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HomeMy WebLinkAbout1993-11-10 - City Commission Workshop Meeting Minutesr CITY OF TAMARAC CITY COUNCIL WORKSHOP MEETING WEDNESDAY, NOVEMBER 10, 1993 CALL TO ORDER: Mayor Bender called this meeting to order on Wednesday, November 10, 1993 at 1.00 p.m. in Conference Room 01 of City Hall. PRESENT: Mayor H. Larry Bender Vice Mayor Irving Katz Councilman Norman Abramowitz Councilman Joseph Schreiber Councilman Henry Schumann ALSO PRESENT: Dina M. McDermott, Interim City Manager Mitchell S. Kraft, City Attorney Carol A. Evans, City Clerk Karen Jackson, Secretary ****************************************************************** Mayor Bender said the first Agenda Item to be discussed would be Item# 2 because many visitors were anxious to discuss the blasting issue. 2. DISCUSSION: regarding Pulte Homes blasting project on Land Section 8. (located on the northeast corner of Commercial Boulevard and Nob Hill Road). Ms. McDermott said Staff and Council received written reports concerning Item 2. She introduced Steve Feldman, President of Pulte Homes, who attended the meeting to make a presentation. Mayor Bender discussed the documents relating to this item and commented on the blasting issue as it relates to the report from City Engineer, Kline Jones. He directed Council's attention to Item #1, the analysis on page four and the statement which reads, "I do have some reservations concerning the items listed". C/M Schreiber said the public, particularly the people living in the developments adjacent to the area, are opposed to blasting because of the possible damages, the hazard to City water, sewer lines, lift stations, etc. He wanted to know if the job could be completed without blasting because in past years, Lennar developed throughout the area without any blasting. C/M Schreiber said he knows the Ordinance gives them permission for a permit but when no permit is issued, they must approach City Council. He said he is opposed to blasting because he believes the health, safety and welfare of the people in this community are paramount issues. Mayor Bender stated the Ordinance only addresses blasting in Section 7 and does not cover Section 8 so there would have to be a change in the Ordinance to issue a permit. A panel of representatives and consultants from Pulte Homes Corporation was introduced. Mayor Bender asked the panel to address the necessity of blasting. Steve Feldman told Council the most important reason for blasting is to expand the lake for surface water management and most of that expansion area is made of hard rock. He said he did not know if other builders did similar work without the blasting. C/M Abramowitz stated another developer excavated with equipment, removed dirt and enlarged the waterway to permit more drainage. City Council Workshop Meeting November 10, 1993 - TZ Page 2 I Mr. Feldman said they may not have had the same rock conditions as in Land Section 8. C/M Abramowitz asked if the rock could be removed with equipment instead of blasting. Mr. Feldman stated every alternative was investigated to create the community his company and the City envisioned in the most cost effective method, which is an integral consideration. Mr. Feldman said said another reason for blasting is to create sufficient on -site rock fill to raise the elevation to meet South Florida Water Management District requirements to avoid flood conditions. He said since all available alternatives have been explored his company does not believe any other method except blasting is feasible. C/M Schumann wanted to know if the piece of wooded property that is exactly north of the blast site is Pulte Home Corporation property. Mr. Feldman said that property is under contract and comprises Plum Bay and Plum Harbor, two areas that already received approval and are under contract. He said they did not know what to do with the large piles of debris and material since they were not allowed to burn. There -was discussion of the narrowest portion of the green strip on the map that was approximately 2,000 feet Jong. Ms. McDermott explained that the report is an update and a conclusion of Staff recommendation from last weeks report and is almost identical with the exception of a couple of changes. She pointed out that the specifics Staff requested are outlined on page six. Mayor Bender said that Mr. Jones indicated his reservations and recommendations in this report. V/M Katz noted that the water and sewer lines must be checked before and after blasting. He said he will be unprepared to vote until he reviews the report and requested Kline Jones join the meeting and comment regarding these items of concern. Mayor Bender discussed the comments Mr. Jones noted in his report regarding the damage that may surface at a later time. V/M Katz said the City has equipment they can use that will travel through the wastewater lines and film everything in the lines before and after a blast, but he did not know how long it would take to determine if there was a problem caused by blasting. The meeting recessed at 1:20 p.m. and reconvened at 1:25 p.m. with all present. C/M Abramowitz apologized for being late. He acknowledged everyone's involvement in the investigation of this issue and stated for the record he is as much against blasting as burning and he understood this issue would not come before the Council. He asked Attorney Kraft to comment. Attorney Kraft said an issue would only come before the Council if the Building Department requests a denial. C/M