directed downward and shielded in order to prevent light pollution from impacting the surrounding areas.

 

5. A loudspeaker plan with details shall be submitted during the final site plan stage that shows the locations of all of the proposed loud speakers, their range of projection, as well as details in terms of heights and types of loudspeakers. The intent is to prevent the projection of sound from the speakers beyond the property lines at a level higher than 80 dBA during racing events and practices.

 

6. The hours of operation of the events shall be from 10 AM to dusk, seven days a week, with events to be held on weekends and holidays only.

 

7. A landscape berm, as shown on the plan, shall be constructed to a height of 4 feet, with trees spaced 30 ft. on center and a continuous native plant hedge of at least 2 ft. high, capable of reaching 6 ft. high in three years, shall be planted along the entire length of the berm.

 

8. The track shall be maintained in good physical repair and the grounds shall be free of abandoned or unused vehicles.

 

9. The Recreational Vehicle (RV) overnight parking on the site shall meet the following conditions:

 

a. The RV overnight parking shall be limited to the areas as shown on the site plan attached hereto.

 

b. The maximum number of RV overnight parking stalls that may be allowed on the site will be determined during the final site plan review, based on site constraints and other requirements. The size of the individual stalls, number of recreational vehicle's per acre, number of portable toilets, potable water and shower facilities shall be in accordance with the Volusia County Health Department requirements.

 

c. The applicant shall submit copies of a detailed revised site plan, drawn to scale and provisions that address these conditions of approval, directly to the Volusia County Health Department, Fire Services, Sheriff's Office, and the Building and Zoning Division for review and approval before using the subject property for temporary camping use. The applicant shall coordinate with these departments on an individual basis.

 

d. No open fires are permitted on the subject property. The applicant shall provide fire protection services for the overnight parking in accordance with the requirements of the Assistant Chief of Fire Safety Management, including, but not limited to: stabilized access drives for emergency vehicles and apparatus to all areas and sites; and provisions for fire suppression by providing fire extinguishers, Type 2A-40BC.

 

e. All recreational vehicle units with self-contained holding tanks for wastewater shall secure all sewer waste line caps at all times in a manner to preclude any leakage. Posted signs throughout the overnight parking area shall state that no direct discharge of any wastewater from any recreational vehicle will be permitted.

 

f. Any food and beverage concession operations must receive a Food Service Permit from the Volusia County Health Department, and/or a permit from the DBPR Division of Hotels and Restaurants, prior to operating on the site.

 

g. The applicant shall provide his own security for the overnight parking.

 

h. The Applicant shall comply with all current and future requirements and provisions of the Itinerant Merchant License Ordinance, as amended, and the Outdoor Entertainment Event Ordinance, as amended, of the Volusia County Code of Ordinances.

 

10. The improvements to the site will minimize, to the greatest extent possible, impacts to wetlands. Furthermore, if impacts to wetlands are found to be unavoidable, then the developer shall comply with Volusia County and St. Johns River Water Management District (SJRWMD) criteria for mitigation of the impacted wetlands on site.

 

And with the following two PLDRC-recommended MODIFICATIONS to Conditions 6 and 8:

 

6. The hours of operation for motorized vehicles on the track are from 9 AM to thirty (30) minutes before sunset, seven days a week.

 

8. The track shall be maintained in good physical repair and the grounds shall be free of abandoned or unused vehicles.  Dust control of the dirt track shall be provided via an irrigation system which utilizes reuse/reclaimed water, and not potable water.

 

And with the following two ADDITIONAL CONDITIONS, as recommended by the PLDRC:

 

11. This special exception does not include any portions of the property located on the east side of S. R. 415.

 

12. A shared parking agreement between the property owner and the lessee shall be executed before any Final Site Plan Development Order is issued by the County.

