02-28-1978 Regular Meeting
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MINUTES
REGULAR MEETING
NQ 1473
A Regular Meeting of the City Council of the City of Clermont was held in the Council
Chambers on Tuesday, February 28, 1978. The meeting was called to order at 7:30 P.M.
by Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Honey,
Byrd, Schroedel, and Cole. Other officials present were: City Manager Tiffany, City
Attorney Baird, City Clerk Carroll, Finance Director Sanchez, and Chief of Police Tyndal.
Others present were: Miss Tracey Smoak, and the Messrs. Czech, Sargent, Searles, Matthews,
Thorne, and Cook.
The invocation was offered by Councilman Byrd, followed by repeating of the Pledge of
Allegiance in unison by those present.
The Minutes of the Regular Meeting held February 14, 1978 were approved as written.
PUBLIC HEARINGS
Mayor Smoak announced that William Causey, petitioner for a Conditional Use Permit
had requested that his request be deferred until the next regular meeting, whereupon
the Clerk was instructed to place the matt~r on the meeting agenda for March 14th.
Mayor Smoak announced that Council, sitting as a Board of Adjustment, would consider
the request of Thomas L. Benfield for a Variance to Section 26-21(E) (3) (R-1 URBAN
RESIDENTIAL DISTRICT - REAR YARD SETBACKS) of the Zoning Ordinance in order to make
additions to an existing open patio slab on his property described as Lot 9, Block
C of Edgewood Place Subdivision (250 Disston Avenue). City Manager Tiffany advised
it was the desire of the petitioner to increase the slab dimensions from 10' x 12'
to 10' x 24'. and then enclose the entire area in order to accomodate existing out-
door equipment; That an open slab of those dimensions would be allowablewithout
variance, but to enclose same, a variance of 3' to the required rear yard setback
would be necessary. It was the consensus of Council that the request did not
establish a hardship that would be unique to other properties in the area, and
were reminded of a similar previous request in the same area that had been denied.
Following inquiry from the Chair if there be anyone present who desired to address
the matter, and there being none, motion was made by Councilman Honey, seconded
by Councilman Schroedel and carried that the request be denied.
PUBLIC OFFICIALS LIABILITY
Following a previous determination that the cost of liability insurance for
elected public officials was prohibitive, and still primarily concerned as to
possible liability charges for acts of legislative omission on the part of
elected officials, it was the suggestion of Mayor Smoak, and Council was in agree-
ment, that City Attorney Baird be instructed to prepare a draft ordinance to pro-
vide coverage for legal expenses of city officials for their legislative actions,
or omission of legislative actions, taken within the framework of the law, and it
be presented for Council's consideration at the next regular meeting.
INSURANCE: WORKMEN'S COMPENSATION
Mayor Smoak reported on his recent panel membership at the Florida League of
Cities Conference in Tallahassee with members of Risk Management Services, Inc.
regarding workman compensation insurance which has now been formed in the League
of Cities and is called the Municipal Self Insurer's Fund, and had requested that
Mr. Gene Hill of Risk Management, Inc. contact the City Manager to review the city's
policies now in force in order to submit a recommendation back to the Manager
for delivery to the newly formed insurance committee of Messrs. Olivenbaum and
Meeker for their study and consideration.
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MINUTES
NQ 1474
EFFLUENT DISPOSAL
Mayor Smoak reported that, in conjunction with City Manager Tiffany, he had
contacted Mr. Emil Jahna regarding a potential short term lease on his property
immediately west of the city for effluent disposal, and inasmuch as a portion of
the property is presently under sub-lease for a proposed sod farm, he had suggested
contact be made for possible utilization of that portion also, which he would be
doing in the very near future for report back to Council.
SEWER BONDS
Mayor Smoak advised that he had contacted Mr. Ben Benham of Wagner & Associates
regarding the city's sewer bonds, and he felt there could potentially be a sub-
stantial savings to the City through re-financing of the city's long term sewer
bonds, and he had therefore requested that Mr. Benham meet with the City Manager
and the Finance Director to review the city's bond issues for recommendation to
Council.
