The regular semi-monthly meeting of the Board of Trustees of the Village of Menands held on Monday, June 17, 2024, was called to order by Mayor Brian Marsh at 6:00 P.M.
PRESENT:
Brian Marsh, Mayor
Molly Harbour, Trustee
Seth H. Harris, Trustee – Absent
Nicholas Kalogridis, Trustee
Timothy Lane, Trustee
Donald Handerhan, Village Clerk
Stephen Rehfuss, Village Attorney Virtual
Ryan St. Gelais, Police Chief Absent
Kevin Schwebke, Police Lt.
Daivd Ognan, Fire Chief
Also attending: Mark Carnegie, Courtney Jaskula
Virtual attendance: Mike & Susan Mackay, Lisa Neuman, Paul Harbour, Susan Sullivan
Catherine Sheriden
The Mayor led the Pledge of Allegiance and advised that this meeting is being recorded.
Resolution Number240230:
Trustee Lane made a motion to accept the minutes for the June 3rd, 2024, Board Meeting, seconded by Trustee Harbour.
ADOPTED:
Trustee Harbour voting AYE
Trustee Nicholas voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Resolution Numbe240231:
Trustee Kalogridis made a motion to approve payment for the following, seconded by Trustee Lane.
WARRANT # 25 ENC:
GENERA totaling $ 26,668.84
WATER totaling $ 6,567.69
SEWER totaling $ .00
TOTALS $ 33,236.53
WARRANT # 1:
GENERAL totaling $181,136.36
WATER totaling $ 11,173.51
SEWER totaling $ 3,203.75
TOTALS $195.513.62
PAYROLL # 27: totaling $115,568.368
ADOPTED:
Trustee Harbour voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Resolution Number 240232:
A motion was made by Trustee Lane, seconded by Trustee Kalogridis, to accept
the following resolution:
RESOLVED, that the Treasurer be, and hereby is, authorized to make the following Budget Transfers
Account Account
From Acct: A.1990.0400 To Acct: A.1210.0120 Mayor
Description Contingent Account Exec Asst
$3,692.00 $142.00
Short budget
From Acct: ” A1210.0400 Mayor
Description ” Contractual
Amount: ” $872.00
NYCOM Mtg
From Acct: ” A.1320.0400 Auditor
Description ” Contractual
Amount: ” $850.00
Close out costs
From Acct: ” A.7110.0404 Parks
Description ” Miscellaneous
Amount: ” $1,828.00
Bathrooms
From Acct: A1110.0401 Court A1110.0103 Court
Description Supplies Clerk to Justices
Amount: $279.00 $194.00
Short budget
From Acct: ” A1110.0152 Court
Description ” O/T – P/T
Amount: ” $80.00
Short budget
From Acct: ” A1110.0404 Court
Description ” Miscellaneous
Amount: ” $5.00
Short budget
From Acct: A.3120.0419 Police A.3120.0104 Police
Description Vehicle Mtce Parttime
Amount: $6,669.00 $55.00
Short budget
From Acct: ” A.3120.0105 Police
Description ” Overtime
Amount: ” $5,351.00
Short budget
From Acct: ” A.3120.0107 Police
Description ” DWI Patrol
Amount: ” $932.00
Short budget
From Acct: ” A.3120.0418 Police
Description ” Uniform Allow
Amount: ” $331.00
Short budget
WATER FUND
From Acct: F.8320.0200 Distribution F8320.0103 Distribution
Description Equipment Laborers
Amount: $2,715.00 $1,345.00
Short Budget
From Acct: ” F.8320.0105 Transmission
Description ” Overtime
Amount: ” $1,370.00
Short budget
SEWER FUND
From Acct: G.1990.0400 Sanitary Sewer G.8120.0430 – Sanitary Sewers
Description Contingent Acct O/S Contractors
Amount: $11,418.00 $11,418.00
Repairs
Mayor Marsh led a discussion regarding approval of Local Law # 3 of 2024, use of Off-Road Vehicles within the Village that has been amended.
Chapter 118
For this chapter, the following terms shall have the meanings indicated:
OFF-ROAD VEHICLES
All-terrain vehicles (sometimes known as “ATVs”) as that term is defined in § 2281, Subdivision 1, of the New York State Vehicle and Traffic Law, off-highway motorcycles as that term is defined in § 125-a of the New York State Vehicle and Traffic Law, motocross or dirt bikes, dune buggies, go-carts and any and all other types of motorized trail bikes or vehicles that are manufactured for sale or operation primarily on off-highway trails or for off-highway competitions and are only incidentally operated on public highways. Nothing contained herein, however, shall be deemed to apply to or prohibit the use of bicycles.
