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HomeMy WebLinkAbout03/10/1990 RECORD OF PROCEEDINGS Dublin Cit Council S ecial Meetin Minutes of y P g Meeting DAYT N LEGAL BLANK CO., FORM NO. 10148 Held March l0, 1990 19 Mayor Rozanski called the Special Meeting of Dublin .City Council to order at 9:00 A.M. on Saturday, March 19, 1990. Mr. Sutphen led the Pledge of Allegiance. Members of Council present were: Mr. Amorose, Mr. Campbell, Mrs. King, Ms. Maurer, Mayor Rozanski, Mr. Strip, and Mr. Sutphen. Mr. Hansley, City Manager, Mr. Stephen Smith, Law Director, and Mr. Mitchell Banchefsky, Assistant Law Director were also present as were the following members of staff: Mr. Bowman, Ms. Clarke, Mr. Foegler, Ms. Grigsby, Mr. Harding, Mr. Johnson, Mr. Jones, Mr. Mack, Mrs. Metz and Mr. Willis. Mayor Rozanski said that the purpose of the meeting was to discuss what had transpired within the last couple of days, the sewer connection ban, and turned the meeting over to Mr. Smith, Law Director. Mr. Smith presented the following background information and comments: 1. On Wednesday, March 7, 1990, at approximately 12:00 noon he received a call from staff indicating that Mr. Richard Shank, the Director of the EPA, had issued a standard connection ban on that part of the City of Dublin served by the pumping station at Short/Karrer Place in Dublin. 2. Immediately spoke with Mr. Hansley, City Manager, who was at an annual staff retreat, and also spoke with, and met with, Mr. William Brown and Mr. Michael Zatezalo to attempt to react to the order. ~ 3. There are some gray areas in the order which staff will discuss with representatives of the EPA the first of the week. 4. Read the Order from the EPA (copy attached). S. Paragraph 1 indicates that the ban is on the City of Dublin and other areas served by Dublin's station. At Tuttle Crossing, Mr. Edwards' development, three of the four quadrants are served by Dublin's pump station, but only one of the quadrants is in Dublin, two are in the City of Columbus. 6. There is nothing in the Order preventing Dublin from issuing building permits, either commercial or residential. 7. When the EPA came on site Wednesday to the Building Department, they indicated the Building/Engineering Department that there would be no permits issued, and the City agreed with the assessment until Mr. Brown and Mr. Zatezalo have an opportunity to discuss that issue with the EPA. Mr. Hansley's comments were as follows: 1. It has never been the City's policy to pay fines and dump sewerage in the river. 2. Council has taken a strong stand in trying to remedy the situation. 3. Since 1987 Council has authorized the expenditure of over a half million dollars to be spent on manhole rehabilitation. 4. An engineering survey prior to 1987 showed that that would be a likely source of a major portion of the Inflow/Infiltration problem. 5. Since that did not produce a major reduction in the I & I problem, Council authorized the money to be spent to more than triple the capacity of the lift station to allow for the peak rainfall flow; costing approximately $250,000.00. 6. Hired a firm to find the I & I problem, first using flow metering and then smoke testing. 7. It takes a relatively long time to do that type of testing, requiring rainy days to find the flow and dry days to smoke test. 8. Before the ban was issued Council informally authorized staff to locate a T.V. monitoring camera system and to purchase same. 9. Mr. Terry Foegler, Development Director, will coordinate, on an emergency basis, finding a solution to the I & I problem as well as the capacity problems at the lift station. RECORD OF PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting DAY70N LEGAL BLANK CO. FORM NO. 10148 Held March 10, 1990 19 Page Two ~ Mr. Foegler commented as follows: 1. The first effort will be to provide an overall strategy to resolve the I & I problem. 2. The things done to date have not produced the kind of results that the City had hoped that the engineering studies suggested they might. 3. Have started a search to identify the type of engineering firms that have a high level of expertise in this area, even firms on a national level, as well as those competent to do these kinds of things locally. 4. Have begun to schedule interviews for those firms and will probably be retaining a firm by the middle of next week. 5. This firm would also help to provide the technical guidance to the Maintenance Division, implementing the video program so that the proper information is retained and recorded. 6. Must begin looking at the design of the pump station, proceeding with the design for a line across the river. 