The regular semi-monthly meeting of the Board of Trustees of the Village of Menands, held on Monday, July 18th, 2016 was called to order by Mayor Grenier at 6:00 P.M.
PRESENT:
Megan Grenier, Mayor
Steve Boulet, Trustee
Diane Foley, Trustee
Aileen Nicoll, Trustee
John P. Berry, Jr., Village Clerk
Stephen Rehfuss, Village Attorney
Paul Reuss, Exec Asst to Mayor
ABSENT:
Seth H. Harris, Trustee
Also attending: Chief O’Brien, John Favata, Bill Garvey, Brian Marsh, John Stangle, Paul Cooney, Robert Schanz, Terance Blake, Bill Nevins, Brad Shear, Miguel Berger and Dave Ingalls.
The Mayor led the Pledge of Allegiance.
At 6:00 P.M. the Mayor opened the public hearing to amend Chapter 120 of the Village Code “Parks and Recreation” adding language for “Tobacco Free Parks”.
Proposed Local Law # 5 of 2016 amending Chapter 120 PARKS AND RECREATION
- 120-4 Smoking – Free environments for all Village of Menands Parks and Playgrounds:
Objective: To establish a policy to create a smoke-free environment for all Village of Menands Parks and Playgrounds.
Reference: New York State Public Health Law Article 13-E, N.Y. PUB. HEALTH LAW 1339-r.
Policy Statement: Tobacco-Free parks enhance visitors’ enjoyment of clean air, natural beauty and healthy activities, reduce tobacco related litter, communicate a positive message to the community that tobacco use is not compatible with active, healthy living and reduces maintenance and fire risks.
- 120-5 General Information:
Definitions:
Tobacco Products include, but are not limited to, any product containing combustible tobacco such as cigarettes, pipes, cigars, hookah; smokeless tobacco products such as chew, spit, dip and snuff; herbal cigarettes; and electronic
nicotine delivery systems (any battery operated device designed to emit a nicotine vapor upon inhalation without being lit) such as e-cigarettes and vape pens.
Tobacco Use is the act of using any tobacco product and the act of smoking or carrying a lighted cigar, cigarette, pipe or other smoking material or device.
Village of Menands Parks/Playground includes: Ganser Smith Park, Hutton Street Park, Polk Switzer, and that portion of Sage Estates deemed forever wild.
- 120-6 Scope: The use of any tobacco product is prohibited in all Parks and Playgrounds located in the Village of Menands.
- 120-7 Compliance: Signage will be posted in all Parks and Playgrounds in the Village of Menands to notify the public of this ordinance.
- 120-8 Enforcement: Any violation of this chapter is hereby declared to be a nuisance. Violations include warnings for a first offense with fines of $100 for each repeat offense.
Resident Bill Garvey asked the Board to please pass the law for the health, welfare and safety of the general public.
Resident John Stangle stated that he was opposed to this law, it’s an outdoor park and this would be an overly use of Board powers.
Resident Bill Nevins asked if this is the same law that the Town of Colonie uses. Trustee Boulet responded.
Resident Bob Schanz said that he was opposed but felt that it would be ok to smoke in the park and pavilion area, but not at the ball field.
Resident Kirk Montanye asked how this whole issue began as well as how will it be enforced. Mr. Montanye suggested that a sign be put up that stated, no smoking during ball games. Trustee Boulet responded.
Resident Dianne Brunelle asked how long has the Smoking Law in New York State been in effect. She also feels that the proposed local law goes too far, and it is too broad. Trustee Boulet responded.
Hearing no further questions the Mayor closed the public hearing at 6:13 P.M.
The regular meeting reconvened at 6:13 P.M.
The following resolution was introduced by Trustee Nicoll declaring a Negative SEQR declaration for an unlisted action for the Mohawk Hudson Humane Society Project, seconded by Trustee Boulet.
