Essex County, New York
PO Box 338, Main Street · Bloomingdale, NY 12913 · 518-891-3189 · Fax: 518-891-6092
info@townofstarmandny.gov

Town of St Armand
Public Hearing – Adoption of Updates to Sewer Law – 6:00 pm
Public Hearing – Adoption of Cannabis Opt-Out Law – Immediately Following
Regular Board Meeting – Immediately Following Public Hearings

Tuesday, December 14, 2021 (Draft)

A Regular Board Meeting of the Town of St. Armand was held on the above date and time in person and via webinar conducted from the Town Hall, Bloomingdale, NY. The Public Hearings and Regular Board meeting were advertised and made available to the public.

BOARD MEMBERS PRESENT:

Town Supervisor Davina Winemiller, Deputy Supervisor D. Joseph Bates, Councilperson Donald Amell, Councilperson Jennifer Fuller (on-line) and Councilperson Karl Law.
A quorum of the Board was in attendance.

TOWN EMPLOYEES PRESENT:

Highway Superintendent Douglas Snickles, Water Technician Cory Skiff, Wastewater Superintendent Stanley Ingison, and Town Clerk Barbara Darrah.

GUESTS FROM THE COMMUNITY:

Aaron Cerbone from the Adirondack Daily Enterprise, Keith Braun, Dale Gonyea, Sandy Hayes, Warrene McCarthy, Stephanie Mikesell, Sheridan Swinyer, Heather Wood, and (1) unidentified caller, all from the community.

Supervisor Davina Winemiller called the Public Hearings to order at 6:00 pm and asked all to join in the Pledge of Allegiance. Supervisor Winemiller asked Town Clerk Barbara Darrah to read the Public Notice of Public Hearings out loud.

PUBLIC NOTICE:

TOWN OF ST. ARMAND'S PUBLIC HEARINGS:

NOTICE IS HEREBY GIVEN that the Town Board of the Town of St. Armand will hold two Public Hearings at the St. Armand Town Hall, 1702 NYS Route 3, Bloomingdale, NY, 12913 and via webinar on Tuesday, December 14, 2021, beginning at 6:00 pm, with each consecutive hearing immediately following thereon. The Regular Board meeting will commence immediately following the Public Hearings. The 1st Public Hearing subject will be on the Adoption of the Town of St. Armand's proposed update in the Town's current Sewer Local Law # 3 of 2015. The 2nd Public Hearing subject will be on the Adoption of Local Law No. 2 of 2021 – Law to Opt Out of Allowing Cannabis Dispensaries. Be it known that at such hearings, any person may be heard in favor or against any item(s) contained therein. The webinar link is: https://global.gotomeeting.com/join/396516397 By phone: 1 (571) 317-3112 Access Code: 396-516-397

This public notice was published in the Adirondack Daily Enterprise on December 7, 2021.

Supervisor Winemiller asked to make an announcement that she just received notified that the Town of St. Armand was awarded $34, 719.00 for our comprehensive plan, which is one of the grants we applied for over the summer.

PUBLIC HEARING # 1 – ADOPTION OF UPDATES TO LOCAL LAW # 3 OF 2015 – Sewer Ordinance

Supervisor Winemiller asked if anyone had any questions, comments or concerns? There were no questions, comments or concerns from the audience or the Town Board.

PUBLIC HEARING # 2 – ADOPTION OF LOCAL LAW # 2 OF 2021 – CANNABIS OPT-OUT OF CANNABIS RETAIL DISPENSARIES AND ON-SITE CONSUMPTION SITES

Supervisor Winemiller asked if anyone had any questions, comments or concerns about the adoption of this law?

Councilperson Donald Amell reported the Law does state that the dispensary will not be located within 500 feet of school grounds and 200 feet of a houses of worship. Supervisor Winemiller stated that although that was correct, the law did not address youth sports fields, recreation buildings, parks or other things like that. Discussion ensued as to whether future Block Parties should have a beer booth.

Dale Gonyea, community resident asked why this small town would even consider this? Nothing good could come from it. It stinks. Why would the Town even consider it? What would be the reason? Winemiller responded that part of it would be the tax revenue could be earned from it. She also stated where marijuana is legal, anyone can smoke in our town and there is nothing we can do about it. Gonyea stated there was a limit to what is used for tax revenue. Gonyea continued that both state and federal legislative members comment on how terrible the drug problem is in the country, and then they want to legalize marijuana and raise money by taxing it. Winemiller stated she understands what Gonyea is saying. Sheridan Swinyer, community resident, clarified the Towns only have two options at this point, either to opt in or opt out. Winemiller confirmed that was correct. Councilperson Karl Law stated that raises a red flag because we only have until December 31st, 2021. Winemiller stated what we are doing tonight is passing the Opt-out Law, and the Board has discussed working on something in the future to go forward. If the Town decides to go forward, then we want to make it work for our town. If we don't opt out tonight, then we are automatically in. Winemiller stated her personal concerns are the youth field and parking. Stephanie Mikesell, community resident, asked how far the youth field is from the church, because it seemed that it would be automatically covered because of its proximity. Discussion ensued regarding the location and proximities stated in the law, and future discussions would address the proximities for what would work for our town. Councilperson Karl Law stated he sees Amell's point that we need to address all intoxicants in the Town, not just the marijuana. Winemiller repeated the State requires all Towns and Villages to opt out by December 31, 2021, otherwise we are automatically in. Winemiller continued the Town can opt in at a later date, and that gives the Town time to work on the verbiage that works for our Town.

Supervisor Winemiller asked if there were any other questions, comments, or concerns.

There were none.

Winemiller asked for a Motion to close the Public Hearings. Councilperson Jennifer Fuller made the Motion to close the Public Hearings. Deputy Supervisor D. Joseph Bates seconded the Motion. All in favor. The Public Hearings concluded at 6:25 pm.


REGULAR BOARD MEETING

Supervisor Winemiller started off the Regular Board Meeting by stating the Bloomingdale Volunteer Fire Department had asked to speak, but there was no representative present at the meeting. Winemiller asked the Department Heads to present their reports.

