DORIS COOK
Star Beacon
May 23, 2007 07:23 am
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JEFFERSON - - The Ashtabula County commissioners have filed for a temporary restraining order to prevent Ashtabula city officials from terminating the 31-year-old joint regional sewer agreement between them.
Acting on behalf of the Ashtabula County commissioners, County Prosecutor Thomas Sartini filed for a preliminary injunction Tuesday in Ashtabula County Common Pleas Court. Sartini is seeking permanent relief for the commissioners, which would force the city to continue treating sewage from county residents until the sewer pact is lawfully terminated by mutual agreement.
The case first was assigned to Judge Alfred Mackey, who recused himself because he was a city council member during some of the time the agreement was in force. The case was reassigned to Judge Gary Yost. A hearing on the preliminary injunction is set for 2 p.m. Tuesday.
Named as defendants in the lawsuit are City Manager Anthony Cantagallo and City Council members Robert E. Beacom, Josephine Misener, James Paulchel, Betty Kist, Julie Latimer, Christopher McClure and Matthew Perry.
On May 7, the council took action by ordinance to terminate the sewer pact with the county. The open-ended agreement had no actual termination date when it was established in 1976.
Sartini said both sides still could sit down and talk about the issues, even while the lawsuit is pending.
"We should be talking, even today. Cooler heads need to prevail," the prosecutor said.
Under terms of the long-standing agreement, the city treats sewage from 3,500 county customers at it's sewage treatment plant.
Negotiations to amend the current agreement have been stalled since July 2006. Until the agreement is amended, the commissioners have been withholding $800,000, which represents the county's 20 percent contribution to the city's $4 million equalization basin, which is being built in Ashtabula Harbor. In addition, city officials do not like the fact city and county customers are paying the same sewer rates.
City officials, in terminating the existing agreement, which has been amended four times since 1976, want to annex land, according to Cantagallo, based on the Bakies v. Perrysburg lawsuit decided by the Ohio Supreme Court in April 2006. Last week, Cantagallo said the city is landlocked; also, the existing sewer treatment pact is not in the city's best interest, according to the city manager.
Talks broke down between the parties earlier this year when commissioners opposed amending the contract in a way that would allow the city to annex land in adjacent townships served by the county's sewer lines. Portions of Saybrook, Plymouth and Ashtabula townships are served by the county's sewer lines, which send waste to the city's plant for treatment.
In a May 7 letter to the county, Cantagallo indicated the city would continue to treat sewage conveyed to the city's sewer treatment plant "for a fee structure to be determined by the city."
Sartini, in his 30-plus-page lawsuit, contends that the plaintiffs (commissioners) "will suffer immediate and irreparable harm injury, loss and damage unless the city is restrained and enjoined from it's illegal, unilateral, arbitrary and unreasonable termination of the agreement."
"The county and affected townships believe that the termination letter received by the county on May 7, 2007, attempting to terminate the agreement effective immediately, is contrary to the law set forth by the Supreme Court of Ohio," Sartini said. "The county seeks to continue it's long-term relationship with the city on an amicable basis that will benefit the interests of the citizens of Ashtabula City, as well as those of Ashtabula County as a whole," he said.
The prosecutor said the Ohio Supreme Court decision in the Perrysburg case allows for a "reasonable notice of termination" of the contract.Saybrook Township vows to fight back. Trustees say termination of agreement only a smoke screen
By STACY MILLBERG
Staff Writer
smillberg@starbeacon.com
SAYBROOK TOWNSHIP - - The city's recent termination of the county regional sewer pact is sending trustees into a tailspin, and they're prepared to fight back.
The city provides sewer service to a little more than half of the township, and although City Solicitor Tom Simon said the termination has nothing to do with annexation, trustees tend to disagree.
"It's no secret the city wants to annex us," said Peggy Carlo, trustee. "We don't have 'dummy' written all over our foreheads. It's all about annexation."
City officials are relying on the Bakies v. Perrysburg lawsuit case in an attempt to gain annexation powers over Ashtabula Township, Saybrook Township and Plymouth Township, which utilize the city's sewer services.
"The city now thinks this is a cover-all to (annex) us," Carlo said. "We're not going to let this fly by."
Carlo said the county is exploring several options and has been representing the township in good faith for about a year since talks began.
"All options are on the table," she said. "This is not something we're going to roll over on. We know the township residents don't want to be annexed into the city, and neither do we."
Carlo said the next step will be looking over how the city plans to proceed with annexation. Township officials have tried in the past to work with the city in terms of forming a joint economic development district, but Carlo said the idea has fallen on deaf ears.
"We are willing to work with the city and hope there is going to be a reasonable solution," she said. "We're not opposed to and have asked (County Prosecutor Thomas) Sartini to look into building another wastewater plant. We can't do it on our own. It has to be through the county."
Norm Jepson, trustee, said a lot of people don't understand the ramifications of this and, eventually, the township offices are going to be flooded with people wanting to know what officials are doing about the situation.
"We're trying to keep everyone informed," he said.
Carlo said the whole situation is going to be a long process and will be tied up in court for a very long time but the trustees are in it for the long haul.
"We feel we need to represent the people of the township because they have said, loudly and clearly, they don't want to be annexed into the city," she said.
Bob Brobst, trustee, said the situation is very serious and the township officials have a huge problem on their hands.
"(The city) is trying to pull something, and I am going to get vicious," he said. "This is not a funny situation."
Star Beacon Print Edition: 5/23/2007
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