nextstep Meeting Minutes The regular semi-monthly meeting of the Board of Trustees of the Village of Menands, was held on Monday, August 7, 2023, was called to order by Mayor Brian Marsh at 6:00 P.M. PRESENT: Brian Marsh, Mayor Molly Harbour, Trustee Nicholas Kalogridis, Trustee Seth H. Harris, Trustee Timothy Lane, Trustee Donald Handerhan, Village Clerk Stephen Rehfuss, Village Attorney Ryan St. Gelais, Police Chief Also attending: Bill Garvey, Andy Brick, Sr. Teresa George DC R Duvall, Lance Dunn—, Chris Assini, Jeff Lundeau, John Coppon, Gabrielle delaGueronn, Stefu Kalogrids, Kathy & Joe Kelly, Catherine Sheridan, Mike & Susan Mackay, Teitsch, C Mattice, Charles Ansert, Mark Carnegie, Bill Nevins, Loretta Belmont, Cindy & Chuck Price, Steve Boulet, Christy Johnson, Bob Reid, Austin Davis, Jessica Basile, Nancy Murphy, Laura Harbour. Virtual attendance: Kevin Schwebke, Brandon Davis, Paul Harbour, Kathy Mosca, Beth Harbour, Cathy Zecdini, Nicole Lamadue, Joe Jenkins, Lisa Newuman, Drew Rokos, Peg Holland, Peter Wood, Scott Ho—-, Steve Tester, Adam Stojanovski, Mellisc Jeffers, Joe Skimer. The mayor stated Please be advised this meeting is being recorded. Today is Monday August 7th and it is 6pm, please rise for the Pledge. The mayor led the Pledge of Allegiance. Mayor Marsh opened the Public Hearing at 6:00 P.M. The Clerk read the following notice: PUBLIC HEARING FOR THE VILLAGE OF MENANDS A Public Hearing will be held on Monday, August 7, 2023, at 6:00 P.M. regarding Local Law #7 of 2023, for the Village of Menands. Amending Zoning Law Article 3 Chapter 169-20 – Broadway Business District (BBD) And Article 19 Chapter 169-94 – Definitions Local Law #7 for the Village of Menands Amending Chapter §169, “Zoning” of the Menands Village Code. Section 1: Legislative Intent. The Village Board finds that it is in the best interest of the Village of Menands to amend Chapter 169 of the Village Code entitled “Zoning” in order to revise certain provisions related to dispensing controlled substances. Section 2: Broadway Business District. Amend §169-20 – Broadway Business District (BBD) as follows: §169-20 E. Special Uses. The following uses are authorized [only] by special use permit approval pursuant to this chapter. Add – “Controlled Substance Dispensary” Section 3: Neighborhood District (T4). Amend §169-21 Neighborhood District (T4) as follows: §169-21 D. Site plan uses. The following are uses authorized with site plan approval pursuant to this chapter. Remove – “Medical Facility, 20,000SF” Section 4: Village District (T5). Amend §169-22 Village Center District (T5) as follows: §169-22 E. Special Uses. The following uses are authorized by special use permit approval pursuant to this chapter. Remove – “Cannabis Retail Dispensary” Section 5: Definitions. Amend §169-94, Definitions as follows: Add [“Controlled Substance Dispensary” – A business licensed by the New York State Office of Addiction Services (OASAS) that is registered to operate in the State of New York that sells, prescribes or otherwise distributes drugs, goods, or materials that are listed as controlled substances under the Federal Controlled Substances Act or the New York State Public Health Law to persons, and under conditions, authorized by the State of New York. These uses include opioid treatment, and medically assisted treatment programs. For the purposes of this chapter, Controlled Substance Dispensary shall not include Cannabis Retail Dispensaries, defined separately in this chapter.] Amend “Cannabis Retail Dispensary” – A retail facility for the sale of cannabis products [licensed by the Office of Cannabis Management (OCM)] pursuant to the New York State Marihuana Regulation and Taxation Act. Section 6: Severability: If any section of this local law shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this local law. Section 7: Filing: This local law shall take effect immediately upon filing with the New York State Secretary of State. All are encouraged to attend and comment at or to present comments in writing to Clerk Handerhan before noon on August 7, 2023, at email hidden; JavaScript is required. Such public hearings are open to the public and accessible to the handicapped. 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# The regular Board meeting to follow. Donald Handerhan Village Clerk Letter From the Legal Action Center Village of Menands Public Hearing on Local Law #7 Amending Chapter 169 of Village Zoning Law August 7th, 2023 Written Testimony submitted by Sally Friedman, Senior Vice President of Legal Advocacy for the Legal Action Center to Village Clerk Donald Handerhan, Village of Menands The Legal Action Center (LAC) is a New York-based non-profit law and policy organization that fights discrimination, builds health equity and restores opportunity for people with arrest and conviction records, substance use disorders, HIV and AIDS. For several decades, LAC has worked to expand adequate access to effective addiction treatment in New York and nationwide. We recently learned about the introduction of Local Law #7 of the Village of Menands, which would amend the Village Code to add “controlled substance dispensary” to the list of entities requiring a special use permit to locate in the Broadway Business District. The amendments also would add a definition of “controlled substance dispensary” that includes “opioid treatment and medically assisted treatment programs.” We believe that this law, if enacted, would likely subject the county to liability under federal anti-discrimination laws that protect the rights of individuals with disabilities. We are writing to urge the County to defeat this proposed law. The Americans with Disabilities Act (the “ADA”) and the Rehabilitation Act of 1973 (the “Rehabilitation Act”) both prohibit discrimination on the basis of disability. They require government entities and others to treat and evaluate individuals with disabilities objectively and fairly rather than on the basis of stereotypes and myths. It is well established that individuals with substance use disorder (SUD), including those who receive (or need) methadone for opiate use disorder have a “disability” under these laws and that the treatment programs who serve them are also protected from discrimination.1 It is equally established that local authorities must comply with these laws with respect to zoning and virtually all other activities.2 1 MX Group, Inc. v. City of Covington, 293 F.3d 326, 336-40 (6th Cir. 2002); BAART v. City of Antioch, No. C 98-2651 SI, 2000 WL 33716782, at *6 (N.D. Cal. Mar. 16, 2000); Start Inc. v. Baltimore County, 295 F. Supp. 2d 569, 576-77 (D. Md. 2003). See also Innovative Health Systems v. City of White Plains, 117 F.3d 37 (2d Cir. 1997), superseded on other grounds, Zervos v. Verizon N.Y., Inc., 252 F.3d 163, 171 n. 7 (2d Cir. 2001) (ruling that individuals with alcohol and drug addiction histories and their treatment providers are protected by the ADA and Rehabilitation Act.) 2 Innovative Health Systems v. City of White Plains, 117 F.3d 37 (2d Cir. 1997). Many SUD treatment programs – including opioid treatment programs (OTPs) – have won lawsuits in New York and elsewhere when local governments have enacted laws singling them out for additional requirements not imposed on health care providers serving other populations.3 Lawsuits also have succeeded when challenging zoning barriers enacted in response to community pressure based on unsubstantiated fears about people with disabilities rather than on objective evidence.4 3 See New Directions Treatment Services v. City of Reading, 490 F.3d 293, 305 (3rd Cir. 2007) (“a law that singles out methadone clinics for different zoning procedures is facially discriminatory under the ADA and the Rehabilitation Act”); Hispanic Counseling Ctr., Inc. v Incorporated Village of Hempstead, 237 F.Supp.2d 284, 296 (E.D.N.Y 2002) (preliminarily enjoining facially discriminatory zoning ordinance that barred SUD treatment facilities from all business districts); Human Resource Research and Management Grp. Inc., v. County of Suffolk, 687 F.Supp.2d 237, 267 (E.D.N.Y 2010) (zoning ordinance treating recovery homes for people with SUD differently from other facilities had no legitimate justification and violated ADA and Fair Housing Act); Potomac Group Home Corp. v Montgomery Cty., 823 F.Supp. 1285, 1302 (D. Md 1993) (enjoining facially discriminatory ordinance that prohibited methadone treatment program from locating within 500 feet of a residential use preliminarily enjoined). 4 See, e.g., Innovative Health Systems v. City of White Plains, 117 F.3d at 243 (outpatient SUD likely to prevail on claim that denial of zoning permit violated the ADA where “the evidence supports plaintiffs’ claim that defendants bowed to the political pressure exerted by certain members of the community”); MX Group, Inc. v. City of Covington, 293 F.3d 326, 336-40 (6th Cir. 2002); BAART v. City of Antioch, No. C 98-2651 SI, 2000 WL 33716782, at *6 (N.D. Cal. Mar. 16, 2000); Start Inc. v. Baltimore County, 295 F. Supp. 2d 569, 576-77 (D. Md. 2003), Smith Berch, Inc. v. Baltimore County, 115 F. Supp.2d 520 (D. Md. 2000) and 68 F. Supp. 602 (D. Md. 1999). 