VOLUSIA FOREVER ADVISORY COMMITTEE
Minutes
Wednesday, March 17, 2004
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 3:40p.m.

Roll Call
Carrie Stewart, Chair, instructed the Recording Secretary to record the roll of the Members in attendance, in which nine (9) Members were present.

Carrie Stewart, Chair, asked for introductions from the public participants before starting with the business part of the meeting.

Approval of Minutes
Carrie Stewart, Chair, called for a motion to approve the January 21, 2004, Minutes. Member Jo Ann O'Bannon made a motion to approve the January 21, 2004, Minutes as written. Member Phil Maroney seconded the motion that carried by unanimous voice vote.

Evaluation and Ranking of Eligible Applications – Rob Walsh explained that the first four (4) properties listed on the Agenda, which were deemed as eligible during the 2nd Cycle of 2003 (7-1-03 through 12-31-03), were being ranked to determine their placement on the "A" or "B" List. The ranking determination of each property (Group "A" or "B" List) would be handled one at a time with a voice vote.

Rob Walsh and Randall Sleister provided a PowerPoint presentation with pictures and location maps, and a brief overview of each property as follows:

1. RBD Limited Property - This property is 400 acres in size consisting of one (1) large parcel (325 ± acres) and sixty-six (66) small lots, located north of SR 44 just east of the St. Johns River. It was part of an antiquated subdivision. The western boundary of the large parcel abuts the St. Johns River, while the eastern boundary is the terminus of the Ziegler Dead River. The property is bordered to the north and east by the Lake Woodruff National Wildlife Refuge, which is a compilation of ownership between the state, SJRWMD and federal government. A County park (Ed Stone Park) is situated on the north side of SR 44, at the St. Johns River, and provides major boating access to the river. A commercial marina (the Boat Show Marina) is located in the area between the property and SR 44. A partially developed residential area is situated to the east of the property. As the property is surrounded by water on three (3) sides, access to the property would be via water. The habitat type, which was determined after reviewing aerials, is floodplain swamp dominated by bald cypress and blackgum cypress with minor amounts of red maple, sweetgum and wax myrtle. Staff was unable to access the property, but has determined that this property is very wet and potentially doesn't have any areas of uplands. County staff approached the Lake Woodruff National Wildlife Refuge's staff to determine what their interest would be in the acquisition of this property and the Refuge's staff indicated that their interest was low as this property lies outside the boundary of the Refuge. The owner’s representative has approached the Florida Department of Environmental Protection regarding the acquisition of this property. Should the County acquire this property, the property would mostly likely be added to the Lake Woodruff National Wildlife Refuge and managed by the Refuge's staff. There are no recreational opportunities and management would be minimal.

Member Reid Hughes asked if County staff had contacted the District to determine what their interest would be in the acquisition of this property.

Rob Walsh replied that County staff had contacted the District. The District advised County staff that they have been approached several times regarding the acquisition of this property and they do not have an interest in the property.

Member Phil Maroney asked if there were any access points through the subdivisions that abut this property.

Rob Walsh stated that the roads contained in the abutting subdivisions dead end at Ziegler Dead River and do not provide access to this property.

Randall Sleister added that currently the only access to this property would be via boat.

Member Anne Hallum asked what the development potential would be given the fact that the property is primarily wet.

Rob Walsh replied that the development costs would be very high because the property is very wet and would require a lot of fill to meet building codes and standards.

Mr. Larry Mullins, property owner/applicant, added that he was the owner of a parcel in this area and confirmed that the properties in this area are very wet.

Discussion ensued regarding potential funding partners with Florida Department of Transportation (FDOT), Florida Department of Environmental Protection (FDEP) and the state.

Sam Roth, representative for the property owner, added that the property owner had contacted the Lake Woodruff Wildlife Refuge's Manager, Mr. Morrow, to discuss the potential acquisition of this property and to inform them of the pending Volusia Forever Land Acquisition Application.

Member Gordon Kipp made a motion to add the RBD Limited Property to the Group “B” List. Member Linda White seconded the motion that carried by unanimous voice vote.

