ALL RIGHT, WE ARE BACK IN SESSION. MR. PATTERSON IS JUST BEHIND THE DOOR. I CAN SEE HIM. ALL RIGHT, LADIES AND GENTLEMEN.

ALL RIGHT. RESOLUTION REQUEST OF THE TRUSTIES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA TO TRANCER MURPHY DEED RESERVED'SMENTS TO THE COUNTY OF CONSTRUCTION OF THE EAST CENTRAL REGIONAL RAIL TRAIL ALONG THE MAYTOWN-OSTEEN ROAD.

GOOD MORNING. JERRY BRENTON, COUNTY ENGINEER. THIS IS AN ITEM WHICH SAYS IT IS A REQUEST TO ASK THE TRUSTEES OF THE INTERNAL IMPROVEMENT FUND -- THAT IS THE STATE OF FLORIDA WOULD OWNS STATE LANDS, TO RELEASE RESERVED RIGHT OF WAY ALONG MAYTOWN-OSTEEN ROAD. WHAT I WOULD LIKE TO DO IS GIVE A LITTLE BIT OF BACKGROUND FIRST SO THAT WE CAN PUT IT INTO PERSPECTIVE OF THE SYSTEM SO THAT WE DON'T JUST ISOLATE STRICTLY ON THIS. IF YOU RECALL, THE TOTAL SYSTEM OF TRAIL, WHEN IT IS COMPLETED, AND WE ARE MARCHING AHEAD TO COMPLETE THAT, IS OVER 66-MILES. EVERYTHING IN RED THERE IS THE RAILS TO TRAILS. THIS IS WHAT WAS THE FEC RAILROAD YEARS AGO. IT WAS SHUT DOWN, ABANDONED IN THE STATE OF FLORIDA BACK SEVERAL YEARS AGO, PURCHASED IT. THEY PURCHASED EVERYTHING THAT THEY COULD ESTABLISH GOOD TITLE TO. THERE WERE SECTION THAT IS THEY COULD NOT PURCHASE AND THEY DID NOT PURCHASE. THERE IS A GENTLEMEN HERE TODAY WHO SAID HE HAD TO FIGHT QUITE A BIT WITH THE FEC AND I THINK THE STATE TO INSURE THAT THEY INCIDENT CLAIM RIGHTS TO THE RIGHT-OF-WAY THROUGH HIS PROPERTY. IN FACT, HE HAS A HOUSE RIGHT IN THE MIDDLE OF IT. THE STATE DID NOT BUY THAT PARCEL. AND THERE ARE SOME OTHER ONES. SO, WHAT YOU SEE IN THE BOTTOM IS A LITTLE BLUE OVAL. THAT IS AREA WE ARE TALKING ABOUT. IF WE FLIP TO THE NEXT SLIDE, PLEASE. THIS IS THE SEGMENT THAT, THE NEXT SEGMENT THAT IS FUNDED FOR CONSTRUCTION. IT HAS RUNNING FROM STATE GRANTS AND TRAIL FUNDS. IT IS FULLY FUNDED THROUGH 4-13. WE ARE IN CONSTRUCTION OF THE BRIDGE OVER 415. THIS PICKS UP AT THAT BRIDGE AND GOES EAST 2.6-MILES TO GEISE ROAD. WITHIN THERE WHERE THE BLUE OVAL IS THE SECTION WE ARE TALKING ABOUT TODAY. SOME OF IT HAS RAILROAD RIGHT OF WAY. ABOUT HALF OF IT. AND HALF OF IT THE STATE COULD NOT BUY. THEY DID NOT HAVE TITLE. THE FEC DID NOT HAVE TITLE SO THE STATE COULD NOT BUY IT. I WOULD LIKE TO BACK UP A LITTLE BIT TO THE PG&E STAGE BACK SOME 5 OR 7 YEARS AGO WHEN WE DID THE PROJECT DEVELOPMENT AND ENVIRONMENT STUDY FOR THE ENTIRE SYSTEM THAT WENT TO EDGEWATER AND DOWN TO BREVARD THERE. ARE SLIDES HERE TO GIVE YOU PERSPECTIVE. ON THIS ONE IT APPEARS THAT THE ALIGNMENT PARALLELS FAIRLY CLOSE TO THE OWE SEEN-MAYTOWN ROAD. IN SOME PLACES WE ARE PROPOSING IT -- OSTEEN-MAYTOWN ROAD. IT IS AWAY FROM -- THE RAILROAD WAS NOT PARALLEL OR ADJACENT TO MAYTOWN ROAD. YOU HAD HOMES ALL ALONG MAYTOWN ROAD. THE RAILROAD RIGHT OF THE WAYERS, FOR THE MOST PART -- WAYS, FOR THE MOST PART, IS BEHIND THOSE HOMES AND CLOSE TO THOSE HOMES. THAT IS WHY I WANT TO SHOW YOU WHAT IT IS FOR THE WHOLE 2.6-MILES REAL QUICKLY. IF YOU CAN FLIP TO THE FIRST 2 PAGES OF THE PG&E. HERE WE GO. THIS IS THE 15 THAT GOES BY THE OSTEEN COMMUNITY CENTER. THEN YOU CAN SEE HOW IT SWINGS TO THE EAST. GO TO THE NEXT ONE, PLEASE. THERE YOU HAVE -- YOU CAN'T EVEN SEE MAYTOWN ROAD. IT IS OFF THE SHEET TO THE NORTH, BUT YOU CAN SEE ALL THOSE HOME THAT IS DO FRONT ON MAYTOWN, AND SO THE TRAIL, AND THE OLD RAILROAD USED TO BE IN THE BACKYARDS OF MANY OF THESE HOMES. ON THE BOTTOM YOU CAN SEE IT IS

IN ESSENTIALLY THE FRONT YARD OF ONE OF THE HOMES THERE. GO TO THE NEXT ONE, PLEASE. HERE AGAIN IT IS DIRECTLY BEHIND -- IN THE BACKYARDS OF ALL THOSE HOMES ALONG MAYTOWN ROAD. IT IS JUST WHERE THE RAILROAD WENT. GO TO THE NEXT ONE. THERE YOU CAN SEE AGAIN IT IS FAIRLY CLOSE TO SOME OF THE BACKYARDS OF THESE HOMES. BUT IT IS RURAL AREAS. YOU CAN START TO SEE WHERE MAYTOWN ROAD PICKS UP ON THE RIGHT HAND CORNER. SO, THE RAILROAD AT THIS POINT -- MAYTOWN SWINGS DOWN SO THE RAILROAD WAS PRETTY STRAIGHT AND PARALLELS TO THE SOUTH OF MAYTOWN. THE NEXT LINE. THIS IS A SECTION WHERE YOU CAN SEE THAT THE RAILROAD IS PRETTY CLOSE TO MAYTOWN ROAD, BUT THERE IS PRIVATE PROPERTY ON THE NORTH SIDE OF THE RAILROAD RIGHT OF WAY, AND MUCH MORE PROPERTY TO THE SOUTH. THIS IS THE BEGINNING OF THE SECTION WE ARE TALKING ABOUT TODAY. THE GENTLEMEN WROTE -- I HAVEN'T SEEN ANY OTHER EMAILS, BUT THIS IS WHERE YOU SEE THE LOOP THERE. THAT IS MR. MARC DAVIS' PROPERTY. THERE WITH THE PG&E YOU CAN SEE THERE WAS NO RAILROAD RIGHT OF WAY ACQUIRED THERE. SO, THERE IS TO THE EAST AND THERE IS TO THE WEST, SO YOU HAVE TO CONNECT IT IF YOU ARE GOING TO HAVE A CONTINUOUS TRAIL. SO WE LOOKED TO ALTERNATIVES TO GO BEHIND THE HOME OR IN FRONT AND HUG THE RIGHT-OF-WAY OF MAYTOWN ROAD. AT THE PG&E STAGE IT WAS ANTICIPATED YOU WOULD SWING BACK TO THE RAILROAD RIGHT OF WAY. GO TO THE NEXT SLIDE. YOU WOULD THEN BE IN THE RAILROAD RIGHT OF WAY CLOSER TO THE HOMES THAT ARE TO THE SOUTH OF IT. YOU CAN SEE THERE IS ONE -- A COUPLE OF HOMES IN THE MIDDLE THAT WOULD BE PRETTY DARNED CLOSE TO IT IF YOU WENT IN THE RAILROAD RIGHT OF WAY. YOU GET TO THE NEXT SEGMENT WHICH DOESN'T HAVE RAILROAD RIGHT OF WAY. SO, ALTERNATIVES WERE TO GO UP AND HUG MAY TOWN ROAD WHERE YOU HAVE TRAFFIC AND EVERYTHING, MUTT THE BICYCLES, WALKERS AND HIKERS UP IN THAT ROAD CORRIDOR, OR PUT IT BACK BEHIND THE PROPERTIES. THE NEXT SLIDE AND THE LAST ONE. THIS SHOWS IT COMING BACK AND GOING UP AND PICKING UP THE RAILROAD RIGHT OF WAY AGAIN. THIS TIME OF THE PG&E IT WAS THOUGHT THAT ALL -- WHICHEVER ALTERNATIVE YOU TOOK, TOUCHDOWN BUY THE RIGHT-OF-WAY. WELL, IN OUR RESEARCH AS WE WENT FURTHER INTO IT WE FELT THAT GOING UP ALONG THE SOUTH SIDE OF MAYTOWN ROAD MADE THE MOST SENSE. IT WAS THE LEAST DISRUPTIVE. YOU ALREADY HAVE TRUCKS, CARS AND EVERYTHING ELSE RIGHT THERE. WE THOUGHT IT WOULD BE LESS INTRUSIVE TO PUT THE PUBLIC UP THERE ESSENTIALLY ON THE SIDE OF THE ROAD VERSUS BACK IN THE RURAL YARDS OR WHERE THEY HAVE LIVESTOCK, QUITE A FEW PEOPLE, SO THAT WAS THE THOUGHT THAT THE PREFERRED ONE WAS GOOD TO GO ON THE NORTH SIDE. WELL, THE RESEARCH, TITLE SEARCH, DISCOVERED THAT THERE WAS SOMETHING CALLED MURPHY DEED, THAT HAS BEEN PLACED ON THESE PROPERTIES BACK IN THE 40s. IN 1939 THE FLORIDA LEGISLATURE PASSED A MURPHY DEED. AND I KNOW I WILL BE CORRECTED IF I STRAY TOO FAR FROM THE LEGAL STUFF, BUT IN BASIC TERMS AS AUNDERSTAND IT, IN 1941 -- WELL, THE MURPHY DEED LEGISLATION WAS PASSED IN '39. THIS WAS THE TIME WHEN FOLKS WERE LOSING PROPERTY AND COULD NOT PAY TAXES. SO, THE STATE TOOK PROPERTY BACK WHEN THEY COULD NOT PAY TAXES. AND IN THIS CASE THERE WERE TWO LARGE ANTIQUATED SUBDIVISIONS. WE HAVE TWO SECTIONS ON THIS IN EXHIBITS, SO IT APPLIED TO TWO SECTIONS WHICH COVERED A TOTAL OF 13 PROPERTIES. WHOEVER OWNED IT BACK THEN COULD NOT PAY TAXES. MAYTOWN ROAD AT THAT TIME WAS ESTABLISHED AND HAS TO HAVE BEEN ESTABLISHED AS A STATE ROAD. THAT IS IMPORTANT FOR A MURPHY DEED TO BE VALID. SO IT WAS A STATE ROAD BACK THEN AND THE STATE HAD AN INTEREST. THEY TOOK OVER ALL THIS PROPERTY AND THEN LATER THEY SOLD IT TO TRY TO RECOUP, YOU KNOW, PUT IT BACK ON THE TAX ROLL. WHEN THEY SOLD IT AGAIN THEY RETAINED 100 FEET FROM THE CENTER LINE OF THAT STATE

ROAD. SO, IT INCLUDED THE -- WHAT WE CONSIDER ROAD RIGHT OF WAY NOW. IT WENT FROM THE CENTER OF THE ROAD DOWN 100 FEET ACROSS ALL 13 PROPERTIES. AND I PUT AN AGENDA ITEM AS I RESEARCHED IT. THERE WAS AN ARTICLE IN THE FLORIDA BAR JOURNAL THAT SAID THAT FLORIDA STATE GOVERNMENT PROMISED A REPAYMENT OF LOST TAX REVENUE TO TAXPAYERS AND COST SAVINGS ALONG EXISTING PUBLIC ROADWAYS. THE MURPHY ACT SURVIVED CONSTITUTIONAL CHALLENGES. SO THE IDEA WAS WHEN THEY SOLD IT OFF THEY RETAINED RESERVATION, ESSENTIALLY AN EASEMENT OVER 100 FEET. WHILE IT GOES TO THE CENTER LINE, THESE 13 PROPERTIES, WHEN THE LARGE SUBDIVISIONS WERE SUBDIVIDED, EACH OF THESE 13 PROPERTIES, THEY ACCEPTED OUT THE ROAD RIGHT OF WAY. SO, WE ALREADY HAVE THE ROAD RIGHT OF WAY, SO THEIR PROPERTY DIDN'T GO TO THE CENTER LINE. SO, IF WE CAN GO TO THE NEXT SLIDE, PLEASE. THIS IS THAT PICTURE THAT -- WHERE I DESCRIBE THAT THIS IS -- ON IF FAR LEFT IS THE FIRST PROPERTY MR. DAVIS -- HE IS ON THE LEFT. YOU CAN SEE THE PEAK, WHICH IS WHAT WAS PURCHASED BY THE STATE OF FLORIDA. OUR TRAIL COMES IN FROM THE WEST. POINT OVER, UP THERE. IT COMES INTO THAT. WE USED IT ALL THE WAY TO 415 WITH NO ISSUES. WHEN YOU GET TO THIS WE HAD ALTERNATIVES IN THE PG&E TO GO AROUND BEHIND THE HOUSE OR IN FRONT, SO WHAT WE HAVE SELECTED EVEN BEFORE WE KNEW THERE WAS A MURPHY DEED WHEN WE THOUGHT WE WOULD HAVE TO PURCHASE IT, WE WERE UP AGAINST THE ROAD RIGHT OF WAY. SO, WHAT WE ARE SHOWING HERE IS TO GO UP AGAINST THE ROAD RIGHT OF WAY. RATHER THAN GO INTO THE ROAD RIGHT OF WAY WHEN YOU GET TO THE PINK, IT IS LESS DISRUPTIVE TO THE PROPERTY OWNERS BECAUSE EACH OF THE CASHINGER PINK ARE THE RESIDENTS. IF WE USE THE PINK RAILROAD RIGHT OF WAY, THE TRAIL WOULD BETWEEN -- THE PROPERTY OWNERS WOULD HAVE A LOT OF THE PROPERTY TO THE SOUTH, BUT A SLIVER OF THEIR PROPERTY ON THE NORTH SO WE THOUGHT MUCH LESS DISRUPTIVE TO JUST LET IT HUG THE ROAD RIGHT OF WAY. ON THIS ONE, LET ME GIVE YOU A COUPLE OF LITTLE THINGS. THE DISTANCE FROM THE TRAIL TO THE FIRST RESIDENTS, MR. DAVIS, FROM THE TRAIL TO THE FRONT OF HIS HOUSE IS APPROXIMATELY 115 FEET. YOU GO TO THE NEXT PROPERTY -- GO TO THE ONE THAT IS REAL CLOSE. THAT ONE. THAT IS 144 FEET FROM THE TRAIL. AND THEN THE LAST ONE IS WELL OVER 240 FEET. IF WE GO TO THE NEXT SLIDE HERE YOU CAN SEE WE ARE UP AGAINST THE ROAD RIGHT OF WAY. AND WE ARE NOT IN THE RAILROAD RIGHT OF WAY. AND THEN YOU HAVE A GAP OF 5 PROPERTIES THAT THE STATE COULD NOT PURCHASE TITLE TO IT BECAUSE FEC COULD NOT ESTABLISH THAT THEY OWNED IT. SO, WE ARE SUGGESTING THAT WE PUT THE TRAIL UP AGAINST THE EXISTING RIGHT OF WAY THROUGH THIS AREA. THE FIRST RESIDENCE YOU SEE THERE IS 78 FEET FROM THE TRAIL. THE CLOSEST ONE OF ALL IS RIGHT IN THE MIDDLE. THEY WOULD BE 62 FEET FROM THE TRAIL. AND THEN THE NEXT ONE IS 150 FEET BACK FROM IT. SO, I GUESS IN SUMMARY, WHAT WE HAVE PROPOSED IS THAT THE TRAIL BE IN THE SAME ROAD CORRIDOR. THE YELLOW YOU SEE THERE IS THE ACTUAL PAVEMENT OF MAYTOWN ROAD. YOU HAVE A SWELL AND IN SOME PLACES A DEEP DITCH. AND THEN WE WOULD HAVE THE TRAIL AS CLOSE TO IT AS WE CAN POSSIBLY GET IT. WHERE IT IS THE CLOSEST, 62 FEET, 78 FEET FROM IT, WHAT WE THOUGHT WAS THE MOST FRIENDLY AND NEIGHBORLY WOULD BE TO PUT THE TRAIL RIGHT UP -- I THINK AN OFFSET OF 6 TO 8 FEET FROM THE EDGE OF THE PAVEMENT AND RELOCATE THE SWELL TO THE BACK SO THAT THE TRAIL WASN'T, YOU KNOW, AS CLOSE TO THEIR HOME. BECAUSE IF YOU LEFT THE DITCH WHERE IT WAS YOUR TRAIL WOULD BE ON THE BACKSIDE. AND WE FELT THE PEOPLE WOULD RATHER HAVE THE TRAIL FURTHER AWAY AND A SWELL OR A DITCH ON THE BACKSIDE OF THE -- AND ALSO, IT IS BETTER FROM A STANDPOINT OF YOUR PUBLIC TRESPASSING, OR GETTING PRETTY CLOSE TO THE HOMES. SO IN

THAT SECTION, THAT IS WHY YOU SEE THE LIGHT BLUE. THAT IS WHAT WE ARE REQUESTING YOUR APPROVAL ON TO THEN REQUEST TO THE STATE OF FLORIDA BY RESOLUTION PER THE STATUE THAT THE STATE RELEASE THEIR RESERVATION, WHICH IS AN EASEMENT, OVER WHAT IS SHOWN IN LIGHT BLUE. THE AREA RANGES FROM 20 TO 34 FEET. AND WE -- WHETHER WE SEND THIS, IF YOU APPROVE THIS, WHEN WE SEND IT, IT TAKES STATE ACTION TO DO THAT. THERE IS -- I THINK IT IS THE DEPARTMENT OF STATE LANDS SERVES AS THE TRUSTY. SO, THEY WILL REVIEW THIS AND TAKE ACTION. FDOT HAS ALREADY SAID THEY HAVE NO OBJECTION. WHEN WE DO SEND THIS, IF IT IS APPROVED TO THE STATE, WE WILL NOTIFY AND PROVIDE A COPY OF OUR CORRESPONDENCE, THE RESOLUTION AND CONTACT INFORMATION, TO EACH OF THE 13 AFFECTED PROPERTY OWNERS SO THAT IF THEY WISH TO ALSO HAVE THE OPPORTUNITY TO APPEAL THIS AND CHALLENGE IT WITH A STATE LEVEL THEY CAN DO SO. MR. CHAIR AND MISS COUNCIL? I KNOW IT IS NOT THE SIMPLEST MATTER BEFORE YOU, BUT MY RECOMMENDATION IS YOU AUTHORIZE THIS TO BE SUBMITTED TO THE STATE TO REREESE THAT RESERVATION EASE -- RELEASE THAT RESERVATION EASEMENT OFF OF WHAT IS SHOWN IN THAT LIGHT BLUE.

ANYTHING ELSE?

SIR?

YES, SIR.

I DO HAVE ONE QUESTION FOR YOU. YOU SAID THAT IT HAS TO BE A STATE ROAD FOR MURPHY DEED TO BE INACTIVE?

AT THAT TIME IT HAD TO BE.

WHEN DID OSTEEN-MAYTOWN ROAD BECOME A STATE ROAD?

IT WAS A STATE ROAD IN 1941 WHICH WAS THE REQUIREMENT FOR THE MURPHY DIED TO BE VALID.

IT WAS LISTED AS STATE ROAD 36 OR 22, OR -- .

YES. WE HAVE THE DEW POINTS. MRS. SEAMAN HAS PROVED THEM.

CAN I SEE THE DOCUMENTS?

I DON'T HAVE THEM IN FRONT OF ME. THEY ARE UP STAIRS IN THE RIGHT OF WAY DEPARTMENT. BUT ALL OF THE MAPS OF THE COUNTY AND ALL THE STATE ROADS FROM THE ANCIENT MAPS ARE -- YES, I DID REVIEW IT AND YES, OSTEEN-MAYTOWN ROAD, WAS DESIGNATED AS A STATE ROAD IN 1941.

THEN WHY DID THEY WAIT SO LONG TO PAVE IT? I MEAN THAT HAS BEEN A DIRT ROAD UP UNTIL WHAT, THE PAST FIVE YEARS? IT WAS AN OLD, BUMPY ROAD. I USED TO RIDE UP THERE ALL THE TIME AS A KID.

WHEN DID IT STOP BEING A STATE ROAD AND DID IT CHANGE ANYTHING WITH THE MURPHY DESIGNATION?

NO, IT RIDES WITH IT. IT IS STILL IN AFFECT. THE STATE STILL HAS -- THAT IS WHY WE HAVE TO -- .

THAT HAS NEVER BEEN CHALLENGED IN COURT?

IT HAS BEEN. IT HAS BEEN CHALLENGEED IN VOLUSIA COUNTY.

ANOTHER EXAMPLE OF A ROAD THAT WAS A STATE ROAD THAT IS NOW A COUNTY ROAD IS ORANGE CAMP. ORANGE CAMP HAD A MURPHY RESERVATION ON IT. AND UNFORTUNATELY IN THAT SITUATION, THE MURPHY RESERVATION RAN THROUGH PEOPLE'S HOMES. THE TITLE COMPANIES MISSED IT. IT ACTUALLY RAN THROUGH PEOPLE'S HOMES. WHEN WE PUT THE SIDEWALK IN THERE, WE ASKED FOR THE RELEASE OF THE MURPHY RESERVATION TO THE COUNTY TO PUT THE SIDEWALK IN AND WE RELEASED THE REMAINDER OF THE INTEREST TO THE PROPERTY OWNERS SO THEY CAN CLEAR TITLE TO THE HOMES. SO ALL WE DID IS RETAIN THE PORTION. BUT THE WAY THIS LAW OPERATED AND STILL OPERATES -- AND YES, IT HAS BEEN CHALLENGED AND YES, THE COURTS HAVE FOUND THE MURPHY RESERVATIONS IN VOLUSIA COUNTY AS WELL AS THE REST OF THE STATE OF FLORIDA AS VALID, IS WHEN THE PROPERTY IS DEEDED TO THE STATE FOR FAILURE TO PAY TAXES DURING THE DEPRESSION, THE LEGISLATURE MADE A DETERMINATION TO TURN AROUND AND TRY TO SELL IT, THAT THEY RETAIN THE RIGHTS OF WAY 100 FEET FROM CENTER AS ANY DESIGNATED STATE ROAD AS OF 1941. SO, IT TAKE AS LOT OF RESEARCH. WE HAVE TO DIG INTO DOCUMENTS TO SEE IF THEY ARE VALID. IF WE ARE WRONG, THE TRUSTEES WON'T RELEASE IT TO US. WE HAVE TO MAKE THE REQUEST OF THE TRUSTEES, THE GOVERNOR AND CABINET. THE DIVISION OF STATE LANDS REVIEW OUR ANALYSIS. IF IT IS A VALID MURPHY RESERVATION AND THE D.O.T. NO LONGER NEEDS IT FOR STATE D.O.T. PURPOSES, THEY RELEASE IT TO THE LOCAL GOVERNMENTS, SO CITIES AND COUNTIES HAVE THE RIGHT TO REQUEST THE RELEASE OF THE RIGHT-OF-WAY.

OKAY.

THANK YOU.

ANY OTHER STAFF COMMENT? OKAY. HAVE A SEAT, JERRY. I AM SURE YOU WILL BE CALLED UPON.

NOW, THE STAFF PART OF OUR CONVERSATION WILL NOW OPEN IT UP TO THE CITIZENS. WE HAVE A NICE LITTLE PILE HERE THIS MORNING. LET'S GET RIGHT INTO IT. MR. BYRON PEEVEY?

GOOD MORNING, MR. CHAIRMAN. GOOD MORNING COUNSEL MEMBERS.

WE NEED YOUR NAME AND ADDRESS FOR THE RECORD, SIR.

