nextstep Meeting Minutes After Executive Session: The regular semi-monthly meeting of the Board of Trustees of the Village of Menands held on Monday, June 26th, 2023, 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 Stephen Rehfuss, Village Attorney – Virtual Ryan St. Gelais, Police Chief Also attending: Bill Garvey, Bill Nevins, Steve & Kathy Boulet, Molly Harbour, Nicholas Kalogoidis, John Stangle, Mike & Sue Mackay, John Teitsch, Pamela Perry, Susan Handerhan, David Ognan, Joe Condon, Cindy & Chuck Price, Hannah Cushing, Stephen Barrett, Susan Chant, Mike Steurer, Kathy Kelley, Loretta Belmonty, Mark Mililotoin, Brett Harris, Susan Harris, Jason Hoffman, Laura Harbor-Kahl, Jamie Milstein, Dianne MacFarland, Catherine Mattice, Ron Mattice, Christy Johnston, Bob Reid, Bess Dunsker, Mark Carnegie, Maddy Fay, Charlotte Boulet, Clair Kelley, Elangovan Raman, Greg Burch, Joe Kelley, George Vlaime, Also, Virtual Attendance: Tome Bates, Kathy Mosca, Catherine Sheridan, Brandan Kelly, Joe Jenkins, Evan Sullivan, Paul Harbour, Bal Parker, Claudine Nevins, Beth Harbour, Peg Holland, Taj Baskey, Susan Clemente Roote, Jon Alder, Gerry Reely, Lisa Bountkonto. The mayor led the Pledge of Allegiance. PUBLIC HEARING The mayor opened the Public Hearing for the purpose of a Special Use Permit for a Cannabis Dispensary at 90 Broadway. The Clerk read the following notice: Public Hearings will be held on Monday, June 26, 2023, at 6:00 P.M. in the Village Municipal Building at 250 Broadway for the purpose of a Special Use Permit for a Cannabis Dispensary at 90 Broadway. Such public hearings are open to the public and accessible to the handicapped. All are encouraged to attend and comment at or to present comments in writing to Clerk Handerhan before noon on June 26, 2023, at email hidden; JavaScript is required. You may attend the Public Hearing in person in the Village Hall second floor of 250 Broadway or via the Google Meets link: meet.google.com/mre-txbp-btk or Join by phone (US) +1 401-646-0768 PIN: 541 841 494# A copy of the permit application is available to view at the Village Office. The regular Board meeting to follow. Dear Village of Menands, RE: “The internal project review team, including the Village Police, Fire, and Building Departments met last week to discuss the project. Based upon that discussion: 1. If there is insufficient lighting along the building’s front (facing Broadway) and rear (facing Ward’s Lane), additional lighting may be required for safety purposes. The number and intensity of the lighting will be discussed and confirmed. 2. The Menand’s PD is requesting that you agree to provide access to all video footage upon request related to any future police investigation on or near the property. 3. No on-site consumption shall be permitted. I know that you previously acknowledged this, but the Village wanted to remind you of this prohibition. 4. A minimum of one ADA-accessible parking space will be required in accordance with the NYS Building Code. 5. Additional information on deliveries is requested, including which door the delivery person will use and times deliveries will be provided. If the delivery person will be using the back door, we will need to discuss opportunities to keep any customer line from being located near the back door. Please also clarify the process for accepting deliveries of product: times, location, security.” Thank you for bringing the insufficient lighting issue to our attention. We take safety concerns seriously, and we assure you that our company will promptly address the lighting issue along the building’s front (facing Broadway) and rear (facing Ward’s Lane). We will engage in discussions to determine the appropriate number and intensity of lights required to ensure safety. Our goal is to remedy the lighting issue and provide a well-lit environment for everyone’s security. We appreciate the request from Menand’s PD, and we are committed to fostering a cooperative relationship with local law enforcement agencies. Our company will gladly cooperate and provide access to all relevant video footage upon their request for any future police investigation on or near our property. We understand the importance of assisting law enforcement in maintaining public safety and upholding the law. Thank you for the reminder regarding the prohibition on on-site consumption. We understand and acknowledge that no on-site consumption is permitted. Our company remains committed to adhering to this restriction