Attorney presents property vacation petition to Mingo Junction Council | News, Sports, Jobs
AWARENESS — Diane Pernick, secretary of the Mingo Junction Senior Center, showed off a sign advertising for the center’s breast cancer awareness fundraiser on Oct. 19 from 1-5 p.m. — Christopher Dacanay
MINGO JUNCTION — An attorney informed the Mingo Junction Village Council of a petition to vacate the village’s unused and unmaintained Elizabeth Street and turn the property over to adjoining property owners Tuesday night.
John Mascio told council that all adjoining property owners had signed a petition, asking council to vacate the street, which connects along South Commercial Street, and an alley that runs behind it. Mascio said that the vacation, which would not affect any current water lines or utility easements, would split by law the street’s area in half, with an equal part being distributed to property owners on each side of the street.
“The streets aren’t being used,” Mascio said. “It just gives them a little extra ground to do whatever they want to do with their properties. … (They can) use it in conjunction with what they already own.”
Councilman Adam Peeler expressed hesitancy, saying that there are potential benefits for the village if it holds onto the property, which is in an industrial zone. He said the street could be used as a passage if the village sees development in the future.
Mascio countered by saying the street’s layout hinders future development, with current property owners occupying all the space around the street, meaning future developments would have to have the current owners’ consent to enter regardless.
This petition comes following a 2014 Jefferson County Common Pleas Court case over the vacation of Elizabeth and Susanna streets — G&M Smith Family Ltd. Partnership v. Village of Mingo Junction. G&M, which was represented by Mascio and comprised of an individual and his wife, owned all of the property up against the streets it was trying to vacate.
That case originally ruled in favor of the village, which opposed the vacation. The case was appealed, and the original decision that the streets were not abandoned by law was reversed, citing the fact that the streets had not seen use for 21 years. The appeal, however, affirmed the denial of G&M’s petition to vacate the streets.
Peeler continued, questioning what the property owners want the street for. Mascio responded he does not know what the individual owners intend to do with the property. He said there is no reason for the village to hold onto the property, as the owners would be “relieving the village of a burden and an obligation by statute” through the vacation.
Mascio added that the owners could have filed a petition for the village to clean up and maintain the street instead, so that they might have access to the rear of their own properties. He presented council with information on the street and alley, including a map, and a copy of the signed petition.
In other business:
• Village Administrator Bob Smith said in his update that the Mingo Junction Water Department hired an additional operator, a packer truck’s adjustments are complete, the Argo building’s asbestos survey is complete and the village’s veterans banners need work to fix their supports.
• Also, Smith said the Mingo Junction Pool is undergoing major renovations, including looking into rebuilding a circulating pump. The pool is in need of major concrete work as well, Smith said, and it needs to be done as soon as possible.
• Following a comment from Mayor Ed Fithen about cars parking in Aracoma Park late at night, council discussed locking the park during the night using an existing gate and possible new gates.
• Council approved a Mingo Junction Public Records Policy. Village Solicitor Craig Allen said the policy is not mandated by law, but it would ensure clear communication and understanding when an individual asks the village for certain documents.
• The Water and Sewer Board scheduled a special meeting for Friday at 3 p.m. in the council chambers.
• Police Chief Willie McKenzie said in his update that the department has assisted the Jefferson County Drug Task Force with a drug bust at 411 Lincoln Avenue on Thursday, as well as two previous busts on Commercial Street.
• Council gave McKenzie permission to purchase four new body cameras, and a charging dock, to replace current cameras he said were not functioning properly.
• McKenzie invited Jeep owners to participate in the department’s Jeep Invasion Trunk-or-Treat on Oct. 19 from 5 p.m. to 7 p.m.
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