Board Meeting Minutes – February 20th, 2024

  February 20, 2024

View as PDF

The regular semi-monthly meeting of the Board of Trustees of the Village of Menands was held on Tuesday, February 20th, 2024, and called to order by Mayor Brian Marsh at 6:00 P.M.

PRESENT:
Brian Marsh, Mayor
Molly Harbour, Trustee
Nicholas Kalogridis, Trustee
Timothy Lane, Trustee
Donald Handerhan, Village Clerk
William T. Smith, Jr., Village Treasure
Stephen Rehfuss, Village Attorney
Chief Ryan St. Gelais, Menands Police
Lt. Kevin Schwebke, Menands Police
Chief David Ognan, Menands Fire
Michael Hagmann, Foreman DPW

ABSENT:

Seth H Harris, Trustee

Also attending: Bill Garvey, Mike & Susan Mackay, Matt Rogers – LaBella Assoc, Susan Sweeney, Mark Carnegie, Seth Kalogridis, Barry Kogan, Mrs. Kogan.

Also attending Virtually: Kathy Mosca, Steve Boulet, Geoffry Katt, Peg Holland, Beth & Paul Harbour, Lisa Neuman.

The Mayor led the Pledge of Allegiance.

Resolution Number: 240158

Trustee Harbour made a motion to accept the minutes of the February 5th, 2024, Board Meeting, seconded by Trustee Kalogridis.

ADOPTED:

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

Resolution Number: 240159

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

WARRANT # 18:

GENERAL totaling $    60,769.88
WATER totaling $      7,601.65
SEWER totaling $         798.55
TOTALS $   69,170.08

PAYROLL #19: totaling $100,982.87
(01/26/24-02/08/24)

ADOPTED:

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

Resolution Number: 240160

The Treasurer requested approval to transfer an additional $10,000 from General Saving to Key Bank Account # 329681422484 the HSA Account. This will be the account that CDPHP will use to cover the deductible for our Health Insurance plan. After a discussion, Trustee Lane moved the following resolution, which was seconded by Trustee Kalogridis, a resolution authorizing the Treasurer to Transfer $10,000. From General Savings to Key Account #329681422484.

Trustee Harbour made a motion to accept the following resolution, seconded by Trustee Lane.

RESOLVED, that the Treasurer be, and hereby is, authorized to make the following Budget Transfers

ADOPTED:

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

Resolution Number: 240161

There was a discussion regarding incorrect readings for 3 Gibbs Circle. Upon gaining access to the meter and changing out the register (2/12/24), it was determined the meter estimation was higher than it should have been causing too high of a consumption for billing purposes.
Trustee Harbour offered, seconded by Trustee Kalogridis the following resolutions:

WHEREAS, Water and Sewer Acct. #000486-000 for 3 Gibbs Circle water and sewer charges were based on an overestimation of use, now, therefore, be it

RESOLVED, that a total of $261.03 be deducted from the Water portion of the bill, and a total of $117.48 be deducted from the Sewer portion of the bill due February 15, 2024.

ADOPTED:
Trustee Harbour voting AYE
Trustee Kalogridis voting AYE
Mayor Marsh voting AYE
Trustee Lane voting AYE

Resolution Number: 240162

There was a discussion regarding incorrect readings for 15 F Elmwood Road. It was discovered that an incorrect reading was entered for the wrong meter on the January 2023 Water & Sewer bill, therefore, the consumption was higher than it should have been causing too high of a bill which was paid on time. Trustee Harbour offered, seconded by Trustee Lane the following resolutions:

WHEREAS, Water and Sewer Acct. #000451-000 for 15 F Elmwood Rd water and sewer charges were based on an incorrect reading, now, therefore, be it.

RESOLVED, that a total of $611.00 be credited from the water fund and a total of $274.96 be credited from the sewer fund to cover the account holders current Water & Sewer bills for account #000451-000 and 001476-000 and be it further.

RESOLVED, that a total of $1,094.98 be refunded back to Adventure in Food Trading from the Water Fund, and a total of $407.43 be refunded back to Adventure in Food Trading from Sewer.

ADOPTED:
Trustee HarbourvotingAYE
Trustee KalogridisvotingAYE
Mayor MarshvotingAYE
Trustee Lane voting AYE

Resolution Number: 240163

There was a discussion regarding an incorrect payment for 63 Broadway. It was discovered that Dunkin Donuts paid 63 Broadway and 60 Broadway’s water and sewer bill, therefore, the water & sewer bill for account# 000102-000 needs to be refunded to the payee. Trustee Harbour offered, seconded by Trustee Kalogridis the following resolutions:

WHEREAS, Water and Sewer Acct. #000102-000 for 63 Broadway water and sewer was paid by the wrong property owner, now, therefore, be it.

