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HomeMy WebLinkAbout10-22-85 WS . . .. 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 1 . . . SPECIAL SESSION MEETING OCTOBER 22, 1985 PAGE 3 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 ? . . . 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 $37,000.00 budgeted. The legal fees will be minimal, until we reach the point that we have to fight someone for a right-of-way, or something similiar. Comm. Cox moved to adjourn the Special Session, Comm. Bateman ~ . I. . SPECIAL SESSION OCTOBER 22, 1985 PAGE 4 seconded, and the vote carried unanimously. The meeting adjourned at 8:45 p .m..$ e ~ MAYOR ISON ATTEST: ~ DEPUTY CLERK LOUDIS 11