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BEACON PHOTO/PAT ANDREWS
Addressing the council — Attorney Mark Nation of Longwood, representing the Hart family of DeBary, talks with the DeBary City Council about chickens.
By Pat Andrews
posted Dec 21, 2012 - 10:01:30am
J.J. has his chickens, and just about everything his parents, Ashleigh and Joseph Hart, wanted.
DeBary’s new “Chicken Pilot Ordinance,” inspired by the youngster’s plight, was enacted by unanimous vote during the Dec. 5 DeBary City Council meeting.
J.J.’s family said caring for and interacting with the chickens is therapeutic for the 2-year-old, who has autism. But keeping six chickens in the yard was a violation of city codes.
The DeBary City Council proposed a temporary ordinance that will be in effect for a year, to try out the idea of allowing backyard chickens on residential properties. The trial ordinance will allow seven occupants of single-family homes in residentially zoned areas to keep three female chickens each.
“J.J. currently has six,” said attorney Mark Nation, who represents the Harts. Nation called DeBary’s three-chicken limit “arbitrary.”
Nation asked the council to increase the allowed number to 10, pointing out that a number of cities allow more hens in residential areas. Miami allows up to 15 chickens, Gulfport and Levy County allow up to 10, and some jurisdictions, including Lakeland and Dunedin, have no limits.
Council Member Dan Hunt said he had no problem increasing the number. After a lengthy discussion, he made a motion to allow six chickens. The motion died for lack of a second.
The council also declined to make the ordinance permanent. They voted to stay with a one-year pilot program, and to revisit the ordinance at the end of 2013.
The council granted Nation’s other requests, however:
• Nation asked that the ordinance be amended to allow chickens out in a fenced backyard when an owner is there to watch them. The ordinance had stated chickens had to be kept inside a coop or enclosure around the coop at all times.
• Instead of getting the OK from neighbors within 200 feet of the property before a permit to keep chickens is granted, the ordinance now requires only that the neighbors be notified. The city manager can decide if there are enough valid concerns to deny the permit.
The hearing wasn’t without rancor.
Ashleigh Hart addressed the council during public comments.
She said that when the Harts went before DeBary code enforcement this fall, they were found in violation of a “definition” only. That was a definition of what is “agricultural.”
J.J.’s chickens are for therapeutic purposes, not agricultural purposes, the Harts have maintained, saying that keeping them has made a big difference to him.
Ashleigh Hart told Council Member Nick Koval he is in violation of city ordinances because he has a fruit tree in his front yard, and that could be considered “agricultural.”
Koval said he doesn’t have a fruit tree in his yard.
Ordinances do not prohibit residents from having fruit trees in their yards.
Ashleigh Hart said, “You still don’t listen .. I hope you’ll listen tonight ... that’s my point.”
Resident Wayne Dupree reminded the council, “You were voted in by us.”
He asked City Council members to “think about it and do the right thing.”
Resident Mort Culligan said no permit should be required to keep chickens.
During his discussion with council members, Nation said that, one way or another, J.J. will keep his six chickens.
After the meeting, Nation declined to comment on what action he would take to ensure that all six chickens can stay at the Hart home. That would depend on his clients’ wishes, Nation said.
The Beacon was unable to contact him for further comment Dec. 17.
On Dec.17, City Manager Dan Parrott said Ashleigh Hart was working on the permit application. As soon as that has been received, Parrott said, the city’s code-enforcement action against the Harts will be dropped.
Reader Comments
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No. Don't YOU get it? We're not miserable. There are a LOT more of us than you think. We are sick and tired of being run by a dictatorship when this is a democracy. We're tired of our taxes being raised for a SPLASH PAD and now a FOOTBALL field when we could have had REAL investments made in the city. Look at all of the foreclosures around this town, and we're building parks. WOW, now THAT is smart! DeBary is FULL of people who care for one another and act as a TRUE community, it's a shame the council doesn't and apparently you don't either.
Get off your key boards.
Go ahead and "watch the tapes".
You push once they push twice.
Don't you get it.
Misery loves company!!
Enjoy yourself.
@ common sense
BINGO....Debary, Florida has a vicious vindictive city council...just look at the council tapes located on the DebaryPOP.com website
Watch Councilmembers Peters,Hunt, Koval and Carson ambush the Mayor at the Nov 7th 2012 council meeting, the back stabbing by Peters and Hunt speak for themselves under the section New Business City Charter review time 1:34 to 2:20
Watch how personal and vicious Councilmember Daniel Hunt is, then the hypocrite offers to put it all in the past. Debary has an ugly city council, they are selfish and arrogant...look at the tapes for yourself
Councilmember Hunt call for an investigation of the Mayor, yet fails to call for an investigation of himself and his relationship with the Debary Little League INC. Review the tapes, why did Dan Parrott and the council pay for all that sports equipment, what was Daniel's role in that indirect giveaway of taxpayer funds
What about V/M Chris Carson's special relationship with the CPPI and Gateway Arts Center...tell us Chris..tell us all about it.