RESOLVED, that $885.96 be refunded from the water fund, $384.14 be refunded from the sewer fund, $17.46 be refunded from the water penalty fund, and $6.98 be refunded from sewer penalty fund in the total amount of $1,294.54, paid to CORRI, Inc, DBA Dunkin’.

ADOPTED:
Trustee HarbourvotingAYE
Trustee Kalogridis voting AYE
Trustee LanevotingAYE
Mayor Marsh voting AYE

Resolution Number: 240164

Mayor Marsh advised the Board that he would like to appoint David Ognan as MS-4 Officer effective as of February 23, 2023.

Trustee Kalogridis made a motion to approve the appointment of David Ognan to the position of MS-4 Officer effective February 23, 2024, seconded by Trustee Harbour.

ADOPTED:
Trustee HarbourvotingAYE
Trustee Kalogridis voting AYE
Trustee LanevotingAYE
Mayor MarshvotingAYE

Matt Rodgers from Labella, led a discussion regarding:
1. Hudson Mohawk Humane Society Site Plan Amendment:
a. Resolution for Lead Agency and Negative Declaration
b. Short Environmental Assessment Form 1-3
2. 12 Newell Ct. Ground Mounted Solar Site Plan Approval:
a. Resolution for Lead Agency, Negative Declaration, and Site Plan Approval
b. Site Plan Approval Notice of Decision

Resolution Number: 240165

Trustee Lane entered the following resolution:

Whereas, the Applicant, Mohawk Hudson Humane Society, is seeking approval of a Site Plan Amendment to construct two new building additions totaling 6,500+ square feet, demolition of the existing maintenance building, and the construction of additional parking areas, and a new bottle redemption building on the northern corner of the property, the “Proposed Project”; and

Whereas, the Applicant received Site Plan approval from the Menands Village Board for the construction of the existing facility on July 18, 2016; and

Whereas, the Applicant submitted a Site Plan Application for the Proposed Project dated March 28, 2023, followed by supplemental information on October 2, and December 12, 2023; and

Whereas, on February 15, 2024, Albany County Planning Board found that the Proposed Project will result in no impact upon the jurisdictional determinant, nor will it have significant countywide or intermunicipal impact and included an advisory opinion requesting the Village ensure that a demolition review is provided by the applicant to ensure no hazardous materials are present on the site; and

Whereas, pursuant to SEQRA, the Village Board is required to make a determination with respect to the environmental impact of the Proposed Project; and

Whereas, to aid the Village Board in determining whether the action described above may have a significant adverse impact upon the environment, a Short Environmental Assessment Form (“EAF”) was prepared, and is on file at the office of the Village Clerk; and

Whereas, the Village Board has examined and reviewed the EAF in order to classify the action and make a determination as to the potential significance of the action pursuant to SEQRA; and

Now, Therefore, Be It Resolved, by the members of the Menands Village Board, as follows:

(1) Based on an examination of the application materials and the EAF, the Menands Village Board makes the following findings and determinations pursuant to SEQRA:
(a) The action constitutes an “Unlisted Action.”
(b) The Menands Village Boad declares itself “Lead Agency” with respect to an uncoordinated review pursuant to SEQRA.
(c) The action will not have a significant adverse impact upon the environment, and the Lead Agency hereby issues a negative declaration pursuant to SEQRA, attached hereto and which shall be filed in the office of the Village Clerk in a file that is readily accessible to the public.
(2) A copy of this Resolution, together with the attachments hereto, shall be placed on file in the office of the Village Clerk where the same shall be available for public inspection during business hours.
(3) This Resolution shall take effect immediately. The Village Cleark is hereby authorized to distribute copies of this Resolution and do such further things to perform such acts as may be necessary or convenient to implement the provisions of this Resolution.
Second by Trustee Harbour.

