· Ms. Sue Burns said she is opposed to the City of Port Orange placing sewer lines in Wilbur by the Sea and asked to be placed on the County Council agenda. She said she understands the County has no rights with regard to annexation and that the City is claiming they would not force annexation. She said the City of South Daytona has proposed annexation. Wilbur by the Sea is a unique community and does not want to be annexed into either city.

Ms. Melanie Eddington said she is a member of the South Peninsula Municipal Service District Advisory Board and at its last meeting, there was a unanimous vote against allowing the City of Port Orange to install sewers lines in Wilbur by the Sea and Daytona Beach Shores. She asked the Council place this issue on its agenda as soon as possible.

Ms. Margaret Smith said she lives in Wilbur by the Sea and does not want a sewer system installed, she is happy with the current septic systems.

Staff advised the City of Daytona Beach Shores submitted right of way use permit and Growth Management staff as well as Public Works staff is reviewing it. However, the City of Port Orange has submitted plans.

Council Member Ward said the City of Port Orange has never involuntarily annexed people into the City. He explained the legislation passed last year cleared up pockets and enclaves that were in County limits but surrounded by the City.

Council Member John requested an informative agenda item regarding this issue.

Council Member Bruno said the City of Daytona Beach Shores has made a commitment to residents that are interested in sewer lines and he does not believe the County has the right to stop this development.

· Mr. Robert Monyak provided a video regarding fugitive dust and other code violations at Salem Trucking.

Ms. Cynthia Bonilla said the glue substance Salem Trucking has been applying is not working and fugitive dust is still a problem.

Ms. Coto said code enforcement staff did not find any code violations. Staff has gone to the site to recheck and will advise Council of the results.

CALL TO ORDER

Chair Ann McFall called the September 5, 2002, Regular Session of the Volusia County Council to order at 9:00 a.m. in the County Council Chambers, Thomas C. Kelly Administration Center, 123 West Indiana Avenue, DeLand, Volusia County, Florida

ROLL CALL

Council Members Ward, John, Bruno, Jaynes, Lewis, Northey, and Chair McFall were present.

INVOCATION AND PLEDGE OF ALLEGIANCE

By Pastor Vince Cuda, My Refuge Christian Center

FLOOD REPORT

Staff Contact: Jonas Stewart, 239-6516

Ms. Mary Anne Connors, Director of the Public Works Department, said Tropical Storm Eduardo did not impact Volusia County as expected.

Covington Estates is a development in the flood plain and the flood plain is taking its natural course, impacting this subdivision. The lake is filling in around these homes. The pump system is being overwhelmed. Staff is working to maintain the road system. The long-term residents have seen this trend in the past.

In Deltona the weir system has been used and Lake Mitnik and Lake Diane are full. There is water between some of the homes on Stone Island. The trend is downward but these areas cannot handle any more rain. The City of Deltona has begun pumping into Section 16 to alleviate the flooding issue on Beachdale Road.

Ms. Coto said she expects a signed agreement from the City of Deltona today regarding the pumping into Section 16.

Discussion ensued.

MOSQUITO REPORT

Staff Contact: Jonas Stewart, 239-6516

Mr. Jonas Stewart, Director of the Mosquito Control Division, said there have been 670 human cases of West Nile virus to date nationwide, including 32 deaths this year. The majority of cases occurred in August and more are expected in September. A donor recipient in Miami-Dade contracted West Nile. Blood transfusions could also transmit the virus. The State is cautioning hunters to protect themselves against possible contaminated blood.

Eleven of Florida’s counties are under medical alert for the West Nile virus. Florida has only two human cases with a median age of 51 years old. Birds and horses are being infected with the West Nile virus; there have been 17 cases in Volusia County. Staff has been finding more mosquitoes are carrying the virus. The number of mosquitoes in Deltona has increased but the mosquitoes are not necessarily carrying the virus. Staff has been and will continue to spray throughout the County. Staff is receiving service requests from all over the County. Surrounding counties in Central Florida report the same conditions as Volusia County. Staff has applied for a grant through the Center for Disease Control (CDC) in the amount of $30,000, which would help offset surveillance costs.

APPROVAL OF MINUTES OF COUNTY COUNCIL

Item 1

Request for approval of County Council minutes.

April 18, 2002 – Regular Session

May 30, 2002 – Workshop with the City of Daytona Beach

Staff Contact: Diane Marinaro Tyler, Extension 2398 Memorandum No. CM-DMT-2002-11

Council Member Ward moved for APPROVAL of the County Council minutes as written and after Council Member Jaynes seconded the motion the minutes were duly ADOPTED.

PUBLIC HEARINGS AND TIME CERTAIN MATTERS

Item 2

Public hearing and request to adopt Resolution No. 2002-143 abandoning/vacating a portion of a drainage and utility easement in the Coquina Key Unit 1 Subdivision. [Kelly Hensgen and Kim Titone, Petitioners]

Staff Contact: William G. Gray, 736-5967, Extension 2294 File No. VC-1028574953078

This being the date for public hearing and there being no objection, Council Member Jaynes moved to ADOPT Resolution No. 2002-143 abandoning/vacating the following described portion of property (Kelly Hensgen and Kim Titone, Petitioners), said motion seconded by Council Member Northey and duly ADOPTED 7 to 0.

RESOLUTION NO. 2002-143

A PORTION OF A DRAINAGE AND UTILITY EASEMENT OVER LOTS 5 AND 6, COQUINA KEY, UNIT 1, ACCORDING TO THE PLAT THEREOF RECORDED IN MAP BOOK 47, PAGES 83 THROUGH 85 INCLUSIVE OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, BEING 5.00 FEET EACH SIDE OF THE COMMON LINE BETWEEN SAID LOTS 5 AND 6 LESS AND EXCEPT ANY PORTION OF SAID EASEMENT WHICH LIES WITHIN 10.00 FEET OF THE WESTERLY LINE OF SAID LOTS 5 AND 6 AND LESS AND EXCEPT ANY PORTION OF SAID EASEMENT WHICH LIES WITHIN 20.00 FEET OF THE EASTERLY LINE OF SAID LOTS 5 AND 6.

Item 3

Request for approval for support of the “Birthplace of Speed” Centennial Celebration on March 27 and 28, 2003, through closure of the beach to vehicular access from the Seminole Avenue Approach to 1,000 yards south of the Granada Approach on both days. Request for approval of co-sponsorship of the event by waiving event fees not including personnel costs. [$1,335.00]

Staff Contact: Kevin Sweat, Extension 6280, 31 File No. VC-1029871774656

Mr. Kevin Sweat, Beach Operations Chief, said the proposed event would start 1,000 feet south of the Granada Boulevard beach approach, rather than 1,000 yards as stated in the agenda item, and continue south to the Seminole Avenue beach approach. The Seminole Avenue beach approach could remain open for southbound traffic. Staff does not have a recommendation regarding this request.

Council Member Northey asked what kind of return the County would receive for its sponsorship.

Ms. Suzanne Heddy, Cultural Council, said there would be banners listing the County as a sponsor and the program would acknowledge the County as a sponsor.

Chair McFall asked if the Motor Racing Heritage Association is requesting a waiver of the $35 processing fee as well as the $1,300 event fee.

Mr. Sweat said the Motor Racing Heritage Association is requesting a waiver of the $35 processing fee, the $1,300 event fee and waiver of beach tolls for the 75 cars that are related to the event. Spectator tolls might increase the tolls usually collected.

Council Member Lewis said the “Birthplace of Speed” sounds like a great event and the County should support it.

Mr. Don Bostrom, Ormond Beach Historical Trust, spoke in favor of the event.

