(Captioners standing by) (Music plays) SPEAKER: Welcome to the Volusia County Council Meeting. The meeting will begin in 10 minutes. (Music plays) SPEAKER: Welcome to the Volusia County Council meeting. The meeting will begin in five minutes. (Music plays) SPEAKER: Welcome to the Volusia County Council meeting. The meeting will begin in two minutes. (Music plays) JEFFREY S BROWER: OK, if everybody will find a seat we will get started in just a few seconds. OK – good morning everyone, it is good to see you here. We will call the February 6, 2024 meeting Volusia County Council meeting at 9:04 AM, we have people filtering in. We will start with an invocation and the Pledge of Allegiance. In just a minute I will ask you to stand if you care to for the invocation and the pledge. If you are a member of a faith group who would like to participate in the invocation, or any County Council meeting, send an email to kgreen@volusia.org, this is K Green on my right, your left, and she will get you set up. This morning we have Pastor Joel Newman with Life Fellowship Church of the Nazarene from Deltona. If you would all stand with me. Pastor Newman. KARISSA GREEN: I just got a text message that he is stuck in traffic. So a silent invocation will do. JEFFREY S BROWER: We will have a silent meditation. Thank you. (Pledge of Allegiance) JEFFREY S BROWER: The pledge sounds really good with a full house. Thank you for participating. We are going to start our meeting a little differently today because we have two very important proclamations and I would like for all of you to be able to enjoy them and be able to celebrate with the people that are being honored this morning. I am going to ask the council if someone, one of them would make a motion just to change the agenda and we will brings items two and three up even before participation. You will like this, it is all good news. KARISSA GREEN: Can I go ahead and do roll call before you make the motion? JEFFREY S BROWER: You can do that to see if we are here. (Roll Call) JEFFREY S BROWER: Thank you, Karissa. MATT REINHART: I like to make the motion to move items two or three to before the public. JAKE JOHANSSON: Second. JEFFREY S BROWER: Motion by Matt Reinhart and second by Jake Johansson to move items two and three forward, before public participation and then the rest of the agenda. All in favor say aye, any opposed? Motion carries 7 to 0. Matt, I am going to turn it over to you for the first proclamation MATT REINHART: Thank you, capture. As everyone is aware of the accomplishment of Mainland high school winning the state football championship, I thought it was necessary since is in the heart of my district. I bother Pat in the wee hours of the morning saying we have to do something right away. I am proud of these young men and what they accomplished, it is a while. The last time that they won a state championship was when the coach was on the team. Nonetheless, it has been a while. It is so cool to see a team in Volusia County, a group of young men that were able to accomplish such a task to play that many games or injuries, through everything else. So, I hear they are going to bring them in. JEFFREY S BROWER: Who did they beat? MATT REINHART: St. Augustine. JEFFREY S BROWER: How many points? MATT REINHART: 21 to 19. JEFFREY S BROWER: It was an amazing game. MATT REINHART: An amazing game. We are ready and then I will start working my way down that way. (Applause) (Video plays) (We Are The Champions plays) (Applause) MATT REINHART: Go Bucks, absolutely. These gentlemen, I am so proud of you. The county is proud of you. I wanted to take this time, I want to make sure you are recognized for such an awesome accomplishment. You need to be proud and hold onto that forever, this is something you share with your kids. This is very cool. Before I read the proclamation – I will read the proclamation first, to see if the coach wants to say a few words. Whereas Volusia County proudly celebrates the Mainland High School Buccaneers victory in the class IIIS championships, defeating St. Augustine, 21 to 19. I had to throw that in there. The Mighty Bucks have crushed the competition finishing with a 15 and one record. Guided their phenomenal team to the victory. Where's the 2023 season is a great source of pride for the players, coaches, fans, administrators, families, students, alumni, County Council. In support of Mainland High School athletics. We acknowledge the character, teamwork and talent displayed by the student athletes in winning the state championship. Now, therefore, we, the County Council, Volusia County Florida, do hereby proclaim February 6 at, 2024 as Mainland High School Buccaneers day. As any character and teamwork displayed by the athletes in winning the 2023 High School Association, class IIIS championship, dated this day. I understand every player will get one with their name on it as well, and that is cool. Thank you guys. Coach? SPEAKER: Good morning. I would just like to start by thanking y'all for being here in support of us and acknowledging our great achievement of winning state championship, and behalf on the team, on behalf of the players, thank you all and thank you for allowing us to be here. (Applause) SPEAKER: Good morning. I am head coach Travis Roland, thank you for this opportunity. We are forever grateful for this opportunity it did for me as a young man, so with my teammates, to be able to achieve such a goal so we are thankful for that and thank you for you recognize them. My proclamation from our championship hangs on my parents also something that we will have as a keep sake, and we are thankful to represent the county in such a big way and do it in a positive matter. So many time groups of young men and women are not able to do things together in a positive manner and make a name for the county and city so we are grateful we had the opportunity to do this, and we hope that you will continue to support us and everything you need for us we love to have partnership with you. We look forward to it, and thank you. (Applause) SPEAKER: Good morning. My name is Terri Anthony, athletic director of Mainland High School. We would like to thank you for this opportunity and recognizing these young men for this accomplishment. One of the best things about this group as they are not just athletes, they are truly student athletes, and that is something we stress that Mainland High School and this group right here is the epitome of that. On behalf of our administration, school, and this team, we would like to thank y'all for this opportunity. (Applause) MATT REINHART: Thank you, sir. Do you want to do the photo? SPEAKER: (away from mic) MATT REINHART: Alright, outstanding. How many to Florida State? Had to throw that in there. SPEAKER: Coach in the middle, OK. (away from mic) SPEAKER: It is down as low as it goes. Can we see that (indiscernible) (away from mic) do they need to come up? That's good. Is there anybody who needs to move? (Laughter) SPEAKER: OK, thank you. (Applause) (Music plays) SPEAKER: Athletic director, Terrence Anthony, is going to read the names of the Bucks. TERRENCE ANTHONY: This is a long list. After you hear your name raise your hand. I will start off with coaches. (audio issues) assistant coach Dennis King, assistant coach Fred Noland, assistance coach Jeffrey Harris, assistant coach Jeremy Victor, assistant coach Martin LLoyd. (Names of Athletic Team and athletes) (Applause) TERRENCE ANTHONY: (Continues roll call of athletic team and athletes) This is your 2024 (away from mic) (Applause) (Music plays) (Video plays) SPEAKER: (away from mic) (Laughter) (Applause) JEFFREY S BROWER: Thank you all for indulging us with that. That was fabulous. As a Mainland Buccaneer alumni that makes me happy. That was long before they had air conditioning. (Laughter) JEFFREY S BROWER: The next proclamation we have is also very special to everyone of us. It has been a year of change, 2023, for Volusia County Beach Patrol. Change is often hard but it often leads to something better and stronger. That is the case here. We want to draw your attention to these three people in the front. While we honor the Volusia County Beach Patrol that the state has honored, so... Who's going first? Matthew? Matthew Sparling? MATTHEW SPARLING: Thank you. I am president of the Florida Beach Patrol chief association, and organization that is founded in 1983. This is our 40th year anniversary this year that Volusia County has won the beach patrol of the year. The mission of our association is to identify measures practices and programs that will prompt public safety along Florida's hundreds of miles of beach. The association currently has 50 agencies as members that work in ocean life endeavors. One of the things the association does is recognize one beach patrol the dozen outstanding job and gives back to ocean rescue annually. This year's recipient is Volusia County. Volusia County has long been every leader in ocean rescue, many have looked at being the only triple certified police and EMF guards in the state. There have been majors changes for lifeguards, much of staff was lost to outside agencies due to the transition but many continued to the task of emergency response. Population increased 17% in Volusia County. All of the people moving to Volusia County go to the beach, enjoy the weather and the great cost of living. This -- this has led to increase in call volume, medical responses, severe incidents that have been responded to on the beaches. Not only an increase in residence but the number of special events like Jeep week, various Daytona Speedway races, bike week, live concerts and music festivals have been bringing in massive tours to the area. They managed to cover and safeguard the public during these increased times of need. This was not an easy task to the fact of legislation changes coming at a time when beaches across Florida struggled to find qualified part-time staff to fill their towers. The organization that effectively lead to less staff at the time and emergencies in the water were increasing. Volusia County responded to 42,000 calls for service, 2512 ocean rescues, 1162 medical responses and performed 35,800 lifesaving preventions with the reduced staff working overtime to ensure expectations were met. A lot of organizations could folded under pressure, become negative, but not Volusia County ocean rescue. They come to work everyday with a smile and serve the public with nothing less than excellence. For these reasons and many more alone, I'm proud to present the Florida Beach Patrol Chiefs Association prestigious Beach Patrol of the Yyear award to Volusia County. (Applause) ANDREW ETHRIDGE: Thank you. I appreciate all of you coming here today to see this. (Laughter) ANDREW ETHRIDGE: The state champs are a tough act to follow. I appreciate the support from the Florida Beach Patrol Chiefs Association. They've stood by us and helped us work through a lot of the issues that we faced. It was a challenging year. As everyone knows it is a very public transition, a public challenge for all of us. Truth be known, I could not have done any of this without my staff. Although I get to be the one standing here accepting the award, this honor really goes to all of them. I was in my office trying to work on strategic plans to move us forward and trying to figure out what the future look like for the agency, making sure we were meeting expectations and doing everything we could to keep the public safe while they were all out there on the beach itself getting everything done. So truly, this award is really deserved by all of them, as well as all my part-time staff, administrative staff, everybody involved. So I want to thank all of you for support. It seemed to be unending. Every time we needed something you were there. My direct leadership, Mr Swanson cannot be here this money but I want to thank him personally as well. Thank you to my staff, thank you to the support to the Chief Association, all the counter parts in the back it came from the state to be with us. Again, thank you for your support. (Applause) JEFFREY S BROWER: Chief Etheridge, before you go, David Santiago would like to say something to you. DAVID SANTIAGO: Thank you. I want to personally thank you. I do not want to underscore the importance and how your leadership really helped this difficult transition. This could have went south for Volusia in availability of staff. I want to personally thank you for your leadership, I know it was tough. You kept your head up high. You motivated your troops. Your leadership team stood by you. I would personally forgive us to every one of those triple certified lifeguards that stood with the county Beach Control. It's important for them to know we really appreciate it. It could have decimated our efforts, then staying with us, you staying with us is a big thank you from Volusia County. I wanted to say that personally, thank you. SPEAKER: Thank you. (Applause) (Camera flashes) (Applause) SPEAKER: Do you need a vote on either (away from mic) (Applause) JEFFREY S BROWER: OK, we thank all of you that carpooled and rented buses to come in here and celebrate with the Mainland Buccaneers and with the outstanding Volusia County Beach Patrol. Council we do have to vote on the proclamation to the mainland football team to see if they really get it. SPEAKER: I would like to make that motion to accept the proclamation for the state champions. Is there a second? JEFFREY S BROWER: Matt Reinhart makes the motion to accept and approve the proclamation. Councilman David Santiago seconded it, all in favor say aye? SPEAKER: Aye. JEFFREY S BROWER: Any opposed please leave the floor (Laughter) JEFFREY S BROWER: Motion carries seven to four. Now we will return to our normal order of business which always, normally, begins with public comment. I am going to ask you if you were here to speak on item 4 on moratorium, please speak on that item instead of now. It looks like that is what has happened. So first, we have Paul Richardson. You will have three minutes. When I call your name, please come down, tell us where you're from, you do not have to give your whole address for safety reasons, but tell us where you are from so your Council District representative knows who you are. SPEAKER: Morning counsel, my name is Paul Richardson of DeLand. In the United States Senate, a recent bill was released and it is garbage. It is a dumpster fire compared to what is going on in Washington DC. Right now (audio issues) human trafficking and slave laboring. I know it does not roll off the tongue but (indiscernible). Everything a person that has their name attached to that bill should actually be ashamed of themselves. This will not stop a legal (indiscernible) but further encourage NGOs to break our laws. Look, I have nothing against immigration full to my grandmother was an immigrant. I would not be here without immigration. However, we should do this the right way, through the front door. Only criminals break into your house and squat on your couch. Thankfully, this bill is DOA in the United States has represented us. However, you want to call your Senator or presented of to vote against the bill. (indiscernible) 8332452534. (indiscernible) this bill does not help anything. This insanity of the southern border needs to end and this builders not help anything. Instead, the United States Senate should take up the secure the border act of 2023 and agent (unknown name) of 2024 both of already passed the United states House of Representatives and have media support of the American people. God bless Volusia County, God bless America and her enternal ally, Israel. SPEAKER: I and here representing the Volusia County stance with Israel. We are hosting our first remembrance walk at Sunday, February 18 at 3 PM. This is a peaceful ceremony followed by a walk supporting Israel and remembering the 132 hostages held in captivity for the past 122 days who must be brought home. If you cannot walk, you can join us for the ceremony. There are three ways to sign up – Facebook on Volusia County stands with Israel page, text 386-586-3655. I have provided everybody on the Council with a flyer for the location and I request you do not share the location, for safety purposes, they have to sign up. I think you for your time and sacrifices to our communities you do thank you, have a good day. JEFFREY S BROWER: Thank you. Jack (unknown name)? SPEAKER: Good morning. My name is Jack (unknown name), I have lived at 1102 Barton St. for over 30 years where we are west of 15 a and the CX railroad tracks in Northwest land. The house was born in 1926 and has a dozen live large oak trees on the lot, up to 5 feet in diameter. Five years ago the portion of our property started to go underwater. It never dries up even in the dry winter months. The last two years have been the worst, where you have the garden is now 6 feet underwater. The trunk of a 3 foot diameter Live Oak has been underwater so long it is dead now. Two others are half dead, these trees are my canary. Alive for 200 years. The city engineer told me the water from Mallory Square, drains into our area per the design. The County told me no water from the project drains into our area, per design. The County stormwater guide said our street drains into Mark Street and the drain was put in the area in the 1970s, broke the regulations at the time. FDOT engineer said 15 A, drains into our area, put in a 1950, and the same way. I asked the county simple engineer of the water came into a house, with the County do anything? His response was, "Call your insurance company." The flooded areas within 100 feet of West Minnesota and 200 feet of the South. None of this is on the County floodplain map. Who has flood insurance when you are not in the floodplain? About 12 individuals have lost use and value of their properties. One house on Craner, and one on West Minnesota have lost all of their backyard and within a few inches of entering the house. CSX railroad tracks are flooded and some Duke energy and most of Volusia school FFA farm passenger. Any water that comes into the close patient dissipates by evaporation or percolation only. In the dry months, about an inch a week, with no runoff rain. Online property appraiser appraise my property, it was by Zillah real estate at 262 700. On-site appraiser was 160. On-site asked about the flood of water, and to help close the gap of the appraisals, anybody need feet further back? I am selling (indiscernible) by the pound. JEFFREY S BROWER: Stan Pollock. SPEAKER: Hello, my name is Stan Pollock, I have lived in Ormond by the sea since I bought a house in 2014. In 2016 I started trying to get some issues resolved with my next-door neighbor through code enforcement, and that has been a failure. I want to start showing here in the Council meetings examples of simple issues with which are essentially ignored. This is the code that says RVs can be parked in residential areas, but have to have current license, and its history forward coat to keep people from parking their vehicles in their yard. Second page. This is a picture from the street showing the RV is readily visible and in this case there is no tag on it because it is after the tag had expired. Next page. This is a page from the Florida DMV. The license tag and vim number and registration information excluding the owners name and physical address, our public information. Anybody can call the DMV and verify this bid number was related to the tag and the County code enforcement has a system access where they can actually go in and verify the name and the address of the vehicle. Next page. This is a complaint I sent it on January 15, describing the RVs backyard, registration expired in September 20, 2022 and included pictures of the vehicle which is a picture of a screenshot from the DMV and submitted it. Next page. The day after that, the complaint was closed as no violation, the description simply says from web complaint, no description they are putting in there noting there's a complaint about a vehicle. Again, this is been since September 2022, over 500 days. How many days of complaints do I have to make to get something as simple as this resolved and why is code enforcement ignoring the codes? It doesn't make any sense. Anyhow, this is the simplest. Next page. This is the DMV screen from a few days ago showing that the tag is still expired. Again, I am trying to show the simplest things that I can. I will have to get into the more complex things like the 1200 square-foot building that was built in the back yard based on expanding a one car garage to a two-car garage but that will be another month. Thank you. JEFFREY S BROWER: Jeaniene (unknown name) SPEAKER: Thank you. Thanks. After three weeks of attempting to ask for a meeting at your convenience, this is the reason I am here because I received no response. Councilman Reinhart chose to remove me from animal control services, as well as animal control services, without even taking the time to question me as to what happened, the truth. This is not serving the people nor the animals. I made the Beacon front page which made me feel like public enemy number one, and even they have a chance to be heard. At almost 83, I am working on one heart valve, I have been living my life without blemish. I ask for a written publication stating that (unknown name) regarding animal control is not accurate. We took the time to trust you and vote you in. You did not take the time to hear me out. Thank you. JEFFREY S BROWER: John Nicholson. SPEAKER: John Nicholson, Daytona Beach, Beachside. I went to gala for (unknown name) shelter this weekend, and looked at the crowd, and a big crowd but not as holistic as I would like. I have talked often in the past about the city, the county, and the school board, working together. You are our three biggest political enemy – entities in the city. Yes, sometimes you are our enemies. As you will see some of the people coming up to speak in a few minutes. I taught for 20 years and the schools changed drastically from the 70s until I left. They are no longer based on education. The holistic thing is we need educated people, not just an educated workforce. People have to be knowledgeable about the things are happening. You have a speaker speak about something that is happening now. Most of the public have no idea that there are three entities that she is speaking about. There is Zionism, which started the country, which is a political entity, like fascism, communism, Nazi-ism. Zionism is that kind of an entity, which is different than the state of Israel, which is a political land. Is an entity where these people have gathered. The third one is the Jewish faith, it is 4000 years old, and predecessor of my own religion. When we look at what is happening there, we have to back them. But we have to back them with reason. They are not without blemish. Even their own people are having a hard time with their leader, like we are having our hard time with Trump, they are having a hard time with Netanahu. Our school board is to educate our people not only land wise, if you ask anybody about geography, where is Canada? Somewhere over in Europe. That is an actual response from a student. Almost all of us know Canada is is to the north, Mexico is to the south, it is common knowledge but 35% of our students do not know that. We have lost the education, the camaraderie. How often, other than the fact that somebody is here whose husband is on the school board and on the first shelter, we do not interact. The students have lost education, you all need to work together, everything needs to fit into place like a puzzle. Thank you. JEFFREY S BROWER: Thank you. That ends public participation for the general topics and will move to item 1, the consent agenda. Does anybody have an item they would like to pull for a vote or for informational purposes? Danny Robins? DANNY ROBINS: I believe item E. Excuse me, not E... It had to do with the Echo funds here, I lost it. P. Item P. JEFFREY S BROWER: For information or for a vote? DANNY ROBINS: It may lead to a vote. JEFFREY S BROWER: oK. Troy Kent. TROY KENT: Items C, D, and J. And would make a comment on, not for a vote, I do not see any names but I will make a motion to approve the consent agenda as proposed, absent item P, per Councilman Robins. JEFFREY S BROWER: You had C, J and what else? TROY KENT: C, D, J and I am making a comment. JEFFREY S BROWER: We have a motion on the table to approve the consent agenda besides item P. We will conducted. That motion was by Vice Chair Kent, and second was by David Santiago. Any discussion? All in favor? Of approving the consent agenda, absent item P, say aye. Any opposed? Consent agenda is approved, 7 to 0 so we will go to item P. Jessica and Ben are both here for item P which is the contract with Greenway Bridge, LLC for Tide Street pedestrian walk over replacement. DANNY ROBINS: Real quick, I had a couple questions. Items M,N,O,P. My question is about the direct expenditure coming from Echo? SPEAKER: Good morning. This is Jessica Fentress, Tide Street is located in the North Peninsula of New Smyrna Beach, north of Sapphire Road where we enter into a double dune system where the majority of the county is not in that situation. Because it is immediately south of the inlet, because the two jetty system at the inlet, Tide Street, Ocean Street, Cortez, there are about six walk ups there who have been fortunate to not have damages from (Unknown Names). Tide Street is in here, direct county expenditure through the Echo funds. You will be seeing probably in the next 3 to 4 months, another aging boardwalk that is suffering from UV impacts, salt, deterioration. You know how hardware on the beach does not stay. Our hardware are starting to become very risky to losing the structure and public access so that is why this one is not a (indiscernible) project. DANNY ROBINS: That pretty much answered it. How long, from your expense to usually get? I know we had one right before Bethune, that lasted what, 20, 30 years? SPEAKER: When I came in 2016, we were just getting out of the economic downturn and replacement was not necessarily an option at the time. We started changing our maintenance practices were instead of replacing boards we found you could flip them over and you still had a pretty solid five to seven lifespan on the underside of the board. We are holding our structures for longer period of time but at some point the hardware has to be replaced. We were fortunate, we rebuilt 38 walkover's entirely out of our (Unknown Name). Coming through this and and Nicole recovery we are putting another 40 walkover's that need to be rebuilt in place. We are changing our design where Tide Street which we just referenced, we are not doing an elevated timber walkover structure across a long distance. We are transitioning them to on grade sidewalks. It allows for longer duration of lifespan. It is easier for people with mobility issues to approach. If we only have to fix a walkover going over a dune, it is a lot cheaper to maintain in the long run. Our folks can do it in-house and it is not as big an effort as well. Usually, if we do not do anything you could probably get 10 years out of it. But we are getting a longer lifespan because we are doing more of a upper, preventative maintenance program. DANNY ROBINS: Thank you for stretching the dollar for us. I lead a motion to approve (indiscernible). JEFFREY S BROWER: Danny Robins makes a motion to approve, seconded by Matt Reinhart. All in favor? SPEAKER: Aye. JEFFREY S BROWER: Item P is approved. Thank you very much for your detailed explanation. Item 2, the Mainland High School Buccaneers Day, I wanted to mention that name again, is completed and the Beach Patrol presentation and item 3 is completed. Congratulations again to them. That brings us to the reason that most of you... TROY KENT: Quick point of order can I comment on the three before we move on? Counsel, quickly, those three items, and we have a decent amount of public years will. Item see, people talk about her budget, although it is large, things like the chillers that we just approved in this building right here in this complex, it blows my mind, but it is the cost of doing business. Not to replace the chillers, but just to make sure that everything is in working order and continue the five-year warranty. We approved $527,180 for a five year extended warranty on those, and a little work on them as well. With that amount of money I wanted to talk about it for a minute. It is a necessity, we have to do it. That was item C. Letter D, George, one of the items I wanted to talk about was the restroom. Thank you for tin care of that. Finally, item J, I'm appreciative that the Friends Of The Marine Science Center for Living Shoreline Exhibit donated money to make it better. I wanted to publicly thank them. JEFFREY S BROWER: Thank you. You were real clear that you wanted to speak to those three. Great comments, thank you very much. That brings us to item 4, the second reading of ordinance 2023-47, and ordinance implement in a moratorium on heavy industrial I2 zoned parcels, all of them. Do you want to introduce it and then I will open it for public comment? I think we have 36 people that would like to speak. SPEAKER: Be very brief, (indiscernible) senior assistant County Attorney, this is the second reading of the ordinance. This is a public hearing. Again, this is put in place for a period not to exceed nine months with a three month extension, subject to the approval of the County Council. It is basically putting a pause so we can identify the issues with the I2 zoning and the list of permitted uses. We will go back and revise those standards, bring it back to you for final direction on that. If there any questions for us, we are available. JEFFREY S BROWER: Like, what with the timeframe be if this was approved this morning? And then goes back to you, you bring back to us, suggested changes? What do you anticipate? CLAY ERVIN: The deadline we have.... Any changes we would make would require two hearings in front of the public body. He would have at least 3+ a direction meeting here so over that timeframe you were looking at at least two and half or three months from that perspective. We are also going to have to dig into what the current list of permitted uses in the I2, specifically the statement of any industrial use of structural building. We would have to go through that, bring it forward to you. I would say, at the very earliest we could do something again, it could be July. But again, depending on what happens with the public hearings the direction we will get. JEFFREY S BROWER: OK, my concern is, you can probably guess, we are on a bit of a collision course with the Florida legislature who has several bills in committees, working forward to actually preempt us from not being able to make a decision. This is where the decision needs to be made at the local level. Is there an issue with their timeframe and our ability to do something locally? CLAY ERVIN: I am not sure who they are? JEFFREY S BROWER: The Florida legislature. SPEAKER: The Florida legislature sets their own legislature. I believe you're talking about (Unknown Name) JEFFREY S BROWER: 1626 as well. Or is it 24? There is two of them. SPEAKER: They have set October 1 as an effective date but they said I could always change. Usually, because it is mimicking a previous bill called (Unknown Name) which is the same effective date is October, the legislature set their effective date him by themselves. They can change it at any time, if someone makes an amendment to that particular bill. JEFFREY S BROWER: OK. David Santiago? DAVID SANTIAGO: I was going to wait till later but since you are talking about the bill that is before the legislature, can you expand where the broader text of the bill, what is the bill trying to accomplish and, or, is it specific to us? Can you give us details? MICHAEL G DYER: I can respond and Paolo can jump in after five missed anything. So, we discussed this briefly at the last meeting. We got two sets of bills, as the chair referenced, the first set, Senate Bill 1628 and House Bill 1547, the Senate version of that was scheduled for a hearing, I believe last week. (Unknown Name) postponed and I believe it is rescheduled. They are hearing it in front of committee today. The house version which is an identical bill, is scheduled for committee tomorrow at 8:30 in the morning before the committee. Both of these bills are identical, which means that