The regular semi-monthly meeting of the Board of Trustees of the Village of Menands held on Monday, May 6th, 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
William T Smith, Jr., Village Treasurer
Stephen Rehfuss, Village Attorney (Virtual)
Ryan St. Gelais, Police Chief (Absent)
Kevin Schwebke, Police Lt.
David Ognan, Fire Chief
Also attending: Bill Garvey, Dave Teltsch, Matt Rogers, LaBella Associates, Bill Nevins, Mark Carnegie, Steve Boulet, Katelyn Kelly, Lisa Neuman, Cindy Price.
Virtual attendance: Kathy Mosca, Paul Harbour
The Mayor led the Pledge of Allegiance and advised that this meeting is being recorded.
PUBLIC HEARING
Mayor Marsh opened the Public Hearing at 6 PM.
The Clerk read the following notice:
A Public Hearing will be held Monday, May 6th, 2024, at 250 Broadway, Menands NY at 6 P.M. for a proposed two-lot subdivision at 1 Broadway.
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 15, 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#
Matt Rodgers explained the proposed two-lot subdivision at 1 Broadway. Discussion followed.
Public Hearing Comments:
Resident Bill Garvey asked how large the lot is. Matt Rogers advised the size Bill asked are going.
A Public Hearing will be held Monday, May 6th, 2024, at 250 Broadway, Menands NY at 6 P.M. for a proposed two-lot subdivision at 1 Broadway.
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 15, 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#
Hearing no more comments, Mayor Marsh closed the Public Hearing at 6:00 PM.
Mayor Marsh presented the following proclamation to Hannah Slavsky:
Proclamation and
Award For Exceptional Performance
OFFICE OF THE MAYOR
VILLAGE OF MENANDS
In recognition of outstanding dedication, exceptional performance, and unwavering commitment to excellence, we proudly present this proclamation to Hannah Slavsky.
Whereas, Hannah Slavsky has consistently exemplified the core values of our organization through their diligence, professionalism, and passion for their work;
Whereas, Hannah Slavsky has demonstrated remarkable leadership skills, inspired colleagues and contributing significantly to the success of our team;
Whereas, Hannah Slavsky has exhibited unparalleled initiative, often going above and beyond expectations to achieve remarkable results and drive innovation within her role;
Whereas, Hannah Slavsky has consistently displayed a positive attitude, fostering a culture of collaboration, respect, and positivity within our workplace;
Now, therefore, be it proclaimed, that Hannah Slavsky is hereby recognized as an exemplary employee whose exceptional contributions have significantly enhanced our organization and enriched the lives of those around them.
In witness whereof, we, The Village of Menands, do hereby extend our sincerest appreciation and gratitude to Hannah Slavsky for her outstanding service, dedication, and exceptional performance on this day, May 6th, 2024.
______________________________________
Mayor Brian Marsh
Resolution Number: 240206
Trustee Lane made a motion to accept the minutes for the April 15th, 2024, Board Meeting, seconded by Trustee Harris.
ADOPTED:
Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Resolution Number: 240207
Trustee Harris made a motion to approve payments for the following, seconded by Trustee Kalogridis.
