Tentative deal reached on annexation

Howland, Niles and Vienna officials come to agreement

Officials from Howland, Niles and Vienna said they have reached a tentative agreement on the proposed annexation of a 31-acre property at the intersection of Stillwagon and Niles Vienna roads.

In a news release Friday from Niles Mayor Steve Mientkiewicz, Vienna Township Trustee Phil Pegg and Howland Township Trustee Matthew Vansuch, the three said a tentative agreement has been reached that would resolve the pending annexation of 31 acres at the intersection that straddles Howland and Vienna townships, while addressing the long-term relationship among the parties.

Officials said the townships will not object to the pending annexation of the 31 acres to Niles, and the city agrees that existing customers of its utility services will not be required to annex into the city or enter into a development-incentive agreement in order to continue receiving the utility service(s) from the city.

Officials said Niles will service existing utility customers in the townships who want to receive a new utility service from the city and review the process for addressing future requests for annexation into the city.

Mientkiewicz said the agreement is for 20 years, with automatic renewals at five-year intervals, unless the city and the townships all agree to end the agreement.

"The position of the city since the inception of the ordinance has been to allow for community growth and stabilization, while following state annexation laws," Mientkiewicz said. "The ordinance allows my administration to determine what is in the best interest of the city of Niles, and forced residential annexation is not that, hence the reason why not a single residential township utility customer has been forced to annex."

He said Niles has always taken the high road as all sides worked through this complicated matter.

"This collaboration allows for individual communities and property owners to prosper. I will continue to work with our surrounding elected officials, leaders and developers to benefit Niles and Trumbull County as a whole,"Mientkiewicz said.

"Vienna Township feels we have obtained the best that we could in this matter, given the facts on the ground and the law that governs townships and cities. We look forward to moving forward," Pegg said.

Vansuch said he appreciates the time and consideration that Mientkiewicz and the city gave to the residents who have been concerned about their future in Howland Township since Niles adopted the ordinance.

"This proposed agreement will give those residents peace of mind, knowing they will not be forced to agree to annex into the city and pay a development fee to continue to receive the utilities they have been receiving from the city for decades. I am looking forward to working with -- and not against -- the city on future projects that move us all forward," Vansuch said.

Officials said the legislative bodies from the three communities will consider the terms sheet and the full annexation agreement incorporating those terms at upcoming meetings.

Niles will have a special meetng at 5 p.m. Monday. Howland trustees have a special meeting at 6 p.m. Wednesday and Vienna trustees will meet at 7 p.m. Oct. 2. Officials said the terms sheet is available for public review on the Niles city website at cityofniles.com and the Howland website at HowlandTownship.org.

Of the seven parcels of property discussed, one parcel belongs to Jeffrey and Mary Ann Heston, and six are 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 and 20.1 are in Howland.

The seven parcels in question sit near a Niles subdivision off Niles Vienna Road. If annexed into the city, Niles city limits would reach to state Route 11.

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.

Niles council voted 6-1 at its meeting June 7 to approve a resolution related to the filing of the annexation request.

A hearing for the annexation request was scheduled to occur before Trumbull County commissioners July 17.

The initial meeting ending almost immediately, as 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.

Schrader said progress had been made over the weekend before the hearing, and with additional time, a settlement could have been reached without action by the commissioners.

The Aug. 28 meeting resulted in another continuance, as attorneys for the involved parties said they needed more time to work on a potential deal.

Niles Law Director Phil Zuzolo said at the Aug. 28 meeting the parties were as close as they had ever been in terms of reaching an agreement.