MINUTES
VOLUSIA FOREVER ADVISORY COMMITTEE
Wednesday, September 19, 2007
3:30p.m. - 5:30p.m.
Thomas C. Kelly Bldg., Training Rooms 1 & 2
123 W. Indiana Avenue, DeLand, FL 32720

Meeting Called to Order
Dennis Bayer, Chair, called the meeting to order at 3:35 p.m.

Roll Call
Dennis Bayer, Chair, instructed the Recording Secretary to record the roll of the Members in attendance, in which seven (7) Members were present. Members Phil Maroney and Gerald Fieser were recorded as an Excused Absence.

Dennis Bayer, Chair, welcomed all those in attendance (i.e., Committee Members, County staff and the Public).

Approval of Minutes
Dennis Bayer, Chair, called for a motion to approve the June 27, 2007 Minutes. Member Dwight Lewis made a motion to approve the June 27, 2007, Minutes, as written. Member John E. Wagner seconded the motion that carried by unanimous voice vote.

Dennis Bayer, Chair, called for a motion to approve the July 18, 2007 Minutes. Member Dwight Lewis made a motion to approve the July 18, 2007, Minutes, as written. Member John E. Wagner seconded the motion that carried by unanimous voice vote.

Evaluation and Ranking of Eligible Applications – Rob Walsh explained that the Committee would be reviewing six (6) properties, which were deemed as eligible during the 1st Cycle of 2007 (1 1 07 through 06 30 07), to determine their placement on the Group "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. He reminded the Committee that in order for a motion to pass it requires a simple majority vote of the Members who are present, which would be four (4). He stated that the Committee’s newly revised and approved Group A/B List would be presented to the County Council on October 18, 2007, for final approval.

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

1. Ridgewood Avenue/Owen Property - This property consists of approximately 1.65 acres of undeveloped land located on the east side of US Hwy. 1, south of Rose Bay. It is adjacent to Doris Leeper Spruce Creek Preserve, but not within its boundaries. The zoning classifications assigned to this property are General Commercial (B-4), Rural Agriculture (A 2) and Transitional Agriculture (A-3) with a future land use of Natural Resource Management Area (NRMA) and Low Impact Urban (LIU). The acquisition of this property would be a potential addition to Doris Leeper Spruce Creek Preserve. It meets nine (9) of the 22 Site Ranking Criteria. The property consists of uplands mixed forest, which includes slash pine. However, historically it consisted of mesic flatwoods. Several species of exotic plants are present on the property. The use of prescribed fire for management of the site would be problematic due to its close proximity to US Hwy. 1. It is actively being marketed on the real estate market. There is a potential encroachment of an out building from an adjacent property that would need to be addressed. At this time, a funding partner has not been identified. However, funding from the State could be possible, but a boundary adjustment to include this property as part of Doris Leeper Spruce Creek Preserve would be necessary.
   
   Member John E. Wagner asked for clarification regarding the boundary “adjustment.”
   
   Rob Walsh explained that the current boundaries of Doris Leeper Spruce Preserve (Preserve) are identified on the map with a yellow line. This property is adjacent to the northern boundary of the Preserve. The Preserve is on the State’s Florida Forever A List because there are properties within the project’s boundaries that have not been acquired. In order to seek funding from the State, the County would need to submit a petition to adjust/amend the Preserve’s boundaries so this property would be included and become eligible for funding from Florida Forever.
   
   Member John E. Wagner asked how difficult it would be to obtain the boundary adjustment from the State.
   
   Rob Walsh stated that obtaining the boundary adjustment should not be difficult. However, the size of the property may be an issue, as larger adjustments seem to be more attractive. The County previously submitted a petition to add the Stanaki Properties to the Preserve, which was successful.
   
   Douglas Weaver added that the boundary adjustment petition would be submitted to the State’s Acquisition and Restoration Council (ARC), and Governor and Cabinet for their approval.
   
   Chair Dennis Bayer asked if the addition of the property to the Preserve would be a hindrance to acquiring other properties that are currently within the Preserve’s boundaries.
   
   Rob Walsh replied that adding the property to the Preserve should not be a hindrance. He added that County staff has actively been pursuing the remaining privately owned parcels within the Preserve.
   
   Member Jason McGuirk asked what type of value this property would provide, if it is added to the Preserve, as it is small and potentially costly.
   
   Randall Sleister added that this small parcel doesn’t provide a significant environmental benefit alone, but could provide a significant benefit to the Preserve as a buffer from adjoining privately owned parcels.
   
