At 6 PM on Monday July 20th , 2020 Mayor Meg Grenier read the following statement: this is the Village of Menands Board of Trustees, semi-monthly meeting. I am Mayor Meg Grenier and as it is 6 o’clock, I will call this meeting to order. For anyone outside the village staff who is attending this video conference, I would ask if you would please identify yourselves; Tim O’Brien, Scott Townsend, Steve Boulet, Duncan Barrett, Matt Brodston, Bruce Berkley, Susan & Mike Mackay, Renee Leguine, Eric Johnson, Ethan Gaddy, Bill Nevins, Frank Lacosse, Megan Pontin, Natalie Saviola, Rebekah Ten Hagen, West Porter. The Mayor asked them to mute their microphones.
Mayor Grenier then did a roll call of Village staff; Deputy Mayor Aileen Nicoll, present, Trustee Diane Foley, Trustee Seth Harris, present, Trustee Brian Marsh, present, Clerk Don Handerhan, present, Village Treasurer William Smith, present, Village Attorney Steve Rehfuss, present. On behalf of the Village Board I would ask all residents that we please keep our First Responders, all essential workers and those affected by this pandemic in our thoughts and prayers.
Pursuant to Governor Cuomo’s executive order number 202.1 issued on March 13th, 2020: Suspending article 7 of the public officers law, to the extent necessary to permit any Public body to meet, and take such actions authorized by law that allowed the public to not be physically present at the meeting, but allow the public to listen to or view such meetings via teleconference call or video conference, while recording and later transcribing of the meeting. Village of Menands Board of Trustees semi-monthly meeting is being held via Google Meets video conference to protect Public Safety and Welfare during this COVID-19 pandemic. In an effort to conduct this meeting effectively we asked those in attendance to please mute your microphone during the meeting. As we are conducting only essential business during tonight’s meeting, there will be no public comment. Any comments previously submitted to Clerk Handerhan prior to the meeting and deemed essential will be read into the record. The Governor has extended executive order number 202.1 until August 6th, 2020.
A motion was made by Trustee Nicoll to accept the minutes of the July 6th, 2020 Annual Board Meeting, seconded by Trustee Harris.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Marsh voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
A motion was made by Trustee Marsh to approve payment for the following, seconded by Trustee Harris.
WARRANT # 4:
GENERAL totaling $291,142.29
WATER totaling $290,802.61
SEWER totaling $ 13,960.93
TOTALS $595,905.83
PAYROLL # 4: totaling $ 88,219.92
(07/03/20-07/16/20)
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Marsh voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
The Treasurer requested a resolution to correct a typing error on the budget transfers list for the July 6th meeting; the transfer for $857.00 should have come from Account A.1990.0400 not A.1910.0400.
Trustee Marsh moved to correct the budget transfer from the July 6th Board Meeting requested by the Treasurer, seconded by Trustee Nicoll.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Marsh voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
The Treasurer requested a resolution to transfer $22,000 from the Sewer Fund Unappropriated Fund to G.8120.0400 Sewer Fund Contractual Expense for the repairs at 21 Louis Avenue approved by the Board at the 6/15/20 Board Meeting.
After a discussion Trustee Nicoll moved a resolution authorizing the Treasurer to transfer the funds, seconded by Trustee Harris.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Marsh voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
The Treasurer requested a transfer of $220,450.00 from the Equipment Savings Account to A.5110.0208 Street Equipment/Misc. to pay for the new Garbage Truck which was part of the $825,000.00 Bond Proceeds that the Village received in November 2019.
