- October 29, 2024
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Volusia County Council Chair Jeff Brower announced Tuesday that he will propose the council enact a temporary moratorium on all new development.
"I'm asking for us all to come together, get on the same side of the desk and do the morally responsible thing and answer the people's demands for action," said Brower during a press conference at the City Island courthouse. "It's time to put action behind words. It's time to stop the obstructionism that prevents anything from moving forward."
Brower is proposing the moratorium not only include unincorporated areas in Volusia, which are under county jurisdiction, but extend to its 16 cities. The county's charter, he said, requires the county to have minimum standards for environmental protection, and those can be applied to cities. Additionally, Brower cited a 2002 U.S. Supreme Court ruling that stated temporary development moratoria were constitutional.
A moratorium, if approved by the Volusia County Council, would last as long as it needs to, Brower said, to address and prevent flooding in communities such as Midtown Daytona Beach and portions of Edgewater and DeLand.
"People have lost their entire earthly possessions," Brower said. "Eight foot of trash in front of their homes that used to hang in their closet, that used to be their furniture, while they're cutting out the drywall in their house. It's time to take concrete action to prevent this from happening again and this is the time to do it."
Volusia residents impacted by flooding shared their stories at the press conference, saying they need help.
DeLand residents Pat and John Joslin, who own Common Ground Farms, said they have noticed "aggressively worsening flooding" occur in the last six years.
"In 2022, we flooded," John Josling said. "Five feet of water on my farm. We put $200,000 in earth work into my farm to try and fix it. What did we get this time? Only 2 feet because I filled my property up. It's not going away."
Daytona Beach resident Nichole Burgess-Mathis shared her home flooded in 2022 — waist deep in her backyard, and 18 inches inside her home. After repairing the $109,000 in damages to her home, a feat that took 11 months, her house flooded again after Hurricane Milton while she was working at her hospital job.
"We need to do something to help the people who have been here, the people who want to be here and the future of Volusia County," she said.
Can the Volusia County Council enact a countywide moratorium?
According to a 2022 memorandum from County Attorney Mike Dyer to the County Council, "a general county building moratorium within municipalities does not appear to be supported by the current charter. It would be a decision by the elected governing bodies of municipalities."
In other words, the county doesn't have zoning powers over municipalities, so in order for a countywide moratorium on new development to go into effect, all 16 cities would need to be on board.
What such a moratorium would look like is to be determined, as Brower said he wants to discuss it with the rest of the council to hear what ideas could be brought forward.
Brower said he intends to discuss the matter at the Nov. 19 County Council meeting, which will take place two weeks after the election. Brower is running to keep his position on the council against businessman and former race car driver Randy Dye, who was also present at the press conference and spoke to reporters after Brower concluded.
Brower's press conference was interrupted by Daytona Beach City Commissioner Stacy Cantu, who said Brower hasn't attended a Daytona Beach City Commission meeting in the last four years.
"If county and city wants to work together, you should be contacting the city, you should be contacting utilities to find out what's going on in our city, instead of telling me right now you do not want to talk to me," Cantu said.
She pressed Brower on whether the conference — held one week before elections — was a campaign event.
His press conference was not a campaign event, Brower said, adding that he was used to the accusation that his actions — both on and off the dais — were political in nature.
"We're politicians," he said. "A politician's job is to try and improve the lives of the people."
Once Brower concluded his remarks and wrapped up his press conference, County Councilman Danny Robins asked to speak. He, along with County Councilman Jake Johansson, were both present at the press conference, despite Brower stating he had not invite any council members; Brower said he wanted the council to hear the proposal officially on the dais, and that his press conference was aimed at garnering public support for a moratorium on new development.
Robins said flooding needs to be approached on a "methodical fashion," which he said has been done. He cited recent stormwater projects, the county purchase of close to 1,500 acres in southeast Volusia for conservation, and the partnership between the county and the St. Johns River Water Management District.
He also spoke about the county's Transform 387 project, which was composed of $328.9 million of funds to help the community after Hurricane Ian.
"That just goes to show you the relationship that some of us have with our cities and this just isn't talk," Robins said. "This is real action and it's not the 'Mad Max' armageddon that some of these things are made out to be."
When it comes to a countywide moratorium, Robins said it is not under the county's jurisdiction.
"If you want to do something within the city, that's why you have a city government," Robins said. "... We have to get through the political theater and get results — not this divisive rhetoric, point the fingers and then call for unity in the next breath and play the victim."
Dye said a moratorium is a "time-out" to put together a plan, and he questioned why a plan wasn't put in place four years ago.
"Four years of this is unacceptable," Dye said.
The county does need to change how development occurs to be more environmentally friendly, he added. But a development moratorium will only happen if all 16 cities go along with the proposal.
"They'll have to agree to it on their own," Dye said. "We're not going to be able to lead them."