The regular semi-monthly meeting of the Board of Trustees of the Village of Menands, held on Monday, August 19, 2024, was called to order by Mayor Brian Marsh at 6:00 P.M.
PRESENT:
Brian Marsh, Mayor
Molly Harbour, Trustee
Seth H. Harris, Trustee
Nicholas Kalogridis, Trustee
Timothy Lane, Trustee
Donald Handerhan, Village Clerk
Stephen Rehfuss, Village Attorney Virtual
Ryan St. Gelais, Police Chief Absent
Kevin Schwebke, Police Lt. Virtual
David Ognan, Fire Chief Absent
Also attending: Bill Garvey, Liz Espinoza, Susan & Mike Mackay, Bill Nevins, Tag Buskey, Vanessa Mercado, Jennifer Cannavo, Steve Boulet, Mark Carnegie, Jason Carnegie, Dianne MacFarland, Diane Leonard.
Virtual attendance: Jackson, Peg Holland
The Mayor led the Pledge of Allegiance and stated that this meeting is being recorded.
Mayor Marsh read and presented the following Proclamation to Ryan Biskey:
Proclamation and
Award For Athletic Excellence
OFFICE OF THE MAYOR
VILLAGE OF MENANDS
WHEREAS, Ryan Buskey, a Menands Resident and graduate of the Menands School, a junior at Colonie Central High School and Colonie Track and Field athlete; and
WHEREAS, Ryan’s athletic excellence has been on display as he competes in the high jump and is a three-time All-American National Champion; and
WHEREAS, Ryan is a “Skys the Limit” Track Club member who qualified for the 15–16-year-old High Jump at the AAU Junior Olympics held this summer at the Region 1 AAU qualifying competition held in Jersey City, achieving a winning height of 6 ft 9 inches; and
WHEREAS, Ryan competed recently in the AAU Junior Olympics in Greensboro, North Carolina and won 1st place out of 68 competitors in his age category with a jump of 6 ft 6.75 inches winning the GOLD medal.
THEREFORE, IN WITNESS WHEREOF, I, Brian A. Marsh, Mayor of the Village of Menands, as Chairperson of the Board of Trustees, proclaim Ryan Buskey a Menands Junior Olympic Champion and join in the celebration of his success and athletic excellence. I do hereby proclaim September 5th, the 1st day of Menands School for the 2024 academic year, as Ryan Buskey Athletic Excellence Day. I, do hereby present this Proclamation and Award for Athletic Excellence on this day, August 19, 2024
______________________________________
Mayor Brian A. Marsh
The Village Board congratulated Ryan Buskey.
Resolution Number: 250038
Trustee Harbour made a motion to accept the minutes of the August 5th, 2024, Board Meeting, seconded by Trustee Kalogridis.
ADOPTED:
Trustee Harbour voting AYE
Truste Harris voting AYE
Trustee KalogridisvotingAYE
Trustee Lane voting ABSTAINED
Mayor Marsh voting AYE
Resolution Number: 250039
Trustee Lane made a motion to approve payment for the following, seconded by Trustee Kalogridis.
WARRANT #6:
GENERAL totaling $ 87,862.69
WATER totaling $ 14,914.91
SEWER totaling $ .00
TOTALS $ 99,777.60
PAYROLL # 5: totaling $116,289.81
(07/26/24-08/08/24)
ADOPTED:
Trustee Harbour voting AYE
Truste Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Resolution Number: 250040
The treasurer requests the Board approve a resolution to use the remaining ARPA monies to help pay for the cost of the New Police cars that were approved by resolution #250223. This resolution is required as all ARPA monies must be committed by 12/24. The Treasurer will forward the resolution so that we don’t lose the remaining ARPA funds.
After a discussion Trustee Harris offered the following resolution, which was seconded by Trustee Harbour, a resolution authorizing the Treasurer to forward the resolution to the consultant to report the commitment of the APRA Funds.
