The Star Beacon; Ashtabula, Ohio

June 8, 2009

Potential developer not allowed to talk at session

By MARK TODD - Staff Writer - mtodd@starbeacon.com

CONNEAUT — An angry would-be developer and a defiant City Council member highlighted Monday night's regular meeting.

Early in the meeting, a new council rule prevented Michael Ratcliffe from rebutting comments made at last week’s council work session about his Saxcliffe Structural Systems business. The recent rule limits audience comments at meetings to legislation on the evening's agenda.

Ratcliffe and Walt Poff, operator of Nova Star Real Estate, the firm brokering the deal, each signed up to speak, but were thwarted by Council President James Jones’ enforcement of the rule. The men accepted an invitation to make their remarks at next week's work session.

In other business, Ward 1 Councilman Dave Campbell said he would disregard a legal opinion from Law Director Lori Lamer regarding a public records request made on behalf of Bob Howland, Public Works Department director. If Campbell's stance results in a lawsuit filed by Howland, so be it, he said Monday.

“Appropriate funds for my legal defense,” Campbell said.

Ratcliffe told council he wanted to address the many “misrepresentations made at last week's meeting.” At that meeting, council discussed an offer Ratcliffe reportedly made last fall for 17 acres of land in the East Conneaut Industrial Park. Ratcliffe wants to construct the headquarters for his business, a low-cost, extra-sturdy building system for use by contractors.

The building would mostly clerical workers, as well as some manufacturing and warehousing, he has said. Hundreds of jobs could result, officials have been told.

Council last week briefly discussed the proposal and agreed more research may be in order. At Monday's meeting, City Manager Robert Schaumleffel Jr., said a formal response to Ratcliffe's proposal is being drafted and would be dispatched soon.

Denied a chance to speak, Ratcliffe and Poff left the meeting. Later, the incident prompted more discussion on the value of the legislation-only audience comment rule. Ward 3 Councilman Greg Mooney opposes it and called for a return to the old format.

Ward 2 Councilman Charles Lewis said the rule is “ridiculous” and called for a vote rescinding it. The motion was defeated by a 4-3 vote. In favor were Lewis, Campbell and Mooney, opposed were Jones, at-large councilmen Chris Castrilla and Jacob Chicatelli and Ward 4 Councilman Tony Julio.

The rule was imposed by a majority vote after some council members said certain visitors were using the comment period to preach an agenda or campaign for office.

Campbell's public record situation revolves around an e-mail he received earlier this year from an unknown city employee regarding a guardrail project on Keefus Road done at the start of the year. The city contracted out the work, even though material to complete the work in-house was available.

Campbell reportedly made public statements regarding the confidential e-mail, including comments to a television talk show.

Howland hired an attorney to compel Campbell to identify the employee via a public records request aimed at his e-mail. On Friday, Lamer sent Campbell a letter saying she believes Campbell — as an elected official — is obliged to surrender the e-mail.

“If it’s a correspondence dealing with public business, it’s a public record,” she said.

Regardless of the ruling, Campbell said he will not turn over the information Howland seeks.

“It’s not going to happen,” he said. “If that what Howland wants to do to waste taxpayers’ dollars, have at it.”

City administrators have said the guardrail project was hired out because a serious traffic accident had occurred at the location, a fast response was needed, and city crews were tied up with plowing work.