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 Hearings

Thursday, November 30, 2021 – 6:00 PM
RPTL 467 Senior Exemption, Sewer Local Law Proposed Changes, Cannabis Opt-out Law

These Public Hearing Meeting Minutes were approved by the St. Armand Town Board on December 14, 2021.

Public Hearings for the Town of St. Armand were held on the above date and times at the Town Hall, 1702 NYS Route 3, Bloomingdale, NY, and virtually on-line.

BOARD MEMBERS PRESENT:

Town Supervisor Davina Winemiller, Councilperson Donald Amell, Councilperson Jennifer Fuller, and Councilperson Karl Law.
A quorum of the Board was in attendance.

TOWN EMPLOYEES PRESENT:

Highway Superintendent Douglas Snickles, Water Technician Cory Skiff were present on the virtual meeting. Town Clerk Barbara Darrah attended in person.

EXCUSED:

Deputy Supervisor D. Joseph Bates

GUESTS:

James Abendroth, Timothy Branfalt, Keith Braun, Josh Colby, Seth Jones, Warrene McCarthy, Elaine Taylor, Lee Ann Vancour, (1) unidentified caller, and Aaron Cerbone from the Adirondack Daily Enterprise.

Notice was posted regarding the date and times of these Public Hearings.

Supervisor Davina Winemiller called the Public Hearing to order at 6:00 pm and asked all to join in saying the Pledge of Allegiance.

PUBLIC HEARING NOTICE

Supervisor Winemiller asked Town Clerk Barbara Darrah to read the Public Notice aloud.

Town Clerk Barbara Darrah:

NOTICE IS HEREBY GIVEN that the Town Board of the Town of St. Armand will hold three Public Hearings at the St. Armand Town Hall, 1702 NYS Route 3, Bloomingdale, NY, 12913 and via webinar on Tuesday, November 30, 2021, beginning at 6:00 pm and with each consecutive hearing immediately following thereon. The 1st Public Hearing subject will be the Senior Citizen Exemption RPTL 467. The 2nd Public Hearing subject will be the Town of St. Armand’s proposed update in the Town’s current Sewer Local Law # 3 of 2015. The 3rd Public Hearing subject will be proposed 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/215671845 By phone: 1-(872)-240-3412 Access Code: 215-671-845

This notice was published in the November 17, 2021 edition of the Adirondack Daily Enterprise.

PUBLIC HEARING #1 – RPTL SENIOR EXEMPTION

Supervisor Winemiller explained this Public Hearing was regarding the proposed Senior Exemption amendment increasing the exemption amount of the Real Property Tax for Senior Citizens. The current base amount of $25,000 will remain, and will increase on a sliding scale with the maximum income requirement amount of $33,400.
Question: Will the exemption amount remain the same?
Answer: Yes, but we are increasing the maximum income amount.

There were no other questions or comments regarding this Public Hearing. A Resolution will follow later in the meeting.

PUBLIC HEARING #2 – INTRODUCTION OF PROPOSED CHANGES TO THE TOWN’S CURRENT SEWER LOCAL LAW

Supervisor Winemiller distributed two proposed changes to the Town’s current Local Law No. 3 Sewer Ordinance of 2015. She explained the first change is concerning a third water and sewer district that needs to be formed in order to apply for grant funds to add sewer lines to Poplar Street. The property owners in the new proposed district won’t be charged sewer debt services until the connection to the new sewer line are made. The second proposed change concerns property owners who want to install a new private septic system on a street that might be scheduled for future sewer line installation. The property owners will need to request approval from the Town Board before installing a new septic system. The approval would be done through a Board Resolution. This change will protect the residents from expending large amounts of money on a new septic system when sewer lines may be scheduled to be installed at a later date and the property owner would be required to hook onto the sewer line. Board members commented that it is a long process for a town to get grant funds for the new lines and this is step one.

There were no other questions or comments regarding this Public Hearing. A Resolution of Introduction will follow later in the meeting.

PUBLIC HEARING # 3 – INTRODUCTION OF LOCAL LAW NO. 2 OF 2021 – LAW TO OPT OUT OF ALLOWING CANNABIS RETAIL DISPENSARIES

Supervisor Winemiller explained the purpose of this Public Hearing was to opt out of Cannabis dispensaries in the Town of St. Armand. The State of New York put a caveat in their law that Towns and Villages, if they wanted to have regulations of their own, had to opt out of the Local Law by December 31, 2021, otherwise they were automatically opting in. If the Town did not opt out, then the Town could not make any decisions about where in our town we would like dispensaries located and where we would have the onsite consumption, if any, and there would be no rules or regulations of where placement would be of these dispensaries. The Board has discussed this topic at previous meetings.