if they are approved, they can be, you have to have identical language ultimately, right? So, as Paolo said, we are in the middle of the legislative session so this is all subject to change. There has been some legislative analysis that was released yesterday for the first time on both of these bills. As Paolo mentioned, they would go into effect October 1. And, they do a couple things, they establish some legislative findings that defines three identified sectors, farming, farm operations, energy and fuel production and transmission, energy distribution and storage, supply chain points of connections. So ports, railways and rail stations. It declares is an important state interest food production, supply, energy, generations, delivery, essential supply chains. In that declares a state interest in creating jobs, economic prosperity and reducing potential disruptions due to supply chain limitations. The statement in the bill that each local government, your Florida cities and counties for example, will seek to minimize or eliminate the potential negative impacts that a local government action, such as a legislative change or issuance of a development order, which is very broad, will have on identified one of these three sectors I just mentioned, while stating a public purpose. So that preliminarily creates a state finding for these three sectors and puts a burden on local government to state the public purpose, if you're doing something that is adverse to that. That is the best way can describe it. The bill does a number of things, in addition to that. It creates an automatic suspension of local government action creates a new cause of action for someone to sue the local government for ordinances that would be adopted after October 1. It expands our current requirement for business impact statement, for ordinances you would adopt to apply to land development for zoning regulations. We are already subject to the business impact statement, it broadens that to include those types of land development ordinances which approved -- have previously been exempted. It allows someone to sue a county or a city if they are arguing that the ordinance is preempted, meaning, prohibited by state law or deregulated by state law or it is arbitrary or unreasonable. It also creates, it is unique, a review process for actions taken by local governments that create safety review command process for ordinances and development orders that impact one of the three sectors I mentioned. It directs local governments to minimize impact to the sectors, allows an entity that is impacted by local government decision in this area to petition for state agency review of the local government action, within a set period of time. During that time, the local government action is suspended. The state agency, I believe the bill mentions, would be the Florida Department of agriculture and the Florida Department of transportation are the main agencies and have a set time to review it and provide comments to the local government on how it should modify its action to reduce impact on one of these three sectors. At the very next regular or special meeting of the Council, you must consider the comments from the state agencies and determine whether to modify your action. This has a potential to – definitely makes a local governments decision making in this area more difficult. It creates more opportunities to be sued or challenge what you are doing. It is not an expressed preemption like we saw with Senate Bill 250, that said you shall not do anything with this period of time, but adds elements if we do go in that direction. There's a lot about this bill that is not known yet because it requires state agencies, Department of agriculture and FDOT to establish rulemaking on this process, but that is where we are at this point. DAVID SANTIAGO: Thank you for explaining the detail and easy to understand. For clarification purposes is not a bill that is specifically written, if I understand correctly, to address the issue we have. It is broad but happens to encapsulate things that affect us, potentially, is that correct? MICHAEL G DYER: yes, it defines three areas and gives them areas of protection, for lack of a better description. Some of the industrial uses that could be in I2 could follow one of those three in your I2 classification. DAVID SANTIAGO: Thank you, thank you Mr Chair. JEFFREY S BROWER: Now it is public participation. When I call your name, you have three minutes but if you can do it in one minute, do that. Tell your city and where you're from, you do not have to give your address, state your names, and please speak clearly into the microphone because it is recorded. First up we have Raymond (unknown name). SPEAKER: Raymond (unknown name), Ormond Beach, Bear Creek. As evident by the full chamber, and the number of people who cannot get in and are downstairs, the support for the moratorium is widespread. In addition, some of who are here representing local governments, or agencies, are not allowed to speak, but others are. The support has been given by the Volusia league of cities, the Ormond Beach Chamber of Commerce, Daytona Chamber of Commerce, Deland Chamber of Commerce, Volusia Department of Education, numerous legislators, various fire and police departments. To add to this, Judge (unknown name) comments at the hearing, regarding the injunctions are worth noting. He mentioned, the zoning of the property on Hull Road was changed destruction of the country, not for a fuel farm. Belvedere makes claims about the safety of the terminal, the people's valid concerns about the project being placed in the risk of homes, sports complex, businesses and the traffic of US one, need to be considered. Regarding irreparable damages, that Belvedere claims would encounter due to change in zoning, why can't they simply moved to a different location? The moratorium is not solely about Belvedere, it is about planned development for the entire county. Failing to act on behalf of the entire county, because of an unwanted fear of what Belvedere will do would be a colossal mistake. Following the simple, logical reasoning, evident in Judge (unknown name) comments, should lead you to this conclusion. If this cannot be concluded, change the zoning. JEFFREY S BROWER: (Unknown name) SPEAKER: Good morning, my name is Laurie (name), I am from Ormond Beach. Thank you for allowing me to the opportunity to address you, the County Council today. I am here to advocate for nine-month moratorium for heavy industrial developer with an option of a three month extension in Volusia County. This proposed pause develop meant ement would serve as a vital opportunity for Volusia County, to mitigate harmful effects on heavy industrial use on nearby landowners. The interplay between neighboring properties, Volusia County residents – I'm sorry – can be assured that future development aligns with the best interest of our community. It is important to prioritize the well-being and the quality of life for our residents who call Volusia County home. By approving this moratorium, Volusia County will be demonstrating an unwavering commitment to residents that to their needs and concerns are heard, and are being addressed. This temporary pause will allow Volusia County to make informed decisions that will positively impact the lives of our greater community. In conclusion, I urge you, Volusia County Council, to vote yes, implementing a nine-month moratorium on heavy industrial development in the I2 zoning district with the option of a three month extension. This hiatus gives you the opportunity to protect health, safety, and welfare of the general public at large. It will provide a window of time to evaluate the economic compatibility of surrounding properties. Thank you for the opportunity, and have a wonderful day. (Applause) JEFFREY S BROWER: Sheila (unknown name) SPEAKER: Sheila (unknown name), now that I'm retired I kicking back and reading codes of ordinance. Two weeks ago I emailed you all a nine page report where I compared heavy natural zoning codes for the surrounding counties and here's a summary. They group industrial locations together to avoid incompatible mixing of land uses. The county standards, not state minimums, must be met. Standards which protect residents in public property from owners, fumes, smokes, noise, vibration and set. No activity should be carried on which may be dangerous to the public health, safety or welfare which increases the fire insurance rate for joining or adjacent property. The County codes with hazardous waste storage is a conditional use and requires operating permit by the Florida Department of environmental protection. (unknown name) any other adverse land-use to the land develop a code, and also says the entire site must be contained within a 10 foot high wall. Orange County code says they permit the Trillium refining and bulk storage of petroleum products, but they establish and maintain standards, which protect residents and commercial elements. Lake County code says that volume storage is permitted but the location that is most suitable and adventitious spot to minimize inconvenience into the general publish. (unknown name) and Indian River codes do not permit bulk petroleum storage hazardous waste storage or any substantially similar use. Here in Volusia County, our code reads, "Any industrial use that meets the minimum standards for air pollution –" basically anything. I tried to make it use that heavy industrial code is poorly and inadequately written compared to the surrounding counties. I am asking to please vote for the moratorium, amend our code and move heavy industrial lands away from residential lands. Thank you. (Applause) JEFFREY S BROWER: Debbie cotton. SPEAKER: Good morning, my name is Debbie Cotton, I represent the Ormond Beach chamber of commerce and honor to serve as are the president and CEO. I'm representing over 600 businesses, and asking you to support the moratorium on heavy industrial I2 parcels. Since the zoning was put in place, the county is changed, our population has changed, and we all have changed. I would like you to look at this moratorium from a business perspective. Whether you are a nonprofit business, or a for-profit business, we all operate under bylaws, policies, and procedures, and at times, we have to make changes. Periodically we reviewed those, to better serve our communities and the businesses based on the considerations of business and consider amending those to better fit how we do business. This is just good practice for business, and it's a good exercise. COVID is a perfect example of how we had to amend the way we did business. So, we ask you to take a pause, Ormond Beach has grown, and evolved over the years. Property that once was nowhere near populated, now are in the middle of neighborhoods with ballparks. My point is the environmental conditions have changed since the I2 zoning was put in place in 2006, and it is time for you, as the county, to look at it or take a pause or reevaluate what is the best fit for that area. It is a good exercise for the county and it is good business. In closing, I would like to thank you today for having all of us here, and listening to our voice. (Applause) JEFFREY S BROWER: (unknown name) SPEAKER: (unknown name), Orman by the beach, I worry about the safety and environment, the pollution that I believe a small spell can ruin the water situation and a good bit of the state. First I want to address that we have a problem with the airports, only a mile away, runway seven, 17, is a mile away and I know of two incidences off of a 4000 foot runway where a Learjet landed and ended up in the retention pond at the end of the runway because he could not maintain control of the plane. The second was a twin engine taking off a 4000 foot runway and at the end of the runway where they start to climb altitude, he lost control of the plane, and ended up crashing in a farmers field off of that end of the runway. Quite a ways out. So, there is a danger of something like that at any airport, at any time, and headed out toward fuel tanks can be pretty awful. But, we also have three airports in this area that (unknown name) County, Daytona Beach, and Ormond Beach are all using the same airspace for training. They have permission from the military to use them, not necessarily for training, but many of the flights that may come in and can be training flights or whatever, it is allowed. Even regular pilots and a lot of experience can have some problems, so that is just one issue. The other one as I said is pollution and all, air ground, water, wetlands, pollutions. The website claims that they have the latest technology so that there will be absolutely no pollution. But they do not describe what that might be. I think with the high temperatures that Florida has, the weather situation with hurricanes, tropical storms, tornadoes, that is a big concern because they are not going to be impervious to that kind of condition, either. We have flooding, situations where spills can happen, and groundwater can start to be effective. Other major concerns are the responsibility, the problems with the roads, leading up to the facility are two lane roads. There is where on those, repair, replacement, widening overtime, who is paying for that? Is the company going to put money toward that before they come in? Do we just suck it up later as the public? Again, more traffic around the schools, home, danger for people traveling all the time. JEFFREY S BROWER: Thank you. (Applause) JEFFREY S BROWER: Attorney and Ormond Beach Mayor, Bill Partington. (Applause) SPEAKER: Good morning Chairman, and County Council, good to be with you this morning. I want to congratulate the Council, you had a great week in court last week. I watch that via Zoom and was impressed. Great job. Also want to thank you being with your residence during this battle. I'm speaking to you not as mayor of Ormond Beach, but rather as a Volusia County resident, and Ormond Beach resident in my individual pasty. I support your initiative to adopt a moratorium. This move is not just a matter of local governance. It is one of profound importance for the future well-being of Ormond Beach and its residents. The push for a moratorium is not about halting one project, but about taking unnecessary -- a necessary cause to reassess and modernize the zoning and development plans. This reevaluation is crucial to ensure our growth aligns with the current and future needs of the county and Ormond Beach. It provides a necessary period to reflect on the best ways to balance industrial development with environmental stewardship and community well-being. I also want to acknowledge the voices of our residents, many of whom you are hearing from today, and will continue to hear from. Who have passionately advocated for protecting our land and community. It is crucial that their concerns are not only heard, but acted upon. This development moratorium represents a tangible response to these community voices demonstrating that local governance is attentive and responsive to the needs and aspirations of its citizens. While we understand the rights of developers and the importance of economic growth, it is imperative that such development does not come at the expense of the health and safety of our residents, or the environmental integrity of our city. In conclusion, I urge the Volusia County Council to proceed with the adoption of this development moratorium. It is a decision that will safeguard the interests of Ormond Beach and our residents, ensuring the growth and development reflect our communities, values and prairies. Thank you all for your attention. (Applause) JEFFREY S BROWER: Thank you. Patricia Franzen? SPEAKER: Good morning. My name is Patricia Franzen and I am a homeowner in Bear Creek located 1/4 mile from 874 (Unknown Name) Road and I support the moratorium. I would like to begin by saying thank you to the over 150 Volusia County residents who attended last week's hearing in Daytona. We all shared in the joy of hearing Judge Craig tell us that the moratorium is indeed legal. Thank you to all who have sent emails, made phone calls and have done research. Thank you to all who are here this morning. Your presence and voices are appreciated. We live in Volusia County because we enjoy the weather, golf, beaches, attractions, and the small town feel. Tourists from all over the world travel here for fishing, the beaches, bike week, golf, Daytona 500, and many more great events. During one of our meetings, the council member resented to us his safety concerns. He told us about the dangers regarding the airport runway leading directly toward a fuel tower. We have presented to you facts about safety, traffic, financial impact, health and environmental concerns. Fire, police and school representatives have expressed their safety concerns. Last week, even Judge Craig said that Ormond Beach does not want a fuel farm for safety reasons and it is in good faith that they are trying to change the zoning of the property. He also said, "Maybe they would have been OK with the concrete plan there they are not OK with an explosive fuel farm." Judge Craig also pointed out that the county followed the law by waiting for SV 250 to be amended by the governor before you enacted any moratorium or zoning changes. You have expressed many times concerns about being sure to follow the letter of the law. What clearly you have. There are no more excuses. Say yes to the moratorium, let this moratorium open the door to removing I2 heavy industrial zoning. Thank you very much for your time. (Applause) JEFFREY S BROWER: Robin Magliora? You will be followed by Susan Purses, followed by Suzanne Shriver. SPEAKER: Good morning counsel. Rob Meg Leora. I will be short today and brief because pretty much everybody else is going to bring up all of the issues that I do not need to bring up. Tim Schwartz, the chief financial officer of (Unknown Name) stated, "State officials are eager to make the distribution of gasoline less dependent upon courts." That is quoted from the business Observer, October 25, 2023. Home rule imported was established in 1968 was a quote from it, "To enact ordinances, codes, plans and resolutions without prior state approval to make necessary changes as cities grow". The energy resource bill takes away home rule from local government. It is prohibiting amendments to local governments conference of plans land use, map, zoning, districts early in development, regulations for resiliency facilities. It is clear why this bill was written. There are five purses of land that are currently zoned I2 heavy industrial. Now is the time to vote in the moratorium. To protect the residents of Ormond Beach and Volusia County. We have the right to live, work and play in a safe community and we will fight for that. We do not want to hear anymore from County Council members about the concerns over litigation. When that statement is made, you are telling us, your constituents, that money has a higher value over our lives, well-being and safety. It is the county's failure to monitor and update their land's own uses that has put us in this position. Do the right thing and vote in the moratorium. Make the necessary changes. We have loud and strong voices and we have demonstrated that over the last six months. We will continue to use them. We will remember who stood with us and who stood against us come election time. We, the people, stand here before you again to tell you that we do not want heavy industrial industries to be built in the middle of our already established neighborhoods. Vote yes for the moratorium. Do the right thing. (Applause) (Cheering) JEFFREY S BROWER: Susan Persis. SPEAKER: Good morning Chairman Brower and County Council members. I am Susan Persis, Ormond Beach city commercial – my Commissioner for zone 3. I come before you today to urge each of you to support the temporary moratorium ordinance. The moratorium will give the county staff time to determine whether they are incompatible uses in the I2 zoning district. This analysis may uncover serious and harmful effects on nearby owners. Additionally, after reading the report from your staff, you will have the knowledge to correctly modify existing language to eliminate the potential economic downfall that may be because two other residential and business properties. As a city official, I respected and appreciated your decision to consider a moratorium. As local elected officials, which are the number one priority which is to protect the public's health, safety and welfare. My hope is you will allow your staff time to evaluate whether incompatible or harmful land uses exist, and if so, how best to redefine the I2 zoning district to eliminate and mitigate against these negative effects. Please refer this important matter to professional staff for further study and review. On behalf of the residents who live in, or near, Ormond Beach, we sincerely thank you. (Applause) JEFFREY S BROWER: Suzanne Scheiber? You will be followed by Catherine Pantay, followed by Patrice Kenney. SPEAKER: Hello, Suzanne Scheiber from Ormond Beach. On January 12 for the Volusia County North management commission previewed the pay increase of Gray Robinson who provides legal, counsel for the growth commission. According to the clerk the commission is funded by Volusia County but is a special district committee comprised of county and city appointees. There was no lifestream of the meeting and therefore no recording other than the one we did. On February 28, the growth management commission will vote on the requested increase from Gray Robinson for 25,000 to 90,000 for legal counsel. The judge ruled there was not a conflict of interest but surely everyone knows the citizens do not want the legal firm representing Volusia County at the same time they are suing concerning the fuel terminal. Should a substantial pay increase be passed that would not be in the county cities or citizens best interest, per the clerk at the meeting the Council will also have to vote on the pay increase. But even more troubling are the violations that no one is discussing by the foreign corporation that wants to build a fuel terminal in Ormond Beach. On violation tracker, a total specifically find to the (Unknown Name) railroad is $74,517 in environmental workplace safety and railroad safety violations. Many violations were in the last few years. Why would we even consider allowing a foreign conglomerate to build a fuel terminal with this number of abuses in Volusia county? The charter section 202.4 for minimum standards for environment protection, when our charity was written to cover environment to public safety and health minimum standards, did the charter committee have a fuel terminal with 30 million gallons of fuel in mind stored area 55 and older neighborhood? Or varied age supports complex? Who is looking out for the youth, our seniors and families? Clay Ervin wrote the resource manager director who this counsel has touted as the best in the business, has stated, "I2 heavy industrial needs to be reviewed." please vote for the moratorium allow county staff to do their due diligence" We vote in favor of protecting our citizens. Thank you for your time. (Applause) JEFFREY S BROWER: Catherine Pantay, followed by Patrice Kenney. SPEAKER: Good morning, Catherine pentane, Daytona Beach, I hope you the opportunity to listen to Zoom last week. As many of our staff numbers were in attendance. If you listen, the judge clarified the moratorium and notification was done properly. What was also clear is that a no vote on a moratorium would force the county to accept the fuel terminals application. A no vote will be handing the fuel terminal the legal position they need to collect a substantial payout under Burke Harris. A yes vote substantially reduces this amount. The county would pay on a Burke Harris claim. This is supported from case law from the fourth District DCA and (Unknown Name). A few of you and the corporation claim they have zoning by right. I disagree. We know the zoning was changed from agricultural to I2 in 2006 for the purpose of a concrete facility and not a fuel terminal. Bear Creek was built 18 years prior to that zoning change, the county charter is titled security of property rights. Section 3 is titled abuse of the informant. The counties shall have the duty to defend and enforce these rights. Abuse of the county (indiscernible) tend to destroy have a substantially adverse effect on the environment or the county. Such a structure or adverse effect may include any or all of the following, pollution by air, land, not just including gases or solid waste... Including the creation of unnecessary injurious heat, noise or order. If you terminal checks all of the above boxes with the addition of exposure and hazard. ma it is an imperative command indicating that some actions are mandatory and not permissive, this contrasts with the word may is applying some... As well as her safety, meaning the county and the Castle have a duty to change zoning to a safe, applicable use in an area surrounded by residential neighborhoods. You all of the name -- leadership, elected to serve the people of this community. Not to serve an organization with a poor environmental record. Leadership is not rooted in power or authority but in service and wisdom. If you do not have the wisdom to vote yes and protect the residents of the county, then you have no business serving in a leadership role on that dias. In 2018, Baltimore passed an ordinance banning crude oil in the city, there is no such zoning claimed by the corporation for counties cannot amend existing code to identify uses incompatible with the specific zone. They can pass a standalone bass -- been on a particular use, there are municipalities adopting prohibitions intended to protect public health, welfare and improve environment of conditions. I urge you all and thank you, vote yes. (Applause) JEFFREY S BROWER: We have 37 people to speak. I understand this is a really emotional meeting. I know you are not going to heed this, but if you would save your applause until the end, and then you can stand and give a standing ovation to all of the speakers. I want everybody to be heard before midnight. Patrice? SPEAKER: Patrice Kenney, resident of Bear Creek Ormond Beach I have read on this five-time sitting here. I like to think there are zero sinners were anyone of you can actually oppose this moratorium to remove immediately the hazardous material verbiage from your I2 zoning. Now the scenarios include transparency and the immense backlash you are getting from the community. The residents who live here, and want to have a good quality of life. You are impacting us in a negative way if you say no. That is not going to fly with all of us here. Where do you see a single positive justification to go against all of us? In these valid reasons, everybody is coming up with. There isn't a single one. House and Senate are rushing to remove your home rule, as we speak. If you do not act today to improve the stark gap measure and quickly change this I2 zoning, your hands are going to be tied and you are not going to like it. Maybe they are going to be moving to your area. We will be there to back you on that, acting in good faith. Protect our rights. Maybe you're hoping the decision will be made at the state level, I don't know. That will prevent the changes in removal of the zoning changes, that way you guys all look like you are really good guys. Remember when you make a deal with the devil, there will, indeed, be hell to pay. Whatever you do today will represent the kind of person you are. We need your help and we asked that you put us ahead of your own needs and aspiration and protect our beautiful County. Time is running out and you need to act today to vote yes on the moratorium. (Applause) JEFFREY S BROWER: We have Nancy Bates next followed by Larry Westland, and then Brenda Bartlett. SPEAKER: Good morning, Nancy Bates, Bear Creek, Ormond Beach. You have heard a lot of rhetoric today, about your responsibility. I think you know that. You know what your responsibility is. I am a former teacher. One of the things I learned as a former teacher is after you teach a lesson, you have to sit down, reflect on what you just did. It is the only way you get better. You think about what you did, you look at what worked, what did not work, you make changes or you go forward. That is what we are asking you to do today. Over the years, you have made changes to the zones. You do it on a pretty regular basis. That is part of what you are supposed to do. What has happened with Belvidere is we have found out that you did not do the other piece – you did not stop and think, "How did this affect the people?" You allowed people to come into the community and you build communities around which was not an agricultural, and now heavy industrial. I know more about heavy industrial now than I ever thought I would. I am retired, and I am not a teacher anymore, but by God, heavy industrial is the worst thing you can have in front of people. It is, by your own definition, in Volusia County, the most dangerous kind of industries that can be put there. Not only are the most dangerous, they require the most money from the county and they cost the most. They cost in environmental, they cost in pollution, the cost in transportation, they cost. Many of you do not live directly 4/10 of a mile where this is going to be placed, but I do. But I also know because I have friends from East Palestine, Ohio, that when this explodes, interestingly, in spite of all of what they are telling you, that is what they told East Palestine, too. They would never be a train derailment. Guess what, it happened. When this happened, whether you are in Deland, or in any of the surrounding areas in Volusia County, you are going to have to pay the price. You are going to have to bring in your firemen, your police, open up your hospitals, it is going to drain resources. While you may not have skin in the game now, you would definitely have skin in the game when we are killed. Please don't you have to do. Stop, think about what you're doing, take the time to put procedures into place so that this never happens to us again. Do what I did as a teacher – reflect. Make changes where necessary. Thank you. (Applause) JEFFREY S BROWER: Larry Westland, followed by Brenda (unknown name) SPEAKER: Larry Westland, I'm in the no vote, I am in the minority so I will not get a plus. I looked up some motion laws, and motions under the United State Department of labor I worked up there in Pennsylvania with OSHA, and I will briefly mention some of the laws, 1926.1-53-c4. Portable tanks will not be near a building that is 25 feet, and on and on to goes to B4, 5. Inside storage rooms should be provided your gravity and mechanical exhaustion no more than 25 leaders should not be stored in acceptable cabinets. 