CANAAN Monthly Town Board Meeting – March 12th, 2007

Supervisor Gary Flaherty opened the meeting at 7:01 p.m. with the Pledge of Allegiance to the Flag, followed by a moment of silence. There were four board members present: Supervisor Gary Flaherty; Councilperson Carrie Bither; Councilperson Virginia Nightingale; and Councilperson David Patzwahl. Councilperson Stephen August was absent. There were sixteen people in the audience.

Supervisor Gary Flaherty read an acknowledgement from Mrs. Martha Lagerwall “thanking” the board for the resolution honoring her husband, Mr. Eric Lagerwall.

MINUTES: Councilperson Carrie Bither made a motion, seconded by Councilperson David Patzwahl to accept the minutes from the February 1st, 2007 Special meeting. 3-ayes, Motion Carried. Roll call showed: Supervisor Gary Flaherty-yes; Councilperson Carrie Bither-yes; Councilperson David Patzwahl-yes; and Councilperson Virginia Nightingale-abstained. Minutes approved. Councilperson Virginia Nightingale made a motion, seconded by Councilperson Carrie Bither to accept the minutes from the February 12th, 2007 monthly board meeting. 4-ayes, Motion Carried. Roll call showed: Supervisor Gary Flaherty-yes; Councilperson Carrie Bither-yes; Councilperson David Patzwahl-yes; and Councilperson Virginia Nightingale-yes. Minutes approved.

BILLS: Councilperson Virginia Nightingale made a motion, seconded by Councilperson Carrie Bither to approve payment of bills presented. General Fund, #42-#58, in the amount of $18,394.51. Encumbered General Fund, #161-#162, in the amount of $28,987.86. Highway Fund, #16-#30 in the amount of $8,724.12. 4-ayes, Motion Carried. Roll call showed: Supervisor Gary Flaherty-yes; Councilperson Carrie Bither-yes; Councilperson David Patzwahl-yes; and Councilperson Virginia Nightingale-yes. Motion Carried.

CORRESPONDENCE: Supervisor Gary Flaherty read the list of correspondence. All correspondence is on file at the Town Clerk office and may be seen during normal business hours.
1. Copy of 2007 Columbia County Budget.
2. Letter from NY DOT re: Vanderburg Road Project.
3. Proposed library contract.
4. Letter of support for the residents of Flints Crossing Road.
5. NY DOT letter re: Program update for Region 8 projects which include the
Vanderburg Road Project.
6. Response from Supervisor to the County Offer to assist with litigation.
7. Letter to ZBA Chair and cc to Town Supervisor re: CSX’s opposition to a Zoning Variance to R.D. Clark’s proposed facility.
8. Notice of Tentative Railroad Ceiling from ORPS.
9. Notice from ZEO re: Zoning violations junk cars.
10. Notice of Tentative Special Franchise from ORPS for 2007.
11. ZEO Monthly report.
12. Transfer Station January Report.
13. Letter from Hudson River Watch re: formation of watershed protection group.
14. Copy of filing letter to the Dept of State for Local Law 1, year 2007.
15. Copy of Letter and schedule from Common Ground Dispute Resolution, Inc.
16. Letter from Columbia County Planning Board re: Census 20l0 preparation – LUCA.
Note: Highway and Assessor Reports to be added when received.

Supervisor Flaherty introduced the Berkshire Farm, Deputy Administration assistant, representing the Farm, an attending the board meeting.

SUPERVISOR’S MONTHLY REPORT -
for March at the April meeting – 2007
General Fund $317,498.34
Highway Fund $302,631.13
Highway Capital $ 47,158.91
Ambulance $ 51,737.78
EAC-February $ 10,249.97

HIGHWAY REPORT:
The monthly report is on file at the Town Clerk’s office. Superintendent of Highways, Bernhard Meyer, said they did not get a bid on the dump truck. They had a reserve minimum of $4,000.00 on it. We shall go out for bid again without a minimum on it.

MOTION: Supervisor Gary Flaherty made a motion, seconded by Councilperson Virginia Nightingale to approve the underground line permits presented by Highway Superintendent, Bernhard Meyers. One permit is for the Ellen DelliBovi property and the other is for Brain Lefree property both of Schoolhouse road. 4-ayes, Motion Carried. Roll call showed: Supervisor Gary Flaherty-yes; Councilperson Carrie Bither-yes; Councilperson David Patzwahl-yes; and Councilperson Virginia Nightingale-yes. Motion Carried.

