Mayor Megan Grenier called the regular semi-monthly meeting of the Board of Trustees for the Village of Menands to order on Monday, May 1st, 2023, at 6:00 P.M.

PRESENT:
Megan Grenier, Mayor
Diane Foley, Trustee
Seth H. Harris, Trustee
Timothy Lane, Trustee
Brian Marsh, Trustee
Donald Handerhan, Village Clerk
William T. Smith, Jr., Village Treasurer
Nicole Ognan, Deputy Clerk/Treasurer
Stephen Rehfuss, Village Attorney
Ryan St. Gelais, Police Chief
David Ognan, Fire Chief
Kevin Schwebki, Police Lt.

Also attending:  Charles Ansert, Matt Rogers, Bill Garvey, Steve Boulet, Nicholas Kalogridis, Bill Nevins, Molly Harbour, Ron Mattice, Catherine Mattice, Lisa Neuman, Loretta Belmonte, Harry Harbour, Dave Teitsch, Kristen Winner, Luigi Palleschi, Mike Steurer, Paul Harbour, Linday Lapari, Alison Luke, Bryane Lemyre, Mike M, Nicole LaRochelle, James Aram, Kerry Wroblewski, Elizabeth Salvin, Alison Walden, Johanna Clarke, Kelly Lamgre, Tara Donidio.

The mayor led the Pledge of Allegiance.

The mayor opened the Public Hearing regarding the imposition of Utility Gross Receipts Tax at 6:00 P.M.
The Clerk read the following notice:

There will be a Public Hearing held on Monday, May 1, 2023, at 6:00 P.M. regarding Local Law #4 of 2023 the imposition of Utility Gross Receipts Tax by the Board of Trustees of the Village of Menands. All are encouraged to attend and comment at or to present comments in writing to Clerk Handerhan before noon on May 1, 2023, at email hidden; JavaScript is required. Such public hearings are open to the public and accessible to the handicapped. 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#
The regular Board meeting to follow.‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬

Local Law 4 of 2023

Article VIII – Utility Tax
§ 153-23 Imposition of tax.
Pursuant to the authority granted by § 5-530 of the Village Law of the State of New York, a tax equal to 1% of its gross income from and after the first day of May 2023, is hereby imposed upon every utility doing business in the Village of Menands, which is subject to the supervision of the State Department of Public Service and which has a gross income for the 12 months ending December 31 in excess of $500, except motor carriers or brokers subject to such supervision under § 240 of the Transportation Law and a tax equal to 1% of its gross operating income from and after the first day of May 2023, is hereby imposed upon every utility doing business in the Village of Menands which has a gross operating income for the 12 months ending December 31 in excess of $500, which taxes shall have application only within the territorial limits of the Village of Menands and shall be in addition to any and all other taxes and fees imposed by any other provision of law. Such taxes shall not be imposed on any transaction originating or consummated outside of the territorial limits of the Village of Menands, notwithstanding that some act is necessarily performed with respect to such transaction within such limits.

§ 153.24 Definitions.
As used in this article, the following terms shall have the meanings indicated:

GROSS INCOME

Includes receipts received in or by reason of any sale, conditional or otherwise (except sales hereinafter referred to with respect to which it is provided that profits from the sale shall be included in gross income), made or service rendered for ultimate consumption or use by the purchaser in the Village of Menands, including cash, credits and property of any kind or nature (whether or not such sale is made or such service is rendered for profit), without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service or other costs, interest or discount paid or any other expense whatsoever; provided, however, that “gross income” with respect to the sale of telephony or telegraphy or the furnishing of telephone or telegraph service shall include receipts received in or by reason of all sales made or service furnished in the Village of Menands (whether or not for ultimate consumption or use by the purchaser); but if telephony, including carrier access service, or telegraphy which is sold in the Village of Menands by a utility or telephone service, including carrier access service, or telegraph service which is furnished in the Village of Menands by a utility is then resold by the purchaser with respect to such a sale, there shall be allowed a deduction from the receipts of such purchaser from the resale of the amount paid to his seller or furnisher for such telephony or telegraphy or telephone or telegraph service. For the purpose of such deduction, the fact that an interexchange carrier that has purchased carrier access service for resale is not able to specifically identify and separate the portion of such service which was actually resold in a particular sale of telephone service to its customers shall not be grounds to disallow such deductions. “Gross income” also includes profits from the sale of securities; also profits from the sale of real property growing out of the ownership or use of or interest in such property; also profits from the sale of personal property (other than property of a kind which would properly be included in the inventory of the taxpayer if on hand at the close of the period for which a return is made); also receipts from interest, dividends, and royalties derived from sources within the Village of Menands other than such as are received from a corporation, a majority of whose voting stock is owned by the taxpaying utility, without any deduction therefrom for any expenses whatsoever incurred in connection with the receipt thereof; also profits from any transaction (except sales for resale and rentals) within the Village of Menands whatsoever.

