1992-04-04 Morell to Drago J
MICHAEL WM. MORELL
ATTORNEY AT LAW
310 WEST COLLEGE AVENUE
ADMINISTRATIVE AND GOVERNMENTAL LAW TALLAHASSEE, FLORIDA 32301-1406 ALSO ADMITTED IN THE
ENVIRONMENTAL AND LAND USE LAW DISTRICT OF COLUMBIA
(904) 425-8300
(904) 425-8301 FACSIMILE
April 4 , 1992
John Drago
City Administrator
City of Okeechobee
55 Southeast Third Avenue
Okeechobee, Florida 34974
Re: DCA v. City of Okeechobee, DOAH Case No. 91-5962GM;
City of Okeechobee Comprehensive Plan Compliance
Proceedings
Dear John:
Enclosed please find a copy of the Stipulated Settlement
Agreement (without exhibits A or B) which has been executed by
Secretary Sadowski in the above-referenced matter. The original of
the signed agreement was sent to John Cook by DCA Counsel Brodeen.
Please note that the effective date of the agreement is March
27 , 1992 - the day that Secretary Sadowski signed it. The City now
needs to complete its transmittal public hearing on the agreed upon
amendments before it transmits them to DCA. According to Paragraph
19 of the agreement, the deadline for the Department to receive the
transmitted amendments is 60 days after the effective date of the
agreement, or May 26 , 1992 .
Also enclosed is a copy of a letter dated April 4 , 1992 to DCA
from me requesting the Department' s approval to allow the City to
use the provisions of a new statute which will only require one
public hearing rather than two.
However, whatever the Department decides, according to the
public participation procedures in the City' s existing adopted
plan, it appears that it will be necessary for the City Council
sitting as the land planning agency (LPA) to conduct at least one
public hearing and perhaps a workshop before it recommends the City
Council adopt the amendments sitting as the governing body of the
City.
Therefore, I suggest that you reserve time and space at the
April 21, 1992 meeting to conduct the public hearing with the
Council convened as the LPA. After that public hearing, the LPA
can then recommend to the Council sitting as the governing body
that it adopt the amendments . The Council sitting as the governing
body can then schedule its public hearing on either May 5, 1992 or
May 19, 1992 .
John Drago
April 4, 1992
Page Two
The City will need to prepare ordinances for adoption of the
amendments when they are finally presented to the Council for
adoption after the noticed public hearing is conducted. By copy of
this letter to City Attorney John Cook, I am requesting that if he
would like me to assist him in drafting said adoption ordinances
for the City that he inform me as soon as possible and I will do
so. If I do not hear from John, I will assume that he will be
handling the matter by himself .
I will get back to you with suggested draft notices for the
newspaper and suggested agenda items for the LPA workshop as soon
as I hear from DCA. In the meantime, reserve at least part of the
April 21st council meeting for the LPA workshop. The materials you
will need in the LPA/Council Members notebooks is a copy of the
original agreement, including with exhibits A & B, which you may
obtain from John Cook' s office.
With best personal regards, I am
Sincerely,
UJa1.a
Michael Wm. Morell
MWM:mm
Enclosures
cc . John Cook, City Attorney (without enclosures)