Volusia County, Florida



Good morning ladies and gentlemen. Today's date is April 7, 2016. This is the public participation of the The Volusia County Council Louisiana County Council.welcomes your involvement and is interested in hearing your comments. Please complete a public participation slip and indicate in the subject line the issue you wish to address. You may use the back if necessary. After you are recognized by the County Chair, state your name and address for the record before beginning your comments. You may speak up to three minutes, either during Public Participation or when an agenda item is heard. The County Council will not answer questions or requests during Public Participation. Please be courteous and respectful of the views of others. Personal attacks on Council members, County staff or members of the public are not allowed. >> The first person up is Morton Culligan.

If there is anyone else that wishes to make comment on the issue that is not on the agenda, please fill out the form and we will get you a peer. If not, you will be our first and final speaker. Please state your name and address. Select

My name is Morton Culligan. 66 Tanglewood Road.

We are talking about the dishonest city Council. I was at a meeting last night with it gave away $3000 . In the three-minute talk you had here, they skipped the fact that it was not an agenda item. The money was to the Orange city band. The city Council and staff is sneaky. They have done this three times in a row. Give away money to nonprofit organizations without having it on the agenda. They make it in and the three minutes that we have right now and try to force a vote on it. And they get away with it. They done this three times in a row. They've given it to order of the Eagles, who ever that is. That is fine. They have no respect for taxpayers at all. They give away funds to nonprofit organizations that do not pay taxes. They gave it away to some cancer fund. They give it away to a band for Orange city. If merely states that they do not want to hear -- these ridiculous rules -- they don't want to hear anything that has to do with business. A band that have to take a flight to a vacation has nothing to do with business. They do not follow their own rules of decorum. To a certain degree they are incompetent and dishonest. We have a city Council that is beyond ridiculous. We are $9 million in debt and giving away money to anyone who walks in the door. And they do not put that on the agenda items so people can be aware that it is coming. They sneak it in. The Pledge of Allegiance is coming up . And I would like to remind people that it is traditional but not mandatory. I have my own flag. The flag of the United States, if you would think about the words in the Pledge of Allegiance, they are false. The original pledge with a prayer not a statement. A prayer. Thank you sir . Select is there anyone else who wished to speak ? >> With that we will close public participation and go until a short recess until 9 AM. >> The Frank T. Bruno, Jr. County [ Event on a recess untill 9 AM EST. Captioner standing by ] >> Good morning everyone. At this time please take all of your audio devices, get iPads and iPhones and regular phones and put them on mute or vibrate. Otherwise, I will answer it . Let's get those quieted down so that we do not disturb the meeting. And we will start our normal meaning in approximately 5 minutes. >> [ Captioner standing by ] >> Good morning and the chamber please come to order. Today's date is April 7, 2016. This is that the Louisiana County city Council meeting. We will start up with the pledge of allegiance if you will please rise. >>"I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all." >> If you would remain standing for Marcelle Avenue three -- for Joshua people Spears

We thank you for this day of this opportunity to operate you in word and deed. We thank you for this state and county in which we live and serve. We ask that you would guide our leaders and give them wisdom, patients and discernment and all that's done. Protect those that are protecting us. Help us to never forget that every liberty we enjoy today came at a great cost. And God, that you be glorified in this session today. In Jesus name we pray, amen. CNET please be seated . >> If I could have a roll call please. >> Joyce Cusack ? Doug Daniels ? Deborah Denys ? Pat Patterson ?

Are present. Select the consent agenda items 15, 16 and 30 have been pulled . Is that correct?

That is correct.

Please repeat those Spears

15, 16 and 30 have been pulled by staff for discussion. An item 42 which was the discussion for some rail resolution for a tiger grant has been withdrawn . Select those will not be discussed today.

Other any items that you would like to pull Joyce Cusack?

Doug Daniels Deborah Denys ? Pat Patterson ? Joshua Wagner?

With that, I will entertain motions.

I would like to approve the remaining consent agenda items .

Is there of second?

Are those in favor, say Aye?

So carried. Items 15, 16 and 30 shall be pulled.

First up this morning is an McFaul. -- Ann McPhail .

And Karen Spina, are there any family members here with you ?

One way or the other we will get her up here.

Mothers have to make speeches as well.

That is what we do here .

Mr. chair and Council Members, thank you for recognizing at acknowledging one of the best public servants I have had the pleasure of working with. And that is Karen Spina. If you have served on the canvassing board, you know her. Anyone who has qualified and run for office knows her. Between several people you get qualified to run. Karen started in 1980 with the county government at 18 years old. The only reason she came to County government , I told this at the recognition much it is because she wanted to go to the beach and had no gas money. And her mother said, oh get a job. And she has been here for 36 years .

That is why we won her mother to talk. [ laughter ] She started in IT in 1980. And she came over to elections in 26 -- in 2006. At election she was in charge of the $4.2 million budget. She was in charge of 30 full-time staff members. For the temporary workers . And what thousandfold workers. -- And 1000 polled workers .

She is retiring because she really wants to be a whole worker. We have her signed up for that the chair. She is in charge of our liaison with purchasing with facilities. I can tell you the silly stories like, oh my God. And personnel.

And inventory control. What you do not know, she has a secret job during elections. And with the canvassing board -- sorry Mr. chair -- with the canvassing board meets, there is a dead time on election day. She is a charge of loading up all of the members and going and finding precincts to visit. She went down to to bury and ended up at the county line and had to ask for directions to get back. She is she -- one of the best people to work with. She deals with difficult people. She has had to call 911 before to the Department of elections. Karen, we will miss you. Best of luck to you .

[ applause ]

Anyone with the department of elections, are you here?

I would like to say thank you. And it has been a long journey. I have seen a lot of changes. They are all good. It has been worth it and I hope that I helped in some way. Help the citizens and the county. I enjoyed it and that is why I stayed as long as I have. Thank you very much, and I love all of my coworkers and my boss. Thank you. [ applause ]

Joyce Cusack ?

Thank you Mr. chair. Karen, you have been such an asset to the county government. In so many ways. You say that you have seen a lot of changes. You come with institutional knowledge at a very young age. And you have seen a lot of change . You have been a part of that process. Not only have you seen change, but you've been one to implement many of those changes. As a candidate and as a member of the board, I want you to know that you are always so pleasant. Even in the middle of the night. [ laughter ] When things were not going so well.

You have always been the instrument of change. And the change was the smile and a pat on the back and the words of encouragement. All of those things make life worth living. I wish you well in your next venture. I know that your road will continue to form as you go forth. You still have a lot of years to do a lot of things. That is a good thing. I am sure that our paths will cross again. I probably will not remember if you have a baby or if you were one of my students or a patient of mine. Just keep me informed as to

who you are when we meet in our journey as we go forward. I wish you well. Enjoy your family and enjoy all of those things in life that you put off for another day. There is no day like the present day. Take care, Godspeed and I certainly wish you well. And thank you for your commitment and service to the citizen of this county.

Deborah Denys ?

Enjoy your retirement. What is interesting is what your mother said. The, get a job. Go be successful. Have a bright future. And a great retirement. I'm sure there is more for you after this. This is a new beginning for you. Also but I hope , that this is not a pattern of the election year. And thank you to your entire department. This is a team effort. We thank you all very genuinely. And you have big shoes to fill. Enjoy them and I am sure that you have poured yourself into someone else who can come behind you. Thank you.

Pat Patterson ?

Thank you. As a candidate who has been through 11 elections, I have always seen your smiling face. It has been wonderful. It is stressful enough running as a candidate. And coming into an office in getting the help that you need is important. I see that you have your mother with you. Did you introduce the other two people?

My fiancé Daniel slaughter and my sister Sharon Irons.

I am not used to seeing Daniel with a tie on.

Thank you for everything. >> Doug Daniels.

Thank you. I appreciate you. You have been terrific to me. I would be remiss if I did not say one more thing.

You work for one of the best supervisors in one of the state of Florida. She is a good administrator. My impression from dealing with you must be correct. You must be very good thank you.

And James Dinneen .

I want to thank you for your service. That is a long career. It is people like you that have made the reputation that the department has second to none. I agree with Mr. Daniels. It is probably the best run elections department in the entire state of Florida. Also, if people knew what all of us get to know what happens behind the scenes, you protect the democratic process. If people really knew as well as we get to know -- when the people find out and see, how to the

detail you are making the election fair, honest and complete, the citizens would be more proud of what you do and how proud we are of you. I want to know one thing. I assume that they allowed people to start here a lot younger than we do today. [ laughter ]

Thank you once again.

Fred Lowry.

Thank you. I want to echo what Councilman Daniels has said. You and Connie knew so many things that I did not know. And you could have made me look and feel like a fool. You made everything smooth. I appreciate your help over the years and you have done a great job.

Joshua Wagner.

Everyone is thinking you I am apologizing for being such a pain in the ass. [ laughter ] It is hard to run for office. It was so difficult when you are running for the first time. I appreciate it. You have so many questions. It is so new and some of the rules do not add up. They do not make common sense.

And that is from an attorney. [ laughter ]

Navigating the rules is hard. I thank you.

I thank you for your dedication and doing this and enjoy your retirement piercing my turn, I am the last one.

Having sat on the canvassing board a couple of times I know that you do a great job. So does the entire staff. You did a great job.

One question is, is it true that you left here with the chair and the judge and went to Marcelle Avenue five and had to call for directions back right?

Yes.

I will never forget one day, I walked in and you had a pile of newspapers and I asked what you doing?

And you said just looking for the news on the elections

and seeing what is going on. She was going through every single article in every page. At least that is what you told me you were doing.

Yes sir.

With that, we will say thank you very much. We will take a short recess. Thank you and good luck in your future. By the way,

when I got out of high school I also joined the Army in 1980. I know how old you are today. With that, we will shake a short two-minute recess and then we will get back to business we have a lot to do today.

[ Captioner standing by ] >> Good morning. If we could take the conversations out into the rotunda. I need the chamber to come to order.

Ladies and gentlemen. Hello ? Thank you.

I am sorry to do this. The folks from Daytona are here. I need you to hold on for one moment. We have an important matter that has come to the attention of counsel. And we need to address that before we go too far. Sheriff Johnson if you would please come up front.

And James Dinneen.

If I can, I have asked the chair to allow us to present something. The sheriff and I talked. The sheriff was in the paper this morning about the tragedy that happened at Grant and 44. One of the things that I wanted to make sure of, I know that we have done a lot of work on that intersection. It is a state route. I thought it would be fair is to know that the county has been doing, what participation we have shown in working with the state on that and where we are at this point. I thought it was important enough to talk about it first thing in the morning.

Good morning Chairman. And county council members. It is with a heavy heart that Ben Johnson and I are here before you today because of the tragic crash that occurred this past Tuesday. I want to go through a short timeline of what the county staff has been doing and working and cooperating with the Department of Transportation. The state and the owners and operators of State Road 44. County staff, in cooperation with the Department of Transportation has been working on monitoring this intersection for the past 10 years starting in 2000 10 years starting in 2007. There were two studies that show that the traffic warranted a traffic signal. Last year we requested another study. At that time the signal was warranted.

And once new signals have been warranted, whether or not a traffic light or a roundabout should be justified, it met the criteria to do the further study of the roundabout. The roundabout study was completed last year in 2015. It did recommend a roundabout. With that being said, the DOT did not have funding at that time to start proceeding with the design right away and the construction of the roundabout. The Council in March, this was one of the projects we sponsored on the half of the DOT

to seek IT S safety and traffic operational funding through the state and federal program. We submitted the application this past Friday.

Now, we are waiting to see if the money will become available. With that, I would like to introduce Sheriff Ben Johnson so that he can make a plea at the request.

Good morning. Ben Johnson with the county share. I am here today to try to enlist this counsel to start posting the state of Florida to do something about this that the intersection. Since 2011 there have been 33 confirmed traffic accident at this corner. 22 of them have been angle accident.

We had a traffic vitality in 2013 and 2010, and this week we had this tragic accident. This is 33 accident at this intersection. We all realize how critical and hard it is to get funding. This is our major East/West route.

At this time, it is one of the more dangerous intersection. Grant Avenue is one of the few rows that goes from the south to the north end of the land -- DeLand.

This is something we cannot let go. But we can work to prevent another tragedy from happening. I believe that immediate action should be taken to know where the speed limit going through the intersection. That could be done quickly. If we slow it down some, it should help. It is not what we needed we have to do something , a traffic light or roundabout, it does not matter. They preferred the roundabout, that is fine. But let's do something. We have to get together with the county to start pushing this to make sure that the State Department puts this on their drawing board sooner and not later. If we put it off, I can assure you that we will have more traffic the totality if we do not get this done quickly. That is all I can say about it. I strongly feel that we need to band together to do something about this deadly intersection. Thank you very much.

Thank you Sheriff Johnson .

The reason I felt it was important was because of the nature of this tragedy. This is not an attempt to throw the state under the bus.

The sheriff is right. We need to push to get funding for this.

I thought the citizens needed to understand that the county has focused on this as much as we can. It was not until last year that they agreed that it was justified to do something at the intersection. They have been diligent and trying to find an answer. It is a state route. They control the speed limit. The other thing is, the type of traffic the -- the type of traffic device that they want to use is dictating to us. This is for everyone's education to bring us up to speed. I appreciate the shares my marks. -- I appreciate the sheriff's remarks.

What is our next step?

I think what the sheriff said. That we have to push in terms of transportation to move forward to try to get the state to fund this. Obviously, based on the wishes of the Council, we can put something together today if you would like to re-emphasized the need to push this to a higher priority not only based on the accident this week but all of the serious accidents we have had today. I understand that this is a big state. Sometimes, you have to make sure that you are the squeaky wheel. We need to be that in this case. I think it is not a knee-jerk reaction. They agreed that something should be there. Now, it is all about bunting. There is already a plan. We need to send something to the state to try to make it a higher priority.

Mr. Daniels ?

We would have to go to the state of Florida to get them to lower the speed limit, is that it?

I believe that is true. Because it is a state route, the state controls that.

We cannot do that?

I do not think that we can do that.

These roundabout are complicated. And they typically track out forever. A traffic light would be quicker. If we could get a traffic light, and I do not want to diminish the roundabout. It may be a great idea and a better solution. But as a temporary solution, putting up a traffic light does not seem like it would be very expensive and time-consuming. What about that?

What I think that we can do, because of the serious nature of the accidents we are having, we can ask them in a letter that we would like to have this permanently fixed but we also want a temporary fix.

I think we ought to do that. We cannot let something like this happen again. It has happened too often in the past. This is not an isolated event. We need to do something now. And we need to ask DOT to do something now. The roundabout may be what they want and and a better solution, but these things take time. And a traffic light does not take much time at all. A couple of weeks, you can put one of those things up. Thank you. That is what I would suggest. That is what we should have in the letter. We should come up with a temporary solution right now, and if the longer term is of roundabout, that is fine.

Mr. Patterson ?

If we could get a traffic light up in two weeks that would be amazing. It took one and half years to get one up on Martin Luther King. I know that the entire 44 quarter

-- Mordor has been a concern of mine. I live in a neighborhood

where the traffic backs up for a couple of miles.

I have been a chair of the traffic planning order for more than a year now. For some reason, people come out of Lake County and accelerate when they hit the bridge. A traffic light, when they come over the other railroad bridge, they are moving.

When people see a yellow light they start moving like crazy. I have talked to share Johnson's and the deputies this morning. They have been doing a lot of enforcement over there which is good. I am looking at eye for right now. Over the last few days they have passed out over 400 tickets. I talked to the national safety Council for 20 years and I have trained students for 15 of those 20 years. It is amazing what goes through people's mind when they are driving a car and are in a hurry. If we could get a traffic light out there in two weeks that would be amazing to me. There is a lot that goes into it. Roundabout will solve a lot of problems. This brings to light the entire 44 quarter -- Mordor . This is a problem. You cannot do anything about it as you go through

DeLand.

The road is a mess over onto Kramer. And with the school board having a piece of property there and heavy equipment is a problem for the neighborhood. It is dangerous to people in Kramer. People are jumping out of the way of cars. The whole area is a problem. It is not just grand Avenue. It is the entire State Road 44 area that we need to concentrate on.

In all fairness, I mentioned that long before this accident happened, Pat is not doing himself justice. He has been pushing these issues. There are a number of dangerous things on 44. They have been highlighting and he has been making it clear that something needs to be done. It is a big County. You have different intersections that have problems. But because of the nature of the speed on the road, the geography of the road is such that it gets dangerous. I think people need to know that Mr. Patterson has been arguing for the state to spend additional money to make changes. Anything we do -- I think we ought to do now to do something in writing to the state and try to underscore that the time has come. I know they have priorities other places, but we need to be the squeaky wheel.

Please let me add something. All overt Volusia County, we do not have enough money to take care of everything. The LPGA will be a big problem. You have people going on the interstate to avoid Williams some. And that is causing a lot of problems over there. It is a sign of progress when you see what is going on. Our infrastructure needs to be handled. Whoever takes over after I do on July 1, I will still be on the TPO and working all over. Traveling around the state, it is huge all over the state the amount of tax gas revenue being generated is not covering it and not doing the job.

Mr. Wagner?

When I saw the news and read it, I wanted to throw up. I live in that world because of what I do as a personal attorney. I have been an attorney for 10 years.

Over the past three years I have been doing a lot of wrongful death. Lately, it seems that everyone is texting on their phone. Our job is public safety. Here we sit, we knew this was a problem. I can tell you what we should be doing as part of this, is doing an analysis of everything we have on the drawing board for accidents. We have so many dangerous intersections. It is success in the sense of the jobs that have been created. But we cannot get a half cent sales tax discussion. And we should be saying, there are safety upgrades that we should be doing and people are dying. Kids are getting burned and dying. And we as policymakers cannot have a respectful discussion about doing things. We fight over where money can go. We have a population that is double that the average in the United States. What will happen? It will only get worse. We cannot come together and say, let's go after these dangerous intersections. Let's look at last year. How many kids got hit for not having a sidewalk ? . Not having sidewalks and Wes Volusia ? In here we sit now with another situation that is horrific . It is hard because it is difficult as an elected official because you will always deal with things like this. There is no funding to do what we need to do to keep up with population growth. It is not there. Do we have the funding ? Does any city have the funding ?

We kick the can down the road and we do not discuss a one penny sales tax that can fund safety upgrades. You can go to John Chaney and say give me a report of every intersection. I can tell you half of them. I have clients that have gotten hurt. You can look at the crash statistics and say, this is a problem area. But we do not have the money. Sometimes we act like little kids and we cannot have discussions to get the funding necessary to do it. The state has to match the funding. But instead, we kick the can down the road. And what happens? As public safety, this is our job. Like I said, this is only going to get worse. What we need to do is focus our attention , and I will not be here when it happens, but we need to start looking at these roads and sidewalks and the TPO and not just look at this funding mechanism as a way to build new roads. This is to make our communities safer. That should be the discussion. I do not understand why it is missed and why we cannot have that discussion? It drives me insane. I do not have much more to say that it is upsetting to know that we have these statistics and we could not get to it, we did our best. We have our limits as accounting. And I appreciate John and all of your hard work. This is not the first time we have not had something like this. When everyone is discussing the one penny sales tax next year, remember this. Remember the situation. Things that we could be funding to make our communities safer. Thank you.

How much is one of those traffic lights? Does anyone know? How much does it cost to put a four-way traffic like that intersection ?

Between 150,000 and $250,000.

I will stick with a high number 10. -- Then . I understand that this is a state road. And as Mr. Wagner said, we are kicking the can down the road. I'm trying to stop kicking the can. What would -- what if we put it up ourselves?

If it is a state route, you cannot do that. It is not just this one in a section. We need to send a letter. What I would like to do, I can have people draft that for you today. So later in the day you could do that. These get into expensive solutions. It is a bigger issue for the state. The problem with trying to pick out one interchange is that in some ways, the crash will be at the next one that is bad and you cannot have money for that. We are not funded for this. I think the greater question is, highlighting to the states, they tied up the excess they had. Bottom line is, it is about what priorities matter. We should do the best we can to make sure they understand this case. There is a larger issue for funding for roads. And the gasoline taxes not keeping up her they will not increase it. And it is a smaller portion because of the gas that is use. There is no simple solution. One of the reasons I wanted to show this today, it is a lack of funding. Not a lack of professional responsibility. Until last year, they did not agree that it warranted any type of traffic device. The reason they say it is warranted now is because of people like John and his department who made the case that it warrants it. That is only issue that they decided this. What I think we should do first , I can start them drafting a letter today. I do not want this -- I think we should say something to the state.

Is there any objection from the Council for having this letter drafted today so we can read it this afternoon

Any objection?

Let's get her done.

I have only been in government for three years. To me, sometimes the simplest answer is the easiest one. And sometimes it is the right answer. Putting up a traffic light it temporarily until we get the roundabout complete it. I am looking at this diagram. It looks like it would work well.

[ Indiscernible- multiple speakers ]

We will draft in their that if there is some opportunity where they can do something in the interim until they get it in. I think we should draft in their the serious nature of this and see what we can get them to do. I am hoping that they will take this seriously. Job will start working on that. I will have a letter drafted today so you can approve it.

We need to put a little fire under their feet. Not only on this in a section above for future intersections . Also what we could do, I would ask if you will let the sheriff signed off on the letter as well.

Let's do that. Thank you very much. I hated to interrupt the meeting but this was important.

I think this is highlighting how critical are transportation planning organization is. This is probably the first example that we can say locally to those who sit on the TPO to represent their communities and major that they have a voice. I understand what you are saying about budgeting and growth and jobs, but, this highlights impact fees. If we are going to look at funding sources straight across, we have to look at that. It's not just about the jobs. I know that in my district, you have 44. It is backed up at 95 all the way to the beach. Starting about spring break. Don't talk about bike week. The motorcycles, I do not care if you have a roundabout or three lights. It does not matter. They will run it impacts of three or five. They cut around the vehicles and back up onto the sidewalk. There is no way that you can enforce every law that we have. This is controlled chaos. We have pockets in Volusia County because of where we are

that are controlled chaos. Perhaps we should kick up some enforcement and enforcement and say, enough is enough. There are increased accidents on 44 in new Smyrna Beach. You are right not to take -- just to put blinders on. This is the first tangible example where we can sit down and say, we have to do something about transportation. Start the civil dialogue on a dedicated transportation funding source. What is missing in all of this is, it seems to be the temperature of our current day is a lack of civility among elected. And some management.

It is who we are. But it is time for action. I support whatever we can do to help fix this. Again, but the planning organization. But the center front and all of this. This is a state road and we can say whatever we want. And with the best of intentions, we cannot fix this by ourselves.

Should we also have the city of DeLand support this as well?

I believe that they should send their own separate correspondence. This is not the norm for us. I think that sending this letter. I think with the media attention and the sheriff signing off will get people's attention.

Sheriff Johnson, thank you for coming to the forefront and addressing this in helping us take a look at this this morning. Thank you for that all that you do and public detection.

Mr. Daniels?

I recently had the occasion to take a road trip from Volusia County out to Colorado and back. I do not recommend that to anyone. On part of the trip , it was going through the great state of Mississippi which is there to make Alabama look wealthy. The one thing that they did have in Mississippi that I thought was very good is on their rural roads where they had traffic lights, in front of the traffic light, they would have a light that would flash amber if the light was going to turn red. You would know that the light might be green at the time, but you would know by the time you got there that the light would be red. With that sort of warning, were talking about people coming out of Lake County and driving fast and that sort of thing. And it lets them know that the light will change and they may slow down. Florida does not do that. I'm not sure why. I thought it was extremely effective in Mississippi. Thank you.

Actually, we have that upon 92. By the jail area. When you come around the corner and you are heading towards Daytona or the corrections office , as you come around the corner the light starts flashing women is going to turn red. We have that upon Highway 40 and Highway 17.

It is very effective.

I will have the letter for you for the first thing after lunch.

Thank you share for coming in and discussing this matter. This was a horrible tragedy. And my personal condolences are going to the family. We need to get this fixed.

Thank you very much.

We're going to move on to item number two. Which is the one Daytona project update.

Now you only have five minutes. [CNET --[ laughter ]

Can I make a comment Mr. chair? Can I make a comment on 44, I received a message that said that they would be happy to partner with this. To help to secure funding for this project. People are talking. Hopefully we have hit our target.

What we have before you today is an overview of the one Daytona project. We try to set it up for the most convenient time for the people from one Daytona and the people for the councils need for information. I am happy to say today that this information you will see is the first time anyone has seen it. You will be the first ones to see it. They went out of their way to be as accurate as possible. They felt that because of the concern and investment we have in this, we should be some of the first people to understand the project. If you have been over to the site you see that they are moving dirt. If you want to introduce everyone.

Thank you chair millionaire -- thank you Chairman and members of the council. We are excited about this process and progress we have made. Coming off of a very successful Daytona 500. We had over 100 media outlets present. We captured that to help us with the one Daytona project. To date with me we have done name Mac -- we will take you through where we are today and where we are headed. And then we will answer questions that you may have.

To give you background and update on the scope itself, we are developing 300,000 ft.² of entertainment, dining as well as retail space. In addition to that, our anchored tennis are asked Pro shops and PF Chang's and victory concepts. We will engage the community and engage a lot of race fans and we want to enhance the guest experience. And we also want to provide a great opportunity for the community and the region. In addition to that, we have announced with the Daytona, this is a Marriott product. It is a full signature hotel. We believe it will be one of the best hotels in the region. That will help drive and create critical mass, tourism and help us to keep that customer for longer periods of time. We have announced another Marriott product called the Fairfield Inn. Of scale. That will be on our campus. It will be at a lower price point but it will continue to drive the overnight stay. We are building a residential partner. We will build 276 apartments as well as garden style apartments on the east side of the campus. And we will show you a layout. That will create critical mass and permanent residency for one Daytona and continue to drive and add value and wealth, not only for our shareholders but for the county and community. And other architectural features that we will have.

We have a parking structure that will be included as well as lighting and landscaping. It will be premium and top-of-the-line. It will be destination type settings. It will be something that everyone will be proud of. Our team has come up with the concept of public art throughout the complex. That will give us some unique opportunities to display some of our local artists but future artists. It will give a nice pop and eight unique setting for the campus itself.

Our anchor pads, those have been delivered. Bass Pro And Cobb the gators. -- theaters.

We have positive leasing progress to date. We have seen a lot of momentum from the Daytona 500. As we are able to set our site plan and get out to the market, it has been positive. We have made several great announcements and we will make several more in the near future. Every leaf that we have signed to date is 100% coming from outside of Volusia County. We are positive that we will meet that trend.

The one Daytona construction phase, it will be over 2000 construction jobs that we will be creating. That is eight $96 million impact they are. And the overall economic impact will be $254 million. That is just the construction phase. As we continue to move forward with the overall project, that will continue to grow and create wealth for Volusia County . It will create jobs and overall impacts as well. The federals get their piece as well. Roughly $20 million.

This is a shot of a rendering that shows towards the north the facility, or the campus. We have identified some of our current tenants. Bass Pro And Cobb theaters. our our anchor tenants.

With that, I would like to introduce duck. -- Doug .

Good morning. On the bottom of the slide is the international Speedway Boulevard. At the pedestrian bridge is in front of Bass Pro. We are doing an extension to the pedestrian bridge. You see the ramps . This will take our fans right into the facility. And it becomes a great crosswalk. We are hoping to connect these two facilities.

