Village Board of Trustees Meeting

Minutes of the Regular Meeting of the Village of Nyack Board of Trustees held at 7:30 on Thursday, May 26, 2022 Present Don Hammond Mayor Joseph Rand Trustee Marie Lorenzini Trustee Also Present Walter Sevastian Village Attorney Andrew Stewart Village Administrator Jennifer Hetling Village Clerk/Treasurer Absent Louise Parker Deputy Mayor Donna Lightfoot-Cooper Trustee Meeting called to order at 7:31pm Pledge of Allegiance Adoption of Minutes – May 12, 2022 A motion was offered by Donald Hammond to approve the adoption of the minutes of May 12, 2022, seconded by Marie Lorenzini. The motion was approved by a vote of 3 yeas, o nays, 2 absent. Public Comment – None Action Items Resolution No. 2022-61 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 3 yeas, o nays, 2 absent. Resolution No. 2022-62 Resolution of the Nyack Village Board approving Terrence McGlynn’s use of the marina boat launch area for the Lighthouse Swim event on September 10, 2022 from 7:00 am to 10:00 am. 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 3 yeas, o nays, 2 absent. Resolution No. 2022-63 resolution of the Nyack Village Board approving OCADA coalition use of Memorial Park for an outdoor movie event on June 4, 2022 from 6:00 pm to 10:00 pm. A motion was offered by Marie Lorenzini to approve the resolution as presented, seconded by Joseph Rand . The motion was approved by a vote of 3 yeas, o nays, 2 absent. Resolution No. 2022-64 resolution of the Nyack Village Board approving the street closure May 30, 2022 for the Memorial Day parade. A motion was offered by Joseph Rand to approve the resolution as presented, seconded by Marie Lorenzini. The motion was approved by a vote of 3 yeas, o nays, 2 absent. Resolution No. 2022-65 resolution of the Nyack Village Board approving the street closure October 8, 2022 for the Nyack fire chief’s inspection parade. A motion was offered by Marie Lorenzini to approve the resolution as presented, seconded by Joseph Rand. The motion was approved by a vote of 3 yeas, o nays, 2 absent. Resolution No. 2022-66 resolution of the Nyack Village Board approving Nancy Selover’s use of Memorial Park upper lawn for a World Labyrinth Day event on May 22, 2022 from 12:00 pm to 3:00pm. 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 3 yeas, o nays, 2 absent. . Resolution No. 2022-67 resolution of the Nyack Village Board approving Assemblyman Lawler’s use of Memorial park gazebo for a “Women of Distinction” awards ceremony on June 10, 2022 from 11:00 pm to 1:00pm. A motion was offered by Donald Hammond to approve the resolution as presented, seconded by Marie Lorenzini. The motion was approved by a vote of 3 yeas, o nays, 2 absent. Resolution No. 2022-68 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 6:00 pm Mondays through Fridays until the Nyack Hospital garage construction project is complete). Resolution No. 2022-69 Resolution of the Nyack Village Board to circulate required notices and to schedule a public hearing to consider amending the zoning code to permit rooftop dining in the M- zoning district. 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 3 yeas, o nays, 2 absent. WHERE IS 69 Resolution No. 2022-70 resolution of the Nyack Village Board to schedule a public hearing to consider adopting the NYS Stretch energy code 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 3 yeas, o nays, 2 absent. Resolution no. 2022-71 resolution of the Nyack Village Board to award the boat charter concession to Belloster, LLC d/b/a/ Nyack Boat Charter A motion was offered by Joseph Rand to approve the resolution as presented, seconded by Donald Hammond. The motion was approved by a vote of 3 yeas, o nays, 2 absent. Resolution no. 2022-72 resolution of the Nyack Village Board to commit matching funds for a hazard mitigation grant request to repair Nyack Creek culvert at Nyack DPW site. 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 3 yeas, o nays, 2 absent. Resolution no. 2022-73 resolution of the Nyack Village Board to commit matching funds for a hazard mitigation grant request for the Nyack Creek drainage improvement project. 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 3 yeas, o nays, 2 absent. Public Comment – Matt Nahoum – The Artopee way bus stop and the surrounding parking lot is pitch dark during the night. He suggested that the street lights in the area to be turned on for safety. Also, the early morning commuters are littering at the Artopee Way bus stop so he asked that the area be cleaned daily. Mayor Hammond responded that he thought the lights had been turned on but he will research and follow-up. Barbara Noyes – Thanked the board for allowing the Penguin Plunge in Memorial Park this year. They raised $108,000. George Pavel – He is starting a company and has applied for a sign permit. He submitted the application which he was told would be failed and then be submitted to the ARB for review. The process could take months which would negatively affect his business. Mayor