Village Board Meeting

Board Meeting

The Annual Organizational Meeting and Regular Semi-Monthly Meeting of the Board of Trustees of the Village of Menands, was held on the 5th, day of April, 2010 in the Municipal Building, Menands, New York was called to order by Mayor Thomas G. Coates at 7:00 P.M.

PRESENT: Thomas G. Coates, Mayor

Megan Grenier, Trustee

Timothy A. Lane, Trustee

Mark Lansing, Trustee

Ronald A. Miller, Trustee

William T. Smith, Jr., Clerk-Treasurer

Mary Kenney, Village Attorney

Paul Reuss, Exec Asst to the Mayor

Also present: Sharon Mason, Ellen Milkas, Kylesla Davis, Brian Rozmerski, Steve & Ileane O’Connell, Charles Rockwell, Paul Cooney, Buzz & Cheri Harbour, Kirk Montanye

The Mayor led the Pledge of Allegiance.

Mr. Charles Rockwell of 6 Jones Court asked the Board for permission to erect a shed on his property; this was required due to restrictions on his deed one of which requires the Board of Trustees to approve a shed. Trustee Lansing moved seconded by Trustee Grenier a motion authorizing Mr. Rockwell to erect a shed on his property at 6 Jones Court in accordance with the Zoning Laws and the Building Department Rules.

ADOPTED: Trustee Grenier voting AYE

Trustee Lansing voting AYE

Trustee Lane voting AYE

Trustee Miller voting AYE

Mayor Coates

Sharon Mason and Ellen Milkas discussed a minor problem they are having with loud radios when customers stop for gas across the street from their restaurant at 698 North Pearl Street. After the discussion the Clerk will discuss the situation with the Police Chief and the Village Counsel to try to address the issue.

Resident Cheri Harbour inquired about the No Parking Lane to corner sign on Irving Place as it was to be removed months ago. The Clerk will remind the DPW to remove the sign.

Ms. Kylesha Davis of Park Hill Apts inquired as to whether the Village would be interested in selling 34 or 36 or 38 Hampton Street and are they approved building lots, a discussion followed and Ms. Davis was advised to talk to Executive Assistant Paul Reuss.

Resident Harry Harbour, Jr. asked if something could be done about the delivery truck at Park Side Preschool which idles while fixing his load at 6:15 A.M. The Clerk will discuss this with the Police Chief.

Kirk Montanye of the Fire Company inquired about the Village Picnic and concerts in the Park, he was informed that nothing had been discussed yet. He also inquired about the kitchen renovation project and whether prevailing rates were needed. The Clerk advised him he was working on the language for the BID Documents and that prevailing wage rates would be required.

Brian Rozmerski discussed the new WEB SITE and asked the Board to check it out and make suggestions. Also a demonstration was scheduled for the Business Breakfast, to help get the Business Directory up and running. The Business Breakfast will be Friday, April 30th, 2010 at 7:15 A.M.

A motion was made by Trustee Lane seconded by Trustee Grenier to approve the minutes from the March 11th, 2010 Budget Workshop.

ADOPTED: Trustee Grenier voting AYE

Trustee Lane voting AYE

Trustee Lansing voting AYE

Trustee Miller voting AYE

Mayor Coates

A motion was made by Trustee Lansing seconded by Trustee Lane to approve the minutes from the March 15th Public Hearing Amending Local Law Article XIII to add Section 169-44 relating to fees by the Village Zoning Board of Appeals.

ADOPTED: Trustee Grenier voting AYE

Trustee Lane voting AYE

Trustee Lansing voting ABSTAINED

Trustee Miller voting AYE

Mayor Coates

A motion was made by Trustee Lansing seconded by Trustee Grenier to approve the minutes from the March 15th Public Hearing amending Local Law Section A172-2(B)(5) relating to Site Plan Fees.

ADOPTED: Trustee Grenier voting AYE

Trustee Lane voting AYE

Trustee Lansing voting ABSTAINED

Trustee Miller voting AYE

Mayor Coates

A motion was made by Trustee Lansing seconded by Trustee Lane to approve the minutes of the March 15th, 2010 Board Meeting.

ADOPTED: Trustee Grenier voting AYE

Trustee Lane voting AYE

Trustee Lansing voting ABSTAINED

Trustee Miller voting AYE

Mayor Coates

A motion was made by Trustee Lansing seconded by Trustee Lane to approve payment for the following:

WARRANT # 21

GENERAL totaling $ 91,509.41

WATER totaling 5,483.47

SEWER totaling 148,787.79

TOTAL $245,780.67

PAYROLL # 22 totaling $ 83,616.25

(3/12/10 – 3/25/10)

ADOPTED: Trustee Grenier voting AYE

Trustee Lane voting AYE

Trustee Lansing voting AYE

Trustee Miller voting AYE

Mayor Coates

Mayor Coates reappointed Trustee Timothy A. Lane as Deputy Mayor to act as such in his place and stead during his absence or inability to act and is vested with all the powers and may perform all the duties of the Mayor, pursuant to Section 4-400 of the Village Law.

Mayor Coates appointed Kathleen Boyd as Acting Village Justice for the ensuing official year.

Trustee Grenier offered seconded by Trustee Miller the following resolution and moved its adoption:

WHEREAS, Section 3-301 of the Village Law of this State empowers the Mayor to appoint an Acting Village Justice who shall serve when requested by the Village Justice or in the absence or inability of the Village Justice to serve,

NOW, THEREFORE, be it

RESOLVED, that the appointment by Mayor Coates of Kathleen Boyd as Acting Village Justice for the ensuing official year be, and hereby is approved.