7. Hopefully the solution on the inflow will be identified before the construction, if it is not the option, of the line across the river can proceed. 8. Want to be sure that approval from the Corps of Engineers and the OEPA is expedited. 9. Recommended that staff be authorized to proceed with the hiring of three sewer maintenance workers as well as the purchase of the .elements of the video sewer inspection program - the truck, the camera, equipment for the truck, etc. as well as getting staff trained properly as regards safe operation. 10. Staff and equipment should be on line in two to three weeks. 11. City needs to cooperate fully with all private efforts that are being initiated to resolve the problem. 12. It will be a coordinated strategy for a solution, working with the private sector that is truly affected. 13. Staff will be contacting weekly and developing relationships with the OEPA staff to keep them fully informed, keeping the lines of communication open. 14. Will also accept the responsibility of keeping Council, the public, the development community, etc. fully informed. 15. The engineering services may not be done by one firm. If the services are done by more than one firm these services will be managed and coordinated by staff. Mrs. King had questions regarding the additional line across the river - the approximate cost, how long construction will take, etc. Mr. Foegler said that he could not estimate the cost at the present time. He noted that the engineering for certain parts of the project have been done and that his hope was that the design and permitting could be done in a matter of several months, doing the construction within another two to three month period, making five to six months a fairly realistic time frame for the project. Mr. Foegler said that he had not discussed the issue of the line across the river with the City of Columbus, noting that information regarding the capacity level of the line on the east side of the river is not known. Mr. Hansley said that Columbus officially told the EPA about a year ago that the line was at approximately 40% capacity at normal flow but that Dublin does not know the line capacity at peak flow. Mrs. King commented that Mr. Foegler had identified a rather large undertaking - finding an I & I source, adding lines across the river, expanding the pump station capacity as well as having a video camera project on line, and wondered if the City had sufficient staff to handle the task. RECORD OF PROCEEDINGS Minutes Of Dublin City Council Special Meeting Meeting OAY'TON LEGAL BLANK CO., FORM NO. 10148 Held March 10, 1990 19 Page Three Mr. Foegler said that his primary job at the present time would be to manage the project, bringing in staff resources as needed, expressing confidence that staff can manage. Mr. Hansley commented that should the I & I major sources be found, that there will be major funding implications for the community in order to correct the problem. Mrs. King said that she wanted persons notified very quickly once a problem has been identified on their property. Mr. Foegler said that he felt that Mr. Johnson's memo addressed that issue very well - the need to notify the public, that the truck will be appropriately marked, that there will be people at the front of the job, etc. Mayor Rozanski said that he thought that a number of concerns expressed by Mr. Johnson with regard to his crews can be worked out by the legal staff. Mr. Smith said that he and his staff were working on the legal issues. Mrs. King asked if there was a figure for the total cost to the City for trying to solve the problem - money spent thus far. Mr. Hansley said that it would be well over a million dollars - $500,000 for the sanitary sewer manhole rehabilitation program; $250,000 for the lift station capacity changes as well as legal fees, saying that he would provide a breakdown of figures for Council. Mr. Campbell commended staff for a quick response to a monumental problem. He recalled that at Executive Session the previous Monday, before the ban, that Council had authorized staff to take whatever measures were needed to get the job done. Mr. Campbell asked about the identification of the source of funds, noting that he had noted in the budget 4.3 million dollars of unencumbered funds. Mr. Hansley said that once the monies in the Sewer Fund were depleted that staff would recommend to Council that Council defer some other budget capital improvement or go against an unappropriated amount in the Capital Improvement Fund. Mr. Hansley also said that at some point staff will probably be recommendin to Council legislation that will do two things - raise the tap fee when development is allowed to continue, and also to raise the surcharge fee. Ms. Maurer expressed appreciation to staff for all