MINUTES
VOLUSIA FOREVER ADVISORY COMMITTEE
Wednesday, January 17, 2007
3:30p.m. - 5:30p.m.
THOMAS C. KELLY BLDG., TRAINING ROOMS 1 & 2
123 W. INDIANA AVENUE, DELAND, FL 32720

Meeting Called to Order
Phil Maroney, Chair, called the meeting to order at 3:32p.m.

Roll Call
Phil Maroney, Chair, instructed the Recording Secretary to record the roll of the Members in attendance, in which seven (7) Members were present after Member Dennis Bayer arrived late. Member Reid Hughes was recorded as an Excused Absence.

Phil Maroney, Chair, welcomed all those in attendance (i.e., Committee Members, County staff and the Public).

Approval of Minutes
Phil Maroney, Chair, called for a motion to approve the September 20, 2006, Minutes. Member JoAnn O’Bannon made a motion to approve the September 20, 2006, Minutes, as presented. Member Kenneth Russell seconded the motion that carried by unanimous voice vote.

Discussion and Determination of Eligibility for Submitted Applications
Phil Maroney, Chair advised the Committee that representatives from the City of New Smyrna Beach were requesting that the Esther Street Property application be heard first as they had another meeting to attend. Hearing no opposition, the Committee elected to grant the City’s request to present the Esther Street Property application first.

Rob Walsh explained that the Committee would be reviewing thirteen (13) properties that have been submitted for the 2nd Cycle of 2006, and determining whether these properties are eligible for further consideration under the Volusia Forever Program. All properties that are determined eligible for the 2nd Cycle of 2006 will be ranked on April 18, 2007. He reminded the Committee that Resolution 2004-80 states that a property should meet at least four (4) of the Primary Criteria, and is required to have an affirmative vote of at least five (5) Members in order for it to be determined as eligible.

1. Esther Street Property – Rob Walsh provided the following information about this property:
   1. it is approximately 3.25 acres in size consisting of four (4) parcels;
   2. it is a stormwater project being submitted by the City of New Smyrna Beach to create a stormwater/ beach front park to control flooding on A1A;
   3. it is formerly known as Graffiti Wall;
   4. it was heavily impacted by the 2004 hurricanes;
   5. it would be a joint acquisition between the City of Smyrna Beach, Volusia Forever and the State (Florida Communities Trust);
   6. a Florida Communities Trust (FCT) grant application had been submitted during the last session, but did not rank high enough for funding, and;
   7. it meets 2 of the 13 Primary Ranking Criteria.

Rob Walsh added that the City of New Smyrna Beach is attempting to acquire these four (4) parcels to create an off beach stormwater park, which would provide off-beach parking and park facilities such as picnic pavilions, playgrounds, a boardwalk area, showers, surf board racks and other amenities for water activities.

Member Anne Hallum stated that this project did not fit the criteria for the Volusia Forever Program, but may better fit the Volusia ECHO Program’s criteria because of the planned development of the project.

Member Alan Long agreed that this project does not fit the criteria of the Volusia Forever Program, and may better fit the Volusia ECHO Program’s criteria because of the issues relating to flooding and flood control. He added that this project only meets 2 of the 13 Primary Criteria.

Member Kenneth Russell requested clarification about the funding of the proposed improvement costs for this project.

Mark Rakowski, Development Services Director for the City of New Smyrna Beach, was present along with City Manager John Hagood and Attorney Frank Gummey to answer any questions. Mr. Rakowski responded that the preliminary cost estimates for the proposed development of the park project would be from $500,000.00 to $600,000.00. He added that the acquisition of these parcels would need to occur prior to seeking funding from Volusia ECHO for the proposed park development.

Chair Phil Maroney also expressed a concern that this is a stormwater management project. He added that one of the objectives of the Volusia Forever Program is to acquire vacant natural lands, which may require restoration work to restore the property to a more natural state. He further added that this project involves improvements/development of the property versus allowing nature to return this to a more natural state.

