WTO Reform - World Truth Organization - WTO Reform

CHECK OUT OUR LATEST ADDITIONS - (CLICK REFRESH IN YOUR BROWSER TO BE SURE THAT YOU HAVE THE LATEST ADDITION)

CHALLENGE 4

“Public Challenge”

A new charter form of government had just been instituted in Summit County. This is the county where Akron, Ohio is located. The new county executive was a carry over leader from a three-member commissioner government. His name is John Morgan and he will become a key player in the drama that is about to unfold. He was elected as the first new county executive.

It is March of 1981. We never are sure of what the future holds. That is the adventure in facing life’s’ adversities. I would talk to some friends about a proposed sewer project moving my way.

Already economically strapped because of my social stand, I realized I needed to investigate this circumstance.

On March 5, 1981, I would go to a public hearing with a friend of mine. I had written the following text to present to county council members:

Sewer Revolt

This is a form of taxation without representation. The representatives’ responsibility to their constituency (status quo), is to promote the general welfare. To be humane and compassionate in their leadership; otherwise, they are working against the best interest of society.

At this point in time, with inflation at double digit rates, Ohio being a depressed area (job loss in Akron and the state) and the general economic base of the family was threatened; it is not in the best interest of the status quo to again dictate massive spending of the individual homeowners’ base.

Proponents of the sewer argue against individual sewage systems. These systems have functioned well when properly maintained, as would a large central sewage plant.

In times of austerity, it is wise to make do with what we have. I do this in my individual existence and I expect those representing me to do the same!

I might speculate as to why those supposedly sworn to represent us, would not consider our individual needs.

With central sewage, they have less hassle with E.P.A. and government regulatories, when it comes to new home development. (Expansionistic goals.)

Who pays for the basic trunk sewage system but the constituency already in existence? Those that are supposedly to be represented are those who are exploited. Those who are already overburdened, with taxes, inflation, and an insecure economic base!

It is time to change the pattern of dictatorship that exist from those sworn to represent us.

I am a resident of Uniontown. It might be asked, “What concern do I have with Phase II of this project, when I am connected more directly with Phase III ?” A wise person will stop a difficult problem before it gets difficult.

Sooner or later, I must voice my opinion and my stand, I will not pay for a sewer system I do not need or desire.

Sincerely,

Tom Kiss

March 4, 1981

When we reached the meeting at a local high school, the hall was already filled to capacity. We retreated to the cafeteria in the basement. The sound system was not functioning properly in this area. The people were getting rather upset. Since I was concerned about unnecessary trouble, I made my way upstairs to inform those in charge about the circumstance. They assured me they had alleviated the problem. A moment later a woman came from out of the packed hall, she said she had four front center seats. I knew my friend would understand me taking a greater vantage point, so I followed her. There I was front center, immediately in front of county council. Because of chance, I was able to personally give a copy of my opinion to each of the council members.

As the meeting began, you could tell the council members were trying to be indifferent to this packed crowd.

The meeting of March 5, 1981—was amazing. Your blatant disregard for the testimony of the public was disgraceful. You were unable to answer public charges against the project. The questioning by citizens requesting the rule by which you were charged to carry out this project without a mandate of the people was never answered to. Public funds spent on a project not conceived by the rule of the public? Research, planning, and talks of contracts?

That evening, by chance, I ended up seated front center, second row. I listened. I saw my basic concerns were unanimous among the various citizens protesting.

I spoke to you that evening. I told you, “You, too, are on public record.” I told you, “I knew of constitutional law; Ohio law, and I knew what you were doing was wrong and impeachable under our laws.” When I spoke those truths, I got a resounding vote for what was spoke.

The proponents of the project would speak at great length. When it was the time for the public to speak, they were told to limit their time to three minutes.

Legal counsel for John Morgan was a female by the name of Jane Bond. As the first person passed the time limit (this project was threatening their life and security. They were voicing their fears and apprehensions.) Jane Bond would callously, in an extremely arrogant manner, with total disrespect towards the populous, order a sheriff’s deputy to remove the first person from the podium. She had no sense or feel for the people. As the officer moved, the crowd let out a disapproving moan. A feel of discontent towards the way one of theirs was being managed. This was a message from the mass. The officer sensed the mood and retreated. Jane said, “I said remove him.” Everyone spoke his or her minds. Jane has been observed over the years. Today she is a “judge”. We will see about this public injustice later.

Almost one fifth of the affected areas population was present at this meeting. Why hadn’t the county officials sent out a questionnaire to investigate public interest in this matter? Planning had cost public funds. All this disruption to everyone’s domestic tranquility would not have occurred if the public would have been initially involved, according to the law.

A BATTLE HAD BEGUN. The protest leadership had already mobilized. It is obvious by the article of March 4, 1981, Akron Beacon Journal, that the council was aware of the public resistance before the meeting began, and were still going to dictate their demands on the public.

“Springfield 91 hearing called”

March 4, 1981

Five years ago, Summit County commissioners held a public hearing to convince residents in the southern part of the county that the Springfield 91 sanitary sewer project had to be built to avoid pollution and outbreaks of disease.

Fist fights broke out and lawsuits were filed.

County officials will be hoping history does not repeat itself Thursday night at a public hearing has been scheduled for 7:30 p.m. at green High School, 1737 Steese Road, on the second half of the Springfield 91 project.

The first half of the project was built.

But the two-year delay the lawsuits caused boosted the original $33 million price tag to $44 million. The sanitary engineer’s department absorbed the additional cost and all users of the county’s sewer system eventually bore it.

The proposed $71 million Springfield phase 2 would serve 15,000 residents in Springfield, Green and Coventry townships. A $42, 415, 369 federal grant will pay more than half the construction costs.

Pete Frost, director of the county’s sanitary engineering department, said he and County Executive John Morgan and representatives of the County Council will attend the public hearing.

“In the past, they’ve given three-hour presentations and bored and aggravated the people to tears. Our entire presentation will be 45 minutes,“ Frost said.

The remainder of the time will be spent listening to residents.

Each speaker will be limited to three minutes.

The notices sent out to residents and property owners are only tentative assessments. After listening to comments at the public hearing, the Council and executive will decide whether the project should continue.

Frost said that if it goes ahead- and he said it is likely that it will- his department will review complaints from property owners saying their assessments were calculated improperly or were too high.

Final assessments are expected to be mailed in 1984, although construction is planned to begin late this year.

Frost said the higher costs of phase one had no impact on the assessments for phase two. He said assessments for the second half of the sewer project are based solely on estimated construction costs.

Here are some basic questions residents have been asking about the sewer project and how Frost answered them:

How much is it going to cost homeowners?

Notices of proposed assessments have been mailed to all affected property owners. The bills are based on how many “benefits” a certain property owner could receive from the sewers installation.

For example, if you own a parcel of land that is composed of three buildable lots, you would be assessed three benefits. But a house built across two lots would be assessed one benefit.

For a single-family dwelling, including trunk line, local sewer line and connection costs, the assessment will be $3,700, according to Frost.

By comparison, assessments for the first half of the project were $1,453. Frost said these were unrealistically low because they were not readjusted when the two-year delay boosted construction costs. That will not happen again, he said.

Assessments for the phase one of the Fishcreek sewer project were $2,130 for Tallmadge residents and $2,073 for those in Stow. Fishcreek assessments for phase two were $2,446.

The $3,700 assessment for Springfield phase 2 brings the sewer to the property owner’s right-of-way line. Connecting the sewer to the house requires a private contractor and costs estimated at $8 to $10 a foot. A $550 tap-in fee and a $110 permit fee are also required, Frost said.

“By the times it’s done, it could cost $5,000 to bring the sewer into a home, “ Frost said.

For those who are paying only trunk line costs because the sewer isn’t coming up their local street, the assessment will be $617. But the sewer won’t service their homes.

Residents can opt to have their assessments applied to their property tax bills for 20 years. The interest rate is expected to be 8 to 9 percent, Frost said.

How do I appeal my assessment and how long do I have to do it?

Residents who have already notified the sanitary engineer’s office in writing that they consider their assessments unfair will be considered.

In addition, property owners have five days after the public hearing to send written objections to the sanitary engineer’s office at 19 N. High St., Akron, 44308.

March 6, 1981, Beacon Journal gave accounts of what the people voiced at the mass rally on March 5, 1981. A mass of people gathered to protest a dictate.

Overflow protest

2,700 say “No” to sewer

March 6, 1981 ABJ

By Marilyn Marchione

Summit County Executive John Morgan and County Council members ran into a wall of 2,700 no’s Thursday night.

Not one of the throng that packed a public hearing in Green high school on phase 2 of the Springfield 91 sanitary sewer project spoke in favor of the $71 million project that is to affect 15,000 residents in southern Summit County.

So many came to protest the massive project that the 2,000 seat gymnasium was filled before the hearing got under way and county officials scurried to set up speakers in a downstairs cafeteria. When that was full, the crowd overflowed into the halls, where people stood and listened to the hearing through the school’s public address system.

Fourteen sheriff’s deputies had been hired for security by county officials who remembered the 1976 public hearing on phase 1 of Springfield 91 at which 1,000 residents showed up and fist fights broke out.

But although tempers flared and shouting matches developed, Thursday night’s hearing was peaceful.

When it was all over, 66 residents had filed to the microphone to tell of hardships they would face if the sewer went ahead. And their message apparently did not fall on deaf ears.

“Because preponderance of opposition to the sewer, I’m voting against it,” county councilman Joe Lentini said after Frank Gaffney also said he likely would oppose it.

“From the information that I have before me right now, I could not vote in favor of this project, “ Gaffney said.

Besides Lentini and Gaffney, Councilman Robert Gippin, Ted Cole and Rev. Raymond Burgess also attended the hearing, although Cole left halfway through. Gippin and Burgess said they were not yet prepared to make a decision.

However, Gippin became upset when some speakers made hostile remarks and told them, “We’re not your enemies. If there’s no need for this sewer, it’s not going to be built.”

“I’m disappointed that these people think that we have already made up our minds and that we are unanimous, “ he said later. “They are wrong on both counts.”

Morgan said he has made no decision yet on whether construction of the sewer should proceed, adding, “I think it’s important to absorb what was said.”

The sewer was planned to serve 15,000 residents in Green, Coventry and Springfield townships, Assessments for a single-family home on one lot are $3,700, but that does not include connection fees and tap-in costs.

Residents with large tracts of land or farms have much higher assessments.

County and Ohio Environmental Protection Agency officials started the hearing by presenting the history of the project and their views on why it was needed. But they were forced to cut it short when angry hecklers booed them and other frustrated residents punctuated their comments with cries of “We don’t want it.”

Once the residents got to speak, county officials bore the full brunt of their frustrations, and they weren’t all over the cost of the sewer.

The people told them they were angry that Sheriff’s Post 2, which used to serve southern Summit County, was closed when budget cuts were made last month.

They said they were angry about inflation, the shortage of jobs, the federal government, the new county charter government.

“Quite frankly, I’m mad as hell and I’m not going to take it anymore, “ said Roger Polley of Green Township.

John Coultrap of Springfield Township said he blamed the former county commissioners for planning the sewer project but also was upset that “the new government is leading us down that same sewer pipe.”

Jerry Hall, a Springfield Township carpenter, said the pollution problem in Summit County was not bacterial as health department officials suggested “ but it’s the dollar signs in our officials’ eyes.”

“The stench of this project is greater than the stench of human waste.” He said.

Russel Bolin of Green Township said residents came to the public hearing hoping to bother county officials enough to convince them to abandon the project.

“We’re like 2,700 Charlie Livengoods here,” he said, referring to the 83-year-old retired Green township retired truck driver who has made a 13-year career of fighting county and township officials over a drainage problem.

Coventry Townshhip trustee Tom Seese said the trustees opposed the project because of the problems they had when phase 1 was built.

“We have flooding problems that we’ve never had before. When it’s dry we get dust. When it’s wet we get muddy water. The streets they put in out here are falling apart. If they (county officials) want this damn program, let them pay for it, “ Seese said.

