1993-08-17 PROPOSED Stip. Agree. City/DCA/County 0
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
8/17/93* 1
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.
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
8/17/93* 2
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.
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 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. 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
8/17/93* 3
f +
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.
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
8/17/93* 4
R +
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.
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
8/17/93* 5
Department shall issue a notice of intent pursuant to Section 163.3184, Florida Statutes, for
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.
8/17/93* 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 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
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
8/17/93* 7
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 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 of 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 Okeechobee
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:
CITY OF OKEECHOBEE
by
8/17/93* 8
James E. Kirk
Mayor, City of Okeechobee
STATE OF FLORIDA
COUNTY OF Okeechobee
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 Leon
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:
8/17/93* 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 83 and Policies 83-1, 83-2 and S3-3 as follows: ]
Objective 83: 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. (OBWA) has asserted a claim to a
water service area in its application for
a consumptive use . permit from the South
Florida Water Management District.
ed
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exs:tence::::of::<:.a..:«potaixe xater>d: st buton
system moperat.ed€ €b.. k OBW :;>_>::>and :::><:>ltocated
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and nii;;t4e.;:otot: n:. ;::::>::Ow*kaet.:1:it een:::::>::::>::.: e.
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....................................
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zncerta:in:€:€::=as:::>to:::>the::::> f: .ect:::>:or<:>:extent>.>::of
::: ; :>::::»::18.0:::>::>:«s erv: :ce<:::::::>::::area.
des :gnat :cn;:11:><:a:s::::>:::< a :::>::::as:>::«:th.e::> effect <>or
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. aodthe
wai te:f .nsss...... of..... enconra.ging::::.:.duplicate
capital<:<::<:»::>:«anvest nenta::»>::>:>::::>::for:<:><:<:»>::< :om et ng
totes 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)
8/17/93* 1
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)
o 14: Okeechobee County 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
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)
8/17/93* 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.
(OBWA) has asserted a claim to a water service
area in its application for a consumptive use
permit from the South Florida Water Management
District.
AsociefatiniwttieNweiwasclioda:::;:;:6::1: �zae�>�....... ..
hee:::::::existence::::>::o:f::::>::>:a
::::>::::>::; n ::::>:>:::#:axe:::::::::>::e e: sti . >:<:::: xntra:ct
.::::::::::..:::..........................
»::::::wh ch::>contra t»sets
e> t:>:ce to rt::>understaz c n:: s<pertaa ni :: >:to::>each
:i:'�i:;:iji::i':ii::i::isi:::i::i:::`;iii'ii::i'::•isi":i':is:i::i::i::i':i::i::: :i:�:'f.: ?•Ji}:::::::::::::::::::.::::.: ::::::::..:::::::::�.:.. :::.4.....
...art°;:<s s ?>ab:i l t: ;> to serve::customers:<>w ith n that
::.cha tee';;>:1.$ .
area:::><cl a armed::::>by > Bt
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.
8/17/93* 3
Policy S3.44: 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 Systems). (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 .84: 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
8/17/93* 4
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 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.
(6) 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. ]
8/17/93* 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
located 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.
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
8/17/93* 7
f
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.
8/17/93* 8
s
[At page IV-80 delete the following from the "List of Sources": ]
Board of County Corami33ioncrs, Okccchobcc County, Florida.
Managcmcnt District and Okccchobcc County, Florida", unsigned
of rcgional watcr and 3cwcr infra3tructurc. Okccchobcc County.
8/17/93* 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
existing avoid d<i the:>wastefulness of
entities, reduce..............................
»::du Iica:ta:>::>c:a ital::::>::: nVest ents for>comPeting
utilities.... :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)
8/17/93* 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.
8/17/93* 11
FUTURE LAND USE ELEMENT - GOALS, OBJECTIVES AND POLICIES
[Amend Policy L2.1 to read as follows: ]
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]
8/17/93* 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: ]
During 1992, thc County anticipates entering into an
agrccmcnt with thc South Florida Watcr Management District for
"the planning, design and construction of regional water and
is as follows:
The District's Covcrning Board has authorized $1. 5
million . . . over a three year period to support this
under a multi year contract. The initial $200, 000 is
based on the transfer of the Okcc Tantic wastewater
treatment plant to the County, the examination of the
authority, and thc County's development of a potable
water supply system ' - - : - ' - - - ' - e - - -- . - -
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 treatment plant
and a transmission force main to transfer wastewater from
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
and any current or subsequently developed applicable
rules and regulations, such as SWIM.
