Village Board of Trustees Meeting

Minutes of the Regular Meeting of the Village of Nyack Board of Trustees held at 7:30 on Thursday, April 13, 2023 Present Don Hammond Mayor Joseph Rand Deputy Mayor Trustee Marie Lorenzini Trustee Donna Lightfoot-Cooper Trustee Pascale Jean-Gilles Trustee Also Present Dennis Michaels Village Attorney Andrew Stewart Village Administrator Jennifer Hetling Village Clerk/Treasurer Meeting called to order at 7:30pm Pledge of Allegiance Adoption of Minutes – March 23, 2023 A motion was offered by Donna Lightfoot-Cooper to approve the adoption of the minutes of March 23, 2023, seconded by Marie Lorenzini. The motion was approved by a unanimous vote. Public Hearing, 8:00 PM A public hearing on amendments to the local law 120 Affordable Housing. The purpose and intent of this Local Law is to improve the Village’s ability to address the insufficient supply of affordable and workforce housing within the Village; and the Board continues to find that it is in the public interest to encourage, and require that, all sectors, public and private, participate in the development and retention of such housing and, to that end, require that a certain portion of multi-family residential housing developments be set aside for low and moderate income households, or that a fee be paid to the Village in lieu of providing such housing units. Motion by Marie Lorenzini, seconded by Joseph Rand to open the public hearing at 8:09pm. Motion passed by a unanimous vote. As explained by Andrew Stewart, the proposed legislation increases the payment in lieu of from $50,000 to $100,000, the program would last 99 years rather than 50, the new law includes a policy and procedures manual and includes language allowing the use of an outside agency to monitor the process. Geri Levy – Explained how the Rockland Housing Action Coalition would assist in the process. Joe Carlin – He stated that the reduction from 20% to 10% is too much. He also stated that fractional numbers are being rounded down instead of up to which the Mayor responded that it should not be. Finally, he asked if the affordable units would be the same size. Alex Vursta – He stated that, as a landlord, he purchased homes as rentals without limitations and now limitations are being forced upon him. He feels that people need to adapt to rising costs. Sue Smith – Tenants in non-rent stabilized apartments will be effected with unintended consequences. She also stated that rental units that become vacant sometimes stay vacant because the cost to renovate outweighs the rent increase allowable. Dominic Pilla – The tenant protection act goes hand-in-hand with robust affordable housing. Nyack does not have much affordable housing being built partially due to density so the board should consider how these two fit together. Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to close the public hearing at 8:32pm. Motion passed by a unanimous vote. Public Hearing, 8:30 PM A public hearing on the FY 2023-2024 Draft Budget Motion by Joseph Rand, seconded by Pascale Jean-Gilles to open the public hearing at 8:34pm. Motion passed by a unanimous vote. No public comment. The board resolved to keep the public hearing open for additional comments. Public Hearing, 9:00 PM Continued from March 23 A public hearing on amendments to the local law 360-4.5 Parking and Loading minimum off street parking requirements. (Continuation from a prior meeting.) Joe Carlin – Stated that he thinks if a builder wants the waiver from off-street parking then they should be required to provide affordable housing. Public Comments on Action Items – None Resolution No. 2023-53 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 April 13, 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 14 in the amounts of General fund $56,734.65 Parking fund $3,676.74 Capital Projects – $2,984.53 Water Fund - $6,747.86 as set forth on Audited Voucher Summaries and as submitted by the Village Clerk/Treasurer, are hereby approved. Motion by Marie Lorenzini, seconded Donna Lightfoot-Cooper to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-54 Resolution of the Nyack Village Board of Trustees approving outdoor dining in “parklet” policy and fees RESOLVED, the Board of Trustees approves a policy of allowing restaurant “parklets” for outdoor dining in parking spaces, subject to Building Department enforcement of safety rules, including ADA compliance and amends the Village Fee Schedule to include fees of: $150/year for installation, removal and storage of concrete barriers, $100/month for lost parking revenue; $25 for permit application review and $25 for safety inspection. Motion by Pascale Jean-Gilles, seconded by Marie Lorenzini to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-55 Resolution of the Nyack Village Board of Trustees approving a contract with Aramark to supply meals for the Nyack Summer Food Program RESOLVED, pursuant to an RFP and competitive bidding process, the