Volusia-County-8-20-19
Please stand by for real time captions. test test test test test test Good morning. We will be starting the meeting about one minute. You have one minute and we will begin the meeting. >> It is 930. Welcome to the August 20th, 2019 Volusia County meeting public participation portion. We welcome you and we welcome your comments. Those that have filled out a card that would like to speak on issues not on the agenda welcome to do so at this time. Sing that no one has filled out a card to speak we will see you back at 10 o'clock. >> Just going to give you a four-minute warning. We are going to start is close to 10 as we can. If you do have cell phones that might if you would turn those two quiet. We have a rule if it goes off during the meeting or presentation it's donuts for everyone. The first offender to have that happen was sure to word. He did pay off. Today with this loud crowd
I'm guessing you would eliminate every donut and every donut shop within miles of here. Be careful that. Thank you very much.
T -1 minute and counting. We will begin the meeting at 10 o'clock. >> Good morning. It is 10 o'clock. I give you warnings. Welcome to the August 20th, 2019 Volusia County Council meeting. We will call the meeting to order at this time. We will have the implication this morning by Kevin key followed by the Pledge of Allegiance. Going to ask counsel to stand with me.
If you would bow your head please. Father God, we come before you this day that you have given us and we thank you for all you do. We give you praise and glory for who you are. How you love us and how you guide us. We thank you that you hear us and our petitions are worthy to be before you because you are great God. We thank you for your sovereignty. We thank you father God that your present. That your word tells us two or more are gathered in your name you are in the midst. As we all got up the heavens declare your glory, the creation of your hand, and even today father God we see your presence everywhere that we turn. We come here today asking you to be
with not only these leaders of Volusia County and our leaders of our nation's but the people desire to serve to grow together. I pray this day you would give wisdom to this counsel. He would be righteous and fair. It would follow the perfect will is the Holy Spirit guide them in their thoughts and as these people come here today you would guide their thoughts it would be people of peace. We desire peace, father. We thank you so much more of the blood of Jesus Christ. We think you father God of the resurrection. Because of him we have salvation in him and no other name. You are a great God. Today, bless this time together, be with these people. Guide them so carefully and skillfully. Even at this very hour we pray for the peace of Jerusalem. We pray for Israel. Your word says you will bless those and curse those who curse Israel. We desire to do your word and will. According to your son's precious name and his name we pray and God's people say. Amen. >> [PLEDGE OF ALLEGIANCE] >> While we get back to order. Just so you know the implication is open to all and any if the leader of your faith community would like to do the invocation please contact our deputy clerk and she will make that happen. It is open to all. At this time we have roll call.
Doctor Lowry , Ms. Wheeler, Ms. Denys. Mister Johnson, Mister Kelly.
At this time we we move to consent agenda. Anyone that wishes to comment or have an item pulled on the consent agenda. Is there a motion to approve?
Motion to approve, Mister chair.
Motion made by Denys, second by Wheeler. Any objection? Hearing on the motion passes unanimous and we will move to item number two and this is a presentation .
Good morning. My edit forward I'm the past president of the crimestoppers organization. It is an honor and privilege to be here today and thank you for coming forward to honor Sergeant Cochran. I'm sure you're all here for that. [ Applause ] Crimestoppers mission is sole purpose is to make our community safer and support the men and women of law enforcement. On a chart trend 17, and honorable Lowry and councilmembers it's an honor for me to not only represent an organization but to be here to honor the men and women who Sergeant Cochran exemplifies today. In law enforcement today they don't get a lot of compliments. They don't get a lot of at a boys are at a girls. You sure get the calls. We are not perfect in the society. Every day they put the uniform on. They say were gonna make it safer today. Sergeant Cochran typifies with the best in Volusia County Sheriff's Department. I would recommend this counsel for all the funding that you give to the sheriff, for the training they receive, because you get results as Sergeant Cochran does. Not only him but his unit and the entire sheriff department. They did not pay me to say this. Up north you may have heard of us. That said, it never ceases to amaze me that when law enforcement does such a wonderful job they don't get the accolades they deserve. Before I present this award to this well deserving officer I would indulge this audience, if you wouldn't mind , please give a standing ovation for this police officer. [ Applause ] Thank you. I think I'm gonna get arrested from Sergeant Cochran after this. Like I said, individuals are so humble. I didn't put them on the spot but they need the recognition. Let me tell you about why he won this prestigious award. Sergeant Cody Cochran was born and raised in Florida. Johns River State College he completed police academy. He leads the proactive crime suspicion team in the east side of Volusia County. In 2018 the work of Sergeant Cochran and his see us team members result in recovery of dozens of stolen vehicles and firearms not to mention hundreds of arrests. In nine-month period Sergeant Cochran's team recovered 42 stolen -- 22 firearms and made 514 arrest many of which include serious felony charges. In many cases they were felons in possession of firearms. A truly effective leader he leads from the front and that's exactly what Sergeant Cochran does. He has been directly involved in many of the incidents captured by statistics. Sergeant Cody was involved in the call were a fleeing suspect ran to the dip these vehicle and fled high-speed through Daytona Beach. They discovered a missing 15-year-old girl. [ Applause ] I just can't get over that. If you're the parent or the grandparents or aunts or uncles what you think? That's what they do on a daily basis. I'm plugging him. You bet I am. It's an amazing job with a do. I get choked up. I have a grandson. He's two years old. After footage filmed Sergeant Cochran and his fellow deputies traveled to New York to appear on a live TV TV show where he discussed the incident and probably represented the Sheriff's office on a national stage. Sergeant Cochran and his wife have two children and one on the way.
Not only do you do your community well you do use County well. You do our country well. I appreciate all your efforts to what you do and I want to present to you the crimestoppers officer of the year for Volusia County. [ Applause ] The people in Volusia were nice. I will go back and doubly nice.
When you see a police officer on the road or an officer deputy thank him for his service and sacrifice. It's amazing job they do. We owe them a debt of gratitude we can never repay. Thank you so much for being here. [ Applause ] >> Sergeant, you have to say something.
All right. Here those. Good morning everyone. Thank you counsel for giving us your time this morning. Short and sweet. At the end of the day. We don't do this for accolades. We do it because we're passionate about the job. But we do appreciate this. Special recognition also goes out to my team members. This is a combination of hard work. Lastly , the support of the Sheriff's office is what makes it possible. Believing in proactive police work. I appreciate your time.
We go do a photo.
No surprise to see Cody standing in front of us. I had the honor and pleasure of watching him come on as a young officer and you could always see that spark in his eyes. They're gonna go out and make a difference. I'm proud for you and all your fellow employees for all you do to keep us safe and as it's been said, it's getting harder every day and I'm watching some of the changes come about. The knee-jerk reactions that are starting to handcuff our officers on the street and put to them more and more danger and putting them to a place where you're not allowed to protect your own self or the general public because of some people's thinking. I am very proud of you. You burn this award you deserve it. Expect to see more word awards and promotions are you in the future. Good luck.
Thank you. [ Applause ] There are some of us out here that believe that regardless of some stained by media and things like that it's not going to affect some of us in our position. Were gonna go out there and get the job done. >> Flashing around the world shortly. >> [ Applause ]
Removed to item 3. We have the appointment of the new IT director.
Of Brian waiting,. Course people know IT is the behind-the-scenes backbone of our infrastructure here in the government.
What I like to do is Brian Whiting who is an Air Force Academy graduate has years of private sector experience at EDS. He's taught at the Semel State College and has been with us since 2008. We did put this out to see what was out there because the complexity of our systems and government here we have so many different systems. Banking systems Copley systems , predictive technology for our ambulance. We have things in public works for the property appraiser. All these run through our IT system and it's very rare to have varied areas that we have to take care of. Brian has been here since 2008. His done a great job. He did compete with over hundred people nationwide that applied for this position. We are fortunate to have him right here working and so it's with my great honor that I bring him before you for confirmation as our new director of IT.
Motion to that effect.
So moved.
Second.
To confirm the appointment for the IT director of Brian. Whiting. I should remember that. Any discussion , any objection? Hearing none unanimously confirm that we are looking forward to your service and appreciate you being here and your wife and I know Jeff is can we standing by for photo of this. Right Jeff? He's already working on it.
Welcome, Brian.
We know you can do IT, can you speak?
Not very well.
He talks languages we can only think about. >> Brian Whiting County IT director. I can't tell this is on.
Check with IT on that one.
First project.
That's that one over there. Thank you for the honor. I've worked here for about a dozen years now. I will wrap it up by saying I love the organization I love the people I work with and I followed a wonderful mentor. It's a very sad that there leaving because I enjoyed every day of working with her and I will miss her terribly when she's not here anymore. I wasn't nervous until I got appear.
Just relax. It's easy. Take a deep breath. You are among friends and supporters and people that appreciate everything you do each and every day and what you've been doing in the past. We look forward to your leadership.
Thank you. I hope to fulfill a job ably and with the right sense of honor that I have taken with everything.
Mister chair, your biggest challenge will be keeping us user-friendly. We will know just enough to keep us going and ask the right questions. Welcome aboard. Kim will be missed. You've earned it and we look forward to working with you.[ Applause ] >>
We will move to item 4
-- sorry. Is not. Will open to public hearing staff report. Brian? You are up.
Brian Whiting County IT director. We are here to seek approval for an amendment to County ordinances that would enable us to negotiate lease renewals with two tower operators in County land. Florida statute requires us to competitively bid the lease renewals in the absence of the local ordinance permitting otherwise. The to set leases have been in effect since 1994 and have been very beneficial to the county.
Okay. Counsel?
Moved to approve.
Second.
Motion made by post to approve and second by Lowry. Any further discussion? Any objection? Hearing none the motion passes unanimous. We moved to item number five. This is a public hearing as well. We will open the public hearing portion. I see Regina headed this way.
As Regina comes down and her team here I just remind everyone here today we are setting the nod ad valorem assessment. What we look at today were gonna ask for range . The current contract approved by FCC provider will come in effect in April. They must stick to the price that they bid on for two years. They do have the ability to come back after that and ask for any kind of increase that they can prove they have. It's not an automatic. They will have to come back. I also want to remind everyone again our current vendor chose to not renew his contract and decide to go out to bid. They were a party to the bidding process. They were not the low bidder. I just want to remind that because occasionally we get an email asking what happened and they chose to not bid. Going out to the competitive process I think we are very fortunate with the numbers we got that were not asking for a larger amount today. So turn it over to Regina to explain was contained in it. Just a little bit of the service level.
Good morning. Regina Montgomery. Before you today is a resolution. The non-ad valorem assessment.
Again, our service level is once a week garbage collection under the new contract residents will be allowed to put out an additional personal container. With the new contract bulk items will be collected on garbage day so therefore reducing the number of trucks going down the roadways and of course will keep the weekly lard which collection and recycling collection and were going to keep the community book item collection where residents receive one extra Saturday each year to put out bulk items for collection. Today we are asking that the non-ad valorem assessment be set at 255 dollars per year for the FY 2019 FY 20 year and to cap future assessments at $310 for household and this will allow for installation adjustments in future years. Again, the $250 per year needs to cover collection and disposal costs, administrative costs, and recycling processing fees. It also includes a storm reserve set-aside funding for debris removal in the event for some of the expenses FEMA may not cover or if it's a small storm will not qualify for FEMA funding. The annual difference is $17 or a dollar and $.42 per month. As required, all owners approved real property were noticed by first class and also the public hearing was duly advertised and staff will be recommending approval.
This company has not started yet, right?
The new contract will commence April First, 2020.
So we currently have the same contractor. That serves through March 31st. >> Yes sir Mister chair. I'm not sure if you have the slips from the speakers but I want to recall that this public hearing .
I think I say that the getting this is a public hearing. I was gonna get questions here in the moved to the public.
Thank you Mister chair. One thing that's really important is the storm reserve fund of two dollars. FEMA has changed the rules, I believe, because every time hurricane or nor'easter they give us some grief. Were not authorized pick up on private subdivisions. That comes from the Council find the millions and millions of dollars to service our citizens. Were not to be reimbursed for that. That's got a huge ramification. This is preparing for that. It does not mean it's going to covered all. Things have changed with reimbursement and private roads and homeowners Association. That's huge. That's why that's been here.
We have two people that wish to speak. Margaret M. Margaret? Approach the bench and state your name and address. >> My name is Margaretta R at 340 W. Berne Drive Orange city, Florida.
You wish to speak against?
I'm concerned about a raise. For example, my road you see nothing but little white notices posted all along the road people trying to clean up the property. They're not doing this right, they are not doing that right. They use the money to post these notes and then the county has to do their part and post bigger yellow note. I noticed one within five days. I was working in the yard. They could see it was getting smaller. I think a lot of the money spent trying to figure out.
You're speaking of the current company. You only have to do deal done through March 31st.
I caught that.
I caught that on your behalf. Thank you Margaret. Kathleen? State your name and address. >> I'm Kathleen painter. I live at 2195 banana Street in Glenwood. I've done a lot of research. The surrounding counties that touched Volusia County and counties with similar populations, greater populations, and small populations. I narrowed it down to six counties. Currently at $138 are charged more than five of the six counties. Half of those counties have trust collection twice a week whereas we only have it once a week. I feel the problem is why can't we managed to get our garbage collected for the same amount or close to the same amount as other counties who do better garbage collection at a cheaper price than we do. The prices for garbage collection range from about the cheapest is $195 and they get twice a week. The most expensive is to 25.
It includes yard waste and recycling. And bulk as we do. It's all the same coverage we do but for some reason we're starting at 238 this year and you want to go to 255. I'm not sure I understand why we are being charged more than surrounding counties are similar populations, greater populations, and more frequent garbage collection. The other thing I like to say is I am incredibly grateful that the current garbage collection company has not been able to renew their contract because they have been the most destructive garbage company. If you drive around the county and look at recycle bins they throw them all over the place.
I live in a section of the county that was in the study originally because we have one of the highest incidence of issues. Hundred and 25 of my neighbors and I had their cans issued by fishing game. We had no trouble for years the can't which cause a 95 percent reduction in our area. The very first collection day of the current garbage company they broke 85 percent of the bear can lead by smashing them on the truck. In mice research they have 12 seconds per can to dump the garbage and put it back and move on to the next to make the company money. In order to take the gloves off and stick your finger in the hole and for the can over and dump it it cost them more than 12 seconds and they destroyed the beer cans. When you stop and ask them they say it wasn't us, it was the bear. We want years with no issues. For some reason the county --
Thank you. Thank you. I know Regina can speak to this but we look at other counties. We are a larger land county than most of them. We've 47 miles of beach access. The service of the county encompasses also and works around the 16 cities as well. If there was a better way and we've looked at it trying to cooperatively work with the cities that might work in some areas. We have a landmass larger than the state of Rhode Island. That in part is a big reason for increasing costs. Thank you very much.
I'm sure the county has success with the garbage company the bear can let's. That's an important issue.
Thank you. You want to reiterate what I said? Motion to approve?
So moved.
Motion by Girtman to move second?
Second by Wheeler. Discussion? Any objection? Hearing on the motion passes unanimous. I know you did a great job in keeping the prices as low as it is. I was expecting a 20 percent increase over what we have.
It's a competitive bid process. You hit it right on. We have a first map that Regina had up there shows us spread out. If we had density like a Seminole County that tends to drive down the price. You don't know where they are and their process. Some of them may come up themselves and might be seeing a higher price. We are aware of that. We do everything we can to keep it low and we continue to do that. I'll have Regina make sure we put extra care into the bear can issue. It certainly is sensitive.
We close the public hearing portion. Mister Johnson? >> I think it's important for the citizens to realize this is free enterprise. We don't run the garbage service. We administer. Free enterprise comes with the idea of people bidding for in the lowest bidder. They bid against each other and have to look at their cost as to what it takes. The last thing we want to do is if we say we're not paying this they all back out. Now we end up in countywide garbage service which I can guarantee is not to solve any problems. This is free enterprise at work and so that we have to accept.
Okay.
I just want to make sure the bear issue, since that's a concern in my area it's followed up on and addressed with the constituent.
Yes. We will address that.
Moved to item 6. This is also a public hearing. I've no cards of anyone wishing to speak Mister Irving? >> Good morning Clay urban . Before you today's amendment to our regulations pertaining to allowance of dogs and outside dining areas. This is an issue by the County Council asking us to investigate it and see if this was possible. There are specific exemptions that allow for restaurants to have certain to the ability for our regular dogs to come in. Specifically it has to be outside area. There specific hygiene requirements, there's procedural requirements that have to be included. County attorney's office is exhausted research of areas in foreign beach. One of local governments here pass an ordinance that allowed for dog dining outside areas approximately in 2012. This serves as a valid model to use here. What you see before you is a regulation that allows for dog dining in outside areas or restaurants with specific requirements that are contained within the regulations to address the hygiene. If the server touches a dog they have to immediately go wash their hands. No dogs consider the table. They have to lay there. There has to be cleanliness and compliance with health code requirements. This is presented to you today. If approved will be required that a conditional use permit have to be obtained for this to occur. The conditional use is an extra level review and scrutiny that the staff provides. It's administrative action. Therefore if I own a restaurant and I want to partake in dog dining I have to show you I'm in compliance, go through review, I have to have assign the post all the criteria and conditions applied so those who are my patrons coming in what have to be aware of what's being done. If there's a code violation go through the enforcement process. We can revoke the additional for outside dining's with dogs would not be allowed. That in essence is what we're proposing to you today based on the recommendation. If there's any questions I'll be glad to answer. He was the primary person. You can answer a lot of questions as well.
This is a public hearing. Everyone wishing to speak so will close the public hearing. Motion to proceed?
So moved.
Motion made by Girtman. Second by Lowry. Wheeler?
Yes. Thank you. I've a question.
This is for the unincorporated area, my correct? At County only. Cities like Ormond Beach went ahead and did this conditional use permit for their city, correct?
Yes, ma'am.
This opens it up for any city to do this? We allow them to do their own thing?
Just state law. Authorizes them if they so choose.
That's what I want to get clear. Thank you.
This is an area we need to consider. The increase in the service that were seeing in our community this has a profound effect on that. There's been a number of instances in Walmart and other areas within the county where were hearing it on Delta and all the different areas across the country were people are bringing their pet into areas were service dogs are and it's causing some issues for the people that require service dogs and considering a number of things brought up recently in the county at Walmart and a number of other commercial establishments there have been interactions in service dogs and pets , I am not in favor of this for the county area specifically for that because I think we're seeing an increase in the service dogs in our Kelty and providing the area where there might be that Max is not conducive. If we have to choose at this point I want to choose the letter.
Just a point on that. Legal made back me up. We can't control whether a service dog goes into the restaurant. They are allowed to go with the customer. This does not apply to dogs having a separate area set aside which is what this does. You can take it in. We don't have the control over that.