Abramowitz said permits from the City and the County are required and the County will only issue a permit after the City issues one which means they must meet all the criteria of the City before they approach the Chief Building official, who is the regulatory authority that issues the permit. C/M Abramowitz asked if the denies a permit based on the lack of criteria established does Pulte Homes Corporation have a right to a City Council Workshop Meeting November 10, 1993 - IZ Page 3 3 approach Council. Attorney Kraft said under Chapter 7-94 of Tamarac City Code, any person who is denied or refused a permit may appeal to the City Council by filing a written petition. C/M Abramowitz asked whether Pulte Home Corporation can bypass the City and go before the County Commission to secure a permit. Attorney Kraft said they could not blast with only a County permit and not a City permit. V/M Katz referred to consultant, James Sheely. Mr. Jones discussed the consulting company's report regarding detecting leaks in existing pipes and said the consultant has the equipment and knowledge necessary to follow the City sewer and water lines to locate leaks. He said the City has cameras but not the sophisticated equipment necessary to detect minute leaks in some of the City's larger lines. V/M Katz wanted to know if the City can count on the consultant's errors if the City discovers a problem several months later. Mr. Jones said any guarantees should be stipulated in the consultant's contract and Item c. on page three will be completed after blasting. There was discussion on how to determine who is liable for the costs incurred from leaks and problems after the final inspection and what period of time would apply to the liability issue. Mr. Jones said the liability issue would be negotiated in the specifications of the agreement and the City should maintain a reasonable posture. He said some problems may trace back several years but he did not feel the City should incur the cost. V/M Katz asked if there was a pre -blasting survey conducted with the residents for an inspection of their homes prior to blasting. Mr. Jones said this issue is being handled through the Building Department. C/M Abramowitz said many residents expressed their reluctance to have their home inspected and wanted to know what procedures the City would follow when a homeowner refuses inspection. Attorney Kraft said if the City is denied access to their home and later their home is damaged, the homeowner would have a more difficult burden showing the damage was caused by the explosive forces. He said it would be in the homeowner's interest to allow the survey to take place so any after -blasting damage can be directly linked to the blasting activity. C/M Abramowitz stated a permit cannot be issued without having home inspection. He wanted to know what happens if there is no inspection. Attorney Kraft said it is his understanding that the owner has to offer the home inspection but if the owner neglects to provide access with the idea being if access is denied the process will be held up, the City will still be able to go forward. C/M Schreiber referred to Mr. Jones' letter of November 8, 1993 to Jack McCartney concerning the City's blasting requirements and whether or not they were adequate to protect the existing utility lines surrounding the property. He said the City may encounter leaks at a later date and he recommended an alternative method. Mr. Jones said he asked Pulte Home Corporation to provide someone with expertise in the blasting area to answer the City's questions. He said the City should not spend any money unless it is economically City Council Workshop Meeting November 10, 1993 - IZ Page 4 beneficial and since this project is for Pulte Home Corporation's benefit, they should incur the cost for an outside independent engineer. C/M Abramowitz suggested that the City hire independent consultants and have Pulte Home Corporation pay for the consulting work. There was discussion regarding who would be responsible for the blasting side effects and any slight cracks that may appear in the piping several months after blasting. Attorney Kraft said the only way to ascertain if leaks were linked to the blasting would be a matter of proof and expert testimony. Ms. McDermott recommended a video be made before and after the blasting. v/M Katz said broken seams would not show on the video unless it was a very big leak and a possibility exists that later the City would have to incur a costly expense. C/M Abramowitz said if the City equipment that cost over $100,000 cannot detect a leak or crack the City made a bad purchase. He wanted to know if the City is doing everything scientifically possible to assess this blasting as posing a serious problem or if, in the event of a problem, the City will do everything necessary to substantiate a leak is a result of the blasting. Mayor Bender addressed the information in item 3 on page six where Mr. Jones mentions that a written agreement should be executed by Pulte Homes containing an acknowledged understanding that delayed damage can occur to the underground utilities and that Pulte Homes will be responsible for correction, etc. He said he recognizes this possibility and wanted to know who would be responsible for expenses incurred from delayed leakage. Ms. McDermott said the Pulte Homes Corporation engineers could address their experiences. Mr. Jones said if blasting occurs, he recommends Staff help to write an agreement with parameters that establish the guidelines