Annual Organization and Regular Village Board Meeting April 6, 2009

The Annual Organizational Meeting and Regular Semi-monthly Meeting of the Board of Trustees of the Village of Menands, was held on the 6th, day of April, 2009 in the Municipal Building, Menands, New York was called to order by  Mayor Thomas G. Coates at 7:00 P.M.

 

            PRESENT:      Thomas G. Coates, Mayor

                                    Megan Grenier, Trustee

                                    Timothy A. Lane, Trustee

                                    Mark Lansing, Trustee

                                    Ronald A. Miller, Trustee

                                                William T. Smith, Jr., Clerk-Treasurer

                                                Stephen Rehfuss, Village Attorney

 

            ABSENT:       Paul Reuss, Exec Asst to the Mayor

 

            Also present: Bill Garvey, Aileen Nicoll, Joe Kelly, Paul Cooney, John Stangle, Kathy Lanni, and Pete Molinaro.   

 

            The Mayor led the Pledge of Allegiance.

 

The Clerk-Treasurer stated that Trustees Megan Grenier and Timothy Lane, and Village Justice David 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.

 

Resident John Stangle inquired as to problems with the absentee ballots for the recent elections.  The Clerk explained the error and the correction that was agreed with by the County Election Board.  Mr. Stangle stated he was not happy with the procedure and the error.

 

Resident Kathy Lanni and Joe Kelly inquired as to how the investigation of the water issues on N. Lyons Avenue and Brookside Avenue were going.  They were advised that the investigation is still on going and that we had not received a report yet.  Both residents agreed to provide the Village with written permission to go on their property to investigate the situation.

 

            A motion was made by Trustee Lansing seconded by Trustee Lane to approve the minutes from the March 16th, 2009 Board Meeting.

 

            ADOPTED:    Trustee Grenier           voting              AYE

                                    Trustee Lane               voting              AYE

                                    Trustee Lansing           voting              AYE

                                    Trustee Miller              voting              AYE

                                    Mayor Coates              voting              AYE

 

A motion was made by Trustee Lansing seconded by Trustee Lane to approve the minutes from the March 16th, 2009 Public Hearing on Local Law Amending and Restating Section 153-3(b)(1) and adding Section 153-3(c) relating to Real Property Tax Exemptions for Seniors.

 

ADOPTED:    Trustee Grenier           voting              AYE

                        Trustee Lane               voting              AYE

                        Trustee Lansing           voting              AYE

                        Trustee Miller              voting              AYE

                        Mayor Coates              voting              AYE

 

A motion was made by Trustee Lansing seconded by Trustee Lane to approve the minutes from the March 16th, 2009 Public Hearing on Local Law Amending and Restating Section 153-7 and 153-8 relating to Real Property Tax Exemptions for Veterans.

 

ADOPTED:    Trustee Grenier           voting              AYE

                        Trustee Lane               voting              AYE

                        Trustee Lansing           voting              AYE

                        Trustee Miller              voting              AYE

                        Mayor Coates              voting              AYE

 

A motion was made by Trustee Lane seconded by Trustee Grenier to approve payment for the following:

 

            WARRANT # 21                                                       

                        GENERAL                 totaling            $  90,820.46    

                        WATER                      totaling                 1,410.77

                        SEWER                      totaling              158,589.50

                                                            TOTAL           $250,820.73

 

           PAYROLL # 22                     totaling            $  70,744.62

            (3/13/09 – 3/26/09)

 

            ADOPTED:    Trustee Grenier           voting              AYE               

                                    Trustee Lane               voting              AYE

                                    Trustee Lansing           voting              AYE

                                    Trustee Miller              voting              AYE

                                    Mayor Coates              voting              AYE

 

            Mayor Coates reappointed Trustee Timothy A. Lane 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 Coates reappointed Stephen J. Rehfuss, Esquire as Village Attorney for the ensuing official year.  In his absence someone from the firm of Rehfuss and Liguori can act on his behalf.

 

            Trustee Lane offered seconded by Trustee Miller the following resolution and moved its adoption:

 

            RESOLVED, that the appointment by Mayor Thomas G. Coates 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 service, compensation for which shall be determined and audited by the Board of Trustee.

 

            ADOPTED:    Trustee Grenier           voting              AYE

                                    Trustee Lane               voting              AYE

                                    Trustee Lansing           voting              AYE

                                    Trustee Miller              voting              AYE

                                    Mayor Coates              voting              AYE

 

          Mayor Coates appointed Kathleen Boyd as Acting Village Justice for the ensuing official year.

