statementviewer - volusia county, florida · 2017-04-09 · by: riaz qureshi from the mosque of...

07-107 1046 Minutes of May 2, 2013, county council meeting.

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County Council of Volusia County, Florida

MINUTES May 02, 2013

Page 1 of 30 COUNTY COUNCIL MINUTE BOOK PAGE

COUNCIL MEMBERS: STAFF: Jason P. Davis County Chair James T. Dinneen, County Manager Joyce Cusack At-Large/Vice Chair Daniel D. Eckert, County Attorney Pat Patterson District 1 Mary Anne Connors, Deputy County Manager Joshua J. Wagner District 2 Charlene Weaver, Deputy County Manager Deborah A. Denys District 3 Marcy A. Zimmerman, Deputy Clerk Doug Daniels District 4 Camilla Grasso, Recording Secretary Patricia Northey District 5 Sue Hilson, Administrative Aide Public participation is encouraged on matters on the agenda. If you desire to be recognized by the Chair, please fill out a request form and present it to one of the staff members present in the Council Chambers. This will allow the County Chair to provide ample time for those desiring to be heard. Public participation on items not on the agenda can be presented to the County Chair and other Council Members attending, along with County staff representatives at 8:30 a.m. prior to the regular session of the Council meeting that begins at 9:00 a.m. If the matter cannot be resolved at that time, it will be presented to the County Council for determination regarding placing the matter on a future agenda. Public participation will also be heard at the end of the Council meeting. Public comment on issues on the agenda or public participation shall be limited to 3 minutes. Public hearings and time-certain matters may be heard later, but not sooner, than the designated time. If any person decides to appeal a decision made by the County Council with respect to any matter considered at such meeting or hearing, he/she will need a record of the proceedings including all testimony and evidence upon which the appeal is to be based. To that end, such person will want to ensure that a verbatim record of the proceedings is made.

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

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

The Volusia County Council Chambers are a Wi Fi Zone.

Notice Under The Americans With Disabilities Act (Title II) - - - SEE NEXT PAGE


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NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT (TITLE II)

In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the County of Volusia ("County") will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities.

County does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA.

County will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in County programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.

The ADA does not require the County to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.

County will make such reasonable modification to policies and programs for qualified persons with disabilities to ensure they have an equal opportunity to enjoy all of its programs, services, and activities. For example, individuals with service animals are welcomed in County offices, even where pets are generally prohibited.

Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of County, should contact the office of the County's ADA Title II Coordinator, Mr. George Baker, at (386) 248-1760 as soon as possible but no later than 2 business days before the scheduled event or meeting. This paragraph shall likewise apply to written requests by a physically handicapped person needing a special accommodation to attend a public meeting in accordance with section 286.26, Florida Statutes.

Complaints that a program, service, or activity of County is not accessible to persons with disabilities should be directed to the County in accordance with the County of Volusia Grievance Procedure under the Americans with Disabilities Act (Title II). A copy of the procedure may be obtained by contacting the office of the County's ADA Coordinator, (386) 248-1760.

County will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.

Assisted listening system receivers are available for the hearing impaired, and can be obtained from the Deputy Clerk by calling the County Manager's Office at 386-736-5920.


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PUBLIC PARTICIPATION - 8:30 a.m. The 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 necessary. After recognition by the County Chair, state your name and address for the record before beginning your comments. You may speak up to three minutes. The County Council does not answer questions or requests during Public Participation due to time constraints. Any specific questions or requests that necessitate a follow-up will be based upon the written information on your public participation slip. 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. None. CALL TO ORDER 9:00 a.m. The Frank T. Bruno, Jr. County Council Chambers, Room 204, Thomas C. Kelly Administration Center, 123 West Indiana Avenue, DeLand, Volusia County, Florida. ROLL CALL Everyone was present. INVOCATION AND PLEDGE OF ALLEGIANCE By: Riaz Qureshi from the Mosque of Mary; The Islamic Center of Deltona, Inc. PULL CONSENT AGENDA ITEMS If discussion is desired by any member of the Council, that item must be removed from the Consent Agenda and considered separately. All other matters included under the Consent Agenda will be approved by one motion. Citizens with concerns should address those concerns by filling out a public participation slip and giving it to the Deputy Clerk prior to Consent Agenda items being pulled. Council Member Northey: 0 Council Member Patterson: 0 Council Member Wagner: 0


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Council Member Cusack: 0 Council Member Daniels: 0 Council Member Denys: 0 Chair Davis: Pulled nothing for himself, but said staff was pulling Items 19, 23, 28 and 29. Council Member Cusack moved to APPROVE the CONSENT AGENDA and all actions recommended therein, as amended to remove Items 19, 23, 28 and 29 for discussion. The motion was seconded by Council Member Patterson and CARRIED 7-0. RETIREMENTS 9:05 a.m.

Item 01 FILE NUMBER 903 • Mary Gaspary, librarian II, who is retiring on May 10, 2013 after more than 39 years of

dedicated service. Tom Motes (386) 736-5951 x12605 PRESENTATIONS 9:15 a.m.

Item 02 FILE NUMBER 918 2013 State of the County address. Cindy Finney (386) 740-5160 x15160 Chair Davis gave opening remarks, noting that Council Members Cusack, Northey and Wagner, as Council Members from the previous year who had been returned to office, would be speaking about the progress the County had made in 2012. Ms. Cusack spoke first, saying the state of Volusia County was good. She described how the County had helped create new jobs and expand existing businesses. She cited the Council’s efforts to reduce the County’s operating budget by almost $8 million, making the sixth consecutive year the Council had made such cuts without abruptly ending services or forcing layoffs. She spoke about the sound financial health of the County, with a AAA bond rating, and reserve monies available in the event of a disaster. The County consolidated dispatch services and absorbed EVAC Ambulance in 2012. Tourism continued to drive the local economy, but the County was making progress on its goal of cutting through the red tape and being business-friendly with the implementation of the new AMANDA permitting and application computer system. She concluded with an update on the new Emergency Operations Center (EOC), which is also where the


