Village Board of Trustees Meeting

Minutes of the Regular Meeting of the Village of Nyack Board of Trustees held at 7:30 on Thursday, June 9, 2022 Present Don Hammond Mayor Louise Parker Deputy Mayor Joseph Rand Trustee Also Present Walter Sevastian Village Attorney Andrew Stewart Village Administrator Jennifer Hetling Village Clerk/Treasurer Absent Marie Lorenzini Trustee Donna Lightfoot-Cooper Trustee Meeting called to order at 8:00pm Pledge of Allegiance Nyack Thanks – Nyack Water Department Personnel Adoption of Minutes – May 20, 2022 A motion was offered by Donald Hammond to approve the adoption of the minutes of May 20, 2022, seconded by Joseph Rand. The motion was approved by a vote of 3 yeas, o nays, 2 absent. May 26, 2022 A motion was offered by Donald Hammond to table the adoption of the minutes of May 26, 2022, seconded by Joseph Rand . The motion was approved by a vote of 3 yeas, o nays, 2 absent. Public Comment – None Action Items Resolution No. 2022-74 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 resolution will be amended to include an additional invoice payable to Ground Control Excavating in the amount of $76,693.70. The motion was approved by a vote of 3 yeas, o nays, 2 absent. Resolution No. 2022-75 Resolution of the Nyack Village Board approving the FY 2022-2023 Nyack Housing Authority budget. A motion was offered by Joseph Rand to approve the resolution as presented, seconded by Louise Parker. The motion was approved by a vote of 3 yeas, o nays, 2 absent. Resolution No. 2022-76 Resolution of the Nyack Village Board authorizing the execution of a inter- municipal cost sharing agreement with the Town of Clarkstown for road paving in Central Nyack. 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 3 yeas, o nays, 2 absent. Resolution No. 2022-77 Resolution of the Nyack Village Board to award the Village marina lighting improvements to Hush Maintenance Corp. A motion was offered by Donald Hammond to approve the resolution as presented, seconded by Louise Parker. The motion was approved by a vote of 3 yeas, o nays, 2 absent. Resolution No. 2022-78 Resolution of the Nyack Village Board authorizing the refund of a portion of a building permit fee A motion was offered by Donald Hammond to approve the resolution as presented, seconded by Joseph Rand. Note that Joseph Rand requested to recuse himself from this vote due to a conflict of interest but was informed by Attorney Sevastian that due to the Rule of Necessity he was required to vote. The motion was approved by a vote of 3 yeas, o nays, 2 absent. Resolution No. 2022-79 Resolution of the Nyack Village Board authorizing supplemental agreement #1 – d040185 pertaining to the Safe Routes to School project. A motion was offered by Donald Hammond to approve the resolution as presented, seconded by Louise Parker. The motion was approved by a vote of 3 yeas, o nays, 2 absent. Resolution No. 2022-80 Resolution of the Nyack Village Board to adjust scope of the Safe Routes to School sidewalk project A motion was offered by Donald Hammond to approve the resolution as presented, seconded by Louise Parker. The motion was approved by a vote of 3 yeas, o nays, 2 absent. Resolution No. 2022-81 Resolution of the Nyack Village Board to waive the 30 day municipal notice period for the liquor license application of Doublette Louis A motion was offered by Joseph Rand to approve the resolution as presented, seconded by Louise Parker. The motion was approved by a vote of 3 yeas, o nays, 2 absent. Resolution No. 2022-82 resolution of the Nyack Village Board approving the standard work day and reporting resolution for Village Justice Robert S. Knoebel, Jr. 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 3 yeas, o nays, 2 absent. Public Comment – Tom Dow – 195 River Road Grandview – He hit a pothole on Polhemus near the Thruway entrance on May 17, 2021. He followed up a few times without resolution. He then submitted the letter again in April 2022. The claim was denied by the insurance company due to a 90 day notice rule and no prior written notice. He came in to protest the outcome and ask the board for guidance. The Mayor explained that the Village has to follow the guidance of the insurance company so there is nothing more the Board can do. Department Reports to the Board of Trustees Orangetown Police Depaertment via Donald Hammond - Mayor Hammond met with the OPD regarding panhandling in the downtown area and how to work on responding to calls faster. He also went over security issues as they relate to upcoming events. Village Attorney – There are a few public hearings coming