Berlin Town Board Action – Dog Rights

by Kieron Kramer
“They have the right to walk up and down the street if they behave themselves,” said Dog Control Officer Doug Goodermote at the Berlin Town Board meeting on Thursday, March 8. This clear statement of dog rights was necessitated because, according to Goodermote, people have been abducting dogs from the streets of the village and taking them to Goodermote’s kennel in Cherry Plain. [private]“I don’t mind them bringing the dogs,” he said, “but the owners get upset when their dog is scooped up and taken away. They want to know what the dog did wrong.” “He walked by Stewart’s” is the answer Goodermote gives. “People don’t understand that we have no leash law in Berlin,” he said. So, in Berlin, a dog can go out for its constitutional unfettered.
One dog arrived at the kennel mysteriously, while Goodermote was out and his father was there. Goodermote asked his father whose dog it was. “I dunno,” was the answer. “Do you know who brought him in?” “Nope, but she seemed to know you,” his father said. Goodermote again told the meeting Thursday, “Dogs do have rights to walk the street without being picked up.” Some wag at the back of the room said, “They’re just going to Stewart’s to get something to eat.”
Rabies Clinic
Goodermote also announced that he had picked up two strays and returned them home and that a Rabies clinic has been scheduled for April 19 at the Berlin Highway Garage on Route 22. All rabies vaccines, dog-DHLPP vaccines and cat-FURCP vaccines cost $10 each; cash only! Cats will be treated from 6 to 7 pm, dogs from 7 to 8 pm. Anyone with an animal needing shots are welcome. Call Doug Goodermote at 658-3308 if you have questions.
Hazard Mitigation
The evening began at 7 pm with a public hearing on the Rensselaer County Natural Hazard Mitigation Plan. County Economic Development Planner Linda von der Heide summarized the plan and answered questions. According to von der Heide, in 2004 the Federal government approved a requirement by FEMA that local municipalities produce hazard mitigation plans. “We [Rensselaer County] are very late; it was due eight years ago,” she said. The Plan looks at all possible natural hazard contingencies and how to lessen the impact of these events. Some of the hazards it considers are extreme winds, tornados, hurricanes, earthquakes (just a possibility she said), hailstorms, floods, wildfires, lightning and others. It looks back to 1954 to determine the possible hazards for particular areas in the County. For instance, historically, Berlin has had no dam failures and no ice jams. She said there was very little flooding during last fall’s storms compared to some of the towns west of Berlin. She credits this last impact to the work of the Little Hoosic Watershed Association in “maintaining” the river.
The Plan calls for outreach for preparation and raising the awareness of the public, training of building inspectors and the preparation of disaster relief shelters in case people are forced to leave their homes. All of this is already included in Berlin’s Disaster Plan formulated and coordinated by Ivan Wager. The Berlin Plan deals with all forms of disaster, man made ones – an exploding propane truck, etc. – as well as the natural ones in the County Plan.
“You are the first public hearing on adopting this [Plan],” von der Heide announced on Thursday evening. In order for the County Legislature to vote to implement the Plan, most towns in the County must adopt it. After adopting it, all you have to do is review it in another five years and adopt it again, she said. The County will be the lead agency and oversee a joint SEQR review process for the participating towns. The idea is that getting FEMA funds to mitigate the damage done by natural disasters will be greatly facilitated by having the County Plan.
One resident asked if the flood plains would be re-designated in the Plan. Von der Heide said that FEMA is in charge of flood plain designations. They are in the process of reviewing the maps, which were last done in the 80s, she added. The new ones will be at a 1 to 3 foot to one inch scale and are much more accurate than the ones done in the 80s, which have a 10 foot to one inch scale. They will be completed in three to five years, she said. “If you proved yourself out [of the flood plain] at the 10 foot scale then you will probably still be out at the 3 foot scale,” she said. She added that she had been dealing with these maps for 20 years and has seen lots of errors and “wondered where in the world” the errors came from. She mentioned the map that has Wood Brook in Hoosick Falls going through five houses on Lyman Street right now.