1582, flammable liquids should not be stored in areas used for exits, stairways, or any other safe passage. What does that mean? Ormond Beach is going to blow up! Not because of the fuel farm, because all of this panic that you people spread and you have created a panic. People are storing fuel in their homes. You remember the toilet paper fiasco when we ran out, could not buy toilet paper? All by rumors. There is no toilet paper! We are going to run out! This is the same thing. People are now porting gas, illegally, in their homes, not even close to these regulations by OSHA. The mayor, instead of worrying about the fuel farm out here, he is 16 miles away, should be concerned about what his residents are doing inside of their garage is. I drove around Ormond Beach, and there are no safe storage outside of many of the homes, I would say probably 85% of the homes. Mayor, you better look in your own backyard, buddy. OK – you had 25 or so activists stir up a whole community. The biggest one I saw, "My children play soccer steps away from this terminal." It is a mile away from that soccer field. JEFFREY S BROWER: Crowd – hey, we will have order in the chamber. We have allowed everyone else to talk, he has a right – SPEAKER: Can you extend my time, sir, for the interruption? DAVID SANTIAGO: He was at 30 seconds for the interruption. SPEAKER: We have a problem, not the Belvedere fuel farm, they have a good OSHA record. A fuel farm is going to be overseen by OSHA, state regulations, local regulations. All of this panic, the sky is falling, it is not falling. This is something normal, in fact, the housing development they are talking about you people approved. And also the Sports Center, you people approved. I'm speaking basically for the taxpayer. You are not going to beat belvedere in a lawsuit. They are an investment company, they have investors in their responsibility is to the investors, not to the people that create problems. JEFFREY S BROWER: OK. Thank you very much. Thank you, let's have order in the chamber, please. Brenda Partlow, followed by Fran Canfield, followed by Elaina Craft. SPEAKER: Good morning. I am going to trust that this will continue to be a good morning. My name is Brenda Partlow, I live on Hope Street which is 1/2 a mile from the proposed fuel farm. Over the last six months, we the people in this room, have shared with you our concerns and fears regarding the fuel storage facility. We have presented to this body all the reasons for opposing this facility in what is now a densely populated residential area. From groundwater contamination, and we are on Wells, 24/7 operation putting 162 tankers on the road, we have made our voices heard and our message clear. At this time, I'm going to try to respectfully keep my comments short and to the point. We, the people sitting before you in the chamber, are retirees who have worked a lifetime to get to where we are today. We have invested in our homes, businesses, community and paid our taxes. For that we now demand our rights as citizens of the country, with property rights, as residents of Volusia County, be recognized and respected. If you are sitting on this dais today, and representing areas of today like the Deland, the Barry and Deltona, you fall under what we call an old adage, you can't see it from my driveway. We can, and our concerns are real. We are asking you to support us on the moratorium, like your life and livelihood depended on it because for those of us facing you from our seats in this room, it does. In ending, I would say, don't be fooled by the number of people here today. There are many more of us in this fight. The lucky ones have earned the luxury of time while others are still busy with work and raising families. Thank you for your time and attention, and please vote yes. (Applause) SPEAKER: Good morning, Fran Canfield, Ormond Beach. I want to add my two cents, we are not, to be more specifically, we are not talking about storing canisters in closets or stairwells. We are talking about millions of gallons of fuel. That is my two cents there. Nothing speaks louder than the voice of the people, witnessed today. Our health, safety, and quality of life is now on the line and in jeopardy. There are approximately 605,000+ citizens in Volusia County. Of that, approximately 48,000+ in Ormond Beach, to reside in Ormond Beach. Our voices employer you to be a cohesive board voting in favor of this ordinance, implementing a moratorium on heavy industrial zoning properties. In closing, the proclamation issued today honoring our student athletes is a proud moment. Your decisions, going forward, will impact our future student athletes, as well. Thank you for listening to me, have a great day. (Applause) JEFFREY S BROWER: Elena Craft followed by Douglas Kenny and Carol Bryant. SPEAKER: At the last meeting, a councilmember said and I quote, "This is an chain, that ship has sailed and you are getting played." A judge heard the case last week and said placing the moratorium was insane. He clearly stated that the county took this action in good faith to protect the citizens of Ormond Beach. I can't help wonder, do the county members who voted against it last week work for the (Unknown Name)? It was similar to what the Belvedere's lawyer had to say at the last meeting and yet the judge ruled against them. Furthermore, during the hearing it became increasingly clear that by not having an application on file, it strengthens counties legal standing significantly. That is not to say it eliminates all legal risk but it will greatly diminish it. So if you vote no on the moratorium today, you are not only voting no on the health and safety of Ormond Beach residence, you are voting at not protecting the tax dollars of all Volusia County residents. While we were not looking, you sold us out to a fuel farm, blaming it on the lower level staff. Today, almost 2 years later, you have a choice, to either complete that sale or give us back our lives. There are now 16 homes for sale in Ormond Lakes where I live. This is an unheard-of amount. Usually we are lucky of one or two homes are for sale at any given time. I asked a neighbor how they feel about this fuel farm possibly being built across the street from us. You know we said? "Why do you think I'm cleaning out my garage, I am getting ready to sell my house. The county wants this." While the zoning was changed to heavy industrial in 2006 four a concrete plant, nobody in their right mind could have a mall in -- imagine that more than 11 years later, (Unknown Name) would acquire it and use this beautiful area is a massive fuel storage and distribution hub. There was no excuse for voting no today. In fact a no vote is a betrayal of your duty to protect us. Anyone voting note today should resign immediately because you are not worthy of the office you hold. I've said this before and I will say it again, this is seven months later, we will not be gas lighted, we will not be manipulated and we will not be let down. Thank you. (Applause) JEFFREY S BROWER: Douglas Kenny followed by Carol Bryant. SPEAKER: Douglas Kenny. I have actually lived in Volusia County 30 years of my 40 years in Florida. I have lived in three different places in Ormond Beach. I love Ormond Beach. I lived 10 years on the golf, I came back. OK? One of the reasons I came back is because of the Council here. I have agreed with most of the things they have done. They need to continue to fight this. I do not need to give you statistics, I do not need to give you any of that, every buddy else has had that. They sent you emails and everything else. Just vote your heart, do not vote your pocket, because these are people's lives at stake. Thank you. (Applause) JEFFREY S BROWER: Carol Bryant? Followed by Cindy King, followed by Arthur Armstrong. SPEAKER: Good morning. I am Carol Bryant from Ormond Beach. I also live in Bear Creek with some fabulous people. This is right across the street and right behind the fence, where I live, right from this monstrosity. Normally I would not be able to stand up in front of you and speak. It is a very scary thought. Right now it'll be easier to talk, hard to hold back from when I am thinking. But I will try. I will keep it short. I am so angry and terrified. Number one, I want you to look at all these people here, really look at us. We are real, everyday good people who should not have to worry about our safety or quality of life. We worked all of our lives to be here and enjoy our wonderful town in our retirement. We should not have to be begging you to save us. Your first responsibility as our government representatives should be to ensure the safety of your constituents. This -- is complete negligence of duty to let this project to even have a thought of being in a residential area. You did not do your homework. You even come to see what this is? This does not benefit in us -- as in any way, only a foreign country that does not care one bit about the consequent is. You know all the reasons that should not happen. We've been through it all before. You have already ruined us financially as we cannot sell our houses. Currently there are 50 houses for sale in Bear Creek. Unbelievable, unheard of. I heard that two weeks ago. So, explain to us why it might happen, if you decide that it should. Explain why you think this is a good idea. We really need to know. Remember, this is a huge responsibility you have been entrusted with. The people have spoken in great numbers of what we think of this. You are supposed to represent us. Can you really look us in the eye and vote to help Belvedere do this? We will not forget this vote. You know what to do, fight in every way to make this go away. Thank you. (Applause) JEFFREY S BROWER: Sydney King. Arthur Armstrong, if you want to get ready, and then Jon hope. SPEAKER: Good morning. My name is Sydney King I am the corporate rate presented for Bear Creek, as you know is are 55+ housing community practically next door to this proposed fuel terminal. As an organization committed to the safety and security of our team members and residents, we are deeply concerned about the proposed fuel terminal development in the Ormond Beach area, less than a half-mile away from our community. The magnitude of this proposed development which involves storing a 30 million gallons of fuel raises significant concerns about the safety and environmental impact on the local community, not to mention destroy the home values and many more issues. Stand with our neighbors, who have tirelessly voiced her concerns about this project. While we believe and responsible development that can benefit our community, we share the concerns of our residents and the local residents about the potential risks associated with a fuel terminal. We recognize that human error and natural events like hurricanes and lightning strikes can pose unforeseen challenges, but these are people, these are human beings living in this area. Therefore, we strongly urge that Volusia County Council to prioritize safety, informative production and the well-being of the community. We support the decision to place a nine-month development moratorium for heavy industrial zoning areas including the location proposed fuel terminal. We call upon all involved to recognize.... Reconsider their position and location for this project to ensure the safety of residents in Ormond Beach was to safety should always be the top priority in planning of such endeavors. As a company that values the safety, happiness and peace of mind of our Bear Creek village residents and the local community, we are closely monitoring the situation, and will continue to engage with the local community to address concerns. We remain committed to being a responsible and caring neighbor, dedicated to the best interests of Volusia County residents and the environment. And we ask that each of you would be as well. We look forward to a final resolution that prioritizes safety and environmental stewardship for all residents and businesses in the Ormond Beach area. Please stand with all of your constituents that are here today with you, and there are about 1500 of them in Bear Creek alone. Please stand with us and vote yes on the moratorium. Thank you. And could I please add to other Bear Creek residents, the buses scheduled to leave at noon. Leave, at noon. Thank you. (Applause) JEFFREY S BROWER: Arthur Armstrong followed by Jon (Unknown Name) followed by Lindsay Pate. SPEAKER: Good morning. My name is Arthur Armstrong, I live at Ormond Lakes and also I have property in Bear Creek. I've been in Bear Creek for 25 years, one of the most wonderful places to live is in Bear Creek. With that in mind, I've seen so many changes that have affected Bear Creek and Ormond Lakes. This issue here with the same facility will absolutely ruin Bear Creek. It will ruin Ormond Lakes, it will ruin schools that are close by. We have a ballfield that we all know, I won't get into the specifics, but if something goes wrong, you could potentially lose a lot of children and families and members that way. We have an airport that is an absolute joke. All it is is a training facility, where foreign companies going in and out of there, we have problems with the English language, they cannot use the tower properly. We have had incidences with the tower has had to clear all the areas around Bear Creek especially. We have airplanes, I can look at the color of the hermits -- helmets of the pilots because they fly so low. The reason is, I should say, we are restricted to height requirements flying over Bear Creek because of Daytona. Daytona is above us in the keep is lower. If one of those training planes goes down into the proposed tank facility it will be over. We are only 1 mile away from Ormond Lakes in less than a mile to Bear Creek. That is wrong and we cannot allow this. Mr Brower, you've been an unbelievable start to get this going, as far as is all of these people here, could not come to the courthouse, I am ashamed. With that in mind, I will stop, make it quick and easy, Jeff, so we can all get out of here early, but you've got to oppose this... I mean agree with his 90 day moratorium to stop this nonsense and make it move on. Thank you. (Applause) JEFFREY S BROWER: Jon (Unknown Name) followed by Lindsay Pate, followed by Marybeth Cunningham. SPEAKER: Hi, I name is Jon M Roth, I live in Ormond Beach, I would like to thank the Council for its transparency with this website. I love the website, it has a lot of interesting information. You filed a motion to produce documents, your staff did, which is excellent to challenge this ridiculous request from Belvidere. There are so many things to say, I only have a bit of time, I will try not to take it all. One of the things I want to imagine, so many people have so many good things to say, I will try not to repeat them... This company is confusing, because first they say they're going to put up 16 of these, and hold 20 million gallons of gas. And then they said maybe three. The permit I think was for 16. Millions of gallons of gas is a lot of gallons of gas, considering the fact that in Florida, surprisingly, since 2005, the number of millions of gallons of gas per day that have been used has gone down. It was about 25 million in 2006, when the population was 3 million and fewer people than it is now. In 2022, in March, it was more like 23 million... Actually 22 million gallons per day. We need less gas not more coming in. The reason Belvedere says they want to do this is because of hurricanes happening that made it more difficult to get stuff in here. Now those in the port, those refineries flooded, when they flood the gasoline... They cannot do it, they have to empty. Now, what makes them think that by putting these over here, near the coastline, near hurricanes, hurricanes that are supposed to be even worse in the future, over 157 mph, what makes him think this will be better and we can avoid flooding they are? This is so ridiculous. If they have 160 tankers filled with thousands of gallons of gas coming in and out of here every day, it is a catastrophe waiting to happen. There was an accident with a tanker that exploded on I-95, it was less than two years ago, and it was a disaster than. It will be disaster here. It is the wrong place. It is the wrong time. And it is the wrong industry. Thank you. (Applause) JEFFREY S BROWER: Lindsay pate followed by Maribeth Cunningham, followed by Virginia Agruso. SPEAKER: Good morning, Lindsay pate, proud Ormond Beach resident was it appears R&B just throwing it all there to see what strings will stop frivolous lawsuits, shoddy permitting, and a few intensive good beer have not produced a stamp of approval they want from the community they want to encroach on. The moratorium is nondiscriminatory. There is more than one parcel or owner affected. Whether the moratorium does or does not pass, I believe Brother flood your Terminals will not be able to build. The current air construction permit is in limbo thanks to a dodgy public notice and a permit application that seems to have intentionally left off beverage distribution greatly affected by the fuel depot. They have not begun the process of getting permits for trafficker Noris or pollution, or filed studies approved. (indiscernible) hundreds of homes existed around the whole Road area for direct -- decades prior, zoning change from agricultural to I2, those homes and thousands more have a presidents before this novice company rolled up with an inflated bite and a minute... I'm sorry, inflated bark and a minute bite. Other established businesses are not going anywhere. Neighborhoods are not going anywhere. The sports field that serves thousands of children is not going anywhere. We have a right to the Clean Air Act that will not harm us. I find Belvedere's claims preposterous. They have never built a terminal, and we do not want to be a trial run. Notably, they have not received the full steam ahead in Jacksonville either. What is interesting is they host a town halls in Jacksonville, why have they not attempted to work with the people of Ormond Beach to the local government bodies? I would like the county to continue fighting for the best interest for the residence, and begin focusing on the most realistic option, imminent domain. Judge Craig made it clear that it is a viable and legally appropriate action. Imminent domain cost significantly less than a lawsuit, because it is based on a set equation, you the county are spending money either way. Tensions in the form of a lawsuit from Belvedere or imminent domain. Further, Judge Craig made it clear to Belvidere that they cannot claim irreparable harm, and that the people of Ormond Beach have a right to be concerned about their city. It is clearly within the right of the county and its citizens to reevaluate what best serves the greater good, it is the foundation of the homeowner charter. So I will thank you for doing what is right for us. (Applause) JEFFREY S BROWER: Mary Beth Cunningham. SPEAKER: Morning, first I want to thank you for listening to all of us again, again, and again. And I want to thank Mr Dyer over there, for explaining the bills that are before the house. I know there is a lot of sidebar conversations going on over there and I really hope that it is all related to what we are proposing to do. And I hope also, Mr Dyer, that you will continue to keep us posted on what is being done in the House-Senate. And what we can do, and ask all of you to do what you can do at the house level, as far as keeping zoning rights to the local government. Because I strongly, strongly agree that you guys, all of you, and the mayor of Ormond Beach, you have our best interests at heart. That is what I like to think. And I would like to think that you guys would make the right decision moving forward, whether it involves Belvedere or anybody else. You guys have to retain that right of zoning. And ask that you do the right thing by your people. Thank you for your time, we have seen something, said something, this is my tagline, we have seen something, we have said something, I am begging you please to do something, do everything you can, look at the zoning... Look how the land is zoned, and please protect your people. I vote that you please approve the nine month moratorium, do everything within your power to get it done quickly. If we are up against timeline as far as the state goes, and that is it. Thank you. (Applause) JEFFREY S BROWER: Virginia Agruso, followed by Karen DeLisle. Followed by... I will get to it in a minute. SPEAKER: Hello, Virginia Agruso, Ormond Beach, everyone said everything I was going to say so I will make it short and sweet. We need this moratorium to reevaluate the zoning for what is appropriate and safe. The health and safety of the people of Volusia County should be the priority. And the only way to do that is to pass this moratorium. Thank you. (Applause) JEFFREY S BROWER: Karen? Are you here, you will be followed by John Chudooley. And John, you will be followed by Susie Webb. SPEAKER: Good morning, the rationale for the necessity of the nine-month moratorium to assess modifying heavy industrial zones throughout Volusia County. The proposed fuel farm in Ormond Beach is a poor location. Ordering close to US one Volusia County's major emergency evacuation route, and close to the Ormond Beach sports complex, which is ballfields for schools, counties, statewide competitions. A 15-year-old dance school with 250 students, two public elementary schools, Florida's busiest private airport, and private businesses along US one. Ormond Beach's airport averages 246 flights a day. There are two aviation schools there, one of which is non-English speaking. And the control tower is not manned one and 1/2 days a week. According to our own County Council member, Dempsey, the most dangerous time in the entire flight is takeoff and that would put the effective plane directly over the fuel depot. There are no medical burn units within 60 miles of Ormond Beach, and no fire department in Volusia County is equipped to handle a fuel farm fire. The loss of present wetlands is dangerous to the Halifax and Tomoka rivers, and our ecosystem. The depot would be close to Bear Creek, a community of over 600 manufactured homes, for 55+ residence for the past 30 years. And Ormond Lakes, a new high-end residential community across US one. 8000 people live within 2 miles of the fuel farm, here in the lightning capital of the world. The last one is 30 to 35 miles which would adversely affect all of Volusia County and portions of other counties. The US one in I-95 interchange has been judged the most dangerous on the interstate system. Having ramps described by truck drivers as too steep, too short, yes, the ramps will be remodeled, but not for another two years. It is estimated that an additional 160 fuel tanker trucks will be on our road daily. 24/7. That equals 160 trucks a week, times 52 weeks, an increase of 8320 truckloads a year on our roadways. Last week a tanker trunk in Orlando exploded post collision on 528. In December, and oil tank truck driver was critically injured in a motor vehicle accident on the Sunshine State Parkway, in October 2023, a tanker driver was critically injured in Davie. In the US, 76,180 people were injured and truck accidents in 2022. Presently Florida is number three in the nation and oil tanker accidents, ranked only behind Texas and California. This morning, I took I-95 and US want to get here, almost killed myself, because the truck in front of me was going 20 miles an hour as it hit I-95. Cars were careening around us. Thank you. (Applause) JEFFREY S BROWER: John Chudooley? Are you still here? Followed by... John is not here, Susie Webb. And then we will have Russell Sherwood. SPEAKER: Hello, I am Susie Webb, and my home is in bear Creek Village in Ormond Beach. I stand against the heavy industrial zoning so close to my house. For many many safety reasons. And I am not going to reiterate the ones that have been repeated many times. One that I have not heard, and might need to be addressed, is the possibility of sinkholes. We have soft sandy soil in Ormond Beach. I am wondering if anyone is considering the heavy weight of the fuel tanks possibly causing sinkholes, and all of the disastrous consequences that that could bring us. Thank you. (Applause) JEFFREY S BROWER: Russell Sherwood? There he is... Followed by Steve Wunderlich. SPEAKER: Good morning, my name is Russ Sherwood, Ormond Beach resident. Airline captain, flying for a major US airline, certified flight instructor, former aviation subject matter expert. Small aviation business owner pasted Ormond Beach airport. My business owns and operates training aircrafts and I am of course for a moratorium. Our airport is home to dozens of aircraft owners and hundreds of flight students training there every day. In addition, hundreds more fly into practice takeoffs and landings from Ormond Beach from other schools. I am here to register my expert opinion on Belvedere fuel farm project. It is my opinion that the location and dimensions of the tanks will pose severe hazard to the flight operations out of Ormond Beach airport, and general safety for the areas adjacent. Let me explain why. It would be located .8 miles off the runway, and directly underneath the departure path of this runway. It is the runway utilized by many training aircraft, many times a day. It is extremely dangerous and irresponsible to allow for this facility to be placed in this particular location. Runway 35 is frequently used for flight operations to Ormond Beach, training airplanes operated by inexperienced student pilots. This aircraft, equipped with low powered engines, which do not allow them to climb very fast or high. During departure, aircraft uses 100% of its power, and this is why during takeoff they become exceptionally susceptible to engine fires and failures. Should an aircraft have an engine failure during takeoff, while on the 35, it will be located very low, just a few hundred feet above the fuel tanks, and the fuel tanks will be directly below, or in the glide path of this airplane. Further, an experienced... An inexperienced student pilot has a very high probability of a aerodynamic stall during takeoff. This is when an airplane loses lift and plummets down, no matter if the engine is working or not. And crashing directly into the fuel tank. Training aircraft carry up to 60 gallons of highly volatile aviation fuel which is likely to explode on impact. Obviously it is going to cause the death of the flight crew, and potential for enormous explosion, which could evaporate a large area around the installation, certain enormous fire and kill thousands of people. It is clear to me that there is a potential for disaster. In this potential has to be studied and evaluated. There should be consultation regarding this. In the flight schools have original safety Council, which meets every month. I have set on this counsel myself several years ago, the safety Council discusses potential hazards for the flight training operations, in the air. This project has been approved... JEFFREY S BROWER: Thank you. (Applause) JEFFREY S BROWER: Great information, thank you. Steve wonderfully, followed by Doreen Smith, followed by David Smith. SPEAKER: Good morning, my name is Steve Weatherly, I live in Daytona Beach, I am here representing myself as well as the (Name) club which is over 900 members in Volusia County. First to thank you for the unanimous vote in November that set this process in action. And for the vote last month approving the moratorium. I will be brief, I am here again to ask you to support the moratorium. To support the ordinance. The proposed ordinance summarizes the situation well, a couple quick excerpts from the ordinance. The study and potential update to standards and requirements will result in greater quality of life and increased property values for surrounding neighborhoods. And second, in order to protect the health, safety and welfare of its citizens and property owners, it is imperative to study and potentially update the allowable uses in the eye to heavy industrial classification. Obviously, you do not have a greater responsibility than to protect the health, safety and welfare of Volusia County citizens. Please vote in favor of the moratorium. Thank you. (Applause) JEFFREY S BROWER: Doreen Smith... Followed by David Smith. Followed by Vince Kinsler. If you all want to get ready, because you have a bus to catch at noon. (Laughter) SPEAKER: Good morning counsel. My name is Doreen Smith, I live in Ormond Beach. And first thing this morning you had the football team here, and that was incredible. And I started thinking about... They probably played at that softball field right there at the sports complex, and they trained when they were young, breathing that fresh air. Incredible. My home predates the heavy industrial zoning, and I am within a mile of the proposed location. I am not a rich woman, my investment is my home. I cannot afford my home value to go down and my insurance to go up. Last week in court the attorney for Belvedere kept talking about the irreparable harm that would be experienced for them if they are not allowed to build. I have to tell you that it made me angry. 