Village Board of Trustees Meeting

Village of Nyack 9 North Broadway, Nyack, NY 10960 Village Board of Trustees Meeting January 11, 2024 7:30 pm YouTube meeting livestream access link (public comment is in-person only): https://www.youtube.com/channel/UCJIPWjS1Be7gq4S7KiIh7Ag 1. Pledge of Allegiance 2. Mayor and Trustee Reports 3. Presentations 3.1. River Day Science Project Report 3.2. Nyack 2030 Climate Action Plan https://www.nyack-ny.gov/departments/Sustainability 4. Public Comment on Any Topic (3 minute max) 5. Public Hearings 5.1. A Public Hearing to consider the Village's Adoption of a Local Law Amending the Zoning Code (Chapter 360) of the Village Code so as to Allow Applications, that Request Simple or Basic Sign Design Changes, to be Reviewed and Approved by the Building Department Only. 5.2. A Public Hearing to consider adopting a Resolution, summarized herein as rescinding the November 9, 2023, declaration of the existence of a public housing emergency requiring the regulation of residential rents for housing accommodations. In other words, the Village is considering “opting out” of the Emergency Tenant Protection Act of Nineteen Seventy-Four, embodied in §8623(a), of Chapter 5, of Title 23, of the Unconsolidated Laws of the State of New York (“ETPA”), completing a new vacancy survey using an updated method, and then re-considering opting into the ETPA based on the results of said survey. 6. Adoption of Minutes – minutes for 12-14-23 and 12-21-23 7. Action Items (includes Public Comment for each item) 7.1 Resolution No. 2024-1 Resolution of the Nyack Village Board accepting audited voucher summary 1 WHEREAS, the Audited Voucher Summary was presented to the Nyack Village Board of trustees at its regularly scheduled meeting of January 11, 2024. RESOLVED, that General Fund Claims set forth on pages 1 through 19 in the amounts of General Fund– $223,256.25 Parking Fund – $36,911.67 Water Fund – $22,867.91 Capital Fund - $62,093.62 Trust & Agency Fund - $1,212.07 7.2 Resolution No. 2024-2 Resolution of the Nyack Village Board of Trustees to approve Fourth Annual Black LGBTQ+ Pride Block Party w/Nyack NAACP, to be Held on Thursday, June 13th (rain date Friday, June 14), 6-9 PM, at Hezekiah Easter Memorial Veterans Square Gazebo and Adjacent Parking Lot. RESOLVED that the Nyack Village Board of Trustees approves the Pride Center application for use of the Hezekiah Easter Memorial Veterans Park gazebo, and adjacent parking lot, on Thursday, June 13, 2024 (rain date Friday, June 14), 6-9 PM, for the Fourth Annual Black LGBTQ+ Pride Block Party w/Nyack NAACP, contingent on submission to the Village of acceptable insurance. 7.3 Resolution No. 2024-3 Village of Nyack Board of Trustees Resolution Declaring an End to the Public Emergency Regulating Residential Rents in Certain Housing Accommodations / Opting Out of NYS Emergency Tenant Protection Act (ETPA) WHEREAS, §8623(b), of Chapter 5 entitled “Emergency Tenant Protection Act of Nineteen Seventy-Four”, of Title 23, of the Unconsolidated Laws of the State of New York (“ETPA”), empowers a village to declare, at an end, the public emergency requiring the regulation of residential rents for all, or any class (or classes) of, housing accommodations that are not exempt from the ETPA as per ETPA §8625 (“local housing emergency”), under circumstances where the vacancy rate, described in ETPA §8625(a), exceeds five percent (5%). WHEREAS, as per ETPA §8623(a), the existence of a local housing emergency shall be a matter for local determination made by the local legislative body of the village on the basis of the supply of housing accommodations within the village, the condition of such accommodations and the need for regulating and controlling residential rents within the village; which declaration of a local housing emergency may be made as to any class of housing accommodations if the vacancy rate for such class of housing accommodations, within such village, is not in excess of 5%. WHEREAS, at the request of the Village of Nyack Board of Trustees (“Board”), the Village Administrator of the Village of Nyack (“Village”), in Spring and Summer of 2023, conducted a vacancy survey/study of rental housing accommodations in buildings, within the Village, constructed, or substantially rehabilitated as residential units, prior to January 1, 1974, and which contained at least twenty-five (25) dwelling units or apartments (“vacancy survey/study” and “subject class of housing accommodations,” respectively), which vacancy study/survey was accepted 2 by the Board at its meeting of October 12, 2023, in its Resolution #143, and