5 See petition at https://www.change.org/p/stop-the-proposed-fusion-recovery-methadone-clinic-in-menands-keep-our-community-safe. Specifically, the petition cites – Safety Risks: The introduction of a methadone clinic in our residential area could pose potential safety risks to our families, children, and the general public. Negative Impact on Property Values: The establishment of a methadone clinic in our neighborhood may result in a decrease in property values, affecting the financial stability of homeowners and businesses. Increased Traffic and Congestion: The proposed clinic could lead to increased traffic, noise, and congestion in our community, disrupting the peaceful atmosphere we currently enjoy. Inadequate Infrastructure: Our residential area may not have the necessary infrastructure to support the increased demand for services, parking, and public transportation that would come with the clinic. 6 ‘We don’t want you:’ Menands residents upset over addiction recovery clinic, available at https://www.timesunion.com/news/article/we-don-t-want-you-menands-residents-18117429.php The Local Law #7 amendment appears to be disability-based discrimination because it targets opioid treatment programs (“OTPs”) and other types of medically assisted treatment programs for different treatment than other types of health care facilities and is motivated by myths and stereotypes about people with the disability of OUD. We understand that the bill was introduced in response to community mobilization opposing the siting of an OTP to be operated by Fusion Recovery. In a petition circulated on change.org, opponents of the facility cited unsubstantiated concerns about safety, property values, traffic, and parking – concerns similar to those deemed invalid in many court decisions because they are based on stereotypes and unfounded fears about people with OUD rather than objective facts.5 During a May 2022 hearing, similar comments were made, with several people shouting “We don’t want you here,” according to an Albany Times Union article.6 These purported community concerns and the animus expressed toward people with OUD overlook the fact that [can you insert here some good things about Fusion Recovery and the lack of any merit to the concerns? Here’s what we said in a prior letter: the Acacia Network, which is affiliated with the program’s operator, Promesa, has been successfully operating a methadone maintenance program for 10 years in a residential neighborhood of the Bronx, serving 550 men and women. The program is co-located with a daycare program serving 125 preschoolers and primary healthcare community center and is well respected with no reported incidents that have jeopardized anyone’s safety.] Moreover, studies show that methadone and other medication for OUD decrease crime generally7 and that siting of OTPs and other SUD programs does not increase crime in the surrounding area.8 7 National Institutes of Health, NIH Consensus Statement: Effective Medical Treatment of Opiate Addiction (1997), p. 12, available at http://consensus.nih.gov/1997/1998TreatOpiateAddiction108PDF.pdf; U.S. Dept of Health & Human Svcs, CDC, “Methadone Maintenance Treatment” (Feb. 2002), available at http://www.cdc.gov/idu/facts/methadonefin.pdf. 8 Susan J. Boyd et al, Use of a ‘microecological technique’ to study crime incidents around methadone maintenance treatment centers, Addiction Research Report, 2012; C. Debra M. Furr-Holden, Not in My Back Yard: A Comparative Analysis of Crime Around Publicly Funded Drug Treatment Centers, Liquor Stores, Convenience Stores, and Corner Stores in One Mid-Atlantic City, Journal of Studies on Alcohol and Drugs, Jan. 2016. Innovative Health Systems v. City of White Plains, 117 F.3d 37 (2d Cir. 1997). The zoning issues voiced in the current debate strike us as pretextual. Village of Menands officials would be wise to consult the experience of the City of White Plains, which cited similar concerns to prevent the relocation of an SUD treatment program to a residential area. In a landmark decision, the Second Circuit Court of Appeals held that the program and its patients were likely to succeed in proving that local officials, who bowed to the prejudices of the community, violated the ADA and Rehabilitation Act.9 Because of the legal, public health, and safety implications, we urge that you do not enact the above-referenced proposed zoning amendments and that you instead expedite the opening of desperately needed OTPs that can address Albany County’s overdose crisis. August 7, 2023 Village of Menands Village Legislature Letter from New York State Office of Addiction Services and Supports (OASAS) Re: Regarding Local Law #7 Amending Chapter 169 of Village Zoning Law Dear Legislatures, The New York State Office of Addiction Services and Supports (OASAS) submits the following comments on the proposed “Local Law No. ‘7’ for 2023” (hereinafter referred to as the Proposed Law) by the Village of Menands. As set forth below, this agency has serious concerns with the Proposed Law that seeks to set forth a separate and distinct special registration requirement solely applicable to “controlled substance dispensing facilities” licensed by the Office of Addiction Services and Supports or the Office of Cannabis Management. OASAS is the single state agency in New York State responsible for overseeing the provision of prevention, treatment, harm reduction and recovery services for substance use disorder (SUD) and problem gambling pursuant to Articles 19 and 32 of the Mental Hygiene Law. OASAS oversees a substantial network of over 1,700 statewide providers. OASAS has spearheaded efforts to expand access to addiction services in New York and has worked collaboratively with other state agencies to expand access to addiction services to ensure individuals in need of help are able to obtain services in a manner that is person-centered and effective. We are in the midst of an overdose epidemic. Overdose deaths are at an all-time high nationwide. The ubiquity of harmful additives like fentanyl and xylazine has much to do with the rise in overdose deaths linked with the illicit drug supply. As the overdose epidemic continues to grow, Albany County’s corresponding rates have continually exceeded those for the rest of the State. For instance, the Department of Health has developed a statistic known as an “Opioid Burden” which is derived from outpatient emergency department visits and hospital discharges for non-fatal opioid overdose, abuse, dependence, and unspecified use; and opioid overdose deaths. In 2020, out of 100,000 people, Albany’s opioid burden was calculated to be 236.4, as opposed to the rest of the State which is 217.8. Moreover, in 2020, Albany County had 22.3 opioid related deaths per 100,000 people (69 deaths in total) compared to 21.8 per 100,000 people in the rest of the State. Finally, in comparison to the rest of the State, Albany County also exceeded the amount of emergency department visits per 100,000 people. Not only is Albany County experiencing higher rates of overdose, but minority populations are becoming increasingly at risk. Between 2010 and 2020 death rates among Black or African Americans increased about five-fold, while also quadrupling among Hispanic or Latino New Yorkers. Considering continuing increases in overdose fatalities and the impact on our most vulnerable citizens, OASAS has significant concerns with the Proposed Law, which has been designed to delay or outright prevent, the placement of much needed treatment facilities. This proposal will exacerbate increasing rates while simultaneously worsening health disparities in communities of color. Furthermore, attempts to circumvent or stall the placement of facilities may conflict with the State’s preexisting legislative and regulatory framework. The existing framework requires that an existing or prospective provider of addiction services is required to obtain the prior approval of the Commissioner of OASAS before establishing, incorporating and/or constructing a facility or offering a service. See Mental Hygiene Law §§32.01, 32.05, 32.31. Part 810 prescribes the criteria and procedures applicable for obtaining such prior approval, as well as the procedural requirements for obtaining the required authorization to provide one or more services by either a prospective or existing provider. See 14 NYCCRR §§ 810. Additionally, the existing framework also provides for review by the Local Governmental Unit and the Behavioral Health Services Advisory Council. See Mental Hygiene Law §32.31; 14 NYCCRR § 810.8. Local laws that create an inconsistent patchwork throughout the State are contrary to the State’s intent, statutory obligation, and more importantly, harmful to the needs of our residents. Lastly, we also note that the Proposed Law may violate the Americans with Disabilities Act (ADA). Under the ADA, substance use addiction is a qualifying disability. The Proposed Law seeks to treat addiction differently than any other disease or disability and prevent people with disabilities from accessing treatment, both of which may be deemed discriminatory and thus a violation of the ADA. Due to the aforementioned issues, OASAS has serious concerns about the enactment of such a law. OASAS has and will continue to work closely with the County of Albany to ensure proper addiction services options are available that are consistent with the needs of the County. However, we strongly caution against attempts to circumvent access to treatment at the peril of people in dire need of services and supports. Sincerely, Trishia Allen General Counsel Hi Don, Please share with the board: I’m writing this email on opposition of the local law to change zoning that would not allow dispensing of controlled substances. This issue came up in the board meetings as opposition to Fusion Recovery, but this would not apply to Fusion. There will not be another addiction clinic coming to Menands, as there is little space, and the