Village of Menands Board of Trustees, semi-monthly meeting. I am Mayor Meg Grenier and it’s 6:00 o’clock, I will call the meeting to order. For anyone outside the village staff who is attending this video conference, I would ask you please identify yourselves, Eric Johnson, Chazen Companies, Bill Nevins, Renee Lequire, Maureen Long. The mayor asked them to mute their microphones.
Mayor Grenier then did a roll call of Village staff: Deputy Mayor Seth H Harris, present, Trustee Diane Foley, present, Trustee Brian Marsh, present, Trustee Tim Lane, present, Clerk Don Handerhan, present, Village Attorney Stephen Rehfuss, present, Intern Anika Fisher, present, Lyle Darmetko, Code Enforcement Officer, 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 September 2nd, 2021 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.
A motion was made by Trustee Harris to accept the minutes of the November 1st, 2021 Board Meeting, 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
A motion was made by Trustee Harris to accept the minutes of the November 3rd, 2021 Insurance Workshop, 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
A motion was made by Trustee Harris to approve payment for the following, seconded by Trustee Foley.
WARRANT # 12:
GENERAL totaling $30,566.40
WATER totaling $ 6,284.24
SEWER totaling $ 360.00
TOTALS $37,210.64
WARRANT # 12A:
GENERAL totaling $20,000.00
PAYROLL # 12: totaling $96,073.39
(10/22/21-11/04/20)
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
Transfers
Account Account
From Acct: A.1990.0400 To Acct: A.1325.0404
Description Contingent Clerk – Miscellaneous
Amount: $38,000.00 $4,500.00
From Acct: ” To Acct: A.3120.202
Description ” Police Car
Amount: ” $6,000.00
From Acct: ” To Acct: A.3120.0208
Description ” Police-Equip Misc.
Amount: ” $7,500.00
From Acct: ” To Acct: A.3120.0417
Description ” Police – Gas & Oil
Amount: ” $20,000.00
From Acct: A.3410.0405 To Acct: A.3410.0404
Description Fire – Insurance Fire – Miscellaneous
Amount: $2,000.00 $2,000.00
From Acct: A.6989.0400 To Acct: A.6989.0100
Description Econ Opp & Dev – Contractual Econ Opp & Dev – Personal Svcs
Amount: $5,000.00 $5,000.00
Approved:
Trustee Foley Voted – Aye
Trustee Harris Voted – Aye
Trustee Lane Voted – Aye
Trustee Marsh Voted – Aye
Mayor Grenier Voted – Aye
Code Enforcement Office Lyle Darmetko and Village Attorney Steve Rehfuss led discussion regarding the Crainsville Block Building and Property. Code Enforcement Office Darmetko explained that building has been inspected by a Structural Engineer from Chazen and himself. Their determination is that the building should be demolished and no one should be allowed on the property. Discussion followed.
Resolution Number 210070
After a discussion Trustee Lane made a motion to authorizing Code Enforcement Office Darmetko to put Crainsville on notice of condemnation the property and not to allow any one on the property. Crainsville Block will be allowed to be heard at the December 6, 2021 Village Board Meeting. The building must be Demolished 45 days after being heard. 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
A discussion was held regarding Property Maintenance Code 127. After the discussion the board decided to table until next meeting. TABLED
There was a discussion regarding the Health, Dental and Vision Plans that will be available to Village Employees and Retirees for 2022 calendar year. After which Trustee Marsh moved the following resolution concerning Health, Dental and Vision Insurance for eligible Village Employees and Retirees for the calendar year 2022 the Village will offer the following plans: either the CDPHP Platinum 130 EPO CDPHP/National Plan; or the CDPHP Gold 224 HMO; the current Delta Dental Plan l – PPO Comprehensive; and the current Guardian Vision Plan. On January 1st, eligible employees will have a 20% employee responsibility. Non-Medicare Retirees will have same options of either the CDPHP; Platinum 130 EPO CDPHP/Nation Plan; or the CDPHP GOLD 224 HMO; WITH A RETIREE RESPONSIBILITY OF 12%. They may also purchase the Delta Dental Plan, and the Guardian Vision Plan for the monthly cost of the plan, which will be added to their monthly contribution. Medicare eligible retirees will continue to be offered the CDPHP Medicare Advantage Plan with a 12% retiree responsibility. They too, may purchase the Delta Dental Plan and the Guardian Vision Plan, for the cost of the Plan, which will be added to their monthly contribution. The resolution was 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
The Clerk led a discussion regarding PenFlex LOSAP Agreement for 2022
50 Century Hill Drive, Suite 3 t 800-742-1409
Latham, New York 12110 f 518-783-6915
Email: info@penflexinc.com
SERVICE AWARDS FOR FIRE & EMS penflexinc.com
October 2021
Mr. Donald Handerhan
Village of Menands
280 Broadway
Menands, NY 12204
Re: Service Award Program 2021-2022 Service Fee Agreement
Dear Mr. Handerhan:
PenFlex is honored to have the opportunity to continue to administer your program for the 2021-2022 year. The PenFlex staff proudly serves your volunteers who dedicate their time and effort in their communities.
