MONTICELLO – Following a public hearing, the Village Board of Monticello adopted their first Local Law of 2026 during last Wednesday night’s Village Board meeting that adds Chapter 124 to the Village Code and establishes new requirements for window guards and fall protection in rental and multi-family dwellings.

The law, entitled “Window Guards and Fall Protection,” is aimed to protect the health and safety of occupants, especially with young children, by reducing the risk of accidental falls from windows. It applies to all rental dwelling units, multiple dwellings, and other residential premises occupied by tenants within the village.

With this new law, property owners are required to maintain and install approved window guards in rental units where a child of 10 years or younger resides. Additionally, tenants can request window guards in their unit even if a child doesn’t live there, with landlords required to fulfill said requests in a reasonable time not exceeding 30 days.

Deputy Supervisor John Barbarite told the Democrat that the measure was taken as a result of safety concerns observed by Village Mayor Rochelle Massey and national data.

“We think it’s very important,” stated Barbarite, noting Massey’s observing children leaning or hanging out of windows along Broadway and Park Street. “When we looked into the statistics, it showed that children, particularly those around nine and ten years old, are involved in thousands of falls nationwide every year, with an average of about a dozen deaths annually.”

He compared the requirement to existing safety standards that are already accepted in rental housing. Barbarite made the comparison of it being “no different than putting smoke detectors in apartments,” and that, “It’s about safety.”

Barbarite also stressed that window screens weren’t sufficient for protection. He pointed to data which indicated that screens fail to prevent injury when it comes to the majority of window falling accidents.

“Even when screens are present, about 80 percent of children who fall from windows still suffer injuries,” Barbarite explained. “Screens are not designed as safety devices.”

The law outlines clear standards for installation, requiring window guards to comply with New York State Residential Code requirements and, where applicable, ASTM safety standards. Window guards may not be installed on windows that serve as required fire exits, ensuring emergency egress is not obstructed.

Enforcement of the new chapter will be handled by the Village Building Department, with violations subject to penalties under the Village Code. The Village Clerk is also authorized to complete all required notifications and filings related to the adoption of the law.

“We thought this was a prudent thing to do,” Barbarite said. “It’s about protection.”

With no attendees during public comment being for or against the Local Law, adoption was made with a motion by Trustee Theodore Hutchins and seconded by Trustee Gordon Jenkins.

Property owner 

talks parking

A proposed change to municipal parking linked to a long-term agreement with the United States Postal Service drew concern from a local property owner, Adir Khan.

Khan, owner of a mixed-use property at 504 Broadway, addressed the board to raise objections to the planned fencing and reassignment of municipal parking spaces behind several downtown businesses. Khan said he became aware of the change after notices were placed on vehicles parked in the area, advising that they would need to be removed by January 20.

“I’m not intending on causing any issues,” Khan told the board. “I understand it’s an income source for the village, but this is going to impact multiple businesses and properties.”

Khan cited nearby businesses and institutions that rely on the rear municipal lot, including Liberty Pizza, a jewelry store, DeFilippis Bakery, Nelly’s, the bowling alley, and a church. He said parking is already limited, particularly during the summer and on Sundays when church services are held. Khan added that his building includes office tenants and residential apartments, with frequent client visits and multiple vehicles.

According to Khan, only four on-street parking spaces exist along that section of Broadway, making the rear municipal lot essential. He expressed concern about a proposed fence around the postal service parking area, saying it could force tenants, clients, and elderly residents to walk longer distances around barriers, potentially creating safety issues during winter months.

“My concern is the fence,” Khan said. “People are going to have to walk entirely around it.”

Khan suggested relocating USPS parking to another nearby municipal area that he said is underutilized, arguing it would lessen the impact on surrounding businesses. He inquired why nearby property owners were not directly notified of the plan through mailed or certified notices.

Village Attorney Michael Sussman remarked that the USPS parking arrangement was discussed extensively during public meetings over several months and ultimately formalized through a signed contract.

“There were extensive discussions over about a four-month period in public session,” Sussman replied, pointing out that the contract is long-term. “It is a signed agreement.”

Sussman also emphasized that the discussions were held openly and that the village is not legally required to issue individual notices when altering the use of municipal parking. Officials also noted that Khan’s property has its own rear parking and that additional municipal parking remains available nearby.

“When there’s a public hearing, it’s part of a property owner’s responsibility to keep up with what’s going on,” Sussman added, noting that none of the affected entities raised concerns during earlier discussions.

Deputy Mayor John Barbarite also suggested that tenants could use municipal parking while customer-facing spaces closer to buildings could be prioritized for visitors. 

“To your points, [they’re] noted,” Sussman assured.