Kinn Leaves $30,000 To The Town Of Berlin

by Kieron Kramer
Berliners received some news of great generosity at the Berlin Town Board meeting on June 9. Margaret Kinn, who lived next to the Town Hall, has left Berlin a total of $30,000 in her will, $25,000 for general use by the Town and $5,000 earmarked for the Youth Commission. Town Supervisor Rob Jaeger said that the money given to the Youth Commission would be booked in a separate budget line to keep the funds segregated for Youth Commission use only. It has not yet been determined how or when the $25,000 will be used. There will be some delay in obtaining the funds since the will must be probated. Margaret Kinn died on May 16, three weeks shy of her 101st birthday.
Meeting Moved To Fire House
Jaeger moved the June 9 regular meeting to the Berlin Fire House because there were about 40 people in attendance at 7:30 pm in the Town Hall. At last month’s meeting Tammy Osterhout had announced that the Berlin Fire Department was offering use of the Fire House to the Town whenever the occupancy limit was reached in the Town Hall, and so it happened the very first meeting after the offer. The occupancy limit in the Town Hall had been fifty; it is now 36. Code Enforcement Officer Allan Yerton felt obliged to give the reason for the change at the end of Thursday’s meeting.
According to Yerton, spaces used for public assembly must be reevaluated every time the Building Code is updated. He said that the occupancy limit must be based on the worst case scenario for use. Since the Town Hall is also used by the Berlin Justices, the worst case is a trial by jury. Yerton said that Town Justice Joe Rechen expects to construct a jury box for six people and to use the space to the left as you enter the hall as a conference area for lawyers and their clients. Tables for the prosecuting and defense attorneys will also be set up during trial. After calculating the square footage left for occupants after these upgrades to the court, Yerton determined that the new occupancy limit is 36. Since the attendance at the Town Board meetings has been about 40 to 50  for most of the meetings during the last year or so, it seems that the Fire House will have to be used every second Thursday of the month from now on. Whether the Fire Department had this in mind when they made the offer last month is another question.
The Fire House is a nice place to hold meetings. Parking is easy. The building is large, has plenty of air, several bright red trucks and sound effects. The telephone ringing, the squawk of the scanner, the electronic tones that precede a bulletin from the County Emergency Communication System and the pneumatic pump that cuts in on its own all serve to add a little excitement and diversion to the meeting.
The Watipi Resolution Tabled Indefinitely
The resolution introduced prematurely last month by Board Member Sheila Hewitt that was to appropriate $160,000 from the Capital Reserve Fund to renovate the Watipi Building into Town Offices with space for use by the American Legion which was tabled last month was tabled indefinitely at this meeting. After listening to Town Attorney Don Tate, who had researched the legal ramifications of the resolution as presented, all Board Members and Space Committee Member Dave Theriault, who is researching the project, readily agreed to tabling the resolution until more information about the project could be gathered. Tate advised Hewitt to reword the resolution using specific dollar amounts for the money being appropriated – particularly the phrase that stated “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.” Tate also told the Board that a resolution appropriating public funds cannot state that private organizations, like the American Legion, are the beneficiaries of the public expenditure.
According to Tate, the original terms when the Capital Reserve Fund was set up were that the money would be used for a new Town Hall or a new Town Highway Garage. Renovating a building for Town Offices does not satisfy the original terms, he said. However, the Board can establish another budget line and transfer funds from the Capital Reserve Fund into the new budget line. Tate said that this mechanism would have to be used, essentially changing the original purpose of the Capital Reserve Fund. So, when all the facts and figures are established for the Watipi Renovation project a resolution can be introduced transferring the funds. Since this action is subject to a permissive referendum, a notice would have to be published and a month would have to pass before the transfer could take place. During this month those opposed to the transfer would have time to gather signatures on a petition requesting a referendum. The number of signatures on the petition would have to equal five percent of the votes cast for governor in the last general election. If the transfer and expenditure is approved, the Board can decide to spend the money, or not. But, if permission is not given to transfer the funds, the Board cannot make the transfer. Tate said it would be a misdemeanor for the Board to do so without permission from the public. This is the same procedure used in 2004 when the Board voted to purchase five acres near the transfer station from Bill Craib for $10,000 an acre. That petition was organized by Sheila Hewitt before she was on the Board and permission was not given for the purchase. Tate said that the referenda held on the Berlin Lumber project were done under a different section of the municipal law.
