Jefferson County Not Exempt From Moratorium On Annexation
House Bill 475/ Senate Bill 279 will put a moratorium on annexation in the State of Tennessee. As amended in the House, the Bill, which was designed to halt annexation without public vote in areas that are not zoned commercial or industrial, would have excluded several counties in the State. Jefferson County was included in the initial list of excluded Counties, however, the House Bill did not find favor in the State Senate. The Senate objected to the exclusion of some counties, questioning the constitutionality and the Bill could not find cohesive favor in both the House and Senate. The Bill was referred to the Conference Committee for resolution. The Conference Committee is comprised of three members of the House and three members of the Senate who come together to address the concerns of both bodies, find a resolution and send the reworked legislation to the Governor for signature. Members of the Conference Committee determined that the proposed legislation would not offer County exclusions, though it would provide relief for those counties and municipalities that had already begun the annexation process before April 15, 2013. For those that had sufficient proof of pending annexation a grandfather clause of sorts will allow for the completion of that annexation. No new annexation will be allowed until the Tennessee Advisory Commission on Intergovernmental Relations completes a comprehensive study and reports its findings. The Commission must complete the report by January 14, 2013 and it will then be reviewed by the Tennessee General Assembly.
House Bill 475/Senate Bill 279 was highly debated in both the House and Senate. The Bill had 25 amendments offered in the House and an additional 13 offered in the Senate. Freshman Representative Andrew Farmer (District 17-Jefferson County) stated that only the highly publicized Ag Gag Bill saw more debate in the Assembly. Amendment number 23 to House Bill 475 would have excluded Jefferson County from the annexation moratorium, however on April 18, 2013 the Senate non concurred with amendment 23, as well as three other amendments to the Bill. Ultimately, the Conference Committee removed all exclusions but only limited annexation on property that is residential or agricultural and provided a grandfather clause.
Jefferson City Mayor Potts and Dandridge Town Administrator Bryan McCarter are not concerned with the short term implications of the Bill on the local municipalities though both have proposed an extension of their growth boundaries. McCarter stated that any potential annexation would be for commercial or industrial property, which would be outside of the residential and agricultural moratorium. Mayor Potts concurred that Jefferson City will likely see little or no impact from the initial moratorium. Long term impact will largely depend on the results of the TACIR review and any action taken in response to the review. Both Potts and McCarter are in favor of less State influence in local annexation. Jefferson County Mayor Palmieri stated that the local government control is in the best interest of the people and that needs can be significantly varied across the State. He said that it is difficult for the State government to make decisions that are appropriate for all counties and municipalities across State and issues such as annexation should remain on the local level. House Representative Jeremy Faison (District 11-Jefferson County) stated that he supports individual property owner’s rights and annexation of residential or agricultural property should be the choice of the people. Administrator McCarter said that it is unlikely that those citizens that live outside the Town or City limits, however receive tax payer services, would vote in favor of annexation because they are already receiving services without paying the municipality’s taxes. Representative Farmer said that the issue was complex and he and Faison are working to assure that Jefferson County’s interest are protected.
29th District House Representative Mike Carter, who introduced House Bill 475, stated that he was advised by Governor Haslam’s office that a public ceremony for the signing of the Bill will take place on June 4, 2013 in Nashville. As presented for the Governor’s signature, House Bill 475/Senate Bill 270 will include Jefferson County in the moratorium regarding annexation. The local municipalities will continue in their efforts to extend their growth boundaries and will await the governmental review on future annexation inside Jefferson County.
