In deed we did.
We said we are always going to be at a disadvantage for not being sufficiently impaired. [ laughter ] >> [ Indiscernible - low volume ]
It is.
In order -- in other words you have to be dead in order to qualify.
Exactly. For not having let our waters get bad enough, we are perhaps in a competitive position. But that is something I would like to look at as far as what has been approved versus what was requested. And give counsel a more thorough analysis of what we think may have occurred.
I think that might be a good idea. I was talking to Kelly and Kelly was going to be getting me a list of the projects that we had requested. I haven't gotten that list yet.
I will distribute that. >> I told Kelly as soon as I got the list I would get them to put it on their legislative list. It wouldn't be difficult.
Maryanne is distributing it today.
Okay. >> There has been no opportunity for me to get in touch with him to see if they will put it on their legislative list. I think that this is probably the only game in town. We should be a part of it because I think we will get up -- wind up getting our fair share out of it. But can I say that for sure? Absolutely not. What do I think the reason for doing this is? I don't really know. I have been a member of this group when it was an advisory group to the water management districts. Then it became the group that we actually made the decisions and it was going to be moved away from the board of management groups [ Indiscernible ] and we would be the ones to actually make a decision. But they were the major funders. If you are the major funders and your say so is more than other people's, you kind of have to wonder why that structure was adopted. It may be that this structure would be adopted and then the state of Florida will back out and quit funding anything. I don't know. I don't really know where this is going. I have no idea, no roadmap . The only thing I would say is, right now it is probably better to be in the tent then out of the tent. Until you realize that being in the tent is not worthwhile. And it could well turn out to be that way. I'm not saying that you are wrong. But if we get our projects added to the list, that would be useful. I do think that they would be promoting those as actively as they promote anything else. The EPA has shown a willingness to move the board -- from [ Name indiscernible ] to the county line, which gives us the opportunity to get some money to correct some problems in the north pole and Sele -- North Peninsula , and money for those kinds of projects. It's possible. Whether or not it actually comes about, I don't know. I can't predict the future. I just don't know how this organization is going to work. So that is kind of where we are. Everyone is feeling their way. Anyone who is a member of the organization would have the -- would be saying the same things I am saying. They don't know how it is going to work. Even the people in South Florida don't know. Indian River -- they are representative -- their representative to the Council had some sort of problem with DEP, had a problem with St. John's, and had a problem with the water management District. All three. He didn't want any of them involved in it and that was his major issue. He thought it should be the counties and not these other governments at all. Which seemed to me to be a little bit unrealistic because everyone is putting in the money. They are putting in the majority of the money they are going to want a representative. I did not understand his thinking at all. But the city's down there all wanted to be members. And their County Council members wanted to be on it. I suspect that they will be joining -- Indian River will be joining. I don't think that there is a particular plot to benefit South Florida. But I will tell you this, we have a week South Florida legislative delegation and they have a strong one. They have
Negron. We don't have that. It's a problem for us up here and it is going to be a continual one . To think that our legislative efforts, that our lobbying is also -- all of a sudden going to turn our weak political position into a strong one is wishful thinking . We might do better being part of a group that has some legislative clout behind it. Thank you.
All right, thank you sir. >> Like most of you, we are all on a bunch of boards. All of the boards I am on our out of the county. We go down to the congressional leadership, East Central Florida commissions, and I go to all of these boards and there is one thing I always -- it doesn't take long for me to see the writing on the wall. We are just a secondary thought. We are always a secondary thought. Everything goes to Orlando. All roads lead to Orlando. All money must follow to do the world or see world or universal or those places down there. Even on East Central Florida. We have been talking about oh we're going to do the drain line into Canaveral. Into the port so we can get freight off of these ships. And use rail to bring it in here to the FEC line and they will run up -- when the freight up and down. What about us? I keep looking at these people and saying, hey, over here. We submit projects . We keep getting second banana on everything. I even asked , when we were down there for the congressional leadership meeting on the expansion project . I said. I have a dumb question. Why don't you start on the north side and move south? We are the bedroom community for Orlando. If you do it there, start where we ended at 472 and expand I-for all the way south. -- I-4. For you, that makes no sense to me. I would rather save the $50,000 and use it somewhere where it benefits the citizens of Volusia County. I have to agree with the motion. Mr. Dineen?
Just a quick comment to say I do know my staff has become frustrated on this whole issue of impairment because a lot of us refer to it -- the way this is set up, only when you are dead will we render first aid. That's why instead of getting ahead of it, the lesson is you have a better chance. Wait till something is something -- wait until something is really damaged before we give you a. That part , my staff is frustrated by.