Green Township trustee Russel France charged that it was “unfair” to impose the sewer assessments without letting people vote on the project. He also said the county should not rush to build the $71 million sewer system just because it has $42 million federal grant money to pay for more than half of it.

“Send the money back, “ he said amid bleacher-rattling foot stamping and cheers.

Joe Collier, a 23-year-old unemployed construction worker from Green Township, said he and his 73-year-old father and 63-year-old mother could not afford the sewer.

“I’m here representing the young and old, “ he said. “I’ve been told how the sewer is going to benefit us, why I should want it. But this board has never told me how we’re going to pay for it. We’d rather have the sheriff’s post open.”

Jane Bond, general counsel to Morgan, said residents have five days to file a written appeal and no action can be taken on the sewer project for 10 days after that.

Then, a council member or the executive would have to introduce a proposed ordinance which would be assigned to committee. Then it probably would be given three readings in the council and published before it could be voted upon.

The citizen’s group which has been formed to oppose the sewer project will meet at 7:30 p.m. Tuesday at Green Junior High School to discuss ways of stopping the project.

84-year-old fears he’ll lose his farm

March 6, 1981 ABJ

By Jim Carney

Andrew Kuhar sat in the front row at Green High school gym, in the seat nearest to the microphone, with his fur hat on his lap and a letter from the county in the pocket of his brown herringbone coat.

The letter listed his Springfield 91 sewer assessment at $91,942.

“I’ll have to go on charity, I’ll have to lose the farm, “ the 84-year-old Kuhar said in a Slovak accent.

William Abbott stood in the line of residents at Thursday night’s Springfield 91 public hearing, waiting to talk about his $143, 181 assessment on his 49-acre farm he has worked for 42 years.

“I couldn’t believe it at first, “ the 70-year-old said. “I thought they had the decimal point in the wrong place.”

Abbott and Kuhar are two of the some 25 landowners whose assessments are as high as $250,000, county officials said.

Kuhar wore a blue suit with a burgundy turtleneck sweater, with rubbers on his black shoes.

He lives with his 50-year-old son, George. He moved to the 46-acre farm in 1934.

“I paid $6,400 for the farm. “ he said. The property is currently assessed at 28,320, he said.

“I don’t have no need for the sewer. I just put in a new septic tank a few years ago.”

Kuhar said he quit farming in 1969, when his wife died.

He said he receives $263 a month in Social Security benefits.

“That’s my whole income. I raise my own garden. Otherwise I would be starving.”

His house is 1,000 feet from Greensburg road in Green Township.

Property owners whose houses are more than 200 feet from the road where the sewer line will pass are required to pay the assessment, but are not required to hook onto the sewer.

Those with large tracts of land, like Abbott and Kuhar, may apply for an agricultural deferment that would put off payment for 20 years, if funding is available and if they are found to be qualified, according to county sanitary engineer Pete Frost.

Abbott, a rosy cheeked, gray haired father of five and grandfather of twelve, said he still farms but has retired after 40 years at General tire in Akron, where once he was involved in organizing the United Rubber Workers union.

“I think there’s hope that if we stick together, we’ll beat ‘em,
” he said.

“It would be like the unions and factories. When we first started, we stuck together and we won.”

Abbott said he is not sure how the five Summit County councilmen and County Executive John Morgan, who attended the public hearing, will vote on the $71 million sewer project.

“You can’t tell about these guys setting behind the table, “ he said. “You can’t reason with them.”

Kuhar’s daughter, Marie Gracy, who with her husband is faced with an $11,100 assessment, said her father “is worried that he’ll die and leave us a $92,000 debt.”

Kuhar said “land grabbers” are behind the proposed sewer project and said there will not be enough room in the jails for everyone who won’t be able to pay or will refuse to pay the assessments.

“I’ll have to sell or they’ll have to kick me out, “ he said.

(March 12, 1981)

During this period of time there would be a planning meeting to address how to proceed at the Portage Lakes Community Center. I found my copy of the charter and exacted my position by law.

Before the meeting began, I struck up a discussion with a young, intellectual associated with Dave Bussey. Dave was one of the main protest leaders. I showed this fellow a copy of a paper I prepared. As we discussed our views, they started to turn to arguments. We argued about this paper:

The Road to Freedom

Point of law—Magna Carta 1215 occurred when the nobles and the people bounded together against a despotic king. It started an initiative toward individual rights and freedoms guaranteed by law.

Point of law—Thomas Paine saw a people ready to rebel against despotic rule and gave reason to the rebellion with his works, Common Sense.

Point of law—Thomas Jefferson, an intellectual inspired with the grasp, Thomas Paine, a commoner, had, over the condition of their time, wrote a Declaration of Independence.

Point of law—The declaration insured direction in the forming of a new concept of government. Without a bill of rights, a protection of individual freedom, the Constitution of the United States of America would not exist.

Point of law—The Constitution exists. We, the people, establish justice, we, the people, insure domestic tranquility, we the people, promote the general welfare.

Point of law—We the people of the state of Ohio, grateful to almighty God for our freedom, to secure its blessings and promote our common welfare, do establish this Constitution of the State of Ohio.

Point of law—The citizens of Summit County, Ohio, believing that they can govern themselves on the county level, avail themselves (benefit themselves) of the opportunity afforded by the Constitution of the State of Ohio to adopt this charter.

Point of law—Constitution of the State of Ohio, Article I, Section 2states—All political power (power of policy) is inherent in the people. Government is instituted for their equal protection and benefit, and they have the right to alter, reform, or abolish the same, whenever they deem necessary, and no special privileges or immunities shall ever be granted, that may not be altered, revoked, or repealed by the general assembly.

Point of law—If leaders are not practicing within the law on all levels of our government, they can be impeached. This is to call question to their motives and if their motives are not within the framework of the general welfare, they must forfeit the right to their positions which they have secured from the people because they no longer merit the trust allotted them.

Point of law—Under Summit County charter the right of the initiative and referendum is reserved to the people of the county on all matters which such county may now or here-after be authorized to control by legislative action.

In other words, according to the charter, Section 3.05, the people initiate or start an action. According to Section 3.05 of the charter, referendum is the practice of referring laws, in fact all matters, directly to the people for approval or rejection by vote.

Point of law—I, Tom Kiss, have and am impeaching council for dereliction of duty and it is the peoples’ responsibility to back this action if they desire their rights and freedoms.

March 12, 1981

Tom Kiss

Dave Bussey, who accepted a copy, told his associate not to argue for I was right. Dave placed my statement in his briefcase and resisted me from that point on.

Summit county had just introduced the first county charter government in Ohio. The prior rule was by a three-member commissioner form of government. The new government was adopted to give broader leadership to the populous.

Interesting it is that the new county executive, John Morgan was one of the previous commissioners, Ted Cole; a new council member also was a prior commissioner.

Interesting also the fact these two were involved in the first phase of the project. Even more interesting is the fact those two would continually promote the project even in a scaled down version. Morgan and Cole did not have tremendous incomes from their positions, yet against the will of the public they continued.

March 13, 1981 , would collaborate the assumptions I made earlier on Morgan and Cole

Morgan ready to submit new sewer plan

March 13. 1981 ABJ

By Marilyn Marchione

Summit County Executive John Morgan says that County Council will officially get his recommendation for a scaled-down Springfield 91 sewer project Monday night.

Morgan said he will submit by noon Friday a resolution authorizing him to advertise for bids on an $18.8 million version of the original $71 million project.

Morgan said some opponents of the sewer were to meet this week with Pete Frost, the county’s director of environmental services, to discuss their ideas for alternatives to the sewer planned for southern Summit County.

If they offer any viable alternatives, Morgan said, he will withdraw his resolution.

If they do not, Morgan said, he will strengthen the resolution to authorize him to not only advertise for bids, but to accept and grant some if they are reasonable and if average assessments to property owners would be no higher than $2,600.

Morgan said he wants the resolution to make clear to residents that he will proceed with the original project and to let them know whether they are in the revised plan or not.

He said the revised sewer would serve about 4,000 residents in the Cottage Grove area of Green and the Country Club Village area of Coventry Township.

Morgan said that if council authorizes him to award bids, he will be empowered to recalculate the assessments and notify property owners of their revised bills.

He said that eight persons who spoke about the sewer at Monday night’s council meeting, only two lived in the revised sewer district. One of those two spoke for the sewer project.

He said the most vocal leaders of the sewer opposition also are no longer in the revised sewer plans. Those leaders include Don Templeton and Dave Bussey, chairman of the Citizens for representative Government.

Morgan also said many of the sewer opponents who stayed for the public hearing on the half-percent piggyback sales tax at Morely Health Center last week were not affected by the revised sewer.

“Out of 269 people who attended the public hearing last week on tax, 187 are not in the revised district, “he said.

A joint meeting of Council’s Rules and Planning-Public Works committees will be held at 4p.m. Thursday to discuss the reduced sewer proposal and a resolution by Councilman Joe Lentini to kill the project. The meeting will be held in the council chambers on the eighth floor of the Ohio Building, 175 S. Main St., Akron.

Morgan said Lentini’s resolution “walks away from a problem” of pollution and inadequate septic systems.

(It is strange that twenty years later there have been no major health problems in the area that was such an immediate threat to the public then.)

Less –costly Summit sewer possible

Consultant says Springfield 91 price could be cut 30%

March 13, 1981 ABJ

By Marilyn Marchione

The consultant on Summit County’s Springfield 91 sanitary sewer system says a stripped down version of the sewer could be built which would cost 30 percent less than the $71 million system being planned.

John David Jones and Associates sent county officials a letter Thursday saying that assessments to a property owner with a single-family lot could be reduced to $2,250 rather than the $3,700 proposed – if certain areas of the sewer were not built.

The plan would call for connector or lateral sewers to be built only for existing structures, meaning that anyone wanting to develop vacant or subdivide vacant land in the future would have to foot the bill for installing the sewer from the street to the property line.

County Councilman Ted Cole, who asked the consultant to write the letter, said he did so to try to lower the cost to make the sewer more palatable to the 15,000 residents it would affect.

However, some residents complained that they did not want the sewer at any price.

Jerry Williams, one of the leaders of the group opposed to the project, said he would have to go back to those that are against the sewer and discuss the latest development with them. He said people are not objecting to the cost of the sewer.

“We don’t need it and we don’t want it, “ he said. “The cost at any figure is beyond what the people want to pay and they haven’t gotten a chance to vote on it.”

Green Township trustee John Torok, whose assessment on his property is $170,000. He is opposed to the project and said the latest figures are “where they should have been in the first place.”

Torok said that even with the reduction in cost he doesn’t think the residents will go for the sewer. “It isn’t the cost. It’s do we need it?” he said.

Coventry Township trustee Thomas Seese labeled the latest development “amazing.”

“All I can say is, isn’t it funny how county government works? It looks like they’re at their best. I think maybe they ought to go back to the drawing board again. That’s a lot of money they’ve trimmed off from two public meetings raising hell.”

Pete Frost, director of the county’s sanitary engineering department, said his staff has been studying alternatives to the high assessment and questioned the numbers the Jones firm used.

“I don’t intend for the department to absorb any costs and falsely lowering the assessments doesn’t accomplish anything, “ he said. “The assessments are going to depend on construction costs. If we absorb costs, the users of the entire county metropolitan system would pay more, and that isn’t fair.”

Frost said that if the consultant knew costs could be trimmed so substantially, he should have recommended it or listed it as an option to the county in the first place.

County Executive John Morgan said Jones’ letter would be studied along with what the sanitary engineering staff was studying so that all possible ways of making the project better and reducing its cost were considered.

But he restated his objection to Cole’s unilaterally asking a consultant to do something independent of the executive’s office or the rest of council.

Morgan issued a letter to council members Thursday saying he regards such actions as constituting a change order to a contract for which the consultant can demand payment.

Morgan’s letter said that any council member needing more information on the project could request it of him and “it will be given immediate attention.”

