MINUTES
VOLUSIA FOREVER ADVISORY COMMITTEE
Wednesday, January 19, 2005
3:30p.m. - 5:30p.m.
VOTRAN Bus Facility
950 Big Tree Road, South Daytona, Fl 32119

Also in Attendance

Meeting Called to Order
Carrie Stewart, Chair, called the meeting to order at 3:32P.M.

Introduction of New Member
Rob Walsh announced that Member Linda White resigned on January5,2005, due to potential conflicts with her position as a staff member with the City of Orange City. At the January6,2005, County Council meeting, Council Member Bill Long appointed Pat Northey to take former Member Linda White’s position on the Committee.

After welcoming Member Pat Northey, Carrie Stewart, Chair, asked for introductions from Committee Members, staff and public participants.

Roll Call
Carrie Stewart, Chair, instructed the Recording Secretary to record the roll of the Members in attendance, in which eight (8) Members were present after Member Robert Williams arrived late. Member JoAnn O’Bannon was recorded as an Excused Absence.

Approval of Minutes
Carrie Stewart, Chair, called for a motion to approve the October 20, 2004, Minutes. As there were no corrections, additions or deletions, the Committee unanimously approved by consent the October 20, 2004, Minutes, as presented.

Presentation and Discussion of Potential SJRWMD and County Joint Acquisitions (JAS Properties, Ltd. and Henry Ranch)
Rob Walsh introduced Ray Bunton of the St. Johns River Water Management District (District), who was present to provide additional information about the proposed joint acquisitions of the JAS and Henry Ranch properties. Rob Walsh provided the following information about the two (2) properties:

1. they are located in the Volusia/Flagler Conservation Corridor, a Group “A” List project;
2. they are contiguous to each other and other conservation lands, such as the Fore, Fore, W. T. Ranch and LeFils properties;
3. together they are approximately 1,900 acres in size;
4. the District is the lead agency for this proposed joint acquisition;
5. the District is in the process of appraising these properties;
6. with the acquisition of these properties, approximately 4,300 acres would be protected from development in the CR415, Lake Ashby area;
7. this proposed acquisition would also provide protection to the Lake Ashby Canal, which drains into the St. Johns River; and
8. a corridor of approximately 6,025 acres of conservation lands would be created for protection in perpetuity.

Member Phil Maroney asked if the JAS property would continue to be used as part of a cattle operation under the conservation easement and if there would be any obligation for maintenance of the structures (i.e., barns).

Ray Bunton replied that typically there would not be an obligation for maintenance of the structures. He also explained that during the process of developing the conservation easement agreement, if the owners have been good stewards of the land, typically the current uses would be allowed to continue. However, limitations could be stipulated in the agreement, such as the number of animal units per acre, to ensure that the owners continue to be good stewards of the land.

Douglas Weaver added that once a contract is agreed upon, it would be presented to the SJRWMD’s Governing Board for approval and then to the County Council for final approval. He also stated that the Committee would be provided updates as the potential acquisitions proceed through the acquisition process.

Member Gordon Kipp noticed that the map shows two (2) enclave parcels and asked if these parcels would be part of the JAS property.

Ray Bunton explained that an on-site visit scheduled for Monday, January 24, 2005, would determine if there are two (2) enclave parcels.

Rob Walsh added that there is a large tract of land with a single land owner south of the Fore properties and west of these properties that is on the Committee’s Group “A” List. This large tract is the Schroeder Trust property, which is approximately 3,300 acres in size. With the acquisition of this property, one large continuous stretch of conservation lands would be created. County staff has been informed that the Schroeder Trust property is under contract. However, this information has not been confirmed.

Member Reid Hughes made a motion supporting the joint acquisition of the JAS and Henry Ranch Properties with the District. Member Gordon Kipp seconded the motion that carried by a unanimous voice vote.

