Village Board of Trustees Special Meeting

Minutes of the special meeting of the Village of Nyack Board of Trustees held at 5:00pm on Wednesday June 17, 2020 at Nyack Village Hall, 9 N. Broadway, Nyack, New York Hon. Dr. Don Hammond Presiding: PRESENT Dr. Don Hammond Mayor Louise Parker Trustee Donna Lightfoot-Cooper Trustee Marie Lorenzini Trustee ALSO PRESENT Walter Sevastian Village Attorney James Politi Village Administrator Jennifer Hetling Village Clerk/Treasurer ABSENT Elijah Reichlin-Melnick Trustee Meeting called to order at 5:05pm As we continue to address our respective challenges associated with COVID-19, Village government continues to operate. And as there are matters the Village must continue to address as part of keeping the Village operational, our June 17, 2020 Village Board meeting remains as scheduled. As Village Hall is closed, the meeting will have to be held remotely (see below). We will be keeping the Agenda (see posting on website) to essential items. On March 7, 2020, in Executive Order No. 202.1, Governor Cuomo suspended certain provisions of the Open Meeting Law to permit a Village Board to meet and take actions authorized by law without permitting in public in-person access and authorizing such meeting to be held remotely by conference call or similar service, provided that the public has the ability to view or listen to such proceeding and that such meetings are recorded and later transcribed. The Village will be activating a remote meeting platform for the June 17th Village Board meeting, which will enable residents to phone in and listen to the meeting in compliance with the Executive Order. In the interests of the public's health and safety, the Village Board strongly encourages residents to utilize this platform. The Village Board appreciates your patience and understanding during this difficult and evolving situation. Please be sure to check in on the Village website for updates which will be posted on an ongoing basis. Pledge of Allegiance To consider a street art proposal Attorney Walter Sevastian stated that the Village Board received a proposal to start a street art program. The current case is related to the George Floyd and Black Lives Matter Movement. The Village currently does not have a program authorizing putting art or markings on the street. If there Board determines that they want to move forward with a program they could but stated that public streets, parks and such are forums and if the Board establishes a particular forum with a method of use for one group then you are establishing it for everyone. You cannot allow usage based on content. If the Board would like to accept this proposal it should be in writing and a policy should be developed with placement and timing so that everyone is treated equally. Trustee Lorenzini added that she would like to see size of the artwork in the proposal. Mayor Hammond stated that as for time, he would like to see it be allowed for 60 days to which everyone agreed. Trustee Lightfoot-Cooper suggested using Main St for the location. Attorney Sevastian stated that if the Board would like to use Main St., the local business owners should be contacted. Mayor Hammond suggested using Cedar Ave. from Main St. to Artopee Way or Burd St. Trustee Parker asked why the business owners would have to be notified to which Attorney Sevastian stated that this could affect them and they should be told. By allowing this to happen opens the door for other groups to submit proposals as well so there should be a process in place so that everyone is treated equally. When the street gets shut down for art placement, property owners can be affected. Cedar Ave. doesn’t have any business store fronts so it may be better to use long term. Mayor Hammond stated that the Board needs to develop a process for future proposals within the next 30 days. Attorney Sevastian stated that the Board needs to keep in mind that the Village cannot regulate speech based on content. Mayor Hammond stated that this is a difficult process but we need to try it to see if we can make it work. Motion by Donald Hammond to allow for a street art proposal of the Black Lives Mater group (submittal to be received tomorrow) between Main St. and Artopee Way and will be allowed to stay on the street for 60 days and that the Village Government is committed to developing specific guidelines to entertain other proposal for street art in the same area. Seconded by Marie Lorenzini. Trustee Parker stated that she has apprehensions about not placing it on Main St. as putting it on Cedar does not doing the art the service they are looking for and what the statement represents. Trustee Lightfoot-Cooper agreed that she wanted it on Main St. too. Attorney Sevastian stated that once you allow this you don’t know what proposal will come next and future street art projects may not have desirable content. He feels that businesses could feel that future proposals could have a negative affect and they could file claims against the Village so he just wants to protect the Village from third party claims. Trustee Lightfoot-Cooper asked if they could see how the current proposal goes and then re-evaluate the location later to which Attorney Sevastian said they could. Mayor Hammond stated that everyone would like to see it on Main St. but the implications of that make it very difficult. Motion passed with 4 votes (Trustee Reichlin-Melnick absent) Adjournment Motion by Donna Lightfoot-Cooper, seconded by Louise Parker to adjourn the Village Board meeting at 5:39pm. Motion passed by unanimous vote.