The regular semi-monthly meeting of the Board of Trustees of the Village of Menands, held on Monday, June 1st, 2020 was called to order by Mayor Megan Grenier at 6:00 P.M. via Google Hangout Meets due to the COVID-19 pandemic.
PRESENT:
Megan Grenier, Mayor
Diane Foley, Trustee
Seth H. Harris, Trustee
Brian Marsh, Trustee
Aileen Nicoll, Trustee
Donald Handerhan, Village Clerk
Stephen Rehfuss, Village Attorney
Lyle Darmetko, Code Enforcement Officer
At 6 PM on Monday June 15th, 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; Ross Farrell, Matt Brobston, Scott Townsend, Susan & Mike Mackay, Eric Johnson, Tim O’Beyne, Ethan Gaddy, Shnidher Karve, Bill Nevins, Tim Hurley, Brent Irving, Duncan Barratt, Bruce Buckley, Mike Hagmier, Renee Leguire, Ray Pearson, Oscar Perez, Kelly Larniger, Nadine Shadlock, Dan Hershberg, Madelyn Royal.
Mayor Grenier then did a roll call of Village staff; Deputy Mayor Aileen Nicoll, present, Trustee Seth Harris, present, Trustee Brian Marsh, present, Clerk Don Handerhan, present, Lyle Darmetko, Code Enforcement Officer, 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 Mayor opened the Public Hearing #1 to introduce an amendment to Local Law # A173 Subdivision Regulations at 6:00 P.M.
Eric Johnson from Chazen Companies explained the amendment for Local Law #3 of 2020 A173 Subdivision Regulations, the need to amend, the difference between Minor and Major Subdivision and what is included in the regulations. Trustee Marsh agreed with the need. A discussion followed and hearing no additional comments or questions the Mayor closed the Public Hearing at 6:04 P.M.
At 6:04 P.M. the Mayor Opened the Public Hearing #2 regarding a Special Use Permit for 35 Broadway.
Eric Johnson introduced Duncan Barrett, President of Beacan Communities. Mr. Barrett informed the Board and public about a 68-unit complex for Vets that would be in cooperation with Soldier On. Mr. Barrett explained that Beacon Communities and Soldier On have many properties with New York and Massachusetts.
Mr. Barrett introduced Matt Bodston of the LA Group. Mr. Bodston showed a presentation of Soldier On at 35 Broadway he asked about lowering the number of parking spaces to increase green space because there is not a need for all the spaces required by Code.
Lyle Darmetko, the Village Code Enforcement Officer advised to lower the number of spaces would require Zoning Board of Appeals approval.
Tim Hurley asked if traffic would be a concern.
Village Attorney Rehfuss advised that a Traffic Study would be required. Ethan Gaddy from Chazen Companies advised the Board that DOT is looking into a possible light at Simmons Lane.
Mike Mackay inquired about others properties they owned.
Mr. Barrett advised they own properties in Watervliet, Albany and throughout New York State.
Soldier On has properties in western Massachusetts.
Mr. Mackay asked where the Vets would come from to live there.
Mr. Barrett explained that Vets would come from different homes and programs for Vets.
Bill Nevins advised the Board he supports this project.
Hearing no further comments or questions the Mayor closed the Public Hearing at 6:25 P.M.
The regular meeting reconvened at 6:25 P.M.
A motion was made by Trustee Nicoll to accept the minutes of the June 1st, 2020 Board Meeting, seconded by Trustee Harris.
ADOPTED:
Trustee Foley voting ABSTAINED
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 # 26 ENC:
GENERAL totaling $ 21,837.45
WATER totaling $ 4,731.37
SEWER totaling $ 1,950.00
TOTALS $ 28,518.82
WARRANT # 2:
GENERAL totaling $132,386.40
WATER totaling $ 13,827.92
SEWER totaling $ 1,611.44
TOTALS $147,825.76
WARRANT # 2x:
GENERAL totaling $ 470.74
PAYROLL #1: totaling $91,021.13
(05/22/20-06/04/20)
ADOPTED:
Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Marsh voting AYE
Trustee Nicoll voting AYE
Mayor Grenier voting AYE
A discussion regarding a Special Use Permit for 35 Broadway Village Attorney Rehfuss advised the Board that the Board has sixty-two (62) days to approve the Special Use Permit.
Attorney Rehfuss also advised the Board they could apply conditions on the Project.
Mayor Grenier read the following conditions:
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 is 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.
A discussed followed Ethan Gaddy advised the Board of the need for the Board to be named as Lead Agency for SEQR Review.
Trustee Marsh made a motion to name the Village of Menands as Lead Agency for SEQR Review for 35 Broadway, 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
Nadine Shadlock, Attorney for 1 Broadway advised the reason and need to make a Tax Map Change for the Storage Building at 1 Broadway. Attorney Shadlock explained the change is needed for financial reasons only. A discussion followed.