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consolidated dispatch services were located. This building was paid for in cash, no small accomplishment. She thanked County Manager Dinneen for his inspiring leadership. Mr. Wagner agreed that Mr. Dinneen’s guidance was invaluable. He spoke about the beach and the changes the County had made to improve safety, image and customer service. He continued by explaining the artificial reef and nearshore reefs programs and said they were major tools in the County’s economic development efforts. He believed the County was well on its way to becoming the artificial reef capital of the world. He said the expanded Ocean Center had brought in many new conventions and events, drawing more than 307,000 people to some 103 events in 2012. One of the events had been “Light Up Volusia,” which had a holiday theme and enhanced economic development in the core tourism area. Mr. Wagner spoke about the Shriners convention coming to the area in 2017 and said Ocean Center employees had been given customer service training by the Disney Institute. Mr. Wagner noted the growing popularity of the Marine Science Center, and concluded by citing the importance of the Council’s adoption of the Domestic Partnership Registry in boosting the County’s efforts to be welcoming to all. Ms. Northey gave the third segment of the State of the County, which focused on parks and trails. She cited improvements to County parks, such as Ed Stone Park, Mariner’s Cove Park and Gemini Springs, and noted the first six miles of the East Central Regional Rail Trail in southwest Volusia had been completed and opened in 2012. This trail was the beginning of what would become 50 miles of rail trail connecting Enterprise to Edgewater to Titusville in Brevard County. She encouraged listeners to take advantage of the DeBary Hall programs on Volusia County’s history and environment, and promoted use of the website www.sportsvolusia.com to find a host of ongoing events. She explained the Green Volusia program, under which the County had received a $2.4 million Federal grant to install energy-and water-efficient technology on public facilities. She concluded by describing how foreclosed homes and the County’s vehicles also had been “greened.” Chair Davis then took the floor and focused on what was to come in 2013. He concentrated on the importance of economic development. He urged for a commercial space launch pad be built in southeast Volusia County to boost the economy and said he wanted a new, more down-to-business approach to dealing with prospective companies. He spoke about the serious scarcity of transportation funding, noting that when the Williamson Boulevard extension was finished the County would essentially be out of the road building business because it would be out of money. Further, Volusia County would have to come up with $26 million as its contribution to the future operation of SunRail. He concluded by saying he looked forward to working with his colleagues and the community to meet the challenges ahead.


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9:45 a.m.

Item 03 FILE NUMBER 874 Report on current activities of the Center for Business Excellence (CBE) and Workforce Board of Volusia and Flagler Counties Rick Karl (386) 248-8030 x18319 Rob Ehrhardt (386) 248-8048 x18382 Rick Fraser, Executive Director of the CBE gave a brief quarterly report for January through March, 2013 along with a short overhead PowerPoint slide presentation. There were fewer people coming in for employment assistance, which was a very good sign. The total job postings were slightly up, however, which may have been due to people reassessing their needs in the post-holiday season; it was too soon to tell. The total job postings, not just the ones his staff had been responsible for, had increased significantly since March, 2012. This was a good sign as it meant more employers were hiring. The trend had been that way for the last several quarters. The final slide was an update on the miscellaneous activities the CBE had been involved with in partnership with other community organizations. After some comments and no action being necessary, the Council thanked Mr. Fraser for his presentation. 9:55 a.m.

Item 04 FILE NUMBER 873 Presentation on labor statistics, building permits, foreclosures and economic development activity for the first quarter of 2013. Rick Karl (386) 248-8030 x18319 Rob Ehrhardt (386) 248-8048 x18382 Economic Development Manager Rob Ehrhardt gave the staff report along with an overhead PowerPoint slide presentation of the First Quarter Economic Development Report for 2013. The unemployment rate in Volusia County had been 3.2% in 2006 and had hit 11.5% in 2010. However, the County’s rate was less than that of both the state and the nation. It was far below that of Flagler County and about even with that of other surrounding counties in the East Central Florida area. There had been a significant reduction in the number of unemployed since the first quarter of 2012, which was good news. Overall, unemployment was down and employment was up for the first quarter. Residential and commercial permits and their selling prices were up, too, as were sales of foreclosed properties, all of which was good news. After some comments and no action being necessary, the Council thanked Mr. Ehrhardt for his presentation.


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10:05 a.m.

Item 05 FILE NUMBER 923 Pilot program, Camp Fun and Fit Dave Byron (386) 943-7029 x12616 Dr. Bonita Sorensen (386) 274-0799 Dona DeMarsh Butler (386) 943-7039 x12893 Community Services Department Director Dave Byron made introductory remarks. County Manager Dinneen and the staff felt the program would grow to include healthy lifestyles for all members of the family, and have an impact countywide. Health Department Director Dr. Bonnie Sorensen began the staff report, together with an overhead PowerPoint slide presentation to highlight her points. In response to questions from Council Member Cusack, Dr. Sorensen explained how her data on middle school children was gathered and that the data could be analyzed to determine the ethnicity of the participants. Community Assistance Division Director Dona DeMarsh Butler then concluded the presentation, explaining what the children would be doing and learning at the camp. It was hoped the pilot program could be extended to eight weeks. She explained for Chair Davis the County’s plans to reinforce what the children learned to keep them from forgetting it. Council Member Northey asked Ms. Butler to elaborate on how the County would pay for the program, and she responded by detailing how everything was budgeted for, including donations. The program would be revenue-neutral. Ms. Northey thought the program was very exciting and also could be tailored to adults. Council Member Cusack hoped the program could be expanded to include a transport mechanism for children from poor areas who wanted to attend, but had no way to get to the camp. Mr. Byron said the staff was seeking the Council’s approval before it asked other institutions for financial donations. Mr. Dinneen felt the staff should begin with the pilot program and the County could work with Votran to receive free bus rides for needy children with no transportation, as Ms. Cusack had discussed. The County would work on sponsorships for the children next year. Council Member Cusack moved to SUPPORT the program. Council Member Wagner seconded the motion, which CARRIED 7-0. 10:15 a.m.

Item 06 FILE NUMBER 880 County council community sponsorship funding. Cindy Finney (386) 740-5160 x15160 Activity Project Manager Cindy Finney gave opening remarks. The staff needed direction from the Council regarding funding community sponsorships. Mr. Dinneen said he needed the Council to


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decide what to do this year and how to apply it to next year’s budget. A good deal of Council discussion followed. Chair Davis thought in this tight economy, the events should be funded on a “pay-as-you-go” basis. Council Member Wagner said he paid his own way to many of these occasions. However, the sponsorships were partnerships and he felt the County should formally support the events financially. Compared to other things the Council did, it was not a lot of money. He felt the County should continue sponsoring community organizations and believed it was money well spent. Council Member Northey agreed with him and said if his comments were a motion, she would second it. Mr. Wagner said he would then make the statement a motion of SUPPORT. Council Member Denys CALLED THE QUESTION, and on an electronic vote the motion FAILED 3-4, with Council Members Wagner, Cusack and Northey in favor of it. Council Member Denys said the vote did not preclude individual Council Members from bringing up individual events for the Council to support and attend. She thought it sent a good message that the Members paid their own way when they attended functions. Council Member Cusack said the Council’s vote should set a precedent for what the Council would or would not support. She did not think Council Members should make individual requests to support certain events after voting against the list of sponsorships that had been presented by staff. PROCLAMATIONS - Presented Outside Chambers 10:25 a.m. Item 07 FILE NUMBER 912

• Relay for Life of Deltona Days - April 13 and 14, 2013 • Lions Club Days - May 2 - 5, 2013 • Corrections Officers and Employees Week - May 5 - 11, 2012 • Corrections Volunteers and Programs Day - May 14, 2013 • Public Works Week - May 19 - 20, 2014 • St. Annis Primitive Baptist Church Day - July 7, 2013

David Byron (386) 822-5062 x12616 Pat Kuehn (386) 822-5062 x12934 Council Member Cusack moved for APPROVAL as recommended. Council Member Denys seconded the motion, which CARRIED 7-0. APPROVAL OF MINUTES 10:26 a.m.

