1991-11-25 Morell to Jennings i
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MICHAEL WM, MORELL
ATTORNEY AT AT LAW
705 FOFESt L.� R
TALLA^A3 €E, FLORIDA 32,3!2-!744 A_S0 ACMITTED IN T E
3 v. .; _•_ i._ . 4,;. AW &SrAICT Or G4LUMeiA
(404) 6e5-7474
(904) 666-:ae] FAX
November 25, 1991
VIA FACSIMILE TRANSMISSION ($1314.67-6219)
Lester W. Jennings
Attorney at Law
110 N. S . Third Avenue
P.O. Box 237
Okeechobee, Florida 34973
Re : DCA v. City of Okeechobee, DOAH Case No. 91-5962---GM
Dear Lester:
Thank you for providing me with a copy of your November 22,
1991 letter to Doug Leonard concerning the City of Okeechobee
Comprehensive Plan .
Your letter, which you state is based upon the comments of
your consultant Robert Hoover, does an excellent job of providing
additional information to describe the history of development and
.-hannelizatlor. of Taylor Creek by federal , state and regional
agencies and the relationship between the creek and lands located
within the City. The letter also contains information which
responds to DCA' s concerns expressed at the first settlement
meeting that the City' s planing efforts with regard to the three
largest remaining undevelo�Jed parcels of land adjoining Taylor
creek should recognize the need to develop these parcels without
the use of septic tanks .
This and certain other information contained in your letter
appears to be appropriate to add to the plan' s data and analysis .
The City appreciates the effort that you and Mr. Hoover have made
in this regard and will consider your .etter before determining
which specific portions of the plan data and analysis should be
supplemented as part of its proposed plan revisions .
Although much of the information contained in your letter is
an excellent analysis which can be used to improve the plan' s data
and analysis , the information if submitted by Itself would probably
be incomplete and perhaps rejected by the Department as
insufficient as the City's only response to the alleged plan
inconsistencies cited by DCA in its Statement of Intent to Find the •
City of Okeechobee ' s Comprehensive Plan Not in Compliance.
$ 9046681893 F. _ 0 3
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Lester W. Jennings
November 25 , 1991
Page Two
In addition to supplementing the data and analysis , revisions
to various plan policies may also need to be presented in response
to certain of the Department' s concerns expressed in the SGI . In
researching and drafting these proposed revisions to existing plan
policies , the City must carefully and precisely consider the
statute' s various requirements ( including
which internal
havn� been consistency) in
other methodological req uirements
Chapter 9J-5, Florida Administrative Code, and interpreted in
various final orders , declaratory statements and opinions issued
by DCA, the Administration Commission and various appellate courts .
Please be assured, however, that citizen participation
including your input and that of your clients and their
consultants, is valued by the City. The City is also appreciative
that you and your clients have decided to participate in the
proceedings
your fdecision to City and its
attend the set City further
settlement discussions
IMP
which have been held in Tallahassee.
I believe that the positive contributions made at our first
meeting by you, your client Frank Altobello and Robert Hoover, have
significantly increased the possiblity of a settlement of this
matter that is acceptable to all parties .
As I mentioned in my November 22 , 1991 correspondence to you,
the City intends on submitting proposed plan revisions to the
Department in advance of its second settlement discussion meeting
which is scheduled for December 11 , 1991 at 9 : 00 a .m. -- 12 : 00 noon .
I will provide you with a copy of the City' s proposed revisions as
soon as they are completed. In the meantime, please feel free to
submit to me suggested revisions to plan policies if you wish .
The original of this facsimile transmitted letter is being
sent to you by U. S . Mail .
With best personal regards , I am
Sincerely,
Michael Wm. Morell
MWM:mm
cc ; John Drago, City Administrator
Doug Leonard, Executive Director, Central Florida Regional
Planning Council