Resolution of the Menands Village Board
Adopting a SEQRA Negative Declaration and
Granting Site Plan Approval for Mohawk Hudson Humane Society Site Plan
3 Oakland Avenue and 193 Broadway in Menands, S.B.L. 55.10-1-25 and 55.10-2-7
WHEREAS, Mohawk Hudson Humane Society requests Site Plan Approval for the construction of a new animal welfare shelter building and a future development pad on Broadway, S.B.L. 55.10-1-25 and 55.10-2-7 within the infill Mixed-Use District (T5); and
WHEREAS, the applicant prepared and completed Part 1 of the Long Environmental Assessment Form; and
WHEREAS, the applicant has requested the Village Board to conduct an uncoordinated environments (SEQRA) review; and
WHEREAS, the Village Board has classified the project as an Unlisted action under SEQRA; and
WHEREAS, the Village Board found that the applicant addressed the comments of the Albany County Planning Board; and
WHEREAS, the Albany County Planning Board made a recommendation that the Village Board should 1) have a shared access agreement including a maintenance agreement referenced in the deeds for both properties and 2) ensure that all needed easements for drainage and access are recorded n the deeds for all properties involved; and
WHEREAS, the Village Board found the proposal to be in conformance with the Zoning Laws of the Village of Menands; and
WHEREAS, the Village Board reviewed the Full Environmental Assessment Form as well as the project application materials;
NOW, THEREFORE BE IT RESOLVED that based on a review of this application and the Environmental Assessment Form and supporting materials, on July 18, 2016, the Village Board hereby issued a SEQRA Negative Declaration.
FURTHER, the Village Board hereby issues site plan approval with the following conditions:
- The applicant shall provide correspondence from the NYSDOT demonstrating their approval of the work within the Broadway right-of-way.
- An additional fire hydrant be installed closer to the building as requested by the Menands Fire Department.
ADOPTED:
Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
The following resolution was introduced by Trustee Foley, approving the Final Site Plan for the Mohawk Hudson Humane Society, seconded by Trustee Nicoll.
ADOPTED:
Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
Open Forum:
Resident Bill Garvey reported that there was a white car parked at the entrance to Village One Apts. He reported this to the management of the complex and to the Menands Police Dept. The car later moved.
He also said that the former animal hospital at 315 Broadway has a number of overgrown plants, weeds and grass. The area need to be cleaned up.
Resident Brian Marsh stated that this past Thursday, the 14th, between the hours of 4:00 P.M. and 5:00 P.M. a car was speeding on Sage Hill Lane. The license plate number was (FXT 2981) when Mr. Marsh stood in the way of the driver, she swerved and gave an obscene gesture. Chief O’Brien said he would look into it.
Resident Paul Cooney gave the Mayor and the Clerk information on multiway stop signs.
Resident Kirk Montanye commented that the last Board Minutes and Meeting Agenda were not on the website.
Chief O’Brian introduced the newest officer to the Menands Police Department John Favata.
A motion was made by Trustee Nicoll, seconded by Trustee Foley to accept the minutes of the July 5th, 2016 Annual Board Meeting as amended.
ADOPTED:
Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
A motion was made by Trustee Nicoll, seconded by Trustee Foley to approve payment for the following:
WARRANT # 4:
GENERAL totaling $378,441.61
WATER totaling $ 8,864.95
SEWER totaling $ 1,790.00
TOTALS $389,096.56
PERMA adjustment totaling $12,202.00 credit
PAYROLL # 3: totaling $78,376.79
(07/08/16 – 07/21/16)
ADOPTED:
Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
The Treasurer requests that the 2016-2017 Village be adjusted as follows: an Increase in the Water Fund expenditures in account F.8340.0430 Outside Contractors in the amount of $375,000 for the Wards Pump Station Project and increase the Sewer Fund Expenditures in account G8120.0430 Outside Contractors for the sewer relining project
from Simmons Lane to Oakland Avenue in the amount of $461,000.00. Both projects were in last year’s budget but were never completed therefore; the budget should be adjusted to cover the expenditures. Trustee Nicoll offered the following motion which was seconded by Trustee Foley a motion authorizing the Treasurer to amend the 2016-2017 Village Budget as follows: Increase the Water fund expenditure account F.8340.0430 by $375,000.00 and increase the Sewer fund expenditure account G8120.0430 by $461,000.
ADOPTED:
Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
Mayor Grenier received a note of thanks from a resident who was grateful for the work of Village Historian Kevin Franklin. She also reported that she received a copy of a support letter from Senator Breslin’s Office for our water grant application.
At 6:30 P.M. Trustee Nicoll made a motion, seconded by Trustee Boulet to enter into Executive Session to discuss a contractual matter.
ADOPTED:
Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
The regular meeting reconvened at 7:05 P.M.
Trustee Boulet stated that he would not be in attendance at the August 1st, 2016 Board Meeting. He would like to vote on proposed Local Law #5, amending Chapter 120 of the Village Code, adding language. Tobacco Free Parks, at the August 15th, 2016 Board Meeting.
A motion was made by Trustee Boulet, seconded by Trustee Nicoll to adjourn the meeting.
ADOPTED:
Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
The meeting was duly adjourned at 7:00 P.M.
_______________
John P. Berry, Jr.
Clerk