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Charter Issues Advisory Committee
March 18, 2002
MINUTES

Daytona Beach International Airport
2nd Floor, Volusia Room
7:00 p.m.

Roll Call and Opening Remarks by Volusia County Council Chair Ann McFall
The meeting was called to order by County Council Chair Ann McFall at 7:10 p.m. Mrs. McFall welcomed all those present and introduced the members of the audience: Dwight Lewis, Council Member District 1; Jim Ward, Council Member District 3; Joe Jaynes, Council Member, District 4; Cindy Coto, County Manager; Dan Eckert, County Attorney. Also present were Jim Cameron, Halifax Area Chamber of Commerce and Ludi Lelis, Orlando Sentinel.

Mrs. McFall asked the members of the Committee and the staff to introduce themselves. Those present were Jack Ascherl, Doug Daniels, Maryam Ghyabi, Senta Goudy, James Huger, Jon Kaney, Charles Matousek, Allen Watts, Linda White and Matt Greeson, Dona DeMarsh and Cindy Finney from the County Manager’s Office. Also present was Dr. T. Wayne Bailey, Advisor to the Committee.

Overview of the Charter Amendment Process and Sunshine Law
Dan Eckert, County Attorney gave a brief overview of the amendment process. He stated that there are four ways for proposed amendments to the Charter to be made. They are: Amendment by Council, Amendment by Petition and through the Charter Review Commission process. In addition, Mr. Eckert stated that the Charter could be amended through the legislature by Special Act.

Mr. Eckert stated that the focus of this Committee is to recommend changes for the Amendment by Council process, which is 1302.1 in the Charter. He further stated that a two-thirds vote of the County Council is required for proposed amendments to be placed on the ballot. He stated that the County Council has asked that the Committee review the nine items listed and prepare appropriate language on issues that they feel need to be changed. Mr. Eckert also stated that the County Council wishes to receive a status report in mid-May with the final report being due by June 30th.

Historical Overview of the Volusia County Home Rule Charter
Dr. T. Wayne Bailey provided the committee with a historical overview of the Charter. He outlined that the Florida Constitution which was approved in 1968, provided counties the opportunity to create their own charters under Article VIII and that Volusia County was the first Article VIII Charter in the State of Florida. He stated that the original Charter and Study Commission was a 21 member body appointed by the State Legislative Delegation.

Dr. Bailey indicated that there were four guiding principles that the group began with and followed throughout their process. They are as follows:

• Structure or organization does not cure the problems of government.

• Policy agendas must be laid aside.

• A citizen based government is necessary.

• The capacity for governance demands more expertise - thus, the Council/Manager form of government was necessary.

Dr. Bailey finished by stating that the Volusia County Charter is a template for other charters throughout the State.

Overview of Administrative Support to Advisory Committee
Matt Greeson, Assistant to the County Manager provided an overview of the role staff will play as administrative support to the Advisory Committee. He stated that it will be staff’s responsibility to keep the public record, advertise meetings, take and distribute minutes, set meeting locations, conduct requested research, and prepare appropriate agenda packages.

Mrs. McFall asked the committee to focus on issues identified by the Council. She reiterated the request of Council to have a mid session report in May. She stated that the final report is due no later than June 30th.

Selection of the Advisory Committee Chair
Mrs. McFall opened the floor for nominations for Chair. Dr. Huger nominated Jon Kaney for Chair. The motion was seconded by Maryam Ghyabi. The motion was unanimously approved.

Mr. Kaney opened the floor for nominations for Vice-Chair. Charles Matousek nominated Senta Goudy for Vice-Chair. Maryam Ghyabi seconded the motion. The motion was unanimously approved.

Discussion of Charter Issues Advisory Board Process
Maryam Ghyabi asked that the meetings be scheduled by topic. Doug Daniels suggested that the Committee begin with the items that deal with the Chair issues (items e., g., and h). Charles Matousek asked if the Committee intended to hold public hearings around the County or hold meetings in one location. Dr. Huger asked about public participation. Jon Kaney stated that while public participation is not required, it will be up to the Committee how they wish to handle allowing the public to be involved in the process.