In the letter, company president John David Jones said there would be no cost to the county because the information was “readily available from our files.”

At least five of the seven county council members now say they will not approve plans for the second half of the controversial sewer project if the plans include assessments of $3,700 per lot.

Councilmen Art Swanson, Joe Lentini, Frank Gaffney and the Rev. Raymond Burgess said they would not vote on the sewer.

Cole said he believed the sewer project was needed in southern Summit County but would not vote for it if it included the $3,700 assessments.

The proposed $71 million Springfield 91 phase 2 would serve parts of Coventry, Green and Springfield townships. A $42,415,369 federal grant would pay for more than half of it.

About 2,700 people attended a public hearing last week and not one of them spoke in favor of the project.

Tom Pagel, vice president for John David Jones, said the firm’s proposal to cut costs on Springfield 91 involved:

-Deleting all portions of the project that the federal grant would not cover, either because the growth is not dense enough or other reasons.

Frost also said this measure was also being studied by his department, but he said it would spare only $8 million from the $71 million price tag.

-Putting lateral or connector sewers only into existing buildings and not into vacant land as originally proposed. Pagel said that cost of the laterals is borne through assessments and the federal grant would not cover the costs. This move would lower the assessments for people with large areas of vacant land.

-Reducing construction costs by 30 percent. Pagel said the sluggish economy has meant low bids on sewer work because contractors are willing to do a job for a lower price just to keep their employees working.

A combination of all three measures would make assessments for a single-family lot $2,250 and $1,761 for a vacant lot, Jones contends.

Thursday was the last day for residents to file written protests of the project or the proposed assessments, and several thousand were received. No action can be taken on the project for at least 10 days, according to Jane Bond, Morgan’s legal counsel.

(Ted Cole left the mass rally early with no concern for all the views of his constituency, but now he is concerned. Even though Morgan and Cole have similar goals they still look out for their own selfish ends.)

March 15, 1981, another article would appear, giving accounts of hardship. I personally knew some of these people. I know it affected their peace of mind as well as their health and well-being. A bad politician is worse than a murderer when you weigh the pain, misery, and suffering they inflict on the masses. The one affects the few, while the other affects the masses for an indefinite period of time.

The people of Summit County adopted a charter for greater representation. This council was definitely not in touch with its constituency.

Hardship, or price of progress?

Springfield 91 battle lines drawn

March 15, 1981 ABJ

By Jim Carney

Arnold and Freda Bias sank about $15,000 into their piece of ground in Springfield Township in the 1940s.

“Everybody said if you got any money, put it into land, it’s the safest thing you can put it into,” the 83-year-old Bias said.

So that’s what Arnold and Freda Bias did.

They raised four children on their 110-acre farm, and have since become great-grandparents.

They farmed the land, and Bias put in the remainder of his 53 years as an engineer on the Baltimore and Ohio Railroad.

They have long since paid off the mortgage.

But now the Biases, who are living on a railroad pension and Social Security benefits, are faced with a $120,000 assessment for the proposed second phase of the Springfield 91 sewer project.

“With some of the county officials now, “ Bias said. “ I think you’re buying a dead horse when you buy land anywhere around here anymore.”

Bias said he could have sold the property for $200,000 a year ago, but now would be lucky to get $100,000 with the assessment hanging over the land.

The fight over the sewer has drawn lines throughout the southern part of Summit County.

Green Township Trustee John Torok, who is developing his family farm and has been hit with a $170,000 assessment, said only about 10 percent of the people with whom he comes into contact favor the sewer.

Torok is one of the sewer opponents.

A Summit County official who asked that his name not be used said supporters of the project have “clammed up” because debate about the issue is so hot.

“Most people I know aren’t saying anything anymore, “ he said.

There are thousands of stories about those affected by the controversy. Here are a few:

Jess Tucker

Tucker, president of Jess Tucker, Inc. and Crawford Realty, residential and industrial land management companies, favors the sewer.

He owns 163 acres in Springfield Township between Massillon Road and Pickle Road, across from Playland Park.

Part of the tract 3was included in the first phase of the sewer. The assessment for the portion included in the second phase is $90,600, much smaller than the $252,000 for greater Ohio Realty Investment Corp., which owns property in Green Township.

“I’m in sympathy with the folks that are critical of it, the middle-aged people and up who are faced with the heavy assessments, “ Tucker said. “But heavens, this whole country was developed with progress and there’s quite a price to pay.”

Hazel Myers

Mrs. Myers is one of four widows on her street of seven homes in Springfield Township.

She receives $80 in unemployment compensation a week since losing her federally funded job at the Summit county Dog Pound last year.

I’ve been behind on my taxes before, but I’ll die before I pay this one, “ she said.

Her assessment is $3,700.

Mrs. Myers became a widow at 38 and raised three children. At 59, she is too young to receive Social Security.

“You better tell Morgan (Summit county Executive John Morgan) to hurry up with this county home, because there’s a helluva lot of us that will need it, “ she said.

Ray L. Clapsaddle

The 53-year-old resident is looking forward to the sewer.

Take a walk through some places in the township on a hot summer day, the Ohio Edison employee said, “and you can hardly stand the odor.”

Yet Clapsaddle, whose assessment is $3,700, said he objects to assessing open land at the same rate as developed property.

The McDonalds

Terry and Peggy McDonald, both 25, knew that the sewer was coming when they bought their new Green Township home 1 1\2 years ago.

Now, not only will they have to pay for the $6,000 septic system that they installed and officials say will have to be destroyed, but they also would have to pay a $3,700 sewer assessment.

“I think it (the sewer) is going to pass, “ said McDonald, a computer programmer at Babcock & Wilcox. “ It just doesn’t make sense to me. I am expecting the worst.”

With two incomes, McDonald said, the couple could afford the extra expense.

“I’ve got to think about all the people who are really getting soaked.”

Wayne Breitenstine

Breitenstine, a Summit County contractor and developer for 28 years, favored the first phase of the sewer.

But opposes the second phase.

The 43-year-old Breitenstine, who has built more than 400 houses in the county, said: “We’ve got enough sewer right now to handle all the growth we need for the next 10 years.

“The minute I heard they were trying to ramrod it through, I said I was against it.”

According to Breitenstine, the costs projected by the county for building the sewer are too high.

“This is strictly in the hands of the county and their selfish need for jobs, and that is all it is for, “ he said. “The county is really an uncontrollable monster, uncontrollable monsters that are going to eat us up.”

The Kings

Amy King has been in some fights in her life.

In 1939, she and many others won fight to stop Akron residents from dumping garbage at a Green township hog farm.

“The odor and the flies were something terrible. “ she said.

Mrs. King, 80, is now fighting the sewer by writing protest letters and attending meetings.

“We’re gonna have to turn our house over to the county and go on relief, “ she said.

Mrs. King’s 83-year-old husband, George, to whom she has been married 57 years, is bedridden. He worked until he was 75 to save money for the couple’s retirement.

“You pay Medicare, you pay Blue Shield and that takes quite a bit of your income and you have to take out your savings because your income isn’t enough to cover everything, “ Mrs. King said.

The Kings’ assessment is $7,400. Their only income is Social Security.

Earl Jobe

Jobe, 47, manager of the corporate data center at Goodyear, has been organizing his neighbors in Ritzman Estates, in the eastern part of Springfield Township, just north of Stark County.

Of 88 homes in the development, Jobe said, volunteers gathered signatures from 81 homeowners against the sewer.

“We don’t doubt that there might be some pollution problem in the southern part of the county, but we sure as hell don’t contribute to it, “ he said.

Jobe’s neighborhood is one of mostly 7-to-10-year-old homes priced around $85,000. His assessment is $3,700.

“This is another piece of government interferences I don’t need and I don’t need to pay for. “ Jobe said.

Ken Payne

Payne, 44, a Summit county builder for 20 years, favors the project.

“From a very selfish standpoint as a builder, it will be good for the community, “ Ken said.

It would be a shame to lose the $42 million federal grant for the project, he said.

“I can understand these people’s problems, “ he said. “Every time there’s a change, somebody gets hurt.”

Voice of the people

Springfield sewer is opposed

March 25, 1981 ABJ

It is wonderful that a committee has volunteered to fight the Springfield 91 sewer for over 8,000 residents. I am concerned that its tools of battle are bumper stickers, yard signs, radio ads, and pep rallies. Were we running a candidate, perhaps these things would be effective. But I question what goals you hope to achieve.

The lives and homes of many people depend on the committee because they have placed much trust and faith in it. I sincerely hope that the committee will present a plan of action at the rally scheduled Saturday.

A.L. Bradshaw

Springfield Township

I had publicly shown how the council had defied the law but no one helped me establish justice. I gave all concerned parties a copy of “Road to Freedom”.

The shouting is unjustified

April 2, 1981 ABJ

Elected officials have acted responsibly on the objections raised by many residents of southern Summit County to the $71 million second phase of the Springfield 91 sewer project.

Now those residents ought to turn down the rhetoric.

Nothing is to be gained from more outbursts like the one that marred a Summit County Council Meeting Monday night.

A Uniontown resident accused the council members of being “liars” and “corrupt” for not killing the sewer project.

Those charges simply are not supported by fact.

This sewer project was carried over from the old form of county government to the new charter government that began Jan. 1.

Many on the County Council have gotten only their first look at the plans in recent weeks. In response to objections raised by thousands of southern Summit County residents, at least five of the seven council members have said they will not approve the plans as originally proposed.

A number of options for scaling down the project – originally estimated to cost the owner of a single-family lot $3,700 – are under study by county officials. In addition, U.S. Rep. John F. Seiberling, D-Akron, and U.S. Sen. Howard Metzenbaum, D—Ohio, have asked the U.S. Environmental Protection Agency to take a second look at the project.

The EPA has approved $42 million grant to subsidize the project. The rest of the cost would be raised by assessing property owners. But at a public hearing in March, many of those property owners said they could not afford the assessments at the property levels. Others said they didn’t favor the project at all and asked that it be scraped.

The project consultant already has said a scaled-back version could be built at a savings of 30 percent. And the county sanitary engineering director, John Morgan, is examining other less expensive alternatives.

It would appear a portion of the project should go forward, to overcome potential health and pollution problems that are likely to occur without sewers. But it also seems that planners proposed more of a sewer system than is needed or than can be justified when benefits are weighed against costs.

Summit County officials now need to make a decision that can be defended better than the original recommendation. Southern Summit County residents were right to raise strong objections. Now they should watch and wait – not hurl insults and epithets – while their elected leaders prepare their response.

More reaction on planned sewer (I was not alone in my view.)

March 27, 1981 ABJ

I am a resident of southern Summit County, where it has been proposed to install the Springfield phase 2 sewer. One point that I feel your March 12 editorial did not consider is the concept of democratic procedure.

As I understand it, this project has been planned for a number of years. It has been planned in some office but, as far as I can tell, at no time were area people consulted. It would seem that, in a country in which democracy is embraced, a project of this scope should have involved the people concerned.

Would it have not been more democratic to have gone to residents and presented them the reasons why such a project is necessary, the cost of such an effort, and how it could be implemented?

It is true that such a plan might have not been accepted as drawn up, but perhaps the planners might have received enough input to see that revisions might be necessary. Perhaps, after due consideration, a final plan would have emerged that might prove acceptable.

I would guess that the residents of this community are intelligent enough to participate in cooperative planning. I am certain that if a need for a sewer does actually exist, they would be the first to see it. Now consider the way in which this whole affair has been handled. Out of the blue, letters are received notifying residents that:

-It has been determined that you shall have a sewer.

-It has been further determined that you shall pay X number of dollars for this sewer.

It is bad enough that the cost of this project is so excessive, based on the earning power of the average resident. It is worse when those who plan all of this do not see fit to consult my neighbors or myself well in advance of any finalized plans.

In a nation dedicated to democracy, it would seem that the concept should apply to the level in which we are.

