HomeMy WebLinkAbout2004 08 23 Regular
Date: 08232004
The following was distributed during
Commissioner Blake's "Report" by
Commissioner Miller for the 08/23/2004 City
Commission Workshop.
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Summary of Documentation Surrounding Creation of Oviedo! County JPA
and Winter Springs Participation
1. Letter from Commissioner Morris to Cities of Winter Springs (WS) and
Oviedo (OV) inviting tri-party interlocal agreement. (02/11198)
2. Battle Ridge memo regarding WS transmission to DCA (07/14/98)
3. Letter from WS City Manager, Ron McLemore, to OV City Manager stating
the following(08/06/98):
" Serious objection to a JPA affecting areas over which WS has. .
future annexation interest
" Requests OV to request County Commission to delay action on the
JPA. scheduled for 08/25/98, until the two cities can reach an
agreement.
. Goncernedthat agreement will not eliminate annexation disputes
since not binding on WS
.. WS City Attorney questions legality of agreement
. Suggests reaching a compromise
,. Says WS is not aware of a joint meeting regarding annexation .they
walked awayfrom due. to impasse.
e State that WS does not feel they need to be involved in a JPA
where the two cities "would not share common boundaries"
4. Letter from WS City Manager, Ron McLemore, to County Manager stating
the following (08/06/98):
G "WS desires to work cooperatively
. WS does not believe the JPA provides for accomplishing
everyone's best interest
Cl . Request delay of action"
5. Letter from WS Clty Manager, Ron McLemore, to OV City Manager stating
the same as 4 above. (OB/06/98) . "
6. Letter from Oviedo Cha'irmahOallari to Commissioner Morris stating
continued work on JPA is.needed and states that, "[tJo date the Joint
Planning Agreement has.been,an idea that has materialized only through
discussions and written correspondence with County staff'. (08/24/98)
7, Minutes from the August 25th 1998 BCG meeting-
. Ms. Chandler of Planning explained that: County staff working.on
East Area Study that is important to OV; staff will provide
information to City when compieted and they will be able to come
up with conclusjons relative to the boundary for the JPA and
annexation boundaries: mentioned that a" joint work session should
be held; and a letter to WS, a petition of WS pursuant to the
Interlocal Mediation and Coord. Agreement were received and filed.
. Deputy County Attorney addressed WS request for delay of action
on JPA and stated that the County. Manager responded to WS
petition by saying everything the City has asked has alreac'
done.
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. Commissioner Morris stated he received a letter from OV
expressing they would be happy to meet with WS.and that it is not
advisable for County to get involved again in tri-party agreement-
that there are no contentious issues between the County and cities
individually. He recommended the cities get together to work out
their issues.
. . WS City Attorney mentioned the mystery of the OV Agreement and
that WS does not want to interfere with OV issues east of their
area, but would like to implement a process in the SE area of the
City.' .
e Chairman Morris says message to go back to' WS is the County has
done everything they can do
. OV City Manager addressed the BCe stating the City of OV
requested WS to delay action on Battle Ridge so they can work out
boundaries and the City ofWS declined that offer.
. Letter from WS City Manager stating that OV and the County have
chosen not to involve WS in the process of developing the JPA and
ws seeks a cooperative tri-party process (09/27/99)
o Minutes from the. September 28, 1999 BCC m~eting:
. i. The Dire.ctor of Planning and Development, Frances
Chandlerexplains that draft JPA went to OV and WS on
12/08/98. Changes made to reflect OV concerns but WS did
not comment. OV Council approved JPA. .
ii. 'Chairman advised receipt of letter from WS objecting to JPA
III. WS Mayor stated agreement should be tri-party and
requested additional time for cities to work out issues
iv. Commissioner Van Der Weide stated process has been
going on for along time and it appears the two cities'can not
come to an agreement.
v, . Commissioner Morris stated he does not believe a delay will
make a difference and feels it is appropriate to move
. forward. States that the agreement goes a long way to show
cooperation between the County and OV.
