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1993-06-17 PROPOSED Stip. Agree. City/DCA/County ' r o STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS CITY OF OKEECHOBEE, ) ) Petitioner, ) ) vs. ) DOAH Case No. 92-4909GM ) DCA Case No. 91-NOI-4701-1 DEPARTMENT OF COMMUNITY AFFAIRS, ) ) Respondent, ) ) and ) ) OKEECHOBEE COUNTY, ) ) Intervenor. ) STIPULATED SETTLEMENT AGREEMENT BETWEEN CITY OF OKEECHOBEE, DEPARTMENT OF COMMUNITY AFFAIRS AND OKEECHOBEE COUNTY Petitioner City of Okeechobee ("City" or "Petitioner"), Respondent Florida Department of Community Affairs ("DCA", "Department" or "Respondent") and Intervenor Okeechobee County ("County" or "Intervenor") hereby stipulate and agree as follows: 1. Definitions. As used in this agreement, the following words, phrases and acronyms shall have the following meanings: a. Act: The Local Government Comprehensive Planning and Land Development Regulation Act, as codified in Part II, Chapter 163, Florida Statutes (1992 Supplement). b. Agreement: This stipulated settlement agreement. c. Comprehensive Plan or Plan: The Okeechobee County Comprehensive Plan, as adopted by Ordinance No. 92-05 on April 2, 1992 and received by DCA on May 7226-4839 Joint City/County Proposal 6/17/93 1 29, 1992. d. DOAH: The Division of Administrative Hearings. e. In compliance or into compliance: Consistent with Sections 163.3177, 163.3178 and 163.3191, Florida Statutes, Section 187.201, Florida Statutes, the applicable regional policy plan, and Chapter 9J-5, Florida Administrative Code. f. Petition: The petition for administrative hearing and relief filed by the City in DOAH Case No. 92-4909GM. g. Stipulated Action:A stipulated plan amendment,submission of support document or other action described in this agreement as an action which will be completed by the County to avoid further costly, lengthy and unnecessary litigation arising out of the adoption of the plan. h. Stipulated Plan Amendment: An amendment to the plan or support document, the need for which is identified in this agreement and Exhibit "A", and which the County must adopt to complete all stipulated actions. Plan amendments adopted pursuant to this agreement must, in the opinion of the Department and the City, be consistent with and substantially similar in concept and intent to the ones identified in this agreement or be otherwise acceptable to the Department and the City. i. Support Document: The studies, maps, surveys, data, inventories, listings or analyses used to develop and support the plan or plan amendment. 2. Entire Agreement. This is the entire agreement between the parties and no verbal or written assurance or promise is effective or binding unless included in this document. 3. Approval by County Governing Body. This agreement has been approved by the County's governing body at a public hearing advertised in an advertisement published 7226-4839 Joint City/County Proposal 6/17/93 2 at least 10 days prior to the hearing in the manner prescribed for advertisements in Section 163.3184(15)(c), F.S. This agreement has been executed by the appropriate officer or representative of the parties as provided by law, charter or regulation. 4. Changes in Law. Nothing in this agreement shall be construed to relieve any party from adhering to the law. 5. Attorney Fees and Costs. Each party shall bear its own costs, including attorney fees. 6. Effective Date. As to the County and the City, this agreement shall become effective upon the last date of execution by either the County or City. As to the DCA, this agreement shall become effective upon the date of its execution by the Department. 7. Purpose of Agreement. The City, the Department and the County enter into this agreement in a spirit of cooperation for the purpose of: (a) recognizing certain modifications or changes to the plan; (b) recognizing the City's interests; (c) recognizing the desire for the speedy and reasonable resolution of the disputes between the City, the Department and the County arising out of or related to the County's adoption of the plan; and (d) avoiding costly, lengthy and unnecessary litigation arising out of the adoption of the plan. 8. Exhibits. Exhibit A is hereby incorporated by reference into this agreement. 9. Negotiation of Agreement;Intent. The County adopted the plan April 2, 1992 and submitted the plan to the DCA on May 29, 1992. On July 10, 1992, the Department issued notice of its intent to find the plan in compliance. On August 3, 1992, the City filed 7226-4839 Joint City/County Proposal 6/17/93 3 . . a petition with DOAH challenging the Department's preliminary determination to find the plan in compliance. Subsequent to the filing of the petition, the parties conferred and agreed to resolve the issues in Case No. 92-4909GM. It is the intent of this agreement to resolve fully all issues between the parties in Case No. 92-4909GM. 10. Dismissal Recommendation. If the County completes the stipulated actions required by this agreement, including the adoption of the required plan amendments as set forth herein and in Exhibit "A", the Department, after consultation with the City, shall issue a notice of intent to find the plan amendments in compliance. The Department shall file the notice of intent with DOAH along with a motion joined by the City and County that DOAH relinquish jurisdiction of Case No. 92-4909GM. 11. Filing and Continuance. This agreement shall be filed with DOAH by the City after execution by the parties. Upon the filing of this agreement, the final hearing scheduled to begin on October 4, 1993 shall be continued in accordance with Section 163.3184(16), Florida Statutes. 