by Kieron Kramer
The most dramatic event at the Berlin Town Board meeting on May 12 was the resolution presented by Board Member Sheila Hewitt to spend $160,000 out of the Capital Reserve Fund to turn the Watipi Building into Town offices. The resolution was seconded by Board Member Becky Giumarra. However, before the Board voted, the strong suggestion by Town Attorney Don Tate that he be given the time to look into the legality of the expenditure this resolution contemplates convinced the Board, that is Hewitt and Giumarra, that the resolution should be tabled.
Aside from the shock of spending this much money on the Watipi Building was the shock that this resolution was presented without any warning and without any preliminary discussion let alone the in depth discussion that would seem to be necessary with an expenditure of this size. Earlier in the meeting, when Hewitt, as head of the Space Committee, was asked to report she said only, “The space committee has met, and we have a motion to bring up under new business.” Later, when asked why now? Hewitt said, “We wanted to provide office space for Anne [Maxon, Town Clerk] as soon as possible. This is an historic building that should be renovated and used.” Town Supervisor Rob Jaeger asked, “What’s the rush?” The issue of adequate office space for the Town Clerk and the other Town officers has been on the table for 18 months. What you have here is just an outline, Jaeger said. Hewitt replied, “Well, you have to start somewhere.” Dave Theriault, who is on the Space Committee and who measured the Watipi square footage, said, “We would like time to develop a concrete plan and would definitely like it to be put to a referendum.”
The resolution Hewitt read said, “In the interest of preserving and maintaining our current building inventory and taking into consideration the proposed Comprehensive Plan, the appointed members of the Space Committee recommend…That the Town of Berlin Town Board hereby resolve to:
A. Allocate $160,000 from the Capital Reserve Fund to renovating the Watipi Building to make office space for the Town Clerk, Assessors, Tax Collector, Code Enforcement Officer, Supervisor, Planning Board, Zoning Board and shared conference room facility to include use by the American Legion;
B. Allocate the remaining funds to reconstruct and/or expand the old shed at the highway garage and renovate the existing garage structure, so we can house all our highway equipment and vehicles and maintain office space for our highway personnel;
C. Continue using our current Town Hall as a meeting space, the Town Court and office space for the Justices.”
Hewitt said that she had arrived at this figure for the Watipi renovations by consulting with Bruce Hake, who works at an architectural firm in Williamstown. Hewitt said that Hake gave her an “industry standard” figure per square foot for complete renovations, to which she added $10,000 for site work and 15% for contingencies for a total of $160,000.
After the meeting Hewitt said, “In this economic climate, we need to use the buildings we’ve got.” This is a perfectly reasonable point of view if you don’t believe the economy is cyclical or that the United States won’t overcome its economic difficulties any time soon. But who knows? The big question is whether “the current building inventory” is adequate to provide the office space and garage space that everyone now seems to agree is needed.
At Thursday’s meeting the public voiced the same objections to the use of the Watipi Building for Town Offices as they did 13 months ago when the Space Committee first offered this solution. One objection is lack of parking at the Watipi. But parking might not be that big a problem if these are Town offices only and the Town meetings are still held in the current Town Hall as recommended in the resolution. Another objection is the mold in the building – a problem that everyone agrees exists. Dave Theriault said that unless the Town wants to get rid of the building, the mold problem will have to be fixed whether the building is used as Town offices or not. After a discussion about the effect of mold and the difficulty of getting rid of it, Supervisor Jaeger said that he would find a certified mold tester and remediator to inspect the Watipi and give an estimate. One concern is that the septic system at the Watipi needs upgrading, but this may be included in the 15% Hewitt added to the expense for contingencies. Another objection is that the Watipi was given to the Town by Ted and Tommy Cowee for use by Berlin’s youth. The Cowees let the Campfire Girls and the Boy Scouts use it, starting in 1954. Currently, the American Legion meets there, and the Town Board holds its monthly workshop on the last Thursday of the month there. The Youth Commission used to hold its summer recreation program there but moved last summer to the Berlin Seventh Day Baptist Church because of the mold. The Youth Commission’s equipment is still in the Watipi, and Tammy Osterhout asked where that stuff was supposed to go. The last time this topic came up it was stated that the language of the Cowee gift did not preclude the use of the building for other purposes. JoAnn Kellar said that the gift was never intended to provide Town offices and that in those days “shaking hands was good enough.”
The second part of the resolution, that the remaining funds in the Capital Reserve Fund be allocated to expanding the current Town Garage, means that approximately $427,000 would be available for work at the Town garage. That is if $160,000 really does cover the construction at the Watipi (there are no drawings or plans yet). When asked after the meeting if she had a ballpark figure for the cost of the expansion at the garage, Hewitt said that she had no idea. “This is just a general plan,” she said. A salt shed and a washing station don’t seem to be included in the plan.
