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12-19-1974 Supporting DocumentsMINUTES NQ 1100 It1-71UtAk P1.1-11':rfYi A Itrq ulur M,.;ethll; of th'! C.t t;/ Cct.atc.i a. of tPni City of CLervxmt was hold in the Council Chr.uillwn; on '1'1lcud1ty, D :ctaid.xa 1.9, 1974. 'Ilse mecbant; wtv, Cal :Led to ordor at 7,';0 11. M. by M,.tyov Cl;tud(; E. Llllaak, Jr. wlth the following mulburs present: Coruscihecrt Pa•rns.lr•]., Nyvd, 1J1.;a,,kburn ctnd Oswalt. Other offic.lal; present were: City Cluck C:.umoll., City Attorney V;acon, Director of Clonrnunity Services Dscythe, City M'uut;rcr Ilopk'.hu:, Controller, l hwni.nr aryl Chiof of Police Tyrdal. Others prosent were: '11sr; iSesta P in crd;, Hov.k, and Cc:cch. A representative of the crttJnc1A1'Vu, wrw a:L:so pvu:,,.;nt. 'file Ltvucatlort wrus tJvr:rt by Counci.lm:rti Byrd, followed by repeating of the Pledge of Allegiance :In unlnon by thrwu present. The Mtnute:s of the• Hulp.tl.ru Pkx:tin( held December 10, 19711 were anetxlel cis follows: In rc: Vardance Request by a.tvid Herdel It was the consensus of Council that billboards along State Rovi 50 were not consistent with deslrcd developxment for that area. Council felt there was no ltardship entailedin the billboard being Placed the re- quired 50' setback. In re: Pest control lard treatment at Library Mayor Smoak advised that the city would be glad to take care of this matter and referred it; to City Manager Hopkins. It was the recollection of Mavor Smoak that he made no comment. but rather that In re: Special Meeting of Council It was consensus of Council that more information was needed to make a determination on this request, whereupon motion was made by Councilman Oswalt, secorrled by Councilman Byrd and carried, that a Special Meeting be called for December 11, 1974 for 5:00 P. M. in the City Malager's Office and Mr. Elbert Ritchie be invited to attend etc. etc. The matter was to be hardled by Special Meeting,but Mayor &Hoak did not call the Special Meeting until the morning of December 11, 1974. In re: Motion on Flood Insurance Mayor Smoak desired it to be a matter of record that he voted Naye on passage of this motion "simply because I object to the manner in which we were approached by the Federal Government - either we accept their charges or they cut us off." The Minutes of the Regular Meeting held December 10, 1974 were then approved as amended, and, the Minutes of the Special Meeting held December 11, 1974 were approved as written. City Manager Hopkins reported as follows: That Judge R. W. Waters, who was scheduled to appear before Council this evening had advised that he would be out of town during the holidays, but that he desired to appear before Council at a later date with regards abolishment of municipal courts and new legislation which shall become effective the first part of the new year regarding uniform speeding violation, traffic bureau requirenents, etc.: That he would remind Council of his Memo of December 12th regarding the Administrative Procedure Act effective January 1, 1975 wherein it would be necessary to adopt rules for scheduling of meetings and preparations of agendas, etc. and that he had prepared such a schedule for January thru June. A copy is attached hereto; That in order to comply with the Fair Labor Standards Act effective January 1, 1975 and to participate in partial exemptions for fire and police personnel, certain declarations AMMML 4M) ;V:110 ['ov (""1111ell 1,(, E MINUTFS N9 1101 S..Uu MM.11 U, .11, tho 'alth ld:; flifirlo to ("7111cli (A, D7(Z1llh0T, Tull VeJ";LT'd1nJ1,' the var.loun uosl ("orml;Intoll reappolritmontri to be. ifodo, he would U111k 1,10t 011 t1j,., Lxnrtilr rilul coliriii:iulonn ruquirr, 1'.1twincli7, dI,;cJO!!1('- U'I'Dl' U)001, o ,- who be i-eappointod, thelv cl,,ndllno would be 30 day;; ;,ppo I lltl1l._lJt; f'or. p(_.OI-)Ic who have been sc-rvAlli", tll,dr cloaw..Ire would bc, My 31::t of rtryl, That IrvirmuCiLl itn t I lo quobtlojl Of,' :1 Occul"'ItJoil"d. Mm"m"o for L (,,rlrrijvril l"l not; been TiiLntioncd at the rneotintr, hold I)uc(-mb(:v filth, he:hi(luJv(.