12. Retention of Right to Final Hearing; No Waiver. All parties hereby retain the right to have a final hearing in this proceeding in the event of a breach of this agreement, and nothing in this agreement shall be deemed a waiver of such right. Nothing in this agreement shall be deemed or construed to be a waiver of any rights, causes of action, defenses, or remedies which any party may have with respect to any judicial or administrative challenges to the plan. Nothing in this agreement shall be deemed or construed to require any party to exhaust any administrative or judicial remedy prior to exercising any other said remedy which that party may have. 13. Description of Agreed Upon Plan Amendments and Stipulated Actions: Legal Effect of Agreement. Exhibit "A" to this agreement contains stipulated actions and 7226-4839 Joint City/County Proposal 6/17/93 4 • amendments to the plan which the parties agree are needed to settle the above referenced administrative action. This agreement constitutes a stipulation that if the stipulated actions are accomplished, the plan as amended will be in compliance. 14. Stipulated Actions to be Considered for Adoption by the County. The County agrees to consider for adoption by formal action of its governing body all stipulated actions described in Exhibit "A" no later than the time period provided for in this agreement. 15. Adoption or Approval of Stipulated Plan Amendments by the County. Within 30 days after the execution of this agreement by the parties, the County shall consider for adoption all stipulated plan amendments and amendments to the support documents. This may be done at a single adoption hearing pursuant to section 163.3184(16)(d). Within 10 working days after adoption of the plan amendment, the County shall transmit 10 copies of the amendment to the Department as provided in Rule 9J-11.011, Florida Administrative Code. The County shall also submit copies to the City, the Central Florida Regional Planning Council and to any other unit of local or state government that has filed a written request with the County for a copy of the plan amendment. The amendment shall be transmitted to the Department along with a letter which describes the stipulated action adopted for each part of the plan and support documents amended, including references to specific portions and pages. 16. Acknowledgement. All parties to this agreement acknowledge that neither the provision requiring the Department's participation nor the "based upon"provision in Section 163.3184(8), Florida Statutes, apply to the stipulated plan. 17. Review of Stipulated Plan Amendments and Notice of Intent. Within 45 days after receipt of the adopted stipulated plan amendments and support documents, the Department shall issue a notice of intent pursuant to Section 163.3184, Florida Statutes, for 7226-4839 Joint City/County Proposal 6/17/93 5 the adopted plan amendments in accordance with this agreement. 18. In Compliance. If, after consultation with the City, the Department determines that the adopted stipulated plan amendments are consistent with and substantially similar in concept and intent to this agreement, the Department shall issue a notice of intent addressing the plan amendment as being in compliance and in satisfaction of the plan amendment portion of this agreement. The Department shall file this notice with DOAH and shall move to have DOAH relinquish jurisdiction of this case to the Department. In the event that the City believes that the plan amendments are not consistent with or substantially similar in concept and intent to the agreed upon amendments to the plan as provided in Exhibit "A", the City reserves the right to oppose any motion to relinquish jurisdiction and further reserves the right to request that the final hearing be rescheduled. In the event that DOAH relinquishes jurisdiction of the case, the Department shall issue a final order finding the plan amendment in compliance. 19. Not in Compliance. If the plan amendments are not adopted, or if they are not consistent with or substantially similar in concept and intent to the agreed upon amendments to the plan as provided in Exhibit "A", the Department reserves the right to issue a notice of intent to find the plan amendments not in compliance. In such an event, the Department shall forward the notice to DOAH for a hearing as provided in Subsection 163.3184(10), Florida Statutes. 20. Effect of Plan Amendment. Adoption of any stipulated amendment to the plan shall not be counted toward the frequency restrictions imposed upon plan amendments pursuant to Section 163.3187(1), Florida Statutes. 