Commissioners delay Niles annexation talks again
Momentum building toward conclusion; county officials reject opportunity for third continuance
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WARREN -- A hearing before the 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 attorneys for the involved parties said they needed more time to work on a potential deal.
The annexation hearing, which began July 17, was continued to Monday as the parties' attorneys requested additional time to work on an agreement on which the commissioners would not have needed to vote.
Nils Peter Johnson, the landowners' attorney, began the meeting by assuring all in attendance that progress had been made since the July meeting. Despite any advancements in negotiations, Johnson told the commissioners more time was needed for the parties to reach an agreement.
"Simply put, the attorneys for the parties here … have met weekly for the last month and weekly for the last several months to advance those discussions about addressing future annexation petitions," Johnson said. "We need a little bit more time."
Despite the lack of an agreement, Johnson said the discussions have been productive, and the parties have produced a draft agreement that would speak to future annexations, potentially involving the local townships and the city.
"This is a new development," Johnson said. "Last time that we were here, we did not have a paper draft. This is something new; this is momentum that I think we can all build on."
Johnson said the attorneys were discussing the draft over the phone as recently as Sunday evening, but the paper draft was not finalized. Johnson said the parties were planning to meet at a different location Monday after the meeting to discuss the agreement.
Niles Law Director Phil Zuzolo said the parties were as close as they have ever been in terms of reaching an agreement.
Commissioner Niki Frenchko objected to the attorneys' request. She said they did not need the additional weeks.
"There was plenty of time," Frenchko said. "This has been going on for over a year. … If there's something going on with this agreement that it's taking this long, I'm not sure that it's being done in good faith."
Frenchko made several motions to reject the continuance. All of Frenchko's motions died because of a lack of a second.
PUBLIC HEARING
Unlike at the initial meeting in July, individuals in the audience were granted the opportunity Monday to address the board and the attorneys.
Howland resident Bruce Gump said the annexation issue was about more than just his home township. In Gump's view, the annexation effort, and potential future situations, could be detrimental to the entire county.
"If you approve this, you are no friend of the townships, and you're really no friend of the county," Gump said. "It puts everybody in danger. They all become vulnerable to the same kind of effort by other municipalities."
Another Howland resident, Tim Halchuck, said he owns a business in Liberty, but he built his home in Howland in 2019. He said he is concerned about how a potential annexation could impact his property value.
"I've been fortunate enough that I was able to decide where I wanted to build a house," Halchuck said. "In 2017, a piece of property came up on Stillwagon Road, which I purchased. I built my house in 2019.
"Right afterward is when they started this ordinance that (they) wanted to annex people in. I have no desire nor want to pay the Niles city income tax. I purposely chose to live in Howland Township. I like where I live."
Several residents who live in Howland expressed concern that if their property were eventually annexed into Niles, they would receive lower quality services from the city than what they receive through the township.
While Howland and Vienna township residents were concerned about the financial implications of being potentially annexed into the city, Geo Kuriatnyk, a Niles resident and nonparty candidate for mayor, argued they did not need to fear.
"It's not a cash grab," Kuriatnyk said. "A cash grab is when we need the money. We've got $20 million sitting in the bank.
"We don't need your money. … I feel for you people. I really do. But don't come up here and say, 'the corrupt town of Niles,' I'm not corrupt."
Kuriatnyk agreed with Frenchko that regardless of the result, he believes the attorneys should have been able to finish the hearing Monday.
Niles Third Ward Councilwoman Linda Marchese said Niles has not been actively pursuing properties to annex. Marchese said the properties that are under consideration came to Niles and requested to be annexed into the city.
"We have not gone out and beat up anybody, ran anything crookedly, begging people to come into our town or anything like that," she said. "They have come to council and they have requested, which is very different, they have requested to come into our city.
"We have not under any circumstances, not (Niles Mayor Steve Mientkiewicz), no one on council has gone out and said, 'Hey, you come into our town, or we're going to threaten you with this,' that has never happened."
Zuzolo reiterated the properties that have petitioned to be annexed into the city are those that are receiving city utilities. Zuzolo said there is no intent for the city to force its utilities onto anyone.
Zuzolo said properties that receive city utilities can be required to be annexed into Niles. But, he added the part of the agreement being discussed may deal with that issue and those who currently receive Niles utilities outside of the city may not have to deal with annexation disputes in the future. Zuzolo said there are other details, some of which were raised by Howland residents, that have been discussed in the potential agreement, but the parties need time to solidify the plan.
COMMISSIONERS' VIEW
Commissioner Mauro Cantalamessa suggested a way to provide the attorneys more time to work on a deal while expediting the process.
The commissioners could have heard testimony from all parties involved and then taken the issue under advisement. If that had been the case, the commissioners would have had 30 days to reach a decision.
Cantalamessa said in that case, the attorneys would have 30 days to work on their agreement before the ultimate decision. Cantalamessa said it would "put the attorney's feet to the fire."
The commissioners' attorney, Robert Burkey, advised against Cantalamessa's plan.
"My advice to the commissioners is that we don't want to come back unless there is an agreement made," Burkey said.
For the agreement to be made, it would have to be approved at public meetings in Vienna, Howland and Niles.
Ultimately, the attorneys said they needed another continuance to have enough time to work on the potential agreement.
"At the end of the day, however this is going to be decided, if it is going to be decided by the board, which I'm not opposed to, either side is going to appeal this," Cantalamessa said. "It's going to be a lengthy appeal process. It's going to be very expensive, and it might not go the way anybody wants it. So, it's beneficial for these communities to work it out before that process."
All three commissioners agreed a third continuance would not be granted.
"I will go on record. This is the last continuance. I don't want to see these attorneys coming back here saying they need more time," Cantalamessa said.
Frenchko said she was not surprised an agreement had not been made and, based on the last month, residents should not expect the attorneys will reach one in the next 30 days.
"Last meeting, I made it contingent on it being the final (continuance), and the board of commissioners voted no," Frenchko said.
Commissioner Denny Malloy said that if there is no agreement among the parties, the decision would then move into the hands of the commissioners.
"They were given specific instructions today," Malloy said. "We want something in writing or else we will have to move forward and make a decision."
The hearing is set to reconvene at 10:30 a.m. Oct. 5.