nextstep Meeting Minutes <span data-mce-type="bookmark" style="display: inline-block; width: 0px; overflow: hidden; line-height: 0;" class="mce_SELRES_start"></span> The regular semi-monthly meeting of the Board of Trustees of the Village of Menands, held on Tuesday, September 5th, 2023, was called to order by Mayor Brian Marsh at 6:00 P.M. PRESENT: Brian Marsh, Mayor Molly Harbour, Trustee Seth H Harris, Trustee Nicholas Kalogridis, Trustee Timothy Lane, Trustee Donald Handerhan, Village Clerk Stephen Rehfuss, Village Attorney Ryan St. Gelais, Police Chief David Ognan, Fire Chief Also Attending: Bill Garvey, Bill Nevins, Mark Carnegie, Sr. Maura Hobart, Laura Kahl, Sr Frederica Dunn, Cindy & Chuck Price, Sr Loretta Hoag, Sr Doris Aura, Katelyn Kelley, Sr Nancy Murphy, Austin Davis, Brendon Davis, Sr Florance Flaherty, Sr Ann Mary Murray, Sr Margret Hohl, Sr Barbra Ann Cierra, Sr Margret McSweeney, Sr Joan Donovan, Sr Teresa George, Danielle Torres, Sr, Christine Mura, Mike & Susan MacKay, Stefen Kalogridis, Roselyn Duval, Virtually: Kathy Mosca, Steve Boulet, Jess Basile, Eva Sullivan, Joe Jenkins, Sr May Francis, Lauren Paulsen, Beth Harbour, Paul Harbour, Faith Calligan, Steve Semel, C Nevins. The mayor stated “Please be advised this meeting is being recorded. Today is Monday September 5, 2023, and it is 6pm, please rise for the Pledge.” The mayor led the Pledge of Allegiance. Mayor Marsh opened the Public Hearing at 6:00 P.M. The Clerk read the following notice: A Public Hearing will be held on Monday, September 5, 2023, at 6:00 P.M. regarding Local Law #7 of 2023 and a continuation of the Public Hearing for 98 Menand Road and 50-56A Clifford Road. Local Law #7 for the Village of Menands Amending Chapter §169, “Zoning” of the Menands Village Code. All are encouraged to attend and comment at or to present comments in writing to Clerk Handerhan before noon on September 5, 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. Donald Handerhan Village Clerk Andy Brick addressed the Board and asked for Site Plan Approval. Dan Herschberg continued the Site Plan for 98 Menand Road and answered all questions. Discussion Followed. Hearing all comments Mayor Marsh closed the Public Hearing for 98 Menand Road at 6:14 PM. Dominic Arico continued the Site Plan for 50-56A Clifford Road and answered all questions. To: Mayor Brian Marsh and Menands Village Board of Trustees From: Rosalynn A. Duvall Date: August 23, 2023 Re: Twelve two-bedroom apartments at 50-56 Clifford Road My name is Rosalynn A. Duvall and I reside at 34 Clifford Road. I have been residing at this address for approximately 10 years and as a resident and parent in this community, I have multiple concerns with this proposal from Davis Properties & Investments, LLC to construct twelve two-bedroom apartments at 50-56 Clifford Road. Under the proposal from Davis Properties & Investments, LLC, 16 additional units will be built with each unit allowing for 2 parking spots. I have attended 2 of the 3 zoning board meetings as well as both Village Public Hearing meeting and it remains unclear of how residents will access their backyards for maintenance and large deliveries. Dominic stated that the property on the side yard of 48 Clifford Road belongs to Davis Properties & Investments, LLC and residents should bring large items through their homes to access their back yard. The side yard at 48 Clifford Road is attached to their home is not owned by Davis Properties & Investments, LLC therefore such a statement is inaccurate. Having lived at the same address for approximately 10 years, no person or entity has made any attempt to maintain the greenspace owned by Davis Properties & Investments, LLC. This area is marked in the still shot from a ring camera attached to the back of my residence. This greenspace has consistently been maintained by the residents in the townhomes between 34 Clifford Road and 48 Clifford Road. As resident of the townhome, to neglect maintaining the green space would decrease the property value of my residence. I have had to remove a tree to prevent damage to the shed on my property. Other residents within this block of townhouses have sustained damage to their sheds from trees located on Davis Properties & Investments, LLC, falling after severe storms. I bring this to your attention to illustrate a complete disregard from Davis Properties & Investments, LLC of the greenspace that butts against the back yards of the residents in the town homes. Clifford Road has a high level of traffic and there are no permanent signs indicating the speed limit. The approval of these additional units will add 16-32 more vehicles on Clifford Road daily. The additional traffic and lack of speed signs poses a danger to kids at play and residents in the neighborhood. Based on the traffic report from the Village of Menands from August 2023, 7,000 vehicles were captured accessing Clifford Road within the span of one full week. Adding more traffic to an already