City Manager John Hagood explained that he understood the Committee’s intent to keep things in a natural state. However, this project would be developed by a developer if it is not acquired by the City and/or Volusia Forever. He added that another County Department has been attempting to acquire this project for several years without success. The City does not consider this proposal as a highly developed recreation area. After the City’s Engineers reviewed the situation, they provided this unique proposal by creating a stormwater vault to resolve stormwater issues in the area. The City’s intent is to preserve the environment to some degree while being creative enough to maximize the options for potential funding sources. This project is estimated to cost over $7 million. The St. Johns River Water Management District (District) has been contacted by the City to determine their willingness to participate in the funding of this project. District staff indicated that they may be interested in participating, but the acquisition would have to include all four (4) parcels. District staff’s intent would be to prevent the discharge of stormwater into the Indian River Lagoon. He stated that the stormwater problems would have to be resolved. This is an engineering effort to resolve the stormwater problems because of the high percolation rates of the dune areas resulting in no discharge into the Indian River Lagoon system. The City understands that this project does not fall under the basic criteria of the Volusia Forever Program, and that the acquisition of this project would require funding from several sources.

Chair Phil Maroney stated that the Committee supports the City’s intent to reduce the discharge of stormwater into the Indian River Lagoon, but the Committee’s concern is the appropriateness of Volusia Forever funding this project.

Mark Rakowski added that the restoration plan would include moving the fallen Graffiti Wall to the west so the dune system could be restored. This would provide a habitat for sea turtles. There would also be restoration of the uplands, which would provide habitat for gopher tortoises. He noted that the Initial Review Report, “Acquisition of the property maintains natural systems corridors,” reflected “no.” However, the proposed restoration of the dune system should change that criteria to reflect “yes.”

Member JoAnn O’Bannon stated that she supported this proposal. However, it does not fit the criteria of the Volusia Forever Program.

Member Dennis Bayer also stated that he supported the concept of this project. However, there are concerns regarding the appropriateness of Volusia Forever funding this project, and the potential for setting precedence by funding a stormwater project. He added that there have been other projects that were similar to this proposal, but had been rejected.

Member Anne Hallum made a motion to accept the Esther Street Property Application as an eligible project. Member JoAnn O’Bannon seconded the motion that failed by a roll call vote of one (1) to six (6), as Resolution 2004 80 requires an affirmative vote of at least five (5) Members to pass.

2. William Underhill Estate Property – Rob Walsh provided the following information about this property:
   1. it is approximately 1 acre of undeveloped land located on Massachusetts Avenue in the City of Cassadaga;
   2. it is adjacent to the County’s Lake Colby Park;
   3. it would provide additional access to the park; and
   4. it meets 4 of the 13 Primary Ranking Criteria.

Rob Walsh also stated that this property would be an addition to the County’s Lake Colby Park.

Chair Phil Maroney asked if the City of Cassadaga would be a funding partner for the acquisition of this property.

Rob Walsh responded that the City would not be a funding partner. However, FCT could be a funding source as they funded the acquisition of the Lake Colby Park property.

Douglas Weaver stated that another addition to the Lake Colby Park, Rainey/Lesher Properties, had been appraised and was moving toward acquisition. An after the fact FCT application could be submitted for this acquisition. County staff would be self scoring this proposal.

Member Dennis Bayer asked if the Underhill Property could be submitted to FCT as a separate application.

Douglas Weaver explained that the FCT application should include the Underhill Property as it would not score well by itself. He added that the scoring of projects was unpredictable and very competitive. During the last scoring round, very few projects were funded because land prices have risen.

Member Kenneth Russell asked what the zoning was for this property.

A member of the public stated that the property is currently zoned Residential.

Member Alan Long noted that the application states that this property would allow additional street frontage and accessibility to Lake Colby Park. He asked if this would be necessary for the park.

Randall Sleister responded that the acquisition of this property would not add any additional access to Lake Colby Park. He added that the public access was already good.

Member Anne Hallum asked if this property contained any significant historical, archeological, and/or cultural sites as indicated by the “probable” on the Initial Review Report.

