Village Board of Trustees Meeting

Minutes of the regular meeting of the Village of Nyack Board of Trustees held at 7:30pm on Thursday May 14, 2020 at Nyack Village Hall, 9 N. Broadway, Nyack, New York Hon. Dr. Don Hammond Presiding: PRESENT Dr. Don Hammond Mayor Louise Parker Trustee Donna Lightfoot-Cooper Trustee Elijah Reichlin-Melnick Trustee ALSO PRESENT Walter Sevastian Village Attorney James Politi Village Administrator Jennifer Hetling Village Clerk/Treasurer ABSENT Marie Lorenzini Trustee Meeting called to order at 7:35pm Pledge of Allegiance As we continue to address our respective challenges associated with COVID-19, Village government continues to operate. And as there are matters the Village must continue to address as part of keeping the Village operational, our April 30, 2020 Village Board meeting remains as scheduled. As Village Hall is closed, the meeting will have to be held remotely (see below). We will be keeping the Agenda (see posting on website) to essential items. On March 7, 2020, in Executive Order No. 202.1, Governor Cuomo suspended certain provisions of the Open Meeting Law to permit a Village Board to meet and take actions authorized by law without permitting in public in-person access and authorizing such meeting to be held remotely by conference call or similar service, provided that the public has the ability to view or listen to such proceeding and that such meetings are recorded and later transcribed. The Village will be activating a remote meeting platform for the April 30th Village Board meeting, which will enable residents to phone in and listen to the meeting in compliance with the Executive Order. In the interests of the public's health and safety, the Village Board strongly encourages residents to utilize this platform. The Village Board appreciates your patience and understanding during this difficult and evolving situation. Please be sure to check in on the Village website for updates which will be posted on an ongoing basis. Adoption of Minutes March 12, 2020 - Motion by Elijah Reichlin-Melnick, seconded by Louise Parker to accept the motion as presented. Motion passed by vote of 4 – 1 (Trustee Lorenzini absent) April 30, 2020 - Motion by Donald Hammond, seconded by Donna Lightfoot-Cooper to accept the motion as presented. Motion passed by vote of 4 – 1 (Trustee Lorenzini absent) Public Comment - None Action Items Resolution No. 2020 – 32 Resolution of the Nyack Village Board to accept the Audited Voucher Summary #7-2020 Motion by Louise Parker, seconded by Elijah Reichlin-Melnick to accept the motion as presented. Motion passed by vote of 4 – 1 (Trustee Lorenzini absent) Resolution No. 2020 - 33 Resolution of the Nyack Village Board to approve the date of the Art Walk to be changed from June 19 – June 21, 2020 to October 2 – October 4, 2020 Motion by Donna Lightfoot-Cooper, seconded by Louise Parker to accept the motion as presented. Motion passed by vote of 4 – 1 (Trustee Lorenzini absent). Resolution No. 2020-34 Resolution of the Nyack Village Board to award the Camp Nyack contract to the Nyack Center Motion by Louise Parker seconded by Donna Lighfoot-Cooper to accept the motion as presented. Motion passed by vote of 4 – 1 (Trustee Lorenzini absent) Public Comment Joe Carlin – Asked if the board would be discussing opening Memorial Park to which Mayor Hammond replied that they would. Public Hearing – 8:00pm - Proposed local law to temporarily ban gas-powered leaf blowers during the NY Pause Plan Motion by Donald Hammond, seconded by Elijah Reichlin-Melnick to open the public hearing at 8:00pm. Attorney Sevastian explained that leaf blowers may play a part in spreading COVID-19 although there is no scientific evidence but the Board believes it has a potential. The law would be while the NY Pause is in effect only. This is not an overall ban on leaf blowers for specific times during the year. Public Comment on Public Hearing John Gromada – Stated that it’s a good time for this ban because residents and kids are trying to work from home and they are noisy and distracting. He also stated that leaf blowers stir the air and exasperate respiratory illnesses. John Carleo – Agrees with John Gromada that leaf blowers are an annoyance. Without any real data that leaf blowers help spread COVID-19 he feels that electric leaf blowers should be allowed since they are quieter. Asked if this would turn into a long-term ban later to which the Mayor responded that as of now it just during the NY Pause but the board could consider different time frames. Joe Carlin – Agrees with other comments but would ask that it be limited to gas-powered commercially used and not residents using their own personal leaf blowers. Laura Pakaln – It would be prudent to ban leaf blowers during the pandemic because is impacts people with breathing issues and could exasberate the COVID-19 spread. Lori Donald and Camille Braun – Supports the ban on leaf blowers through the pandemic for all the reasons stated by the others. Thinks