Regular Village Board Meeting Page 1 of 5
August 6, 2007
The regular semi-monthly meeting of the Board of Trustees of the Village of Menands, held on August 6th, 2007 was called to order by Mayor Thomas G. Coates at 7:00 P.M.
PRESENT: Thomas G. Coates, Mayor
Megan Grenier, Trustee
Ronald H. Miller, Trustee
William T. Smith, Jr., Clerk-Treasurer
Stephen Rehfuss, Village Attorney
Paul Reuss, Exec Assist to Mayor
ABSENT: Timothy A. Lane, Trustee
Mark Lansing, Trustee
Also attending: Bill Garvey, Esther Nolan, Jim Long, Paul Cooney, Albert Isaacson, Nan Miller and Brian Rozmenski.
The Mayor led the Pledge of Allegiance.
Jim Long inquired about the purchasing of the trees for Menand Road and Brookside Avenue a discussion followed.
A motion was made by Trustee Grenier seconded by Trustee Miller to accept the minutes of the July 19th, 2007 Special Workshop on Economic Development Concepts.
ADOPTED: Trustee Grenier voting AYE
Trustee Miller voting AYE
Mayor Coates voting AYE
A motion was made by Trustee Grenier seconded by Trustee Miller to accept the minutes of the July 16th, 2007 meeting.
ADOPTED: Trustee Grenier voting AYE
Trustee Miller voting AYE
Mayor Coates voting AYE
A motion was made by Trustee Miller seconded by Trustee Grenier to approve payment for the following:
WARRANT # 5
GENERAL totaling $ 86,401.24
WATER totaling 22,612.52
SEWER totaling 257.64
Total $109,271.40
PAYROLL # 4 totaling $75,413.97
(7/6/07 – 7/19/07)
PAYROLL # 5 totaling $66,957.71
(7/20/07 – 8/2/07)
Total $142,371.68
ADOPTED: Trustee Grenier voting AYE
Trustee Miller voting AYE
Mayor Coates voting AYE
Paul Reuss led a discussion concerning the Nature Area/Trails Grant and the meeting with Fraser and Associates after which Trustee Miller moved seconded by Trustee Grenier a resolution authorizing the Mayor to sign the agreement with Fraser & Associates for the Nature Area/Trails Grant.
ADOPTED: Trustee Grenier voting AYE
Trustee Miller voting AYE
Mayor Coates voting AYE
The Clerk led a discussion concerning the proposal by the Village Justices to the Justice Court Assistant Program based upon the DCJ Study of the Court after which Trustee Grenier moved seconded by Trustee Miller a resolution authorizing the Village Court to submit an application for the Justice Court Assistance Program and authorizing the Mayor to sign such application.
ADOPTED: Trustee Grenier voting AYE
Trustee Miller voting AYE
Mayor Coates voting AYE
The Clerk advised the Board that C.T. Male provided the results (attached) of their request for proposals to video the sanitary sewers in various village streets. After a discussion Trustee Miller moved seconded by Trustee Grenier the following a resolution authorizing C. T. Male to award the proposal to Municipal Services with a worst case proposal of $30,544.00.
ADOPTED: Trustee Grenier voting AYE
Trustee Miller voting AYE
Mayor Coates voting AYE
Trustee Miller introduced the following Local Law:
A LOCAL LAW IMPOSING A MORATORIUM THROUGH SEPTEMBER 1, 2008 ON THE REVIEW, APPROVAL AND/OR ISSUANCE OF PERMITS FOR OR RELATION TO THE ESTABLISHMENT OR RELOCATION OF DEALERSHIPS FOR THE SALE OF NEW AND USED MOTOR VEHICLES IN THE VILLAGE OF MENANDS.
SECTION 1. Intent:
a. The Village of Menands has commenced a comprehensive review of its zoning law and economic development study to include a review of the impact of the establishment or relocation of dealerships for the sale of new and used motor vehicles, but not limited to, the effects, if any, upon local property values, the effects, in any, upon the quality of life or changing local characteristics in the vicinity of said dealerships/and to design and enact a zoning plan that will maintain and safeguard the interests of the Village by mitigating these impacts, being no broader than necessary and providing alternative locations within the Village for said
businesses.
b. It is the intention of the Village of Menands in adopting this Local Law entitled a “Moratorium on the Establishment of New and Used Motor Vehicle Dealerships” to allow the Village a reasonable amount of time to complete this study and to formulate and enact a zoning plan regulating the location of new and used motor vehicle dealerships.
c. The Village Board hereby finds that an appropriate period of time is needed during which a detailed and reasonable review can be conducted on this issue, and therefore finds it necessary to adopt a reasonable interim Local Law to govern the review, approval and/or issuance of all permits relating to the establishment or relocation of new and used motor vehicle dealerships in the Village of Menands during the time that said review is conducted. This action is necessary in order to ensure the protection of and promote the public health, safety and general welfare of the residents of the Village of Menands and to prevent a race of diligence between the
property owners and developers and the Village which could, in many instances, result in the establishment of development which would nullify any real possibility of implementing the
recommendations arising from the Village’s study and which could result in excessive demands upon the public services offered by the Village.