as outlined by the Village. We appreciate your diligence in ensuring compliance with the regulations. Thank you for notifying us about the requirement for an ADA accessible parking space in accordance with the NYS Building Code. We fully understand and acknowledge this requirement, and our company is committed to ensuring compliance. We will make sure to provide a minimum of one ADA accessible parking space to accommodate individuals with disabilities. Our aim is to create an inclusive and accessible environment for all. The rear door will be used for all transports and receivables, and we’re projecting residential delivery times will be 9am-9pm unless otherwise restricted by NYS. We will ensure any customer overflow doesn’t interfere with the company delivery operations buy using accepted measures of separation and onsite employees assisting in keeping a uniform and organized customer line. • Delivery Times: We will establish specific delivery times that align with our operational needs and comply with any relevant regulations or restrictions. These times will be communicated to the suppliers and the Menands PD to ensure smooth coordination. (Usually 8 am12 pmm window, 2-3 weekdays each week) • Delivery Location: Deliveries will be directed to a secure and designated area within our cannabis dispensary. This area will be equipped to handle the secure acceptance of products, with appropriate storage facilities and temperature controls as needed. • Security Measures: Maintaining the security of the delivery process is of utmost importance. We will have stringent security measures in place, such as surveillance cameras, access control systems, and trained personnel to oversee and monitor the delivery acceptance procedure. These measures will help ensure the safety of Thank you, Joe Kelley The public hearing was tabled for July 3rd, 2023, at 7:01 P.M. Deputy Mayor Seth Harris read and presented a resolution naming June 30th, 2023, Mayor Megan Grenier Day in the Village of Menands. Open Forum: TO: All Menands Village Board Members From: Bill Garvey Jr I got Important Village items: He is happy the Menands Public Library Rehabilitation Project is completed. Thank You. He noticed a large bump on Tillinghast Avenue, which he reported to PD, DPW & Clerk. At 5:15 pm, he observed the lights in the Court Room were left on, so he turned them off. On 5/17/23, he observed a large amount of clutter between Cemetery Ave and the bus stop He reported it to the PD, and DPW cleaned it up. While checking restrooms at LL Field, he reported soap supply issues to the Clerk. DPW replaced the soap and paper towel dispensers. He suppliedfour4 sanitizers for the restrooms. He is delighted that Nation Grid replaced the high-voltage towers in lower Menands. He is happy the Midland Farms primed and painted their storage tanks. He has picked up broken glass on Oakwood Avenue and Harts Lane. He supports the decision regarding repairs to truck #3. On 5/19/23, he removed a baseball cap and nylon ring left in the toilet. He then reported it to the Clerk and DPW. Dear Clerk Handerhan, Mayor, and Village Board, I hope this message finds you well. Ahead of the upcoming Village Board Meeting on Monday, June 26, 2023, I wish to propose three questions to be addressed during the Open Forum session. These questions are in regard to the ongoing situation with Fusion Recovery and the issuance of the Certificate of Occupancy (CO). The concerns of many village residents, myself included, continue to grow, and we believe that these are critical issues that require the Board’s attention: 1. With regard to the New York Office of Addiction Services and Supports (OASAS) response to the Village’s letter, which did not address several key issues, does the Board have a planned course of action to address this? Can you provide a timeline for when this response might be formulated and sent? 2. Given the provision in the Menands Building Codes (Section 1202.5 (d)) that a CO issued based on incorrect information can be suspended or revoked, would the Board consider rescinding the CO for Fusion Recovery if substantial evidence supports this course of action? For instance, if it is determined that Fusion Recovery has misrepresented its intended operations in any way, could this be a viable path to follow? 