HomeMy WebLinkAbout10-22-85 WS
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MINUTES OF THE SPECIAL SESSION HELD OCTOBER 22, 1985
PRESENT: Mayor Ison, Commissioners Cox, Hager, Bateman and
Rodgers, City Attorney Lang, City Engineer Kelley, City Clerk
Catron, and Deputy Clerk Louloudis.
ABSENT: None.
Mayor Ison called the Special Session to order at 7:35 p.m..
Mayor Ison dispensed with the prayer and the Pledge of
Allegiance.
DISCUSSION - PRIMA VISTA UTILITIES
Mr. Kelley stated he contacted Dr. John Garlinger, Ardaman &
Associates, for the third party recommendation the Commission
asked for. Dr. Garlinger preliminarily predicted the figures
based on the information supplied in the previous reports.
Mr. Kelley asked him in his independent view, what the plants
were capable of disposing, and if he could determine if the
figures would be any better than what Jamal studies showed.
Mr. Kelley wanted to come back before the Commission before
giving Mr. Garlinger the authorization to do a full in-depth
analysis. Mr. Garlinger felt even with additional
improvements the numbers would not be as high as Jamal
studies showed. Jamal & Associates did the preliminary study
for the City, and Professional Engineering Consultants did
the follow up studies. Both plants use a rapid infiltration
system. Jamal & Associates preliminary study predicted the
main site to perc in the .8 to 1.1 mgd range, and the 40 acre
site to perc 300,000 gallons per day; these are the most
favorable ranges. Dr. Garlinger's preliminary prediction for
the main site was 800,000 gallons per day, and the 40 acre
site to perc 200,000 gallons per day. Prima Vista's study,
performed by Universal, suggested the main site would perc
1.75 mgd, and the 40 acre site to perc 950,000 gallons per
day. Mr. Kelley added that they would be glad to do soil
borings, and additional data would be needed to do a final
design, although the figures would probably not reach as high
as those by Jamal & Associates. Mr. Kelley stated the
figures are relatively good similar figures, and he did not
think the spread was too wide.
Mr Ira Johnson asked when would someone find out there is a
problem with the perculation. The problem would arise after
the fact of a transaction; land could be purchased to resolve
the problem, if the land needed was available and feasible.
Mr. Johnson asked what the formula is that the engineers use
to calculate how many gallons will perce It is a complex
technical equation, and all engineers do not use precisely
the same computations, or figures. Mr. Kelley's opinion is
negative, the figures just do not work. Comm. Rodgers asked
how the figures could be so radical, when each company looked
at the same soil borings. Mr. Kelley stated they are looking
at one sample and trying to perdict how many gallons will
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SPECIAL SESSION MEETING
OCTOBER 22, 1985
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perc on the entire property. Comm. Rodgers asked Mr. Kelley
if he knew anything about Universal. Mr. Kelley did not want
to say anything about Universal and stated he did not know
anything about the company. Mr. Johnson stated the forty
acre tract is permitted, and they are at Orange County. Just
because an agency permits a site does not mean that site will
not have deficiencies. Mayor Ison stated it is not uncommon
to have descrepancies among professionals.
Comm. Cox stated the ERU's available are somewhere between
3300 to 4600, which is not enough. Comm. Cox felt the last
offer was better than the current offer, and therefore he
felt he could not accept the offer. Comm. Cox added that
three times P.V.U. has made 'final' offers, therefore let's
leave it alone. Comm. Bateman had the same feelings as Comm.
Cox, stating he could not allow the City of Ocoee to operate
the plant for Prima Vista. Comm. Hager also agreed, stating
the figures did not add up, and there is no way the City can
purchase the plant. Comm. Rodgers stated there was too much
guess work, there just isn't enough information supplied to
make a decision. Comm. Cox moved to: 1. get a court
injunction against P. V. U. to stop selling the ERU's. 2.
get a court injunction to stop P. V. U. from operating
without a franchise agreement with the City. and 3.
