Panel hires outside counsel


By Peter H. Milliken

milliken@vindy.com

BERLIN CENTER

The Mahoning County commissioners voted to pay an outside law firm up to $30,000 to defend the county against complaints concerning exclusion of an anti-fracking initiative from Youngstown’s Nov. 3 ballot.

The commissioners voted Monday night here to pay Vorys, Sater, Seymour and Pease LLP to defend the county at the Ohio Supreme Court in the expedited election matters.

The city and members of Frack Free Mahoning Valley, the group that petitioned to get the measure on the ballot, have filed complaints with the state’s top court, protesting the county board of elections’ decision to exclude the issue from the ballot.

The commissioners’ $30,000 resolution replaces their Sept. 3 resolution for $25,000 that addressed defense against only the city’s complaint.

The elections board voted unanimously Aug. 26 to exclude the anti-fracking measure from the ballot, largely because a Feb. 17 Ohio Supreme Court decision denied local governments the authority to regulate oil and gas wells and gave that authority solely to the state.

The board asked for outside counsel because its decision to keep the proposed anti-fracking city charter amendment off the ballot conflicted with a legal opinion from County Prosecutor Paul J. Gains, whose office normally represents county agencies in legal matters.

The commissioners also voted to advertise for bids for installation of a 3,000-foot water-supply line extension along Miley Road in Beaver Township.

The project is being funded by the Appalachian Regional Commission and by federal Community Development Block Grant money.

When the installation is completed, the line will be turned over to Aqua Ohio, which will own, operate and maintain it.

The county commissioners’ next meeting will take place at 10 a.m. Thursday in the county courthouse basement.