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MINUTES
VOLUSIA FOREVER ADVISORY COMMITTEE
Wednesday, February 20, 2002
3:30p.m. - 5:30p.m.
Daytona Beach International Airport, Volusia Room
Daytona Beach, Florida

Meeting Called to Order

Reid Hughes, Chair, called the meeting to order at 3:34p.m.

Roll Call

Reid Hughes, Chair, instructed the Recording Secretary to record the roll of the Members in attendance, in which six (6) Members were present.

Approval of Minutes

Reid Hughes, Chair, called for a motion to approve the January 16, 2002, Minutes. Member Carrie Stewart made a motion to approve the minutes with no corrections or additions. Member Richard Schuler seconded the motion that carried by unanimous voice vote.

Discussion of Special Exception Procedures/Policies

Chairman Reid Hughes presented a request to the Committee to establish policies/procedures for properties under contingent contract and for those properties to be considered as "opportunity acquisitions" (i.e., the Menard Property). He explained that the chairman, staff or any committee member had the authority to request a special meeting, which could provide the opportunity to proceed quickly on "opportunity acquisitions" and refrain from bogging down the acquisition with lengthy processes.

Rob Walsh stated that the policies created in Resolution 2001-198 clearly provide the Committee Chairman with the authority to request a "special" meeting when necessary.

Member Dennis Bayer expressed the need to have policies/procedures in place to handle "opportunity acquisitions" so the Committee would be advised and involved with any such acquisition, and would provide guidelines for requesting a "special" meeting.

Chairman Reid Hughes recommended following or mirroring the policies/procedures setup by the St. Johns River Water Management District, which requires staff to provide a presentation to the Governing Board, who would vote based on staff’s recommendation to declare the project as an "emergency."

The Committee agreed with Chairman Reid Hughes’ recommendation, which would establish policies/procedures requiring any "opportunity submission" be preceded by a vote of the Committee declaring it as an emergency.

Douglas Weaver explained that staff agreed with the Committee and would make every effort to communicate with other agencies (i.e., the St. Johns River Water Management District) to avoid last minute notification of "opportunity acquisitions" such as the Menard property. However, staff could not guarantee that another situation would not occur.

Member Richard Schuler stated that there should be different acquisition procedures for normal and emergency acquisitions. He further stated that there should be a requirement other than a majority vote declaring the acquisition as an emergency as any piece of property could be bought up as an emergency.

Douglas Weaver stated that staff’s intent would not be to present just any piece of property to the Committee and call it an emergency.

Member Alan Alshouse stated that the Committee’s role would not be to authorize the acquisition of "opportunity acquisitions", but they would be advising and informing the County Council of the Committee’s recommendation.

Chairman Reid Hughes explained that the intent of establishing policies/procedures for "opportunity acquisitions" would be to ensure the Committee’s involvement and to avoid acquisitions being submitted directly to the County Council without the Committee being informed and/or involved.

After much discussion, Member Richard Schuler made a motion to require a ³/₅ vote of those Committee Members present at a "special" meeting to consider an accelerated acquisition and make a recommendation to the County Council, which would dispense with the usual process/procedures. Member Carrie Stewart seconded the motion that carried by unanimous voice vote.

Discussion and Determination of Eligibility for Submitted Applications

Rob Walsh explained that he would be presenting additional maps for each application to clearly demonstrate the location of the parcels.

1. Minorca Farms – Rob Walsh provided the following information about this property: 1) it is 20 acres in size, 2) is located in the proximity of Tedders Lake, and 3) is mostly under water. He explained that this parcel had been subdivided out of a larger parcel owned by the applicant.

Chairman Reid Hughes reminded the Committee of the policies that have been established in determining the eligibility of an application, which are as follows: 1) adjacency to other public lands; 2) size; and 3) the property’s resources.

Discussion ensued regarding the size requirement for property being considered for eligibility. Chairman Reid Hughes along with Members Carrie Stewart and Richard Schuler expressed the desire to refrain from considering "postage" size parcels for acquisition unless there is adjacency to other public lands or other criteria that would make this an essential acquisition.

Member Carrie Stewart explained that there is an intent to "get the most bang for the buck."

Member Dennis Bayer suggested developing alternatives to acquisition of "postage" size parcels, such as conservation easements. By establishing a conservation easement, the Committee would meet their objectives for "less than fee" acquisitions, promote the protection of sensitive areas, and expenses could be lessened for the property owner and the County.