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BOARD OF COUNT'V COMMISSIONERS
,February II, 1998
Mr. JlDn McLemorc. City Manaacr
City ofWln!CI' Sprtnll
1126 East SR. 434
Wlntcf Sprinp,P1orida 3270&
Mr. V, J!uacno Williford, m. City Manaact
City of OvIedo ,
400 Aleundrla 8oll1tvani
Oviedo, florida'3216S
5 DbJ edl IDtertocaJ Alree1Iltnl
Deal RDn &Il4 OeM:
My Italf hu Intonnod mCI that Iaat MOC'Iday, Ihoa Winter SprinlP Clry Corrvnlalon wwUl1UIIUly appnMd
, the ~ of an IIl'ICDdme'lrt ~ tho City', ComprdltlUlve PIaII to clarify the CIry'. azm~
policy, lOll that I publio bcIrlna rcp.rd!na!ha ammdmtfll hat been JC.bccNled for MardI :23". '
, I wculd Iikci to propolC. !hen, Iba1 W'll beSln Immcdlalcly to eT'iI.A In \nC<<1oc:al qrcoment amenl the tIuce
Jurbdlctloll'wh.b \he ,o.l of havill, 1M qRement completed by, the Ma.n:.h 23'" data. I believe thallIrf
',~c ,,",'adopt It thlJ timo ihould Iddteu. If. minimum, lMeuUOClllm1U and. &rure land UIClI,
caiC'of,SR.'411aria lirioC SR434.
H.~ ? ~ 1S98
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MEMORANDUM
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SUBJECT:
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TO:
"
FROM:
Tony Matthc'W:s ')1r---
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DATE:
July 14, 1998
"
On May 26. the l:lst time this item was brought to the BO:lrd~ stnff Wll5 requested to
keep the Board updated on the progress of the amendment. '
On May 7 the City transmitted the ilmendment to the Department of Community
Affairs for review and comment. The amendment package was found incomplete
by the Depanment a.nd was returned to the City; the City later retransmitted the
amendment.
The Department will publish its notice of intent fmding the amendment compliant
or noncompliant on July 31. We will update the Bonrd on that finding on August
11. '
'If you have any questions, please feel free to call me Qt extension 7373. Thanks.
TM
cc: Gary Kaiser, County Manager
Frances Chandler. Planning and Development Director
Lonnie Groot, Deputy County Attorney
Colleen Rotella. Acting Manager. Comprehensive Plilnning Division
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i.:1 AUG 111998 ip:
CITY OF WINTER SPRINQ~,.~~~,~~.?:~,~:)' ':,: ~: :)
1126 E"-.<:T STATE ~o^O 4:14....... .. '
w'NTER SPRINGS. FLORIDA 3Z70S.:m!P
tllJop/lono r-071 ~'.1.,aoo
ROllald W. Mc~mOfe
elfy Manager
August e, 1998
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Eugene Wllllford, III, City Manager
CIty of Oviedo
400 Alexandria Blvd.
Oviedo, Florida.327SS
Dear Gene:
In a recent meeting wtth County Chairman Randy Monis Bnd the WInter Spring I
City Commission two [.aues. were dlscusse<l that mlaed concem with the Winter
Springs City Comml&8lon. The Issues ere related 10 the propo8e<l Jolnl Planning
Agreement between Ovle<lo end Seminole County addressIng annelCSUon
boundaries. Relale<lly, tho Commission has directed ma 10 communicate with
you relative to these Issues and to request'written responaes.
Q'(!edo's' Neaotlatlna Policv BackarounrJ:
We have a serious objection to a JPA affectIng al'ges over which we have a
Mul'9 annexation Inlerost
Not withstandIng the tact thai thare Is what we understand to be an agreement
for Commlaalonar Dallar\, you. and Mayor Partyka and I to meet and dlllCUBS
common boundaries on behalf of our respective governing bodIes, no such
meellng he. been successfully lCtle<luled. However. minutes of your meeting of
February 16, 1898, appeara to dl8do~e that OVIedo has no Intention of meelJng
with the City to dJ8CU8& Ihese lsaues. As we undel'8tand II, thIs statement has
become a, basll for Commlsaloner Moma moving ahead with his plan to present
8 Joint PlannIng Annexation proPosal to the CountY Commission on August 25.-
1998, wor1<ed out between OvIedo end County s18ffwlthout Input h'om the City of
Winter Springs.
The City CommissIon desires to know wf1BI your Dolley Is relative 10 neaotlatlons
of en ennexatlon eoreement with Winler Serlnas.
1. 18 It the policy of the City of Ovje<lo for Commission Dallari and Clly
Manager VV1l1iford to meet and discuss In good faith common boundary
Issues with Wlnter Springs?
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. ,Gena Williford
JPA
Page Two
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2.. Is H the poliCY of the City of Oviedo not to hav'e di~cuS9ion of any type with
the City of WInter Sprtngs?
