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

Minutes of the regular meeting of the Village of Nyack Board of Trustees held at 7:30pm on

Thursday, July 25th, 2013 at Nyack Village Hall, 9 N. Broadway, Nyack New York

Hon. Jen Laird-White:

PRESENT: Jen Laird-White Mayor

Marie Lorenzini Trustee

Louise Parker Trustee

Doug Foster Trustee

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

PLEDGE OF ALLEGIANCE

NYACK THANKS……… ‘Jo and Peter Baer’ Mayor Laird-White publically thanked the Baers’ for their “ incredible generosity in funding the Children’s Playground at Memorial Park”. There will be a certificate and letter of recognition presented in honor of this gift.

ADOPTION OF MINUTES

Regular meeting –June 13th, 2013 Minutes were approved as presented with a motion from Trustee Parker, seconded by Trustee Foster. Motion passed by unanimous vote.

Regular meeting –June 27th, 2013 Trustee Parker made a motion to approve minutes as presented. Motion seconded by Trustee Lorenzini and passed unanimously.

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

Action Items:

Resolution No. 2013-42 Resolution approving “Not Your Momma’s Church Music Festival” event on September 14th, 2013 (8am-6pm).

Motion made by Trustee Lorenzini, seconded by Trustee Foster to adopt as presented. Motion passed by unanimous vote.

Resolution No. 2013-43 Resolution approving agreement with Quennell Rothschild & Partners, LLP for Memorial Park design work proposal.

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

Resolution No. 2013-44 Resolution authorizing application for funds from NYSDOT, under the Transportation Enhancement Program (TEP).

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

Resolution No. 2013-45 Resolution authorizing application for funds from the NYS Office of Park, Recreation, and Historic Preservation for the development of Memorial Park Skate Park.

–  –  –

Public Comment: (Open Public Discussion/any topic – 3 minute time limit) John Carleo – Spoke on the following: lack of property maintenance in the Village, specifically the ‘gateway’ properties on Rt. 59 and municipal lots. The board was complimented on the variety of positive projects in the Village (NYLO Hotel, Benjamin Moore ‘Downtown).

Patricia Hylton – proposed “March for Jesus”. Mrs. Hylton was directed to contact the Village Clerk for procedural information. Matter was deferred for additional information/specifics.

Drew Burke – spoke on Village property maintenance (Senior Center, Mayor’s office)

Public Hearing(s):

At 8pm, Trustee Parker moved to open public hearing to discuss a local law to amend Section 140-15(A) of the Code of the Village of Nyack, entitled “Building Permit, building construction and other associated fees”, as pertains to the fee schedule associated with the issuance of a building permit. Trustee Foster seconded the motion and it passed unanimously.

The following persons spoke on this matter: J. Carleo, W. Sevastian, L. Parker, D. Foster, M.

Lorenzini.

After discussion, it was decided to hold the public hearing open for additional discussion and review.

–  –  –

New Business Public Comment: (Open Public Discussion/any topic – 3 minute time limit) Comments from the Board of Trustees Mayor Laird-White – Art exhibit (Village Hall) Executive Session (if any) At 8:13pm, Trustee Parker moved to go into Executive Session to discuss a policing matter. Trustee Foster seconded the motion and it passed unanimously.

At 8:47pm, it was moved by Trustee Lorenzini, seconded by Trustee Parker to come out of Executive Session. Motion passed unanimously.

Adjournment.

There being no further business, nor anyone present wishing to be heard, Trustee Parker moved to close the regular meeting. Trustee Hammond seconded the motion and it was passed unanimously at 8:49pm.

–  –  –

WHEREAS, the Silver Springs Vineyard Church has requested permission to utilize Memorial Park on September 14, 2013 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 September 14, 2013 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:

–  –  –

WHEREAS, the Village of Nyack has previously contracted with Quennell Rothschild & Partners, LLP (the “Vendor”) to perform services relative to the design of Memorial Park; and WHEREAS, the Vendor has proposed to continue the contract for certain services to be performed during the fiscal year 2013 – 2104;

WHEREAS, the Village Board has reviewed the terms of the Proposal and has approved the initial expenditure of $2,250.00 for the service described as “Existing Base Sheet update for as-builts, additional scope items” referred to on page #1 of the Proposal.

NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE NYACK

VILLAGE BOARD AS FOLLOWS:

That the Nyack Village Board hereby approves the contract with Quennell Rothschild & Partners, LLP to perform services relative to the design of Memorial Park to the extent of the initial expenditure of $2,250.00 for the service described as “Existing Base Sheet update for asbuilts, additional scope items” listed on page #1 of the Proposal.

