Meeting Called to
Order
Reid Hughes,
Chair, called the meeting to order at 3:35p.m.
Roll Call
Reid Hughes,
Chair, instructed the Recording Secretary to record the roll of the
Members in attendance, in which seven (7) Members were present to
establish a Quorum.
Approval of
Minutes
Chairman Reid
Hughes requested approval of the September 5, 2001, minutes. Chairman
Reid Hughes declared the September 5, 2001, minutes approved, as amended.
Update on Recent
FCT Projects Matching Funds
Rob Walsh
presented an update regarding the "matching funds" for the three
(3) FCT Projects that were submitted to the state in August to clarify the
Committee’s concerns about where these funds would be obtained from;
especially for the Esther Street Project. The Committee had agreed at
their September 5, 2001, meeting that the funding for this project should
be directed to the ECHO Program. He explained that the funding for these
FCT Projects would be from the following funding sources:
Esther Street –
Beach Capital Trust Fund
North Peninsula
and Spruce Creek Inholdings – Volusia Forever Program
Agenda Item for
October 4, 2001, County Council Meeting
Rob Walsh
explained that the Committee had been provided a copy of the Agenda Item,
which includes the Land Acquisition Program Application, 2001 Program Work
Plan and Proposed Resolution 2001 with Staff Report, as an update.
Originally the Agenda Item was scheduled for the September 20, 2001,
County Council Meeting. However, it was rescheduled for October 4, 2001.
Chairman Reid
Hughes stated that he disagreed with the opening sentence of the staff
report and that Resolution 2001 was a document approved (not created) by
the Volusia Forever Advisory Committee.
Frank B. Gummey,
III, explained that the Committee couldn’t adopt Resolution 2001 as it
is a resolution of the County Council and only the County Council has that
authority. He clarified that the Committee’s action was to "recommend
that the County Council adopt Resolution 2001".
Member Doug
Daniels provided additional clarification that the Committee’s action
was to "recommend that
the County Council adopt Resolution 2001".
Doug Weaver
explained that the normal procedure for developing a resolution for County
Council is: (1) staff completes a recommendation (staff report), (2) it is
submitted to the Committee, and (3) the Committee makes their decision
regarding utilizing the recommendation. He used the Planning and Land
Development Review Committee (PLDRC) as an example.
Rob Walsh
presented and explained the contents of the Staff Report, which was
created per a directive from Cynthia Coto, County Manager. The Staff
Report is a document created after staff reviewed Resolution 2001, taking
into consideration the direction County Council took at their August 16,
2001, meeting and the professional opinion of staff. He explained that
staff is requesting policy guidelines from County Council.
Paragraph 1 (First
WHEREAS Clause – Page 1) - Discussion ensued with Member Doug Daniels
stating that even though "historical and archeological" had not
been included in Resolution 2000-155, the Committee had included
"historical and archeological" criteria in the Ranking/Rating
Criteria as an "Enhancement." He further explained that
"historical and archeological" should be "Enhancement"
criteria and not "Primary" criteria.
The Committee
disagreed with staff’s recommendation to remove the word
"environmental" from the second line. However, Member Carrie
Stewart made a motion to have the words "and resource based
recreation" added after the word "environmental" in the 1st
whereas clause. Member Gordon Kipp seconded the motion that carried
unanimously by voice vote. With this motion the Committee would resolve
their issues and/or concerns involving trails, access, historical and
archeological sites.
Paragraph 2 (New
WHEREAS Clause – Page 2) – After discussing this new language, Member
Doug Daniels made a motion for the clause to read: "WHEREAS, the
County Council recognizes the need to provide public access, land
management and improvement thereon." Member Carrie Stewart
seconded the motion that carried unanimously by voice vote.
Paragraph 3
(Section 2– Initial Authorization of Bonds – Page 3) - Discussion
ensued regarding the issue of bonding and the $10 million being
recommended by the Committee in Resolution 2001, with Member Doug Daniels
explaining that County staff would be assisting with funding
recommendations. It was also discussed that the $10 million figure was not
based on any actual projects in hand, making justification for this figure
difficult.
Member Doug
Daniels made a motion to change Section 2 – Initial Authorization of
Bonds to read: "The Committee shall investigate and recommend to
County Council alternative methods for funding acquisitions, including
long term financing through the issuance of bonds, notes, and other
authorized indebtedness. The Committee shall report its recommendations
after the first eligibility pool has been reported to the County Council
and shall update the findings on an annual basis." Member Anne
Hallum seconded the motion that carried unanimously by voice vote.
