COUNTY COUNCIL ACTION LIST
JUNE 16, 2005

1.      APPROVED the design development presentation for the Ocean Center expansion project and directed the project team to move forward with the final design. [$57,000,000.00] (Item 1)

2.      APPROVED Minutes from the County Council Budget Workshop held August 26, 2004. (Item 2)

3.      CONTINUED to July 14, 2005 request to approve minutes of Special County     Council  meeting held June 6, 2005. (Item 3)

4.      AUTHORIZED staff to proceed with transmittal of the Letter of Understanding (LOU) for the Volusia County Evaluation and Appraisal Report (EAR) to the Florida Department of Community Affairs.  The purpose of the LOU and EAR is to identify the planning issues on which the County will focus its EAR, consistent with Section 163.3191 of the Florida Statutes. (Item 4)

5.      VOTED to not hold public hearing to consider request to establish the Pioneer Community Development District (CDD).  There is no monetary issue for the County to decide as the bonds will not be backed by the County of Volusia. [Applicant: Jonathan T. Johnson, Attorney for MHK of Volusia County, Inc.]  (Item 5)

6.      UPHELD recommendation of PLDRC and Planning Staff for approval of Zoning Case Z-05-049, Application of Basyle Tchividjian, Attorney for Richard and Donna Medlin, Owners, requesting a rezoning from the A-3 (Transitional Agriculture) zoning classification to the RR (Rural Residential) zoning classification; and request to ADOPT Resolution No. 2005-111.  (Item 6)

7.      UPHELD recommendation of PLDRC and Planning Staff for approval of Zoning Case Z-05-040 – Application of Ed Isenhour, Land Acquisition and Management Division of Volusia County, Agent for State of Florida, Trustees of the Internal Improvement Trust Fund,  Owner, requesting a rezoning from BPUD (Business Planned Unit Development), BPUDC (Business Planned Unit  Development/Thoroughfare Overlay Zone), and RC (Resource Corridor) zoning classifications to C (Conservation) zoning classification; and request to ADOPT Resolution No. 2005-112. (Item 7)

8.      UPHELD recommendation of PLDRC and Planning Staff for approval of Zoning Case Z-05-041 - Application of Ed Isenhour, Land Acquisition and Management Division of Volusia County, Agent for County of Volusia, Owner, requesting a rezoning from RC (Resource Corridor) and A-1 (Prime Agriculture) zoning classifications to C (Conservation) zoning classification; and request to ADOPT Resolution No. 2005-113.  (Item 8)

9.      UPHELD recommendation of PLDRC and Planning Staff for approval of Zoning Case Z05-053 - Application of Ed Isenhour, Land Acquisition and Management Division of Volusia County, Agent for County of Volusia, Owner, requesting a rezoning from RC (Resource Corridor) and A-1 (Prime Agriculture) zoning classifications to C (Conservation) zoning classification; and request to ADOPT Resolution No. 2005-114.   (Item 9)

10.    UPHELD recommendation of PLDRC and Planning Staff for approval of Zoning Case PUD-05-012 - Application of Creative Environmental Solutions, Inc., Agent for Owner, Plum Creek Land Company, Owner, requesting a rezoning from FR (Forestry Resource) and RC (Resource Corridor) zoning classifications to Heart Island Equestrian Estates RPUD (Residential Planned Unit Development) zoning classification, with conditions as recommended, and as modified to add Silvaculture as a permitted use;  Resolution No. 2005-115.   (Item 10)

11.   UPHELD recommendation of PLDRC and Planning Staff for approval (with conditions) of Zoning Case PUD-05-016 – Application of Alex Ford, Attorney for Florida United Methodist Children’s Home, Owner,  requesting a major amendment to the Florida United Methodist Children’s Home Mixed Planned Unit Development (MPUD) Resolution No. 1997-150, Section D, Land Uses, to include duplexes as a new permitted use, to expand the boundaries of the MPUD, to make other changes and to adopt a revised MPUD Preliminary Plan, with the change as presented by Mr. Ford;  Resolution No. 2005-116.    (Item 11)

12.    UPHELD recommendation of the PLDRC for DENIAL of Zoning Case S-05-052 - Application of D. Patterson and Lori Taylor, Contract Purchasers, Robert and Romona Verra, Owners, requesting a special exception for a Class B Home Occupation on FR (Forestry Resource) zoned property.  (Item 12)

