Board Meeting Minutes – April 15, 2024

  April 15, 2024

The regular semi-monthly meeting of the Board of Trustees of the Village of Menands held on Monday, April 15th, 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

ABSENT:

Ryan St. Gelais, Police Chief
Kevin Schwebke, Police Lieutenant
David Ognan, Fire Chief

Also attending: Bill Garvey, Michael & Susan Mackay, Matt Rogers, Labella Associates, Mark Carnegie.

Virtual attendance: Stephen Rehfuss, Village Attorney, Kathy Mosca, Courtney Jaskula, Paul Harbour, Bill Nevins, Lauren Selcheck, and Beth Harbour.

The Mayor led the Pledge of Allegiance and advised the meeting is being recorded.

Mayor Marsh advised there will be two Public Hearing tonight. First Local Law #2 of 2024 Amending the Zoning Law and Raising the Sewer Rate Percentage.

The Clerk read the following:

A Public Hearing will be held on Monday, April 15, 2024, at 6:00 P.M. prior to the Regular Board Meeting to discuss Amending Chapter 169 Zoning Law Section 1, 2, and 3 and raising the Sewer Rates by 5%.
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 email hidden; JavaScript is required. 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 opened the Public Hearing amending the Zoning Law at 6:00 P.M.
Matt Rodgers from LaBella give a description of the changes to the Zoning Law:
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.

Comments:

Trustee Lane inquired what part of the property would change with the zoning change.

Matt Rogers explained the small area where the Crematorium is to build and the property that National Grid owns.

A Discussion followed.

Mayor Marsh closed the Public Hearing at 6:05 PM.

Mayor Marsh opened the seconded Public Hearing at 6:05 PM.

Mayor Marsh gave a description of the need to raise the current sewer rate, from 45% of the water bill to 50%.

Comments:

Mike Mackay asked when the new sewer rates would go into effect.

Mayor Marsh advised that the rates go into effect May 1st, 2024.

Bill Garvey is in support of the increase.

Mayor Marsh closed the Public Hearing at 6:08 PM.

Resolution Number: 240198

Trustee Harris made a motion to accept the minutes of the April 1st, 2024, Board Meeting, 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

Resolution Number: 240199

Trustee Harris made a motion to approve payment for the following, seconded by Trustee Lane.

WARRANT #22:

GENERAL totaling $ 91,612.26
WATER totaling $307,711.66
SEWER totaling $ .00
TOTALS $399,323.92

Payroll #23: totaling $100,413.18
(03/22/24-04/04/24)

ADOPTED:

Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE

Resolution Number: 240200

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.1990.0400 To Acct: A.1110.0110 Court
Description Contingent Account Court Officer
$12,000.00 $4,500.00
More & Longer court hours

From Acct: ” A.1320.0400 Auditor
Description ” Contractual – final payment -’23 audit
Amount: ” $4,500.00
Short budget amt

” A.6989.0400 Economic Dev
” Contractual
” $3,000.00 HOLD
Short budget amt

From Acct: A.1325.0201 Clerk A.1325.0413 Clerk
Description Computer & Software Contracted Services
Amount: $65,000.00 $45,000.00
New Acctg System

From Acct: ” A.3120.0201 Police
Description ” Computer & Software
Amount: ” $20,000.00
Changes for dispatch & Misc

From Acct: A.1325.0404 Clerk A1325.0401 Clerk
Description Miscellaneous Supplies
Amount: $1,000.00 $750.00
Short budget

From Acct: ” A1325.0401 Clerk
Description ” Printing & Books
Amount: ” $250.00
Short budget

From Acct: A.3120.0421 Police A.3120.0105 Police
Description Training Overtime
Amount: $13,000.00 $13,000.00
No Part timers

From Acct: A.3120.0152 Police A.3120.0104 Police
Description Telecommunicator P/T Part time Patrolman
Amount: $4,200.00 $4,200.00
Short budget

From Acct: A.3120.0202 Police A.3120.0418 Police
Description Police Car Uniform Allowance
Amount: $2,000.00 $2,000.00
Equipment for RDT

From Acct: A.3410.0404 Fire A.3410.0208 Fire
Description Miscellaneous Equipment Misc
Amount: $13,000.00 $13,000.00
Short Budget due to Grant

