by Kieron Kramer
Berlin Dog Control Officer Doug Goodermote had a disturbing, grisly tale to tell at Thursday’s Town Board meeting about two separate pit bull attacks that occurred in Town during the last month. One involved a two year old girl who was attacked in her home by the family pet. The other involved a pair of pit bulls that killed one calf and wounded two others at the Mapledale Farm on Greene’s Brook Road.
According to Goodermote, as soon as he heard the ambulance call on his scanner at around 9:30 on July 19 about an animal bite to the little girl at the bottom of Plank Road near the village he guessed it was a dog bite. At 11 he was called by a State Trooper who accompanied him to collect the dog for a rabies test that is required by State law whenever a dog bite is reported. The dog tested negative for rabies.
Goodermote said that the two year old, bitten in the face by the family pit bull, was transported by ambulance to Samaritan Hospital in Troy and immediately underwent plastic surgery. Goodermote said that the dog had been lying next to the TV and the toddler lay down next to him as she had done many times in the past. “The dog tore into her and made a mess of it; it was a real bad bite,” Goodermote said.
Normally in cases like this the dog is taken and destroyed. But Goodermote said, “The owner doesn’t want to give up the dog.” In an interview after the meeting, he added that he couldn’t just go and take custody of the dog because no official dangerous dog complaint had been filed. The two year old certainly can’t file the complaint. It is hard to imagine how happy the child will be when she returns home and has to continue living with the dog that mauled her.
On Monday, August 8, Goodermote received a call at 2:45 am from Julie Grenier on Airport Road saying that two pit bulls were trying to get into her chicken coop. She had gone outside and “got’em stopped,” said Goodermote. Luckily, she was not hurt in the process. Little did she know that the dogs had blood in their eyes, having just killed one calf and, as Goodermote said, “chewed up” two others at the Mapledale Farm. When Goodermote arrived he picked up the dogs.
The normally reticent Goodermote then went on to describe the vicious attack on the calves at Mapledale Farm. “A pit bull dog – I just – I dunno,” he said, “maybe I shouldn’t tell this. The dogs ripped the throat out of one calf and then tore into the umbilical chord and pulled its intestines out. Animals that can do that should not be roaming the streets.” Since a dangerous dog complaint was filed in this case, Goodermote took the dogs away. The pit bulls’ owners will have to come up with restitution, he said. They are neighbors of the Mapledale Farm and may settle on restitution. Otherwise the case will probably come to the Berlin Justice Court. The State used to prosecute these cases, but, said Goodermote, since the State delegated the dog licensing to local municipalities they no longer take this responsibility either.
Last month Goodermote reported on a dog on Southeast Hollow Road that was being a nuisance to its neighbors. He had talked to the owners who apparently have done little or nothing about controlling their dog, and he continues to get complaints about it. Goodermote said that the next time he gets a call on this, the case will go to court.
The Town Board authorized a rabies clinic to be held in October.
“Other than that, things have been kinda quiet,” Goodermote said in his best matter of fact tone.
Comprehensive Plan Moves Forward
At its workshop meeting on July 28, the Town Board appointed itself the lead agency in the State Environmental Quality Review (SEQR) process that must be followed in order for the Town to adopt the Comprehensive Plan. The Board filled out an Environmental Assessment Form (EAF), issuing a negative declaration of environmental impact for the project – meaning there is no adverse environmental impact. The revised Comprehensive Plan, the SEQR document, the EAF declaration and the notice of the public hearing on September 8 at 7 pm in the Town Hall before the regular meeting are all posted on the Town’s website (http://berlin-ny.us/). The two larger files are PDFs that can be downloaded; the smaller files can be seen or downloaded. Town Supervisor Rob Jaeger has yet to notify the surrounding towns that may have an interest in Berlin’s Plan of the public hearing, but he said he would do so shortly. He said the list of towns he will notify is also posted on the website. Jaeger again thanked Rensselaer County Economic Development Planner Linda von der Heide for her expert help at the workshop.
A Possible Article 78 Filing
At the workshop the Board discussed a letter signed by “101 people who were dissatisfied with the outcome of Berlin Lumber and which alluded to a possible Article 78 filing,” according to Jaeger. An Article 78 filing is a Proceeding Against Body or Officer. The three questions relevant to the Berlin situation that may be raised in a proceeding under this article are:
1. whether the body or officer failed to perform a duty enjoined upon it by law; or
2. whether the body or officer proceeded, is proceeding or is about to proceed without or in excess of jurisdiction; or
3. whether a determination was made in violation of lawful procedure, was affected by an error of law or was arbitrary and capricious or an abuse of discretion…”
It is a reasonable to assume that the basis for the complaint would be the fact that the Board did not follow the will of the voters as expressed in the referendum that approved the expenditure of the Capital Reserve Fund to purchase the Berlin Lumber property for use as a municipal center. Three Board members were named in the letter, Jaeger said.
Jaeger brought this up in an off hand manner. Highway Superintendent Jim Winn had missed the workshop, and Jaeger asked him at Thursday’s meeting if had received his copy of it. Then Jaeger felt obliged to announce the letter and also felt obliged to answer questions about it after the meeting. He said that he did not want “to make a big deal out of it” and thought that the letter was just trying to make a point. Since the Board passed a resolution, common in most towns, indemnifying Board members against lawsuits, the Town would have to hire a lawyer and pay to defend the actions of the three Board members against whom the Article 78 would be filed. Not only is this an expense the Town cannot afford, none of the Board members in question, with the exception of Jim Saunders who is a holdover, are seeking re-election in November. By the time the case is decided, the makeup of the Board will be quite different.