After a discussion Trustee Marsh moved the following resolution authorizing the Treasurer to Transfer $220,450.00 from the Equipment Savings Account to A.5110.0208 Street Equipment/Misc. the resolution was seconded by Trustee Nicoll.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Marsh voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
There was a discussion regarding errors with faulty water meters/recorders and the resulting meter readings and the ensuing water/sewer bills for the period November 1, 2019 to April 30, 2020. Trustee Marsh offered the following resolution, seconded by Trustee Nicoll
WHEREAS, Water and Sewer Acct. #510000043 for 64 Amsterdam Avenue in the amount of $1,698.04 was based a faulty meter. Now, therefore, be it
RESOLVED, that a total of $205.45 be deducted from the original water roll total for the period November 1, 2019 to April 30, 2020, and be it further
RESOLVED, that a total of $92.41 be deducted from the original sewer roll total for the period November 1, 2019 to April 30, 2020,
WHEREAS, Water and Sewer Acct. #510000247 for 14 Clifford Road in the amount of $1,632.50 was based a faulty meter. Now, therefore, be it
RESOLVED, that a total of $616.35 be deducted from the original water roll total for the period November 1, 2019 to April 30, 2020, and be it further
RESOLVED, that a total of $277.33 be deducted from the original sewer roll total for the period November 1, 2019 to April 30, 2020,
WHEREAS, Water and Sewer Acct. #510000143 for 315 Broadway in the amount of $1,466.79 was based a faulty meter. Now, therefore, be it
RESOLVED, that a total of $806.13 be deducted from the original water roll total for the period November 1, 2019 to April 30, 2020, and be it further
RESOLVED, that a total of $362.75 be deducted from the original sewer roll total for the period November 1, 2019 to April 30, 2020,
WHEREAS, Water and Sewer Acct. #510000293 for 2 Dennin Drive in the amount of $1,030.74 was based a faulty meter. Now, therefore, be it
RESOLVED, that a total of $205.45 be deducted from the original water roll total for the period November 1, 2019 to April 30, 2020, and be it further
RESOLVED, that a total of $92.43 be deducted from the original sewer roll total for the period November 1, 2019 to April 30, 2020,
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Marsh voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
Ethan Gaddy and Eric Johnson from Chazen Companies lead discussing the SEQR and Special Use Permit for 35 Broadway.
SEQR and Special Use Permit for 35 Broadway a discussion followed.
- SEQR
- The Village Board, at the request of the applicant, is conducting a ‘coordinated review’ of the project. This means that the Village circulated part one of the Full Environmental Assessment Form (FEAF), draft preliminary site plans, and the Special Use Permit narrative to the Town of Colonie, the NYSDOT and Homes and Community Renewal (HCR).
- All involved agencies submitted written notice that they consented to the Village Board serving as lead agency for the purposes of SEQR.
- HCR submitted a comment letter regarding the applicant’s proposed project. The issues raised in the letter from HCR are not pertinent to the local approval process. The HCR comments outlined conditions that the applicant would need to meet in order to be eligible for financing from HCR. That letter is found in the google drive folder: https://drive.google.com/drive/folders/1HdqDMDRXpQoYNRBF1ZGeeYwupXvOQSuj?usp=sharing
- The Town of Colonie and the NYSDOT have not submitted any comments regarding the project.
- The applicant has provided the following items in support of their SEQR materials
i. A letter from the New York State Historic Preservation Office (dated 4/1/2020) indicating that the proposed project would not have any impact on the adjacent historic resource, the Albany Felt Company Complex (also known as Albany Lofts at One Broadway) or any other historic, archeological or cultural resources.
ii. A traffic evaluation memo from Creighton Manning (dated 6/30/2020) indicating that the low volume of traffic generated at the site does not warrant detailed evaluation of off-site intersections based on NYSDOT and ITE guidelines, that there are adequate site lines, and that the applicant would eventually need a NYSDOT work permit for proposed driveway changes.
iii. A copy of the report titled “NEPA, Phase 1 Environmental Site Assessment and Zoning/Land Use” from April 2020. This report provides a comprehensive evaluation of the environmental conditions on and around the site.
iv. A parking analysis letter (dated 6/29/2020) from SK Design Group indicating that based on review of similar projects that a conservative parking ratio of 0.7 spaces per unit will meet, and likely exceed, the project’s needs. - The documents referenced above provide a wealth of information about the site and serve as useful references for the purposes of SEQR. The Village Board of Trustees should review those materials. They are located in the Google Drive folder for the project: https://drive.google.com/drive/folders/1HdqDMDRXpQoYNRBF1ZGeeYwupXvOQSuj?usp=sharing
- The next step in the SEQRA process is an evaluation of the project’s impacts. The Applicant has provided suggested responses to Part 2 of the EAF per our request.
