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 12, 2023 Present Don Hammond Mayor Joseph Rand Deputy Mayor Trustee Marie Lorenzini Trustee Donna Lightfoot-Cooper Trustee Pascale Jean-Gilles Trustee Also Present Andrew Stewart Village Administrator Dennis Michaels Village Attorney Absent Jennifer Hetling Village Clerk/Treasurer Meeting called to order at 7:30pm Pledge of Allegiance 1. Presentation- Steve Knowlton, Land Use Technical Committee – Affordable Housing (ADUs) and streamlined sign review process. – Postponed until October 26, 2023. Public Comments on Action Items – Amir Alamir - asked status of alleged building code violations at 197 Sickles Ave. supports adoption of ETPA Marianne Livingston - opposes petition for zone code amendment from owners of 11 4th Ave on grounds that it would harm the neighborhood. Joe Carlin – asked for amendment to resolution permitting after-hours star gazing meeting in Memorial Park to extend time frame in case of poor visibility at night, but BOT declined to amend, hoping for good weather on the existing approved dates Resolution No. 2023-142 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 12, 2023. RESOLVED, that General Fund Claims set forth on pages 1 through 10 in the amounts of General Fund– $25,768.22 Parking Fund – $5,582.36  Water Fund – $161.76 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. 2023-143: Resolution of the Board of Trustees of the Village of Nyack, 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, utilizing his “Nyack Rental Vacancy Survey” questionnaire (“survey questionnaire”) and his explanatory cover letter that was sent with the survey questionnaire, completed the aforesaid vacancy survey/study and has submitted same to the Village Board, and has explained his methodology, procedure and process to the Village Board. The Village Administrator’s vacancy survey/study, and his survey questionnaire and cover letter template, are appended hereto and made a part hereof – the vacancy survey/study is marked as “NYACK RENTAL VACANCY SURVEY REPORT,” dated October 5, 2023. WHEREAS, one purported response to the survey questionnaire, from Aruna Bharati of Sampatti Corp. (owner of “Nyack Gardens” at 306-320 High Ave.), was received after the September 30, 2023, extended deadline set by the Mayor, which original deadline had been June 9, 2023 (as per the survey questionnaire); and for that reason of untimeliness, and for the additional reasons that Ms. Bharati’s response lacked nearly all of the required information requested in the survey questionnaire, and was sent to the Village from another person (not Ms. Bharati or other representative of Sampatti Corp.), Ms. Bharati’s deficient response is not included in the vacancy survey/study. Nonetheless, even if Ms. Bharati’s response of “4 units vacant” is included in the vacancy survey/study, the vacancy rate would not increase above 5%. WHEREAS, the Village also received three separate letters from Dennis E. A. Lynch, Esq., an attorney representing an unnamed “Coalition” of property owners of buildings that are part of the vacancy survey/study, dated September 14, October 2 and October 3, 2023, which October 3 letter included an alternative vacancy survey prepared by Mr. Lynch or his clients, all of which correspondence was also considered by the Village Board. 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 Marie Lorenzini, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-144: Resolution Of The Nyack Village Board Of Trustees To Approve Just Compensation for Property Owners From Whom Easements are Needed for the Safe Routes to School Sidewalk Project WHEREAS, the Village of Nyack has undertaken a grant-funded sidewalk project called “Safe Routes to School” that involves widening and improving sidewalks used frequently by students walking to Nyack Middle School, including sections of Depew Avenue, Upper Depew Avenue, Main Street, Summit Street and South Midland Avenue, for the purposes of pedestrian safety and compliance with the Americans with Disabilities Act (ADA), and designs for the project are substantially complete, and impacts on privately owned property have been identified. WHEREAS, sidewalk construction requires easements, both temporary and permanent, on sixteen adjacent parcels of privately owned property in order to accommodate an ADA- compliant sidewalk width, and to permit the construction thereof. WHEREAS, the Village, through its