Council Member Jaynes moved for APPROVAL as requested and after Council Member Northey seconded the motion it CARRIED 7 to 0.

Item 4

Request for adoption of Ordinance No. 2002-16, relating to licensing of dogs and cats by providing for the county-wide payment of licensing fees and limitations on the use of licensing fees.

Staff Contact: L. Roland Blossom, 736-5920, Extension 2952 LEG-2002-014

Mr. Terry Moore, Director of Public Protection, provided a staff-report and said the program is well founded.

Mr. Rolland Blossom, Assistant County Attorney, said based on staff’s projections it would take participation from 90 percent of the cities to make this program work. If the cities do not adopt the program, this ordinance will not take effect as written and the ordinance will only take effect when 90 percent of Volusia County’s cities have agreed to the ordinance.

Ms. Judith Milcarski, Veterinarian; Mr. Jeff Cooper, Veterinarian; Mr. Justin Rogers; and Ms. Sandra Maroney; spoke in opposition to the ordinance.

Ms. Kathleen Bartos, Veterinarian; Ms. Judy Molinaro, Concerned Citizens for Animal Welfare; Ms. Pat Mihalic, Concerned Citizens for Animal Welfare; Ms. Anita Schwartz, Spay And Neuter Innocent Pets; Ms. Joyce Silvernail; Ms. Cheryl Robel and Ms. Diane Voight, Concerned Citizens For Animal Welfare spoke in favor of the proposed ordinance.

Ms. Salli W. Moore, Chair of the Volusia County Animal Control Board, provided a history of the program. Veterinarians are business people and provide a valuable service. The rebate program helps veterinarians because it provides funding for people who might not otherwise be able to afford spay and neutering services. Veterinarians do not have to participate in the program. Providing a low-cost spay clinic, would remove business from veterinarians in the County but the rebate program assures the spay/neuter business will remain with veterinarians. Ms. Moore said she supports the proposed ordinance.

Discussion ensued, as well a question and answer session.

This being the date for public hearing, and based on staff's recommendation, Council Member Northey moved to ADOPT Ordinance No. 2002-16, as presented, entitled as follows and on file in its entirety with the records of the County Council, said motion seconded by Council Member Jaynes and duly ADOPTED 6 to 1, with Council Member Lewis dissenting.

ORDINANCE NO. 2002-16

AN ORDINANCE OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE COUNTY OF VOLUSIA, BY AMENDING SECTION 14-34, RELATING TO JURISDICTION AND ENFORCEMENT AUTHORIZATION, BY PROVIDING FOR COUNTY-WIDE APPLICABILITY, BY PROVIDING FOR COUNTY-WIDE ENFORCEMENT; AND AMENDING SECTION 14-43, RELATING TO LICENSING OF DOGS AND CATS, BY PROVIDING FOR THE COUNTY-WIDE PAYMENT OF LICENSE FEES FOR DOGS AND CATS, BY PROVIDING FOR THE ANNUAL RENEWAL OF LICENSES, BY PROVIDING FOR THE ISSUANCE OF A COUNTY-WIDE LICENSE, BY PROVIDING FOR LIMITATIONS ON THE USE OF THE LICENSE FEES AND THE SOURCE OF REBATE FUNDS, BY PROVIDING FOR THE EXEMPTION OF COMPETITION ANIMALS FROM LICENSING, BY PROVIDING FOR CONFLICTS WITH MUNICIPAL ORDINANCES, BY PROVIDING FOR THE ESTABLISHMENT OF ENFORCEMENT PROCEDURES, BY PROVIDING FOR LIMITATIONS ON THE USE OF INFORMATION AND THE INTENDED EFFECT, AND BY PROVIDING FOR AN EFFECTIVE DATE.

Item 5

Request that award be made to the lowest responsive, responsible bidder, Anderson Rentals, Mims, Florida, for a three-year period with two additional one-year extension options with Council approval to provide portable toilet rentals and maintenance services, Bid No. 02-B-115-DW. Request for selection of one of the following options:

· Option 1 requires cleaning to be completed by 12:00 noon with a second cleaning to be completed between the hours of 2:00 p.m. and 4:00 p.m. at certain locations. [$216,279.00 Annually]

· Option 2 requires cleaning to be completed once per day (as currently provided) and completed by 2:30 p.m. [$159,854.00 Annually]

Staff Contact: Tim Baylie, 736-5953, Extension 2636 VC-1029931361281

Mr. Bill Apgar, Director of the Leisure Services Division, provided a staff-report.

Discussion ensued.

Council Member John discussed the need for more handicapped accessible port-o-lets.

Council Member Bruno requested two additional handicapped accessible facilities to be strategically placed for optimum availability as well as additional port-o-lets for special events and holidays.

Mr. Apgar explained the need for handicapped parking, a flat area and accessibility to make handicapped accessible facilities reachable.

Council Member Bruno asked if Option 2 could be modified to allow for additional port-o-lets for special events and holidays as needed.

Ms. Cheryl Olson, Director of the Purchasing Division, said the modification could be made in accordance with the bid.

Ms. Coto explained the cost of either option is more than the amount that was budgeted and staff would have to adjust the budget to accommodate either option.

Discussion ensued.

Council Member Bruno moved for APPROVAL of Option 2, with staff discretion for additional port-o-lets for special events and holidays as needed. After Council Member Jaynes seconded the motion it CARRIED 7 to 0.

Item 6

Request that award be made to the lowest responsive, responsible bidder, Anderson Company, DeLand, Florida, for a three-year period with two additional one-year extension options with Council approval to provide beach access maintenance and ramp grading and cleaning services, Bid No. 02-B-114-DW. Request for selection of one of the following options:

· Option 1 requires service to be completed by noon. [$486,069.38 Annually]

· Option 2 requires service to be completed by 2:00 p.m. and 4:00 p.m. (which is most like the current contract. [$384,039.38]

Staff Contact: Tim Baylie, 736-5953, Extension 2636 VC-1029963350625

Mr. Bill Apgar, Director of the Leisure Services Division, provided a staff-report.

Council Member John moved for APPROVAL of Option 2. After Council Member Bruno seconded the motion it CARRIED 7 to 0.

Item 7

Z-02-078 - Application of Robert Merrell, Attorney, J. Doyle Tumbleson for National Gardens Trust, Owner, requesting a Rezoning from the B-3 (Shopping Center) and B‑4 (General Commercial) zoning classifications to all B-4 (General Commercial) zoning classification. The property is located on the east side of U.S. Highway 1, approximately 390 ft. south from its intersection with Gower Street, north of the City of Ormond Beach; ± 8.85 acres

PLDRC Recommendation: APPROVAL NO OPPOSITION at PLDRC

Staff Recommendation: APPROVAL

Staff Contact: Mary Robinson, Extension 2013 VC-1029439647046

Ms. Mary Robinson, Director of the Building and Zoning Division, provided a staff-report.

Mr. Robert Merrell, Attorney for the Applicant/Owner, provided a brief report

Pursuant to discussion and there being no objection, Council Member Lewis moved to ADOPT Resolution No. 2002-144, on file in its entirety with the records of the County Council, UPHOLDING the recommendation of the Planning and Land Development Regulation Commission and Zoning staff to APPROVE Zoning Case Z-02-078, said motion seconded by Council Member Ward and duly ADOPTED 7 to 0.

Item 8

S-02-092 - Application of Robert Merrell, Attorney, J. Doyle Tumbleson for National Gardens Trust, Owner, requesting a Special Exception for mini-warehouses (subject to approval of case Z-02-078) on B-4 (General Commercial) zoned property. The property is located on the east side of U.S. Highway 1, approximately 390 ft. south from its intersection with Gower Street, north of the City of Ormond Beach; ± 8.85 acres

PLDRC Recommendation: APPROVAL NO OPPOSITION at PLDRC

Staff Recommendation: APPROVAL

Staff Contact: Mary Robinson, Extension 2013 VC-1029439647046

Ms. Mary Robinson, Director of the Building and Zoning Division, provided a staff-report.