Member Anne Hallum requested that the Committee not set a size requirement for applications, as there may be "postage" size parcels that would be critical.

Chairman Reid Hughes requested that the Committee adopt a formal policy to have the Committee review all applications regardless of the property size and allow the Committee to segregate the parcels that do not meet the Committee’s criteria for eligibility.

The Committee agreed to adopt the formal policy recommended by Chairman Reid Hughes.

Chairman Reid Hughes asked if the Minorca Farm property was adjacent to any public lands, and if there are any overriding natural systems on the property that would be an enhancement.

Rob Walsh explained that the property is not adjacent to public land and the initial review report does not demonstrate that this application meets the Committee’s criteria for eligibility.

Member Carrie Stewart made a motion to not accept the Minorca Farms Application as an eligible project. Member Alan Alshouse seconded the motion that carried by unanimous voice vote.

2. Bushnell Property – Rob Walsh provided the following information about this property: 1) it is approximately 20 acres in size, 2) is adjacent to the Lake George Wildlife Management Area, and 3) the initial review report does demonstrate that this application meets the Committee’s criteria for eligibility.

Member Alan Alshouse asked how many sides of the property abutted the Lake George Wildlife Management Area.

Randall Sleister stated that the property is adjacent on one (1) side of the property, but is not abutting the Lake George Wildlife Management Area. He also stated that there is a dirt roadway that separates the property from the Lake George Wildlife Management Area. The Lake George Wildlife Management Area is located to the west.

Rob Walsh stated that conservation lands owned by various agencies (i.e., the St. Johns River Water Management District, Florida Power Corporation) surround this property.

Member Alan Alshouse asked what type of community was on the property.

Rob Walsh stated that the property consists of pine flatwood.

Discussion ensued after Member Dennis Bayer asked staff how the District and other state agencies viewed providing matching funds for acquisitions of smaller parcels.

Douglas Weaver explained that staff had favorable consultations with the District regarding matching funds for outparcels and in-holding applications in the Lake George area.

Discussion ensued regarding motions for acceptance after Member Carrie Stewart could not obtain a second for a motion to not accept the Bushnell Property as an eligible application.

Frank B. Gummey, III suggested that the Committee simplify the motion for consideration process by making an affirmative motion to accept the application for further consideration with a second to that motion and a voice vote. He explained that by making motions for consideration in the affirmative, you would ensure that the motion would not fail in case of a tie vote.

Member Anne Hallum made a motion to accept the Bushnell Property Application as an eligible project. Member Richard Schuler seconded the motion that carried by a vote of 4 to 2 with Member Carrie Stewart and Chairman Reid Hughes opposing.

3. Ocklawaha Partnership – Rob Walsh explained that this 26-acre parcel is in the Spruce Creek Preserve and at the headwater of the tributary. He displayed a map depicting the properties that were accepted by Florida Communities Trust (FCT) for matching funds (i.e., Kaye, Kagles, etc.), and where this property lies in relation to the Spruce Creek Preserve.

Chairman Reid Hughes asked if this property would be within the CARL boundaries.

Ed Isenhour stated that after a cursory review of the maps, he could not identify this property as being within the CARL boundaries. He made reference to the information and map provided to the Committee as a handout about Spruce Creek.

Member Richard Schuler made a motion to accept the Ocklawaha Partnership Application as an eligible project. Member Dennis Bayer seconded the motion that carried by unanimous voice vote.

4. Akins Property (Kirton Lake) – Rob Walsh explained that this property completes the lake/borrow pit that was submitted as part of the Kirton Farm Application, which the Committee determined to be eligible at their December 19, 2001, meeting. The lake/borrow pit is approximately 40 acres in size with the Akins’ portion being 33 acres and the Kirton’s portion being 7 acres.

Member Carrie Stewart made a motion to accept the Akins Property Application as an eligible project. Member Anne Hallum seconded the motion that carried by unanimous voice vote.

5. Warensford Property (Barberville) – Rob Walsh provided the following information about this property: 1) it is located on the south side of SR 40 to the west of Barberville, 2) it consists of 5 parcels in two main areas for a total of 46 acres, and 3) the eastern four (4) parcels abut Department of Forestry (DOF) lands, known as Lake George State Forest, Dexter Mary Farms Unit.

