Berlin Town Board Action – Better TV Reception Promised

by Kieron Kramer
Fear not! The company that provides cable TV to Berlin, Charter Communications, has emerged from bankruptcy and was awarded the cable franchise for Berlin by a unanimous vote at the Berlin Town Board meeting on Thursday, December 10. A public hearing was held before the regular meeting at which a suit and a technician represented Charter. The suit was Tom Cohan, Director of Government Relations, and the technician was Bill Rooney, Assistant Supervisor for the area. Rooney said he worked under Mike McTague “for years.” McTague is known to Berliners because he ran Hometime TV, which provided cable TV to Berlin beginning in 1992 when Ross Bentley was Supervisor. Hometime TV was a local company started by the McTagues. Then it was sold to Avalon and then to Charter Communications. At the last public hearing, in December 2008, at which the Charter representatives failed to attend, ostensibly because of weather, there was lots of static, as Berliners voiced a litany of complaints about the TV service. Many had heard that other towns receive a fee from Charter for the franchise rights. Another hearing was planned, then postponed when Charter informed the Town that it was filing for bankruptcy.
At Thursday’s hearing Rooney promised better reception, in the past viewers’ pictures degraded in the cold weather, because Charter has replaced a lot of transmitters and cables that had water inside. There has been some cold weather so far this season, and most Berliners find the reception acceptable. Rooney said his “confidence was high” that the problems in Berlin were solved. Charter replaced the entire run of cable on Green Hollow Road and balanced all the transmitters in the whole area, he said. He also said that anyone with problems should call for service; the diagnostics are free as is any re-running of cable. Call when any wires come down, because the telephone or power company will rehang the TV cable without checking its integrity, he added. When told by Town Clerk Anne Maxon that there is no way to contact the local office, Rooney replied, “I don’t mind helping,” and gave his own phone number, 518-392-5536.
Cohan said that Charter had emerged from bankruptcy on November 30 with a court approved restructuring in which $8 billion of debt was settled with creditors by giving them equity in the company. “Even in tough times people don’t cut out their cable TV; we’ve done pretty well,” he said. According to Town Supervisor Robert Jaeger, Charter has already announced in a letter to cable subscribers in Berlin that there would be no increase in rates this year. When asked, Cohan said that Charter had no plans to provide internet service and that the programming offered would be “pretty much what we’ve got.” When asked if Charter would pay a fee to obtain the franchise, Cohan said that some towns receive 3% of the yearly gross revenue and that this is passed along to the customer and appears on the bill as a surcharge.
The Board had been hoping for some revenue here, but immediately backed off when informed that it would be passed along. Jaeger thought that Petersburgh collected $5,000. It was reported in February in this paper that New Lebanon was expecting to receive around $7,000 from Charter for its franchise rights in the form of a rebate. At that time New Lebanon was renegotiating its franchise contract with help from the NYS Public Service Commission. The cable TV users in New Lebanon and Petersburgh either don’t have these charges passed along, don’t know that they are passed along or don’t mind. In any event, Berlin may have lost some income in this case because it seems the Board did not do its due diligence before settling with Charter. This is a little surprising since the Board, thanks mainly to Board Member Carl Greene and Supervisor Jaeger, has improved considerably its approach to cost analysis, contracts and procurement. Perhaps the Board was preoccupied with the Berlin Lumber Purchase, with the vote coming up on the Monday following this regular meeting. Curiously, only a single reference to the Berlin Lumber purchase was made this evening. The public hearing on the cable TV franchise lasted 14 minutes.
Water Board Formed
Water was on the Board’s mind, however. At this meeting the Board passed a resolution that formed a Water Advisory Board (WAB) for Water District #2. The WAB will be composed of at least four people, all users of the WD #2 water system. One of the four will be Councilman-elect Richard von Schilgen, who will be the Town Board’s representative and will Chair the WAB. WD #2 Supervisor Jim Winn will work with the WAB, which was described as “a recommendation committee.” Jaeger said that the WAB would “field complaints and provide feedback as the water District moves to a fully metered system. This does not relieve the Board’s responsibility to run the system,” he added.