There 18 a perception Ihat your policy may be to formally declare a desire 10 meet
with the City of Winter Springs, whlla In actuality delaying any sue" meeting until
6uch lime thaI Oviedo and the County w<;lr1< out a Joint PlannIng Annexation
Agreement to which the City Is not Q party.
Severel actions lend credance to this perception.
1. Mayor Partyka has ettempted for months to schedule 8 meeting with
Commissioner DeJ1ar1 w1thovt B ucoe 9.8. A review of your minutes has
statements by en Oviedo Commissioner recommending that the City 01
Oviedo not enter into discussions with Winter Springs regarding an
agreement on our common boundaries, .
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2. A Joint Planning AnnexatIon Interlocal Agreement between Oviedo and
the County to which the City of Winter Springs is not 9 party. Is in fact
scheduled to' be presented to the County CAlmmlsslon on August 25,
1998.
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3. Severlll monlha ago I communicated to you Winter Springe' desire for you
and I to have dlBCU8slona on common boundaries. You Bubsequently
communicated to me that your Commission did not desire this to happen,
that In tact your CommissIon desired you end your staff to concantrele
your resources on determining the feasibility of fillng a protest to ~nter
Springs' planned annexations of Bettle Ridge.
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If It Is your Clty'G policy to have good faith discussions with the City relallve to our
common boundaries, the City Comml881on respectfully request that you request
Seminole County to delay action on the Intertocal agreement scheduled for
AuguPot 25, 1998 for ninety days In order to gIve U9 an opportunity to see If the
two cities can reach 8 satisfactory agreement prlor to any action by the County.
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Gene Williford
JPA
Page Three
If It Is not your cUrTent policy to enter Into good faith negotiatIons with. Winter
Springs, cXlnsideratlona of the following three points could give cause to
reconsideration of you poliCY.
First, since the proposed. inlerlocal agreement between Oviedo and Seminole
County Is nol binding on Winter Springs, we BrB c::Oncemed that the agreement
will not ac:::ompllah lhe ultimate obJective of eliminating annexation disputes
between the two eJtles. To . the contrary. we believe sucl'1 an agreement would
serve only to Intensify the level of annexation efforts on the part of WInter Springs
to 8 higher leveL .
Secondly. our City Attorney has serious quesUons regarding the fundamental
legelltles of thl8 type of agrBement and will be prepared to advlsa tM City of
appropriate legal strategIes to cI'1allenge the agreement
Thirdly. and most Importantly, if tha parties are willing to negotiate In good faith.
including reasonable basis for compromiBe.l don't aee why Oviedo and Winter
Springs couldn't coma 10 811 .acceptsble agrooment In a short period of time
Wtllch would be binding on both CIties and the County, and that would
. permanently resolve the Issue.
Annexation ~etlnQ
During the WInter Springs City Commls&lon meellng, we believe It was atated
that a Joint meetJng was held Including you end I, end certain elected officials of
the County, Oviedo and 'Mnter Sprlng8 regarding anne)(8llon. We o.re not aware
wtlen or where such 1!I meeting Wl!IS held. However, It was repreaented that this
meetlng was 80 contiguous that the parties walked away from' the meeting 8t
totallmpaBll8 and unwilling to meet further on the IS8ue. .
No one here has any record or reccnectlon of 8uch B meetlng. Please provide
details If you are aware of suctl e meeting or have any records of 8uch a
meellng. . .
In 8ummary. the 'Nlnter Springs City Commlslllon Is very strongly committed to a
negotiated sgreement with the City of OvIedo and Seminole County that
allocates unIncorporated areas eligible for annexation by our respective c1l1es
based upon ef'k!<;tJve and efficient delivery of publiC 8ervlce~.
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. Gene Williford
JPA
Page Four
The City of Winter Spring a does not feel thaI we need to be culT9nUy Involved In
B Jell'll Planning Agreement where our Cities would not share common
boundaries. This could be part of B Mute overall agraement
We desire to meet to reach 8n aocord on these Issues. Otherw!De, we could find
ourselves In' Protocol Future Pia" Amendment challenges. We would like to
avoid Ihet alternative,
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To accomplish thIs we reqLloot the following:
> A meeting or series of meeting for the purpose of negotiating an
agreement relaUve to our common boundaries.
)0 A nlnety-day delay In consideration of the pending Oviedo/SemInole
Co\,\nly JPA. We believe your City holda the key \0 this process. If you
request a delay of consldemtlon of the JPA, w9 believe the C<lunty would
~~ .