Randall Sleister added that the parcels adjacent to the DOF property are mostly pasture area with a couple of ponds (wetlands).

Member Alan Alshouse asked if the property to the west had access to the DOF property.

Rob Walsh stated that there was no access to the DOF property via the western property.

Chairman Reid Hughes suggested dividing the parcels on the application in two, which would create eastern and western parcels. This would allow the Committee to accept all or part of the parcels as eligible.

Wayne Warensford, property owner, agreed to divide the parcels creating eastern and western parcels.

Member Dennis Bayer made a motion to accept the Warensford (Barberville) Property Application’s eastern parcels as an eligible project. Member Richard Schuler seconded the motion that carried by unanimous voice vote.

6. Warensford Property (Seville) – Rob Walsh provided the following information about this property: 1) it consists of eleven (11) parcels for a total of 800 acres, and 2) is located in Seville at the border of Volusia and Flagler Counties.

Randall Sleister added the following information about this property: 1) it consists primarily of pine flatwoods with some wetlands and scrub, 2) it is a large lot subdivision (10+ acres), and 3) access could be difficult.

Chairman Reid Hughes asked the Warensfords if the property owners adjacent to their parcels would be willing sellers.

Wayne Warensford declined to answer Chairman Reid Hughes’ question.

Chairman Reid Hughes asked the Warensfords how many acres were contained in the largest of their parcels.

Wayne Warensford stated that the largest parcel he owned was 375 acres near the Flagler County line.

Member Richard Schuler stated that there is a potential for a wildlife corridor in this area.

Member Richard Schuler made a motion to accept the Warensford (Seville) Property Application as an eligible project. Member Anne Hallum seconded the motion that carried by unanimous voice vote.

7. Southern Pines Plantation Property – Rob Walsh provided the following information about this property: 1) it is 2,200 acres in size, 2) it runs from I-4 south to SR-44, 3) Deep Creek runs through the western portion of this property, and 4) it has an approved subdivision on its eastern side.

Discussion ensued regarding the definition of "approved subdivision."

Randall Sleister and Douglas Weaver explained that a subdivision exemption was created with the land being divided into larger lots (10+ acre tracts). Therefore, the normal subdivision regulations would not apply and there would not be a significant review process nor would there be a requirement to provide significant improvements to the property (i.e., roads).

Member Alan Alshouse asked if the St. Johns River Water Management District (District) had targeted this property or any other property in this area.

Chairman Reid Hughes stated that the District has targeted properties in this area for acquisition.

Randall Sleister explained that the following lands are adjacent to or in the immediate vicinity of these parcels: 1) Bicentennial Youth Park lies to the southwest, and 2) the Volusia Conservation Corridor is to the east. The District originally intended to include these parcels in the Volusia Conservation Corridor. However, with the difficulty in reaching a mutual agreement during negotiations, the District elected to exclude these parcels from the Volusia Conservation Corridor.

Sam Roth, Representative for the property owners, was present to provided additional information. He explained that this property is in the immediate area of the Volusia Conservation Corridor. He further explained that the owners were willing to negotiate.

Randall Sleister added that this property consists primarily of wet pine flatwood and the eastern boundary is bay swamp.

Sam Roth provided an additional map displaying the location of the property and where it lies in relation to the Volusia Conservation Corridor.

Chairman Reid Hughes explained that this property is resource rich and meets the Committee requirements for eligibility.

Member Dennis Bayer made a motion to accept the Southern Pines Plantation Property Application as an eligible project. Member Alan Alshouse seconded the motion that carried by unanimous voice vote.

8. Mullins Property – Rob Walsh provided a map of University Highlands, which depicts the parcels that are owned by the County, have tax certificates held by the County, and the 300 parcels proposed in this application. He provided the following information about this property: 1) it is a platted subdivision from the early 1960s, 2) it is a total of 508 acres in size with over 300 parcels, 3) it is located in the middle section of the County from Hwy. 92 south toward the northern City limits of Deltona.

Member Dennis Bayer asked if there was any development in the area or any infrastructure.

Rob Walsh responded that there was no development and very minimal infrastructure in University Highlands.

Randall Sleister stated that access is limited and some hunting camps exist near Prevatt Road in Deltona.

