The regular semi-monthly meeting of the Board of Trustees of the Village of Menands held on Monday, May 20th, 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
Nicholas Kalogridis, Trustee
Timothy Lane, Trustee
Donald Handerhan, Village Clerk
Stephen Rehfuss, Village Attorney
Ryan St. Gelais, Police Chief
Kevin Schwebke, Police Lt.
Daivd Ognan, Fire Chief
Also attending: Mark Carnegie, Matt Rodgers, LaBella.
Virtual attendance: Kathy Mosca, Bill Nevins, and Steve Boulet.
The Mayor led the Pledge of Allegiance. The Mayor advised that this meeting is being recorded.
Mayor Marsh opened the Public Hearing at 6 P.M.
The Clerk read the following:
A Public Hearing will be held Monday, May 20th, 2024, at 250 Broadway, Menands NY at 6PM for a proposed Local Law #3 of 2024 Off Road Vehicle Impound Law.
A Public Hearing will be held Monday, May 20th, 2024, at 250 Broadway, Menands NY at 6PM for a proposed Local Law #3 of 2024 Off Road Vehicle Impound Law. Such public hearings are open to the public and accessible to the handicapped. All are encouraged to attend and comment at or to present comments in writing to Clerk Handerhan before noon on April 20, 2024, at handerhand@menands3.nsddev.com. You may attend the Public Hearing in person in the Village Hall second floor of 250 Broadway or via the Google Meets link: meet.google.com/mre-txbp-btk or Join by phone (US) +1 401-646-0768 PIN: 541 841 494#
Mayor Marsh and Chief Ryan St Gelais explained Local Law #3 of 2024.
Local Law #3 of 2024
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.
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.
Public Comments:
Resident Mark Carnegie approves of this Local Law.
Hearing no further comment Mayor Marsh closed the Public Hearing at 6:05.
Chief St Gelais advised the Board that the Mayor and Police Department interviewed Christopher Akin to be hired to replace Officer Nick Orso. Christopher Akin passed the background checks. Chief St Gelais asked the Board to hire Christopher Akin as a Patrolman at Step 3. Discussion followed.
Resolution Number: 240217
After a discussion Trustee Harbour made a motion to approve the hire of Christopher Akin as a Patrolman at Step 3, seconded by Trustee Lane.
ADOPTED:
Trustee Harbour voting Aye
Trustee Harris voting Aye
Trustee Kalogridis voting Aye
Trustee Lane voting Aye
Mayor Marsh voting Aye
Resolution Number: 240218
Trustee Harris made a motion to accept the minutes for the May 6, 2024, Board Meeting, seconded by Trustee Harbour.
ADOPTED:
Trustee Harbour Voting Aye
Trustee Harris Voting Aye
Trustee Nicholas Voting Aye
Trustee Lane Voting Aye
Mayor Marsh Voting Aye
Resolution Number: 240219
Trustee Harris made a motion to approve payment for the following, seconded by Trustee Kalogridis.
WARRANT # 24:
GENERAL totaling $ 28,187.17
WATER totaling $ 3,305.68
SEWER totaling $ 4,193.75
TOTALS $ 35,686.60
PAYROLL # 25: totaling $105,101.90
(04/19/24-05/02/24)
PAYROLL # 26: totaling $ 97,269.54
(05/03/24-05/16/24)
TOTALS $202,371.44
ADOPTED:
Trustee Harbour Voting Aye
Trustee Harris Voting Aye
Trustee Nicholas Voting Aye
Trustee Lane Voting Aye
Mayor Marsh Voting Aye
Resolution Number: 240220
RESOLVED, that the Treasurer be, and hereby is, authorized to make the following Budget Transfers
A motion was made by Trustee Lane, seconded by Trustee Harris, 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.1990.0400To Acct:A.1110.0404 Court
DescriptionContingent Account Miscellaneous
$5,250.00 $4,825.00
JCAP Work
From Acct: “A6989.0400 Economic Dev
Description”Contractual – Web Site work
Amount:”$400.00
Short budget amt
From Acct: A1110.0154 CourtA1110.0152 Court
DescriptionClerk of the Court O/T
Amount:$1,500.00 $1,500.00
Short budget
From Acct: A.1325.0408 ClerkA.1325.0401 Clerk
DescriptionConsultant Supplies
Amount:$450.00 $450.00
Short budget
From Acct: A.1410.0157 AdministrationA1410.0100 Admin
DescriptionDeputy Clerk/Treas Asst Clerk
Amount:$2,400.00 $2,400.00
Short budget
From Acct: A.3120.0151 PoliceA3120.0104 Police
DescriptionF/T DispatchP/T Patrolmen
Amount:$24,650.00 $4,600.00
Short budget
From Acct: “A.3120.0105 Police
Description”Overtime
Amount:”$20,000.00
No Part timers
From Acct: “A.3120.0418 Police
Description”Uniforms
Amount:”$50.00
Short budget
From Acct: A.3410.0404 FireA.3410.0208 Fire
DescriptionMiscellaneousGas and Oil
Amount:$500.00 $500.00
Price Changes – Short Budget
From Acct: A.5110.0430 StreetA.5110.0105
DescriptionO/S ContractorO/T
Amount:$5,200.00 $5,200.00