to be followed. Mayor Bender said the responsibility and liability need to be identified also. C/M Schumann asked who established the particle velocity standards. Joseph Shinko, Geosonics, Inc., said the particle velocity limitations are according to the Broward County Ordinance at .5 inches per second. George Maurer of Broward County Blasting, said the County has adopted the State criteria Codes for the use of explosives and the City of Tamarac has adopted these County Codes with some administrative guidelines. He said the County uses background information from the U.S. Bureau of Mines, who conducts worldwide studies and has 75 years of experience. Mr. Maurer stated the County took their information and reduced it to be a safer level than what the Bureau of Mines recommends for thresholds of cosmetic damages. C/M Abramowitz asked if there were different size components of a blast. Mr. Maurer said explosions allowed certain parameters for specific areas geographically in proximity to structures and would be on a table of distance regarding the safe amount of explosives to use. He said there is a specific amount based on the proximity of homes and commercial buildings but Pulte Homes Corporation plans on using them properly and wanted to dispel thoughts of them pulverizing rock because the procedure is supposed to fracture the rock for City Council Workshop Meeting November 10, 1993 - IZ Page 5 equipment known to be used in this area. Mr. Maurer said the explosive used in this section would be a packaged product, not dynamite, and is a component from materials that cause intense heat when confined in a hole. He said it will cause the expansion of the gases from that heat to create an explosion which fractures the rock. Mr. Maurer said they use only enough explosives to minimally create an energy loss outside the field of the particular pattern drilled causing a fracture within the parameters of the hole and use all that energy within the pattern drilled. He stated vibrations that exceed beyond that pattern will not be enough to cause any structural damage. Mr. Maurer gave an overview of his experiences in blasting as it related to vibration in surrounding properties and gave examples of jobs that were done within the limits of Ft. Lauderdale, Hollywood and other cities, many within eight to fifteen feet of other buildings. He said they set charges next to bridges that did not crack and the cross pipes did not receive damage. He stated he is present for all blastings. There was discussion on what safeguards to use to prevent damage - a sizemologist, special equipment, cross checking and monitoring of readings to insure safety and accuracy. ' Mayor Bender referred to the map containing a red line perimeter of where the shock waves will occur. He said he was concerned about the water and sewer pipes located close to the water area and asked Mr. Jones to point out these pipes on the map. Mr. Jones explained the location of the pipes and pointed out the area of blasting is before the location of homes. Mayor Bender said he was specifically concerned about the area between the blasting area and the homes. He said if restrictive blasting is used, the vibrations will hit the pipes before they reach the house. Mr. Jones referred to a letter he received dated November 4, 1993 from Geosonics wherein they set forth different criteria and the areas they expect breakage or cracks to occur with specific types of products. He said the product used will take thirty inches to crack based on their tests. C/M Schreiber stated that the City's Code for velocity calls for anything in excess of 1.92 and Mr. Jones was saying the Bureau guidelines only call for 1.50 or less. Mr. Jones explained that the Broward County Codes say 1.92 is an acceptable limit but the Code amended the ordinance to include the reduction down to .50. For clarification purposes, the pink line is the inspection radius based on the pounds per delay of explosives they want to use, and the orange line is the half -mile notification radius which is required by Broward County. Mayor Bender said that in view of the fact the City has a number of representatives from the various associations in the area, he wanted them to express their concerns. A representative from Northwest Broward Coalition questioned the engineers of Pulte Home Corporation on the causes of sink holes. He said after researching the topic he found that they are caused by the erosion of earth underneath the top layers of silt with rock formations. He stated that due to rain and storms the earth is eroded and the rocks or silt move and shift their positions creating a vacuum. He said in central Florida there have been instances where homes have sunk due to this process. He stated his concern with long City Council November 10, Page 6 Workshop Meeting 1993 - IZ range effect and create a holes in the and that this blasting situation that will have near or distant future. Some local association representatives regard to the damages the blasting technical questions relating to the presented. Of particular interest to of the technical data relating to the the blasting. will shift the logical stature long term effects creating sink presented their concerns with could cause and raised many scientific studies and reports the residents was the absence underground activity caused by Another issue raised was the sequence of procedures following the blasting. They said the data indicates that after blasting a damage check will be conducted and then Geosonics and