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MINUTES
VOLUSIA FOREVER ADVISORY COMMITTEE
(approved)
Wednesday, December 19, 2001
3:30 - 5:30p.m.
Thomas C. Kelly Building, Training Rooms 1 & 2
123 West Indiana Avenue, DeLand, Florida 32720

Board Members in Attendance Also in Attendance

Reid Hughes, Chair
Dennis Bayer, Vice Chair
Carrie Stewart
Gordon Kipp
Richard Schuler
Anne Hallum

Doug Weaver
Rob Walsh
Randall Sleister
Frank B. Gummey, III
Bill Gardner
Jeanette Munson

Al Everson
Elizabeth Layton
Steve Triece
Sam Roth
Lynne Plaskett
Philip Maroney

Meeting Called to Order

Reid Hughes, Chair, called the meeting to order at 3:32 p.m.

Roll Call

Reid Hughes, Chair, instructed the Recording Secretary to record the roll of the Members in attendance, in which six (6) Members were present establishing a quorum.

Approval of Minutes

Reid Hughes, Chair, called for a motion to approve the September 19, 2001, and November 21, 2001, Minutes. Member Gordon Kipp made a motion to approve the September 19, 2001, and November 21, 2001, Minutes with no corrections or additions. Member Richard Schuler seconded the motion that carried by unanimous voice vote.

Update on the December 4, 2001, Countywide Parks, Trails and Natural Lands Master Plan Workshop

Rob Walsh provided a brief update regarding the December 4, 2001, follow-up session of the Countywide Parks, Trails and Natural Lands Master Plan workshop held in New Smyrna Beach. He explained that the topics of discussion and items of review were as follows:

  1. Reviewed the maps that were developed from the October 29, 2001, meeting;
  2. Discussed the Volusia Conservation Corridor, which had been identified on the map;
  3. Discussed the completion of existing projects such as North Peninsula State Recreation area, Spruce Creek Preserve, and Lake George parcels;
  4. Discussed other potential projects identified on the map, such as Hart Cattle Company property in southeast Volusia County; Indiana River Lagoon Blue Way; and the State Road 40 Connector from Lake George to Ormond Beach along SR 40;
  5. Discussed the cost estimate spreadsheets prepared by Glatting Jackson, which had been developed from information provided on October 29,2001;
  6. Discussed potential funding sources and the fact that the County already designated up to 10% of its annual tax revenues, approximately $8.8 million over 20-years with a "pay as you go" program, to be utilized for access, improvements, etc.

He further explained that additional information would be necessary to clarify and/or further define information on the cost spreadsheet, along with updating the maps. Currently, the acquisition cost estimates are $3,000/acre for natural lands and $1,000/acre for conservation lands. A request was made for staff to inventory the current habitats to assist in the further development of the map into layers that would also assist in focusing on potential project areas. This information would be worked on over the next couple of months and a quasi-final report would be provided in approximately 60-90 days (i.e., 1st quarter of 2002).

Richards Schuler asked if the cost estimates included infrastructure or were they strictly management costs?

Rob Walsh explained that the cost estimates did not clearly define whether these figures included infrastructure. He explained that Glatting Jackson had requested additional information to assist in better defining the cost estimates, which would be based on different scenarios (i.e., lands that are: less than 500 acres; 500-1000 acres; or over 1000 acres). Staff would be defining the management criteria (i.e., what are the tasks to be performed under management?).

Discussion ensued as to whether the fees for management are one-time fees or renewed annually. Rob Walsh explained that these fees, per the spreadsheets that were provided at the workshop, are annual O&M (Operations and Maintenance) fees. He further explained that the estimated cost would be $10,000/acre.

Randall Sleister explained that the $10,000/acre figure comes from the Water Management District projects used for mitigation. When someone has mitigation and they are turning the land over to the state, the District requires $10,000/acre for the management in perpetuity. He further explained that the management fees should be one-time.

Member Dennis Bayer asked what the difference was between natural and conservation lands?

Rob Walsh explained that question had been raised at the workshop and participants requested that natural and conservation lands be defined.

