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MINUTES
VOLUSIA FOREVER ADVISORY COMMITTEE
Wednesday, September 21, 2005
3:30p.m. - 5:30 p.m.
Daytona Beach Regional Library
105 E. Magnolia Avenue, Daytona Beach, FL 32114
North Auditorium

Board Members in Attendance

Phil Maroney, Chair

Pat Northey

Anne Hallum Dennis Bayer

Carrie Stewart

Robert Williams

JoAnn O’Bannon  

Also in Attendance

Douglas M. Weaver
Rob Walsh
Randall Sleister
Jeanette Munson
Dot Moore
Henry Wilson
Peggy Wilburn
Pat Roberts
Thomas McGurn
Donnadine Miller
Barbara Herrin
Jim Humphrey
Marty Humphrey
Kathryn Thomas
Bill Thomas
Richard Newell
Janice Newell
Pamela Winchester
Irene Beckham
Glenn Storch

Meeting Called to Order

Phil Maroney, Chair, called the meeting to order and welcomed all in attendance at 3:45 p.m.

Roll Call

Phil Maroney, Chair, instructed the Recording Secretary to record the roll of the Members in attendance, in which seven (7) Members were present after Member Robert Williams arrived late. Members Reid Hughes and Alan Alshouse were recorded as an Excused Absence.

Approval of Minutes

Phil Maroney, Chair, called for a motion to approve the August 3, 2005, Minutes. Member JoAnn O’Bannon made a motion to approve the August 3, 2005, Minutes, as presented. Member Anne Hallum seconded the motion that carried by unanimous voice vote.

"Naturally Central Florida: Fitting the Pieces Together" Presentation

Rob Walsh explained that Linda Chapin was originally scheduled to provide the Committee with a brief presentation on the "Naturally Central Florida: Fitting the Pieces Together" publication, but was unable to attend due to a scheduling conflict. Therefore, County staff would be providing a brief presentation.

Rob Walsh explained that the "Naturally Central Florida: Fitting the Pieces Together" publication was created by the environmental sub-group of MyRegion.org. This publication took about two (2) years to create and publish. The Volusia County section was written by Clay Henderson. This publication outlines the seven (7) key ecosystems within the Central Florida region that need to be protected and preserved in order to maintain the quality of life that draws people to this area. This publication was presented to the MyRegion.org Board of Directors, who unanimously approved it and accepted it as part of their working process. The next step will be to present this publication to the Volusia County Council along with the other Central Florida counties by Linda Chapin and other MyRegion.org coordinators (i.e., Clay Henderson and Duane DeFreese).

Member Pat Northey requested that County staff notify the Committee when the presentation of the publication "Naturally Central Florida: Fitting the Pieces Together" will be made to the Volusia County Council.

Douglas Weaver added that this publication created a need for local governments in the Central Florida area (i.e., Lake, Volusia, Seminole, Orange, Brevard, Marion and Osceola Counties) to support each other in their land acquisition efforts to secure state and federal funding.

Discussion and Determination of Eligibility for Submitted Applications

Rob Walsh explained that the first three (3) properties listed on the Agenda, which were deemed as eligible during the 1st Cycle of 2005 ( 1-1-05 through 6-30-05), were being ranked 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 or roll call vote.

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

David Strawn Lands, Inc. Property - This property is approximately 1,200 acres in size consisting of undeveloped parcels with a few ancillary structures used in conjunction with the cattle and citrus operations. It is located east of Hwy. 17 off Lake Winona Road in the DeLeon Springs area adjacent to the 12,000 acre Heart Island Conservation Area, which is owned and managed by the St. Johns River Water Management District. This proposed acquisition would increase the size of the Heart Island Conservation Area, the east/west corridor, which stretches into Lake County and beyond, and the Volusia/Flagler Conservation Corridor, which stretches north/south. There is public access via Lake Winona Road. This property lies within the boundaries of the State's Acquisition and Restoration Council (ARC) Florida Forever Group B List project known as the Longleaf Pine Ecosystem. The habitat primarily consists of sandhill, xeric hammock and floodplain swamp with some sandhill upland lakes, pasture and orange grove. This property had been heavily timbered and subsequently replanted, but the tree survival was low. There are no management issues. The management of the property could be turned over to the St. Johns River Water Management District (SJRWMD). Possible management goals would include tree replanting, pasture restoration and use of prescribed burns. The SJRWMD would be a funding partner as they initiated the submission of this application.

