Village Board of Trustees Meeting

Minutes of the Regular Meeting of the Village of Nyack Board of Trustees held at 7:30 on Thursday, February 23, 2023 Present Don Hammond Mayor Joseph Rand Deputy Mayor Marie Lorenzini Trustee Pascale Jean-Gilles Trustee Also Present Dennis Michaels Village Attorney Andrew Stewart Village Administrator Jennifer Hetling Village Clerk/Treasurer Absent Donna Lightfoot-Cooper Trustee Meeting called to order at pm Pledge of Allegiance Adoption of Minutes – February 9, 2023 A motion was offered by Joseph Rand to approve the adoption of the minutes of February 9, 2023, seconded by Marie Lorenzini. The motion was approved by a vote of 4-0-1 (Trustee Lightfoot-Cooper absent) Public Hearing - 8:00 PM, concerning a proposed amendment to Paragraph “B” (Terms of Office) of Chapter 28 (Elections) of the Code of the Village of Nyack, so as to extend the term of office of the Mayor from two years to four years, to commence at the beginning of the official year following the next general Village of Nyack election to be held in November of 2023. Public Comment – None Resolution No. 2023-24 Resolution of the Nyack Village Board accepting audited voucher summary. WHEREAS, the Audited Voucher Summary was presented to the Nyack Village Board of trustees at its regularly scheduled meeting of February 23 2023. THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE NYACK VILLAGE BOARD AS FOLLOWS: RESOLVED, that General Fund Claims set forth on pages 1 through 14 in the amounts of General fund $109,349.95 Parking fund $34,006.71 Water Fund $40,080.57 Capital Projects – $24,116.15 as set forth on Audited Voucher Summaries and as submitted by the Village Clerk/Treasurer, are hereby approved. Motion by , seconded by to accept the resolution as presented. The motion was approved by a vote of 4-0 (1 trustee absent) Resolution No. 2023-25 Resolution of the Nyack Village Board to approve Chamber of Commerce events: Classic Car Night on July 20, 2023, Exotic Car Night on August 10, 2023, and the Nyack Halloween Parade on Saturday, October 28, 2023. RESOLVED, the Trustees of the Village of Nyack approve the closure of Main Street and related support needed for Classic Car Night on July 20, 2023, Exotic Car Night on August 10, 2023, and the Nyack Halloween Parade on Saturday, October 28, 2023. Motion by , seconded by to accept the resolution as presented. The motion was approved by a vote of 4-0 (1 trustee absent) Resolution No. 2023-26 Resolution of the Nyack Village Board to approve Nyack Boat Charter license to use the marina RESOLVED, the Village administrator is authorized to sign a license agreement with Belloster LLC, d/b/a Nyack Boat Charter for the use of Nyack Marina for a fee of 5% of gross revenue from Nyack- based bookings, subject to the review and approval as to substance and form by the Nyack Village Attorney. Motion by , seconded by to accept the resolution as presented. The motion was approved by a vote of 4-0 (1 trustee absent) Resolution No. 2023-27 Resolution of the Nyack Village Board to approve an agreement with Berard and Associates for annual audit services RESOLVED, the Trustees of the Village of Nyack approve an agreement with Berard and Associates for annual audit services at a cost of $22,000 plus $1,000 for the singe audit under Uniform Guidance and $1,700 for preparation of the AUD State Report. Motion by , seconded by to accept the resolution as presented. The motion was approved by a vote of 4-0 (1 trustee absent) Resolution No. 2023-28 Resolution of the Nyack Village Board to authorize a youth basketball tournament in Memorial Park on July 8 and 9, 2023 RESOLVED, the Village Administrator is authorized to approve the application of De’Quan Kerr for use of the basketball court in Memorial Park on July 8 and 9, 2023, for a youth basketball tournament, within the hours of 10 AM to 7 PM. Motion by , seconded by to accept the resolution as presented. The motion was approved by a vote of 4-0 (1 trustee absent) Resolution No. 2023-29: Resolution of the Village Board of Trustees to approve the application of Tonay Pridgen, TNT Waffle Shack LLC, for a food truck permit for Memorial Park and the Marina for 2023. RESOLVED, the Trustees of the Village of Nyack approve the issue of a permit to Tonay Pridgen of TNT Waffle Shack LLC to operate a food truck in Memorial Park and the Marina in 2023, conditioned on the