I have no question on that. -- One question. Who determines what waterway is impaired? >> I think most of those are determined by DEP.
Okay. I have a suggestion. Why don't we postpone this until the second meeting in September and see what happens next see if there is any change -- see what happens? See if there is any change or we will be can -- included as an equal partner on this thing? I had not seen this list. I had assumed that our projects would be on the list when it came out. I didn't see this thing. I am really kind of surprised that they are not there. I think I can get them on there and get them ratcheted up to the position that they should be. But if we can't, if it is going to be one of those things that the people with the money -- the people with the legislative clout down in the southern end of the lagoon to the mid-part of the lagoon are the ones going -- who are going to get everything, then we are wasting our time. And we should know that fairly shortly.
Well there is a motion on the floor for the denial of the amendment and not to pay the $50,000.
I would ask though, if we go through that , whether that passes or not -- is that passes then we can make another motion to say we can postpone to make a decision on this matter until the decision -- until the second meeting in September.
Mr. Chairman, my motion. Mr. Patterson made the motion.
The motion has been restated by the spare -- chair. The motion belongs to the entire body to be defeated or whatever.
Okay.
Okay Mr. Lowry. You still have the floor.
Just a final comment. Maybe we have their attention, Mr. Daniels. I certainly made some comments at the meeting that went unanswered. My frustration was, because I asked the same question, why is there nothing on here from Volusia? No one could answer it or tell me where the list came from or how it is going to go forward. Is there another meeting between now and -- when do they meet again? Do they meet every month? >> Yes. It usually meets every month. It was meeting every two weeks. Whether or not they have a meeting is irrelevant. I will go up and meet on the -- meet with the people at St. John's. They are the ones who came up with this list. >> I have been told the next meeting is September 11, if that helps. >> Okay. Because I will say this. Through that whole process that I sat through before this, I was really impressed with Duane. With the did -- executive director that this collaborative hired. It is my understanding that Volusia County has good ties and relationships with him professionally . And he recognizes Volusia counties issues. -- Volusia County's issues.
We do have a good relationship with him . And another person we have good ties with is Henry Dean. And I think given time, we have the strings we can pull to get where we need to be. I understand the level of frustration on the part of the staff and on the part of the council, but I do think we can get there. We will either get there quickly or punt , shall we say.
Back up 10 yards and punt? >> Okay. Well we're going to go for the question then. The motion is to deny amendment to the estuary program local agreement and not pay the annual $50,000 cogitation amount. Seeing no further discussion, all those in favor please signify by aye.
I.
All those opposed. Aye. Mr. Patterson and Mr. Davis were for the motion. All others were opposed. Motion did not pass. We will enter another motion.
Doug, when is your next meeting?
11:00 is what I was told.
Okay. Which meeting did you want to put it on again? >> The last one in September would be good because then I will have time to talk to St. John's. And then I will have time to go through the meeting. -- To the meeting. By then I will have a good opportunity to understand where things sit. The Indian River Council is not really up and operating now. It is really St. John's that is running everything. The Council is not in control of anything right now. It is just getting organized. It just hired someone to be the Executive Director, which was the first step in getting it going. So this is not an Indian River Council document, and I hope not indicative of what it does. This is a St. Johns River water management District document.
We're still not on it.
I would say that St. John's has been moving away from and paying less attention to the lagoon system and those functions. That they are just waiting for the day that they dump it all on Indian River Council and they are done.
Exactly. Thank you.
Okay, Mr. Eckhard.
Mr. chair, with regard to the postponement of the issue.
[ Indiscernible - multiple speakers ] the motion had two parts. You could approve the amendment today, allowing the County to participate . And deferred payment -- consideration of payment to the 24th if that were your pleasure. >> I am sure the cities of Indian River would really appreciate us letting them do that.
We should just go ahead and prove their admission -- they only have one vote. It's not like we're getting watered down by admitting them. If the county ever comes in , the county has one vote. We probably ought to approve that Andy for the $50,000 to show our displeasure with the way things are net -- right now . And move on.
Is that emotion, Sir?
Yes or.
Okay the emotion is to accept the amendment to -- I am asking a question -- this is a motion to accept the amendment to the program Interlocal agreement, but withhold the $50,000 annual payment, is that correct?
Yes exactly.
I did that pretty good. And a second? Ms. Denys? So carried.
Yes Mr. Patterson, go right ahead. I knew you were going there.
I feel -- I know Mr. Daniels can be very convincing. You can go down there and talk to them. -- Him. I feel like you will get lipservice from him. If we really get anything out of him I will start believing in the Easter Bunny and to Sperry.
Return on Investment. We will get a report and see what happens.
