Regular Village Board Meeting Page 1 of 14
February 5, 2007
The regular semi-monthly meeting of the Board of Trustees of the Village of Menands, held on February 5th, 2007 was called to order by Mayor John Bishop at 7:04 P.M.
PRESENT: John W. Bishop, Jr., Mayor
John F. Hagmann, Trustee
Mary M. Grenier, Trustee
Timothy A. Lane, Trustee
Ronald H. Miller, Trustee
William T. Smith, Jr., Clerk-Treasurer
Stephen Rehfuss, Village Attorney
Paul Reuss, Exec Asst to the Mayor
Also attending: William Garvey, Paul Cooney, Steven O’Connell, Diane MacFarland, Tom Coates, Angelo Primo and Paul DeDomincis.
The Mayor led the Pledge of Allegiance.
Paul DeDominicis of the Menands Youth Baseball League thanked the Board for all the help in the past and hoped that they could count on the DPW getting the field ready again. The Mayor stated the Village would again help as needed. There was a discussion concerning the concession stand and Paul was asked to meet with Trustees’ Grenier and Miller concerning the Ganser Smith Park Master Plan and the Leagues ideas for a new concession stand. The Little League opening day is tentatively scheduled for April 29th.
Paul Cooney updated the Board on the expected plans for Boswell Engineering’s building in the south end of the Village.
A motion was made by Trustee Lane seconded, by Trustee Grenier, to accept the minutes of the January 16th, 2007 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 Hagmann seconded, by Trustee Lane, to approve payment for the following:
WARRANT # 17
GENERAL totaling $54,649.88
WATER totaling 14,766.17
TOTAL $69,416.05
PAYROLL # 17 total $ 75,380.49
PAYROLL # 18 total 57,717.31
TOTAL $133,097.80
ADOPTED: Trustee Hagmann voting AYE
Trustee Grenier voting AYE
Trustee Lane voting AYE
Trustee Miller voting AYE
Mayor Bishop voting AYE
Trustee Lane offered, seconded by Trustee Miller, the following resolution and moved its adoption: A resolution authorizing the Clerk –Treasurer to transfer $30,000 from the Water Fund Unappropriated Fund Balance to F8340.0218 Pipe & Sleeve $15,000. and to F8340.0430 Outside Contractors $15,000.
ADOPTED: Trustee Hagmann voting AYE
Trustee Grenier voting AYE
Trustee Lane voting AYE
Trustee Miller voting AYE
Mayor Bishop voting AYE
Trustee Lane offered seconded, by Trustee Miller, the following resolution and moved its adoption:
RESOLVED, that Vincent Spataro, Beverly Pach, Gloria Stromberg and Elaine Habbinger are hereby appointed Inspectors of Election to preside at all Village Elections pursuant to section 15-116 of the Election Law, and be it further
RESOLVED, that such inspectors of Election shall be paid at the rate of $90.00 per day for each day served upon audit by the Board of Trustees, and be it further
RESOLVED, that Vincent Spataro be, and hereby is, constituted and designated to act as Chairman of such Inspectors of Election, and be it further
RESOLVED, that the Village Clerk-Treasurer be, and he hereby is, directed to notify such Inspectors of Election of their appointment; and to direct that they shall take and subscribe the constitutional and statutory oath of office.
ADOPTED: Mayor Bishop voting AYE
Trustee Grenier voting AYE
Trustee Hagmann voting AYE
Trustee Lane voting AYE
Trustee Miller voting AYE
There was a discussion concerning the proposed Local Law of which the public hearing was earlier. After which Trustee Miller moved, seconded by Trustee Lane a resolution to adopt the proposed Local Law #1 providing for the increase in fines for Repeat Offenders.
Penalties for Offenses- Unsafe Buildings (Chapter 64)
Local Law # 1 for 2007, amending Chapter 64 of the Village of Menands Municipal Code
§64-3: Penalties for offenses
Any person or persons who shall refuse or neglect to comply with any order of the Board of Trustees relative to the demolition, repair or strengthening of such building or part of building or who shall violate the provisions of this chapter shall be liable to a penalty not exceeding two hundred fifty dollars ($250) for the first offense, and five hundred dollars ($500) for any offense thereafter and, in addition thereto, said violation shall constitute disorderly conduct and the person violating the same shall be a disorderly person. Each incidence of any violation of a provision herein shall constitute a subsequent offense.