Mr. Robert Merrell, Attorney for the Applicant/Owner, provided a handout, a copy of which is included in the County Council records in its entirety.

Council Member Northey asked if there are any outstanding issues.

Ms. Robinson explained the project is a conceptual plan at this time and staff would receive final site plan at a later date.

Mr. Merrell said Mr. Scott Vandercore is the new owner of this property. The request for a Special Exception is consistent with the Volusia County Comprehensive Plan and would be a much less intense use than is currently permitted at the site. He said the proposed mini-warehouse use would be a low traffic generator.

Pursuant to discussion and there being no objection, Council Member Jaynes moved to UPHOLD the recommendation of the Planning and Land Development Regulation Commission and Zoning staff to APPROVE Special Exception Case S-02-092. After Council Member Bruno seconded the motion it was duly ADOPTED 7 to 0.

Item 9

Public hearing and request for approval of settlement of Dunamis Community and Outreach Ministries, Inc., v. County of Volusia, U.S. District Court, Middle District of Florida, Case No. 6:01-CV-643-ORL-28-DAB granting a Special Exception for a House of Worship on A-3 (Transitional Agriculture) zoned property. The property is located on the north side of Cassadaga Road between Matanzas Street and San Diego Street in the community of Cassadaga, south of the City of Lake Helen; ± 2.2 acres [$38,000.00]

Staff Contact: Matthew Guy Minter, Extension 5950 LEG-2002-013

Mr. Guy Minter, Deputy County Attorney, said the issue before Council today is a combined public hearing for a settlement agreement and a Special Exception. The hearing was properly noticed. Mr. Minter provided a staff-report explaining there is currently a case on the trial docket in Federal court regarding the denial of this Special Exception. The case will move forward if the Special Exception is not approved. Negotiations have resulted in three additional conditions, which would address the concerns of the neighbors. If the case does move forward in Federal court, the three additional conditions would not be included.

Mr. Erik Stanley, Attorney for Dunamis Community and Outreach Ministries, Inc., asked Council to approve the settlement and approve the Special Exception with the additional conditions.

Reverend John A. Ferro said the members of Dunamis Community and Outreach Ministries, Inc., believe they will be good neighbors to the surrounding area and shall submit to the authority of local government.

Ms. Susan Resnick, Corporate Secretary of the Spiritualist Community, read a letter into the record requesting that Council approve the Special Exception including the three additional conditions. Mr. Nick Sourrant agreed.

Mr. Robert Feasel and Reverend Michael Modica, First Assembly of God Church, also spoke in favor of granting the Special Exception.

Reverend Carl J. Rogers; Reverend Peter C. Triolo, Jr., Morning Star Chapel of DeLand; Pastor Tommy J. Dove, White Chapel Church of God; and Pastor Bobby Smith, south Daytona Christian Church filled out public participation forms expressing their support for granting the Special Exception but they did not wish to speak.

Council Member Jaynes moved for APPROVAL and Council Member Bruno seconded the motion.

Council Member Northey said this is a zoning issue along a scenic route and she takes issue with the applicant involving State and Federal government.

Council Member Ward said this was not and is not a religious issue and it is unfortunate the applicant chose to make it a religious issue. However, it is in the best interest of taxpayers for Council to approve the Special Exception request.

The motion CARRIED 7 to 0.

Recess Volusia County Council and convene as the Ponce DeLeon Port Authority

Item PA1

Request for authorization to use Port Authority funds to convert existing overhead utilities at Smyrna Dunes Park to underground utilities. [$9,312.73]

Staff Contact: Bill Apgar, 735-5953, Extension 5953 VC-1028663148593

Mr. Joe Nolin, Special Projects Coordinator for the Port Authority Division, provided a staff-report.

Council Member Ward moved for APPROVAL as recommended and after Council Member Jaynes seconded the motion it CARRIED 7 to 0.

Adjourn as the Ponce DeLeon Port Authority and reconvene as the Volusia County Council

® ® ® BEGIN CONSENT AGENDA ¬ ¬ ¬

Council Member Jaynes moved to APPROVE the CONSENT AGENDA and all actions recommended therein, as amended to remove Items 10, 13, 14, 15, 21, 27, 33, 34 and 35, for discussion, said motion seconded by Council Member Lewis and duly ADOPTED 7 to 0.

COMMUNITY SERVICES

Community Assistance

Item 10 – Removed by Council Member John

Request for approval of the submittal of the Targeted Expansion Capacity Grant on behalf of ACT Corporation, Inc. Request for authorization for the Chair to sign the grant application. Request for authorization for the County Manager to execute a sub recipient agreement with ACT Corporation, Inc. Request for authorization for the Community Services Director to make technical modifications. [+$1,167,084.00 – No County Match Required]

Staff Contact: John Angiulli, 943-7029, Extension 2957 VC-1029858579734

Mr. John Angiulli, Planning and Monitoring Manager, provided an overview of the program.

Council Member John moved for APPROVAL as recommended and after Council Member Bruno seconded the motion it CARRIED 7 to 0.

Library Services

Item 11

Request for approval to purchase computer network equipment to keep up with changing technology and comply with the State-certified information technology plan and provide faster internet connections for library computer users under State Contract No. 250‑040‑01‑1. [$71,818.00]

Staff Contact: Mike Knievel, 248-1745, Extension 1212 VC-1029527598015

Item 12

Request for approval of the application for State Aid to Libraries, a State grant authorized by Florida Statute to assist qualified counties in providing library service. Request for the Chair and Chief Financial Officer to sign the application. [+$712,851.00]

Staff Contact: Mike Knievel, 248-1745, Extension 1212 VC-1028121455843

FINANCIAL AND ADMINISTRATIVE SERVICES

Chief Financial Officer

Item 13 – Removed by Council Member John and Chair McFall

Request for adoption of Resolution No. 2002-147, authorizing the issuance of up to $25,000,000 in Tourist Development Tax Refunding Revenue Bonds, Series 2002. Request for approval of all related financing documents. Request for authorization of the sale of said bonds. [$25,000,000.00]

Staff Contact: Rhonda Orr, 943-7054, Extension 2961 VC-1028032934937

Council Member John said he would not like to increase the amount of money the County pays to financial advisors or the cost of the bond issue.

Mr. David Moore, Public Financial, said the cost of two financings rather than one would be a difference of $50,000. Also, if interest rates increase, the County could lose money on the financing.

Pursuant to discussion and there being no objection, Council Member John moved to ADOPT Resolution No. 2003-147, entitled as follows and on file in its entirety with the records of the County Council, said motion seconded by Council Member Lewis and duly ADOPTED 7 to 0.

RESOLUTION NO. 2003-147

A RESOLUTION OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, AMENDING AND SUPPLEMENTING RESOLUTION NO. 93-60, RELATING TO THE ISSUANCE BY THE COUNTY OF ITS TOURIST DEVELOPMENT TAX REVENUE BONDS; AUTHORIZING THE ISSUANCE BY THE COUNTY OF NOT EXCEEDING $25,000,000 PRINCIPAL AMOUNT OF TOURIST DEVELOPMENT TAX REFUNDING REVENUE BONDS, SERIES 2002 AS ADDITIONAL BONDS IN ORDER TO REFUND CERTAIN OUTSTANDING TOURIST DEVELOPMENT TAX REFUNDING REVENUE BONDS, SERIES 1993; PROVIDING CERTAIN TERMS AND DETAILS OF SAID BONDS, INCLUDING AUTHORIZING A COMPETITIVE SALE OF SAID BONDS, AUTHORIZING THE PURCHASE OF MUNICIPAL BOND INSURANCE AND THE EXECUTION OF A COMMITMENT THEREWITH, AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT AND APPOINTING AN ESCROW AGENT; APPOINTING THE PAYING AGENT AND REGISTRAR FOR SAID BONDS; AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND THE EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT WITH RESPECT THERETO; AUTHORIZING A C0NTINUING DISCLOSURE CERTIFICATE; AND PROVIDING AN EFFECTIVE DATE.

