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VOLUSIA FOREVER ADVISORY COMMITTEE
Minutes
Wednesday, October 20, 2004
3:30p.m. - 5:30p.m.
VOTRAN Bus Facility
950 Big Tree Road, South Daytona, Fl 32119

Board Members in Attendance

Carrie Stewart, Chair

Phil Maroney, Vice-Chair

Anne Hallum JoAnn O'Bannon

Gordon Kipp

Robert Williams

Alan Alshouse  

Also in Attendance

Douglas M. Weaver
Rob Walsh
Randall Sleister
Frank B. Gummey, III
Jeanette Munson
Mark Rizzo
Allison Perquin
Steve Strawn
Dinah Pulver
Lindsay Stevens
Kent Donahue
Jim Russell
Toni Fow
William Day
Lorraine Day
Neil Harrington
Sam Roth

Meeting Called to Order

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

Carrie Stewart, Chair, asked for introductions from the public participa nts, staff and the Committee Members before starting with the business part of the meeting.

Roll Call

Carrie Stewart, Chair, instructed the Recording Secretary to record the roll of the Members in attendance, in which seven (7) Members were present. Members Linda White and Reid Hughes were recorded as an Excused Absence.

Approval of Minutes

Carrie Stewart, Chair, called for a motion to approve the July 21, 2004, Minutes. Member JoAnn O'Bannon made a motion to approve the July 21, 2004, Minutes, as presented. Member Gordon Kipp seconded the motion that carried by unanimous voice vote.

Evaluation and Ranking of Eligible Applications – Rob Walsh explained that the first six (6) properties listed on the Agenda, which were deemed as eligible during the 1st Cycle of 2004 (1-1-04 through 6-30-04), 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 vote.

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

Charlene Strawn Old Growth Forest & Rec. Area Property - This property is approximately 150 acres in size consisting of five (5) parcels located west of SR 11 in the southwest quadrant of Lake Dias. Access to the property is via Lake Dias Cemetery Road. The property provides access to Lake Dias and would allow a variety of recreational opportunities. It consists of several habitat types; scrub, xeric hammock and floodplain forest. It is an undeveloped tract of land with open pasture areas and was part of a large citrus operation. It contains endangered species and plants. As this property is part of the "Longleaf Pine Ecosystem," a Florida Forever Group B, full fee project, the State of Florida could be a source for matching funds should the County acquire the property. Another possible matching funds source would be the St. Johns River Water Management District. The property owner would offer this property to the County as a fee simple acquisition.

Mr. Steve Strawn, property owner, was present to provide any additional information or answer any questions.

Member Phil Maroney asked if Lake Dias Cemetery Road, which provides access to this property, was a dirt or paved road.

Rob Walsh replied that Lake Dias Cemetery Road is a County maintained dirt road.

Chair Carrie Stewart asked if there were future plans to pave Lake Dias Cemetery Road.

Douglas Weaver explained that the County has an aggressive five-year plan in place to pave dirt roads throughout the County. However, an estimated time as to when Lake Dias Cemetery Road would be paved could not be provided.

Member JoAnn O'Bannon asked if there was public access to Lake Dias.

Rob Walsh responded that public access could be achieved via the County Park on the eastern side of the lake, directly off SR11. He added that the Strawn family donated the land that the park lies on. This park has a boat ramp, bathroom facilities, picnic areas and a playground area.

Member Gordon Kipp made a motion to add the Charlene Strawn Old Growth Forest & Rec. Area Property to the Group "A" List of eligible properties. Member Phil Maroney seconded the motion that carried by unanimous voice vote.

Double B Ranch Property – This property is approximately 3,800 acres in size located on the north side of CR305 in Seville with the eastern boundary abutting the Volusia/Flagler County line, and the northern boundary abutting property owned by the St. Johns River Water Management District known as the Crescent Lake Conservation Area. It also contains several natural lakes. The property has been actively managed for silviculture via a timber lease and agricultural opportunities (i.e., hunting and cattle operation). Access to the property would be via CR305. This property is comprised of several major habitat types including bottomland swamp, flatwoods/marsh lake, scrub and pine 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 are very interested. The property owner would offer this property as a conservation easement acquisition.

Member Phil Maroney asked whether there would be any recreational opportunities for the public with a conservation easement.

Rob Walsh explained that any recreational opportunities for the public would be negotiated with the conservation easement, but would be unlikely.

Member Alan Alshouse made a motion to add the Double B Ranch Property to the Group "A" List of eligible properties. Member JoAnn O’Bannon seconded the motion that carried by unanimous voice vote.

Rob Walsh explained that the next two (2) properties to be evaluated (Timberlands Consolidated and WDA Partnership, and Lafayette Landings) were submitted together as a contiguous/joint project.