The last time the issue of a new Town Garage was seriously being considered, in March of 2006 during the tenure of Town Supervisor Sandi Slattery, the Town had hired Butler, Rowland and Mays, Architects, from Mechanicville for $5,200 to determine the best solution and location for providing adequate garage facilities. In the March 2006 meeting Rowland concluded that the “existing garage has been used beyond its expected and useful life.” It is not energy efficient, has numerous code violations and any additions or renovations would be extremely difficult because of the size of the parcel, he said at the time. Also, the Highway Department would like a salt storage shed, and there is not room for it on the current garage property. Rowland felt that a 70’x101’ pre-engineered metal building with a five bay garage, office and storage space would meet the Highway Department’s needs. Rowland said, “The more we looked at it, the existing site is really unsuitable and would be more valuable to the Town with a different use.”
The third part of the resolution, that the current Town Hall continue to be used for Town Meetings, is perfectly reasonable especially since Jaeger announced at this meeting that the Fire Company was offering the Fire House as a meeting site if the occupancy limit at the Town Hall is exceeded. In recent memory, the meeting has only had to be moved to the Fire House a few times. However, every other town in the Eastwick area has, or in the case of New Lebanon dearly wants, its assembly room and its town offices to be in the same location.
Although it may have been on peoples’ minds all along, at this meeting the feeling that Cherry Plain is being discriminated against was expressed for the first time. “You want to keep everything in Berlin,” said Sharon Clapp to Hewitt, “but we are residents, too. We pay taxes. Why can’t we have an office there.” Hewitt agreed and suggested that the Cherry Plain Polling Place could used for the tax collector’s office if a well was drilled there. The Cherry Plain Polling Place was closed in early 2009 by the State Election Department because it is not handicapped accessible, and the Town has considered selling it but has not yet decided to do so. The proposed municipal center at Berlin Lumber would have been located in Cherry Plain.
Supervisor Jaeger said after the meeting that he thinks the Town cannot allocate funds from the Capital Reserve Fund to provide new office space only. He said, “The wording of the resolution that established the Capital Fund says ‘New Town Hall or Garage’ not new Town offices. There would have to be a referendum to change the current fund.” Presumably this is what Tate will be researching along with whether this resolution would need a permissive referendum to be effectuated. Jaeger said that he thought that if this plan came to a referendum, as he thinks it must, it will be soundly defeated. Perhaps it will, perhaps not. Some may vote for or against the plan to use the Watipi Building for Town office space based on its merits; some may vote against it as a show of displeasure about the scuttling of the Berlin Lumber purchase. The problem is that Berlin doesn’t have many choices left, if any, to solve its space problems. In any event, it might be wiser if the Berlin leaders took a deep breath and took some time for calm contemplation before spending any more money.
deLeon Appointed To Board
Other important events took place at this meeting. Richard deLeon Jr. was appointed to fill the seat left vacant by Richard von Schilgen’s death for a term to end on December 31 of this year. In keeping with the procedure approved at last month’s meeting nominations were accepted from both political parties in Berlin and letters of interest accepted from any resident wishing to serve. One letter of interest was received. It was from Leonard Clapp, former Highway Superintendent and current President of the Little Hoosic Watershed Association. The Democratic party nominated Dean Maxon and Christopher Baretsky. The Republican party nominated Deputy Supervisor Tara Cinney-Fisher, Robert Michaels and Richard deLeon Jr. In apparent violation of the NYS Open Meetings Law, Sheila Hewitt made the motion to go into executive session to discuss the candidates. As a result the public will never know why deLeon was chosen over the others; no explanation was given when the Board returned to the public meeting. Sheila Hewitt made the motion to appoint deLeon which was seconded by Becky Giumarra and approved unanimously.
Comprehensive Plan Presented For Review
On behalf of the Comprehensive Plan Committee Rensselaer County Economic Development Planner Linda von der Heide presented a synopsis of the Plan to the Board and to the people in attendance. The draft of the full Plan, which is 99 pages long, can be downloaded from the Town website (http://berlin-ny.us/) and copies are available to be read at the Berlin Library, the Bank of America and the Town Clerk’s office. Von der Heide said that only eight people came to the public hearing on May 3, but the comment period is still open. The next public meeting is June 13 at the Library at 7 pm and comments should be presented by then. Von der Heide started working with the Committee in 2006, she said, and a lot of the Plan is based on public workshops and the ideas of the members of the Comprehensive Plan Committee. She recommends that people look at the Plan. The comments presented for the June 13 meeting will be reviewed and may be added to the Plan before it is presented to the Town Board. The Board would then do an Environmental Impact statement, hold a public hearing and then vote on the Plan. The vision of the Plan is that, “Berlin will maintain its rural character and natural and historic resources while including diversified housing, local employment opportunities as well as health, technology and business services.” Jaeger added that it includes the goals of Berlin’s hazard mitigation plan to conform to the County Hazard Mitigation Plan which will provide access to FEMA funds in case of a disaster. Von der Heide said that there are lots of grant possibilities but most agencies want a comprehensive plan in place. In conclusion Jaeger thanked von der Heide and said, “We have spent money on consulting firms and didn’t get one tenth of what Linda von der Heide did for us for free.”