Enclosed please find our Service Fee Agreement, which sets forth the fees for actuarial and administration services for your program. An Annual Statement detailing fees billed and paid to PenFlex over the last 12-month period is also enclosed. Most importantly there are no fee increases to your program for the upcoming year. PenFlex is keenly aware that last year was challenging for our clients due to COVID and this is our way of saying “We support and stand with you” as we all look towards a brighter tomorrow.
Over the past year many of our clients inquired about COVID point resolutions. For those clients who have adopted COVID resolutions we will continue to provide guidance as to how points should be calculated. For clients who have not adopted a COVID point resolution please contact us for more information and insight. For over 32 years our clients have relied on PenFlex as a trusted resource, adviser and partner when seeking LOSAP expertise and we happily continue those relationships today and in the future.
As we continually strive to reach greater heights in our business, having the resources of McNeil & Company behind PenFlex provides great opportunity for organizational growth and operational efficiencies which directly benefits all our clients. Recently three new staff members were hired in addition to the entire office being fitted with new computer hardware. The upcoming year will continue to provide technology advancements that will benefit our clients and volunteers.
Please return a signed copy of the Service Fee Agreement to PenFlex Actuarial Services, LLC by January 14th, 2022. Your timely response is greatly appreciated. The signed Agreement can be faxed to (518) 783-6915 or emailed to: info@penflexinc.com. Please note that if applicable, an invoice for our base fee is enclosed.
If you are requesting that we prepare an optional financial statement disclosure package, please review your auditor’s information and make any applicable changes on the Agreement.
The entire PenFlex staff is committed to providing the highest level of expertise and service when administering your program. Thank you for your continued business.
Serving your volunteers,
C2MM/,zet4’Z6t/
Edward J. Hdlohan Paul A. Cognetta
President & Senior Actuary Vice President of Operations
Resolution Number 210071
Trustee Marsh made a motion to approve PenFlex LOSAP Agreement with the Fire Department, 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
Eric Johnson from Chazen led a discussion regarding the South End Infrastructure Project. All roads on the south end are in need of replacement. At the same time all the water and sewer mains will be replaced. The streets will include Wolfert Avenue, Amsterdam Avenue, North Pearl Street, Hutton Street, Hampton Street, Kingston Street, Hendrick Avenue, Pawling Street and Highland Street. A discussion followed.
AGREEMENT MADE this 15th day of November 2021 by and between Chazen Engineering, Land Surveying, Landscape Architecture & Geology Co., D.P.C., a New York design professional corporation with its principal place of business at 21 Fox Street, Poughkeepsie, New York 12601 (hereafter referred to as “The Chazen Companies” or “Chazen”) and Village of Menands
(hereafter referred to as “Client”)
1. PURPOSE: Client hereby retains Chazen to perform the services described in the Proposal For Professional Services dated November 15 2021 which is hereby made a part of this Agreement.
2. COMPENSATION: Chazen’s compensation for services shall be as stated in the Proposal For Professional Services. Chazen shall submit invoices on or about the tenth day of each month. Invoices shall be payable upon receipt. Invoices not paid within 30 days will be assessed a finance charge of 1.5% per month. At the beginning of each calendar year Chazen reserves the right to adjust its billing rates in accordance with Chazen’ s new annual fee schedule. Chazen may suspend its performance under this Agreement until all delinquent amounts due for services and expenses have been paid. All amounts due and owed Chazen under this Agreement shall be paid in full at the completion of services. Chazen may refuse to release reports, maps and materials prepared by Chazen for Client until all arrearages are paid in full. If Chazen is required to retain an attorney and/or collection agency to collect amounts due Chazen under this Agreement, Client agrees to pay Chazen s reasonable attorney’s and/or collection fees together with the costs and disbursements of any such action.
retainer in the amount of $ will be required prior to the initiation of services. This retainer will be held until the end of the project and applied to Client’s final invoice. Any excess amount will be returned to Client.