GROSS OPERATING INCOME

Includes receipts received in or by reason of any sale, conditional or otherwise, made for ultimate consumption or use by the purchaser of gas, electricity, steam, water, refrigeration, telephony or telegraphy or in or by reason of the furnishing for such consumption or use of gas, electric, steam, water, refrigeration, telephone or telegraph service in the Village of Menands, including cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of material used, labor or services or other costs, interest or discount paid or any other expenses whatsoever; provided, however, that “gross operating income” with respect to the sale of telephony or telegraphy or the furnishing of telephone or telegraph service shall include receipts received in or by reason of all sales made or service furnished in the Village of Menands (whether or not for ultimate consumption or use by the purchaser); but, if telephony, including carrier access service, or telegraphy which is sold in the Village of Menands by a utility or telephone service, including carrier access service, or telegraph service which is furnished in the Village of Menands by a utility is then resold by the purchaser with respect to such a sale, there shall be allowed a deduction from the receipts of such purchaser from the resale of the amount paid to his seller or furnisher for such telephony or telegraphy or telephone or telegraph service. For the purpose of such deduction, the fact that an interexchange carrier which has purchased carrier access service for resale is not able to specifically identify and separate the portion of such service which was actually resold in a particular sale of telephone service to its customers shall not be grounds to disallow such deductions.

INTEREXCHANGE CARRIER

Includes any seller of telephone service between two or more exchanges that qualifies as a common carrier within the meaning of Subsection H § 153 of Title 47 of the United States Code or, if performing intrastate telephone service only, that would otherwise qualify but for the fact that it was not engaged in providing interstate or foreign telephone service.

PERSON

Persons, corporations, companies, associations, joint-stock associations, co-partnerships, estates, assignees of rents, any person acting in a fiduciary capacity or any other entity and persons, their assignees, lessees, trustees, or receivers appointed by any court whatsoever or by any other means except the state, municipalities, political and civil subdivisions of the state or municipality, public districts and corporations and associations organized and operated exclusively for religious, charitable or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual.

UTILITY

Includes every utility subject to the supervision of the State Department of Public Service, except utilities engaged in the business of operating on the public highways of the Village of Menands one or more omnibuses having a seating capacity of more than seven utilities and utilities engaged in the business of operating or leasing sleeping and parlor railroad cars or of operating railroads other than street surface, rapid transit, subway, and elevated railroads; and also includes every utility (whether or not such utility is subject to such supervision) who sells gas, electricity, steam, water, refrigeration, telephony or telegraphy delivered through mains, pipes or wires or who furnishes gas, electric, steam, water, refrigerator, telephone or telegraph service by means of mains, pipes or wires, regardless of whether such activities are the main business of such utility or are only incidental thereto or whether use is made of the public streets.

§ 153.25 Maintenance of records.
Every utility subject to tax under this Article shall keep such records of its business and in such form as the Village Treasurer may require, and such records shall be preserved for a period of three years, except that the Village Treasurer may consent to their destruction within that period or may require that they be kept longer.

§ 153.26 Filing of returns.
Every utility subject to tax hereunder shall file, on or before March 15 of each year, a return for the year ended on the preceding December 31, including any period for which the tax imposed hereby or by any amendment hereof is effective. Every return shall state the gross income or gross operating income for the period covered thereby. Returns shall be filed with the Village Treasurer on a form to be furnished by him for such purpose and shall contain such other data, information, or matter as he may require to be included therein. The Village Treasurer, in order to ensure payment of the tax imposed, may require at any time a further or supplemental return, which shall contain any data that may be specified by him; and he may require any utility doing business in the Village of Menands to file an annual return, which shall contain any data specified by him, regardless of whether the utility is subject to tax under this Article. Every return shall have annexed thereto an affidavit of the head of the utility making the same or of the owner or of a copartner thereof or of a principal officer of the corporation, if such business is conducted by the corporation, to the effect that the statements contained therein are true.

§ 153.27 Tax payable with return.
At the time of filing a return as required by this Article, each utility shall pay to the Village Treasurer the tax imposed by this Article for the period covered by such return. Such tax shall be due and payable at the time of filing the return or, if a return is not filed when due, on the last day on which the return is required to be filed.

§ 153.28 Failure to submit an acceptable return.
A. In case any return filed pursuant to this Article shall be insufficient or unsatisfactory to the Village Treasurer and if a corrected or sufficient return is not filed within 20 days after the same is required by notice from the Village Treasurer or if no return is made for any period, the Village Treasurer shall determine the amount of tax due from such information as he is able to obtain and, if necessary, may estimate the tax on the basis of external indexes or otherwise. The Village Treasurer shall give notice of such determination to the person liable for such tax. Such determination shall finally and irrevocably fix such tax, unless the person against whom it is assessed shall, within one year after the giving of notice of such determination, apply to the Village Treasurer for a hearing or unless the Village Treasurer, of his own motion, shall reduce the same. After such hearing, the Village Treasurer shall give notice of his decision to the person liable for the tax. Any final determination of the amount of any tax payable hereunder shall be reviewable for error, illegality or unconstitutionality or any other reason whatsoever by a proceeding under Article 78 of the Civil Practice Laws and Rules, if application therefor is made to the Supreme Court within 90 days after the giving of the notice of such final determination; provided, however, that any such proceeding under said Article 78 shall not be instituted unless the amount of any tax sought to be reviewed, with such interest and penalties hereon as may be provided for by local law, ordinance or resolution, shall be first deposited and an undertaking filed in such amount and with such sureties as a Justice of the Supreme Court shall approve, to the effect that if such proceeding is dismissed or the tax confirmed, the petitioner will pay all costs and charges which may accrue in the prosecution of such proceeding.
B. Except in the case of a willfully false or fraudulent return with intent to evade the tax, no assessment of additional tax shall be made after the expiration of more than three years from the date of filing of a return; provided, however, that where no return has been filed as required by this Article, the tax may be assessed at any time.

