VOLUSIA FOREVER ADVISORY COMMITTEE
Minutes
Wednesday, September 17, 2003
3:30p.m. - 5:30p.m.
Deland Regional library
130 East Howry Avenue, Auditorium, 1st Floor, DeLand, Fl 32720

Also in Attendance

Carrie Stewart, Chair, called the meeting to order at 3:32p.m.

Carrie Stewart, Chair, instructed the Recording Secretary to record the roll of the Members in attendance, in which seven (7) Members were present. Members Gordon Kipp and Alan Alshouse were recorded as an Excused Absence.

Carrie Stewart, Chair, called for a motion to approve the July 16, 2003, Minutes. Member Linda White made a motion to approve the July 16, 2003, Minutes, as presented. Member Jo Ann O'Bannon seconded the motion that carried by unanimous voice vote.

Presentation and Discussion of the LeFils Property - Rob Walsh presented a PowerPoint presentation, which included a location map, and provided the following information about this property:

It is approximately 1,724 acres in size with 1,352 acres (78%) uplands and 372 acres (22%) wetlands; 42% of the property is within the 100-year flood plain;

It is located east of the City of Deltona and north of Osteen on the west side of CR 415 directly across the road from the Marvin Kelly Fore, Norman Fore, Donald Ray Fore, and WT Ranch Properties (all protected by conservation easements purchased jointly by the District and Volusia County);

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;

It is a "less than fee" (conservation easement) acquisition between the St. Johns River Water Management District (29%), the USDA Farm and Ranch Land Protection Program (42%), and Volusia County (29%);

The development potential is high as there are proposals to widen CR 415; and

The St. Johns River Water Management District's Governing Board approved the proposed joint acquisition at their September 9, 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 Norman Fore, Donald Ray Fore, Marvin Kelly Fore and WT Ranch Properties. He added that the 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. He stated that staff was requesting that the Committee provide their recommendation and approval to proceed with the proposed joint acquisition of the LeFils Property. He added that the proposed acquisition would be presented to the County Council on October 16, 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.

Chairman Carrie Stewart asked what would be the consequences for non-compliance of the management plan.

Ray Bunton stated that the ultimate enforcement of non-compliance of the management plan would be through a court action. Typically, differences of opinion are handled by meeting with the parties involved to discuss and clarify any non-compliance issues. If the meetings do not resolve the differences, then the next step would be mediation. If mediation fails, then the next step would be a court action. Historically, any differences of opinion have been resolved without a court action.

Member Robert Williams stated that he had a potential conflict of interest, as a member of the LeFils family is his accountant.

Frank B. Gummey, III, legal representative, stated that Member Robert Williams could vote and there was not a conflict of interest.

Member Reid Hughes made a motion to forward the Committee’s approval and recommendation to add the LeFils Property to the Group "A" List to the County Council for their approval. Member Phil Maroney seconded the motion that carried by unanimous voice vote.

Rob Walsh presented the current 2002 2nd Cycle Ranking List and stated that staff would request that the Ranking List, which was approved by County Council on April 24, 2003, be amended. As the St. Johns River Water Management District is currently not interested in being a funding partner for any additional properties in the Lake George Conservation Area, it is staff's recommendation that the Mayo, Kilian and Harrington properties be moved from the Group "A" to the Group "B" List.

Member Reid Hughes made a motion amending the County Council approved 2002 2nd Cycle Ranking List by moving the Mayo, Kilian and Harrington properties from the Group "A" to the Group "B" List. Member Linda White seconded the motion that carried by unanimous voice vote.

Discussion ensued regarding funding sources/partners with Douglas Weaver explaining that staff has been exploring different funding options, which included a trip to Tallahassee to meet with state land acquisition program staff.

