Charter Review Commission  Minutes
July 10, 2006

Handouts
Approved Charter amendments and management recommendations

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Comprehensive Planning Districts
County Council Compensation Amendment
County Council Vice Chair
Growth Management Dispute Resolution
Environmental Standards Memo

CALL TO ORDER/ROLL CALL
Charter Review Commission Chair Bill Scovell called the meeting to order at 5:37 p.m. in Training Room 1, Thomas C. Kelly Administration Center, 123 West Indiana Avenue in DeLand, Florida. The following members were present: Chair Bill Scovell, Vice-Chair John Graham, Charles Matousek, Patricia Drago, Patricia Northey, Joe Benedict, Clarence Davenport, Ezell Reaves, Dr. T. Wayne Bailey, Dr. Bud Fleuchaus, Rich Gunter and Tom McClelland. Also attending were Dan Eckert County Attorney, Jamie Seaman Assistant County Attorney, Rick Karl Assistant County Attorney, Mike Dyer, Assistant County Attorney, Betty Holness, Assistant to the County Manager, and Prashant Patel, Administrative Intern. Commission Members Glenn Storch, Alex Ford and Pete Heebner were unable to attend. There were approximately 35 members of the public present.  

APPROVAL OF MINUTES FOR THE JUNE 26, 2006 CHARTER REVIEW COMMISSION MEETING
Mr. Matousek sought to correct the last name of one of the public participants, Frank Bergone to Frank Dragoun. Mr. McClelland made a motion to approve the revised version of the minutes. Mr. Davenport seconded the motion, which passed unanimously.  

PUBLIC PARTICIPATION
Norm Erickson, DeBary, spoke of the ten year provision within the amendment offered by the Protecting the Environmental Core Subcommittee. He believes this provision is inadequate due to the length of the time-period. He suggested that a 25-year time period for negotiations occur between the County and the Cities in the protection of environmentally sensitive lands.  Mr. Erickson believes that such a time period will preclude developers from enhancing territory that does not need to be developed.  

Mr. Erickson said Volusia County should adopt measures similar to Orange County in the application of the Martinez Doctrine, which authorizes Orange County officials to reject a potential rezoning or Comprehensive Plan Amendment if School Concurrency Standards have not been met. 

Mr. Erickson stated that there is a theme to development, which is a potential developer may buy the land, then change the zoning requirements to fit his development plan.  

Mr. Erickson said the County Council should have the authority to say no to growth for legitimate purposes.  

Betty O’Laughlin, President of the Environmental Council for Flagler/Volusia Counties, is advocating that no changes be made to the Charter in its current form. 

SUBCOMMITTEE REPORTS   

INTERGOVERNMENTAL RELATIONSHIPS
Chair Joe Benedict stated that the Subcommittee offered several Management Recommendations at the last CRC meeting. They are currently reviewing the Management Recommendations on ambulatory transportation and the Americans with Disabilities Act that were referred back to the Subcommittee for further consideration. 

Mr. Benedict made a motion to begin the discussion of the Management Recommendation concerning the consolidation of intergovernmental communications. 

Ms. Northey seconded the motion to begin the discussion on the adoption of the Management Recommendation.  

Dr. Fleucahus asked what the sentiment is behind the Recommendation on the consolidation of intergovernmental communication. 

Mr. Benedict stated the Subcommittee looked at this issue with great interest and shared the opinion that the County should strive for a greater amount of consolidated communications between inter-local government agencies to provide for efficient services.  

Dr. Fleucahus asked if the County has the ability to consolidate communication to the degree the Management Recommendation is recommending. 

Mr. Benedict stated that the County does have the ability to consolidate communication and services, but there has been some resistance to doing so. Despite this opposition, the Subcommittee felt that this was an appropriate action to take since many people within the County’s Emergency Services community are advocating for such measures. 

Mr. McClelland asked if the Subcommittee took into account the consolidation of services that are occurring in certain Cities such as Port Orange. He further asked how the City’s consolidation affects the implementation of the Management Recommendation.  

Mr. Benedict stated that the Subcommittee did not address this issue at great length, but there are enough systems within the County that should be consolidated. 

Mr. McClelland stated that he feels that the language lacks direction in emphasizing the County Council to adopt such measures. He believes the language needs to be reworded to strengthen this effort. 