ADOPTED: Trustee Grenier voting AYE

Trustee Lane voting AYE

Trustee Lansing voting AYE

Trustee Miller voting AYE

Mayor Coates

The Mayor in concurrence with Justice Rowley, recommended Court Clerk Margaret Jones be reappointed to another term. After a discussion, Trustee Grenier offered seconded by Trustee Lane a resolution appointing Margaret Jones as Court Clerk.

ADOPTED: Trustee Grenier voting AYE

Trustee Lane voting AYE

Trustee Lansing voting AYE

Trustee Miller voting AYE

Mayor Coates

Mayor Coates appointed Kevin Miller to the Zoning Board of Appeals for a three-year term ending on the 2nd day of April, 2013.

Trustee Lane offered seconded by Trustee Miller the following resolution and moved its adoption:

WHEREAS, the Zoning Board of Appeals of this Village was established by Local Law No. 1 of 1976, and

WHEREAS, this Board has approved the appointment of the several members thereof, and

WHEREAS, Kevin Miller has served faithfully the Village Zoning Board of Appeals

NOW, THEREFORE, be it

RESOLVED, that the appointment by Mayor Thomas G. Coates of Kevin Miller to the Zoning Board of Appeals of the Village of Menands be, and it hereby is, approved for a term ending on April 2nd, 2013, and be it further

RESOLVED, that the Village Clerk be, and he hereby is, directed to notify the aforesaid citizen of his appointment.

ADOPTED: Trustee Grenier voting AYE

Trustee Lane voting AYE

Trustee Lansing voting NAY

Trustee Miller voting AYE

Mayor Coates

Mayor Coates appointed John Bassett as Chairman of the ZBA for the ensuing official year.

Trustee Lansing offered seconded by Trustee Lane a resolution naming John Bassett as Chairman of the Zoning Board of Appeals for the ensuing official year.

ADOPTED: Trustee Grenier voting AYE

Trustee Lane voting AYE

Trustee Lansing voting AYE

Trustee Miller voting AYE

Mayor Coates

Trustee Lansing offered seconded by Trustee Lane the following resolution and moved its adoption:

RESOLVED, that the Village Clerk-Treasurer of the Village of Menands shall file and execute an official undertaking in the sum of five hundred thousand dollars ($500,000.00) and that

such undertaking shall be executed by a surety company authorized to transact business in this state, and that the expense thereof shall be a Village charge.

ADOPTED: Trustee Grenier voting AYE

Trustee Lane voting AYE

Trustee Lansing voting AYE

Trustee Miller voting AYE

Mayor Coates

Trustee Grenier offered seconded by Trustee Miller the following resolution and moved its adoption:

WHEREAS, there is to be held during the coming official year

a) New York State Conference of Mayors Annual Meeting and Training School;

b) New York State Conference of Mayors Fall Training School for Fiscal Officers and Municipal Clerks;

c) New York State Government Finance Officers Association Conference;

d) (Worker's Compensation) Conferences;

e) New York Conference of Mayors Public Works Training School;

f) American Water Works Association Conference (NYS Chapter);

g) SAMPO (NYS Association of Municipal Purchasing Officials) School

h) And other conferences pertaining to the Chief of Police, Fire Chiefs and Building and Fire Inspectors; and

WHEREAS, it is determined by the Board of Trustees that attendance by certain municipal officials and employees at one or more of these meetings, conferences or school benefits the municipality, and that the expenses thereof shall be a Village charge;

NOW, THEREFORE, be it

RESOLVED, that the following officers and employees are hereby authorized to attend one or more of the above mentioned conferences or schools: Mayor, Trustees, Executive Assistant to the Mayor, Village Attorney, Clerk-Treasurer, Chief of Police, Foreman of Department of Public Works, Building and Fire Inspectors and Fire Chiefs, and be it further

RESOLVED, that this resolution shall take effect immediately.

ADOPTED: Trustee Grenier voting AYE

Trustee Lane voting AYE

Trustee Lansing voting AYE

Trustee Miller voting AYE

Mayor Coates

Trustee Lansing offered seconded by Trustee Grenier the following resolution and moved its adoption:

RESOLVED, that the regular meeting of the Board of Trustees of the Village of Menands shall be on the first and third Monday of each month during the ensuing official year, and in the

event that the date of the regular meeting shall be a holiday, such meeting shall be held on the following day, and such meeting may be adjourned from time to time in the manner prescribed by law and shall be held at the Municipal Building in said Village at 7:00 P.M. or at such other place, or such other time as may hereafter be designated by the Board of Trustees.

This notice is given in compliance with Article 7 of the Public Officers Law, relating to open meetings.

ADOPTED: Trustee Grenier voting AYE

Trustee Lane voting AYE

Trustee Lansing voting AYE

Trustee Miller voting AYE

Mayor Coates

Trustee Lansing offered the following resolution and moved its adoption:

RESOLVED, that the Times Union, published in the Town of Colonie and circulated in the Village of Menands and the County of Albany, be and the same hereby is, designated as the official paper for the said Village for the publication of all local laws, resolutions and notices of every kind, character or description, or any other matter required to be published during the ensuing official year.

The resolution was duly seconded by Trustee Grenier.