9/11 victims and family experienced irreparable harm. Nearly 3000 people lost their lives. By 19 hijackers and four planes. We now have over 12 million people in our country that have not come in legally. What do you think only one of those folks could do with 16 tanks of fuel and chemicals near an airport? East Palestinian experienced and is still experiencing irreparable harm. To this day, one year later. So Mr Attorney and Council members, belvedere has not experienced irreparable harm. But we will if this moratorium is not put in place, and belvedere or any other company that may cause harm, to residents, isn't stopped. Thank you. One will you work foolish during opening you will or community or presence of millions fuel store all values towards the county's workforce and misjudgment use home could be proposed uses home is somewhat inaction correct this is an excuse versus workers moratorium remove useful JEFFREY S BROWER: David Smith followed by Vince Kinsler. Followed by Nick (Name). SPEAKER: Good morning Chairman Brower. Council members. I am Dave Smith and I live in Ormond Lakes and I'm a resident there. I grew up in Ormond Beach. Ormond Lakes has been a favorite part of my life for over 50 years since it was only a coquina quarry. It predates heavy indu room for strial zoning in Mr Johansson, ran his campaign for At-Large Councilman pledging to prioritize and safeguard our environment. Yet, we have witnessed the facilitating of an enormous risk to several thousand residents and businesses in our county. So many whose homes and properties predate the heavy industrial zoning within a mile of our homes, mine included. Do forward screws will Rick Graham who screw: Joe will all of our rubric is rezoning action your self storage will will challenge second moratorium was normally report work words will stall is workshop you will regulation will will will will will work you will will move forward you will you will will will work homes will will will contributions from developers and large corporate donors guide the vote on this monstrous plan to wreck North Volusia County's way of life, environment, and property values? Mr Robbins, you are a motorcycle rider. Can you visualize from your less threatened Daytona Beach and Port Orange point of view the safety and traffic impact this proposed facilities disbursement of h will Stauffenberg undreds of millions of gallons per year of volatile fuel, 24/7, would create in a already busy community that is Ground Zero for motorcycle activity in Florida? How many lives would be sacrificed to fuel transfer that will reflect on you for responsibility? Because you bent to Belvedere's destructive plan. Mr Dempsey, you are a pilot. The plan to build fuel parlor at all gulag room will write you will will will storage tanks 1 mile off the end of an airport runway is a foolish thought. But not as foolish as condoning or helping implement the plan. You men are millionaires. Few of our community are. The presence of millions of gallons of fuel in the midst of our homes would devastate our property values, our assets in our lives. The county's lack of foresight and misjudgment on what wild ideas could come, could be proposed as heavy industrial uses in the midst of homes is somewhat forgivable. In action to correct this zoning disaster would be inexcusable. Please protect our citizens and support this moratorium and remove this bulk fuel transfer and storage from I-2 zoning. JEFFREY S BROWER: Vince Kinsler? Is Vince Kinsler here? Nick (Name) followed by Rebecca Chafee. SPEAKER: Good morning, Nick (Name) with property rights group on behalf of Belvedere Terminals. A couple things I would like to bring to your attention. First, this moratorium as we mentioned the last meeting is considered in the quasi judicial context. There's a few reasons why. Anyone who's interested, we point you to the Florida Supreme Court... Here, staff is already told you that there's only five heavy industrial properties in the entire county in only one of those is undeveloped. We did not do this in a quasi judicial context as a fatal flaw. We want to challenge some of the statements being made. Second, the moratoriums can force continued litigation. The process gives a process to address a lot of the concerns you are hearing today in any that are founded in fact and evidence, as opposed to those that are just (indiscernible). Not only be talking but the existing litigation but also the existing counts. Comments from the court last week... Potentially millions in damage were addressed by the court. Third state law prohibits this ordinance. Chapter 163.3206 is already out there and establishes the intent of the legislature stating fuel terminal's are critical component of fuel storage and distribution and it goes on to state that a local Government may not amend its regulations in a manner that would quote conflict with fuel terminal's classification as permitted in allowable use. Florida Chapter 377 states adopting a law or ordinance that prohibits the siting, development or redevelopment of a fuel retailer or the related transportation infrastructure that is necessary to provide fuel to a fuel retailer. The law is clear: fuel terminal's are important to the economy, health and state welfare the community. Fourth, we submitted some information to the county relating to hurricane resiliency. There's over 370 pages regarding the purpose of this inland fuel terminal and how important it is to hurricane resiliency. As we all know, Florida is hurricane prone... We all remember place that were completely out of fuel. After the storm passed, it became the fuel chain was inadequate... Again, we request that the court deny. JEFFREY S BROWER: Joe Will, followed by Rebecca Chafee, followed by Phyllis Stauffenberg. SPEAKER: "I will do what I damn well please with it. It's my right." that's why we have zoning, guys. Stand up and fight for the people that care about it. You got people here - I've been listening to some of the most compelling stories for the last hour to that I ever heard in my life. For the first time in ages, I'm proud of my generation. They've gotten involved in something and they come down in here and said, "Knock it off. Do something to help us." This morning we were getting our grand kids ready for school and we don't do that very often but as we were getting ready, my grandson Bradley said, "grandpa. You're raring the wrong pants. Why?" I said I had to go talk to the Government today. I told him roughly what it was about and that the Government screwed up and had to fix something. They needed to know that people out here are willing to stand up for things. He said, "go tell him, grandpa." Underlying is this notion that I screamed about. That somehow if we own a piece of property that we can do whatever you we wish with it at everyone's expense. We don't have concrete rights in this country that cannot be violated. Take any right you wish. You're right to bear arms. When Mr Johansson retired they didn't give him a Tomahawk missile to bring here. He can use reasonable arms. Mr Dempsey, he knows about the right to free speech but he knows that it has limitations and he cannot express himself by running pantsless in the streets in Deland anymore. All of our rights are flexible and bendable. They have to change and fit the circumstances that we are living with. Things change. What a mess here, huh? The very man that built the development that we live in an Ormond Lakes. I can tell you after knowing him as a friend, this is not what he would've foreseen and neither what he would've wanted in our community. If you back off to 30,000 feet and look at this thing, forget about all the stuff we are in right now, backup 30,000 feet. You have a foreign corporation from Mexico that wants to put it smacked down in Ormond Beach and build the fuel pump. What the hell? Get the moratorium going and get the law changed before October 1 and set yourself into a place we can fight and quit listening so much to some lawyers that have a conflict in your case, and can't figure out who to represent. (Applause) JEFFREY S BROWER: Rebecca Chafee. Followed by Phyllis Stauffenberg and our last speaker of the day will be drawn to Nicholson. SPEAKER: Rebecca Chaffee, New Smyrna Beach Florida. What I wanted to say is that we voted you in to represent us and so most people - I don't know one person in Volusia County that doesn't want this moratorium to happen. I don't know any single person that also would want of fuel terminal in their backyard or really anywhere in Volusia County. So please do your job and represent the people and vote for this moratorium. I'm actually going to be speaking on behalf of Kathy Stafford who couldn't be here and I will paraphrase most of what she says to make it quicker. "My father-in-law coached my husband soccer team to a winning season in the 70s on Hall Road fields. My daughter plays soccer on the same fields and my husband has the pleasure of coaching her here as well. She also learned to ride her bike on those fields... As well as in nearby Ormond Lakes and putting a fuel terminal there is crazy. Ormond Beach had a population of 44,000 and now at 63,000 people with 43 schools within 5 mile radius, approximately half within 3 miles, and a fourth within 1 1/2 miles. That does not include day cares and churches. Ormond Beach has always been known to be residential. It's where people live and where we play and pride ourselves in not allowing big business to enter our homes and backyards. Ormond Beach locals proved that years ago with height limits on the beach. The people who want to put a fuel terminal in Ormond Beach are not from Ormond Beach, because if they were they were never think of it. It is the last hidden jewel in Florida. The people who want this are not locals and they are greedy businesses. And there's not enough roads or infrastructure to sustain and support the increased population, in addition to all of that. Please look at East Palestine Ohio and the destruction of the water that was contaminated more than 100 miles out. There's also the subject of terrorism as well. We have - I will disagree on this one with her, so I will go ahead and let that one go. She said we have wonderful, clean beaches which we absolutely do not (Laughs). Her point was let's not trash Ormond Beach because we are spending money on beautifying Ormond Beach with palm trees down the middle of Granada and why would we decide to trash Ormond Beach by bringing a fuel station or terminal to the area? So she is for the moratorium and I will go ahead and stop there. Thank you. JEFFREY S BROWER: Thank you. Phyllis Stauffenberg followed by John Nicholson. SPEAKER: I'm Phyllis Stauffenberg and I'm from Deland. There are a multitude of us, about 16 cities approximately on the west side of Volusia County that a multitude of people say no for the moratorium. There is Edgewater, Oak Hill, New Smyrna Beach, Port Orange - so to say that not one person is for the moratorium is a gross misstatement. And I will reiterate what I have told so many people since this project has began: and the realistic logical aspect of this, and in real estate you have a willing seller and a capable buyer. When they come together, it's called the meeting of the minds. As long as they are within the guidelines of the zoning permitting, ordinances, they can consummate a deal. That is what has happened here. Belvedere has every right to put whatever they want on this property, as long as it is within the guidelines that they bought the property. By not allowing them to do this, and I am not saying whether I am for it, I am not for it. I am saying what the law is. By not allowing them to do this, you can put a moratorium, you have that legal right. They have the legal right to sue you, and they will sue tremendously. If it cripples Volusia County, you are lucky. More than likely, it would bankrupt you. Because they would win. And that is their constitutional right! Of free enterprise. If you are going to do anything, I would recommend, with real estate, going to... Having the lobbyists go and lobby for disclosure laws. Disclosure for people that buy property and have property. Disclosure so that when this occurs, you cannot do it after the fact. This is after the fact. You have to do it before the fact. Do it with the disclosure laws, do it the proper way. But these people have a right, according to their constitutional rights, that is what America is founded on. Thank you for your time. JEFFREY S BROWER: Let's have order in the chamber, please. John Nicholson, I said you were last, but we have a late entry, Holly Beckwith will be last. SPEAKER: John Nicholson, Daytona Beach side. I have been to one or two of these meetings, I have listened to people, I divide this into two parts. Not in my backyard, and then what is reality. There are people that have attacked each one of you by name, and by position, alright? They are assuming that all of you are corrupt. That somebody came up and did this thing, that you are all bought off. It is the furthest thing from the truth. But when it is repeated and repeated, people believe it. They believe that this moratorium is legal, they say it is legal because the court says so. I have been here for 40 years, more than once I have said, update, update! There is no way that George or Clay would've known that a cement plan would've turned into a fuel plan. So those that condemn them and the city, or him in the county, are wrong! We could not have predicted this. Those that razzed Troy about a fuel pump, he thought a fuel pump is what we have at the airport in Daytona Beach, that you have at the airport in Norman. It is not what came down the pike. Nobody saw this coming down the pike. When they came here originally, it is not in my backyard, it looks ugly, a 40 foot terminal. That is not a reason to deny it. It will lower my property values, will really it won't. Initially it will, but it will come back, because property values... JEFFREY S BROWER: We need to have order in the chamber. JAKE JOHANSSON: We have given everybody an opportunity to speak. And it is only when the folks that are against the moratorium speak, that the public start speaking. We need to respect everybody here, for and against. It is not right to be quiet when everybody is clapping, and allow that, and then when people start booing, that we don't control it. Please make an honest effort to control it, and I would ask the public to respect the people at the podium. JEFFREY S BROWER: That is why I have called for order every time. Please continue, Mr Nicholson. SPEAKER: I am not opposed to the moratorium, I think it is about time we have it. But what is going to happen with the moratorium? There is no guarantee... Everybody assumes if you put a moratorium into place that the fuel farm will not come into place, that is not the case. It is a step in a long thing. And when any Robinsons the last time that there's problems with this. They booed him. He has a right to say and give warning... When Santiago gave warning, he had a right to say watch what you say, because he might have a lawsuit. Guess what? We got a lawsuit. So there are NIMBY things, and then these are the things we should look at. One, the train, will block the roadway in traffic? Was traffic going to be that bad with these trucks? Like they did with the Amazon project. The flight school. These are students! They have accidents. Is it a problem? Are the community standards? Are there old people that live there, is there a senior community nearby that frightens quickly? JEFFREY S BROWER: Thank you. SPEAKER: Thank you. JEFFREY S BROWER: Holly Beckwith. SPEAKER: Hello everybody, I am Holly Beckwith, I live in Daytona Beach. I am for the moratorium, because I believe there is in fact little oopsies that have happened within this county, where we have a grandmother dealing with the stress living next to a ticking fireworks store. It is taken me 20 years to put together a sentence without stumbling... So I'm here today to tell you please vote yes, there are solutions to solve. I'm proud of this county, I am from here, I have always spoke highly of this place. Because Volusia County fights for the environment, and protects the water that my great grandchildren will drink. This is a very special County to me and to apparently everybody. So if you could kindly heed the concern and vote yes for your moratorium, so that we can reassess this, and perhaps... Get something like this where it perhaps would be the most best served for the public. We have a buck he said probably sits on a million gallons of fuel, in an emergency for the hurricanes, somebody used that as an example. We do not need multiple millions of gallons of fuel stored next to a highway, where the lightning strikes are real, the issues with the weight will create flooding in the communities around. I drove by it the other day, there are farms right there. It is not fair that we do not say yes to the moratorium... A whole minute, I can go on. I appreciate everyone who has spoken, I am just a kid here, I am trying to participate, I am a busy person, I do not have time to drive over here. I had to wake up early, I am not prepared, I look like a student. But I am, I am just a kid here, and I appreciate being part of this county that it is worth my time to wake up early, come over here, try to make my point. You have listened to hours of everybody else's points. And they are all valid. I do not know why we are supporting or even considering supporting a terminal like this. When there is not a proper place within hundreds of miles for truck driver to stop. To take a break. To sleep. Hundreds of miles. It is an issue all over the state of Florida, and in the southeast. Truck drivers need the rest by law, and there is nowhere safe for them to do it, it is again, waiting for trouble. We do not have time for that. Have a good day. JEFFREY S BROWER: Thank you. (Applause) JEFFREY S BROWER: That concludes the public participation part of item 4. Vice chair Troy Kent. TROY KENT: Thank you, Chairman. Are we into the question.? JEFFREY S BROWER: we are into questions. TROY KENT: Mr Ervin, can you come up, I have a couple of questions for you. The first one is... I want to make sure I am on the right page of this. This went before the planning and land development regulation commission and approval of recommendation is what's that commission sent back to counsel? CLAY ERVIN: Yes sir. TROY KENT: And with the nine month moratorium on the possibility of extending it to 12 months, are you fairly confident that will give your staff enough time to come back to this council after we give you direction on a recommendation on our heavy I-2 zoned industrial area within the county? CLAY ERVIN: Yes sir. TROY KENT: Thank you, that is all I have for you. Mr Dyer? Last week, did a circuit judge agree with the county that we do have a legal right to a moratorium? MICHAEL G DYER: That is not part of the court's ruling. We were there on a motion for injunction which we prevailed on. The judge commented quite a bit on the background, was well-informed of counties procedural and where the parties are. But I cannot say that we have a court ruling to that effect. The lawsuit against us is seeking to invalidate the moratorium. But the county one on the motion for temporary injunction that was before the court. TROY KENT: Thank you for the clarification, Mr Dyer, appreciated. Mr Recktenwald... Did we receive anything from the city commission stating that they were in favor of the moratorium? For the county to approve this? GEORGE RECKTENWALD: I believe we have. TROY KENT: I thought my memory was that we did as well. I know Commissioner Sergeant was in the audience, we heard from Commissioner purses, and from Commissioner Tallon, and from Mayor Bill Partington. Thank you for helping to clarify that for me, because I thought we did as well. The rest I have are just comments, so I will wait for the rest of the questions and then speak in my comments time. JEFFREY S BROWER: Councilman Johansson. JAKE JOHANSSON: Thank you Chairman. Probably Clay, but maybe George... Would you say a lot of the concerns that have been brought up regarding I-2 zoning in general, not having to do with this particular one, would be addressed in a site plan... As a site plan was submitted and we review it? Those safety items, those traffic items, those other type of items, would they be addressed during the interview process? CLAY ERVIN: Yes, there are conditions in our regulations, that pertain to life safety issues, as well as protection under the environment. That is where, as folks are referencing these sections of the charter, those sections of the charter implemented through the zoning ordinance land development regulation. And also for the Florida building code, and through fire prevention code. JAKE JOHANSSON: Do you find, in general, in your vast knowledge of people coming in with site plans, that people try to work together to come up with the solution? And sometimes the developer looks and says that is too expensive for me, I'm not going to do it? CLAY ERVIN: There are multiple levels for staff interacts with applicants. Typically it is at the first meetings, or with the plan and zoning, at that point of time it is a simple answer of yes or no if they can do it with the existing zoning. Once you get past that, you get into the more site-specific and more technical aspects that are tied to those codes. That is when many times a decision to abandon a project or procedure made by an applicant. JAKE JOHANSSON: Audit. Also, and I asked this a few meetings ago when we were discussing this moratorium, but I will ask again to refresh everybody's memory, since I have been here, and before when I was watching. It seems like you are going through your comprehend the plan, your future land use, and things of this nature, and reviewing them and updating them as you get to them. Obviously, I-2 zoning is high on our priority list right now. Whether the moratorium gets approved or not, would it be safe to say that we would conduct the same review and come up with possible changes down the line? Just as a normal course of doing business? SPEAKER: Regardless of the moratorium in front of you today, staff is identified that there would be a need to address the concern with that open-ended permitted use that is identified in the I-2 zoning. It is something that would need to be better refined, because it is so wide open, and it does not necessarily give us a better opportunity to ensure compatibility consistency. DAVID SANTIAGO: Regarding the pending legislation in Tallahassee, in the event that legislation passes and I know it can morph and change until the vote, as it currently stands, it may affect any outcomes we have going forward. And I understand that the effective date is October currently as written, which that could change as well. My understanding is that they can still hold us to requirements within that proposed bill, even if the effective date is October. Can you elaborate on that, please? MICHAEL G DYER: Paolo can jump in if I'm missing anything. The way that bill is written out, which is subject to change, it takes effect October 1. If you had a permit and the site plan decision, that's a lower level all the way up to a charter amendment ordinance. That would be subject to the bill. If you have some decision that could be adverse to one of those business sectors, they will get caught up in the requirements, in the bill, assuming it becomes law. MICHAEL G DYER: It doesn't prohibit restrictions in place and it just makes it more difficult for Government to do that but it's not a blanket preemption. DAVID SANTIAGO: That's all I have Mr Chair, thank you. JEFFREY S BROWER: Councilman Robins. DANNY ROBINS: Paolo, this one is for you. Thank you for the hard work that your team is doing. Quick question: on the last reading on 116 of 24, during that hearing, you advised the elements requirements for a moratorium that must be arbitrary. Did I understand correctly? One of the elements? PAOLO SORIA: Essentially your actions cannot be arbitrary or capricious. That's why we went through the steps of having a justification. If you're referring to the property rights element, that is something that you must consider. This is all about property rights and this is a property rights issue, so when you are making any decision on land use, zoning, rezoning, state law in our own charter says we must consider the effect that your decision has on the property owner. It's not an outright prohibition if you are taking action but you need to know what you are doing and how it affects the property owners and their specific rights that are in the plan requirement. DANNY ROBINS: Just for the record, what's the legal definition of arbitrary? PAOLO SORIA: It's a very low standard. DANNY ROBINS: Not random? Very target specific? PAOLO SORIA: It's the opposite. Right now the way we have set it up, it's a legislative decision for the moratorium for this council to make and there's a rational basis for the moratorium because it puts a pause on development at the I-2 zoning district in order to meet the status quo - that's a standard in rational basis for the moratorium. DANNY ROBINS: How did we get to this point? Was it brought up in reaction to a specific potential project? PAOLO SORIA: I believe it was November 21, it stopped affecting the accounting and where you could take action to address your zoning changes. DANNY ROBINS: Take SP 250 out of it. Did we randomly or proactively initiate this? Or was it brought up in reaction to a specific potential project? PAOLO SORIA: All changes that we received from counsel are in reaction to something. There is an issue, the issue is identified, we received direction for it, so those were the events of November 21, pending the discussion that happened for the four or five months prior. You had a proposed project. The issue is: we've identified something in our code that is basically catchall and allows any industrial use that's not otherwise listed to be in there. That's potentially an issue. DANNY ROBINS: Thank you. We are here for a potential project. I have nothing further, thank you. JEFFREY S BROWER: Councilman Dempsey. DON DEMPSEY: Paolo, I will ask you to stay up for a second. A few meetings ago, I believe Mr Santiago we proposed doing a local agreement allowing Ormond to go in and take over this property and create a moratorium on their own. Is that still an option for the city? PAOLO SORIA: That initiating resolution proposes, one, expanding, the way that the ISBA provides zoning and land-use authority to the city in advance of annexation. It restarts the negotiation process for the term of the ISBA. We have sent that to the city under that state process. DON DEMPSEY: And that past unanimous with the Council, correct? Is that still a viable option for Ormond? If there were a moratorium, if they accepted the offer? PAOLO SORIA: I think they were previously stating they were not interested but again this is an agreement to negotiate. The county cannot force another local Government to sign that ISBA. But if it gets approved and the property is located within the Ormond ISBA, that gives Ormond Beach the ability to change the zoning in the land-use in advance of annexation. DON DEMPSEY: It's an option form? If I can get Clay up here? Thanks Clay, thanks Paulo. Thanks Clay. Just a follow-up, right now we are not able to process the site plan, correct? CLAY ERVIN: Yes, sir. DON DEMPSEY: That was trying to force us to process the site plan? CLAY ERVIN: The one from last week, yes. DON DEMPSEY: Let's say the moratorium goes the way and it comes on your desk, if this truly is a dangerous environment, specifically as I have said historically, the overlay, if this is truly a dangerous environment would be be able to deny the site plan based on dangers to the community? CLAY ERVIN: We would have to look at the code that we have in place. The codes consist of the fire prevention code, the Florida Building Code, the Volusia County Zoning Ordinance in the Volusia County land of element regulations. All of those factor into it. Everything from the wetlands, provision of utilities, to fire safety, to stormwater. We also have segments on potable water wellfields. We would have to be able to review the actual documentation to be able to render an opinion. If I said anything right now, it's uneducated and not based on the facts that I have from that set of plants. So therefore, at this point, yes, we would look at it for the codes that are in place for protection of the public health safety and welfare. DON DEMPSEY: As you know, I have said historically from the dais in our meetings probably, that my major concern is about the airport overly and deflate activity that's going to take place over the proposed fuel terminal. You heard that expert, the gentleman who was a former captain, he expressed his experience. There was an article in the Journal about the 2018, how we have more flight activity in central Florida. How 68% of our flights are student training and I think we have the biggest student training in the country. We are little bit unique from the last of the country. Have we consulted anybody or hired anybody as a consultant to really dig into that and see what dangers there are with Ormond Airport? As opposed to other airports that have fuel terminal's nearby. CLAY ERVIN: The subject property is within our designated airport overlay. We would review it for compliance with our code requirements. As been referenced, there is a prohibition against hazardous and combustible materials within a protection zone. This property is outside of the runway protection zone but it is still within the air overlay. We would have to determine if the use is an obstruction to aviation. And if it is, what are the applicable standards in our code? That's where we are bound by our code. Any kind of studies in regards to the amount of students don't factor into the code but the technical analysis of whether or not it's an obstruction to aviation, does. DON DEMPSEY: Obviously you are going to be able to fly over them but is it a immediate potential danger? Would that be- CLAY ERVIN: That's in the definition of obstruction to airport aviation. DON DEMPSEY: If the moratorium is extended, would we even get to that point? Then proposing and evaluating it in proportion to airport activity? MICHAEL G DYER: Mr Chair, can I add onto that? I think there are three primary options for counsel at this point. The first would be to approve the moratorium as proposed. It specifies that it applies for certain period of time and also we would not be processing the applications, or what have you, within the entire I-2 classification during that period of time. I think it's important to emphasize that the moratorium, as proposed in the direction we gave to impose - it's not one property, it's a whole zoning district. You have approximately 800 acres of I-1 zoning district as well. Is that right? Industrial land use that could, some of that could involve a proposed rezoning to I-2. There are a lot of things to look at potentially, if you so direct. The other option would be to deny the moratorium. The effect today would be that, pending the ordinance doctrine goes away, we would process applications as we receive them as normal under your coat. We would process them and they would be subject to regulations, restrictions, some of which you are asking about. Quasi judicial in nature and that will be studied. And as you would with any project. Third option, I think you could deny the moratorium but also subsequently directs staff to look at changes in the I-2 zoning district but the moratorium would not be in place. As applications are received, your staff might have to process them. Really, the last two options are variations of each other. In the first would be adopting the moratorium. You have a letter that was given to you by (Name) Robinson. My office didn't get a copy but you have that. I think we have addressed many of the concerns that have been raised. There is mention of a County charter violation but I was skimming it this morning because I got it during this meeting. I don't see a reference to how the charter is violated by the moratorium. We are presently involved in litigation that you commented on, Mr Dempsey. They are suing us to compel us, Belvedere Terminals, to process the site plan application, which we are not doing because of the pending doctrine. And if you pass it today, the answer would be the same until this passes. DAVID SANTIAGO: Mr Chairman, I want to make a point of order. But my name is up here purely for the debate stage, so bypass me of others... My point is to remind, if we could, through the Chair, that what is before us is an I-2 moratorium classification. I would encourage us to not make it specific about any project. I think your points are well made about what you did about (unknown term), but I think that should be a separate topic afterwards, so as not to poison what we are discussing here on the I-2 moratorium. I just wanted to remind my colleagues. I want that discussion, and I think we should have it afterwards whatever happens. And whoever else is going to talk. Thank you Mr Chair. JEFFREY S BROWER: Thank you for saying that. I had three quick questions, my first was to that point. Actually, I might make it the third question. Clay, first for you. Did you just say and answer to Don, I think it is what you said, that the only way for Ormond Beach to have a moratorium would be to annex that property? Or did Paolo say that? CLAY ERVIN: I think that was Paolo. JEFFREY S BROWER: You are off the hook. PAOLO SORIA: So, they can annex it, go through the process, they have already said they are not interested in annexation. They have the ISBA as a tool that allows the city of Ormond Beach in advance of annexation to apply its zoning and potential land use to the property. And that is potentially the ability for them to apply a moratorium, but it requires the ISBA to be on that property. MICHAEL G DYER: ISBA, that is the creation of statute, and basically allows a city, through a contract that it would have with the county, to begin exercise zoning land development control in an area it'd not yet annexed, but plans to annex. To be clear, there is no magic wand. Whatever legal arguments we are facing, I would anticipate that Ormond would face. If they wanted a moratorium, or took adverse action. I do not think the ISBA escapes that. It is not a... It is not a secret weapon (Laughs) That can be used, that would escape the same problems or arguments that we are facing. The moratorium, if you do approve it, and we have talked about this before, it is really a temporary measure. Certainly we are being sued to try and invalidate it. Gray Robinson, the letter they sent you, they are arguing that the moratorium is procedurally flawed, we responded to that. They argue they have vested rights, that the project enhances public safety, and there are regulations that would impact fuel terminal. You are here today on a moratorium for the entire zoning district, not on one project. Although certainly, they are advocating and how it would impact them. But if you do adopt the moratorium. There are, I think one of the speakers came up earlier today and said rights... There are no concrete rights, rights are bendable and flexible. To the degree we can do so. You have a number of state laws that have preempted local governments taking away local control. Some of which, as we talked about before, impact fuel terminals. You have pending legislation now that would do more of the same. Taking more local control away from local governments in making decisions on property that is within their jurisdiction. So there are certainly restrictions that we will have to navigate. That we have been navigating. But if you do, assuming we go through the moratorium and it is approved, and your staff comes back and makes proposed... Gives you proposals for how you could change I-2, which is what you would be seeking. Those have consequences, those changes. There is nothing we can do to change that. That is state law. Harris act, how are you diminishing the value of the property? And they will see you for that. We have talked about that. So I think if you are open to moratorium, presumably you are open to making some changes, and some of those could have financial consequences to the county. There is nothing we can do, or arguments to say we escape that. It is not at that stage yet. Now your moratorium is not making a change per se, it is allowing yourself with time to come back to you with options. JEFFREY S BROWER: The moratorium, Ormond Beach, it is really a moot point, because Ormond Beach has made it clear they are not interested in annexing that, and I do not believe they will. Paolo, my recollection... Confirm if you remember the same. Our first meeting on the fuel farm was a special meeting in November, and it came to the attention of this entire counsel about I-2 zoning. Nobody, to my knowledge, nobody in this counsel knew where any I-2 zoning was. So we made the decision to look at all I-2 zoning everywhere in the county. That was the issue, it was not site-specific. It was the fact that... Where is all of this I-2 zoning? And we should be aware of it. That is