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.

Highlights of the February 13, 2006 Town Board meeting by Brenda Adams

Present: Board members Carrie Bither, Ginny Nightingale & David Patzwahl; Supervisor Gary Flaherty; Town Clerk Charlotte Cowan; audience of approximately 32 people. Absent: Steve August.

Motion to enter into Executive Session at 6:35 to discuss appointments:
Present: the board members, supervisor, town clerk and Richard Klingler, Deputy Supervisor by invitation of the supervisor.

Meeting called to order at approximately 6:40.

Minutes from January 9th meeting approved.

Bills: Per resolution at January meeting bills are no longer read. Bills, including approximately $29K in highway bills from 2005, M/S/C. Bills included $15,000 plus in legal fees. (Motion, seconded, carried)

Salt Shed: The Supervisor informed the meeting that a petition requesting a permissive referendum had been received within the timeframe required by municipal law and with the requisite number of signatures (5% of the registered voters in the last gubernatorial election.) The town is required under municipal law to hold a referendum within 60 to 75 days of January 21 (date of receipt of petition plus 5 days.)

For the next hour there followed discussion among the board and between the audience concerning the referendum. Questions included:

Q(s): What are residents voting on? Is the vote an up and down on the proposed salt shed and what it costs? Is it a vote on the proposed $850,000 Bond Anticipation Note, referenced in the December resolution and discussed in January? Is it limited to a vote on the funds committed to the capital reserve account, the subject of the December resolution?

A: No specific answer available, general consensus that referendum was limited in scope by the language of the petition. Board agreed to consult attorney for clarification, Gary to make the call to the attorney.

Q: Ginny asked if it is determined that the language of the referendum is limited to the text of the petition, can the Board add additional or voluntary questions on the same ballot at the same referendum, soliciting public input on various issues and saving time and money. Additional questions raised about the options of balloting, i.e. paper, voting machines, etc. She remarked there had been no opportunity for public input since receipt of the revised estimates for the project.

A: No answer to this question. To be discussed with the attorney.

Q: Who writes the language of the referendum?
A: We do (Gary).

Q: We don't want to impair the capital reserve account can we rescind the resolution?
Q: It is one thing to rescind a resolution; can the Board rescind a resolution with a valid petition on file?

A: No answers to either question. To be discussed with the attorney.

Q: Is Bernie set on one design? Ginny asked Bernie to clarify the special circumstances for Canaan’s site location and to identify the costs associated with that part of the project.
A: No objection to anything else; any other design should consider the topography and the $30K previously spent in engineering fees for this building. (Bernie)

John Adams asked the board to consider an alternative design that is in use by various local agencies including the Thruway Authority, the County Highway Department and the Town of Ghent. The alternative seemed to meet all town specifications yet only cost $230,000. Information packets on the alternative were distributed to all board members and to Bernie Meyer.

Other comments by Bernie: This is the board's project; I'm out of it. It's not my job; it's a good solid plan, not excessive. DEC is fully involved (with this design), they have basically given their OK. The current plan addresses Phase 2 Storm Water issues; beyond that size, height, aesthetic issues are considerations.

Comment from Bill Greenfield: No engineering firm can give you anything but an educated guess, a range of figures. We need to come up with a firm price for the building and the site work.

Q: Ginny asked if the board should consider a liaison to the highway committee to coordinate and/or expedite the project?

A: Bernie attends all the Board meetings; a board liaison is not necessary (Gary).

The Board outlined the following steps to move the project forward:
· Gary to speak with attorney on the above questions and report results to the Board.
· Hold a special, workshop meeting of the Board for February 27 to prepare for a public information meeting on the project.
· Hold a public information meeting on Saturday, March 11 at 11 AM to discuss and answer questions from the board and the public and to prepare for a possible referendum.
· Schedule a tentative referendum date, pending answers from the attorney, for Tuesday, March 21 from 2PM to 9 PM.

The Board moved on to other business.

Resolution 34 to acknowledge Bill Walker's 75 years of service to the Canaan Fire Company; Willow Lane will be renamed Walker Lane, M/S/C.

Resolution 35 to acknowledge Doug Wadsworth's 30 years of service to the Canaan Highway Department, M/S/C.

Resolution 36 authorizing the Supervisor and the Highway Superintendent to allocate Canaan highway department equipment and personnel, if needed, to protect homes and infrastructure along the Claverack Creek (serious flooding problem, in all the papers, could threaten town access to Columbia Memorial Hospital if the bridge is impassable, etc), M/S/C.

Questions were raised in reference to resolution 36 about the availability of town funds to provide this service and the County Highway’s role in assisting.

Resolution 37, authorizing the Town Clerk and Deputy Clerk Barbara Fischer to attend the upcoming town clerk's training conference, conference includes seminars for tax collectors, M/S/C.

Resolution 38, to transfer $75,000 from the General Fund account to the Highway Account; these funds were collected for the highway department and upon advice of the accountant are being transferred in increments to the highway account, M/S/C.

