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WARREN -- Trumbull County commissioners are expected to vote today to accept the withdrawal of a petition requesting that over 31 acres of Howland and Vienna townships be annexed into the city of Niles.
The request was filed with the board on Monday by Nils Peter Johnson, the attorney for the landowners, but the commissioners' clerk said he plans to refile again. Johnson did not respond to the Tribune Chronicle's request for comment.
A hearing on the annexation originally was scheduled for Dec. 7, but was postponed to allow newly elected Commissioner Denny Malloy to participate in the hearing and decision making.
The hearing was then set for Jan. 9. That hearing was postponed due to a scheduling conflict with one of the landowners and rescheduled for Feb. 27.
A week before the February hearing was to take place, Johnson filed a request with the commissioners that the petition be withdrawn.
At the time, a release by all of the attorneys involved stated that all of the attorneys agreed to the dismissal after an "irregularity" was discovered that could have led to other litigation.
To avoid that, a new petition covering the same land was accepted by the commissioners on March 1 and a hearing was set for May 22.
The commissioners will not set a new hearing date until the next petition is filed. Ohio Revised Code requires that the hearing be set between 60 and 90 days from the time an annexation petition is filed.
During that hearing, the commissioners will have to decide whether the benefits to the properties being annexed outweigh the detriment to the properties that remain in the townships within half a mile of the annexed property. A decision must be released within 30 days of the hearing.
Seven parcels are proposed to be annexed, including one belonging to Jeffrey and Mary Ann Heston and six owned by Bagnoli Irpino LLC, which is owned by Niles police Capt. James Villecco, according to Ohio Secretary of State documents. Of the 31.3 acres in question, 11.2 are in Vienna Township and 20.1 in Howland Township.
If annexed into the city, Niles city limits would reach to state Route 11. Eighteen parcels are adjacent to their properties.
In 2019, Niles City Council passed an ordinance requiring properties that are contiguous to the city limits and receive Niles utilities to be annexed into the city.
Part of that ordinance gave city officials discretion to allow for those who already were receiving utilities not to be annexed. Mayor Steve Mientkiewicz previously said new extensions would be annexed. He said the property owners in question knew this and decided to join the city of their own accord, not because of pressure from the city.
At least 20 days before the hearing, Niles council will need to pass legislation outlining which utilities it plans to provide to the properties, if they were to become part of the city. City council previously did this, but if a new petition is filed, it will have to do so again.
911 DIRECTOR
During the commissioners' Tuesday workshop meeting, Human Resources Director Alexandra DeVengencie-Bush let commissioners Mauro Cantalamessa and Malloy know that she plans to have the top six candidates for the county 911 director ranked and scored for the commissioners by Friday.
Bush said she interviewed three applicants on Monday and said the panel in charge of the hiring process plans to interview the top six candidates on Thursday.
The panel consists of Bush, interim 911 Director Patty Goldner, Trumbull County Sheriff Paul Monroe, Trumbull County Emergency Management Agency Executive Director John Hickey and Howland fire Chief James Pantalone.
Malloy said Bush noted each of the candidates in the top five who dropped out, but Malloy said he thinks those who replaced them for consideration still are qualified.
One of the candidates sent a message to Malloy to let him know that they no longer wanted to be considered for the position.
"I don't feel the compensation package offsets the obstacles I would encounter with your colleague," the message states. "If there is anything I can do to help with the process or of you'd like me to assist in any way, I'm happy to serve you."
According to a job posting website on which the county advertised the job, the county listed the salary range as $67,044 to $99,479 per year. The job description states that the minimum qualifications include a bachelor's degree from an accredited four-year college or university and at least two years related experience within public safety
It also states that familiarity with public safety agency policies and proceedures as well as on budget matters is necessary.
Bush also said during the meeting that another candidate, who is a Trumbull County resident, withdrew their name from consideration. She said that former candidate just cited the general condition of county government.
The next 911 director will take over from Goldner. She was elevated to be the department's interim director in January 2021. She has had to do her job as 911's assistant director and the director's job.
The previous director, Ernie Cook, was fired.
At the commissioners meeting today, they are expected to accept the resignations of two part-time Trumbull County 911 employees. Bush said the department is having a problem with retaining employees, and she thinks part of the reason is because of the lack of a permanent director. She said she wants the position to be filled as soon as possible.