Meeting Called
to Order
Chairman Reid
Hughes called the meeting to order at 3:32p.m.
Roll Call
Chairman Reid
Hughes dispensed with the roll call but instructed the Recording
Secretary to record the roll of the Members in attendance, in which
seven (7) Members were present. Members Dennis Bayer and Alan Alshouse
were recorded with an Excused Absence.
Approval of
Minutes
Reid Hughes,
Chair, called for a motion to approve the October 15, 2002,
Minutes. Member Robert Williams made a motion to approve the
minutes with amendments. Member Richard Schuler seconded the
motion that carried by unanimous voice vote.
Discussion and
Determination of Eligibility for Submitted Applications
Hamlin-Dunn
Cattle Co., Inc. Property -
Rob Walsh provided the following information about this property: 1) it
is 1,172 acres in size; 2) it is located in the southern part of the
County, very close to the Brevard County line; 3) a conservation
easement was initially discussed, however, the Owner Representative,
Dean Saunders of Saunders Real Estate, explained that recently the
owners indicated that they were willing to entertain a fee simple
acquisition for this property; 4) public access could be an issue; 5) it
is pine plantation/silviculture property; and 6) conservation lands are
near this property, but not adjacent to it.
Chairman Reid
Hughes stated that this property could provide protection to the Lake
Harney ecosystem.
Doug Weaver
provided a map, for clarification, depicting the location of the
property and where it lays in relation to other conservation lands.
Member Robert
Williams asked if the owners could continue to manage this as a timber
operation with a conservation easement along with residential
development of properties in the area.
Rob Walsh stated
that there should be no reason why the timber operation could not
continue.
There was
discussion regarding access to the property after Member Richard Schuler
questioned how the owners currently had access to the property.
Douglas Weaver
explained that the owners should have access to the property through
technical easement rights as you can't have a land locked piece of
property. He further explained that with the conservation easement the
public access should not be a problem. However, if there is a fee simple
acquisition, public access could become an issue or be problematic.
Member Anne
Hallum made a motion to accept the Hamlin-Dunn Cattle, Co.
Property Application as an eligible project. Member Robert Williams seconded
the motion that carried by unanimous voice vote.
Frank Dubrule
Property - Rob Walsh
provided photographs of the property and the following information about
this property: 1) it is located in Ormond Beach on the east or beach
side of A1A; 2) the legal description takes this property down to the
high water mark; 3) it was acquired by the current owner through a tax
sale; 4) there is beach front parking on the County right-of-way of A1A;
and 5) the property owner has given the County the right of first
refusal.
Member Gordon
Kipp asked if the property was wide enough to build on.
Rob Walsh stated
that staff could not speculate as to whether or not the owner could
build on the property. He explained that the owner could encounter
obstacles with regards to obtaining permits from the Florida Department
of Environmental Protection (DEP), as building would occur on the dunes.
Member Gordon
Kipp questioned what the County would or could do with this property if
an acquisition occurred, as there are issues with off-beach parking and
the dangers that are associated with backing into the County's
right-of-way.
Rob Walsh
explained that the County does own parcels to the north and south of
this property.
Member Gordon
Kipp suggested that this application be considered for preservation of
the dunes.
Member Robert
Williams agreed that the acquisition of the property should be
considered, as preservation of the dunes is important. He questioned
whether the application was a valid project for this Committee, or if
another agency should be considering this property for acquisition.
Chairman Reid
Hughes stated that this application meets very few of the criteria
established by the Committee for determination of eligibility.
Discussion
continued regarding which agency should be considering this property for
acquisition. The Committee suggested forwarding the application to ECHO,
the Beach Department and/or Leisure Services for consideration.
Member Carrie
Stewart made a motion to accept the Frank Dubrule Property
Application as an eligible project. Member Gordon Kipp seconded
the motion that failed by a voice vote of 3 to 3, as
Resolution 2001-198 requires an affirmative vote of at least five
(5) Members to pass.
