Village Board of Trustees Meeting

Minutes of the Regular Meeting of the Village of Nyack Board of Trustees held at 7:30 on Thursday, September 22, 2022 Present Don Hammond Mayor Louise Parker Deputy Mayor Marie Lorenzini Trustee Joseph Rand Trustee Also Present Walter Sevastian Village Attorney Andrew Stewart Village Administrator Jennifer Hetling Village Clerk/Treasurer Absent Donna Lightfoot-Cooper Trustee Meeting called to order at 7:30pm Pledge of Allegiance Adoption of Minutes – September 8, 2022 A motion was offered by Donald Hammond to approve the adoption of the minutes of September 8th, 2022, seconded by Louise Parker. The motion was approved by a vote of 4 yeas, 1 absent. Public Hearings Hotel Tax local law Motion by Marie Lorenzini, seconded by Louise Parker to open the public hearing on the hotel tax local law at 7:33pm. The motion was approved by a vote of 4 yeas, 1 absent. Attorney Sevastian explained that it is a 3% tax on room rental which has already been approved by the state. This is the local legislation for it. It will go into effect on January 1, 2023. Public Comment – Jack Dunnigan – Asked what the percent tax would be. Board Comments- Mayor Hammond asked why it was going into effect on January 1 and not sooner to which Attorney Sevastian stated that there is a lot of administrative work that needs to be done before collection can begin. He also asked if the filing dates were acceptable to which Treasurer Hetling stated that they were. Motion by Joseph Rand, seconded by Louise Parker to close the public hearing at 7:37pm. The motion was approved by a vote of 4 yeas, 1 absent. Cannabis zoning regulations local law Motion by Marie Lorenzini, seconded by Louise Parker to open the public hearing on the cannabis zoning regulations local law at 7:37pm. The motion was approved by a vote of 4 yeas, 1 absent. Public Comment - Daniel Jean-Gilles – Asked if the Village has done any studies on locations to which the Mayor responded that they consulted with the planning board and building department and they had differing opinions. He stated that he thinks the board should open the locations beyond the CC zone. He also stated that the board should eliminate paragraphs 10 D, E, G, I-P from the proposed law. Jack Dunnigan – Asked that the maximum hours of operation would be to which Mayor Hammond said it would be 8am – 10pm. He stated that he if for dispensaries in Nyack and in the downtown but he thinks the board should be cautious. Board Comments – Trustee Rand asked if we were to add the downtown district would the local law have to be changed to which Attorney Sevastian said that it would. Mayor Hammond took a pole of the board on the following topics: 1. Does that board want to expand the zoning past the CC district? Trustees Lorenzini and Parker said no and Mayor Hammond and Trustee Rand said yes. 2. Does the board want to add Sunday as a day of operation? Trustees Lorenzini, Parker and Mayor Hammond said no and Trustee Rand said yes. 3. Does the board want to eliminate the requirement for distance between dispensaries? The board would like to eliminate this in the next draft. Motion by Donald Hammond, seconded by Joseph Rand to hold the public hearing open. Motion passed by a vote of 4 yeas, 1 absent. Water commissioner residency local law Motion by Donald Hammond, seconded by Marie Lorenzini to open the public hearing on the water commissioner residency at 8:08pm. The motion was approved by a vote of 4 yeas, 1 absent. Attorney Sevastian stated that this is to allow people served by Nyack water to be on the board rather than just Village residents. The majority of the board would still have to be Village residents. Motion by Louise Parker, seconded by Marie Lorenzini to close the public hearing at 8:11pm. The motion was approved by a vote of 4 yeas, 1 absent. Public Comment – Ashley Curtis – She is a Nyack resident with 2 children in the Nyack School District. She is the lead organizer for the “A Day in the Life of the Hudson” event. She explained the event and asked for the support of the Board. George Bursich – Liberty Elementary School teacher – The Hudson River Day is great for the kids and the kids enjoy it. Resolution No. 146 of 2022 Resolution of the Nyack Village Board approving use of memorial park for 20th annual “A Day in the Life of the Hudson” October 13, 2022 Motion by Marie Lorenzini, seconded by Joseph Rand to approve the resolution as presented. Motion passed by a vote of 4 yeas, 1 absent. Resolution No. 2022-147 Resolution of the Nyack Village Board adopting a local law to amend Chapter 305 of the Code of the Village of Nyack, entitled “Taxation”, to add a new Article VI providing for the collection of a Hotel Room Occupancy Tax by the Village Treasurer. Motion by Donald Hammond, seconded by Louise Parker to approve the resolution as presented. Motion passed by a vote of 4 yeas, 1 absent. Resolution No. 2022-148 Resolution of the Nyack Village Board adopting a local law to amend Chapter 106 of the Code of the Village of Nyack, entitled “Water Commissioners, Board of”, to address the residency requirements applicable to the Village of Nyack Water Board Commissioners. Motion by Donald Hammond, seconded by Louise Parker to approve the resolution as presented. Motion passed by a vote of 4 yeas, 1 absent. Resolution No. 2022-149 Resolution of the Nyack Village Board adopting a local law to amend Chapter 360 of the Code of the Village of Nyack, the Village of Nyack Zoning Code, to provide for regulations regarding Cannabis Retailers Motion by Louise Parker, seconded by Joseph Rand to table the resolution as presented. Motion passed by a vote of 4 yeas, 1 absent. Resolution No. 2022-150 Resolution of the Nyack Village Board accepting audited voucher summary Motion by Marie Lorenzini, seconded by Joseph Rand to approve the resolution as presented. Motion passed by a vote of 4 yeas, 1 absent. Resolution No. 2022-151 Resolution of the Nyack Village Board to issue a bid for construction of a truck wash bay at the DPW Motion by Louise Parker, seconded by Marie Lorenzini to approve the resolution as presented. Mayor Hammond stated that there was contact from a realtor regarding purchasing the South Nyack DPW which already has a truck wash which is currently listed at 1.6million. Motion passed by a vote of 4 yeas, 1 absent. Public Comment – Del Garber - Her bedroom windows face the Spear St parking lot and all the noise that it creates. She said the noise has gotten a little better but it’s not all better. Jack Dunnigan – There is suspicious nocturnal noise and activities on the weekends in the downtown area. He has called the police on a venue or two regarding the noise. Mayor Hammond will speak to the police about it during their monthly meetings. Department Reports to the Board of Trustees Village Attorney – None Village Administrator – The DRI application was submitted. There was a committee formed to determine what projects would be addressed and a lot of good ideas came up. Communications Andre DeNonna, Hart Place block party request – Motion by Donald Hammond, seconded by Louise Parker to approve this event with an end time of 10pm. Motion passed by a vote of 3 yeas, 1 absent and 1 abstain (Trustee Rand) Roger Cohen Chamber holiday lights date change request – The board approved this change. Nyack Diner liquor license 30 day notice Request from Canisha Burrell to hold a free Zumba class at the gazebo on Main St on October 29, 2022 – The board denied this request because the Halloween Parade is that day and there are already many events going on throughout the Village and in the gazebo. Comments from the Village Board of Trustees Joseph Rand – The Phoenix Festival is happening. Louise Parker – None Marie Lorenzini – Thanked Administrator Stewart for his work in the DRI grant submission. Donald Hammond – He signed a letter for the CCA that they won’t move forward until all the criteria is met. Adjournment Motion by Joseph Rand, seconded by Marie Lorenzini to adjourn the meeting at 8:56pm. The motion was approved by a vote of 4 yeas, 1 absent.