Highway Bids:
2007 Bemiss Colarusso Rifenburg
Sand & Gravel Y N Y N Y N Y N Y N
Certificate of Business Y Y Y
Certificate of Insurance Y Y Y
Non-collusion Certificate Y Y Y
DEC mining permit Y Y Y
Overweight permit
Conversion factor 1.25
Distance from TOC yard 19 29/21.3 30
FOB Delivered FOB Delivered FOB Delivered FOB Delivered Delivered Bemiss FOB Delivered Delivered Bemiss**
2" Screened Stone $7.80 $14.53
3" Screened Stone $7.00 $13.73
3"-6" Screened Stone
6"+ Screened Stone
3"+ Stone cobble tailings $5.25 $11.25 $10.40 $5.10 $11.83
1/4" Washed Stone $7.00 $13.00 $12.15 $7.35 $14.08
1/2" Washed Stone $7.00 $13.00 $12.15 $7.00 $13.73
3/4" Washed Stone $7.00 $13.00 $12.15 $7.20 $13.93
1 1/2" Washed Stone $7.00 $13.00 $12.15
Winter Sand 33% grit $9.00 $15.00 $14.15
1/4 Grit $6.00 $12.73
Bank Run Gravel $4.50 $10.50 $9.65 $2.85 $9.58
1" Minus $7.00 $13.00 $12.15 $5.60 $12.33
2" Minus $7.00 $13.00 $12.15 $4.50 $11.23
Item #4 (crusher run mod) $7.70 $12.70 $12.60 $4.50 $11.23
Rip Rap - light $10.10 $15.10 $15.00
Rip Rap - medium $10.25 $17.25 $15.15
Rip Rap - heavy $10.25 $17.25 $15.15
Shale $12.50 yd
Screen fill modified $6.75 $11.75 $11.65
Stone screening
1/4" - 1A Washed Crushed $10.10 $15.10 $15.00
1/2" Washed Crushed $9.75 $14.75 $14.65
3/4" Washed Crushed $9.50 $14.50 $14.40
1 1/2" Washed Crushed $9.50 $14.50 $14.40
1"s & 2's mixed $9.75 $14.75 $14.65
2" - 3" Crushed Stone $9.85 $14.85 $14.75
3" - 4"" Crushed Stone $9.85 $14.85 $14.75
6"+ Crushed Stone
*Fuel surcharge 1% increase on all rates for every 7 cents fuel goes up over the New England average. (202-586-6966) $2.650 as of 2/27/07
**Converted yd to ton with a 1.3 conversion rate

Colarusso
Asphalt Y N
Certificate of Business Y
Certificate of Insurance Y
Non-collusion Certificate Y
FOB per ton $46.50 - $55.00


James Reed Gorman
Dust Suppression Y N Y N
Certificate of Business Y N
Certificate of Insurance Y Y
Non-collusion Certificate Y Y
(W) Delivered/Applied $0.98
(S) Delivered/Applied $0.98 $1.02
Macfarlane * Bemiss * Bemiss *
Trucking Y N Y N Y N
Certificate of Business Y Y Y
Certificate of Insurance Y Y Y
Non-collusion Certificate Y Y Y
Overweight permit Y N N
Tractor Trailer *4hr minimum site work $110.00
Steel trailer (6+ stone) *4hr minimum site work $135.00
Tri Axle Dump $80.00 $90.00
Horse Power 350 600/550 430
Average Load Size 22t/15yd 35t/22yd 22t/16yd

(T) Colarusso Quarry $4.90 $4.90
(T) Colarusso Sand $5.15 $5.15
(Y) Rifenburg $8.75 $8.75
*Fuel surcharge 1% increase on all rates for every 7 cents fuel goes up over the New England average. (202-586-6966)
2007 BIDDER BIDDER

