The Annual Organizational Meeting and Regular Semi-monthly Meeting of the Board of Trustees of the Village of Menands, held on the 4th day of April, 2005 in the Municipal Building, Menands, New York was called to order by Mayor John W. Bishop at 7:00 P.M.
Present: John W. Bishop, Jr., Mayor
John F. Hagmann, Trustee
Timothy A. Lane, Trustee
Ronald H. Miller, Trustee
Megan Grenier, Trustee
William T. Smith, Jr., Clerk-Treasurer Stephen Rehfuss, Village Attorney John T. Stangle, Jr., Exec. Asst. to Mayor
Also present: Michael Portanova; Paul W Harbour; Beth Harbour; Joyce O’Brien; Shelagh Nugent; Deidre Martinez; Jonathan Cassidy; Carol Blaauboer; Claudia Graham; Dianne McFarland; Mary Lou Smith; Jim Kloop; Susan Kloop; James Long; Bob Schanz.
The Mayor led the Pledge to the Flag.
The Mayor on behalf of Governor George E. Pataki presented the New York State Cross for Conspicuous Service to Captain Patrick J. Lane, USA (attached). Captain Lane thanked everyone for everything they have done from the Home Coming Parade to the Medal Ceremony.
Mr. Michael Portanova a resident of Park Lane Apartments asked the Board to pass an ordinance limiting cooking to kitchens and requiring them to have an outside vent. After a lengthy discussion Attorney Rehfuss said, he had advised Mr. Portanova to retain a lawyer, when he spoke to him last year; and John Stangle was asked to check with the Apartment Complex Management to insure all NYS Building Codes are being enforce.
Residents Claudia Graham of 1 Bridge Road and Tim & Susan Kloop of 2 Sage Court discussed flooding problems on their properties from what they feel is the construction of new homes over the last (3) three or (4) four years above their property. After a lengthy discussion the Mayor asked John Stangle to review the plans for the homes in question to determine if they did what was required.
The Clerk-Treasurer stated that Trustees Meg Grenier and Tim Lane, and Village Justice Rowley had duly taken and subscribed their respective oaths of office and had executed the usual affidavit of their offices and that the same had been duly filed.
A motion was made by Trustee Lane, seconded by Trustee Hagmann, to accept the minutes of the March 21, 2005 meeting.
ADOPTED: Trustee Hagmann voting AYE
Trustee Grenier voting AYE
Trustee Lane voting AYE
Trustee Miller voting AYE
Mayor Bishop voting AYE
A motion was made by Trustee Lane, seconded by Trustee Hagmann, to approve payment for the following:
WARRANT # 21
GENERAL totaling $184,235.55
WATER totaling 213.03
PAYROLL #22 totaling $63,276.50
ADOPTED: Trustee Hagmann voting AYE
Trustee Grenier voting AYE
Trustee Lane voting AYE
Trustee Miller voting AYE
Mayor Bishop voting AYE
Mayor Bishop reappointed Trustee John F. Hagmann as Deputy Mayor to act as such in his place and stead during his 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 Bishop reappointed Stephen J. Rehfuss, Esquire as Village Attorney for the ensuing official year.
Trustee Lane offered, seconded by Trustee Hagmann, the following resolution and moved its adoption:
RESOLVED, that the appointment by Mayor John W. Bishop, Jr. of Stephen J. Rehfuss, Esquire as Village Attorney for the ensuing official year be, and hereby is approved; and be it further
RESOLVED, that legal services and proceedings for the issuance of bonds, abstracts of title and any litigated matters shall be considered extra service, compensation for which shall be determined and audited by the Board of Trustees.
ADOPTED: Trustee Hagmann Voting AYE
Trustee Lane Voting AYE
Trustee Grenier Voting AYE
Trustee Miller Voting AYE
Mayor Bishop Voting AYE
Mayor Bishop reappointed Earl Jones Chief Fire Inspector and Edgar Scott, Jack Harbour and Alfred Wright Fire Inspectors for the Village of Menands.