Item 08 FILE NUMBER 885


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Minutes of March 14, 2013 county council meeting Camilla Grasso (386) 626-6688 x16688 Council Member Patterson moved for APPROVAL as recommended. Council Member Denys seconded the motion, which CARRIED 7-0. MINI BUDGET WORKSHOP 10:27 a.m.

Item 09 FILE NUMBER 879 Mini budget workshop - Beach Services Mary Anne Connors (386) 736-5920 x12975 George Recktenwald (386) 740-5120 x12904 County Manager Dinneen made introductory remarks. The staff had been working on changes on the beach for some time as an ongoing process. He gave background information on the beach, noting the division had been restructured after reviewing how work was done and how it was perceived. The Council had wanted to see a significant change on the beach, in particular making beach employees adaptable to the ever-changing environment. The overriding theme was to bring back the elite nature of the Beach Patrol staff, with the same people being law enforcement officers, lifeguards and emergency medical technicians (EMTs). Beach safety and ocean rescue were paramount. A great deal of work had gone into what was being presented today and it had been determined managing the beach without staff being overpowering was the key. Mr. Dinneen said he wanted to pull away from the idea of a policing beach patrol, rename the division Beach Safety and Ocean Rescue, change the uniforms for the lifeguards and stress the lifeguarding and safety side of the beach. Public Protection Department Director George Recktenwald began the staff report and an accompanying overhead PowerPoint slide presentation to illustrate the points he made. He concentrated on presenting the division’s budget revenues and expenses and then turned the report and presentation over to Beach Safety Director Mark Swanson. Mr. Swanson explained the history of the County’s beach model and what the beach would be like with the changes Mr. Dinneen envisioned. He focused on changes being made to the division’s title, its beach vehicles and uniforms. He concluded the presentation by describing the changes planned for the future. Some Council discussion followed. Council Member Wagner thought the plan for the beach’s image was a good start at making the beach friendlier. Council Member Northey supported the direction the beach was going, but said she was concerned about managing law enforcement activities on the beach. Mr. Swanson and Mr. Dinneen said the image would be softened, but the police presence would still be there. However, it would not be like an invading army occupying a


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conquered land for example. Instead, the officers would be more approachable and there would be no need for potentially lethal confrontations using Tasers or pepper spray. The County’s beach personnel had outstanding relationships with the law enforcement agencies in the cities that fronted the beach. Ms. Northey noted there were other aspects to the beach, such as turtles, dug-out sand holes and items left on the beach by beachgoers. She would like an update on those things. Mr. Dinneen said he would take care of it. Council Member Denys said she would like to examine allowing beachgoers to apply for special exceptions to leave their tents outdoors overnight. Mr. Dinneen and Ms. Northey pointed out the safety issues involved and Mr. Wagner said he was torn between being safe and being friendly. Mr. Dinneen said he could look into the matter. However, the special exception or permit would be limited – for example, granted once a year - due to the lack of manpower to properly enforce it. There was a CONSENSUS for him to examine the issue and report back to Council. Council Member Wagner moved for APPROVAL to move forward with implementing what Mr. Dinneen had presented. Council Member Cusack seconded the motion, which CARRIED 7-0. PUBLIC HEARINGS AND OTHER TIME CERTAIN MATTERS 11:20 a.m.

Item 10 FILE NUMBER 887 Order of Business: Open Public Hearing Staff Report Public Participation Close Public Hearing Council Discussion/Action Resolution: Abandonment/vacation of a drainage and utility easement, Quail Hollow on the River (Lake Beresford area); Petitioners: Amy Sirmans and Lake Beresford Water Association, Inc. Gerald N. Brinton, P.E. (386) 736-5967 x12294 County Engineer Jerry Brinton gave the staff report and displayed a plat map of the Quail Hollow subdivision overhead (located on page 10-4 of the Agenda item). The staff thought the request was reasonable and recommended approval with no additional conditions. There were no members of the public present to speak on the matter. Council Member Patterson moved for APPROVAL as recommended. Council Member Northey seconded the motion, which CARRIED 6-0, with Council Member Denys out of the room. Resolution No. 2013-157, entitled as follows and on file in its entirety with the records of the Volusia County Council, was duly ADOPTED.


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RESOLUTION NO. 2013-157

RESOLUTION VACATING AND ABANDONING CERTAIN RIGHT OF WAY, EASEMENT OR LAND IN VOLUSIA COUNTY, FLORIDA, AND PROVIDING AN EFFECTIVE DATE

11:25 a.m.

Item 11 FILE NUMBER 909 Order of Business: Open Public Hearing Staff Report Public Participation Close Public Hearing Council Discussion/Action Ordinance 2013-10 providing for the countywide transfer of thoroughfare road impact fee credits. Ian Williams (386) 736-5950 x12459 County Attorney Eckert said the Council had given staff direction a month before to draft an ordinance which would expand the ability to transfer impact fee credits on a countywide basis. He displayed overhead maps from staff which showed the current layout of the four impact fee zones. He said he thought the ordinance before the Council was legally sustainable. However, he had drafted a second ordinance which addressed credit transfer/exchange zones, a limited additional area into which credits could be transferred. For example, on the east side of the County, credits earned in either zone could be used in the area between S.R. 44 and S.R. 421. This was proposed as a compromise in lieu of the previously drafted ordinance. On the south side of S.R. 44, credits from zone 1 could be used and on the north side of S.R. 421, credits from zone 2 could be used. He explained the details of fronting lots. The rationale was that when a thoroughfare road benefitted either zone, impact fee credits could be expended from one zone into another, which had been the case since the ordinance’s adoption in 1986. The ability to transfer credits was a more recent circumstance and State roads were logical points of demarcation. County credits could be spent as County impact fees to benefit State roads. In this case, County roads connected to the State road system and to the larger County thoroughfare system. On the west side of the County, the credit transfer/exchange zone was bounded on the west by U.S. 17-92, on the east by I-4 and on the north by S.R. 44. Therefore, credits from zone 3 could be used in zone 4 up to S.R. 44 with the same front lot expansion. Credits from zone 4 could be used in zone 3 down to S.R. 472, also with the same frontage lot expansion. County Manager Dinneen added the compromise with the credit exchange zones would respect everyone’s needs and issues. His recommendation was that the Council consider passing the