Okay. >> Any further discussion?
Okay. The motion is to approve the amendment to the Indian River Lagoon program, but withhold the annual contribution of $50,000. All of those in favor please signify by saying aye.
Aye. >> All opposed. So carried, unanimous. >> Thank you, Ms. Denys. Item 35. You still have the floor. Ms. Denys. Item 35.
Thank you. The port orange traffic signal at Taylor Road and Crane Lakes . Can you talk to me about the traffic study that was there. That justifies that this is needed?
Let me back up. For a second so we're all clear. The request as I have understood this -- the original request came from the homeowners association in Crane flake. I think we need to sit down with them. They made the request, and that was from their residence , and it is our road. We did not have the money , and we did not -- we were not in the process of putting in this light at all. They requested it and if we go back, what we understood what we would do is work with them. But port orange is the one that officially had the -- that requested them. We don't take requests from H a ways. -- From homeowners -- homeowners associations. So we're acting as a conduit for this. We had to do a traffic study on this to see if it was warranted at all. That was done. That doesn't mean we were going to advocate for it that was asked to be done by port orange. I asked if someone from port orange could be here and no one could be here. >> So, talk to me about the traffic study? Did it justify it?
That is the question.
Good afternoon, chairman, councilmembers. I am a traffic engineer. We originally did a study in 2010 and at that time we said, based on the traffic volumes coming out of the residential subdivision , and the traffic on that road, that we would recommend a traffic signal. However, because it was a private subdivision in the city, we asked the homeowners Association and the city to work together to build the traffic signal, and at a certain point, the HOA came back to us, back to this esteemed body to ask that that traffic signal move forward. You asked us to do that. So we have an update -- we did an update to that study in 2014, which again, based on the traffic volumes coming out of the side street, out of the residential subdivision and on Taylor Road, it does meet all of the numbers -- the volumes of traffic we needed to justify the traffic signal. >> Let me be clear. The distinction that we have emphasized is that, while it is a county road, it is within the city jurisdiction. The need for the signal is for city residents. Our history with city -- certain cities is that they will defer people to the county because it is a county road. We have worked very hard to try to make this distinction. The request for the study came from the HOA. We did the study and that was it . The study says what it says, but if you want the light to be done, it must be done with city support. And financing. >> Right.
That is the position that came back to the County Council last year when the HOA came and said we would like the county again to do this. We sent them back to the city. We contacted the city and said, are you going to get behind this request? It was occurring simultaneously with the request over on Williamson. And in both cases we emphasized, the city needs to get behind these requests. Financially. And support their installation. And that is what brought us to today with this .
So let's be clear here. It was not wanted and -- if the city did not want it, we would not be doing it.
And this is really for clarification because there is going to be pushback on this when residents out there realize that the site is going up. The traffic pattern out there already on Taylor that cuts into done Lawton . I wanted this to go on record with the history and why this is occurring. But then I will make a motion to approve. Thank you.
Motion for approval. Second. Thank you, Ms. Cusack. Second.
-- Seconded.
I agree with Ms. Denys over there because my wife and I go to church across that bridge, and we go up and get on that trail. Once you get to Taylor Road where the old Publix is , it takes me 12 minutes to get over there and then it takes me 20 minutes to go from there over the bridge. The traffic is -- it is one light after another and people are getting crazy out there the way they are driving. There are so many traffic lights, they are just so frustrated. And going the other way. So it's amazing. There needs to be something done with the way the traffic flows. Whether the lights need to be better coordinated. You hit three lights just before you get to I-95. Three lights and you're not even underneath I-95. In the space of -- I don't know, I could run across.
Yes at the half a mile. >> The design of that intersection is crazy, cutting across -- you can get lost in that.
It's ridiculous.
That's not our issue. The issue is the agreement for the port orange traffic signal on County Road/ Taylor Road. Revenue from the city of Port Orange, $200,000. Motion for approval, the study seconded by Ms. Cusack . All those in favor, please signify by saying aye. All of post. And so carried unanimously. -- All opposed. And so carried unanimously. And now we will have a lunch in the training room. We will be in lunch recess to reconvene at 2:00. [The event is on lunch recess. The session will reconvene at 2:00 Eastern Standard Time. Captioner on stand by.]
[Captioners transitioning]
>>
If the cham betters could come to order. This is the afternoon session. August 20. We will start with our 2:00. Which is permit item 4 2. Request for permit to remove a historic tree in Deland. We have a staff report.