ADOPTED: Trustee Grenier voting AYE

Trustee Lane voting AYE

Trustee Lansing voting AYE

Trustee Miller voting AYE

Mayor Coates

Trustee Lane offered the following resolution and moved its adoption:

RESOLVED, that Key Bank, NA of Albany, NY and the J. P. Morgan Chase Bank, Albany, NY and the HSBC Bank USA, Albany, NY; be and they hereby are, designated as the official depositories of the several funds of the Village of Menands for the ensuing official year; and be it further

RESOLVED, that the monies to be deposited in the fund known as the General Fund Reserves of the Village of Menands be deposited in the HSBC Bank USA, Albany, New York and the J. P. Morgan Chase Bank, Albany, NY, and be it further

RESOLVED, that the monies to be deposited in the fund known as the Water Fund Reserves of the Village of Menands be deposited in the J. P. Morgan Chase Bank, Albany, NY, and be it further

RESOLVED, that the monies to be deposited in the fund known as the Sewer Fund Reserves of the Village of Menands be deposited in the J. P. Morgan Chase Bank, Albany, NY, and be it further

RESOLVED, that the monies to be deposited in the fund known as the Fire Equipment Fund of the Village of Menands be deposited in the J. P. Morgan Chase Bank, Albany, NY, and be it further

RESOLVED, that the monies to be deposited in the fund known as the Payroll/Trust and Agency Account of the Village of Menands be deposited in the Key Bank, NA of Albany, Albany, New York; and be it further

RESOLVED, that the funds to be deposited in the fund known as the Bond Proceeds Account of the Village of Menands be deposited in the J.P. Morgan Chase Bank, Albany, New York; and be it further

RESOLVED, that the funds to be deposited in the fund known as the Capital Projects Account of the Village of Menands be deposited in the J.P. Morgan Chase Bank, Albany, NY; and be it further

RESOLVED, that all checks and/or orders of withdrawal from the said depository on the aforesaid funds, with the exception of the Payroll/Trust and Agency Account, shall be signed by the Village Clerk-Treasurer and either the Mayor or Deputy Mayor or, in the absence of the Mayor or Deputy Mayor, by a Trustee designated by the Mayor.

The resolution was duly seconded by Trustee Grenier.

ADOPTED: Trustee Grenier voting AYE

Trustee Lane voting AYE

Trustee Lansing voting AYE

Trustee Miller voting AYE

Mayor Coates

Trustee Miller offered the following resolution and moved its adoption:

WHEREAS, this Board may authorize reimbursement of automobile expenses to officers and employees of the Village who use their personal automobiles while performing their official duties on behalf of the Village;

NOW, THEREFORE, be it

RESOLVED, that such reimbursement hereafter be made at the rate of .50 cents per mile to such personnel when they incur such expense, unless otherwise negotiated in a collective bargaining agreement, and be it further

RESOLVED, that when properly authorized, the same be paid upon audit by the Board of Trustees.

The resolution was duly seconded by Trustee Lansing.

ADOPTED: Trustee Grenier voting AYE

Trustee Lane voting AYE

Trustee Lansing voting AYE

Trustee Miller voting AYE

Mayor Coates

Trustee Grenier offered the following resolution and moved its adoption:

RESOLVED, that all employees of the Village of Menands shall be granted vacations, sick leave, bereavement leave, jury duty leave and military leave in accordance with the provisions of the resolution adopted by the Board on May 2nd, 2005 unless otherwise amended or negotiated in a collective bargaining agreement.

The resolution was duly seconded by Trustee Lane.

ADOPTED: Trustee Grenier voting AYE

Trustee Lane voting AYE

Trustee Lansing voting AYE

Trustee Miller voting AYE

Mayor Coates

Trustee Lane offered the following resolution and moved its adoption:

RESOLVED, that the next Annual/Organizational meeting be held on Monday, April 4th, 2011 at 7:00 P.M. in the Municipal Building.

The resolution was duly seconded by Trustee Grenier.

ADOPTED: Trustee Grenier voting AYE

Trustee Lane voting AYE

Trustee Lansing voting AYE

Trustee Miller voting AYE

Mayor Coates

Trustee Lansing offered the following resolution and moved its adoption: to designate the Clerk-Treasurer as the Village’s Public Information Officer and the Mayor or, in his absence, the Deputy Mayor, as the Appeals Officer.

The resolution was duly seconded by Trustee Grenier.

ADOPTED: Trustee Grenier voting AYE

Trustee Lane voting AYE

Trustee Lansing voting AYE

Trustee Miller voting AYE

Mayor Coates

Trustee Miller offered seconded by Trustee Grenier the following resolution and moved its adoption:

RESOLVED, by the Board of Trustees of the Village of Menands that Records Retention and Disposition Schedule MU-1, issued pursuant to Article 57-A of the Arts & Cultural Affairs

Law, and containing legal minimum retention periods for local government records, is hereby adopted for use by all officers in legally disposing of valueless records listed therein.

FURTHER RESOLVED, that in accordance with article 57-A:

a. only those records will be disposed of that are described in Records Retention and Disposition Schedule MU-1 after they have met the minimum retention periods described therein;

b. only those records will be disposed of that do not have sufficient administrative, fiscal, legal or historical value to merit retention beyond established legal minimum periods.

ADOPTED: Trustee Grenier voting AYE

Trustee Lane voting AYE

Trustee Lansing voting AYE

Trustee Miller voting AYE

Mayor Coates

Mayor Coates requested that the Board change their liaison duties to the following:

Trustee Miller – Police Dept and Historian

Trustee Grenier – DPW and Seniors

Trustee Lansing – Fire Dept and Building & Codes

Trustee Lane – Youth, Parks & Beautification

The Mayor also stated the following have agreed to continue in the following capacities:

Brianna DiBaise – Youth Program

Paul Reuss – Code Enforcement

Al Wright – Building Inspector

Dianne MacFarland as part time Gardner

Trustee Lansing moved seconded by Trustee Grenier a motion authorizing the Mayor to sign the Service Award Program Sponsor Authorization Form for 2009.