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modification of the original legislation and limit the sale and exchange of the credits to the credit exchange zones (CEZs). Mr. Eckert displayed page 2 of the revised ordinance overhead. He said he had rewritten its title and explained the language in the new ordinance. Public participation took place. Rob Merrell, attorney for Consolidated Tomoka Land Company which had several million dollars worth of impact fee credits, said he and his clients supported the compromise position, although it was not an ideal solution. He hoped the Council would take Mr. Dinneen’s recommendation and adopt the compromise. Mr. Dinneen added the only issue for consideration today was the transfer of credits within the CEZs. Mr. Eckert clarified that the western boundary of the CEZs for zones 1 and 2 was I-95, not S.R. 415. Jim Morris, attorney for the Johnson Group, said his client also supported the compromise proposal. He and Mr. Merrell had discussed the matter and were in agreement. However, he pointed out language on page 2, line 13, which referred to I-95 as being a boundary of zone 1. He did not expect to be limited on the western boundary and had thought it would be S.R. 415 in both cases. Mr. Dinneen asked for a short recess to clarify the matter. When the Council reconvened, Mr. Eckert explained that on page 2, line 12, “I-95” needed to be substituted for “S.R. 415.” The error had been his and had happened when revisions were made to the map during the week. He had not seen the change in the road reference as the map was modified, and he thanked Mr. Morris for catching the error. May 2, 2013 being the date for public hearing and there being no objection, Council Member Wagner moved to ADOPT revised Ordinance No. 2013-10, with Mr. Eckert’s technical correction of I-95 in place of S.R. 415. Council Member Cusack seconded the motion, which CARRIED 7-0. Ordinance No. 2013-10, entitled as follows and on file in its entirety with the records of the County Council, was duly ADOPTED.

ORDINANCE 2013-10 AN ORDINANCE OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE COUNTY OF VOLUSIA, CHAPTER 70 IMPACT FEES, ARTICLE III THOROUGHFARE ROAD IMPACT FEE; TO ALLOW LIMITED TRANSFERS OF CREDITS BETWEEN ZONES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING ORDINANCES.AND PROVIDING FOR AN EFFECTIVE DATE.

11:30 a.m.

Item 12 FILE NUMBER 835 Order of Business: Open Public Hearing Staff Report Public Participation Close Public Hearing


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Council Discussion/Action Ordinance 2013-09 - Interlocal service boundary agreement with the City of New Smyrna Beach. Kelli McGee (386) 822-5013 x12000 Growth and Resource Management Department Director Kelli McGee gave the staff report and displayed a map of the area overhead and found on page 12-28 of the Agenda item. The interlocal agreement in question was the result of several years of hard work by both the County and the City. It provided a more efficient service delivery model and allowed for voluntary annexations in any order and location within the area shown on the map. Although the City had sent notices to the property owners, the Interlocal Service Boundary Agreement (ISBA) did not apply to the Silver Sands area to the south. The City already had adopted the ordinance and if the County did as well, both entities would amend their Comprehensive Plans to recognize the ISBA. The City also had agreed to adopt the County’s environmental core overlay into its Comprehensive Plan. Public participation followed. New Smyrna Beach City Manager Pam Brangaccio thanked County employees for their hard work. She noted the voluntary annexations that could be opted for and supported the request.. Council Member Northey wondered if the water and sewer rates were different for people living inside vs. outside of an enclave. New Smyrna Beach City Attorney Frank Gummey said the Utilities Commission provided water, sewer and electricity and its rates were the same for all residents, regardless of whether they lived in an enclave. Taxes were lower within the City limit. Council Member Denys said she lived in an enclave and was looking forward to her voluntary annexation into the City. She moved to ADOPT Ordinance 2013-09. Council Member Cusack seconded the motion, which CARRIED 7-0. Ordinance 2013-09, entitled as follows and on file in its entirety with the records of the County Council, was duly ADOPTED.

ORDINANCE 2013-09 AN ORDINANCE OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, ADOPTING THE INTERLOCAL SERVICE BOUNDARY AGREEMENT AND INCORPORATED JOINT PLANNING AGREEMENT BETWEEN THE CITY OF NEW SMYRNA BEACH AND THE COUNTY OF VOLUSIA; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.

--BEGIN CONSENT AGENDA--

AVIATION AND ECONOMIC RESOURCES -Airport Services


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Item 13 FILE NUMBER 841 Amendment to agreement for Integrated Security Management System with Tyco Integrated Security, LLC, for new baggage belt project, RFP 07-P-145FL. Expenditure (100% funded by FDOT): $110,297 Rick Karl (386) 248-8030 x18319 Karen Feaster (386) 248-8030 x18304 This Item was approved at the time the CONSENT AGENDA was approved. -Economic Development Item 14 FILE NUMBER 883 Contract to Greenwood Consulting Group, Inc. for the West Volusia Business Incubator feasibility study, 13-SQ-64SR. Expenditure: $28,575 Rick Karl (386) 248-8030 x18318 Rob Ehrhardt (386) 248-8048 x18382 This Item was approved at the time the CONSENT AGENDA was approved. -Coastal Item 15 FILE NUMBER 869 Single source award to County Materials Corporation for trucking of materials for artificial fishing reefs. Expenditure: $55,000 Rick Karl (386) 248-8030 x18319 Joe Nolin (386) 248-8072 x18335 This Item was approved at the time the CONSENT AGENDA was approved. COMMUNITY SERVICES -Community Assistance Item 16 FILE NUMBER 866 Fiscal year 2010-11, 2011-12 and 2012-13 consolidated plan amendments for the HOME Investment Partnerships program. Dave Byron (386) 943-7029 x12616 Dona DeMarsh Butler (386) 943-7039 x12893 This Item was approved at the time the CONSENT AGENDA was approved.


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Item 17 FILE NUMBER 872 Budget resolution - Approval of summer food service program grant application; renewal of agreement with GA Food Service Inc., 09-B-65PW; and hiring of temporary workers. Expenditure from grant funds: $534,844 Dave Byron (386) 943-7029 x12616 Dona DeMarsh Butler (386) 943-7039 x12893 This Item was approved at the time the CONSENT AGENDA was approved. Resolution No. 2013-154, entitled as follows and on file in its entirety with the records of the County Council, was duly ADOPTED.