Trustee Hagmann offered, seconded by Trustee Lane, the following resolution and moved its adoption:
RESOLVED, that the reappointment by Mayor John W. Bishop, Jr. of Earl Jones as Chief Fire Inspector and Edgar Scott, Jack Harbour and Alfred Wright as Fire Inspectors for the Village of Menands be, and hereby is approved.
ADOPTED: Trustee Hagmann Voting AYE
Trustee Lane Voting AYE
Trustee Miller Voting AYE
Trustee Grenier Voting AYE
Mayor Bishop Voting AYE
Mayor Bishop reappointed Kevin Franklin as Village Historian for the ensuing official year.
Trustee Miller offered, seconded by Trustee Hagmann, the following resolution and moved its adoption:
RESOLVED, that the reappointment by Mayor John W. Bishop, Jr. of Kevin Franklin as Historian of the Village of Menands for the ensuing official year be, and hereby is approved.
ADOPTED: Trustee Hagmann Voting AYE
Trustee Lane Voting AYE
Trustee Grenier Voting AYE
Trustee Miller Voting AYE
Mayor Bishop Voting AYE
Mayor Bishop reappointed Peter F. Stuto as Acting Village Justice for the ensuing official year.
Trustee Hagmann offered, seconded by Trustee Lane, the following resolution and moved its adoption:
WHEREAS, Section 3-301 of the Village Law of this State empowers the Mayor to appoint an Acting Village Justice who shall serve when requested by the Village Justice or in the absence or inability of the Village Justice to serve,
NOW, THEREFORE, be it
RESOLVED, that the reappointment by Mayor John W. Bishop, Jr. of Peter F. Stuto as Acting Village Justice for the ensuing official year be, and hereby is approved.
ADOPTED: Trustee Hagmann Voting AYE
Trustee Lane Voting AYE
Trustee Grenier Voting AYE
Trustee Miller Voting AYE
Mayor Bishop Voting AYE
Mayor Bishop appointed William T. Smith, Jr. as Registrar of Vital Statistics and Doreen M. Gadani as Deputy Registrar of Vital Statistics for the Village of Menands.
Trustee Hagmann offered the following resolution and moved its adoption:
RESOLVED, that the reappointment by Mayor John W. Bishop, Jr. of William T. Smith, Jr. as Registrar of Vital Statistics 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 Lane.
ADOPTED: Trustee Hagmann Voting AYE
Trustee Lane Voting AYE
Trustee Grenier Voting AYE
Trustee Miller Voting AYE
Mayor Bishop Voting AYE
Mayor Bishop reappointed John Bassett to the Zoning Board of Appeals for a term ending on the 7th day of April, 2008.
Trustee Hagmann offered, seconded by Trustee Lane, 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
WHEREAS, John Bassett has served faithfully the Village Zoning Board of Appeals
NOW, THEREFORE, be it
RESOLVED, that the reappointment by Mayor John Bishop of John Bassett to the Zoning Board of Appeals of the Village of Menands be, and it hereby is, approved for a term ending on April 7th, 2008, and be it further
RESOLVED, that the Village Clerk be, and he hereby is, directed to notify the aforesaid citizen of his reappointment.
ADOPTED: Trustee Hagmann Voting AYE
Trustee Lane Voting AYE
Trustee Grenier Voting AYE
Trustee Miller Voting AYE
Mayor Bishop Voting AYE
Mayor Bishop appointed Tonia L. Summers to the Zoning Board of Appeals for a one-year term ending April 3rd, 2006 to fill the unexpired term of Paul Cooney whom stepped down.
Trustee Lane offered, seconded by Trustee Hagmann, 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 appointment by Mayor John Bishop of Tonia L. Summers to the Zoning Board of Appeals of the Village of Menands be, and it hereby is, approved for a term ending on the 3rd day of April, 2006 and be it further
RESOLVED, that the Village Clerk be, and he hereby is, directed to notify the aforesaid citizen of this appointment.