From Acct: A.3410.0421 Fire A.3410.0414 Fire
Description Training Equipment Repairs
Amount: $1,400.00 $700.00
Short Budget

From Acct: ” A.3410.0417 Fire
Description ” Gas & Oil
Amount: ” $700.00
Price changes

From Acct: A.3410.0461 Fire A.3410.0446 Fire
Description Recruitment & Retention Medical/Physicals
Amount: $1,000.00 $1,000.00
More personnel

From Acct: A.5110.0405 Street A.5110.0401 Street
Description Insurance Supplies
Amount: $1,250.00 $1,000.00
Increased Costs

From Acct: ” A.5110.0439 Street
Description ” Signs
Amount: ” $250.00
Budget Short

From Acct: A.7310.0449 Youth A.7310.0100 Youth
Description Instructors Personal Services
Amount: $25.00 $25.00
Easter party

WATER FUND

From Acct: F.8320.0434 Administration F.8340.0426 Distribution
Description Purchase of Water Maintenance Chlorinators
Amount: $2,500.00 $2,500.00
Repairs- parts

SEWER FUND

From Acct: G.1990.0400 Sewer G.8120.0430 – Sanitary Sewers
Description Contingent Account O/S Contractors
Amount: $7,500.00 $7,500.00
N. Pearl St. Repairs

Resolution Number: 240201

The Treasurer requested approval to transfer $8700. from the Equipment Saving Account to the General Cash Account A.0000.0200; and to Amend the 2023-2024 Budget for Account Street A.5110.0208 Equipment/Miscellaneous for $8700, as we purchased 2 new Dumpsters and a new Lawn Mower that have been delivered ahead of schedule and need to be paid for.
After a discussion, Trustee Harris moved the following resolution, which was seconded by Trustee Harbour, a resolution authorizing the Treasurer to Transfer $8700. from the Equipment Savings Account to General Cash Account A.0000.0200 and to amend the 2023 -2024 Village Budget for Account A5.5110.0208 Street Equipment Miscellaneous.

ADOPTED:

Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE

The Treasurer requested the Board to approve a change to resolution #240191 as requested by the State Comptroller’s Office. Change the account code A.3120.0213 to A.3120.0420.
TABLED

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. Discussion followed.

Tabled to May 6, 2024, have to wait for Albany County Planning Board approval.

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.

Mayor Marsh led a discussion regarding raising the sewer rates. Discussion followed.

Resolution Number: 240202
There was a discussion regarding an increase in the sanitary sewer rate. The current rate is 45% of your water bill, the resolution states that the new rate for sewer would be 50% of your water bill. This increase is due to the anticipated increase in charges from the Albany County Water Purification District over $200 million dollar renovations over the next several years.

After the discussion, Trustee Harris offered the following – a resolution authorizing an increase in the sewer rate by 5%. This rate change will begin with the May 1, 2024, billing period. The resolution was 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

Dan Hershberg and Matt Rodgers led a discussion regarding a Subdivision of 1 Broadway. Dan Hershberg gave a presentation of the area to rear of the property to be subdivided. Discussion followed.
Vote tabled until May 6, 2024, wait for Albany County Planning Board approval.

Mayor Marsh led a discussion regarding applying for an ADA compliance and survey grant. Discussion followed.

Resolution Number: 240203

After a discussion Trustee Harris made a motion to approve applying for an ADA compliance and survey grant, second by Trustee Kalogridis.

Mayor Marsh presented the Police Department statistical comparison report.

March 2024 – Analysis and Comparison of Police Departments

Menands is uniquely sandwiched between 2 large cities and 1 medium sized city. A 4TH large city is not far away (12 miles). Our jurisdiction borders indisputable areas of high and increasing crime. Regardless of these facts, Menands was ranked the 3rd best place to live in the Capital District in 2022.
In 2023 Menands saw unprecedented drops in crime rates despite calls for service increasing by 15.5%. Violent crimes were down 40%, motor vehicle thefts were down 30%, and larcenies were down 20%. The statistics show a direct correlation between the increased frequency of traffic stops (up by 57%) and the decrease of motor vehicle crashes (down by 10%). In 2023 we issued 4856 traffic citations, which far exceed any nearby agencies including those of much larger agencies like Colonie, Bethlehem, Watervliet, and Guilderland. Our analysis clearly shows that our patrols and officers are successfully working to make Menands a safer village.
2024 to date our calls for service are up 49%, which (if trend continues) will more than double the total calls for service of 2021. It is important to note that our response time continues to be the shortest among ALL neighboring agencies, including those with MANY more officers on the road.

