The regular semi-monthly meeting of the Board of Trustees of the Village of Menands held on Monday, July 17th, 2023, was called to order by Mayor Brian Marsh at 6:00 P.M.

PRESENT:

Molly Harbour, Trustee
Seth Harris, Trustee
Nicholas Kalogridis, Trustee
Timothy Lane, Trustee
Brian Marsh, Mayor
Donald Handerhan, Village Clerk
Stephen Rehfuss, Village Attorney
Ryan St. Gelais, Police Chief
Kevin Schwebki, Police Lt.

Also attending:  Bill Garvey, Peg Holland, Kathy Mosca, Beth Harbour, Tom Bates, Paul Harbour, Paul Cooney, Tom Bates, C. Nevins, Val Parker, Michael & Susan Mackay, Cecile Dunn, Matt Rogers, Loretta Belonte, Mark Carnegie, Steve Boulet, Cindy & Chuck Price, Bill Nevins, Mike Steurer, David Ognan, Jonathan Dudley, TJ Robertson, Tony Lipari, John Stangle, Charles Ansert, Laura Harbour, Buzz Harbour, Smith News, Janet Ramsy, Jon Alden, Steve Samels.

The mayor led the Pledge of Allegiance.

Public Hearing

The Public Hearing was postponed due to changes made to Local Law #7 which will need to be reintroduced.

Mayor Marsh advised the Board and the Residents of the following:

On Saturday, July 15, 2023, Menands Fire Department was dispatched to a structure fire at 95 Sand Creek Road at 10:13am. The crew of 2nd Assistant Chief Jonathan Dudley, Captain TJ Robertson and Lieutenant Tony Lipari responded with Truck 6. Truck 6’s crew completed multiple operations throughout the duration of the fire, including roof operations, operating hand lines, and overhaul. During the overhaul portion of the call, a member from another town department collapsed while inside. Lieutenant Lipari announced that a firefighter was down. With the assistance of Chief Dudley, and other members of the fire service, they were able to carry the downed firefighter outside to EMS. The downed firefighter was having a cardiac episode and was rushed to the hospital. The firefighter is in stable condition thanks to the quick actions taken by Tony and Jon. Menands returned to service at approximately 2pm.  The Board thanked the Fire Department for their service.

Resolution Number 240019

A motion was made by Trustee Harris to accept the minutes of the July 3rd, 2023, Annual Meeting, seconded by Trustee Lane.

ADOPTED:

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

Resolution Number 240020

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

WARRANT # 4:

GENERAL totaling $ 40,601.66
WATER totaling $222,954.82
SEWER totaling $        112.50
TOTALS $263,668.98

PAYROLL #4: totaling $115,418.72
06/30/23-07/13/23)

ADOPTED:

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

Treasurer Smith gave a Financial Review of the Village Finances. Discussion Followed.

Trustee Lane explained that there have been substantial changes to the original Local Law #7 that will have to be reintroduced.

Resolution Number 240021

Trust Lane entered the following resolution:

Local Law #7 for the Village of Menands

Amending Chapter §169, “Zoning” of the Menands Village Code.

Section 1: Legislative Intent.
The Village Board finds that it is in the best interest of the Village of Menands to amend Chapter 169 of
the Village Code entitled “Zoning” in order to revise certain provisions related to dispensing controlled
substances.
Section 2: Broadway Business District.
Amend §169-20 – Broadway Business District (BBD) as follows:
§169-20 E. Special Uses. The following uses are authorized [only] by special use permit approval
pursuant to this chapter.
Add – “Controlled Substance Dispensary”
Section 3: Neighborhood District (T4).
Amend §169-21 Neighborhood District (T4) as follows:
§169-21 D. Site plan uses. The following are uses authorized with site plan approval pursuant to this
chapter.
Remove – “Medical Facility, 20,000SF”
Section 4 : Village District (T5).
Amend §169-22 Village Center District (T5) as follows :
§169-22 E. Special Uses. The following uses are authorized by special use permit approval pursuant to
this chapter.
Remove – “Cannabis Retail Dispensary”
Section 5: Definitions.
Amend §169-94, Definitions as follows:
Add
[“Controlled Substance Dispensary” – A business licensed by the New York State Office of Addiction
Services (OASAS) that is registered to operate in the State of New York that sells, prescribes or
otherwise distributes drugs, goods, or materials that are listed as controlled substances under the
Federal Controlled Substances Act or the New York State Public Health Law to persons, and under
conditions, authorized by the State of New York. These uses include opioid treatment, and medically
assisted treatment programs. For the purposes of this chapter, Controlled Substance Dispensary shall
not include Cannabis Retail Dispensaries, defined separately in this chapter.]