Reports
Len Clapp reported that Water District #1 has been inspected by the Health Department and “is open for business.” His license expires in August, and he has applied for a renewal, he said. He has also signed up for training classes and said he has the money in his budget to pay for them.
Jim Winn reported that “all is quiet” in Water District #2. He has contacted Cummins Northeast, LLC to do a service on the generator.
As Highway Superintendent Jim Winn said, “It’s finally stopped raining; now we can get stuff done.” He said there is a little more patching to do but the Hot box got repossessed.” Winn had been borrowing a hot box from Nassau to do the patching. He told the Board that the salt contract under the County bid needs renewing by May 20. The Town contracted to purchase 150 tons of salt last year, and Winn suggested doing the same. Later in the meeting the Board voted to renew the salt contract with the same terms as last year.
Bark Is Way Worse
Dog Control Officer Doug Goodermote reported that the rabies clinic went well. He said 115 to 120 animals came through the clinic. There have been three or four complaints about barking dogs. Goodermote added, “The situation on Airport Road has flared up again.” He was referring to a barking dog incident that had gone to court with the owner being ordered to build a fence. He said, “The fence is only half up; it’s a disaster and will probably end up in court again.”
Dave Theriault reported for the Zoning Board of Appeals (ZBA) that there will be a public hearing on Palmer Apparel on May 19. The Town Board voted to appoint Vic Lewin to replace Don French as ZBA Chairman. Theriault will now become a regular member of the ZBA, and Susan Womersley will become the first alternate member.
Chairman of Assessors Allan Yerton reported that the Tentative Property Tax Assessment Roll is ready for review this month and grievance days have been scheduled. So far he has only had one complaint, Yerton said. He said that there is new State law that if a town has a website the tentative roll must be posted. Jaeger said it has been posted on the Berlin website.
Tammy Osterhout reported that the Youth Commission has set the dates for the summer recreation program, starting July 5 and running for three weeks at the Seventh Day Baptist Church, and the summer swim program, August 1 to 12 or August 8 to 19 at the Town of Hoosick pool. The deadline for registering for the recreation program is June 19. Information about the Youth programs is available on the Town website. Jaeger announced that the Cherry Valley Soccer Club donated $130 to the Youth Commission. This soccer club was begun by Charles Gutermuth and is now defunct.
New Transfer Station Rates
Ivan Wager reported that he had reached an agreement with JGS Recycling of Waterford to accept electronic items from the transfer station and they have done their first pick up. Computers, VCRs, microwaves and small appliances will continue to be accepted at the station, and there will be no charge for them or for household batteries. Televisions, computer monitors, propane tanks will need tickets. The new rates for the station are available at the station and are posted on the Town website.
During Public Comment an update on the cell tower in Cherry Plain was asked for. Doug Goodermote, on whose property the tower has been erected, said that he had talked to Mariner Towers to ask about the delay. All he could report was that Mariner said that there are four towers in the works and the contractor will do all four at once. Jaeger said, “We do need to get it up and running, there is only sporadic coverage by Verizon down there.”
Jim Winn reported that construction on Route 2 is supposed to begin the week following the Board meeting. Three hundred and twenty culverts will be replaced from Brunswick to the Fire House in Grafton and the road will be “milled and filled.” Paving will take place later. Winn said, “They are starting in the Brunswick end; we’re trying to get stone drawn before this happens.” Old Route 2 just past the Grafton Lakes State Park will be used as a detour.
Other Business
Town Historian Sharon Klein said that the Berlin and Poestenkill historical societies are working together on a program about Cowee’s.
Code Enforcement Officer Allan Yerton reported that there has been a lot of action – two building permits. He also said that the house on North Main Street has been taken down by the County at no cost to the Town. The debris has not been removed yet however.
Pam Gerstel reported that a 5 acre subdivision with a log cabin near her house on Route 22 has been “settled.” “These are nice people moving in,” she said.
Billy Hammersmith thanked Winn and the Highway Department for helping his mine in Cherry Plain obtain its annual certification. The Town Highway Department workers have to be trained and tested every year on using heavy equipment at the mine site.
The Town insurance agent will be contacted to see if the fire fighters in Town can purchase health insurance through the Town’s health insurance policy. This is like a COBRA policy said Town Attorney Tate, and he will look into seeing if the Town needs to pass enabling legislation.