Village Board of Trustees Meeting

Minutes of the regular meeting of the Village of Nyack Board of Trustees held at 7:30 on Thursday, October 28, 2021. Present Dr. Don Hammond Mayor Louise Parker Trustee Donna Lightfoot-Cooper Trustee Marie Lorenzini Trustee Joseph Rand Trustee Also Present: James Slaughter Village Administrator Lise J Chanin Village Clerk Treasurer Walter Sevastian Village Attorney Pledge of Allegiance Don Hammond read a statement regarding ongoing issues with the engineering designs on the Adoption of Minutes – October 14, 2021 A motion to approve the Minutes of October 14, 2021 was offered by Joseph Rand, seconded by Louise Parker. The motion was approved by a vote of 5 yeas; 0 nays. Public Comment – Discussion of Action Items Only. Action Items: Resolution No. 2021—70 A resolution of the Nyack Village Board to approve the Abstract of Audited Claims as presented by the Village Clerk Treasurer. A motion to approve the Abstract of Audited Claims as presented was made by Don Hammond, seconded by Louise Parker. The motion was approved by a vote of 5 yeas; 0 nays. Public Comment Andrea De Vitta asked about the cleaning up of the property on Gedney St.—Don Hammond that the Village contacted keeping property clean. Lisa Buckley, 22 Burd St. reported 6-7 lights out on Burd and in the Artropee Lot. Don Hammond the Village is looking into the outage. John Gromata, 8 First Avenue, Nyack reports that he has heard that some lots on Gedney had been sold.—Don Hammond reported that the Village has not received any information on that. Page 1|7 Public Hearing-8:00 pm A local law to amend the Zoning Map of the Village of Nyack, as referred to in Section 360-2.2 of the Code of the Village of Nyack to rezone and reclassify a parcel on Catherine Street (also known as 60 Catherine Street) and indicated on the tax map of the Village of Nyack as Section 65.36, Block 2, Lot 30 from DMU-2 (Downtown Mixed Use-2) to TFR (Two Family Residential) A motion to open the Public Hearing was offered by Louise Parker, seconded by Marie Lorenzini. The motion was approved by a vote of 5 yeas, 0 nays. Village Attorney, Walter Sevastian provided the background info that the property in question a 2 family home and is surrounded by a residential zone and but is classified as mixed use zone. The law will reclass it to a 2 family residential district. There was no public comment. A motion to close the Public Hearing was offered by Don Hammond, seconded by Louise Parker. The motion was approved by a vote of 5 yeas, 0 nays. Resolution No. 71 of 2021 to adopt Local Law to follow Public Hearing. A motion to adopt the Local Law was offered by Don Hammond, seconded by Louise Parker. The motion was approved by a vote of 5 yeas, 0 nays. Public Hearing: 8:30 pm A new Chapter 150 of the Village Code, entitled “Cannabis”, initially for the purpose of requesting that the N.Y.S. Cannabis Control Board prohibit the establishment of retail dispensary licenses and/or on-site consumption licenses as referenced in the New York State Marijuana Regulation and Taxation Act. A motion to open the Public Hearing was offered by Don Hammond, seconded by Joseph Rand. The motion was approved by a vote of 5 yeas; 0 nays. Walter outlined the intent of the Marijuana Regulation and Taxation Act. There are provisions in the law that effect local municipalities with regards to retail dispensaries and onsite consumption. The delay at the State in appointing members to the Cannabis Control Board and the Office of Cannabis Management to regulate the use, sale and consumption of cannabis has created hole in how dispensaries & consumption establishments will be operating. Zoning is not in place in the Village for the cannabis. He expects that the Cannabis Control Board to operate similar to the State Liquor Authority. He feels given the lack of guidance from the State it would be prudent to opt out and because if the option to opt out is not is not done by the end the 2021 calendar year, the Village would not be able to opt out. Taylor Mandelbaum, 19 Dickenson Avenue, Nyack John Gromada, 8 First Avenue, Nyack was concerned about the loss of a new potential revenue stream from the would be a part of sale of cannabis. In addition, that opting out would result in the entrepreneurs in the industry would pass Nyack by as a potential location. He added that in the states where dispensaries were allowed the neighborhoods were not negatively impacted. Page 2|7 Daniel Jean-Gilles, 86 Third Avenue, Nyack spoke in support of the previous speakers regarding the revenue possibilities that opting in could produce. He also pointed out that if there is no legal sales location available for people to purchase then the black market sales and accompanied crime would definitely negatively impact the local neighborhood. He also pointed out that the industry will be regulated at the state level similar to alcohol and cigarette sales are regulated. Alison Kirchofer, 19 South Mill Street, Nyack