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HomeMy WebLinkAbout08-16-88 WS . e - CITY COMMISSION WORKSHOP AUGUST 16, 1988 The meeting was called to order by Mayor Ison at 6:07 p.m. commission chambers. in the PRESENT: Mayor Ison, Commissioners Bateman, Dabbs, Hager, and Johnson, City Manager Ryan, Assistant City Manager Dennis Finch, City Attorney Rosenthal, and Acting City Clerk Jean Grafton. ABSENT: None FLORIDA COMMUNITY SERVICES - CENTRAL WASTEWATER SYSTEM DISCUSSION Jlm Tanck, President of the Florida Community Services Corp., presented a "Proposal For A Central Wastewater System For the Municipal Service Area of The City of Ocoee, Florida" which is on file. The proposal, put briefly, includes (1) eliminating the current capacity deficiency, (2) relocating fro~ the A D Mims Road sewage treatment facility, and (3) providing for the long- term needs of the wastewater system. FCSC would develop, finance, construct, and operate a central wastewater system for the City of Ocoee with the City serving as sponsor of the project. Mayor Ison said he was not comfortable with the numbers in the proposal, that they were projections and the City has to take them for what they are. He said that Mr. Tanck could not be held to them because he made the projections from the best information available, but he still was not comfortable with the numbers. Commissioner Dabbs asked about Mr. Tanck's company's success rate. Mr. Tanck described some of the particulars of one of his current project~ and said that in Kissimmee to date they have sold in excess of 850,000 gallons and the sale began May 1, 1988 and will end the end of August. He said that by the time it's all completed they will have sold about 1,300,000 gallons capacity. He said that the Kissimmee ratio is higher than the one for Ocoee and the circumstances are somewhat different. During the ensuing conversations regarding the advisability of relocating, length of time to become operational, and financing, Mayor Ison asked Mr. Tanck if he had received a copy of the letter from Mr. Rosenthal to the Commissioners, and Mr. Tanck advised that he had not. City Manager Ryan explained that the letter had been addressed to him and he did not take the liberty to send it to Mr. Tanck without direction from the commissioners. At Mayor Ison's request he handed a copy of the letter to Mr. Tanck and Mayo~ Ison said that under the circumstances he would not ask Mr. Tanck to comment on the letter with such short notice. Mr. Rosenthal advised that he had discussed the matter with Financial Consultant Stanley Cohen and his response to a question regarding the structuring of Barnette's financing was (1) that at first he had questioned whether the System had a track record of success in the bond market, (2) that he would prefer to deal directly with the bank rather than with a trustee who has a fiduciary duty to the bond holders, (3) that letters of credit would work more effectively with the bank than working with the bond market. City Manager Ryan interjected here that the bank had written the bonds so that when another loan was sought you would come back to talk to them. e e - Page 2 City Commission Workshop August 16, 1988 Commissioner Dabbs pointed out that the crunch of time had a lot to do with the way the issue was structured. Mr. Tanck said that whatever the City decides to do, it would be appropriate to re- look at that as it was a good short term solution, but as the City moves into a master planning situation a different type of financing would be worth looking at. Commissioner Dabbs said he was uncomfortable with the October 1st takeover and permitting. Mr. Tanck explained that he had chosen the October 1st date because it was the beginning of the fiscal year and that permitting, as well as the location, were policy questions for the Commission to handle. CHARTER REVISION COMMITTEE Chairman Beatty started his presentation at 6:54 p.m. with brief descriptions of the changes to the original packet. In Article 2 the verbage was simplified. In Sub-Section 1 the reference to municipal court was removed because municipal courts have been abolished. In Section 2 (new Section 1) the language was cleaned up. In old Section 3 (new Section 2) there were substantial enhancements for public hearing notices, in order to provide the citizens with aD opportunity to study an issue before the date commission will be voting. Old Section 4 was deleted in order to defer to state statutes on that point. In old Section 5 (new Section 3) there were ffilnor technical enhancements. Old Section 6 (new Section 4) was cleaned up. Old Section 7 (new Section 5) had no changes. Old Section 8 (new Section 6) was cleaned up. In Section 9 (new Section 7) seven day public notice was added as well as a provision to waive that notice for emergency situations. In old Section 10 (new Section 8) the language was cleaned up. In old Section 11 (new Section 9) there were no changes. Old Section 12 was deleted. Old Section 13 (new Section 10) was enhanced. In old Section 14 (new Section 11) was cleaned up. In Section 15 (new Section 12) there were technical enhancements. In Section 16 (new Section 13) there were minor technical enhancements. In Section 17 (new Section 14) the language was cleaned up. Section 18 was deleted in favor of state statutes. In Section 19 (new Section 15) minor technical enhancements were made. In Section 20 (new Section 16) language was cleaned up. In Section 21 (new Section 17) a minor technical enhancement was made. Chairman Beatty noted here that an error in the draft of 7/27 has been corrected. In Section 22 (new Section 18) there were no changes. Section 23 was deleted. Section 24 (new Section 19) was unchanged. Section 25 (new Section 20), regulation of railroad crossings had minor technical enhancements. In Section 26 (new Section 21) there were minor enhancements. Sections 27, 28 and 29 were deleted. In Section 30 (new Section 22) there were minor enhancements. Sections 31 and 32 were deleted. In Section 33 (new Section 23) the language was cleaned up. In Section 34 (new Section 24) the language was cleaned up. Sections 35 and 36 were deleted. In Section 37 (new Section 25) the language was cleaned up. Sections 38 and 39 were deleted.In Section 40 (new Section 26) the language was slightly changed. There was no change in Section e e e Page 3 City Commission Workshop August 16, 1988 41 (new Section 27). In Section 42 (new Section 28) the language was cleaned up with minor enhancements. Section 43 (new Section 29) had minor enhancement. Section 44 (new Section 30) was unchanged. In Section 45 (new Section 31) there were minor enhancements and the language was cleaned up. In Section 46 (new Section 32) the language was cleaned up. Section 47 (new Section 33) was enhanced and the language was cleaned up. Section 48 (new Section 34) was unchanged. Section 49 was deleted. In Section 50 (new Section 35) the language was cleaned up. Section 51 was deleted. About half way through the presentation Mayor Ison interjected a remark that the City had elected to not be a part of the natural gas district and any time the commissioners are ready to opt it in they should see that it gets on the agenda. Chairman Beatty asked if there were any questions regarding the changes just reviewed. Mayor Ison asked about the City's ability to regulate the sale of alcoholic beverages as far as changing hours and days for sale, et cetera. Chairman Beatty said they felt it was better that the Commission do those things by ordinance. Chairman Beatty stated that the board had tried to keep a lot of detail out of the Charter. Chairman Beatty called commission's attention to the article on balancing the budget, which commission had requested be reworded to positive rather than negative mode. A discussion was held on the Florida Code of Ethics. Commissioner Bateman said that the Florida Code of Ethics has been challenged at least twice that he remembers. Mr. Rosenthal stated that the entire sentence could be removed and it would not matter because if a violation occurs, and it's grounds for removal, it is going to be grounds for removal regardless what the Charter says. The Charter Revision Committee agreed to use language in this section that would indicate due process in the event there was an alleged violation. Mr. Beatty then went on to a discussion of Section 10 regarding single member districts and four year terms of office. Mr. Rosenthal stated that the target for the new Charter is the November ballot, and in order to provide the information to the elections office in time it would be necessary to have the first reading at their next Commission meeting and the second reading in September. Mayor Ison called for a break at regularly scheduled meeting. 7:35 p.m. before beginning ~~~ the Mayor Ison A A