Request for annexation and de-annexation discussed at Basin Town Council meeting

Loren Alberts again addressed the council at the Sept. 26 council meeting regarding his property west of town. A portion of the parcel is located within the town limits while the rest is in the county. The in-town portion is taxed by the town of Basin. The county portion is taxed by the county. 

Alberts has appeared before the council before asking if the annexed portion could be swapped with another portion of the parcel. Thus, de-annexing the annexed portion and annexing the non-annexed portion. At the last council meeting the discussion was tabled so that Jessie Frisbee, the town engineer, could research the property more. Prior to Alberts speaking, Frisbee said his research found the land is in one parcel, not two, despite being taxed differently. 

Mayor CJ Duncan told Alberts if he wanted to separate the two portions he would have to do a subdivision. Alberts said he doesn’t want to do this. He would like to “figure out how to move the piece that is annexed in town to another location, that I actually have access to because where it is at [now], I don’t have access. Not only do I not have access, the town doesn’t have access to it.” 

He went on to explain that if he wants the town garbage collection  service, there is no access for the town to provide it. He does have an easement to the other portion of the land. If the two pieces were swapped, he would then have access for town services. “It would actually make it a piece of property that was worth having for me versus the piece I’ve got that sits back in the middle of absolutely nowhere.” 

Alberts added that he has no idea why that portion was annexed into the town, considering there is no access point. He wondered what the town was thinking when this was done. Duncan said that the property owner would have had to request annexation. 

Town Attorney Kent Richins explained the legal process for Alberts to accomplish his goal: Alberts would have to petition the town, have a survey done and file with the clerk and the county commissioners. The commissioners then have 60 days to decide if they will accept the annexed portion into the county. Once the county accepts, the town will take action. If the town decides to approve the de-annexation, it will take three readings. 

Alberts said he is familiar with the process after doing the same thing with his property on the eastern side of the town. 

“At this point in time, I guess, with where everything sits, I would like mosquito spray and garbage pickup at that piece of property because that is in the town, and I’m paying taxes on those things that the town is supposed to provide.“ He acknowledged that he would have to pay to get water and electricity to the property but there are benefits that the town provides and he feels he should have them. He then asked how the town was going to get those services to him. 

Duncan replied, “We’re not. You’re going to build a road so we can access it.” Alberts asked how he was to build a road when there was no access. Duncan explained, “Anytime there is a piece of property that is developed, that is on the owner. No matter what it is. If you would like garbage and mosquito, we’ll gladly set you up an account to bill you for those, but you have to provide access. Not us.”

Alberts then asked why the property wasn’t platted when it was annexed in.  Duncan’s response “You’re the one that bought it, had a title search done, I would think you would have those answers not us. I don’t know. I have no idea what the title of this property is.” He continued that he doesn’t know any of the history of how it was annexed in or previous ownership. 

When Alberts wondered why the property wasn’t platted, Frisbee explained it is the developer, not the town, that does the platting. Once a property is developed with roads, sidewalks, etc., and sold, the town takes over maintenance. 

Duncan told Alberts if the legal process of annexing in the portion that has access to the town was done, the town would then provide those services he desires.

 OTHER BUSINESS

• Building permits were approved form Somerville/South Third Street, Sponseller/South Seventh Street and Boyles/West B Street.

• A public hearing was held for the sale of the Eagles Annex Building. There was no public comment. The council voted to approve the sale. 

• A public hearing was held for the sale of a bucket truck. There was no public comment. The council voted to approve the sale. 

• AVI sent the town notice that the design for the sewer project was at 90%. AVI asked the town if the permit for the
lagoon could be sent to the DEQ. Councilman Hopkin asked how long the permit was good for and had concerns that the permit would expire
before the town could find all the money needed for the project. Frisbee said it was easy to ask for an extension. He
recommended the town move forward with the permit process. 

• The council voted to designate a portion of South Seventh Street as public right of way.  The portion is 12-feet wide and adjacent to the Suiter and Rikcords homes.