Granville Community Calendar

Council Minutes NOVEMBER 1, 1994

NOVEMBER 1, 1994
Mayor Eisenberg convened the meeting at 8:01 p.m.
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Montgomery
Councilmember Freytag
Mayor Eisenberg
Law Director Hurst
Manager Plunkett
Councilmember Garrett moved to excuse absentee Councilmember Bennett and
Vice Mayor Marshall. Seconded by Councilmember Freytag. Motion carried.
Manager Plunkett stated that recently, 281 acres of property on River Road in
Granville Township had been the subject of a petition filed by the property owner to
annex the land to Newark City. The County Commissioners initially rejected the petition
because apparently, they believed the petition to be flawed. As a result of that, some discussion had taken place concerning the Village of Granville annexing that 281
acres. Manager Plunkett stated that if Council wished to take action and annex the
property, the emergency ordinance on the agenda needed to be adopted tonight and
the necessary paper work be taken to the County Commissioners so the petition could appear on the May 1995 ballot.
Councilmember Garrett questioned whether the petition could be filed without consent of the property owners?
Law Director Hurst stated that there are essentially three methods change of governing the which governmental agency oversees property. He stated that the first method is petition by landowners, subject to its own set of procedures.
Mr. Hurst stated that a second method, where a municipality states that they need to have the property within their jurisdiction, is available. He stated that this method more or less sidesteps the process of the County Commissioners and the issue is placed on the ballot in the township, then requiring a majority vote of the entire unincorporated area.
Mr. Hurst stated that the third method is by merger of the unincorporated areas. Mr. Hurst stated that each of those three methods has its own procedures, and each is 1
Village of Granville
Special Council Meeting Minutes
November 1, 1994
Page 2
full of pitfalls. He stated that to directly answer Councilmember Garrett's question, no,
the petition does not require the landowner's consent.
Law Director Hurst stated that basically, annexation petitions stand on equal
footing in the courts. He stated that if more than one annexation petition is filed for the
same area, the two petitions are not compared. The petitions either pass or fail on their
own merit. He stated that the rule is first in time, first in right. If someone else files an
annexation petition, that petition must wait until the first one is resolved. Mr. Hurst
stated that a petition for merger is not the same as an annexation petition. He stated
that once a merger petition is filed, then no annexation petitions can be filed until the
merger issue is resolved.
Councilmember Montgomery asked if any signatures were needed in order for
the Village to file an annexation petition?
Law Director Hurst stated that the Ordinance No. 32-94 requires five Council
members to vote in favor in order to adopt it as an emergency. He stated that the
ordinance directs the Law Director to pursue the petition on behalf of the municipality.
He stated that the only signature needed then is that of the Law Director. He stated that
the ordinance could have very well named someone else to pursue the petition. He
stated that whoever the designee on the ordinance happened to be, is the only
signature needed to file the annexation petition.
Mayor Eisenberg asked if the Village could merge with the township if an annexation petition was filed?
Law Director Hurst answered yes. He stated that in his opinion, the pursuit of the
merger petition at this point in time is critical.
Councilmember Shulman asked if the merger could be done without the annexation?
Law Director Hurst stated that yes it could, however it shouldn't be handled that way.
Councilmember Montgomery asked Manager Plunkett to specify the eight
parcels included in the Village's petition, and give the rationale for including them.
Manager Plunkett stated that the properties included were the Keny, Freeman, Butt, VanAtta, Harris, and Showman properties.
Mayor Eisenberg stated that Granville does not truly have that much desire to
annex the property into the Village. He stated that developers of proposing the 281 acres are to take that large tract to the City of Newark, develop 600 homes, and leave the area in Granville School District. He stated that the school board perceived that as a disaster-to them. He stated that the development could overwhelm the school district. Councilmember Montgomery asked if Newark's School District could petition to take the subdivision to their district?
Councilmember Garrett stated that Westwood is located in Newark City but Granville School District.
studenLatsw?Director Hurst asked if it was realistic for the school to be taking on more
Village of Granville
Special Council Meeting Minutes
November 1, 1994
Page 3
Councilmember Garrett stated that developers use Granville School District as a
selling point.
Councilmember Shulman stated that he would support the merger effort. He
stated that he is not interested in the annexation but would vote in favor if the Village
was going to proceed with the merger effort.
Law Director Hurst stated that a great deal of effort and work went into the
construction to choose the commission. He stated that there is very little if anything that
the Village Council of Granville, Ohio can do as a Council. He stated that there is
simply nothing for the Council to do. He stated that the Councilmembers could use their
influence and contacts to get signatures for the merger study petition. He stated that
there is nothing for a legislative body to do.
Mr. Hurst stated that after election day on November 8, (1994),the number of
signatures required for the petition could go up. He stated that it would depend on the
number of voters in the November 8 election.
Mayor Eisenberg stated that he wished that the Council wasn't involved with the
issue but like it or not, they are.
Councilmember Garrett stated that the Council was protecting the school system
by being involved.
Councilmember Montgomery stated that she felt that Council was also protecting
the community. She stated that one section of land going to Newark is the beginning of
more land going to Newark.
Councilmember Montgomery asked if the annexation petition is filed and
accepted tomorrow, would it be on the ballot in May of 1995?She also asked if the
merger Commission vote would appear on the ballot in November of 1995?
Law Director Hurst answered yes, however if a merger petition is filled, the vote in May for the annexation would not occur.
Councilmember Montgomery asked how the Village planned to inform the
property owners about the annexation.
Manager Plunkett stated that we would write a letter to the property explaining the situation. owners
Mayor Eisenberg stated that the reasons for the annexation and the Village's concerns should also be included in the letter to the property owners. Mayor Eisenberg asked if the Township Trustees supported the effort?
Manager Plunkett stated that he had spoken to Eric Jones last night, who stated that the Trustees would neither oppose or support the merger. Jones stated that they would support the annexation.
Councilmember Montgomery asked if there had been a positive response from the school board?
Mayor Eisenberg stated that he had spoken to Jim King on Sunday who had been in favor of both the merger and the annexation petition.
Ordinance No. 329- 4, A"n Ordinance Authorizing The Annexation Of Contiguous Territory, Directing The Director Of Law To Submit A Petition Relative Thereto And
Village of Granville
Special Council Meeting Minutes
November 1, 1994
Page 4
Declaring An Emergency," was introduced, title read, and moved for adoption by
Councilmember Shulman. Seconded by Councilmember Garrett.
Councilmember Shulman then moved for passage of Section 111, the emergency
clause and read that section in its entirely. Seconded by Councilmember Freytag. Roll
call vote: Garrett yes, Shulman yes, Montgomery yes, Freytag yes, Mayor Eisenberg
yes. Five yes vote, the emergency clause was adopted.
Roll call vote to adopt Ordinance No. 32-94: Garrett yes, Shulman yes,
Montgomery yes, Freytag yes, Mayor Eisenberg yes. Five yes vote. Ordinance No. 32-
94 was adopted.
Councilmember Garrett moved to adjourn the meeting at 9:03 p. m. Seconded by
Councilmember Shulman. Motion carried.

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