Village Board of Trustees Meeting

Minutes of the Regular Meeting of the Village of Nyack Board of Trustees held at 7:30 on Thursday, July 14, 2022 Present Don Hammond Mayor Louise Parker Deputy Mayor Donna Lightfoot-Cooper Trustee Joseph Rand Trustee Also Present Walter Sevastian Village Attorney Andrew Stewart Village Administrator Jennifer Hetling Village Clerk/Treasurer Absent Marie Lorenzini Trustee Meeting called to order at 7:33pm Pledge of Allegiance Adoption of Minutes – June 23, 2022 A motion was offered by Donna Lightfoot-Cooper to approve the adoption of the minutes of June 23, 2022, seconded by Joseph Rand. The motion was approved by a vote of 4 yeas, 0 nays, 1 abstain (Trustee Parker). Public Hearing – Leaf blowers and noise ordinance Attorney Sevastian and Administrator Stewart explained the proposed local law. Steve Cea – Stated that he is glad that the Board is acting on the leaf blower ordinance as it good for noise level reduction, reducing the carbon footprint and better for air quality. Claire – In favor of the legislation and hopes that board will pass the proposed legislation. Laura Pakaln – Happy that the board is taking action. Asked how the law would be enforced. Mayor Hammond stated that it would be enforced through code enforcement and the police but it will be hard to manage. Matthew – Supports the legislation. – The gas-powered leaf blowers are especially bad for the landscapers themselves. Deirdre – Supports the legislation. The noise is constant in the summer months. Liz McGrory – Supports the legislation – She also thanked the Beyond Leaf Blowers group for all their work. Believes this legislation will improve the quality of life for people in the Village. Chase Altneu – Asked if the local landscapers were on board with the change to which the Mayor responded he did not know. Trustee Rand stated that there is plenty of time to educate the community about the rules. Judith – Supports the legislation Suzanne Buchauer – In Upper Nyack they passed the same legislation and it is working. Harry Vetter – There is significant improvement in the noise in Upper Nyack. He feels when Nyack is onboard as well it will make enforcement easier. Trustee Comments: Trustee Lightfoot-Cooper stated that it’s a great compromise – allowing for time to get on-board. Trustee Parker stated she was concerned about making everyone buy new equipment but being that the law will be phased in she supports it. Motion by Louise Parker, seconded by Joseph Rand to close the public hearing at 7:59pm. The motion was approved by a vote of 4 yeas, o nays, 1 absent. Public Comment – None Resolution No. 2022-97 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. 2022-98 Resolution of the Nyack Village Board to amend chapter 238 of the code of the Village of Nyack, entitled “Noise”, to add a new subsection “S” pertaining to leaf blowers. 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. 2022-99 Resolution of the Nyack Village Board to authorize submission of NYS funding application for Memorial Park ADA Shoreline Pathway A motion was offered by Donald Hammond to approve the resolution as presented, seconded byDonna Lightfoot-Cooper. The motion was approved by a vote of 4 yeas, o nays, 1 absent. Resolution No. 2022-100 Resolution of the Nyack Village Board to authorize submission of NYS funding application for Implementing Improved Waterfront Access: Reconstruction of the Marina Parking Lot. 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, o nays, 1 absent. Resolution No. 2022-101 Resolution of the Nyack Village Board to authorize Water Department emergency loan application to NYS for repairs following May water system incident. 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, o nays, 1 absent. Resolution No. 2022-102 Resolution of the Nyack Village Board to schedule a public hearing to amend the zoning code of the Village of Nyack as relates to cannabis dispensaries. 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. 2022-103 Resolution of the Nyack Village Board approving the street closure for August 18, 2022 for Exotic Car Night rain date. 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 4 yeas, o nays, 1 absent. Resolution No. 2022-104 Resolution of the Nyack Village Board approving use of Memorial Park for an outdoor gathering on July 17, 2022 from 11:30 am to 3:00 pm. 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. 2022-105 Resolution of the Nyack Village Board approving use of Memorial Park for an outdoor gathering on July 9, 2022 from 11:00 am to 1:30 pm. 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. 2022-106 Resolution of the Nyack Village Board approving use of Hezekiah Easter Square for an outdoor gathering on July 18, 2022 from 6:30 pm to 8:30 pm. A motion was offered by Donna Lighfoot-Cooper to approve the resolution as presented, seconded by Louise Parker. The motion was approved by a vote of 4 yeas, o nays, 1 absent. Resolution No. 2022-107 Resolution of the Nyack Village Board approving the River Town Film event in Memorial Park on August 19, 2022. 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, o nays, 1 absent. Resolution No. 2022-108 Resolution of the Nyack Village Board approving the Nyack Boat Club use of Marina parking spaces for storing boat trailers August 6-12, 2022. 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. 