Hon. Jen Laird-White Presiding

Minutes of the regular meeting of the Village of Nyack Board of Trustees held at 7:30 pm on Thursday, April 14th, 2016 at Nyack Village Hall, 9 N. Broadway, Nyack New York

Hon. Jen Laird-White presiding:

PRESENT: Jen Laird-White Mayor Louise Parker Trustee Doug Foster Trustee Don Hammond Trustee Marie Lorenzini Trustee

ALSO PRESENT: Jim Politi Village Administrator Walter Sevastian Village Attorney Steve Knowlton Special Counsel Mary E. White Village Clerk

ABSENT:

Pledge of Allegiance

‘ Nyack thanks….’

Adoption of Minutes – Regular meeting of March 24th, 2016 Minutes were approved with the necessary corrections with a motion from Trustee Hammond, seconded by Trustee Parker. Motion passed by unanimous vote.

Public Comment : (discussion of Agenda Items only – 3 minute time limit) At this point in the meeting, Mayor White stated that the Village Board would be hearing a presentation from the Village Planner and the Village’s Planning Consultant regarding Resolution 2016-26. Robert Galvin, the Village Planner, gave a report to follow-up on his presentation made at the March 24, 2016 Village Board meeting regarding the Environmental Assessment Form (EAF) and Coastal Assessment Form( CAF) prepared in connection with the Village Board’s SEQRA review of the proposed amendments to the text of the WF Zoning District. Mr. Galvin “reiterated” that the proposed text amendment was not instituting new uses in the zoning district; rather, it consisted of amending the Special Permit mechanism that already exists in the current WF zoning district for the reasons set forth in the Village Board’s Legislative Statement accompanying the law. Mr. Galvin reported that he had reviewed the “gap” analysis prepared by the Village’s Planning consultants (BFJ Planning), and discussed the findings of BFJ Planning regarding the potential impacts of a potential or conceptual development proposed under the existing zoning as compared to a potential or conceptual development proposed under the proposed language of the text amendment. Mr. Galvin also reported that the changes to the proposed law he discussed at the March 10th Village Board meeting had in fact been incorporated into the proposed law. Finally, Mr. Galvin reported the CAF he had prepared and his conclusion that the proposed text amendment is consistent with the Village’s Local Waterfront Revitalization Plan (LWRP). The Village Board and the Village Attorney questioned the Planner with respect to specific aspects of the proposed local law pertaining to views and on-grade parking, as well as waterfront access. Frank Fish, a principal of BFJ Planning, discussed the specific findings contained in the “gap” analysis in detail, and highlighted the minimal impact of conceptual developments under the existing vs. proposed WF zoning district text. Mr. Fish discussed his firms’ findings and conclusions with regard to all of the environmental factors set forth in the Expanded EAF with the Village Board. Mr. Fish also discussed his firm’s conclusion that the “gap” analysis did examine some specific environmental impacts as reflected in the Expanded EAF narrative, but did not analyze in great detail some site specific issues (such as the potential of a brownfield clean-up of a parcel of land locate in the WF district). Public comment was taken on Resolution 2016-26, including comments for and against the proposed text amendment itself (beyond the scope of Resolution 2016-26 on the agenda). A list of speakers is attached to the Minutes. Zarin & Steinmetz, a law firm representing “area residents”, made a written submission regarding the lack of public participation into the EAF process, the EAF itself, the requirement for an EIS, and the LWRP (the letter is attached). Mayor White stated that the presentation covered a lot of material now set forth in the EAF, Expanded Part 3, and CAF. Mayor White stated that given the public comment and the written submission, that she would suggest that the Board consider tabling Resolution 2016-26 so that Board could consider what was presented at this meeting, and to give the public further time to comment on Resolution 2016-26 prior to the Board coming to a decision on the Resolution. [See Motion made and adopted below]. Action Items:

Resolution No. 2016- 19- Resolution of the Nyack Village Board approving the request of Andre DeNonno to have a Block Party event on Hart Place on May 7th, 2016. Moved by Trustee Lorenzini, seconded by Trustee Parker to adopt resolution as presented. Motion passed by unanimous vote.

