Charter Review Commission  Minutes
Feb. 13, 2006 (revised)

Citizen recommendations for Charter changes (in Excel)

CALL TO ORDER / ROLL CALL
Charter Review Commission Chair Bill Scovell convened the meeting at 5:37 p.m. in Building 110, Room 112 of Daytona Beach Community College. The following members were present: Chair Bill Scovell, Vice Chair John Graham, Dr. T. Wayne Bailey, Joe Benedict, Clarence Davenport, Pat Drago, Bud Fleuchaus, Alex Ford, Rich Gunter, Pete Heebner, Tom McClelland, Ezell Reaves and Glenn Storch. Charles Matousek and Patricia Northey were excused absences.  Also present were Dan Eckert, County Attorney; Rick Karl Assistant County Attorney; Betty Holness, Assistant to the County Manager, and Prashant Patel, Administrative Intern. There were 12 members of the public present.  

APPROVAL OF THE MINUTES FOR THE JANUARY 9, 2006 COMMISSION MEETING
The first order of business was to approve the minutes from the January 9, 2006 general Commission meeting. Tom McClelland made a motion to approve the minutes, seconded by Pete Heebner. The motion to approve the minutes was unanimously approved.

REVIEW OF CURRENT CHARTER
Chair Scovell asked Rich Gunter to facilitate a discussion of the Charter. Mr. Gunter indicated that he would like to discuss the Charter, section by section.  Commission members were asked to provide their input as the sections were discussed. If more in-depth discussion was needed, this section would be forwarded to one of the subcommittees to review and bring back its recommendations to the entire Commission. 

SECTION 202.3-Volusia County Growth Management Commission
Discussion ensued regarding recommendations in the Smart Growth report related to restructuring the Volusia Growth Management Commission. Some of the recommendations were to re-authorize the Growth Management Commission as the Smart Growth Commission. This Commission’s authority would be to resolve conflicts in required interlocal planning agreements and create consistency between the County and municipalities in comprehensive plans. 

Chair Scovell indicated that the Environmental Core Subcommittee has invited the Volusia Growth Management Commission to discuss how the Commission sees its role and to elaborate on the recommendations made by the Smart Growth report. 

SECTION 202.4-MINIMUM STANDARDS FOR ENVIRONMENTAL PROTECTION
Chair Scovell stated that section 202.4 lacks adequate enforcement power that allows the minimum standards requirements of growth management to be followed. 

Mr. Heebner stated that there appears to be sufficient power provided to the County in this section to enforce the necessary minimum standards. He questioned what other language would be needed to guarantee greater enforcement. Mr. Heebner said that the Commission would need to consider the impact of changes made to this provision and what budgetary changes might be needed to enforce these changes. 

Dr. Bailey felt that minor wording might be added to address these concerns. 

Mr. Storch added that the Commission needs to review the requirements of Senate Bill 360, and may want to include new provisions in the Charter that allow the County to supersede minimum standard requirements of municipalities. Members were reminded that SB 360 is being modified, and the final bill recommendations have not been issued. Chair Scovell referred this section to the Ordinance Review and Management Recommendations Subcommittee for further review and discussion.  

SECTION 203-DIVISION OF POWERS
Mr. Gunter mentioned that this section was assigned to the Structure of Government Subcommittee. The Subcommittee has been reviewing the role of the Strong Chair and its relationship with the County Manager. The Subcommittee has indicated that the relationship between the County Chair and the County Manager needs to be clarified. This Subcommittee will be bringing its recommendations for the entire Commission to consider.

SECTION 205-UNIFIED COUNTYWIDE BEACH REGULATIONS
The Commission discussed the recommendation submitted to create a section 205.7 entitled “Protection of Dunes and Dune Ecosystem.” The Commission felt that further discussion was needed to ascertain the effects of adding this provision to the Charter. Commission members also discussed the feasibility of the Sheriff’s suggestion to have the responsibility for law enforcement for the entire beach area. The Protecting the Environmental Core Subcommittee was tasked to discuss these suggestions and bring its recommendations to the full Commission. 

SECTION 301-COMPOSITION OF COUNTY COUNCIL
Section 301 is concerned with the composition of the County Council. Discussion ensued as to the need to change the current composition of the County Council districts. Under the current structure with an elected County Chair, two persons are elected At-Large. Members questioned if composition should be changed to include six district County Council representatives and one at-large representative who would be the Council Chair. Another options discussed was to have three Council districts with two persons elected from each district and a County Chair elected At-Large.  Also discussed was to have all County Council district members run as At-Large members. Dr. Bailey indicated that this issue would probably be resolved in the courts if all members were elected At-Large. This section was referred to the Structure of Government Subcommittee for further discussion and for its consideration of other compositions for the Council.