HIGHWAY DEPARTMENT MONTHLY REPORT

Highway Superintendent Douglas Snickles presented the following report to the Board:

Town of St. Armand Highway Report for the December 14, 2021 Board Meeting

1) We are doing some work on the one ton to help get it through the winter. The plant shut down preventing ordering a new one for 2022.
2) We doing a little plowing and a lot of sanding.
3) We had to bring the Western Star to Malone to get the air valve fixed.
4) We have two loads of salt left to get and they both are going to Trudeau's.
5) We have some clean-up after this weekend's wind storm. Doug publicly thanked the Bloomingdale Fire Department for their assistance with the wind storm.
6) We are going to sandblast and paint the one-ton frame and possibly put it out to auction instead of trading it in.

Supervisor Winemiller thanked Doug and the Highway crew for all of their work, working nights and weekends during the wind storm.

There were no questions regarding the Highway report.

WATER DEPARTMENT MONTHLY REPORT

Cory Skiff presented the following report to the Town Board:

Town of St. Armand Water Report for the December 14, 2021 Town Board Meeting

11/3/21: Monthly sample to lab Pump 5 installed
11/4/21: Pump 4 installed
11/5/21: Pump 5 failed again, Turned water on at 24 River Road
11/8/21: Pulled pump 5 and found that the motor was faulty.
11/11/21: Reinstalled pump 5
11/16/21: Turned off water at 1645 Route 3 so they could replace their water meter.
11/22/21: Installed a new water reader at 22 Poplar lane.
11/28/21: Located the curb stop at 29 West Main St. and shut off their water so they could have a water break fixed.

Supervisor Winemiller thanked Cory Skiff for his work on the well pump emergency.

There were no questions regarding the Water report.

Cory asked what the final decision for the curb stops for 1664 and 1666 NYS Route 3? Supervisor Winemiller asked if this issue could be discussed at this time because Keith Braun was present on the line.

Discussion ensued regarding the changes in the working of the originally submitted deed. Winemiller reported that Cedar Ridge Holding submitted an updated deed with verbiage that clearly stated that the agreement could not be amended, modified or terminated from time to time. The other change was under the paragraph where it said “Common ownership, “from the municipal water main to the residential water valve and to the “T” off, 1664 Residential water valve. The language was also changed about where it was owned. It now says it is owned “from the “T” to the house”. Councilperson Amell said the way it stands now, if there is a break between the shut offs between 1666 to 1664, 1664 will still be responsible. Winemiller replied that was correct. Winemiller asked Cory Skiff if he had any questions, comments or concerns with anything about this? Cory stated he was good with it. Winemiller then called upon each Board member and asked each individually to state their approval or disapproval of the shared water connection between 1664 and 1666 NYS Route 3: Joe Bates: Approved. Don Amell: Approved. Jennifer Fuller: Approved. Karl Law: Approved. Davina Winemiller stated she approved as well.

Keith Braun thanked the Board. Winemiller reminded Keith to ensure that Cory Skiff would be present when the water tap is put in. Keith stated he would coordinate with Barbara Darrah and Cory Skiff to ensure Cory was present during the installation.

WASTEWATER DEPARTMENT MONTHLY REPORT

Wastewater Superintendent Stanley Ingison presented the following report to the Town Board:

Summary of last month's activities for the December 14, 2021 Town Board Meeting

1) Did daily collections, testing and recorded data.
2) Did daily checks of all systems at the PTB and WWTP and recorded the data.
3) Wrote up the DEC monthly operating report and the discharge monitoring report and submitted them digitally.
4) Did weekly generator checks.
5) Did weekly greasing of the paddle wheel drive and clarifier drives.
6) Did weekly grit removal from the classifier drive outfall and unloaded it into the transfer station trash dumpster.
7) I did the weekly flexing of all the aeration diffusers.
8) I did the annual calibration of the Methane (ME) and Hydrogen Sulfide (H2S) sensors for the Core Climate System in the pre-treatment building. I replaced the Oxygen sensor and calibrated it earlier this year. I also replaced the petroleum sensor with a new one last month.
9) I drained and covered the #2 clarifier for the winter to increase the flow through the #1 clarifier to reduce freezing issues. I also mowed inside the fence line for the last time this year in preparation for the installation of more solar panels this fall.
10) Kevin Cogan and crew poured concrete footers for more solar panel installation and installed the electrical conduit to run the lines to the connection panel boards. They did get the stands started last weekend and are set up to finish the stands and install the panels this weekend I believe.
11) Met with Davina to discuss looking into changing from surface water discharge to groundwater discharge and called the DEC and APA to check into it with them. We will have to do a survey of the property and topography to see if it is feasible. It could be a lot more cost effective both now and into the future.
12) I have continued to work with Davina getting the water and sewer line installation plans set up for Clyde Rabideau's properties.
13) We placed the orders for testing equipment needed for gathering the information needed to design and construct the discharge disinfection system. We probably will apply for another extension of the deadline to look into the possibility of changing to a groundwater discharge system so that we wouldn't have to do disinfection. All of the testing equipment is what we should have for plant operation anyway and it will keep up from having to use other people's equipment in the future.
14) I am doing the annual lift station inspections now.
15) I just took the harassment and discrimination annual training for 2021.
16) We continue to work on setting up the new Medicare health insurance plan and payment systems for me which starts January 1st, 2022.
17) I continue to work on the St. Armand Wastewater Department Comprehensive Improvement and Repair Program.

There was one question regarding the Wastewater Report.

