The regular semi-monthly meeting of the Board of Trustees of the Village of Menands, held on Monday, June 19th, 2017 was called to order by Mayor Megan Grenier at 6:00 P.M.

PRESENT:

Megan Grenier, Mayor
Steve Boulet, Trustee
Diane Foley, Trustee
Seth H. Harris, Trustee
Aileen Nicoll, Trustee
Donald Handerhan, Village Clerk
Stephen Rehfuss, Village Attorney
Paul Reuss, Exec Asst to Mayor

Also attending: Brian Marsh, John Stangle, Kirk Montanye, Diane Brunelle, Susan Harris, Mary Miles, Brett Harris, Melissa Rezey, Richard Rider, Ben Lattanzio, Carl Clemenzi and Eric Johnson.

The Mayor led the Pledge of Allegiance.

The following quotes were received for the purchase of ten (10) Scott Bottles:

Municipal Emergency Services $ 8,025.70
AAA Emergency Supply Co., Inc $10,455.00
B-Lann Equipment $ 8,025.70

Trustee Harris made a motion to purchase ten (10) Scott Bottles from Municipal Emergency Services, at a cost of $8,025.70 for the Fire Department, seconded by Trustee Nicoll.

ADOPTED:

Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE

Open Forum:

Resident Melissa Rezey asked if a traffic study had been completed for the Elmwood Apartments Project. Eric Johnson from Chazen Companies responded that the developer had done a study but the Village will be asking for a more comprehensive study. A discussion followed.

Resident Rezey asked if Howard Carr spoke at the last meeting and if so why was he not on the agenda. The Mayor advised Howard Carr had stated he was hoping to attend open forum but ran late. A discussion followed

Resident Rezey stated that the school is at capacity, did the school have a time frame for school construction. Deputy Mayor Nicoll advised it will take about two (2) years to complete. A discussion followed.

Resident Kirk Montanye stated that there is a hydrant at 1 Broadway that is not a Menands hydrant. The Village Clerk advised he will look into it. A discussion followed.

Resident Montanye asked if the hydrants at the school have been tested. The Clerk advised the school maintains their hydrants and records and Fire Services reviews the records upon inspection. A discussion followed.

Resident Susan Harris stated the roadwork on Van Rensselaer Blvd is very confusing. The Mayor advised she will speak to her contact at DOT. A discussion followed.

Resident Harris asked about the road in front of her home washing away. The Clerk advised that Eric Johnson from Chazen Companies, Mike Hagmann, DPW Foreman and he will be there to review the water situation by the end of the week. A discussion followed.

Resident Harris asked for greater Police Department presence on Van Rensselaer Blvd. The Mayor will forward to Chief O’Brien.

Resident Kirk Montanye asked were the money for the gazebo came from. The Mayor advised it came from monies received from a settlement for damage done to Village property.

Resident Montanye asked if a final construction total for 280 Broadway was available yet. The Clerk advised there are still items not completed yet and all bills are not in yet.

Resident Carl Clemenzi asked if there were plans for replanting near Edgewood Circle. A discussion followed. Resident Clemenzi complained about not being compensated for having to go to court for the Edgewood Circle lawsuit. A discussion followed.

Resident Kirk Montanye asked Trustee Harris what his feelings where for Mr. Montanye being arrested in 2015 over the camera being damaged. Trustee Harris advised he was not familiar with the specifics of his case and was not involved, as this is a police matter. Resident Montanye stated that someone from the Board must have known because a complaint was signed. A discussion followed and the Mayor stopped the discussion because the case is still pending.

A motion was made by Trustee Nicoll, seconded by Trustee Boulet to accept the minutes of the June 5th, 2017 Board Meeting.

ADOPTED:

Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE

A motion was made by Trustee Nicoll, seconded by Trustee Harris to approve payment for the following:

WARRANT # 26 ENC:

GENERAL totaling $26,287.38
WATER totaling $14,082.66
SEWER totaling $ 798.50
TOTALS $41,168.54

WARRANT # 2:

GENERAL totaling $164,336.93
WATER totaling $ 20,712.52
SEWER totaling $ .00
TOTALS $185,049.45

PARK IMPROVEMENT FUND: $ 6,000.00

PAYROLL # 1: totaling $79,225.79
(05/27/16 – 06/09/16)

ADOPTED:

Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE

The Treasurer requested that the Board authorize the transfer of $14,000 from the General Fund Unappropriated Balance to Account A.1325.0201 Computer & Software this was money in the last budget for the new Accounting System and updated Computers for the Village Office Staff that was not billed as of May 31, 2017.

Trustee Boulet moved, seconded by Trustee Foley a transfer of $14,000 from the General Fund Unappropriated Balance to Account A.1325.0201 Computer & Software as requested by the Treasurer.