7226-4839 Joint City/County Proposal 6/17/93 6 21. Further Challenges: Dismissal of Petition. In the event that any further Section 163.3184(9) challenges to the plan amendments are initiated, and upon certification by the Department, concurred in by the City, that such challenges to the stipulated plan amendments have been finally resolved, the City shall file a voluntary dismissal of their petition in Case No. 92-4909GM with DOAH. In the event that any person challenges the stipulated plan amendments, and the Department or the County agree to further changes in the agreed upon amendments or to enter into a stipulated settlement agreement with said challengers, the City reserves the right to participate in said challenge and settlement proceedings, and the Department and the County agree to provide the City with written notice of any intent to enter into any stipulated settlement agreement at least 20 days prior to such action by the Department or the County. The Department and the County further agree to incorporate this stipulated settlement agreement by reference into any subsequent settlement agreement which they may enter concerning subsequent challenges to the stipulated amendments to the plan. The City further specifically reserves its right to amend its petition in Case No. 92-4909GM or to exercise any other judicial or administrative remedy challenging the plan in the event that any existing party or other person challenges the agreed upon language in Exhibit "A" or that the Department or County enter into any subsequent settlement agreements or make any changes in the agreed upon amendments to the plan, which the City believes would effectively nullify the agreed upon amendments to the plan or this settlement agreement. 22. Waiver of Strict Construction . Should any provision of this Agreement be subject to judicial interpretation, it is agreed that the court interpreting or considering such provision will not apply the presumption or rule of construction that the terms of this Agreement be more strictly construed against the party which itself or through its counsel 7226-4839 Joint City/County Proposal 6/17/93 7 or other agent prepared the same, as all parties hereto have participated in the preparation of the final form of this Agreement through review by their respective counsel and the negotiation of changes in language in any provision deemed unsuitable or inadequate as initially written, and, therefore, the application of such presumption or rule of construction would be inappropriate and contrary to the intent of the parties. 23. Captions and Section headings. Captions and Section headings contained in this Agreement are for convenience and reference only and in no way define, describe, extend, or limit the scope or intent if this Agreement, nor the intent of any provision thereof. 24. Interlocal Agreement Joinder. By execution of this stipulation, the City is agreeing to meet with the County in an attempt to reach a service area interlocal agreement as described in Policies S3.3 and L7.5 of Exhibit "A". IN WITNESS WHEREOF, the Petitioner, the Respondent and the Intervenor have caused this agreement to be executed by their undersigned officers or representatives as duly authorized. OKEECHOBEE COUNTY by Charles W. Harvey Chairman, Okeechobee County Board of County Commissioners STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 1993, by Charles W. Harvey, Chairman of the Okeechobee County Board of County Commissioners, on behalf of Okeechobee County. Notary Public My Commission Expires: 7226-4839 Joint City/County Proposal 6/17/93 8 CITY OF OKEECHOBEE by James E. Kirk Mayor, City of Okeechobee STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 1993, by James E. Kirk, Mayor of the City of Okeechobee, on behalf of the City of Okeechobee. Notary Public My Commission Expires: FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS by Linda Loomis Shelley, Secretary, Florida Department of Community Affairs STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 1993, by Linda Loomis Shelley, Secretary of the Florida Department of Community Affairs, on behalf of the Department. Notary Public My Commission Expires: 7226-4839 Joint City/County Proposal 6/17/93 9 • EXHIBIT A AGREED UPON AMENDMENTS TO THE OKEECHOBEE COUNTY COMPREHENSIVE PLAN SANITARY SEWER, SOLID WASTE, DRAINAGE, POTABLE WATER, AND NATURAL GROUNDWATER AQUIFER RECHARGE ELEMENT -- GOALS, OBJECTIVES AND POLICIES [Amend Objective S3 and Policies S3-1, S3-2 and S3-3 as follows: ] Objective s3: Q0. #TAAMORROmwt*OhNii440.144iiigietig> rv>ace:::>€::area le:.::a:� <:: 'es���: ::ta:vzx:<>:��x»:<s?�4.;.::>::::s.e..:........::::::. ::::::::::::::::: in::><>:<>:S:ect io :>:>:>::>:18::-:2::0>;>::»:::o:f::: ::.the::::;::::;:; it:.:::::>::<::;;Cod:e:: Okeechobee County sriall coordinate with ::::;;::>:.;>:::::.;:.;:.;:.;;:.;:.::.;:.:.::;:.;:;.;;:;.;:.;:.;:.;:.:;;.;;:.;:.;:.: providers of public supply potable water and sanitary sewer facilities, and with appropriate state or regional agencies, to: maximize the use of existing facilities; d 'ce x st: ng ;and:: prevent ::. l��at . . tal future:;;;:::>:::::x�aste f`nl ><>'?'dui::::..:.: : . .P.::::...:.... «.;:.;.:;:.;:.;;:.;:.;:.;:.;::....:.. . .................. . . del' verr; systems, coordinate t e extension of facilities in unincorporated areas of the County; and encourage efficient patterns of development while discouraging sprawl. [9J-5.011(2)(b)2,3] Policy S3 . 1: Okeechobee County ,,, continue coordinating with the 0y4i d ee l obee South Florida Water Mariagemerit District and the Florida Department of Environmental Regulation to complete an assessment of potable water and sanitary sewer existing conditions and future needs in the County. [9J-5.011(2)(c)3] P-014(63.4:' `' Okeechobee County togeth ' with the City of Okeechobee s all cont nu to evaluate the feasibility'-Of-- establishing a utility authority which would be responsible for meeting the potable water and sanitary sewer needs of southern Okeechobee County. Feasibility shall be determined through ongoing discussions with the City, including an evaluation and appraisal of the City' s sanitary sewer and potable water systems, as well as with assistance from the Florida 7226-4838 Joint City/County Proposal 6/17/93 1 • Department of Environmental Regulation and the South Florida Water Management District and ongoing potable water and sanitary sewer studies. If determined to be feasible, the utility authority shall incorporate existing service areas and coordinate the expansion of facilities, including requiring that septic tanks along Lake Okeechobee and Taylor Creek be replaced by connection to existing or expanded public supply sewage treatment facilities. (9J-5.011(2)(c)1,2] 7226-4838 Joint City/County Proposal 6/17/93 2 } Policy s3 . 