HUBBARD Developer, city disagree over Timber Point upkeep

It's the city's fault or the developer's fault, depending on whom you talk to.
By TIM YOVICH
VINDICATOR TRUMBULL STAFF
HUBBARD -- The city's engineering firm has suggested that a sign be posted at Timber Point warning people the streets in the housing development haven't been dedicated.
MS Consultants Inc. of Youngstown has notified the city that its service departments don't have access rights to the development and aren't responsible for maintaining its streets and utilities.
Developer James Carsone Jr., who owns Mark IV Builders of Hubbard with his father, James Sr., said the city has been providing police and fire protection, along with snow removal.
"Everybody's passing the buck, unfortunately," Carsone said, adding it's the responsibility of the city to accept the streets.
Carsone said the city has not specifically told him what is needed for the city to accept responsibility for the streets and utilities.
Streets affected
The streets in question are Timber Point Boulevard and Oakcrest, Mapleridge and Redwood drives. The development is at Hubbard-Bedford and Pothour-Wheeler roads in the city's southeast corner.
Carsone said the city has been issuing building permits and collecting utility tap-in fees and has allowed his company to build houses since 1994.
He said it's "unfortunate" the issue is being raised after years of construction.
"This has got me upset," said Councilman Richard Keenan, D-4th, who received a copy of the June 3 letter from MS Consultants to city Law Director Gary Gilmartin, asking Gilmartin how to remedy the situation.
Danger of liability
Keenan said he believes the city is exposing itself to a lawsuit should a city worker be injured while working at Timber Point.
In his letter to Gilmartin, MS's John Pierko pointed out that three of four development phases have been completed but the streets haven't been dedicated to the city and filed with the county recorder's office.
Asked if the city should be providing services at Timber Point, Gilmartin responded, "We never should have. We shouldn't be."
Pierko said it's not "legal and proper" for the city to provide services on undedicated streets.
Gilmartin said he turned the MS letter over to the city administration.
Pierko noted in the letter he has gotten "minimal cooperation" from Carsone, despite a request in December 2002 that Carsone address the lack of roadway dedication.
Pierko suggested Carsone follow city planning and zoning subdivision regulations and place a sign at the development warning that the streets have not been dedicated.
Pierko wrote that the sign should read: "The service departments do not have right of access and are not responsible for maintenance of utilities and roadway."
He added that building permits should not be issued until all street are dedicated and recorded.
Mayor's contention
Mayor George Praznik said Timber Point residents are part of the city and he will continue to provide service to them.
"I've got to take care of those people," he said, adding Carsone "has to step up to the plate and do what he has to do," and Pierko must follow up.
It's the developer's obligation to record the documents; "It's not the city's job to baby-sit them," Pierko said.
The consultant contends Mark IV Builders has not produced the documents that must be filed with Trumbull County.
Kenneth Graben, superintendent of water and wastewater, said the tap-in fees for water, sanitary sewers and electricity in the development have been collected by the city. If there is any construction required on waterlines and sewer lines, his department does the work and charges Mark IV.
Why city services were provided without the dedication is a "mystical question," Graben said.
Police Chief Marty Kanetsky said his officers service the development.
"If there's a call up there, we're going," Kanetsky said, noting he's not going to withhold police services because of "political red tape."
yovich@vindy.com