up as well as local law re-writes. He made a request for an executive session. Motion by Donald Hammond, seconded by Louise Parker to hold an executive session as it related to a matter of pending litigation – 103 Gedney Street Owners v. Village of Nyack. The motion was approved by a vote of 3 yeas, o nays, 2 absent. Village Administrator – The S Broadway project has poured the concrete near Cedar Hill Rd. and the sidewalks there are complete now. They are also working on the issues with the vaults. The budget will have to be reviewed as the project moves north to make sure we stay within confines. There may be some issues with the disposal of contaminated soil and the costs associated. The Upper Depew curbing project should be completed in the next week or so. The project on High Ave. still has some work to do. There is currently a plate on Dickenson Ave. that will be paved soon. The hotel tax was voted on by the NYS Assembly and Senate and is awaiting Governor approval. The leaf blower law that has been previously discussed has been reviewed by stakeholders and is awaiting their feedback. He will provide the board with a draft law for review. He sat in on the Water Commissioners meeting today and suggested allowing people outside of the Village but within the water district to sit on the Board. The water dept. has a huge set of tasks regarding the major water main breaks and a state of emergency has been filed accordingly. They discussed how the repairs would be paid and discussed potential funding sources. Mayor Hammond stated he would like to review the water improvement project stages and where the project is moving ahead to. Depew sidewalks with the CDBG funding and a drainage project on Main are upcoming. Old Business Request from Tiffany Scott to hold a cancer awareness event in Memorial Park on August 13, 2022 3-6 pm (additional information provided) The board approved this request – A resolution will be added to the next meeting agenda. Communications Request from Rivertown Film Society to host a movie screening in Memorial Park on August 19, 2022 (rain date August 20, 2022) from 6pm-11pm for approximately 200 people. The board approved this request – A resolution will be added to the next meeting agenda. Kavesh - raise parking fees This will be added to the next Nyack Parking Authority meeting. Hellman 256 Main St dog grooming business parking request The board denied this request. Nyack Mews Riverspace parking lot request The board denied this request. Uncle Mikes Ice Cream Truck Vendor Request The board approved this request Nyack Boat Charter sign request Doug Foster – 70 Third Ave – Co-Owner of Nyack Boat Charter – During his first charter agreement the Village allowed and installed two signs on the fence in the marina. He has proposed a design for an updated sign for this year in the same location. Trustee Rand stated that the license agreement states that the Village Board has to approve the signage. Mayor Hammond stated he was ok with the design of the sign. Attorney Sevastian stated that phone numbers are not allowed on signage. Mayor Hammond suggested adding a QR code instead. Motion by Donald Hammond, seconded by Louise Parker to approve 2 signs. The motion was approved by a vote of 3 yeas, o nays, 2 absent. Public Comment – None Comments from the Village Board of Trustees Donald Hammond – Trustee Rand will be doing a presentation at the Elmwood Playhouse Annual Gala. He will be doing a presentation at the Historical Society of the Nyacks Spring Benefit honoring Winston and Betty Perry. The County Tourism Department wants to meet with him and Trustee Rand. Joseph Rand – He would like to present the Birds Scooter business presentation to the board during an upcoming workshop. Congratulated the Pride Center and Nyack Center on the street dedication – Bayard Rustin Way. Congratulations to Win and Betty Perry. Louise Parker – The African American Day Parade went well and was very smooth. It was a great event. She is a recipient of an award from the “Women of Distinction” event which will take place tomorrow. She is looking forward to the upcoming events. Executive Session – Motion by Donald Hammond, seconded by Joseph Rand to go into executive session at 9:16pm. The motion was approved by a vote of 3 yeas, o nays, 2 absent. Motion by Joseph Rand, seconded by Louise Parker to exit executive session at 9:25pm. The motion was approved by a vote of 3 yeas, o nays, 2 absent Adjournment Motion by Joseph Rand, seconded by Louise Parker to adjourn the meeting at 9:26 pm. The motion was approved by a vote of 3 yeas, o nays, 2 absent.