At 6:00 PM on Monday, February 7th, 2022 Mayor Meg Grenier read the following statement: this is the Village of Menands Board of Trustees, semi-monthly meeting. I am Mayor Meg Grenier and as it is 6:00 o’clock, I will call this meeting to order. For anyone outside the village staff who is attending this video conference, I would ask if you would please identify yourselves, Renee Lequire, Bill Nevins, Steve Boulet, Mike & Susan MacKay, Mike Weaver. The mayor asked them to mute their microphones.
Mayor Grenier then did a roll call of Village staff: Deputy Mayor Seth Harris, present, Trustee Foley, present, Trustee Brian Marsh, present, Trustee Timothy Lane, present, Clerk Don Handerhan, present, Deputy Clerk/ Treasurer Nicole Ognan, present Village Attorney Steve Rehfuss, present, Chief St. Gelais, present, Det Sgt Schwebke, present Fire Chief Steurer present, Intern Isabel Smrstik, 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 January 14th, 2022 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.
Public hearing for proposed Local Law # 1 of 2022 to add Chapter 127 Property Maintenance Code.
Mayor Grenier opened the Public Hearing regarding a proposed Local Law #1 of 2022 to add Chapter 127 Property Maintenance Code.
Trustee Lane gave an overview of Chapter 127 Property Maintenance Code.
Bill Nevins read the following letter to the Board:
Thank you for allowing me to address you tonight. I have great reservations in the passing of Chapter 127 Property Maintenance.
Although the draft for review has come a long way in addressing responsibilities and requirements from previous drafts, I feel that Chapter 127 will create excessive and unwarranted complaints from residents.
The responsibility to maintain property has always been part of Village living and items are covered in current codes. If it is the intent of the Board to be able to impose penalties, perhaps a modification of existing codes to impose penalties would be better. Cases in point, the Village Code Enforcement officer worked within the current codes to address issues at 45 Broadway and 33 Glenwood Road. The issues with those properties have been addressed and current code allowed the Village to force owners to comply with the wants of the Village.
Additionally, not that Section 304 of the NYS Property Maintenance code is a bad thing, but if the Village passes Code 127, every commercial building on the Broadway corridor in the Village will be in violation. Everything from unsafe conditions, hazardous conditions, excessive hazardous materials, siding and window issues, roofs that leak, masonry joints, signs that are rusted or buildings that have oxidation (The Village office does not comply with Code 127 if passed, neither does the Police/Fire station or the Village DPW building on Oakland). In the 1/2 mile section of Broadway from Wolfert to Wards there are 14 properties that will be in violation of code 127.
If the Trustees have read NYS code 304, they would see that 99% of residential building in the Village would be in violation of code 127 overnight. Things like foundation cracks, rust on aluminum siding, easily openable windows, chipped or peeling paint or the oxidation of roof shingles. This will create an undue burden on the Code Enforcement Officer and the Village in addressing concerns timely. It looks like a money grab situation from the Village.
I have previously expressed my concerns with the sidewalk passage. For the three members of the Board that don’t have sidewalks in front of their houses, perhaps you should talk to residents that live on one of the many hills in the Village. The sidewalks move and buckle constantly creating unsafe conditions. I am in violation of this in the properties I own as well as my residence.
If it is the intent of the Village Trustees to cause residents and businesses excessive costs and to collect fines, by all means pass Code 127. If it is the intent of the Village Trustees to follow suit with what the City of Albany has done, by all means pass Code 127. If is the intent of the Village Trustees to have lifelong Village residents, who might not be financially able to address a problem in a timely fashion, pay fines, by all means pass Code 127.
I think a better solution to the handful of properties that has prompted this excessive, overreaching and subjective legislation would be to impose a penalty in current codes, that would allow the Village to correct a wrong.
The goal of the Board of Trustees is service to the community. For this reason, the Mayor and Trustees should regard public hearings as serving more than just the objective of keeping local government business open to the public. Giving the public full opportunity to observe and participate in its own governance helps confirm accountability to its constituents. In addition, fairness in hearing procedures results in proper accord for the rights of all residents, a better airing of public opinion and community issues and ultimately greater public confidence in the decision process.
