Girard meters issue to be reviewed

By John w. Goodwin jr.

The city auditor has not decided on a course of action.

GIRARD — The battle over the purchase of remote-read water meters here is ongoing, and council is siding with a group of citizens who want voters to decide the matter.

City Law Director Mark Standohar, in a memo last week, ordered Auditor Sam Zirafi to not certify a referendum created by a group of citizens with 450 signatures submitted to the auditor’s office. Standohar said the petitioners failed to meet two areas of Ohio law.

Members of city council, in a 4-3 vote Monday, passed a resolution that ignored the legal opinion of Standohar and directed Zirafi to send the petitions to the Trumbull County Board of Elections.

The resolution says that 450 voters of the city of Girard have expressed their desire to be allowed to accept or reject the ordinance, and enactment of the legislation will likely cause a financial burden in which voters should have a voice.

“Girard City Council hereby advises the Girard City Auditor to refrain from taking any actions to thwart the wishes expressed by the Referendum Petitions filed with his office, on procedural grounds, and to transmit the petitions to the Trumbull County Board of Elections for their review,” the resolution said.

Councilmen Frank Migliozzi, Mike Costarella, Tom Seidler and Larry Williams voted in favor of the resolution. Councilmen Brian Kren, Joe Shelby and Thomas Grumley voted against the resolution.

Zirafi said he has received a copy of the resolution and is reviewing it. He said he has not decided whether he will follow the directives of council or follow the legal opinion of the law director.

The legal opinion issued by Standohar said the petitioners failed to meet two critical areas of Ohio law.

Standohar said the petitioners failed to file a certified copy of the proposed ordinance or measure with the city auditor before the circulation of the referendum petitions. He said Ohio law requires this filing before the passing of petitions so that interested individuals can examine the proposed ordinance that is the subject of the referendum petition.

Council, in deciding to purchase $1.9 million worth of remote meters, passed two ordinances. The first ordinance directed safety service director Jerry Lambert to advertise for bids concerning the meters, and the second ordinance authorized Lambert to enter into an agreement with Neptune Equipment for the purchase of the meters.

Standohar said the proponents of the referendum should have used the first ordinance passed by council, the one authorizing the seeking of bids, for purposes of the referendum instead of the second ordinance as prescribed under Ohio law.

Council members said they also will look at introducing legislation that would allow them to revisit that first ordinance.

If the meters are purchased, water customers would be charged $5 a month until the meters’ approximate $1.9 million cost is paid off.

jgoodwin@vindy.com