Amend
“Cannabis Retail Dispensary” – A retail facility for the sale of cannabis products [licensed by the Office
of Cannabis Management (OCM)] pursuant to the New York State Marihuana Regulation and Taxation
Act.
Section 6: Severability:
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 7: Filing:
This local law shall take effect immediately upon filing with the New York State Secretary of State.

Trustee Lane requested a Public Hearing to be held on August 7, 2023, at 6 P.M., second by Trustee Harbour.

ADOPTED:

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

Open Forum:

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

I got important Village items as follows:

1. He agrees Fusion Recovery Clinics are needed he is opposed to the Fusion Recovery Clinic at 444 Broadway because the clinic is going to create Health, Welfare, Public Security, Environment and Quality of Life problems to our Village.  Therefore, Menands will not be the best place for this Fusion Recovery Clinic.
2. It has been 3 months since I reported the metal streetlight marker No 67 on Broadway is still not being lighted up during nighttime.
3. He removed a large tree branch from Menand Road alone.  A couple hours later it had been removed he would like to thank the guy for doing his job.
4. He observed the signal light at Broadway and Brookside Avenue is not working properly he reported it to the Menands Police.
5. He hopes to be the official grounds keeper for the Menands Little League again in 2024.
6. I like to thank Menands Police for issuing me a police report so he will be able to report an accident to DMV he was involved in through no fault of his own.
7. He supports the Village buying a new dump truck so the DPW guys can do their jobs efficiently.
8. The Village need to have some Streets repaired as follows:
   1. North end of Villa Road where it meets Menand Road
   2. Parts of Menand and Clifford Roads
   3. Tillinghast Avenue with 1 large bump and 1 rut
   4. North South part of Oakwood Avenue
9. Irving Place
10. On the last day of June, he was at Ganser Smith Park a DPW worker was mowing, he would like to thank him for doing an excellent job.  It looks much better.
11. Reported the traffic light at Broadway and Brookside was not working properly.

Resident Charles Ansert asked the Board if Local Law #7 will affect Fusion? A discussion followed.

Mike Mackay asked if the Financial Reviews could be done monthly?  A discussion followed.

Resident Charles Ansert asked if the Board would consider Best Neighbor Practice?  A discussion followed.

Resident Bill Nevins asked if the Village has received any further letters from Fusion?  A discussion followed.

Resident Laura Harbour asked for clarification on the new local Law # 7.  A discussion followed.

Resident Bill Nevins asked if the new Local Law # 7 will stop Fusion?  A discussion followed.

Resident Steve Boulet asked if the property maintenance can be enforced?  A discussion followed. Would the alternate parking be enforced within the whole Village.  A discussion followed.  He asked about an update of Regeneron. A discussion followed.

Resident Harbour asked if the streetlight in front of her home will be removed.  A discussion followed.

Judge Chris Flint introduce Mike DeVoe to the Village Board as the new Deputy Court Clerk who started on Friday July 14, 2023.  The Board welcomed Mike and wished him much success.

Matt Rodgers and Tom Bates from LaBella led a discussion regarding the South End Water and Sanitary System Improvements Project. Discussion followed.

Resolution Number 240022

After discussion, Trustee Lane read the following resolution:

Whereas, the South End Water and Sanitary System Improvements Project (Project) is being
funded through the New York State Environmental Facilities Corporation (NYSEFC) State
Revolving Fund (SRF) program, DWSRF #18333 (Water) and CWSRF #5648-01-00 (Sewer);
and

Whereas, the Project involves replacement of water and sewer infrastructure throughout the
Village’s South End Neighborhood; and

Whereas, LaBella presently has a Professional Services Agreement (PSA) with the Village,
dated November 15, 2021, for design phase services for this Project, which is in conformance
with NYSEFC SRF requirements, terms, and conditions; and

Whereas, the design phase is nearing completion and the next phase for professional services
will be bidding, contract award, and construction phase services; and

Whereas, LaBella submitted to the Village Board for review and approval, a Proposal for
Professional Services, dated May 31, 2023, for Bidding, Contract Award, &amp, Construction Phase
Services; and

Whereas, LaBella submitted to the Village Board a Professional Services Change Order (PSCO)
dated July 14, 2023, as an Amendment to the PSA, whereby the PSA and NYSEFC SRF
requirements, terms, and conditions apply to the PSCO; and

Whereas, the Village Board has reviewed the Proposal and PSCO; and

Now Therefore Be It Resolved that the Menands Village Board hereby approves the Proposal.
for Professional Services, dated May 31, 2023, by LaBella for Bidding, Contract Award, & amp.
Construction Phase Services; and

Further, the Menands Village Board authorizes the mayor to execute the PSCO dated July 14,
2023 with LaBella for Bidding, Contract Award, and Construction Phase Professional Services,
seconded by Trustee Harris.