The Committee
instructed staff to investigate and forward this application to an
agency that would be most likely to acquire this property for protection
of the dune ecosystem. They also suggested coordinating with the ECHO
Committee regarding applications that appear to be ECHO projects in an
attempt to prevent the potential lose of properties that the Forever
Committee deems important, but do not meet their eligibility criteria.
Amend
Current "A" List to Include the Volusia Conservation
Corridor
Rob Walsh
explained that the Volusia Conservation Corridor has been the overriding
priority for land acquisition programs in Volusia County, and staff was
requesting that the Committee amend their approved "A" List of
properties to add the Corridor. With this amendment, the Committee would
reaffirm the Corridor's importance and staff would be able to handle any
acquisitions easier.
Member Carrie
Stewart made a motion to approve the amended Group "A"
List to include the Volusia Conservation Corridor. Member Robert
Williams seconded the motion that carried by a unanimous
voice vote.
Member Robert
Williams asked if staff or some other entity defined the limits
(boundaries) of the Volusia Conservation Corridor.
Rob Walsh stated
that the Volusia Conservation Corridor has been defined by the State.
Member Robert
Williams expressed a concern with having defined limits of the Corridor
and did not want potential acquisitions to be overlooked just because it
was not in the Corridor, but was adjacent to the Corridor.
Chairman Reid
Hughes explained that potential acquisitions would be enhanced because
they were adjacent to public owned properties.
Doug Weaver
utilized the Plum Creek/Rayonier acquisition as an example of an
acquisition of properties that are within and adjacent to the Corridor.
He explained that even though the property was not entirely in the
Corridor, staff presented the project to the Committee for approval. He
stated that you need to be opportunistic. If you can't acquire property
within the Corridor then you pursue property that is adjacent to the
Corridor.
Member Robert
Williams asked if having the Corridor on the "A" List would be
harmful to other potential acquisitions (i.e., increasing the market
value of property).
Rob Walsh
explained that there should be no harm in adding the Corridor to the
"A" List, as this list would only show the properties that
have been determined as being important.
Ray Bunton of
the SJRWMD stated that by the Committee adding the Corridor to the
"A" List of properties, the Committee would be sending a
message to the State just how important the Corridor is to the County
and the Water Management District.
Member Richard
Schuler asked if properties in the Corridor would automatically be
placed on the eligible list.
Doug Weaver
replied that they would be placed on the eligible list. However, staff
would review the properties in the Corridor being considered for
acquisition with the Committee and staff would request that the
Committee provide support for the acquisition of the property. He stated
that staff was recommending the addition of the Corridor to the
"A" List to clearly show that the Corridor is a priority for
land acquisition and to simplify the process.
Member Robert
Williams asked if the positioning of the properties on the "A"
List would come into play if the property in the number 4 position
became acquirable (i.e., negotiations completed and acquisition
agreeable by all parties), but the Corridor was in the number 1
position.
Rob Walsh
explained that, just because a property is positioned on the
"A" List higher than another property, this would not hinder
staff from actively pursuing any property on the "A" List.
Ray Bunton
stated that the State has also established an "A" list of
properties and that any property on the "A" List was equal,
regardless of the position.
Presentation and
Discussion of Proposed SJRWMD Acquisition Projects
Ray Bunton
provided a map depicting the current boundaries of the Volusia
Conservation Corridor, a booklet with photographs of three (3) proposed
acquisitions, and a brief update on some properties recently acquired in
the Volusia Conservation Corridor, which are:
1) Menard
Property - 1,347 acres located near Lake Ashby and the first joint
acquisition between the County and District since the establishment of
the Volusia Forever Advisory Committee; and
2) Smith
Property - 841 acres, "full fee" acquisition being purchased
with FDOT mitigation money.