3. Regarding zoning, the definition of a “medical facility” under our current zoning laws could arguably exclude Opioid Treatment Programs (OTPs). For instance, the reference to “medical or surgical care” might be taken to exclude OTPs, which primarily provide medication-assisted treatment and counseling, not medical or surgical care in the traditional sense. Is the Board open to clarifying this in the zoning ordinance and formally stating that OTPs do NOT meet the Zoning for a medical facility, based on this interpretive distinction? I believe that addressing these questions in the upcoming meeting will help to provide greater clarity for the community on the Board’s stance and intended actions regarding the Fusion Recovery issue. I appreciate your time and attention to these matters. Best Regards, Chuck Price Village Attorney Rehfuss responded to Chuck Price’s questions to the Board and a discussion followed. Resolution Number 230231 A motion was made by Trustee Marsh to approve the minutes of the June 5th, 2023, 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 Resolution Number 230232 A motion was made by Trustee Marsh to approve payments for the following, seconded by Trustee Lane. WARRANT #24: Void Ck # 14193 -$185.00 (duplicate payment Don paid by credit card) WARRANT # 26 ENC: GENERAL totaling $58,828.57 WATER totaling $11,888.95 SEWER totaling $ .00 TOTALS $70,717.52 WARRANT #2: GENERAL totaling $422,564.04 WATER totaling $ 65,647.05 SEWER totaling $ 52,254.36 TOTALS $540,254.36 PAYROLL # 1: totaling $ 99,000.98 (05/26/23-06/01/23) PAYROLL #2: totaling $100,760.62 (06/02/23-06/15/23) TOTALS $199,761.60 ADOPTED: Trustee Foley voting AYE Trustee Harris voting AYE Trustee Lane voting AYE Trustee Marsh voting AYE Mayor Grenier voting AYE Resolution Number 230233 A motion was made by Trustee Marsh, seconded by Trustee Foley, to accept The following resolution: RESOLVED that the Treasurer be, and hereby is, authorized to make the following Budget Transfers Account Account From Acct: A.1110.0154 Court To Acct: A.1110.0110 Description Clerk of Court Court Officer $2,070.00 $740.00 extra courts From Acct: ” To Acct: A.1110.0116 Court Description ” on-call Amount: ” $210.00 extra weekend From Acct: ” To Acct: A.1110.0152 Description ” Pt/OT Amount: ” $1,120.00 No Help From Acct: A.1325.0208 Clerk To Acct: A.1210.0400 Mayor Description Consultant Contractual Amount: $18,060.00 $440.00 NYCOM From Acct: ” To Acct: A.1620.0412 buildings Description ” Light, Power, Gas Amount: ” $17,590.00 converting lights in buildings From Acct: ” To Acct: A.1670.0401 Activities Description ” Supplies Amount: ” $30.00 under budgeted From Acct: A.3120.0103 Police To Acct: A.3120.0102 Police Description Full Time Patrolmen Supervisor Amount: $6,285.00 $1,000.00 Promotions, etc. From Acct: ” To Acct: A.3120.0105 Police Description ” O/T Amount: ” $3,650.00 no Pt help From Acct: ” To Acct: A.3120.0107 Police Description ” DWI patrol Amount: ” $680.00 waiting on a check from County From Acct: ” To Acct: A.3120.0417 Police Description ” Gas & Oil Amount: ” $907.00 Price increase From Acct: ” To Acct: A.3120.0418 Police Description ” Uniform Allow Amount: ” $48.00 Cleaning of uniforms From Acct: A.3120.0424 Police To Acct: A.3120.0422 Police Description Communications repairs Administrative exp Amount: $115.00 $115.00 under budgeted From Acct: A.3410 Fire Dept To Acct: A.3410.0208 Fire Dept Description Vehicle Maintenance Misc Equip Amount: $1,092.00 $420.00 Misc Equip From Acct: ” To Acct: A.3410.0404 Fire Dept Description ” Miscellaneous Amount: ” $222.00 Short transfer last time From Acct: ” To Acct: A.3410.0417 Fire Dept Description ” Gas& Oil Amount: ” $450.00 Price increase From Acct: A3620.0162 Safety Insp To Acct: A.3620.0101 Safety Inspection Description Fire Inspector Building Inspector Amount: $230.00 $230.00 Miss Calculation From Acct: A.5110.0102 Street To Acct: A.5110.0101 Street Description Sub Foreman Foreman Amount: $1,770.00 $350.00 Miss Calculation From Acct: ” To Acct: A.5110.0401 Street Description ” Supplies Amount: ” $665.00 Budget shortfall From Acct: ” To Acct: A.5110.0417 Street Description ” Gas& Oil Amount: ” $755.00 Price increase From Acct: A.5132.0412 Garage To Acct: A.5132.0415 Garage Description Light, Power, Gas Building Maintenance Amount: $925.00 $925.00 Budget shortfall From Acct: A.1990.0400 Contingent Account To Acct: A.7110.0412 Parks Description Light, Power, Gas Amount: $6,102.00 $4,980.00 converting lights in buildings From Acct: ” To Acct: A.7310.0449 Youth Description ” Instructors Amount: ” $317.00 Easter party From Acct: ” To Acct: A.8010.0100 Zoning Description ” Personnel