closeness does not make sense. I also think it’s important to think about the science rather than fear, stigma, discrimination, and scare tactics. Medication for Addiction Treatment (MAT) is life saving, and this is supported by evidence and backed by the federal government. In fact, I have a large project funded by the federal government which is implementing MAT in 750 primary care clinics across the country. By blocking MAT, Menands is at risk of negative publicity which would not look good for the village. Please consider my perspective when voting on this proposal. Thanks, Brett Brett Harris, DrPH Clinical Associate Professor Health Policy, Management, and Behavior University at Albany School of Public Health My name is Christopher Assini, I am person in long-term recovery and the Director of Policy for Friends of Recovery- New York. Friends of Recovery-New York represents the voice of individuals and families living in recovery from addiction ( which is over 260,000 self-identified New Yorkers), families who have lost a family member or people who have been otherwise impacted by addiction. The negative public perception, discrimination, shame and stigma that surrounds addiction has prevented millions of individuals and family members from seeking help. FOR-NY is dedicated to breaking down the barriers created by negative public perception that result in discrimination and policies that block or interfere with accessing recovery support services. FOR-NY has gathered the voices of a portion of the recovery community and we are writing you to voice their opposition to local law #7 in the Village of Menands. FOR-NY believes in person-centered, evidence-based practices and depriving individuals of the necessary tools to support their recovery is not only cruel, but potentially deadly. Albany and adjoining counties currently outpace the state in overdose deaths. Medicated Supported Recovery (MSR) or Medication Assisted Treatment (MAT) is an essential tool for those struggling with opioid use disorder. Stigma has for far too long stymied public health and addiction policy. We understand that individuals of this community have no doubt heard the countless horror stories surrounding poorly run clinics. However, we only hear about the problems- never the success stories. Millions of individuals are currently using some form of MSR- integrating back into the community- they are your neighbors, co-worker’s, friends and family. FOR-NY would be happy to work with the community providing any further training or education they can to assist individuals in their understanding around individuals struggling with SUD. Fusion Recovery has already reached out to us in their aims to ingratiate themselves within the community. While attending the public hearing in May I routinely heard from even the most stridently opposed to the opening of Fusion Recovery- the acknowledgement and desire for people struggling with SUD to get the help they need. To that we say, be courageous, stand behind those words, and save a life by joining us in opposition Local Law #7. Hi, I’m Darby Larkin, and I’m a jail social worker in reentry, helping people transition out of jail back to the community, once they’re released. I also do research in this field, and policy advocacy around criminal justice, mental health, and substance use, and this summer I’ve been doing a project for Legal Action Center, a legal aid nonprofit in NYC. I’ve been interviewing people who run programs for women coming out of incarceration in the Capital Region. The part of this law that concerns me is the amendment to require Medication Assisted Treatment, or MAT, and opioid treatment programs to get special approval from the village zoning board to be able to operate here. **joke**Because village zoning boards are so classically supportive of opioid treatment. A lot of people don’t know the research behind MAT, so I thought I’d start by sharing that. MAT is the primary treatment for opioid use disorder, worldwide. It consists of the three FDA-approved medications Methadone, Buprenorphine, and Naltrexone. It is meant to be part of an overall treatment plan with counseling, lifestyle changes, community resources, and social support. Research has consistently shown, over and over again, MAT saves lives. A meta-analysis from 2018, which pulled together 21 studies, showed the rate of death, for people dealing with opioid use, is 15x higher than the general population. For people with opioid use disorder, risk of overdose is 8 times higher for people who are not able to access medication assisted treatment. being forced to stop your MAT, which many people have to do when they come out of a NYS prison or jail that is now legally required to provide MAT or come from another area of the state that does provide this lifesaving treatment, also increases the risk of death, especially in the first two weeks. being able to access MAT is associated with a decrease in injection drug use, HIV infection, and major reductions in the death and overdose rate. Methadone is the most frequently used medication, and the hardest to find in Upstate New York. Upstate New York and specifically Albany County also have higher rates of overdose deaths than the rest of the state. So if you think it doesn’t happen here, you’ve been fortunate enough not to have a family member or friend go through it. two weeks ago we had a community panel discussion on recidivism in queensbury, and we talked quite a bit about the difficulty of getting people connected to the MAT they need in the North Country, because we have so few clinics and providers in Upstate. Doing my project for Legal Action Center, I’ve heard over and over again that we have nothing in Upstate NY. We have so few treatment programs, everybody has a waiting list, people are not able to access the treatment they need to get better and stay better. MAT and the need for better and more opioid treatment clinics is not just a problem in Albany, not just in Upstate NY – MAT is used all over the world as the primary treatment for opioid use disorder, and all over the US. for the last year I worked in Western MA with men in jail on MAT, where communities and governments are working together to expand MAT access and save more lives. And it is necessary specifically in Albany County, and yes here in Menands. You don’t get to say you agree with the “need for treatment as a matter of course”, but just not here. Because when everyone says not here, where are people supposed to go? Continue living and dying in the woods like they are now? That’s the reality of rural areas with no treatment services. Or should they stick to the alleyways and parking lots of Albany and Saratoga? Alison Lane, you said to a reporter you’re worried about drug sales and drug use happening around the clinic. This is something that some MAT clinics deal with – drug dealers target places that folks with potential addictions gather. Just like outside of AA and NA meetings – but it’s not a reason to block an AA meeting from starting. This is something that OASAS-licensed facilities, which you specifically target in this law, have dealt with across the state and country and have measures and tactics they’re developing to handle it. But I just want everyone to understand that drug use and sales don’t magically materialize when you build an MAT clinic – it’s already happening, and we’re not dealing with it. Like Chris Assini said, Albany has a very high overdose rate. MAT and treatment programs are finally doing something to reduce the opioid crisis, and MAT is the foundation of responding to the opioid epidemic. MAT is a necessary tool to help community members stay alive, so they have time to get access to other treatments, to reconnect with family, to get a job, to find stable housing. The research shows MAT is a tool to save lives, and its deeply irresponsible for the Village of Menands to make it harder for people to access lifesaving treatment, at a moment when much of the rest of the state is trying to come together to rebuild our communities in the wreckage of the opioid epidemic. We would much rather you join with us and listen to your community members who have struggled with opioid use disorder, because it does happen here, and it is needed here. Thank you for your time. A lengthy discussion followed. Hearing no more comments Mayor Marsh closed the Public Hearing at 6:45 P.M. Chief St Gelais and Mayor Marsh introduced Nicholas Orso as new Police Officer for the Village of Menands. Discussion followed. Resolution Number 240028 After a discussion Mayor Marsh appointed Nicholas Orso as a Full Time Police Officer. Trustee Harris made a motion approve the appointment of Nicholas Orso as a Full Time Police Officer at Step 3, second by Trustee Lane. ADOPTED: Trustee Harbour voting AYE Trustee Kalogridis voting AYE Trustee Harris voting AYE Trustee Lane voting AYE Mayor Marsh voting AYE Pre-Site Plan Presentation of 98 Menands Road Daughter of Charity Andrew Brick Introduced the Project to the Board Sisters Nancy Murphy and Teresa George explained History of the project. Daniel Hershberg Presented the Site Plan to the Board Jerry Walleck gave a Fly Around Visual Presentation of the project. Resolution Number 240029 After a discussion Trustee Harris made a motion to hold a Site Plan Public Hearing on August 24, 2023, at 6 PM for 98 Menands Road Daughter of Charity, second Trustee Lane. ADOPTED: Trustee Harbour voting AYE Trustee Kalogridis voting AYE Trustee Harris voting AYE Trustee Lane voting AYE Mayor Marsh voting AYE Open Forum: TO: All Menands