Berlin Town Board Action – A Vote On Principle

by Kieron Kramer
At the Berlin Town Board meeting on Thursday, July 8, Town Supervisor Rob Jaeger reported fully on the workshop that was held two weeks earlier on June 24 because, he said, a resolution was passed and minutes were recorded. Jaeger usually gives a full report on the workshops, and there are always some items of interest that occur at the workshop.
The resolution that Jaeger was talking about was a pro forma resolution required by NY State so that the Town could receive the $3,000 member item grant earmarked for the Gladioli Project from State Senator Roy McDonald’s Office. The resolution authorized Jaeger to sign for the grant and passed 4-1 with Board Member Richard von Schilgen voting in opposition. He explained his workshop vote after Thursday’s regular meeting.
Von Schilgen said he was not against the Gladioli Project per se but he added, “We couldn’t have money in our budget to repair sidewalks or infrastructure or the water district but the State is giving money that’s unaccounted for for flowers.” He implied that he would prefer that the beautification of Berlin be funded privately. Traditionally this has been the case in Berlin through volunteer work and donation in kind, for instance in the placing of flower barrels in the village during the summer for several years and the trash pick up day sponsored by the Seventh Day Baptist Church on Memorial Day weekend, and other instances. The Gladioli Project has, of course, been primarily privately funded and been the recipient of countless hours of volunteer work. But the project has expanded rapidly, the idea being to line Route 22 with gladioli beds as once existed at the  turn of the last century, and the expense has increased accordingly even though the volunteers have not lost their zeal or energy. Does the support of gladioli or sidewalks have to be mutually exclusive? Why can’t funding be found for sidewalk repair from public or private sources?
However, at the heart of von Schilgen’s vote, as he explained it, is a political philosophy. He voted against the resolution on principle – the principle being that this grant was government money. “This is not free money,” he said, and Board Member Sheila Hewitt agreed wholeheartedly. Will anyone who thinks money is free raise your hand? No one?
In principle, in a perfect world, communities should pay their own way. In principle, pigs can’t fly. Practically speaking, if one town (or state) doesn’t accept funding the next municipality will. But it is these political principles that have bedeviled politicians at both the national and state level lately because it is based on a loathing of taxation even though it takes money to run a government, and this has trickled down to the grass roots level. And is it a question of principle or just a question of whether you agree with what’s being funded? No question that a poorly run government costs more than a well run one and that the member item system has to be reformed, but can we expect a resolution in Berlin next year refusing, let’s say, CHIPS funding, that’s government money?
At the workshop, the Town selected Modern View to provide the energy saving windows for the Town Hall for $2,700. The window replacement is funded by a Justice Court grant for $7,800. Von Schilgen is overseeing this project, and the cost is low because he has lined up volunteers to help install the windows. The money saved will be used for painting the building or for trenching to carry ground and rainwater away from the building.
At the workshop, the Board discussed the future of  the 120 acre lot that the Town owns on Comstock Hollow Road. Von Schilgen walked the lot recently and recommended to the Board that the Town keep the property and log it. The Board agreed and asked Sheila Hewitt to arrange for Chris Powell, a commercial forestry manager, to come to the next workshop to give recommendations.
Water Bombshell
At the July 8 regular meeting, Water District #2 Supervisor Jim Winn reported that the District has “been quiet.” The leak on Park Avenue has been fixed, and Lionel Hill’s house was attached to the system the prior week.
Board Member von Schilgen, who is heading the Water Advisory Committee, told the Board that he will review the information provided by Ron Laberge of the Laberge Group, an engineering and consulting firm from Albany, with the rest of the Water Advisory Committee. Laberge inspected the water system, explained what the weaknesses are and the corrections that are needed as well as the cost of modernizing the system and the possible funding that is available. Von Schilgen thanked the Laberge Group because the consultation was free. He said he would make his recommendation at the  next meeting. “The bombshell can wait until next month,” he said.
Slightly Scatological
Highway Superintendent Jim Winn reported that the DEC permit for the work on the Southeast Hollow Road Bridge has not yet been received. He said that there is plenty of time left to get the permit and do the work before entering the waterway is prohibited in the fall. He said that the NYS DOT issued red flags for the bridge again and then “inactivated” them since the work is imminent. DOT also inspected the bridge on Brimmer Road and issued yellow flags for that bridge because of some erosion around the north wing wall. The Highway Department has already put a load of stone around the wing wall, Winn said.
Turning slightly scatological, Winn asked if the shared service policy had changed. “I have heard pissing and moaning about us helping Nassau,” he said. He explained that the County has stored 1,800 tons of  “bear s**t” (blacktop patch) at the Berlin Garage and trucks from the County, Nassau, Brunswick, Stephentown and other neighboring towns came to haul the blacktop to various County projects in their towns. He was told that the shared services policy has not changed.
