At 6:00 PM on Tuesday, January 18, 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, Lisa Neuman. 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, Village Attorney Steve Rehfuss, absent, Chief St. Gelais, 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.
Resolution Number 220008:
A motion was made by Trustee Harris to accept the minutes of the January 3rd, 2022 Board Meeting, 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
Resolution Number 220009:
A motion was made by Trustee Marsh to approve payment for the following, seconded by Trustee Harris.
WARRANT # 16:
The following check was voided due to duplication:
#12607 dated 12/20/21 Witmer Public Safety Group $402.47
GENERAL totaling $ 60,891.33
WATER totaling $266,240.85
SEWER totaling $ 4,103.37
TOTALS $331,235.55
PAYROLL # 18: totaling $132,831.08
(12/31/21 – 01/13/22)
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
Resolution Number 220010:
There was a discussion regarding an incorrect usage for 19 Hutton Street. It was discovered there was a software error with importing the reading, resulting in an incorrect usage. Trustee Marsh offered, seconded by Trustee Harris the following resolutions:
WHEREAS, Water and Sewer Account # 51-477-0 for 19 Hutton Street water charges were based on incorrect usage. Now therefore, be it
RESOLVED, that a total of $821.80 from Water will be adjusted off 19 Hutton Streets current bill, and be it further
RESOLVED, that a total of $369.79 from Sewer will be adjusted off 19 Hutton Streets current bill.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
Trustee Lane led a discussion regarding Property Maintenance Code 127.
Chapter 127
Property Maintenance
[Draft for final review 1-12-22]
§127-1 Legislative intent.
It is the intent of the Village Board of the Village of Menands under this chapter to ensure both Residential and Business premises shall be maintained in conformity with the provisions of the code so as to assure the desirable aesthetic of the community and to improve the quality of life and the character of the Village of Menands. The Village will adhere to the Property Maintenance Code of New York State’s Uniform Code. It is the intent of the Village of Menands that all commercial and residential structures shall be maintained in a manner that will ensure occupants health and safety and ensure that any structure is not negatively impacting the surrounding community.
§127-2 Responsibility to maintain property.
All property owners or persons owning, occupant (renter or lessee) or otherwise having control of property within the Village of Menands shall at all times maintain the structure and the surrounding property and adjoining public ways. Owners, occupants or other responsible entities found not to be maintaining them free of litter, excessive accumulation of refuse, garbage, brush, waste, and/or any hazardous materials, junked vehicles, equipment, debris, or rubbish (including but not limited to: paper, plastics, metals, tires, construction material, electronics, fill, etc.) that would create an unsafe, unkempt or deleterious appearance which creates an undesirable public nuisance or is otherwise unsafe, hazardous or threatens the public health shall be a violation under this section.
§127-3 Authority of the Code Enforcement Officer.
The Code Enforcement Officer is authorized to identify violations and investigate complaints. Upon receiving a complaint, or noting a violation of this code, the Code Enforcement Officer shall be authorized to inspect the entire exterior of the property, or properties, within three business days of the complaint. Following an inspection of the property, the Code Enforcement Officer of the Village of Menands shall notify the property owner and/or person(s) occupying or entities having control of the property, as hereinafter provided, of any conditions on the property or sidewalk violating the provisions of this chapter and require compliance within five (5) calendar days from the date such notice was mailed or within three calendar days of personal service of such notice if said notice is personally served upon the property owner, or authorized agent, person or other responsible entity in control of the property.
§127-5 Maintenance requirements for structure exteriors.
The Code Enforcement Officer may assess a violation when it is determined that the structure is in violation of the provisions as provided in Section §304 of the NYS Property Maintenance Code.
§127-6 Driveways and Sidewalks.
Driveways and sidewalks adjoining the property and under the control of the owner must be maintained in a proper state of repair and free of deterioration resulting in a hazardous condition.
§127-7 Action by the Village; Notice of Violation costs of abatement.
