SPECIAL COUNCIL MEETING WORKSESSION HEISLEY PARK DRAINAGE ISSUES MONDAY NOVEMBER 23, :30 PM. President Hada called the meeting to order.

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1 SPECIAL COUNCIL MEETING WORKSESSION HEISLEY PARK DRAINAGE ISSUES MONDAY NOVEMBER 23, :30 PM President Hada called the meeting to order. City Council convened in a special meeting in Courtroom #1 of City Hall, with the following in attendance: Arlene Becks, Abby DelaMotte, Andrew Flock, Paul Hach, Joseph Hada, Hal Werner, City Manager Rita McMahon, Assistant City Manager Doug Lewis, City Engineer Richard Lesiecki and Clerk of Council Jennifer Bell. Robert Fountain was absent. Mr. Hada welcomed everyone to the work session to discuss the Heisley Park water situation and to inform City Council on the course to be taken and where the City is going with what we can do. Mr. Hada turned the meeting over to Ms. McMahon. Ms. McMahon stated there are representatives from Mortell and City Department Heads who will make brief presentations during the work session. Questions from the audience will be entertained after the presentation. For several months City Council has heard about ground water issues from Heisley Park residents. It was suggested that the residents come before Council and assist us in plotting a course of action to resolve the issue. This will help City Council be familiar with both sides of the situation. The City has been working with the developer and the builder. Mr. Mike Mortell, the developer and representative of Mortell Associates, stated he has family ties to the City of Painesville. In 1996 Mortell became interested in the property and purchased the land. Once they decided where to build the development a portion of the property was sold. Over a period of time the property was aligned so it could be developed. During this process they have gotten to know Ryan Homes, who have significant building experience. They are a high-quality, national builder. They worked on the comprehensive draft of the development. He heard about the high water table issue after four phases into the development, specifically Phase 5 and 6. He heard about the frequency of pump running through the builder. Ryan Homes has always taken the approach that it makes the most sense to work with each of the residents homes. This enables them to pinpoint the issue. For a number of years, Ryan Homes has done work on a resident by resident basis. Seven Bentonite dams have been installed since It is not easy to know the magnitude of the situation. Water follows the trenches. In the last few years exterior pumps were installed to keep the water levels down. Currently a French drain system is in place to keep the water from moving into the sump pumps. Once it is completed, the hope is that it will take care of the situation. So far the French drains that have been installed and they are working out well. There are a few other areas that need attention and will be looked at individually. Solutions are determined on an individual resident basis. Ryan Homes was committed to respond as quickly as possible. They have tried to be there for the homeowners and are committed to be there for them in the future. The solutions that have been proposed have been done to create a situation that will alleviate the problem. There are new homes in the development and there is room for 200 more homes. Mortell is not leaving town anytime soon. They are trying to alleviate the situation as best as they can. It is important to remember that this is not an exact science. It is more of a dynamic process. The development of the site will help with the issues because more water will be moving away from the homes. Mr. Mark Smoley of Mannick & Smith, provided a hydro-geological study of the developed portion of the property. He was brought in by Mortell Associates. He is a registered professional engineer with the State of Ohio. He was retained to perform the hydro-geological investigation. He looked at the ground water and what he saw was typical in Lake County. He distributed the Lake County Soil and Water Conservation District Review and Assessment. Mr. Smoley stated that a portion of Heisley Park sits on a beach ridge. A beach ridge formed when an ancient glacier retreated thousands of years ago. Where the glacier stopped it created lakes and beaches. The soils in Heisley Park are just such a beach ridge. The soil is a well-drained sand that transitions into clay, but predominantly sand. The Soil & Water Conservation District gave the name Kingsville soil to a silty sand and Painesville to sandy loam. The soil can be managed in a subdivision with sump pumps. If you can get gravity flow away from the homes then footer drains are used, but sump pumps are used the most. Mr. Smoley indicated that other areas in the City have the same soil like W. Eagle Street and Hartshorn Drive. This is determined by using a drilling rig installed to bore holes into the soil to find the location or evidence of ground water. Monitors are then put into the holes to monitor the water level. They also observe sand depths and indicate how deep you have to bore until you hit clay. Sand goes down five feet in the area. Mr. Smoley explained a map. He stated that south of the line on the map was Kingsville soils and north of the line on the map is Painesville soils. The common approach to building in the area is the use of sump pumps. They run as often as they need to run. Ms. McMahon stated before we go into questions and answers the City Engineer, Mr. Richard Lesiecki, will discuss the survey done by the City to help get a handle on the situation. Mr. Lesiecki stated the City reviewed all the development plans. Heisley Park Subdivision meets all of the City Codes. No variances were requested. Standard engineering practices were used throughout the design and implementation of the development. In October 2008 the Lake County Soil and Water Conservation District went to the site and provided the City with a report, which indicated the different types of soil in the area. The report presented the same kind of information Mr. Smoley just described. Sump pumps were considered a critical tool for the area. This is not an unusual situation due to the high water table in the area. To get a better handle on the extent of the situation in October of this year the City

