Village Board of Trustees Meeting

Village of Nyack 9 North Broadway, Nyack, NY 10960 Village Board of Trustees Meeting August 8, 2019 7:30pm Agenda 1. Pledge of Allegiance 2. Nyack Thanks – 3. Adoption of Minutes – June 27, 2019 and July 11, 2019 4. Public Comment – Discussion of Action Items Only – 3 Minute Time Limit 5. Action Items: 5.1. Resolution No. 2019 – 62 Resolution of the Nyack Village Board to accept the Audited Voucher Summary #14-2019 5.2. Resolution No. 2019 – 63 Resolution of the Nyack Village Board to authorize the implementation, and funding in the first instance 100% of the federal-aid (and State Marchiselli Program-aid) eligible costs, of a transportation federal-aid project, and appropriating funds therefore. – (phase one of the Safe Routes to School grant) 5.3. Resolution No. 2019 – 64 Resolution of the Nyack Village Board to change the name of Aldine Lane to Aspinwell Court 5.4. Resolution No. 2019 – 65 Resolution of the Nyack Village Board to adopt local law 6 of 2019 to amend Chapter 187 of the Code of the Village of Nyack as pertains to filming applications 6. Public Comment – Open Public Discussion / Any Topic – 3 Minute Time Limit  8:00pm 7. PUBLIC HEARING To re-name Aldine Lane pursuant to 6-614 of the New York State Village Law 8:15pm To amend Chapter 187 of the Code of the Village of Nyack, entitled “Filming” 8. Department Reports to the Board of Trustees 8.1. Orangetown Police Department 8.2. Village Attorney 8.3. Village Administrator 8.4. Village Planner / Building 8.5. Village Clerk - Treasurer 8.6. Public Works 8.7. Sustainability Coordinator 8.8. Parking Authority 9. Old Business 10. Communications - Request from Lisa Retallack to host the “OCADA Community Party & Big Screen Movie” on September 7, 2019 from 6pm to 10pm for approximately 500 people - Request from Linda Belnick for a refund $4.50 for an overpayment caused by unfamiliarity with the new parking meters. - Request from Nursery School of the Nyacks to host a fall pumpkin patch fundraiser at the Veteran’s Park gazebo on October 12, 2019 from 10am-3pm - Request from Andrea Paul to have a park bench near the skate park dedicated to Robert Andrews  - Letter from Brooke Malloy rescinding the request of the Rockland County Pride Center to use Memorial Park on September 28, 2019 for a community picnic and instead requesting to host a block party on the same date on Jackson Ave. directly parallel to the Pride Center. 11. New Business - Discussion about the party at the Pretty Penny 12. Public Comment – Open Public Discussion / Any Topic – 3 Minute Time Limit 13. Comments from the Village Board of Trustees 14. Executive Session 15. Adjournment  RESOLUTION OF THE NYACK VILLAGE BOARD A regular meeting of the Nyack Village Board was convened on August 8th, 2019 At 7:30pm Resolution No. 2019-62 RESOLUTION OF THE NYACK VILLAGE BOARD ACCEPTING AUDITED VOUCHER SUMMARY #14-2019 WHEREAS, the Audited Voucher Summary #14-2019 was presented to the Nyack Village Board of trustees at its regularly scheduled meeting of August 8th, 2019. NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE NYACK VILLAGE BOARD AS FOLLOWS: RESOLVED, that General Fund Claims set forth on pages 1 through 22 in the amounts of General Fund - $438370.40 Water Fund - $7,092.78 Capital Projects - $14,806.62 as set forth on Audited Voucher Summary #14-2019 dated August 8th, 2019 as submitted by the Village Clerk/Treasurer, are hereby approved. The question of the adoption of the foregoing Resolution was duly put to a vote, which resulted as follows: Yea Nay Abstain Absent Mayor Hammond [ ] [ ] [ ] [ ] Trustee Parker [ ] [ ] [ ] [ ] Trustee Lightfoot-Cooper [ ] [ ] [ ] [ ] Trustee Reichlin-Melnick [ ] [ ] [ ] [ ] Trustee Lorenzini [ ] [ ] [ ] [ ] Jennifer Hetling, Village Clerk/Treasurer  RESOLUTION OF THE NYACK VILLAGE BOARD A regular meeting of the Nyack Village Board was convened on August 8th, 2019 At 7:30pm Resolution No. 2019-63 RESOLUTION OF THE NYACK VILLAGE BOARD Authorizing the implementation, and funding in the first instance 100% of the federal-aid [[[and State "Marchiselli" Program-aid]]] eligible costs, of a transportation federal-aid project, and appropriating funds therefore. WHEREAS, a Project for the Safe Routes to the Nyack Middle School in the Village of Nyack, Rockland County, PIN 8762.47 (the “Project") is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds; and WHEREAS, the Village of