2022-109 Resolution of the Nyack Village Board approving the release of a request for proposals for marketing services to aid in the redevelopment of the site of the former River Club restaurant on Village owned property in the Marina 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, o nays, 1 absent. Resolution No. 2022-110 Resolution of the Nyack Village Board to approve the submission of a grant to support tree planting on Artopee Way. 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, o nays, 1 absent. Resolution No. 2022-111 Resolution of the Nyack Village Board to approve the submission of a grant To NYS Parks to fund an ADA shoreline walkway. 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 4 yeas, o nays, 1 absent. Resolution No. 2022-112 Resolution of the Nyack Village Board approving updated procurement policy 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, o nays, 1 absent. Resolution No. 2022-113 Resolution of the Nyack Village Board approving the submission of a NYS Consolidated Funding Application grant to support construction of a salt storage shed at Village DPW. A motion was offered by Donna Lightfoot-Cooper to approve the resolution as presented, seconded by Donald Hammond. The motion was approved by a vote of 4 yeas, o nays, 1 absent. Resolution No. 2022-114 - Resolution of the Nyack Village Board to approve a 3 year agreement with Constellation Energy to supply electricity to the Village of Nyack 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, o nays, 1 absent. Public Comment – Andrea – The marina parking lot closes at midnight but between the hours of 10pm-12am there are a lot of loud cars that go in and out with loud music. They also leave a lot of trash. Vinnie Cuccia – Co-owner of Strawberry Place – His sewer lines were replaced in 2001 then the Village did culvert work in 2006. In 2019 the whole sewer system collapsed which he believes is due to the Village work done in 2006. There is current pending litigation between Strawberry Place and the Village of Nyack and he requested that the Board reach out to our insurance company to encourage them to offer a bigger settlement. Jody Haggerty – Co-owner of Strawberry Place – The Village did the sewer work and it’s been an ongoing issue since. They are only asking to be made whole. Carolyn Cairns – Asked if the Nyack Parking Authority can enforce the noise ordinance to which Attorney Sevastian stated that they cannot. Department Reports to the Board of Trustees Village Attorney – The Village board took a stand that cannabis dispensaries will be allowed in the Village and now they have to determine what zoning area they should be allowed in. There are two options. The first is to allow them in the CC district and the second is to allow them in the CC and DMU-1 zones. The board agreed to eliminate the distance from residential uses requirement which would allow for dispensaries in the DMU-1 zone. The board also agreed to require video surveillance recordings to be maintained for a minimum of 60 days. Trustees Parker and Lightfoot-Cooper stated that they believe the dispensaries should be in the CC district only. Trustee Rand stated he thinks they should be in both districts. Mayor Hammond stated that since there is not a consensus, the legislation should be written to include the CCU district only for now until after the public hearing. Village Administrator – Paving is happening on Dickenson, Lawrence, Upper Depew and Jewett. The Broadway TAP project working on the curb replacements on the west side of Broadway currently. Requested County funding for work on the great lawn in Memorial Park. Communications Daniel Tiju request to close 5th Ave by 85 Marion St for a children’s camp event July 23, 2022 – The Board approved this request contingent on the group notifying the neighbors. Dwayne Burgess request to use Memorial Park basketball court for Back to School Rally September 10, 2022. – Mayor Hammond stated that the NAACP in conjunction with the Nyack Center and the Pride Center are already hosting a back-to-school BBQ and he suggested that Mr. Burgess work with them to do something together. Administrator Stewart will each out to the event organizer for more information. Russell Crouch, Jehovah’s Witness request to operate info kiosk at Hezekiah Easter Square 2 hours a day during the week. – The board denied this request noting that people still have a right to assembly and free speech. Jeffrey Friedberg, Music For Life request for use of Memorial Park, Sunday, November 6, 9:30 AM – 2:00 PM, 100-150 attendees. – The board approved this request. Comments from the Village Board of Trustees Donald Hammond –.The Downtown Revitalization Grants are open and applications are due in September. Commended Andy Stewart on his work on the Broadway TAP project. There was a basketball tournament this past weekend which went well. The only issue was that they spray painted a logo on the court which they are working together now to figure out how to get it off. Joseph Rand – There was an unpermitted rally in the Village and the employees handled it well. The DPW did a great job managing the street fair and cleaning up after. Donna Lightfoot-Cooper - Thanked the Board for everything they do. Adjournment Motion by Joseph Rand, seconded by Louise Parker to adjourn the meeting at 9:51pm. The motion was approved by a vote of 4 yeas, o nays, 1 absent.