Dr. Fleuchaus offered revised language to the Charter Amendment that would eliminate the word “functional” from the recommendation. The recommendation would read, “The Subcommittee recommends continued consolidation and improvement of a countywide communication network for delivery of these services which are vital for the efficient protection of our citizens.” 

Mr. Benedict made a motion to approve the revised language of the Management Recommendation for adoption. Mr. McClelland seconded the motion, and motion passed unanimously.

STRUCTURE OF GOVERNMENT
Chair T. Wayne Bailey stated that the two principal issues coming from the Structure of Government Subcommittee were the reconfiguration of the County Council to a six-member body and an increase in compensation for the County Chair and members of the County Council.

Dr. Bailey stated that at the previous CRC meeting, members indicated they wanted to revisit these two proposed Charter Amendments.

Dr. Bailey made a motion to reconsider these two previous proposals for discussion. Mr. McClelland seconded the motion.

Mr. McClelland then made a motion to review these issues individually and Mr. Benedict seconded the motion. The motion to reconsider was carried unanimously.

Mr. McClelland made a motion to retain the current seven-member structure of the County Council.

Dr. Bailey stated that Mr. McClelland’s motion would represent a substitute to the Structure of Government’s recommendation, and if the motion passed the existing structure as a whole would remain in place.

Dr. Fleuchaus disagreed. He stated that the proper parliamentary procedure would be to reconsider the recommendation offered by the Structure of Government Subcommittee, which called for a six-member County Council.

Mr. Benedict stated that since the full Charter Review Commission is not present, it would be prudent to take this issue up again at the next CRC meeting, when all members can vote on whether to reconsider both items.

Mr. McClelland then made a motion to table both issues until the entire CRC is present to consider them.

Mr. Benedict seconded the motion. The motion to table the reconsideration passed by a vote of 11 members in favor and one opposed.

Mr. Scovell stated that any potential changes to the structure of government would not take effect until the year 2010 and would not affect the upcoming election. In 2010, the ten-year census cycle would occur and consideration of redistricting could occur at this time.

Dr. Fleuchaus made a motion to table the discussion regarding the issue of compensation until the Structure of Government Subcommittee has an opportunity to meet. Mr. Reaves seconded the motion, which carried unanimously.

PROTECTING THE ENVIRONMENTAL CORE
Vice-Chair Benedict, speaking on behalf of Chair Alex Ford, stated that the next meeting of the Protecting the Environmental Core Subcommittee will be July 20, 2006. He

said the Subcommittee had brought two recommendations to the CRC for consideration.

Mr. Benedict noted that there is ambivalence to the two recommendations concerning the Comprehensive Planning process and the abolishment of the Volusia Growth Management Commission among the CRC members.

Mr. Benedict stated that he was optimistic that the Subcommittee could alleviate the concerns of the Commission members while they are reconsidering the proposals, which they will resubmit to the CRC at the next meeting.  He stated that he understands that there is a lot of concern among the public regarding the ten-year provision and feels that the public is not aware of how this provision could benefit the process.

Mr. Benedict stated that the current Natural Resource Management Area (NRMA) is a wide and growing territory. There are instances where development can occur in the area that does not need approval from the County Council. He said the proposed provision would still allow many types of development to occur, but the Cities and the County would be required to consult with each other before any action could be taken.

Ms. Northey asked her fellow Commission members whether it would be necessary for the Subcommittee to repeal the provision in light of the negative response to it. Alternatively, modify the time period, since it appears that the existing amendment may not be passed by the voters.  

Mr. McClelland stated that one of the reasons that the Comprehensive Planning Amendment is receiving such opposition is because there is an opinion among the public that the time articulated in the amendment is not a sufficient for the  parties to come together. He added that the public does not believe that good will is present among the parties when they are discussing issues such as Smart Growth and land-use to begin negotiations. Mr. McClelland suggested that as the Subcommittee discusses this issue again, they should consider the 25 year time period proposal.

INTEGRATING ECONOMIC DEVELOPMENT AND EDUCATION
Chair Patricia Drago noted that there were changes to the language in the proposed School Board Amendment. Ms. Drago asked Mr. Eckert whether the CRC needs to take action on the rewording of the amendment.

Mr. Eckert stated that the revisions in the amendment were to identify a date when the amendment would take effect. The amendment now states that the School Board Amendment will “take effect September 30, 2007 by ordinance.”

The CRC agreed that this language would represent the final revision of the amendment. 

