The regular semi-monthly meeting of the Board of Trustees of the Village of Menands, held on March 19th, 2012 was called to order by Mayor Megan Grenier at 7:00 P.M.
PRESENT:
Megan Grenier, Mayor
Timothy A. Lane, Trustee
Mark Lansing, Trustee
Mike Mackay, Trustee
Aileen Nicoll, Trustee
John T. Stangle, Village Clerk
William T. Smith, Village Treasurer
Stephen Rehfuss, Village Attorney
Paul Reuss, Exec Asst to the Mayor
Also attending: Angelo Primo, Bill Garvey, Dani Rizk, Scott Reese, Paul Cooney, Theresa Montanye, Ed. Degen, Peggy Kelly, Michael Freshman.
The Mayor led the Pledge of Allegiance.
Angelo Primo described his dispute with his neighbor over water and sewer lines he gave the Board a letter.
Ed Degen questioned the Board on the requirements for a permissive referendum the Village Attorney stated that citizens need to seek outside counsel on the requirements.
Peg Kelly asked that the street sweeper do North Pearl Street.
A motion was made by Trustee Lane seconded by Trustee Nicoll to accept the minutes of the February 21st, 2012 Public Hearing amending Chapter 169 Article 13 §169-41 adding a position for an alternate Zoning Board of Appeals seat.
ADOPTED:
Trustee Lane voting AYE
Trustee Lansing voting ABSTAINED
Trustee Mackay voting ABSTAINED
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
A motion was made by Trustee Lane seconded by Trustee Nicoll to accept the minutes of the February 21st, 2012 Board Meeting.
ADOPTED:
Trustee Lane voting AYE
Trustee Lansing voting ABSTAINED
Trustee Mackay voting ABSTAINED
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
A motion was made by Trustee Lansing seconded by Trustee Lane to accept the minutes of the March 5th Board Meeting.
ADOPTED:
Trustee Lane voting AYE
Trustee Lansing voting AYE
Trustee Mackay voting AYE
Trustee Nicoll voting ABSTAINED
Mayor Grenier voting AYE
Trustee Lansing made a motion seconded by Trustee Mackay to amend Section 169 Article 13 ﾧ 169-41 of the Code of the Village of Menands Zoning Board of Appeals.
ADOPTED:
Trustee Lane voting AYE
Trustee Lansing voting AYE
Trustee Mackay voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
A motion was made by Trustee Lansing seconded by Trustee Nicoll to accept the minutes of the March 7th, 2012 Budget Workshop.
ADOPTED:
Trustee Lane voting ABSTAINED
Trustee Lansing voting AYE
Trustee Mackay voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
A motion was made by Trustee Lansing seconded by Trustee Mackay to approve payment for the following:
WARRANT #20:
GENERAL totaling $27,546.25
WATER totaling 6,792.51
SEWER totaling 16,647.58
TOTAL $50,986.34
CAPITAL PROJECTS: totaling $ 275.00
PAYROLL # 21: totaling $74,689.00
(02/24/12 – 03/08/12)
ADOPTED:
Trustee Lane voting AYE
Trustee Lansing voting AYE
Trustee Mackay voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
BOND RESOLUTION
SUBJECT TO PERMISSIVE REFERENDUM
At a regular meeting of the Board of Trustees of the Village of Menands, Albany, County, New York, held at the Village Hall, in Menands, New York, in said Village, on the 19th day of March, 2012, at 7:00 o’clock P.M. Prevailing Time.
The meeting was called to order by Mayor Grenier, and upon roll being called, the following were
PRESENT:
Trustee Lane
Trustee Lansing
Trustee Mackay
Trustee Nicoll
Mayor Grenier
The following resolution was offered by Trustee Lansing, who moved its adoption, seconded by Trustee Mackay, to-wit:
BOND RESOLUTION DATED MARCH 19, 2012.
A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, RECONSTRUCTION OF PORTIONS OF THE WATER DISTRIBUTION SYSTEM, IN AND FOR THE VILLAGE OF MENANDS, ALBANY COUNTY, NEW YORK, AT
A MAXIMUM ESTIMATED COST OF $1,300,000 AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $1,300,000 SERIAL BONDS OF SAID VILLAGE TO PAY THE COST THEREOF.
WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act as a Type II Action, have been performed; and
WHEREAS, it is now desired to authorize such capital project and it’s financing; NOW, THEREFORE, BE IT
RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Board of Trustees of the Village of Menands, Albany County, New York, as follows:
Section 1. Reconstruction of portions of the water distribution system, in and for the Village of Menands, Albany, County, New York, including original furnishings, equipment, machinery, apparatus and other improvements incidental thereto, subject to permissive referendum, is hereby authorized at a maximum estimated cost of $1,300,000.
