Village Board of Trustees Meeting

Minutes of the Regular Meeting of the Village of Nyack Board of Trustees held at 7:30 on Thursday, October 5, 2023 Present Don Hammond Mayor Joseph Rand Deputy Mayor Trustee Marie Lorenzini Trustee Donna Lightfoot-Cooper Trustee Pascale Jean-Gilles Trustee Also Present Jennifer Hetling Village Clerk/Treasurer Dennis Michaels Village Attorney Absent Andrew Stewart Village Administrator Meeting called to order at 7:30pm Pledge of Allegiance Adoption of Minutes – September 14, 2023 – Motion by Pascale Jean-Gilles, seconded by Joseph Rand to accept the minutes of 9/14/2023 as presented. The motion was approved by a vote of 4-0-1 (Trustee Lightfoot-Cooper abstained) Continuation - Public Hearing on Proposed Amendments to Chapter 360 (Zoning) of the Code of the Village of Nyack, So As To Exempt the Removal of a Single Significant Tree From Planning Board Review and Approval. No public comment. Motion by Marie Lorenzini, seconded by Pascale Jean-Gilles to close the public hearing at 7:34pm. The motion was approved by a unanimous vote. Presentation – ETPA Vacancy Study Report Public Comments on Action Items – Resolution No. 2023-138 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 October 5, 2023. RESOLVED, that General Fund Claims set forth on pages 1 through 19 in the amounts of  General Fund– $134,852.38 Parking Fund – $89,742.79 Water Fund – $40,508.63 Capital Projects – $80,913.67 Trust and Agency Fund - $1,192.83 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. 2023-139: Resolution Of The Nyack Village Board Of Trustees To Accept The Vacancy Survey/Study Conducted By The Village Administrator, Relating To The Emergency Tenant Protection Act’s Declaration Of Housing Emergency WHEREAS, Chapter 5, entitled “Emergency Tenant Protection Act of Nineteen Seventy- Four”, of Title 23, of the Unconsolidated Laws of the State of New York (hereinafter “ETPA”), and §8623(a) therein, empower the Village Board of Trustees (“Village Board”), as the local legislative body of the Village of Nyack (“Village”), to conduct a survey or study to determine, on the basis of the supply of rental housing accommodations within the Village, the condition of such accommodations and the need for regulating and controlling residential rent amounts within the Village, whether or not a declaration of housing emergency may be made as to any class of rental housing accommodations where the vacancy rate for the housing accommodations, in such class, is not in excess of five percent. WHEREAS, over the past year (or more), the Village Board has regularly, and consistently, heard from Village residents, both during Village Board meetings and, separately and individually, outside of meetings (including on social media), that (i) there has been an increase in unwarranted, and/or excessive, rent amounts; (ii) there is an acute shortage of rental housing accommodations caused by continued high demand and limited supply; (iii) there are a substantial number of persons residing in rental housing, not presently benefitting from (for example) “Section 8” or State subsidies, who are being charged excessive and/or unwarranted rents or rental amount increases; and (iv) there are low to middle income residents, who have lived in the Village for many years, who may need to relocate outside of the Village due to inability to afford higher rental payments. WHEREAS, in an effort to confirm, or debunk, the aforesaid anecdotal information expressed by residents, which, if confirmed, would prompt the Village Board (i) to explore options for governmental action to inhibit the exaction of unreasonable and oppressive rents, and rental agreements, and (ii) to forestall uncertainty, hardship and dislocation of Village residents, which governmental action the Village Board finds to be necessary and designed to protect the public health, safety and general welfare, the Village Board requested that the Village Administrator conduct a vacancy survey/study of rental housing accommodations in buildings constructed, or substantially rehabilitated as residential units, prior to January 1, 1974, and which contain at least 25 dwelling units or apartments (“vacancy survey/study”), and to report back to the Village Board whether or not the vacancy rate, for this class of rental housing accommodations, is not in excess of five percent.  WHEREAS, the Village Administrator has completed the aforesaid vacancy survey/study, has submitted same to the Village Board, and has explained his methodology, procedure and process to the Village Board; and which vacancy survey/study is appended hereto, made a part hereof and marked as “NYACK RENTAL VACANCY SURVEY REPORT,” dated October 5, 2023. WHEREAS, the Village Board finds that its acceptance of the vacancy survey/study, as constituting information or data collection, and/or conducting of research or a survey, and/or the adoption of procedures in connection with the vacancy survey/study, is a Type II Action, as per §617.5(c)(24) and/or (33) of the Regulations of the State Environmental Quality Review Act (“SEQRA”), which, as a Type II Action, is exempt from, and not subject to, environmental review under SEQRA. NOW, THEREFORE, based on all the documentation and information before, and testimony heard by, the Village Board, and the findings and determinations made herein; BE IT RESOLVED that the Village Board hereby accepts the Village Administrator’s vacancy survey/study, appended hereto as ““NYACK RENTAL VACANCY SURVEY REPORT,” dated October 5, 2023, and as same