GIRARD City and state agree to deadlines on dam

The court action is necessary, agreement or not, the state says.
By ED RUNYAN
VINDICATOR TRUMBULL STAFF
WARREN -- A deal between Girard and the state would have the Lower Girard Lake Dam fixed by Oct. 31, 2008.
The city and Ohio Attorney General Jim Petro have a consent agreement that stipulates that Girard repair or remove the Lower Girard Lake Dam by then, and to make interim adjustments to the Upper Girard Lake by this summer.
Ohio went to Trumbull County Common Pleas Court on Friday to make sure these dates hold. The Ohio Department of Natural Resources said it is "essential that this case be filed in court with or without an agreed upon consent order."
The city's obligations must be fulfilled regardless of whether the city receives federal or state appropriations, grants or loans toward the work.
Mayor wants to remove it
Girard Mayor James Melfi has maintained that the city cannot afford to repair or replace the dam. It does, however, have $1.1 million in federal funds that it could use to remove it, and he hopes city council agrees to that option.
"We must do as they say," Melfi said of ODNR. "They are the experts in dam safety. It's obvious that ODNR is serious."
Melfi said he thinks the current city council understands that the ODNR is no longer "huffing and puffing" but is ready to "blow our house down."
Melfi added that the city needs to "act responsibly" by spending the amount of money it has -- not continuing to hope for a more expensive repair, because that would involve spending more money on legal fees.
Melfi said it would cost $4.5 million to $5 million to reduce the height of the dam by about 15 feet, which would create a lake of 74 acres instead of its former 99. It would cost $10 million to $14 million to repair it to its current height, he said.
If the city were to remove it, the lake would be a "wilderness, wooded area," Melfi said. "It would not be a lake but a beautiful area."
The consent agreement came just as the state filed its lawsuit.
That lawsuit lays out all of the efforts made by ODNR in recent years to get the city to make repairs to the dam. It notes that the city made a previous promise to submit a timetable for repairs or breach by March 30, 2005, but missed that deadline.
Deadlines
The consent agreement's deadlines are:
UAug. 1: 50 percent completed plans and specifications.
UOct. 2: Complete plans and specifications.
UJan. 31, 2007: Final approvable plans and specifications.
UMay 31, 2007: Begin work.
UAug. 29, 2008: Complete work.
UOct. 31, 2008: As-built plans and engineer's certification.
Further, the agreement says the city will keep the valves on the dam completely open until approval of the repair or breach.
The city will send lake level data and photographs once per week of the upper and lower lake dams to the chief of the Division of Water of the Ohio Department of Natural Resources.
The city agrees to maintain the lake at the Upper Girard Lake Dam at least 10 feet below normal pool until the repairs or breach are complete. Normal pool means the elevation of the water level at the spillway of the dam -- reaching normal pool means the water flows through the spillway, the document states.
The agreement states that the city will take measures to make the second gate operational by March 30, 2006, and the third gate by June 1, 2006.
The city bought the lakes in 1995 so that Girard could get away from relying on the Mahoning Valley Sanitary District and have its own water supply.
runyan@vindy.com