Discussion and Determination of Eligibility for Submitted Applications
Rob Walsh explained that the Committee would be reviewing five (5) properties that have been submitted for the 2nd Cycle of 2004 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 2004 will be ranked on April 20, 2005. He reminded the Committee that Resolution 2004-80 requires a property to meet at least four (4) of the Primary Criteria and an affirmative vote of at least five (5) Members in order for a property to be determined as eligible.

1. Holiday Haven Campsites Property – Rob Walsh provided the following information about this property:
   1. it is approximately 49 acres in size located off the tributaries of Hitchens Creek in the Lake George State Forest;
   2. it is an undeveloped tract of land that consists of wetlands, river bottom and cypress swamp;
   3. it is adjacent to other public lands, which would fill in the geographic gaps in the area;
   4. the property owners are willing to sell the property at the assessed value for conservation purposes;
   5. the management of the property would be limited, and would be turned over to the Water Management District (District) or Department of Forestry (DOF), should it be acquired, and;
   6. it meets 5 of the 13 Primary Criteria.

Member Anne Hallum asked if a funding partner had been identified.

Rob Walsh stated that there are two (2) potential funding partners, the District or DOF. However, County staff does not see that it would be necessary to have a funding partner given the offer proposed by the property owners.

Member Phil Maroney asked if there was an active fish camp on this property because of its name, Holiday Haven Campsites.

Rob Walsh explained that this property is undeveloped, but it is owned by the same individuals who own South Moon Fish Camp, which is an active fish camp.

Member Alan Alshouse asked if there was a breakdown of how much of the property is uplands and how much is wetlands.

Randall Sleister stated that the property is predominantly wetlands based on aerial photographs.

Member Anne Hallum made a motion to accept the Holiday Haven Campsites Property Application as an eligible project. Member Gordon Kipp seconded the motion that carried by unanimous voice vote.

2. Raulerson Road (Day) Property – Rob Walsh provided the following information about this property:
   1. it is approximately 62 acres in size located in the northwest section of the County near the Town of Seville at the Volusia/Flagler County line and adjacent to the Double B Ranch, a Group “A” List property;
   2. it primarily consists of wetlands;
   3. SJRWMD could be interested in the potential acquisition of this property, if the Double B Ranch property is acquired; and
   4. it meets 5 of the 13 Primary Criteria.

William and Lorraine Day, the property owners, were present to provide additional information or answer any questions from the Committee.

Member Robert Williams asked if this property would be acquired prior to acquiring the Double B Ranch property.

Douglas Weaver explained that the focus is on acquiring the Double B Ranch property and this tract would become an addition.

Member Gordon Kipp made a motion to accept the Raulerson Road (Day) Property Application as an eligible project. Member Alan Alshouse seconded the motion that carried by unanimous voice vote.

3. Ambrose Revocable Living Trust Property – Rob Walsh provided the following information about this property:
   1. it is approximately 20 acres in size located on the south side of SR 44 in the New Smyrna Beach area;
   2. the Leffler property, which is in the Volusia/Flagler Conservation Corridor, is directly south of this property;
   3. it is an isolated tract of land with very limited access;
   4. it is not adjacent to other public lands and is not in the Corridor;
   5. it consists primarily of wetlands; and
   6. it meets 3 of the 13 Primary Criteria.

Member Reid Hughes made a motion to accept the Ambrose Revocable Living Trust Property Application as an eligible project. Member Gordon Kipp seconded the motion that failed by a voice vote of 1 to 7, as Resolution2004-80 requires an affirmative vote of at least five (5) Members to pass.

4. MacFarlane Property – Rob Walsh provided the following information about this property:
   1. this application was developed and is being presented by the City of Ormond Beach;
   2. it is approximately 8 acres of undeveloped land located in the City of Ormond Beach;
   3. it would allow the City of Ormond Beach to expand their Central Park facility, which is an urban park area consisting of approximately 174 acres, for trails;
   4. it primarily consists of wetlands with minimal uplands (3/4 acres);
   5. it is densely wooded consisting of lowland hardwood hammock;
   6. the majority of the property is within the 100 year flood plain; and
   7. it meets 4 of the 13 Primary Criteria.

