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MINUTES
VOLUSIA FOREVER ADVISORY COMMITTEE
Wednesday, January 16, 2002
3:30p.m. - 5:30p.m.
Deland regional library
130 E. Howry Ave., Deland, Fl 32720

Board Members in Attendance Also in Attendance

Reid Hughes, Chair
Dennis Bayer
Carrie Stewart
Gordon Kipp
Richard Schuler
Anne Hallum
Robert Williams
Alan Alshouse

Douglas M. Weaver
Rob Walsh
Randall Sleister
Bill Gardner
Frank B. Gummey, III
Jeanette Munson
Jim Ward
Ray Bunton
Al Everson

Dinah Pulver
Dot Moore
Elizabeth Layton
Phil Smith
Ken Leffler
Vince Leffler
Charles Leffler
Barbara Samler
Fritz Behring
Bob Nix

Meeting Called to Order

Reid Hughes, Chair, called the meeting to order at 3:35p.m.

Roll Call

Reid Hughes, Chair, instructed the Recording Secretary to record the roll of the Members in attendance, in which eight (8) Members were present.

Approval of Minutes

Reid Hughes, Chair, called for a motion to approve the December 19, 2001, Minutes. At that time staff provided amendments to the December 19, 2001, Minutes. Member Gordon Kipp made a motion to approve the minutes as amended by staff. Member Anne Hallum seconded the motion that carried by unanimous voice vote.

Staff Issues/Announcements:

Introduction of New Committee Member – Chairman Reid Hughes welcomed and presented the newly appointed Advisory Committee Member, Alan Alshouse, who replaced resigned Member Lonnie Groot.

Member Alan Alshouse informed the Committee that he is a Wildlife Biologist; currently works as a Senior Scientist for PBS&J, a Consulting, Engineering Scientific Firm in Orlando; a resident of DeLand; and a DeLand business owner (Spring Oaks Animal Hospital).

Elkcam Road Extension

Rob Walsh provided an update on the Elkcam Road Extension as requested by the Committee at the December 19, 2001, meeting. He explained that the Elkcam Road Extension, which is approximately 4.5 miles long, is on the County’ s 5-year Road Program with only engineering monies (i.e., surveying, design and permit work) being set aside for FY02/ 03, per information obtained from the County’s Engineering personnel.

Rob Walsh introduced Ray Bunton, St. Johns River Water Management District, who was present to provide information or answer any questions from the Committee.

Rayonier Timber Property Conservation Easement

Rob Walsh provided a follow-up report from the December 19, 2001, meeting, where Chairman Reid Hughes alluded to the 12,000-acre Conservation Easement acquisition by the St. Johns River Water Management District for the Rayonier Timber Property. The Rayonier Timber Property lies to the north and south of State Road 40, nestled between the Heart Island Conservation area and the Tiger Bay Forest area. He further explained that if a conservation organization would purchase the property, the District would supplement the acquisition with funds to purchase the conservation easement and Rayonier Timber would continue in silvaculture on the property.

Ray Bunton added that the property would have private ownership and it would be subject to the conservation easement that would preclude any other use except for hunting and silvaculture operations. Funding would be obtained from FDOT because of wildlife impacts due to road construction.

Robert Williams asked, if the property is managed for hunting and it is a private hunting preserve, are they required to follow the Florida Fish and Wildlife Conservation Commission’s (FFWCC) hunting regulations (i.e., hunting seasons, takes or limits on game, etc.).

Ray Bunton responded that they would be required to follow the FFWCC’s guidelines for stocking, thinning, food plots, etc. They are also required to follow the normal hunting season regulations.

Richard Schuler asked if the organization, who purchased the property, is a non-profit organization or a private company.

Ray Bunton responded that there are details of the acquisition remaining to be finalized. However, a private entity would purchase the property and the easement would be deeded to the District for its contribution creating a seamless, simultaneous closing.

Douglas Weaver explained that Volusia County was not a participant in this transaction.

Reid Hughes explained that this is a key acquisition for the District and completes a missing link at the north end of the Volusia Conservation Corridor. He further explained that the timbering, which would be permitted on this property, would be a form of restoration.