TCBR MACFARLANE
Certificate of Business Y Certificate of Business Y
Certificate of Insurance Y Certificate of Insurance Y
Non-Collusion Y Non-Collusion Y
ITEM #1A
Per hour $125.00
Per week $4,500.00
Y/M/M 1999 Komatsu 120
4 hr minimum
ITEM #2A
Per hour $175.00
Per week $6,300.00
Y/M/M 2004 Cat 315L
8 hr minimum
ITEM #3A
Per hour $240.00
Per week $8,640.00
Y/M/M 2004 Cat 320 L
8 hr minimum
ITEM #1B
Per hour $125.00
Per week $4,500.00
Y/M/M 2005 Case 850 K
4 hr minimum
ITEM #2B
Per hour
Per week
Y/M/M
ITEM #3B
Per hour $275.00
Per week $10,000.00
Y/M/M 2004 Cat D6R
8 hour minimum
BIDDER BIDDER
TCBR MACFARLANE
ITEM #1C / 2C
Per hour $110.00
Per week $3,960.00
Y/M/M 2004 Cat CS560
8 hour minimum
ITEM #1D
Per hour $129.00
Per week $4,900.00
Y/M/M 2003 GMC Topkick
ITEM #1D *price with two laborers
Per hour $229.00
Per week $8,900.00
Y/M/M 2000 Chevy 3500 service truck


Chemung TCBR
Culverts Y N Y N
Certificate of Business Y Y
Certificate of Insurance Y Y
Non-collusion Certificate Y Y
ADS N-12
8"
10"
12" $3.77 $5.70
15" $5.26 $7.00
18" $7.80 $11.00
24" $12.05 $16.25
30" $19.25 $25.75
36" $24.75 $32.00
42" $42.50 $47.00
48" $44.50 $57.00
60" $75.99 $97.00
CMP
12" 16G $7.97 $7.75
15" 16G $9.90 $9.95
18" 16G $11.93 $12.50
24" 16G $15.95 $16.00
30" 14G $22.33 $22.50
36" 14G $27.83 $29.00
42" 14G $32.78 $32.00
48" 12G $48.95 $49.00
60" 10G $77.00 $77.00
72" 10G $98.39 $97.00
Arch 25% 25%
Bands per ft per ft
Road Fabric woven
12.5' X 432' $340.00 $427.00
17.5 X 310' $340.00 $427.00
Drainage fabric non-woven
12.5 X 360' $225.00 $375.00
Guide Rail
prices include hardware new used new used (price per foot)
W-beam (12' 5") $76.00 $99.38 $50.00 $7.95 $4.00
3" post $41.50 $49.00 $15.00
6" post $41.50 $54.00 $15.00
Wraparound ends $42.50 $49.00
Radius rail $110.00 $12.00 pr ft
Installation $185.00 $7.95
per hour per ft


MOTION: Councilperson Virginia Nightingale made a motion, seconded by Councilperson David Patzwahl to accept the recommended bidders, (recommended bidders are highlighted), presented by Highway Superintendent, Bernhard Meyer. 4-ayes, Motion Carried. Roll call showed: Supervisor Gary Flaherty-yes; Councilperson Carrie Bither-yes; Councilperson David Patzwahl-yes; and Councilperson Virginia Nightingale-yes. Motion Carried.

FLOOD INSURANCE: Supervisor Gary Flaherty read the rates received for Town Hall Flood Insurance. Supervisor Flaherty asked the board if interested in increasing or retaining the same rate.

MOTION: Councilperson David Patzwahl made a motion, seconded by Councilperson Virginia Nightingale to approve payment at the currant coverage amount because said policy expires April 8th, 2007 and that the Supervisor shall inquire about changes in the policy, such as: increasing deductible, if said coverage is necessary, and what the cost difference would be. The information shall be provided at the April meeting for any necessary amendments that may be needed. 4-ayes, Motion Carried. Roll call showed: Supervisor Gary Flaherty-yes; Councilperson Carrie Bither-yes; Councilperson David Patzwahl-yes; and Councilperson Virginia Nightingale-yes. Motion Carried.

Supervisor Flaherty informed the board that the Special Building Fund Account has been set up and the electric transfer implementation was just completed. The accountant will transfer the necessary funds.

Building/Zoning Code Officer will be away March 26th thru April 5, 2007.

RESOLUTION #42 – Appointing Wes Powell to complete the un-expired term of Eric Lagerwall
WHEREAS, the Animal Control Officer position is vacant and Mr. Wes Powell of New Lebanon has acted as substitute for our pass Officer, and
WHEREAS, the Town Board of the Town of Canaan wishes to appoint Mr. Powell to complete the un-expired term, (December 31, 2007), of our past Officer, Mr. Eric Lagerwall,
NOW THEREFORE, BE IT RESOLVED that Mr. Wes Powell, of the Town of New Lebanon, is hereby authorized to serve for the Town of Canaan for the remaining term of office vacated, due to the death of Mr. Eric Lagerwall,
BE IT FURTHER RESOLVED that the Town Clerk shall notify Mr. Wes Powell of his appointment and administer the appropriate oath of office.
MOTION: Councilperson David Patzwahl made a motion, seconded by Supervisor Gary Flaherty to adopt said resolution. 4-ayes, Motion Carried. Roll call showed: Supervisor Gary Flaherty-yes; Councilperson Carrie Bither-yes; Councilperson David Patzwahl-yes; and Councilperson Virginia Nightingale-yes. Resolution #42 adopted.