Final payment will be due upon delivery of the final work product (e.g., report, survey, etc.).
3. COOPERATION: Client agrees to keep Chazen informed of changes to the project scope and schedule, and shall arrange for and provide Chazen entry to property in order to perform the services. Client shall give Chazen prompt notice of any potentially hazardous 0k’ injurious conditions Client knows of or has reason to know of which may be present on property Chazen must enter. Client agrees to allow Chazen to display appropriate promotional signage during construction, and to allow Chazen to make a photographic record of the project prior to, during, and subsequent to construction. Client agrees to allow Chazen to use photographic images, along with information about the project and/or a description of the services provided, for promotional purposes without restriction 0k’ monetary compensation.
4. PROJECT DOCUMENTS:
A. All Documents which may include, but are not limited to, Plans, Specifications, Survey Plats, Technical Reports and Correspondence are instruments of service with respect to this Project, and Chazen shall retain an ownership and property interest therein, including the right to reuse the Documents. The right to alter the Documents belongs only to Chazen.
B. Client and Client’s contractors 01′ other consultants may rely only upon printed copies (also known as hard copies) of Documents that are signed and sealed by a Licensed Professional employed by Chazen. If there is any discrepancy between printed copies and any electronic copies, the most recent version of the printed and certified copies govern.
C. Any electronic copies (files) provided will be provided solely as a convenience and shall NOT be considered “Contract Documents,” “Construction Documents” or any type of certified document. All documents considered “Contract Documents,” “Construction Documents” or any type of certified document shall consist only of printed copies having an original signature and seal of a Licensed Professional employed by Chazen.
D. Be advised that electronic copies of Documents can deteriorate or be inadvertently modified without Chazen’s consent, or may be otherwise corrupted or defective. Accordingly, Client and Client’s contractors or other consultants may not rely upon the accuracy of any electronic copies of Documents.
E. Any use, conclusion or information obtained or derived from electronic copies of Documents by Client or Client’s contractors or other consultants will be at Client’s sole risk and without liability to Chazen. Client shall defend, indemnify, and hold harmless Chazen and its officers, directors, representatives and agents from and against all claims, demands, liabilities, causes of action, suits, judgments, damages, and expenses (including attorneys’ fees) arising from any use whatsoever or reliance on electronic copies of Documents.
F. Client understands that Documents are not intended or represented to be suitable for any purpose other than that for which they were created. Any reuse on modification of Documents by Client 01′ Client’s contractors 01′ other consultants will be at Client’s sole risk and without liability to Chazen. Client shall defend, indemnify, and hold harmless Chazen and its officers, directors, representatives and agents from and against all claims, demands, liabilities, causes of action, suits, judgments, damages, and expenses (including attorneys’ fees) arising from any reuse or modification of Documents.
G. Client understands that it is a violation of New York State Education Law for any person to alter in any way any Document that has been signed and sealed by a Professional Engineer or Land Surveyor, unless he or she is acting under the direction of a licensed Professional Engineer 01′ Land Surveyor and that the altering professional signs and seals the document and describes the alteration.
5. RISKS INSURANCE & LIMITATION OF LIABILITY: Client and Chazen have discussed the risks, rewards and benefits of the project and Chazen l s fees for services under this Agreement. Client and Chazen have also discussed the allocation of risk associated with their respective duties under this Agreement and agree, to the fullest extent permitted by law:
A. Chazen shall carry and maintain Workers Compensation, General Liability, Automobile Liability and Professional Liability insurance. Chazen will provide Client certificates of insurance upon request. Chazen will be responsible for the negligent actions of Chazen, and the employees and subcontractors of Chazen, within the terms and conditions of the insurance coverage maintained by Chazen, subject to the limitation of liability get forth in paragraph 5(C) below. Chazen will not be responsible for any loss or liability, or any violation of law, rule, regulation or decree by Client or the employees, agents, contractors, or consultants of Client.
B. Chazen agrees that it will not bring hazardous or toxic materials onto Client’s property. Client understands that the ordinary course of work performed by Chazen may result in the excavation and relocation of hazardous or toxic materials that were on or under the property before Chazen began its work. Client understands that Client is solely responsible for the cost of investigating, removing, and remediating such materials,
C. Chazen t s liability for claims related to professional services errors 01′ omissions under this Agreement, however arising, shall be limited to the lesser of $1,000,000 or the total compensation received by Chazen from Client, and Client hereby releases Chazen from any liability or contribution above such amount. This limitation of liability shall include but not be limited to Chazen l s negligence, errors, or omissions. In no event shall Chazen be liable for incidental or consequential damages, including loss of profits or revenue resulting from any cause or causes.
