Board has created extensive legal liabilities for Berne

To the Editor:
I am very disappointed in the vote to deny the creation of a special tax district to fund remedial work to Helderberg Lake’s dam. Berne’s board took the easy way out and searched for all sorts of excuses to just do nothing.

The Helderberg Lake Community Association has been very proactive to do what has been asked of us by the New York State Department of Environmental Conservation. As reported in The Altamont Enterprise, we have plans for the project that are ready to go, and “the simplest solution is to move forward with the currently approved and permitted plans” to repair the dam.

Berne’s board spent 10 months “mulling over” our request to have a  special tax district created to fund the work on our dam, at no cost to the town of Berne. There was no reason to take such a long time. They could have come up with their fabricated excuses, such as “creating environmental responsibilities that did not previously exist,” months ago. 

By failing to approve the creation of the special tax district, they have created extensive legal liabilities for the town of Berne should our dam fail in a major storm before we are able to secure funding elsewhere, and properties downstream along the Onesquethaw Creek are damaged or destroyed, and perhaps lives are lost, as the classification of high-hazard indicates its failure “poses significant danger to life and/or property.” 

When the Hadlock Pond dam failed in July 2005, dozens of residents sued the town of Fort Ann for millions of dollars — yes, the town of Fort Ann. The same thing will happen to the town of Berne if our dam fails.

Berne had the opportunity to easily do what it could to prevent such a catastrophe, but chose to take the easy way out and do nothing.

I am very disappointed.

Robert Marriott

Berne

Editor’s note: Robert Marriott is a member of the Helderberg Lake Community Association.

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