Dave Theriault has spent hours researching the deeds of Town property on file with the County to establish the footprint of the Watipi Building, the Town Hall, the Highway Garage and the Cherry Plain Polling Place as well as the acreage of the Town owned woodlot on Comstock Hollow Road, which, he said, was 120+ acres. The deed transferring the Watipi Building to the Town by Ted and Tommy Cowee has no restrictions on its use but clearly states that the gift is “for the enjoyment of the Town.”
Town Supervisor Rob Jaeger said that the estimate of $160,000 for the complete renovation of the Watipi seemed low. Using the estimate of $165 per square foot, the amount he said that was used to project the cost of the Highway Garage renovations in the past, he figured that turning the Watipi into Town Offices would cost closer to $257,000. “Even at $160,000 I have serious reservations about putting this much money into this building; it seems like overkill.” Theriault’s research concluded that the Watipi Building was built in 1830.
Allan Yerton suggested that the problems on the outside of the building must be considered first. Since the Watipi is directly across from the Fire House doors and the street there must be kept clear as a fire lane, people doing business in the Town Offices cannot park on the street. Yerton added that the Fire House parking lot is private property, owned by the Berlin Fire Department, Inc. They may not want to give permission for continual use for municipal purposes. Yerton said that the “pre-existing, nonconforming” septic system at the Watipi is allowed now, but if a large renovation is planned the septic system will have to be brought up to code. There is not much room on the lot for a leech field so the County Health Department would have to decide what kind of system would be allowed. Billy Hammersmith guessed that a high tech system might be required and could cost as much as $75,000.
At this point in the discussion Attorney Tate suggested that the Town Board go into executive session. The Board voted to do so without any statement about the specific purpose of the executive session. Eight minutes later they returned and voted officially to table the resolution.
Mold
Doug Donzelli of the Edgeco Company in Cohoes inspected both the Town Hall and the Watipi for mold. Donzelli found white mold in both buildings. White mold about ½ inch thick was found in the Town Hall basement near the front wall at the bottom of the blocks where the moisture collects on the dirt floor. Jaeger said that the dehumidifiers have helped quite bit. He also reported that the sill at the side door and the door jamb have been raised one foot to keep water from rushing into the basement. Donzelli suggested a direct application of advanced cleaning solution and the placement of a vapor barrier on the dirt floor. The estimate for this work is $2,200, primarily because mold remediation requires enclosing the area, creating negative air pressure in the enclosure, wearing protective suits and using HEPA filters. Theriault suggested that concrete be poured on the dirt floor after the remediation.
The Watipi has white mold in the attic and in the  basement, which is approximately six feet deep also with a dirt floor. The work in the Watipi was estimated to cost $4,480. Jaeger said that Edgeco’s inspection gives a scope of work and estimate and that other companies might present proposals. “Since we have identified the mold, we have to take care of it,” Jaeger said. Theriault suggested waiting on the mold work at the Watipi until the entire plan for the building is developed.
Jaeger also reported that Edgeco discovered three cylinders containing a “nasty liquid” in the Town Hall basement that will need to be disposed of according to DEC regulations. Jaeger’s guess is that these were power sources for the original phone system, dating back to 1850. This may be a costly project.
Town Hall Drainage
The discussion of mold at the Town Hall naturally flowed into a discussion of the drainage problems there that have been unsuccessfully dealt with in the past. Where the water comes from and where it is supposed to go and why it doesn’t go there are all debatable issues. Are the building’s footings below the catch basin? Where is the pipe that is supposed to lead into the catch basin? Where is the pipe that leads out of the catch basin? Although a rough verbal estimate has been made by Duane Goodermote, Jaeger said more information is needed. Four bids will be solicited, he added. The money saved from the Justice Fund grant for window replacement, which was received in April, will fund the drainage project. The money must be spent by the end of August according to the grant terms. Dave Theriault offered to “honcho” the project so that it could be completed and paid for by the August deadline.
Beds Planted
Reporting for the Beautification Committee Don Calman said that “fifty some odd hours” were spent planting the fifteen gladioli beds. The blooms should appear mid-August, he said, however there may be some early bloomers. According to Calman, the person who pulled the bulbs out of the beds last fall “didn’t do a good job” so some of the old bulbs are starting to  grow now. Even though the beds were rototilled, the bulbs weren’t disturbed, and the heavy snow cover protected them over the winter. The result is that some of the beds will have some early blooms and some beds may have mixed colors.
The rest of the Berlin meeting will appear in next week.