04-19-1984 Workshop Meeting
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CITY OF CLERMONT
MINUTES
WORKSHOP MEETING
April 19, 1984
A Workshop Meeting of the City Council of the City of Clermont was
held Thursday, April 19, 1984 in the City Hall Conference Room.
The Meeting was called to order at 7:00 p.m. by Mayor Pro Tem Pool
with the following Council Members in attendance: Council Member
Cole and Council Member Turville. Other City Officials present
were: City Manager Forbes and City Attorney Baird.
LEESBURG COMMERCIAL 'NEWSPAPER DISTRIBUTION
City Manager Forbes explained that he had received a letter from
the Leesburg Commercial's legal department regarding the distribution
of newspapers in Clermont. The letter stated that the delivery of
newspapers is protected by First Amendment Rights and copies of legal
opinions from other states were sent to substantiate this fact.
City Attorney Baird stated that he would research this matter further,
and that he believed the City's ordinance would hold up in court. He
further stated that he would write to the newspaper's legal department
on this matter.
EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL A-95 REVIEW REQUEST
Mr. Forbes stated that he had received a request for an A-95 Review
from the ECFRPC. This review was for a forty-nine unit apartment
complex (24 ond bedroom and 25 two bedroom units), plus a manager's
unit and office building. They would be known as Clermont Sands
Apartments and would be located on Highland Street, just east of
the apartments recently constructed by Tony Hubbard. The City
Manager stated that he would reply to this request by stating
that no formal approval of this project could be given until
it went through the City's Conditional Use Permit process.
At this point Mayor Beals and Council Member Henry entered the
meeting.
LANDSPREADING SYSTEM
Paul Bradley from the City Engineer's Office discussed a small five
foot diameter depression in the sprayfield. He gave all of the Council
Members an Engineering Report on this, and stated that the water table
was down five feet and that up to a depth of sixty feet below the surface
the was a soil strata of sand and silt underlaid by a soil stratum of
sandy silt. He stated that this material was rather impermeable, and
that he had fully reviewed the soil borings with officials from the
Lake County Pollution Control Board and State Department of Environ-
mental Regulation. He stated that since the soil under this area is
rather impermeable, the City would have no problems. The following
action was approved by Mrs. Mueller of the Pollution Control Board:
1. Fill the depression and monitor the area on a daily basis
to determine whether further subsidence occurred. If it
does not occurr, the City will have no further action to
take.
2. In the event it does occurr, the City will be required to
remove the underlying layer of sand and provide a layer
of clay material in the depression.
Mr. Bradley requested that the City Manager make sure the area is
checked daily for the next thirty days, and after that on a weekly
basis. Sprayfield area C will now resume normal operations. In
the event of further subsidence, the City will remove a five
foot deep layer of sand and replace it with material containing a
high percentage of clay and silt to a depth of two feet. A layer
of sand would be placed on top of that, and normal operations will
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begin again. In summary, the engineering reports state that there
are no major problems at the sprayfield site.
Mr. Forbes stated that he would insure that the area is properly
monitored.
ENGINEERING AGREEMENTS FOR THE EXPANSION OF THE WASTE TREATMENT PLANT
Mr. Paul Bradley from Springstead and Associates was present to explain
the engineering agreements for the expansion of the waste treatment plant.
The agreements are divided into two separate contracts; one for design
and the other for construction.
Each page of the contract for design was reviewed. Mr. Bradley pointed
out to Council that this contract was strictly for the design of plans
and specifications to increase the capacity of the existing lift station
#6, the sewage treatment plant and sludge drying system, and effluent
disposal system to .995 mgpd. The contract also covers obtaining all
State and Federal Permits and approvals necessary for the construction;
obtaining bids and making recommendations to award contracts, and per-
forming this work according to the compliance schedule approved by the
Federal EPA. The City Engineer is also responsible for advertising
for bids and giving the City ten copies of detailed drawings, specifi-
cations, and contract documents for our use.
Mr. Bradley explained that once the bids are received and the Engineer
makes a recommendation, the design portion of the contract ends and
the construction contract begins. It was also pointed out that the
engineering design contract does not cover work for: site surveys,
laboratory tests, negotiating land or easement rights, or any data
for maps or litigation.
City Attorney Baird stated that he believed in the bond validation
proceedings the Engineer should be required to represent the City at
no extra cost.
Mr. Bradley stated that the City certainly wouldn't expect the Engineers
to work for nothing, and if any lengthy legal process began, he did not
believe it was fair to have the Engineer appear at all of these meetings
at no cost. The City Attorney agreed that they might have a point on
being paid for court appearances; but if the integrity of the design
plans were being questioned and changes required, the Engineer should be
required to do so at no additional cost to the City. Mr. Bradley agreed
that if changes were required due to legal proceedings, there would be
no additional charges to the City. It was also explained that these
plans must go through the State Department of Environmental Regulation,
the Federal Environmental Protection Agency, and the Corps. of Engineers
for review, so it is unlikely that there will be any problems with the
engineering aspect of any validation or other proceedings.