congested space will negatively impact the residents and the integrity of this neighborhood. Based on research and 2020 Census Data for the Village of Menands there are currently nine apartment complexes totaling 1,660 apartments. Menands is a small community, and this development goes against the core mission of the village by adding at least 16 additional families into this community. Adding this structure also impacts the sense of safety for current residents and their families because the neighborhood can easily become transient with tenants changing from year to year. I understand the 2020 Comprehensive Plan of Menands would support this development to attract specific amenities into this community and create more spaces that are affordable for the average family, however Clifford Road does not seem to be an appropriate space for this structure due to the number of families and individuals who already reside on Clifford Road. Menands UFSD serves approximately 300 students from kindergarten to 8th grade. Families with students going into 9th grade are given several options for what high school to attend as there is no high school in Menands. Menands UFSD currently pays a non-resident rate for students to attend the high school of their choice. The base cost per student can range from $ 5,245 (Watervliet SD) to $13,359 (North Colonie SD- Shaker High School). If the student has any additional needs the cost will be higher. In my research, for the 2022-2023 school year there are 130 students who reside in Menands in grades 9-12 and most students attend North Colonie – Shaker High School including my own child. The cost for students to attend high school and have transportation are passed to the residents of Menands through school taxes. Menands UFSD has excellent after school clubs and phenomenal art and music programs. It would be devastating to see these clubs and programs ended to balance a budget to accommodate 10-16 additional students without overtaxing the existing residents. After the public hearing on August 21, 2023, I received a phone call from Austin Davis on my personal cell phone on Tuesday, August 22,2023. I have not provided my contact information for Austin or Brenden Davis or consented to them contacting me directly. At the beginning of the conversation, Austin stated that he wanted to apologize for the way his engineer, Dominic, spoke to myself and others present at the meeting on Monday, August 21, 2023. In the conversation I expanded on my concerns outlined above regarding additional traffic, access to the neighboring townhomes, security concerns, and green spaces owned by Davis Properties LLC which they are not maintaining currently or plan to in the foreseeable future. At one point in this conversation Austin Davis stated, ” I can really make your life miserable.” I perceived this as a threat to myself and family and informed Austin that any further discussions will be had during public hearings facilitated by the Village Board. Despite Austin and Brenden stating “they want to be good neighbors” their actions do not align with what is being said in public forums. In my opinion, looking at the proposal from Davis Properties & Investments, LLC. and considering their disregard of the greenspace behind current residents I stand firm in my view that approving this proposal will have a negative impact for the Village of Menands and the residents who choose to stay in Menands. Hearing all comments Mayor Marsh closed the Public Hearing for 50-56A Clifford Road at 6:21 PM. Mayor Marsh opened the Public Hearing for Local Law #7 for the Village of Menands, Amending Chapter §169, “Zoning” of the Menands Village Code at 6:22 P.M. 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 and registered to operate in the State of New York that dispenses any materials that are listed as controlled substances under the Federal Controlled Substances Act. 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. Laura Harbour is favor of Local Law #7 Bill Garvey is favor of Local Law #7 Chuck Price is favor of Local Law #7 Hearing all comments Mayor Marsh closed the Public Hearing for Local Law #7 for the Village of Menands, Amending Chapter §169, “Zoning” of the Menands Village Code at 6:23 PM. Resolution Number 240054 A motion was made by Trustee Harbour to accept the minutes of the August 21st, 2023, Board Minutes, seconded by Trustee Lane. ADOPTED: Trustee Harbour voting AYE Trustee Marris voting AYE Trustee Kalogridis voting AYE Trustee Lane voting AYE Mayor Marsh voting AYE Resolution Number 240055 A motion was made by Trustee Lane to approve payment for the following, seconded by Trustee Harris. WARRANT #7: GENERAL totaling $164,260.19 WATER totaling $ 83,253.99 SEWER totaling $ 42,077.86 TOTALS $289,592.04 PAYROLL #7: totaling $131,522.08 (08/11/23-08/24/23) ADOPTED: Trustee Harbour voting AYE Trustee Harris voting AYE Trustee Kalogridis voting AYE Trustee Lane voting AYE Mayor Marsh voting AYE