Resolution No. 2016- 20 - Resolution of the Nyack Village Board approving a May Day Celebration in Veterans Park on May 1st, 2016. Moved by Trustee Parker, seconded by Trustee Hammond to adopt resolution as presented. Motion passed by unanimous vote.

Resolution No. 2016-21 - Resolution of the Nyack Village Board approving the National Alliance of Mental Illness Campaign. Moved by Trustee Parker, seconded by Trustee Lorenzini to adopt resolution as presented. Motion passed by unanimous vote.

Resolution No. 2016- 22 - Resolution to approve the sale of Surplus Equipment - 2014 Freightliner tandem truck. Moved by Trustee Parker, seconded by Trustee Hammond to adopt resolution as presented. Motion passed by unanimous vote. Resolution No. 2016-23 - Resolution to approve to renewal of Agreement with David J. Skolsky for insurance consulting services. Moved by Trustee Hammond, seconded by Trustee Lorenzini to adopt resolution as presented. Motion passed by unanimous vote.

Resolution No. 2016-24 - Resolution to approve the renewal of the Contract with Brooker Engineering, PLLC, for the 2016 MS4 Annual Report. Moved by Trustee Foster, seconded by Trustee Parker to adopt resolution as presented. Motion passed by unanimous vote.

Resolution No. 2016-25 - Resolution to approve an Agreement with Public Sector HR Consultants for Human Resource Consulting Services. Moved by Trustee Lorenzini, seconded by Trustee Foster to adopt resolution as presented. Motion passed by unanimous vote.

Resolution No. 2016-26 – Resolution to issue a negative declaration under SEQRA and a determination of consistency with the Village LWRP – Waterfront WF Text Amendment. Moved by Trustee Lorenzini, seconded by Trustee Hammond to table the adoption of said resolution to a date certain of 4/28/2016, to include written public comment submission by 4/22/2016. Motion passed by unanimous vote.

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

Public Hearing(s):

At 8:00pm, Trustee Parker moved to open public hearing to consider adoption of the General Fund Budget and Water Department Budget for fiscal year June 1st, 2016 – May 31st, 2017. Trustee Lorenzini seconded the motion and it was passed unanimously.

Additional comment by the following: (see attached list) At 8:17pm, after some discussion, Trustee Parker moved to hold open the public hearing for additional review. Trustee Lorenzini seconded the motion and it passed by unanimous vote. Department Reports to the Board - Orangetown Police Department No report - Village Administrator Reports given on the following: -AmericanWear Uniforms (Attorney to draft resolution for 4/28 meeting) -Trash pickup changes (workshop discussion 4/28 @ 6:30pm) - Village Attorney Reports given on the following: -Planning Board applications -Time Hotel -At 8:24pm Trustee Parker moved, Trustee Hammond seconded the motion approve request for an Executive Session to discuss matters of personnel and pending litigation. Motion passed unanimously. - Village Clerk -Request for concrete barrier placement (corner of Main St. and Gedney St.) -establishment of Senior Clerk Typist position for Building Dept -Worker’s compensation renewal - Village Planner *Waterfront Text Amendment Environmental Assessment Form Report Bob Galvin (Nyack Village Planner), and Frank Fish (BFJ Planning) – **see Public Comment portion of the meeting above.

Old Business Land Use Technical Committee (LUTC) Vendor applications/process

Communications Resolutions will be presented at next meeting for the following:  St. Phillip’s AME Zion Church – Road closure request

New Business

Public Comment : (Open Public Discussion/any topic – 3 minute time limit) Drew Burke spoke to the board on the following: -Nyack Senior Center (Trash/recycling pick up, locks on rear door). Deferred to Trustee Hammond -Nyack recreation programs Mr. Burke was assured that all programs are inclusive to all residents of the Village who wish to participate.

