The regular semi-monthly meeting of the Board of Trustees of the Village of Menands, held on Monday, September 13th, 2021 was called to order by Mayor Megan Grenier at 6:00 P.M.
PRESENT:
Megan Grenier, Mayor
Diane Foley, Trustee
Seth H. Harris, Trustee
Timothy Lane, Trustee
Brian Marsh, Trustee
Donald Handerhan, Village Clerk
Lt. Ryan St Gelais
Stephen Rehfuss, Village Attorney, Absent
Also attending: Bill Garvey, Kathy Masca, Sylvia Wendell, John Stangle, Christine Geoghegan, Rick Rogozinski, Melodee Jones, Renee’ Fields, Juliet Thigpen, Anika Fischer and Eric Johnson via Google Meets.
The mayor led the Pledge of Allegiance and Moment of Salience
Open Forum:
Resident Bill Garvey
He is in support of Menands Police Promotions
He thanked DPW for removing weeds around the signs on Tillinghast
He is in support of the 35 Broadway project
The Dead-End sign on the Northern End of Canal Road needs to be replaced
He is concern about 2 missing light poles along Broadway
He is in support of restoring Louis Menands Grave Site
He is in support of the Vertical Bridge at the Menands Market
He is concern about the weeds along Rail Road Ave
He thanked DPW for removing weeds on Clifford Road
Residents Kathy Masca, Sylvia Wendell, Melodee Jones, Renee’ Fields, Juliet Thigpen of Clifford Road have concerns about Motor Cycles and vehicles driving up & down the road at high rate of speed. They also have concerns regarding people driving on their parking area illegally. Discussion followed
Resident Rick Rogozinski has concerns about the high volume of traffic going up and down Amsterdam Ave and Wolfert Ave. He asked if the Village knew who owns the driveway at the Northern end of the parking lot at 800 N Pearl and if it could be reopened to allow traffic the exit to Broadway to help lower the number of vehicles going up Wolfert & Amsterdam. Discussion followed.
Resident John Stangle asked if the Village is going to receive any of the American Rescue Plan Act monies. Mayor Grenier advised that the Village will be receiving close to $400,000.00 dollars, that can only be use for specific items. The Village received half now and the other half next year but we have until 2026 to use the monies. Discussion Followed.
Resident Stangle asked how many Police Cars the Village owns. Lt St Gelais advised there are currently 8 vehicles, bike and an ATV.
Resident Stangle is concern about the condition of the decorative light poles along Broadway and their need to be painted. Discussion followed.
Resident Renee Fields, commented that there is a need for a grocery store. Mayor Grenier and Trustee Marsh advised they have been working on brining more stores into Menands. Discussion followed.
A motion was made by Trustee Harris to accept the minutes of the August 16th, 2021 Board Meeting, seconded by Trustee Marsh.
ADOPTED:
Trustee Foley voting ABSTAINED
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
A motion was made by Trustee Marsh to approve payment for the following, seconded by Trustee Foley.
WARRANT # 7:
GENERAL totaling $102,838.27
WATER totaling $ 2,045.28
SEWER totaling $ .00
TOTALS $104,883.55
VOID CHECKES:
Bounce Around Ck # 12159 -$ 1,350.00
Balloon Gal Jenny Ck # 12158 $ 375.00
Aubrey Tanner Ck # 12157 -$ 200.00
TOTALS -$1,925.00 Village Picnic Checks
WARRANT # 6X:
GENERAL totaling $ 696.00
PAYROLL #7: totaling $104,494.26
(08/07/21-08/26/21)
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
Lt Ryan St Gelais introduced Christine Geoghegan as the new hire as the replacement officer for Officer John Favata who has resigned. Christine, gave a brief summary of her experience and answered questions from the Board. Discussion followed.
Resolution Number: 210040
Trustee Marsh made a motion to approve Christine Geoghegan as a new Police Officer for the Menands Police 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
Trustee Seth Harris discussion regarding hiring a Intern to for Economic Development for the Village of Menands. Trustee Harris introduce Anika Fischer, our economic development intern.
