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Transfer Of Berlin’s Watipi Building To The American Legion Is Another Step Closer
By Doug La Rocque
The cliché “the devil is in the details” sums up the outcome of the Berlin Town Board workshop meeting Thursday March 24 with several members of the Taconic Valley American Legion Post.
[private]The Town wants them to have the building and the Post wants it. The discussion centered on how just a transfer can legally take place, and the financial ramifications of such a transfer.
Town Supervisor Rob Jaeger is recusing himself from any votes on the matter as he is also a member of the Post, and allowed Deputy Supervisor Tara Fisher to lead the discussion. Post Commander Chris Lecce asked how the transfer could go forward? Fisher responded it would have to do so in lieu of the Town making any annual contributions to the Post. This however, does not impact the donation the town makes each year for American Flags for Memorial Days ceremonies, and it was indicated it is in the budget to do so again this year.
Another question was what is the process for such a transfer. The Post contended there was already a law on the books that made such a transfer possible. Fisher explained it was again in the details, as the exact wording of the law, as interpreted by Town Attorney Don Tate, requires passage of a local law which must be preceded by a public hearing, before the transfer could take place. If approved, the law must also sit for 45 days, as it is subject to a permissive referendum.
The 2010 NYS law on such referendums requires the law’s passage to be announced by legal notice, and gives voters of the Town 30 days to submit petitions requesting such a referendum. These petitions must contain the signatures of no less than 10% of the voters who cast ballots in the town during the last gubernatorial election. If such a referendum is called for, the proposal must gain a simple majority of the votes cast to become law. If there are no petitions or they do not contain the required number of valid signatures, the law then takes effect after the 45 days waiting period.
Some other issues about the transfer included the Post’s request for a letter of disclosure from the Town, identifying to the best of the Town’s ability, any problems with the building and property. The issue of alcoholic beverages was also raised. If the Post were to serve such beverages, the Berlin Youth Commission, by law, could no longer use the building. This would apply only to government sponsored youth groups. The Post has asked the Town Board to provide them with this letter in time for consideration at their next meeting on April 5. It would then be up to the Post to formally ask the Town to begin the transfer process, which could start as early as the Board’s next meeting on April 13.
The Post has been looking for a building for some time, and is willing to renovate the structure, with an eye toward not only using it for their monthly meetings, but to also open it up to the community for weekly gatherings, town events, as well as other organizations and families. The building was once a train station for the old Rutland Railroad as part of its Corkscrew line. It was donated to the Town in 1954 by Ted and Tom Cowee for use by the Boy Scouts and Campfire Girls. The name Watipi is a Native American word for gathering place.
A Longtime Town Servant Will Step Down
Water District # 1 Commissioner Len Clapp told the Board that a recent inspection of their water tank showed there is still a sufficient width of metal in the tank walls and that noises that were heard when the system was being closed last fall, came strictly from paint separation, and not a deterioration of the structure. Mr. Clapp also told the Board that after they shut the system down again this fall (it is only used in the warmer months), he will be retiring. He has served as Water District # 1 commissioner for more than 10 years, and was once the Town’s Highway Superintendent as well. The Board completed the night by paying bills and conducting the annual audit of the books of the Town Justices. [/private]