Evaluation and Ranking of Eligible Applications - Rob Walsh explained that the nine (9) properties listed on the Agenda, which were deemed as eligible during the 1st Cycle of 2003 (1-1-03 through 6-30-03), were being ranked to determine their placement on the Group "A" or "B" List. He added that the properties on the current Group "A" List would not be presented as this is the active acquisition list and staff was actively pursuing them for purchase. He further explained that staff would be reviewing the evaluation reports of these nine (9) properties and the Committee would then rank each property separately for placement on the Group "A" or "B" List.

At the request of Member Reid Hughes, Rob Walsh provided the following review of the Ranking Process/Procedures:

All properties that have been determined as eligible would be evaluated with staff providing a review of the evaluation reports, and slide presentation/pictures of the properties.

This would be followed by Questions and Answers from the Committee to staff and/or property owner/representative.

Property Owner/Representative would be allotted time to provide any additional information.

Public participants would be allotted time for comments.

The Committee would rank each property (Group "A" or "B") by taking a voice vote.

The Committee would forward their recommendations to the County Council for approval.

Rob Walsh and Randall Sleister provided pictures and a brief overview of each property as follows:

Scheible Property – This property is 10 acres in size, located on Nine Mile Road near the Town of Pierson and is an in-holding within the Lake George Conservation Area. This application was generated through County staff being proactive in this area. It is heavily forested and consists primarily of wet flatwoods. County staff approached the District to determine what their interest would be in the acquisition of this property and the District indicated that they did not have an interest in being a funding partner at this time. However, staff believes that the County could acquire this property at 100% of the acquisition costs as the County solicited the property owners and the purchase price is reasonable enough for the County to absorb the costs 100%. The property requires some restoration, which would include tree thinning and prescribed fire. It is anticipated that the management of the property would be incorporated into the existing management of the Lake George Conservation Area.

Member Robert Williams asked how much weight should be placed on the Committee’s determination to add a property to the Group A or B List regarding whether there is a funding partner or not.

Rob Walsh explained that how the Committee ranks a property based upon a funding partner is a critical compone nt. He further explained that Resolution 2002-218, Section h, emphasizes that Group A Listed properties should be eligible for matching funds.

Frank B. Gummey, III added that the language contained in Resolution 2002-218, Section h, states that "each property within Group A shall be eligible for matching funds from other sources." He explained that "shall" is interpreted as meaning, "must." Therefore, any property being considered for the Group "A" List must have a funding partner.

Member Anne Hallum expressed a concern regarding the requirement of a funding partner in order to be eligible for placement on the Group "A" List, especially after County staff solicited the property owner to participate in the Volusia Forever Land Acquisition Program.

Larry Mullins, a public participant, suggested that staff recommend to the County Council the need to move a property from the Group "B" to the "A" List, if staff can justify the importance of acquiring the property.

Discussion continued regarding the placement of properties on the Group "A" or "B" List. Douglas Weaver added that a property could be moved from one list to the other based on a funding partner, and a Group "B" Listed property may remain on that list for at least four (4) ranking cycles before the Committee could recommend its removal.

Randall Sleister stated that there are many potential funding partners that have not been identified and/or solicited.

Member Reid Hughes made a motion to add the Scheible Property to the Group "B" List. Member Linda White seconded the motion that carried by voice vote of 6 to 1 with Member Anne Hallum opposed.

Audobond Property - This property is 60 acres in size consisting of six (6) 10-acre contiguous parcels, located in the Community of Glenwood at the intersection of Highland Park Road and Audubon Avenue near the Highland Park Fish Camp. The surrounding area is primarily a mixture of large lot single-family residences, undeveloped properties and conservation land. It is zoned as Prime Agriculture and assigned the future land use category of "Rural". This property connects to the Lake Woodruff National Wildlife Refuge at its southwestern corner. The potential for historical/archeological significance exists, according to the County's Historic Preservation Officer; however, not enough information is available to provide a formal recommendation. It consists of scrubby to mesic flatwoods with some wetlands on the southern portion. Small ephemeral depression marshes are located towards the center of the property. The property requires some restoration, which would include tree thinning and prescribed fire. Fire would be the primary management tool. However, the management of the property by the County would be difficult as the property does not connect to other County owned/managed conservation lands and it is in close proximity to a residential area to the east. County staff approached the District to determine what their interest would be in the acquisition of this property and the District indicated that they did not have an interest in being a funding partner. However, an alternate funding source could be through the Federal Government, although no discussions have been held with their representatives to explore this option.

