Annexation tussle arises again
TROY — The Miami County commissioners Thursday acknowledged the filing with their office of a familiar request to annex property from Bethel Twp. to Huber Heights in Montgomery County.
The request involves 296.236 acres that lie north of the Carriage Trails subdivision near U.S. Route 40 in southern Miami County. A request to annex much of the same property did not move forward last year after the petitions expired without a Huber Heights council vote.
The Miami County commissioners Thursday heard comments from Bethel Twp. trustees and expressed their continuing concern about the annexation process and what they see as the need for change by the state legislature. Before their vote, they emphasized the vote merely acknowledged the commissioners had received the annexation petitions.
“I am very opposed to this annexation. I am very appreciative of commissioners’ efforts in the past,” said Bethel Twp. Trustee Beth van Haaren.
The annexation plan was filed by Jill Stemen Tengeman, agent, on behalf of property owners GLJ Holding Co. (204.215 acres); Gary Lavy (56.153 acres); and Carol Marchelletto (35.867 acres).
Township resident Jeff Morford urged the commissioners to work to stop the annexation.
“Annexation … here we go again,” he said, adding, “I want to hear that you have a plan of action that will stop this annexation.”
County Commissioner Wade Westfall noted the commissioners recently submitted written testimony to a state legislative committee looking into annexation issues. He said hopes are that someday commissioners and other local officials will have some say in annexation, but today there is no place for them at the discussion table.
Westfall said he would like to see the commission seek legal counsel in collaboration with the Bethel Twp. trustees to see if there is anything further legally that can be done.
“There’s a lot of experts in this arena that we have not yet sought out,” he said.
County Commissioner Ted Mercer agreed with hiring legal counsel.
“We are as frustrated as you are,” he told those from the township. “Last time we kept saying, ‘no,’ until the appeals court told us to approve,” he said.
In 2022, the 2nd District Court of Appeals ordered the Miami County Commission to approve the previous 260.360-acre annexation request, saying there was no legal reason for commissioners to deny it.
But the annexation never happened, because in May 2023, Huber Heights Mayor Jeff Gore decided not to bring the matter forward for a city council vote, citing conflict among council members.
Just before that move, Huber Heights and Bethel Twp. had considered an agreement where the 260acre annexation would be approved, but in connection with a 50-year moratorium on further annexations near that area but north of U.S. 40. That agreement also stalled out and was not approved.
The Bethel Twp. trustees and the Bethel Local School District both had opposed the annexation, citing concerns such as traffic and the growing number of students filling the Bethel district’s school buildings, as more vacant land is developed into new homes. When land is annexed into Huber Heights, the city’s zoning laws allow for more houses to be built per acre than in the township.
The new filing will require the Huber Heights City Council to adopt a municipal services statement outlining what services the city would provide to the land, should the annexation petition be granted. Huber Council is scheduled to vote Monday, Jan. 22, on the statement of services that would include police, fire and EMS services along with professional engineering staff; park and recreation programming, maintenance of all public streets; and planning and development services.
Bryan Chodkowski, assistant Huber Heights city manager, emphasized during a council work session this week that approval of this legislation does not equal approval of the annexation petition.
“Acting on this matter is not a vote in favor of or in opposition to annexation, but this is a required action under the state statute,” he said. “Failure to adopt this measure could result in legal action.”