In an issue that just won’t seem to go away for the City of Brooksville, the City Council at its April 7 meeting once again felt forced to delay the completion of the utility service agreement with Majestic Oaks.
The development that is meant to include a sports academy at Brooksville Country Club has been battling the city ever since a wastewater capacity moratorium shelved most projects last summer. By February, the two sides had hammered out an agreement on a new utility service agreement to replace one from 2005 that the city said had expired. The council approved adding Majestic Oaks to the exemption list for the moratorium for up to 687 residential units and 75 commercial units.
Then, just prior to the final approval of that agreement at the March 17 council meeting, Majestic Oaks asked to amend the agreement to include a five-year plan to build the 919 units the property had been zoned for in 2022. That last-minute change drew the ire of most of the council, including Mayor Christa Tanner, who chastised Majestic Oaks for not working with the council in good faith.
Two weeks later, the council expressed a growing lack of patience and trust with Majestic Oaks. The lone exception was Vice Mayor Thomas Bronson, who has continually abstained from voting on this issue due to his admitted financial ties to the project. “If we’re not legally bound to give them the 900 at this point in time until we are absolutely sure we have the wastewater capacity, I say we don’t,” Council Member Louis Hallal said. “We’ve given them assurances multiple times and multiple times, every time we do, they come back with something different.”
According to legal counsel, the city is not obligated to agree to the 919 units at this time. The fear is that if the city has to deny those additional units at a later date due to a lack of wastewater capacity, it could face legal action. “I would not be opposed to granting it as long as we can get a legal document stating that when that time comes and if we don’t, there is no legal recourse for them to come back against the city,” Hallal said. “Because this thing was supposed to close, if I remember correctly, when they stood before us in February. It had to close by the end of February or the deal was off. And to my knowledge, that deal never closed at the end of February, but yet again we’re still here in this place.”
Majestic Oaks has already threatened a lawsuit in the past. To protect the city, the council agreed that the new agreement needed a hold harmless clause for any units beyond what was agreed upon in February. Until that is in place, the council reluctantly voted for a continuance. “Probably everybody up here is in agreement that we want to get this done and over with, I think at this point, but I think we need to do our due diligence and get that document in front of us,” council member J.W. McKethan said. “Because there’s just been so many moving pieces that I am in the same boat, I just want to make sure that we’re considering every option that we have in being careful about this.
“… Let’s just get this done and over with. Hopefully, one more meeting.”
Bronson attempted to defend the two representatives of Majestic Oaks who were at the meeting, citing their financial frustration. Other members of the council quickly disagreed. “They might be frustrated in this moment and I agree, financial frustration, especially in times right now, it’s tough. We never want to leave anybody high and dry with something. But this is the third time that I’ve been on council that this has come before council,” said McKethan, who was elected in November. “We’re all getting frustrated, as well. We’ve made agreements with them to get this deal done to where that financial burden is taken off their shoulders and they haven’t closed this deal yet, and we’re still up here wondering, ‘Why?’”
250 Water Meters Approved, Markham Lane Water Line Replacement, DOGE Letter Signed
The council also approved 250 water meters needed for the Leyland Preserve development. The cost will be $78,230.50, which is within the project’s budget. The urgency was to lock in the current price before it rises due to tariffs.
A contract with Carl Hankins, Inc. to complete the Markham Lane water line replacement project at a cost of $187,928.50 was approved by the council. That will be paid by water connection fees. The replacement is necessary due to a lack of water pressure for the homes in the area.
Additionally, the council approved Tanner to sign a letter responding to a letter sent by the governor’s office DOGE team. The response confirms that the city has not encountered any financial issues concerning: 1. Failure to pay short-term loans or obligations when due as a result of lack of funds; 2. Failure to make debt service payments on bonds, loans or other debt instruments when due; 3. Failure to timely pay uncontested claims from creditors for more than 90 days due to lack of funds; 4. Failure to transfer taxes, social security contributions or retirement plan contributions as required by law; 5. An unreserved or total fund balance deficit in the general fund or any major operating fund that persists for two consecutive years.
