LAUREL HILL — After a contentious debate over Mayor Robby Adams' use of his veto powers, two ordinances required to annex former Councilman Johnny James's property into the city were approved on 4-1 votes.
The ordinances must have second readings and approvals at the council's July 7 meeting to pass into law.
James, who was twice elected to the council, and his wife, Ernestine, have been trying for more than a year to have their property annexed into the city after it was discovered in November 2014 that it was actually adjacent to Laurel Hill's boundary.
The property was believed to have been annexed into Laurel Hill with other Robbins Road properties in the 1960s, but due to a clerical error, it was not included.
MAYORAL VETO
Adams vetoed Ordinance 320, which established the city's annexation procedures, informing the council of his decision by a letter read at the May 5 council meeting.
Adams said he would sign the ordinance after the James annexation was complete, assuring the annexation could occur under the city's former procedures.
However, upon researching the veto, Councilman Scott Moneypenny, who has consistently opposed the James property's annexation, discovered that by state statute, an ordinance passed by a municipal council goes into effect 10 days after passing unless vetoed within that time.
"The mayor did not notify the council until 29 days after the passing of the ordinance," Moneypenny. "The mayor had only 10 days, per state statute."
When city attorney Dan Campbell said it appeared Adams' veto was overturned, Moneypenny then said the James annexation couldn't take place because it was not consistent with the newly passed annexation procedures ordinance.
OUTCRY
"You've tried everything else to stop this annexation, which has cost the city more money than it should have," Councilwoman Debra Adams said. "He (James) has already submitted his papers…"
"He paid his money, too!" resident Jeff Senterfitt added.
"He began the process before 320 was in action," Councilman Travis Dewrell said.
"Mr. Johnny James come to the city hall," Senterfitt continued during a public comment period. "He wanted to be in the city. The man done everything he was told to do. Now Mr. Moneypenny, for some reason or other, is fighting it tooth and nail to not let this man become a citizen of Laurel Hill. I don't understand this thing. I don't know why.
"Let's get this behind us. We spent a lot of money that didn't need to be spent. It's going to end up in a legal battle, I assure you."
The council then approved, on 4-1 votes, first readings of ordinances approving the James's petition for annexation and approving a small scale amendment to the city's comprehensive plan adding the couple's property as low-density residential housing.
Moneypenny voted nay both times.
"We will consider the veto was invalid until we get something different from the attorney," Council Chairman Larry Hendren said, referring the matter to Campbell for clarification.
"So 320 is in place?" Dewrell asked.
"It is in place," Campbell replied.
This article originally appeared on Crestview News Bulletin: Former Laurel Hill councilman's property closer to annexation (VIDEO)