Charter Review Commission Minutes
Aug. 17, 2005

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Dwight Lewis's comments
Volusia Flagler Environmental Action Committee letter

CALL TO ORDER/REMARKS BY CHAIR

Charter Review Commission Chair William Scovell convened the listening session at 6:00 p.m.  The meeting was held in the Training Rooms of the Thomas C. Kelly Administration Center, 123 West Indiana Ave., DeLand, Florida.  The following members were present:  Chair Scovell, Vice-Chair John Graham, Wayne Bailey, Joseph Benedict, Clarence Davenport, Pat Drago, P. T. Fleuchaus, Alex Ford, Richard Gunter, Peter Heebner, Charles Matousek, Ezell Reaves and Glenn Storch.  Members Thomas McClelland and Pat Northey were excused absences.  Also present were County Attorney Dan Eckert, Assistant to the County Manager Betty Holness, Government Relations Manager Dona DeMarsh, Administrative Aide Camilla Grasso, and members of the press and 23 members of the public.

Chair Scovell made a few explanatory remarks about the appointment and purpose of the Charter Review Commission.  He noted that the purpose of the listening sessions was to hear the thoughts and desires of members of the community as it related to defining the County Charter.  He added that the information gathered during the five sessions would be used to help the Commission organize its efforts, such as which committees should be formed and which issues those committees should consider.

Chair Scovell then stated a few process ground rules, that each speaker limit his or her remarks to three minutes that the Commission would only be listening to the proposals put forth and not debating them, that everyone be respectful of each other’s time and that those wishing to speak before the Commission fill out a request form.

REMARKS BY ELECTED OFFICIALS

He then called upon County Council Member from District One, Dwight Lewis, for comments.  Mr. Lewis welcomed everyone and emphasized the importance of the Charter Review Commission.  He felt that while the County Council should not direct the efforts of the Commission, it was equally important that the Commission take into consideration some of the Council’s views and concerns.  He stated that the Commission’s role was to examine the structure of the Charter and to place before the electorate amendments that it felt would be beneficial to the governing process.  He warned against fragmenting the authority presently allowed the County Council.  He also felt additional Constitutional Officers were not needed, and that perhaps changing some currently elected department head positions into appointed positions might be more feasible.  He added that the creation of additional bureaucracy levels might lead to a splintered government.

Mr. Lewis then stated that the ultimate goal would be to look at creating a more efficient government.  He noted that growth management, school concurrency, water management and storm water concerns were all issues and encouraged the Commission to study State Bill 360 to understand what the State soon would be mandating concerning growth management.  He also recommended the Commission obtain a report on the findings of the last Charter Review Commission, which addressed the powers of the County Chair.  He concluded by asking that the Commission focus on governance, not agendas, and thanked everyone for his/her service and commitment.

Mr. Ford asked Chair Scovell, as a point of order, if elected officials would also be limited to three-minute presentations, and Chair Scovell replied in the affirmative.

PUBLIC PARTICIPATION REMARKS

Chair Scovell then began the Public Participation portion of the session.  The first speaker was Virginia Comella, a resident of the Cross Creek subdivision in the City of DeLand.  Her concern was a storm water management issue, as her subdivision had a pond, technically owned by the homeowners’ association, which was overflowing and flooding the surrounding neighborhood.  She stated that it was a joint problem for her homeowners’ association, the City and the County, and asked the Commission to look at improving coordination among the three entities.  Dr. Fleuchaus asked for clarification as to the location of Cross Creek.  Chair Scovell stated that while it was within the City limits, it was surrounded by County land and was therefore a mutual problem.

Chair Scovell then recognized Norman Erickson, who said he had three areas of concern.  The first issue was that of eminent domain, and he stated that he hoped the Commission would put together language regarding the protection of taking private property for public good vs. public use.  The second issue was curbing urban growth, and his third question was to ascertain that copies of the current County Charter would be made available to the public.

Upon a question from Mr. Matousek regarding Mr. Erickson’s stance on curbing growth management, Mr. Erickson replied that he felt development was out of control and happening too fast, that the individual was left out of the loop and that growth was being decided upon without being discussed first.

Mr. Ford asked for clarification on the eminent domain issue and Mr. Erickson replied that it should follow the procedure laid out in the United States Constitution, which would be for public use and not simply for the public good or purpose.

Aidan Magee then spoke. He stated that he represented the Volusia-Flagler Environmental Action Committee, whose recommendation was not to change the Charter in any way.

Andy Kelly spoke next, representing the Volusia County Soil and Water Conservation District.  He stated that his Board’s main concerns were to protect natural resources, particularly water resources, and to prevent soil erosion.  He said that one of the major issues not being addressed was that of the watershed, which he defined as the land that water flows across or through on its way to a common stream, river or lake, adding that a watershed could be very large or very small.  He noted that many people were concerned with storm water management, which is water trying naturally to get somewhere but being blocked by unnatural elements, such as fallen trees and the like.  He added that the watershed issue had been looked at since the 1970’s but nothing had been done about it, such as including it as an element in the Comprehensive Plan.  He also said he would like an environmental subcommittee formed to address his concerns.

Mr. Storch asked what had happened to the various drainage districts that used to exist across the County.  Chair Scovell answered that under the transition provisions of the original Charter the districts were abolished and the responsibility for the district’s mission was transferred to the County Council. 

It was noted that watershed jurisdiction came under the purview of the St. Johns River Water Management District, and that Volusia County would need to ask for the District’s assistance in watershed protection matters.

Chair Scovell then called on DeLand City Commissioner Charles Paiva, who deferred to DeLand Mayor Bob Apgar.  Mayor Apgar stated that the City Commission at its August 15th meeting had briefly discussed the Charter Review process and issues that might impact DeLand, and it had been decided that the City’s concerns would be formally provided in writing to the Charter Review Commission at a later date.  He stated that two ideas had been mentioned, that of the recognition and preservation of existing water and sewer service areas and that of the interrelationship of City and County governments.

After some further discussion about interlocal agreements with respect to water and sewer service areas, Chair Scovell called on the last citizen to speak, Mark Garrett.  Mr. Garrett recommended that the Commission support smart growth, especially in light of preserving the agricultural areas.  He also spoke about the Water Authority of Volusia becoming a taxing authority and asked that the Commission keep track of its activity with respect to taxing agricultural areas for water usage.

Chair Scovell then asked if any Commission members wished to speak.  Mr. Storch stated that he felt the areas of growth management, storm water, and City-County interrelationships needed study.  Mr. Heebner commented that he felt the Charter should be reviewed in light of what Volusia County would be like in ten, fifteen or twenty years.  Mr. Ford felt that some of the topics brought up at the evening’s session might be better handled through legislation by the County Council instead of being considered issues for the Charter Review Commission to address.  These would be forwarded to the Council as Management Recommendations for its review. 

There being no further business, the meeting was adjourned at 6:42 p.m.

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