by Kieron Kramer
Generally, municipalities in eastern Rensselaer County take a good, long time before forcing a private property owner to demolish an unsafe building or to remedy an eyesore. It is not just the number of procedures required by State Municipal Law and the time required between the various steps that makes the process so lengthy and so rare, but there is a respect for private property that is ingrained in the American psyche and which is stronger, particularly in small rural towns, than the motive to act for the common good. However, the Town of Berlin has moved with all deliberate speed to force Ronald Snow, an East Arlington, VT, resident, to either repair or raze his garage on North Main Street which has been deemed a dangerous building by Berlin Code Enforcement Officer Allen Yerton.
Two months ago the Town Board voted to serve notice on Snow informing him that he had to repair or demolish the garage. Last month, at a public hearing before the regular meeting, Snow asked for an indefinite amount of time to repair the building, but he did say he would board it up within 25 days to keep people out of the structure that Yerton maintained could collapse at any moment. According to Board Member Jim Saunders, Snow has boarded up the building.
At this month’s regular meeting on Thursday, September 11, the Board voted 3-0 to publish a request for bids to demolish the garage, with Board Member Carl Greene and Jim Saunders abstaining. Town Supervisor Robert Jaeger had made the motion to publish; Board Member George Shuhart seconded. When Jaeger asked Greene and Saunders for their votes, a silence followed that was almost as long as the full minute of silence observed for the anniversary of 9/11 at the beginning of the meeting. Finally, at Town Attorney Don Tate’s suggestion, Greene and Saunders agreed to abstain. The resolution passed when Board Member Sheila Hewitt joined with a yes vote at the end of the deliberations.
Greene had requested that the letter to Snow informing him of the publishing of the bid request should make it clear that if he filed a building permit and began repairing the building the Town would halt the process. The Board agreed to include this, and Tate said that if Snow could satisfy the Board it would be the best case scenario. “It would be foolish to demolish the building then, and we could reject the bids,” he said.
Billy Hammersmith pointed out that the demolition of the building might be complicated and expensive. The structure abuts the road, which is a County road, and part of the building is on the County right of way. The County might have requirements for the work and the fill. Tate suggested that the Board resolve now to publish the bid request but delay the actual publication and the due date so that the specifications can be developed after talking to the County Engineer. Yerton added that this extra time would give Snow the opportunity to file a building permit and begin work if he was inclined to do so.
Hammersmith said that not only will you have to demolish the building and remove the debris but that the fill would have to be trucked in and covered with topsoil. Contractors would not leave their equipment there overnight so they will be trucking machinery back and forth. Jaeger said that he thought the project would cost between $3,000 and $5,000. Hammersmith said it “would be more than that,” but he wouldn’t say how much because he expects to bid on the project. Saunders said, “If it comes out to $50,000, we haven’t got the money to do it.”
The expense for this kind of Town-ordered work is usually charged back to the property owner on his property tax bill. However, Jaeger said that the cost of demolishing and removing the debris from the old gas station on Main Street a couple of years ago was never recouped because the demolition charges were not filed with the County to be included on the tax bill. Town Clerk Anne Maxon concurred that the $16,000 spent to demolish the old gas station was never recouped.
Code Enforcement Officer Yerton asked if there was a Town resolution setting the policy regarding the length of a demolition permit. “I understand that a 3-year demo permit was issued before I took office,” he said. He has learned from his training classes that the term of a demolition permit is usually 60 days, often 30 days.
Energy Conservation
One concern on everybody’s mind is how to stay warm over the winter. Even though the price of oil has just fallen below $100 per barrel, there is no guarantee that it won’t go up, and many, because of soaring prices this summer, have already entered into contracts with local fuel oil suppliers that set the price for the home heating oil they will buy this winter at well above $4 per gallon. Lots of people in the northeast will be paying twice as much to heat their homes this winter as they did last winter. For people on fixed incomes this is a devastating blow.
Frank Mace, who lives on Main Street in Berlin and who works in the Residential Efficiency and Affordability Program at NYSERDA, spoke at the beginning of this meeting to inform Berliners that there are a number of State programs in place to help New Yorkers reduce their energy consumption, pay for energy conservation renovations and fund renewable energy projects. He left a number of pamphlets and information sheets in the Town Hall for the public to take. Most of the programs have to do with insulation and electricity conservation. Some give information on how to reduce energy use through the Energy Star program; others give contact numbers for grants and low interest loans to finance the installation of insulation and energy efficient windows and appliances. Presumably, the money saved on electric bills can help pay for heating oil. Interested parties can call 1-877-NYsmart or log onto www.getenergysmart.org for more information.
