Youngstown owns towers and waterlines

The mayor restated his hope to work with townships, not annex their land.
By DENISE DICK
VINDICATOR STAFF WRITER
BOARDMAN -- Who owns waterlines that feed many township homes and businesses? Youngstown, plain and simple, according to a Mahoning County prosecutor's office opinion.
The city also owns water towers in the township, an assistant prosecutor wrote.
The township asked for an opinion regarding the waterlines and towers earlier this month.
Kathy Miller, trustee chairwoman, said she's not sure how the opinion will play out.
"We'll have to see what the city is doing," she said.
The township's inquiry about the waterline and water tower ownership came after Youngstown sent a letter to Mahoning County commissioners in December asking that a water tank between Erskine and Afton avenues in the township and the land upon which it sits be transferred to the city.
The city received a 1.17 million loan through the District 6 Public Works Committee to upgrade the water tank. Total project cost is 3 million.
Trustees then sent a letter to commissioners asking them not to make the transfer to the city.
Donald A. Duda Jr., an assistant prosecutor who penned the opinion wrote, "... it is the official position of this office that the city of Youngstown has ownership of the waterlines and towers in Boardman Township while the county remains the owner of the real property where the towers are located."
Documentation
Duda said that he reviewed documentation that shows the county transferred the water system to the city but maintained ownership of the land where some towers, including the one between Erskine and Afton, are located.
The assistant prosecutor also wrote that he was contacted by an attorney for a water company who was seeking information regarding the water tower in question, and that his client wanted to deal with the county or township to obtain the system. That company is Aqua Ohio.
"Apparently it was the water entity's hope that Boardman would acquire possession so that it could negotiate possession of the system from Boardman," Duda wrote in the opinion.
If that's true, Duda said the city would likely contest that plan, arguing that it's not fair for the county to merely take over the city's improvements without compensation for its years of maintenance, upgrades and improvement.
Also, any sale of governmental property requires competitive bidding, the assistant prosecutor noted. It couldn't just be transferred to another entity.
Jason Loree, township administrator, said he hopes to meet with representatives from other townships to determine if they can work together in addressing Youngstown's interest in forming Joint Economic Development Districts.
A JEDD would permit the city to provide economic incentives to businesses in townships that receive city water. The city could then impose an income tax on employees who work in those areas.
Money generated through JEDDs could allow the city to then reduce or eliminate the 40 percent surcharge it places on water rates for those living outside the city.
Study being done
The city has hired a company to conduct a study of its water system to identify locations of JEDDs with other communities and the financial benefits of those endeavors. That study is expected to be completed in a few weeks.
Some suburban officials have expressed concerns that annexation is the true aim of the study and JEDD discussion.
But Youngstown Mayor Jay Williams said the city's plan in regarding the water tower land transfer is merely better water service for not only South Side customers but those in the township too.
He's surprised by the resistance and fears of annexation expressed by some in the surrounding areas.
"Our goals here is to maintain and improve water service for many of the residents of the Mahoning Valley," Williams said.
JEDDs present opportunities for regional cooperation, he said. The city isn't trying to pawn its problems off onto other communities.
"I've said it a 100 times, and I'll say it again: It's not our goal or our intention to threaten the autonomy of any townships," the mayor said.
Regional cooperation may involve a shift in the relationship among the communities involved to produce a more equitable distribution of resources, Williams added, referring to water surcharges.