The Annual Organizational Meeting and semi-monthly Meeting of the Board of Trustees of the Village of Menands, was held on the 6th day of July 2021 in the Municipal Building, Menands, New York. Mayor Megan Grenier called the meeting to order at 5:00 P.M.
PRESENT:
Megan Grenier, Mayor
Diane Foley, Trustee
Seth H. Harris, Trustee
Timothy Lane, Trustee
Brian Marsh, Trustee
Nicole Ognan, Deputy Clerk-Treasurer
William T. Smith, Jr., Treasurer
ABSENT:
Don Handerhan, Village Clerk
Stephen Rehfuss, Village Attorney
Also attending: Bill Garvey, Paul Cooney, Sylvia Wendell
The Mayor led the Pledge of Allegiance.
The Deputy Clerk advised that Trustee Seth Harris, Trustee Timothy Lane and Village Justice, Christpher Flint had taken and subscribed their respective oaths of office and had executed the usual affidavit of their offices and that the same had been duly filed by Clerk Handerhan.
Mayor Grenier appointed Trustee Seth Harris as Deputy Mayor to act as such in her place and stead during her absence or inability to act and is vested with all powers and may perform all the duties of the mayor, pursuant to Section 4-400 of the Village Law.
Resolution Number 220001:
Mayor Grenier reappointed Stephen J. Rehfuss, Esquire as Village Attorney for the ensuing official year. In his absence, someone from The Rehfuss Law Firm shall act on his behalf.
Trustee Foley offered the following resolution and moved its adoption:
RESOLVED, that the reappointment by Mayor Grenier of Stephen J. Rehfuss, Esquire as Village Attorney for the ensuing official year be, and hereby is approved; and be it further
RESOLVED, that the legal services and proceedings for the issuance of bonds, abstracts of title and any litigated matters shall be considered extra services, compensation for which shall be determined and audited by the Board of Trustees.
The resolution was duly 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
Resolution Number 220002:
Mayor Grenier reappointed William T. Smith, Jr. as Treasurer for the Village of Menands.
Trustee Lane offered the following resolution and moved its adoption:
RESOLVED, that the reappointment by Mayor Grenier of William T. Smith, Jr. as Village Treasurer for the ensuing official year be, and hereby is approved.
The resolution was duly second by Trustee Marsh.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
Resolution Number 220003:
Mayor Grenier appointed Christopher Flint as the Appeals Officer for Freedom of Information requests.
Trustee Marsh offered the follow resolution and moved its adoption:
RESOLVED, that the appointment by Mayor Grenier of Christopher Flint as the Appeals Officer for Freedom of Information request for the ensuing official year be, and hereby is approved.
The resolution was duly 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 220004:
Mayor Grenier reappointed Robert Becher as Associate Village Justice for the ensuing official year.
Trustee Harris
offered the following resolution and moved its adoption:
RESOLVED, that the reappointment by Mayor Grenier of Robert Becher as Associate Village Justice for the ensuing official year be, and hereby is approved.
The resolution was duly 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 220005:
Mayor Grenier reappointed John Bassett to the Zoning Board of Appeals for a three-year term ending the 2nd, day of July 2024.
Trustee Foley offered the following resolution and moved it adoption:
WHEREAS, the Zoning Board of Appeals of this Village was established by Local Law No. 1 of 1976, and
WHEREAS, this Board has approved the appointment of the several members thereof, and
NOW THEREFORE, be it
RESOLVED, that the reappointment by Mayor Grenier of John Bassett to the Zoning Board of Appeals of the Village of Menands be, and it hereby is, approved for the term ending July 2nd, 2024, and be further
RESOLVED, that the Village Clerk be, and he hereby is, directed to notify the aforesaid citizen of his appointment.
The resolution was duly 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
Resolution Number 220006:
Mayor Grenier reappointed Danielle Freeman as alternate to the Zoning Board of Appeals for a one-year term ending the 5th day of July 2022.