may have been amended “by-hand” during the meeting; and BE IT FURTHER RESOLVED that the Village Board, at this time, is not yet declaring a housing emergency, as contemplated by ETPA §8623(a), which declaration, if any, will be determined, if at all, after the Village Board holds a Public Hearing on this matter; Motion by Donald Hammond, seconded by Marie Lorenzini to table the resolution until October 12, 2023. The motion was approved by a vote of 4-1 (Trustee Jean-Gilles nay) Resolution No. 2023-140: Resolution Of The Nyack Village Board Of Trustees To Approve Installation of a Creche at Hezekiah Easter Veterans Park by Knights of Columbus and the Parish of St. Paul and St. Ann. RESOLVED, the Village Board approves installation of a Christmas Creche at the Hezekiah Easter Veterans Park on or about December 9, 2023, with removal on or about January 6, 2023. Motion by Pascale Jean-Gilles, seconded by Donna Lightfoot-Cooper to accept the resolution as presented. The motion was approved by a unanimous vote. RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF NYACK, TO AMEND CHAPTER 360 (ZONING) OF THE CODE OF THE VILLAGE OF NYACK, SO AS TO EXEMPT THE REMOVAL OF A SINGLE SIGNIFICANT TREE FROM PLANNING BOARD REVIEW AND APPROVAL Resolution No. 141 of 2023 At 8:00 PM, during a regular meeting of the Board of Trustees of the Village of Nyack (“Village”), convened on October 5, 2023, the below-described Public Hearing was opened, or was opened at, and continued from, a prior meeting; and the following Resolution was duly offered and seconded, to wit: WHEREAS, the Board of Trustees of the Village of Nyack (“Village Board”) is the duly elected legislative body of the Village, and authorized to adopt Local Laws amending the Village Code, including amendments to the zoning regulations embodied in Chapter 360 (Zoning) of the Village Code (“Zoning Code”). WHEREAS, the Village Board has published a Notice of Public Hearing in the Journal News, digitally posted said Notice on the Village’s website, and physically posted the Notice on the Village’s official bulletin board, in accordance with NYS Municipal Home Rule Law §20, with regard to proposed text amendments to the Zoning Code, which amendments are summarized as follows: An application to the Village Building Department, which requests removal of a single significant tree for any reason whatsoever, will be exempt from the requirement that the application be reviewed and approved by the Village Planning Board, which exemption may be availed of once per three years per tax lot (“Local Law”); which Local Law is appended hereto, made a part hereof and marked as “ATTACHMENT A.” WHEREAS, copies of: (i). the proposed Local Law, (ii). the narrative Memo of Robert (“Bob”) Galvin, AICP, Village Planner (“Village Planner”), dated August 21, 2023, (iii). the State Environmental Quality Review Act (“SEQRA”) Part 1 (entitled Project Information) of the Short Environmental Assessment Form (“EAF”), dated August 17, 2023, (iv). Part 2 of the SEQRA EAF (entitled Impact Assessment), dated August 19, 2023, and (v) . Part 3 of the SEQRA EAF (entitled Determination of Significance), dated August 21, 2023; were all provided to the Village Board, in accordance with NYS Municipal Home Rule Law §20. WHEREAS, following compliance with all public notice requirements as mandated by the applicable NYS statute(s) and the Village Code, and distribution of the proposed Local Law to the Village Board as per NYS Municipal Home Rule Law §20(4), the Village Board opened, and held, Public Hearings on the Local Law on September 14 and October 5, 2023. WHEREAS, the Rockland County Planning Department, pursuant to NYS General Municipal Law (“GML”) §239-l, et seq., reviewed the proposed Local Law and provided a GML review report to the Village Board, dated September 12, 2023, which report Approved the proposed Local Law. WHEREAS, prior to the Public Hearing, the Village Board sought comments on the proposed Local Law from the Village Planning Board, as per Village Code §360-5.6(B)(3)(a); and the Planning Board reviewed the Local Law at its September 5, 2023, meeting and provided a written recommendation to the Village Board, dated September 8, 2023, in which the Planning Board stated the following concerns: “[O]ne of the major rationales of this amendment, to the Zoning Code’s significant tree removal provisions, is to reduce significant tree removal applications to the Planning Board; but reducing the measurement of a significant tree from 12” to 8” in diameter will counteract the other aspects of the proposed amendment by increasing, rather than decreasing, the volume of applications requesting significant tree removal. The definition of Significant Tree should be amended to read as follows: ‘A native or non-invasive tree at least 12 inches in diameter as measured at breast height.’” WHEREAS, after notice duly given, and there being no other Involved Agency, by Resolution adopted September 14, 2023, the Village Board declared itself to be, and assumed the role of, SEQRA Lead Agency. WHEREAS, the Village Board, after reviewing the Waterfront Assessment Form for Local Waterfront Revitalization Plan (LWRP) Consistency Review, prepared and recommended by the Village Planner, dated August 23, 2023, and after considering all of the discussion and analysis by the Village Board with respect to the documents referenced and considered by the Village Board at its September 14 and October 5, 2023, Public Hearings, the Village Board finds and determines that the proposed Local