Supervisor Jaeger announced that he had received a phone call from a Texas company regarding the possibility of erecting windmills in Berlin. He referred the company to Zoning Board of Appeals Chairman Don French because a special use permit would be needed to put up a windmill. The Texans are also considering a location in Averill Park. Mace said that NYSERDA has the entire state wind-mapped so you can tell how much wind there is at any location and how high you would have to build the windmill. “Is this a pretty windy area?” one resident asked, prompting wisecracks and snickers.
Town To Share Services With BCS
Jaeger announced that he had received notification from NYS that there are grant opportunities available for municipalities to develop shared services. The grants start at $200,000, he said. He informed the Board that the Berlin Central School District, for whom he works as a school bus driver, is renovating and modernizing its fueling station. The idea of purchasing gas and diesel under the School District’s bid was discussed at previous Board meetings. Jaeger suggested that the Town could apply for a shared services grant and use the money to help fund the School District’s fueling station. The Town trucks would then be able to fuel up 24/7 at the fueling station using a key code for each vehicle to keep track of use. The Fire District might also share in the fuel purchase and fueling station. At present, when the Town vehicles need gas, they purchase it by credit card at the Mobil Station in New Lebanon because it is the nearest station the Town has a credit card for.
Highway Superintendent Jim Winn asked about the liability if there were a fuel spill at the fueling station. Town Attorney Tate said the liability would spread among the three entities and, besides, the exposure would be minimized because the facility would be better than the fueling station at the Town Garage. Winn said he would still purchase some fuel from the County, under whose bid he buys it now, because he “doesn’t want to burn any bridges with the County.”
The Board voted unanimously to enter into a shared services relationship with the Berlin School District to buy and use fuel, to use the BCS fueling station and to use Town shared services grant money, if received, to help fund the renovation of the District’s fueling station.
Highway
Winn reported that the Highway Department has been busy “running around patching” and making up chip seal. The chip sealing will begin in 10 to 14 days. Winn said that the County has come out to “shim” CC Dam Road, that is – smooth out the sand and oil mixture that is put down on road surfaces. Berlin has been helping the County with their chip sealing projects by carrying stone to the chipper because the Berlin trucks have chipper bars. The County has been hauling blacktop to Berlin for the patching. He also said that Stephentown has come up and ditched Bly Hollow Road to the top of the hill. “Now we have to reshape the road,” he added. Winn has borrowed the Town of Nassau roller and used it to pack down the roads that he has graveled and reshaped.
Winn said that Erdmann Anthony & Associates, an engineering firm from Troy, completed its first monitoring of the Southeast Hollow Road bridge. The Town plans to replace the bridge with a culvert-bridge like the one the County installed on East Hollow Road in Petersburgh. To rebuild the bridge would cost $200,00 easily, Winn said. Winn is getting a rough idea from Chemung of the cost of the culvert and the cost of the concrete. He thinks the culvert-bridge will cost 1/3 the amount needed to replace the bridge. The culvert will have a span just under 20 feet to avoid future inspections by the County but will be higher in order to accommodate the volume of water in the brook.
Surplus Equipment Bids
Bids for Berlin’s surplus highway equipment were opened at this meeting. The items bid on were a 1992 Ford one ton truck, a 1964 Cat loader and a 1972 John Deere bulldozer. Henry Ruebel of Berlin bid $350 for the Ford, $3,500 for the loader and $2,500 for the dozer. Jason Saunders of Cherry Plain bid $550 for the Ford, $1,202 for the loader and $3,203 for the dozer. Darryl Maxon of Cherry Plain bid only on the bulldozer, $1,250. James Brundige of Petersburgh bid only on the bulldozer, $3,501. David Thurber bid on the Ford, $400, and the loader, $900. The Board accepted the high bids for each item – Ruebel’s $3,500 bid for the Cat loader, Saunders’ $550 bid for the Ford truck and Brundige’s $3,501 bid for the John Deere bulldozer.
