Board Meeting – September 26th, 2011

  May 24, 2012

The regular semi-monthly meeting of the Board of Trustees of the Villageof Menands, held on Monday, September 26th, 2011 was called to order by Mayor Megan Grenier at 7:15 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 Asst to Mayor

Also attending: Katherine Doran, Bill Garvey, Paul Cooney, Rick Ognan, Angelo Primo, John Blaauboer, Carol Blaauboer, Peggy Kelly, Stefen Kalogridis and Gloria Flood.

Mrs. Katie Doran of Teal Becker & Chiaramonte, CPA’s, the Villages auditors presented their report to the Board for 2010 – 2011 fiscal year ending May 31, 2011.  A discussion followed with all questions being answered.  Katie Doran thanked the Village staff for their preparation and co-ordination of the audit materials.

A motion was made by Trustee Nicoll seconded by Trustee Mackay to amend Section 82 of the Village Code (see attached).

 

A LOCAL LAW OF

THE VILLAGE OF MENANDS

LOCAL LAW # ____ OF 2011

 

AMENDING CHAPTER 82-1

GARBAGE, RUBBISH, REFUSE AND RECYCLING

As amended by Trustee Lansing which also includes appeals to be brought before the Village Board

Pursuant to Section 3-310 of the Village Law, Article 12-A of the General Municipal Law, the Incorporated Village of Menands,CountyofAlbanyand the State ofNew York, hereby amends Chapter 82, Section 82-1 of the Menands Village Code.

Be it enacted by the Board of Trustees of theVillageofMenandsas follows:

SECTION 1.  Chapter 82, Section 82-1 of the Code of theVillage ofMenands is hereby amended as follows:

C.  All multiple dwellings, office buildings, commercial, industrial, and educational entities in the Village of Menands, having garbage collection services provided by a private waste management service shall, unless technically infeasible, hereby be required to secure dumpsters in an approved dumpster enclosure area.  Those entities, not having approved dumpster enclosures, unless technically infeasible, shall be required to comply within sixty (60) days of written notice, by the Village Building Inspector, Village Clerk-Treasurer, Menands Police Department, or the Board of Trustees, when delivered by classified mail.

D.  Multiple dwellings, office buildings, commercial, industrial and educational entities currently in operation shall not be excluded from providing an approved dumpster enclosure, unless technically infeasible.  All such entities that currently have dumpster enclosures, unless technically infeasible, must meet the material, location and dimensional requirements described in subsection E of this Section as determined by the

VillageBuildingInspector.  Those found to be not in compliance with this section, unless technically infeasible to comply, must, upon written notice by the building inspector,correct any nonconforming enclosure within sixty (60) days of the date of a written notice when delivered by certified or registered mail, return receipt requested.

E.  Owners of multiple dwellings, office buildings, commercial, industrial, and education entities must submit, unless technically infeasible, location, dimensional, and proposed building material information along with site plans submitted for review and approval by the Village Building Inspector.

(1) Approved Dumpster Enclosure Materials

The following materials shall be considered appropriate for building or rebuilding of a dumpster enclosure:

(a) The quality of exterior materials shall be sufficiently durable to guarantee low maintenance, stability and a reasonable life span.

(b) Approved dumpster enclosure materials:

[1] Common red brick;

[2] Architectural masonry units (colored, textured, painted);

[3] Natural stone, stone veneer or cast stone;

[4] Wood (painted or stained);

[5] Plain vinyl or metal siding provided the same is attached to a wood or       other structure and maintained to comply with visibility standards;

[6] Imitation stone, plastic, composite or resin products, provided the same is attached to a wood or other structure and maintained to comply with visibility standards.

(c)  Unapproved dumpster enclosure materials:

[1] Plain (bare) masonry units;

[2] Chain link fencing, unless such enclosure is to be screened and/or hemmed by landscaping in such a manner that the dumpster enclosure or, trash container are not fully visible.