Timberlands Consolidated and WDA Partnership Property– This property is approximately 219 acres in size located east of SR11, east of the community of DeLeon Springs. Access to the property is via Lafayette Landings Drive. The northern boundary abuts the Lafayette Landings Property, which is also being evaluated for placement on the Group "A" or "B" List of eligible properties for this cycle. The southern boundary abuts 1,100 acres, also known as Timberlands Consolidated, that was jointly acquired in 2002 by the St. Johns River Water Management District and the County. Little Haw Creek traverses the property. This property has been actively managed for silviculture and hunting. The property primarily consists of pine plantation with the dominant habitat types being floodplain swamp and hydric flatwoods. There would be recreational opportunities, as the property owner would be offering this as a fee simple acquisition.

Discussion ensued after Member Robert Williams pointed out that a funding source had not been identified.

Rob Walsh explained that County staff approached the District to determine their interest in the potential acquisition of this property. At this time the District does not have an interest. He added that County staff had not actively solicited any other funding sources. However, County staff would actively solicit other funding sources if the property were placed on the Group "A" List.

Douglas Weaver added that even though the District did not express an interest in the potential acquisition of this property, the County has the ability to fully fund the acquisition of a property and seek a funding partner later.

Member Robert Williams made a motion to add the Timberlands Consolidated and WDA Partnership Property to the Group "A" List of eligible properties. Member Gordon Kipp seconded the motion that carried by unanimous voice vote.

Lafayette  Landings Property – This property is approximately 152 acres in size located east of SR11, east of the community of DeLeon Springs. There is no access to the property other than through the Timberlands Consolidated and WDA Partnership Property. The southern boundary abuts the Timberlands Consolidated and WDA Partnership Property, which is also being evaluated for placement on the Group "A" or "B" List of eligible properties for this cycle. The eastern boundary abuts the 15,500 acre Plum Creek Property that was jointly acquired in 2002 by the St. Johns River Water Management District and the County. The property primarily consists of pine plantation with the dominant habitat types being floodplain swamp and hydric flatwoods.

Member Alan Alshouse made a motion to add the Lafayette Landings Property to the Group "A" List of eligible properties. Member JoAnn O’Bannon seconded the motion that carried by unanimous voice vote.

Russell  (Port Orange) Property Rob Walsh reminded the Committee that this property had been submitted during the 1st cycle of 2003, but the Committee had not determined it as eligible for further consideration by a vote of 4 to 2. Since that time, the City of Port Orange contacted the Trust for Public Lands (TPL) who entered into a contract for purchase with the property owner. The City of Port Orange and TPL submitted an application to Florida Communities Trust (FCT) during this year for a 50% reimbursement and ranked 11th, which would qualify them for reimbursement monies. The City of Port Orange resubmitted an application to the Volusia Forever Land Acquisition Program for the 1st cycle of 2004 and was determined as eligible for further consideration. This property is approximately 18 acres in size located on the south side of Spruce Creek (an Outstanding Florida Waterway) in the city limits of Port Orange and west of I-95. It is surrounded by development with the southern boundary abutting a gated subdivision. The only land access is through the gated community. Otherwise, access would be via water from the Gamble Property. The property consists of three (3) habitat types; xeric hammock, upland mixed forest and floodplain swamp. Exotic species (i.e., bamboo, bahia) were found on the property, but in limited amounts. There are three (3) structures (a single-family dwelling, a barn and a shed) on the property. Should the County and City acquire this property, the City would primarily handle the management responsibilities after both parties enter into a management agreement that would be approved by County Council.

Kent 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 use this property for public use and an extension of the activities occurring on the Gamble Property. Access to the property would primarily be via water. The City's maintenance crews and/or caretaker would use the roadway that can be accessed through the gated community.

Member Gordon Kipp expressed a concern that Volusia Forever funds would be used to fund a city park with the County receiving little-to-no benefits.

Douglas Weaver explained that the property would be in joint ownership (City and County) with the City having the primary management responsibilities. The one thing that has changed is the level/percent of funding participation, which could be 25% County, 25% City and 50% State.

Member Robert Williams pointed out that the Committee's position has been not to acquire properties with single-family dwellings. He asked who would be responsible for the maintenance/repairs to this single-family dwelling.

Douglas Weaver reminded the Committee that Resolution 2004-80, Section 4 g, states that the acquisition of lands with structures is discouraged, but would be considered on a case-by-case basis.

Kent Donahue responded that the property owner would be replacing the roof prior to closing with TPL and the management responsibilities would be worked out between the City and County through a management agreement.

Lindsay Stevens, representative for TPL, was present to provide additional information and to answer any questions. She stated that the Russell's would be selling the property to TPL, who would in turn sell the property to the City of Port Orange for the same price. The Russell's agreed to replace the roof so it wouldn't have to be replaced for many years (15 - 20). As far as the other maintenance/repair responsibilities, this would be something that the City and County would work out through a management agreement.