Comments from the Board of Trustees Mayor Laird-White asked the board to consider, for future discussion, ‘Slide the City’ event with a proposed date of 8/27/16. Trustee Foster presented to the board, proposed implementation of an internship program (sponsored by Cornell University). Cornell Assist Management and software Program (CAMP)- a pavement management system -Village Clerk was directed to place under ‘Old Business’ – Nyack Marina/Restaurant

Executive Session (if any) Personnel/Pending Litigation At 9:32pm, Trustee Parker moved to go into Executive Session to discuss matters of personnel, and pending litigation. Trustee Hammond seconded the motion and it passed unanimously. At 10:21pm, 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 Hammond moved to close the regular meeting. Trustee Foster seconded the motion and it was passed unanimously at 10:22pm. Respectfully submitted, Mary E. White, Village Clerk RESOLUTION OF THE NYACK VILLAGE BOARD A regular meeting of the Nyack Village Board convened on April 14, 2016 at 7:30pm

The following resolution was duly offered and seconded, to wit: Resolution No. 2016-19

RESOLUTION OF THE NYACK VILLAGE BOARD APPROVING THE REQUEST OF ANDRE DeNONNO TO HAVE BLOCK PARTY EVENT ON HART PLACE ON MAY 7, 2016

WHEREAS, Andre DeNonno of Jefferson Street has requested permission to close Hart Place for a Block Party Event on May 7, 2016, from 12:00 noon through 12:00 am; and

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

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

That the Nyack Village Board hereby approves the request Andre DeNonno to hold a Block Party Event on Hart Place on May 7, 2016, and

BE IT FURTHER RESOLVED that the Village Board directs the Village Clerk to interface with Mr. DeNonno and the police and fire departments for all necessary notices (including all notices to neighbors) and approvals associated with this event.

BE IT FURTHER RESOLVED that the applicant comply with all local laws, rules and regulations, 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:

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 the Nyack Village Board convened on April 14, 2016 at 7:30pm

The following resolution was duly offered and seconded, to wit: Resolution No. 2016- 20

RESOLUTION OF THE NYACK VILLAGE BOARD APPROVING A MAY DAY CELEBRATION IN THE VETERANS PARK ON MAY 1, 2016

WHEREAS, a local shop owner (Ms. Burns of the shop FESTOON) has approached the Village Board seeking approval for a May Day celebration to be held in the Veterans Park on May 1, 2016 from 11:00 am to 1:00 pm, and

WHEREAS, the Nyack Village Board is desirous of supporting the event, which will be free and open to the public;

That the Nyack Village Board hereby resolves to approve the request of the shop FESTOON to hold a May Day celebration in Veterans Park from 11:00am to 1:00pm on May 1, 2016.

The Village Clerk is directed to coordinate with the shop owner to secure an insurance certificate covering the event.

Mary E. White, Village Clerk RESOLUTION OF THE NYACK VILLAGE BOARD A regular meeting of the Nyack Village Board convened on April 14, 2016, at 7:30 p.m.

RESOLUTION OF THE NYACK VILLAGE BOARD APPROVING THE NATIONAL ALLIANCE OF MENTAL ILLNESS PUBLIC AWARENESS CAMPAIGN

WHEREAS, the National Alliance on Mental Illness (NAMI) organization has requested that the Village of Nyack participate in the organization’s Ribbon Campaign to promote public awareness of mental illness; and

WHEREAS, the Nyack Village Board is desirous of supporting the campaign;

That the Nyack Village Board hereby resolves to support NAMI’s public awareness campaign by agreeing to allow NAMI’s volunteers to put up (and take down) while ribbons on municipal property during the month of May 2016.

RESOLUTION OF THE NYACK VILLAGE BOARD TO SURPLUS EQUIPMENT

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

That the Nyack Village Board hereby resolves that the following equipment owned by the Village of Nyack is hereby declared surplus:

 2014 Freightliner Tandem truck

BE IT FURTHER RESOLVED that the Village Administrator is directed to dispose of the property in accord with the Village’s policy.

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 the Nyack Village Board convened on April 14, 2016, at 7:30 p.m.