Douglas Weaver added that under the County’s Land Development Code these parcels would not qualify for a building permit and would be considered non-exempt parcels. He explained that even though there are roads depicted on antiquated plat maps, the roads do not physically exist. These roads should have been in place by October 1976 to qualify.

Chairman Reid Hughes asked why the County was acquiring parcels in University Highlands.

Randall Sleister explained that the County became the owner of several parcels in University Highlands by donations, tax deeds, and wetlands mitigation purchases.

Discussion ensued with regards to small lot acquisitions.

Randall Sleister stated the County has targeted the following three areas for small lot acquisitions: 1) Cape Atlantic Estates, 2) University Highlands, and 3) West Daytona Acres. He explained that these areas are primarily wetlands.

Member Dennis Bayer asked what type of habitat was in University Highlands.

Randall Sleister responded that there was a mixture of habitats, such as cypress swamp, uplands, but mostly wetlands.

Rob Walsh added that in the early 1960s a geological survey had been done on University Highlands, which determined this area to be a significant water recharge area for the aquifer. At that time, the author of the geological survey recommended that the development of a subdivision not be permitted in this area, as the improvements necessary for development (i.e., paving of roads, fill dirt, etc.) could damage the water resources for the greater Daytona Beach area.

Discussion ensued regarding potential partners for funding with Randall Sleister stating that the District could assist in funding for this type of paper plat subdivision, but not necessarily this particular project.

Discussion ensued regarding alternative methods of acquiring these types of small lots.

Rob Walsh stated the staff would be attempting to contact the property owners to sell, donate, create an easement, or create a tax write-off for the owner.

Member Alan Alshouse suggested that staff surplus some of the most fragmented parcels, and trade or sell them for parcels that would create a contiguous area.

Larry Mullins, property owner, was present to provide additional information. He explained that his intent for acquiring the most fragmented parcels was to sell or trade them for other parcels that would create a contiguous area.

Member Richard Schuler made a motion to accept the Mullins Property Application as an eligible project. Member Anne Hallum seconded the motion that carried by unanimous voice vote.

Staff Issues/Announcements:

FCT Application Deadline Change

Douglas Weaver explained that, per a recent conversation with Janice Browning, Executive Director of Florida Communities Trust (FCT), the application opening date for FCT grants has been moved to April 15, 2002, and will be open for 75 days. He further explained that with the FCT grant application date change the Committee would need to accelerate their schedule, which would have the Committee ranking and rating the eligible properties in March 2002 and forwarding the Committee’s recommendations to the County Council in April/early May 2002.

Discussion of Rating/Ranking Process

The Committee elected to cancel the March 20, 2002, meeting and schedule a special meeting on March 28, 2002, at the VOTRAN Office Complex, 950 Big Tree Road, South Daytona, from 9:00a.m. – 5:00p.m. for the rating and ranking of the eligible applications.

Chairman Reid Hughes explained that Rob Walsh would be providing a staff report on each application.

Rob Walsh stated that staff would provide a complete analysis on each property to the Committee ten (10) days prior to the meeting on March 28, 2002. He explained that the rating and ranking process would occur as follows:

1. Each Member would rank the properties with a number from 1 to 15 (1 - being the best).
2. Staff would add those numbers for a total, with the lowest score being the highest ranked application.
3. The Committee would create an "A" and "B" list, per Resolution 2001-198. He emphasized that the properties on the "A" list are the properties in which the Committee has determined to be the most important and they must be eligible for matching funds. The "B" list properties are important, but are not the highest priority.
4. The Committee would make their recommendations to the County Council.

Douglas Weaver reminded the Committee that the processes and procedures are new, and changes could become necessary to streamline the process. He explained that the properties, in which the Committee determined as eligible, would remain in an eligibility pool until withdrawn by the applicant or accepted for funding, and would be rated and ranked with the next cycle’s eligible applications. The rating and ranking of eligible applications will be done twice a year.

Discussion ensued regarding project funding with Douglas Weaver explaining that the County Council would develop a list of eligible projects and request that staff proceed with the acquisition process. He also explained that the appraisal would determine the potential price of the property.

Other Business

Chairman Reid Hughes explained that he would emphasize to the Directors of Public Works, Planning and Development, and Growth and Resource Management the need to refrain from discussing proposed roadways, and how this could impact and inflate the selling price of potential purchases.

Adjournment

Meeting adjourned at 5:15p.m.

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