DONALD GRIFFIN

Green Township

Lentini asks halt to Springfield 91

Summit councilman predicts support for killing sewer plan

April 7, 1981 ABJ

Springfield 91 opponents have gained some ground in their effort to get the Summit County Council and County Executive John Morgan to scrap plans for the controversial sanitary sewer project.

At Monday night’s council meeting, councilman Joe Lentini was applauded by sewer protesters when he announced that he had asked the county prosecutor’s office to draft a resolution killing the project.

“I’d like to point out to all of you that this takes time, “Lentini said, adding that research must be done to assure that the action is properly taken.

“I’m confident that my colleagues (on council) will support me and you in stopping the Springfield 91 project,” Lentini said.

County officials had been proceeding with plans to build the $71 million second phase of the project in southern Summit County until 2,700 residents protested at a public hearing a month ago.

Since then, five council members and Morgan have said they would not vote for the project as currently planned.

The county sanitary engineering department has been studying alternatives to the project and is to report on them by May 1.

The project had been planned to serve about 15,000 residents in Coventry, Green, and Springfield townships. The county obtained a $42 million federal grant to pay more than half the cost.

The rest of the project would be financed through property assessments, which are $3,700 for each single-family lot, plus connection costs and related fees.

About 30 southern county residents attended the Monday council meeting, many carrying anti-sewer signs saying, “We don’t want it.” One mans sign read: “We wont give up. We will revolt. Flush 91.”

Jerry Williams, one of the leaders of the Citizens for Representative Government, a group formed to oppose the sewer, told council members he had 2,261 more signatures on anti-sewer petitions, bringing the total to 10,248.

Romilos Fey, a Green Township plumber, told council members that the Springfield 91 project has become “ a powerkeg” under each of their chairs.

“There is great anger in the southern part of this county, and rightfully so, “ he said. “The people in that area feel that there is taxation without representation.”

Fey said there is talk of “tax revolt, impeachment and violence” because Springfield 91, which he called an “outrageous project.”

“Gentlemen, I am a veteran of two wars,” Fey said. “Please don’t out me in another war – this time in my own country,”

The meeting was interrupted by the arrest of a 33-year-old man who started arguing with council members about the sewer.

Edward Tom Kiss, of 3662 Edison St. N.W., Uniontown, was charged with disturbing a lawful public meeting, a misdemeanor that carries a maximum sentence of 30 days in jail and a $250 fine.

Kiss, a self-employed laborer, was taken to Summit County Jail and held under $25 bond. He was to be arraigned today before Akron Municipal Judge James Murphy.

At the request of an aide to Morgan, sheriff’s deputies were called to the council meeting at about 6 p.m. when Kiss stood in front of council members and called them “liars” and “corrupt, “ as he did at last weeks council meeting. (At both meetings I told them how they were breaking the law.)

At that time, members of the anti-sewer coalition said Kiss was not a member of their group and did not speak for them.

Council president Frank Gaffney recessed Monday’s meeting for five minutes while Kiss was taken to jail. When he reconvened the meeting, Gaffney read a statement saying Kiss had not stood to pledge allegiance to the flag, as the rest of the audience and council members had done, and had disrupted the meeting.

Gaffney also said he and council members recognized that Kiss was not representative of the anti-sewer group. Members of the audience applauded Gaffney’s statement.

April 12th the protest group would distance themselves from the principles I was presenting. Rather than act as I did, they would watch and wait and beg rather than defend the law.

Voice of the people

April 12, 1981 ABJ

I take exception to your April 2 editorial saying, “It would appear a portion of the project (Phase II of the Springfield 91 sewer project) should go forward, to overcome potential health and pollution problems that are likely to occur without sewers.”

I think that it is an uninformed view. I believe you have no more information from our Health Department on this matter than anyone else.

Why isn’t the Health Department’s position being made public? I think it goes without saying that their silence in the midst of this controversy strongly suggests that any evidence pointing to potential health problems is so weak it can’t possibly justify this project and can’t withstand the arguments its disclosure would elicit.

Your editorial also referred to the “shouting incident” in council chambers March 30. Your reporter was informed and you should understand that Dave Bussey was the only spokesman for the Citizens for Representative Government. Mr. Kiss does not represent CRG, and CRG in no sanctions his conduct.

Finally, your editorial suggested that it is time for the citizens to “watch and wait” while their elected leaders prepare a response. I firmly disagree.

We understand that the county executive and members of water are not designers of this project. However, they are responsible for deciding whether the project moves forward or stops.

While some members of council have expressed their intention to stop the project, the others who have been silent or are seeking to reduce the expense to an acceptable level worry us. Most government’s injustices are worked upon a citizenry that watches and waits.

EARL JOBE

Uniontown

Earl Jobe said don’t watch and wait but also don’t back the guy who’s not afraid to defend the rules. (Confusing) I didn’t come in front of Murphy as the paper reported, rather Jim Winters.

I believe it was the second meeting with “judge” Jim Winters, that councilman Gaffney, and Lentini would be present. A friend of mine would accompany me. He watched the proceedings.

While in front of Jim Winters, Winters refused to look me in the eye. I leaned down and looked to find eye contact with him. I asked him to look at me. Finally he said he was going to do me and himself a favor and take himself off the case. When he did this my friend said the smiles dropped off the two councilmen’s faces. I was a force to be reckoned with

I would go see Lynn Slaby who was Summit County prosecutor at that time. He ran on a platform of "no politics" involved in his job. He refused to prosecute those breaking the law. Today he is a judge.

Another article April 15th illustrates the fact that special interest initiated the project. Not the general public. John Morgan would confess, “We chased the federal buck”. Money over people is not what this government was conceived to be.

Sewer veto could jeopardize similar funds, county told

April 15, 1981 ABJ

Summit County officials may be able to scale down the controversial $71 million Springfield 91 sewer project, but if it is abandoned entirely, the county could lose future federal funding for sewer projects.

That was the word County Executive John Morgan and Pete Frost, director of sanitary engineering, received Tuesday from U.S. Environmental Protection Agency officials in Chicago.

Frost said “our discussion went very well” in that EPA officials indicated Summit County may be able to retain federal funding for a scaled-down version of the project.

The county had received approval of a $42 million federal grant to help pay for construction of the sewer system originally designed to serve 15,000 people in Springfield, Green, and Coventry townships.

Frost said that a “substantially smaller” project is now likely to be built. He said he would make a formal recommendation on the revamped project sometime next week.

Frost said the warning about future funding for the county came as no surprise to county officials.

He said federal funds for sewer projects were among cuts proposed by the Reagen administration.

Frost said the county had anticipated that the planned Barberton-Wolf Creek sewer project may not be built because of funding cuts.

“They (EPA officials) have indicated they are going to take a long, hard look at any project Summit County submits in the future,” he said, because of the controversy surrounding the Springfield 91 project.

County officials say there is a pollution problem in southern Summit County and the federal government has offered three-fourths of a solution for it.

But residents who oppose their plans say the government has no right to stick their nose into their septic tanks and tell them they have to say for an expensive sewer they do not need or want.

That is the crux of the problem posed by the second phase of the Springfield 91 sewer project.

County officials were proceeding with plans to build the $71 million sanitary sewer system until 2,700 residents came to a public hearing a week ago and screamed, threatened, cried and begged them to reconsider.

Some property owners charged that the sewer is nothing more than a pipe dream for sanitary engineers and consultants.

Five of the seven Summit County Council members now say they will not vote for the sewer unless the proposed $3,700 assessment for a single-family lot can be reduced.

Councilman Joe Lentini issued a press release the day after the hearing, saying the project is “a classic case of unwanted government intrusion into the lives of the people.”

And Pete Frost, director of sanitary engineering, said he has “strong reservations” about recommending to county executive John Morgan that the project proceed as planned, even though Frost believes that at least part of it must go ahead for health reasons.

Springfield 91 was conceived 10 years ago when 43 southern Summit County residents and developers petitioned the county to build a sanitary sewer system in southern townships.

Among the developers and real estate brokers who signed that petition were Delta Development Co., Ray Lance and Park Gougler, who owned property in the Killian Road industrial park area.

Other businessmen and firms pitched in $10,000 to help finance a county sewer feasibility study. They included Russ Pfister and Associates, Hospitality House Motor Inns, Canteen Food and Vending Service, ray Vance Realty Co. and property owners Russ Mussara, George E. Ayers and G.L. Lance.

Tests were made and water samples taken from the southern townships. High levels of pollution were found – up to 5,000 times the state maximum for bacteria count in some cases.

Bacteria standing in water is conducive to breeding mosquitoes, which carry a host of diseases including the St. Louis type of encephalitis, commonly called “sleeping sickness.” According to health officials.

Dr. Martha Nelson, Summit County health commissioner, said that there has been no big wave of encephalitis recently, but that eliminating disease-breeding conditions and fecal materials in ditches is important.

“Children play in it, animals walk in it and they come into the house,” she said.

In 1972, a federal law was passed requiring that all sewer planning be regional, not in spotty “quick-fix” fashion.

Like holding out a carrot on a stick, the federal government offered grants for 75 percent of the construction costs and some study costs if local governments planned regional sewers.

“We chased the federal buck,” Morgan said.

Frost said no decision will be made on the alternatives until the county knows what impact they could have on the $42 million federal grant to build phase 2.

While in Akron I was at the Ohio building, where council meets, riding the elevator when I struck up a conversation with one of the maintenance personnel. He told me how he overheard the officials talking about those federal funds. He said they got so caught up in the money issues they lost sight of everything else.

I would distribute a series of pamphlets outlining my stand, my charges on council and my arrest at the public meetings. People would look me in the eyes and say, “We agree with you, we’re behind you.” Courage always kept us separated.

April 17th Dave Bussey threatened that some might resort to violence. Why use violence when we had the law on our side?

Cheryl Woutat, a Cottage Grove protest leader, implied physical resistance by some.

Once again, why use violence when the law was on our side?

Pamphlet 1, “It’s Your Choice” was already presented, it had "The Road to Freedom" on its reverse side.

Here is pamphlet 2 & pamphlet3.

‘Civil war’ vowed if sewer is built

April 17, 1981 ABJ

The leader of the group that has been fighting the Springfield 91 sewer predicted that there might be a “civil war” in southern Summit County if any portion of the sewer is built.

David Bussey, chairman of the steering committee of Citizens for Representative Government, said he was not surprised by County Executive John Morgan’s announcement Thursday that he would recommend limiting the sewer project to the Cottage Grove and Country Club Village areas.

“If Morgan doesn’t back off this, he is going to have some really serious problems down here,” Bussey said. “They’re just not going to let them lay the pipe.”

Bussey said it would not surprise him if there was a “civil war” if any portion of the sewer is authorized.

“I’m certainly not encouraging violence, but you can’t make people behave the way you behave,” he said.

Bussey said sewer opponents would consider withholding Summit County real estate taxes and litigation as protest methods.

Most members of the Summit County Council said Thursday they might support Morgan’s proposal, but only if assessments to property owners would be considerably lower than those in the original plan.

Many council members also said they would go along with Morgan’s request to solicit bids for the project so exact construction costs – and revised assessments – would be known.

However, councilman Joe Lentini said he still plans to introduce a resolution to kill the project at the council’s May 4 meeting. Lentini said he gave his word to residents that he would do so and will not back down.

Lentini said he might support Morgan’s proposal if it involes a totally new sewer project, not just a different version of Springfield 91.

Morgan outlined a proposal Thursday to build only $18.8 million worth of the $71 million second phase of the Springfield 91 project.

“After meeting with U.S. Environmental Agency officials in Chicago and talking to his staff, he said, he determined that the need for the sewer is most serious in the Country Club Village and Cottage Grove areas.

“I don’t think the people are going to be happy with my decision, “ Morgan said. “I think the only way people will be happy is if we throw it out altogether, and I don’t think that’s responsible.”

Morgan said EPA officials told him $12 million of the original $42 million federal grant for the project could be used toward the new project.

If the scaled-down proposal is not approved, Morgan said, the county will have to build a new treatment plant at Country Club Village and do something about Cottage Grove. Both projects would have to be paid with local funds, he said.