   Member Chris Schlageter asked if there would be any issues with the boundary adjustment petition, if this property is placed on the Group B List.
   
   Rob Walsh stated that a petition for a boundary adjustment could be pursued regardless of this property’s placement on the Group A or B List. He added that County staff would have to weigh the pros and cons of obtaining a boundary adjustment for such a small parcel, and determine what would be the best course of action. He further added that a boundary adjustment would facilitate a funding opportunity with the State.
   
   Douglas Weaver added that it would be beneficial for County staff to discuss a boundary adjustment with State staff to determine what the best course of action would be.
   
   Member Wanda Van Dam asked if the property to the east was developed.
   
   Rob Walsh replied that the property to the east is developed with single family dwellings.
   
   Member Jason McGuirk made a motion to add the Ridgewood Avenue/Owen Property to the Group “B” List of eligible properties. Member Anne Hallum seconded the motion that carried by unanimous voice vote.
    
2. Walkup Property - This property consists of approximately 101 acres of undeveloped land that is located on the south side of Lafayette Landings Drive, east of SR 11. It is adjacent to the Four Star Timber Inc. Property, which is also being considered for ranking during this cycle of Volusia Forever applications, but not to any other publicly owned lands. The acquisition of this property would be contingent upon acquiring the Four Star Timber Property. It meets thirteen (13) of the 22 Site Ranking Criteria. The future land uses of Natural Resource Management Area (NRMA), Environmental Systems Corridor (ESC) and Forestry Resource (FR) have been assigned to this property. This property has been assigned the zoning classifications of Resource Corridor (RC) and Forestry Resource (FR). At this time, a funding partner has not been identified. County staff contacted the St. Johns River Water Management District’s (District) staff to determine their interest in serving as a funding partner. The District indicated that they are not willing to participate as a funding partner at this time. This property is dominated by two (2) habitats, wet flatwoods and dome swamp. Prescribed fire would be beneficial to the habitat as it has not occurred on this property in several years. Historically, this property consisted of wet flatwoods or prairie. The existence of exotic plants is minimal. Also, two (2) protected species were identified, hooded pitcher plant and pine lily. This property has previously been used as part of a silviculture operation. Currently, the property owner uses the property for hunting purposes. As this proposal is for a conservation easement, management of the property would be the responsibility of the property owners.
   
   Member Dwight Lewis made a motion to add the Walkup Property to the Group “B” List of eligible properties. Member John E. Wagner seconded the motion that carried by unanimous voice vote.
    
3. Four Star Timber, Inc. Property - This property consists of approximately 95 acres of undeveloped land that is located on the south side of Lafayette Landings Drive, east of SR 11, and northeast of the Tomoka Woods subdivision. It is adjacent to the Timberlands Consolidated tract of the Clark Bay Conservation Area, a property acquired by Volusia Forever and the St. Johns River Water Management District (District) in FY 2002/2003. It meets seven (7) of the 22 Site Ranking Criteria. The future land uses of Natural Resource Management Area (NRMA), Environmental Systems Corridor (ESC) and Forestry Resource (FR) have been assigned to this property. This property has been assigned the zoning classifications of Resource Corridor (RC) and Forestry Resource (FR). At this time, a funding partner has not been identified. County staff contacted the St. Johns River Water Management District’s (District) staff to determine their interest in serving as a funding partner. The District indicated that they are not willing to participate as a funding partner at this time. This property is dominated by two (2) habitats, mesic flatwoods and basin swamp. Much of the pine flatwoods have been harvested and converted to pine plantations. The basin swamp was severely impacted by the wildfires of 1998, which lead to a salvage cut on the timber. This property is part of an active silviculture operation and used for hunting purposes. Prescribed fire would be beneficial to the habitat as it has not occurred on this property in several years. As this proposal is for a conservation easement, management of the property would be the responsibility of the property owners.
   
   Member Dwight Lewis made a motion to add the Four Star Timber, Inc. Property to the Group “B” List of eligible properties. Member Anne Hallum seconded the motion that carried by a roll call vote of five (5) to two (2) with Members Wanda Van Dam and John E. Wagner opposed.
   
   Member John E. Wagner asked for clarification on the monetary benefits involved in a fee simple acquisition and conservation easement.
   
   Rob Walsh explained that the value of a conservation easement is based upon the developable aspect of the property. Generally, a conservation easement costs between 40% and 80% on the dollar, and a fee simple acquisition would cost 100% on the dollar.
   