 

Council Member Wagner seconded the motion.  There was some discussion on the motion.  Mr. Kelly still was concerned about RV usage.  Applicant Steve Hope explained that the track would be open seven days a week for practice, but only people who were using the track would be allowed to stay overnight in the RV parking lot.  Mr. Storch agreed to an ADDITIONAL CONDITION by Council:

 

13. Any RV usage would be tied to the use of the track.

 

Ms. Alexander and Mr. Wagner agreed to the additional condition and the motion CARRIED 6-0, with Council Member Hayman having been excused from the meeting earlier.

 

2:45 p.m.

Item 40

Order of Business:

Open Public Hearing

Staff Report

Public Participation

Close Public Hearing

Council Discussion/Action

 

A-09-033 - Appeal of the zoning enforcement official determination to property located on the east side of Tomoka Farms Road approximately one-quarter mile north of its intersection with Taylor Road, Samsula.  Appeal filed by Christopher Wickersham, Attorney for Agnes McDonald, owner

Staff Recommendation:  Affirm the zoning enforcement official’s determination

                                        and deny the appeal

ECO Map: No

Staff Contact: Mary Robinson, 386-943-7059, ext. 2013                                VC-1248876696913

 

Deputy County Attorney Jamie Seaman said proper notice had not been given and it was necessary to continue the Item.  Council Member Alexander moved to CONTINUE the Item to October 1st at 3:00 p.m., and after Council Member Persis seconded the motion, it CARRIED 5-0, with Council Member Hayman having been excused from the meeting earlier and Council Member Kelly out of the room.

 

3:15 p.m.

Item 41

Order of Business:

Open Public Hearing

Staff Report

Public Participation

Close Public Hearing

Council Discussion/Action

 

A-09-043 - Appeal of the zoning enforcement official determination regarding the property located at 2455 Tomoka Farms Road.  Appeal filed by: Christopher Wickersham, Attorney for Yancey McDonald, owner

Staff Recommendation:  Affirm the zoning enforcement official’s determination

                                        and deny the appeal

ECO Map: No

Staff Contact: Mary Robinson, 386-943-7059, ext. 2013                                VC-1248885045091

 

Building and Zoning Director Mary Robinson gave the staff report.  The appeal was a narrow one and concerned her determination that an 8,000-gallon fuel tank did not exist on Mr. McDonald’s property prior to the adoption of the Zoning Ordinance in July, 1980.  Ms. Robinson circulated to the County four, large, dated, aerial photographs mounted on boards and displayed them on an overhead screen.  At the request of Christopher Wickersham, counsel for Mr. McDonald, Ms. Robinson numbered the aerial photographs—taken between 1974 and 2006—as exhibits.  Based on the aerial photographs and other evidence reviewed, Ms. Robinson said she could find no evidence of the existence of the fuel tank prior to July, 1980.  She also gave evidence in the form of an email from Mr. McDonald saying the fuel tank was installed in 1992.  Staff requested that the Council find for the Zoning Enforcement Official’s determination and deny the appeal.

 

Mr. Wickersham presented his client’s case.  He agreed the issue was narrow and explained what was before the Council.  He listed a number of affidavits he had obtained, which he stated proved the fuel tank was in place prior to 1980.  He also stated he felt Ms. Robinson was taking the statement in Mr. McDonald’s email out of context, as Mr. McDonald was referring to the whole fuel containment structure, not simply the tank.  He added the County had inspected the site each year since 1994, but no complaint was heard until 2008.  He spoke about numerous emails introduced into the record between the former Code Administration Manager and one of Mr. McDonald’s neighbors, some of which made derogatory remarks about various citizens.  He also said he was denied due process in not being allowed an opportunity to respond to photographs taken from aerial maps by the Florida Department of Transportation (DOT), given to Ms. Robinson by one of Mr. McDonald’s neighbors.  He contended the photographs showed a canopy of trees, but not what was below them.  As the Council was sitting as an administrative tribunal, he urged it to weigh the evidence, not the emotion in the case, and reverse the Zoning Enforcement Official’s decision.