2 2 sent out questionnaires to each Heisley Park homeowner in the affected areas with a deadline of November 3. Another letter was sent out to those who did not respond to the first letter. He stated that 56% of the questionnaires were returned. The results of the questionnaires are portrayed in a colored map distributed by Mr. Lesiecki. There were 51 questionnaires received back out of 91. The results of the questions were given to City Council. The questionnaire asked if their sump pump ran 5 minutes or less or 5 minutes or greater? Based on the results of the survey there were 2 residences on Birchwood, 3 on Greenfield and one on Walker that reported high sump pump usage of 5 minutes or less. This is 6.5% of the total questionnaires that were sent out. This shows that it is an isolated and not global issue in the development. Ms. McMahon stated on the table this evening is a more detailed summary of comments from the residents. Ms. McMahon opened up comments from City Council. There are still issues with ground water. Sump pumps are the industry standard to deal with this issue where there is no gravity to move the water away. Sump pumps are implemented on the property and on the exterior of the property. Mr. Flock presented a CD of photographs from a recent visit to the area. The first photo was looking toward the development from the road over the bridge toward Shamrock Boulevard and the second photograph was taken of the development at a distance. The third photograph was of the development in the background and some water on the land in the foreground. Ms. McMahon stated the area where there is water in these pictures is Mr. Osborne s property. It is located to the east of the development. Another photograph was of a meter on a private residence on Birchwood Lane. The meter is adjacent to the sewer pumping water out of the sewer. He is concerned with water getting into the sanitary sewer. Another picture was of two sump pumps in the back of a house. The resident is afraid that if the power goes out that their sump pumps will stop working and their basement will be flooded. They ended up purchasing a backup generator. Mr. Hach asked if the property with standing water in Mr. Flock s photograph was going to be improved? Ms. McMahon answered that she has seen a subdivision development plat request for the area and the City brought up the ground water issues. It has not yet been platted or developed. She stated that the property is not graded. Some wetlands have been identified on the property and they received permission to mitigate some portions of the area. Mr. Hach asked if a hydro-geological map by Lake County would be available to those who buy the property? Ms. McMahon indicated that it was available on the website. Mrs. DelaMotte asked if any representatives from Ryan Homes were in attendance? Ms. McMahon replied that Ryan Homes representatives were in attendance, but it is their corporate policy is to speak to individual property owners, but not to address the issues publicly. Ryan Homes has been working with the City on these issues. Mr. Hada stated that his own sump pump runs frequently. Everyone on his street has a sump pump and they run frequently depending on the weather conditions. It is an acceptable standard. Mr. Hada stated that he has reviewed the map and comments in the resident questionnaires. Mr. Hada asked Mr. Lesiecki to describe the problem areas. Mr. Lesiecki stated the property in blue indicates those residences where the sump pump runs 5 minutes or greater. Mr. Flock stated he visited a resident and as he was walking toward their sump pump in the basement and it felt like there was a stream running through the basement. The pump was running quite a bit. Mr. Lesiecki stated that there are six properties in red who reported that their sump pumps turn on 5 minutes or less. Mrs. DelaMotte asked if there were houses where the blue dots are? Mr. Lesiecki stated that this is the most up to date map of the sump pump questionnaire results and some of the houses were not on the aerial picture. The questionnaire responses were just categorized on the map based on sump pump frequency. Mr. Hada stated that he has a crock by the sump pump and when it fills up then the sump pump kicks in. Mr. Werner asked about water distribution under the ground and he asked if it channels differently throughout the course of years or it is just rising? Mr. Smoley stated that the ground water level is seasonal. Soils are one foot or less depth into the ground water. The higher elevation soils drain quickly and the lower elevations do not. Any additional infrastructure on the site in the future will de-water the Kingsville soils. The more houses, sump pumps and drainage, the more it will de-water the soils.

