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Village Board of Trustees Meeting

Regular Meeting

Nyack, NY · April 14, 2022

AgendaMinutes

Minutes

Minutes of the Regular Meeting of the Village of Nyack Board of Trustees held at 7:30 on Thursday, April 14, 2022. Present Don Hammond Mayor Louise Parker Deputy Mayor Donna Lightfoot-Cooper Trustee Joseph Rand Trustee Also Present Walter Sevastian Village Attorney Jennifer Hetling Village Clerk/Treasurer Absent Marie Lorenzini Trustee Andrew Stewart Village Administrator Meeting called to order at 7:31pm Pledge of Allegiance Adoption of Minutes – March 24, 2022 A motion was offered by Louise Parker to approve the adoption of the minutes of March 24, 2022, seconded by Joseph Rand. The motion was approved by a vote of 4 Yeas to 0 Nays, and 1 Absence. Mayor Hammond thanked Kelvin Smith for his 34 years of employment with the Village of Nyack and congratulated him on his retirement. The other trustees all congratulated Kelvin as well. Public Comment – None Action Items Resolution No. 2022-25 Resolution of the Nyack Village Board 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. 2022-26 of the Nyack Village Board To Approve Local Law #___ of 2022 A Local Law To Amend Article III, Chapter 196 Of The Code Of The Village of Nyack, Entitled “General Fire Safety Requirements”. A motion was offered by Donna Lightfoot-Cooper to approve the resolution as presented, seconded by Joseph Rand. The motion was approved by a vote of 3 Yeas to 1 Nays, and 1 Absence. Resolution No. 2022-27 of the Nyack Village Board to approve the July 4th Fireworks Display. 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. 2022-28 Of The Nyack Village Board to approve the use of the Senior Center by Meals On Wheels for a monthly fee of $800.00 A motion was offered by Donna Lightfoot-Cooper to approve the resolution as presented, seconded by Joseph Rand. The motion was approved by a vote of 3 Yeas to 0 Nays, 1 Abstain and 1 Absence. Resolution No. 2022-29 of the Nyack Village Board to set the fees schedule for the daily use of the Senior Center. A motion was offered by Louise Parker to approve the resolution as presented, seconded by Donna Lightfoot-Cooper. The motion was approved by a vote of 4 Yeas to 0 Nays, and 1 Absence. Resolution No. 2022-30 of the Nyack Village Board to designate Sickles Avenue between Route 9w and North Midland Avenue as a “No Parking Anytime” Zone on a temporary basis (Between 6:00 Am And 6:00pm Mondays through Fridays from 5/1/22 – 6/30/22). Attorney Sevastian stated that this is to facilitate the delivery of panels for the construction of a parking garage in the idea of safety. 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. 2022-31 approving the Village Of Nyack’s 2022 agreement with Cornell Cooperative Extension for EPA Phase 2 Stormwater Regulation Education and Outreach Requirements; and also to approve the Village participating in the MS4 Stormwater Grant with Stormwater Consortium and Rockland County. 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. 2022-32 of the Nyack Village Board Trustees approving the appointment of Kenneth Gordon as Nyack Fire Inspector subject to compliance with NYS Civil Service Law Regulations. Building Inspector Manny Carmona stated that he thinks that he will do a great job and a perfect candidate for the Village. 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. 2022-33 of the Nyack Village Board Trustees approving the appointment of Thomas Lynch as Superintendent of the Nyack Water Department on terms and conditions as agreed to by the Mayor. 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. 2022-34 of the Nyack Village Board to issue an RFP for the Camp Nyack Summer Camp Program. 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. 2022-35 of the Nyack Village Board to award a service contract to Berry Burners Inc for the Annual Maintenance of HVAC Systems in Village Hall and at the Nyack Senior Center in the amount Of $3,750. Subject to Approval of Contract Terms by the Village Attorney. A motion was offered by Joseph Rand to approve the resolution as presented, seconded by Donna Lightfoot-Cooper. The motion was approved by a vote of 4 Yeas to 0 Nays, and 1 Absence. Resolution No. 2022-36 of the Nyack Village Board to approve the expenditure of $825 to construct a kayak rack for use at the village marina A motion was offered by Donna Lightfoot-Cooper 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. Public Comment – None Department Reports to the Board of Trustees Village Attorney - None Village Clerk – Treasurer – None Public Hearing on 2022-2023 Budget – 8:00 pm Motion by Joseph Rand, seconded by Louise Parker to open the public hearing on the 2022-2023 budget at 8:03pm. The motion was approved by a vote of 4 Yeas to 0 Nays, and 1 Absence Village Clerk-Treasurer Jennifer Hetling stated that the budget presented shows a tax amount slightly below the tax cap and a total tax increase over last year of about 2.7% Tristan Dunnigan stated that the line entitled other culture and recreation was clarified by Joseph Rand that