SECTION 304-COMPENSATION
Concern was raised relative to the compensation that Council Members currently receive. Members questioned whether it is necessary to raise the salary level of the County Chair and Council Members. The Commission agreed that the Chair’s position is no longer a part-time position and should be based on full-time compensation. It was agreed that the Chair and Council Members should be compensated for the mileage driven within the County. It was discussed that County Council members pay should also be higher than the 50% formula allocated in the Charter. This issue has been referred to the Structure of Government Subcommittee for a recommendation. It was also suggested that the Subcommittee might also want to discuss the issue of non-party affiliation members to the County Council.

SECTION 306-MEETING AND ORGANIZATION
Members agreed that no changes were needed to this provision. The language in the current Charter gives the Chair the power to set the agenda for County Council meetings or to call for a special meeting. 

SECTIONS 307- POWERS,    307.1- County Chair
Commission members agreed this section needs to be clarified. The role and expectations of the elected County Chair are not clear. The Commission discussed the possibility of providing the Chair with veto power. The Commission also discussed whether the County Chair should have the ability to hire and fire his/her administrative aide and a secretary.  This section was referred to the Structure of Government Subcommittee for further discussion. 

SECTION 401 – COUNTY MANAGER
This section identifies the responsibilities of the County Manager. Commission Members felt that stronger clarification was needed to identify the relationship between the County Manager and the elected County Chair.  Chair Scovell asked that the Structure of Government Subcommittee continue discussing this section and bring its recommendation back to the Commission for consideration.  

SECTION 404-NONINTERFERENCE BY COUNTY COUNCIL
This provision is concerned with the non-interference clause that prohibits members of the County Council from interfering with the duties of the County Manager. The Commission felt that this clause should be kept in the Charter. However, this section was assigned to the Structure of Government Subcommittee for further discussion. 

SECTION 603-CHANGES IN DEPARTMENTS
The Commission members felt that no Charter changes were needed to section 603. Reorganization of County departments can be achieved through created ordinance. Section 604 gives the County Manager the power to prepare the initial administrative code and sets forth the structure and scope of each department.  The Commission agreed to eliminate the word “initial” from the Charter language. Chair Scovell asked County Attorney Dan Eckert to review this section and provide suggested language if an amendment was needed to reflect current policy. 

SECTION 604 – ADMINISTRATIVE CODE
County Attorney Dan Eckert was asked to review this section and to determine if any language changes or modifications were needed. 

ARTICLE 7: ADJUSTMENT, REGULATORY, AND ADVISORY BOARDS
Section 701 of the County Charter gives the County Council the authority to create local government advisory boards. The Commission agreed that the Ordinance Review and Management Recommendations will review this issue and offer its recommendation. 

ARTICLE 8:   SCHOOL SYSTEM
This section was referred to the Economic Development and Education Integration Subcommittee for further discussion.  

SECTION 902-CANVASSING BOARD
Members voiced concern than any person up for election should not be allowed to serve on the Canvassing Board. This issue was assigned to the Structure of Government Subcommittee for further discussion.  

SECTION 1003-PERSONNEL BOARDS
Discussion occurred regarding membership requirements for persons serving on this Board and if language was needed to clarify these requirements. After discussing this issue, the Commission felt no changes were needed. 

ARTICLE XII: -CODE OF ETHICS
The Commission discussed questions related to the role of lobbyists and the part they play within local government. Some members felt that language should be in the Charter to restrict the role of lobbyists, to require the lobbyists to disclose whom they work for, and to identify their lobbying activities. The members concluded that it might be necessary to include a provision that would limit lobbying in the Charter. This issue was forwarded to the Ordinance Review and Management Recommendations Subcommittee for further discussion.

SECTION 1303-CHARTER REVIEW
Section 1303 outlines the responsibility and duties of the Charter Review Commission. The Commission members discussed deleting references in the Charter review process to review all of the ordinances. Members felt that this task should remain as a responsibility of the review process to see if these ordinances were still relevant. Others disagreed that the review of ordinances should be a separate task that was not linked to the Charter review process.  It was mentioned that the Ordinance Review and Management Recommendation Subcommittee is in the process of reviewing some of the ordinances. The Subcommittee is not, however, looking at all the current ordinances. 

Mr. Gunter asked if language should be added to the Charter review process that limits appointments to the Commission. He felt that no person should serve consecutive appointments on the Charter Review Commission. Chair Scovell indicated that of the fifteen members, only four persons have served on previous Charter Review Commissions.  