Discussions continued regarding the requirement for funding partners with Member Anne Hallum expressing a concern that this requirement was the determining factor as to which list (Group "A" or "B") a property would be placed on.

Frank B. Gummey, III again referenced the term "shall" be eligible for matching funds and asked the question; "does this mean now or in the future."

Douglas Weaver added that Resolution 2002-218, Section h, also states: "Completion of acquisition properties within an approved project boundary of the P2000 or Florida Forever programs shall be given high priority." He explained that any property within these project boundaries would be considered as "eligible for matching funds" even though the State has not formally accepted the proposed joint acquisition.

Member Phil Maroney requested clarification as to the definition of "connectivity" as this property along with others do not directly connect with other conservation lands, but are separated by a road or body of water.

Rob Walsh stated that a property would have "connectivity" if it were directly connected to other conservation lands.

Randall Sleister added that there are two (2) types of connectivity, 1) direct connection to existing conservation lands, and 2) connection through natural areas to existing conservation lands.

Member Anne Hallum suggested that the old railroad bed could provide the connectivity to other conservation lands.

Member Anne Hallum made a motion to add the Audobond Property to the Group "B" List. Member Reid Hughes seconded the motion that carried by a unanimous voice vote (7 to 0).

Rob Walsh explained that the next four (4) properties were submitted by the City of DeBary. These properties are located on the St. Johns River, which is a major manatee habitat and is an American Heritage River. The existing land use pattern surrounding these properties is composed of residential, agriculture and electric utility uses. They have been assigned the future land use designation of "Environmentally Sensitive Lands" and "Mixed Use Area," which means that they support agricultural activities and allow a limited amount of residential dwellings. They are zoned as Resource Corridor and Rural Agriculture. The natural condition of each property has been converted to open pasture except for the shoreline area, and each will required some restoration.

Eagan Property - This property is 170 acres in size, located on Fort Florida Road in the City of DeBary. This property does not adjoin any conservation lands within Volusia County, but there are conservation lands directly across the St. Johns River in Seminole County and other pubic lands in close proximity (Volusia County's Lake Monroe Park). The historical/archeological potential is very high, according to the County's Historic Preservation Officer. The City of DeBary, Florida Communities Trust (FCT), and the St. Johns River Water Management District have been identified as potential funding partners. The methods that would be utilized for the management of this property have not been determined because the uses have not been determined.

Murphy Property - This property is 102 acres in size, located on Fort Florida Road in the City of DeBary and abuts the Eagan Property to the south. It primarily consists of uplands with 10%-15% of wetlands. A creek runs through the property from Fort Florida Road. The historical/archeological potential is very high, according to the County's Historic Preservation Officer. The City of DeBary, Florida Communities Trust (FCT), and the St. Johns River Water Management District have been identified as potential funding partners. This property contains several structures (i.e., a single-family dwelling, a pole barn and a two-story garage). The methods that would be utilized for the management of this property have not been determined because the uses have not been determined. Restoration could include planting of wiregrass in the pasture areas, introduction of prescribed burns, and removal of debris.

Gardella Property - This property is 40 acres in size, located off Barwick Road in the City of DeBary and abuts property owned by the Florida Power and Light Company. This property has an active cattle operation and there are exotic plants on the site. The historical/archeological potential is very high, according to the County's Historic Preservation Officer, as a prehistoric freshwater shell midden was discovered on the property. This property is actively being marketed for sale by a real estate firm. The City of DeBary, Florida Communities Trust (FCT), and the St. Johns River Water Management District have been identified as potential funding partners.