Lake George Out Parcels

Rob Walsh explained that at the December 19, 2001, meeting there was discussion about staff ’s pursuit of willing sellers in the Lake George area. Staff wanted to advise the Committee that they would gather information pertaining to out parcels in the Lake George Wildlife Management area that the County doesn’t already own and that these acquisitions could fill in some of the gaps. The Smith Property was referenced as part of the out parcels that would be reviewed, there is currently a Volusia Forever Application being considered today. Staff also wanted to advise the Committee they have started developing contacts in this area and they would be aggressively pursuing potential applicants.

Douglas Weaver explained that staff would welcome any comments from the Committee concerning staff’s active pursuit of potential applicants. He further explained that this is an initial effort by staff to fill in gaps.

Discussion ensued regarding ownership of parcels contiguous to a keystone parcel after Member Richard Schuler asked what the advantage would be in owning the keystone parcel along with contiguous parcels.

Douglas Weaver explained that by owning contiguous properties the intensive uses (i.e., development) that would be permitted based on the zoning of the property could be avoided with public ownership.

Randall Sleister added that management of the site could be complicated. He provided examples of additional management that could become necessary: 1) fencing around the property, 2) fire lines around the property to exclude that property from any type of controlled burning or timber harvesting, etc. Access to other parcels could be another issue.

Robert Williams added that the edge effect could be curtailed, which would allow better control of invasive, exotic plants into natural areas.

Member Anne Hallum asked if the Lake George parcels would take precedence over other applications.

Rob Walsh responded that Lake George parcels would not take precedence over other applications. However, staff would be seeking out potential applicants/willing sellers in this area and eventually present an application to the Committee.

Douglas Weaver emphasized that the Committee and the County Council would be establishing the priorities, not staff. He explained that staff would be seeking willing sellers in the Lake George area to put together an application for submission to the Committee. He asked the Committee for their endorsement to proceed with this staff initiated application.

Chairman Reid Hughes explained that the Committee was on record supporting the Lake George acquisitions.

Discussion ensued regarding inflation of selling prices after Member Robert Williams suggested that a potential selling price problem could occur with a willing seller knowing that the County could be interested in the acquisition of a parcel in a particular area. He asked if this potential problem would be curtailed by utilizing the appraisals as a backstop.

Douglas Weaver explained that a selling price would be based on appraisals and potential funding partners, such as the St. Johns River Water Management District, may not be willing to fund anything above the appraisals.

Discussion and Determination of Eligibility for Submitted Applications

Chairman Reid Hughes explained that the five (5) applications being presented to the Committee today are for determination of eligibility and nothing further.

Kirton Farm Property Rob Walsh provided the following information about this property: 1) it is located at the intersection of I-4 and I-95 with pastureland at the headwaters of the Tomoka River; 2) it has a 40-acre lake/barrow pit on the property; and 3) it may have some historical/cultural aspects, such as an old WWII Naval Air Station. He reviewed the Initial Ranking Report and advised the Committee that overall this property complied with the criteria established by the Committee. However, the property does rank low in Management, because controlled burning would be difficult given its close proximity to I-4 and I-95.

Randall Sleister referenced the aerial map, which depicts approximately 80% of the land as open pasture area, and explained that there could be an opportunity to utilize this area for many types of outdoor recreational uses.

Discussion ensued regarding contiguous properties after Member Dennis Bayer asked if this property was contiguous with any other public land or public ownership properties.

Randall Sleister responded that there is a hydrologic connection under SR-415 from the wetlands on the site to the Tomoka River on the opposite side of SR-415. However, there is no abutting connection. He explained that this property is surrounded by four different roadways, which would not make it contiguous with any other conservation lands. The Kirton’s would maintain the ownership of the homestead property located on the west side of SR-415, which is contiguous to the Vargal property.

Member Dennis Bayer expressed a concern regarding hazardous waste because this property was a former WWII Naval Air Station, which could pose additional costs for clean-up.

Member Alan Alshouse explained that an environmental audit should be conducted as part of the acquisition process. He then asked staff if they would be providing a Staff recommendation to the Committee along with the Initial Reports.

Randall Sleister responded that there is no staff recommendation.

