A Regular meeting for the Town Board of Constable was held on November 11, 2021 at 7:00 PM in the Town Office.  Members present were Councilwoman Lemire, Councilmen Patterson, Supervisor Onufer, Town Clerk Prue, Code Officer Halley and Dalton Patterson.   Councilmen Leahy and Wilson were absent. 

A motion was made by Councilman Patterson and seconded by Councilwoman Lemire to accept the minutes from the October 2021 regular meeting, motion carried.

CODE OFFICER 

Gordie is waiting for a call from Brian Stewart to see if he can go in and inspect the work done in the Constable Burchacon Apartments.  There may be a COVID mandate that prevents Gordie from going in. Gordie reported that the Franklin County Community Housing told Gordie he cannot go into the housing project to do any inspections, at this time.  Gordie is continuing to work on this problem. 
 
Gordie went over his report that covered the time period 10/13/2021 – 11/10/2021.

Gordie reported that the Rental Inspections are ongoing.

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

WEB/TECH

Dalton gave his report for October and presented his contract for 2022.

A motion was made by Councilwoman Lemire and seconded by Supervisor Onufer to approve Dalton’s report, motion carried.  Councilman Patterson abstained from the vote.

HIGHWAY

Highway Superintendent Martin reported receipt of $2,120.00 as per the Mowing 
Contract with Franklin County.   

Path from the new town hall to the rec park – nothing new to report.

Navistar – received $2,450.07 on November 1, 2021.

Stebbins Road – Not fully completed there is still 8 – 9 tenths of a mile to gravel.

Drop Box at Town Hall – has been installed.

Mining permit - pending

The brick work has been completed on the front of the new town hall and the grout works needs to be completed.

Hazardous Mitigation Plan – nothing new to report.

Salt Shed – works still needs to be completed.

Highway Superintendent Martin gave his fuel report for October and a motion was made by Councilman Patterson and seconded by Councilwoman Lemire to accept his fuel report, motion carried.

Highway Dept. bills were audited and approved #114 - #122.

A motion was made by Councilwoman Lemire and seconded by Councilman Patterson for Budget Amendment #8-2021, motion carried.

$10,717.66 from Account #DA-909 
$10,717.66 to Account #DA-5112.2 

A motion was made by Councilman Patterson and seconded by Councilwoman Lemire for Budget Amendment #9-2021, motion carried.

$2,772.16 from Account #DA 5148.1 Per. Serv. for Other Govt.
$2,772.16 to Account #DA 5130.1 Machinery Per. Serv.

$1,363.40 from Account #DA 5148.1 Per. Serv. for Other Govt.
$1,363.40 to Account #DA 5140.1 Misc. Brush & Weeds Per. Serv.

$250.06 from Account #DA 5130.1 Machinery Per. Serv.
$250.06 to Account #DA 5140.1 Misc. Brush & Weeds Per. Serv.

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

HUD

Supervisor Onufer read the October monthly report.

ASSESSOR

BAR replacement to be tabled till December meeting due to the fact that enough board members were not present to approve.

Capital Projects

Supervisor Onufer reported that the Court System requested more information on the alarm system grant that was presented to them.

A motion was made by Councilwoman Lemire and seconded by Councilman Patterson.
for Budget Amendment #6-2021, motion carried.

$41,725.20 from Account #H909 – Fund Balance
$41,725.20 to Account #H1620.21 – Salt Barn 

Capital Projects bills were audited and approved #18 - #19.

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

SOLAR

OYA - nothing new to report.

HELIOS - nothing new to report.

Town Justice
     
Supervisor Onufer reported that Justice Wisnesky turned in funds in the amount of $275.00 for October 2021, a voucher from the Justice Court has been received and a check in the amount of $260.00 has been sent to the Justice Court.  The Town’s portion of this is $15.00.

TOWN CLERK

Town clerk turned in $99.00 for the month of September 2021.  A motion was made by Councilwoman Lemire and seconded by Councilman Patterson to accept the Town Clerk’s Report, motion carried.

REC PARK

New director - nothing new to report.

Contract to open and close the pool – nothing new to report.

SUPERVISOR’S REPORT 

Supervisor Onufer reported that he had received a letter from the Association of Town’s regarding the proposed Cannabis Law.  We have to pass a local law before 12/31/2021 stating that we want to opt out of Cannabis Dispensary and on-site Cannabis consumption establishments.  Supervisor Onufer read the proposed law to board members present, decision tabled till December meeting.  There will be a public meeting at the December meeting which starts at 7:00 pm.