3eehriJea....!�otxntygnes teat �, e city of o..d ; nance which cla: sa <>Gxtra :terr;ltoral sanit .:ry sewer and pppq4lw eater.service a :e t pursuant c hapter•:. 18O x...::» I t r da... statutes, :.:and::: has:: ncluded a • S of on 1&- � of the ity....Cc de. Okeechobee o tv <Q eeo na gee that the O}Xeeohooee. Beach Water Associ,ah an:�..`In Y as<. a; ser ed a �:�;;ca€t�:arY:::>���>:»a::»c�xnsurn:':t:tvo....0 �.... .erm�.t....�`rom ....................................................................... ............................................................................................... them::::::.outhi:i?: for:id .Water: Management: Distr_i ct `I?c»» > t unty f> rther:: :>:recogn z es that th e r e appears'IpppRpgigto be ap overlap between, the claimed service areas of the City o r c�keCChobee< and O)e..eohobee Beech Water Association,; nc. and that Section 180 06(9) , Florida Statutes, ................................................................ Hawser a private cvzlrpany or '1nun�.cipality shall not construcit any system, work, project o: utility autFiorizeci to he cdnstrtcted hereunder in the event that a system, work, project or utility of a imilar character is being actually operated by a municipality or private company in the municipality or territory immediately adjacent thereto, unless such municipality or private-company ,consents to,; such c :nstractiori Therefore by April ''1, 2594 'i'the `Couri'ty shall' attempt to foraliz an interlocal agreement . with thy. City defining tae boundaries f Potable a: t and : San: tail Swr Serf :_U ' areas. The j_nterirycal agreement "con` :plat, c' by this policy shall' consider a minimum GLowtn{1Kanagement criteria to asst the County and City in coordinating water 64/(1:-: sewer infrastructure expansion # p**401.1P 2 . '.. :The.:::.:.:del n o eat o:f service area ar3 es bound 'and. criteria for Coz f ct resolut3. ..::: enerat :on ? ? .:<app ropri t e date anal analysis to "document the service areas as defined,: ...... ..................... . < :>':'Proh biti n of encroachment into the se: i e> <' reas... a defined, by other providers,: without prior mutual agreement and consent .4 A schedule '' for adoption of implementing**LaIrilenting amendments to the City ;and 7226-4838 Joint City/County Proposal 6/17/93 3 pcf.4.4 . 'ph��s:��:e::<::>Psit'ri�::>:<:��::s>:> e���:::»::aka k& nance:s: : ........................................ ......................................... ........................................................ ........................................:...........:.....:...............:....... 7226-4838 Joint City/County Proposal 6/17/93 4 Policy 53 . 43-: On an interim basis, Okeechobee County will continue to allow septic tanks, individual water wells and public supply potable water and sanitary sewer facilities, provided that such individual or public supply facilities meet all requirements as established by the South Florida Water Management District, the Florida Department of Health and Rehabilitative Services and the Florida Department of Environmental Regulation, as appropriate. [9J-5.011(2)(c)1,2] Policy S3 . 54: As part of ongoing studies evaluating potable water and sanitary sewer existing conditions and future needs, the County shall assess the feasibility of, and develop an implementation schedule to require all existing development located in areas designated on the Future Land Use Map as Commercial Corridor Mixed Use, Industrial, Public/Semi-Public Facility or Urban Residential Mixed Use and currently utilizing individual wells or septic tanks to hook up to existing or expanded public supply facilities. (9J-5.011(2)(c)1,2] Policy S3 . 6&: Pending the completion and conclusions of feasibility analyses regarding the regionalization of public supply potable water and sanitary sewer facilities, local regulations shall establish design and construction criteria for new public supply facilities to ensure and require as appropriate compatibility with a regional system(s) . [9J-5.011(2)(c)1,2] Policy S3 .7&: Upon adoption of this Comprehensive Plan, all new recreational vehicle, park model recreational vehicle and mobile home parks shall be served by public supply potable water and sanitary sewer facilities. [9J-5.011(2)(c)1,2) Policy S3 . 8�: Okeechobee County shall consider special assessments districts, as well as other funding sources, including further assistance from the South Florida Water Management District, Florida Department of Environmental Regulation or other regional, state or federal agencies to implement recommended actions regarding the regionalization of public supply 7226-4838 Joint City/County Proposal 6/17/93 5 potable water and sanitary sewer facilities. (9J-5.011(2)(c)1,2] 7226-4838 Joint City/County Proposal 6/17/93 6 SANITARY SEWER, SOLID WASTE, DRAINAGE, POTABLE WATER, AND NATURAL GROUNDWATER AQUIFER RECHARGE ELEMENT -- DATA AND ANALYSIS [Delete Maps 4 .2 at page 65, map 4. 