MY NAME IS BYRON PEEVEY. I LIVE AT 695 OSTEEN-MAYTOWN ROAD. I JUST MOVED THERE FOUR MONTHS AGO. JUST BOUGHT THE PLACE. OUR DREAM HOME. MINE AND MY WIFE'S. FIRST HOME WE EVER OWNED. WE HAD IS TITLE SEARCHED, SURVEYS, NOTHING ABOUT THIS. SO, WHEN I GOT HOME SATURDAY AFTER TRYING TO SHOW MY SON WHERE I WAS BORN AND RAISED AT AND I LIVED FOR 32 YEARS, IT WAS OVER IN WEST ORANGE COUNTY, SAME THING HAPPENED. I INHERITED THAT LAND IN 1994 WHEN MY MOTHER AND GRANDMOTHER PASSED AWAY. IN ME, MY TWO SISTERS AND BROTHER. I LIVED ON IT, HAD HORSES ON IT AND EVERYTHING. THEY PUT A BACK TRAIL ON IT IN 1996. THERE WAS A BACK TRAIL THAT RAN AROUND THERE. I WAS LUCKY TO KNOW PEOPLE WHO KNEW THE LAW. I COULD GO HIRE MY OWN ATTORNEY. IT WAS MORE LIKE IMMINENT DOMAIN. AT

LEAST THIS TIME THEY WEREN'T SAYING THAT IS NOT YOUR LAND. TWO YEARS LATER THE EXPRESSWAY AUTHORITY CAME THROUGH AND TOOK IT ALL. SO WHEN I WENT OVER THERE SATURDAY I COULD NOT SHOW MY 4-YEAR-OLD WHEN I LIVED AT. I COULD NOT FIND IT. IT WAS TOTALLY DIFFERENT OVER THERE. THEN I GET THIS LETTER AND I AM LIKE SOMETHING IN THE MILK IS NOT CLEAN HERE. I GOT IT THREE WORKING DAYS BEFORE I COULD DO ANYTHING. NOW, THE FIRST THING I DID WAS I SCANNED THIS AND EMAILED EVERY ONE OF YOU ALL. I EMAILED PRESIDENT OBAMA, HIS WIFE, THE VICE PRESIDENT, GOVERNOR AND SO ON. THANK YOU FOR ANSWERING ME BACK. I KNOW YOU ALL HAVE TONS OF EMAILS. I DON'T EVEN ANSWER MINE AND I KNOW THREE DAYS ISN'T ENOUGH. SO I CALLED MR. HARRIS. HE IS ONE OF THE BEST GUYS AROUND, THE BEST ATTORNEY AROUND. THE FIRST THING MONDAY MORNING I FAXED THIS OVER TO HIM. AND I AM NOT HIS ONLY CLIENT. I WAS SURPRISED HE DID CALL ME YESTERDAY. WHEN HE DID HE SENT HIS EXPERT AND SAID THERE IS AN EXPERT ON THE MURPHY ACT BECAUSE IT IS LIKE A WET PAPER BAG THERE. ARE SO MANY HOLES THROUGH IT. FOR ONE, I WISH I HAD MORE THAN THREE MINUTES I COULD SCHOOL YOU A LOT BETTER THAN THE OTHER GENTLEMEN. IN FACT, HE WAS SUPPOSED TO CALL MR. JIM WHITE YESTERDAY AT 11:00. THE ONE THING, THE MURPHY ACT IS ONLY FOR VEHICLES. NOT REACTIONAL. IT IS NOT UP TO THE CITY. ANYBODY CAN RELEASE THAT MURPHY ACT. THEY CAN RELEASE IT TO ME. WHAT THEY ARE WANTING TO TAKE IS 30 FEET OF MY PROPERTY. THAT IS THE PRETTIEST OF THE WHOLE PROPERTY THAT I DRIVE INTO. I AM WANTING TO RAISE MY 4-YEAR-OLD THERE AND THEY ARE SAYING THAT IS NOT MINE AND HERE I HAVE BEEN PAYING TAXES ON IT FOR FOUR MONTHS. WHAT ABOUT THE PRIOR OWNERS PAYING TAXES ON IT. YES, IT IS SO MANY FEET FROM MY HOUSE. THEY DIDN'T SAY HOW MANY FEET IT IS FROM MY WELL. I NEVER HAD A WATER SOFTENER. WHEN WE LIVED ON WEST ORANGE TRAIL IT WAS TERRIBLE. I HAVE A GATE THAT OPENS BY ITSELF. THAT IS THEIRS. THAT IS WHY THEY ARE TRYING TO TELL ME. I AM UPSET. I KNOW MY TIME IS RUNNING OUT. I WISH I COULD SAY MORE. I APPRECIATE YOUR TIME BUT THIS IS HEARTBREAKING TO ME. THIS STUFF IS FOLLOWING ME WHEREVER I GO. IT HAS TAKEN 16 OR 17 YEARS TO GET BACK TO WHERE I WANTED TO BE AND THE LIFESTYLE I WANTED TO RAISE MY CHILD. THANK YOU.

THANK YOU, SIR. KATHERINE PEEVEY? YOU ARE NEXT. WE NEED YOUR NAME, ADDRESS AND YOU HAVE THREE MINUTES.

MY NAME IS KATHERINE PEEVEY. EXCUSE ME, I AM SICK. MY ADDRESS IS 695 OSTEEN-MAYTOWN ROAD. GOOD MORNING, COUNCIL MEMBERS. I WOULD LIKE TO THANK AGAIN COUNCIL MEMBER JOSHUA WAGNER FOR BEING THE ONLY ONE TO REPLY TO MY HUSBAND'S EMAIL FOR CONCERNS REGARDING THIS. IT MEAN AS LOT THAT YOU TOOK FIVE MINUTES OF YOUR TIME TO CONTACT US BACK. I WAS BORN AND RAISED HERE ON THIS LAND. MY MOTHER RETIRE FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION WITH 35 YEARS EXPERIENCE. I AM NOW USING HER EXPERIENCE AND ACCESS TO HER CONTACT DEPARTMENTS AVAILABLE TO ME. SO FAR IN THE LAST 24 HOURS I HAVE SPOKE ON THE THREE OFFICIALS FROM RIGHT OF WAY, SURVEYING AND MAPPING AND TRAFFIC OPERATIONS. NONE OF THOSE KNOWLEDGEABLE OFFICIALS COULD FIND ANY EVIDENCE USING THE STATE FLORIDA MAP RESOURCES TO PROVE THE MURPHY DEED RESOURCES WAS PART OF THE MURPHY ACT OF 1947. ACCORDING TO THE ACT, IT WAS SUPPOSED TO BE USED FOR FUTURE ROAD WIDENING. A REACTION TRAIL IS NOT A VALID ARGUMENT FOR THE WIDENING. UNFORTUNATELY WE RECEIVED A NONCERTIFIED LETTER IN THE MAIL ON SATURDAY. THIS ONLY GAVE US THREE BUSINESS DAYS TO RETAIN AN ATTORNEY AND DO RESEARCH ON THIS MATTER. CLEARLY WE DID NOT GET

ENOUGH NOTICE TO HAVE PROPER LEGAL COUNCIL AVAILABLE FOR US TODAY. IT IS OUR RIGHT TO HAVE AN ATTORNEY REPRESENT US IN THIS MATTER. MY HOPE IS THAT EACH OF YOU WILL WANT TO TAKE THE TIME TO RESEARCH AND EDUCATE YOURSELVES BEFORE MAKING THIS DECISION THAT WILL INFLUENCE MANY FAMILIES, FARMS AND CHURCHES ALONG OUR BEAUTIFUL, SCENIC ROADWAY. ON A SIDE NOTE, I DID STOP BY ONE OF THE CHURCHES AND DID NOT EVEN KNOW THIS MEETING WAS GOING ON TODAY AND THEY IT IS VERY CLOSE TO THE ROADWAY, AS WELL. I GAVE HIM A COPY OF MY LETTER AND URGED HIS PARISHIONERS TO TALK TO YOU TODAY OR CONTACT YOU GUYS. I DO WANT TO THANK YOU FOR YOUR TIME AND URGE YOU AGAIN, PLEASE DO YOUR RESEARCH BEFORE MAKING THIS VERY SERIOUS DECISION THAT AFFECTS MANY LIVES. THANK YOU.

THANK YOU, MA'AM. MISS CHERYL MONCHE. AM I EVEN CLOSE?

MADGE.

IT IS PRONOUNCED M-O-N-C-H-E. YOU ARE CORRECT.

I NEED YOUR NAME AND ADDRESS. YOU HAVE THREE MINUTES.

FIRST I WAS ASKED BY THE COURT TO GIVE YOU TO YOU PRIOR TO STARTING THIS.

YOU HAVE TO GIVE IT TO THE CLERK.

CORRECT. OKAY. I NEED HER TO PUT THIS UP ON A SLIDE FOR YOU TO REVIEW. I HAVE A LOT OF MATERIAL TO COVER SO I HAVE TO MOVE QUICKLY.

THAT I MEAN AND ADDRESS?

445 SOUTH STATE ROAD, 415 OSTEEN.

MAYTOWN ROAD WAS NOT A STATE OR COUNTY ROAD -- .

ONE MOMENT.

I NEED THE TIMER TO START. TRYING TO BE FAIR WITH EVERYBODY.

I GOT YOU.

BARE WITH HER ONE MOMENT.

GO!

OKAY. MAYTOWN ROAD WAS NOT A STATE OR COUNTY ROAD ACCORDING TO THREE OFFICIALS FROM THE D.O.T. RIGHT-OF-WAYS SURVEY AND TRAFFIC OPERATION. THEY CANNOT FIND EVIDENCE AT THIS TIME THIS WAS STATE LAND PRIOR TO THE 1937 MURPHY ACT, MANDATORY ON PAGE 3, ITEM 4B ON THIS. WHAT I PRESENTED TO YOU IS BILL CH603, THE MURPHY ACT LANDS ROAD EASEMENTS, CAMPAIGN I DON'T KNOW BILL SB144 ORIGINATING FROM THE COMMITTEE FOR TRANSPORTATION REAL PROPERTY AND PROBATE AND TRANSPORTATION AND ECONOMIC DEVELOPMENT FROM 1999 IN OUR STATE LAW. ACCORDING TO THE 2009 FLORIDA BAR JOURNAL WHICH IS OTHER GENTLEMEN READ OFF, HE FAILED TO

MENTION THAT THERE ARE QUOTE NO DEFINITIVE LISTS OF VALID MURPHY DEED RESERVATIONS EXIST AND NO EFFORT WAS MADE TO SPECIFICALLY IDENTIFY THE LOCATION OF MURPHY DEEDED LAND. IT GOES ON. THAT COVERS THE POINT OF IT. AS A REAL ESTATE TITLE RESEARCHER THAT DID THE CITY WIDE SEARCH FROM THE CIVIL WAR ERA, I CAN TESTIFY IT IS NEARLY IMPOSSIBLE TO PINPOINT EXACT SURVEYED LINES WITH MUDDLED LANGUAGE DESCRIBING VAST AMOUNTS OF PROPERTY BACK IN 1937. IT WILL TAKE A TEAM OF RESEARCHERS MONTHS TO UNCOVER ORIGINAL PARCELS CURRENTLY SUBDIVIDED AND GIVEN APPROVAL FROM COUNTY BUILDING DEPARTMENTS TO BUILD HOME ON LAND THAT SUPPOSELY HAD THE EASEMENT BUS THE MURPHY LANGUAGE BUT ABSENT WHEN THESE BUILDING PERMITS WERE ISSUED. ON PAGE ONE OF THAT DOCUMENT THE EASEMENT -- IT STATES IT CANNOT DENY THE OWNER CONTAINING THE EASEMENT THE CURRENT USE OF PROPERTY DECKS FINED THE USE OF THE PROPERTY ON THE DATE NOTICE OF EASEMENT, OR ON THE DATE THE PROPERTY OWNER APPLIES FOR THE RELEASE OF NOTICE HAS NOT BEEN RECEIVED. IN OTHER WORDS, THESE PROPERTY OWNERS AFTER LEAVING THIS MEET WILLING BE APPLIED TO THE STATE FOR RELEASE AFTER THIS MEETING SINCE THE STATE CURRENTLY OWN THIS IS LAND. THAT IS WHY THERE WAS NO CONTENTION WITH WEATHER THE COUNTY CONTACTED THE FLORIDA STA -- WHEN THE COUNTY CONTACTED THE FLORIDA STATE BECAUSE WE DID NOT KNOW ABOUT IT THREE DAYS AGO. 2019 IS REQUIRED ON PAGE 3 OF THE AMENDMENT FOR THE PROPER PROTOCOL AND PROCESS PROCEDURE THAT IS IT GIVES RIGHTS FOR HOMEOWNERS AND COUNTY MEMBERS FOR MEDIATION AND EVENTUALLY BINDING ARBITRATION IF A RESOLUTION CANNOT BE MADE ON THIS. PROPER PROCESS AND PROCEDURE WAS NOT APPLIED. NOW, THERE IS A MAP -- CAN YOU PLEASE SHOW THE MAPS. WHAT HE SHOWED YOU DID NOT SHOW THE FULL PICTURE. THEY CAN TAKE THIS IF THEY FEEL LIKE IT AND IT CUTS THROUGH PEOPLE'S PROPERTIES AND THROUGH THE FRONT DOORSTEP.

YOUR TIME HAS EXPIRED. I NEED YOU TO FINISH UP REALLY QUICK.

OKAY. WE WERE NOT GIVEN PROPER NOTICE. IT WAS REQUIRED 30 DAY NOTICE. WE ARE ASKING FOR YOU TO COMPLETELY REMOVE THIS FROM ANY TYPE OF CONSIDERATION. AND IF NOT WE HAVE ATTORNEYS THAT WILL BE WILLING TO HELP US. WE DO NOT HAVE TIME TO MAKE IT HERE TODAY. THANK YOU.

OKAY. THE MAN IN QUESTION. MARC DAVIS. WE ARE STILL NOT RELATED. HE HAZARD HAIR. I DON'T!

FIRST, I WOULD LIKE TO THANK THE CHAIR AND ALL THE COUNCILMAN FOR LETTING ME BE HERE.

NAME AND ADDRESS?

MARC DAVIS, 62 OSTEEN-MAYTOWN ROAD. I AM EMPLOYED BY A LARGE ENGINEERS, SURVEYING, PLANNING AND ENVIRONMENT COMPANY FOR OVER 16 YEARS. I REMEMBER STANDING HERE NOT SO LONG AGO DEFENDING THE LITTLE GUY. THE PEOPLE OF OSTEEN TEAMED UP WITH THIS COUNCIL BECAUSE DELTONA WAS MUSCLING THEM. WE TEAMED UP AND WE NEED TO AGAIN. A FEW MONTHS AGO I WAS ASKED TO SUPPORT THE LITTLE GUY AGAIN. WE WENT OVER -- I AM SURE YOU KNOW HIM. I STOOD IN A PACKED HOLLY HIMS CITY HALL AND WE -- HILLS CITY HALL AND WE STOOD UP FOR OUR RIGHTS. AND IT IS WORKING FOR THE LITTLE GUY. I RECENTLY ROAD A POLICE ESCORT VETERAN RIDE WHICH WE ROAD THROUGH THE COURTHOUSE STEPS. THERE DAVIS WAS THERE. I LISTENED TO YOUR SPEECH AND SUPPORTED YOU 100%. I HOPE YOU SUPPORT THAT IN YOUR WORDS

AND SUPPORT US. I BOUGHT THIS PROPERTY IN OSTEEN SO ONE DAY I COULD BUILD A DREAM HOME AND RAISE MY FAMILY. AFTER PAYING TAXES AND MAINTAINING IT FOR YEARS, I WAS TOLD BY THE RAILROAD COMPANY I COULD NOT BUILD ON IT, EVEN THOUGH THE RAILROAD NEVER PAID ONE OUNCE IN TAXES OR PAID ONE PENNY ON IT, THEY SAID I COULD NOT DO IT. AFTER SPENDING OVER $40,000 OF MY OWN MONEY AND HUNDREDS OF HOURS OF RESEARCH, I OWN IT. I BUILT MY HOUSE THERE. THEY ARE WRONG. THIS GENTLEMEN, ON THE INFORMATION HE PRESENTED TO YOU IS WRONG, TO. YOU NEED TO -- .

SIR -- .

SORRY. YOU HAVE TO BE COURTEOUS.

OKAY. BUT NOW I FOUND OUT THE COUNTY FOUND THIS LITTLE LOOPHOLE, THE LANDOWNERS PAID THE TAXES AND THE COUNTY HAS THIS AS A SMOKE SCREEN. IT IS CALL 2-DOOR MURPHY'S RESERVATION IN. RESEARCH 80% OF ALL PUBLIC LAND IN FLORIDA FELL UNDER THIS. IT CLEAR STATES THERE IS NO ACCURATE RECORDKEEPING AND AFTER YEARS OF RESEARCH THEY COULD NOT TELL WHICH PROPERTIES WERE AFFECTED. WHAT IS CLEAR, MURPHY RESERVATION WAS PUT INTO PLACE FOR FUTURE NEEDS OFFENSE STATE ROADS AND HIGHWAYS FOR PUBLIC TRANSPORTATION AND COMMERCE, NOT A BICYCLE TRAIL, NOT A REACTION BICYCLE TRAIL. IT WASN'T WRITTEN NOTHING FOR THAT. LAST BUT NOT LEAST, THE COUNTY HAS HAD MONTHS, MAYBE YEARS, TO PREPARE FOR THIS MEETING. MOST OF US HAVE LESS THAN FOUR DAYS. IT IS FUNNY. THEY DON'T EVEN SEND IT CERTIFIED. THEY SEND IT IN A ENVELOPE. THEY ARE HOPING PEOPLE WOULD NOT SHOW UP, RECEIVE IT AND BE HERE AT THIS MEETING, BUT WE ARE. IT DID WORK. EVEN THOUGH WE TALKED TO THE PEOPLE INVOLVED, WHICH 100% OF US DO NOT WITHIN THE WANT THIS TO GO ANY FURTHER THAN THIS. YOU NEED TO END IT NOW. MANY OF US COULD NOT TAKE OFF WORK, OR ARE OUT OF THE STATE. BUT ONE THING I AM SURE, VOLUSIA COUNTY VIOLATED MY LEGAL RIGHTS TO NOT HAVE GIVEN ME TIME TO HAVE MY ATTORNEY HERE, WHICH WE WILL GROUP UP AND WE WILL PURSUE THIS, BUT IT IS -- THERE IS NO THING ON IT. THE MURPHY LAW DOES NOT AFFECT US BECAUSE IT WAS NOT A STATE ROAD BACK IN 1937. THEY ARE SAYING '42. THE LAW SAYS PRIOR TO 1937.

THANK YOU, MR. DAVIS.

THANK YOU.

ALL RIGHT, AND DON CREW HASN'T.

THANK YOU FOR THE OPPORTUNITY.

DON CASSEAU. I LIVE AT 7017 OSTEEN ROAD. I HAVE A LIFE ISSUE. I TOOK PRIDE OF MOVING OUT TO OSTEEN AND VOLUSIA COUNTY SEVERAL YEARS AGO BECAUSE OF THE LIFESTYLE I WANTED TO EXPERIENCE OUT THERE. IT IS A RURAL REQUIREMENT. I HAVE BEEN INVOLVED IN LAW ENFORCEMENT FOR 16 YEARS NOW. DURING THAT TIME PART OF MY DUARTE DUTY TO THE NOLES ENFORCE LAWS AND ORDINANCES FOR -- PART OF MY DUTY WAS TO ENFORCE LAWS AND ORDINANCES FOR CITIZENS OF THE PROPERTIES. I HAVE PERSONALLY ASSISTED AND RESPONDED TO CALLS TO CRIMES THAT WERE COMMITTED ON THE TRAILS OR THE TRAILS WERE INVOLVED IN THE USE. SUCH AS LEWD AND LASCIVIOUS BATTERY, ASSAULT, OR THEY USE IT AS A GET AWAY. I CANNOT EXPLAIN THIS

PERSON'S STATEMENT BUT I WOULD CONSIDER THAT POOR PLANNING AND RESEARCH IS TO BLAME THERE. ARE ISSUES WITH CERTAIN COMPUTER PROGRAMS WE USE. YOU CAN'T REFERENCE A TRAILWAY. IT ONLY CAN USE A CONFIRMED ADDRESS. SO THERE IS NOT GOING TO BE ANYTHING THERE. AS FAR AS PLANNING GOES, THERE HAVE BEEN NUMEROUS PROPOSAL ROUTES. ONE WHICH WAS AROUND MY PROPERTY. THEY WERE WANTING TO PURCHASE A STRIP AROUND THERE. THEY DID ALL THESE EXPENDITURES FOR THESE SURVEYS AND ALL WITHOUT EVEN CONTACTING ME TO SEE IF THAT WAS A VIABLE OPTION. I AM ONE OF THE LAST ONES THEY SHOWED ON THE MAP UP THERE. THAT WOULD BE A HUGE WASTE OF FUNDS WITHOUT EVEN ASKING ANYBODY. I WAS TOLD IT WOULD GO THROUGH NO MATTER WHAT. SORRY. I AM TRYING TO FIND MY SPOT. I HAVE MESSY HANDWRITING. THIS TRAIL IS SUPPOSED TO BE A REACTIONAL TRAIL, BUT BEING IT IS AN EXTREMELY RURAL AREAS, ANOTHER FAULT OF PLANNING, THERE ARE NO HORSEWAY PATHWAYS INCLUDED IN THIS. MANY PEOPLE INCLUDING MYSELF OUT THERE HAVE HORSE ON THE PROPERTY. IF THERE WAS TO BE THERE TO HELP US OUT, IT WOULD BE A HORSE PATHWAY. IT WILL BE PAVED AND YOU REALLY DON'T WANT TO RIDE YOUR HORSE ON A PAVED SECTION. BACK TO THE MURPHY DEED, I DON'T BELIEVE THERE IS VALIDITY. WE HAVE SEEN NO DOCUMENTATION PRESENTED TO US. WE GOT THIS IN THE MAIL JUST A FEW DAYS AGO. I DON'T BELIEVE ANY ASPECT OF THIS TRAIL IS REASONABLE OR LEGAL AND WITH ONLY A FEW DAYS FOR THIS HEARING I WAS UNABLE TO GET A ATTORNEY AND PREPARE AND DO RESEARCH ON THIS. THE ONLY RESOLUTION IS A NO REQUEST BY STAFF. THANK YOU VERY MUCH.

THANK YOU VERY MUCH, SIR. IS THERE ANY OTHER CITIZEN PARTICIPATION? GOING ONCE, GOING TWICE. I DO SEE A GENTLEMEN OVER THERE. COULD SOMEBODY HELP THAT YOUNG MAN OVER HERE, PLEASE. DID YOU FILL OUT A -- .

NO, SIR, I DIDN'T.

OKAY. I CAN UNDERSTAND. SOMEBODY ESCORT THAT YOUNG MAN OVER HERE, PLEASE. SOMEBODY WILL HAVE TO FILL IT OUT FOR YOU. THERE ARE TWO MICROPHONES IN FRONT OF YOU. WE NEED YOUR NAME AND ADDRESS.

MY NAME IS LARRY DAVIS. I LIVE AT 607 OSTEEN-MAYTOWN ROAD.

MR. DAVIS. YOU HAVE THREE MINUTES.

THANK YOU. WHEN MR. DAVIS CAME TO ME CONCERNING THIS PROBLEM HERE, I LIVE BETWEEN THE RAILROAD BED AND -- I DON'T KNOW WHERE I LIVE AT NOW SINCE ALL THIS CAME UP. BUT ANYWAY I HAVE BEEN IN OSTEEN 60 YEARS. I HAVE NEVER KNOWN OSTEEN-MAYTOWN ROAD TO BE LISTED AS A STATE ROAD. IT CONNECTS TO STATE ROADS, 415 AND U.S. 1, BUT IT HAS ALWAYS BEEN A COUNTY ROAD BEFORE THAT. BACK IN THE 40s IT WAS JUST A COW PATH, OKAY? SO NOW THEY ARE SAYING THEY COME TO FIND OUT THIS STATE ROAD IT IS NOT. AS FAR AS THE RIGHT-OF-WAY THEY WANT TO TAKE, I NOTICE THEY STARTED IN MR. DAVIS' HOUSE, BUT THEN IT STARTS UP THERE BEFORE THAT AT MY HOME BECAUSE I AM AT 607 AND HE IS AT 629 RIGHT DOWN THE STREET. IT LOOKS LIKE THEY ARE TRYING TO TAKE AN ACRE OF LAND THAT I PAID TAXES ON FOR 30 YEARS AND MY FAMILY PAID ON BEFORE THAT FOR ANOTHER 40 YEARS. IT WOULD BEHOOVETOUS FIGHT THIS THING FOR THE -- BEHOOVE US TO FIGHT THISSENING FOR THE RIGHTS OF THE PEOPLE. IT LOOKS LIKE IF THE -- FIGHT THIS THING FOR THE RIGHTS OF THE PEOPLE. THOSE THAT HAVE

WILDLIFE AND PROPERTY VALUE AND STUFF. SO I REQUESTED THAT YOU WOULD DENY THIS MOTION FOR THE STATE TO GO INTO DEBT AND WHAT I WAS CALLED JUST TAKE THE PROPERTY. THANK YOU.

THANK YOU. ALL RIGHT. ANY OTHER PUBLIC PARTICIPATION? AT THIS POINT WE WILL CLOSE PUBLIC PARTICIPATION THEN. THE COUNTY DEPUTY MANAGER ATTORNEY PLEASE GO AHEAD.

THANK YOU MR. CHAIR. FIRST, IT SEEMS LIKE WE HAVE SEVERAL ISSUES HERE. ONE IS THE DISAGREEMENT WITH THE TRAIL AS A WHOLE. REGARDLESS OF WHETHER OR NOT YOU REQUEST THIS MURPHY RESERVATION, THERE IS A SUBSTANTIAL AMOUNT OF LAND ALREADY PURCHASED BY THE STATE.

MA'AM, IF I MAY.

YES, SIR?

I DID NOT SEE ON THE AGENDA ITEM ANYTHING AS FAR AS -- .

THE FOLKS THAT SPOKE WERE SAYING THEY DON'T WANT THE TRAIL TO GO IN BY THEIR HOMES.

RIGHT. BUT THE ISSUE AT HAND IS THE MURPHY BILL.

