Village Board of Trustees Meeting

Minutes of the Regular Meeting of the Village of Nyack Board of Trustees held at 7:30 on Thursday, August 10, 2023 Present Don Hammond Mayor Joseph Rand Deputy Mayor Trustee Marie Lorenzini Trustee Donna Lightfoot-Cooper Trustee Pascale Jean-Gilles Trustee Also Present Andrew Stewart Village Administrator Jennifer Hetling Village Clerk/Treasurer Dennis Michaels Village Attorney Absent Meeting called to order at 8:06pm Pledge of Allegiance Adoption of Minutes – July 20, 2023 – Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to accept the minutes of 7/20/2023 as presented. The motion was approved by a vote of 4-0-1. (Trustee Lorenzini abstained) Public Hearing – 8:00 PM Public Hearing on proposed amendments to Chapter 187 (Filming) of the code of the Village of Nyack Public Comment – George Pavel – Asked if directly impacted merchants was specifically detailed. Jack Dunnigan – Stated that the current law works and doesn’t need to be changed. He also suggested reaching out to other villages in the area to see that their policy is. Jacqui Drechsler – Stated that she works in Nyack and filming crews/trucks sometimes block the roads. She also suggested the Village hold a fund to help residents that are effected by the filming companies but not compensated. Joe Carlin – Feels that the illustrative examples should be eliminated from the law because it’s limiting the scope. Motion by Joseph Rand, seconded by Pascale Jean-Gilles to close the public hearing at 8:47pm. Motion passed by a unanimous vote. Presentation by Thomas Schneck of Visit Nyack regarding the applications and awards for the Tourism Grant. Public Comments on Action Items – None Resolution No. 2023-120 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 July 20, 2023. RESOLVED, that General Fund Claims set forth on pages 1 through 14 in the amounts of General Fund– $123,269.78 Parking Fund – $40,877.28 Water Fund – $20,703.94 Capital Projects – $43,801.91 Trust and Agency Fund - $2,176.44 Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-121 Resolution of the Nyack Village Board Approving a Permit Application for an Event in Memorial Park by River Town Films RESOLVED, the Board of Trustees of the Village of Nyack approves an application for Park Use by Matt Seig of River Town Films to show a children’s movie, The Indian in the Cupboard, at the Gazebo in Memorial Park on Saturday, August 26 (rain date August 27), from 6 PM to 10 PM, subject to provision of appropriate insurance certificate. 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. 2023-122 Resolution of the Nyack Village Board Approving a Permit Application for the Annual Back to School BBQ Event in Memorial Park RESOLVED, the Board of Trustees of the Village of Nyack approves an application for Park Use by the organizers of the annual Back to School BBQ event at the Gazebo in Memorial Park on Saturday, August 26 (rain date August 27), from 10 AM to 6 PM, with Village sponsorship of insurance and DPW support for setup and cleanup. This permit replaces the previously approved closure of Depew Ave for this 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. 2023-123 Resolution of the Nyack Village Board Approving a Permit Application by Caeli Porette for a Marriage Ceremony in Memorial Park  RESOLVED, the Board of Trustees of the Village of Nyack approves an application for Park Use by Caeli Porette for a marriage ceremony at the Gazebo on Friday, September 8, 2023, from 3:30 PM to 4:30 PM, subject to provision of appropriate insurance certificate. Motion by Pascale Jean-Gilles, seconded by Donna Lightfoot-Cooper to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-124 Resolution of the Nyack Village Board Approving a Permit Application by Laura Krantz for a Marriage Ceremony in Memorial Park RESOLVED, the Board of Trustees of the Village of Nyack approves an application for Park Use by Laura Krantz for a marriage ceremony and photos at the Viewing Pier on Saturday, October 14, 2023, for 20 minutes between 10 AM to 12:30 PM, subject to provision of appropriate insurance certificate. Motion by Pascale Jean-Gilles, seconded by Joseph Rand to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-125 Resolution of the Nyack Village Board Approving Funding of Nyack Tourism Grant projects WHEREAS, The Board of Trustees, in recognition of the importance of tourism to local economic development, recently adopted a local law providing for a Hotel Bed Tax in order to fund tourism promotion projects, and is in receipt of $68,034.72 from the tax period January- May 2023, and intends to allocate 50% of this revenue, minus an administrative cost