1993-07-21 PROPOSED Stip. Agree. City/DCA/County 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 29, 1992.
d. DOAH: The Division of Administrative Hearings.
7226-4590 City Proposal of 7/21/93 1
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 and the ordinance.
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 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.
7226-4590 City Proposal of 7/21/93 2
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 if 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 and ordinance;
(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. Exhibits A and B are 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 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. •
7226-4590 City Proposal of 7/21/93 3
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 or any county
ordinance. 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 and Ordinance Amendments and
Stipulated Actions; Legal Effect of Agreement. Exhibit "A" to this agreement
contains stipulated actions and 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.
7226-4590 City Proposal of 7/21/93 4
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
amendments.
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 the adopted plan amendments in accordance with this
agreement.
7226-4590 City Proposal of 7/21/93 5
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.
7226-4590 City Proposal of 7/21/93 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 or ordinance 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 or ordinance. 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 or any
other county ordinance in the event that any existing party or other person
challenges the agreed upon language in Exhibits "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 or other agent prepared the same, as all parties hereto
have participated in the preparation of the final form of this Agreement through
7226-4590 City Proposal of 7/21/93 7
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.
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:
7226-4590 City Proposal of 7/21/93 8
CITY OF OKEECHOBEE
by
James E. Kirk
Mayor, City of Okeechobee
STATE OF FLORID A
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:
7226-4590 City Proposal of 7/21/93 9
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:
7226-4590 City Proposal of 7/21/93 10
F FJII3I'r 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 : Okeechobee County recognizes that the
City.. of Okeechobee has designated by
ordinance': an extra-territorial sanitary
sewer and potable water service area
pursuant to Chapter 180, Florida
Statutes, and has included a legal
description for such service area in
Section 18-20. of the City .Code
Okeechobee County shall coordinate with
the City of Okeechobee and other
providers of public supply potable water
and sanitary sewer facilities, and with
appropriate state or regional agencies,
to: maximize the use of existing
facilities; reduce existing and prevent
future wasteful duplicate capital
investments and overlapping . . service
delivery systems; ' coordinate the
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 shall continue
coordinating with the City of Okeechobee,,
South Florida Water Management 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]
Policy S3 . 2 : Okeechobee County shall continue working
together with the City of Okeechobee
shall : : continue 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
7226-4589 City's 7/21/93 Proposal 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]
7226-4589 City's 7/21/93 Proposal 2
Policy S3 . 3 Okeechobee County recognizes that; the<City of
Okeechobee has enacted an ordinance which
designates an extra-territorial sanitary sewer
and potable water service area :;: pursuant to
Chapter 180, Florida Statutes, and:::. has
included a legal description for such service
area in Section 18-20 of the City Code.
Okeechobee County also recognizes that the
Okeechobee Beach Water Association, Inc. has
asserted a claim to a.;'water service area in
its application for a consumptive use permit
from the South Florida Water Management
District. The District has stated:.that the
Association' s claimed water . service : >area
conflicts with the City' s water and sewer
service area and that the conflict must be
resolved : by ' the Association and ' the City
before the District will issue the Association
a consumptive use permit. The County further
recognizes that Section . 180. 06(9) ,` ' Florida
Statutes, provides in part:
However a private company or municipality
shall not construct , any system, work,.
