Board Meeting Minutes – February 18th, 2020

  February 18, 2020

The regular semi-monthly meeting of the Board of Trustees of the Village of Menands, held on Monday, February 18, 2020 was called to order by Mayor Megan Grenier at 6:00 P.M.

PRESENT:

Megan Grenier, Mayor
Diane Foley, Trustee
Seth H. Harris, Trustee
Brian Marsh, Trustee
Donald Handerhan, Village Clerk
William T. Smith, Jr., Village Treasurer
Stephen Rehfuss, Village Attorney

ABSENT:

Aileen Nicoll, Trustee

Also attending: Bill Garvey, Emma Conway, Kevin & Diane Miller, John Bassett, Cheryl Lyon, Susan Mackay, Susan Sweeney, Chris Flint, Lyle Darmetko, Bill Nevins, John Stangle

The Mayor led the Pledge of Allegiance.

Mayor Grenier read and presented a proclamation to Geneva Conway in appreciation of her years services as a member of the Zoning Board of Appeals for the Village of Menands.

Mayor Grenier thanked the Menands Police Department for finding a woman who was missing all night.

Mayor Grenier explained over the past year the Village and the DPW Department have been working very diligently to find unaccountable water. The Village is working with businesses to replace older water meters, the Village has replaced and installed water meters within all Village buildings, and has replaced older Village resident meters.

The Village has also completed a Leak Detection Study of in the Village. During the study a hydrant behind Subway appeared to need to be replaced. DPW discovered an 8” pipe leaking into a drain behind Subway. The leak was repaired and there is a measurable water savings.

Mayor Grenier followed up regarding the Sales Tax question from last meeting. Sales Tax is based on the Federal Census. The Sales Tax the Village receives is a ratio between the Town of Colonie, Village Colonie and the Village of Menands, the ratio is based on assessed value. A discussion followed.

Open Forum:

Resident Bill Garvey is in support of the request made at the last meeting by Judge Flint.

Mr. Garvey thanked DPW for fixing the green light outside the Police Department.

He also thanked the Board for approving the tree removal at 30 Wolfert Avenue.

Mr. Garvey advised the Board he reported a commercial truck to MPD for driving down North Lyons Avenue.

Resident Susan Sweeney asked if it would be possible to invite Albany County Legislator Alison McLean Lane to attend a Board Meeting and explain what she is doing for the Village of Menands.

Mayor Grenier stated that we would reach out to her and invite her.

Resident Bill Nevins wanted to thank the DPW for all their hard work.

A motion was made by Trustee Marsh to accept the minutes of the February 3rd, 2020 Board Meeting, seconded by Trustee Foley.

ADOPTED:

Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE

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

WARRANT # 18:

GENERAL totaling $119,571.05
WATER totaling $ 33,983.01
SEWER totaling $ 13,500.00
TOTALS $167,054.06

PAYROLL # 19: totaling $ 83,686.06
(01/31/20 – 02/13/20)

ADOPTED:

Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE

Trustee Marsh presented the following resolution authorizing a property tax levy in excess of the limit established in General Municipal Law;

LOCAL LAW # 1 OF THE YEAR 2020
Village of Menands, County of Albany

A local law authorizing a property tax levy in excess of the limit established in General Municipal Law §3-c.

Section 1. Legislative Intent

It is the intent of this local law to allow the Village of Menands to adopt a budget for the fiscal year commencing June 1, 2020 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law §3-c.

Section 2. Authority

This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes a local government’s governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body.

Section 3. Tax Levy Limit Override

The Board of Trustees of the Village of Menands, County of Albany, is hereby authorized to adopt a budget for the fiscal year commencing June 1, 2019 that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c.

Section 4. Severability

If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

Section 5. Effective Date

This local law shall take effect immediately upon filing with the Secretary of State.

A Public Hearing to be scheduled for Monday, March 2nd, 2019 at 6:00 P.M.

ADOPTED:

Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE

Trustee Harris introduced the following Proposed Local Law No 2 of 2020 Amending the Village Code 160-66 Section A of the Village of Menands Vehicle and Traffic Regulations. Be it enacted by the Village Board of the Village of Menands as follows:

§ Parking prohibited in certain locations.

