Regular Village Board Meeting Page 1 of 6
August 20, 2007
The Mayor opened the regular semi-monthly meeting of the Board of Trustees of the Village of Menands, held on August 20th, 2007 at 7:22 P.M. after the two (2) public hearings.
PRESENT: Thomas G. Coates, Mayor
Megan Grenier, Trustee
Mark Lansing, Trustee
Ronald H. Miller, Trustee
William T. Smith, Jr., Clerk-Treasurer
Stephen Rehfuss, Village Attorney
ABSENT: Timothy A. Lane, Trustee
Paul Reuss, Exec Asst to Mayor
Also attending: Bill Garvey, Jim Long and Brian Rozmerski.
The Mayor led the Pledge of Allegiance.
Resident Jim Long inquired as to the status of the tree plantings for Brookside Avenue and Menand Road. The Clerk advised everyone that the trees were ordered and that it is expected that they will be planted sometime in September. The Menands Hardware Store is providing the trees and doing the planting.
A motion was made by Trustee Miller seconded by Trustee Grenier to accept the minutes of the August 6th, 2007 meeting.
ADOPTED: Trustee Grenier voting AYE
Trustee Lansing voting ABSTAIN
Trustee Miller voting AYE
Mayor Coates voting AYE
A motion was made by Trustee Grenier seconded by Trustee Miller to approve payment for the following:
WARRANT # 6
GENERAL totaling $61,794.23
WATER totaling 6,959.26
Total $68,753.49
PAYROLL # 6 totaling $64,262.12
(8/3/07 – 8/16/07)
ADOPTED: Trustee Grenier voting AYE
Trustee Lansing voting AYE
Trustee Miller voting AYE
Mayor Coates voting AYE
The Clerk advised the Board that DPW Foreman Boyd has the following three (3) pieces of equipment that he wishes to have declared surplus so he can get rid of them.
1) 1999 Big Tex Lawn Trailer VIN # 4K8PX1620X1E41931
2) Big-T 4 cylinder Leaf Vacuum
3) Big-T 6 cylinder Leaf Vacuum
After a discussion Trustee Lansing moved seconded by Trustee Grenier a resolution declaring the three (3) items surplus and authorizing the Clerk to advertise them for sale to the highest bidder.
ADOPTED: Trustee Grenier voting AYE
Trustee Lansing voting AYE
Trustee Miller voting AYE
Mayor Coates voting AYE
The Clerk advised he had requested quotations for repairs to the roof the following were received:
Star Roofing $18,710.00
Skyway Roofing $24,000.00
Weatherguard $40,375.00
The Clerk advised the Board that all bidders were asked to inspect the roof. After a discussion Trustee Lansing moved seconded by Trustee Grenier a resolution accepting the proposal from Star Roofing.
ASOPTED: Trustee Grenier voting AYE
Trustee Lansing voting AYE
Trustee Miller voting AYE
Mayor Coates voting AYE
The Clerk reminded the Board of the NYCOM Fall Training School to be held September 17th – 21st in Saratoga and to let him know if they wanted to attend. Also the Village will be hosting the Mohawk & Hudson Association of Village Officials Fall Meeting on Sunday, October 14th.
There was a discussion concerning the public hearing on the proposed 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 or used motor vehicles in the Village of Menands.
Trustee Lansing offered seconded by Trustee Miller a motion to enact the following Local Law authorizing the Moratorium.
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.
ADOPTED: Trustee Grenier voting AYE
Trustee Lansing voting AYE
Trustee Miller voting AYE
Mayor Coates voting AYE
Trustee Miller led a discussion concerning the proposed Local Law Amending Section 140.5 of the Village Code by adding sub-section “0” prescribing designs guidelines as follows:
LOCAL LAW 2007 – ECONOMIC DEVELOPMENT
A LOCAL LAW AMENDING SECTION 140-5
THE CODE OF THE VILLAGE OF MENANDS, NEW YORK
§ 140-5. Required elements of plans.
Such site plans submitted for the approval of the Board of Trustees shall include, where appropriate, elements thereof relating to the following areas, as well as such other information as may be required by its rule and regulations:
A. Parking areas.
B. Means of access and access points.
C. Screening.
D. Signs.
E. Landscaping.
F. Architectural features.
G. Location and dimensions of buildings and structures.
H. Any other features commonly considered accessory to the type of facility proposed.
I. Topography, including the applicant’s entire parcel and all properties, subdivisions, streets, watercourses and easements which pass through or are within one hundred (100) feet of the site boundaries.
J. Existing watercourses and the direction of drainage flow.
K. Location of all existing or proposed site improvements, including storm drains, culverts, retaining walls and fences, water lines and sanitary sewers and connections thereto, permitted signs, lighting facilities, parking areas, access drives and roads, existing vegetation and trees over four (4) inches in diameter.
L. Any special environmental or other considerations required by the Board or other elements integral to the proposed development as considered necessary by the Board, including design and construction standards to be followed in the preparation of the site plan.
M. Impact of the proposed use on adjacent land uses.
N. Such other elements as may reasonably be related to the health, safety and general welfare of the community.
O. For the purpose of prescribing design guidelines governing site plan review, the document entitled “Village of Menands, New York, Design Guidelines for Site Design & Architecture of Development Projects that require Site Plan Review” dated February 5, 2007 and prepared by ELAN Planning & Design, Inc. which not less than three copies have been and now are filed in the office of the Clerk of the Village of Menands and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this article shall take effect, the provisions thereof shall be controlling within the limits of the Village of
Menands.
After which, Trustee Miller offered a motion to enact said amendment, motion seconded by Trustee Grenier.
ADOPTED: Trustee Grenier voting AYE
Trustee Lansing voting NAY
Trustee Miller voting AYE
Mayor Coates voting AYE
The motion passed.
The Mayor discussed a Tech Valley Civic Forum to be held Wednesday, September 19th on the campus of University of Albany’s College of Nanoscale Science & Engineering – copies of the invitation will be given to the Board if they would like to go.
A motion was made by Trustee Lansing seconded by Trustee Grenier to adjourn.
ADOPTED: Trustee Grenier voting AYE
Trustee Lansing voting AYE
Trustee Miller voting AYE
Mayor Coates voting AYE
The meeting was duly adjourned at 8:03 P.M.
_____________________
William T. Smith, Jr.
Clerk-Treasurer
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