Initial phase 2 plans called for the sewer to serve 15,000 residents in Coventry, Green, and Springfield townships. The new plan would serve less than one-fourth of those residents, Morgan said.

Morgan said his recommendation does not mean he considers the rest of the project unimportant. He said he wants to do “the most necessary portions” for health and safety reasons now, while recognizing the overall plan is heavily opposed by residents.

About 2,700 people attended a public hearing March 5 to protest Thursday, contending the assessments were too high and the sewer is not needed.

After hearing Morgan’s proposal Thursday, council president Frank Gaffney said he might support it if assessments are lower.

“We have an obligation to address the problem that some of the people just really, honestly can’t afford it,” Gaffney said.

Councilman Ted Cole also said assessments would have to be lower before he would vote for the project.

Councilman Joe Rogers said he thought the scaled-down project should go ahead because the two areas it would serve have serious pollution problems.

“They need help and I think we’ve just got to swallow the canary,” Rogers said.

Coventry Township trustee Thomas Seese said his feelings on Morgan’s proposal will depend upon the size of the assessments.

“If it gets down to $1,400 or $1,500, then they’re heading in the right direction,” Seese said.

The average assessment for a single-family house on a single lot for the original project was $3,700.

Cheryl Woutat, a Cottage Grove resident, said her neighbors “will not permit them to bring that sewer in here when the cost may cost us our homes.”

Mrs. Woutat, one of the most vocal opponents of the project, said the county “may have to drive their equipment over us” to build the sewer, She said the National Guard may have to be brought in because of the intensity of the outrage among residents.

“They’ve turned a deaf ear on us,” she said. “It’s gonna be little old gray-haired men and women, and me and my kids are gonna be out there….Then America will hear us from coast to coast.”

April 21th Dave Bussey says, “ We do appreciate your efforts. We know you are listening.” Begging to those that have never shown the public proper respect was ignorant.

Sewer foes promise pollution

April 21, 1981 ABJ

Although the signs carried bore unfriendly messages, the 150 Springfield 91 sewer opponents who attended the Summit County meeting Monday night had only kind words for county officials.

“We’re not here to harass you,” spokesman David Bussey told the council and County Executive John Morgan. “We do appreciate your efforts. We know you are listening to us.”

Bussey is chairmen of Citizens for representative Government, a group opposing the second phase of the sewer project. At previous meetings, he urged the council to kill the project.

But Monday, Bussey said the group would work with county officials to eliminate pollution problems crated by inadequate septic systems without building the controversial sewer.

“We do want to see the sewage problem solved in southern Summit County.” Bussey said. “We are not opposed to solving the sewage problems.”

But he said the group does oppose the way sewer projects are mapped out years in advance, according to regional “facilities plans.” He said not enough public participation is sought at that stage and “several years down the road, “ people are angry when they learn so much planning has been done for something they do not want.

Bussey and other leaders of the sewer opposition met with Morgan Monday afternoon to learn more about his recent proposal to build only a portion of the $71 million project.

Morgan has recommended that only the Cottage Grove and Country Club Village portions of the sewer be built to correct the most serious pollution problems, He said a federal grant would pay $12 million of the $18.8 million cost and assessments to homeowners would be significantly lower than the $3,700 current estimate for a single lot.

Bussey said sewer opponents still want council to pass the resolution councilman Joe Lentini has said he will introduce at the next meeting to kill the sewer project.

That meeting will be at 5:30 p.m. May 4 in the auditorium of the Morely Health Center in Akron. At 6:30 p.m., the council will hold the first of two hearing on whether to enact a half-percent piggyback sales tax or seek other means of raising income, such as through property tax levies.

April 24th John Morgan again tries to promote a scaled down version of his plan. At the end of this article it would state that Uniontown was eliminated from the project. That does not mean my right to defend the weak and defenseless was eliminated.

Morgan says new sewer plan trims assessments one-third

April 24, 1981 ABJ

Under the revised project, the Uniontown area in Stark County would not be served by Springfield 91 unless Stark agrees to build a trunk sewer to connect with the Summit project.

The twenty-ninth of April has Bussey and group begging and threatening. This was their only tools of resistance. Dave says maybe they’ll go after repealing the charter. I don’t have a problem with the charter, rather the way it is executed.

Sewer foes mount new campaign

April 29, 1981 ABJ

Opponents of phase 2 of the Springfield 91 sewer will start another mail campaign to urge Summit County Council to kill the project at its meeting next Monday.

About 1,000 Summit County residents crowded the Green Junior High School gymnasium Tuesday night to discuss ways to stop the sewer.

David Bussey, who heads Citizens for representative Government, said residents should send all council members “polite, positive, handwritten letters” saying they should immediately adopt a resolution that councilman Joe Lentini says he will sponsor to end the project.

Bussey also asked opponents to attend the council meeting at 5:30 p.m. Monday at the Morely Health Center auditorium.

“They either overrule us or they serve us and we’ll find out which May 4,” Bussey said. “We have no intention of stopping short of stopping this sewer project.”

County Executive John Morgan said the council cannot act on the sewer Monday night because it is legally required to give 10 days’ written notice to anyone who file an official sewer protest that action will be taken at a certain meeting.”

“I think council is deliberating long and hard on this,” Morgan said.

Morgan has suggested building only $18.8 million of the original $71 million project. The new project would serve only the Cottage Grove area in Coventry Township and the Country Club Village in Green Township and would reduce homeowner assessments from an average of about $3,700 to about $2,600.

Bussey said Tuesday that pollution problems did not develop overnight and blamed the health department for letting inadequate septic systems proliferate through negligence.

“The health department and environmental engineers have created the problem and I don’t see why we have to bail them out,” Bussey said. “They should solve it somehow without the use of our money.”

Bussey charged that a county official knowledgeable about sewers and another official who works for the Northeast Ohio Four County Regional Planning and Development Organization (NEFCO) disputed the need for the sewer and challenged pollution tests that were made.

He said the NEFCO official, whom he declined to identify, said the $3,700 average assessment was based on what sewers were costing across the country and not estimated local construction costs, as county officials contend.

“That is totally false,” said Pete Frost, county director of sanitary engineering and environmental services.

“I have personally given Mr. Bussey a breakdown of the costs and how each cost component was arrived at,” Frost said. “All the experts tell me there is a (pollution) problem.”

Some residents disputed the cost more than the need for the sewer.

“I can’t pay for it,” said one area woman. “If that’s progress. We’ll be progressed right out of our homes.”

Bussey drew applause when he hinted that if the council pursues the project, other action might be taken, such as withholding property taxes and starting a drive to repeal the county charter.

(In this article John Morgan deliberated long and hard to delay losing a chance at federal funds. Each week council passed anything they wanted by declaring an emergency. I have a pile of their paperwork to collaborate this truth.

On May 5 there would be more idle threats from Dave Bussey. Nothing more than like a barking dog with no bite. Dave said they insult the people’s intelligence, yet he knew I was right and resisted, so he insults his own intelligence by being afraid of the truth.

Morgan, Gaffney recall threatened over sewers

May 5, 1981 ABJ

County Executive John Morgan and County Council President Frank Gaffney were threatened with a recall Monday night as the debate over the Springfield 91 sewer project continued.

About 300 opponents of the sewer proposed for southern Summit County attended the council’s meeting, angered that county officials have not killed the second phase of the project.

David Bussey told the council, “The war is on.”

Bussey said his group believes the county’s charter bestowed additional powers and rights upon the county and it’s residents, such as the right to recall officials. He said the citizens’ group is ready to start drives to recall Morgan and Gaffney and to repeal the charter if the project is not halted.

“The county executive has repeatedly insulted our intelligence,” Bussey said, charging that Morgan ignored the thousands of residents petitioning for an end to the sewer plans. “You have slapped us in the face once too many times.”

Morgan has recommended building an $18.8 million, scaled down version of the $71 million project, using about $12 million in federal funds. The smaller project would serve only the Cottage Grove area of Coventry Township and the Country Club Village area in Green Township.

Morgan said after the meeting that he realized his decision would bring the ire of the residents, but he made it “for the good of the people” and did not base it on “an emotional appeal.”

“There are still outhouses in the Cottage Grove area,” Morgan said. “I have concerns about people living in that environment.”

Cheryl Woutat, who represents some Cottage Grove residents, said statements by Gaffney last week indicated he wants the sewer to go in to benefit developers.

“The people do not want any portion of this project in any form,” she said.

Councilman Joe Lentini got a standing ovation for introducing a resolution to end the project.

The resolution was given the first of three required readings and Gaffney assigned it to the Rules and Planning-Public Works committees.

“I’m quite content to have it go to committees,” Lentini said.

It is not known how long the proposal will be debated in the committees.

Robert Gippin, on May 8^th would defend the sensitivity of John Morgan towards the constituency. Gippen would become next year’s county council president.

Gippin is County Council chief

Jan 5, 1982 ABJ

It was a clean sweep for the Democrats Monday as Robert Giffin was elected president of the Summit County Council and Arthur Swanson was chosen vice president.

The five Democratic councilmen voted for Gippin and Swanson. The two Republicans – 1981 president Frank Gaffney and John Rogers – backed themselves for the top jobs, but lost.

Gippin was vice president of the council in 1981.

“We have felt that despite the fact that Mr. Gaffney has done an excellent job, since the Democrats hold five seats, the leadership should be with the Democrats,” said Gaffney, 33, a Harvard Law School graduate.

Council members, including the president and vice president, are paid $7,000 a year.

Gippin said he hopes the council has as good a year this year as it had under Gaffney “who set a fine course.”

The election of two Democrats to the top offices may be a sign of Democratic Party unity in a year when three council seats will be up for election – Those held by Rogers and Democrats Ted Cole and Joseph Lentini.

Cole, once mentioned as a candidate for council president and considered a possible candidate for county auditor, voted for Gippin for president.

Gaffney, first council president under the county’s charter form of government, said 1981 was a “very meaningful year” and he was happy to be a part if the first year of charter government.

More idle threats from Bussey and group.

Tim Davis, who is county executive today, was around and part of that corruption. Years later his administration has been plagued with scandal.

Akron and Summit County have a recorded history of infectious abuse of power. In the year 2000 that disease is still alive.

Legislative delay angers sewer foes

May 8. 1981 ABJ

Opponents of the Springfield 91 sewer angrily left a Summit County Council committee meeting Thursday after a resolution that would have ended the project was tabled indefinitely.

Don Templeton, a spokesman for sewer opponents, charged that several council members invited them earlier this week to speak at the meeting, but never gave them the chance.

Templeton said council members feared that the opponents’ information would “blow out of the water” county arguments for the sewer in southern Summit.

But council members said later that opponents were free to speak at any time; all they had to do was stand up and ask to speak.

“They’re trying to create an issue,” councilman Robert Gippin said.

“My last conversation with those people was Monday night and I invited them to speak with me, “ he said, explaining that he expected to sit down with them and talk at some length.

“I never heard from them,” Gippen said.

David Bussey, chairman of Citizens for Representation Government, said Gippen and others would “hear it all” at next Monday’s council meeting.

The latest clash between sewer opponents and county officials came during a meeting of council’s Planning and Public Work’s Committee, which was considering a resolution by councilman Joseph Lentini to scrap the project.

Lentini said 10,000 residents have signed petitions against the sewer. :”I think we have to listen to them.”

He said county officials cannot take the “paternalistic approach of telling residents they need the sewer and it will be good for them.”

Lentini said everyone accepted the judgment of voters when they passed the charter and elected council members. He said the council should now accept the judgment of residents when they say they do not want the sewer.

Councilman Ted Cole asked Peter Frost, director of sanitary engineering, to explain why County Executive John Morgan recommended building a $12,8 million “scaled-down” version of the sewer to serve the Cottage Grove area of Coventry and Green townships and the Country Club Village area of Green Township.

Frost described other improvements which would be needed if the sewer were to be built.