Mr. John Gardella, property owner, was present and stated that a portion of the purchase price would be donated back to Volusia Forever.

Oglesby Property - This property is 32 acres in size consisting of two (2) parcels, located on Leisure World Drive in the City of DeBary. The historical/archeological potential is very high, according to the County's Historic Preservation Officer, as a prehistoric freshwater shell midden was discovered on the property. This property contains several structures (i.e., a single-family dwelling and a barn). The existence of an artesian well presents management issues/concerns. Another manage ment issue/concern would be the presence of power lines. The City of DeBary, Florida Communities Trust (FCT), and the St. Johns River Water Management District have been identified as potential funding partners.

Member Linda White made a motion to add the Eagan, Murphy, Gardella and Oglesby Properties to the Group "A" List. Member Reid Hughes seconded the motion that carried by unanimous voice vote (7 to 0).

Russell Property – Ormond Beach - This property 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. The 18-acre parcel is located on SR 40 west of I-95 in Ormond Beach abutting the Calvary Christian Church. There are three (3) structures (two homesites and a barn type structure) and a dock, and it is zoned Urban High Intensity, which makes this property ripe for development. The 10-acre parcel is located in the City of Ormond Beach west of the 18-acre parcel; however, there is no access to the property and it sits behind a housing development. The 10-acre parcel is zoned Resource Corridor. The 18-acre parcel connects at the northeast corner to public lands (a parcel owned by Florida Department of Transportation). The historical/archeological potential is high, according to the County's Historic Preservation Officer, as it is in the immediate proximity to the Tomoka River (a water body of high resource value to prehistoric and historic peoples). However, not enough information is available to provide a formal recommendation. The 18-acre parcel has been converted to pasture area and would require restoration back to a more natural condition. The majority of the 18-acre parcel is uplands. As the 10-acre parcel does not have access other than by water, staff is unable to provide additional information with regards to its natural condition. A funding partner has not been identified at this time; however, FCT could be a potential source because of urban interface. Even though the City of Ormond Beach supports the acquisition of this property, they are unable to be a funding partner. County staff approached the District to determine what their interest would be in the acquisition of this property and the District indicated that they did have a limited interest in being a funding partner.

Rob Walsh reminded the Committee that Section 4g of Resolution 2002-218, stipulates: "it is preferred that vacant lands be acquired through the Volusia Forever Land Acquisition Program, and that acquisitions with structures are discouraged, but will be considered on a case-by-case basis."

Member Linda White made a motion to add the Russell (Ormond Beach) Property to the Group "B" List. Member Reid Hughes seconded the motion that carried by unanimous voice vote (7 to 0).

8. Krol Property - This property is 667 acres in size consisting of two (2) parcels, located on the west side of Tomoka Farms Road (CR 415), north of Pioneer Trail and abuts the Vargal Tract, which is jointly owned by the City of Port Orange and Volusia County. The existing land use pattern in the general vicinity of the property is a mixture of agriculture, low density single-family residential and conservation/open space. The property has been assigned the future land use designation of "Agriculture Resource" and "Rural." The historical/archeological potential is low, according to the County's Historic Preservation Officer. This property is in close proximity to the Volusia Conservation Corridor, but is not located within its boundaries and there is no access. This property will require restoration and additional burning as the property was impacted by the wildfires of 1998. It primarily consists of pine flatwoods and dome swamp. It is anticipated that the management of the property would be incorporated into the existing management of the Vargal Tract. A funding partner has not been identified at this time. County staff approached the District to determine what their interest would be in the acquisition of this property and the District indicated that they did not have an interest in being a funding partner.

Chair Carrie Stewart asked how the State would acquire additional property for the widening of CR415? Would they be allowed to take the property?

Frank B. Gummey, III responded that the State could acquire the property for just compensation, and that the County would cooperate with the State to facilitate the transportation needs by providing right-of-way.

Discussions continued regarding the proposed widening of CR415 with Douglas Weaver stating that County staff provided additional information to DOT about acquisitions occurring in the Volusia Conservation Corridor, which was taken into consideration during the roadway study.

