Controversial Appointment To The Berlin Town Board

by Kieron Kramer
At its regular meeting on January 13 the Berlin Town Board appointed Becky Giumarra to fill the seat vacated by Carl Greene on December 31. Her term will run until December 31 of this year. Giumarra was nominated by Board Member Sheila Hewitt, who along with Board Members James Saunders and Richard von Schilgen voted for her appointment. Town Supervisor Robert Jaeger voted against her appointment.
Becky Giumarra, from Cherry Plain, is an active and well respected member of the Berlin community, but, when her appointment was made, cries of “that’s a big mistake” and “you [to the Board Members] won’t be re-elected” were heard. Supervisor Jaeger told the audience, “Don’t start a debate; we’ve voted on it; it’s done with.”
When the discussion of the appointment started, Saunders said, “It would be nice to have someone from the south end [of Town] on there.” Hewitt agreed. Giumarra has not had the opportunity yet to express her opinion on any issues facing the Town, but her son Tim presented a petition at a Special Meeting in October to re-vote the Berlin Lumber purchase authorization, hoping to  undo it, and she was a signatory to the petition. It is rare for a Board appointment to be anything but unanimous, let alone to be made without the Supervisor’s approval, but this is another sign of how deep the division on the Town Board over the Berlin Lumber purchase has become in the last two years.
There were three candidates for the position, with former Board Member George Shuhart and Hoosick River Hardwoods General Manager and Chair of the Comprehensive Plan Committee, Tara Cinney, also indicating interest in serving. According to Jaeger, the Board received “a letter from 53 people endorsing George Shuhart.” And Jaeger appointed Tara Cinney as Deputy Supervisor on January 1, a role Greene had held until his resignation on December 31. According to Jaeger, who researched NYS Municipal Law, the appointment of the Deputy Town Supervisor is the prerogative of the Supervisor for the first five days after the post is vacated; after that the Board appoints the Deputy Supervisor. The Deputy Supervisor does not have to be a Board member, as seen in the last few years in New Lebanon and Petersburgh. Jaeger may have appointed Cinney believing she would be appointed to the Board. In any event, after the meeting, Jaeger indicated that he felt more confidence in Cinney than in any other current Board member.
Perhaps in a sign of things to come, Saunders asked the Board to vote again on the purchase contract for Berlin Lumber that the Town signed last fall. Jaeger had recently circulated a revised contract to the Board because there have been some changes in the dates from the original contract. For instance, the closing date was changed from February 22 to June 1 so the sellers would have the time to sell the lumber mill equipment and remove it before the closing. Saunders recommended that “we hold off [on accepting the changes] until the new Board member is sworn in.” “Things have been changed in the contract so we should begin again with a vote,” he said. Town Attorney Donald Tate said that “the changes are immaterial,” meaning, he explained, that legally they did not affect the force of the contract. And when Highway Superintendent Jim Winn asked if  the Town was going to publish requests for bids for a new tandem axel truck, Saunders said, “I want to know how much will be budgeted every year.” Supervisor Jaeger replied that there was already $19,000 in the budget for 2011, and he recommended that the purchase process begin soon before the truck that the Town expects to trade in loses too much value. The trade-in already has 130,000 miles on it and might need an engine replacement soon. Saunders said, “We have a new Board member; let her vote on the truck.”
Winn had asked about the truck purchase because he didn’t want to waste time working on the specifications if there was no chance that the purchase would be made. Jaeger recommended that Winn develop the specs, and Winn agreed to do so by the workshop meeting on January 27 even though, he said, there would be no real figures to base a purchase on until formal bids were received. He estimated the cost would be between $175,000 and $180,000. Tate reminded the Board that they always have the option to reject the bids.
Fire Protection For Taborton
The Board breathed a collective sigh of relief when another controversial issue was raised by a Berliner from the Taborton area, an issue that they have nothing to do with. The Berlin Fire Commissioners have decided not to renew a contract with the Taborton Fire Department (Sand Lake Fire District #3) to respond to fires on the Berlin side of the town line. The service would have cost $6,600 and would have risen in subsequent years. The lady from Taborton said that her house is 2.3 miles from the Taborton Fire House and 13.5 miles from the Berlin Fire House. “There is a five minute versus a 26 minute response time,” she said. The Fire Commissioners have chosen Bruce Hake, Jr. to be their point man on this issue, and any residents with questions should call Hake at 423-4357. Also, the Fire Commissioners’ meetings at the Berlin Fire House on Community Avenue, on the first Wednesday after the second Tuesday, are open to the public.