RESOLUTION OF THE NYACK VILLAGE BOARD TO RENEW THE AGREEMENT WITH DAVID J. SKOLSKY FOR INSURANCE CONSULTING SERVICES

WHEREAS, the Village of Nyack has previously contracted with David J. Skolsky (“the Vendor”) to provide Insurance Consulting services for the Village; and

WHEREAS, the Vendor has proposed to renew the contract for the fiscal year 2016 – 2107 at a price of $16,000.00;

WHEREAS, the Village Attorney has reviewed the Agreement for form and content, and has approved the same.

That the Nyack Village Board hereby renews the contract with David J. Skolsky for Insurance Consulting services to be performed during the fiscal year 2016 - 2017, 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 April 14, 2016.

RESOLUTION OF THE NYACK VILLAGE BOARD TO RENEW THE CONTRACT WITH BROOKER ENGINEERING, PLLC FOR THE 2016 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 2016 Report at a cost of $1,200.00;

WHEREAS, the Village Attorney has reviewed the contract for form and content, and has approved the same.

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 $1,200.00, 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 April 14, 2016.

RESOLUTION OF THE NYACK VILLAGE BOARD TO APPROVE AN AGREEMENT WITH PUBLIC SECTOR HR CONSULTANTS LLC (PSHRC) FOR HUMAN RESOURCE CONSULTING SERVICES

WHEREAS, the Village of Nyack has received a proposal to from PSHRC (“the Vendor”) to provide human resource consulting services and training for the Village; and

WHEREAS, the Vendor has proposed a the contract for two days of training sessions in the fiscal year 2016 – 2107, at a price of $1,750 per session;

WHEREAS, the Village Administrator and the Village Attorney have reviewed the Agreement for form and content, and has approved the same.

That the Nyack Village Board hereby approves the contract with PSHRC for human resource and training services to be performed during the fiscal year 2016 - 2017, 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 April 14, 2016.

IN THE MATTER OF A LOCAL LAW TO CONSIDER AMENDMENTS TO THE WATERFRONT WF ZONING TEXT CONTAINED IN THE VILLAGE OF NYACK ZONING CODE

RESOLUTION OF THE NYACK VILLAGE BOARD TO ISSUE A NEGATIVE DECLARATION UNDER SEQRA AND A DETERMINATION OF CONSISTENCY WITH THE VILLAGE OF NYACK LWRP

WHEREAS, the Village Board is entertaining the adoption of a Local Law pertaining to the Waterfront WF Zoning District regulations in Chapter 360, Zoning, of the Nyack Village Code (the “Proposed Action”); and

WHEREAS, the subject local law is intended to amend the Waterfront WF Zoning regulations to include, for the first time, design guidelines applicable to proposed developments in the Waterfront WF district (affecting, but not limited to, building design, facades and massing, setbacks, materials, landscaping, and the preservation of true view corridors by requiring underground parking), and to further amend the current special permit mechanism in the current Waterfront WF regulations to provide for additional public benefits on the Village’s waterfront in the event of a proposed development, including meaningful public access, as well as commercial and water-dependant uses.

WHEREAS, in accordance with the requirements of the New York State Environmental Quality Review Act (SEQRA), the Village Board is the only Involved Agency with respect to the Proposed Action and is therefore the Lead Agency; and

WHEREAS, the Village Board has had a Full Environmental Assessment Form prepared in connection with the Proposed Action; and WHEREAS, the Village Board sought comments on the proposed legislation from the Village of Nyack Planning Board as required by Village Board 360-5.6(B)(3)(a), and received comments as reflected in the February 1, 2016 minutes of the Planning Board (the Planning Board’s 2/1/16 comments referenced an earlier Planning Board review and comments pertaining to a private owner’s Petition for text amendment in the Waterfront WF zoning district, said earlier comments being dated June 11, 2015, and which were incorporated in the subject text amendment generated by the Nyack Village Board); and

WHEREAS, the Village Board referred the proposed local law to the Rockland County Planning Board in accordance with the Village Code and Sections 239-l and m of New York State General Municipal Law, and the Rockland County Planning Board responded to the above mentioned referral by means of its letter dated February 19, 2016 (the Rockland County Planning Board’s 2/19/16 comments referenced an earlier County Planning Board review and comments pertaining to a private owner’s Petition for text amendment in the Waterfront WF zoning district, said earlier comments being dated August 19, 2015, and which were incorporated in the subject text amendment generated by the Nyack Village Board); and

