Author: Susan Prue

A Regular meeting for the Town Board of Constable was held on June 10, 2021 at 7:00 PM in the Town Office.  Members present were Councilwoman Lemire, Councilmen Leahy, Wilson and Patterson, Supervisor Onufer, Town Clerk Prue, Highway Superintendent Martin, Code Officer Halley and Dalton Patterson, IT. 

Guests present were Constable Residents James Lester, Darrel Rockhill, Kim Rovito, Tiffany Rovito, Lee Lambert Heininger and Kim Heininger.

A motion was made by Councilman Patterson and seconded by Councilman Leahy to accept the minutes from the May 13, 2021 regular meeting, motion carried.

Councilwoman Lemire reviewed the Supervisor’s Books.

Supervisor Onufer read a letter he received from the Heininger’s with regards to the possibility of a Dollar General coming into town.  They are against them coming into Town and concerned because it will be across the road from their house, they feel they will be losing their privacy, they have concerns with the possibility of trucks coming and going at all times of the day and night, lights in the parking lot on all night and the value of their property going down.

The Rovito’s also expressed their concerns regarding the Dollar General as it will be next door to them.  They expressed the same concerns as the Heininger’s.  They questioned Zoning and it was explained to them that the Town of Constable does not have Zoning and there was nothing the Town can do to stop them from building.  They questioned why it was not allowed to go in on the Fountain property.  It was explained that there was not enough acreage for their needs.

ANCA

Supervisor Onufer called Jennifer Perry, ANCA, with regards to the Benchmarking Clean Energy Program.  It was explained what the Town will have to do to qualify and how much funds we can apply for and what the funds have to be used for.

At the regular monthly meeting for the Town Board of the Town of Constable a motion was made by Councilwoman Lemire and seconded by Councilman Wilson                                              for Resolution #7 -2021 which reads as follows:

ESTABLISHING ENERGY BENCHMARKING REQUIREMENTS FOR CERTAIN MUNICIPAL BUIDLINGS.

WHEREAS, buildings are the single largest user of energy in the State of New York.  The poorest performing buildings typically use several times the energy of the highest performing buildings – for the exact same building use; and

WHEREAS, collecting, reporting, and sharing building energy data on a regular basis allows municipal officials and the public to understand the energy performance of municipal buildings relative to similar buildings nationwide, and equipped with this information the Town of Constable is able to make smarter, more cost-effective operational and capital investment decisions, reward efficiency, and drive widespread, continuous improvement; and

WHEREAS, the Town of Constable desires to use Building Energy Benchmarking – a process of measuring a building’s energy use, tracking that use over time, and comparing performance to similar buildings -to promote the public health, safety, and welfare by making available good, actionable information on municipal building energy use to help identify opportunities to cut costs and reduce pollution in the Town of Constable; and

WHEREAS, the Town of Constable desires to establish procedure or guideline for the Town of Constable staff to conduct such Building Energy Benchmarking; and 

NOW THEREFORE, IT IS HEREBY RESOLVED AND DETERMINED, that the following specific policies and procedures are hereby adopted;

BUILDING ENERGY BENCHMARKING POLICY/PROCEDURES

§1. DEFINITIONS

(1)	“Benchmarking Information” shall mean information generated by Portfolio Manager, as herein defined including descriptive information about the physical building and its operational characteristics.

(2) “Building Energy Benchmarking” shall mean the process of measuring a                    
Building’s Energy use, tracking that use over time, and comparing performance 
to similar buildings.

(3)	“Commissioner” shall mean the head of the Department.

(4)	“Covered Municipal Building” shall mean a building or facility that is owned or occupied by the Town of Constable that is 1,000 square feet or larger in size.

(5)	“Department” shall mean the Supervisor, selected, to enforce the Benchmarking Policy.

