Regular Village Board Meeting August 17, 2009
The regular semi-monthly meeting of the Board of Trustees of the Village of Menands was held on August 17th, 2009 and 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
Ronald H. Miller, Trustee
William T. Smith, Jr., Clerk-Treasurer
Stephen Rehfuss, Village Attorney
Paul Reuss, Exec Asst to Mayor
ABSENT: Mark Lansing, Trustee
Also attending: Anne Brockenauer, Brian Rozmerski, Jim Long and Fred Cole.
The Mayor led the Pledge of Allegiance.
Resident Anne Brockenauer inquired as to any update on the North Lyons Avenue situation, the Mayor advised her that due to conflicts a meeting could not be scheduled until Thursday the 20th to meet with the engineer and counsel to review the report and get answers to the Boards questions, however, he did talk to the school superintendent, which owns the library, about the drainage and she would work with the Village and Library. A discussion followed.
Fred Cole of the Capital District Farmers Market addressed the Board concerning the Moratorium on the review, approval and/or issuance of permits for or relation to the establishment or relocation of dealerships for the sale of new and used motor vehicles in the Village of Menands.
Resident Brian Rozmerski thanked the Board for the stop sign at Railroad Avenue and Clifford Road and inquired as to the signs for the bottom of Clifford Road the Clerk advised him they were in the works.
A motion was made by Trustee Grenier, seconded by Trustee Miller, to accept the minutes of the August 3rd, 2009 meeting.
ADOPTED: Trustee Grenier voting AYE
Trustee Lane voting AYE
Trustee Miller voting AYE
Mayor Coates voting AYE
A motion was made by Trustee Grenier, seconded by Trustee Miller, to approve payment for the following:
WARRANT # 6
GENERAL totaling $72,327.22
WATER totaling 10,022.24
SEWER totaling .00
TOTAL $82,349.46
PAYROLL # 6 totaling $66,722.18
(07/31/09 –08/13/09)
ADOPTED: Trustee Grenier voting AYE
Trustee Lane voting AYE
Trustee Miller voting AYE
Mayor Coates voting AYE
The Clerk asked the Board if there were anymore questions for Time Warner as he had given them copies of the response to the previous questions. The Clerk was given another question and he will report back at a later meeting.
The Clerk advised the Board that the Village was notified that the owner of 236 Broadway (Blumberg) had filed an application to have its property assessment changed from $1,700,000 to $330,000. The Clerk will keep the Board informed.
The Clerk advised the Board that the DPW Foreman would like to send two (2) employees to training so they can get their commercial driving license at a cost of $395 each. There is money in the Budget for this. The Board authorized the training of the employees.
There was a discussion concerning the clearing of the nature trails, the Clerk will talk to the DPW Foreman.
The Clerk advised the Board that the John Weidman Memorial Golf Tournament will not be held this year. John Murphy the usual chairman for this event, doesn’t feel he had the proper time to devote to it this year.
The Clerk advised the Board that he just received a revised estimate of the Villages payment due the Police and Fire Retirement System which is over 60% higher than was estimated when the budget was prepared. The Clerk is investigating the increase with the Retirement System, but if the increase remains the Board will need to take the additional funds from the Unappropriated Reserve later in the year.
The Clerk reminded the Board of the NYCOM Fall Training School to be held September 21st -25th at the Crown Plaza in Albany let him know if they wanted to attend.
The Clerk reminded the Board of the Village Picnic scheduled to start at 5:00 P.M. this Wednesday, August 19th, 2009.
The Clerk reminded the Board that the next Village Board Meeting is scheduled for Tuesday, September 8th due to the Monday holiday.
The following resolution was offered by Trustee Lane, who moved it adoption, seconded by Trustee Miller, to-wit:
BOND RESOLUTION DATED AUGUST 17, 2009.
A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE Replacement of Water Main on TILLINGHAST AVENUE, IN and for THE VILLAGE OF MENANDS, ALBANY COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $400,000 AND AUTHORIZING THE ISSUANCE OF $400,000 SERIAL BONDS OF SAID VILLAGE TO PAY THE COST THEREOF.
WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and
WHEREAS, the capital project hereinafter described has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the Board of Trustees has determined will not result in any significant environmental effects; and
WHEREAS, it is now desired to authorize such capital project and its financing; NOW, THEREFORE, BE IT
BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Board of Trustees of the Village of Menands, Albany County, New York, as follows:
Section 1. The replacement of water main on Tillinghast Avenue, in and for the Village of Menands, Albany County, New York, including, original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, is hereby authorized, subject to permissive referendum, at a maximum estimated cost of $400,000.
Section 2. It is hereby determined that the plan for the financing of the aforesaid maximum estimated cost is by the issuance of $400,000 of serial bonds of the Village hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years.
Section 4. The faith and credit of said Village of Menands, Albany County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Village, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Village Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Village Treasurer, consistent with the provisions of the Local Finance Law.
Section 6. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Village Treasurer, the chief fiscal officer of such Village. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Village Treasurer shall determine consistent with the provisions of the Local Finance Law.
Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Village Treasurer, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of said Village, including, but not limited to, the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Village Treasurer shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money.
Section 8. The validity of such bonds and bond anticipation notes may be contested only if:
1) Such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150‑2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long‑term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.
Section 10. Upon this resolution taking effect, the same shall be published in full or summary form in the official newspaper of said Village for such purpose, together with a notice of the Village Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
Section 11. Pursuant to the provisions of Section 36.00 of the Local Finance Law, this resolution is adopted subject to permissive referendum.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:
ADOPTED: Trustee Grenier voting AYE
Trustee Lane voting AYE
Trustee Miller voting AYE
Mayor Coates voting AYE
The resolution was thereupon declared duly adopted.
The following resolution was offered by Trustee Lane, who moved its adoption, seconded by Trustee Miller, to‑wit:
BOND RESOLUTION DATED AUGUST 17, 2009.
A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE Reconstruction of sanitary sewer line on WARDS LANE, SCOTT DRIVE AND PORTION OF BROADWAY, IN and for THE VILLAGE OF MENANDS, ALBANY COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $850,000 AND AUTHORIZING THE ISSUANCE OF $850,000 SERIAL BONDS OF SAID VILLAGE TO PAY THE COST THEREOF.
WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and
WHEREAS, the capital project hereinafter described has been determined to be a type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality
Review Act, the implementation of which as proposed, the Board of Trustees has determined will not result in any significant environmental effects; and
WHEREAS, it is now desired to authorize such capital project and its financing; NOW, THEREFORE, BE IT
BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Board of Trustees of the Village of Menands, Albany County, New York, as follows:
Section 1. The reconstruction of sanitary sewer line on Wards Lane, Scott Drive and portion of Broadway, in and for the Village of Menands, Albany County, New York, including, original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, is hereby authorized, subject to permissive referendum, at a maximum estimated cost of $850,000.
Section 2. It is hereby determined that the plan for the financing of the aforesaid maximum estimated cost is by the issuance of $850,000 of serial bonds of the Village hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years.
Section 4. The faith and credit of said Village of Menands, Albany County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Village, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Village Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Village Treasurer, consistent with the provisions of the Local Finance Law.
Section 6. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Village Treasurer, the chief fiscal officer of such Village. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Village Treasurer shall determine consistent with the provisions of the Local Finance Law.
Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Village Treasurer, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of said Village, including, but not limited to, the power to sell said bonds to the New York State Environmental Facilities Corporation; provided,
however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Village Treasurer shall be a full
acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money.
Section 8. The validity of such bonds and bond anticipation notes may be contested only if:
1) Such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150‑2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long‑term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.
Section 10. Upon this resolution taking effect, the same shall be published in full or summary form in the official newspaper of said Village for such purpose, together with a notice of the Village Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
Section 11. Pursuant to the provisions of Section 36.00 of the Local Finance Law, this resolution is adopted subject to permissive referendum.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted
ADOPTED: Trustee Grenier voting AYE
Trustee Lane voting AYE
Trustee Miller voting AYE
Mayor Coates voting AYE
The resolution was thereupon declared duly adopted.
The following resolution was offered by Trustee Lane, who moved its adoption, seconded by Trustee Miller, to‑wit:
BOND RESOLUTION DATED AUGUST 17, 2009.
