Public Infrastructure Committee - Regular Meeting

All right, call the meeting to order. We have one item, determination of bond for blasting permit. In all my years, I've never seen this. Yeah, I've never seen this, I don't think. So go ahead, whoever wants to explain this. Yes, sir.

Thank you, Mayor. So we had a request that came in for kind of blasting. It certainly fits underneath our code. We have a code 6090, blasting. And the reason we're here today at Board of Public Works is because not only is a permit required, which fire handles an inspection that goes along with that permit, A bond has to be set by the Board of Public Works. That is right in our code. We have to set a bond between zero and who knows how much. The request has come from Allen Winchester. They would like to now detonate a 45-pound keg of slow-burning smokeless propellant, along with a 45-pound keg of fast-burning propellant, and keeping the... detention to 1,000 small pistol primers. This is something that they do all over the country at their plants to sort of demonstrate for their workers what can possibly go wrong. how fast this happens if you're not vigilant it's it's supposedly a very effective demonstration because we don't have a lot of blasting done in the city this has never come up but now we have a new business owner in town that makes ammunition and they want to they would like to do this chief has been on this they planned on doing this in a week they hadn't given the city notice they sort of said hey What's the status? And Chief said, I didn't know anything about this. And they realized, oh, shoot, we were supposed to ask you. Long story short, we fast-tracked this to try to get it done so they could meet their schedule.

You should be able to hear me, right? Oh, okay, gotcha. So my thoughts were, yeah, this was a very unusual request and it came through and I've never heard of it either, so I started searching our municipal code and worked with Attorney Nitsch here and this little section of blasting seemed to fit. Initially what they were requesting was, to me, appeared to be a significant amount more of material. This is what was sent to me yesterday and what they want to do So we worked of course it says get a permit by the fire chief so we worked I got the permit squared away and now because of this language in the ordinance about the bonding That's why we're all here in speaking with the maintenance person that Sent me that this sounds like a reasonable request and doesn't appear to be It's always dangerous when you're blasting, but from what they're requesting to do, where they're located, appear to be dangerous by getting the permit that we have here out. We'll cover, they'll give us their plan. It's all in the permit, so I feel that if they fill this out, I'm able to look at their plan. They can show me that, and they follow what's on that,

site plan and permit things like that that this would be an acceptable thing to do out in the industrial park dan so as part of the permit i assume they have to notify the neighbors so then it doesn't cause alarm when all of a sudden you hear two explosions out there

Correct. In the permit, I guess I brought a copy along. I don't know if anyone would like to, I guess, review it prior to. But yeah, there's areas in there for all that type of stuff. Checking a site plan, utilities, neighbors, pre-blast survey, notification to adjoining properties, if it would be applicable, notification to utility companies. traffic and pedestrian control plan. You know, it goes on and on because this also needs to be encompassing for, I guess, what it's also intended is for, like, setting up a quarry and things like that. So we tried to make it encompassing, and then if it doesn't apply, they can check that as well. Alderman Reckelberg?

getting that information, but you don't have it yet. For example, the location I'm assuming is out where their business is.

Correct. So again, the purpose of tonight is to get this bond set so that I can forward that information to Winchester on what the requirements are, get the permit filled out, and then we can either accept or deny what they give us.

So we have the ability to deny. Because some of this information I need or would want before I say, well, I was joking. Yeah, give them a $10 bazillion bond. Well, under certain circumstances, that might not be a bad idea to request. Somebody said that they've done this at some of their other locations.

That is what I understand, but I don't have that information firsthand.

Because, I mean, that's the other thing. If they've done that at other locations, I'm on the phone to other locations, to the police department, the fire department, going, what did they do? Was it a big deal? Do you have problems? So, I mean, what could go wrong? Based on the volume, I'm not in the military. I haven't been in bomb squads. How much damage, if that all goes up at once, could take place? I mean, are they doing it outside of their building, inside of their building? If it's close to the building, could they bring the building up too, considering they've got all that other flammable inside their building?