He also discussed proposals that he and Morgan developed to make the cost of the sewer easier to bear for those with large farms or numerous small parcels of land and those on fixed incomes or unemployed.

“I really don’t think anyone could come to any other conclusion,” Frost said of the recommendation.

Gippin said Lentini’s resolution was improper because the executive was being “extremely responsive” to the residents’ concerns and he should have a chance to make his recommendation before council takes the matter out of his hands.

Cole, Gippin and councilman John Rogers voted to table the resolution. Lentini voted against tabling.

The resolution was scheduled for debate at 2p.m. Friday before council’s Rules Committee, which is chaired by Gippin.

Politics is policy making. Whether in the home, work or our agencies of Government this is the art of setting the standards we live by.

The men on county council set a path of self-indulgence. They use words with no truth to back their assumptions. How could they have been proud and happy how they live? If a persons word is no good, they are not being good.

New judge attempts to view case numbers as people who receive mercy as well as justice

A day in municipal court

Dec.8, 1980 ABJ

Murphy comes to the court from a successful law practice. The judgeship pays $37,500 a year. Murphy has taken a pay cut.

“I guess every lawyer sooner or later wants to be a judge,” the 48-year-old father of five said. “I know it sounds funny, but I think I can make a contribution. I think I can help the system work better. I have the experience and I think I’m qualified.”

Murphy was a practicing attorney for 18 years. He is a bald, heavy-set man whose speech is marked with a hearty good humor. He talks more like the guy on the next bar stool than like a judge.

But neither the good humor nor the easy patter can mask a certain air of competence, a mood that says “ I’ve been there.”

Talk to Murphy and you feel that he could make it through some pretty choppy waters and not capsize.

And that’s where he is. In the middle of some pretty choppy waters.

The workload for municipal judges often is staggering, and that does not make Murphy happy. He is critical of the system and critical of lawyers and judges who clog the system.

“I have a vision of a judicial system,” he says, “a fair system where everybody has a chance for a fair hearing and a chance to have it quickly.”

The numbers bother Murphy. They bother him because he is an organized man and organized people are bothered when things are not tidy.

But they bother the rookie judge for another reason. “You want to do a good job. You want to do the best you can for the ones who come before you. And that’s tough with these figures,” Murphy said, pointing to the caseload.

When Murphy puts on his black robe, walks from his chambers to his courtroom and sits on the bench, the numbers disappear. Each number is a person, each person is in some kind of crisis.

Municipal court is where the people are. There are no fancy lawsuits, no long, drawn-out media carnivals.

Municipal court is where the debris left from the hurricane of human passions is sorted.

One of those judges is a rookie with an Irish laugh and a rollicking humor and a habit of pausing when the humanity seeps through the legalities.

A rookie judge who had this to say: “I hope I don’t lose my enthusiasm. I realize I can change. I want to try and do what is best for each human being.”

“Back To Court”

After Jim Winters removed himself from my case, newly elected “judge” Jim Murphy would be next to circumvent my position.

He would prejudice himself by refusing to review my defense.

He treated me in a contemptible manner. I refused to credit his position since he wouldn’t respect mine. He chose to order me to jail rather than face the facts. He technically gave me a life sentence for a fourth degree misdemeanor. I told him I felt all judges are corrupt from top to bottom. Almost twenty years later from my experience, I believe this is true.

The following was my response to him.

To my fellow freedom lovers,

May 19, 1981, I informed the court, represented by James Murphy, that I could not proceed with my trial since he refused to observe or review the brief of my position.

Justice is a balance of facts. To observe one position and not another is unjust. Jim Murphy refused to do this. He stated on court transcript in public view that the first order of business is the selection of a jury (voirdire examination). He is wrong in this assumption. The first order of business is the selection of a fair, impartial mediator (judge) to oversee the proceedings.

The court charges that the defendant is guilty of direct contempt of court and ordered me, the defendant, to proceed against my right to a fair, impartial trial guaranteed by the Constitution of these United States.

The absurdity of the court is even more intense for they have given me a life sentence in the Akron Correctional Facility because I have informed them that I would not give into their unjust behavior and if necessary I would fast to my death. (Civil disobedience). With this in mind, they willfully have sentenced me without bond or bail in these facilities until I purge myself of truth, honor and integrity.

To add insult to injury, they irresponsibly served these papers with no authoritative signature.

I am technically a political prisoner in a land that detests such practice. I have requested such status at the Correctional Facility with no avail.

Rally my friends. The infringements on my rights are the infringements on your rights. Other wise, resign yourselves to slavery.

Tom Kiss

May 19, 1981

Day one of my fast.

May 20, 1981

IN THE MUNICIPAL OF AKRON

SUMMIT COUNTY, OHIO

STATE OF OHIO ) CASE NO. 81 CRB 2763

Plaintiff ) JUDGE MURPHY

EDWARD T. KISS )JUDGEMENT ORDER

Defendant

In accordance with the provisions of the Ohio Revised Code, co-wit: Section 2945.37, the Court has raised the issue of the defendant’s competence to stand trial. Accordingly, this Court is referring this defendant for examination by the Summit County Psycho-Diagnostic Clinic, according to law.

IT IS OREDER, ADJUDGED and DECREED that the Summit County Court of Common Pleas, Psycho-Diagnostic Clinic, forthwith examine the defendant’s competency under that appropriate section and make a report in writing to this court.

James E. Murphy

Judge

Cc: Mr. Thomas Grace, Assistant City Prosecutor.

Mr. Edward T. Kiss, Defendant

Only a few spoke up for me. One was the mother-in-law of Debra Baum, who I represented in the defense in Challenge 3. This was her view of my position. She was a common housewife but she could see truth. This is how her defense read:

This is Mr. R.E. Baum—There is great injustice being done in our courts right under our noses. It all started with Edward (Tom Kiss) trying to help the aged and poor fight Project 91.. The government is pushing onto the people something we don’t need or want. The ones picked to be our leaders, did not choose us to represent, but the government with their money and false promises. Edward (Tom) Kiss is in jail now for life or until he admits of his (wrong-doing) contempt of court. The contempt is what the people have for the court that is trying to quit his fight for the people.

We MUST rally for this young man that is fighting for us and exposing the graft and lies that the politicians are putting on us. He is now into day 2 of his fast. Don’t let him die for us, let us help him live for us and make a better life for our children and grandchildren.

How dare they say this man Edward Kiss needs psychiatric testing, just because he won’t take part in the corrupt system that won’t let him defend himself against the courts that want to put him in prison, just because he is trying to protect the little people that has no education in corruption and bribery. We must not let Tom Kiss down at a time like this when the judge is ordering all kinds of testing of this very intelligent man who knows his constitutional rights better than the men that are supposedly handling his case. They have run over his constitutional rights in many cases. This young man is not a criminal; just an every day citizen like you and me. He’s just tired of seeing the system treat us like the gastapo treated some other human beings and the Russians telling their citizens what they can and cannot do. I thought this was a free country where a man could justify his deeds without being imprisoned for life, just for defending the little people and himself.

Debra Baum, who typed my first challenges, to the court system was the same Debra Baum that I defended her and her families rights for their proprietorship over their dog in Challenge 3.

This would be her effort to help me defend myself. This was an act of pure love from friends. Her briefing reads as follows:

BRIEFING

Tom Kiss was arrested on or about April 22, 1981, for disrupting a public meeting. Tom had tried on several occasions to speak at these meetings (Project 91) and was never permitted to do so. He HAD to disrupt this meeting to be heard. He was held on $1000 bond (illegal—maximum is $250). The trial for this arrest was held on May 19, 1981. (Judge) James E. Murphy had all council members, etc. in his chambers for a briefing prior to the trial. Tom Kiss requested Jim Murphy to read papers Tom had written. The judge refused to do so , ORDERED Tom to speak to the jury and even admitted he could not give Tom a fair judge for his trial. Tom stated the trial could not continue without a fair and impartial judge. Jim Murphy had Tom arrested and taken to the workhouse. He has received a life sentence for being contemptuous in court (illegal—maximum is $250). Tom Kiss is fasting to his death, only because the corrupt courts cannot provide him with a fair judge. Tom is being held a political prisoner against his will. Now since the courts can find no other means of silencing Tom Kiss, they are going to try to prove him insane. Tuesday they will be transferring him from the workhouse to another location for his psychiatric care. This man is only trying for fair justice for all of us. He is not doing this for himself. We MUST rally; we CANNOT let the courts and Jim Murphy kill this innocent man.

I would not fold to fear so now it would be my perceptions they challenged.

May 26, 1981

EDWARD T. KISS JUDGEMENT ORDER

Defendant

It has come to the Court’s attention that the defendant may not be competent to stand trial at the present time, the Court on it’s own motion has ordered an examination of this defendant. On the 26^th day of May, 1981, with a report being duly filed with the Court from Psycho-Diagnostic Clinic of Summit County, Ohio, Daniel B. Reinhold, Psychologist-Administrator, the Court has ordered a hearing on said competency.

Based upon the evidence adduced at the hearing, the defendant being present and represented by counsel as heretofore ordered, the Court finds that the defendant is not competent to stand trial at the present time. Further, the Court finds that there is probability that the defendant will become competent to stand trial within one year, if a course of treatment is provided. Therefore, this Court requires the defendant to undergo treatment according to Ohio Revised Code Section 2945.39 and hereby imposes a term of treatment at the Fallsview Mental Health Center of Summit County, Ohio, for ten (10) days, that period being one-third (1\3) of the maximum sentence that night be imposed for conviction of the crime of which he is charged.

James E. Murphy

Judge

Cc: Mr. Thomas Gasce, Assistant City Prosecutor

Ms. Patti M. Schachter, Attorney for Defendant

Fallview Mental Health Center

Sheriff, Summit County, Ohio (for transport)

May 22, 1981

Today I talked to the main man at the Akron Correctional Facility. He wanted to know about my treatment and attitude. I gave him a complete explanation. When I told him I was trying to make a better world for his children and possibly his grandchildren, he cringed and went to wipe away a tear. He knows where I am coming from. He said they would be transferring me out possibly Tuesday. I am affecting them. I LOVE ALL OF YOU.

Tom

(It was a holiday weekend and yet I would be transferred on Saturday. They did not miss my mind at this institution.)

P.S. Don’t worry, it will all work out. They took papers from me I presented to the courts. They might take me to Falls View and try feeding me intravenously. This is only speculation on my part. The sooner people protest, the better!!! I’m in a 5 x 8 foot cell with another guy. I know how Pup felt.

(attached is a copy of the courts order for Tom to receive psycho diagnostic care. Tom received this the same day.)

May 24, 1981

I heard it said that criminal of the state, Jim Murphy, is going to order forced intravenous feeding. The only thing I am after is fair communication. Are they afraid to face the truth?

My religious belief is the body is the temple of my soul. To inflict surgery or needles is against my basic First Amendment rights.

You might argue that in not eating, I am killing myself. Wrong. I see no need to dwell in this hellful world if justice is not established. If my life can serve to purify this corrupt, insane world, then let it be.

My brother, Jesus (he believed in equality) knew His time to draw the line on corruption had come and was willing to give his life for love of humanity. I only wish to equal his love, for he said, “ These things I do, you too can do and greater things.” I hope the time for greater things is now!!!!

The state tried to stifle his efforts, but God, the overseer of infinity, would not allow it. It is against my natural will to induce feeding.

Can these idiots try further to violate my rights? No one will force needles into my temple. No one will violate my rights without facing the wrath of justice.

Proceed with your arrogant game. The more you attack a just position, the deeper you bury yourselves in your own corruption. It is your choice, carry on as you will.

Tom Kiss

Who’s sane? I am!! Yea, though I walk through the lands of lies and deception, I fear no evil, for the energies of infinity are with me.

YOUR CHANCE TO RALLY FOR TOM KISS AND YOUR OWN BASIC CIVIL RIGHTS IS WEDNESDAY, JUNE 3. A caravan of cars will be leaving Walt’s Quick Print on Massillon Road at 5:15 p.m. to gather at Falls View Medical Center to show our support.

