VOLUSIA FOREVER ADVISORY COMMITTEE
Minutes
Wednesday, June 18, 2003
3:30p.m. - 5:30p.m.
Thomas C. Kelly Building
123 West Indiana Avenue, Training Rooms 1 & 2, DeLand, Fl 32720

Meeting Called to Order
Carrie Stewart, Chair, called the meeting to order at 3:34p.m.

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. Member Linda White was recorded as an Un-Excused Absence.

Recognitions/ Awards Presentations
Chair Carrie Stewart presented Certificates of Appreciation to former Members Richard Schuler and Dennis Bayer for their contributions over their two (2) year term in creating the Volusia Forever Application, Committee's Ranking Criteria and Selection Process. She also presented a Plaque of Appreciation to the former Chair, Member Reid Hughes, for his contributions and guidance during his two (2) one-year terms as the founding Chair.

Rob Walsh presented a copy of the 2003 NACo Achievement Award that was awarded to the Volusia Forever Land Acquisition Program. He explained that the benefit to receiving the NACo Award would be the prestige associated with being a recipient of a national award.

Approval of Minutes
Carrie Stewart, Chair, called for a motion to approve the April 16, 2003, Minutes. Member Gordon Kipp made a motion to approve the April 16, 2003, Minutes as prepared by staff. Member Phil Maroney seconded the motion that carried by unanimous voice vote.

Discussion of Norman Fore Property
Rob Walsh presented a PowerPoint presentation along with an additional map depicting the property’s location, and provided the following information about this property:

1. it is in the Volusia Conservation Corridor, which is the County's overriding priority and on the Committee's Group "A" List of eligible properties;

2. it is located in the southwest area of the County between the Donald Ray Fore Property to the north and Marvin Kelly Fore Property to the south, with the eastern boundary being Ashby Canal and the western boundary being SR 415;

3. it is approximately 813 acres in size with 515 acres (63%) uplands and 298 acres (37%) wetlands;

4. a majority of the property is within the 100-year flood plain;

5. the zoning classifications are Resource Corridor, Prime Agriculture and Forestry Resource;

6. the habitat types include forested wetlands, freshwater marsh, oak hammock, native flatwoods, and improved pasture;

7. it is a $1,830,000 joint less-than-fee acquisition (conservation easement) with the St. Johns River Water Management District, with the funding contributions being 25% District and 75% County; and

8. the St. Johns River Water Management District's Governing Board approved the proposed joint acquisition at their June 10, 2003, Meeting.

He reviewed the conditions outlined in the proposed conservation easement and the prohibitions, and added that these conditions and prohibitions fall in line with the conservation easement agreements on the Donald Ray Fore, Marvin Kelly Fore and WT Ranch Properties. The only difference with this conservation easement when compared to the others is that the seller's rights include the negotiation of sale or transfer of public water supply well sites. He added that the County and District have the perpetual right of first refusal. The District would be conducting the annual inspection of the property to ensure that none of the conditions or prohibitions has been violated. The District reserves the right to delineate the uplands and the wetlands; review and approve the management plan; and approve the buyer of public water supply well sites. He stated that staff was requesting that the Committee provide their recommendation/approval to proceed with the proposed joint acquisition of the Norman Fore Property. He added that the proposed acquisition would be presented to the County Council on July 17, 2003, for their approval. He introduced Ray Bunton of the St. Johns River Water Management District, who was present to provide additional information and to answer any questions.

Member Phil Maroney asked if the conservation easement is acquired, who would be responsible for any site management/maintenance issues that may occur.

Rob Walsh stated that since this is a conservation easement, the owner retains title and all the rights to the property, and is responsible for all the maintenance on the property. The District usually conducts annual inspections of properties to see what has occurred on a property and to ensure that the prohibitions have not been violated.

Member Anne Hallum requested clarification regarding the property division and the creation of additional structures on 5-acre homesites, which gives the appearance that development is being allowed.

Rob Walsh explained that the owners would be permitted to divide and potentially sell the property, but could not divide the property into more than 4 parcels. These 4 parcels would each be permitted to have one homesite constructed on at least 5 acres with the total aggregate of all the parcels with buildings limited to no more than 10,000 square feet under roof.

Member Anne Hallum asked what the size requirement would be for each of the 4 parcels.

Rob Walsh responded that there wasn't a requirement for the size of each parcel. However, there could only be 4 parcels created from the division of the property.

Member Reid Hughes asked what the restrictions would be regarding the silviculture operation.

