The regular semi-monthly meeting of the Board of Trustees of the Village of Menands, held on Monday, August 7, 2017 was called to order by Mayor Megan Grenier at 6:00 P.M.
PRESENT:
Megan Grenier, Mayor
Steve Boulet, Trustee
Diane Foley, Trustee
Aileen Nicoll, Trustee
Donald Handerhan, Village Clerk
Stephen Rehfuss, Village Attorney
ABSENT:
Paul Reuss, Exec Asst to Mayor
Seth H. Harris, Trustee
Also attending: Bill Garvey, Brian Marsh, John Stangle, Emma Conway, Lyle Darmetko, Bill Nevins, Kirk Montanye.
The Mayor led the Pledge of Allegiance.
Open Forum:
Resident Bill Garvey thanked the Board for passing Local Law #2 of 2017 Collection, Donation, Bottle & Recycling Bins. He also thanked DPW for removing weeds on Tillinghast Avenue.
Mr. Garvey stated that the fire extinguisher at Stewarts is blocked and is not accessible. The gazebo and the new house at 380 Broadway look good.
Resident Bill Nevins agreed that the gazebo looks great. He also wanted to thank DPW for their great work. He also thanked the Village for their assistance on Route 377, stating that the low speeds are working. Mr. Nevins questioned the missing dash lines for turning at Wolfert and Amsterdam Avenues. A discussion followed.
Resident John Stangle stated that he read the report put out by Albany County on Shared Services and in the report, there was discussion about combined dispatch with Albany County or Colonie which would create a saving for the Village of $2,700.
Mayor Grenier stated she saw the report and the data was from 2011. The Mayor is inquiring on where they came up with that number.
A motion was made by Trustee Nicoll, seconded by Trustee Foley to accept the minutes of the July 17th, 2017 Board Meeting.
ADOPTED:
Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
A motion was made by Trustee Foley, seconded by Trustee Boulet to approve payment for the following:
WARRANT # 5:
GENERAL totaling $136,571.09
WATER totaling $107,223.60
SEWER totaling $ 4,383.00
TOTALS $248,177.69
PAYROLL # 4: totaling $ 97,842.35
(07/07/17 – 07/20/17)
PAYROLL # 5: totaling $ 85,134.54
(07/21/17 – 08/03/17)
TOTALS $182,976.89
ADOPTED:
Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
The Treasurer requested the board to authorize the transfer of $120,000 from the Water Fund Unappropriated Account to F.8340.0430 Outside Contractors to cover the cost of the Wards Pump Station project. This money was in last year’s budget but the project was not finished until this year.
Trustee Boulet moved, seconded by Trustee Nicoll a motion authorizing the Treasurer to transfer $120,000 from the Water Fund Unappropriated Account to F.8340.0430 Outside Contractors to cover the cost of the Wards Pump Station project.
ADOPTED:
Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
Trustee Boulet introduced the following agreement, seconded by Trustee Nicoll.
ADOPTED:
Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
STORMWATER MANAGEMENT
FACILITIES MAINTENANCE AND EASEMENT AGREEMENT
THIS AGREEMENT is made and entered into the 7th day of August, 2017, by and between: Harmony Prima Lofts, LLC, a New York Limited Liability Company, having an address of 191 Harborview South, Lawrence, NY 11559, hereinafter referred to collectively as “the Facility Owner”, and Village of Menands, a New York Municipal Corporation having an address of
280 Broadway, Menands, NY 12204 hereinafter referred to as “the Village”.
WITNESSETH:
WHEREAS, the Facility Owner will be the owner of certain proposed Stormwater Management Facilities to be located on certain land situated on 14.4 acres of land, more particularly described in Schedule A attached hereto (the “Property”); and
WHEREAS, the Property has undergone a residential conversion, adaptively reusing the improvements to include 145 residential dwelling units; and
WHEREAS, the Village and the Facility Owner hereby confirm that the Stormwater Management Facilities were built in accordance with the approved project documents and shall be maintained, cleaned, repaired, replaced and continued in perpetuity in order to ensure optimum performance of the components. Therefore, the Village and the Facility Owner agree to the following:
The NYS Department of Environmental Conservation and the Village have requested this legally binding and enforceable maintenance and easement Agreement concerning the Stormwater Management Facilities, which consist of 5 (five) stormwater detention basins and related facilities, as described on the map labeled Drainage and Grading Plan, dated January 2, 2013, last revised December 23, 2014, annexed hereto as Schedule B and made a part hereof. The Facility Owner remains solely responsible for operation and maintenance of the Stormwater Management Facilities, and the Village assumes no operation or maintenance control or responsibility hereunder with respect thereto. This Agreement binds the Village and the Facility Owner, its successors and assigns.