Douglas Weaver explained that the Committee would be determining eligibility of projects by utilizing the staff prepared Initial Report. He further explained that once the projects where determined as eligible, an in-depth report would be conducted for the rating/ranking process.

Randall Sleister explained that staff had not visited the site and that the Initial Report had been produced based on information provided by the applicant.

Member Alan Alshouse asked if there would be a certain amount of monies set aside or designated for land management.

Rob Walsh stated that up to 10% of the total monies raised every year for the program is set aside for land management, access and improvements.

Member Gordon Kipp made a motion to accept the Kirton Property Application as an eligible project. Member Carrie Stewart seconded the motion that carried by unanimous voice vote.

2. Smith Property Rob Walsh provided the following information about this property: 1) it is located in the Lake George area and surrounded by publicly owned conservation lands; and 2) it consists of two (2) parcels, one which is lake front and the other is land locked. He reviewed the Initial Ranking Report and advised the Committee that overall this property complied with the criteria established by the Committee.

Member Carrie Stewart made a motion to accept the Smith Property Application as an eligible project. Member Gordon Kipp seconded the motion that carried by unanimous voice vote.

3. Paspalakis/Psaros Property Rob Walsh provided the following information about this property: 1) it is located on the Indian River Lagoon Blue Way, which is a conservation program along the Indian River Lagoon; 2) it is undisturbed because the owner has made no improvements of any type; and 3) it is contiguous with the Indian River Lagoon Blue Way project. He reviewed the Initial Ranking Report and advised the Committee that overall this property complied with the criteria established by the Committee.

Randall Sleister added that this property is adjacent to Federal property in this area. He informed the Committee that there is a discrepancy between the Property Appraisers data and the application regarding the acreage (15 or 36-40).

Rob Walsh explained that initially staff questioned the discrepancy and contacted the property owner, who provided a survey that indicates the acreage as 36 acres.

Member Dennis Bayer asked if this property consists of all wetlands.

Randall Sleister referenced the map of the property and stated that there is a small area of forestlands believed to be uplands near the road. However, the majority of the property appears to be wetlands.

Member Dennis Bayer asked if there was a way to provide a public access point, a canoe launch, fishing spots, etc.

Randall Sleister added that the property did not provide an area to launch canoes and park vehicles.

Rob Walsh stated that according to the owner, Dino Paspalakis, there is no access to this property.

Member Dennis Bayer made a motion to accept the Paspalakis/Psaros Property Application as an eligible project. Member Anne Hallum seconded the motion that carried by unanimous voice vote.

Stanaki Properties, Sections 1 and 2 - Rob Walsh provided the following information about these properties: 1) they are adjacent to the Spruce Creek Preserve, which would increase the acreage of the preserve; and 2) they are located adjacent to I-95 in the City of Port Orange. He explained the negative aspects of these properties as follows: 1) potential management problems such as controlled burning because it abuts I-95; and 2) there is an approved PUD, which could be a potential problem.

Randall Sleister added that there are wetlands on the property running north and south. However, the majority of the property is uplands.

Member Dennis Bayer asked if the property was readily accessible and if there is a potential for development.

Rob Walsh explained that this property had been involved in the County’s 5-year Road Plan where the County would be extending Williamson Boulevard down to the Beltway. At one time the extension would pass through this property. However, the roadway has been re-configured due to changes in the boundaries by PLDRC on January 10, 2002. With the changes, the extension would now veer farther south before it would cross I-95 and connect up with Pioneer Trail.

Douglas Weaver questioned the accuracy of the ruling/change made by the PLDRC on January 10, 2002. He requested that staff verify this ruling/change.

Member Gordon Kipp made a motion to accept the Stanaki Properties, Sections 1 and 2, Property Application as an eligible project. Member Carrie Stewart seconded the motion that carried by unanimous voice vote.

