Officials seek to avoid lawsuit

Council is looking to submit a plan of action to the ODNR.
By JOHN W. GOODWIN JR.
VINDICATOR TRUMBULL STAFF
GIRARD -- The Ohio Department of Natural Resources is considering taking the city to court over concerns with the lower Girard Lake Dam, but city officials are hoping for one last chance to devise a plan to remedy those concerns.
Council members spent an hour behind closed doors with ODNR representatives before Monday night's council meeting discussing safety concerns at the dam. A letter sent to city officials in October from the state attorney general's office said the ODNR would file action in court by the end of 2005.
Jerry Lambert, safety-service director, said the ODNR wanted to give the newly formed council a chance to devise a plan of action that could possibly avoid any potential litigation.
"This new council has to get together and tell the ODNR what its intentions are," he said.
Council will meet Feb. 1 to discuss the issue.
According to the letter sent in October, the ODNR Division of Water and the city had agreed that a schedule for repairs to the dam or a schedule for the breach of the dam would be submitted to ODNR by June 30, 2005.
The city did not meet the deadline, the letter said, leading to the potential court filing.
Possible funds
The city may have some hope in remedying the problems at the dam. A letter sent to Girard residents from the office of U.S. Senator Mike DeWine says more funds may be made available through a proposed amendment to the Water Resources Development Act of 1996.
No date has been set for a Senate vote on the amendment.
In other business, legislation to rescind the ordinance permitting cameras that ticket speeders to operate here was taken to a second reading. Councilman Dan Moadus tried to have the legislation passed as an emergency, but failed due to a lack of necessary votes.
Council did have a first reading for legislation that would require proceeds from the camera to be deposited into a separate account. A judge last week ruled that the city could not spend any future proceeds from the camera and must keep those funds in a separate escrow account.
Several residents spoke in favor of and in opposition to the use of the camera.
City resident Don Rex submitted a letter to council in favor of keeping the camera in operation. He said it has accomplished the initial goal of slowing traffic in the city and therefore making the streets safer.
Sam Pagano, city resident and business owner, said the cameras have made it hard to do business here. He said several people have made it clear that coming to the city is not worth potentially facing the camera.
Council also passed a resolution authorizing the mayor to file an application with the Ohio Department of Natural Resources for a Nature Works Grant for work to be done at Liberty Memorial Park. Citizens were asked to help decide what projects are most needed there.
Lambert said the grant would be for $38,000.
Any work done would be a 75 percent/25 percent split with the city. The school district, Lambert said, has offered to pay for half of the city's 25 percent portion.
jgoodwin@vindy.com