13.    ADOPTED Resolution No. 2005-124 abandoning/vacating a portion of Howe and Curriers Allotment, Map Book 4, Page 44, containing 575 acres, to return the property to acreage because the lots do not meet zoning or comprehensive plan standards. [Glenn Storch, Attorney for Kirkland Family Limited Partnership and Mag Properties, Petitioners].   (Item 13)

14.    approveD Embry Riddle Aeronautical University’s request to hold the Florida SkyFest Airshow at the Daytona Beach International Airport during October 29-30, 2005 and APPROVED beer sales for the event.  (Item 14)

15.    APPROVED the City of Holly Hill 2005 Joint Participation Program Grant Application for the Sunrise Park Improvements, as recommended by the Inlet & Port District Advisory Board, and request to AUTHORIZED the County Chair to execute the Interlocal Agreement. [$195,000.00]  (Item 15)

16.    APPROVED amendments to the Community Development Block Grant (CDBG) program Consolidated Plans for Fiscal Years 2002/2003, 2003/2004 and 2004/2005 and AUTHORIZED the Community Services Director or his designee to submit related grant documents to the U.S. Department of Housing and Urban Development and amend all subrecipient agreements as necessary.  (Item 16)

17.    APPROVED purchase of an annual maintenance contract for the library automation system, from GEAC Computers, Inc. of Southborough, Massachusetts, the proprietary, single source vendor, and WAIVED the formalities of the purchasing ordinance to award to a proprietary, sole source vendor. [$104,198.21]  (Item 17)

18.    APPROVED award of RSQ No. 05-SQ-85 BB for "Additional" Supplemental Paratransit Services to Florida Glider, Inc. in DeLand, Florida, to run concurrently with those awarded in the March 24, 2005 Council meeting, with the same potential for two one-year renewals, with mutual written agreement and Council approval.  [$100,500.00] (Item 18)

19.    ADOPTED Budget Resolution No. 2005-117 appropriating the FY 2004-05 Florida Department of State, Polling Place Accessibility Grant in the amount of $32,950.00, of which $24,712.00 will reimburse the General Fund for costs associated with polling place accessibility. [+$32,950.00] (Item 19)                           

20.    APPROVED award of contract to Sonitrol of Florida East Coast of Cocoa Beach, Florida, for an initial three year term, with two one-year renewals permissible upon mutual written agreement and Council approval, for the Building Access Control System; AUTHORIZED the County Manager to approve the addition of buildings when the total task assignment does not exceed $25,000.00.  Additions for future projects which exceed $25,000.00 will be brought back to Council for approval.  The Law Enforcement Terrorism Program and State Homeland Security Subgrant will reimburse the Facilities Division for the Turn-Key Building Access Control System ($42,445.00) and the County will be responsible for the Extended Warranty Maintenance Plan ($19,667.74). [$62,112.74] (Item 20)

21.    APPROVED settlement of Winston Newman Liability Claim Number 09-04-01. [$7,500.00] (Item 21)

22.    APPROVED settlement of Clarissa Winfield v. County of Volusia . [$65,000.00] (Item 22)

23.    APPROVED settlement agreement to completely resolve the Worker's Compensation claim of former employee Donald R. Knight. [$25,000.00] (Item 23)

24.    APPROVED award of bid to Nalco Company of Orlando, Florida, the sole responsive and responsible bidder, for an initial three-year term, with two one-year renewals, permissible upon mutual written agreement and Council approval, to provide monitoring and chemical treatment of water utilized in cooling water, hot water, boiler water and fan cool units at the Branch Jail and Corrections, the County Administration Building, the Justice Center, the Ocean Center and the Daytona Airport. [$80,412.98] (Item 24)

25.    APPROVED award of bid to the lowest responsive, responsible bidder, Coleman Builders of Volusia County, for the construction of a single-family home at 249 Palm Place, Ormond Beach, Florida. [S.H.I.P. Funds: $83,000.00] (Item 25)

26.    APPROVED award of bid to Conrad Yelvington Distributors, Inc. of Daytona Beach, Florida, for a period of one year, with two one-year renewals, permissible upon mutual written agreement and Council approval, for loose rock riprap. [$236,250.00] (Item 25) (Item 26)

27.    APPROVED request to utilize bid for sign materials based on Osceola County's Bid A/R#05-412-TM from 3 M Company through February, 2006, with two one-year renewals upon Council approval. [$50,000.00] (Item 27)