ADOPTED:
Trustee HarbourvotingAYE
Trustee Kalogridis voting AYE
Trustee LanevotingAYE
Mayor MarshvotingAYE

Resolution Number: 240166

Trustee Lane entered the following resolution:

Whereas, the Applicant, Barry Kogan, is seeking Site Plan approval to install a ground mounted 15.30kW solar energy system at 12 Newell Ct. (Parcel: 54.12-3-33.1) located within the Single-Family Residential Zoning District (R1), the Proposed Project; and

Whereas, the Village received the Site Plan Application on December 28, 2023, with revised site drawings provided on January 2, 2024; and

Whereas, the Proposed Project and application documents are more formally described in the attached Notice of Decision; and

Whereas, pursuant to SEQRA, the Village Board is required to make a determination with respect to the environmental impact of the Proposed Project; and

Whereas, to aid the Village Board in determining whether the action described above may have a significant adverse impact upon the environment, a Short Environmental Assessment Form (“EAF”) was prepared, and is on file at the office of the Village Clerk; and

Whereas, the Village Board LaBella Associates has examined and reviewed the EAF in order to classify the action and make a determination as to the potential significance of the action pursuant to SEQRA; and

Whereas, the Village Board and LaBella Associates have reviewed the Site Plan application and supplemental information with respect to all applicable requirements of § 169-47, Solar Energy Systems and Article 10, Site Plan Review of Chapter 169, Zoning and has determined the application meets the requirements for Site Plan approval as indicated in the Attached Notice of Decision.

Now, Therefore, Be It Resolved, by the members of the Menands Village Board, as follows:
(1) Based on an examination of the application materials and the EAF, the Menands Village Board makes the following findings and determinations pursuant to SEQRA:
(a) The action constitutes an “Unlisted Action.”
(b) The Menands Village Boad declares itself “Lead Agency” with respect to an uncoordinated review pursuant to SEQRA.
(c) The action will not have a significant adverse impact upon the environment, and the Lead Agency hereby issues a negative declaration pursuant to SEQRA, attached hereto and which shall be filed in the office of the Village Clerk in a file that is readily accessible to the public.
(2) Based on an examination of the application materials, the Menands Village Board hereby issues concurrent Preliminary and Final Site Plan approval for the Proposed Project with conditions as indicated on the attached Notice of Decision.
(3) A copy of this Resolution, together with the attachments hereto, shall be placed on file in the office of the Village Clerk where the same shall be available for public inspection during business hours.
(4) This Resolution shall take effect immediately. The Village Cleark is hereby authorized to distribute copies of this Resolution and do such further things to perform such acts as may be necessary or convenient to implement the provisions of this Resolution.
Second by Trustee Harbour.

ADOPTED:
Trustee HarbourvotingAYE
Trustee Kalogridis voting AYE
Trustee LanevotingAYE
Mayor MarshvotingAYE

Department Heads presented their Budget Proposals to the Board and answered all questions.

Treasurer Bill Smith gave the Courts budget requests.

Clerk Donald Handerhan introduced his budget requests for the Village Office and Buildings.

Clerk Donald Handerhan introduced his budget requests for buildings.

Chief Ryan St Gelais introduced his budget request for the Police Department.

Chief David Ognan introduced the budget requests for the Fire Department.

DPW Foreman Michael Hagmann introduced his budget requests for DPW, Water, Sewer, and Refuse Departments.

The Treasurer led a discussion regarding holding a Budget Workshop and Budget Public Hearing. Discussion followed.

After a discussion, the Board decided to hold a Budget Workshop on March 6, 2024, at 6 P.M. and to have the Clerk notice the Workshop.

Resolution Number: 240167

Trustee Harbour made a motion to hold a Budget Public Hearing on April 1, 2024, at 6 PM, second by Trustee Kalogridis.

ADOPTED:
Trustee HarbourvotingAYE
Trustee Kalogridis voting AYE
Trustee LanevotingAYE
Mayor MarshvotingAYE

The Treasurer led a discussion regarding having to Overriding the Tax Levy. Discussion followed.

Resolution Number: 240168

Trustee Lane introduced Local Law 1 of the year 2024 authorizing a property tax levy in excess of the limit established in General Municipal Law §3-c.

LOCAL LAW # 1 OF THE YEAR 2024
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, 2024, 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, 2024, 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.
Trustee Lane made a motion to approve holding a Public Hearing March 4th, 2024, on Local Law authorizing a property tax levy in excess of the limit established in General Municipal Law §3-c, seconded 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 upgrading the Village Website. Discussion followed. TABLED

Memorandum of Engagement
Village of Menands
Website Redevelopment

Developer Information

Contact Name: Mike Kilpatrick / Sean Mahoney
Company Name: Next Step Digital
Address: 721 Broadway, Suite 200, Kingston NY, 12401
Telephone Number: 888.871.0038
Email Address: email hidden; JavaScript is required
Client Information

Contact Name: Mayor Brian Marsh
Company Name: Village of Menands

Memorandum of Engagement  
This Memorandum of Engagement (MOE) is proposed on February 5, 2024 between The Village of Menands (VM), and Next Step Digital (NS) for the redevelopment of the Village’s website to be located at https://villageofmenands.com/ (The Project).