Paragraph 4
(Section 4.e. – Page 5) –Member Doug Daniels explained that the
purpose of this section was to ensure that the .200 mils would be utilized
for the Volusia Forever Program.
Frank B. Gummey,
III, explained that the County Council has the discretion each year to
assess/levy up to .200 mils, per Resolution 2000-155. He further explained
that they also have the authority to levy less than the .200 mils.
The Committee
disagreed with staff’s recommendation to remove Section 4, e.
Paragraph 5
(Section 4.f. – Page 5) – Discussion ensued with the Committee
agreeing with staff’s recommendation to remove Section 4,f, regarding
eminent domain. Member Carrie Stewart made a motion to approve the removal
of Section 4,f from Resolution 2001. Member Doug Daniels seconded the
motion that carried unanimously by voice vote.
Paragraph 6
(Section 5.d. – Substantive Criteria for Applications – Page 7) –
After presenting it’s rationale, the Committee agreed with staff’s
recommendation to change the first sentence to read: "Each
property application shall meet Primary Site Ranking Criteria and state a
public purpose for the restoration, conservation, or preservation of
environmentally sensitive, water resource protection and resource based
recreation lands and water areas and provide public use
opportunities." This change would alleviate the problem that a
project would be required to meet all the ranking criteria.
Paragraph 7 (Site
Ranking Criteria – Primary Enhancement Criteria – Page 9) – Frank B.
Gummey, III, explained that the change in the title ("Primary
Enhancement Criteria") to "Primary Criteria" and the
addition of the element ("Increase in the inventory of significant
historical, archeological and cultural sites") would fall in line
with the language contained in Resolution 2000-155. This would also fall
in line with the County Council’ s intent regarding historical and
archeological sites.
Chairman Reid
Hughes stated that the Committee had addressed the issues involving
"historical and archeological" sites by including them in the
Site Ranking/Rating Criteria under "Primary Enhancement"
criteria.
Member Gordon Kipp
explained that the County Council’s intent for the Volusia Forever
Program was to mirror the Florida Forever Program, which would include
archeological and historic sites, along with access and trails.
Member Doug
Daniels offered his opinion that the Primary Criteria of Volusia Forever
is "environmentally sensitive and water resource", with
historic, archeological, trails, access, etc. as Enhancement Criteria. The
Enhancement Criteria would improve the project’s ranking/rating, but not
stand alone.
Member Robert
Williams stated that his understanding of the ECHO Program was a bricks
and sticks program and not necessarily a land acquisition program.
Frank B. Gummey,
III, explained that the ECHO Program would fund projects that are
"user oriented outdoor recreation." He further explained that
according to Member Doug Daniels guidelines, "resource based"
recreation projects would not be funded by either program.
Rob Walsh stated
that the County Council addressed this issue at their
August 16, 2001, meeting and they explained that "resource
based" recreation projects could be funded by either program.
Member Doug
Daniels continued to emphasize the need for projects to meet the threshold
criteria of "environmentally sensitive and water resource."
Member Robert
Williams continued to emphasize the need for ranking/rating criteria,
which addresses the issue of access, corridors, and trails being included
as "Primary" criteria.
Member Doug
Daniels made a motion to leave the Site Ranking Criteria as presented,
without any changes. Member Carrie Stewart seconded the motion that
carried by a majority voice vote of 5 to 2, with Members Robert Williams
and Richard Schuler opposed.
Paragraph 8 –
(Site Ranking Criteria – Enhancement Criteria – Page 9) – The
Committee agreed with staff’s recommendation for the last element to
read: "Any other
criteria established by Florida Forever or Florida Communities Trust or
other federal, state, or water management district programs."
Paragraph 9 –
(Section 5.g. – Project Boundaries – Page 12) – Doug Weaver
explained that the boundaries set would conform to those of the County’s
funding partner (i.e., CARL, FCT, etc.) and the Committee should not have
to make any boundary decisions. The Committee agreed with staff’s
recommendation for the first sentence to read: "Once a property is
determined to be part of the eligibility pool, the Volusia Forever
Advisory Committee may recommend, and the County Council may adopt, a
project boundary." The Committee also agreed to add the following
sentence to the end of this section: "Project
boundaries shall conform to federal, state, and water management district
boundaries."
Paragraph 10 –
(Section 5.h.(2).(a) – Group A – Page 13) – The Committee agreed
with staff’s recommendation for the last sentence in this paragraph to
read: "Completion of
acquisition of properties within an approved project boundary of the P2000
or Florida Forever Programs shall be given the highest priority."