YES. THAT IS WHAT I AM TRYING TO EXPLAIN, THAT WE WENT VERY CAREFULLY OVER THAT RAILROAD RIGHT OF WAY THAT HAS ALREADY BEEN PURCHASED AND IT CAN GO IN THE RAILROAD RIGHT OF WAY. INSTEAD THE COUNTY IS CHOOSING TO MOVE IT UP AGAINST MAYTOWN ROAD. THERE ARE TWO GAPS IN THE EVENT THAT IT IS NOT MOVED UP INTO THIS MURPHY RIGHT OF WAY AND THE TRAIL STAYS IN THE RAIL BED AS MR. BURIES TEN SHOWED TO YOU -- BRITTON SHOWED TO YOU. BUT OTHER THAN THAT THE TRAIL IS GOING IN THE RAIL BED. SO, INSTEAD THIS IS ROUTING UP INTO THE MURPHY RESERVATION. WE DON'T TAKE THIS STUFF LIGHTLY. WE DO THE RESEARCH. LAWS OF FLORIDA CHAPTER 20280 FROM 1939 DESIGNATED THE STATE HIGHWAYS IN THE STATE -- IN VOLUSIA COUNTY. ONE OF THOSE STATE HIGHWAYS DESIGNATED WAS OSTEEN-MAYTOWN ROAD, BEGINNING AT THE TOWN OF OSTEEN IN SECTION 18, TOWNSHIP 19 SOUTH WIND 32 EAST AND THERE WAS A FULL LEGAL DESCRIPTION RUNNING IT ACROSS THE COUNTY TO THE OTHER SIDE THROUGH ALL THE TOWN CHIPS TO THE EAST SIDE OF THE COUNTY. THE MAPS INDICATE THAT THE ROAD EXISTED AT THE TIME THE LEGISLATURE PASSED THIS LAW. WE ARE ASKING THE STATE OF FLORIDA THAT IF THERE IS A VALID MURPHY RESERVATION AND WE HAVE THE DEED RESERVING THE ROAD IN THESE TOWNSHIPS GOING ACROSS THE COUNTY FROM THE TOWN OF OSTEEN, WHICH AT THE TIME EXISTED ALL THE WAY OVER, IF IT IS STILL A VALID RESERVATION THE COUNTY WOULD LIKE THAT PORTION OF IT TO BUILD THE TRAIL. THAT WOULD ALLOW THE COUNTY TO ROUTE UP A WAY THAT BEGINS WHAT IS NOW THE EXISTING RIGHT OF WAY. IF IT IS NOT A VALID RESERVATION, THE DIVISION OF LANDS, THE TRUSTEES WILL TELL US KNOW. IF WE DON'T NEED THE REMAINDER OF THE RESERVATION, WE WILL DO WHAT WE DID WITH ORANGE CAMP ROAD AND REQUEST THAT THEY RELEASE IT TO THE PROPERTY OWNERS. AND WHILE I APPRECIATE THE CITIZENS' STATEMENTS, I RESPECTFULLY DISAGREE. THE RIGHT OF WAY MAY BE PUT TO ANY LAWFUL USE THAT THE STATE RIGHT OF WAY MAY BE PUT AND THE STATE RIGHT-OF-WAYS ARE REGULARLY USED FOR BIKE PATHS. IT IS A MODE OF TRANSPORTATION. I HAVE RESEARCHED THE LAW. LIKE I SAID, WE DO NOT TAKE THIS LIGHTLY. I THINK IT TOOK ME A GOOD TWO OR

THREE WEEKS TO RESPOND TO MR. BRITTON AND I DID A LOT OF WORK BEFORE I RESPONDED TO HIM THAT THIS WAS A VALID REQUEST. IT IS WITHIN YOUR DISCRETION TO MAKE THE REQUEST, BUT IF YOU DO NOT DO SO, THEN THE TRAIL WILL BE REROUTED FURTHER SOUTH INTO THE RAILROAD BED AND WE WILL HAVE TO PROCEED WITH CONDEMNATION ON TWO OF THE PROPERTIES TO FINISH THE TRAIL.

OKAY. MISS CUSACK.

THANK YOU, MR. CHAIR. CAN SOMEONE TELL ME HOW URGENT IT IS THAT WE HAVE THE THIS DONE TODAY?

MR. BRITTON.

THAT IS A GOOD QUESTION. I WOULD LIKE THAT ANSWERED, TOO.

YES, I AM THE COUNTY CHAIR. I WOULD SAY IF IT -- THE DIFFERENCE BETWEEN TODAY AND TWO WEEKS FROM NOW, PROBABLY IT WOULD NOT MAKE A DIFFERENCE, BUT WE ARE RUNNING UP AGAINST A DEADLINE OF THE STATE GRANT, THE STATE REGIONAL RAIL-TRAIL GRANT, A $250,000 GRANT THAT EXPIRES IN JANUARY. THIS COMING JANUARY, AND WE WILL BE REQUESTING -- WE HAVE TO REQUEST BY NOVEMBER 1st IN A THIRD EXTENSION NOW. THEY WILL NOT GIVE ANOTHER EXTENSION, SO THAT PUTS US INTO JANUARY OF 2015 WHICH IS JUST LIGHTLY OVER A YEAR FROM NOW, AND THIS PROJECT IS A 12 MONTH CONSTRUCTION JOB, SO WE ARE UP AGAINST A DEADLINE, BUT IF THE COUNCIL'S DISCRETION IS TWO WEEKS, I CAN'T SAY THAT THAT WILL MAKE A DIFFERENCE, BUT EVERY MOMENT -- I MEAN RIGHT NOW WE ARE UP AGAINST THE GUN BECAUSE IF WE MOVE -- WE STILL HAVE THE BIDDING PROCESS -- COMPETITIVE BID OUT ON THE STREET, SO WE WANT EVEN IN THE BEST SCENARIO -- WE WON'T BE GETTING CONSTRUCTION UNTIL THE END OF JANUARY. SO, IT IS AN EXTREMELY TIGHT DATE AND TIMEFRAME, BUT I CAN'T STAND BEFORE YOU AND TELL YOU TWO WEEKS WILL MAKE A DIFFERENCE. I DON'T KNOW HOW LONG EVEN THE STATE WILL TAKE IN MAKING THEIR DETERMINATION. SO.

MY CONCERN IS THAT WE HAVE HEARD FROM TESTIMONY TODAY THEY DON'T FEEL THEY HAVE HAD AMPLE TIME TO PREPARE FOR THIS HAVING HAD ONLY FOUR DAYS. I AM RELUCTANT TO PASS SOMETHING THAT IS BEING OBJECTED TO BY THE CITIZENS WHO FEEL THAT THEY WILL BE IMPACTED BY THIS WITHOUT GIVING THEM AMPLE OR SUFFICIENT TIME TO HAVE A DEFENSE PREPARED FOR THIS. SO, I WOULD SAY THAT FOR ME IT WOULD BE IMPORTANT THAT WE SLOW THIS TRAIL DOWN AND SEE WHERE WE CAN GO TO MAKE SURE THAT EVERY PERSON HAS HAD AN OPPORTUNITY TO HAVE A LEGAL DEFENSE TO SPEAK IN THEIR BEHALF. IF TWO WEEKS -- AND I AM NOT CERTAIN HOW THAT TWO WEEKS IS ETCHED IN STONE, IT HAS TO BEEN ONLY TWO WEEKS, OR ANY TIMELY MANNER, I THINK I WOULD LIKE TO HAVE THAT ADDRESSED IN A MANNER TO GIVE THE CITIZENS OF THE AREA TO HAVE MORE INPUT AND COUNCIL AND THEY DON'T FEEL THEY HAVE BEEN GIVEN THAT SUFFICIENT TIME TO DO THAT. BASED ON THEIR NOTICE WHICH WAS JUST FOUR DAYS, WHICH IS PRETTY QUICK. AND IS IT NOT CUSTOM AREA THAT YOU SEND THESE NOTICES NORMALLY CERTIFIED.

NO, MA'AM. MOST OF THE TIME WE SEND THESE BY U.S. MAIL.

SO, THAT WAS NOT UNUSUAL THAT THEY RECEIVED THAT BY U.S. MAIL? I HAVE CONCERN. I HAVE CONCERN THAT THE CITIZENS DID NOT HAVE AMPLE TIME TO PREPARE.

ARE YOU MAKING MOTION?

I WOULD LIKE TO HEAR WHAT MY COLLEAGUES HAVE TO SAY BUT I WOULD BE GLAD TO COME BACK TO THAT.

VERY WELL, MR. WAGNER.

I WILL GO AHEAD AND MAKE THE MOTION MOTION FOR TWO WEEKS. I THINK THAT MAKES SENSE. I HAVE CONCERNS WHEN SOMEONE SAYS THEY HAVE NOT HAD ENOUGH TIME. I DON'T WANT THAT TO BE AN ISSUE OR SEEM LIKE WE ARE PUSHING IT. TWO WEEKS IS FINE.

OKAY. MR. WAGNER MADE THE MOTION FOR TWO WEEKS POSTPONEMENT.

I WANT TO HEAR WHAT THE OTHER MEMBERS HAD TO SAY BEFORE WE -- THAT IS WHERE I AM. SO, IF HE WANTS TO MAKE IT, I WILL SECOND IT THEN.

HE DID MAKE IT SO YOU ARE SECONDED.

OKAY. WE HAVE A MOTION TO POSTPONE THIS ISSUE FOR TWO WEEKS. I GUESS WE WILL GET IT ON THE NEXT AGENDA. VERY WELL. MR. PATTERSON?

WELL, I WON'T BE HERE THEN BECAUSE I WILL BE LEAVING ON VACATION TOMORROW. I WILL BE BACK NOVEMBER 11th SO I WON'T BE HERE TO TAKE IT UP. I UNDERSTAND ALL WE ARE VOTING ON IS A RESOLUTION TO GO TO TALLAHASSEE. IT IS NOT LIKE IT IS A DONE DEAL AT THAT POINT, CORRECT?

ACCORDING TO THIS, IT WOULD BE A DONE DEAL?

NO. THE STATE OF FLORIDA HAS TO DETERMINE WHETHER OUR ANALYSIS IS CORRECT AND WHETHER THEY HAVE A VALID RESERVATION AND IF THEY DO THE STATE OF FLORIDA DETERMINES WHETHER OR NOT THEY WILL RELEASE IT TO US. WE ARE SIMPLY MAKING THE REQUEST.

SO, IT WILL BE THAT THE D.O.T. OR THE LEGISLATURE WILL MAKE THE DECISION?

IT IS ACTUALLY THE DIVISION OF STATE LANDS DELEGATED THE RESPONSIBILITY BY IN GOVERNING CABINET.

AND IF THEY WERE TO TURN IT DOWN AND SAY YOU CAN'T USE THE MURPHY, THEN WE WILL BE GOING TO THE BACKYARD OF THESE PEOPLE'S PROPERTIES.

WE WILL BE GOING THROUGH THE RAILROAD RIGHT OF WAY THAT THE STATE OF FLORIDA OWNS AND THAT IS RELEASED TO THE COUNTY AND IN THE TWO INSTANCES WHERE THERE IS NO OWNERSHIP WE WOULD GO INTO CONDEMNATION AND OBTAIN THE RIGHT TO BE ABLE TO FINISH IT UP.

MORE THAN LIKELY WHAT WE WOULD RECOMMEND TO YOU IS THAT IN THE MURPHY DEED IS NOT UPHELD BY THE STATE OF FLORIDA, THEY DON'T RELEASE IT,

WE WOULD RECOMMEND TO YOU THAT WE ACQUIRE PROPERTY BY NEGOTIATION OF CONDEMNATION UNFORTUNATELY, BUT THE SAME ALIGNMENT WE ARE SHOWING IN THE AREAS WHERE WE DON'T HAVE THE RAILROAD RIGHT OF WAY. WE WOULD GO UP ON THE ROADWAY, THEN PURCHASE ADDITIONAL PROPERTY TO SWING DOWN TO GET INTO THE PINK, THEN GO BACK UP TO THE ROAD ALONG -- BECAUSE THAT IS THE LEAST DISRUPTIVE, THEN COME BACK TO THE PINK AGAIN.

I AM TRYING TO KEEP THIS SIMPLE HERE. SO, THE RESOLUTION WOULD GO AND THE STATE WOULD NOT DETERMINE -- IF THE STATE CAME BACK AND SAID NO, WE COULD THEN JUST GO TO THE RAILROAD AND USE THE PROPERTY ON THE BACK OF THIS AND WE WOULD DO THAT BY CONDEMNATION OR BY -- .

NO. WE WOULD ALREADY HAVE THAT RAILROAD ACCESS.

YES » IF WE DID THE MURPHY PART OF IT, THE PIECE BEHIND THEM THAT IS THE RAILROAD, WOULD WE GIVE THAT TO THE PROPERTY OWN CENTER.

WE DON'T OWN IT. THE STATE OF FLORIDA DOES.

SO THE STATE WOULD HAVE TO GIVE THAT LAND UP IF THAT WAS THE CASE. BUT WE -- IT SOUNDS LIKE GLENWOOD ALL OVER AGAIN HERE. IT IS INTERESTING. IF I OWNED THIS PROPERTY I WOULD BE OVER AT THE TITLE COMPANY RIGHT NOW RAISING HELL WITH THEM. I THINK IF ALL WE ARE SENDING FORWARD IS A RESOLUTION TO DETERMINE THIS, I THINK IT COULD BE IN THE INTEREST OF ALL THESE PEOPLE OUT THERE TO FIND OUT -- BECAUSE THE LEGISLATURE OR TALLAHASSEE WILL DO A LOT MORE WITH THE SAME RESOURCES WE DID TO DETERMINE IF THIS IS VALID. IF I WAS A LANDOWNER I WOULD WANT TO KNOW THAT. I WOULD LIKE TO SEE THIS RESOLUTION GO FORWARD RATHER THAN HAVING TO WORRY ABOUT IT BEING IN MY OWN BACKYARD WHERE WE COULD GO, SO, I WOULD SUPPORT A MOTION -- OF COURSE, YOU ALREADY GOT A MOTION, AND I AM NOT GOING TO SUPPORT THIS MOTION, BECAUSE I THINK IT SHOULD GO FORWARD TO DETERMINE THIS. THIS IS SOMETHING THAT SHOULD BE DETERMINED SO EVERYBODY KNOWS WHERE THEY STAND. NOT ONLY THE COUNTY BUT LANDOWNERS OUT THERE.

CO-WORKER TO THE RESOLUTION, NOW THEREFORE IT BE RESOLVED BY THE COUNTY COUNCIL, US, VOLUSIA COUNTY COUNCIL HEREBY REQUESTS THE FLORIDA DEPARTMENT ENVIRONMENT FROM YOUR RECOLLECTION DIVISION LAND MANAGEMENT TO TRANSFER THE ROAD RESERVATIONS TO THE COUNTY OPHIOLOGIES FOR VALID AND DESCRIBED PROPERTY AS RESERVED BY THE STATE OF FLORIDA ASSET FORTH IN MURPHY DEED 954 AS RECORDED. SO, IN THE EVENT I GUESS THE INTERESTING QUESTION IS IF THE STATE OF FLORIDA -- THE DEPARTMENT SAYS, YES, THE MURPHY DEED IS DONE, HERE YOU GO. IT COULD BE A DONE DEAL IN TWO SECONDS. CORRECT?

THAT WOULD ANSWER THE QUESTION.

OKAY.

MR. DANIELS?

SO, THE RIGHT TO DETERMINE IS ON THE STATE OF FLORIDA. IT IS NOT ON US. WE DON'T HAVE THAT RIGHT. SO IN THIS EVENT THAT LANDOWNERS WANTED TO LAWYER UP, THE PLACE THEY WOULD DO THAT IS IN IS STATE OF FLORIDA,

NOT UNDER HERE. IT SEEMS UNDER THAT SCENARIO THEY WOULD NOT BE PREJUDICE BY THE NOTICE, THE NOTICE PROVISION. LET ME ASK YOU THIS. ARE WE ONLY GOING TO SEEK RELEASE FOR THE PORTION WE NEED FOR THE TRAIL.

WE ONLY SEEK RELEASE FOR THE PORTION WE WILL UTILIZE AND ALLOW THE REMAINDER TO BE RELEASED TO THE PROPERTY OWNERS.

DO WE HELP THE PROPERTY HAVE THE REST OF IT RELEASED TO THE PROPERTY OWNER?

YES. MR. DANIELS, ON THE EXAMPLE THAT MISS SEAMAN SAID ON ORANGE CAMP ROAD, WE ASSISTED THEM IN SUPPORTING THE RELEASE BECAUSE THEY ARE -- THEY WILL TYPICALLY ASK DO YOU NEED THE REMAINDER OF IT AND WE WILL WORK WITH THE PROPERTY OWNER TO FILL OUT THE PROPER PAPERWORK AND THAT SORT OF THING SO THEY GET THE REMAINDER OF IT, BECAUSE A GOOD BIT OF IT WOULD STILL EXIST TO THE SOUTH AND IT WOULD BE AN ENCUMBRANCE ON THEIR TITLE, SO WE WOULD WORK WITH EACH ONE OF THEM TO SEEK RELEASE THROUGH THE STATE.

SO, WHAT WOULD HAPPEN IS WITHOUT THEM HAVING TO SPEND ANY MONEY, THEY WOULD BE ABLE TO GET THIS TITLE PROBLEM CLEARED UP AND IT WOULD WILL CLEARED UP AT OUR EXPENSE AND NOT THEIRS?

THAT IS CORRECT.

THE -- .

I WON'T BE SUPPORTING THE MOTION. I THINK WE SHOULD GO AHEAD AND GO TO IS STATE OF FLORIDA AND LET THEM MAKE THE DETERMINATION TO SUPPORT THE PROPERTY OWNERS IN GETTING THE REMAINDER OF THEIR LAND RELEASED.

THANK YOU.

THE MOTION IS ACTUALLY TO FORWARD THIS ONTO THE NEXT COUNCIL MEETING.

I WILL NOT BE SUPPORTING THAT MOTION.

OKAY. I JUST WANTED TO CLARIFY.

I HAVE A QUESTION FOR EVERYBODY, ESPECIALLY THE CITIZENS HERE TALKING ABOUT THIS. EXACTLY HOW MANY FEET DO YOU NEED FOR THIS TRAIL? HOW WIDE IS THE TRAIL? THE SUB GROUND, WHATEVER ELSE YOU ENGINEERS TALK ABOUT?

IT RANGES FROM 20 FEET TO 34 FEET ROUGHLY TO IS SOUTH OF THE EXISTING RIGHT OF WAY.

I AM GUESSING ANYWHERE FROM THE WIDTH OF THIS FRONT ROW TO MIDWAY, ANYWHERE FROM ABOUT 35 FEET?

RIGHT.

VERY WELL. ANY FURTHER DISCUSSION FROM COUNCIL? YES, MISS CUSACK?

THANK YOU, MR. CHAIR. THE REASON I SUPPORT THE MOTION ON FLOOR IS BECAUSE I DON'T WANT IT TO BE PERCEIVED AS WE AS THIS COUNCIL HAVE NOT GIVEN CITIZENS AN OPPORTUNITY TO HAVE REPRESENTATION FOR AN ISSUE THEY FEEL IS IMPORTANT. IT IS IMPORTANT ENOUGH THAT THEY COULD COME HERE, SO I THINK IT IS IMPORTANT ENOUGH FOR ME TO HAVE SOME CONSIDERABLE GIVE THEM THE OPPORTUNITY TO HAVE SOME CLOSURE OF LEGAL ADVICE AS TO WHERE THEY ARE BEFORE, AND YOU HAVE SAID THAT YOU DON'T THINK TWO WEEKS IMPACT SIGNIFICANTLY THE PROJECT, SO THAT IS WHY I WILL SUPPORT AND SECOND THAT MOTION. THANK YOU.

OKAY. ANY FURTHER DISCUSSION? DID YOU FILL OUT A FIRM, SIR.

YOU ALREADY SPOKE. YOU HAD THREE MINUTES, SIR. MR. WAGNER? I HAVE ONE MORE QUESTION I WOULD LIKE TO HERE IN HIS FAVOR.

VERY WELL. SIR, PLEASE STAND UP AND STATE YOUR QUESTION.

PLEASE STATE YOUR NAME, PLEASE AND ADDRESS.

707 MAYTOWN ROAD. KEEP IN MIND THERE ARE 13 PROPERTIES HERE BEING AFFECTED. 13 DIFFERENT TITLE SEARCHES HAVE BEEN CONDUCTED OVER TIME. NOTHING HAS COME UP. HAS ANYBODY CONSIDERED GO TO THE NORTH? THERE WOULD ONLY BE ONE RESIDENT AFFECTED IF YOU GO TO THE NORTH SIDE OF MAYTOWN ROAD. I SUGGESTED THIS BEFORE. I TALKED TO PEOPLE IN TALLAHASSEE. I DON'T KNOW WHY THAT OPTION IS NOT BEING PURSUED?

OKAY. WELL, MR. BRITTON?

THERE ARE A NUMBER OF REASONS. THE MOST IMPORTANT IS THAT WE DON'T OWN RIGHT OF WAY ON THE NORTH SIDE. THERE IS NO ADDITIONAL RIGHT OF WAY TO PUT A TRAIL, AND IT WOULD REQUIRE A CROSSING OF MAYTOWN ROAD. THAT IS A HEAVILY TRAVELED TRUCK TRAFFIC AND LARGE PICKUP TRUCKS AND WHAT NOT. YOU JUST DON'T WANT TO INTRODUCE ANOTHER TRAIL CROSSING BECAUSE YOU WOULD HAVE TO CROSS THERE, THEN YOU HAVE TO CROSS BACK AGAIN WITHIN HALF A MILE BECAUSE ALL THE RAILROAD DRIVEWAYS ARE ON THE SOUTH SIDE, BUT EQUALLY, WE DON'T OWN ANY ON THE NORTH SIDE. NO RIGHT OF WAY AT ALL. BUT YOU WOULD HAVE TWO MAJOR CROSSINGS OF AT-GRADE CROSSINGS, WHICH WE JUST DON'T HAVE THAT. 415 IS A BUSY ROAD. 442 WHERE WE HAVE TEN BRIDGE CROSSINGS. SO IT JUST ISN'T FEASIBLE. THE MAJORITY OF THE ROADWAY IS -- THERE ARE TWO GAPS WHERE WE DON'T OWN RIGHT OF WAY THAT THE STATE PURCHASED.

[ INAUDIBLE QUESTION ]

I WILL ANSWER IT. THERE IS NO MURPHY DEAD. THERE IS NO -- THE NEXT SEGMENT THAT WE HAVE TO BUILD BEYOND GUYS ROAD THAT IS NOT CURRENTLY FUNDED, YOU HEARD US TALKING ABOUT THE MISSING LINK THE NEXT TEN MILES -- GUYS ROAD -- THERE IS A LONG SECTION THAT THE STATE DID NOT PURCHASE. THERE ARE TWO SECTIONS THAT APPLY HERE AND THESE ARE THE ONLY ONES THAT WERE AFFECTED. THERE ARE NONE ON THE NORTH SIDE IN THIS AREA AND THERE ARE NONE TO WEST AND THERE ARE NONE TO THE EAST. WE RESEARCHED ALL THE WAY ALONG THERE.

OKAY. MR. WAGNER, ANY FURTHER QUESTION IN THE.

OKAY. CLEAR THE SCREEN PLEASE. OKAY. ANY OTHER COMMENT FROM COUNCIL MEMBER IN THE OKAY. THEN THE MOTION ON THE FLOOR IS TO POSTPONE AND EXTEND THIS TO THE NEXT COUNCIL MEETING FOR DISCUSSION AND HOPEFULLY BRING THIS TO A FRUITION. ALL THOSE IN FAVOR OF MISS CUSACK AND MR. WAGNER'S MOTION, PLEASE SAY I.

I.

OPPOSED, EYE.

3- -- AYE.

AYE.

MR. DANIELS, MR. PATTERSON AND MISS DENNY'S.

OPPOSED. WE NEED THAT FOR CLOSED CAPTIONS, AS WELL.

OPPOSING. AND THE FOUR POSTPONING THIS IS MR. DAVIS, WAGNER AND MISS CUSACK.

THANK YOU.

SO, WE STILL HAVE TO FROM WHICH THIS RESOLUTION AND RESOLVE THIS PARTICULAR ISSUE.

I WILL MOVE THAT WE GO AHEAD AND FORWARD THIS ONTO THE RESOLUTION ONTO THE -- .

THERE IS A MOTION TO APPROVE AND PASS ALONG TO THE STATE OF FLORIDA TRUSTEES, THE DEPARTMENT OF TRUSTEES.

THANK YOU.

YOU ARE WELCOME. THAT IS A MOTION.

SECOND. SECOND FROM MISS DENCS. ANY FURTHER CONSIDERABLE -- DENYS. ANY FURTHER DISCUSSION?

OKAY. ALL THOSE IN FAVOR OF MOVING THIS FORWARD, PLEASE SIGNIFY BY AYE.

AYE.

ALL THOSE OPPOSED, NO. SO IT IS THE SAME SPLIT AND MOTION FAIL, ANYWAY, SO IT CUSS NOT GO FORWARD.

WHO IS OPPOSED.

THE FOUR VOTES WERE MR. DANIELS, MR. PATTERSON AND MISS DENYS AND THE AGAINST IS MR. DAVIS, CUSACK AND MR. WAGNER.

CAN I ASK ONE QUESTION? MY AASSUMPTION IS THIS WILL PROBABLY BE ON THE NEXT AGENDA ITEM IN THE.

PROBABLY ON THE NEXT AGENDA ITEM I DARE SAY.

WE CAN PUT IT ON THE NEXT AGENDA. YOU WILL BE ABSENT ONE COUNCIL PERSON, AGAIN. SO YOU WILL STILL HAVE SIX.