(6)	“Energy” shall mean electricity, natural gas, steam, hot or chilled water, fuel oil, or other product for use in a building, or renewable on-site electricity generation, for purposes of providing heating, cooling, lighting, water heating, or for powering or fueling other end-uses in the building and related facilities, as reflected in Utility bills or other documentation of actual Energy use.

(7)	“Energy Performance Score” shall mean the numeric rating generated by Portfolio Manager that compares the Energy usage of the building to that of similar buildings.

(8)	“Energy Use Intensity (EUI)” shall mean the kBTUs (1,000 British Thermal Units) used per square foot of gross floor area.

(9)	“Gross Floor Area” shall mean the total number of enclosed square feet measured between the exterior surfaces of the fixed walls within any structure used or intended for supporting or sheltering any use or occupancy.

  (10)“Portfolio Manager” shall mean ENERGY STAR Portfolio Manager, the internet
       Based tool developed and maintained by the United States Environmental 
	Protection Agency to track and assess the relative Energy performance of 
	Buildings nationwide, or successor.

(11)“Utility” shall mean an entity that distributes and sells Energy to Covered         
 Municipal Building’s.

(12)“Weather Normalized Site EUI” shall mean the amount of Energy that would    
     have been used by a property under 30-year average temperatures, accounting 
     for the difference between average temperatures and yearly fluctuations.

§2. APPLICABILITY

(1)	This policy is applicable to all Covered Municipal Buildings as defined in Section 2 of this policy.

(2)	The Commissioner may exempt a particular Covered Municipal Building from the benchmarking requirement if the Commissioner determines that it has characteristics that make benchmarking impractical.

§3. BENCHMARKING REQUIRED FOR COVERED MUNICIPAL BUILDINGS

(1)	No later than May 1, 2017, and no later than May 1 every year thereafter, the Commissioner or his or her designee from the Department shall enter into Portfolio Manager the total Energy consumed by each Covered Municipal Building, along with all other descriptive information required by Portfolio Manager for the previous calendar year.

(2)	For new Covered Municipal Buildings that have not accumulated 2 months of Energy use data by the first applicable date following occupancy for inputting Energy use into Portfolio Manager, the Commission or his or her designee from the Department shall begin inputting data in the following year.

§4 DISCLOSURE AND PUBLICATION OF BENCHMARKING INFORMATION

(1)	The Department shall make available to the public on the internet Benchmarking Information for the precious calendar year.

(a)	No later than September 1, 2017 and by September 1 of each year thereafter for Covered Municipal Buildings; and 

(2)	The Department shall make available to the public on the Internet and update at least annually, the following Benchmarking Information:
(a)	Summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information; and
(b)	For each Covered Municipal Building individually:
(i)	The status of compliance with the requirements of this Policy; and 
(ii)	The building address, primary use type, and gross floor area; and
(iii)	Annual summary statistics, including site EUI, Weather Normalized Source EUI, annual GHG emissions, and Energy Performance Score where available; and
(iv)	A comparison of the annual summary statistics (as required by Section 5 (2) (b) (iii) of this policy) across calendar years for all years since annual reporting under this Policy has been required for said building.
§5. MAINTENANCE OF RECORDS
The Department shall maintain records as necessary for carrying out the purposes of this Policy, including, but not limited to, Energy bills and other documents received from tenants and/or Utilities.  Such records shall be preserved by the Department for a period of three (3) years.
§6. ENFORCEMENT AND ADMINISTRATION
(1)	The Commissioner or his or her designee from the Department shall be the Chief Enforcement Officer of this Policy. 
 
(2)	The Chief Enforcement Officer of this Policy may promulgate regulations necessary for the administration of the requirements of this Policy.