Trustee Marsh offered the following resolution and moved it adoption:
WHEREAS, the Zoning Board of Appeals of this Village was established by Local Law No. 1 of 1976, and
WHEREAS, this Board has approved the appointment of the several members thereof, and
NOW THEREFORE, be it
RESOLVED, that the reappointment by Mayor Grenier of Danielle Freeman as alternate to the Zoning Board of Appeals of the Village of Menands be, and it hereby is, approved for the term ending July 5th, 2022, and be further
RESOLVED, that the Village Clerk be, and he hereby is, directed to notify the aforesaid citizen of her appointment.
The resolution was duly 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 220007:
Mayor Grenier reappointed John Bassett as Chairman of the Zoning Board of Appeals for the ensuing official year.
Trustee Lane offered the following resolution and moved its adoption:
WHEREAS, the Zoning Board of Appeals of this Village was established by Local Law No. 1 of 1976, and
WHEREAS, this Board has approved the appointment of the several members thereof, and
THEREFORE, be it
RESOLVED, that the reappointment by Mayor Grenier of John Bassett as Chairman of the Zoning Board of Appeals of the Village of Menands be, and it hereby is, approved for a term ending July 5th, 2022 and be it further
RESOLVED, that Donald Handerhan the Village Clerk be, and he hereby is, directed to notify the aforesaid citizen of his appointment.
The resolution was duly 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
Resolution Number 220008:
Mayor Grenier reappointed Kevin Franklin as Historian of the Village of Menands for the ensuing official year.
Trustee Marsh offered the following resolution and moved it adoption:
RESOLVED, that the reappointment by Mayor Grenier of Kevin Franklin as Historian of the Village of Menands for the ensuing official year be, and hereby is approved.
The resolution was duly 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:
Mayor Grenier reappointed Donald Handerhan as Registrar and reappointed Cheryl Lyon as Deputy Registrar of Vital Statistics for the Village of Menands, for the ensuing official year.
Trustee Harris offered the following resolution and moved its adoption.
RESOLVED, that the reappointment by Mayor Grenier of Donald Handerhan as Registrar and reappointed Cheryl Lyon as Deputy Registrar of Vital Statistics for the Village of Menands be, and hereby is approved.
The resolution was duly 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
Resolution Number 220010:
Trustee Marsh offered the following resolution and moved its adoption:
WHEREAS, there is to be held during the coming official year
a) New York State Conference of Mayors Annual Meeting and Training School;
b) New York State Conference of Mayors Fall Training School for Fiscal Officers and Municipal Clerks;
c) New York State Government Finance Officers Association Conference;
d) New York Conference of Mayors Public Works Training School;
e) American Water Works Association Conference (NYS Chapter);
f) SAMPO (NYS Association of Municipal Purchasing Officials) School;
g) NYS Magistrates Association Training School;
h) NYS Municipal Clerks Training School
i) And other conferences pertaining to the Chief of Police, Fire Chiefs, Building and Fire Inspectors;
WHEREAS, it is determined by the Board of Trustees that attendance by certain municipal officials and employees at one or more of these meetings, conferences or schools benefits the municipality, and that the expenses thereof shall be a Village charge;
NOW THEREFORE, be it
RESOLVED, that the following officers and employees are hereby authorized to attend one or more of the above-mentioned conferences or schools; Mayor, Trustees, Executive Assistant to the Mayor, Village Attorney, Village Clerk, Village Treasurer, Deputy Clerk / Treasurer, Chief of Police, Foreman of Department of Public Works and Department of Public Works Employees as directed, Building and Fire Inspectors and Fire Chiefs, Court Clerks and be it further
RESOLVED, that this resolution shall take effect immediately.