OKAY. I WOULD LIKE TO TALK WITH YOU, LATER ON.

OKAY. WITH THAT, LADIES AND GENTLEMEN, OUR MORNING BUSINESS IS COMPLETE. WE WILL BE IN RECESS FOR LUNCH. WE WILL BE BACK HERE RECONVENING AT 2:00.

OKAY. HIT THE MICROPHONES, PLEASE. [LUNCH BREAK UNTIL 2:00 P.M.]

IF THE CHAMBERS WILL PLEASE COME TO ORDER, THIS IS THE AFTERNOON SESSION, OCTOBER 24, 2013. WELCOME TO THE FALLUJA COUNTY COUNCIL. BUT, WOULD YOU PLEASE HAVE A SEAT FOR A MOMENT. WE HAVE A FEW OTHER MINOR ITEMS WE HAVE TO TAKE CARE OF THAT WE HAD TO BYPASS THIS MORNING. SO, I WILL TURN THE MICROPHONE OVER TO MR. DENIS BECAUSE YOU HAVE A SPECIAL PRESENTATION FOR US. I APOLOGIZE IT GOT SO TIED UP THIS MORNING.

MR. CHAIR, WE WOULD LIKE TO TAKE A COUPLE OF MINUTES. DONNA CAN EXPLAIN TO YOU, THE NEW VIDEO THAT'S BEEN DONE ON THE OCEAN CENTER, AND WANT THIS COUNCIL TO SEE IT BEFORE THE OTHER GROUPS SEE IT.

MR. CHAIRMAN, MEMBERS OF COUNCIL, THANK YOU VERY MUCH FOR GIVING ME A FEW MINUTES OF YOUR TIME. I'VE DONE WERE, THE OCEAN CENTER DIRECTOR.

WELL WE KNEW WHO YOU WERE, BUT THERE'S THE CLOSE CAPTIONING AND STUFF GOING ON OVER THE WORLD.

WANT TO SHARE WITH YOU THIS PROMOTIONAL VIDEO AND WE USED TO PRESENT PRESENT TO MEETING PLANNERS, AND WILL USE IT ON THE WEBSITE AND THE MARKETING KITS AND ALL THE OTHER VEHICLES WERE USED TO PROMOTE THE FACILITY. THE VIDEO WAS SHOT BY STEVE [INDISCERNIBLE] AND IT WAS SHOT IN A END HAS GONE THROUGH SEVERAL EDITING STAGES. WE'VE INCLUDED A LOT OF THE COUPLE FOR DIFFERENT TYPES OF ENTERTAINMENT, AND THINGS THAT ARE AVAILABLE IN THE COMMUNITY, AND WE HAVE TRIED TO SELL THIS ON TUESDAY POINTS. NUMBER ONE, THE OCEAN CENTER BEING A WORLD-CLASS FACILITY, PLUS WITHIN THE COUNTY SO THAT'S KIND OF OUR FOCUS. HE SHOT ALL THE NEW PHOTOGRAPHY WE ARE USING CURRENT ON ALL OF OUR MARKETING KITS, AND, ON THE WEBSITE, AS WELL AS EVERYTHING KNEW WE HAD DEVELOPED IN THE LAST YEAR. ANGEL DANIELS OF OUR STAFF AND MIKE BILOTTI DESERVE A GREAT ROUND OF APPLAUSE FOR PRODUCING SUCH A QUALITY VIDEO. BUT I'D LIKE TO SHARE IT WITH YOU THIS AFTERNOON TO GET SOME OF YOUR THOUGHTS AND COMMENTS.

THANK YOU VERY MUCH. LET'S HAVE LIGHTS, CAMERA AND ACTION. [ MUSIC ] [MUSIC][ MUSIC ]

THAT'S THE END OF THE PRESENTATION. THE VIDEO LASTS A LITTLE OVER FOUR MINUTES AND I LIKED YOUR COMMENTS OR THOUGHTS ON THAT. BUT WHAT KIND OF BE A PROJECT IN MOTION THAT WOULD CONTINUALLY BE ABLE TO CHANGE THE VIDEO BUT WOULD LIKE TO GET THE THOUGHTS.

I LIKE THE VIDEO, AND I WAS GIGGLING A LITTLE BIT BECAUSE YOU MADE THAT LITTLE CHAMELEON WHICH WAS THIS BIG LOOK LIKE IT WAS A KOMODO DRAGON JUST ABOUT.

IT WAS A DIFFERENT LENS.

LET'S START AND GO THIS WAY. ANY COMMENTS?

WHILE THAT WAS GREAT. IT'S WHERE WE LIVE, WORK AND PLAY. SOMETIMES IT'S A BUSY DOING WHAT WE DO WE FORGET ALL THE GREAT THINGS THAT ARE GOING ON, AND WE NEED TO TAKE MORE ADVANTAGE OF IT, IT WAS WONDERFUL.

THANK YOU VERY MUCH. MR.WAGNER.

YOU HAVE TO BE ON THE MICROPHONE TO SAY IT LOOKS GREAT.

I THOUGHT IT WAS VERY GOOD. IF THERE WAS ONE THING, IT WAS FOUR MINUTES, AND I DON'T KNOW WHERE YOU COULD CUT IT BECAUSE EVERYTHING IN THERE WITH SO GOOD, BUT THAT WAS THE ONLY THING, IF YOU COULD MAYBE JUST MAKE IT A TAD BIT SHORTER, SIMPLY BECAUSE IT'S HARD TO -- YOU HAVE TO SELL IT VERY QUICKLY TO FOCUS. THAT WOULD BE MY ONLY THING.

THANK YOU.

MR. PATTERSON ASKED.

WELL I LIKE IT, IT SHOWCASES THE WHOLE COUNTY HERE WHICH IS IMPORTANT, AND ONE OF THE COMPLAINTS IS, THE LUCIA COUNTY AND THE OCEAN CENTER IS MORE THAN JUST THE OCEAN CENTER, SO I REALLY DO. NOW I WANT TO SEE ITSELF. BEING THE ULTIMATE SALESMAN, THAT'S WHAT I WANT, I WANT TO SEE PROOF, AND I THINK IT TELLS THE COUNTY WELL THEN SELLS THE OCEAN CENTER WELL. AND IT SELLS WHAT WE HAVE HERE IF YOU'RE COMING HERE. NOW WE JUST NEED TO GET IT OUT THERE AND MAKE IT HAPPEN.

THANK YOU MR. PATRICK.

THANK YOU. GOOD JOB, DAWN. IT WAS INCREDIBLE THE WAY YOU HAVE THE CAMERA ANGLES ON THE OCEAN CENTER LEAVING OUT ON CERTAIN ASPECTS. ABSOLUTELY BRILLIANT. IT DID LOOK GOOD, IT SHOWCASED THE ENTIRE DESTINATION WHICH WAS REALLY AN IMPORTANT THING, AND IT LOOKED JUST TERRIFIC.

THANK YOU VERY MUCH.

THANK YOU LADIES AND OTTOMAN, I APPRECIATE YOUR TIME.

NOW WE DO HAVE ONE OTHER PIECE OF BUSINESS. AGENDA ITEM NUMBER 18 WAS WITHDRAWN THIS MORNING, AND I KNOW IT WAS SOMETHING THIS ARE WHY I WANT TO SPEAK ON.

THERE WAS SOME ISSUES BEHIND IT BUT I THINK I HAVE THEM ALL RESOLVED. AND THEN IT'S TO THE COUNCIL TO APPROVE IF THEY WOULD LIKE.

I WANTED TO TALK TO MORGAN, AND HE WASN'T HERE TODAY.

YES, HE HAS PNEUMONIA.

I THINK I'M GOING TO BE FINE --

DOES HE HAVE ANYTHING COMING ON?

WHILE HE WILL BE FINE, I TALKED TO HIM.

NOW WE HAVE ALL THAT PAST BUSINESS CAUGHT UP, ITEM NUMBER 23, FIRST HEARING OF A PROPOSED ORDINANCE, 23 -- 18, CPA, LARGE COMPETITIVE AMENDMENT FOR THE WORLD DESIGNATION -- APPLICANT, PLANNING AND BUILDING SERVICES. IT'S ALL YOURS, YOU DON'T LOOK LIKE KELLY MCGEE.

BECKY MENDEZ, CITY PLANNING MANAGER AND PLANNING EMPLOYMENT SERVICES. THIS TRANSMITTAL HEARING FOR A LARGE-SCALE COMPANY HAS A PLAN AMENDMENT FOR APPROXIMATELY 65 ACRES THAT THE COUNTY PURCHASED IN 2010. WE HAVE DONE A SERIES OF THESE AMENDMENTS AND IT'S REALLY JUST A HOUSEKEEPING ITEM CHANGING INFORMED THAT THE RURAL LAND USE FOR IT AND THE PLANNING BOARD FOUND THE AMENDMENT CONSISTENT WITH THE COMPANIES PLAN ON SEPTEMBER TENTH, AND IF THERE IS A COMPANION REZONING THAT IT'S A COUNTY COUNCIL AUTHORIZED THE STAFF TO TRANSMIT THE AMENDMENT TO THE VOLUSIA MANAGEMENT FOR CLARIFICATION, WHEN IT COMES BACK FOR THE ADOPTION HEARING IN A FEW MONTHS WE WILL BRING THE COMPANION WE ZONE ALONG WITH IT. THAT'S ALL I HAVE, IF YOU HAVE ANY QUESTIONS.

IS THERE ANY PUBLIC PARTICIPATION ON THIS ISSUE?

NO SIR.

IS THERE ANY QUESTIONS FROM THE COUNCIL ROCK'S.

I MOVE APPROVAL.

I HAVE A MOTION FOR APPROVAL. AND I HAVE A SECOND FROM DENYS. AND WHERE IS THIS? I DON'T SEE ANY MARKINGS ON MY SCREEN AIR.

WE JUST DON'T WANT YOU TO SHOW UP ON YOUR MOTORCYCLE, YOU WOULD TERRORIST THE FISH. [LAUGHTER]

FISH CAN'T HEAR. BUT LAST.

SERIOUSLY?

THOUGH THEY HAVE NO EARS. BUT THE.

WHERE IS THIS?

NOW I KNOW WHERE TO GO ON MY MOTORCYCLE. WE HAVE A MOTION AND A SECOND. SEEING AS THERE IS NINE, ALTHOUGH THE PAPER PLEASE SIGNIFY BY EYE. WHILE THOSE OPPOSED CLICKS SO PASSED. ALL RIGHT, ITEM NUMBER 24. THE SECOND HEARING OF ORDINANCE, 2013-14. REMOVING TEMPORARY AND PERMANENT ASPHALT PATCHING AND CEMENT PLANTS FROM THE PRIME AGRICULTURAL .CO ONE ZONING. KELLY MCGEE -- YOU DON'T LOOK LIKE KELLY MCGEE.

I 1 OF THE NON- BLONDES. THIS IS THE SECOND AND FINAL READING OF ORDINANCE 2013-14. WITH THOSE AMENDMENT TO THE ZONING CODE TO REMOVE TEMPORARY AND PERMANENT ASPHALT AND SMITH PLANS FOR THE SPECIAL EXCEPTION USE FOR CLASSIFICATION. AS DISCUSSED AT THE LAST MEETING, THIS IS SOMETHING THAT YOU HAVE ASKED TO TAKE A LOOK AT. ON THE SCREEN THEIR IS A MAP OF THE EXISTING BATCH WHICH PAYS 24-10 OF YOUR PACKAGE. WHAT THAT'S HIGHLIGHTING IS, THERE ARE THREE BATCH PLANTS WITHIN THE COUNTY, HE UNINCORPORATED AREAS OF THE COUNTY, AND TWO ARE IN THE WEST THE VOLUSIA AREA AND THE OTHER IS ON THE WHITE HOUSE ASKED AREA. WE HAVE NO FACILITIES ALONG THE A ONE ZONING AND NONE OF THESE CHANGES WILL AFFECT EXISTING USERS FOR OPERATION. AND WITH THAT I WOULD BE HAPPY TO ADDRESS ANY COMMENTS OR QUESTIONS THAT YOU MIGHT HAVE.

GO AHEAD WITH CUSACK. QUESTION FOR MR. ASHTON.

WE DO HAVE A COUPLE OF THINGS TO DO FIRST BEFORE WE CAN GO THROUGH THE MOTIONS.

IF YOU COULD HAVE A SEAT RIGHT THERE IN FRONT. WE HAVE OPENED A PUBLIC PARTICIPATION AND WE HAVE TWO INDIVIDUALS WHO WOULD LIKE TO SPEAK. JERRY JOYNER SMITH. I ACTUALLY PRONOUNCED HER NAME RIGHT. WE JUST NEED YOUR NAME AND YOUR ADDRESS, AND YOU HAVE THREE MINUTES.

JURY TO UNDERSTAND SOME OF MY IS 4170 SO CLUB DRIVE ON IT NEW SMYRNA BEACH. I WOULD JUST LIKE TO THANK EVERYONE FOR DENYING THE APPLICATION FOR THE PERMANENT ASPHALT PLAN THAT WAS GOING TO COME INTO OUR COMMUNITY. HOWEVER, UNTIL WE HAVE BOTH PERMANENT AND TEMPORARY PLAN'S MOVED FROM THE ALLOWABLE SPECIAL EXCEPTIONS, I GUESS WE ARE NOT JUST THINKING GLOBAL EXCEPTIONS. WE ARE NOT GOING TO REST IN PEACE UNTIL WE SEE THAT DONE, AS WE SEE NO DIFFERENCE BETWEEN THE PERMANENT AND TEMPORARY, BECAUSE IT'LL CAUSE JUST AS MUCH DESTRUCTION AND HARM TO US. WE WILL SEE DAMAGE AND ONE-SIX MONTHS, AND THE ADVERSE EFFECTS THAT WE ALL KNOW ABOUT OUR HOME ENVIRONMENT, BUT WILL HAVE BEEN OUR FIRST DAY. THEY DO UNDERSTAND THE ASPHALT PLANTS ARE VITAL IN DEVELOPING AND MAINTAINING THE INFRASTRUCTURE, AND OUR ROADS AND EVERYTHING, BUT THEY DO NEED TO BE IN AN INDUSTRIAL AREA, AND THAT'S WHERE, EVEN FOR THE COMPANIES WHO WANT TO PROVIDE ASPHALT PLANTS, IT IS NOT A SPECIAL EXCEPTION, IF IT'S JUST A LOUD AND INDUSTRIAL, THAT THEY DON'T HAVE ANY TIME CONSTRAINTS TO WHERE THEY WOULD HAVE TO FILE FOR A SPECIAL EXCEPTION IF IT WAS AN INDUSTRIAL USE. THERE'S NO DELAY IS BECAUSE LIKE THEY SAID, NO ONE WANTED IN THEIR BACKYARD. SO IF WE COULD REMOVE IT AND PUT IT IN INDUSTRIAL AREAS FROM THE GET-GO, IT WOULD BE THE SENSIBLE AND RIGHT THING TO DO.

THANK YOU. AND MR. OR MS -- MICHAEL, IS THAT MICHAEL?

OKAY. I WAS SO CLOSE. OKAY. FIRST THINGS FIRST, HOW ARE YOU?

911.

WHY AREN'T YOU IN SCHOOL BOOKS WHILE THAT'S ALL RIGHT, WE'LL GIVE YOU A PASS.

IF YOU NEED A NOTE GO TO THE COUNTY ATTORNEY TO WRITE YOU A NOTE.

WE NEED YOUR NAME AND ADDRESS.

MY NAME IS MICHAEL SAUL JENIN AND MY ADDRESS IS 41670 CLUB DRIVE.

GOOD AFTERNOON EVERYONE, I HOPE EVERYONE HAS BEEN DOING GOODS OF THE LAST ASPHALT MEETING. I WOULD INCENSE A LOT AND I'M A BUSY MAN. I'M HOPEFULLY HERE TO SEE THIS CASE CLOSE WITH NO ASPHALT ZONING. I ASKED MY DAD TO BRING ME HERE TODAY, EVEN THOUGH I'M GOING TO MISS READING, SCIENCE AND PE. I MIGHT GET THAT PASS. SOMETHINGS ARE JUST MORE IMPORTANT, LIKE NOT GROWING A THIRD EYE. THESE EVENTS HAVE TAUGHT ME A LOT, LIKE ONE PERSON CAN MAKE A DIFFERENCE FOR THE GOOD OR THE BAD. I CAN SAY I'M MAKING FOR THE BETTER. TODAY WHEN I LEFT MY HOUSE I SAW A BEAUTIFUL PLACE AND THE WEATHER WAS PERFECT.

AS WE DROVE PAST THE ASPHALT PLAN PROPERTY, IT LOOKS REALLY NICE. RICE ADJUSTS RICE ADJUSTS FOR THE COUNCIL TO VOTE AGAINST THE ASPHALT PLAN BEING ZONED IN A ONE PROPERTY AND FOR THE OWNER OF THE ASPHALT COMPANY TO BE A GOOD GUY AND MAKE A PARK FOR THE KIDS IN TIM SOLA, THEN THE PEOPLE MIGHT RESPECT THE COMPANY. THANK YOU FOR THIS WONDERFUL EXPERIENCE AND I HOPE YOU GUYS WILL VOTE FOR ME FOR COUNTY COUNCIL. HAVE A WONDERFUL BALL, AND LET'S HOPE THAT THE ASPHALT PLAN DOESN'T FALL ON US.

I HAVE TO GIVE YOU KUDOS YOUNG MAN, BECAUSE, I HAVE ADULTS THAT, THE YEAR AND WILL STAND IN THAT EXACT SPOT YOU ARE END AND NOT GIVE AS GOOD A REPRESENTATION AS YOU HAVE DONE TODAY. I'M VERY PROUD AT YOU AND WE WOULD LOVE TO GIVE YOU ONE OF OUR OPINIONS AS IN COMMEMORATION OF THAT. MS.ZIMMERMAN, GO AHEAD AND WRITE THIS YOUNG MAN A PASS, AND I WILL SIGN IT. [LAUGHTER] COME ON UP HERE, YOUNG MAN.

AND I WILL HELP YOU CAMPAIGN.

[LAUGHTER]

I'LL BE TURNED OUT BY THEN. A BLACK.

WE WILL ALL BE TURNED OUT BY THEN. OKAY, WE HAVE ONE MORE -- SOME GUY CAME UP LATE AND SIGNED HIM LAST. MR.GLENN STORCH.

FOR THE RECORD, MY NAME IS GLENN STORCH, 4220 BOY SCOUT CAMP ROAD.

JUST TO LET YOU KNOW, YOU ARE RUNNING ON DANGEROUS GROUND RIGHT NOW. [LAUGHTER]

AS ALWAYS.

AND HERE TO SUPPORT SPORTS -- ENTIRELY, AND THEY HAVE LOOKED AT THIS AND DECIDED THE FACT THAT THE COUNCIL HAS MADE THE DETERMINATION THAT THIS SOMETHING THEY NEED TO LOOK AT. THEY HAVE DETERMINED AND RECOMMENDED THAT ASPHALT BATCH PLANTS DO NOT BELONG IN AGRICULTURAL AREAS, ESPECIALLY AGRICULTURAL RESIDENTIAL AREAS, AND THERE ARE OTHER WAYS TO DEAL WITH IT. SO I THINK THIS IS HONESTLY AN OVERSIGHT, WITH THE AGRICULTURAL SPECIAL EXCEPTIONS YEARS BEFORE, WE TOOK OUT SOME BUT WE DIDN'T TAKE OUT HOW ALL.

WHEN YOU START GETTING THAT DOES YOU HAVE TO MOVE THOSE MICROPHONES DOWN.

BINGO. ANY FURTHER CITIZEN PARTICIPATION?

OKAY. WE ARE CLOSED TO CITIZEN PARTICIPATION.

MR. CHAIR, I'D LIKE TO MAKE A MOTION ON THIS SECOND HEARING WE ACCEPT THIS ORDINANCE AS PRESENTED.

OKAY, I HAVE A MOTION TO APPROVE AS PRESENTED. ANY OTHER FURTHER DISCUSSION CLICKS BEING DONE, ALL THOSE IN FAVOR SIGNIFY BY EYE. ALL THOSE OPPOSED OR SO PASSES. NO MORE ASPHALT PLANTS.

SOMETIMES YOU DO SOMETHING AND YOU FEEL REALLY GOOD ABOUT THAT.

ALL RIGHT. LET'S SEE. NOW WE ARE GOING TO MOVE RIGHT ALONG HERE TO THE NUMBER 25, WHICH IS ALSO OUR FINAL ITEM ON THE AGENDA TONIGHT. THAT'S PRETTY IMPRESSIVE.

YOU SAID I WAS AN OPTIMIST. LET'S SEE HOW MUCH OF AN OPTIMIST.

APPOINTMENTS TO CODE ENFORCEMENT BOARD DISTRICT ONE AND FOUR. THEY DON'T HAVE TO LIVE IN THE COUNCIL, AND.

THAT SIGNIFIED BY EYE, ALL THOSE OPPOSED CLICKS SO CLEAR. DISTRICT FOUR.

AS MUCH AS I HATE TO SAY IT, I JUST LIVE THAT I WAS ONE OF THE ONES THAT HAD HER NOMINATION YEAR. I THOUGHT IT WAS JUST A GRAB BAG. I WOULD LIKE TO DEFER UNTIL NEXT TIME.

WELL, YOU ARE --

LEAVING JOSEPH RUDOLPH CLICKS OKAY, NOMINATION OF JOSEPH RUDOLPH FROM MR. DANIELS. ALL THOSE IN FAVOR, PLEASE SIGNIFY BY EYE. ALL THOSE OPPOSED BUCKS SO PASSED. OPTIMISTS.

MR. CHAIR, WE HAVE BEEN TRYING TO GET SOMEONE ON THE CONTRACTORS LICENSING AND I DO HAVE AN APPLICATION FOR SOMEBODY, BUT THEY DIDN'T SIGN IT, SO I'D LIKE TO DO IS GO AHEAD AND NOMINATE BECAUSE I WON'T BE HERE IN TWO WEEKS. I'M NOMINATING THE SUBJECT TO A SIGNED APPLICATION BEING RECEIVED, AND I KNOW THEY WILL BE SENDING THAT TO US. JUSTIN MARTIN, HE IS A PROFESSIONAL ENGINEER A LOCAL GUY, UCSF GRADUATE, GO WHATEVER.

IS A STANDUP GUY.

THEY WILL BE GREAT FOR THAT BOARD.

I'M GOING TO RETRACT THAT NOMINATION. [LAUGHTER]

JUSTIN HAS BEEN NOMINATED BY MR. PATTERSON FOR, WHAT IS IT, THE CONTRACT BOARD?

CONTRACTOR LICENSING AND CONSTRUCTION.

OKAY. SO THE MOTION WAS MADE AND ALL THOSE IN FAVOR, SIGNIFIED BY EYE. ALL THOSE OPPOSED BUCKS SO CARRIED. THERE IS ONE OTHER POSITION THAT WE'RE STILL WAITING FOR, MR. DANIELS, DO YOU HAVE ANYONE ELSE YOU WOULD LIKE TO SEE ON THE BOARD?

I BELIEVE JOHN HAS ASSUMED HIS ROLE.

JOHN DID OR I JUST WANTED TO MAKE SURE.

I STILL DON'T HAVE THIS APPLICATION, WITH THE PLAIN PHONE AND E-MAIL TAG.

OKAY, I WILL HIT HIM ONCE AGAIN.

DON'T GET ME HIS ADDRESS, I WILL GO THERE.

WELL, HER RADIANT BANK, GET IN FULL REGALIA AND GO SEE HIM.

I SHALL.

OKAY, MR. ECKERT, YOU FLASH ME THERE. OKAY, ANY OTHER BUSINESS THAT NEEDS TO COME BEFORE THE COUNTY COUNCIL BACKS OKAY.

THE MICROPHONE IS ACTING REALLY CRAZY.

THIS WOULD BE OUTSIDE OF COUNCIL.

WITH RESPECT TO THE PERSONNEL BOARD, RECEIVED THE RESIGNATION OF DWIGHT LEWIS AND RECENTLY THE APPLICATION OF FORMER COUNCIL MEMBER ALEXANDER. I THINK BECAUSE OF THE NATURE OF THIS BOARD IT WOULD BE WELL TO HAVE THE ISSUE ON THE AGENDA SO THERE'S NO CONTROVERSY. THERE IS A HEARING SCHEDULED ON THE PERSONNEL BOARD BETWEEN NOW AND THE NEXT MEETING WHICH IS LIKELY TO BE CONTINUED, BUT TO AVOID ANY GAP, I RECOMMEND IF THERE IS ANY QUESTION REGARDING MR. LEWIS' CONTINUED SERVICE, I RECOMMEND YOU APPOINT MR. LEWIS AND CONTINUE THE APPOINTMENT OF MR. LEWIS UNTIL THE NEXT COUNCIL MEETING. THEN, TAKE UP THE ISSUE OF HIS SUCCESSOR.

OKAY, ANY OBJECTION ON THE COUNCIL?

I WOULDN'T -- THEN I WOULD MAKE A MOTION THAT WE ACCEPT MR. DWIGHT LEWIS' RESIGNATION TO BE EFFECTIVE IN TWO WEEKS.

AND LET IT CONTINUE UNTIL THAT TIME?

YES, IT CONTINUES UNTIL THAT TIME.

THERE'S A MOTION ON THE WAR, IS THERE A SECOND?

ANY FURTHER DISCUSSION CLICKS AS DC-9, ALL OF THOSE IN FAVOR PLEASE SIGNIFY BY SAYING HI. ALL THOSE OPPOSED TO ANY OTHER BUSINESS THAT NEEDS TO COME BEFORE THE COUNCIL TODAY? COOL.

