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Village Board of Trustees Meeting

Regular Meeting

Nyack, NY · May 25, 2023

AgendaMinutes

Minutes

Minutes of the Regular Meeting of the Village of Nyack Board of Trustees held at 7:30 on Thursday, May 25, 2023 Present Don Hammond Mayor Joseph Rand Deputy Mayor Trustee Donna Lightfoot-Cooper Trustee Also Present Andrew Stewart Village Administrator Jennifer Hetling Village Clerk/Treasurer Absent Marie Lorenzini Trustee Pascale Jean-Gilles Trustee Dennis Michaels Village Attorney Meeting called to order at 7:30pm Pledge of Allegiance Adoption of Minutes – May 11, 2023 A motion was offered by Donna Lightfoot-Cooper to approve the adoption of the minutes of May 11, 2023, seconded by Joseph Rand. The motion was approved by a vote of 3-0-2 (Trustees Lorenzini and Jean-Gilles absent). Public Comments on Action Items – None Resolution No. 2023-82 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 25, 2023. RESOLVED, that General Fund Claims set forth on pages 1 through 13 in the amounts of General fund $95,850.58 Parking fund $8,269.50 Capital Projects – $54,487.89 Water Fund - $279.57 Motion by Donald Hammond, seconded by Joseph Rand to accept the resolution as presented. The motion was approved by a vote of 3-0-2 (Trustees Lorenzini and Jean-Gilles absent). Resolution No. 2023-83 Resolution of the Nyack Village Board Approving the Re- Appointment of Dara Joseph to the Board of the Nyack Housing Authority RESOLVED, the Mayor hereby re-appoints Dara Joseph as a member of the Board of the Nyack Housing Authority for a term to expire in January of 2028. RESOLVED, that the Mayor’s appointment of Dara Joseph to the Nyack Housing Authority Board is hereby approved. Motion by Donna Lightfoot-Cooper, seconded by Joseph Rand to accept the resolution as presented. The motion was approved by a vote of 3-0-2 (Trustees Lorenzini and Jean-Gilles absent). Resolution No. 2023-84 Resolution of the Nyack Village Board Approving the Village of Nyack’s 2022 Agreement With Cornell Cooperative Extension for EPA Phase 2 Stormwater Regulation Education And Outreach Requirements; And Also To Approve The Village Participating In The Ms4 Stormwater Grant With Stormwater Consortium And Rockland County. RESOLVED that the contract with the Cornell Cooperative Extension to provide state mandated Stormwater Education services to the Village of Nyack effective April 1, 2023 through March 31, 2024, at a cost not to exceed $1,952.27 per year, is hereby accepted, and it is further RESOLVED that the Village is authorized to participate in the MS4 Stormwater Grant with Stormwater Consortium and Rockland County, and it is further RESOLVED, that the Mayor is hereby authorized to execute any necessary agreements to effectuate this Resolution with Rockland County or the Cornell Cooperative Extension for said services, subject to the approval of the Village Attorney. Motion by Donald Hammond, seconded by Donna Lightfoot-Cooper to accept the resolution as presented. The motion was approved by a vote of 3-0-2 (Trustees Lorenzini and Jean-Gilles absent). Resolution No. 2023-85 Resolution of the Nyack Village Board Declaring itself SEQRA Lead Agency re: Proposed Cell Tower at Nyack Water Department. RESOLVED that, with respect to the Village Board of Trustees’s consideration of a proposal to construct and erect a wireless communications/radio transmission facility (i.e., a cell tower and appurtenant equipment) by Homeland Towers LLC at the Village of Nyack Water Department’s water treatment facility located at 230 Route 59, West Nyack (Town of Clarkstown), NY (Tax Map Designation #65.05-2-1), in accordance with the implementing Regulations of the New York 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 Donna Lightfoot-Cooper, seconded by Joseph Rand to accept the resolution as presented. The motion was approved by a vote of 3-0-2 (Trustees Lorenzini and Jean-Gilles absent). Resolution No. 2023-86 Resolution of the Nyack Village Board Approving an Application for a Child’s Birthday Party Event in Memorial Park RESOLVED, the Board of Trustees of the Village of Nyack approves an application for Park playground and splash pad use from Jennifer Dominguez for Monday, June 19, 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, subject to provision of appropriate insurance certificate. Motion by Joseph Rand, seconded by Donna Lightfoot-Cooper to accept the resolution as presented. The motion was approved by a vote of 3-0-2 (Trustees Lorenzini and Jean-Gilles absent). Resolution No. 2023-87 Resolution of the Nyack Village Board Approving an Application for a Charity Swim Event in the Marina RESOLVED, the Board of Trustees of the Village of Nyack approves an application for 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, subject to provision of appropriate insurance certificate. Motion by Donna Lightfoot-Cooper, seconded by Joseph Rand to accept the resolution as presented. The motion was approved by a vote of 3-0-2 (Trustees Lorenzini and Jean-Gilles absent). Resolution No. 2023-88 Resolution of the Nyack Village Board Approving an Application for an Event in the Park for a Mental Health Event RESOLVED, the Board of Trustees of the Village of Nyack approves an application for Park Memorial Park use