The resolution was duly 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
Resolution Number 220011:
Trustee Lane offered the following resolution and moved its adoption:
RESOLVED, that Key Bank, NA of Albany, NY and the Green County Commercial Bank; be and they hereby are, designated as the official depositories of the several funds of the Village of Menands for the ensuing official year; and be it further
RESOLVED, that the monies to be deposited in the fund known as the General Operating Fund of the Village of Menands be deposited in Key Bank, N.A. of Albany, NY; and be it further
RESOLVED, that the monies to be deposited in the fund known as the General Fund Savings of the Village of Menands be deposited in Key Bank, N.A. of Albany, NY; and be it further
RESOLVED, that the monies to be deposited in the fund known as the Water Fund Savings of the Village of Menands be deposited in Key Bank, N.A. of Albany, NY; and be it further
RESOLVED, that the monies to be deposited in the fund known as the Sewer Fund Savings of the Village of Menands be deposited in Key Bank, N.A. of Albany, NY; and be it further
RESOLVED, that the monies to be deposited in the fund known as the Equipment Savings of the Village of Menands be deposited in Key Bank, N.A. of Albany, NY; and be it further
RESOLVED, that the monies to be deposited in the fund known as the Fire Equipment Savings of the Village of Menands be deposited in Key Bank, N.A. of Albany, NY; and be it further
RESOLVED, that the monies to be deposited in the fund known as the Park Improvement Funds of the Village of Menands be deposited in Key Bank, N.A. of Albany, NY; and be it further
RESOLVED, that the monies to be deposited in the fund known as the Developer Escrow Account of the Village of Menands be deposited in Key Bank, N.A. of Albany, NY; and be further
RESOLVED, that the monies to be deposited in the fund known as the Vehicle Savings of the Village of Menands be deposited in Key Bank, N.A. of Albany, NY; and be it further
RESOLVED, that the monies to be deposited in the fund known as the State Asset Forfeiture Account of the Village of Menands be deposited in Key Bank, N.A. of Albany, NY; and be it further
RESOLVED, that the monies to be deposited in the fund known as the Federal Asset Forfeiture Account of the Village of Menands be deposited in Key Bank, N.A. of Albany, NY; and be it further
RESOLVED, that the monies to be deposited in the fund known as the Police Holding Account of the Village of Menands be deposited in Key Bank, N.A. of Albany, NY; and be it further
RESOLVED, that the monies to be deposited in the fund known as the Men’s Service Flag account of the Village of Menands be deposited in Key Bank, N.A. of Albany, NY; and be it further
RESOLVED, that the monies to be deposited in the fund known as the Payroll – Trust and Agency Account of the Village of Menands be deposited in Key Bank, N.A. of Albany, NY; and be it further
RESOLVED, that the Green County Commercial Bank as an authorized depository for Village Funds, when needed; and be it further
RESOLVED, that all checks and/or orders of withdrawal from the said depository on the aforesaid funds, with the exception of the Payroll – Trust and Agency Account, shall be signed by the Village Treasurer and either the Mayor or Deputy Mayor or, in the absence of Mayor or Deputy Mayor, by the Trustee designee by the mayor.
The resolution was duly 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
Resolution Number 220012:
Trustee Foley offer the following resolution and move its adoption:
WHEREAS, the Board may authorize reimbursement of automobile expenses to officers and employees of the Village who use their personal automobiles while performing their official duties on behalf of the Village;
NOW THEREFORE, be it
RESOLVED, that such reimbursement hereafter be made at the rate set forth by the IRS to such personnel when they incur such expense, unless otherwise negotiated in a collective bargaining agreement, and be it further
RESOLVED, that when properly authorized, the same be paid upon audit by the Board of Trustees.
The resolution was 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
Resolution Number 220013:
Trustee Harris offered the following resolution and moved its adoption:
RESOLVED, that the next Annual Organizational Meeting be held on Tuesday, July 5th, 2022 at 6:00 P.M. in the Municipal Building at 250 Broadway, Menands, NY.