Board Member Carl Greene asked if the 1970 Gradall G600 and the two surplus sanders should be put out to bid. The Board and Winn’s consensus is that these items are junk, but it was agreed that if no attractive bids were received, the Town would sell them for junk so the Board voted to publish a request for bids.
Considering the cost of heating oil, one would have expected that the replacement of the Town Garage doors with new, insulated doors would be high on the agenda, but it wasn’t until the end of the meeting when Kent Goodermote reminded the Board of Board Member George Shuhart’s request to buy the doors last spring. “Now is the time you will need them,” Goodermote said. Jaeger replied that they had put off purchasing the doors in order to “make sure we had money until the end of the year.” The proposal Shuhart got last spring was for $3,200 for two doors. “They have already gone up 20%,” Shuhart said. Jaeger said, “George’s point is well taken.” A resident suggested that the money from the sale of the surplus equipment could be used to buy the doors.
Transfer Station
“Everything is running good at the Transfer Station,” Ivan Wager said. The Town was charged only for the labor for replacing the rollers on the containers that needed them. The rusted-out side of one container cost $495 to repair; when the second container is empty a similar repair will be done to that. Waste Management won’t pull the containers if they are in bad condition, Wager said.
Wager has been negotiating a new waste hauling contract with Waste Management. He said they will probably stay with a 5% increase across the board even though he has been trying to “whittle them down.” This will result in a $5 to $7 increase per haul, he said. This increase includes the tipping fee; there will be no fuel surcharge. Wager is still negotiating the price of newspaper disposal, and he asked the Board for authorization to sign the contract with Waste Management if the increase in newspaper charges is 5% or less. Town Supervisor Jaeger said, “If they are within that range, go ahead.”
Youth Programs
Tammy Osterhout reported on the Youth Program. She said that 52 kids enrolled in the swim program. Use of the Hoosick Town Pool will rise to $40 per child next year, she said. All the bills for the summer programs have been paid except for the bus costs to the Hoosick pool because that bill hasn’t been received yet, she said. Osterhout said that 43 children went to the Schaghticoke Fair, with Kathy Burdick donating $11 to make up the difference in the admission cost of $17 so the 43rd child could attend. Osterhout said this will be the last year for the Fair because the $720 budgeted for it could be better used in the programs. The Halloween party will take place on Friday, October 31, from 6 to 8 pm – or maybe later since it is a Friday. Osterhout said that the stove donated by Todd and Sheila Hewitt has been moved into the Watipi building. She thanked Carl and Jimmy. She will attend a seminar on obtaining arts grants that is being held in Petersburgh. She said that grants for as much as $5,000 are available.
Game Night
Osterhout was heartened by the Youth Commission meeting held earlier in the evening. Amy Buck and Sarah Pettibone attended and volunteered to supervise game nights on October 11 and 25 in the Watipi Building. Game night will run from 6 to 9 pm with children in grades 3 to 5 attending in the first hour and sixth to twelfth-graders attending from 7 to 9. The younger kids will have to be signed in and out by their parents. The older kids can sign in themselves, but once they leave they can’t return. More game nights will be planned if the first two are well attended, Osterhout said.
Dogs, Dogs, Dogs
Dog Control Officer Doug Goodermote reported that ever since it appeared in the Eastwick Press last month that he is only responsible for dogs he got more calls than ever. “I don’t know if they can read or what,” he said. Most were people trying to get rid of cats. Goodermote also reported a few dog barking complaints – two in the village and one on Cold Spring Road. He also announced that the fall rabies clinic would be held on October 16 at the Berlin Highway Garage. Inoculations cost $10 each, cash only. Cats will be treated from 6 to 7 pm and dogs from 7 to 8 pm. If you have questions, Goodermote can be contacted at 658-3308.
Planning Board Vacancy
Chairwoman of the Planning Board, Pam Gerstel, announced that Christine Young has resigned from that Board. Now the Planning Board is looking for a regular member as well as an alternate. Jaeger asked, “Anyone interested in one exciting night out a month?” The Planning Board will meet this month to consider a site plan for a subdivision in center Berlin.
Cells Towers
Jaeger reported that three or four private individuals have been approached by Verizon for the use of their land for possible cell phone tower sites. Others interested in hosting a tower can go on the Verizon website and register. Verizon will deal directly with the landowners. According to Jaeger, the lawyer for Verizon indicated that they are looking for two sites in Berlin. For optimal coverage, the towers will be located on either side of Route 22 as it meanders through the valley.
