Minutes of the regular meeting of the Village of Nyack Board of Trustees held at 7:30pm on Thursday,July 14th,2016at Nyack Village Hall, 9 N. Broadway, Nyack New York
Hon. Jen Laird-Whitepresiding:
PRESENTLouise ParkerTrustee
Doug Foster Trustee Don Hammond Trustee
Marie Lorenzini Trustee
ALSO PRESENT:Jim Politi Village Administrator
Walter Sevastian Village Attorney
Mary E. White Village Clerk
ABSENT:Steve Knowlton Special Counsel
Pledge of Allegiance
‘Nyack thanks….’
Adoption of Minutes – Regular meeting of June 20th, 2016
Minutes were approved with the necessary corrections* with a motion from Trustee Parker,seconded by Trustee Lorenzini. Motion passed by unanimous vote. (*spelling correction- Public comment; Lezlee Peterzell Belanich)
Public Comment:(discussion of Agenda Items only – 3 minute time limit)
Action Items:
Resolution No. 2016 – 49 – Resolution of the Nyack Village Board conditionally
approving the request of Work Plan of Edward Mistretta to
close a portion of Main Street to accommodate Construction
Activities.
Moved by Trustee Lorenzini, seconded by Trustee Foster to adopt resolution as presented. Motion passed by unanimous vote.
Resolution No. 2016 – 50 – Resolution of the Nyack Village Board approving the event
sponsored by the Silver Springs Vineyard Church.
Moved by Trustee Parker, seconded by Trustee Fosterto adopt resolution as presented. Motion passed by unanimous vote.
Resolution No. 2016 – 51 - Resolution of the Nyack Village Board to Renew the Contract with
Brooker Engineering, PLLC, for the 2016 MS4 Annual report (and
Authorizing the filing of the annual report).
Moved by Trustee Lorenzini, seconded by Trustee Foster to adopt resolution as presented. Motion passed by unanimous vote.
Resolution No. 2016 – 52 – Bond Resolution of the Nyack Village Board authorizing the
construction of improvements to the Senior Center, stating the
estimated maximum cost thereof is $175,000, appropriating said
amount for such purpose, including the expenditure of $125,000 in
grant funds to pay part of the said appropriation and authorizing the
issuance of bonds in the principle amount of $50,000 to finance the
balance of said appropriation.
Moved by Trustee Parker, seconded by Trustee Lorenzini to adopt resolution as presented. Motion passed by unanimous vote.
Resolution No. 2016 – 53 – Bond Resolution of the Nyack Village Board authorizing the
construction of sidewalk improvements on Midland Avenue,
stating the estimated cost thereof is $182,209, appropriating said
amount for such purpose, and authorizing the issuance of bonds in
the principle amount of $182,209 to finance said appropriation.
Moved by Trustee Lorenzini, seconded by Trustee Foster to adopt resolution as presented. Motion passed by unanimous vote.
Resolution No. 2016 – 54 – Bond Resolution of the Nyack Village Board authorizing the
construction of drainage improvements on Midland
Avenue, stating the estimated maximum cost thereof is $72,326,
appropriating said amount for such purpose, and authorizing the
issuance of bonds in the principle amount of $72,326 to finance said
appropriation.
Moved by Trustee Parker, seconded by Trustee Lorenzini to adopt resolution as presented. Motion passed by unanimous vote.
Resolution No. 2016 – 55 – Bond Resolution of the Nyack Village Board authorizing the
authorizing therepaving of Midland Avenue, stating the estimated
maximum cost thereof is $272,700 appropriating said amount for
such purpose, and authorizing the issuance of bonds in the principle
amount of $272,700 to finance said appropriation.
Moved by Trustee Foster, seconded by Trustee Lorenzini to adopt resolution as presented. Motion passed by unanimous vote.
Resolution No. 2016 – 56 - Bond Resolution of the Nyack Village Board authorizing the
construction of sidewalk improvements on Broadway as part of a
larger improvement program, stating the estimated
maximum cost thereof is $500,000 appropriating said amount for
such purpose, and authorizing the issuance of bonds in the principle
amount of $500,000 to finance said appropriation.