Allen Watts asked if they would be following any particular operating rules for the course of the meetings. Senta Goudy stated that she felt that any vote that went forward to the County Council should have a 2/3 vote of approval. Doug Daniels stated that he felt that no issue should be put forward for amendment to the Charter if there was not a chance of the amendment passing.

Dr. Bailey indicated that the original charter committee used 3 methods to make decisions. The first was to be flexible by taking tentative votes. The second, was to have a supermajority when voting. The third was to narrow down the list of issues before moving forward.

Jack Ascherl stated that he felt the issues forwarded to the committee from the County Council could be divided into three sections: issues dealing with the Chair are e, f, and g; issues dealing with terms are a, f, and i; and issues dealing with staff for Council members are b, c, and d. The Committee indicated they agreed with this division of the issues.

Jon Kaney stated that he felt there was no need for rules to develop consensus. He further indicated that his style as the chair would be to develop consensus on the issues. If there was not a consensus then a minority paper could be written in opposition to the majority view.

Dr. Huger asked if there could be three committees assigned to meet separately on each of the three areas identified by Jack Ascherl. Senta Goudy stated that she felt they would be spinning their wheels if they broke up into three groups because the issues are so closely connected.

Maryam Ghyabi asked for spreadsheets of neighboring counties. Staff explained that there is information in the notebooks which were distributed to the Committee. Jack Ascherl asked if staff could explore further the assistance to Commission members in the counties listed in the reports.

Doug Daniels also asked for copies of the charters from the 17 charter counties listed in the reports.

Jack Ascherl asked if someone could answer what the problem is that led to the need for this committee be created. Ann McFall stated that she personally felt that continuity would benefit the County. She felt that either the Chair should succeed themselves or be elected by the general public for a multi-year term. Jon Kaney asked if the word continuity could be interchanged with the word leadership. Mrs. McFall stated yes, she felt that the words are interchangeable. Dwight Lewis stated that he felt continuity was very important in light of the increasing push for regionalism. The Chair of the County Council is faced with regional meetings to attend and participate in. He said that as soon as the Chair gets to be known and heard their term is ending and that it is difficult to build regional relationships in this scenario.

It was determined that meetings would begin at 5:30 p.m. and last no more than two hours. The meetings would be held on Thursdays beginning on the 28th.

Jon Kaney asked if each member could give a very brief overview of problems.

Jack Ascherl stated that he felt that the problem is a lack of continuity. He feels that a one year term for Chair does not work. However, he feels longer terms are not good either. He suggested that having a Chair that is elected for two years by the Council, and is able to succeed themselves for up to 4 years, might solve the issue.

Charles Matousek feels that the Chair should be elected by the electorate rather than by the Council.

Allan Watts stated that he feels that continuity with the Chair and the Council is a major issue. The County needs the dependability of the Council. He would like to consider the term of the entire Council. In addition, he feels that two, two-year terms for the Chair provides stability. The goal of leadership requires a strong professional manager.

Dr. Huger stated that County Council members are supposed to be part-time. He is supportive of a second term for the Chair, provided the Chair is elected by the Council members. He stated that continuity should come from the County Manager, who carries out the wishes of the County Council.

Linda White indicated that she felt that the Committee should keep in mind the affect that changes in Southwest Volusia will have on the County. She stated that without continuity it is difficult to understand the east vs. west relationships.

Senta Goudy stated that she felt that the County needs long-term continuity. She would like to see the Chair succeed themselves. She would like to have the chair elected by the electors.

Maryam Ghyabi stated that she agreed with the other members statements. She definitely feels that the County is not a regional player. She stated that she wanted to become more educated on the issues before making any decisions.

Doug Daniels feels that the County needs stronger leadership. He feels that the County is politically fragmented. He stated that a strong elected leader is needed to pull the county together. He feels that the Council members are moving from part-time to full-time. He feels that part-time Council members work well in the Council Manager form of government.

Jon Kaney feels that a Council Manager form of government should be preserved. He continued by stating that there should be no change in the executive branch. Mr. Kaney would like to look at how to make the Council stronger to address the issues of continuity and leadership. He is undecided on the election of the chair by the Council or the electorate.

Mr. Kaney stated that he was confident that none of the members had made definite decisions on any issues at this point. He further stated that he hoped that all of the members would work together to come to a consensus on each of the issues before them.

With no further discussion, the meeting was adjourned at 8:50 p.m.

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