of 8%, to tourism promotion projects, which total grant fund is $31,295.75; and WHEREAS, The Board of Trustees delegated to the Nyack Business Council the responsibility to advise the Board of Trustees on funding decisions in response to applications for Nyack Tourism Grants, and contracted with Visit Nyack to administer the grant program on behalf of the Village, and the Business Council has received, reviewed and discussed applications, including presentations by applicants to the Business Council; therefore RESOLVED, the Board of Trustees of the Village of Nyack allocates $31,295.75 in funds for the current round of the Nyack Tourism Grant program, and RESOLVED, based on advice and recommendation from the Nyack Business Council, the Board of Trustees approves the following grants for tourism promotion projects, and directs the Village Administrator to execute all necessary agreements, subject to the review of the Village Attorney, to fund these projects, with any unused grant funds rolled into the next round of the grant program: • Arts Rock, “Candlelight Concert Series,” $4,000  • The Wardrobe Archivist, “Thrifting Tour through Nyack,” $1,500 • Phoenix Theatre Ensemble, “Phoenix Festival,” $7,500 • Mark Mangan, “The Spirit of Nyack - Halloween Experience on Sobro,” $2,000 • The Local, “Octoberfest,” $2,500 • Hotel Nyack, “The Experience Nyack Package,” $6,950 • Black Parakeetz, “Arts, Carafes & Cocktails Festival,” $1,000 • Rivertown Film, “Jonathan Demme Close-Up,” $1,400 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. 2023-126 Resolution of the Nyack Village Board Supporting Mayor’s Appointment of an Additional Member to the Nyack Business Council, Tasks to Include Review of Nyack Tourism Grant Applications and Advising the Village Board on its Grant Awards Decisions. RESOLVED, the Travis Koester is hereby appointed to the Nyack Business Council to aid in its general business, including the review of tourism grant applications and the advising of the Village Board of Trustees on grant awards decisions. Motion by Joseph Rand, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-127 Resolution of The Nyack Village Board to Schedule a Public Hearing on Proposed Amendments to Chapter 360 (Zoning) of the Code of the Village of Nyack, So As To Exempt the Removal of a Single Significant Tree From Planning Board Review and Approval RESOLVED, the Board of Trustees of the Village of Nyack schedules a public hearing for 8 PM on Thursday, September 14, 2023, to consider amendments to Chapter 360 (Zoning) of the code of the Village of Nyack, so as to exempt the removal of a single significant tree from planning board review and approval. Motion by Pascale Jean-Gilles, seconded by Joseph Rand to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-128: Resolution of the Village Board of Trustees to adopt a Local Law amending Chapter 187 (Filming) of the Nyack Village Code WHEREAS, the Board of Trustees (“Board”) of the Village of Nyack (“Village”) is the duly elected legislative body of the Village, and authorized to adopt Local Laws amending the Code of the Village of Nyack (“Village Code”). WHEREAS, the Board has considered the adoption of amendments to Chapter 187 of the Village Code, entitled “Filming,” for the general purpose of improving, clarifying and enhancing the Village’s policies, procedures, requirements and regulations with respect to commercial filming, taking, shooting or making of a motion picture, television, videotape or film production (“filming”) within the Village; including changes to bring Chapter 187 up to date with current best practices in the field of municipal permitting of filming, so as to serve the Board’s desire to improve the Village’s ability to administer filming permits, and coordinate filming activities, with minimal disruption to local roads, sidewalks, businesses and residents. WHEREAS, the Village Attorney has opined, and the Board has accepted his legal opinion, that the proposed Local Law is exempt from environmental review, as a Type II Action, as per the State Environmental Quality Review Act (SEQRA) Regulations 6 NYCRR §617.5(c)(21), (25), (33) and/or (34), which exempt from environmental review (i) minor temporary uses of land having negligible or no permanent impact on the environment, (ii) official acts of a ministerial nature involving no exercise of discretion, (iii) engaging in review of any part of an application to determine compliance with technical requirements and/or (iv) a local legislative body’s adoption of regulations, policies, procedures and local legislative decisions in connection with any action on the SEQRA Type II exempt