Randall Sleister explained that this property was part of the Colby’s spiritualist retreat and is considered to have some historical significance.

Member Anne Hallum asked if there were any plans for development of this property (i.e., parking lot).

Randall Sleister responded that the County’s Leisure Services has a concept plan in place that would affect the rest of the park, but not this site.

Member Alan Alshouse asked if the acquisition of this property would be beneficial for management of this area.

Randall Sleister explained that the acquisition of this property would assist with the control of exotics on Lake Colby Park.

Marsha Titus, representative for the property owner, was present to provide information or answer any questions. She stated that this property was part of the Colby-Alderman holdings, which was developed with a home. However, the home was destroyed in 1957 by fire and wasn’t rebuilt. Since that time, the property has been left to return to a more natural state.

Member Alan Alshouse made a motion to accept the Underhill Property Application as an eligible project. Member Kenneth Russell seconded the motion that carried by unanimous voice vote.

3. Zimmer-Heideman Property – Rob Walsh provided the following information about this property:
   1. it is approximately 215 acres in size consisting of two (2) parcels located on Old New York Avenue in the DeLand area near the St. Johns River;
   2. it is heavily wooded along Old New York Avenue;
   3. approximately 90 acres is wetlands and 125 acres is undeveloped, pine upland scrub with pasture areas; and
   4. it meets 5 of the 13 Primary Ranking Criteria;

Randall Sleister clarified that the information regarding the habitat types was provided by the applicant and has not been verified by County staff.

Roy Zimmer, property owner, was present to provide additional information and answer any questions. He provided clarification regarding the depiction of the property on the map.

Member Dennis Bayer asked if this property had connectivity to other public lands.

Rob Walsh responded that this property does not have connectivity to other public lands.

Member Dennis Bayer asked if the acquisition of this property would create land locked parcels with no access.

Rob Walsh stated that the other parcels along the river are owned by the Ford Family and has access from Old New York Avenue.

Chair Phil Maroney asked if there would be public access on the portion of the property that is near the St. Johns River.

Rob Walsh responded that County staff has not been on the site and could not determine if the public could access the area near the St. Johns River.

Randall Sleister added that the County’s Ed Stone Park is located on the north side of S.R. 44 near this property, which has facilities for boat launching, fishing, and picnicking.

Member Alan Long asked what the zoning was of the parcels located between the St. Johns River and this property.

Douglas Weaver responded that the zoning could be ESC, which would require permits from the St. Johns River Water Management District and the Army Corp of Engineers before development could occur.

Member Dennis Bayer expressed a concern regarding the lack of connectivity to other public lands and funding partners, and potential land locking parcels.

Douglas Weaver stated that County staff has not contacted St. Johns River Water Management District (District) staff to determine if they are interested in being a funding partner for the acquisition of this property.

Rob Walsh added that once a property has been determined eligible, County staff discusses the potential for funding of properties with District staff. Once this determination has been made, it is outlined in the Ranking Report.

Member Kenneth Russell asked for clarification on the educational opportunities.

Randall Sleister responded that based on the size of the property, County staff looks for opportunities to conduct minimal scientific studies for a high school project. This property does have some uplands located along Old New York Avenue, which could be used for some type of field study. It also could be used as part of the County’s Conservation Lands Outreach Program.

Douglas Weaver stated that typically the County has been seeking out large acreage parcels that would be high impact and contiguous with other public lands. However, fewer of these tracts are available. The strategy will have to turn to acquiring smaller parcels that are not contiguous with other public lands, but could be assembled for contiguity.

Member Anne Hallum asked if there was a potential for trails on the property.

Member Alan Long stated that there was a high potential for trails on the property.

Harley Vacier, public participant, added that residents in the area have been negotiating with developers for less density, which would lessen the impact of development in the area. He stated that the Robin Lynn Holtz property is located across the river, which could provide connectivity to other public lands even though they would be separated by the river. He added that the development potential is high and encourage the Committee to preserve this area.