Village unsealed bids for the summer food program on Thursday, March 23 at 10 AM and the lowest and only bid was from Aramark Educational Services, LLC, a company found to have provided satisfactory service in the past, at a proposed cost of $2.77 per breakfast meal and $4.78 per lunch meal, for an estimated total cost of $30,345 for the summer, which bid the Board of Trustees accepts and directs the Village Administrator to sign the contract and execute any related plans and procedures needed to successfully implement the contract. Motion by Donna Lightfoot-Cooper, seconded by Joseph Rand to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-56 Resolution of the Nyack Village Board of Trustees approving a the closure of the Riverspace parking lot for a special event hosted by Nyack Fresh Market on Sunday, August 6, 2023 RESOLVED, the Board of Trustees approves closure from 6 AM to 10 PM of the Riverspace parking lot for a special event hosted by Nyack Fresh Market on Sunday, August 6, 2023, subject to receipt of adequate insurance and reimbursement of any DPW labor costs, and including placement of a display vehicle in front of the store on the sidewalk in the months prior to the event, subject to review of the Building Inspector. Motion by Donna Lightfoot-Cooper, seconded by Joseph Rand to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-57 Resolution of the Nyack Village Board of Trustees approving a two year agreement with Comp Alliance for Workers Compensation insurance RESOLVED, based on the recommendation of the Village’s insurance broker Brown and Brown, Inc., the Board of Trustees approves a two year agreement with Comp Alliance for Workers Compensation insurance at a cost of $113,123 per year, compared to the expiring annual cost of $133,260, to cover the policy period of 7/1/23 to 6/30/25. Motion by Marie Lorenzini, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-58: Resolution of the Nyack Village Board of Trustees to adopt a Local Law amending Chapter 120 (Affordable Housing) of the Nyack Village Code WHEREAS, the Board of Trustees (“Board”) 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 Board has considered the adoption of amendments to Chapter 120 of the Village Code, entitled “Affordable Housing,” Board including changes to bring Chapter 120 up to date with current best practices in the field of affordable housing policy in order to better serve the Board’s desire to improve the Village’s ability to address the insufficient supply of affordable and workforce housing within the Village. WHEREAS, the Village Attorney has opined, and the Board 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 any action on the SEQRA Type II exempt list. 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 Board as per NYS Municipal Home Rule Law §20(4), a Public Hearing was duly held by the Board 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. Motion by Donna Lightfoot-Cooper seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-59 Resolution of the Nyack Village Board to commission a rental apartment vacancy study according to the requirements of the NYS Emergency Tenant Protection Act. RESOLVED, the Board of Trustees approves an expenditure not to exceed $8,000 from the Affordable Housing Fund to pay for the costs of conducting a vacancy survey of residential apartment units in buildings in Nyack built before 1974 and having six or more apartments, in accordance with the requirements of the NYS Emergency Tenant Protection Act, and directs the Village Administrator to commission such a study by a competent party. Motion by Marie Lorenzini, seconded by Donna Lightfoot-Cooper to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-60 Resolution of the Nyack Village Board to schedule a work session on the FY 2023-2024 Village Budget. RESOLVED, the Board of Trustees schedules a budget work session for April 26, 2023 at 7:00 PM, and cancels the previously scheduled work session on April 20, 2023. Motion by Pascale Jean-Gilles seconded by Marie Lorenzini to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-61 Resolution of the Nyack Village Board to approve an agreement with Business Expense Advisors, LLC to perform an expense reduction project reviewing Village procurement of diverse goods and services for opportunities to reduce costs. RESOLVED, the Board of Trustees approves an agreement with Business Expense Advisors, LLC to identify any savings opportunities pertaining to recurring Village purchase of goods and services, with Business Expense Advisors, LLC compensation to be contingent on, and payable at a rate of 50% of, actual documented savings to the Village, over a period of two years of such savings, except Business Expense Advisors, LLC’s compensation shall be 40% in the case of improved revenues from cable franchise fees. After two years from the date of when savings started, the compensation of 50% of savings from Business Expense Advisor's procurement work