Services Amount: ” $190.00 More Meetings From Acct: ” To Acct: A.8160.0103 Refuse Description ” Laborers Amount: ” $615.00 Change in Personnel From Acct: A.8160.0405 Refuse To Acct: A.8160.0417 Refuse Description Insurance Gas & Oil Amount: $151.00 $81.00 Price Inc From Acct: ” To Acct: A.8160.0419 Refuse Description ” Vehicle Maintenance Amount: ” $70.00 Under budgeted WATER FUND From Acct: F.1990.0400 To Acct: F.8310.0412 Administration Description Contingent Acct Light Power & Gas Amount: $11,810.00 $11,810.00 converting lights in buildings ADOPTED: Trustee Foley voting AYE Trustee Harris voting AYE Trustee Lane voting AYE Trustee Marsh voting AYE Mayor Grenier voting AYE Resolution Number 230234 The Treasurer requests the Board amend the 2022-2023 Fiscal Year Water Budget to cover the Engineering costs of the project in the south end of the Village. We will not be able to submit these to EFC for reimbursement until after August 6, 2023. He requests that Account F.8310.0453 be increased by $163,000. The money will be transferred from Water Saving until reimbursed. Also, he would like to amend the 2022-2023 Fiscal Year Sewer Budget to cover the Engineering costs of the project in the south end of the Village. Again, we will not be able to be reimbursed until after August 6, 2023. He requests that Account G.8120.0453 be increased by $193,000. The money will be transferred from the Sewer Saving account until reimbursed. This was discussed with the Village’s Accountants and was approved by them. After a discussion, Trustee Harris moved, seconded by Trustee Marsh, the following a resolution authorizing the Treasurer to amend the 2022-2023 Fiscal Year Water Budget by $163,000. to account for F.8310.04853. And that the 2022-2023 Fiscal Year Sewer Budget be amended by $193,000 to account for G.8120.0453. This will ensure that neither account is over budget for the 2022-2023 fiscal year. Trustee Marsh made motion to approve to amend the 2022-2023 Fiscal Year Water Budget to cover the Engineering costs of the project in the south end of the Village, 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 Mayor Grenier led a discussion regarding the paving of Menand Road and Brookside Avenue. A discussion followed. Resolution Number 230235 After a discussion, Trustee Harris made a motion to approve repaving Menand Road, Broadway to the railroad tracks at a cost of $110,750.00 and Brookside from Broadway to North Lyons Avenue at a cost of $69,875.00 from Callanan Industries, Inc. under state contract the total cost of $180,625.00, 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 Clerk for the treasurer reported to the Board that there were typos on the budget transfers at the meeting on 6/5/23 that were corrected. One was the amount transferred from account A.9010.0801 should have been $8,835. The Treasurer corrected the amount totals. Tom Bates from LaBella Associates led a discussion regarding the South End Water & Sanitary Sewer Improvements Bidding, Contract Award, & Construction Phase Services professional agreement. Discussion followed. After a discussion, the Board decided to table until the July 3rd, 2023, Board meeting to allow the Board more time to review. Mayor Grenier and the Clerk led a Discussion regarding Bids for the High Service Reservoir. The following Bids were received: Village of Menands Bid Tabulation Sheet High Service Reservoir Repairs Wednesday, June 21, 2023, 2:00 PM Project No. 2220974.10 CONTRACT 1 – GENERAL CONSTRUCTION Contractor Total Base Bid Total Bid Alternate 1 Total Bid Alternate 2 Total Bid Alternate 3 Total Bid Alternate 4 Dry Concrete – – – – – Schultz Contracting $411,000.00 $55,000.00 $76,000.00 $57,000.00 $193,000.00 PCC Contracting $270,990.00 $21,500.00 $99,240.00 $22,090.00 $59,510.00 After a discussion regarding the High Service Reservoir, the Board decided to table the decision until the July 3rd, 2023, Meeting. Assistant Chief Mike Steurer thanked Mayor Grenier for all her support to the Fire Department. Discussion followed. After a discussion, Trustee Marsh made a motion to approve the paving of Menands Road from Broadway to the Railroad Tracks at a cost of $110,750.00 and all of Brookside Ave at a cost of $69,875.00 by Callanan Industries under state contract, second 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 230236 Trustee Lane entered the following resolution: Resolution to Impose and Application Requirements and Fees on Utilities and Contractors seeking to Excavate