ADOPTED:

Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE

The following bids were received for electrical work for the Gazebo in Ganser Smith Park:

Togan Electrical $5,030.00
Geraci Twins Electric LLC $3,700.00
DLC Electric $3,750.00

Trustee Harris made a motion, seconded by Trustee Nicoll to accept the electrical bid received from Geraci Twins Electric LLC in the amount of $3,700.00.

ADOPTED:

Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE

Trustee Harris introduced the following proposed local law # 2 of the Code of the Village of Menands, creating Chapter 83 of the Village Code.

Local Law No. 2 of the year 2017
CHAPTER 83
CLOTHING, DONATION, BOTTLE & RECYCLING BINS

A local law amending the Village Code of the Village of Menands to establish rules and regulations and provide for registration of Clothing Bins, Donation Bins, Bottle Bins and
Recycling Bins. Be it enacted by the Village Board of the Village of Menands as follows:

Chapter 83: CLOTHING BINS, DONATION BINS, BOTTLE BINS and RECYCLING BINS

§83-1 Legislative Intent

It is the intent of the Village of Menands to support and encourage, in a responsible manner, the placement and use of attended and unattended Clothing Bins, Donation Bins, Bottle Bins and Recycling Bins, Collection Bins. These bins are most commonly used to collect for recycling, re-sale or re-use general household goods such as clothing, shoes, books and small appliances. When enacted, this local law will protect the public health, safety and welfare and protect the environment by establishing rules and regulations and provide for registration of Clothing Bins, Donation Bins, Bottle Bins and Recycling Bins.

§83-2 Definitions

Clothing Bin, Donation Bin, Bottle Bin and Recycling Bin. An attended or unattended receptacle, trailer or container made of metal, wood, steel or similar material for permanent or temporary use, designed or intended for the collection of unwanted clothing, shoes, textiles, books and other household items.

Site Host. The owner or lessee of the site of a Clothing Bin, Donation Bin, Bottle Bin or Recycling Bin within the Village of Menands.

Permittee. Any organization, firm or other entity that owns and receives a permit to operate a Clothing Bin, Donation Bin, Bottle Bin or Recycling Bin pursuant to this Chapter.

§ 83-3 Permit Required

A. It shall be unlawful to erect, place, maintain or operate any Clothing Bin, Donation Bin, Bottle Bin or Recycling Bin without first obtaining a permit issued by the Village of Menands. If it is determined to not be in the interests of the public health, safety, welfare and protection of the environment, the Village of Menands reserves the right to deny issuing a permit pursuant to this Chapter.

B. A permit issued under this Chapter shall be valid for one year and renewable for one-year periods thereafter.

C. Clothing Bins, Donation Bins, Bottle Bins or Recycling Bins owned and/or operated by one entity for the benefit of another entity requires the contact information for both entities on the permit application.

D. The Initial Application fee, renewal application fee and Sticker fee shall be valid for a one-year period and shall be established by Resolution of the Village Board.

E. In order to qualify as a permittee under this Chapter, an applicant must either be (1) a public charity exempt from taxes under Section 501 (c)(3) of the United States Internal Revenue Code, and in good standing with the State of New York, or (2) a business in good standing with the State of New York.

§83-4 Form of Application

The application for a Clothing Bin, Donation Bin, Bottle Bin or Recycling Bin permit shall be made to the Building Department and shall require the following information from the applicant:

A. If the applicant claims to be a qualified nonprofit entity:

1. A copy of the determination letter issued by the Internal Revenue Service stating that the applicant is a public charity exempt under Internal Revenue Code Section 501(c)(3),
and

2. A certificate of good standing issued by the Office of the Secretary of State of the State of New York. A certificate of good standing must not be older than 3 months at the time of application for a permit.

B. Name, address and telephone number of a contact person or entity of the applicant who is responsible for the management and maintenance requirements of this Chapter. The contact person or entity must reside or have a place of business in the County of Albany.

C. Written consent from the Site Host to place the Clothing Bin, Donation Bin, Bottle Bin or Recycling Bin on the property, including name, address and telephone number of the Site Host.

D. Permittee must provide proof to the Village of Menands at time of application of a Certificate of Liability Insurance of at least $1 million covering permitee’s Clothing Bin,
Donation Bin or Recycling Bin. The Certificate of Liability Insurance must name the Village of Menands as a named insured.

E. Permittee must provide to the Village of Menands at time of application of a Performance Bond in the amount established by Resolution of the Village Board for the faithful and complete performance by the permitee of the duties and obligations required by this Chapter.

