February 12th, 2007 – Monthly Town Board Meeting

Supervisor Gary Flaherty opened the meeting 6:00 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 Stephen August; Councilperson David Patzwahl; Councilperson Carrie Bither; and Councilperson Virginia Nightingale. There were twelve people in the audience.

Supervisor Flaherty introduced the County attorney, Jason Shaw. Attorney Jason Shaw met with the Town Board in executive session.
EXECUTIVE SESSION: Councilperson Carrie Bither made a motion, seconded by Councilperson David Patzwahl to move into executive session to discuss ongoing litigation matters pertaining to assessments.
Motion: Councilperson Carrie Bither made a motion, seconded by Councilperson David Patzwahl to return to the regular meeting at 7:07p.m. Supervisor Gary Flaherty explained that there were no decisions or motions made in executive session.

COLUMBIA COUNTY PROPOSAL MOTION: Councilperson David Patzwahl made a motion, seconded by Councilperson Carrie Bither to accept Columbia County’s proposal to assist the Town with cost and litigation matters in the assessment lawsuits. 4-ayes, Motion Carried. Roll call showed: Supervisor Gary Flaherty-yes; Councilperson Stephen August-no; Councilperson David Patzwahl-yes; Councilperson Carrie Bither-yes; and Councilperson Virginia Nightingale-yes. Motion Carried.

MINUTES: Motion: Councilperson Virginia Nightingale made a motion, seconded by Councilperson Carrie Bither to accept the minutes from the January 8TH, and January 17th, 2007 meeting minutes, as amended. 5-ayes, Motion Carried. Roll call showed: Supervisor Gary Flaherty-yes; Councilperson Stephen August-yes; Councilperson David Patzwahl-yes; Councilperson Carrie Bither-yes; and Councilperson Virginia Nightingale-yes. Motion Carried.

BILLS: Councilperson David Patzwahl made a motion, seconded by Councilperson Stephen August to approve payment of all bills presented: General Fund, #5-#41 in the amount of $26,315.80; Encumbered General Fund, #154-#160 in the amount of $3,698.18. Highway Fund, #2-#15 in the amount of $4,274.67; Encumbered Highway Fund, #132-#139 in the amount of $50,694.26.
5-ayes, Motion Carried. Roll call showed: Supervisor Gary Flaherty-yes; Councilperson Stephen August-yes; Councilperson David Patzwahl-yes; Councilperson Carrie Bither-.yes; and Councilperson Virginia Nightingale-yes. Motion Carried.
Councilperson David Patzwahl presented his monthly graph of the current cash flow analysis.

SUPERVISOR’S MONTHLY REPORT:

CHATHAM CENTRAL SCHOOL LIBRARY CONTRACT: Councilperson David Patzwahl made a motion, seconded by Supervisor Gary Flaherty to approve the presented contract with the Chatham Central School and the Canaan Library. 5-ayes, Motion Carried. Roll call showed: Supervisor Gary Flaherty-yes; Councilperson Stephen August-yes; Councilperson David Patzwahl-yes; Councilperson Carrie Bither-yes; and Councilperson Virginia Nightingale-yes. Motion Carried.

PUBLIC HEARING – VETRANS TAX EXEMPTION
Councilperson David Patzwahl and Councilperson Virginia Nightingale asked about the two-phase approach that Columbia County has done.
Mrs. Annabeth Dillion, and Mr. Larry Salzman were in favor of the exemption.
After everyone was heard that wished to be heard the hearing was closed.

RESOLUTION #37 – VETRANS TAX EXEMPTION
WHEREAS, Real Property Tax Law Selection 458-a has been recently amended to provide for an increase to the maximum veterans’ exemption allowable pursuant to such section, and
WHEREAS, the increase may be adopted upon the enactment of a Local Law, and
WHEREAS, the Town of Canaan has held a public hearing in connection with this matter on February 12, 2007, and
WHEREAS, the Town of Canaan supports a Local Law that would provide for such increase in the veterans’ exemption, in recognition of the service that such veterans have given to their country,
NOW, THEREFORE, BE IT RESOLVED that Local Law No. 1 of the year 2007 for the Town of Canaan which will increase the maximum exemption allowable for veterans pursuant to Real Property Tax law Section 458-a be and same is hereby adopted.
MOTION: Councilperson Virginia Nightingale made a motion, seconded by Councilperson Carrie Bither to adopt resolution #37. 5-ayes, Motion Carried. Roll call showed: Supervisor Gary Flaherty-yes; Councilperson Stephen August-yes; Councilperson David Patzwahl-yes; Councilperson Carrie Bither-yes; and Councilperson Virginia Nightingale-yes. Resolution #37 adopted.