of their hard work in the last several days. She wondered whether the City should be "starting from scratch" by training City staff when there are firms and people in the private sector who already have the necessary expertise. Ms. Maurer recommended that Council should immediately require the use of PVC pipe._ She also suggested, as a result of discussions with persons involved in excavation, that the City look at the way in which the City * repairs manhole covers so that they have more flexibility and less tendency to crack. Inr Ms. Maurer also said that she had been told that one of the reasons problems have occurred is because the City has not had an inspector on a particular job full-time; that perhaps contractors were not providing for insulation within the line, inadequate connections and that they also may not be putting in the correct amount of gravel around every line. She also suggested that the manhole rehabilitation project be started again. RECORD OF PROCEEDINGS Minutes Of Dublin City Council Special Meeting Meeting DAYTON LEGAL BLANK CO., FORM NO. 10148 Held March 10, 1990 19 Page Four Ms. Maurer expressed a concern in that she felt that Mr. Foegler had other job responsibilities in coordinating the activities of the Engineering and Planning Departments, and suggested hiring a project manager to focus on the sewer matter, someone with a practical knowledge of sewers, water, etc. to work on all the issues, and that the City might be further along in a shorter period of time then if the City were to hire a major engineering firm. Ms. Maurer said that another issue that may require legislation is what would happen if it were found that a homeowner has a pipe in their yard, leaking badly, getting a lot of inflow, perhaps from a sinkhole. She asked if there was legislation in place that would allow the City to require the homeowner to do the reconstruction or allow the City to do the reconstruction if the homeowner either would not or could not afford to make the required repairs. Ms. Maurer said that she thought that the right things were being done but that it might be done more quickly if organized and approached in a different manner. Mrs. King said that she felt that there needed to be a sense of Council regarding some of Ms. Maurer's suggestions - requiring the use of PVC pipe, "picking up" the manhole rehabilitation project, etc. Mayor Rozanski said that he felt that a recommendation regarding PVC pipe for sewers should come from those qualified to make a recommendation. Mr. Campbell said that he felt that that was a matter for legislation and that if someone felt that that was an appropriate recommendation, they could bring in the proper legislation and have it voted on. Mr. Foegler responded to the issue of outside contracting of the video service versus in-house by saying that the City has approximately 120 miles of sewer and that it should be kept in house in order to have an ongoing maintenance program. Mr. Johnson said that on a good day approximately 800 to 1000 feet of sewer could be videotaped, but that on some days it might be less than 200 feet. Mr. Foegler said that if additional expertise is required to handle some of the problems that the addition of those persons will be recommended to Council. Mr. Foegler also said that he has had management experience, major projects in both the public and private sector in Ohio, as well as around the country. With regard to issues of materials, inspectors, the PVC pipe issue, Mr. Foegler said that those concerns had been raised to him also, and that those issues will be investigated and studied and after same, recommenda- tions will be made to Council. It was noted that 2500 manholes were inspected and that approximately 400 to 500 had serious improvements made to them. It was also noted that I & I is a very difficult problem to solve. With regard to hiring a national firm. Mr. Foegler said that that firm's ability to commit resources, manpower and to be responsive would be major factors in the assessment of any firm as well as the consideration of a unique national expertise. Regarding notification of individual homeowners about a problem, it was stated that the intent would be to notify homeowners about improper connections or other problems, give them a reasonable period of time in which to make the disconnection or correct the problem, and if they do not, then the City will take additional action. RECORD OF PROCEEDINGS Minutes Of Dublin City Council Special Meeting Meeting DAYTON LEGAL BLANK CO.. FOftM NO. 10148 Held March 10, 1990 19 Page Five Mr. Smith told ms. Maurer that his office has been consulting with Mr. Bown and other staff of his office as well as attorneys throughout Central