Village Board of Trustees Meeting

Minutes of the Regular Meeting of the Village of Nyack Board of Trustees held at 7:30 on Thursday, March 23, 2023 Present Don Hammond Mayor Joseph Rand Deputy Mayor Trustee Marie Lorenzini Trustee Donna Lightfoot-Cooper Trustee Pascale Jean-Gilles Trustee Also Present Dennis Michaels Village Attorney Andrew Stewart Village Administrator Rosa Martinez Deputy Village Clerk/Treasurer Absent Jennifer Hetling Village Clerk/Treasurer Meeting called to order at 7:30pm Pledge of Allegiance Adoption of Minutes – March 9, 2023 A motion was offered by Donna Lightfoot-Cooper to approve the adoption of the minutes of February 23, 2023, seconded by Pascale Jean-Gilles. The motion was approved by a vote of 5-0. Public Comments on Action Items - No comments from the public 5.1 Resolution No. 2023-43 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 March 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 $113,581.12 Parking fund 21,198.27 Capital Projects – $1,183.00 Water Fund - $44,168.82 as set forth on Audited Voucher Summaries and as submitted by the Village Clerk/Treasurer, are hereby approved. Motion by Donna Lightfoot-Cooper seconded Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a unanimous vote. 5.2 Resolution No. 2023-44 Resolution of the Nyack Village Board of Trustees approving appointment of Samuel Hart to the Planning Board, as an alternate member. RESOLVED, the Board of Trustees approves the appointment of Samuel Hart as an alternate member of the Planning Board for a term to expire December 31, 2023. Motion by Marie Lorenzini seconded Donna Lightfoot Copper to accept the resolution as presented. The motion was approved by a unanimous vote. 5.3 Resolution No. 2023-45 Resolution of the Nyack Village Board of Trustees to declare itself SEQRA Lead Agency regarding proposed Local Law to amend Chapter 360 (Zoning) of the Code of Village of Nyack relating to minimum off street parking requirements and refer the draft local law to the Planning Board for review. RESOLVED that, in considering adoption of text amendments to Chapter 360 (Zoning) of the Code of the Village of Nyack, which amendments, in summary, are proposing to eliminate minimum off street parking requirements for commercial uses in the DMU-1 zone, and reduce minimum off street parking requirements for residential uses resulting from the conversion of existing buildings from commercial to residential use or the expansion of existing buildings vertically for residential use, in accordance with the implementing Regulations of the State Environmental Quality Review Act (“SEQRA”), found at Title 6, NYCRR, Part 617, and more than thirty days having elapsed since the Village Board of Trustees issued its Notice of Intention to Declare itself SEQRA Lead Agency to all Involved Agencies, if any, and not having received any objection to such Notice of Intention, the Village Board of Trustees hereby Declares itself to be Lead Agency in the environmental quality review of this proposed land use action, as per SEQRA Regulation 6 NYCRR §617.6(b)(5)(v), and refers the draft Local Law to the Planning Board for review and recommendation report back to the Village Board of Trustees. Motion by Donna Lightfoot-Cooper seconded Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a unanimous vote. 5.4 Resolution No. 2023-46 Resolution of the Nyack Village Board to issue a Request for Proposals for the Village Summer Camp program (need contract/RFP etc.) RESOLVED, the Board of Trustees approves the distribution of an RFP for administration of the Nyack Summer Camp program. Motion by Donna Lightfoot-Cooper seconded Joseph Rand to accept the resolution as presented. The motion was approved by a unanimous vote. 5.5 Resolution No. 2023-47 Resolution of the Nyack Village Board to issue a Request for Proposals for the administration of the Nyack Tourism Grant program. RESOLVED, the Board of Trustees approves the distribution of an RFP for administration of the Nyack Tourism Grant program with terms including a two-year contract term. Motion by Marie Lorenzini seconded Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a unanimous vote. 5.6 Resolution No. 2023-48 Resolution of the Nyack Village Board of Trustee’s to declare itself SEQRA lead agency regarding the construction of additional water treatment facilities dedicated to PFAS pollution removal. RESOLVED that, with respect to the Village Board of Trustees’ consideration of a proposal to build additional water treatment facilities dedicated to PFAS pollution removal, in accordance with the implementing Regulations of the State Environmental Quality Review Act (“SEQRA”), found at Title 6, NYCRR, Part 617, more than thirty days having elapsed since the Village Board of Trustees issued its Notice of Intention to Declare itself SEQRA Lead Agency to all Involved Agencies, if any, and not having received any objection to such Notice of Intention, the Village Board of Trustees hereby Declares itself to be Lead Agency in the environmental quality review of this proposed land use action, as per SEQRA Regulation 6 NYCRR.