The regular semi-monthly meeting of the Board of Trustees of the Village of Menands, held on February 22, 2005 was called to order by Mayor John Bishop at 7:00 P.M.
PRESENT: John W. Bishop, Jr., Mayor
John F. Hagmann, Trustee
Robert J. Schanz, Trustee
Timothy A. Lane, Trustee
William T. Smith, Jr., Clerk-Treasurer
John T. Stangle, Jr., Exec. Asst. to Mayor
ABSENT: Ronald H. Miller, Trustee & Stephen Rehfuss, Village Attorney
Also attending: Village residents; Paul Cooney, Gert Kutz, Al Wright, Sheila Hyatt, Esther Nolan, Jean Parker, Lois Spataro, Dianne McFarland, Denise Stangle, Kerry Franklin, Meg Grenier, Joyce O'Brien & Jeanne Rutherford, Police Chief Mike O'Brien, Fire Chief Don Handerhan & DPW Foreman Tim Boyd.
The Mayor led the Pledge of Allegiance.
Discussions:
Paul Cooney discussed the Sub Division regulations that he was reviewing for the Village he found some sections that need updating and will have a list of recommendations in the near future.
Resident Diane McFarland inquired as to why the no vote on Trustee Schanz's motion concerning the Park fees last meeting. The Mayor, Trustee Hagmann, and Trustee Lane stated their reasons. At this time the Mayor led a discussion concerning Park user fees. The Mayor presented a proposal (attached) for Ganser-Smith park usage fees. After a lengthy discussion; during which some people were for charging everyone for use of the Park and some people were for keeping the current system; Trustee Lane offered the following, that the Mayor's proposal for the Ganser-Smith Park usage fees be adopted by the Board, Trustee Hagmann seconded the motion.
Adopted: Trustee Hagmann voting AYE
Trustee Schanz voting NO
Trustee Lane voting AYE
Mayor Bishop voting AYE
Trustee Schanz, seconded by Trustee Lane made a motion, to accept the minutes of the February 7, 2005 meeting.
Adopted: Trustee Hagmann voting AYE
Trustee Schanz voting AYE
Trustee Lane voting AYE
Mayor Bishop voting AYE
Trustee Schanz, seconded by Trustee Lane made a motion, to approve payment for the following:
WARRANT # 18 $57,405.68:
GENERAL totaling $ 40,091.76
WATER totaling 16,088.09
SEWER totaling 1,225.83
PAYROLL #19 totaling $65,091.26
Adopted: Trustee Hagmann voting AYE
Trustee Schanz voting AYE
Trustee Lane voting AYE
Mayor Bishop voting AYE
The Clerk led a discussion concerning the County's request for the Village's views concerning the extension of the additional 1% sales tax in Albany County. Trustee Hagmann offered, seconded by Trustee Schanz, a resolution authorizing the Mayor to forward a letter (see attached) to the County Executive informing him that the Village Board supports the continued extension of the 1% Sales Tax in Albany County.
Adopted: Trustee Hagmann voting AYE
Trustee Schanz voting AYE
Trustee Lane voting AYE
Mayor Bishop voting AYE
Trustee Lane presented a $500.00 gift from his brother Captain Patrick Lane to be used for Park improvements. The Mayor accepted the gift on behalf of the Village.
The Clerk advised the Board he had been in touch with Niagara Mohawk concerning the replacement of trees on Brookside Avenue. After a discussion it was decided that the residents should review the list of approved trees and suggest 1 or 2 varieties that they would like to see. The Mayor also suggested checking with Arbor of Hudson Valley, the clerk will report back.
There was a discussion concerning the application for a Quality Communities Demonstration Program, after a discussion, Trustee Lane offered, seconded by Trustee Schanz a resolution authorizing the Mayor to apply for the Quality Communities Grant for the continuation of the Broadway Corridor Revitalization Program in conjunction with the Menands Regional Market's Marketing study and upgrading of facilities.
Adopted: Trustee Hagmann voting AYE
Trustee Schanz voting AYE
Trustee Lane voting AYE
Mayor Bishop voting AYE
The Mayor advised the Board he had received a letter from the Hudson Valley Greenway Council announcing their Board meeting at the State Capital, John Stangle will be attending. He also received a survey from the Town of Colonie for their consolidation plan.
The following Department heads presented their Budget requests for the 2005-2006 fiscal year beginning June 1, 2005.
Tim Boyd - DPW, Water & Sewer Dept.'s.
Chief Michael O'Brien - Police Dept.
Chief Don Handerhan - Fire Dept.
Both Chiefs mentioned that the Town of Colonie is in the process of getting a new radio system, which the Village will be a part of, while they have no costs yet, they wanted to inform the Board that the new system will require funding some time in the future.
The Department heads answered all questions from the Board.
There was a discussion concerning the sewer problem on the Firehouse truck floor. The Clerk will have the line looked at.
Trustee Lane introduced the following proposed Local Law, Amending Chapter 82 of the Village Code.
Local Law # ____ for 2005, amending Chapter 82 of the Village of Menands Municipal Code.
§ 82-1. Purpose [Amend/add to current section] — The Village of Menands, Department of Public Works shall provide weekly curbside collection and removal of garbage/refuse. This service will be available to residential dwellings of fewer than five units. Dwellings containing more that four units shall, for the purposes of this article be considered multiple dwellings which, together with commercial or office buildings and/or dwellings where one or more units are used for commercial or office purposes, shall not be served hereunder.
§ 82-2. Definitions
GARBAGE CONTAINER OR WASTE RECEPTACLE - A solid container made of non-rusting metal, wood, or hard shell plastic used to contain refuse for storage and pick up.