WHEREAS, the Village Board held Public Hearings on the proposed Waterfront WF zoning text amendments on February 25, 2016, and March 10, 2016 (with a 10 day written public comment submission window through March 20th after the March 10th Public Hearing); and

WHEREAS, in addition to the mandated comment referrals set forth above, the Nyack Village Board also solicited comments and an environmental assessment and analysis on the proposed Waterfront WF text amendments from the Village of Nyack Planning Consultant, Robert Galvin, and a private planning consulting firm, BFJ Planning; and

WHEREAS, at its regularly scheduled Village Board meeting held on March 24, 2016, the Village Board received an update on the progress of an Environmental Assessment of the Proposed Action by Simon Kates from BFJ Planning, prepared at the request of the Village Board to support the EAF Part 3 that the Village Planner was producing for the Waterfront WF zoning text amendment; and

WHEREAS, BFJ Planning subsequently produced a more detailed Environmental Analysis for the Nyack Village Board to support the EAF Part 3 prepared in connection with the Proposed Action, presented at the regularly scheduled meeting of the Village Board at its regularly scheduled meeting held on April 14, 2016, which analysis focused on the incremental increase in the potential environmental impact under a “worst case” scenario between a development built under the current Waterfornt WF zoning regulations as compared to a development built under the proposed Waterfront WF text amendments, specifically as pertains to:

 Views

 Shadows

 Traffic

 School Children

 Community/Neighborhood character

 Open Space

 Municipal services

WHEREAS, at its regularly scheduled Village Board meeting held on March 24, 2016, the Village Board received a report from the Village Planner recommending revisions/clarifications to the text of the proposed Waterfront WF zoning amendments, which the Planner developed based upon comments received at the public hearings, in comments and letters from neighbors, and the input from the referring agencies referenced in this Resolution; and

WHEREAS, Nyack Village Code Chapter 342-5 (c), the Nyack Waterfront Consistency Review process, vests jurisdiction in the Village Board of Trustees to determine consistency with the Village’s LWRP on Unlisted actions covering three or more acres; and

WHEREAS, the Village Planner has provided the Village Board with a Coastal Assessment Form for the purposes of undertaking the LWRP Consistency Review process; and

WHEREAS, the Village Board of Trustees has considered the scope of the Proposed Action, and Village Planner’s Consistency Review analysis (together with the documents referenced therein) in the context of evaluating the LWRP policy standards and conditions to make a Consistency Determination. THEREFORE BE IT RESOLVED, upon a review of the Coastal Assessment Form (CAF), the long form complete Environmental Assessment Form (EAF), and the Village’s LWRP policies; the Village Board hereby determines, pursuant to the provisions of Chapter 342 of the Code of the Village of Nyack, that the Proposed Action is consistent, to the maximum extent practicable, with the policies of the LWRP and that the Proposed Action will not substantially hinder the achievement of any of the policies set forth in the LWRP, based upon the reasoning set forth in the “Addendum to Costal Assessment Form – Proposed WF District Zoning Amendments”, which expands upon the answers to categories in Part III of the Coastal Assessment Form.

AND BE IT FURTHER RESOLVED AS FOLLOWS:

1. The Village Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein.

2. After conducting a “hard look” at the Full Environmental Assessment Form and other materials related to the Proposed Action, including but not limited to the Environmental Analysis prepared by BFJ Planning Consultants, the Village Board hereby adopts the attached Negative Declaration for the reasons stated therein, thereby finding that the Proposed Action will have no significant adverse impact upon the environment and thereby ending the SEQRA process.

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 [ ] [ ] [ ] [ ] Trustee Parker [ ] [ ] [ ] [ ] Trustee Hammond [ ] [ ] [ ] [ ] Trustee Foster [ ] [ ] [ ] [ ] Trustee Lorenzini [ ] [ ] [ ] [ ] Mary E. White, Village Clerk