back to home page

MINUTES
VOLUSIA FOREVER ADVISORY COMMITTEE

Wednesday, August 15, 2001
3:00p.m. - 5:00p.m.
VOTRAN
950 Big Tree Road, South Daytona, FL 32119

Board Members in Attendance

Also in Attendance

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

Bill Gardner 
Rob Walsh 
Dinah Pulver
Randall Sleister 
Jeanette Munson 

Doug Weaver 
Frank B. Gummey, Jr.
Allen Cole
Jay Bushnell
Frankie Robert

Meeting Called to Order

Reid Hughes, Chair, called the meeting to order at 3:05p.m.

Roll Call

Reid Hughes, Chair, instructed the Recording Secretary to record the roll of the Members in attendance.

Approval of Minutes

Chairman Reid Hughes requested approval of the July 11, 2001, and July 24, 2001, minutes. Member Gordon Kipp made a motion to approve the July 11, 2001, and July 24, 2001, minutes, as prepared. Chairman Reid Hughes declared the July 11, 2001, and July 24, 2001, minutes approved, as prepared.

Discussion of Letter to County Council

Chairman Reid Hughes presented two (2) letters addressed to the Volusia County Council from the Volusia Forever Advisory Committee regarding the Volusia Conservation Corridor, which are dated July 27, 2001, and August 1, 2001. The letter dated July 27, 2001, requested assistance in lobbying the State to have the project known as the Volusia Conservation Corridor moved up to the "A" list from the "B" list. The letter dated August 1, 2001, requested assistance with protecting of the Volusia Conservation Corridor by urging the County Council and PLDRC to resist any rezoning or Comprehensive Plan changes in this geographic area.

Member Carrie Stewart requested that a copy of the July 27, 2001, letter be sent to Mr. Troy Rice, Executive Director of the Indiana River Lagoon National Estuary Program, to render further assistance in the lobbying efforts with the Volusia Conservation Corridor being moved up to the "A" list. Member Carrie Stewart indicated that she would be addressing the next IRLNEP Meeting.

Frank Gummey, Jr. explained that it would not be permissible for Member Carrie Stewart, as a representative of the Volusia Forever Advisory Committee, to lobby/petition for support according to Resolution 2001-69, Section XI, last sentence, which states; "Members of the Committee are prohibited from representing the Volusia Forever Program or the 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 American unless otherwise directed by the County Council or County Manager or designee."

Member Carrie Stewart explained that she was not representing the Volusia Forever Program with this request, but was representing Volusia County within the IRLNEP Program. She further explained that this letter could be utilized as leverage with the IRLNEP Program’s Committee in the lobbying efforts for the Volusia Conservation Corridor being moved up to the "A" list.

Discussion of Resolution-01

Sub-Committee Chairman Doug Daniels presented the latest Sub-Committee version of Resolution-01, and explained that after much comparing and discussing of the following documents, the Sub-Committee compiled the resolution, which incorporates procedures for land acquisition, and addresses issues such as bonding and ranking criteria:

1: Resolutions 2000-155 (Forever) and 2000-156 (ECHO) – Defines what each Committee is charged with doing. The ranking criteria was developed from language in Resolution 2000-155.

2: Florida Statute 253.7825 (Recreational Uses) – Definition of "Resource-Based" Activities. The term "resource-based" recreation was incorporated to assist in the definition of outdoor recreation.

3: Florida Statute 259.105 (Florida Forever Act)

He further explained that Resolution-01 was revised to follow closely with Resolution 2000-155 and the Florida Forever Program, as this was the intent of the public and the County Council.

Discussion ensued with regards to the issues over whether historical and archeological properties are to be handled by Forever.

Member Dennis Bayer explained that historical and archeological were incorporated in the ranking criteria to be "enhancement" criteria, which would address any intent issue and points could be maximized when requesting State funding. He further explained that as long as the initial criteria of environmentally sensitive, water resource protection, or resource-based recreation lands were met, then historical and archeological lands could be acquired by Forever. However, if the property was solely historical and/or archeological lands then the property should be referred to ECHO.

After much discussion the following changes were recommended in order to follow Resolution 2000-155 and the Florida Forever Program, along with resolving issues pertaining to historical and/or archeological properties:

Page 1 – 3rd WHEREAS Clause – delete the word "passively" from the 4th line of the paragraph.

Page 2 – Section 2. Initial Authorization of Bonds. – delete the word "or" from the last line and replace it with "of" .

Page 4 – Paragraph "d" – add "or other non-fee mechanisms" to the 2nd sentence, 3 rd line, which would read: "The acquisition of conservation easements or other non-fee mechanisms is encouraged by the Florida Forever Program…"

Page 7 – Paragraph "d" – add "application" to the 1st sentence, 1st line, which would read: "Each property application must meet the Primary Site Ranking Criteria…" Delete the words "for providing" from the 4th and 5th lines and replace it with "provide", which would read: "…resource protection and resource based recreation lands and water areas and provide public use opportunities."

Page 8Site Ranking Criteria

Primary Criteria: Water Resources

5th bullet – add "aquifers and springs and" and "therein"; delete "or" and "in aquifers and springs", which would read: "Preservation of aquifers and springs and reduction of contaminants therein."