And hopefully we can do cross events at the Speedway.

Our office building is on the right-hand side. As you come pass the parking lot and into the facility, that is Daytona Boulevard. In the long line going up to Cobb Theaters are retail facilities. Off to the left is victory circle.

Up to the top left side is where we will have our bus operations for events.

This is a shot looking down Daytona Boulevard. The circle on the lower left side --

Just the you know with our new technology, you can annotate right with your finger. And if you want to clear, hold clear for a couple of seconds.

Thank you.

In the center area, right in their , this is an island. We see that as having a couple of smaller pavilion type buildings with a fountain and places to sit. That will be your general gathering area. Off to the upper right is our parking deck. It will be a one level deck. The second level will be parking for the hotel and residential. And part of that, we will put screens on their to ask some detail to the deck. So it's not just a parking deck. We're trying to make an integral to the design of the rest of the facility. The three Circle is down in here. And we will see that here in more detail.

Victory circle in the center, we have a shade structure. The unique

thing about victory circle is we will put in a fountain. It will be a show fountain. You see just above victory circle at the hotel there are two large video screens. Those are 50' x 14 one piece. The show fountain will be able to have music and we can coordinate the video screens with the fountain. We will do that a few times in the evening. That will be a part of what we do to animate victory circle. The space is our event space. We anticipate having a lot of events there all year long. We want to have a chili cookoff and a car show. And then we have our events at the Speedway. We see that being packed with people.

This is one Daytona . This is the autograph collection by Marriott. On the lower section is retail. It is a 144 room hotel. There is an outdoor patio on the second level. That will overlook victory circle. We hope that some of our restaurants will also be able to activate that space. This is the Fairfield hotel. It is just north of our office building. Very clean and modern. And the two residential projects. The one on the top is the four-story rise project. And the one on the bottom is the three-story walk-up. Both of them are very attractive. And they fit in with the overall design of the one Daytona. And this is the Cobb Theaters. The walls are going up. If you get past that area, you can see where we are starting to set steel.

That is a general overview of the project. I would like to bring up top to talk about Bass Pro .

Good morning. It's a pleasure to be here. I'm excited that you invited us to come down today. As you can imagine, our relationship with NASCAR racing has been a tremendous project. We are excited to be here and having a premium location. We see that as a tremendous draw for people to come and visit the rest of the center and participate in the rest of the activities.

In the state of Florida we try to regional lives -- regionalized the architecture. The stores and Florida take on more of a stucco finish . There is more of a brightness. This is the view from the office building across the pond. This is the east side of the building. This is the side of the building that would phase international Speedway Boulevard. It has an 8000 ft.² boat display.

As I mentioned, Florida has been a good relationship for Bass Pro due to the great number of outdoor activities and resources that are within the state of Florida. This has been a tremendous market for us. This is our 11 the store in the state of Florida. This is the grand opening of A last July. That day we broke some store records in terms of scales -- sales. Again you could see the architecture is enough people start lining up early in the afternoon. It is quite the event.

This is the Tampa store. Each store has an aquarium feature. The store in Daytona will be a 2 story building. This will be a representation of a Florida sinkhole. They create a natural phenomena -- or a thing of interest and people tend to gravitate towards them. In the Daytona store this will be half as tall. When you enter the store there is always a welcome lobby. And we showcase local fishing records. It's also a warm and welcoming environment. We have our own fabrication shops. We have artists on staff. We create a lot of features in the store. They are handmade and invoke regional influences. This is another aquarium from another store. We will have a full service archery range. For customers to try out some of the product or we will offer a full line of hunting and fishing equipment and outfitting. That was a quick overview. But we are free to answer any questions that the Council may have.

Thank you. We do have one citizen dissipating before we go into questions.

And I only have one comment.

Sinkholes are interesting until they formed under your house.

We had talked to the Speedway about making a connection tween the Marine science Center in terms of an aquatic feature. It gives people connected to going to see the Marine science Center. It would be good to give people a prelude to what they can see and visit and find down at the science center. We talked about making that a focal point for his neck that is exactly right. Those are the type of tenants we are going after. Not only to help support the overall campus but are very involved in the environment. They do an outstanding job. With that, thank you very much for allowing us to come today. We are in the process of doing a construction celebration. We are looking forward to that. We are gaining a lot of momentum and excitement. Thank you very much for your continued support and partnership. And we will be glad to answer any questions.

We have a citizen requests. We will go ahead and ask Mr. Morton Culligan to approach the dais.

My name is Morton Culligan from DeBerry. I would like to ask the Council Members to ask themselves

why did these people have to manipulate $20 million from Volusia County taxpayers? And $40 million estate incentives. Why did they not go to the bank? This project was pushed by the multibillionaire family. Why did they have to go to the taxpayers? Don't they realize that we have Volusia County debt ? No. They want money from us. $20 million. Please ask yourself if a bank robbery happened in DeLand if it would make international news? As I stated before, the family , they are billionaires. This is a speculative shopping center. A high in shopping center. I cannot afford to go to the Daytona international Speedway if I wanted to.

But I don't. I am busy paying my taxes. I do not appreciate Daytona getting all of this money. I live in a County. We have a big

can of nothing down and DeBerry. We have debt and poverty, that is what we have. We cannot afford your height in shopping center for these Braithwaite bands. -- For these Braithwaite bands.

We need the money for

infrastructure and not for spoiled race fans.

I would like for you to consider the county debt as we give money to the multimillion dollar speculators. Volusia County is in debt. And the Raceway

has so much money that they could pay off the entire Volusia County that. They want to beat the taxpayers out of money. And you people are complicit on it. You gave these people $20 million. And you think it will help us down on our end of the county ? We are sick of paying for Daytona. I don't care about the international Speedway or the race fans. We get nothing. We just get the bills from Daytona. Thank you.

Thank you Mr. Culligan. Is there anyone else who wishes to speak?

I will turn it over to the County Council. I congratulate you guys on your hard work. I am one of the ones who asked for this update. I have driven down there. Down 92 going into Daytona. It surprised me one day when I drove around the corner and I looked and there is no more grass, just piles of dirt and machines. And I looked at the calendar and said, my goodness, where is everyone going to park in July? You have that answer appears that we do and that is a good question. Our plan is to have our bus terminal for Daytona international Speedway, it will be done before the July race. And we will make sure that our customers are able to park on property. On the DIS side and at the one Daytona project as well. And we also own Volusia point. And we have the capacity for our higher end folks parking there as well. We are working closely with the staff

at DIS to make sure that there is no interruption. That is not what we want to cause. During our race weekend, that will be buttoned up. We will open up our doors

and it will be a well oiled machine.

So the big question is, when I come in out of Pierce and, 95, where do I get off to park at the international Speedway?

What will be the easiest way in there?

[ laughter ]

Mr. Daniels ?

Thank you Mr. Chairman. It sounds like a terrific project. As Mr. Culligan pointed out, there is a substantial public investment that goes into this project. For that reason, there is at least a moral obligation on the part of everyone involved to make sure that this project winds up being in the public interest. We all voted for that on faith that that would be what would happen. That we could look at this project in the end and say, we did something good. We did something that was in the public interest. Something that made a significant difference to Daytona Beach. And what I am asking you to do right now is to bail us out. Make sure that you do it. Whatever it is. I cannot tell you what it is. That is not my skill set. I do not know what it would he, what it would look like, what you would have to have two make that work. Realize that the public investment that went into this, and there is an obligation to make sure that when the public looks at this, the average member of the public looks at their money was well spent. That this was something worth investing in.

Thank you very much. Please bear that in mind.

Absolutely. We appreciate the public/private partnership. Our intention is to make sure that this is a sustainable project. The tenants have signed long-term agreements. And by doing so, that will help to ensure the sustainability of the project. And with the public infrastructure that we will be building, it will be destination and more tourism. And our community will be proud on what we deliver. Thank you for your comments .

No further comment, thank you very much.

We will move on to item number three. An open up the public hearing. Amending the beach code to the annual passes to comply with federal and state law.

This was a solution that was a good mood solution that we came up with. That we deal equitably we said that we would be ready on April 7. And here we are today and the passes are printed.

You will see them here. Would you like to introduce everyone?

John and Julie. Good morning Mr. chair and honorable councilmembers.

This is an ordinance change to the beach code . There were a few vendors that have been given discretion

to be on the beach with an annual pass.

We have closed the opportunity down. And it was presented to Council for consideration to offer an annual pass for these notices on the coastline. And for our guess the come into town.

I think the agreement was for $100. And we will explain in detail how this is implemented. I would like to introduce Andrew Clayton. He is the vice president of revenue collections. He has brought in a lot of good staff and good training. He has been doing what we have asked them to do. As these issues pop up, we are trying to address them as they pop up. This is important for our local business community. I will let him explain . How these passes can be implemented. [ Captioners transitioning ]

>>Is fairly similar for the residents, a different price point and we will be administering through our software. >>We you make sure that it is on the screen so everyone can see it in the audience.

>>All right, John, that is $100. >>The past has no value until it is activated through our system as our all the annual passes that are sold. They must be registered in our software in order to have some value.

>>As Ms. Denys is pointing out it would make an interesting T-shirt. >>The day is not over yet. >>Anything further? >>I have nothing further if there are questions. >>We will get there in a moment. >>You have the floor am -- mamma. >>When counsel asked us to address this item we had to go to the beach code and in doing so we found some anomalies that golf carts are not allowed on the beach. Council restricted them a number of years ago to help the golf cart concession. It caused us to reread supervision's in the beach code to make sure that we were fully compliant with counsel's request. The code in front of you does a couple of other things besides just provide this past and I want to walk you through all the parts and pieces.

>>We cleaned up the definition under animals related to disabilities so it can apply with the ADA and the Florida statute of disabilities so we cleaned up section 20-113. We cleaned up a section on fishing, the term sure is not defined of our code -- in our code and beach patrol is having trouble enforcing that was a we cleaned that up and said water's edge. We went to section 175 and [ Indiscernible ] the provision that prohibited go karts from being on the beach since that is one of the vehicles we are addressing. We also cleaned up provision related to special events that had been appealed since the mid-90s. Going directly to the annual passes we provided for the annual passes for low-speed vehicles golf carts or motorcycles powered by a motor with a displacement of 50 cm³ or less. People tend to use the term scooter but Scooter defined under motor vehicle law is actually a standard vehicle with no seat. Scooters are truly motorcycles with [ Indiscernible ] and a drivers license and can be operated by someone who is 60. We made sure we complied with the Florida motor vehicle code in our definition. Because these vehicles do not have a windshield in the code provided that these passes had to adhere to a windshield we provided for an adjustment so there could be a fix to the driver side body of the vehicle. And a location that is readily visible and accessible to the toll takers. >>Those are the changes that we made. We believe this cleans up the code and it does what the Council wanted which is to provide for the opportunity.

>>If I may. In the military when we all go to post we have these stickers very similar to the stickers and they are designated by your rank and stuff, but it has to be at a very specific section of the bumper of your vehicle. When you go through the gate and you get access to the post, the gate guard looks at your front bumper and says [ Indiscernible ] you get the appropriate greeting for the day and then you drive through. You are saying on the driver side of the vehicle that could be a very large area. >>Yes, sir. But to describe it for all the different types of vehicles, the doom buggy, low right vehicles, the scooter type 50 mL -- CC motorcycles. This was the best description that we could give and it has to be scanned. It is not like it can be on the bumper. There is no bumper on somebody scooters.

>>I was thinking more like a motorcycle is [ Indiscernible ] it is a X to the front left fork [ Indiscernible ] that leaves a large area. >> People in the tollbooth actually physically look at the vehicle and they use a handheld reader. We have accomplished that. Another thing that came out, one really good thing that came out among others, there were several of raising the fees and rethinking how we are doing things on the beach was a new vendor has done wonderful job pointing out what we have had some flaws. One of the things I have heard from people because I do think everybody thinks we are pretty fair especially with residents and $25. Everyone wants consistency. That is the thing that we arch driving -- we are striving to make sure that everyone follows the rules. The nice thing is that you have made uniform. There is a way to make it work. We told you we will look at the numbers and if you want to change it, people want to be treated uniformly and that is why I am getting back good comments for people in the interview some of these people at the booth and they said as long as you are consistent and everyone is treated the same way, what this shows is we are trying to make that a very uniform process. Over the years, it is like anything, it has gotten sloppy overtime and we are trying to get about where it needs to be. >>One other thing, completely different than this just so you know because it relates to the beach. I talked to George [ Indiscernible ] with the beach safety people about a campaign for the hotels and lead with them something for their lobbies and dogs being on the beach. We have discovered a lot of it is from people from out of town who do not know that they can have a dog on the beach and they are not entering where we may have had a sign. Now what we are realizing is they may have come from a condo they are renting or a hotel. Just in case you here, because we are always doing things with the beach to display uniformity and we have actually had residents contact me and say I'm a resident and I can bring my dog and why are people from out of state doing it. I want you to know it is not widespread but I asked George to put together a program to meet with the hotels in the condos to make sure they do something in the lobbies saying to visitors from out of town, I have approached people who did not legitimately no. -- know. I have gotten complaints from residents who want us to do a better job. >>I think this a call this is what we said we would try to do and I think it is fair and I think everyone realizes it is implementable and we can be consistent with the. >>Unless you have any questions, if you pass it today, as of later today and tomorrow these will be available. That should solve our issue. >>Just in conclusion we would ask you to adopt the ordinance as presented to you. >>Thank you. I was waiting for the disclaimer. In the other staff report on this matter? >>We will close the public hearing on the staff issue of this matter. In a public puppet -- participation? >>Nose or. >>[ Indiscernible ]. >>To be clear these will not be purchasable at the tollbooth, correct? >>Yes miss Denys they will Corneille through Nathaniel's office and Nathaniel will send a representative to their site there obviously is 10 or 20 golf carts or scooters and sending them through the tollbooth would be difficult. They will be sent out the business and they will be scared -- stickered at the business and they will be available at that point. >>I understand that. My question was they are not available at the tollbooth is that a no? >>They are not. >>I think that will be important to deal with some of the issues that we have dealt with in trying to bypass systems that we have implemented. They are not purchasable at the tollbooth. That needs to be really clear. >>My understanding is if someone walks up and questions them will people be prepared to explain to them exactly how we will handle this so they are not left unaware of how this will work, correct?

>>Correct. The reason for -- >>You need to identify yourself.

>>Andrew [ Indiscernible ]. I apologize. The purpose for this is these are rental pieces of equipment.

>>I understand. I understand why we are here. I am the one who brought it forward. We need to just strengthen some gaps and we had done that, thank you, staff. This is good and it has been a blessing in disguise. Thank you for clarifying and updating some language that needed to be updated in the ordinance. I think this bodes well for use of the beach and access and supports our business community all at the same time. I think this is a great win-win. The only thing that I will tell you and what I would ask. The individuals at the tollbooth, when they are confronted with a question from a resident that may have been able to in the past or a condo renter by a pass or have one on the piece of paper cardboard and they switch back and forth, we know that has happened and we are cleaning that up, but the individual at the tollbooth response should not be I can't do that they won't let me anymore. The message has to be, if there is a worker a couple without I am okay with releasing them to the future. >>One thing that we can do, that is a very good point. Also sometimes someone does not want to hear the answer. I thought about this before you forgot to ask this, John, one thing we should have is an actual handout that says if they have a concern about this or a better [ Indiscernible ] give them a name and a number to call. Then we will have one of our professionals that can answer and explain the situation. Sometimes you can explain to people, sometimes they don't want to hear about it but in some cases it is the policy decision and it is not the person taking the toll it is us. Let's make sure that we have something so we do not leave them with I don't know, I can't answer, here is who you should officially contact and this person can answer your question. >>That is a very good point. >>They don't have an opinion on a policy. It is not their position, they are there to implement the policy and the code that the Council has set forth. That would also insulate them, Mr. manager. It could be some of the same folks and people have been coming back and forth not to put them in the middle of a situation and insulate them. I think that can help all the way around. I have to tell you I am hearing, I live in [ Indiscernible ] beach and sometimes I hang around just to hang around and listen. I get quite a bit of input from individuals and we need to be clear that this is the county position and enforcement or direction or change is not to an individual worker at a tollbooth.

>>We will get a card out to shows who they can contact. Here's the other thing, sometimes somebody might have a question about something that we had not thought of. In some cases they need to have a discussion with us. That is how this policy grew out of finding out this did not work. What we may have to do is find a situation where that person has a genuine issue and we may have to deal with it in a different way. That is a better way to go. That way they have a place to call and get an answer. >>I think Council has been very receptive to this and adapting to the request and changes that have been requested and asked for. This is a very positive thing. With that Mr. manager I make a motion to approve the ordinance as written. >>Motion for approval. Seconded by Mr. Patterson. >>I was just going to make that motion. I think we are ready to move on that. It is well done. The documentation was so necessary and I think all of the i's have been dotted and the t's cross. >>All those in favor for calling for the question, that is what you said right? >>All those in favor signify by i. >>I have one no. I will give you time after the vote. Very well. With all that said the question has been called, motion is for approval of the county ordinance.

2016-08 Amending the beach code as the annual passes for slow-moving vehicles and other sections to comply with federal and state law. All those in favor please signify by I. All those opposed. >>Mr. Daniels is a pose. Motion passes 6-1. >>Mr. Wagner, did you have a comment? >>Yes I can bring it up at the end of the day. But the people I need are here. Remember a month and a half ago I brought up the [ Indiscernible ] beach and some things we could do to partner with them and try to figure it out. The issue we are having, we did not have enough time to really do this as far as what they want to do, there are some neat things that we can do. One thing they wanted to do is they are here for five days and they wanted to try to make, they have no problem paying for B passes is to figure out a mechanism for people who come to [ Indiscernible ] beach the big thing is they [ Indiscernible ] in a big parade and it makes the beach typical to deal with. They wanted to do so people could come and go so it is not like a big, everyone goes all at once, spread it out. The issue with it is we do not really do a five day pass. It just does not exist. We are going to have times where they are unique which would make sense each from a beach management situation, you are spreading them out among five days rather than all at one time in a couple hour period. How do we -- what do we do to deal with that? >>It is unique. It would make sense for us from a collection of money, management. >>We used to have five day passes and twilight passes and four-day passes and three day passes and all sorts of things and Council made a policy decision to wipe all of that out and go to just and annual out of County, annual in County and a pass. We can look at the issue again, if it is five days -- >>It to be three days or seven days. This is unique because it helps us. >>Let's look at this. Give us time to look at it. I think there may be a difference if it is related to a specific special event. That is different than just an ongoing three-day pass. The new start getting people playing games like not wanting to put the stickers on the windshield. If you have some suggestions, we can look at it. I think we're trying to go out of our way to find ways to make it work. You are asking something like we do a special use permit like it is a community event. That to me is easier to deal with because then you are trying to accommodate a larger event. Let us at least look at it so we do not undermine what we have done so far. But we will clearly look at that. >>We have had conversations and trying to figure out [ Indiscernible ]. >>It is a good point. We will be glad to look at it. Sort of like we did in the passes sometimes we have a solution that works for everyone.

>>Mr. Daniels. He left.

>>Just some equivocation. I am sure the event is scheduled for the 20th.

>>I guess the problem I was having is we did not have enough time, it was just too fast.

>>I just wanted to make sure we are not trying to talk about getting it done for [ Indiscernible ]. >>There is no way. If we do something we want to make sure like we are doing with everything else it is well thought out. I think your point, if I understand it, >>It is not a general public and.

>>It is more of a special event. I would rather not try to development here at the microphone. If you let us look at it maybe we can come up with something that the Council will agree on. >>Obviously if we cannot get it accomplished the ideal situation, we can have staff available at a location, I think the kickoff event is a music event at [ Indiscernible ] we can offer and by multiple day passes if they want to buy four or three $10 day passes. >>Here is what we will do. We will try to do this, we will try to help them with in our rules for this event to make it better for them. Then we will look at whether we ought to have a policy that deals with this issue. Let's do both. >>That makes sense. >>People are stopping at the Tolleson have to pay for a pass and there are 2500 jeeps. >>That upsets too many things. John, a great idea. We will find a way to help them. We need to look at whether we should have a policy that takes cares of -- care of these things.

>>We will talk about back up at the polls, we do have that. It is already happening. Some of these tollbooths are backing up, I have seen shots at 92 and the exit is completely empty. Why we are not making two lanes of traffic and -- we are not effective. We are not effective. We should not be backing up and stacking this quickly this early when there is no traffic coming the other way, they should have something else out, if you have a sticker scan it and get them out. Some of these workers, I know when I got my sticker it took forever. They walked to my car, they walk to the beach, they scripted with water and they walked around and it was about all I could do not to come out of my car and say I'm going to call somebody because it was backed up ridiculously. It has not gone away. >>George is going to look into this.

>>We will look into that and also using the exit lane for entrance we do do that for a lot of events. I can talk to Mark Swanson. I can tell you one thing that does happen when we do that is we put everyone on the beach, every parking spot on the beach is then used so then there is no reason to have two on because it is better at that point if people want to leave to get them off so we can get more people on. We have even looked at some of the ramps as part of the capital program the need to have some widening and expansion. But that is a long-range solution. We are looking at [ Indiscernible ] in the mornings they will have everyone going in one direction on and as soon as there is no more parking they will end that. We will look and everyone will be backed up but then people are trying to get off the beach on the exit lane to get more people on. It really becomes on some days, unfortunately, to people off, to people on. Five cars on, five cars off. This one in particular is a victim of success. Everybody gets there and they get there early. We're working on it. We have a meeting coming up with Pam, the city manager and police forces, we do it every year and we will keep working and fine-tuning of. A lot of the work now is way out by the highway where we have to start directing people to other areas and ramps. >>I taught specifically to Pam about this and she was frustrated by the fact that people do not seem to be taking advantage of the signs that we put out telling them you might as well go somewhere else. We have to figure out is there a different message. She was saying they are out there but people still get in line. >>The signs have not been out and unfortunately what I'm referring to is not a peak time where there are no parking spots left. We need to get this handled. [ Indiscernible ] has not put their signs that yet worthy beach exit. We had a meeting last year and we talked Pacific Lee about new Smyrna and routing that one way around the South Causeway because of the median and the traffic pattern. We need want to look at as we go forward. >>As our beach folks will say we had some record days early in the year. They are ahead of us a little bit on some of this. A lot of the problems in previous years to approach more of the holiday. We'll have to get out and we will and we will continue to look at it. The idea that you mention [ Indiscernible ]. >>The idea that you're talking about me have a lot of value. If you remember we wanted to [ Indiscernible ] to tell us they wanted to try. We really need them to agree to try it. I'm not sure we got there last year. We need them. You can do this in somebody city if the city does not agree. We need to approach that again. >>We're going to move on to item number four, open public hearing staff report on ordnance number 2016-05 of many the code of ordinances to allow County employees to become candidates to any elective public office without resigning County employment and to modify other restrictions on political activity. Mr. Eckert. >>Thank you Mr. chair. The Council at the time had adopted a previous ordnance which would allow employees to run positions of elected department heads and request [ Indiscernible ] to be prepared for your consideration in hearing which would allow County employees to become candidates for any elective public office as the title says. The exception to that would be is if it is a provision of federal or state law. We have attempted, you will notice it was easier to rewrite this section and more clearly state the provisions of political activity that is prohibited on the part of county employees. And to clarify that it is elected public offices that County employees may not have. If an employee would run for office and become elected then he or she would have to resign their position.

>>This presents a policy question for the Council, there is some legal advantage to having it, there is some case law and other parts of the country which would indicate that if you open the door to running for office that you need to open it wide. However there are -- the case law for that is another federal circuit in Florida has provisions which allows employees to run under certain circumstances but not all. >>This presents a policy question for the Council . >>Thank you. In the other staff reports? >>Nose or -- no sir. >>Is there any public participation on this matter? >>Nose or -- no sir. >>We will close this. Mr. Lowery.

>>Thank you. I just want to know how do we by adopting this had we compare with other counties in the state of Florida? Do you have any idea? >>We are one of the few counties that still restrict? >>I'm not sure I can give you an accurate answer.

I can say with regard to the school board in other municipalities it is more common for their employees to be allowed to run for office and to serve. There is, you see examples with the state attorney and otherwise public employees, this is a subject of a lot of academic literature there are provisions like ours formally like ours which prohibit it gradually it seems to be more allowance with this issue. I have no survey the other counties particularly with regard to other public jurisdictions here in Volusia County that this is a privilege that employs half with regard to state employees there is a mixture of state employees are prohibited from running for state office. They can run for local office with permission of the department.

>>This Denys .

>>Thank you Mr. chair. I had some conversations with some individuals on this in fact earlier this morning, I'm not going to be supporting it. I will support our original motion. I think that is what counts was going and I think this is an overreach for the county right now. I'm going to go on record that I will not support it. Thank you. >>Miss Cusack.

Thank you Mr. chair. Mr. Eckert would you elaborate as it relates to a person running for a state office that happens to be a county employee. Can they are can they not or do they fall under the federal regulation? >>Our ordnance and current code, one which was applicable, one which has been applicable and has remained applicable that an employee can run for a state office or other municipal office. >>This would not change that? >>This would change that. This would allow County employees to run, there are some provisions of federal law which -- the federal law would preclude an employee, at least my understanding, it would preclude an employee, we maybe have a handful of these, whose position is fully federally funded. To run for a partisan office. >>Partisan is the key?

>>That person would have to be in a position where their position was fully federally funded and there are not many of those employees.

>>What we had passed is that [ Indiscernible ] without

>>Know it would not apply because our positions are nonpartisan for elected department heads. The [ Indiscernible ] to run long for subordinate officers would also supplied -- apply. But a person who is seeking to run has to be an officer to be applicable. For most of our employees this would allow them to run for office without resigning their County employee. >>Any restriction would be that provided by other law. >>What we would be doing today is further permitting employees to run and be employed by Volusia County and run for other public office without resigning which is the authority we have given to folk that want to run for [ Indiscernible ], is that correct? >>That is correct. >>Would I be correct in saying we would not be discriminating against any employee that worked for County government? >>That would be correct, a correct term. The question is it is a restriction on speech of public employee, case law upholds it and in general it is certainly not required. This has other provisions which restrict the political activities of one who would seek office on a elected in his apology or state office. >>What we would be doing is nothing greater than what we have already done other than it is more inclusive of all employees, correct?

>>Correct. >>I would like to speak in favor of this motion. And Mr. Eckert has articulated my rationale for doing this. I don't think it is the opposition to discriminate against any employee. What is good for one employee ought to be good for the rest of the employees. If it is bad now it must have been bad when we did it the first time. If it was good then, it ought to be good now. With that in mind, Mr. chair, when it is appropriate I would make a motion to [ Indiscernible ]. >>Now would be the appropriate time.

>>Mr. chair and members I would like 2016-05 code of ordinances allow County employees to become Canada's to any elective public office without resigning County employment and to modify other restrictions on political activities. That is my motion. >>Motion. Is there a second? >>Second. >>Thank you Mr. Daniels. >>Used to hunt the floor Madam. Used to hunt the floor Madam.