The fees for design work were also discussed. The design and engineering
fees for lift station #6 are $8,000, sewage treatment plant and sludge
drying beds $80,500, and for the effluent disposal system $11,500.
Council Member Pool questioned the costs and asked Mr. Bradley how they
came up with these figures. He stated that they were based on the actual
costs and time it would take to complete such a project. Engineering
manuals give recommended fees based on time which are used when figuring
project costs.
Council Member Pool reviewed the recommended fees based on the cost of
the project from the Farmers Home Administration and concluded that based
on the percentage method, the costs were not out of line. It was also
discussed that any of the additional costs not covered in this contract
would be covered by an hourly fee schedule as shown in Schedule C.
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The Engineering Agreement for construction was then reviewed by Mr.
Bradley. The Council Members also went through this agreement on a
page by page basis. It was again pointed out that this contract only
pertains to construction and begins once bids are awarded to the
contractor for each project. Contracts for construction will be
broken into three separate contracts: One for the expansion of lift
station #6, one for the sewage treatment plant and sludge drying system,
and the third for the effluent disposal system. The items covered in
this contract were also reviewed in detail and there was much discussion
regarding the fee schedule. Page one of Attachment C was reviewed in
particular, and the City Manager noted that under number one, Method of
Construction, item number one must be changed. The wording agreed to
in the change was that "engineering services for construction and con-
tract administration would be in the amount of $7,051.20". Mr. Bradley
explained that these were cost plus figures which means that the
Engineer would be charging $7,051.20 plus the actual cost for them to
perform this work. He pointed out that the costs of performing the work
would be charged, and this was not the same charges as discussed in
Attachment C for additional work. They could only charge exactly the
costs of the project. City Attorney Baird asked what the exact costs
were estimated to be.
Mr. Bradley stated that the total cost for resident inspection was
estimated at $38,400, the total cost for engineering services during
construction was estimated at $29,700, the engineering services for
start up were estimated at $15,200 and the estimates for surveying
were $3,000. There also was a fee of $24,500 required for an operations
and maintenance manual. City Manager Forbes stated that he had problems
with paying such a high fee for an operations and maintenance manual.
Council Member Turville stated that City Engineer Springstead had stated
that such a manual could probably be produced for between $8,000 and
$10,000, if it was being done just for the City of Clermont. However,
the extra costs would be incurred because there would be many reviews by
regulatory agencies and changes to be made.
There was much discussion that if the remainder of the contract was on
a cost plus basis, then it might be to the City's benefit to have the
operations and maintenance manual figured the same way. It was the
consensus of the Council that it would be best to revise this item and
have the manual produced on a cost plus basis.
It was explained in great detail that the costs given are actually the
costs in our application, but these are only estimates and the actual
costs could be greater or slightly less.
CABLE TELEVISION
Proposed Ordinance l60-M, as prepared by the City Manager, was reviewed
by Council. Mr. Forbes stated that this ordinance was taken largely
from a sample ordinance submitted by our consultants, CTIC and Asso-
ciates. The sample ordinance was revised to meet the needs of the
City of Clermont. Each page of the proposed ordinance was reviewed,
and the following items were reviewed in detail:
1. Section 3. There was much discussion of Item 2, on the
obligation to make cable service available to to all
dwelling units. The contract is written that all areas
described on an attached map (Exhibit A) must be connected
to cable within ninety days after service is requested.
The City Manager stated that he would also be revising
the section to read: Item 2 (a) Areas described on the
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CITY OF CLERMONT
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WORKSHOP MEETING
April 19, 1984
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attached map called Exhibit A attached hereto, and made
part of this agreement, or are located in an area with
a density of thirty-five dwelling units or greater per
street mile, shall be provided with cable television
service within ninety days after service is requested.
After much discussion, it was decided that the entire
area within the City Limits that is north of Highway 50
and west of Grand Highway would be included. Also that
area south of Highway 50, and west of US27.
2. The duration of ten years for the franchise in the proposed
contract was discussed. The City Manager explained that
possibly the contract should only be for five years or
fifteen years, depending on if the cable company is willing
to give the improvements the City is requesting. These
improvements are discussed in Section 5 and are: To
operate, modernize and rebuild the cable system to include
thirty-five channels and have the rebuilding complete within
twenty-four months of the date of the new agreement.
3. Payment to the City would be 3% of the Grantee's gross revenues
instead of 3% of the basic subscriber fees. It was explained
that this should give the City the same amount of funds as it
is presently receiving.
4. Section 9. Broadband cable communication service was discussed
in that the City would be requesting the Grantee to provide free
basic installation to all City offices, the hospital, and public
schools within the licensed area upon request. The City is also
requesting that one access channel be reserved for free use by
the City and Lake County School System, and that an emergency
alert system will be installed at no cost to the City.
5. Complaint procedures in Section 13 were reviewed in detail, and
each page of the agreement was reviewed.
It was the consensus of the Council to send a copy of the proposed
agreement to Group W Cable Television for its review before being
discussed at next Tuesday's Council Meeting.
There being no further business, the meeting adjourned at 9:30 p.m.
~~ /3. ~ 2.1..
CHARLES B. BEALS, MA OR
Attest:
~~TY CLERK