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The Trumbull County Council of Governments has received a response from state Auditor Keith Faber's office that states he agrees the organization is permitted to perform demolitions in the county.
Members of COG, which includes many county townships, villages and cities, sought an opinion from Faber's office on whether they can continue with demolitions of vacant buildings throughout the county. The COG had attorneys with Baker / Dublikar in Canton send a response to Faber's office this summer following a management letter received last spring from the auditor. The state questioned the demolition of the former Niles Times building through an agreement with COG.
The Times building was razed. The land is used as city parking lot.
COG Chairman Jim LaPolla said the organization has provided inexpensive demolitions for local communities. He said the council received a favorable legal opinion of its service.
The COG has conducted demolitions in Vienna, Braceville, Brookfield, Farmington and Niles.
LaPolla said that for some reason the demolition of the Niles Times building "caught someone's attention" and "received so much scrutiny."
STATE RESPONSE
An Oct. 4 letter to Baker / Dublikar from Faber states the office received the legal opinion from the attorneys on behalf of COG and Niles. It requested the attorney general reconsider the management letter comment in the Trumbull County FY21 audit report released in April regarding the memorandum of understanding executed by the county commissioners, the COG and Niles regarding the Niles Times building.
The letter states "the new legal argument presented asserts that although the specific employees that performed the demolition services are employed in the county engineer's office, they remain and retain the status as county employees even though they are under the engineer. The argument continues that one of the lawful functions of a COG is to demolish vacant buildings, which is also a separate lawful function of a county or municipality; and finally, that the commissioners may provide services of personnel and use of equipment as part of a county member's financial support of the COG."
Faber responded that after reviewing the legal opinion and relevant documentation, the attorney general's office finds it to be persuasive.
"We agree that because demolishing buildings is a lawful purpose of the COG and county to undertake, and the county has the discretion on how to carry out that task, including providing county employees to complete the task -- which include those working in the engineer's department -- it was proper for the use of the engineer's employees and equipment to do the demolition work for the COG, as those employees were acting on behalf of the county," the letter states.
Faber states the office will not take issue with agreements between COG members where Trumbull County, as a member of the COG, provides demolition services to another COG member, or to the COG itself.
COG RESPONSE
LaPolla said he was grateful for the response COG received from Faber. He credits several members of the COG, county engineer's office and Baker / Dublikar whose hard work helped get the favorable response.
"I'm glad to see that the state acknowledges and recognizes the true effort of the Council of Governments. The COG is an organization that with shared services has shown that it can work for the betterment of the county and its residents without looking at municipal jurisdictions and political divisions. The COG is a working example how local government should be working for them," LaPolla said.
He said he looks forward to helping communities do improvements that they couldn't otherwise afford with their budgets.
"I look forward to the new year with a positive outlook," LaPolla said