-d at' Council If' It be their- dc!jlre to walve th". llceila(! Vo(" Infloilluch rul It wa:i by a rion-profit Tt wua Loru;i.l 1:;l 1: i of (,loltnall ticlt; walvinif, of thill l'oo would in no way afToct the beneftt:; to be provid(xi to thu VFV Ovl,anl-,,,ation by the carnival, whorounnn nwitlon wan rrvl(l(! J)V Councilman ot't,'- 'llt. secoryled by Ccul �lcilman Byrd and I an patloage City Manager Hopkin:i submitted rin invoice: to Council from Nick Jones in the amount of' $75.00 f'or v;ork done in Lugard the city liall expansion and $125.00 for work done veUxUlnr the city pier, f'or a total of $200.00. Motion vas made by Councilman 0smalt, seconded by Councilman Schroodel and carried that this invoice be authorized for payment. City Manager Hopkii-is roporteA on a line item of the budget In the community services department, that being the purchase of a pickup truck 0 $2700-00, and that - Bob Wade Ford had advlscKl he Would Make available to the city, a new 1973 Ford Courier Pickup at a cost of $2500-00 and he recomnended that it be authorized. hbtiori was made by Councilman Oswalt, seconded by Councilman Schroedel- and carried that this recommendation be accepted and the truck be purchased. City Manager Ilopld.ns reported that he would be on vacation from December 20th thru January 6th, and tliat Director of COITITILInity Services Smythe, would be acting City hlanager In his absence. With regards the outstanding invoice from Singer Layne/Atlantic for work done on the Highland Well, City IVIanager, Hopkins reported that following his restudy of the contract documents, conference with Mv. Crowson, the engineer, and reviewing of the tapes of the Council meetings held on May 28th and June llth at which time the Highland Well project was discussed, it was his determination that no mention eras made of an adjustment to the city if the hole was not drilled to a 1000 feet -that the specifications called for approximately 1000 feet, and that he had understood the objective to be that of finding adequate quality and quantity of water which was accomplished at the 9111 foot level. With regards the casing, the city agreed to $9.87 per foot if the casing. ;.as used, which it vras not. With regards the 6" casing vs the 8" casiiv,,, Mr. Crowson advised that aside from the cost of the casing, the cost of drilling with one size as opposed to the other would be of no appreciable difference. He thereupon advised that he felt the contractor had fulfilled his obligation :11-i good faith as per the contract and negotiations which had been made. Motion was made by Councilman Byrd, seconded by Councilman Schroedel and carried that the invoice from Sinper Layne/Atlantic in the amount of $808. 00 be paid. Mayor Snoak voted, Naye, on, pa5sa e. or tb P, Wtio.n. With regards the matter of extending fire protection beyond the city limits of Clermiont . City Attorney Vason reported that following his study of the Home Rule Bill and in conjunction with the City Charter, it was his opinion that when the existing contracts expire in May of 1976, that it would be necessary for the Charter to be amended by referendum if Council desired to enter into new contractual MINUTES M 1102 aY_7",�.auuid;;, fuv 1'tr'� 1.1'ist�:ei;iun ;ut::t�ly thy: .:lty. Ufril, iurordin.l I,/ ('nunrl�uru�,f51n,Ilirrn, uyl 11_A�rl�:: ..... i ni1i11nn ruritr rc.tal IAtl l;f,i1, tirY 1ii,l! 4i City Attorno;/ Vnuon report,xl t.lcrt; 11` "1'"! .111 r':c.elht; of r1 411,11, of l�uxlamnlr; cnt�:red by J'udg,e 14,rdj.rrcc :,turf,lr, it, th,: Mlimt:uhr Cit1'wt ',hnfrpe:, Tnc. vo the: City of t::Larvont eiW.: WIM-1,11.n th,., eity 1.11 cufv rrelr<I to forthwlth Lu:uc: a building; p"rinii; Vol, the: pru)e:ct rr.ferrcrl to an tld: C1y ,% U1:1 I"h Apartmentn. fM. Vason etdvi.s(xl tint t'ollowl.nl, )i.t.r; tiioroug�,h study of th lom;v courts In ococdir1r,; and tho uubsequunt hit .