   Member Dwight Lewis noted that this area of the County should have low development potential as it is an area used for hunting and silviculture operations, and it is zoned as Resource Corridor (RC) and Forestry Resource (FR). Therefore, the costs for the conservation easement should be lower.
   
   Member Anne Hallum asked for clarification on the allowed uses of a property with a conservation easement.
   
   Randall Sleister stated that typically conservation easements allow the property owner to continue with the existing uses of the property. However, any future changes in those uses are not allowed.
   
   Chair Dennis Bayer noted that the terms of a conservation easement are negotiated, and would outline what uses are allowed, which could include the construction of a single family dwelling.
   
   Member Anne Hallum asked for clarification on public access for properties with conservation easements.
   
   Rob Walsh stated that typically public access is not allowed, but it is not out of the question.
   
   Discussions continued regarding the pros and cons of conservation easement acquisition after Member John E. Wagner expressed a concern about potentially funding private hunting camps.
   
   Rob Walsh stated that typically the right of first refusal is part of the conservation easement. This would allow the County to purchase the remaining value of the property, if the property owner decides to sells it. A conservation easement is a tool that would be used to facilitate the complete ownership of a property. Also, the property would remain in a natural state.
    
4. Smith Trust Property - This property consists of four (4) parcels totaling approximately 337 acres of undeveloped land located west of Old Bubbly Road and south of Ninemile Point Road within the Lake George Conservation Area in the Pierson area. It meets eight (8) of the 22 Site Ranking Criteria. The future land uses of Natural Resource Management Area (NRMA), Environmental Systems Corridor (ESC) and Forestry Resource (FR) have been assigned to this property. This property has been assigned the zoning classifications of Resource Corridor (RC) and Forestry Resource (FR). At this time, a funding partner has not been identified. County staff contacted the St. Johns River Water Management District’s (District) staff to determine their interest in serving as a funding partner. The District indicated that they are not willing to participate as a funding partner at this time. This property is comprised of wet and mesic flatwoods with a very dense pine overstory, and a palmetto and gallberry understory. Prescribed fire would be beneficial to the habitat as it has not occurred on this property in several years. The existence of exotic species is minimal. Currently, the property owner uses the property for hunting purposes. As this proposal is for a conservation easement, management of the property would be the responsibility of the property owners.
   
   Member Dwight Lewis noted that this proposal would fill in the “hole in the donut.”
   
   Rob Walsh added that one of the acquisition goals of the Volusia Forever Program is the “completion of projects begun under previous land acquisition programs.” This property is an in holding of the Lake George Conservation Area, which is a project that was begun under a previous land acquisition program and is one of the County’s priority areas for acquisition.
   
   Member John E. Wagner made a motion to add the Smith Trust Property to the Group “A” List of eligible properties. Member Anne Hallum seconded the motion that carried by unanimous voice vote.
    
5. Veino Cattle Ranch Property - This property consists of several parcels totaling approximately 115 acres of land with a standard single family dwelling and mobile home. It is located at the end of Prideaux Road, east of Pell Road and southeast of Lake Ashby. It is contiguous to the County’s Wiregrass Prairie Preserve, a publicly owned conservation area acquired by Volusia Forever and the St. Johns River Water Management District in FY 2001/2002. It meets seven (7) of the 22 Site Ranking Criteria. The future land uses of Natural Resource Management Area (NRMA) and Agricultural Resource (AR) have been assigned to this property. This property has been assigned the zoning classification of Prime Agriculture (A-1). Currently, the property is used as part of a cattle and silviculture operation. At this time, a funding partner has not been identified. County staff contacted the St. Johns River Water Management District’s (District) staff to determine their interest in serving as a funding partner. The District indicated that they are not willing to participate as a funding partner at this time. Much of the upland portions of the property have been converted to pasture, some of which has been replanted with slash pine for timber revenue. The majority of the remaining acreage is dome swamp, which is dominated by pond cypress. A single family dwelling and mobile home are found on this property. As this proposal is for a conservation easement, management of the property would be the responsibility of the property owners.
   
   Member Wanda Van Dam made a motion to add the Veino Cattle Ranch Property to the Group “A” List of eligible properties. Member Dwight Lewis seconded the motion that carried by a roll call vote of six (6) to one (1) with Member Anne Hallum opposed.
    