The resolution was duly 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
Resolution Number 220014:
Trustee Foley offered the following resolution and moved its adoption:
RESOLVED, by the Board of Trustees of the Village of Menands that Records Retention and Disposition Schedule LGS-1, issued pursuant to Article 57-A of the Arts & Cultural Affairs Law, and continuing legal minimum retention periods for local government records, is hereby adopted for use by all officers in legally disposing of valueless records listed therein.
FURTHER RESOLVED, that in accordance with Article 57-A:
a. Only those records will be disposed of that are described in Records Retention and Disposition Schedule LGS-1 after they have met the minimum periods described therein.
b. Only those records will be disposed of that do not have sufficient administrative, fiscal, legal or historical value of merit retention beyond established legal minimum periods.
The resolution was duly 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
Resolution Number 220015:
Trustee Lane offered, following resolution and moved its adoption:
RESOLVED, that the regular meeting of the Board of Trustees of the Village of Menands shall be on the first and third Monday of each month during the ensuing official year, and in the event that the date of the regular meeting shall be a holiday, such meeting shall be held on the following day, and such meeting may be adjourned from time to time in the manner prescribed by law and shall be held at the Municipal Building in said Village at 6:00 P.M. or at such other place, or such other time as may hereafter be designated by the Board of Trustees.
The resolution was duly 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 220016:
Trustee Marsh offer the following resolution and move its adoption:
PROCUREMENT POLICY FOR THE VILLAGE OF MENANDS
1. Every purchase to be made must be initially reviewed to determine whether it is a purchase contract or a public works contract. Once that determination is made, a good faith effort will be made to determine whether it is known or can reasonably be expected that the aggregate amount to be spent on the item of supply or service is not subject to competitive bidding, taking into account past purchases and the competitive amount to be spent in a year. The following items are not subject to competitive bidding pursuant to Section 103 of the General Municipal Law; purchase contracts under $20,000 and public works contracts under $35,000; emergency purchases; certain municipal hospital purchases; goods purchased from agencies for the blind or severely handicapped; goods purchased from correctional institutions; purchases under State and county contracts; and surplus and second-hand purchases from another governmental entity.
The decision that a purchase is not subject to competitive bidding will be documented in writing by the individual making the purchase. This documentation may include written or verbal quotes from vendors, a memo from the purchaser indicating how the decision was arrived at, a copy of the contract indicating the source which makes the item or service exempt, a memo from the purchaser detailing the circumstances which led to an emergency purchase, or any other written documentation that is appropriate.
2. All goods and services will be secured by use of written requests for proposals, written quotations, verbal quotations, or any other method that assures that goods will be purchased at the lowest price and that favoritism will be avoided, except in the following circumstances: purchase contracts over $20,000 and public works contracts over $35,000; goods purchased from agencies for the blind or severely handicapped pursuant to Section 175-b of the State Finance Law; goods purchased from correctional institutions pursuant to Section 186 of the Correction Law; purchases under State contracts pursuant to Section 104 of the General Municipal Law; purchases under county contacts pursuant to Section 103(3) of the General Municipal Law; or purchases pursuant to subdivision 6 of this policy:
3. The following method of purchase will be used when required by this policy in order to achieve the highest savings:
Estimated Amount of Purchase Contract Method
(Commodities, Equipment or Goods)
$1 – $1,000 At the discretion of the Department Head.
$1,001 – $3,000 2 Verbal quotations (documented)
$3,001 – $19,999 3 Written/fax quotations or written request for proposals
Estimated Amount of Public Works Projects, Contracts Method
$1 – $1,000 At the discretion of the Department Head.
$1,001 – $3,000 2 Verbal quotations (documented)
$3,001 – $5,000 2 Written/fax quotations or written request for proposals
$5,001 – $34,999 3 Written/fax quotations or written request for proposals
A good faith effort shall be made to obtain the required number of proposals or quotations. If the purchaser is unable to obtain the required number of proposals or quotations, the purchaser will document the attempt made at obtaining the proposals. In no event shall the failure to obtain the proposals be a bar to the procurement.