Ohio and the State of Ohio regarding the legal issues involved and that his office would provide Council members with biweekly updates. Mr. Strip suggested setting up a small contingency fund so that if the City Manager deemed that a certain piece of equipment was required that he would be able to purchase same. Mr. Smith said that he felt that the City has sufficient unencumbered funds and various other budgeted funds that staff could use for emergency use. Major expenditures, of course, would come to Council for approval. Mr. Ted Lenker, associated with Muirfield since 1974, suggested that the City assign one person to be the source of information to the public, the media, etc., and that the City's plans to solve the problem be relayed on a daily, weekly basis to those persons interested and affected. Mr. Smith said that the legal questions were being forwarded to Mr. Brown and his staff but that media calls were being directed to Mr. Foegler, and that Mr. Hansley perhaps might have a weekly article in the newspaper as well as reporting weekly progress at Council meetings. Ms. Maurer said that she had talked with Mr. Howard Adams who was involved when Muirfield and the City put the first line across the river, and according to Mr. Adams, the line had to be put in in the fall, the dry season; a temporary dam had to be built to make one half of the river dry while the other half was worked on and then the process was reversed. Ms. Maurer also said that during the last recent election period that people told her that the east bank sewer was almost full, and said that if it is full then would not the Hilliard and Columbus pumps further down the river also be affected. She also suggested that perhaps a hookup to Hayden Run might also be considered as well as the possibility of the sewerline along Dublin Road which could be done more quickly and more cheaply. Mr. Foegler said that each and every possible option was being examined and considered. It was stated that after a period of orientation and transition that the new Public Information Officer would be responsible for the release of information. Ordinance No: 21-90 - Ordinance Authorizing Three New Maintenance Worker Positions. First Reading. Ms. Maurer moved to place Ordinance No. 21-90 and Ordinance No. 22-90 on the agenda. Mrs. King seconded the motion. Vote - Mr. Sutphen, yes; Mr. Amorose, yes; Mrs. King, yes; Mr. Campbell, yes; Ms. Maurer, yes; Mayor Rozanski, yes; Mr. Strip, yes. Mr. Amorose introduced Ordinance No. 21-90. jy~,~ Mr. Strip moved to waive the three time reading rule and treat as an emergency. Mr. Sutphen seconded the motion. Vote - Mrs. King, yes; Mr. Amorose, yes; Mr. Strip, yes; Ms. Maurer, yes; Mr. Sutphen, yes; Mr. Campbell, yes; Mayor Rozanski, yes. Vote on the Ordinance - Mr. Amorose, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mayor Rozanski, yes; Mrs. King, yes; Ms. Maurer, yes; Mr. Campbell, yes. RECORD OF PROCEEDINGS Minutes Of Dublin City Council Special Meeting Meeting DAYTON LEGAL BLANK CO.. FORM N0. 10148 Helu March 10, 1990 19 Page Six Ordinance No. 22-90 - Ordinance Authorizing the Purchase of Sewer Inspection and Other Required Equipment. First Reading. Mr. Sutphen introduced the Ordinance. At the request of Mrs. Metz, Finance Director, Ms. Maurer moved to amend the Ordinance - Section 2. of the Ordinance should read as follows: "That there be appropriated from the unappropriated balance in the CAPITAL IMPROVEMENT TAX FUND the sum of $90,000.00 to Account D10-07-7A-250I". Mr. Sutphen seconded the motion. Vote on the motion to amend - Mr. Campbell, yes; Mayor Rozanski, yes; Mr. Amorose, yes; Ms. Maurer, yes; Mr. Sutphen, yes; Mrs. King, yes; Mr. Strip, yes. Mr. Strip moved to waive the three time reading rule and treat as an emergency. Ms. Maurer seconded the motion. Vote - Mr. Amorose, yes; Mr. Strip, yes; Mr. Campbell, yes; Mrs. King, yes; Mr. Sutphen, yes; Ms. Maurer, yes; Mayor Rozanski, yes. Vote on Ordinance - Mrs. King, yes; Mr. Campbell, yes; Mr. Strip, yes; Mayor Rozanski, yes; Ms. Maurer, yes; Mr. Sutphen, yes; Mr. Amorose, yes. A gentleman from Dublin Technical Systems suggested the possibility of a holding or expansion tank being built next to the lift station, which would be kind of a catch basin for the overflow. Mayor Rozanski suggested that the gentleman get together with Mr. Foegler to discuss the possibility.. At 10:20 A.M. Mr. Amorose moved to adjourn to Executive Session to discuss pending litigation. Mr. Strip seconded the motion. Vote - Mr. Amorose, yes; Mr. Campbell, yes; Mrs. King, yes; Ms. Maurer, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Sutphen, yes. Council did not reconvene into regular session. or - P esi g Officer C erk of Coun it