How about Mr Koval's relationship with the new Code enforcement Special Master and his friendship with a nasty Debary citizen that turns in numerous violations for his neighbors on Ranch Trail road, Surrey Court and Highbanks Road. Tell us Mr Koval why you are so obsessed with code enforcement. You and your wife can be seen explaining away why you harrass businesses in the Winn Dixie Plaza, it is on the tapes clear as a bell.
Our city councilmembers claim to wish everyone a Merry Christmas as they ambush the Mayor and praise our manipulative City Manager. There is not a single christian on our city council...who was it that said "he who is without sin cast the first censure".
Debary has an expensive Christmas Tree...but few Christians..NONE on the city council
Building Parks and stadiums is NOT going to attract people into our town except for a game or two and then they will all go home. Now....had we built a race track, or casino or maybe high end stores etc. that would actually cause people to STOP and shop, then that may be an investment, but building a Splash Pad and a football field, nope, doesn't work.
I am positive, we have people on DLL that do not legally live in DeBary or even Volusia County, but they're still on the league. Yep, people move OUT of DeBary, but they stay on our leagues. Why? Because the league is great, the City.... not so great. So building a football field, SplashPad etc. we'll attract people from OUT of town, but they will not stay, because what is there to stay for? High property taxes, council members who treat their citizens like garbage, no shopping anywhere around except for a grocery store, NOTHING.
DeBaryPOP: is NOT a trashy site, it is NOT an insulting site. I thought it was very kind of DeBaryPOP to allow JJ and his family to join them in the parade. Class Act DeBaryPOP! It is a site that allows citizens to speak when the council will not. It points out the facts. If you don't like the facts, the truth, then don't read it. Go to the city council meetings and believe what you WANT to see versus what is really going on. That's half the problem anyway.
There are plenty of citizens in this town that are struggling to make ends meat and this council is acting totally careless. Instead of reaching out to THEIR citizens, the ones who pay the taxes, they are acting as a dictatorship. We might as well call DeBary a Marxist city,because that is how our council acts. Look at the codes they are re-writing, they are turning our entire city into an HOA.
In closing: Thank GOD elections are coming soon. At least we MIGHT get two of these clowns out of office.
Building Parks and stadiums is NOT going to attract people into our town except for a game or two and then they will all go home. Now....had we built a race track, or casino or maybe high end stores etc. that would actually cause people to STOP and shop, then that may be an investment, but building a Splash Pad and a football field, nope, doesn't work.
I am positive, we have people on DLL that do not legally live in DeBary or even Volusia County, but they're still on the league. Yep, people move OUT of DeBary, but they stay on our leagues. Why? Because the league is great, the City.... not so great. So building a football field, SplashPad etc. we'll attract people from OUT of town, but they will not stay, because what is there to stay for? High property taxes, council members who treat their citizens like garbage, no shopping anywhere around except for a grocery store, NOTHING.
DeBaryPOP: is NOT a trashy site, it is NOT an insulting site. I thought it was very kind of DeBaryPOP to allow JJ and his family to join them in the parade. Class Act DeBaryPOP! It is a site that allows citizens to speak when the council will not. It points out the facts. If you don't like the facts, the truth, then don't read it. Go to the city council meetings and believe what you WANT to see versus what is really going on. That's half the problem anyway.
There are plenty of citizens in this town that are struggling to make ends meat and this council is acting totally careless. Instead of reaching out to THEIR citizens, the ones who pay the taxes, they are acting as a dictatorship. We might as well call DeBary a Marxist city,because that is how our council acts. Look at the codes they are re-writing, they are turning our entire city into an HOA.
In closing: Thank GOD elections are coming soon. At least we MIGHT get two of these clowns out of office.
Who is paying for all this stupidity?
It is the hardworking citizens and businesses of Debary ...that is who.
Those same taxpayers our selfish arrogant city council raised taxes upon.
Gateway Park is owned by the State of Florida and cannot be given to a selfish parasite non profit arts business that made $246,000 dollars last year and paid NO taxes.
The Great Duhbarry Sunrail was brought to you by the federal government which will run out of money on January 1 2013 and will have to raise the debt ceiling AGAIN! This will be as our sick decadent government goes over the fiscal cliff which is another issue.
