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NEWTON FALLS -- Village council has approved legislation to not require residents on Scott Street to annex into the village to receive sanitary sewer service for a current sewer project.
Newton Falls Law Director Gary VanBrocklin said originally, a prior ordinance required anyone who connects to the village for utilities needed to annex into the village, but the ordinance passed recently by council exempts the requirement only for the Scott Street sewer project.
Last month, Van Brocklin sent an email to the county sanitary engineer's office stating the properties must be annexed into the village to receive the sewer service. Newton Township trustees and county sanitary engineer and planning commission officials attended a July village council meeting expressing concerns about the annexation issue.
Trustee Chairman Pete Augusta said a meeting took place in April 2022 between the township and the village over the Scott Street project and it was never stated that residents of Scott Street who live in the township would have to annex into the village to receive the sewer service. He said trustees and township residents would never have agreed to the project if annexation was required.
Trumbull County Sanitary Engineer Gary Newbrough said the Scott Street sanitary sewer phase 2 project is finished except for the county needing to come in and connect the houses.
Newbrough said there is $900,000 in American Rescue Plan funding approved by the county commissioners for the project that needs to be used by the end of the year, so the project must be finished by year's end. Newbrough said the county allocated the money to get the people connected to the sewers and the $900,000 in ARP funds is in jeopardy if it doesn't get used this year.
Councilman Brian Axiotis, 2nd Ward, said village officials are cleaning up from a previous administration since the village is running a sewer line to township residents on Scott Street, which is in the city.
VanBrocklin said the sewer line is being installed with grant funding and if the project is not done, the funds would need to be returned.
"The village owns the sewer line no matter what. There was an EPA mandate to get this project done," VanBrocklin said.
Axiotis said the township was asked to take ownership of the sewer line, but declined so they have no responsibility. He questioned how this is fair to the village.
Axiotis said he has not been shown anything in writing that a previous city manager said he would waive the requirement to annex into the village when the project was previously discussed with township officials and residents.
VanBrocklin also said there was nothing he could find in writing.
Councilman Brian Kropp, 1st Ward, said if no action is taken by council on the project, the village could have to pay back more than $3 million.
"This is a time sensitive issue. The loan and grant have already been spent," Kropp said. "Sometimes things are not perfect but sometimes getting it done is better than nothing."
Councilman Kevin Rufener, 4th Ward, questioned what would happen if the project stopped and the village did nothing.
"The problem is the sewer line has already been built. We already own it. How we protect the cost from coming back to the residents can easily be addressed with the tap-in fees,'' Rufener said.
He agreed with Axiotis, noting the Scott Street sewer project was first discussed 11 years ago.
Rufener said "We either move forward or we are stuck with paying back $3 million. Again, not perfect, but a step in the right direction."
VanBrocklin said he will have legislation in the future concerning tap-in fees and rates for the residents of Scott Street.
Newbrough said previously that seven properties on Scott Street already have been connected and have not been annexed into the village.
Trumbull County Planning Commission Director Julie Green said previously 112 houses in the Scott Street area will benefit from the project.