§83-5 Proof of Permit

The Village of Menands shall provide the permittee with one permit sicker for each approved permit. The permittee must place the permit sticker in a conspicuous place in front of the Clothing Bin, Donation Bin, Bottle Bin or Recycling Bin that is installed on the permitted property. The Village of Menands will provide replacement stickers for an amount to be established by Resolution of the Village Board should the original sticker become damaged, fall off or disappear.

§83-6 Management, Maintenance; Requirements

A. Permitee must maintain the aesthetic presentation of each Clothing Bin, Donation Bin, Bottle Bin or Recycling Bin, including fresh paint, readable signage and general upkeep.

B. Permittee must provide to this Site Host a telephone number for requests to respond to Clothing Bin, Donation Bin, Bottle Bin or Recycling Bin maintenance complaints.

C. Permittee must respond to Clothing Bin, Donation Bin, Bottle Bin or Recycling Bin maintenance complaints within 24 hours of receiving notification during regular business hours.

D. Permittee must remove graffiti within 72 hours following receipt of notice of its existence.

E. If a Clothing Bin, Donation Bin, Bottle Bin or Recycling Bin becomes damaged or vandalized; it shall be repaired, replaced or removed within five days of receipt of notice of such condition.

§83-7 Placement of Clothing Bins, Donation Bins, Bottle Bins or Recycling Bins

A. A Clothing Bin, Donation Bin, Bottle Bin or Recycling Bin shall be placed on the site in a manner that does not impede vehicular or pedestrian traffic flow.

B. Recycling Collection Bins shall not be placed in the right-of-way and shall adhere to the set-back standards for the site where they are placed.

C. A Clothing Bin, Donation Bin, Bottle Bin or Recycling Bin shall not be placed in a required parking space or reduce the number of parking spaces below the minimum number required by the Village of Menands Land Use Law.

D. A Clothing Bin, Donation Bin, Bottle Bin or Recycling Bin shall not be placed on sidewalks and must allow for a minimum of five (5) feet of pedestrian walkway in front of the Clothing Bin Donation Bin, Bottle Bin or Recycling Bin.

E. A Clothing Bin, Donation Bin, Bottle Bin or Recycling Bin shall not be placed within the sight triangle of any intersection.

§83-8 Information and Label Requirement for all Bins

The front of every Clothing Bin, Donation Bin, Bottle Bin or Recycling Bin shall conspicuously display the following:

A. The name, address, telephone number and the Internet Web address of the Owner and Operator of the Clothing Bin, Donation Bin, Bottle Bin or Recycling Bin.

B. A statement, in at least two-inch typeface, that either reads: “this collection bin is owned and operated by a for-profit organization”.

C. If the Clothing Bin, Donation Bin, Bottle Bin or Recycling Bin is owned by a non-profit organization, the front of the collection bin shall also conspicuously display a statement describing the charitable causes that will benefit from the donations;

D. If the Clothing Bin, Donation Bin, Bottle Bin or Recycling Bin is owned by a for-profit company, the front of the collection bin shall conspicuously display a statement that reads “[name of company] is a for-profit company, deposits are not tax deductible”.

E. A Clothing Bin, Donation Bin, Bottle Bin or Recycling Bin operated by a for-profit entity on behalf of or in conjunction with a non-profit organization shall have the name, address, telephone number and web address of both entities on the front of the bin.

§83-9 Violations and Penalties

A. The site holder, permittee or other person or legal entity in control of the property where a Clothing Bin, Donation Bin, Botte Bin or Recycling Bin is found to be in violation of this chapter shall be jointly and severally liable therefore.

B. Code enforcement officers of the Building Department and the Menands Police Department are hereby authorized to issue notices of violation, summonses or appearance tickets, returnable in the Village Court of the Village of Menands, for any violation of this chapter.

C. In addition to any other penalty that may be imposed for an offense against the Penal Law, any violation of this Chapter shall be punishable by a fine of not less than fifty
dollars ($50.00) nor more than two hundred fifty dollars ($250.00) for the first such offense.

D. For each subsequent offense, a violation of this Chapter shall be punishable by a fine of not less than one hundred ($100.00) or not more than five hundred dollars ($500.00) per week thereafter. Each week such offense is permitted to continue shall constitute a separate week thereafter. Each week such offense is permitted to continue shall constitute a separate offense and shall be punishable as such hereunder without further
need for the Village to issue additional notices of violation, summonses or appearance tickets. The Village may also bring an action or proceeding to enjoin the offense and to
recover the costs incurred by the Village for removing and/or storing the bin or otherwise remedying conditions brought about by the offense of this chapter. If a site holder and/or permittee is found to have violated the provisions of this Chapter on more than 3 occasions in a calendar year, the site holder and/or permitee shall in addition, be deemed ineligible to place, use or employ a Clothing Bin, Donation Bin, Bottle Bin or Recycling Bin within the Village of Menands pursuant to this Chapter for a period of five years, and

the Village of Menands may remove any or all such site holder and/or permitee’s recycling collection bins upon 10 days advance notice.