RESOLUTION OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2012-13 BUDGET, CHANGING THE ESTIMATED TOTAL REVENUES, SURPLUS AND EXPENDITURES AND PROVIDING AN EFFECTIVE DATE.

-Parks, Recreation and Culture Item 18 FILE NUMBER 851 Funding agreement with the Donald C. Bauerle Sr. Trust for improvements to the Highbanks boat ramp in DeBary. Revenue: $5,000. Dave Byron (386) 943-7029 x12616 Timothy Baylie (386) 736-5953 x12636

This Item was approved at the time the CONSENT AGENDA was approved. Resolution No. 2013-155, entitled as follows and on file in its entirety with the records of the County Council, was duly ADOPTED.


RESOLUTION OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2012-13 BUDGET, CHANGING THE ESTIMATED TOTAL REVENUES, SURPLUS AND EXPENDITURES AND PROVIDING AN EFFECTIVE DATE.

Item 19 FILE NUMBER 878 Multiple award of contracts to Bean Construction Inc., Holly Hill; Hall Construction Co., Daytona Beach; P.W. Hearn Inc.; Ruby Builders Inc.; and TYL Construction Inc., Ormond Beach for general contractor services for projects less than $50,000, 13-SQ-62SR.


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Annual Expenditure: $120,000 Jeaniene Jennings (386) 822-5773 x15773 Council Member Wagner stated for the record he had a personal conflict with the Item and would recuse himself from voting on it. Council Member Northey moved for APPROVAL as recommended. Council Member Patterson seconded the motion, which CARRIED 6-0, with Council Member Wagner abstaining. FINANCIAL AND ADMINISTRATIVE SERVICES -Central Services Item 20 FILE NUMBER 862 Award of bid to Celico Auto Body, Inc. for collision repair services, 13-B-47VO. Expenditure: $125,000 Rhonda Orr (386) 943-7054 x17054 George Baker (386) 254-1595 x11850 This Item was approved at the time the CONSENT AGENDA was approved.

Item 21 FILE NUMBER 895 Contract renewal with ACTS Construction, and K.C. Petroleum, for maintenance and repair of county fuel sites and tanks, 09-B-29V0. Expenditure: $90,000 Rhonda Orr (386) 943-7054 x17054 George Baker (386) 254-1595 x11850 This Item was approved at the time the CONSENT AGENDA was approved.

Item 22 FILE NUMBER 911 Renewal of bulk fuel agreements with Mansfield Oil Company; Glover Oil Company; and Watkins Oil Company, 09-B-30VO. Expenditure: $9,000,000 Rhonda Orr (386) 943-7054 x17054 George Baker (386) 254-1595 x11850 This Item was approved at the time the CONSENT AGENDA was approved. -Personnel Item 23 FILE NUMBER 822


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Renewal of property insurance coverage for June 2013 through May 2014. Expenditure: not to exceed $2,210,937 Tom Motes (386) 736-5951 x12821 Charles Spencer (386) 736-5963 x12884 County Manager Dinneen gave opening remarks. Human Resources Division Director Tom Motes explained the County renewed its property insurance each year and the County’s property insurance broker had told him the new figure was $2,068,198.64. Council Member Patterson said he had looked over the Item and everything was fine with it. Council Member Patterson then moved for APPROVAL as recommended. Council Member Cusack seconded the motion, which CARRIED 7-0.

Item 24 FILE NUMBER 848 Workers' compensation settlement of all claims with former employee, Gregory Taylor. Expenditure: $75,000 Nancye Jones (386) 736-5950 x12111 Charles Spencer (386) 736-5951 x12884 This Item was approved at the time the CONSENT AGENDA was approved. GROWTH AND RESOURCE MANAGEMENT -Environmental Management Item 25 FILE NUMBER 825 Contract for sea turtle nesting monitoring services, C-1497. Expenditure: $27,500 Kelli McGee (386) 822-5013 x12000 Ginger Adair (386) 736-5927 x12059 This Item was approved at the time the CONSENT AGENDA was approved.

Item 26 FILE NUMBER 826 Budget resolution - Florida Inland Navigation District (FIND) grant for annual Halifax/Indian River clean up. Revenue: $5,000 Kelli McGee (386) 822-5013 x12000 This Item was approved at the time the CONSENT AGENDA was approved. Resolution No. 2013-156, entitled as follows and on file in its entirety with the records of the County Council, was duly ADOPTED.


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BUDGET RESOLUTION NO. 2013-156 RESOLUTION OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA AMENDING THE FISCAL YEAR 2012-13 BUDGET, CHANGING THE ESTIMATED TOTAL REVENUES; SURPLUS AND EXPENDITURES, AND PROVIDING AN EFFECTIVE DATE.

-Planning and Development Services Item 27 FILE NUMBER 902 Amend a conservation easement on Turtle Hill Road to reflect current wetland limits; requested by Chad and Kendra Ochiuzzo Kelli McGee (386) 822-5013 x12000 This Item was approved at the time the CONSENT AGENDA was approved. PUBLIC PROTECTION -Fire Services Item 28 FILE NUMBER 882 First amendment to agreement with City of Port Orange to extend provision of fire suppression services to a certain service area Expenditure (to the end of the fiscal year): $49,980 George Recktenwald (386) 740-5120 x12904 Jeffrey B. Smith (386) 736-5940 x12918 Public Protection Department Director George Recktenwald clarified that Items 28 and 29 had been discussed at the previous meeting. Both were just to finish out contracts to the end of the current fiscal year. The areas were enclaves and the expenditures needed to be cut, although staff was working with both cities to find alternative solutions. Council Member Patterson moved for APPROVAL as recommended. Council Member Denys seconded the motion, which CARRIED 7-0.

Item 29 FILE NUMBER 907 Agreement with Daytona Beach Shores regarding provision of fire suppression services to a certain service area. Expenditure: $179,110 George Recktenwald (386) 740-5120 x12904 Jeffrey B. Smith (386) 736-5940 x12918


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As with Item 28, Council Member Patterson moved for APPROVAL as recommended. Council Member Denys seconded the motion, which CARRIED 7-0. PUBLIC WORKS -Administration Item 30 FILE NUMBER 859 Two-year extension of contracts with Beck Disaster Recovery; Metric Engineering; and Obrien's Response Management for debris management and support services, 07-P-139BB. Expenditure based on amount of work on fixed per hourly charge John Angiulli (386) 736-5965 x12712 This Item was approved at the time the CONSENT AGENDA was approved.