 		Town of Constable
Local Law No. 2 of the year 2021

A LOCAL LAW OPTING OUT OF ALLOWING CANNABIS DISPENSARIES AND ON-SITE CANNIBIS CONSUMPTION ESTABLISHMENTS IN THE TOWN OF CONSTABLE.

Be it enacted by the Town Board of the Town of Constable as follows:

     §1.     Legislative Intent 

     §2.     Authority

     §3.     Local Cannabis Retail Dispensary and/or On-Site Consumption Opt-Out

     §4.     Permissive Referendum/ Referendum on Petition

     §5.     Severability

     §6.     Repeal 

     §7.     Effective Date

§1.     Legislative Intent:

        It is the intent of this Local Law to opt the Town of Constable out of hosting retail cannabis dispensaries and on-site cannabis consumption establishments within its boundaries.

§2.     Authority:

        This local law is adopted pursuant to Cannabis Law §131, which expressly authorizes the Town Board to opt-out of allowing retail cannabis dispensaries and/or
on-site cannabis consumption establishments to locate and operate within Town boundaries.

§3.     Local Cannabis Retail Dispensary and/or On-Site Consumption Opt-Out

        The Town Board of the Town of Constable, Franklin County, New York, hereby opts-out of licensing and establishing cannabis retail dispensaries and cannabis on-site consumption establishments within the Town’s boundaries.

§4.     Permissive Referendum/ Referendum on Petition

        This local law is subject to a referendum on petition in accordance with Cannabis Law §131 and the procedures outlined in Municipal Law §24.

§5.     Severability

        If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances, and the Town Board of the Town of Constable hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent.

§6.     Repeal 

        All ordinances, local laws and parts thereof inconsistent with this Local Law are hereby repealed. 
    
§7.     Effective Date

        This law shall be effective upon filing with the office of the New York State Secretary of State.

Supervisor Onufer reported he received signed contracts from the following:

Bookkeeper
Code Officer
Food Pantry
North Country Animal Shelter
Fire Dept.

These could not be approved since not enough board members were present.

Supervisor Onufer reported he received a letter from the Association of Towns regarding new ways to spend the funds received from the American Rescue Fund.

Open house for new town hall – tabled.

Supervisor Onufer requested a new updated membership list from the Constable Fire Dept. and he received documentation on the 16 members.

Resolution needed for the National School Choice, tabled till December meeting.

A date needs to be set for the final meeting of the year and re-organizational meeting.

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

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

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

A motion was made by Councilman Patterson and seconded by Councilwoman Lemire
for Budget Amendment #9-2021, motion carried.

$25,847.70 from Account #A909 – Fund Balance
$15,587.50 from Account #A909 – Fund Balance
$   290.00 from Account #A909 – Fund Balance

$41.725.20 to Account #A9901.9 – Capital Projects

A motion was made by Councilwoman Lemire and seconded by Councilman Patterson
for Budget Amendment #10-2021, motion carried.

$125,000.00 from Account #A909 – Fund Balance
$125,000.00 to Account #A9730.6

A motion was made by Councilman Patterson and seconded by Councilwoman Lemire
for Budget Amendment #11-2021, motion carried.

$271.94 from Account #7110.4 Parks Cont. Exp.
$ 39.00 from Account #7110.4 Parks Cont. Exp.
$ 61.00 from Account #7110.4 Parks Cont. Exp.
$200.10 from Account #7110.4 Parks Cont. Exp.
$817.08 from Account #7110.4 Parks Cont. Exp.
$140.00 from Account #7110.4 Parks Cont. Exp.

$271.94 to Account #A1110.4 Justice Cont. Exp.
$ 39.00 to Account #A1555.4 Tax Assessor Cont. Exp.
$ 61.00 to Account #A1410.4 Town Clerk Cont. Exp.
$200.10 to Account #A1620.2 Town Hall Cont. Exp./Repair & Maint.
$817.08 to Account #A1620.4 Town Hall Cont. Exp.
$140.00 to Account #A1680.2 Town Hall Equipment

Bills were audited and approved.	#224 - #247

A motion to adjourn was made by Councilman Patterson and seconded by Councilwoman Lemire, motion carried.  Meeting was adjourned at 8:11 pm.
	
Susan Prue, Constable Town Clerk