 

            Trustee Lansing 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 appointment by Mayor Coates of Kathleen Boyd as Acting Village Justice for the ensuing official year be, and hereby is approved.

 

            ADOPTED:    Trustee Grenier           voting              AYE

                                    Trustee Lane               voting              AYE

                                    Trustee Lansing           voting              AYE

                                    Trustee Miller              voting              AYE

                                    Mayor Coates              voting              AYE

 

            The Mayor in concurrence with Justice Rowley, recommended Court Clerk Margaret Jones be reappointed to another term.  After a discussion, Trustee Miller offered seconded by Trustee Grenier a resolution appointing Margaret Jones as Court Clerk.

 

            ADOPTED:    Trustee Grenier           voting              AYE

                                    Trustee Lane               voting              AYE

                                    Trustee Lansing           voting              AYE

                                    Trustee Miller              voting              AYE

                                    Mayor Coates              voting              AYE

 

 Mayor reappointed Tonia Summers to the Zoning Board of Appeals for a three-year term ending on the 6th day of April, 2012.

 

            Trustee Lansing 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, Tonia Summers has served faithfully the Village Zoning Board of Appeals

 

            NOW, THEREFORE, be it

 

            RESOLVED, that the reappointment by Mayor Thomas G. Coates of  Tonia Summers  to the Zoning Board of Appeals of the Village of  Menands be, and it hereby is, approved for a term ending on April 6th, 2012, and be it further

 

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

 

            ADOPTED:    Trustee Grenier           voting              AYE

Trustee Lane               voting              AYE

Trustee Lansing           voting              AYE

Trustee Miller              voting              AYE

                                    Mayor Coates              voting              AYE

 

            Mayor Coates appointed John Bassett as Chairman of the ZBA for the ensuing official year.

 

            Trustee Grenier offered seconded by Trustee Lane a resolution naming John Bassett as Chairman of the Zoning Board of Appeals for the ensuing official year.

 

            ADOPTED:    Trustee Grenier           voting              AYE

                                    Trustee Lane               voting              AYE

                                    Trustee Lansing           voting              AYE

                                    Trustee Miller              voting              AYE

                                    Mayor Coates              voting              AYE

 

            Trustee Lane offered seconded by Trustee Miller 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 Grenier           voting              AYE

Trustee Lane               voting              AYE

Trustee Lansing           voting              AYE

Trustee Miller              voting              AYE

                                    Mayor Coates              voting              AYE

 

            Trustee Miller offered seconded by Trustee Lansing 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 school 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, Clerk-Treasurer, Chief of Police, Foreman of Department of Public Works, Building and Fire Inspectors and Fire Chiefs, and be it further

 

RESOLVED, that this resolution shall take effect immediately.

 

            ADOPTED:    Trustee Grenier           voting              AYE

Trustee Lane               voting              AYE

Trustee Lansing           voting              AYE

Trustee Miller              voting              AYE

Mayor Coates              voting              AYE

 

            Trustee Lansing 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 Grenier           voting              AYE

Trustee Lane               voting              AYE

Trustee Lansing           voting              AYE

Trustee Miller              voting              AYE

                                    Mayor Coates              voting              AYE

 

            Trustee Grenier 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 Grenier           voting              AYE

Trustee Lane               voting              AYE

 

Trustee Lansing           voting              AYE

Trustee Miller              voting              AYE

                                    Mayor Coates              voting              AYE

 

            Trustee Lansing 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 and the HSBC Bank USA, 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 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 J. P. Morgan Chase Bank, Albany, NY, and be it further

 

            RESOLVED, that the monies to be deposited in the fund known as the Fire Equipment Fund of the Village of Menands be deposited in 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 resolution was duly seconded by Trustee Lane.

 

            ADOPTED:    Trustee Grenier           voting              AYE

Trustee Lane               voting              AYE

Trustee Lansing           voting              AYE

Trustee Miller              voting              AYE

                                    Mayor Coates              voting              AYE

 

            Trustee Miller 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 54.5 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 Grenier           voting              AYE

Trustee Lane               voting              AYE

Trustee Lansing           voting              AYE

Trustee Miller              voting              AYE

                                    Mayor Coates              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 2nd, 2005 unless otherwise amended or negotiated in a collective bargaining agreement.

 

            The resolution was duly seconded by Trustee Grenier.

 

            ADOPTED:    Trustee Grenier           voting              AYE

Trustee Lane               voting              AYE

Trustee Lansing           voting              AYE

Trustee Miller              voting              AYE

                                    Mayor Coates              voting              AYE

 

            Trustee Lansing offered the following resolution and moved its adoption:

 

            RESOLVED, that the next Annual/Organizational meeting be held on Monday, April 5th, 2010 at 7:00 P.M. in the Municipal Building.

