He instead blamed the Ohio Department of Transportation for the bridge debacle, and the agency’s failure to issue promised permits to Barack to build a ramp for the bridge into downtown Bellaire.
Barack was among those present as the U.S. Coast Guard and U.S. Department of Homeland Security hosted a public hearing regarding the dilapidated bridge Wednesday at the Bellaire Public Library.
But Barack refrained from comment, instead allowing his attorney, Frank Bodor of Warren, Ohio, to speak for him.
According to Bodor, Barack was fined $589,200 by the Coast Guard on April 14, 2004, for his failure to demolish the Bellaire Bridge. Barack appealed the decision, and a commandant found the Coast Guard’s calculation of the fine to be incorrect and determined the penalty to instead be $300,000.
The Coast Guard has since recognized that Barack and his company, Ohio Midland Inc., did not receive a fair hearing and that it now must revisit the matter, Bodor added.
Roger K. Wiebusch, bridge administrator for the U.S. Coast Guard, said the goal of the public hearing was to help the Coast Guard decide whether the bridge still could be used for transportation or if it poses a threat to navigation in the Ohio River.
He said the Coast Guard could decide as early as April to order Barack to tear down the bridge. If officials make that ruling — and if Barack still does not comply — he would again be fined, according to Wiebusch.
“If the ruling goes the same way, we will follow the same pattern,” he added.
Among those speaking at the public hearing was Dan Frizzi Sr., who said he instead had a question about Barack’s purchase of the Bellaire Bridge from the Interstate Bridge Co. in March 1991.
“I’ve heard you paid $1 for the bridge, then received $700,000 to tear it down,” Frizzi said to Barack. “Is that what happened?”
“Not exactly,” Barack responded.
In his comments, Bodor said the Interstate Bridge Co. did promise to pay Barack “up to $700,000, less any amounts, up to and including the sum of $50,000 necessary to release a bridge demolition contract Dec. 18, 1990, between the Interstate Bridge Co. and Valley Demolition Inc.”
ODOT, he continued, had plans to build a new Ohio 7 and take out the existing approach ramp to the Bellaire Bridge.
Barack next entered into an agreement with ODOT to continue to operate the toll bridge until May 1991. This was because ODOT officials in a letter to Barack told him they would recommend he or any future owners receive a permit for the building of a necessary approach ramp on the Bellaire side.
The permit was never granted.
In total, 16 people offered comment during the public hearing that lasted about 75 minutes.
The bridge once connected Bellaire and Benwood, and it is under the jurisdiction of West Virginia. Despite this, no West Virginia state officials were present for the hearing.
Benwood police Chief Frank Longwell expressed regret that the hearing didn’t take place on the West Virginia end of the bridge and told of the safety issues in Benwood that have been caused by the bridge.
He questioned how commercial barges would be able to navigate the river if the bridge were to fall and block river traffic and whether industrial businesses downstream could survive without coal and fuel deliveries.
Other elected officials spoke of the bridge, urging that the Coast Guard to be expeditious in its decision regarding whether to save or demolish the structure. Among them were Ohio Rep. John Domenick, D-Smithfield; Ohio Sen. Jason Wilson, D-Columbiana; Belmont County Commissioner Gordie Longshaw; Bellaire Mayor Vince DiFabrizio; Benwood Mayor Ed Kuca; and Bellaire Councilman Barry Zalesny.
Article Photos
Photo by Joselyn King
Attorney Frank Bodor, left, and Bellaire Bridge owner Roger Barack attend a public hearing regarding the status of the bridge Wednesday at the Bellaire Public Library.