§ 153.29 Available remedies.
The same remedies shall be available for the recovery of any tax or penalty imposed by this Article as are available for the other taxes and penalties imposed by law.

§ 153.30 Giving of notice.
Any notice authorized or requested under the provisions of this Article may be given by mailing the same to the utility for whom it is intended, in a postpaid envelope, addressed to such utility at the address given by him in the last return filed by him under this Article, or, if no return has been filed, then to such address as may be obtainable. The mailing of such notice shall be presumptive evidence of the receipt of the same by the utility to whom addressed. Any period of time which is determined according to the provisions of this Article by the giving of notice shall commence to run from the date of mailing of such notice.

§ 153.31 Penalties for failure to pay tax.
Any utility failing to file a return or corrected return or to pay any tax or any portion thereof within the time required by this Article shall be subject to a penalty of 5% of the amount of tax due, plus 1% of such tax for each month of delay or fraction thereof, except the first month, after such return was required to be filed or such tax became due; but the Village Treasurer, for cause shown, may extend the time for filing any return and, if satisfied that the delay was excusable, may remit all or any portion of the penalty fixed by the foregoing provisions of this section.

§ 153.32 Refunds.
If, within one year from the giving of notice of any determination or assessment of any tax or penalty, the utility liable for the tax shall make an application for a refund thereof and the Village Treasurer or the court shall determine that such tax or penalty or any portion thereof was erroneously or illegally collected, the Village Treasurer shall refund the amount so determined. For like cause and within the same period, a refund may be so made on the initiative of the Village Treasurer. However, no refund shall be made of a tax or penalty paid pursuant to a determination of the Village Treasurer as hereinbefore provided unless the Village Treasurer, after a hearing as hereinbefore provided or of his own motion, shall have reduced the tax or penalty or it shall have been established in a certiorari proceeding that such determination was erroneous or illegal. All refunds shall be made out of moneys collected under this Article, deposited to the credit of the Village Treasurer, with the approval of the Village Treasurer. An application for a refund, made as hereinbefore provided, shall be deemed an application for the revision of any tax or penalty complained of, and the Village Treasurer may receive additional evidence with respect thereto. After making his determination, the Village Treasurer shall give notice thereof to the utility interested. Where any tax imposed hereunder shall have been erroneously, illegally, or unconstitutionally collected and application for the refund thereof duly made to the proper fiscal officer or officers and such officer or officers shall have made a determination denying such refund, such determination shall be reviewable by a proceeding under Article 78 of the Civil Practice Laws and Rules; provided, however, that such proceeding is instituted within 90 days after the giving of the notice of such denial, that a final determination of tax due was not previously made and that an undertaking is filed with the proper fiscal officer or officers in such amount and with such sureties as a Justice of the Supreme Court shall approve, to the effect that if such proceeding is dismissed or the tax confirmed, the petitioner will pay all costs and charges which may accrue in the prosecution of such proceeding.

§ 153.33 Tax to be part of operating cost.
The tax imposed by this Article shall be charged against and be paid by the utility and shall not be added as a separate item to bills rendered by the utility to customers or others but shall constitute a part of the operating costs of such utility.

§ 153.34 Action to enforce payment.
Whenever any utility shall fail to pay any tax or penalty imposed by this Article, the Village Attorney shall, upon the request of the Village Treasurer, bring an action to enforce payment of the same. The proceeds of any judgment obtained in any such action shall be paid to the Village Treasurer. Each such tax and penalty shall be a lien upon the property of the utility liable to pay the same, in the same manner, and to the same extent that the tax and penalty imposed by § 186-a of the Tax Law is made a lien.

§ 153.35 Administration.
In the administration of this Article, the Village Treasurer shall have the power to make such reasonable rules and regulations, not inconsistent with law, as may be necessary for the exercise of his powers and the performance of his duties and to prescribe the form of blanks, reports and other records relating to the administration and enforcement of the tax, to take testimony and proofs, under oath, with reference to any matter within the line of his official duty under this Article and to subpoena and require the attendance of witnesses and the production of books, papers, and documents.

§ 153.36 Disposition of moneys.
All taxes and penalties received by the Village Treasurer under this Article shall be paid into the treasury of the Village and shall be credited to and deposited in the general fund of the Village.

§ 153.37 Remedy provisions to be exclusive.
The remedy provided by this Article for review of a decision of the Village Treasurer shall be the exclusive remedy available to any taxpayer to judicially determine the liability of such taxpayer for taxes under this Article.