--END CONSENT AGENDA-- LUNCH PUBLIC HEARINGS AND OTHER TIME CERTAIN MATTERS 2:00 p.m.

Item 31 FILE NUMBER 888 Order of Business: Open Public Hearing Staff Report Public Participation Close Public Hearing Council Discussion/Action Ordinance 2013-08, establishing the Airport Property (AP) zoning classification and applying conservation zoning to portions of the Daytona Beach International Airport property. Kelli McGee (386) 822-5013 x12000 Growth and Resource Management Department Director Kelli McGee gave the staff report and displayed several maps of the area in question on the overhead projector, noting this was the second of two required public hearings to adopt the ordinance that would establish the new zoning classification. There was no one present from the public to speak on the Item.


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Council Member Patterson moved to ADOPT Ordinance 2013-08. Council Member Denys seconded he motion, which CARRIED 7-0. Ordinance 2013-08, entitled as follows and on file in its entirety with the records of the County Council, was duly ADOPTED.

ORDINANCE 2013-08 AN ORDINANCE OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE COUNTY OF VOLUSIA, CHAPTER 72 LAND PLANNING, ARTICLE I DEFINITIONS AND INTERPRETATION, SECTION 72-2 DEFINITIONS; BY AMENDING ARTICLE II ZONING, DIVISION 7 ESTABLISHMENT OF CLASSIFICATIONS, SECTION 72- 241 CLASSIFICATIONS, BY ADDING THE AIRPORT PROPERTY CLASSIFICATION (AP); BY AMENDING DIVISION 8 SUPPLEMENTARY REGULATIONS, SECTION 72-280 ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT; BY AMENDING SECTION 72-284 LANDSCAPING REQUIREMENTS; BY AMENDING SECTION 72-286 OFF-STREET PARKING AND LOADING; BY AMENDING SECTION 72-287 PARKING AND STORAGE OF VEHICLES, SHELTERS OR WATERCRAFT; BY AMENDING SECTION 72-290 ADDITIONAL REGULATIONS FOR CERTAIN PERMITTED PRINCIPAL USES; BY AMENDING SECTION 72-298 SIGN REGULATIONS; AMENDING THE OFFICIAL ZONING MAP BY AMENDING THE ZONING CLASSIFICATIONS OF CERTAIN HEREIN DESCRIBED PROPERTIES AT THE DAYTONA BEACH INTERNATIONAL AIRPORT TO THE AIRPORT PROPERTY CLASSIFICATION (AP) AND CONSERVATION CLASSIFICATON (C); PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.

2:10 p.m.

Item 32 FILE NUMBER 910 Authorization for Embry-Riddle Aeronautical University (ERAU) to seek rezoning of certain leased county airport property. Rick Karl (386) 248-8030 x18319 Steve Cooke (386) 248-8030 x18074 Rick Karl, Director of the Aviation and Economic Resources Department, gave the staff report, noting that the staff recommended the Council grant ERAU permission to seek rezoning of the property outlined in the Agenda item. There was no one from the public to speak to the item. Council Member Cusack moved for APPROVAL as recommended. Council Member Patterson seconded he motion, which CARRIED 7-0.


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Item 33 FILE NUMBER 884 Grant of underground easement to FP&L for electrical service to Embry Riddle Aeronautical University's street lighting system. Rick Karl (386) 248-8030 x18070 Stephen Cooke (386) 248-8030 x18309 Director of Aviation and Economic Resources Rick Karl gave the staff report, explaining that the item was a housekeeping matter. No one from the public was present to speak on the matter. Council Member Cusack moved for APPROVAL as recommended. Council Member Northey seconded he motion, which CARRIED 7-0 2:20 p.m.

Item 34 FILE NUMBER 897 Resolution of support for Space Florida's effort to develop a commercial spaceport. Rick Karl (386) 248-8030 x18319 Rob Ehrhardt (386) 248-8048 x18382 Aviation and Economic Resources Department Director Rick Karl gave a brief history of the item, noting the Council had directed staff to prepare a draft resolution of support for Space Florida. Public participation took place. Speaking in support of the resolution were Glenn Storch, Dr. Richard Heist, Stephen Dovi, Laura Seward, Stan Escudero, Joseph Coury, Zachary Bettis, Mike Arnan, the Rev. Willie Wood, Deborah Schmeltz, Ari Litwin, Jared Mitchell, Charity Perrow, Ron Engele, Douglas Gibson, Israel Daniels, Joshua Daniels, Rani Cordabya, Tony Ledbetter, Wayne Van Orden, Don Kane, Jim Cameron, Barbara Harris, Cindy Todd, Rob Hanson, Eugene Kowalski, Gene Emter, Bruce Teeters, John Ferguson, Yash Mehta, Rebecca Zgorski, Lucy Desmore, Susan Perry, John Tulley, Roseanne Tornatore and Elliott Hagood. Mr. Dovi displayed photographs of space equipment and Mr. Escudero read a letter of support from State Representative David Hood. Ms. Schmeltz, with the Southeast Volusia Chamber of Commerce, submitted a copy of the Chamber’s recent resolution of support of the initiative into the record, and Mr. Cameron read a letter of support from Congressman Ron Desantis. Speaking in opposition to the resolution were Ted Forsgren, Scott Green, Leslie Sachs, Jake Sachs, Capt. Pat Kelly, Ken Goldberg, Lynn Peterson, Janet Marks, Tom Van Horn, Ed Flannagan, Stephen Kintner, Charles Lee, Bob Stalnaker, Charles Ferguson, Clay Henderson, Donna Lee Needham, David Hartgrove, William Clapham, Betty O’Loughlin, Linda Bystrak, Carla Christianson, Shannon MacLeish, Eric West and Lucinda Van Patten. Council comments followed. Chair Davis clarified that Space Florida was the state’s aerospace economic development organization, not a private agency. He supported the efforts of Space


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Florida and the resolution. Council Member Denys said the County would maintain its commitment to the environment and support jobs and economic development. She supported it and moved to APPROVE the resolution of support for Space Florida’s effort to develop a commercial spaceport. Council Member Wagner seconded the motion, saying it was necessary to change things and support business in Volusia County. Council Member Northey felt the proposal was right, but the location was wrong for this particular endeavor. She said she could not support the resolution. After further discussion and on an electronic vote, the motion CARRIED 6-1, with Council Member Northey in opposition. Resolution No. 2013-158, entitled as follows and on file in its entirety with the records of the Volusia County Council, was duly ADOPTED.

RESOLUTION NO. 2013-158 A RESOLUTION OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, SUPPORTING THE EFFORTS OF SPACE FLORIDA TO CREATE A COMMERCIAL SPACE PORT; PROVIDING AN EFFECTIVE DATE.

