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Home My WebLink AboutResolution-2011 BOARD OF COUNTY COMMISSIONERS / n� SeM� OLr COUNTY July 1, 2011 Mr. Kevin L. Smith City Manager , City of Winter Springs 1126 East SR 434 Winter Springs, Florida 32708 Subject: Seminole County Responding Resolution Dear Mr. Smith: On June 28, 2011, the Seminole County Board of County Commissioners adopted Resolution No. 2001-R-129. This resolution is in response to the Initiating Resolution adopted by the City on May 9, 2011, to begin negotiations regarding annexation of certain unincorporated enclaves into the City (certified resolution enclosed). We value and seek to preserve the spirit of cooperation that exists between our jurisdictions and look forward to negotiating an interlocal agreement in the best interests of residents of Winter Springs and Seminole County. If you have any questions regarding this matter, please contact Mr. Jim Hartmann, County Manager, at 407-665-7211. Thank you. Sincerely, BOARD OF COUNTY COMMISSIONERS Sir Brenda Carey Chairman Enclosure c: Honorable Charles Lacey, Mayor, City of Winter Springs Anthony A. Garganese, Brown, Garganese, Weiss & D'Agresta, P.A. Board of County Commissioners Jim Hartmann, County Manager Joseph A. Forte, Deputy County Manager Nicole Guillet, AICP, Growth Management Department Director 1101 EAST FIRST STREET • SANFORD FL 32771-1468 • tEl (407) 665-7219 • FAX (4071 665-7958 w'AWSFM I NOLECOUNTVFL.GOV ss lomiiirra i -{sLLL CORM, OV,Iggr r m ;FefA f e ry}jjfprrQ_ig{�o�¢jp{t"QU��'yebsjtEnl�yFyt�'p`iy'�ip�n„",�y m Pease $ m cemme so" {�I1Io�i • "'�' ZQ 1 orsWmnt RMvJ oswM< p {enaorsemem ROamnq Here ° FeStriMa Jellvery Fex �Eneorssmam Bequimej ° &Foes $ Tarel Posts o $ ,a N 62 'a ve{Apr.nc: ° a.vo aox xa I W 1/2,,r;" Y-�9-- Par,srea 1 A 13 RESOLUTION NO. 2011-R- 129 - SEMINOLE COUNTY, FLORIDA A RESOLUTION OF THE SEMINOLE COUNTY BOARD OF COMMISSIONERS RESPONDING TO THE INITIATING RESOLUTION ADOPTED BY THE CITY OF WINTER SPRINGS, FLORIDA TO BEGIN DISCUSSIONS AND NEGOTIATIONS REGARDING THE POTENTIAL ANNEXATION OF UNINCORPORATED "ENCLAVES" INTO THE CITY OF WINTER SPRINGS PURSUANT TO THE INTERLOCAL SERVICE BOUNDARY AGREEMENT ACT SET FORTH IN CHAPTER 171, PART II, FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE. WHEREAS, in 2006, the Florida Legislature enacted the Interlocal Service Boundary Agreement Act, which was codified as section 171.20 et. seg. (the "Act") ; and WHEREAS, the principle goal of the Act is to encourage local governments to jointly determine how to provide services to residents and property in the most efficient and effective manner while balancing the needs and desires of the community; and WHEREAS, the intent of the Act is also to provide a more flexible process for adjusting municipal boundaries and to address a wider range of the effects of annexation; and WHEREAS, the Act encourages intergovernmental coordination in planning, service delivery, and boundary adjustments to reduce intergovernmental conflicts and litigation between local governments; and WHEREAS, it is also the intent of the Act to promote sensible boundaries that reduce the costs of local governments, avoids duplicating local services, and increases political transparency and accountability; and WHEREAS, the County Commission recognizes that the Florida Legislature has determined that enclaves can create significant GE T ) '., PAR/ANNE MOPS' Responding Resolution - Enclaves s r('Jf OU41 C City of Winter Springs �� /w :��< flDR Je Page 1 of 4 ` _ - n'f^• kY problems in planning, growth management, and service delivery, and that the Florida Legislature has declared that it is the policy of the state to eliminate enclaves; and WHEREAS, on May 9, 2011 Seminole County received Initiating Resolution Mo.. 2011-20 adopted under the Pct by the City Commission of Winter Springs regarding the annexation of enclaves into the City of Winter Springs; and WHEREAS, in accordance with the policy of the state to eliminate enclaves, it is the intent and purpose of this Responding Resolution to formally recognize the Initiating Resolution adopted by the City of Winter Springs and to permit the City of Winter Springs and Seminole County to engage in meaningful and structured negotiations regarding the elimination of enclaves for potential annexation into the City of Winter Springs; and WHEREAS, for purposes of this Resolution, the term "enclave" shall have the same meaning as provided in Section 171.031, Florida Statutes; and WHEREAS, the County Commission is concerned that the rights of property owners, residents and prospective purchasers be protected by equal treatment under the law, receiving services proportional to the tax burden imposed and not be forced into annexation without their willing consent; and WHEREAS, the County Commission is concerned about the impact of any future interlocal agreement on existing interlocal agreements regarding the annexation of enclaves; and Responding Resolution - Enclaves City of Winter Springs Page 2 of 4 WHEREAS, involuntary annexation referendums may result in a small minority of voters deciding important property rights for a larger population of property owners; and WHEREAS, the County Commission hereby finds that the adoption of this Resolution is in the best interests of the citizens of Seminole County, Florida. NOW THEREFORE, BE IT RESOLVED by the Seminole County Board of Commissioners, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference. Section 2. Area and Issues. Seminole County hereby identifies the unincorporated enclave areas and issues for negotiation set forth in Resolution 2011-20 adopted by the City Commission of Winter Springs. No additional areas or issues are identified by Seminole County at this time. Section 3. Additional Concerns. Seminole County hereby identifies additional concerns to be discussed in any negotiation of an interlocal agreement as follows: a. Property owners and prospective purchasers receive adequate notice of annexation and that annexation only occurs with the consent of the property owners or prospective purchasers. b. Any additional tax burden on private property owners is accompanied by a corresponding increase in municipal facilities and services. Responding Resolution - Enclaves City of Winter Springs Page 3 cf_ 4 c. The status of any existing interlocal agreement regarding the annexation of enclaves and particularly the interlocal agreement between Seminole County and the City of Winter Springs dated February 9, 1987 . d. Surcharges for services outside city limits. e. In the case of referendum votes, that all affected property owners are represented. Section 4. Distribution of Responding Resolution. Within seven (7) days after the adoption of this resolution, the County shall send this Resolution by United States certified mail to the chief administrative officer of Winter Springs, Florida. Section 5. Effective Date. This Resolution shall take effect immediately upon its final passage and adoption by the County Commission. ADOPTED by the Board of County Commissioners of Seminole County, Florida in a regular meeting on the 28th day of June, 2011. ATTEST: BOARD OF COUNTY COMMISSI0NERS SEMINOOLE COUNTY, FLORIDA By (L./p 2g L MORSE BRENDA CAREY, Chairman Cie r to the Board of County Commissioners of Seminole County, Florida KFT/sjs/ljp 6/21/11 6/39/11 o u..e.,,=ona rrea.,000_„r.00s,aou.rozpom_„9 resolution (enslaves).doc Responding Resolution - Enclaves City of Winter Springs Page 4 of 4