Charter panel approves updated ballot language for Volusia Forever conservation registry after debate

The Volusia County Charter Review Commission approved updated ballot language for the county’s conservation-land registry (known locally as the Volusia Forever program) at its April meeting, voting 10–4 to include notice and documentation requirements in the proposed amendment.

The language — described by county staff as adding a 30-day prior-notice requirement, a legal description of any parcel proposed for delisting and a statement explaining why the property is no longer necessary for conservation purposes — was approved after commissioners debated how far the charter can go beyond state law.

"Your primary changes are that you have to have 30 days prior; the big thing is the legal description of the property that's being delisted, and a statement explaining why the property is no longer necessary for conservation purposes," said Giff, a county staff member explaining the revisions.

The measure drew public comment earlier in the meeting. Catherine Pente, who identified herself as a resident, urged the commission to withdraw the draft amendment the commission had previously approved and replace it with a version modeled on Alachua County’s ballot language, saying that model "allows the council by a majority plus 1 vote to add or remove land from the registry" and contending that Alachua’s approach gives residents more voice.

Commissioners exchanged views about legal defensibility and policy strength. Commissioner Sekhnovsky argued the current draft omitted protections (for example, the word "lease") that could allow lengthy leases that effectively remove land from conservation despite the registry. "By not including the word 'lease' in there, you're opening yourselves up for 99-year leases," Sekhnovsky said, urging stronger language or an advisory public vote prior to disposal.

Chair Watts said the commission sought language that would be defensible under state law while providing more protection than the current status quo. Counsel and staff advised that some protections may be limited by state law and that the revised text was intended to align county procedure with those constraints.

Before approving the updated text, the commission considered a motion to reconsider the prior approval of Ballot Proposal 5 so members could reopen the draft for additional amendments. That motion to rehear failed on a roll-call tie, 7–7 (Yes: Bright, Ingram, Parker, Sakanovsky, Schreiber, Watts, Wheeler; No: Clayton, Johnson, Kwiatek, Lewis, Munizi, Tolland, Wolford), so the commission proceeded with the staff-drafted language on the table.

After discussion, the commission voted by roll call to approve the staff-updated language for Ballot Proposal 5. The roll-call responses recorded included votes in favor from Clayton, Ingram, Johnson, Kwiatek, Lewis, Munizi, Parker, Tolland, Watts and Wheeler; recorded no votes included Bright, Sekhnovsky and Schreiber; the final tally reported by the commission was 10–4 in favor.

The chair said the approved language will be included in the commission’s final report to the Volusia County Council and in ballot materials. The commission also approved the remainder of its final report at the same meeting, including a staff recognition page and the schedule of council presentations.

What happens next: the approved final report, including the conservation-land amendment text, will be transmitted to the Volusia County Council and placed on the ballot process per county procedure. If enacted by voters, the charter language will alter how county conservation registry delisting is documented and notified but, according to county counsel and staff, will remain constrained by applicable state law.