Franklin County Commissioners held a public hearing regarding a petition to vacate Cummins Road presented by Derryl Cregar.

Cregar operates a salvage yard on Cummins Road and has been fighting a violation with Franklin County Area Planning (FCAP) over storage of disused vehicles within the public way setback. Along with his legal counsel Pat Bedell, Cregar sought to vacate Cummins Road, resulting in the elimination of the public way setback and the FCAP violation. County surveyor Glenn Bailey has sent notice to all property owners on Cummins Road and published notification of the public hearing; two of the three other property owners attended the meeting to fight the matter.

A locked gate blocks Cummins Road to the north of Cregar's property, blocking access into property owned by Jeffrey Reid; a second gate is located on the south end of Cregar's property, preventing access to his salvage yard, and ultimately, Reid's property.

Dennis Kolb spoke for Lendon Sizemore, who owns property along the west side of Cummins Road. Sizemore is against vacation of the road due to concerns over loss of property value resulting from a reduction of road frontage, as well as the possibility of being responsible for upkeep of the road.
Reid spoke against vacation of the road and called the gate erected by Cregar a nuisance, as he often has trouble accessing his property anad has even had to remove the gate on occasion.

Commission president Tom Linkel suggested there are actually two issues at hand - an unauthorized gate on a county road and vacation of the road. Linkel voiced his long-held position that if any property owner opposed vacation of a road, he would vote against it. Commissioner Tom Wilson agreed and made a motion denying vacation of Cummins Road and that the gate be removed. Commissioner Gerald Wendel seconded the motion and the motion passed unanimously.

County legal counsel Grant Reeves noted there are actually two gates across the road and suggested it be discussed further. Reid asserted a gate is at the entrance to his property, at the end of Cummins Road. Local surveyor Rob Seig noted commissioners need to determine how far county maintenance extends. Linkel replied the county highway department has had ongoing problems accessing the road for maintenance because of the location of the cars.

Bedell told commissioners that no public traffic is ever on Cummins Road, which extends approximately one-half mile into Reid's property into a dead end. He added any road maintenance has been performed by Cregar since he purchased the property seven years ago. Wilson reiterated the problems county crews have had due to cars being in the way and the need to determine the length of the road.

Bailey referenced county records and informed commissioners the maintenance extends 0.53 miles. Seig noted the public way may extend beyond the maintained distance. Commissioners will do further investigation to determine the fate of the northernmost gate.