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Water Policy Review Commission
MINUTES
Regular meeting
Oct. 11, 2001
Training Rooms (first floor)
Thomas C. Kelly Administration Center
123 W. Indiana Ave., DeLand

MEMBERS
Bill Scovell
(present)
Fritz Behring (absent)
Randy Brewer (present)
Richard Fernandez (absent)
Ken Hoblick (absent)
Elizabeth Layton (present)
Tom McClelland (absent)
Steven Provost (present)

CALL TO ORDER/ROLL CALL
The meeting was called to order by Chair Bill Scovell at 6:02 p.m. with the above attendance noted. Also in attendance were Cindy Finney, County Manager’s Office, and Dan Eckert, County Attorney.

APPROVAL OF MINUTES OF AUGUST 8, 2001 MEETING
Elizabeth Layton made a motion that the minutes be accepted. Randy Brewer seconded the motion. The motion was passed 5-0 and the minutes were adopted as written.

GUEST SPEAKER: MARSHALL BONE, FORMER VOLUSIAN WATER ALLIANCE CHAIRMAN
Mr. Scovell said he had invited Marshall Bone to speak about the Volusian Water Alliance. Mr. Marshall is a former DeLand City Commission member and a former Chairman of the Volusian Water Alliance.

Mr. Bone said the Alliance’s biggest accomplishment had been a trip he had taken with Alliance Executive Director Don Feaster to the St. Johns River Water Management District. Mr. Feaster had showed the SJRWMD staff a map with the interconnects in the County, which the staff found very interesting. No one had ever come in and said to the district, "this is how we visualize our water system in the County," Mr. Bone said. To put it in perspective, the City of DeLand’s water supply is four miles from the City of New Smyrna Beach’s water supply. Mr. Bone said his biggest disappointment had been continual delays on the water plan. The Alliance had been ahead in developing the plan when former Governor Lawton Chiles ordered the 2020 plan be developed. That stopped the County and forced it into step with the rest of state. One of the things put on hold is a study to determine how the Alliance will operate in the future. Will it stay like it is with interlocal agreements or does it need to evolve into a type of water authority? The Alliance is partially funding this study. Mr. Bone said his opinion was that because of the political nature of the County, unless there is a water authority of some type the area will always be "behind the eight ball" for water. The authority should be countywide but not controlled by the County, he said.

Mr. Brewer asked if Mr. Bone thought the Water Alliance should be "morphed" into a water authority with regulatory powers. Mr. Bone replied that the players are there and a lot of good has been accomplished. Most people who attend the meetings understand there is a problem countywide.

Mr. Brewer asked how could we accomplish what Mr. Bone stated in theory, what mechanism could the commission recommend? Dan Eckert, county attorney, said interlocal agreements because an authority can’t be created by charter.

Mr. Bone said one of the tools is the raw water supply as a concurrency item. Mr. Eckert said he thought that was possible but the problem is on what basis do you measure? What is the supply? The question is not is there going to be enough water, but is there going to be enough cheap water? Envision it as a concurrency item but don’t think you would be able to draw an ordinance.

Mr. Scovell said it is going to require the SJRWMD to get involved. There needs to be universal costs for water. The economics and availability of the economic water. This is the test of concurrency. If you have in place the means of producing water, concurrency is no problem.

Mr. Eckert said he agrees with much of what Mr. Bone said, but what do you test concurrency against? The aquifer? surface water?’

A discussion ensued.

Ms. McGee said we have a manageable system and are guided by the SJRWMD. What are the discussions at the state level? She has heard there will be a statewide water policy plan. If so, it would really become a political football.

Mr. Bone said he thought the drought started to focus attention on the problem. There is on state requirement that the 2020 plans be implemented. He thinks at the state level mandatory implementation of the 2020 plans would be a good idea.

A discussion ensued on the plant at Peace River. Mr. Scovell asked Staff liaison Cindy Finney to send a memo to the Council Chairman asking if the Commission could accompany the Council if it visits the Peace River facility.

Ms. McGee asked the legal ramifications of limiting water in households? Mr. Scovell said that could be accomplished with an adjusted rate with the cost going up as the amount used increases.

Mr. Bone said people are realizing reclaimed water is a valuable commodity. The Arvida subdivision has one of the most water efficient systems. Ms. McGee said we should be educating the building community and then the citizens.

An audience member said he uses the Volusia Water Advisory Board final report as a reference. He said the public wants to be educated about water.

Mr. Scovell asked Mr. Eckert about putting on the ballot environmental regulations related to landscaping that it would be countywide and cities could adopt it "as is" or adopt something more stringent. Mr. Eckert said all the authority needed is under existing environmental standards. The authority is there for minimum standards requiring some kind of water conservation ordinance. That "vessel" then would have to have content poured into it by the County Council.

Mr., Scovell said the verbiage would be set so that commercial structures would have xeriscape landscaping. The second thing could the conservation ordinance be adopted by the county and applicable countywide.

Dan answered there would be difficulty putting the ordinance itself into the charter. The charter is flexible with environmental protection, it provides the authority needed, he said.

Mr. Eckert said, can the County Council adopt minimum standards landscape requirements as part of commercial building ordinance? Yes but the catch is how would they enforce it?

A discussion ensued on stormwater.

Mr. Bone said the Water Alliance has come a long way considering the road that it has had to travel. There has to be some kind of "prod" to get the Alliance from where it is to where it needs to be. As far as implementing the 2020 plan, it’s going to take political guts. For us to fail on this would be one of the worst tragedies that can happen to the County, he said. Not getting the CUP for the Chip Plant was a harbinger of where we are going.

Mr. Scovell said putting on the ballot something advisory in nature to see what happens is a possible option. He asked Mr. Eckert to study some of things that were talked about at the meeting and tell the Commission if they are possible. The Commission will enter a discussion on those items they want to concentrate on. If the Commission can’t put a charter amendment on the ballot that would effectuate the creation of a water authority, it may be able to get an advisory referendum that would have some effect and get substantial support by the voters. He said he would talk to Mr. Eckert about the minimum standards.

Mr. Bone said ask voters if the implementation of the 2020 water plan should be mandatory. It would be important to have it worded in a way that is understandable. Mr. Eckert said the Commission can ask the Council to add to the ballot a straw ballot.
Mr. Scovell asked Ms. Finney to provide the questions for the ballot which the Commission had discussed during the meeting.

ADJOURN/SET NEXT MEETING DATE
There being no further business, the Commission adjourned at 8:05 p.m. The next meeting of the Commission will be at 6 p.m., Thursday, Nov. 8 in the Training Rooms, Thomas C. Kelly Administration Center, DeLand.

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