SCOPE OF WORK 
NS has created this scope of work for the development of The Project.

Our development team works with several programming frameworks to create the features and functionality based on the scope and discovery documents. For this project we plan to utilize the widely used WordPress Content Management System

WordPress is a robust system which is already in use by the existing website, it will allow us to handle the many data types we intend to use. WordPress also provides a very easy to use administration system for non-technical users. WordPress is open source meaning that it is not proprietary in any way and is supported by thousands of developers across the globe.

BASE DEVELOPMENT 
The new website will be built upon the Avada framework which is a highly functional set of tools for WordPress. Avada is a WordPress framework allowing for ease in administration, rapid development of new blocks of functionality and is overall a much more stable and flexible product. Avada is also widely adopted which will allow any administrator or developer to make changes later more easily.

We will utilize best practice development techniques resulting in a fully functional website. Once initial development is completed, the beta version for the website will be posted to a non-public development URL for feedback from VM.

During the Beta review portion of the Build phase, any bugs will be addressed, and one round of client feedback will be accepted under the terms of this scope.
Upon approval of the Beta version of the project, NS will prepare for the deployment of the Beta site to the live server.

FUNCTIONAL SCOPE

• Dev and Content migration, setup
• Dev Discovery/IA
o Reorganization of existing content into new sitemap
o Add a plugin that creates automatic redirects, like Yoast Premium
• Slab Navigation
• Functionality Changes
o Calendar/Events (keep) – use existing plugin.
o Meeting Videos (new) (To be discussed)
o Service Request (new) – (To be discussed)
• Basic Pages – reorganization and content migration work
• QC/Redirects
• Feedback
• Launch

FORMS 
WordPress gives administrators the ability to easily create new forms or edit existing forms once the site has been launched. All forms will have the ability to send submissions to emails of the client’s choice in addition to storing all submissions within the administration area. Stored submissions will have the ability to be exported to a CSV file for use in offline applications.

RESPONSIVE DESIGN 
The new VM website will be built to be mobile responsive. Mobile responsive ensures that the website is as functional on a mobile device as it is on a desktop computer as well as all devices in between. This requires not only designing appropriate and functional desktop compositions that will gracefully scale to lower size, but to also design the break points and end points of how these pages will be viewed upon devices with reduced screen real estate.

ADMINISTRATION TRAINING
We will train VM personnel or their agents in the administration of the website. This training will occur remotely, via screenshare. The administrators are taught how to update all content on the website, make image and text changes, add / remove users, and additional admin tasks. These trainings typically take 1-2 hours.

GENERAL SUPPORT AND MAINTENANCE 
Services 
NS will provide resources for the updating and upkeep of the new website. This includes, but is not limited to: Development (HTML, PHP, CSS, JavaScript), Graphic Design, WordPress Platform Support, and Analytics. NS will also be available to provide development resources to support VM and/or representatives for contextual and graphic changes on the website on an as needed basis.

Utilizing our internal ticketing tool, requests will be tracked and prioritized by NS and VM. In general, VM will be responsible for providing content for any requested changes.

Maintenance 
It is our recommendation that WordPress core and plugin updates are made monthly, to keep the site functioning properly as there are many components that will need to be maintained regularly. NS recommends a minimum of 1 hour per month to perform a website health check and to perform any minor platform or plugin updates.

NS will respond to any requests by the client within 1 business day and work will be scheduled or completed. The time spent will be billed at our hourly rate of $95.00 per hour billed in 15-minute increments.

Hosting Support 
Hosting will not be needed. Our plan is to use the existing hosting system.

Availability 
NS will provide the above services and resources to the client during normal business hours, Monday – Friday*, 9:00am – 5:00pm ET.

TENTATIVE SCHEDULE 
This proposal and schedule assume timely turnarounds relating to feedback and approvals from the client.

Based on an example timeline provided VM, we anticipate this project being completed in 8-12 weeks. We always hope to complete a project sooner, however this would be dependent on timely approvals and turnarounds by VM.

PRICING & TERMS 
This MOE covers the term of the engagement effective starting on the MOE Effective Date and proceeding through the launch of the website.