ADOPTED:

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

Matt Rodgers and Tom Bates from LaBella led a discussion regarding the South End Water & Sanitary Sewer Improvements Contract 2 – Water Transmission Main Valve Bid Results and Recommendation of Award. Discussion followed.

July 12, 2023

Brian Marsh, Mayor
Village of Menands
280 Broadway
Menands, New York 12204
Re: Village of Menands
South End Water & Sanitary Sewer Improvements
Contract 2 – Water Transmission Main Valve
Bid Results and Recommendation of Award
DWSRF #18333 (Water)
LaBella Project #2220974.06
Dear Mayor Marsh:
Bids for the above referenced contract were publicly opened and read aloud at Village Hall on June 29,
2023 with the following results:
1. Constantine Construction, Inc.: $292,281.60.
2. William J Keller & Sons Construction Corporation: $373,750.00.
3. W.M. Schultz Construction, Inc.: $441,000.00.
The apparent low bidder is Constantine Construction, Inc., 564 Albany Shaker Road, Loudonville, NY
12211. We have reviewed their references and qualifications and find that they are qualified to complete the work under this contract. Based on our review, we recommend that the Village Board pass a resolution to award the bid for Contract 2 – Water Transmission Main Valve in the amount of $292,281.60 to Constantine Construction, Inc. as the lowest responsible bidder.
Please send us a copy of the passed resolution and we will notify the contractor of the award and proceed with implementing the contract execution.
Please feel free to contact me at 518-928-8474 or email me at email hidden; JavaScript is required if you have any
questions or need anything further.

Sincerely,
A. Thomas Bates, PE
Senior Project Engineer

Resolution Number 240023

After a discussion Trustee Harris made a motion to approve the replacement of the Water Transmission Main Valve and to award the Bid to Constantine Construction, Inc. at a cost of $292,281.60, second by Trustee Harbour.

ADOPTED:

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

Matt Rodgers from LaBella advised the Board that Albany County Planning Board a Public Hearing have reviewed Local Laws 5 &6 of 2023 was held and ready to be approved.

Resolution Number 240024

Resolution of the Menands Village Board
Issuing SEQRA Neg. Dec. & Adopting Local Law #5 of 2023, A Local Law Amending
Chapter 169, “Zoning” of the Menands Village Code by Adding Schedule 4. Frontage

Trustee Kalogridis entered the following resolution:

WHEREAS, Local Law #5 of 2023 was introduced to the Menands Village Board on May
1, 2023 and scheduled a public hearing for May 15, 2023; and

Whereas, on May 9, 2023, the Menands Village Board forwarded the public hearing
notice to the clerks of the Town of Colonie and City of Albany, pursuant to New York
State Village Law § 7-706; and

Whereas, on May 9, 2023, the Menands Village Board forwarded Local Law #5 of 2023
to the Albany County Planning Board pursuant to General Municipal Law §§ 239-l and
239-m; and

Whereas, on May 15, 2023, the Menands Village Board conducted a public hearing with no
comments provided; and

Whereas, on June 15, 2023, Albany County Planning Board found that the Proposed
Project will not result in a significant countywide or intermunicipal impact; and

Whereas, the Menands Village Board has reviewed Parts 1 and 2 of the Full
Environmental Assessment Form, as required for SEQRA review; and

Whereas, the Menands Village Board has sole decision-making authority for the
adoption of Local Law #5 of 2023, and therefore declares itself Lead Agency for the
purposes of SEQRA review; and

Whereas, the Menands Village Board has determined that no significant adverse
environmental impacts are anticipated as a result of the adoption of Local Law #5 of
2023, and issues a Negative Declaration; and

Whereas, Local Law #5 of 2023 has been on the desks of the members of the Menands
Village Board at least seven (7) days, exclusive of Sunday.

Now, Therefore Be It Resolved that:
1. Section 1. Village Board of the Village of Menands adopts attached Local Law 5 of
2023, “A Local Law Amending Chapter 169, ‘Zoning’ of the Menands Village Code
by Adding Schedule 4. Frontage Types;” and
2. Section 2. The Menands Village Clerk is hereby directed to enter said Local Law in
the minutes of this meeting, shall file the Local Law with the Secretary of State,
shall publish a summary once in the official newspaper, and post a copy of the
Local Law at or near the main entrance to the office of the Village Clerk, second by Trustee Lane.