Loretta Moisio from the City of Ormond Beach was present to provide additional information and answer any questions.

Member Gordon Kipp asked if the City of Ormond Beach would be a funding partner.

Loretta Moisio replied that the City would be a funding partner. She also stated that the City would be submitting an ECHO application for funding assistance with the trails. They are also seeking other funding sources for the expansion of Central Park to create trails with signage that would be maintained in a natural state.

Member Gordon Kipp made a motion to accept the MacFarlane Property Application as an eligible project. Member Phil Maroney seconded the motion that carried by unanimous voice vote.

5. Dawnview Square Subdivision Property –Rob Walsh provided an aerial map of the area and the following information about this property:
   1. this application was developed and is being presented by the City of Port Orange;
   2. it is approximately 3.6 acres of aggregate consisting of 15 single-family homes on single-family lots located in the City of Port Orange off Spruce Creek Road;
   3. these lots historically have had flooding problems, which were exaggerated after this past hurricane season;
   4. there are 21 lots that are being targeted by the City for this project, but only 15 of these lot owners have signed “Willing Seller” agreements;
   5. this project would increase the green/open space of the City’s active park, All Children’s Park, which is adjacent to this project;
   6. the City is seeking funding (50%) from Volusia Forever to acquire these lots with single-family homes that would be demolished in an attempt to restore the lots to a more natural state and remedy the flooding problems; and
   7. it meets 2 of the 13 Primary Criteria.

Rob Walsh added that during the initial review process, staff found it difficult to complete the Initial Review Report as this project is a subdivision and there aren’t any environmental issues related to this project. However, staff took into consideration the City’s intention to return these lots to a more natural state. The application states that the City intends to use the area as open/recreational space for the surrounding neighborhoods during dry periods and as a stormwater area during the wet season. The City also is seeking funding from FEMA (25%). Additional photographs of the single-homes were provided as part of the application, which were also provided to the Committee for review. After reviewing all the historical information about the Volusia Forever Program, nothing was found that addressed this type of project; taking a developed area and returning it to a more natural state. County staff has discussed and has concerns regarding the potential precedence that this proposal would set for other municipalities who would seek funding for stormwater problems.

An email message dated January 16, 2005, from Sandra Walters was read for the record, which expressed strong opposition to the proposed project.

Ken Parker, City Manager, and Kent Donahue were present to represent the City of Port Orange and answer any questions.

Member Phil Maroney asked if the City had an approximate cost for acquisition of these lots.

Ken Parker replied that the City has a general feel for the potential acquisition costs based upon actual contracts for homes that have sold in this area, which are around $200,000 per unit. One of the City’s ideas is to separate the value of the land from the single-family home. The City intends to fund the acquisition of the single-family homes and demolition of these homes, and the acquisition of the land would be funded by the Volusia Forever Program. This proposal would be subject to appraisals.

Rob Walsh added that based on an analysis of the information obtained from the Property Appraiser’s website, 83% of the assessed value is for structures and 17% is for the land.

Ken Parker added that the City’s intent is to create a greenway from Cambridge Canal, which drains into Rose Bay, to the back side of Spruce Creek Preserve. One of the goals stated in Resolution 2000-155 is “the protection of natural flood plain functions,” which the City is attempting to restore and/or preserve with this proposed project. He added that this subdivision was developed prior to the creation of the stormwater rules and regulations. Therefore, the City sees the need to reclaim this area and restore this area for “the protection of natural flood plain functions (stormwater drainage).” The City intends to acquire as many homes along the Cambridge Canal without using condemnation, which the City does not use as a means to acquiring land.

Chair Carrie Stewart asked if the six (6) property owners that aren’t willing sellers could hinder the project.