Village Board Members FROM: Bill Garvey Jr. I got some important Village items as follows: He is completely and 100% opposed to marijuana shops located at 90 Broadway. Marijuana shops are dangerous and unsafe businesses. He’s delighted that the Cell Tower at Menands Farmers Market is done by which he supports it. He’s glad, the parking lot of former bowling lanes was repaired, and it looks much better. In addition, he’s glad the building got rehabilitated, prime and repainted so the building may, function as a warehouse center. He is delighted the Board approved repairs to Menand Road. He supported Boards decision to purchase new dump truck. He supports new windows for the firehouse. He is willing to help with cleaning up after the Village Picnic. He’ glad the men’s restroom has been repaired with new fixtures. He reported a vehicle parked too close to a fire hydrant on Clifford Road to the Police Dept. There are several fire hydrants in the Village covered by bush + weeds. He would like the DPW guys to remove brush + weeds from the fire hydrants. Scott Hobson asked the Board to consider putting a playground in the south end. A discussion followed. Laura Harbour asked for an update on the Railroad Tracks. The clerk advised he has been in contact with Canadian Pacific. A discussion followed. Bill Nevins advised the Board that the new streetlights are very bright. A discussion followed. A resident of Clifford Road asked if speed limit signs could be installed on Clifford Road. Steve Boulet asked about paving Menand Road to make sure the aprons are done correctly. A discussion followed. Resolution Number 240030 A motion was made by Trustee Harris to accept the minutes of the July 17, 2023, Board Meeting, seconded by Trustee Lane. ADOPTED: Trustee Harbour voting AYE Trustee Kalogridis voting AYE Trustee Harris voting AYE Trustee Lane voting AYE Mayor Marsh voting AYE Resolution Number 240031 A motion was made by Trustee Lane to approve payment for the following, seconded by Trustee Harbour. WARRANT # 5: GENERAL totaling $219,849.79 WATER totaling $ 58,508.60 SEWER totaling $ 28,628.95 TOTALS $306,987.34 PAYROLL # 5: totaling $126,187.06 (07/14/23-07/27/23) ADOPTED: Trustee Harbour voting AYE Trustee Kalogridis voting AYE Trustee Harris voting AYE Trustee Lane voting AYE Mayor Marsh voting AYE Resolution Number 240032 A motion was made by Trustee Harris, seconded by Trustee Lane, 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.3120.0103To Acct:A.3120.0108 DescriptionFull Time/PatrolmanLieutenant $31,856.00 $17,418.00 Negotiations From Acct: “To Acct:A.3120.0102 Description”Supervisor Amount:”$14,438.00 Negotiations From Acct: A.1990.0400To Acct:A.3123.0101 DescriptionContingent Account Police Chief Amount:$72,418.00 $6,603.00 Negotiations From Acct: “To Acct:A.5110.0101 Description”Foreman Amount:”$16,544.00 Negotiations From Acct: “To Acct:A.5110.0103 Description”Laborers Amount:”$24,472.00 Negotiations From Acct: “To Acct:A.8160.0103 Description”Laborers Amount:”$24,799.00 Negotiations From Acct: A.1110.0404To Acct:A.1110.0200 DescriptionCourt – MiscellaneousCourt – Equipment Amount:$1,000.00 $1,000.00 New Shredder From Acct: A.1910.0400To Acct:A.1620.0405 DescriptionUnallocated insuranceBuildings – Insurance Amount:$950.00 $950.00 Budget split off From Acct: A.1990.0400To Acct:A.3120.0208 DescriptionContingent AcctPolice – Equip/Misc Amount:$14,000.00 $11,000.00 Officers Cameras – Grant From Acct”To AcctA.6989.0100 ” Eccon Dev – Comm Events Coord ” $3,000.00 Not in Budget – New Position WATER FUND From Acct: F.1990.0400To Acct:F.8320.0103 DescriptionContingent AccountLaborers Amount:$11,915.00 $11,915.00 Negotiations From Acct: F.1990.0400To Acct:F.8340.0427 DescriptionContingent AcctMtce of Controls Amount:$20,000.00 $20,000.00 New SCADA System – Last yrs budget Resolution Number 240033 The Treasurer requests the Board amend the 2023-2024 Fiscal Year Budget to cover the costs of purchasing Body Cameras for the police department. A Department of Criminal Justice Services Grant for $38,000. which the Village received on February 24, 2023, and is in the unappropriated fund balance, to cover the costs. He requests that Account A.3120.0208 be increased by $38,000. After a discussion Trustee Harris moved seconded by Trustee Kalogridis the following, a resolution authorizing the Treasurer to amend the 2023-2024 fiscal Year Budget by $38,000 to account A.3120.0208 Police Equipment Miscellaneous. ADOPTED: Trustee Harbour voting AYE Trustee Kalogridis voting AYE Trustee Harris voting AYE Trustee Lane voting AYE Mayor Marsh voting AYE Resolution Number 240034 The Treasurer requests the Board amend the 2023-2024 Fiscal Year Budget to cover the costs of work done for the Court, for which a JCAP Grant of $23,000. was received on March 28, 2023, and is in the unappropriated fund balance. He requests that Account A.1620.0414 Building Equipment Repairs be increased by $23,000. After a discussion Trustee Kalogridis moved 2nd by Trustee Lane the following, a resolution authorizing the Treasurer to amend the 2023-2024 fiscal Year Budget by $23,000 to account A.1620.0414 Equipment Repairs. ADOPTED: Trustee Harbour voting AYE Trustee Kalogridis voting AYE Trustee Harris voting AYE Trustee Lane voting AYE Mayor Marsh voting AYE Pre-Site Plan Presentation of 50-56 Clifford Road Dominick Arico gave a presentation of construction of 2 buildings with 24 apartments at 50-56 Clifford Road. Discussion followed. Resolution Number 240035 After a discussion Trustee Harris made a motion to hold a Site Plan Public Hearing on August 24, 2023, at 6 PM for 50-56 Clifford Road Apartments, second Trustee Lane. ADOPTED: Trustee Harbour voting AYE Trustee Kalogridis voting AYE Trustee Harris voting AYE Trustee Lane voting AYE Mayor Marsh voting AYE Resolution Number 240036 There was a discussion regarding incorrect usage for 14 McDonald Circle. It was discovered there was an error with the meter reading the office manager provided to the Village, resulting in incorrect usage. Trustee Harris offered, seconded by Trustee Harbour the following resolutions: WHEREAS, Water and Sewer Account # 51-129-0 for 14 McDonald Cir water charges were based on incorrect usage. Now therefore, be it RESOLVED, that a total of $35,585.30 from Water will be adjusted off 14 McDonald Circles current bill, and be it further RESOLVED, that a total of $13,984.27 from Sewer will be adjusted off 14 McDonald Circles current bill. ADOPTED: Trustee Harbour voting AYE Trustee Harris voting AYE Trustee Kalogridis voting AYE Trustee Lane voting AYE Trustee Marsh voting AYE Resolution Number 240037 There was a discussion regarding incorrect usage for 14 McDonald Circle bldg. 14’s. It was discovered there was an error with the meter reading the office manager provided to the Village, resulting in incorrect usage. Trustee Harris offered, seconded by Trustee Harbour the following resolutions: WHEREAS, Water and Sewer Account # 51-130-0 for 14 McDonald Cir bldg. 17’s water charges were based on incorrect usage. Now therefore, be it RESOLVED, that a total of $42,613.58 from Water will be adjusted off 14 McDonald Circles current bill, and be it further RESOLVED, that a total of $16,738.55 from Sewer will be adjusted off 14 McDonald Circles current bill. ADOPTED: Trustee Harbour voting AYE Trustee Harris voting AYE Trustee Kalogridis voting AYE Trustee Lane voting AYE Trustee Marsh voting AYE Resolution Number 240038 Mayor Marsh advised the Board that after both the Village and School Attorneys have come to an agreement for the Menands School Resource Officer contract. COMMUNITY RESOURCE OFFICER AGREEMENT AGREEMENT IS MADE THIS 7th DAY OF August by and between the Board of Education of the Menands Union Free School District, having its principal place of business at 19 Wards Lane, Menands, NY 12204 (hereinafter referred to as “School Board”) and the Village Board of the Village of Menands, having its principal place of business at 280 Broadway, Menands, NY 12204 (hereinafter referred to as “Village”) WHEREAS, Education Law §2801-a was amended, effective July 1, 2019, to require school districts that retains law enforcement or public or private security personnel to enter into a written contract or memorandum of understanding that defines the relationship between the district, school personnel, students, school visitors, law enforcement, and public or private security personnel. WHEREAS, Education Law §2801-a further requires such contracts to be developed with the input of specified stakeholders, including parents, students, school administrators, teachers, collective bargaining units, parent and student organizations, and community members, as well as justice system representatives such as probation officers, prosecutors, defense counsels and courts familiar with school discipline. WHEREAS, pursuant to these discussions, the Village desires to provide a Community Resource Officer (CRO) to the Menands Union Free School District which officer shall be deployed in Menands School; and WHEREAS, the School Board and the Village wish to enter into an agreement defining the relationship between the CRO and the School Board, school personnel, students, and visitors, and to further define the roles, responsibilities, and involvement of the CRO within the school district. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The term of this Agreement is from September 1, 2023, through June 30, 2026. This Agreement may be sooner terminated by either party, with or without cause, upon thirty (30) days’ written notice. 