Village of Menands Board of Trustees, semi-monthly meeting. I am Mayor Meg Grenier and it’s 6:00 o’clock, I will call the meeting to order. For anyone outside the village staff who is attending this video conference, I would ask you please identify yourselves, Eric Johnson, Chazen Companies, Bill Nevins, Susann Harris, John Stangle. The mayor asked them to mute their microphones.
Mayor Grenier then did a roll call of Village staff: Deputy Mayor Seth H Harris, present, Trustee Diane Foley, present, Trustee Brian Marsh, present, Trustee Tim Lane, present, Clerk Don Handerhan, present, Village Attorney Stephen Rehfuss, present, Intern Anika Fisher, present, Lyle Darmetko, Code Enforcement Officer, present. On behalf of the Village Board, I would ask all residents that we please keep our First Responders, all essential workers and those affected by this pandemic in our thoughts and prayers.
On September 2nd, 2021 Governor Kathy Hochul signed legislation (S.50001/A.40001) extending virtual access to public meetings under New York State’s Open Meetings Law, which allows New Yorkers to virtually participate in local government meetings during the COVID-19 pandemic. The legislation which was initially implemented by Executive Order during last year’s State of Emergency, allows state and local government meetings that are normally held in person to be held remotely instead, as long as the public has the ability to view or listen to the meeting and as long as the meeting is recorded and later transcribed. This statutory change will reduce the need for congregation at public meetings while the Delta variant is prevalent, while ensuring public business can continue.
A motion was made by Trustee Harris to approve minutes from the October 18th, 2021 Board Meeting, seconded by Trustee Lane.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
A motion was made by Trustee Harris to approve the following, seconded by Trustee Marsh.
WARRANT #11:
GENERAL totaling $213,936.98
WATER totaling $ 6,226.73
SEWER totaling $ 4,591.50
TOTALS $224,765.21
PARK IMPROVEMENT: totaling $ 649.00
PAYROLL #11: totaling $109,369.46
(10/08/21-10/21/21)
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
Resolution Number 210067
The Treasurer requested a resolution authorizing him to transfer $12,400 from the Equipment Savings Account to A.3120.0208 Police Equipment Miscellaneous to cover the cost of the ATV the board approved at the June 21, 2021 board meeting. After a discussion Trustee Marsh, moved a resolution authorizing the Treasurer to transfer $12,400 from Equipment Saving to A.3120.0208 Police Equipment Miscellaneous to cover the cost of the ATV approved by the board at the June 21, 2021 Board meeting, the resolution was seconded by Trustee Harris.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
Code Enforcement Officer Lyle Darmetko led a discussion regarding the condition of the property at 33 Glenwood Road. Lyle advised the Board that the property is unfit for human habitation and is a hazard to the neighbors. In Lyle’s opinion the property should be condemned. Village Attorney Rehfuss explained the procedure and Village Code 64-1. A Discussion followed.
Village of Menands
280 Broadway
Menands, NY 12204
(518) 434-2922
Fax (518) 427-7303
October 27, 2021
Board of Trustees
280 Broadway
Menands, NY, 12204
RE: Human Occupancy/Property Maintenance
33 Glenwood Road
Menands, N.Y. 12204
Dear Board of Trustees,
As you may or may not know the property located at 33 Glenwood has been a problem for the Village of Menands in regards to property maintenance for years. The problems have evolved into dangerous, hazardous, uninhabitable and unsuitable for living in.
A bit of the Past: Since I have become Code Enforcement Officer:
1) Mr. Weaver was ticketed to appear in court (April, 2017) (no appearance). Violations were 110-2, 110-3, (junk vehicles, Permanent filled dumpster), NYS IPMC (New York State International Property Maintenance Code) 302.3 (sidewalks and driveways must be kept in proper state of repair and maintained free from hazardous conditions).
