Village Board of Trustees Meeting
Regular MeetingNyack, NY · March 24, 2022
Minutes
Minutes of the Regular Meeting of the Village of Nyack Board of Trustees held at 7:30 on
Thursday, March 24, 2022.
Present
Don Hammond Mayor
Louise Parker Deputy Mayor
Donna Lightfoot-Cooper Trustee
Joseph Rand Trustee
Also Present
Andy Stewart Village Administrator
Walter Sevastian Village Attorney
Jennifer Hetling Village Clerk/Treasurer
Absent
Marie Lorenzini Trustee
Meeting called to order at 7:35pm
Pledge of Allegiance
Adoption of Minutes – March 10, 2022
A motion was offered by Donald Hammond to approve the adoption of the minutes of March 10, 2022,
seconded by Joseph Rand. The motion was approved by a vote of 4 Yeas to 0 Nays, and 1 Absence.
Public Comment –
James Willcox – Stated that he thought the resolution would include the addition of a second kayak
rack. The materials would cost about $800 to build the added rack which would be covered by user fees.
Action Items
Resolution No. 2022-18 A resolution of the Nyack Village Board of Trustees to approve the Park
Commission recommendations for moving the kayak racks and dedicating the north boat ramp to
launching of non-motorize crafts at the Village Marina.
A motion was offered by Joseph Rand to approve the resolution as presented, seconded by Louise
Parker.
Louise Parker stated that budget should be considered when implementing this resolution and
specifically blocking off the north ramp. DPW will use concrete blocks which are available.
The motion was approved by a vote of 4 Yeas to 0 Nays, and 1 Absence.
Resolution No. 2022-19 A resolution of the Nyack Village Board of Trustees to award the bid for the
Nyack Marina Walkway project
A motion was offered by Donna Lightfoot-Cooper to approve the resolution as presented, seconded by
Joseph Rand .
Andy Stewart gave a brief explanation of the project and stated there may be grant funds to use for this
project.
Walter Sevastian stated that the resolution should include language that this project is a type 2action
requiring no additional environmental review.
The motion was approved by a vote of 4 Yeas to 0 Nays, and 1 Absence.
Resolution No. 2022-20 A resolution of the Nyack Village Board of Trustees to award the contract for
Village Hall and Senior Center HVAC annual maintenance to Berry Burners in the amount of $5,000,
subject to approval of contract terms by the Village Attorney.
A motion was offered by Louise Parker to table the resolution as presented, seconded by Joseph Rand.
The motion was approved by a vote of 4 Yeas to 0 Nays, and 1 Absence.
Resolution No. 2022-21 A resolution of the Nyack Village Board of Trustees to appoint Jennifer Hetling
as the Village Clerk-Treasurer on terms and conditions as agreed to by the Mayor.
A motion was offered by Donna Lightfoot-Cooper to approve the resolution as presented, seconded by
Louise Parker. The motion was approved by a vote of 4 Yeas to 0 Nays, and 1 Absence.
Resolution No. 2022-22 A resolution of the Nyack Village Board of Trustees to enter into an
intermunicipal agreement with the Town of Orangetown to install A.D.A. compliant sidewalks at the
intersection of South Broadway and Cedar Hill Avenue,
A motion was offered by Louise Parker to approve the resolution as presented, seconded by Joseph
Rand. The motion was approved by a vote of 4 Yeas to 0 Nays, and 1 Absence.
Resolution No. 2022-23 A resolution of the Nyack Village Board of Trustees to approve the Abstract of
Audited Claims as presented by the Village Clerk/ Treasurer.
A motion was offered by Donald Hammond to approve the resolution as presented, seconded by Joseph
Rand. The motion was approved by a vote of 4 Yeas to 0 Nays, and 1 Absence.
Resolution No. 2022-24 A resolution of the Nyack Village Board of Trustees to enter into a Grant
Agreement with American Forests for funding for tree planting in the Village, subject to the approval of
the Village Attorney as to the form such Agreement.
A motion was offered by Donald Hammond to approve the resolution as presented, seconded by Joseph
Rand.
Andy Stewart stated that this is funding from the private sector for tree planting projects. With this
project there are a two areas where pavement will be removed and trees will be planted.
The motion was approved by a vote of 4 Yeas to 0 Nays, and 1 Absence.
Public Comment -
James Willcox – There is a time issue on approving the additional kayak rack because BOCES will be
building it and it has to be done by the end of the school year and payment will have to be made.