 

Questions and comments from the Council followed.  In response to a question from Council Member Wagner, Deputy County Attorney Jamie Seaman stated if the Council felt Mr. Wickersham had not been given the opportunity to rebut the photographic evidence as stated, it had the option to remand the case back to the Zoning Enforcement Official.  Council Member Kelly had questions about Mr. McDonald’s email to Ms. Robinson, the affidavits that had been submitted and the size and location of the fuel tank.

 

Public participation took place.  There were four people who had signed up to speak, but three of them had asked that Kathy Curtis be allowed to speak on their behalf.  Chair Bruno stated he would give Ms. Curtis up to ten minutes to address the Council.  She spoke in opposition to the appeal, and said there was evidence to support a conspiracy to conceal the truth on the part of Mr. Wickersham and Mr. McDonald.  She questioned the candor of some of Mr. Wickersham’s statements and the validity of the affidavits he had submitted.  She felt Mr. McDonald’s operation was a threat to Volusia County’s environment and her neighborhood.  She also felt Ms. Robinson’s decision had been based on competent evidence and urged the Council to uphold it.

 

Ms. Robinson gave information from the staff report as to the size and date of the installation of Mr. McDonald’s fuel tank, per an inspection by the Florida Department of Environmental Protection (DEP).  Mr. Wickersham made final comments, stating the tank had been on the property on skids since 1978, as affirmed in the sworn affidavits.

 

Council comments and discussion followed.  In response to a question from Council Member Kelly, Ms. Seaman said today had been the first time she had heard about Mr. Wickersham’s allegation of being denied due process.  Mr. Kelly stated he had seen nothing submitted that proved the tank existed before 1980.  In response to a question from Council Member Persis, Ms. Seaman explained sworn affidavits and depositions were the same thing, sworn testimony, although the Council was not taking part in a formal court proceeding.  Mr. Wagner said he had reservations about some parts of the process, but felt the combination of photographs, emails and the DEP inspection log presented a strong case that the fuel tank had come into being after the passage of the Zoning Ordinance.  He felt the Zoning Enforcement Official had met the standard set for ruling on competent and clear evidence.  Regarding affidavits, Ms. Seaman responded to a question from Council Member Northey by stating the Council was to consider the weight and credibility of all data to determine the presentation of competent, substantial evidence.  Ms. Northey said if she took the emotion out of the case, she found that the Zoning Enforcement Official had made a true finding and she supported that finding.  In response to a question from Chair Bruno, Ms. Robinson read from her rendition letter to explain how she had come to her decision.

 

After additional remarks, Council Member Persis moved to DENY the appeal and AFFIRM the Zoning Official’s determination.  Council Member Northey seconded the motion, which CARRIED 6-0, with Council Member Hayman having been excused from the meeting earlier.

 

3:45 p.m.

Item 42

FY 2009-10 general fund contracts [$75,774.00]

Staff Contact: Edward L. Jasper, 386-943-7039, ext. 3472                                        VC-1247147986038

 

Community Assistance Director Ed Jasper gave the staff report.  Acting Chair Alexander announced the Item could be approved only if the Council adopted the rollback rate during the budget process.  Funds would not be available if the rollback rate was not adopted.  The Council had no questions of Mr. Jasper.

Council Member Wagner moved for APPROVAL as recommended.  Council Member Northey seconded the motion, which CARRIED 4-0, with Council Member Hayman having been excused from the meeting earlier and Chair Bruno and Council Member Kelly at the Chess Park dedication.

 

4:00 p.m.

Item 43

Children and community program funding priority for pilot program

Staff Contact: Edward L. Jasper, 386-943-7039, ext. 3472                                        VC-1243971072702

 

Community Assistance Director Ed Jasper delivered the staff report, along with a PowerPoint overhead slide presentation.  He explained the Item was a product of previous direction from the Council to implement a Request for Proposal (RFP), and staff had thought a pilot RFP program would be a good place to start.  The Children and Families Advisory Board (CFAB) had selected three key areas for consideration: Infant Maternal Health, Homeless Children and Disabled/Elderly Abuse.  The Council was to select one for funding priority for the pilot program.