ADOPTED:
Trustee Harbour voting AYE
Truste Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Resolution Number: 250041
The Treasurer requested approval to transfer an additional $10,000 from The General fund checking account #5203317955 to Account #5203318002 HSA Account. This is the account that CDPHP uses to cover the deductible for our Health Insurance plan. After a discussion, Trustee Harris moved the following resolution, which was seconded by Trustee Lane, a resolution authorizing the Treasurer to Transfer $10,000. From General Fund Checking to the HSA Account.
ADOPTED:
Trustee Harbour voting AYE
Truste Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Resolution Number: 250042
The Treasurer requested approval to amend the 2024-2025 Village budget as follows; Amend account A.3120.0208 by $209,751 for the Federal Grant the Police Department received on July 5, 2024. For the purchase of technology equipment. After a discussion, Trustee Harris moved the following resolution, which was seconded by Trustee Lane, a resolution authorizing the Treasurer to Amend the 2024 – 2025 Village Budget Account A.3120.0208 by $209,751.
ADOPTED:
Trustee Harbour voting AYE
Truste Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Mayor Marsh and Trustee Lane led a discussion regarding the grant for the EV Chargers. NYSERDA as an approved vendor Livingston Charge Port. Livingston Charge Port gave the following quote under NYS Contract. Discussion followed.
Quote from Livingston Charge Port:
Total cost of Project: $22,924.00
Discount: $14,000.00
Village Portion: $8,924.00
Resolution Number: 250043
After a discussion Trustee Lane made a motion to approve the purchase of two EV Chargers to be installed at the Village Office and Ganser Smith Park at a cost of $22,924.00 by Livingston Charge Port, second by Trustee Harris.
ADOPTED:
Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Mayor Marsh gave an update regarding the repairs to the sidewalks on Brookside Ave and Menands Road.
Mayor Marsh led a discussion regarding allowing employees to live in abutting counties. Discussion followed.
PROPOSED – Village of Menands Employee Residency Requirement Policy
Purpose
The purpose of this policy is to ensure that all employees of the Village of Menands contribute to and support the community by residing within Albany County, NY, or an abutting county. This policy is established to promote community engagement, economic support, and local involvement.
Scope
This policy applies to all full-time, part-time, and temporary employees of the Village of Menands.
Policy
l. Residency Requirement
All employees of the Village of Menands are required to reside within Albany County, NY, or one of the abutting counties: Rensselaer, Schenectady, Saratoga, Greene, Columbia, or Schoharie.
2. Proof of Residency
Employees must provide proof of residency within 90 days of their hire date.
Acceptable forms of proof include but are not limited to: Utility bills.
● Lease or mortgage agreements.
● Driver’s license or state-issued ID
● Voter registration card
3. Ongoing Compliance
Employees are required to maintain residency within the specified areas for the duration of their employment. Any change in residency must be reported to the Human Resources Department within 10 days.
4. Exceptions
Exceptions to this policy may be granted under special circumstances. Employees seeking an exception must submit a written request to the Village Clerk detailing the reasons for the exception. The request will be reviewed by the Village Clerk and Mayor, and a decision will be communicated to the employee in writing.
5. Enforcement and Penalties
Failure to comply with this residency requirement may result in disciplinary action, up to and including termination of employment.
The Village of Menands reserves the right to conduct periodic checks to ensure compliance with this policy.
6. Review and Amendments o This policy will be reviewed as needed by the Village Board. Any amendments or changes to the policy will be communicated to all employees in a timely manner.
Acknowledgment
I acknowledge that I have received, read, and understand the Village of Menands Employee Residency Requirement Policy. I agree to comply with the terms and conditions outlined in this policy.
Employee Name (Printed)
Employee Signature
Date
For any questions or further clarification regarding this policy, please contact the Village Clerk.
Village of Menands
Village Clerk
Resolution Number: 250044
After a discussion Trustee Harris motioned to approve the policy that allows employees to live in abutting countries with the exception of Village Board Members, Village Justice, and Village Clerk, second by Trustee Harbour.
ADOPTED:
Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Mayor Marsh led a discussion regarding parking improvements at 250 Broadway. He has received two quotes to complete the work. Discussion followed.