Section 2. It is hereby determined that the plan for the financing of the aforesaid maximum estimated cost is by the issuance of $1,300,000 of serial bonds of the Village hereby authorized to be issued therefore pursuant to the provisions of the Local Finance Law.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years.
Section 4. The faith and credit of said Village of Menands, Albany County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on
such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Village, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes is hereby delegated to the Village Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Village Treasurer, consistent with the provisions of the Local Finance Law.
Section 6. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Village Treasurer, the chief fiscal officer of such Village. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Village Treasurer shall determine consistent with the provisions of the Local Finance Law.
Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Village Treasurer, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he/she shall deem best for the interests of said Village, including, but not limited to, the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, he/she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Village
Treasurer shall be a full acquaintance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money.
Section 8. The Village Treasurer is hereby further authorized, at his/her sole discretion, to execute a project finance and/or loan agreement, and any other agreements with the New York State Department of Health or Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said Village in the event of the sale of same to the New York State Environmental Facilities Corporation.
Section 9. The power to issue and sell notes for said specific object or purpose to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Village Treasurer. Such notes shall be of such terms, form and contents as may be prescribed by said Village Treasurer consistent with the provisions of the Local Finance Law.
Section 10. The validity of such bonds and bond anticipation notes may be contested only if:
1) Such obligations are authorized for any object or purpose for which said Village is not authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 11. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.
Section 12. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Village for such purpose, together with a notice of the Village Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
Section 13. Pursuant to the provisions of Section 36.00 of the Local Finance Law, this resolution is adopted subject to permissive referendum.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows:
Trustee Lane voting AYE
Trustee Lansing voting AYE
Trustee Mackay voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
The resolution was thereupon declared duly adopted.
Planning Board Site Plan Review:
B & B Auto Sales described their proposed operations at 50 Broadway. The Board had several questions and asked B & B to address them and then come back before the Board with a final Site Plan.
Code Enforcement Officer Reuss discussed the Village’s proposed application to the NYS Brownfield Opportunity Area Program. The Board asked that Elan Associates come before the Board to explain the Program and set the required Public Meeting for the application to be held on Monday, March 26th, 2012 at 7:00 P.M. at the Village Hall.
Mayor Grenier presented her Preliminary Budget for 2012 – 2013 to the Board and set the Public Hearing on the Budget for Wednesday, April 11th, 2012 at 6:00 P.M. at Village Hall.
The Clerk reminded everyone that the Youth Easter Party is scheduled for Saturday, March 31st, 2012 from 10:00 A.M. to 12:00 P.M. at Ganser Smith Park help is always appreciated.
A motion was made by Trustee Lansing seconded by Trustee Mackay to continue to March 26th, 2012 at 6:00 P.M.
ADOPTED:
Trustee Lane voting AYE
Trustee Lansing voting AYE
Trustee Mackay voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
The meeting was duly adjourned at 8:50 P.M.
At 6:00 P.M. Deputy Mayor Mark Lansing reconvened the Board Meeting from Monday, March 19th, 2012.
PRESENT:
Timothy A. Lane, Trustee
Mark Lansing, Trustee
Mike Mackay, Trustee
Aileen Nicoll, Trustee
ABSENT:
Megan Grenier, Mayor
Elan Associates gave a presentation on the Brownfield Program.
Trustee Lansing made a motion seconded by Trustee Nicoll for the Village to make application for the Brownfield Opportunity Area Grant Program.
ADOPTED:
Trustee Lane voting AYE
Trustee Lansing voting AYE
Trustee Mackay voting AYE
Trustee Nicoll voting AYE
A motion was made by Trustee Nicoll seconded by Trustee Lane to award the bid to resurface the Firehouse Truck Floor to Engine Bay Floors in the amount of $20,646.84.
Trustee Lansing made a motion seconded by Trustee Mackay to declare the 2003 Ford Explorer as surplus.
ADOPTED:
Trustee Lane voting AYE
Trustee Lansing voting AYE
Trustee Mackay voting AYE
Trustee Nicoll voting AYE
Trustee Mackay made a motion seconded by Trustee Lane to adjourn at 6:50 P.M.
ADOPTED:
Trustee Lane voting AYE
Trustee Lansing voting AYE
Trustee Mackay voting AYE
Trustee Nicoll voting AYE
______________
John T. Stangle
Village Clerk