CODE ENFORCEMENT MONTHLY REPORT

Sandy Hayes asked if both illegal taps done by the Church (St. Paul's) and Clyde Rabideau for the property at 1664 NYS Route 3 were going to be fined for the sewer connections that were installed without Code approval or Town representatives being present during installation. Winemiller stated that this issue was going to be discussed later in the meeting, but decided to discuss it at this time since the question was posed. Winemiller displayed photos on the screen and provided copies in the Board's packets showing the installation of the sewer pipe. Winemiller had previously asked Stan if by looking at the photos he could guarantee without being present, that the connection was installed correctly and within Code requirements? Winemiller gave a verbal description of what was being seen in the photos. Stan Ingison stated he felt the front side was installed correctly, but there were no photos of the back of the connection, so he could not tell if the sand was cleared from the back and the saddle connection was secure. Further damage to the line could be done by digging it up again to verify the saddle was on tight. Donna Bramer asked if this was the new house at 1664 NYS Route 3. Winemiller replied that it was the new house. Councilperson Donald Amell stated the question was, would there be a fine applied? Winemiller replied that she would be reviewing the Sewer Regulations to see if it was addressed in them. Winemiller added it is a Code Enforcement decision if there is a fine or penalty applied and the Code Enforcement officer would be here tomorrow. Stan Ingison stated that in years past, under the old Town supervision, this was never enforced.

Winemiller replied the building permit application has been updated to include a cover sheet regarding Sewer installation instructions. Winemiller stated there were two questions: Does Stan want them to dig it up, cut it and redo it in front of him? Stan replied that does not need to be done. The 2nd question is, does the Town want to move forward with a Code Enforcement violation and apply a fine?

Sandy Hayes stated he does not feel a fine for Cedar Ridge or St. Paul's is out of order, especially since they both were told that Stan needed to be present during the installation and connection. Discussion ensued regarding the history of the Church's connection.

Karl Law stated he wanted to hear what Robbie Baer's, (Code Enforcement Officer) findings and opinions were before a decision was made. The Board was in agreement. There were no other questions regarding the Wastewater report.

TOWN JUSTICE REPORT

Town Justice Frank Whitelaw submitted the following written report to the Town Board:

Town of St. Armand Town Court Report for the December 14, 2021 Regular Board Meeting

Total fines and surcharges collected for the month of November 2021: $1,195.00
Total collected year-to-date: $37,653.00 Total parking fines for October 2021: $325.00

The court has received two inquiries from JCAP for specifics regarding prices, makes and models for furniture and security equipment requested for our new courtroom. The JCAP grants will be awarded in the spring of 2022. Hopefully, the inquiries are a good sign.

There were no questions regarding the Town Justice Court report.

CODE ENFORCEMENT OFFICER'S MONTHLY REPORT

There was no monthly report for Code Enforcement.

RESOLUTIONS # 81 - # 95

RESOLUTION # 81 OF 2021 TOWN OF ST. ARMAND REGULAR MONTHLY TOWN BOARD MEETING SCHEDULE FOR 2022

Deputy Supervisor D. Joseph Bates, who moved its adoption, offered the following Resolution:

BE IT RESOLVED, that for the year of 2022, the Town Board of the Town of St. Armand will hold its Regular Monthly Board Meeting on the third Tuesday of each month at 6:30 P.M. at the Bloomingdale Town Hall, 1702 NYS Route 3, Bloomingdale, NY 12913, except as noted below:

Tuesday, January 18th
Tuesday, February 15th
Tuesday, March 15th
Tuesday, April 19th
Tuesday, May 17th
Tuesday, June 21st
Tuesday, July 19th
Tuesday, August 16th
Tuesday, September 20th
Tuesday, October 18th
Thursday, November 3rd - Public Budget Hearing (held the Thursday following the General Elections per Town Law)
Tuesday, November 15th - Regular Board Meeting and Passing of the Budget
Tuesday, December 20th

Special Board Meetings or changes in Regular Board Meetings will be announced in the Adirondack Daily Enterprise.

This Resolution was duly seconded by Councilperson Jennifer Fuller and adopted by Roll Call vote as follows:

Supervisor Davina Winemiller AYE
Deputy Supervisor D. Joseph Bates AYE
Councilperson Donald Amell AYE
Councilperson Jennifer Fuller AYE
Councilperson Karl Law AYE

RESOLUTION # 82 OF 2021 TOWN OF ST. ARMAND HOLIDAY SCHEDULE FOR 2022 – TOWN HALL WILL BE CLOSED

Councilperson Karl Law, who moved its adoption, offered the following Resolution:

BE IT RESOLVED, that for the year of 2022, the Town of St. Armand's Town Hall, located at 1702 NYS Route 3, Bloomingdale, NY 12913, will be closed in observance of the following holidays:

Saturday, January 1st – New Year's Day
Monday, January 17th – Dr. Martin Luther King, Jr. Day
Monday, February 21st – Presidents' Day
Monday, May 30th – Memorial Day
Friday, June 17th – Juneteenth Observance
Monday, July 4th – Independence Day Observance
Monday, September 5th – Labor Day
Monday, October 10th – Columbus Day
Friday, November 11th – Veterans Day
Thursday, November 24th & Friday, November 25th – Thanksgiving
Friday, December 23rd – Monday, December 26th – Christmas Observed

This Resolution was duly seconded by Councilperson Jennifer Fuller, and was adopted by Roll Call vote as follows:

Supervisor Davina Winemiller AYE
Deputy Supervisor D. Joseph Bates AYE
Councilperson Donald Amell AYE
Councilperson Jennifer Fuller AYE
Councilperson Karl Law AYE

RESOLUTION # 83 OF 2021 TOWN OF ST. ARMAND 2022 WATER AND SEWER METER READING SCHEDULE

Deputy Supervisor D. Joseph Bates, who moved its adoption, offered the following Resolution:

BE IT RESOLVED, that for the year of 2022, the quarterly Water and Sewer Meter Readings will take place as follows:

First Quarter – Meters to be read December 27th 2021 – January 4th, 2022 Billed in January and Due in February

Second Quarter – Meters to be read on March 24th – March 31st Billed in April and Due in May

Third Quarter – Meters to be read on June 24th – June 30th Billed in July and Due in August

Fourth Quarter – Meters to be read on Sept. 23rd – September 30th Billed in October and Due in November * RE-LEVY Quarter

This Resolution was duly seconded by Councilperson Jennifer Fuller, and adopted by Roll Call vote as follows:

