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 23, 2022 Present Don Hammond Mayor Marie Lorenzini Trustee Donna Lightfoot-Cooper Trustee Joseph Rand Trustee Also Present Walter Sevastian Village Attorney Andrew Stewart Village Administrator Jennifer Hetling Village Clerk/Treasurer Absent Louise Parker Deputy Mayor Meeting called to order at 7:30pm Pledge of Allegiance Adoption of Minutes – May 26, 2022 A motion was offered by Marie Lorenzini to unable the adoption of the minutes of May 26, 2022, seconded by Donna Lightfoot-Cooper. The motion was approved by a vote of 4 yeas, 0 nays, 1 absent A motion was offered by Donald Hammond to approve the adoption of the minutes of May 26, 2022, seconded by Joseph Rand. The motion was approved by a vote of 3 yeas, 0 nays, 1 absent, 1 abstain. June 9, 2022 A motion was offered by Joseph Rand to table the adoption of the minutes of June 9, 2022, seconded by Donald Hammond. The motion was approved by a vote of 4 yeas, 0 nays, 1 absent Public Hearing – New York Stretch Code Motion by Donald Hammond, seconded by Joseph Rand to open the public hearing at 7:40pm. The motion was approved by a vote of 4 yeas, o nays, 1 absent. Administrator Stewart gave the background of the proposal. Marcy Denker commented that she approves whole-heartedly. Motion by Marie Lorenzini, seconded by Joseph Rand to close the public hearing at 7:42pm. The motion was approved by a vote of 4 yeas, o nays, 1 absent. Public Comment – Andrea - Asked for further clarification on resolution 2022-85 and 2022-90. Mayor Hammond explained 2022-85 relates to gas powered leaf blowers. Administrator Stewart explained that 2022-90 relates to a sidewalk project from Broadway to the municipal lot covered under CDBG funding. Marcy Denker – Asked for more information on the CDBG sidewalk project. She said there is an area for planting trees at Burd St and S. Broadway and asked if that would be effected by the project. Administrator Stewart explained that it could be taken into consideration but the project has not yet been designed. Resolution No. 2022-83 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, o nays, 1 absent. Resolution No. 2022-84 Resolution of the Nyack Village Board to amend Chapter 140 of the Code of the Village of Nyack, entitled “Building Construction”, to add a new Article III, a provision for a local energy code under Chapter 140 of the Code of the Village of Nyack (consisting of the NYStretch Energy Code modifications to the New York State Energy Code). A motion was offered by Marie Lorenzini to approve the resolution as presented, seconded by Joseph Rand. Trustee Lorenzini appreciates that we are moving this action ahead. Trustee Rand stated that he heard from members of the community that do construction and they are concerned it’s going to raise their prices but he knows the state is going to require this in the future anyway. The motion was approved by a vote of 4 yeas, o nays, 1 absent. Resolution No. 2022-85 Resolution of the Nyack Village Board to schedule a public hearing to amend chapter 238 of the code of the Village of Nyack (the Village noise ordinance). A motion was offered by Donald Hammond to approve the resolution as presented, seconded by Donna Lightfoot-Cooper. The motion was approved by a vote of 4 yeas, o nays, 1 absent. Resolution No. 2022-86 Resolution of the Nyack Village Board to award the Depew Avenue Sidewalk Improvement Project. 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, o nays, 1 absent. Resolution No. 2022-87 Resolution of the Nyack Village Board authorizing the placement of signage at the Village marina by the Village’s boat charter vendor. 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, o nays, 1 absent. Resolution No. 2022-88 Resolution of the Nyack Village Board approving the Cancer Awareness event in memorial park on August 13, 2022. 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 4 yeas, o nays, 1 absent. Resolution No. 2022-89 Resolution of the Nyack Village Board authorizing the refund of a portion of a building permit fees. A motion was offered by Donald Hammond to approve the resolution as presented, seconded by Donna Lightfoot-Cooper. The motion was approved by a vote of 4 yeas, o nays, 1 absent. Resolution No. 2022-90 Resolution of the Nyack Village Board to advertise for public bid the Burd Street CDBG Sidewalk Project. 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, o nays, 1 absent. Resolution No. 2022-91 Resolution of the Nyack Village Board approving the payment of $12,500.00 to Laybel Consulting LLC under its November 2019 consulting agreement with the Village of Nyack. 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 4 yeas, o nays, 1 absent. Resolution No. 2022-92 Resolution of the Nyack Village Board to advertise for public bid the Main Street Drainage Improvement and Paving Project. 