The regular semi-monthly meeting of the Board of Trustees of the Village of Menands was held on Monday, February 5th, 2024, and 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
Chief Ryan St. Gelais, Police Dept
Lt. Kevin Schwebke, Police Dept
Also attending: Bill Garvey, Mike & Susan Mackay, Matt Rogers, John Stangle, Courtney Jaskula, Mark Carnegie, Chuck & Cindy Price. L Neuman, Steve Boulet.
Virtual attendance: Kathy Mosca, Bill Nevins, Val Parker, Joe Jenkins, Jen Carravo, Christy Johnston, Beth Harbour.
The Mayor led the Pledge of Allegiance.
Mayor Marsh asked everyone to remain standing for a moment of silence for Paul Cooney past ZBA Chairman and Village Engineer and lifelong resident.
Resolution Number: 240149
Trustee Harbour made a motion to accept the minutes of the January 16th, 2024, Board Meeting, seconded by Trustee Lane.
ADOPTED:
Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Resolution Number: 240150
Trustee Lane made a motion to approve payment for the following, seconded by Trustee Harris.
WARRANT # 17:
GENERAL totaling $258,812.62
WATER totaling $ 70,115.95
SEWER totaling $ 29,011.11
TOTALS $357,939.68
PAYROLL #18: totaling $116,273.37
(01/11/24-01/25/24)
ADOPTED:
Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Resolution Number: 240151
Trustee Lane made a motion to accept the following resolution, seconded by Trustee Harbour.
RESOLVED, that the Treasurer be, and hereby authorized to make the following Budget Transfers.
Resolution Number:
The Treasurer requested the board approve the following resolution – a resolution correcting the Board Meeting transfers on 1-16-2024 as follows; Account #A.1110.0105 Court O/T to account #A1110.0152 Court O/T; Account #A.3120.0105 Police Uniforms to Account #A.3120.0418 Police Uniforms; due to typing errors on the sub account numbers.
After a discussion Trustee Harbour, moved the following resolution, seconded by Trustee Lane, a resolution authorizing the Treasurer to correct the 1-16-2024 Budget transfers as stated above.
ADOPTED:
Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
The Clerk led a discussion regarding the 2023 LOSAP Program for the Fire Department. Chief Ognan has reviewed the points for the year 2023 and is asking permission to post them for 30 days.
Resolution Number: 240152
Trustee Harbour made a motion to approve the Posting of the Fire Department LOSAP points for 30 days, seconded by Trustee Kalogridis.
ADOPTED:
Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
The Clerk led a discussion requesting permission for the Fire Department to purchase 3 sets of Turnout Gear at a total Cost of $17,251.50 under state contract from MES. Discussion followed.
Resolution Number: 240153
After a discussion Trustee Harbour made a motion to approve the purchase of 3 sets of Turnout Gear from MES at a cost of $17,251.50, 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
The Clerk led a discussion regarding needing approval to make the payment for the equipment that the Fire Department Purchased with the Assistance for Fighting Grant. The grant was for $100,583.00 with a 5% match. The Village portion is $5,029.15. The Village has received the monies from FEMA.
Resolution Number: 240154
After a discussion Trustee Kalogridis made a motion to approve the payment of the equipment that the Fire Department Purchased with the Assistance for Fighting Grant, 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
The Clerk led a discussion regarding the renewing of the Albany County Emergency Mutual Aid Plan. Plan needs to be renewed every 5 years. Discussion followed.