WARRANT # 22X:
GENERAL totaling $ 41,744.95
WARRANT # 23:
GENERAL totaling 98,829.39
WATER totaling 11,348.26
SEWER totaling 350.00
TOTALS $100,527.65
PAYROLL # 24: totaling$111,030.73
(04/05/24-04/18/24)
PAYROLL # 25:totaling 105,101.90
(04/19/24-05/02/24)
TOTALS $216,132.63
ADOPTED:
Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
A motion was made by Trustee Harris, seconded by Trustee Lane, 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.1110.0110 Court
DescriptionContingent Account Miscellaneous
$15,000.00 $5,000.00
Adv from JCAP money
From Acct: “A.6989.0400 Economic Develop
Description”Contractual –
Amount:”$3,000.00
Short budget website changes
From Acct: “A.8140.0400 Storm Sewers
Description”Contractual – Repairs
Amount:”$7,000.00
Repaired storm sewer Hendrick
From Acct: A.1325.0201 ClerkA.3120.0201 Police
DescriptionComputer & SoftwareComputer & Software
Amount:$5,000.00 $5,000.00
Upgrades to file servers
From Acct: A.3120.0151A.3120.0208 Police
DescriptionF/T Telecommutator Equip Misc
Amount:$4,000.00 $1,500.00
Short budget – RDT
From Acct: ”
A.3120.0418 Police
Description”Uniform Allowance
Amount:”$500.00
Short budget
From Acct: “A.3120.0422 Police
Description”Admin Expense
Amount:”$2,000.00
Short budget
From Acct: A.3410.0404 FireA.3410.0419 Fire
DescriptionMiscellaneousVehicle maintenance
Amount:$2,100.00 $2,100.00
Short Budget
From Acct: A.3410.0460 FireA.3410.0414 Fire
DescriptionEMS supplies Equipment Repairs
Amount:$700.00 $100.00
Short Budget
From Acct: “A.3410.0417 Fire
Description”Gas & Oil
Amount:”$600.00
Price changes
From Acct: A.5110.0441 StreetA.5110.0439 Street
DescriptionEquipment RentalSigns
Amount:$50.00 $50.00
Short Budget
WATER FUND
From Acct: F.8340.0426 DistributionF.8340.0427 Distribution
DescriptionMaintenance of Chlorinators Maintenance Controls
Amount:$500.00 $500.00
Repairs- parts
ADOPTED:
Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Resolution Number: 240208
The Treasurer requested the board approve a change to Resolution #240191 a change to the 2024-2025 Village Preliminary Budget moving $25,000 from the contingent account to A.3120.0420 and renaming the expense code Services to Albany County as requested by the State Comptroller’s Office.
After a discussion Trustee Harbour moved the following resolution, seconded by Trustee Kalogridis. A resolution authorizing the Treasurer to change the account code on Resolution #240191.
ADOPTED:
Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Resolution Number: 240209
The Treasurer requests the Board amend the 2023-2024 Fiscal Year Water Budget to cover the costs of repairs to the High Service Reservoir, he requests that Account F.8340.0430 be increased by $355,000.
After a discussion Trustee Harris moved, seconded by Trustee Kalogridis the following, a resolution authorizing the Treasurer to amend the 2023-2024 Fiscal Year Water Fund Budget by $355,000 to account F.8340.0430.
ADOPTED:
Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Matt Rogers led a discussion regarding a Subdivision of 1 Broadway of the area to the rear of the property to be subdivided. A discussion followed. This item was tabled for May 20th, 2024, waiting for a response from Albany County Planning Board.
Trustee ______ made a motion to the Subdivision of 1 Broadway, second by Trustee __________.
ADOPTED:
Trustee Harbourvoting
Trustee Harris voting
Trustee Kalogridis voting TABLED
Trustee Lane voting
Mayor Marsh voting
Mayor Marsh and Matt Rodgers from LaBella led a discussion for approval of Local Law 2 of 2024 amending Zoning Map, Chapter 169 of the Village Code Sections 1,2, and 3. A discussion followed.
This item was tabled to the May 20th, 2024, Board Meeting. The board may have to wait to hear back from the National Historic Society.
After a discussion Trustee ________ entered the following resolution:
BE IT ENACTED by the Village Board of the Village of Menands, the Village of Menands Zoning Map, Chapter 169 of the Village Code is amended as follows:
Section 1. Zoning Map Amendment as indicated on Exhibit 1 and described below:
Tax Map Parcel: 44.14-1-1. To be rezoned from Single-Family Residential (RI) to Cemetery
(C). The parcel is currently owned by the Albany County Rural Cemetery with the current land use being a cemetery as part of the surrounding Albany County Rural Cemetery. No residential uses exist on the subject parcel. The intent of the proposed rezoning is to bring the parcel’s zoning in line with the current land use.
Tax Map Parcel 44.14-2-1. To be rezoned from Single Family Residential (R1) to Broadway Business District (BBD). The parcel is currently owned by Niagara Mohawk Power Corporation and currently used for electric transmission purposes. No residential uses exist on the subject parcel. The intent of the proposed rezoning is to bring the parcel’s zoning in line with the current land use.
Section 2. If any section of this local law shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this local law.
