PUBLIC HEARING – LOCAL LAW #2 OF THE YEAR 2007
Supervisor Flaherty opened the hearing at 6:30 p.m. There were five board members present: Supervisor Gary Flaherty; Councilperson Stephen August; Councilperson Carrie Bither; Councilperson David Patzwhal; and Councilperson Virginia Nightingale. Town attorney, Jessica Wilcox was present. There were nineteen people in the audience.
Supervisor Gary Flaherty read the Public Notice: PLEASE TAKE NOTICE, that there will be a public hearing before the Town Board of the Town of Canaan to be held at the Canaan Town Hall, County Route 5, Canaan, New York, on May 14th,2007 at 6:00 p.m.. to consider the adoption of Local Law No. 2 of the year 2007 which would set forth a Six-Month Moratorium on Town Approvals on Flints Crossing Road. A complete text of the proposed Local Law is available from the Canaan Town Clerk during normal business hours. Anyone interested may attend. The regular monthly Town Board meeting will follow.
The board took turns reading the complete text of the proposed Local Law.
Those in favor were: Peter Bartlett, Ron Davis,
Those against the proposed local law were:
All those wishing to be heard, having been heard, the meeting was closed by Supervisor Flaherty at 6:59 p.m.


CANAAN Monthly Town Board Meeting – May 14th, 2007
Supervisor Gary Flaherty opened the meeting at 7:00 p.m. with the Pledge of Allegiance to the Flag, followed by a moment of silence. There were five board members present: Supervisor Gary Flaherty; Councilperson Carrie Bither; Councilperson Virginia Nightingale; Councilperson David Patzwahl and Councilperson Stephen August. There were thirty-one people in the audience.

MINUTES: Councilperson Virginia Nightingale made a motion, seconded by Councilperson David Patzwahl to accept the minutes from the March 29th Special meeting and the April 09th , 2007 meeting. 5-ayes, Motion Carried. Roll-call showed: Supervisor Gary Flaherty-yes; Councilperson Carrie Bither-yes; Councilperson David Patzwahl-yes; and Councilperson Virginia Nightingale-yes; and Councilperson Stephen August-yes. Minutes approved.

BILLS: Councilperson Carrie Bither made a motion, seconded by Councilperson David Patzwahl to approve payment of bills presented. Encumbered General Fund, #163, in the amount of $16,593.51. General Fund, #84-#119, in the amount of $14,871.51. Highway Fund, #46-#54 in the amount of $51,092.17. 5-ayes, Motion Carried. Roll-call showed: Supervisor Gary Flaherty-yes; Councilperson Stephen August-yes; Councilperson Carrie Bither-yes; Councilperson David Patzwahl-yes; and Councilperson Virginia Nightingale-yes. Motion Carried.

Supervisor’s Monthly Financial Report:
General Fund Balance $308,943.59
Highway Fund Balance $305,405.62
Capital Highway Fund Balance $ 47,523.49
Ambulance & Fire District Bal. $ 52,184.85
Recreation Committee $ 1,595.36


FLAT BROOK CEMETERY: Supervisor Flaherty said that two applications were received. Questions concerning what the hourly rate would be using Town machinery. Supervisor Flaherty said that the previous caretakers said it took approximately ten hours each time.
MOTION: Flatbrook Cemetery: Councilperson Stephen August made a motion, seconded by Councilperson Virginia Nightingale to re-advertise for a caretaker position for the cemetery. The ad should include an hourly rate for an estimated time, using town equipment. The motion also approves one applicant to groom the cemetery grounds for one time, not to exceed $200.00. 5-ayes, Motion Carried. Roll-call showed: Supervisor Gary Flaherty-yes; Councilperson Carrie Bither-yes; Councilperson David Patzwahl-yes; and Councilperson Virginia Nightingale-yes; and Councilperson Stephen August-yes.

RESIGNATION: Supervisor Gary Flaherty read a letter of resignation from Board of Assessment Review Board (BAR) member Anthony Urso, effective immediately.
MOTION: Councilperson Virginia Nightingale made a motion, seconded by Councilperson David Patzwahl to advertise for a new BAR member. 5-ayes, Motion Carried. Roll-call showed: Supervisor Gary Flaherty-yes; Councilperson Carrie Bither-yes; Councilperson David Patzwahl-yes; and Councilperson Virginia Nightingale-yes; and Councilperson Stephen August-yes.

ASSESSOR’S MONTHLY REPORT: Supervisor Gary Flaherty read the monthly report. BAR chairperson, Larry Salzman, read ORPS compliances and said that the BAR chooses hours for Grievance Day, not the assessor. Bob Bartholomew, BAR member said that Grievance Day is set by law.
MOTION: Assessor’s Clerk: Supervisor Gary Flaherty made a motion, seconded by Councilperson Carrie Bither to table the appointment of an Assessor’s clerk until July. 5-ayes, Motion Carried. Roll-call showed: Supervisor Gary Flaherty-yes; Councilperson Carrie Bither-yes; Councilperson David Patzwahl-yes; and Councilperson Virginia Nightingale-yes; and Councilperson Stephen August-yes.
MOTION: BAR Clerks: Councilperson Virginia Nightingale made a motion, seconded by Councilperson Carrie Bither to appoint both applicants to act as clerks for BAR as needed. Applicants: Julie Alexander and Tammy Flaherty. 5-ayes, Motion Carried. Roll-call showed: Supervisor Gary Flaherty-abstained; Councilperson Carrie Bither-yes; Councilperson David Patzwahl-yes; and Councilperson Virginia Nightingale-yes; and Councilperson Stephen August-yes.

COMPUTER: Supervisor Flaherty said that the Town Clerk’s office now has a computer, for the public use, to look up assessment data. This computer may be accessed during normal clerk office hours.