SOFTBALL FIELD/TENNIS COURT IMPROVEMENTS
Mayor Smoak reported he had contacted Mr. McLean, principal of the Elementary
School regarding the preliminary sketch of the proposed improvements for the soft-
ball and tennis court complex, and having received a favorable response, he had
requested Public Works Director Smythe to finalize the plans to scale with an
accompanying firm cost estimate, which has been completed, and he thereby recommended
that the City Manager be authorized to immediately proceed with the purchase of
bleachers and the construction of sanitary facilities and a concession area,
pending approval of Mr. McLean to the final drawings. Motion was made by Council-
man Honey. seconded by Mayor Smoak and unanimously carried that this recommendation
be accepted.
In a pursuit to obtain a first class textured surfacing of the tennis courts at
the school facility, Mayor Smoak advised the School Board had received a low bid
in the amount of $6950, and inasmuch as the School Board's budgeted cost for this
project is $5000, he had received inquiry from the Board's Purchasing Agent as to
the city's participation in the balance of the cost in order to have the first
class surfacing. Motion was made by Councilman Byrd, seconded by Councilman Cole.
and unanimously carried that an allocation up to $2000 be appropriated to partici-
pate with the School Board in the resurfacing of the tennis courts.
Following an unquiry from the floor as to a scheduling agreement from the School
Board for use of these facilities, Mayor Smoak advised it was a verbal commitment,
duly recorded in the Minutes of a Regular School Board Meeting, that the facilities
were for public use at any time other than scheduled school functions, and that
Public Works Director Smythe had scheduled the use todate for the public orgainzed
activities at the softball field, but, that he would be agreeable that a written
agreement should be on file to substantiate the close cooperative partnership of
mutual use of the facilities that has existed. Mayor Smoak thereupon requested
that City Manager Tiffany, in conjunction with the City Attorney, examine a con-
tractual standard contract as presented by the School Board for use of school
board's facilities, and review the Minutes of the Meeting at which these had
been discussed, in order to prepare a tenative contractual arrangement between
the City and the School Board for Council's consideration, and further be forwarded
to local school board member, Mr. Charles Beals, for his comment.
SEMINOLE WELL
Councilman Byrd inquired as to the status of the Seminole Well. and City Manager
Tiffany advised the contractor had been unable to schedule the final hook-up as
yet, but anticipated it would be completed within a week, and that once the DOT
completes the grade leveling in the SRSO and 10th Street area, the city crews
will lower the 6" water line at that location, to be followed with putting the
new well on line.
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MINUTES
NQ 1475
LOSS OF PARKING FACILITIES
Councilman Byrd inquired if further communication had been received regarding
loss of public parking facilities at the Blessed Sacrament Church for patrons of
the baseball and softball activities in that area, and City Manager Tiffany
advised of possible negotiation with church officials which he would pursue.
PUBLIC ACCESS TO WEST BEACH
Councilman Cole inquired of possible prevention of public use of the privately
owned road running west from 11th Street to the city owned West Beach on Lake
Minneola. City Manager Tiffany advised this was a policing problem, and the
residents in the area were encouraged to report violations immediately which
would be responded to by the Police Department. He further advised that a sign
would be placed on the Twelfth Street side of the beach directing the public to the
city owned parking area for the beach patrons.
RECREATIONAL FACILITY IMPROVEMENTS
Councilman Cole inquired of any proposed improvements for parking at the recently
renovated play area in the Lincoln Park area inasmuch as cars were being driven
and parked on the play area. Mr. Tiffany advised of an existing attempt to obtain
railroad ties with which to provide a parking area at this site.
Inquiry was made by Councilman Cole as to any improvements proposed for the play
area on Chestnut Street, just east of Fifth Street, and Mr. Tiffany advised that
a backboard and clay basketball court had been provided this year, which was being
utilized, but that no further improvements were planned at this time.
Councilman Byrd opined that in view of the increased interest shown in organized
outdoor recreational activities, he had some concern that this demand might be
moving at a faster rate than the city's ability to provide facilities, and he
would thereby suggest this as an area for advanced planning as to whether or not,
and as to when, a full time recreational department of the city should be created.
