The regular semi-monthly meeting of the Board of Trustees of the Village of Menands was held on Tuesday, January 2nd, 2024, and was called to order by Mayor Brian Marsh at 6:00 P.M.

PRESENT:
Brian Marsh, Mayor
Molly Harbour, Trustee
Seth H. Harris, Trustee
Nicholas Kalogridis, Trustee
Timothy Lane, Trustee
Donald Handerhan, Village Clerk
Stephen Rehfuss, Village Attorney
Chief Ryan St. Gelais, Police Dept
Lt Kevin Schwebke, Police Dept
Chief David Ognan, Fire Dept

Also attending: Bill Garvey, Cindy & Chuck Price.

Virtual attendance: Steve Boulet, Jennifer Cannavo, Peg Holand, Kathy Mosca, Beth Harbor, Ben Girard, Menands PBA, Evar Sullivan, Nathan Girard, Courtney, Jaskula.

The Mayor led the Pledge of Allegiance and advised this meeting is being recorded.

Resolution Number: 240130

Trustee Harbour made a motion to accept the minutes of the December 18th, 2023, Board Meeting, seconded by Trustee Harris.

ADOPTED:

Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE

Resolution Number: 240131

Trustee Harris made a motion to approve payment for the following, seconded by Trustee Lane.

WARRANT 12/19/2023

GENERAL totaling $15,394.08

WARRANT # 15:

GENERAL totaling $134,238.70
WATER totaling $ 32,885.15
SEWER totaling $ 22,203.22
TOTALS $189,327.07

PAYROLL #14: totaling $124,470.44
(12/15/23-12/28/23)

ADOPTED:

Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Mayor Marsh led a discussion regarding the Special Use Permit for 442 Broadway Bloom Brothers Dispensary. Discussion followed.

Resolution Number: 240132

Trustee Lane read the following resolution:

Whereas, the Applicant, 4G Realty Holdings, LLC/Bloom Brothers, NY Inc. is seeking Special Use Permit/Site Plan approval Site Plan approval to operate a cannabis retail dispensary at 442 Broadway (Parcel: 44.18-2-15.2), and in the Broadway Business District (BBD), the Proposed Project; and

Whereas, the Applicant submitted a Special Use Permit/Site Plan Application on October 24, 2023, with supplemental information provided on November 16, 2023, and December 20; and

Whereas, the Proposed Project and application documents are more formally described in the attached Notice of Decision; and

Whereas, on December 21, 2023, Albany County Planning Board found that the Proposed Project “will have no impact upon the jurisdictional determinant referring to this case, nor will it have significant countywide or intermunicipal impact”; and

Whereas, the Village Board opened and closed the public hearing on November 20, 2023; and

Whereas, the Village Board has reviewed Parts 1 and 2 of the Short Environmental Assessment Form, as required for SEQRA review; and

Whereas, the Village Board has sole decision-making authority for the Proposed Project, and therefore declares itself Lead Agency for the purposes of SEQRA review; and

Whereas, the Village Board has classified the Project as an “Unlisted Action” and determined that no significant adverse environmental impacts are anticipated as a result of the Proposed Project and issues a Negative Declaration; and

Whereas, the Village Board has reviewed the application and supplemental information provided against the requirements of § 169-44, Cannabis retail dispensaries; Article 10, Site Plan Review, and Article 11, Special Use Permit Review, of Chapter 169, Zoning and has determined the application meets the requirements for approval as indicated in the Attached Notice of Decision.

Now, Therefore Be It Resolved that the Menands Village Board hereby issues Special use Permit and concurrent Preliminary and Final Site Plan approval for the Proposed Project with conditions and as indicated on the attached Notice of Decision.
Second by Trustee Harris.

ADOPTED:

Trustee Harbour voting NAY
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE

Nathan Girard: We are sorry we couldn’t be there this evening and thank you all for your support of our project.

Resolution Number: 240133

Trustee Harris made a motion to accept the Auditor’s Report for the Village Funds for the 2022-2023 Fiscal Year and to approve the Treasurer to sign the letter of acknowledgement, seconded by Harbour.