Ray Bunton explained that the property owners would have to follow the BMPs and there would be no harvesting in the wetlands except for some limited cypress harvesting for lumber production on-site for on-site construction.

Chair Carrie Stewart asked if the 4 homesites would make it necessary for a road system.

Rob Walsh stated that the property owners would be allowed to put in limited access, all weather dirt roads, in order to access the homesites. However, the road can't be a paved roadway.

Ray Bunton added that a roadway system is already in existence and the property owners may choose to utilize them to access the homesites.

Member Phil Maroney made a motion to forward the Committee’s approval and recommendation that the County Council approve the joint acquisition of the Norman Fore Property with the County contributing 75% of the purchase price (approximately $1,372,000) and a proportional share of the closing costs. Member Gordon Kipp seconded the motion that carried by unanimous voice vote.

Rob Walsh explained that the first four (4) applications being presented for determination of eligibility were presented to County staff by the City of DeBary. He introduced and recognized Mr. Richard Diamond, City Manager for the City of DeBary, who was present to provide additional information or answer any questions. He explained that the City's objectives in submitting these applications were to preserve some of the last remaining undeveloped parcels along the St. Johns River, provide passive outdoor recreation to the citizens of the County and the City of DeBary, and restore these properties to their natural state/condition. A map depicting the location of the four (4) properties and were they lie in relation to each other was provided by County staff. The City of DeBary took the lead on assembling the applications and obtaining "willing seller statements" from each property owner. The City is also in the process of pursuing another application from the Empire Cattle Company's property owners.

Member Reid Hughes asked if the City of DeBary would be a funding partner for the potential acquisition of these applications should the Committee determine them to be eligible for further consideration under the Volusia Forever Land Acquisition Program.

Rob Walsh responded that the City would be willing to be a funding partner.

Member Reid Hughes asked how much of a funding contribution would the City be willing to make; what percentage of the price.

Richard Diamond responded that the funding contribution percentage had not been determined. However, the City would be willing to make a reasonable contribution to acquire these properties.

Douglas Weaver added that as the properties move through the acquisition process, the City's funding contribution percentage would be determined.

1. Eagan Property – Rob Walsh provided the following information about this property:

1. it is 170 acres in size;

2. it is located on the St. Johns River, which is a major manatee habitat and is an American Heritage River, within the city limits of Debary, off I-4, near Lake Monroe;

3. a dyke has been constructed around the property for the cattle operation;

4. it consists of cypress swamp and wet prairie;

5. there is a link to the Wekiva Conservation Area;

6. it is actively being marketed; and

7. it meets 14 of the Committee's 26 ranking criteria with 10 of the 14 Primary Criteria being met and 5 criteria being unknown.

He reminded the Committee that Resolution 2001-198, as amended, requires that an application must meet a minimum of 4 of the 14 Primary Site Ranking Criteria to be considered as eligible for further consideration.

Member Phil Maroney stated that according to the Property Appraiser's information, the property is "good native pasture", and asked what type of property could the Volusia Forever Program potentially be acquiring (i.e., wetlands) and what could be the seller's expectations.

Rob Walsh responded that the appraisal process would determine the potential acquisition costs and the type of property (wetlands vs. uplands) the Volusia Forever Program could potentially be acquiring.

Bill Riggle of Coast Realty, representative for the property owner, added that a survey of the property delineates approximately 170 acres of improved, waterfront pasture.

After reviewing a photograph provided by Mr. Riggle, Member Phil Maroney questioned when the picture had been taken (after it had rained) and if the property is wetlands.

Randall Sleister responded that even though the property consists primarily of improved pasture, it could still be considered as wetlands.

Member Phil Maroney asked if Florida Communities Trust (FCT) had been approached, as the application’s "Willing Owner Statement" indicates that the property owner is willing to entertain a purchase offer from the applicant (City of Debary) and FCT.

Richard Diamond, City Manager for the City of DeBary, stated that FCT had been contacted and were aware of the Volusia Forever Application, but FCT had not taken any action regarding the potential acquisition of the property.

Rob Walsh added that a formal application had not been filed with FCT for funding.

Douglas Weaver stated that an FCT application may not be necessary as there is a local funding partner (City of DeBary).

Member Robert Williams asked staff what the intent would be if the property was acquired (i.e., would the dikes on the property be removed). He also expressed the same concerns as Member Phil Maroney with regards to the value of the property (wetlands vs. improved pasture).

Randall Sleister stated that, if the property were acquired, any determination regarding the use of the property would be made when the County and the City developed the management plan. However, the potential exists for removing the dikes and restoring the area to a more natural condition.