Thank you Mr. chair that is my comments. >>Mr. Wagner. >>I am going to support it I think everyone should have the opportunity to run for whatever they want on their free time. >>Mr. Daniels. >>Indeed I supported also and I support it for the reasons that Ms. Cusack said. We in active and incumbent protection rule which is totally unfair. If we are going to allow County employees to run for office they should be able to run for any office they want to run for, any time they want to run for it. I think miss [ Indiscernible ] comments in the papers were very instructive. She said we are the only County that does this. Why are we the only County that does this? Other counties don't do this. It does not seem to be a problem there. Let's join the other counties and have an incumbent protection act in place. Thank you. >>And Ms. Denys . >>How would this impact County employees who are currently supervising federally funded employees? Will there be a crossover? Is there any issues with this at all? >>I do not understand the [ Indiscernible ] such as those of a manager who has supervisory responsibility and others of the immediate supervisors. If there is a restriction of hat chat, habitat controls. I think it is the person who is fully funded, it does not have a general supervisor responsibility.

>>Again my understanding it applies to partisan political offices. >>Thank you. >>I was looking waiting for someone to push the light. No lights. With all of that the motion is for approval of ordnance 2016-05 amending the code of ordinances. Amending the code of ordinances to allow County employees to become candidates to any elective public office without resigning County employment and to modify other restrictions on political activity. Motion by miscues are, seconded by Mr. Daniels. All those in favor please signal by I. All those opposed. >>No. >>There are two knows. Ms. Denys and Mr. Lowry.

>>It passes 5-2. >>Moving on to item number five, resolution participation in qualified target industry tax refund program for synergy billing LLC. Mr. Rick Carl. >>Thank you. Rick Karl I'm here today with Rob Ehrhardt the director of economic development. We are here to ask your award of the qualified targeted industry grant to a local company. As you know the county economic developer division primary objective is the business retention and expansion efforts. This is one of those that Ehrhardt group has been working on. For your information I would like to introduce Virgil Campbell. He is one of the boots on the ground. >>We are also here with Mayor John Penney, mayor of Holly Hill, city manager Joe forte, and Jason Myers CEO of synergy billing. This is a little unusual it involves CRA and other complexities, we do not want to put this on the consent agenda we wanted to explain it to you. We would like for Jason to come forward and explain the project and Joe forte will explain more from the city's point of view what is happening and then Rob Ehrhardt will explain the details. It is our privilege to introduce Jason Meyer. He was professional of the year in news Journal 40 under 40 awards. He has a successful business and we are here to let Jason go through his presentation. >>Esteemed members of the Council, Mr. chair, Mr. manager. Thank you very much this morning for this opportunity to come before you. I'm here today to share with you a bold vision. This vision, having been a lifelong resident of Volusia County and a third generation entrepreneur, it is very challenging to see many of my peers with off to other areas of the country. This bold vision is not just to attract those individuals back here, to stop the brain drain that exists in Volusia County but to create an environment that helps to attract the very brightest and most creative individuals. What I'm going to introduce you to is a project that we are proposing to bring to the city of Holly Hill, it is a stepping stone towards that goal.. >>It is my pleasure to introduce you to the Fountainhead at Holly Hill. This is a [ Indiscernible ] project 25 acres, former site of the Holly Hill middle school. This is a project that will allow us to create a corporate headquarters as well as many amenities to help us to train and develop the workforce we need in order to serve our market. The goal here being for synergy billing an opportunity for growth and expansion to create high-paying jobs and also the benefit to the community, the redevelopment area that will help to create jobs and increase the tax base. >>I would like to briefly introduce you to synergy billing. I have been fortunate in my career. I may have a youthful looking appearance but I have been doing this for quite a while. I started my first company when I was 14. I started as a student at [ Indiscernible ] beach middle school in the technology business and I had some success. I started helping doctors to perform billing processes and develop software and I transition from a technology business into a service business. In 2001 I started working with private practice physicians and then a 2005 I started working with the community health centers. I became very engaged with the committee health centers because they provide primary care services to all individuals regardless of their ability to pay. I found they share the same values that I share and I can take the skills that I develop and apply them to this market segment. In 2006 I started a company called synergy billing. In the past 10 years we have had quite a bit of success. Today we employ just over 100 people. I believe the average wage is 36,000 across the board of those employees. Our business is often misunderstood when people hear the word billing they think clerical. We are very much a technology oriented company. We are in a data-driven business. The best way to describe what we do is insurance company's do not make money when they pay clients, what we have to do is we have to reverse engineer the requirements, their guidelines. That is the magic to what we do. We take a look at insurance company guidelines and we outline and identify those technologies to automate those processes. We are one of three companies that compete in the space that we are in. It is a niche market with a lot of growth potential. And we have the ambitious goal of serving 20% of our market by the year 2020. >>The challenge that we run into is finding the talented workforce, the individuals. Having been born and raised in Volusia County I'm committed to my hometown. I would like to be here and develop my business. While many of my peers moved away and had opportunities to relocate my business early on and perhaps that would have opened up doors for more talent and maybe I could have grown faster, I am a resident of Volusia County and I love my home. We have had to think outside the box on how can we meet the demands of the marketplace, we have a six month waiting list of clientele, the demand is there but we can't supply. We cannot find the talent. >>It is more than just finding individuals because the industry that we are in there is no nationally recognized certification for what we do. Training and education is a very important part of our growth and development. It is also an important part of the campus and different features and components I will introduce you to. >>As I mentioned Synergy Billing we are 10 years old. This month we have been recognized in a number of different outlets for the number of our achievements. The thing that I am most proud of is what we have been able to get back to both the community and the individuals who have been able to develop the many different paths in life and teach this trait.

>> I mentioned one of the key components is our ability to train and develop the workforce. We have committed tentatively to create 213 jobs over the next five years, with a pay a 45,000 a year in greater. We insist they hiring more than that but we know for fact we can add as many individuals at this rate of pay. The key to all this is our ability to train and develop these people, teach them the skills that they need. Several years ago we developed our own internal curriculum that started a training program. We recently announced a program in the community to help train the long-term unemployed and underemployed with the program we called synergy career it night. With this program it is 12 weeks and it teaches core skills to those who have come from many different paths in life. When they complete the program they are eligible to get a certified coding certificate which can be used by any healthcare organization and we're hopeful that this will help us find talented individuals to come and work at Synergy Billing. >>The next step is an expansion of that which is a more robust and in-depth curriculum. One of the major components found at the campus that is the Synergy Billing Academy. Which is a nine-month program which will teach the entire healthcare revenue cycle information management as well as medical coding. Medical coding is a rapidly growing industry, there are many businesses in Volusia County looking for this skill set. The average starting salary is 35,000 and that is just to start. It has an unpleasant rate of less than 2%. It is heavily in demand. >>This is one of the outside about -- of the box approaches that we will be utilizing in order to develop the workforce in the talent that we need so we can grow right here in Volusia County. >>To introduce you to more of the [ Indiscernible ]@Holly Hill. Some of you may have read about it or heard about it. [ Indiscernible ] bring a high Tech campus to Volusia County specifically the city of Holly Hill. There are many components. If we want to create an environment that will attract and retain the best, brightest and most creative individuals we have to have features and amenities that will bring them here. Then we have to have things in the community that will keep them here. The idea is to create a campus like setting, open environment, the key component is the corporate headquarters. At the moment we are out of capacity, we can higher this year, we calculated 40 individuals that we could hire, we have leased a little bit of space in the city of Holly Hill to help with some overflow. We are at capacity. The corporate headquarters is a key component in this will create about 70,000 square feet of commercial space as well as [ Indiscernible ] Academy and training areas so we can develop the workforce. >>We have created a culture of wellness focused around the entire employee that helps them maximize their potential things such as fitness, is very important, there is a fitness center outlined in the plans. We also believe it provided healthcare and we outline to bring a community health center with special focus on veteran services right to the campus. >>Many of our employees are single mothers that struggle with childcare in the morning and oftentimes they miss work if there is a federal holiday that prevents them from having childcare services. A major component is childcare that will help to serve our employees and provide quality daycare to our employees children.

>>Of course the billing Academy is the most critical component. The only way we can serve people is to find employees and develop their skills. This will be the only way that we are able to grow and develop. This is why this campus is so critical and further developing the billing Academy. Many times as people start off their careers in my they begin at moderate wages and then they grow to a career path. We believe many people that come from the billing Academy would be employed directly by Synergy Billing and they may need housing is a go to the career process. We would like to create more housing which would create 88 units of one and two-bedroom apartments to serve as a stepping stone as people develop their career path. >>We also outlined a food, restaurant so the idea on one campus we have a number of features and amenities that will appeal to people and help to keep them right here in Volusia County. >>I have included some remedies that have been done in-house tuning show how this might run and work. This is a view, a drawing, my little line here would be LPGA Boulevard. The site that we are proposing to redevelop is at the corner of LPGA and center Avenue. Presently there are two structures on the property, a gymnasium and a media Center. This was the home of the Holly Hill rocket. With this proposal we would become the synergy rockets and try to stay true to the origins. We are proposing to not level the existing structures but to redevelop them. This just shows you a scale of the different structures we are talking about over the course of the project. 200,000 square feet of mixed use space and a full buildout, $25 million investment into the Holly Hill community.

>>In conclusion of this presentation we believe that this proposal is a prime example of public private partnership, everything we have outline is completely based on performance. I have built and develop my business here in Volusia County. I do not have outside investors, I don't have outside I have done this myself and I never saw at any sort of outside help or support until now. The support I am seeking will help me to take this vision and turn this into a reality. Again, it is all based on my performance. If my company does not create jobs there is no incentive and that is the beauty of this project in the proposal. I thank you very much. >>Thank you. Anything else?

>>Good morning. My name is Joe forte I am the city manager for the city of Holly Hill. I would like to say that Volusia County and the city of Holly Hill have a project. Volusia County and the city of Holly Hill have a project. I don't think we've ever had the opportunity to say that before. What I'm here to show you today is what that partnership is like. I did meet with your staff and I did meet the County manager and I want to make it very clear that it is a partnership. It is a partnership not only in terms of the development of this project in dollars and cents. This project is within the CRA area that was expanded onto the school property that was raised a couple years ago probably around 2011. What we are proposing to do is part of [ Indiscernible ] partnership in conjunction with the county is use the CRA dollars to help develop the project. What we mean by that is in a very simple drawing the dollars that are going to be spent, the developer [ Indiscernible ] used to purchase the acreage and develop it will be set aside and then those dollars will be used for additional job training disbursement and incentive dollars. In addition to that as the project is developed in the TIF money is growing in that district that money will be set aside to use an reimburse qualified reimbursable expenses. >>What is important is this is not upfront money, this is performance dollars. If they do not perform the dollars do not get reimbursed. When they purchased the land and the money set aside, if they do not bring new jobs into the city they do not get reimbursed. As they develop the project, if they don't expand the project and the TIF money does not growth they do not get reimbursed. It is a very unique scenario where a lot, if not all of the responsibility of how the dollars are being spent in this project fall upon the developer. It is truly a performance-based project. >> What I think is more important is the number of jobs that are going to be brought to the city of Holly Hill. We have been working with Jason for close to a year. What made this package more enticing and incentivizing for the city of Holly Hill is the fact that we have a piece of property that has not been on the tax rolls, the city purchased it in 2011 Anderson's 2011 we have had no interest in the property. Jason came along and saw the properly -- property we met several times and he wants to bring much-needed jobs to the city of Holly Hill and he has created this project and probably the most important project that the city of Holly Hill has seen. >>With that I'm available to answer any questions. >>Thank you. Rob Ehrhardt economic

developer. The point has been made several times that this is a partnership. Economic development success is more more based on collaboration and I think this is a great example of collaboration. I will start making that point by directing your attention and your agenda package to the letter of non-objection that exist from the city of Daytona Beach -- beach. This is a business that is concerned moving from Daytona Beach to Holly Hill and Mr. Chisholm's signature on the letter before you helps demonstrate their understanding of that potential action and benefit not just the city of Holly Hill but really the entire East Volusia region. I think this will be a regional employer. East Volusia has the potential to be similar to what we experienced in front to communications and become very large regional employer in West Volusia. >>Some of the particulars associated with the company's application to the state qualified charter industry tax refund program as you are aware it requires the company to say they're going to create a specific number of jobs in this case it is 213. They will have to commit that they will do that at a particular wage and that number is shown in your agenda package as well. If we decide today to approve the local financial support resolution, what that does is committed County to provide 20% of the total pot of money that would potentially be used to reimburse the company if they get certified by the state, if the company agrees to sign the tax refund agreement with the state, if the company complies with that tax refund agreement by submitting, not only creating the jobs in doing so at the required wage by submitting their dock imitation package on an annual basis, the point has been made this is a performance-based program and that compliance mechanism for that is done at the state level. Annually the state would require the company to submit that documentation and then report back to us if the company is or is not compliant. It would be at that point and only then that we would contribute any real dollars to the pot of money that would begin to come back to the company in the form of refunds.

>>With that I recommend approval of the support resolution and like Jason and Joe I'm available to answer any questions you might have. >>We do have a citizen who wishes to speak, Maureen France.

>>Good morning Mr. Chairman, members of the Council. As a resident of Holly Hill I just wanted to ask -- >>I need you to state your name for the record. >>Maureen France, president of Holly Hill. I wanted to urge you, I don't think it will take any urging because it seems like it is a fantastic project that you all will give your blessing to. This is a fantastic story for Volusia County, for the economic development of a town that seriously needs redevelopment and economic development, no disrespect Mr. Maher but I hope you will see fit to grant this wonderful incentive that will help them get their project to the reality stages. >>Thank you. Any other public participation?

>>No, sir. >>Will turn it over to the Council. Mr. Daniels. >>Thank you Mr. Chairman. I had the village of meeting with Mr. Meyer and Miss France and --@Synergy Billing. I was really impressed. The parking lot was full of people. You could tell he was employing a lot of people. You look at the cars in the parking lot and you can tell they are making money. You went inside and you met with the people who were inside and they were by and large young, the people that we want to keep in Volusia County and they were all happy. It was one of the happiest organizations I have ever seen. You really do run a good shot. You really do. >>This helping our local businesses grow, if we do that, we are going to be a lot more successful than chasing rainbows from out of the area. This is really what we ought to be doing, I'm really happy to have this proposal here and I moved approval. >>Motion for approval. >>Second by miscues act -- miscues act -- Ms. Cusack.

Mr. Patterson. I was waiting in the wings to see if you needed someone to make the motion. >>This is a good idea as the team Volusia person or the Council these are some of the great things we need to be doing. Thank you. >>Mr. Wagner. >>Just to say thank you for staying. It does mean a lot to a lot of people. I know you could have left and I have a lot of friends that left, it was hard to see them go and hear their stories but it is people like you who will make this place better.

>>Miss Denys . >>Mr. Myers I have been following you from afar in your advancement in your success. But listening to you and what you have developed internally to not just careers but the employees required for your industry-specific business is a model. We talk about internships. That is the word we need internships, that only goes so far because each job market is specific to that Pacific -- particular skill and industry. Particularly in South East Volusia the boat manufacturing industry. We desperately need skilled workers and we need skilled trade workers. We do not have the skilled workforce to keep up with the quality that hopefully is going to come.

>>The other thing that has intrigued me is that you have used yet again another school. Existing infrastructure for success. Council members we get some issues before us and we have existing businesses, existing infrastructure and it is being ignored. Here you are taking something that is not on the tax rolls and investing personally in the community and breathing life into an area that desperately needs it. >>I had some questions with staff because I do not understand how to navigate. I looked at the numbers that have been requested and I cannot understand why they were so high and tell I understood the qualifications that you need qualified for. Specifically being the corporate headquarters. That just speaks volumes. This is a strong story. It is a bold vision. Bold visions require bold leadership. Going forward I wish you all the success in the world. I would like to see your particular model emulated with in other industries. I think this is one that we could, let's not reinvent the wheel you are always a on something. I watched your video's I have done my due diligence and a look forward to meeting you in the future and spending more time and understanding the model that you are working with that emulated in some other projects. With that, congratulations. I am also happy that you are as useful as you are. You have done this at such a young age and I look forward to supporting your initiative. >>Ms. Cusack . >>Thank you Mr. chair. I also want to add my comments as it relates of the utilization of CR eight dollars and economic development and empowerment. When I see 213 potential jobs right under $400,000 a year. Who cannot have a smile on their face with this? I just want to say I too wish you well. I know that your enthusiasm as you present in every way will be nothing but an asset to Volusia County. And to the city of Holly Hill. We truly want to be partners. I would welcome any discussion that you may need to have with me as a member of this Council or all of us, we are really pleased to have you here. It is such a wonderful opportunity. There are those that don't even believe in CRA's, I do. But there is someone here to my right, not right next to me. >>[ Laughter ]. >>Mr. manager she is talking about you. >> He told me if he believes you must be close to being in heaven. >>Thank you for being here and for representing and I look forward to meeting you and having a partnership with you.

>>The truth be told that when I told her I thought this was a good CRA she used the phrase Helmuth that froze over.

>>Did you have to call EMS and here -- in here to revive her?

>>This is a good one. Great project.

>>Mayor Penny . You and your manager really stepped out on a limb this time and you succeeded. This is a bold move. My tongue is going to fall out in about two seconds. This is actually a good expenditure of CRA money. >>Did you hear that go through the room? Feel that cool breeze miscues that -- Ms. Cusack. >>I stood up for CRA funding for all different projects because I see it being abuse to my mind. This is not an abuse of the funding. This is good work. Congratulations. >>I can company much 27 real simple. -- to 7 Real simple. I do have one for the question, who is that lady sitting next to you? She has followed you around. She was sitting back there, you came a friend and she followed you but she has not spoken. >>Say your name again. >>Jason Myers, Synergy Billing. It is my pleasure to introduce to my most viable staff members [ Indiscernible ] who is in charge of strategy implications for Synergy Billing and for me personally. And then Andrew [ Indiscernible ] who is our project manager and she makes sure every thing we do looks good. >>She did a great job. I noticed her because she is running the -- wariness crest. It just stuck out. You don't see many crests on a jacket. I was just going to go to a vote and then Mr. Denys name popped up. >>I need to say that I appreciate the cooperation with the manager. Mr. forte has put together a well thought out program. Very creative, creative in a good sense. And I appreciate working with Joe. I do think for once I do think this is a partnership and we are pleased to be part of one of the big successes we see from the CRA. I do think the way Holly Hill handle this is well professional and well thought out so creative I wish we would have come up with it. Wonderful job from the Holly Hill's manager.

>>No further comments. All those in favor of resolution for dissipation in qualified target industry tax refund program for Synergy Billing LLC. Signify by I. >>All those opposed >>Leave the room. >>Was that in a Pozo? -- A Pozo. >>Know I was just talking to myself.

>>It past. -- passed. >>While the mayor is making his rounds we will wait for the legislators to come.

>>Mr. Rick Carl I believe you have a 2016 state legislation overview.

>>Thank you Mr. chair. Rick Carl director of resources. We want to briefly summarize the legislative session. This was one for the books. . Arlene has done a great job. Arlene Smith is here if you have any questions. Right now I would like to introduce Robert Stewart the state lobbyist.

>>Good morning Mr. Chairman. It is good to be with you today. Also with me is Chris Dawson from my firm. I know you have a packed agenda and we will run quickly through some of these slides and I will answer any questions that you might have. >>Just a general overview of what happened in session, going into the legislative session we talking about the governor's two main legislative priorities and those were $1 billion in tax cuts, he wanted $1 billion in recurring tax cut and he wanted to run $50 million toward the enterprise fund which would be used by enterprise Florida to recruit and retain business in Florida. He got neither of those two priorities from the legislature. And he got instead $400 million in tax cuts of which about 250 million, I will explain this as quickly as I can, it is a reduction in the required local effort. The school board, think about for a second, school funding in Florida is based upon two things. One state revenue and two the base ad valorem [ Indiscernible ] put on property throughout the state on school districts. The increase in property value that has happened around our state has as a result in increased tax revenue and tax expenditures from folks who own property. The Senate in the house for years had an ongoing debate even dating back to when Councilman Patterson and Cusack were in the legislature about whether increase property values and therefore increase taxes amount to a tax increase. Is a fundamental philosophical conversation that has gone on. >>This year the Senate took the stand and said yes it is. If we're going to increase our education spending statewide and we do that on the backs of the taxpayers, yes they are getting increase property values which is good but we will not allow that increase in property value to equally to -- equate to [ Indiscernible ]. To and 50-$240 million in tax cut is actually a new state revenue poured into the Florida education finance program to reduce the ad valorem millage that is paid by property owners and therefore your tax bill will look the same this year as it did last year even if you value increases if that makes sense. At least for the education. What happens on the other part is different. For the education portion that is where the $250 million came from. >>[ Indiscernible ] is largely manufacturing sales tax cut and then the holidays that we have come accustomed to. This year back to school is only one week instead of a full week like last year. You may want your constituents know about that when the day comes that. >>Then from a $250 million enterprise that the governor wanted the fact that he got none of that money is reflective and you see it on the side of the new normal in Tallahassee. Particular house leadership has become incredibly opposed to incentives and they are not negotiating on this. The governor in fact [ Indiscernible ] and I last week had a chance to sit down and have lunch with the governor and he is pivoting on how he does economic development because he knows for the rest of his term those incentives are not going to be there and we as a state and he as a governor and enterprise Florida and CEO have to do things differently and that is beginning to happen. You will see some changes as we go forward. >>Legislative funding. Great success story for Volusia County $200,000 for the blue Springs well testing project. That was funded through the legislative appropriation process in the water project list. We had $1 million that was put aside for the Marine science Center and unfortunately that was be to but I talked to the governor's office and the reason it was be to is the governor's office believes there is funding available either through fission while I've commission or through DEP for this project. We have begun the process of talking to those departments, the budget is not law it becomes law to lifers. Those conversations are already happening and we will begin to pursue the funding and those particular areas so that next year it can be said of us that we do not go through a process. We will do everything we have to do in partnership with the staff to get through that process and be well prepared. >>I'm going to pass to Chris Dawson to talk about the water bill. >>Good morning Chris Dawson. On the water bill this has been a priority over the last two years that did not get across the finish line last year. Legislators worked on in the off-season and you see that we came into session this year in a pass within the first week. Really it was poised and good to go. It was a very large bill and on this bill [ Indiscernible ] rather than going through all of the points I jumped down to what [ Indiscernible ] to Volusia County. The spring and aquifer protection act was included in the water bill. That includes the first magnitude Springs in the state of making sure we address water quality and quantity issues to keep the Springs pristine in to give a plug your staff was incredible on this topic and they were working with the legislature over the past two years on Springs issues and policy and really Volusia is seen as a fault leader in Tallahassee in this area. We expect that to continue moving forward. >>DJ J a topic that we know well. The latest, the last week or the week before the governor did sign the bill into law. We have Artie been in communication with members of the House and Senate since that bill passed. Obviously Volusia was a critical player in bringing that to a conclusion. And although we might feel differently at times about the way it came to conclusion the good news is that issue is now behind us and there is certainty going forward on cost and you have a very please legislature with Volusia County for bringing that to a successful conclusion. We all know enough about that unless there are questions on it I will not dive any further into it. >>This is a renewal of the public record exemption for emergency notification services. Again, it was extended and that protection will remain. >>That was for those of you who have been on the Council for a while that was a priority in Volusia County several years. The public record exemption sunset and it was your staff that point out to us that needed to be renewed and we work the legislature to be sure that it was. That legislation that was defeated, here is some good news there was an attempt to cut the county's ability to charge medical examiners be, that bill was defeated. Fracking, that bill was defeated. County officers there was going to be a change in the way we elect our constitutional officers, that bill was defeated. There were talks about changing the way we do [ Indiscernible ] which would have an attempt to fix a small problem in one County that was not Volusia that would have had statewide impact and we were able to defeat the bill. Good news there. Volusia County [ Indiscernible ] some of these we touched on like the septic tanks there was good language in the water bill that related to those, spring protection same thing good stuff. Space Florida nothing of substance happened on that front. Space Florida has the power to do what we want them to do. The challenge for them is similar to EFI, what do we do now? Now that the incentive money that was all we had is no longer available had we market Florida. And then [ Indiscernible ] continues to be a moving target. Today in fact the governor may be signing the Everglades bill which dedicates some of the funding in the Everglades. That will be in every year deal to watch her we do that. Until this governor is gone there will continue to be no bonding of that amendment one money. The money is every year what it is without any [ Indiscernible ] thanks the bonding but in the future that bonding may be an option during the 20 your life that amendment. >>Water supply we talked about the $200,000 and then rail funding, this is one that I think will be of interest, there was legislation filed that would have restructured links. Stay with me because links is south of here. That restructuring also talked about the concept of what do we do with [ Indiscernible ], what do we do as a region with Sun rail. We are when you're into the seven year deal of DOT operating it, it is almost 2 years into the deal. What do we do when that is done. The staff has been charged with exploring how would LINX take over Sun rail. Anything involving Sandwell involves Volusia County. Although the building not pass it would have restructured the board and what it did do was kickstart a conversation in our community or family of communities the region that Sun rail serves about what we will do now. We know this conversation is out there in Volusia has been a leader on that and we have to start talk about how we will do this. We as a committee have all said we want son well but now how are we going to pay for it. Those conversations are starting in some small part because of that LINX bill. >>And lastly trails, Chris [ Indiscernible ] to step that was going to cover this. I will use his notes. Just last week there was a meeting at the Florida Greenway trails up in Tallahassee. The St. Johns River the [ Indiscernible ] loop was ranked number one of the project that we are seeking funding in this year's budget. There is $50 million available beginning July 1 for trail funding. With $25 million available every year after that subject to legislative change. We are ranked first on that. There were folks who were trying to change that, folks who are ranked lower. We had great conversations with the DEP about making sure that we continue to keep Volusia County where they are funded and that will be funded largely on a shovel ready, for lack of a better term scenario. As long as we are ready we will be eligible based on the ranking for those funds and we will keep a close eye on that as that goes forward. >>[ Indiscernible ] nothing of substance passed on the [ Indiscernible ] mandate that is an important one.

>>With that, we West third quickly but we would love to answer questions that you have. Thank you for your confidence in our team. >>Joyce Cusack.

Thank you Mr. chair. Thank you for all of you working in Tallahassee and some places are pretty good to be out of. You actually need a break.

>>I want to ask you about spaceport. You said you were going to pursue different areas as it relates to that. Do you have any thing on the horizon that you see that we might be going after as it relates to spaceport activities? >>That is a great question. That priority that was part of our legislative agenda that with making sure that space Florida had the tools that they needed to pursue development and spaceport outside of the four wells of [ Indiscernible ]. There was a lot of looking here is our Volusia County of where we might have a good spot. What we wanted to do and following that is make sure nothing pass the -- that prohibited them from doing that. Our understand is that they have the authority to do it is about making the deal work. I don't know of anything out there that prohibits them from canoeing -- continuing to work -- to look in our County. >>I think there are activities that have gone on with Representative Alan, Bob Allen has talked about a stem program. Have you had any talking with him? >>I talked to Bob this week about a. I am a baby on the issue but I am learning. I think there is an interest in having Volusia County be a partner in that. My goal is to connect Bob with the right people on your team is he of something -- >>We had the conversation. I just want to make sure you were in the loop. You will continue to pursue and talk to him about that. Thank you. Thank you for your good work.