this is the cost of the security at the street fairs. He also asked why the actual numbers did not look correct for 19/20 and 20/21 to which Jennifer Hetling responded that she would review and advise tomorrow. The public hearing will be held open until the next Village Board meeting on April 28th and public comment is welcome until then. Public Hearing on Fire Pit Local Law – 8:30 pm Motion by Donald Hammond, seconded by Joseph Rand to open the public hearing on the fire pit local law at 8:25pm. The motion was approved by a vote of 4 Yeas to 0 Nays, and 1 Absence Trustee Rand stated that they received information from the fire department and fire inspector regarding the topic. Manny Carmona stated that he believes the residents should be allowed but it needs to be highly regulated and permits will allow him to educate the applicants and review the area conditions prior to approval. There will be fees based on the level of permitting. Trustee Lightfoot-Cooper stated that she appreciates all Mr. Carmona’s hard work in reviewing this. Mayor Hammond stated that this would apply to single family residences. Multi-family property owners usually don’t allow fires anyway. Trustee Rand stated that he can understand why this wouldn’t apply to multi-family residences since some residents may not like the fire pit at their home. Motion to close the public hearing by Donna Lightfoot-Cooper, seconded by Joseph Rand at 8:35pm. The motion was approved by a vote of 4 Yeas to 0 Nays, and 1 Absence New Business Discussion of adding parking meters to Upper Main St, S. Franklin St and around the hospital. Mayor Hammond stated that the S. Franklin St. addition would be near the police substation. The meters were pulled when there were talks about installing a bike path. The area around the hospital has been discussed prior by the board. There were parking meters on the north side of upper Main St but were taken out. On the south side of upper Main St. there is a proposed building project and adding parking meters should be discussed with the Planning Board in conjunction with this idea. Discussion of adding part-time parking enforcement aides for summer months, including managing parking in the marina/boat launch. Mayor Hammond stated that this would allow us to increase our coverage from 5pm-7pm, to monitor the marina and to ensure we are collecting boat launch fees and have staff to watch the park during the summer on the weekends. Communications Request from Brianne Higgins of Maureen’s Jazz Cellar to host an outdoor music event on July 24 for Nyack Jazz Week, requiring street closure on N. Broadway between Main and New St, Sunday, July 24 (July 31 rain date), noon- 5 pm, for live music and vendors. Brianne Higgins stated that the date requested has changed to July 17th. She has spoken to the businesses affected and they were onboard. The will bring in a stage and it would be a free concert for all. The times would be flexible and based on security costs. The board all agreed that this is a great idea. Mayor Hammond asked her to speak with Andy Stewart about the costs and once complete they will bring it back to the board. Request from NYSDOT to review the application of Gran Fondo New York regarding a race on 5/15/2022. Race course crossing through Nyack on Piermont Ave, to Gedney to Fourth Ave, to N. Broadway to Upper Nyack. There is no stop in Nyack. Mayor Hammond will check with Orangetown Police Department on the route and coverage. The board acknowledges receipt of the information. Request from Riverkeepers to use Memorial Park on May 7, 2022 from 9am to 12pm for the annual Riverkeeper Sweep The Board will put this on for resolution at the next meeting. Request from Beth Riso of Nyack Art Collective to use Hezekiah Easter Square gazebo for an art exhibit on Saturday, May 28, 2022 1-5 pm, with a Sunday, May 29, 2022 rain date. Mayor Hammond stated that this is a great idea which demonstrates the culture and excitement of the Village. Joseph Rand stated that they want a banner as well so the board will check with village staff on availability of banner space. This will be on for resolution at the next meeting. Public Comment – Taylor Light – He lives on First Ave. and asked if there were any updates on the Gedney St project and more specifically the closed off sidewalk. Mayor Hammond stated that there is a lawsuit on the project. The board has raised the issue about the sidewalks but there has yet to be a resolution. Comments from the Village Board of Trustees Donald Hammond – Simard & Co asked for a bump out but Mayor Hammond stated he declined due to safety issues. Harry’s Burrito’s also asked for a 1 space bumpout and he will review. Louise Parker – The African-American Day Parade is moving along and they are getting more participants. The flyer will be ready soon. There will be vendors and food trucks but no children’s activities will be limited due to COVID. Donna Lightfoot-Cooper – Stated that she attended the Nyack Housing Authority meeting and their meeting night will be changing to the 2nd Tuesday of the month at 630pm alternating locations between Depew Manor and Waldron Terrace. Workshop at 530pm. They also did not renew the contract for their attorney. 