 

 

Carrie Baird, with the CFAB, explained how the board had selected the three key areas.  She added that no agency was having its funding cut; the pilot program would simply give some extra funding to the area selected by the Council.  Sandra Rakes, with the Great Kids Explorer Club, said she was concerned with the proposal and thought a more narrow approach might be better.

 

After some Council discussion, there was unanimous agreement to select Homeless Children for the pilot RFP program funding priority and approve the staff-recommended funding timeline.

 

REPORTS

May be heard anytime throughout County Council meeting as time permits

 

OTHER BUSINESS - NOMINATIONS/APPOINTMENTS

Item 44

BOARD:                                    VALUE ADJUSTMENT BOARD

INCUMBENT     :                       Vacancy (resignation of Bernadette Britz-Parker, Citizen)

TERM COMMENCED:    April 1, 2009     

LENGTH OF TERM:                   One Year         

Must be an elector of the County as well as own homestead property in Volusia County

[Serving on this board constitutes a County office and is subject to the dual office prohibition]

Nomination Method:       Chair

 

Applications received from:

Michael Abels

Robert Clinton (serves on the Library Board)

Dennis "Scott" Hendricks

 

Staff Contact: Marcy Zimmerman, 386-736-5920, ext. 2398                                      VC-1247845157177

 

At the request of Chair Bruno, Council Member Northey moved to NOMINATE Michael Abels.  Council Member Persis seconded the motion, which was APPROVED 6-0, with Council Member Hayman having been excused from the meeting earlier.

 

Item 45

BOARD:                        VOLUSIA COUNTY HEALTH FACILITIES AUTHORITY

INCUMBENT:                Vacancy (resignation of Suzanne W. Hill)

TERM EXPIRES:           March 31, 2011

LENGTH OF TERM:   Four Years

APPOINTMENT BY RESOLUTION

[Serving on this board constitutes a County office and is subject to the dual office prohibition]

Nomination Method: ENTIRE COUNCIL

 

Applications received from:

Robert Biferie

Belinda McMillan

Staff Contact: Marcy Zimmerman, 386-736-5920, ext. 2398                                      VC-1240254644137

 

Council Member Northey moved to NOMINATE Robert Biferie.  Council Member Persis seconded the motion, which CARRIED 4-0, with Council Member Hayman having been excused from the meeting earlier and Chair Bruno and Council Member Kelly at the Chess Park dedication.  Resolution No. 2009-121, entitled as follows and on file in its entirety with the records of the Volusia County Council, was duly ADOPTED.

 

RESOLUTION NO. 2009-121

 

A RESOLUTION OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, FOR APPOINTMENTS TO THE VOLUSIA COUNTY HEALTH FACILITIES AUTHORITY; PROVIDING AN EFFECTIVE DATE.

 

Item 46

BOARD:                        HUMAN SERVICES ADVISORY BOARD

INCUMBENT:                Vacancy (Patricia Askew)

                                    Vacancy (Richard Pearce)

TERMS EXPIRED:         March 31, 2009

LENGTH OF TERMS:     Two Years

Nomination Method: District 2 & District 5

 

Applications received from:

DISTRICT #2

Marjorie Johnson

Patricia Askew

DISTRICT #5

Julissa Hernandez

John K. Shepherd

Sharon Warriner

 

Staff Contact: Marcy Zimmerman, 386-736-5920, ext. 2398                                     VC-1239645561925

 

Council Member Northey moved to NOMINATE Sharon Warriner.  Council Member Persis seconded the motion, which CARRIED 4-0, with Council Member Hayman having been excused from the meeting earlier and Chair Bruno and Council Member Kelly at the Chess Park dedication.