Sitting Around The Pool
Expressing a newly found penchant for sarcasm, probably caused by too many hours plowing last week, Superintendent Winn, when asked for his Highway report said, “We’ve just been sitting around the pool.” And then, “Plowing roads is just like plowing driveways – everyone wants to be first.” He said that the Highway Department has been lucky since neighboring towns have had trucks on their side, in ditches and rolling over while Berlin has only had a few sander breakdowns.
Two bids to supply highway materials to the Town were received – one from R.M. Bacon from Hoosick and one from Quality Construction on Watson Road in Cherry Plain, owned by Bill Hammersmith. The Board voted 4-0, in a roll call vote, to accept the Quality Construction bid. Quality Construction bid $7 per cubic yard of sand, $4.75 for screened cobble stone, $5 for bank run gravel and $7 for Item #4 gravel, all FOB on Watson Road versus $8.25, $7.85, $6.45 and $8.75 FOB in Pittstown. According to Winn, Berlin purchases almost all of its materials FOB and trucks its materials from the vendor’s location.
Supervisor Jaeger announced that Empire Ambulance is being housed in the Berlin Fire House. According to Tammy Osterhout, the Berlin Rescue Squad will be the primary responder in Berlin while Empire will serve the entire Route 22 corridor and back up Berlin if necessary. Empire is just testing the location, and there will be no cost to the taxpayers, she said. Residents with questions should call Bill Osterhout at 658-2924.
The Board voted 4-0 to approve a Justice Grant application by Joe Rechen for electrical work in the Town Hall. Most of the improvements will be in the Justices’ office and the hallway. Rechen said that there was no airflow in the office and it is extremely ill lit. New lights will be installed, and the exhaust fan will be reactivated, leading to less use of the air conditioner. The grant will also address the plaster on the walls and ceiling of the hallway and provide adequate wiring for the dehumidifiers in the basement.
Other Business
The Board voted 4-0 to endorse the grant application by TRACS for $200,000 to educate the children and parents in the School District about alcohol and drug abuse.
The Board will look into applying for a DEC grant to pay for the management plan for the forest land owned by the Town. Such a management plan might cost $1,500 to develop.
Ivan Wager reported that the sliding door at the Transfer Station had to be replaced and that a refuse container needs four new rollers at a cost of $65 each plus installation. He also said that Eddie Jones will take care of the paperwork and collect money while Wager is away in Florida.
Berliners were asked to be aware of the fire hydrants and not plow or shovel snow over them.
Code Enforcement Officer Allan Yerton reported that the County has boarded up the front door of the dilapidated house on North Main Street across from the Baptist Church. The County is still looking into the legality of tearing it down, he said.
As Assessor, Allan Yerton reported that property tax exemption applications have been coming in. The deadline is March 1. He also said that new Assessor Stan Pettibone II will start classes soon in order to become certified.
The Planning Board will meet on January 27 to discuss further the proposed windmill law.
The Comprehensive Plan Committee will meet on February 14 to finish the second draft of the Comprehensive Plan. Tara Cinney said that the Committee hopes to present it in March and then have public input through hearings after that.
Tammy Osterhout reported that the Youth Commission is applying for an $800 grant from Stewart’s. She also announced that she would meet on February 10 at 6:30 pm in the Town Hall with anyone interested in volunteering for the Youth Commission.
BAR Vacancies
People are needed to fill two vacancies on the Board of Assessment Review. Yerton said that there should be five people on the Board before Grievance Day. Interested parties should contact Yerton. His number is on the Town website (http://berlin-ny.us/).
Changing Of The Guard
The meeting ended with Jane Fitzgerald announcing that somebody has to take over the leadership of the July Fourth Parade. Auntie Jane has been doing it for 16 years. Eighteen years ago the Fire Company, which used to sponsor it, ran out of help, she said. She said there are nine members on the Parade Committee, six are dedicated. This will be a serious undertaking for anyone who steps forward. Fitzgerald pointed out that funding is important. “Bands cost $3,000, and I’m told a parade isn’t a parade without a band,” she said. “Somebody else has to give up their dining room table,” Auntie Jane added.