Member Dennis Bayer asked if the SJRWMD was proposing a fee simple or conservation easement acquisition.

Rob Walsh responded that the SJRWMD has communicated with the property owner and a fee simple acquisition has been proposed. The County and SJRWMD would be funding partners. However, the property owner is keeping all of his options open.

Member Pat Northey asked if the SJRWMD would continue with the same commitment to provide public access, primitive trails, etc. as they have done in the past on other lands they own.

Rob Walsh responded that the SJRWMD would continue to provide public access, primitive trails, etc. As this proposed acquisition would be a partnership between the County and the SJRWMD, the County would have a voice in what happens with this property (i.e., public access, primitive trails, etc.). This property provides very good public access and outdoor recreational opportunities.

Discussion ensued regarding the property owner’s intent to sell this property for conservation purposes after several Committee Members expressed a concern over the property owner’s desire to keep all his options open.

Douglas Weaver explained that the Strawn family owns approximately 3,000 acres in this area and they are a pioneer family with an attachment to the land. Therefore, the best acquisition opportunities occur with these pioneer families that have conservation values and interests.

Member Carrie Stewart made a motion to add the David Strawn Lands, Inc. Property to the Group "A" List of eligible properties. Member Pat Northey seconded the motion that carried by unanimous voice vote.

Rob Walsh explained that the next two (2) properties would be considered a "project" and would be considered as one. However, the Committee would vote on them separately. He added that Committee Member Reid Hughes is the owner of the "Hughes Canal Street Property."

Ms. Barbara Herrin, Mr. Jim Humprhey, and several members of the New Smyrnea Colony Preservationists, Inc. and Historical Society were present to provide additional information.

Hughes Canal Street PropertyThis property is approximately 36 acres in size located on the north side of S.R. 44/ Canal Street at the intersection of Jungle Road in the New Smyrna Beach area and is contiguous to the Huntington Trust Property. It is an undeveloped tract of land that is made up of hardwood hammocks with embedded wetlands. It has been assigned the future land use category of commercial, and is zoned as a Shopping Center. A drainage canal is located along the eastern boundary with an old railroad bed being located along the northern boundary. This property is surrounded by development. A high degree of historical significance exists due to the presence of a canal network dug between 1768 and 1777 as part of the Dr. Andrew Turnbull New Smyrna settlement. This property consists of two (2) major habitat types, hyrdic hammock and upland mixed forest with a mixture of hardwoods, such as live oak, red maple, sweetgum wax myrtle and Florida elm. Exotics were identified along the perimeter of the property, which included air potato, taro, water hyacinths and primrose willow. Historically, this property was probably wetter, but the hydrology may have been altered due to the canal network that was dug between 1768 and 1777. Since the eligibility meeting, potential funding partners have become known. The City of New Smyrna Beach has indicated that they are willing to be a funding partner starting with a $25,000.00 acquisition contribution. The Historical Society and the Turnbull Colony New Smyrnea Preservationists would be seeking additional funding from Florida Communities Trust (FCT), the Water Management District and other historical agencies in Tallahassee.

Douglas Weaver stated that Reid Hughes is a Member of the Volusia Forever Advisory Committee, as well as the owner of this property, which creates a conflict of interest. Therefore, Member Hughes would not be allowed to participate in any voting concerning this property, now and in the future. Member Hughes has filed a Commission on Ethics Form 8B, Memorandum of Voting Conflict, to comply with state law.

Member Dennis Bayer made a motion to add the Hughes Canal Street Property to the Group "A" List of eligible properties. Member JoAnn O’Bannon seconded the motion that carried by a roll call vote of 6 to 1 with Chair Phil Maroney opposed.

