Sellersburg continues with annexation by a unanimous vote

Clark County

Discussion

December 28, 2009

Fight likely to continue with residents being annexed

By BRADEN LAMMERS The News and Tribune Mon Dec 28, 2009, 09:50 PM EST

SELLERSBURG — The town of Sellersburg continued its effort of a forced annexation of a neighborhood at Monday night’s town council meeting.

The council responded to last week’s unanimous approval by the Clark County Commissioners allowing Covered Bridge subdivision’s petition to incorporate by a unanimous passage of its own ordinance which approved the annexation of the same area.

In addition to Covered Bridge, the area for proposed annexation includes Sterling Oaks, The Willows and an area which runs down Allentown Road close to Perry Crossing Road and totals 1,852 acres. Several residents that are part of the boundary of the proposed annexation made a last plea to the town council for their independence.

“There’s a lot of things that happen in towns and cities that the county people don’t have to deal with,” said Mark Crum, a rural resident within the proposed annexation area.

One repeated complaint was a concern over whether or not farm owners in the region would be able to protect their livestock from a local coyote problem, as it will be illegal to use a firearm within the town’s limits.

“There’s nobody I know that wants this,” Crum said. “The way I see it [is] the town wants more and I’m satisfied with what I’ve got.”

A compromise that may be likely, according to council members, is an amendment to the town’s ordinance allowing certain areas to continue to protect their livestock without being in violation of the town’s gun ordinance.

While that small compromise was offered by the town council, it would not yield on its effort to annex. However, an avenue still remains — via a remonstrance — to those who do not wish to be brought into the town of Sellersburg.

“That remonstrance period will run for 90 days from the date of publication [of the passage of the ordinance], which is the time period in which any disgruntled individuals, such as yourselves, can file that petition,” said Perry McCall, attorney for the town of Sellersburg, speaking to the opponents of annexation that remained at the meeting.

“If there is no remonstrance, beyond the expiration of the 90-day period, the annexation ordinance will be effective, once its filed with certain entities” he said.

The 90-day period is anticipated to end on March 27.

However, an audience member questioned whether or not the areas could be brought into Sellersburg’s limits in the year of a census.

McCall responded by reading a state statute that says an annexation ordinance may not take effect in the year prior to the year a federal decennial census is conducted.

However, a fight still remains for the town of Sellersburg via the incorporation of the town of Covered Bridge. Sellersburg has still not received a ruling on its complaint for declaratory relief before Judge Jerry Jacobi, who previously denied a preliminary injunction filed by Sellersburg, and more will be added to the complaint.

“It’s my intent to file another action concerning the ordinance that was passed by the county commissioners last week, regarding the validity of that petition,” McCall said.

McCall added that he did not believe the evidence available was substantial enough to allow the passage of the petition for incorporation.

“There wasn’t sufficient evidence on the record presented to support each and every one of the findings that were made,” he said. “... Meaning that there was nothing specifically alluded to or found that said that this area could be used for future development.”

Another question that the commissioners likely will have to address is a contingency added to the petition of incorporation, basing final approval on the enacting of interlocal agreements for services such as sewer or fire protection.

“I don’t think you can have it both ways,” McCall said, referring to the legality of the interlocal agreements being required for final approval. “It’s going to be long and tedious either way.”

In other business

• An ordinance — 2009-030 — was approved for a zoning classification for an apartment before it is sold.

The complex, off New Albany Street, was built in 1988 — before Sellersburg’s comprehensive plan was initiated — but was improperly mapped as a I-B1, or business, designation when it should have fallen under a R3, or residential, designation.

Unanimous approval was granted to verify the zoning designation as R3.

• An ordinance — 2009-028 — approving the health insurance plan for retirees of the town of Sellersburg, as well as an ordinance 2009-029 transferring funds to pay for the plan, were unanimously approved by the council.