Resolution Number 240056 The Treasurer requests the Board to approve a transfer from the General Fund Savings account $62,000 and to deposit it as follows: $27,000 to the Equipment Saving; $15,000 to Fire Equipment Savings; and $20,000 to the Vehicle Savings Accounts This will transfer the annual amounts the Board approved to the various savings accounts. After a discussion Trustee Lane moved 2nd by Trustee Harris the following, a resolution authorizing the Treasurer to transfer $62,000 from the General Savings Account and to deposit it as follows: $27,000 to Equipment Savings; $15,000 to Fire Equipment Savings; and $20,000 to Vehicle Savings. ADOPTED: Trustee Harbour voting AYE Trustee Harris voting AYE Trustee Kalogridis voting AYE Trustee Lane voting AYE Mayor Marsh voting AYE The Clerk led a discussion regarding the need to surplus DPW Truck 3 due to the amount of money needed to repair. Discussion followed. Resolution Number 240057 Trustee Harris made a motion to approve surplus DPW Truck 3 a 2011 2 ½ Ton International Dump Truck vin number 1HTMMAANOBH390496 and to put up for auction, second by Trustee Kalogridis. ADOPTED: Trustee Harbour voting AYE Trustee Harris voting AYE Trustee Kalogridis voting AYE Trustee Lane voting AYE Mayor Marsh voting AYE Fire Chief David Ognan led a discussion regarding the purchase of equipment for the Fire Department. Discussion Followed. Resolution Number 240058 Trustee Kalogridis made a motion to approve the purchase of Nozzles, Hose, and adapters at a cost of $10,260.00 under State Contract, second by Trustee Harbour. ADOPTED: Trustee Harbour voting AYE Trustee Harris voting AYE Trustee Kalogridis voting AYE Trustee Lane voting AYE Mayor Marsh voting AYE Resolution Number 240059 Trustee Harbour made a motion to approve the purchase of Power Cutter Saw, Chain Saw, and batteries at a cost of $3,474.00 under State Contract, second by Trustee Kalogridis. ADOPTED: Trustee Harbour voting AYE Trustee Harris voting AYE Trustee Kalogridis voting AYE Trustee Lane voting AYE Mayor Marsh voting AYE Chief Ognan asked the Board for permission to purchase a 2024 Chevrolet Pickup Truck to replace 2015 Ford Expedition. The 2015 Ford Expedition would go out for auction to offset the cost of the pickup. Discussion followed. Resolution Number 240060 After a discussion Trustee Kalogridis made a motion to approve to put the 2015 Ford Expedition go out for auction, second by Trustee Harbour. ADOPTED: Trustee Harbour voting AYE Trustee Harris voting AYE Trustee Kalogridis voting AYE Trustee Lane voting AYE Mayor Marsh voting AYE Resolution Number 240061 Trustee Harbour made a motion to approve the purchase of a 2024 2024 Chevrolet Pickup Truck for 59,118.50 under State Contract, second by Trustee Kalogridis. ADOPTED: Trustee Harbour voting AYE Trustee Harris voting AYE Trustee Kalogridis voting AYE Trustee Lane voting AYE Mayor Marsh voting AYE The Clerk led a discussion regarding replacing the Steam Traps at 280 Broadway. When the steam heat is on there is a banging noise. The Clerk received the following quotes: Farrel Brothers $6,200 Family Danz $7,200 Dwight $5,950 Resolution Number 240062 Trustee Lane made a motion to approve Dwight to replace the steam traps at 280 Broadway at a cost of $5,950.00, second by Trustee Hariss. ADOPTED: Trustee Harbour voting AYE Trustee Harris voting AYE Trustee Kalogridis voting AYE Trustee Lane voting AYE Mayor Marsh voting AYE There was a Discussion regarding Site Plan review of 96 Menands Road Daughters of Charity. Resolution Number 240063 After a discussion Trustee Lane made a motion to approve Preliminary Site Plan Review, second by Trustee Harbour. ADOPTED: Trustee Harbour voting AYE Trustee Harris voting AYE Trustee Kalogridis voting AYE Trustee Lane voting AYE Mayor Marsh voting AYE There was a discussion regarding Site Plan review of 50-56 Clifford Road. After a discussion the Board decided to hold off on any approvals until October 2, 2023. On October 2, 2023, the applicant will present information that the Board and the Engineers requested. There was a discussion regarding Local Law #7 of 2023. 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 and registered to operate in the State of New York that dispenses any materials that are listed as controlled substances under the Federal Controlled Substances Act. 