Moved by Trustee Foster, seconded by Trustee Lorenzini to adopt resolution as presented. Motion passed by unanimous vote.
Resolution No. 2016 – 57 – Bond Resolution of the Nyack Village Board authorizing the
construction of a New Gazebo at Memorial Park, stating the
estimated maximum cost thereof is $200,000 appropriating said
amount for such purpose, and authorizing the issuance of bonds in
the principle amount of $200,000 to finance said appropriation.
Moved by Trustee Parker, seconded by Trustee Foster to adopt resolution as presented. Motion passed by unanimous vote.
Resolution No. 2016 – 58 – Bond Resolution of the Nyack Village Board authorizing the
construction of a Footbridge, stating the estimated maximum cost
thereof is $344,000, appropriating said amount for such purpose,
including the expenditure of $194,000 in grant funds to pay part of
the said appropriation and authorizing the issuance of bonds in the
principle amount of $150,000 to finance the balance of said
appropriation.
Moved by Trustee Foster, seconded by Trustee Lorenzini to adopt resolution as presented. Motion passed by unanimous vote.
Resolution No. 2016 – 59 – Resolution of the Nyack Village Board to endorse the Edward
Hopper House Art Center in its application to the New York
State Office of Parks, Recreation and Historic Preservation
(OPRHP) for a grant under the Environmental Protection Fund Moved by Trustee Lorenzini, seconded by Trustee LorenziniFoster to adopt resolution as presented. Motion passed by unanimous vote.
Resolution No. 2016 – 60 – Resolution of the Nyack Village Board to endorse the Edward
Hopper House Art Center in its application to the New York
State Office of Parks, Recreation and Historic Preservation
(OPRHP) for a grant under the Environmental Protection Fund
for a park project to be located at 82 North Broadway, a site
located within the territorial jurisdiction of this Board of
Trustees.
Moved by Trustee Lorenzini, seconded by Trustee Foster to adopt resolution as presented. Motion passed by unanimous vote.
Public Comment – (Open Public Discussion/Any Topic – 3 minute time limit)
Public Hearing:
(Held open)Public Hearing to consider adopting the Village of Nyack’s Comprehensive Master Plan pursuant to the provisions of Village Law 7-722(6).
After presentation summary of proposed changes to the Draft Comptehensive Plan by F. Fish (BFJ Planning), the following persons spoke on this matter: B. Cohig, T. Robbins-Brown, L. Pakaln, J. Carlin, P. Zonacs, J.C. Brotherhood, W. Sevastian.
Additional comments submitted from the following: Village Planner, Bob Galvin; Building inspector, Don Yacopino; T. Robins Brown.
At 8:51pm, it was moved by Trustee Foster, seconded by Trustee Parker to close Public Hearing on the update of the Village Comprehensive Master Plan. Motion passed unanimously.
(Held open) Public Hearing to consider modifications to the Zoning Code of the Village of Nyack to comport with the proposed update to the Village of Nyack Comprehensive Master Plan.
Mr. Fish then gave extensive comment to the Village Board with respect to the proposed zoning text (and zoning map amendments) drafted to reflect the proposed amendments to the Comprehensive Master Plan. Mr. Fish also reviewed the Part 1 EAF with the Village Board as relates to the Environmental Impact of the Comprehensive Plan Update and the Zoning text/map amendments accompanying the update.
Public comment was taken from B. Cohig, T. Robbins –Brown (who also submitted written comments), and J. Carlin.
Trustee Lorenzini made a motion to continue the Public Hearing (8/25 @ 7:30pm) to receive comments regarding Zoning Code and Zoning Map Amendments as part of the Village of Nyack Comprehensive Plan Updates. Trustee Parker seconded the motion and was passed by unanimous vote.