6. TERMINATION: In the event of substantial failure by either party to perform under this Agreement, the aggrieved party may terminate this Agreement upon seven (7) days written notice. If this Agreement is terminated, Client shall remit all monies due Chazen within 30 days. Chazen at its sole discretion, may terminate this Agreement when it reasonably believes there may be condition(s) which threaten the health and safety of Chazen personnel and subcontractors. Chazen assumes no duty to report hazardous or dangerous conditions not caused by Chazen and shall rely exclusively upon Client to report any such conditions.
7. SEVERABILITY: If any provision of this Agreement is held invalid such provision shall have no effect, but all remaining provisions shall continue in full force and effect. Each provision of this Agreement shall be interpreted so as to render it valid.
8. NOTICES: All notices shall be in writing and shall be sufficient if sent by first class mail or overnight mail to the addresses of Client and Chazen as shown herein. Notices shall be deemed as received three (3) business days after mailing. Each party hereby agrees to accept all mailed and hand delivered communications.
9. ENTIRE AGREEMENT: This Agreement and any attachments and exhibits identified herein represent all of the promises, agreements, conditions, understandings, and undertakings between Client and Chazen.
10. AMENDMENTS: This Agreement shall bind Client and Chazen and their successors and assigns. The parties may, by written agreement(s), modify and amend this Agreement. Any such amendment must be in writing and be signed by the party against whom enforcement of the amendment is sought. No breach of any part of this Agreement shall be deemed waived unless expressly waived in writing by the party who might assert such a breach. The failure of any party to insist in any one or more instances upon strict performance of this Agreement shall not be construed as a waiver of the right to insist upon strict performance.
Il. GOVERNING LAW: This Agreement shall be governed and construed by the laws of the State of New York. For purposes of any legal action or suit related to or arising out of this Agreement venue shall be Dutchess County, New York.
12. COUNTERPARTS: This Agreement, and any amendments or revisions thereto, may be executed in two or more counterparts each of which shall be deemed an original, but which together shall constitute one and the same instrument(s).
13. REPRESENTATIONS: Client and Chazen state that each has full power and authority to make, execute and perform this Agreement. Signatory for Client states that he is an officer, owner, partner, agent or attorney for Client. Neither Client nor Chazen is bankrupt or have availed themselves of any debtor’s remedies nor are currently
contemplating such.
Village of Menands
CLIENT
Date: November 15, 2021
THE CHAZEN COMPANIES
Chazen Engineering, Land Surveying, Landscape Architecture & Geology Co., D.P.C,
Printed Name:
Date:
Resolution Number 210072
After the discussion Trustee Lane made a motion authorizing Mayor Grenier to sign a Professional Service Agreement with Chazen Companies to oversee the grant and the project, 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 210073
WATER BOND RESOLUTION
BOND RESOLUTION
(SUBJECT TO PERMISSIVE REFERENDUM)
At a regular meeting of the Board of Trustees of the Village of Menands, Albany County, New York, held at the Village Hall, in Menands, New York, in said Village, on the 15th day of November, 2021, at 6 o’clock P.M., Prevailing Time.
The meeting was called to order by Mayor Grenier, and upon roll being called, the following were
Present
Trustee Foley
Trustee Harris
Trustee Lane
Trustee Marsh
Mayor Grenier
The following resolution was offered by Trustee Lane, who moved its adoption, seconded by Marsh, to wit:
RESOLUTION DATED NOVEMBER 15, 2021.
A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE CONSTRUCTION OF IMPROVEMENTS TO AND RECONSTRUCTION OF THE WATER DISTRIBUTION SYSTEM, FOR THE VILLAGE OF MENANDS, ALBANY COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $5,059,000 AND AUTHORIZING THE ISSUANCE OF $5,059,000 SERIAL BONDS OF SAID VILLAGE TO PAY THE COST THEREOF.
WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action of the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which as such will not have any significant adverse impact on the environment; and
WHEREAS, it is now desired to authorize such capital project and its financing; NOW, THEREFORE, BE IT
BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Board of Trustees of the Village of Menands, Albany County, New York, as follows:
Section 1. The construction of improvements to and reconstruction of the water distribution system, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, for the Village of Menands, Albany County, New York, is hereby authorized, subject to permissive referendum, at a maximum estimated cost of $5,059,000.
