by Kieron Kramer
The only proposal to rent the old Berlin Town Garage on Route 22 next to the former Bank of America property in response to the Town’s published requests was opened at the Berlin Town Board meeting on Thursday, August 8. The proposal to rent the premises for $700 per month was made by two local businesses together, Lawrence King of Eagle Energy, Inc. whose offices are slightly north on Route 22 in the former True Value Hardware store site, and Duane Goodemote Excavating, Goodermote has done much of the bridge and culvert repairs for the Town in recent years. The offer will form the basis for negotiating a commercial lease agreement between the Town and the two companies which would like to move into the facility on October 1.
[private]The term of the lease was discussed, with the Board being sympathetic to the businesses’ desire to have a lease of several years. Town Supervisor Jaeger felt that a five year lease would be too long as it might limit the Town’s ability to sell the property if it wanted to and a buyer came along. He suggested a two year lease with an option to renew. He also said that the ceiling will have to be repaired and the drain fixed before a tenant moves in. Town Attorney Don Tate said that the lease would be subject to all commercial lease terms. Once it is published the lease would be subject to a 30 day “seasoning period,” as Jaeger called it, during which time a petition could be filed requesting a permissive referendum to allow the Town to rent the property. Therefore, in order to have the tenants move in on October 1 and to have them plan for it, the lease would have to be published relatively soon. Duane Goodermote, who won’t have a lawyer involved, said, “If it gets too complicated, we won’t be interested.”
And complications there were when the Board considered a resolution accepting the rental proposal with Tate drawing up the lease and the Town publishing it. Board Member Dean Maxon drives for Eagle Energy so he abstained. Board Member John Winn’s wife works for Eagle Energy so he abstained, and Tara Cinney, now being referred to as Councilwoman Fisher, abstained because she is Goodermote’s cousin. “Who’s not related in this valley?” Fisher asked. Jaeger and Board Member Rich deLeon voted to accept the proposal, but three votes were needed. When reminded that this was the only proposal submitted Fisher said, “Well, we’re not even first cousins.” Duane Goodermote said, “So here’s your chance to disown me, Tara.” And so Fisher voted to accept the rental proposal.
Shed And Capsule
Goodermote indicated that he was interested in keeping the large red shed on the premises. Although seemingly wedded to tearing it down and hauling it off, Jaeger and the Board agreed to give Goodermote time to inspect the shed more closely, especially the back wall, to see if he really wanted it. If Goodermote wants to retain the shed, any repairs necessary for it to be used would be paid by him. At the end of the meeting Jaeger announced that the Berlin time capsule that is on the lawn near the flag pole at the old garage would be dug up and reburied near the flag pole at the Municipal Complex once the location of the flag pole there is determined.
Speaking Of Flag Poles
Jaeger acknowledged “a gracious gift” of a flag pole from the Grafton Town Store. It is aluminum and 25 feet tall with a base diameter of 8 inches and capable of flying “a very decent-sized flag.” The base plate takes one inch diameter bolts, according to Jaeger. The question of how to transport the flag pole to the Municipal Complex was answered by Billy Hammersmith who said, “I have a 40 foot lift; I can go get it with that.” Hammersmith thought that the location of the pole at the Complex should be chosen and a base put in before he goes to pick up the donated pole. He suggested a 6 foot by 3 foot base of concrete poured into a Sonotube of that size. It would be up to Highway Superintendent Jim Winn to prepare the base.
After the meeting former Board Member George Shuhart reminisced about the flag pole at the old Town garage which he believes was erected in “the 50s or 60s.” According to Shuhart, Jerry Burdick, Joe Burdick’s father, put in the pole when he was highway superintendent. Joe Burdick has been doing the renovations at the new Town Hall. Shuhart’s grandfather, who was highway superintendent for 18 years, donated the money for the pole at the old garage, Shuhart believes.
