DELHI _ Supreme Court Justice Molly R. Fitzgerald has ruled that the town of Delhi, not the village, is responsible for the Woolerton Street Bridge, but the decision may be appealed.
In the decision dated July 6, Fitzgerald said, "The Woolerton Street bridge fits the ordinary, everyday definition of the word bridge' and functions as a bridge.' As a bridge, the town of Delhi is responsible for the care, upkeep and repair of the deteriorated Woolerton Street bridge. Therefore, the town of Delhi has responsibility to repair the dilapidated bridge. The village's petition for a declaratory judgment is hereby granted."
"I feel vindicated by the decision," former village Mayor David Truscott said Monday.
Fitzgerald referenced a Court of Appeals case, where the court ruled "a village has exclusive control and supervision of its streets and public grounds, which constitute integral parts of the highway. But on the other hand, a town bears responsibility for the repair and replacement of bridges."
Delhi Supervisor Peter Bracci said Monday he was calling a special meeting of the Delhi Town Board to discuss the decision and begin the appeals process.
"Our attorneys feel the judge has erred," he said. "I think the board is going to agree that we are going to the next step, to the Appellate Division. Do we like doing this? No.
"But think of the statewide implications of this decision," Bracci continued. "We have not budgeted for this, and there isn't a village anywhere that doesn't have bridges that will now be the responsibility of the towns."
Current mayor: Decision won't have much effect
Mayor Rich Maxey said that in the short term, Fitzgerald's decision doesn't mean anything because the Delhi Bridge Committee is working to replace the bridge. In the long term, he said, the village doesn't have to worry about replacing the bridge.
"But it's a sad state of affairs that the village sued the town," Maxey added.
Maxey, who was a Delhi councilman before being elected mayor in March, said previously he couldn't believe the village filed the suit within a week of passing a resolution giving a group of Delhi residents permission to raise funds for a new bridge.
The case originated when the village of Delhi filed an Article 78 action against the town. The move, Truscott said previously, was "a mechanism to force a unit of government to do what they are supposed to do." An Article 78 petition appeals the decision of a government agency in New York.
David Merzig, representing the village, and Joseph Castiglione, representing the town, appeared in Supreme Court on Feb. 13 before Fitzgerald to make motions in the case.
In his arguments, Merzig cited a similar case involving a bridge in Chestnut Ridge. There, it was determined that a bridge is a span that goes over a stream. Unless there has been a voluntary acceptance of responsibility by the village, Merzig argued, the responsibility for bridge maintenance rests with the town.
After listening to brief comments from both sides during that session, Fitzgerald reserved decision.
Dispute over length of the bridge continues
Lois Ray, chairwoman of the bridge committee, said she is extremely concerned that Fitzgerald ruled that the structure is a bridge, because under state highway law, the 17-foot, 8-inch structure is too short to be categorized as a bridge.
Truscott said that the bridge is 19 feet, 6 inches long, and is the responsibility of the town. He said the town claims the bridge qualifies as a culvert because it is less than 20 feet long, making it the responsibility of the village.
Ray said the committee has filed for a state grant to help fund a new bridge and a Catskill Watershed Corporation grant to offset engineering costs.
"We have been told that the state grants have been awarded, but they can't tell the recipients, which is what I suspect has to do with the budget problems," Ray said. "If I had just $14,000 more, I could hire an engineer to plot out a plan, and we would have a better idea what we need in funding."
The problem is serious, she said.
"Everyone is going to keep fooling around till the bridge collapses and leaves the people on Bell Hill without water, electricity and sewer," she continued, "and forcing the ambulances, fire trucks and residents to travel 6.2 miles further."
She said the committee will continue work to have the bridge rebuilt to county specifications. When the bridge has been replaced, it will become a county bridge, relieving the town and village of maintenance responsibility.
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Patricia Breakey can be reached at 746-2894 or at stardelhi@stny.rr.com.
