Village Board of Trustees Meeting

Village of Nyack 9 North Broadway, Nyack, NY 10960 Village Board of Trustees Meeting January 26, 2023 7:30 pm 1. Pledge of Allegiance Special presentation: • Recognition of Judge Robert Lewis for service to the Justice Court 2. Adoption of Minutes – January 12, 2023 3. Public Hearing - On proposed amendment to Chapter 140 of the Village Code, currently entitled “Building Construction.” Summary: a public hearing to consider amendments to Chapter 140 of the Village Code, currently entitled “Building Construction;” more specifically, the BOT is considering repealing the existing Chapter 140 to replace it with a new Chapter 140 to be entitled “Code Enforcement Program and Building Construction,” to reflect the new version of 19 NYCRR Part 1203. 4. Public Comment – Discussion of Action Items Only – 3 Minute Time Limit. 5. Action Items 5.1 Resolution No. 2023-9 Resolution of the Nyack Village Board accepting audited voucher summary. WHEREAS, the Audited Voucher Summary was presented to the Nyack Village Board of trustees at its regularly scheduled meeting of January 12, 2023. THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE NYACK VILLAGE BOARD AS FOLLOWS: RESOLVED, that General Fund Claims set forth on pages 1 through 24 in the amounts of General fund $227,716.84 Parking fund $24,865.66 Water Fund $45,698.39 Capital Projects $20,400.00 Capital Projects H1 $550.00  as set forth on Audited Voucher Summaries and as submitted by the Village Clerk/Treasurer, are hereby approved. 6. 5.2 Resolution No. 2023-10 Resolution of the Nyack Village Board to amend Chapter 140 of the Village Code, currently entitled “Building Construction.” WHEREAS, the Village Board of Trustees (“BOT”) of the Village of Nyack (“Village”) is the duly elected legislative body of the Village, and authorized to adopt Local Laws amending the Code of the Village of Nyack (“Village Code”). WHEREAS, the BOT has considered the adoption of amendments to Chapter 140 of the Village Code, currently entitled “Building Construction;” more specifically, the BOT has considered repealing the existing Chapter 140 to replace it with a new Chapter 140 to be entitled “Code Enforcement Program and Building Construction,” to reflect the new version of 19 NYCRR Part 1203, as described in more detail below. WHEREAS, this Local Law, presently being considered for adoption by the BOT (“proposed Local Law”), provides for the administration and enforcement of the New York State (“NYS” or “State”) Uniform Fire Prevention and Building Code (“Uniform Code”) and the State Energy Conservation Construction Code (“Energy Code”) in the Village. WHEREAS, a new version of 19 NYCRR Part 1203, Uniform Code and the Energy Code–Minimum Standards for Administration and Enforcement (“Part 1203”), was adopted by the NYS Department of State (“DOS”) on December 14, 2021, which became effective on December 30, 2022; and the DOS recommends that each local government responsible for administration and enforcement of the Uniform Code and Energy Code review its Local Law that establishes its existing Uniform Code and Energy Code enforcement program and make changes to such existing Local Law as may be required to bring its Uniform Code and Energy Code enforcement program into compliance with this new version of Part 1203. WHEREAS, to accomplish the foregoing, the BOT has considered repealing the Village’s existing Local Law that establishes the Village’s Uniform Code and Energy Code enforcement program, and, at the same time, adopting a new Village Local Law based on the new version of Part 1203; which is the intent, purpose and objective of the proposed Local Law, which proposed Local Law is appended hereto and made a part hereof. WHEREAS, the Village Attorney has opined, and the BOT has accepted his legal opinion, that the proposed Local Law is exempt from environmental review, as a Type II Action, as per the State Environmental Quality Review Act (SEQRA) Regulation 6 NYCRR §617.5(c)(33), which exempts from environmental review a local legislative body’s adoption of regulations, policies, procedures, and local legislative decisions, in connection with code administration and enforcement. WHEREAS, following compliance with all public notice requirements as mandated by NYS statute(s) and the Village Code, and distribution of the proposed Local Law to the BOT as per NYS Municipal Home Rule Law §20(4), a Public Hearing