Bob Heideman, property owner, added that the wetlands area is part of the Resource Corridor and has very low potential for development.

MaryAnn McGuire, public participant, added that property is part of the gateway to the Hontoon area. She encouraged the Committee to preserve this area for the wildlife, especially the bird population. She also stated that this property is in close proximity to other conservation lands (i.e., Lake Woodruff National Wildlife Refuge, Hontoon Island State Park, Blue Springs).

Roy Zimmer added that there are trails running throughout the uplands area of the property.

Member Alan Long made a motion to accept the Zimmer-Heideman Property Application as an eligible project. Member Dennis Bayer seconded the motion that carried by unanimous voice vote.

4. Dever Property – Rob Walsh provided the following information about this property:
   1. it is approximately 28 acres in size with a 19 acre old shell borrow pit that is stocked with fish;
   2. it is located off Pioneer Trail in the New Smyrna Beach area;
   3. it is surrounded on the north side by development;
   4. access could be an issue;
   5. it is a potential site for a park with fishing; and
   6. it meets 2 of the 13 Primary Ranking Criteria.

Rob Walsh added that the Huntington Trust Property, a Group A List property, is located south of this property and west of Otter Boulevard. An old railroad bed, which is part of the County’s proposed trail system, lies to the south of the Dever Property and to the north of the Huntington Trust Property.

Member Dennis Bayer asked what the status was on the acquisition of the Huntington Trust Property.

Rob Walsh explained that Huntington Trust has purchased the Hughes Canal Street Property, which is a Group A List property, and has added it to their Group A List property. These parcels are contiguous with each other. The representative for Huntington Trust has indicated that they are working on reconfiguring the acreage being offered to Volusia Forever.

Douglas Weaver added that there is no funding partner for this acquisition. However, a non profit organization has submitted an FCT application that was not successful in obtaining funding from the State.

Tom Dever, property owner, was present to provide additional information or answer any questions. He stated that the City of New Smyrna approached him regarding the potential for turning this property into a park. The City requested that he submit an application to Volusia Forever as this property would provide a park for the surrounding community.

Member Alan Alshouse made a motion to accept the Dever Property Application as an eligible project. Member Dennis Bayer seconded the motion that failed by a roll call vote of two (2) to five (5), as Resolution 2004 80 requires an affirmative vote of at least five (5) Members to pass.

5. Agostini Property – Rob Walsh provided the following information about this property:
   1. it is approximately 20 acres in size located east of Pell Road in the Osteen area;
   2. it is an in-holding of the County’s Wiregrass Prairie Preserve;
   3. this application was generated by County staff contacting the property owner in an effort to resolve management issues; and
   4. it meets 8 of the 13 Primary Ranking Criteria.

Member Alan Alshouse made a motion to accept the Agostini Property Application as an eligible project. Member JoAnn O’Bannon seconded the motion that carried by unanimous voice vote.

6. Duff Property – Rob Walsh provided the following information about this property:
   1. it is approximately 9 acres located on Living Water Street in the DeLeon Springs area;
   2. it is adjacent to the County’s Chuck Lenon Park, which has active and passive recreational uses;
   3. it has approximately 1,100 feet of frontage on Spring Garden Lake;
   4. this would be an addition to the County’s Chuck Lenon Park;
   5. it was previously used as a fernery, but has returned to a more natural state; and
   6. it meets 6 of the 13 Primary Ranking Criteria.

David Duff, property owner, was present to provide additional information or answer any questions. He stated that at one time this had been an active fernery/grove with fruit trees and large oak trees. However, the property has since been returned to a more natural state due to the damage caused by hurricanes over the past couple of years.

Member Alan Alshouse asked what the upland/wetland breakdown was for the property.

Randall Sleister estimated that the property primarily consists of uplands with approximately 1 acre of wetlands located in the southeast section of the property.

Member Kenneth Russell made a motion to accept the Duff Property Application as an eligible project. Member Alan Alshouse seconded the motion that carried by unanimous voice vote.

