Annexation clock ticking for objectors
Published 5:00 am Monday, August 9, 2004
The clock is ticking for objectors to Brookhaven’s annexationafter an order approving the city expansion was entered in LincolnCounty Chancery Court late Friday afternoon.
Objectors have 30 days to file an appeal to the annexation.Sandra Gerald, spokeswoman for more than 200 objectors whochallenged the expansion, say the group remains committed to anappeal.
“Our plans have not changed,” Gerald said. “As long as we canraise the funds, we’re planning to appeal.”
Objectors are trying to raise $20,000 to $25,000 for theeffort.
Gerald did not wish to say how much has been raised so far. Afish-fry is scheduled for Thursday at Brookway Market Basket.
“We have done very well with the tickets,” Gerald said. “I hopethat will be a profitable event.”
Barring an appeal, City Attorney Joe Fernald calculated theannexation’s effective date to be Tuesday, Sept. 7. Monday, Sept.6, is the Labor Day holiday.
“I’m glad the wheels have started turning,” Fernald saidFriday.
On May 3, Special Chancellor John C. Ross Jr. approvedBrookhaven’s annexation of 14.4 square miles of land outside thecity. Since that date, attorneys and consultants have been securinglegal descriptions of the approved area and circulating the orderfor attorneys’ signatures.
The approved area would almost triple the city’s current 7.3square miles to 21.7 square miles. The city’s population wouldincrease from 9,861 to 12,964, according to demographic informationpresented at a recent city board meeting.
While objectors will have 30 days to appeal, differences betweenstate law and Rules of Civil Procedure dictate that the city willstart providing services to the newly-annexed areas in 10 days,starting Aug. 16. Fernald said the first step for the city will beto advise city departments about the enlarged coverage area.
Fernald said the next step will be to wait to see if an appealmaterializes. The city would not have to extend services to the newareas if there is an appeal, although the Brookhaven FireDepartment in the past has responded to fires outside the city whenrequested.
The attorney also mentioned the possibility of the city filing across-complaint on appeal to seek areas that were excluded from theannexation. Areas west of Interstate 55 and a private landowner’sproperty in the northeast corner of the proposed annexation areawere rejected by the judge.
“We have some concerns over areas that were deleted from theannexation,” Fernald said.
Fernald said a decision on a cross-complaint would have to bemade by the board of aldermen after talking with consultants Bridgeand Slaughter.
Gerald questioned why the city would want to seek the added areaShe said that would add more people who likely would oppose theexpansion.
“I would hope for the sake of the people they would not try todo that,” Gerald said.
Also, Gerald recalled comments consultant Mike Bridge made at acity board meeting regarding the city being in better financialshape without the deleted territories. She questioned why the citywould want to take on something that would leave it in worsefinancial condition.
Fernald said city officials also are awaiting word from thestate Attorney General’s Office regarding the effect of an appealon city ward redistricting plans. Regular city elections arescheduled for 2005.
With the city’s population under 10,000, Brookhaven is to berepresented by five aldermen instead of the current seven. Anappeal would halt implementation of the annexation and could forcethe city to have to redraw lines for four wards with one aldermanat large.
Pending the AG’s opinion, Fernald said consultants are preparedto move forward to draw ward lines for the current city limits orfor the expanded city. A redistricting plan will have to receivepre-clearance from the U.S. Department of Justice.
For residents of the approved annexation area, they will not seecity taxes on their property tax notices this year. Should theannexation be approved, Fernald said the expansion did not fallinto the current tax year in time to affect residents.
“The tax year 2005 is the first year people would be responsiblefor,” Fernald said.
If the annexation is not appealed, new city residents would seedifferences on property tax bills they receive in December2005.
“The city will not realize any ad valorem (property) tax revenueuntil that point,” Fernald said.