Update on Florida Communities Trust, and Acquisition and Restoration Council Rankings of Volusia County Projects

Douglas Weaver reviewed the memo that had been provided to the Committee with regards to the Florida Communities Trust (FCT), and Acquisition and Restoration Council (ARC) funding awards. He explained that during the December 5 and 6, 2001, ARC meeting the Volusia Conservation Corridor, which is approximately 36,000 acres, was moved to the "A" list. He expressed gratitude to the following for their assistance in achieving this gratifying goal: The Volusia Forever Advisory Committee; Mr. Herky Huffman; and Dr. Allen Egbert, Executive Director of the Florida Fish and Wildlife Commission. On November 29 and 30, 2001, staff met with members of FCT in which the 215-acre Doris Leeper/Spruce Creek Preserve Project was awarded $735,000 in matching funds with an estimated total project cost of $1,470,000; and the 29-acre North Peninsula Inholding Phase II Project was awarded $446,500 in matching funds with an estimated total project cost of $893,000. However, a third project, the 2.3-acre Esther Street Project, was not awarded a grant. In addition, both the Doris Leeper/Spruce Creek Preserve and the Three Chimneys Projects were moved to the ARC’s "A" list. He also explained that the acquisition of the Hart Cattle Company property was moving forward with St. Johns River Water Management District as the lead agency and Department of Transportation as a funding partner.

Chairman Reid Hughes also expressed gratitude to the Committee for their efforts in lobbying to have the Volusia Conservation Corridor moved to ARC’s "A" list.

Discussion ensued with regards to the total cost for the projects with Douglas Weaver providing the following costs:

  1. The Volusia Conservation Corridor - approximately $10 million over several years
  2. Doris Leeper/Spruce Creek Preserve - $1,470,000
  3. North Peninsula Inholdings Phase II - $893,000

Rob Walsh explained that the County’s portion for projects 2) and 3) would be 50% of the total, which would be approximately $1.1 million.

Douglas Weaver explained that although the Volusia Conservation Corridor’s "Fee Simple" portion of the project was moved to the "A" list, the "Less Than Fee" portion (i.e., conservation easements) of the project remained on the "B" list. He further explained that administratively this portion of the project should be moved to the "A" list in February 2002.

Discussion of the Elkcam Road Extension

Discussion ensued regarding the removal of the Elkcam Road Extension, which is located in the Volusia Conservation Corridor, from the MPO 5-year plan after Member Carrie Stewart expressed the need to lobby the County Council for this removal and explained the potential purchasing problems.

Chairman Reid Hughes pointed out that the Committee has previously conveyed to the County Council via a letter from the Chairman that outlines their position, which is for the County Council to refrain from planning or discussing roads through the Volusia Conservation Corridor. He further explained that staff has been requested to investigate the MPO 5-year plan and the status of the Elkcam Extension.

Douglas Weaver explained that Rob Walsh would be investigating the status of the Elkcam Extension as to what plan(s) it is on and providing an update to the Committee at their January 16, 2002, meeting.

Discussion and Determination of Eligibility for Submitted Applications:

Chairman Reid Hughes reminded the Committee of the procedures, which were provided to the Committee as a flowchart at the November 21, 2001, meeting.

Rob Walsh explained that the Committee would be reviewing and determining if any of the three projects submitted were eligible. He also explained that staff had reviewed the applications for completeness, performed a cursory review of the properties, and provided the Committee with copies of the report depicting how the properties met or do not meet the criteria that had been established by the Committee under Resolution 2001-198. He re-emphasized the January 31, 2002, deadline for this first cycle of applications and reviewed the timetable for this first cycle as follows:

December 2001 thru February 2002 - Committee determines if applications are eligible.

March/April 2002 – Committee rates/ranks properties previously determined as eligible with the assistance of a complete analysis report provided by staff for each property. The Committee will also group projects into Group A or B lists.

April/May 2002 – Committee’s project recommendations forwarded to County Council for approval. With this timeline we would fall in line with FCT and ARC/Florida Forever application deadline for matching funds.

Discussion ensued regarding the separation of the projects into a Group A or B listing after Member Carrie Stewart questioned the necessity for this procedure as the County Council would be reviewing both groups.

Rob Walsh explained that projects ranked and placed on the Group A list must be eligible for matching funds, and the projects on the Group B list could be fully funded by the Volusia Forever Program. He further explained that the Committee created the Group A and B list under Resolution 2001-198. He also explained that by utilizing the Group A and B lists, the Committee would emphasize to the County Council the projects that are most important to the Committee.

Chairman Reid Hughes explained that by utilizing the Group A and B lists, we would be paralleling the State’s Florida Forever program. He reviewed the timeline outlined by Rob Walsh and explained that by summer the Committee would be looking for applications for the 2nd cycle. He recommended that staff continue communicating and developing relationships with state and county agencies.

Discussion ensued regarding priority areas, such as scrub jay habitats, after Member Dennis Bayer inquired how staff would actively be pursuing small lot acquisitions of this nature.

Randall Sleister informed the Committee that staff would be providing applications to the Committee for small lots acquisitions sometime in the future. However, staff has been directed to focus on North Peninsula Inholdings, Spruce Creek Preserve, and Lake George outparcels.