UNSIGHTLY BUILDING CONDITIONS
Councilman Cole inquired of possible action by the city to eliminate the unsightly
and potentially hazardous condition of at least three buildings in the 700 block
of East Montrose Street, and City Manager Tiffany advised that preliminary con-
demnation proceedings had been instigated.
ANIMAL CONTROL
Councilman Honey advised of continuing complaints received regarding dog problems
in the city, and he inquired as to the status of the proposed amendment to the
existing animal control ordinance. City Manager Tiffany advised that this matter
was on the agenda for the next regular meeting of the Planning and Zoning Commission
which would be considered by them in conjunction with the City Attorney, and possible
language excerpts from the County Ordinance, which had been made available to them.
COMMENDATION
Mayor Smoak advised of the election of Chief Tyndal as President of the Lake
County Police Chief's Association recently, and Fire Chief Smythe having served
the past year as President of the Lake County Fire Chief's Association, a selection
felt was very worthy and commendable to the citizens of Clermont to which they serve
as City Department Heads.
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MINUTES
NQ 1476
COOPER MEMORIAL LIBRARY
Councilman Schroedel, liaison representative to the Library Board, reported on
his recent attendance at their regular meeting wherein it was reported that the
national average for library book availability was 4 books per person per capita,
and inasmuch as the book volume at our local library is 18,300 he was very pleased
to advise that the local library bordered on the national average which he felt
was commendable. He further reported on a County Library Meeting to be held in
Tavares on Friday, which he and Mr. Henry Czech would be attending, at which time
a report will be given by the survey crew assigned through the State Department of
Community Affairs.
PAYMENT OF BILLS
Motion was made by Councilman Honey. seconded by Councilman Cole, and carried
that the bills be paid. A copy is attached hereto.
BEACH HOUSE LEASE
City Manager Tiffany advised that the present lessee of the snack bar at the
Jaycee Beach had dis-continued her business, but the lease would not expire until
the latter part of April, and in lieu of advertising for bids on a straight lease
as now exists, he inquired of Council's consideration to a concession agreement
which he felt would give the city more control and flexability in administering the
agreement with whomever would be running the operation in behalf of the city. It
was the opinion of Mayor Smoak, and Council was in agreement, that two major con-
cerns of the city in the operation of that facility would be the cleanliness of
both the inside restautant facilities and the outside which would include the
sanitary restroom facilities, and, that the operation be run relative to and com-
patible with the public clientele that uses the facilities the most, that being
primarily the youth. City Manager Tiffany, in conjunction with City Attorney Baird
was requested to prepare some guidelines based on their recommendations, to achieve
such an agreement, and submit them for Council's consideration at the next meeting.
It was further suggested that this matter be discussed with any potential lessee
of the facility for any comment which they might offer that would be helpful to
Council in their consideration.
MARSHLAND STUDY
City Manager Tiffany advised that Dr. Zoltek had revised the cost estimate for
the second year of marshland study to be in line with the suggestions for change as
presented by Ted Wicks, Lake County Pollution Control Director, and the cost
estimate is now at $60,000 which provides for the extra work as suggested and some
absorption of overhead costs by the University of Florida. Based on the one-third
cost each participant for the first year of study, it was the recommendation of
the Mayor, and he thereupon so moved, that the city commit an additional $5000
to the $15,000 previously committed for the second year of study, prior to en-
couraging the other two agencies to participate in the second year of study also.
The motion was seconded by Councilman Honey and unanimously carried. Mayor Smoak
thereupon requested permision to appear before the County Commission and Lakes
Waterways Authority to present the city1s position and to seek their financial
assistance. Motion was made by Councilman Byrd, seconded by Councilman Cole and
carried that the request be granted. It was the desire of Mayor Smoak to
publicly state that his request was based on his involvement in the marshland study
from its inception, and in no way did it intend to restrict the participation of
the City Manager as he has been actively involved with the Mayor and the various
regulatory agencies since his employment with the city and has gradually taken over
as liaison to the Pollution Control Board.
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MINUTES
NQ 1477
APPROVAL OF BILLS
In lieu of the customary presentation of routine city bills for Council approval
prior to payment, it was the reommendation of City Manager Tiffany and Finance
Director Sanchez that the staff be given authorization to make payment as they
come due, and submit a monthly list of paid bills to Council for its information.