Department Reports to the Board of Trustees
-Orangetown Police Department
No report
-Village Administrator
-At 8:34pm Trustee Parker moved, Trustee Lorenzini seconded the motion approve request for an Executive Session to discuss matters of pending litigation. Motion passed unanimously.
-Reports given on the following:
Marina dredging schedule: Trustee Foster made a motion to award conditionally, the bid for sediment removal to JT Cleary pending authorization from environmental agencies of the proposed alternate dredging method. Trustee Parker seconded the motion and it passed unanimously.
-Village Attorney
Reports given on the following:
Village ‘Zombie’ properties
-Village Clerk
Reports given on the following:
-Property tax status
-Building Dept. (add’l personnel); Trustee Lorenzini moved, Trustee Parker seconded motion authorizing title of Senior Clerk Typist. Motion passed unanimously.
-Village Planner
Old Business
-Land Use Technical Committee
-Vendor Applications/process
-Nyack Marina/Restaurant
Communications
- Nyack Hospital Foundation request for the use of certain roads for their Annual Blow
Away Breast Cancer Run & walk on Sunday, October 9th, 2016, from 8:00am to
10:30am.Resolution to be voted on 8/25/2016
-Pool of Bethesda Ministries request for Community Block Party/back to school giveaway
September 3, 2016 @ 12noon. No action
Nyack UFSD request to hold its’ annual Homecoming 2016 parade on September 30,. 2016 @6:30pm. Resolution to be voted on 8/25/2016
New Business
Public Comment (Open Public Discussion/Any Topic – 3 Minute Time Limit)
*Kathy Buckley – Tax interest/penalty waiver request
No action
*Ken Sharp commented on Gedney St. parking, and inquired as to process of creating a
Historical District/committee.
Comments from the Board of Trustees
Mayor Laird-White thanked Village Clerk, Mary E. White (Diamonds and Pearls, Inc.) for organizing a successful “Call for Peace” Vigil in Memorial Park on Wednesday, July 13.
Executive Session
Pending Litigation
At 9:55pm, Trustee Parker moved to go into Executive Session to discuss matters of pending litigation. Trustee Lorenzini seconded the motion and it passed unanimously.
At 10:05pm, it was moved by Trustee Parker, seconded by Trustee Lorenzini to come out of Executive Session. Motion passed unanimously
Adjournment.
There being no further business, nor anyone present wishing to be heard, Trustee Lorenzini moved to close the regular meeting. Trustee Parker seconded the motion and it was passed unanimously at 10:07pm.
Respectfully submitted,
Mary E. White,
Village Clerk
RESOLUTION OF THE NYACK VILLAGE BOARD
A Meeting of the Nyack Village Board was convened on July 14, 2106, at 7:30 p.m.
The following resolution was duly offered and seconded, to wit:
Resolution No. 2016 - 49
RESOLUTION OF THE NYACK VILLAGE BOARD CONDITIONALLY
APPROVING THE REQUEST OF WORK PLAN OF EDWARD MISTRETTA
TO CLOSE A PORTION OF MAIN STREET TO ACCOMMODATE CONSTRUCTION ACTIVITIES
WHEREAS, Edward Mistretta (the “Applicant”) has requested permission to close a portion of Main Street to accommodate construction activity associated with his plan to construct a multi-family dwelling on upper Main Street; and
WHEREAS, the Applicant has secured approval of his proposal from various municipal/governmental/private entities which may be affected by the closure (including but not limited to NYS D.O.T., TZ Express, TOR Bus, Enhanced 911, Nyack Fire District, Nyack EMS, Nyack Chamber of Commerce – as detailed in correspondence submitted to the Village Board of Trustees on June 20, 2016); and
WHEREAS, the Village Board of Trustees has expressed a desire to grant the Applicant’s request on the specific condition that the date(s) of the proposed closure are brought to the Village Board for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE NYACK VILLAGE BOARD AS FOLLOWS:
That the Nyack Village Board hereby approves the request of Edward Mistretta to close a portion of Main Street to accommodate construction activity associated with his plan to construct a multi-family dwelling on upper Main Street; and
BE IT FURTHER RESOLVED that the approval granted herein is conditioned upon the Applicant providing insurance certificates naming the Village as an additional insured in a form acceptable to the Village Attorney, and upon the Applicant providing the Village Board with the exact date(s) for the proposed closure and obtaining Board approval of those dates prior to the closures taking place; and
BE IT FURTHER RESOLVED that the Village Board directs the Village Clerk to interface with the Applicant to secure all necessary permits and insurance certificates associated with this approval.