28.    APPROVED award of bid to CWB Contractors, Inc. of Bunnell, Florida, the lowest responsive, responsible bidder for the Tenth Street Clearing contract. [$98,839.00] (Item 28)

29.    APPROVED award of bid to CWB Contractors, Inc. of Bunnell, Florida, the lowest responsive, responsible bidder for the Tenth Street Clearing contract. [$98,839.00] (Item 29)

30.    ACCEPTED the City of Holly Hill's request to cancel grant 04-03 (Holly Forest Park)  and subsequently approve the City of Holly Hill's request to reallocate the grant funds from grant award 04-03 in the amount of $31,453.00 to grant 04-02 (Holly Land Park). The total grant award for grant 04-02 increases to $150,189.00 and the grant award date remains established as August 5, 2004 for administrative reporting and project construction periods. [$31,453.00]  (Item 30)

31.    APPROVED reallocation of the grant funds for the Bethune-Cookman College Performing Arts Center to include the purchase of the enhanced speaker system. [Grant Award 04-19 remains $500,000.00].  (Item 31)

32.    ADOPTED Budget Resolution No. 2005-118 appropriating funding for the Petroleum Storage Tank Compliance Grant. [$253,652.00] (Item 32)

33.    APPROVED Stewart-Marchman Center’s request for donation of approximately five acres of developable property to expand the Stewart-Marchman Center’s existing residential campus on Tiger Bay and AUTHORIZED staff to prepare the required deed and other documents to affect the transfer.   (Item 33)

34.    APPROVED the Historic Ormond-by-the-Sea Scenic Trail Joint Participation Agreement (JPA) Supplemental Amendment Number 1 with the Florida Department of Transportation in the amount of $18,000.00 and ADOPTED Budget Resolution No. 2005-119 appropriating the funds. [$48,000.00: $30,000 approved on March 10, 2005] (Item 34)

35.    APPROVED the ambulance dispatch contract with the Emergency Medical Foundation, Inc., d/b/a EVAC Ambulance for the period from October 1, 2004 through September 30, 2006. [$150,000.00] (Item 35)

36.    APPROVED request to apply for and accept a Flood Mitigation Grant in the amount of $82,500.00 requiring a County match of $27,500.00, for the acquisition of property located at 229 South Blue Lake Drive, DeLand, Florida, and ADOPTED  Budget Resolution No. 2005-120. [$110,000.00] (Item 36)

37.    APPROVED request to increase the current "Not to Exceed" limit from $100,000.00 per year to $225,000.00 per year with Fisher Scientific Company of Tampa, Florida,  for the purchase of safety bunker gear and safety equipment/supplies for Fire Services new hires and existing personnel. [$225,000.00] (Item 37)

38.    APPROVED Supplemental Local Agency Program Agreement between FDOT and the County of Volusia to delete right of way funds and increase construction funds for the Otter Boulevard Bridge replacement project and adopt Resolution No. 2005-121 authorizing the County Chair and other County representatives to sign the Supplemental LAP Agreement. [$880,000.00]  (Item 38)  VC-1116276592005

39.        APPROVED request to utilize pricing from Brevard County Bid No. B-2-05-70 (ITB No. 05-B-148BB) with Belcorp, Inc., for mulching and disposal services for yard trash and vegetative waste through April 10, 2006, with a one-year renewal contingent upon annual renewal approvals by Brevard County. [$365,000.00]          (Item 39)

40.    APPROVED Task Assignment No. 1 to the contract with Neel-Schaffer, Inc. for Landfill Topographic Mapping, Closure Cost Estimating and Annual Reporting required for the Tomoka Farms Road Landfill and the Plymouth Closed Landfill. [$167,925.00] (Item 40)

41.    APPROVED Task Assignment No. 2 to the contract with Neel-Schaffer, Inc. of Maitland, Florida, for the design, preparation of construction documents and permitting of a stormwater outfall at the Tomoka Farms Road Landfill. [$38,000.00] (Item 41)

42.        APPROVED Task Assignment No. 4 to the contract with Neel-Schaffer, Inc. of       Maitland, Florida, for On-Call Solid Waste Engineering Services. [$90,000.00]        (Item 42)