in the Village of Menands Rights of Way The Village of Menands Board of Trustees had determined it is in the best interest and public safety of the residents of the Village of Menands to require utility companies and contractors seeking to excavate in the streets, sidewalks, and general rights of way of the Village of Menands, to submit an application for any such work within no less than 48 hours of performing excavation work. The Village of Menands reserves the right to impose an application fee of $150, fees established at $3.00 per square foot of excavated area and a deposit of $500 is to be held in escrow. Costs to the Village of Menands arising from the work may also be established. Application fees and deposits must be submitted to the Village Clerk. An Excavation Permit application completed by the entity must be reviewed and approved by the Foreman of the Department of Public Works (DPW) prior to the work being performed. The application fees and deposit may be waived by the DPW foreman in an emergency situation. The representative of the entity (utility company or contractor) must agree to abide by the Village of Menands excavation policy as described within the application. The Foreman of the DPW may waive the application timeframe and/or any associated fees in an emergency. Second by Trustee Marsh. ADOPTED: Trustee Foley voting AYE Trustee Harris voting AYE Trustee Lane voting AYE Trustee Marsh voting AYE Mayor Grenier voting AYE Chief Ryan St Gelais and Mayor Grenier led a discussion regarding the MOU with the following Police Agencies regarding High-Intensity Law Enforcement Activity: The city of Watervliet, the City of Cohoes, the Village of Green Island, and the Village of Menands. Discussion followed. Resolution Number 230237 After a discussion Trustee Marsh made a motion to approve the MOU with the following Police Agencies regarding High-Intensity Law Enforcement Activity: The city of Watervliet, the City of Cohoes, the Village of Green Island, and the Village of Menands, 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 The Clerk led a discussion regarding the bids received for the replacement of the windows at the Firehouse. The Following Bids were received: Advance Glass $83,725.00 (Only can-do aluminum Widows) McGuirk Contracting $26,620.00 Comfort Window Company $19,512.00 Resolution Number 230238 After a discussion, Trustee Marsh made a motion to approve Comfort Window Company to replace the Firehouse Windows at a cost of $19,200.00, second by Trustee Harris. ADOPTED: Trustee Foley voting AYE Trustee Harris voting AYE Trustee Lane voting AYE Trustee Marsh voting AYE Mayor Grenier voting AYE Discussion regarding tree removal at the park. After a discussion, the Board decided to table until further quotes could be received The Clerk advised the Board of the following: Rooftop Units have been installed at the Firehouse with programmable thermostats The DPW Dump Truck has been delivered and is now in service The Clerk stated that the Water & Sewer Bills were mailed on July 1st, 2023, and the Annual Audit will begin the second week of July. Red Cross Blood Drive will be Tuesday, August 15, 2023, from 11 AM to 8 PM. Mayor Grenier thanked Trustee Diane Foley for her years of service and her hard work on the Military Banners. At 8:11 P.M., Trustee Marsh made a motion to enter into Executive Session to discuss the following legal and personnel matters, 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 regular meeting reconvened at 8:48 P.M. Resolution Number 230239 Trustee Marsh made a motion to amend the previous pay increase of 7.5% of the DPW Foreman’s salary above the top rate of the Sub-Foreman on June 5th retroactive to June 1st, 2023, to a 15% increase of the Foreman’s salary above the Sub-Forman top rate salary retroactive to June 1st, 2023, 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 230240 Trustee Lane made a motion to approve Albany County Sheriff’s Dispatch to Dispatch for the Menands Police Department for the 11-7 shift due to a lack of personnel to fill the shift, 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 230241 Trustee Harris made a motion to approve changing the Village Email and Website from com to gov, 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 A motion was made by Trustee Marsh 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 8:50 P.M. ____________________ Donald Handerhan Village Clerk
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