[Amended 6-7-1993 by L.L. No. 2-1993; 7-19-1993 by L.L. No. 3-1993; 11-15-1993 by L.L. No. 4-1993;
9-7-1999 by L.L. No. 1-1999; 7-2-2001 by L.L. No. 2-2001; 8-20-2001 by L.L. No. 5-2001]

It shall be unlawful and a violation of this article for an owner or operator of any vehicle to park or permit his vehicle to be parked or to abandon his vehicle:

A. On the west side of North Pearl Street from a point 168 feet south of Amsterdam Avenue to the end thereof north of Amsterdam Avenue.

The Code Enforcement Officer presented information to the Board on increasing Permit Fees.

As requested, the following is the Village proposed fee schedule in comparison to the Village of Colonies current Fee schedule:

RESIDENTIAL BUILDING PERMIT FEE SCHEDULE;

*New one or two family dwellings (including Garage)

Up to 1500 square feet Proposed: $820 Village of Colonie: $800
Over 1500 SF to 3000 SF Proposed: $1125 Village of Colonie: $1100
Over 3000 SF to 4500SF Proposed: $1430 Village of Colonie: $1400
Over 4500 SF to 6000 SF Proposed: $1940 Village of Colonie: $1900
Over 7000 SF Proposed: $2960 Village of Colonie: $2900

*Additions, Alterations, Conversions, Demolitions, Etc.

Cost of construction $1000 or less Proposed $100 Village of Colonie: SAME
For each additional $1000 or fraction thereof Proposed $10 Village of Colonie: SAME

*Sheds and Gazebo type structures Proposed $55 Village of Colonie: $100

*Swimming Pools

Inground: Proposed: $255 Village of Colonie: SAME
Above ground: Proposed: $80 Village of Colonie: $100

COMMERCIAL BUILDING PERMIT FEE SCHEDULE:

*New building for non-residential or Mixed Use

For the first 1000 SF Proposed: $615 Village of Colonie: $600
Over 1000 SF Proposed: $330 per 1000 Village of Colonie: $325

*New Building for Multiple Dwelling units such as apartment house, hotels, etc.
Over 1000 SF to 5000 SF Proposed: $460 per 1000 Village of Colonie: $450
Over 5000 SF to 15000 SF Proposed: $410 per 1000 Village of Colonie: $400
Over 15000 SF to 50000 SF Proposed: $360 per 1000 Village of Colonie: $350
Over 50000 SF Proposed: $310 per 1000 Village of Colonie: $300

*Additions, Alterations, Conversions, Demolitions, Etc.

Cost of construction $1000 or less Proposed:100 Village of Colonie: $200
For each additional $1000 or fraction thereof Proposed: $10 Village of Colonie: $100

*Change of Tenant in a commercial building Proposed: $100 Village of Colonie: $200

*For New Buildings for All Non-For-Profit organizations (with Proof)

First 1000 SF Proposed: $180 Village of Colonie: $200
For Each 1000 SF thereafter to 15000 SF Proposed: $105 Village of Colonie: $100
Over 15000 SF Proposed: $85 Village of Colonie: $80

Temporary Tents: Proposed: $100 Village of Colonie: $200

Sign Permit: proposed: $200 Village of Colonie: $100(plus admin. Fees)

*Application for Wireless Telecommunication Proposed $8500 Village of Colonie N/A

*Building Permit Extension: Proposed: 50% of the Original permit fee Village of Colonie: SAME

*Special Use Permit: Proposed: $600 Village of Colonie: $150 Plus 300 (ADMIN)

ZBA Applications

Area Variance Proposed: $100 Town of Colonie: $150 Plus Fees
Use Variance Proposed: $500 Town of Colonie: $150 Plus Fees
Shed and Gazebo Variance Proposed: $35 Same as above
Above Ground Pool Variance Proposed: $45 Same as above
In-Ground Pool Variance Proposed: $200 Same as above

SITE PLAN REVIEW FEES:

Less than one acre Proposed: $1000 Town of Colonie: $200 plus Eng. Fee and admin fee
One to Five acres Proposed: $2000 Town of Colonie: $300 plus Eng. fees and admin fees

Village of Menands
250 Broadway
Menands, NY 12204
(518) 434-2922
Fax (518) 427-7303

TO: The Village Board of Trustees

SUBJECT: Review of Existing Fee Schedule

Per the Mayors request, I have reviewed our existing fee schedule for the Building Department and other Village Fees in comparison to other municipalities especially the Town of Colonie.

