Friday, June 8,
2001
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Fayette rejects Fairburn annexation petition By DAVE
HAMRICK
After inviting city of Fairburn officials to a joint meeting to discuss a proposed annexation this week, the Fayette County Commission rejected the petition without ever hearing from the officials. The estate of Nannie C. Gladin had petitioned the city of Fairburn for annexation of a 42.3-acre site, about half of it in Fayette County and half in Fulton County. Without having discussed the matter with the City Council, city officials notified Fayette County of the petition. That triggered a new provision in state law governing annexation requests across county lines. The county involved is required to either reject the petition immediately, or call a joint meeting of the two governing bodies within 15 days to discuss the matter. But Fayette officials interpreted "governing bodies" to mean a quorum of both the County Commission and the City Council, while Fairburn officials believed only representation by both bodies would be required. When only Mayor Betty Hannah, City Attorney Bradford Sears and City Manager Tony Cox showed up at the commission meeting Wednesday, commission Chairman Greg Dunn wouldn't allow the group to speak. "My feeling is we should put an end to this right now," said Dunn. He said his interpretation of the law was that the commission could discuss the matter with Fairburn officials only if a quorum of the City Council were present. "I would have thought that you would have been prepared," Dunn told the Fairburn officials. Sears disagreed with Dunn's interpretation. "The mayor of the city of Fairburn is the chief executive officer and chief administrative officer of the city," he said. But Dennis Davenport, Fayette's county attorney, advised the commission that Dunn's interpretation was correct. "We have a very difficult time coming to an agreement or [getting] any information from you. We need to hear from the governing authority of Fairburn," Dunn said. "We didn't think that either body would be making the definitive agreements at this time," said Sears, suggesting the bodies agree to a later meeting date. The law provides for both bodies to postpone the decision, he pointed out. But both bodies weren't present to even agree to postpone, Dunn countered. Commissioner Linda Wells, who made her opposition to the annexation clear from the first moment it was brought to the commission, made the motion to deny the petition. Commissioners voted unanimously in favor of the motion. Concerns expressed by Wells were that if the city were allowed to annex across county lines, it could then annex farther into the county without the county's permission, possibly fostering more high-density development. Also, the county is in a dispute with the city over the city's plans to provide sewer service to the Fayette town of Tyrone, and Wells feared the county would lose its right to file suit in that dispute if Fairburn were to become a Fayette County city. If Fairburn City Council later decides that it wants to approve the annexation in spite of the County Commission's denial, its only recourse will be to file a petition in Fayette Superior Court. A visiting judge would hear that petition. Neither Hannah, Cox nor Sears was available for comment Thursday.
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