4. Documentation is required of each action taken in connection with each procurement.
5. Documentation and an explanation is required whenever a contract is awarded to other than the lowest responsible offer. This documentation will include an explanation of how the award will achieve savings or how the offer was not responsible. A determination that the offer is not responsible shall be made by the purchaser and may not be challenged under any circumstances.
6. Pursuant to General Municipal Law Section 104-b(2)(f), the procurement policy may contain circumstances when, or types of procurements for which, in the sole discretion of the governing body, the solicitation of alternative proposals or quotations will not be in the best interest of the municipality. In the following circumstances it may not be in the best interests of the Village of Menands to solicit quotations or document the basis for not accepting the lowest bid:
a. Professional services or services requiring special or technical skill, training or expertise. The individual or company must be chosen based on accountability, reliability, responsibility, skill, education and training, judgment, integrity and moral worth. These qualifications are not necessarily found in the individual or company that offers the lowest price and the nature of these services are such that they do not readily lend themselves to competitive procurement procedures.
In determining whether a service fits into this category, the Board of Trustees shall take into consideration the following guidelines; (a) whether the services are subject to State licensing or testing requirements; (b) whether substantial formal education or training is a necessary prerequisite to the performance of he services; and (c) whether the services require a personal relationship between the individual and municipal officials. Professional or technical services shall include but not be limited to the following: services of an attorney; services of a physician; technical services of an engineer engaged to prepare plans, maps and estimates; securing insurance coverage and/or services of an insurance broker; services of a certified public accountant; investment management services; printing services involving extensive writing, editing or art work; management of municipally owned property; and computer software or programming services for customized programs, or services involved in substantial modification and customizing of pre-packaged software.
b. Emergency purchases pursuant to Section 103(4) of the General Municipal Law. Due to the nature of this exception, these goods or services must be purchased immediately and a delay in order to seek alternate proposals may threaten the life, health, safety or welfare of the residents. This sect6ion does not preclude alternate proposals if time permits.
c. Purchases of surplus and second-hand goods from any source. If alternate proposals are required, the Village is precluded from purchasing surplus and second-hand goods at auctions or through specific advertised sources where the best prices are usually obtained. It is also difficult to try to compare prices of used goods and a lower price may indicate an older product.
d. Goods or services under $1,000. The time and documentation required to purchase through this policy may be more costly than the item itself and would therefore not be in the best interests of the taxpayer. In addition, it is not likely that such de minimis contracts would be awarded based on favoritism.
7. To ensure that this policy and budgets are being implemented, Village Department heads are required to meet with the Village treasurer at least quarterly.
8. The Village Board hereby adopts, by resolution, and pursuant to GML 103(5) that for reasons of efficiency and economy, there is a need for standardization and upon adoption of a resolution for a particular type or kind of equipment, material or supplies, may be not necessarily be awarded to the lowest responsible bidder.
9. Will be reviewed annually.
The resolution was duly 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
Mayor Grenier requested that the Board assign their liaison duties to the following:
Trustee Harris
BLDG DEPT/CODE ENF Lyle Darmetko
PARKS/BEAUTIFICATION Dianne MacFarland
Trustee Foley
FIRE DEPT Chief Michael Steurer
FIRE CO. President Mike Mackay
Trustee Marsh
POLICE DEPT. Chief Frank Lacosse
DPW Foreman Mike Hagmann
Trustee Lane
COURT Justice Chris Flint
SENIORS Diane Leonard
Mayor Grenier
HISTORIAN Kevin Franklin
YOUTH Brianna Coughlin
MS-4 Paul Reuss
The mayor stated that the following have agreed to continue in the following capacities:
Mayor Grenier & Trustee Marsh Economic Development
Brianna Coughlin Part Time Youth Program
Lyle Darmetko Part Time Code Enforcement /Building Inspector
Dianne MacFarland Part Time Gardner
Paul Reuss MS-4 Officer
The mayor advised the Trustees that the 96th Annual Picnic is scheduled for Wednesday, August 18th, 2021, (rain date Thursday, August 19th).