Supervisor Davina Winemiller AYE
Deputy Supervisor D. Joseph Bates AYE
Councilperson Donald Amell AYE
Councilperson Jennifer Fuller AYE
Councilperson Karl Law AYE

RESOLUTION # 84 OF 2021 TOWN OF ST. ARMAND UNPAID WATER AND SEWER BALANCES AS OF NOVEMBER 16, 2021 SUBMITTED TO THE ESSEX COUNTY OFFICE OF REAL PROPERTY FOR THE 2022 TAX RE-LEVY

Councilperson Donald Amell, who moved its adoption, offered the following Resolution:
WHEREAS, by Resolution of the Town Board of the Town of St. Armand, the Town Board authorizes the property tax Re-levy of all unpaid Water and Sewer balances in the St. Armand Water and Sewer District, and
WHEREAS, the amounts of $ 8,370.36 for Water and $ 20,636.68 for Sewer remained unpaid as of November 16, 2021. A grand total re-levy in the amount of $ 29,007.04 was prepared on November 17, 2021and submitted to the Essex County Office of Real Property for re-levy onto the associated 2022 Town and County property tax bills.

This Resolution was duly seconded by Councilperson Karl Law, and adopted by Roll Call vote as follows:

Supervisor Davina Winemiller AYE Deputy Supervisor D. Joseph Bates AYE Councilperson Donald Amell AYE Councilperson Jennifer Fuller AYE Councilperson Karl Law AYE

RESOLUTION # 85 OF 2021 A RESOLUTION TO ADOPT PROPOSED CHANGES TO THE TOWN OF ST. ARMAND'S LOCAL LAW NO. 3 SEWER ORDINANCE OF 2015

Councilperson Karl Law, who moved its adoption, offered the following Resolution:

Upon the passage of a motion to consider from the floor, and the same appearing proper and necessary.


WHEREAS, the Town Board of the Town of St. Armand hereby introduced the following proposed changes to Local Law NO. 3 OF 2015 entitled “TOWN OF ST. ARMAND LOCAL LAW # 3 SEWER ORDINANCE OF 2015, and provides as follows:

Page 18, Section 307 - Connection to Public Sewer Required, Paragraph 2:

In 2021, the Town Board has moved to consider adopting new Water and Sewer District boundaries in order to apply for grant funds to connect un-sewered streets. The new St. Armand Water and Sewer District is further defined by Map # 61521 and the Metes and Bounds Description for Map # 61521 which can be viewed in the office of the Town Clerk. The property owners that will be newly included in the Water and Sewer District will not be held to the requirements of Section 307, above, until such time as the St. Armand Wastewater District is able to connect each property /home to the sewer mains at no cost to the property owner. Further, the property owners who will be newly brought into the District will not be required to contribute to the Sewer Debt service until such time as public sewer is available to the subject parcel. Once new sewer mains are installed in the expansion area, the property owners will be required to connect, per Section 307 above and all parcels will be charged sewer debt in accordance to the St. Armand Wastewater Rules & Regulations.

Page 20, Section 401 – Public Sewer Unavailable – Private Wastewater Disposal Required, Paragraph 2:

Once the Water and Sewer District Boundaries have been adopted, no new private septic systems may be installed within the St. Armand Water and Sewer District Boundaries without a Resolution of Approval from the Town Board. Property

owners who wish to install a private septic system must submit an application to the Code Enforcement Officer for approval. The Code Enforcement Officer will provide the Town Board members a copy of the building permit and septic permit application and will make recommendations to the Town Board. In order for a new septic permit to be issued, the Town Board must approve, by Resolution, the application for a new septic system. A copy of the Resolution must be filed with the Building Permit application and the property owner must be given a copy of the Resolution for their records, and

WHEREAS, all other existing sections of the Town of St. Armand's Local Law NO. 3 Sewer Ordinance of 2015, shall remain unchanged, and

WHEREAS, the proposed changes were reviewed by Daniel T. Tedford, County Attorney.

SECTION I - ADOPTION:

This proposed change to local law is pursuant to the authority granted the municipality in Section X of the Municipal Home Rule Law and in Section 140(6) of the Town Law.

SECTION II - SEVERABILITY:

If any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance, shall be adjudicated by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not impair, affect, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation, or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

SECTION III - EFFECTIVE DATE:

The proposed changes to this local law shall take effect immediately upon filing with the Secretary of State.

BE IT RESOLVED that a Public Hearing was conducted by the Town Board of the Town of St. Armand on the foregoing introduction of proposed changes to Local Law No. 3/Sewer Ordinance of 2015 on the 30th day of November 30, 2021, at 6:00 pm at the Town of St. Armand Town Hall, 1702 NYS Route 3, Bloomingdale, NY, to hear any and all persons concerning the same.

BE IT FURTHER RESOLVED that the Clerk of the Town of St. Armand did publish a notice of such hearing the designated Town newspaper at least five (5) days prior to said hearing.

BE IT FURTHER RESOLVED that the Town Board of the Town of St. Armand does hereby adopt the proposed changes to Local Law No. 3/Sewer Ordinance of 2015.

This Resolution was duly seconded by Deputy Supervisor D. Joseph Bates, and adopted by Roll Call vote as follows:

Supervisor Davina Winemiller AYE Deputy Supervisor D. Joseph Bates AYE Councilperson Donald Amell AYE Councilperson Jennifer Fuller AYE Councilperson Karl Law AYE

RESOLUTION # 86 OF 2021 RESOLUTION TO ADOPT PROPOSED LOCAL LAW NO. 2 OF 2021 ENTITLED “A LOCAL LAW TO OPT OUT OF ALLOWING CANNABIS RETAIL DISPENSARIES AND ON-SITE CONSUMPTION SITES AS AUTHORIZED UNDER CANNABIS LAW ARTICLE 4"

Deputy Supervisor D. Joseph Bates, who moved its adoption, offered the following Resolution:

Upon the passage of a motion to consider from the floor, and the same appearing proper and necessary.