>>Ms. Denys.

The session is over but the issue is not over. When will the final determination be made on the ranking of the trails? When is the official confirmation? >>There is another meeting in June. That was the immediate follow-up question to the math we talk to them this week and we were expecting some feedback if not this weekend early next. I will say this way, Chris Harmony had the conversation so I'm translating what he heard, he did not send any fear on the Department of affirmative protection dealing with the Florida Greenway's and trails committee that we were in danger. That we ranked number one and we needed to make sure that continued at the next board meeting in June and we are keeping the pressure on.

>>Who makes the ultimate decision? The DEP or the DOT? >>That committee I think is made up of both agencies. I could be wrong. That committee ultimately makes that decision. >>It is the DEP in the DOT?

>>I think they both have representation in it. I will confirm that. My understanding is both have a role in that because it is greenways and trails. But they have the authority given the money that has been invested. >>We you keep us updated with fact? -- That? Don't think that anyone will let this sit in Tallahassee. There is a red flag. If we lose this ranking in Tallahassee because of maneuvers behind the scenes it is not going to be a good day. Please, please, as far as the [ Indiscernible ] spaceport goes this will be determined at the federal level. We are just waiting on the feds and generally we are waiting on the election cycle to play out before anything is done. We can't launch anything until they get that rock is [ Indiscernible ]. >>Keep us updated and in the loop. Council members here is an interesting thing I found out, you know what put us over? We qualified by one point on those trails, to Noah did it -- do you know what did it? Is a trails at. Kudos to Tim Bailey in the entire Volusia County staff. Tim Bailey, it was our County was the only one that had a physical presence in Tallahassee during these hearings. Again, kudos to Volusia County, not only are we shovel ready but we are apt ready and we sent our people in a face-to-face presentation which I think says a whole lot. Volusia County we're going to enjoy our success. We have been working behind the scenes. But it is the app that put us over the top. Good luck. >>Anything on that that I may have misstated I will cleanup. >>I understand. I appreciate that. Thank you so much. >>Mr. Daniels. >>Thank you Mr. Chairman. I would like to thank you for your efforts. I understand that you guys work very well with the staff. They are very pleased with the effort that you put in and the way that you the time familiar with issues important to Volusia County and you really got out and push them and pushed them hard. Let me echo a little bit about the bike trail business. I know there are, shall we say, very powerful lobbyists and very powerful legislative delegations that you guys are going have to contend with. That is going to be a real challenge. One that is important to us. Please stay on it. >>The other thing is the septic tanks. Again we need to do better on the septic tank regulation. We need to have the option to prohibit them next to service water. We need to have the option to require people to hook up if we run a line. It is very difficult to go to St. Johns and get them to agree to help fund a sewer line if nobody is going to hook up, they always want to know what the rate of return will be. >>Son rail, Lord knows we need some money. LINX Or no Linx that will be Mr. Patterson's issue. We need to find some way to pay for that thing. Thank you very much. >>On the question Councilman the one you mentioned just before sunrail. >>Septic tanks. >>Your staff drafted very good amendments to the water bill to address those things. We were able to get audience with the right legislators in the right decision-makers in Tallahassee about it. By the time we got there a lot of the bill was cooked and they wanted to pass it in the first week. I do expect like any massive policy bill that there is going to be a need in the four representatives will notice, they will have to rewrite some of the stuff overtime and Volusia has already seen as a thought leader on these issues because of the amount of time, investment and money that you spent Department of protection. >>I think you are right. I talked with Senator Simmons and he was very much on board in trying to get something done this next legislative session thank you. >>Mr. Patterson and then Mr. Denys . >>You have had to jumping on you on the trail. I know the second-place contender is going to put a hard-pressed for us to move somewhere below them. I am really concerned about the linx issue. It is a resolution that came forward that did not get past Linxit had to do something with. I think they run a good bus service but I'm concerned about them running a choo-choo. We are down here with one station, we are the low boy on the thing, we do have this partnership and I want to make sure that we protect our interests as well. >>Septic tank issue, something that was brought to my attention by County staff as of the other day. A couple of years ago legislation was passed for those who are pumping septic tanks and then they are spreading it and that need licenses and that operations are being transferred from the DOH to the DEP. From what I understand is we have one facility in Volusia County that is license with DEP right now that will take this process and spread it. With 93,000 septic tanks, it opens the door I think for illegal dumping and I think we need to be really on top of that and I plan on bringing that up this afternoon but I wanted to make you aware of that. My understanding it was passed in was to go into effect June 30. Maybe it will be put off another year or two. >>It is something I've not immediately familiar with but we will follow your lead. >>I am worried about the illegal dumping. Suddenly you don't know what will happen. >>If I can quickly, my point of bringing that up the Linx bill was it was engaged in conversation that needed to happen. You are right that this County needs to be a part of that and any concerns that you have should be boys. It is something that the Linx staff has been asked to look at on if we could do that if we wanted to and with the community let us. >>Mr. Denys.

I want to add my thanks for all the help especially on Linx. I appreciate the opportunity to be informed, because my time, I have to be [ Indiscernible ] and how I use it. I went up there to testify, I don't have time to waste my time. I appreciate that you had me [ Indiscernible ] twice and sometimes the worst thing is not just get what you want but getting something shoved down your throat that undermines you. The whole issue on COPCN was a big deal to us. I had an opportunity to go speak and I thought I had gotten through to them. More importantly was the whole thing about our charter.. >>I really appreciate the opportunity because I think I opened some eyes. I am sitting there talking to people in the state legislature and because people move on we lose historic relationships. You really do lose the value of what happened in the past and why because they say one of the great fallacies is to make those mistakes over again. It was amazing to me that no one really understood, this was from people who really should understand that our charter was so unique we were the only ones with a special [ Indiscernible ] in the state legislature that was voted on by the citizens that made us so unique in terms of our elected department heads. Done because they wanted to get rid of patronage and corruption. >>I was appreciative of the opportunity to really explain to them how serious this was and why the voters voted for it. Quite frankly we ought to be a model and they cut us out saying that we were so special that they had forgotten that. That decision alone, most people don't know that. Save this County at least 200 million-$300 million. I talked to them that day, the fact that they don't have to create their own bureaucracies and they are independent saves the taxpayers we estimated at least $12 million a year which would be total wasted bureaucracy. Because they would have had to produce their HR system, the law system and everything that we actually provide under one system. The people that voted for that and drafted the original charter in the state legislature and pass it really did something that was right and quite likely should of been model across the state. At least by making sure I was there at the right time the reception I got was they didn't understand that, I hope the benefit is if we go into the future where we get lumped in with people and maybe that right is taken away that the citizen voted for. >>My job as manager I thought one of the most important ones was to defend the charter. That was an opportunity and I appreciate the opportunity of you being of their and Arlene's help to make sure that I got to present our case to people that are quite frankly listen more than I thought they would. I wanted to take how much I appreciate that.

>>It is funny you mentioned the lack of historical perspective. We had Adam Putnam in our office last week and he said the most dangerous thing in order politics is a short memory. You nailed it. It was great view to come. I will echo quickly before we close the praise of Arlene who is fabless to work with. So responsive, so quick to get his information we need to be your advocates. Always so willing to be up there which is helpful. Thank you to her and to your team and Mr. Chairman we appreciate your time. >>Don't go. There is more. Mr. Patterson.

>>I want to follow up with what the manager and you just said. Joyce and I know how fast things change up there in Tallahassee especially when the legislature is in session and the fact that you are keeping us informed to what was going on and letting us get active and Arlene keeping us informed it was a great job and I appreciate that. In my tenure's up there and Joyce's eight years of there you know what is up there -- what is happening in it changes?. >>They give a much settlement. I have only one thing to say. No comment. Have a nice day. >>Ready to move on to item number seven, open a public hearing. Staff report on resolution proposed vacation of abandonment of a proportion of Marcel Avenue Wilber by the sea second edition math book 6 page 87 in a portion of Marcel Avenue Halifax a stake -- estate math book 6 page 72. Mr. Gary Adkins the second is the petitioner. >>Mr. Chair I'm going to handle this. >>You do have to identify yourself.

>>[ Indiscernible ] Deputy County Attorney. This application for [ Indiscernible ] and abandonment of right away came about a number of years ago. We had a application for a German to build on a lot. A lot was described as the extension Marcel Avenue. Mr. Wagner is very familiar with this because the citizens were very concerned that this was going to cause continued growth in moving down south by the Wilber by the sea area. As we move through the process we discovered there was a storm water pipe on this property and we had that storm water pipe there for a number of years. Consequently the county filed a lawsuit against Mr. Adkins seeking title that we had the right to keep the pipe there and part of the property was right of way. And it cannot be used to build a home.

>>After many years of working with the property owner we have come to a resolution of that lawsuit and part of that is the vacation of the Marcelle right away conditioned upon three things, they shall dedicate a deed to us, a piece of property equal in size just to the south of this. We will be getting a 50 foot strip of property just to the south adjacent . Which we will be able to use for public access. They will also reroute the storm water pipe across the front of the property in combination with a project that Ms. Grimm has in that area right now. Related to retrofitting some of the storm water in this area. And the third condition is that we will both dismiss our lawsuit, both accepting payment of our own attorneys fees and with prejudice. >>The first step is for you all to authorize the vacation based on the resolution passed with these three conditions in it. Those three conditions have to be met with in a 90 day time period at which point the litigation will cease. >>That is the end of your report? And you recommend approval? >>We recommend approval. >>Waiting for the disclaimer. >>In the other staff reporter -- reporting on this matter miss semen? >>We will close the staff portion of the public hearing and open up for public participation. Is there any public participation?

>>Yes, sir. >>Mr. Storch I think would like to. >> I apologize. >>I'm surprised you're not calling in from Hawaii. >>There is a button on the right side that will raise the whole pedestal up so you do not have to lean down. >>That is cool I'm not very technological so I will lean down. >>You have the force are -- floor server. >>I cannot say how much I appreciate -- >>You have to identify yourself.

>>My name is Glenn Storch I represent Gary Adkins. I represented Gary Adkins when we [ Indiscernible ] the issues and the ordinances in the zoning, this was a very complex piece of property that was zone half residential and half for [ Indiscernible ]. It was a mess. I think of my 35 years of being a lawyer it was the most complex small piece of property I ever had to deal with. Then of course we had the issues that the staff was referring to they were looking at the idea of the pipe, they needed public assess. There were a lot of difficult issues and at the same time we understood that there was a desire to try and avoid any additional lots coming into the area. It really took a lot of folks working together on this including staff and Mr. Adkins including [ Indiscernible ] who owned all the piece to the south. That is how we were able to work everything together. I wanted to say two things. One, indifference to Mr. Lowry , was that are the peacemakers. Coming up with compromises and trying to work things out and solve problems is so much harder than litigation. When people are able to work together and get to that point it is a great thing. I want to comment the staff and Ian Williams who was the one who wanted to push this solution. I do appreciate that.

>>I think we have a solution at this point. I'm not sure if it was 30 or 50. I think we were talking about 30 when we were looking at the various for Parker. >>It will be equal. Whatever it is it will be equal access. >>The bottom line, what best -- this does is it allows for, for small it resolves the title issue in Gary's life. But it also allows for a clean title for public access to the water which is going to be part of this and required to be transferred. It will also allow for clean access for a pipe that will go all the way down to the river it self which would be much cleaner than what currently exists. Right now the pipe just dumps right into the water and the Selden everything else is flowing in the river. It solves a lot of problems. It is a classic win-win and I cannot say how much I appreciate working on solving this problem. If you have any questions I am available.

>>Yes miss Seaman . >>I need to say something that is very important to Mr. Wagner and that is the property just to the south, Mr. Wagner is going to be putting in a conservation easement so there will be no more construction along those lines. >>That is correct. >>Even though it is not part of this agenda item that is very important because that was a concern. >>It was not part of this but it allowed us to solve that problem at the same time. About two acres will be placed in conservation and those structures will be between here and Parkers house and that is it. >>Just to the south of that if I'm not mistaking is the boathouse.

>>That is farther south. >>That is much farther south. >>This is an open area. >>I know where it is, my friend lives right across the street. >>It is what happens when you can solve problems and have enough people working together. I have to comment Parker as well because we could not have done it without him. >>Any other public participation?

>>Nose or -- no, sir. >>We will close the public participation in open up for Council discussion. Mr. Wagner. >>This was part of, I do not consider a compromise with apartment was, I think this guy is a jerk. >>He went after me directly. >>Don't hold back tell us how you feel. >>I don't think there is anything putting me on for that. >>This was very difficult for Mr. Wagner. It has been going on for a number of years. >>Blessed are the peacemakers. >>I want to go on the record. And you know this very well, I am also friends with all the neighbors around it. This has been very difficult. It is on the record as far as Parker, that situation, the separate project that that area will be safeguarded between the two. >>That was taken to the planning board and his variances were granted as a condition of the variance he had to put a conservation easement on the remainder of the property. That has occurred.

>>You are going to get some nasty emails from everybody. If you look at it on a map, I'm having heartache over this. If you look at the map there should not be a house built on that, I cannot believe the state is allowing them to do it. It is what it is. If this goes through, I'm going to bust your tops a little bit Glenn. The reason this is the most complex piece of property because they should not be a house on this piece of property, I will let that go. >>[Indiscernible-low volume]. >>The state granted all-purpose.

>>They should call you the wizard. The deal is if you look between not, can you zoom out a bit? That is public as far as you can. If you go to the South, there is a gap, you literally do not have that gap anywhere else. What this does is it safeguards that gap. That will be the last area for that community to have public access. It will be North of Marcelle and anything farther south and the boathouse is the next problem -- public access. It is hard. >>I don't know how I'm going to vote. It is what it is. >>I'm going to let everyone in on the clue. We can't vote there has been no motion made.

>>That kind of narrows it down. >>And tell somebody decides, I can't make the motion and I'm next on the speaker list.

>>I can go as far as making a motion.

>>It is in the best interest of this community here, but it has some pretty adverse interest to the neighboring properties and that is very difficult for me. >>Are you done? >>[ Indiscernible ] had nothing to do with it. >>Somebody says stop acting like a lawyer. You can take the lawyer out of me. My personal feelings are always part [ Indiscernible ]. I will not make the motion but I will end up voting for it because I feel as a councilman it is something I have to do. >>If you deny it then I will be in litigation and they will go after me personally. >>I know a good attorney for you.

>>I probably just solidify the vote against. I say it in jest but this is a hard one. >>I have a motion for approval from Ms. Cusack . >>I get to actually really do something we have all been wanting to do for a long time. This area right here, my close personal friend lives right here he just bought this house and he lives right there. We walked to this area right here on the side of the road. Here it looks like it is land, when you look out that things drops, it drops. My only question and this would go to whomever, this section over here, is there actually enough land? I know it is all mangrove and does it meet up to our zoning requirement? >>This was all ready to go at the time of the litigation between the parties. All the permits were in place. All the state permits were in place. A building permit and plans were in the county and they are put on hold for that time. Yes. It can be built. You are entitled to do [ Indiscernible ]. Don't forget, I understand this is a difficult case and I understand why this is difficult. Mr. Adkins and his father have on this property. This came from Mr. Adkins father. They pay taxes on this property forever. For decades. This was a problem for them as well. They thought they had a lot especially if they got the permits. All we're going to do at this point, all we were trying to do is find a solution . A good solution for the county and good for Mr. Adkins. I am not going to say nice things about anybody at this point. I will say this is good for the county because it is a solution . >>Mr. Daniels. >>We are at the Council discussion. Who are you? >>[Indiscernible-low volume]. >>Right in here? >>[Indiscernible-low volume]. >>Sir, I have to have you sit down for a moment. We already had our public participation. We are on our discussion time. We are about ready to go to a vote. We have to follow the rules. >>[Indiscernible-low volume].

>>Sir, you have to stop. Thank you.

>>Yes, sir. >>There is a motion on the floor in the body owns the motion and the floor. I have to turn this over to Mr. Daniels. >>I agree with this gentleman. I have seen it myself. I think he is right and I agree with Mr. Wagner, I would much prefer [ Indiscernible ]. Maybe we should save Mr. Wagner from himself.

>>[ Laughter ] >>And pass it. What do you say the one to sit in litigation or not? >>Hold on. You are making Mr. Eckert laugh. You are doing some good work. >>Josh, you don't need it. You don't need to be involved in that. It is not a good idea you're right. Let's move on. >> I am against it but I know where you're coming from. >>If you want to know [ Indiscernible ] I will do it. >>Is there any further discussion from the Council? >>Seeing no further discussion, the motion is motion for acceptance of the proposed vacation and abandonment of a portion of Marcelle Avenue and Wilbur-By-Thie-Sea second edition MacBook six page 87 in a portion of Marcelle Avenue Halifax estate and map up 6072. All those in favor say I. All those opposed. >>Motion passes 6-1. >>I just want you to know that we appreciate the $14.63 that we collected taxes on the property. >>Don't forget at one point the taxes were much higher and they reduce the because the fact they were not allowing anything to happen.

>>We are going to move on to the final order of business for this morning. That is resolution proposed vacation of a tree preservation easement plot of Glenwood reserve book 54 page 99. Justin and Amanda Turner. We will open up the public hearing. >>Good afternoon. Jerry [ Indiscernible ] County engineer. Before you is a request by the property owner of a lot in the Glenwood reserve subdivision. It is in the Glenwood area right off grand Avenue [ Indiscernible ]. This was subdivision that was platted in 2007. It had several tree preservation easements restricting clearing of historical trees. The parcel that is subject of this, the owner has approached the county staff and advise that the tree is in very poor shape and would like to remove it. So they can build a home. Staff is gone out from the growth management department and concurred it is in a dying state and does not think it will live much longer. The plat easement allows if the tree dies the preservation easement could be removed and that is what the petitioners are requesting and staff supports that as we think it is an endangerment and the tree has no longer a useful life. The staff recommends approval opposed to vacation.

[Captioners Transitioning]

Staff recommends approval.

Very well. Is there any other staff report on this matter?

Not controversial.

We like that.

We will close that reporting section. Is there anyone else have a seat. You are just here for any questions, just in case. I've got that. Is there anyone else other than Mr. Fitzsimmons?

No sir.

We will close the public precipitation -- participation and open up discussion. Mr. Patterson, you have the floor. You have to turn your microphone on.

I know the tree is dying. What is the reason?

[ Indiscernible - speaker too far from microphone ]

I am just curious. It is a Laurel Oak .

Ginger Adair, this particular tree, there is no identified cause . It is an Laurel Oak in decline. We looked at the tree and agreed that it needs to be removed. It's not a historic tree. It is a specimen tree and was set aside as part of the approval of the entire subdivision. There is nothing that someone did to the tree to cause it to decline. It was just a natural situation. Now that they are coming to build the house, the treat really needs to be removed. We don't need to encumber the lot for an easement for a tree that will no longer exist.

Very good. Matchbook -- SunRail for , page fit -- MAT Book , page 94.

I was only going to comment, Mr. Patterson. It is close to 70 years old. This is old-age? [ Laughter ]

[ Laughter ]

You are only one year away from me. [ Laughter ]

Those Laurel Oaks don't really livelong. -- Live long. Is there any other comment on the plot of Glenwood reserve? All those in favor of Chi preservation easement -- tree preservation easement from page 99, please signify by Mr. Brinton . All those opposed? So carry.

We had items pulled my staff from the consent agenda.

We thought we would wait until after lunch.

I suggest we take it after lunch. Is there an objection to a recess for lunch ? See no objection, so moved. We will now be recessed until 2:00 PM.

>> [ Session is on lunch break until 2:00PM EDT. Captioner on standby. ] ? Seeing no objection, so moved. We will now be recessed until 2:00 PM. -- [ Session is on lunch break until 2:00PM EDT. Captioner on standby. ]

>> [ Session is on lunch recess until 2:00PM EDT. Captioner on standby. ]

Good afternoon. It is now afternoon and it is 2:07 on April 7, 2016. The afternoon session of Volusia County Council is now in session. I will now turn it over to the deputy county manager.

Thank you. It is always an nice opportunity to be able to recognize our staff and employees who do what we consider outstanding work. I have two-tier from the budget department, Jason Lawrence and [ Name Indiscenible ] and Tammy bong our budget director -- Bong , our budget director. Hey step up to the table for us to recognize you.

Thank you for this opportunity today. I am tyranny -- I am Tammy . As you know we have an outstanding budget staff. We are very blessed to have two new individuals join our budget team in the last few months. It is my privilege to introduce first of all Jason Lawrence who is here today to announce that he has been selected from the floor to -- Florida city and County management Association as an emergent -- emerging leader. It will be recognized in June of this year at that conference. He comes from [ Name Indiscenible ] County where he previously worked in the budget office. He also has had experience working on legislative affairs and left -- and also the office of the Attorney General. We won't hold this against him but he is a Florida State University graduate with his masters degree.

[ Laughter ]

We are excited to have him. What an outstanding accomplishment X our --!

[ Applause ]

The next individual has been a Volusia County employee for over 13 years. He has a big heart , volunteers a lot within our community in various roles from coaching young children through the YMCA . When you have an opportunity to offer those types of services for the Volusia County government, he was eager to step up and help with the United Way campaign this year. In doing such, he was able to tripled the special event money for that program. He is also being recognize this year, actually next week , through the United Way excellence volunteering celebration for his efforts of an outstanding volunteer . I appreciate both of these gentlemen. I look forward to mentoring them in the future and watching your career paths blossom -- their career paths blossom as a continue with Volusia County.

[ Applause ]

Do you have anything to say gentlemen? I will give you the floor for a couple of minutes.

I am just very grateful to be here.

Say her name first.

Lawrence, I am excited for the opportunity in the budget office. Thank you.

Erin Vancleave , I want to thank everyone involved in the United Way program. We have a lot of employees at a lot for the program. Jonathan marsh Butler, Bobby King and the division coordinators Andrew and Charlie, I could not have done without them and also Janine Jennings. That group of people is amazing and they make the program a success.

I guess we will take a few moments for a photo opportunity. One -- Kwan is actually in uniform -- Juan is actually in uniform.

He needs to be recognized as part of the county government.

[ Laughter ]

Congratulations.

We are not doing a photo op? We are going to bring them out. We will take a few moments and do a photo op.

>>

[ Pause for Photos to be Taken ]

>> There is more.

There is more. If you don't mind me indulging you form one more moment --

Indulge away.

In pace -- in case some people demoralizes, something happened 10 years ago.

[ Laughter ]

By the way, he did not identify himself but that was Jim Dineen, County manager.

Our very own County manager, Mr. Dinneen has reached a milestone in his career with Volusia County

government. April 3, which was just a few days ago, marked his 10th anniversary here with our government. One thing I don't think you know, Mr. Dinneen -- about -- Mr. Dinneen, some important things that happened on October -- April 3. [ Indiscernible ] ended his reign as the Catholic Pope. In 1776 George Washington receives an honorary LL.D. degree from Harvard College . I don't know what that is. In 1882, the American outlaw Jesse James was shot by Robert Ford in his hometown. In 1964 the Beatles held a top six -- the top six box -- spots on the Billboard charts. I think April 3 was a good day overall.

People getting shot and popes retiring. [ Laughter ]

We do believe in spite of those great events that happened on that date, we believe that Mr. Dinneen -- we would all agree that hiring him would top all of those events. In fact, it is so important that I think we should take a moment to look at our monitors and notice that the Daytona Beach news show recognize Mr. Dinneen on Sunday, took time out and put an article in today in history.

Do you know how old that makes you feel?

2006, Jim Dineen arrived for his first day at work at Volusia County.

It was a slow news day. [ Laughter ]

With that, Mr. Dinneen form all -- from all of your peers here at Volusia County, happy 10th anniversary. We look forward to celebrating their 20th.

Thank you very much.

[ Applause ] -- Your 20th.

Thank you very much.

[ Applause ]

At least we didn't have a video.

Mr. Chair, do you think for one minute that Mr. Dinneen would let that day pass without telling us ?

I just wanted to make sure that he told you.

He didn't.

He was that of spoken to you.

I think I have had six phone calls from him already.

At least.

I got a box of peeps . [ Laughter ] We are so proud of him. We recognize how fortunate we are in Volusia County to have Mister Jim Dineen -- Mr. Dinneen .

I have one question. How old is a picture?

I wouldn't know.

10 years old. [ Laughter ]

I will tell you. I appreciate that framing. I thought that was the most amazing -- interesting thing in the newspaper about my career ever. I will give you two short statistics. In 10 years, what this is , I have been in attendance at 247 counting today, Council meetings , 49 workshops , and 15 special meetings , with 16 different councilmembers, --. If you figure that the average work year is 250 today's. I have been at 262 Council meetings which means that's like working every day a week, 4 weeks a month and all year. That sounds like Groundhog Day to me.

[ Laughter ]

No, you are not getting a raise. [ Laughter ]

[ Laughter ] I know that. The other thing is, I had to edit the number of budget site submitted to this councils and five arrived. The amount added up to $7.5 billion .

How many got approved?

All of them. Somewhat tougher than others

-- some were tougher than others. Thank you very much. I appreciate that.

[ Applause ] >> Back to work now. That was good. Congratulations. The next thing I would like to do, the Council wanted to do this. We suggested --

-- The letter?

Yes, we have the draft of the letter . We handed it to you. John, step up. What I would prefer we do is have John read the letter . I have it set up so that you all will sign it. It's hard to see on the monitor. This way people will know what you are saying. Do you want to do that for us?

Yes. Volusia County traffic engineer. Before you is a draft letter that's being sent directly to the secretary of transportation in Tallahassee . What we do in the first paragraph is introduce a safety problem of the crèches , and then we explain the terrible crash that occurred this week. Second paragraph, it states the efforts by the Florida DOT to justify the roundabout and light and lack of money available and partnership in submitting a request for funding to the CD PO . Be third paragraph says, we can't wait. We need to do something that. We request the DOT to go out immediately and seek out solutions that can be done. On the second page, the first paragraph says , we still can't wait for the traditional design right-of-way build that the department of transportation normally does because that would take 4 to 5 years. What we are asking them to do is expurgate the roundabout with an alternative construction build. This is currently being done on interstate build. This is currently being done on Interstate 95 with a save a lot of time -- they save a lot of time with compacting everything and doing things concurrently. The last paragraph is again stating the reasons why we are submitting this letter. This letter is for your consideration.

I only have one problem with this letter. Last paragraph, do whatever means are available to make this interstate -- intercession --

intersection quicker and safer . It should just say safer.

I think we wanted a safe and quick solution.

It's just a grammar thing. I do it to you all the time.

That's fine. If you approve this letter, we will make that change. What I will do is make that change. We will circulate it to sign now and get it to the [ Indiscernible ] and get it off as soon as possible.

I will entertain that motion. Motion approved for Mr. Patterson. -- By Mr. Patterson. Seconded. All those in favor signify by aye . Robles opposed?

Thank you John.

[ Indiscernible - low volume ] I have been asked by media outlets, how do they get this. We will make part -- make copies and you will get a photograph .

Item 15, consent agenda, affordable housing incentives report. Donna Butler? Is Donna comes up, the next couple of items, we thought they were important enough to highlight even though they were on content because these are issues we want to articulate to the public, things that we are very proud of that we are doing. Donna?