Several members from the community expressed concerns that the way the Town is going about this is not right. It was stated the NYS Law already has limits in place preventing cannabis dispensaries, operations, grows within a certain distance from parks, recreation facilities, churches, schools, and things of that nature. By opting out, it would bring the town three steps back from something that could bring revenue to this Town. By opting out, the Town is not allowing any proceeds from the legalization, therefore does not benefit from the pool of collection of excise taxes. Only 9% have opted out, including the Village of Lake Placid.

Winemiller explained that the Town does intend to opt back in at a later date, but the intent is to create and have more control, especially location. Community members countered that Towns may have control without opting out. Zoning and other regulations enable control and reiterated they believed opting out is a step backwards.

Discussion ensued with the Board and guests regarding the pros and cons of opting out. Winemiller also explained that the Town’s law to opt out was drafted by our local attorneys. The Resolution presented tonight was introducing the Local Law so that we could hear from residents and Town Board. There were no other questions or comments. The matter would be presented again at a Public Hearing to be held on December 14, 2021, at 6:00 pm, and then voted on at the Regular Board Meeting to be held the same night at 6:30 pm.

RESOLUTIONS # 76 - # 80

RESOLUTION #76 OF 2021 TOWN OF ST. ARMAND TOWN BOARD AUTHORIZATION TO AMEND AND INCREASE THE BASE EXEMPTION AMOUNT OF THE REAL PROPERTY TAX BASE RATE FOR SENIOR CITIZENS

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

WHEREAS, the Town Board of the Town of St. Armand moves to amend and increase the exemption amount of the Real Property Tax for Senior Citizens, according to the NYS Real Property Tax Law 467, and

WHEREAS, the current base amount of $25,000 will remain, and will increase on a sliding scale with the maximum income requirement amount of $33,400, and

WHEREAS, a Public Hearing was held on November 30, 2021 at 6:00 pm, where all persons were heard in favor or against, and there were no concerns brought forward.

THEREFORE, BE IT RESOLVED the Town Board of the Town of St. Armand hereby moves to amend and increase the exemption amount of the Real Property Tax Base Rate for Senior Citizens. This will take effect for the year 2022.

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 ABSENT
Councilman Donald Amell AYE
Councilman Jennifer Fuller AYE
Councilman Karl Law AYE

Barbara J. Darrah, St. Armand Town Clerk Dated: November 30, 2021

RESOLUTION # 77 OF 2021 A RESOLUTION INTRODUCING PROPOSED CHANGES TO THE TOWN OF ST. ARMAND’S LOCAL LAW NO. 3 SEWER ORDINANCE OF 2015

Councilperson Jennifer Fuller, 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 introduces 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 FURTHER 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.

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

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

Barbara J. Darrah, St. Armand Town Clerk Dated: November 30, 2021

RESOLUTION # 78 OF 2021 RESOLUTION INTRODUCING 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"

Councilperson Jennifer Fuller, 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 introduces 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.

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 shall hold and conduct 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 to hear any and all persons concerning the same; and

BE IT FURTHER RESOLVED that the Clerk of the Town of St. Armand will publish 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 Karl Law, and adopted by Roll Call vote as follows:

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

Barbara J. Darrah, St. Armand Town Clerk Dated: November 30, 2021

RESOLUTION # 79 OF 2021 RESOLUTION OF ENGINEERING FIRMS RANKING FOR ARCHITECTURAL RFP, CDBG PROJECT # 1103PF110-20

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

The Town Board of the Town of St. Armand by this Resolution, adopted by a majority of the Town Board on a Roll Call vote with quorum present and voting and proper notice given, resolves orders as follows:

An Award be made to an engineering firm for the St. Armand Town Hall Architectural RFP, CDBG project # 1103PF110-20.

Further, the notice of award shall be made only after an acceptable price for these services be agreed upon between the firm ranked first by the Qualification Based Selection (QBS) process, and the Town.

The ranking of the firms is as follows:
1. AEDA, P.C. – 88 / 100 points
2. C&S Engineers, Inc.– 82 / 100 points

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 ABSENT
Councilman Donald Amell AYE
Councilman Jennifer Fuller AYE
Councilman Karl Law AYE

Barbara J. Darrah, St. Armand Town Clerk Dated: November 30, 2021

RESOLUTION # 80 OF 2021 RESOLUTION AWARDING THE ST. ARMAND TOWN HALL ARCHITECTURAL CONTRACT TO ARCHITECTURAL & ENGINEERING DESIGN ASSOCIATED, P.C., (“AEDA”) WITH THE FUNDS THEREOF TO COME FROM THE CDBG GRANT #1103PF110-20 AND FURTHER AUTHORIZING THE TOWN BOARD TO EXECUTE A CONTRACT WITH AEDA FOR PROFESSIONAL DESIGN SERVICES

Councilperson Donald Amell, who moved its adoption, offered the following Resolution:

WHEREAS, the Town Board of the Town of St. Armand has reviewed all proposals submitted for the Town Hall project Request for Proposals with the assistance from Essex County Community Resources; and

WHEREAS, that after review and discussion of the proposals submitted to the Town Board at a Regular Board Meeting on this date; and

WHEREAS, the decision was made to select an engineering firm, that most fits the needs associated with this project and an acceptance price has been agreed upon;

THERFORE, BE IT RESOLVED that the Town Board of the Town of St. Armand will award Architectural & Engineering Design Associated (AEDA) the professional services contract for said Project.