2. Volusia Plantation Estates, Ltd. Property – This property is 29 acres in size consisting of a number of contiguous parcels to create one large lot owned by one owner. It is an antiquated platted subdivision that is surrounded by development and is located in the City of DeBary north of Lake Monroe. The City of DeBary's Comprehensive Plan has assigned the future land use of Environmentally Sensitive Lands (ESL) to the majority of the property with a minor portion being designated for single-family residential zoning. Florida Power has a large easement for the power lines that traverse the center of the property, cutting the property in half. There is access via Magnolia Avenue. DeBary Hall and Gemini Springs are in close proximity. This property consists of a mixture of uplands and wetlands. Management issues include the removal of exotics along the right-of-ways, debris/trash dumped by individuals, and unauthorized use of the property by all-terrain vehicles. County staff approached the City of DeBary to determine what their interest would be in the acquisition of this property and the City indicated that they are interested, but it is not a high priority at this time and they do not have any monies available. Volusia County's Historic Preservation Officer did not discover any historical/archaeological elements on the property, but considers it a high priority because the property is in close proximity to DeBary Hall and it was part of the original 6,000 acre DeBary family plantation estate. There is potential for recreational/resource opportunities.

Member Gordon Kipp asked if the County's Leisure Services would be interested in being a funding partner.

Rob Walsh explained that the County's Leisure Services indicated that their interest would be in the parcels that are contiguous to DeBary Hall, which would serve as a buffer.

Member Reid Hughes asked if there were any potential funding partners for the acquisition of this property.

Rob Walsh stated that, at this time, there weren't any funding partners.

Douglas Weaver added that the City of DeBary's interest might change depending on the outcome of other properties already on the Group "A" List.

Discussion ensued regarding the potential for this property being part of the planned trail system.

Discussion ensued regarding the positive and negative effects the power lines may have on the different wildlife species of this property.

Member Reid Hughes made a motion to add the Volusia Plantation Estates, Ltd. Property to the Group “B” List. Member Phil Maroney seconded the motion that carried by voice vote of 8 to 1 with Member Anne Hallum opposed.

3. Festival Properties Additions Property – This property is 396 acres in size consisting of four (4) parcels and is an addition to the 2,900 acre tract previously submitted by the property owners, which the Committee ranked as a Group "A" List property. It is located on the south side of SR44 near the City of New Smyrna Beach and is within the boundaries of the Volusia Conservation Corridor. It is contiguous, via SR44, to the 2,900-acre Festival Property tract located on the north side of SR44; and to the Townsend and American Timberlands Properties. The property consists of a mixture of mesic and wet flatwoods, and cypress strands and domes. The property has not been actively managed for silviculture, as there are no planted pine. This property was not impacted by the wildfires of 1998. The preferred management tool would be prescribed burning. This property would provide access to the Townsend Property from SR44.

Douglas Weaver added that the County has entered into a multi-party agreement with the Florida Department of Environmental Protection (DEP) for the acquisition of the Townsend and Festival Properties. This multi-party agreement could be amended to include the Festival Properties Additions Property, which would create an additional funding partner.

Member Phil Maroney made a motion to add the Festival Properties Additions Property to the Group “A” List. Member Linda White seconded the motion that carried by unanimous voice vote.

4. Akers Quail Ranch Property – This property is 1,337 acres in size, consisting of seven (7) parcels with 1.38 miles of frontage on SR415. It is in close proximity to the Volusia Conservation Corridor and touches the Leffler property, which is in the Corridor. County staff has discussed the potential amendment to the boundaries of the Corridor to include this property. It has been utilized for pasture, sod production and silviculture, along with hunting. There is also an active lease for sludge spreading. It consists mainly of pine flatwoods with a scattering of wetlands, cypress domes, marshes and swamps. The property has been maintained with prescribed burnings. Management issues would include smoke management from prescribed burns as the property fronts SR415. It has been assigned several future land use categories, which include Forestry Resource, Environmental Systems Corridor, Agriculture Resource, Rural, and Natural Resource Management Area. There are several structures on the property, which includes a caretaker's house, barn and main residence. The potential for recreational opportunities are very high as there is a borrow pit with a dock and a good road system that could be used as trails. The borrow pit was created in 1985 and could require shoreline restoration.

Douglas Weaver added that there is a potential for pre-acquisition of this property with a subsequent filing of an FCT application for reimbursement. He also added that another route to obtain a funding partner could be through the boundary amendment of the Corridor.

Member Reid Hughes asked if the District had been contacted to determine what their interest would be in the acquisition of this property.

Rob Walsh stated that County staff had approached the District and the District indicated that their interest is low.