BE IT RESOLVED that the Town Board of the Town of St. Armand hereby adopts proposed Local Law No. 2 of 2021 entitled “A Local Law to Opt Out of Allowing Cannabis Dispensaries and On-site Consumption Sites as Authorized Under Cannabis Law Article 4,” reading and provided as follows:

“TOWN OF ST. ARMAND LOCAL LAW NO. 2 OF 2021"

A local law to opt out of allowing cannabis retail dispensaries and on-site consumption sites as authorized under Cannabis Law Article 4.

BE IT ENACTED, by the Town of St. Armand Town Board, County of Essex as follows:

Section 1. Legislative Intent.

It is the intent of this local law to opt out of allowing cannabis retail dispensaries and on-site cannabis consumption sites in the Town of St. Armand that would otherwise be allowed under Cannabis Law Article 4.

Section 2. Authority.

This local law is adopted pursuant to Cannabis Law §131 which expressly authorizes the town board to adopt a local law requesting the Cannabis Control Board to prohibit the establishment of cannabis retail dispensary licenses and/or on-site consumption licenses within the jurisdiction of the town and is subject to a permissive referendum, the procedure of which is governed by Municipal Home Rule Law §24.

Section 3. Local Opt-Out.

The Town Board of the Town of St. Armand hereby opts out of allowing cannabis retail dispensaries and on-site cannabis consumption sites from being established and operated within the town's jurisdiction.

Section 4. Severability.

If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgement shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, form or corporation, or circumstance, directly involved in the controversy in which such judgement or order shall be rendered.

Section 5. Permissive Referendum

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

Section 6. Effective Date

This local law shall take effect immediately upon filing with the Secretary of State.

BE IT FURTHER RESOLVED that the Town Board of the Town of St. Armand held and conducted a public hearing on the foregoing proposed local law on the 30th day of November, 2021, at 6:00 p.m. in the forenoon of that day, at the St. Armand Town Hall and virtually to hear any and all persons concerning the same; and

BE IT FURTHER RESOLVED that the Clerk of the Town of St. Armand published a notice of such hearing in the designated Town newspaper at least five days prior to said hearing.

This Resolution was duly seconded by Councilperson Jennifer Fuller, and adopted by Roll Call vote as follows:

Supervisor Davina Winemiller AYE Deputy Supervisor D. Joseph Bates AYE Councilperson Donald Amell NAY Councilperson Jennifer Fuller AYE Councilperson Karl Law AYE

RESOLUTION # 87 OF 2021 NOTIFICATION AND APPOINTMENT OF TOWN OF ST. ARMAND'S REGISTRAR OF VITAL STATISTICS AND DEPUTY REGISTRAR OF VITAL STATISTICS

Councilperson Donald Amell, who moved its adoption, offered the following Resolution:
WHEREAS, the current term for the Town's Registrar of Vital Statistics, Barbara Darrah, ends on December 31, 2021, and the new term begins on January 1, 2022, and
WHEREAS, it is required that the Town has a Registrar of Vital Statistics, and
WHEREAS, the New York State Department of Health requires that the Town Board of the Town of St. Armand must appoint or reappoint a Registrar of Vital Statistics for the new term. THEREFORE, LET IT BE RESOLVED the Town Board of the Town of St. Armand hereby appoints Town Clerk Barbara Darrah as St. Armand's Registrar of Vital Statistics effective January 1, 2022 at 12:01 am for the term of January 1, 2021 through December 31, 2025, and
WHEREAS, New York State requires that the Town has a Deputy Town Clerk and Deputy Registrar of Vital Statistics, and the Deputy Registrar of Vital Statistics is appointed by the Town Clerk, and
WHEREAS, Nancy Heath has agreed to accept the appointments of Deputy Town Clerk and Deputy Registrar of Vital Records, and
WHEREAS, Town Clerk Barbara Darrah hereby appoints Nancy Heath, Tax Collector, as the Deputy Town Clerk and Deputy Registrar of Vital Statistics, effective January 1, 2022.
LET IT BE RESOLVED, the Town Board of the Town of St. Armand hereby accepts the appointment of Nancy Heath as the Town of St. Armand's Deputy Town Clerk and Deputy Registrar of Vital Records, effective January 1, 2022 at 12:01 am for the term of January 1, 2022 through December 31, 2025.

This Resolution was duly seconded by Councilperson Jennifer Fuller, and adopted by Roll Call vote as follows:

Supervisor Davina Winemiller AYE
Deputy Supervisor D. Joseph Bates AYE
Councilperson Donald Amell AYE
Councilperson Jennifer Fuller AYE
Councilperson Karl Law AYE

RESOLUTION # 88 OF 2021 TOWN BOARD AUTHORIZATION AND APPROVAL FOR TOWN SUPERVISOR, CFO, TO INCREASE BUDGET AMOUNTS IN REVENUES AND EXPENDITURES IN THE HIGHWAY FUND

Deputy Supervisor D. Joseph Bates, who moved its adoption, offered the following Resolution:
WHEREAS, the New York State Comptroller requires a Resolution for the increase in receipts and expenditures regarding these funds. THEREFORE, BE IT RESOLVED the Town Board of the Town of St. Armand hereby approves an increase in Revenue account DA510 in the amount of 11,703.78, and an increase in Expenditure account DA 5142.403 in the amount of $5,851.89, and DA 5148.402 in the amount of $5,851.89. This adjustment is due to paying Trudeau Sand and Gravel for sand received in 2020 and billed in January of 2021, therefore using budget appropriations in the beginning of the year 2021.