3 3 Mr. Werner asked if it would re-route itself naturally? Mr. Smoley stated that the map show somewhat definitive boundary lines, however there will be veins and a clay ridge in the soils. It is not hard and fast. Mr. Mortell stated that another circumstance related to sandy soil to the installation of the French drain. There is an existing sewer line that went through this phase of the development that is 20-feet deep. This along with that the hydrated soil and then with additional soil being pushed up by the sewer line is causing issues in the localized area. Mr. Smoley stated there is an existing sewer main. Ms. McMahon stated that it belongs to the City and it is a 27-inch interceptor line that was used to serve the Township and is accessed by the development to into our system. Mr. Smoley stated there are sewer backfills that act as drains. Phase 9 got it from both sides. This has a 2-sided effect that was confirmed when a Bentonite clay dams was installed. This acted as a temporary plug and cuts off the flow of the sanitary line to the houses. Once the preferred path is cut off it went another way. This is the 2-sided threat to Phase 9 so the builder recently installed a French drain as the solution. Mr. Hada stated in looking at the map and individual responses it appears that some people that had a problem and now they no longer do. Mr. Hada asked how many people still have problems? Mr. Flock stated that 18 out of 51 respondents said they have the same condition. Ms. McMahon replied that some of the people had their sump pumps running very little and the drain has no effect. They did not have much of problem to begin with. We need to go through and see which lots that residents indicate are the worst. Mrs. DelaMotte stated that when she was at Birchwood it seems like the French drain was effective in upper Birchwood. In some areas the French drain has made a difference. It is doing what it is designed to-do. Mr. Flock stated when he was there it was raining and even with the water draining there was still water running. Mr. Hach asked if the developer had a backup generator when they installed the sump pumps to keep them going? Ms. McMahon did not believe there is a battery backup on Birchwood. There was talk of installing an alarm on the pump in the form of a light. Mr. Hach stated that the sump pump was put in as a temporary solution and now it appears to be permanent so if it fails there will need to be a backup for emergencies. Mr. Flock asked how long will a battery backup hold? Mr. Smoley explained that backups are used in homes, but not in subdivisions. A strobe is installed on the control panel that goes off when it needs to be serviced. Ms. Becks asked if the dam was installed in only high water areas or the entire area? Mr. Smoley replied that anyone with an excessive problem with their sump pump running, had a Bentonite plug installed. Ms. Becks asked if it could be done to those with problems now? Mr. Smoley was not sure it was proven to be effective. It is a stop gap measure for the lateral. The water just went around it. It was only temporary. Ms. Becks asked if a layer of rocks could be put around the bentonite collar? Mr. Smoley stated that you could not extend the collar big enough it to be effective. It is still sandy material. Ms. Becks asked if there will be problems with groundwater and the land until someone moves the water or there is a better way of drainage. Mr. Smoley stated if there are adequately-sized sump pumps installed it will take care of the drainage issue. pumps? Mr. Flock asked how many residents had to purchase sump pumps to replace the original sump Six people in the audience raised their hands.

4 4 Ms. Becks stated that we need to make sure there is full disclosure of drainage issues for those people interested in purchased the property. said? Mr. Hach stated that if full disclosure is given it is typical of area soils, does it legally have to be Mr. Hada stated that looking at the Lake County geological map the soils do look typical for Lake County. It is not specific to this neighborhood. Ms. Becks asked how many people will actually ask questions about the soil when they go to buy a home? Mr. Hada read a statement for all visitors. This is the Visitor s Recognition portion of the meeting. It is that part of the Council Meeting where members of the audience have an opportunity to address Council. Although your comments or questions can be addressed to Council, the Administration or both, any dialogue must be conducted through me as President of Council. If you wish to comment on specific legislation being considered by Council at this meeting, or if you wish to defer your comments until the legislation is called for consideration, you must request to do so at this time. Those making such requests will then be called upon when the legislation comes up for consideration. For those visitors who wish to speak, please raise your hand to be recognized, use the podium, state your name and address, and limit your comments to three minutes. Mr. Ray Sternot, 346 Birchwood Lane, stated that the water problem did not exist until work was being done on Elderberry. Bentonite alleviated the problem and small sump pumps run excessively. The builder installed larger crocks and pumps, but they have to have adequately-sized pumps. The blue houses on the map did not state the issues there were two years ago. French drains have helped but they have not addressed all the houses. The pumps are not a green solution like the French drains. Residents have no other option than to pay large electric bills. It has taken 2 years to fix the problems. This has been too long. Mr. Sternot asked what else can be done to divert the water from