ADOPTED: Trustee Grenier voting AYE

Trustee Lane voting AYE

Trustee Lansing voting AYE

Trustee Miller voting AYE

Mayor Coates

The Clerk discussed the proposals he received for GASB-45 Post Employment Benefits Actuarial Services he had requested. He received three (3) proposals:

Millimam $2,800 for an on-line tool

USI Consulting $3,900

Armory Assoc. $2,500

The Clerk recommends using Armory Associates, Inc. as GASB-45 is required to be done this year. After a discussion Trustee Lane moved seconded by Trustee Lansing a resolution authorizing the Clerk to sign a contract with Armory Associates, Inc. for $2,500 to perform the GASB-45 requirements.

ADOPTED: Trustee Grenier voting AYE

Trustee Lane voting AYE

Trustee Lansing voting AYE

Trustee Miller voting AYE

Mayor Coates

The next meeting of the Mohawk Hudson Village Officials will be hosted by the Village of Menands on May 23rd.

Trustee Lane stated that Earth Day Spring Clean Up is scheduled for Saturday, April 17th

at 9 A.M. (rain date Sunday, April 18th at noon) families, friends and groups wishing to participate are asked to meet at Ganser-Smith Park.

The Clerk reminded everyone that the Public Hearing for the Budget is Monday, April 12th, 2010 at 6:30 PM and it will be held in the Firehouse.

At 8:45 P.M. Trustee Lansing made a motion seconded by Trustee Grenier to enter into Executive Session.

ADOPTED: Trustee Grenier voting AYE

Trustee Lane voting AYE

Trustee Lansing voting AYE

Trustee Miller voting AYE

Mayor Coates

The regular meeting reconvened at 9:05 P.M.

Trustee Lane moved seconded by Trustee Miller a resolution adopting Local Law #3 Amending Chapter 30, 140, 148, 172, 173 pertaining to Planning Board.

A LOCAL LAW OF

VILLAGE OF MENANDS NEW YORK

LOCAL LAW NO. ___ FOR 2010

AMENDING CHAPTER 30PLANNING BOARD

[NOTE: THIS LOCAL LAW REPLACES § 30-1 ENVIRONMENTAL QUALITY REVIEW POWERS and AMENDS NOTED SECTIONS OF THE FOLLOWING: CHAPTERS §140 SITE PLAN REVIEW; § 148 SUBDIVISION OF LAND; § A 172 SITE PLAN REVIEW REGULATIONS; § A 173 SUBDIVISION REGULATIONS]

Be it enacted by the Board of Trustees of the Village of Menands as follows:

§ 30-1. Statutory Authority; Establishment and Purpose.

(A) Pursuant to §7-718 of the Village Law, and §10 of the Municipal Home Rule Law of the State of New York, a Planning Board shall be appointed by the Menands Village Board of Trustees. Appointments to the Planning Board shall be, restricted to residents of the Village and made by the Mayor of the Village with the consent of the Board of Trustees. The Mayor, with consent of the Board of Trustees, shall designate the Chairman of the Planning Board.

(B) Purpose and Intent. The purpose and intent of this local law is to define the nature and powers of the Village Planning Board in accordance with Article 12-A of the General Municipal Law and Section 7-718 of the Village Law, to set the powers of the Village Planning Board and to provide that the Village Planning Board was created pursuant to Article 12-A of the General Municipal Law.

(C) Appropriation for Planning Board. The Village Board of Trustees is hereby authorized and empowered to make such appropriation as it may see fit for Planning Board expenses. The Planning Board shall have the power and authority to employ experts, clerks and a secretary and to pay for their services, and to provide for such other expenses as may be necessary and proper, not exceeding in all the appropriation that may be made therefor by the Village Board of Trustees for such Planning Board.

§ 30-2. Composition.

(A) The Village Planning Board shall consist of five (5) members, including the Chairperson, and one alternate member each shall serve with compensation as determined by the Board of Trustees.

(B) No person who is a member of the Board of Trustees shall be eligible for membership on such Planning Board.

§ 30-3. Terms.

The initial terms of office of the Planning Board Members shall be as follows: Two member’s, including the Chairperson, shall be appointed for an initial term of five year’s; and two member’s shall be appointed for an initial term of three (3) years and one shall be appointed to an initial term of two (2) years. Thereafter, all Planning Board member terms shall be five (5) years continuing thereafter. The Mayor may appoint to fill a vacancy in the Planning Board for the unexpired term of said vacancy at any regular meeting of the village board. Terms shall run concurrent to the village fiscal year beginning June 1 and ending on May 30.

§ 30-4. Alternate Member.

An alternate member of the Planning Board may be appointed annually by the Mayor with the consent of the Board of Trustees. In the event that a Planning Board member is unable to meet his or her duty due to conflict of interest, absence due to illness, vacation, family emergency the alternate member shall be substituted as determined by the Chairperson of the Planning Board. An alternate member shall be in attendance at the regular meetings of the planning board but shall have no authority to vote; unless substituted by the Chairperson as set forth in this chapter.

§ 30-5. Training.

