Although this area had once been designated as a public street it was never opened as a street.
The Borough must formally vacate the street, by Ordinance, in order to remove all possibility of the street ever being opened.
The Ordinance was advertised in the October 22 Independent-Sentinel, and also in that paper was advertised a public hearing to vacate the paper street.
The hearing was scheduled for tonight but Borough Administrator Amy Seeley told Council that she did not know that the Ordinance had to be advertised twice, and that the action could be taken at a regular Council meeting. The neighboring property owners must be given notice, and they can request a hearing, but a hearing is not required unless requested by the relevant property owners. Solicitor David Brann said , "It certainly is their prerogative" to request a hearing."
When the Borough vacates the paper street, the property in question would revert by deed reference and the new property lines would become a matter between the property owners.
Mrs. Seeley stated that she had received a comment from one of the property owners. Mr. Brann said, "The owner is not being deprived of anything," but would obtain extra property [by the act of vacation], "but if he thinks the property already is his, that is between the property owners."
The Borough has no power to convey the property to any party, but only is rescinding any right it would have to open the street.
Council President Ken Robertson said, "All we are saying is we will never put a street through there."
At the subsequent Council meeting, following the hearing, Council authorized advertising the Ordinance two times as required by the Borough Code.