use of a generator rated for 60 decibels or less and located in an enclosed cabinet on the truck. Motion by , seconded by to accept the resolution as presented. The motion was approved by a vote of 4-0 (1 trustee absent) . Resolution No. 2023-30: Resolution of the Village Board of Trustees to set a public hearing on amendments to the local law 360-4.5 Parking and Loading minimum off street parking requirements. RESOLVED, the Trustees of the Village of Nyack schedule a public hearing on revisions to the local law 360-4.5 Parking and Loading minimum off street parking requirements for March 9, 2023 at 8:30 PM. Motion by , seconded by to accept the resolution as presented. The motion was approved by a vote of 4-0 (1 trustee absent) Resolution No. 2023-31: Resolution of the Village Board of Trustees to set a public hearing on amendments to local law 120 Affordable Housing RESOLVED, the Trustees of the Village of Nyack schedule a public hearing on revisions to the local law 120 Affordable Housing for Motion by , seconded by to accept the resolution as presented. The motion was approved by a vote of 4-0 (1 trustee absent) Resolution No. 2023-32: Resolution of the Village Board of Trustees to issue a competitive bid to solicit for food service management company and contract for the Nyack Summer Food Service Program for 2023. RESOLVED, the Trustees of the Village of Nyack authorize the issuance of issue a competitive bid to solicit for food service management company and contract for the Nyack Summer Food Service Program for 2023, setting a bid opening date of March 23, 2023 at 10 AM. Motion by , seconded by to accept the resolution as presented. The motion was approved by a vote of 4-0 (1 trustee absent) Resolution No. 2023-33: Resolution of the Village Board of Trustees to appoint Matthew Croussouloudis as a full member of the Planning Board to fill the unfinished term of Peter Klose RESOLVED, the Trustees of the Village of Nyack approve the Mayor’s appointment of Matthew Croussouloudis as a full member of the Planning Board, to fill the unfinished term of Peter Klose, ending December 31, 2024. Motion by , seconded by to accept the resolution as presented. The motion was approved by a vote of 4-0 (1 trustee absent) Resolution No. 2023-34: Resolution of the Village Board of Trustees to appoint Taylor Light as an alternate member of the Planning Board. RESOLVED, the Trustees of the Village of Nyack approve the Mayor’s appointment of Taylor Light as an alternate member of the Planning Board, for a one year term, ending December 31, 2023. Motion by , seconded by to accept the resolution as presented. The motion was approved by a vote of 4-0 (1 trustee absent) Resolution No. 2023-35: Resolution of the Village Board of Trustees to approve an agreement with Brooker Engineering to design the ADA Pathways Project in Memorial Park. RESOLVED, the Trustees of the Village of Nyack approve an agreement with Brooker Engineering to provide consulting services for the construction of grant-funded ADA Pathways in Memorial Park, including the design of pathways and associated drainage and landscaping, bid documents and construction oversight, for a fee not to exceed $8.500. Motion by , seconded by to accept the resolution as presented. The motion was approved by a vote of 4-0 (1 trustee absent) Resolution No. 2023-36: Resolution of the Village Board of Trustees to approve an agreement with Brooker Engineering to design the Playground Improvement Project in Memorial Park. RESOLVED, the Trustees of the Village of Nyack approve an agreement with Brooker Engineering to provide consulting services for the construction of grant-funded playground improvements in Memorial Park, including plans, bid documents and construction oversight, for a fee not to exceed $8,500. Motion by , seconded by to accept the resolution as presented. The motion was approved by a vote of 4-0 (1 trustee absent) Resolution No. 2023-37: Resolution of the Village Board of Trustees to approve an agreement with Karen Arent Landscape Architect to design the Great Lawn Improvement Project in Memorial Park. RESOLVED, the Trustees of the Village of Nyack approve an agreement with Karen Arent Landscape Architect to provide consulting services for the construction of grant-funded lawn improvements in Memorial Park, including plans, bid documents and construction oversight, for a fee not to exceed $9,700. Motion by , seconded by to accept the resolution as presented. The motion was approved by a vote of 4-0 (1 trustee absent) Resolution No. 2023-38: Resolution of the Village Board of Trustees to approve a partial real property tax exemption applied to the Village property tax roll for fire and ambulance volunteers in concordance with Town of Orangetown property tax assessment policy. WHEREAS, the Board of Trustees of the Village of Nyack recognize that there is an important public safety interest in recruiting and retaining volunteers for our fire and ambulance services, and that Governor Hochul recently signed State legislation that allows any local government to provide a partial real property tax exemption to an enrolled member of an incorporated volunteer fire company or fire department, or incorporated voluntary ambulance service, or such enrolled member and spouse, to aid in the recruiting and retention of volunteers, and the Board of Trustees also recognizes that the Town of Orangetown has adopted a local law promulgating the same. Now, therefore, be it RESOLVED, that the Board of Trustees of the Village of Nyack approve of the Village of Nyack’s real property tax assessment roll to be in accordance and conformity with the Town of Orangetown’s assessment roll for 2023, including the partial property tax exemption for fire and ambulance volunteers as per §466-a of the Real Property Tax Law of the State of New York (“RPTL”) as amended effective December 9, 2022. It is further resolved that it is the intent of this Resolution to continue, and to expand, the partial real property tax exemption currently offered by the Village under Article V of Chapter 305 of the Code of the Village of Nyack (“Village Code”) consistent with the terms of the newly amended RPTL §466-a; and if the provisions of RPTL §466-a are in any way inconsistent with the provisions of Article V of Chapter 305 of the Village Code, then the provisions of RPTL §466- a shall control and govern. Motion by , seconded by to accept the resolution as presented. The motion was approved by a vote of 4-0 (1 trustee absent) Public Comment – Drew Burke – Stated that drivers are making u-turns on Village roads including Depew Ave and Main St. He also stated that the police are parking on S. Broadway occupying parking spaces and having lunch. Doug Koffman – Front St. – Stated that there was a parking study done in 2020 which stated that the parking garage at the hospital would alleviate parking on the streets but it did not. The board replied that the Board did not accept the report and the suggestions but that the Village is working with the hospital on current parking issues. Department Reports to the Board of Trustees Village Administrator – Climate Action Committee will be having a meeting at the Nyack Center XX The leaf blower partial ban has been promoted through mailings to over 100+ landscapers and apartment complexes. The DRI grant request was not awarded to us. The CFA applications are due in April. There is a memo in the packet about a bench in honor of XXX There is availability of another kayak rack through BOCES that he will have additional information on at the next meeting. Old Business Discussion of Work Session on Hotel Tax Tourism Grant Program New Business Restaurant “bump outs” or parklets policy – The Board would like a formal policy developed. Acker family boat slip gift – see memo Communications Meals on Wheels letter re: annual March for Meals campaign Public Comment – Amir – Building B9 at 197 Sickles is doing renovations and he questioned if they have a building permit. Drew Burke – Stated that most other municipalities charge sports teams to use public facilities and require insurance. Comments from the Village Board of Trustees Joseph Rand – The Nyack Fresh Market grand opening celebration is Saturday Pascale Jean-Gilles – Thanked the board for attending the NAACP event. Encouraged the public to comment on board functions and activities. Marie Lorenzini – Reminded the board that the penguin plunge is coming up. Donald Hammond – There will be a workshop on March 9th for the Emergency Tenants Protection Act (ETPA). XXX He attended the Nyack Housing Authority meeting 2 months ago where there was a NYS XXX presenting about a loan to renovate. Adjournment Motion by seconded by to adjourn the meeting at pm. The motion was approved by a unanimous vote.