6 at page 69 , and map 4 .7 at page 70 . Substitute new and agreed upon maps which depict: (1) City of Okeechobee existing sanitary sewer facilities (2) City of Okeechobee existing potable water facilities (3) City of Okeechobee claimed potable water service area based upon section 18-20 of the City code. (4) City of Okeechobee claimed potable sanitary sewer service area based upon section 18-20 of the City code. (5) Okeechobee Beach Water Association Inc. ' s claimed service area based upon a series of continuing contract with the City. ] 7226-4838 Joint City/County Proposal 6/17/93 7 4 [At page IV-24, under the subheading "Issues and Recommendations," revise paragraph 3 as follows: ] The County should continue to work closely with the South Florida Water Management District and the Florida Department of Environmental Regulation to develop and assess alternatives for the collection and disposal of wastewater Alternatives include but are not l .m, ted< toi::<. } th b h rent ? a r� zza <> z�itzr authority, cooperation::::::;:: t ::::t e::>: it ref : k e t e a ? :::>::>usin the City 's : : . .. w ter.:::ccl:l:ect:i:on::::andtreattiet :fa. ts as > ::`asis::.for ;the �astsv�a... ::::::: ::: :::: .::: rov.is :on .:of <sanita°r. '. er::::;s.er ice n: un .nc!or orated keechobee county,, 23 the County constructing and €operating '>regional sanitary se er colle avn and a es to service unincorporated portions of t-he County; ') tt:e Count . constru t ng and _ope at ng rega orial sana t sewer collection andtreatmeint fac:ilit j es to service unincorporated potions of the County which are not located in the City ' s extfa territorial sanitary ` sewer and potable water service area--'::as described in Section 18-20 of the City Code ; 4) the County authorizing a private entity to construct 'and operate regional sanitary sewer collection and treatment facilities to service unincorporated portions of the County; 5) the County authorizing a private entity to construct and operate eg.'..oi:a 3ani t:ILLY sewer Collection and treatment facilities to service those portions of the unincorporated area which are not located in the City ' s x r e ritorial sanitary seiner and potable Wate- service area _ described I:T1 Section 1:8-t�t� o�: the City Code, 1 t 6) the County or private entity-bOnStructlon of infrastructure for collection of wastewater for distribution to, and treatment by, existing or future City wastewater treatment facilities pursuant to a bulk service interlocal agreement ; or 7) a continued reliance on private on-site treatment facilities and privately operated pac- age plants. This Reducing the reliance on septic tanks in southern Ok46CKaibb County by establishing regional public-supply: sanitary sewer cc�t o ieion and_ treatment facilities is also important relative to the SWIM goal of reducing phosphorous levels in Lake Okeechobee, the receiving body for most water flows in the more developed areas of the County. Given the County' s difficult financial position, the County should also continue attempting to acquire grant and loan funds from available state and federal sources. [At page IV-24, under the subheading "Public Supply Water Alternatives", revise the paragraph as follows: ] A Water and Sewer Task Force, consisting of representatives of the City, the County and the OBWA hired PMG Associates, Inc. to assess the feasibility of developing a regional utility authority. The study analyzed three alternatives: operation of the water system under existing conditions where the OBWA is a wholesale customer of the City; combining the existing customers of the City system and the OBWA into one retail customer base; and the 7226-4838 Joint City/County Proposal 6/17/93 8 withdrawal of the OBWA from the City's system, with the OBWA then constructing its own water treatment plan. On the basis of debt service per equivalent residential connection, the study indicates that there is little difference between the first two alternatives. The third alternative would result in debt service per account of about 12 percent more. No other results or recommendations were included in the study. ..::::.:::::.:'.::'.::'.::.:::.::.::.:::::..:::::...:.:�:i:;::.iii:•:iiiii:•:bi:•i:•A•i:v^::::.:::.�:::::::::::....::::.�:::::::::::•::::::::.::. .::::::::::::::....�::..:�::::::.:::::: :::::::::::.�::::•:v::::•.�:•.::.:::.::.:'::::::.:.}::.:Yv'!.::: continue worlc ::n`. :>wlth th..e..So ath ;Flc r e .:: W`ate <:Mana ement D :str c:t::r: of :::::�the�::.:::: .ova.�.::.�.::��tat:a,e;�:::::::h'V.�l.n: .:::.:ca :9Fat..................::::.::::::::::::::. ties:>:::> ` xr ubl: cfac �a:�:�tenanoe:> re� :Qn�ab�:3..i.................................. ......................... . .....:...................::::. ::::::::. :the.;::>:: ov:is .c ::< of_>public€:::>: .; . . : .o ble .e:.�:after...nat.��es::::..............:.............. .....................:::::.: : P.::: :::::::.:::::: �� �. �::.�::::::::::::::::::. '. ::.::.; ....: .:.. ..::::;::::'::::..: W:ater. � aauth�rn �kchohee:.:��c��nt o z inc ::ude <t h Assoc at.�.on and>;tht b rild a rsonal sYstell} 2) establishing a regional uti3 ity `authority h would inc u to Okeec xo? ee Beach Water Association and the County, to serv. uninCQYppri ted areas of tnE? CtUnty. 