So it would be a moot point if it were not that there are consequences to ignoring the will of the voters. Disenfranchising voters is never, or never should, be moot. The letter also shows that there is still a good many people angry about the outcome of the whole Berlin Lumber debacle. An unfortunate consequence that may last a long time.
No Space
Both Board Member Sheila Hewitt and Space Committee Member Dave Theriault did not attend the meeting Thursday so there was no discussion at this meeting about developing the Watipi Building for use as the Town offices. The Board did, however, vote 4-0 to accept the bid from the Edgeco Company of Cohoes to remediate the mold in the Watipi for $4,480. Jaeger had obtained a bid from another company that would do the job for $18,600.
Youth Programs
Tammy Osterhout reported that the Summer Recreation Program had ended with a fun-filled day where everyone “because it was so hot just played in the water from a hose from Pastor Matt’s house.” Then they ate dirt, which Osterhout explained was chocolate pudding with chocolate cookies and gummy worms. She declared the program a success and showed to the Board some examples of the arts and crafts the kids worked on. They were made out of found objects like CD cases and plastic food containers, and the kids used dust mops, spatulas and tooth brushes to apply paint. One was an insanely large coffee filter that had been stained with water colors.
The swim program has begun, and there are more participants than anticipated. There are 70 kids signed up, which is ten more than budgeted. At $40 per student the overrun would be $400 if it were not for the use of the $200 Stewart’s grant earmarked for lifesaving lessons. Lifesaving lessons were not offered this year. The bus to the pool would be unable to accommodate so many swimmers, but many parents are driving their kids up to the Hoosick Town pool, said Osterhout.
Water
Water District #1 Supervisor Len Clapp reported that there had been a leak in the system, which serves the Taborton area. The leak has been fixed and “everything is running smoothly again,” Clapp said.
Jim Winn, who supervises Water District #2, reported that “all is quiet.” He has not yet arranged to install the water meter at the Berlin Elementary School. Although he has gotten some prices for the meter, he has not yet gotten a quote for installation. He wanted confirmation about who is paying for the meter and its installation. Town Clerk Anne Maxon said that the car wash on Route 22 paid for their own meter. Jaeger said that the Town will back charge the school for the purchase. “We have to get it going as quick as possible,” he said. Once school starts there won’t be many opportunities to put in the meter. The meter will be able to be read remotely, as will all of the water meters that will be installed in Water District #2.
Signs
Most of the discussion about the highways had to do with signs – road signs, stop signs and welcome to Berlin signs. Board Member Jim Saunders asked about road signs for Dutch Church Road. There used to be signs with the road’s name but they are missing, and the County signs now just refer to the road by its number. Highway Superintendent Winn has put up two Dutch Church Road signs on the Berlin end of the road but they have disappeared, too. Berlin cannot put signs on County Roads, but there are old signs that were never taken down that identify the County roads by name rather than by number in some places in town.
Then there is the intersection of Bly Hollow Road and Watson Road that was discussed last month. The sentiment at this meeting was that a stop sign would be needed at that intersection. Winn said he would ask Scott Gallerie, of the County Highway Department, to come look at the intersection and make a suggestion. Permission from the NYS DOT would need to be gotten before a stop sign could be put up at the intersection.
One of the welcome to Berlin signs on Route 22 was knocked down, Winn said. He implied that a large truck, perhaps a State Highway truck, may have made contact with the sign but in an exchange after the meeting would not elaborate. Jaeger said that the sign was in bad shape, with rusted bolts, and could have fallen in a high wind or by its own weight or some such. It was noted that both signs are in need of refurbishing, and Jaeger suggested that they be moved farther up and down Route 22 to be closer to the town line. At present they are near the village outskirts. Winn said he would check with Gallerie about reinstalling the signs.
Winn also reported that the Highway Department has been ditching and cleaning up the roads, putting down gravel and preparing for chipsealing. He also said that the FEMA money reimbursing the Town for some of the expense of cleaning up after the storm last winter was received last week. The FEMA payment was $25,073.76.
Cherry Plain Cell Tower
There has not been much progress in getting the cell tower in Cherry Plain on line. Jaeger suggested that anyone with Verizon Wireless service should dial *611 and complain about the lack of service in that area. He suggested that people mention public safety as an issue since there have been several accidents in the area. Billy Hammersmith, who lives in Cherry Plain, said that he had called 911 by cell and his call went to Pittsfield, was transferred to the Brunswick State Police barracks and then transferred to the State 911 system. “It took two minutes,” he said. “That is the point of [having] the new tower; the strongest signal gets the 911 call,” said Jaeger. Code Enforcement Officer Allan Yerton said that Mariner Tower, the company that built and owns the tower, “did their job in a very timely manner.” Doug Goodermote, on whose property the tower was built, said, “Verizon is dragging their feet.” Jaeger said, “We’ll keep pushing.”
Due to space considerations the rest of the Berlin meeting will be reported next week.