POPPYS: Supervisor Gary Flaherty read information about the Liquor license notice to the town and that the Poppy establishments license expires the end of May, 2007. Valerie Shuba started to speak for the owner, Richard Birch, Jr. An audience member spoke up saying she could not speak for Mr. Birch because she did not present the board a notarized authorization stating she could speak for Mr. Birch.
MOTION: Councilperson Carrie Bither made a motion, seconded by Councilperson Virginia Nightingale to write a letter to the New York State Liquor Board with copies of complaints requesting that their liquor license not be reissued. 5-ayes, Motion Carried. Roll-call showed: Supervisor Gary Flaherty-yes; Councilperson Carrie Bither-yes; Councilperson David Patzwahl-yes; and Councilperson Virginia Nightingale-yes; and Councilperson Stephen August-yes.
MOTION: Councilperson Carrie Bither, a neighbor, withdrew her motion.
Councilperson Virginia Nightingale made a motion, seconded by Councilperson David Patzwahl to write a letter, outline violations and recommend that the Liquor license not be renewed. 5-ayes, Motion Carried. Roll-call showed: Supervisor Gary Flaherty-yes; Councilperson Carrie Bither-abstained; Councilperson David Patzwahl-yes; and Councilperson Virginia Nightingale-yes; and Councilperson Stephen August-yes. Supervisor Flaherty said he would write the letter.

Supervisor Gary Flaherty announced where the Fire Exits were in case of emergency.

HIGHWAY REPORT: Highway Superintendent, Bernhard Meyer, read his monthly report.
Superintendent Meyer asked permission to attend Highway school June 4th through June 6.
MOTION: Councilperson Virginia Nightingale made a motion, seconded by Councilperson David Patzwahl for Highway Superintendent, Bernhard Meyer to attend Highway school in June.
5-ayes, Motion Carried. Roll-call showed: Supervisor Gary Flaherty-yes; Councilperson Carrie Bither-yes; Councilperson David Patzwahl-yes; and Councilperson Virginia Nightingale-yes; and Councilperson Stephen August-yes.
The monthly report is on file at the Town Clerk’s office.

MOTION: Councilperson Virginia Nightingale made a motion, seconded by Supervisor Gary Flaherty to approve the underground line permit number 149, presented by Highway Superintendent, Bernhard Meyers, for the Mr. Burt L. Stern property located at 426 Maple Drive. 5-ayes, Motion Carried. Roll-call showed: Supervisor Gary Flaherty-yes; Councilperson Carrie Bither-yes; Councilperson David Patzwahl-yes; and Councilperson Virginia Nightingale-yes; and Councilperson Stephen August-yes.

MOTION: Arthur Tieger Property – Red Rock: Councilperson David Patzwahl made a motion, seconded by Councilperson Stephen August for the town to take the next necessary steps to comply with the court order to clean the area of the residence from the clutter. 5-ayes, Motion Carried. Roll-call showed: Supervisor Gary Flaherty-yes; Councilperson Carrie Bither-yes; Councilperson David Patzwahl-yes; and Councilperson Virginia Nightingale-abstain (a neighbor); and Councilperson Stephen August-yes.
Red Rock resident, Mr. George Lee, asked that the town take action to clean Mr. Tieger’s property. The town attorney, Ms. Jessica Wilcox said that the Supreme Court ruling was needed for the town to cleanup the property.

CORRESPONDENCE: Supervisor Gary Flaherty read the list of correspondence.
1. Letter from Governor re: International Code Council.
2. Copy of proposed Local Law imposing a moratorium on Flints Crossing Road.
3. Notice of County Public Hearing on Mortgage Tax. (with Supervisor for Board
Meeting.
4. Letter from Governor re: Committee on Consolidation and Merging of Services.
(with Supervisor for action)
5. Letter from County Fire Coordinatior re: thank you to Fire Companies during the
Emergency and wild fires. (To be read a Town Board Meeting)
6. FINAL ceiling for Assessment for the railroad.
7. FINAL ceiling for Assessment for the Special Franchise FULL VALUE
8. Letter from Hiscock and Barclay w/ signed enclosures by Town Assessor re:
Berkshire Farm’s Assessment Exemption for 2007.
9. Copy of “NOTICE OF Meeting” conducted under Attorney Client Priviledge. All
required notices made.
10 New York State Legislature letter to Governor Spitzer requesting A State of
Emergency for Columbia County.
11. Letter to Highway Superintendent re: CHIPS for this year.
12. Transfer Station Monthly Report.
13. Article re: Market correction in local real estate.
14. Information on STAR Rebates.
15. ZBA minutes.
16. Monthly Report from the Building Inspector.
17. Response Time Analysis of Ambulance/First Responders throughout County.
18. 2007-2008 Enacted State Budget Impact on County Government.
19. Fact sheet from ECO-GRID.
20.Letter from CDPHP of new insurance of timothy’s Law.
21.Letter from County Environmental Management Council re: Council Membership.
22. NYS Department of Transportation – CHIPS Highway information.
23. NYS Legislature – Columbia County letter from District Senators and Assemblymen requesting areas offering aid to flooding districts.
All correspondence is on file at the Town Clerk office and may be seen during normal business hours.


ADJOURMENT: Councilperson Carrie Bither made a motion, seconded by Councilperson David Patzwahl to adjourn the meeting at 9:07 p.m. 5-ayes, Motion Carried. Roll-call showed: Supervisor Gary Flaherty-yes; Councilperson Carrie Bither-yes; Councilperson David Patzwahl-yes; Councilperson Stephen August-yes; and Councilperson Virginia Nightingale-yes. Motion Carried.

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

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