Good afternoon, Donna Butler, community services director. We have spoken about 2015 in 2016 but I want to show off a little. We provide utility assistance for the elderly. In addition to what you have heard of which is [ Indiscernible ] which provides energy assistance to anyone who qualifies, specifically targeted for seniors. We expect to help 304 households this year, on top of the 3200 that we normally provide assistance to. We wanted to give you that little bit of a heads up. That's 304 more people that are potentially going to be homeless in the community, that we are keeping from being homeless.

Okay.

That's all I have.

I will entertain a motion. Can we do them all at once ? You want to entertain a motion. Mister Wagner , seconded by Mr. Patterson. All those in favor signify by aye . All those opposed? We have a unanimous configuration. -- Unanimous vote.

I wanted to give you a little more update on this next one. I think Josh will remember when we got our dollars, he flat out said, that's a great idea but it is never going to work. I wanted to give a recap from whence we came. We received $5 million and change in NSP 1 dollars in March 2009 and three pointedly and dollars -- $3.6 million in March 2011. Since that time [ Indiscernible ] homes have been purchased a result and 38 foreclosed homes have been repurchased with NSP 3 funds. We were done sure going to give it a shot. We are so glad it worked out.

[ Laughter ] [ Overlapping Speakers ]

I agree.

It was healthy skepticism. It's almost like and I told you so moment.

[ Laughter ] [ Overlapping Speakers ]

With this action you are taking today, we are asking for a shift in how we can expend some of these dollars. We are asking to transfer $300,000 in activities to require foreclosures to provide rental housing for low income households. This announces us -- enables us to buy a home and sell it -- get it to a nonprofit for rentals for low-income households that can't afford it. This way we continue along the path. We can fit -- anticipate we can do approximately 12 more homes with income that is [ Indiscernible ] once we sell the properties. That is what is before you today.

One thing I will add to her comment is that the number of council members have said this to me. The reason why we're doing this now, I have been asked to tell our story a little better. Especially in this area, I was taken aback by the response I got to the importance of what Donna did, on how many people had no idea how much money the county spends, $7 million per year , actually $12 million if you add up both funds. What I have decided is it was right to make sure we highlight so that people know we are constantly doing things to prevent homelessness . Thank you Donna.

Just so you know, the intent is for this to be immediately in the Hearst elementary, whole place area so that they can be cleaned up as well.

Mr. Chair ?

On behalf of Mr. Wagner, I moved to approve this appropriation for additional income.

[ Laughter ]

Am I going to have to separate you two today? [ Laughter ] Mr. Patterson has made a motion and Mr. Wagner has second the motion. Mr. Lowery? I was trying to get to you.

That's no problem. I am observing day-to-day. I wanted to let you know that I do grief and depression counseling. [ Laughter ]

[ Laughter ]

Ms. Cusack ?

Thank you Mr. Chair. Can you explain to me Donna, why we can use this fund to purchase homes? Is it possible that we can use them for rentals ? Is it possible to use these homes, purchase these homes and turn them over to real estate agencies for purchasing?

That is commonly how the program is used. We actually have purchased and sold 38 homes, 86 homes total. We real belt -- rehabilitate them and sell them to low income first time homebuyers. That is the primary purpose. However, they also allow this other purpose, for them to be used as affordable rental housing. We are trying to increase the availability of folks --

-- You are saying it is possible that he comes -- these homes, if appropriate, could be sold .

Absolutely.

Absolutely.

What we want is first-time homeowners to have a chance. Rental property is great but if you can own the place, it's even better. This does not illuminate -- eliminate the possibility.

Absolutely not. We think it would just be a handful that would move in that direction.

[ Overlapping Speakers ] Ms. Cusack, one of the things this once we did the thing with hope place , they believe one of the things we need to do is get families into four -- affordable rental properties and then move them to a home so we can keep those close to Hope Place and continue with the services. If that family was ready to purchase, we have the option to sell it to them instead of renting it .

Thank you. That's a great program.

You're welcome.

All those in favor? -- Of budget resolution neighborhood stabilization program to improve -- increase additional income for 2016. Those in favor say aye . All those opposed -- it's unanimous. Mr. Daniels is not in the chambers at this point.

Now we are going to jump ahead to item number 30, resolution for adopting publicly solution plan for national flood insurance program multijurisdictional community rating system. Mr. Judge, thank you for being here today.

Jim Judge, emergency managing -- management. We have a revolution -- a resolution for a flood insurance program many multijurisdictional community rating system. A brief overview is the Falluja County .-- Volusia County got involved in 1973 in the flood program. Than a 1993 they got involved in the committee rating system.@-- At that time we were a class at [ Indiscernible ] this equals to approximately $100,000 in savings. We are working to have a communications planets part of the community savings plan which will allow us to work with municipalities and allow them to reduce their community rating system. We have a number of disabilities direct 5. I have Mr. [ Name Indiscenible ] who is our coordinator and his expertise in this area has helped Denise apologies -- helped the municipalities. We have helped others reach the goal of class 5. This is a partnership for the public works group management and a partnership within the county to be able to not only reach that and also maintain a. This is part of the CBS program requirements developed by all jurisdictions for it to become effective. I would be have to answer any questions.

[ Captioners Transitioning ]

I think this is a great deal with approval adopting the public

information plan for the national flood insurance program, multijurisdictional rating system.

Motion for approval.

Second.

I like that, that is cool. Any further discussion? No further discussion. Resolution adopting public information plan for national flood insurance program multijurisdictional community rating system. All those in favor pleased say

aye. All those opposed? So carried 6 - 0. Thank you Mr. Judge. That ends our consent agenda items. We are now jumping to item 38. Mr. Rick Karl, a designation of a County enclave in Port Orange as a Florida Brownfield area. You have the floor, so.

Thank you director of aviation resources here with Arlene Smith he will explain this is a straightforward request to establish public hearings for a Brownfield request.

Arlene Smith, legislative affairs and aviation and economic resources. The purpose up to date's agenda is to secure direction from you, weather or not to proceed with a request for a Brownfield designation, a Brownfield is an area that is or perceived to be contaminated. DEP offers cleanup and other incentives for areas of development so designated. There is no cost to the county or obligation on the county in any way from this designation. Better world civil consulting along with property owners

are requesting the Council provide this designation 44057 -- road port orange of

County enclave formerly used as a landfill. The process involves two public hearings, one of which must be after five P.M. unless the Council waives the requirement by a majority vote plus one. If Council directs staff to move forward with this designation, we propose the following schedule. April 26, for a community meeting at Atlantic high at 5:00 P.M.. May 19, for the first public hearing in Council chambers, where we can discuss more detail. June 2, the second public hearing in Council chambers, when Council will make their final decision. Again, the request today is for direction weather to proceed with this Brownfield designation request. If so directed, Council to the way of the after five P.M. public hearing requirement in lieu of the date of the meetings

listed above, previously mentioned.

Ms. Denys?

Thank you Mr. Chair. Do we have public input? No public input?

I don't have public input.

I do not have any either.

Thank you.I just did not want to comment before that happened. Council, I am in support of waving the after 5:00 requirement. I make a motion to that effect to waive the after 5:00 requirement for hearing and designation of County enclave in Port Orange as a Brownfield areas. Motion on the floor from Ms. Denys waving the after 5:00 requirement of designation from County enclave in Port Orange.

Before that, do I need to make the other motion first?

I need a second.

I want to clarify Ms. Denys ' motion. Are you approve moving forward with the Brownfield designation and approval of the times and dates as presented by staff?

Yes. As soon as I said that I looked at you and thought I did not at that exactly what she said it is my motion if I am understanding we have to first

approved the moving forward at the Brownfield designation, then we can adjust times and dates? Correct?

That would include times and dates and times and dates include before 5:00. If we get a super majority, the calendar would be approved.

Okay. Basically, you would like to change your motion, then?

I would like to make it more comprehensive to what she just stated, yes. Yes.

Okay. The motion is approval of the Brownfield

with the date and time changes recommended by staff. I have a motion made by Ms. Denys, a second by Ms. Cusak. Is there further discussion? That is what happens when I try to do three things at once. No further discussion, very well. Motion for approval designation of County enclave in Port Orange as a Florida Brownfield area. With date changes as recommended by staff. All those in favor please signify by aye . All those opposed? So carried, 6 - 0. You have your unanimous .

Thank you.

Thank you for clarifying that.

Item 39. Budget resolution contract award with Wharton Smith for the Southwest regional water reclamation facility biological nutrient removal project and appropriation of value .

Mr. Chair? This item I am putting here, these are the things that normally might have been a consent item, but in this case it is so much money and such a big deal, it is in keeping so much with your commitment to water quality, I felt it should be on here as something the council would discuss. John?

It afternoon, Mr. Chair, council members. John Angiulli, Public Works Director. What you have before you today is an agenda item for your consideration. A contract with Wharton Smith for the construction of the Southwest regional water reclamation facility of biological nutrient removal project and accompanying budget resolution. I will bring Mr. Michael Rick appear to make a short presentation and explain the nature of the project as well as introduce the team assembled for this project and answer questions you may have. The month of April marks the statewide awareness to Florida as the most precious water a precious resource. If you recall, this morning, one of the proclamations on today's agenda was a proclamation of April as water conservation of. Volusia County probably joins the district as well as over 40 cities and counties in the region, and efforts to increase awareness regarding the importance of water conservation and increased efforts to conserve water. In addition,

the state Legislature has declared April a spring protection awareness month. All districts across the state joined the legislature in recognizing the importance of increasing public awareness about the value of Springs. It is fitting today that we bring forth , as the slide states,

goal number 4 the Volusia County water quality plan is a nutrient reduction facility expansion of our Southwest regional wastewater treatment and reclamation facility. That is all there for the protection of blue spring. This project was presented to council is part of the water quality plan. I am proud that the utility division has been marching through those series of goals to accomplish those. This is goal number 4.Without further ado let me bring Michael Ulrich up to walk you through this presentation.

Mr. Chair, good afternoon. Councilmembers, Michael Rich, I would like to introduce 1st and foremost our project team before do that I want to make one quick comment. He were called during an earlier session today, Gray Robinson talking about the significance -- the significance of the legislation at the state level. Of course as far as many of the Governor's Office, cabinet, legislature themselves they consider water as Florida's greatest challenge in terms of quality

as well as water supply. This project actually accomplishes both means. I am very proud to represent this curled -- represent this project today I would like to present the team if any the design team CPH engineering, they have worked for the county pretty much since Blair County gotten to the business of utilities. The president is here today along with

two team members. We are happy to have them here today. Wharton Smith, very experienced firm who will be responsible for handling the construction of this very intricate project and we are happy to have

them here today. Also in the audience, I have to extend my special thanks to our funding partners. The St. Johns River water management District is here today, Nancy, we are happy to have you. Casey Fitzgerald from the program funding for the district could not be here today, but has been an integral part of this entire project. And another key person in the district we have been working with . Also out of Tallahassee although not here, I can't help but recognize the FTP chief responsible for Springs funding program along with others in this area, intending to the spring process. We are going to briefly take you back, before I mentioned the project, I think it's really important for everyone to understand the milestones which the Council has achieved in less than two years time. You recall many who set here at the time at the Ocean Center two years ago, and conducted that day long countywide workshop where we had all the cities as well as the county come and make representations on what they were doing in regards to water quality in their jurisdictions. Are County environmental management staff identified various water quality issues affecting most of the major water bodies within Volusia County. We had officials from the water management district participate as well as the Department of environmental protection. It was a key moments, truly. That led to a number of initiatives. I walked went down all the like -- I won't run down all the line but another key moment came with regards to the adoption of the water quality program, that Council approved back in February of 2015. Again, a collaborative effort

among various staff representatives. Kelli McGhee, Ginger Adair, John Angiulli, Judy Graham, Scott Mace from public works. An incredible team efforts to put together this plan . It really gave life to our application, which we've been submitted in March when we went in front of the St. Johns River water management District and talked to deeply. It gave credibility to our cost share program. It was a goal for us to put in this application and say we would be ready with a shovel ready project by the time they were ready to allocate those monies. That was a key thing. Again I have to credit CPH engineering for helping us get to that point. In December, of course, council did approve cost year to the some of $5.5 million for FTP and district funds. A significant award for this project. The items in yellow are things yet to come. Today of course, we will be requesting recommendation to award this contract with plans to proceed in a month, somewhere around the 540 days after that, we will have a completed project. I am just going to go ahead, actually a few other things I need to mention on that slide 1st and foremost. This clash environmental groups of the will -- the Blue Spring water alliance, the West Volusia Audubon society, Steve Kantner organized some of the letters of support and believed in the project that we are doing year. I would like to recognize Rick Karl and Arlene Smith for their work along with Gray Robinson at the legislative issues, keeping us apprised of opportunities that existed along the line. Now, I will lead you into the overbuilt. /overview. This is the wastewater plans, not exactly an exciting project if you will, but the importance is key. The only thing I wish to point out to you hear this from the left side is primarily a lot of the processes

that take place in trying to take care of the water, to treat it to the levels of environmentally safe standards. The current facility has a treatment capacity of 1.7 million gallons per day. I leave this site here and show you what has to happen. There will be some important integration, this is one of the more challenging things about a facility that needs to continue to operate within DEP compliance the entire process. As what we are attempting to do, while maintaining existing operations as we intend to add another 1 million gallons per day of capacity, and change the nutrient removal process to a five stage process. In the process, we've also decommissioned

one of our other wastewater treatment plans, and other plans, while compliance, was not reaching advanced wastewater treatment standards. We decided it would be more efficient to divert the flow rather than have two facilities. Close one and divert the flow to the larger one, the more technologically advanced facility. We have already accomplished that as a matter of fact. One of the key things in this process, again the benefit of having someone like CPH , who have been with us for years, it's how they've managed to repurpose an upgrade most of the existing infrastructure at the plant right now, which of course if you were building a brand-new plant from scratch, you could be looking well into $20 million

as far as cost would go for a new plant of similar size. The funding partners, as I mentioned earlier, the Department of environmental protection, as well as the St. Johns River water management District. The break down, you can see as it stands right now, I mentioned the $5.5 million we received from the district three DEP in the top two lines. When we began the project we based preliminary funding at another $2 million which we put in our budget. It became a placeholder to let St. Johns NTDP send a message that we are designing a plans, putting our money where our mouth is. While we did not know what the full cost would be we wanted everyone to know we were in and we would take leadership. As the project bid had come in, the total cost is just over $12 million. I have provided the breakdown as to the additional funding which we are bringing forth to make this project happen. The construction period, as mentioned before, a period of 540 days. The ultimate project benefits with this come down to what the main goals of our Volusia County plan was. Are water quality plan, to improve the ecosystem as well as reduce harmful nutrients in our wastewater. Bringing -- going through advanced processes the annual estimated reductions affecting the spring at this point we are estimating, I would say conservatively, we may do better but approximately 27,000 pounds of nitrogen removed per year. Total phosphorus 14,000 pounds per year as well. In addition, as mentioned earlier, closing the four towns plant by diverting the flow creating reclaimed water we have essentially created additional alternative water supply used for irrigation purposes and reduce the amount of pumping at Blue Spring to meet the requirements of the drinking water demand we have in the region. Lastly, if I may, I think another key , which isn't on the project benefits. Just a result of getting this grant and moving forward we are working with orange city tour to some of their economic goals for the region. By being there wastewater treatment provider, Orange City working on improvements within their 1792 corridor, which will essentially create a backbone system, connecting two hours, which will help them remove septic tanks along the corridor and encourage additional commercial development in the area, and allow that to prosper. That is such a vital thing. Utilities, quite often, are not about creating jobs if you will, but setting the table for creating jobs. That is what you really want when you have a utility that can have these types of opportunities. If there is any questions, I think the only lasting to mention is what we are recommending. Staff does recommend approval and award of the construction contract as well as adoption of the budget resolution in your agenda packet.

Ms. Denys?

Two things. First of all, I think Council, the best thing that I see here is we have accomplished a goal. We said that Ocean Center , two years ago this June, we had a full day of meetings with all the cities. One things governments and their accuracies get thing done -- governments and bureaucracies -- we are achieving goals and this is a big one. Congratulations on that. I think this is huge. I look forward to going forward. Can you also explain or clarify in closing four towns in restructuring and repurpose thing does this mean we will close another facility?

Great question. What our goal was within the spring shad we had two wastewater plans. Once again,

Michael Ulrich wastewater utilities director, as we were facing the challenges do we try to bring these advanced wastewater treatment processes we felt the more efficient

and cost-effective thing would be to close an aging plant of approximately 30 years, a smaller one. We already have the infrastructure in the ground to divert the flow

and close the plans. Essentially, we have run through a network of collection systems right to the newer plans. It was much more cost effective and we will introduce the advanced wastewater treatment

at the single plant.

Which is four towns?

Southwest regional plant. Four towns is the one closed.

That is what I am asking.

Sorry.

I guess because of this you are closing Four Towns because of them plummeting this. Is that an accurate statement?

That is correct.

In closing Four Towns, what

impact does that have to ask budget wise? There has to be a cost savings to that?

It is true there is operating cost savings. It was relatively small. The plant we are diverting the flow two, the one we have is 1.7 MGD. The Four Towns plant was 300,000 gallons per day plant.

I understand.

The savings probably within a couple hours of staff time per day, electrical cost. I would say there is probably $150,000- $200,000 a year of savings operationally, which is significant.

Plus the fact that you don't have to upgrade the Four Towns plant. That would be the cost of upgrading?

I don't know do you want to take a shot at back, David? I would base that on somewhere in the vicinity of well over $1 million-$1.5 million to upgrade.

Again, what are we going to do, George? Do we have any plans with the four town infrastructure?

I think Mike has plans as far as retention and stuff, but we are open right now.

That is a great point. While the plant itself will no longer exist from this treatment standpoint, we still have percolation ponds on that property .

Got you.

Very good question.

Thank you so much. With that, I move approval.

I have a motion for approval. Resolution for the contract award Warren Smith for construction of the Southwest regional water reclamation facility biological nutrient removal. Seconded by Mr. Daniels. You wish to have the floor?

Thank you Mr. Chairman. First of all I would like to thank you you, Mike for your pet participation. I have gotten to know Mike over the last year or so. You are one of our terrific County employees. You have done an outstanding job. You and have a very bright future. I am glad to see the county going for grant money again and getting it. I think we need to be more aggressive about this, not less. The other thing is when you do go out for grant money you may have not needed it in this particular instance, maybe you did but these are all technical type things. And

I think the staff should feel free to hire the engineering companies we have under contract, the ones best suited to do it to fill out the grant applications and shepherd that through. To the extent you don't have the in-house expertise to do it, let's get people who really know what they are doing. You know how grants are. You hit certain buzzwords -- you can be the same project and write it differently and be at the bottom of the list. That is not to be underestimated underestimated. Spending a few dollars with an engineering company to get this kind of money is well worth it. Congratulations. You are doing a terrific job. I have gotten to know you over the last year and really impressed with your work.

A separate comment to Ms. Denys comment about cost savings. Just so everyone understands every department I have is focused on finding every year, cost savings. We do not grow revenue and not to take care of the increased cost for labor, the increased cost of capital and increased cost of materials and supplies starting to go up in some categories the on inflation because of demand. In essence, everything Mike or anyone finds in terms of cost savings is re- plowed back into my approval of what their next year's budget is especially if they are looking for the raise for current employees, they have to find that. The days of adding are over,

we have to find ways each year. Even though we have reduced the workforce, even though the economy is starting to come back I'm not planning on growing the workforce unless I have to because we can't afford. Where we have to pay people I will tell you all of the directors are asked to look for whatever cost savings they can find every year and we plow it back into the operation, especially ongoing. If we are going to raise wages.

Seeing no further discussion all those in favor? Budget resolution contract work Smith think for the SR WR F biological nutrient removal project signify by aye . All those opposed? So carried 7 - 0. Item 40 is a continuation. Am I correct?

That is correct. If you like the first one you will love the second one, it is a lot less. Michael Ulrich water resources and utilities director. Once again this contract amendment in association with the construction project. Again CPH engineering performed the technical design and grant assistance for the beginning of the project. Now they will see us through to completion of the project. Conduct project meetings, ensure technical specs are met and they developed and handle the join us again President here today along with the project team. County staff again repacked -- respectfully recommends approval.

Mr. Daniels? Move approval? Motion for approval? Second by Mr. Patterson. And do you wish to have the floor, sir?

No.

Okay. No further discussion. Contract amendment with CPH think for post design services for the SR WR F nutrient reduction and expansion project please signify by aye . All those opposed? So carried . Item number 41 and MAT commuter rail system joint use agreement between the state of Florida Department of Transportation and County of Volusia. John and Josh John Angiulli, you have the floor.

The item an amendment to the joint use agreement that the county executed with Florida DOT to maintain the DeBary station. There were a couple slides in your package. What DAT is in the process right now of expanding the DOT DeBary station adding 211 additional spaces to the South of the existing parcel. As you can see on the slide this particular area is the expanded area. This section heading North is existing parking lot platform located in this facility a little cut off from the picture on the screen but this is a fully funded the project. No County money whatsoever. A site originally designed and planned

for a retention pond but there is a DOT retention pond on the east side of 1792 that will handle storm water requirements of additional parking lot. The contract , hopefully done by January 23, 2017. I think the date is doable. They are marching right now, request for proposal scheduled to be advertised, staff part of the selection team Mr. Tim Baylie who maintains the facility will be a member of the selection committee for review committee that will make a recommendation. The amendment what it does is takes attachment A, part of the original agreement that shows the smaller platform and replaces that with attachment B which shows the larger parking facility. Terms and conditions remain the same. If you review

and approve we will execute and send it to DOT for final execution.

Ms. Denys?

Are we doing public input?

Two we have public input?

No, sir, we don't.

I normally get slips before we go there. Anybody wishes to speak on this issue from the public? You have the floor.

On this expansion

this is the DeBary station expansion, correct?

Yes, ma'am .

Going forward, I guess the first thing I looked at, we just talked about item 39,

we identified all of our funding partners. When we do transportation projects, as you know, any transportation project, there are no dollars left. We are looking for collaboration and funding partners. To this issue, when I looked at it, the first thing I looked for was collaboration with a funding partner. The city of DeBary and there is not. When we as a Council agreed to improve Park Avenue and old Mission Road in the county and city of Edgewater that to -- desperately needed improvement for safety and the traffic pattern we sat down and had several meetings with the city of Edgewater at the agreement we would pay half and they would pay half. The City of Edgewater came up with $300,000. We matched that $300,000. Since there was collaboration, we had a funding partner on

a transportation issue that was important, we went forward successfully. Here is my struggle. I don't see any funding partnership at all with the City of DeBary. Mr. Manager, please tell me if I am wrong here, but I believe we approached them in the past to help us at least with maintaining a parking lot. The existing parking lot, let alone expanding it. We could not even get agreement from the City of DeBary to help with maintaining the existing parking lot called the DeBary station. If we have a city or any organization not willing to partner with us collaboratively, I am not going to support it going forward. In fact, I think this needs to go back to the City of DeBary and see if they are willing to do that. We are looking for partnership. May be part of the partnership on this, if you want to think outside the box, is naming rights of the station. I don't know, Gemini Springs or another station, but we , with what is going on in transportation, especially SunRail expansion, everybody wants expanded services and expanded facilities, they have to come to the table. They have to be a funding partner with us. Those days of funding everything 100% are gone.

We asked them for originally to just do maintenance. We felt we were handling everything else, it was in their city . Council was willing at that time to name it DeBary and I think we thought they would be willing to do maintenance. They rejected that. So it wasn't just the parking lot, there is just ongoing maintenance. When you are already there is the city, we did not think it would be , you know, that difficult for them. That they did not want to do it. Now you are adding more maintenance.

We are adding more minutes.

If you agree.

If we agree . I am not going to support it at this stage until the city of DeBary agrees to be a willing partner in the infrastructure for the station holding their name. If you go back to the project we did with the City of Edgewater, maintenance on this cannot be $300,000 a year. We are not even talking big dollars. I am looking for good Faith and goodwill and collaboration and partnership. In any project going forward with this. ADOT know how popular my opinion is or what I am saying here but with no collaboration from the City of DeBary I am not going to support it. Thank you.

Let me just say this. I have been down to DeBary and talk to many of their councilmembers . It is right here. It is your train station. Please mow the yard at least. They looked at me like I had four guys or some crazy thing growing out of the back of my head. This is one of the cases, as Mr. Wagner put out earlier today, during our discussions, it is almost childish action. We are doing this with you, come on board and join us, just mow the yard. I agree with you. Until they are willing to pony up and help us as a partner in this project,

I cannot support it. I won't support that particular project. Sir? We will get a number of maintenance cost? We will get a maintenance cost for

how many couple of bucks it will cost to drive a lawnmower.

What we are paying to maintain it. Minor maintenance on the building, trash cans. We will give you -- we will have it here shortly.

Might I suggest I would entertain a motion to table this until we get those numbers? Would that be a good idea?

Motion out of order. You want to put it off to a later .

We will entertain that motion them. I have that motion from Mr. Lowry. Would you like to second? So seconded. Motion on the table for postponement until we get our numbers. Mr. Daniels? You are on the list.

I was going to speak to the motion . I don't agree

with us behaving childish because DeBary is behaving childish. Two children together is never a good thing. I understand the sentiment, I really do . We have to do what is best for the citizens of Volusia County. This train station needs additional parking. That is the end of the story. Thank you I will have more to say later.

This will come back.

Right now, a man -- amen.

All those in favor signify by aye all those opposed? So carried. We will postpone until we get our costs. Which will move us to item 43, because item 42 was withdrawn. Permit to remove a historical treat in Spruce Creek fly in.

It afternoon, Mr. Chair, Honorable members I am Kelli McGhee, the item we are going to show you on the overhead can be found on page 43 - 5 of your agenda item. The item before you today the Spruce Creek property owners Association requesting a permit to just remove the historic tree and utilize on-site preservation as mitigation for the tree removal. The tree is in poor condition , there for staff does not object to its removal. Pitt County forester -- both the County forester and risk management have been on the site. Rick Watts representing the homeowners association and could be members of the public to speak on the item.

Is there anyone else on staff that wishes to speak? I will give it to you sir.

Thank you Mr. Chairman. By addresses 351 New York Avenue suite 200, DeLand. Either on behalf of the property owners Association. I want to thank all your staff with working on application and putting together materials today. We are principally here to answer any questions. I think the staff report covers everything. I know you have a speak to card and they want to respond if you give me an opportunity Mr. Chairman. Otherwise I have 10 other people here to speak in favor of the removal if you need to hear from you but we preferred to keep it short of that is your pleasure.

We will.

I can reserve the opportunity to come back up and respond to any points?

I will tell you what we will have to do. If I give one person, which I am going to do, the board will have the opportunity to speak. I need to get all the yellow slips handed to the specs Zimmerman. When I call the name, they can stand up and say I am four, chop the tree down, whatever they want to say. They do not have to come up and speak for 3 minutes .

Understood.

In all fairness and democracy.

We will turn them in.

She will give them right to me .

Absolutely. I'm here for questions you might have. The staff report speaks for the application. If I can respond to any other points, I appreciate the opportunity.

We will call you. I know I have one person here, Judith Ford .