IF THE COUNCIL WOULD ALLOW ME A LITTLE LEVITY HERE, I WOULD LIKE TO GO START OFF OUR COUNCIL CLOSING STATEMENTS. I KNOW, YOU ARE THE GREAT OPTIMIST.

A COUPLE OF THINGS HAVE HAPPENED THIS PAST WEEK, AND I'D JUST LIKE TO GO OVER THEM. I EVEN TOOK NOTES ON THEM. ONE IS, IN A PERIODICAL RECENTLY, SOMEONE MADE A COMMENT ABOUT MY MILITARY RECORD. AND BEING A MILITARY VETERAN, AS MOST MILITARY VETERANS WOULD TAKE GREAT OFFENSE TO ANYONE QUESTIONING OUR DUTY TO COUNTRY AND SUCH. JUST FOR THE RECORD SO EVERYONE KNOWS, I HAVE MY 214, MY PROMOTION ORDERS AND MY BRONZE STAR FOR VALOR READILY AVAILABLE TO ANYONE THAT WOULD LIKE IT, IT IS A MATTER OF PUBLIC KNOWLEDGE. BUT, IF THE COUNCIL WOULD PLEASE INDULGE ME, I WOULD LIKE TO READ OF HIS BRONZE STAR INTO THE RECORD SO THAT THERE IS NO QUESTION, AND IT STARTS TO GET A LITTLE ANNOYING AT TIMES WHEN PEOPLE KEEP COMING UP AND SAYING, YOU NEVER DID THIS, IT NEVER DID THAT, YOU NEVER DID THIS. SO WITH THAT, I WILL ACTUALLY PUT MY GLASSES ON TO READ THIS. THIS WOULD BE RED FOR THE RECORD. SERGEANT JASON DAVIS, THIRD BATTALION, 180 SEVENTH INFANTRY REGIMENT HAS BEEN AWARDED THE BRONZE STAR MEDAL WITH THE DEVICE AND DISTINGUISHED PERFORMANCE OF DUTY WHILE ENGAGED IN COMBAT OPERATIONS AGAINST AN ENEMY OF THE UNITED STATES DURING OPERATION DESERT STORM. AS A RIVAL TEAM LEADER, COMPANY A, THIRD BATTALION, 187 COUNTRY REGIMENT OF 100% MORE DIVISION. ON EVERY 20 FIFTH, 1991 DURING A CLASSIC AIR ASSAULT, SERGEANT DAVIS ASPIRED TEAM DECISIVELY ENGAGED AS PART OF THE PETITION EFFORT TO ESTABLISH A BLOCKING POSITION ALONG THE ENEMY'S MAIN SUPPLY ROUTE. ON SEVERAL OCCASIONS URGENT DAVIS MOVED INTO THE OPENING RENDERING DIRECT FIRE ON ENEMY FORCES, NAVIGATING THEIR ABILITY TO COUNTERATTACK. SERGEANT DAVIS' BRAVERY AND EXCEPTIONAL LEADERSHIP SKILLS ARE IN KEEPING WITH THE FINEST TRADITIONS OF THE MILITARY AND REFLECT GREAT CREDIT UPON HIMSELF, A 100 FIRST AIRBORNE DIVISION AND THE UNITED STATES ARMY. SIGNED UNDER THIS DAY BY JH CONVERT TEA AT THE THIRD, MAJOR GENERAL OF THE US ARMY DEFENDING. I JUST WANTED THAT TO BE READ INTO THE RECORD, LET THERE BE NO MORE QUESTIONS, AND THAT IS READILY AVAILABLE FOR ANYONE WHO WOULD LIKE TO SEE THAT.

YOU COULD PUT THAT AS PART OF THE RECORD ITSELF IF YOU GET A COPY TO MARCY, SHE CAN MAKE IT PART OF THE MINUTES AND THEN YOU CAN JUST DIRECT THEM TO THAT.

THAT THE GREAT THING.

JASON, THANK YOU BY THE WAY.

THE QUESTIONS KEEP COMING UP AND I WAS LIKE, THIS SHOULD KEEP COMING UP.

I MEANT FOR YOUR SERVICE.

WELL YOU'RE WELCOME.

NOW I HATE TO OUTDO DON, BUT I'M GOING TO HAVE TO. LAST WEEK I WENT ALL OVER FALLUJA COUNTY ON MY BIG BLUE HARLEY THAT I USED TO TAKE OVER THE RADIO STATION EVERY SUNDAY MORNING AND, I DROVE AROUND, AND I SHOVELED THIS WITH MY IPHONE. SO THIS WHOLE VIDEO THAT YOU ARE ABOUT TO SEE WAS SHOT COMPLETELY BY A CELL PHONE. AND, IT IS POSTED ON YOUTUBE. THERE WE GO. THERE'S ACTUALLY MUSIC ON THIS TOO.

OKAY. THEN HE STOOD UP THAT HIGH ON THE RADIO STATION. YOU HAVE TO LIKE, JUST THE MICROPHONE.

THIS IS NOT MY FAULT. [ MUSIC ] [MUSIC][ MUSIC ]

THAT WAS, THAT LAST PICTURE THERE WAS A NO NAME. SO, WE DROVE AROUND AND GOT ALL THESE COOL PICTURES AS YOU SAW, AND I HAVE A LOT MORE. I WAS REALLY HOPING THAT WE COULD GET THE ADVERTISING AUTHORITY TO USE THOSE BUT THERE'S THIS LITTLE THING ABOUT COPYRIGHT LAWS THAT I DIDN'T KNOW ABOUT. BUT, IT WAS FUN. I ENJOYED MAKING IT. I CAN MAKE MORE FOR ANYONE THAT NEEDS ONE.

ANYWAY, WITH ALL THAT, I DID HAVE SOME NEW INFORMATION AVAILABLE FOR MS. NORDBY. SHE ASKED ABOUT A MONTH AND A HALF AGO ABOUT SOME INFORMATION ON THE NEWS JOURNAL CENTER, AND I DID FIND SOME INFORMATION ON IT BUT SUCH IS NOT HERE I WAS WITH THAT. AND I WISH SHOULD -- MR. CHAIR, WE STILL HAVE PUBLIC PARTICIPATION.

YES, WE DO THAT AT THE END.

OKAY, SORRY.

SO, WE ARE NOT DONE WITH YOU, SO HOLD ONTO THAT STATION PEOPLE.

MR. PATTERSON.

IS THIS COUNCIL TIME, THAT WHAT YOU ARE TRYING TO TELL ME?

ALL RIGHT, I JUST HAVE A COUPLE OF THINGS. I NEED TO KNOW -- SO THERE WAS A TPO INFORMATION MEETING YESTERDAY AND THEY WERE TALKING ABOUT A LANDSCAPE GRANT, AND WE KNOW THE DE LEON SPRINGS BUNCH WOULD LIKE TO DO SOME THINGS ARE THE MEDIA GOING THROUGH, SO I WOULD LIKE TO TALK, BUT THE COUNTY WOULD HAVE TO BE PART OF THIS BECAUSE IT'S EITHER COUNTY OR CITY. WHAT I'M THINKING OF IS, BECAUSE IF YOU KNOW WHAT COULD THE BURNS ARE, THEY ARE PREHISTORIC. THE SEMINOLE INDIANS USED TO MAKE THEIR BREAD WITH THEM. BUT THERE IS A FEW 50 -YEAR-OLD PLANTS IN THERE, AND WHAT I'M THINKING IS MAYBE GETTING -- TEAM WHO LIVES HERE AS BUNCHES OF THEM THAT WE COULD PUT THOSE LANDSCAPES IN THERE. THEY DON'T REQUIRE ANY WATER, YOU DON'T WATER THE THINGS, THEY PRETTY MUCH TAKE CARE OF THEMSELVES. SO I WOULD LIKE WHOEVER ART MARIANNE TO WORK

ON THIS BECAUSE THEY ARE TRYING TO SPRUCE UP THE POSSIBILITY AND WE HAVE SEVERAL IN THERE RIGHT NOW THAT HAVE BEEN WORKED WITH. AND, I'M STILL TRYING TO FIGURE OUT WHY I HAVE THIS FLORIDA DEPARTMENT OF JUVENILE JUSTICE THING HERE, I DON'T KNOW WHAT THAT'S ALL ABOUT.

MR. JEANNINE CAN ADDRESS UP ON HIS COMMENTS.

ANYTHING ELSE MR. PATTERSON?

MARIANNE, I NEED TO IT WITH YOU REGARDING ALLEGED STATION AND POTENTIAL SEWER HOOKUPS.

AND THEN, I WON'T BE HERE NEXT WEEK.

WE WILL SORELY MISS YOU.

I DOUBT THAT.

ON THE WAY TO COUNSEL TODAY, THERE WAS A BIG NEWS UPDATE ABOUT THE OUTLAW SITUATION, AND IT WOULD PROBABLY BE GOOD FOR US TO DISCUSS WHERE WE ARE ADDED AND SOME OF THE REASONS WHY WE HAVE DECIDED TO TAKE THE PATH.

SHE HAS BEEN WORKING WITH THE CITY AND HAS MET WITH CITY MANAGER AND NUMBER OF TIMES.

THANK YOU.

WE HAVE BEEN WORKING WITH ORMOND BEACH OVER THE LAST TWO YEARS KNOW, ABOUT HAVING AN INTERLOCAL PLANNING AGREEMENT MUCH LIKE WE ESTABLISHED WITH SMYRNA BEACH. THESE AGREEMENTS PROVIDE A BRIDGE ARRANGEMENT FOR THOSE AREAS THAT ARE SUNDAY AT THE DATA TO BE A MUNICIPALITY, AND THE MUNICIPALITY THAT WAS GIVEN TO HIM AT THIS TIME WILL TAKE OVER SOME PLANNING AUTHORITY AND ARRANGE FOR AN EASIER PATTERN OF ANNEXATION THAT MAY NORMALLY BE THE CASE. ORMOND BEACH HAS WANTED TO PURSUE THIS ALONG US ONE BECAUSE THEY CONSIDER IT AN IMPORTANT GATEWAY TO THE CITY. COMMUNICATIONS HAVE BEEN SOMEWHAT INCONSISTENT AT TIMES AS TO EXACTLY ALL OF THE PURPOSES INVOLVED. BUT, AS WE UNDERSTAND RIGHT NOW THEY ARE INTERESTED IN FULL PLANNING AUTHORITY FOR DEVELOPMENT, APPEARANCES, AND ACTIVITIES THAT THEY WOULD IN FACT LIKE TO BECOME FOR DEVELOPMENT AND ACTIVITY PURPOSES, THE JURISDICTION GOVERNING SUCH ACTIVITIES. WE HAVE ADVISED THEM THAT WE WOULD ANTICIPATE COUNCIL CONCERNED WITH WHAT DOES THAT MEAN FOR EXISTING BUSINESSES. ORMOND REGULATIONS ARE DIFFERENT FROM THE COUNTIES, AND IT IS ANTICIPATED THAT THE CHANGE IN TERMS OF APPLYING THOSE STANDARDS WOULD HAVE TO AFFECT THAT ONE NEEDS TO DEVELOP A PROPOSAL IN TERMS OF HOW AND WHAT IMPACT THEY ARE BRINGING TO THE COUNTY COUNCIL SAYING, WE WILL APPLY THE STANDARDS IN THIS WAY. ONCE WE HAVE THAT INFORMATION FROM THEM, WE ARE PREPARED TO BRING FORWARD A PLANNING AGREEMENT THAT WOULD ACCOMPLISH THAT. AND IN LIEU OF THAT, IN TERMS OF THE COUNTY'S ACTIVITIES, THE COUNTIES HAVE ISSUED A BTR TO THE OUTLAWED FOR ITS BUSINESS IN THE AREA. IT HAS A BUSINESS TAX RECEIPT, IF THE BUSINESS LICENSE, AND IT'S FINISHED WITH THE STATED PURPOSE OF THE MANUFACTURING. I'M SORRY.

CHARLES HARGROVE, DEPUTY COUNTY ATTORNEY. I WOULD LIKE TO INTERJECT WITH A BUSINESS TAX RECEIPT. THERE IS NOT MUCH RECOURSE WITHOUT BECAUSE IT'S NOT REALLY MEANT TO ADDRESS ISSUES OF QUALIFICATION OR THE ABILITY TO CONDUCT BUSINESS IN A LOCATION, AND A BTR WAS CREATED TO DISTINGUISH BETWEEN THE OCCUPATIONAL BUSINESS LICENSE AND THERE WILL BE NO CONFUSION ABOUT THE REVENUE OR THERE IS NO ENFORCEMENT ISSUE THAT COULD BE ATTACHED TO THE BUSINESS TAX RECEIPT. AS YOU MENTIONED, MORE THAN LIKELY THEY WILL HAVE TO GO BACK AND LOOK AT THE CODE TO SEE WHAT OTHER AVENUES THEY WOULD USE, BUT I JUST WANTED TO ADD THAT.

IN TERMS OF OUR CODE, WE HAVE HAD CODE ENFORCEMENT THAT HAS VISITED THE SITE WHAT IT WANTS, AND GOOD IN GENERAL ACTIVITIES IN THE AREA OVER THE PAST WEEKEND. WE HAVE NOT OBSERVED ANY CODE VIOLATIONS, AND THERE HAS BEEN NO CODE ACTIVITY WARRANTED AT THIS TIME. AND THAT IS WHERE WE ARE.

I SPECIFICALLY MET WITH THEIR MANAGER, JOYCE, AND WE DISCUSSED THE PROCESS OF MARIANNE JUST TO THEM. I CAME AWAY WITH THE UNDERSTANDING THAT THEY THOUGHT IT WAS A GOOD OPTION, AND WE ANTICIPATED THAT BY THIS TIME WITHOUT SOME KIND OF A DRAFT. BUT I THINK WHAT THEY LIKED AND WE LIKED WAS IT WAS A FOCUS ON ANY ONE BUSINESS, IT WAS THE COURT ORDER AND WE COULD TREAT PEOPLE EQUALLY IN A WAY THAT THEY FELT WAS CONDUCIVE TO THEIR COMMUNITY. I THOUGHT WE WERE GOING DOWN A PATH.

IT IS AGAIN, MY LAST VACATION WITH THE WORTHEN MANAGER INDICATED THAT THEY ARE CONTINUING TO MEET WITH SOME OF BUSINESSES ALONG THE CORRIDOR, AND THAT THEY ARE TRYING TO DEVELOP, AGAIN, THIS WOULD BE A PROPOSAL AND HAVE THEM APPLY THEIR CODE THEIR CODE UNDER AN INTERLOCAL PLANNING AGREEMENT.

A QUICK FOLLOW-UP, THE SERIES OF E-MAILS THAT WENT BACK AND FORTH, THE CHARGES THAT WOULD BE CONSISTENT WITH RUNNING A BUSINESS AND VERY CONSISTENT WITH HAVING A CLUB, IT WAS MY UNDERSTANDING THAT EVEN THOUGH THOSE CHARGES WERE INCLUDED IN E-MAIL, AND THEY SWEAR THAT THAT WAS TRUE. THAT WAS THE PROBLEM IN THE CODE ENFORCEMENT, BRIGHT?

GUESTS. THOSE ALONE IN OUR OPINION, THAT WILL NOT BE PROVIDED WITH THE WAY BOARDING ALLOWANCE. THAT WILL BE ALLOWED IN THE INDUSTRIAL ZONING, AND THE LAST STAFF WENT INTO THE BUILDING, THERE WAS T-SHIRT PRINTING, AND THEY WERE ESCORTED THROUGH BUT TENET OF THE BUILDING AND DIDN'T SEE ANYTHING CONTRARY TO THE USE OF THE FACILITY. THEY HAD BEEN PREVIOUSLY USED AS A LEATHER SHOP AND THE ACCUSATIONS WERE FROM THE PREVIOUS BTR, THE CURRENT ONE IS FROM A LIGHTNING OUTBACK. SO, IN CODE CASES, WE HAVE NEIGHBORS AND THEY WILL COME TESTIFY BEFORE THE CODE BOARD. WE HAVE CODE ENFORCES ETHICAL THOUGHT AND OBSERVES VIOLATIONS AND THEY WILL TESTIFY BEFORE THE BOARD CODE. IN THIS INSTANCE, AT THIS TIME, I DON'T HAVE ANYONE WILLING TO COME FORWARD AS A WITNESS OR TO SIGN AN AFFIDAVIT SWEARING THAT THE PROPERTY WAS NOT BEING PUT TO THE USE WAS DESCRIBED AND THE BTR AND ALLOWED WITHIN THE ZONE CLASSIFICATION.

YES, THE OTHER THING I THINK IT'S IMPORTANT TWO-POINT OUT, A CODE ENFORCEMENT CASES NOT REALLY THAT SIGNIFICANT. THAT MEANS YOU CAN JUST USE OVERNIGHT, AND THAT IT DOESN'T REALLY AMOUNT TO ANYTHING, NORMAN REALLY WOULD WANT TO GET THOSE PEOPLE OUT, AND TO DO THAT TO DO

SOMETHING ILLEGAL AND CRIMINAL IN NATURE AND NOT SOME SORT OF CODE ENFORCEMENT PROBLEM. AND I'M SURE HE WOULD BE ON IT IN A HEARTBEAT.

ALL RIGHT MR. WAGNER, AND IT WAS A COMMENTS BOX.

THE TPO YESTERDAY FOR THOSE OF YOU WHO ARE ON IT, WE BROUGHT UP THE ALTERNATIVE ANALYSIS AND IT WAS BROUGHT UP FOR THE ALTERNATIVE ANALYSIS AND WE HAVE TO TAKE A POSITION, AS FAR AS THE LOCAL FUNDS SWITCH. THEY NEEDED SOMETHING FROM US FOR THE NEXT MEETING, JOHN CHANEY SAID HE SENT IT OVER TO YOU, DO YOU KNOW WHAT THAT IS? IF NOT --

WE HAVE THE LIST.

THE SITUATION IS THAT, FOR THE ALTERNATIVES ANALYSIS, THIS IS THE ALTERNATIVE IN TERMS OF RAIL SERVICE COMING FROM SOME RAIL TO THE DAYTONA AREA. THE COST OF THE PROJECT -- LET ME FIND THE NUMBER. IT'S ABOUT $2 MILLION, AND THE LOCAL MATCH IS $513 THAT WOULD BE REQUIRED. AND, WHAT HAS BEEN PROPOSED IS THE DOT FUNDING ONSET COUNTY PROJECTS. WHICH COULD BE MOVED OVER TO PROVIDE THE LOCAL NICHE AND DOT WOULD THEN COME BEHIND THAT MOVE AND PROVIDE ADDITIONAL FUNDS INTO THE PROJECT FROM WHICH THE DOLLARS WERE MOVED.

THE PROJECTS THAT HAVE BEEN DISCUSSED WERE ZERO PGA BOULEVARD, VETERANS MEMORIAL BRIDGE, A PIONEER TRAIL CURVED ALIGNMENT, AND KEPLER INTERSECTION IMPROVEMENT. I BELIEVE MR. PRESIDENT HAS IDENTIFIED THE LPGA PROJECT AS THE BEST OF THOSE OPTIONS. THIS DOES OF COURSE HIDE -- THE REASON THAT THESE ARE ALL COUNTY PROJECTS ARE THAT, THIS IS WHERE LARGE BLOCKS OF DOT FUNDING ARE FOUND. SO IT IS COUNSEL'S DIRECTION THAT THE LOCAL MATCH OR THE ALTERNATIVES ANALYSIS BE TRANSFERRED, A TRANSFER OF FUNDING OF LOCAL FUNDS FROM THE PROJECT OVER TO THE ALTERNATIVES ANALYSIS WITH THE ANTICIPATION IT WOULD BE BACK BUILT BY THE DOT FOR, THAT'S WHAT YOU WOULD HAVE TO BRING TO THE TPO.

AND JUST SO IT'S CLEAR, SO EVERYONE UNDERSTANDS, IT WILL BE BACK TILL BY THE DOT.

THE ONLY THING, I SAY ON A CAUTIONARY NOTE, WE START ON THIS PATH AND IT APPEARS THAT WHILE EVERYONE WANTS A CANDIDATE IS INTERESTED IN THESE PROJECTS, THEY START TO GET LABELED AS A COUNTY GOVERNMENT PROJECT. AND SO I'M THINKING IF WE HAVE PARTNERSHIPS ON THIS, I'M NOT SAYING THE FUNDING MECHANISM THEY ARE USING IS WRONG, IT'S THAT WE NEED TO CLARIFY PROBABLY THAT THAT'S THE WAY TO GET FUNDING AT THIS STAGE IF WE WANTED TO BE A PARTNERSHIP PROGRAM. BUT THAT IS MY ONLY FEAR, IT'S STARTING TO LOOK LIKE A COUNTY GOVERNMENT PROJECT ONLY.

WE HAVE A DISCUSSION AT THE PTO A COUPLE OF MEETINGS AGO AND A LOT OF THE COUNCILMEMBERS WAS THAT AS WELL, AT THE END OF THE DAY THERE'S ONLY SO MANY PLACES WE CAN MAKE THAT KIND OF SHIFT FOR THE DOT, AND WE HAPPEN TO BE THE ONES. SO IF WE ARE GOING TO DO IT, WE NEED TO DO IT. DO YOU NEED A MOTION OR DIRECTION CLICKS JUST WANT TO MAKE SURE FORMALLY GETS TO THEM BECAUSE OF THE HAVE TO GO THROUGH THAT THE PTO PROCESS.

THAT I HAVE WILL GO AHEAD AND MAKE A MOTION THAT THE SHIFT OF LOCAL FUNDS FROM THE LPGA AS LONG AS IT'S BACK KILLED BY THE -- FOR THE ADOPTION OF THE ALTERNATIVES ANALYSIS TO BE SENT TO THE PTO. IS THAT CLEAR ENOUGH TO?

I HAVE A MOTION TO SWITCH FUNDING FROM LPGA TO FUND THE ALTERNATIVES --

OUR PORTION, PART OF IT IS SOMEONE ELSE'S, BUT AS LONG AS IT'S BACK KILLED BY THE DOT.

ANY FURTHER DISCUSSION ON THAT?

THE MONEY WOULD GO TO THE ALTERNATIVE ANALYSIS?

WHILE IT WAS A POOR MILLIONS AND THERE'S A LOCAL OPTION THAT HAS TO BE 25% OF THE ALTERNATIVE THAT SUCKS, AND IT HAS TO COME FROM SOMEWHERE. THAT'S PROBABLY WHAT TRANSPORTATION DID WHICH WAS GREAT THAT THEY DID IT, BUT I WANTED TO BUMP IT UP A YEAR EARLY. IS THAT IF WE DID IT THEY WOULD HAVE TO SHIFT FUNDS AROUND AND THEY WOULD HAVE TO MOVE THEM OUT OF A PROJECT THAT THEY COULD USE THEIR FUNDS FOR WHICH FREES UP OUR 500,000. TECHNICALLY WE COULD FREE UP 500,000 THEN ASKED FOR THE MONEY BUT THEY WOULDN'T GIVE IT TO US.

IT'S NOT TECHNICALLY RAIL, BUT BEFORE WE DO IT WE CAN'T BRING IT TO DAYTONA BEACH. IT'S THE FIRST STEP OF MANY STEPS, BUT THERE IS NO REQUIREMENT. IF WE DO IT AND THEY SAY YES, YOU SHOULD DO IT, THE NUMBERS ARE THERE, WE STILL HAVE TO DO IT. BUT WITHOUT IT WE CAN'T.

I SUPPORT THE MOTION.

IF THE COUNCIL'S REPORT BUT IT'S SCIENTIFIC.

YOU HAVE TO HAVE YOUR MICROPHONE ON, AS DENYS. OR YOU CAN'T SPEAK.

ALSO JUST BECAUSE WE PASS IT DOESN'T MEAN THE TPO WON'T SPEAK. I HOPE THEY WOULD AFTER THIS.

RA, ALL THOSE IN FAVOR, PLEASE SIGNIFY BY SAYING, I.

ALL THOSE OPPOSED TO? SO CARRIED. ANYTHING ELSE?

I BROUGHT THIS UP A WHILE BACK AND I KNOW DEB BROUGHT IT UP A WHILE BACK, AND I KNOW EVERYONE'S GETTING A LOT OF E-MAILS, BUT I WOULD LIKE TO ONCE AGAIN BRING UP POSSIBLY OPENING UP FOR FLAGLER AVENUE BRIDGES TO HAVE INVOLVEMENT WITH FUNDING. THE BOARD IS A PORT TO MAC POINT IN TIME TO THINK AND MAKE A DECISION NO MATTER WHAT THEY THINK. TV IS KIND OF LIKE THE STATE DOES US, THE LOCALS MAKE THE HOME CHARTER, SO SHOULD THEY MAKE THE LOCAL DECISIONS? I THINK THE BOARD SHOULD MAKE IT AS WELL. I KNOW THERE'S A LOT OF PASSING, THEY ARE JUDGED FOUR TIMES PER YEAR SO I THINK THEY CAN HANDLE IT. I WILL PUT IT OUT THERE AGAIN, MOTION TO ALLOW FLAGLER AVENUE MERCHANTS TWO AT LEAST APPLY TO THE SOUTHEAST VOLUSIA ADVERTISING AUTHORITY FOR FUNDING ON CERTAIN MATTERS.

I SECOND.

I HAVE A MOTION AND ONE FROM THERE.