Albany County Mutual Aid and Assistance Agreement For Disasters and Other Related Emergencies
WHEREAS, the safety of the citizens of the State of New York is of the utmost importance to all levels of state and local government;
WHEREAS, the County of Albany (the “County”) and its municipalities seek to enter a Mutual Aid and Assistance Agreement in order to provide for the sharing of resources, personnel, and equipment in the event of a local disaster or other emergency;
WHEREAS, the State of New York and the Federal Emergency Management Agency (FEMA) have recognized the importance of the concept of written mutual aid agreements between all levels of government to facilitate reimbursement; and
WHEREAS, pursuant to the Constitution of the State of New York, municipalities are allowed to enter into mutual aid and assistance agreements which may include provisions for the furnishing and exchanging of supplies, equipment, facilities, personnel, and services during a natural or man-made disaster and/or other emergency; now
THEREFORE, the parties agree as follows:
SECTION I
DEFINITIONS
A. “Agreement” shall mean this document, the “Albany County Mutual Aid
Agreement for Disasters and Other Emergencies.”
B. “Aid and Assistance” shall include, but not be limited to, personnel, equipment, facilities, services, supplies, and other resources.
C. “Authorized Representative” shall mean an official of a party to this Agreement who has been authorized in writing by that party pursuant to the terms of this Agreement, to request, offer, or provide assistance under the terms of this Agreement. The authorized representatives are listed in Schedule “A” attached hereto. Schedule “A” shall be updated periodically as necessary for personnel changes.
D. “Disaster or other emergency” shall mean the occurrence or imminent threat of widespread or severe damage, injury, loss of life or property resulting from an intentional, accidental or unintended release of any substance in or material in any form or quantity which poses an unreasonable risk to the safety and health and to the property when released, natural incidents, explosions, fires, collapses or any other incident which directly affects public safety.
E. “Provider” means a party to this Agreement that has received a request to furnish aid and assistance to the party in need (“Recipient”).
F. “Recipient” means a party to this Agreement receiving aid and assistance from another party.
SECTION II.
OBLIGATIONS OF THE PARTIES
A. Provision of Aid and Assistance – Pursuant to the terms and conditions set forth in this Agreement, the parties hereto shall provide each other with aid and assistance in the event of a local disaster or emergency. It is mutually understood that each party’s foremost responsibility is to its own citizens. This Agreement shall not be construed to impose an absolute obligation on any party to this Agreement to provide aid and assistance pursuant to a request from another party. Accordingly, when aid and assistance have been requested, a party may deem itself unavailable to respond and shall so inform the party setting forth the request.
B. Procedures for Requesting Assistance – Requests for assistance shall be made by the Authorized Representative of a party to the Authorized Representative of the other party. Such request must indicate that it is made pursuant to this Agreement. Such request may be made by telephone, to be followed as soon as practicable by a written confirmation of that request. The Albany County Sheriff’s Emergency Management Unit may act as coordinator of requests among the parties to this agreement when and if conditions warrant a multi-jurisdictional response to an incident.
C. Designation of Authorized Representative – Each party to this Agreement shall designate an Authorized Representative. Such designation shall be communicated, in writing, to the Chief Executive Officer of the other party upon the execution of this Agreement. Such designation may be amended at any time by the Chief Executive Officer of a party upon timely notice.
D. Traveling Employees – Unless otherwise specified by Recipient or agreed by the parties in writing, it is mutually understood that Recipient will provide for the needs of the Provider’s traveling employees. Recipient shall pay for all reasonable out-of-pocket costs and expenses of Provider’s personnel, including, without limitation, transportation expenses for travel to and from the disaster area, food and if necessary, lodging. If Recipient cannot provide such food and/or lodging at or near the disaster area, the Recipient shall so advise the Provider, and shall specify in its request for assistance that only personnel who can provide for their own needs are requested.
E. Supervision and Control – The Provider shall designate supervisory personnel amongst its employees sent to render aid and assistance to the Recipient. Recipient shall provide necessary credentials to the Provider’s personnel authorizing them to operate on behalf of the Recipient. Recipient shall assign work tasks to Provider’s supervisory personnel, and unless specifically instructed otherwise, Recipient shall have the responsibility for coordination between
Provider’s supervisory personnel and Recipient. Based upon such assignments set forth by Recipient, Provider’s supervisory personnel shall have the authority to:
(1) Assign work and establish work schedules for Provider’s personnel;
(2) Maintain daily personnel time records, material records, and a log of equipment hours;
(3) Report work progress to Recipient at regular intervals as specified by Recipient.