Section 3. This local law shall take effect ten (10) days following publication and posting in accordance with Chapter 169, Article 17, “Amendments” of the Menands Village Code and Village Law§ 7-708 and filing of the local law with the secretary of State in accordance with Article 3 of the Municipal Home Rule Law.
WHEREAS, on March 18, 2024, Mayor Marsh has introduced this local law for the Village of Menands, to be known as “Proposed Local Law of the Village of Menands, Amending the Village of Menands Zoning Map, Chapter 169 of the Village Code, by Rezoning Tax Map Parcels 44.14-1-1 and 44.14-2-1.”
WHEREAS, pursuant to General Municipal Law§ 239-m, Village Law§ 7-706, and Chapter 169, Article 17, “Amendments” of the Menands Village Code, the matter must be referred to the Albany County Planning Board and to the Town of Colonie.
Second by Trustee ________.
ADOPTED:
Trustee Harbour voting
Trustee Harris voting
Trustee Kalogridis voting
Trustee Lane voting
Mayor Marsh voting
Mayor Marsh led a discussion regarding amending the Health Insurance Buyout Amounts. Currently the Insurance Buyouts are:
● $1,500 for Single
● $2,000 for 2 Person
● $2,500 for Family
The Proposed Insurance Buyouts are:
● $1,500 for Single
● $2,500 for 2 Person
● $5,000 for Family
Discussion followed.
Resolution Number: 240210
After a discussion Trustee Harris made a motion to approve to increase the Insurance Buyouts to $1,500 for Single, $2,500 for 2 Person, and $5,000 for Family, second by Trustee Lane.
ADOPTED:
Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
The Clerk led a discussion regarding a private road at 50-56A Clifford Road will be named Davis Pines, which was requested by E-911. A discussion followed.
Resolution Number: 240211
After a discussion Trustee Harris made a motion to approve the private road Named Davis Pine at 50-56A Clifford Road, second by Trustee Kalogridis.
ADOPTED:
Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
The Clerk advised that Service Contract for Dwight is up for renewal the cost will be $4,930.00 there was a $400.00 increase from last year. Discussion followed.
Resolution Number: 240212
After a discussion Trustee Lane made a motion to approve the Service Contract with Dwight at a cost of $4,930.00 and to have the Mayor sign the contract, second by Trustee Harbour.
ADOPTED:
Trustee Harbour voting AYE
Trustee HarrisvotingAYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Fire Chief Dave Ognan requested permission to purchase Duty Pullovers for the members of the Fire Department at a cost of $2,276.64. Discussion followed.
Chief Ognan advised that the Fire Trucks will be used at Watervliet memorial Parade.
Truck 6 will be out of service for approximately 2 weeks for repairs. A discussion Followed.
Resolution Number: 240213
After a discussion Trustee Harbour made a motion to approve the purchase of Duty Pullovers at a cost of $2,276.64, second by Trustee Kalogridis.
ADOPTED:
Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Mayor Marsh and Lt. Schwebke led a discussion regarding creating a Local Law regarding Offroad Vehicles being used within the Village.
After a discussion Trustee entered in the following:
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.
Resolution Number: 240214
Trustee Lane made a motion to hold a Public Hearing on Monday May 20, 2024, at 6 PM for Local Law #3 of 2024 use of Offroad Vehicles within the Village, second by Trustee Harris.
ADOPTED:
Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Mayor’s Report
- Update ADA Survey Grant
- Colonie Rabies Clinic
- Court and e-payments
- Peak Performance wants to purchase part of Canal Road like what Kris’s Tavern purchased. A discussion followed.
- Total water purchases have come in. A discussion followed.
- The unpaid water bills will be relieved. The total relay is $99,393.80 plus $6,800 relay charges.
- Chip Funding increased by $350.00 and AIM Funding increased by $200.00.
- Sales Tax check has been received totaling $106,000.00.
- June 5th, 2024, will be the Business Breakfast
- ARPA Fund Report was submitted.
- Mayor Marsh, Trustees Lane, and Harris will be attending NYCOM in two weeks.
- League of Women’s Voters regarding Climate initiative
- A resident would like to donate trees for the park.
