Letter: Safety issue to be filed in court

Mayor Melfi said the city cannot afford to repair or replace the dam.
By JOHN W. GOODWIN JR.
VINDICATOR STAFF WRITER
GIRARD -- The city has been unable to remedy safety issues at the Lower Girard Lake Dam as detailed by the Ohio Department of Natural Resources; now the issue is headed to court.
In a letter sent to the mayor, president of council and law director this month from the state attorney general's office, city officials were told that the ODNR would file action in court by the end of the year. The court action, the letter said, would be taken even if the city signs a consent order resolving the matter.
According to the letter, the ODNR Division of Water and the city had agreed that a schedule for repairs to be made to the dam or a schedule for the breach of the dam would be submitted to ODNR by June 30. The city did not meet the deadline, the letter said, leading to the potential court filing.
The attorney general's office has given the city until Oct. 24 to touch base with its office if the city would like to sign a consent order detailing a plan of action for the dam. The consent order, the letter said, would be submitted to the court simultaneously with the complaint.
"Because the matter involves the health and safety of the residents living downstream of the lower Girard Lake Dam, and because a considerable amount of time has already passed attempting resolution of this matter, ODNR believes that it is essential that this case be filed in court with or without an agreed upon consent order," the letter said.
Mayor's concerns
Mayor James Melfi said the city has met some of the ODNR demands on the lakes such as keeping the valves to the Lower Girard Lake Dam completely open and maintaining the lake at the Upper Girard Lake Dam at least 10 feet below normal pool. He said the city is working on other demands such as making sure all gates and valves are operational.
Melfi said repairing or replacing the dam, however, is something the city is not able to do financially.
"I am not against replacing the dam; the fact is the money just isn't there to do that," he said. "I am sorry it has come to this, because ODNR has worked with the city and been patient with the city."
According to Melfi, it would cost $10 million to $12 million to replace the dam or about $3 million to repair the dam.
Melfi said he is hopeful that funds to repair the dam can be found, but the city has to deal with the immediate concern of addressing safety issues at the dam. He said he stands by his initial idea of taking the lake back to its original state.
jgoodwin@vindy.com