The regular semi-monthly meeting of the Board of Trustees of the Village of Menands held on Monday, August 5, 2024, called to order by Mayor Brian Marsh at 6:00 P.M.
PRESENT:
Brian Marsh, Mayor
Molly Harbour, Trustee
Seth H. Harris, Trustee
Nicholas Kalogridis, Trustee
Timothy Lane, Trustee Absent
Donald Handerhan, Village Clerk Absent
Stephen Rehfuss, Village Attorney Virtual
Ryan St. Gelais, Police Chief
Kevin Schwebke, Police Lt.
Bill Smith, Treasurer
Also attending: Bill Garvey, Mark Carnegie, Jason Carnegie, Lisa Neuman, Elizabeth Hoffman
Virtual attendance: Kathy Mosca, Paul Harbour
The Mayor led the Pledge of Allegiance and advised that this meeting is being recorded.
Dan Hershberg led the discussion regarding 1 Broadway Subdivision. The ZBA approved the variance for the 1 Broadway project and Albany County Planning have approved the subdivision. Discussion followed.
Resolution Number: 250028
After a discussion Trustee Harbour reading the following resolution:
Whereas, the Applicant, Uri Kaufman (Harmony Prima Lofts, LLC), is seeking approval for
the major subdivision of parcel #66.5-1-13.1 for the creation of a new parcel within the
Broadway Business District (BBD), the Proposed Project; and
Whereas, the Village received the Major Subdivision Application on April 3rd, 2024, with
revised subdivision map on May 20th, 2024.
Whereas, a Village Board public hearing was held on May 6th, 2024.
Whereas, the Proposed Project and application documents are more formally described.
in the attached Notice of Decision; and
Whereas, the Major Subdivision application and related application materials were
referred to the Albany County Planning board and a response was received on May 16th,
2024 deferring to local consideration; and
Whereas, pursuant to SEQRA, the Village Board is required to make a determination
with respect to the environmental impact of the Proposed Project; and
Whereas, to aid the Village Board in determining whether the action described above
may have a significant adverse impact upon the environment, a Short Environmental
Assessment Form (“SEAF”) was prepared, and is on file at the office of the Village Clerk;
and
Whereas, the Village Board and LaBella Associates has examined and reviewed the SEAF
in order to classify the action and make a determination as to the potential significance
of the action pursuant to SEQRA; and
Whereas, the Village Board and LaBella Associates have reviewed the Major Subdivision
application and supplemental information with respect to all applicable requirements of
§ A173, Subdivision Regulations and has determined the application meets the
requirements for Subdivision approval as indicated in the Attached Notice of Decision.
Now, Therefore, Be It Resolved, by the members of the Menands Village Board, as
follows:
(1) Based on an examination of the application materials and the EAF, the Menands
Village Board makes the following findings and determinations pursuant to
SEQRA:
(a) The action constitutes an “Unlisted Action;”
(b) The Menands Village Boad declares itself “Lead Agency” with respect to
an uncoordinated review pursuant to SEQRA;
(c) The action will not have a significant adverse impact upon the
environment, and the Lead Agency hereby issues a negative declaration
pursuant to SEQRA, attached hereto and which shall be filed in the office
of the Village Clerk in a file that is readily accessible to the public.
(2) Based on an examination of the application materials, the Menands Village
Board hereby issues concurrent Preliminary and Final Subdivision Plat approval
for the Proposed Project with conditions as indicated on the attached Notice of
Decision.
(3) A copy of this Resolution, together with the attachments hereto, shall be placed
on file in the office of the Village Clerk where the same shall be available for
public inspection during business hours.
(4) This Resolution shall take effect immediately. The Village Cleark is hereby
authorized to distribute copies of this Resolution and do such further things to
perform such acts as may be necessary or convenient to implement the
provisions of this Resolution.
Second by Trustee Kalogridis.
ADOPTED:
Trustee Harbour voting Aye
Trustee Harris voting Aye
Trustee Kalogridis voting Aye.
Mayor Marsh voting Aye
Resolution Number: 250029
Trustee Kalogridis made a motion to accept the minutes for the July15, 2024, Board Meeting, seconded by Trustee Harbour.
ADOPTED:
Trustee Harbour voting Aye
Trustee Harris voting Aye
Trustee Kalogridis voting Aye.
