Author: Susan Prue
Last saved by: Dick Onufer

A Public meeting for the Town Board of Constable was held on December 09, 2021, at 7:00 PM in the Town Office.  Members present were Councilwoman Lemire, Councilmen Patterson & Wilson, Supervisor Onufer, Town Clerk Prue, Highway Superintendent Martin, Code Officer Halley and Dalton Patterson, IT.   Councilman Leahy was absent. 

Guest present was Tom MacDonald, Town Board Member Elect.

The purpose of the Public Meeting was for the public to ask any questions regarding the
Local Law #2 – 2021 Marijuana Law.  There were no Constable residents present.  
Dalton asked if anyone has approached the board about opening a dispensary or a consumption establishment.  Supervisor Onufer explained that no one has asked any questions regarding this new local law.  

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.

A motion was made by Councilwoman Lemire and seconded by Councilman Patterson to close the public meeting at 7:30 pm, motion carried.

A motion was made by Councilwoman Lemire and seconded by Councilman Wilson to approve and proceed with this local law, motion carried.

The Town Board welcomed Tom MacDonald to the board.

The Town Board agreed on a date for the final meeting of the year, December 27, 2021 at 6:00 pm in the town hall and the re-organizational meeting will be held at the first meeting of the year on January 13, 2021.

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

CODE OFFICER 

Gordie reported that is no change to the Michael Ledger property and he failed to show up to court.  Justice Wisnesky to check and see what the next step will be.

OYA – nothing new to report

Helios – project on hold

Gordie went over his report that covered the time period 11/10/2021 -12/06/2021. 

Gordie reported that the Rental Inspections are ongoing.

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

WEB/TECH

Dalton gave his report for November.

A motion was made by Councilwoman Lemire and seconded by Councilman Wilson to approve the IT Contract with Dalton for 2022, motion carried with Councilman Patterson abstaining from the vote.

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

HIGHWAY

Highway Superintendent Martin reported the trucks have been oiled.

Highway Superintendent Martin reported that the repairs to the 2006 truck have been completed and the truck is back in service.

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

Stebbins Road – work stopped till spring.

Mining permit - pending

Hazardous Mitigation Plan – nothing new to report.

Salt Shed – works still needs to be completed.

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

Highway Dept. bills were audited and approved #124 - #134.

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

$  839.11 from Account #DA-5142.4 Snow Rem Town Roads Cont. Exp. 
$1,504.40 from Account #DA-5148.4 Snow Removal Other Gov’t Cont. Exp. 
$2,334.40 from Account #DA-5142.1 Snow Rem Town Roads Pers. Serv.
$  310.00 from Account #DA-5148.1 Snow Removal Other Gov’t Pers. Serv.
$4,648.80 from Account #DA-5148.1 Snow Removal Other Gov’t Pers. Serv.

$  839.11 to Account #DA-5110.4 Gen. Rep. Cont. Exp.
$1,504.40 to Account #DA-5130.4 Machinery Cont. Exp.
$2,324.40 to Account #DA-5140.1 Brush & Weeds Cont. Exp.
$  310.00 to Account#DA-5110.1 Gen. Rep. Pers. Serv. 
$4,648.80 to Account #DA-5130.1 Machinery Pers. Serv.

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

HUD

Supervisor Onufer read the November monthly report.

F.O.T.N.C. reported they are working to get more Constable residents interested in the new Hud Grant.

ASSESSOR

Supervisor Onufer reported that 3 Constable Residents are interested in the BAR vacant seat.

James Lester
David Patterson
Darrel Rockhill

A motion was made by Councilman Wilson and seconded by Councilwoman Lemire to appoint David Patterson to fill the vacant seat.  Vote was as follows:

Councilman Wilson – Patterson
Councilwoman Lemire – Patterson
Councilman Leahy - Absent
Supervisor Onufer – Patterson
Councilman Patterson abstained from this vote.

Motion carried.

Capital Projects

Alarm system grant for Court room - nothing new to report.

Supervisor Onufer reported that the sale of the old town hall/adult center is completed.

Supervisor Onufer reported that we will be getting a refund of approximately $872.00 from Brooks Washburn Arch.  The question came up as to where to put these funds.  It was decided to put these funds in the general fund.

A motion was made by Councilman Wilson and seconded by Councilman Patterson.
for Budget Amendment #7-2021, motion carried.

$1,036.00 from Account #H909 – Fund Balance

$1,036.00 to Account #H1620.21 – Salt Barn 

Capital Projects bills were audited and approved #20.

A motion was made by Councilman Wilson and seconded by Councilwoman Lemire to accept the Capital Projects report, motion carried.

Supervisor Onufer presented the Capital Projects Fund Monthly Statement for November 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.