YES. JUST TO CLARIFY, THE MOTION AS I WOULD UNDERSTAND THAT RESTRICTION IS TO BUDGET CONDITIONS IMPOSED BY THE COUNCIL AND I BELIEVE IT WAS HIS FIRST MEETING AT SEPTEMBER OF 2012, MAKING THEM ELIGIBLE TO APPLY. IT MIGHT HAVE BEEN AUGUST, BUT IN THE LAST -- IN AUGUST OR SEPTEMBER, 2012, YOU IMPOSE CONDITIONS ON SOUTHEAST VOLUSIA ADVERTISING ASSOCIATE, SAYING THE FLAGLER AVENUE MERCHANTS ASSOCIATION, AND I THINK THERE WAS ONE OTHER, WOULD NOT BE ELIGIBLE TO RECEIVE FUNDS FROM CEBA.

(PLEASE STAND BY WHILE CAPTIONERS TRANSITION AT THIS TIME.)

.

I THINK THAT IS SOMETHING THAT THE AUTHORITIES NEED TO BE AWARE OF. IF KWOU DO HAVE AN -- IF YOU DO HAVE AN EVENT HERE, THAT IS A GREAT THING AND A PROPER EXPENDITURE, BUT IF IT'S SOMETHING THAT JUST BENEFITS LOCALS, THEN THAT'S ANOTHER QUESTION. THAT'S MY UNDERSTANDING.

I THINK AS I WOULD UNDERSTAND, IF THIS MOTION WERE TO PASS, THE APPLICATION WOULD REMAIN SUBJECT TO YOUR DIRECTION EARLIER THIS YEAR THAT THE -- THAT THE BUDGETS BE BASED UPON DATA AND THAT THIS SOUTHEAST -- THAT THAT BE ENTERING INTO SUCH AGREEMENTS OR FUNDING SUCH GRANT AGREEMENTS BASED UPON A FACTUAL BASIS THAT IT INCREASES THE TAXES PAID.

SUPPORT THE MOTION.

ALL RIGHT.

ONLY ONE COMMENT. THAT IS THAT I DO THINK IN TERMS OF WHY THAT HAPPENED, THE ISSUE OF SOUTHEAST WAS A LITTLE MORE RAW AT THAT TIME. THE COUNSEL HAD AN EXPECTATION THAT THEY WOULD GET A FINDING WITHIN SOME REASONABLE PERIOD OF TIME. NOW IT'S BEEN OVER A YEAR. I DON'T BELIEVE WHEN THAT WAS DONE THEY'D ANTICIPATED YOU'D BE SITTING HERE WITHOUT THAT CLOSURE TO COME ABOUT. I DON'T THINK IT WAS INTENDED FOR THIS TO GO ON FOREVER. WE HAVEN'T GOTTEN THE RESULTS.

ALL RIGHT.

THANK YOU. TIMING IS EVERYTHING. IN RESTORING THE ABILITY TO REQUEST FUNDING, WE'RE NOT SAYING IT'S GUARANTEED. THEY STILL NEED TO MEET ALL THE CRITERIA IN THE APPLICATION PROCESS. IT'S JUST NOW THEY HAVE THE ABILITY TO ONCE AGAIN APPLY. WE'RE NOT MAKING ANY GUARANTEES. I THINK YET AGAIN THAT -- AND YOU'RE RIGHT. I THINK IT'S TIME AND DUE DILIGENCE. YOU, AS MANAGER, USING YOUR DUE DILIGENCE, BUT IT IS TIME. IT'S BEEN A LONG TIME. SO WITH THAT IT'S -- I DO SECOND THE MOTION. HOPEFULLY WE CAN MOVE FORWARD.

OKAY. I ACTUALLY LIT UP MY LIGHT TOO. I DON'T HAVE A PROBLEM WITH GRANTS WITH A RETURN OF INVESTMENT. WE'VE HAD BEEN TALKING ABOUT BUDGETS AND MONEY. I WANT TO SEE A RETURN OF INVESTMENT ON THESE THINGS. THESE BAR CRAWLS THAT THEY WERE DOING EVERY OTHER WEEK, A WINE BAR CRAWL AND GO UP

TO THE NEXT STORE AND HAVE THEIR CARD AND ANOTHER GLASS OF WINE, BY THE TIME YOU GOT TO THE END OF THE STREET, THEY'RE USUALLY CRAWLING ON THE GROUND.

IT'S A BIKER CRAWL.

BUT BIKERS DON'T CRAWL. YOU FALL DOWN AND SLEEP .

YOU CARRY YOUR GLASS.

YOU JUST FALL DOWN AND SLEEP. I DON'T HAVE A PROBLEM WITH SUPPORTING LOCAL BUSINESSES TO DO WHAT OUR ADVERTISING AUTHORITIES ARE SUPPOSED TO DO WHICH IS ADVERTISE. AS LONG AS THEY CAN DO THESE EVENTS, I WANT A BUNCH OF OUT OF TOWNERS. I WANT TO SEE THEM COMING FROM TAMPA OR TALLAHASSEE OR PENSACOLA OR ALASKA AND ENJOY THE NICE WARM WEATHER. THAT'S WHAT I'D LIKE TO SEE. THAT'S WHAT THE AUTHORITIES ARE SUPPOSED TO DO. IN RESPECT TO THE REASON WHY -- AND I KNOW YOU THREE ARE HERE. DO YOU WANT YOUR SLIPS BACK AT THE END OF THIS? OKAY. THE REASONING THAT THIS WAS IMPOSED HAS STILL NOT BEEN REVOLVEDED. -- RESOLVED. AND I'VE ASKED YOU 1 00 TIMES AT LEAST, WHEN ARE WE GOING TO GET A RESOLUTION? MAYBE GET SOMEBODY ELSE INVOLVED.

THEY WERE DOING THE INVESTIGATION.

IS THERE ANYTHING WE CAN DO? DO WE CALL THEM UP ? I HAVE A PHONE. IS THERE --

I DON'T -- OTHER THAN RAISE THE ISSUE TO THE STATE LEVEL, BUT I THINK THAT THE ISSUE -- FDLE HAS BEEN DOWN SIZED. I THINK THEY FELL BEHIND EARLY ON. I THINK NOW THEY HAVE AN INVESTIGATOR WORKING THE CASE, SO.

CAN WE CHECK ON THAT?

I KNOW THEY HAD A COUPLE OF INVESTIGATORS THAT WERE -- NO LONGER WORKING THE CASE. NEW INVESTIGATORS WORKING THE CASE, AND I THINK HE'S GOING TO GET A CONCLUSION.

I DON'T CARE IF IT'S EXONERATION OR JAIL TIME. JUST GET IT DONE.

WE NEED CLOSURE.

I DON'T NEED THEM HANGING IN MY HAIR ALL THE TIME. PUN INTENDED.

I KNOW.

I'LL CALL YOU TOMORROW. IF WE CAN -- LIKE YOU SAID, IT'S JUST YOU HAVE THE ABILITY TO REAPPLY AND FULFILL ALL THE REQUIREMENTS AND DO THE JOB YOU'RE SUPPOSED TO BE DOING. I THINK MAYBE YOU ARE CORRECT. SO SO FAR SO GOOD. AND DO YOU HAVE SOMETHING TO SAY?

I JUST WANTED TO SPEAK IN SUPPORT OF THE MOTION. AS MUCH AS WHAT YOU ALL HAVE BEEN SAYING IS TRUE THAT THEY WILL MEET CERTAIN CRITERIA, SO I THINK THAT IT IS TIME THAT WE MOVE ON, AND WE DO HAVE THE ADVERTISING

AUTHORITIES THAT WILL BE SCREENING AND MAKING THE DECISION. I THINK THEY WILL SCREEN ALL APPLICANTS WELL. I THINK THE TIME IS RIGHT. THANK YOU.

THANK YOU. ANY FURTHER CONVERSATION ON THIS PARTICULAR ISSUE? OKAY. WE HAVE A MOTION TO LIFT THE BAN. ALL THOSE IN FAVOR PLEASE SAY I.

I.

ALL THOSE OPPOSED? SO BE IT. DO YOU WANT YOUR YELLOW SLIPS BACK? NO, WE DON'T HAVE SCRAP BOOKS HERE. THEY WILL NEED TO BE DEALT INTO THE RECORD. OKAY. THANK YOU VERY MUCH. WE'RE WATCHING YOU NOW. JUST REMEMBER. WE'RE WATCH ING YOU. MR. PATTERSON SAID HE WANTS YOU ON PROBATION. ANYTHING ELSE?

NO. I HAVEN'T HAD TWO THING THINGS PASS SIMULTANEOUSLY IN A WHILE, SO I'M STICKING WITH TWO.

OKAY. THE FLOOR IS YOURS.

THANK YOU, MR. CHAIR. I ATTENDED THE FIRST -- OR HUMAN SERVICES BOARD MEETING THIS WEEK, AND I WANT TO BRING TO YOUR ATTENTION THAT THE SUPERVISORS FROM OUR DEPARTMENT WERE IN ATTENDANCE AND A PART OF THE BOARD. AND THEY TALKED ABOUT THE WAITING OF OUR CITIZENS AS THEY -- SECRET SERVICES FOR HOUSING OF SUBSIDY OR WHATEVER THE HUMAN SERVICE NEED IS. THEY ARE COMING HERE SOMETIME AND WAITING OUTSIDE UNTIL TIME -- THEY CAN COME IN AND MAY COMING AS EARLY AS 5:00 AND 6:00 IN THE MORNING. THEY CAN ONLY SEE, I THINK, ABOUT 42 CARS A DAY. THEY MAY HAVE AT LEAST -- ANYWHERE BETWEEN 80 TO 100 THAT COME SEEKING SERVICES. I -- AND THEN AFTER THEY HAVE REACHED THE NUMBERS THAT THEY CAN SEE, FOLKS MAYBE HAVE WAITED ALL DAY, AND THEY SAY THAT'S THE END. YOU HAVE TO COME BACK TOMORROW. THEN WHEN YOU COME BACK TOMORROW, YOU GET IN THE LINE OR TAKE ANOTHER TICKET. IF YOU'RE SEEN THAT DAY, YOU'RE SEEN. BUT YOU MAY NOT BE SEEN. SO FOR EMERGENCY SERVICES OR SERVICES THATS YOU'RE REQUESTING COULD TAKE TWO DAYS. AND THIS IS BECAUSE OF THE CERTAIN REQUIREMENTS THAT YOU HAVE TO HAVE AND THE STAFFING ISSUE IS THE GREATEST PROBLEM. SO I WANT THE COUNCIL TO BE AWARE THAT IF YOU HAVE THREE COUNSELS AND YOU CAN ONLY SEE 40 OR 50 PEOPLE A DAY AND YOU HAVE 100, WE NEED TO BE LOOKING AT POSSIBLY INCREASING THE NUMBER OF FOLKS WE HAVE ON STAFF. WE HAVE THREE CASE WORKERS, AND THAT'S JUST -- THAT'S SOMETHING WE OUGHT TO BE LOOKING AT. IT'S JUST -- TO ME IS UNACCEPTABLE THAT FOR FOLKS NEEDING SERVICES. AND WE DON'T HAVE THE STAFF. I UNDERSTAND STAFFING IS A PROBLEM AND I UNDERSTAND MONEY IS TIGHT, BUT ALSO UNDERSTAND HUMAN SERVICES NEEDS OR SOMETIME IT TAKES FOLKS A LONG TIME TO JUST GET THE COURAGE TO COME TO ASK FOR HELP. TO HAVE TO WAIT LIKE THAT, I THINK WE OUGHT TO -- I WOULD JUST ASK THAT STAFF WOULD LOOK INTO DEALING WITH THE FACT THAT THE LINES ARE LONG AND THE WAIT COULD VERY WELL BE TWO DAYS OR LONGER. MR. DEAN?

I THINK YOU HAVE STATED THE PROBLEM PRETTY CLEARLY. IT'S -- WE HAVE TO RESPECT THE PROCESS AND RESPECT THE PEOPLE WHEN WE PROCESS THEM SO THERE'S NO WAY TO RUSH THEM THROUGH. THE PROBLEM IS TWO-FOLD. ONE IT'S THE ABILITY FOR MONEY FOR STAFF. THE SECOND IS THE NEEDS ARE STILL -- THE NEEDS ARE STILL THERE AND THERE'S STILL A LOT OF PEOPLE THAT FALL THROUGH THE CRACK. WE'RE THE LAST SOCIAL SERVICE NET AROUND ALMOST. I COULD BRING FORWARD -- AND I WOULD FEEL MORE COMFORTABLE NOW BECAUSE WE'VE SETTLED ON

A BUDGET. WE COULD LOOK AT COMING FORWARD WITH A PLAN TO MAYBE ADD A COUPLE OF PEOPLE, AND DO THEM ON TEMPORARIES. WE WOULDN'T HIRE FULL-TIME PEOPLE. I COULD LOOK AT WHAT EFFECT THAT WOULD HAVE ON THE WAIT TIME, AND THEN HOPEFULLY IF THE DEMAND STARTS TO SLOW SOME, THEN WE COULD DEAL WITH THEM. BUT I THINK SHE HAS A GOOD POINT. IF THEY WAIT, THEY HAVE TO WAIT A LONG TIME. I'VE VERY SYMPATHETIC TO THAT. BUT WE CUT EVERYWHERE ACROSS AM BOARD, AND THIS IS ONE -- ACROSS THE BOARD, AND THIS IS ONE OF THE PLACES WE CUT. I'M NOT SUGGESTING THAT YOU MAKE A DECISION TODAY, BUT WE COULD SEE WHAT WE COULD DO USING SOME TEMPORARY PEOPLE. I CAN NOT DISAGREE WITH YOUR ASSESSMENT OF THE SITUATION.

THANK YOU. AS FOR ME, THAT'S WHAT I WAS HOPING YOU WOULD TAKE A LOOK AT AND SEE WHAT WE CAN DO. AND IF THERE'S SOMETHING WE CAN DO. IT'S JUST, TO ME, APPALLING THAT WE'RE IN THIS SITUATION. I UNDERSTAND HOW WE GOT HERE. A LOT OF FOLK ARE HURTING. IF WE CAN DO BETTER, WE OUGHT TO DO BETTER. MY SECOND CERTAIN IS, I WANT TO SPEAK FOR A MOMENT ABOUT THE INTERNSHIP PROGRAM THAT WE HAVE IMPLEMENTED. COULD WE POSSIBLY GET A REPORT ABOUT THE PROGRAM? HOW MANY FOLK WE HAVE IN THE PROGRAM? WHERE ARE WE IN THE PROGRAM? AND WHAT DEPARTMENTS THEY'RE IN? HOW MANY OF THOSE FOLKS HAVE GAINED EMPLOYMENT HERE. AND IF THAT COULD BE DONE, I WOULD APPRECIATE HAVING SOME TIME OF REPORT ON THE INTERNSHIP PROGRAM.

CAN DO.

APPRECIATE IT. THOSE ARE MY ONLY CONCERN S. THANK YOU.

THANK YOU. MR. DANIELS.

THANK YOU. I HAVE A COUPLE OF THINGS. LET'S SEE. FIRST OF ALL I WANT TO CONGRATULATE YOU ON YOUR VIDEO. THAT WAS NICE. I HAVE TRIED TO TAKE PICTURES MYSELF, AND THEY DO NOT COME OUT NEARLY THAT WELL.

WELL, IT'S NICE TO HAVE A FLASH BULB THAT GOES AUTOMATICALLY.

I'M COMING ALONG. ONE OF THE ISSUES I'D LIKE TO BRING UP IS TIMBER CREEK ROAD. EVERY TIME I GO TO THE STARBUCKS DOWN THERE ON HIGHWAY 40, EVERYBODY COMES IN, AND IT'S ABSOLUTELY RAISING SAND, SHALL WE SAY. ABOUT THE CONSTRUCTION THAT'S GOING ON THERE, APPARENTLY EVEN IN THE MORNING WHEN THE TRAFFIC IS VERY HEAVY, THERE'S ONE LANE. THEY HAVE A FLAGMAN OUT THERE HOLDING UP TRAFFIC SO ONE LANE CAN GO AND THEN ANOTHER LANE GOES. THERE'S A LOT OF PEOPLE THAT ARE TRYING TO GET OUT OF THAT -- TIMBER CREEK AT ONE TIME. IT'S, YOU KNOW, THE COUNTY IS NOT THE ONE OUT THERE DOING THE CONSTRUCTION, BUT I THINK OUR GUYS OUT THERE COULD PROBABLY ORGANIZE IT IS BIT BETTER. IT'S REALLY CREATING A LOT OF ANGER OUT THERE. I WOULD APPRECIATE IT IF JERRY COULD REVIEW THE SITUATION. ESPECIALLY IN PEAK TRAFFIC TIME IT'S STARTING TO BECOME A PROBLEM.

WE'LL GET ON THAT. JERRY CAN LOOK AT THAT . IT'S NOT THE FIRST TIME IT'S HAPPENED. WHY DON'T YOU LOOK AT IT, JERRY?

I THINK YOU NEED TO STAY AWAY FROM STAR BUCKS. -- STARBUCKS.

IS THAT ONE OF OUR ROADS? NOT A CITY ROAD?

ABSOLUTE LY IT IS A MESS, BUT IT'S A -- WE'LL CHECK INTO IT AND GET WITH OUR INSPECTORS AND MAKE SURE THEY'RE DOING EVERYTHING POSSIBLE. BUT IT IS A RIGHT-OF-WAY IN THE WORLD. SO THOSE LANE CLOSURES ARE NECESSARY, BUT WE'LL CHECK INTO IT AND SEE IF IT'S BEING DONE THE MOST PROFICIENT WAY. IT ABSOLUTELY IS A WAR ZONE. AND THAT'S SIMPLY BECAUSE IT'S ONE NARROW RIGHT-OF-WAY. AND THERE'S JUST NO WAY TO BUILD A RUN AROUND SO THAT YOU CAN KEEP TWO LANES OPEN. I'LL LOOK AT IT AND SEE IF WE CAN MAKE SOME IMPROVEMENTS.

LET'S DO THIS. TAKE A LOOK AT IT . YOU CAN DO A QUICK REPORT BACK NEXT WEEK SO WE CAN ADDRESS IT. I'D APPRECIATE IF YOU'D FIND A WORD OTHER THAN WAR ZONE, THOUGH.

HE HASN'T DRIVEN OUT THERE, HAS HE?

YOU MAY BE CORRECT, BUT.

REALLY THE ONLY SAVING GRACE IS A LOT OF THOSE PEOPLE LIVE IN FLAGLER COUNTY.

BUT IT'S THE PAIN BEFORE THE GAIN. IT'S A TOUGH PROJECT FOR ANY CONTRACTOR. BUT I WILL MAKE SURE THAT WE'RE ON OUR BEST GAME THERE.

THE SAD THING IS WHEN WE QUIT HAVING THOSE KIND OF ISSUES IS BECAUSE WE'RE NOT DOING ANY ROAD CONSTRUCTION.

THEY'LL BE PARKED THERE AND FUMING AND THERE WON'T BE ANY SIGNS. SO. THE OTHER THING I HAVE IS -- AND THIS IS SOMETHING WE TALKED ABOUT EARLIER. THAT IS LAKE HELEN. THEY WERE CURIOUS ABOUT HOW MANY FIRE CALLS THERE HAD BEEN OR EMERGENCY CALLS IN THEIR CITY. I'D LIKE TO GET THAT NUMBER SO I COULD GIVE THAT TO THEM.

WE ACTUALLY ALREADY WORKED ON GETTING IT TO THEM. IF I CAN ADD, ONE OF THE THINGS THAT WHEN YOU GET REALLY BUSY ON SOMETHING, SOMETIMES THE OBVIOUS ESCAPES YOU. WE HAVE HELD THE FIRE RATE WHERE IT'S AT. IT'S A RELATIVELY HIGH RATE. NOT -- THE LAKE HELEN THING BROUGHT IT TO A HEAD, BUT WE WEREN'T REALLY THINKING ABOUT IF WE RAISE THE RATE, IT REALLY IMPACTS THEIR CAP. SO THAT'S THE OTHER THING THAT CAME OUT OF THIS. I THINK PIERSON IS A 9.9? SO THAT'S -- THEY DID IT ON THEIR OWN AND GOT IN TROUBLE. IF WE PUSHED OUR CAP UP, IT WOULD SIGNIFICANTLY HURT THEM.

OKAY. AND THE -- AND THE NORTH PENINSULA, I UNDERSTAND THAT'S MOVING WELL, AND THANK YOU, MARY ANN. I WAS GOING TO COME UP WITH AN APPOINTMENT OF SPECIAL COUNSEL, BUT WE SHOULD WAIT UNTIL WE HAVE THE FULL. THAT'S ALL I HAVE.

THANK YOU. AND MS. DENYS?

TWO TWO OF MY ISSUES HAVE ALREADY BEEN ADDRESSED. JUST A REALLY QUICK REPORT. YESTERDAY I WAS SHADOWED BY ONE OF OUR CITIZENS ACADEMY MEMBERS, JOHN McKEELIS. HE WAS AT THE TPO MEETING THEN I TOOK HIM TO LUNCH. I THINK HE LEARNED A LOT. I REALLY HAVE TO THANK STAFF. I TOOK A TOUR OF THE BOSTON WHALER PLANT. THEY HAVE OVER 300,000 SQUARE FEET ON 50 ACRES. THEY'RE GETTING READY TO INCREASE IT 20%. AT ANOTHER 60,000 SQUARE FEET.

AND WE DID THE TOUR, AND -- I CAN WAIT. YOU NEED TO KNOW HOW GOOD BOSTON WHALER IS. YOU NEED TO KNOW THIS. BUT WHAT'S SO IMPRESSIVE ABOUT THIS IS WHAT STAFF HAS DONE. LIKE I SAID, WE VISITED AND MET WITH THE PRESIDENT. THEY ALL THANKED VOLUSIA COUNTY BECAUSE IT'S THE FIRST TIME THEY WENT OUT FOR GRANTS. THEY'VE BEEN SO IMPRESSED WITH OUR COUNTY AND HOW WE MADE THIS EXPANSION POSSIBLE FOR THEM. IT WAS NOTHING BUT KUDOS. SO PLEASE PASS THAT ON. IT WAS REALLY IMPRESSIVE WHAT'S BEEN ACCOMPLISHED.

I REALLY APPREC IATE YOUR COMMENTS. OUR REAL FOCUS, AND THAT'S WHY TEAM VOLUSIA WAS TRYING TO GET PEOPLE AND CALL PROSPECTS IN. THAT WASN'T OUR MAIN FOCUS. OUR REAL FOCUS WAS ON EXPANDING AND KEEPING BUSINESSES. I APPRECIATE WHAT YOU SAID, BECAUSE I HEAR FROM A LOT OF BUSINESSES WHO BELIEVE OUR STAFF HAS HELPED THEM A LOT. THE WORD OUT THERE, IS IF YOU HAVE ANY ISSUE BEFORE YOU START HAVING A PROBLEM OR EXPANDING, PLEASE CALL OUR OFFICE. IN MY OLD JOB, WE SPENT ALL THIS MONEY, AND WE FOUND THE BEST WAY WAS TO EXPAND LOCAL BUSINESSES.

I THINK IT'S ABSOLUTELY KEY. THE GOALS THAT THEY SENT FOR SALES AND PRODUCTION IN -- FOR 2017, THEY HAVE ALREADY HIT IN PRODUCTION AND SALES. IT IS AMAZING. THERE ARE SOME ECONOMIC INDICATORS THAT ARE VERY STRONG IN OUR AREA. IT WAS ANNOUNCED IN PARTNERSHIP OF THE BEACH AND AIRPORT. THEY JUST BROUGHT THAT TURBINE ENGINE THAT WILL CREATE 55 JOBS. SO THERE'S BIG THINGS HAPPENING. IT'S VERY ENCOURAGING TO BE A PART OF THAT. GREAT JOB, MR. MANAGER. GREAT STAFF. >> OKAY. MR. WAGNER AND PATTERSON BOTH SAID WE FORGOT SAID. WE DON'T NORMALLY DO THIS. GO AHEAD.

ABOUT THE SPECIAL INVESTIGATOR. WE GOT A MEMO FROM DAN. I WOULD JUST LIKE CLARIFICATION. I KNOW THE DISCUSSION LAST TIME. WE GOT A MEMO SAYING THAT'S NOT IN OUR CHARTER.

SO HE'S REFERRING TO YOU.

I GUESS THE MEMO SPEAKS FOR ITSELF, SO.

I DON'T HAVE ANYTHING TO SAY BEYOND THE MEMO.

IF THE MEMO IS SAYING THAT WE DON'T HAVE THE AUTHORITY TO DO IT, BUT THE MOTION WAS OUT THERE TO DO IT, AREN'T WE AT A BIT OF A --

A BIT OF A QUANDARY HERE.

IF LEGAL DEPARTMENT SAYS IT'S NOT PERMISSIBLE, THEN DOES THE MOTION EXIST? I DON'T KNOW PROCEDURELY BECAUSE IT'S SO NEW. I'VE NEVER SEEN IT.

I'VE ACTUALLY LOOKED IT OVER AND FIND OUT WHAT TO DO. I DON'T KNOW WHERE WE CAN GO WITH IT. UNLESS MR. DANIELS WOULD LIKE TO RESEND IT.

