Blasting Advisory Board

05-25-2024 Meeting

Video: https://www.youtube.com/watch?v=-YZVCl5klnM

0:40 on the dial Roll Call: Present Rodolfo Blanco, Chair; Francesca Ortega, Vice Chair; Steven Herzberg, Secretary; Angelo Cuadra Garcia, Member

Absent: John Estrella

Agenda:

3) Order of business: S. Herzberg motioned to add item 8(c) relating to City of Homestead Council Meeting. Seconded by F. Ortega and unanimously approved.

4) Public Comments: Felicia Salazar from Rep. Fabricio’s office was in attendance. She provided comment that a long-time resident of Miami Lakes called her and discussed the issue of blasting damage to her home.

A. Garcia took a moment to discuss that to him it seemed for the last month, or two blasts have been not as strong, but then today the blast felt strong. F. Ortega discussed that the blast today from her home felt light, but other areas felt the blast harder. S. Herzberg discussed that this has been discussed before that the exact location of a home and the blast can create large variance in how the blast is felt. He also discussed there were no known changes in the way the mines were blasting. A discussion was then had relating to how the mining industry has responded and what could be done to bring them back to discuss the issue after the legislative workshop occurred.

5) Adoption of Minutes. A review of the minutes from the March meeting were had, and it was discussed the minutes had to be revised for A. Garcia being absent in the March meeting. R. Blanco moved to approve, F. Ortega seconded to approve with the amendment, and unanimously approved.

6) Elections. No action, this item was added in error.

7) Old Business:

a. HOA Marketing Schedule and Approval of Materials. S. Herzberg brought A. Garcia to speed regarding the idea of HOA marketing and scheduling information sessions/presentations with HOA’s in the area. A discussion was then had regarding the schedule of association meetings that the Town has relating to meetings that are held in town buildings.

F. Ortega discussed that the reason to provide the list of date is because some associations require someone presenting or speaking to be on an agenda.

It was then discussed how some association’s have some sort of public comments, but usually these are for residents. S. Herzberg discussed that it made sense to reach out to the associations prior to meetings and scheduling the presentations with them before meetings, instead of simply showing up to the meetings. S. Herzberg discussed if we scheduled the meetings ahead of time, and approve the presentation at the Board meeting, then the Board could discuss among themselves to schedule various meeting. S. Herzberg made a motion to approve that the Board will attempt to email and contact the HOA’s that we have contact information for,and then once a meeting is confirmed, the members could coordinate who could attend a specific meeting. Seconded by F. Ortega and unanimously approved.

A discussion was also had relating to the association contact list provided by the Town. It was discussed that there was missing information and that the list did not include all association’s in the town. The Board then had a discussion relating to the presentation. F. Ortega discussed the there will be different deliverables with the PowerPoint, one-page handout, and other possible materials.

S. Herzberg made a motion to approve the presentation, and that F. Ortega may provide the one page presentation sheet as well, seconded by Chair Blanco and unanimously approved.

Miami Lakes 2024 Board Opinion Draft

S. Herzberg discussed that he did not want to rush through the document and that it was not ready yet. Therefore, S. Herzberg made a motion that he will provide the board prior to the May meeting with a draft of the opinion, and that F. Ortega take that draft and revise the presentation of the opinion. Seconded by F. Ortega and unanimously approved. S. Herzberg discussed that the Board has not conducted an actual opinion, and the said there would be three areas, legislative, administration, education, and legal matters. S. Herzberg discussed that it has been many years, and all options need to be evaluated.

Website Page Overview.

S. Herzberg discussed that the Board’s page on the town’s website has been revised, and that new information ahs been added. No further action was taken on this matter.

New Business:

Written Request to Municipalities. S. Herzberg discussed that they received contact information from Mayor Cava’s office for the list of municipalities previously requested. S. Herzberg discussed that we need to approve a letter from the Town to request other municipalities to provide support on this issue, including using their own financial resources. It was discussed that these resources need to be planned ahead of the 2025 legislative session. S. Herzberg discussed that he will provide a draft letter from the next meeting. F. Ortega reminded that any request should note that the town has materials and resources ready to give to any other town. S. Herzberg then discussed that it is important to do that because we need a consistent message.

2025 Legislative Session. It was discussed that the Board needs to start getting ready now for the 2025 legislative session and that resolutions for support need to be going out early in the legislative session, not just towards the end of the session.

Homestead City Council. S. Herzberg discussed that Bryan Morera invited him to join him in a discussion of an agenda item in the City of Homestead relating to a blasting committee. Motion by Chair Blanco to approve going to the City of Homestead for the meeting, seconded by F. Ortega and unanimously approved. Chair Blanco had a discussion that he has heard of issues from South Dade.

Open Discussion: A. Garcia discussed that he had discussions with Rep. Felcia Robinson relating to blasting issues and has discussed it closely with Rep. Fabricio.

Chair Blanco asked Ms. Salazar if there was any new updates on Rep. Fabricio’s bill proposals. She stated that his team was working on ideas on what to present for the next session.

A discussion was then had that the board needs two of three new members.

10) Adjournment: Chair Blanco made a motion to adjourn the meeting, seconded by S. Herzberg and unanimously approved.

Written Advisory Opinion and Recommendations and Possible Solutions to Ease the Effects of Rock Mine Blasting, Author: Steven Herzberg

Town of Miami Lakes Resolution #18-1567 created the Blasting Advisory Board, to date the Blasting Advisory Board has focused on lobbying for legislative change and educating the public.

