At 6:00 PM on Tuesday, February 22nd, 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, Matt Brobston, Jennifer Steinberg, Eric Johnson, Suzanne Harrington. 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, 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.

Resolution Number 220035:

Trustee Lane made a motion to accept the minutes of the February 22ND, 2022 Board Minutes, 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 220036:

A motion was made by Trustee Harris to approve payment for the following, seconded by Trustee Foley.

WARRANT #19:

GENERAL totaling $ 35,857.88
WATER totaling $ 5,797.51
SEWER totaling $ 316.00
TOTALS $ 41,971.39

PAYROLL # 20: totaling $ 97,863.29
(02/11/22-02/24/22)

ADOPTED:

Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE
Resolution Number 220037:

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.1210.0120 To Acct: A.1210.0400
Description Mayor – Exec Asst Mayor – Contractual Exp.
Amount: $1,500.00 $1,500.00

From Acct: a.1325.0403 To Acct: A.1325.0404
Description Clerk – Postage Clerk – Miscellaneous
Amount: $2,500.00 $2,000.00

From Acct: ” To Acct: A.1325.0413
Description ” Clerk – Contractual Svcs.
Amount: ” $500.00

From Acct: A.3120.0103 To Acct: A.3120.0102
Description Police – FT Patrolmen Police – Supervisor
Amount: $60,000.00 $60,000.00

From Acct: A.3120.0108 To Acct: A.3120.0152
Description Police Lieutenant Police – Telecommunicator PT
Amount: $18,000.00 $13,000.00

From Acct: ” To Acct: A.3120.0153
Description ” Police – Telecomm O/T
Amount: ” $5,000.00

From Acct: A.1990.0400 To Acct: A.1325.0201
Description Contingent Acct Clerk – Computer & Software
Amount: $10,500.00 $2,500.00

From Acct: ” To Acct: A.3120.0201
Description ” Police – Computer & Software
Amount: ” $5,000.00

From Acct: ” To Acct: A.3120.0419
Description ” Police – Vehicle Mtce
Amount: ” $3,000.00

From Acct: A.5110.0104 To Acct: A.5110.0430
Description Street – Summer & P/T Street – O/S Contractors
Amount: $6,000.00 $6,000.00

WATER FUND

From Acct: F.8310.0453 To Acct: F.8310.0411
Description Admin – Engineering Admin – Telephone
Amount: $1,800 $1,500.00

From Acct: ” To Acct: F.8310.0417
Description ” Admin – Gas & Oil
Amount: ” $300.00

From Acct: F.8340.0218 To Acct: F.8340.0207
Description Distribution – Pipe & Sleeve Distribution – Hydrants
Amount: $70 $70.00

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

Matt Brobston and Jennifer Steinberg from the LA Group led a discussion regarding an extension of the Special Use Permit for 35 Broadway.

RE: 35 Broadway
The proposed project is the new construction of a four-story apartment building located at 35 Broadway in the Village of Menands, just north of the city of Albany municipal boundary. The project is comprised of sixty-eight units that will provide affordable, high-quality housing for veterans. The veterans will benefit from an array of supportive services provided by Soldier On.
The Applicant is requesting an extension of the Special Use Permit approval to help in the funding request for the project. The Special Use Permit was approved on July 20th, 2020, and preliminary Site Plan approval was received in October 2021.
The project involves the new construction of 68 one-bedroom apartments and shared community spaces. Each apartment is comprised of a living and dining area, complete kitchen, bathroom, closets, and bulk storage closet, with central heat and air conditioning. The project also includes the development of parking, outdoor seating areas, sidewalks, and other site improvements. The building will include a management office, a first-floor community room for larger tenant gatherings/functions, office space devoted to the supportive services uses, tenant lounges on each floor, storage rooms, and laundry facilities on the 1st Floor. The project will be served by public utilities, including municipal water and sewer provided by the Village of Menands, commercial utilities including natural gas and electricity provided by National Grid, and cable television and internet service. All utilities are included in the rent; tenants will be responsible for telephone and cable services only. There is no public parking; all parking is reserved for tenants and guests. The parking lot is proposed for construction at the rear of the building, consistent with the Village Broadway Corridor Plan redevelopment principles. The site plan includes seating areas and tables, a flag pole area, a community garden area, sidewalks, and a contemplative garden.

Resolution Number 220038:

Trustee Marsh made a motion to extend the Special Use Permit for one year with the same terms of the original Special Use Permit, 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

Trustee Lane led a discussion regarding Property Maintenance Code 127

Chapter 127
Property Maintenance

Chapter 127 Property Maintenance

§127-1 Legislative intent. 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 and assure the desirable residential character of the property so as to improve the quality of life and aesthetic nature of the Village of Menands.

§127-2 Responsibility of property owners; action by Village; Notice of Violation costs of abatement; hearing.