“The purpose of Part 2 is to use the information from Part 1 to identify potential adverse impacts that need further consideration by the reviewing agency. The questions included in Part 2 are designed to help the reviewing agency identify what, if any, impacts may occur as a result of the project. Part 2 is further used to decide whether those impacts will have no impact or a small impact, or a moderate to large impact. “ - The Village Board should review Part I of the Environmental Assessment Form (EAF) and then consider the questions asked in Part 2. Part 2 provides illustrative impacts for consideration and asks whether a potential impact is “No or Small” or Moderate to Large”. The Board should consider each of the questions and illustrative responses and decide which box to check. If an answer is checked Moderate to Large, then a response in Part 3 of the EAF is required.
- Based on Chazen’s preliminary review, we believe that the proposed project will have “No or Small” potential impact in all the category areas and it is not anticipated that the applicant will be required to prepare a FEAF part 3. However, this is not a substitute for Board review of the potential impacts of the project. There may be Village specific issues that the Board has intimate knowledge of that would suggest a different response to questions in part 2.
- Board members should review the FEAF parts 1 and 2 and the associated list of supporting documents (listed under item F above). If there are any questions about the material, please reach out to Ethan Gaddy (egaddy@chazencompanies.com) in advance of Monday’s meeting.
- Please note that the applicant will still be seeking site plan approval for the project. During site plan review, Chazen will work with the applicant and department heads to ensure that the physical elements of the project are in order. The project will be required to receive additional review before final approval.
- Special Use Permit
- At Monday’s meeting the Village Board will also be considering the approval of the applicant’s Special Use Permit application. The public hearing for said permit was held at the June Board meeting.
- The Village Board was unable to approve the SUP in advance of completing a full SEQR evaluation. At Monday’s meeting it is anticipated that the Board will complete SEQR review and therefore be able to approve or deny the applicant’s SUP.
- At the June meeting, the Village Board expressed desire to impose conditions like those imposed on a recent project at 5 Elmwood Drive.
- The conditions imposed on 5 Elmwood Drive were:
- The applicant shall provide documentation to the satisfaction of the Village Board which identifies that the project has proper financing in place prior to the Village Board issuing final site plan approval.
- Should the Village Board grant final site plan approval and a building permit be issued, the duration from building permit issuance to completion of construction and certificate of occupancy issuance shall be no longer than 18-months.
- The Village Board reserves the right to request a traffic impact study from the application during the site plan review process.
- During the site plan review process, the applicant shall submit certain design details, including but not limited to, building form and facades, for the Village’s review and approval. The Village reserves the right to require specific design of the building form and facades.
- That the Special Use Permit is issued to the applicant only and is transferable only upon application and approval of the Village Board of Trustees.
- The applicant for 35 Broadway was provided an opportunity to review the conditions imposed on 5 Elmwood Drive and offered the following:
- Beacon doesn’t object to establishing a reasonable time period to start and complete construction from the date of the issuance of final site plan approval; however, obtaining firm financing commitments will require that we have final site plan approval and building permit in place.
- Understood. Can the Conditions letter provide an opportunity to request extensions?
- Traffic is being addressed during SEQRA Review (prior to a SUP decision).
- Agreed.
- Applicant or a related party formed by applicant to own and manage the property.
- Based on the nature of the proposed project at 35 Broadway and the applicant’s responses, the following modified conditions are proposed (with updated numbering):\
- Should the Village Board grant final site plan approval and a building permit be issued, the duration from building permit issuance to completion of construction and certificate of occupancy issuance shall be no longer than 18-months. Prior to the expiration of such 18-month period, the permittee may apply for an extension of such a period and the Board of Trustees may, in its discretion, grant an extension of such permit.