questioned if the opting out was a temporary measure to frame the zoning regulations that would be necessary. She advised that she is a Cannabis CPA. She also raised concerns about the negative impact on tourism income not opting in could bring. She advised people to check out www.normal.org as it is a good resource on the industry. Don Hammond advised the intention was to eventually opt in at a later date. Lisa Buckley, 22 Burd Street, Nyack echoed the comments of the previous speakers and expressed concern that the issue would languish and would hope the Board could define definite time frame to the zoning work that would need to be done. She also pointed out that there are many empty store fronts in the commercial district and the establishment of a dispensary could be part of a revitalization effort. Astrid Jean-Giles, 86 Third Avenue, Nyack advised that she has never felt any concern for her safety in the dispensaries in other states that she has visited. She urged the board not to close off a potential revenue flow, and felt that opting in would benefit the community. Rick Tanenbaum 105 Mountainview, Valley Cottage advised the Board that he is the cannabis columnist for the Rockland County Business Journal He advised the Board that the State might look to limit licenses in the future and that not going in at the beginning could result in a delay in licensing. He pointed out that the State only licensed 38 Medical Dispensaries to serve 20 Million people. He gave the static that in other states cannabis dispensaries generate $986/sq. ft. so a 1500 sq. ft. dispensary could generate $1.5 million in revenue which would come to the Village through taxes. Sean Mack, 5 Duryea Place, Nyack urged the Board not to wait for the State, local zoning changes should begin. He works with New Jersey cannabis establishments and advises that the entrepreneur will pass Nyack by if the Village opts out. Village Attorney, Walter Sevastian advised that the State will be regulating the owners, the zoning will be the responsibility of the Village. At this time the amount of local control is uncertain. John Gromada asked if the intention was to wait for the state regulations. Don Hammond that their concern was over zoning changes that would need to be made. James Ross spoke in favor of dispensaries. If there is no legal place to purchase then the black market will continue to flourish. Village Board Trustee Donna Lightfoot-Cooper thanked everyone for attending and providing their comments. Their input has given her a lot to think about. Trustee Joseph Rand pointed out that the earliest that a dispensaries could appear would be in 2023. Yonkers and New Rochelle have yet opted out but many of the surrounding municipalities have. He also thanked the attendees for all their thoughts. Page 3|7 Trustee Marie Lorenzini also thanked the public for their thoughts as they were very enlightening. She feels that in the interest of doing due diligence the Village should opt out at this time. Trustee Louise Parker also thank the public and expressed concern about the revenue but the Board has to consider the overall impact on the community. This is a difficult moral issue for her. Mayor Don Hammond advised that they will not close the hearing and would reconvene on Thursday November 18, 2021 at 8:00 pm. Resolution No. 72 of 2021 to adopt Local Law to follow Public Hearing. No action taken. Department Reports to the Board of Trustees (based on availability) Orangetown Police Department—none. Village Attorney Walter Sevastian reported that Court was back in session. 51 Broadway was before the ARB and their latest design was deemed acceptable, they are now in the permitting process. The deed for the Hudson St property has been filed at the Rockland County Clerk’s office. A question was raised about the property at 9w & Main that needs to be cleaned up. Mr. Sevastian will notify the Building Department to inspect and issue a violation if necessary. Village Administrator James Slaughter reported to the Board on that work the Hudson St CBDG grant should begin the first week of November, weather permitting. Once the deed for Hudson Street is received he will move forward on the Request for Proposal (RFP) to address the culvert issue. Work on a temporary solution to the sink hole at 24 Catherine St has begun the he is exploring permeant solution to the issues. He updated the Board on his efforts to improve operational. He plans on upgrading all departments to “Office 365”; develop a Logo to appear on all documents, memos and business cards; he is also working on developing standard language for written communications and voice mail greetings and messages. Building Department—none. Parking Authority—none. Water Commission—none. Village Clerk – Treasurer—none. Old Business Nyack Boat Charter Review. Don Hammond outlined the request from the current concession holder. 