He stated that,
currently, there are three (3) proposed "less than full fee"
acquisitions (conservation easements) that the District's Governing
Board approved at their October 8, 2002, meeting. These
proposed acquisitions are:
The conservation
easement provisions for these properties are as follows:
limited
silviculture on the property (i.e., harvesting timber, replanting
trees);
cattle operation
on the pasture areas which would be subject to Natural Resources
Conservation Services Guidelines for the number of animal units per
acre;
limited
subdivision of the property and allowed number of homesites that can be
constructed;
-
no mining;
-
no
additional roads;
-
no
hydrological modifications;
-
no
billboards;
-
control of
nuisance vegetation;
-
no increase
in improved pasture areas; and
the owner is
required to prepare a land management plan subject to the approval by
the District or the District and the County.
The goal is to
preserve the land in virtually the same state that it is currently in.
The District is requesting that Volusia County partner with them in the
acquisition of these properties and contribute 25% of the purchase price
plus 25% of the closing costs.
Member Anne
Hallum made a motion recommending to the County Council the joint
acquisition of the Donald Fore, Marvin Fore and W.T. Ranch properties
with the County contributing 25% of the purchase price (approximately
$842,000) and 25% of the closing costs, and add this is property to the
"A" List. Member Robert Williams seconded the motion
that carried by unanimous voice vote.
Discussion and
Approval of Amended Resolution 2001-198
Rob Walsh
explained that staff deemed it appropriate to review, refine and amend
Resolution 2001-198 after going through the ranking process twice.
The major changes to Resolution 2001-198, which would assist in
streamlining the ranking process, are as follows:
Eliminating the
requirement for the County Manager to report annually to County Council
on financing alternatives to land acquisition.
Adding the
ability to pre-acquire parcels of land and subsequently seek
reimbursement from a state, federal, or water management district land
acquisition program.
Adding the
ability to expedite the acquisition procedures when the County is not
the lead agency.
Adding language
regarding the preference for vacant land, free of structures.
Revised the Site
Ranking Criteria to make initial review of applications more meaningful.
Adding a
procedure for removing properties from the "B" List.
Adding a Small
Lot Acquisition Program section.
There was
discussion regarding the properties on the "B" List after Rob
Walsh stated that staff was suggesting the addition of language to allow
the Committee a process to eliminate applications that are stagnant.
Member Gordon
Kipp asked what would happen to an application on the "A" List
if the owner was no longer a willing seller.
Rob Walsh
responded that any property could be removed from the "A" or
"B" List if the owner was no longer a willing seller. He
stated that staff would annually review the status of the properties on
the "B" List and contact the owner(s) to verify their interest
in continuing to participate in the Volusia Forever Land Acquisition
Program. Staff would then be afforded the opportunity to remove the
property if the owner(s) were no longer willing sellers.
There was
discussion regarding the monetary limits for the Small Lot Acquisition
Program after Member Phil Maroney asked why broad language had been used
with regards to the monetary amount set-aside for this program.
Rob Walsh stated
that the broad language was used in an attempt to minimize amending the
resolution in the future. He further stated that any changes to the
amount and/or percentage could be handled simply by changing the Small
Lot Acquisition procedures.
Chairman Reid
Hughes stated that the most significant change was the addition of
language to pre-acquire parcels. However, the Committee would be allowed
to reject this type of request from staff. He further stated that other
counties had been utilizing this method. This would allow more
flexibility and the ability to prevent the loss of vital pieces of
property. The only down side would be that the Committee would be taking
the risk of funding the acquisition 100%.
Doug Weaver
stated that the change to allow pre-acquisition of properties would
allow staff to have the ability/flexibility to act quickly and then seek
a funding partner. Staff's intent was not to make this the general rule.
He explained a circumstance that occurred with an FCT application, where
points for pre-acquisition could have placed the application on the list
for funding instead of contingent funding or no funding.