 

            The resolution was duly seconded by Trustee Grenier.

 

            ADOPTED:    Trustee Grenier           voting              AYE

                                    Trustee Lane               voting              AYE

Trustee Lansing           voting              AYE

Trustee Miller              voting              AYE

Mayor Coates              voting              AYE

 

                        A resolution was offered by Trustee Miller seconded by Trustee Lansing 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 Grenier           voting              AYE

                                    Trustee Lane               voting              AYE

                                    Trustee Lansing           voting              AYE

                                    Trustee Miller              voting              AYE

                                    Mayor Coates              voting              AYE

 

Trustee Grenier offered seconded by Trustee Lane 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 Grenier           voting              AYE

Trustee Lane               voting              AYE

Trustee Lansing           voting              AYE

Trustee Miller              voting              AYE

                                    Mayor Coates              voting              AYE

 

            President of the Fire Company Molinaro and John Stangle led a discussion concerning the Service Award Program for the Fire Company.  Trustee Lansing will meet with the members of the Fire Company to review the plan and report back.

 

            Trustee Grenier stated she had met with Kevin Franklin concerning a sign at the Ganser Smith Park Concession Stand.  Trustee Grenier is working on prices, etc. and will report back.  Trustee Grenier also stated she met with DPW Foreman Boyd and was setting up a meeting with John Tozzi, Paul Cooney, Tim and anyone else that wanted to review the handicap parking area at Ganser Smith Park.

 

            Mayor Coates requested that the Board change their liaison duties to the following:

 

            Trustee Grenier – Police Dept and Building & Code Enforcement Depts.

 

            Trustee Lane – DPW and Seniors

 

            Trustee Lansing – Fire Dept and Youth Program

 

            Trustee Miller – Historian, Parks & Beautification

 

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

 

            Trustee Lansing and Trustee Miller – Economic Development Committee

 

            Brianna DiBaise – Youth Program

 

            Paul Reuss – Code Enforcement

 

            Al Wright – Building Inspector

 

            Dianne MacFarland as part time Gardner

 

            The Clerk advised the Board that he had received and accepted an offer for the surplus Fire Company vehicle for which he received no bids.  He also requested the Board allow him to dispose of the surplus vehicles from the Police Department and DPW that when advertised also received no BIDS.  The Board agreed to have the Clerk dispose of the surplus vehicles from the Police Department and DPW due to lack of bids.

 

            The Clerk advised the Board that the chlorine scale at the main pump station is no longer working and cannot be repaired.  DPW Foreman Boyd was only able to get two (2) prices for new scales (attached):

 

 

                                    Toledo Scales                                      $11,005.60

                                    Pro-Tech                                              $  4,170.00

 

            Trustee Lansing moved seconded by Trustee Miller a motion authorizing the purchase of a new scale from Pro-Tech for $4,170.00 plus installation and that Foreman Boyd was only able to get two (2) bids.                      

            ADOPTED:    Trustee Grenier           voting              AYE

                                    Trustee Lane               voting              AYE

                                    Trustee Lansing           voting              AYE

                                    Trustee Miller              voting              AYE

                                    Mayor Coates              voting              AYE

 

            The Clerk asked a board member to attend a meeting on the new Green Innovative Grants from DEC.  Trustee Miller advised he could attend.

 

      The next meeting of the Mohawk Hudson Village Officials will be hosted by the Village of Coxsackie on April 26th.

 

            Trustee Lane stated that Earth Day Spring Clean Up is scheduled for Sunday, April 26th

 families, friends and groups wishing to participate are asked to meet at Ganser-Smith Park between 11:30 and noon.

 

            The Clerk reminded everyone that the Public Hearing for the Budget is Wednesday, April 15th, 2009 at 6:30 PM and it will be held in the Firehouse.

 

            The Clerk led a discussion concerning the Business Breakfast after which it was scheduled for Wednesday, June 17th.

 

            A motion was made by Trustee Lansing seconded by Trustee Grenier to adjourn.

 

            ADOPTED:    Trustee Grenier           voting              AYE

                                    Trustee Lane               voting              AYE

                                    Trustee Lansing           voting              AYE

                                    Trustee Miller              voting              AYE

                                    Mayor Coates              voting              AYE

 

            The meeting was duly adjourned at 8:35 P.M.

 

 

                                                                        __________________________                                                                                                                William T. Smith, Jr.

                                                                                     Clerk - Treasurer

Date: 
Mon, 04/06/2009 - 7:00pm