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, o nays, 1 absent. Resolution No. 2022-93 Resolution of the Nyack Village Board approving Northern Metropolitan use of Memorial Park for an outdoor gathering July 18, 2022 from 10:00am to 11:30am. A motion was offered by Joseph Rand to approve the resolution as presented, seconded by Marie Lorenzini. Trustee Lightfoot-Cooper asked how many people are in the group to which Trustee Rand replied there will be 18. The motion was approved by a vote of 4 yeas, o nays, 1 absent. Resolution No. 2022-94 resolution of the Nyack Village Board to approve the scope of the climate action plan grant application. A motion was offered by Donald Hammond to approve the resolution as presented, seconded by Donna Lightfoot-Cooper. The motion was approved by a vote of 4 yeas, o nays, 1 absent. Resolution No. 2022-95 Resolution of the Nyack Village Board approving the film event by Rivertown Films in memorial park on August 19, 2022. A motion was offered by Donald Hammond to approve the resolution as presented, seconded by Marie Lorenzini. Trustee Lightfoot-Cooper asked is there is a rain date to which Trustee Rand responded that it would be August 20th. The motion was approved by a vote of 4 yeas, o nays, 1 absent. Resolution No. 2022-96 Resolution of the Nyack Village Board to award the summer food program contract to Aramark. 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 4 yeas, o nays, 1 absent. Public Comment – Marcy Denker – On behalf of the tree committee she requested that the Board make a change to the Village Code to refer applicants coming in front of the planning board regarding tree removal permits to be referred to the tree committee for comment. Mayor Hammond stated that he would review this with the planning board members. Tessa Kratz – There was a Facebook post regarding alternate side parking and it being 3 days per week. She only has 1 parking space at her home so she has to move her second car daily. She asked why its 3 days and not 1 day like NYC. She also mentioned that the 3am-6am rule is confusing. In NYC it’s 11am-130pm. Mayor Hammond stated that the board has reviewed these issues before and gave the following justification. 1. Alternate side is to prevent storing cars on the street 2. The streets are narrow and alternate side allows for emergency vehicles to get through 3. For street cleaning Trustee Rand stated that the original Facebook post was regarding Depew Ave. where there is only parking on one side of the street and the 3am-6am rule prevents all parking. Mayor Hammond stated that they would review the file from a prior meeting where this was discussed and bring it back to the board at the next meeting. Gregory Joseph – He had previously asked to have Main Street blocked for an event at 65 on Main and was denied. He then asked of the Building Department if he could have the party in the parking lot of the same property but was told he could not. Attorney Sevastian stated that the parking lot could not be used because the business is required to have dedicated parking and the party would take that away. Department Reports to the Board of Trustees Orangetown Police Department via Donald Hammond - Village Attorney – Executive session regarding pending litigation at 103 Gedney St. and review of the collective bargaining agreement. Motion by Donald Hammond, seconded by Joseph Rand to approve the motion as presented. The motion was approved by a vote of 4 yeas, o nays, 1 absent. Village Administrator – The bulkheads on the north side and south side of the Marina have some damage and are an issue and he is working with the insurance company regarding this. Paving will begin soon on select streets on the west side of the Village. The fall paving schedule is being prepared. The Broadway TAP project is progressing. Next week they will be doing the sidewalk in front of the post office. The bulge-out on the corner of Cedar Hill Ave and South Broadway has some residents concerned. The engineers have proposed a few options to modify it and they are being reviewed. Trutee Rand stated that the bulge-out is a bad design and should be fixed to be less intrusive. Mayor Hammond stated that the fire district representatives stated they are not in agreement with any bulge-outs even thought they had tested them prior. He also stated that the plans for future work should be reviewed to look at this issue. The board will review this and make a decision on what to do about the Cedar Hill bulge-out prior to the next meeting. There are some contaminants in the soil that’s relates to the Broadway TAP project and it will affect the budget. The Village received two grants for work in the park –resurfacing the playground area and installing/repairing some equipment. The Village is looking for funding to repave the Marina parking lot. The Village is looking for funding for drainage issues on High Ave. There was