All that being said, I find it utterly deplorable that the Village Trustees would want to proceed to a vote, without allowing the residents a chance to see Code 127 up until the vote you have scheduled. With Village offices closed to the public and unable to see posting of Code 127and code 127 having been removed from the Village website, the purposeful misleading of the public by the Village Trustees is erroneous and in poor judgement.
The lack of transparency and hypocrisy of pushing through a code without it being available for residents to read is misleading and deceitful.
Anyone who votes in favor of this overreaching proposed code will have violated the open meeting law in New York by excluding the public from being able to observe the governmental process, specifically making materials available to be discussed.
Discussion followed
Hearing no further comments or question Mayor Grenier closed the public hearing at 6:28 P.M.
A motion was made by Trustee Marsh to accept the minutes of the January 18th, 2022 Board Meeting, 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
A motion was made by Trustee Harris to approve payment for the following, seconded by Trustee Marsh.
WARRANT # 17:
GENERAL totaling $139,096.06
WATER totaling $ 44,766.12
SEWER totaling $ 36,347.00
TOTALS $220,209.18
PAYROLL # totaling $99,555.43
(01/14/22 – 02/27/22)
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
The Treasurer request a resolution to Amend the following Expenditure accounts as noted, to cover the COVID 19 Stipends paid on PR#17 dated 1/13/2022 Total $36,500:
A.1110.0103 – Clerk to the Justices $1,000.00
A.1325.0100 – Village Clerk $1,000.00
A.1410.0100 – Admin. Clerk $1,000.00
A.1410.0156 – Treasurer $ 500.00
A.1410.0157 – Deputy Clerk/Treasurer $1,000.00
A.1670.0100 – Activities $ 500.00
A.3120.0101 – Police Chief $1,500.00
A.3120.0102 – Supervisor $4,500.00
A.3120.0103 – Full Time Patrol $8,000.00
A.3120.0104 – Part Time Patrol $2,500.00
A.3120.0151 – Telecommunicator F/T $2,000.00
A.3120.0152 – Telecommunicator P/T $3,000.00
A.3620.0101 – Bldg Inspector P/T $ 500.00
A.5110.0101 – Street Foreman $1,000.00
A.5110.0102 – Street Sub Foreman $1,000.00
A.5110.0103 – Street Laborers $3,000.00
A.8140.0161 – PT MS-4 Officer $ 500.00
A.8160.0103 – Refuse Laborers $3.000.00
F.8320.0103 – Water Laborers $1,000.00
Trustee Marsh made a motion to approve the Budget Amendment to cover COVID 19 Stipends paid on PR#17 dated 1/13/2022 Total $36,500 and to use the ARPA funds, 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
The Clerk and Eric Johnson explained the reason for the change order for sewer frame adjustments:
Chazen reviewed the invoice from Chip Kronau Construction by checking as constructed field quantities. We find that the invoice represents the work completed.
The price increase summary is as follows:
- 13 manholes were shimmed compared to the 10 estimated and included in the bid form. Cost increase of $6,057.
- 149.50 square feet of additional asphalt removal/replacement was directed compared to the 50 estimated and included in the bid form. We understand that Kronau was directed to remove/replace some asphalt on Park Drive that was not associated with manhole shimming. Cost increase of $4,079.50.
- 1 manhole frame was removed and reset compared to the 2 estimated and included in the bid form. Cost decrease of $3,021.
Kronau’s original bid price was $28,282. The net effect of the changes above result in a cost increase of $7,115.50. Kronau’s final bill is $35,397.50.
Discussion followed.
Trustee Marsh made a motion to approve the change order for Resolution Number: 210044,
For the work completed for Sewer Frame adjustments at a cost of $7,115.50, second by Trustee Foley.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
Mayor Grenier led a discussion regarding CDTA Bike Share Program.
Mayor Grenier led a discussion to enter into a agreement with CDTA for a Bike Share Program along Watervliet ad Green Island.