2022
Location Population Violent Crimes Crime per sq/ mile
Colonie 83k 122 52
Troy 50k 349 190
Albany 100k 926 213
Watervliet 10k 53 207
MENANDS 4.5k 8 35
MENANDS – 2023 4.5k 5 26.5

Below is a chart with the recommended rate of officers per every 1,000 people.
Agency Providing
Recommendations Recommended Rate for Officers per 1k people Amount of Officers
For a population of 4.5k
FBI 3.8 17
IACP 3.4 15.3
USDOJ 3.0 13.5
Below is a chart highlighting other similar departments, showcasing the number of officers, the population, and the geographic size of the municipality.

Police Department County # of Officers Location Population (2021) Location Size
(Sq. Miles)
Menands Albany 14 4508 3.313
Catskill Greene 20 3844 2.857
Ballston Spa Saratoga 18 5095 1.61
Hudson Falls Washington 18 7393 1.92
S. Glens Falls Saratoga 12 3764 1.49
Scotia Schenectady 14 7257 1.79
Horseheads Chemung 13 6493 3.91
Red Hook Dutchess 12 1957 1.07
Herkimer Village Herkimer 20 7283 2.703
Solvay Onondaga 16 6622 1.56
Wellsville Allegany 12 4587 6.16
Rensselaer City Rensselaer 28 9287 3.514
Mechanicville Saratoga 14 5168 .92

The Mayor advised the Board that the Fire Company held its Elections on April 2nd, 2024, the following have been elected to the following positions:

David Ognan, Fire Chief
Michael Steurer, Deputy Chief
Jonathan Dudley, Assistant Chief
T.J. Robertson, Captain
Sherri Archambault, Lieutenant
Tony Lipari, Lieutenant

Resolution Number: 240204

Trustee Kalogridis made a motion to approve the 2024-2025 Fire Line Officers, 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 Clerk informed the Board that the Fire Department will be using apparatus for the Little League Parade on Saturday, April 27th, 2024, this was approved at the annual meeting.

The Village will be receiving a $4,000 check from Comp Alliance for having a perfect Workers Comp rating.

Mayor’s Report:

  1. Update on South end Water / Sewer Project
  2. Update on Ganser Smith Park Bathroom renovation
  3. 50-56A Clifford Road will have a private Road named Davis Pines
  4. Updates on KeyBank accounts. A discussion followed.
  5. Updates of events & activities
  6. Albany County Sewer has been in the news regarding the odor.
  7. Next meeting the Mayor wants to discuss increasing the insurance buyout amounts.
  8. High Service Reservoir work is complete.
  9. Work will begin soon on the ——- behind the reservoir.
  10. Eric Luper would like to purchase a part of Canel Road like Kris’s Tavern. A discussion followed.
  11. Mayor Marsh is working with Phil Steck’s Office to apply for a Sam Grant to replace the Salt Shed.
  12. Solar Simplified – the Village has met its quota and will be able to increase a Climate Smart Community rating which will allow for higher grant opportunities.

Trustee’s Report:

Harbour: Menands School
1) April 18th Literacy Night 6 – 7 P.M.
2) April 26th Menands School Books.
3) April 27th Little League Opening Day.

Harris: Would like to declare April 19, 2024, Education and Sharing Day.

Trustee Harris made a motion to enter a discussion with Bank of Green County regarding switching Banking Servies from Key Bank to Bank of Green County, 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: 240205

Trustee Harris entered the following resolution:
RESOLUTION DECLARING APRIL 19, 2024, EDUCATION AND SHARING DAY VILLAGE OF MENANDS
WHEREAS a quality education is one of the significant foundations for the continuing success of our state, our country, and our society at large; and in the Village of Menands we strive for the betterment of all of our citizens through an increased focus on education and sharing; and

WHEREAS, in order to achieve its highest goals, education must not only impart knowledge but also teach the students how to live, forming and strengthening their moral character to make a better life for themselves as individuals and for society as a whole; imparting moral and ethical values that have been the bedrock of society since the dawn of civilization; and