Douglas Weaver explained that the County's preference would be to participate as a funding source and the City, through a management agreement, would handle the management responsibilities.

Kent Donahue added that any renovations to the house would be the responsibility of the City.

Member Robert Williams asked if the residents of the gated community would have pedestrian access to the property or would the sole access be via water.

Kent Donahue responded that the type of access (water and/or pedestrian) is being worked out and a definite answer could not be provided to the Committee. He added that the residents of the gated community do not have a park.

Member Phil Maroney expressed a concern that this property would be used as a private park for the adjoining gated community with public access being provided to the residents of the gated community.

Lindsey Stevens explained that TPL's goal is to acquire lands for preservation. Initially TPL had the same concerns that the Committee is having with the creation of a private park. However, the City has committed, through the FCT application, to provide access via the water from the Gamble Property, with additional acquisitions to connect the Russell Property to the Gamble Property. TPL views this type of commitment as providing pubic access to all as well as preservation of public lands.

Several Committee Members continued to express concerns over the type of public access and issues associated with the potential creation of a private park for the adjoining gated community.

Kent Donahue explained that the Committee's concerns would be addressed and any issues would be resolved between the City and County.

Member JoAnn O’Bannon made a motion to add the Russell (Port Orange) Property to the Group "A" List of eligible properties. Member Alan Alshouse seconded the motion that carried by a voice vote of 5 to 2 with Members Phil Maroney and Gordon Kipp opposing.

Chair Carrie Stewart requested that Kent Donahue provide the Committee with a summary addressing the Committee's concerns and issues.

Progress  Energy Astor Property – This property is approximately 1,600 acres in size consisting of six (6) parcels located in the southeast quadrant of Lake George, north of SR 40, west of the Town of Pierson. It is within the Division of Forestry's Lake George State Forest boundary and is on their "Desired Acquisition List" as well as the District's 1999 Acquisition List. There is access to the property via Shell Harbor Road and Volusia Bar Road, County maintained dirt roads. This property consists of two (2) habitat types; pine flatwoods and floodplain swamp. This property has been heavily forested and timbered. Progress Energy initially intended to use this property as a potential site for a power plant. Since that time, the property has been used for silviculture operations.

Member Anne Hallum asked which agency would manage the property should the County acquire it.

Randall Sleister responded that the management responsibilities have not been determined. However, they would most likely be turned over to the State.

Steven Strawn added that the Division of Forestry's mindset has changed from silviculture activities to restoration of lands.

Member Alan Alshouse made a motion to add the Progress Energy Astor Property to the Group "A" List of eligible properties. Member Robert Williams seconded the motion that carried by a unanimous voice vote.

Group B Properties

Mayo, Harrington and Kilian (Pine Island) Rob Walsh explained that the Mayo, Harrington and Kilian (Pine Island) Properties have been on the Group "B" List for four (4) cycles. Per Resolution 2004-80, the Committee has the authority to recommend to the County Council the removal of any property from the Group "B" List upon the expiration of four (4) ranking cycles. He added that there has been no change in the status of these properties (i.e., no funding partners, limited recreational opportunities). However, the County made an offer to the owners of the Mayo Property, but it was rejected and the counter offer was well above the appraisal.

Member Gordon Kipp made a motion to remove the Mayo, Harrington and Kilian Pine Island Properties from the Group "B" List of eligible properties. Member Phil Maroney seconded the motion that carried by unanimous voice vote.

Group A Properties

O’Reilly- King PropertyRob Walsh explained that initially the District had an interest in being a funding partner on the potential acquisition of the O'Reilly-King Property. However, the District has changed its position and is no longer interested in being a funding partner. It is staff's recommendation that the O'Reilly-King Property be moved from the Group "A'" List to the Group "B" List of eligible properties.

Douglas Weaver added that there is a long-term timber lease on this property possibly until 2015, which may be a factor concerning a fee simple acquisition and it may not allow public access. This property is not contiguous to other public lands.

Member Gordon Kipp made a motion to move the O’Reilly-King Property from the Group "A" List to the Group "B" List of eligible properties. Member Alan Alshouse seconded the motion that carried by unanimous voice vote.

Scheible Property - Rob Walsh explained that the County made an offer to the property owners, but an acceptable offer could not be reached. It is staff's recommendation to move the Scheible Property from the Group "A'" List to the Group "B" List of eligible properties.

Member Gordon Kipp made a motion to move the Scheible Property from the Group "A" List to the Group "B" List of eligible properties. Member Alan Alshouse seconded the motion that carried by unanimous voice vote.

Kirton Farm/Akins Property – Rob Walsh explained that the Kirton Farm/Akins Property had been moved from the Group "B" List to the Group "A" List by the County Council with instructions for County staff to seek funding from the USDA Farmland Protection Program. After two (2) attempts without success, it is staff's recommendation that the Kirton Farm/Akins Property be moved from the Group "A" List to the Group "B" List.

