Board Meeting Minutes – March 21st, 2022

  March 21, 2022

At 6:00 PM on Monday, March 21, 2022, Mayor Meg Grenier read the following statement: this is the Village of Menands Board of Trustees, semi-monthly meeting. I am Mayor Meg Grenier and as it is 6:00, I will call this meeting to order. For anyone outside the village staff who is attending this video conference, I would ask if you would please identify yourselves, Renee Lequire, Bill Nevins, Steve Boulet, Eric Johnson, Suzann Harrington, Maureen Long, Tom Harvie, Catherine Sheridan, Alison McLean Lane, Nancy Casler, Cynthia Newman, Mike Mackay, Susan Harris. The mayor asked them to mute their microphones.

Mayor Grenier then did a roll call of Village staff: Deputy Mayor Seth Harris, present, Trustee Foley, present, Trustee Brian Marsh, present, Trustee Timothy Lane, present, Clerk Don Handerhan, present, Village Attorney Steve Rehfuss, present, Chief St. Gelais, present, Sgt. Kevin Schwebke, present, Intern Isabel Smrstik, present. On behalf of the Village Board, I would ask all residents that we please keep our First Responders, all essential workers, and those affected by this pandemic in our thoughts and prayers.

On January 14th, 2022 Governor Kathy Hochul signed legislation (S.50001/A.40001) extending virtual access to public meetings under New York State’s Open Meetings Law, which allows New Yorkers to virtually participate in local government meetings during the COVID-19 pandemic. The legislation which was initially implemented by Executive Order during last year’s State of Emergency allows state and local government meetings that are normally held in person to be held remotely instead, as long as the public can view or listen to the meeting and as long as the meeting is recorded and later transcribed. This statutory change will reduce the need for the congregation at public meetings while the Delta variant is prevalent while ensuring the public business can continue.

Mayor Grenier advised that the Village Board Meeting is being streamed via Google Meets and asked anyone who is attending via video conference, I would ask if you would please identify yourselves

Public hearing for proposed Local Law # 1 of 2022 to add
Chapter 127 Property Maintenance Code.

Mayor Grenier opened the Public Hearing regarding a proposed Local Law #1 of 2022 to add Chapter 127 Property Maintenance Code.

The Clerk read the following:
Public Hearing March 21, 2022

A Public Hearing will be held on Monday, March 21, 2022, at 6:00 P.M. Chapter 127 Property Maintenance §127-Legislative intent. The Public Hearing will be held at 250 Broadway, Menands, NY, second floor. It is the intention of the Village Board of the Village of Menands to ensure both Residential and Business premises shall be maintained in conformity with the provisions of this code to assure the desirable residential character of the property to improve the quality of life and aesthetic nature of the Village of Menands the regular meeting to follow. Such public hearings are open to the public and accessible to the handicapped All are encouraged to attend and comment at or to present comments in writing to Clerk Handerhan. A copy of the Local Law is available at the Menands Village Office or on the villageofmenands.com website.
Trustee Lane gave an overview of Chapter 127 Property Maintenance Code.

Village Attorney Rehfuss gave his option that the Public Hearing could go forward, but will need to be noticed to reflect that Section 145.8 is being replaced as part of Chapter 127. A discussion followed.

Bill Nevins expressed his opposition to Chapter 127 and his reasons why the Village should not adopt Chapter 127.

Village Attorney Rehfuss wants the record to reflect the following. He never commented that this law was introduced for property, but the Justices expressed to the Code Enforcement Officer and him that the current codes did not provide enforcement capabilities with the current Codes.

Mr. Rehfuss had a concern regarding Chapter 127 that it did not repeal Section 145.8. There are too many codes that an individual would have to look at to enforce the code to maintain their property.

Steve Boulet expressed his opposition to Chapter 127 and the reason for his opposition to the code.

Alison McLean Lane stated she is in favor of Chapter 127 and expressed why she is in favor of the code.

A discussion followed.