7. Boetticher Property – Rob Walsh provided the following information about this property:
   1. it is approximately 20 acre of undeveloped land located east of Riley Pridgeon Road near the St. Johns River in the Astor area;
   2. access is via an easement running eastward from Riley Pridgeon Road;
   3. members of the Boetticher family own another 20 acre tract adjacent to the east side of this property and the west side is public owned lands that are part of the Lake George Conservation Area;
   4. it consists of approximately 3.5 acres of cypress strands with oaks, bay and pine trees throughout the remainder of the property;
   5. it meets 3 of the 13 Primary Ranking Criteria.

Rob Walsh added that according to the applicant there have been wildlife sightings, such as bear, deer, turkey and wood stork.

Randall Sleister clarified that County staff could not confirm the wildlife sights as they have not been out to the site.

Discussion ensued after Member Alan Long asked who owned the property located to the north side of this site.

Rob Walsh responded that the Division of Forestry (DOF) owns property to the north of this site.

William Boetticher, Jr., property owner, was present to provide additional information and answer any questions. He stated that the property owned by DOF is not adjacent to this property as there are three parcels lying between them.

Randall Sleister confirmed that this property is not contiguous with the property owned by DOF.

Member Alan Alshouse made a motion to accept the Boetticher Property Application as an eligible project. Member Dennis Bayer seconded the motion that failed by a unanimous roll call vote, as Resolution 2004 80 requires an affirmative vote of at least five (5) Members to pass.

8. Taylor Trust Property – Rob Walsh provided the following information about this property:
   1. it is approximately 20 acres in size located on the eastern side of Taylor Road in the Port Orange;
   2. it is surrounded by lands owned by the Museum of Arts and Sciences (Museum);
   3. it primarily consists of uplands with oak and pine trees, and very little scrub;
   4. a small tributary of Spruce Creek runs through the property;
   5. access is via Taylor Road; and
   6. it meets 5 of the 13 Primary Ranking Criteria.

Discussion ensued regarding the Museum’s intended use of their property and the potential enhancement of this property.

Chair Phil Maroney pointed out that this property is not contiguous to other public lands even though it is contiguous to the Museum’s property which is adjacent to public lands (i.e., Gamble Place).

Ken Parker, City Manager with the City of Port Orange, stated that the City of Port Orange has a 50 year lease on all of the Museum’s property. This property is part of the Gamble National Historic Area. The City is responsible for the management of the Museum’s property, which includes restoration of the dock on Gamble Place and the trail system.

Rob Walsh clarified that the City has a lease on all of the Museum’s property and the property is being managed for conservation purposes.

Member Dennis Bayer asked if there were any deed restrictions stipulating that the property would revert back to the original grantors if the property is used for anything other than conservation or public recreation purposes.

Ken Parker responded that there is a deed restriction on the Gamble property that stipulates the specific use of conservation on the property. He added that the grantors ensure that the conditions are being adhered to by the City and Museum.

Member JoAnne O’Bannon asked if the City of Port Orange initiated the submission of this application to Volusia Forever.

Ken Parker stated that the City was not aware of the application being submitted to Volusia Forever.

Rob Walsh added that the property owners submitted the Volusia Forever application.

Member Dennis Bayer made a motion to accept the Taylor Trust Property Application as an eligible project. Member Alan Long seconded the motion that carried by unanimous voice vote.

9. Cherven Property – Rob Walsh provided the following information about this property:
   1. it is approximately 22.5 acres in size consisting of two (2) parcels located in the Oak Hill area just north of U.S. 1 in the Turnbull Hammock area;
   2. access is via an easement from U.S. 1; and
   3. it meets 2 of the 13 Primary Ranking Criteria;

Chair Phil Maroney asked if these parcels where contiguous to other public lands.

Rob Walsh responded that it was not contiguous to other public lands, but was near lands that are owned by the St. Johns River Water Management District (District).

Randall Sleister added that this property is part of an antiquated platted subdivision in which the County had considered pursuing the acquisition of under the Small Lot Acquisition Program.