The following are not considered Off-Road Vehicles for purposes of this section, but their use and operation is governed by the New York State Vehicle and Traffic Law:
1. Electric scooter. Every device weighing less than one hundred pounds that:
(a) has handlebars, a floorboard or a seat that can be stood or sat upon by the operator, and an electric motor,
(b) can be powered by the electric motor and/or human power, and
(c) has a maximum speed of no more than twenty miles per hour on a paved level surface when powered solely by the electric motor. Note: It is illegal to operate an electric scooter (as defined in §114-e of NYS VTL) more than fifteen miles per hour.
2. Bicycle with electric assist. A bicycle which is no more than thirty-six inches wide and has an electric motor of less than seven hundred fifty watts, equipped with operable pedals, meeting the equipment and manufacturing requirements for bicycles adopted by the Consumer Product Safety Commission under 16 C.F.R. Part 1512.1 et seq. and meeting the requirements of one of the following three classes:
(a) “Class one bicycle with electric assist.” A bicycle with electric assist having an electric motor that aids only when the person operating such a bicycle is pedaling, and that ceases to aid when such bicycle reaches a speed of twenty miles per hour.
(b) “Class two bicycle with electric assist.” A bicycle with electric assist having an electric motor that may be used exclusively to propel such a bicycle, and that is not capable of aiding when such bicycle reaches a speed of twenty miles per hour.
(c) “Class three bicycle with electric assist.” Solely within a city having a population of one million or more, a bicycle with electric assist having an electric motor that may be used exclusively to propel such a bicycle, and that is not capable of aiding when such bicycle reaches a speed of twenty-five miles per hour.
OPERATE
To ride in or on, other than as a passenger, or use or control the operation of, an off-road vehicle in any manner, whether said off-road vehicle is underway.
PUBLIC HIGHWAY
Any highway, road, alley, street, avenue, public place, public driveway, or any other public way.
§ 118-2 Restrictions.
A.
Public property. No person shall operate an off-road vehicle on a public highway or on any public property in the Village of Menands.
B.
Private property. No person shall operate an off-road vehicle off a public highway on private property in the Village of Menands unless such person has first obtained the express consent of the owner or occupant of such property to operate the off-road vehicle on the property. There shall be a rebuttable presumption that the operator of an off-road vehicle on private property in the Village of Menands lacks consent to operate the off-road vehicle on private property.
§ 118-3 Penalties for offenses; impoundment and redemption.
A.
Any person who operates an off-road vehicle in violation of § 118-2A or B of this chapter shall be guilty of an offense punishable by a fine not to exceed $1000 or imprisonment not to exceed 15 days, or both.
B.
In addition to the penalties set forth in Subsection A of this section, a police officer may immediately impound an off-road vehicle that has been operated in violation of § 118-2A or B of this chapter. Such impounded off-road vehicles shall be stored by the pertinent Police Department or enforcement agency pending the identification of the owner of such off-road vehicle as registered with the New York State Department of Motor Vehicles. Such title owner shall be sent notice of such impoundment at the address on file with the New York State Department of Motor Vehicles by certified mail within five days after the impoundment. Neither the Police Department impounding such off-road vehicles, nor the Village of Menands, nor any agent or employee thereof, shall be liable for any damages arising out of the provision of an erroneous name or address of such owner. The owner of the off-road vehicle operated in violation of § 118-2A or B of this chapter may redeem such off-road vehicle upon satisfactory proof of ownership and payment of a redemption fee of $2,000. Any off-road vehicle impounded under this subsection shall only be released to the owner of such off-road vehicle, or to such owner’s agent as evidenced by a written, notarized proof of agency, or duly executed power of attorney.
§ 118-4 Enforcement.
The Chief of Police is charged with the enforcement of the provisions of this chapter.
§ 118-5 Severability.
If any clause, sentence, paragraph or part of this chapter or application thereof to any person or circumstances shall be judged by any court to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof or the application thereof to other persons and circumstances but shall be confined in its operation to the clause, sentence, paragraph or part thereof and the persons or circumstances directly involved in the controversy in which the judgment shall have been rendered.
Resolution Number 240233:
After a discussion Trust Lane made a motion to approve Local Law # 3 of 2024, use of Off-Road Vehicles within the Village, second by Trustee Harbour.
ADOPTED:
Trustee Harbour voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Mayor Marsh led a discussion regarding selling Eric Luper of Peak Performance, the property behind 319 Broadway on Canal Road. Discussion followed.
Resolution Number 240234:
After a discussion Trustee Lane made a motion to approve the sale of the portion of Canal Road behind 319 Broadway with the following conditions: There will no structures allowed to be built on the property, the buyer agrees to pay for appraisal of the property, will pay $1.00 per square foot, will allow maintenance easement for utility work, and will pay all filing fees, second by Trustee Kalogridis.
