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Town of Crawford Town Board
Public Hearing Notice
Special Meeting Notice
PLEASE TAKE NOTICE that the Town of Crawford Town Board will hold a special meeting for the purpose of continuing public hearings for an introductory Local Law, entitled “Opt-Out of Allowing Cannabis Dispensaries and On-Site Cannabis Consumption Establishments,” AND an introductory Local Law entitled, “Opt-Out of Allowing On-Site Cannabis Consumption Establishments,” on Tuesday, July 27, 2021 at 7:00 pm at the Crawford Senior and Community Center, 115 State Route 302, Pine Bush, New York, and for the purpose of potentially taking action on one of the local laws and on any other matter that may come before the Board.
The Town of Crawford will make every effort to assure that the hearing is accessible to persons with disabilities. Anyone requiring special assistance and/or reasonable accommodations should contact the Town Clerk.
Date: July 16, 2021
BY ORDER OF THE TOWN BOARD
TOWN OF CRAWFORD
Jessica M. Kempter, Town Clerk
INTRODUCTORY LOCAL LAW
OPT-OUT OF ALLOWING ON-SITE CANNABIS CONSUMPTION ESTABLISHMENTS
BE IT ENACTED by the Town Board of the Town of Crawford, County of Orange, New York, as follows:
Section 1. Legislative intent and authority.
The intent of this local law is to opt the Town of Crawford out of hosting on-site cannabis consumption establishments within its municipal boundaries. The Town of Crawford wishes to exclude these establishments from the Town because ________This local law will not exclude cannabis retail dispensaries from the Town. This local law is enacted pursuant to Section 131 of the NYS Marijuana Regulation and Taxation Act, which expressly authorizes towns to opt-out of the state’s authorization to allow on-site cannabis consumption establishments to locate and operate within their boundaries, and the state Municipal Home Rule Law.
Section 2. Opt-out.
The Town Board of the Town of Crawford, County of Orange, hereby opts-out of licensing and establishing on-site cannabis consumption establishments within its boundaries. Such establishments shall not be permitted in the Town of Crawford.
Section 3. Severability.
If a court of competent jurisdiction determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this local law, 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 4. This local law is subject to permissive referendum.
Section 5. Effective date.
This local law shall take effect immediately upon filing with the Secretary of State.
OPT-OUT OF ALLOWING CANNABIS DISPENSARIES AND ON-SITE CANNABIS CONSUMPTION ESTABLISHMENTS
The intent of this local law is to opt the Town of Crawford out of hosting retail cannabis dispensaries and on-site cannabis consumption establishments within its municipal boundaries. The Town of Crawford wishes to exclude these establishments from the Town because_______]. This local law is enacted pursuant to Section 131 of the NYS Marijuana Regulation and Taxation Act, which expressly authorizes towns to opt-out of the state’s authorization to allow retail cannabis dispensaries and/or on-site cannabis consumption establishments to locate and operate within their boundaries, and the state Municipal Home Rule Law.
The Town Board of the Town of Crawford, County of Orange, hereby opts-out of licensing and establishing cannabis retail dispensaries and cannabis on-site consumption establishments within its boundaries. Such establishments shall not be permitted in the Town of Crawford.
Town of Crawford 2025 Adopted Budget: View Here Town of Crawford 2021 Public Health Emergency Plan: View Here Town of Crawford 2017 Final Comprehensive Master Plan: View Here
CONSOLIDATION PLAN
The stated goals of the Petition for a Consolidated Town of Crawford is to establish a village with the same boundaries as the Town of Crawford in order to give the Town government greater authority, flexibility and efficiency to provide services to its residents without increasing costs by authorizing the Town government to exercise the powers of a village while continuing to operate a single government as a town. The electorate voted to establish a new village having boundaries coterminous with the Town’s boundaries and to consolidate the new village and the Town of Crawford.
The State Comptroller’s office (OSC) subsequently informed the Town’s attorney that such consolidation would create a single government and would not accomplish the goals of the petition and that incorporation of the village with coterminous boundaries alone accomplishes the goals of the petition. Therefore, having established the new village having coterminous boundaries with the Town, the goals of the petition are accomplished, and proceeding with consolidation of governments would not achieve the goals of the petition.
Since the voters approved a consolidation, the state General Municipal Law §760 requires the Town Board to prepare a consolidation plan. In order to accomplish the goals of the petition and the voters, the plan is to maintain the status quo of a village having coterminous boundaries with the Town of Crawford.
The plan, in response to each of the items set forth in General Municipal Law §760(2), is as follows:
(a) Governments. The two government entities are the Town of Crawford and Village of Crawford, which, in order to achieve the goals of the petition, shall not be consolidated.
(b) Name of Governments. Town of Crawford and Village of Crawford, to be known as the “Town of Crawford”.
(c) Rights, Duties and Obligations. The Town/Village of Crawford will be principally operated as a town. The Town of Crawford shall possess all the rights, powers, duties and obligations of a town, together with the rights and powers of a village. In the case of conflict between the rights and powers of a town and a village, the Town Board may determine which shall be applicable. If additional rights, powers or privileges are granted in the future by New York State to towns and/or villages, the Town shall have such rights and powers.
(d) Territorial Boundaries. The territorial boundaries of the entities each shall be the boundaries of the Town of Crawford.
(e) Type and/or Class. The type of the local government entities shall be a town and a village.
(f) Organization and Officials. The Town of Crawford and Village of Crawford shall remain organized as a town and shall have the same positions for officials and employees, both elected and appointed, as the Town of Crawford. The role of each elected official shall not change. Officials shall possess any additional powers of corresponding village officials, with the exception that the Town Supervisor will not possess the chief executive powers of a village mayor. If there is a conflict between the powers of a town official and corresponding village official, the Town Board shall determine which powers are applicable.
To the extent that Town officials are required to also act as Village officials, the Town Supervisor shall act as a village mayor (except the Town Supervisor shall not have the chief executive powers of a village mayor), Town Board members shall act as Village trustees, and the Town Clerk shall act as a Village clerk. There shall be no separate elections for village officials, except to the extent required, in which case the same person shall seek election for the town office and corresponding village office. There is no need for a transitional plan and the schedule for elections and appointments of officials will be retained.
(g) Costs and Savings. There will be minimal transition costs. The intention is for the government to operate more efficiently and with increased powers.
(h) Assets. The Town’s assets are set forth in its annual report, incorporated herein by reference and publicly available in the Town Clerk’s office. This plan will not affect Town or Village assets.
(i) Liabilities and Indebtedness. The Town’s liabilities and indebtedness are set forth in its annual report, incorporated herein by reference and publicly available in the Town Clerk’s office. This plan will not affect Town or Village liabilities and indebtedness.
(j) Terms of Disposition. The Town will retain its assets, liabilities and indebtedness. The Village will not have independent assets, liabilities or indebtedness.
(k) Laws, Rules and Regulations. The Town’s laws, rules, regulations, orders and the like, as may be amended from time to time, shall remain in full force and effect in the Town and Village, and shall be administered and enforced accordingly.
(l) Effective Date of Consolidation. In order to achieve the purposes and goals of the petition, there shall be no effective date of consolidation.
(m) Notice of Hearing on Plan. A public hearing on the proposed plan shall be held on Thursday, August 15, 2024, at 7:00 PM at the Town Hall, Route 302, Pine Bush, New York 12566.