All Planning Board members and alternates must complete a minimum of four hours of training each year as required by Village Law §§ 7-712 and 7-718; otherwise, Planning Board members

shall not be eligible for reappointment. Training shall be by approved agencies, commissions, associations and other organizations, as maintained by the Village Clerk. Certificates of completion of said training from recognized organizations must be filed with the Village Clerk-Treasurer.

§ 30-6. Procedures

Meetings - The Planning Board shall conduct its meeting at the Village Hall on the second Monday of each month. Meetings shall be open to the public with required proper public notice.

Voting Requirements – Passage of motions and resolutions of the planning board shall require the affirmative vote of a majority of a quorum of the planning board members for adoption. Where the action is the subject of a referral to the Town, County or Regional planning agency, the voting provisions of § 239-m and § 239-n of the General Municipal Law shall apply.

Hearing on Applications – Applications for subdivision and site plan review shall be submitted to the planning board in accordance with the regulations set forth in Chapter A172, Site Plan Review Regulations. Hearings on subdivision applications shall be held in accordance with the regulations set forth in Chapter A173, Subdivision Regulations.

Conduct - The planning board shall determine its own rules of conduct and procedure consistent with the applicable provision of Village Law of the State of New York and this chapter.

§ 30-7. Removal.

Planning Board members may be removed for cause including, but not limited too, failure to attend meetings, failure to complete required training, or failure to disclose a conflict of interest in reference to an approved project. A removal hearing may be commenced at the recommendation of a majority of a quorum of the planning board members, submitted in writing to the Village Clerk-Treasurer. Removal shall be determined by vote of the Board of Trustees, after public hearing, at a regular meeting of the Village Board.

§ 30-8. Cooperation with Contiguous or Adjoining Municipalities and Agencies.

The Planning Board shall have the authority to conduct and attend conferences and meetings with contiguous municipalities for the general purpose of municipal planning and future growth and to appoint delegates to private and public functions concerning municipal growth and planning and to establish committees of residents to advise and assist in the promulgation of its duties.

§ 30-9. Powers and Duties.

A. Pursuant to § 7-728 of the Village Law, said Planning Board shall be and the same hereby is authorized and empowered to approve all plans, plots and plats and plats of any subdivision of land showing lots, blocks or sites, with or without new streets or highways in the Village; new residential or commercial development, new construction or redevelopment of current structures. No such plan or plat shall be recorded in the Office of the Albany County Clerk until the Planning Board has certified its approval of the same.

B. The Planning Board shall have the power to approve the commencement of any business, commercial or industrial development application subject to the Village Code, Zoning Ordinance and New York State Building Code.

C. To the extent provided by law, the Planning Board shall have the power to review and approve, approve with modifications or disapprove of residential and commercial site plan applications showing the arrangement, layout and design of the proposed use of the land shown on such plan. Elements to be approved may not be limited to those provided in Chapter 140 of this code.

The Planning Board shall have the authority to:

review sketch plans and approve site development preliminary concept plans;
refer certain applications before the planning board to town, county or regional agencies when necessary as per § 239-m and § 239-n of the General Municipal Law;

prepare and/or recommend changes in zoning, subdivision code regulations and comprehensive plans to the Board of Trustees, or as requested by the Board of Trustees;

make investigations, maps, reports and recommendations relating to the planning and development of the village to the Board of Trustees;

utilize the services of an engineer or engineering firm, designated and approved by the Board of Trustees, to review and submit recommendations of proposed development site plans. Such services shall be paid by the applicant or owner of the site or plans being reviewed;

study future growth, land use, economic development, public facilities, and programs and infrastructure, as requested by the Board of Trustees; and

cause studies to be made with respect to future growth, land use, economic development, public facilities, and programs and infrastructure, as requested by the Board of Trustees; and

submit reports and subsequent recommendations on proposed amendments to the Zoning, Site Plan and/or Sub-division Regulations to the Board of Trustees;

report annually to the Board of Trustees, no later than the third Monday of December, on Planning Board activities as requested by the Board of Trustees. Such reports may include recommendations for the long-range planning of the Village;

prepare, review and/or make recommendations regarding a comprehensive plan or amendments thereto; to prepare and/or change a master plan for the development of the Village as authorized by the Board of Trustees;

approve or disapprove the laying out of, closing off or abandonment of such streets, highways or public areas under and subject to the provisions of the New York State Laws.

make recommendations in connection with any proposed changes or amendments to the Code of the Village which may, from time to time, be submitted to it by the Village Board.

consider and decide all questions arising pursuant to the State Environmental Quality Review Act (SEQRA), concerning the Village or any of its agencies, including preparation of a negative or a positive declaration, an environmental impact statement (EIS) or a draft thereof and the results thereof and the minimization or avoidance of any adverse impacts.

D. The following are excluded from Planning Board Review: (1) applications for garages; sheds; (2) above ground and in-ground swimming pools; (3) repair, reconstruction and/or minor building construction that will not increase the current square footage of an existing building by more than 20% percent, or by less than 750 square feet. Such applications shall be reviewed and determined by the Village Building Inspector.

§ 30-10. Green Space Requirement.

All commercial and industrial development sites shall be required to include 33% green space. If the Planning Board shall require the planting of trees or shrubs as may be shown on the final approved site plan, the owner shall be required to replace any trees or shrubs that may die within

three (3) years of the date of the certificate of occupancy. This requirement may be waived by the Planning Board, with cause.

§ 30-11. Application Approval Expiration and Required Reconsideration.

