Commissioners have limited power in Braceville, Newton annexation proposal

By Ed Runyan

runyan@vindy.com

WARREN

Trumbull County Commissioner Mauro Cantalamessa addressed a handful of Braceville and Newton township residents at Friday’s meeting, telling them commissioners have limited authority regarding the annexation request filed by Newton Falls Village.

The village filed a request late last month with commissioners asking to annex 440 acres of Braceville and Newton township land along state Route 5 at the Ohio Turnpike exit into Newton Falls.

A large crowd attending Wednesday’s Braceville trustees meeting spoke against the proposed annexation. Trustees and the township legal adviser urged residents to speak to commissioners to make them aware that they oppose the annexation.

But Cantlamessa said his research on the matter indicates the commissioners have limited authority to decide whether the annexation takes place.

“It’s not a discretionary call,” Cantalamessa said.

Ohio law lists seven criteria that the annexation must meet, including that the people who signed the annexation are the actual owners of the land involved, that the annexation does not exceed 500 acres, and that the properties involved share a contiguous boundary with Newton Falls.

“If they are indeed met, then we are mandated by Ohio Revised Code, by statute, to rule and approve the annexation,” Cantalamessa said.

“If any of those seven guidelines are not met, and they can be proved not met, we are mandated by Ohio Revised Code – it’s not a discretionary thing, it’s not a judgment call – to vote against the annexation,” he said.

The county auditor’s office and engineer are currently checking the specifics of the annexation request to determine if the facts are correct.

If Braceville and Newton townships are against the annexation, “It’s incumbent on them to show that the criteria has not been met in some way,” Cantalamessa said.

The only thing the townships can do is challenge whether the annexation actually meets the criteria, Cantalamessa said. “In that case, it would come down to a legal issue,” he said.

Commissioner Frank Fuda said all commissioners are learning about this type of annexation because there has not been one like it during the 10 years he’s been a commissioner.

Braceville resident Sheila McKnight said the annexation will take away $60,000 to $70,000 of hotel/motel taxes Braceville currently receives.

“The $60,000 to $70,000 is a lot of money to a little community,” she said.