Rob Walsh added that the section of CR415 running through the Volusia Conservation Corridor should remain two-lanes for the foreseeable future, per the FDOT consultant’s report.

Robert Kellar, representative for the property owner, was present and stated that the property was actively being marketed; however, the property owner preferred that the property become conservation lands through the Volusia Forever Land Acquisition Program. He added that a private party has made an offer on the property and the property owners could accept this offer if the property was placed on the Group "B" List.

Member Robert Williams stated that the Committee is bound by Resolution 2002-218, which requires that there be a funding partner in order to be placed on the Group "A" List.

Member Anne Hallum again expressed a concern regarding the requirements of Resolution 2002-218, and suggested that staff amend the resolution to allow for flexibility.

Douglas Weaver suggested that County staff contact the City of Port Orange to discuss their potential for becoming a funding partner for the acquisition of this property. He added that staff could provide the additional information to the County Council with the recommendation that the property should be moved to the Group "A" List.

Discussions ensued regarding the participation of municipalities in the Volusia Forever Land Acquisition Program and the potential for them to be funding partners.

Member Phil Maroney made a motion to add the Krol Property to the Group "B" List. Member Jo Ann O'Bannon seconded the motion that carried by unanimous voice vote (7 to 0).

Member Reid Hughes excused himself and left the meeting, which left six (6) Members to rank and vote on the last property (Festival Properties).

Festival Properties - This property is 2,924 acres in size consisting of six (6) parcels, located on the north side of SR 44 to the west of the intersection with Pioneer Trail and is within the boundaries of the Volusia Conservation Corridor. It has been assigned the future land use categories of "Forestry Resource", "Environmental Systems Corridor", and "Natural Resource Management Area." The historical/archeological potential is low, according to the County's Historic Preservation Officer. The State of Florida would be a funding partner as this property is in the Volusia Conservation Corridor; a "Group A" project for both the Florida Forever and Volusia Forever Land Acquisition Programs. The property is dominated by ephemeral wetlands. The property is actively being logged. The abundance of wetlands could be an issue regarding recreational usage or public access. Prescribed fire is the preferred management tool; however, smoke management could be an issue because the property is in close proximity to SR 44.

Member Phil Maroney made a motion to add the Festival Property to the Group "A" List. Member Anne Hallum seconded the motion that carried by unanimous voice vote (6 to 0).

Douglas Weaver commended the Committee for their efforts with the acquisition of over 22,000 acres (not including the 1,900-acre Southern Pines Plantation property acquired by DOT). He presented maps of two (2) properties that were part of projects previously approved by County Council, but haven't been acquired. These properties would be presented to County Council on October 16, 2003, for their approval. The properties involved are: 1) Garrity Property - an approved FCT application, and an important parcel located in the North Peninsula State Recreation Area property; and 2) Dan Paul Property - 65 acres consisting of 2 parcels located in the Doris Leeper Spruce Creek Preserve. He added that Resolution 2002-218 provides for the completion of projects with the acquisition of properties within an approved project boundary of the P2000 or Florida Forever programs. He explained that Volusia County would acquire these properties and request partial reimbursement from the appropriate State agencies.

Member Linda White made a motion to forward the Committee’s approval and recommendation that the County Council approve the acquisition of the Garrity and Dan Paul Properties. Member Phil Maroney seconded the motion that carried by unanimous voice vote (6 to 0).

Upon staff’s recommendation, the Committee agreed to cancel the October 15, 2003, Committee meeting. Rob Walsh explained that the next Committee meeting would be held on November 19, 2003, from 3:30 to 5:30 p.m. at the VOTRAN Facility, 950 Big Tree Road, South Daytona.

Douglas Weaver stated that staff would be proposing to amend Resolution 2002-218 to allow more flexibility, and address issues that have been raised by the Committee and staff.

Meeting adjourned at 5:40p.m.