3) establishing a regional utility authority which ;otll.d 'include Okeechobee Beach Water Association and the County, to service unincorporated portions of the County which are not located in the City' s extra-territorial sanitary sewer and potable water Service area, a ; _n using .ist ng OBWA ;fac lines u on which to P build' a regional syste: the C ounty e tabl`i ng its own regional system; including the construction and operation of public supply facilities to service unincorporated are-:s of the County or, the County authorizing a private entity to establish; a regional syster., again to service unincorporated areas of the County; 5) the County establishing its on regional system, a, cl.uding the construction and operation of public supply facilities to service unincorporated areas of the County which are not located it the Citw-' s extra-territorial sanitary sewer and potable water service area, or, the County authori zino a private entity to est a k lisp ._ regional system, again to service unincorporated >areas of the County not within the City' s extra-. territorial se vice; area; or 6.} continuing the current situation whereby potable water needs in the unincorporated County are met by use of existing facilities of the City and OBWA where such facilities are available, as well as by private individual water wells and by private package treatment plants. [At page IV-18, under the subsection titled "Regional Facilities" revise the first two sentences in the second paragraph as follows: ] The utility system study did not include an analysis of existing flows or performance of the package treatment plants e czty sterater system ;was natnc tided as part ;ref this study. 7226-4838 Joint City/County Proposal 6/17/93 9 [At page IV-80 delete the following from the "List of Sources": ] Board of County Commissioncrs, Okccchobcc County, Florida. 1992 . "Cooperative Agreement Bctwcen the South Florida Water ?ffanagcmcnt District and Okccchobcc County, Florida" , unsigned contract pertaining to the planning, design and construction of regional water and sewer infrastructure. Okeechobee County. 7226-4838 Joint City/County Proposal 6/17/93 10 a INTERGOVERNMENTAL COORDINATION ELEMENT - GOALS, OBJECTIVES AND POLICIES [Amend Objective G1 as follows: ] Objective G1: Okeechobee County will coordinate the provisions of its Comprehensive Plan with the City of Okeechobee, other municipalities within the County, the Okeechobee County School Board, adjacent counties, local entities having operational and maintenance responsibilities for public facilities and other appropriate state or local agencies, in order to: ensure consistency among the plans and programs of those entities, reduce a stir and prevent uture ast fu d p cate- cap , .... in testmeflts.... and sverlapping:::.service du licat ;on;_, ;;cif serves >::>::prr v: ::sions;f :::cc ord nate.;:::::;:t e ex c_: �r� c facrli:ties`< in unincorporated areas of the C��� i} < , enc©uxage effl ent patterns of dev l spment while d sc ura ng zrb n spa 1, and establish and maintain level of. service standards. [5J-5 . 015 (1) (b) l, 3] 1 1 7226-4838 Joint City/County Proposal 6/17/93 Q INTERGOVERNMENTAL COORDINATION ELEMENT - DATA AND ANALYSIS [At page VII-13, amend the first sentence in the first paragraph which appears after the subheading "Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Aquifer Recharge Element" as follows: ] Okeechobee County and the City of Okeechobee do not currently have overlapping boundaries for provided public services. Effective intergovernmental coordination will help to assure that land use decisions for contiguous areas address resulting public service provisions. A formal coordination mechanism is needed to ensure compatibility in land use and public facility/service provision between Okeechobee County and the City of Okeechobee. 7226-4838 Joint City/County Proposal 6/17/93 12 4 FUTURE LAND USE ELEMENT - GOALS, OBJECTIVES AND POLICIES [Amend Policy L2 . 1 to read as follows and add new Policy L7 .5: ] Policy L2 . 1: Okeechobee County will direct development to areas where public facilities and services, including City of Okeechobee and privately-owned sanitary sewer and water facilities and services, are available or are projected to be available. [9J-5. 006 (3) (c) 3 ] Policy L7 . 5 o c e to promote compact de e pment ann to assure the' f i c l e t dt d naxed availab l`ity°of ftiturE water water and seer services to areas of southern Okeechobee County, by April 3 , 1994 the County. ,shall attempt 'to formalize an xnterlocal agreement with the pity . the boundaries of Potable sanitary...SeweF ervice areas inte_local agreement contemplated ;by this policy; shall consider a 1. Growth ; is aggen rit criteria to ass s:t the County a.hd. City.,in coord:znating water and sew cr : in 'rastructure expansion decisions. gvp The aelineatlon Jf Servzre area I 0ttndaries and criteria for conflict resolution. ' :: Generation of appropriate data and analysis to document the :service areas as defined. . Prohibition of encroachment into the service areas as defined, by other' L)roviders, without prior mutual agreement and consent. 5 . A a shedule for;:? adopt ion cif nlplementing ar„end...e:nts t: he CitY.MAild County compOhensive Plans as well ' as Other affected City and County ordinances. Development of economic incentives acid regulatory techniques to encourage or mandate connection to utility infrastructure. 74. Schedule for the <availabi ,ty of fac:;il :r` and services 7226-4838 Joint City/County Proposal 6/17/93 13 SANITARY SEWER, SOLID WASTE, DRAINAGE, POTABLE WATER, AND NATURAL GROUNDWATER AQUIFER RECHARGE ELEMENT -- DATA AND ANALYSIS [At pages IV-20 through IV-23 delete the following language: ] BFWMD Agreement During 1002 , thc County anticipates entering into an agreement with thc South Florida Water Management District for "the planning, design and construction of regional water and is as follows: The District' s Governing Board has authorized $1. 