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CAPITAL DISTRICT TRANSPORTATION AUTHORITY AND THE VILLAGE OF MENANDS
REGARDING ROLES AND RESPONSIBILITIES FOR ONGOING CDPHP CYCLE! BIKE SHARING OPERATIONS
THIS AGREEMENT is made between CAPITAL DISTRICT TRANSPORTATION AUTHORITY (hereinafter “CDTA”) and the VILLAGE OF MENANDS (hereinafter “MENANDS”), (collectively, “Parties”).
WHEREAS, CDTA has been operating CDPHP Cycle!, the Capital Region’s bike-share program, for five seasons in partnership with other municipalities
WHEREAS, CDTA and MENANDS believe creating bicycle-friendly, transit-oriented environments will improve the health and quality of life within communities, while also improving their economic vitality. Both entities understand the connection between bicycle sharing systems and reduced traffic congestion, easier access to local businesses, increased appeal to community members to avoid purchasing new cars, along with reducing wear and tear of city infrastructure,
WHEREAS, CDTA, in partnership with the Village of Menands, the City of Watervliet, the Village of Green Island, and the Residential and Commercial Development on Starbuck Island will create a new unified riding areas within the network covering each entity,
WHEREAS, CDTA has contracted with Mobility Cloud (“CLOUD”) to operate the bike-share system and continues to work with them to operate this transportation option.
WHEREAS, MOBLITY CLOUD will be responsible for the insurance liability in addition to a waiver agreed upon by all users prior to riding,
THEREFORE, both parties mutually agree to proceed as follows if the project is selected for funding:
- MENANDS will reimburse CDTA for operating costs totaling the amount of $5,000 annually by the end of each season’s calendar year. This agreement will be in place for the 2022 and 2023 riding seasons. Term agreements and renewal to be discussed at the conclusion of the 2023 riding season.
- CDTA to provide a minimum of 1-2 Cycle! rack stations per partner along with a minimum of 25 bikes through the proposed riding area.
- MENANDS agrees to partake in all siting, planning, and operations discussions with CDTA and, Mobility Cloud, regarding the bikeshare program and its operation.
- At the option of MENANDS, this agreement may be terminated via written notice to CDTA within 60 days at the conclusion of each riding season.
CAPITAL DISTRICT TRANSPORTATION AUTHORITY
By: _________________________
Carm Basile, CEO
Dated: ______________________
VILLAGE OF MENANDS
By: ________________________
Megan Grenier, Mayor
Dated: ______________________
Trustee Lane made a motion to approve to enter into an agreement with CDTA for the Bike Share Program and authorize Mayor Grenier to sign the agreement, second by Trustee Harris.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
Chief Ryan St Gelais led a discussion regard the Agreement to use the Town of Colonies’ Range.
Agreement for Use of Town of Colonie
Police Range and Training Facility
THIS AGREEMENT is made and entered into on this day of, 2022, by and between the Town of Colonie, a municipal corporation of the State of New York, having its principal offices located at Memorial Town Hall, 534 New Loudon Road, Latham, New York (hereinafter referred to as “The Town”), and the Village of Menands, a governmental entity having its principal offices located at 250 Broadway, Menands, NY 12204 , (hereinafter referred to as “User”).
WHEREAS, the Town is the owner of the Town of Colonie Police Range and Training Facility, Onderdonk Road, Town of Colonie, Albany County, New York; and
WHEREAS, User desires to use all or a portion of such Range and Training Facility for conducting training of its law enforcement personnel, and the User has agreed to provide the necessary funds, expertise, manpower, equipment and materials to operate, insure and protect such site, all at no cost, risk or expense to the Town; and
WHEREAS, the Town of Colonie authorizes use of its Range and Training Facility as a benefit to selected law enforcement agencies in the furtherance of public safety.
IT IS, THEREFORE agreed as follows:
l . The term of this agreement shall commence on January l , 2022, and shall expire at 12:00 PM on December 31, 2023. Individual dates and locations of usage will be determined and scheduled through the Colonie Police Department Staff Services Division at (518) 782-2619.