the insurance carrier will determine if the claim will be paid so Geosonics will be responsible for the final determination of liability for damages incurred as a result of their blasting. Discussion was held concerning who would be responsible for the pre- testing and after -testing. C/M Abramowitz suggested the issue be added to the Agenda for tonight's meeting. Mayor Bender said the issue can be added but an opportunity exists now for discussion during public participation. A local resident said it appears the City Code for the blasting section was written in 1975 when the area was all forest land with little population and there were only a few people living near a blasting area. He said regardless of how much blasting takes place, no one knows what the impact of the blasting will be. C/M Abramowitz said he brought this issue to Council's attention and from the very beginning, he wanted this issue pulled out of the political arena and into a sensible and factual arena. He said this is not an issue for Council and he received many calls from people advising him they were told to attend the meeting tonight because the blasting issue was on the Agenda. C/M Abramowitz stated the blasting issue was not on the Agenda and could never be placed on the Agenda unless it was rejected, because then a petitioner has the right to appear before the Council. He stated that during public participation anything can be discussed; however, there are people attending this meeting tonight that will be upset because this topic is not scheduled for discussion. Mayor Bender said he called this Workshop because it would provide an opportunity to discuss the problems associated with this issue. He said it cannot come before Council because Council requires action and no action can be taken until a permit is issued. Mayor Bender said the purpose of this discussion was to gain insight on the City, the builders and the Engineering Department's perspectives so everyone could form their own opinions from the information and to clear any unanswered questions. There was discussion regarding the history of measurement of the sizemic activity that registers on the equipment. A discussion concerning the inability to predetermine the extent of damages from blasting was held. The main concern of the residents was the possibility of their homes being damaged. A resident wanted to know if the blasting issue would be approved or disapproved at this meeting and if not, when. Mayor Bender explained that this meeting is a workshop for discussion only, not action. A resident said homeowners should not be contacted concerning the blasting until a permit is issued because a survey, which has not been conducted yet, must preceed a permit. 1 City Council Workshop Meeting November 10, 1993 - 1Z Page 7 Broward County's pre -survey activity is anticipated and discussed. requirements as to location, what the reason for the blasting was A resident stated that he was told the Code relating to this issue was written in 1975 and, at that time, a Councilman protested and a permit was not granted by the City to allow blasting. He said this same problem may occur again and he wanted to know why Council would not delete the blasting provision from the City Code. Mayor Bender closed further discussion on this subject from the public and explained that a Workshop meeting is for discussion and expression of opinion based upon the knowledge available for the purpose of exchanging ideas and acting accordingly. 1. DISCUSSION regarding departmental organizational structuring and staffing. Mayor Bender said this item was placed on the Agenda to examine the present departmental organization structure and staffing and asked Council to comment regarding several positions. Mayor Bender questioned the necessity to fill some vacant positions in departments where there are capable Department Heads that report directly to the City Manager. He said he was concerned about the Director of Public Works and Director of Planning positions and asked Council to review these vacancies further. V/M Katz said the City could post and fill the Community Development Director position until the City decides whether or not to eliminate the position. V/M Katz said a new organizational chart will be made to reflect the new structure, if necessary. C/M Abramowitz said saving money and cutting salaries would be advantageous to the City. He said temporary appointments of these positions with title changes, if necessary, could be made in accordance with the organizational structure. C/M Schumann said Department Heads should report directly to the City Manager because a Director of many departments stifles growth. The differences between a Planning Director and Community Development Director was discussed. Ms. McDermott said Community Development was established as a Division over Planning, Building, Code Enforcement, Economic Development and other growth -oriented activities but has not functioned in that regard. Mayor Bender said the City would function better if the directorship assembled by the former City Manager was disassembled. There was discussion on what changes could be made to the organizational structure. C/M Schreiber said the City needs a Planning Director. Ms. McDermott said the recent changes in personnel have prompted Council to consider downsizing the City. She said she reviewed the functions and requirements of the City Manager and wanted to define clear lines of authority in departments. She stated some departments are realigning their