Berlin Town Board Action – Gone South, Death On Bly Hollow Road And A Dog Law With Bite

by Kieron Kramer
At the Berlin Town Board meeting on Thursday, January 10, Town Supervisor Rob Jaeger said that in “the next week or so” a sign will be posted on the door of the Town Hall on Main Street saying “Gone South.” All the Town officials seemed pretty excited on Thursday because the Town government is in the process of moving south into the former Berlin Lumber property on Route 22 in Cherry Plain which “in a week or so” will serve as the Berlin Municipal Center. “It’s exciting – the keys have been distributed to the department chairs,” Jaeger said. He announced that the Town Board workshop on January 24 will be held in the new complex at 7 pm; tables and chairs will be set up.
[private]Jaeger pointed out that the large desk just to the left as you enter the current Town Hall that had been used by the Town Justices has already been moved to Cherry Plain. It will serve as Town Clerk Anne Maxon’s desk in the new Town Hall building, formerly known as the Residence. Maxon said she would bring her own chair. Jaeger said that signage will be installed directing people to the Clerk’s Office. Up until this month  Maxon has operated out of her house and most of the Town’s records have been kept in her basement. “She has been gracious for the last 27 years to allow the Town use of her house, her basement and her phone,” Jaeger said. As soon as the telephone service is established in the new facility her new phone number will be 658-2161.
The Highway Department moved its trucks to the new facility within hours after the closing on January 11. Now the Department is in the process of moving its equipment, files and furniture out of the old garage next to the former Bank of America building on Route 22 into the new garage. Jaeger said the Highway Department has moved the winter road salt into the salt shed at Cherry Plain, and Highway Superintendent Jim Winn said his crew is still in the process of moving sand over from the stockpile on Sand Bank Road.
The Town Clerk’s Office, the Supervisor’s Office, the Bookkeeper and the Town Justices will be housed in the new Town Hall. The Planning Board, the Tax Collector, the Code Enforcement Officer, the Zoning Board of Appeals and the Assessors will have offices in the current office space next to the garage, in the same building as the garage,  that will be renovated for that purpose. The Highway Department office will be at the rear of the garage.
The Justices may not move into the new complex for a couple of months, Jaeger said. Since the Justices have donated their desk, Town Justice Joe Rechen asked for assistance in moving the desk from the Cherry Plain Polling Place to the Town Hall on Main Street so he can clean it up by the Wednesday following this meeting for DA night. DA night is when an Assistant County District Attorney attends a local court to prosecute the more serious offenses, like DWI, assault and the like. Winn said there was a truck available to bring the desk up to Main Street.
All this new office space will need furniture, and Jaeger has asked for donations. He will also ask the Berlin School District if the District has any extra chairs or desks they could give. The Town may go to the ERC Warehouse, now located in Melrose, NY, to buy furniture.
Jaeger said that the County will definitely be renting the front of one of the buildings in the complex. They will be moving their valuable equipment, like their paving machine, that they are storing outside at the County Garage in Troy into the building. They will also move over two emergency communications vans. A date certain for the move has not been set. After the meeting Jaeger said that newly elected NYS Assemblyman Steve McLaughlin will visit the new municipal complex to meet with the public on February 20.
Death On Bly Hollow Road
According to Jaeger, on the Sunday before Christmas a bucket truck from a utility company near Boston flipped on Bly Hollow Road, knocking down about 20 trees, killing the driver and injuring his partner. The driver was 43 and had two small children. The investigation is still in progress, so Jaeger offered this information after the meeting with the caveat that it is hearsay. The survivor had said that they had used Bly Hollow Road because it was suggested by their GPS. The truck was already going 40 mph when the driver tried to downshift on the steep incline and could not so he rode his air brakes for as long as he could. When they gave out the truck started coasting, picked up speed and flipped over into the trees just above the brook above the Bly Hollow Brewery. Jaeger estimated that the truck could have been going as fast as 60 mph when it left the road.
A letter to the Town Board from Jon Post, the owner of the Bly Hollow Brewery, about the latest incident prompted a discussion about the signage, speed limit and danger of Bly Hollow Road. Post, who was at the meeting, said, “There have been two deaths there in two years.” He said that many people use the road who are not local and don’t know how dangerous it is. “I can’t tell you how many people come to my house or brewery who have had accidents,” Post said. He suggested signs at the top of the road advising of the steep hill.
The general consensus of those present was that people just don’t pay attention to warning signs or speed limit signs. Highway Superintendent Jim Winn said that there are “Steep Hill” warning signs on Bly Hollow Road – one at the top and one just before the second steep incline further down the road. “You can put up all manner of signs and post whatever; it doesn’t matter. The [State] Troopers know Bly Hollow; they spend a lot of time at the top of the hill,” he added. There were several sarcastic suggestions, like putting up a cattle crossing sign. And there was a useful suggestion to restrict commercial traffic on the road. Jaeger thought that an addition to the present signs warning trucks to “Use Low Gear” might help. He will ask County Superintendent of Highways Scott Gallerie Sr. about adding those signs.
Speaking Of Signs
Since early 2011 the Board has been concerned with the speed limit on Route 22 in front of the Berlin Middle/High School where the school buses turn in to the school entrance and pull out of the school onto Route 22. The Town petitioned the NYS DOT for a crosswalk there which would also result in a lowering of the speed limit. In June the two District 5 County Legislators, Stan Brownell and Lester Goodermote, who represent Berlin, sent a letter to the NYS DOT and the County Highway Engineer regarding the crosswalk and the subsequent lowering of the speed limit. The Legislators asked the DOT to expedite the study.
