1991-10-08 City's Agreed M/Extend Time for Confering / .. f
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STA1E OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT Of COMMUNITY AFFAIRS , )
)
Petitioner, )
)
vs . ) DOAH Case No . 91 -5962-GM
)
CITY OF OhELCHOBEE, )
)
Respondent . )
)
ClTi Ok_ Oi:LECHOBEE ' S AGh.hE.D moTION FOP FATF_NSION OF TIME
F66 i;A:TT: s TO CONFER7ANI5 HEARING OFFICIR
AS TO ESTIMATED TIME AND SUGGETEDCAFION AND DArEs
FOR THE FTNAL HEARING
Responaent , ty of Okeechobee, by and throuqh Its undersigned
counsel anct pursuant to Rule 221-5 . 016 . Florida Administrative
Code, nr.Jves ths trioural 17 .; extend y da.-ye t,..e time period
during whIch th Responaent and Petiti-7;nr ID:,Jyrtment of Community
Affair ( DCA) are to confer anl inf:Jral the Hearing Officer in
writing concerning the logistial infc%rwaticn necessary for the
scheduling of the final l',earing. In support of this motion, the
City shows :
I . 011 Septel:ILer 5 , 1991 , the undersigned attorney for trle
City ttLed d nc;tice of appearance on behalf of the City tn which
he informed the trIbunal tnat he oId act as co-counsel in this
case with the City Attcney for th of 0:c.eechobee . (A copy of
the notice is included a,s_ kt,tarie7%t I to tnie motion. ) The notice
requested that copies of all ord.e.;:6 ze furnished to both the
undersiyotA aLtoLney arol thEl CiL,y ALtorney.
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p . 0:6
2 . On 25, 1991 , th.J HeaLing Officer entered an
ordeE which d -d that tIte patties 6hall have 14 dziys in which
oorifer aNd the Hearing OLIIce4 as to the estill:ate,i length
time :Lece final heur1n,.2, thu suggested
location or tht4,. hearing that is ft...6t c(sfive:Jent to the parties and
witnesses , and several suggested mutuaLly agreeable ddtes fur
scheduling the final hearing. The order directed that the parties
file such information in writing on or tefcre October 9 , 1991 .
3 . A copy of the September 2,. th order was not served upon the
undersigned counsel and he first learned about its existence during
a telephone conversation with counsel for the Department of
Community Affairs ( Dt.:,A) on te afternoon of Octorer 4 .191 .
4 . As a result of rece1vulg ntice oi the September 25th
order only five days before the ‘,.iitter subisslon Is required and
an unexpectedly pressing workload due to various litigation and
other matters, the understed attc,rney for the City is in need of
a short extension of time of seven c_lay s in order to; ( a) complete
his analysis of the iue rai5:. by DC h in its petition; (b)
confer with co-counsel ; (:) cousel his client, (d) determine the
estimated time necessary to present the City ' s case at the final
hearing, ( e) ccntirn, the availability of the City Council Chambers
or other raellity located within the City a%,-, a a-uggested location
for the final hearing, ( t ) confer witn counsel tor DCA concerning
the scope of issues to be discussel Ouring settlement negotiations ,
the amount of time necessary to onduCt the final hearing and
mutually acceptable dates for scheduling tne 'Ina' hearing; and ( f )
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prepare and suLmit the inforrtatin as re4,1e.,ted by the Hearing
Officer.
5 . The rc,idested 7 day exteisl '-n is slight and will not
prejudice any party .
6 . Curl Co.:. the City ha .., ,:i-', , k.:0;.40 for DCA and has
bclen authrizt ty said ::.,:',.:wi:H1 !- , reireent that DCA has no
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objection to the ic,quostod cxtoh.,) ion .
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, . WiiLki.4'JR.E , responder City 0L Cikeechobee, iespectfully
requests that the Hearing Offic'er enr an order extending the time
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until October 16 , 1991 whereby the parties shall ccnter and the
in writing the logistical infoltioh necessary for the Hearing
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Officer to schedule the final hearing .
FL--liti' iiily ...,,H..Lwitted,
rl ()‘kal{itS Wila La
M.i..:*:hael Wt. Mcrel
Atl..orny at
70''' foief-Jt Lair
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Ts..allaha.-:,see, Florida 32312-1744
( 904 ) 668-7274
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,J .tin R . Cock
City Attc.rney
City of Okeechol. e
202 N.W. 5th A‘. enue
'Aee'cnobee, Florida 34972
( 813) 467-0297
7.t.t4irriwyi..; Et4r City y c.....f 0,11,:.:QtA:
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CertifiAte of Svrviee
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11LRE4-1- o th fL14_yuing has been
furnIshtfd by y t, :
Karon Prozii?en
Ali.3ttant Genidl Coo:.-01
nc-rartlitt of C7,1i.lnity Affairs
2740 Ct-nteli, low DiiVe
Tall a'- s , Fr1da 323)9 21O
on this OA duty of Octobol , 1991 ,
LiatO i'mdi
Attorney
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