LIBERTY County: Waterline extensions aren't OK

The county prosecutor cites two agreements that prohibit the township from extending waterlines.
By TIM YOVICH
VINDICATOR TRUMBULL STAFF
LIBERTY -- State law prohibits Liberty Township from extending waterlines, according to the Trumbull County Prosecutor's Office.
Township trustees heard a proposal this week from Consumers Ohio Water Co. to extend lines along Churchill and Tibbetts-Wick roads.
On Monday, trustees will consider a resolution giving the water company the authority to survey customers to determine if there are enough potential customers to make it economically feasible.
Attorney's contention
But, says Atty. James M. Brutz, an assistant county prosecutor: "The Ohio Revised Code does not provide a township with the power to extend waterlines without the approval of the county."
Brutz, who represents the county sanitary engineer's office, informed the township by letter Wednesday that only the county has the legal authority to provide water to the township.
In addition, Brutz pointed out, the township signed an agreement with county commissioners a year ago, giving Girard the right to provide water service and maintain the lines in the areas.
There is also a 20-year service area agreement between the county and Girard approved in 2000 that, in effect, prohibits Liberty from contracting with COWC to provide the service, Brutz asserted.
Girard Mayor James J. Melfi said he won't agree to anything that will diminish his city's ability to sell water.
Of Girard's 6,300 water customers, 2,300 are outside the city, Melfi said, noting the out-of-city customers pay a 40-percent surcharge.
Paying for lakes
He pointed out the city needs at least $265,000 annually in water sales to pay for the purchase of Girard Lakes, the source.
"It's an assault on our water district," Melfi said of the potential agreement between COWC and Liberty.
However, Melfi said he wants to explore any opportunity to increase revenue through water sales.
Township administrator Patrick J. Ungaro said COWC is willing to buy bulk water from Girard or Youngstown and sell it in Liberty.
"We're going full steam ahead," Ungaro said, noting the agreements would be issues in any deal with the private water company.
"I don't care where the water comes from. Hopefully, we can get past this barrier," Ungaro said, adding he will be discussing the issue with Melfi to determine if Girard can become the water source for the area.
"It's about growth and what is in the best interest of the community. We can't do business the same way because it's not working," Ungaro asserted, noting similar proposals work in Mahoning County.
Thomas Holloway, county sanitary engineer, said COWC can construct the waterlines and turn them over to the county, which, in turn, would give them to Girard to maintain.
Holloway said COWC has never shown the county construction costs of the project nor how much it will charge for water.
Walter J. Pishkur, COWC president, has told trustees Liberty residents would pay 71/2 percent less that what the county charges them for water.
yovich@vindy.com