Readers of the Hernando Sun may recall that the County filed a lawsuit against the City of Brooksville which alleged that the City had been selective in annexing property. The County stated this created pockets (enclaves) of properties belonging to African American residents.
The County believes this amounts to racial discrimination, since the City was expanding, but without the need to provide services for those residents. The City denies the allegation, saying that it welcomes anyone who wishes to be included in the City, regardless of race.
Resolution of lawsuits between governmental agencies requires several steps, including holding meetings between the agencies, a joint meeting, and mediation. Two conflict assessment meetings were held, one in June and one in July, to see if the parties could come to an agreement. The City remained steadfast in requesting that the County drop the language pertaining to the discrimination, but the County is equally determined that the document remain unchanged.
According to a court order, the next step in the resolution process is to have a joint meeting between the parties. Following the joint meeting, a mediation should take place. County attempts to set a date for mediation have been met with silence from the City.
Cliff Taylor, who is an attorney with the Hogan Law Firm which represents the City of Brooksville, appeared before the BOCC at the 10/11/16 meeting with two of five City Council members. As one of the City Council members was out of the state, Taylor asked for a date after 10/17/16. Chairman Jim Adkins responded that Commissioner Jeff Holcomb was deployed for an undetermined length of time, so the sides were “pretty well even.”
Taylor presented the BOCC with correspondence between his office and Assistant County Attorney Jon Jouben, as well as a court order from September 20, 2016 in which the judge denied the City’s emergency motion, but allowed the option of setting another date.
Commissioner Wayne Dukes suggested rescheduling the joint meeting for 10/25/16, the BOCC’s next meeting date. “I don’t want it to ever be said that we [weren’t] as obliging as possible.”
However, Commissioners Rowden and Nicholson were not in favor. “We can keep kicking this down the road forever,” Nicholson said, and stated that all parties were aware of the date so there was no reason to reschedule.
Complying with the court ordered mediation would be an issue, Adkins said, since mediation must occur within 14 days of the 10/11/16 joint meeting date. Nicholson advocated moving straight to mediation.
Taylor offered a third option – forget the entire dispute resolution process, declare the parties at an impasse, save the taxpayers additional expense, “and put it in the judge’s hands.” That had already been suggested to Judge Scaglione, Jouben said, who rejected that idea. “There’s nothing in the statute that allows that,” Jouben stated.
Dukes, attempting to salvage the situation, asked how they could have a meeting with only two City Council members. County Attorney Garth Coller stated that this “no show” on the part of the City was expected.
Nicholson made a motion to follow the judge’s order and move directly to mediation, with Dukes seconding the motion.
Taylor referred to an email from Jouben which said that all issues, including the charges of racism, in the “Amended Petition for Writ of Certiorari” could be discussed. “We’ll see you at mediation,” Taylor said.
The motion passed unanimously (absent Holcomb). After the vote, Nicholson and Adkins praised the individual City Council members, but stated they had hoped that the conflict could have been resolved at the 10/11/16 meeting.