ABSOLUTELY NOT. I DO NOT AGREE WITH THE MEMO. I WAS VERY DISAPPOINTED IN THE MEMO. I THINK DR. BAILEY SAID IT BEST. THE PURPOSE OF THIS PRO VISION WAS TO GRANT BROAD POUSH POWER TO THE COUNSEL AND GIVE IT THE POWER IT NEEDED TO READ OUT WRONG DOING AND CORRUPTION. IT'S NOT A SHIELD FOR IT. I THINK IF WE WENT THE WAY THE COUNTY MANAGER -- EXCUSE ME, COUNTY ATTORNEY SAYS TO DO IT, WE WOULD HAVE A THREE-RING CIRCUS. IT WOULD NOT WORK. I DO NOT BELIEVE THAT DR. BAILEY AND THE OTHER DRAFTERS

INTENDED THAT THE RESULT. PROPER INVESTIGATION NEEDS CONFIDENT STAFF WORK. IT NEEDS TO BE PREPARED. WE HAVE TO HAVE STAFF AND SPECIAL COUNCIL GOING OUT, ASKING QUESTIONS, GATHERING INFORMATION, AND THEN HAVE THEM COME BEFORE THE COUNTY COUNCIL AND PRESERVEING EVIDENCE. I WOULD ASSUME WHEN THEY PRESENT EVIDENCE THAT THE COUNTY COUNCIL WILL BE ABLE TO ASK QUESTIONS THAT -- IF, YOU KNOW, AND IT WOULD BE CONDUCTED IN THAT FASHION. NOT IN AN ORDERLY WAY. AN ORDERLY WAY THAT WOULD AGAIN IT DONE. IF YOU LOOK TO CHECK ROBERT'S RULES OF ORDER AS FAR AS INVESTIGATIONS ARE DONE THERE AND USE IT AS A MODEL, I THINK YOU WOULD BE CLOSER TO IT. THEY DON'T TALK ABOUT HIRING SOMEONE TO REPRESENT THE ORGANIZATION, BUT ABOUT DELEGATING THE POWER OF THE INVESTIGATION TO A GROUP. BUT A SMALL STEP TO DELEGATE THE POWER TO INVESTIGATORS WHO CAN ACTUALLY GO OUT AND PUT TOGETHER PRESENTATION, BRING IT IN, AND GET IT DONE IN A WAY THAT IS ORDERLY AND QUICK. GET IT DONE IN A WAY THAT IS OPEN, FREE, AND FAIR.

IF I MAY INQUIRE. YOUR WHOLE INTENTION IS TO INVESTIGATE -- ACCORDING TO THE COUNTY CHARTER, THE 309 PROVISION WAS SET FORTH TO INVESTIGATE COUNTY CORRUPTION; CORRECT?

I MEAN --

AND WHAT I READ IN THE PAPER THE OTHER DAY AND YOUR STATEMENT. I MEAN -- CORRECT? RIGHT?

THAT IS, I BELIEVE, WHAT IT WAS INTENDED TO DO. IF YOU LOOK AT THE COMMENTS OF DR. BAILEY WHO WAS THE FOUNDING FATHER ON -- THAT'S WHAT DR. BAILEY SAYS. HE'S TALKING ABOUT THE RUMORS OF PETTY CORRUPTION, UNPROVEN, AND THIS PROVISION WAS PUT IN TO CORRECT THAT PROBLEM.

I KNOW.

HE WAS PRESIDENT OF CREATION AND WAS ONE OF THE PRIMARY AUTHORS OF THIS CHARTER.

OKAY. WHEN THESE SITUATIONS TOOK -- I GUESS, SHOWED THEIR UGLY HEADS, THE COUNCIL MEMBERS WERE NOT PART OF THE GOVERNMENT YET CANDIDATES.

THERE'S SEVERAL THINGS THAT ARE GOING ON THAT I THINK YOU'RE MISSING IN THAT REGARD.

WELL, THEY WERE NOT ELECTED. THEY WERE PRIVATE CITIZENS ON A CAMPAIGN TRAIL. THEY WERE NOT PART OF THE GOVERNMENT. SO THEREFORE, THERE SHOULD BE -- THERE IS NO AUTHORITY BECAUSE THEY WERE CITIZENS.

A COUPLE THINGS I THINK YOU'RE MISSING. I WOULD RECOMMEND THAT WE DO RATHER THAN ARGUE ABOUT WHAT CAN AND CAN'T BE DONE IS LET'S HIRE SPECIAL COUNCIL. LET'S GIVE THEM THE OBLIGATION TO COME BACK WITH PROCEDURES AS TO HOW THEY THINK THIS SHOULD BE DONE. THE COUNSEL CAN REVIEW THOSE PROCEDURES, CHANGE THEM, MOVE THEM AROUND. BUT PASS THE PROCEDURES THAT ARE NECESSARY TO GET THIS DONE EFFICIENTLY. IF THERE ARE THINGS THAT THE SPECIAL COUNSEL DETERMINES THAT COULD NOT BE INVESTIGATED, WELL, THAT WOULD BE FINE. TO ME LOOKING AT IT -- AND THIS IS ONLY MY OPINION. WOULD BE AT YOU WOULD LOOK AT THE WAY THE CONTRACT WAS HANDLED. THE WAY THE RFP WAS HANDLED. YOU WOULD LOOK AT A NUMBER OF THINGS, YOU KNOW, WHERE BUS

BENCHES WERE PLACED. LOOK AT ALL THOSE ISSUES. LOOK AT WHAT CANDIDATES -- THE ELECTIONS.

DON'T WE HAVE A WORKSHOP COMING UP ON THIS ISSUE?

I DON'T THINK SO.

BECAUSE WE COULD SIT HERE FOR THE 12 OR 14 HOURS DISCUSSING THIS ISSUE. WE CAN'T JUST SAY, OKAY. GO OUT THERE AND START INVESTIGATING. WE HAVE TO VOTE ON IT. WE HAVE THE SET THE POLICY PROCEDURE.

WHAT WE WOULD WANT TO DO IS HIRE THE SPECIAL COUNSEL THAT WE WANT, GET THEIR RECOMMENDATIONS, AND MOVE ON FROM THERE. WE WOULD NOT BE WANTING TO INVENT THINGS.

SO LET'S START WITH STEP 1. WHAT IS STEP WITH UN 1? DO WE SAY, WE'LL JUST PICK --

WE DON'T.

WE DON'T.

NO. WE WAIT UNTIL WE HAVE A FULL COMPLIMENT ON THE COUNSEL AND HAVE NOMINATIONS AND SELECT ONE.

OKAY. THAT WILL BE IN FIVE WEEKS, RIGHT?

IT'S A PITY IT WILL TAKE THAT LONG. I'M SORRY THAT IT WILL.

OKAY. I'M SORRY, MR. WAGNER. YOU STILL HAVE THE FLOOR.

IT MIGHT BE GOOD TO READ THE CHARTER. IF YOU'RE HIRING SPECIAL COUNSEL, IT'S UPON THE RECOMMENDATION OF OUR COUNTY ATTORNEY. LET'S NOT FORGET IT'S OUR COUNTY ATTORNEY. UNTIL HE OTHERWISE SAYS HE HAS A CONFLICT OR GIVES A RECOMMENDATION, OR LIKE IF WE DIDN'T HAVE AN ATTORNEY -- EASEMENTS OR SOMETHING SILLY, HE'D SAY YOU'D NEED A SPECIALIST. THAT'S NOT THE CASE. I HAVE ALL THE CONFIDENCE IN OUR COUNTY ATTORNEY. THE DECISION THAT'S BEING MADE IS THEY'RE TELLING THE COUNSEL THAT YOU MADE A DECISION THAT'S OUTSIDE THE SCOPE OF THE CHARTER. I DON'T CARE WHAT DR. BAILEY SAID. IF HE HASN'T READ THAT PART OF THE CHARTER, DON'T USE THE WORD SHALL. IF WE'RE GOING TO DO IT THE RIGHT WAY, IT'S TO HAVE AN OPEN HEARING, WHICH I WILL SUPPORT THE INVESTIGATION. MY WHOLE ARGUMENT WASN'T THE FACT OF DOING AN INVESTIGATION. THERE'S NOTHING TO HIDE. THAT SHOULD FOLLOW THE CHARTER AND BE IN AN OPEN MEETING. YOU TALKED ABOUT TRANSPARENCY IN THE PAPER. IF YOU BELIEVE IN THAT, THEN WHY WOULD YOU HAVE THIS OUTSIDE OF THE PUBLIC? IF YOU'RE GOING TO DO IT, YOU DO IT IN THE PUBLIC. THAT'S WHY THE CHARTER IS SET UP IN THE WAY IT IS. SHALL WHILE IN SESSION. THAT'S THE WHOLE POINT. YOU DON'T ASSIGN AND DEPUTIZE SOMEBODY. IT SAYS, FOR AN INVESTIGATION, THIS IS WHAT YOU DO. IT COULD NOT BE MORE CLEAR. NOW IF EVERYONE STARTS MAKING DECISIONS AND ACTING OUTSIDE OF THE CHARTER, I'M NOT GOING TO BE ON THAT LAWSUIT IF SOMETHING HAPPENS. LET'S SAY THERE'S DAMAGING STATEMENTS, THE PERSON YOU'RE TRYING TO DEPUTIZE IS NOT GOING TO HAVE LAW ENFORCEMENT IMMUNITY TO WHAT THEIR REPORT SAYS. IF YOU'RE ACTING OUTSIDE THE CHARTER, WHICH OUR ATTORNEY IS

ADVISING YOU THAT YOU ARE, IF HE'S TELLING YOU YOU CAN'T DO SOMETHING AND YOU DO IT, YOU'RE ACTING OUTSIDE THE SCOPE OF THE CHARTER. YOU PUT YOURSELF IN A VERY INTERESTING POSITION, WHICH I HAVE NOT SEEN IN FIVE YEARS. I WAS ON THE LOSING END OF THAT VOTE BECAUSE I DON'T AGREE WITH HOW THAT'S TAKING PLACE. I LOOK AT IT THE SAME WAY. IF EVERYONE IS FOR DOING THINGS IN THE PUBLIC, DO IT AS THE CHARTER SAYS. THE TRANSPARENCY IS IN FRONT OF YOU. NOT IN A BACK ROOM WITH SOME PERSON'S NAME WE'RE PULLING OUT OF A HAT. IT DOESN'T MAKE ANY SENSE TO DO IT THAT WAY. YOU SPEND A DAY AND GO THROUGH THE DOCUMENTS. THAT'S THE WAY YOU DO IT IF YOU WANT TO INVESTIGATE CORRUPTION. THAT'S TRANSPARENCY. I DON'T KNOW HOW YOU CAN LOOK AT IT ANY OTHER WAY. I THINK THE COUNSEL NEEDS TO RECOGNIZE THE FACT THAT OUR ATTORNEY ADVISED THAT THE VOTE WAS OUTSIDE THE SCOPE OF THE CHARTER. THAT'S WHAT IT SAYS. SO THOSE ON THE WINNING END OF THAT, YOU NEED TO UNDERSTAND WHAT COULD HAPPEN WITH YOUR VOTE. YOU ARE LITERALLY VOTING TO BE OUTSIDE OF OUR OWN CHARTER. DR. BAILEY IS NOT OUR ATTORNEY. HE'S SITTING ON THE END WHO WROTE THE MEMO WHICH WAS BACKED UP BY SUBSTANTIAL CASE LAW.

OKAY. HOPEFULLY WE CAN MOVE ALONG HERE.

THANK YOU. I WAS ON THE PREVAILING SIDE ON THAT VOTE. HAVING THE INFORMATION THAT I HAVE BEFORE ME TODAY THAT WE WERE ACTING OUTSIDE OF THE SCOPE OF THE CHARTER, I'M IN THE POSITION -- AND YOU MIGHT HELP ME WITH THIS, TO CALL FOR A REVOTE ON THAT.

YOU ARE CORRECT, MA'AM. SO IT WOULD BE ALSO A MOTION AND A SECOND.

I WOULD SECOND IT, BUT CAN THE MOTION BE --

NO. THE MOTION AND THE SECOND HAVE TO BE FROM THE WINNING SIDE.

I WAS ON THE PREVAILING SIDE. AND I WANT THE -- TO BE -- WHAT I WANT TO HAVE THE MOTION TO STATE THAT WE WILL HAVE THE INVESTIGATION. I HAVE NO HIDDEN AGENDA. AND I WANT TO BE ABLE TO HEAR EVERYTHING THAT IS BEING SAID. I DON'T WANT ANYONE ELSE TO HAVE TO INTERPRET FOR ME WHAT I AM BEING SOMEONE OR ALLEGED TO HAVE DONE OR NOT HAVE DONE. I WANT AN OPEN INVESTIGATION. COME HERE. WE WILL ASSEMBLE OURSELVES WHEN WE HAVE A SENATE INVESTIGATION. LET'S PRESENT TO THE COUNCIL. THAT'S WITHIN THE SCOPE THAT WE HAVE AS ELECTED OFFICIALS HERE. SO BEING ON THE PREVAILING SIDE OF THAT MOTION, THEN I WOULD SAY THAT I WITHDRAW MY MOTION. MINE WOULD BE THAT WE HAVE AN INVESTIGATION HERE AS THE COUNCIL MEMBERS. THAT IS WITHIN THE SCOPE OF THE CHARTER.

OKAY. SO THERE'S A MOTION ON THE FLOOR FOR A 309 INVESTIGATION RIGHT HERE. CORRECT? THAT IS THE MOTION. ENTERTAIN A SECOND. GOING ONCE. THIRD SECOND. THE MOTION FAILS. I'M SORRY. MR. DANIELS. HOPEFULLY WE CAN MOVE FORWARD.

ONE MORE TIME. THE INVESTIGATOR WILL DO WHAT INVESTIGATORS DO. THAT WOULD BE GO OUT AND CONDUCT WITNESS INTERVIEWS, ORGANIZE THE PRESENTATION, BE RESPONSIBLE FOR THE PRESENTATION. ANYONE ON THE COUNTY COUNCIL CAN ASK ANY QUESTIONS THEY WANT. IT'S BEEN AROUND FOR LONG TIME. THE U.S. SENATE AND CONGRESSIONAL INVESTIGATIONS ALL HAVE INVESTIGATORS THAT PUT THIS INFORMATION TOGETHER. THIS IS NO DIFFERENT. IF YOU LOOK AT

THE LITERAL WORDING OF THE PROVISION OF THE CHARTER, I THINK IT FITS WELL WITHIN IT. ISN'T IT TRUE THAT YOU INTERPRET THINGS LIKE DOCUMENTS LIKE THIS FOR THE BENEFITS OF THE PUBLIC? ISN'T THAT ONE OF THE PRIMARY STATUTORY INTERPRETATIONS? YOU NEED TO LOOK. IT IS. AND IF YOU DON'T DO IT THIS WAY, IF YOU DON'T DO IT, THEN WHAT YOU'RE GOING TO WIND UP HAVING IS A 3-RING CIRCUS THAT IS NOT GOING TO GO ANYWHERE. A 2-RING CIRCUS THAT IS NOT GOING TO GO ANYWHERE. WE NEED TO DO THIS ON A PROFESSIONAL WAY. WE NEED TO BE VERY PROFESSIONAL ABOUT WHAT WE'RE DOING. I THINK IT'S VERY IMPORTANT THAT WE HIRE OUTSIDE COUNCIL TO ADVISE US ON HOW THIS SHOULD BE DONE AND WHAT ARE RIGHTS HERE ARE. THIS WOULD TOUCH ON A NUMBER OF PEOPLE THAT MR. ECKERT HAS WORKED WITH. IT IS THE SORT OF CONFLICT SITUATION THAT MOST ATTORNEYS WOULD RUN FROM. ABSOLUTELY, IN THE VERY BEGINNING, THEY WOULD NOT STAND BY AND BE A PART OF SOMETHING LIKE THAT. THE WAY THIS IS HANDLED HAS BEEN TROUBLING. IT HAS NOT DIMINISHED THE ODOR. I WOULD SAY THE FISH MILL HAS ALMOST GOTTEN WORSE. THE MEMO THAT WAS WRITTEN THAT TURNS THIS INTO THE TYPE OF EVENT THAT WOULD NOT BE GOING ANYWHERE, THAT WOULD BE VERY DIFFICULT TO CONTROL, IS NOT GOOD FOR THE PUBLIC OR THE COUNTY. THE FACT THAT THE MEMO WAS GIVEN OUT THE DAY BEFORE THIS COUNSEL MEETING IS NOT GOOD. I UNDERSTAND THE MEMO WAS PROBABLY DONE OVER THE WEEKEND BUT WAS NOT GIVEN TO US UNTIL WEDNESDAY. I UNDERSTAND THE DOCUMENTS THAT ARE ON THIS DRIVE RIGHT HERE WERE DONE BY MONDAY. THAT IS NOT GOOD. THAT'S NOT HOW THINGS ARE DONE. I ASKED FOR THESE DOCUMENTS ON OCTOBER 7. I DID NOT GET THEM, SO 10 DAYS LATER I SENT OUT ANOTHER REQUEST, AND NOW THEY TURN UP LOW AND BEHOLD THE DAY OF THE COUNCIL MEETING. LET ME ASK MR. ECKERT SOMETHING. DID YOU FIND ANYTHING IN THESE DOCUMENTS THAT WERE TROUBLING TO YOU? I HAVEN'T HAD A CHANCE TO LOOK AT THEM. DID YOU FIND ANYTHING TROUBLING TO YOU?

THERE'S A SEPTEMBER, 2010 , E-MAIL FROM MR. WAGNER WHERE HE'S COMMENTING UPON THE RFP THAT I DON'T UNDERSTAND THE CONTEXT OF THAT. I'M SURE THERE'S -- I DON'T KNOW WHAT THE EXPLANATION IS.

WHAT RFP IS THAT? THE WAVERLY RFP?

WELL , IT WASN'T -- IT WAS TO BECOME THE BUS BENCH.

SO HE WAS IN -- WHAT WERE HIS COMMENTS?

WHY DON'T YOU PULL UP THE DOCUMENT?

I DON'T HAVE MY LAPTOP.

DO YOU RECALL WHAT THE COMMENTS WERE?

IT WAS VERY DETAILED.

AND WERE THOSE INCORPORATED INTO THE RFP?

NOT IN ALL CASES. THERE WAS SOME REACTION. SOME NOT.

WHY DO YOU FIND THAT TROUBLING?

I WANT EVERYONE TO BE VERY CAREFUL WITH THEIR WORDS OF ACCUSING OF TROUBLING. BE VERY CAREFUL.

WE CAN PULL THE DOCUMENT UP.

I ASKED IF HE FOUND ANYTHING TROUBLING.

WHAT PAGE IS THIS DOCUMENT? WHAT PAGE OR NOTATION?

I'M SORRY . I DON'T HAVE THE DOCUMENTS IN FRONT OF ME. THEY WERE POSTED AS -- I WOULD SAY THEY'RE POSTED AND SENT TO THE COUNSEL YESTERDAY AFTERNOON.

IT SEEMS THIS DOCUMENT -- WE JUST GOT OUR JUMP DRIVES TODAY. I WOULD RATHER INSTEAD OF MAKING A JUMP TO SOME SORT OF CONCLUSION.

NO. THE WORD TROUBLING WAS USED. THERE'S NOTHING TROUBLING ABOUT A COUNSEL MEMBER COMMENTING THAT IT'S TROUBLING. THAT'S MY JOB.

DO YOU USUALLY SEND OUT RFPS TO COUNCIL MEMBERS BEFORE THEY GO OUT?

WELL, THIS WAS -- THE DRAFT OF THIS WAS BEING MADE. HE COMMENTED UPON IT -- IT -- IT'S -- DOES NOT HAVE A PREDICATE FOR IT, THE DOCUMENT ITSELF. TROUBLING WOULD BE -- MAYBE NOT BE THE APPROPRIATE WORD. I JUST QUESTIONED WHAT PROMPTED IT. SO --

BUT THE WORD TROUBLING WAS USED. DO YOU REALIZE THAT?

I'M ASKING THE COUNTY ATTORNEY QUESTIONS. ORDER. WOULD YOU SAY THAT YOU REFERRED TO IT AS TROUBLING.

YOU DID, DOUG.

WOULD YOU CONSIDER THAT INTERFERING WITH THE PERFORMANCE OF THE DUTY OF AN EMPLOYEE OF A COUNTY?

THE MEMO WILL SPEAK FOR ITSELF. HE SAYS HE'S NOT GIVING DIRECTION.

WELL, YOU HAVE THE EXPERIENCED LEGAL OPINIONS ON OTHER THINGS WITH NO AUTHORITY TO BACK IT UP. WHAT ABOUT THIS ONE?

OKAY. I NEED THE DOCUMENT. .

YOU CAN'T PULL IT UP ON YOUR COMPUTER?

GIVE ME THE JUMP DRIVE.

I DON'T HAVE IT. YES, I DO. I THINK I HAVE ONE.

SINCE YOU HAD INITIALLY CHARACTERIZED SOMETHING THAT WOULD BE TROUBLING, DID YOU INCLUDE THIS IN A MEMO TO THE COUNTY COUNSEL? ?

NO, SIR.

SO YOU INCLUDED INFORMATION FAVORABLE TO ONE SIDE, BUT YOU ADMITTED THIS. HOW MANY TIMES DID YOU HAVE DISCUSSIONS WITH MR. WAGNER OVER THE LAST TWO WEEKS? OVER THE LEGALTY OF THIS AND THE CONTENTS OF YOUR MEMO.

MR. WAGNER CALLED ME A COUPLE OF DIFFERENT TIMES AND ADVOCATED THE SAME POSITION TO ME. HOWEVER, THE MEMO REFLECTS MY OPINION BASED UPON MY OWN LEGAL RESEARCH.

DID HE CALL YOU TWICE?

THE NEXT MORNING AND -- I COULDN'T SAY, SIR.

WOULD IT BE, LIKE, FIVE TIMES?

WELL, I WAS OFF THE NEXT MORNING. HE CALLED ME SEVERAL TIMES ON MY CELL PHONE AS I WAS TRYING TO GET MY DOG TO THE VET. THERE WERE MULTIPLE CALLS. HE CALLED ME THE NEXT WEEK, AND ON MONDAY -- AND I DON'T RECALL IF HE CALLED ME ON TUESDAY. I TOLD HIM WHAT I TOLD YOU WHEN I SPOKE TO YOU ON TUESDAY AFTERNOON.

HOW MANY TIMES DID YOU TALK TO ME ABOUT IT?

ONCE.

AND THAT WAS AFTER THE MEMO WAS COMPLETED, IS THAT RIGHT?

COMPLETED, NO, SIR. BUT I TOLD YOU WHAT I THOUGHT THE MEMO WAS GOING TO SAY.

IT WAS DRAFTED AT THAT TIME. WAS IT NOT? YOU TOLD ME IT WAS.

THE DRAFT WAS NOT COMPLETED.

THAT WAS NOT THE IMPRESSION THAT YOU LEFT, BUT I'LL MOVE ON.

IT WAS MOSTLY COMPLETED. I MADE CHANGES AFTER I SPOKE TO YOU. >> THE -- I BELIEVE YOU TOLD THE COUNSEL, AND YOU CERTAINLY TOLD ME, THAT BECAUSE THEY MAY HAVE --

MR. DANIELS, I THINK WE'VE STRAYED A LITTLE FARTHER FROM THE --

NO. THE --

THE SUB JECT WAS WHETHER OR NOT WE HAD THE ABILITY OR THE AUTHORITY TO BRING IN A PRIVATE INVESTIGATOR. THAT WAS THE CONVERSATION. IT'S ALMOST LIKE WE'RE GOING THROUGH A TRIAL HERE.

WELL, WE DO HAVE THE AUTHORITY, AND WHAT WE HAVE IS A SITUATION WHERE THE COUNTY STAFF CANNOT INVESTIGATE ITSELF. THERE'S EVIDENCE OF THAT ALREADY IN THE RECORD. WE NEED AN OUTSIDE PERSON TO COME IN AND DO IT AND PUT TOGETHER THE EVIDENCE AND TO BRING IT BEFORE THE COUNCIL ON OPEN SESSION. JUST LIKE THE CHARTER ENVISIONS.

THEN WE NEED TO -- IF WE'RE GOING TO DO THAT, WHICH AFTER MY READING OF THE CHARTER AND THE CONSTITUTION, I HAVE TO SIDE WITH MR. WAGNER. I DO NOT SEE THAT. WE CAN SUBPOENA. WE CAN ASK. IT DOES NOT SAY YOU CAN HIRE A PRIVATE INVESTIGATOR. DO YOU THINK IT WOULD BE FAIR FOR US TO TRY TO ASSEMBLE SOME SORT OF WAY OF DOING THIS? OR SHOULD WE WAIT UNTIL ALL COUNCIL MEMBERS ARE PRESENT.

I THINK WE SHOULD WAIT AND SELECT SPECIAL COUNCIL AND HAVE THEM COME BACK WITH WHAT THEIR OPINION IS. THE PEOPLE THAT I AM LOOKING AT WOULD BE PEOPLE WHOSE INTEGRITY IS SUCH THAT THEY WILL NOT BE SWAYED.

THEN I WOULD SUGGEST THAT WE WAIT UNTIL -- I KNOW YOU'VE BEEN CALLED INTO QUESTION, BUT I WOULD LIKE TO WAIT UNTIL WE HAVE ALL OUR COUNCIL MEMBERS HERE BEFORE WE START ASSIGNING A SPECIAL PROSECUTOR. OR WHATEVER YOU WANT TO CALL IT, WHICH WE MAY OR MAY NOT HAVE AUTHORITY TO DO. IT JUST DEPENDS ON WHO YOU ASK. HOW MANY OTHER ATTORNEYS WILL AGREE WITH US OR NOT HAVE AN OPINION? I MEAN -- MY POINT IS IT'S ALMOST LIKE WE'RE GOING -- WE'RE STARTING TO RECYCLE ALL THIS THE SAME WAY. WE'RE BASICALLY HAVING A TRIAL AGAINST MR. ECKERT. I THINK THIS IS UNFAIR AT THIS TIME FOR THOSE TWO INDIVIDUALS.