that people may continue Billy Roues – Stated he has asthma and allergies and the leaf blowers also blow. During the pandemic, as a teacher, the noise is annoying. Even walking around its noisy. There should at least be certain times during the day when leaf blowers should be restricted on a long-term basis. Henry Rand and Beth Riso – They have been working from home and leaf blowers are noisy to the point that they have to change rooms while working to get things done without the distraction. They are proud that the Village is moving forward with this. There are fumes from the gas-powered leaf blowers that make them feel sick. Alexis Starke – The statistics on how bad leaf blowers are is crazy. They are not necessary and there are alternatives. Supports the ban. Laura Pakaln – Agrees that there are alternatives. Asked if there has ever been a study done regarding leaf blowers and the effect on people with asthma. John Gromada – Thinks a handout to give to landscapers would be a good idea. It should also be made available to the public so residents could also help with enforcement. John Carleo - thinks the handout is a good idea and it should be made bi-lingual. Board Discussion on public hearing Elijah Reichlin-Melnick - -Supports the ban on gas-powered leaf blowers. He would like it to remain in effect until the end of the school year or until the governor releases restrictions, whichever is longer. Agrees with only doing it for commercial uses and supports bi-lingual handouts. Donna Lightfoot-Cooper – Supports the ban for at least the rest of the school year and supports flyers informing people. Louise Parker – Supports the ban during the NY Pause. Stated she is ok with the ban to the end of the school year. She doesn’t think it should be limited to commercial uses, it should also include residential uses and the ban should also include both gas-powered and electric machines. Donald Hammond – Supports extending the ban until the end of the school year and if it remains an issue the board can review again. Elijah Reichlin-Melnick – Stated that he thinks the ban should extend to June 30 to which the board agreed. After discussion, the board decided the law would extend to June 30 for gas-powered leaf blowers only for both commercial and residential use. Motion by Donald Hammond, seconded by Donna Lightfoot-Cooper to approve the local law with the above stipulations. Motion passed by a vote of 4-1 (Trustee Lorenzini absent) Motion by Donald Hammond, seconded by Elijah Reichlin-Melnick to close the public hearing at 8:38pm. Department Reports to the Board of Trustees Orangetown Police Department – The police are doing a good job during this rough time. Village Attorney – Continues to monitor the state’s guidelines regarding re-opening. The land use boards will soon start to hold meeting remotely. Village Administrator – All offices in the building are open but the building remains closed to the public. The Broadway TAP project as well as the water main projects are out to bid. The footbridge is almost done. Nyack Parking Authority was started ticketing for the 3-6am rule in the downtown area only. Village Clerk – Treasurer – None Old Business Board discussion of opening Memorial Park - Trustee Reichlin-Melnick stated that the opening should follow along with the NYS guidelines on re-opening - Trustee Lightfoot-Cooper stated that she agrees with Trustee Reichlin-Melnick. She said that there are still a number of people not following social distancing rules and wearing masks. Since the park is small it’s harder to distance so the park should remain closed. - Trustee Parker continues to want the park to remain closed Communications Request from Donna Avdoyan for a refund of her food truck permit fee due to COVID-19 Motion by Donald Hammond, seconded by Donna Lightfoot-Cooper to refund the permit fee to Donna Avdoyan. Motion passed by a vote of 4-1 (Trustee Lorenzini absent) Public Comment Comments from the Village Board of Trustees Elijah Reichlin-Melnick – Appreciates everyone that are making masks. Happy that the farmers market opened up. Stated that there are still people that need food and we need to support the non- profits that are helping people. Louise Parker – Thanked the DPW for all they do everyday. The food donation from the McCourty twins went very well giving food to 230-240 families. Donald Hammond – Stated that there may be grant money available with no match for COVID-19 type expenses. He will work with Village Administrator James Politi and Sylvia Welch to see if it’s something that the Village can apply for. People in the community have really stepped up and it’s a privilege to be a part of it. The Village staff has also been amazing with their response and hard work. Donna Lightfoot-Cooper – Proud to be living in the Village and seeing how people are helping each other. Adjournment Motion by Donna Lightfoot-Cooper, seconded by Louise Parker to adjourn the Village Board meeting at 8:47pm. Motion passed by unanimous vote.