RESOLUTION #38 – DISABLED AND LOW INCOME CITIZEN REAL PROPERTY TAX EXEMPTIONS
WHEREAS, Columbia County has established a Local Law known as “A Local Law Establishing Income Levels for Real Property Taxes for Disabled and Low Income Citizens”,
WHEREAS, this local law is enacted pursuant to the requirements set forth in the New York State Real Property Tax Law ss459-c to establish real property tax income levels for disabled and low-income citizens.
WHEREAS, the Town Board of the Town of Canaan supports an increase to the exemption levels for disabled and low income citizens in the Town of Canaan,
NOW, THEREFORE, THE TOWN OF CANAAN DOES HEREBY RESOLVE that the exemption sliding scale levels and the percentage of assessed valuation exempt from taxation:
Annual Income % of Exemption
$ - $26,000.00 50
$26,000.01 - $26,999.99 45
$27,000.00 - $27,999.99 40
$28,000.00 - $28,999.99 35
$29,000.00 - $29,899.99 30
$29,900.00 - $30,799.99 25
$30,800.00 - $31,699.99 20
$31,700.00 - $32,599.99 15
$32,600.00 - $33,499.99 10
$33,500.00 - $34,399.99 5
This resolution shall take effect immediately in accordance with the requirements of the New York State Municipal Home Rule Law.
MOTION: Councilperson Stephen August made a motion, seconded by Councilperson Virginia Nightingale to adopt said resolution. 4-ayes, Motion Carried. Roll call showed: Supervisor Gary Flaherty-yes; Councilperson Stephen August-yes; Councilperson David Patzwahl-no; Councilperson Carrie Bither-yes; and Councilperson Virginia Nightingale-yes. Resolution #38 adopted.

MOTION: Supervisor Gary Flaherty made a motion, seconded by Councilperson Virginia Nightingale to amend Resolution #2 of the year 2007 by changing the years to read 2006 thru 2009 not 2007 thru 2010. 5-ayes, Motion Carried. Roll call showed: Supervisor Gary Flaherty-yes; Councilperson Stephen August-yes; Councilperson David Patzwahl-yes; Councilperson Carrie Bither-yes; and Councilperson Virginia Nightingale-yes. Resolution #2 of year 2007 amended.

RESOLUTION #39 – ENACTMENT TO ABOLISH THE OFFICE OF THE TAX COLLECTOR
A resolution to abolish the Office of Tax Collector:
Be it enacted by the Town Board of the Town of Canaan as follows:
Section 1. Tax Collector office abolished.
The office of Tax Collector in the Town of Canaan is abolished.
Section 2. Duties of the Town Clerk.
Pursuant to Section 36 of the Town Law, the duties of the office of the Tax Collector are transferred to the Canaan Town Clerk who shall collect and receive all state, county, and town taxes and assessments that may be levied in the Town of Canaan and the Town Clerk shall have all the powers and be subject to all the duties of a collector with respect to the collection of such taxes, the deposit of receipts, and the return of unpaid taxes, as provided by Town Law Section 35 (1).
Section 3 Effective Date is December 31st, 2007, the expiration date of the elected tax collector office.
This resolution, after its adoption by the Town Board of the Town of Canaan, shall take effect January 01, 2008.
MOTION: Councilperson Virginia Nightingale made a motion, seconded by Councilperson David Patzwahl to adopt said resolution. 5-ayes, Motion Carried. Roll call showed: Supervisor Gary Flaherty-yes; Councilperson Stephen August-yes; Councilperson David Patzwahl-yes; Councilperson Carrie Bither-yes; and Councilperson Virginia Nightingale-yes. Resolution #39 adopted.
Councilperson David Patzwahl asked that the Tax Collector salary be combined with the Town Clerk salary. Supervisor Gary Flaherty said, “yes”.



RESOLUTION #40 – ESTABLISHING A SALT SHED ACCOUNT
WHEREAS, the Canaan Town Board wishes to transfer $24,000.00 from the established Town Hall Building Account, (#004831158662), to the referendum established Capital Reserve Fund for the Salt Shed,
NOW THEREFORE, BE IT RESOLVED that the Town Board of the Town of Canaan
does hereby give permission for the Budget Officer to transfer said funds.
MOTION: Councilperson David Patzwahl made a motion, seconded by Councilperson Virginia Nightingale to adopt said resolution. 5-ayes, Motion Carried. Roll call showed: Supervisor Gary Flaherty-yes; Councilperson Stephen August-yes; Councilperson David Patzwahl-yes; Councilperson Carrie Bither-yes; and Councilperson Virginia Nightingale-yes. Resolution #40 adopted.