(3)	Within thirty days after each anniversary date of the effective date of this Policy, the Chief Enforcement Officer shall submit a report to the Town Board including but not limited to summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information, a list of all Covered Municipal Buildings identifying each Covered Municipal Building that the Commissioner determined to be exempt from the benchmarking requirement and the reason for the exemption, and the status of compliance with the requirements of this Policy.
§7.  EFFECTIVE DATE
       This policy shall be effective immediately upon passage.
§8.  SEVERABILITY
The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgement of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.
The vote on the foregoing resolution was as follows:	

Councilwoman Lemire – Yes 
Councilman Leahy - Yes
Councilman Patterson - Yes
Councilman Wilson – Yes

The resolution was adopted.

CODE OFFICER

Gordie went over his report that covered the time period of 05/12/2021 – 06/09/2021.

Gordie reported that he has received the building plans for the Dollar General Project and as of the 10^th of June 2021 he has not issued a building permit.

A motion was made by Councilman Leahy and seconded by Councilman Patterson
to accept the Code Officer’s report, motion carried.

WEB/TECH

Dalton’s gave his report for May and a motion was made by Councilman Leahy and seconded by Councilwoman Lemire to accept Dalton’s report, motion carried, with Councilman Patterson abstaining from this vote.

OLD TOWN HALL

Supervisor Onufer reported the business loan for Mr. Bruso has been approved and the
next step is for the bank to have the building appraised.  

ASSESSOR

Grievance Night was held on June 2, 2021 in the new town hall and the board reported that no one showed up.

Supervisor Onufer reported that we need a new member for the Grievance Board as Joe Lewis is leaving the area.  Jim Lester and Darrel Rockhill have both expressed an
Interest in the position and Supervisor Onufer explained what the position entails and the Town Clerk to put a notice in the Malone Telegram advertising for the position.

SOLAR

OYA progressing well.

HELIOS project on hold.

HIGHWAY

Highway Superintendent Martin gave his Fuel Usage report up to May 2021.

Navistar – nothing new to report.

Stebbins Road – to start in August.

Supervisor Onufer reported receipt of the New Contract from the County for mowing on County Roads in Constable.  $100.00 per mile for 10.6 miles x 2 = $21,200.00.  
Mowing Contract with Municipality

     This contract made the 10^th day of June, 2021 by and between the Town of Constable, hereinafter called the “Town”, and Franklin County Highway Department, hereinafter called the “County”.

Article 1 – Scope of Work

     The Town shall furnish all of the equipment and perform all of the work described in the Project Specifications attached.

Article 2 – Time of Completion

     The work to be performed under this contract shall be the first mowing which  should be completed by July 1, 2021 with the second mowing to be completed by September 15, 2021.

Article 3 – The Contract Sum

     The County shall pay the Town for performance of the Contract in current funds at the rate of $100.00 per mile for each mowing with a total of $200.00 per mile/per season, 10.60 miles equaling Two Thousand - One Hundred - Twenty Dollars ($2,120.00) upon completion of the work and submission of a properly certified invoice.

     Upon receipt of notice that the work is ready for final inspection and acceptance, the County will promptly make such inspection, and when it finds the work acceptable the contract fully performed, it shall promptly approve payment for the entire amount due the Town.

     The making and acceptance of the final payment shall constitute a waiver of all claims by the County, except those arising from unsettled liens, from faulty work appearing after payment or from requirements of the specifications, and of all claims by the Town except those previously made and still unsettled.

Article 4 – Contract Documents

     The Project Specifications together with this agreement form the contract and they are as fully a part of the contract as if hereto or herein repeated.

     In Witness Thereof, the parties have executed this Agreement, the day and year first above written.

A motion was made by Councilwoman Lemire and seconded by Councilman Leahy for the new County Mowing Contract for 2021, motion carried.

NYS Paving funds of $227,474.95 is correct.

Paving is complete on the McGraw Road, Davenport Drive and Sand Road.

NYS Salt pricing for 2021/2022 is $71.35/ton.  This price is down from last year.

Supervisor Onufer reported receipt of $101,060.35 for the repairs to be done on the Salt Shed.

Old Tractor – nothing new to report.

Bulletin Board has been installed at the Post Office.