2. The parties, in conjunction with the Menands Police Department, establish the following goals and objectives with regard to the CRO program in the Schools: (a) to maintain a safe campus environment that will be conducive to learning; (b) to create a unity between law enforcement, community and the youth of the school; (c) to serve as consultants to school staff, parents and youth on safety matters which will provide a better environment for the students and teachers in which to pursue their respective tasks; (d) to serve as a role model to students. 3. The Village agrees in conjunction with the Menands Police Department to provide a CRO during the term of this Agreement. The CRO shall be subject to the administration, supervision, and control of the Menands Police Department, unless otherwise provided in this agreement. 4. The Chief of Police of the Menands Police Department and the Superintendent for Schools for the District shall jointly select a police officer to serve as CRO assigned to the Menands School. 5. The District shall provide payment to the Village to cover the costs associated with placement of the CRO, payable as set forth in Appendix A. The CRO shall remain an employee of the Village and the Menands Police Department for all purposes and shall not be considered an employee of the District for any purpose. The Village shall be responsible for tax withholding requirements under federal, state, and local law and for issuing the W-2 or 1099 Form as required by law. 6. The Menands Police Department, in its sole discretion, shall have the authority to discharge and discipline the CRO. 7. The Village shall indemnify and hold harmless the Menands Union Free School District from any claims, suits or causes of action arising out of allegations of unfair employment practices brought by the CRO. 8. The Chief of Police shall be responsible for ensuring that substitute coverage is provided in the event of the absence or illness of the assigned CRO. The temporary substitute shall meet all required qualifications of the CRO and shall be capable of performing all CRO responsibilities set forth in this Agreement. 9. Any CRO to be appointed by the Menands Police Department shall have the following qualifications: a. The CRO shall be a full-time certified police officer. b. The CRO shall possess sufficient knowledge of applicable Federal and State laws and Village ordinances as well as the School Board’s policies and regulations. c. The CRO shall be capable of conducting in-depth investigations. d. The CRO shall possess an even temperament and set a good example for District students. e. The CRO shall possess communication skills conducive to functioning effectively within the school environment. 10. The responsibilities of the CRO as set forth below shall be performed under the supervision of the Superintendent and/or the Superintendent’s designee. The Superintendent or the Superintendent’s designee may determine at any time during the term of this Agreement, in his or her sole discretion, that the CRO shall not engage in any of the responsibilities listed herein: a. Abide by School Board policies, including all policies applicable to police, visitors, and contractors, and consult with and coordinate activities through the Superintendent and/or the Superintendent’s designee. However, the CRO shall remain fully responsible to the Menands Police Department in all matters relating to employment and supervision. b. The CRO shall develop an expertise in presenting various subjects, particularly in meeting Federal and State mandates in drug abuse prevention education and shall provide these presentations at the request of school personnel in accordance with the established curriculum. c. Encourage group discussions about law enforcement with students, faculty, and parents. d. School discipline is solely the responsibility of school administrators. The CRO will not be involved in the enforcement of disciplinary infractions under the District code of conduct or enforcement of the code of conduct. e. Attend meetings with parents and faculty groups to solicit their support and understanding of the CRO program and to promote awareness of latest CRO functions. f. Where possible, serve as a member of the relevant committees, familiarizing all community agencies which offer assistance to youths and their families, such as mental health clinics, drug treatment centers, etc. Where necessary, the CRO may make recommendations for referrals. g. Confer with the Superintendent and/or the Superintendent’s designee to develop plans and strategies to prevent and/or minimize dangerous situations on or near campus or involving students at school related activities. h. Perform such duties as determined by the Superintendent and/or the Superintendent’s designee. However, such duties shall not include things normally assigned to school personnel such as lunchroom or hall duty. Nothing herein shall preclude the CRO from being available in an area where interaction with students is expected. i. The CRO shall be familiar with and abide by school board policy and applicable law concerning interviews with students should it become necessary to conduct formal law enforcement interviews with students or staff on school property or at school functions under the jurisdiction of the School Board. j. Should it become necessary to conduct formal police interviews with students, the CRO shall adhere to District policy, Village policy, and any applicable federal or state legal requirements with respect to such interviews. Reports by the District to the police shall be made pursuant to applicable District policy, law, and regulations. k. The CRO shall act as a liaison for other law enforcement officers in matters regarding school board policies while those other officers are on school grounds. l. In order to assure the peaceful operation of school related programs the CRO shall, whenever possible, participate in or attend school functions. m. The CRO shall reaffirm the role as law enforcement officer by wearing the Menands Police Department uniform, unless doing so would be inappropriate for scheduled school activities. However, the uniform shall be worn at events where it will enhance the image of the CRO and his ability to perform his duties. n. Whenever possible the CRO shall coordinate with the Superintendent and/or the Superintendent’s designee and be responsible for law enforcement and security activity at extracurricular events as determined by the Superintendent and or her designee. 11. It is understood and agreed that the CRO in pursuing the performance of CRO duties shall coordinate and communicate with the Superintendent and/or the Superintendent’s designee. 12. The Menands Police Department shall provide the appropriate in-service training for the CRO to enable the CRO to function efficiently in a school environment. However, the District may also provide training in school policies, regulations and procedures, or additional training in other matters relating to students and their safety. 13. The Menands Police Department shall provide a vehicle for the CRO, which will be maintained by the Village of Menands Police Department, providing among other things fuel, tires, etc. and all expenses associated with the operation of the vehicle, including insurance. The Police Department will also provide the CRO with a service weapon and ammunition, which the CRO shall be permitted to carry on District property, and the usual and customary office supplies and forms required in the performance of the CRO’s duties as a police officer. 14. The school district shall evaluate annually the CRO program and the performance of the CRO on forms developed jointly by the parties to this Agreement. Such evaluation by the School Board and the Menands Police Department shall be performed in order to evaluate the performance of the CRO in accordance with the Department rules and regulations and also ascertain what, if anything, can be done to improve the CRO program. 15. The Village, at its sole expense, shall procure and maintain such policies of commercial general liability, malpractice, abuse or molestation liability, commercial auto liability and other insurance as shall be necessary to insure the Village and the District, including the Board of Education, employees and volunteers, as additional insured, against any claim for liability, personal injury, or death occasioned directly or indirectly by the Village in connection with the performance of the CRO’s responsibilities under this Agreement; each such policy with the exception of commercial auto shall provide a minimum coverage of One Million Dollars ($1,000,000.00) per occurrence subject to an annual aggregate of Three Million Dollars ($3,000,000). The commercial auto policy shall have a combined single limit of no less than One Million Dollars ($1,000,000). The insurance is to be underwritten by a licensed and/or admitted New York State Insurer with a minimum Best’s rating of A-minus. In the event any of the aforementioned insurance policies are canceled or not renewed, the Village shall notify the District in writing within thirty (30) days of such cancellation or non-renewal. Upon the execution of this Agreement, the Village will supply the District with a Certificate of Insurance including the District, Board of Education, Employees and Volunteers as Additional Insured, a copy of the Declaration pages of the policies, and a copy of the additional insured endorsement. The provisions of Paragraph 15 shall survive the termination and/or expiration of this Agreement. 