F. Period of Service; Renewability; Recall – Unless agreed otherwise, the duration of the Provider’s assistance shall be for an initial period of twenty-four (24) hours, starting from the time of arrival. Thereafter, assistance may be extended in increments agreed upon by the Authorized Representatives of Provider and Recipient. Provider’s personnel, equipment and other resources shall remain subject to recall by Provider to provide for its own citizens if circumstances so warrant. Provider shall make a good faith effort to provide at least 8 hours advance notification to Recipient of Provider’s intent to terminate such assistance, unless such notice is not practicable, in which case as much notice as is reasonable under the circumstances shall be provided.
SECTION III.
REIMBURSEMENT
A. Except as otherwise provided below, it is understood that Recipient shall reimburse Provider for the following documents costs and e xpenses incurred by Provider as a result of extending aid and assistance to Recipient.
(1) Personnel – During the period of assistance, Provider shall continue to pay its employees according to its then prevailing ordinances, rules, regulations, and agreements.
(2) Equipment – Provider shall be reimbursed by Recipient for the use of its equipment during the period of assistance according to established FEMA equipment rates.
(3) Material and Supplies – Provider shall be reimbursed for all materials and supplies furnished by it, used, or damaged during the period of assistance. The Recipient shall not be responsible for reimbursing Provider for the costs of any damage caused by gross negligence, willful and wanton misconduct, intentional misuse, or recklessness of Provider’s personnel. Provider’s personnel shall use reasonable care at all times in the use and control of all materials and supplies used by them during the period of assistance. The measure for reimbursement for materials and supplies shall be determined in accordance with FEMA and New York State reimbursement policies. In the alternative, the parties may agree in writing that Recipient will replace the materials and supplies used or damaged, with materials and supplies of like kind and quality.
B. Record Keeping – Recipient shall provide information, directions, and assistance for record keeping to Provider’s personnel, Provider shall maintain records and invoices for reimbursement.
C. Billing and Payment – Provider shall send an invoice for reimbursable costs and expenses, together with appropriate documentation as required by Recipient, as soon as practicable after said costs and expenses are incurred, but not later than forty-five (45) days following the period of assistance. Recipient shall pay the bill, or advise of any disputed items, not later than forty-five (45) days following the billing date.
D. Inspection of Records – Provider agrees that it shall make its records regarding costs and expenses for assistance provided under this Agreement available for audit and inspection upon request by the Recipient, New York State, and the federal government, and shall maintain such records for at least seven (7) years after the date of final payment under this Agreement.
SECTION IV.
PROVIDER’S EMPLOYEES
A. Rights and Privileges – Whenever Provider’s employees are rendering aid and assistance pursuant to this Agreement, such employees shall remain the responsibility of the Provider and retain the same powers, duties, immunities, and privileges they would ordinarily possess if performing their duties within the geographic limits of the Provider.
B. Workers’ Compensation – Recipient shall not be responsible for reimbursing any amounts paid or due as benefits to Provider’s employees due to personal injury or death occurring during the periods of time such employees are engaged in the rendering of aid and assistance under this Agreement. It is mutually understood that Recipient and Provider shall be responsible for payment of such workers’ compensation benefits only to their own respective employees.
SECTION V.
NONDISCRIMINATION
In accordance with Article 15 of the Executive Law (“Human Rights Law”), and all other applicable local, State and Federal constitutional, statutory and administrative nondiscrimination provisions, the parties to this Agreement shall not discriminate against any employee or applicant for employment on account of race, creed, color, sex, national origin, disability, Vietnam Era Veteran status or marital status.
SECTION VI.