the sewer line? Mr. Hada stated that we can look at adequately-sized pumps. Mr. Robert Sternot, 464 Walker Lane, stated that he is in attendance at this meeting to protect his property value and if an inspector sees an external crock and pump he will tell the prospective buyer that there is a problem. He thinks the unseen French drain is a better solution. He stated that the City of Mentor has similar problems. Is Ryan Homes researching the pumps they are installing? A battery backup should be included in the price of the home along with a pump. The Homeowners Association is picking up the bill for whatever goes in and if this goes bad the Association will be picking up the bill. He thanked Council for their time. Ms. Susan Bennett, 393 Birchwood Lane, stated that since she has moved into Heisley Park she has had nothing but issues with the builder. The lower part of Birchwood, once the addition is built, the sewers are in their part of the street and her basement gets flooded. She is afraid to finish the basement of her 2,000 square foot home. She stated that she has lost half of the living space. Her sump pumps runs for 2 days straight. Ms. Bennett asked for a resolution to be issued to get her house back to order. As a homeowner, she feels she and many others were misled. She asked if Ryan Homes received the hydrogeological study before building? If not then they should have. Mr. Jack Lent, 318 Birchwood Lane, stated that the French drain alleviated some of the problem. He stated that 90% of homes have sump pumps and not many run at the same capacity. His sump pump runs every 15 minutes or so because it is not a heavy duty sump pump. He gets damp walls and condensation in the basement since the French drain was installed. He is concerned about the affect of the water issue if apartments are built nearby. Ms. McMahon replied that the City has received no plan for any development to the south of Heisley Park. Mr. Lent stated that whatever is built in that area may re-route the water elsewhere. He is not buying if the water is running in different lines it will start. The area is marsh land. This is nature and it sounds to him like a lot of people are trying to save face. More houses are to be built on Greenfield. Ryan Homes does not want to disclose anything like water issues and it needs to be addressed. Mr. John Cruise, 1542 Elderberry, stated that the French drains have helped and his sump pump runs ever two days instead of every minute. He stated that as he is looking at the survey map he now understands where the Painesville soils and Kingsville soils are located. Mr. Tony Caruso, 308 Birchwood, stated the water problem seems to be stopped temporarily and he is worried about the change in the water table. When he sells his house he has to fill out a 5-page disclosure form and he will have to disclose the water problem. He did not understand why the builder did not disclose anything. He thought that he was lied to by Ryan Homes. If this issue was disclosed he would not be a resident of Heisley Park. He asked why the City is still issuing building permits if there are still water problems? Mr. Jeff Baca, 372 Birchwood Lane, stated the Bentonite dam did not work in his case. He has gone through four different sump pumps and he has experience a water line backup. He hears there is a high water table and he wants to know about the fix. He wants Ryan Homes, Mortell and the City to come up with a solution so there is no more damage.

5 5 Mr. Cruise stated that Lake Erie is to the north and he asked if that was contributing to the water problem? Mr. Smoley replied that we lie on a ridge higher than Lake Erie. Ground water discharge goes into the Lake. The Lake is about 70-feet below us and it is helping. Mr. Nick Chapman, 1535 Greenfield Lane, stated that he experienced a sump failure and basement issues. His main concern is why the new pump installed by the builder is being paid by the Homeowners Association? The maintenance and electric bill on the pump is also being pushed onto the residents. This is something the residents did not have any control over and it is ridiculous. The residents have no say in the development right now and he has stopped going to the meetings because he has no say. Ms. McMahon stated the City Engineer and staff, representatives of the developer and Ryan Homes are looking for a solution. A detailed analysis was done and the red lots on the map were identified as needing permanent, long-term solutions. The City will facilitate a solution. We are looking at the hydrology issue. A few issues such as sump pump size will be looked into as being required for future phases of the development. Basements are prohibited in Phase 12 of the development unless additional information is provided about the homes being protected. Any development to the east will be required to have a hydro-geological study. We will continue forward on long-term and permanent solutions. Ms. McMahon stated The Homeowners Association is responsible for storm drainage facilities within the development. The Association is also responsible for the two storm ponds in the development. This is an integral part of the storm system. The City is responsible for the pipes in the street the larger facilities in the subdivision are the responsibility of the residents living there. This is the way the regulations were set up for the past years. We are looking for solutions that do not require long term maintenance that is why the curtain and French drains are the preferred solution and we continue to explore the options. It is important to understand that a global solution cannot be implemented because the red properties are sporadic and a more detailed hydro-geological survey