Hearing no further comments or questions Mayor Grenier closed the public hearing at 6:28 P.M.

Resolution Number 220008

A motion was made by Trustee Harris to accept the minutes of the March 7th, 2022 Board Meeting, seconded by Trustee Foley.

ADOPTED:

Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE

Resolution Number 220009

A motion was made by Trustee Marsh to approve payment for the following, seconded by Trustee Lane.

WARRANT # 20:

GENERAL totaling $81,481.26
WATER totaling $11,909.09
SEWER totaling $ 2,507.50
TOTALS $95,897.85

PAYROLL # 21: totaling $85,683.90
(02/25/22-03/10/22)

ADOPTED:

Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE

Resolution Number 220010

A motion was made by Trustee Marsh, seconded by Trustee Harris, 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.9040.0804 To Acct: A.1325.0407
Description Workers Comp – Village Clerk – Payroll Svc
Amount: $5,000.00 $5,000.00

From Acct: A.1440.0400 To Acct: A.1620.0412
Description Engineering Bldgs – Light, Power, Gas
Amount: $15,000.00 $10,000.00

From Acct: ” To Acct: A.3410.0412
Description ” Fire – Light, Power, Gas
Amount: ” $5,000.00

From Acct: A.3120.0108 To Acct: A.3120.0208
Description Police – Lieutenant Police – Misc. Equipment
Amount: $1,750.00 $750.00

From Acct: ” To Acct: A.3120.0419
Description ” Police – Vehicle Mtce
Amount: ” $1,000.00

From Acct: A.5132.0415 To Acct: A.5132.0411
Description Garage – Bldg Mtce Garage – Telephone
Amount: $350.00 $350.00

From Acct: A.7310.0449 To Acct: A.6989.0400
Description Youth – Instructors Econ Dev. – Contractual Exp.
Amount: $3,000.00 $3,000.00

From Acct: A.8010.0100 To Acct: A.8010.0451
Description Zoning – Pers. Svcs Zoning – Legal Notices
Amount: $1,000.00 $1,000.00

WATER FUND

From Acct: F.1990.0400 To Acct: F.8310.0415
Description Contingent Account Admin – Bldg Mtce
Amount: $4,000 $4,000.00

Trustee Foley Voted – Aye
Trustee Harris Voted – Aye
Trustee Lane Voted – Aye
Trustee Marsh Voted – Aye
Mayor Grenier Voted – Aye

A discussion was held regarding overriding the 2% Tax Cap
Trustee Lane introduced Local Law 2 of the year 2022 authorizing a property tax levy in excess of the limit established in General Municipal Law §3-c.

LOCAL LAW # 2 OF THE YEAR 2022
Village of Menands, County of Albany

A local law authorizing a property tax levy in excess of the limit established in General Municipal Law §3-c.

Section 1. Legislative Intent

It is the intent of this local law to allow the Village of Menands to adopt a budget for the fiscal year commencing June 1, 2022, that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law §3-c.

Section 2. Authority

This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes a local government’s governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body.

Section 3. Tax Levy Limit Override

The Board of Trustees of the Village of Menands, County of Albany, is hereby authorized to adopt a budget for the fiscal year commencing June 1, 2022, that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c.

Section 4. Severability

If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

Section 5. Effective Date

This local law shall take effect immediately upon filing with the Secretary of State.

Resolution Number 220011

Trustee Lane made a motion to approve holding a Public Hearing on April 4th, 2022, on Local Law 2 authorizing a property tax levy in excess of the limit established in General Municipal Law §3-c, seconded by Trustee Marsh.

ADOPTED:

Trustee Foley voting
Trustee Harris voting
Trustee Lane voting
Trustee Marsh voting
Mayor Grenier voting

The Clerk lead a discussion regarding bids received for the copiers. The following were the bids received.