1) All notices issued hereunder to restrain, or correct, any violation or to enforce compliance with any provision or requirement may be served on behalf of the Village of Menands, by the Village Clerk, via USPS.
a) The code enforcement officer may first issue a notice of complaint to the property owner, renter, lease holder, entity, or person(s) having control of the property detailing the complaint and listing the violation(s) which must be addressed, the timeframe for correction and the steps that may be taken to address and remedy the condition. In the event the condition has not been remedied in the established timeframe and no contact has been established by the property owner, renter, etc., the code enforcement officer may submit the violations to the Village Clerk for submission of an order by the Menands Village Board under Chapter 64-1 of the Village Code.
b) Delivering to and leaving a copy of the same with any person or persons owning, occupying, otherwise in control or who may be liable.
c) By registered or certified mail to the most current address on file of this Code, if any; or
d) If no address is on file, to the most current address on file in the Village of Menands Office.
e) If such person or persons cannot be served by any of the aforesaid methods, after diligent search shall have been made for such person or persons, then such notice may be served by posting the same in a conspicuous place upon the premises where such violation is alleged to exist, or to which such notice may refer, which shall be equivalent to personal service of said notice upon all parties for whom such search shall have been made; or
f) By any other method of service authorized pursuant to Article 3 of the Civil Practice Law and Rules.
2) Notice by mail to owners, occupying tenants or lessees, and owners residing out of state. If the person or persons or any of them to whom said notice is directed do not reside in the State of New York and have no known place of business therein, the notice may be served by delivering to, and leaving with, such person or persons, or either of them, a copy of said notice, or if said person or persons cannot be found within said state after diligent search, then by posting a copy of the same in the manner as aforesaid and at their last known place of residence; and said posting and mailing a copy of said notice shall be equivalent to personal service of said notice.
§127-8 Hearing.
The notice required herein shall indicate that a request for a hearing may be made by the owner of the property alleged to be in violation, which must be made and received by the Code Enforcement Officer before the expiration of the five-day period. Such request must either be delivered personally to the Village of Menands or mailed by certified mail to the Code Enforcement Officer, or Court Clerk. Upon such request duly made and received, a hearing will be held before the Menands Village Court at a time, date and place set by written notice sent to the owner by regular mail. The hearing shall be held within seven calendar days following receipt of the request and at least two days’ notice of the hearing shall be given to the owner. The owner or owner’s agent shall be given an opportunity to present evidence and be heard during the hearing. Within five days of the conclusion of the hearing, the notice shall be affirmed, amended, modified, or rescinded.
§127-9 Costs of Abatement.
(1) If the owner or person upon whom notice was made fails, neglects or otherwise refuses to timely comply with such notice or fails to attend a hearing scheduled pursuant to Subsection 127-8, any duly authorized employee of the Village or contractor hired by the Village shall be authorized to enter the property in violation and shall cause the premises to be put in such condition to correct the violation(s) cited and comply with the provisions of this chapter; the costs of which, together with a 25% surcharge for inspection, structural engineering, and/or other administrative costs in connection therewith, shall be certified and filed with the Village Treasurer who shall render a bill to the owner and/or the responsible person, party or legal entity which pays the taxes on the building, lot or parcel of land for payment.
(2) The aforesaid charges, if unpaid for 20 days, shall become a lien upon said property and shall be added to, become and form a part of the taxes to be next assessed and levied upon such parcel, shall bear interest at the same rate as the annual tax rate and shall be collected and enforced in the same manner as village property taxes.
(3) The assessment of the cost for the work done by the Village upon the property involved shall be in addition to the penalties imposed herein for any violation or noncompliance with any provision of this chapter, and the Village may initiate legal proceedings against such person, party or legal entity to recover all such costs.
(4) No costs assessed for abatement work completed by the Village of Menands or any contractor hired to do such work, herein shall be added to the tax bill nor shall any legal action be instituted by the Village to recover such costs until the owner or other persons to be charged have been afforded an opportunity to be heard at a hearing convened by the Code Enforcement Officer in accordance with rules promulgated by the Code Enforcement Officer.
§127-10 Rules and regulations.
The Code Enforcement Officer is hereby authorized to promulgate rules and regulations not inconsistent with the provisions of this article and necessary to effectuate the same.
§127-11 Appeal.
Any person or persons aggrieved by a decision of the Code Enforcement Officer may file an administrative appeal with the Board of Trustees in the manner and thereafter in accordance with the provisions of Article 78 of the New York Civil Practice Law and Rules.
