Village Board of Trustees Meeting

Minutes of the Regular Meeting of the Village of Nyack Board of Trustees held at 7:30 on Thursday, May 11, 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 Jennifer Hetling Village Clerk/Treasurer Meeting called to order at 7:33pm Pledge of Allegiance Adoption of Minutes – April 28, 2023 A motion was offered by Donna Lightfoot-Cooper to approve the adoption of the minutes of April 28, 2023, seconded by Pascale Jean-Gilles. The motion was approved by a unanimous vote. Public Hearing – continuation of previously opened public hearing on Minimum Off Street Parking. To continue and keep open the public hearing related to proposed local law that is amending Chapter 360 of the Village Code and in particular the amendment to the DMU-1 zoning district parking requirements which will be continued to June 8, 2023 at 8pm at Village Hall. Motion by Marie Lorenzini, seconded by Donna Lightfoot-Cooper to approve the continuation of the public hearing as stated above. Motion passed by a unanimous vote. Public Comments on Action Items – Resolution No. 2023-76 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 May 11, 2023. RESOLVED, that General Fund Claims set forth on pages 1 through 14 in the amounts of General fund $75,358.65  Parking fund $7,641.02 Capital Projects – $8,986.58 Capital Projects – Water Project - $13,364.00 Water Fund - $540.44 Trust & Agency - $1,248.34 Motion by Donna Lightfoot-Cooper, seconded by Marie Lorenzini to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-77 Resolution of the Nyack Village Board Approving an Application for Memorial Park Use by Jeffrey Friedberg RESOLVED, the Board of Trustees of the Village of Nyack approves an application for Park Use by Jeffrey Friedberg for the purpose of a music event featuring a performance by Music For Life Creative Arts Therapy, at the Gazebo, on Sunday, May 20, 2023, from 9:30 AM to 1:30 PM, contingent upon the Village being named as an additional insured on an acceptable insurance policy for the event. Motion by Marie Lorenzini, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-78 Resolution of the Nyack Village Board Approving an Application for Memorial Park Use by Andre Smith RESOLVED, the Board of Trustees of the Village of Nyack approves an application for Park Use by Andre Smith for the purpose of a cancer awareness event featuring informational and activity tables, free hot dogs and ice cream, without amplified sound, on the grass near the basketball court and baseball field, for a maximum of four hours from noon to 4:00 PM, on Saturday, August 12, 2023, contingent upon the Village being named as an additional insured on an acceptable insurance policy for the event. Motion by Pascale Jean-Gilles, seconded by Marie Lorenzini to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-79 Resolution of the Nyack Village Board Approving a Service Contract with Berry Burner for Maintenance of Boilers RESOLVED, the Board of Trustees of the Village of Nyack approves a contract for professional services with Berry Burner to maintain the boilers in Village Hall and the Senior Center at a cost of $5000 for the year. Motion by Marie Lorenzini, seconded by Donna Lightfoot-Cooper to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-80 of the Nyack Village Board to approve an Administrative Services Agreement with Visit Nyack for the Nyack Tourism Grant Program WHEREAS, the Village of Nyack solicited proposals for professional services associated with the administration of the Nyack Tourism Grant Program, and proposals were opened and the sole bidder was Visit Nyack with a proposal to administer the program for a fee of 8% of total annual grant funds, and the Village Board finds the Visit Nyack proposal responsive to the specifications of the RFP and the lowest responsible bidder; and RESOLVED, that the Nyack Village Board hereby awards the contract for administration of the Nyack Tourism Grant Program to Visit Nyack, chaired by Thomas Schneck, for a fee of 8% of annual grant funds available for distribution, and amends the contract to remove the grant review committee membership specifications. Motion by Pascale Jean-Gilles, seconded by Marie Lorenzini to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-81 Resolution of the Nyack Village Board for TYPE II Classification for PFAS Treatment at the Nyack Water Treatment Plant WHEREAS, the Village of Nyack (Village) is proposing to design and install additional treatment systems at the Nyack Water Treatment Plant site to reduce Perfluorooctanoic acid (PFOA) and Perfluorooctanesulfonic acid (PFOS) concentrations in order to meet New York State’s Maximum Contaminant Levels (MCLs) (Proposed Action). WHEREAS, it is critical for the Village to plan for the installation of permanent wellhead treatment to ensure the continued operation of the wells located on the plant site and to support year-round pumpage demands. WHEREAS, the Village has applied and received funding under the Bipartisan Infrastructure Law (BIL) and Water Infrastructure Improvement Act (WIAA) administered by the New York State Environmental Facilities Corporation (EFC). The Water Authority will utilize these Bipartisan Infrastructure Law (BIL) and Water Infrastructure Improvement Act (WIAA) awards to help fund the installation of new treatment systems at the Nyack Water Treatment Plant site. WHEREAS, H2M architects + engineers, consultant to the Village, has completed a review of the subject project and recommended that the project is a