There arc several options of authority development under
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
together would build a new water treatment plant. The
8/17/93* 13
authority or Okccchobcc County alone would build a new
wastcwatcr treatment plant and transmission force main
cystem.
watcr treatment and wastcwatcr treatment facilities.
Under this scenario, Okeechobee County would build the
new wastcwatcr treatment plant and force main
transmission system.
The District will continue to provide funding and
technical assistance in support of this plan based on
review and approval of deliverables and subjcct to
Covcrning Board approval beyond the current fiscal year
funding in accordance with this statement of work.
and statutory requirements and obtain all applicable
permits from federal, state and local agencies. District
funds will not be used to pay permit fccs.
Task 1. 1, the transfer of the Okee Tantic Wastewater
Plant to Okeechobee County. This is effective upon
cxccution of the contract. A transfer of $200, 000 from
Task 1.2, application by Okeechobee County to FDER for
the appropriate permit for the Okcc Tantic Wastewater
Plant. This is to occur concurrent with Task 1. 1, with
associated expenses to be incurred by the County; and
Task 1. 3 , a Wastewater Effluent Disposal site-specific
study. This study will examine in detail the site or
sites to be utilized for effluent disposal to determine
their acceptability for this use. This study is required
FDER statc revolving loan funding. This task was not
study must be accepted and approved by South Florida
Water Management District and the FDER. This is to be
completed within 180 days of contract cxccution. The
BFWMD will provide $50, 000 for this task.
The second phase includes:
force main system and wastcwatcr treatment plant
collection system. This task will include the
8/17/93* 14
preliminary design of the required improvements to
transfer it to thc transmission force main system. The
design shall be in sufficient detail to allow the
preparation of a preliminary cost estimate for these
for thc force mains and treatment facilities identified
in thc Utility System Study, will be used to determine
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
system. Capital funding requirements to be funded
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 CFWMD for this
task will be $75, 000.
Task 1. 6, District and County determine financial
feasibility for OkccchobccUtility Plan based on review
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
to comply with appropriate requirements, will commence
immediately and be funded by Okeechobee County. This is
to be completed within 45 days of the completion of Task
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 CFWMD for this
task will be $50, 000. Additional funding will be
determined at a later date.
of Task 1.8. Amount of CFWMD funding will be determined
at a later date.
8/17/93* 15
The total funding approved by thc SFWMD for the wastcwatcr
1.8 and 1.9 is anticipated, and may be appropriated at a future
d.
[At pages IV-35 through IV-36 delete the following language:]
r.-n�.ND--Agreement
The South Florida Watcr Management District has
tentatively approved $1.5 million for the study of water and
wastcwatcr alternatives in Okecchobec County, specifically
assessing the feasibility of establishing a water and
wastcwatcr utility authority, and the County's development of
a potable water supply system in conjunction with Okeechobee
Beach Water Association. Alternatives to be analyzed include
an authority consisting of representatives of the City, County
and the OBWA, which together would own and operate both water
and wastewater facilities to serve residents of Okeechobee
County. A second alternative is an authority consisting of
new water treatment plant. The third alternative is for the
County to develop its own water treatment facilities. As of
March 1992 , thc contract between the Water Management District
funds had not been signed, but was anticipated to be signed in
the near future.
which addresses water and sewer facilities. The tasks
associated with regional water facilities arc listed below.
Phase 1
Task 2 . 1, Final decision regarding County Utility System
ownership and operation. Determine extent of
participation by Okeechobee County, Okccchobcc Beach
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
within 90 days of the execution of the contract. The
£FWMD will provide no funding for this task.
Task 2 . 2, Test well program and hydrogcologic study to
to provide raw water supply to the new water treatment
plant. The test well program will consist of the
wells and lithologic borings, all at different locations.
The 2 inch wells will be utilized to determine water
The 4 inch wells will be utilized for test pumping to
8/17/93* 16
characteristics in the proposed wcllficld area. The
lithologic logs will be used to confirm the aquifer
characteristics within the wcllficld area. This is to be
completed within 1)0 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 complctcd 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 complctcd within 60 days of
completion of Task 2 . 1. The EFWMD 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 wcllficld and raw water piping, 1. 0 million
gallon storage tank, high service pumping, transmission
piping, and appurtenances. This is to be completed
within 130 days of completion of Task 2 . 4. The EFWMD
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 complctcd within
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 wcllficld,
piping, 1.0 million gallon storage tank, high service
pumping, transmissions, piping, and appurtcnanccs. This
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 Okecchobce Beach Water
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