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County Council steamed; they didn't know about settlement offer
By Al Everson
posted Sep 15, 2009 - 8:48:24am
Who's in charge of making water policy in Volusia County?
Does the right hand know what the left hand is doing?
At a recent meeting, County Council members expressed consternation over a letter sent by the Legal Department to the St. Johns River Water Management District. The letter was mailed Aug. 27
with the support of the county administration, before the County Council had seen or even heard of it.
The letter offers to settle the county's pending lawsuit against the Water Management District. Volusia County sued the St. Johns River Water Management District over the district's insistence that the county participate in certain alternative-water projects.
"It went out without any discussion at this table," complained Council Member Jack Hayman, as the matter surfaced for attention Sept. 3. "If you're asking me to give carte blanche support to the letter because it went out before we got it — there ain't no way."
Hayman was not the only one annoyed.
"I wish the letter had not gone out without our discussing it," Council Member Andy Kelly said.
"I cannot believe the extent of all this, and we heard nothing," Vice Chair Joie Alexander said.
Volusia County filed suit with the Florida Division of Administrative Hearings, seeking to force the Water Management District to back off its demands for pricey water projects. The county wants the district to accept its proposals for managing and conserving water supplies, instead. The administrative hearing in the case was set to begin Oct. 13 in DeLand.
The Water Management District is threatening to reduce the amount of water Volusia County is allowed to pump from underground, to force the county to get surface water from the rivers or ocean, via expensive treatment plants.
The county staff defended the letter, saying there is no way to escape the requirement for new sources of water.
"You are obligated by state law to have alternative-water supplies in your comprehensive plan," Assistant County Attorney Jamie Seaman told the County Council.
"This was meant as a very broad statement," Deputy County Manager Mary Anne Connors said, adding she intends to present more data to the council for discussion.
Florida has five water-management districts, established to protect and steward water resources. Volusia County is within the jurisdiction of the St. Johns River Water Management District.
The Water Management District has threatened to reduce the groundwater volumes West Volusia's utilities may pump. The district is pressuring Volusia County — and Orange City, DeLand and Deltona — to develop alternative water sources, such as desalinated seawater or treated river water.
The district claims West Volusia must drastically reduce its groundwater pumping to preserve Blue Spring as a prime habitat for a growing herd of manatees.
The Water Management District has set minimum flows and levels for Blue Spring, and wants to see the flows and levels increase over the next several years. To create that effect, the county and the cities of DeLand, Orange City, Lake Helen and Deltona are supposed to diminish their pumping of water from the aquifer, which feeds Blue Spring.
The district is insisting local utilities commit to alternative-water projects such as the proposed Yankee Lake plant along the St. Johns River near Sanford and another plant along the Lower Ocklawaha River in Putnam County.
Besides objecting to the surface-water-treatment plants on environmental grounds, the county and cities are concerned about the high costs — hundreds of millions of dollars — for each of the projects. Those upfront capital costs and ongoing operational expenses will make the water quite expensive for customers, officials warn, possibly as high as four or five times the rates customers are now paying.
The Aug. 27 letter that created the rift between the County Council and the staff contained an olive branch. To end the legal dispute before it gets to a hearing, the county proposed to drop its suit, if the district would stop demanding the county join the Yankee Lake and Lower Ocklawaha projects. The county's letter also called for no reductions before 2019 in the amount of water the county is allowed to pump from the aquifer.
The letter describes county initiatives to expand its water supplies, including stringent conservation and tapping stormwater for potable uses. One project involves developing a reservoir in the Deep Creek area.
While County Chair Frank Bruno described the contents of the letter as "a pretty comprehensive settlement proposal," some of his colleagues chided the staff for not consulting with the council beforehand.
"It still should have been discussed first by this body," Hayman said. "You need to keep us informed and in the loop, and we are wasting a lot of time playing catch-up."
The reservoir proposal, involving the channeling of stormwater into the rural heart of the county, troubled Council Member Pat Northey.
"I have to say I'm opposed to having Deep Creek destroyed with a reservoir," she said. "I think reservoirs have their place. ... I want to tread very carefully in that area."
The listing of possible projects on official Volusia County stationery also got Council Member Andy Kelly's attention.
"Just the mention of Deep Creek has the impression of council consent," he said.
The administrative hearing on the county's suit against the Water Management District was supposed to have begun in September, but the proceedings have been postponed for at least 30 days, according to County Attorney Dan Eckert.
Reader Comments
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As far as the county manager's office goes, Dinneen has always been given the task by the chairman to do the dirty work behind the scenes and keep Bruno looking good. They empower each other.
After all, this is "His Administration".
The district claims West Volusia must drastically reduce its groundwater pumping to preserve Blue Spring as a prime habitat for a growing herd of manatees."
So...the majority of the citizens of the county must use about 70% less water (1979 levels)...all for a "herd" of manatees?
"Sorry, Timmy...you can't take a bath this week, the manatees are more important."
I worked in the Volusia County DPW for over 30 years and I can assure everyone most are dedicated employees. Jamie Seamen is one.
However their are some others that I don't know how they got their positions.
The county manager ( that I hve never met) should look closely at "His" department Heads.
The bullies are in Palatka and the cowards are in the County legal department. It also illustrates the point the elected officials have no control over the government.
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