our responsibility. PAOLO SORIA: During the first meeting? I guess that was the special August meeting is what you are referring to. JEFFREY S BROWER: OK. PAOLO SORIA: Yes, at that time we were in the SP 250 issue, cannot change the zoning, what is the zoning on this property? The zoning is I-2, it allows basically any industrial use that is not prohibited. At the time, staff was providing information to counsel, staff did not do an analysis of where every single I-2 parcel in the county was. In which case, this proposed moratorium is legislative in nature. Number one, because it affects every single zoning district in I-2. Yes, there are five parcels. But that does not change the fact that it is applying to an entire zoning district. It applies in the future to any zoning parcels zoned I-2, and legislative because it is done by the highest legislative body in the county. And it is a change to the list of allowable uses, not just a mere rezoning. Rezoning, that affects a small number of parcels, such as changing from residential to commercial, that is quasijudicial in nature. You are changing the actual list of allowable uses, that required special noticing procedure, that is why we have these two hearing format. That is kind of why we are here. JEFFREY S BROWER: Correct. I guess the point I was trying to make with you was that the instructions of the Council was that we look at all heavy industrial zoning. PAOLO SORIA: Yes. JEFFREY S BROWER: My last question is the idea of property rights came up. When we consider property rights, does this Council not have the responsibility to look at all of the property rights of the people that live around them? Or just as a specific property if and when it comes up? PAOLO SORIA: There is specific considerations. So you are supposed to consider, more or less a balancing test, you're supposed to consider the right to develop the property, in accordance with the rules in place of the time. As a consideration for whatever your actions are. As far as Burt Harris is concerned, Bert Harris only applies to the property where the action is being taken. It is specifically in the statute, when you analyze Bert Harris, it does not apply to adjacent properties, it only applies to the properties where the local government is actually taking an action. So the property rights of a property is weighed against the compatibility of its surrounding area. That is usually done at the legislative process, or process outlined by rules for how you analyze land use actions. MICHAEL G DYER: Mr Chair, really the position that County is taken, since we have been sued for example, by Belvedere terminals, as an example. We believe that the Council has a legislative authority to consider whether to have a moratorium, and maybe talk about changes to the zoning code. It just may be financial and legal consequences for doing that. But our argument has been, for example Bert Harris, our argument has been that the Council has the authority to make those decisions. JEFFREY S BROWER: Right. OK. Matt Reinhart. MATT REINHART: Thank you Mr Chair, many of my questions already answered. Paolo, I will leave you up there for a moment. And what you just said, Mr Dyer, I will try it... It is hard for me not to make it specific, because... And I will stay on task this time, I promise. To my twin down there. But with respect to Bert J Harris, my understanding, and correct me if I'm wrong, it is the potential that that property... In other words, they can sue you for the potential that that property... PAOLO SORIA: It is called reasonable investment... MATT REINHART: Thank you, I cannot think of the terminology. PAOLO SORIA: It is a specific term, defined by statute, so it is not any and all uses, it is what is the reasonable investment expectation at the time, is the local government a burden on that, and if it is, what is the difference in the value of the property between the reasonable investment backed expectations that have now been taken away and the current value? MICHAEL G DYER: Again, if you made changes that affected ultimately the entire I-2 zoning district, we may not know property owners who may try to assert some kind of Harris claim. They may not of spoken yet, and you would find out later... Bert Harris, we talk about it frequently, that is the name of the statute, and act, and basically what the legislature did in 1996, was they made it easier. They lowered the bar and local governments, particularly in land development decisions. It will be a battle of how much is the local government action, let's say you valiantly enacted a zoning ordinance. How much of you diminished the value of that property? And you might have to pay for experts and insurance fees as well. And that Indian River County case we shared with you as an example of that protracted legislation. Ultimately they had to pay the property owner the diminishment in value. The battle at that stage is not whether you have the authority to do it. Just what is the damage done from what you did. MATT REINHART: Thank you by the way. My next question may be for... Trying to think how to word this again without making it specific. Hypothetically, there is an area in unincorporated Volusia County, that is I-1. And they want to... Obviously that cannot happen if this moratorium was in place. That would prohibit that person from going forward. Does that leave them legally... PAOLO SORIA: So the Bert Harris act, that is why we keep it under one year. The definition of inordinate burden excludes temporary impacts to properties that are less than one. In that instance, our argument, someone can always sue, and weakens for anything. Our argument is that there is not a permanent inordinate burden on the reasonable investment back expectations because the impact is temporary. MATT REINHART: OK. The last question for Clay. I was not going to let you off the hook. Again, I have to think how to word this... If there was... Actually I think this question was already asked, I will not ask it over and over again. I will let you off the hook, sorry, I will not keep repeating it. JEFFREY S BROWER: Stay there, Clay. Jake Johansson. JAKE JOHANSSON: Thank you Mr Chairman, follow-up question, you said something that I kind of sideboard with George and got the answer, but I wanted for the record. In this site review plan process, I-2 zoning when something comes up that is complex, you said - I'm sorry for putting you on the spot for what you said. We would determine the danger in this particular case, aviation overlay, but in any I-2 zoning, we would determine. It's very important for me and anybody that is working with this zoning in this particular location, regardless of what it is, that define who "we" is. I'm comfortable if we use professional consultants that work in aviation to help us determine whether it is safe or not. If Clay Ervin, Jake Johansson and Don Dempsey are behind closed doors going, "it doesn't look safe to me," that's not good. In areas where it's beyond our scope to safely determine and rest our fears, do we use the right people? Like we use traffic engineers, right? CLAY ERVIN: County staff has a wide and thorough understanding of our code. There are going to be technical aspects of it, that we do have continuing consultants that provide us with expert review because we want to make sure we have the folks who have the most up-to-date understanding of technical and legal aspects of plan development. JAKE JOHANSSON: And can I safely assume that in the case of fire, let's say, in any I-2 zoning, not a particular one, that are Fire Chief and Sheriff, if they don't have the necessary acumen to make that decision, that they can lean on their state Associates and the pros from Dover that determined that stuff as well? CLAY ERVIN: Yes, sir. JAKE JOHANSSON: Thank you. JEFFREY S BROWER: Do you have questions? David Santiago. DAVID SANTIAGO: Mr Chair and Council members, I feel like I want to ask some questions of the representative from Belvedere, in particular to some of the testimony he gave here in the letter he provided us, I guess that came through last night. I don't know if there's any objection to that, Mr Chair? I think it's one point that's really relevant in my opinion. If he is willing to answer question. JEFFREY S BROWER: Looking at the County Attorney. He doesn't have an objection. Does anyone have an objection to Mr Santiago questioning the attorney for Belvedere? I don't see any. DAVID SANTIAGO: I wanted to see if you can elaborate a little bit on .1 on the quasi judicial requirements. You cited Florida's Supreme Court law. And if you could hone in on the fact of the size and why you think that pertains to you, and not to others that could potentially rezone into your category? SPEAKER: First of all as you all know, anyone who would rezone would be required to have a Quasi-Judicial Hearing in order to get in front of the board for that rezoning. For our purposes, there's only five parcels that this affects at all that is in the entire county. When it comes down to it, as we have pointed out numerous times, four of those parcels are already built, which means at the end of the day you have one vacant parcel that this affects, that this site plan application submission moratorium affects. We believe that the case law of the Supreme Court case that we cited suggest that when you are doing that, in that context where the impact is on the limited number of persons, that those need to be quasi judicial in nature. There's nothing in quasi judicial that takes it out of the context of the zoning requirements, as a lot of case law says. I will let your attorney tells you the County's position and if they disagree, that's understandable. It needs to be quasi judicial and we would have the opportunity in that context to cross-examine witnesses and to ask questions of each other. To present expert opinions, evidence that could sway the Council's vote based on evidence, rather than speculation and conjecture. And that's a big part of Belvedere's complaint here. It's always been that we understand there are concerns and we would be happy to address them in a context that is fact and evidence-based on the site plan process and things of that nature. DAVID SANTIAGO: What would you say to the counterargument to your claim that others that are not I-2, let's say I-1, that they can appeal and request the zoning that broadens it from not being so limited in scope and property owners. I think you identified five in your client is one. If others have that capability, does that change your opinion of the state case law? SPEAKER: We don't think it does. Anyone who wants to rezone, whether it's agricultural I-1, or anything would need to come before this Commission and suggested before the Council, they have their evidence a moment before the Commission... DAVID SANTIAGO: They get entitled to that hearing? SPEAKER: Correct. It's a rezoning in that context. It's been Belvedere's position since the beginning that they have this right and this has been taken away from us without the quasi-judicial productions. DAVID SANTIAGO: Thank you Mr Chair. No more questions. JEFFREY S BROWER: Vice Chair Kent? TROY KENT: If anyone has questions, I will yield to them. JEFFREY S BROWER: Danny Robins do you have questions or debate? DANNY ROBINS: Questions. Paolo, please. Paula we had a special meeting on 8/23/2023. PAOLO SORIA: That meeting was because there was a request to look at a minor air construction permit. The staff did not have any information at the time to provide you with any legal advice that would be considered adequate. A special meeting was held so that staff could do research on that particular aspect and provide counsel information, legal and otherwise, so that they could make a full and informed decision. DANNY ROBINS: I was just reading the file, Item Number discussion on the bulk station terminal at a specific address, including direction on objection to permits. But at the special meeting, did we instruct legal or staff to create a specific webpage for a specific parcel on our county webpage? And have we done that in the past? And have we done it since then? PAOLO SORIA: That may have happened afterwards at another meeting. Putting special websites is not unique and I think we have one currently for (Name). We have the settlement in their in a drop-down menu showing the applications that have been filed. Having a special website for large projects and showing the progress on it is not unique. DANNY ROBINS: When they made that subdivision down there, that whole taxing district was put together and I get that it's been around for 20 years. But the answer to my question in terms of creation of this, one was created, so thanks. JEFFREY S BROWER: We will open it up for debate. Vice Chair Troy Kent. TROY KENT: Thank you chairman. To the community that showed up today, thank you. Thank you for taking time out of your day and showing up. Those of you listening online, thank you. My favorite comment from the community members today was, "our first responsibility is to you." It's not lost on me with my life in public office that these are rented seats. We are here to serve you. This went to our planning and land development Regulation Commission, approval was recommended for a moratorium on I-2 zoning district. The Ormond Beach city Commission has voted in support of this moratorium. Our Ormond Beach Chamber of Commerce showed up today to talk about representing 600 businesses in the City of Ormond Beach, and they are in favor of this moratorium. The Government closest to the people is the most impactful Government for you. We don't want the federals telling us what to do with our land use. We don't want the state telling us what to do with our land use. From Ormond Beach to New Smyrna, they don't want the county to shove it down their throat and tell them what to do with their land-use. It doesn't feel good and nobody likes that. Our attorney said it could have financial consequences. Well, it certainly will have quality of life consequences. As far as the question of Ormond Beach annexing this property, Ormond Beach spoke loudly and clearly on this. They don't want it. They won't provide services for it. And I mean no disrespect with this, but I'm a big boy and this is on our shoulders at the county. I'm not afraid. I won't shirk my responsibility to another community and push it off on them. I'm willing to do what I think is the right thing here and now, today. As far as this email that the county received, I heard last night from Gray Robinson, that at 1020 something today this Council received the email. Our meeting started at 9 AM, by the way. At 1020 we receive it from our clerk, who I hear she received it last night after hours. And you look at the points in it. Number one, the moratorium hearings and vote are procedurally flawed. Number two, it is part of an effort to improperly un zone of vested use. Number three, this project improves public safety and voting against it will allow the county to work with Belvedere and project development. In number four, Florida has recognized the necessity of fuel terminal's and enacted laws that precludes counties from stopping their development. We've heard it from several Council members: this is about the I-2 zoning countywide. And before my time expires and it doesn't have to be at the second, in the next five seconds, I will make a motion. But I just want you to know, the residence of Volusia County, if somebody puts me in a corner as your representative, I will vote to unleash any and all resources that this county has to protect your quality of life and to protect all of Volusia County. (Applause) TROY KENT: And with that chairman, I will make a motion right now to approve the second reading of ordinance 2023 – 47, implementing the moratorium on heavy industrial I-2 zone parcels countywide. Thank you. JEFFREY S BROWER: We have a motion to approve the nine month moratorium with an optional three-month extension by Vice Chair Troy Kent. Is there a second so that we can discuss it? Volusia County Council, is there a second to the Vice Chair's motion? OK. I will hand off the gavel to the Vice Chair, as chair I cannot make a motion or a second. MICHAEL G DYER: You can make a second without passing the gavel. TROY KENT: I will hand it back but you have to ask nicely. JEFFREY S BROWER: Can I please have my gavel? I second your motion, Troy Kent, as the councilman in that district who has appealed to us on numerous occasions to a consider this, I will gladly make that second. David Santiago... DAVID SANTIAGO: Thank you, Mr Chair. This is been a tough one for several months... It is tough because I like to find myself following the rule of law and applying it to everyone lately. Thank you sir, I appreciate you calling me number one, you are a gentleman. If you recall, including that guy who called me number one a second ago. I made this motion a month and 1/2 ago. I made the motion in order to move forward the issue, to continue to have dialogue, to continue to learn about the current status of things, including, which recently occurred in the legislature... All of those things come into my processing. I try to not apply emotion to anyone's decision, I do that to protect everyone's right. That is how I process things. I think what is happened here... Now my position has evolved, because the moratorium is not a silver bullet, folks. And some comments were made here today, which I appreciated, they reflected back on previous comments that myself and many colleagues have said. I think someone said, it was complemented by the judge, that the county follow the law. That they did their due diligence. Those were comments made from you all, sorry not all, I'd hate to paint people with the same brush, but some of you folks advocating that criticized us for doing that back then. We have experts in place that handle these things. I try to make it not site-specific. But the best tool that the County has to address almost every single one of your concerns, I have come to the conclusion, the site plan process. You did not trust our comments, some of you, before. I have done my research. The site plan process is the best option for you. This whole process has been poisoned from the beginning. And this put us in a difficult spot to do things and utilize tools that may have been effective for you. I am going to not vote for this moratorium, because I do believe it is the best option for some of the things we are discussing here today. I understand, I have said this several times, if that was in my backyard, I would be in the audience with you, I get it. But my job is much more than what is specific to what is not in my backyard. That is the role they play. I get that you are upset, I have no problem with that and I respect your opinions. That is fine. I get it. That is OK. But hopefully, we will see how this thing plays out. But the moratorium is not a silver bullet. The legislature is acting that will also probably preempt anything we are doing or trip us up or cause us more harm. I am also weighing the fact that any potential action in this. I have to look at the county as a whole. Ormond Beach, I think it has taken a backseat, you may not see it. All of these things they are saying look over here, in my opinion, where they could've taken action, as my friend Mr Dempsey mentioned, the ISB allowed them to have rights and take action. I said this before, they could put the money where their mouth is, sign the agreement, not the $100,000. If they take the ISB we propose, yes they sent a clear message. Because they do not want the hot potato. They wanted to stay here. If they take the hot potato, they can take action right away and do what they want you to do. They want a zoning change, I am not prepared to do that, but that is what you want! If they want to do it for you and they really want to step up, they can do it. It is sitting in their hands. This is a decision they have the right to make. Our jobs are more in the perspective that we need to look at the county as a whole. I do not despise you for being there, I understand it. Some of the folks in my opinion that a ledger because have potentially even hurt your cause in some cases. Not all of you. I want you to... Understanding the process, including a lady like that was talking, some of the tactics you have taken. And I'm going outside my norm here, have actually hurt you because of it. Some of you who are reasonable understand what I'm saying. I get your passion but I cannot support this moratorium now, because I think we have other tools that we can apply to everyone equally that put us in the best position. Thank you, Mr Chair. JEFFREY S BROWER: Jake Johansson. JAKE JOHANSSON: Thank you, Chairman. I look at this from a pretty broad view. This council, and many councils before, including the cities for that matter, have heard time and time again that it is our responsibility to keep taxes low. In order to do that, we need to balance our portfolio of taxpayers, it cannot be all residents. This is a balance between our residents, our businesses, small and large, and encouraging industry to come to our county, in areas zoned accordingly. Which spend money for organizations to encourage industries related to high-tech and aerospace, advanced manufacturing and headquarters, life sciences, logistics and distribution. And professional services. Our decision today will affect the ability of these organizations to convince those targeted, private sector businesses to come here. There is industry out there who cannot submit plans because of this current pause, waiting for the moratorium. There are people out there that have called me saying, "I cannot do what I want, and you are asking me to do it, because I cannot put in a site plan yet." Separate from anything you may have talked about today. Failure to attract high-tech business will further restrict our ability to lower taxes, because of the imbalance between commercial and residential taxpayers. Keep in mind that commercial properties do not get homesteading exemptions. I understand the concerns about what could possibly happen, and the risks associated with heavy industrial uses and proximity to residential areas. For those who spoke today, I know the fear of the unknown, I understand it. We talk about safety, but other than sending us stories about pressurized gas explosions in Third World countries with minimal regulation, there are as many... ** Audio lost ** ** Audio restored ** A plane crashed the other day and killed two people. As it stands, these concerns are addressed in our site plan review will stop I concur with Mr Santiago that the quicker we can get to site plan review, the quicker we can address the concerns that you all have. And they are valid concerns. What if an I-2 developer submits a plan and says we will build a different road. We will build a 10 foot wall. Maybe we might decide to bury the gas. Maybe it is not a good idea to bury the gas. There are so many things that they can do to mitigate our concerns, but we have not given them an opportunity to do a site plan yet. I am just concerned, as is Mr Santiago, that we are putting the cart before the horse here. And that we need to allow them to submit the site plan, so we can accurately address your concerns. Allow Belvedere to say, we can work with you on that, and we can work with you on this. And that goes for all I-2 submissions. That is how we do it. That is how we do it with residential right now. It is give-and-take until it comes up. They are permitted for 800,000 houses, but we've agreed to only put 4000 in. It happens all the time. And Mr Ervin's staff and the legal staff are great at working through those compromises. So I am for allowing the site plan to be submitted, and working with the professionals to come up with a way to meet your concerns and address everything that you have brought forth today. Thank you. JEFFREY S BROWER: Councilman Dempsey. DON DEMPSEY: Let me start off by saying that I agree with Mr Santiago and Mr Johansen. I think Winston Churchill said it best when he said, we have nothing to fear but fear itself. And right now it is a lot of fear in the room. I also agree that we need to let the site plan do its thing. I am concerned about it! Not because of a NIMBY issue, not because I'm afraid of fuel terminals in general. I drove here in a truck, we all used gas to get here today. We all need gas. But we do not want it in our backyard. ... A look into the safety. I will give you some numbers that I have found, and I will believe we had the expert here earlier today. The flight instructor, corporate pilot, airline pilot he said? He basically said, in his experience, how dangerous it is... I agree with him! I think he was in favor of the moratorium. But his substance was it is dangerous! Because of the number of flights, because he agreed with what I have said historically here, when you take off. I'm a pilot, for those of you who do not know, and I am instrument rated. So I have flown in and out of airports with fuel farms under them. I have flown out of Ormond. It is a dangerous airport. My son was a flight instructor, he is a Captain for jet airlines now. I am very familiar with the aviation dangers. If you recall, we had two planes crash out of Deland, in the same location where the fuel farm would be. And that basic crash, if that was the norm and, would be right into a fuel tank, so I get where you are coming from with the dangers. I have just done some research... Tampa international Airport only does 593 flights a day, St. Petersburg airport, which is corporate, Allegiant goes out of there, they only have 400 a day. Between Peter Knight, Tampa, Saint Pete, Brooksville, and Clearwater airport, they have 1600 flights a day. Our little community here: Ormond, Daytona, Flagler, New Smyrna, Deland, we have nearly 2300. So our little community of this combined population between Flagler County and Volusia County, is 700,000 people. Where those other airports are, they have 2.5 million! So in his jurisdiction with more than 3 1/2 times the number of people that we have in these two counties, they have 50% less light activity than we have. Because we have Riddle, Phoenix East, my son used to train the Norwegian play students. We have the Chinese students that used to come, we have a lot of internationals. My son is told me historically how dangerous it is teaching these kids. Not only do you have student pilots, but often times, they have language barriers. So when you are coming into land, on runway 17, if you're in the cloud string instrument training, and you only have 300 feet to decide if you are going around or try and land. And there is a 40 foot tank of fuel unto you, that is dangerous. It is dangerous, I get it! But we cannot come in here and say we do not want to fuel farm for no reason. We have to have reason. I would ask them to go ahead and submit the site plan, shows why it is safe, explain to me why it is safe, when we have three times... Or 50% more flight activity in a population less than... When you have 3 1/2 more times more people in those jurisdictions. I am just afraid that this moratorium is not the answer. We need to let this thing go through the site plan. And I would hope that if this truly is a danger, to the community, that it would stop there. Once we have had our expert analysis, and I who would hope that she would still participate at that phase. Because of it is truly dangerous, we have to stop it. But if it's not dangerous, then it's another situation. That's where I am, thank you. JEFFREY S BROWER: I think in previous meetings, you are the one who said it was dangerous because of the airplane taking off and landing right over top of the fuel farm is. Is there fear? Yeah, there is fear amongst all these people here that are worried about their homes because they are depending on a Government that they elected to speak for them and stand up for them. There is fear on this counsel. There is fear on this dais. I hear it every time we get together and talk. We are afraid we are going to get sued. Now we are afraid we won't be able to stop taxes unless we allow this. I want more businesses in Volusia County but at what price? We have fears that the legislature may interfere with us. Let's dispel with those fears and do our own job and be the representatives for these people that are depending on us. Maybe we will discover that it's dangerous - it's dangerous. It's dangerous in a residential neighborhood. I don't know who disagrees. Somebody says there are 16 cities in West Volusia - that's just factually wrong and inaccurate. It's not the truth. I have talked to some of the communities that were mentioned: Oak Hill, Edgewater, they are not for this. We've had more letters from cities that say they support us. Ormond Beach did take bold action and said, "we don't want it. We won't give you utilities." For us to say to Ormond Beach that they didn't do their job, they are hoping that we stand up and do our job as well. The moratorium is not a silver bullet. Neither is going through the regular process. I have time and time again seen projects that I think that there's no way this will ever pass. And then the process comes up, we go through the whole thing, and we are told, "it checked every box. The schools are not overcrowded and they could take the people. The roads are not overcrowded and they can take the people. There are wetlands and we can mitigate that." Baloney. It scares me to death and if you want to talk about fear, that we would go through the regular process and leave it up to that. The moratorium gives us time to look at every single I-2 heavy industrial zoning in the county, to hire consultants to look at it, and gives independent opinions, expert opinions. Should it be there? Should it not be there? I-2 zoning that is. And what kind of I-2 zoning? Maybe by special exemption the council would vote to allow a concrete plant or something else but we should be able to make that determination of what goes in there. So, the moratorium people allows us to look at I-2 zoning in the entire county. That's this counsel's responsibility. It caught us off guard. None of us knew that you were zoned I-2 right in your neighborhood. Did staff know? I want to know from now on what kind of preempt meanings come to us. I've asked for that repeatedly and I still don't have it. I will ask for an update at the end of the meeting today but this is... This should be the easiest votethis counsel is ever had to take the time, to evaluate what it does to your lives, your property values, your property rights, your safety on your property matter to me. Not just one property, but every property. And I don't care if Bert J Harris doesn't consider your property rights. I have to in every elected person in America has to evaluate the property rights that you have because my property rights stop at your property line when I'm infringing on your health and your safety. It's an easy call for me. And lastly, I will say I will not condemn the people coming out to these meetings for doing it wrong, for me doing it wrong - I commend you instead of condemning you, for coming out and speaking up for your own community and I hope you will continue. (Applause) JEFFREY S BROWER: Don Dempsey. DON DEMPSEY: I guess I feel compelled to respond to that, Jeff, with all due respect. Just to quote you earlier today: you start off by saying the Government should be held at the local level. We don't like the feds telling us what to do in our states. We don't like the states telling us what to do in the local level. Just follow that logical extension, but you said yourself. It's better left to the localities. So why are you against Ormond dealing with this? We've got the feds - we don't want the feds telling us how to teach our kids. When we fought to get rid of the SB 50, we don't like the legislature telling us how to run our local businesses, so who are we to tell Ormond how to run their business? You voted for it and we all voted for it to give them the option of the ISBA. To come in here now and act offended that we are offering it to them, my question is is it still an option? JEFFREY S BROWER: They already said no. They said we will not process it and we don't want it. They didn't need a moratorium because they said no. DON DEMPSEY: If the legislature tells us we will leave it to the County of Volusia to deal with the property rights, are we going to tell them know? You make our decisions in