Committee to study JEDD, annexation options

Thursday, May 08, 2008

By Ann Wishart and Josh Echt

Burton Township trustees and Burton Village council agreed last Tuesday to find out if they can agree.

The meeting of the two bodies at the Burton Fire Station was set to discuss whether the village would either annex part of the township that's already supplied with village sewer and water services or form a Joint Economic Development District (JEDD), which would include the 15 properties north of the village and benefiting both village and township.

After more than an hour, the group, mediated by Frank Samuel, concurred there could be middle ground.

Burton Village Mayor Tom Blair suggested a smaller committee be established to form guidelines for creating a JEDD. The committee, made up of Burton Township Trustee Dan Whiting and Burton Village Councilwomen Judy Beaumier and Linda Swaney, will make no decisions. They simply will hammer out a process that will take the next step toward forming a JEDD and report back to the full group.

From that point, council and trustees have until 2009 to make progress satisfactory to both sides. Swaney said there needs to be milestones set so the group can track its progress. Samuel said the committee should move fast so the process can begin.

Beaumier recommended the village's Board of Public Affairs (BPA) provide a letter of intent that water and sewer will be connected to the property across from the Kent State University Geauga Campus, which is where the Burton Fire Department wants to build a new station.

Fire Chief Mike Sestak said the lack of a quick solution will put his project into financial jeopardy: Construction costs are rising and the window to request state capital budget funds is closing, he said.

"You might as well stick a fork in us," Sestak said. "We're done, (especially) if we have to wait until the end of the year."

State Sen. Tim Grendell (R-Chester Township) said he cannot request funding for the fire station because it does not have full access to utilities like water and sewer. The capital budget vote could be called in the next three to four weeks.

The BPA's May 13 meeting will have on its agenda a fire department request for water and sewer services. BPA Chairman Ken Kleve said the board will discuss the issue, although it is not inclined to extend the service to non-village properties, such as the proposed fire department.

North Coast Consulting's Rob Roy, who is the department's planning consultant, said the lack of communication with BPA members on this issue was evident when he obtained copies of the BPA's April and January meetings.

"There was an issue about parking, but nothing related to water or sewer," Roy said. "There was no mention of the fire department's issue."

Roy said last Tuesday the fire department submitted a request for water and sewer service in February. But Kleve said the BPA did not receive it.

If the project is delayed until the next building season, then construction costs could jump an additional 14 percent, Roy said.

The issue also arose at the April 14 Burton Village council meeting, when Councilman Gerald Rouge introduced a resolution proposing annexation discussions with the 15 property owners north of the village. Resolution 2008-009 also had emergency provisions that gave the village authority regarding annexation matters. It was tabled and village officials set up last Tuesday's meeting to allow further discussion on the matter.

The 90-minute discussion last week included upset village officials and residents who were not happy with Rouge's resolution. Rouge and Beaumier held two discussions at two different locations about annexation before the resolution appeared on the April 14 meeting agenda.

Rouge said his resolution was not an actual proposal for annexation measures to be undertaken. He said the resolution was to enter into talks with potentially affected residents and the issue had been brought up before in council meetings. He said the previous administration and Village Solicitor Todd Hicks had discussed the issue over the past several years.

Several council members, such as Swaney and Councilwoman Sharon Gingerich, said Rouge had not discussed the issue with other members in a proper format. Swaney noted the differences between talking about it casually and actually discussing it as an agenda item.

"People may have used the word 'annexation' in conversations here and talked about it, but it's not the same," Swaney said. "I've not heard of discussions of it before as an agenda item."

The issue started back in February, when Sestak turned in a letter to the BPA regarding the issue. He hadn't heard back from the three-member board by mid-April. The BPA controls all water- and sewer-related issues in the village.

"This (lack of communication with the BPA) is jeopardizing our facility to receive funding for the new station," Sestak said. "At this time, everything is contingent on us being able to tie into water and sewer facilities. We're not buying that property if we can't tie in."

Former mayor Nick Fischbach, speaking as a resident April 14, said Rouge's discussion with Beaumier about the issue before informing council was a serious matter.

"You can't just get together and discuss issues like that," Fischbach said. "Several of you got together and had meetings. I'm a little concerned about Sunshine Law violations.

"It's a serious topic you're discussing when talking about annexing people's property," he added. "You're taking people's property away from them."

Beaumier said last Tuesday the accusation of a Sunshine Law violation was incorrect. The discussions never included a majority of council members and no business was transacted, so no laws were broken, she said.

Blair said Rouge's concern stemmed from the fire department's need to have water and sewer lines for its proposed new fire station on the west side of Claridon-Troy Road.

"That is definitely part of this discussion," Blair said.

Whiting said the village talked about annexation in early February. He said he talked to Rouge and Blair about the issue, and said he was surprised to see it on the April 14 agenda. Blair told Whiting he'd be in favor of either a merger agreement or a JEDD at the April 14 meeting. Whiting also said this issue should not curtail the working relationship between village and township.

"Just recently, the village road department used one of the township's pothole fillers," Whiting said. "I hate to see a good relationship go down the drain."

Council members then read the resolution's language. The provisions include the village's ability to cease services to residents in the event annexation does not occur. The village also has provisions regarding annexation in the event of an emergency.

"I'm concerned about the language, because the word 'negotiate' is in it," Roy said April 14. "It sounds like a veiled threat about a potential loss of services."

Rouge said the village's ability to sell water outside the village is one of the strongest rights of the village. He cited the City of Cleveland selling water to outside customers.

"Expenses in the village are going up, and that means less income tax revenue," Beaumier said, adding to Rouge's argument.

Samuel, a township resident who owns one of the 15 properties affected by potential annexation, said he had a neutral stance on the issue at the April 14 meeting. He said he'd do more research on it at the time.

"What are the expenses needed by the village and what kind of revenues are needed to cover expenditures?" he asked. "What are our options?"

He said he took a pragmatic, business-like approach to the issue. Samuel asked questions about the benefits and downfalls of annexation. He also said if the issue is passed and residents oppose it, then it could head to court. The township would have an advantage because its legal representation is freely provided by the Geauga County Prosecutor's Office, while the village would have to use outside legal help at cost.