Other Business -

Menard Property – Douglas Weaver provided a copy of a "News Release" from the St. Johns River Water Management District concerning the acquisition of 1,300± acres located around Lake Ashby, which would be an addition to the Volusia Conservation Corridor. The acquisition would be going to the District’ s Governing Board on February 13, 2002, for approval. He emphasized that this is part of the Volusia Conservation Corridor, which the Committee and County Council have established as a priority. There would be an Agenda Item submitted to the County Council sometime in late February/early March for approval of the increasing the County’s contribution in this acquisition to 50% from 25% previously approved by the County Council, per Resolution 2000-75.

Ray Bunton requested that the Committee recommend to the County Council to participate with the District in a 50/50 funding contribution for the acquisition of the Menard Property. He described the parcels involved in the acquisition as follows: 876 acres fronting partly on the south side of Lake Ashby; and 508 acres south and east of Lake Ashby for a total of approximately 1,384 acres. The District has appraised the property, completed negotiations with the owner’s agents, and a preliminary agreement has been reached, which will be submitted to the District’s Governing Board on February 13, 2002, for approval. The District would like this to be presented to the Governing Board proposed as a partnership acquisition with a 50/50 contribution of funds from the District and Volusia County. All the management issues have not been finalized. However, the District may determine that the District would handle the management, but this would be open for discussion. The management agreement could be similar to the one involving Lake George. He displayed an aerial photograph, which depicts the Menard property and described the property as follows: forested wetlands, pasture area, pine plantation/flat woods type property. Historically the property has been used as open range. With 65% of the property being uplands, there are opportunities for public use and public recreation.

Chairman Reid Hughes explained that the Committee was already on the record as endorsing the Volusia Conservation Corridor. He requested and deemed it appropriate that the Committee endorse an "after the fact and official" acquisition in the Volusia Conservation Corridor. He further explained that the County Council had already committed to a 25% funding contribution. However, the district is requesting an increase in funding contributions from the County from 25% to 50% on this property, because the District wishes to streamline the process by not seeking Florida Forever funds.

Carrie Stewart asked what does the 50% translate to be in a dollar amount.

Douglas Weaver explained that the County Council would be reviewing this proposed acquisition in February or March 2002. He asked the Committee what percentage they would be willing to recommend and endorse, 25% or 50%.

Ray Bunton explained that the District’s Governing Board would be reviewing the acquisition information on February 13, 2002, and the Volusia County Council would be reviewing the proposal after that time. Once the Governing Board has made their determination, the monies for the purchase of this property would be public information. We would then be allowed to know the amounts on the appraised values, purchase price, and the request for participation. As a matter of law and business practice, the District does not discuss negotiations until the District’s Governing Board has approved the acquisition. He further explained that the selling price would be within the appraised value.

Discussion ensued regarding the wellfield after Member Richard Schuler asked if the District would be putting in a wellfield.

Ray Bunton responded that the District would not be putting in a wellfield. However, the water source could be utilized by a municipality for utilities in the future. The District is concerned with preserving the land, ensuring that the wetlands are there, available and protected for future water supply. Land could be used where the wetlands would not be impacted and the land would be used properly. One of the focus elements of this entire project is to protect the lands so that there would be a water supply for the District.

Robert Williams asked if the difference between the 25% and 50% contribution was going to make or break the deal.

Ray Bunton explained that the district does need the 50% contribution.

Robert Williams asked if there would be a possibility to recuperate costs incurred for this acquisition by the County and District through some type of lease agreement with a utility or municipality.

Ray Bunton replied that there are potentials for recuperation of costs. He explained that the District has identified an area located on the non-lakefront portion of the property that has good water supply potential for being utilized as a wellfield. He further explained that the partnership between the County and the District would resolve the issue of State lands not allowing wellfields.

Robert Williams asked if the purchase of this property as a wellfield would preclude it from passive recreation in or around the wellfield.

Ray Bunton used a property in St. Johns County as an example of how a wellfield could exist on a property without it being obtrusive.

Reid Hughes also informed the Committee that Port Orange has a wellfield that is very passive.

Discussion ensued regarding potential public access issues. Chairman Reid Hughes and Ray Bunton both agreed that public access is an issue, but they would not be recommending a property for acquisition unless there would be public access.