project or utility authorized to be
constructed hereunder in the event that a
system, work,:. project or utility of a
similar 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 construction.;
7226-4589 City's 7/21/93 Proposal 3
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 . 65-: 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 . 76-: 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 . 8.7-: 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
7226-4589 City's 7/21/93 Proposal 4
potable water and sanitary sewer
facilities . [9J-5.011(2) (c)1,2]
7226-4589 City's 7/21/93 Proposal 5
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 's designated Chapter 180, F.S . , extra-territorial
sanitary sewer and potable water service area as described in
Section 18-20 of the City Code; (4) Okeechobee Beach Water
Association Inc. ' s existing potable water facilities; and (5) The
water service area which the Okeechobee Beach Water Association
Inc . has asserted in its application for a consumptive use permit
from the South Florida Water Management District, and which is the
basis of a conflict in service territory issue which the SFWMD has
stated must be resolved between the Association and the City before
the SFWMD will issue the Association a permit. ]
•
7226-4589 City's 7/21/93 Proposal 6
[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 limited to
1) the establishment of a regional .,utility authority, in
cooperation with the City . of Okeechobee and using the City' s
wastewater collection and treatment facilities as a basis for the
provision of sanitary sewer service in unincorporated Okeechobee
County;
2) the County constructing and operating regional sanitary
sewer collection and treatment facilities to service unincorporated
portions of the County;
3) the County constructing and operating regional sanitary
sewer collection and treatment facilities to service unincorporated
portions of the County which are not located in the City' s extra_:
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 regional sanitary sewer collection and treatment facilities
to service those portions of the unincorporated area which are not
locat :d: in. the City' s extra-territorial sanitary sewer;. and potable
water service area as described. in Section 18-20 of the City Code;
6) the County or private entity construction 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 package plants. Thic Reducing
the reliance on septic tanks in southern Okeechobee County by
establishing regional public-supply sanitary sewer collection 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
7226-4589 City's 7/21/93 Proposal 7
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. In addition to the alternatives mentioned
by the : PMG Associates , Inc. study, Okeechobee. County should
continue working with the South Florida Water Management District,
the Florida Department of Environmental Regulation, the City of
Okeechobee and other local entities having operational and
maintenance responsibilities for public facilities to explore all
possible alternatives for the provision of public supply potable
water in. southern Okeechobee County: " Alternatives to develop and
assess include but are not limited to
1) the development of a regional utility authority which
would include the City of. Okeechobee, Okeechobee Beach Water
Association and the County, using existing facilities upon which to
build a regional system;
2 ) establishing a regional utility authority which would
include Okeechobee Beach Water Association and the County, to
service unincorporated areas of the County:
3) establishing a regional utility authority which would
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, again using existing OBWA facilities upon which to
build a regional system;
4) the County establishing its own regional system,.
including the construction and operation of public supply
facilities to service unincorporated areas of the County or, the
County authorizing a private entity to establish, a regional system,
again to service unincorporated areas of the County;
5 ) the County establishing its own regional system,
including the construction and operation of public supply
facilities to service unincorporated areas of the County which are
not located in the City' s extra-territorial;: sanitary sewer and
potable water service area, or, the County authorizing a private
entity to establish a regional system, again to service
unincorporated areas of the County not within . the . City' s ; extra-
territorial: service 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 .
The City wastewater system was not included as part of this
study.
7226-4589 City's 7/21/93 Proposal 8
[At page IV-80 delete the following from the "List of Sources" : ]
Board of County Commiccione-r&, Okeechobee County, Florida.
1992 . "Cooperative Agreement Between the South Florida Water
Management Dictrict and Okeechobee County, Florida" , unsigned
contract pertaining to the planning, design and construction
of regional water and sewer infrastructure. Okeechobee County.
•
•
7226-4589 City's 7/21/93 Proposal 9
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 existing and prevent future wastefulness
of duplicate capital investments and overlapping service
delivery systems, improve efficiency and prevent
duplication of service provisions, coordinate the
extension of facilities in unincorporated areas of the
County, encourage efficient patterns of development while
discouraging urban sprawl " and establish and maintain
level of service standards . [9J-5 . 015 ( 1) (b) 1, 3]
7226-4589 City's 7/21/93 Proposal 10
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.
•
7226-4589 City's 7/21/93 Proposal 11
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 ]
7226-4589 City's 7/21/93 Proposal 12
•
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 : ]
SFWMD Agreement
During 1992 , the County anticipates entering into an
"the planning, d-. _ . -e e - - _ _ _
cower infrastructure. " The scope from the proposed agreement
is as follows :
The District ' s Covcrning Board has authorized $1 . 5
million . . . ov- - - - _ _ e - - -- - • -
project . Appropriations are dependent upon future budget
- . -ar contract. The initial $200, 000 is
based on the transfer of the Okcc-Tantic wastewater
treatment plant to the County, the examination of the
feasibility of developing a water and wastewater utility
-•• - - • - - -
Water Association.
