07/10/2007 (2) - Laserfiche WebLink

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thought that to use the argument that we would have more affordable housing because we would have cheaper lands did not "float" for him. Chairman Wheeler asked Attorney Collins what would be the steps taken if we were to challenge this. Attorney Collins explained that staff would have to come back next week with a resolution initiating a dispute resolution procedure under Chapter 164, Florida Statutes, and the resolution would state the conflict, the justification for initiating a dispute resolution, and a proposed date and location for meeting, along with suggestions as to who should be present at the meetings. Further, that would go for a minimum of probably 2 1/2 to 3 months before one could work through that process; and if there is failure to resolve a dispute as to the legality of the annexation, then the County could file a certiorari petition in the Circuit Court, and attempt to have them strike down the annexations as illegal. Chairman Wheeler told Commissioner Davis that we could not negotiate in good faith when we have no bargaining chips at all, because this Commission has decided to move forward and ignore the 18,000 acres. Commissioner O'Bryan agreed with Commissioner Davis that we have a process in place to help resolve some of these conflicts, but felt the bottom line is, it is only going to work if both parties follow the rules, and in this case, Fellsmere has not followed the rules of Chapter 171.2, which he explained. Commissioners Davis and O'Bryan debated whether Fellsmere broke the rules according to Florida Statutes. Commissioner Flescher questioned at what point the 18,000 acres were added to the responding resolution, and Chairman Wheeler and Commissioner O'Bryan explained. Commissioner Flescher believed legal action would not allow the opportunity for constructive negotiations for the future of this County. July 10, 2007 38