list. WHEREAS, following compliance with all public notice requirements as mandated by NYS statute(s) and the Village Code, and distribution of the proposed Local Law to the Board as per NYS Municipal Home Rule Law §20(4), a Public Hearing was duly held by the Board regarding the proposed Local Law. NOW, THEREFORE, based on all of the information before the Board, and the findings made herein, be it RESOLVED that the Board hereby ADOPTS the proposed Local Law in the form and substance as appended hereto, and as may be amended herein. LOCAL LAW NO. _____ OF 2023, TO AMEND CHAPTER 187 (FILMING) OF THE CODE OF THE VILLAGE OF NYACK Be it enacted by the Board of Trustees of the Village of Nyack as follows: Section 1 - Legislative Authority, Purpose and Intent: This Local Law is adopted pursuant to New York State (“NYS”) Municipal Home Rule Law (“MHRL”) §10, and in accordance with the procedures prescribed in MHRL §20. The purpose and intent of this Local Law is to improve, clarify and enhance the Village of Nyack’s (“Village”) policies, procedures, requirements and regulations with respect to commercial filming, taking, shooting or making of a motion picture, television, videotape or film production within the Village, any of which may be referred to herein as “filming.” Section 2 – The definition of “directly impacted merchants” in §187-1 (Definitions), of Chapter 187 (Filming) of the Code of the Village of Nyack, is amended to read as follows: DIRECTLY IMPACTED MERCHANT A merchant whose place of business is located in an area where on-street parking, roadway traffic or public sidewalk closures, restrictions or constraints are caused, for that merchant, directly as a result of the applicant’s filming activities. Illustrative examples of said closures, restrictions or constraints are at a minimum: (i) the merchant’s public entrance/exit doorway is blocked, (ii) the public sidewalk, abutting the merchant’s place of business, is blocked, and (iii) on-street parking spaces, which are fully or partially in front of, and on the same side of the street as, the merchant’s place of business, are blocked. Section 3 – §187-1 (Definitions), of Chapter 187 (Filming) of the Code of the Village of Nyack, is amended so as to add new definitions, which new definitions shall read as follows: MOTION PHOTOGRAPHY The commercial filming, taking, shooting or making of a motion picture, television, videotape or film production within the Village, any of which may be referred to herein as “filming.” Motion photography shall not include the shooting of such film at studios constructed for such purpose where no Village equipment or Village facilities are involved. NYACK CODE The Code of the Village of Nyack. PERMITTEE An applicant for a Production Permit, under this chapter, who has been issued a Permit. PRODUCTION PERMIT (sometimes referred to in this chapter as “Permit” or “permit”) The filming Permit contemplated by this chapter. VILLAGE The Village of Nyack. VILLAGE EQUIPMENT Any tangible property, other than real property, purchased by public funds and utilized in the normal course and scope of providing governmental services by the Village. VILLAGE FACILITY  Any (i) public street, road or sidewalk, or (ii) land, building, structure or place owned or controlled by the Village, including, but not be limited to, Village parks and recreation facilities, and Village Hall. Section 4 – The sub-title for §187-2, currently entitled “Permit required; limitations; fee,” of Chapter 187 (Filming) of the Code of the Village of Nyack, is amended to read as follows: Permit required; and some rules. Section 5 – New paragraphs “E,” “F,” “G,” “H,” “I,” “J,” “K” and “L,” of §187-2 (to be entitled “Permit required; and some rules,” as amended by this Local Law), of Chapter 187 (Filming) of the Code of the Village of Nyack, are inserted to read as follows: E. The Village Clerk, or his/her designee, is hereby authorized to act as the agent for the Village in the receipt and processing of applications for Production Permits (sometimes referred to in this chapter as “Application” or “application”). After review and approval by the applicable Officials of the Village, the Village Clerk shall issue the Production Permit. Except as otherwise specifically set forth in this chapter, no other Village permits shall be required with respect to motion photography production. F. No person shall advertise, engage in, participate in or start any motion photography production within the Village of Nyack unless the issuance of a Production Permit is approved by the Village Board of Trustees; and unless, thereafter, a Production Permit is issued by the Village