16. The Village shall be solely responsible for and shall indemnify, defend and hold harmless the District and its officers, employees, and agents (the “Indemnified Parties”) from and against any and all liabilities, losses, costs, expenses (including, without limitation, reasonable attorneys’ fees and disbursements) and damages (“Losses”), arising out of or in connection with any acts or omissions of the Village and/or the Village’s officers, employees, and agents, regardless of whether taken pursuant to or authorized by this Agreement and regardless of whether due to negligence, fault, or default, including Losses in connection with any threatened investigation, litigation or other proceeding or preparing a defense to or prosecuting the same, subject to the terms and limits of the insurance carried by the Village, which shall in no event be less than Eleven Million Dollars ($11,000,000) during the term of this Agreement. The Village shall, upon the District’s demand, promptly and diligently defend any and all suits, actions, or proceedings which may be brought or instituted against one or more Indemnified Parties for which the Village has an obligation to provide a defense and the Village shall pay and satisfy any judgment, decree, loss or settlement in connection therewith, subject to the terms and limits of the insurance carried by the Village, which shall in no event be less than Eleven Million Dollars ($11,000,000) during the term of this Agreement. The Village shall, and shall cause the Village’s officers, employees, and agents, to cooperate with the District in connection with the investigation, defense or prosecution of any action, suit or proceeding, related to the subject matter of this Agreement. The Village agrees to notify the District immediately in the event its insurance falls below Eleven Million Dollars ($11,000,000). Failure to provide immediate notice to the District shall constitute a breach of this Agreement and shall be grounds for immediate termination of same by the District. The provisions of Paragraph 16 shall survive the termination and/or expiration of this Agreement. 17. The School Board agrees to indemnify and hold harmless the Village of Menands and Menands Police Department from any injuries or losses occasioned to the CRO by the negligence of the School Board’s officials, employees, representatives, subcontractors, assignees, or agents. 18. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce every provision of this Agreement. 19. Should any provision of this Agreement, for any reason, be declared invalid and/or unenforceable, such decision shall not affect the validity of the remaining provisions of this Agreement. Such remaining provisions shall remain in full force and effect as if this Agreement had been executed with the invalid provision(s) eliminated. 20. The CRO shall maintain detailed and accurate records in his or her role at any school at which he or she is stationed and shall submit reports as required by the Superintendent and/or the Superintendent’s designee. 21. It is the understanding of both the District and Village that confidentiality and a student’s right to privacy are of the utmost importance in the administration of these services. Therefore, student records shall be kept confidential in accordance with all applicable laws and professional standards. The mandate to keep student records confidential includes but is not limited to the requirement that the CRO may not disclose any information obtained from a student record to any other party without the prior consent of the parent or eligible student, unless otherwise permissible under applicable law. The CRO shall maintain a record of the disclosure of any information obtained from a student record to any other party, including but not limited to, the Village, or other law enforcement agency or officer; and shall provide such record to the District on a monthly basis. 22. If confidential information in a student’s record is sought by the CRO, but no emergency situation exists, the information may be released to the CRO only upon the issuance of a search warrant or subpoena to produce the records, or as may otherwise be permissible under the Family Educational Rights and Privacy Act (“FERPA”). 23. If confidential information in a student’s record is needed in an emergency to protect the health or safety of the student or other individuals, school officials may disclose to the CRO that information which is needed to respond to the emergency situation based upon: the seriousness of the threat to someone’s health or safety, the need of the information to meet the emergency situation, and the extent to which time is of the essence. Pursuant to FERPA, the District hereby designates the CRO as the District’s “law enforcement unit” for the purpose of enforcing any federal, State, or local law and maintaining the physical security and safety of the schools to which they are assigned, and as such shall have access to student education records as appropriate in order to carry out their CRO duties. The Village agrees to execute the Education Law Section 2-d rider annexed to this Agreement as Exhibit “B.” 24. To the extent applicable, the Village shall comply with any applicable provisions of the Safe Schools Against Violence in Education (“SAVE”) Act including, but not limited to, background checks and fingerprinting of all staff directly providing services to students, including the CRO. To the extent required, all persons providing services to the District pursuant to this Agreement MOU, including the CRO, must receive clearance for employment by the New York State Education Department prior to the provision of such services. 25. It is expressly understood that this Agreement shall not be assigned or transferred without prior written consent of the other party. 26. This Agreement is the complete and exclusive statement of the agreement between the parties, and supersedes all prior or contemporaneous, oral, or written: agreements, proposals, understandings, representations, conditions, or covenants between the parties relating to the subject matter of the Agreement. BOARD OF EDUCATION OF THE MENANDS UNION FREE SCHOOL DISTRICT By: ________________________________________ VILLAGE BOARD OF THE VILLAGE OF MENANDS By: _______________________________________ APPENDIX “A” WORK HOURS AND PAYMENT 1. Hours. The CRO’s regular duty shall be 40 hours per week for up to 185 total days. The CRO shall work during the months when school is in session (September through June) from 7:30 a.m. to 3:30 p.m. The normal hours of a workday for the CRO shall be aligned with the school day for all days that teachers are required to report to school. 2. Comp Time / Overtime. From time to time, the CRO may be required to work more than eight (8) hours of regular scheduled duty in a given day. In such instances, the additional time worked by the CRO shall be credited as “school comp time.” School comp time may be used to offset days where the CRO is scheduled to work but does not have to report due to the closing of school, or for scheduled half-days. At the end of each school year, any school comp time that has not been utilized by the CRO shall be converted to overtime or carried forward into the next school year based upon the CRO’s request, upon approval by the Superintendent. Authorized overtime shall be billed at the following rates. Year 2023-24 2024-25 2025-26 Overtime Rate $62.75 $64.62 $66.56 No comp time shall be incurred where the Menands Police Department dispatches officers to the District or a District-sanctioned event in response to a call for assistance consistent with the Department’s regular service and duties. 3. Invoice. The Village shall submit invoices to the District, as follows: Year 2023-24 2024-25 2025-26 Base Salary $72,000 $75,000 $79,000 Invoice Dates Sept 15: $36,000 Feb 15: $36,000 Sept 15: $37,500 Feb 15: $37,500 Sept 15: $39,500 Feb 15: $39,500 Invoices shall also account for any comp time that has been converted to overtime, pursuant to Paragraph 2 of this Appendix. The District agrees to make payment within thirty (30) days of the date of any invoice submitted by the Village. APPENDIX “B” EDUCATION LAW 2-d RIDER New York State Education Law 2-d was enacted in 2014 to address concerns relative to securing certain personally identifiable information. In order to comply with the requirements of Education Law 2-d, educational agencies and certain third-party contractors who contract with educational agencies must take certain additional steps to secure such data. These steps include enacting and complying with a Parents’ “Bill of Rights” relative to protected data, ensuring that each third-party contractor has a detailed data privacy plan in place to ensure the security of such data, and that each third-party contractor sign a copy of the educational agency’s Parents’ Bill of Rights, thereby signifying that the third-party contractor will comply with such Parents’ Bill of Rights. This Agreement is subject to the requirements of Education Law 2-d and the Village of Menands (the “Contractor”) is a covered third-party contractor. In order to comply with the mandates of Education Law 2-d, and notwithstanding any provision of the Agreement between the Menands Union Free School District (the “District”) and Contractor to the contrary, Contractor agrees as follows: Contractor will treat “Protected Data” (as defined below) as confidential and shall protect the nature of the Protected Data by using the same degree of care, but not less than a reasonable degree of care, as the Contractor