Commissioners approve two annexation petitions after resident raises utility and acreage concerns

The Delaware County Board of Commissioners on Oct. 2 approved Resolution 25-785, granting an annexation petition for about 175.79 acres in Delaware Township, and Resolution 25-786, granting an annexation petition for roughly 109.01 acres in Berlin Township. Both petitions will be forwarded to the City of Delaware for its consideration.

Chris Straubke, a resident living directly adjacent to the property proposed for annexation, told the board he and his neighbor had previously opposed the project and remain concerned that local utilities and public‑service infrastructure lack capacity to support expanded development. "Expanding demand for such utilities without first bolstering the core infrastructure would only exacerbate these kinds of issues," Straubke said, and he also noted an apparent discrepancy between the acreage listed in the petition (175.79 acres) and the total acreage he calculated from parcel paperwork (217.74 acres).

Michael R. Shade, attorney and agent for the petitioner, told commissioners the map and legal description for the 175.79‑acre area had been completed and approved by the Delaware County engineer's map room and that additional acreage to the east already lies within the City of Delaware. "The map of the territory to be annexed, consisting of the 175.79 acres, and the legal description attached thereto are complete and were approved by the Delaware County engineers map room," Shade said.

Eric Hostetler, deputy administrator and general counsel, told the board its authority under the relevant annexation statute is limited: "In this case, you don't really have any discretion. … Your board is just merely taking a ministerial act today to approve the petition under the statute and pass it on to the next phase." Commissioners voted to approve both resolutions by voice vote with the three members present voting "Aye."

What was decided: by approving these resolutions the board fulfilled its ministerial role under state annexation procedures and forwarded the petitions to the City of Delaware, which retains discretion to accept or reject annexation and to review any development plans.

Outstanding items and community input: the resident raised concerns about utility capacity and a possible discrepancy in acreage. The petition agent said the county engineer had approved the legal description; the transcript does not record additional technical documentation resolving the acreage discrepancy. The board did not register objections that would trigger a statutory review and therefore approved the petitions.

Actions taken: Resolutions 25-785 and 25-786 approved; the matters move to the City of Delaware for further action.