Motion by Donald Hammond, seconded by Donna Lightfoot-Cooper to purchase the materials and to
work with BOCES to build a kayak rack.
The motion was approved by a vote of 4 Yeas to 0 Nays, and 1 Absence.
Department Reports to the Board of Trustees
Village Attorney - None
Village Administrator – Updated the board on the status of the ongoing capital projects. The
Broadway TAP project will continue moving forward in the next couple of weeks. His office is working
on preparing this year’s paving schedule. There will be a meeting on April 25 at the senior center
regarding the safe streets to school project and the public is encouraged to attend. The bump-outs for
outdoor restaurant dining will be installed after the first street fair.
Village Clerk – Treasurer – The draft budget was sent to the board earlier this week. Special meetings
should be determined for review. The board determined that workshops on the budget would be on
April 4th and April 11th at 6pm.
Motion to schedule initial Public Hearing on the 2022-2023 FY Budget for April 14, 2022 at 8:00 pm.
A motion was offered by Donald Hammond to approve the budget public hearing as presented,
seconded by Joseph Rand. The motion was approved by a vote of 4 Yeas to 0 Nays, and 1 Absence.
Old Business
Discussion of Building Inspector’s comments regarding Fire Pit Legislation.
Trustee Rand stated that the protocols in the comments were reasonable. Mayor Hammond stated that
he still had some concerns about equity being that the permit could only be issued to owners which
could exclude renters and multi-family units. Trustee Rand stated that we could change the language to
ask for owner approval for tenant requests. Mayor Hammond asked that the board contact some of the
larger housing complexes to see if they already have fire regulations. Lori Fellmer requested the March
17th document with the comments.
Discussion of Senior Center Use fees
The board reviewed the expenses of the senior center and compared against the revenues received to
determine if monthly fees should be revised to cover the costs associated with the building. The board
also discussed group usage v. resident usage. Marion Elkins of Meals on Wheels stated that the increase
is larger than what they budgeted for the year and they will have to review.
Discussion of Meals on Wheels Senior Center Use Agreement
Discussion of a hotel room tax
The board has reviewed the documentation presented by Bob Galvin who suggested a 3% tax. Mayor
Hammond estimated this could bring in about $100,000 in revenue. Trustee Rand stated that air B&B’s
should be included in the legislation.
Nyack Boat Charter
Kevin O-Donnell – The recommended license fee was good based on prior years but this year they will
only have two boats instead of three. He proposed going back to a license fee of $8000 as it was in
2020. The termination clause states that if Flight Board launched from the Marina that the agreement
would be terminated but that entity is independent from Nyack Boat Charter. He would like signage to
help guide customers to the location and advertise the business.
New Business
Motion to authorize issuance of RFP for 2022 Camp Nyack by Donald Hammond, seconded by Louise
Parker. The motion was approved by a vote of 4 Yeas to 0 Nays, and 1 Absence.
Discussion of agreement for professional services with Henningson, Durham and Richardson
Architecture and Engineering, P.C. for review of cell antenna applications and related tasks, at
applicant’s cost. Motion by Donald Hammond, seconded by Joseph Rand to accept the agreement as
presented. The motion was approved by a vote of 4 Yeas to 0 Nays, and 1 Absence.
Food truck applications – The board discussed the 3 food truck application and determined that the 2
available permits would be issued to Brian Davis of Bongo Fries and Frank DeNardo of Bird and Bison
LLC.
Motion by Donald Hammond, seconded by Joseph Rand to approve the 2 permits be issued to Bongo
Fries and Bird and Bison LLC. The motion was approved by a vote of 4 Yeas to 0 Nays, and 1 Absence.
Communications
Montefiore Nyack Hospital sign request – Donald Hammond stated that he spoke to Dr Geller and
someone will be in touch to work through the request.
Public Comment - None
Comments from the Village Board of Trustees
Donald Hammond – The Art Collective would like to do a “First Friday” in Village Hall which would
be a month long art event starting on June 3, 2022.
Executive Session—Motion to discuss Personnel matters regarding Building Department; and the
status of the Village’s Collective Bargaining Agreement negotiations by Donald Hammond, seconded by
Louise Parker. The motion was approved by a vote of 4 Yeas to 0 Nays, and 1 Absence.
Motion by Joseph Rand, seconded by Louise Parker to enter executive session at 9:37pm. The motion
was approved by a vote of 4 Yeas to 0 Nays, and 1 Absence.
