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
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MINUTFS N9 1101
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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
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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