consulting engineer, Greenman-Pedersen Inc. d/b/a GPI, and in compliance with the Village’s grant funding agency, the NYS Department of Transportation, has obtained professional property appraisals for all of the above-mentioned easements, to enable the Village to use grant funds to establish just compensation to the owners of affected privately owned properties. WHEREAS, the total appraised value of these necessary easements is $41,600, and GPI is ready to bring these offers of just compensation to the private property owners and coordinate closings on the required easements. IT IS HEREBY RESOLVED that the Board of Trustees of the Village of Nyack approves sixteen appraisals totaling $41,600, and directs GPI and Village staff to coordinate easement acquisitions in furtherance of this important pedestrian safety project. 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. 2023-145: Authorize Mayor to Sign PILOT Agreement with Rockland Gardens Housing Partners Limited Partnership, Rockland County IDA, Town of Orangetown, and Nyack Union Free School District, regarding 84 North Franklin Street WHEREAS, real property known as Rockland Gardens Apartments located at 84 North Franklin Street, Nyack, and identified as Section 66.29, Block 1 and Lot 23 on the Tax Map of the Town of Orangetown (the “RGA Property”), is the subject of a transaction involving the County of Rockland Industrial Development Agency (“RCIDA”); and WHEREAS, the RGA Property is situated within the Village of Nyack (“Village”), the Town of Orangetown and the Nyack Union Free School District (“Nyack UFSD”); and WHEREAS, the RGA Property is the site of an affordable rental property comprised of eight (8) garden-style buildings that house seventy (70) apartments, of which all but two (2) units are rented to tenants on an income-restricted basis under a federal Section 8 Housing Assistance Program (“HAP”); and WHEREAS, under this Section 8 HAP program, leased units are restricted to tenants earning at or below 60% of area median income; and WHEREAS, RCIDA is prepared to acquire the RGA Property and, in turn, lease these premises to Rockland Gardens Housing Partners Limited Partnership (“RGH”); and WHEREAS, RGH, upon taking a leasehold interest in the RGA Property, will continue to operate the apartments on an affordable, income-restricted basis, and will further undertake significant renovations of the apartments and premises; and WHEREAS, the RCIDA transaction is intended to preserve an existing affordable housing resource within the Village, which supports these efforts; and WHEREAS, once RCIDA takes title to the RGA Property, it will be rendered exempt from real property taxes, including taxes levied by the Village, the Town of Orangetown, and Nyack UFSD; and WHEREAS, an agreement is proposed by and between RCIDA, RGH, the Town of Orangetown, the Village, and Nyack UFSD, providing for the annual payment of monies in lieu of taxes (the “PILOT Agreement”) in furtherance of this transaction; and WHEREAS, under the terms of the PILOT Agreement, which will commence in the 2024 Town assessment year and continue through the 2045 Town assessment year, annual payments will be made to the Village in lieu of taxes; and WHEREAS, these payments shall be computed annually by applying the then prevailing Village tax rate to (a) the current assessment of the RGA Property of $1,510,000 for a period of two (2) years, and (b) thereafter, to an increased amount of $2,320,000 for the duration of the PILOT Agreement’s term; and WHEREAS, the PILOT Agreement will thereby allow for future PILOT payments to equal or exceed the amount of Village taxes currently levied against the RGA Property, and will further allow these future payments to adjust with annual changes in the tax rates employed in future Village tax levies; and WHEREAS, the Village Board of Trustees (“BOT”) has obtained the advice and assistance of its Tax Assessor, Brian Kenney, concerning this PILOT Agreement; and WHEREAS, the Board of Education of Nyack UFSD has approved of this PILOT agreement; and WHEREAS, the BOT has concluded that entry into the PILOT Agreement is in the best interests of the Village; NOW, THEREFORE, BE IT RESOLVED that the BOT approves of the Village entering into the PILOT Agreement; and IT IS FURTHER RESOLVED that the Mayor is hereby authorized to execute this PILOT Agreement in the form provided by RCIDA, and acceptable to the Tax Assessor and the Village Attorney, on the BOT’s behalf. 