Bill Garvey agrees with Local Law # 4.
Charles Ansert asked how much revenue the Village expects to receive.
Based on what other villages receive, Deputy Clerk/Treasurer Ognan estimates the Village could receive between 40 – 60 thousand dollars.
Trustee Lane asked what happens after the law is passed.
Deputy Clerk/Treasurer Ognan explained the next steps.
After answering all questions, the mayor closed the Public Hearing at 6:07 P.M. PM.

Open Forum:

To: All Menands Village Board Members
From: Bill Garvey, Jr.

I got important Village items of concern as follows:

1. Requesting Village get DOT to install directional light signals for left turns from Broadway to Menand & Market Roads.
2. Requesting DPW to remove a tree blocking stop sign on Railroad Avenue.  When will the job be done?
3. Requesting DPW remove the tree from Menand Rd & Broadway its block crosswalk signal.
4. He supports offering solar energy to all residents, and biogas and biofuel oil to heat their homes.
5. Concerned with crows being fed, he feels if caught they should be slapped with fines, surcharges, and community service.
6. He is happy to hear a tenant will be moving into building no. 8 at the Farmers Market, however, he feels the building needs some rehabilitation work.
7. He’s concerned with motorist parking in fire lanes or parking less than 15’ from hydrants.  He would like to see the motorist receive community service as well as fines.
8. He was happy with the village streets being paved or repaired in the 2023-2024 budget.
9. The door in the pavilion needs to be refinished.

Resident Dave Teitsch wants to know about Fusion Recovery.

Mayor Grenier explained that Fusion Recover is a Substance Abuse Clinic.  It is not a methadone Clinic patients must have an appointment they are drug tested, they meet with doctors, psychologists, and other staff.  They may receive meds to assist with their recovery.  Fusion Recovery received the license from OASIS.  A discussion followed.

Resident Loretta Belmonte asked if this was a methadone Clinic.

Mayor Grenier advised they may receive meds.  A discussion followed.
Resident Steve Boulet explained how clinics work.  A discussion followed.

Resident Kristen Winner asked about who owns trees on Jones Court.  A discussion followed.

Dave Teitsch asked if anything can be done about residents feeding wildlife.  A discussion followed.

Resident John Stangle asked if the Village is going to paint the Village-owned streetlights.  A discussion followed.

Resident Bill Nevins asked does the Village Board has a position on Fusion Recovery.

Mayor Grenier stated the Board has discussed it but there was no position taken.  A discussion followed.

Resolution Number 230192

Trustee Marsh made a motion to accept the minutes for the April 17th, 2023, Board Meeting, seconded by Trustee Harris.

ADOPTED:

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

Resolution Number 230193

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

WARRANT # 22x:

GENERALtotaling$     55,982.55

WARRANT # 22XX:

GENERAL totaling $           227.60

WARRANT # 23:

GENERAL totaling $  64,117.36
WATER totaling $  37,626.99
SEWER                               totaling $  30,878.28
TOTALS $132,622.63

PAYROLL # 24: totaling $107,974.32
(04/21/23-05/04/23)

PARK REFUNDS:
Menands Public Library $         50.00
Menands Fire Department $       150.00
Menands Seniors $         50.00
TOTALS $       250.00

ADOPTED:

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

Resolution Number 230194

A motion was made by Trustee Marsh, 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.1110.0403  CourtTo Acct:A.1110.0401  Court
DescriptionPostageSupplies
$555.00 $450.00
Ink Cart, etc.

From Acct:  “To Acct:A.1110.0402  Court
Description”Printing & Books
Amount:”$105.00
Traffic Laws

From Acct:  A.1325.0404  ClerkTo Acct:A.1410.0104  Clerk
DescriptionMiscellaneousP/T – O/T
Amount:$200.00 $200.00
Misc duties

From Acct:  A.3120.0104  PoliceTo Acct:A.3120.0153  Police
DescriptionParttime PatrolmanTelecommunicator O/T
Amount:$14,600.00 $1,250.00
No P/T available

From Acct:  “To Acct:A.3120.0201  Police
Description”Computer and Software
Amount:”$200.00
software

From Acct:  “To Acct:A.3120.0208  Police
Description”Equip/Misc
Amount:”$7,150.00
Bullet Proof Vests

From Acct:  “To Acct:A.3120.0405  Police
Description”Insurance
Amount:”$1,275.00
Drone Insurance -due 6/1/23

From Acct:  “To Acct:A.3120.0418  Police
Description”Uniform Allow
Amount:”$4,725.00
Dress Coats

From Acct:  A.3120.0108 PoliceTo Acct:A.3120.0105  Police
DescriptionLieutenantOvertime
Amount:$12,000.00 $12,000.00
No Pt available

From Acct:  A.3410.0419  FireTo Acct:A.3410.0208 Fire
DescriptionVehicle MtceEquip Misc
Amount:$3,570.00 $1,050.00
Misc – new truck

From Acct:  “To Acct:A.3410.0404  Fire
Description”miscellaneous
Amount:”$2,125.00
Re-letter Truck

From Acct:  “To Acct:A.3410.0405  Fire
Description”Insurance
Amount:”$75.00
New Trk