Mayor Marsh voting Aye
Resolution Number: 250030
Trustee Harbour made a motion to approve payment for the following, seconded by Trustee Kalogridis.
WARRAMT ## 4X:
GENERAL totaling $42,238.22
WARRANT # 5:
GENERAL totaling $ 80,323.73
WATER totaling $ 7,087.58
SEWER totaling $ 567.54
TOTALS $ 87,978.85
PAYROLL # 3X: totaling $ 142.90
(Retro Pay_
PAYROLL # 4: totaling $136,240.63
(07/12/24-07/25/24)
TOTALS $136,383.53
ADOPTED:
Trustee Harbour voting Aye
Trustee Harris voting Aye
Trustee Kalogridis voting Aye
Mayor Marsh voting Aye
Mayor advised the Board that Judge Flint, Court Clerk Susan Dube and himself have held interviews for the Deputy Court Clerk position. Mayor Marsh appointed Emily Biddlecomb as Deputy Court Clerk at a salary of $50,000.00. Discussion followed.
Resolution Number: 250031
After a discussion Trustee Harbour made motion to approve Emily Biddlecomb as Deputy Court Clerk at a salary of $50,000.00, second by Trustee Kalogridis.
ADOPTED:
Trustee Harbour voting Aye
Trustee Harris voting Aye
Trustee Kalogridis voting Aye
Mayor Marsh voting Aye
Mayor Marsh led a discussion regarding the Special Use Permit for 51 Irving Place (339 Broadway).
The project is being reviewed by LaBella. It will be placed on the agenda for the August 18, 2024, Board Meeting.
Mayor Marsh led a discussion regarding the annual membership to the Stormwater Coalition of Albany County. The cost of membership is $6,450.00. Discussion followed.
Resolution Number: 250032
After a discussion Trustee Kalogridis made motion to approve the 2025 membership to Stormwater Coalition of Albany County at a cost of $ 6450.00 and to approve Mayor Marsh to sign the agreement, second by Trustee Harbour.
ADOPTED:
Trustee Harbour voting Aye
Trustee Harris voting Aye
Trustee Kalogridis voting Aye.
Mayor Marsh voting Aye
Mayor Marsh gave an update regarding repairing the sidewalks on Brookside Ave. and Menand Road from BW to CP rail and the ADA compliance project.
Mayor Marsh led a discussion regarding amending the Village handbook to allow employees, except Village Clerk to reside within the boundaries of an abutting county to Albany County. After a discussion, the Board decided to table it until August 18, 2024, Board Meeting.
Mayor Marsh led a discussion regarding parking improvement project Phase 1 for MPD area at 250 Broadway. The Mayor is getting quotes to make the improvements.
Mayor Marsh led a discussion regarding applying for a SAM Grant through Assemblyman Phil Steck’s Office for the following items:
- Roof Repairs $35,000.00
- Fire Alarm System $48,000.00
- Access Control System 46,000.00
- Masonry Work $125,000.00
- Courtroom Security Upgrades $7,500.00
- Low Energy Handicap Door $12,000.00
- Misc. Improvements 25,000.00
- Contingency Fees $14,955.00
Project Total cost $314,100.00
SAM Request 250,000.00
Village Match$64,055.00
Discussion followed.
Resolution Number: 250033
After a discussion Trustee Kalogridis made a motion to approved to have the Mayor apply for the apply for the SAM Grant through Assemblyman Phil Steck’s Office for $250,000.00 with a $64,000.00 Village match, second by Trustee Harbour.
ADOPTED:
Trustee Harbour voting Aye
Trustee Harris voting Aye
Trustee Kalogridis voting Aye.
Mayor Marsh voting Aye
Mayor Marsh advised the Board that an appraisal has been completed for the land on Canal Road behind 319 Broadway and the value of the land is $1,500.00. Eric Luper has agreed to purchase the land for the appraised amount with the condition that no structure will be built on this property. Discussion followed.
Resolution Number: 250034
Trustee Harbour made a motion to approve the sale of the land on Canal Road behind 319 Broadway to Eric Luper at a cost of $1,500.00 with the condition that no structure will be built on this property, second by Trustee Kalogridis.
ADOPTED:
Trustee Harbour voting Aye
Trustee Harris voting Aye
Trustee Kalogridis voting Aye.
Mayor Marsh voting Aye
Mayor Marsh led a discussion regarding yard waste disposal options and entering into a MOU with the City of Albany at a cost of $5,000.00 per year. Discussion followed.