Purchasing

Item 14 – Removed by Council Member John and Chair McFall

Request that award be made to the lowest responsive, responsible bidder Robert S. Bailey Construction, Ormond Beach, Florida, for the rehabilitation of the Nicole Stratton residence in New Smyrna Beach, Florida, Bid No. 02-B-147-TK. [$57,403.00]

Staff Contact: James Whittaker, 736-5955, Extension 2566 PR-M-02-271

Council Member John said he would not vote in favor of this item.

Ms. Nicole Stratton and Mr. Willey Stratton said the house is in very bad condition and they could not keep up with the repairs.

Council Member Bruno moved for APPROVAL as recommended and after Council Member Jaynes seconded the motion it CARRIED 5 to 2 with Council Member John and Chair McFall dissenting.

Item 15 – Removed by Council Member Bruno

Request that award be made to the lowest responsive, responsible bidders for a three-year period with two additional one-year extension options with Council approval to provide towing services for County vehicles, Bid No. 02-B-108-JS. [$30,000.00]

C an S Towing Services, Orange City, Florida

Dixon’s Auto Service, DeLand, Florida

Edgewater Garage, Inc., Edgewater, Florida

Fryer’s Towing Service, Daytona Beach, Florida

Staff Contact: Dave Crocker, 254-1595, Extension 1850 VC-1028137367671

Council Member Bruno asked if all the vehicles are insured and if the County has a record of the insurance for each of the vehicles.

Ms. Cheryl Olson, Director of the Purchasing Division, said staff has checked and all the vehicles are insured.

Council Member John moved for APPROVAL as recommended and after Council Member Lewis seconded the motion it CARRIED 6 to 1, with Council Member Bruno dissenting.

Item 16

Request that award be made to the lowest responsive, responsible bidder, Direct Response Marketing of Orlando, Inc., Winter Park, Florida, for a three-year period with two additional one-year extension options with Council approval to provide graphic arts, printing and mail house services for Revenue Division forms and mailers, Bid No. 02-P-144-DW. [$45,656.65]

Staff Contact: Barney Kane, 822-5738, Extension 2329 VC-1027950207734

Item 17

Request that award be made to the lowest responsive, responsible bidder, Blue Forest Water, DeLeon Springs, Florida, for a three-year period with two additional one-year extension options with Council approval to provide bottled water services and supplies, Bid No. 02-B-139-DW. [Approximately $40,000.00]

Staff Contact: Donna Wagner, 943-7009, Extension 7009 VC-1027707758265

Item 18

Request for approval for staff to negotiate basic three-year contracts with three firms as recommended by the selection committee to provide architectural and engineering services for roofing projects.

A/R/C Associates, Inc., Orlando, Florida

D.B. Young and Associates, Inc., Longwood, Florida

Rispoli-Sosa Architecture, Inc., Ocala, Florida

Staff Contact: Fred Schwenck, 248-1760, Extension 1264 VC-1029872367109

Item 19

Request that award be made to the lowest responsive, responsible bidder, NU-WAY Signs, Inc., Skokie, Illinois, to provide a replacement of the marquee display at the Volusia County Ocean Center, Daytona Beach, Florida, Bid No. 02-ITB-124-TK. [$67,770.00]

Staff Contact: Bob Mills, 254-4500 PR-M-02-272

Item 20

Request for approval for staff to negotiate basic three-year contracts with the listed firms as recommended by the selection committee to provide planning consultant services, Request for Statement (RSQ) No. 02-SQ-145.

PBS and J, Orlando, Florida

Glatting Jackson, Orlando, Florida

GAI Consultants-Southeast, Inc., Orlando, Florida

Ivey, Harris and Walls, Winter Park, Florida

Land Design Innovations, Orlando, Florida

TEI Engineers and Planners, Lake Mary, Florida

Staff Contact: Ben Dyer, 736-5959, Extension 2011 VC-1029775087281

Item 21 – Removed by Council Members Northey and John

Request that award be made to the lowest responsive, responsible bidder, APM Construction, Daytona Beach, Florida, for alterations and additions to the South Beach Fire Station No. 21, New Smyrna Beach, Florida. [$229,850.00]

Staff Contact: Chief Gaines, 736-5940, Extension 5635 VC-1030025245656

Council Member Northey said the County has never done business with firm before and their bid is much lower than the other bids.

Chief James G. Tauber, Director of Fire Services, explained APM Construction has done work in Daytona Beach. The project is a small addition, about 1,000 square feet, to an existing building.

Council Member John asked when was this station was built.

Chief Tauber said the station was constructed in 1986 as a volunteer station. It does not include sleeping quarters or showers.

Discussion ensued

Council Member Ward moved for APPROVAL as recommended and after Council Member Jaynes seconded the motion it CARRIED 7 to 0.

Item 22

Request that award be made to the lowest responsive, responsible bidder, Traffic Control Devices, Inc., Altamonte Springs, Florida, for signalization at Doyle Road and Courtland Boulevard, Deltona, Florida, Bid No. 02-B-131-TK, Contract No. 1032. [$79,050.00 Local Agency Program Funds (LAP)]

Staff Contacts: Jon Cheney, 736-5968, Extension 2709 VC-10228642873671

James PeKala, 376-5968, Extension 2835

GROWTH AND RESOURCE MANAGEMENT

Environmental Management

Item 23

Request for approval of the proposed Change Order No. 1 to Task Assignment No. 1 with Ivey, Harris and Walls, Inc., for additional environmental, archeological and protected species services necessary to assist the County in obtaining a county-wide scrub jay habitat conservation plan from U.S. Fish and Wildlife Service. [$24,000.00]

Staff Contact: Steve Kintner, 736-5927, Extension 5851 VC-1029856581390

LEADERSHIP

Airport

Item 24

Request for approval of the lease amendment between the County of Volusia and Embry-Riddle Aeronautical University for an aircraft-parking apron at the Daytona Beach International Airport. [$75,585.58]

Staff Contacts: Dennis McGee, 248-8030, Extension 8320 AP-02-043

Frank B. Gummey, III, 736-5950, Extension 2945

Item 25

Request for authorization to enter into Joint Participation Agreement 409451 1 94 01 with the Florida Department of Transportation, accepting a multi-year federal grant to be used toward the repayment of the terminal bonds for the Daytona Beach International Airport. Request for adoption of Resolution No. 2002-145. [$485,416.00 – Federal Grant 90 percent; Florida Department of Transportation 5 percent; Airport funds 5 percent]

Staff Contact: Jack Abbott, 248-8057, Extension 8341 AP-JPA-409451

RESOLUTION NO. 2002-145

A RESOLUTION OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, AUTHORIZING THE ENTERING INTO JOINT PARTICIPATION AGREEMENT FINANCIAL PROJECT NO. 409451 1 94 02 WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION WHICH PROVIDES FOR PARTICIPATION FOR A CERTAIN PROGRAM AT VOLUSIA COUNTY, FLORIDA, AS FOLLOWS: TO PROVIDE PAYMENT ON BONDS AT DAYTONA BEACH INTERNATIONAL AIRPORT AND PROVIDING AN EFFECTIVE DATE.