Motion was made by Councilman Byrd. seconded by Councilman Honey and carried that
the recommendation be granted.
SEWER EXTENSION BIDS
City Manager Tiffany reported on the receipt of two bids for the DeSoto Street
Sewer Extension as follows:
w. C. Marlow Construction, Lecanto
Carmichael Enterprises, Leesburg
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$7,775
$4,743
He advised that the bids were in order as examined by the City Engineer, and he
thereupon recommended that the low bid as submitted by Carmichael Enterprises be
accepted. Motion was made by Councilman Schroedel. seconded by Councilman Cole
and carried that the recommendation be accepted.
Following comment from the Chair that this project is based on $11.00 per lineal
foot with a recovery by the City @ 38%, inquiry was made from the floor as to the
reported percentage of recovery with property owners on either side of the street
participating in the cost. Mr. Tiffany advised this project was for a rear lot
sewer line with only the properties on one side of the street to be served by
it. Inquiry was still further made as to required participation by property
owners on both sides of the street whether or not there were to be served, and
City Attorney Baird was requested to research the matter for report back to
Council.
BANK PROPERTY OPTION
Mayor Smoak reported on the receipt of the option on the bank property this date
which had been accepted and executed by officials of the Exchange National Bank
for a time period of 60 days. City Manager Tiffany was thereupon requested to
fully investigate the structural condition of the building, i.e. electrical,
plumbing, air conditioning, roof, etc. for full report back to Council within a 30
day period; That following a review of the report, a determination would be made
whether or not to pursue the matter of obtaining architectural plans specifically
for use of the building in order that appropriate consideration can be given to
either exercise the option, or not exercise the option, to purchase.
EFFLUENT DISPOSAL COMPLIANCE SCHEDULE
An effluent disposal compliance schedule as required by State, County and Federal
regulatory agencies for treatment plant permits, was revised in line with the
suggestions as discussed in a work meeting with the city engineer, the researchers
on the marshland study project, and the representatives from the Pollution Control
Board, was presented for Council's consideration, and it was the recommendation
of City Manager Tiffany that the schedule be adopted and the City Engineer be
authorized to being eveluating disposal alternatives as called for in the schedule
under date of March 1978. Motion was made by Councilman Byrd, seconded by
Councilman Honey and carried that the recommendation be accepted.
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MINUTES
NQ 1478
VARIANCE REQUEST NOTIFICATIONS
It was the opinion of Mayor Smoak that when Council action is taken that will
affect private property other that the specific property that is involved, such
as the considerations of variance requests, that it be incumbent on the city to
notify the adjacent proeprty owners that such request has been made and state
the date and time that it shall be considered for grant or denial, and ,he
inquired of a recommendation by the City Manager on the matter. City Manager
Tiffany advised he was in full agreement with the Mayor's opinion, and would
implement such notification immediately as administrative policy pending pre-
paration of the necessary document' to amend the code of ordi~ances to provide
for same.
ORDINANCES
Councilman Honey offered and moved the adoption of AN ORDINANCE UNDER THE CODE
OF ORDINANCES OF THE CITY OF CLERMONT, CLOSING AND PERMANENTLY ABANDONING A
PORTION OF FOURTH STREET and the motion was seconded by Councilman Cole and
unanimously carried. The Ordinance was read for a second and final reading by
City Clerk Carroll, by title only, and upon roll call vote on passage of the
motion, the result was: Ayes: Honey, Byrd,Schroedel, Cole, and Smoak. Total
Ayes: Five. Nayes: None. So the Ordinance was adopted and the Number 109-M
assigned to it.
Councilman Honey offered and moved the adoption of AN ORDINANCE UNDER THE CODE
OF ORDINANCES OF THE CITY OF CLERMONT, AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF CLERMONT and the motion was seconded by Councilman Cole and unanimously
carried. The Ordinance was read for a second and final reading by City Clerk
Carroll, by title only, and upon roll call vote on passage of the motion, the
result was: Ayes: Byrd, Schroedel, Cole, Honey, and Smoak. Total Ayes: Five.