 

Council Member Wagner moved to CONTINUE his appointment.  Council Member Northey seconded the motion, which CARRIED 4-0, with Council Member Hayman having been excused from the meeting earlier and Chair Bruno and Council Member Kelly at the Chess Park dedication.

 

Item 47

BOARD:                            VOLUSIA COUNTY TOURIST DEVELOPMENT COUNCIL

INCUMBENT:                     Vacancy (resignation of Charles Bray)

TERM EXPIRES:                March 31, 2012

LENGTH OF TERM:           Four Years

Nomination Method: COUNCIL

Category to be  filled:

A person involved in the tourist industry and who has demonstrated an interest in tourist development, who may or may not be an owner or operator of a motel, hotel, recreational vehicle park or other tourist accommodations

 

Applications received from:

Manoj Bhoola, President of Elite Hospitality (serves on the HAAA)

Angela Cameron, Director of Marketing, Hilton  Daytona Beach

Bob Davis, CEO and President of Hotel & Lodging Association of Volusia County

 

Staff Contact: Marcy Zimmerman, 386-736-5920, ext. 2398                                      VC-1249405899255

 

Council Member Northey moved to NOMINATE Angela Cameron.  Council Member Persis seconded the motion which CARRIED 4-0, with Council Member Hayman having been excused from the meeting earlier and Chair Bruno and Council Member Kelly at the Chess Park dedication.

 

PUBLIC PARTICIPATION

 

None.

 

DISCUSSION BY COUNCIL OF MATTERS NOT ON AGENDA AND COMMITTEE REPORTS

 

Council Member Hayman:

 

1.        Spoke about Mr. McMaster’s problem with his aquaculture business, first heard this morning at Public Participation.  Aquaculture pursuits were not treated the same as standard agricultural ones, andHH he wanted to amend the Land Development Code (LDC) to allow aquaculture expansion through excavation as a permitted use that did not need a special exception.  He added the use was permitted by the State Department of Agriculture.  He also proposed that the County give Mr. McMaster some kind of relief from Code Enforcement action and having to file a special exception until staff could review the proposed changes to the LDC.  Discussion followed.  Deputy County Attorney Jamie Seaman said a consensus by Council would be needed to amend the ordinance.  She also noted there was a Stop-Work Order against the firm besides the Code Enforcement violation.  She said the County could hold the Code Enforcement action. However, she said she felt uncomfortable putting a stay on the Stop-Work Order, explaining how that situation could become problematic.  The other option was for the Council to waive Mr. McMaster’s special exception filing fee to allow excavation for the expansion of his aquaculture pursuit.  Council Member Hayman then moved to WAIVE Mr. McMaster’s special exception filing fee, as explained by Ms. Seaman.  Council Member Kelly seconded the motion which CARRIED 5-2, with Council Members Alexander and Northey in opposition.

 

Council Member Wagner:

 

  1. Asked if it would be possible to allow a jet ski zone for towing surfers during the coming weekend.  Discussion followed.
  2. Cautioned there would be many, many people staying late at Ponce Inlet Park during the coming weekend. 
  3. Spoke about domestic partnership registries.  Discussion followed and there was a consensus to allow him to work with the Legal Department to investigate the possibility of establishing a similar registry in Volusia County.
  4. Recommended everyone look at the “Free Things to Do in West Volusia” link on the West Volusia Tourism Advertising Authority’s web site.  He also suggested the other advertising authorities be told about the link, as he did not think their web sites had one like it.

 


Council Member Kelly:

 

1.        Said the Board of Directors of the Water Authority of Volusia (WAV) had voted to disband the organization and it was necessary for the County to serve WAV with notice it was terminating its membership.  Deputy County Manager Mary Anne said staff needed direction from the Council to prepare such a letter.  Council Member Northey moved to DIRECT staff to send a letter stating the County sanctioned the dissolution of WAV.  Council Member Wagner seconded the motion, which CARRIED 6-0, with Council Member Hayman having been excused from the meeting earlier.