Huntington Trust Property – This property is approximately 10 acres in size located on the north side of S.R. 44/ Canal Street in the New Smyrna Beach area and is contiguous to the Hughes Canal Street Property. It is an undeveloped tract of land that is made up of hardwood hammocks with embedded wetlands, historic drainage canals and an old railroad bed being located along the northern boundary. This property has been assigned the future land use category of commercial, and is zoned as a Shopping Center. This property is surrounded by development with the western portion being under contract with Home Depot. A high degree of historical significance exists due to the presence of a canal network dug between 1768 and 1777 as part of the Dr. Andrew Turnbull New Smyrna settlement. This property consists of two (2) major habitat types, hyrdic hammock and upland mixed forest with a mixture of hardwoods, such as live oak, red maple, sweetgum wax myrtle and Florida elm. Exotics were identified along the perimeter of the property, which included air potato, taro, water hyacinths and primrose willow. Historically, this property was probably wetter, but the hydrology may have been altered due to the canal network that was dug between 1768 and 1777. Since the eligibility meeting, potential funding partners have become known. The City of New Smyrna Beach has indicated that they are willing to be a funding partner starting with a $25,000.00 acquisition contribution. The Historical Society and the Turnbull Colony New Smyrnea Preservationists would be seeking additional funding from Florida Communities Trust (FCT), the Water Management District and other historical agencies in Tallahassee.

Chair Phil Maroney asked if the 10 acres being offered had been identified.

Glenn Storch, representative for Huntington Trust, was present to answer any questions and provide additional information. He stated that the 10 acres have generally been identified, which would preserve the historic canals. He added that access would be provided via Jungle Road and Colony Park Lane, which would be created in the development of the Home Depot site. Colony Park Lane will run northward off S.R. 44 to the 10 acre parcel. He further stated that the intent of this project is to create an urban park that preserves the historic canals, and provides outdoor recreational and educational opportunities for the public. In order to acquire and develop this project, creative funding opportunities will need to be explored and used.

Member Pat Northey expressed a concern that there would be pressure for no public access due to the historical significance of this project. She asked for reassurance that this project would be developed into an urban park with public access.

Rob Walsh explained that access to the project would be provided, but public use may be problematic given the habitat types. He added that County staff has concerns regarding the potential destruction of the historic canals with public use. This project has the potential of making this a joint effort with the two (2) County programs, Volusia Forever and Volusia ECHO, with Volusia Forever purchasing the land and Volusia ECHO providing the "bricks and sticks" infrastructure.

Douglas Weaver stated that it is understood that public access would be provided, as one of the goals of the Volusia Forever Program is to provide "passive" public access that is resource-based. However, how much or at what level would be based on the habitat types.

Discussion ensued regarding the term "urban park" with Glenn Storch explaining that the intent is to preserve the historic canals, and to create a park type area with public access for passive recreational and educational opportunities.

Rob Walsh reminded the Committee that the threshold has already been crossed regarding the acquisition of smaller parcels with the intent to create a "park." This happened when the County partnered with the City of Port Orange to acquire the 19 acre Russell Property.

Barbara Herrin added that the mission statement of the New Smyrnea Preservationists calls for the creation of a public access historic park with activities available to the public. She stated that there are several ways to access this property (i.e,, Wild Orange, Old Jungle Road).

Member Anne Hallum expressed a concern regarding a potential policy change with the development of an urban park with structures verses passive recreational opportunities as discussed during the eligibility meeting.

Barbara Herrin explained that trails with kiosks would be part of the development of the property. She added that there are points of access already in place. Therefore, the need to provide public access would not cause any additional disturbance to the property.

Discussion ensued regarding the creation of a trails corridor after Member Robert Williams suggested using the old railroad bed in conjunction with the 10 acres from this property and the Reid Hughes Property to create a section of the trail system.

Member Carrie Stewart also expressed a concern regarding a potential policy change with the development of an urban park under the Volusia Forever Program verses the Volusia ECHO Program. She agrees that the acquisition of the property is appropriate for the Volusia Forever Program, but not the development of an urban park.

Douglas Weaver explained that Resolution 2004-80 and the voter referendum governs the type of activities that are permitted on the lands acquired by the Volusia Forever Program. Therefore, the urban park would be passive to protect the natural resource and to be consistent with the resolution.

Member Pat Northey again expressed a concern regarding the issue of public access being provided on lands acquired by the Volusia Forever Program.

