Tuesday, February 14, 2006
The company in charge of the camera will no longer back the city in court if the device is removed.
By JOHN W. GOODWIN JR.
VINDICATOR TRUMBULL STAFF
GIRARD -- The camera put in place to catch speeders in the city will keep taking pictures -- for now.
City council tabled an ordinance that would have rescinded an earlier ordinance allowing the use of the speed enforcement camera here. The motion to table passed 6-2, with Councilmen Frank Migliozzi and Dan Moadus voting no.
Councilman Tom Seidler initially proposed the legislation to rescind the ordinance permitting the speed camera, saying businesses in the city were being financially hurt by its operation.
Seidler said he and other council members are still committed to getting rid of the camera. He said the ordinance can be considered at a later time, but council has other things to consider right now.
Lawsuits
"We are in a situation where we could be forced to bear the burden of the lawsuits brought against the city because of the camera, and I am not willing to put that on the taxpayers," he said.
The city is fighting two camera-related lawsuits in court. Traffipax, the Maryland-based company in charge of the camera, is picking up those legal fees, but its president Allen Shutt told council that could change if the camera is eliminated.
"I would like to be a partner with Girard going forward, but if you have decided the camera is not right for the city, we cannot continue [paying legal expenses]," Shutt said.
Shutt said the agreement to cover the legal cost of fighting lawsuits against the camera is unique. He said every other community that has cameras through Traffipax covers its own court costs.
"We are losing money, but that is a decision we made because of the partnership with the city. I will stick with that if they stay with the program, but if not, there is no need for us to be here," he said.
Council also tabled an ordinance that would have mandated that funds generated from the camera be placed in a separate account in the general fund. Some council members said the legislation might not be necessary because the court has already ordered a similar action, and the funds have always been kept in such an account.
Girard Lakes Dam
In other business, council passed an ordinance enabling the service director and mayor to enter into an agreement with the Ohio Department of Natural Resources to repair or breach the lower Girard Lakes Dam.
Council would not say what is in the agreement until it is filed in court, but Law Director Mark Standohar said its sets a timetable to complete the work at the dam.
"The state is basically tired of waiting, so if the city does not meet these time lines and guidelines the attorney general can seek court sanctions for the violation of the consent order," he said.
Council also passed a motion authorizing the mayor and safety service director to contact the offices of U.S. Rep. Tim Ryan of Niles, D-17th, and Sen. Mike DeWine, R-Ohio, with a request that $1.1 million to breach the dam be reappropriated to the city. Those funds had been made available to the city but were taken back because they were not being used.
No raises
Police Chief Frank Bigowsky and Fire Chief Kenneth Bornemiss learned pay raises would not be coming anytime soon. Council rejected legislation that would have established wage adjustments and other benefits for both department heads.
Councilman Joe Shelby requested the legislation to adjust the wages. Ultimately, Shelby was the only lawmaker to vote in favor of it. He said he is disappointed the request was rejected but hopeful it will be considered at a later date.
"I am disappointed that the legislation ended up like this," he said. "I would like to have seen them get an adjustment, but I understand that there were issues with other contracts that would have conflicted."
Shelby said the matter can be revisited later. He also wants adjustments made to the other police and fire contracts that would have been in conflict.
jgoodwin@vindy.com