Nyack desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of preliminary engineering and right-of-way incidentals. NOW, THEREFORE, the Nyack Village Board, duly convened does hereby RESOLVE, that the Nyack Village Board hereby approves the above-subject project; and it is hereby further RESOLVED, that the Nyack Village Board hereby authorizes the Village of Nyack to pay in the first instance 100% of the federal and non-federal share of the cost of preliminary engineering and right-of- way incidental work for the Project or portions thereof; and it is further RESOLVED, that the sum of $571,000 is hereby appropriated from capital projects fund made available to cover the cost of participation in the above phase of the Project; and it is further RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Nyack Village Board shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the Village Administrator thereof, and it is further RESOLVED, that the Nyack Village Administrator be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or applicable Marchiselli Aid on behalf of the Village of Nyack with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first instance funding of project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and it is further RESOLVED, that in addition to the Village Administrator, the following municipal titles: Mayor, Village Engineer, are also hereby authorized to execute any necessary Agreements or certifications on behalf of the Municipality/Sponsor, with NYSDOT in connection with the advancement or approval of the project identified in the State/Local Agreement; RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and it is further RESOLVED, this Resolution shall take effect immediately. STATE OF NEW YORK ) ) SS: COUNTY OF ROCKLAND ) I, Jennifer Hetling, Clerk of the Village of Nyack, New York, do hereby certify that I have compared the foregoing copy of this Resolution with the original on file in my office, and that the same is a true and correct transcript of said original Resolution and of the whole thereof, as duly adopted by said Village of Nyack Board of Trustees at a meeting duly called and held at the Village Hall located at 9 North Broadway in the Village of Nyack on August 8, 2019 by the required and necessary vote of the members to approve the Resolution. WITNESS My Hand and the Official Seal of the Village of Nyack, New York, this 9th day of August, 2019. _______________________________________________ Clerk, Village of Nyack Local Law # 6 of 2019 RESOLUTION OF THE VILLAGE OF NYACK BOARD OF TRUSTEES STATE OF NEW YORK COUNTY OF ROCKLAND: VILLAGE OF NYACK --------------------------------------------------------------------X In the Matter of the amendment to Chapter 187 of the Code of the Village of Nyack as pertains to Filming applications RESOLUTION --------------------------------------------------------------------X WHEREAS, the Village Board of the Village of Nyack has noticed a Public Hearing with regard to a proposed amendment to regulate the processing and regulation of Filming applications permits within the Village of Nyack; WHEREAS, a Public Hearing on the adoption of the proposed amendment to this aspect of the building permit process was held at a regularly scheduled meetings of the Board of Trustees held on August 8, 2019; WHEREAS, at least 10 days prior to the initial Public Hearing notification of same was published in the Rockland County Journal News; WHEREAS, the Village Board of Trustees had made and published initial SEQRA review of the proposed amendments and found as follows: 16. That the proposed Village Code amendment was subject to SEQRA (NYCRR §617.6[a][1][i]) as an “Action”. 17. That the proposed Village Code amendment did not involve a Federal agency (NYCRR §617.6[a][1][ii]). 18. That the proposed Village Code amendment did not involve one or more other agencies (NYCRR §617.6[a][1][iii]); since an “Involved Agency” is defined by NYCRR §617.2 as an agency that has jurisdiction by law to fund, approve or directly undertake an action. 19. That the proposed Zoning Code amendment had a preliminary classification as a “Type II” action under SEQRA under NYCRR 617.5 (27), since the change in the filming regulations merely constituted the adoption of a regulation by local legislative decision in connection with the issuance of filming permits. 