Judith Ford, Spruce Creek fly and, director on the POA Board of Directors.

Give me one minute, please, ma'am . I have to find something here, a disclaimer. I know. I have a pile. Here we go. I have to read this. We are going to have a great deal of people speaking, I want every day at this. Volusia County Council welcomes your involvement and is interested in hearing your comments. Please complete a public participation slip and indicate in the subject line the issue you wish to address. You may use the back if you have to. After recognize, state your name and address for the record before beginning your comments. You may speak up to 3 minutes during this public per participation. County Council will not answer questions or requests during public participation. Please be courteous and respectful of views about the.

Personal attacks on Council members, staff members of the public will not be tolerated. You have to floor.

You want me to state who I am again?

Please. Name and address and we will move on from there.

Judith Ford, 193 Springwater Lane .

Don't be nervous, relax.

I am against the removal of the historic tree. I think the issue brought before the board is a safety issue is bogus. It has not recommended by the FAA, no documents have been received from the FAA and it is not a requirement from the FAA to remove the tree. That is all I have. Thank you.

Thank you, them. Shane McLaughlin. , speak or stand there and say I am for removal or however you want to work it.

Mr. Chairman, members of the Council thank you very much. My is Shane McLaughlin I resided 27 0 1 Autumn Leaves drive and the Spruce Creek fly in community. I, member of the board of directors and corporate Secretary. I rise in support and urge a vote in favor of our request to permit trimming of the tree. We have a GPS instrument approach at our airport. We worked hard to obtain this, it was obtained in 1999. We lost our approval to land aircraft at night at our facility in 2012 as result of trees which penetrate the certain area. This tree falls within the area. We are asking your approval to remove the tree. This will permit it to proceed forward to obtain greater safety at the airport and secondly

to apply for reauthorization of the approach. We are optimistic of the tree is removed that will likely occur. There are no guarantees with respect to the federal government, that we request your support in this matter. This will significantly enhance safety at our facility. Thank you very much Mr. Chairman, appreciate it.

Jim McHenny you may speak if you wish.

[Indiscernible--low volume] .

We are moving. I have to go through public participation. All of the list.

[ Speaking Emotionally ] .

I can't hear you.

I was saying Mr. Walsh was the first one so I was thinking now that you heard the public participation from the opposition maybe he would be given a chance to explain.

He is here somewhere, too.

I was not there.

I was going through here, I thought you were in here. I will get to you in a minute. Let's get the public in here. Dieter Tangee . In my close?

- -.

Sal J. [ Indiscernible ] .

- - Walter Reddell .

[Indiscernible--low volume].

Is that Jack Dolmar?

[Indiscernible--low volume].

Julie Schloss?

[Indiscernible--low volume].

Jack Peck?

With.

Harold Stevens.

[Indiscernible--low volume].

You have 3 minutes. State your name and address.

Harold Stevens, 1708 Barron Court, Port Orange. I, pilot for my company B&E Consulting. It is a safety issue. I brought a picture of an accident that happened two years ago with the tree in question. A corporate jet winched out of the water .

Handout to misrepresent -- hand got to misses Zimmerman.

The reason we do have more of an accident with the wind knocked off , we need to get this tree. It is the last of the remaining trees to get clearance we need to the airport. Thank you, sir.

Thank you, sir.

Melvin C. Stanley.

[Indiscernible--low volume].

Say support or not if you speak longer come to the microphone. Tonight. Mr. Watts?

Thank you Mr. Chairman. I think you heard of good bit of information about the safety aspects of having a tree at the end of the runway is a little too there are FAA really -- relations relating to vertical penetration of the 20 trying to one ratio from the slope that extends to the end of the runway. The street one of several that extended through that

plane. Essentially all the other trees necessary to be removed to comply with FAA regulation have been removed. This one was 36.5 inches, half inch over historic thresholds or required coming to County Council for the action. A couple quick pictures showing other perspectives I think you will agree you have the additional benefit of owning an airport I think you will agree having a tree at the end of one of the runways is probably not the best location. This is the tree. As you can see it is between the end of the approach and the storm water pond. Also previously part of a larger cluster, so I hasn't imbalanced canape. If you can look around the rest of the airport, there is a great number of trees there, the property owners Association very much likes to keep a heavily treed neighborhood. This one in particular is a safety risk. We ask for your approval. Again, another view, treat number two. If you have any questions.

Very well. Mr. Lowry?

Is this historic or not historic? I heard someone say this morning it was not and they use terminology other than historic maybe someone can clarify? I don't know if you remember someone lady addressed it as something else. I can't remember.

Director Guerra the resource management that was a different tree, a specimen tree, different property, different tree.

This is not a Laurel Oak this is a sweet water oak.

Live Oak .

Okay I will move on here to Ms. Denys . I did a motion or something.

Thank you Mr. Chair. With the same going to make a motion to approve. Removal.

Motion for removal, second by Mr. Daniels.

My only comment a picture is worth a thousand words. The picture we saw speaks volumes. Thank you Mr. Chair.

My turn. I could not make a comment because I can't make a motion. We had a very lengthy discussion about safety on our highways. I will tell you what, I am watching the news. I am really getting nervous. I live near an airport and I get nervous when they go over after I watch the news and someone's small airplane crashes. We had a small one near my house. A guy didn't make the runway landed in the woodland. Unfortunately everybody died in that crash. We are about safety. Safety on the airport, safety on roads, intersections. That is our job. I am seeing the 20 to one envelope. This tree is going to -- 36 inches tall because the story wide killer bonsai tree --

is that because of nature or design? Is it that wide because you kept trimming the top? If you want the Bush on the bottom trim the top they grow out. I read the poem, Robert Louis Stevenson . I will be inserted -- in support of this . Mr. Daniels?

I have one question for Mr. Watts is the tree really that ugly or did you Dr. That picture?

I'm not passing judgment on the tree but that is what the tree looks like.

I would take it down just for beautification.

[Laughter].

Charlie Brown is looking for a Christmas tree.

You can tell it is getting late in the afternoon.

We knew we were one of the last items today.

Any further constructive comment? Without further discussion, all those in favor to grant a permit to remove the tree from the Spruce Creek fly in runway, please signify by aye. All those opposed so carried. You have your permit.

Thank you so much.

Item 43 A special event ocean deck weekends on the sand. Mr. Sanders are you available? Mr. Swanson will lead the discussion . Good afternoon.

Mr. Chair. Do you want to start a new item or do you want - to finish the other one. We have the budget.

Mr. Swanson would it be all right if we take a few moments and dealt with that? We have to go back to item -- .

Come forward explain what you do and what it costs.

It afternoon Tim Baylie Volusia County Parks and Recreation culture director. In terms of maintenance activities we perform at the central station, there is mowing and removal of weeds, empty the trash twice a day. We removed the mud daubers and spiderwebs from under canape, pressure wash, paints, irrigate and electric lights. Total

approximately $77,000.896 per year -- $77,896 per year.

There it is. Right down to the penny just about. Thanks. We are now back on item 41 amendment to the community will joint agreement between the state of Florida Department of Transportation and County of Volusia. Ms. Cusak, you have the floor -- we are coming back to item 41 -- Ms. Cusak?

Thank you, Mr. Chair. I understand we are in a mode to try to be real conservative if you will on our spending. I do believe we have a responsibility and obligation. Many of the folks that live all over West Volusia area go to that station . What we are paying for the maintenance of it,

in some areas it might be chump change but I think it is significant and left we ought to approve this item. I think it would be prudent upon us to send a letter to the City of DeBary Council, saying how much it is costing us we are getting ready

-- state funding to add more spaces and at this point we think they should be sharing the cost with us. And we would like a response from them as to if they will or will not. If they will, how much. If not, tell us why they will not. Epic we need to put it on the record, even though it is in DeBary, it is our responsibility and we need to let the citizens understand here again, the county is picking up a ticket that should be shared with the city and hopefully they will recognize and share that. With that, Mr. Chair I moved the approval of item 41, amendment to the community will joint use agreement between the state of Florida, Department of transportation and County of Volusia.

Second.

Motion for approval and second . Mr. Patterson?

I am not going to support that notion. I honestly think

most of the people using the station are from Deltona. I think we should possibly, since the name, talking to the manager, the name DeBary station is a placeholder, it is not carved in stone over there, I think we should approach the City of Deltona and ask them if they would like to share in the cost of the maintenance and rename it to Deltona station or, we could call it the Volusia station. It is actually located in the community of Valdes , what it was named many years ago back when the Spanish explorer came in back in the 15 hundreds . Lake Monroe was originally Lake Valdes. I think if they are not going to support us I think it would be a service to look at other ways of in a minute. Naming rights are important. Everyone is looking at naming rights. If they want to share it with us, I would support that. But I am not going to support the motion to consider this one at this time. Thank you.

Mr. Daniels?

We need to do what is right for the citizens of Volusia County. SunRail is our responsibility. We are the ones who signed the agreement. It was not the City of DeBary, it was not the City of Deltona. We are the ones who did it. It is our job to take care of this kind of thing. We need more parking spaces there, and we need to provide them, it is our job. To go to the City of DeBary, the has a Mayor that wants to get on a raft and floated from Cuba to Miami, it is you know, insane to think that they are going to do anything. And you have Deltona. Deltona doesn't have two nickels to rub together. You are not going to get anything out of Deltona. You're going to penalize the citizens of Volusia County for two cities that are, shall we say, troubled. Thank you.

Thank you Mr. Daniels. Ms. Denys?

Thank you, Mr. Chair. This reminds me when we had that conversation and Votran . We can send a letter, we can asking if there is no chief, no reason to implement that letter will be field in a round basket it will absolutely be field. I do not expect . If we were going to have participation I thought we would about it early and. Even today. I am still not going to support it we can disagree on issues. I have no problem philosophically doing that. But to call this a childish act requiring , asking one entity for collaboration

from another, I don't think is the right response respectfully. I do not think that. It was not childish to as the City of Edgewater for $300,000 to improve that intersection . I would say their finances are probably in the same shape budget wise as Deltona and/or DeBary. Sometimes you have to have skin in the game and you have to have some ownership. Very respectfully, unless there is collaboration, it might pass, but the messages this. I am looking for collaboration going forward especially in transportation. This falls within those parameters. I am still not going to be supporting that. Thank you. Mr. Chair, excuse me, vomiting. We are only talking $77,000 a year. Is not like we're talking $1.7 million there is a good Faith element and goodwill to this. And this

$77,000 to be absorbed by an entity is not asking too much. Is asking for partnership. If we are turned down and a partnership and collaboration is void that sends a message. Thank you.

Okay. If I may, first? I can't support this motion myself. And I won't support it. But I offer

a suggestion. First, because it is like this, you are correct, we have done this with Votran and other organizations and other situations we have been in and left holding the bag, constantly. When it comes to wastewater we are left holding the bag on everything. Everybody wants us to do everything for them. I'm going to suggest before we say yes or no and send this back to wherever it goes, I suggest we go back to DeBary and tell China -- and Deltona warmer time and say there is a formal letter we would like you to take over maintenance. If you take over maintenance we will be more than happy to continue on. If you don't want to take over maintenance he can change the name to Gemini Springs as Ms. Denys suggested earlier. It is right there at Gemini Springs. People want to go to Gemini Springs from Orange County and Seminole County. I will ride the train to the Springs but what is in DeBary? Because they have issues there but this is one of the issues. They wanted the station, we signed a contract agreement that they were adamant about putting their name on the station. If you want the name, take some responsibility. I am willing to go 50/50 with it, but to continue to pay $77,000 plus, another 40 or 50,000 because we have --

this is still on the drawing table right now, Mr. Dinneen, how long before we actually have to have this agreement and? -- agreement done? Mr. Angelo? Anybody? We have time? So we actually could postpone this, sit down with the Mayor or send a letter off or send staff to say what you need to step up to the plate. Meet us halfway. And willing to work halfway.

Mr. Chair I want to offer an amendment to Ms. Cusak motion to approve the joint participation. I want to amended that the station would be renamed the Volusia station since it is a Volusia County station and Volusia County is paying for. We would strike the name of DeBary station and renamed the station the Volusia station. That is my motion to amend.

Second.

Motion to amend and second to rename the station the Volusia station.

I like Gemini Springs better.

A letter in my motion.

An amendment to her motion to approve the joint -- approve it with the renaming of the station from DeBary to Volusia .

Not yet. No letter, approve it rename and move on. I have a second and all those in favor of the amended amendment

to the motion please signify by aye. All those opposed?

Opposed.

Okay. There is -- amendment .

Sorry?

Who opposed?

Ms. Cusak and Mr. Lowry.

That is an amendment to the motion. Back to the main motion, approval of item 41 as amended . There we go. We are still on that. Mr. Daniels, you have the floor.

Yes. I was talking to Ms. Denys and apologizing, probably the word childish is not the best to have fused. It is for tat and that thing. DeBary is distracted by its rather comical Mayor and you have Deltona that has its own set of problems. That was really my point. Mr. Patterson's renaming of the station, going forward, I think is fine. I am good with the. I did want to apologize for the childish comment .

So received.

Thank you.

I can feel the love appear. Mr. Wagner? That might have been lunch. It was truly a Hallmark moment. Mr. Wagner?

Know.

I don't want to hurt it but you realize we are complaining about 77 grant and how much money has to be spent to change it from DeBary on all SunRail matches Volusia County paperwork? I like the name I think it makes sense that are we going to have to pay.

Orange County and Seminole County have to pay their own way.

There is a big cost.

It is cold a funding partner .

477 grand my firm -- for 77 grand if you need the money -- Billboard included that I get the flash I think they are name makes more

sense until we have a second train station but there will be a big cost our partners going to freak out? Just a question for staff. We have a partner on this rail line

and all of a sudden we change our name on our materials.

I suggest something? I would like to do this. We have a little bit of time. I don't see the environmentalist meeting if you let me put the letter together and ask. Us Deltona, as Ford City. Until we knew -- in time that we never knew the ridership. Between the three of them. You have nothing to lose if we go together as a cooperative. They may decide no problem nothing to lose. We could pass collection plates in this assembly and get more money.

[Laughter].

Mr. Chair, move the previous question .

Ms. Cusak would like to speak. The Solora? She still had the floor.

Never gave up? I thought you are done.

The only thing, all of your points are well taken. That for every action there is a reaction. If we start renaming stations, over $78,000.

If I may. It will jump .

It might jump, but so will life. There are bigger fish to fry . When you look at the entire SunRail system , for us to be spending time . You know everybody has ideas and opinions. We all do but that is what is unique about this Council. None of us think just alike. I implore you to get

them the opportunity to ask them . If you -- if they say no you tell me you will turn down many and tell them you don't want to build a station

and additional spots and Deltona if you can't about? What are you going to do then? You have to remember, if you are so fat and then helping maintain it, are you just as set in saying to the State of Florida we don't want the additional spots? And West Volusia? Think about it. Thank you Mr. Chair.

Mr. Dinneen? Did you say your piece? Mr. Lowry?

What it the appropriate . Shooting from a hip all of a sudden. I don't feel comfortable with a lot of things we're trying to do here. Can we not table this until the next meeting?

There is a motion on the floor they cannot be tabled until

after the motion is voted on.

I would like to speak again if it fails.

Very well. Mr. Patterson?

I want to move the previous question and we can always go back and change the name later when we have other stations on there as everything comes about. Right now the train is coming to Volusia County. Going and renaming it the Volusia station is fine.

Okay.

The question has been called into we care the 2nd 4 a question? To Mr. Wagner. All those in favor of call? Please signify by aye

all those opposed? Question has been called. The motion is for approval of the minute to the commuter rail system drink is agreement between the state of Florida Department of Transportation and County of Volusia to include changing the name of the station to Volusia. Volusia station. Does everybody got that? Everybody understands the motion. I want to clear, because it wasn't -- was confusing all those in favor signify by aye. All those opposed? Any other ? Motion passes. For the record, .

For the record the motion has passed the amendment to the commuter assistant joint use agreement between Florida transportation and a.

Three opposed Ms. Cusak, Mr. Davis Mr. Lowry.

Exactly the damage he wanted to know? I was going down the whole motion again. Motion passes. Mr. Dinneen, I would appreciate it if you'd reach out to the city's and contact them. Please.

What purpose?

They can still pony up and help. Even though -- that is argument discussion is not been parking.

Let me interject. I have never met their manager before but supposing is to talk to me about things that may involve stuff they want from us? Once they hear what direction we are going, that discussion may come up. I will have that discussion with him and others. If anything if I think there is information pertinent to the Council, I will let you know. At this point we passed a motion to move on.

We got that. I still would like the City of DeBary to help or Deltona to help. Yes Ms. Denys?

Is it possible -- the Council has pretty much sent a message in this direction but is it possible

Mr. And Julie said we don't need this until when, September?

Construction was official around January of 17.

We have time. Mr. Manager and council would it be possible to allow a window of opportunity to speak with the City of Chandler and or Deltona based on where we are now can we put a 30 day delay in to give them each one opportunity for cities to meet for

implementation of what we just passed.

Mr. Patterson has the answer.

I believe the next City Council meeting is Wednesday before we meet on Thursday of this month. So, I would suggest that if they agreed to it, something, and Mr. Eckert can tell me if I'm correct or not, we reconsider the motion that we passed today at our next Council meeting, if they decide they want to participate. If that is the Council's will at that point.

That is the word I was looking for. Thank you, Mr. Patterson. To reconsider then. Council, is there agreement? Do we need a motion for agreement?

We have to come up at the next Council meeting.

Is there interest from the Council ?

Let it lay there. Mr. Dinneen will be meeting with the manager over there. We will see -- we agreed to change it [Multiple Speakers] reconsider the motion at the next meeting if they decide .

I don't think they meet until the first Wednesday of each month. The workshop, unless they changed it recently.

I was listening to it last night, an interesting meeting. To say the least.

At the first -- .

They were talking about their next meeting on the 21st .

I believe that is a workshop. I am not sure it is a regular meeting. I am looking right now, I will try to find it for you.

The easy over there.

No draft required, Mr. Dinneen.

[Laughter] .

Can I play one more thing out on the DeBary sign it says end of the line does it say that the other events. Wouldn't we be the beginning?

The beginning of all

[Multiple Speakers].

It is the commuter [Multiple Speakers] .

The interesting thing the heaviest ridership is in Volusia County. Percentage of ridership in Volusia County. I am going to move on here. I will ask a special request if I may. I know you are here for the Ocean Deck I want to jump over you want something for the Jr. Lake it will take about 5 minutes. We will jump to item 43 B the use of the historic warehouse by the Jr. service league.

Thank you. Community information director, the Jr. service league is recent test requesting that use of the historic courthouse rotunda and up stairs the balcony for their spring social. The request permission to serve alcohol, catered and some entertainment. If approved the Jr. service league would pay for and comply with security and custodial fees. Erica Carter is here if you have any questions .

She did that like all debutantes. Mr. Patterson?

Move approvals. Motion and second by Mr. Wagner.

She waved like a debutante. Further discussion? What kind of entertainment? Music? Marching band?

You are not allowed.

My name is my name is Erica Carter and at bats 311 West University Avenue. The entertainment will be a DJ, mix of 1940s retro patriotic music with hits. We are not selling alcohol, it is included in the price of the ticket, $30. If you know the Jr. service league member which I know there are plenty of ladies.

She is doing the royal wave.

Many ladies in this community have been in Junior Service League. You are all invited. I hope you come. The rotunda is perfect. The beautiful stained glass, the oil paintings, it is fabulous it will go with our theme, pinups and patriots dress up like a 40s girl or patriot .

Ladies only?

Absolutely not.

Can do Jason dress up like a 40s girl.

Costume contest winner.

I have that image in my mind [Laughter].

I can do your hair?

Ahh yes . It gets 4:00 DAESH we get

-- all those in favor use of the historic courthouse for the Jr. service league please signify by aye. All those opposed? Have a good party.

Thank you. You are invited.

Swing music.

It was the 1940s.

Special event Ocean Deck weekends on the sand. Mr. Mark Swanson you have the floor.

It afternoon Mr. Chair, council members, Mark Swanson, beach safety director. You have in front of you today a request for the 2016 weekend in the sand schedule, this is stirring turtle nest season. In January 21, 2016, the Council approved 20 days of events February to April 2016. The staff recommended a total of 40 days, a request for an additional 32 days for a total of 52 days in 2016. And 2015 the Council approved a total of 39 days. This is here for your direction.

Thank you. That is the end of staff reports. Is there any public --? Worded Ms. Zimmerman go? -- where did Ms. Zimmerman go.

The applicant is here.

I understand I see other than you I know you are here sir. You have the floor.

Ken Botts 6201 Oak River Terrace in Port Orange as representative of Ocean Deck. I want to talk about special events and how important they are . Just to feature some of our beautiful beaches in Volusia County. What it allows us to do in our area of the beach, which was first traffic free beaches zone Emmet County, that takes us back to 2001. Since that time, the County Council and staff have been very supportive of allowing us to hold special events. Again, because it was the first traffic free beach zone, there was quite a learning curve to figure out how to breathe of little life into the area. With inviting people down to the beach , allowing them to drink alcoholic beverages, listen to music, enjoy sunshine, moonlight

moonlight, they gave us the opportunity to showcase that area. It has been very successful. As you may or may not know there has been a float stand, concession near there. Going on probably 30 years. And I know a number of those owners have struggled through some of the hard times where it was pretty quiet. Withholding best special events and the investment the Ocean Deck has made in off the beach parking as well as attracting some other area businesses, specifically getting Starbucks into the building across from us on Ocean Avenue. As well as the city attracting Joe's crab shack. You actually see beachgoers taking

advantage of off the beach parking available in the area. Utilizing that beach. Some of those beachgoers will come to the Ocean Deck, some choose to go to Joe's some choose to enjoy the sand. But, the courtesy of you extending that ability for us to do special events on the sand has helped that area grow. It has helped it get cleaned up, it has invited back local doubt never thought about going to that area, because for quite a while it was blighted and quiet. The number of areas since 2004 have gone from seven down trench the two. The two that remain are in cleanup and fixup load. I would just look forward to you promoting more special events not only in my zone.emmett Holt traffic free speech zone down there. Thank you.

Thank you,

Mr. Botts. Got me all choked up there. Rob Merrill you are here for applicant questions only?

I heard some questions that I would respond. Rob Merrill, I am here is an advocate for Ocean Deck but I have to tell you I am here because I believe in what they are doing. I've experienced it myself firsthand for a long time. Mr. Botts is an upstanding member of the business community and has done a great job at these events. If you have been there you would understand that. Forty days versus the two days, if he is able to have lights on a music from 9:00 or until midnight, there is a lot going on in this if you have not been over there and spent much time next to the beach this past year. Vertical construction at one Daytona, a brand-new motor sports arena that rivals anything in the world. Hotels significant ones been remodeled and groundbreaking on another one this week. Tomorrow, I've been. The things going on at the interchange with all the things behind that, last night our first reading on the -- they are all happening

that we need to entertain them that is what this guy does he does that been a wholesome, clean people low post -- things that are happening that are uneventful I know this on the beach is behind this sort of thing I hope you will join us in joining with Ocean Deck to allow this to continue and I think promote it further. Any questions? Since that was the beginning [Captioners Transitioning]

People that are locals like myself are back because these are happening and it is a vengeful. I know Daytona Beach is behind the sort of thing, I hope you will join us in joining the ocean that to allow us to continue and to promote it further.

Any questions? Since that was the beginning of what I said I would do.

[Laughter] I do not have any.

It is always a pleasure.

We will call upon you Mr. Merrill .

Thank you very much.

Is Denny's quick but thank you I will approach yet again from a policy standpoint Council, when we talked about this last year, I believe it was last year whenever we had one of our last discussions of this particular item just like the golf carts if we will create an ordinance, if we will have special exceptions, it has to be countywide here.

Because there is one thing and I think we agreed to do this just for the time in the setup that happened last time, if we are going to change this totally unchosen chases on the beach down on [Indiscernible - static] are going to want this option too.

Can you put that up on the screen here. >> And this is what was submitted will first of all I want to go to the application, the application Council members if you look in what was submitted,

on page 7, our beach rules and guidelines, this is our policy. Our guidelines. Over 11 first one of the hall and glass containers are not allowed, there is a question mark. But about one under 11 also making devices are instruments was not by more than 50 feet from the device or instrument. There is another question Mark.

If we are going to have guidelines and policies and we put this out there, and an applicant is allowed to either not respond or respond with a question mark, that is noncompliance.

That is just flat-out noncompliance. >> And then if you look at this, where we got into the slippery slope and I think what stopped us cold last time was the property owner -- it said the property itself was 50 foot across. He had at that point extended I believe over 100 feet, 25 on each side of his property. Property areas actually into the beach which actually is the property owners because the County of the be.

So now we are going from 50-75% so there is another 50-75% -- so another 25 foot, that is a 50% increase from his existing property that he owns.

And then 75 foot down the beach, this is what we stopped last time the encroachment, this is my we unanimously stop the last time. And I -- and my concern began -- is at high tide, there are reports -- and it has been reported that you cannot get past that part of the beach because of barriers like this. >> So if there is alcohol and we know that there is, okay, so that it has to be blocked off. So when you do that, you are basically creating a private beach with literally no access, no axis, for some. We talk about diving on the beach and one thing we are required to do is have access and this is actually cut have access.

And again it is expanding on in an area geographically that he does not own. >> And for all of those reasons, I am not going to support it. I think it is an expanding slippery slope yet again. In Council, maybe Mr. manager, we need to probably talk about this and that specifically this business, but if we are going to open the beach up -- and we do the special event permits, but this is not special events. This is not the exception. This is trying to become the rule and if we're going to set that as an ordinance that this is what Council wants to go, let us set that so everybody including the business owners know what they are dealing with.

But one thing we cannot and will not do is set of a private beach that is -- we have made as a private beach area.

So I am not willing to do that. And that was the conversation last time we had that was very clearly stated, so based on that, based on the expansion of past the property he owns a based on the fact -- there's purposely -- did not answer the application, or respond, so we do not want less on the beach, does do not want less on the beach period. >> I is troubled by this but I think this issue

-- we need to talk about, console unless you do not want to. If we do not want to, find we will say no, and move on but I can tell you do it might district if we did this and closed the beach off, like goodness, only goodness, so we need some direction. Ethicality where we want to go and open it up to public input on both sides of this issue.

I need to hear , but I will not support it, thank you.

Mr. Wagner? >> I think I have never really wavered on this a pretty consistent that I would want all businesses to do it. I think it actually is a great thing. When I was in Hawaii recently , they use the beach in such a neat way and just a lot of life down there. Granted it is a different completely different user. For the most part.

They do not have cars on the beach, do they?

Either do this area. You're talking about [Indiscernible - low volume] we have two different models when you look at our beach. We have really three different models. You have it on driving beats, a driving beach and the qualified where we close parks and have people drive through.