From Acct:  “To Acct:A.3410.0417  Fire
Description”Gas & Oil
Amount:”$320.00

From Acct:  A.6989.0100  Economic OpportTo Acct:A.6989.0400  Economic Opport
DescriptionPersonnel SvcsEcon Opport
Amount:$400.00 $400.00
Web Site work

From Acct:  A.7310.0401  YouthTo Acct:A.7310.0100  Youth
DescriptionSuppliesPersonal Svcs  – Easter
Amount:$75.00 $75.00
Budget short

From Acct:  A.9010.0801  State RetirementTo Acct:A.8010.0100  Zoning
DescriptionPersonal Svcs
Amount:$1,100.00 $1,050.00
Zoning Hearings

From Acct:  “To Acct:A.8010.0100  Zoning
Description”Legal Notices
Amount:”$50.00
Zoning Hearings

From Acct:  A.9040.0804  Workers CompTo Acct:A.9089.0800 Other empl Bene
DescriptionVillage emplCompensated Absences
Amount:$5,000.00 $5,000.00
Westfall, Connors, Benoit

From Acct:  A.9040.0804  Workers CompTo Acct:A.9089.0800 Other empl Bene
DescriptionVolunteer FiremenCompensated Absences
Amount:$1,100.00 $1,100.00
Lyons

WATER FUND

From Acct:  F.1990.0400To Acct:F.8310.0412  Administration
DescriptionContingent AcctLight Power & Gas
Amount:$2,000.00 $2,000.00
Budget Shortfall

SEWER FUND

From Acct:  G.1990.0400To Acct:G.8130.0400 County Sewer
DescriptionContingent AcctAssessment
Amount:$23,800.00 $23,800.00
Budget Short

ADOPTED:

Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Mash voting AYE
Mayor Grenier voting AYE

Resolution Number 230195

The Treasurer requests the Board amend the 2022-2023 Fiscal Year Budget to cover the costs of the new position of Fire Inspector as it was not anticipated when the budget was developed.  He requests that Account A.3620.0162 be increased by $8000, to cover the costs of the Fire Inspector for the remaining time in this fiscal year.  After a discussion, Trustee Marsh moved 2nd by Trustee Foley the following, A resolution authorizing the Treasurer to amend the 2022-2023 fiscal Year Budget by $8000 to account A.3620.0162 Fire Inspector.

ADOPTED:

Trustee Foley Voted – Aye
Trustee Harris Voted – Aye
Trustee Lane Voted – Aye
Trustee Marsh Voted – Aye
Mayor Grenier Voted – Aye
Luigi A. Palleschi, P.E., of ABD Engineers, gave a presentation regarding the final Site Plan for 37 Simmons Lane. Discussion followed.

Resolution Number 230196

Trustee Marsh entered the following resolution Final Site Plan approval of 37 Simmons Lane with conditions:
Whereas, the Applicant, Two Girls, and a Guy II, LLC, is requesting site plan approval from the Village Board of Menands to construct two new 28-foot-tall office/warehouse buildings (Building 1, 45,500± square feet (sf) and Building 2, 35,100± sf) on a 24.1-acre property, located at 37 Simmons Lane (Tax Map ID 55.17-3-4.1); and
Whereas, the proposed project also includes associated parking, utilities, and landscaping and will physically disturb 7.9± acres; and
Whereas, the project includes the construction of Building 1 to be occupied by a single building construction services user and Building 2 to be occupied by multiple warehouses for light industrial use, light manufacturing/assembly use, construction materials, and distribution of parts or finished products; and
Whereas, the proposed buildings will be one-story, steel frame metal buildings that are approximately 28 FT high and will also include truck docks and at-grade overhead doors on the south side of the buildings with a total of 99 surface parking spaces. The hours of operation, including loading dock operations, are expected to be 7 am to 7 pm, seven days a week; and
Whereas, the project site is bordered on the north by Simmons Lane, on the west and south by existing wetlands, and on the east by Interstate 787 and is located in the Heavy Industrial (HI) Zoning District where the proposed use is permitted; and
Whereas, the project entails filling in a portion of a flood zone, and a portion of the 100-foot regulated adjacent area of a New York State Department of Environmental Conservation (NYSDEC) regulated wetland; and
Whereas, water and sewer services are available on Simmons Lane and the Village of Menands and Albany County Wastewater Treatment Plant have capacity to serve the project; and
Whereas, an extension of the waterline will be made for both domestic use and fire protection, two new hydrants will be installed near the buildings per the proposed site plan; and

Whereas, the Village Board issued a Negative Declaration pursuant to the New York State Environmental Quality Review Act (SEQRA) 6 NYCRR Part 617 and gave preliminary Site Plan approval on April 3, 2023, with the following conditions:

• The applicant shall submit documentation from NYSDEC permitting work within the 100-ft wetland adjacent area.
• The applicant shall resolve pedestrian accommodation on-site to the satisfaction of the Village Board.
• The applicant shall execution of a long-term stormwater maintenance agreement.
• The applicant shall resolve all comments received from the Albany County Planning Board at their December 15, 2023, meeting.