Any site plan approval shall become void after one (1) year unless a building permit has been issued within that time and work has begun. The owner(s) may write to the Village Building Department to request a one (1) year extension of the approval. A written request for an extension must be received by the Building Department prior to the one (1) year expiration date of the original approval. The applicant/owner may be required by the Building Department to resubmit the site plan for reconsideration and approval where any proposed changes to the previously approved site plan are identified.

§ 30-12. Enforcement.

Any site plan and conditions of approval are binding on the applicant, the owner of the property and/or their successors unless modified by the Planning Board. The Chief Building Inspector/Code Enforcement Officer is charged with the enforcement of this provision.

§ 30-13. Permits.

Applicants will be required to obtain building permits from the Building Department Code Enforcement Officer of the Village pursuant to Code § 71-4.

§ 30-14. Fees and Expenses.

Every application for a building or development site plan approval, or to commence any residential, commercial or industrial development shall be accompanied by a nonrefundable fee in an amount determined by resolution of the Board of Trustees.

All engineering expenses that may be necessitated for the Planning Board site plan review process shall be assessed to the applicant seeking site plan approval and paid prior to issuance of a building permit. All engineering expenses required to assure or certify compliance with conditions of approval shall likewise be assessed to the applicant, or to the owner of the property. These costs shall include all aspects of site plan review as provided in Code § 140-5, of the site plan review, by a certified engineer designated by the Village Board of Trustees.

§ 30-15. Bonds in Escrow.

The Planning Board may require the applicant to post a bond in escrow for infrastructure work such as roads, sidewalks, storm drainage, water or sewer work for infrastructure that may later be deeded to the Village. Escrow shall be held until the infrastructure work is determined to meet established standards by a certified engineer or engineering firm designated by the Village.

AMENDED SECTIONS - Chapter 140 SITE PLAN REVIEW

(NOTE: Changes to current language are provided in brackets [ ].)

CHAPTER § 140-1 is hereby amended to read as follows:

Pursuant to Article 7 of the Village Law, the [Planning Board] of the Village of Menands shall review and approve, approve with modifications or disapprove site plans showing the arrangement, layout and design of the proposed use of land shown on such plan prepared in accordance with specifications set forth herein and/or in such regulations as may be duly adopted for such purpose by resolution of the Board of Trustees of such Village and any amendments thereof.

CHAPTER § 140-3 is hereby amended to read as follows:

No building permit or certificate of compliance shall be issued to any person, firm or corporation for the uses set forth in § 140-2 hereof unless and until the [Planning Board]

shall have approved the final site plan therefor pursuant to law and in accordance with its regulations duly adopted for such purpose.

CHAPTER § 140-4 is hereby amended to read as follows:

Prior to the issuance of a building permit for the construction or the modification or alteration of an existing building or structure for use as specified in the foregoing section and all related accessory uses, the Village Building Inspector shall require the preparation of a site plan by the applicant for such building permit in accordance with the rules and regulations, standards and procedures as adopted by the by the Board of Trustees, which he shall transmit to the [Planning Board] for its review and approval in accordance with such rules and regulations, standards and procedures.

CHAPTER § 140-5 is hereby amended to read as follows:

Such site plans submitted for the approval of the [Planning Board] shall include, where appropriate, elements thereof relating to the following areas, as well as such other information as may be required by its rules and regulations:

Parking areas
Means of access and access points
Screening
Signs.
Landscaping.
Architectural features
Location and dimensions of buildings and structures.
Any other features commonly considered accessory to the type of facility proposed.
Topography, including the applicants entire parcel and all properties, subdivisions, streets, watercourses and easements which pass through or are within one-hundred (100) feet of the site boundaries.
Existing watercourses and directions of drainage flow.
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 inches in diameter.

Any Special environmental or other considerations required by the [Planning] Board or other elements integral to the proposed development as considered necessary by the [Planning] Board, including design and construction standards to be followed in preparation of the site plan.
Impact of the proposed use on adjacent land uses.
Such other elements as may reasonably be related to the health, safety and general welfare of the community.

AMENDED SECTIONS – Chapter 148 SUBDIVISION OF LAND

Chapter § 148-3. Is hereby amended to read as follows:

Issuance of permit or certificate dependent upon approval of subdivision.

No building permit or certificate of compliance shall be issued to any person, firm or corporation in connection with any lot, plot, site or other division of land which is the result of a subdivision hereinabove defined unless and until said subdivision has received the approval of the [Planning Board] in accordance with the aforesaid subdivision regulations and design and construction standards.

AMENDED – Chapter § A172. SITE PLAN REVIEW REGULATIONS.

CHAPTER § A172-1 Sub. B. is hereby amended to read as follows:

B. The Building Inspector shall transmit [eight (8)] copies of the site plan and all related material to the [Planning Board] for its review and approval in accordance with the procedures and design and construction standards set forth in the following sections.

CHAPTER § A172-2 is hereby amended to read as follows:

Pre-application Conference

1. A pre-application conference between the applicant and the [Planning Board] shall be held to review the basic design concept of the proposed project. The applicant shall submit [eight (8)] copies of a statement describing what is proposed and a sketch plan showing the arrangement, layout and design of the proposed use of land.

The sketch plan shall be drawn to a scale of one inch equals 20 feet for properties of two acres or less and to a scale of one inch equals 50 feet for properties larger than two acres, unless the Village Board determines a different scale would be more appropriate.

The sketch plan shall show the following:

The applicant's entire parcel and all properties, subdivisions, streets, watercourses and easements which pass through or are within 100 feet of the site boundaries.
The location and dimensions of buildings, structures, parking areas, access points, signs, landscaping, architectural features and any other features commonly considered accessory to the type of facility proposed.