HOLD HARMLESS
To the extent permitted by law, each party (as Indemnitor) agrees to protect, defend, indemnify, and hold the other party (as Indemnitee), and its offices, employees and agents, free and harmless from and against any and all losses, penalties, damages, assessments, costs, charges, professional fees, and other expenses or liabilities of every kind and nature arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind in connection with or arising out of Indemnitor’s negligence, acts, errors and/or omissions. To the extent that immunity does not apply, each party shall bear the risk of its own actions, as it does with its day-to-day operations, and determine for itself what kinds of insurance, and in what amounts, it should carry. Each party understands and agrees that any insurance protection obtained shall in no way limit the responsibility to indemnify, keep, and save harmless the other parties to this Agreement.
SECTION VII.
AMENDMENTS
This Agreement may be modified at any time upon the mutual written consent of the parties. Additional municipalities may become parties to this Agreement upon the acceptance and execution of this Agreement.
SECTION VIII.
DURATION OF AGREEMENT
Term – This Agreement shall be for a term of five (5) years from the date of execution by the parties unless the Agreement is renewed or terminated as set forth in this section.
A. Renewal – This Agreement will automatically renew annually after the original five (5) year term, unless written notice is given by either party as set forth below in the termination section.
B. Termination – Any party may withdraw from this Agreement upon thirty (30) days written notice to all other parties. A termination shall not affect the obligation of any party to reimburse the other for the costs and expenses of rendering aid and assistance incurred prior to the effective date of termination.
SECTION IX.
HEADINGS
The headings of various sections and subsections of this Agreement have been inserted for convenient reference only and shall not be construed as modifying, amending, or affecting in any way the express terms and provisions of this Agreement.
SECTION X.
SEVERABILITY
Should any clause, sentence, provision, paragraph, or other part of this Agreement be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this Agreement. In the event that parties to this Agreement have entered into other aid and assistance agreements, those parties agree that, to the extent a request for aid and assistance is made pursuant to this Agreement, those other aid and assistance agreements are superceded by this Agreement,
SECTION XI.
FIRE MUTUAL AID
Notwithstanding the provisions of Section X, this agreement does not affect the fire mutual aid agreement that has been entered into among the various fire departments in the County. The fire mutual aid agreement shall take precedence when it is applicable.
SECTION X.
EFFECTIVE DATE
This Agreement shall take effect upon its execution by the individual parties.
Schedule A – Municipalities and Authorized Representatives
Municipality Authorized
Representative(s) Contact Information (Telephone & Email)
Albany County
Albany City
Altamont Village
Berne Town
Bethlehem Town
Coeymans Town
Cohoes City
Colonie Town
Colonie Village
Green Island Village
Guilderland Town
Knox Town
Menands Village
New Scotland Town
Ravena Village
Rensselaerville Town
Voorheesville Village
Watervliet City
Westerlo Town
Resolution Number: 240155
After a discussion Trustee Lanes made a motion to approve renewing the Albany County Mutual Aid Plan and appointing the Clerk Authorized Representative, 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 the Fire Fighters Property Tax Exemption and the process that must be completed for the Fire Fighters to receive the Exemption. The Clerk must certify that the information is correct and that the Fire Fighter is in good standing. The Board should designate the Clerk as the person who certifies the applications. Discussion followed.
Resolution Number: 240156
After a discussion Trustee Kalogridis made a motion to designate the Clerk as the person who certifies the applications for the Fire Fighters Property Tax Exemption, 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
Chief Ryan St Gelais led a discussion regarding the cameras along Broadway. Discussion followed.
Resolution Number: 240157
After a discussion Trustee Harbour made a motion to approve $5,767.00 to purchase equipment needed to get the Broadway Camera System working from ABS, seconded 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 Marsh led a discussion regarding the Albany County Sewage Treatment Plant. Discussion followed.
After a discussion, the Board decided they would write a letter of support for Albany County Sewage Treatment Plant to help get funding to make upgrades to the plant.
Mayor’s Report:
- Mayor is working with NYCOM to get state to drop the Engineering requirements to lower the speed limit within the Village.