6. Peterson Property – This property consists of approximately 47 acres of land with a standard single family dwelling and mobile home. It is located at the end of Prideaux Road, east of Pell Road and southeast of Lake Ashby. It is adjacent to the Veino Cattle Ranch Property, which is also being considered for ranking during this cycle of Volusia Forever applications, but not to any other publicly owned lands. The acquisition of this property would be contingent upon acquiring the Veino Cattle Ranch Property. It meets seven (7) of the 22 Site Ranking Criteria. The future land uses of Natural Resource Management Area (NRMA) and Agricultural Resource (AR) have been assigned to this property. This property has been assigned the zoning classification of Prime Agriculture (A-1). Currently, the property is used as part of a cattle and silviculture operation. At this time, a funding partner has not been identified. County staff contacted the St. Johns River Water Management District’s (District) staff to determine their interest in being a funding partner. The District indicated that they are not willing to participate as a funding partner at this time. Much of the upland portions of the property have been converted to pasture, some of which has been replanted with slash pine for timber revenue. The majority of the remaining acreage is dome swamp, which is dominated by pond cypress. A single family dwelling and mobile home are found on this property. As this proposal is for a conservation easement, management of the property would be the responsibility of the property owners.
   
   Member Wanda Van Dam asked who owns the property located to the south of the Peterson and Veino Cattle Ranch properties.
   
   Rob Walsh stated that the Miami Corporation Property is located to the south of the Peterson and Veino Cattle Ranch properties.
   
   Discussion ensued regarding the portion of the Miami Corporation Property that would become conservation land.
   
   Member Chris Schlageter made a motion to add the Peterson Property to the Group “A” List of eligible properties. Member Jason McGuirk seconded the motion that carried by a roll call vote of six (6) to one (1) with Member Anne Hallum opposed.
    
7. Current “A” List – Douglas Weaver provided the following updates:
   1. Volusia Conservation Corridor – County staff continues to solicit applications from property owners within the boundaries of this 28,000 +/- acre area that is a top priority.
   2. Stanaki Property – this property is within the Doris Leeper Spruce Creek Preserve. The Department of Environmental Protection and County were the lead agency for this acquisition. However, negotiations are no longer proceeding with the State and County. The City of Port Orange has taken over as the lead agency and has filed an FCT application for the acquisition of a portion of this 450 acre tract.
   3. Ocklawaha Property – this property is within the Doris Leeper Spruce Creek Preserve. At this time, there isn’t any progress in the acquisition process.
   4. Ponce Preserve Project – this is a continuing project with the Town of Ponce Inlet. At this time, there isn’t any progress in the acquisition process.
   5. Double B Ranch Property– County staff has been negotiating with the property owner of this 3,700 acre tract that is adjacent to the District’s Haw Creek Preserve without success.
   6. Holiday Haven – this 49 acre piece of property has title issues that need to be resolved before negotiations can continue.
   7. David Strawn Property – this 1,400 acre tract located in the DeLeon Springs area off Lake Winona Road and U.S. Hwy. 17 has been appraised for the potential acquisition of a conservation easement. The St. Johns River Water Management District has indicated that they would be a 50% funding partner for this acquisition. The County is in the process of negotiating with the property owner.
   8. Hughes/Huntington Trust – these properties are now owned by Huntington Trust, who is a willing seller. An FCT Grant application has been submitted for partial funding.
   9. Lake George Road Property – this 26 acre tract located within the Lake George Conservation Area has been appraised and negotiations with the property owner will be forth coming.
   10. McBride Road Property – this 10 acre tract located within the Lake George Conservation Area is being appraised.
   11. Salanitro Property – this is an in-holding of the 122 +/- acre Charlene Strawn Old Growth Forest Property, which was removed from the County’s Group A/B List at the request of the property owner. County staff has contacted the own of the Salanitro Property to inform them of the requested removal. This property could potentially be removed from the County’s Group A/B List as well.
   12. Thornby Property – this 38 acre tract located in the City of Deltona would be a joint acquisition by the City of Deltona and the County. The City of Deltona submitted the application to Volusia Forever along with an FCT Grant application. However, the City has provided a written notice to FCT and the County of their desire to withdraw their applications from the respective programs.
       
       Member Jason McGuirk asked if any other funding sources have been identified.
       