Winn suggested that a Berlin Fire Department member be on the WAB. This is important because the Fire Commissioners expressed their concern in the past that the Berlin water mains are too small, too old, too creaky and too leaky to provide a dependable water supply to the Fire Company. It was also suggested that the Berlin Elementary School, one of the biggest users of water in Town, have a representative as well. Town Attorney Donald Tate told the Board that they could form the WAB at this meeting and expand it to include more members once it is formed. At the end of the meeting Ivan Wager, the County Fire Coordinator, volunteered to be on the WAB with the caveat that he may have to withdraw if he can’t find the time to serve. No other members of the WAB were named at this meeting.
As every user of WD #2 knows, the water rates were raised about 40% in October. The rate increase was instituted to cover the expenses of the water system which has been higher than the revenues over a five year period. These shortfalls were underwritten by the general fund. The consensus is that Berlin’s rates are still low compared to other municipalities. At present the charges in Town are based on fixtures with the exception of Pa’s Country Car Wash on Route 22 north of the village and the laundromat on Route 22 and Elm Street, which are metered. As Board Member Sheila Hewitt said, it is the intention of the Board to have the whole system metered. Private homeowners will have some control over their water bills this way. It is believed that the metering of the Berlin Elementary School would result in a significant increase in revenue for WD #2. This expense would be passed along through school taxes, but it would be spread out among all the property owners in the Berlin School District, which is considerably larger than the Town.
Tara Cinney, Manager of Hoosic River Hardwoods, LLC, formerly W.J. Cowee’s Inc., complained about the water bill Hoosic River Hardwoods received. According to Town Clerk Anne Maxon, the Town Board set a flat fee for Cowee’s in 1987 of $1,500 per quarter. “So I just increased it 40% just like everyone else,” she said. This $600 increase is what Cinney wanted adjusted. She said that Cowee’s made an arrangement with the Town to continue to pay $1,500 per quarter even though they had drilled their own wells. Now Cowee’s uses a lot less water, and Cinney said they would withdraw from WD #2 if the bill was not adjusted back to $1,500. When she said that there is a water meter at Cowee’s already, Winn suggested that they just use the meter. Cinney said this would come to $260 per year. In spite of this loss of revenue, the Board agreed that Hoosic River Hardwoods should be charged by the meter readings, which Cinney will phone in to Maxon. When asked after the meeting, Supervisor Jaeger said that this loss of revenue would have no important impact on the bottom line of the WD #2 budget.
On a somewhat humorous note, Winn was freaked-out when the backhoe bucket “hooked onto” a water main pipe while the Ring Tree hydrant was being removed. No water leaked from it, and Winn quickly discovered that the main was just a five foot length that had been included in the fill when the hydrant was installed. The Ring Tree hydrant has been removed, and some people miss it already.
A Bad Idea
A hue and cry was heard during the public discussion period in response to Carl Greene’s idea that there be a freeze on hiring, filling in with part-timers or retirees as needed during the winter. He raised it up the flagpole at the December 3 workshop. Not only did no one salute at this meeting, they cut down the flagpole. Many people spoke up and gave good reasons why the employees at the Highway Department are too important to get shorted. The response underscored how important road conditions are in a rural town like Berlin, especially in the winter months. Everyone depends on the roads being passable. The discussion also indicated how happy Berliners are with the work the Highway Department is doing.
For his part, Greene was happy to pose the question and hear the responses because it clarifies the Town’s thinking on issues that should not be taken for granted. “I’m just kicking around ideas; I kick around a lot of bad ideas to get to a good one,” he said. This is a very responsible approach for a Town official for as the Romantic Poet William Blake said, “Without contraries is no progression.” Okay, grammatically this makes no sense, but in terms of governance it does.
Culvert Ordered
Highway Superintendent Jim Winn reported that he had ordered the giant culvert for the Southeast Hollow Bridge replacement project. The work will begin next summer, but the culvert is expensed in this year’s budget. It will be delivered and paid for before the end of this fiscal year. Also, Carl Greene will work with Winn to draft gravel bids for 2010.