E. A violation of this Chapter shall include, but not be limited to:

1. Unpermitted placement of a Clothing Bin, Donation Bin, Bottle Bin or Recycling Bin.

2. Failure to adequately or timely respond to a maintenance request pursuant to this Chapter.

3. Failure to maintain a Clothing Bin, Donation Bin, Bottle Bin or Recycling Bin pursuant to this Chapter.

4. Failure to adhere to Clothing Bin, Donation Bin, Bottle Bin or Recycling Bin placement and removal provisions pursuant to this Chapter.

5. Failure to adhere to all permit requirements pursuant to this Chapter.

§83-10 Severability

In the event that any provision of this chapter shall be deemed illegal or otherwise unenforceable by a court of competent jurisdiction, then only that specific provision shall not be enforced, and all other sections and provisions shall remain in full force and effect.

SECTION 83-11, SEQR DETERMINATION.

The Village hereby determines that this amendment is an Unlisted action that will not have a significant effect on the environment and, therefore, no other determination or procedure under the State Environmental Quality Review Act (“SEQRA”) is required.

SECTION 83-12, EFFECTIVE DATE

This local law shall become effective upon its filing in the Office of the Secretary of State.

Trustee Harris offered the following resolution:

BE IT RESOLVED that a public hearing be, and it hereby is, scheduled for July 17th, 2017 at 6:00 P.M. in the Village Hall in connection with a proposed local law of the Village of Menands, thereof, creating Chapter 83 of the Village Code.

The resolution was duly seconded by Trustee Nicoll.

ADOPTED:

Trustee Boulet voted AYE
Trustee Foley voted AYE
Trustee Harris voted AYE
Trustee Nicoll voted AYE
Mayor Grenier voted AYE

A proposal was received from 4th Generation Awning Co., LLC for Village of Menands Entrance Awning for 280 Broadway for a total of $5,750.00. And a second proposal was received for Village of Menands Police & Court awning for 250 Broadway in the amount of $4,050.00.

Trustee Foley made a motion, seconded by Trustee Boulet to approve the purchase of awnings for 280 Broadway in the amount of $5,750.00 and for 250 Broadway in the amount of $4,050.00 from 4th Generation Awning Co., LL.

ADOPTED:

Trustee Boulet voted AYE
Trustee Foley voted AYE
Trustee Harris voted AYE
Trustee Nicoll voted AYE
Mayor Grenier voted AYE

Trustee Harris made a motion, seconded by Trustee Nicoll to approve Nicholas R. DeCerce as an Active Member of the Menands Fire Company No. 1.

ADOPTED:

Trustee Boulet voted AYE
Trustee Foley voted AYE
Trustee Harris voted AYE
Trustee Nicoll voted AYE
Mayor Grenier voted AYE

The Clerk informed the Board that Marty Thompson will be retiring from the DPW effective June 23rd, 2017 after servicing the residents for 29 years.

The Mayor stated that Eric Johnson advised the Gazebo will require two (2) handicap parking spots on Menand Road, with a sidewalk leading from the parking spots to the gazebo. Eric Johnson responded to questions by the Board.

Trustee Nicoll made a motion, seconded by Trustee Foley to accept the proposal from Chip Kronau for the additional work to meet ADA requirements in the amount of $10,650.00.

ADOPTED:

Trustee Boulet voted AYE
Trustee Foley voted AYE
Trustee Harris voted AYE
Trustee Nicoll voted AYE
Mayor Grenier voted AYE

The Mayor stated after a discussion with the Police, Fire and DPW it is recommended to replace the fence at the top of Glenwood Road with a fence that could be opened for emergency purposes only. Trustee Harris commented the fence should be aesthetically pleasing to the neighborhood. Eric Johnson offered to look at options.

Mayor Grenier stated that water bills will be going out July 1st, and the Annual Audit will begin the second week of July.

Mayor Grenier read an award given to Village of Menands by PERMA for reporting work place injuries in a timely manner.

Trustee Boulet ask Eric Johnson for the Quiet Zone update. Eric Johnson explained the process and he has most of the information needed and it’s moving forward.

Resident John Stangle asked the cost of new hood at the pavilion. The Clerk advised $2,600.00 installed.

At 7:08 P.M. Trustee Boulet made a motion, seconded by Trustee Foley to enter into Executive Session to discuss a personnel matter.

ADOPTED:

Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE

The regular meeting reconvened at 7:32 P.M.

A motion was made by Trustee Nicoll, seconded by Trustee Foley to adjourn.

ADOPTED:

Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE

The meeting was duly adjourned at 7:33 P.M.

_______________
Donald Handerhan
Clerk

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