Paragraph 11 –
(Section 5.h. (3) – Page 13) – Doug Weaver explained that the staff
doesn’t object to the current language in this section, but staff would
be highlighting to the County Council that Group B projects would not be
seen unless the Council requests them. He further explained that this is a
policy decision. The Committee recommended that the resolution be left as
it is without any changes.
Paragraph 12 –
(Section 6.b.(1) – Final Steps for the Acquisition of Property on the
Active Acquisition List – Page 15) – Member Doug Daniels made a motion
to replace "An Option Agreement" with "A Contract
for Acquisition" in the first sentence, and to replace "option
agreement" with "contract" from this paragraph
through to the end of the document. Member Anne Hallum seconded the motion
that carried unanimously by voice vote.
Paragraph 13 –
(Section 6.b.(4). – Appraisals – Pages 16 and 17) – Rob Walsh
explained that this was a policy issue and that County Council would have
to determine whether or not to pay above appraised value.
Member Anne Hallum
made a motion to delete subsections (a), (b), (c) and (d) from Section 6,
Paragraph b, Subsection (4), Page 13, of Resolution 2001, and to require a
"super majority" vote (5 votes) of the County Council to pay
above appraisal. Member Richard Schuler second the motion that carried by
a majority voice vote of 6 to 1, with Chairman Reid Hughes opposing.
Paragraph 14 –
("New" Section 6 – Access, Management and Improvements) –
Discussion ensued regarding the funding of access, management and
improvements to the 1988 Land Acquisition Program projects in which
several members strongly opposed this funding.
Member Carrie
Stewart clarified that the 10% of the funds appropriated from Volusia
Forever Funds for access, management and improvements would be 10% of the
County ’s portion of the project cost.
Discussion ensued
regarding the utilization of "10% of the funds appropriated from
Volusia Forever Funds. Frank B. Gummey, III, referenced Resolution
2000-155, Section XI (Acquisition Goals), which states "Completion of
projects begun under previous land acquisition programs" to explain
the inclusion of the 1988 projects.
Member Doug
Daniels stated that the "Acquisition Goals" in Section XI of
Resolution 2000-155 pertains to land acquisition projects and does not
address the improvements to properties the County already owns. He further
explained that the Volusia Forever Program would be funding land
acquisitions and would not be a funding source for improvements, access,
etc. for prior projects.
Chairman Reid
Hughes voiced his opinion that the intent of the voters was to make new
land acquisitions. He further explained that there would be issues with
obtaining matching funds for projects from 1988, as other agencies (i.e.,
Water Management District, federal, state, etc.) would not fund
infrastructures.
The Committee
recommended changing the language to read: "To
ensure that there is adequate funding for public access, land management
and improvement thereon of lands purchased under Volusia Forever, there
shall be set aside on an annual basis an mount of approximately 10% of the
funds appropriated from Volusia Forever Funds for this purpose."
Member Carrie
Stewart made a motion to adopt "10% of the funds appropriated from
Volusia Forever Funds", and to delete "as well as the 1988 Land
Acquisition Program" from the "New" Section 6. Member
Gordon Kipp seconded the motion that carried by a majority voice vote of 6
to 1, with Member Robert Williams opposing.
Meeting Schedule
Change
Chairman Reid
Hughes requested that the meeting schedule be changed to once a month per
a recommendation from staff. The Committee agreed to meet on the third
Wednesday of every month with the next meeting to be held on October 17,
2001, at the DeLand Library, 130 East Howry Avenue. The meeting time will
remain at 3:30p.m. to 5:30p.m.
Other Business
Chairman Reid
Hughes requested approval from the Committee to meet with staff and assist
in making the necessary changes to the Staff Report and Resolution 2001.
The Committee agreed with the request.
Rob Walsh
requested approval from the Committee to place an advertisement in the
Orlando Sentinel’s Volusia Section, per a request from Council. This is
in addition to placing an advertisement in the Daytona Beach News Journal.
The Committee approved the request, which amends the July 11, 2001, motion
to "approve the
"one time" purchase of a legal ad, which would get the process
started."
Doug Weaver
advised the Committee that he accepted the position as the Director of
Land Acquisition and Management.
Rob Walsh
presented a copy of a "letter of support" from Indian River
Lagoon National Estuary Program (IRLNEP), which supports land acquisition
of the Volusia Conservation Corridor and recommends its inclusion in the
"A" funding list established by the Acquisition and Restoration
Council (ARC).
Discussion ensued
with regards to supporting the Volusia Conservation Corridor with Bill
Gardner explaining that letters of local support from groups and
individuals would aid in moving this project from the "B" to the
"A" list.
Adjournment
Meeting adjourned at 5:25p.m.
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