The Ohio Revised Code provides the procedures to not only annex lands from a township to a municipality but to detach lands from a municipality back to a township.

This precisely happened long ago between the City of Salem and the Township of Perry, and it happened in a new development started in the 1920s called “Salem Heights” containing both the north portion along Benton Road and the south portion across US 62 and SR 173.

This is a matter of record although an old law. But it was brought to my attention by Joe Hoffman of Columbiana when he visited my Salem City Hall office and presented me with his required Ohio State dissertation paper regarding those legal actions. That dissertation remains in the office of the Housing, Planning, and Zoning Office where I was a classified city employee in the City Engineer’s Office from 1965 to 1992.

I bring up that point only to show that there’s still light at the end of the tunnel regarding this invading ordeal along Beechwood Road to Laurie Butcher, and Hampton Place deed holders in the Township of Perry. My research has located legal rebuttals in Butcher dilemma and the legal means to have the deed restrictions removed on the other properties.

I suggest that no one attend any public meetings nor disclose your strategies nor plan them publicly. This matter is a legal matter and cannot be solved publicly nor by the township trustees. Only work with your attorney. There is one I would highly recommend for this should you need one.

I was Planning Officer when this recent situation happened and it involved the Salem City Planning Commission reviewing the plats of developer Dan Adamson, DVM after he purchased the remaining lands the Wagmiller Farm from the estate of developer Bruce R. Herron, who caused to happen Countryside Estates Plat 1, and plat 2, and plat3, etc….which started on Beechwood Road (North side) and continued westward and then northward along Countryside Drive. Bruce Herron included deed restrictions but not the adverse one mentioned in this invasion by the City of Salem.

As Planning Officer, it was my duty to prepare the best possibilities of a master plan beyond the corporation line of Salem City three miles outward, and in accordance with the development standards set forth in the Planning Commission’s Code book. That approved master plan became the immediate guide for future platting because all roads etc. were worked out to link in the future.

Adamson continued platting with the end of Countryside Drive and into Colonial Drive to Goshen Road. Then he pursued the vacant land westward from Colonial Drive.

Note well that the master plan called for Colonial Drive to continue Westward until it intersected with Countryside Drive. Note well that the hilltop on Beechwood Road is situated in front of the Butcher property on the North and the Hickey property on the South. There was a road planned there connecting Beechwood Road and Colonial Drive.

During this time there were conversations elsewhere about Adamson contacting abutting property owners to annex thereby also allowing him to annex, which were reported not in favor. Elsewhere came the idea of deed restrictions …… causing Adamson to eventually address the Planning Commission and request that Colonial Drive be changed to Hampton Place; that the road connecting Hampton Place to Beechwood Road be removed; and that Hampton Place end with a cul-de-sac thus preventing access to Countryside Drive. Those roads which were approved by the master plan and previously on this Adamson plat to the Planning Commission, to ease police and fire ingress/egress quickly and owner safety were argued prior to vote by the mayor, service director, and two mayoral appointees and passed by majority vote.

Salem Mayor Baronzzi-Dickey has been misguided to say that water and sewer extensions outside the Salem City corporation line began in 1985. I arrived at City Hall in 1965 in the engineer’s office and we were involved in those extensions which were being extended before that time. Pembrooke Villas in Perry Township had extensions in the 1970s and going beyond……..Kent State University on SR45.

The mayor wants all to believe there are benefits where there is none. She is saying that increasing residential tax base out weighs industrial and commercial tax bases. That’s because she has lost and is still losing her industrial and commercial tax base. A look at the City of Salem map and its census population don’t match up. The area far surpasses the population. The residential increase tax base has been eaten by the increase in safety forces requiring more police coverage for residential.

The Salem Mayor fails to see that water and sewer extensions beyond the corporation line should have never happened because its a municipal corporation service by law…..meaning the citizenry only. But when you go outside that line to gain “customers” you cause a problem for your citizenry, because that added usage causes the EPA and others to tell you that you need to upgrade your treatment system to handle all those extra non-citizens you wanted. The problem for your citizenry? Well they have to pay their fair share of that treatment plant upgrade each and every time its required because of “new customers.” So where are the benefits of being in the city when you must keep upgrading that water and sewer plant, etc service and safety forces, to handle those additional customers?

Salem City went outside to Perry Township for customers, and then to Mahoning County and other townships to where you are supplying water to a village (Washingtonville) Where next? Perhaps you need to check your guidance on this and realize utilities is basically under the service director by law.

Additionally to the mayor……developers were required by the Salem City Planning Commission to install water and sewer at their cost so in this case, it was placed by Adamson and the prior plats by Bruce Herron. Bruce Herron took the water and sewer to Pembrooke at his cost. The city took the lines to Kent State at their city cost. The City of Salem did not invest heavily at all on residential development in Perry Township.

I have purposely evaded all the points regarding to what started this problem…purposely….and for obvious reasons.

I will take leave with the words of the late Attorney James D. Primm: “Why didn’t you pick one that you could win?”

Stephen Navoyosky,

Salem