Sheriff’s Office

Item 26

Request for approval of the Sub grant Agreement For Equipment For Florida Strategy with the State of Florida, Department of Community Affairs, and accept $12,349 in bio-hazardous/chemical weapon personal protective equipment. Request for authorization for the Sheriff to be signator on any future Sub grant Agreements relating to the State and Local Domestic Preparedness Equipment Program Florida Strategy. [$12,439.00]

Staff Contact: Laura Bounds, 736-5961, Extension 2108 091-AG-02-20

Item 27 – Removed by Council Member Northey

Request for approval of the Fiscal Year 2002-2003 contract renewal for law enforcement dispatch services for the City of Lake Helen as set forth. [$12,405.00]

Staff Contact: Laura Bounds, 736-5961, Extension 2108 SO-AG-02-21

Council Member Northey asked if the County would be charging Lake Helen the same rate it charged last year.

Ms. Laura Bounds, Administrative Services Manager for the Volusia County Sheriff’s Office, explained the County has contracted with the City of Lake Helen for nine years but this contract represents a five percent increase based upon the number of calls received.

Council Member Northey moved for APPROVAL as recommended and after Council Member Jaynes seconded the motion it CARRIED 7 to 0.

PUBLIC PROTECTION

Emergency Medical Services

Item 28

Request to set a public hearing date for consideration of the City of Daytona Beach Fire Department application for renewal of a Certificate of Public Convenience and Necessity (COPCN) for advanced life support, non-transport emergency medical services.

Suggested Date and Time: October 3, 2002 @ 9:25 a.m.

Staff Contact: Matt Zavadsky, 740-5201, Extension 2906 VC-1029853948593

Item 29

Request to set a public hearing date for consideration of the City of Daytona Beach Shores, Department of Public Safety, application for renewal of a Certificate of Public Convenience and Necessity (COPCN) for advanced life support, non-transport emergency medical services.

Suggested Date and Time: October 3, 2002 @ 9:27 a.m.

Staff Contact: Matt Zavadsky, 740-5201, Extension 2906 VC-102985468031

Item 30

Request to set a public hearing date for consideration of EVAC, application for renewal of a Certificate of Public Convenience and Necessity (COPCN) for advanced life support, ~~non-~~transport emergency medical services.

Suggested Date and Time: October 3, 2002 @ 9:29 a.m.

Staff Contact: Matt Zavadsky, 740-5201, Extension 2906 VC-1029854892468

Mr. Matt Greeson, Assistant to the County Manager, suggested the motion be amended to include transport.

Council Member John moved for APPROVAL as amended and after Council Member Bruno seconded the motion it CARRIED 7 to 0.

Item 31

Request to set a public hearing date for consideration of the City of Port Orange, Department of Fire-Rescue, application for renewal of a Certificate of Public Convenience and Necessity (COPCN) for advanced life support, non-transport emergency medical services.

Suggested Date and Time: October 3, 2002 @ 9:31 a.m.

Staff Contact: Matt Zavadsky, 740-5201, Extension 2906 VC-1029855042078

Item 32

Request to set a public hearing date for consideration of the City of South Daytona, Department of Fire-Rescue, application for renewal of a Certificate of Public Convenience and Necessity (COPCN) for advanced life support, non-transport emergency medical services.

Suggested Date and Time: October 3, 2002 @ 9:33 a.m.

Staff Contact: Matt Zavadsky, 740-5201, Extension 2906 VC-1029855197625

PUBLIC WORKS

Engineering

Item 33 – Removed by Council Member Northey

Request for approval of the Joint Project Agreement between the County and the City of Holly Hill for the construction of road and utility improvements at the intersection of LPGA Boulevard and U.S. 1 as presented.

Staff Contact: William G. Gray, 736-5965, Extension 2294 VC-1028722976984

Council Member Northey asked if there is a process in place to keep traffic moving during the construction. She asked if there would be utility issues.

Mr. William Gray, County Engineer, said the County would have a better idea of what is involved when the construction commences. The City of Holly Hill owns the utilities in the area of this project.

Council Member Northey moved for APPROVAL as recommended and after Council Member Jaynes seconded the motion it CARRIED 7 to 0.

Council Member Northey requested an update on the construction of Providence Boulevard.

Item 34 – Removed by Council Member John

Request for approval the Joint Project Agreement between the County and the City of Orange City for the construction of road and utility improvements for the extension of Veteran’s Memorial Parkway from Graves Avenue to State Road 472 as presented.

Staff Contact: William G. Gray, 736-5965, Extension 2294 VC-1029850505500

Council Member John moved for APPROVAL as recommended and after Council Member Ward seconded the motion it CARRIED 7 to 0.

Traffic Engineering

Item 35 – Removed by Council Member Northey

Request for approval to award the construction contract for the new mast-arm traffic signal at Highbanks Road and Enterprise Road to Traffic Control Devices, Inc., in accordance with Seminole County Contract No. A/B302101/GG. [$83,642.54 - $46,530.29 County; $37,112.25 City of DeBary]

Staff Contacts: Jon Cheney, 736-5968, Extension 2709 VC-1029950474718

James PeKala, 376-5968, Extension 2835

Council Member Northey said she had received answers to her questions.

Mr. William G. Gray said the mast-arm traffic signal could be bid with the road contract but should be a separate project.

Chair McFall asked if this project would be funded through Zone 3 Road Impact Fees. She said if the City of DeBary wants to upgrade the traffic signal, they should pay for it.

Council Member Northey moved for APPROVAL to award the contract provided the project not be funded through Zone 3 Road Impact Fees. After Council Member Jaynes seconded the motion, it CARRIED 6 to 0, with Council Member John out of chambers.

RESOLUTION NO. 2002-150

A RESOLUTION OF THE COUNTY COUNCIL OF THE COUNTY OF VOLUSIA, AMENDING THE FISCAL YEAR 2001-2002 BUDGET CHANGING THE ESTIMATED TOTAL REVENUES, SURPLUS AND EXPENDITURES AND PROVIDING AN EFFECTIVE DATE.

Water Resources/Utilities

Item 36

Request for approval of the Deltona North Water Treatment Plant Landscape and Maintenance Easement to allow construction of wall, signage, landscaping and irrigation improvements on the County’s existing well site. Request for approval of the Memorandum of Understanding with the developer of Arbor Ridge Subdivision and authorization for the County Manager to execute the subject documents on behalf of the County.

Staff Contact: Gloria Marwick, 943-7027, Extension 2724 VC-1028649093968

Item 37

Request for approval of the final project costs and Final Assessment Roll for the installation of water lines to property owners on Williams Street and Myrtal Street in Waterfront Park, Edgewater area. Request for execution of the Notice of Special Assessment Lien. [$133,876.64]

Staff Contact: Gloria Marwick, 943-7027, Extension 2724 VC-1027428353281

Item 38

Request for approval of the final project costs and Final Assessment Roll for the installation of water lines to property owners of the Waterway Park Subdivision, Edgewater area. Request for execution of the Notice of Special Assessment Lien. [$724,344.66]

Staff Contact: Gloria Marwick, 943-7027, Extension 2724 VC-1029417931968

Item 39

Request for approval of the proposed contract with BCI Engineers and Scientists, Inc., to provide professional engineering and scientific support services for total maximum daily loads (TMDL) development and implementation (Phase I) as presented, Project No. P-8116. [$171,568.00]

Staff Contact: Gloria Marwick, 943-7027, Extension 2724 VC-1027534269015

Item 1A

Request for approval of the modification to the low Income Home Energy Assistance Program contract. Request for adoption of Budget Resolution No. 2002-146 and authorization for the Chair and County Manager to execute the resolution. Request for authorization for the Community Services Department Director to sign modifications.