Monday, June 1, 1981—Day 14 of Tom’s fast.

I would be transferred back to Summit County Jail after a five-day stay at Fallsview. Horrible, the way people were treated. These experiences only added to my knowledge of the depth of horror and corruption within our institutions.

On June 3, twelve to fourteen of my personal friends protested around the then Summit County Jail. Rick Grayshock, my original arresting officer, suggested they call TV3 News and offered change for the calls. In the hearts and minds of all of us lies the truth. June fourth I was out of jail since the truth will set us free.

In an article June 9^th, the last paragraph mentioned my fast. The public defender, who I never wanted or asked for, would do more to denounce my efforts publicly. Was this because I told her that she was just one of their whores and I didn’t want her in my business (this was in private)? I believe so. Just my speculation. She never represented my interest.

The article said Jim Murphy found Kiss incompetent to stand trial. He could question my competency but he is not qualified to evaluate my competency.

Springfield sewer H-bomb

June 9. 1981 ABJ

It’s been three months since Summit County officials unveiled the costs of phase two of the Springfield 91 sewer, dropping a political H-bomb on southern Summit County.

About 2,700 people overflowed a March 5 public hearing to return the fire. The fallout since that public hearing has stunned even those county officials who expected the project to be controversial.

The County Council chambers have been the scene of countless hours of shouting, begging, crying and threatening from sewer opponents who have vowed to do whatever it takes to stop the sewer.

Some residents in Green, Coventry, and Springfield townships are flying their flags upside-down Civil War-style to symbolize the union in trouble and the threat to the south.

Even the Vice President’s office got involved in the battle, sending Council President Frank Gaffney a letter telling him to listen to what the sewer opponents are saying.

Springfield 91 has provoked on outpouring of emotion. It helped neighbors meet neighbors and caused some folks to get involved with county government for the first time in their lives.

The highlights of the sewer battle are widely known. But some of the sidelights are not. The sewer has produced some colorful stories.

-About 1,000 people gathered at Green Junior High School on April 28 to regroup forces and discuss the next steps to oppose the sewer.

But some of their arguments lost their vigor when heavy rains fell and toilets in the first floor restrooms began to back up, sending soggy chunks of toilet paper floating from underneath the stalls.

-Former Summit County sanitary engineer Jack Garner, now the sanitary engineer of Cuyahoga County, returned to Summit County to attend a recent Council committee meeting and talk about why he planned the controversial sewer.

People expected Garner to talk about health hazards. But he really stunned some of his former colleagues when he suggested God had something to do with the sewer.

“Most of us believe in a God, “ Garner said. And most of us believe we should follow the Ten Commandments, he said.

Garner said he also believes we will all have to answer to God for what we do on this earth to God’s creatures: the fish that swim in the streams and people and animals who drink the water.

Garner then said we need the sewer to maintain our natural resources.

- Only in America would a man chain himself to a toilet mounted on a platform and wheel into a Council meeting to protest the sewer.

Roger Gray, a 37-year-old Green Township carpenter, said he and his children would be chained to the sewer just as he was chained to the toilet for the rest of their days on earth.

Gray didn’t think Council was getting the message from all the talk, so he decided to try visual aides.

-Springfield Township ventriloquist Lena Hall also thought visual aides would help Council remember her opposition to the sewer.

She brought along a dummy and told council, “You can see who’s pulling his strings.” Adding that she hoped no one was manipulating council to get them to vote for the project.

-A member of the county’s janitorial staff was involuntarily pulled into the sewer argument one night during a council meeting when she was cleaning the women’s restroom on the eighth floor of the county’s Ohio Building.

The woman said one of the sewer opponents became angry with her when she refused to put a fresh bar of soap in the restroom.

“They steal the soap,” she complained. “Every week, someone steals the soap.”

-Last but not least, the sewer project gave the county its very own hunger striker.

Edward Tom Kiss of Uniontown, who was arrested April 6 and charged with disrupting the county council meeting, claimed to have gone on a hunger strike after Akron Municipal Judge James Murphy found him in contempt of court and sent him to the Akron Workhouse.

Murphy also found Kiss not competent to stand trial on the disruption charge and ordered psychological tests for him.

Kiss’s court-appointed attorney, Patty Schachter, said although her client claims to have been on a hunger strike for weeks, he appears quite healthy and well-fed.

The following was served on the people and council. This paper demonstrated my efforts dealt with the issues that created the circumstance behind our dictatorial role.

There was a complaint at a council meeting because I did not stand and pledge the flag with hypocrites.

THE TRUE AMERICAN – TOM KISS

On pledging of the flag.

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA

Pledge- guarantee of word

Allegiance- devoted loyalty or service to one’s country

Flag- symbolic of our value structure

AND TO THE REPUBLIC FOR WHICH IT STANDS

Republic- a state in which the sovereign power is held by citizens having the right to vote and is exercised by representatives elected by and responsible to such citizens

For which it stands- the above reason for this government

ONE NATION UNDER GOD

We are a God fearing nation; tolerant of other beliefs, for we can overcome the ignorance of such beliefs with our God given reason. We can pray to our God at home, school or anywhere in society. We only tolerate ignorance, we do not give in to it.

INDIVISIBLE

Not separated into parts (unified).

WITH LIBERTY AND JUSTICE FOR ALL

Until I obtain my rights and those of the defenseless, I will not stand with you hypocrites.

11. On rallying of the people

I have been confused on how I can represent the law and the best interest of the people and still have those people hide from responsible action. What I have over looked is in other times, outside powers influenced conditions. This time, as in the time of my friend, Jesus, we call the internal, self- evaluation of individual standards.

Our natural drive is to belong to the mass. When the standards of the mass are out of sink with the best interest of our individual well-being, it is difficult for us to break from the pack and stand in the righteousness of divine order, even if we see our world crumple around us. I represent change and this, out of ignorance, scares people. Our world is in constant change. Realistically, we must move with that change or live in the stagnation of the hell we have created. Unfortunately, many are unrealistic about this material world we live in since they are unable to see past the end of their noses. They try to create a world of permanence and stagnation.

Life and death are harmonious. When our body dies, it is no longer the temple of our soul, but it still lives to rot, fertilize and rejuvenate the cycle of life. When a fire burns, it ebbs and flows. This function is a process of life and death.

I realize I started in this world as an innocent child. My grandmother, who was also my friend in honesty; near her death, admitted to me she was still that child creature. She had often played a hard attitude in her lifetime because of the offensive world she lived in. We start out as children, we end up as children. Who are we fooling with all the games in between?

My friend, Jesus, was hung on the cross because the people were not ready to face their internal corruption. ( The soul or best essence of man was sacrificed rather than changing to better creatures.)

My friend, Mr. Gandhi, who died in 1948, was an inspiration to my efforts as I have struggled for freedom. When people all around me have said, “ Tom, you’ll never change this world, no one person can affect it”, I , by chance, bought a book about Mr. Gandhi and found his trials and tribulations were harmonious with mine. A comforter (God had directed me to this reading).

Gandhi’s antidote to dictatorial practice was: a big, brave, spirit-over-matter individual who could resist invasions of his freedom because he put principles about possessions. This prescription would defeat Communism and cure democracy.

Gandhi was able to rally his people against the tyrannical rule of the British empire and through the practice of passive resistance or civil disobedience he led all of India to a democratic government, non-violently.

Thomas Paine also experienced the frustration of and rejection of higher ideals. He tried continually to expand the concept of world order and world peace, but the world was not ripe and so his efforts were limited in his lifetime.

III. On offering of the life.

When I consider all the pain, misery, and suffering in this world, it is easy to lay my life down for freedom. My friend, Jesus, knew his demise was imminent, yet he accepted his responsibility so that scriptures or the law of prophecy was fulfilled. Give me liberty or give me death.

I am sure all of you who have resisted the principles I have been presenting, for whatever reason, and should be or are ashamed of yourselves for you would not stand for justice, but you continue to conspire to pollute and kill the future generations for selfish reasons.

You who have stood and declared yourselves leaders of the sewer protest have done so not for justice sake, but for self glory. Shame on you. Shame for you kill the children.

When I am exulted by others, it embarrasses me because I am but another struggling soul. The principles I present are what are significant. If Tom Kiss doesn’t live within those principles, he is doomed to ignorance like the rest of you.

I had, in an earlier writing, mentioned that I had worked on other civil rights matters. In 1979, I presented the following argument to the 1973 abortion law. Leroy Contie, (corruptor of humanity) arrogantly and ignorantly rejected my arguments to the corruption of that law. This has caused the death of many unborn Americans and now all of you who, out of fear and selfish motivation, have conspired to join him in backing this position are ignorance and act likewise. There had been a copy of my constitutional challenge to Roe v Wade to demonstrate that this action went much deeper than just a sewer project.

IV. On communicating the facts.

Freedom of speech is the first protection of our democratic principles. In 1978, I wrote a letter to the Akron Beacon Journal on the abortion issue. It was misplaced, misrepresented, covered up within the courts. In 1980, a law was challenged in the courts. A Beacon reporter took this story and then betrayed our trust. I have written 60 minutes, 20-20, the Plain Dealer, Canton Repository. I’ve called radio stations, T.V. and none have allowed me the advantage of presenting legitimate arguments.

Now Marilyn Marchione lies about my position. What a hell we live. You kill the children, you idiots.

Prophecy and incarceration(the running of their course). Jim Murphy couldn’t’ deal with my reason in our court. He had me incarcerated in the Akron workhouse until I purged myself of my position of a clear, just vision. Life for a fourth degree misdemeanor? I lasted less than six days. ( He never signed the paper work—illegally, illegally held.)

I was transported to Summit County Jail for a day and a half.

From there, I was ordered to Fallsview for ten days. I lasted five days. (I possess the power of words.)

I was threatened with the taking of my blood. I was supposedly there to be evaluated. The first night I thanked God for allowing me this incarceration for it enlightened me to the abuses of the mind laid on one human being by another. At Fallsview they over medicated everyone. Instead of bringing people to deal with reality, they zombified them with drugs. It was like a horror film. Droves of people rising and shuffling forward to receive their medication. They were so drugged they lost track of their rooms. They were sexually loose and often times taken advantage of by the staff.

The staff psychologist painted everyone the way they wanted to see them. This environment did not assist the weakened minds, only made them worse.

The workhouse was an environment of brutality and intimidation by insecure guards but this was horror of the brutality of the mind. I hope I see changes in these institutions because Fallsview is only typical and sometimes less severe than other institutions across the land which is supposed to be the land of the free.

These criminals were to evaluate my mental attitude. I told them that I was also evaluating them. (They are incompetent.)

Summit County Jail was the least severe but still corrupt. I was never given paperwork for this institution.

In all, I lasted sixteen and one-half days in all institutions they imprisoned me in. If you will recall I let judges and you know I would not be wanted. Prophecy? I would say yes.

VI. Back to point A.

The following paper is Jim Murphy’s passing the buck. I called and told him., through a surrogate, I’m done playing their game. Many have tried to tell me how to run this course. I have listened to my inner voice. )Precedence is this action.)

I am the teacher. I am the turtle. I am the leader. This action transcends your simple, selfish sewer project. I forgive all. Now let’s resolve these problems.

Your Friend,

Tom Kiss

June 11, 1981

REPLY TO SUBPENA DUCES TECUM (MENTAL ILLNESS)

If the paper I was presented was typed for a grade, it would receive low marks.

This paper was totally incoherent, illegally written and served.

To date, all my constitutional rights are being denied.

a. If , by chance, the court again is denying me my right to defend myself, they are thereby denying me my Vth Amendment rights—nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property, without due process of law.

b. Evidence illustrates previous constitutional denials.

1. Basic content of Amendment I—Congress shall make no law prohibiting free exercise of religion; abridge freedom of speech. (My religion is the belief in being a free spirit or free individual. The press has refused to be free in communicating an open unbiased account of the facts. Television has only reported a limited view of this circumstance. I am a political prisoner in our own land.)

