Published Wednesday, July 10, 2002
SHARPSVILLE
its power
of eminent domain
Herald Staff Writer
Members of Sharpsville council said Tuesday their decision to condemn a property at 32 Walnut St. to make way for a public parking lot and a covered bus stop did not come easy.
Council voted 5 to 1 to condemn the property, owned by Richard Foltz of Sharon, and take it through eminent domain. Councilman Robert Piccirrilli was on vacation. Eminent domain is the process through which a municipality can obtain land for public use.
"I know this was not an easy thing to do tonight," said Councilman Guy Moderelli. "It was taken very seriously, because it's a very serious issue. But if this community is going to grow, we need to help the business community."
Councilman Alex Kovach, who cast the lone "no" vote, said, "I do not want it to be a parking lot. We have a parking lot here. I don't think the borough should be attempting to do it," Kovach said.
The borough plans to build the 24-space lot with financial help from Dr. Matthew Joseph, who recently bought the former Walnut Street Lodge next to Foltz's property. Joseph had approached council for help in developing parking near the lodge.
Joseph plans to move his chiropractic practice into the building and has had inquiries from several businesses -- such as a hair salon, a day-care center and a women's spa -- interested in leasing space.
Work on the parking lot would not start for another two or three months, giving Foltz's tenant time to find a new home, said Borough Manager Mike Wilson. He said Foltz's tenant contacted him and he gave her the names of other landlords in the area.
Council President Jack Cardwell said one reason for building the lot is the lack of parking in that area, where many businesses have come and gone the last few years. Council members hope building the public parking lot will attract more businesses to the borough.
"We're a small community and we've got to learn to help the business people out," said council Vice President Gary "Gus" Grandy.
A 1998 attempt to develop parking behind the lodge failed. The same year, when council considered selling part of the borough parking lot, 100 residents signed a petition to keep it intact.
Mercer County Regional Planning Commission has done a preliminary study, which will determine what areas of the borough need parking the most. A final study will be complete in three to four months.
Although Joseph plans to contribute money toward building the parking lot, which would cost about $30,000, anyone would be able to park there and the borough would own it.
Plans are also in the works to build a shelter at the front of the lot for people waiting for a Mercer County Transit bus. The shelter is part of a transit program through Mercer County Regional Council of Governments. Other tentative locations in the borough include the 13th Street playground, the canal lock near the Shenango Dam and the former Seventh Street Elementary School.
If COG's grant application for the transit program is approved, Sharpsville would receive $30,000 for each shelter.
Council will build the parking lot regardless of COG's decision on the bus stop shelter, Cardwell said.
Resident Bill Gargano questioned condemning Foltz's property to turn it into a parking lot and echoed Kovach's comments. "I don't think the borough has any business being in the parking business," Gargano said.
Theresa Harkless-Woods, who owns the property next to Foltz's, said she would rather see a business go there instead of a parking lot.
Gargano also said he council should have offered Foltz more than $35,000 and that Joseph should have a purchase agreement with Foltz if he wants the land for a parking lot.
Joseph said he repeatedly contacted Foltz and made him an offer. He said Foltz agreed to sell but changed his mind.
Foltz was at the meeting but chose not to speak. He stated earlier he did not want to speak on the record.
At one point, Gargano offered to serve as arbiter between Joseph and Foltz. The three left the room, but when they returned, Gargano said Foltz was not interested in selling the property to Joseph.
Council had also made repeated attempts -- through letters and phone calls -- to contact Foltz about selling the property but got no response, said borough Solicitor Joseph Joseph, Matthew Joseph's brother. Wilson said council sent Foltz two letters, one with an offer, and notified him of meeting dates.
The last resort was to obtain the property through eminent domain, Wilson and Cardwell said.
"Eminent domain is not something these people take lightly," Joseph Joseph said.
Joseph Joseph said he would still like Foltz to work things out with council.
"We want to hear his reasons (for not selling). Silence has become his worst enemy," he said. "They will reason with him. If it's the money, it's an easily resolved issue."
Joseph also wants Foltz's attorney, if he has one, to come forward before the issue ends up in court.
"If we don't know what's wrong, we can't fix it," he said.