Total Pricing
In consideration of NS’s performance of these services, VM agrees to pay NS on a fee for service basis as follows:

Website Design & Development: $6,000.00 
Additional and 3rd Party Fees

  • Avada Framework/Theme: $90.38 +tax
  • Sucuri Firewall: $400/yr.+ one hour setup.
  • Hourly Rate for Support Post Launch: $100.00 per hour

VM will pay NS 50% of the total payment ($3,000.00) for development services as an initial deposit due within one week of the execution of this agreement. A 25% payment (1,500.00) at deliver of the beta to VM and 25% payment (1,500.00) on release of the site.

THANK YOU 
We thank the Village of Menands for the opportunity to provide design and web development services for this project. We look forward to potentially working with you on this important effort and are available for any questions should you have them.

Sincerely,
Mike Kilpatrick & Sean Mahoney

ACCEPTANCE AND AUTHORIZATION  
Signing below indicates acceptance of this SOW by both Next Step Digital and Village of Menands
IN WITNESS WHEREOF, the parties hereto each acting with proper authority have executed this MOE.
Next Step Digital, LLC Village of Menands

Partner
Title Title
Signature Signature
Date Date

After a discussion Trustee _____ made a motion to approve Next Step Digital to complete work to redesign the Village Website at cost of $6,000.00, second by Trustee ______.

ADOPTED:

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

The Clerk advised the Board that Park Rental Reservations will stary on Friday, March 1st, 2024.

Mayor Marsh led a discussion regarding a Petition that is being headed by NYCOM to increase AIM funding. Discussion followed.

 Resolution Number: 240169

After a discussion Trustee Lane made a motion to approve the and the Clerk to sign Petition to increase AIM funding, Second by Trustee Kalogridis.

ADOPTED:

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

Trustee Lane reminded the Board that the Village has received a Little River Grant which is a 50% match grant. LaBella Associates will conduct a study for access to the river and who owns the properties. A discussion followed.

Resolution Number: 240170

After the discussion Trustee Lane made a motion to approve of the Mayor signing the agreement with LaBella Associates to complete the Little River Grant study, seconded by Trustee Kalogridis.

ADOPTED:

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

Mayor Marsh advised that Grocery Outlet have been in the media wanting to move into the area. The Mayor advised that the Villane and the owners of 90 Broadway have been in contact with Grocery Outlet but were not able to meet their terms. A discussion followed.

Trustee Harbour advised the CYP Alumni Game was this past Saturday and was a great success. The CYO plans to make the Alumni Game and annual event.

Public Comments:

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

I got some important Village items as follows:

  1. He wishes to express his sympathy to the Rogozinski Family.
  2. He reported dog waste on N Lyons Ave to the Menands Police.
  3. He straightened a plow stick on N Lyons Ave which scratched his vehicle.
  4. He would like the Village and National Grid to work together to repair N & S parts of Oakwood Ave.
  5. He swept up broken glass around the park and reported it to the Menands Police.
  6. He’s happy that new dead-end signs & post are being replaced on E Kenmar Rd but would prefer the post to be aluminum not steel.
  7. He proposes that the north end of the DPW garage be primed & painted light green.
  8. He would like to prose NO CELL PHONE TEXTING SIGNS on Broadway, Wards Ln, Brookside Ave, Menands Rd, Harts Ln, VRB, Lyons Ave & Canal St.
  9. He supports the South End Water & Sanitary Sewer Project and thanked the engineers for answering his questions.
  10. He wishes to support the construction of the new Menands Bridge between Menands & Troy. He recommends NYSDOT build a new bridge before demolishing the old one.
  11. He was concerned about the clutter in the CDTA shelter on the west side of Broadway. He reported it to the Menands Police.
  12. During 2/5/24 meeting the Mayor mentioned posting new signs in various sections of Menands. He wanted to know what kinds of signs and their locations.

Mike Mackay stated the Board should really look at overriding the Tax Cap and look down the road for the next 5-6 years.

Mayor Marsh advised the Board that Nicole Ognan’s last day will be Friday February 23, 2024, with Nicole leaving more items are going to be put on Cheryl Lyon. Mayor Marsh asked the Board to increase Cheryl’s salary by $5,000.00 effective February 23, 2024.

Resolution Number: 240171

Trustee Harbour made a motion to increase Cheryl Lyon’s salary by $5,000.00 effective February 23, 2024, seconded by Trustee Lane.

ADOPTED:

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

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

ADOPTED:

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

The meeting duly adjourned at 7:04 P.M.

______________________
Donald Handerhan
Village Clerk