ADOPTED: Trustee Hagmann voting AYE
Trustee Grenier voting AYE
Trustee Miller voting AYE
Trustee Lane voting AYE
Mayor Bishop voting AYE
There was a discussion concerning the proposed Local Law of which the public hearing was earlier. After which Trustee Miller moved, seconded by Trustee Lane a resolution to adopt the proposed Local Law #2 providing for the increase in fines for Repeat Offenders.
Penalties for Offenses- Dumps and Dumpings (Chapter 81)
Local Law # 2 for 2007, amending Chapter 81 of the Village of Menands Municipal Code
§81-5: Penalties for offenses
Any person violating the provisions of this Chapter shall be subject to a penalty in the sum of not more than one hundred dollars ($100) for the first offense and two hundred fifty dollars ($250) for any offense thereafter. Each such deposit of waste material on lands within the Village of Menands not established as a public dump, dumping ground, refuse disposal area or landfill site shall constitute a subsequent violation of this chapter. Each day such lands are so used as a dump, dumping ground, refuse disposal area or landfill shall constitute a subsequent violation. Each separate violation shall be punishable as herein set forth.
ADOPTED: Trustee Hagmann voting AYE
Trustee Grenier voting AYE
Trustee Miller voting AYE
Trustee Lane voting AYE
Mayor Bishop voting AYE
There was a discussion concerning the proposed Local Law of which the public hearing was earlier. After which Trustee Miller moved, seconded by Trustee Lane a resolution to adopt the proposed Local Law #3 providing for the increase in fines for Repeat Offenders..
Penalties for Offenses- Emergency Access Systems (Chapter 86)
Local Law # 3 for 2007, amending Chapter 86 of the Village of Menands Municipal Code
§86-8: Penalties for offenses
A. Any person who shall fail to comply with any of the applicable provisions of this chapter or any lawful order, notice, directive, permit or certificate of the Office of Fire Prevention and Control, or the Village of Menands Building Department made hereunder shall be punishable by a fine of one hundred dollars ($100) for the first offense and by a fine of two hundred fifty dollars ($250) for any offense thereafter. Each month that a violation continues shall be deemed a subsequent offense.
B. In lieu of said fine, any person charged with violating the provisions of this chapter shall immediately install and maintain a key box or key box document vault subject to approval of the Office of Fire Prevention and Control.
C. It shall be unlawful for any person to tamper, meddle, deface, vandalize or interfere in any way with an emergency access system.
D. Except as provided otherwise by law, such a violation shall not be a crime, and the penalty or punishment imposed therefore shall not be deemed for any purpose a penal or criminal penalty or punishment.
ADOPTED: Trustee Hagmann voting AYE
Trustee Grenier voting AYE
Trustee Miller voting AYE
Trustee Lane voting AYE
Mayor Bishop voting AYE
There was a discussion concerning the proposed Local Law of which the public hearing was earlier. After which Trustee Miller moved, seconded by Trustee Lane a resolution to adopt the proposed Local Law #4 providing for the increase in fines for Repeat Offenders..
Penalties for Offenses- Fire Prevention and Building Construction (Chapter 90)
Local Law # 4 for 2007, amending Chapter 90 of the Village of Menands Municipal Code
§90-15: Penalties for offenses
A. Any person who shall fail to comply with any of the code hereby adopted or fail to comply therewith or who shall violate or fail to comply with any order made thereunder or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken or who shall fail to comply with such an order as affirmed or modified by the Board of Trustees or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance, of not less than fifty dollars ($50) nor more than one
thousand dollars ($1,000) for the first offense and by a fine of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) for each offense thereafter. The imposition of one (1) penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a subsequent offense.
B. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
C. Any other provision of this section to the contrary notwithstanding, the owner or operator of any vehicle which shall be parked, abandoned, standing or otherwise obstructing a fire lane established pursuant to this Article shall be guilty of an offense and, upon conviction thereof, shall be punishable by a fine of twenty-five dollars ($25) or by imprisonment for not more than ten (10) days, or by both such fine and imprisonment for the first offense and by a fine of one hundred dollars ($100) or by imprisonment for not more than fifteen (15) days, or by both such fine and imprisonment for each offense thereafter in addition to any expenses incurred by the
Village.
ADOPTED: Trustee Hagmann voting AYE
Trustee Grenier voting AYE
Trustee Miller voting AYE
Trustee Lane voting AYE
Mayor Bishop voting AYE
There was a discussion concerning the proposed Local Law of which the public hearing was earlier. After which Trustee Miller moved, seconded by Trustee Lane a resolution to adopt the proposed Local Law #5 providing for the increase in fines for Repeat Offenders..
Penalties for Offenses- Fire Prevention and Building Construction (Chapter 90)
Local Law # 5 for 2007, amending Chapter 90 of the Village of Menands Municipal Code
§90-31: Suspension of work; notice; Penalties for offenses
A. Whenever the Code Enforcement Officer or other authorized personnel has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the Article or any other applicable building laws, ordinances or regulations or not in conformity with the provisions of an application, plans or specification on the basis of which a building permit was issued or in an unsafe and dangerous manner, he shall have full power and authority to order and compel the suspension of any work and prohibit the use of any material, machinery or equipment in violation of the provisions of the Article or other law, ordinance or
regulation and shall notify the owner of the property or the owner’s agent or the architect, contractor or any other person in charge thereof or the person performing the work to suspend all work, and any such person shall forthwith stop such work and suspend all building activities until the stop order has been rescinded.
B. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by certified mail, return receipt requested. Such notice or order shall contain a description of the building, premises or property on which such violation shall have been put or may exist or to which such notice or order may refer.
C. Any person who shall continue work or authorize the continuance of work on any such building or structure after the notice herein specified has been served in accordance with the requirements of this Article shall be liable to a penalty of not less than two hundred dollars ($200) for the first offense and shall be liable to a penalty of not less than four hundred dollars ($400) for each subsequent offense, and, in addition thereto, said violation shall constitute disorderly conduct, and the person violating the same shall be a disorderly person. Each day such violation shall continue shall constitute a subsequent offense.
ADOPTED: Trustee Hagmann voting AYE
Trustee Grenier voting AYE
Trustee Miller voting AYE
Trustee Lane voting AYE
Mayor Bishop voting AYE
There was a discussion concerning the proposed Local Law of which the public hearing was earlier. After which Trustee Miller moved, seconded by Trustee Lane a resolution to adopt the proposed Local Law #6 providing for the increase in fines for Repeat Offenders..
Penalties for Offenses- Flood hazard control (Chapter 93)
Local Law # 6 for 2007, amending Chapter 93 of the Village of Menands Municipal Code
§93-8: Penalties for offenses
No structure shall hereafter be constructed, located, extended, converted or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than two hundred fifty dollars ($250) or imprisonment for not more than fifteen (15) days, or both for the first offense and shall be fined no more than five hundred dollars ($500) or imprisonment for not more than twenty (20) days or both for
each subsequent offense. Each day of noncompliance shall be considered a subsequent offense. Nothing herein contained shall prevent the Village of Menands from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under Article VI will be declared noncompliant and notification shall be sent to the Federal Emergency Management Agency.
ADOPTED: Trustee Hagmann voting AYE
Trustee Grenier voting AYE
Trustee Miller voting AYE
Trustee Lane voting AYE
Mayor Bishop voting AYE
There was a discussion concerning the proposed Local Law of which the public hearing was earlier. After which Trustee Miller moved, seconded by Trustee Lane a resolution to adopt the proposed Local Law #7 providing for the increase in fines for Repeat Offenders..