I'm not talking at the service dogs. Talking about the pet. The ordinance is not about service dogs. It's about allowing pets to be in the same areas and allowing them to be out in the community and the restaurant. It's a slippery slope. At this point I'm not in favor of it.
This means that the stay in a separate area. It's worked for seven years without a single incident. Mister Johnson?
One thing we need to clarify. I've had some phone calls about people thinking this mandates. This does not mandate the restaurant. It allows the restaurant to do this. We just made that clear because people call up and say I'm allergic to dogs, I can't be around them. If they mandate this we want that clear. It allows them to do this. It does not mandate a restaurant to do it.
They must get a permit.
They would be inspected and monitored and so forth if they violate. Any other discussion? Any objection?
Objection.
Hearing one objection. Any others? Motion passes 61 with post objecting. We will move to item number seven. This is a public hearing. I have another one with someone wishing to speak. He may sing for us.
Good morning. Director of resource management. Volusia County entered into a series of interlocal service boundary agreements with our local municipal partners. These are basically agreements where we identify areas will eventually be an extension of the city's and it allows for us to jointly plan
and work together in order to make sure we have a smooth and cohesive transition of these areas for being under the jurisdiction of Volusia County. One of those cities we have is Oak Hill. There was a recent request in 50 acres in the Oak Hill area. When we reviewed it it was outside of our interlocal service boundary agreement area and created an enclave. Therefore we could not allow for it to occur. We met with the city staff and we met with the property owners and we went over what options they had available to facilitate it but also to maintain the integrity of her interlocal service boundary agreement. It was decided we could allow for an expansion of that boundary. What you see today is expansion that incorporates the area that was supposed to be annexed by the previous petition but other areas were the property owners agreed to be part of the local service boundary agreement but are not necessarily ready to be annexed at this point in time within the city of Oak Hill. What you see is this provides the property owners of flexibility they're looking for. It addresses the concern of the property owner that want to be annexed and provides an agreement with the city and County This has been presented to the elected officials of Oak Hill and the town leaders have voted
and approved this. This would be the final action to put in place the modification to the boundary of the agreement. No other changes have been proposed as part of this agreement so all the other terms in regards of how we proceed are still in place. I know there are representatives from the town of Oak Hill. If there's any questions I will be glad to answer.
We have one that wishes to speak. Johnny Mathis. He may sing for us. Maybe not. He said no. Probably the first time he's heard that.
I didn't come for or against this. I came for some clarification. I understand there's half a dozen folks that want to be annexed into Oak Hill. They want the service agreement expanded. There's the vast majority in service agreements that have no desire to be in Oak Hill. I went to the city meeting. I was assured via the city they would never force us to annexed into the city. I'm looking for the same assurance from the county that they don't force us to annexed into the city. I'm in the county and unhappy in the county. I like it. I'm happy with the services I received from the county. I do get a little concerned in the agreement that as we go down the road once they are responsible for the services on our road we will be outside the county.
Let me assure you. We want to keep you as long as you want to stay. Were not to force you to go into the city. You cannot by law do that. >>
As I understand it today. Even with the interservice agreement I pay my taxes to year. If I have an issue with not receiving services the county I call.
That's right. We will not force you out. We will keep you and have you pay those taxes. Thank you. With that we will close the public hearing portion and we will move on to counsel. Mister Johnson .
Miss Denys?
Thank you, Mister chair. The great thing this does is how do we deal with enclave in the county -- doing them motion that
Extending locals ask service boundary agreement.
Made by Denny second by Wheeler. Discussion?
With the enclave that's what this does. We will continue the dialogue with all our cities to increase this because just like we're talking about our garbage rate we have pockets where we have a garbage truck going down the one road one day and the next day you have a city truck picking up debris and garbage and we have that with all our service delivery models in Volusia County. It's a goal that I've been talking to cities about and we will hear more about it. How we cleanup our enclave that creates a problem for cities
and increase our service level for our citizens. This goes a long way for that. I made the motion. I got a give a shout out what I can to the great city of Oak Hill. Mayor Gibson is in the back with the city administrator. And everyone else from Oak Hill. Thank you for showing up. It's a great crowd operation. Collaboration. Good work team.
I guess I'm looking at Jamie.
Thank you, Mister chair. There's a process you can force. This is not that process. This is a voluntary process. We at the county began that process for forced annexation. We notify individual property owners to the residents that we are initiating the process. That's the enclave process. This process today is not that process. >> As far as I know we have no intention at this time to forced annexation anywhere. Miss post? >> That's what I wanted you to clarify. There has been some discussion on that. In other cities as well. The understanding that some the public has across-the-board is on a very general level, if the city or county has water rights to one specific area and is not the jurisdiction, they have water and sewage rights in the city or the city has rights in the county once they get those rights then there's the possibility and the allowance for annexation and forced annexation through into U.S. property. Can you explain that? I don't want to give a definitive resolution here.
There's three distinct issues were talking about. The interlocal service boundary agreement is tied to joint planning and the phasing of potential annexation. It does not mandate annexation. It does not require annexation. Is basically allowing for voluntary annexation. That's one aspect. As Jamie referenced , there's statutes the ability for cities and counties to work with property owners to forced annexation for enclaves that are existing. That's not being addressed here at all. Not being proposed. There's been no discussion about that. The third issue is water and sewer service areas.
Municipalities our cities within Volusia County. They will mandate annexation if you are the boundaries
and you need to have the water and service area. That's the vast majority. There are some exemptions. I can't name any of the top of my head. There some areas they identified without forcing annexation. There's no state law that mandates that. There's a local government decision. There's a provision they can withhold service if they are saying you have the annexed. Again, that's an issue here. These areas are large and rural and on septic and well. There's no discussion in regards to water and sewer areas.
Does the county have that in the comprehensive plan as well? Just a some of the cities do.
In regards to?
In regards to having that ability. If it's opposite. The county
We provide annexation if we provide utilities. Is that we are asking? >> You can't D Annex.
It's contraction. You can't force contraction. It's not in our world to sit there and say you cannot be in a city if you receive water and sewer from Volusia County. It's one way but not the other way. Does that help?
Does that help you? >> Please don't speak from the audience. We have to have it on the record. Thank you. >> One thing cleared right now. I'm supporting this agreement. I'm not gonna sit here and tell a man standing in this audience and the future that I may not support annexation. I will have to look at it to see what's best for the majority of those citizens. I don't want to be tied to a decision today. We say no were not in the future. And then you look at me and say you lied to me. We have to look at it at the time.
Thank you. That was my point.
Any other discussion? Any objection? Hearing on the motion passes unanimous. We moved to item 8. This is also a public hearing. Mister Irving?
Good morning. Resource management. Before you today is a request for rezoning of the 12.6 acre on the corner of
Woodland. This is already developed. It's the Walmart center in Springhill area. As many of you are aware, this is a major redevelopment project in that area that the city and County were spearheading to get some redevelopment going on in the area. Due to time constraints as they were going through the site planning process the property owners were not able to effectively come in and do a subdivision and re-zoning. In other words, they would get the site plan approved so they can get it filled and get going. It's not backwards in the process. What you see is a request to rezone this property
so they can have the flexibility in regards to the internal setback. Not the external to the parameter but basically the internal setback between the lives created by this PUD and the subsequent subdivisions. In other words, what they're doing is saying here's what we have on grounds. We want to break that up in three or more parcels. We have to go through a subdivision. The five zoning will not allow that because of the setback and buffering requirement. How can we end this. How can go through and do this? You see this being utilized in PUD that we have. We are commercial properties. Especially where it doesn't make sense to have a 20 or 30 foot buffer internally to the commercial shopping center. It does make sense to have that buffer around the perimeter. That's what you're seeing here today. The applicant has drafted a development agreement that mimics the development standards that were utilized. The PUD mimics those. It is in the be five with some specific exclusions. We've gone through it in regards to compliance. It was presented for PRC and is coming to you today with that same recommendation. You have your technical staff and advisory committees recommending approval. The applicant is here. There some concerns in regards to want little issue on page 8 of eight. It shows the property will be conveyed. We will get to this specific statement on page eight Dash eight in the first paragraph. You see track a will be included in ownership with recorded declaration that track eight cannot be conveyed or subdivided. I will let Alex come in and provide specific language. If you would like to say what it cannot be conveyed separately. Staff has review that we don't feel that is a significant change. It's a staff presentation. I believe there's public also. Will be glad to answer any questions. >> Alex? The word subdivided with satisfy that. All at the legal Eagle say that.
Thank you. Rich Avenue. Reasoning the applicant. I also have Larry Ray with me CPH engineering in case or any questions on that front. I believe it's accurately stated our concern. Just by adding the word separately it conveys we can't sell the property. We have to sell track a with a lot. Discuss that with legal staff in agreement planning staff and agreements. Must have any questions is there any public participation?
You are it.
It was you have any questions, I can sit down.
As a nonlegal person I would understand why the word cannot be conveyed or subdivided without the approval. Satisfy that agreement without changing it. It's full is splitting hairs to put that in smiling or not. Jamie?
The pleasure of working with Mister Ford is that he likes belt and suspenders on all his projects. We do not object to the belt and suspenders on this particular wording.
I realize that part.
We don't disagree with your interpretation. >> What you would like to do is change that wording.
Add the word separately after the word convey.
We will make a note that that's to be added to the amendment. Should we have a motion to amend? Miss Girtman?
I was going to make the motion. So moved.
Motion is made to rezone the 12.6 acre property. Be five to the PUD zone classification located at 955 S. Woodland Boulevard, the lands. With the word added on page 8 Dash a . Is that correct?
Separately conveyed.
Conveyed or subdivided. That were goes in there. That would be part of the amendment. Is there second? Miss Wheeler? Any other discussion? Close to public hearing. Any discussion? Any objection? The motion passes unanimous. Thank you Mister Ford. We will move to item 9. This too is a public hearing. We will open the public hearing. Mister Ervin.
Good morning Clay Ervin. This is a special exception for 30 acre parcel in Southeast area of Volusia County. This is near the city of Oak Hill. This is addressing some concerns raised by some residents regarding
an activity center according at 1430 County line Road. We met with the property. He is leasing the property and owner of the business. We have gone over the requirements for what is a world event center. Let me get some background so there's clarity as to what is going on. Several years ago, the state of Florida past several different regulations pertaining to the right to farm and part of that was Eggert tourism. What it was basically saying is if you have an agricultural use you can use it for tourism. You will be exact from building codes and building regulations. This has resulted in some concerns from local government. The specific issue was whether or not the structure is being built for an agricultural purpose or not. If it is a purpose that is not tied to an agricultural use. It is not covered under that. This activity is going on throughout Volusia County and many of the cities and throughout the state of Florida. We were looking at what could be done to ensure that protection of agricultural lifestyle will allow for the use of these properties and a fashion that's consistent would otherwise be allowed if they were agricultural. Also, understanding in many of our agricultural classifications uses such as churches are allowed by right. We came up with a series of criteria and made these event centers special exceptions. A special exception means it to use that otherwise would be allowed unless it meets the specific criteria. The criteria are contained in 72 Dash 293 of our zoning ordinance. What it does is identify the criteria. You have generalized criteria for special exceptions and very strict specific for this special exemptions in world event centers. I need to make sure County attorney's office needs to clarify a special exception is presumed to be acceptable in compliance and it has to be proved that the proposed use is not going to be in compliance in order for us to deny these applications. I don't know if I said that correctly. Jamie if I misspoke? The presumption is the special exception is a valid.
Jamie, do you want to restate that so it's clear? I think he covered it.
Florida law provides that special exceptions are presumed compatible with zoning and are to be approved unless it meets one of the criteria in the code and I can go over those in detail. They are presumed compatible. You have to assume they have a right to it. Unless they cannot comply with one of the provisions
Just for clarification on this particular application beginning on page 9 Dash seven of your agenda packet summarizes the review criteria for a special exception in general but also the world event centers. Those are the criteria we utilize when reviewing these applications. The applicant came in and provided us with a series of side plans and went through the discussion. It's willing to comply with the criteria listed on page 9 Dash three of your agenda packet. There's 11 criteria we've identified that they have to comply with. They mimic in section 72 Dash 293. They want to utilize overall event center has been characterized as an wedding barn. They have to's provide sufficient parking. There's limitations on hours of operation. There's restrictions on where parking can be. There's requirements for buffering and limitations on the time that audio , in other words loud noise, can be projected. It's compliance and code enforcement if there's a violation for these criteria and what would happen if they do violate it. We could potentially revoke the special exemption. They've agreed to comply with the criteria on nine Dash three they recommend approval. It's coming forward to you now as a staff recommendation and appeal DRC recommendation for approval. If there's any questions I will be glad to answer them.
Jamie, you have your light on.
Yes sir. One of the issues that has been raised repeatedly and I want to clarify this for the record, many people have presumed these event centers are allowed under agri-tourism under the state statute. We've had some concerns that why is the county regulating this activity that is allowed by state statute . However, the definition of agri-tourism and state law does not include new or additional structures or facilities intended to house shelter transport or accommodate members of the general public. If you have a farm as part of agri-tourism have flower picking or visit your barn we are milking your cows that agri-tourism. If you put a structure on your site in which you invite the general public to come there in an assembly that is not agri-tourism. That is why the counties code has the role event center. That's why this gentleman in Oak Hill is being required come in and bring his property to compliance.
Okay. I for people to speak on this issue. Are you representing the owner ? Are you the attorney for the applicant? Have a seat. Beth? Are you sure you want to speak on item 9 or item 10? Both of them? Your card is filled out correctly. This is item 9. This is on the project in Oak Hill.
Hello.
State your name and address.
My name is Mary Beth Morris. Thank you for the opportunity to speak today. I'm a cattle rancher here in Volusia County. I also participate in agri-tourism by hosting ceremonial events. My barn is full of tractors and equipment. Anyway, yes. The big red barn is a bona fide farm that participates in agri-tourism with 4H school chores, civic and ceremonial vents, and is having to submit to several costly and unwarranted regulations and eats. I asked about the Florida statutes to protect farmers and farms. Florida statute 823.14 clearly states limitation on duplication of government regulation. It is the intent of the legislature to eliminate duplications of regulatory authority over farm operations as expressed in the subsection except as otherwise provided for in a section and statute 487.051 and notwithstanding any other provisions or laws. A local government may not adopt any ordinance, regulation, rule, or policy to prohibit restrict, regulate or otherwise limit interactivity of a bona fide farm operation on land classified as agricultural land. They continue an activity they've been doing for 25 years in other operations the last 14 years being harassed for asking too many questions. It's a bona fide cattle ranch the last 14 years registered with the state of Florida best management practices and also holds ceremonial events yet two days after I was in the environmental office asking questions about the new rule event center being posted to unwarranted notices of violation or stapled to our gate. There seems to be no provision for pre-existing agricultural properties as stated under the Florida statute. I only hope that you the County Counsel can take a moment and look at the blatant violation of the spirit and letter of agri-tourism laws as written by the state of Florida. The future of farmers and agriculture is a very important to the state of Florida in our community. Please take a moment and think about what is happening to local agriculture. --
Thank you. I'm gonna leave this answer to the question to our attorney. I'm not to step on that one. Thank you.
May I approach? I have papers.
You can give them to the clerk. Jamie? I thought you covered in your previous statement what she said. Go ahead. Respond.
Yes, sir. We may not restrict agri-tourism. The activity is that we are regulating specifically excluded from the definition of agri-tourism in the state statute. It's specifically excluded. In addition, the provision on agri-tourism says it does not limit the powers and duties of a local government to address substantial off-site impacts. One of the reasons why we have special exceptions for certain activities including borrow pets and other activities that causes traffic is that specific reason. We know what happens on and off the world. These activities, wedding barns, bonds that are open up to use the term in a generic sense. Many of these things never have a tractor. They are inviting an assembly of people. I also rely on my interpretation on the floor state fire marshal who has interpreted the Florida State safety code that these buildings are not exempt . Under the building code and the life safety code they must meet the requirement for an assembly Hall including sprinkling of the structures. We do not come to this decision lightly. We did not encourage you to adopt an ordinance regulating the facility lately. We believe we are on firm ground with Florida law and I understand these people that their exempt under agri-tourism but that is not what the statute says.
I just want to clear that up. I understand the applicant is here and I will let you speak now or later. Either way after the others have spoken. Would you prefer to speak now? Or you can speak after the others have spoken so you have a chance to see what they say.
Mister Chairman, is it one or the other?
Yes.
I prefer to wait then.
That's what I suggest. Now I have Mary Marcus and Mary Beth just spoke. I'm not gonna let you speak again under a different name. Okay. You okay with that ? Where did you go? You had
to filled out. One Mary and one Mary Beth. You get one shot at it. Tom Schuler? Those mics at the table will work better. That should work for you.
Thank you for letting me come here to speak. My name is Tom Schuler and I live at 1278 Highway U.S. one. As the crow flies in probably a mile, maybe a little further from the wedding barn. I attended the zoning meeting on this when they had a while back and I think it's clear that wedding barn according to what was said at the zoning meeting does not fall under the agri-tourism statute. What we are asking for here is a very rural area in our county to conduct a commercial operation. After looking at the statute that the County commission passed there's quite a few of those regulations that this venue cannot make. On a Friday and Saturday night we can sit out my house and listen to the music . Like I said, I'm a bit a ways away from this venue. I can understand the frustration of the neighbors with the YMCA in the rap music that goes on is absolutely foul. I would ask the county to not grant these special exceptions. They cannot meet all the requirements. They don't appear to meet the sound requirement which I believe the statute says cannot be heard by adjacent property owners. I think there's some question about whether, unless you write upside the property you are not considered an adjacent property owner. There's a landscape buffer and all the other exceptions in their that they will not be able to meet. I would asked the county to not grant a special exception and let's keep the part
of Volusia County world instead a commercial. Thank you.
Thank you, Tom.[ Applause ]
Okay. Let's refrain from that.? Better organization. Otherwise began to collapse and booze and we don't like either one. We understand your passionate. Greg McKendry?
Mister Chairman.
You are?
I'm Jason hard. Here's what I'm losing appear.
Mister Chairman, Mister Recktenwald, I would like to thank attorney Seaman. Jason law law firm Southridge Avenue Daytona Beach Florida 32114. Some the investors are public administration and practice law and public law. I would tell you I absolutely agree with everything counseled as provided to this. The big red barn event. Is mayhem. You have loud music which is in control. You of drinking and debauchery. It has taken a nice quiet area. And turned it into this. In all candor it's embroiled in litigation with
Mister Spriggs big red barn event. I put it out there. He's representing them in that matters here today also. We urge you to vote against this exception. These are families living around this area. We need to keep this area where all. You see from citizens that here today it's in favor of keeping this world. This event includes loud music, it involves drinking, and these are events that occur all the time on the weekend's. He has young family. It keeps them up. You should not have these events in rural areas and be able to hear over a mile away as you just heard, music. I want to turn it over to Mister McKinley.