Staff Contact: Gloria Fordham, 736-5956, Extension 2980 VC-1030653950640

RESOLUTION NO. 2002-146

RESOLUTION OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2000-2001 BUDGET, CHANGING THE ESTIMATED TOTAL REVENUES, SURPLUS AND EXPENDITURES AND PROVIDING AN EFFECTIVE DATE.

® ® ® END CONSENT AGENDA ¬ ¬ ¬

PUBLIC HEARINGS AND TIME CERTAIN MATTERS (continued)

Item 40

Request for approval to establish the Volusia Forever project boundary and adopt Resolution No. 2002-146, supporting expansion of the Florida Forever Spruce Creek Project Area.

Staff Contacts: Douglas M. Weaver, 740-5261, Extension 2953 VC-1030018075187

William Gardner, 740-5261, Extension 2953

Mr. Douglas Weaver, Land Acquisition Manager, provided a staff-report.

Pursuant to discussion and there being no objection, Council Member Ward moved for APPROVAL and to ADOPT Budget Resolution No. 2002-148, entitled as follows and on file in its entirety with the records of the County Council, said motion seconded by Council Member Lewis and duly ADOPTED 7 to 0

RESOLUTION NO. 2002-148

Item 41

Request for approval of the use of up to two percent of the annual Volusia Forever tax receipts, in an amount not to exceed $65,000, for the purchase of small lots for conservation purposes. [Not to Exceed $65,000.00]

Staff Contacts: Douglas M. Weaver, 740-5261, Extension 2953 VC-1029522324359

Rob Walsh, 740-5261, Extension 2297

Mr. Douglas Weaver, Land Acquisition Manager, provided a staff-report.

Council Member Bruno moved for APPROVAL as recommended and after Council Member Jaynes seconded the motion it CARRIED 7 to 0.

Item 42

Request that the County Council maintain exclusion of exceptional and unique small grant categories for the 2003 grant cycle of the ECHO Program in order to better evaluate how well the existing minimum ($25,000) and maximum ($500,000) annual grant funding amounts achieve the ECHO program goals as stated in Resolution No. 2002-156

Staff Contact: Margaret Hodge, 740-5210, Extension 2009 VC-1029848465437

Ms. Margaret Hodge, Volusia ECHO Coordinator, provided a staff-report. During their June 12, 2002 meeting, the ECHO Board voted 4-3 (2 members were absent) to exclude Exceptional and Unique Small grants from the 2003 grant application to follow County Council direction and for the following additional reasons: (1) the Board wants to fund as many viable projects as possible in the second year of the 20-year ECHO program, (2) the Board will be able to reconsider the Exceptional and Unique Small grant categories each year, and (3) several Board members were concerned about the unanswered questions regarding the selection criteria, selection process, the appropriate level of funding and time period of funding.

During public participation of the August 14, 2002 meeting of the ECHO Advisory Board, a member of the public requested that the ECHO Board reconsider their decision to exclude Exceptional Projects from the 2003 grant application. The Board did not reconsider their vote, therefore Exceptional Projects are not included in the 2003 proposed grant application. The ECHO Board did vote 4-3 (2 members were absent) that the Board would adjust their application deadlines if necessary to develop Exceptional Project criteria and guidelines for the 2003 application if the County Council reconsidered and overturned the County Council decision made June 6, 2002 regarding Exceptional projects. The ECHO Board took no action regarding the Unique Small grant category.

On August 15, 2002 during their regular meeting, the County Council agreed to discuss Exceptional and Unique Small grants at the September 5, 2002 County Council meeting.

A staff proposed draft of recommendations on how Exceptional and Unique Small grants might be processed is part of the County Council records (Attachment B). These draft recommendations have not been reviewed or approved by the ECHO Advisory Board.

Mr. Mori Hosseini said the Lively Arts Center is an excellent project. If Council were to approve “exceptional super” grants, the Lively Arts Center would be eligible to apply for the ECHO grant funds. The project would require a total of $5 million in grant funds with $1million per year for five years.

Mr. Phil Buford said the County Council set goals for this program. It would not be appropriate to change the rules allowing allocation of a large portion of the funds to one project. He asked that Council not change the regulations as the funds should be disbursed throughout the County.

Mr. Charles Rayfield, Marine Discovery Center, asked that Council not change the rules. The Marine Discovery Center has applied for grant funds and is operating within the current rules.

Mr. Michael Pleus said the DeLand City Commission support is County Staff’s recommendation to retain current rules and exclude exceptional grants.

Council Member John asked if the ECHO Advisory Committee reviewed the request to consider exceptional grants.

Mr. Gary Libby, ECHO Committee, said the Committee discussed super grants when the program was put in place and eliminated exceptional and small grants. The Committee is now deferring to Council’s judgment.

Council Member John said exceptional projects should be a separate issue from small projects with regard to eligibility for ECHO grant funds.

Discussion ensued.

Council Member John said the Advisory Board should discuss the two issues separately and make recommendations.

Mr. Libby said the Advisory Board is requesting Council direction on the exceptional projects and small projects.

Council Member Jaynes said the Board should set criteria for super projects and have a process in place but should not consider many exceptional projects.

Council Member Northey said the Board should have guidelines for exceptional projects and set a maximum grant amount. She said she needs more information before deciding whether exceptional and/or small projects should be considered but she would like to look at exceptional projects because they are valuable.

Council Member Bruno suggested limits of $25,000 - $1 million.

Chair McFall said there is only one pot of money and if exceptional projects are considered they would receive most of the allocated funding and small projects would stop applying for ECHO grant funds.

Council Member John moved for APPROVAL to direct the Volusia ECHO Advisory Board to separately consider small projects and exceptional projects and make recommendations to the County Council. The motion DIED for lack of a second.

Council Member Ward said, if approved, the Lively Arts Center would receive $1 million per year for the next five years. He asked if the Board would consider another exceptional project within those five years.

Mr. Libby said if there were three exceptional projects and one was chosen, the other two would fall to the $500,000 per year category but the other projects could apply the next cycle year for the exceptional grant.

Council Member Bruno moved for APPROVAL that the maximum grant for regular projects would remain the same and the maximum for exceptional projects would be $1 million per year for three years. Council Member John seconded the motion. The motion CARRIED 4 to 3 with Council Members Ward, Lewis and Chair McFall dissenting.

Council Member Northey requested that the Board propose a recommendation for guidelines and provide information regarding how exceptional grants would affect other applications.

Council Member John moved for APPROVAL to request a recommendation from the Board setting guidelines for exceptional projects. After Council Member Bruno seconded the motion it CARRIED 6 to 1 with Council Member Northey dissenting.

Item 43

Request for adoption of Ordinance No. 2002-17, creating Section 123-3, Chapter 126, Code of Ordinances, County of Volusia, regarding the use of airboats.

Staff Contact: Frank B. Gummey, III, 736-5950, Extension 2951 LEG-2002-010

Mr. Frank B. Gummey, III, Deputy County Attorney, provided a staff-report. Motorboats, including airboats, must have mufflers now. It is possible to measure sound and distance with a meter but it is not possible to measure the sound of a boat moving across the water. Thus, staff looked at other ordinances across the state, which have identified similar issues to Volusia County and the approach is different in different jurisdictions. The ordinance before Council today would restrict the time of operation, limit where airboats can be launched and regulate propeller wash from being directed against others.

Council Member John said the City of Daytona Beach is in the process of adopting an ordinance regarding motorcycle noise. Citizens are annoyed by the noise airboats make and nothing more. He suggested an ordinance similar to Daytona Beach’s motorcycle ordinance.

