Minutes of the regular meeting of the Village of Nyack Board of Trustees held at 7:30 pm on Thursday, May 14th, 2015 at Nyack Village Hall, 9 N. Broadway, Nyack New York

Hon. Jen Laird-White presiding:

PRESENT: Jen Laird-White Mayor

Doug Foster Trustee Louise Parker Trustee

Don Hammond Trustee Marie Lorenzini Trustee (arrived 8:37pm)

ALSO PRESENT: Jim Politi Village Administrator

Walter Sevastian Village Attorney

Steve Knowlton Special Counsel

Mary E. White Village Clerk

Pledge of Allegiance

‘Nyack thanks….’

Adoption of Minutes – Regular meeting of April 23rd, 2015

Minutes were approved as presented with a motion from Trustee Foster, seconded by Trustee Hammond. Motion passed by unanimous vote.

Public Comment: (discussion of Agenda Items only – 3 minute time limit)

Action Items:

Resolution No. 2015-25 Resolution approving renewal agreement with

Nyack Hospital Employee Assistance Program (EAP)

Moved by Trustee Hammond, seconded by Trustee Parker to adopt resolution as presented. Motion passed by unanimous vote.

Resolution No. 2015-26 Resolution authorizing the installation of network connection

by the Town of Orangetown at 30 South Franklin (OPD sub-station)

Moved by Trustee Foster, seconded by Trustee Hammond to adopt resolution as presented. Motion passed by unanimous vote.

Resolution No. 2015-27 Resolution approving renewal agreement with

Cornell Cooperative Extension

Moved by Trustee Parker, seconded by Trustee Foster to adopt resolution as presented. Motion passed by unanimous vote.

Resolution No. 2015-28 Resolution approving Art Walk 2015 event request

Moved by Trustee Hammond, seconded by Trustee Foster to adopt resolution as presented. Motion passed by unanimous vote.

Resolution No. 2015-29 Resolution authorizing Mayor’s execution of an instrument to vacate covenant restriction at 20 South Broadway property

Moved by Trustee Hammond, seconded by Trustee Parker to adopt resolution as presented. Motion passed by unanimous vote.

Resolution No. 2015-30 Resolution approving renewal agreement with Brooker

Engineering, PLLC (2015 MS-4 report)

Moved by Trustee Foster, seconded by Trustee Hammond to adopt resolution as presented. Motion passed by unanimous vote.

Resolution No. 2015-31 Resolution to award 2015 Camp Nyack contract

Moved by Trustee Parker, seconded by Trustee Hammond to adopt resolution as presented. Motion passed by unanimous vote.

Resolution No. 2015-32 Resolution to award contract for Municipal Marina repairs

Moved by Trustee Foster, seconded by Trustee Hammond to adopt resolution with necessary corrections (Bidder name; Trevcon Construction Co. Inc). Motion passed by unanimous vote.

Public Comment: (Open Public Discussion/any topic – 3 minute time limit)

TZ Vista, LLC – Zoning text amendment request

After presentation to the board by DCAK-MSA Architectural, William Helmer, Ira Emanuel, Esq. – Trustee Psrker moved, Trustee Lorenzini seconded the motion to refer the petition for Zoning Code text amendment to the Planning Board, and the Rockland County Department of Planning.

Public Hearing(s):

Department Reports to the Board

- Orangetown Police Department

National Police Week (Resolution 2015-33)

Moved by Trustee Hammond, seconded by Trustee Lorenzini to adopt resolution as presented. Motion passed by unanimous vote.

- Village Administrator

Reports given on the following:

-Broadway project

-Comprehensive Plan (RFP)

-At 7:43pm Trustee Hammond moved to approve request for an Executive Session to discuss matters of personnel. Trustee Parker seconded the motion and it passed unanimously.

- Village Attorney

Reports given on the following:

-Community Development correspondence

-Phase III Zoning Code amendment (Public Hearing 5/28/2015 @7:45pm)

-Recycling/Solid Waste

- Village Clerk

No report

Old Business

Land Use Technical Committee (LUTC)

Vendor applications/process

Communications

RLCC (Nanuet NY) – Softball permit/Memorial Park

Deferred for date clarification by the Administrator and Village Clerk.