Greg McKinley 1530 County line Road up health Florida 3695. Along with the statute and to keep it rural
this Braggs and Watsons do not live on the street. Spread live on a different county. I live on the street and I hear this music and it keeps my kids up at night and it's ridiculous. They don't even have the agricultural exemption on 20 acres , well 19 acres, it's a 30 acre parcel. 11 acres is bona fide agriculture that someone else has their cattle on. They do not have any type of agricultural operation there. They have some chickens and a couple goats that had some baby goats. We wanted to go there. The 4H holds their spot in the barn. The barn is filled with [Indiscernible] there's no way it can abide by fire codes or air-quality tests if they pull them. That's why they have to air out for at least a day before they hold an event there. The place needs to be shut down. That's how we live quietly.
Thank you.
Thank you Jason, thank you Greg. The applicant is here.
It looks like we've to applicant's.
One applicant, one counsel.
I'm sorry. I don't have a card for either one of you but you are allowed to speak. If you would state your name and address. Who is the applicant?
Stephen spread.
That's you? And you are?
[Indiscernible]
Counsel for the applicant.
So you are his attorney?
Yes.
Steve Sprague 4235 Wilkes Scarlet Drive. Florida 32796. I just like to thank the Council for entertaining this . I see that Mister Rodriguez is here. I think he might have some comments later about the adjoining properties. We have a very comprehensive package. I think it's 120 pages put forth. We talked about her history, the length of time the barn has been there, we talk about the prior owners, we believe what were doing is carrying out legacy and we would like that.
I thought Mister Irvin's presentation was very good. He did not say the name of our venue but is big red barn. We surprised PRL BC. We heard the objections there. We recommend approval.
First of all, the earlier dispute raised about rural event centers and agri-tourism, we are not here to fight the fight that were exempt from zoning. We've been over backwards to meet all your zoning requirements. To meet your special exception requirements and demonstrate we can. Weeks if not months with the PO RC and the staff. For me I am counsel for the big red barn
Don't speak to that .
I'm to speak to the comments that were unfounded about mayhem, drinking, the mockery. There is absolutely no evidence and no proof and no fact to support any of those allegations. Mister McKinley has called the sheriff on no less than a dozen occasions. Every time the shirt has responded and said there's no loud music and there's no loud music emanating from the property. He has filed multiple complaints against all his other neighbors. None of which have any validity. There has never been any racks, there's never been any police calls, there's never been any alcohol, there's never been any of the problems they allude to. They simply do not exist. We have qualified all their concerns. They are addressed in the conditions of the special exceptions. We have to meet the sound requirements, we have to meet building code requirements, we have to meet zoning , all the other things in there. We are simply here for the approval of the special exception. Not to challenge the constitutionality of your zoning order.
Okay. Thank you Mister Sprague. Ms. Denys?
We will close the public hearing portion.
Thank you Mister chair. I need a motion. So for the sake of discussion I'm going to make a motion for approval of the special exception for the role event center on 3.8 prime agriculture zones located at 1430 County line Road in Oak Hill S stash 19 Dash 06.
Is her second? Second by Lowry.
Now miss Denys for discussion.
Thank you, Mister chair. Mister Rodriguez, you have to walk us through. This is like the third time, maybe fourth time is Mister Sprague on this issue. At first, it wasn't no. It was Heck no from counsel. There were claims made and things said that have, as far as I'm concerned to be truly identified other than verbiage so counsel is in a position here that if they have matched a special exception, if they have complied with the requirements , which they have , according to the application of hundred 20 pages they went through PL RDC they went through multiple hearings. Multiple emails. This has quite a history of discussion. He referenced. I need you to talk to me a little bit here to the Council on the process.
Okay. Because we are here as a special exception, if he meets the criteria, if the it meets the objective criteria spelled out in the special exception
Are we saying he has?
Yes. As a recommendation. The recommendation is that he has met or can meet the objective criteria in the special exception. Therefore it would be a recommendation of approval the evidence presented is competent and substantial evidence showing he has met the objective criteria of the special exception to be approved as a special exception used in this zoning category. >> This is all public documented. As the County Council on our agenda item 09 Dash three are the conditions for approval addresses the founded. It addresses the parking. It addresses hours of operation. If he has complied with a special exception what is the reason for denial.
Denial is if based on the evidence
it does not meet the objective criteria in the ordinance for special exception that the applicant has to meet.
Mister Ervin?
I will clarify for the record. This is not the final approval of this project. The special exception establishes the criteria implemented through the site planning process and have to go through the site plan process and the site plan itself would have to be approved by the DRC. That's one aspect of it. Two, there was a code enforcement action taken on this so therefore the fact is behaviors of the past have been addressed by that. I'm not concerned in this current timeframe. Basically once this is approved , and if there's any violation of the criteria we can take code enforcement action at that time. These are specific criteria for the operation.
Okay. This is an carte blanche. This is just the beginning and the stuff to comply.
Yes, ma'am. That's why thing on page nine dashed three there's the criteria that they have to comply with. This will be identified to the site plan through the process but also, through the simple operation. The fact is if they are having noise audible on adjoining properties , obvious the the code enforcement aspect is where you go forward there. One of the outcomes that can, not necessarily will, is an option revocation of the special exception if they violate the criteria. >> So we have bill in protection in the process.
Through the code enforcement process. I do want to clarify to everyone that the code enforcement process is not immediate. Therefore, if you call us on Tuesday about a complaint were not to shut them down on Wednesday. We still have to go through proper procedures and everything else. Just want to make sure that clear.
Understand. We are a large county in the state of Florida. The size of Rhode Island. Thank you. I like to hear? >> Mister Johnson.
I'm looking at this thing several things that I do want to address. One, the applicant has already failed after the fact building permit. I would the applicant understand you have a bite of that Apple. I don't want to be back there again that you did something different if you get disapproved. The next thing is any these raw events happen. There are specific things to me or not allowed to do that. I would see maybe code enforcement to start doing hips around the county on any these things. Make sure they are staying online. For instance, hundred 50 seats. That does not mean 155. It doesn't mean 100 cyst 60. It says 50 cars that will count staff. I read the minutes. I take exceptions the county said adjoining property. Sound across adjoining property. I think legislative intent meant. The sound doesn't carry. If it carries something has to be done. It's up to all to make sure it doesn't carry and bother other people. This is a little different. We have a major packet rate here. It looks like all the neighbors support you. That makes a big difference in my thinking of when the neighbors in the neighborhood. We have basically I've heard to against four. I take that into consideration but I strongly one it done . If we start watching these things, any of them we done, and if we put out there they have to stay in certain criteria that's not a maybe. That's we need to follow that.
[Captioners Transitioning]
>> [ Please hang up and pick up telephone when next Captioner calls in. ]
Clay you mentioned when you talk about code [ Indiscernible ] you talk about PLR see and see where we are at on code violations between now and then. Is that what you said?
I pardon for the confusion. Basically I'm not aware of any new code violations called in since the PL DRC meeting.
So question, are you not aware of them? Had that been checked and you don't , aren't aware of any or you have not checked?
I personally have not checked.
So I have great concern about that.
And from the middle of August. So [ Indiscernible - low volume ] the middle of August. And I think it's very evident. I mean we have a number of people here on this issue. So I would say it's probably something we should have done just a note.
This is obviously a issue that greatly affects a lot of the citizens that live in the area. When we have a full house here. I think for both issues. For this item the next one. In regards to the rural events. What I would actually suggest the Council, since we have not things like check the code enforcement, do you have the now?
Yes ma'am, Scott actually went online and verified we have not had anything since May 17.
All right, think it.
Perhaps we should have done the prior to [ Indiscernible ]
[ Indiscernible - low volume ].
I do think it's relevant. So thank you very much. Take you for not interrupting.
What I would suggest is that we table this , and actually look at the special exception. There is an obvious, it's an obvious issue. Within the community. And
when it becomes an obvious issue within the community, we are looking quality-of-life issues. And when we're talking about the rural community, that is a very deeply rooted community and these people have expended a lot of years and a lot of money on their property in their homes. And perhaps we should look at the actual special exception ordinance that we have provided. And see if that is actually, because we if we are going to make our decisions they based on the county attorneys division telling us that there really is no reason that we can say no, then perhaps we should actually table this and look at the ordinance and look at it from a different angle make sure that we are actually covering all the bases.
That's what I suggest.
I have a concern. When rules are in place if someone makes a valid application that complies with the, we cannot change the rules in the application.
Is a situation that these are valid operations I have gone through the process. At this point we cannot change the rules that govern the special exceptions.
So we have to use the rules are currently in place.
So we can make the decisions today based on this, but I would certainly strongly suggest that after the hearings today that we bring back the special exception and we really go over with a fine tooth comb and lay it out and talk to the actual citizens that live in the community and see what their concerns are and maybe we can work together on it.
Are you going to withdraw your motion to the table?
Yes. Thank you.
I think what this does in this illuminates a lot of the confusion.
If it passes and he conforms to the conditions that are made up, set out, the 9/11 conditions that are sent out. Then there is a code enforcement issue, it can be shut down. It's been operated as a business without the necessary permits to do so. Now we would have the teeth in helping or stopping the elimination going to the code enforcement process. If any single one of the conditions is not meant, then he could be stopped from operating. I don't how long the operation has been happening. I don't how long it's been in operation in the past. But this would certainly make it or ways of to eat legally be able to operate and also legally able to must conform, conform to the conditions that are set in the ordinance. >> So that's where I am. I think it gives us a much better understanding of what he would have to do. Because it's all laid out. And as mentioned we can't we can change though. Any other discussion? >>
All in favor of the motion say Aye. That was pretty weak . Let's do voice call. For the boat.
It's on a motion to call the vote, is it? Just call it out.
Can be restated please.
The motion is special exception for rule of events that are on 30.8 acre prime agricultural zone property located at 1430 County Line Rd. special exception for rule of events that are on 30.8 acre prime agricultural zone property located at 1430 County Line Rd., Oak Hill.
And the exception, the recommended conditions for approval Hotel page 93, which they have to comply with.
So [ Indiscernible ].
Dr. Lowery
Yes.
This post.
Yes, but I would like to note that that is a yes based on the fact that the county attorneys division [ Indiscernible ]
Based on that I am being, my understanding that I [ Indiscernible ] vote yes. >> That's not accurate this post, you may vote against this motion if you heard competent substantial evidence that they did not meet the criteria set forth in the county code for world events Center, and did not meet the criteria for a special exception. Those are laid out on pages 09 seven through 09 13 of your agenda. >> Correct, and I'm being told that we have not heard any evidence of that, correct?
I can't make that determination, that is not my job. It is your determination to hear the evidence and if you heard evidence that you cannot meet the criteria, then you may vote no.
The conditions are laid out -- or have to meet or [ Indiscernible ] this is just a step in the process. And if they do not meet those , then it will -- I understand that at this point. Thank you.
Miss Wheeler. >> Missed Denny's.
Yes.
Miss Gartman.
Yes.
Mr. Johnson. >> Sorry, that was yes?
Yes.
Mr. Kelly?
Yes.
Okay the mass , the motion passes unanimous and we will move on to item number 10.
We would take a 15 , 10 minute break so everyone can stand up and stretch. Yell, scream, shout, whatever you want to do. Turn your phones on. [ Laughter ] >> [ Event on 10-minute break. Captioner standing by. ] >> Okay, we will go ahead and try to start on item 10. If I can get your attention please. I have your attention please refrain from coffee national talking. I'm sorry we're at the lunch hour. And what we will try to do is we would take all the comments. We have 32, 33 comments of people to speak. Based upon the three minutes each. That will be a long time. And what we're going to do is we are going to sacrifice and [ Indiscernible ] in order for us to take a break we've got pizza. We would take a break at 1 o'clock to stop and eat pizza. Wherever we are on the schedule, we will top and so staff can eat and those of you this but I don't care. I am just -- malt [ Indiscernible audience comment or question ]
Okay, assuming that pizza is here we will take a break at 1 o'clock and resume back at 130.
Mr. J?
I make a suggestion? It may or may not work.
No, go ahead.
[ Laughter ]
You know when we go and on state committees, what often quite often what you do is everyone is saying the same thing. And you can get up and say wave and support and it would be up to you all.
I have asked that to start but they said they would. And this is where we will be. We will stay here until 1 o'clock. For those who of the 33 of you who have spoken, if you want to be out of here by 1 o'clock, we can. If you want to continue to speak and say you are for or against it and exactly what the other person says, then listen, you are entitled that right and duty to do that. We are willing to stay, but we also have to eat because you don't want seven angry people up here during the comments.
I can assure you that and especially I will say me, but I do get angry. I have a power bar that I could eat that might get me through until 1 o'clock. But we are going to start it and where we are at 1 o'clock, we are going to stop. For the time to eat or if it gets here before that, we may break as soon as it is here to try to move it faster. We don't want to have to stay. Many of you have been here since 9:30 so we will get, don't tell me to move it on.
I can do that.
[ Indiscernible audience comment or question ] >> We will reconvene the Council meeting at 11:54 and Jane, you wanted to speak first.
Yes sir, before we begin this hearing, I would like councils to direct their attention to page 10 seven. Through 10 12. Seven through 10 nine. Are the specific criteria for moral event centers. That you establish and put into code. Starting on page 1010, through 1012 , are the conditions generally that have to be met by special exceptions to be presumed compatible. What you are listening to today, you are listening for substantial confident evidence that the event center has either met or cannot meet those criteria that are set forth in your agenda item.
So as your hearing the evidence , I would urge you to please look at those criteria and take the evidence directly in direct
relationship to this criteria. Thank you Dr. chair.
Mr. urban.
This is a public hearing, so the public hearing is now open.
Good afternoon, Clay urban, Dir. resource management, this is special exception for moral event center located on 10 acre, parcel on the north side of by rodeo Drive.
Yes ma'am, sorry. The proposed oral events Center was reviewed by County staff is part of the application submitted by Mark [ Indiscernible ] and Associates. The subject property contains 10 acres. It is located on the north side of the state up by rodeo Drive. Pursuant to chapter 72 293, as your County deputy County [ Indiscernible ] pointed out, there are specific criteria that apply to rural event center as well as generalized categories for all special exceptions. Staff review that, applications or those compliance. On review of the technical documentation that was submitted to us , it is determined by staff that it complied with all those criteria. But the general is criteria for special exception and the specific criteria that we are establish a rural event centers. As presented to the planning and land development relation in June, the PL DRC had a public hearing, there were some concerns identified by residents , especially for traffic safety, impact on the adjacent property owners, alcohol, lighting, etc.
After a series of questions and comments from the public, the PL DRC looked at staff, and some information to them and the final though vote was 61 for recommendation of approval for the a pros rural event center at this location. The one dissenting vote was mixed -- the one dissenting vote was missed Adam which was anybody that was tied to a rural event center should tie to a agricultural issue.
We have to stick within the criteria that are contained in section 293. That is not one of the criteria. The only criteria is where it's allowed as a special exception. Currently there are three zoning categories within the zoning ordinance that allows rural event centers as a special exception. Resource A1 and B2. The subject property is a two. The two partials are 5 acres in size, they have to be combined in order to be meeting him him requirements for 10 acres. The applicant is indicated they are willing to do so subject to the approval of the special exception. Again this is not the final step, the sets the criteria, they will still need to come in and get an approval of their site plan to ensure compliance with the criteria is here, but other criteria we also have in the regulation and zoning ordinances.
The applicant is here to speak to this, if there's any questions from staff, we will be glad to answer it.
Any questions?
You want to reserve this for later?
Okay. I have one question for Clay. The individual who objected on the PLDRC , objected because she thought of it had an agricultural zoning, it should only be agricultural operation?
The critical and select of is whether it has a classification by the property appraiser because it's a modified agricultural use. The property and I would tell you the other properties have been approved for this use do not have that. It was basically tied solely to the zoning board and did not included as a criteria for approval of rural event centers.
Thinking. >> -- Thank you.
Mark?
And Marcus speaking [ Indiscernible ].
Correct, and I will be brief. The applicant [ Indiscernible ] to speak as well and we will resort some time for [ Indiscernible ] to set that aside. You can follow up.
Thank you.
Good morning. For the record, my name is Mark
Karet, and I am on [ Indiscernible ] beach. I have with me Shauna out is. For adventure together Barnes. Shauna is the participant owner the property. Shauna put together a, some materials for your packet. For 1032. It's your plans for the property are to create a high-quality product that will be a credit to Volusia County. Shauna has a lot of experience in the wedding business and she has worked with my firm's of [ Indiscernible ] associates in your staff to develop a plan that fulfills your vision for the property. But more importantly for the purposes of today, complies with all of the requirements for the rural event center special exceptions. From the ground up, as you have heard from both your staff and you have heard from the PLDRC.
There is a strong and growing demand for the rural wedding values as you see by the applicants. Today's brides increasingly choose Barnes over country clubs. There are many different kinds of barns and all kinds of places, almost all of them are placed in rural areas. And that includes wedding barns. Under certain circumstances, those certain circumstances you have wisely decided and have put that criteria for rural events in your land development with a special exception process, which we have made application for. We review the staff worked and agree with all the conditions in the staff report. We have developed a concept plan which is included in the packet. We actually listed all the criteria that are required for the special exception directly on the concept plan. We think staff and the PLDRC for their part the recommendation
and very respectfully request your approval of that.
And with that, I will let Shauna come up and talk for a few minutes.
Sure. Shauna alters, adventures , adventure together Barnes. And I'm not going to same too much now, I would like to hear what everyone has to say. I will say that I am listening with open ears and I really want to create something that isn't an intrusion on the neighborhood obviously. And I would like to speak after I hear that that's all right. >> Roger [ Indiscernible ] [ Indiscernible - low volume ]? [ Indiscernible - low volume ].
It is Keble Mr. [ Indiscernible ] but good try.
[ Laughter ]
Rob chemo. 120 10. Mr. Chairman and members the Council, thank you for giving us time to talk and that's an important part of process. I -- the sample of people who dress the same represent a different view of the venture barn. The venture Farm is at best misleading in its application I would say blatantly dishonest. Let's start at the beginning. We are in a two agricultural zone. Clearly, and I, and begin loosely ever culture. The adventure is understandable a for-profit enterprise. And they're wishing to put that in the middle of our neighborhood. Request has been submitted to the county planning authorities as a rural event center. Let's be clear. The only thing rural about this is the application process. This is a commercial party venue, period. There's a saying that you can put lipstick on a pig that it is still a pig. You can call this a rural event center, but it is still a party venue, period.