PRIMARY OCCUPANT — The owner, or occupant, of a dwelling who is considered in control of such premises.
§ 82-5. Garbage Container / Waste Receptacle Requirement
All garbage/refuse to be placed curbside for removal must be secured in a sealed garbage container with a maximum volume of 45 gallons. No garbage container placed for collection shall exceed 45 pounds. All garbage containers must be of sufficient size and number to contain all waste materials accumulated by the occupants of the dwelling. The garbage container shall be water tight when sealed and must not be filled to a height that prevents effective closure. Primary occupant(s) found in violation after complaint shall be found in violation and subject to penalties including fines under §82-4 of this article.
1. Paper or Plastic bags shall not be considered an acceptable container for curbside garbage placement.
2. All small trash and rubbish is to be either bagged or tied in clear (non-opaque) plastic bags and placed in an approved garbage container.
3. Grass, leaves and other yard waste and debris shall be placed curbside in biodegradable paper bags approved for such use and/or made available by the Village of Menands and/or the Town of Colonie.
4. Tree trimmings shall be tied in bundles not exceeding four feet in length.
5. Containers that are in dilapidated or unsanitary condition, are oversized or otherwise do not conform to the requirements set forth herein shall be removed by the Department of Public Works upon the violator's failure, along with a written notice, to do so.
§ 82-6. Refuse Curbside Placement
Residents shall be prohibited from placing or leaving refuse on the curbside prior to 6:00 PM on the evening prior to the scheduled curbside garbage collection. Primary occupants found in violation of this section after complaint, shall be found in violation and subject to penalties including fines under §82-4 of this article.
§ 82-7. Securing/Storing Garbage Containers
1. Residents shall be required to recover and/or remove emptied garbage containers or other waste receptacles from curbside by 7:00 PM on the day of scheduled garbage collections.
2. Garbage containers must be stored on the premise of the primary occupant in a secure location that is out of sight of the general public and shall not be a cause for disturbance to neighboring, or nearby, property owners.
Primary occupants found in violation of this section after complaint shall be subject to penalties including fines under §82-4 of this article.
§ 82-8. Importing Refuse
No person shall transport garbage into the Village of Menands for curbside collection. Residents shall be prohibited from accepting or importing, to their property or residence, refuse from outside of the Village of Menands with the intent that such refuse will be removed by the Department of Public Works of the Village of Menands. Any person offending or violating this section shall be guilty of a violation. Primary occupants and/or non-residents found in violation of this section after complaint shall be subject to penalties including fines under §82-4 of this article.
§ 82-9. Special Pickup
The village of Menands shall provide for a weekly special pickup of bulky rubbish items.
Residents of the Village of Menands are authorized to request "special" pick up for removal of such bulky rubbish or trash from their property or residence. The Village Office must receive notice from the occupant, either verbal or written, at least 24 hours prior to the placement of the materials at curbside for removal. Failure to provide such notice prior to placement of the materials at curbside shall be considered a public dumping violation. Primary occupants found in violation of this section after complaint shall be subject to penalties including fines under §82-4 of this article.
§ 82-10. Prohibited Items
Residents shall be prohibited from placing the following items at curbside for removal either on regular collection days or for special pickup:
Contractor's materials, including but not limited to bulk roof shingles, dimensional framing lumber, bulk or sheet plywood, paneling, plasterboard, sheetrock, stone, blacktop, concrete, brick or concrete block.
Batteries; fluorescent tubes; electronics equipment including but not limited to televisions; computer monitors and related equipment;
tires; medical waste; industrial waste and or other hazardous or dangerous materials; acids; wet paints; propane tanks and/or containers of other combustible materials.
Primary occupants found in violation of this section after complaint shall be subject to penalties including fines under §82-4 of this article.
Trustee Lane also advised the Board that the Community Development request for additional lights on Broadway was submitted and that the Hearing will be March 2, 2005.
The Board presented their Liaison reports:
Mayor Bishop - Bldg. Inspector, Jon Stangle, Administration services
Trustee Hagmann - Police Dept.
Trustee Lane - DPW and Beautification
Trustee Schanz - Fire Dept.
There was a discussion on the Service Award list after which Trustee Schanz offered, seconded by Trustee Lane a motion authorizing the Board to sign the Service Award points list and post it for 30 days.
Adopted: Trustee Hagmann voting AYE
Trustee Schanz voting AYE
Trustee Lane voting AYE
Mayor Bishop voting AYE
John Stangle reported that the Stewart's Shop at Broadway and Menand Road is removing its gas tanks and replacing them with landscaping and a Picnic area. Also that Tyler Fire Apparatus & Equipment is moving into the Village in the old Modern Health Building on Broadway just south of Wolfert Avenue.
The Clerk read a Thank You letter from the School to the DPW (attached).
Trustee Lane advised the Board he had written to Assemblyman Bob Reilly requesting $5,000.00 for additional work in the Ganser-Smith park (copy attached).
At 9:32 p.m., a motion was made by Trustee Lane, seconded by Trustee Hagmann, to enter into executive session.
Adopted: Trustee Hagmann voting AYE
Trustee Schanz voting AYE
Trustee Lane voting AYE
Mayor Bishop voting AYE
The regular meeting reconvened at 10:00 P.M.
A motion was made by Trustee Hagmann, seconded by Trustee Lane to adjourn.
Adopted: Trustee Hagmann voting AYE
Trustee Schanz voting AYE
Trustee Lane voting AYE
Mayor Bishop voting AYE
The meeting was duly adjourned at 10:01 P.M.
_____________________
William T. Smith, Jr.
Clerk-Treasurer
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