2022 Copier Bids

Repeat Eastern Metroland
Office Police Court Office Police Court Office Police Court
Monthly Lease $322.00 $320.00 $354.00
Black Printing 0.0082 0.0082 0.0091 0.0040 0.0040 0.0040 0.0065 0.0065 0.0065
Color Printing 0.0540 0.0610 N/A 0.0390 0.0390 N/A 0.0450 0.0450 N/A
Toner X X X X X X X X X
Parts X X X X X X X X X
Image Drum X X X X X X X X X
Consumable Supplies X X X X X X X X X
Excludes Paper X X X X X X X X X
Excludes Staples X X X X X X X X X

Resolution Number 220012

Trustee Marsh made a motion to approve the copier contract with Eastern Managed Print Network, at a cost of $320.00 per month plus per page maintenance printing cost for a term of 5 years, seconded by Trustee Harris.
ADOPTED:

Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE

Mayor Grenier led a discussion regarding the CDTA Bike Share program. The City of Watervliet is now going to be part of the program rather than the Village of Green Island.
Resolution Number 220013

Trustee Lane made a motion to approve the contract with CDTA for the Bike Share Program at a cost of $5,000.00 annually, second by Trustee Marsh.

ADOPTED:

Trustee Foley voting
Trustee Harris voting
Trustee Lane voting
Trustee Marsh voting
Mayor Grenier voting

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CAPITAL DISTRICT TRANSPORTATION AUTHORITY AND THE VILLAGE OF MENANDS

REGARDING ROLES AND RESPONSIBILITIES FOR ONGOING CDPHP CYCLE! BIKE SHARING OPERATIONS

THIS AGREEMENT is made between CAPITAL DISTRICT TRANSPORTATION AUTHORITY (hereinafter “CDTA”) and the VILLAGE OF MENANDS (hereinafter “MENANDS”), (collectively, “Parties”).

WHEREAS, CDTA has been operating CDPHP Cycle!, the Capital Region’s bike-share program, for five seasons in partnership with other municipalities

WHEREAS, CDTA and MENANDS believe creating bicycle-friendly, transit-oriented environments will improve the health and quality of life within communities, while also improving their economic vitality. Both entities understand the connection between bicycle sharing systems and reduced traffic congestion, easier access to local businesses, increased appeal to community members to avoid purchasing new cars, along with reducing wear and tear of city infrastructure,

WHEREAS, CDTA, in partnership with the Village of Menands, the City of Watervliet, the City of Cohoes, and the Residential and Commercial Development on Starbuck Island will create a new unified riding areas within the network covering each entity,

WHEREAS, CDTA has contracted with Mobility Cloud (“CLOUD”) to operate the bike-share system and continues to work with them to operate this transportation option.

WHEREAS, MOBLITY CLOUD will be responsible for the insurance liability in addition to a waiver agreed upon by all users prior to riding,

THEREFORE, both parties mutually agree to proceed as follows if the project is selected for funding:

1) MENANDS will reimburse CDTA for operating costs totaling the amount of $5,000 annually by the end of each season’s calendar year. This agreement will be in place for the 2022 and 2023 riding seasons. Term agreements and renewal to be discussed at the conclusion of the 2023 riding season.
2) CDTA to provide a minimum of 1-2 Cycle! rack stations per partner along with a minimum of 25 bikes through the proposed riding area.
3) MENANDS agrees to partake in all siting, planning, and operations discussions with CDTA and, Mobility Cloud, regarding the bikeshare program and its operation.
4) At the option of MENANDS, this agreement may be terminated via written notice to CDTA within 60 days at the conclusion of each riding season.

CAPITAL DISTRICT TRANSPORTATION AUTHORITY

By: _________________________
Carm Basile, CEO

Dated: ______________________

VILLAGE OF MENANDS

By: ________________________
Megan Grenier, Mayor

Dated: ______________________

The Clerk advised the Board that he has received the Tentative Budget letter from Mayor Grenier.

Eric Johnson from Labella Associates, DPC led a discussion regarding bids received to replace the Basketball Court with an option to install sod instead of hydroseed. The project will be paid for by a grant.