**RESIDENTIAL BUILDING PERMIT FEE SCHEDULE

*New one or two family dwellings (including Garage) Current Proposed

Up to 1500 Square feet $275. $820
Over 1500 SF to 3000 SF $350 $1,125
Over 3000 SF to 4500 SF $500 $1,430
Over 4500 SF to 6000 SF NA $1,940
Over 7000 SF NA $2,960

COMMENT: The above increased fees are what the town of Colonie charges and are very similar to other jurisdictions. Also, any new structure would be subject to our Site Plan Review process including escrow requirements.

*Additions, Alterations, conversions, demolitions, etc. Current Proposed

Cost of construction $1000 or less $100 No Change
For each additional $1000 or fraction thereof $10 No Change

*Sheds and pools Current Proposed

Sheds and Gazebo type structures $35 $55
Swimming Pools (above Ground) including Hot Tub $45 $80
Swimming Pools (in-ground) $200 $255

COMMENT: The increases reflect the current Town of Colonie fee schedule.

**COMMERCIAL BUILDING PERMIT FEE SCHEDULE

*New Building for Non-residential or Mixed Use Current Proposed

For the first 1000 SF 2.5% of cost $615
Over 1000 SF 2.5% of cost $330 per 1000 SF

*New Building for Multiple Dwelling units such as apartment house, hotels, etc.

Current Proposed
For the first 1000 SF 2.5%of cost $615 per 1000 SF
Over 1000 SF to 5000 SF 2.5%of cost $460 per 1000 SF
Over 5000 SF to 15000 SF 2.5% of cost $410 per 1000 SF
Over 15000 SF to 50000 SF 2.5% of cost $360 per 1000 SF
Over 50000 SF 2.5% of cost $310 per 1000 SF

COMMENT: Making the change from the percentage of the job cost to square footage eliminates applicants
From submitting a cost of the construction which may not be accurate. The proposed fee structure
is In line with the Town of Colonie.

*Additions, Alterations, Conversions, Demolitions, etc. Current Proposed

Cost of Construction $1000 or less $100 No Change
For each additional $1000 or fraction thereof $8.50 $10

COMMENT: This minimal increase reflects the current Town of Colonie fee schedule.

*Change of tenant in a commercial building Current Proposed

With No construction or building permit $50 $100
With construction and a building permit required building permit fees come in effect.

COMMENT: All commercial tenant changes are required to receive a “Certificate of Occupancy”. That fee would
Increase from $50 to $100 to be the same as Town of Colonie. If there is a tenant change that
Requires a building permit then all building permit fees come in to play and the “C of O” will be part
of the permit process.

FOR NEW BUILDINGS FOR ALL NOT-FOR-PROFIT ORGANIZATIONS (W/ PROOF) Current Proposed

First 1000 SF NA $180
For each 1000 SF thereafter to 15,000 SF NA $105
Over 15000 SF NA $85

Additions, alteration, conversions, demolitions, etc. for NOT-FOR-PROFIT (W/ PROOF) Current Proposed

Total cost of construction $1000 or less NA $100
For each additional $1000 or fraction thereof NA $10/$1000

COMMENT: The Not-For-Profit is the current Town of Colonie fee schedule giving significant savings with new
Construction building permits.

TEMPORARY TENTS: Current Proposed

Retail use for a maximum of ten days for each tent. NA $100
Non retail use for maximum of ten days for each site NA $50

SIGN PERMIT Current Proposed

Sign permit, per sign $200 NO CHANGE
Sign permit, per sign (not-for-profit) $50 NO CHANGE

RETENTION OF EXPERT ASSISTANCE FOR WIRELESS TELECOMMUNICATIONS Current Proposed

APPLICATION FOR WIRELESS TELECOMMUNICATIONS NA $8500
New tower or extension of existing tower NA $6000
Other than New Tower or extension of existing tower NA $3000

COMMENT The Village currently does not have a fee process for such tower proposed structures and/or fit-ups.
The proposed fees are consistent with the Town of Colonie.