Discussion ensued regarding the definition of "connectivity" after Member Phil Maroney requested clarification as to whether this property has connectivity to other conservation lands.

Discussion ensued regarding the policy for acquiring properties that have structures.

Rob Walsh reminded the Committee that Resolution 2002-218 stipulates that the primary goal is to acquire vacant land and discourages the acquisition of properties with structures. However, the acquisition of properties with structures would be considered on a case-by-case basis. Therefore, the Committee has the flexibility to recommend the acquisition of a property with structures.

Member Gordon Kipp made a motion to add the Akers Quail Ranch property to the Group “A” List. Member Phil Maroney seconded the motion that carried by unanimous voice vote.

Group “B” List - Rob Walsh explained that the remainder of the properties listed on the Agenda were the Group "B" List and there were no changes in the status of these properties as far as funding partners, ecological value, etc. He further explained that Section 5h(4) of Resolution 2002-218 allows the Committee to recommend to the County Council the removal of an eligible property from the ranking list. This Section reads: "Based on a recommendation of the Volusia Forever Advisory Committee, a property may be removed from the Group B Category by the County Council upon the expiration of at least four (4) ranking cycles." Therefore, it is staff’s recommendation to remove three (3) Group "B" List properties from the ranking list, which are: 1) Paspalakis/Psaros; 2) Florida Audubon; and 3) Mullins University Highlands.

Member Phil Maroney asked whether or not any of the Group "B" property owners had been in contact with County staff.

Rob Walsh stated that the only Group "B" property owner that County staff had been in contact with was Mr. Larry Mullins, owner of the Mullins University Highlands Property. He explained that the Mullins University Highlands Property is 550 acres in size consisting of 297 widely scattered lots. After preliminary discussions with Mr. Mullins, staff determined that the acquisition of these small, widely scattered lots should be handled through the Small Lot Acquisition Program. Therefore, staff recommends the removal of this project from the Group "B" List.

Douglas Weaver added that County staff has been pursuing the acquisition of properties in the University Highlands area in small sections through the Small Lot Acquisition Program. With Mr. Mullins owning various lots in this area, County staff would be negotiating with Mr. Mullins under the Small Lot Acquisition Program for the acquisition of his lots. He also added that all the Group "B" List property owners had been notified in writing of today's Committee meeting, and that they would be afforded the opportunity to provide additional information or comments to the Committee, if they desired.

Mr. Larry Mullins, property owner/applicant, stated that even though the Committee would be recommending the removal of his property from the Group "B" List to the County Council, he would continue to acquire properties in the University Highlands area. He further stated that he was not opposed to the Committee's recommendation to the County Council.

Member Reid Hughes made a motion to recommend that the County Council remove the Paspalakis/Psaros, Florida Audubon and Mullins University Highlands Properties from the Group "B" List. Member Anne Hallum seconded the motion that carried by a unanimous voice vote.

Scheible Property - Douglas Weaver explained that staff would recommend that the Committee move the Scheible Property from the Group "B" to the Group "A" List. This property is 10 acres in size located off of Nine Mile Road near the Town of Pierson, and is a Lake George Wildlife Management Area in-holding. Even though the District has indicated that they have no interest in being a funding partner for additional parcels in this area, County staff deemed it important to acquire this property to fill-in the "hole in the doughnut." At a later date, County staff would approach the District to determine if their funding partner interest had changed to the positive. The acquisition of this property would be relatively inexpensive and it would resolve any management issues regarding prescribed burning. He reminded the Committee that the acquisition of another in-holding, the Corbett Property, had been achieved in the same manner.

Member Reid Hughes stated that he was opposed to moving the Scheible Property to the Group "A" List as there is no funding partner and according to the Committee's procedures, only those properties of high importance, along with having a funding partner, should be on the Group "A" List.

Douglas Weaver added that public lands surround this property. He explained that in some cases a decision would need to be made to acquire a property regardless of having secured a funding partner. He further explained that Resolution 2002-218 allows the full acquisition of property and the subsequent search for a funding partner to seek reimbursement.

Member Reid Hughes continued to express his concern regarding the full acquisition of properties. He agreed that Resolution 2002-218 allows this type of acquisition, but under unusual circumstances.

Randall Sleister added that the acquisition of this property would resolve the management issues associated with prescribed burning; protecting adjoining private properties.

Discussion continued regarding the benefits that would be provided with the acquisition of this property (i.e., costs for fire lines, management safety issues).