Short Budget
From Acct: “A.5110.0401 Street
Description”Supplies
Amount:”$600.00
Short Budget
WATER FUND
From Acct: F.8310.0415 Administration F8310.0411 Administration
DescriptionBldg. Maintenance Telephone
Amount:$300.00 $300.00
Short Budget – Cradlepoint
From Acct: F.8320.0434 TransmissionF8320.0455 Transmission
DescriptionPurchase of WaterEducational Expense
Amount:$2,800.00 $2,800.00
2 new license employees
SEWER FUND
From Acct: G.8120.0400 Sanitary Sewer G.8120.0430 – Sanitary Sewers
DescriptionContractual ExpO/S Contractors
Amount:$2,300.00 $2,300.00
Repairs
ADOPTED:
Trustee Harbour Voting Aye
Trustee Harris Voting Aye
Trustee Nicholas Voting Aye
Trustee Lane Voting Aye
Mayor Marsh Voting Aye
Resolution Number: 240221
The Treasurer requests the Board amend the 2023-2024 Fiscal Year Budget to cover the costs of renovating the Bathrooms at the Ball Field. He requests that Account A.7110.0404 be increased by $20,000 to cover the costs. After a discussion Trustee Harris moved 2nd by Trustee Harbour the following, a resolution authorizing the Treasurer to amend the 2023-2024 fiscal Year Budget by $20,000 to account A.7110.0404 Parks Miscellaneous. Will be reimbursed via Assemblyman Phil Steck Sam Grant.
ADOPTED:
Trustee Harbour Voting Aye
Trustee Harris Voting Aye
Trustee Nicholas Voting Aye
Trustee Lane Voting Aye
Mayor Marsh Voting Aye
Matt Rodgers and Dan Hershberg led a discussion regarding a Subdivision of 1 Broadway. Discussion followed. After a discussion, the Board decided to table the vote to approve the subdivision until after the ZBA approves.
Matt Rodgers led a discussion regarding the need to hold a Public Hearing regarding 51 Irving Special Use Permit for a parking lot for School Buses. Discussion followed.
Resolution Number: 240222
After a discussion Trustee Harris made a motion to hold a Public Hearing on June 3, 2024, at 6 PM for the purpose of a Special Use Permit for 51 Irving, second by Trustee Kalogridis.
ADOPTED:
Trustee Harbour Voting Aye
Trustee Harris Voting Aye
Trustee Nicholas Voting Aye
Trustee Lane Voting Aye
Mayor Marsh Voting Aye
Matt Rodgers led a discussion was held regarding Local Law #2 of 2024 Amending the Village Zoning Law to table a vote until the Village receives the approval from New York’s State Historic Preservation Office. The Board decided to table vote until it receives the approval.
Matt Rodgers led a discussion on the benefits of passing a Resolution regarding Pro Housing Community.
Discussion followed.
Resolution Number: 240223
After a discussion Trustee Harris entered the following Resolution:
WHEREAS, the Village of Menands, believes that the lack of housing for New York residents of all ages and income levels negatively impacts the future of New York State’s economic growth and community well-being;
WHEREAS, the housing crisis has negative effects at regional and local levels, we believe that every community must do their part to contribute to housing growth and benefit from the positive impacts a healthy housing market brings to communities;
WHEREAS, we believe that supporting housing production of all kinds in our community will bring multiple benefits, including increasing housing access and choices for current and future residents, providing integrated accessible housing options that meet the needs of people with sensory and mobility disabilities, bringing economic opportunities and vitality to our communities, and allowing workers at all levels to improve their quality of life through living closer to their employment opportunities;
WHEREAS, we believe that evidence showing that infill development that reduces sprawl and supports walkable communities has significant environmental and public health benefits; and
WHEREAS, we believe that affirmatively furthering fair housing and reducing segregation is not only required by law, but is essential for keeping our community strong and vibrant;
NOW, THEREFORE, IT IS HEREBY RESOLVED that Village of Menands, in order to take positive steps to alleviate the housing crisis, adopts the Pro- Housing Communities pledge, which will have us endeavor to take the following important steps:
- Streamlining permitting for multifamily housing, affordable housing, accessible housing, accessory dwelling units, and supportive housing.
- Adopting policies that affirmatively further fair housing.
- Incorporating regional housing needs into planning decisions.
- Increasing development capacity for residential uses.