Ken Parker replied that this project can move forward without these property owners as they are not directly adjacent to this project; they are separated by a road. These property owners would continue to have access to their homes. The City intends to create unified parcels of land that can be added together without creating islands and restricting access.

Discussions continued regarding the approximate acquisition costs with Ken Parker explaining that the approximate amount would be $600,000, which is based on 17% of the assessed value (approximately $200,000 per unit) for the land.

Member Phil Maroney asked for clarification that the City would be seeking 50% of the $600,000 for aggregate from the Volusia Forever Program.

Chair Carrie Stewart clarified the calculations based upon these figures -17% of $200,000 times 21 units, which the proposed project would cost approximately $714,000.

Member Phil Maroney asked for clarification that the calculations were based upon the assessed values.

Ken Parker responded that the informal calculations were based upon the assessed values. However, these calculations would change after completing the formal appraisal process. The City also has copies of contracts from properties that have sold in this area to assist with cost estimates.

Member Alan Alshouse suggested that the City contact the Water Management District to create a mitigation program for this project as a funding source.

Ken Parker replied that the City had been in contact with the Water Management District regarding the potential creation of a mitigation program for this project and that discussion would continue.

Member Robert Williams asked if this project was part of an adopted greenway plan.

Ken Parker responded that since 1994 the City has been identifying properties for a greenway project, but nothing formal had been adopted.

Member Robert Williams expressed concerns regarding the precedent this project could set for other municipalities with stormwater/flooding problems.

Ken Parker responded that this project fulfils one of the goals in Resolution 2000-155, Section XI, which refers to the “protection of natural flood plain functions and prevention of or reduction in flood damage.” He added that this acquisition goal allows this type of project even though it has not been done thus far. This is an excellent opportunity for the City to expand an active park facility. The active portion of this park has been segregated from the environmentally sensitive portion for preservation of the natural area. The wetlands area is at the center of the All Children’s Park. Historically, these wetlands ran from All Children’s Park through the proposed project.

Member Anne Hallum asked if a variance or special exception had been granted to the property owners for building on a flood plain.

Ken Parker stated that these homes were constructed between 1974 and 1978, which is believed to have been prior to the implementation of state or county building regulations. He added that these homes would not be constructed today based on the current rules and regulations.

Member Anne Hallum agreed with the urban park concept, but expressed a concern regarding the potential acquisition of homes that would be demolished for the “protection of natural flood plain functions and prevention of or reduction in flood damage.”

Member Pat Northey also agreed with the urban park concept. However, she pointed out that Resolution 2004-80 requires a property to meet at least four (4) of the Primary Criteria to be determined as eligible for further consideration. This project only meets two (2) of the Primary Criteria. Therefore, it does not pass eligibility. She added that this project presents itself as a stormwater retro-fit project and would be precedent setting. As a former member of the County Council and developer of the Volusia Forever and ECHO Programs, she said stormwater retro-fit projects were not part of the design for either program. She expressed a concern regarding the public’s perception that Volusia Forever funds would be used for stormwater retro-fit projects even though Resolution 2004-80, Section XI, may indicate that there is an ability to use Volusia Forever funds for this purpose.

Member Reid Hughes also stated that this project does not meet the program’s criteria.

Member Gordon Kipp suggested that the City acquire these properties, demolish the homes and re-submit an application to Volusia Forever for the acquisition of conservation lands. He also expressed a concern regarding the potential funding of a stormwater retro-fit project.

Member Robert Williams asked if these homes were flooded during this past year’s hurricane season.

Ken Parker replied that they were flooded due to the hurricanes.

Member Robert Williams asked if the value of the homes would be lower because of the flooding.

Ken Parker explained that FEMA’s rules regarding the value of a home that has been damaged from a hurricane does not decrease because of the storm. Under FEMA’s criteria the value of a home would be what it was valued at the day prior to the storm.