Member Dennis Bayer expressed the need to prioritize acquisition of parcels that are under development pressures, such as scrub jay habitats.

Discussion continued regarding scrub jay habitats with Randall Sleister explaining that the Scrub Jay HCP was currently researching information on scrub jay habitats, and eventually staff would focus on potential parcels for acquisition.

Douglas Weaver indicated that staff would be providing proactive small lot acquisition applications to the Committee for funding in the future.

  1. Catholic Diocese Property – Chairman Reid Hughes explained that this property is located along the St. Johns River, adjacent to or near St. Johns River Water Management District property; it has water resource criteria; and there is potential for partnering with the St. Johns River Water Management District.
  2. Rob Walsh advised the Committee that staff had been provided additional information after the application was received and staff had prepared the initial report. He further explained that there is a potential link along the St. Johns River to lands currently in the St. Johns River Water Management District’s 5-year acquisition plan.

    Randall Sleister explained that initially this property was viewed as a stand-alone project. However, the potential linkage with St. Johns River Water Management District property has elevated the standing of this property. He further explained that this was the only site of the three potential applications that staff visited.

    Members Carrie Stewart asked what kind of recreation opportunities would this property increase?

    Rob Walsh pointed out that there would be excellent opportunities to put in a canoe/kayak launch for water recreation. He also explained that the Catholic Diocese has utilized this property for primitive camping for the Boy Scouts along with other groups throughout Central Florida.

    Mr. Steve Triece, Representative for the Catholic Diocese, was present to provide additional information to the Committee. He explained that this site is historically known as "Marshall’s Bluff" where people had done swimming, boating, and primitive camping; and that it is the desire of the Catholic Diocese to make this public land. He also explained that Seminole County would be acquiring property directly across the river through their acquisition program that would further promote outdoor recreation for this area.

    Randall Sleister pointed out the property on the map of Volusia County for the Committee.

    Member Dennis Bayer asked Mr. Steve Triece if the property on the Seminole County side was public land?

    Mr. Steve Triece explained that this property was public land and is better know as the Boar’s Head Tract by Seminole County’s Land Acquisition Committee. He also explained that the Seminole County’s Landfill is to the south of this property and that Seminole County was trying to preserve as much waterfront property as possible for the natural habitats.

    Discussion ensued with regards to the staff report after several members requested clarification on staff’s evaluation.

    Randall Sleister explained that staff had found it difficult to interpret the meaning or intent of the rating/ranking criteria.

    Member Carrie Stewart requested the assessed value of this property.

    Rob Walsh responded that the assessed value is $239,000.

    Douglas Weaver explained that staff incorporated the "high to low" criteria range on the Initial Review Report for guidance instead of simply answering yes or no.

    Rob Walsh explained that the information contained in the "Initial Review Report" is preliminary and very general. After the property has been determined "eligible" then staff will provide a report that would be more in-depth, along with a presentation for the rating/ranking process.

    Member Carrie Stewart made a motion to accept the Catholic Diocese Property Application as an eligible project. Member Gordon Kipp seconded the motion that carried by unanimous voice vote.

  3. Reetz Property – Randall Sleister pointed out on the map of Volusia County the general location of this property, which is near the Plantation Pines Subdivision in Ormond Beach off of SR 40.

Chairman Reid Hughes explained the negatives of this property as follows:

    1. The property is not adjacent to any public land;
    2. The property is far removed or a stand alone parcel;
    3. The property is less than 5-acres in size; and
    4. The only criteria given on the application was that the owner couldn’t sell this property to any other potential purchaser.

Discussion ensued regarding wetlands after Member Gordon Kipp asked if this property was surrounded by wetlands, and if this area would need to be protected from the endangerment of development.

Chairman Reid Hughes brought up the issue regarding who would be partnering with Volusia Forever for the purchase of this parcel.

Douglas Weaver advised the Committee that staff would be developing small lot acquisitions to assist with the protection of parcels of this size and type of problems. He further explained that the main focus would be larger parcels such as the Volusia Conservation Corridor, the North Peninsula Inholdings and Spruce Creek Preserve.

Discussion continued with regards to the protection of the wetlands on this parcel. Member Dennis Bayer explained that the wetlands should be protected through the County’s building and review process; and the requirement of a conservation easement and 25-foot buffer.

Member Dennis Bayer made a motion to not accept the Reetz Property Application as an eligible project. Member Carrie Stewart seconded the motion that carried by a vote of 5 to 1 with Member Gordon Kipp opposing.