Discussion followed.
Resolution Number: 210041
Trustee Harris introduced Anika Fischer a student at Cornell College. Trustee Harris also gave a brief history of the many different projects Anika has worked on. Discussion followed.
Trustee Harris made a motion to approve Anika Fischer, as economic development intern for the Village of Menands at a rate of $15.00 per hour, 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
Chief Mike Steurer led a discussion regarding replacing #38 Fire Chief’s Vehicle with a 2021 Dodge Durango at a cost of $32,385.00 and a upfitting cost of $15,590.95. Discussion followed.
Resolution Number: 210042
Trustee Marsh made a motion to approve 2021 Dodge Durango from Main Motorcar at a cost of $32,385.00, 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
Resolution Number: 210043
Trustee Marsh made a motion to approve Auto Solutions to complete the upfitting of New Fire Chief’s Vehicle from Auto Solutions of New York at a cost of $15,590.95, 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 described the need and how the Manhole shim/adjust project would be completed and answered questions regarding the project. Discussion followed. The following bids were received for the Sewer Frame Adjustments:
Method 1 Method 2 Total Base Bid
Anjo Construction $38,000 $14,000 $52,000
Gallo Construction $30,625 $9,000 $39,625
Kronau Construction $22,240 $6,042 $28,282
Resolution Number: 210044
Trustee Marsh made a motion to approve Kronau Construction at a cost of$28,282to complete Sewer Frame Adjustments within Village of Menands, 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 was held regarding paving Wards Lane with Callanan Industries under NYS Contract and the work to adjust or replace catch basins along Wards Lane. Discussion followed.
Resolution Number: 210045
Trustee Marsh made a motion to approve Callanan Industries at a cost of $206,450.00 repave Wards Lane and to spend up $30,000 to adjust or replace the catch basins, 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
Introduced Local Law # 4 of 2021 Property Maintenance
Chapter 127 Property Maintenance
§127-1 Legislative intent.
It is the intention of the Village Board of the Village of Menands to ensure Residential and Business premises shall be maintained in conformity with the provisions of this code so as to assure the desirable residential character of the property so as to improve the quality of life and aesthetic nature of the Village of Menands.
§127-2 Responsibility of property owners; action by Village; Notice of Violation costs of abatement;
hearing.
A. All property owners or persons owning, occupying or otherwise having control of property within the Village of Menands shall at all times maintain that property and the adjoining public ways free of litter, debris, excessive accumulation of animal waste, water and other hazards. Appropriate ground cover shall be properly established and maintained. Lawn areas shall be maintained with vegetation no taller than 10 inches. Heavy undergrowth, weeds and/or overgrowth of plant material which are noxious or detrimental to the public health, safety and welfare shall be eliminated.
B. Upon receiving a complaint, the Code Enforcement Officer shall inspect the property or properties within three business days. A inspection of the property, the Code Enforcement Officer of the Village of Menands shall notify the property owner or person occupying or 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 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, authorized agent or person or entity in control of the property.
C. Notice.
(1) All notices issued hereunder to restrain or correct any violation or to enforce compliance with any provision or requirement may be served by:
(a) Delivering to and leaving a copy of the same with any person or persons owning, occupying, otherwise in control or who may be liable;
(b) By registered or certified mail to the most current address on file of this Code, if any; or
(c) If none is on file, to the most current address on file in the Village of Menands Office.
(d) 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
(e) By any other method of service authorized pursuant to Article 3 of the Civil Practice Law and Rules.
(2) Notice by mail to 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.
D. 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. 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.
E. 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 D, 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 and 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 person who or entity which pays the taxes on said 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 taxes and shall be collected and enforced in the same manner as 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 to recover all such costs.
(4) No costs assessed 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.
F. 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.
G. 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.
H. Penalties for offenses. Any person who engages in unlawful conduct as defined in this article shall be punishable by a fine which shall not exceed $1,000 in amount or by imprisonment not exceeding 15 days, or both.
After discussion the Local Law was tabled until next meeting.