Member Reid Hughes made a motion to accept the Dawnview Square Subdivision Property Application as an eligible project. Member Gordon Kipp seconded the motion that failed by a vote of 0 to 8, as Resolution2004-80 requires an affirmative vote of at least five (5) Members to pass.

2005 Goals and Work Plan – Rob Walsh stated that, per Resolution 2001-69, the Committee is required every year to provide an annual report to the County Council outlining their goals/work plan.

Member Gordon Kipp made a motion to approve the Committee’s 2005 Goals and Work Plan, as presented. Member Reid Hughes seconded the motion that carried by unanimous voice vote.

Staff Updates – Douglas Weaver explained that in September 2004, the Governor and Cabinet made a request to have the Florida Forever “A” List reviewed by DEP’s Division of State Lands. Their concerns were about the length of the “A” List , which contains about 70+ projects, and the inactivity of some of the projects on the list. The Acquisition and Restoration Council (ARC), which is comprised of environmental, forestry and lay members, make recommendations for the list to the Governor and Cabinet once or twice a year. Since September, Volusia County and St. Johns River Water Management District staff members have attended various meetings and workshops in an effort to maintain certain projects (i.e., Volusia/Flagler Conservation Corridor, Doris Leeper Spruce Creek Preserve and Indian River Lagoon Blueway) on the “A” List. The revised “A” List will be provided to the Governor and Cabinet for approval in March. Historically, since the Volusia Forever Land Acquisition Program began there has not been a direct partnership with DEP (County and State). However, the SJRWMD has partnered with DEP for part of the 19,000-acre Plum Creek acquisition, which included the County. Although the state hasn’t been involved in any other acquisition, the County will continue to pursue them as a funding partner.

Ray Bunton agreed that the state has not been a big player with acquisitions in the Volusia/Flagler Conservation Corridor. The District would like the Corridor to remain on the “A” List, but would not be overly concerned if it dropped to the “B” List. The District would continue to pursue acquisitions of property within the Corridor and submit to the state for funding.

Douglas Weaver added that the County would also prefer that the Corridor remain on the “A” List, and would continue pursuing acquisitions within the Corridor with the District regardless of the outcome. He explained that one (1) “A” List project in Lee/Collier County, the 90,000 acre Babcock Ranch, has some interest and could potentially use all the available funds from the State. Therefore, any other “A” List project would have to wait.

Member Phil Maroney asked how the community could assist the County with promoting the Corridor, Spruce Creek and Blueway to remain on the “A” List.

Douglas Weaver responded that the County Council Chair has written letters to the members of the ARC and Cabinet requesting the support of these projects. County staff have been present during meetings and workshops in an attempt to promote these projects. The County has also written and approved resolutions supporting these projects. At this time, the District and County staff are waiting for the recommendations to be handed down before additional support is requested.

Member Gordon Kipp stated that the ARC seems to respond to local public support and suggested that the community get involved with the support of these projects.

Douglas Weaver added that the Chairman of the Volusia/Flagler Environmental Council has written a letter supporting these projects.

Member Pat Northey asked if the Legislative Delegation had been informed of the potential movement of these projects from the “A” List.

Douglas Weaver responded that some of our legislators have been informed.

Member Pat Northey expressed a concern regarding the public’s misconception that the Corridor is not a priority should it be placed on the “B” List instead of the “A” List. She agreed that County and District staff should move forward in acquiring properties within the Corridor regardless.

Douglas Weaver added that County and District staff would deem it preferable for the Corridor to remain on the “A” List. However, it would not hinder the County from moving forward and finding other funding partners for these acquisitions.

Rob Walsh stated that the next Committee meeting would be held on April 20, 2005. At this meeting, the Committee will rank the projects that have been determined as eligible for the 2nd cycle of 2004, and would be electing a Chair and Vice-Chair.

Adjournment
Meeting adjourned at 4:53P.M.