authorize Mr. Kelley to pursue the possibility of expanding
the Industrial Park Plant. Comm. Bateman seconded. In
discussion, Comm. Rodgers stated the City of Ocoee did not
have enough money in the bank to fight Prima Vista, and they
will go down Highway 50 corridor. Furthermore, Comm. Rodgers
doubted whether the City could get an injunction to stop
them, as we would have to prove they could not handle the
addtional connections. Atty. Lang agreed with Comm. Rodgers,
stating if the property is already permitted it would be
difficult for the City to get an injunction. Atty. Lang
stated it would be a long and expensive legal battle. The
City can not service the area, therefore we will not be able
to get an injunction to stop them. Mr. Kelley stated the
City would be able to expand the Industrial Park plant. If
the land owners, Orange County, and DER cooperate, the City
might be able to get a plant. Atty. Lang stated the City
needs to decide what we perceive as our area, designate that
area, and then start preliminary studies. Comm. Cox felt
something should be done, the City should take a stand, and
stick to it. Comm. Bateman was concerned about how much
money the City has spent already just reviewing and reviewing
the offers, etc.. Comm. Bateman withdrew his second, and
Comm. Cox withdrew his motion. Comm. Rodgers pointed out the
City's options. 1. Purchase Prima Vista Utilities 2.
Build our own plant. 3. Or just wait and Orange County will
get us. Either way it is going to cost a lot of money. Comm.
Bateman moved to disregard the letter, dated 10-15-85, and
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SPECIAL SESSION
OCTOBER 22, 1985
PAGE 3
not send a response. Comm. Cox seconded, and the vote
carried with Comm. Hager, Cox, and Batemam voting yeh, and
Comm. Rodgers voted ney. Comm. ROdgers polled the
Commissioners and the Mayor; asking them if they wanted to
get into the sewer business; the answer was unanimously yes.
Atty. Lang stated that Prima Vista is limited to their
certificated area, they have to ask for expansion of their
certificated area, which Ocoee could object to once we have
our plant, therefore if the City gets into the sewer business
by building their own plant, we will be headed for a major
confrontation. Comm. Cox clarified that the City did not
shut the door on Prima Vista; although the Commission
realized Prima Vista would not make another offer. Comm. Cox
moved to authorize Mr. Kelley to do a feasibility study on
the expansion of the Industrial Park plant, and come up with
some reasonable figures. The motion died for lack of a
second. Comm. Bateman suggested to looking at all the
avenues, not only the expansion of our own plant. Atty. Lang
recommended, if Ocoee wants a plant, to get a feasibility
study done, look and see who we can service, sell our
connections to finance the plant, and move toward the area we
want to service. Mr. Ira Johnson stated that Prima Vista is
already certificated for the Highway 50 corridor, their lines
go down Clark Road to Highway 50 and west on 50, on both
sides of the road. Comm. Cox moved to direct staff including
the City Engineer, to report back to the Commission with a
proposal, showing how the City of Ocoee can get into the
sewer business, showing the alternatives available for
getting into the sewer business, as well as cost estimates
with ball park figures to get into the sewer business, Comm.
Bateman seconded, and the vote carried with Comm. Cox,
Bateman, and Hager voting yeh, and Comm. Rodgers voting ney.
Comm. Rodgers asked how much the feasibility study will cost.
Mr. Kelley stated he would need more detailed information,
the specific tracts of land, how much pipe, etc. Mr. Kelley
stated we would need to meet with prospective developers,
land owners, and Orange County. Mr. Kelley will try to get
an up-to-date map of the certificated area of Prima Vista
Utilities. Mr. Kelley stated they will work on an hourly
basis, and they will do a desk top feasibility study to
start. Mr. Kelley estimated for a 500,000 gallon .to one and
a half million gallon plant. The study will cost
approximately $20,000.00 to $35,000.00 dollars. Mr. Kelley
stated he had some good ideas on how to get into the business
without a bond issue. Comm. Rodgers questioned where we
would get the money for the study. Mayor Ison suggested the
Contingency Fund, which has $37,000.00 budgeted. The legal
fees will be minimal, until we reach the point that we have
to fight someone for a right-of-way, or something similiar.
Comm. Cox moved to adjourn the Special Session, Comm. Bateman
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SPECIAL SESSION
OCTOBER 22, 1985
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seconded, and the vote carried unanimously.
The meeting adjourned at 8:45 p .m..$ e ~
MAYOR ISON
ATTEST:
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DEPUTY CLERK LOUDIS
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