LaBella

Powered by partnership.

March 21, 2022
Mr. Donald Handerhan
Village Clerk
280 Broadway
Menands, New York 12204
RE: Ganser-Smith Memorial Park Basketball Court Improvements
Village of Menands, Albany County, New York Project No. 32105.00

Dear Mr. Handerhan:
On Thursday, March 10, 2022, bids were opened for the Ganser-Smith Memorial Park Basketball Court Improvements project. Six (6) bids were received. A summary of the bids is attached for reference.

The contract includes one alternate identified as Alternate 1, the scope of which is to restore disturbed areas by sod rather than by seed and mulch. There are two apparent low bidders, depending on whether or not the Village chooses to award Alternate 1, as summarized below:

Base Bid Only Apparent Low Bidder – M. Sullivan Construction, Inc.: $ 102,000
Base Bid + Alternate 1 Apparent Low Bidder – HMA Contracting Corp.: $ 110,632 (Total)
The table below indicates the total contract price for each possible combination of alternates that the Village may choose to award based on the bids received from M. Sullivan Construction, Inc. and HMA Contracting Corp. The Village is reminded that the Base Bid includes all work on the basketball court and Alternate 1 adds sod restoration.
Base Bid: Award to M. Sullivan Construction Base Bid + Alternate 1: Award to HMA Contracting Corp.
$ 102,000 $ 110,632
Preliminary conversations with the Village indicate that the Village sees the benefits of awarding
Alternate 1. LaBella Associates has reviewed the submitted low bid, including Alternate 1 (HMA
Contracting Corp.) for completion of Specification Sections 004113, 004114, 004336, 004513, and 004519, representing “The Bid”. Additionally, LaBella has completed background verifications of the low bidder which included confirming the adequacy of the bid bond, review of prior contract work completed similar in nature to the work proposed, and success of prior work efforts.
The following documentation is attached and was reviewed during the background verification:

  • Bid Bond
  • Subcontractor List
  • Qualification Statement
  • Non-collusion Affidavit
  • Verification of Contractor References

Based on the above evaluation, LaBella has determined HMA Contracting Corp., with offices located at 535 Brickyard Road, Schaghticoke, New York 12154, to be a responsive and responsible bidder.
Therefore, LaBella takes no exception to the Village of Menands’ award of the Ganser-Smith Memorial Park Basketball Court Improvements project to HMA Contracting Corp (base bid + alternate).
LaBella will forward the Notice of Award for the Village’s execution.
Please contact our office at (518) 266-7342 if you have any questions regarding this matter.
Respectfully submitted,
LaBella Associates

Jennifer Nechamen, PE
Senior Civil Engineer
Cc: Eric Johnson, PE – LaBella

Village of Menands
Ganser Smith Memorial Park Basketball Court improvements
Project No. 32105.00
Bid Tabulation Sheet

Contractor Total Base Bid Total Bid Alternate 1 Remarks
Gallo Construction Corp 114,700.00 11,500.00
WM J Keller & Sons
Construction Corp 126,059.00 13,000.00
Delsignore Blacktop Paving, Inc 149,984.00 9,288.00
New Castle Paving, LLC
Bubonia Holding Corp. 203,800.00 21,000.00
HMA Paving & Contracting 106,800.00 3,832.00
M. Sullivan Construction, Inc. 102,000.00 14,300.00

A discussion followed.

Resolution Number 220014

After the discussion, Trustee Marsh made a motion to approve HMA Contracting Corp. to complete the Basketball Court improvements at Ganser Smith Park at a cost of $110,632 which is a base bid and alternate One, seconded by Trustee Harris.

ADOPTED:

Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE

Resolution Number 220015

Trustee Marsh made a motion to approve the Mayor to sign all paperwork related to the Basketball Court improvements at Ganser Smith Park, seconded by Trustee Foley.