Sincerely,
~wmo~
City Manager
RWM~p
cc: Mayor and Commls!lon
Seminole County CommIssion
Oviedo CIty Commission
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CITY OF WINTER SPRINGS, FLORIOA
11211 ~ STATE ROAD ~:lA
Wll'TER e"'AINGS..~LORIOA 3:l1Oe.Z79g
TGIQP/'lO~~ (Gem 3Z1.IOOP
, Ronald W. McLemore
ell)' Manll,ftr
August a.,998
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Relaled to tho July 27 and August 3, 199a.Qlty' 'C6mml8810n dlscu8Slons of the
Ovledo/SOmlnol8 County Inter10cal Agreement planned for presentation August 25,
199B, before the County Commlaalon, please advlso me If this agenda l\em wlll be
presented aa' 8 dlscu88lon Item or a publiC hear1ng for purposes of consIderation of
the agreement
Gary Kaiser, County ManaQer
Seminole County
1101 East Flral Street
Sanford, FL 32771
Dear Gary:
As per the dlreC1lon of the CIty CommIssion, If this matter I~ for publiC dlGcusslon, the
City will be proaenlto provide our comments. If this matter Is being &Cheduled for
public hear1ng, we respectfully request one hour to make a formal presantatlon In
ortler to aeate a formal record a! an affected party misted to this matter.
Relaledly, we ara raquestlng cople! or the agenda Item and all public records relalBd
to this matter by August 12. 1 i96.
Addltlonally, the Commission haa asked me to relay to you that WInter Springs' sole
~eslre 18 to war\( out 9 cooperntlve agreement between the County, Oviedo and
WInter Springs that amicably serve. e"sryons'B best Intamet. We do not benevs
that the Inter10cal agreement all proposed pl'O'V1deB for the accomplishment of that
goal. Therefore, we ore requesting that Comml9Slon er;t/oo mlath/e to the adoption
of this agreement be delayed ninety days \0 provIde for a three party dlSClJMlon and
resolution of thlll' matter.
SI7P~
Ronald W. McLemore
City Manager
RVYM/jP
. cc; City Commission
County Commission
City Manager. OvIedO '
Oviedo City Commission
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CITY Of WINfER SP~INGS, FLcJRIDA ~;.'
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. 1128 EAST Sl'^ni:ROAD 4~ .. . .
WltHEFl SPRI~OS. FLOiii15;nVOS.77W'"
"-1."!\On' (4117) :127.18DO
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R.oaa lIS W. M eLelllotll
ell)! Mtmagcr
August 6,199B,
Eugene WIlliford. Ill, City Manager
CIty of OvIedo
400 Alexandria Blvd.
OvIedo. florida 32765
Dear Gene:
Related to the adoption process of the proposed Inlerlocal agreement between
Oviedo Bnd Seminole County, we have been advised by the City Altomey thet
. such adoption requires a public hearing prior to adoption by OvIedo and
Seminole County.
~ per the dlrectlon of the WInter Springs Comml~lon, we would like to knoW the
date of the pubflc heanng. AdditionallY. wa would like to roquest one hour In the
hearing to maka 8 formal pmentatJonln order to create a formal record as an
affected party related to thIs matter.
Additionally. the Commls.alon 081 asked me 10 relay to you that WInter Springs' &ole
desire 10 toworit out a c:ooperallve agreemant between the County, OvIedo and
Winter Sprlngo that amicably aetvea everyone's best Inter&Sl We do not believe
that the Inlerlocal agreement 89 proposed provIdes for the accomplishment of thllt
goal. Therefore, we reiterate oUr request that eommlaslon acUon relative 1.0 the
adOption of thla agreement be delayed nlnet)' days 10 provide for a three party
discussion and resolution of thIs matter.
Sincerely,
I.!ftCLemOM
City Manager'
RWMljP
cc: Mayor and Commission
County Commission
Oviedo City CommIssion
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CITY OF OVIEDO FLORIDA
Ai.')O ALEXANDRIA eOuLEV~RO . OVIEDO. FLORIDA 32765 . (~07) 977-&000
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v EUOENE Wlll.lfORO, iii
CITY "'ANAO~R
August 24. 1998
The Honorable Randall Morris
Chairman, Seminole Board of County Commissioners
Seminole County Services Building
. 1101 East First Street
Sanford, FL 32771
Dear Chairman Morris:
The Cit)' of Oviedo has reviewed the latest draft of the Joint Planning Interlocal
Agreement between Seminole County a'nd the City of Oviedo. Our obj ective is to
create an agreement that provides for orderly planning for future development, for
future infrMtrUcture improvements, and for use of those improvements currently
proposed. With such an objective comes the ability to proceed with the required
public hearings and ultimate incorporation into the City's and County's respective
Comprehensive Plans.