was duly held by the BOT regarding the proposed Local Law. NOW, THEREFORE, BASED ON ALL OF THE INFORMATION BEFORE THE VILLAGE BOARD OF TRUSTEES, AND THE FINDINGS MADE HEREIN, BE IT RESOLVED that the Village Board of Trustees hereby adopts the proposed Local Law in the form and substance as appended hereto, and as may be amended herein; which Resolution was moved by _____________________, seconded by _____________________, and (adopted / rejected) by a roll call vote as follows: Aye Nay Mayor Hammond ___ ___ Trustee Jean-Gilles ___ ___ Trustee Lightfoot Cooper ___ ___ Trustee Lorenzini ___ ___ Trustee Rand ___ ___ 5.3 Resolution No. 2023-11 Resolution of the Nyack Village Board to appoint Ashley Dawson to the Climate Action Plan steering committee. RESOLVED, the Trustees of the Village of Nyack appoint Ashley Dawson to the Climate Action Plan steering committee. 5.4 Resolution No. 2023-12 Resolution of the Nyack Village Board to authorize African American Day parade and special event in Memorial Park, June 3, 2023 RESOLVED, the Trustees of the Village of Nyack authorize street closures on June 3 (June 10 rain date) for the African American Day parade route and associated use of Memorial Park, as a Village-sponsored event with no charge for DPW labor costs and the understanding that the lawn area by the gazebo may be unavailable for event use due to construction project. 5.5 Resolution No. 2023-13 Resolution of the Nyack Village Board to authorize closure of South Franklin St for The Local anniversary event. RESOLVED, the Trustees of the Village of Nyack authorize closure of S. Franklin St on April 29 between the M&T driveway and Main Street for The Local’s 8th anniversary celebration with the understanding the applicant will pay costs of village labor, provide insurance and comply with NYS Liquor Authority regulations. 5.6 Resolution No. 2023-14 Resolution of the Nyack Village Board to permit Memorial Park use for the annual Penguin Plunge charity event RESOLVED, the Trustees of the Village of Nyack authorize use of Memorial Park on Sunday, March 5 for the annual Penguin Plunge charity event from 10 AM to 2 PM. 5.7 Resolution No. 2023-15 Resolution of the Nyack Village Board to set a public hearing on a proposed amendment local law to change mayoral term from two to four years. RESOLVED, the Trustees of the Village of Nyack set a public hearing on a proposed amendment to local law to change mayoral term from two to four years on February 9, 2023 at 8:30 PM.  5.8 Resolution No. 2023-16 Resolution of the Nyack Village Board to set a public hearing to discuss the Village’s next application to the Community Development Block Grant program run by Rockland County. RESOLVED, the Trustees of the Village of Nyack schedule a public hearing to discuss the Village’s next application to the Community Development Block Grant program run by Rockland County, for February 9, 2023, at 8:00 PM. 5.9 Resolution No. 2023-17 Resolution of the Nyack Village Board to authorize agreements with U.S. Energy to install EV chargers at Veterans and Marina parking lots. RESOLVED, the Trustees of the Village of Nyack authorize the Village Administrator to sign, pending Village Attorney and Treasurer review as to form and substance, the attached agreements with U.S. Energy to install four new EV ports each at Veterans Park and the Marina parking lots, for a total project cost of $77,380.76, minus Orange and Rockland “make ready” grant for trenching work of $21,600 for each project. The net project cost of $34,180.76 is available from U.S. Energy at zero interest financing and ultimately is expected to be reimbursed by a pending NYS DEC grant; a user charge of approximately 25 cents per kilowatt hour is expected to make the devices self-funding within 5-7 years. 7. Public Comment 8. Department Reports to the Board of Trustees (based on availability) 7.1 Orangetown Police Department 7.2 Village Attorney 7.3 Village Administrator TAP Broadway sidewalk project - Tree guards and trash cans. Plan for work session on Affordable Housing zoning code on February 9. 7.4 Village Clerk 8. Old Business 9. New Business 9.1 Discussion of Work Session regarding Minimum off-street parking zoning requirement 10. Communications 10.1 Walter Santos, Thiells, NY Food truck permit application – discuss location and equipment… 11. Public Comment 12. Comments from the Village Board of Trustees 13. Executive Session 13. Adjournment