ADOPTED: Trustee Hagmann Voting AYE
Trustee Lane Voting AYE
Trustee Grenier Voting AYE
Trustee Miller Voting AYE
Mayor Bishop Voting AYE
Trustee Miller offered, seconded by Trustee Lane, the following resolution and moved its adoption:
RESOLVED, that the Village Clerk-Treasurer of the Village of Menands shall file and execute an official undertaking in the sum of five hundred thousand dollars ($500,000.00) and that such undertaking shall be executed by a surety company authorized to transact business in this state, and that the expense thereof shall be a Village charge.
ADOPTED: Trustee Hagmann Voting AYE
Trustee Lane Voting AYE
Trustee Grenier Voting AYE
Trustee Miller Voting AYE
Mayor Bishop Voting AYE
Trustee Lane offered, seconded by Trustee Grenier, 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 (Worker's 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;
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, Clerk-Treasurer, Chief of Police, Village Safety Officer, Foreman of Dept. of Public Works, Building and Fire Inspectors and Fire Chiefs, and be it further
RESOLVED, that this resolution shall take effect immediately.
ADOPTED: Trustee Hagmann Voting AYE
Trustee Lane Voting AYE
Trustee Grenier Voting AYE
Trustee Miller Voting AYE
Mayor Bishop Voting AYE
Trustee Hagmann offered, seconded by Trustee Lane, the following resolution and moved its adoption:
RESOLVED, that the regular meeting of the Board of Trustees 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 the 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 7:00 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.
ADOPTED: Trustee Hagmann Voting AYE
Trustee Lane Voting AYE
Trustee Grenier Voting AYE
Trustee Miller Voting AYE
Mayor Bishop Voting AYE
Trustee Hagmann 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 laws, resolutions and notices of every kind, character or description, or any other matter required to be published during the ensuing official year.
The resolution was duly seconded by Trustee Miller.
ADOPTED: Trustee Hagmann Voting AYE
Trustee Lane Voting AYE
Trustee Grenier Voting AYE
Trustee Miller Voting AYE
Mayor Bishop Voting AYE
Trustee Grenier offered the following resolution and moved its adoption:
RESOLVED, that Key Bank, NA of Albany, NY and the J. P. Morgan Chase Bank, Albany, NY, be and they hereby are, designated as the official depositories 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 of the Village of Menands be deposited in the Key Bank, NA of Albany, Albany, New York and the J. P. Morgan Chase Bank, Albany, NY, and be it further
RESOLVED, that the monies to be deposited in the fund known as the Water Fund of the Village of Menands be deposited in the Key Bank, NA of Albany, Albany, New York; and the J. P. Morgan Chase Bank, Albany, NY, and be it further
RESOLVED, that the monies to be deposited in the fund known as the Sewer Fund of the Village of Menands be deposited in the Key Bank, NA of Albany, Albany, New York; and the J. P. Morgan Chase Bank, Albany, NY, 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 the Key Bank, NA of Albany, Albany, New York; and be it further
RESOLVED, that the funds to be deposited in the fund known as the Bond Proceeds Account of the Village of Menands be deposited in the J.P. Morgan Chase Bank, Albany, New York; and be it further
RESOLVED, that the funds to be deposited in the fund known as the Capital Projects Account of the Village of Menands be deposited in the J.P. Morgan Chase Bank, Albany, NY; 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 Clerk-Treasurer and either the Mayor or Deputy Mayor or, in the absence of the Mayor or Deputy Mayor, by a Trustee designated by the Mayor. The Payroll/Trust and Agency Account shall be signed by the Village Clerk-Treasurer or Mayor or Deputy Mayor or in their absence by a Trustee designated by the Mayor.
The resolution was duly seconded by Trustee Hagmann.
ADOPTED: Trustee Hagmann Voting AYE
Trustee Lane Voting AYE
Trustee Grenier Voting AYE
Trustee Miller Voting AYE
Mayor Bishop Voting AYE
Trustee Hagmann offered the following resolution and moved its adoption:
WHEREAS, this 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 of 40.5 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 Lane.
