Village Board of Trustees Meeting

Minutes of the regular meeting of the Village of Nyack Board of Trustees held at 7:30 on Thursday, November 18, 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 Adoption of Minutes – October 28, 2021 A motion to approve the Minutes of October 28, 2021 was offered by Don Hammond, seconded by Donna Lightfoot Cooper. The motion was approved by a vote of 5 yeas; 0 nays. Public Comment – Discussion of Action Items Only None Action Items: Resolution No. 75 of 2021—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 was offered by Louise Parker, seconded by Marie Lorenzini. The motion was approved by a vote of 5 yeas; 0 nays. Resolution No. 76 of 2021— A resolution of the Nyack Village Board approving the submission of 2021 unpaid taxes to Rockland County for relevy A motion to approve the submission of the Abstract of unpaid taxes was offered by Don Hammond, seconded by Donna Lightfoot Cooper. The motion was approved by a vote of 5 yeas; 0 nays. Public Comment Steve Cea, 137 Sixth Avenue, reported to the Board about fall tree planting done on November 6, 2021 by the Nyack Tree Committee. Twenty Eight trees were planted on Sickles Avenue. These trees will help reduce carbon in air. He thanked the Village Board and the Department of Public Works for the support of the program. Vishal Greenway, 51 N Broadway, spoke about the Garbage Collection at the Nyack Plaza Community Housing, there are large piles of garbage at the facility and it appears they do not receive regular garbage collection. Mayor Hammond advised the Village will raise the issue with the property owner. He also complained about speeding on Piermont Avenue. Mayor Hammond advised that the Village continues to work on mitigating speeding issues across the Village. Paula Smith questioned the project on North Broadway between Fifth & Sixth Avenues and was concerned about tax impact. Mayor Hammond advised that is part of a State Grant program to calm high traffic area. The work has been bonded as well. Public Hearing-Continuation: 8:00 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. Walter Sevastian, Village Attorney advised the Board that they have the options on opting out, they could approve sales and not on site consumption if they wish. The Planner has provided a memo on the zoning impacts. Zoning changes could be in place in three to four months. Conor MacCallum-Finkelman, 31 East Catherine St, thought opt out at this point and any decision to opt in should go to a referendum. David Soderlund, 22 Burd St, expressed concern that by opting out the Village could miss out on a new revenue source. Allison Kirchofer, S Mill Street, suggested that the Board establish a Cannabis Advisory Committee. She also felt this is a public health issue and that regulated dispensaries would help reduce illegal sales. Clare Finkelman, felt that the regulations from the State were unclear and the Village should opt-out. Taylor Mandelbaum, 19 Dickenson, as any dispensaries or onsite consumption locations are 18-24 months away, the Village has plenty of time to craft the local zoning requirements and direction from the State isn’t likely to provide clear direction given what has happened in other states that have legalized cannabis sales and the Village should opt-in. Astrid Jean Gilles, 86 Third Avenue, opting out would reduce financial opportunities for minority community and dispensaries would provide safe products in addition to curbing illegal sales. In addition she views this as an equity issue for the minority community. She encouraged the Board to opt-in Emily Feiner, felt that dispensaries could provide an economic revitalization of business district the Village should opt-in. She is a substance use professional and she supports opting in. Deidre McCallum, 31 Second Avenue thought the Village should opt-out at this point. Rebecca Pressman, 80 Burd St, as the State statue provides the ability for local municipalities to provide reasonable zoning restrictions, the Village should opt-in. Jacquelyn, S Mill St., opting out would restrict financial opportunities that could help minority communities. Meryl & Rodger Hirsch, Upper Nyack, advised resident to visit dispensaries in nearby states that already have legalized cannabis. The sales locations are very safe, and provide unadulterated product. Vishal Greenway, 51 N Broadway, opting in would provide safe product and provide additional revenue to the Village. Daniel Zaziel, 86 Third Avenue, urged the Village not to turn its back on the potential revenue. Michelle Adams, South Nyack, this is an economic decision, which the Village should take advantage. Janice Cohen, 57 Third Avenue, the Village will see economic benefits should it opt-in. Mayor Don Hammond proposed the following process: The Public Hearing will be closed tonight and a Decision will be made at the December 9, 2021 Village Board meeting. The trustees all agreed with the process. A motion to close the Public Hearing was offered by Don Hammond, seconded by Marie Lorenzini. The motion was approved by a vote of 5 yeas; 0 nays. Public Hearing: 8:30 pm A Local Law to amend Article III, Chapter 196 of the Village Code, entitled “General Fire Safety Requirements”, for the purpose of permitting outdoor fires in outdoor fireplaces. A motion to open the Public Hearing was offered by Don Hammond, seconded by Louise Parker. Motion as approved by a vote of 5 yeas; 0 nays. Village Attorney, Walter advised the Board that current Village of Nyack regulations were