New Carpet In Town Hall
Town Justice Joe Rechen has applied for a grant in the amount of $5,050 through the Justice Court system to re-carpet the Town Hall, which also serves as the Town Court. The Board unanimously voted to file the application and signed the cover letter that will be sent to the Justice Court with the grant application.
The Gladioli
Beautification Project
Towards the end of the meeting Supervisor Jaeger read a letter from Don Calman asking the Board for its support in the gladioli project. Calman’s letter eloquently states the case.
“Our trial gladioli bed has been planted, cared for and flowered profusely, as the Town Board members must be aware. The many unsolicited personal, phone and mail comments from Town residents have strongly indicated the program was a huge success.
All of the materials and labor for the trial bed were contributed at no cost. We have learned several ways to reduce the anticipated costs; however, in expanding to an additional greater number of flowerbeds throughout the Route 22 corridor, it cannot be expected that all will be accomplished without cost, which brings us to purpose of this report.
Now is the time for the Board to indicate whether it wishes to support, continue and greatly expand this program, which will greatly enhance the appearance and image of Berlin╔with all the direct and indirect benefits to the Town.
Each additional new bed will cost about $500-$600 (digging the bed, buying the bulbs and soil/compost materials, some labor) for the initial planting, with subsequent years for each bed costing about $150-$200 (soil/composting materials, some bulb replacement and some labor). Much of the required labor should continue to be donated through the High School Community Service program.
It is expected that some part of the overall cost can be raised from local companies, individuals and organizations, but for this to be a truly endorsed Town project some financial support is required from the Town Board. Without that financial support the project remains a personal project, which will not be sustainable.
This request is for $2,000 to be allocated for 2009 and $1,500 for 2010. It is projected, but not guaranteed, that any ongoing Town financing should not be needed if the companies, individual and organization solicitations are successful. I offer to manage the project and fund-raising while seeking a future replacement manager from within the Town. Hopefully, The Board will recognize this as an appropriate investment in the Town’s well being.
Respectfully,
Donald R. Calman”
It was obvious from the reaction in the room that the gladioli bed in front of the Bank of America was universally appreciated. “It sure looked nice,” said Board Member Jim Saunders. It was obvious to anyone who followed the project that it took a great deal of time, effort and good will to plant this one bed. It was also obvious that the Board was reluctant to support the project with money. Board Member Sheila Hewitt said, “I am concerned about adding anything to the budget. Everything is going up, and people cannot afford extra at this point.” She suggested private donations. Carl Greene asked if Calman had looked into the I Love NY grant program. Hewitt said that donations and work can be used to obtain matching funds. Calman replied that he won’t pursue grant money or donations until the Board supports the project. He said the Town should look at it as an investment, not as an expense.
The Board decided to wait for the budget process to begin before making any commitment. “Taxes will go up, but we need to control how much,” Jaeger said. Requests from department heads are due on September 20 with a tentative budget proposal to be circulated to the Board on September 30. Presumably the tentative budget will be presented at the October Board meeting. Jaeger thanked Calman “for all your work.” Later, Carl Greene said, “We really appreciate the people who donate a lot to the Town. We do the most with the little we have.” Of course, the Town sometimes has to respond with more than a ‘thank you very much’ if it hopes to continue to enjoy the extraordinary contributions of its more community-minded citizens. Money talks, after all. Even a token allocation of funds might ensure the sprouting of gladioli up and down Route 22.
In other business the Board:
• heard from Len Clapp that Water District #1 is running smoothly;
• heard from Jim Winn that Water District #2 is quiet and that the cross connection control plan presented to the Board needs to be adopted by the Board; Jaeger said it would be on next month’s agenda;
• heard from Shuhart that the air conditioner did not work because of a faulty electrical outlet and that he fixed the outlet and oiled the hinges of the Town Hall door;
• heard from Carl Greene that the Little Hoosic Watershed Association was preparing for its meeting with representatives from the US Division of Fish and Wildlife;
• heard from Saunders that the sidewalk project will be completed soon;
• responded positively to Billy Hammersmith’s suggestion that the Town issue vouchers for use as tax deductions for donations of time or equipment to Town projects;
• heard from Kent Goodermote that two streetlights have recently gone out.