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Burton Township and Burton Village officials agreed last week to put aside talk of annexation and sit together in hopes reaching an agreement.
In a joint meeting that drew Geauga County Commissioner Mary Samide and Berkshire Board of Education members John Manfredi and James Koster, the two sides agreed that they would try to work out a deal before the end of the year.
A committee, composed of township Trustee Daniel Whiting and village Councilwomen Judith Beaumier and Linda Swaney, will review options for a cooperative agreement for development of land in the township, north of the village.
Village officials have discussed the issue of annexing the land for the past month. Two weeks ago, an ordinance was introduced that would have authorized Village Council to begin speaking with landowners about annexing their properties.
Frank Samuel, who served on the Berkshire Community Planning Association, moderated the meeting and explained options for annexation, as well as for a joint economic development district.
Mr. Samuel also pointed out a Ohio Supreme Court decision that village officials are relying on for pushing the annexation issue. In a case involving the City of Perrysburg, the court said the municipality had the right to withdraw its water and sewer services from an area outside its municipal borders, if the residents would not agree to annexation. He said there may be a legal question on whether the Village of Burton carries the same authority as a city.
If the village proceeds with annexation, Mr. Samuel said, trustees are likely to oppose it, and that would lead to costly legal proceedings. If the village wins, he said, its residents will be split, and the township will be unhappy. If the village loses, it will be unhappy, and the township will feel good, he said. "In either case, there are some bad feelings and affected future relationships."
With a joint economic development district, in which property and income taxes can be shared, both sides benefit, he said. While money must be spent on attorneys, he said, it is not as much as if there is opposition.
Councilwoman Sandra Humbert said the village's intentions were never to hurt the township, only to find ways to increase revenue. "We didn't do this to upset you," she said. "We only wanted to talk to get their feelings. Income is a big thing we have to worry about."
She said the interest by Village Council became more intense after officials learned that the fire department and the Berkshire schools may move outside the village.
Mr. Whiting said the old fire department building and schools that would be abandoned would provide new opportunities for a positive cash flow through redevelopment.
Councilman Gerald Rouge said he pushed the legislation for annexation, because he wanted to "get things moving." He said the village's five-year projections call for a deficit by 2012. Costs are rising, and no new money is expected from the state or the county, he said. "I felt the village had to do something to move out of its current structure."
Mr. Rouge said the village is essentially built-out with little opportunity to raise additional cash from new homes or businesses. Development is likely to occur with the open land surrounding the village, he said.
He said it's important to ensure that the village does not just hand out its services to everyone but finds ways to support those services. "If we set a precedent that we're not going to defend our utilities, we're going to be in trouble down the road."
Mr. Rouge said there are no guarantees that the old fire station and schools would be redeveloped.
Mayor Thomas Blair Sr. said that whatever is done has to be for the good of the whole community.
Township Trustee James Dvorak said he was there to promote a joint economic development district, which would create a win-win for both communities.
Councilwoman Sharon Gingerich said she believes both sides should work together.
Councilman Darren LaForce said he's open to either option but wants to make sure the village remains solvent.
At first, Mrs. Beaumier said the village is already experiencing a $228,000 deficit but later corrected that. She said annexation would bring in an added $50,000, but the properties to be annexed would only provide about $4,000 in property taxes for the township.
She said she favors annexation but would talk about a joint economic development district for the township's industrial park.
Mr. Whiting said there would be no talk of joint economic development districts if the village annexed land from the township.
He said the two sides may also wish to discuss a merger, which could be accomplished faster than a joint economic development district.
Trustee Louis Mucci said the township has a $750,000 annual budget, while the village has $2.5 million annual budget. He said the cooperation shown by both sides could be jeopardized if the village pushes for annexation to increase revenues by what amounts to 2 percent of the budget. He said the village would have to prove it has shown discipline with its spending before claiming to have troubles with finances.
Burton Fire Chief Michael Sestak said he wanted reassurances that the village would provide water and sewer services to the property planned for a new fire station. Without that reassurance, the fire department cannot buy the land or seek funding for its construction, he said. "Just give us the ability to move on with our plans."
Although the village worries about setting a precedent, Mr. Sestak said, it has already set a precedent by giving services to Kent State University's campus, residences, the Patterson building on the Geauga County Fairgrounds and the school administration building. "Why are we different?" he asked of the fire department.
Mr. Rouge said everyone can talk about moving quickly toward a joint economic development district, but previous meetings have failed to produce results. He said he would like to set a one-year deadline, and, if no agreement is reached, the village would proceed with annexation.
Mrs. Gingerich said the process should not necessarily mean that a joint economic development district is in place by the end of the year but that there should be progress satisfactory to both sides by that time.
Mr. Mucci said he's not sure what the two sides are agreeing to.
Officials should concern themselves with making sure the fire department can move ahead with its plans, he said. "Let's get the fire department what they need. What if the JEDD fails and annexation is tied up in court for three years?"
Mrs. Humbert said the village would not let the fire department have water. "Why are you being so hard-headed?" she asked Mr. Mucci.
Mr. Mucci said he would be the one who would have to answer to residents whose properties would be annexed and see their taxes triple.
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