5. That it was the intention of the Village Board of Trustees to establish itself as the Lead Agency for the purpose of review of the proposed action under the provisions of the State Environmental Quality Review Act (SEQRA); THEREFORE BE IT RESOLVED, that the Village Board of Trustees hereby establishes itself as the Lead Agency for the purpose of review of the proposed action under the provisions of the State Environmental Quality Review Act (SEQRA), and makes the following finding under NYCRR §617.7[c] with respect to the impact of the of the proposed amendment to the Village Code on the environment: 1) That this action shall not have any significant impact upon the environment as it only relates to filming permit processing. 2) That the Nyack Village Board designates the Village Code amendment under consideration a Type II Action under SEQRA which requires no further action under the SEQRA regulations (see NYCRR 617.5(26)). BE IT FURTHER RESOLVED, the Village the Board of Trustees approves the amendments to Village Code Chapter 187 as proposed. This resolution was adopted by a unanimous resolution of the Board of Trustees at the regular meeting of the Board on August 8, 2019.  RESOLUTION OF THE NYACK VILLAGE BOARD A regular meeting of the Nyack Village Board was convened on August 8th, 2019 At 7:30pm Resolution No. 2019-64 RESOLUTION TO CHANGE THE NAME OF ALDINE LANE TO ASPINWELL COURT WHEREAS, the residents of the private road known as Aldine Lane have asked the Village Board to consider re-naming the road as emergency services personnel have had difficulty finding the homes on Aldine Lane because of its proximity to Aldine Park. New York State Village Law 6-612 allows a Village Board to, by resolution, to provide for the naming, laying out, altering, widening, narrowing, discontinuing or accepting the dedication of any street in the village; and WHEREAS, the Village Board is desirous of re-naming Aldine Lane so as to ameliorate the confusion that emergency services personnel have in locating houses along that private road; and WHEREAS, that the Village Board, as lead agency for the purpose of a SEQRA review of this action, an “Unlisted action” under SEQRA, determines that it would not cause (1) a substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in potential for erosion, flooding, leaching or drainage problems, (2) the removal or destruction of large quantities of vegetation or fauna or cause substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant habitat area or substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to natural resources, (3) the impairment of the environmental characteristics of a Critical Environmental Area, (4) the creation of a material conflict with a Nyack's LWRP, current plans or goals as officially approved or adopted, (5) the impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character, (6) a major change in the use of either the quantity or type of energy, (7) the creation of a hazard to human health, (8) a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses (the Board notes that there are no development proposals for Aldine Lane pending), (9) the encouraging or attracting of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action, (10) the creation of a material demand for other actions that would result in one of the above consequences, or (11) changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a substantial adverse impact on the environment; NOW THEREFORE, BE IT RESOLVED, based on the foregoing findings of the Board of Trustees as to the lack of any environmental impact resulting from the renaming of Aldine Lane, that the Board adopts a Negative Declaration under SEQRA finding that the proposed action will have no adverse environmental impact; and BE IT FURTHER RESOLVED that the Village Board has determined that the public health, safety and welfare will be protected, and that the public interest requires renaming Aldine Lane to “Aspinwell Court” ; and BE IT FURTHER RESOLVED that the Village Board directs the Village Administrator to interface with the office of Rockland County Emergency Services, E-911, and whatever other municipal agencies are necessary to effectuate the name change referred to in this Resolution Upon the motion of Trustee _________________, seconded by Trustee ______________, and by a vote of ____ to ____, the foregoing Resolution was adopted by the Nyack Village Board at its regularly scheduled Board meeting of August 8, 2019.