016
, .
..
GERALD A. VERGlLIS*
KENNETH M. STENGER
ALBERT P. ROBERTS
THOMAS R. DAVIS
STEPHEN E. DIAMOND****
JOAN F. GARRETT**
VERGItIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP
ATTORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
W APPINGERS FALLS, NEW YORK 12590
(845) 298-2000
Fi\X (845) 298-2842
OF COUNSEL:
KAREN MacNISH
LEGAL ASSISTANTS:
AMY E. DECARLO
MARIA L. JONES
SANDRA A. OAKLEY
SARAH SALISBURY
KEVIN T. McDERMOn
ANGEL I. FALCON
ANTHONY M. DEFAZIO"''''*
JAMES P. HORAN"'**
LISA M. COBB
M. ELLEN O'SULLIVAN
www.vsrp.com
e-mail: info@vsrp.com
CLOSING COORDINATOR:
SUSAN E. CAFFINE
.ADMITTED TO PRACTICE
IN NY & FLA.
.. ADMITTED TO PRACTICE
IN NY & CONN.
... ADMITTED TO PRACTICE
INNY&NJ
....i\m.1!TTED TO PRACTICE
INNY,FL&MA
POUGHKEEPSIE OFFICE
276 MAIN MALL
POUGHKEEPSIE, NY 12601
(845) 452-1046
NEWBURGH OFFICE
372 FULLERTON AVENUE
NEWBURGH, NY 12550
(845) 567-3783
November 19,2009
Supe:rvfsO'r Office
NON! 3 ~OO~
Reoe~ved
Hon. Christopher J. Colsey, Supervisor
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
Re: County Take Over of Town Roads
Dear Chris:
Joan Garrett, of my office, prepared the attached Memorandum. Quite frankly, there is
virtually no chance of the County taking over any more roads in these economic times. I
am not sure if you wanted me to pursue the matter any further.
Very truly yours,
VERG!LIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP
.--po
If '; ....L! x'\ rr:'
'i",--C:C')( Y~.:""L4! (_)7\~)
. I
I' !
( ii, \ \ :
"..~\.,,~\;~.- t~'}i".. ir~T
ALBERT P. ROBERTS
APRlso
0:\ Wappinger\Town Board\I-OPINIONS\111909 letter to Colsey re County Take Over of Town Roads.doc
DIeT A TED BUT NOT PROOF READ BY APR.
MEMO
TO:
FROM:
DATE:
RE:
Al
Joan
November 9, 2009
County "Take Over" of Town Roads
I was asked to research whether and how the Town could have the County take over
ownership and/or maintenance of certain Town roads.
Pursuant to Highway Law 9 115, the County Superintendent of Highways prepares a map
showing the county road system. Amendments to the map may be made by the County
Superintendent of Highways and approved by the Board of Supervisors so as to allow for
roads to be constructed, reconstructed or maintained and to become part of the county
road system.
In order for any of the roads currently maintained by the Town to become part of the
county road system, a request must be made to the County Superintendent of Highways
to amend the map to include those roads within the county highway system.
The Attorney General has issued an opinion stating that the proper method of transferring
control and supervision of a village road to the County within which the village is located
is by adding the village road to the county road system map pursuant to the Highway
Law. Upon such transfer, the County is then responsible for maintaining the road. (See
Atty. Gen.) (lnf.) No. 03-2.
OIWappmgerlTown Boardll-OPINIONSICounty Take Over Maintenance of Town Roads v2.doc
If a Town wishes to have the County either share in the cost of construction,
reconstruction or improvements of any Town roads without transferring ownership to the
County outright, the Town may resort to Highway Law ~ 131-k. That statute provides
that a County may, upon consent of the governing body of a Town located in that County,
provide for the construction, reconstruction or improvement of any highway which
connects County or State highways, if deemed by the County legislative body to serve a
vital transportation need of the County. It would seem that roads such as Diddel Road and
other main thoroughfares in the Town serve a vital transportation need of the County.
Further, pursuant to Highway Law ~ 131-k, the entire cost of the construction,
reconstruction or improvement is borne by the County. However, the costs and expenses
of relocating or altering private utilities, public authority utilities or utilities owned by a
Town are not paid by the County but are paid by the Town. The County Superintendent
of Highways supervises the construction or maintenance.
Upon the completion of the construction, reconstruction or improvement authorized
under ~ 131-k, any highway affected shall still be maintained or repaired by the Town.
There is a caveat. The municipality and the County can, by written agreement, provide
that those highways will be maintained and repaired by the County. Notwithstanding any
written agreement, there is no transfer of title to the County from the Town.
Furthermore, Highway Law ~ 195 (1) provides that a County may aid a Town in the
construction or improvement of a Town highway with the cost to be borne proportionally
O:\Wappinger\Town Board\1 -OPlNIONS\County Take Over Maintenance of Town Roads v2.doc
by the County and the Town. However, maintenance or repair of those roads or highways
remain the responsibility of the Town
Conclusion:
If the Town wants to transfer title to certain roads to the County and thereby make repair
and maintenance of those roads the County's responsibility, it may petition the County
Superintendent of Highways to amend the map and accept said roads as part of the
county road system.
As an alternative, the Town could petition the County for financial help in the
construction and maintenance of those roads the Town deems primarily cross
thoroughfares from the eastern part of the County to Route 9, Route 376 or Route 9D.
0\ W appinger\ Town Board\ I-OPIN 10NS\County Take Over Maintenance of Town Roads v2.doc
November _, 2009
Dutchess County Department of Public Works
Attention: Superintendent of Highways
Re:
Dear
Please be advised that the undersigned as Town Supervisor and Town Highway
Superintendent for the Town of Wappinger, hereby requests that the County amend their
map of roads pursuant to Highway Law ~ 115 to allow for the transfer, control,
supervision and ownership of the following roads so that the same may become County
roads:
1. Diddel Road;
2.
3.
4.
0:\ Wappinger\Town Board\l-OPINIONS\I 10909 draft letter to DCDPW re County Take Over of Roads.doc
...
Please advise what further information and documents you need to effectuate this
transfer.
Very truly yours,
TOWN OF WAPPINGER
By:
Christopher J. Colsey, Supervisor
By:
Graham Foster, Highway Superintendent
O:IWappingerlTown Boardl] -OPINIONS\] ] 0909 draft letter to DCDPW re County Take Over of Roads.doc
