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04-19-1984 Workshop Meeting e e 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 e e CITY OF CLERMONT MINUTES WORKSHOP MEETING April 19, 1984 Page -2- 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. e e CITY OF CLERMONT MINUTES WORKSHOP MEETING April 19, 1984 Page -3- 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 e e CITY OF CLERMONT MINUTES WORKSHOP MEETING April 19, 1984 Page -4- 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