Mayor Grenier read the following resolution:
Whereas, Harmony Prima Lofts, LLC requests approval for the Tax Map Change of S.B.L. 66.05-3-13.1 for use as self-storage within the Broadway Business District (BBD); and
Whereas, the applicant prepared and completed Part I of the Short Environmental Assessment Form; and
Whereas, the applicant has requested the Village Board to conduct an uncoordinated environmental (SEQRA) review; and
Whereas, the Village Board has classified the project as an Unlisted action under SEQRA; and
Whereas, the Village Board found that the applicant addressed the comments of the Albany County Planning Board; and
Whereas, while self-storage is not permitted in the BBD by right or by special use permit, the Village Board determined that the use existed previously and was therefore grandfathered, and further found the proposal to be in conformance with the remainder of the Zoning Laws of the Village of Menands; and
Whereas, the Village Board reviewed the Short Environmental Assessment Form as well as the project application materials,
Now, Therefore Be It Resolved that based on a review of this application and the Environmental Assessment Form and supporting materials, on June 15, 2020, the Village Board hereby issues a SEQRA Negative Declaration.
Further, the Village Board hereby approves the subdivision with the following conditions:
The applicant shall file the subdivision map and new reciprocal easement with Albany County and provide copies to the Village.
Trustee Marsh made a motion to approve the Tax Map Change of 1 Broadway resolution, 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
Resident Madalyn Royal asked if we could talk about the curfew that the town is still on and some of the issues that are arising in today’s climate. A discussion followed.
Ethen Gaddy introduced Brent Irving, Planner for CDTA. Ethan and Brent showed the Board and public a presentation of changes to Broadway with a new Bus Rapid Transit or BRT. Brent advised the Board of how the system works, what construction will be done on Broadway and benefits of the BRT. A discussion followed.
Trustee Marsh made a motion to approve Local Law #3 A173 Amending Subdivision Regulations, 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 Clerk advised the Board of need to replace the grinder pumps at 21 Louis Ave. The following are the quotes from:
GL Laplant $22,556.00
Kronau No bid was received and would take over a month to do project.
Siewert Equipment Unable to do the job
Trustee Harris made a motion to approve GL Laplant to replace grinder pumps at 21 Louis Ave. at price of $22,556.00, 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
Discussion was held to renew contract with Comp Alliance for workers comp insurance at a price of $90,063.00 per year.
Trustee Marsh made a motion authorizing the Mayor to sign the contract with Comp Alliance for the period 07/01/2020 to 06/30/2021 in the amount of $90,063.00, 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 Clerk advised the Board that Chief Steurer has posted the LOSAP for more than 30 days and were no objections by the members.
Trustee Marsh made a motion to approve the 2019 LOSAP for the Menands Fire Department, 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 Clerk stated that Water & Sewer Bills will be going out July 1st, and Annual Audit will begin the second week in July.
The Clerk asked the Board to declare the following police vehicles surplus at 2015 Ford Inceptor VIN #1FAHP2MK5FG183326 so we can remove the insurance on the vehicle – the vehicle is in storage so we can use it for parts if needed.
After a discussion Trustee Harris moved the following resolution declaring the 2015 Ford Inceptor VIN #0FAHP2MK5FG183326 surplus, 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
Mayor Grenier advised the Board of Governors Executive Order allowing Restaurants to us publicly owned property for outside dining. Kris’s Tavern has asked for permission to use the Parking Lot for outside dining.
Attorney Rehfuss advised he has been in contact with Kris’s attorney and is still waiting for insurance and contract.
Trustee Marsh made a motion allowing Kris’s Tavern to use the Parking Lot for outside dining with the condition that all paperwork is received by the Village, 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
Eric Johnson gave an update on the Paving Project. The paving was delayed due to waiting for Easements from Cemeteries and CP Rail for flaggers. Work is due to start June 16, 2020. After the paving is completed the stripping will be done. After the stripping and sign have been completed, we will have the Federal Rail Safety do an inspection to complete the Quiet Zone.
Trustee Harris advised the Board he has received nine (9) applications for the Summer Internship Program.
A memo was received from Bill Garvey dated 6/6/20.
I got couple of topics to speak about as follows:
I thank our Village Public Works & Water Departments for repair and replacement of roofs for 2 water filtration buildings on east side of Broadway. GOOD JOB.
I’m glad to see so far that some private house owners have already mowed their lawns, but other private house owners still have not mowed their lawns, but of course I hope they mowed their lawns soon.
Yesterday I spoke to National Grid Power Co dealing with my concern about 2 utility poles at west end of Upland Road being covered by bush weeds & vines. I told the Power Co specifically 2 utility poles
A. 1 utility pole with yellow markers stick with number 8 posted on that utility pole.
B. 1 utility pole with letters saying NYT posted on the utility pole. This utility pole does not have no number posted on it.
So National Grid Power Co told me that they will write in work orders to remove brush, weeds & vines from both utility poles plus cut down the large tree from one of the utility poles (8). They also told me they will do their best to try to remove bush, weeds & vines plus remove the tree from one of the utility poles before late June. They told me that if weeds, bush & vines plus 1 tree are not removed from both utility poles plus removal of 1 tree by late June, they advised me to contact the power again & let them know about this situation.
Thank you for your time & consideration.
Bill Garvey
A motion was made by Trustee Harris to adjourn, 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 meeting was duly adjourned at 7:36 P.M.
__________________
Donald Handerhan
Village Clerk