- Still working on Local Law regarding alternate street parking.
- The March Meeting will introduce a Nuisance Alarm Law.
- The April Meeting will introduce new Sign Law.
- Regeneron will be going before the Albany County IDA on 2/7/24 at 6:00 P.M.
- Regeneron will be going to the ZBA on Thursday, 2/8/24 for a 7’ fence.
- The Fusion Recovery Committee will be meeting by the end of the month.
Trustee’s Reports:
Habrour: Trustee Harbour on 2/17/24 the CYO will be holding an Alumni Game.
Harris:
Lane: Trustee Lane the Senior Property Tax Exemption rates have changed. A discussion followed.
Lt. Kevin Schwebke gave stats of Police Activities.
In 2023 the Menands Police saw an increase in calls for service by 15.5%, continuing a trend from 2022 where we saw a 11.5% increase. Subsequently our arrests for 2023 increased by nearly 26.5%.
Traffic stops increased by 57% in 2023 resulting in 4856 citations issued and an increase of 150% in DWI arrests.
A reduction of 10% in motor vehicle crashes, a 20% reduction in larcenies and a 30% reduction in motor vehicle thefts.
I believe it is important to note that only .02% (two hundredths of a percent) of our calls resulted in a use of force.
In 2024 we had 126 requests for property checks. Of those checks some last for a weekend while others last ten months. All of those checks are completed once per shift, three times a day.
General Comments:
TO: All Menands Village Board Members
FROM: Bill Garvey, Jr
I got some important Village items as follows:
- He’s NOT thrilled about the Village decision to contract Dispatching services to Albany County Sheriffs Department.
- He’s opposed to a Special Permit for 442 Broadway for Bloom Brothers for a marijuana shop.
- He supports the use of the Colonie Police Range Use Agreement.
- He proposes colored pipeline codes for public buildings.
- He supports comp time for Police Dept. Agreements. He urges the Village Board to please pass the resolution.
- He’s delighted the Village is replacing the wooden salt/gravel storage sheds with a new metal or concrete?
- He proposes 2 or 3 disabled parking sports close to pavilion with blue lines.
- There are 4 DEAD END signs that need to be replaced. Irving Pl, E Kenmar Rd, S Lyons Ave, Canal St.
- While visiting Krispy Mart, I observed items blocking fire extinguisher, so I removed both items away, from the extinguisher right away.
- He’s frustrated that the LL restroom have not been repaired and wants to know when the state will, release the $125,000 Grant which has already been approved.
- There are 3 or 4 street signs that are peeling and need to be replaced like Harts Lane.
- He has observed several hydrants that are rusting and peeling paint and they need repair work.
- He couldn’t find the 1/16/24 meeting agenda, wants to know why it wasn’t on the bulletin board, and would like to know why.
Chuck Price asked additional questions regarding Albany County Sewage Treatment Plant. A discussion followed.
Steve Boulet thanked the Police the parking on Menand Road is better.
John Stangle asked the status of the High Service Reservoir repairs. The Mayor advised that repairs have been completed, the tank is being sanitized and will be refilled this week.
John asked about water loss. A discussion followed.
John asked about the stairs and the wall in front of the firehouse. Mayor Marsh advised that LaBella’s is looking into redoing the whole front to make it more ADA compliant. The estimated cost is $250,000.00 and they are looking into grants. A discussion followed.
Courtney Jaskule stated that on Saturday, March 2nd, 2024, from 9:00 A.M. to 11:00 A.M. there will be a Pancake Breakfast at the Menands School.
At 7:00 P.M. Trustee Harris made a motion to enter Executive Session to discuss a Personnel matter, seconded by Trustee Kalogridis.
ADOPTED:
Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
The regular meeting reconvened at 7:40 P.M.
Trustee Harris made a motion to adjourn, seconded by Trustee Lane.
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 7:40 P.M.
__________________________
Donald Handerhan
Village Clerk