INFRASTRUCTURE NEEDS
Chair McClelland proposed the revised language of the amendment calling for the creation of a countywide Water Plan.  

Mr. McClelland stated that the principal difference between the revised language and the original language is the inclusion of the date of enforcement of the ordinance, which is December 31, 2007.  

Mr. McClelland stated that this revised language represents a clarification of the Subcommittee’s intent regarding the implementation of a Water Plan.  

Mr. McClelland made a motion to adopt the revised language of the Charter Amendment calling for a countywide Water Plan.  

Dr. Bailey seconded the motion. The motion carried by a vote of 11 members in favor and one opposed.

ORDINANCE REVIEW AND MANAGEMENT RECOMMENDATIONS
Chair John Graham stated the Ordinance Review and Management Recommendations Subcommittee is resubmitting three Management Recommendations for final adoption.

The first recommendation concerns the County Budget process and calls for the County Council to be included earlier in the process. It also suggests the creation of a five-year strategic plan that would include performance measures to evaluate the effectiveness of programs and include life-cycle costs. It also  recommends the consideration of moving the County Budget process to a two-year budget cycle, which would provide for critical analysis of budgetary programs that a one-year cycle does not provide.

Mr. Graham made a motion to adopt the Management Recommendation on the County Budget process. Mr. Reaves seconded the motion, which was approved unanimously.

The second Management Recommendation offered by the Subcommittee was the repeal of the existing Economic Development Ordinance. Mr. Graham noted that the existing ordinance is outdated since it involves when Volusia County was a member of the Volusia County Business Development Corporation. During this time, Economic Development was independent from County Government. Currently the Economic Development Department is a part of County Government. Thus, the existing ordinance does not adequately address its new role, which is expansive in its relationship with other County issues. 

Mr. Graham made a motion to repeal the existing Economic Development Ordinance, and Ms. Northey seconded the motion. The motion carried unanimously.

The final Management Recommendation offered by the Subcommittee regards paper subdivisions. Mr. Graham stated that this issue has long been a concern in the County. Since it is difficult to monitor these subdivisions, the Subcommittee believes that the development of paper subdivisions make for poor planning and results in inadequate and improper infrastructure. The Subcommittee recommends a voluntary case-by-case review of paper subdivisions be held to determine whether such plats should be developed or vacated.

Mr. Graham made a motion to adopt the Management Recommendation calling for a case-by-case review of unplatted paper subdivisions. Mr. McClelland seconded the motion, which carried unanimously.

OTHER ISSUES DISCUSSED NOT ON AGENDA
Dr. Bailey stated that there was an additional Management Recommendation offered in conjunction with the Ordinance Review and Management Recommendations Subcommittee that would amalgamate the Ponce Inlet Port Authority and the Beach Advisory Board to provide efficient services.

Mr. Scovell stated that this issue was voted on at the previous meeting and it does not need to be discussed.

Mr. Matousek asked what the status of the Environmental Minimum Standards Amendment was.

Mr. Graham responded that this issue is the jurisdiction of the Ordinance Review and Management Recommendations Subcommittee.

Mr. Graham stated that it has been difficult for the Subcommittee to discuss this issue due to scheduling conflicts with other members of the Subcommittee. He added that the issue is on the Subcommittee’s agenda for action and they will bring a recommendation for the CRC to consider.

Mr. Eckert stated that in regards to the Water Plan Amendment, the CRC could enhance the language of the Charter by making powers that are implicit to be made explicit.

This can be accomplished by articulating that the County Council has the Comprehensive Planning Authority to affect the Minimum Environmental Standards.

Mr. Eckert said there are examples in the Charter such as aquifer protection, stormwater management, wastewater management and more that provide the County Council with the authority to implement countywide Minimum Environmental Standards. These elements are part of the Comprehensive Plan.

Mr. Eckert stated that the 1985-1986 CRC gave the County Council such prerogatives. Despite this fact, Mr. Eckert believes that it will be beneficial to clarify these powers.

Mr. Eckert said that these provisions would give legal standing to the County Council to control the implementation of Minimum Environmental Standards in such areas as aquifer protection.

The CRC decided to defer this issue until the next Commission meeting.

ADJOURNMENT
The meeting adjourned at 6:48 p.m. The next CRC meeting is scheduled for July 24, 2006 in the Volusia Room of Daytona Beach International Airport. The remaining outstanding issues will be discussed.

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