Quotes:
1. Clover Leaf $10,666.00
2. Kronau $64,700.00
3. Bonded for the blocks $4,000.00
Resolution Number: 250045
After a discussion Trustee Harris Made a motion to approve Clover Leaf Nurseries to complete the work at 250 Broadway at a cost up to $11,000.00, second by Trustee Kalogridis.
ADOPTED:
Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Resolution Number: 250046
After a discussion Trustee Harris Made a motion to approve Bonded Concrete for 50 Large Blocks at a cost of $4,000.00, second by Trustee Lane.
ADOPTED:
Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Mator Marsh led a discussion regarding entering into a Memorandum of Understanding with the City of Albany to accept yard waste from the Village at an annual cost of $5,000.00. Discussion followed.
MEMORANDUM OF UNDERSTANDING
BETWEEN THE VILLAGE OF MENANDS AND
THE CITY OF ALBANY DEPARTMENT OF GENERAL SERVICES
FOR THE USE OF YARD WASTE PROCESSING FACILITY
This Memorandum of Understanding (MOU) is entered into on this _1st__ day of _August___, 2024, by and between the Village of Menands, a municipal corporation with offices located at 280 Broadway Menands NY 12204 (hereinafter referred to as “Village”), and the City of Albany, Department of General Services, with offices located at One Richard J. Conners Blvd. Albany, New York 12204 (hereinafter referred to as “City”).
PURPOSE
The purpose of this MOU is to establish the terms and conditions under which the Village will utilize the City’s yard waste processing facility for a term of five (5) years.
TERMS AND CONDITIONS
1. Use of Facility
● The City agrees to provide the Village access to its yard waste processing facility located at [Facility Address] for the purpose of processing yard waste generated by the Village.
● The Village will be allowed to dispose of yard waste including, but not limited to, leaves, grass clippings, tree branches, and other organic materials deemed acceptable by the City.
2. Term
● This MOU shall commence on [Start Date] and shall continue for a period of five (5) years, terminating on [End Date], unless terminated earlier as provided herein.
2. Fees and Payment
● The Village agrees to pay the City a fee of $10,000 ANNUALLY for access to the yard waste processing facility. This rate will increase 5% each year after the initial year.
● The City will invoice the Village on an Annual basis, and the Village agrees to make payment within thirty (30) days of receipt of the invoice.
2. Responsibilities of the Village
● The Village will be responsible for transporting yard waste to the City’s processing facility.
● The Village will ensure that all yard waste delivered is free of non-organic materials and contaminants.
● The Village will comply with all rules and regulations established by the City for the use of the facility.
2. Responsibilities of the City
● The City will operate and maintain the yard waste processing facility in compliance with all applicable local, state, and federal regulations.
● The City will provide the Village with access to the facility during regular operating hours.
● The City reserves the right to reject any yard waste that does not meet its acceptance criteria.
2. Termination
● Either party may terminate this MOU for any reason with ninety (90) days written notice to the other party.
● In the event of a material breach of any term of this MOU, the non-breaching party may terminate this MOU immediately upon written notice to the breaching party.
2. Indemnification
● The Village agrees to indemnify, defend, and hold harmless the City, its officers, employees, and agents from and against all claims, demands, liabilities, damages, losses, and expenses arising out of or related to the Village’s use of the yard waste processing facility.
● The City agrees to indemnify, defend, and hold harmless the Village, its officers, employees, and agents from and against all claims, demands, liabilities, damages, losses, and expenses arising out of or related to the City’s operation and maintenance of the yard waste processing facility.
2. Amendments
● This MOU may be amended only by a written agreement signed by both parties.
2. Governing Law
● This MOU shall be governed by and construed in accordance with the laws of the State of New York.
2. Entire Agreement
● This MOU constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, and negotiations, whether written or oral, between the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding as of the day and year first above written.
Village of Menands
By: ______________________________________
Name: ____________________________________
Title: _____________________________________
City of Albany Department of General Services
By: ______________________________________
Name: ____________________________________
Title: _____________________________________
Attachments: Annual estimated calculations chart
Cc: Attorney, Village of Menands
City of Albany, Corporation Counsel
Resolution Number: 250047
Trustee Lane made a motion to approve the Memorandum of Understanding with the City of Albany to accept yard waste from the Village at an annual cost of $10,000.00 and will increase 5% each year annually, second by Trustee Harris.
