SALEM City officials say no vote had been taken privately

By D.A. WILKINSON
VINDICATOR SALEM BUREAU
SALEM -- City officials said they did not break Ohio's open meeting laws in connection with a court appeal.
"There was no vote taken. No vote was taken in executive session," said city Auditor James Armeni, who said he was present at that meeting session.
Justin Palmer, a candidate for council at-large this year, told council Tuesday that state law prohibits voting in executive session.
Palmer said he had just received the 2005 guide to open meetings from the Ohio Attorney General's Office. Palmer told council he had ordered a copy for every member of council, but the attorney general's office sent him only one copy.
The candidate had raised the same issue at the Sept. 20 council session. City officials didn't respond then.
Palmer and city firefighters have been fighting a plan by council and the Perry Township trustees to eliminate their departments and form a joint fire district. A judge has temporarily blocked enactment of the plan.
A lawyer for the city, James D. Kurek of Akron, filed an appeal of that decision without any public vote by council.
Palmer said the attorney general's guide stated that the only vote allowed in an executive session is the one to end the session. Council can hold meetings to discuss pending or imminent litigation.
Council President David A. Ventresco told Palmer, "We told our counsel to do what is best."
Ventresco added, "There was no vote."
City Law Director Brooke Zellers, who was not at the closed-door session, said, "There may be an issue, and there might not."
Armeni said city officials are aware of the law and what they can and cannot do.
Tax program
In other action, Zellers asked city officials to meet with representatives of the South Range School District to try to discuss an agreement over a tax program.
The city agreed to enter into a Tax Increment Financing plan when Home Depot built a store on the east side of the city.
Under the agreement, the city gets 75 percent of the property taxes of the developed property for 10 years. Those taxes, Armeni said, must be used for improvements at or directly around the property. The improvements can include road construction, or water and sewer line expansion.
The remainder of the property taxes are divided between the subdivisions where the property is located.
Zellers said that with more growth expected in that area, an agreement could prevent a legal battle with South Range.