The Clerk led a discussion regarding renewing the MOU with Colonie Village. The Clerk advised the Village of Colonie asked if we could leave the MOU open ended due to there is clause in the MOU that each party could cancel the MOU with proper notice.
RESOLUTION
MEMORANDUM OF UNDERSTANDING BY AND
BETWEEN THE VILLAGE OF COLONIE AND VILLAGE OF MENANDS
THIS MEMORANDUM OF UNDERSTANDING dated this 7th day of September 2021, by and between the Village of Colonie, Albany County, acting through its duly elected Board of Trustees, hereinafter referred to as “Village of Colonie” and the Village of Menands, Albany, County, acting through its duly elected Board of Trustees, hereinafter referred to as “Menands”.
WHEREAS, Village of Colonie and Menands have a mutual goal of reducing costs through shared services and equipment; and
WHEREAS, Menands and Village of Colonie have equipment and vehicles to accomplish this goal which would be helpful to each other; and
WHEREAS, the Boards of Trustees of each of Menands and Village of Colonie believe that the sharing of services and equipment as described herein is in the best interests of the people of Menands and the people of Village of Colonie and desire to cooperate with each other as allowed by Article 5-G of the N.Y. General Municipal Law; and
WHEREAS, Village of Colonie and Menands are both legally empowered to enter into this Memorandum of Understanding.
NOW, THEREFORE, Village of Colonie and Menands are of the understanding of the following:
1. This Agreement shall be effective upon the latter of its signing or adoption by the respective municipalities and shall expire one year from said date. However, either municipality may terminate the Agreement at any time, with or without cause, upon written notice to the other.
2. Each party may supply (lend) equipment and vehicles along with the necessary operator(s) to the other party for lawful municipal purposes.
3. The party supplying the equipment may supply the necessary laborers to assist in efforts.
4. The borrowing party in consideration of the performance will pay the loaning party a rental fee in accordance with the Federally adopted FEMA hourly rates, unless the parties mutually agree to a different rate. Rental hours shall consist of Monday through Friday, excluding holidays, 7:00 a.m. to 3:30 p.m. unless otherwise mutually agreed upon by the parties.
5. The borrowing party shall return the borrowed equipment and/or vehicles to the loaning party with the same amount of fuel in the tank as was in the tank at the beginning of the day at the expense of the borrowing party.
6. The borrowing party shall defend, indemnify and hold harmless the loaning party from and against any losses, harm, claims, suits or other damages arising from or relating to the borrowing party’s use of the borrowed equipment or vehicle(s) within the borrowing party’s municipality, .
7. Both parties agree that if any damage is sustained to the equipment while doing the work in borrowing party’s municipality, the cost of repair or replacement shall be borne by the borrowing party in accordance with N.Y. General Municipal Law §119-o(3)(b).
8. Both parties agree that any injuries sustained to personnel while doing the work will be the responsibility of the respective municipality that the injured employee works for. Neither party shall be considered the “employer” of the other party’s employees under any circumstances, for the purposes of personal injury liability, worker’s compensation, unemployment insurance, or otherwise. If and to the extent the employee of one party asserts a claim against the other party for worker’s compensation, unemployment benefits, disability benefits or wages, the party employing said claimant shall defend, indemnify and hold harmless the other party against all losses and costs associated with said claim.
9. Both parties agree that this Agreement may be canceled at any point upon written notice to the other party for any reason or no reason, provided, however, that a party’s cancellation of this Agreement shall not relieve the party of obligations or liabilities that it occurred to the other party prior to said cancellation.
10. The parties mutually agree and understand that, notwithstanding any sharing of equipment, personnel or resources under this agreement, neither party shall be deemed the principal, agent, contractor or subcontractor of the other party. Village of Colonie and Menands are each arm’s length participants in this agreement, and the borrowing of equipment, vehicles or personnel by one party from the other does not abrogate their mutual status as arm’s-length participants.
IN WITNESS WHEREOF, the parties hereunto set their hands and affixed their seals on the day and year first above written.
