GIRARD Judge orders city to increase appropriations to court

Council discussed the Lower Girard Lake Dam at length.
By JOHN W. GOODWIN JR.
VINDICATOR TRUMBULL STAFF
GIRARD -- For the second consecutive year city officials may be forced by court order to increase the amount of money allocated to the Girard Municipal Court.
Judge Michael Bernard, in a judgment entry, ordered the city to increase appropriations to the court for 2006 to $905,454. Councilman Frank Migliozzi said council had originally appropriated about $600,000 for the court.
Judge Bernard issued a court order in November of 2005 to force the city to pay an additional $49,000 to the court that year. Council initially refused the order, but the judge took the matter to the 11th District Court of Appeals and got the additional funds, but the city is seeking reimbursement.
'Insufficient'
In the most recent journal entry, Judge Bernard said the appropriations given to the court are "insufficient to meet the economic needs of the court for calendar year 2006." He also states that the city is required by law to provide the court with adequate accommodations and enough funds for personnel needed to operate.
Judge Bernard, in the journal entry, asked for increases in health-care coverage, worker's compensation and operation and maintenance appropriations to the court.
Members of council did not act on the court's order at their meeting Monday night. Council requested that the order be reviewed by the state-appointed Fiscal Oversight Commission and council's finance committee. The Fiscal Oversight Commission is responsible for overseeing all financial decisions of the city while the city is in fiscal emergency.
Mayor James Melfi recently presented a plan that he says would take the city out of fiscal emergency by year's end, but that plan was contingent upon, among other things, the court operating in the budget prescribed by council.
"[The judge] is the reason why we are in fiscal emergency -- he and his courthouse," said Melfi.
Lower Girard Lake Dam
Council also had a lengthy discussion about the Lower Girard Lake Dam.
The city has a consent agreement with the Ohio attorney general's office that says the city must submit partial plans by Aug. 1 to either breach or repair the dam. Completed plans must be submitted by year's end.
Any breach or dam repair would be completed by Oct. 31, 2008, under the agreement.
Some members of council wanted to pass an emergency ordinance requesting that the Army Corps of Engineers proceed immediately with preparation of plans to breach the dam. Councilman Tom Seidler, however, asked that the request be amended to include a study of what could happen downstream from the dam if it is breached and the area sees heavy rain.
"No one has been able to answer what would happen if the dam is not there and there is a heavy rain," he said.
Other members of council wanted the ordinance passed so council would not be in jeopardy of missing the August deadline. Councilman Michael Costarella said taking care of safety issues with the dam could mean lives versus property damage if it is breached and there is a heavy rain.
"If we are talking about safety, we need to do something about this yesterday," he said.
The ordinance will go to a second reading. There were not enough votes to pass it as an emergency.
jgoodwin@vindy.com