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03-29-1983 Supporting Documents0 CITY OF CLEUMIONT MINUTES SPECIAL COUNCIL MEETING March 29, 1983 A Spacial Meeting and Worknhop of: the City Council of: the City of; Clermont was hold March 29, 1983 in the City ❑all. Conference Room. The Mooting was called to order by Mayor Beals at 6:00 p.m. with the following Council. Members present: Lester Colo, Ann Dupoo, and Hal Turville. other City officials presont ware City Manager. Forbes, City Attorney Baird, and City Ing:Lnoer John Springstead. 201 WASTL,;WA'I'ER L'ACILI'Plls'S PLAN City Engineer John Springstoad and Bud Sampson were present at this meeting to explain the proposed 201 Area Map and read the proposed contract with the City for the preparation of a 201 Wastewater Facil- ity Plan. It was explained that th.: contract did contain a clause recognizing that time is of the essence, and that the City Engineer would perform the work in the most expeditious, diligent, and effi- cient manner possible to insure completion of the work by June 30, 1983. The contract also has a clause which stales that the City agrees that the engineer has no control over certain aspects of the facilities plan approval process, specifically other governmental agencies. Another clause of the contract stipulates monthly billing to the City based upon the percentage of work completed. Council Member Pool entered the meeting at this time. Council Member Turville asked if the Department of Environmental Reg- ulation would not accept the City's revised 201 Area, would the 201 Facilities Plan be wasted. Mr. Sampson stated that he would have an answer to this question in the near future because he would be meeting with DER Officials on this matter tomorrow morning. John Springstead stated that he believed that there was a 90% chance that the 201 Area would be revised, based upon City Manager Forbes' and his discussion with DER Officials last month. Council Member Turville asked if a Public Hearing was needed to revise the boundaries, and was advised that no Public hearing was necessary. Council Member Dupee asked questions regarding annexation, and if the Federal Government would have any control over the City's annexation policies. City Manager Forbes explained that annexations were covered by State Statutes, not the 201 Plan. Council Member Turville stated that he still had some concerns that if a property was in the 201 Planning Area, the City would be required to either annex the property or provide services for it. Mr. Springstead pointed out that the DER and EPA have already set a precedent on this matter, in that they approved 201 areas in North Lake County where each city has a separate treatment plant facility. Council Member Turville stated that he did not like the idea of the Federal and State Agencies requiring the City to adopt a rate schedule which meets their approval. He stated that he did not like someone else telling the City what rates to adopt, based on their standards. He felt that these agencies had very little understanding of the City's problems or financial condition. He also stated that he believed the City should consider different alternatives for financing, and that this was just one of many ways to finance the project. Council Member Pool stated that he also had a problem with the State and Federal Agencies determining our rate schedule, and asked how long they would have con- trol over the rates. City Manager Forbes explained that it was his - understanding that this would work similar to the Farmers Home process in that once the grant is given, the City must adopt a rate schedule approved by the State which will insure the City can cover operational and maintenance costs of the expansion. The reason for this requirement is that in the past some cities have built facilities with grant money and then could not afford to operate and/or maintain them. As long as the City operated and maintained the facility after the initial rate schedule was set, the Federal Agencies would have no recourse in future rate decisions. Council Member Pool asked City Manager Forbes if he knew what the new rates might be. City Manager Forbes stated that he did not know, and this was part of the 201 Study. Many questions being asked tonight can only be answered if the City proceeds with the 201 Study. Mr. Forbes emphasized that the City was not required to proceed with the 201 Study or to expand its treatment plant facilities. The present plant ® ciry Oft CLERMONT MINUTES SPECIAL COUNCIL MEETING March 29, 1983 may be at• capacity in 1986 according to current population projectional and if expansion is desired, something must be done in the very near 83-054 future. After much discussion, A MOTION WAS MADE BY COUNCIL MF:MnrR Pao In discussing the motion, Council. Member. Col.o asked Mr. Springstcad how he arrived at• the cost• figures for the study. Mr.. Springstead stated that• the price was based on estimated time and travel costs. Ile stated that as an alternative, lie would be glad to go by the City's fixed fee on time and travel if the City wished to do so. Council Member Turville stated that he believed the contract did not guarantee completion of the Study on time. There was no penalty clause in the contract-; and it was his understanding that if there was a penalty clause in the contract, there should also be a bonus clause. Mr. Spr.ingstead pointed out that even if the deadline was not met, the study would not be wasted and could be utilized toward next year's funding. however, he did emphasize that• he was confident that the study would be completed on time. He also stated that if the City wanted a penalty/bonus clause in the contract, he would be willing to enter into such an agreement-. City Attorney Baird stated that this was almost impossible to do, and there is no guarantee in the contract but a clause that he (City Engineer) will exercise due diligence in performing his duties. The Question was called by Council Member Pool full speed ahead on assumptions, and headed without knowing if the lights work yet. ved the City is proceeding toward a tunnel at full speed City Manager Forbes asked if there were any Council objections to the revised 201 Area Map being submitted to the DER, and there were none. The Special Meeting portion adjourned into a Workshop Meeting at 6:60 p.m. WORKSHOP MEETING ELECTIONS Mayor Beals requested that the Council again consider changing the City's election date. Council Member Dupee explained the two types of election procedures that were discussed at the last workshop. She stated that her idea was to have both the primary and runoff in November. The primary would be on November 7th and a runoff, if necessary, would be held two weeks later. Mayor Beals' idea was to have the primary held in October, only if more than two candidates were running for a seat. If only two candidates were running for a seat, the General Election would be held on November 7th. He believed that having the first election on the October runoff date has an advantage by giving a person four weeks to campaign rather than two weeks. There was also a discussion on voting. Council Member Pool stated he was concerned that some people may be confused and we would have non-residents voting in a City Election. Mayor Beals explained that a citizen would be required to sign a statement that he or she lived within the City Limits. It was the consensus of the Council to have the City Attorney draw up a Draft Ordinance which would amend the City's Charter to allow the City to conduct a primary election in October (if more than two candidates were running for a seat), if there were not more than two candidates, the election would be held on November 7th. All elected Council Members would take office during the first Regular Council Meeting in December. It was also stated that the Code should include, that if the candidate had a clear majority, no runoff election would be necessary. The Council ® CITY OF C&PRAIONT MINUTES SPECIAL COUNCIL MEETING Marsh 29, 1983 requested that this matter be placed on the agenda of the next Regular Council Mocting ,.or further discussion.* The Meeting adjourned at 7:45 p.m. CHARLES B. BEALS, MAYOR ATTEST: GEORGE D.i;PORBES, CITY MANAGER * At the Regular Meeting held April 12, 1983 Council Member Dupee asked that the Minutes of this Meeting reflect the following: Council Member Dupee stated that if the City of• Clermont obtained the grant and could not use it, it would commit the City to longer debt repayment.