Discussion ensued regarding the removal of the Kirton Farm/Akins Property from the Group "A" List and the Group "B" List.

Member Robert Williams reminded the Committee that this property originally had been on the Group "B" List for several cycles and questioned why it should be placed back on that list after two (2) unsuccessful attempts had been made to seek funding from USDA Farmland Protection Program.

Member Robert Williams made a motion to remove the Kirton Farm/Akins Property from the Group "A" List and the Group "B" List of eligible properties. Member Gordon Kipp seconded the motion that carried by a voice vote of 6 to 1 with Member Anne Hallum opposed.

Other Properties - Rob Walsh explained that the following properties were currently under contract with third parties: Stanaki, Townsend-Schroeder Trust, Eagan (DeBary), Murphy (DeBary) and Akers Quail Ranch. At this time staff would recommend leaving these properties on the Group "A" List. However, the Akers Quail Ranch property is under new ownership after closing on September 24, 2004. Staff intends to meet with the new owner to discuss the potential for them to participate as a willing seller in the Volusia Forever Land Acquisition Program.

Douglas Weaver added that even though the applicants are willing sellers, this does not preclude them from seeking other offers. The real estate market is very competitive. The County and other funding agencies are limited by the appraisals, and it is hard to compete for land with those limitations. This is one of the reasons why the Group "A" List should be large. It allows County staff to work on the acquisition of several projects even though some may not come to fruition.

Staff Updates

FCT Applications - Rob Walsh explained that County staff had submitted an FCT application for the Bayou Bay and Paul Properties, which are located in the Doris Leeper Spruce Creek Preserve. These acquisitions were purchased with 100% of Volusia Forever monies and County staff was seeking a 50% reimbursement for these properties. The application scored #4 out of 77 and would receive a 50% reimbursement ($1.3 million).

Committee Meetings - Rob Walsh stated that it was staff's recommendation to cancel the November and December meetings. The Committee agreed and canceled the November and December meetings. The next meeting will be held on January 19, 2005, which is the first meeting of the year 2005. After reviewing the meeting records, staff would recommend that the 2005 meeting schedule be trimmed down to 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 2005 meeting schedule.

Florida Natural Areas Inventory - Douglas Weaver explained that a natural areas assessment was conducted on seven (7) of the County's sites (Barberville, Catholic diocese, Green Springs, Lake George, Southern Pines, Var-Gal, Wiregrass Prairie Preserve). This assessment was conducted to provide assistance with what type of land management practices are needed on various sites.

Randall Sleister added that the assessment also helps support the County's acquisition efforts in the Volusia/Flagler Conservation Corridor by identifying endangered species that are found within the Corridor.

General Updates -Douglas Weaver introduced two (2) new employees of the Land Acquisition and Management Division, Allison Perquin and Mark Rizzo. He explained that these new employees were Biologists and would complement the Forestry staff. He also stated that one (1) new position was approved for FY 2004/2005, which has been filled by Bonnie Cary. Ms. Cary will be the Division's Naturalist, Outreach Education Coordinator.

Public Comments/Participation

Sam Roth, representative for the owners of the RBD Limited Property, requested that the Committee move the property from the Group "B" to the Group "A" List of eligible properties. This property is 350 acres in size located on the St. Johns River off SR 44 in DeLand. It is adjacent to the Lake Woodruff National Wildlife Refuge. He added that there are developers interested in acquiring this property.

Rob Walsh explained that there has been no change in the status of this property. Initially, the Lake Woodruff National Wildlife Refuge expressed an interest in the potential acquisition of this property through conversations with Harold Morrow, Refuge Manager. At this time they are not able to be a funding partner for the acquisition of this property. This acquisition would also require a boundary adjustment, which the refuge is not in a position to undertake.

Member Alan Alshouse recalled that this property was less than 5% developable and would be very expensive to develop with all the wetland impact/mitigation fees.

Randall Sleister added that the property consisted primarily of floodplain swamp and the development potential was very limited.

Sam Roth continued to plead his case to have the Committee move the RDB Limited Property from the Group "B" List to the Group "A" List.

Member Anne Hallum asked if the only component that held this property up from being a Group "A" List property was the lack of a funding partner.

Rob Walsh explained that the lack of a funding partner was not the only reason why this property was placed on the Group "B" List. One of the other provisions is public access, which is very limited as this property is surrounded on three (3) sides by water and the majority of the property is floodplain swamp.

Chair Carrie Stewart stated that the Committee was not prepared to take action and move this property to the Group "A" List. However, she informed Mr. Roth that the Committee’s recommendations would be forwarded to the County Council for approval on November 11, 2004, and it was his right to present this request to them for final approval.

Adjournment

Meeting adjourned at 5:34p.m.

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