on behalf of the village will accrue 100% to the village. Motion by Pascale Jean-Gilles seconded by Joseph Rand to accept the resolution as presented. The motion was approved by a unanimous vote. Public Comment Alex Vursta – Asked why the Village is doing a vacancy study when there is a shortage of housing nationwide. Stated that he is against rent control. He has purchased buildings at fair market value and should be able to rent them at fair market value. Sue Smith – She is a landlord that supposes rent stabilization. However, there are unintended consequences to the law. For instance, the cost of renovation is very high and not supported by the minimal allowable rent increase. Taylor Mandelbaum – Housing prices are driving residents out of the Village. Tyrone Azanedo – He has a background in real estate. Stated that rent control is different than affordable housing. Also, he estimated that ADA requirements will reduce outdoor seating by half. Communications Kerry Vaniskhian, Memorial Park Use Application for childrens birthday event, Sunday, 5-28- 23, 12-2 PM. – The board approved this event and will formalize it through a resolution at the next meeting. Andre Smith, Memorial Park Use Application for cancer awareness event, Sat., August 12, 2023 – The board denied this request. The applicant can come back with a scaled down proposal. Alexandra Lescaze, South Mill Street Block Party, Saturday, May 13, 3-10 PM . – The board approved this event and will formalize it through a resolution at the next meeting. Nicole Hines, Center For Safety and Change, application to use Nyack Senior Center, Saturday, April 22, 10 AM – 6 PM for a gun violence awareness event, and monthly on Thursdays, 3-4:30 for a Healing Circle. Nicole Hines hinesnicole79@yahoo.com . – The board approved this event and will formalize it through a resolution at the next meeting. Alisa Nunno, Memorial Park Use Application for 20 people to meet on Viewing Platform 4 – 4:30 PM, Friday, August 11, for Wedding Event. – The board approved this request. Christina Knapp, Memorial Park Use Application for 2023 Music on Hudson calendar: June 27; July 11, 18, 25; August 1, 8. – The board approved this event and will formalize it through a resolution at the next meeting. Morgana, Memorial Park gazebo, event permit request for drum circle (Glenn Schloss), local DJs, 2 food trucks, on Saturday, May 13, 2023, rain date 5/21, 1-9 PM. – Mayor Hammond and Administrator Stewart will meet with the organizer to speak about the event. Reports Orangetown Police Department – The Mayor and Administrator met with OPD and spoke about aggressive panhandling who are actively monitoring it. OPD is ready for the upcoming events planned in the Village. Village Attorney – He has reviewed the law as it relates to the Nyack Parking Authority patrolling private lots. He believes the language of the law would allow this. Village Administrator – The DPW has been hard at work filling potholes and striping. Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean Gilles to hold an executive session as it relates to personnel. Motion passed by a unanimous vote. Old Business Discussion of Parking Authority board meeting on April 13 at 6:45 PM. – A discussion was held on the 2023-2024 budget. There was also a discussion on changes that have been made and proposed changes. (See attached memo) Berea Church park use application – The Mayor has had some conversations with them and is awaiting more info. So far, they have permission to hold a basketball tournament and a filming. Next steps on amendments to the local law 360-4.5 Parking and Loading minimum off street parking requirements. Public Comment - None Comments from the Village Board Pascale Jean Gilles – Indian Point is closed now but the company that did the closing announced that they will be dumping radioactive waste water in the Hudson River beginning in May. There is a virtual public hearing on this on April 25 at 6pm. You must sign-up to make comments. Donna Lightfoot Copper – The Housing Authority meeting for this week was cancelled. On April 18th there is a meeting to meet the interim executive director. Joseph Rand – Info is being given out regarding the leaf blower law. Marie Lorenzini – She attended the 2030 Climate Action Committee meeting on waste management. There are more workshops on other topics upcoming. Anyone is welcome to join the committee. Don Hammond – There is a Rockland County Housing Forum. Meeting on the 21st from 9am – 3pm. Executive Session A motion to move into Executive Session at to discuss was offered by Donna Lightfoot Cooper, seconded by Pascale Jean-Gilles. The motion was approved by a unanimous vote. A motion to adjourn Executive Session was offered by Pascale Jean-Gilles, seconded by Donna Lightfoot-Cooper. The motion was approved by a unanimous vote. Adjournment Motion by Joseph Rand seconded by Marie Lorenzini to adjourn the meeting. The motion was approved by a unanimous vote.