I DID NOT START THIS. I AM JUST REACTING TO WHAT WAS BROUGHT UP. MY POINT IS THAT THE COUNTY ATTORNEY'S OFFICE IS IN NO POSITION TO INVESTIGATE ITSELF. OUTSIDE COUNCIL HAS TO BE HIRED. IF THEY'RE DOING AN INVESTIGATION, HE HAS CHANGED FROM WHAT HE HAS SAID BEFORE TO PEOPLE THAT HAVE ASKED WHAT HE'S DOING. IF HE -- AND SO HAS PEOPLE WHO ARE VERY CLOSE TO HIM. THEY CAME AWAY WITH A DIFFERENT IMPRESSION. IF HE IS DOING HIS INVESTIGATION, THAT'S FINE. I HAVE NO TROUBLE WITH THAT BECAUSE HE'S DOING A CRIMINAL INVESTIGATION. WE MAY NEED TO DO THINGS LIKE HAVE AN ETHICS CODE THAT IS STRICTER THAN WHAT WE HAVE NOW. BOTH FOR US AND FOR STAFF MEMBERS SO THAT WE CAN TAKE ACTION WHEN PERHAPS IT DOESN'T RISE TO THE LEVEL THAT WOULD ATRAFKT THE INTEREST. OR EVEN IF IT DID, WE STILL HAVE AN OBLIGATION TO INSURE THAT WE ARE ABOVE BOARD. THAT WE HAVE THE RESPECT, THE INTEGRITY, AND THE AUTHORITY TO DO WHAT WE DO.

WELL, VERY WELL THEN. DO YOU THINK IT'S A GOOD IDEA TO SIT HERE AND DO THIS WITH ONE OF OUR MEMBERS MISSING?

NO. AS I SAID BEFORE -- -- I WAS BROUGHT --

I WOULD LIKE TO --

SO HERE I AM. I WAS BROUGHT HERE.

I DIDN'T BRING THIS FORTH. I WOULD REALLY LIKE TO MOVE FORWARD AND WITH ALL MEMBERS PRESENT. I WOULD LIKE TO GET THIS AIRED OUT, BUT I THINK OUR PROBLEM IS NOT HERE ON THIS COUNCIL. IT'S NOT HERE ON THIS GOVERNMENT. IT'S WITH A PRIVATE COMPANY THAT'S CRIMINALLY BEING CHARGED. IF WE BRING ANY MORE INFORMATION, WE'RE GOING TO JUST MUDDY UP THE WATERS, CAUSE A PROBLEM, AND MAY NUGOEGS NEGLIGENCE -- NEGOTIATE.

THE FBI HAS THE WAVERLY DOCUMENTS APPARENTLY. I DON'T THINK THAT WE'RE GOING TO BE DOING ANYTHING -- WE'RE NOT GOING TO BE ENGAGING COWBOYS. WE'RE GOING TO BE ENGAGING RESPONSIBLE PEOPLE.

I'D LIKE TO GO TO --

MR. CHAIR?

ONE MOMENT. ARE YOUR COMMENTS COMPLETE?

FOR NOW.

OKAY. I HAVE TWO PEOPLE ON THE BOARD HERE. THIS HAS GOTTEN TO BE A LITTLE CONTENGS TENTTUOUS. THIS IS GETTING UGLY VERY QUICKLY. I WOULD LIKE TO WAIT FOR FURTHER COMMENTS FROM ALL INDIVIDUALS. I UNDERSTAND -- I UNDERSTAND. I WILL GIVE YOU YOUR RIGHT TO RESPOND ONCE THE DOCUMENT IS UP.

MR. CHAIR, I WOULD LIKE TO -- I ANSWERED MR. DANIELS QUESTION, AND IN THE PROCESS OF IT, AND SAID THERE WASN'T A PREDICATE FOR IT. HOWEVER, SEEING THE DOCUMENT NOW BEFORE ME.

COULD YOU PLEASE GIVE US THE PAGE OR LETTER?

I DON'T HAVE A PAGE NUMBER. IN SEQUENTIAL ORDER, IT'S BATCH 113.

IT'S IN BATCH 1, SEPTEMBER 2, 2010. AN E-MAIL TO MR. FISHER. HOWEVER, WHAT I DID NOT -- ON THE BOTTOM OF THAT E-MAIL, IS AN E-MAIL FROM MR. FISHER TO MR. WAGNER REQUESTING THE COMMENTS.

DOING MY JOB.

SEQUENTIALLY, WHAT FILE IS THAT? WE'RE LOOKING AT CORRESPONDENCE A,B, C. . ..

DO YOU HAVE A COPY OF THE DOCUMENT?

YEAH. I'LL PUT IT UP ON THE OVERHEAD. THIS IS SOMETHING I'M REALLY NOT VERY COMFORTABLE WITH IS GOING OVER THIS INFORMATION. WE JUST GOT OUR LITTLE JUMP DRIVES TODAY. SO HERE WE ARE HAVING AN ISSUE AND A DISCUSSION ABOUT SOMETHING WE DON'T HAVE THE INFORMATION INVOLVED IN.

I HAVEN'T SEEN IT EITHER. I'M JUST GOING ON WHAT THE COUNTY ATTORNEY SAID AM .

I'M ATTEMPTING TO CORRECT MY STATEMENT, MR. DANIELS .

LET'S FINISH THIS OFF. WITH ALL COUNCIL MEMBERS.

HERE'S THE PROBLEM. DOUG LIKES TO USE BIG STATEMENTS THAT ARE GOING TO SHOW UP IN THE NEWSPAPER TOMORROW ABOUT TROUBLING. THE DIRECTOR ASKED ME FOR MY INPUT. SO HOW IS THAT TROUBLING WHEN I SAY, OKAY, LET ME READ THIS DOCUMENT. I'VE ALREADY NOTICED A COUPLE OF THINGS. I ASKED TO MAKE IT STRICTER. I'M ASKING, WHY DON'T YOU MAKE THE BUS BENCHES 25%? READ THE DOCUMENT. HE ASKED ME FOR SUGGESTIONS, SO I GIVE THEM. LOOK AT THE SUGGESTIONS. I MEAN, IT'S RIDICULOUS. THIS IS THE PROBLEM. WHEN THEY'RE SAYING THE ODOR, THE FISH SMELLS, AND THEN USING TROUBLESOME, AND YOU SAY

A TROUBLED DOCUMENT, I'VE GIVEN MY INPUT ON MANY RFP'S. I DIDN'T CALL SOMEBODY UP AND SAY DO THIS IMPROPERLY. I SAID, WHY DON'T YOU TRY THESE OTHER OPTIONS? HE ASKED ME FOR DIFFERENT INPUT TO IT. I'M SURPRISED NOBODY ELSE DID IT. JUST LIKE WHEN PEOPLE COME HERE AND THANK ME LIKE THE LADY EARLIER FOR RESPONDING TO HER E-MAIL, DON'T FAULT ME FOR DOING MY JOB. THIS ISN'T GIVING ANYONE ANY SORT OF ANYTHING. IT'S AN RFP. ANYONE HAS TO RIGHT TO REPLY. THERE'S NOTHING I COULD HAVE DONE THAT IS TROUBLESOME WHATSOEVER AT ALL. I'M BEING CALLED INTO QUESTION FOR DOING MY JOB? DOUG JUST SAID HE'S NOT GONE THROUGH THESE DOCUMENTS, WHICH SHOULD ALARM EVERYONE. YOU SHOULD AT LEAST GO THROUGH THE DOCUMENTS.

THIS IS STARTING TO GET TO A POINT. I WOULD LIKE A 5-MINUTE BREAK.

I'M NOT GIVING UP THE FLOOR, THOUGH.

YOU WILL NOT. A 5-MINUTE BREAK. .

IF WE COULD PLEASE COME BACK TO ORDER. EVERYONE HAVE A SEAT. AS WE WENT INTO THAT SHORT BREAK, MR. WAGNER HAD THE FLOOR. .

DAN, A FEW MINUTES AGO, YOU WERE ASKED IF I CALLED YOU A COUPLE TIMES. THEN ANOTHER COUNCIL MEMBER ASKED THAT YOU ONLY HAD ONE DISCUSSION. DID THAT COUNCIL MEMBER CALL YOU IN BETWEEN THE LAST WEEK? ?

I KNOW YOUR VIEWS ON THIS SUBJECT. AT LEAST I THOUGHT I DID FROM THE LAST. I ALSO THOUGHT I KNEW MR. DANIELS VIEWS. BUT I THOUGHT -- I CALLED MR. DANIELS BECAUSE -- AND I ALSO CALLED MS. NORTHY BEFORE SHE LEFT ON HER TRIP BECAUSE I THOUGHT IN MR. DANIELS CASE HE SHOULD KNOW WHAT I WAS THINKING. AND TO HAVE THE OPPORTUNITY TO -- I JUST THOUGHT I OWED HIM THE COURTESY BEFORE I RESPONDED WITH A MEMO. IN YOUR CASE, I TOLD YOU, AS I TOLD MR. DANIELS, THAT OFTEN -- THAT I WRITE SOMETIMES TO THINK THROUGH THE ISSUES. AND ESSENTIALLY SAID, I HEARD WHAT YOUR REPETITION OF THE ARGUMENTS MADE HERE, BUT I SAID I NEED TO THINK THE ISSUES THROUGH. I LISTENED TO MR. DANIELS ISSUES ABOUT IT. AND THOUGHT CAREFULLY ABOUT THE ISSUE. I DECIDED THAT IT WAS STILL -- MY MEMO WAS STILL IN ORDER. I COULD HAVE WAITED, BUT I THOUGHT IT WOULD BE CLEARER IF I WROTE IT AND DISTRIBUTED IT.

I GUESS MY POINT OF THE QUESTION IS, I WANT TO MAKE SURE IT'S CLEAR ON THE RECORD, IS THAT I CALLED YOU. THERE'S NOTHING WRONG WITH CALLING YOU. I JUST WANT TO MAKE SURE IT'S CLEAR. WOULD IT BE ACCURATE TO SAY WE TALK, AND THEN WE PROBABLY TALK WEEKLY, AT LEAST. I CALL YOU AT LEAST ON ONE LEGAL ISSUE PROBABLY ONCE IF NOT MORE A WEEK. AND SOME WEEKS MAYBE IN BETWEEN. BUT I DO THINK WE TALK FAIRLY OFTEN, IS THAT ACCURATE?

MR. WAGNER, IT'S FAIR TO DESCRIBE YOU AS HIGH MAINTENANCE.

YES. I THINK THAT'S A FAIR REPRESENTATION OF OUR RELATIONSHIP. THE -- THANKS, DAN. THAT'S ALL -- I JUST WANT TO MAKE SURE THERE'S NOTHING OUT OF THE NORMAL ABOUT THAT.

THIS IS MY ANALYSIS. I MAY BE WRONG, BUT I'M NOT UNCERTAIN. I DON'T THINK IT -- I'VE TRIED TO SAY, WHAT ELSE MIGHT THE COUNCIL DO TO -- IN WAY OF USING ITS AUDITING FIRM, FOR EXAMPLE. I THINK THAT THE CHARTER

SPEAKS FOR ITSELF WITH ALL DUE RESPECT TO OTHER VIEWS. SO THIS IS MY VIEW OF IT. I DIDN'T ADDRESS THE ISSUE AS SPECIAL COUNCIL BECAUSE I THINK IT'S A SPECIAL INVESTIGATION. I DO NOT THINK I'M GUILTY OF AN ETHICAL VIOLATION. IF THE COUNCIL THINKS THAT, IT SHOULD FILE A COMPLAINT, BUT I DON'T THINK I AM. I THINK IT'S MY DUTY TO ADVISE ON A THRESHOLD ISSUE OF WHAT THE NATURE OF THE INVESTIGATION IS. IF -- DEPENDING UPON THE COURSE OF THE INVESTIGATION, TELL YOU THAT YOU NEED SPECIAL COUNSEL IS MY VIEW OF IT. I DON'T KNOW WHERE THE COUNSEL MIGHT WISH TO GO. I THINK YOU HAVE TO IDENTIFY THE -- SOME LEGISLATIVE GOALS. I DISCUSSED THOSE WITH MR. DANIELS. I THINK HE'S REPEATED THOSE TODAY. THAT WAS PART OF OUR DISCUSSION ON TUESDAY AFTERNOON.

OKAY. THE -- I KNOW YOU DON'T WANT TO REHASH IT. I'LL RESERVE MY COMMENTS TO TWO MEETINGS FROM NOW. WHEN DOES THIS COME OUT?

THE SECOND MEETING IN NOVEMBER. ALL WILL BE PRESENT.

I WOULD -- I ANSWERED MR. DANIELS QUESTION AS TROUBLING BECAUSE IT WAS UNEXPLAINED TO ME. BUT THERE IS A PREDICATE FOR IT. I ALSO OBSERVE THAT THERE IS -- THERE'S CORRESPONDENCE REGARD ING BUS BENCHES BY THE SEA. BECAUSE THE PEOPLE DID NOT WANT BUS BENCHES. SO I'M NOT DESCRIBING ANY -- I DON'T KNOW WHAT THE SIGNIFICANCE IS. THIS WAS UNEXPLAINED TO ME AT THE TIME.

I JUST NEEDED TO POINT IT OUT. PEOPLE NEED TO UNDERSTAND THAT YOU WERE RESPONDING TO SOMETHING.

VERY WELL. I MIGHT OBSERVE WHILE -- THAT WE SENT IT TO YOU AND PERHAPS I DIDN'T SEE YOUR E-MAIL. BUT WE SENT IT TO YOU AND IN MOST CASES WITH A LINK SO THAT YOU CAN LOOK AT IT, AND WE POSTED IT ON THE WEB TODAY SO PEOPLE COULD SEE IT AND VIEW IT THEMSELVES. I THINK IT WAS A GOOD SUGGESTION.

MR. CHARLES HARGROVE, IF YOU CAN COME UP FRONT. THIS IS THE KIND OF THING WHEN WE START RINGING THESE BELLS, THERE WAS A STATEMENT MADE THAT YOU NEED TO ADDRESS IN REFERENCE TO OUR STAFF.

YEAH. DEPUTY COUNTY ATTORNEY. I JUST WANT TO CORRECT A STATEMENT THAT WAS MADE MR. DANIELS. HE ASSUMED THE DOCUMENTS WERE AVAILABLE ON MONDAY AND HE DIDN'T GET THEM UNTIL YESTERDAY AFTERNOON. THEY WERE NOT AVAILABLE ON MONDAY. THEN WE HAD TO MAKE SURE THEY WERE ALL TOGETHER. THERE WAS NOT ANY INTENTION TO WITHHOLD OR DELAY ANY INFORMATION. HE ALSO HAD STAFF LOOK AT THE SAME ISSUES. THERE WAS NO INTENTION ON HIS PART, AT LEAST I CAN SAY. IT WAS -- I DON'T DISPUTE THE FACT.

MR. HARGROVE, MAY I ASK YOU A QUESTION? I ASKED FOR THESE ON OCTOBER 7. WHY DID IT TAKE SO LONG?

MR. DANIELS, I'LL ANSWER THE QUESTION. I DID NOT RECEIVE YOUR E-MAIL. I CAN'T ACCOUNT FOR WHY I DIDN'T RECEIVE IT. UPON YOUR E-MAIL LAST WEEK, I RESPONDED TO YOU WITHIN 90 MINUTES, I WOULD SAY. AND ASKED THEY BE ASSEMBLED.

WELL, THAT IS CERTAINLY SINGULAR, BECAUSE I HAVEN'T HAD THAT HAPPEN BEFORE. THANK YOU.

OKAY. THANK YOU. OKAY. WE'LL HOLD OFF ON THIS CONVERSATION BEFORE WE'RE ALL HERE ON THE SECOND NOVEMBER. THEN WE CAN REALLY GET INTO THIS MATTER. MR. PATTERSON, YOU HAD SOMETHING UNRELATED?

WELL, SOMETHING WAS RELATED BUT, YOU KNOW, I DON'T WANT TO WEAR EVERYBODY OUT HERE. OKAY. I HAD A COUPLE OF COMMENTS I WAS GOING TO MAKE. I'D LIKE TO GET SOME CLARIFICATION. LET'S GO BACK TO COUNCIL TIME HERE. I WANT TO TALK ABOUT BEARS AND -- WELL, THE -- I GOT SOME COMMENTS ON SOME BEARS IN GLENWOOD. WHAT DOES IT TAKE TO GET A -- YEAH. I KNOW. THIS IS -- BEAR PROOF TRASH CANS. WE'RE NOT DOING ANYTHING WITH BEARS. AND IT'S -- I GUESS THE GLENWOOD FOLKS ARE GETTING A LITTLE ANTSY THERE. I'M ON A LOT OF THEIR SPEED DIAL. I DON'T KNOW WHO GAVE THEM MY NUMBER.

WHAT WE CAN DO IS TALK TO OUR BENDER AND SEE IF THEY DO ANYTHING SPECIAL. THEY CAN RIP OPEN A CAR AND GET IN. TRASH CANS ARE USUALLY THEIR SPECIALTY. IT'S LIKE OPENING A WRAPPER ON A CANDY BAR.

I THINK GET SOME MESSAGES OUT SO PEOPLE KNOW -- I DON'T KNOW WHAT ONE OF THOSE THINGS COST. I'VE GOT A COUPLE OF BEARS IN MY NEIGHBORHOOD. I DON'T PUT STUFF OUT THERE TO FEED THEM. I DON'T GO WANDERING AROUND LATE AT NIGHT WITH A HAM HANGING AROUND MY NECK. BUT -- WHEN I DO GO OUTSIDE, IT'S PRETTY QUICK. I'VE GOT A COUPLE OF BIG BEARS WANDERING MY NEIGHBORHOOD, BUT THAT'S LIFE IN FLORIDA.

HAVE YOU LEARNED THE ANSWER TO THE AGE-OLD QUESTION? DOES A BEAR --

I DON'T KNOW. THE OTHER BEAR I WANT TO TALK ABOUT IS BARE. I GUESS IT'S LISTED AS A BAR, BUT I GUESS IT'S MORE A BARE BAR OR SOMETHING.

GENTLEMAN'S CLUB?

IT'S TWO OR THREE AROUND THERE. IT JUST SO HAPPENS BECAUSE IT'S A BRANDY ONE. I GUESS -- YOU'RE SITTING HERE LOOKING AT ME WITH YOUR HEAD COCKED TO THE SIDE. I JUST WANT TO BE ABLE TO CALL BACK AND SAY THEY'RE LEGAL. BARELY LEGAL, I GUESS.

THEY ARE LEGAL. BIKINI CLUBS ARE LEGAL. WE ALLOW ENTERTAINMENT. WE'RE NOT ALLOWED TO MAKE DISTINCTTIONED -- DISTINCTTIONED AGAINST IT. OUTS >> I UNDERSTAND IT. THANK YOU. .

OKAY. .

I'M DONE NOW. A LITTLE WHILE AGO, I WAS BARELY DONE.

I UNDERSTAND THAT. ALL RIGHT. MOVING FOR WARD.

A COUPLE OF QUICK THINGS. I SENT EVERYONE A COPY ON THE HOMELESS SOLUTIONS PLAN THAT I HAD THE PRIVILEGE OF WORKING ON IN DAYTON. WHILE IT'S PARTICULAR TO A CERTAIN DEGREE, IT'S A PRETTY COMPREHENSIVE VIEW. WHEN I LEFT, THEY WERE IN THE PROCESS OF CREATING TWO SHELTERS. ONE FOR FAMILIES AND ONE FOR SINGLE MALES. THAT WAS ACTUALLY IN PART OF THE OLD

JAIL THAT I SHUT DOWN. IT WAS FURTHER OUT OF TOWN. IT'S INTERESTING IN THE SENSE THAT IT'S LIKE SOME OF THE STUFF TOSSED AROUND. I HAD THE OPPORTUNITY TO GO BACK UP AND DO AN EXTENSIVE INTERVIEW AND GO THROUGH THE SYSTEMS. I CAME BACK WITH A LOT OF INFORMATION. WE'RE GOING TO ORANGE COUNTY. I WANTED THE COUNSEL TO KNOW THAT I SEE THIS AS AN ISSUE THAT WILL BE BEFORE YOU. WE'RE GOING TO TRY TO GET AS MUCH INFORMATION AND BE AS WELL PREPARED AS WE CAN TO TRY TO ANALYZE WHERE THIS IS GOING. SO I DID SEND THAT OUT TO EVERYONE. I RECEIVED AN E-MAIL FROM MS. NORTHEY WHO SAID SHE WOULD ACCEPT A REQUEST ON THE 24TH. SO THAT'S ACTUALLY FOUR WEEKS INSTEAD OF TWO.

SO THAT WOULD BE THE SECOND MEETING OF NOVEMBER?

SHE WOULD PREFER WE DO THAT. IT PUSHES IT QUICKER, BUT I'D SAY THAT'S AS FAR AS YOU WANT TO GO. SO IF YOU WANT TO WAIT, WE'LL HAVE TO SEE IF WE CAN SQUEEZE EVERYTHING.

IT SEEMS THERE'S ALREADY BEEN A VOTE ON THAT.

I WAS JUST LETTING YOU KNOW.

THE VOTE DIED. NEVER MIND. I'M GOOD WITH IT. EVERYONE ELSE GOOD? WE'RE ALL GOLDEN.

OKAY. I WAS ASKED -- MY OFFICE TO CONTACT MR. STREETMARKER. HERE'S -- DO YOU HAVE THE COPIES HERE?

WHAT'S HIS NAME?

STREETMARKER.

REALLY?

THIS WAS FOR THE PERSON WHO WAS GOING TO CONDUCT THE FACILITATION OF THE STRATEGIC PLAN. THE ONLY DATE THAT SEEMS TO WORK FOR EVERYONE AND WORKS FOR HIM IS DECEMBER 16TH. AND YOU'LL SEE ON HERE HIS NORMAL RATE. HE SAID NOT TO EXCEED NUMBERS 12,000. HE ANTICIPATES IT BEING LESS THAN THAT. HE WANTS TO DO AT LEAST AN HOUR OR SO INTERVIEW WITH EACH ONE OF YOU FIRST. BE PREPARED TO START THE DISCUSSION AND GO THROUGH A WHOLE DAY WITH THE IDEA THAT IF HE GETS THAT INTERVIEW, HE THINKS HE CAN SHORTCUT IN THE BEGINNING AND GET US MOVING. AFTER THE MEETING IS DONE, HE'LL TRY TO PROVIDE SOME KIND OF WRAP-UP. I'M ANTICIPATING THAT IF YOU MEET ON THE 16TH, THE ENVIRONMENT FOR DOING THIS MIGHT BE THE BEACH FRONT HEADQUARTERS. AND IT CAN BE ON THE INTERNET. ALL THE SOUND SYSTEMS ARE THERE AND EVERYTHING. WE CAN DO THAT. WE HAVE A GOOD SOUND SYSTEM. IT SEEMS TO BE -- I THINK THE ATMOSPHERE MIGHT BE CONDUCIVE. SO THAT'S MY RECOMMENDATION. I REALLY DO NEED TO KNOW WHETHER THAT'S OKAY WITH EVERYONE.

HOW'S DECEMBER 16TH FOR EVERYBODY'S SCHEDULE?

THEY FIGURED THIS IS THE BEST DAY.

AND WE HAVE A HOLD.

THEY PUT ONE ON IT NOW JUST FOR ANTICIPATION.

WHAT'S THE DAY?

THE 16TH. >> I'D ALSO GO BY WHEN HE'S AVAILABLE.

OKAY. I'M GOOD WITH IT. ARE YOU GOOD WITH IT? >> THE 16TH WORKS FINE, YES.

GOOD. .

SO WE HAVE A CONFLICT RIGHT THERE.

OKAY. I'LL HAVE TO GET BACK WITH YOU.

IS THE LOCATION OKAY?

I'M GOOD WITH THE BEACH.

IT'S A NICE ENVIRONMENT. IF YOU WANT CITIZENS TO COME, IT'S A LITTLE MORE CASUAL. .

I'M SORRY, DEB. IT'S TOO COLD FOR A SPA.

I KNOW THAT.

IF THE LOCATION IS OKAY, I TOLD YOU WHAT THE ISSUE IS OF THE CONTRACT, BASICALLY. ALL WE'LL DO NOW IS HAVE TO FIND A DIFFERENT DAY. LET ME KNOW. THE BIGGEST THING IS WHAT DATES HE HAS AVAILABLE. THAT'S ALL I HAVE.

MR. ECKERT, DO YOU HAVE ANY CLOSING COMMENTS?

I SENT YOU ALL AN E-MAIL LAST WEEK HAVING TO DO WITH THE POLLUTION HOUSING FINANCE AUTHORITY OF THE BROOKHAVEN PROJECT. MR. STOUT WROTE ME A LETTER. IT HAS TO DO WITH THE QUESTION DOES IT BEAR UPON YOUR RESOLUTION 2013/12? I WROTE THAT I DON'T THINK IT DOES. THAT'S NOT A CONSEQUENCE, BUT MR. STOUT AND THE COUNCIL BEING THE LAWYERS THEY ARE JUST WANTED TO BE SURE THAT YOU FELT THAT YOU HAVE BEEN FULLY INFORMED. SO THERE'S NO ACTION REQUIRED UNLESS YOU WISH TO HAVE FURTHER ACTION OF IT.

I DON'T SEE SUCH. ANYTHING ELSE? OKAY. WITH ALL THAT SAID, WHEN'S OUR NEXT MEETING? I KNOW IT'S IN TWO WEEKS. NOVEMBER 7TH? OKAY. WITH ALL THAT, SEE NO MOTION OR SOUND, WE WILL BE ADJOURNED UNTIL NOVEMBER 7TH.