§617.6(b)(5)(v). Motion by Marie Lorenzini seconded Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a unanimous vote. 5.7 Resolution No. 2023-49 Resolution of the Nyack Village Board to approve a food truck license to John Monahan for an ice cream truck. RESOLVED, the Board of Trustees approves a food truck license application from John Monahan to provide an ice cream truck in the village in 2023, contingent on receipt of documentation of sufficient insurance coverage. Motion by Joseph Rand seconded Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a unanimous vote. 5.8 Resolution No. 2023-50 Resolution of the Nyack Village Board to accept donation and installation of a bench in memory of Josh Friedrich in Memorial Park. RESOLVED, the Board of Trustees approves the acceptance of a donation of a bench in memory of Josh Friedrich, to be located near Nyack Brook in Memorial Park, with the donor paying all the costs of materials and installation. Motion by Donna Lightfoot Copper seconded Marie Lorenzini to accept the resolution as presented. The motion was approved by a unanimous vote. Joseph Rand raised a concern about the lack of policy in place for others who may want a bench in the Village. The decision on this resolution has been put on hold until the Village Attorney, Dennis Michaels, can investigate and provide guidance on the matter. 5.9 Resolution No. 2023-51 Resolution of the Nyack Village Board to approve the Nyack Housing Authority Budget for fiscal year 2023-2024, with a 2.5% increase in pay for non-salaried staff. RESOLVED, the Board of Trustees approves the Nyack Housing Authority Budget, including all personnel salary allocations, for fiscal year 2023-2024. Motion by Marie Lorenzini seconded Joseph Rand to accept the resolution as presented. The motion was approved by a unanimous vote. 5.10 Resolution No. 2023-52 Resolution of the Nyack Village Board to schedule a public hearing on the 2023-2024 budget for Thursday, April 13 at 8:30 PM. RESOLVED, the Board of Trustees schedules a public hearing on the 2023-2024 budget for Thursday, April 13 at 8:30 PM. Motion by Donna Lightfoot-Cooper seconded Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a unanimous vote. No Public Comment Communications Mark Mangan: The Chamber of Commerce requested to move the Classic Car event from Main St to Memorial Park on July 20, 2023, with a rain date of July 27, 2023. Mark stated that it would not require any of the Village staff, and the Chamber of Commerce would secure the park and lock up the bathrooms when completed. With there being no questions from the Village Board, the Mayor asked to get a resolution for the next meeting. Mark Mangan: Nyack Fresh Supermarket requested to host a Car Giveaway Event on Sunday, August 6, 2023. They would like to use the River Space Parking Lot to set up a stage from 3pm to 10pm. They will reach out to the Building Inspector, Manny Carmona, to address any details that need to be addressed. The Mayor stated that the event will need to meet the same requirements as any other events, including insurance. It was noted that there will be no rain date for the event. Reports Orangetown Police Department - Mayor Don Hammond had a meeting with OPD and has nothing to report from them. Village Attorney – Has spend a lot of time on and will discuss in Executive session with Cell Tower Lease, and finds it is acceptable to him. Tourism Grant RFP working with Andy. Is very pleased with the way it looks. Also worked with Andy on the Summer Camp work. NYMIR has been very helpful to Andy and Dennis with contracts, RFP, and leases. Village Administrator – The Village Clerk/Treasurer and Village Administrator presented memos to the Board on the expense and revenue budgets and the Parking Authority budget. The Village Administrator informed the Board that New York State law requires villages to adopt their budget by May 1st. The Board discussed the timeline for reviewing and adopting the budget, including scheduling additional work sessions or meetings if necessary. The Board agreed to discuss scheduling dates for work sessions and approving the budget under New Business. A public hearing is set for April 13, 2023. The Village Administrator continued to speak about memo attached. New Business Dates April 4th, 2023 6:00pm Work Session April 13th, 2023 7:30pm Village Board Meeting April 20th, 2023 6:30pm Work Session 7:30pm Village Board Meeting April 28th, 2023 6:30pm Special Budget Meeting Old Business Scheduled a Parking Authority meeting for April 13th, 2023 6:30pm Parking Authority Work Session River Space Lot - Some concepts were reviewed with Wilson Bermeo from Nyack Fresh Market for River Space Municipal Parking Lot. 1. Installing 30 minute meter heads. 2. Making the Row closest to the store a free 30 minute parking spot with PEA enforcing it. The Village Board went back and forth with discussion. They stated it would be too time consuming for PEA's to monitor the lot, as they do have to monitor the entire Village. Also, to consider is Nyack Fresh Market is not the only business in the Village. It would unfair to other businesses. The Market is open well before and well after parking rules are in effect. A lot has already been done by the Village, putting up signs, a new Muni Meter, etc. Also recognizing Nyack Fresh Market has done a lot to accommodate the Village. Most Board members are not in favor of this parking request, would like to wait and see, it has only been 5 weeks. There are too many pieces to discuss, The Village Board will add the Parking Authority Meeting agenda and have further discussion at the Parking Authority Meeting. Public Hearing - A public hearing on amendments to the local law 360-4.5 Parking and Loading minimum off street parking requirements. 