A. All property owners or persons owning, occupant (renter or lessee), or entity otherwise having control of property within the Village of Menands shall at all times maintain both the structure and the surrounding property and adjoining public ways. Owners, occupants, or other responsible entities found not to be maintaining their property or premises free of litter, excessive accumulation of refuse, garbage, brush, waste, and/or any hazardous materials, junked vehicles, equipment, debris, or rubbish (including but not limited to: paper, plastics, metals, tires, construction material, electronics, fill, etc.) that would create an unsafe, unkempt or deleterious appearance which creates an undesirable public nuisance or is otherwise unsafe, hazardous or threatens the public health shall be a violation under this section.

B. Appropriate ground cover shall be properly established and maintained. Lawn areas shall be maintained with grass not exceeding 10 inches. All premises and immediate exterior property shall be maintained free from weeds or plant growth in excess of 10 inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants, and vegetation, other than trees or shrubs, provided, however, this term shall not include cultivated flowers, ornamental grasses, and gardens.
C. (1) All ornamental and shade trees in the public streets in front of said premises shall be trimmed so that branches thereof shall not be lower than eight (8) feet from the surface of the ground and so as to not interfere with or obstruct the light from or impede the public travel on any of the streets or sidewalks thereof. Heavy undergrowth, weeds, and/or overgrowth of plant material which are noxious or detrimental to the public health, safety, and welfare shall be eliminated. Hedges, bushes, and trees must be maintained clear of the public right of way.

(2) Repair or replacement of public sidewalks due to homeowner neglect or work performed by the homeowner shall be the homeowner’s responsibility to return public sidewalk to its original condition. Deterioration of public sidewalks due to normal wear and tear shall otherwise be the responsibility of the Village of Menands.

D. The Code Enforcement Officer may assess a violation when it is determined that the structure is in violation of the provisions as provided in the NYS Property Maintenance Code.

E. Upon receiving a complaint, or noting a violation of this code, the Code Enforcement Officer shall be authorized to inspect the entire property, or properties, within three (3) business days. Following an inspection of the property, the Code Enforcement Officer of the Village of Menands shall notify the property owner, occupant or entity having control of the property, as hereinafter provided, of any condition(s) on the property or sidewalk violating provisions of this chapter. The Code Enforcement Officer may issue notice to the owner, occupant, or entity requiring them to contact the Code Enforcement Officer within seven (7) calendar days from the date such notification was mailed or, within five (5) calendar days of personal service of the notification, so as to acknowledge receipt of notification and submit a plan to rectify the violation. Failure by the responsible party to do so will result in a Notice of Violation to be sent by the Code Enforcement Officer to the property owner, occupant, or entity having been notified.

F. Notice of Violation
(1) All notices issued hereunder to restrain, or correct, any violation or to enforce compliance with any provision or requirement may be served on behalf of the Village of Menands via USPS.
(a) Delivering to and leaving a copy of the same with any person or persons owning, occupying, otherwise in control or who may be liable;

(b) By registered or certified mail to the most current address on file of this Code, if any; or
(c) If none is on file, to the most current address on file in the Village of Menands Office.
(d) If such person or persons cannot be served by any of the aforesaid methods after diligent search shall have been made for such person or persons, then such notice may be served by posting the same in a conspicuous place upon the premises where such violation is alleged to exist, or to which such notice may refer, which shall be equivalent to personal service of said notice upon all parties for whom such search shall have been made; or

(e) By any other method of service authorized pursuant to Article 3 of the Civil Practice Law and Rules.

(2) Notice of violation by mail to owners, tenants or lessees, and owners residing out of state. If the person or persons or any of them to whom said notice is directed do not reside in the State of New York and have no known place of business therein, the notice may be served by delivering to, and leaving with, such person or persons, or either of them, a copy of said notice, or if said person or persons cannot be found within said state after diligent search, then by posting a copy of the same in the manner as aforesaid and at their last known place of residence; and said posting and mailing a copy of said notice shall be equivalent to personal service of said notice.

G. Hearing.
The notice required herein shall indicate that a request for a hearing may be made by the owner or entity in control of the property alleged to be in violation, which must be made and received by the Code Enforcement Officer before the expiration of the five-day period. Such request must either be delivered personally to the Village of Menands or mailed by certified mail to the Code Enforcement Officer, or Court Clerk. Upon such request duly made and received, a hearing will be held before the Menands Village Court at a time, date, and place set by written notice sent to the owner through USPS mail. The hearing shall be held within fourteen (14) calendar days following receipt of the request and at least two days’ notice of the hearing shall be given to the owner. The owner or owner’s agent shall be given an opportunity to present evidence and be heard during the hearing. Within five (5) days of the conclusion of the hearing, the notice shall be affirmed, amended, modified, or rescinded.

H. Costs of abatement.
(1) If the owner or person upon whom notice was made fails, neglects, or otherwise refuses to timely comply with such notice or fails to attend a hearing scheduled pursuant to Subsection D, any duly authorized employee of the Village or contractor hired by the Village shall be authorized to enter the property in violation and shall cause the premises to be put in such condition to correct the violation(s) cited and comply with the provisions of this chapter; the costs of which, together with a 25% surcharge for inspection and other administrative costs in connection therewith, shall be certified and filed with the Village Treasurer who shall render a bill to the owner and/or the responsible person, party or legal entity which pays the taxes on the building, lot or parcel of land for payment.