2. Amendment VI—In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial. (Every trick the courts could think of, they have used to try to conspire to deny my rights.)

3. Amendment VII—No fact tried by a jury shall be otherwise re-examined in any court of the United States, then according to the rules of common law. (The law which puts us in common with each other is the law of consideration. So far, no consideration has been shown my viewpoint.)

4. Amendment VIII—Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. (I had excessive fines and punishment for trying to establish justice.)

5. Amendment IX—The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. (The courts and co-conspirators have worked the rules to deny me a fair, public and speedy trial along with all other natural rights.)

6. Amendment XIV—All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the states wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property within it’s jurisdiction the equal protection of the laws.

Revised Code 2317.13

A subpoena shall be directed to a person, named to testify as a witness. It also may direct the person it names to bring with him any book, writing, or the other thing under his control, which he may be compelled to produce as evidence.

2307.13 (7)

Under subpoena duces Tecum, a person subpoenaed is required to bring him only such books and files under his control as are particularly described and constitute evidence pertinent to an issue in the case, a wholly void: Sharp vs. Kimmel 30 OLA 336. (Under the code of Ohio this paper is incompetently written. Under the law, if I can’t defend myself with facts, I would only tend to incriminate myself.)

Alleged to be mentally ill? (To allege is to assert to be true, without proving. Accusation.)

If this court, which is sworn to justice, was looking for fact, they would have considered all the evidence filed with case 81 CRB 02763 and realized their obligation to aid me in serving justice.

A court of law deals in fact and law. The fact is Jim Murphy and others conspired to deny me my life, liberty and challenge my right to property because my time is occupied by these matters. They have had me illegally detained on various occasions. Their witnesses have perjured themselves on court transcript.

M Gunter, a court-appointed psychiatrist, was the only negative vote to my competency. (Competence means fitness of abilities.) He perjured himself by first saying he worked with my case for a period of time, for we only met on one occasion, not but a few days before, not but an hour or so.

The two witnesses from Fallsview admitted my competence. They complained I talked too much. It’s the job of those in the psychiatric field to get people to communicate their inner feelings and to evaluate them. For them to complain because someone does, is incompetent action. (The people from Fallsview had a greater length of time to view me than Mr. Gunter. Yet, they found me competent.)

Complaint was also made as to me having a multipersonality. I share a multiplicity of views that is advantageous to understanding and human compassion. (It is idiotic for professionals to complain about such positive attributes.)

M. Gunter said I had a hostile attitude towards the court. I, on court transcript, in front of witnesses, corrected him to complain to these false assumptions.

A person who is hostile, has lost control of their anger. I get angry at the idiocy I have been dealing with. I control my anger. (If two of the three witnesses finds me competent, how could Jim Murphy act competently to find me incompetent?)

Under 2945.37 (hearing on competence to stand trial) If the issue is raised after trial has begun, the court shall hold a hearing on the issue for only good cause. Because I believe judges are corrupt from top to bottom from the facts I have at hand, the court said this was good cause to evaluate my competency. We were into selecting a fair judge trial had begun.

Before the issue to my competency was ever raised, the court dictated counsel for my defense. Patti M. Schachter, in front of witnesses, admitted she served papers in my behalf before she ever met me without my approval. This was incompetent behavior and immediately made me loose her trust. Besides, I contend, and have always contended, I can defend myself with facts.

Patti persisted to prostitute herself for the sake of the corruption of the courts. I continually warned her to stay out of this case and how she was digging herself in deeper. How could she defend my competency when she resisted my right to defend my position by obstructing justice?

Facts were never faced; good cause for the courts’ position is not present.

A municipal court in order to place someone in for observation, such an order may be made by a municipal court only upon the request of a certified forensic center examiner.

Section (b) The examiner shall file a written report with the court within thirty days after entry of an order for examination. The court shall provide copies of the report to the prosecutor and defense counsel.

Since I represent myself and since this was before my entry into Fallsview, I was entitled to a copy, which I was never shown by Patti Schachter the so-called attorney. The court had dictated to me. Patti also tried to discredit my fast. She had seen me on the seventeenth day of my fast, yet she said I looked well fed?

If I never saw the so-called facts of the findings of Daniel B. Reinhold, who examined me at the Akron Correctional Facility, and who after the interview shook my hand and wished me good luck, which I reminded him of the day of the hearing; how can I defend my position? While he testified, he could not look me in the eye. He lied.

May 26, 1981, the court paper said—based upon the evidence adduced at the hearing, the defendant being present and represented by counsel as heretofore

Ordered. (Dictation of counsel, I did not request or trust.)

Further, the court found I was not competent to stand trial at the present time. This was before I was ordered to Fallsview for evaluation. The court prejudged me of lack of competence, which is incompetent behavior. The court, upon the testimony, judged me and ordered me for treatment, yet at Fallsview they said I was there for evaluation.

The examiner, according to 2945.371 section (d), not the judge, and for good cause, must state the reason to evaluate the defendant’s mental health. This was never done.

The officer serving this document was from Stark County where I live. He was unaware of any of the facts involved.

1. According to Old English Law, which our laws evolved out of, a sheriff is the closest elected officer to the people.

2. The first bill of rights for our evolution of law was written on June 25, 1215, at Runneymade, England, and is still the law in this nation. We amend laws for their positive attributes for forming a more perfect union.

In that document, we find a stipulation regarding the office of sheriff to be as follows: “No justice, constable, sheriff, or bailiff is to be appointed but such as knows the law and is willing to observe it.”

Witness my hand? Bill Spicers’ signature is not on the latest paper. This makes this paper legally null and void. If you buy a home or car, you’re required to place your responsible word in the way of your signature on the forms. This is responsible, competent action.
Mary Ann Kaucler has signed the subpoena duces tecum form where it says deputy. She is a secretary.
Bill Spicer should have dismissed himself from this case for being prejudicial to this matter since we have had earlier conflicts while he was a municipal court official and I have proof of his incompetence.
Because of all the above reasons, I did not attend the June 22, 1981, mockery. After completing this form June 24, 1981, I called Bill’s clerk to find they have dismissed my case.

This is my hope.

This is my image.

Come join me and we will someday

Dwell in the house of our lord forever.

Tom Kiss

June 24. 1981

My brother would be building a home two doors down from where John Morgan lived. As I helped my brother on his home I learned more about Johns home life. He had adopted a son by the name of Eric (about eight years old at the time). Eric came over when we were working. He was a very insecure boy, who I could tell needed love and attention.

He waved to me from the school bus and immediately would come to visit my brother and myself because we gave him attention.

The neighbors across the street told me John neglected the boy. I am not God and I am not judging John, but the awareness I came to understand was that John was not a sensitive man at home and if you don’t rule your home compassionately, how can you rule others? Example is the best leadership. I found it is the situation that warps or inspires the human spirit. We as a people need to change our insensitive disposition to one another. We are all children who have allowed ourselves to become monsters of the earth when we refuse to let our conscience rule our hearts. Without compassion and forgiveness we are doomed.

Charter’s pioneer year is a “success”

Jan. 1, 1982 ABJ

Summit County Executive John R. Morgan wasn’t elected to be a fireman, but he says that’s how much he spent much of his first year on the job – fighting fires in county government.

“Next year we go on the offensive.” He said.

For Morgan, Ohio’s first county executive in the state’s first charter county, 1981 was a year of defending the fort.

“We defended our position on the sewer, defended our position on a number of issues, “ Morgan said.

Next year Morgan said, he wants to “be able to do some things that are needed in Summit County the we haven’t been able to do because we’ve been putting out fires this year.”

Morgan said county government was opened up by the charter, which was adopted by Summit voters in November 1979.

“It has worked from the standpoint of dissemination of information,” Morgan said, “ Public information has really became public.”

John Morgan carried on as usual because we the people had no courage in 1981. In another ABJ article in 1983 Dave Bussey and group were still begging for an end to the moratorium on the sewer project. Federal funding evaporated under new administration and the project disappeared of its own accord.

Sewer foes want burial of project

Feb. 8, 1983 ABJ

Viewing the corpse of the second phase of the Springfield 91 sewer project failed to satisfy about 100 southern Summit County residents Monday.

They wanted to see it buried, too.

Residents of Coventry, Green, and Springfield townships turned the public speaking portion of the Summit County Council meeting into a wake to celebrate news that the county has lost a $47.7 million federal grant to build the project.

County officials declared the project dead after learning that the U.s. environmental Protection Agency had turned down the county’s final appeal to extend the grant.

But residents urged the council to sign the final death certificate by lifting its three-year moratorium on the sewer project. Only then would they consider themselves winners in the fight against the sewer, the residents said.

“Taking into consideration that the funds for this project have been irrevocably lost, we urge you to wipe your slate clean, lift the last shadow and end the moratorium,” said Cheryl Woutat, an opposition leader from Coventry.

The council declared the moratorium in mid-1981, after hundreds of residents protested the project at hearings. The council also received petitions signed by 10,000 residents.

County Executive John Morgan’s legal counsel, Jane Bond, has said the project would be there to deal with at the end of the moratorium in mid-1984. No council members indicated Monday whether they plan to lift the moratorium.

David Bussey, former president of Citizens for Representative Government, which opposed the sewer, said that if the moratorium is not officially lifted, “ I have a feeling the sewer project will reappear.”

Bob Burgner of Green Township said, “ The moratorium has put a burden on the people of worry and stress. Most of you said this is a dead issue. Then lift the moratorium and relieve the people of their burden.”

The county health department has been trying to eliminate the worst septic system problems in areas that would have been served by the sewer.

A home sewer maintenance project was designed to find and fix faulty systems.

Health officials were able to handle 1,750 complaints about sewage discharges from septic systems, according to Boyd Marsh, the department’s director of environmental health.

About half of those systems had some problems, such as a need for more pipe, and 20 percent had more serious problems, he said.

Repairs averaged $2,000 to $3,000, he said.

“Many people have had them corrected,” Marsh said. “ Only a few are fighting it in court after we had to take legal action to force them to comply.”

Jim Murphy is a liar proven by historic record . He didn't want to face the facts I presented in 1981 so he found me incompetent to to stand trial. Twenty years later he has a mother overdose her young child and he finds her competent to stand trial.

Mother pleads guilty to endangering child

June 21, 2000 ABJ

The Akron mother accused of giving her 7-year-old daughter a near-lethal dose of medication in an effort to calm her pleaded guilty yesterday to reduced charges.

Cathy Whyel, 30, of Darrow Road, faces a maximum of 13 years in prison when she is sentenced June 30 by Summit County Common Pleas Judge James Murphy.

She pleaded guilty to child endangering and corrupting another with drugs.

In exchange for her plea, prosecutors dismissed charges of attempted murder and felonious assault.

Her husband, Ronald Whyel, 44, also is charged with attempted murder and child endangering. His trial is scheduled for Monday before Murphy.

Prosecutors contend Ronald Whyel was aware of the dosage his wife was giving the girl yet did nothing to prevent it.

The Whyel’s were arrested in February on allegations they gave their daughter a cocktail of more than 30 painkillers and anti-seizure medications, including Dilaudid, Tegretol, Inderal and Imitrex.

Akron police said Cathy Whyel told them she gave her daughter the medication to try to calm her down.

Instead, the dosage put the girl in a weeklong coma. She has since recovered.

No treatment was sought for the girl until the Whyels’ neighbors, who saw the girl comatose, urged the couple to call 911.

The drugs had been prescribed to Cathy Whyel, police said. The girl and a 2-year-old sister, who police say was malnourished, are in custody of Summit County Children Services Board.

At one point, Cathy Whyel attempted to plead not guilty by reason of insanity. However, a psychological examination showed she was competent to stand trial and that she was sane at the time of the alleged offense.

Jim Murphy is running for a judgeship on his record. People see a sign and a name but they don't get to experience the character behind the words. Jim is just the tip of the iceberg. And much more of the iceberg is soon to be exposed!