- The cannabis revenue will be given to Albany County to be distributed to the Villages.
- Paul Tonko’s Office advised it is looking forward to receiving Grant Monies.
Harbour: The restrooms by the Little League Field have been completed. Wednesday, May 8th, 2024, the Budget Hearing for Menands School. Multicultural event at the school.
Harris: Thanked the Mayor and Trustee Lane for setting up Earth Day Cleanup and it was a success.
Kalogridis: Asked about code violations 90 Broadway near the laundromat where there is an electrical connection going through a vent.
Lane: Asked the status of the fence at 183 Van Rensselaer Blvd.
General Comments:
TO: All Menands Village Board Members
FROM: Bill Garvey Jr
I got several important Village items; proposed Village Ordinance & Village Public Projects as follows:
- He’s happy Court received $25,00 from J-Cap Grant.
- He’s unhappy that the Village made the decision to raise Village Property Taxes by 2.5%
- His proposed Village Ordinances are as follows:
BIG FINES, SURCHARGES & 72 DAYS OF COMMUNITY WORK SERVICE
a) Parking in Fire Lanes
b) Parking less than 16 feet from fire hydrants.
c) Parking in disabled parking spots.
d) Failure to clean up after pets.
e) Overgrown lawns, weeds & vines.
f) Unsafe or cramped buildings.
g) Unsightly or eye soar structures.
h) Zoning Law Violations.
i) Throwing litter.
j) Junked or abandoned property.
k) Items blocking fire extinguishers in buildings.
l) Dumping of oil, chemicals & hazardous wastes.
m) Traffic violations.
n) Vandalizing or destruction of private or public property. - He is requesting DPW guys to remove tree from northside of Brookside Ave, which is blocking, Railway warning crossing sign. Between D&H Railway and Broadway.
- He supports installing playground equipment at Hutton Street Park.
- His proposed Village Public Projects include:
a) Post NO LITTERING signs on Broadway & several streets in lower Menands.
b) Post 2 red Firehouse House warning signs on Broadway near the firehouse.
c) Replace wooden guard rails with new, plus prime & paint Lincoln Green.
d) Improve projects for Switzer-Polk Park.
e) Prime & paint windowsills & frames at 250 Broadway regular or forest green.
f) Construct waterfront recreation facility on Hudson River in Menands between exits 6 & 7 of I787 expressway.
g) His proposal for green roof projects for all Village Public Buildings. - Pass & enforce Village Law requiring Canadian Pacific Railway to post NO blowing of whistles & time restriction posted along railway during nighttime.
- Need to replace the signpost on Upland Road.
- He would like to know why CDTA removed the bus stop shelter on the west side of Broadway.
- He has a plan for the arctic agriculture & research development center in northern Menands next to railway tracks. This project will use arctic plants to produce new kinds of food, chemicals, energy & medicines.
Thanks for your time and consideration.
Bill Garvey Jr
Resident Bill Nevins asked if a public hearing was required to sell property. A discussion followed.
Resident Steve Boulet asked if security has increased on the pike path. A discussion followed. The wrong side street parking on Menand Road is still a problem. A discussion followed.
Lisa Newman asked if the Village could make improvements in Polk Switzer Park. A discussion followed.
Resident Cindy Price asked about the status of 442 Broadway. A discussion followed.
Resident Paul Harbour asked about the Noise Ordinance. A discussion followed.
At 7:02 P.M. Trustee Harris made a motion to enter Executive Session to discuss a Personnel Contract matter, seconded by Trustee Harbour.
ADOPTED:
Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
The regular meeting was reconvened at 7:20 P.M.
Resolution Number: 240215
Trustee Harris made a motion to approve BST to complete Village Audits and to have the Mayor sign a contract for $31,500.00, 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: 240216
Trustee Harris made a motion to appoint Mary Jane Vredenburg to the position of Treasurer/Deputy Clerk at a salary of $65,000.00, seconded by Trustee Harbour.
ADOPTED:
Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
Trustee Harris made a motion to adjourn, seconded by Trustee Harbour.
ADOPTED:
Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE
The meeting duly adjourned at 7:23 P.M.
__________________________
Donald Handerhan
Village Clerk