Hammond suggested that he work with the chief building inspector Carmona to work through the process. Department Reports to the Board of Trustees Village Attorney He is currently working on local fee schedule local law, stretch code, marina restaurant RFP and referrals for rooftop dining. Requested a motion for executive session for legal matters. Motion by Donald Hammond, seconded by Marie Lorenzini to approve this request. Motion passed by a vote of 3 yeas, o nays and 2 absent. Village Administrator Spoke to the Orangetown Police about speeding in the Village. Speed measuring devices will be installed near the marina. Water main break incident report was completed and is in the meeting packet and online. Kudos to the staff and all the contractors who helped. There will be a de-briefing next week regarding the incidents. The cannabis dispensary will be on the workshop agenda for the June 9th. The hotel tax paperwork went to the State Legislature for review. Senator Reichlin-Melnick dropped off a check for $80,000 for a new highway truck. He is going to research the 50/50 sidewalk program because so many sidewalks in the Village are in disrepair. Old Business Safe Routes to School – project report by GPI engineering and design team provided. There is about 180,000 in amenity costs (lost bushes, fences etc.) that should be included in the construction costs. If these are added to the contract, something else would be need to be taken out in order to stay within the budget. Administrator Stewart gave the board a few options of what to subtract from the contract. A decision will be made at the next meeting on June 9th. Communications Request from Gregory Joseph to close Main St from Piermont Rd to Broadway on July 4 for a food truck event to coincide with fireworks event. The board denied this request based on traffic concerns due to the event coinciding with the July 4th fireworks display in Memorial Park. Request from DeQuan Kerr to hold basketball tournament in Memorial Park July 9 and 10. The board approved this request. Request from Tiffany Scott to hold a cancer awareness event in Memorial Park on August 13, 2022 3-6 pm. The board requested additional information on this event and will revisit the request at the next board meeting. Alain Eigenmann notification re application for alcoholic beverage license (waiver of 30 day advance notice) The board denied this request. Request from Michael Frank to donate a public chess board to the Village of Nyack in memory of Joe Pascarell, Nyack musician. The board approved this request but asked that the involved parties work with the Parks Commission to determine the best location. Request from Melissa Townsend to host a birthday party with a bounce house and clowm in the park on August 6th for approximately 40 people. The board denied this request stating it would be too many people and bounce houses are not allowed. Request from Christine Cazzola of Piermont Outfitters to sell Nyack inspired gifts during the Music on the Hudson events this summer. The board suggested that she reach out to the Nyack Parks Conservancy since this event is sponsored by them but generally vendors are not allowed in the park. Public Comment – None Comments from the Village Board of Trustees Donald Hammond – There was a meeting with the Central Nyack Civic Organization and it was determined that the Nyack Water Commission Board can only be Nyack residents but the water district is beyond the Village. He will work with Administrator Stewart to see if the law should be changed. The Board will be reviewing the cannabis law at the June 9th meeting. He met with the Rockland Westchester Cannabis Alliance to talk about what the change in law could look like for Nyack. He suggested a Cannabis Advisory Committee of a few people to keep up on all the changes and bring the info to the public. He would like to do a workshop regarding the leaf blower regulations in late June with draft legislation. He suggests doing it as Upper Nyack has done with slowly easing out gas and easing in electric blowers with time frames of when they can and cannot be used. Chief building inspector Carmona has suggested looking into bumpout regulations. Elmwood is having their 75th anniversary on June 10th. A resolution will be prepared and read aloud at the event by a trustee. Joseph Rand – Thanked Administrator Stewart for the report on the water main breaks. Marie Lorenzini – Thanked the Water Dept. for all they have done with the water main breaks. She also thanked Administrator Stewart for all he is doing with the public. Executive Session – Motion by Joseph Rand, seconded by Marie Lorenzini to go into executive session at 9:21pm. The motion was approved by a vote of 3 yeas, o nays, 2 absent. Trustee Lorenzini recused herself from the discussion, after disclosing that the litigation involved a building where she owns a unit. As the Board had no quorum upon Trustee Lorenzini’s recusal, the Executive Session was closed, and the meeting adjourned at 9:36 pm.