5 million . . . over a three year period to support this under a multi year contract. The initial $200, 000 is _. - - - treatment plant to the County, the examination of the feasibility of developing a water and wastewater utility authority, and the County' s development of a potable water supply system in conjunction with Okeechobee Beach Water Association. Location, size and the estimated cost of proposed wastewater treatment facilities will be determined upon completion of the FDER funded Utility Study and acceptance of that study by FDER. If Okeechobee County chooses to pursue development of a utility authority, the proposed infrastructure to be designed, permitted and constructed will include a new wastewater tr atment plant . _ •• o = -- • - - to transfer wa-stewater from Okcc-Tantic Park and the existing independent septic tanks and package plant along the route of the force main to the new wastcwatcr treatment plant. In the event that the development of wastewater treatment facilities is determined to be economically unfeasible, - - e - - _ - - _ . - - =- = ia-n-ee with the FDER permit and any current or subsequently developed applicable rules and regulations, such as SWIM. There arc several options of authority development under consideration. The first option of authority development would include the City of Okeechobee, the Okeechobee Beach Water Association and Okeechobee County, which facilities to serve all the residents of Okeechobee County. The second option of authority development would include Okeechobee Beach Water Association and Okeechobee, which together would build a new water treatment plant. The 7226-4838 Joint City/County Proposal 6/17/93 14 authority or -Okeechobee County alone would build a new wastewater treatment plant and transmission forcc main system. The third option would be for the County to develop new water treatment and wastewater treatment facilities. Under this scenario, Okeechobee County would build the new wastewater treatment plant and force main tr-anamission stem The District will continuc to provide funding and technical assistance in support of this plan based on review and approval of deliverables and subject to Governing Board approval beyond the current fiscal year funding in accordance with this statement of work. permits from federal, state and local agencies. District funds will not be used to pay permit fees. The first phase include: Task 1. 1, the transfer of the Okec Tantic Wastewater Plant to Okeechobee County. This is effective upon cxccution of the contract. A transfer of $200, 000 from the SFWMD to the County has already occurred; • , - _ = a - - - - - _ - = e • _ the appropriate permit for the Okee Tantic Wastewater Plant. This is to occur concurrent with Task 1. 1, with . - . - - a -_ - - _- - study. This study will examine in detail the site or sites to be utilized for effluent disposal to determine their acceptability for this usc. This study is required by the FDER for the approval of the Utility System Study as a "Facility Plan" and its use as a basis for obtaining FDER state revolving loan funding. This task was not included in the scope for the Utility System Study. This study must be accepted and approved by South Florida Water Management District and the FDER. This is to be completed within 100 days of contract cxccution. The SFWMD will provide $50, 000 for this task. The second phase includes: Task 1.4 , Preliminary Wastewater Collection System Deign and cost estimate. The Utility System Study included the force main system and wastewater tr atment plant collection system. This task will include the 7226-4838 Joint City/County Proposal 6/17/93 15 prcliminary design of the required improvements to collect the wastewater from the exi.Aing developments and transfer it to the transmission force main system. The design shall be in sufficient detail to allow the preparation of a preliminary cost estimate for these improvements. This cost estimate, along with the costs in the Utility System Study, will be used to determine . e 4 . . of Task 1. 3 . Funding from the SFWMD will be $125, 000. Task 1 . 5, Utility System Financing Plan. Before beginning final design of the Wastewater System, it will to finance all planned improvements. As a part of this task, the rate structure and schedules of user fees and charges will be developed for the proposed county utility through user fees and debt service charges, and additional needed funds and funding sources will be identified. This is to be completed within 180 days of the completion Task 1 . 3 . Funding from the SFWMD for this task will be $75, 000. Task l . G, District and County determine financial feasibility for Okeechobee Utility Plan based on review _ • . - . ' _ tacks) . This determination will act as a "trigger" for continued District funding for utility system facility completion in accordance with this statement of work or, if the plan is deemed unfeasible, the up grade of the Okec Tantic, if required to comply with appropriate requirements, will commence immediately and be funded by Okeechobee County. This is 1. 5 . The SFWMD will not provide funding for this task. Task 1. 7 , Approval by Okeechobee County Board of County is to be completed within 60 days of the completion of Task 1. 