The Council spent thousands of dollars, thousands of and orders , hours developing hundred 57 page conference a plan. Throughout this plan, there is continuous referral to maintain the character of neighborhoods as the county develops . Well our neighborhood has a culture, it has a character. Is rural. It is agricultural. The slide on the wall says
we are under a thriving community goal. While we have a thriving community as an agricultural area. We are not an area of bars, restaurants, convenience stores, liquor stores. Discotheques or nightclubs. But with your approval, the adventure barn becomes all those things. In our neighborhood. In fact, this has nothing to do with rural agriculture. There's nothing here about showing the 4-H champion lamb or running a farmers market. The this is about a party venue for profit. Clearly the application from the engineers were skillfully developed to weaken blank your way through under this idea of auroral event center. They made the decision on parking, they made the decision that there was no traffic lanes required for access to the property. They decided that the sound would be audible, and yet there is no definition of any of those things.
There is no balance in this process. And this process shouldn't move forward. Leads in JAMA, this is a classic example of the fox watching the chicken coop. Your playing board is not accountable to us as voters but you guys are. You can delegate the planning process, but you can't advocate the decision responsibility through insufficient requirements set forth by the planning board. You have your own [ Indiscernible ] and you need to have that consideration done. To make sure that you have all the right answers. You are the taxpayers of the county the courtesy of a follow-up and following the letter and spirit of your own kind. Thank you Robert, your time is up.
I would like to add my comments to the record.
Air culture.
Coulter.
Paul, are you here?
Paul Coulter?
Okay. >> Andrea Frank.
Or Andrea ? >> The next speaker if you want to speed this up would be James easel, if you would like to come down and take a seat. You would be the next speaker to speed things up and Sandra Krause, you will be after that if you want to speed things up for you taken the time to walk down. Yes ma'am, or Andrea?
Andrea [ Indiscernible ] 127 Buckskin Ln. on the beach. In the county outside the city limits of [ Indiscernible ] will torment.
You can move the microphones closer to you. Just pull the whole thing. The base and all. And it should move. Jeff said he was going to do that. They go.
All right. I agree with everything that has been said, but I would like to say something different, and maybe appeal to the fact that any of us have lived out in the area for a very very long time. The city limits of Ormond Beach dock at 95 , with my husband and I bought our property 43 years ago. We moved there one year after we bought it. There was no road, there was no buckskin Lane. We came in on the fire drill. To find the trees we wanted, to find what we wanted, to live in a rural community.
That rural community grew from that point, and it is still that now. We live in peace, we have animals, we have wild animals. We care about our trees. We care about the quiet. We care about our neighbors. I have no problem with somebody wanting to do business and have a dream. But I do not think that the area, this wedding barn
wants to be, is the place to be. We came out there years ago with promises that the city would not take us over. We came out there, the city is now our backyard. We have areas of conservation around us , we are very very privileged to live across the street from Tiger Bay. We feel wonderful that the animal corridor that starts up in Georgia runs right through many of our properties. And goes down to South Florida. We have seen most of the wild animals, I'm sorry, I don't mean me individually, but the people who live there have seen most of the wild animals, yes we have talked about the Bears and that bear cans. But we have had the Panthers, we put the Bears, we have the deer. We have everything going through that quarter.
I really don't want to see something as large and commercial with a asphalt or concrete, I can't remember what it said, parking lot. There. It is right in the middle of the quarter. It is right in the middle of our rural community. And that's how I would like to stay until the bodybag show up to get us out of there. Thank you. >> -- That's all I would like to say.
Thank you.
I would ask you to refrain from the applause lease. Some
James. Sandra Krause, your next if you want to get ready, you are close enough, thank you.
Just for the record, Mr. Kelly, it is for sale, but it's easy $100 if you don't get right.
Sorry Mr. P cell.
That's quite alright sir. There with me. >> Practicing to be presidential with the telephone.
For the record, my name is James the cell. My address is 90 Appaloosa Ln. It's so good morning ladies and gentlemen. Thank you for your service to the community and your time this morning. Again my name is James Fidel, my wife and I reside with our son and grandchildren. 90 Appaloosa Ln., and we operate the happy chicken farm where we raise free range naturally fed chickens for high-quality leashes and nutritious eggs. I became interested in the current issue, the moment I was made aware of plans to develop a commercial venue in very close proximity to my own ranch. From my perspective, the presence of a commercial venue such as this represents a detriment to the safety and quality of life in this community for my grandchildren as well as the quality of life for my livestock, who rely on the dark and quiet time after sunset to facilitate the roosting and laying habits as well as her general health and welfare. We recently conducted a voluntary 23 question survey of residents
of the Reimer Ridge area. Approximately 60 completed surveys were returned and tabulated in the results were very compelling. Residents were asked both quantitative and qualitative questions
to assess what they liked most and least about their community in which they reside. Some of the key findings of that survey indicate that 100% of residents indicated that among other reasons, they chose to live in Reimer Ridge because of its rural agricultural neighbor, nature. The natural and quiet surroundings as well as the abundance of wildlife.
80% of residents indicate the potential for increased traffic and crime in conjunction with the commercial venue being established , is very concerning to them. When considering respondents with dependent children living in the home, this increased to 100%.
Among the varied reasons for choosing Reimer Ridge is as a place to live, 100% of respondents indicated the lack of commercial development was a high point of attraction to the community. 40% of rural respondents indicated that the properties used for agricultural offices and 30% indicated that they have horses on their property.
100% of respondents object to the additional development of commercial businesses in and around the Reimer Ridge area. Traffic, noise pollution, light pollution, disturbances to the wildlife including some endangered species, which include the Florida panther, as well as the disruption to livestock were among the key concerns stated. The potential for drunk drivers is a concern for 100% of respondents who indicated that they have children living on the property. In many freehand comments respondents reported concerns that the increase in transient traffic will lead to an increase in crime. The population of
remote Ridge is largely split between long-term residents and newcomers, but regardless of tenure, 100% of residents indicate that they have no plans to leave Reimer Ridge. There appears to be an overwhelming sense of community ownership here. Residents indicate that Reimer Ridge represents a community at --
Mr. Pisa?
Your time in separate
Think you sir.
Send it across? >> -- Sandra [ Indiscernible ] Prince. Good morning everyone. Thank you for having us. My name is Sandra Krause. I live at 253 Bridle Path Ln. in Reimer Ridge read, and I have been there 22 years.
My thing is keep Rima Ridge Laurel. [ Indiscernible ] for kindness in our communities is forever the effort we put into the neighborhood. E is for examples we share among us. P is for prayers among us all. Moral, R is for rural agriculture. I is for ideas we see in our community. M is for magic around us , a is for America, land of beauty.
R is for rural agriculture I is for ideas we see in our community. D is for disappointment, this would be. She is for Glamour we do not want. E is for efforts we all put into our neighborhood. Our is for rural agriculture. You is for unity among us, R is for rural agriculture, a is for America. Land of beauty. L is for land of Rima Ridge, state rural agricultural please. Thank you.
Think you very much center.
[ Clapping ]
No. Come on now. I have I will not ask again not to applause. I know you appreciate it but we have to have a certain amount of decorum.
Chris [ Indiscernible ] Calabrese.
Chris.
And the next speaker is Deborah [ Indiscernible ].
Deborah Lane. >> Hello, my name is Christopher Calibri's, I live at 3167 W. Hello, my name is Christopher Calibri's, I live at 3167 West State Rd. 40 in Norman beach.
I grew up nearly 6 it [ Indiscernible ] in the small homes in Florida, could see another house from our hundred 40-year-old hosted. In my four brothers spent our time playing outdoors in the woods, fields, building forts. Having course biscuit fights and observing wild birds and animals.
We were tight and we relied on each other on the farm. With fresh vegetables. And eggs. Mom and dad had servant hearts and were driven to help others. As such they contribute to the building as it tighten up relationships with others around the community. They showed us what it took to form and maintain strong families , families which build strong communities, strong communities which built strong nations.
One of the things that my parents did in that regard was they would take us to miss slowly pull cells, our old neighbor, came to town with her husband in a horse-drawn wagon years ago. After Miss pulp died, that would go down and help the sport fix things around her house and just sit with her and drink lemonade so that she wouldn't feel alone. We took care of our people. In our community.
Miss pulp died long ago. Little by little, so did the wild animals die. Finally, some of the rural community die. Bulldozers ripped the plan and with that the animals homes, they destroyed avocado lime gross. They are all gone now. Rural community, the urban chaos in a generation all replaced by cheap cookie-cutter houses . Traffic jams, noise, crime and corruption. Homestead now has the tired, one of the most dangerous and violent cities in the country. Rima Ridge still has much of that morality. Homestead had, but hopefully won't go that direction and
This party venue will not contribute to many positive ways to our community. What will do is to bring large drunken crowds, traffic jams, accidents and resentment from the residence. Around the same path Homestead took her to the Council votes, [ Indiscernible ] Shauna, just know that you will be the big layer in the slow death of our rural way of life. You open the doors box and you can muscle your way and with this project but you will never be accepted by our community. So please Shauna, we ask you to voluntarily with joy your application. And by doing so you contributed to the higher the what's important to many of the others around you. If you do this you are comparing -- caring and compassionate person with compassion for others in our community. Thank you for your time. Thank you.
Deborah, [ Indiscernible ].
Good morning.
I am Deborah [ Indiscernible ] I live at 3455 at 3455 Riley Rd. on 166 acre parcel that is, includes 35 acres of Conservancy. There is also an airport there. It's been used one time in the three years that I have on the property.
And it's quiet. We have quiet neighborhood. We like it. We like it quiet. Occasionally we do have parties, and we actually have them in my barn. We have fundraisers for veterans, and Christmas parties for the community . We raise toys for the kids. And it's undertaken as a community effort.
What I would say about the adventure together barn, is that it has been laid out to us with falsehoods. Shauna told us there are no other event venues like this out there , well there are already two event centers. My not being one of them. So I don't see why we need a third more commercial event than you.
As you can see, there is a good deal of opposition to this. It is not wanted, it is not welcomed by our community.
And I feel like it is more a way to, it's a vertical integration of her business, her florist business, it's a way to make her florist business arrived [ Indiscernible ] her florist business thrive. And we don't want it.
Thank you.
You will have seen as you are making your comments if you could address the conditions that they must comply with, that we must make our decision that they are not in compliance with because that's what we are governed by. We appreciate we live and we know how everyone feels about where you live. Your home is your castle in your area that you have read and that is a word to each of you as it is to us to accept that. However, the decisions that we are going to have to make are the conditions that they have either met or not met. That are required for this action.
Deborah, you spoke, Mary?
Mary Matt now. We will try that one. Matt now. Rhonda White, I will get that one, runaway, you are next
So if you want to head on then you will be close and
My name is Mary Matt well. I reside at 3275 Maverick Ln. in Reimer Ridge.
I along with my neighbor am devastated by the plan for a rural event center. I'm not Ridge subdivision which runs between Lucia and [ Indiscernible ] County surrounded by acres of wildlife habitat including several Eagles nest that have existed for decades. I am very concerned about the impact because of the proposed constructions right on top of us and not only destroy quality of life, but the health and well-being of all.
The Tremont County competence of plan was developed to protect the natural beauty and sustainability of the natural environment that we all enjoy in the rural area. The plan specifically states that the environment should not be adversely affected. But that is exactly what's going to happen.
Studies have proven that the impact of negative noise on surrounding wildlife, farm animals and humans is extremely judgmental. This will adversely affect the natural wildlife because noise has indirect of effects on population dynamics through changes in habitat use, courtship meeting, reproduction for animal care to actually a young. It will adversely affect the health of all residents and our animals because wild sound as well known for stress and adverse effect of every part of the body including blood pressure, heart rate, circulatory, digestive system, sleep disturbances, liver, kidney and the immune system, especially longer-lasting sounds.
It will adversely affect animal livelihood for our farmers, because noise directly affects the reproductive ideology of farm animals. Noise levels generated by typical [ Indiscernible ] or did or didn't is 89 dB with inside. Not to that an audio system playing outside, which throughout the entire property at the same time, 11 o'clock in the morning until the clock at night, every day of the week, is is where you would want to live?
There is, this venue is advertising on its website and to social media's that their activities are not limited to weddings. We might be talking karaoke live bands or DJs. It is often the low-frequency content of the music that causes complaints, and this can subjectively be heard the thumping noise in homes and did you know that the case be also can travel through some distance to go through" is Windows? This is the very reason we have established guidelines for deadlines are required noise not to exceed 60 dB up to 10 and not after, not higher than 55 after 10. It is heartbreaking that we have achieved lifelong dream just have it shattered by a [ Indiscernible ] plan. Please keep rural Ridge rural and agricultural. Thank you.
Rhonda White.
And Michael White, you will be next. >> Hello.
Hypothesis Michelle.
Pardon? >> You are Rhonda?
Okay.
My name is Rhonda White, I live at 155 Pinto Ln., Norma Beach. Ormond Beach.
The growth and resource management held a meeting on June 21 held a meeting on June 21, 2018 to discuss rural event centers. This ultimately left the passage of the new passage a new residence to be built in were on the cultural lands. Zone plans. On page 2 of the memo but I see your planning manager, the current use of existing facilities on farms for weddings and events. These types of events are sanctioned and encouraged by the Florida State statute section 570 at 86 -- 86 which should be upheld by the buildings staff and members of the Council.
Farming is a tough and costly business. Any farmers give up every year never to return. The state recognizes this and the need to help farmers throughout the year as an incentive to hang on by allowing them to capitalize on country weddings or [ Indiscernible ] and other farm related activities. The public's interest in these types of events on real firms is what is now called
a [ Indiscernible ] tourism.
With the current rural event center ordinance is now doing allows big money investors to build new facilities that directly compete with the same limited business that farmers occasionally enjoy.
The rural event centers may try to create the feel of being on a rural farm, but they are not real farmers. And [ Indiscernible ] either just another commercial business trying to drive away farmers and a limited way of life. Commercial businesses that are not darkly formulated do not along in our rural community.
In closing, I would like to quote a staff writer who wrote, these facilities are typically located in rural areas with traffic and noise associated with wedding festivals can be disruptive to the quiet rural lifestyle expected by neighbors. Your own staff recognizes the negative issues associated with what already exists. So why would you even consider approving a bigger , louder, permanent facility that was never a real farm that plans to operate seven days a week from 11 AM until 11 PM, not counting the before-and-after activities have set up and clean up after each event.
If allowed this type of facility will forever be far more disruptive to our rural community and our rural way of life. These keep we met Ridge rural agriculture. Thank you.
Thank you. Now Michael White.
And then Alma Quinn, you are next. >>
How are you doing? My name is Michael White, I live at 155 Pinto Ln. White, I live at 155 Pinto Ln. I have an X farmer. X truck driver. And I have question. Just one beagle question. What are we going to do if this thing goes belly up? What will be there?
And that's all I have to say to you. Thank you. >>.
Alma when Ms. Quinn. >>
And choline blaze, you would be next.
Okay. My name is Alma Quinn. I live at 119 119 Appaloosa Ln., which I have resorted and been there for 41 years. Never thought I would be in front of you all, but I am here.
I am very concerned with the location of the new rural event area center which is supposed to be proposed to be built on agricultural zone property. Now they have bought 10 acres, but they are only building or able to build on 3 acres because the rest of his wetlands. So when they talk about today at 10 acres, they are only building on three. And you all know that. You have studied everything. So all we're telling you is something you already know.
It's also be built on a Pentax, one per. Now if you go to the Volusia County comprehensive plan, you will see on figure 1 three, major wetland systems. Figure 1 seven, special rural areas, one Dash nine, and 100 year flood plan, and one 11 rural one Dash 14 energy conversation national conservation area national natural resource area. Figure 1 one, Florida aquifer recharge area , 4 to 8 inches a year . And 11 two, watershed to Little Hawk Creek. Which you all probably already know all that. The biggest concern for me is the water usage. I am not concerned just for myself, but for my children, grandchildren and my great-grandchildren, which are already here. Not sure if you are aware, but there are over two alien people in the world without drinking water at home. I don't want my grandchildren to be added to that number because we took state water and sanitation for granted.
There's more to this but I've only got a little time. The following is from the Volusia County website. The Volusia Floridian aquifer is unlike any aquifer in Florida. Designation by the EPA as a Volusia Dash Lydian source aquifer remains offer for functions as an underground water source and supplies at least 50% of the drinking water consumed in the area overlying the aquifer. These areas have no alternative drinking water source that can physically legally and economically supply all those who depend upon the upper for for drinking water. This is very important. Now I , according to what we have done a study, she would use 1500 2000 gallons of water per event. And that would mean that she would use if she had a couple of events per week and she would use 200,000 and she would use $200,000 of water per year. My next thing is, I am also concerned about what she uses to clean. Because we are in septic tanks out there. Now it's already been a problem up and [ Indiscernible ] Ormond, as I can see, we will have a problem here. That opens up the possibility of leakage into the surrounding soil that can linger for many years, creating the list of bio modification, microorganisms" [ Indiscernible ] chlorine products -- thank you very much.
I know you try to get it in.
Choline. >> And then Michael, you will follow her. >> Good afternoon councilmembers. My name is Colleen blaze. And I live at 161 blaze. And I live at 161 Woodhaven Cir. blaze. And I live at 161 Woodhaven Cir. E., Norman beach.
I have been resident for the past 32 years. I don't know if anyone of you were raised on farms or lived in the agricultural community, personally, I am a city girl. So when we decided to move to Raymer Ridge, I was glad. I thought it was time. Yet I wanted to raise my family surrounded by forest versus cement. Wide open spaces. Versus the suffocating city.
Appreciation and respect for the wildlife. Versus owning a dog or cat. Peace and solitude versus the noisy city life.
All of this expresses freedom in the way we have chosen to live. I oppose adventure together Barnes being built based on the following unanswered questions . Is it a commercial business with no agricultural significance? Does the word, does the word already in the business signify a farm enterprise? Which statutes, laws or amendments would prevent me from building an event center 5 miles away ? Or bar or any kind of business that didn't have any agricultural interest? How would this burn benefit us, the residents? How would this barn benefit the owners that don't reside in the community? >> Was this, will this business be able to prevent intrusive noise and our neighbors that reside in this community by simply planting trees and bushes? Will this negatively affect farm animals? Will this negatively affect the wildlife that roams freely? Will this affect our neighboring churches during their religious services, not only on Saturday and Sunday, but when they host outreach industries during the week? Will this negatively affect our property values?
Will this commercialize our country lifestyle? Do owners of the party barn know something that we don't know? If not, then why are they advertising their then you completed with pictures, and revealing that
they are breaking ground this month, accepting reservations for 2020?