ADOPTED:

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

Resolution Number 240025

Resolution of the Menands Village Board
Issuing SEQRA Neg. Dec. & Adopting Local Law #6 of 2023, “A Local Law Amending the
Menands Village Code by Repealing Chapter 30, ‘Planned Development Districts’.
Chapter 100, ‘Gasoline Stations’; Chapter 140, ‘Site Plan Review’; and Chapter A172,

Trustee Kalogridis entered the following resolution:

WHEREAS, Local Law #6 of 2023 was introduced to the Menands Village Board on May
1, 2023 and scheduled a public hearing for May 15, 2023; and

Whereas, on May 9, 2023, the Menands Village Board forwarded the public hearing
notice to the clerks of the Town of Colonie and City of Albany, pursuant to New York
State Village Law § 7-706; and

Whereas, on May 9, 2023, the Menands Village Board forwarded Local Law #6 of 2023
to the Albany County Planning Board pursuant to General Municipal Law §§ 239-l and
239-m; and

Whereas, on May 15, 2023, the Menands Village Board conducted a public hearing with no
comments provided; and

Whereas, on June 15, 2023, Albany County Planning Board found that the Proposed
Project will not result in a significant countywide or intermunicipal impact; and

Whereas, the Menands Village Board has reviewed Parts 1 and 2 of the Full
Environmental Assessment Form, as required for SEQRA review; and

Whereas, the Menands Village Board has sole decision-making authority for the
adoption of Local Law #6 of 2023, and therefore declares itself Lead Agency for the
purposes of SEQRA review; and

Whereas, the Menands Village Board has determined that no significant adverse
environmental impacts are anticipated as a result of the adoption of Local Law #6 of
2023, and issues a Negative Declaration; and

Whereas, Local Law #6 of 2023 has been on the desks of the members of the Menands
Village Board at least seven (7) days, exclusive of Sunday.

Now, Therefore Be It Resolved that:
1. Section 1. Village Board of the Village of Menands adopts attached Local Law 6 of
2023, “A Local Law Amending the Menands Village Code by Repealing Chapter
30, ‘Planned Development Districts’; Chapter 100, ‘Gasoline Stations’; Chapter
140, ‘Site Plan Review’; and Chapter A172, ‘Site Plan Review Regulations’”; and
2. Section 2. The Menands Village Clerk is hereby directed to enter said Local Law in
the minutes of this meeting, shall file the Local Law with the Secretary of State,

Resolution of the Menands Village Board

Issuing SEQRA Neg. Dec. & Adopting Local Law #6 of 2023, “A Local Law Amending the
Menands Village Code by Repealing Chapter 30, ‘Planned Development Districts’.
Chapter 100, ‘Gasoline Stations’; Chapter 140, ‘Site Plan Review’; and Chapter A172,
shall publish a summary once in the official newspaper, and post a copy of the
Local Law at or near the main entrance to the office of the Village Clerk, second by Trustee Harbour.

ADOPTED:

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

Mayor Marsh advised the Board he is tabling the tree removal at Ganser Smith Park due to having to change the scope of work and Mike Hagmann and the Mayor will be meeting with the tree company on Thursday.

A discussion was held regarding the Hours of Operation for the 90 Broadway Dispensary.

The Clerk led a discussion regarding renewing Workers Comp coverage with Comp Alliance. Discussion followed.

Resolution Number 240026

After a discussion Trustee Harris made a motion to approve Comp Alliance for Workers Comp Insurance for the Village of Menands, second by Trustee Lane.

ADOPTED:

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

The Clerk advised that concerts in the park and Food Truck Festival are a success and that there will be more food trucks this week and in the following weeks.

Mayor Marsh advised the Board at the next meeting that a Nuisance Alarm Local Law will be introduced.

Mayor Marsh advised the Board he has approached Karyn Long asking for summer help to run the Concession Stand during the Adult Kickball League.  They would need someone 8 hours a week for 8 weeks.

A discussion followed.

Resolution Number 240027

After a discussion Trustee Harbour made a motion to approve summer help for 8 hours a week for 8 weeks for Adult Kickball League, seconded by Trustee Kalogridis.

ADOPTED:

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

At 7:17 P.M. Trustee Harris made a motion to enter into Executive Session to discuss a legal 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 reconvened at 8:06 P.M

A motion was made by Trustee Harris to adjourn the meeting, seconded by Trustee Lane.

ADOPTED:

Trustee Foley voting AYE
Trustee Lane voting AYE
Trustee Marsh voting AYE
Mayor Grenier voting AYE

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

_________________
Donald Handerhan
Village Clerk

 

 

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