A Slow Burn About Brush
Ivan Wager, who is Head Transfer Station Attendant, is still nettled by the brush burning regulations in the recently passed NYS Open Burning Law. It seems that there is no way for the Transfer Station to accept brush at this point since it can’t be burned there, is too expensive to chip there either by an outside contractor ($70,000 per day including  travel) or in house (because of the cost of a chipper, the labor costs and the insurance costs), won’t be accepted by Waste Management and would cost $500 per container, combining a $12 per yard charge and the cost of having the Town do the loading, if shipped to a mulching company in Hudson. The conclusion was that people should either burn their own brush or find a private contractor to chip it. There are several people in Town who have chippers and might supply this service. It was noted ironically that the new law prohibits burning leaves but does not prohibit burning brush with leaves on it. Wager said the law will be enforced by DEC Police officers, there are only two in the County, or by Forest Rangers if there is a particularly bad complaint. Wager said that he had to turn away one load of brush at the Station on Sunday. Also, the little augie has been put away for the winter.
New Fees In The Air
Zoning Board of Appeals Member Vic Lewin said that the ZBA will meet with the Town’s engineer and lawyer and Chris Ciolfi of Mariner Tower at the January meeting. Lewin expects a public hearing to be held on February 18 regarding the cell tower to be erected by Mariner Tower on the Goodermote property in Cherry Plain. He also said that the ZBA met with the Planning Board and Code Enforcement Officer Allen Yerton to determine the fee structure for permits. Pam Gerstel, Planning Board Chairperson, said that the meeting was a good one and fees were also determined for the ZBA and the Planning Board review of site plans. The idea is to defray some of the expenses that these Boards incur. The Town Board would have to approve the fee structure, but no figures were presented to the Board for consideration at this meeting so any decision will be made next year.
Please Help!
On behalf of the Berlin Rescue Squad, Tammy Osterhout made a powerful appeal for help. The Squad is down to 7 EMTs. “We are getting burned out,” she said. Prospective EMTs must attend classes which are free if they join the Rescue Squad. Drivers are needed and can work just one twelve hour shift per week. According to Osterhout and Ivan Wager, the drivers can have a regular license but would need some driver training, CPR training and a background check. It would be good to be able to lift, but the squad has power stretchers. Osterhout has been an EMT since 1984. “There is blood, guts and gore plus heart attacks, but last year I delivered a baby,” she said. According to Osterhout, it would cost the Town $150,000 for commercial ambulance coverage 12 hours a day, five days a week. Coverage 24/7 would cost $500,000, she said. Anyone who is interested should call Osterhout at 658-2924 after 3:30 pm.
One Dog In Three Traps
Dog Control Officer Doug Goodermote reported that a black cocker spaniel managed to get caught in three coyote traps at once near the Transfer Station. The dog wasn’t in the traps too long Goodermote said, about two hours. Wager had heard the wailing and thought the dog was caught up in a chain. He called Goodermote who came right over and pried the dog free from the traps. Goodermote knew whose dog it was and took him home. He said that just the toes of two paws were damaged but one leg was hurt higher up. Goodermote expects a full recovery for the dog. He said the three, baited traps were legally set, and they had the trap setter’s name on them as required.
Goodermote also reported that a Court case on Wednesday resulted in a lady on Plank Road being required to restrain her dogs. Apparently they had been running free and bothering a neighbor.
In other business the Board:
• Heard Tammy Osterhout report that the Youth Commission would open the Watipi Building for games on one or two days during the Christmas break.
• Made note that Walter Knightes is retiring as Town Justice. His last Court night will be December 16. “He has done an excellent job in the community,” Jaeger said, “and we will be sad to see him go.”
• Appointed Joseph Sweener and Jack Kanopka to a three year term on the Rensselaer County Fire Advisory Board.
• Will create a policy packet including workplace violence, harassment and ethics policies for all elected and appointed Town officials. The packet will be distributed annually, and officials must sign a receipt for it.
• Heard Supervisor Jaeger say he would send a letter to Petersburgh, which not only includes the Transfer Station agreement for 2010-2012 but would also ask for a meeting to discuss the possibility of sharing services and programs.
• Voted to pay the bills.
• Scheduled “settlement night” for December 29 at 7 pm in the Town Hall.
• Scheduled the swearing in of recently elected Town officials (Jaeger, Maxon, Winn, Jim Saunders and Richard von Schilgen) for January 6 at 6 pm in the Town Hall with Justice Joe Rechen presiding.
• Scheduled the Organizational Meeting for January 7 at 7 pm in the Town Hall.
• Noted that this was Board Member George Shuhart’s last regular meeting. He has been a quiet and sensible Board member for 12 years. “We thank you for your service,” Jaeger said.