Village Board of Trustees Meeting

Village of Nyack 9 North Broadway, Nyack, NY 10960 Village Board of Trustees Meeting February 8, 2024 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. Mayor and Trustee Reports 3. Presentation – Kim Cross, Nyack Center programs funded by the Village of Nyack 4. Public Comment on Any Topic (3 minute max) 5. Adoption of Minutes – minutes for 1-25-24 6. Action Items (includes Public Comment for each item) 6.1 Resolution No. 2024-21 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 8, 2024. RESOLVED, that General Fund Claims set forth on pages 1 through 17 in the amounts of General Fund– $131,868.14 Parking Fund – $12,349.60 Water Fund – $18,918.30 Capital Projects - $46,582.19 6.2 Resolution No. 2024-22: Resolution of the Board of Trustees of the Village of Nyack, to Schedule a Public Hearing at 8 PM on February 29, 2024, to Consider the Village’s Adoption of a Resolution Declaring the Existence of a Housing Emergency and Opting Into the NYS Emergency Tenant Protection Act (ETPA) 1 RESOLVED, the Board of Trustees of the Village of Nyack schedules a Public Hearing for 8 pm on Thursday, February 29, 2024, to consider to consider the Village’s adoption of a resolution Declaring a Housing Emergency and Opting In to the NYS Emergency Tenant Protection Act of 1974 (ETPA). 6.3 Resolution No. 2024-23 Village of Nyack Board of Trustees Resolution Adopting a Negative Declaration under NYS SEQRA for the DPW garage capital project and accepting a $300,000 SAM grant to build a truck wash bay and a salt storage shed WHEREAS, the Village Board of Trustees (“Village Board”) has considered the following proposed land use and building development, renovation and/or construction project (hereinafter “land use action”): The Village of Nyack (“Village”) has applied for a State and Municipal Facilities Program (SAM) grant in the amount of $300,000 regarding the proposed land use action, which includes the retrofitting of an existing bay for a truck wash out area in the Village’s Department of Public Works (“DPW”) facility located at 63 Catherine Street. Additionally, the $300,000 SAM grant will be used for the construction of a concrete block prefabricated salt shed at the DPW building, which currently has no wash bay for cleaning salt off plow trucks and other vehicles, or removing residues from garbage trucks. The lack of a wash bay creates two problems: (1) corrosion from salt, and other residues, causes DPW vehicles to rust and deteriorate more quickly than they should, resulting in escalating maintenance cost and shorter lifespans, and greater risk of equipment failure that will interrupt service during an emergency; and (2) water quality is adversely impacted, because the DPW facility is located adjacent to the Nyack Brook, which flows into the Hudson River, and without a proper wash bay, some contaminated runoff from cleaning vehicles runs to the nearest storm drain and enters the watershed, which poses a risk to biodiversity and possible penalties from the NYS Department of Environmental Conservation. The solution is for the Village to construct a truck wash bay, which will include: (a) modification of the garage interior, including a drain and piping to run to the sanitary sewer line, not the stormwater drain; (b) an oil/water separator to protect water quality; (c) a heated power washer system; and (d) trenching and pavement restoration. The DPW building currently stores road salt in an open front, three-sided, shed built from sheet metal salvaged from an in-ground pool, which is too small, holding only 400 tons of salt, and poorly designed, resulting in two issues: (i) trucks cannot enter the shed, so salt is loaded in the driveway at the shed’s opening, inevitably resulting in salt spillage outdoors; and (ii) exposure of spilled salt, and the interior of the shed itself, to wind and rain, resulting in runoff of salt-contaminated water to the Nyack Brook, which is immediately adjacent to the property via stormwater sewer connections. In conclusion, the DPW provides essential emergency response during storms, floods, and other hazardous events, and the lack of a wash bay imperils equipment reliability and lifespan; and the land use action will also reduce contamination flowing to Nyack Brook and the Hudson River. 