more restrictive than the State Statute. A draft law has been prepared. Taylor Mandelbaum, 19 Dickenson, spoke in favor of the change in the regulations. Lori Fellner, Midland Avenue, thanked the Board for reviewing the current regulations to allow resident to be able to enjoy their outdoor fireplaces. Don Hammond outlined the following process to move forward: As the Village is still awaiting a response from the Fire District, the Public Hearing should be held open. The trustees agreed with the proposed process. Public Hearing will be continued on the December 9, 2021 scheduled Board Meeting. Department Reports to the Board of Trustees (based on availability) Orangetown Police Department Village Attorney—Village Attorney Walter Sevastian presented his report. He advised on the following: Justice Court Sessions are ramping up The Planner has provided a memo on allowing rooftop dining in the M zone by special permit. He is ready to move forward on short-term rental regulations. The State has added a new section of the Executive law of New York regarding an upgrading local code enforcement expands responsibly for local municipalities. Village Administrator Village Administrator, James Slaughter presented his report. There has been progress Broadway TAP project sidewalk has been poured today. He is working with the project engineers and contactor to ensure the problems do not arise again. He has visited the South Nyack DPW look to the feasibility of purchasing some equipment and possibly of purchasing the building itself. He will prepare a report for the Board. Joseph Rand recused himself from the potential purchase of the property. Building Department Parking Authority—September Financial Report Water Commission Village Clerk – Treasurer-working on six month review. Old Business Rooftop Dining Village Attorney, Walter Sevastian, advised the Board that the property in question is in the M zone and based upon the memo from the Planner it appears that property is in the only zone that it would be feasible. The Board asked the Village Attorney to move forward with the process. New Business Joe Rand proposed amendment to move the promenade from December Communications Nyack Chamber of Commerce request for Street Use and Free Parking for 2022 Events and 2021 Holiday Parking. Don Hammond requested that the ACADA request should be put together with the Cambers request for the approval of Street Fair Dates, the Board concurred. A motion to approve the dates only for the Street Fairs and 4 free lot parking dates proposed by the Chamber of Commerce and ACADA was offered by Don Hammond, seconded by Louise Parker. The motion was approved by a vote of 5 yeas; 0 nays. Soup Angels request to recess curb on Burd to facilitate access to existing ramp at the First Reformed Church. The Board asked Village Administrator, James Slaughter to visit the site and ascertain feasibility and costs and report back to the Board. Request from resident to install Stop Sign on Third Avenue at the intersection with Marion Street. Request for a 30 Day waiver from Dakino, LLC/Kavos Grill. Request was denied. Request from John Neives for a refund on 68 S Broadway & 19 Hudson Avenue. Village Attorney, Walter Sevastian advised the Board that there was no legal basis for a refund. ACADA Proposed 2022 Street Fair dates and street closure request. See above. Memo from the Building Inspector re Comito Request. Mr. Comito should file a Zoning Board of Appeals for an interpretation. Joseph Rand recused himself from the discussion. Public Comment Janice Cohen, 57 Third Avenue spoke in support of the Roof-Top Dining. Comments from the Village Board of Trustees. Louise Parker reported the parade committee is working on the African-American Day parade on June 4th, rain date June 11th. They would like to use the same route that was used 2 years ago, starting at the Park, going up Depew and across Franklin, down Main and Broadway. These plans are subject to the situation with the pandemic at that time. The Mayor asked Joe Rand to bring this to the Business Council with hopes of building other events around the parade. Joe Rand offered thanks for those organized the Hezekiah Easter Veteran’s Memorial Square Dedication Event. Marie Lorenzini also offered thanks for the event. Donna Lightfoot Cooper reported that she forwarded an email from Carl Finger regarding a tax bill issue. Don Hammond congratulated Joe Rand and Marie Lorenzini on their election victories. He suspended the Workshop for the Nyack Hospital Parking because he realized items from listening to the previous discussion there were items that needed to be completed. The Mayor reported update on the Leaf Blower Discussion. He has been in contact with a local landscaper that is planning on opening a shop the sells only electric powered lawn tools both residential and commercial ,which is a move in the right direction to alieving the leaf removal problems. He updated the Board on the Housing Authority Budget which will be on the December 9, 2021 Agenda. Executive Session A motion to move into Executive Session was offered by Joseph Rand, seconded by Marie Lorenzini. The motion was approved by a vote of 5 yeas; 0 nays. A motion to adjoun Executive Session was offered by Donna Lightfoot Cooper, seconded by Joseph Rand. The motion was approved by a vote of 5 yeas; 0 nays. Adjournment At 9:17 PM a motion to adjoun the Meeting was offered by Joseph Rand , seconded by Donna Lightfoot Cooper. The motion was approved by a vote of 5 yeas; 0 nays.