CADIZ — Harrison County Commissioners heard heated arguments Friday and will decide if Scio will be permitted to annex a portion of North Township.

In June, Scio submitted a petition to commissioners to annex 683 acres of land located in North Township that belongs to the county, as well as a smaller parcel, bringing the annexed land to about 730 acres. The village is hoping to expand its limits to include properties such as the Conotton Creek Trail and the Utica East Ohio Midstream facility owned by the Williams Partners. According to a statement made by the village, the loss of several businesses and its school has had an adverse impact on the community.

Attorneys representing North Township and Utica East argued against the annexation on several grounds, saying the proposed annexation was excessive, including two parcels in one annexation was questionable, and that the annexation was not in North Township’s best interest.

Jim Mathews, an attorney representing Scio, asked if the commissioners might leave the hearing open. At the end of the hearing, the commissioners went behind closed doors and decided to close the hearing.

“If the hearing is kept open, and if an annexation agreement is achieved, we would withdraw our opposition,” John Albers of North Township said. “We’re prepared to go forward with opposition to the annexation as currently presented.”

After the four-hour hearing, North Township Trustee Dan Henry said the main issue is whether North Township will continue to retain the benefit of taxes on Utica East.

“We just don’t want to lose any tax revenue that is due the township,” he said, adding the township receives about $35,000-$37,000 yearly. “Whatever goes out of agriculture into our zoning category as manufacturing, it’s about a 40 percent increase on property tax.”

The commissioners will make a decision on the validity of annexation within 30 days and announce it during a regular meeting.

“They have the opportunity to come to any agreement they would like,” Commissioner Paul Coffland said. “All that we are required to do is finding of fact and pass a resolution for or against in the next 30 days.”

Mathews asked the commissioners to leave the hearing open, adding North Township and the village could come to a mutual annexation agreement.

“A framework for an annexation agreement is tentatively arranged,” Mathews said.

Joe Miller, representing Utica East, argued that while the two parcels total more than 700 acres adjoined the village limits, they are not contiguous with each other. He suggested the smaller parcel was only added so that the village could obtain signatures from the husband and wife who reside there to give the village a majority, with four of the six affected landowners signing the petition in favor of annexation.

He argued that American Electric Power and Ohio Power should not have been excluded as landowners, since they have substations and installations on the property. Mathews argued that these utilities did not count under the law.

Miller noted the annexation would more than double the size of Scio. Mathews argued that while the proposed acreage seemed large, it would make up only about 5 percent of North Township.

Also, Miller argued that Scio would not be capable of maintaining the infrastructure and providing utility service to the acreage, which could be served with wells and septic.

Mathews called Scio Village Administrator Jason Tubuagh to testify that the village would maintain fire and police services. Tubuagh said the annexed area would benefit from 32 additional hours of police protection, falling under Scio’s contract with the Harrison County Sheriff’s Office. He also said the area would benefit from water and wastewater service.

Miller cast doubts on Scio’s ability to maintain service to the area, noting prior instances when Scio was reprimanded by the Ohio Environmental Protection Agency for incidents involving wastewater.

In addition, Scio has no zoning, so at any time the village could strip North Township of real estate taxes at any time.

“There is no plan existing today to change any taxation in North Township,” Tubuagh said.

“But you know it can be done at any time,” Miller said. He added Utica has concerns an annexation would curtail any planned expansions.

Henry also testified.

“Whenever this facility was considering being put in North Township, we were in competition with Hopedale and Cadiz to get this facility brought into our township. As the trustees, we worked hard to get it here,” he said, adding Utica is the largest taxpayer and employs several people. “It’s township property and we want to keep it as township property.”

During public comment, many area landowners and officials spoke against annexation.

Stephen Furbacher, operations director for Utica, said the additional income taxes will be a detriment to the employees’ pay and Utica’s ability to recruit employees. He also does not believe Scio is capable of providing roadway maintenance.

Cody Cunningham, operations manager of the facility, agreed, adding it receives 120 trucks daily and up to 80 rail cars.

“The inbound and outbound road to our facility is absolutely critical to our operations, and that makes road maintenance and snow clearing imperative,” he said.

Sheriff Joe Myers also objected to annexation, doubting the village could provide fire service without another levy.

“It’s a lose-lose situation for everybody,” he said. “The township’s going to suffer. … In the early days…the village did want anything to do with this plant, now all at once they see dollars.”

“Why does the village think they’re entitled to a company’s money,” Chris Reese, co-owner of Scio Pottery, said.

“What’s going to stop them from going basically to get some of my property?” Ed Harris, adjacent landowner, said. “This is wrong. It’s wrong all the way.”

Nicholas A. Homrighausen, executive director of community and economic development of the Harrison County Community Improvement Corporation, said the CIC takes no stance on this case but has grave reservations about using annexation as a tool, adding it could discourage new businesses.

North Township Trustee Travis Albaugh spoke in favor of annexation so long as an agreement on real estate taxes can be reached. He said he was confident in Scio’s capacities.

Scio Councilman James Clark argued Utica’s high truck volume was damaging village infrastructure.

“They pay no income tax. They pay no taxes to the Village of Scio, so they’re destroying our infrastructure without leaving us any ability to repair what they’re destroying,” he said.

Afterward, Henry said the trucks travel state highways and exit onto Leffler Road, which Utica installed.