ADOPTED: Trustee Hagmann Voting AYE
Trustee Lane Voting AYE
Trustee Grenier Voting AYE
Trustee Miller Voting AYE
Mayor Bishop Voting AYE
Trustee Lane 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 17, 1993 unless otherwise amended or negotiated in a collective bargaining agreement.
The resolution was duly seconded by Trustee Miller.
ADOPTED: Trustee Hagmann Voting AYE
Trustee Lane Voting AYE
Trustee Grenier Voting AYE
Trustee Miller Voting AYE
Mayor Bishop Voting AYE
Trustee Grenier offered the following resolution and moved its adoption:
RESOLVED, that the next Annual/Organizational meeting be held on Monday, April 3, 2006 at 7:00 P.M. in the Municipal Building.
The resolution was duly seconded by Trustee Miller.
ADOPTED: Trustee Hagmann Voting AYE
Trustee Lane Voting AYE
Trustee Grenier Voting AYE
Trustee Miller Voting AYE
Mayor Bishop Voting AYE
A resolution was offered by Trustee Hagmann, seconded by Trustee Lane, to designate the Clerk-Treasurer as the Village's Public Information Officer and the Mayor or, in his absence, the Deputy Mayor, as the Appeals Officer.
ADOPTED: Trustee Hagmann Voting AYE
Trustee Lane Voting AYE
Trustee Grenier Voting AYE
Trustee Miller Voting AYE
Mayor Bishop Voting AYE
Trustee Grenier offered, seconded by Trustee Hagmann, 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 containing 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 to merit retention beyond established legal minimum periods.
ADOPTED: Trustee Hagmann Voting AYE
Trustee Lane Voting AYE
Trustee Grenier Voting AYE
Trustee Miller Voting AYE
Mayor Bishop Voting AYE
The Mayor asked Trustees Miller, Grenier and Lane to coordinate the Annual Picnic this year. The date is Wednesday, August 17, 2005 (rain date August 18TH).
The board members agreed to the following liaison assignments:
Trustee Hagmann Police, Court
Trustee Lane D.P.W., Beautification
Trustee Grenier Fire, Youth
Trustee Miller Seniors, Historian
Mayor Bishop Administration, Building Dept, Executive Assistant to Mayor
Trustee Hagmann offered, seconded by Trustee Miller, a resolution naming John Bassett as Chairman of the Zoning Board of Appeals for the ensuing official year.
ADOPTED: Trustee Hagmann Voting AYE
Trustee Lane Voting AYE
Trustee Grenier Voting AYE
Trustee Miller Voting AYE
Mayor Bishop Voting AYE
The Mayor in concurrence with Justice Rowley, and Acting Village Justice Stuto recommended Court Clerk Margaret Jones be reappointed to another term. After a discussion, Trustee Miller offered, seconded by Trustee Hagmann, a resolution appointing Margaret Jones as Court Clerk.
ADOPTED: Trustee Hagmann Voting AYE
Trustee Lane Voting AYE
Trustee Grenier Voting AYE
Trustee Miller Voting AYE
Mayor Bishop Voting AYE
A motion was made by Trustee Hagmann, seconded by Trustee Lane, authorizing Tim Boyd and Marty Thompson to attend the AWWA Operator Training Day to be held in Saratoga on April 20th, 2005.
ADOPTED: Trustee Hagmann Voting AYE
Trustee Lane Voting AYE
Trustee Grenier Voting AYE
Trustee Miller Voting AYE
Mayor Bishop Voting AYE
A RESOLUTION was offered by Trustee Miller, seconded by Trustee Hagmann, to pay the $85.00 annual fee for New York State Magistrates Association due for the Hon. David c. Rowley.
ADOPTED: Trustee Hagmann Voting AYE
Trustee Lane Voting AYE
Trustee Grenier Voting AYE
Trustee Miller Voting AYE
Mayor Bishop Voting AYE
The Clerk reminded everyone that the Public Hearing for the Budget is next Monday, April 11, 2005 at 7:30 PM and that it will be held in the Firehouse.
Trustee Miller reminded everyone that at the next Board meeting on April 18, 2005 the Graduate Student that is doing a project on Design Standards for the Broadway Corridor will be presenting her project then.