The Berlin Highway Department has been patching CC Dam and Bly Hollow Roads. The Board voted to authorize the purchase of tires for the loader for $4,300, the State bid price.
Fire District Equipment Upgrade
Chairman of the Berlin Board of Fire Commissioners Mark Primeau announced at the beginning of this meeting that the Fire District will be holding a referendum on Tuesday, July 27, from 6 to 9 pm at the Berlin Fire House on Community Avenue for permission to buy a new tanker-pumper truck and a new ambulance for the Fire District. The issuance of a 10 year bond in the amount not to exceed 398,800 will be necessary for the purchases. The tanker-pumper will replace two outdated trucks and the aging ambulance will also be replaced, but the “Fire District budget will stay fairly close to what it is now,” Primeau said.
Youth Commission
On the 8th Tammy Osterhout reported that the Youth Commission’s Arts and Recreation program had started that week. There were 30 to 33 kids a day for the first week, but she expects attendance to diminish as other summer programs become available to the kids. Osterhout praised the Seventh Day Baptist Church facility, which the program is using, because it has many rooms and the kids can be separated into smaller groups. The swim program is still accepting applications, she said. There will be two swim groups so the  time spent at the Hoosick Town Pool will be four hours instead of two. There is money in the budget to cover the extra time, she said, but the buses will have to leave Berlin at 9:30 am instead of 11:30.
Website Policy
Supervisor Jaeger reported that as of 6 pm before the meeting the number of new visitors to the Town website was 986. He wants a page on the  website where local businesses can be listed but feels that a policy should be established so everyone is treated fairly. He thinks the policy that the Town of Dover has “seems good.” Jaeger will consult with Town Attorney Don Tate, who was absent during this part of the meeting, and make a policy proposal that the Board can review and vote on at the next regular meeting.
Natural Hazard Mitigation Plan
A letter was received from the County Director of Public Safety Kelly Paslow suggesting that Berlin participate in the County’s Natural Hazard Mitigation Plan. Participation in this Plan is required for eligibility for FEMA funds in response to a natural disaster. Board Member von Schilgen said, “It would be stupid not to sign up – we may need the money.” Two representatives from Berlin are needed to liaison with the County. Von Schilgen said he had spoken to Ivan Wager, who has been developing Berlin’s Disaster Plan, and that Wager suggested that Highway Superintendent Winn and Berlin Fire Chief Billy Osterhout be named. The Board voted unanimously to join in the County Natural Hazard Mitigation Plan and to name Winn as the primary representative and Osterhout as the alternate. Winn agreed to go to the first meeting, which was held on July 12.
Windmill Moratorium
Reporting for Planning Chair Pamula Gerstel, who was absent, Jaeger announced that the Planning Board was up to page 19 in its review of the 1988 Berlin Land Use Regulations. Gerstel’s fact-finding at recent seminars underlined the need for a Windmill Construction Local Law so she asked the Board to move quickly to pass a moratorium on windmill construction until such a local law could be developed. Gerstel reported that the Planning Board has money in the budget to pay an attorney to review the regulations. Jaeger said that the purpose of the moratorium is not to prevent the building of windmills in Berlin, which, he said, “Has good potential in the valley,” but to give the Planning Board enough time to develop “proven construction and safety” codes.
The Board agreed with Gerstel and Jaeger and, wanting airtight regulations, decided that a year-long moratorium would be in order. Then the question arose as to whether this could be done by resolution or must be done by a local law. A local law requires public notices and a public hearing. Past moratoria on adult entertainment and cell phone tower construction were both local laws. Since Tate, who had by now arrived, was unsure of the necessary procedure Board Member Carl Greene moved to table the Windmill Moratorium, and it was tabled. The Board will decide at the next workshop to publish notices and to hold a public hearing before the next regular meeting, when a vote on the Moratorium will be taken.
Other Actions
• Jaeger passed along a warning from a Berlin resident regarding the inaccuracy of Fairpoint’s telephone billing. People should check their bills to make sure they are not getting “double-dipped.”
• Tammy Osterhout announced the benefit dinner for Steven Keller, a longtime member of the Berlin Fire Department, on July 24 from 4 to 6 pm at the Fire House to cover his unexpected medical bills.
• Dog Control Officer Doug Goodermote reported that there are a few roaming dogs but that it is “super quiet” for this time of year.
• The Board went into executive session for 15 minutes to “discuss a legal issue.”
• The Board discussed the working days and hours submitted by Town officials for the NY State Retirement Plan and voted unanimously to accept the submissions contingent on the clarification of Pam DeShane’s days and hours.
• Board Member von Schilgen again asked that the President of the Berlin Central School Board be contacted and urged to have the public school officials complete their NIMS training.
No More Squeaks
At the end of the meeting Kent Goodermote thanked “whoever fixed the door [to the Town Hall]. We can sneak in and out now,” he said. Board Member Richard von Schilgen was identified as the fixer of the perennially squeaky and sticky door.