A RESOLUTION AUTHORIZING ENGINEERING COSTS AND OTHER PRELIMINARY EXPENSES ASSOCIATED WITH THE ROAD RECONSTRUCTION PROJECT OF SOUTH LYON, BROOKSIDE AVENUE AND VILLA ROAD IN AND FOR THE VILLAGE OF MENANDS, ALBANY COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $70,000, AND AUTHORIZING THE ISSUANCE OF $70,000 SERIAL BONDS OF SAID VILLAGE TO PAY THE COST THEREOF.
WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and
WHEREAS, it is now desired to authorize such capital project and its financing;
NOW, THEREFORE, BE IT
BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Board of Trustees of the Village of Menands, Albany County, New York, as follows:
Section 1. Engineering costs and other preliminary expenses in connection with the road reconstruction project of South Lyons, Brookside Avenue and Villa Road, in and for the Village of Manands, Albany County, New York, including incidental expenses in connection therewith, are hereby authorized at a maximum estimated cost of $70,000.
Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $70,000 serial bonds of said Village, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law
Section 3. It is hereby determined that the aforesaid specific object or purpose constitutes a Type II Action as defined under the regulations of the State of New York promulgated pursuant to the State Environmental Quality Review Act ("SEQRA") which, as provided therein, will not have a significant adverse impact upon the environment. Upon completion of the preliminary planning phase, a complete SEQRA analysis will be completed.
Section 4. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is at five years, pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will not exceed five years.
Section 5. The faith and credit of said Village of Menands, Albany County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in said Village, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.
Section 6. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Village Treasurer, the chief fiscal officer of such Village. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Village Treasurer shall determine consistent with the provisions of the Local Finance Law.
Section 7. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Treasurer, consistent with the provisions of the Local Finance Law.
Section 8. The validity of such bonds and bond anticipation notes may be contested only if:
1) Such obligations are authorized for an object(s) or purpose(s) for which said Village is not authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150‑2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long‑term basis, or otherwise set aside with respect to the permanent funding of the object(s) or purpose(s) described herein.
Section 10. This resolution, which takes effect immediately, shall be published in full in the official newspaper of said Village, together with a notice of the Village Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:
ADOPTED: Trustee Grenier voting AYE
Trustee Lane voting AYE
Trustee Miller voting AYE
Mayor Coates voting AYE
The resolution was thereupon declared duly adopted
A discussion was held concerning the Moratorium on “The Review, Approval and/or issuance of permits for the establishment or relocation of dealerships for the sale of new and used motor vehicles in the Village of Menands” which is due to expire on September 1, 2009. After the discussion Trustee Miller moved seconded by Trustee Lane a resolution to extend the current Moratorium until September 1, 2010 with an exception from the moratorium for the follow parcel (S.B.L. 55.06-2-2.1) which is effective immediately.
ADOPTED: Trustee Grenier voting AYE
Trustee Lane voting AYE
Trustee Miller voting AYE
Mayor Coates voting AYE
A discussion was held concerning asking the County Comptroller if the County could handle the Bonding for the Village, after which Trustee Miller moved seconded by Trustee Grenier a resolution authorizing the Mayor to send a letter to the County Comptroller asking him to pursue the issue with the County Legislature.
ADOPTED: Trustee Grenier voting AYE
Trustee Lane voting AYE
Trustee Miller voting AYE
Mayor Coates voting AYE
At 8:21 P.M. Trustee Lane, made a motion seconded by Trustee Grenier, to enter into Executive Session.
ADOPTED: Trustee Grenier voting AYE
Trustee Lane voting AYE
Trustee Miller voting AYE
Mayor Coates voting AYE
The regular meeting was reconvened at 8:43 P.M.
A motion was made by Trustee Grenier, seconded by Trustee Miller, to adjourn.
ADOPTED: Trustee Grenier voting AYE
Trustee Lane voting AYE
Trustee Miller voting AYE
Mayor Coates voting AYE
The meeting was duly adjourned at 8:44 P.M.
_____________________
William T. Smith, Jr.
Clerk-Treasurer