RESOLUTION #43- Appointing J. Pierre Gontier representative for the Town on the Environmental Management Council
WHEREAS, Mr. J. Pierre Gontier, has served as the representative for Town of Canaan on the Environmental Management Council and,
WHEREAS, Mr. J. Pierre Gontier’s term will expire on May 11, 2007,
NOW THEREFORE, BE IT RESOLVED that the Town Board of the Town of Canaan wishes to reappoint Mr. J. Pierre Gontier to act as the representative, for a two year term on the Environmental Management Council, and
BE IT FURTHER RESOLVED that the nomination will be forwarded to the Columbia County Environmental Management Council for appointment.
MOTION: Supervisor Gary Flaherty made a motion seconded by Councilperson Carrie Bither to adopt said resolution. 4-ayes, Motion Carried. Roll call showed: Supervisor Gary Flaherty-yes; Councilperson Carrie Bither-yes; Councilperson David Patzwahl-yes; and Councilperson Virginia Nightingale-yes. Resolution #43 adopted.

RESOLUTION # 44 - RESOLUTION AUTHORIZING SUBSTITUTION OF COUNSEL PURSUANT TO COLUMBIA COUNTY PROGRAM FOR SHARING OF DEFENSE COSTS IN TAX ASSESSMENT LITIGATION
WHEREAS, Columbia County advised the Town of Canaan that it has identified pending litigation entitled Resnick v. Town of Canaan (Index No.8742-04), Sommers v. Town of Canaan (Index No. 9047-04) and Ransford v. Town of Canaan (Index No. 10103-05), hereinafter the “Tax Assessment Litigation”, as having county-wide importance, and
WHEREAS, Columbia County intervened in the Tax Assessment Litigation and is represented therein by Jason Shaw, Esq. of the law form of Rapport, Meyers, Whitbeck, Shaw & Rodensausen, and
WHEREAS, the Town of Canaan is represented by the law firm of Hiscock & Barclay, LLP in its defense of the Tax Assessment Litigation, and
WHEREAS, on January 10, 2007 the County Board of Supervisors adopted Resolution No. 17-2007 authorizing a County program for sharing of defense costs in real property tax assessment litigation, and
WHEREAS, on January 12, 2007, the Columbia County attorney advised the Town that he will undertake a joint defense with the Town of Canaan in the above-referenced Tax Assessment Litigation, upon the following terms and conditions:
I. The Town of Canaan and Columbia County would each contribute fifty percent (50%) of the defense and litigation costs, including legal fees, expert witness fees and costs and disbursements in connection with the Tax Assessment Litigation;
II. The Town of Canaan shall retain Rapport, Meyers, Whitbeck, Shaw & Rodenhausen, LLP, (Jason L. Shaw, Esq., of Counsel) to represent its interests in its continued defense of the Tax Assessment Litigation;
III. The County shall provide an inter-municipal agreement in connection with the shared Tax Assessment Litigation representation to the Town of Canaan;
IV. The County Attorney shall keep the Town abreast of all developments in the Tax Assessment Litigation;
V. No settlement of the Tax Assessment Litigation shall be agreed to without the Town’s input and consent;
VI. In the event a conflict shall develop in the future concerning the County’ and the Town’s respective positions; in the Tax Assessment Litigation, or the Town wishes to withdraw from the joint defense program for any reasons, the Town may withdraw without further obligation to the County or its attorney, and
WHEREAS, the case of Vedder v. Town of Canaan (Index No. 1200-06) is integrally related to said Tax Assessment Litigation in that it concerns a counterclaim asserted in the case of Sommers v. Town of Canaan (Index No. 9047-04), and
WHEREAS, on February 12, 2007, the Canaan Town Board determined that it is in the economic interests of the Town to participate in the County’s program regarding sharing of defense costs in said Tax Assessment Litigation, and
WHEREAS, participation in the County’s sharing of defense costs in the Tax Assessment Litigation requires the Town to discontinue further legal representation by Hiscock & Barclay, LLP in said Tax Assessment Litigation, except for legal services required to assist in any transition to the representation of Rapport, Meyers, Whitbeck, Shaw & Rodenhausen, LLP, (Jason L. Shaw, Esq., of Counsel); now therefore be it
RESOLVED, that the Town of Canaan hereby terminates legal representation of Hiscock & Barclay, LLP in said Tax Assessment Litigation and in the matter of Vedder v. Town of Canaan (Index No. 1200-06), except for legal services required to assist in any transition to the representation of Rapport, Meyers, Whitbeck, Shaw & Rodenhausen, LLP, (Jason L. Shaw, Esq., of Counsel), which legal services the Town shall pay for at Hiscock & Barclay, LLP’s normal hourly rates, and be it further
RESOLVED, that the Town of Canaan retains Jason Shaw, Esq. of the law firm of Rapport, Meyers, Whitbeck, Shaw, & Rodenhausen to defend the Town in the Tax Assessment Litigation and in the matter of Vedder v. Town of Canaan (Index No. 1200-06).
MOTION: Councilperson Carrie Bither, seconded by Councilperson Virginia Nightingale to adopt said resolution. 4-ayes, Motion Carried. Roll call showed: Supervisor Gary Flaherty-yes; Councilperson Carrie Bither-yes; Councilperson David Patzwahl-yes; and Councilperson Virginia Nightingale-yes. Resolution #44 adopted.