New Business

Public Comment: (Open Public Discussion/any topic – 3 minute time limit)

Comments from the Board of Trustees

Trustee Lorenizin: Brief report given on the TZ Bridge meeting. Mayor Laird-White thanked Trustee Lorenzini for representing the Village.

Executive Session (if any)

At 8:45pm, Trustee Hammond moved to go into Executive Session to discuss matters of personnel. Trustee Parker seconded the motion and it passed unanimously.

At 9:02pm, it was moved by Trustee Hammond, seconded by Trustee Foster to come out of Executive Session. Motion passed unanimously.

Adjournment.

There being no further business, nor anyone present wishing to be heard, Trustee Hammond moved to close the regular meeting. Trustee Lorenzini seconded the motion and it was passed unanimously at 9:02pm.

Respectfully submitted,

Mary E. White,

Village Clerk

RESOLUTION OF THE NYACK VILLAGE BOARD

A regular meeting of Nyack Village Board was convened on May 14, 2015, at 7:30 p.m.

The following resolution was duly offered and seconded, to wit:

Resolution No. 25 of 2015

AUTHORIZING THE VILLAGE OF NYACK, NEW YORK,

TO ENTER INTO AN AGREEMENT WITH NYACK HOSPITAL’S

EMPLOYEE ASSISTANCE PROGRAM FOR USE BY VILLAGE EMPLOYEES AND THEIR FAMILIES

WHEREAS, one of the programs available to employers through Nyack Hospital is the Employee Assistance Program; and

WHEREAS, the Employee Assistance Program offers professional and confidential services for personal problems that may affect Village employees; and

WHEREAS, it is the intention of the Village to provide such services to its employees and their family members; and

WHEREAS, it is the desire of Nyack Hospital and the Village to agree on the terms pursuant to which Nyack Hospital will provide the services of its Employee Assistance Program as outlined in its Professional Services Contract; now therefore be it

RESOLVED, that the Village has determined to enter into an agreement with Nyack Hospital, for services provided through its Employee Assistance Program, for the period of May 18th, 2015, through May 17th 2016; and be it further

RESOLVED, that the Village Mayor is hereby authorized to execute an agreement in a form approved by General Counsel, to provide for the services for a total not to

exceed $3,600.00.

The question of the adoption of the foregoing Resolution was duly put to a vote, which resulted as follows:

Yea Nay Abstain Absent

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 Nyack Village Board was convened on May 14, 2015, at 7:30 p.m.

The following resolution was duly offered and seconded, to wit:

Resolution No. 26 of 2015

AUTHORIZING

THE TOWN OF ORANGETOWN TO INSTALL A NETWORK CONNECTION TO THE 30 SOUTH FRANKLIN STREET PROPERTY OWNED BY VILLAGE OF NYACK,

WHEREAS, the Village of Nyack owns the property known as 30 South Franklin Street, Nyack, NY; and

WHEREAS, the Village has granted the Town of Orangetown Police Department use of the building as a police substation; and

WHEREAS, the Town of Orangetown has requested permission to run a network fiber connection to the police substation for official police business; now therefore be it

RESOLVED, that the Village Board hereby grant the Town of Orangetown permission to run a network fiber connection to the police substation for official police business.

The question of the adoption of the foregoing Resolution was duly put to a vote, which resulted as follows:

Yea Nay Abstain Absent

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 Nyack Village Board was convened on May 14, 2015, at 7:30 p.m.

The following resolution was duly offered and seconded, to wit:

Resolution No. 2015-27

RESOLUTION OF THE NYACK VILLAGE BOARD

TO RENEW THE CONTRACT WITH CORNELL COOPERATIVE EXTENSION

WHEREAS, the Village of Nyack has previously contracted with Cornell University Cooperative Extension of Rockland County (“the Vendor”) to provide Public Education and Outreach Programs for the Village in connection with the Municipal Separate Storm Sewer Systems (MS4s) regulations; and

WHEREAS, the Vendor has proposed to renew the contract for April 1, 2015 – March 31, 2016; and

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 Cornell University Cooperative Extension of Rockland County to provide Public Education and Outreach Programs in connection with the State MS4 regulations, and that a copy of said contract be attached to this resolution and made part of the minutes of the regular meeting of the Nyack Village Board held on May 14, 2015.

