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Highlands Today

Public Hearing Set On Thunderbird Hills Sewer Purchase Deal

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By JOE SEELIG

Highlands Today

Published: March 2, 2009

SEBRING - The city will hold a public hearing Tuesday to receive input from the public on its plans to purchase the Landmark Utilities Inc. sewer system in Thunderbird Hills.

The city council will meet at 6:30 p.m. in its council chambers at Sebring City Hall, located at 368 S. Commerce Ave.

At the public hearing, council will consider multiple legal issues before deciding on the purchase of the sewer system, which has been operating without a permit from the Department of Environmental Protection.

In October the city entered into negotiations with David Plank, Landmark's president, to purchase the sewer system for $100,000, which included 23 lots and the one-acre parcel upon which the package plant now sits.

"It's a complicated issue that's been going on for a long time, and I hope were getting near the end," said Bob Hoffman, assistant city administrator on Friday.

Ultimately, the city utility department plans to eliminate the package plant and connect the system with the city's Highlands Utilities sewer system located to the west of the Landmark system.

Existing utility customers will be expected to pay fees comparable to the the city's out-of-city rates.

Before the deal could happen, there were certain lawsuits and legal concerns that had to be taken care of.

First off, when Plank basically abandoned the system, Highlands County was left on the hook to pay for getting the system up to speed.

The county also won a lawsuit against DEP over certain objections DEP filed, which led the DEP to appeal to the District Court of Appeals.

If the city council approves the deal, then the county attorney and the DEP attorney will start the process to ask the district court of appeals to relinquish jurisdiction and send it back to the circuit court.

Then the city and county will approach the circuit court asking that the court vacate its prior order and appoint the city of Sebring as receiver of the Landmark Utilities system.

Following the public hearing, the council will address a resolution to determine if purchasing the system is in the public interest, authorize the purchase to be closed, along with a motion to approve an agreement with the DEP on liability issues while the city acts as receiver.

The city and DEP legal staff has negotiated an agreement to waive any claims for liability or regulatory enforcement against the city so long as the city operates the facility in good faith compliance.

The city has estimated that it will cost $350,000 to fix the system and is seeking half of the money as a contribution from Highlands County.

The County Commission might consider that request at its meeting Tuesday.

Highlands Today reporter Joe Seelig can be reached at 863-386-5834 or jseelig@highlandstoday.com

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