2) Sent out 4 letters of complaint to Mr. Weaver from 1/18-3/18. Requesting and pleading to Mr. Weaver to remove the dumpster and the Junk vehicle that he was ticketed for in April 2017. Results: NOTHING
3)February26, 2019. A letter of complaint was sent out to Mr. Weaver for obstructing the public sidewalk and discharging a sump pump hose on a public road creating ice and a dangerous situation for pedestrians. Second letter was sent to Mr. Weaver stating violations 145-7 (Unauthorized use of street and sewers), 144-5 Illegal discharge into the MS4 any material other than stormwater), NYS PM 302.1(sanitation. Property shall be maintained in a clean, safe and sanitary condition). Entire exterior property is now full of junk. NYS IPMC 308.1(Exterior property and the interior of every structure, shall be free from any accumulation of rubbish or garbage). Mr. Weaver removed the sump pump hose from the public sidewalk but nothing else was done to remedy the accumulation of the unsightly condition of the property. Other Results: NOTHING
4)Sent a violation letter 9/9/2020 in violation of 145-8(weeds and plant growth over 10″, 81-3(Garbage, refuse and debris scattered throughout
the property), NYS IPMC 302.4, 308.1, 302.3, 302.1, 304.13 (weeds grass overgrowth, rubbish, garbage, hazardous waste, no access to driveway, public sidewalks, unsanitary, windows are broken and home is in an unsafe condition. Results: NOTHING
5) 1112 2020: Police department invited code enforcement inside the home to inspect. During the visit we discovered unsightly, unhealthy, unsanitary, hazardous and uninhabitable conditions. Animal Feces and urine scattered throughout. Rodent droppings all over the home including countertops, Open Electrical Junction Boxes Creating a fire hazard, uninstalled plumbing traps replaced by buckets to catch all the water waste and sewage fumes inside the living space, a water hose to the sump pump was spraying water (perhaps waste?) directly onto light fixtures and open junction boxes, Electrical leads used to feed electric fixtures all over the home, broken windows, busted out walls, raw garbage throughout the first floor. The exterior is full of debris and junk throughout the front and side driveway, The back of the yard has grass that is at least 2-3 Foot high. The property currently has a 2″ hose coming from the home and being released in the rear of the property causing neighboring properties to flood along with an area of the Village Park. It is suspected that this water may be partially sewage. This was witnessed by our DPW, Police Department and Building. (Please see photos). March of 2021, Mr. Weaver was ticketed once again in violation of 110-3 (2 junked vehicles)
82-6 (securing and storing garbage containers), NYS IPMC 302.1 (sanitation), NYS IPMC 308.1 (accumulation of rubbish and garbage 145.8 (high plant growth), NYS IPMC 701.2 (homes must have sewer connection, currently disconnected with Homes sanitary waste being pumped in the backyard), NYSPMC 604.3 (Electrical systems hazards), NYS IPMC 605.4 (flexible cords shall not be used for permanent wiring running through doors, windows etc.),NYS IPMC 309.1 (Infestation of insects and rodents), NYS IPMC 309.3 (responsible for pest elimination), NYS IPMC 305.1 (homes equipment and structure shall be maintained in good repair and in a sanitary condition), NYS IPMC 910.1 (each plumbing fixture must be vented), NYS IPMC 904.3 (Vents must be terminated outdoors to eliminate sewage fumes), NYS IPMC (Plumbing system must not constitute a hazard).
The exterior is full of debris and junk throughout the front and side driveway creating all means of egress to be compromised. The back of the yard has grass that is at least 4-5-Foot-high attracting and harboring rodents. The property currently has a 2″ hose coming from the home and being released in the rear of the property causing neighboring properties to flood along with an area of the Village Park. It is suspected that this water may be partially sewage. This was witnessed by our DPW, Police Department and Building.
This property is unfit for human occupancy, it is unsafe because the homes electric, heating and plumbing continues to be in disrepair which is all essential equipment to NYS Code, lacks maintenance, is unsanitary inside and out, shows rodent infestation, contains filth and contamination throughout and is pumping waste outside which is spreading to the village public park and other neighboring properties. The home is a detriment to the health, safety and quality of life to other residents of the Village of Menands.
Please see the attached photos.
Thank You for your time and please do not hesitate in contacting me with any comments and/or questions.
Sincerely
Lyle Darmetko
Code Enforcement Officer
Village of Menands
Resolution Number 210068
Trustee Marsh made the following resolution regarding the property at 33 Glenwood Road should be condemned and red tagged. The occupant in accord to 64-1 of Menands Village Code be provided with notice and given an opportunity to heard on the issue of the property being red tagged. The occupant has 14 days to respond directly to the Building Department. In the interim the occupant must discontinue the use of the property and must vacate. Second by, Trustee Lane.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
Code Enforcement Officer Darmetko advised the Board that the property at 45 Broadway (Crainsville Block) will also need to be condemned. The building has been inspected by a structural engineer and the building is unsafe. Lyle will complete a report regarding 45 Broadway for the next Board Meeting. A discussion followed.
After the discussion Trustee Marsh will make contact the owners of Crainsville Block and put them on notice.
A discuss was held regarding Property Maintenance Code 127. After the discussion the Board decided to table until the next meeting.
The Clerk advised the Board that NYS Retirement modified some records of activities from the Resolution of Standard Work Week. A new resolution will need to be introduced.