Trustee Harris made a motion to accept the minutes of the June 21st, 2021 Board Meeting, seconded by Trustee Marsh.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting ABSTAINED
Trustee Marsh voting AYE
Mayor Grenier voting AYE
A motion was made by Trustee Foley to approve payment for the following, seconded by Trustee Marsh.
WARRANT # 3:
GENERAL totaling $107,692.45
WATER totaling $188,732.32
SEWER totaling $ 21,474.73
TOTALS $317,899.50
PAYROLL #3: totaling $ 92,054.52
(06/18/21-07/01/21)
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
Resolution Number 220017:
There was a discussion regarding incorrect readings for 1 Sage Hill Lane, it was discovered that an improper register was mounted to the meter in May 2007 resulting in higher than actual readings. Trustee Harris offered, seconded by Trustee Marsh the following resolutions:
WHEREAS, Water and Sewer Acct. #5100008560 for 1 Sage Hill Lane water charges were based on incorrect readings. Now, therefore, be it
RESOLVED, that a total of $6,308.60 be deducted from the Water Fund and returned to the owner of 1 Sage Hill Lane, and be it further
RESOLVED, that a total of $3,974.73 be deducted from Sewer Fund and returned to the owner of 1 Sage Hill Lane.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
Resolution Number 220018:
There was a discussion regarding incorrect water billings for Harmony Prima Lofts, after which
Trustee Marsh offered, seconded by Trustee Foley the following resolution:
WHEREAS, when the meter was replaced, it was changed from a 6” to a ¾“ meter and the Village was not informed, therefore, the Village miscalculated the charges resulting in a total overpayment by Harmony Prima Lofts in the amount of $68,472.02. Now, therefore, be it
RESOLVED, that a total of $68,472.02 be returned to the Harmony Prima Lofts.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
Resolution Number 220019:
Mayor Grenier led discussion regarding Amending the Military Leave Policy in the Employee Handbook.
VILLAGE OF MENANDS
AMENDMENT TO
MILITARY LEAVES OF ABSENCE
PURPOSE:
To set forth the Village of Menands policy for providing leaves of absence to employees in accordance with the Federal Uniformed Services Employment and Reemployment Rights Act and the New York State Military Law. The Village of Menands supports the privilege of employees to serve in the Armed Forces of the United States. The Village provides leaves of absence to employees who are fulfilling active, emergency, or inactive military duty requirements as reservists or National Guard members. At the discretion of the Village Board, additional benefits may be provided to eligible employees on military leave.
SCOPE OF APPLICATION:
This policy applies to all employees who are eligible for active, emergency, or inactive military duty for the Armed Forces of the United States.
SCOPE OF POLICY:
This policy includes requirements, limitations, documentation procedures, and benefits for eligible employees.
POLICY AND PROCEDURE:
Responsibility:
The interpretation and administration of this policy shall be the responsibility of the Village of Menands, Board of Trustees.
Policy:
It is the policy of the Village of Menands to provide leaves of absence from work for employees who voluntarily choose to serve in the United States military or are drafted into the United States armed forces and to reservists and National Guard members. Leave will be granted to for: Active duty, training, or to meet military-related obligations, such as reporting for periodic physical fitness exams.
PROCEDURE:
Notification Procedure:
Employees must provide advance notice of military service to the Village of Menands. Employees requiring a military/reserve duty leave of absence are required to submit copies of relevant military orders to their supervisor as soon as practicable. The supervisor will promptly notify the Village Clerk, who will notify the Board of Trustees.
Pay for Training Leave:
In accordance with State law, the Village of Menands will provide up to 30 calendar days or 22 working days, whichever is greater, of military training pay per calendar year to regular full-time employees who are employed by the Village.
This leave will be provided to reservists in any branch of the U.S. Armed Forces and to members of the state National Guard units. The Village of Menands will continue all Village benefits received by an employee taking training leave, on the same terms and conditions as if the employee was not on leave, for a period of up to 30 calendar days or 22 working days, whichever is greater.