Discussion ensued regarding the definition of “small lot,” which County staff considers to be one to two (2) acres in size.

Chair Phil Maroney expressed concerns because this property is isolated, lacks connectivity to other public lands, has limited access and only meets 2 of the 13 Primary Ranking Criteria.

Member Dennis Bayer asked if there are any access and/or wetland limitations that prevent development in this area.

Rob Walsh explained that there are both access and wetland limitations that prevent development in this area. He added that this property is zoned Resource Corridor (RC) which requires 25 acres. Anything less than 25 acres requires a variance for development.

Member Alan Long made a motion to accept the Cherven Property Application as an eligible project. Member Alan Alshouse seconded the motion that failed by a unanimous roll call vote, as Resolution 2004 80 requires an affirmative vote of at least five (5) Members to pass.

10. Lake Moore Property – Rob Walsh provided the following information about this property:
    1. it is approximately 110 acres in size located off Martin Luther King Boulevard in the City of DeLand;
    2. it is undeveloped, but is surrounded by development;
    3. this application was submitted by the City of DeLand; and
    4. it meets 6 of the 13 Primary Ranking Criteria.

Rob Walsh added that the City intends on developing approximately 25 acres of this property for an active park while preserving the remaining acreage for passive recreational uses. The City is in the process of contacting the owner of the out parcel to potentially acquire it and fill in the hole in the donut.

Randall Sleister stated that County staff had toured this property with representatives from the City of DeLand.

Larry Nordman, Acting Parks Director for the City of DeLand, and Wayne Sanborn, Economic Director for the City of DeLand, were present to provide additional information and to answer any questions.

Larry Nordman stated that this project developed after the City purchased 13 acres located to the west of this property on the west side of Dr. Martin Luther King Jr. Boulevard. The City intended on using that property for an active park. Subsequently, the City contacted the Ford family to acquire additional acreage on the east side of Dr. Martin Luther King Jr. Boulevard for further development of the active park. At that time, the Ford family offered to sell the entire 110 acre tract to the City. He provided a map depicting the proposed development of the property located to the north of this site. He added that the developer would be committing 8 acres for preservation as part of the Twelve Oaks development agreement.

Wayne Sanborn stated that the School Board owns approximately 60 acres to the north east of this property with frontage on S.R. 44 and C.R. 4139, and another 20 acres in the immediate area. He added that this project is an opportunity to preserve green space in a highly developed development corridor.

Member Dennis Bayer asked the City what their level of funding would be for the acquisition of this property.

Wayne Sanborn could not provide a dollar amount, but the City intends on being a funding partner. He added that the City could use the monies collected from the recently enacted parks impact fee for this acquisition.

Larry Nordman added that additional funding opportunities would be pursued for the acquisition of this property.

Douglas Weaver expressed a concern regarding the use of Volusia Forever funds for an active park. He added that Volusia Forever could be a funding partner for the passive portion of the project.

Discussion ensued regarding the potential acquisition of the out parcel and its legal access.

Member Alan Alshouse stated that this project could potentially provide habitat for the scrub jay as this area has historically been known to harbor scrub jays.

Randall Sleister added that the property does have the potential for being a habitat for scrub jays.

Discussion continued regarding the potential for scrub habitat for scrub jays, gopher tortoises and sand hill cranes, and funding opportunities.

Member Anne Hallum made a motion to accept the Lake Moore Property Application as an eligible project. Member Alan Alshouse seconded the motion that carried by a voice vote of 6 (six) to 1 (one), with Member JoAnn O’Bannon opposed.

After Members Dennis Bayer and JoAnn O’Bannon announced that they would no longer be able to participate in the meeting, Member Kenneth Russell made a motion to continue the remainder of the Agenda until Wednesday, January 24, 2007, at 3:30p.m. in the Training Rooms, 123 W. Indiana Avenue, DeLand. Member Dennis Bayer seconded the motion at carried by unanimous voice vote.

Adjournment
Meeting adjourned at 5:32p.m..