Penalties for Offenses- Junked Vehicles (Chapter 110)
Local Law # 7 for 2007, amending Chapter 110 of the Village of Menands Municipal Code
§110-6: Penalties for offenses
Any person, firm or corporation violating any provision of this chapter shall, upon conviction thereof; be punishable by a fine of no less than twenty-five dollars ($25) nor more than two hundred fifty dollars ($250) or imprisonment for a term not exceeding fifteen (15) days, or both for the first offense and by a fine of not more than five hundred dollars ($500) or imprisonment for a term not exceeding twenty (20) days, or both for each subsequent violation in addition to any expenses incurred by the Village. For the purposes of this chapter, each day that the condition is not remedied after the expiration of the time given to remove the junked vehicle shall constitute a subsequent offense.
ADOPTED: Trustee Hagmann voting AYE
Trustee Grenier voting AYE
Trustee Miller voting AYE
Trustee Lane voting AYE
Mayor Bishop voting AYE
There was a discussion concerning the proposed Local Law of which the public hearing was earlier. After which Trustee Miller moved, seconded by Trustee Lane a resolution to adopt the proposed Local Law #8 providing for the increase in fines for Repeat Offenders..
Penalties for Offenses – Peddling and soliciting (Chapter 123)
Local Law # 8 for 2007, amending Chapter 123 of the Village of Menands Municipal Code
§123-3: Penalties for offenses
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not less than twenty five dollars ($25) for the first offense and by a punishable fine of not less than fifty dollars ($50) for each subsequent offense. Any individual who defaults in the payment of such fine shall be imprisoned in the Albany County Jail until such fine be paid, not exceeding one (1) day for each dollar of the fine.
ADOPTED: Trustee Hagmann voting AYE
Trustee Grenier voting AYE
Trustee Miller voting AYE
Trustee Lane voting AYE
Mayor Bishop voting AYE
There was a discussion concerning the proposed Local Law of which the public hearing was earlier. After which Trustee Miller moved, seconded by Trustee Lane a resolution to adopt the proposed Local Law #9 providing for the increase in fines for Repeat Offenders..
Penalties for Offenses- Sewers (Chapter 135)
Local Law # 9 for 2007, amending Chapter 135 of the Village of Menands Municipal Code
§135-45: Penalties for offenses
Any person, firm, corporation or other violating any provisions of the Part 1 shall be deemed guilty of a violation as defined by §10.00, Subdivision 3, of the Penal Law of the State of New York, and upon conviction thereof, shall be subject to a fine of not exceeding three hundred dollars ($300) or to imprisonment for not exceeding fifteen (15) days, or to both such fine and imprisonment for the first violation and subject to a fine not to exceed five hundred dollars ($500) or imprisonment for a period not to exceed twenty (20) day, or to both such fine and imprisonment for each and every subsequent violation. For purposes of this Chapter, every day that such violation continues shall constitute a subsequent violation.
ADOPTED: Trustee Hagmann voting AYE
Trustee Grenier voting AYE
Trustee Miller voting AYE
Trustee Lane voting AYE
Mayor Bishop voting AYE
There was a discussion concerning the proposed Local Law of which the public hearing was earlier. After which Trustee Miller moved, seconded by Trustee Lane a resolution to adopt the proposed Local Law #10 providing for the increase in fines for Repeat Offenders..
Penalties for Signs and Billboards (Chapter 138)
Local Law # 10 for 2007, amending Chapter 138 of the Village of Menands Municipal Code
§138-14: Penalties for offenses
A. Any person or persons, associations or corporations committing an offense against this Article or any section or provision thereof is guilty of a violation and shall, upon conviction therefore, be subject to a fine not exceeding fifty dollars ($50) or imprisonment not exceeding fifteen (15) days, or both for the first offense and shall be subject to a fine not exceeding two hundred fifty dollars ($250) or imprisonment not exceeding twenty (20) days, or both for each subsequent offense.
B. In the event of a continuing offense against any section or provision of this Article, each day that such offense shall continue shall be a subsequent violation and subject to a separate fine, imprisonment or combination thereof.
C. Notwithstanding a conviction for an offense against any provisions or sections, an association or corporation convicted shall be subject to revocation of any permit therein granted without reimbursement of fees paid therefore.
