Berlin Town Board Action – Offer To Buy The Cherry Plain Polling Place Accepted

by Kieron Kramer
Berlin Town Supervisor Rob Jaeger announced at the Berlin Town Board meeting on Thursday, September 12, that he had received a signed offer and a $1,000 deposit for the Cherry Plain Polling Place. The Polling Place, at 110 Cherry Plain Square, had been appraised at $10,000 and that was the offer made by Cherry Plain residents Gary and Marie Hoffman. [private]After Town Attorney Donald Tate arrived at 8:06 the Board went into executive session for 25 minutes “in regards to an issue.” This description of the purpose of the executive session hardly meets the expectations of the NYS Open Meeting Law. Whatever else was discussed in the executive session, like possibly the lease of the old Town garage, when the Board returned they had a draft of a contract for selling the Polling Place and voted unanimously on a resolution to sell the property to the Hoffmans for $10,000. The contract includes the contingency that the sale may be subject to a permissive referendum. Once the sale resolution is published the closing would be delayed for a 30 day waiting period during which time a petition could be filed requesting a permissive 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 in the municipality. It is not anticipated that a petition will be filed.
Another real estate issue that was discussed at the meeting was the offer made in August to rent the old Berlin Town Garage on Route 22 for $700 per month by two local businesses together, Eagle Energy, Inc. and Duane Goodermote Excavating. At the August Board meeting Duane Goodermote said, “If it gets too complicated, we won’t be interested.” The complications mentioned in August were the length of the lease and the possibility of a permissive referendum. The tenants had hoped to move in on October 1 which is impossible now since a 30 day waiting period would be needed. At this meeting Jaeger said he had received a letter from Eagle Energy withdrawing the offer. Jaeger had forwarded a draft and a revised second draft of the lease drawn up by Town Attorney Don Tate to the prospective tenants “to start the negotiation process,” he said. Although there may be other issues to negotiate only two, the amount of the insurance bond and the length of the lease, were mentioned at this meeting. They seemed to be the sticking points and may have scuttled the deal. Before Tate arrived, Board Member Richard deLeon said, “The contract is not clear,” and saying that it needed to be redone. Not only was the amount of the insurance bond confusing, but the length of lease in both drafts was one year instead of two. Since the consensus of the Board in the August meeting was that the lease have a term of two years and since Goodermote was present and seemingly agreeable and since Tate was present during the Board’s discussion in August it is surprising that such a mistake would be made. The reason for it was obvious but not stated. Board Member Tara Cinney Fisher, like Jaeger, insisted, “This is a negotiation.” Normally you don’t negotiate something to which both parties have already agreed. If Eagle Energy is not negotiating but withdrawing the offer to rent the old garage, it would be a loss for the Town since no other offers to lease the property were received in August.
A third real estate issue, briefly mentioned, is that the County Attorney Stephen Pechenik has not yet responded to the lease for the building at the Municipal Complex that the County Highway Department would like to rent in order to garage some of its equipment. Tate has been calling him about the lease since April. Pechenik makes the lawyers in Dickens’ Bleak House seem like Usain Bolt.
In a perfect world Berlin would be receiving $1,200 of rental income in October for both properties.
Fisher suggested that the Board needs to prepare to close down the Watipi Building for the winter. The water needs to be drained and the heat turned off, she said. Board Member John Winn said, “We should shoot for the end of October.” The problem is that the Berlin Seniors Club is still using the building for its meetings once a month. Fisher suggested sending the seniors  a letter inviting them down to the Complex.
Mystery Of The Truck
Last month Highway Superintendent Jim Winn reported that the Town’s 2008 Ford 550 had two turbos put in at Carmody’s Ford in Greenwich and the truck has had an oil leak ever since. Winn was mystified by the leak. It turns out to have been a defect in the motor that Carmody reports has afflicted several diesel and gasoline engines on this model  truck. Unfortunately, the warranty on Berlin’s truck expired in December of 2012. At this meeting Winn asked the Board to authorize the purchase of a new engine with new peripherals, like the oil pump and the high pressure pump, for a total of $7,346 including labor. Had the old peripherals been put on the new engine block the labor would have been so much more that the replacement would have cost about $9,400. This decision, Winn said, not only saves $2,000 but includes a two year warranty on the new engine. Even though the truck was out of warranty, Ford had kicked in about $6,000 for the replacement. “It was very good of Ford,” Winn said. “They knew there was a problem,” Fisher said.
Since the truck is desperately needed by the Town for the winter and the Town can’t afford to buy a new one, the Board voted unanimously to purchase the new engine block for $7,346. The repaired 550 will be delivered in a couple of weeks, Winn said, and he added, “When the warranty is up on these little trucks they have to go.”
Other than that, the Highway report included the news that the chipping is finished in Cherry Plain Square and that the Department has been doing some patching, some grading and some cleaning up. Winn reported that the Department had “helped Stephentown with chipping and paving and they came up and helped us.” Jaeger said that the Highway Department had received $780.80 for selling scrap metal.
Head Assessor Resigns
Head of Assessors Allan Yerton  submitted his resignation at this meeting, effective September 30. He recommended that Assessor Patty Baretsky be appointed Head, effective October 1, and the Board voted to do so at this meeting. Because of the election in November and because Yerton’s resignation is on September 30 and the position won’t be eligible to be on this year’s ballot, Jaeger suggested that the vacancy on the Board of Assessors be filled by the new Board after January 1. The new Assessor could then run in November 2014. Both Baretsky, who was at this meeting, and Yerton agreed that a replacement need not be named until January because there is a lull in the Assessors’ work at this time of year. Board Member Dean Maxon suggested that the Town publish a request for letters of interest this fall so that the candidates would be known on January 1. Everyone thought this was a good idea.