Clerk, or his/her designee. G. There shall be no blocking or closure of Village facilities without acquiring prior written permission and authorization from the Village. The construction, installation or erection of new buildings, structures, stages, platforms or fixtures affixed to the realty (“structures”), or the alteration of existing structures, is prohibited, unless the Permittee obtains prior written approval from the Village Building Department. Permittees reserving any Village facility that does not have restrooms shall be responsible for providing properly and satisfactorily maintained portable restrooms, in a clean and sanitary condition, at Permittee’s own cost and expense. Use of sound amplification is prohibited without prior written approval from the Village. H. Failure to comply with the terms and conditions of the Production Permit, once issued, shall be grounds for immediate suspension of the filming production until such time as the noncompliance is remedied. The suspension shall be initially communicated orally, followed by a written suspension order. Continued failure to comply with the terms and conditions of the Production Permit may result in revocation of the Production Permit. The revocation or  suspension procedure will be carried out by the Village Clerk, or his/her designee. Continuation of the filming production, in violation of the suspension or revocation, shall be punishable as provided in §187-6 of this chapter. I. With the Application for the Production Permit, the Applicant shall submit an affidavit or certificate, signed under oath, in a form satisfactory to the Village Clerk, or his/her designee, that all operators of commercial businesses, and all property owners and residential occupants, within 150 feet of the filming site (“neighbors”), have been notified of the filming, and arrangements have been made to cause the least disruption for the neighbors as possible. J. With the Application for the Production Permit, the applicant shall submit written consent, in a form satisfactory to the Village Clerk, or his/her designee, of all private property owner(s) of any property where equipment, cast or crew will enter on said private property. K. Except as otherwise specifically set forth in this chapter, after a Production Permit has been issued, and notwithstanding any other provisions of the Nyack Code to the contrary, no other Village permits shall be required for any of the activities forming a part of the filming production; but the Permittee, and its staff, cast and crew, must still comply with, and obey, all Federal, State and County laws, rules and regulations, and the Nyack Code (except that no other Village permits shall be required for any of the activities forming a part of the filming production). L. If any food or merchandise is anticipated to be purveyed by the Permittee, the Applicant must attach to its Application, at least thirty days prior to commencement of filming activity, a letter of intent; and, thereafter, receive approval of the Village Board of Trustees. Purveying of food may also subject to regulations of the Rockland County Department of Health. Section 6 – Sub-paragraph “1” of paragraph “B,” of §187-3 (Issuance of Permits), of Chapter 187 (Filming) of the Code of the Village of Nyack, is amended to read as follows: (i) The Applicant shall furnish, to the Village, commercial general liability insurance coverage for the following risks and amounts: • Bodily injury and property damage, including products liability – $1,000,000 per occurrence; $2,000,000 aggregate. • Automobile liability – $1,000,000 per occurrence (policy must cover “Any Auto”). • Workers’ compensation insurance – $1,000,000, providing full statutory coverage and employers liability coverage, and where there is any exposure adjacent to navigable waters, policy must include US Longshore and Harbor Workers Compensation. • Umbrella Excess liability – $4,000,000 per occurrence; $4,000,000 aggregate (aggregate shall not apply to any coverage that is not subject to an aggregate in the underlying policy). (ii) Such insurance shall include the Village, and its officers, employees, and agents, as additional insured. All such insurance shall be primary insurance, and shall not be secondary nor contributory to any other insurance which the Village may have. The Applicant shall attach a copy of the endorsement that is part of the Applicant’s policy that triggers additional insured status. All such insurance shall be “date of occurrence” and not “claims-made” insurance. Each such insurance policy shall provide that the policy will not be cancelled or modified by the insurer or insured