Village of Menands Board of Trustees, semi-monthly meeting. I am Mayor Meg Grenier and as it is 6:00 o’clock, I will call this meeting to order. For anyone outside the village staff who is attending this video conference, I would ask if you would please identify yourselves, Emily Silengo, Nate Pannucci, Vince Commisso from Teal, Becker & Chairmonte, Eric Johnson, Chazen Companies, Anika Fisher, Rima Shamieh, Nicolette Wagoner, Bill Nevins, Renee Lequire, Lyle Darmetko, Mike Steurer, Tom Havie. 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. 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, 2021Governor 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 las 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.
At 6:00 P.M. Mayor Grenier opened the Public Hearing opting out of on-site cannabis consumption pursuant to the Marijuana Regulation and Taxation Act and subject to permissive referendum pursuant to Article 9 of the New York State Village Law.
Resident Bill Nevins commented that he supports the opting out of onsite consumption and also supports sale of cannabis dispensaries. Mr. Nevins asked the Board to be mindful of the locations of the dispensaries and being located near the school.
Hearing no other comments Mayor Grenier advised that the if passed the Opting Out of Onsite
Consumption will be posted for thirty (30) days and if 20% of number of residents that voted in the last Governor’s Election sign a petition against opting Out of Onsite Cannabis Consumption the Local Law would have to go up for permissive referendum.
Hearing no other comments, the public hearing closed at 6:06 P.M.
The regular meeting reconvened at 6:06 P.M.
Emily Silengo of Teal Becker & Chairamonte, CPA’s, the Villages’ auditors, reviewed the Villages’ draft financial audit of the Village Funds and the Court Funds that they recently completed. He stated that both the Village and Court Funds were given an unqualified report, which is the best opinion they can issue. Emily answered all questions from the Board.
Resolution Number 210049:
Trustee Harris made a motion to accept the Auditor’s Report for the Village Funds for the 2020-2021 Fiscal Year, 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 210050:
Trustee Marsh made authorized the Treasurer to sign the representation letter for the Village, 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 introduced Nicolette Wagoner and Rima Shamieh who are working on the Land Use Regulations/Zoning Project Grant. Nicolette gave an update presentation on Land Use/Zoning Project.
A discussion followed.
Anika Fischer, Economic Development intern gave a presentation on items she has been working on for the past three (3) weeks. After a presentation discussion followed.
A motion was made by Trustee Foley to accept the minutes of the September 13th, 2021 Board Meeting, seconded by Trustee Harris.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
A motion was made by Trustee Marsh to approve payment for the following, seconded by Trustee Harris.
WARRANT # 8:
GENERAL totaling $ 93,870.96
WATER totaling $ 9,727.68
SEWER totaling $ 288.25
TOTALS $103,886.89
PARK IMPROVEMENT: totaling $ 1,202.50
PAYROLL #9: totaling $103,222.19
(09/10/21-09/23/21)
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
The clerk advised the Board that the second part of Resolution # 210024 was left off of the Board minutes.
Therefore, the discussion regarding incorrect readings for 26 Glenwood Road, did not include a refund to the owner of 26 Glenwood Road that should be paid to him. Now therefore, the following resolution is offered for Board approval;
WHEREAS, Water and Sewer Acct. #510000365-0 for 26 Glenwood Road water charges were based on incorrect readings. Now, therefore, be it
RESOLVED, that a total of $160.25 be deducted from the Water Fund and returned to the owner of 26 Glenwood Road, and be it further
RESOLVED, that a total of $72.10 be deducted from Sewer Fund and returned to the owner of 126 Glenwood Road.
Resolution Number 210051
Trustee Marsh offered the above resolution second by Trustee Lane.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
Trustee Lane led a discussion regarding Local Law #4 Adding Chapter 27 Property Maintenance. A discussion followed.
Resolution Number 210052
After the discussion Trustee Lane made a motion to introduce Local Law # 4 adding Chapter 127 Property Maintenance and to hold a Public Hearing on Monday October 4th at 6:00 P.M., seconded by Trustee Marsh.
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.
Mayor Grenier led a discission regarding opting out of onsite consumption premises. Mayor Grenier advised there is a Negative SEQR. The Local Law is subject to a permissive referendum pursuant to Article 9 of New York State Village Law if 20% of the residents that voted in the last Governor’s’ Election must sign a petition to hold a referendum.
Resolution Number 210053
Trustee Marsh made a motion to Opting Out of Onsite Consumption premises within the Village of Menands. The Local Law will be posted for thirty (30) days to allow for the permissive referendum before submitting to the Department of State, 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
The Clerk led a discussion on Speed Control Signs and Trailer. The permeant signs would cost $5,499. The speed control trailer would be solar powered, have flashing blue & red strobe lights. A discussion followed.
Resolution Number 210054
Trustee Marsh made a motion to purchase a speed control trailer for $6,319.00 from MPH Industries, seconded by Trustee Lane.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
The Clerk led a discussion regarding replacing the air conditioner at 280 Broadway. The Clerk presented the following quotes for a 2-ton air conditioner replacing the coil and condensing unit.
Farrell Bros $3,790.00
Dwight Plumbing & Heating $4,790.00
A discussion followed.
Resolution Number 210055
After the discussion Trustee Marsh made a motion to have Farrell Bros. replace the air conditioner at 280 Broadway at a cost of $3,790.00, 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
Mayor Grenier advised that the next Village Board Meeting will be a 6:00 P.M. on Monday, October 4th, 2021 via Google Meets.
A motion was made by Trustee Harris to adjourn, 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
The meeting was duly adjourned at 7:06 P.M.
______________________________
Donald Handerhan
Village Clerk