| Note: These are not official minutes. The official minutes are posted on the Town of Canaan's web-site after they are approved at a subsequent Town Board Meeting. |
July 10, 2006
Canaan Town Board
Notes
Present: Gary, Carrie, David, Steve
Charlotte took minutes
About 40 people in attendance.
Minutes amended (couldn’t hear how) and approved.
Correspondence listed:
Larry Salzman asked for legal indemnity
Building insurance report
Youth Program report
2 letters from Ann Vedder asking for legal indemnity
Zoning board minutes
??? Scholarship
May income of $18,000 from EAC (not received yet)
Col. Cty rescinding fuel tax if over $2/gallon
ZBA May minutes
Something about Animal Control Officer
Bernie and Gary attended a class on hazardous waste
Water pressure too low in town park water fountain
City Health Report on sodium and another? element in well at garage
Follow-up from ???
Wetlands permit
Highway report
NYORP equalization rate 100%
Davis Tractor thank you
Steve added letter from town justices on monthly fine receipts: 2003- $103,044, 2004: $119,730 2005- $137,496. Most of the money goes to the State Comptroller.
Resolutions:
Approved appointment of Mr. Walker to Building Committee (to join Mr. Munch, Bernie Meyer and Gary?)
The Board approved use of Town Hall for the weekly Alcoholic Anonymous meetings on Sunday from 8:30-11:00 a.m. They formerly met at the Grange which has been sold. The group will be asked to make a donation to cover maintenance costs- lights, heating, air conditioning. Gary will look into insurance. Steve will check the “Policy on Use of Town Hall� to see if any amendments are needed.
The Board approved use of the Stoddard Field baseball field for use by the Tatsawassa Fire Company (Brainard, NY) as long as they help to maintain them in a safe manner. They would like to use it Wednesday nights for softball. They will put in bases and create lines.
Board approved paying the Chatham Central School District’s bill for the Canaan Library. This was needed to prevent a 7/16 closure. The Board has questions about the bill which the town’s accountant and the school’s business office will resolve. The town pays the School for the Canaan librarian’s salary. In turn the School pays the librarian.
Town audit almost completed. The Highway Department will be added to the audit at an addition charge of about $800.
Gary proposed a Citizens Committee to study the Salt Shed issue- where should it be located (on present location or land offered by Mrs. Rose) and what type of shed (Morris Engineers, John Adams, Terry Mullins, others?) should be built. Decided that Steve August, David Patzwahl, the Building Committee and a few invited residents should consider the questions and bring a recommendation to the board at its August meeting. If other people would like to join committee, they may write the board expressing their interest.
Bernie said bids should go out by the beginning of April. Before then a plan needs to be decided on, a budget developed, and a BAN written and approved.
Gary is talking with ??? about how to invest the money that is being put aside for the salt shed.
Letter was received from Energy Answers Corp. (EAC) citing repairs they planned on making – Road to scale-house, road exiting transfer station, replace scale, replace floor tipping area, changing door opening, in order to be in compliance with the town’s contract with them. Complaints were heard about nails and screws causing flat tires. Someone suggested a magnet on a plow could pick up the nails. Pat Pulver is looking for the site plan and contract for EAC.
Bernie’s Highway report
Working on New Concord Road
Water Fountain installed in park
Three bids for town dump truck did not give enough specifics. (Bids came in the range of $43,000-45,000) Bernie would like to put out new bid and restructure bid sheet with more specifics.
Bernie read unsigned letter of complain dated June 24th about the unsightliness of the Town Garage area and its expansion into area to the east of original site. Bernie asked for writer to declare him/herself. Terry Mullens did so and said he spoke for Maurice Whipple, Gene Schwar(?) and Robert Juarez. Much heated discussion about need for expansion, why logs and boards were stored there, need for a buffer between garage and road, space needs for big tractor trailers, storage of Haupt (?) chipper trucks.
Assessor announced via letter that his new hours would be Wednesdays from 9 a.m.-1 p.m. with evening appointments made by request.
Gary reported that the Town’s attorney (Lois) reported that the town could not advertise for a new assessor unless the Assessor position is vacant or is known to be vacated soon, e.g. through receipt of a resignation letter. When asked by an audience member, Gary replied that he had spoken to ORPS about what was needed to fire an assessor. A Town Board has the power to hire and fire an assessor. But the discharged assessor has the right to a hearing before ORPS. It was unclear how the Board is going to proceed.
Audience members expressed dismay about Town Board’s lack of action about the faulty assessment process in Canaan. No apparent recognition of problem or attempt at solution to original complaints 2 years ago, no apparent action taken as a result of the lawsuits, no apparent actions taken despite much talk and several resolutions (which seem to get overturned by the attorneys). Steve told one audience member who is a litigant in the suit that she should “ask your lawyer, not us.� This answer did not address the question.
In response to the newspaper article quoting Supervisor Flaherty’s confidence in the town’s assessor, Gary said that he didn't necessarily agree with the assessor's (decisions/actions/views etc) but was being loyal to his employees.
Issues about Poppy’s lack of a building permit for addition, motorcycle on the roof (not allowed in Zoning Law), and late night noise were addressed in a letter that building inspector, Pat Pulver, sent to Poppy’s. They will be summoned to court if not in compliance.
Someone asked why people making a complaint needed to fill out a formal complaint form and sign their name. Gary said he fields complaints verbally and over the phone. A member of the Zoning Law Revision Committee discussed their decision to ask that zoning law complaints be signed to avoid harassment complaints.
Gary told town members who were disturbed by Poppy’s late night noise to call Chad, the resident deputy sheriff.
Tammy wanted it known for the record that she did not sign the letter complaining about the drinking fountain in the park.
Member of the audience asked for a report on the BAR hearings. Larry reported there were over 250 grievances and 90% got relief.
Annebeth Dillon reported the following:
313 properties were grieved
201 were heard by the Board of Assessment Review (BAR)
112 were decided by BAR or Craig Surprise
313 were residential properties
35 were vacant land
2 were commercial properties
297 got relief
16 did not (of those 6 were petitioner's properties).
The reductions ranged from $1,100 to $723,000
The total reductions through grievances: $27,399712 -this is more than 1/3 of Craig Surprise's increase in the town valuation for the 2006 tentative roll.
71 of those grieving also grieved last year.
The total amount Canaan collected in town taxes using the 2005 tax roll, was $163,809 - there was no town tax collected against the 2004 tax roll. The town has spent close to $250,000 fighting the lawsuits as of the end of June.
Assessor Surprise attended only the first day of BAR hearings. Annebeth said that Real Property Law 526 reads “the assessor shall be present at all BAR hearings.� Larry Salzman said that he called ORPS and heard that the Assessor is only required on the first day and invited to subsequent days. Salzman said that “shall� does not mean “must.� Members of the audience did not agree. The Board did not comment.
Minutes of BAR hearing available at Town Hall. Annebeth thought that 6 minutes per complaint was not sufficient time to address all issues. Some complaints recorded from the hearings included:
Robert Ross presented Charlotte with a petition signed by 160 people (from Democrats, Republicans and NOPs- a good cross-section of our town) requesting the Board seek mediation to end the Assessment Lawsuit.
Adjourned at 9:10