After von der Heide’s presentation the Board voted 5-0 to adopt the Plan. The Plan is available on the Town website (http://berlin-ny.us/) for people who are interested in the details.
Tickets
The public hearing lasted only 15 minutes, and in the remaining 15 minutes before the regular meeting informal discussions were heard around the room. Some of this scuttlebutt can be quite informative. One lengthy exchange concerned a new, female State Trooper who is ardent about giving tickets to truckers on Route 22 at the Route 2 overpass in Petersburgh. The overpass has a 12 foot two inch clearance on the northbound lane and higher clearance on the southbound lane. Since Route 2 ascends at that location so must the overpass. People driving Rt. 22 at that location are used to seeing trucks heading north slow down and move over into the southbound lane in order to clear the overpass. If you are not used to it, it could be a little scary at first. According to an anonymous source at the meeting, two tickets were given recently to a trucker who was heading north, one ticket because his truck was higher than 12 foot two inches and one ticket for crossing the yellow line.
Missing Leak Found
“The leak has finally surfaced,” said Water District #2 Supervisor Jim Winn, referring to the leak in the part of the water system feeding the Berlin Elementary School and the residents on the east side of the Little Hoosic River that he has suspected was there all winter long. “The frost must have come out of the road,” he said. The leak is between Route 22 and the bridge on Park Avenue. He said it would be fixed on March 23, the next date that there is no activity at the school that can be disrupted by shutting off the water.
Highway Report
Before Highway Superintendent Jim Winn could begin his report, Town Supervisor Rob Jaeger thanked him on behalf of the school bus drivers for his quick response in making Cherry Plain Hill Road passable earlier Thursday. A school bus got stuck in the soft ruts and frost heaves. “That road was fine this morning,” Winn said. “I trowelled it out [this afternoon]; that’s all I could do.” A propane truck making a delivery on the road was blamed for tearing it up. Apparently, a UPS truck also got stuck on the road Thursday afternoon.
The Highway Department has been cutting brush, preparing crusher run and doing odds and ends. “I’d hate to see snow now,” Winn said. He also reported that he had gone to the Highway Superintendents’ Advocacy Day in Albany on Wednesday, March 7. “We spent the day in Albany begging lawmakers for money,” he said. There were 600 Highway Superintendents from all over the State attending, with 16 to 18 from Rensselaer County. Supposedly there will be no cut in CHIPS (Consolidated Highway Improvement Program) money next year and maybe even an increase. Winn recommended that anyone who hasn’t been to the Capitol should go to the “old part.” “It is very impressive,” he said.
The FEMA paperwork is ongoing, and FEMA representatives have been back this week. “It [reimbursement for last fall’s storm damage] is going along very well; FEMA has been very helpful and very agreeable,” Winn said.
Summer Youth
Tammy Osterhout announced that there are no definite dates for the summer youth program because she will be going to Orlando, Florida, with the FCCLA during the second week in July. Jaeger announced that the Board, at its workshop on Thursday, February 23, approved the use of the Watipi Building by a youth group. Julie Morse will supervise the  activities there which will take place from 5 to 7 pm on Mondays and Saturdays. Osterhout will be in charge of the program, Jaeger said. The activities – cards, games and socializing – are designed for those aged 14 to 20 years. Three chaperones are supposed to be in the building, Jaeger said.
Other Business
Ralph deLeon was appointed at the workshop to represent the Town at TRACs (Together Reducing Alcohol and drugs in our CommunitieS) meetings. He reported at this meeting that TRACs is getting  organized and is trying to get the Board of Directors set. TRACs has already sponsored a dance on March 9. “It’s going well; I’ll keep you posted,” deLeon said.