ADOPTED:
Trustee Harbour voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Mayor Marsh led a discussion about the property at the center of Edgewood Circle. Discussion followed.
Mayor Marsh led a discussion regarding the need for a topography survey around 250 Broadway. Discussion followed.
Resolution Number 240235:
After a discussion Trustee Lane made a motion to approve LaBella to complete a topography survey around 250 Broadway at a cost not to exceed $6,100.00, second by Trustee Harbour.
ADOPTED:
Trustee Harbour voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
The Clerk advised the Board that a letter from the Fire Company was received asking for the approval of the following new members: Brandon Dudley, Gabriella Dudley, and Anthony Zullo. Discussion followed.
Resolution Number 240236:
After a discussion Trustee Harbour made a motion to approve Brandon Dudley, Gabriella Dudley, and Anthony Zullo to active status with the Menands Fire Department, second by Trustee Kalogridis.
ADOPTED:
Trustee Harbour voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Chief Dave Ognan asked the Board to approve the purchase of Hose and Adapters. Discussion followed.
Resolution Number 240237:
Trustee Harbour made a motion to approve the purchase of Hose and Adapters at a cost of $27,560.00 from MES under State Contract, second by Trustee Kalogridis.
ADOPTED:
Trustee Harbour voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Chief Dave Ognan asked the Board to approve the purchase of 5 sets of Turnout Gear. Discussion followed.
Resolution Number 240238:
Trustee Harbour made a motion to approve the purchase of 5 sets of Turnout Gear at a cost of $28,377.50 from MES, under State Contract second by Trustee Kalogridis.
ADOPTED:
Trustee Harbour voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Mayor Marsh led a discussion regarding repairs to Trackless. The cost to replace is over $150,000.00. Repairs can be made at a cost of $19383.82. Discussion followed.
Resolution Number 240239:
After a discussion Trustee Harbour made a motion to approve Joe Johnson Equipment to make the repairs to the Trackless at a cost of $19983.89, second by Trustee Lane.
ADOPTED:
Trustee Harbour voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
The Mayor led a discussion regarding the Subdivision of 29-31 N Lyons Ave. The Mayor read the following decision of the ZBA:
Village of Menands Zoning Board of Appeals June 13, 2024
Re: Application for Area Variance
29 & 31 North Lyons Ave, Menands Boundary Line Adjustment
The Zoning Board of Appeals reviewed an application for relief from requirements in the Village Code regarding the required property line setbacks in an R-1 zone. More specifically, the Applicant was seeking relief from the side yard setback requirements.
The Village Code requirements regarding setbacks are outlined in Chapter 169-15 (G), specifying a side yard setback of 10′.
In reviewing this application, the Board considered information provided in the application as well as additional information provided during the public hearing. The ZBA meeting was held in-person with the opportunity for interested parties to attend virtually as well.
The subject properties, 29 and 31 North Lyons are adjacent lots containing two distinct structures: lot 29 contains a residential structure that once served as the rectory of the former Bethany Church. Adjacent to this residential structure is the building that formerly housed Bethany Church with an attached school and garage. The former church/school building is located in such a manner that it straddles both 29 and 31 North Lyons. The existing property line between 29 and 31 N. Lyons bisects the school portion of this building. The Applicant was proposing to adjust the location of the property line so that the former church/school building would be fully contained on 31 North Lyons Ave and 29 North Lyons would only contain the residential structure. The proposed location will result in a side yard setback for 29 North Lyons of 5 feet, which is less than the 10-foot minimum. It was also noted that the proposed adjustment will result in lot #29 being 48 sf less than the minimum lot size of 8,000 sf in an Rl District.
During the hearing, ZBA Board members posed a number of questions about the intent of the modification, the proposed location of the revised property line, as well as specific details related to how the applicant determined. The Applicant provided the Board with her reasoning for wanting to correct the property lines to clearly establish individual lots for each structure. Additional discussion took place between the Board and the Applicant about modifications to the proposed location to ensure that full access to the garage portion of the church/school building would be provided with at least 3 feet of clearance between the side of the garage and the new property line. In consideration of relief from yard setback requirements for structures, the Board typically requests applicants provide a minimum of 5 feet setback from the adjacent property line and almost exclusively holds firm to absolute minimum distances of 3 feet. This is done to guarantee adequate fire access to all parts of the proposed structure and to ensure the applicant can adequately maintain the structure.
During the discussion, the Board noted that in order to meet the goals and intent of the application, adjusting the proposed property line to provide a clearance of 3 feet from the existing garage would strike a balance between the minimum lot size requirements for lot 29 and providing access to the existing garage that, with the property line adjustment, would be fully contained on lot 31.
It was noted during the hearing that this application was to consider setback requirements for lot 29 only and does not provide any relief to the requirements to lot 31.
