Milford Annexes First Parcel of Beer Land
July 28, 2016 at 4:25 p.m.
By Jordan Fouts-
The 52-acre plot is uninhabited and so will not need any services extended to it, meaning no noticeable additional cost to the town, attorney Jay Rigdon told council. Annexation of an additional 168 acres will be more complicated but is expected to be finished by the end of the year.
Agreements have been reached in principal with BRTB Investments, which manages the land, but still need to be reduced to writing, the council learned.
Earlier in the meeting, resident Steve Barker asked the council exactly what laws spell out the responsibilities of a homeowner or the town in the situation he was faced with last week. High winds caused an 80-foot-tall maple tree in the public right of way in front of Barker’s home to fall across the road into a neighbor’s yard, and raise the sidewalk at its base.
Removing the tree and its stump, as well as refilling the hole and repairing the sidewalk, cost Barker, a retiree on Social Security, two-thirds of his check, he told the council. He said in the past he has willingly paid to remove trees in danger of falling over in his own yard, but questioned why the maple on public land was his responsibility.
“Other towns around here take care of those trees. I was told that if I wanted the trees taken care of, I could move to Syracuse. Well, I don’t want to do that,” he said. “I understand the city’s broke. So am I. Maybe we could split the cost, I’m willing to negotiate.”
The answer is complicated, Rigdon responded, because there’s no single law that covers the situation. Milford follows state laws on sidewalk maintenance, which make no distinction between normal wear from rain and roots and sudden events – it’s always the homeowner’s responsibility.
And Milford doesn’t exactly own the right of way between the sidewalk and the street, according to case law imported from England more than 200 years ago, Rigdon said. A homeowner technically owns the land up to the middle of the street, and the town merely has the right of usage of the road and strip of grass along it.
Council President Bob Cockburn said the town will follow what the law says in this case, but noted the law could be changed if enough residents pursued it. He and Rigdon suggested Barker seek repayment from his insurance company.
Among expenses approved during the meeting, the council agreed to $5,351 for seven new bulletproof vests for town police, who are required by state law to buy new vests by July; up to $1,200 for a trailer to both haul park trash barrels and transport the town lawnmower; and $4,891 for Peerless-Midwest Inc. of Westfield to inspect and clean the main water well in August.
The council also presented certificates of appreciation to Tricia Gall, representing the Milford Lions Club, for organizing Milford Fest Labor Day weekend, and to Milford First Brethren Church, for the free meals they provide the last Wednesday of every month.[[In-content Ad]]
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The 52-acre plot is uninhabited and so will not need any services extended to it, meaning no noticeable additional cost to the town, attorney Jay Rigdon told council. Annexation of an additional 168 acres will be more complicated but is expected to be finished by the end of the year.
Agreements have been reached in principal with BRTB Investments, which manages the land, but still need to be reduced to writing, the council learned.
Earlier in the meeting, resident Steve Barker asked the council exactly what laws spell out the responsibilities of a homeowner or the town in the situation he was faced with last week. High winds caused an 80-foot-tall maple tree in the public right of way in front of Barker’s home to fall across the road into a neighbor’s yard, and raise the sidewalk at its base.
Removing the tree and its stump, as well as refilling the hole and repairing the sidewalk, cost Barker, a retiree on Social Security, two-thirds of his check, he told the council. He said in the past he has willingly paid to remove trees in danger of falling over in his own yard, but questioned why the maple on public land was his responsibility.
“Other towns around here take care of those trees. I was told that if I wanted the trees taken care of, I could move to Syracuse. Well, I don’t want to do that,” he said. “I understand the city’s broke. So am I. Maybe we could split the cost, I’m willing to negotiate.”
The answer is complicated, Rigdon responded, because there’s no single law that covers the situation. Milford follows state laws on sidewalk maintenance, which make no distinction between normal wear from rain and roots and sudden events – it’s always the homeowner’s responsibility.
And Milford doesn’t exactly own the right of way between the sidewalk and the street, according to case law imported from England more than 200 years ago, Rigdon said. A homeowner technically owns the land up to the middle of the street, and the town merely has the right of usage of the road and strip of grass along it.
Council President Bob Cockburn said the town will follow what the law says in this case, but noted the law could be changed if enough residents pursued it. He and Rigdon suggested Barker seek repayment from his insurance company.
Among expenses approved during the meeting, the council agreed to $5,351 for seven new bulletproof vests for town police, who are required by state law to buy new vests by July; up to $1,200 for a trailer to both haul park trash barrels and transport the town lawnmower; and $4,891 for Peerless-Midwest Inc. of Westfield to inspect and clean the main water well in August.
The council also presented certificates of appreciation to Tricia Gall, representing the Milford Lions Club, for organizing Milford Fest Labor Day weekend, and to Milford First Brethren Church, for the free meals they provide the last Wednesday of every month.[[In-content Ad]]
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