2 WHEREAS, copies of: (i). the narrative Memo of Robert (“Bob”) James Galvin, AICP, Village Planner (“Village Planner”), dated January 24, 2024, (ii). the State Environmental Quality Review Act (“SEQRA”) Part 1 (entitled Project Information) of the Short Environmental Assessment Form (“EAF”), prepared by the Village Planner, dated January 24, 2024, (iv). Part 2 of the SEQRA EAF (entitled Impact Assessment), prepared and recommended by the Village Planner, dated January 26, 2024, (v). Part 3 of the SEQRA EAF (entitled Determination of Significance), prepared and recommended by the Village Planner, dated January 26, 2024; and (vi). the Local Waterfront Revitalization Program Coastal Assessment Form, prepared and recommended by the Village Planner, dated January 25, 2024. were all provided to the Village Board. WHEREAS, in accordance with Part 617 of the SEQRA Regulations, there being no other SEQRA Involved Agency besides the Village Board, the Village Board hereby Declares itself to be the Lead Agency in the environmental quality review of the proposed land use action, as per SEQRA Regulation 6 NYCRR §617.6(b)(5)(v). WHEREAS, the Village Board, after reviewing the Local Waterfront Revitalization Program (“LWRP”) Coastal Assessment Form, prepared and recommended by the Village Planner, dated January 25, 2024, and after considering all of the discussion and analysis by the Village Board with respect to all of the aforesaid documents, the Village Board finds and determines that the proposed land use action is consistent with the LWRP and the Village’s Comprehensive/Master Plan. WHEREAS, the Village Board, acting in its capacity as the SEQRA Lead Agency, and after reviewing the aforementioned Part 1, Part 2 and Part 3 of the SEQRA EAF, all of which Parts of the EAF were prepared and recommended, on behalf of the Village Board, by the Village Planner; the Village Board hereby adopts the said Part 1, Part 2 and Part 3, and incorporates them by reference as if fully set forth herein. THEREFORE, BE IT RESOLVED, that the Village Board, after conducting a “hard look” review of all environmental factors, including, but not limited to, all three of the aforesaid Parts of the EAF, and the Village Planner’s January 24, 2024, narrative Memo, hereby determines that there will be no potential significant adverse environmental impacts resulting from the Village Board’s acceptance of the $300,000 SAM grant and implementing the proposed land use action, and makes a Determination of Non-Significance under SEQRA, thereby determining and issuing a SEQRA Negative Declaration. 3 NOW, THEREFORE, based on all of the documentation and information before the Village Board, and the findings and determinations made herein; BE IT RESOLVED that the Village Board hereby accepts the $300,000 SAM grant for the purpose of carrying-out, and the intent to implement, the proposed land use action. 6.4 Resolution No. 2024-24 Village of Nyack Board of Trustees Resolution Authorizing a Permit for Use of the Nyack Senior Center for a Meeting of the Nyack Community Garden RESOLVED, the Board of Trustees of the Village of Nyack approves an application by John Dunnigan, for use of the Nyack Senior Center on Saturday, September 19, 2024, by the Nyack Community Garden, 2 PM to 9 Pm for the annual potluck dinner. 6.5 Resolution No. 2024-25 Resolution of the Nyack Village Board Approving a Permit Application for a Street Closures on North Broadway for Three Events by Maureen’s Jazz Cellar RESOLVED, the Board of Trustees of the Village of Nyack approves the closure of N. Broadway for music events, free to the public, sponsored by Maureen’s Jazz Cellar, on the following dates, contingent on sponsor providing adequate insurance indemnifying the Village and reimbursing the Village the costs of event support staff and lost parking revenues, as applicable. 1. Dancing in the Streets- Saturday May 4 (rain date May11) 5pm-10pm – closure from Main Street to High Avenue 2. Sunshine Daydream Bluegrass Festival- Saturday. Aug. 10 (rain date Aug. 17) 5pm-10pm -- closure from Main Street to High Avenue 3. Nyack Jazz Festival- Sunday Sept. 15 (Raindate- Sept. 22) 2pm-7pm – closure from Main Street to New Street 6.5 Resolution No. 2024-26 - Resolution of the Nyack Village Board of Trustees to Amend the Village’s Standard Schedule of Fees with Regard to Marina Boat Slip Rental Fees WHEREAS, the Village Board of Trustees adopted a Local Law to establish a Standard Schedule of Fees for Village operations, and may update this Schedule from time to time by Resolution; and WHEREAS, the boat slip rental fees have been the same for many years, the marina operation has costs associated with maintenance and administration, subject to inflation, and generates approximately $48,000 annually in fees from 39 slips, and the marina coordinator Mr. Squeo has recommended an adjustment in fees, while yet maintaining the Village marina more affordable than other marinas, most of which are private and have full bathrooms and other amenities, RESOLVED, the annual cost for a Nyack resident for a boat slip will increase from $50 to $60 per foot of boat hull length, while the non-resident fee will remain unchanged at $75/foot. 4 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 8. Old Business 9. New Business 9.1 Reschedule July 18, 2024 board meeting to July 11, 2024? 10. Communications 11. Public Comment 12. Executive Session 13. Adjournment 5