which vacancy survey/study found a rental vacancy rate of 4.5% for the subject class of housing accommodations, which was less than 5%. WHEREAS, based upon the vacancy survey/study, on November 9, 2023, the Board, in its Resolution #2023-163, declared that a local housing emergency existed for the subject class of housing accommodations, as contemplated by ETPA §8623(a), and “opted in” to the ETPA. WHEREAS, subsequent to the completion of the vacancy survey/study, and subsequent to the Board’s adoption of its Resolution #2023-163 (declaring a local housing emergency and opting in to the ETPA), it came to the attention of the Village Administrator and the Board, for the first time, . that the vacancy survey/study was inaccurate, specifically in the accuracy of the survey/study pertaining to complexes with multiple buildings, placing in doubt the Village’s determination, on November 9, 2023, that a rental housing vacancy rate of less than 5% exists for the class of buildings built before 1974 and having 25 or more dwelling units, and, for the subject class of housing accommodations, the vacancy rate, established in ETPA §8623(a) as a basis for declaring a local housing emergency, may have been in excess of 5%. WHEREAS, the State of New York, on December 8, 2023, amended the ETPA to further empower municipalities to conduct more accurate vacancy surveys/studies, by bolstering municipalities’ ability to obtain more precise data on actual occupancy through collection of rent rolls, and other rental information, in addition to more vigorous data gathering means and methods, including the imposition of a monetary penalty for landlords that violate the ETPA’s survey/study mandates. WHEREAS, the Village would like to repeat its vacancy survey/study, using the more robust means and methods provided in the very recently amended ETPA law. NOW, THEREFORE, BE IT RESOLVED by the Board, that, pursuant to ETPA §8623(b), the Board declares, at an end, the local housing emergency, and “opts out” of the ETPA, for the subject class of housing accommodations; and this Resolution shall take effect immediately. 7.4 Resolution No. 2024-4 Village of Nyack Board of Trustees Resolution Directing Village to Conduct a Rental Vacancy Survey Pursuant to the NYS Emergency Tenant Protection Act (ETPA) 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 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. 3 WHEREAS, over the past year (at least), 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 has considered that the Village Administrator conduct a vacancy survey or study of rental housing accommodations in buildings constructed, or substantially rehabilitated as residential units, prior to January 1, 1974, and which contain at least ____ dwelling units or apartments (“subject vacancy survey/study”). WHEREAS, the State of New York, on December 8, 2023, amended the ETPA to further empower municipalities to conduct more accurate vacancy surveys or studies, by bolstering municipalities’ ability to obtain more precise data on actual occupancy through collection of rent rolls, and other rental information, in addition to more vigorous data gathering means and methods, including the imposition of a monetary penalty for landlords that violate the ETPA’s survey/study mandates. NOW, THEREFORE, BE IT RESOLVED that the Village Board hereby directs the Village Administrator to conduct the subject vacancy survey/study, and to report back to the Village Board whether or not the vacancy rate, for the aforesaid class of rental housing accommodations, is not in excess of five percent. 7.5 Resolution No. 2024-5 Village of Nyack Board of Trustees Resolution Calling on Village Residents, Businesses and Organizations to Adopt the DAC Initiative to Assist Individuals with Special Needs and Their Families WHEREAS, the "Disability Advisory Council" Initiative is about promoting awareness and acceptance of all people, and advocating for the inclusion of all neurodiverse individuals and anyone with special needs; and WHEREAS, we know and believe our state and communities are stronger when they are diverse and inclusive of everyone; and 4 WHEREAS, according to the Center for Disease Control (CDC) over 61 million people, or one in four American adults, have a type of disability or special need; and WHEREAS, for some people with special needs, their disability marginalizes them, preventing them from fully accessing resources, recreational opportunities and full community integration; and WHEREAS, it is important to educate and provide guidance to those with special needs and their families and advocates