The regular semi-monthly meeting of the Board of Trustees of the Village of Menands was held on Monday, August 15th, 2016 and called to order by Mayor Megan Grenier at 6:03 P.M.

PRESENT:

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

Also attending: Mike Hagmann, Bill Garvey, Brian Marsh, Bill Nevins, Janet O’Brien Aram, Kirk Montanye, Michael Arcangel, Eric Johnson.

The Mayor led the Pledge of Allegiance.

Mr. Michael Arcangle presented plans to the Board of Trustees for the expansion of 431 Broadway. Mr. Eric Johnson, Village Engineer, commented to the Board that there should be an updated Site Plan to show the elimination of some parking spaces as well as the additional fire hydrant according to Fire Department specifications.

Trustee Harris introduced the follow resolution:

Resolution of the Menands Village Board
Adopting a SEQRA Negative Declaration and
Granting Site Plan Approval for 431 Broadway Site Plan
In Menands S.B.L. 44.19-1-6

Whereas, 431 Broadway, LLC requests Site Plan approval for the construction of a 15,818 square foot addition to the existing building within the Broadway Business District; and

Whereas, the applicant prepared and completed Part 1 of the Short Environmental Assessment Form; and

Whereas, the applicant has requested the Village Board to conduct an uncoordinated environmental (SEQRA) review as the Lead Agency; and

Whereas, the Village Board has accepted Lead Agency status and classified the project as an Unlisted action under SEQRA; and

Whereas, the Village Zoning Board of Appeals Board, on July 7, 2016, granted a variance according to Chapter 93 of the Village Code permitting construction in the floodplain; and

Whereas, the Village Board found the proposal to be in conformance with the Zoning Laws of the Village of Menands; and

Whereas, the Village Board reviewed the Short Environmental Assessment Form as well as the project application materials,

Now, Therefore Be IT Resolved that based on a review of this application and the Environmental Assessment Form and supporting materials, on August 15, 2016, the Village Board hereby issues a SEQRA Negative Declaration.

Further, the Village Board hereby issues site plan approval with the following condition:

The resolution was seconded by Trustee Nicoll.

Trustee Harris made a motion, seconded by Trustee Foley for Final Site Plan approval contingent on the recommendations of the Village Engineer and the Fire Department.

ADOPTED:

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

Open Forum:

Resident Bill Garvey stated that Glenwood Road and Oakwood Avenue and Elmwood Avenue are in need of repair and should be included in the next budget.

Bill also said that on August 5th, 2016 between 6:30 A.M. and 7:00 A.M. he heard a gun shot and found out that it was the Menands Police who shot a rabid animal.

Mr. Garvey informed the Board that he will be there to help clean-up at the Village Picnic.

He was surprised to hear that Menands School had homeless students and is hopeful that they are taken care of.

Resident Janet Aram asked if there were any updates on the water issues in front of her property. Attorney Rehfuss responded.

A motion was made by Trustee Boulet, seconded by Trustee Nicoll to accept the minutes of the proposed Local Law # 5 to amend Chapter 120 of the Village Code “Parks and Recreation” adding language for “Tobacco Free Parks”.

Proposed Local Law # 5 of 2016 amending Chapter 120 PARKS AND RECREATION

§120-4 Smoking – Free environments for all Village of Menands Parks and Playgrounds:

Objective: To establish a policy to create a smoke-free environment for all Village of Menands Parks and Playgrounds.

Reference: New York State Public Health Law Article 13-E, N.Y. PUB. HEALTH LAW 1339-r.

Policy Statement: Tobacco-Free parks enhance visitors’ enjoyment of clean air, natural beauty and healthy activities, reduce tobacco related litter, communicate a positive message to the community that tobacco use is not compatible with active, healthy living and reduces maintenance and fire risks.

§120-5 General Information:

Definitions:

Tobacco Products include, but are not limited to, any product containing combustible tobacco such as cigarettes, pipes, cigars, hookah; smokeless tobacco products such as chew, spit, dip and snuff; herbal cigarettes; and electronic
nicotine delivery systems (any battery operated device designed to emit a nicotine vapor upon inhalation without being lit) such as e-cigarettes and vape pens.

Tobacco Use is the act of using any tobacco product and the act of smoking or carrying a lighted cigar, cigarette, pipe or other smoking material or device.

Village of Menands Parks/Playground includes: Ganser Smith Park, Hutton Street Park, Polk Switzer, and that portion of Sage Estates deemed forever wild.

§ 120-6 Scope: The use of any tobacco product is prohibited in all Parks and Playgrounds located in the Village of Menands.

§ 120-7 Compliance: Signage will be posted in all Parks and Playgrounds in the Village of Menands to notify the public of this ordinance.

§ 120-8 Enforcement: Any violation of this chapter is hereby declared to be a nuisance. Violations include warnings for a first offense with fines of $100 for each repeat offense.

ADOPTED:

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

A motion was made by Trustee Nicoll, seconded by Trustee Foley to accept the minutes of the August 1st, 2016 Board Meeting.

ADOPTED:

Trustee Boulet voting ABSTAINED
Trustee Foley voting AYE
Trustee Harris voting ABSTAINED
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 # 6:

GENERAL totaling $52,008.28
WATER totaling $ 8,940.04
SEWER totaling $ .00
TOTALS $60,948.32

PAYROLL # 5: totaling $82,928.26
(07/22/16 – 08/04/16)

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 the bid for a new phone system for 280 Broadway that was submitted by First Light in the amount of $10,289.44.

ADOPTED:

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

The Clerk reminded the Board of the NYCOM Fall Training School to be held Monday, September 12th – Friday, September 16th at the Hilton in Saratoga Springs let Cheryl know if you are interested in attending.

The Clerk reminded the Trustees that the next Village Board Meeting is scheduled for Tuesday, September 6th, 2016 due to the Labor Day Holiday on Monday.

At 6:38 P.M. Trustee Harris made a motion, seconded by Trustee Boulet to enter into Executive Session for a legal 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 7:30 P.M.

The follow bids were received for the 2016 Village Road Improvements:

Del Signore Blacktop Paving $267,375.00
Callanan, Inc. $238,480.00
Rifenburg Construction, Inc. $247,867.50
Peter Luizzi Brothers $194,525.00

A resolution was made by Trustee Foley accepting the second low bidder (Callahan, Inc.), based on the recommendation from the Village Engineer to reject the low bidder as a result of the Village’s prior experience with the low bidder, and for the failure of the low bidder to meet contract specifications/qualifications.

A motion was made by Trustee Foley, seconded by Trustee Harris to approve the bid submitted by Callanan, Inc. in the amount of $238,480.00.

ADOPTED:

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

Trustee Nicoll made a motion, seconded by Trustee Harris to set a public hearing date for Tuesday, September 6th, 2016 for proposed Local Law #6 of 2016, to amend Chapter A172 Site Plan Review Regulations of the Menands Village Code adding a new Section A172.4.

Propose Local Law # 6 of 2016

4. The Village may require an applicant to deposit in escrow a reasonable amount established by the Village to pay for fees and/or costs of any engineer, consultant or attorney designated or hired by the Village to review any application for a building

permit, site plan review or approval of such application. The fee and/or costs charged by such engineer, consultant or attorney in connection with such review will be charged against the sum deposited in escrow. Any amount held in escrow will be at the sole discretion of the Village. Any amount remaining shall be returned to the applicant within 45 days of final action on the application.

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 7:35 P.M.

_______________
John P. Berry, Jr.
Clerk

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