HomeMy WebLinkAbout2002 03 25 Consent O Waive Elected Officials Settlement Conference
COMMISSION AGENDA
ITEM 0
Consent
Informational
Public Hearing
Regular
x
March 25,2002
Meeting
[~..-/
Mgr. /
Att. /
Dept.
REQUEST:
The City Attorney requests that the City Commission consider approving the Joint Stipulation For
Waiver proposed by Seminole County for signature by the City Attorney.
PURPOSE:
To waive the Elected Officials Settlement Conference in the case Oviedo and Seminole County v.
Winter Springs, Case No. 00-89AP.
APPLICABLE LAW AND PUBLIC POLICY:
1. Chapter 164, Florida Statutes.
2. Interlocal Agreement on Mediation and Intergovernmental Coordination between Seminole
County, Oviedo, and Winter Springs, dated January 24, 1995 ("Agreement").
CONSIDERATIONS:
1. Seminole County Commission approved the Waiver of the Elected Officials Settlement
Conference.
Page 1 of 2
2. In all litigation between local government agencies, Florida law requires that the government
parties first attempt to settle the dispute prior to proceeding with litigation.
3. Seminole County, Oviedo, and Winter Springs have entered into an Agreement consistent
with Florida law, which requires the parties to complete a three-stage settlement process to
attempt to reach settlement before litigation can proceed between them.
4. Stage 1 (Executive Directors) and Stage 2 (Mediation) did not produce a settlement.
5. Stage 3 is a joint meeting between the governing bodies, unless waived by the parties.
6. It appears this case will not be settled voluntarily by the parties. The Courts, therefore,
should decide this case.
7. If the parties waive Stage 3, the stay will be lifted by the Court and the City will file, within
twenty (20) days therefrom, its response to Seminole County's and Oviedo's petition
challenging the Minter, Weaver and Carrol annexations.
STAFF RECOMMENDATION:
Based on Stage 1 and 2 settlement discussions, the City Attorney recommends that the City
Commission waive Stage 3 so that this case can proceed in court.
ATTACHMENT:
1. Letter dated March 13, 2002, from Karen Zagrodny Consalo, Assistant County Attorney,
Seminole County Attorney's Office.
2. Joint Stipulation For Waiver, signed by the Seminole County Attorney on March 15, 2002.
COMMISSION ACTION:
Page 2 of 2
SEMINOLE COUNTY ATTORNEY'S OFFICE
1101 EAST FIRST STREET. SANFORD' FLORIDA 32771-1468' TELEPHONE (407) 665-7254' FAX (407) 665-7259
March 13, 2002
Catherine D. Reischmann, Esquire
Stenstrom, Mcintosh, Colbert,
Whigham & Simmons, P.A.
P. O. Box 4848
Sanford, Florida 32771
Anthony A. Garganese, Esquire
Brown, Ward, Salzman & Weiss, P.A.
P. O. Box 2873
Orlando, F!orida 32802-2873
Re: Oviedo and Seminole County v. Winter Springs
Case No. 00-89AP
Dear Ms. Reischmann and Mr. Garganese:
Per our discussion at the mediation of February 13, 2002, please find enclosed a
Joint Stipulation For Waiver regarding the last dispute resolution step required by the
Interlocal Agreement on Mediation. Please execute this Stipulation and return it to me
at your earliest convenience.
I will file the fully executed document with the -Court and provide you with Notice
of the same.
Sincerely,
4:f~
Karen Zagroany Consalo
Assistant County Attorney
KZC/gn
Enclosure
Joint Stipulation
cc: Kevin Grace, County Manager
JOINT STIPULATION FOR WAIVER
THIS WAIVER is entered into this
day of
2002
between SEMINOLE COONTY, a political subdivision of the State of
Flor ida (" Seminole County"), the
CITY OF OVIEDO, a municipal
corporation of the State of Florida ("Oviedo"), and the CITY OF
WINTER SPRINGS, a municipal corporation of the State of Florida
("Winter Springs").
WIT N E S S E,T H:
WHEREAS,
the above-referenced entities are parties to
litigation in the Eighteenth Judicial Circuit of Florida, Case
Number 00-89 AP;
WHEREAS, said lawsuit has been judicially stayed in order
for the parties to engage in the di.spute resolution process
outlined
in
the
Interlocal
Agreel11ent
On
Mediation
And
Intergovernmental Coordination ("Agreement");
WHEREAS,
each of the above referenced parties 1S a
signatory to the Agreement and as such they have engaged in the
first two required mechanisms for dispute resolution under the
JI.greement,
namely an Executive Settlement Conference and a
mediation;
WHEREAS, no resolution to the dispute at issue has been
reached;
WHEREAS, the Agreement requires a third step for dispute
rescilution :"'ihich lS
an
Elected Officials
Settlement
"',"",,,",,,";:o.,.....on,-o
"-V1l.L_~ '-L1"-'-
("EOSC") ;
WHEREAS, the mediator used by the parties recommends that
the EOSC
requirement of the Agreement be waived as there is no
possibility for resolution of this dispute without judicial
action;
WHEREAS, the parties all agree that no resolution to this
dispute will be achieved without judicial action and wish to
waive the EOSC;
WHEREAS, the governing bodies 'of the parties have duly
authorized their undersigned attorneys to execute this document;
and
WHEREAS, each of the below signatories are duly authorized
agents for their respective government bodies and have authority
to bind their respective government bod~es to this Stipulation.
NOW THEREFORE, the parties do l').ereby agree to waive the
Elected Officials Settlement Conference and proceed directly to
continue litigation of this matter before the Eighteenth
Judicial Circuit.
CITY Or WINTER SPRINGS
Anthony Garganese, Esq.
Ci t Y Jl..t torney
rlorida Bar No. 988284
222 E. Robinson St., #660
Orlando, rL 32801
Date
, 2002
2
-.
CITY Of' OVIEDO
Catherine D. Reischrnann, Esq.
City Attorney
Florida Bar No. 434965
200 W. First Street, #22
P. O. Box 4848
Sanford, FL 32772-4848
Date
, 2002
3
Robert A. McMillan
County Attorney
Florida Bar No. 182655
Seminole County Services Bldg.
1101 E. First Street
Sanford, FL 32771
Date ~_, 2002
CA-~C01\MYDOCS\JOINT STI2ULATION FOR WAIVER.doc
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