Frank B. Gummey, III added that the appraisals would be based upon the current usage of the property.

Member Robert Williams made a motion to accept the Eagan Property Application as an eligible project. Member Jo Ann O’Bannon seconded the motion that carried by unanimous voice vote.

2. Murphy Property – Rob Walsh provided the following information about this property:

1. it is 102 acres in size, consisting of two (2) parcels and lies to the north of the Eagan Property;

2. it is located on the St. Johns River, which is a major manatee habitat and is an American Heritage River, within the city limits of Debary, off I-4, near Lake Monroe;

3. it has an active cattle operation with fenced off areas and structures (i.e., pole barn);

4. there is a spillway from Lake Konomac that flows into a creek that traverses this property and flows into the St. Johns River;

5. there is a link to the Wekiva Conservation Area; and

6. it meets 13 of the Committee's 26 ranking criteria with 9 of the 14 Primary Criteria being met and 5 criteria being unknown.

Member Reid Hughes made a motion to accept the Murphy Property Application as an eligible project. Member Anne Hallum seconded the motion that carried by unanimous voice vote.

3. Gardella Property – Rob Walsh provided the following information about this property:

1. it is 40 acres in size and the Oglesby Property abuts the property at the north boundary;

2. it is located on the St. Johns River, which is a major manatee habitat and is an American Heritage River, within the city limits of DeBary, off I-4, near Lake Monroe;

3. it has been utilized for cattle operations;

4. there is a link to the Wekiva Conservation Area;

5. it contains heavy pine and mesic oak areas;

6. it is actively being marketed with an asking price of $376,000; and it meets 11 of the Committee's 26 ranking criteria with 9 of the 14 Primary Criteria being met and 5 criteria being unknown.

Member Phil Maroney noted that the Initial Review Report indicates that there is no access. He asked if the potential acquisition of this property would be hinged upon the acquisition of the Oglesby Property.

John Gardella, property owner, stated that there is a 40 foot deeded access off of Barwick Road.

Randall Sleister asked Mr. Gardella where the 40 foot deeded access was located.

John Gardella responded that the access is on the south side of the Oglesby Property.

Rob Walsh stated the property now meets 10 of the 14 Primary Criteria with the property owner disclosing the means to accessing the property.

Member Anne Hallum asked, since this property was actively being marked, if the four (4) properties being submitted by the City of Debary (Eagan, Murphy, Gardella and Oglesby) were being pursued as a package or individually.

Douglas Weaver replied that each application is being pursued individually.

Member Reid Hughes made a motion to accept the Gardella Property Application as an eligible project. Member Phil Maroney seconded the motion that carried by unanimous voice vote.

4. Oglesby Property – Rob Walsh provided the following information about this property:

1. it is 32 acres in size, consisting of two (2) parcels and the Gardella Property abuts the property at the south boundary;

2. it is located on the St. Johns River, which is a major manatee habitat and is an American Heritage River, within the city limits of DeBary, off I-4, near Lake Monroe;

3. a large FPL transmission line bisects this property;

4. there is a link to the Wekiva Conservation Area;

5. it contains heavy pine and mesic oak areas;

6. it dead ends into the Meadowlea Trailer Park;

7. it has been utilized for cattle operations; and

8. it meets 12 of the Committee's 26 ranking criteria with 9 of the 14 Primary Criteria being met and 5 criteria being unknown.

Member Reid Hughes made a motion to accept the Oglesby Property Application as an eligible project. Member Gordon Kipp seconded the motion that carried by unanimous voice vote.

5. Russell Property – Rob Walsh provided the following information about this property:

1. it is 28 acres in size, consisting of two (2) parcels (18 acres and 10 acres) that straddle the Tomoka River, which is an Outstanding Florida Waterway and manatee habitat;

2. 18-acre parcel

   1. is located on SR 40 west of I-95 in Ormond Beach abutting the Calvary Christian Church;

   2. it has three (3) structures (two homesites and a barn type structure);

   3. there is a dock; and

   4. it is zoned multi-family, which makes this property ripe for development;

3. 10-acre parcel

   1. there is no access to the property as it sits behind a development.

4. staff has not identified a potential funding partner; and

5. it meets 11 of the Committee's 26 ranking criteria with 8 of the 14 Primary Criteria being met and 5 criteria being unknown.

Member Phil Maroney asked if the property was located within the city limits of Ormond Beach.

Ed Isenhour responded that the 10-acre parcel is within the city limits of Ormond Beach and the 18-acre parcel was not.

Member Phil Maroney asked if the City of Ormond Beach had funds set aside for land acquisitions.