on how to access publicly supported services available to them in their community; and WHEREAS, it is important to encourage and educate the community and businesses on ways they can make facilities and services more accessible and on how to train staff to welcome and support special needs customers and co-workers; and WHEREAS, the goal of this initiative is to provide a supportive and inclusive environment for individuals of all abilities by supporting community events that expand family friendly opportunities for people with special needs and their families; and WHEREAS, adopting the DAC Initiative is an important statement that our Village officials, business owners and residents can make to show their support for the differently-abled children and adults with special needs, and their families. NOW, THEREFORE, BE IT RESOLVED, that the Village of Nyack adopts and urges residents and business owners to adopt the DAC Initiative so that all are better prepared to communicate with, provide for, and support the neurodiverse and anyone with special needs. 7.6 Resolution No. 2024-6 Village of Nyack Board of Trustees Resolution Approving the Existing Procurement Policy WHEREAS, the Nyack Village Board adopts certain operating policies on an annual basis, and NOW, THEREFORE, BE IT RESOLVED, that the Village of Nyack hereby approves the attached policy. 7.7 Resolution No. 2024-7 Village of Nyack Board of Trustees Resolution Approving 2024 Fireworks Contract RESOLVED, that the Nyack Village Board of Trustees approves a contract for fireworks on July 4, 2024, with Fireworks Extravaganza, for a total of $18,750, including option of launch from a barge, to be donated by North River Shipping, contingent on review of contract by Village Attorney as to form and substance. 5 7.8 Resolution No. 2024-8 Village of Nyack Board of Trustees Resolution Approving Mayor’s Appointment of Don Hammond to the Board of the Nyack Housing Authority WHEREAS, the Mayor hereby appoints Don Hammond as a member of the Board of the Nyack Housing Authority to fill a vacancy created by the resignation of Angela Vasser-Cooper (appointed on August 25, 2022), for a term of five years as per Section 4. Membership of the Bylaws of the Village of Nyack Housing Authority, to expire in January of 2029, and thanks Ms, Vasser-Cooper for her service. RESOLVED, that the Mayor’s appointment of Don Hammond as a member of the Board of the Nyack Housing Authority is hereby approved. 7.9 Resolution No. 2024-9 Village of Nyack Board of Trustees Resolution Approving Mayor’s Appointment of Sam Hart as a Full Member of the Planning Board RESOLVED, that the Mayor’s appointment Sam Hart as a full member of the Village of Nyack Planning Board, where he has served until now as an alternate member, for a term of five years, to expire at 2029 Reorganization Meeting, is hereby approved, and the Board thanks Miguel Ortiz-Crane for his service. 7.10 Resolution No. 2024-10 Village of Nyack Board of Trustees Resolution Approving Mayor’s Appointment of Catherine H. Friesen as an Alternate Member of the Planning Board RESOLVED, that the Mayor’s appointment Catherine H. Friesenas an alternate member of the Village of Nyack Planning Board, where she has served previously (2006-2009), in addition to having served on the Zoning Board (2010-2017), for a term of two years, to expire at 2026 Reorganization Meeting, is hereby approved. 7.11 Resolution No. 2024-11 Village of Nyack Board of Trustees Resolution Authorizing The Issuance Of Bonds In A Principal Amount Not To Exceed $350,000 To Finance The Acquisition Of A New Swap Loader, Stating The Estimated Maximum Cost Thereof Is $350,000 And Appropriating Said Amount For Such Purpose THE BOARD OF TRUSTEES OF THE VILLAGE OF NYACK, IN THE COUNTY OF ROCKLAND, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Board of Trustees) AS FOLLOWS: Section 1. The Village of Nyack, in the County of Rockland, New York (herein called the “Village”), is hereby authorized to issue bonds in a principal amount not to exceed $350,000 pursuant to the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”), to finance the acquisition of a new swap loader, at the estimated maximum cost of $350,000. Section 2. The estimated maximum cost of the project described herein, including preliminary costs and costs incidental thereto and the financing thereof, is $350,000 and said amount 6 is hereby appropriated for such purpose. The plan of financing includes the issuance of bonds in a principal amount not to exceed $350,000 to finance said appropriation, and the levy and collection of taxes upon all the taxable real