SECTION 1305- CONFLICT OF COUNTY ORDINANCES WITH MUNICIPAL ORDINANCES
Discussion evolved when it was appropriate for county ordinances to be evoked over municipal ordinances. The Ordinance Review and Management Recommendation Subcommittee was asked to discuss this issue and bring a recommendation back to the Commission for consideration.  

SECTION 1313-WATER POLICY REVIEW COMMISSION
Section 1313 created the Water Policy Review Commission and outlined the
duties and powers of the Commission.  CRC members discussed the role and responsibilities of the County, the Volusia Water Alliance and its successor, the Water Authority of Volusia.  Charter Review Members expressed concern that the operation structure of the WAV is not operating as originally designed as a result of the year long study that lead to the creation of the WAV.  Concerns were voiced that the Water Policy Review Commission needs to be reactivated and continued as a Government policy advisory entity.  It was suggested that every five years, the Water Policy Review Commission, be in place to review and advise Water management policies for the County as a whole.  Chair Scovell referred this section to the Infrastructure and Needs subcommittee for further discussion. 

SECTION 1311.2- VOLUSIA COUNTY CHARTER REPEAL COMMISSION
County Attorney Dan Eckert was asked to review this section and provide his recommendations if language changes were needed to the Charter. Mr. Eckert was also asked to provide his opinion as to whether the Charter could legally change the name of a government agency to expand that agency’s jurisdiction. 

ARTICLE XIV- SPECIAL TAX DISTRICTS AND AUTHORITIES
Commission members asked County Attorney Dan Eckert to review the first 32 sections outlined in Article 14. Members questioned if there was still a reason to include these sections in the Charter or should they be eliminated.

SECTION 1434- OTHER SPECIAL DISTRICTS AND AUTHORITIES
Discussion ensued as to whether funds from the Port Authority could be used for beach revenue expenditures. Some felt that this could occur through an ordinance and not be made part of the Charter. The Intergovernmental Relations Subcommittee was asked to further discuss this issue and bring its recommendations back to the Commission. 

ARTICLE 15:  TRANSITION PROVISION
County Attorney Dan Eckert was asked to provide his opinion if this section needed to remain as a part of the Charter. 

SUBCOMMITTEE REPORTS
Ordinance Review and Management Recommendations: Chair John Graham stated that his Subcommittee has begun to review particular ordinances. Moreover, he stated that the Subcommittee has gone through an expansive and thorough analysis of the budget process. This has been accomplished by hearing the views of members of the County Council and other County staff. He further stated that the consensus of the County Council was that the budget process needs to be changed. He ended his report by stating that the Subcommittee is in the process of developing a recommendation related to the budget process. 

Meeting the Infrastructure Needs of Smart Growth: Clarence Davenport gave his Subcommittee’s update. He indicated that the members have been focusing on water issues.  

Intergovernmental Relationships: Chair Joe Benedict stated that Sheriff Ben Johnson addressed his Subcommittee. The Sheriff said he felt there is a need to have emergency services, 9-1-1, and the Sheriff’s Office as part of a unified structure that would provide better communication and coordination. He added that there is a growing sentiment that beach enforcement is under utilized.  

Protecting the Environmental Core: Chair Alex Ford indicated that his Subcommittee has focused its discussion on off-beach parking and the obstacles facing the County in trying to acquire land for off-beach parking. The Subcommittee has also been discussing the need for a dedicated funding source to be identified for off-beach parking. Mr. Ford indicated that his Subcommittee is in the process of developing a recommendation to present to the full Commission.

Integrating Economic and Education: Chair Pat Drago stated that in the Subcommittee’s January 23, 2006 meeting, a representative from Fishkind and Associates spoke about the Fiscal Impact Analysis Model (FIAM), which measures the cost of growth. He spoke on how it could be beneficial to Volusia County. 

Structure of Government Subcommittee: Chair Wayne Bailey stated that his Subcommittee has focused on discussing the various form of government. He mentioned that on February 20, 2006, John Wesley White, Past President of the National Association of County Administrators, would be discussing the pros and cons of the various forms of government structure. 

PUBLIC PARTICIPATION
Mary Swiderski, Executive Director, Volusia Council of Governments (VCOG), stated that it would be beneficial for local city governments to hear from a representative from the Charter Review Commission. Local city governments adhere to the County’s charter and would like to participate in the review process. Ms. Swiderski invited Chair Scovell to speak at the March 27 VCOG meeting and provide an update on the progress of the Charter Review process.  

ADJOURNMENT
The meeting was adjourned at 7:26 p.m.

back to charter review main page

back to county council

Comments or questions?
E-mail the