Council Member Jaynes suggested setting up “no airboat zones” at certain hours of the night.

Council Member Lewis said although this is a serious issue, passing this ordinance is premature. If Council were to limit the hours of operation, it could have a negative affect on commercial fisherman. Airboats could be launched from private property. The solution to the noise issue could be mufflers.

Mr. Doug Daniels, said he represents Quiet Rivers and the noise at all hours of the night and early morning must be stopped. The residents need relief. There are also environmental issues associated with airboats. Airboats are required by State law to have a muffler but the statute is unenforceable. The ordinance proposed marking sections of the river where airboats are allowed or not allowed to operate. However, Florida Fish and Wildlife would have to approve such an action and it would not likely support such an action. The County should ban the operation of airboats at night. Other counties prohibit airboats at night or entirely.

Mr. Donald Lockwood said he lives on Lake George and operates an airboat. He has a muffler on his airboat and operates far away from populated areas but airboats are noisy. He suggested enforcement of the current statute requiring mufflers but said enforcement would require the presence of law enforcement on the lakes.

Mr. Kevin Hall, United Water Fowlers of Florida, said he does not own an airboat but wants to defend the rights of Florida citizens. There is no provision in the proposed ordinance for the current alligator hunt, waterfowl hunting, or frog gigging. Limiting evening airboat use limits hunting.

Mr. Allen Hardwicke, Lake county Airboat Club, spoke in opposition to the proposed ordinance.

Mr. Stanley A. Clavet, Florida Hunting Coalition; Mr. Stanley Blackwelder; Howard Parsons, Standing Watch; Mr. Butch Miller; Mr. John Bollmar; Mr. Ralph Hedgecoth, Florida Airboat Association; Mr. Kevin S. Bates; Mr. Leroy Colen; Mr. Donald P. Berry, Senior; Mr. John Speros, Jr.; Mr. James Bradley, Sr.; Mr. Tony Johns; Mr. Devin Calloway, Lake County Airboat Club; Mr. Hunter Michewicz, Lake County Airboat Club; Ms. Deeanna Sakowicz, Lake County Airboat Club; Ms. Barbara Freeman, Lake County Airboat Association; Mr. Jeff Duval; Mr. Matthew P. Berry; Mr. Buck Ward, Lake County Airboat Club; Mr. William H. Robert Parkinson, Orange County Airboat Association; Mr. Raymond Hottinger, Lake County Airboat Association; Mr. Nathan Booth, Airboater; Mr. Art Davis, Orange County Airboat Association; Mr. Richard Hughes; Ms. Joyce McQuay, Orange Counth Airboat Association; Mr. Ray Bryant, Umatilla; and Mr. Ed Hadlock, Seville spoke in opposition to the proposed ordinance. They said the airboat clubs want to live harmoniously and only a few airboat operators are causing problems. Only metropolitan jurisdictions have prohibited the use of airboats. Many of the airboat clubs remove trash and dead fish from the rivers and participate in organized river cleanups. Some operators make their living gigging frogs using an airboat and could not sustain a living using a flat bottom boat. The problems could be worked out if the Sheirff’s Department had the proper tools for enforcement. They asked that Council table this ordinance and explore other options with the assistance of airboat operators.

Ms. Sandra Walters, Enterprise; Mr. Rick Paine; and Mr. Roger Amrhein said the proposed ordinance does not address the decibel level and the noise is just as bad at noon as it is in the middle of the night. The problem is the noise not the airboats.

Mr. C.R. Powell said he owned an airboat with mufflers but even with a muffler, an airboat is loud. One or two loud airboats could keep a whole neighborhood awake at night. He asked that the County regulate permitted hours for the operation of airboats.

Council Member Northey read a letter into the record in favor of the proposed ordinance.

This being the date for public hearing, Council Member Northey moved to ADOPT Ordinance No. 2002-17, with the following amendments:

1. State and Federal programs would be exempt from the ordinance

2. The prohibited hours of operation should be changed from ½ hour after sundown to 10:00 p.m. through 6:00 a.m.

3. Remove language prohibiting the launching of airboats from other than public launch facilities.

Vice Chair Bruno presided over the meeting upon the Chair relinquishing the gavel.

After Council Member McFall SECONDED the motion, it failed 5 to 2 with Council Members Lewis, Ward, John, Jaynes and Bruno dissenting.

Item 44

Request for adoption of Resolution No. 2002-149, calling for a referendum election November 5, 2002, to amend the County Charter to provide for an elected County Chair, five district council members and one at large council member serving four-year terms.

Staff Contact: Frank B. Gummey, III, 736-5950, Extension 2951 2002-12

Mr. Frank B. Gummey, III, Deputy County Attorney, provided the staff-report.

Pursuant to discussion and there being no objection, Council Member Northey moved to ADOPT Resolution No. 2002-149, entitled as follows and on file in its entirety with the records of the County Council, as recommended, said motion seconded by Council Member Jaynes and duly ADOPTED 7 to 0.

RESOLUTION NO. 2002-149

A RESOLUTION OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, PROVIDING FOR THE HOLDING AND CONDUCTING OF A SPECIAL REFERENDUM ELECTION FOR THE ELECTORS WITHIN VOLUSIA COUNTY, FLORIDA TO CONSIDER ADOPTION OF AMENDMENTS TO CHAPTER 70-966, LAWS OF FLORIDA, BEING THE CHARTER OF VOLUSIA COUNTY, SAID ELECTION TO BE HELD ON NOVEMBER 5, 2002, INDICATING THE AMENDMENTS AND QUESTIONS TO BE PLACED UPON THE BALLOT.

Item 45

Request for direction regarding the development of a water wise landscaping ordinance.

Staff Contact: Steve Kintner, 735-5927, Extension 5851

Council Member Jaynes moved to CONTINUE this item to the September 12, 2002, at 3:00 p.m. meeting and after Council Member Northey seconded the motion it CARRIED 7 to 0.

Item 46

Request for direction regarding bus shelters in the unincorporated area of Volusia County.

Staff Contact: Kenneth R. Fischer, 756-7496, Extension 126 VC-1029860407046

Council Member Jaynes moved to CONTINUE this item to the September 12, 2002, at 3:15 p.m. meeting and after Council Member Northey seconded the motion it CARRIED 7 to 0.

Item 47

Request for approval of funding for transition to a new entity for water management and authorization for the Chair to sign the transition letter. [$59,691.00]

Staff Contact: Gloria Marwick, 943-7027, Extension 2724 VC-1029416523718

Ms. Gloria Marwick, Director of the Water and Resources Division, provided the staff-report.

Mayor Ted Erwin said the City of DeBary supports the new entity for water management.

Chair McFall asked if the County would sunset the Volusian Water Alliance when the new entity is created.

Ms. Marwick replied that the County would sunset the Volusian Water Alliance when the new entity is created.

Ms. Elizabeth Layton also supported this item.

Council Member Jaynes moved for APPROVAL as recommended and after Council Member Lewis seconded the motion it CARRIED 4 to 3 with Council Members Jaynes, Northey

Item 48

First Public Hearing on Fiscal Year 2002/2003 Budget and request to set Final Public Hearing and adoption of Fiscal Year 2002/2003 Budget and Tax Rates, September 19, 2002, at 5:05 p.m.

Staff Contact: Doug Krueger, Extension 2649

Pursuant to discussion, Council Member Bruno moved for APPROVAL of funds in the amount of $25,000 for the Coalition for the Homeless. After Council Member John seconded the motion it CARRIED 4 to 3, with Council Members Jaynes, Northey and Chair McFall dissenting.