2:30 p.m.

Item 35 FILE NUMBER 929 Five year extension of interlocal agreement for distribution of gas tax revenue James T. Dinneen (386) 736-5920 County Manager Dinneen gave opening remarks, noting that he had written all the cities asking for their help in funding mass transit, the major transportation service in the cities, but there was no support for it. As a result, he had suggested that each city keep the same percentage as always rather than asking for any additional funding. Everyone would be held harmless for the next five years until the financial situation improved. However, if the cities developed their own agreement and unanimously agreed to a change in the formula, he believed the County also could support it. Public input followed. Port Orange Mayor Allen Green said his city felt that five years was incorrect and two years would be adequate time to revisit the matter. Greg Kisela, Port Orange City Manager, agreed and said at the last city managers’ meeting, approximately two-thirds of the managers were similarly supportive. Mr. Dinneen noted that he had received several pieces of correspondence from Port Orange on the matter asking for two years, then six months to one year, and the City of Daytona Brach had sent a letter supporting the County’s five- year extension. There appeared to be a real difference of opinion between the cities, and the cities needed to resolve these differences among themselves. He did not believe the County should be the deciding entity or should endorse the cities that believed they would not receive a fair allocation, but would get less than was their due.


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Some discussion followed. Council Member Cusack asked Mr. Kisela about the support shown at the city managers’ meetings and what the mayors thought about the issue. Mr. Dinneen gave the Council Members the official letter from Daytona Beach supporting the five–year extension. He said his office had been contacted by a number of cities on both sides of the issue. County Attorney Eckert clarified that the County Manager was recommending the Council pass the interlocal renewal agreement as presented. Mr. Dinneen said the County would continue to receive 57% of the gas tax revenues, although he believed he could easily make a case to receive more. He hoped the cities could reach a unanimous agreement that the County could endorse. Council Member Northey moved for APPROVAL as recommended. Council Member Daniels seconded the motion. After some further remarks, the motion CARRIED 7-0. 2:40 p.m.

Item 36 FILE NUMBER 928 Workshop update for times and places for ECHO listening sessions Dave Byron (386) 943-7029 x12616 Tim Baylie (386) 736-5953 x12636 Activity Project Manager Bobbie King with the Parks, Recreation and Culture Division displayed a large map of the County on an easel in front of the Council. Community Services Department Director Dave Byron explained that the map would accompany staff to each of the ECHO listening sessions, which were meetings to allow the public to discuss the ECHO program. Ms. King presented a brief PowerPoint slide show that would be used at the listening sessions. . There were some comments about how the discussions would be conducted, the use of a facilitator at the sessions and the type of evaluation process to be used at the end of each one. No action being necessary, the Council thanked staff for the presentation. REPORTS - May be heard anytime throughout County Council meeting as time permits None. OTHER BUSINESS - NOMINATIONS/APPOINTMENTS

Item 37 FILE NUMBER 805 Appointment to fill vacant alternate position on the Personnel Board.


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NOMINATION PROCESS: Any council member may make the nomination One “Alternate” Position: Remainder of six year term expiring August 5, 2017 Application received from: Dr. Fran Duvall (resigned from Human Services) Marcy Zimmerman (386) 736-5920 x12398 County Manager Dinneen said he had interviewed Dr. Fran Duvall, who had applied for the position. She said she had resigned from the Human Services Advisory Board because she really wanted to be on the Personnel Board, a very important group. She had the necessary background, but not enough time to serve on both boards and so had chosen the Personnel Board. Council Member Northey NOMINATED Dr. Fran Duvall, which was APPROVED 7-0.

Item 38 FILE NUMBER 891 Appointments to the Southeast Volusia Advertising Authority. NOMINATION PROCESS: District 1 [The nomination must be a person in the lodging industry] [Must be doing business in the taxing district] One Lodging Position: Two year term commenced April 1, 2013 and expires March 31, 2015 Application received from the following in the lodging industry: Lillian C. Sheller Marcy Zimmerman (386) 736-5920 x12398 Council Member Patterson NOMINATED Lillian Sheller, which was APPROVED 7-0.

Item 39 FILE NUMBER 893 Appointment to West Volusia Tourism Advertising Authority. NOMINATION PROCESS: Chair


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[Must be doing business in the taxing district] One Position: Two year term commenced April 1, 2013 and expires March 31, 2015 Application received from: David W. Wilson (non-lodging) Marcy Zimmerman (386) 736-5920 x12398 Chair Davis gave the gavel to Vice-Chair Cusack and NOMINATED David Wilson, which was APPROVED 7-0.

Item 40 FILE NUMBER 901 Appointments to animal control board. NOMINATION PROCESS: At-Large, District 2 and District 4 [Membership of the animal control board may include, but is not limited to: (1) a licensed veterinarian, (2) a humane society representative, (3) a cat owner, (4) a member of a kennel club, (5) a hunter, (6) a county citizen from an unincorporated residential area, (7) a livestock owner, (8) a county citizen from an unincorporated agricultural area, (9) a county citizen from an unincorporated area with an expressed interest in animal issues.] Three Positions: Vacancy: Two year term commenced April 1, 2013 and expires March 31, 2015 Vacancy: Two year term commenced April 1, 2013 and expires March 31, 2015 Vacancy: Two year term commenced April 1, 2013 and expires March 31, 2015 NOTE: * means incumbent Applications received from: Maria Avellino (citizen from unincorporated area) Pat Mihalic (citizen) * Marcy Zimmerman (386) 736-5920 x12398 Council Member Wagner CONTINUED his appointment, which was APPROVED 7-0. Council Member Cusack CONTINUED her appointment, which was APPROVED 7-0. Council Member Daniels CONTINUED his appointment, which was APPROVED 7-0.


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PUBLIC PARTICIPATION The 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 necessary. After recognition by the County Chair, state your name and address for the record before beginning your comments. You may speak up to three minutes. The County Council does not answer questions or requests during Public Participation due to time constraints. Any specific questions or requests that necessitate a follow-up will be based upon the written information on your public participation slip. 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. None. DISCUSSION BY STAFF OF MATTERS NOT ON AGENDA County Manager Dinneen:

1. Regarding CRAs, said it would be in everyone’s best interest to focus on any new proposals that came before the Council and let them stand or fall on their own merits. He recommended the County stay with the 2010 CRA rules and guidelines for new CRAs. It was time to move on.

Council Member Wagner moved to SEND a letter to the cities advising the draft resolution regarding CRAs was withdrawn. Instead, new CRAs would be considered under the rules and terms of the 2010 resolution and would be reviewed on their own merits. No changes were being contemplated at this time to existing CRAs. A city would not necessarily be able to copy an action that had taken place in another city’s CRA. Council Member Denys seconded the motion, which CARRIED 7-0.