BE IT FURTHER RESOLVED that the Village Board will consider approval and payment of the next task(s) described in the Proposal on an ongoing and as needed basis.

–  –  –

RESOLUTION OF THE NYACK VILLAGE BOARD

AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDS TO THE NYS

DEPARTMENT OF TRANSPORTATION, UNDER THE

‘TRANSPORTATION ENHANCEMENT PROGRAM’ (TEP) WHEREAS, the Village of Nyack, herein called the "Municipality", after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work, as described in its application and attachments, herein called the "Project", is desirable, is in the public interest, and is required in order to implement the Project;

and WHEREAS, the Transportation Equity Act for the 21st Century and the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users provided funding opportunities for activities intended to benefit the traveling public, to increase transportation choices and access, to enhance the built and natural environment and to provide a sense of place;

and WHEREAS, the activities of the Project herein benefit the traveling public, increase access to public transportation, enhance the built environment and further the Municipality’s plans for the revitalization of the village; and WHEREAS, the Municipality deems it to be in the public interest and benefit under these acts to authorize and direct Jen Laird-White, as Mayor of the Village of Nyack, New York, to file an application for funds to the New York State Department of Transportation, Transportation Enhancement Program.

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 new sidewalks, the installation of new street lighting and related streetscape improvements along North Broadway and South Broadway, from southern boundary of the Village at 93 South Broadway, and the northern boundary at 265 North Broadway.

–  –  –

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 25, 2013, and is on file and that said resolution has not been altered, amended or revoked and is in full force and effect.

–  –  –

RESOLUTION OF THE NYACK VILLAGE BOARD

AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDS FROM THE NYS

OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION

FOR THE DEVELOPMENT OF THE MEMORIAL PARK SKATE PARK.

Whereas, the Village of Nyack is supportive of enhancing recreational opportunities in the village;

Whereas: the Village of Nyack has recognized that the public have been advocating for a skate park since the 1970’s, and have signed petitions in recent months urging the Village to install a skate park in Memorial Park;

Whereas, the Village of Nyack recognizes that no skate parks currently operate in Rockland County, creating a regional disadvantage with regard to recreational Opportunities;

Whereas, in response to the recent development of the grass roots movement, Nyack Needs a Skate park, the Village Board of Trustees passed a resolution in March 2013 in support of construction of a skate park, and has allocated 5,000 square feet in Memorial Park for this purpose;

Whereas, the Village of Nyack recognizes the commitment of the Nyack Parks Conservancy to take on as a project the development of a skate park in Memorial Park, and is working to raise funds for its construction;

Whereas, the Village of Nyack recognizes that the Nyack Parks Conservancy has advanced plans and programs for the skate park, and has developed preliminary plans and cost estimates for the skate park;

Whereas, the public has supported the construction of a skate park in Memorial Park and made its support known;

Whereas, there exists a need to secure financial assistance to construct a skate park in Memorial Park that it may be available for public use and enjoyment.

Now, therefore be it resolved, that Jen Laird-White, as Mayor of the Village of Nyack, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, in an amount no to exceed $100,000, and upon approval of said request, to enter into and execute a project agreement with the state for such financial assistance to this Village for the Development of the Memorial Park Skate Park.

–  –  –

I, Mary E. White, the duly qualified Clerk of the Village of Nyack, New York, do hereby certify that the following resolution was adopted at a regular meeting of the Village Board held on July 25, 2013, and is incorporated in the original minutes of said meeting, and that said resolution has not been altered, amended or revoked and is in full force and effect.

Date: July 25, 2013 __________________________

Mary E. White, Village Clerk

–  –  –

Whereas, the Village of Nyack is supportive of enhancing recreational opportunities in the village;

Whereas, the Village of Nyack recognizes that few opportunities exist in Rockland County for youth and families to enjoy ice skating because of the scarcity of rinks and relatively high fees for their use, creating a regional disadvantage with regard to recreational opportunities;

Whereas, the Village of Nyack recognizes the commitment of the Nyack Parks Conservancy to raise funds for the development of a portable ice skating rink for seasonal use;

Whereas, the public has supported the construction of a seasonal ice skating rink in Memorial Park and made its support known;

Whereas, there exists a need to secure financial assistance to construct a portable ice skating rink for seasonal use in Memorial Park that it may be available for public use and enjoyment.

Now, therefore be it resolved, that Jen Laird-White, as Mayor of the Village of Nyack, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, in an amount not to exceed $300,000, and upon approval of said request, to enter into and execute a project agreement with the state for such financial assistance to this Village for the Development of the Memorial Park Seasonal Ice Skating Rink

–  –  –

Date: July 25, 2013 ____________________

Mary E. White, Village Clerk



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