MEMORANDUM OF UNDERSTANDING
BETWEEN THE VILLAGE OF MENANDS AND
THE CITY OF ALBANY DEPARTMENT OF GENERAL SERVICES
FOR THE USE OF YARD WASTE PROCESSING FACILITY
This Memorandum of Understanding (MOU) is entered into on this _1st__ day of _August___, 2024, by and between the Village of Menands, a municipal corporation with offices located at 280 Broadway Menands NY 12204 (hereinafter referred to as “Village”), and the City of Albany, Department of General Services, with offices located at One Richard J. Conners Blvd. Albany, New York 12204 (hereinafter referred to as “City”).
PURPOSE
The purpose of this MOU is to establish the terms and conditions under which the Village will utilize the City’s yard waste processing facility for a term of five (5) years.
TERMS AND CONDITIONS
1. Use of Facility
• The City agrees to provide the Village access to its yard waste processing facility located at [Facility Address] for the purpose of processing yard waste generated by the Village.
• The Village will be allowed to dispose of yard waste including, but not limited to, leaves, grass clippings, tree branches, and other organic materials deemed acceptable by the City.
2. Term
• This MOU shall commence on [Start Date] and shall continue for a period of five (5) years, terminating on [End Date], unless terminated earlier as provided herein.
3. Fees and Payment
• The Village agrees to pay the City a fee of $5,000 ANNUALLY for access to the yard waste processing facility. This rate will increase 5% each year after the initial year.
• The City will invoice the Village on an Annual basis, and the Village agrees to make payment within thirty (30) days of receipt of the invoice.
4. Responsibilities of the Village
• The Village will be responsible for transporting yard waste to the City’s processing facility.
• The Village will ensure that all yard waste delivered is free of non-organic materials and contaminants.
• The Village will comply with all rules and regulations established by the City for the use of the facility.
5. Responsibilities of the City
• The City will operate and maintain the yard waste processing facility in compliance with all applicable local, state, and federal regulations.
• The City will provide the Village with access to the facility during regular operating hours.
• The City reserves the right to reject any yard waste that does not meet its acceptance criteria.
6. Termination
• Either party may terminate this MOU for any reason with ninety (90) days written notice to the other party.
• In the event of a material breach of any term of this MOU, the non-breaching party may terminate this MOU immediately upon written notice to the breaching party.
7. Indemnification
• The Village agrees to indemnify, defend, and hold harmless the City, its officers, employees, and agents from and against all claims, demands, liabilities, damages, losses, and expenses arising out of or related to the Village’s use of the yard waste processing facility.
• The City agrees to indemnify, defend, and hold harmless the Village, its officers, employees, and agents from and against all claims, demands, liabilities, damages, losses, and expenses arising out of or related to the City’s operation and maintenance of the yard waste processing facility.
8. Amendments
• This MOU may be amended only by a written agreement signed by both parties.
9. Governing Law
• This MOU shall be governed by and construed in accordance with the laws of the State of New York.
10. Entire Agreement
• This MOU constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, and negotiations, whether written or oral, between the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding as of the day and year first above written.
Village of Menands
By: ______________________________________
Name: ____________________________________
Title: _____________________________________
City of Albany Department of General Services
By: ______________________________________
Name: ____________________________________
Title: _____________________________________
Attachments: Annual estimated calculations chart
Cc: Attorney, Village of Menands
City of Albany, Corporation Counsel
After a discussion, the Board decided to table until August 18, 2024, Board Meeting.
Mayor Marsh advised the Board that there are trees behind 250 Broadway that need to be removed. The trees are affecting the electrical service to buildings and will need to be removed for the parking improvement project for 250 Broadway. Ther cost to remove the tree is $4,500.00. Discussion followed.
Resolution Number: 250035
Trustee Kalogridis made a motion to approve $4,500.00 to remove the tree behind 250 Broadway, second by Trustee Harbour.
ADOPTED:
Trustee Harbour voting Aye
Trustee Harris voting Aye
Trustee Kalogridis voting Aye.
Mayor Marsh voting Aye
Mayor Marsh led a discussion regarding the traffic sign study that was completed December 4, 2017, by Creighton Manning that was not implemented as of yet. The Mayor would like to have Craighton Manning review and oversee installation of sign at a cost up to $2,500.00. Discussion followed.