ADOPTED:

Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE

Resolution Number: 240134

Trustee Harris made a motion to accept the Auditor’s Report for the Court Funds for the 2022-2023 Fiscal Year and to approve the Treasurer to sign the letter of acknowledgement, seconded by Trustee Lane.

ADOPTED:

Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE

Chief Ryan St Gelais advised the board that the agreement for use of the Colonie Police and City of Troy’s Range is up of renewal and the agreement needs to be signed.

TOWN OF COLONIE CONTRACT
Police Department VILLAGE OF MENANDS POLICE RANGE & TRAINING FACILITY USE AGREEMENT 2024

THIS AGREEMENT made and entered into this 2 day of January, 2023, by and between the Town of Colonie, a municipal corporation of the State of New York, having its principal office located at Memorial Town Hall, 534 New Loudon Road, Latham, New York 12110 (hereinafter referred to as the “Town”), and the Village of Menands, a governmental entity having its principal offices located at 250 Broadway, Menands, NY 12204 (hereinafter referred to as “Invitee”).
WHEREAS, the Town has authorized this agreement pursuant to Town Board Resolution No. 537
approved by the Town of Colonie Town Board on December 14, 2023.
WHEREAS, the Town is the owner of the Town of Colonie Police Range and Training Facility, Onderdonk Road in the Town of Colonie, County of Albany, New York; and
WHEREAS, Invitee desires to use all or a portion of such Range and Training Facility for personnel training, and Invitee has agreed to provide the necessary funds, expertise, manpower, equipment, and materials to operate, insure and protect such site, all at no cost, risk, or expense to the Town; and
WHEREAS, the Town of Colonie authorizes use of its Training Facilities as a benefit to selected law enforcement agencies in the furtherance of public safety.
NOW, THEREFORE, in consideration of the mutual promises made by each party herein, the Town and Invitee agree as follows:

I. The term of this Agreement shall commence on the day of its full execution and shall expire at 12:00 PM on December 31, 2025. Individual dates and locations of usage will be determined and scheduled through the Colonie Police Department Staff Services Division at (518) 782-2619.
2. The Town hereby grants Invitee permission to utilize the Town of Colonie Police Range and Training Facility (“Facility”). The Facility currently is comprised of a rifle and pistol range, obstacle course, classroom, pavilion, garage, and storage shed, but the Town Police Department, through its Staff Services Division, may restrict the portions of the Facility which may be utilized by Invitee.
3. Invitee agrees to indemnify, defend, and hold harmless the Town and its officers and employees from and against any and all claims, suits, actions, cost, and expense (including reasonable attorneys’ fees), involving injury to person or property arising out of the use of the Facility.
4. Invitee shall provide proof of comprehensive general liability insurance coverage during the entire term of this Agreement, as follows: Bodily Injury & Property Damage; One Million Dollars ($1,000,000) for each occurrence and Two Million Dollars ($2,000,000) annual aggregate naming the “Town of Colonie, 534 Loudon Road, Latham, NY 12110” as an additional insured. Alternatively, if the Invitee is self-insured, Invitee may provide a letter on Invitee’s letterhead addressed to the Town of Colonie stating that Invitee is currently self-insured for general liability and the letter is being submitted as evidence of invitee’s intent to pay its legal obligations for meritorious general liability claims made against it. Additionally, Invitee shall provide Workers’ Compensation and Employees Liability Insurance providing protection for employees of Invitee in the event of job-related injuries.
5. The Town of Colonie shall not be responsible for any amounts paid or due as benefits to any officer(s) and/or employee(s) of Invitee due to personal injury or death occurring during the use of the Facility. It is mutually understood that the Invitee and Town of Colonie shall be responsible for payment of benefits, including workers’ compensation, General Municipal Law§ 207(c) and comparable benefits, to only their own respective officers and employees.
6. Invitee agrees that it has inspected the Facility and finds it to be acceptable for the purposes and use intended.
7. As part of the rights and obligations of Invitee to indemnify, defend and hold harmless the Town, Invitee shall promptly notify the Town of any act or occurrence involving losses, damages, expenses or demands indemnified against in this Agreement. All such notices must be in writing and must be sent to the Town at the following address:
Town Attorney, Town of Colonie Memorial Town Hall
534 New Loudon Road Latham, New York, 12110
Each notice is deemed to have been properly served if personally delivered or deposited into the United States Mail, with proper postage.
8. Invitee understands and agrees it must provide its own ammunition, target backers and targets when utilizing the range. Any such target backers will be left at the range and may be used by Town police personnel. Upon the completion of each usage, Invitee will ensure the facilities are in the same condition as when they began.
9. The Town retains an unconditional right of entry and may cancel any scheduled dates of use of the Facility upon notice to Invitee or terminate this Agreement upon written notice to the Invitee at the address set forth above.
I 0. The Invitee agrees to pay the Town an annual maintenance fee of Five Hundred Dollars ($500.00) on or before May 31st to assist with the costs of maintaining and repairing the Facility. If the maintenance fee is not paid, the Invitee shall not be permitted to use the Facility during the calendar year in which the fee remains unpaid.
11. This Agreement constitutes the entirety of the agreement between the parties. No modifications, oral or written, have been agreed to, or will be binding, after the date of signature. Any changes or amendments hereto shall be made in writing and subscribed to by the parties to this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement the date and year above written.
TOWN OF COLONIE VILLAGE OF MENANDS