2. Asked Deputy County Manager Connors to give an update about the SunRail project. She distributed letters from the State Department of Transportation (DOT) and the State Department of Economic Opportunity (DEO) with comments on the County’s Comprehensive Plan changes for the DeLand SunRail area and the Transit Oriented Development (TOD) around it. The DOT and the DEO had indicated the land uses the County had offered for the TOD were fine. But, DOT


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planners were concerned that allowing the property owners to keep the option of staying with those land uses was not supportive of the State’s investment in SunRail. The DOT District Secretary said the DOT still was trying to be supportive of the County. Ms. Connors said a suggestion had been made that the property owners might be more comfortable losing their existing uses if they were certain of SunRail’s actual arrival. The County would consider bringing forward that sort of amendment. The County not only wanted its application to be acceptable, but also competitive, and was relying on the DOT to provide guidance. Mr. Dinneen added that regardless of any inaccuracy, the letters reflected stated policy and the Council would have to deal with the policy until something changed. A discussion followed about asking the DOT to attend a Council meeting and explain its position. Mr. Dinneen said it was imperative to ask the DOT to visit, otherwise it would give the appearance the Council had no reaction to the letter, and the letter would then stand as it was.

3. Asked Deputy County Manager Weaver to give an overview of a five-year budget

forecast by an independent third party, the County’s outside auditor James Moore & Co. Ms. Weaver first distributed two sheets of paper with the 68 County funds to be forecast, one with 24 funds on it, and the other with the remaining 44 funds, many of which were very small or restricted. Bernadette Britz-Parker, senior partner with James Moore & Co gave a price of not to exceed $75,000 for all 68 funds and not to exceed $65,000 for the 24 funds on page 1 that would cover about 88% of the total budget. Staff needed direction and approval from the Council to move forward. A good deal of discussion followed. Council Member Daniels moved to AUTHORIZE the County Manager to pay for a five-year forecast of the 24 funds on page 1 of the County forecast funds at a cost not to exceed $65,000. Further, the County Manager would contact Ms. Britz-Parker, the accountant, to determine the cost to forecast the additional funds in excess of $1 million listed on page 2 and bring the figure back to the Council for approval. Council Member Denys seconded the motion. The motion CARRIED 6-1, with Council Member Northey in opposition.

County Attorney Eckert:

1. Said he felt a motion was needed regarding the Deltona water rates brought up by Council Member Northey. Council Member Northey moved to WRITE a letter to the City of Deltona requesting it reconsider its proposed surcharge fee for residents in the unincorporated area receiving utility services from the City. Council Member Daniels seconded the motion, which CARRIED 7-0.


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

1. NOMINATED Mary Mula to the Affordable Housing Advisory Committee, which was APPROVED 7-0.

2. Acknowledged the local radio station WSBB for airing the State of the County speeches live that morning.

3. Said she recently had spent time with the Ocean Center marketing staff, had found the meeting to be very informative and encouraged the other Council Members to meet with them.

4. Spoke about the $50 million in the State budget for trails, and moved to APPROVE a resolution of support and encouragement for the Governor to support and keep in the budget the $50 million allocation for trail funding for the Coast to Coast Connector stretching from Titusville/Edgewater to St. Petersburg. Council Member Cusack seconded the motion, which CARRIED 7-0. Resolution No. 2013-159, entitled as follows and on file in its entirety with the records of the Volusia County Council, was duly ADOPTED.


A RESOLUTION OF THE COUNTY COUNCIL OF VOLUSIA COUNTY. FLORIDA, SUPPORTING THE APPROPRIATION OF FIFTY MILLION DOLLARS FOR “THE COAST TO COAST CONNECTOR” MULTI-USE TRAIL FOR 2013-14; PROVIDING AN EFFECTIVE DATE.

5. Spoke about Florida Water, the private utility previously owned by the County. The County had given the utility to the City of Deltona with no agreement establishing that non-City residents would be charged the same rate as those within the City limits. It appeared the City intended to place a 25% surcharge on the water rates for citizens that were not within the City limits. Ms. Northey wanted to AUTHORIZE the Chair to write a letter to the City of Deltona requesting it reconsider the 25% surcharge imposed on those citizens residing in the unincorporated area and being provided utilities by the City of Deltona. There was a CONSENSUS to do so.

Council Member Patterson:


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1. Moved to AGENDA dirt road subdivisions and the standards for unpaved road construction for discussion at a future Council meeting. Council Member Wagner seconded the motion, which CARRIED 6-1, with Council Member Northey in opposition.

Council Member Wagner:

1. Spoke again about extending the hours at the parking garage from three to four hours to accommodate the longer movie run times. He wanted an Agenda Item on the issue. There was a CONSENSUS to have one.

2. Asked if anyone had met with Sharon Prescott regarding her mobile home. Growth and Resource Management Department Director Kelli McGee spoke about the issue being two primary dwelling units on one property. She said would be meeting with Ms. Prescott the next day and would find out more information. Some discussion followed.

3. Praised staff and the County Manager for working out the compromise on impact fees. County Attorney Eckert explained that a conforming reference had been made to U.S. 17-92, the western boundary of the credit exchange area for both Zones 3 and 4.

Council Member Cusack:

1. Wondered if the County could engage the mayors in West Volusia in a dialogue about Votran. Perhaps the cities could assist with its funding problems, as everyone was in the situation together. Some discussion followed and County Manager Dinneen suggested inviting them to the upcoming Votran workshop. He said he wondered if the cities had any idea of the challenges the County faced with Votran.

Council Member Daniels:

• Had nothing for discussion. Council Member Denys:

1. Distributed a chart the Council had been shown by the Ocean Center consultant in January, 2013. She also held up a report the Council was given in April, 2011, which she said was very impressive and thought the final report would resemble. Ms. Denys said the issue was the final tourism and marketing study did not have anywhere near the data included in the 2011 sample study. She felt there was a huge discrepancy between the chart shown by the consultant and sales figures


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released by the Ocean Center. There were too many disconnects, and she was troubled by and disgusted with the entire process. Council Member Daniels agreed with her, and said the County should ask for a refund from the Strategic Advisory Group, which had generated the report. A great deal of dialogue followed.

Chair Davis:

• Had nothing for discussion.

ADJOURNMENT There being no further business, the meeting adjourned at 8:04 p.m. APPROVED COUNTY COUNCIL VOLUSIA COUNTY, FLORIDA BY______________________________________ Jason P. Davis, County Chair ATTEST__________________________________ James T. Dinneen, County Manager


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