Section 2. It is hereby determined that the plan for the financing of the aforesaid maximum estimated cost is by the issuance of $5,059,000 of serial bonds of the Village hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law; PROVIDED, HOWEVER, that to the extent that any grants-in-aid are received for such class of objects or purposes, the amount of bonds to be issued pursuant to this resolution shall be reduced dollar for dollar.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is forty years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years.
Section 4. The faith and credit of said Village of Menands, Albany County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Village, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Village Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Village Treasurer, consistent with the provisions of the Local Finance Law.
Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Village Treasurer, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as the Village Treasurer shall deem best for the interests of said Village, including, but not limited to, the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, the Village Treasurer shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Village Treasurer shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money.
Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Village Treasurer, the chief fiscal officer of such Village. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Village Treasurer shall determine consistent with the provisions of the Local Finance Law.
Section 8. The Village Treasurer is hereby further authorized, at his sole discretion, to execute a project finance and/or loan agreement, and any other agreements with the New York State Department of Health and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the class of objects or purposes described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said Village in the event of the sale of same to the New York State Environmental Facilities Corporation.
Section 9. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Village Treasurer. Such notes shall be of such terms, form and contents as may be prescribed by said Village Treasurer consistent with the provisions of the Local Finance Law.
Section 10. The validity of such bonds and bond anticipation notes may be contested only if:
1) Such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 11. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.
Section 12. Upon this resolution taking effect, the same shall be published in full or summary form in the official newspaper of said Village for such purpose, together with a notice of the Village Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
Section 13. Pursuant to the provisions of Section 36.00 of the Local Finance Law, this resolution is adopted subject to permissive referendum.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
The resolution was thereupon declared duly adopted.
BOND RESOLUTION
(SUBJECT TO PERMISSIVE REFERENDUM)
At a regular meeting of the Board of Trustees of the Village of Menands, Albany County, New York, held at the Village Hall, in Menands, New York, in said Village, on the 15th day of November, 2021, at 6 o’clock P.M., Prevailing Time.
The meeting was called to order by Mayor Grenier, and upon roll being called, the following were
Present
Trustee Foley
Trustee Harris
Trustee Lane
Trustee Marsh
Mayor Grenier
Resolution Number 210074
The following resolution was offered by Trustee Foley, who moved its adoption, seconded by Trustee Harris, to wit:
SEWER RESOLUTION
BOND RESOLUTION DATED NOVEMBER 15, 2021.
A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE CONSTRUCTION OF IMPROVEMENTS TO AND RECONSTRUCTION OF SANITARY SEWER MAINS, IN AND FOR THE VILLAGE OF MENANDS, ALBANY COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $6,926,000 AND AUTHORIZING THE ISSUANCE OF $6,926,000 SERIAL BONDS OF SAID VILLAGE TO PAY THE COST THEREOF.
WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action of the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which as such will not have any significant adverse impact on the environment; and
WHEREAS, it is now desired to authorize such capital project and its financing; NOW, THEREFORE, BE IT
BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Board of Trustees of the Village of Menands, Albany County, New York, as follows:
Section 1. The construction of improvements to and reconstruction of sanitary sewer mains, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, in and for the Village of Menands, Albany County, New York, is hereby authorized, subject to permissive referendum, at a maximum estimated cost of $6,926,000.
Section 2. It is hereby determined that the plan for the financing of the aforesaid maximum estimated cost is by the issuance of $6,926,000 of serial bonds of the Village hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law; PROVIDED, HOWEVER, that to the extent that any grants-in-aid are received for such class of objects or purposes, the amount of bonds to be issued pursuant to this resolution shall be reduced dollar for dollar.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is forty years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years.
Section 4. The faith and credit of said Village of Menands, Albany County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Village, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Village Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Village Treasurer, consistent with the provisions of the Local Finance Law.
Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Village Treasurer, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as the Village Treasurer shall deem best for the interests of said Village, including, but not limited to, the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, the Village Treasurer shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Village Treasurer shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money.
Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Village Treasurer, the chief fiscal officer of such Village. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Village Treasurer shall determine consistent with the provisions of the Local Finance Law.
Section 8. The Village Treasurer is hereby further authorized, at his sole discretion, to execute a project finance and/or loan agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the class of objects or purposes described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said Village in the event of the sale of same to the New York State Environmental Facilities Corporation.
