The Annual Organization Meeting and semi-monthly Meeting of the Board of Trustees of the Village of Menands, was held on the 5th day of July, 2016 in the Municipal Building, Menands, New York Mayor Megan Grenier called the meeting to order at 6:00 P.M.

PRESENT:

Megan Grenier, Mayor
Steve Boulet, Trustee
Diane Foley, Trustee
Seth H. Harris, Trustee
Aileen Nicoll, Trustee
John P. Berry, Jr., Village Clerk
Stephen Rehfuss, Village Attorney
Paul Reuss, Exec Asst to Mayor

Also attending: Bill Garvey, Brian Marsh, Paul Cooney, John Stangle, Dianne Brunelle, Bob Schanz, Janet Aram and Bill Nevins.

The Mayor led the Pledge of Allegiance.

Before the start of the first agenda item, resident Dianne Brunelle asked if there was going to be an open forum that evening, since it was not on the agenda. Mayor Grenier responded that it was an organizational meeting.

Mayor Grenier appointed Trustee Nicoll as Deputy Mayor to act as such in her place and stead during her absence or inability to act and is vested with all the powers and may perform all the duties of the Mayor, pursuant to Section 4-400 of the Village Law.

Mayor Grenier reappointed Stephen Rehfuss, Esquire as Village Attorney for the ensuing official year. In his absence someone from The Rehfuss Law Firm shall act on his behalf.

Trustee Foley offered the following resolution and moved its adoption:

RESOLVED, that the appointment by Mayor Grenier of Stephen J. Rehfuss, Esquire as Village Attorney for the ensuing official year be, and hereby is approved; and be it further

RESOLVED, that the legal services and proceedings for the issuance of bonds, abstracts of title and any litigated matters shall be considered extra services, compensation for which shall be determined and audited by the Board of Trustees.

The resolution was duly seconded by Trustee Boulet.

ADOPTED:

Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE

Mayor Grenier appointed Paul Reuss as the Appeals Officer for Freedom of Information requests.

Trustee Nicoll offered the following resolution and moved its adoption:

RESOLVED, that the appointment by Mayor Grenier of Paul Reuss as the Appeals Officer for Freedom of Information requests for the ensuing official year be, and hereby is approved.

The resolution was duly seconded by Trustee Harris.

ADOPTED:

Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE

Mayor Grenier reappointed Robert Becher as Acting Village Justice for the ensuing official year.

Trustee Harris offered the following resolution and moved its adoption:

RESOLVED, that the reappointment by Mayor Grenier of Robert Becher as Acting Village Justice for the ensuing official year be, and hereby is approved.

The resolution was duly seconded by Trustee Nicoll.

ADOPTED:

Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE

Mayor Grenier reappointed John Bassett as Chairman of the Zoning Board of Appeals for the ensuing official year.

Trustee Boulet offered the following resolution and moved its adoption:

WHEREAS, the Zoning Board of Appeals of this Village was established by Local Law No 1 of 1976, and

WHEREAS, this Board has approved the appointment of the several members thereof, and

NOW THEREFORE, be it

RESOLVED, that the reappointment by Mayor Grenier of John Bassett as Chairman of the Zoning Board of Appeals of the Village of Menands be, and it hereby is, approved for a term ending July 3rd, 2017 and be it further

RESOLVED, that the Village Clerk be, and he hereby is, directed to notify the aforesaid citizen of his appointment.

The resolution was duly seconded by Trustee Foley.

ADOPTED:

Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE

Mayor Grenier reappointed Kevin Franklin as Historian of the Village of Menands for the ensuing official year.

Trustee Foley offered the following resolution and moved its adoption:

RESOLVED, that the reappointment by Mayor Grenier of Kevin Franklin as Historian of the Village of Menands for the ensuing official year be, and hereby is approved.

The resolution was duly seconded by Trustee Harris.

ADOPTED:

Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE

Mayor Grenier reappointed Bill Giering to the position of Economic Development Coordinator on a part time basis.

Trustee Nicoll made a motion to approve the reappointment of Bill Giering to the position of Economic Development Coordinator on a part time basis.

The resolution was duly seconded by Trustee Harris.

ADOPTED:

Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE

Mayor Grenier reappointed John P. Berry, Jr. as Registrar and Doreen M. Gadani as Deputy Registrar of Vital Statistics for the Village of Menands.

Trustee Boulet offered the following resolution and moved its adoption:

RESOLVED, that the reappointment by Mayor Grenier of John P. Berry, Jr. as Registrar and Doreen M. Gadani as Deputy Registrar of Vital Statistics for the Village of Menands be, and hereby is approved.

