Shouting match erupts at commissioners' meeting after failed vote to rescind Amherst Twp. annexation decision

ELYRIA — County commissioners on Friday split three ways on a vote to rescind Tuesday's decision to deny the annexation of 65-plus acres of Amherst Township land into the city of Elyria. With no majority, the motion was defeated. That vote then led to a heated argument between two commissioners and a member of the public who accused one of them of cowardice and the other of not serving the people of Lorain County. Richard Beran, president of Builders and Developers Co. Inc., on Friday asked commissioners to overturn their 2-1 vote denying his company's petition to annex the property into the city of Elyria. The property is between Bechtel Road and Fowler Road, north of Albrecht Road. The Columbia Township company's plan is to build housing there. Beran said his company's petition met "and exceeded" all seven requirements for the kind of annexation under state law. Beran told commissioners he believed they turned his request down based on concerns that weren't relevant to their duty under the law: To approve the annexation if all seven conditions are met. Commissioner Jeff Riddell then called for a vote to rescind the denial, and voted "yes" to rescind Tuesday's decision. Commissioner Marty Gallagher, who seconded the motion and had voted Tuesday to deny the annexation, then voted "present." "Coward," someone at the back of the commissioners' meeting room said. Commissioner David Moore then voted no, and the motion was defeated. Attorney Jon Clark, who represented Builders and Developers in the annexation process, said after Friday's meeting that commissioners had a deadline of Thursday to make their decision. He said his client's only alternative is a legal action called a writ of mandamus, which is a request that a court force an official to do their legal duty. Amherst Township trustees objected to the annexation in July, and again on Tuesday. Beran told commissioners that denying his company's request because it hadn't made agreements between Amherst Township and Elyria ahead of time on a tax increment financing plan, or TIF, wasn't something for them to consider. A TIF pays for for public improvements in a specific area by eliminating property taxes in that area. Property owners instead make payments in lieu of taxes based on the increase in their property values due to the development. No TIF agreement currently exists, though the possibility of one has been discussed, Elyria Mayor Kevin Brubaker said Wednesday. Beran said a TIF isn't part of the request or approval process, nor are road maintenance concerns or funding, "things that, again, we will discuss with the city and township if this goes further." The county Prosecutor's Office and Engineer's Office both signed off on the petition, and Riddell said commissioners only role is to consider whether "the boxes are checked." Riddell said he hoped the city and the township would get together and do the right thing. There's a procedure, and all that Builder & Developers wants is city services, he said. Gallagher said Friday he disagreed that all seven criteria for the annexation were met. Commissioners could be facing legal action "either way," he said. "I think it's more important that you do the right thing," Gallagher said. "The right thing is, sit down and come up with an agreement." Moore repeated a statement he made Tuesday that the annexation decision should be made by a judge. William Zimmerman of Avon Lake, a frequent critic of the commissioners, used his 2 minutes of public comment to call Gallagher a "coward" over his "present" vote. "You call me a coward again or anyone a name in here I'm gonna have you removed," Gallagher told Zimmerman, interrupting him. "My First Amendment right allows me to say it!" Zimmerman shouted back. "Just understand that ... I can say anything!" Sheriff Jack Hall, present on another matter, told commissioners he couldn't remove Zimmerman from the meeting for exercising his free speech rights. Zimmerman called Gallagher a coward again, then accused Riddell of putting his "supporters and donors" ahead of county residents. Riddell said he was "offended" to be accused of a crime. Zimmerman denied accusing Riddell of a crime. The two men shouted back and forth, with a highly agitated Zimmerman calling Riddell "ridiculous." "Let him flatline," Moore said, shutting Zimmerman down as his 2-minute speaking limit expired. Uttering a profanity, Zimmerman called commissioners "irresponsible" and "clowns" before returning to his seat. Gallagher and Zimmerman exchanged more words in the public gallery after the meeting concluded. The meeting was streamed live on the commissioners' YouTube channel. The encounter can be viewed starting at about the 1-hour, 21-minute mark into Friday's meeting. Contact Dave O'Brien at (440) 329-7129 or dobrien@chroniclet.com.