Perceptions don't answer these questions. We already have two event centers, and on existing forms, they had to appear to rural event Center designation under the Lord's definition of avid tourism. My question is how can adventure together Barnes be built without a farm resignation? If farmers can't compete for their needed extra streams of income, then to help keep their farms afloat, then their farms are unfortunately may be forced to close. This venue could definitely usher in abuses and correct corrupt the tourism which was divide, designed to protect the farmers. We need farms, not event centers. To quote Paul Harvey, on the it decor look down on his plan. Eyes and said I need a caretaker. God made a farmer.
Thank you.
Good day.
My best Paul Harvey.
Like a >> -- Michael. >> Good morning councilmembers. [ Indiscernible - low volume ] [ Indiscernible ] says hello, by the way. [ Indiscernible - low volume ]. He remembers you.
He says you are an honest broker. So I will take him up on his word on that.
I will be brief. Bring into councilmembers I spoke to today. Councilmember Johnson, as a woman [ Indiscernible - low volume ] about the concerns that they have and I echo them, and number one, compliance. With the nine points that have been brought up on their own.
Paperwork.
Quality of life, but also the noise. How do you corral that? Noise? You can't? I don't care how tall the bushes are used to have the open frontage towards [ Indiscernible ] unless they will put up a wall around in a bubble no way you will do that.
The other concern is beginning of the commercialization of [ Indiscernible ]. When we were out there, 32 years ago, 2 Lane Rd. and if you been here long enough you know that [ Indiscernible ] I can tell you how many motorcyclists have been killed. They formally did and it safe, and now, along with that the improvement will not be heading for is no developer. I am hoping that we will have the kind of development that we can live with, houses, etc. Not commercialization. What, 7-Eleven's, whatever?
Once we start going down that road, we're going to be down there. This is not a problem that's just unique to us. It's happening all over the country. Just from Florida alone is $86 billion industry. So waiting values and an rural event center is big-money and I can understand that. I can understand. It's a good temptation for revenue stream for the county members, and I can agree with that. Because our costs are always going up taking care of books here. But that being said, we also need to keep in mind that people already live here. As this post pointed out, the quality life is a big issue for us. So with that in mind, I would ask you to not so much cancel out, because I can see where we are going to be going with this based on the previous discussion that we had in Brookfield. But at least if we proceed forward, let's do it with thought and with control over how this is being done, because right now the way I see it, there's a lot of loopholes that can be done here. Including knowing whether this is going to be just an event center or something else.
So anyway, that's all I have to say.
Thank you.
John DiLeo, John?
Are you here?
He said he had to leave.
David Gilmore.
And Dixie [ Indiscernible ] you will be next. C is here.
I am David Gilmore. I live directly across the street from this proposed menu. [ Indiscernible ] West [ Indiscernible ] I just moved there three years ago after working 42 years and saving every penny I had to get out of the country with my girls and horses.
Shocked when I got the letter in the mail. Shocked. They are going to put, it's a party barn. It's not, there's nothing rural. Nothing rural about it. 3 acres of usable land, totally encumbered one of our members. Actually has eight picture. So I can give you a visual of how little of that property will not be covered in building and parking lot and septic tanks. The rest of it is all rural. She will show it.
Just show it to you, and
I just want you to understand that I think these barns are great idea. I think it's a wonderful idea, but I think this is about where we are putting these things in our County. People that came before us in this county put the comprehensive plan together like our Constitution. A thought, a big thought. And just like the law, it was all the time. And I understand that. We manage it. It's our responsibility. And our right to say we don't want this encroaching in our little slice of heaven. We need balance and diversity in our County. That means there is a place for everybody, in the way they want to live. We need to protect our planet. Can we think about that? Everyone is going to speak to all the reasons that we have done massive research. We come together as a family. This community. I love it. I love everybody that I live around and we are all alike, we are a bunch of smart hard-working people that like to live in the country. With their critters.
So let's just think about the balance of the county. I live right across the street. I know a way to hear it. I used to live about as far away from broken smoke and all that stuff over on US one. They came for two weeks, twice a year, and it was cool. We love them. Come spend your money with us and we can handle. I don't want to listen to this every weekend. I don't. I set out last night in a listen to the frogs. I don't want to listen to this every weekend, and they cannot promise me that we want here.
I don't want my water ruined. I pay taxes along with all of these people. To provide water recharge, animal protection for our wildlife. We pay taxes to provide this service to our County. Let us do that. Leave us alone in between the entrance to the state park and the other side of plantation Pines. We understand that we are going to need more stores and things. But can't we just leave little sections of ground or somebody can drive by [ Indiscernible - low volume ] [ Audio fading in and out ] in person. And that's a cow , and I'm done, I understand. But I appreciate.
And I feel real strong about this.
All right. We would be surprised --
Thank you.
Okay.
Dixie sex.
Good afternoon now, I started out good morning before.
My name is Dixie sex, I live at 175 Pinto Ln. My name is Dixie sex, I live at 175 Pinto Ln., Ormond Beach. I have been a resident, a taxpayer in a registered voter in Volusia County for 36 years. But only 20 of those years have I had the pleasure of living in Rima Ridge. To me, Reimer Rich to some of the older presidents. It is a rural agriculture committee. I have written a more detailed letter to each of you telling you why I love this community and why I have concerns. About the proposed wedding burn. But I am going to give you the abbreviated version right now. And I will be happy to share the letter with you if you did get a chance to read it.
Since becoming aware of the possibility of this rural event center on State Road 40, advertised it already sticking reservations as an adventure together barn, along with my neighbors , I have numerous concerns about this proposed disruption to our peaceful neighborhood. Such as the additional traffic
noise, the impact on our wildlife and domestic animals, and where the water and sewage will go. From up to 200 people at one location at a time. Where is that poop going to go.
[ Laughter ] however my question to you involves the actual property selected. 70% of the 10 acre property in question is openly acknowledged by the developer to be protected wetlands. No matter how what percussions are taken on the remaining 3 acres, the flora and fauna of this property and surrounding properties will be significantly disrupted.
My question to you is this. When the ordinance allows special exceptions for rural event centers in areas zoned A1 to A2 is approved, the ordinance stated the minimum lot area shall be 10 acres. Was the intent of the 10 acre minimum to be usable land without disruption to the ecosystem? Or did the Council intend to allow that acreage to be predominantly contacted wetlands next if the intent was 10 usable acres, please don't improve or approve the rural events Center on three usable acres in our neighborhood.
I think you for your time and consideration.
Thank you. Cindy Hutchinson?
And then Vicki that. It will be next.
Good afternoon. My name is Cindy Hutchinson, and delivered 32 96 Good afternoon. My name is Cindy Hutchinson, and delivered 32 96 Relay Rd. in Ormond Beach. I've only lived here for your so I am a rookie to the neighborhood. I am sorry that I have to talk real fast, because I have to get all the sin. I tried to tie myself.
I have numerous reasons as why I am opposed to the event center, however I cannot cover it in three minutes in just is no way. So I will rely on the information as Mr. Kelly referred to in the book that I sent each of you in your email.
In him the minutes though at the PO DRC hearing on 620 , Mr. Karet made a statement and I quote, the site plan process when ensure the traffic concerns addressed. The use would increase traffic, but it was rural highway, and the area was not even in the top 15 in terms of number of accidents.
Unfortunately, the nature of rural highways where that asked , bad accidents can be severe and fatal had nothing to do with the purpose of this use.
I respectfully disagree. This is a wedding quote event venue. There is no doubt that alcohol is going to be served. On the website it says rooms will have a whiskey bar. You can go to cocktail hour under the covered porch. You can do it indoors, you can do it outdoors. I am asking the councilmembers just to stop and think for a moment about what they are getting ready to approve. This is not a bar, this is not where a bartender can prevent somebody from drinking too much are getting behind the wheel of their car.
No one is going to cut anybody off if they drink too much. Think about the people who are driving down a dark highway, [ Indiscernible ] animals that will drive , dart across the highway and add to that scenario a driver who has consumed alcohol.
By adding approximately 68+ cars leaving an event all at the same time, with many of the drivers who have consumed alcohol, in my opinion, it doesn't it , does in fact have an influence on traffic, and it does increase the possibility of a severe fatal accident.
As a retired police Master Sergeant with the Austin Police Department located in Austin Texas, I was an accident investigator. And I specialized in investigating serious injuries and fatalities.
I have felt the pain of notifying a loved one of a severely injured or deceased person.
And believe me, I would never wish that on anybody. To do that.
For the details of a collision are very big deal to families. The facts that the road wasn't in the top 15 for collisions means absolutely nothing.
Such a state that actually has no place when talking about nuclear safety or the safety of the area where we all reside . Thank you. >> Thank you, but I did read your book.
Think you and I do appreciate it.
Vicki?
-- Thank you and I do appreciate it.
And I might express again, please try to address your concerns towards those conditions which have to be met for the approval. Those of you I haven't heard. Anyway.
Least try to do that.
Good afternoon Mr. Chairman. Members. My name is Vicki [ Indiscernible ] and I resided 3296 Relay Rd. in Ormond Beach. I am here to speak in composition to the special exception for rural event center on the rural property.
I have looked over the proposal was meant to the county and when they [ Indiscernible ] I have several concerns for
The proposal states that the loudspeaker call system shall be audible on adjoining properties. Is he on the website it is safe to use the state of art equipment and play your favorite music throughout the entire property both indoor and outdoor. Sitting thousands on a DJ which may also be used as an indoor out door dance floor.
-- Saving thousands of dollars.
This will interfere with the
eccentric quality of our community. The subject of noise pollution is a quality-of-life issue. I would have? I live at 1.3 mile north of the proposed site at times I can hear traffic on state police when I sit on my patio.
So it only makes sense to me that I would be at hear music being played throughout the property as advertised.
I moved here for the peace and quiet of a rural community. This has shown that noise pollution not only affects humans but has negative effects on humans and wildlife as well. In the domestic area between my home in the property their dogs, cats, chickens, goats, peacocks and deer just to name a few. The proposal also states that the division of rural event center will not alter the care of the surrounding rural neighborhoods and anticipated to increase the value of the property once a seven made. I do not understand how any of this would increase the property value to our community.
This would be a commercial business and be open seven days a week. This would do nothing to enhance the character of the neighborhood other than the increased noise pollution, increase traffic with the possibility of war accidents because of alcohol being consumed. Among other things. I am concerned that a nonagricultural community, commercial business may be allowed in a rural community.
I would like to invite, and by ask one question for each of you to ponder. Would you want this rural event center in your neighborhood? That opens set, that is open seven days a week until 11 PM? Thank you for your time.
Think you very much Vicki.
Michael Chris.
Michael. They are.
And [ Indiscernible ] Karen Tracy will be next year here. >> Good afternoon. My name is Michael Chris, I live at 286 Good afternoon. My name is Michael Chris, I live at 286 Cohen Rd., Ormond Beach. My family settled in rural Tremont Ridge to escape the nuisance of noise, commotion and commercialism. About 20 years ago. We have lived there, lived on Cohen Road about 20 years.
My point is, you can find loudness and commotion easily. But a peaceful , quiet lifestyle must be sought and preserved. There is no accurate way to measure loudness. I know that sounds crazy. But I have a 50 page scientific report indicating that with 200 references example that proves that low-frequency base is 28 dB quieter with the decimal meter then with the phones reading meter. So my point is, depending on what instrument you use and from what I understand from [ Indiscernible ] by four different instruments, it is just impossible to measure loudness. And but we all know what loudness is. When we are sitting next to a car , and we hear from heard that might be low the decimal level, but it is annoying, it is distracting. And it is unsettling. And it's the same thing when it's on property.
You all have the authority, to resend , revise the special exception to the ordinance. And I commend this post for expert, Miss post for exposing her interest in wanting to relook at this. I appreciate that.
Our beloved wildlife will be adversely affected due to the unnatural nuisance of music , light pollution, carbon monoxide traffic, the inevitable he cars and yahoos at 11 PM, possibly seven days a week.
They can relocate. Because they can. It's not that easy for us to relocate. Please keep Rima Ridge rural and as agricultural.
Thank you.
And just for the record, I checked the decimal at the time and the average was 70.
So --
[ Laughter ]
It is very scientific. >> Karen Calabrese. >> Okay thank you very much.
Daniel Boyd? >> And the Ron McCabe will be after that. >> And just for the record, I have compared, I have used that to check sound from one establishment I have use my phone and it was within one or two little points of being as accurate as machines there thousands of dollars. But anyway.
Just saying.
Hello there. My name is Danielle Boyd, I live on 130 is Danielle Boyd, I live on 130 Rodeo Rd. Ormond Beach. 20 174. My family moved here five years ago from South Florida. So we know the commercialized industry very well. We know what busy neighborhoods are like. We know not having much property. Again we moved here five years ago so we could have peace and quiet and property. That my kids could grow up and also have two horses, four dogs, and so for us, it's a way of life. So I am just going to repeat what I
found on , the mission statement to protect and conserve the natural resources of Volusia County for future generations to enjoy. To promote good stewardship of our soul for writing future water needs for the future residents of the the and preserve the ecosystems of the species throughout habitat and conservation , restoration, education and enhancement initiatives.
Also 12.2.one.for , land-use activities. Adjacent to environmentally sensitive land including conservation areas, designated in the future land use and recreation open space elements, shall be limited to non-intensive uses such as environmental system corridors, for street resource agricultural rural or low impact urban, otherwise post land-use activities, much, must ensure that such activities will not grade the natural physical biological and an aesthetic or recreational functions of such land. Objective 12 point 12.2 point 12.2.2 to minimize and eliminate where reasonably achievable impacts to ecological amenities
integrate their natural physical and biological some function as a result of land development activities. The other thing I want to state is that that is a black bears scenic highway. So this rural event center will be directly in contact with a black bear scenic highway.
And so that is very important. Because black bears lived there, and again they talk about traffic. So that's all I have to say.
Thank you.
Daniel Boyd.
That was you, right? >> To Ron McCabe. Aaron.
McCabe. >> Faith Collins. >> Three
And after that, Jennifer Melco. >>
I have faith columns. 220 Rodeo Rd. I have been there for 19 years. Thank you for the opportunity and I want to point out that many --
If you would speak into the microphone.
Any of the items that have been mentioned are exact the pointing to specific exemptions that are not being met although they are not exact the stating the number.
Here I have just a list so distant
You have to [ Indiscernible ] there you go. Nine reasons for denial. And this starts on page 1010 of their proposal.
First of all, if there is anything that is inconsistent with the comprehensive plan, that is a reason for denial. And there are numerous national
You can use that. Thank you so much.
There are numerous issues that have been brought up that are inconsistent with this comprehensive plan. Business uses, requiring especially can exception should not obstruct rural lifestyle. This center generates increased traffic. It's a 250 trips per event. >>
It does not generally serve the local population, and agricultural uses. It is not a single use. It says wedding venue, other events and there is a floral arrangement studio. Proposed there. It is not low-profile. Your own description currently says it's enormous.
Secondly agricultural area going to commercial use is not compliant with the overview of the plans overview for our County as well as chapter 1, page 21.
Thirdly, future rural land use allows for one dwelling per 5 acres. This has six structures on only three usable acres. Next we have item C. It will adversely affect the public interest by all the people present here by as well as I have a petition signed by over 300 people, which I will turn in and is also submitted .
It will generate
undue traffic congestion as we have already said, many people have mentioned. It is not meet six requirements of the special exceptions and I will address that last.
It will create a hazard public nuisance and be dangerous to individuals. We have at least 68 cars that are going to be [ Indiscernible ] potentially it's not intoxicated people customers, which is going out on a 60 mph Road. And it is dark at night.
They advertise to play music inside and outside across the entire 10 acres. This is [ Indiscernible ] item G, this is in violation of this. This quite dark area at night will not be lighted, loud, busy, and in fact all the area around us with people and animals as well as those driving by.
Bringing outsiders into the rural area also opens up potential for crime.
Thank you.
It goes fast, doesn't it?
Thank you. >> If we could take a moment, these are the exceptions that are not met.
We now have the planning director address each of those.
[ Indiscernible - low volume ]
Faith Collins .
Jennifer [ Indiscernible ]. >> Hello there. I am John for [ Indiscernible ] I am live on the 3 Bridle Path Ln.
Thank you for allowing us to speak today. I believe that people generally very good at heart. I really believe that the ministry wants to hurt another person in intentionally but I simply disregard for opinions is detrimental. It damages the relationships, the communities, governments and the families.
As you look around the room at these bright green shirts complete consider that each person here to time out of their busy schedule because keeping remote bridge I will cultural was important to each of us.
Whether it be
for matters ever copied and sent, individual letters, three-minute speeches, traveling across the country for a meeting, some even taking personal time off from the business and the work to support the community. It should not be overlooked.
Our residents have really bonded together to agree this is not something to be in the immediate vicinity. In fact the only thing we can agree on it of this is the pronunciation.
I agree with all the talking points from all the speakers and they do admit a lot of the reasons for the reasons for denial for the plan submitted to you. >>
According to statistics, 20% of small businesses fail within the first year. 30% fail within the second year. 50% fail within five years and only 30% make it past 10 years.
If this venue fails or is revoked because of complaints because of noise, what will happen to that piece of land?
I worry about the traffic in SR 40, weekends have so much beach traffic, contrary to what the engineer said on weekends on US 40.
You cannot minimize the danger to increasing drivers and adding alcohol. We have had too many accidents already this year.
I worry about the domestic animals, and wildlife. I have many domestic horses. They become stressed when things change. They become flight animals and they run. And it the increased traffic, and noise and traffic causes them stretch , stress. Even though they are large and delicate, you change feet slowly, you change he slowly any change environment slowly. Stress can cause horses colic and ulcers which can lead in trips to University of Florida and that's a bit
And has been discussed that Landes offers will be then buffers will be used for noise but I like to say that I use it before I could issue, before I can move here, and
I could hear the iron horse and that's a big land buffer and I can hear it.
So I am all for small businesses, I am also more, I am all for wisdom , women in small businesses. Reasons for denial are consistent with elements and, as a plan, it will adversely affect the public interest, and particularly in the neighborhood it is proposed to be built.
Given special exceptions to this property belittles the men and women who work hard in this community. We fertilize, we know, we tell him live there. If we alter the care for the area for restaurants and natural resources included in the email that we were sent by the Florida federal wildlife duration. Think every [ Captioners transitiioning ]time and consideration in this matter.
--
[ Captioners transitiioning ] >>
To get we will try to get back as quickly as possible so we will recess at this time and be back as quickly as possible. And I apologize for the inconvenience. >> [ Event is on lunch break. ]
[Captioner standing by]
>>
Good afternoon. We're going to try to get started in about one second. Two seconds. We do apologize for the break but I think it went smoothly and were all smiling and happy and ready for the Council meeting at 1:36 PM. Zachary I believe is up . On Beckett's Kristin . Zachary is here.