So if we are really thinking about the retreat in the same, I do not. I think you treated differently. I for one am okay with alcohol of the beach, I think going down like in Hawaii taking a piña colada and watching the sunset is a nice thing and it is enjoyable and it is not a cake party and it is just not sure you guys are probably thinking of [Indiscernible - low volume] spring break you just got to it, I know. That has to be limits to at, I understand. But as far as something in a fenced in area I would before [Indiscernible - low volume] inspector might be for all the time. Just because I think they do a great job and I think of it is structured right, I think we should allow the businesses, we should be promoting other businesses to do it. As Rob said we are in a transitional phase of Daytona Beach and I think these are nice amenities, I do. If you are out having a beer and a cake in the sanity in an MRI that no, I do not if you are doing something nice adding I said that, I think it makes sense and I think though, you brought of the image and the look a couple of years ago that is important and you wanted to look a certain level and class.

I probably at the other end of the spectrum so I don't know where everybody falls in between. Yes, I am of two discussion to answer your question.

I think we need to have that Josh and I am not against alcohol on the beach and that is not the issue. Because I enjoyed cases on the beach and Tony and chosen down at the Breakers but at the same time, I think you're right things are changing. And I would be open to looking at this as a comprehensive change. I think it is time . Do not let that get in the way of the concern of not agreeing -- not signing off on the application unless we will change the application. No class on the beach in the low -- there are major changes here. There are major things not being addressed, and noncompliant, that is my concern.

Yes, you can look at all parts of it. And the plastic on the beach is a horrible idea. Step on broken bottles and broken glass and barefoot, and you want to have an issue, go to some rope year after crabby Joe's on a Saturday night and go down there on Sunday find a bunch of garbage and I tell you where it is at [Laughter] I separate there so I see it, it is disgusting.

Not within the polls.

Would never admit to actually surfing on the [Indiscernible - low volume] [Indiscernible - multiple speakers] >> But as far as the discussion, I do think we should have discussion and I think part of that discussion should be do we consider drivable beach or non-drivable beach different and how that would change and also have Boardwalk will change that we are talking about the board what discussion. That Boardwalk is going to create a classy environment and I do not mean it is a white tablecloth but I think it is more of like when I was in Hawaii, you expected a different level of beach enjoyment. And I think ours is -- some parts of our beach you go down there and it is a little gross, I will not lie to you. It is. But then again in Hawaii on the South Shore, other areas, what do we want? What do we want our beach to be? And maybe that is what the discussion -- we tried to have that the division -- discussion of how you would have go but I think the contracts are coming up again in the year, Jim, isn't that right? Maybe it is time to have that discussion, of alcohol and how would you do permit if you had alcohol and with a be one vendor that had alcohol or how would you do that would you have gone driving? Probably would be hard to drive and I get that. But I think part of that [Indiscernible - multiple speakers]

Did not say that because in all Southeast of tailwind and the tide we actually have were beach in some areas like depending where you go, there are even high tide

there is still quite a bit the beach for some of the business is down there so I guess what I'm saying is I would be open to that discussion and I think it is time we welcome that and maybe this is the impetus for right now for this particular project, I would like to hear -- I want to hear what the rest of the Council says.

May too. I tried to respond to Debbie's questions.

Right, going to try. I just want to be clear [Indiscernible - multiple speakers] I don't think there is any public to say one way or the other but the question about about bottles, there is no intent to have bottles on the beach. I think what can was had to do was make sure there was a question on the floor and the statue recommendation is as a result of the recommendation is all call okay on the beach of this is something that we had to come to you to ask and not letting staff improvement and as it relates to the sound we had a question about when the sound had to be turned off and so he left the question Mark that you. Was an open between nine or midnight and that's the question we brought on the for today. You have a recommendation from staff and we set 12. That is the only questions aware of their dead in the 50 and 75 a question, this is a diagram we had you have go in the same one crew back in January and there is -- it changes 50-75 with the size of the event so we had different categories of international this is been a while and you guys do not live this like Kent does but we had a long discussion about those things we really has to doubt that is where we ended out this diagram is the same, and I want to make it clear that we are not -- I understand how to policy is a good idea and I agree with that, I eventually for that since the person I want to appear with two bots.

The policy will be conjugated because they just different where we go and [Indiscernible - low volume] there is a place for some of his maybe not that is it -- execs the but the reason we are you today and step made recommendation by the board is because we have the opportunity to do that. The ordinance now allows it to come in with a special request like a PUD. It is not a project, this is a note pointing he has been doing for many years successfully with no complaint that you guys are W telling him he has problem with spring breakers that are police problems or anything like that. Is a positive. So we only request we have between what is that with the managers get in terms of recommendation is matter of a few days and hours. And is based on this guy's experience running these events.

I just want to clarify death for your benefit, that is it.

Mr. chair, Rob, thank you for that so you are saying what we are seeing here is what we improve previously.

Yes, 50 and 75 that you question is a moving with and that they on the size of the event that he can describe in detail, the same day we went out not this past generate of the one before. And it carried over to the whether you're approved upset the got to come back internal this up because the contagion as a result of talking to DEP which we kept him.

Speaking of DEP they have to sign off right on the lights [Indiscernible - multiple speakers]

Correct.

Was it assumed in that application process it has been stated that the County has signed off in it therefore with the DEP and environmental [Indiscernible - multiple speakers]

We need approval from both you and the DEP. We were not trying to default to anyone either side but we need approvals from both.

That it was not as open the application because Council approved that we are improving the lights and the sound during [Indiscernible - multiple speakers]

No assumptions from either side. Just a request from both sides.

Okay, thanks Rob for the clarification.

Ms. Cusack?

This is what I am going to do the Junior League earlier to get that them.

Thank you Mr. chair. I think that I am in total agreement we need to have a meeting that will be a tad bit more explicit as it relates to policy and how we will deal with different areas of the beach. That is not happen.

And in fact we approved of the motion vector that schedule last year and it was based on the fact that because we were not completely together if you will have the policy set in place that we would improve 39 days. Is that correct?

That is correct.

And that discussion has not occurred or is not complete at this time?

Angeli, [Indiscernible - multiple speakers]

Correct. And I think part of it was on clarity in terms of what the hotels we are looking at coming on the beach and there was all kinds of issues and this was like a placeholder, is what they did. If I can interject to help here, [Indiscernible - multiple speakers]

If you will let me finish. And that is fine. Is 39 days was approved by this body last time, and the indication -- that work okay? [Indiscernible - low volume] this is too tall for me. [Indiscernible - low volume] adjusted down.

Do you have any problems with the 39 days?

No.

And the fact that [Indiscernible - multiple speakers] somebody tell me what would be the concerns from 39

to say 42, what determine the number of state that you approve?

Let me see if I can help you miscues that. Last year you are proof days in February, March and April, approximately 20. Is your your improving February and March and April personally 20. Last year she had days in May, June and July and December. This year the request is made, June , July, August, September, October and December. So three additional months and without giving specific as to days per month because it June last year was five and June this part is for July has a few more days and five days in August by this in September and today's in October this year which makes up the difference between the 39 last year and the 52 this year so essentially asking for seven days in July, five days in August, five days in September and two in October. Which is the differentiation between the two calendars.

Which happens to be 17 days? But it comes out to be [Indiscernible - multiple speakers]

13 additional days. [Indiscernible - multiple speakers]

If I may the concern here that's right -- as the upland property owner is assuming that [Indiscernible - low volume] he has the right to make the use of the beach which is not inconsistent with that of the public. At some point when you enclose the beach and you enclose it for very large space and the tide comes in and your closing it for an increasing portion of the year, it becomes an interference with the public right to use the beach at that location.

It is a duty those opposed upon viewed collectively by the charter says you have duty to protect upon and enforce public access to the beach. >>

Be concerns here involved not only

the environmental aspect which is a separate concerned that you have, but maintaining the public right to use the beach at this location. And so the status trying to seek some balance to make some use of the beach and not interfering with the public use. And that is the judgment we are asking you to make. We understand that it is

desired to make policy here. There have been a number of factors that are involved in the beach that is changing. We have talked about building a boardwalk which we change the nature of it and we did not think we were ready to make -- for a comprehensive policy recommendation to you. And so the recommendation was

that the policy which was implemented last year that which would carry forward by the year. Well, next year -- frankly you took back some days but those days of grown to quite a number and now I think -- well that next year it is an incremental argument but at some point it interferes with the public right of access to the beach and that is a judgment you will have to make.

At that particular location, the public access is limited, is that correct?

I'm sorry public access is [Indiscernible - multiple speakers]

Is limited in that area?

Limited, yes ma'am.

And it is limited so much so that 39 with the acceptable number, but 52 is not ? But that is our recommendation to you. -- [Indiscernible - multiple speakers] I am just trying to reasonably rationalize if we are going to do this, we really need -- we need to have a policy in place. I get that. >> Where I have some heartburn over is the fact that the staff has indicated that there was no problem with 39 days.

I'd be is that has indicated to you that there is not a policing problem [Indiscernible - multiple speakers]

But the policing problem is different than the [Indiscernible - multiple speakers]

In the endless problem, I understand the to. --

2 it is really the fact that we have had complaints that folks that don't have access to beach in this area [Indiscernible - low volume] where are they coming from? Nobody is here today.

Well -- [Indiscernible - multiple speakers]

I want to be -- I hear you but I do not ever want us to say that people did not have access to that beach. We make a decision to say that it could be a problem with access and nobody is saying that you are looking into the future that it could happen. So for me the point is that we need to get that policy in place. So that we were not have to deal with this kind of issue.

I would agree to have -- to follow the recommendation of 39. So apparently the 39 days is not acceptable?

We recommended that as an appropriate balance, yes ma'am. >> Okay, I hear you. But it doesn't make sense to me. That is just -- I am just one member of this group. [Indiscernible - multiple speakers]

Because I cannot see -- somehow someone needs to tell me how you can rationally say 39 is accepted, but 40 is not.

While I do not think -- it is adjustment to be made by you but the notion of customary right of use as a beach is that it is ancient, reasonable [Indiscernible - low volume] uninterrupted. Local and in the uninterrupted part [Indiscernible - low volume] at some point the use becomes interrupted for a segment of the beach. In the charter declares upon that the entire beach of Volusia County is subject to that right of customary use. And I understand that the notion that Daytona Beach is different but this use repeated puts into question where you are roping of the beach for a very large segment puts into question the public right of use particularly at that location. You cannot pass by as was said at high tide.

Now the differences -- what gives me a problem is that we -- almost like the $70 we are paying for maintenance and some real, here we are having this great discussion over 13 days. When you are saying 39 is okay but 13 additional is too much. And the reason I say that is because we do not have a policy in place. And in order for us to stop this, and not have to continue to come here every year to approve, if we have in place that this is a policy and this well -- everyone that wants to have things on the beach, these are the numbers in the days and the ramifications as of how we will deal with that.

And until we get that, to me it does -- for me what is reasonable is the key. And what is reasonable to me is not reasonable to Josh.

That is my point.

Thank you Mrs. chair for the tolerance.

No problem ma'am.

Mr. Daniels? >> On the record pickup Ms. Simmons, I have a couple of questions, when we talk about in closing the beach, wire enclosing the beach and what can people walk through this thing works

It is not necessarily enclosing as much as it is the perimeter pieces of the speech when she stays on overnight. That is the proposal that bluff that area where the tide comes in.

Now what about -- that principal point. What about U.S. Fish and Wildlife, are they okay with this or does this affect our take permit at all ?

No take permit goes to driving on the beach and as long as we comply with our lighting ordinance.

That this comply with our lighting ordinance? >> The request to have lights on the beach after 9 PM, I do not believe so, those are.

That would be a problem, with it? >>

It would be something I would have to defend, yes Sir.

Defend what they may defend?

If you want the fish and wildlife to raise the issue, I would have to -- if Council were to granted I would have to defend Council decision to them and explain why it was in compliance but at this point it did -- makes me very uneasy.

So it does not comply with our lighting ordinance to make how can we improve something that does not comply with our lighting ordinance.

I believe that there was a to incorrect and by putting down the side of the tent that the light would be -- when it be visible from the beach.

The light is on the beach.

There and lines the disagreement between two boys.

Well, lights on the beach lights on the beach. Look, I was there will be drafted that damn thing, I do with it says. The other thing is this, the closing of the beach I think is an issue. Lighting is a problem in going after 9 o'clock is a problem. But the enclosing of the beach with seeing to be something that could be handled -- I don't know about moving the stage or anything like that but let us stay away from that right now.

But if you're going to enclose -- not enclose but if you're going to have the beach a certain number of feet away from the building and you are going to let people want them so you have not really close that, they can stroll or do whatever, there is no cover charge there is no nothing, people can walk-through, if you are taking that though is some sort of barrier, the chart types many years in advance. You would know what the type would be and what they would be there.

You know high tide and low type but you do not know the extent of the Titanic on any given day.

They've got a lot better about that. Mr. Daniels, I have been doing this for 25 years and I can tell you the beach patrol has called -- to bless me with a type will be on any given day and some of them have been down there a lot longer. You take your best shot at the sides of the track to fix that having plane and the type starts coming in and they are going down the beach and they are moving those signs.

While, you know I am a sailor and one of the things you have to do to be able to salable is the weather times are going to be and how fast the title going to be moving and how they will be or how low they will be. And ahead note that all the time. And it is not rocket science. It just is not. Multiplex but occasionally I will grant you this multiplex but you do not want to start the start [Indiscernible - multiple speakers] because I know this about your sailing ability pass

You know, you been talking to Patterson, have to?

And Mr. Henderson [Laughter]

Henderson has never been with me.

[Indiscernible - multiple speakers] that was another vote.

Henderson has always been scared. He heard Patterson story and he will not go.

[Indiscernible - low volume]

I cannot tell him a damping [Laughter]

-- Damping. Here is open so he will not go.

Developing belt is that it is not rocket science. Indeed there are tide tables, they are all over the place, there all the public information and they do not have it as we were as. The amount of water that is in a particular location is occasionally affected by the wind but you can determine the wind or anything some sort of production of the wind also so this is not something that is [Indiscernible - low volume] you will occasionally have an event that is out of the ordinary but it is not something that I think we should get ourselves tied up in knots about.

The lights on the beach though I think are a concern. I do not think that we ought to be creating a reputation in pushing the limits of our permit with U.S. Fish and Wildlife and with BP, of a bit concerned about that.

The enclosure of the beach, I think we could probably handle. Of a little bit uncomfortable with the midteens overnight. I do not know how the rest of the Council feels. I think of leaving things overnight that you begin to claim the beach for your own instead of just using that temporarily which is what the whole idea is.

Those are my issues. >> I have very similar issues there Mr. Daniels. Ms. Seaman, if I understand this correctly, this lighting issue at night, would require an Environmental Protection Agency to sign off on it.

Yes or.

I understand that the applicant is asking us to do it first and then he will go get the other signature ?

He is asking for permission to midnight and that yes, you what they go and ask DEP [Indiscernible - multiple speakers]

I have a pretty good authority by somebody I rely on greatly when it comes to these kinds of issues that says I highly doubt that the DEP will sign off on it so my suggestion would be that if he comes to us with the Department of environmental protection, letter or permit, that I would be willing to address that issue again but at this point without that letter, I am not willing to go down that garden trail. >> I am more than happy to address the same issues that we did last year. Given the same days we gave them last year. We have set that standard, we have opened that door, shall we say we cracked that door and opened it all the way and that is where I'm standing at. The 13 additional days, just not really feeling it. That is extra time on the beach and everybody is having a complaint about Ruby not the beach and all that. And is overnighting, we just cannot do that. So I am willing to go with the agreement we had last year. And the year before. I am more than happy to sign up on that one but I just cannot support this new issue coming forth.

Ms. Larry?

Thank you, one quick question. I was public use does that section area of the beach get some places are like covered up and some are barren. Some are beach patrol or whatever or in like me there is that heavily publicly used their?

You might want to add one thing there. In the ocean that was not there, Weatherby anyone their?

Yes, [Indiscernible - multiple speakers]

Telling you the ocean deck did not exist, there would be nothing there.

One testimony?

I am unbiased. But [Indiscernible - multiple speakers] >> I surf there at least once or twice a week at the pier, [Indiscernible - multiple speakers] I pedal down to the ocean deck and serve what I tell you is that is an active place, that is part of what is happening it is an active part of the beach. What he is doing does not impede that and these guys can attest to that from a policing standpoint, but from a use that point I see the people down there all the time and they are having fun. It is a positive thing.

[Indiscernible - low volume]

All right. Mr. Wagner?

That is what I was going to bring up, Brad, it is an area beach that is not going to one of these public lots where you have a lot of space to go. It is people that are literally either going there to get and they are getting the private parking that they have or they are painted Park to go and if they are not going to the boardwalk area they are going to the ocean deck but when I go to for logically for lunch and there is just not a lot of people there during the week and there are some like when there are that's going on and you get the volleyball nets of and stuff, but I think we are going over something that will be minimal in a few days and have the state permits to do the stuff they want to do so if we were getting arguments, has anyone on this Council got a single email that they are trying to walked on the beach and ocean deck was in their weight? [Indiscernible - low volume]

I have never heard of anything,

not once we argue this and I get it from a legal standpoint, damaging, all right and I get it from a legal standpoint but impracticality it just does not happen. The best thing we could ever have happened is have 15 ocean decks and we finally get some person complaint just like the lady with the ugly looking tree that she wants to say that it is 90% dead anyway but the best problem we could ever have someone would complain because guess what? That means it is working. We're still not working because we are not getting any complaints.

I cannot be the only one that is thinking this [Laughter] but we need to have -- [Indiscernible - multiple speakers]

I was just in St. Augustine and last weekend and it was in St. on there. So many people, so much stuff going on. We need stuff like this to get the people. I ate and drank my way through St. Augustine. I cannot eat and drink my way through Daytona Beach. There is no way to go. It is just not -- we are just not there yet.

[Indiscernible - multiple speakers]

They do not serve me anymore. They reserve the right to refuse service.

[Indiscernible - multiple speakers] I do not want to get passionate about 13 days, 13 days. I will do it but what do you need this Council to vote on so you can go to the state, Roth and your the legal here and want to make a motion.

Are just a couple of things we were asking for in addition to what the manager has recommended or step is recommended which is a 13 days. Instead of nine midnight in the market be open until 3 AM within 2 feet away. And there was one other thing, I'm sorry. >> Leaving the stage on the beach overnight.

True, will be saving in the state on the beach overnight, it is only for the events that are today events or three-day event [Indiscernible - multiple speakers]

On all accounts, [Indiscernible - multiple speakers]

Okay, hold on, Rob, that is not what the application says. The application and any email due to clarify this, that in the event went till midnight that the state was not coming of the beach until 11 AM next day.

Right.

So it is for all event [Indiscernible - multiple speakers]

It would be the next they correct.

All events it would be the next they put the two-day event it would be three days before the event it would be five days.

So between midnight and [Indiscernible - multiple speakers]

Let us be clear about this. [Indiscernible - multiple speakers]

Big difference. Mr. Daniels touched on it and this is why it is not about the 13 days. One, the light of the lights, either an issue that they can or cannot do and that would be an interesting argument because of Mr. Daniels says it is on the beach of that would be interesting. But the other part is the difference between the application before and this one, is that the time that the stage -- backstage, occupied the beach for a period of time has significantly increased, and that is the heartache I think in all seriousness of your law department, is that something because of the I am sure of, is a matter what days get a proof, the next request will be more days. That is what this is all about. Every request will be more. And it is not just the days but each time it is no stages opportunities and that means three days in a row before they takeoff and it is 40, what I think Mr. Daniel -- I really do think you have to look at this. I do not be departing for us is as much of the event on the beach. It is that we are now starting to put equipment on the beach for longer and longer periods of time until Sunday someone will claim you gave up ownership. Know if I think this one, tell me. That is what they are worried but because you have Council years they want to give up the ownership next and that is what the problem . It is not be, not the 13 days [Indiscernible - multiple speakers]

That legal argument will never work because he will not get into -- how we going to win that argument played like you get with me.

You tell me by as allowing that to get a permit to use the beach when they are asking our permission four, over that use that are eventually they can make an argument that we are doing that each weight? No way you ever with that. You cannot with that argument.

Mr. Wagner, with all due respect [Indiscernible - multiple speakers]

The underlying property owner which is another gentleman by the way, owns to the mean high water mark. Almost to the mean high water mark. The public has a customary right of used to use the same property that he owns.

If that use is interrupted , we lose that customary use.

You are telling me by him asking permission, all right if I do the fence of my neighbors yard and my neighbor knows about it [Indiscernible - multiple speakers]

This is a beach.

[Indiscernible - multiple speakers]

It is a different issue not the same [Indiscernible - multiple speakers]

You are creating posy -- with all due respect, I feel like anytime we had is issue, policy is being created by legal and I do not like it. [Indiscernible - multiple speakers]

I feel like policy is being created.

Mr. Wagner, creating posy but giving you our best legal opinion. You asked me to argue the other side which is what I am doing for you. You asked me to argue for you how it can be lost. And that is what I presented to you. That is what the person with argue. We did litigate this in 1990 and is about a beach where a gentleman did expense of the beach. He did attempt to do this.

Do we give him permission to fence off the beach and to come in this meeting and asked for 40 days and went to 53?

[Indiscernible - multiple speakers]

Hold on [Indiscernible - multiple speakers] Mr. Potts is asking permission to serve alcohol. That is the only reason why he is here before this Council right now. Other than that he would not be here.

So what you're going to -- renting is the alcohol. Of the health.

So how would that ever come into play as the taking of have be able to say this is our property?

I just think [Indiscernible - multiple speakers]

It really is not whether that because other than that the staff could approve the event and the stack of that conditions in the staff could they take the equipment of the beach.

That I did not know.

It would not be here but for the on call.

Digital that?

We are sitting here talking about Turley [Indiscernible - multiple speakers]

He is making that part of all of this.

I do not know that. [Indiscernible - multiple speakers]

You make to decisions on special events. [Indiscernible - multiple speakers] you may to decisions, you make decisions on alcohol, and you make decisions

on vehicles and should be done the beach to vehicle than those of the to decisions you make a special events. Other than that your beach director has the authority. Your managers telling you that as the beach director boss, he went not allow the stage on the beach overnight. He would think this is too many days.

And our argument is what is too many? And that is where all this come from his we do not have a policy and we have had that discussion -- also [Indiscernible - multiple speakers]

This'll be my eighth time having this discussion [Laughter]

I am for policy. [Indiscernible - multiple speakers]

I will make a motion you stated what we needed and while within those parameters and the only thing I am adding to it is that we will also have a discussion of the policy within three months is that acceptable?

[Indiscernible - multiple speakers]

Okay, you need to be clear on the motion that.

Say it again, please.

I want to go to be clear on exactly what it needs to be, do you want to say it and you correct or they want to [Indiscernible - multiple speakers]

I will going to tell you what the application is. If the application is for a total of 52 days of events with alcohol on the beach, and he would like to be able to operate the function with the alcohol on the beach until midnight, and leave the equipment on the beach overnight. >> Only for the days that are shown on the calendar for that purpose. >> [Indiscernible - multiple speakers]

The overnight hard to be clear Josh, 11 AM think, balance from back in January [Indiscernible - multiple speakers]

But the question about keeping it for more than that, where the event that he just -- does not want to take it down everything for the days. [Indiscernible - multiple speakers] the states that he built is the complaint and absorbed turtles have placed to crawl through if they want to, so it is from a complaint standpoint that we have an issue at.

I remember that discussion about the total complaints.

Anything else from the plates issued [Indiscernible - multiple speakers] >> That is the request that they are coming to you with.

The issue the lighting issues and things like that [Indiscernible - multiple speakers] that is not in our jurisdiction but that is the EP, right?

To the extent we have to get permission from fish and wildlife for the life we have to do that that is something that needs to be done. We are deeply compliant. >>

No lights.

He says no lights now.

So that would be -- that would be a variation from the request. Get asked for the likes to be on the home expect Josh, the reason you said about removing equipment because [Indiscernible - multiple speakers] I do not believe I have authority Alyssa granted because my role to them as everything gets off the beach. You know we will actually room. So unless you have proved that, that is the only time we allow people to least over. Some time.

I am glad Congress is not here for this -- local what did [Laughter]

She did not working with ahead [Indiscernible - multiple speakers] I will move this quite, with [Laughter]

She is not a citizen.

So moved with the addition of a discussion item in front of his Council, within three months, on a policy related to.

I would dare say the motion of the floor would be for approval or disapproval of the permitting and then we can direct staff afterwards.

So.

So the motion on the floor is for approval of the permit as requested.

[Indiscernible - low volume]

Without lighting.

[Indiscernible - multiple speakers]

And I have a second from Ms. Cusack, very well.

Mr. Dinneen

would you like to speak to that motion?

Any to clarify something what is that without lighting the old rules that o'clock, right? You are saying up until 9 o'clock, right? That [Indiscernible - multiple speakers]

The request was line [Indiscernible - multiple speakers]

I do not think you meant no lights but up to 9 PM.

To all the request for the lighting that would be on the recommendation.

[Indiscernible - low volume]

So what you're saying is he will have lights on on the state until 9 o'clock and unplug it and then midnight [Indiscernible - multiple speakers] >> Yes, you will have lights at the club.

I had with her, pretty bright outside.

It is shielded so the standard is done, if you're standing on the beach, near the shoreline, you cannot see a light. These ambient light everywhere.

It is apparent that you have sealed over it and he has a tent over it. But we will still take it all.

Bread Rivington would take issue with you.

I know Blair [Indiscernible - multiple speakers]

If you're ever out there was Blair is you can get Blair and get him to say a light [Indiscernible - low volume] total ordinance and you can turn him around and get them to say it does not and that is the standard in the state of Florida is what Blair Wetherington the thinking at this very moment. The most unscientific science garbage I have ever heard but anyway that is just me.

Is that with or without?

What?

Is that with or without check?

I don't know

Blair drinks he doesn't look like the type of he could probably use some. He is pretty tight. But it is our ordinance, not anything that we need to enforce it until cooler heads prevail.

I am troubled about

the been staying out of the beach particularly overnight. And if in the illegal staff brings up a very good point about people wanting to claim the beach but anything that we white of happiness people using the beach more and more for this kind of purpose. And so what I would suggest you do as part of this is we have the landlord sign off on your job looks easement that says that they give up, what [Indiscernible - multiple speakers]

I would love that but I do not beat the property owner would be willing to do that.

Will that they do not get the permit.

I do not care.

Means nothing to me. If the property owner does not sell it then the tenant does not get it, big deal.

Site what?

Site is within the public has the right to use the beach and he is not going to restricted and tell him all the stuff you put in there, absolutely amazing.

Amazing but does anybody else agreed to that?

Yes, they do.

On what basis?

Hard rock did [Indiscernible - multiple speakers]

That is a different ordinance. This had nothing to do with the taking close out the beach ordinance, Café as part of their development dedicated the beach to the public.

So in other words which were saying his rights to the mean high water would be relinquished to the extent that is between his business and the mean high water?

Correct.

While they do not do it, [Indiscernible - multiple speakers]

They do not do it.

Party me?

[Indiscernible - low volume] >> We are here to protect the public right to the beach and we are not going to back off or at least I am not not as long as I'm here which will not be that was longer. But I am not backing off of that not 1 inch.

Ms. Denys

Number reason for my comments, thank you.

All right. Motion on the floor, [Indiscernible - low volume] okay. Motion on the floor is for approval as a play for with no lights. Okay?