8:34pm Marie Lorenzini took a motion to open the Public Hearing and seconded Donna Lightfoot Cooper to enter Public Hearing. The motion was approved by a unanimous vote. Village Administrator - Currently the zoning law for DMU-1 (Broadway, lower Main St, and parts of Franklin St.) is that development provide off street parking at different levels. The proposal on the floor is to eliminate the off-street parking requirement if someone is doing commercial project. For example, is someone going from a boutique to a restaurant that they would not have to abide with the existing standard. The Village Board has looked at a couple of different options. Given these potential implications, it is important for the Village Board to carefully consider all options and potential outcomes. They could explore alternative approaches to managing parking in the DMU-1 zone. Joe Carlin - Joe Carlin expressed concerns about the lack of public advertising for the proposed zoning changes and suggested that there should be more public notice and participation before any decisions are made. He also questioned how the changes would affect street parking, particularly for residential dwellings, and whether there are any provisions for affordable housing in the proposed changes. Additionally, Joe Carlin pointed out that rents in the area are high and wondered why there is no initiative to address the need for off-street parking and affordable housing. Old Business Berea Church park use – 2 events @ the park 06/17/2023 Film at dusk (approx. 9pm) 06/18/2023 Basketball tournament 10am – 5pm There can not be tables and they will not have exclusive use of the park. The Mayor will discuss with Berea Church. Cont. Old Business Parklet – aka Restaurant Bump Out. During the pandemic, the use of a parking space for outdoor dining, so local restaurants can increase their space due to restaurants having a lot of restrictions indoors. The Village has recognized that there is a lot of positive benefits in addition to the sidewalk cafes beyond the pandemic. The current Village code does not create a law in which to make permanent. It has been more as an informal policy, collecting insurance and having the Building Inspector and DPW make sure the blocks are placed in a secure and safe from traffic, etc. There is need to set a fee amount. The attached memo is in effort to formalize the process to permit the Parklet. The Village Board discussed the pro’s and con’s. The Village Board will further discuss with others. New Business The Village Board approved the following policy regarding loose change in order to maintain efficiency of staff time and better serve customers: Penny - maximum of 20 Loose pennies Nickel - maximum of 20 nickels Dime - maximum of 10 dimes Quarter - maximum of 25 quarters Half Dollar - maximum of 10 half dollars Coins rolled in paper sleaves are acceptable in any amount. Motion by Donna Lightfoot-Cooper seconded Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a unanimous vote. Public Comment No Public Comment Comments from the Village Board Pascale Jean Gilles – None Donna Lightfoot Copper - The Nyack Climate Action Plan Public Workshop had a great turnout and was very informative and well done. She also mentioned that when people believe in something, they can really come together. Also, was at the Nyack Housing Authority meeting (March 21, 2023) Executive Director Toni Keys contract was not renewed. She is no longer the Executive Director and the Interim Director will be Carl L. Washington III until the complete their search for a new Executive Director. Joseph Rand – Hudson Valley Magazine “Best of”, Vote by April 6, 2023 75 businesses are being nominated for 90+ awards. You can go to welovenyack.com/best and there is a list of all businesses that are nominated from Nyack or adjacent Nyack in Rockland. Vote for 5. Please Vote! Marie Lorenzini - Again, echoing what Donna said “a nice job done by Nyack Climate Action Plan.” Soup Angels is running out of food. Nyack Fresh has said they will donate. Don Hammond – Andy and the Mayor held a meeting with Catholic Charities and the Health Association of Westchester and Rockland to discuss the challenges the Village is facing with panhandling and homelessness, and to explore potential solutions. One of the proposed ideas is to provide a van to Soup Angels on Mondays and Wednesdays, but they still need to confirm with Soup Angels. The Village has received numerous complaints about aggressive panhandling, and they aim to find ways to create a safer environment without displacing people. Motion by Joseph Rand seconded Donna Lightfoot Cooper to extend the Public Hearing to April 13th, 2023. The motion was approved by a unanimous vote. Executive Session A motion to move into Executive Session at 9:23pm to discuss personnel and legal matters was offered by Donna Lightfoot Cooper, seconded by Pascale Jean Gilles. The motion was approved by a unanimous vote. A motion to adjourn Executive Session was offered by Pascale Jean Gilles, seconded by Marie Lorenzini. The motion was approved by a unanimous vote. Adjournment Motion by Joseph Rand seconded Marie Lorenzini to adjourn the meeting at 10:00pm. The motion was approved by a unanimous vote. Respectfully submitted, Rosa Martinez Deputy Village Clerk/Treasurer