Trustee: Battle over plan to linger

Perry Township isn't in a hurry to name members to a new fire district.
By D.A. WILKINSON
VINDICATOR SALEM BUREAU
SALEM -- One local official estimates it may take a year to untangle a legal battle over the new Quaker Community Fire District.
Salem and Perry Township have formed the fire district to serve both jurisdictions.
Perry Township Trustee Jerry Wolford said Friday it may take a year to resolve the dispute and make the district operational.
Judge C. Ashley Pike of Columbiana County Common Pleas Court has issued a preliminary injunction requested by city firefighters to stop the district's formation. Firefighters are using a contract grievance to contest council's move, which eliminates the city's fire department.
Councilman A. Frederick Vogel is council's representative to the fire district board. Under state law, council will appoint another person to represent the city. A trustee and another township person will have to be appointed. Those four will appoint the fifth and last member.
"We are a legal entity right this minute," Vogel said.
Judge Pike has ruled the city could name board members and engage in planning. But the city was barred from making the district operational or funding it.
The city has asked Judge Pike to allow the city to give $15,000 to the district board to hire a lawyer.
Vogel said the city's attorney, James D. Kurek, had explained that the funds were for planning but would not make the district operational.
Where things stand
Vogel said the district's lawyer would help write the district's rules and deal with any possible litigation over its formation. He noted that many people in Salem are upset about the district's formation.
"Doing better for less -- that's the way things are today," Vogel said.
But Judge Pike has indicated in court documents he may not be able to hear the city's funding request since the city has appealed his previous ruling.
Wolford said the trustees will meet Monday, but he expects no immediate action to name their members to the board.
Wolford and Trustee Larry Parker are up for re-election in the fall in a field of five candidates. Wolford said it made little sense to appoint a trustee to the board who may not be in office next year.
The township isn't providing any money for planning or a fire district lawyer.
Wolford said the county prosecutor's office, which represents the township, has told the township trustees that the district is a separate entity. The prosecutor's office also said that township fire funds can only be used for fire protection.
The result, Wolford said, is that the city is going alone in the legal battle.
wilkinson@vindy.com