Law is consistent with the LWRP and the Village’s Comprehensive Master Plan. WHEREAS, the Village Board, acting in its capacity as the SEQRA Lead Agency, and after reviewing the aforementioned Part 1, Part 2 and Part 3 of the SEQRA EAF, all of which Parts of the EAF were prepared and recommended, on behalf of the Village Board, by the Village Planner; the Village Board hereby adopts the said Part 1, Part 2 and Part 3, and incorporates them by reference as if fully set forth herein. THEREFORE, BE IT RESOLVED, that the Village Board, after conducting a “hard look” review of all environmental factors, including, but not limited to, all three of the aforesaid Parts of the EAF, and the Village Planner’s August 21, 2023, narrative Memo, hereby determines that there will be no potential significant adverse environmental impacts resulting from the Village Board’s adoption of the proposed Local Law, and makes a Determination of Non-Significance under SEQRA, thereby determining and issuing a SEQRA Negative Declaration. BE IT FURTHER RESOLVED that the Village Board finds, after reviewing the proposed Local Law and the Village Planner’s August 21, 2023, narrative Memo, that this Local Law will contribute to the Village Board’s initiative to streamline the Village Planning Board’s (“PB”) application and review process, so as to make it more efficacious, less complicated, more user friendly, and less costly for applicants; and this Local Law will also serve to more effectively utilize limited Village staff and resources, and improve the experience of applicants and PB Members. While the Village Board recognizes the importance of tree preservation, this single significant tree removal exception to the PB review and approval process will not degrade the Village’s regulatory protections relating to the safeguarding of trees, since a single significant tree removal application is not unlimited and will still be subject to administrative review by a Village Building Inspector. Motion by Pascale Jean-Gilles, seconded by Donna Lightfoot-Cooper to accept the resolution as presented. The motion was approved by a unanimous vote. Public Comment – Tina Traster - Asked if there is a deadline for adopting ETPA process. She also asked what the definition of affordable housing. Reports Orangetown Police – Mayor Hammond stated that they are increasing foot patrols, will give crime statistics on a regular basis and they will present them at a Village Board meeting quarterly. Motion by Marie Lorenzini, seconded by Joseph Rand to approve an executive session regarding personnel and potential litigation. Motion passed by a unanimous vote. Village Administrator – The gazebo in Veterans Memorial / Hezekiah Easter Park is being updated by painting and re-pointing of stone work. The DRI application has been submitted. The work in Memorial Park has started with repairs/upgrades to the playground. The marina parking lot will be paved starting next week. The LUTC (Land Use Technical Committee) will be making a short presentation on Oct 12 regarding the ETPA The food waste composting drop off at the Nyack DPW is being well received by the residents. Old Business - Text amendment on 11 Fourth Ave. – a determination will be made at the next meeting on October 12, 2023 Communications – - Dennis Lynch, memo re: ETPA on behalf of landlords - Berea Pastor Appreciation event - RC Planning Dept approval of Draft Amendment to Zoning Code – Trees - Pinsky memo on ambulance service – The board decided to keep the Nyack Ambulance service currently being used. - Liz McCrory, Parks Conservancy, proposal to pay for installation of a commemorative plaque at Memorial Park gazebo stating, “The Bert and Chris Hughes Music Pavilion.” – A resolution will be added to the next meeting. - John Carleo re: parking fees – Mayor Hammond stated that the hospital does not have valet parking for the employees because it is not needed as per Nyack Hospital. He also stated that credit card fees are absorbed by the Nyack Parking Authority when they pay using the app and the meters. - Hart Place Block Party, Saturday, October 7, 3 PM to 12 AM, petition. Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to approve this request. Motion passed by a vote of 4-0-1 (Trustee Rand abstained) - Request to do a wedding proposal in Memorial Park on October 21 at 1230pm with approximately 20 people. Motion by Joseph Rand, seconded by Donna Lightfoot-Cooper to approve the request. Motion passed by a unanimous vote. Public Comment – Jack Dunnigan – Stated that it is Banned Book Week. Comments from the Village Board Marie Lorenzini – None Pascale Jean-Gilles – None Donna Lightfoot-Cooper – She attended the ribbon cutting of Big Red Books. Joseph Rand – We are just over a month away from election day. We should encourage our residents to vote. Don Hammond –. Rockland Gardens is renovating the complex. – There is an IDA PILOT agreement where their assessment will be frozen for a limited time frame. A resolution will be added to the next agenda. The John Green House did fundraising and has stabilized the north wall. Executive Session Motion by Joseph Rand, seconded by Pascale Jean-Gilles to move to executive session at 8:47pm. The motion was approved by a unanimous vote. Motion by Pascale Jean-Gilles, seconded by Donna Lightfoot-Cooper to move out of executive session at 9:09pm. The motion was approved by a unanimous vote. Adjournment Motion by Joseph Rand, seconded by Marie Lorenzini to adjourn the meeting at 9:10pm. The motion was approved by a unanimous vote.