Primary Criteria: Environmentally Sensitive Lands –

4th bullet – move the word "upland" after "significant", which would read: "Maintain or increase in the amount of forest land, scrub habitat and/or any other significant upland communities "

Page 9Enhancement Criteria

1st bullet – add the word "significant" after "inventory of", which would read: "Increase in the inventory of significant historical, archeological, and cultural sites."

3rd bullet – add the words "goals, policies and objectives" and delete "needs", which would read: "Property meets the goals, policies and objectives of the Comprehensive Plan."

Page 11 – 1st sentence, 2nd and 3rd lines – delete the word "majority" and add "at least five members", which would read: "The decision to add property to the eligibility pool shall be made by a vote of at lease five members of the Volusia Forever Advisory Committee…"

Page 12 – Paragraph "(a)," Group A – 2nd sentence, 3rd line – add the word "the " and delete "this", which would read: "Properties designated for Group A will be based on the Site Ranking Criteria for the property."

Page 13 - Paragraph "a," Establishment of An Active Acquisition List with Approval by the County Council. – 3rd line – add the word "the" and delete "using the site ranking," which would read: "A prioritized active acquisition list will be maintained….combination of factors including the final site ranking…"

Member Carrie Stewart made a motion to recommend that the County Council adopt Resolution-01, as amended. Member Anne Hallum seconded the motion that carried unanimously by voice vote.

Member Dennis Bayer made a request for clarification regarding sole purchaser of property; " Do we have to partner on all purchases or can we be the sole purchaser?"

Member Doug Daniels explained that according to Resolution 2000-155, Section X, Page 8, 4th sentence, (It is the intent of the county to use the funds approved herein to apply for matching grants awarded under the Florida Forever Program, set forth in Chapter 99-247, Laws of Florida, and any amendments thereto and any similar federal funding program, to maximize the use of public monies to benefit Volusia County) sole purchasing should be permissible. However, the Committee would request clarification from the County Council as to the intent of this Section.

Update on Projects Submitted by August 13, 2001, Deadline

Chairman Reid Hughes requested that Bill Gardner present an overview of the Florida Community Trust (FCT) Projects that were submitted by the August 13, 2001, deadline in Tallahassee.

Bill Gardner explained the three (3) projects submitted to FCT, which are as follows:

North Peninsula Inholdings – This project included three (3) different land owners and seven (7) parcels. At the recommendation of FCT staff, this was a re-submittal from the 1998 application.

Spruce Creek Inholdings – This project contains several significant parcels which run along Spruce Creek and which were part of the original CARL boundary submitted back in 1988. In 1998, St. Johns River Water Management District staff handled the appraisal work and subsequently faced property owners with high expectations. County staff believes this is a good project and should rank well in this FCT review cycle.

New Smyrna Beach – Esther Street Project, f/k/a Graffiti Wall - This project contains significant beachfront property and is approximately 1.07 acres.

He explained that the County is eligible for $6.6 million for these projects. However, the projects came to $5.1 million. In November or December, an update on the ranking of these projects should be provided by FCT.

Chairman Reid Hughes requested an update on the Volusia Conservation Corridor from Bill Gardner.

Bill Gardner explained that Mr. Lynn Freeman, St. Johns River Water Management District, Land Acquisition, and he would be reviewing the Hart property located in Cape Atlantic Estates which is between Edgewater and Brevard County. He referenced the map provided several weeks ago, which depicted the properties acquired by Mr. Hart. He explained that these properties are a high priority with St. Johns Water Management District.

Chairman Reid Hughes explained that St. Johns River Water Management District has taken the lead role in the land acquisition process with regards to properties in the Volusia Conservation Corridor. He further explained that St. Johns River Water Management District and Volusia County are working together to acquire properties in the Corridor.

Discussion ensued with regards to the property in which the Happy Whale Condominium was located.

Doug Weaver explained that the Happy Whale Condominium was demolished to resolve a Code Enforcement case with significant fines. He further explained that there would be restoration of the restaurant but not the condominium.

Member Dennis Bayer proposed the potential utilization of this property for beach access.

Discussion of the Process for Potential Applicants

Chairman Reid Hughes explained that any potential applicant would need to 1) obtain an application from staff, 2) complete it and return it to staff, 3) staff will review, evaluate and rank the property, and 4) staff will submit recommendations to the Committee.

Discussion ensued with regards to creating an Agenda Item for County Council to approve the Application, Work Plan, and Resolution-01.

Frank B. Gummey, Jr. asked if the previously approved Site Ranking Criteria had now been superseded by the Site Ranking Criteria contained within Resolution-01.

Chairman Reid Hughes responded that the Committee has replaced the originally approved Site Ranking Criteria with the Site Ranking Criteria contained within Resolution-01.

Member Carrie Stewart made a request to change the meeting time from 3:00p.m. to 3:30p.m., due to work conflicts.

The Committee agreed to change the time to 3:30p.m. starting with the September 5, 2001, meeting.

Public Comments

Jay Bushnell, a member of the public, explained that he was actively involved with the development of the Volusia Forever Program, which was patterned after the Florida Forever Program that includes language for "heritage endangered lands." He agreed that historical and archeological criteria should be included in the ranking criteria to maximize points with State funding.

Adjournment

Meeting adjourned at 4:45p.m.

back to home page

 Public information produced by Volusia County Government