D. In lieu of or in addition to any fine or imprisonment, or both, imposed for a conviction of an offense against this Article, each such offense may be subject to a civil penalty not to exceed fifty dollars ($50) for the first offense and not to exceed two hundred fifty dollars ($250) for each subsequent offense, to be recovered in an action or proceeding in a court of competent jurisdiction. Each day an offense continues shall be considered a subsequent offense and subject to a separate civil penalty.
E. The village may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with this Article, notwithstanding the provisions of Subsection A, B, and C of this section, for a penalty or other punishment.
ADOPTED: Trustee Hagmann voting AYE
Trustee Grenier voting AYE
Trustee Miller voting AYE
Trustee Lane voting AYE
Mayor Bishop voting AYE
There was a discussion concerning the proposed Local Law of which the public hearing was earlier. After which Trustee Miller moved, seconded by Trustee Lane a resolution to adopt the proposed Local Law #11 providing for the increase in fines for Repeat Offenders..
Penalties for Streets and Sidewalks (Chapter 145)
Local Law # 11 for 2007, amending Chapter 145 of the Village of Menands Municipal Code
§145-1: Building materials stored in streets; permit required; restrictions; penalties.
Any person who shall place or cause to be placed any stone, brick, boards, plank, timber, lumber, or other materials for building in or upon any street, alley, public square or public place in the Village without a written permit from the Village Clerk shall be liable to pay to the Village a penalty of one hundred dollars ($100) for the first twenty-four (24) hours the same shall remain in such alley or public square without written permission and shall be liable to the Village for a penalty of two hundred dollars ($200) for each and every twenty-four (24) hour period thereafter. The Building Department/Inspector may give permission, in writing, to any person to place and
keep building material to be used for the purpose of building, in any of the streets, alleys, public squares or public places of the Village in front of the lot or place where the structure is proposed to be erected, provided that such permission shall not be for a longer period than three months, nor shall such permission authorized the obstruction of any sidewalks or gutters nor more than ½ of the carriageway of the street in front of such lot or place. Any such permit may be revoked by the Village Clerk or Board of Trustees. Every person obtaining such a permit shall place proper barriers at each end of the sidewalk in front of the premises on which such building is being done and remove such barriers and keep the passageway and sidewalk free and clear during the hours when work is not actually in progress and
cause all materials and the rubbish accumulated to be removed from the street, alley or public square as soon as the work upon the structure shall have been completed or the permission granted shall have expired or have been revoked, and, upon his neglecting or refusing so to do, he shall be liable to pay to the Village a penalty of one hundred dollars ($100) for the first twenty four (24) hours the same shall remain after said permit shall have expired or after being notified that such permit has been revoked and two hundred dollars ($200) for each and every subsequent twenty four (24) hour period that elapses thereafter.
ADOPTED: Trustee Hagmann voting AYE
Trustee Grenier voting AYE
Trustee Miller voting AYE
Trustee Lane voting AYE
Mayor Bishop voting AYE
There was a discussion concerning the proposed Local Law of which the public hearing was earlier. After which Trustee Miller moved, seconded by Trustee Lane a resolution to adopt the proposed Local Law #12 providing for the increase in fines for Repeat Offenders..
Penalties for Streets and Sidewalks (Chapter 145)
Local Law # 12 for 2007, amending Chapter 145 of the Village of Menands Municipal Code
§145-3: Deposit of rubbish in public places prohibited; penalties.
Any person who shall sweep, throw or deposit or cause to be swept, thrown or deposited any ashes, dirt, stone, brick, straw, grass, hay, weeds, chips, shavings or rubbish of any kind or any slops in any street, lane, gutter, or public place or any garbage in any canal or on any sidewalk in the Village shall be liable to pay to the Village a penalty of one hundred dollars ($100) for the first offense and two hundred fifty dollars ($250) for each and every subsequent violation of this section.
ADOPTED: Trustee Hagmann voting AYE
Trustee Grenier voting AYE
Trustee Miller voting AYE
Trustee Lane voting AYE
Mayor Bishop voting AYE
There was a discussion concerning the proposed Local Law of which the public hearing was earlier. After which Trustee Miller moved, seconded by Trustee Lane a resolution to adopt the proposed Local Law #13 providing for the increase in fines for Repeat Offenders..
