Commissioners reel in public comment

Lorain County commissioners passed a resolution at their Aug. 23 meeting reaffirming a 3-minute time limit on public comment.

The resolution follows several weeks of meetings in which the public comment portion of the meetings stretched longer than all other portions combined.

In a phone interview with The Morning Journal, Commissioner Matt Lundy characterized the resolution as a reminder to people about the time limit.

Lundy said he asked Theresa Upton, clerk for the board, about the 3-minute rule and she responded it had been in effect for as long as she has worked for Lorain County.

“She told me that for 22 years, it always stated on the agenda to please keep the comments to three minutes,” he said. “This isn’t anything new. It’s just a reminder that it’s been in place.”

Lundy added that throughout his service on councils, school boards and in his time at the state legislature, there has always been a time limit on public comments.

“I think that’s certainly giving people ample time,” he said. “I think for somebody to interpret it as not being able to speak, is not the correct interpretation.”

Avon Lake attorney Gerald Phillips circulated a news release following the meeting claiming the resolution, which he referred to as “the Anti-Phillips Speaking Resolution,” was passed in retaliation to comments he made at the last meeting.

“Phillips, who was not at today’s meeting, stated that the resolution targeting him and other anti-commissioners speakers is clearly unconstitutional violating the first amendment rights of freedom of speech, right to assemble, and right to petition one’s government for redress of grievances,” the release said.

Phillips claims he plans to file a legal challenge to the resolution, the release said.

Assistant Lorain County Prosecutor Gerald Innes, who also is legal counsel for the commissioners, disagreed with Phillips’ claim of unconstitutionality.

“You can’t recognize and allow people that say good things about you and then restrict people who say bad things about you,” Innes said. “You have to be fair and treat everyone the same, and we will do that.”

Innes said the resolution does put limitations on certain habits.

“We’re not going to talk about pending litigation, and I think that makes common sense,” he said. “Nobody’s going to talk about court cases, but we won’t talk about court cases with anybody, so there’s nothing wrong with that.”

Innes said the commissioners also put a limitation on talking about the same topic repeatedly.

“If somebody is getting up and just saying the exact same thing, we’re going to say, ‘We already heard that,’ so we don’t have to listen to it 30 times,” he said.

Commissioner Lori Kokoski said after the meeting that despite Phillips’ characterization, the resolution was not aimed at him, but his actions in recent meetings certainly highlighted the need to enforce the time limit.

Kokoski said because Phillips has pending litigation against the board and Innes has instructed the commissioners not to speak on that litigation, the public has been seeing a very onesided view.

She added that public comments should just be comments.

“Its not supposed to be a debate,” Kokoski said. “It’s not supposed to be questioning the board. It’s a public commentary.”

Kokoski added that the board has been lenient and now will abide by the rules.

In other news, the commissioners authorized four applications to the Ohio Public Works Commission to fund projects in the county. The local share of these projects will be paid for with motor vehicle gas tax funds. These requests include: • Request for $497,510 from the commission to fund the resurfacing of West River Road in Elyria. The project is estimated to cost $559,000.

• Request for $311,500 to fund the Nickle-Plate Road Bridge replacement. The project is estimated to cost $350,000.

• Request for $195,800 for the Island Road Bridge replacement. The project is estimated to cost $220,000.

• Request for $127,000 for the Colombia West River Road culvert. The project is estimated to cost $216,886.

Also, the commissioners approved a 10-year 75 percent real property value tax abatement to AgriNomix LLC and Creekside Properties LLC, in Oberlin.