In an interview while the executive session was going on, Yerton explained that he was resigning because the Berlin Assessors are elected and, therefore, must be residents of the Town. He had recently moved to Averill Park. Berlin is one of the few towns left in the area that elects rather than appoints its assessor. “We thank you for your service to the Town,” Supervisor Jaeger told him.
Double Dipper Found
Yerton reported that the registrations for the STAR property tax exemption are “going pretty well.” Jaeger added that it is pretty simple. Having done it online he said, “It took me five minutes.” The State registration process seems to be achieving one of its goals – stopping double dipping, which refers to when property owners in two different towns apply for the STAR exemption for each property even though they are only eligible for one – their primary residence. “We caught one party in Town who was double dipping,” Yerton said. The party’s Berlin property is located on Route 22 near the Complex; his other property is “downstate.”
Just The Dogs Ma’am
Dog Control Officer Doug Goodermote reported that he had a “dog call” on Watson Road. “I didn’t make out too well, but I tried,” he said mysteriously. He also said he has gotten lots of missing dog calls this month and then lots of calls saying that the dogs had come home. A rabies clinic has been scheduled for October 17. “Same deal as always, same money ($10 cash per shot) same place (garage at the Complex),” Goodermote said.
“I still just do dogs, Goodermote said, “I don’t chase cats, chickens, foxes or raccoons. Foxes and chickens are DEC’s department. “Can we get you a chicken badge?” asked Board Member Fisher. The dog officer badge that Goodermote received in July seems to be the seminal event of the summer in Berlin. “They take a peak at the badge, and I don’t get any guff,” Goodermote said.
Cell Tower Maintenance
Code Enforcement Officer Allan Yerton reported that he has been “in conversation” with AT&T about their doing maintenance on their cell phone tower on Goodermote Road which runs into Bly Hollow Road near the top. Five years ago they wanted to raise the height of the tower, but they would have needed a new permit for that, he said. The maintenance won’t help the valley at all but might help Poestenkill, Yerton added. Jaeger suggested that AT&T customers call AT&T and tell them how good Verizon coverage is in the valley.
Planning Board Chairperson Pam Gerstel reported that Anne Crisp has resigned from that Board. Crisp had been on the Board for several years and worked very hard, Gerstel said. She recommended to the Board that Debbie Sweeney, currently serving as a Planning Board alternate, be appointed to replace Crisp. The Board voted unanimously to do so. There are now two Planning Board alternate positions vacant.
Halloween Party
Youth Commission Director Tammy Osterhout announced that there will be a Halloween party on October 31 at the Fire House on Community Avenue starting at 6:30 pm. Since it is Thursday night, a school night, she hopes the party will end at around 8. All the other activities are done  and over with she said. Forty Berlin kids took swimming lessons in the Hoosick Town pool this August at $40 per kid; thirteen more swimmers came from Stephentown. The Town received a bill for $1,680 from Hoosick for the Berlin swimmers, which represents the lesson charge and $2 per head for open swimming on the last day. Osterhout reported that she has turned in her budget request for next year. It has a 1% increase due to the increase in minimum wage, she said.
Water Districts
Water District #1, the seasonal water district in the Taborton Mountain area of Berlin, will close down at the end of October. Jim Winn, Supervisor of Water District #2, said “All is quiet [in the water district] – let’s keep it that way.”
At its workshop on August 29, the Board discussed purchasing new doors for the truck garage. There is still $20,000-$30,000 left in the Capital Fund, Jaeger said.
Flag Pole
Billy Hammersmith and the Highway crew went up to Grafton and got the flag pole which was donated by the owner of the Grafton Town Store, Jaeger said. It turns out to be 30 feet high, he added. The pulleys work, but the pole needs a cap. Hammersmith said the base should set for 30 days and that the cap shouldn’t be welded on otherwise there will be no access to the bolts that hold the upper pulley. Dean Maxon asked if the flag will be put up this year and the time capsule moved from the old garage. Jaeger said that there will be a garden underneath the flag pole and the time capsule will be in front of the garden. Hammersmith asked, “Who decides where it goes?” Jaeger said he and Winn had consulted on the location, but he did not say where exactly. Since the Town has another, shorter, flag pole that was donated by the Hoosick True Value Hardware Store, Jaeger and Winn thought that there should be a second pole that would fly the State or County flag. Meanwhile, Len Clapp has “procured” two American flags for the Town, Jaeger said, one large one and one smaller one.
It was mentioned that a bridge on Sand Bank Road has been red-flagged, meaning it is dangerous and needs repair. However, the bridge is on the County Road and is, therefore, the County’s problem – unless it collapses while a Berliner is driving over it.
At the beginning of the meeting Jaeger pointed out that the new doors have been installed in the Town Hall. The back door has a keyless entry and will be used by the Sheriff’s Deputies and State Troopers when necessary. Jaeger expects that the Town Justices will move down to the new Town Hall in mid-October and begin hearing cases. He also said that he hopes that the Town Historian, Sharon Klein, will set up the Town museum in the old Town Hall in mid-October. Work on the ramp to the front door was to begin on the day after this meeting, weather permitting.
A New Business
There is a new business in Town, Jaeger said after the meeting. It is located in what the locals still refer to as The Lunch Box on the corner of Elm Street and Route 22. It’s a gun shop called Karen & Charlies Guns.[/private]