While the initial discussions between thc two staffs have been productive, there
rernainissues as to annexation boundaries, water/wastewater/reclaimed water service
areas, and flI'st response. Annexation boundaries are critical to the completion of any
and all other issues. The City await! the County's completion of its data gathering
and resulting conclusions for the small nrea study surrounding Chuluota and
resolution ofthe.issuc ofurbansprawllls accepted by the County.
To date the Joint Planning Agreement has been an idea that has materialized only
. .
through discussions and written correspondence with the County staff. The City and
County still have not reached agreement on the eastern and western boundaries of the
planning area and there has been only one presentation ns to the County's concept for
wnstcwatcr and reclaimed water service. Until these issues are resolved it will be
difficult to develop a formal agreement
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The City of Oviedo remains interested and supportive: of continuing dialogue with the
County. We would hope that you allow your staff to work on this planning effort with
our staff and ultimately a eompletc and formal document can be presented to the City
Council and the County Commission for consideration ,of a viable joint planning
agreement.
cc: City Council
County Commission
City Manager
County Manager,
William Colbert
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-.m;lUlIT H. 199.
Chdlrman M~r~19 ~tac~d h~ would (~vnr' the lmprov~ment~
being t8cqet~d (or the f~rn Pnrk Ar~A, I~tllnq th~ C~^ go
t,or'"'<'l cd and I) 1 t. J m,Ht:Jy t,he ql;1n~r.~ 1 I mpuJv/:m(~llt.q \Jork I t:'l Wr]Y
north.
Commissioner Van Dcr Weide ~t~ted he h8~ an opportunIty to
drive do,",n or~ng~ UlfJ~som Trill) wlITI t.o lack at f.hn .uq\y m~!l3
aJ(lnq that ma~()r jnr,E!r~"H7ll(\n :)ncJ hQ l)p.l J.~v~:l I,h.,r, sf.JlU n'il..~d!'\
to 1,1) k e ~ 10<:> k ill t ha t,'
Chilirman Hords 'rclt,er,o!)ted th/lt. the Po.Oilrd ha~ (:oncurr:e,; to
hp.ar back during the rirst Bunger. hc-~ring 1n scpt"lmber on t.h~
Lynx proposals, includ.ing Route9' ~OO a'nd 7.02, and thp. Clnanclnq
and c;onver.sion of the doJ.lar~ to p~y (or th09~ routes. He
stated he ,",ill report back ~s to ~hat bU3i~C35es In He~throw are
willing to p,Hticipate in this project. St.llff will provide
additional information relative to potenti~l van service in that
area. ,Staff w111 ~136 iook at the remaining ~ollars of
$623,000, not spent on Lynx, to go for in! ri,l9trl)ctur(!, mInus the
$100,000 lor the new l..in1< 202, for those proj~ctll identified l)y
3t~f[ for the fern Park area. Thi3 information will be
aubmlttc-d to the Board at the Budget heGring.
~
The Board rece93cd the meeting at )0:J5 a.m., reconvening
at 10:30 a.m., with CommJ,9sioner Adllm9 returning l.He.
OVIEDO JOltI'l' "LANNING AGiUtEMEN'1'
MS. ChDndler atated staffh.'l9 bf1en wor'dng with the Cities
of Winter Spting3 and Oviedo to develop joinr. planninlJ
agreements. Sh~ stated ~t8ff has had dl~cu3,lon:l '"'Lth the City
of Oviedo and ~he brought the Board up-to-date on the ~tatus oC
,thO,'je dl~c\J9~jon3. She 9t1id the County i.~ in'the mIdst of <In
EDSt Are~ Study a~d the completion of that study 19 important ,to
~he City of Oviedo.'
Commissioner Adams entered the meeting at this time.