from Elizabeth Bretz, Therapist, for a “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, subject to provision of appropriate insurance certificate. Motion by Donna Lightfoot-Cooper, seconded by Joseph Rand to accept the resolution as presented. The motion was approved by a vote of 3-0-2 (Trustees Lorenzini and Jean-Gilles absent Resolution No. 2023-89 Resolution of the Nyack Village Board Approving an Application for a Special Event Street Closure for the Fire Department Procession RESOLVED, the Board of Trustees of the Village of Nyack approves an application for Fire Department Procession, Sunday, June 11, 2023, 9:15 AM, on New St to B’way to Main St to North Midland Ave to Sickles Ave to Oak Hill cemetery. Motion by Donna Lightfoot-Cooper, seconded by Joseph Rand to accept the resolution as presented. The motion was approved by a vote of 3-0-2 (Trustees Lorenzini and Jean-Gilles absent Resolution No. 2023-90 Resolution of the Nyack Village Board Approving an Application for an Film Showing Event in Memorial Park by OCADA RESOLVED, the Board of Trustees of the Village of Nyack approves an application for Park Memorial Park Gazebo use from Lisa Retallack of OCADA (Our Community Against Drug Use) for a Big Screen Movie in the Park event, Saturday, June 3, 2023, following the African American Day Parade, subject to provision of appropriate insurance certificate. Motion by Donald Hammond, seconded by Donna Lightfoot-Cooper to accept the resolution as presented. The motion was approved by a vote of 3-0-2 (Trustees Lorenzini and Jean-Gilles absent Public Comment – Joe Carlin – Thanked the board for passing the leaf blower law Chris Pinset – he would like to play music in Memorial Park on July 4th with DJ Marley Marl from 6pm – 8pm. The Mayor would like to talk to the immediate neighbors to ask to ensure that the sound wouldn’t be disruptive before approving. He will do this between meetings and add this to the agenda for review at the next meeting. Reports Village Administrator – The Sustainability Committee would like to team with a non-profit company through NYSERDA to offer free consultations to restaurant about food management and food waste. The flyers would have the Village logo. The board approved this. - A 6 foot long sturgeon washed up on shore at Memorial Park. – A couple of the vendors being used the park grant projects are being changed due to issues with them getting federal certification. – The ETPA vacancy study has started. Old Business Ignite Church Memorial Park event request – revised – Sunday, Aug 20, 4-7 pm. John Samuel – pastor of Ignite Church – explained that the event will give away backpacks, have arts & crafts for the children, live music and would like to generally engage with the public. Mayor Hammond requested that they bring a clear and concise plan to the Village Administrator before the next meeting for review. New Business Reschedule 6/22 BOT to 6/29/23 – This Board approved this. A resolution will be added to the next agenda NYS Consolidated Funding Applications due in July • Marina restaurant bulkhead repair • Memorial Park shoreline walkway In order to prepare this application, Administrator Stewart requested permission to use the grant writer and get engineering preliminary plans prepared. The board approved this request. He also noted that if successful in getting the grant, there would be matching funds required. Film permitting – definition of “Directly Impacted Merchants” George Pavel - requested that the board update the Village code to make the definition of “directly impacted merchants” more clear to avoid future uncertainty Communications Next Chapter NY LLC Cannabis Retail License notification Pancho Villa application for dining parklet permit – There is currently no law on parklets but this can be done safely. There are 7 parklets currently and 10 are allowed per season. The board asked that the immediate neighbors be informed then it can be approved. Dennis Lynch on behalf of St. Ann’s Church requested Jefferson St be closed for a special event on July 30 from 11am-3pm. The board approved this request Brianne Higgins of Maureens Jazz Cellar would like to hold a bluegrass event on August 13th (raindate August 20). She is requesting a street closure on N Broadway between Main St and High St. The board asked that she file the formal paperwork and they will discuss again at the next meeting. Request to have a wedding proposal in Memorial Park in August. The board approved this request. Public Comment – Jack Dunnigan – Parklets eliminate more parking in the downtown where there is already insufficient parking Comments from the Village Board Donna Lightfoot Cooper – The Nyack Housing Authority is going through transition but is headed in a good direction. The panhandling meeting last night went very well. Sergeant Detective Palazolo did a wonderful presentation. Joseph Rand – Congratulated the recent winners of the school board election. Don Hammond – The 2nd panhandling meeting occurred and there will be another in 2 weeks. He requested that the public get involved and help out. Adjournment Motion by Joseph Rand seconded by Donna Lightfoot-Cooper to adjourn the meeting at 8:53pm. The motion was approved by a vote of 3-0-2 (Trustees Lorenzini and Jean-Gilles absent

