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114- <br />Mr. Feneli asked if the signatures ori these minutes?stand for the signatures <br />of both husband and wife if the property is owned join,tly. <br />Mr. Raia said there is one signature for each property owner. <br />Mr. Carmen said there are two issues that Council has given some thought to: <br />l. Wou1d the residents be willing to enter into a waiver agreement <br />whereby, if the road was damaged by a village vehicle such.as a snow plow, <br />the liability of the Village would be waived. <br />A resident asked if a similar agreement was made with North Aintree Drive. <br />Mr. Etzler said if there was not, there should be a similar agreement made. <br />A resident asked if snow plowing is the Village's responsibility. <br />Mr. Carmen and Mr. Feneli explained that a private road talces on the aspects <br />of a private driveway as far as how tax dollars can be spent. <br />Mr. Raia said he did.not feel there would be a problem with the residents in <br />signing a statement agreeing to this. <br />Discussion was hel.d. <br />2. Would the residents be willing to contribute a certain amount of.money <br />to an Escrow Fund on a yearly basis so that when repairs are necessary the <br />funds will be available? <br />Mr. Raia explained that according to their deeds, if the majority of the property <br />owners vote for the repair that is all that is required for the repair to be done. <br />Mrs. Bloom suggested a contract of further deed restriction be made between <br />Council and the owners on the street stating if someone on the street does not <br />agree to pay the maintenance costs of the street, the others would have to cover <br />that amount for them. <br />Mr. Etzler said even though the deed states the majority of the.property . owners <br />must agree to maintenance, it is possible that problems co.uld arise in the <br />future if there are different property owners at that time. Mr. Stankus commented on why he feels the road requires repair. <br /> <br />Mr. Feneli said a.lot of what has been discussed with him regarding this issue <br />has been based on what previous Law Directors have said. He does not want <br />there to be any confusion on this in the future. <br />1. He has absolutely no doubt that the municipality could declare <br />this to be a public road at this time. It has been allowed for public use <br />for the required number of years and it is not a private road any longer. <br />The owner of the road, who is none of the residents involved, has not tried <br />to stop the Village.