+ Ian�.tul drrrin, lif it:;1'ti:lt thlrc ertt rulcgwttr Lustlnvn;I for evidence In the reeor,d upon wirlol, to .uppor t t ho low :a' cow't 1 I trtd.l.ng.,r. rind he would thrroforr: r'eaouenor 1 that the City not punalf" the m'tttor fr.a'ther, and authorize the irtsurtnce oC Chu building, penritt, f'btlon owls iuidu I y Gartnc:LLrur.n m-,n1,1 .,„_ arrenruirvt tiv Courrea.lnvul I Vr'd and C;)2TI l 1J.11; tdiv rgotmncnclnt:lorr City Attorney Vason expret;:,r.:ct deep f=x'atltudr to of Ulu C1.ty Council and the staff at; City ll;tll CO" their f r,aciousrrcrs slmwrr arri extendr_el to he tuul members of h:ls family in file recent death of hi.c1 Fathcm. With reguds the costs to the city for fut'llinhilig lrrif,Jrt:lon water to William Baker, hllyor Smoak l-,ad requested City flaluiger Hopkins to compile a table of total costs expended todat-e from time of original agrreanent enteral into by the City and for. Baker. mr. Iiopklns reported that the initial agr'canent was for Mr. Baker to pay $200.00 per, year to the city for water supply and the city would lease Mr. Baker's existing irrigation well for $100.00 per year, and, that he found no record of either party having, honored that, agreement. Ile further' reported that in Decanter of 1970 the city pur-chased the irrigation well engine from Mr. Baker and an agreement was entered into where the city would provide whatever maintenance and fuel was necessary to keep the systan operable and that the city had assumed and honored that agreement todate. flayor 11ioak inquired of City Attorney Vason, based on the agr'ecinent documents which lad been furnished lihi (1) is the city obligated to supply Mr. Paker with the. power to get the water out of the gn'ound at the city's expense, and, (2) to fwntsh all the maintenance, upkeep and fuel to get the water, out of the ground to irrigate his property, in other words, is the city legally bowxf to operate under the mariner w111ch they presently are? hhr. Vason advised, based solely on the information furnished him, that it was ob- vious on the face of the lease that the city was only obligated for the ca]andar year of 1971 as iar as the maintenance and fuel, etc. and with regards the 20 year lease which was signed in 1968 and which has not been honored by either party, he would reconnend that Mr. Baker be advised that he was in default and the city declare that lie has breached the lease and now considers it null and void. Mni-inn ,,, —In by Cnunci.lman Bvrd. and seconded by Councilman Blackburn, ..that Have. The motion failed to carry. It was the suggestion of mciyur• auiuun, — Council was in agreement, that City Manager Hopkins contact [m'. Baker and explain to him the interpretation of City Attorney Vason of the documents that we have and attempt to negotiate for a rental fee for using our equipment -pay his own maintenance fees and fuel costs. It was the opinion of Councilman Byrd that the city should not be in the equipment rental business, that an effort should be made to sell the engine back to Mr. Baker. Inasmuch as City Manager Hopkins would be on vacation for the following two weeks, City Attorney Vason agreed to evaluate the existing documents thoroughly, contact Mr. Baker as to his opinions of same, and report back to Council. MINUTES M jj()`3 Councilman IS rd offered and moved the adoption of a R(S01.UTI0fl supporting the �1unicipal JuAges Association of the State of Florida in implementing Article five of the Constitution of the State of Florida by adopting a New Municipal Circuit Riding Judicial System, The motion was