Cherry Plain Polling Place Appraised
Jaeger announced that the Cherry Plain Polling Place had been appraised for $10,000. He said it’s a building with an unhooked toilet on a half acre lot. Attorney Tate said that as long as the Town doesn’t sell it for less than the appraised price, a request for bids is not necessary and the Town could test the market by listing it for sale with a realtor. He suggested that the Board authorize one of its members to negotiate with prospective buyers. The Board voted unanimously to authorize Supervisor Jaeger to negotiate the sale and bring back the agreement to the Board for a vote. Once the Board votes to make the sale and publishes that fact, a 30 day seasoning period must pass during which a petition for a permissive referendum can be filed. The Board voted at the April meeting to declare that the Cherry Plain Polling Place was “an unneeded structure to the day to day operations of government of the Town of Berlin.”
Speaking of Town property, Tammy Osterhout and Sharon Klein, the Town Historian, want to try to get the Watipi Building on the register of historic buildings, Jaeger said. It is one of the last remaining buildings that was a station on the old Rutland Railroad. Jaeger said that being registered might make funds available to maintain the outside of the building. And, Tate and deLeon said, the Town could still sell the building. Jaeger said that he believed that there would be a challenge to the Town divesting itself of the Watipi Building because of “sentimental attachments.” The Board reiterated its plan to close the building for the winter and not heat it. Jaeger said that this would not cause a recurrence of the mold problem since the area of the mold has been treated.
Art And Rec Ends; Swimming Begins
Tammy Osterhout reported that the Youth Commission Summer Arts and Recreation program had ended. She had placed examples of the arts and crafts projects on the counter in the hall for people to look at.

The kids are giving a plaque made of bottle caps to the Town. “It took them three weeks to figure out how to do it,” Osterhout said. She also presented each Board member with a straw angel that had been decorated by the kids in gratitude. The party at the end of the program was the usual ice cream social with water balloons and whipped cream. Osterhout said that shaving cream was added to the festivities this year and was spread all around. This will be the last year for shaving cream, she added. There were many comments as to how much the kids loved the activities at the Complex, with room to run around. “They especially loved watching the rocks being loaded and hauled away [by the highway department],” Osterhout said.
Osterhout said the swimming program had begun the Monday before this meeting. There are about 40 participants from Berlin, and 13 more are being transported from Stephentown, which supplies its own counselors.
Flood Control
The meeting had begun with a presentation by Teresa Mayhew from the Hudson Estuary Watershed Resiliency Project. This is a combination of research, demonstration and educational outreach projects to address the challenges of flooding, stream and watershed management and climate change. It is a partnership being led by the New York State Water Resources Institute at Cornell University and the Cornell Cooperative Extension, with support from the New York State Department of Environmental Conservation’s Hudson River Estuary Program. This project was initiated in summer 2012.
Mayhew distributed information packets to the Berlin Board and to those in the audience who were interested in getting more information about flood control. According to the information in the packet, precipitation has been increasing in the northeastern U.S., resulting in many floods in rivers and streams. Climate change models predict that rain in the northeast will fall in more intense events in the future, although it is difficult to predict on a local scale. Sea level rise will also affect the Hudson Estuary. In 2011 and 2012, Hurricane Irene, Tropical Storm Lee and Superstorm Sandy caused tremendous damage. Private property and public infrastructure in floodplains and along streams and rivers continue to be at risk from future flooding. Mayhew said that the object of the project is to educate streamside landowners and towns.
“Streams are dynamic systems that choose their own course,” she said. Mayhew was interested in learning when workshops about flood mitigation could be held in Berlin. One presentation is entitled “Post Flood Intervention for Highway Superintendents.”
Board Member Rich deLeon asked, “What are you pushing? to stop so-called climate change?” “Our goal is much more local than that; we are in the education business,” Mayhew replied, “we are trying to minimize damage due to flooding. It doesn’t take much to put your town at risk.” Doug Goodermote told Mayhew that “as soon as you get into streams around here the DEC is on your back.” Winn said the U.S. Fish and Wildlife Service is even worse. Mayhew said, “We’ll look into that.”