Volusia County up until... You tell us how we should run our county. That's not what we want. Who are we to say that we should be telling Orman how to run their business? JEFFREY S BROWER: We are not. DON DEMPSEY: It's better off left to the locals. If they want to do a moratorium, I'm all for it. I'm afraid of the safety. When this crowd came and showed the videos before, I recognize those tanks because I've flown over them over 100 times. That is the Tampa petroleum facility, which my understanding is way larger than what's being proposed in Ormand, I've flown over 100 times in the last 20+ years into Davis Island. Those tanks are 1300 feet from Davis Island. If you think those properties are cheap, go and try to buy some. There's parks, sailboats, those tankers are of thousand feet just across the channel from the airport. Right in runway forward departuring. The difference is, I'm saying it happens all the time, their population, Davis Island is multimillion dollar. That's where all the sports stars are. It's alright in the same environment. The difference that I keep hounding on is that their flight activity is 147 flights a day, whereas Ormond is more than twice that at 340 a day and it's all student pilots. I would purport that most of the people right next to the fuel farm are experienced pilots, not student pilots who have language barriers. I do think it's dangerous, personally, but a moratorium, we can just not blanket say no more I-2. How are we going to be able to examine this? If they can convince staff and everything it safe, then it is. I'm not necessarily convinced as a pilot that it's a safe environment. Let's get it out there and study it. Let's review it for what it is and not just the spear, this sky is falling type of fear. That it will be mass destruction. A thousand feet from this neighborhood in Davis Island, 1300 feet. II think we have received maps and it's been pointed out before in previous meetings, these fuel farms are all over the country. It's a necessity of life to have these fuel storage places and if it's not going to be there, it has to be somewhere. Again, my concern is the safety. If you look at the News Journal back in 2018 that put out an article, a very good article, let me share with you. Volusia Flagler amongst the busiest flight training areas in the United States. This area is among the busiest civilian flight training centers in the country, thanks to temperate weather. They account for 60 to 80% of the local airport traffic, with more than a dozen local flight schools, it is the larger... My point being, it's a dangerous environment and we need to look into it but at the proper form. JEFFREY S BROWER: Councilman Santiago DAVID SANTIAGO: I will be brief because we've heard most of this already. I just wanted to thank you for pointing out and I think it's important. I'm not advocating for any particular project. And I know that may sound funny Mr Chairman but what I am advocating for is the rule of law, applicable to everyone - that's all it is for me. I wouldn't want to in my backyard but the rule of law is important. I'm not campaigning on this issue, for or against. I will let you determine on that. I didn't accuse you, Mr Chairman. I said what I am doing. OK. Things you have to look into though. As I said earlier, the best tool that the county has is the site plan process. And then going back to the Ormond thing, which I glad you brought up because I have forgotten about it, it's also another tool out there that your city leaders can so choose. It doesn't mean we have to say yes over here. We can still say no or yes to whatever we want. The residence of Ormond should know that that is still a tool available to your city leaders, if they so want to choose to exercise that. It's a hot potato and that's why they don't want to accept it but they have the right to accept it and implement what they think is best for their citizens and city limits. Thank you, Mr Chair. JEFFREY S BROWER: Vice chair can. TROY KENT: I'm hopeful that my comments will sway a few of my fellow councilmembers to vote yes for the temporary moratorium for the I-2 zoning district. So Mr Dempsey, you brought it up again, so I want to appeal to you on this. And also Mr Santiago because he mentioned it as well. And that is this whole point about, well listen, Ormond Beach can handle this. So we have the cities as we all know and we have unincorporated Volusia County. Our decisions are for unincorporated Volusia County. This property is unincorporated Volusia County. All parties would have to agree for the annexation to happen. I mean, here we are saying to the city, "Hey, you will go ahead and take all of this on." But it's not the City of Ormond Beach municipality - it's unincorporated and that's why I say it's ours. This is why I don't want to push it off on them. I don't want to push it off on New Smyrna, Daytona, Deltona and Deland. I don't want to push it off on anybody because it's ours. If it was the City of New Smyrna Beach that was wanting to push it off on us... You will need to make that decision but I'm hoping that helps you. The other thing is this idea that fuel farms are all over the place and there's homes all around them. I can't remember who it was, I think it was a member of staff that mentioned that to me, and we looked at some fuel farms on the West Coast of Florida. And I said to look at the area and there's homes right next to it. Here's the most important question: who was there first? Were the homes there first or was the fuel farm there first? They looked into those that they were showing me and got back with me and said that the fuel farm was their first and then those neighborhoods moved in next to it. If that was the case, you knew what you were getting when you bought your home but this is the opposite. The homes, the community, the sports complex, the airport, all of that was there first. And this will give us an opportunity to look at I-2 countywide and let our staff look at it and come back to us, and we can make a more, in my opinion, informed decision. I'm hopeful those comments help you little bit, maybe they did or didn't, but thank you Chairman. JEFFREY S BROWER: There might be another area where it should be. I can tell you, I have talked to the mayor of Oak Hill and he said, "Don't you dare send that to me." So whoever said Oak Hill is for it, they didn't talk to the right person. The other thing, I think Jake brought up that other companies have come and said they want to put in an application and now they can't. One of the good things that a moratorium does is tell companies not to waste their money. Wait until we go through this process and see if you will be able to do it. If we allow a company now to take the moratorium away, that means tomorrow the chlorine company that wants to do business here gets to put in their application. And then they start spending money. And then if the Council at some later date decides that this really isn't a good idea to have industrial in a residential neighborhood, they just wasted their money, and then they have a Burt Jay Harris case against us. This is the best way to do it for the residents and the businesses considering coming here. Let's not start telling companies to go through all the money to make plans and get engineering drawings and everything they have to do and then the Council has to... It will make it harder for the Council. I can hear them saying we cannot do it because people have spent money. Let's do the moratorium. Do this cautiously one step at a time. I think this is what this does. It gives our staff the time to really look at it and tells other companies we respect your time and we respect your money. Give us time to take our time to get this right. David Santiago. DAVID SANTIAGO: I moved to deny ordinance 2023-47. SPEAKER: We already have a motion on the table. SPEAKER: To clarify, that was to approve, correct? DAVID SANTIAGO: Ok. We can deal with it that way. I withdraw the motion. JEFFREY BROWER: Ok, thank you. The vote is to approve the moratorium that the PLD RC has asked us to approve. (Roll Call) JEFFREY BROWER: The vote fails 5-2. The moratorium is not passed. For the public that has asked, many have asked for what is the next step after this, now it will go into regular process. Clay, can you come up? These people have spent a whole day. Donna is right. There is fear in this room. What is the result of this? You will have to process the application... CLAY ERVIN: For those interested, it is tied to the site plan review process to identify development regulations. They have not successfully gone through the conceptual site plan process. They would need to go through the the conceptual site plan first, then go through the site plan process where it is reviewed by a technical review staff upon final comment from the technical review staff, it is sent to the development review committee. They will take action on it. The DRC, as we call it, has a right to approve with conditions or denied, the applicant has within 30 days of the rendition of the development review committee's decision to appeal to the County Council. Those parties who have standing can also appeal the DRC's findings. JEFFREY BROWER: Thank you for making that clear. Jake Johansson, did you have a final comment? JAKE JOHANSSON: I have a parting comment for the representatives that might be here from Belvidere. As far as I'm concerned, it would benefit your organization greatly if you communicated with staff, communicated with the elected officials, communicated with the city of Ormond Beach and communicated with the neighbors in the Bear Creek area and get them to understand what you are doing through your site plan process. I found in my couple years of sitting in County business that that is the best way forward. I feel that possibly you have probably started off on the wrong foot and you might want to hop on the right foot for a few months. Thank you, Mr. Chairman. JEFFREY BROWER: With that, we will break for lunch and return at 2 PM. (Break until 2 PM) JAKE JOHANSSON: Mr. Chairman, it is 2:02 PM. JEFFREY S BROWER: OK, everybody is here. We will continue the meeting with item 5, a special exception for a mini warehouse at 2995 S. Woodland Blvd., Deland. CLAY ERVIN: Before you is an item that was continued from the December 5, 2023 agenda. At that meeting the Council identified some concerns specifically with the means of ingress and egress of the center property. It is at the end of the offramp of 472. There was discussion by the Council of seeking a right turn lane, or a use of signage, use of lighting, other means to allow for the public to be aware that there were going to be right turns ahead of them and making sure that access to the site was sufficient. The use itself is allowed by special inception and this gives you an idea of the area of the location and general location map. Here shows the zoning and land use for the properties, as you can see is commercial land use with B4 zoning, generalized retail use and allows retail, commercial, restaurants and pyrite, the warehouse is a use that requires the special exception. I bring that up for one very specific purpose, as you can see on the site plan, we have self storage that is all internal to the site with the exception of no trailers or large vehicles being able to be stored on here. Parking meets them minimize requirement. This is a special exception process, and I want others to be aware that more intense uses such as restaurant and retail and commercial can apply and be approved because it is by right. This is a situation where we are seeing a use that is identified as a very low traffic generator, included in your agenda is some information we received from the applicant talking about this very issue. This is an image that was also taken from one of the emails we received from the applicant. The line in red reflects a turn lane that would need DOT standards. DOT standards and engineered indicated it would not be something of that because they believe it gives the traveling public a false perception that would continue all the way through, and would result in potential accidents. They come instead a for the design that shows the blue line, that is a 100 foot taper, that feeds into the proposed driveway. The driveway itself is at the very northern end of the property, so therefore, it is trying to get it out of the curvature of the offramp as possible. This went to your planning and land developer and regulation commission with recommendation of approval with concern about the access, identified by staff and that was approved by your planning and land development regulation commission. Right now, we are here for you to make a determination. This is a special exception so at this point it would be up to you to utilize the criteria that is identified in the staff report to make a determination if you believe it complies with the criteria, that you would approve it. If you believe it does not, you have the option of denying the opportunity to be able to tie it to the criteria. If there is any question for our staff, we are available. I know the applicant is available to answer questions, as well. JEFFREY S BROWER: This is also a quasijudicial hearing, does anyone on the Council have any expertise need to declare? Seeing none... David Santiago. DAVID SANTIAGO: Thank you. Clay, it is safe to say, correct me if I'm wrong, because it the fact that it is a special exception, we are benefiting from that and getting some enhancements in negotiating some things that we probably would not normally get for a straight up permitted use to going there. Is that fair? CLAY ERVIN: You can put specific conditions as has been identified in the staff report, as coming forward to you from the PLDRC, yes. DAVID SANTIAGO: Gotcha. They have agreed to those? CLAY ERVIN: Yes. DAVID SANTIAGO: To clarify, if we did not do this, the permitted uses, we probably would not necessarily be in a very good position to demand things like we have been or negotiate, as you would say? CLAY ERVIN: I cannot speak to what future conditions will be if this is denied. I can say that the applicant, because it is a special exception, is aware of the criteria and has been working with staff. They have been in contact with the DOT to come up with the best option given the concerns voiced by the County Council. DAVID SANTIAGO: Thank you. I do not see any names up so we will go to a debate. We talked about this quite a bit last time and I share some concerns. This is probably the best use we can get a property right now. They've done their due diligence, they went to the DOT, and they look like they have some sort of a compromise to mitigate potential safety issues. I am comfortable now,, this would not be ideal for me, but given what could come and what would not get, I'm comfortable with approving this project. I make a motion to approve. JEFFREY S BROWER: A motion to approve by Councilman Santiago. MATT REINHART: Second. JEFFREY S BROWER: Second by Matt Reinhart. Probably a question for you Clay, I think that the whole council, at least the three of us that live in West Volusia County were concerned with traffic, went to the FDOT, have they begin indication to you that they are comparable with this and think that it is safe? CLAY ERVIN: Let me clarify, DOT like Volusia County, has to provide for reasonable access to property orders from their facilities. As such they have standardized requirements, that talk about what is the appropriate design. So, when the Council brought up the right turn lane, the first thing they are going to look at is, how many a.m./p.m., peak hour right turns are going to be going into the facility? That will dictate whether or not a right turn lane is warranted, and if there is an overall safe condition. What we saw in the email coming from the DOT was that one, you do not have the amount of right turns into the facility to warrant the right turn. Second, the condition is such that if they saw the right turn lane they would think it's a safe way to continue on northbound on US 17 and will create a greater conflict or friction point. What we are hearing from the DOT is operational engineers is that for this property to get access off of their facility, this is the design that will provide for the best safety based on their criteria. JEFFREY S BROWER: OK. Don Dempsey asked about signage last time. Are they including any signage? CLAY ERVIN: No, sir, right now I will have the applicant speak to what they can cannot do but this is what we have received in regards to the correspondence with DOT. JEFFREY S BROWER: OK, thank you. SPEAKER: Good afternoon, Selby weeks with weeks engineering. We are talking about a monument sign right? The conversations we have had, I brought my traffic engineer with a few questions for them, but in our conversations with the DOT, right now, the request is just for the taper. We suggested the right turn lane and actually the DOT said there is a potential weave with people using the turn lane and going out to traffic, so the taper is preferred solution here. JEFFREY S BROWER: Thank you. Anybody else on the Council? You are satisfied? OK. Alright. It looks like you are done. Except for the vote. We have a motion to approve and a second, if there is no other discussion, all in favor say aye. Any opposed? Approved, 7 to 0. Item 6, ordinance 2023 – 45, administrative large-scale comprehensive plan amendment for 856 acres. Clay Ervin. CLAY ERVIN: Yes, sir. In order to expedite the meeting I would like to be able to talk about six or seven concurrently because they are about the same property. This is land that was identified as basically one of our top priorities through the Volusia Forever program. We were successful in negotiating with the property owners to acquire it. This is following the standard practice that we have implemented since the initiation of Volusia Forever, which is taking the property, making sure that it is put in a land use and zoning that is consistent with conservation. That is our conservation land use and zoning categories. This first one is comity with a recommendation to approval for both staff in the planning and land development regulation commission. If this is approved, the next item would be changing the zoning to a conservation zoning. Again, it is pretty straight forward. This property has been acquired in conjunction with the St. Johns River water management District. The water management District requires the development of a management plan which talks about how we are going to be utilizing the property. Water management District, again, focuses on primarily conservation and passive use of the property. Still allows for interpretive trails and other types of things along those lines. We feel that this is consistent with what we have done in the past, meets the water manager goals and the goals of Volusia Forever. If there are questions, happy to answer. DAVID SANTIAGO: Moved to approved 2023 – 45. JEFFREY S BROWER: Moved to approved by David Santiago, with the second by Don Dempsey, who almost lost his voice. Questions for staff? David? No debate? All in favor of the ordinance, say aye, any opposed? That motion carried 7 to 0, so this makes item 7 easy. JAKE JOHANSSON: Motion to approve. JEFFREY S BROWER: Motion to approve by Jake Johansson and second by Matt Reinhart. All in favor say aye, any opposed? That passes also 7 to 0. SPEAKER: Can you clarify that the second was Mr. Reinhart? JEFFREY BROWER: Yes. Matt Reinhart. Item 8 is ordinance 2023 – 37, large-scale compounds of plan amendment – future land use development. Clay Ervin. SPEAKER: This is the report version of our future land use. We take it out to 2035, clean it up the grammatical and old statements that were in place and it. It was approved by (indiscernible) we received certification and approval by both of those organizations notice back here for your final adoption. JEFFREY BROWER: Councilman Santiago. DAVID SANTIAGO: Moved to approve. JAKE JOHANSSON: Second. JEFFREY BROWER: Motion to approve by David Santiago, seconded by Jake Johansson. Any questions for staff? Comments? All in favor say aye. Any opposed? Ordinance 2023 – 37 is passed unanimously, 7-0. Which brings us to item 9. Ordinance 2024 – 01 updates to the five-year schedule of capital improvements for concurrency. You are back. SPEAKER: Yes sir. The Florida community planning act requires that any local government as part of their concurrency management program have a five-year capital improvement schedule. This is consistent with the program you have already approved. It is basically taking it and making sure it is integrated into the system for consistency with state law. There is nothing new, it is basically a duplication of previous efforts. If there is any questions, we will be happy to answer them. JEFFREY BROWER: Councilman Santiago. DAVID SANTIAGO: Keep going. Move to approve 2024 – 01. JEFFREY BROWER: Motion to approve by David Santiago. Seconded by Matt Reinhart. Questions for staff. Just for anybody that still may be listening, we are not just ignoring this. I cannot speak for every councilmember, but I could just about bet that every council member has gone through this and they know what they are voting on. There is no sense to rehash it here. All in favor of the motion to approve say aye. Motion carried 7-0. And you are done for the day. SPEAKER: No, sir. JEFFREY BROWER: Oh. Item 10. Awards of agreements to seven firms for employee leasing and tempering services for countywide services. Donna page Pender. SPEAKER: Good afternoon. I am here today requesting approval of time-released employee contracts. These are contracts with seven time-released employee (indiscernible) on an as needed basis. Our contractor also used, for example, to get precinct workers during the election process. They are also used to help with cleanup efforts during hurricanes. Our departments and divisions use them to sometimes augment staff when they have special projects, short-term things that they have to get done. So with that, we are here if you have any questions. JEFFREY BROWER: Thank you. Matt Reinhart. MATT REINHART: There are often times we can take these individuals and if we have an opening on a more permanent basis, we can maybe hire them? Ok. So then they would maybe take first bite of the apple so to speak. Ok, thank you. JEFFREY BROWER: David Santiago. DAVID SANTIAGO: I thought he was going to ask if we could use them in the jail, but he didn't do that. (Laughter) DAVID SANTIAGO: To approve item number 10, Mr Chair. JEFFREY BROWER: Motion to approve by David Santiago, second by Jake Johansson. Just for the record, these companies have to follow the same state laws that we do as far as how much a person is paid? SPEAKER: Yes. JEFFREY BROWER: The other side is that however we are not investing in retirement. If we do not hire them permanently, the company that you are asking us to do business with takes care of that? SPEAKER: Correct. JEFFREY BROWER: In my opinion, it is a good economic deal for the people of Volusia County. Good job on this. Jake Johansson? JAKE JOHANSSON: Quick comment, probably. Down the same lines as everybody else, but I very much like the flexibility we have in hiring contractors and consultants for things of... Like, if we have a shortage of employees, we can go. Once we don't, we can retract that. As Dana said, certain times a year, most of our goals are, I think, are to limit the size of government. This is a great opportunity to ebb and flow with what we need and still remain nimble and be able to get it out when we need to and, like during the 2008 timeframe when we really need to get down to business. I think this is great. We ought to do it as often as we can. And keep more people of the permanent rolls so when they become not needed, we don't feel obligated to keep them because we care about our people. JEFFREY BROWER: I don't see anyone else wanting to ask questions so I will call for a vote to award these agreements at your discretion. All in favor say aye. Any post? That motion carried 7-0. 6-0 with Don out of the room. Item 11, approval of agreements for janitorial services for countywide facilities. American janitorial Inc. And Library services, Owens, (unknown name) and (unknown name) company Incorporated. SPEAKER: Good afternoon, business services director with director facilities. We did of solicitation for janitorial services. We received 21 responses. 13 that were responsive. A committee analyzed the new scope that we put out that added some security. It added some space. It added technology and some quality assurance. We are recommending awards to American janitorial for countywide. We are doing a multiple award with Owens for the libraries. JEFFREY BROWER: David Santiago. DAVID SANTIAGO: Moved to approve. JAKE JOHANSSON: Second. JEFFREY BROWER: The motion to approve is by David Santiago and the second to approve is County Councilman Jake Johansson. Any questions? American janitorial is our current? SPEAKER: They are the incumbent. JEFFREY BROWER: They do good work. I see them sometimes late at night. Friendly people. Always wishing they weren't in your way. They aren't. I am glad to see that they made it through. Troy Kent? TROY KENT: Thank you, Chairman. I'm going to vote and approve this. I asked staff what the cost was a year ago. It is justified because the scope of work that is happening and the extra layer of security that is needed. I think that the results have been positive. JEFFREY BROWER: Anyone else? All in favor of these agreements say aye? Any opposed? Motion carries, 7-0. Thank you. KARISSA GREEN: I would like to confirm that there was no ex parte for item 5 which was the mini warehouse or item 7. JEFFREY BROWER: Item 12, award of agreement for CDBG-DR and limitation of construction services with Lemoine disaster. SPEAKER: I am excited to bring you a couple more gender items for our transform 386 program. Very short and sweet power points, but I want to go through them so the public is also aware of these two contracts. This is a sizable contract for a total of hundred 41 million. I want to explain that it actually has two parts. The first is the construction implementation, and that is approximately $7.5 million. It is for the hiring and management of all the contractors that will implement the construction rehab and reconstruction of the single-family housing program. This is for six years. If we finish this in a shorter amount of time, this dollar amount will be less. This is paying them to go through the process of hiring, managing most the contractors, making sure housing standards are met, we are following guidelines in terms of the construction. The actual terms of construction by the contractors whether it is subcontractors or general contractors themselves, those funds are the 133 824 million. They have a requirement of a minimum of 25% of local contractors to be hired with a goal of 75%, including contractors, subcontractors and labor. All of those are passed through to those folks doing the construction work. Those dollar amounts are not to exceed amounts. If we don't exceed this, we will do an amendment and move that money into infrastructure as requested. A little bit about Lemoine, they have been in the business for quite some time and have had successfully completed over $50 billion in FEMA work and have led disaster, recovery services. Currently they have already had 23 local contractors that have indicated a willingness to work. Obviously, they are not signing on the dotted line until there is a potential approval here. When that is done, they will probably get folks to sign on the dotted line. Those are 23 and they are listed coming up here. Here are the 23 that have expressed interest. There are local folks in Volusia County. To ensure contractors are meeting the work requirements, we have fines as part of the contract. $100 per day for renovation projects over 75 days, $140 per day for reconstruction projects over 120 days. And $100 per day for (indiscernible). And here is our caps in place for the reconstruction and replacement. That is $275,000 is the maximum cap for a new construction if we have to replace a home for someone. That does not include ADA improvements. Mr. Reinhart, if we were equally qualified in the same guidelines in terms of our income on the house, if I was wheelchair-bound or otherwise disabled, I would not be penalized and get a smaller house within that cap. It is 275+ whatever ADA requirements the lot requires to get that person in their home. That will be important when we raise folks homes. Whether it is a rehab or reconstruction or even fixing someone's home by lifting it, we have to provide ADA access to that home. I am available for any questions. DAVID SANTIAGO: One thing that you mentioned that sparked an interest if you could elaborate, in one of your slides you talked about the 7.5 million part of the contract and you talked about 133 million. I thought you mentioned that Lemoine can do part of that work also. Can you elaborate on that? SPEAKER: They can act as a general contractor. If we have a rehab project that needs just plumbing and a roof, we don't have to hire a general contractor. They can go directly to local subcontractors and ask to replace a roof or fix plumbing or whatever the problem is. DAVID SANTIAGO: They act as the GC for specific trades? What assurances do we have to ensure that they are acting in our best interest as far as pricing for that? DONA BUTLER: Very good question. They don't do any of the pricing. We'll handle that ourselves. In our last meeting, the approved contracts with two different vendors that do damage assessments. At our direction, they will go out to homes that are income qualified. If you are a survivor of the storm, I will send them out to your home and they use (unknown term), a nationally known standard of determining the damage to a home and determining the cost for that home. Everyone has to use the same system and it will be automatically uploaded. The contractors do not get to set what is done. If they have a concern and say, "What you have put here is not accurate." We have a special case panel, the damage assessment vendor comes and assesses and we work out what we think it is before we go forward with construction. DAVID SANTIAGO: I am glad to clarify that. My final question would be, in that case, when the mine is acting as the GC, he gets a cost-plus. How does he get paid for that service? SPEAKER: Whatever exactimate says the cost is, that is the cost. As part of their contract, it was 50% overhead and 15% profit. So that was part of the built into the process just for rehab, not for reconstruction. DAVID SANTIAGO: Cost +30, that is pretty high. DONA BUTLER: It is, that is state standard. DAVID SANTIAGO: I think it is 20 or 25. DONA BUTLER: I don't know. DAVID SANTIAGO: Just a kind of narrow it down a little bit. DONA BUTLER: I will tell you, all of the vendors that submitted, we had seven responses. And all of them had something in that very close range, and I believe one was 27%. That was the only one that differed from the 30% photo DAVID SANTIAGO: That is only for the rehab side? What is a potential on the dollar amount we can spend on rehab? DONA BUTLER: There is a cap. On the rehab side, it's a $100,000 cap. On the reconstruction its a cap of 275. DAVID SANTIAGO: Is at the same, the 133? DONA BUTLER: What you mean 133? DAVID SANTIAGO: One 33 million, the total amount. DONA BUTLER: The one 33 million, the themax that can be spent is 275 not including ADA. DAVID SANTIAGO: That's not the new construction? Maybe I can clarify my question. Of the 133 million, does the award winner have the potential to access 30% of those costs is part of the cost plus? You will be under 133, I get it. DONA BUTLER: One 33 million is for rehab and reconstruction. Pretend there is 50% rehab, and 50% construction. None of those individual homes can cause more than $275,000, exclusive of ADA. DAVID SANTIAGO: The 33 is for the rehab side? DONA BUTLER: Hopefully will be lower than that, 220 for 31, 21. DAVID SANTIAGO: I am looking at the total number, 155 million, 30% of 65 million? DONA BUTLER: I'm sorry, I don't understand the question. I apologize will drop DAVID SANTIAGO: Maybe I'm not asking it right. You get rain going, Jake? JAKE JOHANSSON: How much can they get if the buster but with all rehabs? The answer is whatever presented you spent on rehabs, if they GC everything, they can get 30% of that amount