The question of the adoption of the foregoing Resolution was duly put to a vote, which resulted as follows:
YeaNayAbstainAbsent
Mayor Laird-White[ x ][ ][ ] [ ]
Trustee Parker [ x ][ ] [ ][ ]
Trustee Hammond[ x ] [ ][ ][ ]
Trustee Foster [ x ][ ] [ ][ ]
Trustee Lorenzini[ x ][ ] [ ][ ]
Mary E. White, Village Clerk
RESOLUTION OF THE NYACK VILLAGE BOARD
A Meeting of the Nyack Village Board was convened on July 14, 2106, at 7:30 p.m.
The following resolution was duly offered and seconded, to wit:
Resolution No. 2016-50
RESOLUTION OF THE NYACK VILLAGE BOARD
APPROVING THE EVENT SPONSORED BY THE SILVER SPRINGS VINEYARD CHURCH
WHEREAS, the Silver Springs Vineyard Church has requested permission to utilize Memorial Park on September 10, 2016 (with a rain date of Saturday September 17, 2016) for an community event entitled “Not Your Momma’s Church Music Festival”; and
WHEREAS, the Village Board of Trustees is desirous of supporting this community event;
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE NYACK VILLAGE BOARD AS FOLLOWS:
That the Nyack Village Board hereby approves the use of Memorial Park on Saturday September 10, 2016 (with a rain date of Saturday September 17, 2016) by the Silver Springs Vineyard Church for an event entitled “Not Your Momma’s Church Music Festival”.
BE IT FURTHER RESOLVED that the Village Board directs the Village Clerk to interface with Silver Springs Vineyard Church representatives to secure all necessary permits and insurance certificates associated with this approval.
BE IT FURTHER RESOLVED that the Applicant is directed to comply with all Village ordinances, including but not limited to the Village Noise Ordinance.
The question of the adoption of the foregoing Resolution was duly put to a vote, which resulted as follows:
YeaNayAbstainAbsent
Mayor Laird-White[ x ][ ][ ] [ ]
Trustee Parker [ x ][ ] [ ][ ]
Trustee Hammond[ x ] [ ][ ][ ]
Trustee Foster [ x ][ ] [ ][ ]
Trustee Lorenzini[ x ][ ] [ ][ ]
Mary E. White, Village Clerk
RESOLUTION OF THE NYACK VILLAGE BOARD
A regular meeting of the Nyack Village Board convened on July 14, 2016, at 7:30 p.m.
The following resolution was duly offered and seconded, to wit:
Resolution No. 2016-51
RESOLUTION OF THE NYACK VILLAGE BOARD
TO RENEW THE CONTRACT WITH BROOKER ENGINEERING, PLLC FOR THE 2016 MS4 ANNUAL REPORT (AND AUTHPRIZING THE FILING OF THE REPORT)
WHEREAS, the Village of Nyack has previously contracted with Brooker Engineering, PLLC (“the Vendor”) to provide the New York State required MS4 Annual Report for the Village; and
WHEREAS, the Vendor has proposed to renew the contract for the 2016 Report;
WHEREAS, the Village Attorney has reviewed the contract for form and content, and has approved the same.
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE NYACK VILLAGE BOARD AS FOLLOWS:
That the Nyack Village Board hereby renews the contract with Brooker Engineering, PLLC production of the 2016 MS4 Annual Report, due June 1, 2016, in the amount of $1200.00, and that the Nyack Village Board hereby approves the MS4 Report and authorizes the Village Engineer to file same as required by law.