Whereas, the Village Board and Village Designated Engineer, LaBella Associates received revised plans dated April 20 and April 28, 2023, addressing the conditions set forth in the April 3, 2023, resolution; and
Now, Therefore Be It Resolved that the Menands Village Board hereby issues Final Site Plan approval with the following conditions:

• The applicant shall submit a copy of the NYSDEC permit for work within the 100-ft wetland adjacent area.
• The applicant shall submit revised plans properly showing the western pedestrian refuge area outside of the storm pond.

And the following conditions:

1. Copy of the NYSDEC Wetlands Permit.
2. Revised full set of plans inclusive of details properly showing the western pedestrian refuge area outside of the storm pond.
3. Estimated project construction schedule.
4. SWPPP reviewed and approved by Village MS4 Officer.
5. Copy of the Stormwater Facility Maintenance Agreement recorded in the office of the Albany County Clerk as a deed restriction.
6. Second by Trustee Harris.

ADOPTED:

Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Mash voting AYE
Mayor Grenier voting AYE

Matt Rogers from LaBella Associates explained that Mohawk Hudson Humane Society at 3 Oakland Avenue wants to build a building for sorting returnable bottles and an addition.  LaBella has reviewed the plans and approved them for Preliminary Site Plan Review.

Resolution Number 230197

Trustee Marsh made a motion to approve the Preliminary Site Plan Review for 3 Oakland Ave., seconded by Trustee Harris.

ADOPTED: 

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

Resolution Number 230198

Tara Donidio, from CDRPC, led a discussion regarding the Village of Menands commitment to be a Climate Smart Community. Discussion followed.

After a discussion, Trustee Marsh entered the following resolution:

ESTABLISHING ENERGY BENCHMARKING REQUIREMENTS FOR
CERTAIN MUNICIPAL BUILDINGS

WHEREAS, buildings are the single largest user of energy in the State of New York.  The poorest performing buildings typically use several times the energy of the highest performing buildings—for the exact same building use; and

WHEREAS, collecting, reporting, and sharing building energy data on a regular basis allows municipal officials and the public to understand the energy performance of municipal buildings relative to similar buildings nationwide, and equipped with this information the Village of Menands is able to make smarter, more cost-effective operational and capital investment decisions, reward efficiency, and drive widespread, continuous improvement; and

WHEREAS, the Village of Menands Board of Trustees desires to use Building Energy Benchmarking – a process of measuring a building’s energy use, tracking that use over time, and comparing performance to similar buildings – to promote the public health, safety, and welfare by making available good, actionable information on municipal building energy use to help identify opportunities to cut costs and reduce pollution in the Village of Menands; and

WHEREAS, the Village of Menands Board of Trustees desires to establish procedure or guideline for Village of Menands staff to conduct such Building Energy Benchmarking; and

NOW THEREFORE, IT IS HEREBY RESOLVED AND DETERMINED, that the following specific policies and procedures are hereby adopted;

BUILDING ENERGY BENCHMARKING POLICY/PROCEDURES

§1.  DEFINITIONS 
(A) “Benchmarking Information” shall mean information generated by Portfolio Manager, as herein defined including descriptive information about the physical building and its operational characteristics.

(B) “Building Energy Benchmarking” shall mean the process of measuring a building’s Energy use, tracking that use over time, and comparing performance to similar buildings.

(C) “Commissioner” shall mean the head of the Department.

(4) “Covered Municipal Building” shall mean a building or facility that is owned or occupied by the Village of Menands that is 1,000 square feet or larger in size.
(5) “Department” shall mean the mayor or his/her designee.

(6) “Energy” shall mean electricity, natural gas, steam, hot or chilled water, fuel oil, or other product for use in a building, or renewable on-site electricity generation, for purposes of providing heating, cooling, lighting, water heating, or for powering or fueling other end-uses in the building and related facilities, as reflected in Utility bills or other documentation of actual Energy use.

(7) “Energy Performance Score” shall mean the numeric rating generated by Portfolio Manager that compares the Energy usage of the building to that of similar buildings.

(8) “Energy Use Intensity (EUI)” shall mean the kBTUs (1,000 British Thermal Units) used per square foot of gross floor area.

(9) “Gross Floor Area” shall mean the total number of enclosed square feet measured between the exterior surfaces of the fixed walls within any structure used or intended for supporting or sheltering any use or occupancy.

(11) “Portfolio Manager” shall mean ENERGY STAR Portfolio Manager, the internet-based tool developed and maintained by the United States Environmental Protection Agency to track and assess the relative Energy performance of buildings nationwide, or successor.

(12) “Utility” shall mean an entity that distributes and sells Energy to Covered Municipal Buildings.

(13) “Weather Normalized Site EUI” shall mean the amount of Energy that would have been used by a property under 30-year average temperatures, accounting for the difference between average temperatures and yearly fluctuations.

§2.  APPLICABILITY 
(1) This policy is applicable to all Covered Municipal Buildings as defined in Section 2 of this policy.

(2) The Commissioner may exempt a particular Covered Municipal Building from the benchmarking requirement if the Commissioner determines that it has characteristics that make benchmarking impractical.