SECTION 2. Definitions:
For the purposes of this Village law, a motor vehicle shall be defined as follows:
i) every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power
ii) electrically driven mobility assistance devices operated or driven by a person with a disability
iii) vehicles which run only upon rails or tracks
iv) snow mobiles as defined in Article 47 of the New York State Vehicle and Traffic Law
v) all terrain vehicles as defined in Article 48-B of the New York State Vehicle and Traffic Law
vi) farm type tractors and equipment and all terrain type vehicles
vii) road rollers, tractors, tractor cranes, trailers, truck cranes, power shovels, road building machines, snow plows, road sweepers, sand spreaders, well drillers, tractor trailer combinations, recreational vehicles, boats and all trailers
viii) all vehicles inspected by or operating under a certificate of inspection authorized by the Commissioner of Transportation or the Interstate Commerce Commission or of a municipally owned and operated transit system
ix) vehicles subject to inspection and licensing by local authorities and/or the New York State Department of Motor Vehicles
SECTION 3. Application:
This Local Law shall apply to all areas of the Village of Menands.
SECTION 4. Certain Building Permits Prohibited:
No review shall be conducted, applications received, or permits issues by the Building Inspector or the Planning Board of said Village for any development and/or construction of any kind, including, but not limited to, planned development districts which involves or relates to the inclusion or development of dealerships for the sale of new or used motor vehicles during the moratorium periods.
SECTION 5. Certain Board Action Prohibited:
No reviews shall be conducted, applications received, or approvals granted by the Planning Board of the Village of Menands, the Zoning Board of the Village of Menands or the Village Board of the Village of Menands for any project, construction or establishment of any new or used motor vehicle dealerships during the moratorium period.
SECTION 6. Severability:
The invalidity of any work, section, clause, paragraph, sentence, part or provision of this Local Law shall not affect the validity of any other part of this Local Law, which can be given effect without such part or parts.
SECTION 7. Effective Date:
This Local Law shall be in effect from the date of the filing with New York State Department of State and shall remain in effect through September 1, 2008, but shall take effect immediately upon a person personally served a copy of its adoption.
After a discussion it was agreed to have a public hearing at 7:00 PM on August 20, 2007.
Trustee Miller led a discussion concerning the design guidelines developed by ELAN after which Trustee Miller introduced the following proposed Local Law: A Local Law Amending Section 140.5 of the Village of Menands by adding paragraph “O” for the purpose of prescribing design guideline governing site plan review. The document entitled “VILLAGE OF MENANDS, NEW YORK, DESIGN GUIDELINES FOR SITE DESIGN AND ARCHITECTURE OF DEVELOPMENT PROJECTS THAT REQUIRE SITE PLAN REVIEW’ dated February 5, 2007 and prepared by ELAN Planning and Design, Inc.
A public hearing was scheduled for August 20, 2007 immediately following the public hearing on the proposed moratorium local law.
The Clerk led a discussion concerning the replacement of the siren on top of Village Hall, due to it being hit by lightening during the July 11th, 2007 storm. After a discussion Trustee Grenier moved seconded by Trustee Miller a motion authorizing the purchase of a new siren at a cost not to exceed $13,000.00.
ADOPTED: Trustee Grenier voting AYE
Trustee Miller voting AYE
Mayor Coates voting AYE
The Clerk advised the Board that the NYS Retirement System estimates the payments due in December to be: Employees Retirement System $74,065.00 and the Police & Fire Retirement System $91,368.00.
The Clerk asked the Board if they would sponsor a hole for the John Weidman Memorial Golf Tournament as has been done in the past. The Tournament this year is September 14th at Burden Lake Country Club. If you want to golf its $90.00 per person. Let the Clerk know.
Executive Assistant Reuss and the Clerk told the Board that the Fall Business Breakfast Meeting will be held on Wednesday, October 24th at the Firehouse. The Clerk and Executive Assistant will make the arrangements.
The Clerk advised the Board of the upcoming NY Conference of Mayors Training School for City & Village Officials September 17th to 21st, 2007 in Saratoga Springs, anyone interested in attending should let the Clerk know so he can make arrangements.
At 8:06 P.M. a motion was made by Trustee Grenier seconded by Trustee Miller to enter into Executive Session.
ADOPTED: Trustee Grenier voting AYE
Trustee Miller voting AYE
Mayor Coates voting AYE
The regular meeting reconvened at 8:21 P.M.
A motion was made by Trustee Miller seconded by Trustee Grenier to adjourn.
ADOPTED: Trustee Grenier voting AYE
Trustee Miller voting AYE
Mayor Coates voting AYE
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The meeting was duly adjourned at 8:23 P.M.
_____________________
William T. Smith, Jr.
Clerk-Treasurer
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