Motion by Joseph Rand, seconded by Louise Parker to exit executive session at 9:53pm. The motion was
approved by a vote of 4 Yeas to 0 Nays, and 1 Absence.
Adjournment
Motion by Donald Hammond, seconded by Joseph Rand to adjourn the meeting at 9:54pm. The motion
was approved by a vote of 4 Yeas to 0 Nays, and 1 Absence.
Agenda
Village of Nyack
9 North Broadway, Nyack, NY 10960
Village Board of Trustees Meeting
March 24, 2022 7:30pm
Agenda
On September 2, 2021 Governor Kathy Hochul signed legislation (S.50001/A.40001) extending virtual
access to public meetings under New York State's Open Meetings Law, which allows New Yorkers to
virtually participate in local government meetings during the COVID-19 pandemic. The legislation,
which was initially implemented by Executive Order during last year's State of Emergency, allows state
and local government meetings that are normally held in person to be held remotely instead, as long
as the public has the ability to view or listen to the meeting on the remote platform, and the meeting is
recorded and later transcribed. This statute will reduce the need for congregation at public meetings
while the Delta variant is prevalent, while ensuring public business can continue.
The Village will be activating a remote meeting platform for the Thursday, March 24, 2022 Village
Board meeting, which will enable residents to watch a livestream of the meeting and comment on the
Zoom platform in compliance with the legislation. Remote platform access information may also be
found on the Village of Nyack official website.
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1. Pledge of Allegiance.
2. Adoption of Minutes – March 10, 2022.
3. Public Comment – Discussion of Action Items Only – 3 Minute Time Limit.
4. Action Items:
4.1. Resolution No. 2022-18 A resolution of the Nyack Village Board of Trustees to
approve the Park Commission recommendations for moving the kayak racks and
dedicating the north boat ramp to launching of non-motorize crafts at the Village
Marina.
4.2. Resolution No. 2022-19 A resolution of the Nyack Village Board of Trustees to award
the bid for the Nyack Marina Walkway project.
4.3. Resolution No. 2022-20 A resolution of the Nyack Village Board of Trustees to award the
contract for Village Hall and Senior Center HVAC annual maintenance to Berry Burners in the
amount of $5,000, subject to approval of contract terms by the Village Attorney.
4.4. Resolution No. 2022-21 A resolution of the Nyack Village Board of Trustees to appoint
Jennifer Hetling as the Village Clerk-Treasurer on terms and conditions as agreed to by the
Mayor.
4.5. Resolution No. 2022-22 A resolution of the Nyack Village Board of Trustees to enter
into an intermunicipal agreement with the Town of Orangetown to install A.D.A.
compliant sidewalks at the intersection of South Broadway and Cedar Hill Avenue,
4.6. Resolution No. 2022-23 A resolution of the Nyack Village Board of Trustees to
approve the Abstract of Audited Claims as presented by the Village Clerk/ Treasurer.
4.7. Resolution No. 2022-24 A resolution of the Nyack Village Board of Trustees to enter
into a Grant Agreement with American Forests for funding for tree planting in the
Village, subject to the approval of the Village Attorney as to the form such Agreement.
5. Public Comment.
6. Department Reports to the Board of Trustees (based on availability).
1.1. Orangetown Police Department.
1.2. Village Attorney.
1.3. Village Administrator.
1.4. Village Clerk – Treasurer: Budget Summary Presentation, Schedule of Budget Workshops,
Motion to schedule initial Public Hearing on the 2022-2023 FY Budget for April 14, 2022 at
7:45 pm.
7. Old Business.
7.1. Discussion of Building Inspector’s comments regarding Fire Pit Legislation.
7.2. Discussion of Senior Center Use fees.
7.3. Discussion of Meals on Wheels Senior Center Use Agreement
7.4. Discussion of a hotel room tax
7.5. Nyack Boat Charter
8. New Business.
8.1. Discussion and Motion to authorize issuance of RFP for 2022 Camp Nyack.
8.2. Discussion of agreement for professional services with Henningson, Durham and Richardson
Architecture and Engineering, P.C. for review of cell antenna applications and related tasks, at
applicant’s cost.
9. Communications
9.1 Montefiore Nyack Hospital sign request
10. Public Comment.
11. Comments from the Village Board of Trustees.
12. Executive Session—to discuss Personnel matters regarding Building Department; and the
status of the Village’s Collective Bargaining Agreement negotiations.
13. Adjournment.
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