After additional review of all the information provided by the Applicant, consideration of additional relevant input provided by attendees at the Hearing, and upon further discussion, the Board unanimously agreed to provide relief from the code from the required 10′ side yard setback, with a modified location to provide a 5-foot setback from the side yard:
Ruling: The Board unanimously approved the application for an Area Variance providing relief from Chapter 169·15 (G} of the Village code to allow the modification of the Boundary Line (property line} which provides for the two structures to be wholly contained on their own, respective lots. Lot 29 North Lyons to wholly contain the residential structure. Lot 31 to wholly contain the former Bethany church, school, and attached garage. The approval of the revised property line shall be as modified during the public hearing to provide for a minimum of 3•foot clearance from the attached garage which will be on Lot 31 and a side yard setback for Lot 29 of 5•feet on the North property line (between #29 and #31 North Lyons Ave}. The Board also ruled to provide relief from the minimum lot size requirements, which resulted from the property line modification.
THIS RULING DOES NOT APPLY TO FUTURE IMPROVEMENTS AND/OR MODIFICATIONS TO THE STRUCTURE OR FUTURE STRUCTURES ON LOT 31 NORTH LYONS.
As a condition of the ruling, the applicant is required to provide the Village with a revised survey showing the modifications to provide 3•foot clearance to the garage and the revised area (square footage) of Lot 29.
John F. Bassett
Chairman, Zoning Board of Appeals
Resolution Number 240240:
After a discussion Trustee Harbour made a motion to approve the subdivision of 29 – 31 N Lyons Ave with the following conditions:
- This Ruling does not apply to future improvements and/or modifications to the structure or future structures on Lot 31 North Lyons.
- The applicant is required to provide the Village a revised survey showing the modifications to provide 3•foot clearance to the garage and the revised area (square footage) of Lot 29
Second by Trustee Kalogridis.
ADOPTED:
Trustee Harbour voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Mayor’s Report:
- National Grid will be repairing Wolfert and Amsterdam. There is no time frame yet.
- National Grid will be replacing Gas Lines along Van Rensselaer Blvd.
- Teal Becker has turned over all past audit materials.
- Would like to change the current sign laws to mirror the City of Watervliet.
- The Moodies Report has been received and the Village has an AA3 rating.
- The Village has received notice that Senator Charles Schummer is putting in 5 million dollars in the next Federal Budget for the Village’s Southend Project.
- Senator Kristen Gillibrand held a press conference on Friday in the Village Hall regarding PFAS’s.
- The Village has received a Notice that the Albany County Sewer District will be the lead agency for improvements to the sewage treatment plant.
- The generator at the main pump station needs to be replaced. At the next meeting there will be quotes to be considered.
- During the July 15, 2024, Board Meeting there will be an update on the Southend Water / Sewer project.
- The Village has received a Notice of Violation from DEC regarding the leaf dump. The Village is working with the DEC for a solution.
- There is Heat Advisory this week. DPW will be working from 6 AM to 2 PM this week.
- The annual Business Breakfast was a success.
- The Concert in the Park Schedule will be the Activities and on the Website.
- The Mayor gave an update on security at Fusion Recovery. Discussion followed.
- There is still a water leak from the High Service reservoir. The Mayor and Mike Hagmann met with Clover Leaf regarding installing a French Drain at the rear of the reservoir. Discussion followed.
Resolution Number 240241:
After a discussion Trustee Lane made a motion to approve Clover Leaf to install a French drain at the High Service reservoir at a cost of $7,500.00, second by Trustee Kalogridis.
ADOPTED:
Trustee Harbour voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Trustee’s Reports:
Harbour:
- The Senior Picnic has been moved to Thursday June 27, 2024, at the Park due to the high heat.
- The Library event was a success and well attended.
- Menands School graduation will be June 25, 2024.
- Advised the board she received complaints regarding load parties at 15 Brookside Ave. Discussion followed.
Kalogridis:
- Asked about parking on VanRensselaer Blvd. There has been a truck parked there for a while. Discussion followed.
- There is a car parked in the parking lot of Mid-City on a jack.
- There are cars parking in their driveway blocking the sidewalk. Discussion followed.
Lane:
- Gave an update on the Little River Grant, Discussion followed.
Resolution Number 240242:
After a discussion Trustee Lane made a motion to approve to spend up to $1000.00 for a Title Search on a property East of Elmwood Road, second Trustee Harbour.
ADOPTED:
Trustee Harbour voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
GENERAL COMMENTS:
Resident Mark Carnegie thanked the Board for allowing the DPW to 6-2 this week.
Trustee Harbour made a motion to adjourn the meeting, seconded by Trustee Kalogridis.
ADOPTED:
Trustee Harbour voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
The meeting was duly adjourned at 7:10 P.M.
_____________________
Donald Handerhan
Village Clerk