The question of the adoption of the foregoing Resolution was duly put to a vote, which resulted as follows:

Yea Nay Abstain Absent

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 Nyack Village Board was convened on May 14, 2015, at 7:30 p.m.

The following resolution was duly offered and seconded, to wit:

Resolution No. 2015-28

RESOLUTION OF THE NYACK VILLAGE BOARD

APPROVING THE ART WALK 2015 EVENT

WHEREAS, the Friends of the Nyacks has requested Village Board approval of the 2015 Art Walk event, and

WHEREAS, the Friends of the Nyacks have requested that the Village of Nyack participate in the event by suspending parking fees for a designated portion of the Artopee Parking Lot during the event (11am – 6 pm on Saturday June 20, 2015), and

WHEREAS, the Village Board of Trustees is desirous of supporting the Art Walk event;

NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE NYACK VILLAGE BOARD AS FOLLOWS:

That the Nyack Village Board hereby approves the event, and commends the efforts of the Friends of the Nyacks for organizing the event.

BE IT FURTHER RESOLVED that the Village Board directs the Village Clerk to interface with the Friends and the Parking Authority to arrange for the designated free parking associated with this approval.

The question of the adoption of the foregoing Resolution was duly put to a vote, which resulted as follows:

Yea Nay Abstain Absent

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 Nyack Village Board was convened on May 14, 2015, at 7:30 p.m.

The following resolution was duly offered and seconded, to wit:

Resolution No. 29 of 2015

AUTHORIZING THE MAYOR TO EXECUTE AN INSTRUMENT VACATING THE COVENANT RESTRICTING THE USES PERMITTED IN THE PREMISES KNOWN AS 20 SOUTH BROADWAY, NYACK, NY

WHEREAS, the Village of Nyack previously owned the premises known as 20 South Broadway, Nyack, NY; and

WHEREAS, at the time the Village sold the premises, a Restrictive Covenant was placed on the premises, essentially limiting the future use of the premises to a retail market on the ground floor with Workforce Housing for Emergency Service Volunteers above; and

WHEREAS, the market on the ground floor has failed on two occasions, and the Workforce Housing project has also failed (resulting a previous modification of the Restrictive Covenant to allow market rate housing on the upper floors of the premises); and

WHEREAS, the current owner of the premises has requested a further modification of the Restrictive Covenant to eliminate the remaining restriction on the use permitted at the premises, and to effectively allow the premises to be used for any use permitted in the Zoning District.

THEREFORE BE IT RESOLVED, that the Village Board hereby authorizes the Mayor to execute an instrument extinguishing the use restrictions at the premises, so that the premises may be used for any use permitted under the Village of Nyack Zoning Code. The form of the instrument shall be approved by the Village Attorney.

The question of the adoption of the foregoing Resolution was duly put to a vote, which resulted as follows:

Yea Nay Abstain Absent

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 Nyack Village Board was convened on May 14, 2015, at 7:30 p.m.

The following resolution was duly offered and seconded, to wit:

Resolution No. 2015-30

RESOLUTION OF THE NYACK VILLAGE BOARD

TO RENEW THE CONTRACT WITH BROOKER ENGINEERING, PLLC FOR THE 2015 MS4 ANNUAL 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 2015 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 2015 MS4 Annual Report, due June 1, 2015, in the amount of $1200.00, and that a copy of said proposal be attached to this resolution and made part of the minutes of the regular meeting of the Nyack Village Board held on May 14, 2015.

The question of the adoption of the foregoing Resolution was duly put to a vote, which resulted as follows:

Yea Nay Abstain Absent

Mayor Laird-White [ x ] [ ] [ ] [ ]