2. The Town hereby allows User to utilize the Town of Colonie Police Range and Training Facility (“Facility”). The Facility currently is comprised of a rifle and pistol range, obstacle course, classroom, pavilion, garage and storage shed, but the Town Police Department, through its Staff Services Division, may restrict the portions of the Facility which may be utilized by User.
3. User agrees to indemnify, defend and hold harmless the Town and its officers and employees from and against any and all claims, suits, actions, cost and expense (including reasonable attorneys’ fees), involving injury to person or property arising out of the use of the Facility.
4. User shall provide proof of comprehensive general liability insurance coverage during the entire term of this Agreement, as follows: Bodily Injury & Property Damage in the amount of One Million Dollars ($1,000,000) for each occurrence and Two Million Dollars ($2,000,000) annual aggregate naming the “Town of Colonie, 534 Loudon Road, Latham, NY 12110” as an additional insured. Alternatively, if the User is self-insured, User may provide a letter on User’s letterhead addressed to the Town of Colonie stating that User is currently self-insured for general liability and the letter is being submitted as evidence of User’s intent to pay its legal obligations for meritorious general liability claims made against it. Additionally, User shall provide Workers’ Compensation and Employees Liability Insurance providing protection for employees of User in the event of job-related injuries.
5. The Town of Colonie shall not be responsible for any amounts paid or due as benefits to any officer(s) and/or employee(s) of User due to personal injury or death occurring during the use of the Facility. It is mutually understood that the User and Town of Colonie shall be responsible for payment of benefits, including workers’ compensation, General Municipal Law 207(c) and comparable benefits, to only their own respective officers and employees.
6. User agrees that it has inspected the Facility and finds it to be acceptable for the purposes and use intended.
7. As part of the rights and obligations of User to indemnify, defend and hold-harmless the Town, User shall promptly notify the Town of any act or occurrence involving losses, damages, expenses or demands, indemnified against in this Agreement. All such notices must be in writing and must be sent to the Town at the following address:
Town of Colonie Town Attorney’s Office
Memorial Town Hall
534 New Loudon Road
Latham, New York, 12110
Each notice is deemed to have been properly served if personally delivered or deposited into the United States Mail, with proper postage.
8. User understands and agrees it must provide its own ammunition, target backers and targets when utilizing the range. Any such target backers will be left at the range and may be used by Town police personnel. Upon the completion of each usage, User will ensure the facilities are in the same condition as when they began.
9. The Town retains an unconditional right of entry and may cancel any scheduled dates of use of the Facility upon notice to User or terminate this Agreement upon written notice to the User at the address set forth above.
10. The User agrees to pay the Town an annual maintenance fee of Five Hundred Dollars ($500.00) on or before April 30th of each year to assist with the costs of maintaining and repairing the Facility. If the maintenance fee is not paid, the User shall not be permitted to use the Facility during the calendar year in which the fee remains unpaid.
IN WITNESS WHEREOF, the parties have executed this Agreement the date and year
Town of Colonie Village of Menands
By: By:
above written.
Peter G. Crummey
Town Supervisor Name:
Date:
Date:
Trustee Marsh made a motion to approve the Agreement for the of Town of Colonie Police Range and Training Facility, second by Trustee Foley.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
Chief Steurer led a discussion regard 2021 LOSAP Program for the Fire Department. Chief Steurer has reviewed the point for the year 2021 and is asking permission to post them for 30 days.
Trustee Marsh made a motion to approve the Posting of the Fire Departments LOSAP points for 30 days, second by Trustee Harris.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
Chief Steurer is requesting 3 sets of Turnout Gear that was budgeted for at a cost of $13,302.62.
Trustee Marsh made a motion to approve the purchase of 3 sets of turnout gear from MES under state contract at a cost of $13,302.63, second by Trustee Foley.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
Chief Steurer asked the Board to approve a new Junior Member for Fire Department. During the January meeting Tobias Wasserman was approved for Junior membership and has completed all background checks.