Town Justice
     
Supervisor Onufer reported that Justice Wisnesky turned in funds in the amount of $436.00 for November 2021, a voucher from the Justice Court has been received and a check in the amount of $271.00 has been sent to the Justice Court.  The Town’s portion of this is $165.00.

TOWN CLERK

Town clerk turned in $157.00 for the month of November 2021.  A motion was made by Councilman Patterson and seconded by Councilman Wilson 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 Onufer reported that the $1,000.00 Franklin County Youth Grant was received.

SUPERVISOR’S REPORT 

Supervisor Onufer reported he has received the following signed contracts for 2022:

Bookkeeper – A motion was made by Councilwoman Lemire and seconded by Councilman Wilson to accept the contract, motion carried.

Code Officer - A motion was made by Councilman Patterson and seconded by Councilwoman Lemire to accept the contract, motion carried.

North Country Animal Shelter - A motion was made by Councilman Wilson and seconded by Councilman Patterson to accept the contract, motion carried.

Food Pantry - At the regular monthly meeting for the Town Board of the Town of Constable, held in the town hall on December 9, 2021 the following resolution was presented by Councilwoman Lemire and seconded by Councilman Wilson for Resolution # 25-2021 regarding supporting the Constable Food Pantry with a $600.00 contribution to help with the cost of fuel oil, motion carried.

Fire Department - A motion was made by Councilman Wilson and seconded by Councilman Patterson to accept the contract, motion carried. 

Supervisor Onufer reported he received a check in the amount of $11,892.54 from Mortgage Tax for the period of 04/01/2021 – 09/23/2021.

Supervisor Onufer reported he received a report from New York State Agriculture and Markets on the N.C.A.S. – no problems found.

Open house for new town hall – tabled.

A motion was made by Councilwoman Lemire and seconded by Councilman Wilson for Resolution #26-2021 for the National School Choice Week, which reads as follows:

				Constable School Choice Proclamation

WHEREAS; all children in Constable should have access to the highest quality education possible; and

WHEREAS; Constable recognizes the important role that an effective education plays in preparing all students in Constable to be successful adults; and  

WHEREAS; quality education is critically important to the economic vitality of Constable; and

WHEREAS; Constable Residents Children attend high quality public and non-public schools which parents can choose for their children, in addition families who educate their children in the home; and

WHEREAS; educational variety not only helps to diversify our economy, but also enhances the vibrancy of our community; and

WHEREAS; Constable has many high-quality teaching professionals in all types of school settings who are committed to educating our children; and

WHEREAS; School Choice Week is celebrated across the county by millions of students, parents, educators, schools and organizations to raise awareness for the need for effective educational options; 

NOW, THEREFORE BE IT RESOLVED; the Constable Town Board does hereby recognize January 23 – 29, 2022 as Constable School Choice Weeks, and the board calls this observance to the attention of all our citizens.

Passed this 9^th day of December, 2021 unanimously by the Constable Town Board.

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

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

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

A motion was made by Councilman Patterson and seconded by Councilman Wilson 
for Budget Amendment #12-2021, motion carried.

$453.59 from Account #A909 – Fund Balance
$453.59 to Account A1988.4 – Code Officer

A motion was made by Councilwoman Lemire and seconded by Councilman Patterson 
for Budget Amendment #13-2021, motion carried.

$1,036.00 from Account #A909 – Fund Balance
$1,036.00 to Account #A9901.9 – Capital Projects – Interfund Transfer

A motion was made by Councilman Wilson and seconded by Councilwoman Lemire 
for Budget Amendment #14-2021, motion carried.

$325.67 from Account #A7110.4 – Parks – Cont. Exp.
$158.07 from Account #A7110.4 – Parks – Cont. Exp.
$ 70.33 from Account #A7110.4 – Parks – Cont. Exp.
$ 61.00 from Account #A7110.4 – Parks – Cont. Exp.
$146.00 from Account #A7110.4 – Parks – Cont. Exp.
$619.99 from Account #A7110.4 – Parks – Cont. Exp.

$325.67 to Account #A1110.4 – Justice – Cont. Exp.
$158.07 to Account #A1330.4 – Tax Collector – Cont. Exp.
$ 70.33 to Account #A2325.4 – Tax Assessor- Cont. Exp.
$ 61.00 to Account #A1410.4 – Town Clerk – Cont. Exp.
$146.00 to Account #A1620.2 – Town Hall – Cont. Exp. – Rep & Maint.
$619.99 to Account #A1620.4 - Town Hall – Cont. Exp.

Bills were audited and approved.	#248 - #265

A motion to adjourn was made by Councilman Patterson and seconded by Councilwoman Lemire, motion carried.  Meeting was adjourned at 9:00 pm.
	
Susan Prue, Constable Town Clerk