1. He was looking to have the contract in place sooner than was usual in the past; 2. He also would like to increase the term from a 2 year contract to a five year contract; 3. And be able to promote his business. Page 4|7 Board was polled and they were not inclined to agree to items 2 & 3. Joseph Rand remarked that while he understood the reasoning behind the request, given the fluid situation on the future of the Marina it may not be appropriate. He also suggested that the contract should contain stronger language that outlines what sort of activities are allowed and contains a mechanism to terminate the contract should issues arise. Walter Sevastian advised the Board that this was a concession and that the Board would be in its rights to put up a Request for Proposal that would contain the stronger language suggested by Trustee Rand. The contract would have to go out to bid in any case. Mayor Hammond, Walter Sevastian & James Slaughter will work on a revised Request for Proposal (RFP) for the Charter concession. New Business Airbnb Regulations. The Board decided to do a Workshop on December 9, 2021. TAP Project Update The design of the island at the crosswalk at Fifth Avenue and Broadway as raised some issues for Large Emergency Vehicles and the Village’s Large Vehicles. James Slaughter presented the Board with three (3) options to consider 1. Leave as is—which is the cheapest option at no additional cost 2. Narrow and shorten the island to accommodate the turning radius of the large vehicles—at accost of $20,000.00 to $25,000.00 3. Use bump outs to shorten the crosswalk on the south side of the intersection—at a cost of $50,000.00 to $80,000.00. Jonathan Abrams, DPW Supervisor advised the Board that they had already planned alternate routes to eliminate that right turn. Louise Parker & Marie Lorenzini felt the bump outs would be the best solution. The Board unanimously approved Option 3. Communications Request for 30 day waiver from Dragon Den & Dungeon Hall LLC. Motion to approve 30 day was offered by Joseph Rand, seconded by Donna Lightfoot-Cooper. The motion was approved by a vote of 3 yeas to 2 nays. Peddler License Application from Bird & Bison Food Truck. Frank de Nardo informed the Board that he was hoping to be licensed for the Memorial Park 2022 season. The Board will consider and get back to him. Letter from Unit owners of 51 N Broadway regarding concerns about the Broadway Streetscape project. James Slaughter advised the Board that some of the issues have been addressed Page 5|7 Request to hold a Swim across the Hudson Event in September 2022. James Slaughter and Lise Chanin will follow up with applicant to get further information. Letter requesting the Board consider modifications to the Village Zoning Code regarding outdoor fireplaces/fire pits. Village Attorney Walter Sevastian advised that the Village Code was more restrictive than the State Code and any change would require Legislative Action. A motion to schedule a Public Hearing on a Local Law to amend the Code on November 18, 2021 at 8:30 was offered by Don Hammond, seconded by Donna Lightfoot-Cooper. The motion was approved by a vote of 5 yeas; 0 nays. Letter regarding the calculation of Building Department fees. The letter was referred to the Building Inspector for review of fees and provide a report to the Board. Letter requesting the Board consider modifying the Village Zoning Code to allow roof top dining in the M Zoning District. The idea has been referred to the Planner for a report. Request to Place a Menorah in Hezekiah Easter Veterans Memorial Square in observance of Chanukah. Motion to approve the placement of the Menorah was offered by Don Hammond, seconded by Louise Parker. The motion was approved by a vote of 5 yeas; 0 nays. Don Hammond advised that a request to place a Crèche at the Hezekiah Easter Veterans Memorial Square came in after the publication of the agenda. A motion to approve the placement of a Crèche was offered by Don Hammond, seconded by Louise Parker. The motion was approved by a vote of 5 yeas; 0 nays. Public Comment Comments from the Village Board of Trustees Marie Lorenzini expressed the hope that the rains would hold off for Saturday’s scheduled “Halloween Promenade” and Concert. Don Hammond advised that the concert would be postponed should there be rain. He advised that he, Louise Parker, and Marie Lorenzini were able to attend the Pastor Installation Celebration of the 7th Day Adventist Church. Louise Parker & Donna Lightfoot-Cooper had no comments. Executive Session - For personnel issues related to Village Hall operations. At 9:53 a motion to move to executive session was offered by Joseph Rand, seconded by Louise Parker. The motion was approved by a vote of 5 yeas; 0 nays. Page 6|7 Adjournment Motion to move out of Executive session was offered by Donna Lightfoot-Cooper, seconded by Marie Lorenzini. The motion was approved by a vote of 5 yeas; 0 nays. A motion to adjourn the meeting was offered by Joseph Rand, seconded by Louise Parker. The motion was approved by a vote of 5 yeas; 0 nays. Page 7|7