The resolution was duly seconded by Trustee Nicoll.

ADOPTED:

Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE

Trustee Harris offered the following resolution and moved its adoption:

WHEREAS, there is to be held during the coming official year

a) New York State Conference of Mayors Annual Meeting and Training School;
b) New York State Conference of Mayors Fall Training School for Fiscal Officers
and Municipal Clerks;
c) New York State Government Finance Officers Association Conference;
d) PERMA (Workers’ Compensation) Conferences;
e) New York Conference of Mayors Public Works Training School;
f) American Water Works Association Conference (NYS Chapter);
g) SAMPO (NYS Association of Municipal Purchasing Officials) School;

h) And other conferences pertaining to the Chief of Police, Fire Chiefs and Building and Fire Inspectors; and

WHEREAS, it is determined by the Board of Trustees that attendance by certain municipal officials and employees at one or more of these meetings, conferences or schools benefits the municipality, and that the expenses thereof shall be a Village charge;

NOW THEREFORE, be it

RESOLVED, that the following officers and employees are hereby authorized to attend one or more of the above mentioned conferences or schools; Mayor, Trustees, Executive Assistant to the Mayor, Village Attorney, Village Clerk, Village Treasurer, Chief of Police, Foreman of Department of Public Works and Department of Public Works Employees as directed, Building and Fire Inspectors and Fire Chiefs, and be it further

RESOLVED, that this resolution shall take effect immediately.

The resolution was duly seconded by Trustee Boulet.

ADOPTED:

Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE

Trustee Nicoll offered the following resolution and moved its adoption:

RESOLVED, that the regular meeting of the Board of Trustees, Board of Fire Commissioners of the Village of Menands shall be on the first and third Monday of each month during the ensuing official year, and in the event that the date of he regular meeting shall be a holiday, such meeting shall be held on the following day, and such meeting may be adjourned from time to time in the manner prescribed by law and shall be held at the Municipal Building in said Village at 6:00 P.M. or at such other place, or such other time as may hereafter be designated by the Board of Trustees.

This notice is given in compliance with Article 7 of the Public Officers Law, relating to open meetings.

The resolution was duly seconded by Trustee Harris.

ADOPTED:

Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE

Trustee Foley offered the following resolution and moved its adoption:

RESOLVED, that the Times Union, published in the Town of Colonie and circulated in the Village of Menands and the County of Albany, be and the same hereby is, designated as the official paper for the said Village for the publication of all local law, resolutions and notices of every kind charter or description, or any other matter required to be published during the ensuing official year.

The resolution was duly seconded by Trustee Boulet.

ADOPTED:

Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE

Trustee Boulet offered the following resolution and moved its adoption:

RESOLVED, that First Niagara Bank, N.A.; be and hereby is, designated as the official depositor of the several funds of the Village of Menands for the ensuing official year; and be it further

RESOLVED, that the monies to be deposited in the fund known as the General Fund Reserves of the Village of Menands be deposited in First Niagara Bank, N.A.; and be it further

RESOLVED, that the monies to be deposited in the fund known as the Water Fund Reserves of the Village of Menands be deposited in First Niagara Bank, N.A.; and be it further

RESOLVED, that the monies to be deposited in the fund known as the Sewer Fund Reserves of the Village of Menands be deposited in First Niagara Bank, N.A.; and be it further

RESOLVED, that the monies to be deposited in the fund known as the Equipment Reserves of the Village of Menands be deposited in First Niagara Bank, N.A.; and be it further

RESOLVED, that the monies to be deposited in the fund known as the Fire Equipment Reserves of the Village of Menands be deposited in First Niagara Bank, N.A.; and be it further

RESOLVED, that the monies to be deposited in the fund known as the Payroll – Trust and Agency Account of the Village of Menands be deposited in First Niagara Bank, N.A.; and be it further

RESOLVED, that all checks and/or orders of withdrawal from the said depository on the aforesaid funds, with the exception of the Payroll – Trust and Agency Account, shall be signed by the Village Treasurer and either the Mayor or Deputy Mayor or, in the absence of the Mayor or Deputy Mayor, by the Trustee designated by the Mayor.

The resolution was duly seconded by Trustee Foley.

ADOPTED:

Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE

Trustee Harris offered the following resolution and moved its adoption:

WHEREAS, the Board may authorize reimbursement of automobile expenses to officers and employees of the Village who use their personal automobiles while performing their official duties on behalf of the Village;

NOW THEREFORE, be it

RESOLVED, that such reimbursement hereafter be made at the rate set forth by the IRS of 54 cents per mile to such personnel when they incur such expense, unless otherwise negotiated in a collective bargaining agreement, and be it further

RESOLVED, that when properly authorized, the same be paid upon audit by the Board of Trustees.