- Enacting policies that encourage a broad range of housing development, including multifamily housing, affordable housing, accessible housing, accessory dwelling units, and supportive housing.
The resolution was seconded by Trustee Lane.
ADOPTED:
Trustee Harbour Voting Aye
Trustee Harris Voting Aye
Trustee Nicholas Voting Aye
Trustee Lane Voting Aye
Mayor Marsh Voting Aye
Mayor Marsh led a discussion regarding changing Glenwood Road addresses. Discussion followed.
LaBella will assist with this project.
Mayor Marsh led a discussion regarding Court / Catalis online court payments contract. Discussion followed.
Mayor Marsh led a discussion regarding approval of Local Law # 3 of 2024 use of Off-Road Vehicles within the Village. After a discussion, the Board decided to table the vote to amend Local Law # 3 of 2024 use of Off-Road Vehicles within the Village
Chief St Gelais advised the Board that the Police Depart has received a tech grant for $209,751.00.
Chief St Gelais advised the Board that the RDT also received a grant from Phil Steck to $25,000.
Lt Schwebke and Chief St Gelais asked the Board for permission to use surplus monies from the Police Budget to purchase 2 Ford Escapes and surplus 2 of the Police vehicles. Discussion followed.
Resolution Number: 240223
After a discussion Mayor Marsh made a motion to approve the purchase of two Ford Escapes at a cost of $64,457.00 and surplus 2 vehicles will occur during the 2024-2025 budget, second by Trustee Lane.
ADOPTED:
Trustee Harbour Voting Aye
Trustee Harris Voting Aye
Trustee Nicholas Voting Aye
Trustee Lane Voting Aye
Mayor Marsh Voting Aye
The Clerk advised that the Village Office, Court and DPW will be closed on Monday May 27, 2024, for Memorial Day. There will be no special pickup.
Mayor’s Report:
- South End W&S project update
- Update on grants – Police, RDT, Albany County Parks, Climate Smart
- Changing banks update
- Bill Smith will be retiring on May 31, 2024, and will be staying on as a consultant until a new Treasurer is hired and trained.
- The ARPA report has been filed.
- The Mayor appointed Trustee Harbour as Liaison with Menands School.
- The Mayor appointed Trustee Lane to the Economic Development Committee.
- Menands Police, Watervliet Police, Green Island Police and Cohoes Police held a Gun Buyback this past weekend in Watervliet. 80 guns were turned in.
- Reminded the Board of the June 1, 2024, 100 Anniversary parade. There will be road closures during the parade.
- Senior’s Picnic on June 20, 2024, at the park.
- The GASB report is complete and filed.
Trustees Report:
Harbour: School budget vote will be tomorrow. The Cultural Arts show at the school during the vote.
Harris: Gave an update from the NYCOM conference that Mayor Marsh, Trustee Lane, and he attended this past week.
Kalogridis: Asked about the status of the Pickleball at 90 Broadway. Discussion followed. Asked about hall use notifications. Discussion followed.
Lane: Gave an update on the Little River Grant.
GENERAL COMMENTS:
TO: All Menands Village Board Members
FROM: Bill Garvey Jr.
I got some important Village items as follows:
- He’s happy work is being done on the Little League restrooms.
- He has reported to MPD & Clerk that the grass is overgrown at 444 Broadway.
- He reported to MPD & Clerk grass covering hydrant on Canal St & Market Road
- He would like to know how much it would cost him for evergreen trees and planting.
- He does not recommend planting yellow pines because the Village doesn’t have sandy soil.
- He is requesting that Irving Place be repaired under the 2024-2025 budget.
- He has been corresponding with the Transportation Minister of Canada regarding Quiet Zone agreements.
- He opposed Gov Hochul’s plan cuts of $60 million in state monies to repair local public works projects in most upstate local communities.
- He is proposing installing colonial style doors on the Police Department/Court at 250 Broadway
- Sometimes he still picks up leaves, sticks & other litter from Police Dept lobby floor to prevent accidents.
Resolution Number:
At 7:15 P.M. Trustee Harris made a motion to enter Executive Session to discuss a Personnel Matter, seconded by Trustee Kalogridis.
ADOPTED:
Trustee Harbour Voting Aye
Trustee Harris Voting Aye
Trustee Nicholas Voting Aye
Trustee Lane Voting Aye
Mayor Marsh Voting Aye
The regular meeting convened at 7:25 P.M.
Trustee Harris made a motion to adjourn the meeting, seconded by Trustee Harbour.
ADOPTED:
Trustee Harbour Voting Aye
Trustee Harris Voting Aye
Trustee Nicholas Voting Aye
Trustee Lane Voting Aye
Mayor Marsh Voting Aye
The meeting was duly adjourned at 7:25 P.M.
_____________________
Donald Handerhan
Village Clerk