RECREATION REPORT: Councilperson Carrie Bither asked installing a “911” phone asked for by the Recreation committee. There is concern of misuse of such a phone. Research is needed to address such concerns.

HIGHWAY REPORT: Monthly report is on file at the Town Clerk office and may be seen during normal business hours.
Superintendent of Highways, Bernhard Meyer, asked that the Organizational Resolution concerning the Flagger pay rate be amended to $12.21 per hour, not $9.53. The board said they would need a resolution at next months meeting.

MOTION: Councilperson Stephen August made a motion to adopt the new FEMA rates, the last time the rates were adopted was in 2003, seconded by Councilperson Virginia Nightingale. 5-ayes, Motion Carried. Roll call showed: Supervisor Gary Flaherty-yes; Councilperson Stephen August-yes; Councilperson David Patzwahl-yes; Councilperson Carrie Bither-yes; and Councilperson Virginia Nightingale-yes. Motion adopted.

Superintendent Meyer asked permission to go out to bid for materials.
MOTION: Councilperson Virginia Nightingale made a motion, seconded by Councilperson Carrie Bither for the Highway Superintendent to go out to bid for materials. 5-ayes, Motion Carried. Roll call showed: Supervisor Gary Flaherty-yes; Councilperson Stephen August-yes; Councilperson David Patzwahl-yes; Councilperson Carrie Bither-yes; and Councilperson Virginia Nightingale-yes. Motion adopted.

Councilperson Carrie Bither asked if there has been any response to the issues concerning the “Poppy’s” establishment. Supervisor Flaherty said that nothing has been answered yet.

Assessment Review Board: Chairperson Larry Salzman asked that the board reappoint the clerk who assigned appointments and the recording secretary from last year to perform the same duties this year. The board did not address this issue to date.

MOTION: Town Clerk, Charlotte Cowan made a motion that a “Thank-you” letter be written and given to Barbara Fischer for her six years of dedicated service acting as Deputy Town Clerk, seconded by Councilperson Virginia Nightingale. 5-ayes, Motion Carried. Roll call showed: Supervisor Gary Flaherty-yes; Councilperson Stephen August-yes; Councilperson David Patzwahl-yes; Councilperson Carrie Bither-yes; and Councilperson Virginia Nightingale-yes. Motion adopted.

RESOLUTION #41- TRIBUTE TO ERIC LAGERWALL
WHEREAS, Almighty God, in His Infinite Wisdom, has seen fit to remove his servant Eric R. Lagerwall from his earthly toil; and
WHEREAS, Eric R. Lagerwall served the Town of Canaan as Highway Superintendent for three years, Animal Control officer for twenty- five years and as Deputy Town Clerk, and as a collection specialist for Energy Answers;
NOW THEREFORE, BE IT RESOLVED, that this Town Board takes official notice of Eric R. Lagerwall’s many contributions to the Town of Canaan; and
BE IT RESOLVED, that when this Town Board adjourns this evening’s meeting, it does so in loving memory and high regard for the late Mr. Lagerwall; and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be transmitted to the family of the late Eric R. Lagerwall.
MOTION: Councilperson Stephen August made a motion, seconded by Councilperson David Patzwahl to adopt said resolution. 5-ayes, Motion Carried.
Roll call showed: Supervisor Gary Flaherty-yes; Councilperson Stephen August-yes; Councilperson David Patzwahl-yes; Councilperson Carrie Bither-yes; and Councilperson Virginia Nightingale-yes. Motion adopted.

MOTION: Councilperson Stephen August made a motion, seconded by Councilperson David Patzwahl to adopt said resolution. 5-ayes, Motion Carried. Roll call showed: Supervisor Gary Flaherty-yes; Councilperson Stephen August-yes; Councilperson David Patzwahl-yes; Councilperson Carrie Bither-yes; and Councilperson Virginia Nightingale-yes. Motion adopted.

ADJOURNMENT: Councilperson Virginia Nightingale made a motion, seconded by Councilperson Carrie Bither to adjourn the meeting at 8:30 p.m. 5-ayes, Motion carried.

Respectfully submitted,

Charlotte L. Cowan, RMC
Canaan Town Clerk

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