County hearing delayed as Niles, Howland and Vienna leaders consider annexation agreement

County hearing delayed as Niles, Howland and Vienna leaders consider agreement

WARREN -- A hearing before Trumbull County commissioners regarding the potential annexation of more than 31 acres of Howland and Vienna townships by the city of Niles was delayed again.

As soon as the hearing began Monday, Alfred E. Schrader, the attorney from Roderick Linton Belfance, LLP, representing the townships, made a motion to file for a continuance for the hearing to be held at a later date, in August.

"There had been discussion during the weekend that may resolve this matter," Schrader said. "But we're not quite there yet."

Schrader asked that the hearing be moved to Aug. 28. He said with progress having been made over the weekend, additional time may allow for the parties to settle the matter without involving the commissioners.

"The purpose (of the motion) is to allow additional time for negotiations to try to end the annexation dispute, or even future disputes between some of these parties. I believe that substantial progress has been made on trying to resolve it, but there's a little more to do, and we need more time," he said.

Schrader said the additional month would be needed to allow the negotiations to take place, a decision to be made and, if an agreement is reached, Vienna, Howland, and Niles would need to present the agreement to their local governments at council or trustee meetings for a vote.

LANDOWNERS' LAWYER

Nils Peter Johnson, the attorney for the landowners, said he agreed with the move by Schrader.

"If there is an opportunity to resolve and address some of those (issues) with a little expression of goodwill from all the parties here, we as the petitioners are in concurrence with the motion to continue and find an opportunity to have this conversation again 30 days or so from now on Aug. 28," Johnson said.

Phil Zuzolo, the law director for the city of Niles, did not object to the motion for continuance.

Commissioner Mauro Cantalamessa made a motion to approve the continuance.

"I think it's in the best interest of this board," he said. "When we talk about Trumbull County and all the citizens that are going to be impacted here, this was always our intention to begin with -- to try to work this out without it coming to us."

Commissioner Niki Frenchko suggested the motion be amended to make the Aug. 28 hearing the final hearing regarding the matter. The annexation hearing has been delayed on several occasions.

MANY DELAYS

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.

After a new petition was filed, a hearing had been set for May 22, but that hearing was canceled again after the petition was withdrawn April 26.

With the annexation hearing finally finding its start Monday, Frenchko said the public is beginning to get annoyed with the constant delays.

"We've had so many people reaching out who were frustrated about this," Frenchko said. "I'm getting numerous people who are concerned about what's going to happen to their property in Howland. This has been going on since October. We cannot let the people who live in our communities wait and wonder."

Frenchko's suggested amendment did not succeed as it did not receive a motion from another commissioner.

NO PUBLIC

COMMENT

Individuals who attended the meeting were not given an opportunity to address the lawyers and commissioners. Frenchko said they should have been given that right.

"I'm disappointed that the people didn't even get an opportunity to speak today," Frenchko said. "The room was packed with people who wanted to comment on this."

Cantalamessa said the public will have the chance to speak at the continuance of the hearing. He also said the commissioners hope it does not have to come to that.

"This is not to say that they won't have that opportunity," Cantalamessa said. "Hopefully, they won't have to. Hopefully, we come to a mutual agreement here. I realize that this is a controversial and very passionate topic for a lot of individuals. It's going to impact a lot of different communities and a lot of different families. At the next continuance in August, they're going to have that opportunity."

Frenchko also was upset the motion of a continuance was not brought to the commissioners until Monday morning. Malloy said the commissioners attorney, Robert Burkey, had called him Sunday night to let him know there was progress being made toward an agreement.

"I got a phone call last night from the attorney," Malloy said. "To advise me that at first, they had an agreement. Then he called back and said they had an agreement, but they had to go in front of their council and trustees, and they had to sell it to (Steve Mientkiewicz) the mayor of Niles, they can't just make the choice."

Malloy said if all goes well in negotiations between the parties, he believes the petition will be withdrawn at the next hearing.

"If they come to an agreement and it's signed off by everybody, then they will withdraw their petition," Malloy said. "And do things the way they need to do them without an annexation hearing involving the commissioners. So our next hearing I believe, if all goes well, they will withdraw the petition."