Section 9. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Village Treasurer. Such notes shall be of such terms, form and contents as may be prescribed by said Village Treasurer consistent with the provisions of the Local Finance Law.
Section 10. The validity of such bonds and bond anticipation notes may be contested only if:
1) Such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 11. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.
Section 12. Upon this resolution taking effect, the same shall be published in full or summary form in the official newspaper of said Village for such purpose, together with a notice of the Village Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
Section 13. Pursuant to the provisions of Section 36.00 of the Local Finance Law, this resolution is adopted subject to permissive referendum.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
The resolution was thereupon declared duly adopted.
Eric Johnson from Chazan led discussion regarding a SEQR for the South End Water Project.
Resolution Number 210075
Trustee Marsh read the following resolution:
Village of Menands South End Water and Sanitary Sewer Improvements Project
SEQR Type II Determination Resolution
Whereas, the Village of Menands is proposing to replace aged water and sanitary sewer infrastructure on Wolfert Ave., Amsterdam Ave., Hutton St., N. Pearl St., Hendrick Ave., Kingston St., Pawling St., Hampton St., Highland St. and portions of Van Rensselaer Blvd. Curbing and road reconstruction is also included on the impacted streets. The project also includes valving improvements to facilitate the City of Watervliet interconnect; and
Whereas, 6 NYCRR Section 617.5 (Title 6 of the New York Code of Rules and Regulations) under the State Environmental Quality Review Act (SEQR) provides that certain actions identified in subdivision (c) of that section are not subject to environmental review under the Environmental Conservation Law;
NOW, THEREFORE, BE IT:
RESOLVED that the Village of Menands hereby determines that the proposed construction of the South End Water and Sanitary Sewer System Improvement Project is a Type II action in accordance with 6 NYCRR Section 617.5(c) subparagraph (2) which constitutes the following;
(2) replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building, energy, or fire codes, unless such action meets or exceeds any of the thresholds in section 617.4 of this Part;
and is therefore not subject to review under 6 NYCRR Part 617.
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
Anika Fischer, Economic Development Intern gave the Board an update on the projects she is working on:
Getting information on Food Co-Ops
Created flyer for Entrepreneur Recruitment
Met with CDTC regarding Bike Share Program
Compared pricing for video regarding the Village
Anika is working with Kevin Franklin to create a Pod Cast
Walking map of the Village
The Clerk advised the Board that Chief Steurer requests to Surplus Fire Chief Vehicle Car 38 2006 Ford Explorer Vin Number 1FMPU16586LA78766.
Trustee Marsh made a motion to approve to Surplus Fire Chief Vehicle Car 38 2006 Ford Explorer Vin Number 1FMPU16586LA78766, 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
The Board was informed that the Senior Citizens Christmas Party will be Thursday, December 2nd, 2021 from 12:00 P.M. to 3:00 P.M. at the Joseph E. Zaloga, American Legion Post 1520, 4 Everett Rd, Albany, NY 12205.
The Clerk advised the Board that the Local Law # 5 has been filed with both the Department of State and the Office Cannabis Management of the Cannabis Control Board.
At 6:51 P.M. Trustee Foley made a motion to enter into Executive Session to discuss a personnel matter, seconded by Trustee Lane.
ADOPTED:
Trustee Fol0ey voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
The regular meeting reconvened at 7:06 P.M.
Resolution Number 210076
Trustee Marsh made a motion to promote Michael Connolly from Seasonal Help to Full Time Laborer for DPW, 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
MEMORANDUM 11/14/21
TO: All Member of the Village Board
FROM: Bill Garvey Jr.
I got some letters of importance + concern as follows:
1. On 10/10/21 he ran over broken glass on Menand Rd he swept the glass up and reported it.
2. On 9/30/21 he reported vines covering the railings at 33 Menand Rd. On 10/31/21 he noticed the vines had been removed.
3. He observed brush, weeds and high grass were partly covering a fire hydrant on Tillinghast Avenue.
4. He supports the Board replacing the air condition at 280 Broadway.
5. He has concerns with freight trains sometimes still blowing their whistle.
6. Village One has a damaged tree since 2020 that needs to be removed and his landlord has not removed it yet.
Sincerely
Bill Garvey, Jr.
Trustee Lane advised the Board that the tree trucks have been removed.
Thank you for your time and consideration.
Trustee Marsh made a motion to adjourn, 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
The meeting was duly adjourned at 7:08 P.M.
__________________
Donald Handerhan
Village Clerk