2.        Said he wanted to see the PLDRC minutes included on all zoning cases that came before the Council.

3.        Spoke about the opening of Chess Park earlier in the day.

 

Council Member Alexander:

 

1.        Asked if the Human Resources Director could make a presentation to the Council on various personnel policies.  County Manager Jim Dinneen said he could arrange the matter and would see if it could be made into a mini budget presentation in November or December.

2.        Said she felt a process needed to be established for presentations by attorneys.  Chair Bruno felt it might be difficult to set one, as each case was different.  However, he said he would work on the issue.

3.        Said the Employee Recognition Banquet held by the Beach Safety Division had been excellent.

4.        Said the dedication of the Vince Carter Sanctuary in Flagler County also had been quite excellent.

 

Council Member Persis:

 

1.        Spoke about an email he had received asking for the Council’s support of the efforts of Congressman John Mica and Senator Bill Nelson to assist in funding the Vince Carter Sanctuary.  Chair Bruno said he would send a letter of support.

 

Council Member Northey:

 

1.          Said she was concerned that Florida Power and Light (FPL) wanted to put a gas transmission line 1/3 of a mile wide on each side through the middle of the County, which was protected, environmentally-sensitive, public conservation land.  She wanted an update on what the County was doing about the situation and also wanted to have a public hearing.  Deputy County Attorney Jamie Seaman said staff was looking into the matter, and explained more about the state of affairs and the Council’s options.  Further discussion followed and Chair Bruno said he would have the Item put on the agenda for a presentation by FPL. 

 

Chair Bruno:

 

1.          Reminded everyone the next two meetings were budget hearings.  Discussion followed.

2.          Spoke about a request for a West Point specialty license plate.  Some discussion followed.

3.          Reminded everyone who was eligible to renew their license plates before September 1st, when the new, higher rates went into effect.

 

DISCUSSION BY STAFF OF MATTERS NOT ON AGENDA

 

County Manager Dinneen:

 

  1. Spoke about comments in a letter he had received from the Director of the Department of Corrections. 
  2. Said the Council might want to look into a policy in the future regarding Mr. Wagner’s jet ski zone request.
  3. Said he and staff members would be glad to work with Mr. Wagner on the Wilbur-by-the-Sea off-beach parking lot project.
  4. Spoke about the presentations at the upcoming budget hearings and information he would have staff make available.
  5. Spoke about a potential surcharge for non-criminal traffic offenses of an additional $15.00 each, which could bring in $1 million to support the tax base.
  6. Said he would be meeting with the Council to discuss the concept of the E-zone around the Ocean Center.
  7. Spoke about the County adopting a resolution opposing a rate increase by Florida Power and Light (FPL).  County Attorney Dan Eckert distributed a sample resolution drafted by staff.  Discussion followed.

 

Deputy County Manager Mary Anne Connors:

 

  1. Said Transportation Investment Generating Economic Recovery (TIGER) Grants were becoming available and staff needed the Council’s authorization to submit a grant application to proceed with the replacement of the Orange Avenue Bridge and to endorse an MPO grant application for construction on S.R. 415.  She also distributed a memo on the issue from County Engineer Jerry Brinton.  Council Member Northey moved to AUTHORIZE County staff to submit the grant application for the Orange Avenue Bridge project and endorse the MPO’s application for the S.R. 415 construction.  Council Member Alexander seconded the motion which CARRIED 6-0, with Council Member Hayman having been excused from the meeting earlier.

 


County Attorney Dan Eckert:

 

  1. Spoke further about the surcharge for non-criminal traffic offenses.  It would have to be imposed by ordinance and he asked for authorization to bring it to the Council.  Discussion followed and there was a consensus for him to bring it forward in October or November.

 

ADJOURNMENT

 

There being no further business, the meeting adjourned at 9:55 p.m.

 

 

APPROVED

COUNTY COUNCIL

VOLUSIA COUNTY, FLORIDA