seconded by Council Oswalt and unanimously carried. The RPfi0Lll1'I011 va.ru vend by Mayor Drnak, by t LIv only, and the Member 2117 was ass:lgned to it, The initial draft of the proposal loa:;c r grccanent 1'ov the dovnista:lrrs o1'1'ice of City 1La11 by George A. Novi:s was discussed. There wan no action taken on the matter. The engineering report on interim meacracs-el'Clucnt disposal wastevrrterr treatment plant submitted by Dawkins & Associates, Inc. as had been requested by the Lake County Pollution Control Board, wad discussed at length. It was thcr opinion of Mayor Smoak that the city is now, and has been, doing all that it in eaIxtble of doing without further financial assistance from the Roderal Goverrynent, arxl that until such tine as the Step II Grant monies are made available, he would not be in favor of taking any further action or expending any more money. As recommended by the engineers for the £orane, Peter 11. Johnson property, motion was made by Councilman Oswalt, seconded by Councilman Byrd arad carried that the City Alanager proceed with the removal of the trees from the property, the necessary grading of same and planting to grass. The meeting was adjourned by Mayor Smoak at 10:10 P. M. Claude I . Smoak, Jr., rbyor �� r�Q� �,� • layllh n�� Dolores W. Czrmoll, City Clerk To: City Council From: City Manager Subj: Council Agenda Date: Docembor 12, 1974 Section 120.53 (d) of the Administrative Procedure Act panned by the 1974 Legislature states that each agency Xincluding municipulties) shall effective January 1, 1975 "adopt :s for the scheduling of meetings, hearings and workshops including the establishment of agendas therefor, one of which shall be that an agenda shall be prepared at least seven days before the event by the agency, and made available for distribution on request of any interested person. The agenda shall contain the items to be considered in the order:of presentation. After the agenda has been made available, change shall be only for ggod cause, as determined by the person designated to preside,' and stated in the record. Notification of such change stall be at the earliest practicable time." In order to comply.with Section 120.53 (d) of the statute, the following agenda schedule has been prepared for the first six (6) months of 1975. Council Agenda Agenda Agendn Meetings Deadline Preparation Publication Jan. 14 Jan. 3 Jan. 6 Jan. 9 28 17 20 23 Feb. 11 31 Feb. 3 Feb_ . 6__ 25 Feb. 14 17 20 Mar. 11 28 Mar. 3 Mar. 6 25 Mar. 14 17 20 Apr. 8 28 A 31 Apr. 3 22 Apr. 11 Apr. 14 17 May 13 May 2 May 5 May 8 27 16 19 22 Jun.10 30 Jun. 2 Jun. 5 24 Jun. 13 16 19 ." FIo de City Manager HMEi/kd cc: City Clerk" - City Attorncy I DAWKINS & ASSOCIATES, INC. ENOINEEnG / PLANNUIS / sunveYOnS G2 Waet Ponnsylvanla Strout j&( -� P 0, Floe 0 Orlando, Fhtrido 32000 November 26, 1974 df GL 911tA,4 Mr. Robert M. Hopkins City Manager City of Clermont N1 West Gate Plaza Clermont, Florida 32711 Orlando 305/043.0213 Lakeland 013 / 683.4983 Interim Measures - Effluent Disposal Wastewater Treatment Plant Dear Mr. Hopkins: C44-S-01 Your letter of November 15, regarding maximum utilization of Block 142 and 143 of Johnson's replat for wastewater disposal has been received and a preliminary review of that matter is as follows: PRESENT LOADING CAPACITY: Recent pumping records indicate a spray loading rate of 385 gallons per minute generally extend- ing over a 24-hour period. This equates to some 500,000 gallons per day which is the equivalent of 1300 inches per year on five acres of land. SITE CONDITIONS: The present area is planted to citrus grove which, due to excessive hydraulic loading, has died back and is in the process of being cleared. The lands are gently sloping toward the west and are underlain at depths ranging from 9 to 18 feet by a lens of impermeable clay. The piezometric