unless there is a minimum of thirty days’ written notice to the Village. None of the above-described policies shall require the Applicant to meet a deductible or self-insured retention, unless specifically approved, in writing, by the Village Clerk. No Production Permit shall be issued until the Applicant has furnished, or caused to be furnished, to the Village appropriate certificates evidencing all of the foregoing insurance coverages with no restrictive endorsements, e.g., a Certificate of Liability Insurance (ACORD 25); or a form at least equal to ISO form # CG 00 01 12 07, ISO form # CG 20 12 07 98, or ISO form # CA 00 01 03 06, as applicable. All policies shall be written with insurance companies licensed and admitted to do business by the State of New York and rated by A.M. Best Company at least A- minus financial strength rating, and IX financial size category. At least thirty days prior to the commencement of filming activities, certificate(s) of insurance evidencing these coverages must be submitted to the Village Clerk. (iii) Permittee agrees to defend, indemnify, protect and hold harmless the Village, and its officers, agents, and employees, from and against any and all claims, demands, losses, defense costs or expenses which the Village, or its officers, agents or employees, may sustain or incur for injury to, or death of, persons or damage to property to the extent such arise out of Permittee’s negligent, reckless, careless or wrongful acts or omissions in performing, or failing to perform, under the terms of the Production Permit, except to the extent such claims, demands, losses, defense costs or expenses arise out of the negligent, reckless, careless or wrongful acts or omissions of the Village, or the actions of any person or entity other than Permittee or its officers, agents or employees. Nothing in this sub-sub-paragraph “iii” shall be construed as a modification or limitation of the insurance coverage that must be provided under the foregoing sub-sub-paragraphs “i” and “ii.” Furthermore, nothing in this sub-sub-paragraph “iii” shall be construed as a limitation on the Village’s right to recover from Permittee under any applicable theory in law or equity, including, but not limited to, implied indemnity and equitable apportionment. Section 7 – Sub-paragraph “6” of paragraph “B,” of §187-3 (Issuance of Permits), of Chapter 187 (Filming) of the Code of the Village of Nyack, is amended to read as follows: Written proof of payment of the $350 or $50 (as applicable), for each day of filming, reimbursement to directly impacted merchants, as prescribed under §187-4(E) of this chapter. Section 8 – Paragraph “E” of §187-4 (Fees and reimbursement of costs), of Chapter 187 (Filming) of the Code of the Village of Nyack, is amended to read as follows: In addition to any fees or costs mentioned in this chapter, the applicant shall reimburse directly impacted merchants, as follows:  (1) the sum of $350, for each day of filming, to directly impacted merchants whose place of business has a storefront on the ground floor/street level; and (2) the sum of $50, for each day of filming, to directly impacted merchants whose place of business does not have a storefront on the ground floor/street level. Section 9 – New paragraphs “G,” “H,” “I,” “J” and “K” of §187-4 (Fees and reimbursement of costs), of Chapter 187 (Filming) of the Code of the Village of Nyack, are inserted to read as follows: G. The Permittee shall be liable to, and responsible to recompense, the Village for direct costs and expenses for extraordinary services rendered in connection with a filming production. Such costs and expenses shall include, but not be limited to, charges for personnel and equipment committed in support of the filming production that are outside the normal scope of government services. Based on the information contained in the Application, an estimate of these costs and expenses, if any, will be provided to the Permittee prior to issuance of the Production Permit; and the Village may require prepayment of all, or a portion, of these estimated costs and expenses prior to issuance of the Production Permit. At the conclusion of the filming production, actual costs and expenses below, or in excess of, these estimates will be refunded by the Village to the Permittee, or paid by the Permittee to the Village, as may be applicable. The Village is under no obligation to provide Village personnel or equipment, and such shall be provided only if the Village Clerk or his/her designee approves. H. Complete Applications must be submitted to the Village Clerk a minimum of thirty days prior to film production activity – if the