The regular semi-monthly meeting of the Board of Trustees of theVillageofMenands, held on November 21st, 2011 was called to order by Mayor Megan Grenier at 5:30 P.M.
PRESENT:
Megan Grenier, Mayor
Timothy A. Lane, Trustee
Mark Lansing, Trustee
Mike Mackay, Trustee
Aileen Nicoll, Trustee
William T. Smith, Jr., Clerk-Treasurer
John Stangle, Deputy Clerk
Stephen Rehfuss, Village Attorney
Paul Reuss, Exec Assist to Mayor
Also attending: Bill Garvey, Brian Rozmierski, and Paul Cooney.
The Mayor led the Pledge of Allegiance.
A motion was made by Trustee Lansing seconded by Trustee Mackay to enter into Executive Session to discuss 2012 health insurance options.
ADOPTED:
Trustee Lane voting ABSENT
TrusteeLansing voting AYE
Trustee Mackay voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
The Executive Session was adjourned at 7:05 P.M.
The regular semi-monthly meeting resumed at 7:16 P.M.
The Clerk reported the account system needs to be upgraded at a cost of $3,545.00 plus a cost of $785.00 for annual support. TrusteeLansingmade a motion seconded toTrustee Laneto approve the accounting upgrade.
ADOPTED:
Trustee Lane voting AYE
TrusteeLansing voting AYE
Trustee Mackay voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
The Clerk reported the Village received two (2) BIDS for the surplus police cars.
Yousef Dabbagh $4,198.00
M.R. Parillo $ 751.61
TrusteeLansingmade a motion seconded by Trustee Mackay to accept the high bid from Yousef Dabbagh.
ADOPTED:
Trustee Lane voting AYE
TrusteeLansing voting AYE
Trustee Mackay voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
The Clerk will contact the high bidder Mr. Dabbagh and give him thirty (30) days to forward payment or he will contact the seconded bidder.
The following bids were submitted for Sage Hill Pump Station Project:
Gallo Construction Corp $147,326.00
Trinity Construction $151,813.00
HT Lyons Contractors $176,850.00
Clifford R. Gray, Inc. $183,800.00
CFI Contracting, Inc. $185,000.00
Stephen Miller General
Contractors, Inc. $206,600.00
Standard Construction Corp $211,000.00
Arold Construction Co $234,972.00
McBain Electric, Inc. $245,246.00
The Clerk stated that Barton & Loguidice, P.C. recommended that the low bidder Gallo Construction Corp for the Sage Hill Pump Station Project be awarded the project. A motion was made by Trustee Lansing seconded by Trustee Nicoll to approve Gallo Construction Corp bid.
ADOPTED:
Trustee Lane voting AYE
TrusteeLansing voting AYE
Trustee Mackay voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
A motion was made by Trustee Lansing seconded by Trustee Nicoll to accept the minutes of the November 7th, 2011 Public Hearing for a Special Use Permit to reopen the Menands Diner.
ADOPTED:
Trustee Lane voting ABSTAINED
TrusteeLansing voting AYE
Trustee Mackay voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
A motion was made by Trustee Lansing seconded by Trustee Mackay to accept the minutes of the November 7th, 2011 Special Meeting on water rates.
ADOPTED:
Trustee Lane voting ABSTAINED
TrusteeLansing voting AYE
Trustee Mackay voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
A motion was made by Trustee Lansing seconded by Trustee Nicoll to accept the minutes of the November 7th, 2011 meeting as amended.
ADOPTED:
Trustee Lane voting AYE
TrusteeLansing voting AYE
Trustee Mackey voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
A motion was made by Trustee Lansing seconded by Trustee Mackay to approve payment for the following:
WARRANT # 12
GENERAL totaling $ 62,666.82
WATER totaling 30,852.95
SEWER totaling 10,817.00
TOTAL $104,309.77
CAPITAL PROJECTS totaling $147,219.69
PAYROLL # 13 totaling $ 85,357.32
(11/04/11 -11/17/11)
ADOPTED:
Trustee Lane voting AYE
TrusteeLansing voting AYE
Trustee Mackay voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
A Local Law of the Village of Menands Amending Chapter 145 of the Code of theVillageofMenandsadding Article IV – Civil Actions: requirements to file:
A. No civil action shall be maintained against the Village for damages or injuries to person or property sustained in consequence of any street, highway, bridge, culvert, sidewalk or crosswalk being defective, out of repair, unsafe, dangerous or obstructed unless, previous to the occurrence resulting in such damages or injury, written notice of the defective, unsafe, dangerous or obstructed condition of said street, highway, bridge, culvert, sidewalk or crosswalk was actually given to the Clerk of the Village and there was a failure or neglect within a reasonable time after the receipt of such notice to repair or remove the defect, danger or obstruction complained of. No such action shall be maintained for damages or injuries to the person or property sustained solely in consequence of the existence of snow or ice upon any sidewalk, crosswalk or street unless written notice thereof, relating to the particular place, was actually given to the Clerk of the Village and there was a failure or neglect to cause such snow or ice to be removed or the place otherwise made reasonably safe within a reasonable time after the receipt of such notice.
B. The Village shall not be liable in a civil action for damages or injuries to person or property or invasion of personal or property rights of any name or nature whatsoever, whether casual or continuing, arising at law or in equity, alleged to have been caused or sustained, in whole or in part, by or because of any omission of duty, wrongful act, fault, neglect, misfeasance or negligence on the part of the Village or any of its agents, officers or employees unless a notice of claim shall have been made and served in compliance with §50-e of the General Municipal Law nor unless an action shall be commenced thereon within one (1) year after the happening of such accident or injury or the occurrence of such act, omission, fault or neglect; but no action shall be commenced to recover upon or enforce any such claim against the Village until the expiration of three (3) months after the service of said notice. Nothing herein contained, however, shall be held to revive any claim or cause now barred by any existing requirement or statute of limitations nor to waive any existing limitation now applicable to any claim or cause of action against the Village.
TrusteeLansingmade a motion seconded byTrustee Laneto amend Chapter 145 of the Village Codes pertaining to Streets and Sidewalks adding Article 4 Civil Actions.
ADOPTED:
Trustee Lane voting AYE
TrusteeLansing voting AYE
Trustee Mackay voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
The Clerk reported that the main pump station actuator failed and it was replaced on an emergency basis at a cost of $8,500.00 including installation. We also have one quote for new heating units and installation for the Wards Pump Station at $8,850.00 he will seek more quotes.
Trustee Lane questioned the status of the damage light pole on Broadway – DPW has ordered the parts and will repair it when they come in.
Trustee Mackay reported that he has received a proposal from Kathy Lanni for an emergency response communication system and is looking at one more system before making a recommendation to the Board.
Mayor Grenier requested that representatives fromDutchVillagemake a presentation at the next board meeting on their plans for36 Wards Lane.
The Clerk advised the Board that just over $198,833.73 of Delinquent Property Taxes were sent toAlbanyCountyfor collection of which over $105,747.88 is reassessed water.
At 7:41 P.M. TrusteeLansingseconded by Trustee Mackay made a motion to enter into Executive Session.
ADOPTED
Trustee Lane voting AYE
TrusteeLansing voting AYE
Trustee Mackay voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
The regular meeting reconvened at 7:48 P.M.
A motion was made by Trustee Lansing seconded by Trustee Nicoll to adjourn.
ADOPTED:
Trustee Lane voting AYE
TrusteeLansing voting AYE
Trustee Mackay voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
The meeting was duly adjourned at 7:49 P.M.
___________________
John Stangle
Deputy Clerk