Resolution Number: 240135

After a discussion Trustee Lane made a motion to approve the agreement with the Town of Colonie Police Range Use Agreement for 2024 and to approve Mayor to sign the agreement, second by Trustee Harris.

ADOPTED:

Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE

City of Troy Police Department
Application for Use of Firearms Range

One completed application must be submitted in advance to the Department’s Range Officer.

The undersigned makes application for the use of the City of Troy Police Department’s Firearms Range located in Pittstown for the purpose of: Firearms Training

Day and Date: January 1st – December 31st, 2024
Hours (Start to Finish): 8:00 am – 21:30 pm

Will an admission fee be charged? No If yes, the amount_________

The person in charge while in use is:
Estimated number of people: 1-15

The undersigned further agrees to indemnify and save harmless the City of Troy and/or the City of Troy Police Department from any and all claims that may arise through negligence or otherwise, or that may be made from damage, loss, injury or death resulting to the property of the City of Troy Police Department, it’s employees or volunteers of their property, or to other persons or property, resulting from such use, directly or indirectly.

**The undersigned further acknowledges that the live fire training facility (aka live fire shoot house) is not included in this agreement and requires additional approvals by the Troy Police Department. **

All organizations must attach a Certificate of Insurance naming the City of Troy Police Department the certificate holder and additional insured for at least $1,000,000.00 when filing for use of this building/Property.

Name of Organization:
Name of person Responsible:
Title:
Date:
Mailing Address:
Phone #:
POC:

________________________________ ________________________________
Applicants name Department Head or designee signature

___________________________________ __________________
Approval Name/Signature (TPD Representative) Date

Resolution Number: 240136

After a discussion Trustee Harbour made a motion to approve the agreement with the City of Troy Police Range Use Agreement for 2024 and to approve Mayor to sign the agreement, second by Trustee Kalogridis.

ADOPTED:

Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Chief St Gelais and Mayor Marsh advised the Board that an agreement has been agreed to between the PBA and Village of Menands regarding Comp Time for the Police Department. Discussion followed.

Resolution Number: 240137

After a discussion Trustee Harbour made a motion to approve the Comp Time MOU with the Menands PBA, second by Trustee Harris.

ADOPTED:

Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE

Mayor Marsh and Chief St. Gelais led a discussion regarding the position at the front desk of the Police Station and increasing the salary. A discussion followed.

Resolution Number: 240138

After the discussion Trustee Harbour made a motion to increase the salary of Telecommunicator to $56,758.40, seconded by Trustee Harris.

ADOPTED:

Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE

The Clerk advised the Board that the Auction’s for the DPW Pickup Truck and the compressor are complete.
1. The Highest bid for the Pickup was $25,000.00.
2. The Highest bid for the Compressor was $1,025.00.

Resolution Number: 240139

Trustee Lane made a motion to accept the bid for $25,000.00 for the Pickup Truck and $1,025.00 for the Compressor, second Trustee Kalogridis.

ADOPTED:

Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE

The Mayor advised the Board that he would like to reappoint Nicole Ognan as MS-4 Officer.