Leave for Military Service:
The Village of Menands will grant unpaid leaves of absence, which extend beyond the 30 calendar days or 22 working days, whichever is greater, for extended periods of military service in accordance with applicable federal and state laws. Health Insurance Coverage During Leaves for Military Service:
For military leaves of absence beyond 30 days, the employee will be eligible to maintain health insurance benefits in accordance with applicable federal law, at his/her own expense. All other benefits will also be treated in accordance with the requirements of applicable federal law.
Retirement Service Credit for Active Military Duty:
According to New York State Employee’s Retirement System, members of the retirement system who are members of a National Guard or Reserve component which has been ordered to active military duty are eligible for retirement service credit for their military duty under Section 243 of the New York State Military Law, or under the Federal Veterans’ Reemployment Rights Act.
Section 243 applies to all Retirement System membership tiers. In order to receive retirement service credit under this section, a person must be a member of the retirement system upon entering active military duty and must start payment of any contributions due within five years after the date of restoration to his/her public employment. The Veterans’ Reemployment Rights Act also applies to all retirement system membership tiers. To be eligible for this benefit it is not necessary that the person
be a member of the retirement system at the time of entering active military duty. However, a public employer who participated in, or was eligible to participate in the retirement system, at the time of entering military duty must have employed him/her. In addition, the person must receive an honorable discharge, make
application for reemployment with the Village of Menands within ninety (90) days of the date of discharge from active duty, and make payment for any contributions which may be required. Employees who are called to active duty may call the Retirement System if they have any questions about their rights or status. In addition, to protect their rights as a retirement system member, they should notify the
retirement system immediately upon their release from active duty. Eligibility for Reinstatement upon Return from Military/Reserve Duty Leave:
In accordance with the Federal law, a returning veteran must meet the following criteria to be eligible for reemployment:
- He/she must have been a full-time employee of the Village of Menands who left employment for the
purpose of entering active military duty or training, inactive duty for training, full-time National Guard
duty, or to undergo a fitness-for-duty examination, - The cumulative length of the absence for military service must not be longer than five (5) years,
- He/she must have been discharged or released from active duty “under honorable conditions”,
- The employee or an officer of the service must have provided the Village of Menands with advance
written or verbal notice of the military service, unless giving notice is precluded by military necessity, - The employee must notify the Village Clerk within the proper time-frame of the intent to return (see
“Applications for Reemployment” section of this policy), and - The employee must comply with the Village of Menands requests for documentation to establish any of
the above criteria. Applications for Reemployment: Federal law requires, as a condition of
reinstatement, that veterans apply for reemployment within 90 calendar days of the date they are
unconditionally released from military service if the period of service is more than 180 days.
Persons who provide uniformed service for more than 30 but less than 181 days must submit an
application for reemployment within 14 days of completing such service. Individuals performing
uniformed service of less than 31 days must provide the Village of Menands notice of an intent to re-
apply for employment no later than the beginning of the first full regularly scheduled work period of
service that starts at least eight (8) hours after the person has been safely transported from the place of
uniformed service, or as soon as possible after the eight (8) hour period, if reporting by the time is
impossible or unreasonable through no fault of the individual. The same rule applies to persons
required to report for examinations to determine the person’s fitness to serve in the uniformed
service. Job Protection for Returning Military Service Personnel: In accordance with the Federal law,
employees who enlist in, or who are inducted into, the armed forces of the United States may not be
discharged without cause for a one (1) year period following the return to their position after their
military service is completed. Members of the reserves who are ordered to an initial period of active
duty for training of not less than twelve (12) consecutive months or who are ordered to active duty
(other than for training) may not be discharged without cause for a six (6) month period following the
return to their position.