Kelley is going to handle this. After she gets done, she's going to walk through -- they have a resolution for this. I'll say it now. We are always looking for -- perfect example of where this has to come back to the council when I think if they -- if the staff had the authority on these things and they can negotiate something out, you're spending a lot of time on a historic tree, for example, and it just so happens it fits this meeting. If you work it out and two weeks to wait they have to bring to it you. That slows permitting. It can be handle by staff if they can work out agreement. When the business community is saying you need to move things along,s that perfect example. Here's the other thing. The reason they have worked out an grooej agreement fits what I asked them do is to find ways to make these things work. I really believe they should only come to you if we can't find a way that benefits all parties and protects the environment. This is a perfect example of regulation we have that slow it is process down. We may want to look at the way we change these things to the fact they negotiate a settlement to make it work it doesn't need to go to council. Speeds it up for everybody.
Kelley?
Ms. Cusack my sni in response to Mr. Dinneen how often does it happen? It detains us from moving along.
If your question is how long -- how often do we have historic trees? Every historic tree? No. The process? The typically adds a month to all processes. When you have a special exception that comes to council. Goes to PRDLC first. So those typically take another month to get to county council. Variances PRDLC makes the final decision. Those only come to you on appeal. We've gone back and forth on special exception. It depends on what council wants to see. Most special PRDLC a --
What I was going to suggestion is not I want to -- I want to bring suggestion sos you only deal with maybe there's a conflict rather than some cases when they come up in agreement so happens spends on meeting schedule you can lose a month.
Can agree with that. I just need to feel comfortable that I'm shot sharking the responsibility that we have delegated as elected officials.
Thank you. Ms. McGee you have the floor.
Thank you. I'm Kelli McGee director of growth and resource management. The ap can't today questions -- applicant requestions the removal of a tree on the east side of U -- and the south ied of Deland. The first that you saw was an image of the historic tree. That is found on 42-7. The second slide on 42-3. That is an example of where in the world it's Lowe located. Close to here. On the south side of town. The land development code as the county manager mentioned does require coat count approval to remove. There are two historic trees on site. 42-10 of your agenda item. In the agenda item before you staff included two recommended conditions that would fully protect the root zone of the remaining historic tree. If you can point to the historic tree that will remain. The original recommended conditions would ensure that enough specimen trees would retain to meet the code requirements. If you could point out the treat trooe to be removed? I'm pleased to say that staff and the applicant have worked very well together. The applicant has offered new conditions relative to the remaining historic tree as well as additional conditions to protect the root zone of the historic tree. What you're seeing here is the new plant. This isn't in your agenda. This reflects the agreement reached between the applicant and staff. For the tree remaining, if you could point that one out. That shows in red sort of the canopy of the tree. The agree circle is what we would typically ask to be preserved for the root zone to ensure the tree remains healthy in the future and isn't damaged by the proposed development. What the applicant has done they've proposed to reserve the area in yellow which will be patrolly -- approximately 60% of the root zone. In addition in order to compensate for the placement of the other historic tree is they're proposing protection a portion of the root zone of a historic tree not even on this property. They would be benefitting another historic tree off of this site. Exactly. So they've proposed a plan. If a -- a two page plan involves certified arborists coming in and air rating the roots and removing exotic plants, spooe-x species and providing replacement for tree loss and attempt to save approximately 75% of the root zone, what I'm calling the root zone of whatever specimen trees will remain as well as planti live oaks. What you have before you staff would recommend the approval of these conditions as opposed to the conditions we had originally in the agenda item. That concludes my staff report.
Any other staff reports snp okay. Mr. Ford. Did you fill out a yellow slip >>Ny of course he did.
Okay. Very well. State your name.
Alex Ford. I want to disclose I'm one of the property owners. The property where the historic tree sits is the property I own. To Ms. Cusack question and Mr. Dinneen remark. I have with me two engineers an arborist, environm specialist plus my -- and me. Not only the time delay but also the additional expense going through this. We've done a Power Point presentation of the added expense and I'm going to go through that quickly until somebody tells me to sit down and shut up at which point I do so.
Be careful.
I can make this go away really quick.
You could. [ Laughter ]
Was that a motion [ Laughter ]
Should I sit down? I've got one picture. I'll go quick.
No, I said please go ahead. [ Laughter ]
This is the site. If you're not familiar with it. The flea market. Home less camp. I'm waiting. Not a great place to begin with. As one of the property owners. The homeless camp is on my property and we've run those people off time and time again. There's a flea market. This is a property, I'm going to guess this is 2004. The whole thing flooded. The whole reason we had to remove the tree is because we have to elevate it. Furniture store. My homeless camp and journey junk yard to reremoved. I'm still waiting for a moengs.
I need to get recognized by the chair first.
Okay. I usually let the speaker speak.Al election if you would like someone to make a motion?
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