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Ms, ChDndler, 5t~tod onc~ the rr~jlmln~ry datn Is compl~tcd.
stot! 101111 provida tMt In(o.rnatl0n t,o tM City o( Ovl!ldo and
they 'ooIill be oble to come up \oIJth concl.u~ions rel,Hlve to t.he
boundary for their' joInt pl03nnlnq .areo ,lnd .3nnC)(rll~lon
,...
boundll r i ea .,
She discu,sed othar gervlCCs. such a' w~ter & ,cwor
service ureu provisions, r~Uge provisions. and tr~n,portotlon
i!'oBucs. She saId st.,rf h.)s .recelvNl f) leltar from the City or
Oviedo (not received unci riledi. Staf! and the City of Oviedo
COl\curs' thut once the :ltudy 1s' complet.ed. 11 joint work ge:l:liOI'l
~hould be ~chedulcd to present those rr.commel\drltiOl\S for
discussion. A letter to the City MuMger of Winter Springs, il
petition of the City of Winter springs pursuant to Interlocal
Agreement on Hediution and Intergovernmental coordinat.l.on. al\d
Interlocal A9reement on Mediation rlnd Intergovernmental
Coordin~tion were received end filed.
Chllirman r~orriS stated the only i:l~ue Ch<!t seems to be
outst~nding is ~ resolution of w~at type oE dev010pment \oIould be
permitted along thAt ~one. He said the City of Oviedo is
concerned loll th the Battle Ridge development" which doals wi tM
the northern boundary of SR 04 IJnd florida Avanue, "nother
are" of content.ion is tne i;lrCIl of potential annexrltion around
the mall and ~ed au; L~ke Road corr.l.dor.
Lonnie Groot. Deputy County "ttorney, addressed the Bo/)rd
to state the City of Winter Springs is asking the County to
delay lIction on ~he City of oviedo's joint planning agrllement.
He stoted the County Manager has responded to the City of Winter
Springs' ,petition by s,~ying everything the City has lIllked for
h~s alreAdy been done.
Chnirman Morris 8t3t~d the Board has received a letter from
the City of Oviedo indicating th.;t they will be happy to met!t
~ith thc,City of Winter Springs. He stated he doesn't think it
1s advisable for the County to get involved again 1n a trl-party
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agreement.
There ,!lce nO cont~ntiou!'l lnsues bl!tw~en the county.
the City oC oviedo or the County and City of Winter, 5pring~. HQ
'tilted he wovld rccommend ;!llowlng bot" p<lrtieo to get together.
to work out their problem~. The City ofOvl~do will then repoet
back to the nailed. DiscU9~ion ~ngu~d.
Robert Guthrie'. cay of Winter Springs Attorney, ~drJr.e9,.,e(J
thp. Boaro to state' the mY:ltery of the ovledo Agrt-cment 19 what
HI going on and what 19 the nature of the bHqht. area in the
southeast.
He stoilt41d the City of Winter Springs dQe9 not w.!lnt
t.o interfere with the Oviedo issues east of their area. but they
would like t,o implement II proce,BS in t.ne southeastern '.:lre" of
the City.
Commi9sioner Adams left the meeting at this tlme.
,Ch~irman Morris stated the me!l9age that nceds to go back to
t.he City of Winter Spdngs i9, the County has done everything
they Clln do. it is now up to the City to work with the Cay of
Oviedo.
He .s3j,d, he feel!! It 19 important that the City of
Winter Springs should hold a headng on this j,!I:lue to get a
sen!!e of what they woilnt to do.
Attorney Guthrie ~t6ted the City i!l only a.king the County
to get involved with the prOCC!!s. DisCUs!!lon ensued.
Commissioner V~n Der Weide left the meeting 3t this time.
Co"""issioner MaloY stated he would like to be kept better
abre5st with this is~ue. He stated th0 County needs t.o se0 what
is going on with the joint area study on the east side.
upon inquiry by Chairman Morris. EugeM! Williford, City
Manager of Oviedo. addressed the Board to stllte tho C1ty of
Oviedo counsel h39 requested that the City of Winter Springs
Ijel.)y Bctionon Battle Ridge so that they can work out thOSE:!
boundaries. The CLty of' Winter Spring:! has declined that offer.
The City of Oviedo h"," been involved in trying to work out. a
resolution between both cit.ies.
The City Commission has
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I<UOU8f ~5, 1998
02uthOria'd tl1!lie Chcdr.milr'1 f.O meet wIth the Hllyor o( Wln!,,,r
he appr.aclatc9 lM County :ltilCC llno the Boord'!l p({ort~ In thl:
proce:!s.
, Attorney Guthrie ~tat(!d he would urge the .County to 1.0\.10.'
in thill prOCf.!3:l and m.lke t.l)re that p'''~ryone I.s ~lctlng In good
faith.
1 f tl1p.y (l.r"! nnt, thcy Jlre' ll~.k I ng thilt. r..he County' :J low
down the agreement with Ovl~do and ~ove (orwor.d with un
agreement that will 'address the lssue~.