(2)  Dumpster Enclosure Dimensional Requirements.

(a)   The dumpster enclosure must be of sufficient height to ensure that the view of the dumpster is sufficiently obstructed from view and is designed to prevent refuse from being blown out of the dumpster enclosure area.  The minimum height requirement is six (6) feet.

(b)  The dumpster enclosure must be constructed, so as to withstand snow, ice, wind (of up to 60MPH), normal daily use, without being substantially destroyed and rendered ineffective as to its purpose.

(3)  Penalty for Offense.  Multiple dwellings, commercial, industrial and educational                                                                   entities found not in compliance as provided within this section, shall be guilty of a misdemeanor.  The fine for a violation after notice shall be $50.00 per day until compliance.  Fines shall not exceed $3,000.00.

F.  Technically Infeasible

The enclosure of a dumpster that has little likelihood of being accomplished due to the existing conditions, or because other existing physical or site constraints prohibit modification or addition of elements, spaces or features that are in full and strict compliance with the minimum enclosure requirements.  If the dumpster enclosure is determined to be technically infeasible as a result, a waiver of the requirement under this article may be granted to the property owner.

G.  Review and Appeal

Any person aggrieved by any decision of the Building Inspector relative to the provisions of subsection D of this article may appeal such decision to the Village Board of Trustees and shall comply with all procedural requirements prescribed by said Village Board.

SECTION 2.  Severability

Should any section, paragraph, sentence, clause, or any other portion of this ordinance be declared by a court of competent jurisdiction to be invalid for any reason, the remaining provisions shall not be affected, if and only if, such remaining provisions can, without the invalid provision or provisions, be given the effect intended by the council in adopting this ordinance.  To this end the provisions of this ordinance are severable.

SECTION 3.  Effective Date

This ordinance shall be in full force and effect upon adoption.

The foregoing was passed by the Villageof Menands Boardof Trustees on the 26th day of September, 2011.

ADOPTED:

Trustee Lane               voting              PRESENT

TrusteeLansing           voting              AYE

Trustee Mackay           voting              AYE

Trustee Nicoll              voting              AYE

Mayor Grenier             voting              AYE

Resident John Blaauboer questioned if the Town of Colonie’s vacant buildings law applied to Menands. He was told that it did not apply.

Resident Stefen Kalogridis questioned the method of repaving on Route 378. The State Department of Transportation maintains the road and determines the method of repair.

Resident Gloria Flood described flooding basements on Glenwood Road during Hurricane Irene and the amount of water in the Polk-Switzer Park.  The Clerk will have the DPW inspect the drainage system to make sure it is functioning property.

A motion was made by Trustee Lansing seconded by Trustee Nicoll to accept the minutes of the September 6th, 2011 Special Use Permit Public Hearing for Admiral Metals.

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 Mackay to accept the minutes of the September 6th, 2011 meeting.

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 approve payment for the following:

WARRANT # 8:

GENERAL                 totaling            $179,175.40

WATER                      totaling                 5,662.17

SEWER                      totaling              147,371.48

 

VOIDED CHECK # 36318

AlbanyCountyStormwater

Membership Fee (N Heinzen

Requested payment in Jan 2012         (     3,500.00)

 

TOTAL           $328,709.05

 

PAYROLL # 8:          totaling            $ 68,866.24

(08/26/11 – 09/08/11)

 

PAYROLL # 9:          totaling            $ 82,536.19

(09/09/11 – 09/22/11)

TOTAL           $151,402.43

ADOPTED:

Trustee Lane               voting              AYE

TrusteeLansing           voting              AYE

Trustee Mackay           voting              AYE

Trustee Nicoll              voting              AYE

Mayor Grenier             voting              AYE

The Clerk led a discussion of the Villages 1st Responders Training Agreement with the Town of Colonie.  The training is free to our 1st Responders.  Trustee Mackay made a motion seconded by Trustee Nicoll to enter into the 1st Responder Training Agreement with the Town ofColonie.

