Commissioners push annexation hearing to January | News, Sports, Jobs

WARREN — Trumbull County commissioners will not hear arguments in December relating to the annexation of more than 31 acres of Vienna and Howland townships into Niles as previously scheduled.

Instead, arguments will be heard in January after a new commissioner is sworn into office.

The commissioners voted Wednesday to continue the annexation hearing scheduled for 11:30 a.m. Dec. 7 to 9 a.m. Jan. 9 as requested by attorney Alfred Schrader on behalf of Howland and Vienna.

The change of time was requested because Schrader estimates the hearing will take at least six hours. Starting early means the hearing will not run past the time the commissioners’ office typically closes at 4:30 p.m.

The change of date was requested because a new commissioner, Denny Malloy, will take office Jan. 1.

Schrader’s letter states that Ohio courts have held that if an individual is not present for testimony, that person cannot vote. Once the hearing takes place, the commissioners have 30 days to make a decision, according to Ohio Revised Code. So, if the hearing had been held Dec. 7, the commissioners would have had until Jan. 6 to make a decision — and Malloy could not take part.

Malloy said he is opposed to annexation in most cases and would prefer some mutually beneficial agreement be reached between the parties.

“I’m against annexation as a philosophy,” Malloy said. “I’m against a bigger agency eating up a smaller agency just because they can. I’m for the underdog. But, I’m not against it all the time; it’s a case-by-case issue.”

He said each side has its version of the truth, but he wants to get down to the truth in the middle. Malloy ran on a promise that he will represent the townships.

Howland and Vienna officials have said they are against annexation because it would remove tax dollars from the townships, therefore placing a burden on the remaining residents.

Two weeks ago, commissioners appointed attorney Robert Burkey as its representation. The county prosecutor’s office, which would usually represent the commissioners, had a conflict of interest in this case. Burkey attended the meeting via phone and said the meeting on Dec. 7 will still be held, just as a formality. The commissioners will begin the meeting and immediately adjourn, citing the motion passed this week.

Prior to the commissioners’ meeting, attorney Nils Peter Johnson, who represents the property owners of the land proposed to be annexed, filed a response to Schrader’s motion for continuance. He said his parties have already “expended a considerable amount of resources” to comply with the Ohio Revised Code in preparation for December. Johnson’s response said his parties object to the postponement.

Instead, Johnson suggested that the legal representation for Niles, the townships and himself come together to discuss the impacts the proposed annexation might have on their respective parties, with a goal of coming to a resolution that would avoid litigation or other delays. He said by keeping the date of Dec. 7, the parties may be more motivated to “put their best foot forward.”

Jeffrey and Mary Ann Heston own one of the seven parcels proposed to be annexed. The other six are owned by Bagnoli Irpino LLC, which is owned by Niles police Capt. James Villecco, according to the Ohio Secretary of State’s office. The parcels sit near a subdivision inside the city off Niles Vienna Road. If annexed, the Niles boundaries would extend to state Route 11. Of the 31.3 acres, 11.2 acres are in Vienna and 20.1 acres are in Howland, according to the annexation petition.

Niles Law Director Phil Zuzolo said he has no objection to the hearing being continued and does not believe under ORC that it is improper for the commissioners to have done so. He echoed Johnson’s sentiment, saying he hopes the parties can reach a resolution.

WATER PROJECTS

The commissioners also made new moves on two long-awaited projects. One will bring water to 54 existing homes and businesses on Elm Road. The other will bring sanitary sewer lines to 77 existing structures in the Heaton Chute neighborhood in Weathersfield that currently have septic tanks.

The Heaton Chute project will serve portions of state Route 169, Ashland Avenue, Beech Street, Broadway Avenue, Columbus Avenue, Emerson Avenue, Emmet Street, Grandview Avenue, Grove Street, Harrison Street and Heaton Boulevard.

The commissioners awarded the contract to Pollard Land Services of Girard, Pa. The total bid amount is $2.69 million, of which up to $571,000 will be paid for through American Rescue Plan funds, $750,000 from an Ohio Public Works Commission grant, $250,000 from an Appalachia Regional Commission grant and $520,000 from a community development block grant. The county also has secured a $1.3 million Ohio Environmental Protection Agency zero-percent loan.

Commissioner Niki Frenchko voted against the awarding of the contract, although said she supports the project. She said the bid is to be awarded to the lowest and best bid, and while this bid is the lowest, she does not know if the contractor is the best because no documentation was provided.

“I’m just so happy we’re at the point we’re at,” Weathersfield Trustee Steven Gerberry said. “We started this all the way back in 2013 with petitions. The residents have been so patient and they deserve it.”

The Elm Road project will bring water from Warren to 27 businesses and 27 homes on Elm Road from about Timberline Drive to the city of Cortland limits, at a cost of $50 per front foot, according to county Sanitary Engineer Gary Newbrough. The original estimate was $200 per front foot.

“Providing clean and potable drinking water to our citizens is something we will always try to do,” Commissioner Mauro Cantalamessa said. “But, we must make sure it is funded responsibly, which I think it is in this case after we got the price down.”

Newbrough said design and engineering work as well as interest surveys have been already completed for the project that first began in 2015. The project will have a public hearing in the coming months.

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