The US government is $16 Trillion in debt, the City of Dumbarry is $11 million in debt...so they both raise taxes and keep borrowing from the future. OH well....lets play football and baseball, we can act like we love our children as we spend their future by borrowing or defering paying our debts.
Public works near Barwick.
City takes over Gemini Springs.
Give Gateway park to art center.
City to run all events.
How much more do you want??
We have the train.
We have the splash pad.
We have a great little league.
Public works near Barwick.
City takes over Gemini Springs.
Give Gateway park to art center.
City to run all events.
How much more do you want??
We have the train.
We have the splash pad.
We have a great little league.
Why is the DEBARY city manager Dan Parrott putting items on the city agenda from the non profit The Volusia Titans Inc. that operates from a PO BOX in Deltona ,Fl. Check out the agenda for Dec 19th city workshop on the city website. View the city council tapes, they exist because of the SUNSHINE LAWS..ya gotta look at what this council is up to.
Does our city manager work in Deltona or work for Volusia County? Who influenced our city manager to work for people from DELTONA?
Can anyone open up a PO BOX in Deltona and get their hustle on the city agenda? Ask Dan Parrott his number is 386 668 2040 ext # 2.
It seems that Debary politicians Danny Hunt and Chris Carson are on board with this latest scheme to milk the Debary taxpayer for more money for ANOTHER non Profit , non taxpaying BUM organization that wants MONEY.
Check out The Volusia Titans website...they need money and a football field. Check their wish list...then watch the end of the Dec 19th Debary city council workshop and see if you an figure out why City Manager Dan Parrott is trying to sell this project that was born in Deltona.
If Dan Parrott endorses agenda items for people from a business Deltona Fl. perhaps he needs to apply for a job in Deltona,Florida or someplace else.
Review the city council meeting tapes, observe how our city manager sells expensive projects to the councilmembers. Is the tail wagging the dog or vica versa? WATCH the tapes as the Debary City Council wastes over $500,000 on Parks and gives City manager Dan Parrott a $8000 pay raise. WATCH as the Debary city council raise taxes with a 4 to 1 vote then Censures the Mayor that voted against the tax increase. The city tapes can be viewed from the DebaryPOP.com website right now.
@ TC
An Investment?
Lets make some more Park and Culture INVESTMENTS at millions in taxpayer money so real estate hustlers can profiteer.
What you are doing is trying to spin and justify wasteful spending into something good for a community that already has 12 parks and a Arts Center that is a front for a fundraising , political and religious clubhouse for the wealthy. All of this decadence at taxpayer expense in a nation that is BROKE.
Debary like other communties suffer from poverty, crime, joblessness and debt. You cannot begin to help any that with more Splash Pads and foolish games.
Ask NICK KOVAL to tell you about the two recent burgularies on his street, ask Dan Hunt to tell you about the armed hijacking on his street. Yet these to people are concerned with FOOTBALL and Splash Pads?
Debary is not an IMAGE for a bunch of real estate HUSTLERS like Lita Handy. People live here and are sick of the GANG of Four as they waste money on thier toys.
Ask City Manager Dan Parrott how Volusia Titans football got on the city agenda..see if he will give you an HONEST answer 386 668 2040. Who is behind Dumbarry's latest money scamming adventure as they ignore the debt.
How about it Thomas, come on out of your hole tell us all about Nick Koval and his country club friends as they disgrace the city with liberal spending and giveaways.
Nick explained it Wednesday p.m.
@ Resident
Neither children or old people need a multimillion dollar Art Center for basketweaving, crayons and paint.
Anyway old Sandra'Cashbox Culture'Wilson got another $27,000 from the county as other businesses have to take care of their own bills.
Get off COUNTY WELFARE....Sandra and her BUM wealthy friends from the country clubs.
How many years has OLD CASHBOX CULTURE WILSON been on the Volusia County Culture Council...dishing herself MONEY...ask Porkbarrel Pat Northey...these two old women love leaching money from the taxpayer for their clubhouse of old retired CULTURE BUMS.
Anyway it helps CASHBOX Wilson keep her tank filled on her JAGUAR as she stinks up the community with her begging for money from government,businesses and individuals.
The $246,000 the GCA got should keep her rotten family and country club friends fat and greedy as ever.
Dont forget Sandra'Cashbox' Wilson...the taxpayers are picking up the tab for your wealthy freinds and their expensive clubhouse
Quit hiding behind the children and elderly...you are just another socialist BUM business the taxpayers are stuck with.
Slither back up to Michigan and take your Culture bum family and friends with you.
As for comparing POP to the Enguirer...that is so insulting to the Enquirer. Be careful, the owner of the Enguirer, or more likely his wife, will probably be sending a letter demanding proof or a public apology for this kind of offensive slander. The wife will do it because the husband is a eunuch.