property in the Village to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 28 of the Law, is fifteen (15) years. (b) The proceeds of the bonds herein authorized, and any bond anticipation notes issued in anticipation of said bonds, may be applied to reimburse the Village for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation of said bonds, shall be general obligations of the Village, payable as to both principal and interest by general tax upon all the taxable real property within the Village. The faith and credit of the Village are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds, and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Village by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 of the Law relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Board of Trustees relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the execution of agreements for credit enhancements, are hereby delegated to the Village Treasurer, the chief fiscal officer of the Village. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Village is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, 7 and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subject to a permissive referendum and the Village Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to publish or cause to be published, in full, in the official newspaper of the Village, having a general circulation within said Village, and posted in at least six (6) public places and in each polling place in the Village, a Notice in substantially the form appearing in Exhibit A hereto. Section 8. The Village Clerk is hereby authorized and directed, after said bond resolution shall take effect, to cause said bond resolution to be published, in summary, in the official newspaper of the Village, having a general circulation within said Village, together with a Notice in substantially the form as provided by Section 81.00 of the Law. 7.12 Resolution No. 2024-12 Village of Nyack Board of Trustees Resolution Approving An Agreement with Joule Assets Inc to Perform a Feasibility Study on Municipal Solar and Storage Opportunities at Municipal Facilities WHEREAS, it is the goal of the Village of Nyack Board of Trustees to adopt policies and undertake projects that reduce consumption of fossil fuels and greenhouse gas emissions, develop renewable energy, and that support New York State’s Clean Energy Goals and Climate Leadership and Community Protection Act including without limitation opportunities to develop solar energy, energy storage and to support the [the Municipality’s] low to moderate income population (“Municipal Solar and Storage Opportunities”); WHEREAS, New York State can support Municipal Solar and Storage Opportunities, including through grants from the New York State Energy Research and Development Authority (“NYSERDA”), tax credits and other incentives to the Municipality and its constituents; WHEREAS, the United States government can support Municipal Solar and Storage Opportunities through incentives to develop renewable energy projects and to support its LMI populations including through direct pay incentives made available through the Inflation Reduction Act; WHEREAS, the Municipality and Joule Assets Inc. have entered into an Energy Service Agreement dated November 2, 2022 for the supply of community aggregated electricity to Village residents and small businesses; WHEREAS, the Village of Nyack Board of Trustees and Joule each desire that Joule investigate and provide a report to the Municipality on the Municipal Solar and Storage Opportunities without charge or other obligation to the Municipality, to include the feasibility of rooftop solar at the DPW and the Water Treatment Plant, among other opportunities; NOW, THEREFORE, BE IT RESOLVED, that the Village of Nyack Board of Trustees hereby authorizes Joule investigate and prepare a report on the Municipal Solar and Storage Opportunities for presentation to the Village of Nyack Board of Trustees without charge or obligation to the Municipality. 8 8. Department Reports to the Board of Trustees (based on availability) 7.1 Orangetown Police Department 7.2 Village Attorney 7.3 Village Administrator – ARPA Funded parks project update https://www.nyack- ny.gov/departments/MemorialPark 7.4 Village Clerk 9. Old Business 10. New Business 10.1 Revised ETPA rental vacancy survey method, to include buildings with 12 or more units. 10.2 DPW Truck purchase memo 11. Communications 11.1 Minniefield, Memorial Park Usage Request, Native American Pow-Wow Gathering, June 29, 10 AM - dusk 12. Public Comment 13. Executive Session 14. Adjournment 9