needs to be done. Mr. Hada stated the City and developer will sit down with the individual homeowners in red to discuss their specific problems. Ms. McMahon stated the City will also look into what our Subdivision and Building Codes requires before we do approvals for additional developments in terms of sizing and flow rates of sump pumps and backups. Mr. Smoley has been engaged because we have requested additional information for future development. Mr. Hada asked when the meeting will be with the homeowners in red? Ms. McMahon replied that she hopes it is within the next two weeks. We will try to facilitate the meeting. Mr. Flock stated that Heisley Park residents have been coming to Council Meeting for a while to discuss their water problems and they want an answer. He asked if we could provide residents a window of time when this issue will be resolved? How can these people be helped? Mr. Hada stated that individual meetings will be scheduled for each property in red. These have to be addressed on an individual basis and as fast as possible. Mr. Chapman asked if the builder has committed to meet with everyone to find a solution? Ms. McMahon stated in her conversation she was led to believe they are committed however they can answer for themselves. Mr. Mortell stated the builder will make every effort to meet with residents. He is not sure how they can conceivably drain the entire area. Ms. McMahon stated that Mortell is willing to look at the options and address those options. Mortell is committed to find a solution and alleviate the water problem. The mechanical pump is helping out a lot. The electric expense is diminutive. It is $1.50 a year per homeowner based on 270 homes. A Heisley Park resident asked if crocks or sump pumps are needed will the homeowners be responsible for the cost? Ms. McMahon stated she is not in the position to answer this question. She does not have that information and does not know yet the individual solutions. We will cross that bridge when we get to it. She is aware that some homeowners have just repaired their sump pumps and crocks. Mr. Ray Sternot stated that he would like to see everyone strive for the fundamental, green, nonelectric solution if possible. Where is the water coming from and can it be diverted? Ms. McMahon stated that getting additional information on the soils will take time. Mr. Smoley stated in Lake County many residents have sump pumps and they will run. Sump pumps are the standard for this condition. In some situations they sump pumps are not solely relied upon. It is a complex issue. A drainage analysis will be done.

6 6 Mr. Sternot asked how often sump pumps should be running? Mr. Smoley stated 5-15 minutes is an average time. He agrees with the City Engineer. Mr. Cuise stated if he had access to the hydro-geological survey he never would have bought a house in Heilsey Park. Mr. Hada stated the City is working with the homeowners to come up with a solution. Some of the solutions are permanent and some are temporary. There is more work to be done. We will continue to try different things and get additional information. The City promises to work on this issue. Ms. Becks asked if any of the surrounding ponds are receiving water from this area? Mr. Lesiecki stated that all the storm water in the area is going into retention basins. There is no correlation between the retention basins and the sump pumps. In order to get the water to the basins it must be pumped. Without the pumps the water does not get there. The problem is that sump pumps are running too much. Ms. McMahon stated storm water or surface runoff goes into the pipes and ponds. We are talking about ground water that is running all the time whether it is raining or not. It is two different systems and they have to be analyzed differently. Mr. Lesiecki stated there is a ground water issue whether it is raining or not. Ms. McMahon stated the City will be meeting with representatives of Ryan Homes and the developer. We will continue to keep the residents informed about what is happening and what the next steps will be. Mr. Hada stated they will be contacted after Thanksgiving. Mr. Shawn McElroy, 432 Birchwood, his basement did flood and he stated the sump pump in house runs once every 1-2 hours and he is very much interested in a long-term solution. He asked what is the timeline for analysis for the building code to put safe guards in for future developments? Ms. McMahon stated the analysis will be complete by the first quarter of There are some legal issues about what we can and cannot regulate. The issues will be summarized and we will explore to what extent the City is allowed to regulate in the Code. Community Development, City Council and the Planning Commission will be working to address this issue. It is administrative. Mr. Elmer Kastelic, 519 Poplar, stated that he has 3-feet of water on his property and wondered what the potential is for run off water mixing with ground water. This is north of the subdivision. He is concerned about the water is going Ms. McMahon asked Mr. Kastelic to set up a meeting with the City Engineer. Ms. McMahon stated this is the conclusion of the work session to discuss Heisley Park Drainage Issues. She reported the Organizational Meeting of Council is scheduled for Saturday, January 2 at 1:00 p.m. in Courtroom #1. The first Regular Council Meeting will be held on Monday, January 4. A notice of the meeting will be sent out by the Clerk. Motion by Mrs. DelaMotte, seconded by Mr. Hach that the meeting be adjourned. All members answered yes. Motion carried. The meeting was adjourned at 8:00 PM. Jennifer Bell Clerk of Council Joseph Hada, Jr. President of Council

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