which is what? DAVID SANTIAGO: 20 million. DONA BUTLER: They could. That is not generally the – I have never heard of the model presented that way. I'm sorry. I DAVID SANTIAGO: By the way, I'm not trying to throw a wrinkle in you plan. DONA BUTLER: I'm trying to be as responsive as I can to that question. The model that was put out in the RFP is they are to hire general contractors as much as possible to do rehab. That doesn't mean they cannot also serve as a general contractor, but they will be trying to do that. But, it is exactimate +30%, but they're still going to be able to have to pay any subcontractors, the exactimate rate for doing the work. DAVID SANTIAGO: That sparked more question. Sorry, guys. If they hire a subcontractor for plumbing, $100,000 for the plumbing fixture whatever it is, they would administer that with the sub and get also 30% including with the exactimate, or the negotiated number for the sub? DONA BUTLER: Hang on one second. This is Ben (unknown name), let's see if he can answer better. SPEAKER: The 30% is a markup of the work, as a percentage of the dollar it is lower than 30% from the beginning. We have a $90,000 scope of work, +30%, 127, not under the 100 K, but as a percentage of the dollars, the 27,000. DEVEN McGRAW: Cost +30? SPEAKER: The part being missed is that while it may seem natural that we would try to get it below that, there will be subcontractors on the line that would cost more than 100% of exactimate, the cost is the cost. DAVID SANTIAGO: Sure. SPEAKER: As the cost to keep it low, motivated to get the job done to the timeline, the struggle with the majority of the projects is usually those aggressive days, $100,000 and 65 days, that is tough to do versus $1000 in 65 days. So there will be more equal time where we pay more than exactimate, and in eating what looks like feet but it is overhead. DAVID SANTIAGO: I understand the exactimate process, it sometimes becomes a negotiating thing based on market conditions at the time. I will come out now where I am probably concerned. I am concerned – 30% is a big number. I don't know if I have been convinced that that is a good number, and for highest use for the cost to do it. Private sector. They are in the 7 million in the contract they are guaranteed the 30 million – 30%? DONA BUTLER: They are not guaranteed to 30% unless they are functioning as a GC. The county has the right, as the manager of the contract, to determine whether Lemoine is meant to be a GC or someone else is going to be a GC. DAVID SANTIAGO: So if we hired a GC separately... DONA BUTLER: We are not hiring a GC separately. DAVID SANTIAGO: If they hire a GC separately they don't get paid? On the deal. DONA BUTLER: What deal? DAVID SANTIAGO: The higher Jake's contacting they hire him, he rehabs the house. DONA BUTLER: He gets the cost in the 30%, they don't get any percent of that. If they have hired him to do that. DAVID SANTIAGO: Whatever his cost is we pay him. (Multiple speakers) DAVID SANTIAGO: I like that, because you are going to have profit built into your scenario and to pay someone else another 30% is what I was sort of bothered by. DONA BUTLER: Correct, they are not getting a second 30%. DAVID SANTIAGO: The question now, do we have any guidance in what we want to see that makeup? I know there was some other guidance. You told me Lemoine, I want to see the majority of the GC out privately, or do at will? DONA BUTLER: So, they have to have a minimum of 25%, going back. DAVID SANTIAGO: Local. DONA BUTLER: The goal is to have 75% of local contractors in local hiring. DAVID SANTIAGO: I get that, I am talking with the GC side, specifically. DONA BUTLER: It is not necessarily GC it is also subcontractors, too. Not just general, general contractors and subcontractors, minimum of 25%. The goal is 75% local. DAVID SANTIAGO: Yes, but as the GC, going through scenarios, he is the GC if he becomes a GC can say that he will hire the 25% local guys to do the plumbing, electrical and stuff like that. DONA BUTLER: You're going to need all the GC's to get this done. DAVID SANTIAGO: Hopefully doesn't pan out that way, I'm not trying to accuse you, I don't want anybody to game the system because the majority is going to be GC by the one award here and the higher subs and they rake in the money. Major concern. DONA BUTLER: Thank you. TROY KENT: The market would dictate and control what is going on here. I can appreciate the minimum 25% of local contractors. I really like the goal of 75%. What I don't like is when we approve this, that is it. The minimum can be 25%. I wish the minimum was higher. I really like the idea of injecting that money into our local families in economies and businesses, right here. I know the goal is 75 but the minimum is 25. I'm going to vote and support this. I just have some discomfort with it because all they really have to do is meet the minimum. And then everything is satisfied. 25% is way low, thanks. DONA BUTLER: Mr Chair, if I can respond to that. Mr. Kent, I just talked to Mr. (unknown name), he is willing to raise that to 50%. TROY KENT: Is he willing to raise to 62? To amend the motion to raise to 50%, with goal of 75%. JEFFREY S BROWER: We don't have a motion on this. (Multiple speakers) JEFFREY S BROWER: Any other questions for Dona? David Santiago. DAVID SANTIAGO: I moved to approve the contract with an amendment of minimum of 50%, local contractor usage with a goal of 75% amendment. TROY KENT: Second. JEFFREY S BROWER: The motion is by David Santiago, second is by vice chair Kent. Minimum of 50% local contractors with the goal of 75%. Jake Johansson? JAKE JOHANSSON: Thank you, Chairman. Dona, can you go back to the list of the locals? DONA BUTLER: Absolutely. So, these are all of those that have expressed interest. I asked Mr. (unknown name) if the list was longer, but this is when I created the PowerPoint and got into you and that was as of last Friday. He was continuing to meet with local folks and there will be a greater meeting with local folks, and it will be much higher. JAKE JOHANSSON: Traveling around the county, I see lots of trucks with certain names, of air conditioning, electrical, big plumbing, construction companies that are always knocking on the door asking for this, asking for that, and I do not see them on this list. I strongly encourage, if you haven't knocked on VBIA door... DONA BUTLER: That is a list they are using. JAKE JOHANSSON: I will do the same but I would like to see, if we are going to get to 50%, Mr. Kent, we need to get more of our buddies on this list. They talk a lot about rising waters, float all ships. They can be part of the solution right here. For all of those folks, let's start knocking on doors and getting them involved in this, so we can get it done and get Dona's money spent doing the right thing for our hurricane that happened two years ago now. DONA BUTLER: A year and five months. JAKE JOHANSSON: Too long for some people. Thank you, that's all I had. DONA BUTLER: I'm happy to send out Lemoine contact information for those that are doing recruiting. Any of you have friends that are general contractors, business associate you can have them reach out. JAKE JOHANSSON: Thank you, for not calling them friends but they are supporters. JEFFREY S BROWER: Thank you, I don't see any other questions or comments. I will ask one last time. Is there any more debate, not seeing any, Jake Johansson? JAKE JOHANSSON: No, sir. JEFFREY S BROWER: OK. I will call for the vote. All in favor of the agreement with a minimum of 50% in a goal of 75% local contractors say aye, any opposed? Motion carries 7-0. Word of agreement for Horn LLP for CDBG-DR system of 23 – P – 186 GRD. DONA BUTLER: A lot of letters there. Our system of record is a requirement from HUD that all recipients of CDBG-DR has a system to track the records of implementation of the grant program and there's multiple segments through that. This includes for the homeowner side, application and case management, compliance, and for infrastructure, working with the cities they will apply through the system of records. It has amazing data collection system and it has the ability to have public facing dashboards. The total not to exceed a dollar amount of the contract is $2,032,280. Two parts of the contract is a one-time setup of approximately 1 million, and then after that for the next five years is $170,000 of annual maintenance. Horne is a nationally recognized firm fully engaged in disaster recovery. They have managed $108 billion in federal awards. 47 of those billions in specifically HUD CDBG-DR. They developed this technology. We are one of the first ones to asked to do it individually without them during the case management and qualification work that they normally do. We are excited about this. There are three big areas I want you to know about why this is significant. Compliance. We talked at the last meeting. It was brought up that I was concerned about duplication of benefits and we talked about staff augmentation contract and how it may be able to help us. We will need less help, if any, if we have the system because it will help us with our duplication of benefits analysis, which is one of the biggest things that HUD comes in and monitors. They want to make sure that you are only paying the lost money in for the folks that need assistance. The duplication of benefits analysis looks at what they got from private insurance. If they got an SBA line. It helps us to calculate that at multiple times during the process. This will help us with that. It automatically calculate some of those things, as long as we put the data in, it calculates those things and make them easier and prevents cases from proceeding forward until they have all the needed checkpoints in there, whether it is eligibility, DOB, environment and so forth. Reporting. I want us to be accountable. If people have questions, I want them to go to the website and see what's going on. They have a ton of dashboards. I think I read that they have over 2000 reports that we can hold. They can create custom dashboards that share where we are in infrastructure projects. A homeowner can find the status of their application. There is a whole bunch of different ways to do that, both for programmatic and individual viewing. A city can track the progress. Cost savings. You are always looking for ways to save money, so I'm excited about the ways that Canopy, their program, helps to reduce costs by minimizing human errors, organizing queues, and reduces the amount of time to deploy your program. In addition, it allows someone like me to address bottlenecks. If something is not moving, why? I can get in there and figure out what the problem is, corrected and quickly move forward. So with that, I am happy to answer any questions you might have. JEFFREY BROWER: Councilman Reinhardt. MATT REINHART: Thank you, Chair. Is that going to be something to where it is user specific? In other words, Troy can't tell what I'm doing, I cannot tell what he is doing? SPEAKER: There will be a username and password. MATT REINHART: I know that was getting in the weeds, but I wanted that for clarification. SPEAKER: We can see the status of where all our projects are. No one else can see someone else's. MATT REINHART: Thank you. JEFFREY BROWER: I think what I heard you say is that this keeps more of the money here in the market where it needs to go, we get to help more people. That is a great goal. Is Horne the only company with this software? SPEAKER: No. They are the only one that bid. They are the most experienced. The second group had only been in the business for two years, whereas Horne has been in the business... And Horne is a little different. The other group was just in the IT business. They weren't providing disaster recovery to communities. Horne does that too. The other group, while they had a good program, they were not in the business and they were not in the business as long. They have only been in the business for two years, whereas Horne has been in the business since Hurricane Katrina in 2005. JEFFREY BROWER: I know a lot of what we have to do with transform 386. It is federal money. It is from HUD. They are in the business of building houses. There are a lot of requirements that come with federal money. Is this a requirement or something that you went and found in order to make us more efficient and transparent? SPEAKER: Both. It is a requirement but I wanted us to be as efficient and effective as possible. We needed to have our own system of record. All vendors are required to have our system of record. If they have a system of record, they cannot use it unless it is on their own dime. They have to use ours. Lemoine will be using it, any contractors underneath them will use the system of record. They won't just use exactimate and uploaded, all of this tracks together. Environmental assessments are all part of the system. All of those are required by HUD. When HUD comes in to do an audit, and they will, they have promised us. We have our first meeting with HUD later this month, early March. They are coming. They will come regularly because it is big dollar amounts. So we want to be able to be as efficient as possible with these funds and be as accountable as possible and allow them to easily see all the records that they need to see in one place. JEFFREY BROWER: And everybody in the public can see it as well. SPEAKER: They cannot get into the weeds in terms of someone specific application. They cannot see private information, but they can see how the money is being spent, just not done to the homeowner name. JEFFREY BROWER: Thank you. David Santiago. DAVID SANTIAGO: Moved to approve. JEFFREY BROWER: Moved to approve, second by Matt Reinhart. Jake Johansson. JAKE JOHANSSON: A question. Donna, the canopy system, once we are all done and you go off into the sunset and go to work for Horne or whatever you are going to do after... Will we be able to access this information for years? SPEAKER: Yes. That was part of the requirements. Great question. We have to have that because HUD has years to come back and audit our files. We will be working to move them into our permanent system here with the County of Volusia. John Bailey... SPEAKER: He is running down now. SPEAKER: He can answer that. SPEAKER: He put me on remedial fish training. SPEAKER: Sorry about that. That was one of the requirements that we originally had in this to make sure that we can directly integrate with the system where we store everything already. SPEAKER: Tell me this, will this cost me $170,000 a year for the next 20 years to maintain? SPEAKER: (indiscernible) SPEAKER: The original requirement is six years. From that point, we are going to keep it local. JAKE JOHANSSON: Thank you, Chairman. SPEAKER: May I make one more comment? Big kudos. This was the top selected company to do this work, and their price was a little higher than we felt comfortable with and we asked them to go back to the drawing board and they cut $1.6 million of the original price. We feel we are getting a great deal for an exceptional project. DAVID SANTIAGO: Can they get another $1 million? SPEAKER: I don't think so. (Laughs) JEFFREY BROWER: Where is your residence? Are you local? SPEAKER: I am actually born and bred in central Florida but I live in Washington DC. I have a lot of cousins and aunts and uncles here in Volusia County specifically and my mother lives in a (unknown name). JEFFREY BROWER: Be kind to your mother. Alright, I do not see any other questions. Can we have a motion to approve? By David Santiago. A second by Matt Reinhart. All in favor say aye. Any opposed? That motion carries 7-0. Item 10, award of agreements to seven firms... I'm sorry. That sounds very familiar. Item 14, approval of CDBGR grant approval. SPEAKER: This is really housekeeping. Authorizing misdirected walls to sign the grant agreement and move forward with the program. Just want you to know that just as of today we have 229 applications that are income eligible. JEFFREY BROWER: 229. SPEAKER: We have just under 1000 applications, but 229 are income eligible and we are starting site visits in the next two weeks. JEFFREY BROWER: This includes total destruction or just repair? SPEAKER: We have some side-by-side. Can you give me two minutes? I visited some last week which was heartbreaking and heartwarming. I visited a Marine Corps veteran who served for nine years, worked for (unknown name) for 25 years and raised three children. They all have Masters degrees. All she wanted in life was to get her kids educated and own her own home. It was destroyed. It stayed flooded after everybody else. Her neighbor raised seven children in her home, her son was in the process of repairing her home and he had a heart attack and passed away on her front porch. These people pay taxes on the homes that they own in this community and you are ensuring that they can move back into those homes. So very meaningful, wonderful work and I appreciate the opportunity to make a difference for these folks. JEFFREY BROWER: Matt Reinhart. MATT REINHART: Donna, sorry, is there any way of determining off those 229 income eligible individuals where they are at? SPEAKER: I can. It will take me a minute. MATT REINHART: I was curious if we have the majority in one area or if it is even base. It is hard to say that they are even based because you have an area of Volusia County that is higher and better income so they are not necessarily qualified. SPEAKER: I am texting to see if I can get a quick response from someone. SPEAKER: that's why I'm dragging it out. SPEAKER: There are some in midtown. 16 our top tears which are the first tears we will be going to assist. MATT REINHART: Motion to approve for the grant agreement. DAVID SANTIAGO: Any applications from the Tomoka area? SPEAKER: Can you give me a city and a ZIP Code? SPEAKER: Tomoka out by the jail? SPEAKER: Thank you, Mr Chair, it's getting late. SPEAKER: You just wait until counsel comments. JEFFREY BROWER: We have a motion on the floor to approve the CDBG-DR grant agreement. By Matt Reinhart, second by Santiago. SPEAKER: Like I said the last couple times, this has come up. I want to let you will know I am voting consistent with my previous votes. I'm still against this. I think 50 million more needs to be allocated towards infrastructure. These individuals have hardships but I have talked to several property owners whose houses themselves have not flooded but the properties around them have flooded. I don't believe we are giving them the proper attention they need. All the property surrounding their houses have flooded, and I hope we are giving them the proper attention they need for this program. That is why I am in the boat. JEFFREY S BROWER: Anyone else? All in favor of approval of the grant SAI. (Multiple speakers) JEFFREY S BROWER: Any opposed? SPEAKER: I. JEFFREY S BROWER: The motion carries 5 to 2 with Don Dempsey and Danny Robbins voting against. And your work here is done. Thank you for coming in. SPEAKER: 25%? DON DEMPSEY: (Laughs) JEFFREY S BROWER: That brings up the final item of the day, direction on amendments to the zoning ordinance pertaining to uses allowed by right, conditional use and special exceptions. SPEAKER: Clay Irvin, Director of Griffin resource and management. Joining me is Garrett McFarlane (Unknown name). (indiscernible). We were given directions to make things more efficient and effective. Part of that was looking at the listed -- list of special exception uses we have in our zoning ordinance, and seeming if we could illuminate some of the public hearing process, eliminate some of the criteria and try to make it a little more streamlined so that property owners not have to go through public theories on the PLD are (indiscernible) or County Counsel for uses that would otherwise be accepted. -- Hearings. I think the dog kennel was the prime example utilized there. We went through and identified all 126 uses that are identified as a special exceptions. Realize in some situations that some zoning, it may be a special exemption stop and other zoning it may not. We had to divide 126 situations where a use was identified as special exception in one or more zoning categories. The table is included in your agenda packets, starting on page 15 – four. It is provided in alphabetical order by the type of uses. As I said, we found 126 uses. We have identified 67 that could be changed from being special exceptions and be allowed by right. This means that they would not have to go through any additional review process other than a standard site plan which would be required if it was site development. Subdivision or site or building permit if already authorized. We had identified 14 that could be identified as conditional use permits. We currently have three uses that are conditional use person -- permits. Those are outside dining with dogs, backyard chickens and mobile food vending's. Vehicles. This would expand that list by 11 more to allow those who would be specific criteria but doesn't have to do a public hearing process. It is something that stuff checks off to make sure they are in compliance with those criteria and are allowed to go forward. It may not even involved a building permit. Just making sure that operationally, they are in compliance with those criteria. Then we identified a situation that has not been here in the county for a while. For many years, the planning and land development regulation commission approved all special exceptions. Then the County Council said that they felt they needed to have that brought back to them, so there was a change in the code to bring it towards that. We are reversing that on 25 of the uses, so that you would still have to go through a public hearing process, but it would end at the planing and land development regulation commission. If they made a decision that was appealed either by the applicant or a person with standing, that appeal would go to County Counsel. And then that leaves 13 that would be coming to the County Counsel as has been currently been processed. That would again be going through staff review and consistency with the criteria. Bringing it forward to the PLDRC and forward to the County Council. What we are looking for today is direction as to whether or not staff has done what you asked. If they have, please tell us to proceed forward with the changes to the zoning ordinance. If you feel there are concerns with some of the uses that have been identified to either be more fluid and being able to be permitted, please identify it now. What we can do is whatever we hear from you, we will craft into an ordinance, take it through the planning and land development regulation commission, and it will be brought back to you. Because it is an administrative amendment to the list of amendment uses. It will have to go through two hearings here at the County Counsel before being effective. We are here available to answer questions. I am aware of some questions that were brought forward by Mr. Johansen, if you would like me to go through those now, or however what you want. JAKE JOHANSSON: Maybe later after I make a suggestion. German when he allows me. JEFFREY S BROWER: Jake Johansson. JAKE JOHANSSON: In light of what we went through this morning, not that it was bad or good, but that we went through a great process this morning. And looking at this list, some of which are more regulatory. Some of which are less regulatory. Of which some of the public was a little concerned that the current situation with I2 is not regulatory enough. I don't think this list was looked at by PL RDC. I personally would love it to workshop this in a joint workshop with the PL RDC where those guys, just like our staff, is well-versed in the zoning and the building code, and can share some insight. It seems like every once in a while, we are not doing what PL RDC recommends. And I would like to work through that and understand the whole thing and chat together, if possible. And take a good look at these and make sure we can get the 90%, 95% solution the first time, rather than stopping at the dark and having to play that morning game again because we didn't -- we thought we were doing the right thing, but were not aware of something. I would like it to be a discussion with those gals and fellows at PL RDC if we can get everybody together. JEFFREY S BROWER: Why do you put that in the form of a motion. I concur with you. SPEAKER: Can ask a question first? JAKE JOHANSSON: -- JEFFREY S BROWER: We have several people. DAVID SANTIAGO: To him. I will wait for others asking the question. I don't want to ask questions (indiscernible) your proposal. JAKE JOHANSSON: I don't want -- know if I want to make a motion until I understand. JEFFREY S BROWER: It sounded like you already understood, that's why give you the opportunity to make the motion. You don't have to. We can all discuss it, Danny Robbins. DANNY ROBINS: I will wait. JEFFREY S BROWER: Troy Kent? TROY KENT: Counsel, I told you all I just send George every Council meeting my questions. On number 15, I said please have Clay call me. I respect our charter. I will pick up the phone -- will pick up the phone and call Clay. I will direct George to call me so we can have a conversation about this. During that conversation, Jake, where you are is exactly -- almost exactly where I was coming from today, which was once you take the training wheels off, hard to put them back on. You did with this counsel asked you to do. That is not necessarily a bad thing. But it seems like a much looser maybe liberal way to let this go. And there might be some things we need to let go, but I would like a workshop. I didn't think about a workshop with the PLR DLC. But I am not adverse to that. If you do make a motion for that, I will be happy to second that and we can get that set up. I think that this is too important to not go through this with a fine tooth comb collectively. And to decide what we are willing to give up to stop or to the PL DRC. The thought I guess is to take some of this off of our plate, but some of it needs to stay on our plate. That is where I was. JEFFREY S BROWER: Thank you. Councilman Santiago? DAVID SANTIAGO: I'm in agreement with what you said, Troy. I wanted to throw the question about the PLD RC. I think they have valuable input that they could certainly share with this. I want to throw a different spin on it. Maybe we can send it to them, because I can see the logistics of the meeting of our body and their body. In 100 and something items would probably be unproductive at the end of the day. JAKE JOHANSSON: I get that. So whenever I have a question on why they voted the way they did on something, I go back and look at the video and maybe they can do the same if it comes to us before them. Truth be told, if Clay could whip this over to them and have them personally comment, can we do that legally within -- at a meeting. DAVID SANTIAGO: They can report back what their findings were. I would caveat that with the fact -- and Clay knows this and thank you for the work. JAKE JOHANSSON: It is great work. David McKay will caveat that with the message to the PL DRC. I think the board put this task out there because we wanted to make the task more burdensome -- less burdensome for the residents. This is our goal, this accomplishes the goal, does it go too far or not enough? Of us your thoughts. Maybe we have our own workshop. There is a lot of details in here. JAKE JOHANSSON: I think at a minimum, we need a workshop. DAVID SANTIAGO: I agree. JEFFREY S BROWER: I'm glad to hear going this way. Michael Dyer, let me ask you from what you just heard -- I don't know how it is going to end up if we include PLD RC. MICHAEL G DYER: We have to be in a publicly noticed meeting that they are in a advisory board it to you. If we want to (indiscernible). JEFFREY S BROWER: very good. Your staff did exactly what we asked you to do, Clay. It is good work. For me, and apparently it sounds like a building majority here, that we want to give it the attention that it needs. For some of it, we would be handing over our responsibility to somebody else. And Jake is right in light of this morning, I think we are all sensitive to that. I have questions on a number of the items. I'm really glad to hear it going this way. I think we need to give it more digestion. Councilman Robbins? DANNY ROBINS: I wanted to echo some of that and what the rest of the Council site. Thank you. You did exactly what we had asked. I am thrilled with it. I think it is going to be the most impactful changes we have seen in a long time, and take some of this red tape and lift some of this. Where I am going to be focusing on and get them on over as soon as possible, just drilling down on all agricultural stuff to loosen that up. I will get that stuff over to you, Clay. Thank you for your hard work. DON DEMPSEY: I agree with all of you guys. I want to see if it's possible to include in this workshop a review of not only the special exceptions, but the actual zonings and stuff like that. Is it possible to also review if something is approved in a three? Is it something that it can automatically go into A2 or A1? Cut down the red tape. I know we just had a PR DLC -- PLD RC family (indiscernible). I believe one of the changes is a 2 to 81. A child could have forces on the property and we voted it. I think the consensus was anytime we can expand the zoning from one per 1 acre, to one per 5 acres or one for five it to one per 10, it would expand that she they should not have to come into get approval to expand to a larger Ag use. Kind of like what Danny was saying. DANNY ROBINS: I saw a lot of A1's, a twos and a threes. I didn't see that transitional agriculture zonings like your RA's and some. We can go over that because that is what I'm concerned about. I want to see people doing exactly what you are talking about. JEFFREY S BROWER: Jake Johansson? JAKE JOHANSSON: I would like to make a motion to move item 15 to a workshop with city -- County Counsel after having listened to PLR DC for comment and discussion during one of their future meetings. Hopefully not in the far future. SPEAKER: Second. JEFFREY S BROWER: Would you be OK with that workshop starting at 3 PM at one day? JAKE JOHANSSON: Absolutely. JEFFREY S BROWER: Staff, we will give you the leniency to set the date for that. Just not too far out. So, we have a motion on the table for a workshop with the County Counsel after sending this list to the PL DRC so they can begin to digest it. Have you sent this to anyone on that? SPEAKER: No, sir. JEFFREY S BROWER: Curious? Just curious. This is not a joint workshop, just a County Counsel workshop. That motion was by Jake Johansson. Is there a second? David Santiago seconds. SPEAKER: 3 PM without ties. JEFFREY S BROWER: Suzanne. SPEAKER: We or Clay has teed up I believe for the next meeting an agenda item that is closely related to this. It was a request for a report on which of our permits are locally enabled I will use this terminology. In my opinion that would be a good list to review in a workshop rather than a night meeting if that is alright with counsel. We will hold that and do those together? JEFFREY S BROWER: I love it. Do we need an amendment to the motion? JAKE JOHANSSON: It's a workshop. Set the agenda in accordance with your wishes. JEFFREY S BROWER: It is a workshop on liberty. Don, you OK? DON DEMPSEY: Yes. I just want to make sure we are clear, can we not just talk about the special exceptions but expanding on uses that are not necessarily on the… JEFFREY S BROWER: It's a workshop, you can pretty much talk about whatever you want. Do you know any good lawyers? Sorry. It's been a day. We have a motion on the floor to workshop this, an expanding workshop on the items that affect our constituents. What they can do with their properties. Motion by Jake Johansson, seconded by David Santiago. All in favor? Any opposed? Motion carries 7-0. That brings us to public participation. We don't have any. So… We have one speaker, Jon J Nicholson. I think we changed (indiscernible) to two minutes? SPEAKER: I get 4, Jon Nicholson, Daytona Beach, I have been trying for years to get the (indiscernible) to pay attention to what Daytona Beach side looks like, trying for years to let them know it is a co-relation. If it looks like garbage it affects their vision of Daytona Beach and whether they come back or not. I've been trying… Bruno has been on 20 or 30 years, emphasizing that Daytona Beach is the economic engine of the county. It really is. When we are going through the penny and the half sales tax, talking to one of the councilmembers about the donations that the city will give, we will raise $24 million and get to spend $3 million on Daytona Beach. When you have 10 million visitors, most of which come to Daytona Beach, it is easy to say there are more people, visitors coming to Daytona Beach than Oak Hill. Or (unknown term). How do you know that? Well, (unknown term) does not have the hotel rooms, they don't have the events. We have 10 events of over 100,000 people. Fantasy Fest is a big event in Key West. Do you know how many people go to fantasy fest? It's huge. 75,000. We have 10 events larger than that. So the need in Daytona Beach is huge. We need to have those wide roads because when you have 10 million visitors they can't go on a two lane road. They need water, electric, all of this stuff. When you are comparing Deberry or Oak Hill with Daytona Beach and its needs, the needs are there not just for the people of Daytona Beach, but for all of our tourists and visitors. We don't just gain from it. Port Orange, Ormond, all admit that their revenues go up when we have an event. Deland admits that the revenues go up when we have an event. So whatever happens at Daytona Beach spills over. We had a report. 