surface of the Floridan Aquifer in this area is generally at or below the level of the Palatlakaha Marsh; thus, any superimposed loading in the matrix of the porous surface sand would be expected to range above that level. As evidenced by the pending in the southwest corner of Block 143 and the northwest corner of Block 142 the pores of the overlaying surface sands have been filled by the excessive application of wastewater effluent. A reference to the profiles taken diagonally across Blocks 142 and 143, (attached hereto) indicate that the groundwater table has risen from a nominal elevation of 93.0 msl in January, 1973, to ground surface at pre- sent. Additional evidence of excessive hydraulic loading is seepage at the outface of the land slope near the edge of the Palatlakaha Marsh. 1 City of Clormont - 2 - November 26, 1974 A loading rate designed to provide nutrient removal -- 20 mg/l at a flow rate of 600,000 gallons per day -- would require a net landspread area of approximately 70 acres (see page 15 of our report dated May, 1973). Thus, there is little if any nutrient removal being practiced on the fluids being deposited on these lands. Any overland flow to the Marsh is in effect no better treated (with the possible exception of phosphorous removal) than if it were discharged directly from the percolation pond to the Marsh. In order to optimize the use of these lands for treated effluent disposal a close determination would be required with respect to assimilative capacity of the soil. Using a maximum evapotranspiration rate of thirty inches per year and assuming that some small vertical penetration of the clay layer, it is reasonable to conclude that the loading rate should approximate one -tenth of that now being applied or 50,000 gallons per day. The removal of the dead trees, since they are no longer performing a function of transpiration, seems in order. Planting of the area to a cover crop having a high transpiration rate such as Pangola, Coastal Bermuda or similar grasses will provide a higher evapotranspiration rate than is now being generated. The optimum utilization of this land will not, in our opinion, approach those vol- umes required for ongoing wastewater disposal generated by the present system or those to be expected by increased system growth. In summary, we are of the opinion that an in-depth engineering reportaddressed to the limited area involved is not of net benefit and that funds expended on such work would be better spent on the pursuit of a long-term solution of the problem. Sincerely, DAWKINS & ASSOCIATES, INC. 446owss.n, P.E. Senior Project Manager DLC/cwt Enclosures 1 NO �•r dim! e�M ',•rnw I1`I ►1 \�7 0 P ascF . t , ! /00 /02 104 \ ! n� I 9G 98 /00 1 ��` /02 ` \DX /0 e l04 ;4Jo �, UMb6A/.`✓JO.t1E5 t[. 'AIIIEMIOO°!Ri oaEbeo ip AkWTROSE sr. Novemai--be ber 26, 197974 _ m � 8,x�'SmxmVS,WC, "r '^"^'xm/v"o"3nm6 DA"—^0�TS~7$c To: City Council From: City Manager 9ubj: Fair Labor Standards Act Date: December. 18, 1974 The Fair Labor Standards Act required that local governments 4o0in paying overtime for hours worked over 40 per week boginning January 1, 1975. But there is a partial ex- omption for fire and police personnel. overtime for these individuals must be paid for hours worked over an average of 60 in a seven -clay work period. However, the partial exemption for fire and police per- sonnel is not automatic. In order to avoid unnecessary coots under the Fair Labor Standards Act, it is recommended that the following declaration be made in order to comply with the law. 1. Declare that the work period for policemen is 14 consecutive days. 2. Declare that the trading of shifts will be permitted during calonder year 1975. This matter will be on the December 19th agenda under the City Manager Report. Robert Hopkins M.p RMH/kd cc: City Clerk V Police Chief