uses to protect its own confidential data, so as to prevent the unauthorized dissemination or publication of Protected Data to third parties. Contractor shall not disclose Protected Data other than to those of its employees or agents who have a need to know such Protected Data under this Agreement. Contractor shall not use Protected Data for any other purposes than those explicitly provided for in this Agreement. All Protected Data shall remain the property of the disclosing party. As more fully discussed below, Contractor shall have in place sufficient internal controls to ensure that the District’s Protected Data is safeguarded in accordance with all applicable laws and regulations, including, but not limited to, the Children’s Internet Protection Act (“CIPA”), the Family Educational Rights and Privacy Act (“FERPA”), and the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and Part 121 of the Regulations of the Commissioner of Education, as it may be amended from time-to-time if applicable. “Protected Data” includes any information rendered confidential by State or federal law, including, but not limited to student data, student demographics, scheduling, attendance, grades, health and discipline tracking, and all other data reasonably considered to be sensitive or confidential data by the District. Protected Data also includes any information protected under Education Law 2-d including, but not limited to: “Personally identifiable information” from student records of the District as that term is defined in § 99.3 of FERPA, -AND- Personally identifiable information from the records of the District relating to the annual professional performance reviews of classroom teachers or principals that is confidential and not subject to release under the provisions of Education Law §§ 3012-c and 3012-d. Contractor and/or any subcontractor, affiliate, or entity that may receive, collect, store, record or display any Protected Data shall comply with New York State Education Law § 2-d. As applicable, Contractor agrees to comply with District policy(is) on data security and privacy. Contractor shall promptly reimburse the District for the full cost of notifying a parent, eligible student, teacher, or principal of an unauthorized release of Protected Data by Contractor, its subcontractors, and/or assignees. In the event this Agreement expires, is not renewed, or is terminated, Contractor shall return all of the District’s data unless otherwise provided, including any and all Protected Data, in its possession by secure transmission. Data Security and Privacy Plan Contractor and/or any subcontractor, affiliate, or entity that may receive, collect, store, record, or display any of the District’s Protected Data, shall maintain a Data Security and Privacy Plan which includes the following elements: 1. Specifies the administrative, operational, and technical safeguards and practices in place to protect personally identifiable information that Contractor will receive under the contract. 2. Demonstrates Contractor’s compliance with the requirements of Section 121.3 of Part 121. 3. Specifies how officers or employees of the Contractor and its assignees who have access to student data, or teacher or principal data receive or will receive training on the federal and state laws governing confidentiality of such data prior to receiving access. 4. Specifies how Contractor will utilize sub-contractors and how it will manage those relationships and contracts to ensure personally identifiable information is protected. 5. Specifies how Contractor will manage data security and privacy incidents that implicate personally identifiable information including specifying any plans to identify breaches and unauthorized disclosures, and to promptly notify the educational agency. 6. Specifies whether Protected Data will be returned to the District, transitioned to a successor contractor, at the District’s option and direction, deleted or destroyed by the Contractor when the contract is terminated or expires. Pursuant to the Plan Contractor will: 1. Have adopted technologies, safeguards and practices that align with the NIST Cybersecurity Framework referred to in Part 121.5(a). 2. Comply with the data security and privacy policy of the District; Education Law § 2-d; and Part 121. 3. Have limited internal access to personally identifiable information to only those employees or subcontractors that need access to provide the contracted services. 4. Have prohibited the use of personally identifiable information for any purpose not explicitly authorized in this contract. 5. Have prohibited the disclosure of personally identifiable information to any other party without the prior written consent of the parent or eligible student: 1. except for authorized representatives such as a subcontractor or assignee to the extent they are carrying out the contract and in compliance with state and federal law, regulations, and its contract with the educational agency; or 2. unless required by statute or court order and Contractor has provided a notice of disclosure to the department, district board of education, or institution that provided the information no later than the time the information is disclosed, unless providing notice of disclosure is expressly prohibited by the statute or court order. 6. Maintain reasonable administrative, technical and physical safeguards to protect the security, confidentiality and integrity of personally identifiable information in our custody. 7. Use encryption to protect personally identifiable information in its custody while in motion or at rest; and 8. Not sell personally identifiable information nor use or disclose it for any marketing or commercial purpose or facilitate its use or disclosure by any other party for any marketing or commercial purpose or permit another party to do so. In the event Contractor engages a subcontractor to perform its contractual obligations, the data protection obligations imposed on the third-party contractor by state and federal law and contract shall apply to the subcontractor. Where a parent or eligible student requests a service or product from a third-party contractor and provides express consent to the use or disclosure of personally identifiable information by the third-party contractor for purposes of providing the requested product or service, such use by the third-party contractor shall not be deemed a marketing or commercial purpose prohibited by the Plan. Contractor’s signature below shall also constitute an acknowledgement, acceptance, and signature of the District’s Parents’ Bill of Rights. NAME OF PROVIDER: __________________________ SIGNATURE: _____________________________ TITLE: ___________________________________ DATE: ___________________________________ Resolution Number 240039 Trustee Lane made a motion to approve the agreement with Menands School for the School Resource Officer and to approve Mayor to sign agreement, second by Trustee Harris. ADOPTED: Trustee Harbour voting AYE Trustee Kalogridis voting AYE Trustee Harris voting AYE Trustee Lane voting AYE Mayor Marsh voting AYE Mayor Marsh led a discussion regarding tree removal at the park and Brookside Ave Trimming. Discussion followed. Sevenzocks Property TREE CARE SERVICE ESTIMATE / CONTRACT This Tree Removal contract is entered into on July 25, 2023, by and between SevenZocks Property Maintenance, Landscaping & Tree Services, 1277 Rt. 9W Selkirk NY and Village of Menands, C/O Donald Handerhan, 280 Broadway, Menands NY 12205 ______________________________________________________________________________ TREE SERVICES PARK: 1. Remove Small Elm Tree across from the Park Pavilion with stump grind 2. Remove (1) Honey Locust Tree near playground with stump grind 3. Remove Oak Tree near playground with stump grind 4. Remove Ginko Tree near playground with stump grind 5. Remove small Red Pine Tree between Pickleball Court & Playground with stump grind 6. Remove (1) Large Leader from Oak Tree over Playground 7. Remove additional Oak Tree next to Pickleball Court with stump grind 8. Remove (3) Dead Trees right side of baseball field in the woods / No stump grind 9. Grind (2) existing stumps next to right side of baseball field TREE SERVICES BROOKSIDE AVE: 1. Trim & Raise Canopies on (13) Trees to clear access for heavy equipment to pass under $ 8,900 + tax ___________________________________________________________________________ SevenZocks Property Maintenance & Landscaping agrees to furnish the labor, materials and supplies necessary to perform the above services in accordance with the terms and conditions contained in this contract. Upon completion of the services, SevenZocks Property will remove all tree debris. SevenZocks will not be responsible for any property damage due to work performed if the contract does not inform us of any underlying non-apparent issues with the driveway, lawns, or any underground water issues. If the driveway is the only source of accessibility to the project, SevenZocks will take all precautionary measures to avoid any damage. SevenZocks will take all necessary precautions with your lawn by laying down trac mats or ply- wood but will not be responsible for potential ruts or lawn damage due to the work performed. 