duties because all the Divisional Directors left the City. Ms. McDermott said she downsized the position of Community Development Director to Planning Director in accordance with the City's needs and requirements. J City Council Workshop Meeting November 10, 1993 - IZ Page 8 Ms. McDermott stated with all Divisional Directors and Department Directors gone she has an absence of accountability and responsibility. She stated the City has people in leadership but with no authority to take action and the City needs to control the work more. Ms. McDermott stated the downsizing of the position to Planning Director in the Community Development Department may necessitate revising the Code to eliminate the Community Development Director position. Ms. McDermott said she posted this position for five days in-house to examine in-house candidates before advertising. There was discussion on the legal ramifications associated with hiring and posting positions in-house prior to advertising. Attorney Kraft said union positions are approached differently and to contact the Personnel Director concerning the City's policies for hiring. C/M Abramowitz said the City advertised in recent years even when there were qualified in-house candidates for certain positions. Attorney Kraft said there are no State laws governing the issue but there are provisions in the City Code. He said the recruitment process should be governed by existing City policy. Ms. McDermott said Article 5.4 of the City Charter states the City Manager has the power and duties to appoint and supervise the Heads of all departments and Assistant City Manager but the City Manager shall direct and supervise the administration of all departments. She said the City does not have people in departments with authority or responsibility to accomplish the work that needs to be done. She stated one primary and paramount example is the absence of a Finance Director from which to obtain solid judgment and recommendations. Ms. McDermott said the City traditionally posts all positions in- house for five days to provide notice to all employees. Larry DuPre, Personnel Director, said current City policy is not State law and much of the policy is not governed by contract. He said a policy to interview every candidate that applies for a position is a waste of time for everyone involved in the hiring process because not all candidates will be qualified. Mr. DuPre said current policies for hiring temporary employees should be discontinued and a new method to secure a more qualified candidate and save the City money should be implemented. Mr. DuPre said the City should allow Ms. McDermott to pursue investigating with the Personnel Manager downsizing the City. Ms. McDermott said she appointed Mike Vonder Meulen Acting Director of Planning and said consistency within the City should be implemented to ensure long term support. She stated the Risk Manager position was vacated today and the same time last year the City was looking for a Risk Manager. She said she does not have anyone in house to manage Risk Management or Finance and the Public Service Department's requirements need to be addressed. Ms. McDermott said the City cannot operate with consistency, authority, responsibility and accountability with these key positions vacant. She said these vacancies have created a desperate condition. Mayor Bender said the organizational structure can be changed to reflect the decisions made through these discussions. Attorney Kraft said the City Charter states the City Manager appoints and supervises and the Council is involved only subject to the approval of the majority of the Council. There was discussion on what procedures were followed in the hiring 1 I I City Council workshop Meeting November 10, 1993 - TZ Page 9 of the Personnel Director. Mr. DuPre said one of the candidates for the Planning Director may be a minority female with a Masters Degree and one may be a white male without a Masters Degree but very qualified according to the job description. Mr. DuPre said the job description reflected exactly the qualifications, like a mandatory Masters Degree, and experience Ms. Kelly felt was necessary. He said the City must be careful because at a later date the Equal Employment Opportunity Commission could say the City changed the requirement of a mandatory Masters Degree so the City could elect a white male over a minority female. Mr. DuPre stated if that happens, the City could face front and punitive damages that could be tripled if they believe there was deliberate intent. He said a Federal charge could be very expensive and he implored the Council to avoid intimate involvement in writing qualifications unless they were very secure in their ability to do so. He said the City has experts with knowledge of these laws. Mayor Bender said some of the City's job descriptions have standard forms and the City can select one form to comply with the City's requirements. Ms. McDermott said she and Mr. DuPre spent many hours reviewing other Planning Director job applications and other trends in this County x but they were administrative duties. She said it was important for Council to trust her and Mr. DuPre through the completion of the open positions issue. She said she is familiar with the industry standards for these positions because she has over fifteen years experience in government and Mr. DuPre is an expert in Personnel. Mayor Bender said the City should not write job descriptions curtailed to a specific individual. He said some revisions can be