Penalties for Streets and Sidewalks (Chapter 145)
Local Law # 13 for 2007, amending Chapter 145 of the Village of Menands Municipal Code
§145-7: Unauthorized use of streets and sewers prohibited; penalties.
Every person who shall obstruct, occupy or use any part of any street, walk, lane, public square or other public grounds or gutter, sewer, drain, brook, watercourse or public walk in any other manner or for any other purpose than is authorized by law or is expressly permitted by the ordinances of the Village shall, in cases not specifically provided for by the ordinances, be liable to pay to the village a penalty of one hundred dollars ($100) for the first offense and two hundred fifty dollars ($250) for each and every subsequent offense.
ADOPTED: Trustee Hagmann voting AYE
Trustee Grenier voting AYE
Trustee Miller voting AYE
Trustee Lane voting AYE
Mayor Bishop voting AYE
There was a discussion concerning the proposed Local Law of which the public hearing was earlier. After which Trustee Miller moved, seconded by Trustee Lane a resolution to adopt the proposed Local Law #14 providing for the increase in fines for Repeat Offenders..
Penalties for Streets and Sidewalks (Chapter 145)
Local Law # 14 for 2007, amending Chapter 145 of the Village of Menands Municipal Code
§145-8: Weeds, shade and ornamental trees. (Amended 8-4-2003 by L.L. No. 3-2003)
A. Every owner or occupant of premises within the Village of Menands shall keep the shade and ornamental trees, bushes and plantings in the public streets in front of said premises trimmed so that the branches thereof shall not be lower than eight feet from the surface of the ground and so as not in any manner to interfere with or obstruct the light from or impede the public travel on any of said streets or sidewalks thereof. No poplar trees shall hereafter be planted within one hundred (100) feet of the street line. Every person who shall offend against the provisions of this section shall be liable to pay to the Village a penalty of one hundred dollars ($100)
for the first offense and shall be liable to pay a penalty not to exceed two hundred fifty dollars ($250) for each and every subsequent violation of this section in addition to any expenses incurred by the Village. The planting of all trees on streets hereafter shall be on the true line and under the direction of the Planning Board.
B. All premises and immediate exterior property shall be maintained free from weeds or plant growth in excess of ten (10) inches (254mm). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers, ornamental grasses and gardens.
C. Upon failure of the owner or agent having charge of property to cut and destroy weeds after service of a notice of violation by the Village Code Enforcement Officer, he or she shall be subject to prosecution and, upon conviction thereof, be punishable by a fine of not more than one hundred dollars ($100) for the first offense and by a fine of not more than two hundred fifty dollars ($250) for each and every subsequent offense. Upon failure to comply with the notice of violation, any duly authorized employee of the Village or contractor hired by the Village shall be authorized to enter upon the property in violation and cut and/or destroy the weeds growing
thereon, and the costs of such removal shall be billed to and paid by the owner or agent responsible for the property within thirty (30) days of the billing date. Unpaid costs shall constitute a lien upon the real property. The lien shall be prior to and superior to every other lien or claim except the lien of an existing tax, assessment or other lawful charge imposed by or for the state or a political subdivision or district thereof.
ADOPTED: Trustee Hagmann voting AYE
Trustee Grenier voting AYE
Trustee Miller voting AYE
Trustee Lane voting AYE
Mayor Bishop voting AYE
There was a discussion concerning the proposed Local Law of which the public hearing was earlier. After which Trustee Miller moved, seconded by Trustee Lane a resolution to adopt the proposed Local Law #15 providing for the increase in fines for Repeat Offenders..