I'm Zachary and I live at 300 Rhodia Road and I'm from Harmon Farms and out most of the CEO from the health management Corporation of America. I'm going to address two things one of which is the sound which they have to meet and I hold these events for my employees and I have over 500 employees under me and I hold events such as this event center could house and I can tell you have helped in six of these events in the last two years of over 500 employees and I can tell you not one time did we leave that event center on time. We don't look for a party venue, we look for wedding venues, that's what we do because we know we can house our staff and they can house them nicely. Seeing this coming into my community it is of great concern because I know that noise cannot be controlled. I know many call the Sheriff's office they're going to get upset. They will not want to deal with this every time an event happens. It is going to be an undue burden on one the fire marshals, fire community , ambulances, they are limited in our rural areas.
In the county has been speaking of getting rid of our firehouse on Rhodia Road. That's a service that this would definitely need if so and that's been in contention for years. The other things that's inconsistent is that the events center advertiser is open seven days a week. The traffic plan that was presented in this application put -- because is predominantly deuce retains three times a week. They're saying that we are all going to be open three this week so we don't need that requirement. That requirement should be noted and should be required. If you're going to be open seven days a week. To my knowledge and application they agree that this is undeveloped land and that's not necessarily true. This land was part of the development in the 1980s, these are two loft developed just like plantation , plantation Pines all these development are in development of these are two lots within that the element so this is not undeveloped land and it was developed to be a rancher. I would hope you take that into note as well. I appreciate your time.
Kristin.
She had to go to work.
Mary Martinez.. Me again. Mary Martis. 224 Rhodia Road and I have four reasons that go against her plan. Division 14 of the land development code article 3 that will generate under traffic, section 72 --'s 19 County development code requires a right turn lane for commercial developments that finances their affairs with speed limits equal or exceeding 35 miles per hour . West State Road 40 has opposed a speed limit of 60 mass per hour why is the project manager able to waive the county traffic study and the Florida department of transportation requirements for a turn lane? It will create a hazard when clients leave the venue and have to make a U-turn on a curb to travel east. It will create a hazard when clients have to make a U-turn at buckskin to travel west to ensure the rule event center as this turn lane is very short. It will materially alter the character of the surrounding neighborhoods and adversely affect the value of surrounding land structures and buildings adding traffic noise intensity and potential environmental
will have a negative impact on the character and value of the area properties. It will adversely affect the natural environmental and scenic beauty or cause excessive pollution. Per Volusia County comprehensive plan apex 1 major roadway system special rule area in the 100 year floodplain energy conservation area map natural resource map management area Florida aquifer recharge areas for eight inches per year in the watershed to middle Creek middle Hall Creek, sorry, and we took some pictures of our neighborhood so you can see what it looks like. Thank you very much for your time.
Travis. >> I think I have come to the part where I have reached the last person who had a card to speak. If there's anyone who has filled out a card that did not speak, speak now or forever hold your peace. Kind of appropriate for this wedding venue , you think. Now we will go to closing comments . >> I just wanted to say I appreciate everyone's comments and concerns . I just wanted to speak to a lot of what people have to say. First I would like to say that I understand many are opposed and I feel like it was a limit of a conflict of interest because many of the people were kind of whipped into a frenzy via the -- currently operating there legally on residential streets. And as I understand the concerns I feel like they were painting a big old monster that does not exist. This is a rural and commercial venue in that it's a safe venue. I want to follow all the rules to make it safe for the patrons coming in and out and there was actually a response to the community as opposed to just me wanting to build something and haul in a bunch of money. I actually live eight minutes from the property so I am part of the community. I know someone spoke about excessive alcohol, we would have licensed bartenders on a vendor list and some people are worried about the Florida business . The Florida barn is a storage unit for floral centerpieces that would be on their. I just want to speak to my heart behind what the barn is all about and that's to enrich the community. I feel is important to create a space for that that there's a small pocket of neighbors in the community who are opposed to it but there are hundreds and hundreds more that are excited about it and --
The next outburst like that you will be removed from counsel. You will be removed and we ask you to leave and hopefully you don't have to be removed but that's not necessary. We can discuss but we don't have to be that disagreeable. She did not say a single word to anyone when you spoke and I would expect that you would give her the same courtesy. Thank you.
I felt like the property was a perfect property because it is not on residential roads, it is on Highway and is flanked by other businesses and churches. Congregations of 200 and more that come in and out on a weekly basis. I'm working hard to make sure that I come into compliance with every single item that's required of me. With that I will stop there. >> That the representative want to speak?
Yes, I do want to speak. We heard from a lot of different people and a lot of different issues. Many of them simply do not reference the criteria at all, most of them refer to feeders about what might could happen, not about anything that actually has happened and in addition, you have criteria that are in place that are in most instances stricter than what your normal land development code requires. If Shawna gets tonight she could open a church. She could have events there every single day, weddings, all the same activities that occur on site. Churches are not special exceptions in the category. Their primary permit use we would deal just with staff . We would not go through this process . In addition, we would not be subject to the noise criteria for example. That's one of the conditions that you impose. The counties noise ordinance goes by ambient noise that's adjacent to the property. As a matter of fact, in rural areas you are allowed to have a larger decibel cost 75 decibels then you are in residential areas. Your special exception criteria says no noise on adjoining properties.
This property has not been developed. If we do, you already heard from Clay, the code enforcement will be out there and I know that Mr. Johnson is going to want to see some of that code enforcement activity be proactive. I think many of the things you've heard about represent people expressing fears in terms of what might could happen . We will work with your staff and if any code enforcement activity is generated, either proactively or by complained they will be addressed but if you go ahead and pass this , you're actually imposing a higher standard than what would be allowed under the current ordinances of the county. As I said earlier in my presentation I think you guys have looked at this and you look at the situation we are under agribusiness. People are asserting their rights to open these businesses and they're certainly not indicating that these type of businesses are incompatible with form activity or rural activity because they are located on sites so if they're going to disturb livestock or disturb anything that's on that farm, I think that's an inconsistent argument. There's a lot of activities in the rural areas that are considered role that are very very noisy. You're allowed processing packing plants and storage under agriculture. What happens at processing packaging and storage we have a large industrial looking building, large vehicle use area were tractor-trailers drive up and take away what's been packed and stored. You also -- that the primary permitted use at a district . You are allowed wholesale uses as a special exception. Or people come through if you meet the criteria you can have very large what would essentially our distribution uses all under agriculture, is the nature of our culture and that's with the character of agricultural uses are. In addition you've heard about other uses in this particular area and there is two other wedding bars are ready . That speaks to what the character of the area is. There is the two we ranch from the Daytona website and I will put this in and they have been on a concert schedule for rock of Daytona in this neighborhood . They do it all indoors and Shawna has been to an event there. She's not objecting to this use, the she thinks it's a fantastic business . Probably some of you guys may have been two events on that ranch . It talks to what the character of that neighborhood is. Its way up off the road down very residential streets, it is not on State Road 40 which is designed to carry much much higher volumes of traffic than where these two other businesses are located. There certainly part of the fabric of the community and Shawna wants to be part of that fabric as well. There was an exhibit submitted that talks about a number of different items that it is indicated that we do not meet the acres. Both your staff and the PLDRC
sound that we meet the requirements for 10 acres. Preserving those seven acres of the property will be a good thing presumably but certainly if it's required that there be 10 usable acres, I guess we could explore that if we need to. Of course is pending because it's on a concept plan but will be going to a site plan process so that will have to be on the site plan and it will end up on being developed. And it will have to meet the requirements of code. Personally about building codes the A 2 and exhibit as well I view that as a repeat of the earlier one. Loudspeakers, again, I Artie talked about the sound . Loudspeakers are not prohibited. What is prohibited is no noise on adjoining property . Again, I want to repeat that many many times because we heard about noise there's a much higher standard that is imposed on other properties that is under the land development code. Lighting , again, we will have to go through it. We will have to go through site plan approval and your staff is going to make us show the type of light fixtures and they will all have to be shielded. County has a pretty good light code that addresses how they are shielded, and all that is a site plan issue. There's reference to the comprehensive plan review. Again, this is a special exception in the A 1, it is compatible with the rural use. You made that determination when you created the special exception criteria. Traffic, there's reference to traffic circulation plans and you also heard discussions about the turn lanes. The turn lane is not a requirement
of this special exception. That's something that comes up through the site plan process so yes, there was a comment. When you go through the process for special exceptions it is just a concept plan. You then are also you are routed through your staff review comment and during that staff review, they generate a bunch of comments many of which are not we
not even applicable to the special exception. There just letting you know when you come in later we are going to come for this and we are going to ask for a dot. My response was that yes, I understand you're going to ask for a turn lane but this is a D.O.T. Road and does not necessarily meet the warrant for a turn lane on D.O.T. Road so we will want to discuss that maybe . That's the tenure of this discussion. I just wanted to point that out. Youth heard we are going to meet the requirements and we want to be given a chance to do so. We made the application and have gone through the process and you have approved and we want to be treated similarly so with that I can answer any questions you might have. Thank you. >> Any questions. If not we will close the public hearing portion. Clay, I'm sure you are going to be asked questions.
>> Can you just refer to the comments about usable land as well , using the 10 acres. Many people have commented on that. Can you comment from your perspective on the intent of 10 usable acres. >> The minimum requirements is 10 acres. We have properties throughout the county that have wetlands on their that does not discount the minimum of a lot size. It was not 10 net usable acres, it is just 10 acres is used in written the code. There is no requirement for it to be Upland or such things. It just says 10 acres. >> That's all the questions I have for you but I do have still some discussion. I did want to make a statement and I want you to very very much know that I'm all about women in business and I greatly appreciate the fact that you are an entrepreneur and you look young so good for you. But I do support the fact that you're trying to build a business and you are trying to do what you're doing . It sounds like you have a marvelous plan and you really have put a lot of effort obviously into this and a lot of sweat and money, and all of the above. I do want you to know that I fully fully understand that and I do applaud you for that as well. The concern I have , I have two main concerns none of which I think are going to have an effect on the outcome of the vote here today but the two concerns I have and I want you to know is noise and being part of law enforcement I can tell you , I can't even tell you how many times I responded to noise ordinance complains and you go out, nobody wants to respond to a noise complaint because it is an ordinance violation and no cop wants to respond to ordinance violation because there's not a whole lot you can do. Number 2, you say turn it down, okay, they turn it down, you leave and tenants later you get another call and you go back out. That's a process that I want you to know it sounds like that's definitely a worry so please take that into consideration and know that . I think considering the special exception criteria I'm not finding anything specifically legally that I can negate the special exception on so I would approve the special exception today but again I would ask that we come back and we do have it on an agenda
>>> THE MOTION CAN BE MADE WITH APPROVAL BUT WE CANNOT ADD WE WILL LOOK AT THE OTHER.
I WILL BRING THAT UP IN OPEN DISCUSSION AND MAKE THAT MOTION AS WELL.
MOTION MADE FOR APPROVAL IS THERE A SECOND?
I WILL SECOND.
MOTION MADE .
I HAVE SEVERAL COMMENTS I UNDERSTAND THE SPECIAL EXCEPTION CRITERIA AND I KNOW LEGALLY THERE'S LIMITED AMOUNTS OF THINGS WE CAN DO. HOWEVER, I HAVE TO EXPRESS MY CONCERN AND THE TRAFFIC IS A CONCERN, I HAVE BEEN ON THE ROAD A LOT AND 65 MILES PER HOUR AND THEN YOU ARE HAVING PEOPLE TURN OFF GO INTO AN event. I personally feel that I think there needs to be a turn lane and the fact that was suggested by staff , it was identified that it was a concern even though your engineers know that I still have the same concern that my staff has. I also think about that when they leave at nighttime and you will find it hard to believe there is only going to be 68 cars pulling out and you know there will probably be a lot more than that and they may have to cross four lanes of traffic or whatever it is and also the traffic coming East to make a turn into the property. I am concerned, I have traffic concerns, it is a fast road to make a quick stop so I have a concern about F. I have a concern about H. Materially altering characteristics to surrounding number words and it will increase property value. I cannot, in my mind think that would increase property value. Your value is rural. I just, I feel that if I have that next to me I would feel it did not increase my value. These are a couple of my objections. I am concerned about adversely affecting the environmental. There are 10 acres now we know there are three acres that are only able to be used but from what I understand there will be six buildings on that. So six buildings on three acres. That was somewhere in the very beginning, there were six buildings in the beginning. Six structures. Six structures. You are saying five. Five or six. Six structures.
Five structures but one is the gazebo overlooking the pond and then a covered porch for a ceremony and then the Barnes.
Okay we have five structures of some sort and then we have the off-site parking that is also on that three acres.
Stormwater management area and the on-site utilities. I don't know, I am just having a problem with this. Again, the noise on G is a concern. I live beachside and I can hear the train in Port Orange very clearly. There is a buffer of a river and land and everything else but there are concerns. With those four right there that I feel I don't know how to handle this when staff recommendations are with those criteria I cannot at this point unless I hear everybody else's comments approve it.
I hope you will assures you will not have trains running through your barn.
Thank you. I wanted thank everyone who has come out today and everyone that sent communication and email. I know how much this matters as far as each person's community. I am a local realtor so I am very sensitive to it. And I am very sensitive to property rights. I am also concerned about the traffic. The last time I was on 40 in the evening with no lights and cars driving really fast, with none of this as a concern, it was a concern to me. So certainly whatever is going to make it the safest, I think that matters. I have a concern about the noise because the noise is what it is. Noise carries and vibration. The bottom line for me , we just approved one of these exceptions based on the criteria that is in front of us. So, for me I think we are restricted as far as how we evaluate this and evaluate it fairly. I don't think we can judge it community to community with all the factors being very similar. I will support it, however I am concerned with code enforcement that we do be very strict about our follow-through but I think we also have to be fair that we apply the same criteria to each venue. If there is another facility operating in the same community, then I am sure the same concerns exist.
So that is kind of my position at the time. Again I am really concerned. My biggest concern is the traffic. If there is a way of getting that resolved.
Thank you.
Thank you, Mr. chair. First of all there is a major difference between the previous item and this item, the previous item had support for the community. Except for one, there was support from I think every local except for the one individual, the property owner. So they had to buy in collaboration in the community so as I am sitting here we talked about Barnes and what's going to happen, I grew up in Indiana we had 10 acres on the farm and the hayloft was regulation sized hardwood basketball court, we learned to shoot the hoops. So as you are talking I am thinking back to my Hoosier days and we had some pretty good parties and we were allowed. A very long time ago. Also, the concern about the 10 acres and three acres being buildable that is the good news. In this issue because you have seven acres that will stay in conservation and will be a natural buffer no matter what goes in there. No matter what it is, this project or the one that comes after so that's actually a positive. That being said , I have listened and I met with legal and my question was tell me how I can vote no listening to the community , legally what can we do and what can we not do? That's where ER, we cannot change the policy just because of the issue before us, we cannot change the ordinance that was discrimination. We cannot move as elected we have to have a fair playing field and then adjust the justice system has to be balanced. We cannot change based on the issue at the time, we cannot that is not good government for you or those that come before you or after you or us. That being said listening today I believe I have heard evidence that this application is not compatible with the community and will alter the character of the neighborhood based on section 72-415. I am comfortable with my vote based on that and so I am not going to support the application going forward. Thank you.
I have looked this over and I have read both of them. It is a beautiful facility and I'm not going to say it's not a needed facility somewhere and I looked at both of these today and the wedding barn down around Oak Hill is a barn that has been there that was not wanted by two people who lived one mile away and supported by all the neighbors so we are not talking apples and apples it is apples and oranges. I will touch on the 10 acres because even you people in the neighborhood cannot have a house on a lot of them if you have to have the acres so we will mark that out now. It is called compatibility. The neighbors, this has been the biggest outpouring since I have been on this council about what do the people want in their neighborhood? We have to look at that and try to go and do the right thing. We have to look at what is the neighborhood need and want but when you have it were 300 signatures, 300 signatures on a petition that was sent to us, all of the emails and then the people who take their time and sit for 3/4 of the day and get to look at us. I guess you are like my beard. At the same token due to that I have to vote against it because it's not compatible with the community. That is where I have to stand with this.
I'm going to speak.
I would like to rescind my motion. >> We will do a voice vote there's no reason to rescind. You can vote no.
I would like to rescind my motion absolutely.
Let me discuss. You can rescind it but let's finish the discussion. I think they have met the requirements. The noise issue in Norman beach when the river grill was being put into effect. They want to hold it up because of that. I can hear the speedway at my house I live in the trails. Okay give me a break on the noise. You are going to maybe hear somebody's horse. You might hear a bear , you might hear the cars on 40 now. Are you telling me the church and businesses located on 40 are going to have issues? I know this is close to a church and the feed store and the landscape place, I live right off of 40. I have driven the road not as much as each of you because I try to stay on the other side of 95 but I have driven it.
The fact is we will not determine where the lien is necessary, that is the D.O.T. If the conditions are met and needed for that Lane than any business or anybody there would have to, do you have a lien when you turn into Cohen Road? No, there is no the acceleration lane. So it is no different. I'm not asking I am making a statement with a question. Any business along there whether you are going to the church or to the landscape area, if you're going to the feed store, wherever you go or if you are turning to go off to the road where you live. So I do not disagree you might need them but if you put your signal on an advanced time you can turn in. Maybe not as safely as you would like but that will not be decided by this council, that will be decided by FDOT should the motion survive and go forward. I think the white barn pictures are great. Having had a daughter married at an event two years ago I would love to have had her there and saved $25,000 or so for the wedding if it would've cost that, it probably would have been cheaper at that venue compared to some other place. I think it is needed, what really bugs me is the fact that a lot of this was led by people who have a facility like this. I am, we don't want to ask you to leave you want to see the outcome. This was brought, anyway it does not really matter. Whether or not , how it started, it was started and I understand passion for your property. You also have to understand people have the same property rights. It was developed and we had people complaining about this and I know they have the right to complain but it is a pretty good ways away from this facility. Friends of mine signed a petition to support their friend who had the petition to sign. They were not necessarily for or against it but they did not want to upset their friend. So he signed it for that reason. The point is, you have cleared up the idea of the 10 acres and three acres. I believe they comply with the conditions necessary to have it. You can say it. The motion made to call the vote, all in favor say I. Okay. Let's do a voice vote.
Can I ask one thing?
No, you are done. Procedurally we are calling the vote.
I understand.
Yes. Yes. No.
This is a call to vote motion.
We did the call to vote.
This is the motion please verify what the motion is.