The question of the adoption of the foregoing Resolution was duly put to a vote, which resulted as follows:
YeaNayAbstainAbsent
Mayor Laird-White[ x ][ ][ ] [ ]
Trustee Parker [ x ][ ] [ ][ ]
Trustee Hammond[ x ] [ ][ ][ ]
Trustee Foster [ x ][ ] [ ][ ]
Trustee Lorenzini[ x ][ ] [ ][ ]
Mary E. White, Village Clerk
RESOLUTION OF THE NYACK VILLAGE BOARD
A regular meeting of the Nyack Village Board convened on July 14, 2016, at 7:30 p.m.
The following resolution was duly offered and seconded, to wit:
Resolution No. 2016-60
RESOLUTION OF THE NYACK VILLAGE BOARD
AUTHORIZING MAYOR TO FILE GIGP APPLICATION FOR
FUNDING
WHEREAS, the Village of Nyack is implementing a Transportation Advancement Program with funding from NYS Department of Transportation to design and construct streetscape improvements along the length of Broadway in the village to benefit the traveling public, improve mobility and the transportation character of the village, increase access to public transportation, provide safe routes for non-drivers to access daily needs, which includes a new sidewalk system for the entire length of Broadway -the village’s major north-south thoroughfare- to make the village more walkable; and
WHEREAS, The Village of Nyack is implementing updates to its Comprehensive Plan with funding from NYSERDA to integrate planning for a resilient waterfront, multi-modal transportation, transportation-oriented development and increased residential density and commercial activity, and is address ferry landing alternatives, a bus
rapid-transit hub and a transportation improvement district, local trolley and shuttle
options, and alternatives for bikes and pedestrian access.
WHEREAS, The Village of Nyack – a Climate Smart Community and a Tree City USA community - supports the vision and implementation strategies of the Mid-Hudson Region Sustainability Plan, and has endorsed the Plan by resolution of the Board of Trustees at a regular meeting of the Board on May 22, 2014; and
Whereas: The Village of Nyack supports the Strategic Priorities of the Mid-Hudson Regional Economic Development Council to foster economic development utilizing smart growth strategies that will result in growth that is sustainable, cost-effective, climate friendly and energy- and natural resource-conserving; and
WHEREAS, the Municipality deems it to be in the public interest and benefit construct the new sidewalk system to be designed for the TAP Broadway Streetscape Improvements Project with permeable materials to decrease runoff to the village’s combined sewage and drainage system which will result in decreasing the pollutant load to the Hudson River and restore water to the aquifer, and, therefore, authorizes and directs Jen Laird-White, as Mayor of the Village of Nyack, New York, to file an application for funds to the New York State Environmental Facilities Corporation for the project to install permeable sidewalks as part of the overall streetscape improvements for Broadway.
NOW, THEREFORE, BE IT RESOLVED BY - the Board of Trustees of the Village of Nyack:
1. That Jen Laird-White, as Mayor, is hereby authorized to file an application for funding in support of the construction of a new permeable sidewalk system along length of Broadway
2. That the Municipality agrees that it will fund at least 10% of the cost of the Project and that funds will be available to initiate the Project's field work upon execution of a contract with New York State Environmental Facilities Corporation.
I, Mary White, Clerk of the Village of Nyack, New York, do hereby certify that the above resolution was adopted at regular meeting of the Village Board held on July 14, 2016, and is on file and that said resolution has not been altered, amended or revoked and is in full force and effect.
Dated: July 14, 2016 ______
Nyack, New York Mary White, Village Clerk
The question of the adoption of the foregoing Resolution was duly put to a vote, which resulted as follows:
YeaNayAbstainAbsent
Mayor Jennifer Laird-White[ x ][ ][ ] [ ]
Trustee Louise Parker[ x ][ ] [ ][ ]
Trustee Marie Lorenzini [ x ] [ ][ ][ ]
Trustee Doug Foster [ x ][ ] [ ][ ]
Trustee Donald Hammond[ x ][ ] [ ][ ]
Mary E. White, Village Clerk
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