BUILDING PERMIT EXTENSION Current Proposed

Residential Permit 100% of original Permit fee 50% of permit fee

Commercial 100% of original Permit fee 50% of permit fee

MISCELLANEOUS FEES: Current Proposed
Special Use Permit $600 No Change
Flood Plain Waiver Review escrow deposit of $1500 No Change

COMMENT: These fees are in addition to escrow requirements which are determined by our consulting engineer
After an initial review of the project.

Z.B.A. APPLICATIONS: Current Proposed

Area Variance $100 $200
Use Variance $500 $600
Shed or Gazebo Variance $35 $75
Above Ground Pool Variance $45 $100
In-Ground Pool Variance $200 No change

COMMENT: The ZBA application fees are conflicting with what is online and the building departments fee files
The above proposed fees are compatible to other local jurisdictions.

OTHER FEES: Current Proposed

Stormwater Pollution Prevention Plans: Escrow Deposit of $2000.00 Escrow Deposit of $3000.00
COMMENT: The NYS DEC will be issuing a new General Construction Permit in 2020. This permit will
significantly increase the requirements for the Permit and our escrow deposit should be increased.

SITE PLAN REVIEW FEES: Current Proposed

Less than one acre $500.00 $1000.00
One to five acres $1000.00 $2,000.00

COMMENT: These fees are in addition to escrow requirements which are determined by our consulting engineer
After an initial review of the project.

Trustee Marsh made a motion to approve the increase in permit fees, seconded by Trustee Harris.

ADOPTED:

Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE

Treasurer Smith suggested to the Board that the Village should look into increasing Dumpster Rental Fees. A discussion followed.

After the discussion the Board asked Mr. Smith to look into cost related to the Dumpster and report back to the Board.

Treasurer Smith asked for a transfer of $5,000.00 from unappropriated funds to new account setup for the 100 Year Celebration account.

Trustee Harris made a motion approving the transfer of $5,000.00 from the unappropriated funds to 100 Year Celebration Account, second by Trustee Foley.

ADOPTED:

Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE

Eric Johnson from Chazen Companies explained the GIS System to the Board that Chazen had setup for the Village. Now that the system is up and running the Village should consider purchasing its own licenses for the GIS System. A discussion followed.

Mayor Grenier advised that the Fire Department is having Fish Fry Dinner again this year on the following Fridays: Feb 28th; Mar 6th; Mar 20th; Apr 3rd; and Apr 10th.

St Patrick’s Club will be marching the Albany Parade and holding their St Patrick’s Dance on Saturday, March 14th.

Mayor Grenier explained to the Board she has been working with Chazen on the following Grants: CDTC Zoning Grant for $80,000.00 looks like it will be awarded soon. We will be applying for SAM Grant for $125,000.00 to continue improvements to Ganser-Smith Park.

Trustee Harris asked Eric Johnson about trails work day to put up Trails Markers. A discussion followed.

FOLLOW-UP:

1 Measured for No Parking on North Pearl Street
2 Website the Forms page has been updated and improved
3 Budget Workshop February 27, 2020 at 5:30 P.M. will be held in the Fire Hall due to Court
4 Corrective Action Plan for Justice Court to NYS Comptroller’s Office has been received

Chief Steurer requested the Fire Department to use one fire truck and one chief’s vehicle in the Albany St. Patrick’s Day Parade on Saturday, March 14th, the Watervliet and Maplewood Memorial Day Parades, and the Hudson Valley Convention.

After which Trustee Marsh moved a resolution authorizing the Fire Department the use of one fire truck and one chief’s vehicle in the Albany St. Patrick’s Day Parade on Saturday, March 14th, the Watervliet and Maplewood Memorial Day Parades, and the Hudson Valley Convention, seconded by Trustee Foley.

ADOPTED:

Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE

The Clerk gave the Board a reminder of the Budget Workshop scheduled for Thursday, February, 27th, 2020 at 5:00 P.M.

The Public Hearing for the 2020-2021 Budget has been set for Thursday, April, 2nd, 2020 at 6:00 P.M.

At 6: 57 P.M. Trustee Harris made a motion to enter into Executive Session to discuss a personnel matter, seconded by Trustee Marsh.

ADOPTED:

Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE

The regular meeting reconvened at 7:11 P.M.

A motion was made by Trustee Harris to adjourn, seconded by Trustee Marsh.

ADOPTED:

Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE

The meeting was duly adjourned at 7:11 P.M.

_________________
Donald Handerhan
Village Clerk