43.  APPROVED Task Assignment No. 4 to the contract with Neel-Schaffer, Inc. of  Maitland, Florida, for On-Call Solid Waste Engineering Services. [$90,000.00]          (Item 43)

44.    APPROVED award of a Price Agreement to Pride Enterprises-Baker Paint, for an initial one-year period, with the option to renew for two additional one-year renewals  contingent upon Council approval, for the Purchase of Type 1 Glass Beads for pavement marking. [$35,400.00]  (Item 44)

45.    APPROVED Task Assignment No. 1 to the contract with PEC/Professional Engineering Consultants, Inc. of DeLand, Florida, to provide professional stormwater and environmental engineering services for the Daytona Park Estates Stormwater Master Plan, Phase II - Final Design and Permitting Project. [$73,620.17]    (Item 45)

46.    APPROVED contract with the Volusia County School Board for FY 2005-2006, from July 1, 2005 to June 30, 2006, for criminal history background checks to be conducted by the Volusia County Sheriff's Office on School Board volunteers with regular or sensitive access to children. [+$32,319.00]   (Item 46)

47.    APPROVED expenditure of $33,000.00 from the Local Law Enforcement Trust Fund to the following organizations.  (Item 47)

  • $10,000 Florida Sheriff's Youth Ranch
  • $ 5,000 Stewart-Marchman
  • $ 4,000 Project Graduation (Deltona HS, Seabreeze HS, Taylor HS, NSB HS)
  • $ 3,000 Florida Sheriff's Youth Foundation
  • $ 3,000 Halifax Habitat for Humanity
  • $ 3,000 One Voice for Volusia
  • $ 2,000 The House Next Door
  • $ 2,000 Pace Center for Girls
  • $ 1,000 Volusia/Flagler County Coalition for the Homeless

48.    APPROVED request for the Sheriff's Office to accept an Edward Byrne Justice Assistance Grant (JAG) in the amount of $66,887.00; authorize the use and transfer of $31,013.00 from the local law enforcement trust account as grant match; authorize the purchase of an Omnitrak Latent Fingerprint System from Printrak, A Motorola Company; authorize the County Manager to sign the contract after Legal review; adopt Budget Resolution No. 2005-122; AUTHORIZED the County Chair or designee to execute grant agreements. [$97,900.00] (Item 48)

49.    AUTHORIZED the Volusia County Sheriff's Office to apply for and accept a Matching Drug Control & Money Laundering Grant from the  Violent Crime and Drug Council; ADOPTED Budget Resolution No. 2005-123 appropriating $100,000.00 in revenues and expenses. [+$100,000.00] (Item 49)

50.    ADOPTED Resolution No. 2005-125 approving and adopting the Spring Hill Community Redevelopment Plan.    (Item 50)

51.    ADOPTED Ordinance No. 2005-06 establishing a redevelopment trust fund for the Spring Hill Community Redevelopment area, as presented. (Item 51)

52.    DIRECTED staff to proceed with public hearing to consider Ordinance regarding proposed changes to the County Minimum Standards Chapter 50, Article V, "Wastewater Residual Management.”    (Item 52)

53.    DIRECTED staff to proceed with the Volusia County Comprehensive Plan Amendment Cycle 05-2.   (Item 53)

54.    REAPPOINTED Joan Lee to Volusia Growth Management Commission for three (3) year term effective June 30, 2005; CONTINUED to July 7, 2005 meeting appointments to replace Walter Smith and David Rigsby.  (Item 54)

55.    APPOINTED the following to complete the fifteen (15) member Charter Review Commission (nine (9) members appointed June 2, 2005), and ADOPTED Resolution No. 2005-126 establishing a Charter Review Commission:

         Clarence “Bo” Davenport, County Chair
P. T. “Bud” Fleuchaus, County Chair
John Graham, At Large, Joie Alexander
Ezell Reeves, District 2, Art Giles
Pat Drago, District 4, Carl Persis
Charles Matousek, District 1, Bill Long

56.    The Chair made the following Selection Committee assignments:  (1)  RSQ #05-SQ-70LB: Sheriff's Office Evidence Room and New Complex  - Dwight Lewis, and  (2)  RSQ #05-SQ-157RB: Professional Right-of-Way Acquisition Services  - Jack Hayman.

57.   APPOVED proposed Change Order No. 2 to the contract with E. C. Kenyon of Jacksonville, Florida, for an additional two months to complete the construction phase services at the Historic Courthouse.