Commi~sioner VOln Der 'A<!!lde reenterl:'d the meeting tlt thiS
tim~.
Attorney Guthrie stated he will Keep the County informed of
any progre:!s.
Chairman, Morris stated the County may hear back from both
parties with a recommendation reg~rding the ugreements around
the end of next month..
ADO-ON/SOUTH CENT~ SERVICE ~A tXPANSION paOGRAH
,Warren Wa9n~r, ~nvlronm~ntal &ervice~ Director, ~ddres~ed
the Board to state' the Univer~ity of Central Florida i3
increasing the siIe of th~ir ~astewater treatment pl~nt and havO
approached Seminole County to see if ,the County can take care of
their flo~s when they construct their facility. Thi, led to the
discussion of the County ultimately taking their buildout Clo",~
,of t~O million gallons a day.
He said this discus,ion led to a
possible relationship, ilS propo~ed in the Businll9S fOlan, for' iI
merger of utilitic9--UCF has water and wastewater utilities and
Seminole county has capacity at Iron Bridge. He statod UCf ~13o
need:! reclaimed wat.er" and the City of OviedO needs wast~water
capacity and recl~imcd water,
Deputy Clerk, ~Vd Roach, leCt the meeting at this time and
was repl~ced by Deputy Clerk, Cdrylon Cohen.
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CITY OF WINTER SPRINGS, FLORIDA
"~ E/IST ST^TE ROAD ~ .
WINTER SPRII'IGS. FI.ORIP.It. 3ZiOB-ma
T.leDh~ne (4m 327.'SiXI
Jtaaald w. McU:mORl
Cll)IMrJrJlltt'!T
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September 27, 1999
Cho.irpersoll
Board of County Commissioners
Seminole, County
Dear Chairperson and Members of the County Commission:
COnsistent with previous policy established by the Winter Springs CilY Comrni~sion. the
City ofWinlC1' Spring' requesls to enler inlo the record of the proceedings of tho CountY
Commission of Seminole County's meeting of September 28, ~ 999 ils oppo!ition to Ihe
, propo5ed Toint Pll1nning Agreement for thl) following relUon':
II The City Commission on numerous occllSioM has expressed iu concern lMta
loint Planning Agreement between a municipalily and the county which among
other things provide! for annexation boundaries established wilhout the
involvement of all adjacent jurisdictioM a.ffected by the proposed boundary
violatC5 Ihe spiril and inlent oflho lntergovemmcntai Coordination Element
requimnent ohhe Growth ManAgement ACl [ 163.3 I 77(h) Florida St8tul~ le..nd
9'-5,015 Florida Administrativo Code,
. The City ofOvicdo and Seminole County have chosen not to involve the Cily of
Wint~ Spring, in the process of devdopment of this proposed Joint PllLJ\ning
Agreement. Indeed, at II. mceting oCmo City Commission of Winler Springs in
1998, The Commission and City Manager invited the CilY Commission of
Oviedo (the Chairman oFlhe City Commission oCOviedo waS pre~ent Ilt u,"-
meeting) to develop a Joint Planning Agreement involving :ullhree (3)
jurisdicliolU i.e. Seminole county. Winter Springs, and Oviedo, The City
Commission of Oviedo refused to enlcT into a three pll.Tt)' Joinl Plnnning
Agreement.
. The proposed Agreemenl is inconsislenl wilh the provi!ions of Oviedo',
Comprehensive. Plan which providt3 the following polieies relalive lO joinl
participalion and cooper<1.lion in comprehensive planning M ellpressed in Ine
(ollowing provisions of Oviedo', Comprehensive Plnn:
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The City of Oviedo 'Comprcheruivc Plan in Objective 7-1.3 ~lItQl "To avoid
litigation a.nd rcaolve conflicts with local governments and regulatory agencies
through mediation and prevention..
Policy7-1.~.i suppoft:llhe objective in stating "The City (Oviedo) shaJl address
impacu and conflicts in the following m:1nner:
0.) The City St7Ji'shall first meet with the staff ofthe affcctil)g
government agency."
'The City of Oviedo Comprehensive Plan in Policy 7-1.3.J nates "ThCl city agrees
to p:uticipate inlL mediation pl'Cleei.l i!other governmentS or jurisdictions object
to Oviedo'! :IctiolUl."