- During the site plan review process, the applicant shall submit certain design details, including but not limited to, building form and facades, for the Village’s review and approval. The Village reserves the right to require specific design of the building form and facades.
- The Village Board reserves the right to request a traffic impact study from the applicant if deemed warranted during the site plan review process.
- That the Special Use Permit is issued to the applicant, or a related party formed by applicant to own and manage the property and is transferable only upon application and approval of the Village Board of Trustees.
- The Board should also note that item B of §169-49 “Revocation or expiration of special permits” outlines the SUP expiration process:
A special use permit shall become void one year after approval unless construction has begun, or the use is commenced on the premises, within such one-year period. Prior to the expiration of such one-year period, the permittee may apply for an extension of such period and the Board of Trustees may, in its discretion, grant an extension of such permit. - The applicant has provided a complete application which the Village Board considered at their June meeting. Chazen has reviewed the application and associated conditions and recommends that the Village Board approve the SUP with conditions once SEQR is completed.
After a discussion Trustee Marsh moved the following resolution to approve the SEQR for 35 Broadway, the resolution was seconded by Trustee Nicoll.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Marsh voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
SEQR RESOLUTION – NEGATIVE DECLARATION
SPECIAL USE PERMIT- CONDITIONAL APPROVAL
Village of Menands: Review of multi-family housing project at 35 Broadway
At a meeting of the Village Board of the Village of Menands held on the 20th Day of July 2020 held remotely, Trustee Harris moved adoption of the following resolution; Trustee Nicoll seconded the motion:
WHEREAS,
- In accordance with the New York State Environmental Quality Review regulations (SEQR), the Village Board of the Village of Menands announced its intent to serve as Lead Agency on May 18, 2020, to conduct an environmental review of a project to construct a multi-family housing development. The proposed action will provide affordable housing to US Veterans in need of housing.
- The Village Board has determined that the proposed action is a Type I action as defined under SEQR, as portions of the project area are contiguous to a site listed on the State and National Register of Historical Places.
- The Village Board, in its capacity of Lead Agency, has caused to be prepared an environmental assessment of the significance of and potential environmental impact of the action described above.
- On May 18, 2020, the Village Board notified the Involved and Interested Agencies of its intention to act as Lead Agency for this project and circulated the full Environmental Assessment Form. Comments received from these agencies are addressed in the Negative Declaration.
- The Village will continue to work with Federal, State and local agencies until all necessary permits and approvals have been obtained.
- The Village Board has considered the Environmental Record prepared for this action, including any comments received from the Involved Agencies, and the proposed Negative Declaration.
- The Village Board has also received a complete Special Use Permit application from the applicant, which was the subject of a public hearing on June 15th, 2020.
- The Village Board has proposed the following conditions as part of the Special Use Permit approval;
- Should the Village Board grant final site plan approval and a building permit be issued, the duration from building permit issuance to completion of construction and certificate of occupancy issuance shall be no longer than 18-months. Prior to the expiration of such 18-month period, the permittee may apply for an extension of such a period and the Board of Trustees may, in its discretion, grant an extension of such permit.
- During the site plan review process, the applicant shall submit certain design details, including but not limited to, building form and facades, for the Village’s review and approval. The Village reserves the right to require specific design of the building form and facades.
- The Village Board reserves the right to request a traffic impact study from the applicant if deemed warranted during the site plan review process.
- That the Special Use Permit is issued to the applicant, or a related party formed by applicant to own and manage the property and is transferable only upon application and approval of the Village Board of Trustees.
- That the applicant will provide written proof of the commitment of appropriate financing for completion of the project prior to issuance of a Building Permit by the Village
NOW THEREFORE BE IT RESOLVED,
The Village Board declares that, based on the Environmental Record which has been prepared, the project will result in no major impacts and, therefore, will not cause significant damage to the environment. A Negative Declaration under SEQR is therefore issued for this project.