The motion special exception for real event center on 10 acre parcels on rural agricultural A, 3255 and 3265 State Road 40.
The motion is to him approved.
I say no. Not approved.
Wait a minute. You are confusing me. Start over.
Yes.
No.
No.
No.
No.
No.
Yes. For the reason stated they have not applied, the motion fails 5-2. Thank you all for being here.
[ Applause ]
Thank you all for being here. We have, we have other , we have other business you all are welcome to stay if so desired. Yes. I know the name. Marty. Oh, okay. I remember it. I knew Marty forever. Thank you. We have to clear this. I am doing what the law says I should do. This will wind up in court. This will wind up in court I guarantee. Thank you all. Thank you. Anyway. I did what --
It is 2:22. We have got another, I wish this was the end so we could all go home. We have a couple more items. We will move to item 11.
Thank you, good afternoon. County engineer, the item before you is the final contract approval for the design build team of general contractors for the design and construction of phase 4 A of the East Coast central regional rail trail, the final segment connecting Deberry to Edgewater down to Brevard. This contract is $4.979 million. It would be complete total cost of the door for the design and construction with all of those aspects.
Thank you Mr. chair moved to approve contract with Maci general contractors for design build the east central regional trail.
There you go.
Motion made. Second . Any discussion? Any objection to the motion? Hearing none the motion passes unanimous. >> I would say come up here and tell us where the funding is coming from so the people out there know where the funding is coming from for the project.
That's fine we know where it's coming from. Tell who? The staff?
The public. The people sitting out and the news media.
From the Volusia County was awarded $25 million son trail grant years ago the first ever given to the governor and Volusia County qualified, this is the part we are drawing down on the $25 million awarded for the sun trail dollars. A great victory for taxpayers and citizens. Thank you governor, House and Senate.
Okay. Aren't you happy? It is still your tax money. Item 11 A.
Good afternoon, community services director. Before you today is the application to the Department of economic opportunity for the community development block grant disaster recovery program. $85 million was set aside for use 48 counties Volusia is one of those. A very tight timeframe of 30 day competitive cycle so I apologize for being a little late getting it in but it is here before you know $1.6 million for Hoosier Park and there's infrastructure needs in the area consistent with floods and big storms as well as hurricanes.
Thank you Mr. chair. I move approval of the application to Florida Department of app economic opportunity for community block grant disaster recovery funds.
Second.
Any discussion? I will give you some time to decide. Any objection to the motion? Hearing none the motion passes? You have to be ready when I call for discussion. Item 11 B.
This is an item that was asked two meetings ago to bring back a resolution , we had the opportunity to get someone from the foundation who represents the foundation who could come today. I apologize for sliding on but getting it today or waiting for several months. With that a quick introduction and we will go forward with the resolution.
Hello, I am representing the Elizabeth Dole foundation but more importantly I am representing the military and veteran caregivers that live in Volusia County. I, myself became a military caregiver January 25 I, myself became a military caregiver January 25, 2005 when my 21-year-old younger brother James drove over an improvised explosive device during combat operations in Iraq. The bomb that blew him up really blew up my life along with it and has forever changed my path bringing me here today. I even drove down Highway 40. There were no bombs, perfectly safe. What happened to my life after my brother was wounded caused me to not only quit my job, I did not work full-time for nine years. I experienced great economic impact but it also caused a physical challenge , my brother is a big guy and I had to pick him up, shower him, help him change his clothes, feed him, give him medication. And it emotionally challenged me in ways I could not even have comprehended. I grew up, we both grew up in southern Indiana in a tiny town and we played basketball in barns just like your fellow councilwoman described. I never thought when we were growing up as kids that we would long for the day where we could just shoot a hoop with some neighbors instead of spending all of our time in the car going to the VA or doctor or counseling. I did all the care giving myself for seven years until I reached a crisis point and I got to that point because I did not know there was help out there for us. The VA was there for my brother but I did not know any other caregivers like me and I did not know any programs locally, statewide or nationally that could support our family and I did not even know what to ask for. I found myself driving him to the hospital to get emergency care for a broken bone and thinking about maybe taking my own life. May be wrecking the car and taking both of ours lives and finishing us off. What saved me was another better in who sign message
I put on Facebook and he called me as I was driving down the road and told me he would meet us at the VA and get us help. I got emergency mental health intervention which I want everyone to know is available at every emergency room. Available in Daytona, Deltona and Orlando. Beyond that I learned after I got healthy enough that there were supportive services for me not just for my brother. And I could reach out to one organization, the Elizabeth Dole foundation and they would help me find services, not just national services but in my community. They were building a network of cities across the country of counties that wanted to be more than just political entities. That wanted to be a place citizens could go to ask for help and to connect of services , to connect the resources. I learned if I went to the hidden heroes website I could find free counseling, where there might be daycare vouchers so I can go to appointments without dragging a child along. I learned about transportation services that could take my brother to appointments and a host of everything's. There was somebody to help with property tax and all kinds of different things that I did not know. What this resolution is about is not about asking Volusia County to put any of your precious resources that I know are needed in many areas, not asking for any resources, asking for recognition that you know there are thousands of caregivers in this community. You have 70,000 veterans, approximately 20% of those veterans have a caregiver. If they are a young wounded servicemember or they served in World War II and are aging and need gear from their children or perhaps they are a Vietnam veteran who are suffering cancer from Agent Orange. We need to make sure all of the caregivers know there is somewhere to go and Volusia County supports them. As your County services are available to the citizens, maybe there are ways to integrate caregivers into what you already have by simply adding the word caregiver to certain programs. Or by having brochures available in certain offices where veterans and the families are already going. I want to ask on behalf of all the caregivers who cannot be here today because they are driving to the VA or they are trying to make phone calls and swim through the red tape so they can get their loved one the care they deserve. Please recognize those dedicated citizens in your community. >> Thank you for coming today and I know you drove quite a few hours to get here this morning and I greatly appreciate you coming and showing up at such a , such an early date because I know we gave you several dates and this was the one date all the schedules worked so thank you for coming. There is nothing more frustrating or more aggravating to me to see the support and the resources that are available. Not a lack of resources and support but the support and the resources that are available that people do not know about. Or that we do not get the message out about. So I move that we approve this resolution absolutely 110% and that we move forward and take note that we do have many caregivers in Volusia County helping veterans and military or active service members. And we do need to note them and provide them support and resources that currently exist so truly nothing additional on our part except to advocate and to provide that. So thank you and I think the foundation for providing a lot of that doing the research and talking with you I cannot believe how much the foundation is willing to provide us as well. So thank you for that. I would definitely move for approval.
Motion made to support the hidden heroes resolution in support of the county. Second, any further discussion? Thank you for bringing this. I know this has been out. I have not voted.
[ Applause ]
I know this is out since 2012 when the foundation was started. Thank you for bringing it back, your trip to conference in Las Vegas
where you are made aware of it because otherwise I don't know any of us would have been aware of this. Any objection to the motion?
I wanted to add as part of the national veterans military services committee reaching out to her, through that, that is one of the things I wanted to make sure she mentioned, there were only four which is completely outrageous to me. I was talking with the director as well and he was, he had the same feeling. There were only four cities or counties in Florida that are part of this. I think we should be very proud we have now joined, we will be the second County there is only one other County taking involvement in this and then we have Winter Springs, Jacksonville and Gainesville. We can maybe push Orlando and Tampa. Hopefully Volusia County can be on the ground floor and can be the catalyst for other counties that come on board. Because we are second in population of veterans in the United States. So, thank you.
Any objection to the motion? The motion passes unanimously. Thank you for being here. Move to item 12. Yes. >> The secret is out but there's a lot of aqua men and women. And
yes it is a theme. Councilmembers, good afternoon.
Water resources and utilities director. It really is my pleasure to present items 12, 13 and 14. For you today this is regarding wetland and aquifer recharge initiative. You can see from the logo this is a significant collaboration among local government on the west side of Volusia as well as state agencies. In doing something like this I cannot help but take a moment to thank so many people that are represented as well as the County manager, the legal staff, environmental management team, public works, all within County government and behind me scattered around are representatives from the cities of Deland, from the city and then Orange city . We have Deltona represented here today and of course we have the water management district staff as well. Abby Johnson of course is no stranger to county council meetings. And the head of the water supply initiative we will be discussing. Who has been to every one of the night meetings at the city commission over the last couple of weeks and is here today. And special guest, I am pleased to introduce the executive director. I would like to welcome her and provide her the opportunity to address council if I may.
We are happy to see today. We really love to see Abby. I do not see a check in your hand that I know you can be responsible for making sure we get it done.
Mr. Chairman, members of the council I am the Executive Director for the St. Johns River water management District. It is my honor to be here today among so many community leaders here and out in the audience who have supported and continue to support our water resources throughout Volusia County. In the last several years there have been nearly 50 alternative water supply and water quality and related nutrient reduction projects here in Volusia County. The total construction for the projects, over $100 million. That is you all, everybody back here, $40 million are from the St. Johns River water management District. Collectively we need to celebrate this and be proud. A large share of the effort has been devoted to one of the outstanding Florida Springs Volusia blue, declared in recovery in 2013 meeting it was water starved from water use by all of us who used water since that is you and me and all of the industries and all of the things that we do in this wonderful state. That recovery needed to occur and has been ongoing since 2013. The folks that are bringing you this project today are on the front line. They are the ones who collaborated to bring this project in the other project to you so that we can ensure we have a Springs shed providing for the future water supply and a healthy environment for an ever-growing population of manatees.
In 2018, we reassessed how her we doing with the recovery strategy and the answer is we are meeting the target goals now. Collectively because of the work everybody is putting into it and the dollars people put into it including ourselves, $22 million in district support. This project is born out of that collaborative effort. So the Volusia blue wetland recharge project which I have to admit to you is known as the pit, was identified last year in that assessment. You have already heard from your utility director who if you're not aware , he is a rock star and a leader. Don't let him get away but we do have openings.
Don't be looking to take him to Palatka.
I also want to thank the project manager and initiative leader for this project and related projects. You have done an outstanding job herding cats and all of us. Making everybody see the vision that collectively these two men and the others are bringing to the table with this project. So what is it you need to know today? Mike will give you a much deeper dive into that but basically you need to understand the collaboration. We have been talking about that and the brain trust here today. It is extremely cost-effective. Using existing infrastructure taking advantage of a pit. It is that partnership that brings the additional dollars to the table when we are working together. Is and that more pleasant than when we are not? I want to assure you the technology for aquifer recharge and cleaning the water through wetland, polishing the water, these are proven technologies. This is not some kind of experiment , if you will. So you can depend on that and the bonus is a beautiful pit transformed into something more like a park for water, for habitat restoration and for passive recreation. The district and the state and by that I mean the EP, the governor, the leadership of the governor and the legislature through spring funding, we are putting our money where the science is leading us. That is in support of this project, in fact the EP has already declared this project as confirmed for approval for multi-year funding. So if the legislature continues to support spring funding, this project and several others have risen to the top. I cannot give it a better endorsement, that has gone through a lot of hoops to get to this point. The district applauds your efforts, the efforts of the West Volusia partners and all of us coming together for water resources and the water supply. I encourage you to support all of these efforts for clean water and in particular please support this project. Thank you so much.
So she just cut the presentation in half. She is a hard act to follow but I will walk you through a couple of slides. To give you a better feel. As indicated this is one of 30 outstanding Florida Springs throughout the state and very important. Not only to the County but to the state as a whole. It has unique characteristics for restoring and protecting water supply and water quality especially as the community continues to grow and will continue for many years. That is why the strategies are a must for what we are attempting to do. Again what is unique for many of us in the water industry is commonly when you talk about utility service, you often think about the pipes in the ground and the jurisdictions. As utility managers we often act as a silo but when you talk about something like shared water resource and environmental water quality
it is a shared resource where we get the water, it is a shared responsibility to ensure it is enough for now and to future generations. Some examples that are here, you can see the joint ventures over the last couple of years, the last several years. So in any event those are some examples and again the pit is just another example of where we are going next. The project overview as a whole and the goal again, the purpose is to achieve some planning goals to meet the minimum levels for blue Springs established by state law, maintaining consumptive use obligations for cities and the county as we grow. Provide for manatee protection. Also create some recreational opportunities if possible. The water sources will be capturing stormwater currently going to the St. Johns River. We will capture it, bring it in and treat it further to a higher level and make it available. We will be doing the same with reuse. Many of you have visited the advanced wastewater treatment, when we move the water to the pit it will be treated even further. As I mentioned we have a shared responsibility. We have shared cost and benefit as well. This is a breakdown. When we talk about leveraging as I have said many times before, none of us can do this all but some of us can do something. In the situation of the estimated $12 million project, if we determine this is financially and environmentally and technically feasible with a cost of $12 million, the county investment into construction would be between $1 million and $1.5 million. We have already explained the district and the EP commitment for this. They are providing 50% of the funding as the cities will contribute as well along with Volusia County and the basis is there. During this process, as the concept is new to us it is not new to the state and there are other examples. Earlier this year we had an opportunity to talk to some engineering firms and officials in Ocala to learn about their project which is going on now. The recharged goals they have set. This is one of the key district initiatives. I don't know the exact timeframe for when it is fully operational but it has been in the works as we speak right now. The goal is to reduce nutrients from nitrogen, phosphorus and offer recharge benefiting Silver Springs. This is another location in Gainesville, in this wetland park it was created in Gainesville. Amazing facilities and great opportunities for achieving water quality goals and water supply with recreational opportunity. This is the pit. This is our location, the project location. Currently six feet acres as it exists today. Located 1/2 mile from blue spring run and state park. That would be the desired location for the aquifer recharge. This is another aerial view as it looks today. Looking down the left-hand side you will see the Springs trail that goes by the pit which runs between here , from this site as well as the blue spring state park. This is as it looks today. This is potentially how it could look in the future. A wetland treatment system , natural plantings to remove nutrients which would then be further treated. To those higher levels that would make it good quality to recharge back to the aquifer.
Again building on what could be. Again this becomes a community decision as to what we might want in the future. This is one example of how, one rendition is how it could potentially be a benefit, a community asset compared to what we have now. This certainly has support on other agencies and stakeholders. I know the site recently sent a message of support to council and to us , the water suppliers in West Volusia. So we hope we can maybe build off of this concept. The project timeline. Again there was a lot of stakeholder involvement and it will continue particularly over the next year. We engaged with the Institute of water resiliency, the save the Manatee representatives as well as the West society. We also spoke recently and sent out notices to nearby residents to let them know we had information on a change meeting that went well in Deland. Every bit of information we can gather will be vital to ensuring this is a successful project. During the presentation we had some folks that shared concerns as well as ideas. It was a great informational exchange. One of the most inexpensive consultants we could possibly have. So we will continue that over the next year of maintaining communication and letting them know about progress.
Continuing on with this timely we basically have a one year due diligence period that we will attempt to determine three things. Environmental feasibility, technical feasibility and financial feasibility.
Based on what we say today we are halfway there to the financial feasibility portion and now we have to make sure this works for us and for the community. Again this is just another portion of the timeline and the due diligence and I would be happy to answer any specifics. Really the next year will be the critical task. For your items today, 12, 13 and 14 I would like to introduce each one of them. Item 12 the implementation agreement with the states and cities, I have been to each of the city councils over the last two weeks. Unanimous support from each council at each of the meetings. Credit to the water supply managers who helped to keep this information out there to educate, inform, what this means to the future of recharge and addressing water supply issues which we will all be dealing with in the future. And now as a matter of fact. So I guess with that said with regards to item 12?
One comment before we start. We will have to do something about the amenities growing, in 1990 there were 900, now there are 6000 or 7000? At that time they said if they will occupy the springs that to make reservations and put limits. The fire marshal or somebody has to go say you guys have to find another spring because we are filled up. They are plentiful anyway. That is part of the work. You have a motion?
I would like to make the motion. Are we taking them individually?
Yes we will.
I would like to make the motion for item 12 Volusia blue implementation agreement with the cities of Deland, Deltona and Orange city.
Motion made and seconded. Any discussion? Any objection to the motion? That motion passes unanimous. Item 13 which is the joint participation with St. Johns River water management District to purchase borrow pit for aquifer recharge project. Motion made for that. Seconded . Any discussion? Any objection? That motion also passes unanimous. Item 14 a contract task assignment to Jones Edmunds associate for blue Springs recharge site load test expenditure not to exceed $157,098.
I will move. Smoke seconded any discussion any objection? Okay we got through that part of it very easily. Thank you very much.
[ Applause ].
I know there are other places that have this but I look at this as kind of cutting-edge technology. Semi cutting.
Before you leave . This is a really big deal. This is a really big deal. We went to the agenda items pretty quickly and I know we have been seated for a while thank you for waiting but I said before regional is the new local, this would not happen with us alone or with the cities alone but when we collaborate and work with the county and the water management District and our friends at the TEC. Kudos to all of you and doctor it is an honor to have you as Executive Director of the management District in the chambers today. We do not take that lightly. This lady is a real leader among leaders in directing us. We love Abby and she does bring the checks. But it is an on her. What she said, can we capture what she said earlier about the 100 million in Volusia County with all of us, the County and the cities and all the good work we are doing. Can you help us get those numbers and share? This is part of the good story that we need to tell. This is not a good story this is a great story. From all the good work from the staff I think if we have a logo Aquaman is the new logo. So we would just have Jeff take his picture or something but thank you seriously. This is a really big deal. Thank you for working with us. Looking forward to great success.
Moving to item 15. >> Thank you. Activity project manager here for the Florida Association of counties annual membership dues. For the 19-20 budget year is $62,447. Also part of the dues special assessment for the County of $25,482 giving a total of $87,929 that would go to counties for membership dues.
The $25,000?
Special assessment that the Board of Directors in November 2018 approved for the special assessment of public awareness preserve fund.
A campaign they have done in cases of legislation and counties so they are asking for some replenishment.
Yes Mr. chair. I moved to approve the Florida Association of counties annual membership and public awareness reserve fund contribution.
Second.
Motion made and seconded, any discussion?
I did want to point out, I know George mentioned the -- impact you have had in regards to pushing our agenda for Volusia County at the state level but I just want to mention some of the bullet points. They appeared at the Supreme Court supporting the county in reference to challenging amendment 10. They advocated strongly on the constitutional review commission against that and our request. Defeating other proposals in the constitutional that was proposal 95 which would prohibit local government from adopting regulations affecting commerce against jurisdictional lines. Or across those lines the other defeating the proposal that would have defined the role of sheriff in the courthouse security taking counties out of the decision-making authority. The biggest victory was in 2018 the defeat of amendment 10 on election day and that was the overall defeat or amendment 1. That was a slip. That is happening. So the overall the defeat of amendment 1 saving local governments across the state $800 million in revenue over five years but I wanted to point out with the assistance specifically Volusia County saved $21 million over $21 million defeating amendment 1. So wanted to point that out.
