1992-03-20 Morell to DCA 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
March 20, 1992
Hand Delivery
Karen Brodeen
Assistant General Counsel
Department of Community Affairs
2740 Centerview Drive
Tallahassee, Florida 32399
Re: DCA v. City of Okeechobee, DOAH Case No. 91-5962GM
Transmittal of Stipulated Settlement Agreement Executed
by City of Okeechobee
Dear Karen:
The purpose of this letter is to confirm the details of our
telephone conversation on March 13, 1992 and to transmit to the
Department the City's executed originals of the Stipulated
Settlement Agreement in the above-referenced case.
Enclosed please find five (5) originals of the Stipulated
Settlement Agreement which have been executed by officials from the
City of Okeechobee.
The executed agreement is identical to the draft settlement
agreement you transmitted to City Attorney John Cook on January 31,
1992 with one exception. The executed agreement adds language to
the definition of the terms "in compliance" and "into compliance" ,
which are provided for in Paragraph 1.e at pages 1 and 2 of the
executed agreement. The added language more precisely reflects the
definition of the term "in compliance" as that term is defined in
Section 163 . 3184 ( 1) (b) , Florida Statutes. It does this by adding
the following phrase with regard to consistency with Rule 9J-5,
F.A.C. : "where such rule is not inconsistent with Chapter 163, Part
II , Florida Statutes. "
When I spoke to you about this proposed change during our
conversation on March 13, 1992 you stated that you would have no
objection to the change and would recommend to Secretary Sadowski
that he execute the agreement with the agreed upon change to the
definition.
Karen Brodeen
March 20, 1992
Page Two
It is my understanding that you will now file an agreed upon
motion for continuance with the hearing officer which will stay
the administrative proceedings while the City proceeds to amend its
plan as contemplated in the agreement.
Please contact me immediately if I have misstated or
misunderstood the substance of our conversation on March 13th
regarding this change and your intention to file an agreed upon
motion for continuance.
Part I, paragraph 19 of the agreement provides : "Within 60
days after the effective date of this agreement the City shall
deliver to the Department, after a transmittal public hearing. . .all
remedial plan amendments and support documents . . . " Therefore,
please inform me of the exact date which the Secretary executes the
agreement so that the City may determine the exact effective date
of the agreement for purposes of complying with paragraph 19 . I
would also appreciate it if you would provide me with an original
of the signed agreement after the Secretary executes it.
Karen, I have enjoyed working with you on this case and I look
forward to continuing to work with you and the Department until a
final order is entered finding the City of Okeechobee ' s plan to be
"in compliance" .
With best personal regards, I am
Sincerely,
14.4104,, h41,(),Q
Michael Wm. Morell
Enclosures
cc. Lester Jennings, Esquire (counsel for intervenors) (without
enclosures)
John Cook, City Attorney (without enclosures)
John Drago, City Administrator (without enclosures)