Rob Walsh explained that the City of Ormond Beach had funds set aside for land acquisitions, but they are limited.

Member Reid Hughes asked what the asking price was for the property.

Bill Riggle of Coast Realty of East Florida, Inc. and representative for the property owners, stated that the asking price was $3 million.

Member Robert Williams presented the question, "are we in the business of buying land that has residential structures?" He also brought up the point that this property could provide protection from development and upstream access to the Tomoka River.

Douglas Weaver explained that Section 4, Paragraph (g) of Resolution 2001-198, as amended, addresses the issue of buying land with single-family dwellings. The Paragraph reads: "Therefore, acquisition of structures, including single-family dwellings, is discouraged." He added that the acquisition of land with single-family dwellings would take substantially more funding to acquire and the Committee would have to consider and make the determination to potentially buy a small parcel of land with a home versus buying a larger parcel with or without a home. However, the Committee’s determination today would be whether or not the property meets the Committee’s criteria for eligibility.

Member Reid Hughes expressed his concerns regarding the amount of time and effort expended on pursuing a property that may never come into fruition. He added that he viewed this property as a prime candidate for becoming a park for the City of Ormond Beach and the Committee was not the source to fund a park for the City of Ormond.

Bill Riggle responded that the 10-acre parcel is in a natural state and the 18-acre parcel does have a single-family dwelling with the majority of the property being left in a natural state. He agreed that this property would make a nice location for a park to be utilized by the public.

Discussion continued regarding the potential acquisition of this property for a city park with Member Anne Hallum expressing the need to provide passive outdoor recreation opportunities to the community.

Douglas Weaver explained that the type of park that Member Reid Hughes was expressing his concerns about would be an active park (i.e., ball field).

Member Phil Maroney also expressed a concern regarding the potential acquisition of a smaller parcel of property with a single-family dwelling versus the need to preserve and protect the Tomoka River.

Bill Riggle asked if the Committee had a size limit on the properties they would consider for acquisition.

Member Phil Maroney responded that the Committee reviews all applications regardless of size. However, the trend thus far has been towards the larger properties.

Member Reid Hughes stated that the Committee has been tasked with being good stewards of the Volusia Forever funds.

Douglas Weaver reminded the Committee that the determination being made today was whether or not this property meets the Committee eligibility criteria. In the fall when the Committee ranks the eligible property, the determination would be made as to which list for acquisition the property should be on, Group "A" or "B".

Member Gordon Kipp made a motion to accept the Russell Property Application as an eligible project. Member Alan Alshouse seconded the motion that carried by a voice vote of six (6) to two (2) with Members Phil Maroney and Reid Hughes opposing.

Member Reid Hughes again expressed his concerns regarding the amount of time and effort expended on pursuing a property that may never come into fruition.

6. Krol Property – Rob Walsh provided the following information about this property:

1. it is 667 acres in size, consisting of two (2) parcels off of SR 415 (Tomoka Farms Road);

2. it consists of pine forest and scrub; and

3. it meets 14 of the Committee's 26 ranking criteria with 9 of the 14 Primary Criteria being met and 7 criteria being unknown.

Robert Kellar of Coast Realty of East Florida, Inc. and representative for the property owners, stated that there is access on SR 415, and the owners are interested in preserving this land by putting it into public ownership. He added that th is property is prime for development of single-family dwellings and potentially a golf course.

Member Phil Maroney noted that the Initial Review Report indicates that this property provides connectivity/linkage to other conservation land and asked what conservation land this property connected to.

Randall Sleister responded that the connectivity would be to the Vargal Property, which is jointly owned by the City of Port Orange and the County, and lies directly west of the Krol Property.

Member Phil Maroney asked if there was a powerline easement that traverses this property.

Randall Sleister stated that there are two (2) powerline easements on this property. This property potentially contributes to the headwaters of Spruce Creek and/or the Tomoka River.

Member Alan Alshouse asked if this would be scrub jay habitat.

Randall Sleister stated that he did not believe that this would be good scrub jay habitat as the property consists primarily of wet and mesic flatwoods. He added that this determination was made after reviewing aerial photographs of the property.

Member Reid Hughes made a motion to accept the Krol Property Application as an eligible project. Member Phil Maroney seconded the motion that carried by unanimous voice vote.

Staff Updates
County Council Approval of Last Rankings – Rob Walsh explained that the County Council amended the Committee’s approved 2002 2nd Ranking List by moving the Kirton Farm/Akins Property to the Group "A" List as staff determined that the USDA could be a potential funding partner.