I will add to that. Shifting $21 million to other taxpayers. The objection to motion? The motion passes unanimous. Moving on to item 16.
The next agenda item process a request from the foundation Daytona State College for the 27th annual gala in the amount of $1500.
Okay. >> I move approval of the sponsorship request from the foundation Daytona State College 27th annual gala October 23, 2019 in the amount of $1500.
Seconded . I thought there was a question I received on this because the amount of sponsorship requested was $3500? This is different?
Different levels.
I did not think we had a level to participate.
I contacted them and they allowed $1500.
You and I talked and it was $3500. Okay. Motion to sponsor the foundation 27th annual event made and seconded, any discussion? Any objection to motion? The motion passes unanimous. Item 17.
The next agenda item
reference to sponsorship request from Heritage preservation trust for the Lillian place Heritage Ball which they will be honoring councilmember for this event. >> I am embarrassed.
Motion made and seconded. >> Any discussion or objection? Hearing on that motion passes unanimously. Item 17-there. >> Sponsorship request from Volusia County Sheriff's foundation the second annual salute to the stars gala in the amount of $1500.
I move approval sponsorship request from Volusia County Sheriff's foundation second annual salute to the stars gala September 13, 2019 and the amount of $1500.
Motion made and seconded, any discussion or objection ? Hearing on the motion passes unanimous and we will move to 19. You can take a rest. >> You said 19.
I said 18. I said 18 I am good. 18.
Okay as Tammy comes up. When we presented the budget you asked that I come back with some alternatives. So what we have done, we looked at two alternatives and we wanted to put everything side-by-side so people can see clearly where we are at. What I did or what Tammy and her staff did. We put the current adopted budget and of course the estimates where we think things will actually be at the end of the year based on discussions she has had with the heads of departments . Option 1 is what I recommended. When it was submitted in the budget document, now there is a couple of adjustments made since that time we presented and talk to you about the positions from the Sheriff's office and what you guys had approved to put in there is now in the Sheriff's budget and the property appraisers as well. So there is a slight difference from what was turned in on the budget itself. What we have option 2 and 3 we went ahead and looked at if we were to cut $3.5 million and take it down 1/10 million that would get you option 2 and then point to would be option 3. So that would be a little over $7 million in the upcoming budget year. We don't like to do this in a vacuum so like we do all budgeting we provided the updated five year forecast with each scenario because it will have this affect. When you remove money and going forward that will set the bar for where you are moving ahead. So we provided that as well. Basically what you have in the 1/10 scenario taking out $3.5 million will leave most things intact that we proposed. Most of the projects, the maintenance projects that are out there with all the capital projects. All we really have on capital projects now are life safety infrastructure, software products as well with the projects you have in the jail in the Sheriff's CAD , the 911 center. We have the 800 megahertz funded now. So that is going out to be this summer as we draw summer to an end. And then of course we commit to the medical examiner facility a couple of years ago so that is coming to fruition. So we have that out on the street. So, as far as the big major capital improvement, they are all in the area near the general fund. They are all in the big infrastructure, big for the software, kind of the backbone of what we do. If we do option 2 it does not really affect at all except for the fire alarm system getting bumped a little bit. And then in scenario 3 the fire alarm system would get bumped farther out of the five-year window. Now, the thing about the fire alarming system and why we looked at that, it has to follow the CAD system anyway. So you can do that because as you look at the schedule it's going to take several years to put that in throughout the forecast period. So as you do that the fire alarm comes at the end. So you can really push that out without a lot of detriment to the system because it would probably be there anyway. What you do in these scenarios, 2 and 3 especially on option 2 is you start taking away any of the reserves we had for the unknown. So we can look at the chart and we can see down where we propose to put away for emergency reserves to put us in line with the stated goal of the County which was 10%. So that is my recommendation to start. When you go to taking off 1/10 you will affect the reserves. And that is really what we concentrated on. So you pull back on reserves on that option but on the next option 2/10, then you get into programs and you will get into a project. A lot of that would be into what I call minor maintenance projects
and various projects in the buildings with upgrades. They would be pushed out with the five year forecast. The hard part is unless we get serious growth and take advantage of it there is no way to put them back in, so they are out and they would stay out during the five-year forecasted period if we go to the $7 million. The $3 million reduction you would be doing some adjustment and not as much reserves but you would probably still get the projects done. It is important to remember you are dealing with the next year upcoming budget but we are taking that a little further out. I don't want to paint us into a corner and that's why it is done conservatively. Anything Tammy? Okay. So what we are seeking here today because you have your hearings coming up in September, I just want to have that discussion in the open and kind of get some direction. Would you like me to make an adjustment now and put that out or do you want to take the recommended hearing and do some adjustment at that point? I figured we would start the discussion today.
I will cover these two points quickly and then I will go to you. I had my trim notice yesterday as most or some of you did depending on the mail. Thank you Larry. Looking at my taxes for next year. I looked at those and with the quote text increase my taxes would drop $8.74. For the year. Looking at the county under the current proposal we have my taxes will increase a total of $38.65. If I extract looking at something, the Echo and Volusia forever money which is $45.75 then my taxes would go down. Otherwise they go up $38.65. So if you want to look at this and say the adopted millage voted on by the taxpayers is going to be the difference in being an increase or not next year so might go up $38.65 it is a lot cheaper than my AT&T U-verse that went up $88 a month. So just for that purpose.
I have a couple or a question. This is looking out five years obviously but also looking out five years in each category using the same millage rate . So really we don't know what we are going to have next year so that is one variable.
That is correct but that will set the bar because we know how hard it is. And what it takes on the millage. Of course what you have and what is proposed is last year's millage which was a rollback from the year before.
Where it shows up as a negative for reserves or whatever, it may not happen if that's not the tax rate we have correct? And we have other variables, amendment 10 we will know by then or two years out or next year what the cost would be as well as sun rail. And if echo will continue. So there is a lot of variables. So this is only good if we keep it along the same lines we are using basing this off the same rate for the next five years. Without adding those, adding or subtracting what we have put.
It will anticipate 4% or 5% growth in the every year after this.
There are still some variables that could change.
Again you would have to take the growth. So if you put that in then we would be taking the growth.
Okay got it. >> Thank you Mr. chair. Can we get the slide, maybe that is , I want the one with option 1 and 2 where it shows the total fund expenditures in the emergency reserve percentages. That is it. Can you make that bigger? Can you blow that up at all ? Okay. So here is , since this is not a voting item , go back to the other one you had before.
She expanded and put it up.
That is not it. You had it before. Okay.
Page 18 ?
I don't know the page. That is not it. You had it before. Go back. Go back. The one with the reserves and percentages. That is the one. Blow that up. Expand that out .
That is the 5694 rate you need to go back again.
I want the five year forecast and general fund with option summary. Option one, two and three. With the revenue expenditures and at the bottom the total reserve. Go back.
Okay as they try to figure that out maybe we can get this ready next time Mr. manager so we can have something? Okay so council nobody can read that. Option 1, 2. They have it up.
They had it before.
A comparison, not the forecast.
Okay option 1, 2 and 3.
Let's make sure we can all see it what you are talking about. Either let's get it on the screen or pullet up individually.
The very top Volusia County five year forecast fund adoption summary starting with a major capital improvement plan. Okay so we are going to look at , so Mr. manager you asked a question as a council. What do we want to do? For me I don't want to go forward with the initial presentation. I will not vote for that. Doubt option 2 or 3. We have to, at this time, show good fiscal restraint and return some of the increase back to the citizens. We absolutely have to do that. Option 1 does not, we absorb the cost per option 2 it is my understanding option 2 has with the majority of the council voted for the EMS and fire and six extra positions for the sheriff which most of us voted for but that is still included. So we are not cutting that out does the council agreed to help EMS and fire and sheriff's department? We are not walking away from that but we are walking away from putting some projects out. What you said is the key. The percentage of reserves and remember we are debt-free in the general fund so should something unforeseen happened we have the ability to move around the budget in whatever we have to do in the emergency situation. Even with that it would take a big emergency because the difference between option 1 and 2 the total fund expenditure is 8.1% option 2 only 8% so we are down .1%. Under emergency reserves 14.6% option 1, option 2 13.5%. Again a little over 1%. If we cannot negotiate the number this big around the 1% differential we are in trouble before we start and I have every confidence in the staff and manager going forward making the decision that I think this is very workable and the return , it returns part of the increased back to the taxpayer and citizens but will lead us strength in those departments we made a commitment to and we have made a commitment. In growing some of the projects but still strengthening reserves. Reserves are strong there is no getting around that so I am fully confident option 3 might be a little bit too much. But I think this one is just right. I think number 2 option number 2 would be workable from my point. But I am not going to support the original recommendation. I think this is one we can defend and do what we need to within the county and returning some of the increase back to the citizens. That is all.
A couple of points. They are going to be very important next year if we do not prevail. On amendment 10. I know you set aside in one of the budgets 3.1 or $3.3 million. 3 million -ish. Whatever it was you have set that aside for the tax collector.
Transition 2.6.
You have not set aside any additional for the Sheriff's operation I don't believe. For all transitions about 2.6 million set aside for that.
2.6 million total for the other four. Not counting the $3 million for the tax collector. Correct?
Nothing for the tax collector other than the normal transition. If we get something like drivers license or something we had to get into at a higher rate than we think that would be additional. The other thing is the sun rail money. We have like $3.2 million in there for the sun rail. So you have under the option, option 2 you still have that money. But we cut back on the emergency reserve is what we did in option 2. Option 3 cut back even more. >> I just know that next year we will have a huge tax increase because the expenses will be there without the growth, the extra revenue. We will have growth but the actual revenue I don't think will be there.
I think the expense will be there. I want to say now I would not want to cut more. I show you how little it affects my taxes $38 per year versus $80 for my U-verse everybody else is getting those hits as well but all we can do is scream about those and these. So I will let the others speak.
I agree with that also we want to do everything we can for the citizens but no matter what the citizens did build a tax increase with amendment 10. Any time you add that sort of burden we have to think about where are we going to get the money? It's not going to fall out of the sky. This past year there were some things we had to do. The medical examiner office, we had to do something about raises. We have been telling employees we were. Fire came to the table. We all love 5.4 or less but if we do that we are putting ourselves and future council into a burden that cannot be overcome. So we have to look at this at the moment and say what is the best option and I think this is the best option.
Option 2? Okay.
Ditto. I think option 2 certainly shows we are considering a lesser impact and, we just have so much unknown ahead even when we look at the current economy. We do not know what is next so we have had a strong 8.2 growth this year what does it look like if it is flat in future years?
It would be ugly.
My point exactly. We have had some long steady consistent growth. There will come a time, 3% was the standard and the average but even when we get to that impact. If it goes below that we will have trouble. So I think this is a way of just being very thoughtful about what is ahead of us. So certainly option 2.
I think it is important we lay out so next year at this time when we are where we said we would be last year it is not that we did not expect it and we do not expect this and the residents
they will know yes we took advantage of this year like last year we went to the roadmap and gave them everything. We went into zero debt so that's where it will leave us.
I am also in agreement. I think option 2. It is kind of middle of the road. It is not but I would like to do but we do have to look ahead. What I am wondering. We are still going to be increasing what we have at that point that we are generating. And I am wondering if we cannot considering instead of taking less money in option 3 with 2, possibly adding may be a good water project or something. That we can use some of the money for, it is still something we need to do but a project we are giving back to the citizens. . The water projects or whatever, I don't know if we could put something aside for one of the projects we already need to have done. I don't know. Just a thought but option 2.
We have a consensus. I think I have six out of seven with option 2 to go forward. And what we would like to do more. If I was the Emperor which I am not I would hold it where it is and not gamble because it is a gamble and to me watching out for the taxpayer money it's not worth it to say we will give it this year but we will stick it to you next year. It is not us sticking it to them it is the cost of business increase that will cause it to have to happen. But I will support what you want to support because we are funding important things. Having the reserve is okay this time we can build it up over time. Because no hurricanes this year, no hurricanes next year or the next five years after that. That is my story I will stick to it. On that one.
Six out of seven said 2.
I will indicate as well. I am in agreement moving forward.
Seven of us say forward moving 2. The second option.
We will go ahead and prepare the budget. For the meeting for September.
That is your direction. Will now go to my next favorite thing, 19.
Applicants any council member may make a nomination. I would hope anyone that makes the nomination would have talked to the person they are nominating. This is a very important position. The person was on there for 20 years they are replacing. He is someone I nominated to serve on the planning area and then was promoted. Does anyone want to make a nomination on this one or we will bring it back next time? We will bring it back. We will go to public anticipation. John has already left us so we will not have Mr. Nicholson here. We will go to George for closing comments.
You guys just gave the direction of the day. I will say today I know that we did some tough stuff but I think it was a very good day of work today. So a lot of tough decisions. I am glad we are hitting them head-on together so I appreciate that. I think everybody working here appreciates that as well. >> Do you have any idea, any update where we are at the courts at this point with the amendment?
I think you said that it would be September at least.
The court has not set the oral argument. I expect that in the fall. We will certainly let you know. Whenever that is determined.
I want to point out. I know we talked about the resolution but I wanted to point out the Florida Senate did resolution in April to support and advocate for military caregivers so I think it's wonderful we are mimicking that. I wanted to address the public meeting participation. Today there was some confusion in the audience as to how they should go about , how they should go about speaking or being involved. There was no one at the 9:30 that spoke and we had a lot of people who wanted to give input. I don't know how we can work to get the message out to the people as they come in or have them understand the process better. I did speak to some of them and they do not quite understand the process and that was at 9:40 so they could not talk at that time. They did speak later but I don't know what we can do to help the public understand meeting participation rules.
I was under the impression when someone comes in with the agenda asking to speak I know that's what we did to eliminate that. When some people come in.
We do. The staff is back there. Some of them working security detail, but they are instructed to get the people to the yellow slips to let them know. I will go over and make sure certainly but if they see somebody looking confused or unsure, they are instructed to do that. Because there is a sign.
That may have been overwhelming this morning because we had so many. This morning because we had so money many it was evident they wanted to speak but at that point especially I wanted to point out since we did talk about the upcoming budget and the trim rates. The next meeting September 3 we have a public hearing 6:00 until 8:00 P.M. for the public to come and that is an opportunity for them to provide input on that aspect. So please no 6:00 until 8:00 P.M. Where is that located? In the chambers. 6:00 until 8:00 P.M. September 3. Opportunity for the public to have input on the budget. That is all that I have.
Thank you.
I am good, thank you.
I am good too.
The only thing I wanted to mention. I was probably one of the first council to come through this morning and the crowd was following me so I directed them to fill one out but there was no other staff or security at the door at the time. So frankly when I looked out and realized the level of the crowd so I do think it is important we have someone there at least by 9:15 perhaps. Because it was somewhere between 9:15 and 9:30 when I came in. Maybe it was yesterday. I think especially in light of what's happening in our society now that is important we have that presence at the door. Thank you.
Mr. Johnson.
Nothing.
I will make this quick so we can get out of here quickly. There is a brief update. I had a meeting yesterday with part of the news Journal. Covering some points. We have not received a response from letters to
Florida D.O.T. and we have yet to hear the funding mechanism the secretary outlined on phase 2 or getting any details about the project scope or estimate. We do know the recent change where Nicola has been moved to the Turnpike and Mike Shannon the current secretary of district 5 is taking over that position. And we mentioned this morning which some of us were aware of. The sun rail has been operating without a COO, CFO, safety director, and now they have a new
dual serving secretary of district 5 as the sun rail. I did find out by email he may still have the meeting with me Thursday. So, how can we negotiate the issues we have with the change in leadership? I only hope we can because I had a meeting scheduled for this Thursday. Prior to the meeting Thursday or Friday for the sun rail commission. We may be headed to a resolution dispute process with our partners and set forth the contract. We may have to look at protecting the citizens and their interests in other ways. If we work out the details those partners would like to move forward in a more limited role. I have also been asked to contribute a community voice on the sun rail issue laying out to the individuals and I would like to, I can do it individually, I would like to do it with the support of the council in at least making the statement that our interest is to protect and limit the exposure and cost to the residents of Volusia County. If that means we don't know if we get the funding for Deland anyway, if we do it would be somewhere between $100 million for the project for the 11 miles of roadway and our cost would go up from $3.3 million estimate we have on operational cost to $11 million or $12 million per year. A little higher? Do you think? I took the percentages.
We really do not know that is the big issue.
It depends if we go to 20% of the mileage that would give us of the 60 miles we would have, we do not know because originally they projected between $3 million and $5 million per year. We know last year it was $40 million. They do not cover the cost to cover the conduits issuing the tickets .
We really do not know. The scariest thing is you have a large project as you pointed out without leadership on top of it. You have, in the deficits that were multiple times higher than we ever thought. So there is no evidence to suggest it is getting any better that's for sure. Everything now if we were to draw the trend is trending worse. I am hoping the meeting we have with the sun rail commission that we can get some dialogue with our partners to see where they feel about the change in the sudden change of management with someone who has been involved in the sun rail the last three years or so. Now we have someone from Florida D.O.T. Not that he is not capable he is very capable but he will have two be brought up to speed with no staff. Without a CFO or COO and without a safety person involved. Safety is paramount. That is one of the biggest issues we are facing. The issue of safety. Basically right now they are running, consultants are running sun rail. From what I hear from behind the scenes.
Consultants are running sun rail. I think they made the move so they are saying May 1 so they are saying May 1, 2021 it is the commission, you guys run with it. So if that is the case we are going to be stuck. So we will work behind the scenes not in front of the scenes on whether or not we get the funding. Did you want to say something? You used your time. Go ahead.
This is really important. The Volusia County government community partners will kickoff the 2020 census awareness campaign at 5:30 Wednesday, August 28 at the emergency operations center
on Tiger Bay Road. Individuals and representatives from cities, businesses, social service agencies and faith-based organizations are invited to attend and learn how they can help spread the word on the importance of completing census forms. Councilmember and I are cochairing so she will do the Westside and I will do the east side and we are setting up speaking engagements to inform your community. So if you have an organization you belong to or homeowners association, if you on the website contact Barb if you are on the east side contact me and we will organize it and come to your area to discuss how important this is to the community. So please help us raise awareness. We have got to have a good count for federal funding. So this is really important. Barbara and I are ready to kick off and take it on.
Okay thank you both for agreeing to serve on that. Is going to be a lot of work but you're going to have a lot of fun I guess. You are laughing so maybe it will be a lot of fun. One thing I will bring up in a broad sense of things. Let's remember to review the travel policy that we have and make sure we follow that each time we travel. So we do not have any issues on that. And with that we will adjourn at 3:41.
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