Annexation Fails After Council Member Leaves Meeting

File image.

Robert Moore
Herald Staff
[email protected]

The City of Burgin took a step towards reentering county-wide planning and zoning in a typically dramatic style, with a tie-breaking vote from Mayor Joe Monroe. The council also couldn’t vote on a controversial annexation after a council member walked out, ending the meeting.

At their regular meeting on Tuesday, Sept. 8, the Burgin City Council gave first reading to an interlocal agreement to give the friendly little city seats on both the planning and zoning commission and the board of adjustments and appeals.

The Mercer County Fiscal Court and the Burgin City Council gave first reading to the ordinance earlier that Tuesday, while the Harrodsburg City Commission gave first reading at their meeting on Monday, Sept. 5. All three elected bodies must give second readings to the interlocal agreement, which must also be approved by the Kentucky Department of Local Government. Finally, the Burgin City Council must approve planning and zoning ordinances already enacted by the county and Harrodsburg.

If everyone signs off, the planning and zoning commission would become the Harrodsburg-Burgin-Mercer County Joint Planning and Zoning Commission. The board would expand to 11 members. The county would appoint five members, Harrodsburg four, and Burgin two.

The Board of Adjustments and Appeals would become the Harrodsburg-Burgin-Mercer County Joint Board of Adjustments and Appeals. The board would expand to seven members, with the county and Harrodsburg appointing three and Burgin appointing one.

The jurisdiction of both boards would include all the unincorporated land in Mercer County as well as all land within the corporate limits of Harrodsburg and Burgin.

Under the interlocal agreement, the planning commission would pay its expenses from revenue generated by service fees. Harrodsburg and Mercer would split any remaining expenditures evenly, with Burgin contributing $250 annually.

On Tuesday, Burgin City Attorney John Wood explained the interlocal agreement, the result of months of negotiations between lawyers representing all three entities.

Councilwoman Melinda Wofford moved to give it first reading, adding the council should not consider annexation of any properties until it was finally adopted. Councilman George Hensley voted no, while Councilman Syndicat “Sid” Dunn voted yes; Councilman Scott McCoy voted no and finally Wofford voted yes. Councilman Travis Irvin, citing his status as an employee with Burgin Independent School, recused himself, and Councilman Kevin Wallace, was absent, leaving a tie.

Mayor Monroe voted yes to break the tie, drawing a standing ovation from the capacity crowd at the Burgin Fire Department.

Mayor Monroe also cast the deciding vote on another annexation. Last month, the council voted, 4 to 2, to approve a property annexation requested by Jody Langston, who plans to build a development on Curdsville Road consisting of 37 houses with lots ranging from a quarter acre to an acre in size. The development would sit on 23.89 acres, including a fenced-off house on two acres. At that meeting, Monroe had vowed to oppose the annexation.

Langston has attended numerous city council meetings seeking to get her property annexed into the city. The council has twice voted to table votes on the annexation, in April and June of this year.

On Tuesday night, Councilman McCoy moved to give second reading, and Councilman Hensley seconded. Councilwoman Wofford voted no, as did Councilman Dunn.

“I’d like to explain my vote,” Dunn said. He called Langston “the developer I’d like to see in Burgin.”

“I want to make sure we have planning and zoning,” Dunn said.

“I am for it,” Dunn said, but he wanted to make sure they were moving forward “in the right way.”

McCoy and Hensley voted yes, resulting in another tie.

“I’m saying no,” Monroe said, fulfilling the vow he made on Aug. 11.

Finally, the council could not take any action on the controversial annexation of 10 properties into city limits for a proposed data center project.

The council previously approved the annexation at a special-called meeting held at the Burgin Independent School cafeteria in July, but a subsequent special-called meeting to give the ordinance second reading was canceled by a Facebook post.

On Tuesday, City Attorney John Wood explained the ordinance the council was considering.

“This is just for a vote for the attorney, myself, to draft the annexation ordinance,” Wood said.

Councilwoman Wofford walked out. With Irvin having recused himself and Wallace’s absence, the council lost their quorum, the minimum number of members who must be present to legally conduct business and vote on official action, according to the Kentucky League of Cities.

“There’s no action that can be taken,” Wood said.

“The meeting has been concluded since we don’t have a quorum,” Monroe said.

In a less dramatic move, the council tabled any vote on setting property tax rates until members had time to review the information. They will have to hold a special-called meeting to vote on the rate. As of press time, no meeting had been announced.