Motion for approval on the floor made by Mr. Wagner and second by Ms. Cusack and all those [Indiscernible - multiple speakers]

Is your Davis those no lights are after 9 o'clock or? >>, right? No lights after 9 o'clock I forgot to clarify. I met with internal ordinance lights. So those for approval item 43 a special event for the Ocean deck weekends on the sand, no lights after nine. Ms. Denys?

Are you just -- did you push a button?

I was going for the [Indiscernible - multiple speakers]

[Indiscernible - low volume]

You like.

Okay.

Motion for approval, of special event Ocean deck weekends on the said no lights after nine, all those in favor signify by aye and those limit second Wagner and all those opposed [Indiscernible - low volume] and motion fails. >> Thank you for your time.

Let me ask you this, where do we stand with the fallback position?

There we go, that is where you stand, right there, Ms. Cusack. [Laughter] >> [Indiscernible - low volume]

She was hitting the button before I could get [Indiscernible - multiple speakers]

She knew.

Ms. Cusack, would you like to say something?

[Indiscernible - low volume]

Can we do it on the record please, dear?

Push the button.

Wait a minute. That is what I am trying to do. It is item number 43 A.

43.

I would move the approval of the Ocean deck weekend on the sand as indicated in item 43 A.

Is about the same motion? [Indiscernible - multiple speakers]

Motion [Indiscernible - multiple speakers] >> The one that I have just an explanation of the motion, Sir, it says is that has indicated that [Indiscernible - multiple speakers] >> Okay. The motion now is for approval of item 43 Apple event special event Ocean deck weakens on the Zen as recommended by staff. I correct? >>

Is there a second to that motion [Indiscernible - multiple speakers]

Ms. Denys?

Discussion on this matter?

Clarification.

Totally different not an additional 30 days, but equipment comes up the beach and there are no lights on after total hours 9 o'clock.

Correction: additional 13 days.

Same as last year is the same thing we improve last year and the year before. And I think that your before.

[Indiscernible - low volume] >> Just last year.

Staff recommendations.

Okay, okay so I don't know if it is just because it is almost 5 o'clock everywhere [Laughter] [Indiscernible - multiple speakers]

It is, four minutes until 5 PM everywhere.

So this previous request we just had, the item, [Indiscernible - multiple speakers]

With their request was an additional 13 days, party would like on stage on the beach, 43 days [Indiscernible - multiple speakers]

Beverage request of the first one fails go back to plan B.

Right.

Which is staff recommendation.

[Indiscernible - multiple speakers] and you are comfortable with that ?

Staff made it.

We are not blockading of the site like we saw? But it comes down every night. >> Even if it comes that are still not blockading that often Mr. Eckert are still not obstructing the beach? >> [Indiscernible - low volume]

For the record, Sir ?

I hit the wrong button for a moment. We have the same concern but the question is does the public feel free to come in and is that portion of the beach? And last year we recommended because this because he took do the fence , you're trying to have crowd control a different means,

and it is not perfect, we thought it was a reasonable balance until you try to make policy and so we are true to our work. What we agreed to last year.

With the staff -- the staff started off with a recommendation last year those with low this. -- Which was not below this. What we have less concern with fewer number of days and a greater ability to publicly -- public to feel free to use that each put the blanket there? We would be. But we met last year, early in the year,

we set a gentleman proposes as a compromise, but we have not adopted an ordinance yet and so we are sticking to our word.

Okay.

This is what we are proved last year, counsel, okay.

Yes Mr. Lowery ?

Yes I want to say I want to improve this because I think we are being a little unfair to change things last-second until we get a policy in place and I think this group that I have understood today is that we will not be doing this next year. We will have a policy in place by the end of [Indiscernible - multiple speakers]

Correct exactly.

Thank you.

Okay, further discussion?

The non-, are right, all those in favor of special event Ocean deck weekends on the sand

as per what we improve last year which is a staff recommendation, the signify by aye.

I.

All those opposed of that carry 70. The previous one -- 7-0. The previous one Mr. Wagner and Ms. Cusack were four and everybody else opposed.

And that will conclude the business at hand. We do have some nominations and appointments. >> Ms. Cusack, you and I have three, three nominations for the contractor licensing and construction appeals board. I thought I did three of the last week.

[Indiscernible - low volume]

I think you have [Indiscernible - multiple speakers]

Affordable housing, we had [Indiscernible - multiple speakers]

Okay, okay. And district 24 and five, you all have each have one nomination available. So I shall refer to Ms. Cusack. [Indiscernible - multiple speakers] >> I would move for continuance please.

Yes, motion for continuance and what you're a second?

Thank you Mr. Lowry and all those in favor continued Ms. Cusack please signify by aye.

I.

All those opposed?

We call that unanimous 7-0. We will now move on to district 2. Mr. Wagner? >> I am contacting [Indiscernible - low volume]

Some of that aside there was Allen Jacob.

Legitimate. Architect has been [Indiscernible - multiple speakers]

Nominated by Mr. Wagner. For the contractor licensing and construction appeals board and all those in favor please signify by aye?

I.

All those opposed?

No one.

Okay.

Okay.

Already. District for Mr. Daniels? >> Will continues.

And motion for continuance do I hear a second?

Thank you Ms. Patterson and second from -- all those for continuance for Mr. Daniels please signify by aye? And all those opposed? >> So carried. And now we will to district 5 [Indiscernible - low volume]

Yes, I will put forward Michael was good yet.

Michael watch to the. Okay.

Get her to say that.

I almost rate myself.

Michael Wotjuniak has licensed for searches and appeals board [Indiscernible - static] and all of those opposed. And so carried.

Come back to the County chair.

This Patterson I passed the gavel to you.

And this is on the contract.

This is a contractor licensing.

And by nomination is I have three of them, Mr. John -- James Jones. Will expect nomination for the contractor licensing board.

I have three, I will nominate James E Jones,.

We have nomination for James a Jones any objection to the motion. Without objection show the motion approval of James a challenge. [Indiscernible - multiple speakers]

I will take all three of my, Mr. Brett.,

Mr. [Indiscernible - multiple speakers] is there any objection to the motion without objection show the motion passes.

And Michael McDonnell [Indiscernible - multiple speakers] spoke motion from the chair regarding Michael McDonnell for the contractor licensing board , any objection to the motion without objection show the motion passes.

Think you Mr. Patterson.

And now we will move on to the tourism advertising for district 2, Mr. Wagner?

[Indiscernible - low volume]

District 2.

Mr. Wagner?

Sir ?

This is requesting a reinstatement for appointment.

[Indiscernible - low volume] >> Yes, correct.

They had done an excellent job [Indiscernible - low volume]

Okay with you are asking for his reappointment of therapy tell. Motion by Mr. Wagner. To the West Volusia advertising authority in all those in favor signify by Aye at all those opposed? So carried and so done. >> Already, any other business to come before this Council this afternoon?

There are some of the appointments Mr. chair.

There is?

This is for the April 21 meeting.

User, their lives we distribute it was for April 21 and some of appointment like no other application.

What about the cultural the? There was [Indiscernible - multiple speakers] ahead of it [Indiscernible - multiple speakers]

Next meeting?

Yes or.

All right. Any other business that needs to become for this Council? But [Indiscernible - multiple speakers]

Yes? Jamie Seeman?

I just handed out a resolution for you all on March 17 at your Council meeting you are proved the joint participation agreement [Indiscernible - low volume] Department of Transportation for the mosquito balloon insurance plan. There was possibly an exhibit C Natasha that did not get uploaded and that exhibits the was this resolution that DOT requires authorizing Council to sign in joint participation agreement it is a formality that DOT requires you said the agreement and site a resolution saying you will find agreement and we need to clean this up for the record so if you could improve this resolution and we will attach it to exhibit C as exhibit C to that joint participation agreement. >> I would like a motion, please.

[Indiscernible - multiple speakers]

Motion from Mr. Daniels and a second from Mr. Patterson. Further discussion? Is Patterson?

Is that an accidental , OKC no further discussion all those in favor please signify by aye and all those opposed?

So carried, money designed this one quick [Indiscernible - multiple speakers]

I was cited as we speak.

Okay. If there are any further business that needs to come before us?

This one?

All right.

Mr. chair?

Yes Mr. Eckert?

Is going well or go now or wait until my comments at the end. At your preference. If a barge ahead, probably very few members of the Council remember that there is a solution transportation district where the district was formed for purposes of funding

boat ramp which expanded countywide probably in 1995 or so. The district

has not been utilized for purposes of rendering taxes in some time. There is a fee the state by the County to maintain it. I think the idea is that we would hold onto the district and utilize it perhaps countywide service should not become to be success that it has [Indiscernible - low volume] we would propose with your concurrence to bring before you an ordinance which would report the -- repeal the district effective it is [Indiscernible - low volume] tax would be levied countywide as it is today. So with your authorization at least without objection we will bring to you an ordinance to that effect three weeks from now.

Any objection?

[Indiscernible - low volume]

Did you get it with

This is where the -- Blue noting for the media so they get it in time that the state has a replay to our nation and would limit immediately [Indiscernible - low volume] is firstly [Indiscernible - multiple speakers]

Mr. Larry asked if I may I would like to finish the been is that Mr. Eckert and that we will go right into that discussion. [Indiscernible - multiple speakers]

You should get this.

I understand you are excited. [Laughter] [Indiscernible - multiple speakers]

Is there any objection to stop bringing forth an ordinance to remove the Transportation Authority , in my correct? [Indiscernible - low volume] any objection?

No.

I see no objection please argue forth. Mr. Wagner?

You have the letter.

I know but I do not have a laptop.

[Indiscernible - multiple speakers] spoke just got so excited. Attorney when you're getting so excited about [Indiscernible - multiple speakers]

Usually I do not get excited. This is really worth reading [Laughter] this is got to be exciting authority, oh my God.

[Indiscernible - low volume]

This is excellent.

They renamed that station quickly too.

[Laughter]

It is already been renamed.

Okay, [Indiscernible - multiple speakers]

[Indiscernible - low volume] [Indiscernible - multiple speakers]

Ms. Cusack, any closing comments so we can get out of here and go to the house?

[Indiscernible - low volume] >> Thank you Mr. Sharon, I would like to invite [Indiscernible - multiple speakers] all of you to the concert

that is being sponsored by clinical University on Sunday afternoon. There is a reception and I think

-- did everyone get a copy of the invitation? [Indiscernible - low volume]

Yes, that is it.

I would encourage you as a trustee of that board, I would certainly love to see you there. The receptionist 2 PM-to 30 with a concert beginning at 4 o'clock [Indiscernible - background noise] Performing arts Center [Indiscernible - low volume] campus.

Thank you.

And I have another concern for Mr. -- Ms. Denys says it relates to the cemetery in Glenwood. [Indiscernible - background noise]

Did you have any results on that yet?

George [Indiscernible - multiple speakers]

I don't know charge have an answer yet. I did not have chance to talk to George about it.

Will maybe at the next meeting [Indiscernible - multiple speakers]

We will definitely have an update [Indiscernible - multiple speakers]

That is all I have Mr. chair, thank you.

Ms. Cusack?

Mr. Daniels. Closing comments, Sir?

Of lesbians Mr. Chairman, [Indiscernible - background noise] -- Couple of things Mr. Chairman. Tomorrow morning in this very chambers, will be the Indian River Lagoon Council meeting starting at 930 going until whenever it gets over . Which is usually around lunchtime people get hungry. We do not serve lunch. I made that a firm rule when we started this just to be sure that it ended within a reasonable amount of time.

All of you comment and watch and see what goes on and there was a great deal of public participation at this meeting so if anybody has any ideas about what to do, feel free to set up and say where they are. I do have a question, Mr. Swartz was here earlier and I should have grant that when the time but deep Creek was was be open to the public some time ago and it is not.

I gather even right now. And I have been wanting to take my kayak down there and do it in the deep Creek and was the alligators down to the St. John's River. And I have not been able to do that so far. When I going to be able to do that?

We just happen to have a meeting with Mr. Storch and Michelle Freberg and

killing with of the water management District are at 1:00 PM so I should have an answer for you shortly after that.

Okay tomorrow 1 PM but I would like for maybe like next weekend to be able to put something together, you know, so if you could just Russian a little bit it has been three years. Time to go.

Just reporting on a couple of other things that went over to the central Florida region planning Council meeting. I do not know if this is any use to anybody , but it may have some application to the local option sales tax for transportation. That have some giblets program over there that they are very proud of that you see in the data and it can colorcode roads and sidewalks and show what your priority needs are. It might be useful, might not come I do not know if the TPO does that kind of thing or if they have been in touch with a result planning Council or anything like that, I have not talked to the -- low was about it at all but it is pretty good tool because and I'm sure it is not the be-all and end-all because it is computer-generated you'll have to make adjustments around the edges, but it does things like time we got schools and where you have got neighborhoods around schools and where you do not have sidewalks and make them a variety and that type of the. It seems to be very sophisticated, fairly impressive total.

The other thing is that I want -- went to the central Florida leadership for an over at the airport in Orlando, and it was about foreign trade and I have never quite felt so out of place in my entire life. Those boys over there are wired tight to get into the foreign trade business and get into intimate -- intimate in a big way. And I was sitting there with absolutely nothing useful to say or I cannot even think of anything, nothing, absolutely nothing. We may want to begin to tight end with them a little bit better, the speakers list was very impressive, is Congressman and all that kind of thing, it was really really well put together and very informative but I wish I think of some application to Volusia County but I cannot. It is just that there is work to be done between here and there.

Just some things to think about. Thank you.

Thank you, Sir.

Benny's?

Closing comment [Indiscernible - multiple speakers]

Mr. Larry closing comment ?

When they were quick, I want to ask because I was checking the action of the to bear Council and digging in getting some background information. Before I came on the Council, I believe there was an agreement between the County of the St. John's in regard to the 102 acres of land overbite Gemini Springs. The original deal was at the County with maybe get that they did to them to maybe expand the spring and maybe those provide you clean up and it seems to be changing and I have been asking to get informed on that or did we know about it and I do not want to go into a lot of detail but I just want to go that I because there seems to be lack of transparency there and actually a conflict of interest because the guy didn't think is is is head of the St. John's part of that seems to be a conflict of interest. There's been some concern there and I just want to read that for us to consider.

I would like to get into this because their manager [Indiscernible - low volume] sent correspondence. >> You are correct that there was property that was owned by the water management District that we manage the recreational component. We have a joint management agreement with the. Three years ago the County Council voted for all of the lands that the district had declared to be surplus that we would accept them. That property was on the list of the district had declared it surplus. In December of this year we received email from the water management District that said that everything that was on hold that they would be assessing the situation.

We have been trying to determine what is going on because at the same time we were contacted by DeBerry that consultant for DOT was talking about using that piece of property for the storm water to which staff expressed their concern and the desire.

That could affect the spring.

So we were somewhat aware, we just became aware of this week that DeBerry was making a formal request. That title be transferred to them or at least that is what we are hearing but I have not seen anything about this but just what I am hearing. We inform the manager and the manager reached out to DeBerry and very city manager has asked for Saddam the we are hoping to address that issue along with some other issues related to the TOD to get a better understanding of what DeBerry is asking for and how it affects Volusia County and our assets in other areas.

We will be with them and see where it goes from there.

Also. Was think Mr. Patterson is a term Cheju and is that requested that I am not you come across in my new experience of the consul quick [Laughter] [Indiscernible - multiple speakers]

I will say that years ago back in the 90s when I first got involved with rail transportation, there was a County Commissioner in Hillsboro County , cannot remember sourcing but his last name was trying to check and Hikmet because he was Ohio rail and basically called him to do to remedy and that is where they came from.

I am done sir, if I can.

Ovoid. Mr. Patterson? Any further comments beside about to to train trying to check?

I do have a couple of things. I brought up earlier the thing regarding

MSC Kelly and Jeter heading down there. [Indiscernible - low volume] on what is going to happening on June 30 regarding DOH and licensing for disposal of a septic tank trash probably we need to just get on it to start looking at to see what is going to happening because we could have a real problem here. We only have one facility in Volusia County that can take this according to the -- what they are telling me. >> What we are going to do is we will get into it may be further another day when we have more time but we will actually look at whether there is opportunity maybe to expand. The big issue is you make it too expensive and causing a problem and people will dump it at the -- really have done nothing but herself. So how about wait until we have a little more time to talk about what we will explore [Indiscernible - multiple speakers]

I would like to get ahead of the curve [Indiscernible - multiple speakers]

It is not something we really have an option on. Because we do not have any way to handle the waste. And I do not want to coming in from outside of the counties and this could be a real problem for us.

Let us look at that and try to come back.

That is it. The other thing I have in the manager and I were talking about this, there have been some issues with our three advertising authorities really think that we probably need to sit down and have a meeting with them so everybody understands what their responsibilities are and what our responsibilities are to them because I think there is some confusion as to maybe we are overreaching and get involved in their business and I think they need to understand what responsibilities we have with the liability that we have. And that is okay with the Council, they can [Indiscernible - multiple speakers]

My suggestion [Indiscernible - low volume] I really do believe that we need a workshop with them face-to-face, I think there is definitely some pushback and from the administrative side, I think you need to hear them what they have to say but I think I need real clear guidance in front of them is what level of involvement we are going to have because we have gotten involved in the way child region and salaries are classic of the job descriptions and a lot of departments of been very involved in legal issues and we did that investigation, because we believe we had to. I think it would be healthy, not a fight but healthy for us to have a work shopping not appear and talk because of we continue the way it is all we will get his misunderstanding and resentment and I think they really want to meet with both too. So we ought to talk about what that involvement and I will do that maybe at the next meeting we already are doing -- I think it would be healthy and productive to have a face-to-face with them. >>, right? I think there is a pure against -- this is happening for years, I remember going back to when I was of the legislature, and they were screaming at me say there was a shell bill which was consolidating all the advertising authorities of Volusia County that the County was going to take it over and explain there was never a shell bill out there. There was always a shell bill those related to tourism but it had nothing to do with them . There is always been that. But there is also the fear that we are trying to take them over.

And I wanted to have the comfort that we just have certain things that we could have some liability for and we do not really want to put the County taxpayers at risk for what goes on.

My recommendation is you allow me to work with the public

Can I just make a caveat to that [Indiscernible - low volume] too. Spent we had as a --

We had as a Council I don't think we said it as a policy but maybe we agreed of business with the southeast 10 one at authority -- Volusia authority [Indiscernible - low volume] we asked for an exit audit and with that anytime there's a change we need to do an exit audit.

She is right [Indiscernible - multiple speakers]

There has been a change [Indiscernible - multiple speakers] and I think that kicks in an exit audit.

We can consider that. You are right but these are the kind of things that I think there are some people that that believe that is interference by us.

That is not interference in it is policy and is called intelligence and I am not afraid of that at all.

[Indiscernible - multiple speakers]

We will begin the exit audit done.

That is what is a Mr. manager and I agree with you that has to happen because that is what we said and it is good enough for southeast Volusia of authority and other authority with there's controversy we got to be the same across the board and we as a Council and it is that [Indiscernible - multiple speakers]

We will get it done.

Okay, thank you.

Mr. Wagner?

Closing comments?

Short. John, you know the program started talking about, bus passes if they are ready by bus passes, nonprofits they fit [Indiscernible - low volume] I was contacted by Salvation Army because they are ready by bus passes, can you give that information to see if that one fits with

Yes.

How do you want me to get it [Indiscernible - multiple speakers] this [Indiscernible - multiple speakers]

To schedule might secretary.

Okay I will do that.

In the coming up soon is the Boys and Girls Club state and state dinner.

On behalf of of me and damp, we would like to as the Council to do a small table [Indiscernible - multiple speakers]

A sponsor table if we could Oppenheimer, the high -5 grandbaby $2000 [Indiscernible - low volume] I could do 5000 great organization unbelievable what they do. They want to do the main one quick

Having the Council [Indiscernible - low volume] state can stay differ Boys and Girls Club and thank you Josh [Indiscernible - multiple speakers]

The 2000 oh level I think it's appropriate.

I think it is appropriate as well. If I would be asking a little more considering what we have to do. Do I need a let motion for that?

Yes, you will need a motion [Indiscernible - multiple speakers]

So. >> Okay. Emotionally make a motion quick

You make a motion or he made a motion

[Indiscernible - multiple speakers]

Okay, you made a motion to expand $2000 for table at the state dinner for the Boys and Girls Club [Indiscernible - multiple speakers] >> Boys and Girls Club, absurd Boys and Girls Club, my fault.

Any further discussion on that questions but they not all those in favor please signify by aye.

Aye All those opposed? So carried, 7-0.

Thank you Mr. Wagner.

Is that it was Wagner?

That is it. >> I got a few things this evening. Which is very unusual for me actually do not have anything. And I surprised Mr. Wagner, you did not say this, cannot go to any deliberations, but the letter from the Department of transportation, [Indiscernible - multiple speakers]

I was going to read it.

Nevermind and I will speak at that point.

[Indiscernible - multiple speakers]

Lomax

-- [Indiscernible - low volume].

Still have a couple of things.

DC, been requested -- wears Ms. Smith, Arlene Smith? There you are, Ms. Arlene and I have been working with Ritz-Carlton I was lucky and we will be heading up to DC to see if we can talk about the water issues out there and some other things. She has an agenda items that we will be discussing whether Council -- congressmen and senators to try to get things handled. >> Some real is not on that issue that was going to be one of our issues but it is it is not because we do not get the resolution going today so letting everybody Journal of the Council. That we will be going up to DC and we will be back on the 21st. We will be leaving on the 18th roughly, 18 that we will be there for the 19th sitting with our lobbyist, and working with them to get all the meeting set up and everything like that. So that is why we are going up there for that.

Council meets with knowledge and do this all the time, [Indiscernible - multiple speakers] they need to acknowledge him traveling up there for your sake for this purpose.

Okay.

Acknowledged.

[Indiscernible - multiple speakers]

The Council needs to acknowledge.

How does the Council of knowledge

but we need a motion.

Mr. chair of the you're looking for motion to authorize out of County travel.

Okay, very well. I don't go there that often.

All right.

I guess we need a motion but I can pass [Indiscernible - multiple speakers]

Taking Ms. Denys has made a motion.

Second by Mr. Guzik further discussion ? All those in favor signify by aye. >>

Aye All those opposed?

So carried.

I do not know we had to do motion. I understood it just be [Indiscernible - multiple speakers]

That is the appropriate way for all parties about.

Mr. chair when that managers out of the County you points interim manager.

Yes, is called [Indiscernible - multiple speakers]

It is called the vice chair.

[Indiscernible - multiple speakers]

I will be back by the meeting. In theory, now, Ms. Smith and I talk, there may be an issue of letters of that were tied to handle, we may be late on Thursday, so we're going to try to get back on Thursday.

I do not know how this happened, but I ended up on the Department of Transportation ultimate I for task force and no idea, I just showed up and they said they wanted to give me everything and next thing I know I am on the task force for the ultimate I 4. They are looking at some funding issues, over there trying to get a lot more money. So far ultimate I for according to the DOT and everybody, is on track and on time and they are worried about the budget, the budget we may run over on so they are working with that issue they are going to be asking for a task force or a subcommittee of task force in reference to the budget which is I guess somebody else will be sitting on that one, I do not want to sit on that one [Laughter] a lot of things going on this year.

The really big news they are just be careful with the ladies. And that's about it on that. >> I agree with you has been his there needs to be an exit audit and I will agree with you Ms. Denys back with all that, that is all he got

Mr. Dinneen?

Donna, should [Indiscernible - multiple speakers] [Indiscernible - static] I have something to read into the record that this is another first for me in my career. And I'm so happy about [Indiscernible - multiple speakers]

We had a couple of first today.

Amazing.& Tell them you'll like this is too.

A little bit of gold is Dharma device Marsa community services Director, after made a presentation to you all of the funding and what possibly could be shifted woken up be shifted, I was asked to go with the manager and present at the elected officials Roundtable.

Used to report is we got contacted by the staff of the city of Holly Hill, I confronted with the city manager when he was here today, they want to use the public service dollars, 50% very flexible, and committed towards homeless activities primarily probably at hope place so that can help local [Indiscernible - multiple speakers] or something like that, partnership [Indiscernible - multiple speakers]

The beauty of this was we put those numbers together, and I was in I saw the first reaction of people were shocked and we have they said what we do and we said look at how your funding comes in this is the first of the that you know what, we will rethink how are quite considerably towards homelessness.

[Indiscernible - multiple speakers]

We need to of the record when you say things.

Holly Hill does very good about being part this bipartisan County government and we applaud them.

Only about $30,000 but it is $13,000 they could be using [Indiscernible - multiple speakers]

Saw Dr. [Laughter] this is [Indiscernible] this is hard to believe if you remember this morning I asked that I be allowed to put on the issue with the update of where we were on the intersection, together with the Sheriff. And I thought it was really important and I felt that it was good because we had already position ourselves to get ready to asked the state to do whatever we could.

We sent a letter to the secretary, DOT, and here's the letter we just received.

Dear Richard Davis, thank you for your letter for your concern was expressed by unit members of the Council and Sheriff Johnson. Safety is the most back and ensuring that our roads are safe for the traveling public [Indiscernible] and everything that we do and we will be moving forward immediately with the design and construction of a roundabout at the intersection state road 44 and Grant Avenue and next week will issue a competitive

procedure for a quote and the design builder that is what we suggested. Project that will allow us to construct a roundabout as quickly as possible. We expect the process of preparing, designing and structure of the project to take 10 months. While this presence of them with [Indiscernible - static] temporary traffic signal a state road 44 and Grant Avenue and I've instructed are just five operations that to work as quickly as possible to identify this is the most effective fighter to present for this particular intersection a district 5 operations will also be reaching out to the engineering staff so that our respective teams can work together to resolve any issues related to temporary installation. We're committed to working together you Sheriff Johnson and other people in Taiwan

currently on this important issue do not hesitate to contact me if you have questions or concerns.

Jim quit but John Basel secretary.

I got the reaction and if the Council's direction on something of this is those there is, I am never got a reaction as a manager with the Council signature or letter so fast in my career.

I really think that today we helped people. That happens when you stick around 10 years, man.

[Indiscernible - multiple speakers]

[Laughter]

That is all I had.

Great job [Indiscernible - multiple speakers]

Good job.

Mr. Patterson, you may see a temporary traffic light go faster than you have ever seen and that is what I'm hoping. With that great , you something to say Chris but is her, I also wanted to -- I had a manager report you. You likely have seen discussion in the newspaper or heard from your parties to the charter review commission, the Volusia [Indiscernible - low volume] adopting rules of procedure and that request that you on 13th of April they will be meeting to adopt the rules of procedure for you to consider with the charter you commission request to consider to avoid the necessity for charter amendment. Subject to your direction, we would be bringing that -- I would be bring it back to you on May 5. Obviously it is not -- also matter of some policy.

It will be an important discussion for you but I want to alert you to that. They will not be -- the finalizing of those roles until the 21st, to be under scheduled for the fifth we have to be prepared to advertise the title consistent with what we anticipate the draft to be.

If you have questions or if you want to direct me otherwise, I will welcome your comments or questions.

Great, thank you sir.

Any public participation at this time?

Those are.

Very well, next meeting will be 21st of April.

Correct.

Here at 8:30 AM for public participation [Indiscernible - low volume]

Even if you are not.

Even if you are not, somebody will be here. Is there objection to adjournment? >> The no objection, we will be adjourned until 21 April. >>

[event concluded]

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