Trustee Foley made a motion to approve the Standard Work Week for Trustee Marsh, Trustee Lane, Judge Flint and Village Attorney Rehfuss, seconded by Trustee Harris.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
Any city, town, village, or country government in New York State can take a stand by adopting the Climate Smart Communities Pledge. Local governments may amend the preamble of the pledge below, but all ten points of the pledge must be adopted verbatim by the highest body of elected officials (e.g., town board or city council). The final resolution document must include a signature from the municipal clerk verifying the authenticity of the resolution and indicating the date of passage. Local Governments should then designate a primary contact person to complete the online registration form and upload the resolution by following the steps at https://climatesmart.ny.gov/actionscertification/getting-started/. After the registration is reviewed, the community will be designated a Registered Climate Smart Community and be added to the online list. Join us!
Resolution Number 210069
Trustee Marsh read the following Resolution:
WHEREAS, the Village of Menands (hereinafter “local government”) believes that climate change posses a real and increasing threat to our local and global environments and is primarily due to the burning of fossil fuels; and
WHEREAS, the effects of climate change will endanger our infrastructure, economy and livelihoods; harm our farms, orchards, and ecological communities, including native fish and wildlife populations; spread invasive species and exotic diseases; reduce drinking water supplies and recreation opportunities; and pose health threats to our citizens; and
WHEREAS, we believe that our response to climate change provides us with an unprecedented opportunity to save money, and to build livable, energy-independent and secure communities, vibrant innovation economies, healthy and safe schools, and resilient infrastructures; and
WHEREAS, we believe the scale of greenhouse gas (GHG) emissions reductions required for climate stabilization will require sustained and substantial efforts; and
WHEREAS, we believe that even if emissions were dramatically reduced today, communities would still be required to adapt to the effects of climate change for decades to come,
IT IS HEREBY RESOLVED that the Village of Menands, in order to reduce greenhouse gas emissions and adapt to a changing climate, adopts the New York State Climate Smart Communities pledge, which
Comprise the following ten elements:
- Build a climate-smart community.
- Inventory emissions, set goals, and plan for climate action.
- Decrease energy use.
- Shift to clean, renewable energy.
- Use climate-smart materials management.
- Implement climate-smart land use.
- Enhance community resilience to climate change.
- Support a green innovation economy.
- Inform and inspire the public.
- Engage in an evolving process of climate action.
Trustee Marsh made a motion to adopt the Climate Smart Communities Pledge, seconded by Trustee Lane.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
Anika recapped from last meeting CGI Video regarding the Village. A discission followed.
Update on the grant for the Charging Stations there will be two charging stations one at the Office and the second at the park. Due to the Village Median House Hold Income the match will be 10% instead of 20%. Lyle Darmetko advised the Board a new code regarding charging stations should be introduced.
Food Accessibility Solutions:
Due to population and not enough traffic larger chains will not consider Menands. Anika met with Town of Colonie Planning Director Sean Maguire he suggested looking into Food Co-Ops. A discussion followed.
Mayor Grenier gave an update on the Halloween Parade. Approximately 130 bags were given out and the PBA also gave out candy.
There is a dead tree in the park that needs to be removed. A village resident has an evergreen tree she would like to donate to be transplanted into the park. A discussion followed.
Trustee Lane inquired about the status of the Asplundh Trucks. The Clerk advised he has called several times with no reply that he will send a letter tomorrow advising the trucks need to be removed.
The Clerk informed the Board that the Health Insurance Workshop has been scheduled for Wednesday, November 3, 2021 via Google Meet.
MEMORANDUM 11/1/21
TO: All Menands Village Board Members
FROM: Bill Garvey, Jr
I have some important letters of importance as follows:
- In mid-September he saw 7 lights left on in the pavilion when lights were no longer being used.
- He is impressed with the U-Haul revitalization on the old Williams Press Building.
- He is unhappy about the litter on the streets of lower Menands, and would like to see enforcement on the No Litter Ordinances.
- He is concerned about brush blocking the markers on pole #9 by the Water Plant.
- He doesn’t understand why the Village cannot have concrete or steel salt & gravel sheds. Hopefully including these repairs in the 2022 – 2023 Budget.
- He is still concerned about the vines covering the high voltage tower along D&H Railroad at the Menands Road crossing.
Thank you for your time and consideration
Your Sincerely
Bill Garvey, Jr.
At 6:51 P.M. Trustee Harris made a motion to enter into Executive Session to discuss a personnel matter, seconded by Trustee Marsh.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
The regular meeting reconvened at 6:59 P.M.
A motion was made by Trustee Harris to adjourn, seconded by Trustee Foley.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
The meeting was duly adjourned at 7:03 P.M.
_____________________
Donald Handerhan
Village Clerk