§3.  BENCHMARKING REQUIRED FOR COVERED MUNICIPAL BUILDINGS 
(1) No later than May 31, 2023, and no later than May 31 every year thereafter, the Commissioner or his or her designee from the Department shall enter into Portfolio Manager the total Energy consumed by each Covered Municipal Building, along with all other descriptive information required by Portfolio Manager for the previous calendar year.

(2) For new Covered Municipal Buildings that have not accumulated 12 months of Energy use data by the first applicable date following occupancy for inputting Energy use into Portfolio Manager, the Commissioner or his or her designee from the Department shall begin inputting data in the following year.

§4.  DISCLOSURE AND PUBLICATION OF BENCHMARKING INFORMATION 
(1) The Department shall make available to the public on the internet Benchmarking Information for the previous calendar year:
(a) no later than September 1, 2023, and by September 1 of each year thereafter for Covered Municipal Buildings; and

(2) The Department shall make available to the public on the internet and update at least annually, the following Benchmarking Information:
(a) Summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information; and
(b) For each Covered Municipal Building individually:
(i) The status of compliance with the requirements of this Policy; and
(ii) The building address, primary use type, and gross floor area; and
(iii) Annual summary statistics, including site EUI, Weather Normalized Source EUI, annual GHG emissions, and an Energy Performance Score where available; and
(iv) A comparison of the annual summary statistics (as required by Section 5(2)(b)(iii) of this Policy) across calendar years for all years since annual reporting under this Policy has been required for said building.

§5.  MAINTENANCE OF RECORDS 
The Department shall maintain records as necessary for carrying out the purposes of this Policy, including but not limited to Energy bills and other documents received from tenants and/or Utilities. Such records shall be preserved by the Department for a period of three (3) years.

§6.   ENFORCEMENT AND ADMINISTRATION 
(1) The Commissioner or his or her designee from the Department shall be the Chief Enforcement Officer of this Policy.

(2) The Chief Enforcement Officer of this Policy may promulgate regulations necessary for the administration of the requirements of this Policy.

(3) Within thirty days after each anniversary date of the effective date of this Policy, the Chief Enforcement Officer shall submit a report to the Board of Trustees including but not limited to summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information, a list of all Covered Municipal Buildings identifying each Covered Municipal Building that the Commissioner determined to be exempt from the benchmarking requirement and the reason for the exemption, and the status of compliance with the requirements of this Policy.

§7.  EFFECTIVE DATE 
This policy shall be effective immediately upon passage.

§8.  SEVERABILITY
The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.
Second by Trustee Marsh.

ADOPTED:

Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Mash voting AYE
Mayor Grenier voting AYE

Matt Rodgers from LaBella led a discussion regarding repealing the following Chapters: 140, Site Plan and A172, Site Plan Review Regulations and adding Schedule 4, Frontage Types to the new Chapter 169.

LOCAL LAW NO. 5 OF 2023
VILLAGE OF MENANDS 
A LOCAL LAW AMENDING CHAPTER 169, “ZONING” OF THE MENANDS VILLAGE CODE BY ADDING SCHEDULE 4. FRONTAGE TYPES.

Section 1. Title, Purpose, and Statutory Authority 
A. Title: This Law shall be known as and may be cited as “Schedule 4 Frontage Types.”
B. Purpose: The Village of Menands recently repealed and replaced Chapter 169, “Zoning” through Local Law No. 1-2023. Appropriate references to Schedule 4 are made in Chapter 169, although Schedule 4 was not included in the final version of Local Law No. 1-2023.
C. This local law is enacted pursuant to § 10 of the Municipal Home Rule Law and Article 7 of New York State Village Law.

Section 2. Chapter 169, “Zoning”
Chapter 169, “Zoning” is hereby amended by adding Schedule 4, Frontage Types, in the format attached.

Section 3. 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 4. Effective Date
This local law shall take effect ten (10) days following publication and posting in accordance with Chapter 20, “Adoption of Local Law” of the Menands Village Code, and Village Law § 7-706, and filing of the local law with the Secretary of State in accord with Article 3 of the Municipal Home Rule Law.

ZONING
Chapter 169
Village of Menands
Schedule 4
Frontage Types

a. Common yard: a planted frontage wherein the facade is set back substantially from the frontage line. The front yard created remains unfenced and is visually continuous with adjacent yards, supporting a common landscape: The deep setback provides a buffer from the higher speed thoroughfares.

b. Residential porch and fence: a planted frontage typically found in residential neighborhoods where the facade is set back from the frontage line with an attached porch permitted to encroach. A fence at the frontage line maintains street spatial definition.

c. Terrace or lightwell: a frontage wherein the facade is set back from the frontage line by an elevated terrace or sunken lightwell. This type buffers residential use from urban sidewalks and removes the private yard from public encroachment. Terraces are suitable for conversion to outdoor cafes.

d. Forecourt a frontage wherein the facade is close to the frontage line and the central portion is set back. The forecourt created is suitable for vehicular dropoffs. This type should be allocated in conjunction with other frontage types. Large trees within the forecourts may overhang the sidewalks.

e. Stoop: a frontage wherein the facade is aligned close to the frontage line with the first story elevated from the sidewalk sufficiently to ensure privacy for the windows. The entrance is usually an exterior stair and landing. This type is recommended for ground floor residential use.

f. Shop front: a frontage wherein the facade is aligned close to the frontage line with the building entrance at sidewalk grade. This type is conventional for retail use. It has substantial glazing on the sidewalk level and an awning that should overlap the sidewalk to within two feet of the curb.

g. Cafe front: a frontage where the facade is set back from the frontage line with an awning or fence at the frontage line that maintains the street spatial definition. This type is conventional for seating associated with an outdoor cafe or restaurant.