Douglas Weaver again explained that Resolution 2004-80 contains provisions for public access on lands that are acquired by the Volusia Forever Program, and the County’s Land Acquisition and Management Division has made it a priority to provide public access as quickly as possible on the lands that have been acquired by the Volusia Forever Program. However, the level of public access is based on the type of habitat (i.e., wetlands, uplands) and the preservation of the natural resource. He reminded the Committee that today’s focus was on ranking the property (Group "A" or "B" List). He added that there is no funding partner.

Chair Phil Maroney asked for clarification whether the City of New Smyrna Beach would be a funding partner as previously discussed.

Rob Walsh clarified that the City of New Smyrna Beach would be a funding partner with $25,000.00 being contributed towards the acquisition of this project.

Jim Humphrey also clarified that the City of New Smyrna Beach’s Commission has approved their contribution of $25,000.00 towards the acquisition of this project. He added that the City would contribute additional funds once they have been reimbursed by FEMA for hurricane damages from last year.

Chair Phil Maroney asked if the City has specified the amount of funds they are willing to contribute for the acquisition of this project.

Jim Humphrey responded that the City has not committed to a specific dollar amount, but they are willing to provide some funds.

Douglas Weaver clarified that no "substantial" funding partner had been identified.

Member Anne Hallum asked Barbara Herrin if a grant application had been submitted to the Volusia ECHO Program based on her statement from the August 3, 2005, Minutes, which stated: "Barbara Herrin replied that a Volusia ECHO application would be submitted at a later date, which would be for the development of a passive park and learning center. The Volusia Forever application, as the process is understood, would be for the acquisition of the land."

Barbara Herrin replied that a Volusia ECHO grant application can’t be submitted until the property has been acquired. She added that three (3) grant sources have been identified along with two (2) local foundations in New Smyrna Beach, who would be solicited to assist with the funding of this project.

Chair Phil Maroney asked what the aggregate amount would be for the grants that have been identified and would be submitted for funding of this project.

Barbara Herrin explained that the aggregate amount from the grants would be approximately $450,000.00. In addition, there would be funds from the City of New Smyrna Beach in the amount of $25,000.00 along with funds from the local foundations. In total, there would be approximately $500,000.00 for this project.

Jim Humphrey stated that it is very important for this proposed project acquisition to occur swiftly given the boom in the real estate market and all the land grabs that have been occurring. He added that this project area has great historic significance and needs to be preserved, as it is where the City of New Smyrna Beach began.

Discussion ensued regarding the location of the historic canals with regards to this property and the Reid Hughes Canal Property.

Jim Humphrey clarified that the Westerly Canal runs through the Reid Hughes Canal Street Property with other smaller canals branching off the Grand Canal throughout this project area, which were used for transporting goods (i.e., indigo) out to Turnbull Creek.

Chair Phil Maroney asked if anything had been done in the past to preserve this canal system.

Jim Humphrey responded that for over 228 years no attempts have been made to preserve this canal system, until now. He added that development occurred along the river prior to the colony moving back to the west using the canals. The smaller canals were used for drainage and irrigation for the crops. This area was the colony’s agricultural center.

Discussion ensued regarding the historical significance of this project, funding sources and the ranking criteria after Member Robert Williams and Chair Phil Maroney expressed concerns about no "significant" funding source being identified. Chair Phil Maroney also expressed concerns about only 4 of the 13 primary ranking criteria being met, getting the most "bang for the buck" for commercial property that would be an enclave, and the City of New Smyrna Beach’s funding commitment.

Discussion ensued regarding the Group "A" and "B" List after Member Pat Northey asked what the difference was between the two (2) lists.

Rob Walsh explained that based on County Council’s intent for the Volusia Forever Program, the Group "A" List is the "active" acquisition list, which allows staff to immediately proceed with the acquisition process. The Group "B" List needs additional information (i.e., funding partners) from the property owner and/or advocates that would encourage the movement of the property to the Group "A" List. He added that the County is not committed to 100% funding of properties on the Group " A" List. The intent is to have a funding partner.

Douglas Weaver reminded the Committee that Resolution 2004-80 allows the County to initially fund the acquisition of a property and later seek a funding partner. However, this option is not the hard and fast rule. He added that there are a number of factors to be considered before using this option. He further added that the funding partner is not as apparent with this project as there have been with other properties.