Nayes: None. So the Ordinance was adopted and the Number 168-C assigned to it.
ADMINISTRATION CHAPTER AND BUILDING REGULATION REVISIONS
Mayor Smoak announced a work meeting of Council to be held in the office of the
City Manager on Thursday, March 2nd at 7:30 P.M. to discuss proposed changes in
the administrative chapter of the Code of Ordinances, and building regulation
revisions.
There being no further business to be brought before the Council at this time, the
meeting was adjourned by Mayor Smoak at 9:30 P.M.
CIAUDE f!! ~
oo~~ ~RK
L I /1,1 0/ Sermon'
- a 1 West Gate Ploza • Clermont, Florida 32711 • Phone: (904) 394 -3141
May 11, 1973
Mr. Anthony F. Randazzo
Division of Sponsored Research
University of Florida
Gainesville, Florida 32611
Dear Mr. Randazzo:
The City of Clermont hereby accepts the research proposal
titled "Removal of Nutrients from Treated Municipal Wastewater
by Freshwater Marshes" dated April 18, 1978, submitted by Dr.
John Zoltek of the Center for Wetlands.
Sincerely,
Claude E: Smoak, Jr.
Mayor
CES:js
cc: Dr. John Zoltek
r. •
FLORIDA'S FINEST INLAND RESORT • RESIDENTIAL COMMUNITY
SHOULD COMPLETE BEFORE
RETURN ALL COPIES TO DSR WITH PROPOSAL SIGNATURES ARE OBTAINED.
DEADLINE DATE 4 /18/78
UNIVERSITY OF FLORIDA (Date Proposal Must Be Received By Granting Agency)
Gainesville; Florida 32611
SEND NOTICE OF AWARD TO
RESEARCH f9X DIVISION OF SPONSORED RESEARCH
APPROVAL OF PROPOSAL TRAINING ❑ 219 Grinter Hall
OTHER ❑
(Check One) _ AR11 L 18- 1378.. _ _ _ _
DATE
Title ofiProposal Removal of Nutrients from Treated Municipal Wastewater by Frechmatnr Marshes
Submitted To: (Agency) City of Clermont
(Division)
(Program)
University Unit Responsible for Research or Training and the Unit
ro Receive the Appropriate Indirect Cost Return Approval by Dean or Director:
Center for Wet IAnylc
NAME: M. SmutZ
TITLE:
Assoc. Dean, College of Engineering,
Approval by Dean or Director:
Prir ipI nve r: -oji i t tor) (If more than one)
� z, +Ii
_ 1 _ ��_i, `
rr . _
N.E: `ru ' Z Jr‘ NAME:
TI TE EPHO H E: E S5 : OCI e Professor TITLE:
a
904/392 - 2424 Approval by Vice - President Health•Affairs
Co-Principal Investigator: (If Applicable) • (For All Projects Involvingi.H.M.H.C. Personnel)
NAME: NAME:
TITLE: TITLE:
TELEPHONE:
Approval by Vice - President Academic Affairs
Department H . (For All Projects Emanating From Research Centers)
•
NAME: E.E .Pya`r NAME:
TITLE: TITLE:
Chairman, Dept. of Environmental •
Departmen ad tr` �Erg GAF olved) Official uthorized to Sign fo the University (Leave Blank)
NAME: ri• I Oa m ob Ant on F. Randazzo, ssistant Director
TITLE: DIVISION OF SPONSORED RESEARCH
Director, Center for Wetlands UNIVERSITY OF FLORIDA
904- 392 -4800
P.I. Check one:
SEND ALL CORRESPONDENCE RELATING TO:
Grant Administration: NEW
of Sponsored Research for negotiation NEW h�C
Fiscal Matters: BIBS Financial Office
RENEWAL ❑
SCir,nlll iG M atu,rs: Or John Zoitek
CONTINUATION ❑
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15 Month Budget
May 22, 1978 - August 21, 1979
Salaries and Wages:
Principal Investigator, J. Zoltek, Jr. 20 FTE $ 7,420'.00
S. Bayley l0% FTE 2,639.00
Secretarial - Clerical 13% FTE 1,474.00
Student Wages and Casual Labor 26,500.00
Subtotal $38,033.00
Fringe Benefits and Hospitalization $ 2,121.00
Total Salaries, Wages, and Fringe Benefits $40,154.00
Overhead at 29% $11,645.00
Subtotal $51,799.00
Consultant - Virus Analysis $ 500.00
Permanent Equipment $ 1,500.00
Expenses:
Travel `' • $ 2,500.00
Report Publication $ 1,000.00
Expendable Supplies, Materials, Telephone, Postage, etc. $ 2,696.00
Dept. of Administration Assessment of $9 /Qtr /FTE on
Career Service Personnel $ 5.00
TOTAL $60,000.00 ,
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CENTER FOR WETLANDS!, Gainesville, Florida 32611
' 904- 392 -2424
UNIVERSITY OF FLORIDA • '� °° "�
Phelps Lob r April 18, 1978