Type II action in accordance with 6 NYCRR Section 617.5(c): “(9) construction or expansion of a primary or accessory/appurtenant, nonresidential structure or facility involving less than 4,000 square  feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use controls.” NOW, THEREFORE, BE IT RESOLVED, with the classification of the Proposed Action as Type II, SEQRA compliance has been completed and the Proposed Action is not subject to further review Motion by Pascale Jean-Gilles, seconded by Marie Lorenzini to accept the resolution as presented. The motion was approved by a unanimous vote. Public Comment – Jason Samuel – Asked the board to reconsider the leaf blower ban for next year stating that electric/battery operated blowers for residential use are very expensive. Tristan Dunnigan – He complained that the bars downtown are noisy and leave their doors open making it worse. He has contacted OPD many times. The noise it a quality of life issue. There was a shooting on Hudson Ave and the board needs to do something to end the violence. Reports Village Administrator – The Village will receive about 500,000 from FEMA for the Mill St. drainage project. We received another grant for Memorial Park Improvements. Burd St sidewalk project had the pre-construction meeting The playground was mulched. Paving planning includes Gedney, Lydecker, Pine St. Upper Main and Depew from Franklin to the park. We received one of two grants for EV stations. We will try again to get the other grant on the next cycle. The broken ports on Main St. will cost $5,000 to repair. Keep Rockland Beautiful had a great turnout for the cleanup project. The “Dancing in the Streets” event had a great turnout. The marina lighting project is moving forward. Old Business - ETPA policy concerning what buildings to include in the law and hence the vacancy study – The study will include buildings with 25 units and above. - Riverpace parking lot policy – Review of Parking Authority meeting on 5/4/23 - Land Use Technical Committee – Review of Work Session on 5/11/23 - Nyack Business Council re-organization to include Nyack Tourism Grant review committee - Nyack panhandling activity and concerns – Review of public meeting on 5/2/23 - EV Charging ports project update Communications Memorial Park Gazebo use permit application from John Samuel, president of Ignite Church, for Sunday, August 20, 2023, 2-7 PM, estimated 200 participants, activities to include: food truck, ice cream truck, choir performance, sermon, 5-10 activity tables, bouncy house and backpack giveaway. The board denied this request based on size (participants). Memorial Park Gazebo, Playground and splash pad use permit application from Dominguez for Saturday, June 24, 2023, noon- 3 PM, for son’s 5th birthday, estimated 25 participants, activities to include non-exclusive use of park facilities for picnic and play. The board approved this request. Marina and Boat Launch use permit application from Terence McGlynn, of the Lighthouse Swim Inc., for Sunday, September 10, 2023, 8-10 AM, for charity event with an estimated 100 participants. The board approved this request. Memorial Park use permit application from Elizabeth Bretz, Therapist, “Climb Out of Darkness” event to support mental health and general awareness of people struggling with post-partum mood disorder, for Sunday, June 25, 10 AM- noon, estimated 15 participants meeting for a walk and a group photo. The board approved this request. Fire Department Procession, Sunday, June 11, 2023, 9:15 AM, New St to B’way to Main to Midland to Sickles to Oak Hill cemetery. Memorial Park use permit application from Lisa Retallack of OCADA (Our Community Against Drug Use).  Community Party and Big Screen Movie in the Park - Saturday, June 3, 2023 "Peace in the Park" - Saturday, September 9, 2023. It will be a free, fun, family-friendly festival in partnership with a locally grown organization called Races for Peace - The board approved the June 3 event. The September 9th event will be discussed later when the park project has a clear timeline. Public Comment – Jack Dunnigan – Asked for an explanation of the new parking rules for the Riverspace Lot and asked if the same rules could apply to South Broadway. Alex Vursta – He owns a property in the DMU-2 zone which he would like to develop. But because of the density and parking requirements it doesn’t make sense for him. Comments from the Village Board Pascale Jean Gilles – Had a great time painting benches in Memorial Park while working with the Donna Lightfoot Copper – The Nyack Housing Authority meeting was rescheduled for May 23rd at 630pm. Joseph Rand – The panhandling meeting last week went very well. Marie Lorenzini – None Don Hammond – There was a private viewing of Jackson Ave. which was very powerful. He would like to present it to the community as a public showing. He met with Assemblyman Zebrowski at the DPW and presented ideas of installing a salt shed and truck wash. He also spoke to him about seed funding for youth programming. Orangetown is looking into doing recreational programming in South Nyack at the park on South Franklin. He participated in a zoom call with Mayor Adams who is encouraging all municipalities to take some migrants from NYC. Motion by Marie Lorenzini, seconded by Pascale Jean-Gilles to change the July 13th meeting date to July 20. Motion passed by a unanimous vote. Adjournment Motion by Joseph Rand seconded by Pascale Jean-Gilles to adjourn the meeting at 8:42pm. The motion was approved by a unanimous vote.