Discussion ensued regarding the Site Ranking Criteria after Member Dennis Bayer requested clarification on how a property is determined to be eligible. He recalled that the Enhancement Criteria could hold enough weight to boost the importance of a property even when it is lacking Primary Criteria.

Rob Walsh clarified that Resolution 2004-80 states that a property must meet a minimum of 4 of the Primary Site Ranking Criteria to be determined as eligible and move forward to ranking.

Member Dennis Bayer made a motion to accept the Huntington Trust Property to the Group "A" List of eligible properties. Member JoAnn O’Bannon seconded the motion that carried by a roll call vote of 5 to 2 with Chair Phil Maroney and Member Carrie Stewart opposed.

Group "A" List

Festival Properties Addition Property – Rob Walsh explained that County staff has requested that the Festival Properties Addition Property be removed from the Group "A" List as the property has been sold and the new owners are not willing sellers.

Member Carrie Stewart made a motion to remove the Festival Properties Addition Property from the County Council approved Group "A" List of eligible properties. Member JoAnn O’Bannon seconded the motion that carried by a unanimous voice vote.

Timberlands Consolidated & WDA Partnership Property – Rob Walsh explained that County staff has requested that the Timberlands Consolidated & WDA Partnership Property be removed from the Group "A" List as the property has been sold and the new owners are not willing sellers.

Member Carrie Stewart made a motion to remove the Timberlands Consolidated & WDA Partnership Property from the County Council approved Group "A" List of eligible properties. Member JoAnn O’Bannon seconded the motion that carried by a unanimous voice vote.

Akers Quail Ranch Property – Rob Walsh explained that County staff has requested that the Akers Quail Ranch Property be removed from the Group "A" List and placed on the Group "B" List as the property has been sold and the new owners may be willing to participate in the Volusia Forever Program. However, at this time the asking price is much higher than the appraisal.

Member Carrie Stewart made a motion to move the Akers Quail Ranch Property to the Group "B" List of eligible properties. Member JoAnn O’Bannon seconded the motion that carried by unanimous voice vote.

Group "B" List

MacFarlane Central Park Addition Property – Rob Walsh explained that County staff has requested that the MacFarlane Central Park Addition Property be removed from the Group "B" List as the property has been sold and the new owners are not willing sellers.

Member Carrie Stewart made a motion to remove the MacFarlane Central Park Addition Property from the Group "B" List of eligible properties. Member JoAnn O’Bannon seconded the motion that carried by unanimous voice vote.

Staff Updates

Rob Walsh provided a hand-out depicting the updated projected revenues for the Volusia Forever Program. He advised the Committee that the next meeting will be held on January 18, 2006, which is the first meeting of the year 2006. Staff provided the Committee with the 2006 Meeting Schedule, which consists of four (4) core meetings (January - Eligibility & Goal Setting; April - Ranking & Election of Officers; July - Eligibility; and September - Ranking). Resolution 2001-69 states that the Committee will meet at least quarterly. This schedule meets that requirement. It also states that special meetings can be called when deemed necessary by the Chair or designee (staff). The Committee agreed with staff's recommendation and approved the 2006 meeting schedule.

Douglas Weaver advised the Committee that there is a large piece of property (1,000 + acres) in the Lake George area that may need to be fast-tracked. Therefore, a special meeting may need to be called in October. He added that County staff would provide as much notice as possible, given the circumstances, to the Committee should the property owners decide to participate in the Volusia Forever Program.

Lunsford Property - Douglas Weaver explained that the Lunsford Property purchase would be presented to the County Council tomorrow (September 22, 2005) at 2:15p.m. for approval. Closing is scheduled for November 10, 2005. This purchase is within the appraised value with the County fully funding the acquisition. However, County staff intends to seek reimbursement from Florida Fish and Wildlife Conservation Commission (FFWCC) for gopher tortoise mitigation.

Progress Energy Property – Douglas Weaver stated that County staff has been diligently working on the acquisition of this property, which is coming together and a contract should be forthcoming.

Southern Pines Plantation – Douglas Weaver advised the Committee that Florida Department of Transportation (FDOT), who purchased the property for mitigation, would be conveying the property to the County with a conservation easement. FDOT will not be asking for any reimbursement of the acquisition costs for this conveyance. However, the County will be responsible for the management of the property.

Adjournment

Meeting adjourned at 5:17 P.M.

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