Member Phil
Maroney stated that he supported staff's recommendation to add the
pre-acquisition language, but expressed a concern where the funds would
be deposited and how they would be utilized when a funding partner was
obtained.
Rob Walsh
responded that the funds obtained from a funding partner would be placed
back into the Volusia Forever account for land acquisition.
Frank B. Gummey,
III stated that it has been the County's policy to deposit reimbursement
funds from a funding partner back into the account in which they
originated from.
Member Robert
Williams suggested contacting the Trust for Public Land (TPL) or The
Nature Conservancy (TNC) to establish communication with potential
funding partners.
Doug Weaver
stated that this is a good suggestion and the opportunity may arise
where TPL or TNC may be asked to assist in funding an acquisition. He
explained that the idea behind this change was to allow flexibility and
to be opportunistic. He also explained that there could be instances
where the County would have to fund an acquisition 100%.
Member Anne
Hallum asked why another agency would be willing to partner with the
County if the County owns the property that is now conservation land.
Doug Weaver
explained that the pre-acquisition scenario would primarily be utilized
when seeking reimbursement from FCT as they allow additional points for
pre-acquisition.
Rob Walsh stated
that FCT allows two (2) chances for funding, so if an application fails
one year, there is a second chance allowed the following year for FCT
funding.
Member Phil
Maroney made a motion to approve the amendments to Resolution
2001-198, as proposed by staff. Member Gordon Kipp seconded the
motion that carried by unanimous voice vote.
Member Gordon
Kipp suggested adding language stating that the Volusia Forever Advisory
Committee would be recommending to the County Council the acquisition of
properties.
Frank B. Gummey,
III, recommended not adding the language suggested by Member Gordon Kipp
as other sections in the Resolution provide for the recommendation and
ranking. He stated that the Resolution provides a process that requires
review and ranking of properties for acquisition.
Doug Weaver
clarified that only the properties on the "A" List would be
reviewed and recommended for pre-acquisition.
Member Gordon
Kipp asked who would be making the recommendation to County Council.
Rob Walsh
explained that once the Committee approves the "A" List, staff
would present the Committee's recommendation to the County Council to
approve the "A" List.
Rob Walsh stated
that staff was making one (1) additional change on Page 7, Subsection D,
which would read: "Each property application should meet a minimum
of 4 of the 14 Primary Site Ranking Criteria." He explained that an
analysis of the properties determined as eligible and not eligible
provided staff with the number. This would address some of the issues
where you have a property that doesn't meet any or many of the criteria
to qualify as an eligible property.
Member Anne
Hallum asked what was done to improve the Ranking Criteria.
Rob Walsh stated
that the Ranking Criteria had been reworked to make the rating easier to
complete and understand. He explained that there was an addition to the
criteria, which was not a Primary Criteria, to address the issue of
access to the property.
Other Business
Doug Weaver
requested a recommendation from the Committee to pre-acquire the
Catholic Diocese property.
Chairman Reid
Hughes postponed any action by the Committee on recommending or
approving the pre-acquisition of the Catholic Diocese property.
Member Robert
Williams questioned how the Committee did not determine the Dubrule
property as eligible after reviewing the amendments to the Site Ranking
Criteria. He expressed a concern with determining other properties as
eligible that do not meet as many or more of the criteria, which the
Dubrule property does now.
Rob Walsh stated
that staff questioned how much ecological value there was on the Dubrule
property for it to be considered for acquisition.
Because Frank B.
Gummey, III was not present earlier when there was discussion about
referring applications to ECHO, he explained that ECHO is a project
program relying on applications from local governments, municipalities,
and not for profits. It is not a willing seller program and the ECHO
Committee does not generate projects. It does not have a Conservation
Corridor where it is looking to place projects. It is relying on
applicants.
Chairman Reid
Hughes canceled the Committee Meeting scheduled for
December 18, 2002. The next Committee Meeting will be held on
January 15, 2003.
Adjournment
Meeting adjourned at 4:53p.m.
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