4. The pre-application conference may take place at [a regularly scheduled meeting of the Planning Board. A pre-application conference, not being a public hearing, shall not require public notice as required by a hearing.]

5. The [Planning Board] shall advise the applicant of the specific elements he must include, any special environmental or other considerations that he must address and the design and construction standards that he must follow in the preparation of the preliminary site plan.

B. Preliminary site plan submission.

(1) Except as may be modified by the [Planning Board] as a result of the pre-application conference, the preliminary site plan shall include [eight (8) copies of the following]:

a. The title of the drawing, including the name and address of the applicant or owner of record.

b. The North arrow, scale and date.

c. The name and address of the person, firm or organization preparing the site plan.

d. Boundaries of the property plotted to scale as specified in Subsection A(2) above.

e. Existing watercourses and the direction of drainage flow.

f. A grading and drainage plan, showing existing and proposed contours at two-foot intervals.

g. The location, proposed use and height of all principal and accessory buildings and structures.

h. The 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 inches in diameter.

i. Design and construction details of all the proposed site improvements cited in Subsection B(1)(h) above.

j. A designation of the amount of building area proposed for retail sales, offices or similar commercial activity in terms of gross floor area or gross leasable area in regard to a proposed shopping center.

k. A general landscaping plan and planting schedule.

(2) Other elements integral to the proposed development, as considered necessary by the [Planning Board], including identification of any required state or county permits.

(3) Should the site be susceptible to flooding, ponding or severe erosion, the applicant shall propose an acceptable solution(s) to these problems as part of his overall preliminary site plan submission.

(4) The preliminary site plan submission shall be accompanied by a written statement in which the impact of the proposed use on adjacent land uses and all other environmental considerations requested by the [Planning Board] are discussed and assessed by the applicant.

(5) An application for preliminary site plan review and approval shall be accompanied by a fee, [as established by resolution of the Board of Trustees, which fees may be amended from time to time by resolution.]

C. Factors considered in the review of a preliminary site plan.

1. The [Planning Board’s] review of a preliminary site plan shall include but is not limited to the following considerations, where appropriate:

(a) Full conformance with the requirements of these regulations and all applicable zoning provisions.

(b) The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, channelization structures and traffic controls.

(c) The adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.

(d) The location, arrangement, appearance and sufficiency of off-street parking and loading areas.

(e) The location, arrangement, size, design and general site compatibility of buildings, outdoor lighting and signs.

(f) The adequacy of stormwater and drainage facilities.

(g) The adequacy of water supply and sewage disposal facilities.

(h) The adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise deterring buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.

(i) The protection of adjacent properties against noise, glare, unsightliness or other objectionable features.

(j) The adequacy of fire lanes and other emergency zones and the provision of fire hydrants as necessary.

(k) Special attention to the design of buildings, structures and roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.

(l) In the case of townhouses or a multifamily building or complex, the adequacy of useable open space for play areas and informal recreation.

2. In its review, the [Planning Board] may consult with the Village Building Inspector, [an engineer or engineering firm designated by the Board of Trustees,] the Superintendent of Public Works, the Fire Chief or other Village and county offices, agencies of the state and federal government and private consultants.

3. The [Planning Board] may conduct a public hearing on the preliminary site plan. If a public hearing is [conducted], such public hearing shall be conducted within 60 days of receipt of the application for preliminary site plan approval and shall be advertised in a newspaper of general circulation in the Village at least five days prior to the date of the hearing.

D. Preliminary site plan approval.

(1) The [Planning Board] shall render a decision on the preliminary site plan within 60 days after the public hearing or after the application is filed if no hearing has been held.

(2) The Board's decision shall be in the form of a written statement to the applicant stating whether the preliminary site plan is approved, approved with modifications or disapproved.

(3) The Board's statement may include recommendations of desirable modifications to be incorporated in the final site plan. Conformance with such modifications shall be considered a condition of final site plan approval.

(4) Should the applicant's submission contain the additional material required for final site plan approval as detailed in Subsection E of this section and this additional material

is acceptable to the [Planning Board], the Board may give concurrent preliminary and final site plan approval at this stage of the site plan review process. In such case, the Board shall endorse its approval on a copy of the site plan and shall forward such copy to the Building Inspector, who shall then issue the building permit to the applicant. Payment of the final site plan application fee will not be required in this instance.

(5) If the preliminary site plan is disapproved, the Board's statement shall contain the reasons for disapproval. In such case, the Board may recommend further study of the site plan and resubmission of a preliminary site plan following revision or redesign.

E. Submission of a final site plan.

(1) After receiving approval, with or without modifications, from the [Planning Board] on a preliminary site plan, the applicant shall submit [eight (8)] copies of an application and the final detailed site plan to the Board for approval. If more than six months have elapsed since the time of the Board's action on the preliminary site plan and if the Board finds that conditions have changed significantly in the interim, the Board may require a resubmission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review.

(2) The final detailed site plan shall conform substantially to the approved preliminary site plan. It should incorporate any modifications that may have been recommended by the Board in its preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission.

(3) The following additional information and certification shall accompany an application for final site plan approval:

(a) A record of application for and approval status of all necessary permits from state and county officials.

(b) Detailed material specifications and construction details for all proposed improvements.

(d) The signature and seal of a licensed professional engineer, architect or surveyor or any combination thereof.

(4) An application for final site plan review and approval shall be accompanied by [a fee as established by resolution of the Board of Trustees, which fees may be amended from time to time by resolution.]

