VOLUSIA FOREVER ADVISORY COMMITTEE
Minutes
Wednesday, July 16, 2003
3:30p.m. - 5:30p.m.
VOTRAN Bus Facility
950 Big Tree Road
South Daytona, Fl 32119

Phil Maroney, Vice-Chair, called the meeting to order at 3:32p.m.

Phil Maroney, Vice-Chair, instructed the Recording Secretary to record the roll of the Members in attendance, in which six (6) Members were present. Chair Carrie Stewart, and Members Anne Hallum and Alan Alshouse were recorded as an Excused Absence.

Phil Maroney, Vice-Chair, called for a motion to approve the June 18, 2003, Minutes. Member Gordon Kipp made a motion to approve the June 18, 2003, Minutes as amended. Member Robert Williams seconded the motion that carried by unanimous voice vote.

Rob Walsh explained that the three (3) properties being discussed to determine if they are eligible for further consideration under the Volusia Forever Land Acquisition Program where the last applications received for the 1st Cycle of 2003. This cycle closed on June 30, 2003. He further explained that any applications received between January 1, 2003, and June 30, 2003, which have been determined as eligible, would be ranked by the Committee at their September 17, 2003, meeting.

Loed Realty Property – Rob Walsh provided the following information about this property:

it is 3.15 acres in size, consisting of 3 parcels;

it is located in the City of Ormond Beach off Granada Boulevard;

it abuts property owned by the City of Ormond Beach, which contains Misner's Branch (a feeder creek to the Tomoka River; a Florida Outstanding Waterway);

it consists primarily of wetlands, per a preliminary wetlands jurisdiction determination by FDEP; and

it meets 4 of the Committee's 26 ranking criteria with 3 of the 14 Primary Criteria being met.

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. He added that the City of Ormond Beach has expressed an interest in the acquisition of this property, as it would increase the size of their abutting property. He stated that the Committee would need to make the determination if this property is eligible and whether or not it would be appropriate to utilize Volusia Forever funds as a match with City of Ormond Beach. He reminded the Committee that this property only meets three (3) of the Primary Site Ranking Criteria.

Vice-Chair Phil Maroney stated that, even though this is a small parcel, there are certain criteria that a property must meet in order to be eligible for further consideration. Some of those criteria are access, connectivity, and opportunities for public use.

Rob Walsh stated that the City of Ormond Beach indicated that they are willing to be a funding partner in the acquisition of this property. He added that the "Initial Review Report" should now be corrected to reflect that there is "likelihood of matching funds." The property would now meet 5 of the 26 Ranking Criteria. However, it still doesn't meet the required 4 of the 14 Primary Site Ranking Criteria for eligibility. He also added that at one time the City of Ormond Beach had been developing a bike path to address the issue of public access. However at this time, the City is not actively pursuing the development of a bike path.

Member Gordon Kipp expressed concerns regarding the issues of access and the size of the property. He also agreed that this property does not meet the requirements for eligibility.

Mr. Edward Marx of Loed Realty, property owner, was present to provide additional information about this property. He questioned why one of the Primary Criteria, "preservation of aquifers and springs and reduction of contaminants therein," was marked as "No" when there is a spring on the property that feeds Misner's Branch through a covered culvert.

Randall Sleister explained that the Initial Review Report was generated from information obtained in the office and does not include information that could be obtained from a site visit. He added that, generally in Volusia County, the true springs being fed from the Floridan aquifer are found along the St. Johns River, and wasn’t aware of any springs that would be found on the east side of Volusia County. However, the spring Mr. Marx is referring to could be ground water seepage from the surficial aquifer. Therefore, it is most likely not a true spring, according to the classic geological definition.

Douglas Weaver added that Resolution 2001-198, as amended, states that a property "should" meet four (4) of the Primary Ranking Criteria in order for a property to be considered as eligible for further consideration under the Volusia Forever Land Acquisition Program. He added that a determination of eligibility for a property meeting less than four (4) of the Primary Ranking Criteria would be a discretionary decision made by the Committee.

Member Robert Williams suggested utilizing the Small Lot Acquisition Program to acquire this property. He also suggested stipulating the amount of Volusia Forever Funds that would be utilized to acquire this property with the City of Ormond Beach.

Frank B. Gummey, III suggested that the City of Ormond Beach submit an application to Volusia Forever as a secondary grant source, which would address the issues raised by the Committee.