Motion for appointments to the Ethics Board; nominations will be offered one at a time:

Al Vinck- 3 year term/ chairman: 3 no, 1 yes
Jack Leal -3 year term: 4 yes
Paul Naamon -2 year term: 4 yes
Joe Davis 2 -year term/designated town official: 3 no, 1 yes
Pam Baisley- 2 year term and designated town official: 3 yes, 1 no
Susanne Pemrick 1 year term: 2 yes, 2 no
John Kowalski- 1 year term: 2 yes, 2 no

A motion was made by David to table the tie votes until the fifth board member is present to break the tie. Ginny clarified that the votes decided at this meeting would stand (Naamon, Leal & Baisley); the only votes at the next meeting would be for the undecided votes (ties). M/S/C
Note that the Board of Ethics Law is now available and will be issued to all town employees, officials and volunteers.

Correspondence: list read, available from the town clerk.

Motion to approve the 2006 ambulance service contract with the LVPA, M/S/C.
Gary reported the attorney advised approval of the contract; the town collected taxes on the LVPA's behalf; if need be the town can work this year to identify a new service provider for next year. Gary reported his conversations with the Chatham Rescue Squad indicated that Chatham could not handle Canaan's second district at this time. Ginny recommended that a subcommittee of the board meet with the LVPA to prepare for future contracts.

Highway report by Superintendent Bernie Meyer (10 minutes):
New grader here and in service.
Rain/weather has played havoc with roads.
Department applied over 700 tons of material on the roads in January, one-fifth of the annual budget.
Estimates the town lost 3 to 5 inches of road surface through plowing this winter, will take significant resources and time to repair.
Asked the board to authorize the highway super to go out to bid for materials & services with the goal of a board decision in March.

· Bernie requested the board authorize the purchase of a new truck (recommended state contract/April cut-off date) and authorize a search for a 5-6 year old sander for the new truck.
· Bernie requested the board authorize funds for the highway crew to attend a workshop on basic road building
· Bernie acknowledged Doug Wadsworth’s 30 years of service to highway department.

Q: Is there such a thing as a five-year purchase plan for equipment? (David)
A: Yes, I will get you a copy (Bernie).

Motion was M/S/C to purchase the truck
Motion was M/S/C to authorize going to bid for materials.
Motion was M/S/C to authorize training for the highway crew.

Q: Can Bernie provide estimates for the roof repair? (Ginny)
A: Not clear if there was an answer.

Motion was M/S/C to approve Patrick Pulver as the Zoning Enforcement Officer and Building Inspection Officer.

Q: Any news on the codification (of town laws) process (Ginny)?
A: Awaiting guidelines to move forward (Charlotte).

Q: Any news on the town mailboxes? (Ginny) The Supervisor had nothing to report. Ginny had done some research and presented design specs with costs to the board for consideration; the proposed amount was within the amount budgeted by the board.

Motion was M/S/C to approve the purchase of locking mailboxes.

The issue of indemnification for town officials and volunteers was raised and discussed at some length. Gary indicated that his information is that the Town Board needs to pass a resolution to protect officials and volunteers in case of lawsuits. Gary will speak to the attorney and request draft language for the next board meeting.

Dave asked the board to consider putting together a list of items that “we want to accomplish as a board. Something on paper, something we can be accountable for at the end of the day.� It was agreed that David would put together a list, after soliciting input from the board, for consideration by the board.

Questions from the audience:

Q: Is the Deputy Sheriff still on loan to the town?
A: Yes, the program is still in effect and the deputy is active in the town.

Q: Is the town collecting logging fees for the logging done in the town?
A: Yes, the fees are collected by the state and a portion returned to the town.

Q: If more than an acre is cleared, does the town know a permit is required? How do residents know a permit is required?
A: Gary is talking to the attorney about this issue.

Q: Is there an exemption for farmers, has this regulation been compared to county agricultural law?
A: Gary will ask the attorney.

Q: Are we looking for less expensive service to pump the septic tank?
A: Gary will advertise for new vendors. He also plans to advertise for fuel.

Ginny reminded the board that the issue of a vent for the oil burner still needs to be decided.

Curt Morris (member of park recreation committee) asked the board to consider a trail around Stoddard Park as one of its goals / future accomplishments.

Donna Knight asked about the financial disclosure statements for town officials relating to the new ethics law. Gary answered that all town officials, elected and appointed are subject to the disclosure. The board is waiting on Steve to provide NY State's disclosure form.

It was noted that no appointment had been made to fill the vacancy on the Board of Assessment review committee. Larry Salzman reported that the committee could not consider AnneBeth Dillon on the advice of counsel (no litigant should sit on any town board) and that a letter to that effect had been written to Mrs. Dillon. Ginny asked if the attorney had seen Anne Beth's response to Larry's letter. Gary indicated he had read the letter to the attorney that afternoon and her recommendation still stood. Ginny asked if the addendum had been included. As it had not, Ginny requested the attorney respond to all the information in the correspondence in written form for the benefit of the full board. Larry went on to say the other person who spoke to the BAR committee (about the vacancy) had expressed concerns about being sued. Larry went on to express concerns that without indemnification the town was jeopardizing Grievance Day and the ability of officials to do their job.

Becky Meier asked the town to carefully consider its advice from the attorney (regarding appointments to boards or committees), and to think of it as only part of the decision making process; ultimately it's up to the Town Board to make the final decision. It is inherently undemocratic to disqualify someone who feels the town has not fulfilled some part of its obligations from serving the town in another capacity. It is a form of punishment; it disenfranchises someone who is trying to do the right thing.

Meeting adjourned at approximately 9:30.