Union County and Jerome Township officials have agreed to enter into mediation to resolve issues between the two entities.
On Tuesday, the county released a statement noting the approval of an agreed order by William Woods, a visiting judge with the Court of Common Pleas, that both puts a pause on the enforcement of a township zoning amendment and the county’s legal filing against it. The measure was approved pending the entities agreeing to mediate.
“Without waiving their claims or defenses, the parties have agreed to temporarily stay the litigation pending a mediation subject to the terms of this agreed order, which shall temporarily restrain and enjoin (Jerome) from enforcing the zoning amendment until the mediation process has been completed,” according to the order. “The mediation shall be scheduled by the parties with a private mediator to occur sometime before Nov. 30.”
County Administrator Bill Narducci said this is a step in a positive direction to repair the rift in the county/township relationship.
“In our mind, this is a positive thing. Obviously for us, we’d like to get that amendment removed from their zoning altogether,” he said. “This is something we think we can work out with the township. We are more successful when we work as a region.”
The amendment, which was approved by the trustees in July, requires commercial developers to take part in certain tax initiatives and obtain the written consent of the board of trustees before engaging with others.
In August, the county commissioners filed a civil action to challenge the amendment on the grounds that it “exceeds the limited zoning powers granted to townships,” citing the Ohio Revised Code.
The township released a statement earlier this week that noted its willingness to come back to the table.
“In an unwavering commitment to the tax-paying residents of Jerome Township, we are committed to resolving our differences with the county,” according to the statement. “By temporarily suspending our zoning text amendment, we are demonstrating our willingness to engage in a mediation process that ensures the best interests of our community are at the forefront of our final agreement.”
Jerome Trustee Wezlynn Davis agreed with Narducci, saying this is a step in the right direction and potentially something that “needed to happen.”
“I definitely think this is positive, I really do,” Davis said. “It is the township’s thought that mediation with a third party is central to moving this forward.”
While the agreed order notes the zoning amendment and suit, officials said the mediation will be more about resolving the overarching issues dealing with how the entities handle funding mechanisms such as incentives and abatements.
Many of the issues stem from the breakdown of the Cooperative Economic Development Agreement (CEDA), which encompasses a 14,000-acre area in the township. Officials said their hope is to get back to where they were prior to that breakdown.
“There were too many times we seemed to nod and agree to things but then there was always something that changed in the 11th hour,” Davis said. “If we have a third party, hopefully that will prevent changes and allow for there to be a record of what was said.”
The county’s press release also highlighted the entities goals of reaching an agreement.
“Moreover, the stay of enforcement will allow the parties to resume their negotiations to see if they can reach a global resolution that will encourage economic development and fund public infrastructure in a manner that is satisfactory to both parties and beneficial to the citizens of Union County and Jerome Township,” according to the statement.
Commissioner Dave Burke agreed with both officials noting, “Nothing can’t be undone.”
“The best things that can happen for residents, no matter where they live, is that we find some way,” he said, highlighting how many of the tax measurers put in place can be pulled back. “We can undo and supersede and just repeal and replace with one agreement.”
He said much of what has been done has been “defensive,” such as the county expanding its Community Reinvestment Area (CRA) in early August.
“All of this is the result of defensive action because we don’t have an agreement, all of which can be unwound,” Burke said. “We are much stronger and wealthier, by that I mean prosperity and values, when we work together.”
While the agreed ordered includes the mediation by Nov. 30, it does stipulate that the timeline can be extended if both parties agree.