After discussing the potential for the City of Ormond Beach to be a funding partner, Douglas Weaver proposed continuing the eligibility determination for this property until the next Committee meeting, August 20, 2003. This would allow staff time to determine the City of Ormond Beach's intent, and to answer any concerns that staff and/or the Committee may have.

Rob Walsh explained that the City of Ormond Beach had provided County staff with a definitive answer, which would be that the City is interested in acquiring this property. However, there is not a definitive answer with regards to what level the City is willing to financially participate in the acquisition of this property.

Douglas Weaver reminded the Committee that they were reviewing the application to make a determination of eligibility. If the Committee determines that the property is eligible for further consideration, then any other issues regarding funding partnerships would be handled during the acquisition process.

Discussion continued regarding the City of Ormond Beach's interest in the acquisition of this property.

Member Reid Hughes and Linda White stated and also agreed that this property had not met the threshold requirements of eligibility. However, this would not preclude the City of Ormond Beach from submitting an application to the Volusia Forever Land Acquisition Program at a later date.

Member Gordon Kipp made a motion to accept the Loed Realty Property Application as an eligible project. Member Linda White seconded the motion that failed by a voice vote of 0 to 6, as Resolution 2001-198 requires an affirmative vote of at least five (5) Members to pass.

Festival Properties – Rob Walsh provided the following information about this property:

it is 2,900 acres in size, consisting of 6 parcels;

it is located off of SR 44 and Pioneer Trail in the area of New Smyrna Beach and the unincorporated area of Samsula;

it is located within the Volusia Conservation Corridor, the County's overriding conservation area, and on the Committee's Group "A" List of eligible properties;

it is a fee simple acquisition;

the potential funding partners would be the State and Water Management District; and

it meets 17 of the Committee's 26 ranking criteria with 12 of the 14 Primary Criteria being met.

Mr. Robert Kellar of Coast Realty of East Florida, Inc., representative for the property owner, was present to provide additional information and/or answer any questions from the Committee. He stated that this property substantially furthers the goals of the Volusia Forever Land Acquisition Program as set forth in the Ranking Criteria. He added that the property owner is a developer and that there is a potential for the property owner to negotiate for road frontage property. He also added that additional property, which contains a borrow pit and is approximately 100 acres in size, could be submitted to the Volusia Forever Land Acquisition Program for acquisition at a rate of $1,000 per acre.

Robert Williams asked if this property was directly connected to the Southern Pines Plantation property.

Randall Sleister stated that there was Water Management District property, along with private property, separating these properties.

Member Reid Hughes made a motion to accept the Festival Properties Application as an eligible project. Member Linda White seconded the motion that carried by unanimous voice vote.

Vice-Chair Phil Maroney recommended reworking the Initial Review Report for clarification purposes.

Rob Walsh stated that staff agreed that the Initial Review Report needed to be reworked and changes would be made in the near future.

Russell Property (Port Orange) – Rob Walsh provided the following information about this property:

it is 18 acres in size with 7 acres being wetlands;

it is located on the south side of Spruce Creek (an Outstanding Florida Waterway), and west of I-95;

this application was developed by the City of Port Orange, and an application has also been developed and submitted for potential funding to Florida Communities Trust (FCT);

it has two (2) structures (a single-family dwelling and a barn);

there is a Planned Unit Development (PUD) issued on the uplands portion of this property, which creates a high potential for development; and

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

Ken Donahue, representative for the City of Port Orange, was present to provide additional information and answer any questions. He stated that the City of Port Orange intends to utilize this property for public use and an extension of the activities occurring on the Gamble Property. This property is located on Spruce Creek (an Outstanding Florida Waterway), and the acquisition would be for historic preservation, conservation and new access. He added that the only other point of public access to Spruce Creek would be from Spruce Creek Park, which lies south of Rose Bay on US Hwy. 1.

Vice-Chair Phil Maroney asked if there would be an opportunity for a canoe launch along the water frontage of this property.

Ken Donahue explained that an area for a canoe launch is planned for this property and the City is proposing limited access within the sanctuary along Spruce Creek. Access to the property would be via water by utilizing a canoe from the Gamble Property, which lies northeast of the Russell Property. He added that the single-family dwelling, which is 5,000 square feet, could be utilized as a trailhead.