3. Emporia/Pierson (Heinemann) Property – Rob Walsh explained that this application is comprised of multiple parcels adjacent to the Barberville Mitigation Area/Bank and Lake George parcels, which establishes a connector between the properties.

Member Carrie Stewart asked for the total appraised value of the properties on this application.

Rob Walsh reported that the approximate property appraiser’s appraised value would be $654,000 for all four parcels.

Lynne Plaskett, a public participant, requested clarification on the process and completeness of applications after the Committee requested additional information from staff, such as County maps, property appraisers assessed values, etc.

Rob Walsh explained that the three applications being reviewed by the Committee are complete applications. He further explained that the additional information the Committee is requesting would be incorporated as part of staff’s report to the Committee.

Member Dennis Bayer made a motion to accept the Emporia/Pierson Property Application as an eligible project. Member Gordon Kipp seconded the motion that carried by unanimous voice vote.

Randall Sleister presented a map of Volusia County depicting county and state conservation lands to assist the Committee with locating the potential properties for acquisition. This map was utilized to visually assist the Committee in locating the properties, but also to see where they reside in relation to other conservation lands.

Discussion ensued with regards to staff’s report and how this report could be expanded upon. The Committee requested that staff provide the following additional information in staff’s report when potential applications are being reviewed for eligibility determination:

  1. Map of the County depicting conservation lands, public lands, etc.;
  2. Maps of the adjacent counties (i.e., Brevard, Flagler, Lake, and Seminole Counties) depicting conservation lands, public lands, etc.
  3. The property appraiser’s assessed value of the properties.

Establishment of 2002 Committee Meeting Schedule

Rob Walsh provided the Committee with a proposed 2002 meeting calendar based on the current meeting schedule, which is the 3rd Wednesday of each month from 3:30p.m. - 5:30p.m. He explained that a member has requested that the meetings be held later (4:00 or 4:30p.m.).

Chairman Reid Hughes and the Committee determined that the meeting schedule would continue on the 3rd Wednesday of each month from 3:30p.m. – 5:30p.m.

Rob Walsh advised the Committee that a meeting schedule for 2002 would be provided, which would include the meeting locations.

Other Business

Discussion ensued regarding Resolution 2000-169, Section XI (Prohibitions), after Member Dennis Bayer requested clarification from Frank B. Gummey, III as to what the Committee would or would not be allowed to do in regards to obtaining information from potential partners.

Frank B. Gummey, III explained that a Committee Member obtaining information from a potential partner might not violate the "Prohibition". However, someone could question a Committee member’s motive for seeking such information. He further explained that the function of seeking information or communicating with potential partners would be a staff driven process, per Resolution 2000-169, Section IX (Prohibitions). He also re-emphasized to the Committee that they are prohibited from soliciting, contacting or negotiating per Section XI (Prohibitions), which reads as follows: "At other than Committee meetings, the Committee and each member thereof are prohibited from soliciting offers or negotiating or otherwise engaging in contact with the owners or representative of owners of properties that may be considered for acquisition or improvement of lands by the Volusia Forever Program. The responsibility for publicizing the Program and soliciting, contacting and negotiating with property owners, potential sellers, or representatives thereof is the sole responsibility of the County Manager or designee. Members of the Committee are prohibited from representing the Volusia Forever Program or County interests to any public or private land acquisition or preservation support entity including the St. Johns River Water Management District, the State of Florida and the United States of America unless otherwise directed by the County Council or County Manager or the designee."

Member Anne Hallum asked how the Volusia Forever Application and process was being advertised/promoted.

Rob Walsh explained that the Volusia Forever Application and process were being promoted through Volusia County’s radio and television programs, letters, and communication with the Realtor Board and local municipalities. He also explained that the newspaper ad, which the Committee approved to be published, would not be published per directions from the County Council.

Discussion ensued regarding a willing seller’s expectations when there has been contact with Committee members. Frank B. Gummey, III explained that potential applicants could have expectations of favorable treatment when they have been in contact with a Committee member. He re-emphasized Section IX of Resolution 2000-169 and requested that the Committee refrain from becoming involved with questions or negotiations of potential applicants. He suggested that the Committee refer potential applicants to County staff for assistance.

Public Comments

Mr. Sam Roth explained that an application had been submitted today to Rob Walsh.

Ms. Lynne Plaskett asked what the procedure would be if an applicant is willing to sell the property to the County but there is an issue with the County managing the property.

Chairman Reid Hughes explained that Resolution 2001-198 does not mandate that just because Volusia County owns the property that they have to manage it. He further explained that the County would be looking for partners who would be willing to handle the management of properties.

Adjournment

Meeting adjourned at 5:05p.m.

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