Highway Dept. bills were audited and approved #54 - #72

A motion was made by Councilman Wilson and seconded by Councilwoman Lemire for Budget Amendment #3-2021, motion carried.

$839.54 from Account #DA-5110.4 – Gen. Repairs Cont. Exp.
$839.54 to Account #DA-5130.2 – Machinery Equip.

$245.79 from Account #DA-5110.4 – Gen. Repairs Cont. Exp.
$245.79 to Account #DA5140.4 – Misc. Brush & Weeds – Cont. Exp.

A motion was made by Councilman Wilson and seconded by Councilman Leahy to accept the Highway Superintendent’s report, motion carried.

Supervisor Onufer presented the Highway Dept. Fund Monthly Statement for May 2021 for all board members to review.  A motion was made by Councilman Wilson and seconded by Councilman Leahy to accept the Highway Dept. Fund Monthly Statement, motion carried.

Capital Improvement

Supervisor Onufer reported that Mr. Bruso paid for the appraisal and it has been completed. 

Supervisor Onufer reported that the Rural Development Payments on the Truck and Town Hall will be on June 1, 2021 and December 1, 2021.

The Generator has been installed.

Supervisor Onufer reported that the repairs have been done to the air conditioner.

Heat in the Justice Office – nothing new to report.

Supervisor Onufer reported the DASNY Grant paperwork has been submitted.

A motion was made by Councilwoman Lemire and seconded by Councilman Wilson
for Budget Amendment #1-2021, motion carried.

$452.09 from Account #H909 – Fund Balance
$452.09 to Account #H1620-2 - Building & Capital Outlay

$209.02 from Account # H909 – Fund Balance
$209.02 to Account #H1620-2 - Building & Capital Outlay

$636.00 from Account # H909 – Fund Balance
$636.00 to Account #H1620.21 – Building & Capital Outlay Salt Barn

Capital Projects bills were audited and approved #4 - #6

Supervisor Onufer presented the Capital Projects Fund Monthly Statement for May 2021 for all board members to review.  A motion was made by Councilman Leahy 
and seconded by Councilman Patterson to accept the Capital Projects Fund Monthly Statement, motion carried.

Town Justice
     
Supervisor Onufer reported that Justice Wisnesky turned in funds in the amount of $456.00 for April 2021, a voucher from the Justice Court has been received and a check in the amount of $426.00 has been sent to the Justice Court.  The Town’s portion of this is $30.00.  $381.00 was turned in for May and no voucher from the Justice Court Fund has been received yet.

TOWN CLERK

Town clerk turned in $280.50 for the month of May 2021.  A motion was made by Councilman Patterson and seconded by Councilman Wilson to accept the Town Clerk’s Report, motion carried.

HUD

A discharge of mortgage has been received for the A.D. project.

Nothing new to report on the next potential grant.

REC PARK

Supervisor Onufer reported that lunches are to be served again this year and they 
will be given out at the Rec Park starting June 28, 2021 – August 13, 2021.

Signs are ordered for the Rec Park for “NO ATV’S or SNOWMOBILES and NO 4 WHEELRS”.

Youth Grant – nothing new to report.

Ice Rink – tabled.

SUPERVISOR’S REPORT 

Supervisor Onufer reported that the Mortgage Tax payment was received in the amount
of $9,977.68 this is up from $6,887.47 funds received last year.

Supervisor Onufer presented the General. Fund Monthly Statement for 
May 2021 for all board members to review.  A motion was made by Councilwoman Lemire and seconded by Councilman Leahy to accept the General Fund Monthly Statement, motion carried

Savings Statements for May 2021 was presented for all board members to review.

Trial Balance for May 2021 was presented for all board members to review.

Bills were audited and approved.	#106-#123

A motion to adjourn was made by Councilwoman Lemire, seconded by Councilman Leahy, motion carried.  Meeting was adjourned at 9:25 pm.
	
Susan Prue, Constable Town Clerk