ADOPTED:

Trustee Lane               voting              AYE

TrusteeLansing           voting              AYE

Trustee Mackay           voting              AYE

Trustee Nicoll              voting              AYE

Mayor Grenier             voting              AYE

The Clerk stated that he received three (3) Bids for replacement of the remaining old windows in theVillage Municipal Building.  He received the following bids:

Rosch Brothers, Inc.               $47,800.00

AJS Masonry, Inc.                  $54,380.00

C & C Specialties, Inc.           $57,000.00

A motion was made by Trustee Lansing to accept the BID from Rosch Brothers, Inc. in the amount of $47,800.00.  He also approved the transfer of money from the contingent account to cover the cost difference between the low bid and the budgeted amount.  Trustee Mackay seconded the above motion.

ADOPTED:

Trustee Lane               voting              AYE

TrusteeLansing           voting              AYE

Trustee Mackay           voting              AYE

Trustee Nicoll              voting              AYE

Mayor Grenier             voting              AYE

The Clerk stated he requested three (3) bids for replacement of furnace in Main Pump Station.  He received the following bids:

Dwight Plumbing and Heating, Inc.                           $11,767.00

Farrell Bros., Inc.                                                  $13,500.00

After a discussionTrustee Lane made a motion seconded by Trustee Mackay to accept the bid from Dwight Plumbing and Heating, Inc. in the amount of $11,767.00 to replace the furnace in the Main Pump Station.

ADOPTED:

Trustee Lane               voting              AYE

TrusteeLansing           voting              AYE

Trustee Mackay           voting              AYE

Trustee Nicoll              voting              AYE

Mayor Grenier             voting              AYE

The Clerk advised the Board that he received the Service Agreement for the Fire Company’s Service Award Program from PenFlex and needed a resolution authorizing the Mayor to sign it.  TrusteeLansingmoved the following resolution for adoption, seconded by Trustee Nicoll a resolution authorizing the Mayor to sign the annual fee agreement with PenFlex for servicing the Service Award Program.

ADOPTED:

Trustee Lane               voting              AYE

TrusteeLansing           voting              AYE

Trustee Mackay           voting              AYE

Trustee Nicoll              voting              AYE

Mayor Grenier             voting              AYE

Trustee Lansing reported that Fire Chief Ognan has requested to purchase three (3) sets of turnout gear at a cost of $5,614.00.  After a discussion Trustee Mackay seconded by Trustee Lansing authorized Fire Chief Ognan the authority to purchase three (3) sets of turnout gear.

ADOPTED:

Trustee Lane               voting              AYE

TrusteeLansing           voting              AYE

Trustee Mackay           voting              AYE

Trustee Nicoll              voting              AYE

Mayor Grenier             voting              AYE

Trustee Mackay requested that the DPW look at the road repair at MacAffer Drive and Sky Hollow.

The Clerk led a discussion of the 2% property tax cap passed by the State and it’s implications on future Village budgets.

Mayor Grenier reported that there will be a fundraising dinner at the firehouse on Thursday, October 6th and a Fall Festival fundraiser in Ganser Smith Park on Sunday, October 16th to benefit the victims of the Schoharie Valley flooding.  She also reported that the Breast Cancer walk has been cancelled this year due to the road construction on Lyons Avenue and Brookside Avenue.

The Clerk led a discussion on moving the Election Day Holiday for non-union employees to the day after Thanksgiving.  Trustee Lansing requested more information.

The Deputy Clerk reminded the Board that the Monday, October 3rd, 2011 Board Meeting has been cancelled.  The next Board Meeting will be Monday, October 17th.

At 8:40 P.M. Trustee Lansing made a motion seconded by Trustee Nicoll 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 was reconvened at 8:50 P.M.

A motion was made by Trustee Lansing seconded by Trustee Mackay 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 8:52 P.M.

__________________________

John Stangle

Deputy Clerk