Pursuant to discussion, Council Member Ward moved for APPROVAL of a 1.15 per capita increase for the Cultural Arts Council. After Council Member Bruno seconded the motion it CARRIED 5 to 2 with Council Member Northey and Chair McFall dissenting.

Council Member Jaynes moved for APPROVAL TO ADOPT proposed changes to the FY 2002-2003 Recommended Operating Budget totaling $555,584. After Council Member Bruno seconded the motion it carried and was duly ADOPTED 7 to 0.

Council Member Bruno moved for APPROVAL TO ADOPT the FY 2002-2003 General Countywide ad valorem tax rate of 5.600 mills. After Council Member Jaynes seconded the motion, it carried and was duly ADOPTED 5 to 2 with Council Member John and Chair McFall dissenting.

Council Member Lewis moved for APPROVAL TO ADOPT the FY 2002-2003 Library ad valorem tax rate of 0.6040 mill. After Council Member Jaynes seconded the motion, it carried and was duly ADOPTED 5 to 2 with Council Member John and Chair McFall dissenting.

Council Member Bruno moved for APPROVAL TO ADOPT the FY 2002-2003 Volusia Forever ad valorem tax rate of 0.2000 mill. After Council Member Lewis seconded the motion it CARRIED 7 to 0.

Council Member Lewis moved for APPROVAL TO ADOPT the FY 2002-2003 Volusia ECHO ad valorem tax rate of 0.2000 mill. After Council Member Jaynes seconded the motion it CARRIED 7 to 0.

Council Member Lewis moved for APPROVAL TO ADOPT the FY 2002-2003 East Volusia Mosquito Control District ad valorem tax rate of 0.2380 mill. After Council Member Ward seconded the motion, it carried and was duly ADOPTED 5 to 2 with Council Member John and Chair McFall dissenting.

Council Member Jaynes moved for APPROVAL TO ADOPT the FY 2002-2003 Ponce De Leon Port Authority ad valorem tax rate of 0.090 mill. After Council Member Bruno seconded the motion, it carried and was duly ADOPTED 5 to 2 with Council Member John and Chair McFall dissenting.

Council Member Jaynes moved for APPROVAL TO ADOPT the FY 2002-2003 Municipal Service District ad valorem tax rate of 1.6910 mills. After Council Member Bruno seconded the motion, it carried and was duly ADOPTED 5 to 2 with Council Member John and Chair McFall dissenting.

Council Member John moved for APPROVAL TO ADOPT the FY 2002-2003 Silver Sands-Bethune Beach rollback tax rate of 0.0262 mill. After Council Member Lewis seconded the motion, it carried and was duly ADOPTED 7 to 0.

Council Member Lewis moved for APPROVAL TO ADOPT the FY 2002-2003 Fire Services District ad valorem tax rate of 2.4920 mills. After Council Member Jaynes seconded the motion, it carried and was duly ADOPTED 5 to 2 with Council Member John and Chair McFall dissenting.

Council Member Jaynes moved for APPROVAL TO ADOPT the FY 2002-2003 Tentative Budget totaling $420,716,196. After Council Member Bruno seconded the motion, it carried and was duly ADOPTED 5 to 2 with Council Member John and Chair McFall dissenting.

Council Member Lewis moved for APPROVAL to set the Second Public Hearing to adopt the FY 2002-2003 Budget to be held on Thursday, September 19, 2002 at 5:05 p.m., County Council Chambers, DeLand. After Council Member Bruno seconded the motion, it CARRIED 7 to 0.

OTHER BUSINESS - NOMINATIONS/APPOINTMENTS

Item 49

BOARD: Southeast Volusia Advertising Authority

INCUMBENT: * Buddy Davenport

* Melynda Sachs

* Eugene Sheldon

TERM EXPIRING: September 30, 2002

LENGTH OF TERM: Two Years

*Willing to serve another term.

COUNCIL APPOINTMENTS – DISTRICT 5, AT LARGE BIG, AND AT LARGE NORTHEY

Attached are applications from Buddy Davenport, Melynda Sachs and Eugene Sheldon as well as Ronald Carwile, Dennis Deal, Ronald Dreggors, Lena Gyllenberg, Martha Nightswonger, Theodore Ruta and Clifford Wharin indicating their desire to serve.

Staff Contact: Sue Whittaker, 736-5920, Extension 2188 CMSW-02-010

Council Member Northey nominated and Council REAPPOINTED Buddy Davenport to the board and after Council Member Jaynes seconded the motion it CARRIED 7 to 0.

Council Member Lewis nominated, on behalf of Chair McFall, and Council REAPPOINTED Melynda Sachs to the board and after Council Member Bruno seconded the motion it CARRIED 7 to 0.

Council Member John nominated and Council REAPPOINTED Eugene Sheldon to the board and after Council Member Bruno seconded the motion it CARRIED 7 to 0.

Item 50

BOARD: West Volusia Tourism Advertising Authority

INCUMBENT: * William Dreggors

r Marge Clauser

r Dana Li

TERM EXPIRING: September 30, 2002

LENGTH OF TERM: Two Years

*Willing to serve another term. r Declined to serve another term.

COUNCIL APPOINTMENTS – DISTRICT 1, DISTRICT 4 AND DISTRICT 5

TWO OF THE APPOINTMENTS MUST BE WITHIN THE LODGING INDUSTRY.

An application is attached from William Dreggors as well as Lynn Kumpf and Rocky Adrianson (both employed in the lodging industry) indicating their desire to serve.

Staff Contact: Sue Whittaker, 736-5920, Extension 2188 CMSW-02-009

Council Member Lewis nominated and Council REAPPOINTED William Dreggors to the board and after Council Member Jaynes seconded the motion it CARRIED 7 to 0.

Council Member Bruno nominated, on behalf of Chair McFall, and Council APPOINTED Lynn Kumpf to the board and after Council Member John seconded the motion it CARRIED 6 to 1, with Council Member Northey dissenting.

Council Member Jaynes moved to CONTINUE this item to the September 30, 2002 meeting and after Council Member Bruno seconded the motion it CARRIED 7 to 0.

DISCUSSION BY COUNCIL OF MATTERS NOT ON AGENDA

Council Member Ward

· Council Member Ward did not have any issues for discussion.

Council Member Lewis

· Council Member Lewis did not have any issues for discussion.

Council Member Bruno

· Council Member Bruno did not have any issues for discussion.

Council Member Jaynes

· Council Member Jaynes did not have any issues for discussion.

Council Member Northey

· Council Member Northey requested an update regarding the construction on Providence Boulevard.

Council Member John

· Council Member John did not have any issues for discussion.

Chair McFall

· Chair McFall reminded Council of upcoming events.

DISCUSSION BY STAFF OF MATTERS NOT ON AGENDA

Council Member Bruno moved for APPROVAL to retain Larry Smith as outside counsel for litigation regarding the Davis case and approved for the County Attorney to exceed the $25,000 spending cap regarding this matter. After Council Member Jaynes seconded the motion it CARRIED 7 to 0.

ADJOURNMENT

There being no further business before the Volusia County Council, the meeting was adjourned at 7:35 p.m.

COUNCIL MEMBERS:		STAFF:
Ann McFall, Chair	District 5	Cynthia A. Coto, County Manager
Frank T. Bruno, Jr., Vice Chair	District 2	Daniel D. Eckert, County Attorney
Joseph C. Jaynes	District 4	Ray W. Pennebaker, Deputy County Manager
Big John	At-Large	Betty J. Holness, Assistant to the County Manager
Dwight D. Lewis	District 1	Matt Greeson, Assistant to the County Manager
Patricia Northey	At-Large	Sue Whittaker, Deputy Clerk
James E. Ward	District 3	Diane Marinaro Tyler, Administrative Aide