Agenda

Village of Nyack 9 North Broadway, Nyack, NY 10960 Village Board of Trustees Meeting May 25, 2023 7:30 pm YouTube meeting livestream access link (public comment is in-person only): https://www.youtube.com/channel/UCJIPWjS1Be7gq4S7KiIh7Ag 1. Pledge of Allegiance 2. Adoption of Minutes – May 11, 2023 3. Public Hearing – 4. Public Comment – Discussion of Action Items Only – 3 Minute Time Limit. 5. Action Items 5.1 Resolution No. 2023-82 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 25, 2023. RESOLVED, that General Fund Claims set forth on pages 1 through 13 in the amounts of General fund $95,850.58 Parking fund $,8,269.50 Capital Projects – $54,487.89 Water Fund - $279.57 5.2 Resolution No. 2023-83 Resolution of the Nyack Village Board Approving the Re- Appointment of Dara Joseph to the Board of the Nyack Housing Authority RESOLVED, the Mayor hereby re-appoints Dara Joseph as a member of the Board of the Nyack Housing Authority for a term to expire in January of 2028. 1 RESOLVED, that the Mayor’s appointment of Dara Joseph to the Nyack Housing Authority Board is hereby approved. 5.3 Resolution No. 2023-84 Resolution of the Nyack Village Board Approving the Village of Nyack’s 2022 Agreement With Cornell Cooperative Extension for EPA Phase 2 Stormwater Regulation Education And Outreach Requirements; And Also To Approve The Village Participating In The Ms4 Stormwater Grant With Stormwater Consortium And Rockland County. RESOLVED that the contract with the Cornell Cooperative Extension to provide state mandated Stormwater Education services to the Village of Nyack effective April 1, 2023 through March 31, 2024, at a cost not to exceed $1,952.27 per year, is hereby accepted, and it is further RESOLVED that the Village is authorized to participate in the MS4 Stormwater Grant with Stormwater Consortium and Rockland County, and it is further RESOLVED, that the Mayor is hereby authorized to execute any necessary agreements to effectuate this Resolution with Rockland County or the Cornell Cooperative Extension for said services, subject to the approval of the Village Attorney. 5.4 Resolution No. 2023-85 Resolution of the Nyack Village Board Declaring itself SEQRA Lead Agency re: Proposed Cell Tower at Nyack Water Department. RESOLVED that, with respect to the Village Board of Trustees’s consideration of a proposal to construct and erect a wireless communications/radio transmission facility (i.e., a cell tower and appurtenant equipment) by Homeland Towers LLC at the Village of Nyack Water Department’s water treatment facility located at 230 Route 59, West Nyack (Town of Clarkstown), NY (Tax Map Designation #65.05-2-1), in accordance with the implementing Regulations of the New York 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). 5.5 Resolution No. 2023-86 Resolution of the Nyack Village Board Approving an Application for a Child’s Birthday Party Event in Memorial Park RESOLVED, the Board of Trustees of the Village of Nyack approves an application for Park playground and splash pad use from Jennifer Dominguez for Monday, June 19, 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, subject to provision of appropriate insurance certificate. 2 5.6 Resolution No. 2023-87 Resolution of the Nyack Village Board Approving an Application for a Charity Swim Event in the Marina RESOLVED, the Board of Trustees of the Village of Nyack approves an application for 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, subject to provision of appropriate insurance certificate. 5.7 Resolution No. 2023-88 Resolution of the Nyack Village Board Approving an Application for an Event in the Park for a Mental Health Event RESOLVED, the Board of Trustees of the Village of Nyack approves an application for Park Memorial Park use from Elizabeth Bretz, Therapist, for a “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, subject to provision of appropriate insurance certificate. 5.8 Resolution No. 2023-89 Resolution of the Nyack Village Board Approving an Application for a Special Event Street Closure for the Fire Department Procession RESOLVED, the Board of Trustees of the Village of Nyack approves an application for Fire Department Procession, Sunday, June 11, 2023, 9:15 AM, on New St to B’way to Main St to North Midland Ave to Sickles Ave to Oak Hill cemetery. 5.9 Resolution No. 2023-90 Resolution of the Nyack Village Board Approving an Application for an Film Showing Event in Memorial Park by OCADA RESOLVED, the Board of Trustees of the Village of Nyack approves an application for Park Memorial Park Gazebo use from Lisa Retallack of OCADA (Our Community Against Drug Use) for a Big Screen Movie in the Park event, Saturday, June 3, 2023, following the African American Day Parade, subject to provision of appropriate insurance certificate. 6. Public Comment 7. Department Reports to the Board of Trustees (based on availability) 7.1 Orangetown Police Department 7.2 Village Attorney 7.3 Village Administrator 7.4 Village Clerk 3 8. Old Business 8.1 Ignite Church Memorial Park event request – revised – Sunday, Aug 20, 4-7 pm. 9. New Business 9.1 Reschedule 6/22 BOT to 6/29/23? 9.2 NYS Consolidated Funding Applications due in July • Marina restaurant bulkhead repair • Memorial Park shoreline walkway 9.3 Film permitting – definition of “Directly Impacted Merchants” 10. Communications 10.1 Next Chapter NY LLC Cannabis Retail License notification 10.2 Pancho Villa applic for dining parklet permit 11. Public Comment 12. Comments from the Village Board of Trustees 13. Executive Session 14. Adjournment 4

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