LISBON — With two yes votes and one abstention Wednesday morning, Columbiana County commissioners denied an annexation sought for a Beechwood Road property in Perry Township.

“The petition does not meet all the requirements set forth in Section 709.02 of the Revised Code on the basis that the real property in question is not sufficiently contiguous to the city of Salem,” the resolution denying the petition said.

Board President Commissioner Mike Halleck read the resolution into the record, with Commissioner Tim Weigle moving for approval of the resolution denying the petition for annexation. Halleck asked if there was a second and was met with silence, choosing to second the motion himself. Both Weigle and Halleck then voted in favor of denying the annexation, while Commissioner Roy Paparodis abstained from the vote.

Halleck commented that the city of Salem he assumed would appeal this, but the petition was denied.

Applause erupted from the crowd that filled the room, with Halleck commenting further that this should have never happened. The meeting was adjourned, but a man in the crowd asked Paparodis why he abstained, saying he was elected to do a job. Paparodis said he was in negotiations to buy a property and had a right to abstain.

When asked after the meeting about his reason for abstaining, Paparodis said he was negotiating to buy a property next to his current property on Pearce Street and the person involved was opposed to the annexation and he was still negotiating the price.

When asked what that had to do with the annexation on Beechwood, he said “I don’t want to influence the decision.”

The annexation controversy began when the city of Salem informed Beechwood Road property owners Sean and Laurie Butcher in April 2023 that they had to annex into the city of Salem from Perry Township due to a deed restriction which said if they ever became contiguous, they had to seek annexation to keep the water and sewer service provided by the city.

The city claimed their property became contiguous because of a recent approved annexation of property in the Industrial Park for Leo Hickey of LLN Holdings. The property in question is across the street to the south of the Butcher property, separated by the street.

Citing continued threats by the city to shut off their water and sewer, the Butchers finally filed the annexation petition in July for 0.7917 acres from Perry Township into the city of Salem. Laurie Butcher made it very clear in a letter to commissioners and in testimony at the public hearing last month that she did not want to annex into the city.

“Relieved, for now,” she said when asked how she felt after the commissioners’ decision.

She was present at the commissioners’ meeting, along with several neighbors. During the public hearing last month, neighbors signed a petition opposing the annexation.

She did what the city asked, she sought annexation, but since the commissioners said no, she still doesn’t know what this will mean for her water and sewer service.

According to Salem Mayor Cyndi Baronzzi Dickey, who was unable to attend the commissioners’ meeting, the city isn’t going to go out and shut off her water or sewer. Dickey said she’s going to do whatever the law says. If Butcher is obligated to annex, after there’s a definitive decision and all appeals are exhausted, she said the city will enforce the annexation requirement for water and sewer. Dickey said if she’s not obligated, “then we’re done.”

“There is an appeal process,” Dickey said, but said that’s not up to her.

She said that decision on whether to appeal the annexation denial will be between the Salem Utilities Commission and city Law Director Brooke Zellers.

When contacted by phone, Zellers said “it’s unfortunate that the commissioners have put these people in this position at risk of losing their utility services.”

According to Zellers, a public roadway has never been a barrier to annexation, but a catalyst. He said there’s big interest in this case from the Ohio Municipal League, the Ohio Department of Development and development department of the city of Columbus.

“This is a very dangerous precedent of saying a road is a barrier to annexation,” he said.

If the city decides to appeal, he said it will obviously have to happen within the next 30 days. He said he would prefer the decision be made by both city council and the Salem Utilities Commission.

After the meeting, Halleck commented further on the decision, saying “it was the right thing to do.”

As elected officials, he said they’re the last recourse that many people have.

“The way this was handled with the Butchers was despicable. No citizen should feel threatened or intimidated because of where they live,” Halleck said, accusing the city of creating a mess.

All three Perry Township trustees expressed satisfaction with the decision to deny the annexation request.

“We’re happy with the result, but the city and township need to figure out a way to work together to prevent this from happening in the future since they really are one community. Hopefully we can move forward,” Perry Township Trustee Steve Bailey said.

Perry Township Trustee Jim Armeni, who also serves as Columbiana County Recorder, said the city utilities ordinances are conflicting with the state of Ohio annexation laws which were redone in 2002.

Perry Township Trustee Tony Ieropoli also said he was happy with the decision, especially for the Butchers who he said have been harassed the past year and a half.

“We hope that city council can stand up and make the right decision on annexations in the future,” he said.

Ieropoli also further commented in a text that he would like to see council “stand up and not waste taxpayers’ money appealing the decision by commissioners. I would like to see them take action on their vacant lots such as Eljers and Salem China and large areas ready to be developed into housing instead of always looking to take the low hanging fruit from the tree.”

The resolution to deny the annexation petition noted that the property to be annexed isn’t sufficiently contiguous to the city and also said, “A street or highway will be segmented by the boundary line between the township and the city of Salem as to create a road maintenance problem, and the city has not agreed that it will assume maintenance of that street or highway as a condition of the annexation.”

During the public hearing last month, Wayne Boyer, an attorney for the Butchers, said their property and the Hickey property were separated by the road, which was Perry Township property. He said applicable law doesn’t allow for the annexation because the properties are not contiguous.

A letter to commissioners from Columbiana County Engineer Bert Dawson also said the properties are not contiguous. Dawson said a review of definitions of “contiguous” all state that it means being in actual contact. He said the area in question does not have a point of actual contact.

Anyone wanting to challenge the commissioners’ decision has 30 days to file an appeal in Columbiana County Common Pleas Court.

Dickey was asked if the city would be trying to work with the township on a solution to the annexation issue related to water and sewer, but she said the city has tried with the township.

“They’re not responsive,” she said.

mgreier@mojonews.com