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. 2023-146: Resolution Of The Nyack Village Board Of Trustees To Approve Installation of a Commemorative Plaque Naming the Gazebo in Memorial Park for Bert and Chris Hughes RESOLVED, in recognition of Bert and Chris Hughes’ extraordinary volunteer efforts to provide music events open to the community in Nyack Memorial Park, and at the request of the Nyack Parks Conservancy, the gazebo will hereafter be named, “The Bert and Chris Hughes Music Pavilion” and the Conservancy is approved to install, at its own cost, a commemorative plaque on the facility, subject to coordination by Village staff. 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. 2023-147: Resolution Of The Nyack Village Board Of Trustees To Approve Star Gazing Meetings on Memorial Park Viewing Pier, Various Nights in October- November. RESOLVED, the Board of Trustees of the Village of Nyack approves after hours Memorial Park gatherings for star gazing led by Joe Carlin, using the Viewing Pier, on one or more nights from October 22 to October 27, contingent on suitable weather conditions. 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. 2023-148: Resolution Of The Nyack Village Board Of Trustees To Approve Award of Main Street Sidewalk Repair Project to Belleville Landscaping  RESOLVED, the Board of Trustees of the Village of Nyack approves the award of a sidewalk repair contract to Belleville Landscaping, the lowest of three cost proposals received, for $15,786, with a contingency of $3,000, for repairs to the sidewalk on Main Street between Hezekiah Easter Square and the Riverspace parking lot. Motion by Pascale Jean-Gilles, seconded by Marie Lorenzini to accept the resolution as presented. The motion was approved by a unanimous vote. Motion by Pascale Jean-Gilles, seconded by Donna Lightfoot-Cooper to set a public hearing on October 26, 2023 at 8pm regarding the ETPA. Motion passed by a unanimous vote. Reports Village Administrator – updated board on sidewalk projects The climate action plan presentation will be on October 26 during a workshop Reviewed a draft calendar for 2024 with the Board Stated that the financial report presentation will be on October 26. Village Attorney - noted his work has produced an increase in court revenues to the village Old Business 11 Fourth Ave Development Request for a Zoning Text Amendment - The Board of Trustees declined to review the 4th Ave zoning petition, due to workflow and priorities. New Business Land Use Technical Committee recommendation to amend Chapter 360 (Zoning) of the code of the Village of Nyack, so as to allow applications, that request simple or basic sign design changes, to be reviewed and approved by the building department only.- The Board asked for a resolution on October 26 to set a public hearing on the recommended amendment to the zoning code for signs Communications – - ETPA policy work: Dennis Lynch, 3 memos re: ETPA on behalf of landlords, 9/14/23, 10/2/23, 10/3/23; Dennis Michaels, Village Attorney, 1 memo on behalf of Village, 10/4/23, Ms. Bharati, one incomplete vacancy survey response. - NYS Office of Cannabis Management, Notice of Adult Use Retail Dispensary Application, 28 Rte 59 - NYS Office of Cannabis Management, Notice of Adult Use Retail Dispensary Application, 37 Rte 59 - NYS Office of Cannabis Management, Notice of Adult Use Retail Dispensary Application, 130 Main St. - NYS Office of Cannabis Management, Notice of Adult Use Retail Dispensary Application, 260 Main St. Trustees Rand and Jean-Gilles both noted that they will need to recuse themselves in the event the board must take action regarding certain properties in the village in which they have a family or business property interest, in as much as they may be properties applying for NYS retail cannabis licenses. Public Comment – Daniel Jean Gilles - asked the Board to expand zoning for cannabis retail to include DMU-2, in addition to the CC and DMU-1 zones. Executive Session Motion by Joseph Rand, seconded by Pascale Jean-Gilles to move to executive session at 9:02pm. The motion was approved by a unanimous vote. Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to move out of executive session at 9:21pm. The motion was approved by a unanimous vote. Adjournment Motion by Joseph Rand, seconded by Marie Lorenzini to adjourn the meeting at 9:22pm. The motion was approved by a unanimous vote.