ADOPTED:
Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Chief Ognan requested permission to use the ire apparatus for Community Night on Wednesday, August 21st, 2024.
Resolution Number: 250048
Trustee Harbour made a motion to approve the use of the fire apparatus for Community Night, seconded by Truste Kalogridis.
ADOPTED:
Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Mayor Marsh led a discussion regarding the need to renumber Glenwood Road to proper addresses. Creighton Manning would be hired to address the renumbering. Discussion followed.
WORK ORDER #99
Village of Menands, Designated Engineering Services
Professional Services Contract
The scope and fee described within this Work Order shall be performed subject to the terms and conditions set forth in the “Master Services Agreement” (Contract) that has been executed between the Village of Menands (Village/Client) and Creighton Manning Engineering, LLP
Task: Emergency Engineering Support
(This is MUNICIPAL type project)
Date: 07/30/2024
From: Dale T. (Skip) Francis, PE, Client Manager cc: John Finelli, EI, John Tozzi, PE
CM Project: 124-157, Task 99
Scope of Services
In accordance with the Contract, Part 1 – Scope of Services, this Work Order is hereby described more particularly as follows:
On 8/14/2024, the Village emailed Creighton Manning a request to establish an open Work Order to be available for responding to Village emergencies that require engineering support.
We will serve as the Village’s Engineer for performing emergency technical services, that include, but may not be limited to the following:
1. Civil engineering services including but may not be limited to, water distribution system, wastewater collection system, roads & streets, traffic signs & signals, and bridges & culverts.
2. Survey services are available within the firm and could be utilized if warranted by the emergency situation.
Services Not Included
The following services have yet to be included, but can be provided in the future:
1. Environmental engineering and/or Hazmat response.
2. Wastewater treatment processes.
3. Anything not explicitly described in the scope of services.
Schedule
We will commence our services upon receipt of this executed Work Order. We will endeavor to respond as promptly as possible. We will communicate with the Village to develop a mutually agreed schedule.
Village of Menands – Designated Engineering Services WORK ORDER #99
Fees
In accordance with the Contract, Part 3 – Compensation, the fees for this Work Order are as follows: Initial budget request, billed at hourly rates $ 5,000
Subsequent funding may be necessary to expand this funding as additional emergency responses may be added to this Work Order over time.
Attachments
1. Client’s request services, email from Mayor Brian Marsh, dated 08/16/2024.
AUTHORIZATION:
Person signing below has been duly authorized to engage the Village of Menands to receive services rendered by Creighton Manning and to be responsible for the associated service fees:
Name (Please Print) Signature Date
Resolution Number: 250049
After a discussion Trustee Harris made a motion to approve Creighton Manning to oversee the renumber of the addresses on Glenwood Road at cost up to $5,000.00, second by Trustee Lane.
ADOPTED:
Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Mayor Marsh advised the Board due to Labor Day Holiday and having to move a date fir the Concert in The Park the September 3, 2024, meeting will need to be moved the September 4, 2024.
Resolution Number: 250050
Trustee Harris made a motion to approve the moving of the September 3, 2024, meeting to September 4, 2024, second by Trustee Kalogridis
ADOPTED:
Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Mayor’s Report:
- Village Picnic & Community Night scheduled for Wednesday, August 21st, 2024, from 5:00 P.M. to 8:00 P.M. Rain date Thursday, August 22, 2024.
- 2023 Energy Benchmark Report has been posted on the website.
- One Million dollars has been deposited in NY Class and we have already received $10,000.00 interest.
- The pump station generator has been delivered and Kasselman will install it on September 16, 2024.
- The delinquent taxes are posted in the office.
- CDTC will be holding a webinar regarding Vision for the Capital District.
- Colonie Village cloned their website for the Village of Menands to use for the Village website. A discussion followed.
- The Mayor gave update on the South End Project. A discussion followed.