VILLAGE OF COLONIE
By: __________________________________________________
Village of Colonie Mayor
Attest: ________________________________________________
Village of Colonie Attorney
VILLAGE OF MENANDS
By: __________________________________________________
Village of Menands Mayor
Attest: ________________________________________________
Village of Menands Attorney
Resolution Number: 210047
Trustee Harris made a motion to approve the open-ended MOU with the Village of Colonie, 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 led a discussion regarding the need to for a local Law to opt out of on-site cannabis consumption premises pursuant to the Marijuana Regulation and Taxation Act and subject to a permissive referendum pursuant to Article 9 of the New York State Village Law.
Discussion followed.
Resolution Number: 210046
Trustee Marsh offered the following resolution and moved its adoption:
Resolution calling a public hearing in connection with a proposed local Law to opt out of on-site cannabis consumption premises pursuant to the Marijuana Regulation and Taxation Act and subject to a permissive referendum pursuant to Article 9 of the New York State Village Law.
WHEREAS, the Village Board of the Village of Menands will conduct a public hearing to seek input on a local law to opt out of on-site cannabis consumption premises in the Village of Menands on Monday, September 27, 2021 at 6:00 P.M. in the Village Board Meeting Room at Village Hall, 250 Broadway, Menands, New York. The meeting is open to the public with socially distance seating available for those in attendance. Masks are required for all attending, regardless of vaccination status. Pursuant to the terms of the Marijuana Regulation and Taxation Act and pursuant to the terms of New York State Village Law, Article 9, the local law is subject to a permissive referendum.
The above 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
Mayor Grenier advised that after public hearing and the Board votes if passed the Local Law will need to be posted for 30 days before being submitted to Department of State. During that time if 20% of the residents eligible to sign a petition it will subject to permissive referendum.
The Clerk led a discussion regarding the ongoing water problems at the Menands Village Office. The basement has flooded three times with recent weeks. Kronau Construction, has completed for emergency work to locate and repair drainage pipes. Discussion followed.
The residents from Clifford Road advised that their yards flood because of the water coming from RT378. Mayor Grenier advised that they contact NYS DOT because the water is coming from their property.
Trustee Marsh led a discussion regarding Simmons Tool Company. Simons Tool was thinking about relocating to Saratoga County but after some discussions they decided to expand in Menands. Simmons purchased 47 Broadway and will tearing it down to replace the state-of-the-art building to add up to 70 new employees. Discussion followed.
Mayor Grenier advised the Board that the bullet proof windows have been installed in the Police Department. The Police are still waiting for the new doors to arrive.
The clerk led a discussion regarding speed control signs. The clerk gave the following prices The Evolis twin pack stationary signs are $5499 for two sign that speed and send messages. The other option is $4,999 for two signs that only show speed. The final price was for a speed control trailer that could moved throughout the Village. The cost of the trailer is $5400. Discussion followed. During the discussion Mike Steurer advised that Ticonderoga has a speed trailer with Red & Blue Lights that light up if someone goes over the speed limit. The Board asked the clerk to get pricing on the trailer.
Mayor Grenier advised the Board that Trustee Harris and herself are working with NYSERDA for a grant for the clean energy. There are several parts of the grant and will need the whole Board to work together to complete the grant.
Mayor Grenier advised the Board that the Ribbon Cutting for the Sage Trails and StoryWalk will be tomorrow Tuesday, September 14, 2021 at 4:30 PM at the Park Drive Entrance.
Mayor Grenier led a discussion regarding the Governor’s Executive order of September 2, 2021 to extend allowing public meeting to be held virtually. After the discussion the Board decided to hold the next 3 meetings virtually and after that go month to month.
Trustee Marsh made a motion to hold the next 3 Village Board virtually and to go month to month until January 14, 2021, second by Trustee Foley.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
Chief Steurer advised the Board that the Fire Department is planning on holding their annual Fire Prevention Open House on Tuesday October 12, 2021.
Resident John Stangle asked if there was a need for the Police Department to have 8 Police Vehicles?
A motion was made by Trustee Lane 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 7:43P.M.
___________________
Donald Handerhan
Village Clerk