Correct. So these, by, I guess, setting the bond today, I could get the information out, they could fill out this application which then requires a site plan all those items located in there which is then i keep look at that and go out and visually inspect that and that's part of approving uh... the permit and allowing them to do this so uh... In the emails and in the communications I've had thus far, yes, this would be outside. Yes, they've communicated that here's some of our safety things we have in place already. But I want more. I want to see the site plan and things like that so I can physically go out there prior to this and inspect it.

Is there a way, Mr. Attorney, of not putting in an amount at that time until we get this information? or is there a way of making sure that their liability insurance and everything else so that if something goes dry, not on their property, but all the adjoining, I mean, there's a lot of business out there. I mean, I don't foresee them putting so much horsepower together that they're worried about, yeah, we took down two buildings, but not ours, you know?

Our job here, and I apologize if I didn't make this clear, is just to set the bond. The fire chief has the authority to approve or deny the permit. And so all we need to do here today is set the bond for this event if it's going to happen. Final word rests with him pursuant to our code. Staff is recommending a $0 bond. They have insurance. They do this all the time, yada, yada, yada. That's what we're recommending. you know, whatever, do whatever you want. But that's, we're here because the code says we have to set this.

What does the bond cost if we set it for a million dollars? I mean, geez, you set liability coverage for a million or more if somebody wants to do something out at Expo, for Pete's sake, sir.

So I'll just very quickly read the ordinance. No person shall blast or carry on any blasting operations without first having obtained a permit from the fire chief. The applicant for such permit must file a bond deemed adequate in each case by the Board of Public Works. Which bond shall become available in the payment of any damage arising from the neglect of the contractor or the contractor's agent or employees? Any person violating any provision of the section shall, upon conviction thereof, be punished by a fine not more than $500.

Last question. For example, these groups put on different events. They'll rent our facility or whatever. I notice we require liability insurance unless waived. But most people have to have liability insurance in order to rent the facility and put on their event.

that we're putting in that liability insurance for those things is it a million is it a million and a half two million what what rental are you talking about i don't know that that's what are you you're asking about all this weekend we have requirements for bounce houses and everything yeah we require any special special events thank you yeah one million

rather than none, I would suggest that we have at least one million, if they're still covering anything. But I can't see charging some of our nonprofits and other organizations that are coming in here, putting on events, and you've got all this explosion going on. I mean, that's just my feeling.

Yeah, just for clarity, though, the difference, though, they have liability insurance. We're not requiring, this is about a bond, not liability insurance. So as long as we deem their liability insurance is adequate, it's not an issue here. The issue is whether or not we want a bond in place, right? So that's the difference, I think, all to Ruckelberg, is they already have insurance, and we're not requiring – well, I certainly believe they probably have much more than a million dollars at this point. Yes.

I don't know in this case because you're talking about exploding.

Right. I'm assuming they know what they're doing.

I brought it up. You said a million dollars. If I get voted against, that's fine. I mean, I'm not going to argue.

Is that a motion?

Yes. Okay.

We have a motion for a million-dollar bond. Is there a second?

Of course not.

Motion fails for a lack of a second. Mackenzie, did you have something to say or no? Yeah, Adriana.

Yep, I was just going to say that providing proof of insurance is part of the permit application, so we don't, that we will have evidence of their liability coverage prior to issuing a permit.

Yeah, Holder and Earl.

In that proof, is there a limit that they have to provide, or it's just whatever their business team needs to be their limit? That might get to the coverage having enough. Just do they have it? There's not a limit on it.

No, it doesn't specifically.

But again, I would think the value of the building and their liability insurance is way high.

Their employees and yeah, they have. I would believe so. But is there any other motions out there?

I would make a motion for a $0 bond.

Second. Motion to second discussion.

How about just when this is all said and done and approved, why don't you send us a motion an update email just saying, yep, it was approved and here's where their liability was and all that fun stuff if you want to.

Yeah, absolutely.

Then we can just at least do our due diligence and follow up. For sure. Ensure that we made the right decision. All right, there is a motion and a second to set it at zero. Is there any further discussion? Seeing none, all those in favor? Aye. Opposed? Motion carried unanimously. That exhausts our agenda.

Motion to adjourn.

Motion second, we are adjourned.