Trustee’s Reports:
Harbour: Menands School Mums Sale has started
Harris: No report
Kalogridis: Asked if AED is available while Pavilion is in use. A discussion followed.
Lane: Gave Little River update
Public Comment:
From Bill Garvey:
- As my understanding that the 5/20/24 public hearing was held dealing with off road vehicles (ATVS) under local law no. 3 of 2024. for welfare, health, public security + the quality-of-life reasons I strongly support this village law.
- I’m glad to hear that our village decided to approve the hire of Christopher Akin as patrol man at step 3 for our police Department I wish Christopher Akin well in his job as police officer at step 3. good luck
- While I’m still opposed to the planned housing project on north sipe of Clifford road, however I support resolution no. 240223 dealing with having affordable housing within several parts of our village everyone must have housing.
- Tim Lane, I like to thank you + your family for sending me a get-well card. I appreciate it, Tim Lane, I also thank you for replying to my 5 letters dealing with village items. I’m glad you agree with most of my concerns.
- I wish to thank Mayor B. Marsh + all village officials for your prayers, thoughts plus your concern about my health and welfare during 4 surgeries + my rehabilitation. I am doing far better. Once again thank you for everything.
- While I’m delighted that the repair work of the Menands little league restroom building is finally done, more importantly, I’m delighted that this restroom building is painted regular green, my most favorite color.
- While visiting the men’s restroom near the pavilion building, it had no soap in the men’s restroom. So, I gave some hand soap for that restroom nearly may of 2024.
- Mr. Mayor B. Marsh since I have been requesting for several years to replace wooden salt + gravel sheds with new aluminum salt+ gravel store toners, I’m glad to hear that you are working with state representative Philip Steck’s office to apply for Sam Grant to replace the salt + gravel store sheds with new ones.
- The yellow dead-end signs on east Kenmar road, Irving place, Canal Street next to East McDonald circle + Southend of Elmwood road still need replacement with new dead-end signs.
- I still wish to propose a privately owned arctic agriculture and plant research development center in northern Menands by which this arctic agriculture project will use arctic plants to produce food, chemicals, energy + medicine.
- I’m requesting that our village board pass + enforce a village law requiring all apartment buildings including village one apartments within Menands to install banisters on all walls in all stairwells.
- On early morning of 7/12/24, I finally got cleanup work details done for the Menands little league baseball organization as the official ground’s keeper for the last time for 2024, I hope to be able to serve as official grounds keeper during 2025.
- In the early morning of 7/14/24, l began a liter pickup project in our village once again by which I picked up litter around most village public buildings.
- I have been hearing complaints from some DPW guys that after they get done picking up litter on Canal Street between market road + farmers region market that employees of midland farms dairy processing plant are dumping some litter on this area of Canal Street.
Resident Steve Boulet:
- Thanked Menands Police for enforcing parking on Menand Road. But did ask for consistency in enforcing. A discussion followed.
- Asked about status on alternate parking. A discussion followed.
- He asked to have branches trimmed along Menand Road near sidewalks.
Resident Bill Nevins:
- Thanked the Board for recognizing Ryan Buskey.
- Asked what the savings were with LED streetlights. A discussion followed.
- He thanked DPW for their hard work.
- Something needs to be done with Wolfert Avenue near Hutton Street due to the condition of the road. A discussion followed.
Resident Dianne MacFarland:
- Suggested that there be NO PARKING or rough road signs posted on Wolfert near Hutton Street. A discussion followed.
- Dianne suggested that all sidewalks be evaluated.
Resident Mike Mackay:
Suggested the bank account numbers not be posted during resolutions. The Mayor explained they are not bank accounts, they are general ledger codes. A discussion followed.
Resident Diane Leonard:
She is impressed with the number of businesses that have come to the Village of Menands.
The Clerk advised the following:
- Retired Police Officer Ed Joy has passed away and the funeral was today.
- Tomorrow from 1 PM – 6 PM there will be a blood drive at the firehouse.
Trustee Harris made a motion to adjourn, seconded by Trustee Harbour.
ADOPTED:
Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
The meeting duly adjourned at 6:45 P.M.
__________________________________
Donald Handerhan
Village Clerk