HomeMy WebLinkAbout2000 12 12 Letter Re: Annexation Ordinance Numbers 2000-36, 2000-40, and 200-41
COUNTY MANAGER'S OFFICE
VIA CERTIFIED MAIL
December 12, 2000
Ronald W. McLemore, City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Re: Annexation Ordinance Numbers 2000-36, 2000-40, and 2000-41
Dear Mr. McLemore:
This letter shall reflect that there is a conflict between the City of Winter Springs,
the City of Oviedo and Seminole County regarding Winter Springs' Annexation
Ordinance Numbers 2000-36, 2000-40, and 2000-41. The City of Oviedo and
Seminole County hereby initiate the conflict resolution process under Chapter
164.1052, Florida Statutes, because of the concerns expressed in the Petition to
Invoke the Interlocal Agreement dated January 24, 1995, enclosed with this
letter. It is proposed that a conflict assessment meeting be scheduled for mid-
January, 2001 at the Seminole County Services Building. The suggested
officials to be present are:
City Manager of Winter Springs
City Manager of Oviedo
County Manager of Seminole County
Enclosed is a certified copy of the Resolution of Seminole County.
Sincerely,
.~ . /c;~.~~_~
J. Kevin Grace
ounty Manager
JKG:mm
cc: William L. Colbert, Esquire, Attorney for Oviedo
Anthony A. Garganese, Esquire, Attorney for Winter Springs
Paul Partyka, Mayor, City of Winter Springs
Tom O'Hanlon, Mayor, City of Oviedo
V. Eugene Williford, Oviedo City Manager
Bryan Cobb, Planning Director, City of Oviedo
Cindy Gennell, CALNO Chairperson (City of Winter Springs)
1101 EAST FIRST STREET SANFORD FL 32771-1468 TELEPHONE (407) 665-7219 FAX (407) 665-7958
PETITION TO INVOKE THE INTERLOCAL AGREEMENT ON
MEDIATION AND INTERGOVERNMENTAL COORDINATION
Seminole County, a political subdivision of the State of Florida (the "COUNTY"),
pursuant to that Interlocal Agreement on Mediation and Intergovernmental Coordination
("Agreement") dated January 24, 1995, hereby petitions to invoke the Agreement and to
call an Executive Settlement Conference ("ESC") to be held pursuant to Section 4 and 5
of the Agreement.
The central issue to be discussed at the ESC is the COUNTY's challenge to
three (3) Winter Springs' annexation ordinances, Numbers 2000-36, 2000-40 and 2000-
41.
The COUNTY believes that said annexations violate the 1999 Joint Planning
Agreement between the City of Oviedo and Seminole County; are in direct conflict with
the results of the Seminole County Greeneway/SR 434 Small Area Study; create an
enclave of unincorporated area; ignore the City of Winter Springs' agreement not to
extend development beyond the eastern boundary of the Battle Ridge development and
disregard the writtenlrural boundary established in the Seminole County
Comprehensive Plan.
A preliminary list of the COUNTY's representatives that will be present at the
ESC include:
J. Kevin Grace, County Manager
Frances Chandler, Deputy County Manager
Stephen P. Lee, Assistant County Attorney
Tony Matthews, Planning and Development
The COUNTY further states that Seminole County, the City of Winter Springs
and the City of Oviedo have been involved in negotiations relative to these annexations
for some time. Due to the nature of these negotiations, the COUNTY also believes that
the best interest of all parties would be served by bypassing the Executive Settlement
Conference provisions of Section 5 and moving directly to mediation under Section 7 of
the Agreement. The COUNTY, therefore, seeks the City of Winter Springs' concurrence
in this arrangement and looks forward to bringing this matter to a successful resolution
under the terms of the Agreement. The COUNTY will propose a mediator to the City of
Winter Springs in the near future upon notification of concurrence.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by Certified Mail to Ronald McLemore, City Manager, City of Winter Springs,
1126 East State Road 434, Winter Springs, Florida 32708, V. Eugene Williford, III, City
Manager, City of Oviedo, 400 Alexan.aria Boulevard, Oviedo, Florida 32765 and Cindy
Gennell, CALNO Chairperson this .[E'fJay of D cember, 2000.
~ -:---. .~ L'~--
J. EVIN GRACE, County Manager
SPL/gn
CAGN01\RES\WSsuiL TR.doc
RESOLUTION NO. 2000-R- 259
SEMINOLE COUNTY, FLORIDA
-
THE FOLLOWING RESOLUT.ION WAS ADOPTED BY THE
BOARD OF COUNTY COMMISSIONERS OF SEMINOLE
COUNTY, FLORIDA, AT THEIR REGULARLY SCHEDULED
MEETING ON THE 12TH DAY OF DECEMBER,2000.
WHEREAS, Chapter 164, Florida Statutes,. provides for conflict resolution
procedures between and among governmental entities; and
WHEREAS, the Board of County Commissioners of Seminole County desires to
initiate said procedures,
NOW, THEREFORE, be it resolved by the Board of County Commissioners of
Seminole County that:
Section 1. The City of Oviedo and Seminole County will timely file a petition for writ
of certiorari in the Circuit Court of Seminole County to resolve a conflict regarding three
Winter Springs' annexation ordinances, Ordinance Numbers 2000-36, 2000-40, and 2000-
41.
Section 2. The areas of conflict concern Winter Springs' passage and adoption of
these annexation ordinances in violation of Chapter 171, Florida Statutes, Chapter 166,
Florida Statutes, and the City of Oviedo/Seminole County Joint Planning Agreement.
Section 3. That this Resolution shall become effective immediately upon its
passage and adoption. The County Manager and the Clerk of the Board shall take all
actions required by Section 164.1052, Florida Statutes, to implement the intent of this
Resolution,
DATED this 1 ih day of December, 2000.
Board of County Commissioners of
Seminole County, Florida
CE~~--
M,lI;."J.\NNE MORSE DICK VAN DER WEIDE, Chairman
SPUgn/RES\WSsuitdoc CLEBK OF C!RCUli COURT
SEMINOLE COUNTY. FLORIDA
BY S' \.y~Ce(LVt rv',---,,_
. DEPlJrf CLERK