(2) The aforesaid charges, if unpaid for 20 days, shall become a lien upon said property and shall be added to become, and form a part of the taxes to be next assessed and levied upon such parcel, shall bear interest at the same rate as the annual tax rate and shall be collected and enforced in the same manner as village property taxes.

(3) The assessment of the cost for the work done by the Village upon the property involved shall be in addition to the penalties imposed herein for any violation or noncompliance with any provision of this chapter, and the Village may initiate legal proceedings against such person, party or legal entity to recover all such costs.

(4) No costs assessed for abatement work completed by the Village of Menands or any contractor hired to do such work, herein shall be added to the tax bill nor shall any legal action be instituted by the Village to recover such costs until the owner or other persons to be charged have been afforded an opportunity to be heard at a hearing convened by the Code Enforcement Officer in accordance with rules promulgated by the Code Enforcement Officer.

I. Rules and regulations. The Code Enforcement Officer is hereby authorized to promulgate rules and regulations not inconsistent with the provisions of this article and necessary to effectuate the same.

J. Appeal. Any person or persons aggrieved by a decision of the Code Enforcement Officer may file an administrative appeal with the Board of Trustees in the manner and thereafter in accordance with the provisions of Article 78 of the New York Civil Practice Law and Rules.

K. Penalties for offenses. Any person who engages in unlawful conduct as defined in this article shall be punishable by a fine which shall not exceed $1,000 in amount or by imprisonment not exceeding 15 days, or both. The Village of Menands may impose the costs of enforcement, abatement, court costs, legal fees, and accumulated interest on liens imposed.

A Public Hearing was scheduled for March 24, 2022, at 6:00 P.M. The Clerk was instructed to post Chapter 127 on the website.

The Clerk advised the Board that Chief Steurer is asking the board to approve the use of a piece of apparatus in the St Patrick’s Parade next weekend and for Maplewood Fire Department Saturday.

Resolution Number 220039:

Trustee Harris made a motion to approve the use of a piece of apparatus in the St Patrick’s Parade, and Maplewood Fire Department, 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

Mayor Grenier advised the board regarding the following:
February 25, 2022

Kelly McAteer

I want to say a heartfelt Thank you to the gentleman who was driving the snowplow down Amsterdam Ave about 7:30 this morning (2/25). I was walking to work at 800 N Pearl St and after getting to the apartments across from News Channel 13 had thought it would be better to walk in the semi-plowed street rather than the unshovelled sidewalks. I had just crossed Amsterdam Ave and I slipped on a hidden slick spot that was under the snow and fell. Being a heavy-set woman, I cannot get up without steadying myself on something like a chair, but of course, there is nothing at hand to do so. Although there was a tree about 20 feet away from where I had fallen that I would have crawled to. But thankfully the driver of the plow truck had seen me fall and asked if I was alright. When he saw that I could not get up he got out and helped me up on my feet. Unfortunately, I did not get his name or the number of the truck but I am very grateful for his help. I know that it was just a simple act of kindness but meant the world to me this morning.
Thank you so very much.
Kelly McAteer

DPW Crew Sean Connors and Mickey Connley. A discussion followed.

Isabel Smrstik gave Economic Development Intern’s Report
Update on Food Truck Festival
Adding updates of what she has been working on Menands Activities
Nuisance Board
STQRY App update
Discussion followed

The Clerk reminded the Board that the Budget Workshop will be on March 9th at 5:30 PM.

Mayor Grenier read the following from Bill Garvey

Memorandum 03/06/22

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

I got letters of importance & concern they are:

In late January he discovered that the Nationwide Insurance office has closed its’ doors. He would like to see another business in the building.

He was unhappy that the Board voted to approve the former Price Chopper Plaza be turned into Unity House Administrative Headquarters. He is opposed to it he could like to see 1 supermarket, 1 bank, 1 drug store + 1 clothing store he feels the Village needs these kinds of commercial business.

He will support the requested commercial project by Capital District Cooperative to construct a storage shed.

He wished to thank DPW for removing the dead branches from the 6 evergreen trees in Polk Switzer Park. He would have these trees replaced with 8 new hemlocks, fir, and spruce trees planted by volunteers. He asked if he wished to pay for the trees what would the cost be.

He was sad that Bethany Presbyterian Church closed its’ doors due to declining membership and COVID-19. Bill feels bad for the remaining former Bethany member who lost their church.
Bill inquired whether the ZBA had approved the Vertical Bridge tower + when would construction begin.

Thank you for your time and consideration.

Yours sincerely
Bill Garvey Jr.

At 6:42 P.M. Trustee Harris made a motion to enter into Executive Session to discuss a legal matter, 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

The regular meeting reconvened at 7:39 P.M.

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 7:39 P.M.

__________________
Donald Handerhan
Village Clerk

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