Member Carrie Stewart made a motion to convey to the County Council the importance of the Menard Property acquisition, that the Committee is recommending an increase in the funding contribution for the Menard Property from 25% to 50%, and for the County to enter into a partnership with the District. Member Gordon Kipp seconded the motion that carried by a voice vote of 6 to 2 with Members Richard Schuler and Dennis Bayer opposed. However, the Committee had no objection to the County purchasing the Menard Property or its importance as a part of the Volusia Conservation Corridor.

Discussion ensued regarding the issue of policies after Member Dennis Bayer questioned whether new policies were being established for the purchase of properties in the Volusia Conservation Corridor.

Douglas Weaver explained that the County Council established the acquisition priorities of properties in the Volusia Conservation Corridor prior to the creation of this Committee. He further explained that the County Council, not the Committee, would establish the amount of contribution by the County for these properties. However, the Committee could make recommendations to the County Council concerning increased funding contributions.

Chairman Reid Hughes explained that the role of the Committee is to openly discuss policies, procedures and to make recommendations to the County Council. He further explained that the Committee supports the Volusia Conservation Corridor, but deems it important to follow procedures.

Douglas Weaver continued to explain that the properties in the Volusia Conservation Corridor, which consists of 19 property owners and 36,000+ acres, would be the priority. He also explained that potential acquisitions of properties could occur any time of the year or at any time. The acquisition of these types of parcels would need to be brought before the County Council as soon as possible for action. Staff would provide the Committee with information when these late breaking acquisitions occur, just as staff did today by providing the Committee with the "News Release" from St. Johns River Water Management District.

Discussion ensued regarding the issue of fairness for acquisition of properties in the Volusia Conservation Corridor taking precedence over other applications.

Frank B. Gummey, III explained that the Committee had already taken the properties in the Volusia Conservation Corridor through the application process by determining these properties as eligible, having the values the program is seeking, and having adopted these acquisitions as a first priority.

Douglas Weaver again explained that the priorities for the acquisition of these properties were established prior to the creation of this Committee.

Elizabeth Layton, a public participant, affirmed the priority which had been set by the County Council and explained that the County Council intends for the properties in the Volusia Conservation Corridor to be processed/handled in a timely manner.

Discussion ensued regarding the issue of funding the acquisition of properties after Member Carrie Stewart asked how these acquisitions would be funded as there is no monies available at this time.

Frank B. Gummey, III explained that the Committee had not authorized the purchase of any properties at this time. The Committee also had not gone through the process of ranking/rating the properties to evaluate/establish priority acquisitions and find the matching funds.

Rob Walsh stated that the Volusia Forever Fund does have approximately $1.8 million in the bank from property owners who have paid their property taxes.

Member Schuler reminded the Committee that their job would be to rate/rank the properties determined as eligible and that staff would handle the funding portion of the acquisition process.

Discussion continued regarding the issue of funding after Member Carrie Stewart requested clarification on the process of transferring the funding and ownership at the time of closing.

County Council Member Jim Ward explained that per Resolution 2001-198 bonding could be an option based on the availability of funds and the importance of the property at that time. The decision of bonding would be determined by the County Council.

FCT Conceptual Agreement

Douglas Weaver informed the Committee that a conceptual agreement would be presented to the County Council on January 17, 2002, for approval. The conceptual agreement would be between FCT and the County for the North Peninsula Inholdings and Spruce Creek properties that were approved for FCT funding in November 2001.

Member Carrie Stewart asked what the County intended to do with the North Peninsula Inholdings.

Randall Sleister responded that the properties would be turned back to the State for management.

Public Comments –

Kenneth Leffler expressed a concern regarding the reduction of the tax base and the burden placed upon other taxpayers when the government buys private lands. He asked if the Committee or County Council had set any goals as to what percentage of the total area the County intends to acquire.

Chairman Reid Hughes explained that the need to set a percentage goals would not be necessary as the voters had approved the amount of funding for the acquisition of properties.

Dot Moore asked how applications received between today, January 16, 2002, and the application deadline of January 31, 2002, would be processed for determination of eligibility.

Rob Walsh advised Ms. Moore that any applications received by the January 31, 2002, deadline would be presented to the Committee for determination of eligibility at the February 20, 2002, meeting.

Adjournment

Meeting adjourned at 5:00p.m.

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