6. No funding is required for this task. The third phase includes: Task 1. 8 , Design and Permitting of Phase 1 facilities. of Task 1. 7 . Initial funding from the SFWMD for this task will be $50, 000 . Additional funding will be determined at a later date. Task 1. 9, Bidding and Construction of Phase 1 facilitie . This is to be completed within 600 days of the completion of Task 1. 8 . Amount of SFWMD funding will be determined at a later date. 7226-4838 Joint City/County Proposal 6/17/93 16 - - o . . -o • -o . o . o • -o o - - _ " : o - - - portion of this project is $300, 000. Additional funding for Tasks 1. 8 and 1 . 9 is anticipated, and may be appropriated at a future date. [At pages IV-35 through IV-36 delete the following language: ] SFWMD Agreement The South Florida Wa-tcr Management District has tentatively approved $1. 5 million fer the study of water and wastewater alternatives in Okeechobee County, specifically assessing the feasibility of establishing a water and wastewater utility authority, and the County's development of a potable water supply system in conjunction with Okccchobcc an authority consisting of representatives of the City, County and wastewater facilities to serve residents of Okeechobee County. A second alternative is an authority consisting of just the County and the OBWA, which together would build an new water treatment plant. The third alternative is for the County to develop its own water tr atment facilities . As of March 1902 , the contract between the Water Management District and Okeechobee County authorizing the expenditure of these funds had not been signed, but was anticipated to be signed in the n ar future. - - .,, - . o - - - - o -: - o - - - - - , -. - - a which addresses water and sewer facilities. The tasks associated with regional water facilities are listed below. Phase 1 Task 2 . 1, Final decision regarding County Utility System ownership and operation. Determine extent of participation by Okeechobee County, Okeechobee B ach Water Association and City of Okeechobee. Okeechobee County is considering retaining a consultant in conjunction with Okeechobee Beach Water Association for decision making purposes and for purposes of organization and formation of an authority. This is to be completed within 90 days of the execution of the contract. The SFWMD will provide no funding for this task. Task 2 . 2 , Test well program and hydrogeologic study to to provide raw water supply to the new water treatment plant. The test well program will consist of the installation of 2 inch diameter wells, 4 inch diameter wells and lithologic borings , all at different lo ations. The 2 inch wells will be utilized to determine water quality in the area at various lo ations in the aquifer. The 4 inch wells will be utilized for test pumping to determine the potential well yield and aquifer 7226-4838 Joint City/County Proposal 6/17/93 17 characteristics in the proposed welificld area. The completed within 90 days of the execution of the contract. The SFWMD will provide $100, 000 in funding for this task. Task 2 . 3 , Identification of facilities to be designed and Plant for Okeechobee Beach Water Association, Inc. , Project No. 8901 dated March 14, 1989 and the results from the deliverable for Task 2 . 2 . This is to be completed within 30 days of completion of Task 2 . 2 . The SFWMD will provide no funding for this task. Task 2 . 4 , Approval of facilities to be constructed by Okeechobee County Board of County Commissioners. This is to be completed within 30 days of completion of Task 2 . 3 . The SFWMD will provide no funding for this task. Task 2 . 5, Development and formation of County utility department, authority, or other agency as may be required. This is to be completed within LO days of completion of Task 2 . 1. The SFWMD will provide $50, 000 in funding for this task. Phase 2 Task 2 . 6, Preparation of plans, specifications and securing of all permits for the construction of the proposed wellficld and raw water piping, 1. 0 million piping, and appurtenances. This is to be completed within 180 days of completion of Task 2 . 4 . The SFWMD will provide $500, 000 in funding for this task. Task 2 . 7 , Preparation of plans, specifications and water treatment plant. T - 180 days of completion of Task 2 . 4 . The SFWMD will provide $50, 000 in funding for this task. Phase 3 Task 2 . 8 , Bidding and construction of the wellfield, piping, 1. 0 million gallon storage tank, high service pumping, transmissions, piping, and appurtenances. This is to be completed within 360 days of completion of Task 2 . 6 . The SFWMD will provide $500, 000 in funding for this task. Task 2 . 9 , Bidding and construction of the 1 . 5 MCD water treatment plant. This is to be completed within 360 days of completion of Task 2 . 7 . Pursuant to a contract between the County and the Okeechobee Beach Water 7226-4838 Joint City/County Proposal 6/17/93 18 A:Js tion, the OBWA will provide $2 , 000, 000 towards the co o this facility. Other funding will be determined as ee.,sary. It is not anticipated that the SFWMD will provide funding for this task. As the scope of this agreement indicates, the County, with the support and aaaistancc of the Water Management - - . • ' - - alternative available for the provision of water to the residents of Okeechobee County. Total possible funding from the SFWMD for the water portion of this project is $1. 2 million. 7226-4838 Joint City/County Proposal 6/17/93 19