A motion was made by Trustee Marsh to approve the amendment to the Military Leave Policy , 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 220020:
Mayor Grenier led a discussion regarding the updated COVID Policy from New York State
VILLAGE OF MENANDS
AMENDEMENT TO POLICIES FOR COVID-19
Effective June 25, 2021, Executive Order 202 declared by Governor Andrew Cuomo, on March 7, 2020, has expired and will not be extended.
On June 23, 2021, the NYS Department of Health issued an emergency regulation requiring unvaccinated individuals who are over the age of two and able to medically tolerate a face-covering to continue wearing a mask when in a public place and unable to maintain, or when not maintaining, social
distancing. Unvaccinated employees must wear a mask when in direct contact with customers or
members of the public, or when unable to social distance.
In response to the expiration of the state of emergency, the Village of Menands amends previous
COVID-19 policies as follows:
Fully vaccinated employees are no longer required to wear a mask when in direct contact with fellow
employees or members of the public. Unvaccinated employees must continue to wear a mask or social
distance.
Members of the public who enter municipal buildings and are vaccinated are not required to wear a
mask but unvaccinated individuals are still required to wear a mask and/or social distance.
Contact tracing and screening (temperature checks and questionnaire) are no longer required for
employees or members of the public.
Employees who are subject to quarantine due to COVID-19 related illness or exposure to COVID-19 will be governed by NYS Law, (Bill Number, S8091). Those requesting time off for vaccination will be governed under Labor Law 196-C LEAVE TIME FOR COVID-19 VACCINATION through December 31, 2022, when the law expires.
All village departments will resume pre-pandemic operations, with in-person staffing for all employees.
Cleaning and disinfecting of office space, areas where members of the public have access, and village
vehicles should resume as a matter of public safety but the extent to which this should occur will be at
the discretion of the department heads, but not less than once per month.
Public activities may resume without restrictions at the discretion of the organizers, unless otherwise
dictated per CDC or DOH guidelines:
Park rental, Youth program, Senior meetings and trips, Concerts in the Park, Village Picnic, Menands Jr.
Baseball and Softball League, etc. will go forward (following CDC or DOH guidelines). For these such
events, unvaccinated individuals should continue to wear a mask or social distance, but this will be on
the honor system and not regulated by the Village of Menands.
This policy is subject to change to protect Village employees and members of the public by adhering to
NYS, DOH, or CDC guidelines.
Mayor Grenier clarified the law does not sunset for those subject to quarantine and if exposed to COVID-19, unvaccinated persons will still need to quarantine, per CDC guidelines.
A motion was made by Trustee Lane to approve the amendment to the Policy for COVID-19, 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 Deputy Clerk led a discussion to purchase a Water Meter Start-up Kit from TI Sales at a cost of $12,228.20.
Resolution Number 220021:
A motion was made by Trustee Marsh to approve the purchase a Water Meter Start-up Kit from TI Sales at a cost of $12,228.20, 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
Mayor Grenier advised the Board that after the water break at 14 Wolfert Ave, the Homeowner sent in a letter, asking that the apron to his driveway not be blacktopped. The homeowner is going to replace with a concrete apron.
Mayor Grenier led a discussion about paying a bill online and the potential difficulty of pulling up the account on Xpress Pay. Trustee Marsh suggested that the bill # search option be added for ease. Deputy Clerk Treasurer will reach out to Xpress Pay, see about getting it added, and report back to the Board.
Treasurer William T. Smith Jr discussed the leak detection findings. Two letters went out to residents about repairing their service line.
Mayor Grenier brought up laser speed trackers. A discussion followed. Clerk Handerhan will do more research and it will be further discussed at a future board meeting.
Brian led a discussion on a meeting, Mayor Grenier, the Code Enforcement Officer, Lyle Darmetko, and himself had with the Town of Colonie Assessors Office. The meeting was about the importance of permits, a new process Lyle has for title searches, which makes sure permits are closed out before the closing on a home.
The meeting was duly adjourned at 5:40 P.M.
__________________
Nicole Ognan
Deputy Village Clerk-Treasurer