a presentation to the business community on the electric scooters proposal and he suggested bringing the group to the next board meeting to which the Mayor agreed. Old Business Marina restaurant site redevelopment – There is a developer interested and would like to do a RFP for marketing services so it can be sent out to as many investors as possible. The board agreed to issue an RFP. Cannabis retail policy – Planner Bob Galvin put together a memo regarding the cannabis retail policy for board review. The board will need to decide if they want to include the DMU zone for retail cannabis sales or if it should remain contained to the commercial zone. A public hearing will be set for this topic. Trustee Rand stated he thinks the zone should be as wide spread as possible. Trustees Lorenzini and Lightfoot-Cooper would like to review the information provided more before commenting. Nyack Boat Club request for trailer parking in Memorial Park – The Parks Commission reviewed this request and was in approval of granting it. Trustee Lorenzini asked if the Village would be responsible for any financial exposure/liability and if there would be any security to which Administrator Stewart stated that the Village would get insurance from the boat club. Trustee Rand did not like the idea of using the Memorial Park parking area and asked if it could be moved to the marina parking lot instead. Mayor Hammond and Trustee Lightfoot-Cooper also stated they did not like the idea of parking in the Memorial Park lot. Administrator Stewart said he would talk to the group about using the upper level of the marina lot instead. Trustee Rand stated that they should be required to pay for the spaces just as restaurants pay for the bump out spaces at a rate of $25/space for the week. Communications Anna Kobelka, Exec Dir, Helping Hands, mobile shower unit Brooke Malloy and Anna Kobelka of Helping Hands of Rockland are looking to bring a mobile shower unit to the Village on a weekly basis. This would require a few parking spaces to be used. Trustee Lorenzini asked if this would be all year long. Anna stated that it probably would not be. She also stated that the trailer is a self-contained unit with 2 showers. Hygiene supplies are provided as well as clean clothes if needed. They are currently doing this in Spring Valley with success. She can provide liability insurance. Trustee Lightfoot-Cooper stated that she thought it was a great idea. She asked besides Spring Valley where else is the trailer being located. Anna Kobelka stated right now it’s just in Spring Valley. Trustee Lightfoot-Cooper also asked how many staff are with the unit and Anna responded that there are usually three. Anna Kobelka also explained it’s a great way to get people in connection with other services they may need. A resolution will be added to the next agenda for approval. Request from Danielle Candela to host a birthday party in Memorial Park on July 17th. The board approved this request. Marcy Denker request to apply for a $1,000 grant for tree planting on Artopee Way. The board approved this request. Art Collective Exhibit on July 4th The Village Board agreed to this request. The Chamber of Commerce would like to change the rain date for the exoticclassic car night from August 11th to August 18th. The board approved this request. Public Comment – None Comments from the Village Board of Trustees Donald Hammond – He stated this is his final term as mayor and he suggested in the future, making the term for the mayor four years rather than two. In the context of environmental issues and alternative power sources, he signed onto a letter from municipalities all over the state encouraging offshore wind turbines. Joseph Rand – Trustee Rand suggested changing the August 11th and September 8th meeting. Mayor Hammond stated that they should be changed to August 25th and keep the September 8th meeting as is. He went to the re-opening of the Nyack Hotel restaurant which is now called “The Farm” and it was a successful event. Marie Lorenzini – Thanked everyone for all they have been doing lately. She has been sitting in on the Parks Commission meetings and they have been doing a great job. She thanked them for all they have been doing. Donna Lightfoot-Cooper - The issues at the Housing Authority are moving ahead positively. Executive Session – Motion by Donna Lightfoot-Cooper, seconded by Joseph Rand to go into executive session at 9:43pm. The motion was approved by a vote of 4 yeas, o nays, 1 absent. Trustee Lorenzini recused herself from the discussion on 103 Gedney St. Motion by Joseph Rand, seconded by Donna Lightfoot-Cooper to exit executive session at 9:53pm. The motion was approved by a vote of 4 yeas, o nays, 1 absent Adjournment Motion by Joseph Rand, seconded by Donna Lightfoot-Cooper to adjourn the meeting at 9:54pm. The motion was approved by a vote of 4 yeas, o nays, 1 absent.