Trustee Marsh made motion to approve Tobias Wasserman as a Junior Firefighter for the Menands Fire Department, second by Harris.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
Chief Steurer asked to if the Village would be able to contact the State or Federal Government regarding the Volunteer Fire Department not being eligible to receive The COVID Stipend. Mayor Grenier advised Chief Steurer that she attempted and she was turned down.
Mayor Grenier and Deputy Clerk / Treasurer Ognan led a discussion regarding water meters standardization.
After a discussion
Trustee Marsh proposed the following resolution:
WHEREAS, the Village of Menands Water Department intends to convert the existing manually read water meters presently in use throughout the Village to automatic radio read water meters for reasons of efficiency, proven reliability, and economy. The Village is desirous of standardizing all water meters, commercial and residential, throughout the Village with Neptune water meters, and
WHEREAS, the standardization will promote efficiency and save money on the maintenance work requiring less labor time, and
WHEREAS, only the newly installed, upgraded, and retrofitted Neptune brand meters will be compatible with the current Neptune Automated Read Software, also compatible with the Village’s present utility billing software; and
WHEREAS, the proprietary nature of the radio read meters and software make it unable to use radio read meters manufactured by another company so that it becomes necessary for the Village to install only one brand of meters and endpoints; and
NOW, THEREFORE, pursuant to NYS Municipal Law Section 103(5), the Village Board of Trustees resolves that for reasons of efficiency, proven reliability, and economy, the Village shall hereafter only install Neptune radio read meters, retrofit partially compatible Neptune meters, or completely upgrade the meter so that all shall hereafter be compatible with the Village’s current software.
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
Mayor Grenier advised the Board that Stormwater Coalition of Albany County requesting representatives to serve on the Board.
Trustee Lane made a motion to approve Paul Reuss and Lyle Darmetko has alternate to act has representative to the Stormwater Collation of Albany County, second by Trustee Harris.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
Chief St Gelais advised the Board he would like to amend a Police Department policy regarding visible to tattoos.
While on-duty or representing the Menands Police Department in any official capacity, at no time while on-duty or representing the Department in any official capacity shall any offensive tattoo or body art be visible. Examples of offensive tattoos include, but are not limited to, those that exhibit or advocate discrimination against sex, race, religion, ethnicity, national origin, sexual orientation, age, physical or mental disability, medical condition or marital status; those that exhibit gang, supremacist or extremist group affiliation; and those that depict or promote drug use, sexually explicit acts or other obscene material. No visible facial, neck or hand tattoos are allowed.
Discussion followed
After discussion Trustee Marsh made a motion to approve the amendment to the tattoo policy for the Menands Police Department, second Trustee Lane.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
Mayor Grenier read the following comments from Bill Garvey:
Memorandum 02/06/22
TO: All Menands Village Board Members
FROM: Bill Garvey Jr.
I got letters of importance and concern.
1) He wants to congratulate Ryan St Gelais on his promotion to Chief
2) He thanked the Mayor & Board for the Sympathy Card on his mom’s passing
3) He thanked DPW for install a reflector on fire hydrant by Stewarts
4) On 1/12/22 he removed a Christmas tree from the road
5) Commented on a vapor lamp being replaced on Broadway
6) He’s glade the Board denied the Special Use Permit for 5 Elmwood Road
He doesn’t feel this is the best area for an apartment building, it should be turned into some commercial use.
Thank you for your time and consideration.
Yours sincerely
Bill Garver Jr.
The Clerk advised the Board that the contract for the copiers in up in April and he will be requesting proposals for new copiers.
Intern Isabel Smrstik gave the following Economic Development report:
• Update on the CGI Video
• Update on Summer Food Truck Festival
• Stqry App
• Summary of Meet & Greet
Mayor Grenier stated it is unsure that the Governor is going to extend the Executive order regarding allowing video meetings. More than likely the next meeting will be in person.
Trustee Harris advised the Board the Owl Pro video conference camera system to stream Village Board Meetings. Discussion followed.
A motion was made by Trustee Harris to adjourn, 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
The meeting was duly adjourned at 7:34 P.M.
Donald Handerhan
Village Clerk