Application is submitted less than said thirty days, then the Application fee shall be $500.00. I. Prep and wrap days shall be billed by the Village, and paid by the Permittee to the Village, at $500.00 per day. J. A security deposit of $5,000.00 is required to be tendered by the Applicant, to the Village, with all Applications. K. Village Parking Authority parking fees shall be as applicable. Section 10 – New paragraph “H” of §187-5 (Rules and regulations), of Chapter 187 (Filming) of the Code of the Village of Nyack, is inserted to read as follows: H. If some, or all, of a motion photography production is to take place on public or private property that is not at a studio, and the production involves the erection of temporary structures, or temporary modification of an existing structure, or the introduction of an object or substance onto the property, the Permittee shall be required to restore the property to the  condition existing prior to the filming production. In addition, the Village may require that the Applicant provide a performance bond, in favor of the Village, in an amount to be determined by the Village, to insure such restoration to Village equipment or Village facilities. Section 11 – Severability If any part or provision of this Local Law, or the application thereof to any person or circumstance, is adjudged invalid or unconstitutional by a court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law, or the application thereof to other persons or circumstances. The Village Board of Trustees hereby declares that it would have enacted the remainder of this Local Law even without any such invalid or unconstitutional part, provision or application. Section 12 – Effective Date. This Local Law shall take effect thirty days after a copy has been filed with the NYS Secretary of State in the manner prescribed by NYS Municipal Home Rule Law §27. Motion by Joseph Rand, seconded by Pascale Jean-Gilles to amend the directly impacted vendors section of the local law to read “restrictions or constraints are at a minimum”. Motion passed by a unanimous vote. Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to table the resolution as presented. The motion was approved by a unanimous vote. Public Comment – Kate Valentine – Wants to host a free community event in September about indigenous people. She is looking for funding for the event. Trustee Lightfoot-Cooper suggested she reach out to Brooklyn Demi. Trustee Rand suggested doing a “Go Fund Me”. Reports Village Administrator – CFA applications have been submitted. There was a flash flood on July 26 but there was no damage. The Broadway TAP project will continue soon at First Ave. The Burd St. sidewalks are completed and look great. The S Broadway sidewalk plans are complete and bids are due back before the next meeting. The Depew Ave paving is scheduled for the first week in September The Mental Health Association’s mobile health unit will be in Nyack on Cedar Ave on Mondays from 2-5pm Old Business Tree Ordinance Amendment – set public hearing ETPA adoption law – update – Mayor Hammond stated that the survey is still being completed. Motion by Donald Hammond, seconded by Donna Lightfoot-Cooper to hold an executive session for potential litigation. Motion passed by a unanimous vote. New Business Work Session on Memorial Park capital projects,8/10/23 – reviewed the 4 projects that will happen Parking Authority Meeting, 8/10/23 – A 2 month policy for 10 free parking spaces for 1 hour directly in front of Nyack Fresh Market was approved. Communications – Jacqui Drechsler, re: Holtec cleanup of Indian Point and Holtec plan to release contaminated water into the Hudson River - Mayor Hammond agreed to send a letter to the State. Public Comment – None Comments from the Village Board Marie Lorenzini – Stated that the paving of Gedney St. is wonderful. Pascale Jean-Gilles – None Donna Lightfoot Cooper – Stated that there will not be a Nyack Housing Authority meeting until September. Joseph Rand – Welcomed Trustee Lorenzini back Don Hammond –. The United Way is working on getting all service providers into the 211 network. A free viewing of the Jackson Ave movie will be held on August 23rd at the old Nyack High School. Executive Session Motion by Pascale Jean-Gilles, seconded by Joseph Rand to move to executive session at 10:07pm. The motion was approved by a unanimous vote. Motion by Marie Lorenzini, seconded by Donna Lightfoot-Cooper to move out of executive session. Motion passed by a unanimous vote. Adjournment Motion by Joseph Rand, seconded by Donna Lightfoot-Cooper to adjourn the meeting at 10:20pm. The motion was approved by a unanimous vote.