Resolution Number: 240140

Trustee Harbour made a motion to appoint Nicole Ognan as Ms-4 Officer for the Village of Menands, second by Trustee Harris.

ADOPTED:

Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE

The Clerk advised the Board that as of January 1st, 2024, the minimum wage will be increased to $15.00 per hour. This will affect Summer Help.

The Clerk advised the Board that the IRS has increased the mileage rate to $.67 per mile of January 1st, 2024.

The Clerk advised the Board that the Fire Alarm System at 250 Broadway will need to be updated, because it will no longer be monitored. Doyle is working on the quote.

Chief Dave Ognan advised the Board that the Fire Department has received a $5,000.00 Forestry Grand from DEC with a 50% match that he will put into his next budget.

Mayors Report:

1. The Mayor advised the Board he will be attending the Albany County Swearing in Ceremony.
2. 35 Broadway Project has started.
3. 47 Broadway Project has started.
4. The Water Department has received a violation for not having a person with a Class D license. There is no impact on the water. Many communities within Albany County received the same violation. The water Department is working on getting the course.
5. On December 20th, 2023, the Mayor attended an Albany County Shared Services Committee Meeting and working on many items to help reduce costs.
6. On Friday, December 29th, 2023, Menand Police Dispatch switched over to Albany County.

Trustees Report:

Trustee Harris: Asked if a statement could be put out regarding the Violation from the Department of Health that it does not affect the water supply.

Trustee Kalogridis: Asked if leaf pick up was done for the year. He was advised that all leaves now must be bagged.

PUBLIC COMMENTS:

TO: All Menands Village Board Members
FROM: Bill Garvey Jr

I got some important Village items as follows:
He supports the following items:

1. Amend 2023-2024 budget to cover cost of health, vision, and dental benefits for Village
   employees.
2. He supports the standard 7 hr. workday for most employees.
3. He supports Pen flex as administrator of LOSAP.

His own important Village items:

1. He welcomes Officer Joe Murray to the Menands Police Department + wishes him well.
2. He wants to thank the Village Board for approving the 96 Menand Road Housing Project, which is needed.
3. He supports residents getting a break on electric bill with Solar Energy Simplified. However, he proposes they get a break on energy bills if they use biogas or biofuel oil for heating & cooling their homes.
4. He observed the DEAD-END sign missing on E Kenmar Rd and reported it to Menands Police and the Village Clerk.
5. He agrees with C Price’s concern regarding truck and golf carts at 434 Broadway and questions why they are there.
6. He thanked the Police Department for enforcing rules regarding a trash bag being close to a fire hydrant.
7. He would support replacing street lighting on Broadway using grant money. He would propose installing post-modern aluminum streetlamps using LED lights.
8. He is delighted that the outside of the Little League Concession is being lit up to prevent criminal activities.
9. Sometimes he picks up leaves from the lobby floor at the Police Dept to prevent accidents.
10. He reported a vehicle blocking a fire hydrant on Conell Drive, the police issued a ticket.
11. Mr. Brian Marsh I am ready to turn over to you two letters of concern and importance:
    A His proposal to replace old black fashion streetlights with new postmodern streetlights on both sides of the bridge.
    B His proposed memorial monument in Switzer-Polk Park to commemorate Menands 100th Anniversary.

Chuck Price has been looking over the Financial Reports and will have questions for the Board.

Francesco Mamone asked the Board if the Village had appropriate funds that would help protect,
residents from being sued by First Responders that are called in during a time of an incident or
accident and is it a policy that allows First Responders to sue homeowners?

Attorney Rehfuss stated that the Village can not appropriate funds for homeowners, they would be covered by their homeowner’s insurance and secondly if there is a policy? No, it’s New York State Common Law that’s what homeowners’ insurance is for.

At 6:55 P.M. Trustee Harris made a motion to enter Executive Session to discuss a Personnel matter, seconded by Trustee Harbour.

ADOPTED:

Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE

The regular meeting was reconvened at 7:10 P.M.

Trustee Harris made a motion to adjourn, seconded by Trustee Lane.

ADOPTED:

Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE

The meeting was duly adjourned at 7:10 P.M.

________________________
Donald Handerhan
Village Clerk

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