2. STUMP REMOVAL: SevenZocks will contact “Dig Safe” before any stump grinding work is to be performed. Dig Safe will locate & mark any underground utilities in order to avoid any potential damage during the stump grinding process. Typically, all stump removals will be done by a separate team within 2 weeks after the main tree work has been completed. **Customer is responsible for letting SevenZocks know of any leach fields or septic systems on property** Initial___________ SevenZocks will take all necessary precautions to protect your lawn by laying down trac mats or plywood but will not be responsible for any damage due to any possible damage by the work carried out. 3. CHANGES IN THE SERVICES: Customer may request reasonable changes to the services described in section 1. Any changes to the services must be in writing and signed by both SevenZocks and Customer. Customer agrees. that any changes to the services may result in additional charges and modify the schedule described in section 3 4. TERMS AND SCHEDULE: For one-time, project-based services, SevenZocks will complete the services in accordance with the following schedule as per below. The customer agrees that all dates are subject to change should the customer and or SevenZocks be delayed because of inclement weather or SevenZocks project delays due to workload changes. SEVENZOCKS WILL TRY TO ACCOMMODATE SPECIAL REQUESTS AND DATES IF POSSIBLE, HOWEVER, WE CAN NOT GUARANTEE THIS. PLEASE PLAN ACCORDINGLY IF WE ARE NOT ABLE TO MEET THOSE REQUESTS. Start Date: Start Date: We encourage you to reach out to see if an established date has been determined. Once a date has been given, this date & time could potentially change due to unforeseeable circumstances, such as inclement weather, delays while working at another job etc. Please plan accordingly. 5. PAYMENT SCHEDULE: For a one-time project-based service, Customer agrees to pay SevenZocks the total payment specified below for the services rendered. Full payment will be do at the completion of project. 6. METHOD OF PAYMENT: SevenZocks accepts Cash or Check payment. A credit Card Payment will incur an additional 3% service fee. $9,612.00 Total Due (includes 8% sales tax) 7. INSURANCE: SevenZocks is fully insured with Workers Compensation & Liability Insurance 8. CANCELLATION POLICY If the customer chooses to cancel the work that is to be performed, you must cancel within 2 weeks of the scheduled date. Cancellation after said terms will result in a $200.00 cancellation fee. ___________________________________________________________________________ THE ABOVE WORK WILL BE PERFORMED IN ACCORDANCE WITH THE SPECIFICATOINS SUBMITTED ABOVE, AND WIL BE COMPLETED IN A SUBSTANTIAL WORKMANLIKE MANNER WITH PAYMENT DUE AS DESCRIBED ABOVE. SEVENZOCKS, A FAMILY -OWNED BUSINESS, WOULD LIKE TO EXTEND OUR THANKS FOR THE OPPORTUNITY TO WORK WITH YOU ON THIS PROJECT. RESPECTFULLY SUBMITTED BY: “Matthew Kozakiewicz” Owner Signed: __________________________________ DATE: ______________________ Matthew Kozakiewicz Signed: __________________________________ DATE: _______________________ Donald Handerhan Resolution Number 240040 After a discussion Trustee Harris made a motion to approve Sevenzocks to remove trees at Ganser Smith Park and Trim Tree along Brookside at a cost of $7,600.00, second by Trustee Kalogridis. ADOPTED: Trustee Harbour voting AYE Trustee Kalogridis voting AYE Trustee Harris voting AYE Trustee Lane voting AYE Mayor Marsh voting AYE Mayor Marsh advised the Board that an emergency repair to the catch basin on Graffunder was complete due to the catch basin was undermined and caved in and clearing out creek on Myton to allow stormwater flow without restriction. Discussion followed. A discussion was held to amend the Special Use Permit for 90 Broadway Dispensary to hours of operation. Discussion followed. Resolution Number 240040 After a discussion Trustee Lane made a motion to amend the Special Use Permit for 90 Broadway Dispensary to hours of operation to the following: Monday – Friday 11AM to 9 PM, Saturday 9 AM to 9 PM and Sunday 12p to 9 PM, seconded by Trustee Kalogridis. ADOPTED: Trustee Harbour voting AYE Trustee Kalogridis voting AYE Trustee Harris voting AYE Trustee Lane voting AYE Mayor Marsh voting AYE Trustee Kalogridis led a discussion regarding adopting a Local Law like the Town of Colonies’ Nuisance Alarm Code. Discussion followed. The Clerk led a discussion regarding offering New State Disability Insurance to employees. Discussion followed. Resolution Number 240041 After a discussion Trustee Harbour made a motion to offer New State Disability Insurance to Village Employees at a cost of $ 2,791.00 and the employees will pay $.60 per pay period towards the cost of the disability insurance, second by Trustee Harris. ADOPTED: Trustee Harbour voting AYE Trustee Kalogridis voting AYE Trustee Harris voting AYE Trustee Lane voting AYE Mayor Marsh voting AYE The Clerk advised the Board that it is time for our annual water system leak detection. GPRS (formally New York Leak Detection) sent a quote for $11,775.00 to complete the inspection. The Leak Detection takes about a week to complete and is done at all times of the day. Discussion followed. Resolution Number 240042 Trustee Lane made a motion to approve GPRS to complete Leak Detection within the Village of Menands at a cost of $11,775.00, second by Trustee Harris. ADOPTED: Trustee Harbour voting AYE Trustee Kalogridis voting AYE Trustee Harris voting AYE Trustee Lane voting AYE Mayor Marsh voting AYE Chief Ryan St Gelais led a discussion regarding replacement of the Police Department’s garage doors that is a budgeted item. The Following quotes were received: Adirondack Overhead Door Co. Option #1 $12,181.00 Adirondack Overhead Door Co. Option #2 $16,142.00 Madsen Overhead Door $13,743.00 Schelling Overhead Door $13,000.00 Resolution Number 240043 Discussion followed. After a discussion Trustee Harris made a motion to approve Adirondack Overhead Door Company Option #1 to replace Police Department Garage Doors at a cost of $12,181.00, second by Trustee Kalogridis. ADOPTED: Trustee Harbour voting AYE Trustee Kalogridis voting AYE Trustee Harris voting AYE Trustee Lane voting AYE Mayor Marsh voting AYE The Clerk advised when Comfort Windows measured the windows for the Fire House, they were advised that all windows were to be replaced. They mistakenly only bid for 14 windows. The additional 5 windows will be $6,970.00. They are still the lowest bidder. Resolution Number 240044 Trustee Lane made a motion to approve adding 5 additional windows to the comfort Window bid for the Firehouse windows replacement at a cost of $6970.00, second by Trustee Harbour. ADOPTED: Trustee Harbour voting AYE Trustee Kalogridis voting AYE Trustee Harris voting AYE Trustee Lane voting AYE Mayor Marsh voting AYE The Clerk advised the Board that the second Board Meeting was moved to September 26, 2023, due to NYCOM Conference and Yon Kippur. September 26 is also DA Night in the court. The Clerk suggested that the second Board Meeting scheduled for September 26, 2023, be cancelled due to the following Board Meeting is the following Monday. Resolution Number 240045 Trustee Harbour made a motion to approve cancelling the September 26, 2023, Board Meeting, second Trustee Kalogridis. ADOPTED: Trustee Harbour voting AYE Trustee Kalogridis voting AYE Trustee Harris voting AYE Trustee Lane voting AYE Mayor Marsh voting AYE Mayor Marsh advised the Board of following Old Business and Updates a. 50-56 Clifford Road Apartments b. 5 Elmwood Road “Old Bowling Alley” c. Purchase of 4-8 Wolfert Ave. by Dake Construction d. Progress of Menands Market Cell Tower The Clerk reminded the Board that the Village Picnic and Community Night will be Wednesday, August 23rd, 2023, from 5:00 P.M. to 8:00 P.M. (Rain Date Thursday, August 24th, 2023) At 8:10 P.M. Trustee Harris made a motion to enter into Executive Session to discuss a legal matter, seconded by Trustee Harbour. ADOPTED: Trustee Harbour voting AYE Trustee Kalogridis voting AYE Trustee Harris voting AYE Trustee Lane voting AYE Mayor Marsh voting AYE The regular meeting reconvened at 8:35 P.M. A discussion was held regarding Local Law #7 of 2023, for the Village of Menands. Amending Zoning Law Article 3 Chapter 169-20 – Broadway Business District (BBD) And Article 19 Chapter 169-94 – Definitions Trustee Lane made a motion to approve Local Law #7 of 2024 hearing no second Mayor Marsh stated Local Law # 7 of 2024 did not pass. A discussion followed. After the discussion Attorney Rehfuss explained that the local law needs to be more comprehensive to meet the ADA Requirements. The Board is going to rewrite the law to meet all the standards. Resolution Number 240046 Mayor Marsh advised the Board that the Village does not charge for Insufficient Funds when checks are received for Bills and Taxes are returned. The mayor suggested that we add a $25.00 fee to all Bills and Taxes that were returned due to Insufficient Funds. Discussion Followed. After a discussion Trustee Lane made a motion to approve a fee of $25.00 to any checks returned for Bill or Taxes with Insufficient Funds, second by Trustee Harris. ADOPTED: Trustee Harbour voting AYE Trustee Kalogridis voting AYE Trustee Harris voting AYE Trustee Lane voting AYE Mayor Marsh voting AYE Trustee Harris congratulated Chuck Price on his son completing the Iron Man in Lake Placid. A motion was made by Trustee Harris to adjourn, seconded by Trustee Kalogridis. ADOPTED: Trustee Harbour voting AYE Trustee Kalogridis voting AYE Trustee Harris voting AYE Trustee Lane voting AYE Mayor Marsh voting AYE The meeting was duly adjourned at 8:59 P.M. _____________________ Donald Handerhan Village Clerk
Village Board Meeting Monday, May 6th, 2024 The Menands Village Board Meeting will be held on Monday, May 6, 2024 in the Village Municipal Building located second floor at 250 Broadway. To... READ MORE