The resolution was duly seconded by Trustee Boulet.

ADOPTED:

Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE

Trustee Nicoll offered the following resolution and moved its adoption:

RESOLVED, that all employees of the Village of Menands shall be granted vacations, sick leave, bereavement leave, jury duty leave and military leave in accordance with the provisions of the resolution adopted by the Board on May 2, 2005 unless otherwise amended or negotiated in a collective bargaining agreement.

This resolution was duly seconded by Trustee Foley.

ADOPTED:

Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE

Trustee Foley offered the following resolution and moved its adoption:

Resolved, that the next Annual Organizational Meeting be held on July 3rd, 2017 at 6:00 P.M. in the Municipal Building.

The resolution was duly seconded by Trustee Harris.

ADOPTED:

Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE

Trustee Boulet offered the following resolution and moved its adoption to designate the Clerk as the Village Public Information Officer and the Mayor or, in her absence the Deputy Mayor, as the Appeals Officer.

The resolution was duly seconded by Trustee Nicoll.

ADOPTED:

Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE

Trustee Harris offered the following resolution and moved its adoption:

RESOLVED, by the Board of Trustees of the Village of Menands that Records Retention and Disposition Schedule MU-1, issued pursuant to Article 57-A of the Arts & Cultural Affairs Law, and continuing legal minimum retention periods for local government records, is hereby adopted for use by all officers in legally disposing of valueless records listed therein.

FURTHER RESOLVED, that in accordance with Article 57-A:

a. only those records will be disposed of that are described in Records Retention and Disposition Schedule MU-1 after they have met the minimum retention periods described therein.

b. only those records will be disposed of that do not have sufficient administrative, fiscal, legal or historical value of merit retention beyond established legal minimum periods.

The resolution was duly seconded by Trustee Foley

ADOPTED:

Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE

Mayor Grenier requested that the Board assign their liaison duties to the following:

Trustee Boulet

Police Department
Youth Department

Trustee Foley

Building Department
Department of Public Works

Trustee Harris

Fire Department
Fire Company
Court

Trustee Nicoll

Historian
Economic Development

Mayor Grenier

Parks/Beautification
Seniors

The Mayor also stated that the following have agreed to continue in the following
capacities:

Mayor Grenier & Trustee Nicoll – Economic Development Committee

Brianna Coughlin – PT Youth Program

Paul Reuss – Code Enforcement & MS-4

Lyle Darmetko – PT Code Enforcement

Dianne MacFarland – PT Gardner

The Mayor asked the Trustees to coordinate the 92nd Annual Picnic. The date is Wednesday, August 17th, 2016 (rain date Thursday, August 18th, 2016).

The Mayor stated that, after the organizational meeting, the agenda item moved rather quickly so if anyone had any comments or concerns, they could speak now.

Open Forum:

Resident Bill Garvey said that he would sign-up for Village Picnic clean-up detail.

Resident Janet Aram stated that she filed a Notice of Claim with the Village and Clerk said he would set up a meeting with the Mayor. She would also like to set up a meeting with the Mayor, Village Attorney Rehfuss and her engineer. Mr. Rehfuss suggested that her engineer, Russ Reeves, should meet with our engineer Eric Johnson and DPW Foreman Hagmann. The Clerk stated he would contact Mrs. Aram next week about the meeting date and time.

Resident Brian Marsh asked if we have a surplus from last year. The Mayor responded. He also wanted to know if the Mayor heard anymore news about the NYS DOT meeting for work to be done on Van Rensselaer Boulevard. The Mayor responded.

Resident Paul Cooney asked if there was anymore news about the cut trees in the green space. The Village Attorney responded.

A motion was made by Trustee Harris, seconded by Trustee Nicoll to accept the minutes from the June 20th, 2016 Board Minutes.

ADOPTED:

Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Harris 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 #3:

GENERAL totaling $32,196.93
WATER totaling $ 553.51
SEWER totaling $ .00
TOTALS $32,750.44

PAYROLL # 2: totaling $111,431.60
(06/10/16 – 06/23/16)

ADOPTED:

Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE

Trustee Boulet introduced a 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.

At 6:29 P.M. Trustee Harris made a motion, seconded by Trustee Foley to enter into Executive Session to discuss a legal matter.

ADOPTED:

Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE

The regular meeting reconvened at 7:00 P.M.

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

ADOPTED:

Trustee Boulet voting AYE
Trustee Foley voting AYE
Trustee Harris 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

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