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Ordinance to delay sale fails

St. C. rejects independent study, sale vote at next meeting

About two dozen people crowded St. Clairsville’s city council chambers Monday night to hear from the attorney who negotiated a proposed contract for the sale the city’s water and wastewater systems to Aqua Ohio. The third reading of the contract is set for the Nov. 4 meeting.
St. Clairsville Law Director Richard Myser, right, introduces Kimberly Bojko, the attorney who negotiated a contract for the sale of St. Clairsville’s water and wastewater systems to Aqua Ohio. She answered questions Monday about the contract. Mayor Terry Pugh, is pictured left.

ST. CLAIRSVILLE — City Council voted down a motion to delay the proposed sale of water and wastewater systems to a private entity, and council will have a new member by its next meeting.

Council held the third reading of an ordinance calling for an independent study to look into options to repair the system, seek funding and retain local control. The ordinance, which would have delayed action on a proposed agreement with Aqua Ohio, was defeated by a vote of 4-3.

Councilwoman Beth Oprisch, who had championed this proposal, voted in favor along with Councilmen Mike Smith and Perry Basile. Council members Mark Bukmir, Linda Jordan, Jim Velas and Frank Sabatino voted against.

Council then held the second of three readings of the contracts between the city and Aqua Ohio, a private, state-regulated entity, for the proposed purchase of St. Clairsville’s water and wastewater systems. The final reading and vote on whether to accept the contract will be held Nov. 4.

Law Director Richard Myser then proposed an executive session to consider filling the vacant president of council seat. Tim Porter stepped down from the post earlier this month, citing health reasons.

This was after the release of an audio recording of Porter using profanity and a racial slur in reference to mayoral candidate Bill Brooks. There are about two years remaining on Porter’s term.

Oprisch objected, saying an executive session was not needed and nominating Velas to the seat. The vote giving the presidency to Velas, who abstained, was unanimous.

He will begin his term as president of council during the November meeting.

However, this means council has 30 days to fill Velas’ vacant 4th Ward council seat. Oprisch made a motion for council to take letters of interest until 4:30 p.m. Oct. 28. Council voted unanimously in favor. Any resident of the 4th Ward may submit their information at the municipal building, 100 N. Market St.

The 4th Ward is the northwest portion of St. Clairsville, encompassed by Main Street and North Sugar Street.

After the meeting, council members could not comment on whether the council seat might be filled before the Nov. 4 vote on water privatization or if a special meeting might be called next week.

“I think we’ll know more next Monday,” Oprisch said during the meeting. “At least let us know how many people potentially we’re looking at.”

Much of the meeting was taken up with a question-and-answer session with Kim Bojko of Carpenter Lipps & Leland LLP, who negotiated the contract with Aqua Ohio on behalf of the city. Each council member was given 10 minutes to pose questions. Residents had been asked to submit questions to their council members.

In answer to Jordan’s questions, Bojko said Aqua Ohio would have liability for any incident involving the water system after the closing is complete. She also related her prior experience in dealing with Aqua Ohio and its compliance with the Public Utilities Commission of Ohio. In answer to Smith’s questions, Bojko said the city will have a buy-back option for 15 years. She said the city could buy back the system at cost, but possibly with an additional fee for value added. Other council members asked about Aqua Ohio’s behavior with the Public Utilities Commission of Ohio seeking rate increases and the company’s requirements in making upgrades to systems. Bojko was also asked about Aqua Ohio being the sole bidder and said there were almost no other such private entities in the area. Questions also explored what the company’s obligations to the Ohio Environmental Protection Agency would be, as well as obligations to water quality should Aqua Ohio also sell water to fracking companies.

Kathy Wood said the talk with Bojko answered many questions, but that this transparency came late.

“It’s really the 11th hour, though, maybe the 11th and an half hour to have that type of conversation, and I think that’s what’s got us very, very bothered at this point,” she said. “This type of transparency would have offset an awful lot of our concerns and our suspicions. … None of us are listened to. That hurts. We’re citizens here, too.”

Wood said she suspects ulterior motives among city leaders. She also asked Jordan to recuse herself from the vote Nov. 4 because Aqua Ohio sponsored last year’s Ohio Valley Lip Sync Challenge fundraiser for A Special Wish Foundation. Jordan has family involved with the charitable organization. Afterward, Jordan said Aqua Ohio gave a small donation to A Special Wish.

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