The Village Board, having issued a Negative Declaration under SEQR, approves, with conditions listed above, the applicants request for a Special Use Permit
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Marsh voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
Mayor Grenier read a Proclamation/Resolution honoring CDTA’s 50th Anniversary
WHEREAS, The Capital District Transportation Authority (CDTA) has been named the Best Mid-Size Public Transportation System in North America for 2017 by the American Public Transportation Association (APTA).
WHEREAS, CDTA’s ridership has been at record or near record levels, reaching a record high of 17.1 million riders in one fiscal year and a 25 percent increase in ridership over the past six years.
WHEREAS, CDTA has recently focused on improving taxi services, bike share services, deals with major employers, new transit centers and creating universal access programs, which represented 25 percent of all CDTA boarding’s in the system.
WHEREAS, CDTA is looking towards continued improvements, such as offering a safe environment for the community and connecting towns and cities that have been previously challenging to connect with a cohesive transportation network in order to ensure community members can expand their horizons.
NOW, THERFORE, I MEGAN GRENIER, MAYOR OF THE VILLAGE OF MENANDS, DO HERBY COMMEND CDTA FOR ITS ACCOMPLISHMENTS AND CELEBRATING ITS 50TH ANNIVERSARY ON AUGUST 1, 2020.
I encourage all citizens to utilize CDTA’s award winning services.
________________________________
Signed and executed in my own hand
On this Day of the Common Era,
In the meeting of Village Board of Trustees on July 20, 2020, for the Village of Menands.
Megan Grenier, Mayor
Trustee Marsh made a motion to approve the Proclamation for 50th Anniversary of the CDTA and approve Mayor to sign Proclamation, seconded by Trustee Nicoll.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Marsh voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
The Menands Fire Company # 1 elected the following members as Line Officers for the 2020-2021 year, beginning immediately. Chief of Department: Michael Steurer; 1st Asst. Chief: David Ognan; 2nd Asst Chief: Harvey Bender; Captain: Colin Schanz; Lieutenants: Sheri Archambault & Nicholas Decerce.
Trustee Marsh made a motion to approve The Menands Fire Company # 1 elected the following members as Line Officers for the 2020-2021 year, beginning immediately. Chief of Department: Michael Steurer; 1st Asst. Chief: David Ognan; 2nd Asst Chief: Harvey Bender; Captain: Colin Schanz; Lieutenants: Sheri Archambault & Nicholas Decerce, seconded by Trustee Nicoll.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Marsh voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
Trustee Marsh lead a discussion regarding the Solar Savings program that Next Amp Energy offers in New York State. The Village would enroll all eligible the National Grid electric accounts into the Solar Savings program and a 10% saving would be taken off bills for purchasing solar electric from Next Amp Energy. Discussion followed. Trustee Marsh will forward the application and other material to the Mayor and Village Attorney Steve Rehfuss for review.
Treasurer Bill Smith gave report of the financial status of the Village of Menands.
2019-2020 Budget Results:
General Fund –
Expenditures Original Budget $4,972,649
Budget Amendments $ 487,700
Adjusted Budget $5,460.349
Actual Expended $4,805,914
Balance Available $ 654,435
Of the $600,000 fund balance we applied to the budget we spent approximately $433,000. Leaving us with Approximately $167,000 to return to the unappropriated.
Revenues: Original Budget $4,372,649
Amendments 0
Revenue receipts $5,304,954
Difference $ 932,305
Less: ( 859,100)
Bond Receipts $825,000
Time Warner Ref 25,800
Workers Comp reimb. 8,300
$859,100
Balance added to unappropriated $73,205
Approximate Total increase to Unappropriated $240,000.
Mayor Grenier advised the Board that the Village Picnic has been cancelled. Something maybe done virtually.
At 6:51 P.M. Trustee Harris made a motion to enter into Executive Session to discuss a personnel matter, seconded by Trustee Marsh.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Marsh voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
The regular meeting reconvened at 7:21 P.M.
A motion was made by Trustee Harris to adjourn the meeting, seconded by Trustee Foley.
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Marsh voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
The meeting was duly adjourned at 7:21 P.M.
__________________
Donald Handerhan
Village Clerk