Location, size and the estimated cost of proposed
wastewater treatment facilities will be determined upon
•.:ompletion of the FDER funded Utility Study and
acceptance of that study by FDER. If Okeechobee County
proposed infrastructure to be designed, permitted and
constructed will in -ue - - - - . - - - - - .
n tra sm-i lion force main to transfer wastewater from
Okec-Tantic Park and the existing independent septic
tanks and package plants along the route of the force
main to the new wastewater treatment plant.
In the event that the development of wastewater treatment
facilities is determined to be economically unfeasible,
the County will retain ownership of and responsibility of
the Okee-Tantic plant in compliance with the FDER permit
and any current or subsequently developed applicable
rules and regulations, such as SWIM.
There are several options of authority development under
consideration. The first option of authority development
would include the City of Okeechobee, the Okeechobee
together would own and operate both water and wastewater
facilities to serve all the residents of Okeechobee
County.
The second option of authority development would include
together would build a new water tr atment plant. The
7226-4589 City's 7/21/93 Proposal 13
authority or—Okeechobee County alone would build a new
wastewater treatment plant and transmission force mai-n
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
transmission system.
The District will continue to provide funding and
technical assistance in support of this plan based on
Covcrning Board approval beyond the current fiscal year
funding in accordance with this statement of work.
Okeechobee County will comply with applicable regulatory
funds will not be used to pay permit fees .
The wastewater portion of the agreement proposes three phases .
Tack 1 . 1, the transfer of the Okec-Tantie Wastewater
Plant to Okeechobee County. This is effective upon
execution of the contract . A transfer of $200,000 from
SFWMD to the County has already occurred;
Tack 1 . 2 , applic- _ e - - --- e . • e -
the appropriate permit for the Okec-Tantie Wastewater
Plant. This is to occur concurrent with Task 1 . 1, with
associated expenses to be incurred by the County; and
Tack 1 . 3, a Wastewater Effluent Disposal site-specific
study. This study will examine in detail the site or
cites to be utilized for effluent disposal to determine
their acceptability for this use. 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
ctudy must be accepted and approved by South Florida
Water Management District and the FDER. _ This is to be
SFWMD will provide $50, 000 for this task.
The second phase includes :
location, size and cost estimates for the transmission
force main system and wastewater treatment plant
facilities, but did not include the local wastewater
collection system. This task will include the
7226-4589 City's 7/21/93 Proposal 14
preliminary design of the required improvements to
collect the wastewater from the existing developments and
transfer it to the transmission force main system. The
design shall be in cufficient detail to allow the
preparation of a preliminary cost estimate for theco
improvements . This cost estimate, along with the costs
for the force mains and treatment facilities identified
the total test of the propoced County Wastewater Syctem.
of Tack 1 . 3 . Funding from the SFWMD will be $125,000 .
Task 1 . 5, Utility Syctem Financing Plan. Before
beginning final design of the Wastewater Syctem, it will
to finance all planned improvements . Ac a part of thic
tack, the rate structure and schedules of uccr fees and
system. Capital funding requirements to be funded
through uccr fees and debt service charges, and
additional needed funds and funding cources will be
the completion Tack 1 . 3 . Funding from the SFWMD for thic
tack will be $75 , 000 .
Tack 1 . 6 , Dictrict and County determine financial
feacibility for Okeechobee Utility Plan bated on review
)f deliverable ( from previous tackc) . This determination
will act as a "trigger" for continued District funding
for utility—,s-y-s cility completion in accordance with
this ctatement of work or, if the plan is deemed
unfeasible, the up-grade of the Okee-Tantic, if required
to comply with appropriate requirements, will commence
immediately and be funded by Okeechobee County. This ic
to be completed within 45 days of the completion of Tack
1 . 5 . The SFWMD will not provide funding for this task.
Task 1 . 7 , Approval by Okeechobee County Board of County
Comm ccio er- to proceed with Phase 1 Facilities . Thic
ic to be completed within 60 days of the completion of
Task 1 . 6 . No funding is required for this tack.
The third phacc includes-:- •Tack 1 . 8, Dec * * • - ' s •• • . _ - - - - - '
This is to be completed within 360 days of the completion
of Task 1 . 7 . I-nitia - _ _ • • - - MD for thic
tack will be $50, 000 . Additional funding will be
determined at a later date.