Well the study is over, and the answer is no. Jaeger said he received correspondence from the DOT this month rejecting the crosswalk because their investigation showed that a crosswalk is not warranted. The DOT suggested that the Town install flashing yellow beacons on the existing school warning signs to emphasize the presence of a school. They would flash during school hours and activities. Needless to say, the Town Board, and Supervisor Jaeger in particular – he is a school bus driver, were disappointed in the DOT’s decision.
A Dog Law With Bite
For the first time in a long while Dog Control Officer Doug Goodermote sounded exasperated. “There is a serious problem with a barking dog on North Main Street,” he said. This is the dog that was barking near the Seventh Day Baptist Church during its activities which was discussed at an earlier meeting. Goodermote said he has visited the owner 12 times and even brought him into court. He feels his authority is being ignored. According to Goodermote the owner said, “Dogs are supposed to bark.” Goodermote said they had a deal that the dog would be kept in the house during the Church’s activities and at night, but it is being put in the garage and is still barking.
“What can we do to get a dog law with some bite in it?” Goodermote asked. According to Goodermote, the law he uses to enforce dog control has not changed since 1977. It stipulates a minimum of a $5 and a maximum of a $25 fine for each offense. “If the owner is agreeable, we’re all set; if the owner is not agreeable he’s all set,” said Goodermote. He would like an ordinance stipulating that the first offense will carry a $25 fine and the second offense a $50 fine. On the third offense the dog should be gone, he said.
Up until January 1, 2011, when the State got out of the dog licensing business, the Ag and Markets Law governed dog behavior. Now that Berlin is licensing dogs it must also come up with its own dog laws. Jaeger suggested that the Ag and Markets dog law be used as a basis for a Berlin law and that he would research the dog laws in neighboring towns to refine the law for Berlin’s use. Since this will be a new law when it is proposed, a public hearing on it must be held before the Board can vote to approve it.
In other dog news, Goodermote said there was a little problem on the corner of Watson Road and Black River Road. A dog has been digging up a dead animal in a neighbor’s yard. The dead animal was the neighbor’s dog, and the neighbor did not take too kindly to having it dug up. Goodermote did not say how he remedied the situation.
Gravel Bid
Jaeger asked the Highway Committee, that is Board Members John Winn and Dean Maxon, to review the specifications for gravel that will be published with the request for bids. Winn feigned surprise that he was appointed to the Committee; he was absent at the Organizational meeting. Jaeger would like the bid requests published in time to have the bids submitted by the next Town Board meeting on February 14.
Fire Advisory Board
The County has requested Berlin to submit two nominees to the County Fire Advisory Board by January 21. The Berlin Fire Company usually recommends two people to the Board which usually accepts them. County Fire Coordinator Ivan Wager informed the Board that the issue was not brought up at the last meeting of the Berlin Fire Company so no one has been recommended. Last year the two appointees were John Kanopka and Joseph Sweener, but whether they want to do it again is a matter of conjecture. The Board passed a resolution authorizing Jaeger to make the nominations to the County before the deadline. He said he will contact Kanopka and Sweener to see if they want to continue in those positions and will contact Fire Company President Len Clapp for the Fire Company’s recommendation.
All is quiet in Water District #2 said the District Supervisor Jim Winn. And he added, “No news is good news.”
Chimney Fires & Permits
Code Enforcement Officer Allan Yerton reported that he had been called to inspect the premises after two chimney fires last month. His inspection is done to ensure that the residents will be safe if they move back into the dwelling. Yerton reminded the public that any solid fuel burning devices – wood stoves, pellet stoves or coal burning stoves – must have a permit for installation and must be inspected and a certificate of compliance issued before they can be used, according to NYS law. They should be installed according to the manufacturer’s specifications, he said, with the proper clearances being met. “This is just common sense,” he said, to avoid chimney fires and property damage and people having to leave their homes.
Ivan Wager said that he will bring in Kipper Maxon to train for his possible work at the transfer station. Wager will be leaving for warmer climes on January 20. Ed Jones will “be looking after” the transfer station, but Wager will check in weekly with him. Wager added that there are new reports to file with the State regarding the separation of recyclables, “but all our cans go into one bin. We will see what happens,” he said.
Chair of Assessors Allan Yerton said that they are accepting all property tax exemption applications. They must be submitted by March 1.
Charter TV has informed the Town that they would like to renew their contract to provide cable TV service to the Town.
Town Attorney Don Tate arrived at 8:02 pm, about 15 minutes before the meeting adjourned. He had been in court. He delivered to Jaeger the letter and the lease agreement needed to finalize the purchase of the new tandem axle plow truck. Jaeger said, “They will go into the mail tomorrow along with a check.”
Justice Joe Rechen requested that the audit of the Justices’ books be done at the February Board meeting. The Board will do the Justice audit after the other business of the meeting.
Planning Board meetings will be on the fourth Thursday of each month except in November and December.
Next Meetings
The workshop will be held in the new complex in Cherry Plain on January 24 at 7 pm. It is possible that the complex may be the site of next regular Board meeting on February 14 at 7:30 pm. Check the Town website, http://berlin-ny.us/, to confirm that the new Town Hall will be ready and will be used.[/private]