       Rob Walsh explained that the St. Johns River Water Management District’s (District) staff had been contacted by County staff when the application to Volusia Forever was received from the City of Deltona. The District indicated that they were not interested in being a funding partner.
   13. Hamlin-Dann Property – County staff has begun negotiating with the property owners of this 1,172 acre tract located in the southeast section of the County near Lake Harney. However, negotiations are on hold. This proposal is for a conservation easement.
   14. Underhill (Lake Colby) Property - this 1 acre undeveloped tract located on Massachusetts Avenue in the Rural Community of Cassadaga and adjacent to the County’s Lake Colby Park is being appraised.
   15. Zimmer-Heideman Property - this 215 acre tract of land located on Old New York Avenue in the DeLand area near the St. Johns River is on hold as there is no funding partner.
   16. Agostini Property – this 20 acre in-holding of the County’s Wiregrass Prairie Preserve located east of Pell Road in the Osteen area is being appraised.
   17. Duff Spring Garden Lake Property - this 9 acre potential addition to the County’s Chuck Lennon Park located on Living Water Street in DeLeon Springs with approximately 1,100 feet of frontage on Spring Garden Lake is on hold.
   18. Lake Moore Project (Ford/Mikol Properties) – this 121 acre undeveloped tract located between Dr. Martin Luther King, Jr. Beltway and Summit Avenue in the City of DeLand is being appraised.
   19. Marvin Fore Property – this 156 acre tract located to the west of the LeFils Property and adjacent to the Volusia/Flagler Conservation Corridor is in the beginning stages of the acquisition process for a proposed conservation easement.
        
8. Current “B” List – Rob Walsh explained that there were no changes in the status of the properties that are on the Group “B” List. However, the O’Reilly-King Property may be recommended for removal from the Group A/B List at a later date, as the property is under contract negotiations with a developer.
    
9. Other Property Updates - Douglas Weaver provided the following updates:
   1. Progress Energy – this property consists of approximately 1,300 acres within the Lake George Conservation Area. The County is in the process of selling this property to the Division of Forestry (DOF). Initially, DOF was interested in being a funding partner. However, their funding was not available at the time the County acquired the property from Progress Energy. After receiving approval from the Governor and Cabinet, DOF has now entered into an Agreement for Purchase and Sale with the County to purchase the entire tract.
   2. Ford Property – this 60 acre tract located within the Doris Leeper Spruce Creek Preserve is in the negotiation stage. The St. Johns River Water Management District (District) is a 50% funding partner for this proposal.
       
10. Staff Updates – Douglas Weaver stated that approximately 3,000 acres have been added to the publicly owned lands inventory this year with approximately $8 million being contributed by our funding partners.
    
    Rob Walsh provided a hand-out depicting the FY 06/07 revenues and FY 07/08 projected revenues for the Volusia Forever Program. He stated that this information was being provided at the request of Member Wanda Van Dam, who wanted to know how the proposed property tax reform could affect the revenues for the Program. He explained that the projected revenues for FY 07/08 would be approximately $500,000.00 less, because of the statutory millage rate rollback from 0.02 to 0.018766. However, the total revenues for FY 07/08 will be slightly more than FY 06/07, because the taxable property value has increased for FY 07/08. He reminded the Committee that the bond debt service will have to be paid ($3.5 million) out of the revenue from ad valorem tax receipts ($7.6 million). Also, there is still a balance of approximately $12 million of the $40 million bond monies, which must be spent before using the revenues generated from the ad valorem tax receipts.
    
    Member Wanda Van Dam asked if the statutory millage rate rollback supersedes the County’s Resolution 2000-155, which created the Volusia Forever Land Acquisition Program by levying an additional ad valorem tax not to exceed 0.020 mill for 20 years.
    
    Rob Walsh replied that the statutory millage rate rollback supersedes the County’s Resolution 2000-155. Originally, County staff believed that the County’s Resolution 2000 155 would provide protection to the Volusia Forever revenues because it was a voter approved referendum. Since that time the County’s Legal Department has determined that the statutory rollback supersedes the resolution. So, at this time, the Volusia Forever Program has not been dramatically impacted by the rollback. However, the January 29, 2008, vote on property tax reform could impact the Program further.
    
    Discussions ensued regarding budgetary impacts to the Land Acquisition and Management Division’s field staff after Rob Walsh stated that a minor portion of the 10% land management funds have been used as a tool to fill vacant land management positions.
    
    Douglas Weaver added that an attempt would be made to utilize a portion of the reimbursement monies from DOF’s purchase of the Progress Energy Property into the 10% land management fund. County staff realizes that it takes equipment and man power to manage public lands. Therefore, County staff has been prudent with the 10% land management funds.
    
    Staff provided the Committee with the 2008 Meeting Schedule, which consists of four (4) core meetings (January - Eligibility & Goal Setting; April - Ranking & Election of Officers; July - Eligibility; and September - Ranking)

Adjournment
Meeting adjourned at 4:45p.m.