The Honorable Claude E. Smoak
Mayor, City of Clermont
i Westgate Plaza
Clermont, Florida 32711 -
Dear Claude:
As discussed with you and Gordon Tiffany, enclosed is a revised
budget for our proposal to continue the Nutrient Uptake study which
was transmitted September 13, 1977. You will recall this budget
change was necessitated because the Environmental Protection Agency
was unable to fund a portion of the study.
All other port: ions of the proposal remain the same.
Sincerely,
Il
1t/
(hn Zol 7k, Jr, .E., Ph.D.
Associate Professor
JZ /vd
Encl.
) ,,,:
EQUAL CMPLOYMENT OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER
Tavares on Friday, which he and Mr. Henry Czech would be attending, at which time
a report will be given by the survey crew assigned through the State Department of
Community Affairs.
PAYMENT OF BILLS
Motion was made by Councilman Honey, seconded by Councilman Cole, and carried
that the bills be paid. A copy is attached hereto.
BEACH HOUSE LEASE
City Manager Tiffany advised that the present lessee of the snack bar at the
Jaycee, Beach had dis- continued her business, but the lease would not expire until
the latter part of April, and in lieu of advertising for bids 'on a straight lease
as now exists, he inquired of Council's consideration to a concession agreement
which he felt would give the city more control and flexabil.ity in administering the
agreement with whomever would be running the operation In behalf of the city. It
was the opinion of Mayor Smoak, and Council was in agreement, that two major con-
cerns of the city in the operation of that facility would be the cleanliness of
both the inside restautant facilities and the outside which would .include the
sanitary restroom facilities, and, that the operation be run relative to and com-
patible with the public clientele that uses the facilities the most, that being
primarily the youth. City Manager Tiffany, in conjunction with City Attorney Baird
was requested to prepare some guidelines based on their recommendations, to achieve
such an agreement, and submit them for Council's consideration at the next meeting.
It was further suggested that this matter be discussed with any potential lessee
of the facility for any comment which they might offer that would be helpful. to
Council in their consideration.
MARSHLAND STUDY
City Manager Tiffany advised that Dr. Zoltek had revised the cost estimate for
the second year of marshland study to be in line with the suggestions for change as
presented by Ted Wicks, Lake County Pollution Control Director, and the cost
estimate is now at $60,000 which provides for the extra work as suggested and some
absorption of overhead costs by the University of Florida. Based on the one -third
cost each participant for the first year of study, it was the recommendation of
the Mayor, and he thereupon so moved, that the city commit an additional $5000
to the $15,000 previously committed for the second year of study, prior to en-
couraging the other two agencies to participate in the second year of study also.
The motion was seconded by Councilman Honey and unanimously carried. Mayor Smoak
thereupon requested permision to appear before the County Commission and Lakes
Waterways Authority to present the city's position and to seek their financial
assistance. Motion was made by Councilman Byrd, seconded by Councilman Cole and
carried that the request he granted. It was the desire of Mayor Smoak to
publicly state that his request was based on his involvement in the marshland study
from its inception, and in no way did it intend to restrict the participation of
the City Manager as he has been actively involved with the Mayor and the various
regulatory agencies since his employment with the city and has gradually taken over
as liaison to the Pollution Control Board.
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