On bohaJf of the City Commisuon of Winter Spring" I request that the Board of County
Commiuionm not sign the Ioint Pla.nning Agreement ilntil such time that all three (3)
juNdictiona afi'ccted by the Ioint Plo.fll'\ing Agreement coopm,tively worlc tow:lJ'd a
process II.nd development of a Joint PllMing Agreement th:1t r:oruidcrs the impacU upon
and in1c:resU of all three (3) jurilldicticn!. Good planning as envisioned by the Low ,
Government Comprehel1.!live Planning and Und Development Rcgul~on Act (Chapter
163 F.S.) will be rcat;zed with the participation of all three (3) juri~iction8,
Sincerely,
Cc;: RDn. Mc;l.cmore, City Manager
Scmil\Ole County File
Read File
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SEPT. 28, 1999
Upon inquiry by Ms. Coto, Commissioner McLain advised hp.
",ill :i.nc~udEl in .t.he mo~:i.on the rate redistribution. .:)s outlined
in Ms. Coto's Memorandum (copy received ,& filed) ciat.ed. September
:27,1999.'
Districts 1, 2, 3, 4 and 5'voted AYE.
PLANNING & DZVELOPHENT/ADMINISTRATION
Director of Planning & Development, Fl:ances Chc.,ndler,
addressed the Board to discuss the Oviedo-Seminole County J6int
Planning' Interlocal Agreement,
advising a draft JPA was
tran.smitted to the .city for review and action on December 8,
1998.
She stated that the City requested ~ome minor changes,
which she briefly outlined.
She added that staff' recoxnmends
approval of the changes as requested by the City.
The City
Council ,has also approved the agreement.
Chair~an Henley stated he believes p2ge ten of th~
agreem~nt needs to be clarified that this refers to "voluntary"
annexation. Whereupon, Ms. Chandler advised it is the intent of
staff that it is voluntary annexation.
The Board voiced no objections to including the word
"voluntary" in the f~rst paragraph on page ten.
The Chairman advised he is in receipt of a letter (copy was
received ~ filed) from the Cit;l of Winter Springs objecting to
the proposed agreement.
Mayor Paul partyka, City of Winter Springs, addre~j.';;ed the
Board to state he believes this should be a ~ri-parey agreement
and would request additiO,na1 ti.me so that both cities Cl.nd the
County can work out an agreement that eV8ryone is happy with.
Commissioner Van Der l~ei.de stated this process h.3S been
going on for a long time Clnd it r.J.ppears that the tw,~ ci tie!!
cannot come to an agreement.
He questioned how long does the
'Coun ty wait.
Hr. Partyka suggested a 90-d~y continuance.
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SEPT.:2.8,1999
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Upon inquiry by Commission~r Maloy, Ms. Chandler advised at
the timC?l the era.rt agreement was l~ransmi tted to Ovi;.:do, a copy
of it ~Jas also transmitted to Winter Springs for comments.
However, staff did not receive any comments back from Winter
Springs.
Commissioner Morris stated he does not believe a delay will
make any difference ~nd feels it is the appropriate time to move
forward with the agreement.
Chairman Torn Hagood, City of Oviedo, addressed the ~oard to
agree with including the word "volunc.ary" on page 1:.en" stating
they understand that this refers to voluntary annexation.
Commissioner Morris stated he believes this agreement goes
,a long way to show cooperation between the County and the City
of Ovieco.
Motion by Comrni$sioner Mo.n:i.s, seconded by Commissioner
Maloy 1:0 authori:te the Chairman to ex~cute the Oviedo/Seminole
CO\,ln,ty Jo.i.n,t I?lanning Xn1:erlocal Agreement, as shown on page
,,:>1; , as a.mended, with t:he understanding that a lette,r will
be attached to the agr.ee"en't specifying "voluntary" ,annexation
on page ten; Section 6(~) of the agr.eement.
Districts. 1, 2, J, 4 and 5 voted AYE.
Commissioner Mo.LClin left the meeting a.t this time.
PLANN:ING & DEVELOPMENT ICt1RR:EN'l' PLANNING
Ms. Chandler present.ed r,equest. to set public hearing for
the adoption of Amendments to the Seminole Land Deve:.opment
Code, .:ldvising there are four C'.ddi tional items, which were not
inclu.ded for discussion, at the ~Jork se.ss~.on concerning c.h,ts.
She requested these be added to the proposed ordinance.
Commissioner Van Der Weide stated the draft ordinance was
just distribut~d to the Board this morning and he has not had an
opporturd.ty to study it nor the <ldditional items on student
housing.
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