@ Resident
Debary did just fine before the social parasites at Gateway got millions from the taxpayers for their building and continue to beat the taxpayers thru grants and begging.
Our spoiled children and seniors never needed the Gateway Center for the ARTS in order to express their creative talents.
The GCA charges for every function or class it does and should have never gotten on dime from the taxpayers. They were a semi-respectible organization called the Debary Arts League..before they became a political parasite upon the community. They stood on their own two feet at one time and had their studio in a strip mall.
Arts and Culture organizations are not popular enough to support themselves ..that is why these BUMS have to go politicians for money.
Look at the cheezebox the Debary Cops work out of then compare it to that disgrace in Gateway Park. It is the ART of getting MONEY for a CULTURE of Wealthy political BUMS that know how to work the system.
The GCA Inc. is not that bad if you compare it to other Arts and Culture Scammers...visit the ECHO website and see how much these scammers get. Why can't the Arts and Culture community stand on its own two feet...because they have discovered how to game millions thru their PORKBARREL political friends like Pat Northey and John Mica to name a few.
Seniors and Children.....it is not about them so much as who made the money to build that building, who manuvered the park contract, who continues to exploit the taxpayers in the name of the ARTS. It is that greedy exploitive culture that the taxpayer is stuck with.
Gateway Center for the ARTS is a socialist business that got a free building, free rent and the privilage of making as much money as they can, any way they can and not paying a dime of taxes.
The spoiled seniors and children of america do not need an ARTS Center to watch the rest of the world starve to death.
@ Parade Watcher
Chris Carson's Community Partnership Program INC. was in the parade...how many thousands has this business cost the taxpayers? Their 'Harvest Festival' was a FLOP but it still cost the city.
The Gateway Center for the Arts INC was included, they made $246,000 last year and never paid any taxes on that income. They also got an annual welfare check $27,941 from the Volusia County taxpayers thru the disgraceful Volusia County Cultural Council an ARTS and Culture taxpayer giveaway scheme. Sandra 'Cashbox' Wilson is on the board at both VCCC and Gateway...ask Pat Northey. These people operate from a FREE BUILDING with FREE rent and pocket the profits..HELLO!
DebaryPOP.com cost the taxpayers nothing and is a welcome avenue of free speech and opinion.
Write in to DebaryPOP.com ...come flap your lips, it is a discusssion forum for everyone.
Debary POP is not a non profit non taxpaying parasite business like so many others that plague and beg for taxpayer money
@ Journal Reader
Is the chicken issue really settled?
Debary is becoming a oppressive ugly city thanks to the current city council.
You want to move on, to what..another tax increase. another censure, more giveaways by this council to their friends.
Lets move on to making this arrogant city council be responsible for their foolish spending.
Some say chickens would make better councilmembers than the dumb clucks we have now.
These councilmembers have no respect for the tax paying businesses or individuals of Debary...they just want to spend on THEIR personal projects.
Visit beautiful&ugly Debary a city that is all about its IMAGE, you can read the Police activity reports for the reality.
Football and Splash Parks are not an answer to debt and crime.
Who originally complained about the chickens?
It was Mr. Barry McGuire of 13 Ranch Trail Dr in Debary, Florida. Many of his neighbors hate his rotten guts because he is a buzybody that needs to go back up north.
This guy is a pest to the entire city and is a good friend of councilman NICK KOVAL.
The record of all his many complaints against his neighbors can be obtained by calling the City of Debary code enforcement department.
Perhaps one day his neigbors will have a demonstration in front of his house to let him know what a rotten person they think he is. A couple of dozen people with signs and the media cameras should make this guy wake up to his status in the community.
Call Councilmember Koval and ask Mr Koval about his friend Barry McGuire and all his complaints. Perhaps Mr & Mrs Koval and Barry McStupid may start minding their own business for a change. None of these people are code enforcement agents..they are just pests ...and a cancer on the City of Debary.
In Volusia County you can only have 4 dogs or cats or a combination of the two. You can't have Pot Belly Pigs because they are considered farm animals/livestock even though they don't bark and in most cases are cleaner than dogs & cats. You have to have acreage to have a horses. Now you can have 3 chickens per person living in the home? So if there are 7 people you can have 21 chickens? Isn't that how Frank Purdue started his business?
I understand 3 chickens for this boy because a child with Autism requires different things than other healthy children but Mr. Nation how many chickens live next to you, behind you or in front of your house? I'm going to guess none and I'll also guess you will fight tooth and nail to keep it that way. Let the boy have 3 and Mr. Nation shut up and get out of DeBary's hair.
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