85% of employees in the city of Daytona Beach, not the city itself but the city, come from outside the city. Only 15% of our residents work in our city. So Ormond, Deltona, you all work in our city. You have to pay attention to what is going on in our city. We are in the middle of a lawsuit because we are so insular we got away with denying up to 20,000 of our residents voting. Please pay attention to what is going on in Daytona Beach. It will affect your bottom line in taxes. JEFFREY S BROWER: Thank you, Mr Nicholson. This brings us to the County manager's closing comments. SPEAKER: Mr chair, a couple of things to report. You may have seen stuff that came out of the airport. We are up to, we have surpassed the pre-pandemic passenger load. In 2023, We had almost 720,000 passengers. That was a 25% increase from the year before. Of course, we've got our new (unknown term) out there and in addition American Airlines continues with us and has added flights and as has Delta as well. So good news out there. Cyrus and his team keep pushing to add more to our airport. Also, our new Ocean Center director wanted me to report that this last weekend at the Nike Daytona Beach 100 volleyball event they had over 10,000 attendees this year. So that was very big for them. And we have upcoming arena cross, motorbike event out there. That will be immediately followed on March 16 the eight seconds to glory bull riding event. We had some life events coming and we are working diligently at concerts, and more to report on that as they continue to work. We have upgraded our memberships in venue coalitions to try to bring these concerts here. We are working hard at that. It's nice to get some other live events. That is all that I have. DAVID SANTIAGO: Do you think anyone here could last eight seconds? SPEAKER: I was going to say something about that, we might be able to do a fundraiser or something. We will see. JEFFREY S BROWER: What was the number you set on woman's volleyball? SPEAKER: 10,000. Easy. JEFFREY S BROWER: Not a surprise, that's really good news. That's a lot of motel rooms. SPEAKER: Concessions had a big day. They are our partners and over the weekend they had over $100,000 in concession sales. So again, good news coming from… Out of that area. JEFFREY S BROWER: Good. Thank you very much. Michael Dyer. SPEAKER: I will be brief. I want to publicly thank, I did it in an email but I wanted to thank the four people that appeared in court last week on extraordinarily short notice. It was just shy of a week to prepare for the injunction hearing. Two of them are here, Kevin, Paula, Sara, and Chris, they did a fantastic job defending the authority of this council. It's a pleasure to work with all of you and I appreciate your professionalism. Thank you. JEFFREY S BROWER: Thank you. That brings us to County Council closing comments. Michael, your name is still on there. SPEAKER: Chairman, thank you. I will briefly say George, good news on that at the Ocean Center. Mike good work with your team. And I will take the lead and say good night. JEFFREY S BROWER: At 3:25 PM. DAVID SANTIAGO: I'm going to play the lotto, something different just happened here. JEFFREY S BROWER: I caught him offguard. Matt Reinhart. SPEAKER: I don't know if I can do that good, 10,000 attendees we saw at Daytona, many people going into hotels, which is always good news. Great news. I am glad our corrections director is here. I have left you alone last week. I'm not doing it this week. I am pretty excited, we had a meeting with Daytona State College, who in cooperation with them we are reviewing the possibility of starting a virtual welding program. I think we have identified our veteran inmates first, if I'm not mistaken. The beauty of that program, it's brand-new, has never been used yet. I don't like they've even had the first class. We are already hitting it. The equipment is mobile. Within an hour they can set it up, they told us. We can do a lot of that out there once we identify some space, hint hint. I told you I was. And also, at the same time, we identified some other needs in the community that could be met. Of course, one of the things we want to do is slow down the recidivism rate of inmates in the revolving door and break the cycle. Don, as you can attest to, being an attorney you see it. You can't do that unless you offer them the opportunities and training and get them some sort of training in these different fields. But also, I have since talked to VBR, Volusia business resources or people associated with them about it is great to teach them the trade, it is great to teach them how to do things that you have to teach them how to operate a business if that is what they so desire. So yes they can find employment as long as those employers are willing to hire them if they want to start their own business, because many of them do because they can't get hired on because of their background, they don't know how to operate a business. I don't want to leave that part out of the equation. We are working on that as well. Some other things I started to evade to, a cosmetology program, barbering, and one of the councilmembers brought up an idea about irrigation. We have all of these developments that are going up all over the place, many of which have wells and require some sort of irrigation. That is a big business now, especially in Volusia County. Years ago, when I worked with a plumber, the plumber did it. Now there are irrigation companies that do this and this is great for them as well. Hopefully we can get that started. A quick update on our (unknown term) nourishment project. We have approximately, according to Jessica, I think there was 42 now recorded easements. Out of the 50 that were needed. That is the 770,000 approximate cubic yards of sand we have placed in the (unknown term) area that we needed the easements to accomplish that and then take the sand and truck it down to the most vulnerable areas on the shore. It looks like we are on track to publish that and I thanked staff in our coastal division appeared we should have that done by the end of the month. Really good news. That's all it got. Thank you. DANNY ROBINS: Thank you chair. Not a whole lot, (indiscernible). Two events that may be because look into as well. The blue Man group is awesome with the kids. I'm just saying. I liked it too. And that the Asian lantern Festival. They do at the central Florida zoo. It is awesome and ahead. SPEAKER: You're right. See if we can get something like that. DANNY ROBINS: I think we can accommodate them too. That's it. JEFFREY S BROWER: Councilman Santiago? DAVID SANTIAGO: I wasn't thinking of an event to recommend, but I can think of when (indiscernible) was on TROY KENT: That's two. There's three. DAVID SANTIAGO: I'm not a fan of the blue Man group event by the way. Somebody hitting plastic tubes doesn't really excite me. JEFFREY S BROWER: Councilman densely--Dempsey. (Multiple speakers) DON DEMPSEY: I had nothing to say other than I will follow up with Matt in the jail and think. (Indiscernible) back in the 1900s the prison used to have mocha had a private program. Basically they rehabbed through the inmates, they rehabbed fire engines and rehabbed heavy equipment attachments. I believe it vehicles too. They did bodywork out there. In the process they were teaching them a trade. Unfortunately there was a bad event with the guard and inmate. That kinda brought an end to the whole program. But it was a wonderful program. I really think we need that back because with the recidivism rate, the problem is with these guys do long-term prison sentences as they get no training, get out and all they know is crime. I like that. I have heard people even say about the drug dealers. When you think about it, drug dealers or businessmen. They are in a high risk business. If you could take that entrepreneurial spirit from these drug dealers and get them started in legit business, land clearing, landscaping or house painting or whatever, get them working legitimately with that same entrepreneurial spirit and risk-taking, it could go a long way. I really believe there's a lot of potential sitting within that gated community out there on 92. We need to tap into it. Another thing that I would say is I see this all the time in the courts. There's a big push with judges to sent everybody off to DOC. If someone is going to get a jail sentence, they are going to go off to DOC for a year and a day or more. And let the state deal with them. If we are going to do this, we need to emphasize to these judges if you are going to give them a year or so in the jail, but the mood to County jail, not in state system. Most of the people out there are locals. When they get out, wherever they are going, they are coming back to Volusia County. This way, if we are going to do your program, we can teach these people and make sure that the people being released for offenses in Volusia County and are coming back to Volusia County, will be tradesmen. I think there's a lot of other stuff to go along with this that maybe we have not talked about. I am strongly in support of what you are proposing. I think it's wonderful. Another thing I would say is Michah, you guys with the emergency hearing came up, Mike kept me really informed as things went. I wanted to -- I am not want to throw complements too much, but I have to give it to you, because they kept me informed and told me the strategies and all this stuff. It was -- impressive to see. They were well prepared and (indiscernible). It was impressive to see how well prepared you guys did for what you did in that position. SPEAKER: Before the hearing, Kevin had black hair. (Laughter) JEFFREY S BROWER: Jake Johansson? JAKE JOHANSSON: Thank you, chairman. A couple of committees that I would like to bring our attention to. The East Central Florida regional planning Council has its diamond awards around this time. It is February 22. I and possibly Danny will be there for that. We are both on the committee. Also, David Santiago, graciously gave me career resource. Thank you very much. They are in the middle of a consolidation with Brevard County. Again, thank you. With that comes some coordination that needs to be done with Brevard County. My main concern with that is that we do not lose the current support that we give, and it looks like we are already losing a little. The fame program and some other programs are falling off the plate. Hopefully temporarily. It is something that we continue to work on. If you hear about career source taking a little hit in service, please direct your comments to I guess Suzanne who cannot take care of them at the practitioner or working level, and bring them up to the board for us to chat about. I don't know what the outcome after July 1 -- right, Suzanne? July 1. I don't know what the outcome will be as far as who from Volusia County and Flagler County will be on board, or on our consortia. But we will do everything we can to try to have the best representation for Volusia County to maintain the services that Career Source currently gives and does to support. We are talking about jail and recidivism, we have to get people working here so they are not resorting to things of that nature. For the people that are working to be able to get them to advance so they have higher paying jobs. We will continue to work on that. That's all I have. The key for today. It was a great day for us as far as collaboration and getting things done. JEFFREY S BROWER: Thank you. Just three hopefully quick items. George, I had mentioned earlier today, obviously we voted by majority not to have a moratorium. So we will be processing applications for heavy industrial as they come in. We have five, probably two that are actually workable properties for heavy industrial. In previous meetings, I have asked to be made aware of any pre-applications that come in. Can you update us on -- I know Michael and (indiscernible) was working on that. Can you update us when you... I would like to know in what light of what happened today, as we get other pre-applications, what they are. The whole counsel has been accused of dropping the ball, not knowing what has been going on. This is a way that we can know what has been going on. SPEAKER: Suzanne during the break there, we talked with Clay to get... We have been collecting the data. I think it was put together. I just don't know if it got to all of you. But Suzanne... SPEAKER: It is easy to run. It is being run weekly by the growth management team. It has gotten I think clogged up in the email pile. We can set them -- sent them out to all seven of you weekly and you can take up a ruse at all of the summary of them that has come through. If you have any questions, you can forward them through George and I and I will get you information. JEFFREY S BROWER: Good. I will say maybe every Council member could let you know if they want to have that report or not. SPEAKER: We will start sending out all seven and you can opt out at any time. Just let us know if you don't care for them in the future. SPEAKER: Who will that originate from? SPEAKER: Michael, it will come under Michael Ryan's email. SPEAKER: Michael Ryan's email. SPEAKER: Is that alright? Would you rather come from me? SPEAKER: I think we still have to discuss it. SPEAKER: I don't know. JEFFREY S BROWER: This is a voting item? This is something that I felt the Council agreed on a couple months ago. But OK. I am not done yet, but I see there's two people that want to ask the questions. Councilman Robbins? DANNY ROBINS: Thank you, chair. County Manager, what is the current policy -- what I want to do -- a possible voting item, or maybe if we agenda did it? I don't know if it is work that. This is day-to-day operational stuff. Some of the stuff we discussed from the beginning. Are we going to have to change a charter issuing that? Or a policy change? SPEAKER: It would be right now. It is what happens with it after that I guess. To just merely ask for a report or information they can run off our system, that's not -- it will not be any interference. I think they are already tracking who is coming in. I think it got kind of clogged up is my understanding. As far as of running and getting it out, that's fine. I don't know what it will mean to a lot of folks, because the concern seems to be around the industrial. And what we get most of the time, there's nothing to do with that. It's a lot more probably housing development and other things. DANNY ROBINS: This is your will house. This is why we pay y'all and stuff. We are on the policy end. I don't want to get in the business of micromanaging day-to-day operations. GEORGE RECKTENWALD: I definitely appreciate that. But I'm just pointing out we have been asked for information in the past. I think... We just recently kind of called back a lot of the information we sent out, because I think we got to a point where we were sending out so much various items that important things were starting to get lost in those massive reports that we were putting out. I do appreciate that, but if this Council wants to see what is coming in the door and taking a look at things, I understand that. Like I say, we can craft a report pretty quickly that would do that. Again, my concern would be just what is on it. A lot of it is not going to mean anything to anybody. My understanding. DANNY ROBINS: I want to make sure we are not duplicating resources or adding any more -- or stepping on toes. GEORGE RECKTENWALD: If the concern, which seems to be, if you want to hear about anything that hits industrial, that's a much more narrow category. So, if there was something you wanted to limit it to that. That doesn't happen very often, so... DANNY ROBINS: I say this in all honesty. From personal experience, being in my third year here, if there is something out of the ordinary that is going to be affecting your zone and do more, you guys tell us already. You tell me, and I'm sure you told everybody else. GEORGE RECKTENWALD: With the exception I say in this particular case is something that came in a long time before. Like I say, a lot of people come in (indiscernible) and you never see them again. They had come in, in a long time had gone passed. Suddenly there they were. There was a lot of angst I think because of that. I have gone over with Clay, and we would expect to see anything... We want to hear about anything that could cause any issue. Sometimes it is having a good situational awareness as to what would and wouldn't. So we worked on that as well. DANNY ROBINS: Before we go on, I will wait to hear from Mr. Santiago. JEFFREY S BROWER: Councilman Santiago? DAVID SANTIAGO: I have a few problems with that issue. I will go through a couple of them. First of all, wherein lies the fact that someone is entitled to some level of privacy? If I'm going to call my government and say, "Can you tell me Clay what I can do on my property that I own? What is a permitted use?" Start to inquire the uses in there. Does that trigger Clay having to report and document that such and such person called and asked if they can build a dog shed on the property? I'm going very minuscule. The fact that I'm saying if the government is tracking your inquiry. I don't mind Clay sending -- or staff putting in alert. Someone wants to put a chemical factory were considering -- get that. Let's have a conversation about that. The fact that you generate a report now creates a public record that can be assessed at any time to see everyone who is inquiring your local government for something that is a property right or something they are able to petition the government. Public notice is already a requirement when certain triggers are done. If they are going to apply for something to change, that is when the triggers happen that are by statute, and maybe ordinance, that requires some types of notification wherein now it becomes part of the public dialogue. This particular one where we are trying to say we could have solved it, you are solving one problem... I'm going to guess now in the history of this county, we have had tens of thousands of inquiries that have come through the department for this type of thing that might be flagged as an inquiry. I think it is an overreach. I don't mind any Council member imparting about something specifically the stop but to generate a report I think crosses a threshold that is a government overreach, and not necessary. We will probably never see anything like this that just happened. Let's not create burdensome and additional requirements for our staff, which we keep every meeting here, we give them new things to work on. Almost every single meeting. Let's not do something that we think would've solved something in the past. Unnecessary. I don't mind if you ask questions. Don't create a new public record for public inquiries. JAKE JOHANSSON: George, Clay, whoever, at what point do we start (indiscernible), but at the actual… GEORGE RECKTENWALD: That would basically be whenever there is an actual project. These pre-apps are fact-finding and due diligence, there are people who just know enough to make a phone call and get that information. Then there is something where someone wants a meeting and as a courtesy we have scheduled four people to make decisions. They are new to the area, they want to know what is expected. That type of thing. That is documented so therefore it is a public record when that occurs. But you have phone call inquiries and things, very minimal documentation if any to an actual meeting that is taking up staff time, but again, is something that we… We are not alone, it is done very commonly by governments to let people know here is what you can and cannot do, here are the things you can expect, that type of meeting. There is documentation of that but again, many, many, at least half, you may never see them again because maybe they find out or issues occur, they have an idea and then they are gone. But half the time I do come in. Clay, did I get that right? CLAY ERVIN: Right now, online, if you go to gross and resource management you will see an interactive map and development activity maps you can check on building code permit enforcement activity right now geographically. It is color-coded so you can click on properties and go to the connect live and get information about the project. Those are projects that made a formal application and are proceeding. The report we put together subject to your comments in November was tied towards pre-applications for public hearing items, variances, rezoning's, latency changes. We were looking at what could be done towards applications that could require DRC approval. Any nonresidential over 20,000 ft.² in any subdivision greater than five lots. We were looking at what we could do in the gray area where people come and talk to us about it but have not made a formal application yet. We heard loud And clear when the discussion came up last time that you did not want to be overrun with budget information, you wanted to get the things that were going to be realistic. So we are trying to fine tune that. The report we do have does focus in on the variances, land use changes, reasonings and that type of thing. JEFFREY S BROWER: OK. What I am asking for and what I have asked for in previous meetings, and it came back that we can do that, we are working on it, I'm a little incredulous that it has come to this. Pre-application is a public record. Is that correct, Michael Dyer? MICHAEL DYER: Yes it is. JEFFREY S BROWER: OK, all I'm asking is a pre-application, I can separate Dunkin' Donuts from a public facility and that is on me. The public sees this as our responsibility to know what is coming. It is not micromanaging, I don't want to micromanage but maybe that is part of the issue. We don't see what is happening and what is coming up. I would just like to know, County staff, if nobody else wants to, that is fine. I want to know what the pre-applications are. It is a public record. Then I can decide it is something that I need to go to George and ask about. I'm not going to go to one of his department heads and asked them, I'm not going to Clay. I would ask George, I would ask Mike Dyer and they can give me direction. I am confident… I have no issues with the communications that George and I and Mike and I have. That is all I'm asking. If nobody else wants it, that is fine with me. I don't want to force it on somebody else. I just want to know. I don't ever want to be in this position again, to have the public tell me you dropped the ball on something this important. It may never happen again, but there have already been companies that we probably don't want in that area asking for a pre-app that we were able to turn down because of the first moratorium. That's why I asked. George, how can I get that information of what pre-apps? Do I need to go to Amanda and pull the report? GEORGE RECKTENWALD: Let me give you a look at what Clay just talked about that we have already made and if that satisfies your request, SPEAKER: We get formation request from counsel numbers all the time. To a degree I think our only role is to make sure if you don't want it, you can decline it, but we want to make sure counsel is given all the information so one does not have the information over another. But in this case it is existing public staff that can run the report. JEFFREY S BROWER: Good, I think the city of Ormond Beach does as a matter of fact, they don't give a lot of detail, but they at least let the Council know. That's all I would like to know. Who is our County representative on the growth management commission? SPEAKER: There is multiple appointees. We can get that information. JEFFREY S BROWER: They rotate? They don't all have to go to every meeting? SPEAKER: They are supposed to be at every meeting. JEFFREY S BROWER: I'm not trying to get anybody in trouble. SPEAKER: The appointments are made by this counsel. And the cities do the same thing. We can share the appointees with you, unless you have it? SPEAKER: You have three individuals out of four, there is currently two vacancies, I believe, on the board. We have Richard (unknown name), Bradley (unknown name), Jonathan Green, and it looks like Jon Samuelson but I believe he resigned. JEFFREY S BROWER: At the next meeting there will be a vote as to whether to move Gray Robinson from $25,000 to (indiscernible), do they make that decision themselves or does County staff get them any direction or opinion? SPEAKER: They do not take direction from your staff. They have a budget to operate within. If they have to amend, my understanding is the discussion on the Gray Robinson contract is for next budget year, which would start October 1. But there budget would come to you. They are unique creation because the charter created them but they act independently. Sometimes the county or the city is a party appeared right now I think Ormond Beach and Daytona Beach are in litigation. Ormond Beach is challenging (unknown term) over one of their decisions. The budget will come to you during the budget process. DAVID SANTIAGO: You piqued my interest on that one. I don't know where you're going with that but I think you do. If that is the case, I'm not a fan, Isaac I've expressed that in the Council before, the entire organization, the VGMC, I think it's a waste of resources. But based on a charter or something we have it in there. That does not mean we have to find them at some high numbers either. SPEAKER: That is something we can talk to Brian (unknown name) and staff about if that's an interest of you to talk through that. We are required to fund them. They are required to exist. This counsel under the charter adopts the rules of consistency which you have done and it is in your ordinance and that is what they implement. We definitely do not represent VGMC. They are separate. We are a party sometimes before then. DAVID SANTIAGO: We are required to fund them but not at a certain dollar amount? They are broke. SPEAKER: We can talk about that. DAVID SANTIAGO: I think it's a waste… SPEAKER: I think they have a charter function that has to happen. Could you start getting into decisions about whether that is a reasonable funding request based on their duties, etc. DAVID SANTIAGO: When is the next charter review? SPEAKER: 26. DAVID SANTIAGO: It does not prohibit us from doing it earlier, right? SPEAKER: You are required to do it every 10 years, it is in the census. If you want to do something earlier you can. I can get you more information on that if you like. DAVID SANTIAGO: Thank you. SPEAKER: But it's coming up pretty soon, actually. JEFFREY S BROWER: Can the growth management commission also put out a request for other law firms to bid on the contract? SPEAKER: Yes, it is… Sorry, who they choose and the process they use is their decision. But I don't see any reason they cannot do that. JEFFREY S BROWER: OK. But that would come from them, not from… OK. Lastly, I will get with you, Mike Dyer, and the County manager, we did not pass the moratorium. So now we will be processing applications as they come forward. Not just from this company. I believe almost everyone on this counsel has voiced concern that the only area where we have I 2 zoning is now a residential and sports complex neighborhood. Might not be properly zoned for heavy industrial. We are still going to need to deal with that. And what is a proper zoning there. I will meet with you and George and discussed that and what the best way forward is on that. SPEAKER: We talked a little bit about it during the agenda item, if counsel wants to direct your staff to review a particular zoning classification or particular issue, counsel is always free to direct that. Staff can prepare an agenda item and you can have a greater discussion on that. I think it is worthy. I think... The eye to zoning issues is worthy to look at. Regardless to what we voted on today, that something considered to be look at for future considerations. JEFFREY S BROWER: Would you make that emotion? DAVID SANTIAGO: Sure. I move that we direct staff to continue looking at enhancements to the I2 zoning to come forward proposals. JEFFREY S BROWER: That's what he's talking about, putting it on the agenda. That motion is made by David Santiago. Is there a second to that? To look at I2 zoning? SPEAKER: You have a workshop coming. (Indiscernible) spot to put that in there as well. The result of that could be greater then just not zoning. JAKE JOHANSSON: I was going to expand. I think all zoning ought to be looked at on a regular basis. Because changes all the time. We ought not to be stagnant on zoning. That's a lot of work on clay... But we can start with I2. I think that's a great idea. Let's add that to the workshop and chat about it. DAVID SANTIAGO: It was about that additional language in any other use. That's where my interest is. There is nothing pending or going on. If we need to look at how do we close that whole is what I'm considering, personally. JEFFREY S BROWER: OK. SPEAKER: Sorry to interrupt. Do you want to give us that? We are happy to do that by consensus. I can see you have a consensus. Dick McDavid already made the motion. JEFFREY S BROWER: Anyone opposed to that workshop? Added to the workshop. MICHAEL G DYER: Thank you. SPEAKER: That's for clock. JEFFREY S BROWER: OK. I had one quick announcement, but Jake, your name is still up... I just wanted to remind everybody that the state of the county is on a Valentine's Day, but it won't interfere with your date tonight. It is in the afternoon. Is it filled up yet, or are there still spots available? SPEAKER: (away from mic) JEFFREY S BROWER: Wow. That is fantastic. If you did not register, there is 10 spots left, give or take. You can go to the Volusia.org, and find that it comes up on the homepage and register for that events. JAKE JOHANSSON: Chairman, I do have a word on that since you mentioned that. During Speed week, there is a Navy contingent here for a mini Navy week I guess in East Volusia County area. The admiral in charge of that Navy week is going to be at the state of the County address with five people, and he'd love to talk with as many elected officials as he can. Well, virtually all of us will be there. His staff or me or other Navy liaison people will probably be introducing you to him, take it or leave it. I don't quite know what his agenda is other than pushing military and probably coming to the Daytona 500 to tell you the truth. So we will see how it goes. He and his staff will be there, or a couple of them. I think staff are taking care of that for us, and just to let you know so you are not blindsided. JEFFREY S BROWER: Michael Ryan, there was some discussion on whether or not they would have a quartet -- whether or not they would play any music. Not the whole Navy band. Have they decided? SPEAKER: I tried to get the whole Navy band and they told me know. It will be a quartet. I was just emailed and details back and forth. We plan to have them probably at the beginning of the program, up to the point where the capture speaks. We are working out the details, but they will be on stage and we will be participating. Were very excited about that. JEFFREY S BROWER: OK, very good. With that, David your name is up? This meeting is closed at 4:04 PM. (End of meeting)