Douglas Weaver added that staff had submitted an application to the USDA for funding, and within the next month staff should know if the application was approved. If the application is approved and ranked for funding, an agreement would be entered into with USDA and the County would have two (2) years to acquire the property.

SJRWMD Funding Decision - Rob Walsh stated that County staff met with the St. Johns River Water Management District’s staff last month and the District indicated that they would not be a funding partner for any additional parcels in the Lake George Management Area. He added that this decision directly impacts several properties on the Group "A" List, which are the Mayo, Kilian and Corbett Properties, as it eliminates a funding partner. The Harrington Property is currently on the Group "A" List, but is now under contract to a third party. Staff may suggest at the next ranking meeting that these properties be moved to the Group "B" List until a funding partnership can be established.

Douglas Weaver added that an administrative decision had been made by County staff to move forward with the appraisals for the Corbett Property.

Rob Walsh reminded the Committee that the Corbett Property’s application came from staff’s efforts in actively contacting the property owners in the Lake George Management Area. He stated that any additional applications in this area would not actively be pursued by County staff, as there is no longer a funding partner.

Douglas Weaver stated that the 60-acre Phil Smith Property, a Lake George In-Holding, closed on Monday, June 16, 2003. He explained that the District’s Governing Board has deemed it to be less beneficial to acquire smaller pieces of property, which doesn’t allow the most bang for the buck.

Chair Carrie Stewart asked if the Lake George Management Area was the only area that the District no longer deems as a priority.

Rob Walsh explained that during discussions with District staff, County staff specifically discussed the Lake George Management Area, as there are several Volusia Forever applications within that area. However, District staff had specified that their primary interest in being a funding partner would be with properties that are in the Volusia Conservation Corridor or in an area where the District has mitigation monies. He referenced the ranking list and stated that the only property that the District expressed an interest in being a funding partner was the O’Reilly-King Property because that property lies in a basin where the District has mitigation monies.

Douglas Weaver reminded the Committee that Resolution 2001-198, as amended, contains language that allows the acquisition of property solely with Volusia Forever Funds and the ability to seek a funding partner after the fact. He stated that there would be risks involved with acquiring property without a funding partner and that the Committee would have to make that determination based on the priorities of this County, whether or not they coincide with other potential funding agencies.

Member Alan Alshouse suggested utilizing the mitigation tool as a way to acquire the smaller properties. This could be a way to maintain the property for its natural integrity and allow a little profit.

Current Acquisitions Status – Rob Walsh reviewed the acquisition status of the Group "A" List, as follows:

Stanaki – the state is in the process of appraising the property.
Smith Lake George – this property closed on Monday, June 16, 2003.
Ocklawaha – the state is in the process of appraising the property.
Catholic Diocese – a contract has been signed and approved. Closing should occur within the next several months.
Mayo – there is no activity, as the District is no longer the funding partner.
Harrington – this property is being sold to a third party.
Kilian – there is no activity, as the District is no longer the funding partner.
Corbett – staff is moving forward with the appraisals.
Timberlands Consolidated – closing to occur within the next couple of weeks (July 2003). There was a delay due to survey issues.
Hamlin-Dann – there is no activity, as the District is not interested in being a funding partner and staff doesn’t deem it to be a viable FCT application. Staff may suggest that this property be moved to the Group "B" List until a funding partner is established.
Townsend-Schroeder Trust – staff has just begun to review and assess the acquisition potentials. Staff will be meeting with the property owners. Doug Weaver added that this property is in the Volusia Conservation Corridor and staff would be meeting with the Florida Department of Environmental Protection (DEP) staff to obtain a funding partner.
O’Reilly-King – the District is interested in being a funding partner. An on-site meeting would occur in July with the property owners, District staff and County staff.
Sea Horse Farm – Florida Division of Forestry (DOF) has a contract on the property.
Ponce Preserve Project – County staff has identified three (3) parcels to begin the first step of the acquisition process (i.e., appraisals).
Kirton Farm/Akins – an application for funding has been submitted to USDA for approval.

Other Business
Member Reid Hughes stated that he was actively involved with the "Save the Loop " project, which is an important ecosystem and a vital area with regards to the public’s interest as 1,000s of acres are in public ownership. The Park Service has expressed the desire to save some additional properties that are key to the ecosystem. He added that the potential for funding from the Park Service has been discussed with Douglas Weaver, and County staff has been requested to pursue the funding avenues to acquire additional parcels. He also stated that any additional information regarded the "Save the Loop" project would be forward to County staff.

Adjournment
Meeting adjourned at 4:40p.m.