ADOPTED:

Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE

Resolution Number 220016

Trustee Lane made a motion to Introduce Chapter 127 with the repeal of Section 145.8 of the Menands Village Code and to hold a Public Hearing on April 4, 2022, at 6:00 P.M., seconded by Trustee Harris.

ADOPTED:

Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE

Maureen Long, Superintendent of Menands Union Free School read a nomination for Friends of Education that was awarded to the Village of Menands.

Resolution Number 220017

Trustee Marsh made a motion to hold a Budget Public Hearing scheduled on Monday, April 11th, 2022 at 6:00 P.M., seconded by Trustee Foley.

ADOPTED:

Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE

Mayor Grenier read a letter from Susan Harris regarding the possible use of ARPA monies to be used to help struggling artists by providing space in the Riverview Center. A discussion followed.

Good morning,

Please read this into the record for tonight’s meeting. I’m also requesting that this item be included in the agenda for the next board meeting so that it can be discussed and considered.

Thank you.
I propose that a portion of Menands ARPA funds be used in a novel way, within the board parameters of the law, that will bring visitors to the village and give residents a new source of interest and pride.

The Arts is an industry that has been deeply affected by the economic downturn following Covid. Entire art departments have been wiped out at Capital Region colleges, and the art makers and teachers of art are searching for new studios in which they can create and even display their work.

Also due to Covid, the economic downturn, and a large proportion of the workforce choosing to work from home, there is a significant amount of office space that needs to be repurposed. The Riverview Center is a case in point. What if vacant spaces could be converted to artists’ studios? What if designated times could be set aside for the public to visit talk to artists, and possibly purchase works of art?

I propose that the Village look into this economic development and quality of life opportunity.

ARPA funds can be used to revitalize hard-hit industries and assist businesses in getting back on their feet.

I propose to use ARPA funds to help the Riverview Center fill its vacancies, subsidize rent for the struggling artists to recharge them, and draw a critical mass of artists to our community. Advertise it. Brand it.

FIND THE ME IN MENANDS!

Susan Harris

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

I got some letters of importance + concern as follows:

1) On 3/7/22 he reported to the Police a tractor-trailer truck on the eastbound ramp between Broadway and Route 378 with flashers on. He hoped the Police resolved the problem.
2) He was upset reading about the complaints of litter around Menands.
3) He supports the Village working with General Code maintaining code updates with NYS code standards.
4) He supports approval of standard workweek resolution for appointed or elected officials.
5) He wanted to thank the National Grid Employees for replacing the metal street marker on the east side of Broadway.
6) He is concerned about the poor condition of the dugouts at Ganser Smith Park, he feels they should be replaced. He addressed his opinion on the construction of these new dugouts in the 2021-2022 Village Budget year.

Thank you for your time + consideration.

Yours sincerely,
Bill Garvey Jr.

 

Mayor Grenier read a letter from Comp Alliance that the Village was awarded a Safety Award and a check for $2,252.00.

Mayor Grenier advised the Board that the 35 Broadway Project are requesting a letter of support for their request for funding from the State.

Resolution Number 220011

Trustee Marsh made a motion to approve a letter of support for the 35 Broadway Project, seconded by Trustee Lane.

ADOPTED:

Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE

Isabel Smrstik the Economic Development Intern gave the following report:

1) Update on Food Truck Festival
2) Update on CGI Video – will be shot on April 1st, 2022
3) Update on Historic Signage throughout the Village
4) IIJA Broadband Program would offer WIFI in different parts of the Village
5) Update on the meeting with Peter Crummy Town Supervisor, Mayor Grenier, Dep Mayor Harris, and herself regarding shared services.

Trustee Lane inquired about the light pole on Broadway Railroad Bridge that was damaged. Chief Ryan St. Gelais stated that it was caused by a driver charged with a DWI, he also took out several trees.

A motion was made by Trustee Harris to adjourn, seconded by Trustee Marsh.

ADOPTED:

Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE

The meeting was duly adjourned at 7:12 P.M.

_________________________
Donald Handerhan
Village Clerk