This Resolution was duly seconded by Councilperson Donald Amell, and adopted by Roll Call Vote as follows:

Supervisor Davina Winemiller AYE
Deputy Supervisor D. Joseph Bates AYE
Councilperson Donald Amell AYE
Councilperson Jennifer Fuller AYE
Councilperson Karl Law AYE

RESOLUTION # 89 OF 2021 TOWN BOARD AUTHORIZATION AND APPROVAL FOR TOWN SUPERVISOR, CFO, TO INCREASE BUDGET AMOUNTS IN REVENUES AND EXPENDITURES IN THE SEWER FUND

Councilperson Donald Amell, who moved its adoption, offered the following Resolution:
WHEREAS, the Town of St. Armand Sewer Department has received $12,500.00 in grant funds for partial payment of the NYSERDA Solar Panel Array Grant for the Wastewater Treatment Plant solar panels, and
WHEREAS, the New York State Comptroller requires a Resolution for the increase in receipts and expenditures regarding these funds. THEREFORE, BE IT RESOLVED the Town Board of the Town of St. Armand hereby approves an increase in Revenue account SS 3089 in the amount of $12,500.00 and an increase in Expenditure account SS 8130.200 in the amount of $12,500.00

This Resolution was duly seconded by Councilperson Karl Law, and adopted by Roll Call Vote as follows:

Supervisor Davina Winemiller AYE
Deputy Supervisor D. Joseph Bates AYE
Councilperson Donald Amell AYE
Councilperson Jennifer Fuller AYE
Councilperson Karl Law AYE

RESOLUTION # 90 OF 2021 TOWN BOARD AUTHORIZATION AND APPROVAL FOR TOWN SUPERVISOR, CFO, TO INCREASE BUDGET AMOUNTS IN REVENUES AND EXPENDITURES IN THE WATER FUND

Councilperson Karl Law, who moved its adoption, offered the following Resolution:
WHEREAS, the New York State Comptroller requires a Resolution for the increase in receipts and expenditures regarding these funds. THEREFORE, BE IT RESOLVED the Town Board of the Town of St. Armand hereby approves an increase in Revenue account SW 510 in the amount of $853.55 from the Class Account #10, and an increase in Expenditure account # SW 8340.402 in the amount of $853.55. This adjustment is due to paying for repairs on the water main break on Mill Street. BE IT FURTHER RESOLVED the Town Board of the Town of St. Armand hereby approves an increase in Revenue account SW 510 in the amount of $13,716.00 from the Class Account # 10, and an increase in Expenditure account SW 8340.403 in the amount of $13,716.00. This adjustment if due to replacement of well pumps # 4 and #5 in the Town's well field by Wood Well Drilling

This Resolution was duly seconded by Councilperson Jennifer Fuller, and adopted by Roll Call Vote as follows:

Supervisor Davina Winemiller AYE
Deputy Supervisor D. Joseph Bates AYE
Councilperson Donald Amell AYE
Councilperson Jennifer Fuller AYE
Councilperson Karl Law AYE

RESOLUTION # 91 OF 2021 TOWN BOARD AUTHORIZATION TO SIGN 2022 FIRE CONTRACT AGREEMENT BETWEEN THE TOWN OF ST. ARMAND AND THE VILLAGE OF SARANAC LAKE

Deputy Supervisor D. Joseph Bates, who moved its adoption, offered the following Resolution:
WHEREAS, a Resolution of the Town Board of the Town of St. Armand, authorizing Town Supervisor Davina Winemiller to execute the 2022 Fire Contract with the Village of Saranac Lake, and
WHEREAS, the Village has provided the services of the Village of Saranac Lake Fire Department for the fire protection and rescue services pursuant to General Municipal Law Section 209-b and fire police protection pursuant to General Municipal Law Section 209-c to the Town, and
WHEREAS, the Town Board for the Town of St. Armand agrees to the provisions set with the Fire Contract Agreement for 2022, NOW THEREFORE, LET IT BE RESOLVED that the Town Board for the Town of St. Armand shall abide by the Fire Contract Agreement for January 1, 2022 through December 31, 2022, in the amount of $22,139.85, payable by February 1, 2022.

This Resolution was duly seconded by Councilperson Karl Law, and adopted by Roll Call vote as follows:

Supervisor Davina Winemiller AYE
Deputy Supervisor D. Joseph Bates AYE
Councilperson Donald Amell AYE
Councilperson Jennifer Fuller AYE
Councilperson Karl Law AYE

RESOLUTION # 92 OF 2021 AUTHORIZATION TO SIGN AGREEMENT BETWEEN THE TOWN OF ST. ARMAND AND THE SARANAC LAKE VOLUNTEER RESCUE SQUAD, INC. FOR 2022

Councilperson Donald Amell, who moved its adoption, offered the following Resolution:
WHEREAS, a Resolution of the Town Board of the Town of St. Armand, authorizing Town Supervisor Davina Winemiller to execute the 2022 Agreement with the Saranac Lake Volunteer Rescue Squad, and
WHEREAS the Saranac Lake Volunteer Rescue Squad provides the services of medical care and transportation via ambulance for injured and sick individuals within the borders of the Town of St. Armand, and
WHEREAS the Town Board for the Town of St. Armand agrees to the provisions set within the Agreement between the Town of St. Armand and the Saranac Lake Volunteer Rescue Squad, Inc., and the Town agrees to pay an amount of $30,894.00 for such services from January 1, 2022 to December 31, 2022, payable no later than April 1, 2022. NOW THEREFORE, LET IT BE RESOLVED that the Town Board of the Town of St. Armand shall abide by the Agreement between the Town of St. Armand and the Saranac Lake Volunteer Rescue Squad, Inc.

This Resolution was duly seconded Deputy Supervisor D. Joseph Bates, and adopted by Roll Call vote as follows:

Supervisor Davina Winemiller AYE
Deputy Supervisor D. Joseph Bates AYE
Councilperson Donald Amell AYE
Councilperson Jennifer Fuller AYE
Councilperson Karl Law AYE

RESOLUTION # 93 OF 2021 AUTHORIZATION TO SIGN ANNUAL RENEWAL FIRE AGREEMENT FOR 2022 BETWEEN THE TOWN OF ST. ARMAND AND THE TOWN OF NORTH ELBA

Councilperson Jennifer Fuller, who moved its adoption, offered the following Resolution:
WHEREAS, by Resolution, the Town Board of the Town of St. Armand hereby duly authorizes Supervisor Davina Winemiller to execute the Fire Protection Services Contract agreement with the Town of North Elba, North Elba Park District dated January 1, 2022 to December 31, 2022, and renewable annually up until December 31, 2024. THEREFORE, BE IT RESOLVED that the total sum of $5,045.00 for 2022 is to be paid to the North Elba Park Fire District no later than March 1, 2022.