The Facility Owner agrees it has now installed and shall maintain, clean, repair, replace and continue the Stormwater Management Facilities for the lifetime of the facilities. In addition, the Facility Owner shall provide for the periodic inspection of the Stormwater Management Facilities not less than once in every 12 months to determine the condition and integrity of the system. Such inspections shall be performed by a Professional Engineer licensed by the State of New York. The inspecting engineer shall prepare and submit to the Village within 30 days of inspection, a written report of the findings including recommendations for those actions necessary for the continuation of the system. The inspection engineer’s report shall be certified to both the Facility Owner and the Village. The Facility Owner shall undertake necessary repairs and replacement of the stormwater control measures in accordance with the recommendations of the inspecting engineer in a timely manner.
The Facility Owner hereby grants to the Village, its authorized agents, contractors and employees, a permanent easement which runs with the land to enter upon the Property at reasonable times to inspect the stormwater control measures whenever the Village deems necessary to ensure that the facility is maintained in proper working condition to meet design standards, and to undertake such steps as the Village deems reasonably necessary for the preservation, continuation or maintenance of the stormwater control measures. It is expressly understood and agreed that the Village is under no obligation to construct or routinely maintain or repair the stormwater control facilities, and in no event shall this Agreement be construed to impose any such obligation on the Village.
If the Facility Owner fails to maintain the Stormwater Management Facilities, the Village may, at its option, perform whatever maintenance activities are required and bill the costs thereof to the Facility Owner. In the event the Facility Owner fails to pay such costs, the Village may assess such costs against real property owned by the Facility Owner as delinquent taxes, and the Facility Owner by this Agreement consents to the placement of a tax lien upon such real property owned by the Facility Owner. In addition, and at its option, the Village shall have the right to obtain a judgment for all such delinquent amounts, including reasonable attorneys’ fees.
The Facility Owner shall not authorize, undertake or permit alteration, abandonment, modification or discontinuation of the Stormwater Management Facilities except in accordance with written approval of the Village.
The Facility Owner and all successors, heirs, assigns and transferees are hereby placed on notice that the Village has enacted Local Law No. 21-2007 of December 17, 2007, a local law establishing regulations regarding erosion, sediment control and stormwater management in the Village of Menands, and prohibiting discharges, activities and connections to separate storm sewer systems in the Village of Menands, and compliance with such local laws, including any amendments thereto, is required.
This Agreement shall be binding upon the Facility Owner and the Village and any successors, heirs, assigns or transferees of the Facility Owner taking possession or control of the Stormwater Management Facilities. The Facility Owner shall disclose this Agreement to any successor, assignee in interest, or other transferee. The Village shall be placed on written notice at least thirty (30) days prior to any such transfer or assignment.
This Agreement may not be amended except in writing, signed by the Village.
This Agreement shall constitute a covenant running with the land, and shall be binding on the Facility Owner, its administrators, executors, assigns, heirs, and any other successor in interest and shall be recorded in the Office of the Albany County Clerk.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first above written.
Harmony Prima Lofts, LLC
By: _ _ Name: Uri Kaufman
Title: Member
STATE OF NEW YORK )
) ss.:
COUNTY OF ALBANY )
On this day of August, 2017, before me, the undersigned, personally appeared Uri
Kaufman, personally known to me or on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.
Notary Public – State of New York
A motion was made by Trustee Boulet, seconded by Trustee Foley to list the 1990 International Recycling Truck (Vin No. 1HTSBZRK3MH343486) as surplus equipment.
ADOPTED:
Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
The Clerk informed the Board that starting September 1st ALL RECYCLING will be pick-up on Thursdays for the entire Village.
The Village is requesting bids for replacement of a flow valve at the Main Pump Station.
The Clerk advised of the Board of the Watervliet Interconnect Project
The Clerk reminded the Board of the 93rd Annual Village Picnic, Wednesday, August 16th starting at 5:00 P.M. (rain date Thursday, August 17th).
The Clerk reminded the Board of the NYCOM Fall Training School to be held Monday, September 11th – Friday, September 15th at the Hilton in Saratoga Springs let Cheryl know if you are interested in attending.
Trustee Boulet asked about Quiet Zone but due to Eric Johnson not attending the meeting there is not information as of yet.
At 6:27 P.M. Trustee Boulet made a motion, seconded by Trustee Foley to enter into Executive Session to discuss a personnel and legal matter.
ADOPTED:
Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
The regular meeting reconvened at 7:07 P.M.
Trustee Nicoll presented a resolution effective August 4, 2017 stating the Village will pay PT Recreation Employees at the New York State Minimum Wage, seconded by Trustee Foley.
ADOPTED:
Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
A motion was made by Trustee Foley, seconded by Trustee Boulet to adjourn.
ADOPTED:
Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
The meeting was duly adjourned at 7:10 P.M.
________________
Donald Handerhan
Clerk