Jaeger reported that he, Board Member Richard deLeon and Planning Board Chair Pam Gerstel have reviewed the proposed  wind power law. They have created a section for small windmills, presumably residential, and suggested a $100 permit fee.
Board Member Dean Maxon suggested that the school speed limit signs at Grafton Elementary be moved to the Berlin High School in Cherry Plain. The consensus was that although the actual signs may be gone, the base units, flashing lights and power source are still there. Jaeger, who drives buses for the School District, feels the speed limit is too high on Route 22 at the high school. He thinks the lowest the limit that can be set by the signs there is 45 mph. Dean Maxon will contact the School Board to see if they are willing to have the signs moved.
Chairman of Assessors Allan Yerton pointed out that Grievance Day is coming in May. He wondered if there are enough  members for Board of Assessment Review (BAR). “I don’t want a situation like last year when it was difficult to get a quorum,” Yerton said. Jaeger said that one member still has to be trained.
The Berlin 7th Day Baptist Church has asked the Town for projects that it can take on during its planned community clean up day.
NYSEG has asked the Town to notify residents that there have been some incidents in which people are impersonating NYSEG representatives in order to get access to homes. Real NYSEG workers will have IDs, their letter said.
Jaeger announced that the Town’s insurance company, Rose and Kiernan, have notified the Town that decreases in some insurance rates will result in a 3.1% overall decrease in insurance rates for next year.
Can You Hear Me Now?
Jaeger announced that he had taken out his “frustrations” with Verizon by sending their lawyer a sarcastic email, which he read at the meeting. The unsarcastic part said, “Townspeople are constantly contacting me about lack of service; people who have supported you are upset.” Jaeger said he had also called the lawyer and given him his cell phone number but the call was not returned. Someone quipped that maybe there was no cell service in the area.
Doug Goodermote, on whose property the tower in Cherry Plain was built by Mariner Towers, has called Mariner’s project manager, Chris Ciolfi, regularly. He told Ciolfi, “You’ve got some ugly people in Berlin; they are ready to tar and feather me.” Ciolfi told Goodermote that Verizon “has just started the paperwork to get on the tower, and they are pressing forward.” Ciolfi believes Verizon will be on the tower by summer. AT&T is also interested in putting a transmitter on the tower, but they don’t want to let go of their tower on Goodermote Road. Jaeger posited that Verizon has been slow starting on this tower because they did not build it and have no money tied up in it. Mariner Tower has invested about $300,000 and would like to see service right away so they can charge Verizon rent right away, said Goodermote.
The Board voted unanimously to accept the Justice Audit from February 8.
The Board voted to create an “H” fund on the books after the Bookkeeper, Maureen Seel, spoke to the State Comptroller’s Office about how to keep the expenditures from the Capital Fund on the Berlin Lumber purchase and renovations separate from the general expenses. Board Member Tara Cinney asked if this was essentially a transfer fund, and Jaeger said that it was.
One of the bills that was read was for $10,000 to the DiFabio Law Firm; it is the deposit on the Berlin Lumber property purchase.
The Board went into a ten minute executive session to discuss the negotiations with the union that is representing the highway department workers.
Jaeger was hoping that the Thursday of the meeting would be a big day. He was expecting the papers for the Berlin Lumber purchase from the lawyers, but they didn’t arrive, and he has been waiting for a response from the union, but that too was not forthcoming. Both Jaeger and Cinney said that only the title search remains before the closing of the Berlin lumber purchase. They are just waiting for a signed contract.
The red warning light at the Watipi Building shown brightly last week. That was because the fuel oil supplier had not filled the oil tank and the furnace shut off. Many saw the light and called Jaeger, and, with the warm weather and a quick response, there was no damage done.
The people attending the Board meetings this year have really enjoyed seeing this Board at work. Several came up to Board members after this meeting and complimented them on their teamwork. Even the offspring of Board members and Town Officials who were at the meeting got such a kick out of it that they couldn’t help heckling their parents.[/private]