21 section 8 vouchers will be given this month and 21 next month. The board approved their raises of 1.75%. They also appointed their officers. It was a very professional meeting. Joseph Rand – Congratulated the Phyllis Frank Pride Center for their launch of the Pride Directory at an event at Casa Del Sol this week. He also thanked Andy Stewart, Jennifer Hetling and the budget team for the work on the 2022-2023 budget. Adjournment Motion by Joseph Rand, seconded by Donna Lightfoot-Cooper to adjourn the meeting at 8:48pm. 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 April 14, 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, April 14, 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. Join Zoom Meeting https://us02web.zoom.us/j/89015616531?pwd=dC91dTUwWmtYUzUrd2ZIWWsyQXhqdz09 Meeting ID: 890 1561 6531 Passcode: 154497 One tap mobile +16465588656,,89015616531# US (New York) +13126266799,,89015616531# US (Chicago) Dial by your location +1 646 558 8656 US (New York) +1 312 626 6799 US (Chicago) +1 301 715 8592 US (Washington DC) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 669 900 9128 US (San Jose) Meeting ID: 890 1561 6531 Find your local number: https://us02web.zoom.us/u/kc7Umi3TZS 1. Pledge of Allegiance. 2. Adoption of Minutes – March 24, 2022. 3. Public Comment – Discussion of Action Items Only – 3 Minute Time Limit. 4. Action Items: 4.1. Resolution No. 2022-25 Resolution of the Nyack Village Board to approve the Abstract 1 of Audited Claims as presented by the Village Clerk/Treasurer. 4.2. Resolution No. 2022-26 of the Nyack Village Board To Approve Local Law #___ of 2022 A Local Law To Amend Article III, Chapter 196 Of The Code Of The Village of Nyack, Entitled “General Fire Safety Requirements”. 4.3. Resolution No. 2022-27 of the Nyack Village Board to approve the July 4th Fireworks Display. 4.4. Resolution No. 2022-28 Of The Nyack Village Board to approve the use of the Senior Center by Meals On Wheels for a monthly fee of $800.00 4.5. Resolution No. 2022-29 of the Nyack Village Board to set the fees schedule for the daily use of the Senior Center. 4.6. Resolution No. 2022-30 of the Nyack Village Board to designate Sickles Avenue between Route 9w and North Midland Avenue as a “No Parking Anytime” Zone on a temporary basis (Between 6:00 Am And 6:00pm Mondays through Fridays from 5/1/22 – 6/30/22). 4.7. Resolution No. 2022-31 approving the Village Of Nyack’s 2022 agreement with Cornell Cooperative Extension for EPA Phase 2 Stormwater Regulation Education and Outreach Requirements; and also to approve the Village participating in the MS4 Stormwater Grant with Stormwater Consortium and Rockland County. 4.8. Resolution No. 2022-32 of the Nyack Village Board Trustees approving the appointment of Kenneth Gordon as Nyack Fire Inspector subject to compliance with NYS Civil Service Law Regulations. 4.9. Resolution No. 2022-33 of the Nyack Village Board Trustees approving the appointment of Thomas Lynch as Superintendent of the Nyack Water Department on terms and conditions as agreed to by the Mayor. 4.10. Resolution No. 2022-34 of the Nyack Village Board to issue an RFP for the Camp Nyack Summer Camp Program. 4.11. Resolution No. 2022-35 of the Nyack Village Board to award a service contract to Berry Burners Inc for the Annual Maintenance of HVAC Systems in Village Hall and at the Nyack Senior Center in the amount Of $3,750. Subject to Approval of Contract Terms by the Village Attorney. 4.12. Resolution No. 2022-36 of the Nyack Village Board to approve the expenditure of $825 to construct a kayak rack for use at the village marina 2 5. Public Hearing on 2022-2023 Budget – 8:00 pm 6. Public Hearing on Fire Pit Local Law – 8:30 pm 7. Public Comment. 8. 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 9. Old Business. 10. New Business. 10.2 Discussion of adding parking meters to Upper Main St, S. Franklin St and around the hospital. 10.3 Discussion of adding part-time parking enforcement aides for summer months, including managing parking in the marina/boat launch. 11. Communications. 11.1 Request from Brianne Higgins of Maureen’s Jazz Cellar to host an outdoor music event on July 24 for Nyack Jazz Week, requiring street closure on N. Broadway between Main and New St, Sunday, July 24 (July 31 rain date), noon- 5 pm, for live music and vendors. 11.2 Request from NYSDOT to review the application of Gran Fondo New York regarding a race on 5/15/2022. Race course crossing through Nyack on Piermont Ave, to Gedney to Fourth Ave, to N. Broadway to Upper Nyack. 11.3 Request from Riverkeepers to use Memorial Park on May 7, 2022 from 9am to 12pm for the annual Riverkeeper Sweep 11.4 Request from Beth Riso of Nyack Art Collective to use Hezekiah Easter Square gazebo for an art exhibit on Saturday, May 28, 2022 1-5 pm, with a Sunday, May 29, 2022 rain date. 12. Public Comment. 13. Comments from the Village Board of Trustees. 14. Executive Session. 13. Adjournment. 3

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