Task 1 . 9, Bidding and Construction of Phacc 1 facilities .
of Task 1 . 8 . Amount of SFWMD funding will be determined
at a later date.
7226-4589 City's 7/21/93 Proposal 15
. _ . - -
portion of this project is $300, 000 . Additional funding for Tacks
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 Water Management District has
tentatively approved—=41 . 5 million for the study of water and
wastewater alternativ-_ e - - _ _ - _ . • _ _ ' •
wastewater ut ' • - . _ - -e -e County' s development of
_ _ _ _ - - - _ -pply system in conjunction with Okeechobee
- - _ crnatives to be analyzed include
- - • _ - ee -
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 treatment facilities . Ac of
March 1992 , the contract between the Water Management District
funds had not been signed, but was anticipated to be signed in
the near future..
The SFWMD agreement is divided into three phases, each of
which addresses water and sewer facilities . The tacks
Phase 1
Task 2 . 1, Final decision regarding County Utility System
ownership and operation. Determine extent of
participation by Okeechobee County, Okeechobee Beach
Water Association and City of Okeechobee. Okeechobee
County is considering retaining a consultant in
conjunction with Okeechobee Beach Water Association for
SFWMD will provide no funding for this task.
ell program and hydrogeologic study to
dete =umber - • - . - e e - - - • - - - - - - - -
toprovide raw w_ - _ . _ _ _ • - • - - - _ " - •
plant. The test well program will consist of the
installation of 2-inch diameter wells, 4-inch diameter
The 2-inch wells will be utilized to determine water
quality in the area at various locations in the aquifer.
The 4-inch wells will be utilized for test pumping to
determine the potential well yield and aquifer
7226-4589 City's 7/21/93 Proposal 16
characteristics in the proposed wellficld area . The
lithologic logs will be used to confirm the aquifer
characteristics within the wellficld area. This is to be
• if . - - -
contract . The SFWMD will provide $100,000 in funding for
this task.
constructed from the F asibility Study of Water Treatment
Plant for Okeechobee Beach Water Association, Inc . ,
Project No. 8901 dated March 11 , 1989 and the results
from the deliverable for Tack 2 . 2 . This is to be
completed within 30 days of completion of Tack 2 . 2 . The
SFWMD will provide no funding for this task.
Tack 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 Tack 2 . 3 .
The SFWMD will provide no funding for this tack.
Task 2 . 5 , Development and formation of County utility
department, authority, or other agency as may be
required. This is to be completed within 60 days of
completion of Tack 2 . 1 . The SFWMD will provide $50,000
in funding for this tack.
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
gallon storage tank, high service pumping, transmission
piping, and appurtenances . This is to be completed
within 180 days of completion of Tack 2 . 4 . The SFWMD
will provide $500, 000 in funding for this task.
Task 2 . 7 , Preparation of plans, specifications and
securing of all permits for the construction of 1 . 5 MCD
water treatment plant . This is to be completed within
180 days of completion of Tack 2 . 4 . The SFWMD will
provide $50, 000 in funding for this task.
Phase 3
Task 2 . 8, Bidding and construction of the wellficld,
pumping, transmissions, piping, and appurtenances . This
is to be completed within 360 - - - - - • - - - -
2. 6 . The SFWMD will provide $500,0-00 in funding for this
task. •
• = - - - - - e • - - - - - - _ • - _
treatment plant . This is to be completed within 360 days
of completion of Tack 2 .7 . Pursuant to a contract
between the County and the Okeechobee Beach Water
7226-4589 City's 7/21/93 Proposal 17
. - - • • 11 * 1 1 - -
coct of thic facility. Other funding will be determined
as nececcary. It is not anticipated that the SFWMD will
provide funding for thic task.
As the ccopc of this agreement indicates, the County,
with the support and acsictance of the Water Management
Lb. ' . _ _ • - a - - - - - - - - - - -alternatives available for the provision of water to the
the SFWMD—for the water portion of this project is $1 . 2
million.
•
7226-4589 City's 7/21/93 Proposal 18