Public Forum – May 24th, 2023

A public forum was held on Tuesday, May 24, 2023, at 6:00 pm at the Village Hall, 250 Broadway, Menands. A video of that hearing can be seen here.

The Times Union wrote about it as well:

‘We don’t want you:’ Menands residents upset over addiction recovery clinic

The following requests for information have been sent – replies will be added as received

Email Sent to Village Mayor & Trustees on May 8, 2023

Dear Mayor & Village Trustees

I hope this email finds you well. As a concerned resident of the Village of Menands. I am writing to inquire about the approval process and any public hearings that were held in relation to the Fusion Recovery methadone clinic in a residential neighborhood.

As you may be aware, there is growing concern among community members about the potential impact of this clinic on our neighborhood. In order to better understand the decision-making process and ensure that the concerns of the residents are taken into account, I kindly request information on the following:

The approval process: Could you please provide a detailed outline of the steps and requirements that were followed to approve the establishment of the methadone clinic in our residential area? This information would help us better comprehend the legal and procedural aspects of the project.

Public hearings and community involvement: Were there any public hearings or community meetings held to discuss the proposed methadone clinic, gather input from residents, and address potential concerns? If so, kindly provide details about these events, including dates, locations, and outcomes.

Your Position – are you in support of this clinic? If not, what steps were taken to alert the public?

I appreciate your dedication to serving our community, and we trust that you will prioritize the safety and well-being of the Village of Menands in your decision-making process. Your prompt response to this inquiry would be greatly appreciated.

Thank you for your attention to this matter. I look forward to your reply.

Email sent to building inspector on May 8, 2023

Hi Lyle,

I hope this email finds you well. I have a couple of questions regarding the Fusion Recovery facility and I’m hoping you could provide some answers:

I noticed that Fusion Recovery now has a “now open” sign displayed in their window. Have they been issued a Certificate of Occupancy (CO)? With all the construction happening on-site and in the surrounding area, are they even eligible for a CO?
I observed that there are approximately 60 seats in the waiting room. How many parking spaces are required for a facility of this size? Additionally, how many parking spaces are currently available? If spaces are occupied by inventory and equipment, are they still considered “available”?

I appreciate your prompt response and any insights you can provide.

Reply received May 11, 2023

Building Inspector Reply

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FOIL Request Submitted on May 15, 2023

I am writing to request information under the New York State Freedom of Information Law (FOIL). I am interested in obtaining detailed data pertaining to Fusion Recovery, a methadone clinic located at 444 Broadway, Menands, NY. Specifically, I am seeking information about the clinic’s licensing and credentialing process, its compliance with relevant rules and regulations, and the qualifications of its CEO and founding partner, Mitchell Baumann.

In line with this, I kindly request the following documents and data:

Licensing Application: I request access to Fusion Recovery’s original licensing application, inclusive of all supporting documents, as well as any subsequent amendments or updates to this application.
Approval and Correspondence: I would like to review any correspondence between Fusion Recovery and the Office of Addiction Services and Supports (OASAS), including, but not limited to, approval letters, requests for additional information, and any other relevant communications.
Inspection Reports: Please provide any reports or records of inspections carried out at Fusion Recovery, specifying the dates of inspections, the names and roles of the inspectors, and the findings documented in each inspection.
Complaints and Investigations: I request access to information on any complaints lodged against Fusion Recovery and the results of any subsequent investigations.
Compliance and Enforcement Actions: Please share records of any enforcement actions initiated against Fusion Recovery, such as notices of violation, penalties imposed, and corrective action plans developed.
Staff Credentials: I request a roster of Fusion Recovery’s primary staff members, including their titles and credentials, alongside any information concerning disciplinary actions or sanctions imposed on these individuals by OASAS.
Information on Mitchell Baumann: Kindly provide any available data on the qualifications, credentials, and professional history of Mitchell Baumann, the CEO and founding partner of Fusion Recovery. Additionally, I seek any records of disciplinary actions, sanctions, or investigations involving Mr. Baumann in his capacity as CEO of the clinic.

If any portion of my request is denied or deemed exempt under FOIL, please provide a succinct explanation of the exemption, citing the specific reasons for non-disclosure.

I understand that there may be costs associated with the processing of this FOIL request. If such costs are applicable, please inform me in advance of processing, and also advise if there is an option to reduce or waive these fees.

Your prompt attention to this request is greatly appreciated. I anticipate receiving the requested information within the time frame stipulated by the FOIL.

Thank you for your assistance in this matter.

Foil Request Sent May 14, 2023:

Dear Freedom of Information Law (FOIL) Officer,

I hope this message finds you well. I am writing to you under the New York State Freedom of Information Law (Public Officers Law, Article 6) to request information pertaining to the certification status of Fusion Recovery, located at 444 Broadway, Menands, NY.

Specifically, I would like to request:

1. Any and all documents pertaining to the application for certification submitted by Fusion Recovery for the aforementioned location.
2. The current status of their certification, including the date of certification, if applicable.
3. Any reports, evaluations, or investigations conducted by OASAS regarding Fusion Recovery at this address.
4. Any communications between OASAS and Fusion Recovery or their representatives concerning their certification and operation.

Please understand that this request is of great concern to the residents of Menands, NY, and we seek this information to better understand the potential impacts of this facility on our community.

If there are any fees for searching or copying these records, please inform me in advance of fulfilling the request. However, as a resident seeking information for public interest, I would appreciate it if you could waive the fees.

If my request is too broad or does not adequately describe the records, please inform me of this issue and I will provide more detailed information.

Thank you for considering my request. I look forward to your prompt response within the five business days as specified by FOIL.

Foil Request Sent May 16, 2023 – Village of Menands

Dear Mr Handerhand

I hope this message finds you well. I am writing under the New York State Freedom of Information Law (FOIL) to request information related to the approval process for Fusion Recovery, a proposed methadone clinic to be located at 444 Broadway, Menands, NY.

Specifically, I am seeking access to the following documents and data:

Zoning Approval: I request access to any applications, approvals, and correspondence related to zoning variances or special use permits granted to Fusion Recovery.
Community Impact Assessment: If available, I would like to review any impact assessments, environmental or otherwise, conducted in relation to Fusion Recovery’s proposed clinic. This should include information on potential effects on traffic, noise levels, and local services.
Public Hearings: Please provide details and minutes from any public hearings or community meetings held to discuss Fusion Recovery’s proposed clinic.
Correspondence: I request access to any correspondence between Fusion Recovery and the Village of Menands, including emails, letters, or notes from phone calls.
Local Concerns and Complaints: If available, I would like to review any records of concerns or complaints from local residents or businesses regarding the proposed Fusion Recovery facility.

If any portion of my request is denied or deemed exempt under FOIL, please provide an explanation of the exemption, citing the specific reasons for non-disclosure.

I understand there may be costs associated with the processing of this FOIL request. If such costs are applicable, please inform me in advance of processing, and advise if there is an option to reduce or waive these fees.

Thank you for your assistance in this matter. I look forward to receiving the requested information within the time frame stipulated by the FOIL.

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