The Blasting Advisory has achieved many meetings, conferences, town halls and community meetings throughout the years but The Town of Miami Lakes Council needs to ACT or INVESTIGATE a specific action within its own powers as a Municipal Body

There is a need for a comprehensive approach to address the concerns of Miami Lakes residents, what are the specific actions the Council can take on its own?

Fact: Mine Blasting effects are unquestionably one of, if not the most important issue facing Miami Lakes Property Owners. Rock Mine Blasting is preempted and lies entirely within the State of Florida. Legislative Reform has never been presented to the Florida Legislature for a vote.

Blasting Advisory Board recommended Actions

1. Legislative efforts
2. Administrative efforts
3. Public Education and awareness, and
4. Potential Legal Action

Miami Lakes Blasting Advisory Board Recommendation 2019

Recommendations:

1) Blast monitoring should be done by no less then three seismographic monitoring stations arranged in a non-linear array to properly characterize the wave intensity/properties.

• A. These stations should be monitored by an independent entity as outlined by Regional Authority and the raw data and resultant interpretation be publicly reported/posted.
• B. All sites should be standardized.

2) ?Blast intensity Peak Particle Velocity (PPV) should be reduced to no greater than 0.25 inches/second (0.635 cm/sec.).

3) ?Blast monitoring authority would be transferred from the Fire Marshall’s Office to an entity/authority located if each of the 6 regions of the State as specified in the RESPEC Study (see addendum)

• A. Each of these regions have a different sub-stratum and a Blast Wave will propagate differently through each region and affect (homeowner/business/government) structures differently.
• B. Each Regional Authority will be responsible for the monitoring of wave intensity and set standards as to how that regional wave is affecting building (homeowner/ business/government) structures.

4) ?As blast damage may not be readily apparent at the time of the blast it is this committee’s recommendation that the Statute of Limitations to make a claim be extend to no less than 36 months.

• A) While a large destructive blast would shatter windows and be readily apparent, lower intensity blast vibrations may accelerate “material fatigue failure” in building structures and hence the damage caused by “material blast fatigue” may not become immediately apparent.
• B) Liquification of soil may also cause damage to structures over time outlined in the report entitles: REVIEW OF PRESENT PRACTICES USED IN PREDICTING THE EFFECTS OF BLASTING ON CORE PRESSURE. GR-85-9, November 7, 1985 Engineering and Research Center U.S. Deportment of the Interior Bureau of Reclamation Division of Research and Laboratory Services Geotechnical Branch, among others.
• C) “Soil liquefaction occurs when a saturated or partially saturated soil substantially loses strength and stiffness in response to an applied stress such as shaking during an earthquake or other sudden change in stress condition, in which material that is ordinarily a solid behaves like a liquid.”

5) ?Companies that carry out blasting operations will carry enough liability insurance coverage or provide proof of bond that would be posted on an annual basis to each of the 6 Regional Authorities in order to cover incidental damage to area structures caused by their blasting operations.

6) ?Each Regional Authority will use independent adjusters to determine alleged damages from blasting operations.

7) ?A specified surcharge (determined for each of the 6 specified Regional Authorities) be placed per ton of aggregate removed, that would be used by each regional authority to assist in the repairing of incidental damages as percentage costs are based on specific area for cost of construction attributed to blasting operations.

Rodriguez motioned to approve the request to transfer funds. Councilmember Collazo seconded the motion and all present were in favor.

Joining the Seawall Coalition (Cid)

• Mayor Cid is a co-sponsor of item 16E, Seawall Coalition. The Mayor reported that Seawall Coalition is a group of cities gathering to share best practices for solution to sea level rise and flooding. Mayor Cid motioned to move forward with join the Seawall Coalition. Councilmember Daubert seconded the motion and all present were in favor.

F) Town Manager Monthly Police Activity Report

• Major Javier Ruiz provided a status update on the defective police vehicles, he stated that most vehicles are back with the department for use. The Major also reported on a minor knee injury of an officer while taking a subject into custody.

17. ATTORNEY'S REPORT:

A. Attorney's Report on Pending Litigation

Town Attorney, Raul Gastesi, reported that he will be requesting for an Executive Session to discuss alternatives to generate additional revenues for the Town in the former Mayor Pizzi's item. He also stated that Mr. Valiente's matter is moving forward and being handled by the insurance carriers. His last report was regarding the concerns of residents of the current Sober Home on the West side of Miami Lakes.

ADJOURNMENT:

There being no further business to come before the Town Council, the meeting adjourned at 10:30 p.m.

A brilliant suggestion by Francesca Ortega: Timeframe to ensure it gets done, to prioritize recommendations, to incorporate the Legal Opinion to a Council meeting

@ 22:00 on the dial a review of the marketing communication revision by Francesca Ortega to use the background, logo and format that provides message consistency and logo display for audience recognition: BRAVO!!!

Please: NOTE THAT THE NAME IS ANGELO CUADRA GARCIA - REMOVE ANGELA

Table of Contents will be in the final version, text is black, page numbers

"We are authoring a book!" Francesca Ortega, 05-24-2024 - Hope is the editor!

Tabs will be used

42:36 Budget: Needs vs Wishes... Budget needs to remain the same because the purpose of the Blasting Advisory Board is to travel to Tallahassee to influence the outcome of bills / promote action with regard to this issue

44:37 Presentation to Homeowners Associations reviewed by the Blasting Advisory Board / Printed version, feedback from Hope Reynolds reviewed

@ 55:20 Conclusion:

As long as it is factually correct, the group trusts Hope Reynolds opinion

@ 56:00 Business Cards for the Blasting Advisory Board / ask for permission to use from the marketing team, here is the sample:

@ 5