This Resolution was duly seconded by Deputy Supervisor D. Joseph Bates, and adopted by Roll Call vote as follows:

Supervisor Davina Winemiller AYE
Deputy Supervisor D. Joseph Bates AYE
Councilperson Donald Amell AYE
Councilperson Jennifer Fuller AYE
Councilperson Karl Law AYE

RESOLUTION # 94 OF 2021 AUTHORIZATION TO SIGN CONTRACT BETWEEN THE TOWN OF ST. ARMAND AND STANDARD MEDICAL TESTING SERVICES FOR 2022

Councilperson Jennifer Fuller, who moved its adoption, offered the following Resolution:

BE IT RESOLVED, that this agreement is made between Standard Medical Testing Services, a division of Mountain Medical Services located at 68 Quaker Road, Queensbury, NY, 12804 and the Town of St. Armand, having an address at 1702 NYS Route 3, Bloomingdale, NY, 12913, and;
WHEREAS, this agreement shall be in effect from January 1, 2022 to December 31, 2022, and;
WHEREAS, this contract is for required drug and alcohol testing for equipment operators in the Highway Department. The contract is priced per visit, and specified services and hours, not an annual fee, and;
WHEREAS, Standard Medical Testing Services/Mountain Medical Services attests that it will keep all information obtained from the Town of St. Armand for the purpose of testing confidential unless otherwise required to disclose said information by applicable law, regulation, or subsequent agreement.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of St. Armand hereby authorizes Town Supervisor Davina Winemiller to execute the contract with Standard Medical Testing Services, a division of Mountain Medical Services for the year 2022.

This Resolution was duly seconded by Deputy Supervisor D. Joseph Bates, and adopted by Roll Call vote as follows:

Town Supervisor Davina Winemiller AYE
Deputy Supervisor D. Joseph Bates AYE
Councilperson Donald Amell AYE
Councilperson Jennifer Fuller AYE
Councilperson Karl Law AYE

RESOLUTION # 95 OF 2021 AUTHORIZATION TO SIGN CONTRACT BETWEEN THE TOWN OF ST. ARMAND AND THE TRI-LAKES HUMANE SOCIETY FOR 2022

Councilperson Karl Law, who moved its adoption, offered the following Resolution:
WHEREAS A Resolution of the Town Board of the Town of St. Armand, authorizing Town Supervisor Davina Winemiller to sign the contract with Tri-Lakes Humane Society for the year 2022, and
WHEREAS the Tri-Lakes Humane Society will be the duly authorized agent for domestic animal control in the Town of St. Armand, and
WHEREAS the Town of St. Armand agrees to pay the amount of $3,121.00 for the year of 2022 for such services January 1, 2022 through December 31, 2022, payable on the first business day (Regular Board Meeting) of January 2022.
NOW THEREFORE, LET IT BE RESOLVED that the Town Board for the Town of St. Armand agrees to the current adoption fees and other rules and regulations of Tri-Lakes Human Society with regard to domestic animal control.

This Resolution was duly seconded by Councilperson Donald Amell, and adopted by Roll Call vote as follows:

Town Supervisor Davina Winemiller AYE
Deputy Supervisor D. Joseph Bates AYE
Councilperson Donald Amell AYE
Councilperson Jennifer Fuller AYE
Councilperson Karl Law AYE

Town of St. Armand Resolution of Appreciation
Councilperson Jennifer L. Fuller
SWORN INTO OFFICE JANUARY 31, 2013

This Resolution was offered by Town Supervisor Davina Winemiller, who moved its adoption:
WHEREAS, effective government depends upon those individuals who dedicate their time and talent to Public Service, and
WHEREAS, it is always a privilege to honor an individual who possesses the rare characteristics of leadership and commitment to the public good, and who is willing to devote their time and energy to the conduct of responsible government, and
WHEREAS, Councilperson Jennifer L. Fuller is such an individual and has ably served as a Councilperson of the Town of St. Armand, and
WHEREAS, Councilperson Jennifer L. Fuller has been accessible to her constituents, has listened to their concerns and sought to address their needs in a responsive and caring manner, and
WHEREAS, Councilperson Jennifer L. Fuller executed the duties of Councilperson of the Town of St. Armand in an exemplary and professional manner, and proficiently assumed and performed the tasks of service for the constituents of the Town of St. Armand, and
NOW, THEREFORE BE IT RESOLVED that the Town Board members of the Town of St. Armand hereby extend their sincere gratitude and appreciation on behalf of the Constituents of the Town of St. Armand to Councilperson Jennifer L. Fuller, wishing her the best in her future.

This Resolution was duly seconded by unanimous vote and adopted as follows:

Supervisor Davina Winemiller AYE
Deputy Supervisor D. Joseph Bates AYE
Councilperson Donald Amell AYE
Councilperson Karl Law AYE

Town of St. Armand Resolution of Appreciation
Deputy Supervisor D. Joseph Bates
SWORN INTO OFFICE JANUARY 1, 2014

This Resolution was offered by Town Supervisor Davina Winemiller, who moved its adoption:
WHEREAS, effective government depends upon those individuals who dedicate their time and talent to Public Service, and
WHEREAS, it is always a privilege to honor an individual who possesses the rare characteristics of leadership and commitment to the public good, and who is willing to devote their time and energy to the conduct of responsible government, and
WHEREAS, Deputy Supervisor D. Joseph Bates is such an individual and has ably served as both Councilperson and Deputy Supervisor of the Town of St. Armand, and
WHEREAS, Deputy Supervisor D. Joseph Bates has been accessible to his constituents, has listened to their concerns and sought to address their needs in a responsive and caring manner, and
WHEREAS, Deputy Supervisor D. Joseph Bates executed the duties of Deputy Supervisor and Councilperson of the Town of St. Armand in an exemplary and professional manner, and proficiently assumed and performed the tasks of service for the constituents of the Town of St. Armand, and
NOW, THEREFORE BE IT RESOLVED that the Town Board members of the Town of St. Armand hereby extend their sincere gratitude and appreciation on behalf of the Constituents of the Town of St. Armand to Deputy Supervisor D. Joseph Bates, wishing him the best in his future.