Randall Sleister added that the management plan for Spruce Creek Preserve includes several canoe launching sites. However, all the canoe launching sites have not been implemented as public access and uses are in the development stage.

Mr. Russell, property owner, was present to provide additional information and answer any questions.

Rob Walsh asked Mr. Russell if he accessed his property through the gated subdivision.

Mr. Russell replied that there is permanent access to this property by a 150-foot wide easement, known as Deerfeed Trail.

Randall Sleister asked if there were any restrictions/conditions associated with the easement (i.e., easement use restricted to the property owners only), as issues could arise regarding public access.

Mr. Russell stated that Deerfeed Trail, which was part of the easement, is now part of the community's road structure. The easement was dedicated to the property and not the property owner. Therefore, Deerfeed Trail could be utilized for public access.

Vice-Chair Phil Maroney asked if there were any management issues regarding the structures on the property (single-family dwelling and barn).

Douglas Weaver referenced Section 4, Paragraph g of Resolution 2001-198, as amended, which discourages the acquisition of structures (single-family dwellings). However, it doesn’t stipulate that it is prohibited. Although the acquisition is not prohibited, the added expense of the structure would drive up the overall costs. He questioned whether this would be the best utilization of Volusia Forever funds, as the goals and values of the Program are to protect and manage environmentally sensitive lands, areas necessary for water resource protection and outdoor recreation sites for the purposes of conservation and resource-based recreation. He suggested that the Committee refrain from creating a checkerboard effect by acquiring smaller parcels here and there, which could create land management issues or concerns. He reminded the Committee that this property doesn't adjoin other public lands and the intent is to acquire properties of high impact (larger tracts), which would give the "most bang for the buck," and to aggregate thousands of acres. He added that this property sits on the eligibility cusp, which means the Committee could determine that it is eligible or ineligible for further consideration. He asked Mr. Donahue what had been indicated on the FCT application as the partnership request.

Mr. Ken Donahue stated that the FCT application indicated a 50/50 partnership request.

Vice-Chair Phil Maroney requested clarification on the City of Port Orange's intent; would the roadway access be blocked to the Russell Property and access would be strictly via water.

Mr. Ken Donahue responded that if the property is acquired the City would assume the responsibilities for managing the property and the structures under their Parks and Recreation Department, which would require roadway access to the property. The City foresees utilizing the parking facilities on the Gamble Property and traveling by canoe to the Russell Property. However, public access could also be provided via Deerfeed Trail, which would provide both land and water access to the property.

Member Robert Williams compared the possible uses of this property with a park on the Wekiva River that was acquired through the Seminole County Natural Lands Program. This park was created to provide limited access to the Wekiva River. It also incorporated the existing structures (single-family dwelling and barn) to create on-site security and resource-based recreation (i.e., covered picnic area).

Member JoAnn O'Bannon deemed it more appropriate for the City of Port Orange to pursue a funding partnership with FCT rather than Volusia Forever for the acquisition of this property.

Douglas Weaver stated that it is acceptable for the City of Port Orange to apply to FCT and Volusia Forever for funding. He added that the level of the funding partnership had not been determined. If the property is determined to be eligible at this meeting, then at the time of ranking the Committee may be provided additional information regarding the potential funding opportunities.

Member Reid Hughes made a motion to accept the Russell Property (Port Orange) Application as an eligible project. Member Gordon Kipp seconded the motion that failed by a voice vote of 4 to 2, as Resolution 2001-198 requires an affirmative vote of at least five (5) Members to pass.

Staff Updates
Rob Walsh stated that an updated Ranking Summary had been provided to the Committee because three (3) properties closed and were now in public ownership. The properties that were deleted from the Ranking Summary were 1) Sea Horse Farm, 2) Smith and 3) Timberlands Consolidated.

Upon staff’s recommendation, the Committee agreed to cancel the August 20, 2003, Committee meeting. Rob Walsh explained that the next Committee meeting would be held on September 17, 2003, from 3:30 to 5:30 p.m., and this would be the Committee’s ranking meeting.

Rob Walsh stated that staff on July 17, 2003, would be presenting to the County Council for its approval the joint conservation easement acquisition with the St. Johns River Water Management District on the Norman Fore Property.

Adjournment
Meeting adjourned at 4:28p.m.