Penalties for Streets and Sidewalks (Chapter 145)
Local Law # 15 for 2007, amending Chapter 145 of the Village of Menands Municipal Code
§145-13: Removal of Village Engineer’s posts, stakes or marks; penalties
Any person who, with fraudulent or unlawful intent to alter the pitch, grade or level of any street, lane, alley, square, sidewalk or crosswalk shall remove, alter, pull up or deface any post or stake or mark or cause the same to be done, which post or stake or make has been fixed or placed there by the Village Engineer, or other agents on behalf of the Village of Menands, shall be liable to pay the village a penalty of two hundred fifty dollars ($250) for the first offense and shall be liable to pay a penalty of five hundred dollars ($500) for each and every subsequent offense in addition to any expenses incurred by the Village.
ADOPTED: Trustee Hagmann voting AYE
Trustee Grenier voting AYE
Trustee Miller voting AYE
Trustee Lane voting AYE
Mayor Bishop voting AYE
There was a discussion concerning the proposed Local Law of which the public hearing was earlier. After which Trustee Miller moved, seconded by Trustee Lane a resolution to adopt the proposed Local Law #16 providing for the increase in fines for Repeat Offenders..
Penalties for Streets and Sidewalks (Chapter 145)
Local Law # 16 for 2007, amending Chapter 145 of the Village of Menands Municipal Code
§145-17: Clearing of snow and ice from sidewalks required; action by village.
A. Any owner, proprietor, lessee or lessor entitled to the possession of any vacant lot, any owner of any house or other building and any person having charge of any house or other building and any person having charge of any church, cemetery or public building in the village shall, during the winter season and during the time snow or ice shall continue on the ground and within twelve (12) hours after being notified by a member of the Police Department or by a person having the power of a policeman, clear from the sidewalks and gutter in front of such lot or building the snow and ice or shall, in case snow and ice are so congealed that it cannot be removed
without injury to the pavement or any other lawful surfacing used for sidewalks, cause said snow and ice to be strewn with sand or ashes as to allow citizens to use the sidewalks in an easy and commodious manner.
Should the owner, occupant or person in charge fail to comply with the provisions of this Article, foreman of the Department of Public Works, Building Inspector, or other authorized individuals of the village will be authorized to remove the snow and ice or sprinkle sand over the same, the cost of which will become a charge against the property, and the charge will be levied with the next tax against the property. In addition, the owner, occupant or person in charge shall be liable to the village for a fine in the amount of twenty five dollars ($25) for the first offense and one hundred dollars ($100) for each and every subsequent offense in addition to any expenses incurred by the Village.
ADOPTED: Trustee Hagmann voting AYE
Trustee Grenier voting AYE
Trustee Miller voting AYE
Trustee Lane voting AYE
Mayor Bishop voting AYE
There was a discussion concerning the proposed Local Law of which the public hearing was earlier. After which Trustee Miller moved, seconded by Trustee Lane a resolution to adopt the proposed Local Law #17 providing for the increase in fines for Repeat Offenders..
Penalties for Subdivision of land (Chapter 148)
Local Law # 17 for 2007, amending Chapter 148 of the Village of Menands Municipal Code
§148-5: Penalties for offenses.
A. Any person, firm, corporation, agent, owner, occupant or lessee who shall violate any of the provisions of this chapter shall, upon conviction, be sentenced to pay a fine of not more than two hundred fifty dollars ($250) for the first offense and in an amount not to exceed five hundred dollars ($500) for each and every subsequent violation. Each day’s continued violation of this chapter, after written notice thereof, shall constitute a subsequent and additional violation. Such fine shall be collected, as similar fines are now by law collected.
B. In addition to the above-mentioned penalties or in lieu thereof, the Village Board may also maintain an action or proceeding in the name of the village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
ADOPTED: Trustee Hagmann voting AYE
Trustee Grenier voting AYE
Trustee Miller voting AYE
Trustee Lane voting AYE
Mayor Bishop voting AYE
There was a discussion concerning the proposed Local Law of which the public hearing was earlier. After which Trustee Miller moved, seconded by Trustee Lane a resolution to adopt the proposed Local Law #18 providing for the increase in fines for Repeat Offenders..
Penalties for Offenses- Abandoned Vehicles (Chapter 160)
**See §160-58 for an enumeration of restrictions on abandoned vehicles.
Local Law # 18 for 2007, amending Chapter 160 of the Village of Menands Municipal Code</ | 