According to the packet, the public and many officials have a misguided idea that debris removal and dredging, berming and armoring streams are effective flood prevention and mitigation options. These techniques are often counterproductive, possibly increasing the potential cost of future storm impacts; they do not stop major flooding.
Len Clapp asked if trees are supplied by the project. Mayhew said yes. Trees are critical in mitigating stream bank erosion.
Billy Hammersmith said, “We’d do mitigation, but there is no money available. The homeowner foots the bill, and it is too expensive. You’ve got to have the money to implement these ideas.”
Reports
Water good!
The hydrants were flushed on Tuesday, August 6. A surprised Water District #2 Supervisor Jim Winn said that no one was complaining about broken hydrants yet.
As Highway Superintendent, Jim Winn reported that the rebuilding of Greene’s Brook Road up near Chad Gerstel’s was completed. The Department has put oil and stone down on Cherry Plain Square, has resurfaced a spot on Watson Road with gravel mix and is getting ready to shim roads in preparation for the paving that will be done a week after this meeting. Winn said that the “[Ford] 550 is sick again” and is back at Carmody’s Ford in Greenwich. They had put two turbos in it, and the truck has had an oil leak ever since. It loses so much oil that Winn is afraid to drive it. They can’t find a leak; there is no oil in the antifreeze, and no burnt oil smoke is coming out through the exhaust. Winn is mystified. Doug Goodermote thanked Winn for the good job on Cherry Plain Square.
Dog Control Officer Doug Goodermote said he had accompanied two troopers to what he called “the canary farm” on Airport Road. According to Goodermote there are pigs, chickens, turkeys, ostriches and other animals at the “farm.” The neighbors say there are rats there. Jaeger said that they should contact the County Health Department to complain about rats. None of these animals fall under Goodermote’s purview, and he said that the troopers are going to try to get the humane society involved.
Goodermote also reported on a dog bite at Route 22 and South Main Street. A seven year old was bitten on the back of the leg. He said he wore his badge to this situation. It is heavy. Goodermote said that when he got home his wife told him his shirt was drooping. Goodermote asked the Board if they were interested in holding a fall rabies clinic, and they said they were.
Ivan Wager reported that two sheets of steel must be purchased to repair the containers at the transfer station. After the repairs they should be in good shape for the winter, he said. It was incorrectly reported last month that people were dumping other materials, like gas, oil and tires, into the metal recycling containers. Actually, Wager was just explaining what the new metal recycling requirements are.
Assessor Allan Yerton announced that STAR property tax exemptions must be applied for again by March 1 even if you have already received the exemption. And this coming year the STAR applications must be made to the State, not to the local assessor as in the past. Yerton explained that people who have more than one residence have been applying for an exemption for each property rather than just for their principle residence. Since the properties may be spread far and wide only the State can supervise the exemption applications to prevent double dipping.
Odds And Ends
The Board received a letter from the July Fourth Parade Committee thanking it for the $1,600 donation to the parade and for making the Parade Committee an official Town committee.
The Board went into executive session with Tammy Osterhout for four minutes.
Ivan Wager said he would bring one of the County base stations for emergency response communication down to the Complex to test it on location.
Attorney Tate expressed his exasperation at trying to contact the County Attorney in order to finalize the lease of the garage space at the Complex to the County. Tate has been calling since April. If contacted, County Legislators Stan Brownell and Lester Goodermote could help motivate the County Attorney to take care of business.
Dean Maxon asked if some decorations could be put up on the walls

of the meeting room. Town Clerk Anne Maxon produced a 3 foot embossed eagle. Jaeger said he had copies of the U.S. Constitution and Bill of Rights on simulated parchment that could be used. The Town Charter and the copy of the County resolution recognizing Berlin for its 200th Anniversary are also likely candidates to decorate the walls.
A second “absolute auction” for the former Bank of America property was held on August 2. Jaeger did not know why a second auction needed to be held, which entity was high bidder in the August 2 auction or if any bank is interested in taking over the property. He is hoping that Berkshire Bank will; they have been purchasing Bank of America branches, including the one in New Lebanon, according to Jaeger.
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