Published: June 03, 2009 11:11 pm      

Ronceverte annexation hits a snag

Greenbrier commission refuses to vote on motion

LEWISBURG — Defying advice they had sought from legal counsel, all three Greenbrier County commissioners refused to make a motion to approve Ronceverte’s annexation of the Organ Cave community.

Commission president Betty Crookshanks explained to the packed gallery at Tuesday night’s meeting the annexation appeared to be inevitable, given current state law. “A county commission cannot say no,” she said.

A letter Crookshanks had requested from Prosecuting Attorney Patrick Via noted, “The commission has little discretion in such a matter.”

State Code requires the commissioners to, essentially, rubber-stamp the municipality’s request, regardless of their own opinions or those of the residents in the area targeted for annexation.

A large contingent of Organ Cave property owners attended the commission session, but allowed their attorney, William Turner, to speak for them.

“We feel this is bad decision-making for Greenbrier County,” Turner said of the requested annexation.

He advised the commission he planned to file a challenge to Ronceverte’s petition in circuit court by June 23, the date of the next county commission meeting, and invited the commissioners to secure independent legal counsel and join in the action.

One of the developers of the Stoney Glen subdivision, which requested annexation, said once the still largely undeveloped property is a part of the city, it will be able to pursue infrastructure funding as a Community Enhancement District. The CED is legally empowered to issue bonds to pay for such amenities as water and sewer lines, roads, sidewalks and utility lines. The developers would repay the debt by collecting an assessment from each homeowner in the subdivision.

Commissioner Brad Tuckwiller countered, “The Community Enhancement District has been a red herring ... We do those in the county, too.”

Later in the meeting, the commissioners voted unanimously to instruct the county planning commission to re-examine the Stoney Glen subdivision, saying questions had been raised about the process that was followed in granting it.

Another land use-related decision that will get another look is the board of zoning appeals’ May 5 approval of a Planned Unit Development for a 39-unit campground on the Greenbrier River at Caldwell.

Lewisburg Mayor John Manchester told the commissioners that while county regulations require individual notification of neighboring property owners, the city was not notified of the proposed campground. The legal notice advertising the BZA’s public hearing regarding the request by Roy and Shelby Dodd described the property as being approximately 5 acres located between the Lewisburg water plant and the Greenbrier River.

Attorney Richard Ford, representing neighboring property owners Jeffrey and Pamela Graham, also addressed the commission, maintaining the Dodds’ petition was “fatally flawed” in that it was incomplete. Ford also echoed Manchester’s complaint about lack of notice, claiming neither his clients nor several other property owners received notification of the proposed campground.

Ford pointed out the legal advertisement published in local newspapers was for a 10-unit campground, but the BZA approved a density of 39 units.

The commissioners agreed the BZA should review the petition and re-hear the evidence, following proper notification of all adjacent property owners.

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