LIBRARY CONTRACT:
MOTION: Councilperson Virginia Nightingale made a motion, seconded by Councilperson David Patzwahl to sign the presented Library Contract with the Chatham Central School District. Councilperson Carrie Bither, seconded by Councilperson Virginia Nightingale to adopt said resolution. 4-ayes, Motion Carried. Roll call showed: Supervisor Gary Flaherty-yes; Councilperson Carrie Bither-yes; Councilperson David Patzwahl-yes; and Councilperson Virginia Nightingale-yes. Motion Carried.

911 PHONE: Supervisor Gary Flaherty said that he has spoken to Mr. Jeff Pratt about installing a pay phone and it will be installed within the week.

MANDATORY TRAINING: Councilperson Virginia Nightingale wanted the Planning Board and Zoning Board members to be aware of the State hours required to be a member of said boards. The appointments to act on these boards will require proof of training. The Town reimburses all mileage and training fees.

ZONING LAWS: Councilperson Carrie Bither inquired about the status of the Zoning Laws.
Attorney Lois Phillips said that Mr. Cooper, chairperson of the Zoning Board; Mr. Ron Davis, and Mr. Don Malin, chairperson and co-chairperson; should make arrangements to work together on the proposed draft. They could continue work on what has already been done.

TIEGER COURT ORDER Councilperson David Patzwahl asked about the status of this decision. Attorney Lois Phillips said that the decision for thirty days clean-up has passed. The board agreed to wait until Mr. Tieger returns in April to pursue this issue.

ASSESSMENTS:
MOTION: Councilperson David Patzwahl made a motion, seconded by Councilperson Virginia Nightingale to advertise for an Assessor’s clerk. 4-ayes, Motion Carried. Roll call showed: Supervisor Gary Flaherty-yes; Councilperson Carrie Bither-yes; Councilperson David Patzwahl-yes; and Councilperson Virginia Nightingale-yes. Motion Carried.

Mrs. Donna Knight presented a packet that she and Mrs. Annabeth Dillon created. The packet includes time schedules and data information that should be made available to residents during the “grievance process” when one prepares for filing a grievance application. A lengthy discussion on this subject with the town board and the audience resulted in a motion.

MOTION: Councilperson Virginia Nightingale made a motion, seconded by Councilperson Carrie Bither for the Supervisor to write a letter to Mr. Craig Surprise addressing issues presented to the Town Board in the presented packet of suggestions. 4-ayes, Motion Carried. Roll call showed: Supervisor Gary Flaherty-yes; Councilperson Carrie Bither-yes; Councilperson David Patzwahl-yes; and Councilperson Virginia Nightingale-yes. Motion Carried.

ADJOURMENT: Councilperson Virginia Nightingale made a motion, seconded by Councilperson David Patzwahl to adjourn the meeting at 9:57 p.m. 4-ayes, Motion Carried. Roll call showed: Supervisor Gary Flaherty-yes; Councilperson Carrie Bither-yes; Councilperson David Patzwahl-yes; and Councilperson Virginia Nightingale-yes. Motion Carried.

Respectfully Submitted,
Charlotte L. Cowan, RMC
Canaan Town Clerk

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