Resolution Number 230199

Trustee Lane made to hold a Public Hearing regarding Local Law 5 of 2023 A LOCAL LAW AMENDING CHAPTER 169, “ZONING” OF THE MENANDS VILLAGE CODE BY ADDING SCHEDULE 4. FRONTAGE TYPES,
Second by Trustee Marsh.

ADOPTED:

Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Mash voting AYE
Mayor Grenier voting AYE

LOCAL LAW NO. 6 OF 2023
VILLAGE OF MENANDS 
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”.

Section 1. Title, Purpose, and Statutory Authority 
D. Title: This Law shall be known as and may be cited as “Village of Menands Code Recodification 1.”
E. Purpose: The Village of Menands recently repealed and replaced Chapter 169, “Zoning” through Local Law No. 1-2023, which included the incorporation of Chapter 30, “Planned Development Districts”; Chapter 100, “Gasoline stations”; Chapter 140 “site plan review”; and Chapter A172, “Site Plan Review Regulations.” As a result, these chapters are no longer applicable.
F. This local law is enacted pursuant to § 10 of the Municipal Home Rule Law and Article 7 of New York State Village Law.

Section 2. Chapters Being repealed
A. Chapter 30, “Planned Development Districts” is repealed.
B. Chapter 100, “Gasoline Stations” is repealed.
C. Chapter 140, “Site Plan Review” is repealed.
D. Chapter A172, “Site Plan Review Regulations” is repealed.

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 20, “Adoption of Local Law” of the Menands Village Code, and Village Law § 7-706, and filing of the local law with the Secretary of State in accord with Article 3 of the Municipal Home Rule Law.
Public Hearing regarding Local Law 5 of 2023 A LOCAL LAW AMENDING CHAPTER 169, “ZONING” OF THE MENANDS VILLAGE CODE BY ADDING SCHEDULE 4. FRONTAGE TYPES

Resolution Number 230200
169 Schedule 4
After a discussion, Trustee Lane made a motion to hold a public hearing on May 15, 2023, for the purpose of 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 a Local Law amending Chapter 169, “Zoning” of the Menands Village Code by adding Schedule 4, Frontage Types, second by Trustee Marsh.

ADOPTED:

Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Mash voting AYE
Mayor Grenier voting AYE

A discussion was held regarding the High Service Reservoir proposal and rebidding of the project.

Resolution Number 230201

Trustee Harris made a motion to reject all bids for repairs to High Service Reservoir, second by Trustee Foley.

ADOPTED:

Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Mash voting AYE
Mayor Grenier voting AYE

Resolution Number 230202

Trustee Harris made a motion to rebid the repairs to High Service Reservoir, second by Trustee Foley.

ADOPTED:

Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Mash voting AYE
Mayor Grenier voting AYE

Mayor Grenier and Matt Rodgers led a discussion regarding the General Codes Enhanced Graphics proposal for updating Zoning Law in the Village Code.

Resolution Number 230203

Trustee Marsh made a motion to approve the General Codes Enhanced Graphics proposal for updating Zoning Law in the Village Code at a cost of $5,998.00, second by Trustee Lane.

ADOPTED:

Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Mash voting AYE
Mayor Grenier voting AYE

Trustee Marsh requested to table offering Solar Simplified for the residents of Menands until a later date.

Treasurer Smith led a discussion regarding converting to Springbrook Accounting System. Discussion followed.

Resolution Number 230204

After a discussion, Trustee Marsh made a motion to convert the present accounting system to Springbrook not to exceed $56,000.00 using ARPA Funds, second by Trustee Lane.

ADOPTED:

Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Mash voting AYE
Mayor Grenier voting AYE

The mayor led a discussion regarding the need to add additional outlets at the park.

After a discussion, the park outlets were tabled to allow time to obtain two additional quotes.

Resolution Number 230205

Trustee Lane made a motion to approve Local Law #4 of 2023 the imposition of Utility Gross Receipts Tax, second by Trustee Harris.

ADOPTED:

Trustee Foley voting AYE
Trustee Harris voting AYE
Trustee Lane voting AYE
Trustee Mash voting AYE
Mayor Grenier voting AYE

The Clerk advised the Board that he has contacted National Grid regarding converting Village Street Lights to LED.

The Clerk advised the Board there is a delay with getting the rooftop units for the Firehouse, they are expected in the middle of May.

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

ADOPTED:

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

The meeting was duly adjourned at 7:32 P.M.

_____________________
Donald Handerhan
Village Clerk

 

 

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