John Stangle advised the Board that he was discussing the flooding problems with the Kroma Kill at the CorCraft Building with CT Male whom was hired by the building’s owner to review the situation.
The Clerk and John Stangle discussed the backup of the sanitary sewer on Simmons Lane that occurred last week. The Clerk will meet with CT Male to evaluate the problem and develop a solution.
The Clerk reviewed the Bids that were opened on March 31, 2005 for Paving and Drainage work on Gibbs Circle, Oak Ridge and the Village Hall Complex the bids received were:
Peter Luizzi & Bros. Contracting, Inc. $74,182.00
86 Watervliet Avenue
Albany, NY 12206
Delsignore Blacktop Paving, Inc. $76,675.00
42 Brick Church Road
Troy, NY 12180
Hudson River Contracting, Inc. $84,000.00
Port of Albany
Albany, NY 12202
HMA Contracting Corp. $86,233.00
PO Box 151
Mechanicville, NY 12118
Empire Paving $93,450.00
1982 Duanesburg Road
Duanesburg, NY 12056
Callanan Industries, Inc. $93,920.00
PO Box 15097
Albany, NY 12212-5097
Bob Talham, Inc. $98,605.00
71 Brunswick Road
Troy, NY 12180
Kal-Harbour, Inc. $120,000.00
PO Box 4087
Albany, NY 12204
The Clerk advised the Board that he had Boswell Engineering review the bids and that he had received a letter from Boswell concluding that Peter Luizzi & Bros. Contracting, Inc. was the apparent low bidder and had met the documentation requirements. Therefore, they see no reason not to award the bid to that firm. After a discussion Trustee Hagmann moved, seconded by Trustee Miller a motion to accept the bid from, Peter Luizzi & Bros. Contracting, Inc. for the Paving and Drainage work on Gibbs Circle, Oak Ridge and the Village Office Complex.
ADOPTED: Trustee Hagmann Voting AYE
Trustee Lane Voting AYE
Trustee Grenier Voting AYE
Trustee Miller Voting AYE
Mayor Bishop Voting AYE
Trustee Lane moved seconded by Trustee Hagmann a motion to utilize our contract with Boswell Engineering to have them provide engineering services and over site of the Paving and Drainage Project awarded to Peter Luizzi & Bros. Contracting, Inc.
ADOPTED: Trustee Hagmann Voting AYE
Trustee Lane Voting AYE
Trustee Grenier Voting AYE
Trustee Miller Voting AYE
Mayor Bishop Voting AYE
The Mayor read a letter he received from resident Tom Roach concerning the condition of the guardrails and posts on MacAffer Drive. The Clerk advised the Mayor and the Board that they are on DPW Foreman Boyd’s list of things to be done this spring.
Trustee Miller discussed the Playground at Ganser Smith Park and that our architect had contacted the contractor and that the finished landscaping will be done when the weather permits, but that we should fence off the area until the landscaping and final inspection of the playground equipment is completed.
Several residents also stated that people were using the playground equipment as they were ignoring the tape. The DPW will use construction fencing to encircle the area to ensure no one trespasses until everything is complete.
John Stangle discussed the Greenway Grant he is working on.
The Clerk led a discussion on the tree replacement project on Brookside Avenue after which Trustee Grenier moved seconded by Trustee Lane to have the Clerk contract with the Capital District Community Gardens to supply (10) ten trees and the planting of them.
ADOPTED: Trustee Hagmann Voting AYE
Trustee Lane Voting AYE
Trustee Grenier Voting AYE
Trustee Miller Voting AYE
Mayor Bishop Voting AYE
A motion was made by Trustee Hagmann, seconded by Trustee Lane to adjourn.
ADOPTED: Trustee Hagmann Voting AYE
Trustee Lane Voting AYE
Trustee Grenier Voting AYE
Trustee Miller Voting AYE
Mayor Bishop Voting AYE
The meeting was duly adjourned at 9:01 p.m.
__________________________
William T. Smith, Jr.
Clerk - Treasurer
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