Member Linda White made a motion to move the Scheible Property to the Group "A" List. Member Robert Williams seconded the motion that carried by a voice vote of 7 to 2 with Members Reid Hughes and Phil Maroney opposed.

Rob Walsh explained that County staff anticipates submitting the Committee's approved Ranking List and amendments to Resolution 2002-218 to the County Council for approval on April 15, 2004.

Staff Updates

1. Gardella Property - Douglas Weaver reminded the Committee that this property is 40acres in size, located off Barwick Road on the St. Johns River in the City of DeBary. He stated that there is a contract for purchase ($325,000) between the property owners, and the County and the City of DeBary, as 50/50 partners. Closing is scheduled for Thursday, March 18, 2004. The City of DeBary has one (1) year to enter into a management agreement with the County. The preferred entity to be responsible for the management of the property would be the City of DeBary. If additional adjoining properties are acquired with the City of DeBary, County staff anticipates submitting an FCT application for reimbursement.
    
2. Green Springs (Matthews/Friend Property) - Douglas Weaver reminded the Committee that this property is 2 acres in size, located adjacent to the Green Springs Park. He stated that negotiations are on-going with the property owners.
    
3. Kirton Farm/Akins Property - Member Gordon Kipp made a request for an update on the Kirton Farm/Akins Property.

Douglas Weaver replied that County staff met with USDA staff in January 2004 and County staff is in the process of submitting an application for this year.

4. Save the Loop - Member Reid Hughes made a request for an update on County staff's progress regarding the solicitation of property owners in the "Loop" area to participate in the Volusia Forever Land Acquisition Program.

Rob Walsh responded that the County's GIS Department provided a map of the "Loop" area with a list of property owners. Subsequently, County staff met with the largest landowner, Mr. Frank Ford, to determine whether or not he was interested in participating in the Volusia Forever Land Acquisition Program. Mr. Ford indicated that he was not interested, at this time, in participating in the program. However, County staff plans on soliciting the remaining property owners to determine their interest in participating in the program.

5. Leffler Property - Member Anne Hallum requested an update on the annexation of the Leffler property by the City of Deltona.

Douglas Weaver stated that County staff would continue to discuss with the property owners the potential for the acquisition of the Leffler Property regardless of the annexation's outcome.

Frank Gummey, III explained that the Committee has established its position regarding the importance in preserving the lands within the Volusia Conservation Corridor by placing it on the Group "A" List. He added that the lead agency for acquisitions in the Corridor is the St. Johns River Water Management District. Therefore, the responsibility of negotiating with the property owners lies with the District. The County Council authorized the Growth and Resource Management Department's Director, Ms. Montye Beamer, to present the County's position and the expert report evaluating the purposed annexation at the City of Deltona's City Commission meeting. Subsequent to the annexation, the County Council authorized legal action to challenge the annexation.

Member Reid Hughes requested that the County’s Legal staff clarify whether it would be appropriate for the Committee to reaffirm its position/desire to preserve the lands within the Corridor. He stated that he wants to ensure that the public is aware that the Committee is willing to accept any application, especially from the property owners that are within the Corridor.

Frank Gummey, III responded that the Committee has already established its position, therefore, any further action by the Committee is not necessary.

Discussion ensued regarding an accusation that Volusia Forever was not interested in the acquisition of the Leffler Property after Member Anne Hallum expressed a concern.

Member Linda White stated that she had attended the City of Deltona’s Commission meeting. She explained that one of the City Commissioners asked Mr. Watts, representative for the Lefflers, if this would preclude the Lefflers from dealing with Volusia Forever and the response was "no." She further explained that the Lefflers would be free to negotiate with anyone interested in the acquisition of their property.

6. Meeting Schedule Update - Rob Walsh stated that the next Committee would be April21,2004, at the VOTRAN Facility, 950 Big Tree Road, South Daytona, from 3:30p.m. to 5:30p.m. At this meeting, the Committee would elect a Chair and Vice-Chair, as required by the Committee's By-Laws. He further stated that staff would recommend the cancellation of the meetings scheduled for May and June with the next meeting being held on July 21, 2004. At this meeting the Committee would determine the eligibility of any properties submitted during the 1st Cycle of 2004 (January 1, 2004 thru June 30, 2004).

The Committee agreed with County staff's recommendations, and cancelled the May and June meetings.

Adjournment
Meeting adjourned at 5:02p.m.