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. Discussion followed. Resolution Number 240064 After a discussion Trustee Harbour made a motion to approve Local Law #7 of 2023, second by Trustee Lane. ADOPTED: Trustee Harbour voting AYE Trustee Harris voting NAY Trustee Kalogridis voting AYE Trustee Lane voting AYE Mayor Marsh voting AYE Public Comments: TO: All Menands Village Board Members FROM: Bill Garvey Jr. He reported mems restroom without soap and low on paper towel. He turned a lost credit card fount at Village One Apts. over to the Police Dept He was happy to learn that bldg. # 8 is being used for storage. He was happy weed and brush were cleaned away from one fire hydrant there are still more needing attention. He was happy orange cone was removed from Tillinghast Avenue. He is happy branches were removed from a tree so that crosswalk signal can be seen. He is happy that the building at 576 Broadway has recently been occupied by Blash Precision. He is concerned that the streetlamp on Broadway has not been replaced. He is happy the rehabilitation work at 250 Broadway has been completed. He is happy that the library has reopened, and the electrical problem has been corrected. Chuck Price asked for the Board to approve his request to have his appeal of the Zoning for 444 Broadway Fusion Recovery heard by the ZBA even though it is past the time for appeal. Laura Harbour also asked to Mr. Price appeal heard. Cindy Price asked if the Board aware of the appeal and did the Board voted on the appeal? Bill Nevins asked the Board not to approve 50-56 Clifford Road Apartments. Courtney Jaskula asked not to approve the 50-56A Apartment due to the impact to Menands School. Paul Cooney advised the Board to real look at the drainage for the 50-56A Apartment project. Lisa Neuman advised the Board that the Streetlight on Broadway near 444 Broadway Bus stop is leaning. The light is in the Town of Colonie. Colonie has been advised. Laura Harbour asked about when the evacuation drill for the railroad is going to be held. Chief St Gelais advised that it is being planned now and will be in October or November. Mayor Marsh and Village Attorney Rehfuss led a discussion regarding the need to hire a Part Time Assistant for the Village Attorney to handle interactions within the court. Discussion followed. Mayor Marsh led a discussion regarding installing Wi-Fi at 53 Menands Road Ganser Smith Park. Discussion followed. Updates and Old Business: The Clerk advised that CP Rail is currently working on the drainage ditch along the tracks and that tracks have been inspected by CP Rail. Discussion followed. Don, Following up on our discussion today, CPKC crews will be removing vegetation in the ditches next to the two crossings and clearing the culverts of vegetation and debris. Additionally, regarding the community member’s concern on the track flexing: track flexing is normal, CP inspected the track in August 2023 with a track geometry car in this area and it is in compliance with relevant safety regulations. If the city would like to weed whack the property line along the road, without occupying or entering the right of way, then we are okay with it. Please let me know if you have any other questions or concerns. Thank you, Arielle Arielle Giordano, Esq. Assistant Vice President, US Government Affairs 1341 G Street NW Suite 1100 Washington, DC 20005 P: (202)815-5309 The Clerk advised the Board of results from the Leak Detection. There were 8 leaks detected. 3 Main lines 2 Valves 1 Service to resident 2 Hydrants Discussion followed. A discussion was held to amend the paving of Menands Road and Brookside to paving all of Menands Road. Resolution Number 240065 Trustee Harbour made a motion to approve the paving of all Menands Road at a cost of $197,650.00 under State Contract, second by Trustee Lane. ADOPTED: Trustee Harbour voting AYE Trustee Harris voting AYE Trustee Kalogridis voting AYE Trustee Lane voting AYE Mayor Marsh voting AYE Mayor Marsh advised the Board that Sevenzocks has remove the trees that needed to be moved and will be back to grind the stumps. Trustee Lane gave an update on the Greenway Grant. Mayor Marsh advised the Board that he has received a letter that 35 Broadway is Appling for a Pilot for their project. At 7:25 PM Trustee Harris made a motion to enter into Executive Session to discuss a Legal and Personnel matters, 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 8:02 P.M. After Executive Session: Resolution Number 240066 Mayor Marsh led a discussion regarding the need to hire a Part Time Assistant for the Village Attorney to handle interactions within the court. A discussion followed. After a discussion Mayor Marsh appointed “Jennifer Browe” as Part Time Assistant for the Village Attorney. Trustee Harbour made a motion to approve the appointment of Jennifer Browe as Part Time Assistant to the Village Attorney at $22.00 an hour and 15 hours a month, second by Trustee Kalogridis. ADOPTED: Trustee Harbour voting AYE Trustee Harris voting AYE Trustee Kalogridis voting AYE Trustee Lane voting AYE Mayor Marsh voting AYE A motion was made by Trustee Harris to adjourn the meeting, seconded by Trustee Harbour. ADOPTED: Trustee Harbour voting AYE Trustee Harris voting AYE Trustee Kalogridis voting AYE Trustee Lane voting AYE Mayor Marsh voting AYE The meeting was duly adjourned at 8:04 P.M. ____________________ Donald Handerhan Village Clerk
Village Board Meeting Monday, May 6th, 2024 The Menands Village Board Meeting will be held on Monday, May 6, 2024 in the Village Municipal Building located second floor at 250 Broadway. To... READ MORE