§127-12 Penalties for offenses.
Any person or entity who is found guilty in violation as defined in this article shall be punishable by a fine which shall not exceed $1,000. Unpaid fines and costs of enforcement, abatement, court costs and legal fees, may be imposed as liens upon the property by the Village of Menands.
Resolution Number 220011:
Trustee Lane made a motion to hold a Public Hearing on February 7th, 2022 at 6:00 PM to hear public comments regarding adding Chapter 127 Property Maintenance to the Village of Menands Code, 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
Mayor Grenier read updates for 45 Broadway and 33 Glenwood Road from Code Enforcement Officer Lyle Darmetko.
45 Broadway: Code Enforcement Officer Darmetko, spoke with John Dow of Cranesville block who is heading and acting as the project manager. They have been in contact with National Grid and are waiting for a confirmation of the disconnects of the Gas and Electric going to the property. Part of the Demolition permit process is to have “Proof of Disconnections” to the building which is usually a formal narrative from whomever did the work.
John has all the other documentation ready to submit to the Village once he gets the mandated “Proof of Disconnect” from National Grid. Cranesville has a contractor lined up to do the work following the issuance of the demo permit.
33 Glenwood: Code Enforcement Officer Darmetko has not seen or heard anything from 33 Glenwood. Code Enforcement Officer Darmetko has been there a few times and has not seen any indication of the home being occupied. Code Enforcement Officer Darmetko will go to Glenwood and take a closer look.
A discussion followed.
The Clerk advised the Board that he received a letter from the Fire Company regarding a new member Jonathan Dudley. Jonathan has completed the background check.
MENANDS FIRE COMPANY #1
‘”Pride of the ‘Valley”
250 Broadway
Menands, NY 12204
Mr. Donald Handerhan
Village Clerk
Village of Menands
280 Broadway
Menands, NY 12204
Dear Mr. Handerhan,
Please be advised that upon the recommendation of the Chief, Mr. Johnathan Dudley has had his designation in the Menands Fire Co. #1 changed from Associate to Active Membership. Mr. Dudley has passed the required background check and all other Department requirements.
Please notify the Village Board of this change at the next meeting.
Paul DeDominicis
Secretary
Menands Fire Company #1
CC: Chief Steurer
President Mackay
Resolution Number 220012:
Trustee Marsh made a motion to approve Jonathan Dudley to active membership to the Menands Fire Department, 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
Intern Isabel Smrstik give the following Economic Development Intern’s Report:
A Meet and Greet is set for February 7th from 5 – 6 PM via Google Meets. This will be posted on the website, Facebook Page and in the Activities.
Downtown Revitalization initiative update contacted Troy, Tannersville, Massena and Oneonta. Outside application assistance is helpful. Applications usually come out in May. A meeting with Chazen Companies is set up for assistance with the application.
CGI Video Agreement and letter of introduction have been sent to CGI. Trustee Harris and Isabel have been meeting with CGI Coordinator.
The Food Truck Festival update. There is a lot of interest but no commitments yet. Isabel made contact with 431 Broadway for the possibility of holding the event there, waiting for permission. A second location will be Ganser Smith Park.
Mayor Grenier read the following comments from Bill Garvey
TO: All Menands Village Board Members
FROM: Bill Garvey, Jr.
I got important letters of concern and importance they are:
1) On 11/25/21 one vapor lamp is not being lite at night between Menand + Clifford Roads.
2) 12/5/21 he reported a mattress next to the fire hydrant on Glenwood Road.
3) He observed a hydrant on Broadway that does not have a red/white reflector stick.
4) 12/11/21 while at the library he moved boxes + plastic files blocking 2 fire extinguishers.
5) He wants to thank the Code Enforcement Officer & Village Engineer for inspecting Crainsville block. He agrees this building should be demolished.
6) He questioned one of the buildings at Menands Farmers Market had been vacated but was informed there is a new tenant.
Thank you for your time and consideration.
Yours sincerely
Bill Garvey Jr.
A motion was made by Trustee Harris to adjourn, 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 meeting was duly adjourned at 6:20 PM
_____________________________
Donald Handerhan
Village Clerk