County, natural gas firm locked in dispute
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STEUBENVILLE -- A dispute over a road use maintenance agreement between the Jefferson County Engineer's Office and Ascent Resources came before the Jefferson County Commissioners Thursday morning -- and was not resolved.
The commissioners heard from representatives from both parties through a Zoom teleconference that lasted roughly 30 minutes and at times got testy, ending abruptly due to an Internet connection issue.
Ascent is working at two sites in Wells Township located off of township Road 156 that share a driveway.
Ascent has an amended RUMA agreement for one of the locations, signed in June, but needs a second that follows the same route. They are requesting it be the same as the first.
Ascent said they had changed their plan once to widen county Road 17 at the request of the engineer's office, something the engineer's office later would say is a requirement for all such jobs in the county.
The current dispute is over an "S curve" on county Road 17, which Ascent alleges the engineer asked to be repaired late in the process and is holding up the second agreement. They argued it is too late in the process to add the change into their project budget.
The engineer's office's position is Ascent's trucks going around the turn in its current condition would create a safety hazard due to the trucks not being able to stay in one lane and a lack of visibility to oncoming traffic, concerns the engineer's office said had been raised with Ascent's engineer dating back to 2019.
Ascent alleged county engineer Jim Branagan has known the turn was an issue since 1998, a claim Branagan disputed.
"That's not what was said," Branagan said of a pre-construction meeting cited for the 1998 question. "I spent a lot of time fixing that road (in 1997 or 98) ... It wasn't that we were going to do something after that, we fixed it."
He said there is "a lot of misinformation out there."
He also stated the amended RUMA has additional road improvements prior to starting in exchange for some of the requirements of the original being waived. He said it states Ascent has to get approval for plans before doing anything to get those benefits.
He believes Ascent is in violation of that RUMA but said it may require a legal opinion.
"What we're saying right now is, if this goes that direction, we're not going to do another amendment with this company, we don't trust them, we'll make them go with our regular RUMAs," Branagan said.
Another angle of the dispute is what exactly the amended RUMA agreement, signed by the commissioners, grants the company the ability to do. Clay Merrin of the engineer's office said the agreement is a "first step" and the office still has to approve any final plans. Ascent believed it was that approval.
It was noted by both parties that communication has been an issue.
Branagan noted he helped write one of the first RUMA agreements in the state and put a lot of work into making sure they protect the county's interests.
The meeting stayed contentious until an Internet problem abruptly ended the meeting, and the commissioners decided to forward the matter to the prosecutor's office for an opinion on what has been signed and what approvals have been given.
"I believe they all need to work on some alternate solution," Commissioner Dave Maple said. "There's got to be some alternate solution that's acceptable and safe.
"For me personally, when I'm signing a RUMA or voting on a RUMA, I always thought I was giving permission for someone to use that road. I've heard (Thursday) that's not necessarily true, it's conditional on some things being completed. I think we need a legal review of this and encourage these guys to find a way to work it out."
"I hear a lot on both sides." Commissioner Tom Gentile said "The only thing that I will say, Ascent all the way through has not been unreasonable to deal with in many situations.
"It almost sounded to me like the goalpost got moved a little bit. I think we need to get to the bottom and try an assist (a solution)."
Commissioner Thomas Graham said he backs Branagan but agrees with hearing the prosecutor's opinion.
"I'm in support of our engineer's office 100 percent on this matter unless the prosecutor tells me different," he said. "I have full confidence in our engineer and his department in these matters, however, having said that, sometimes mistakes are made so I'll wait and hear from the prosecutor."
After hearing concerns about high speed Internet access in the rural parts of the county on multiple occasions, Maple shared some encouraging news on the topic. The Federal Communications Commission has bid out $170 million to give access to 401,000 Ohioans, including 2,374 residences or businesses in Jefferson County
"This, to me, I see as a first step from a federal level," Maple said. "We want to thank (U.S. Rep. Bill Johnson) and the rest of the federal folks for taking this on."
Another topic of discussion was board appointments, which prompted Graham to state on the floor that the commissioners are seeking applicants for the Jefferson Metropolitan Housing Authority board to replace Commissioner-Elect Tony Morelli.
"If there are any interested citizens out there on being on the Jefferson Metropolitan Housing Authority Board, submit your letter of interest to the Jefferson County Commissioners office," he said.
One of many items discussed with Water and Sewer District Director Michael Eroshevich was the takeover of the Richmond water system, which he said is going smoothly.
"We really appreciate Richmond's cooperation," Maple said.
Graham called the takeover a "win-win" for the county and village.
Eroshevich also noted the department has received compliments on the new Smithfield water tower, which he said is close to being operational.
Gentile, who leaves office at the end of the month, commended him for his work.
"It's great to see so many projects that serve our customers and the citizens of the county," he said. "A lot are coming to a close and new ones getting ready to start. I know you're going to continue to update the system, I appreciate the good work."
The commissioners approved a request from the city of Steubenville for $10,000 in recreation funds for improvements at the Belleview ball fields.
During the C.A.R.E.S. Act portion of the meeting, one item approved was a request for different camera equipment for the Jefferson County Drug Task Force. The equipment will give the task force options to view things remotely for added safety during the pandemic.
The commissioners will not meet next week as Thursday is Christmas Eve.