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 ABSENT
Councilman Donald Amell AYE
Councilman Jennifer Fuller AYE
Councilman Karl Law AYE

Barbara J. Darrah, St. Armand Town Clerk Dated: November 30, 2021

GUEST: Keith Braun, Cedar Ridge Holdings

Supervisor Winemiller introduced Keith Braun, Cedar Ridge Holdings, to present his request on connecting the new water line installation for 1664 NYS Route 3 to tie into the existing water line at 1666 NYS Route 3, rather than digging across Route 3 to connect across the street where the Town’s water lines are located.

Keith explained the connection would be made after the existing curb stop, with 2 additional curb stops. There would be two separate water meters, one for 1666 NYS Route 3 and 1664 NYS Route 3. The water pressure supply is adequate to supply both houses. Supervisor Winemiller asked Keith if the company intended on selling the properties to others? Keith responded that there were no plans to sell at this time, but possibly in the future. He continued to explain that each owner would have their own access to their line. Their attorneys could draft an easement in future deeds. Supervisor Winemiller asked Highway Superintendent Douglas Snickles, Water Technician Cory Skiff, and Wastewater Superintendent Stanley Ingison to weigh in on the request. Highway Superintendent Doug Snickles stated they would have to trench into Route 3 into the existing sidewalk and there is a storm drain there. In addition, Teddy’s Ice Cream has a patio located in the same area, also. Winemiller asked how much disruption of traffic would there be. Snickles stated there would be a lot of disruption. Water Technician Cory Skiff stated the water line is 6 – 8’ deep under the sidewalk with a trench box, ductile and iron pipe, lined with cement. The hole would be monstrous Wastewater Superintendent Stanley Ingison stated there are two sewer lines that could be damaged. It does sound like the water line is deeper than the sewer line. Damage to the storm drain is more of a concern. Winemiller questioned how long the water would have to be off and was there a chance of contamination? Cory responded the water wouldn’t have to be shut off because they could do a live tap. All three Town employees expressed concerns about digging the trench across the street. Supervisor Winemiller pointed out that this request is not unprecedented; it has been done in the town before. Councilperson Don Amell asked if the Town went with 2 curb stops, who has the responsibility of the line in between the two houses? Keith Braun responded that because there would be two separate lines, if there was a problem with exiting lines and after the curb stop after, both owners would be responsible. Karl Law asked Cory Skiff if he had seen the diagram? Cory had not. Supervisor Winemiller sent Cory Skiff a text of the proposed diagram. Winemiller explained 1664 would own and be fully responsible for the orange section, 1666 would own and be fully responsible for the blue section, and both 1664 and 1666 would equally own and be responsible for the yellow section. Cory asked if there is going to be a curb stop located on 1664’s property? Winemiller and Braun stated that was correct.

Winemiller pointed out in the draft deed language regarding the easement, it says each owner shall be responsible for 50% of the cost for repair and maintenance. It also says they both have the right to go onto the other property for maintenance and repair. So, it is giving each other access to the other’s property in the deed description. This is a draft that was drawn up by their (Cedar Ridge Holding) attorneys. Winemiller wanted the Board to hear the concerns of the Department Heads.

The Board determined more time is needed to make this decision. Winemiller stated this would be put on the agenda for the Regular Board meeting scheduled for December 14, 2021. Keith Braun thanked the Board for their time.

QUESTIONS, COMMENTS, OR CONCERNS

There were no further questions, comments or concerns.

MOTION TO MOVE INTO EXECUTIVE SESSION

Councilperson Karl Law made a Motion to move into Executive Session for the purpose of a personnel matter. The Motion was seconded by Councilperson Jennifer Fuller. The Executive Session began at 7:13 pm.

MOTION TO ADJOURN EXECUTIVE SESSION

Councilperson Donald Amell made a Motion to adjourn the Executive Session. The Motion was seconded by Councilperson Karl Law. The Executive Session ended at 7:27 pm.

MOTION TO ADJOURN THE PUBLIC HEARING

Councilperson Karl Law made a Motion to Adjourn the Public Hearing. The Motion was seconded by Councilperson Donald Amell. The Public Hearing ended at 7:28 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 Public Hearing and Budget Work Session 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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