F. Final site plan approval. Within 60 days of receipt of the application for final site plan approval, the [Planning Board] shall render a decision to the Building Inspector.

(1) Upon approval of the final site plan and payment by the applicant of all fees, disbursements, whether reimbursable or not, costs and expenses due to the Village, the Board shall endorse its approval on a copy of the final site plan and shall forward such copy to the Building Inspector. The Building Inspector shall then issue the building permit to the applicant.

(2)(2) Upon disapproval of a final site plan, the Board shall so inform the Building Inspector and the Building Inspector shall deny a building permit to the applicant. The Board shall also notify the applicant, in writing, of its decision and its reasons for disapproval.

AMENDED – CHAPTER § A173 – SUBDIVISION REGULATIONS

CHAPTER § A173-1 is hereby amended to read as follows:

For the purposes of these regulations; the following words and terms shall have the meaning indicated:

BOARD – The Village of Menands [PLANNING BOARD].

SECTION 2. This Local Law shall take effect immediately upon its adoption

and filing pursuant to the requirements of the Municipal Home Rule Law.

Adopted: _______, 2010 William T. Smith, Jr.

ADOPTED: Trustee Grenier voting AYE

Trustee Lane voting AYE

Trustee Lansing voting NAY

Trustee Miller voting AYE

Mayor Coates

Trustee Lane moved seconded by Trustee Lansing a resolution adopting Local Law #4 amending Chapter 82-1 Garbage, Rubbish, Refuse and Recycling adding language about Dumpster Enclosure.

A LOCAL LAW OF

THE VILLAGE OF MENANDS

LOCAL LAW # ___ OF 2010

THE FOLLOWING SECTION SHALL BE ADDED

AMENDING CHAPTER 82-1

GARBAGE, RUBBISH, REFUSE AND RECYCLING

Be it enacted by the Board of Trustees of the Village of Menands as follows:

C. All multiple dwellings, office buildings, commercial, industrial, and educational entities in the Village of Menands, having garbage collection services provided by a private waste management service shall hereby be required to secure dumpsters in an approved dumpster enclosure area. Those entities, not having approved dumpster enclosures shall be required to comply within sixty (60) days of written notice, by the Village Building Inspector, Village Clerk-Treasurer, Menands Police Department, or the Board of Trustees, when delivered by classified mail.

D. Multiple dwellings, office buildings, commercial, industrial and educational entities currently in operation shall not be excluded from providing an approved dumpster enclosure. All such entities, currently having dumpster enclosures must meet the approved standards hereby identified in sub-sections 1 and 2 of this chapter. Dumpster enclosures must meet material, location and dimensional requirements described in subsection E of this chapter as determined by the Village Building Inspector. Those found to be not in compliance with this section must, upon written notice by the building inspector, correct any nonconforming enclosure within sixty (60) days of the date of a written notice when delivered by certified or registered mail, return receipt requested.

E. Owners of multiple dwellings, office buildings, commercial, industrial, and educational entities must submit location, dimensional, and proposed building material information along with site plans submitted for review and approval by the Village Building Inspector.

(1) Approved Dumpster Enclosure Materials

The following materials shall be considered appropriate for building or rebuilding of a dumpster enclosure:

(a) The quality of exterior materials shall be sufficiently durable to guarantee low maintenance, stability and a reasonable life span.

(b) Approved dumpster enclosure materials:

[1] Common red brick;

[2] Architectural masonry units (colored, textured, painted);

[3] Natural stone, stone veneer or cast stone;

[4] Wood (Painted or Stained);

[5] Plain vinyl or metal siding, provided the same is attached to a wood or other structure and maintained to comply with visibility standards;

[6] Imitation stone, plastic, composite or resin products, provided the same is attached to a wood or other structure and maintained to comply with visibility standards.

[1] Plain (bare) masonry units;

[2] Chain link fencing – unless such enclosure is to be screened and/or hemmed by landscaping in such a manner that the dumpster enclosure or, trash containers are not fully visible.

(2) Dumpster Enclosure Dimensional and Construction Requirements.

(a) The dumpster enclosure must be of sufficient height to ensure that the view of the dumpster is sufficiently obstructed from view and is designed to prevent refuse from being blown out of the dumpster enclosure area. The minimum height requirement is six (6) feet.

(b) The dumpster enclosure must be constructed, so as to withstand snow, ice, wind (of up to 60 mph), normal daily use, without being substantially destroyed and rendered ineffective as to its purpose.

(3) Penalty for Offense

Multiple dwellings, commercial, industrial and educational entities found not in compliance as provided within this section, shall be guilty of a misdemeanor. The fine for a violation after notice shall be $50.00 per day until compliance. Fines shall not exceed $3,000.00.

SECTION 2. This Local Law shall take effect immediately upon its adoption

and filing pursuant to the requirements of the Municipal Home Rule Law.

Adopted: _________, 2010 William T. Smith, Jr.

ADOPTED: Trustee Grenier voting AYE

Trustee Lane voting AYE

Trustee Lansing voting AYE

Trustee Miller voting AYE

Mayor Coates

A motion was made by Trustee Lansing seconded by Trustee Lane to adjourn.

ADOPTED: Trustee Grenier voting AYE

Trustee Lane voting AYE

Trustee Lansing voting AYE

Trustee Miller voting AYE

Mayor Coates

The meeting was duly adjourned at 9:21 P.M.

__________________________ William T. Smith, Jr.

Clerk - Treasurer

Date:

Mon, 04/05/2010 (All day)

User login

Village Board Meeting