Resolution Number: 250036
After discussion Trustee Harbour made a motion to approve Creighton Manning to review and oversee installation of signs at a cost up to $2,500.00, second by Trustee Kalogridis.
review and oversee installation of sign at a cost up to $2,500.00.
ADOPTED:
Trustee Harbour voting Aye
Trustee Harris voting Aye
Trustee Kalogridis voting Aye.
Mayor Marsh voting Aye
Mayor’s Report:
- The Village has received Sales Tax for the quarter, it is $24,000.00 higher.
- Wednesday the Village has a meeting with DEC and LaBella to discuss the tires that are on Village Property.
- Letters will be going out to the residents who have not paid Village Taxes as of yet.
- CDTC will be holding a meeting at the Watervliet Library regarding the reimaging of Broadway.
- The generator at the main pump station needs to be replaced. Kasselman Electric has given a quote of $26,225.00 to replace. There is another option that the Village purchase the generator and Kasselman install the generator. The cost to purchase the generator would be $6,32.99 and Kasselman to install would be $11,625.00. Discussion followed.
Resolution Number: 250037
After a discussion Trustee Kalogridis made a motion to purchase the generator at a cost of $6,732.99 and to have Kasselman install the generator at cost of $11,625.00, second by Trustee Harbour.
ADOPTED:
Trustee Harbour voting Aye
Trustee Harris voting Aye
Trustee Kalogridis voting Aye.
Mayor Marsh voting Aye
6. David Ognan and LaBella are working on the Lead Service Survey that needs to be completed by October 2024.
7. Next meeting Trustee Lane will have a report regarding the EV Chargers.
Trustee’s Report:
Harbour: No Report
Harris: No Report
Kalogridis: Asked if study still needs to be completed to lower the speed limit with the Village. Discussion followed.
GENERAL COMMENTS:
From: Bill Garvey
- For welfare, public safety environment and the quality-of-life reasons I support local law no. 3 of 2024, use of offroad vehicles in Menands plus I’m glad that local law has been amended.
- For welfare, social and quality-of-life reasons I do support pickle ball on 90 Broadway.
- I hear and I’m concerned about village resident issues as follows.
- sidewalk near 1 Jones Court pushing up.
- Vehicle traffic on Kingston Street and Hendrick Avenue continues to get worse not better.
- Amsterdam avenue is a street not a speedway,
- Several nights each week, I still hear train whistles from freight trains during nighttime from 10 pm to am in the Northern part of our Village.
- At Village 1 apartments road connected to Broadway I see vehicles fail to slow down or to stop when pedestrians are trying to cross Broadway in spite of the fact that pedestrians press the caution button which signals light up yellow (cross walk signal device).
- During last year, the 412 Broadway home was damaged due to a house fire and that home still has not been repaired. I like to make a proposal to convert the 412 Broadway home into a Georgian style house.
- Since I reported about 1 short green bus shelter on west side Broadway next to former Walgreens drug store is still missing, I found out that this short green bus shelter is on Schuyler inn property. I like to know why is this short bus shelter owner by CDTA on the hotel property?
- While visiting Villa road, I observed 1 fire hydrant on Westside of that village street several feet north of the Amita temple is being partly covered by weeds and brush. I reported this problem to Menands police and Clerk D. Handerhan.
- I wish to propose a village ordinance to forbid the bringing and consumption of any alcohol beverages in any of our parks and playgrounds plus serving alcohol prinks at our village annual picnic.
- Since there is continued concern about Amsterdam avenue being used as a speedway, I am requesting that 20 mph speed limit signs be posted on that street as well as on Wolfert Avenue and Harts Lane.
Resident Diane Lenoard asked if the Village could install an electronic sign. Discussion followed. Diane also asked if the transportation budget for the Seniors has been amended. Discussion followed.
Resident Elizabeth Hoffman asked if there was an update on the traffic on Kingston Street. Discussion followed.
Resident Paul Harbour advised that the dig near the railroad tracks is still has not been cleared out. Discussion followed.
Trustee Harbour made a motion to adjourn, seconded by Trustee Kalogridis.
ADOPTED:
Trustee Harbour voting
Trustee Harris voting
Trustee Kalogridis voting
Trustee Lane voting
Mayor Marsh voting
The meeting duly adjourned at 7:15 P.M.
___________________________
Presented to the Donald Handerhan, Village Clerk by Seth H. Harris, Deputy Mayor