What if people downstream in Clarksville are killed?
To the Editor:
I wrote this letter to the Berne Town Board.
I am sure you are all somewhat familiar with the failure of the Hadlock Pond dam in July 2005. The huge release of water caused $10 million in damages. The resulting lawsuits dragged on for 12 years. Dozens of residents sued the town of Fort Ann for millions — yes, the town of Fort Ann.
Due to that dam’s failure, dam inspection and levels of dam safety requirements have been increased. The Helderberg Lake Community Association has been made aware of the new, more stringent requirements, and has acted to make the necessary remedial work to our dam to bring it into compliance.
Construction documents have been prepared by experienced, licensed professional engineers and submitted to the New York State Department of Environmental Conservation for review and have been approved. The project is ready to go, as soon as funding can be obtained.
The cost, $500,000, is a lot of money. We do not have anything like that in the association’s account. We have requested the town of Berne create a special tax district to obtain the funds, and the residents will pay back the cost with our annual property tax payments. The remedial work on the dam will not cost the town of Berne anything; we will pay for it.
But here's a “what if.” What if another Hurricane Irene comes through, only stronger, and our dam is overtopped and fails? What if 20 homes along the Onesquethaw Creek are damaged or destroyed? What if people downstream in Clarksville are killed? What if this should occur after the town of Berne turns down our request for the creation of a special tax district to fund the work?
Residents sued the town of Fort Ann after the Hadlock Pond dam failed. Don’t you think residents and property owners and surviving relatives in the town of New Scotland will sue the town of Berne because you refused to provide a funding mechanism for the work?
Won’t voting “yes” be a lot easier than the hundreds of hours spent explaining to attorneys why you voted no, let alone the thousands and thousands of dollars in legal fees your residents will be forced to pay?
Wouldn’t it make sense for you to vote “yes” to do what you can to help prevent any such potential catastrophe and possible deaths?
Please vote “yes” to create the special tax district for us.
Thank you.
Robert Marriott
Berne