This Resolution was duly seconded by unanimous vote and adopted as follows:

Supervisor Davina Winemiller AYE
Councilperson Donald Amell AYE
Councilperson Jennifer Fuller AYE
Councilperson Karl Law AYE

MOTION TO PAY MONTHLY BILLS

The payment vouchers for November's bills were presented for the Board's approval as follows:

General Vouchers # 360 - # 393 in the amount of $ 60,848.84
Trust and Agency Vouchers # 60 - # 62 in the amount of $ 178.14
Highway Vouchers # 159 - # 177 in the amount of $ 17,911.80
Water and Sewer Vouchers # 171 - # 190 in the amount of $ 19,843.97
B Fund Voucher # 11 - # 15 in the amount of $ 1456.88
Rockledge Water # 5 in the amount of $21.25

Deputy Supervisor D. Joseph Bates made the Motion to approve payment of this month's bills; the Motion was seconded by Councilperson Karl Law. A Roll Call Vote was as follows:

Supervisor Davina Winemiller AYE
Deputy Supervisor D. Joseph Bates AYE
Councilperson Donald Amell AYE
Councilperson Jennifer Fuller AYE
Councilperson Karl Law AYE

All in favor. Motion carried.

MONTHLY REPORT FROM THE SUPERVISOR

Supervisor Winemiller presented the Supervisor's Monthly Report for November 2021. Councilperson Karl Law made the Motion to approve November's Supervisor's Report. The Motion was seconded by Councilperson Donald Amell. All in favor. Motion carried.

REVIEW AND MOTION TO APPROVE PREVIOUS MONTH'S MINUTES

Councilperson Donald Amell made the Motion to approve the Meeting Minutes of the Regular Board Meeting held on November 9, 2021, the Public Hearings held on November 30, 2021, and the Special Board Meeting (Rockledge #4) held on December 6, 2021. The Motion was seconded by Councilperson Jennifer Fuller. All in favor. Motion carried.

TOWN CLERK'S MONTHLY REPORT

Town Clerk Barbara Darrah gave the following report for the month of October 2021:

There were (12) Dog Licenses for November 30, 2021. 3 FS, 8 MN, 1 MU $91.00
Total Revenue Earned $91.00
Paid to Town Supervisor: Gen $ $77.00
NYS Agriculture & Markets: $ 14.00

WATER AND SEWER BILLING MONTHLY REPORT:

As of today, the current receivables are $ 28,601.42, which are the total arrears for 2021. This is the amount of the relevy submitted to Essex County Office of Real Property for the 2022 property tax bills.

OLD BUSINESS

Maintenance Technician Position Description:

Winemiller asked the Board members to approved the help wanted ad for the Maintenance Technician Position. Winemiller distributed the job description to the Board members for their review. The 2022 Budget contained funding for $17.00 per hour for 16 hours per week for this position. The Board approved the submission of the ad.

Solar Panel installation for the Wastewater Treatment Plan Update: This project is nearly complete.

Town Hall Grant Update: The Town Hall grant is moving forward. There is a kickoff meeting in the next couple of weeks. The work will start in 2022. As soon as the Engineers are done with their report, we can go out to bid for those renovations.

The water line was already discussed for 1664 and 1666 NYS Route 3.

NEW BUSINESS

Use of Recovery Funds – County Discussion: Winemiller distributed an email from the County. The County is discussing the possibility of giving Towns recovery funds. At the County level they are having a hard time with vacancies. There are over fifty vacant positions. One of the things they are discussing is giving some funds to the employees as a bonus for working during the pandemic, in order to help the County's goal in retaining employees. Nothing has been decided. It would be at the Town's discretion if some of the funds would be given to the employees.

Water System Field Compliance Inspection Summary from DOH. Winemiller handed out the report that found four deficiencies, none of them were critical. One of the things that were sited was the hydrant flushing. Winemiller reported she talked to Jim Dugan about the possibility of getting SUNY interns for 14 days to do GPS location mapping for all of the hydrant and water line locations. We need to do an Inspection and Maintenance Plan for the Water Department.

Everyone was reminded the Town Hall offices will be closed on Christmas Eve, on Friday, December 24, 2021.

Winemiller reported she had requested the speed in the hamlet of Bloomingdale be decreased from 35 mph to 30. She received a letter from the DOT, stating that the reduction was declined. Winemiller reported that residents have asked for more “Your Speed Is” signs. Discussion ensued regarding ideas for resolving the issue. The Board agreed this topic warrants more discussion.

QUESTIONS OR CONCERNS FROM GUESTS AND STAFF:

There were no questions, comments or concerns.

MOTION TO MOVE INTO EXECUTIVE SESSION

Deputy Supervisor D. Joseph Bates made a Motion to move into Executive Session for the purpose of a personnel matter. The Motion was seconded by Councilperson Karl Law. The Executive Session began at 7:38 pm.

MOTION TO ADJOURN EXECUTIVE SESSION

Councilperson Karl Law made a Motion to adjourn the Executive Session. The Motion was seconded by Deputy Supervisor D. Joseph Bates. The Executive Session ended at 8:18 pm.

MOTION TO ADJOURN REGULAR BOARD MEETING

Councilperson Donald Amell made a Motion to Adjourn the Regular Board Meeting. The Motion was seconded by Deputy Supervisor D. Joseph Bates. The Regular Board Meeting adjourned at 8:19 pm.

I, Barbara J. Darrah, Town Clerk for the Town of St. Armand, do hereby certify that the above is a true and correct transcript of the Regular Board Meeting minutes held on the above-referenced date.


Town of St Armand
PO Box 338, Main Street, Bloomingdale, NY 12913 · 518-891-3189 · Fax: 518-891-6092
info@townofstarmandny.gov
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