WHEREAS, a global spiritual leader and leading advocate for the advancement of education, the Rebbe, Rabbi Menachem M. Schneerson, stressed that a moral and ethical education empowers every individual to develop their full potential in making the world a better place; and

WHEREAS, “Education & Sharing Day” is observed each year on the Rebbe’s birthday in recognition of his outstanding and lasting contributions toward the improvement of education, morality, and acts of charity around the world; a day to pause and reflect on our responsibility to ensure our youth have the foundation necessary to lead lives rich in purpose and fulfillment through service and good works; and

WHEREAS, April 19, 2024, will mark 123 years since the Rebbe’s birth, capping a year in which thousands of new institutions and initiatives were launched throughout the world in tribute to this celebration; and

NOW, THEREFORE, I, SETH HARRIS, Deputy Mayor of the Village of Menands and BRIAN MARSH, Mayor of the Village of Menands, do hereby proclaim Friday, April 19, 2024, to be EDUCATION AND SHARING DAY in the Village of Menands and call upon government officials, educators, volunteers, and citizens to reach out to those within your communities.

IN WITNESS, WHEREOF, I have hereunto set my hand and caused the Great Seal of the Village of Menands to be affixed at the Village Hall, 280 Broadway, this fifteenth day of April in the year two thousand and twenty-four.
Seconded by Trustee Kalogridis.

ADOPTED:

Trustee Harbour voting AYE
Trustee Harris voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Mayor Marsh voting AYE

Kalogridis:

Lane: 1) Gave an update on Earth Day
2) Gave an update on Little River Grant. A discussion followed.

General Comments:

TO: All Menands Village Board Members
FROM: Bill Garvey Jr

I got several important Village items as follows:

  1. He’s happy the police garage doors have been repaired.
  2. He’s happy the windows on the 2nd floor were replaced & upgraded.
  3. He supports the replacement & upgrading of air conditioning units.
  4. He is happy that all business space at 37 Simmons Lane is rented.
  5. He still opposes the 2% Tax Cap.
  6. He’s happy the restrooms at the LL Field are being repaired.
  7. He is proposing installing marker lights on the firehouse. They indicate essential services.
  8. In addition to solar energy, he proposes biogas or biofuel oil to power village buildings.
  9. Proposing installing radio towers on several Village buildings. Towers should be light green.
  10. He observes people walking and riding bikes on D& PH Railway which they are not supposed to do. What should he do?
  11. Looking for DPW to replace salt & structures with aluminum structures on N & S part of Oakland Avenue during 2024-2025 budget.
  12. Still proposed the Village use waste gravel, cement, and waste oil-based products to repair Village streets, sidewalks, parking lots & bridge on S Lyons Ave.
  13. He wants to know when DPW will be removing tree blocking marker sticks connecter to utility pole #9.
  14. He is upset with his landlord regarding a tree, so he is proposing the Village pass & enforce a Village law ordering the landlord of Village 1 Apts. to remove the tree within 2 weeks.
  15. He’s requesting pet owners who fail to clean up after their animals receive bigger fines, Big surcharges & work community services.
  16. He proposes yellow diamond shape signs indicating a stop ahead.
  17. In addition to repairs to LL Field restroom repairs he also supports repair to restroom bldg. next to pavilion bldg.
  18. 3 light green light markers are pleasing then need to be primed and painted. He reported this to the Menands Police Dept.
  19. He wanted to thank DPW for doing their job removing trees from Polk Switzer Park. He wishes to propose planting 8 new trees.
  20. He would like to post NO TEXTING WHILE DRIVINGon Broadway, Canan St, Menand & Elmwood Rd, wards & harts Lane, Lyons & Brookside Ave. Violations should include fines & community work service.

At 7:22 P.M. Trustee Harris made a motion to enter Executive Session to discuss a Personnel matter, 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

The regular meeting was reconvened at 8:06 P.M.

Trustee Harris made a motion to adjourn, seconded by Trustee Harbour.

ADOPTED:

Trustee Harbour voting
Trustee Harris voting
Trustee Kalogridis voting
Trustee Lane voting
Mayor Marsh voting

The meeting duly adjourned at 8:06 P.M.

__________________________
Donald Handerhan
Village Clerk