justified in court if necessary because the standard form was not manufactured by the City. C/M Schreiber wanted to know if hiring a Planning Director instead of a Community Development Director based on the rewritten job description would eliminate exposure to the City and Council. Ms. McDermott said the new job description would be defensible in court. She said because thousands of homes will be built in the next few years the City needs a Planning Director. Attorney Kraft said the application is currently open and there will be more than one applicant. He said the Administration is not predisposed to any one applicant because the screening process will include an oral Board interview. C/M Abramowitz said he would like the City to approach the Council with details, suggestions and reasons for implementing a new approach so they can provide helpful direction instead of holding too many workshops. Ms. McDermott said the City needs a Planning Director, Financial Director, Social Services Coordinator and a Risk Manager. She said some of these positions will require several months for placement. There was discussion on Ms. McDermott's draft Staff Report that addressed the issues associated with the position vacancies and her recommendations for filling these positions. Mr. DuPre said he arranged for an EEOC representative to act on the City's Oral Panel and for two planning experts outside the City to review and make recommendations to make sure the City is not tainted in the selection process. He said this method would prevent the City from receiving an allegation that the City was biased or had a pre- conceived idea of who should fill the position. J City Council Workshop Meeting November 10, 1993 - IZ Page 10 Mr. DuPre stated a demographically gender balanced panel and someone to monitor the EEOC's compliance will be used to make a recommendation. He said if in the opinion of the panel there is no inside candidate to fill this job, the City will proceed to recruit immediately. Ms. McDermott said the City was not successful in recruiting an applicant through advertising for the Social Services Coordinator Staff position. She said because of the in-house transitional period there will be several in-house applicants that may meet the minimum requirements. Ms. McDermott said she re -assigned duties to include greater responsibilities in autonomy by individuals and Operations Managers in the following positions: The responsibilities and duties for Vernon Hargrave, Public Services Operations Manager, are Utilities and Engineering; Alan Levine, Public Works Operations Manager, will be in charge of Public Works and Fleet; and Ed Doyle, Recreation Operations Manager, will be in charge of Recreation and social Services. Ms. McDermott said all of these individuals are working diligently to provide consistency and continuity of services, however, it is more appropriate to place one individual in an acting capacity to handle Public Services Operations as a whole. Ms. McDermott said she understands the concerns with the Division but accountability is easier when one person is in charge. She said these Divisions have several million dollar projects in addition to general projects, stormwater management, maintenance and other activities. She stated to implement the proper chain of command it is crucial for one person to have the ultimate accountable responsibility and decision making capability to carry out and coordinate all the required divisions. Ms. McDermott said in order to maintain control of City services and to continue operating efficiently, the City must proceed to fill all of the vacancies within the departments. Ms. McDermott said Council is not comfortable with the Director of Public Services and Assistant City Manager situation and she understands Council's concern with the Division Head issue. Ms. McDermott stated she has 185 people in a dozen divisions reporting to three people that report directly to herself. She said those people are exchanging ideas in a team approach and are working well together but they are Operations Managers, not Department Directors. She stated although some never had this capability before and some have experience, her coaching will help to establish some as supervisors. The experience and exposure of these individuals was discussed further. There was discussion concerning directing Ms. McDermott to proceed with her proposal to fill these positions. Ms. McDermott said the actual duties, responsibilites and salaries of the individuals in the test mode in Public Services may need to be readdressed later. Mr. DuPre said several months ago he made a classification and pay study recommendation to the City Manager. He said because the salaries for 14 Administrative Secretaries are all different the City's current system is not legally defensible. Mr. DuPre stated one day a charge will be made because the City is not paying the same compensation to people who do identical work. He stated the charge will probably be from someone over 40, a minority or from some other protected job class. He stated the new classification and pay study will not increase the end salary cost 1 City Council Workshop Meeting November 10, 1993 - IZ Page 11 F1 N and will be legally defensible if implemented. Ms. McDermott said she will proceed to prepare for bid when Council gives direction. She stated a finalized report of the draft will be provided. With no further business, Mayor Bender ADJOURNED the meeting at 3:05 P.M. 11112 CAROL A. EVANS, CMC CITY CLERK I� 1