Village Board of Trustees Meeting

Minutes of the Regular Meeting of the Village of Nyack Board of Trustees held at 7:30 on Thursday, February 29, 2024 Present Joseph Rand Mayor Pascale Jean-Gilles Deputy Mayor Donna Lightfoot-Cooper Trustee Joseph Carlin Trustee Nathalie Riobe-Taylor Trustee Also Present Andrew Stewart Village Administrator Dennis Michaels Village Attorney Jennifer Hetling Village Clerk/Treasurer Meeting called to order at 7:30pm Pledge of Allegiance Adoption of Minutes – Motion by minutes for 1-25-24 Presentation – Jeffery XXX – Ambassador for Nyack Cares Public Comment – John Gromada – Understands that the increase in development is not the issue with the sewage overflow but why add more toilets when we already have issues. Daniel Jean-Gilles – Cautioned the Board about building moratoriums. Also requested that the DMU-2 zone be treated the same as the DMU-1 zone. Jackie Drexler – There is a lack of mental health services and housing for the panhandlers/homeless population. Susan Smith, Marin, Rhea Matthews, Moe Ali, Taylor Mandelbaum, MaryAnne Hunkins, Amir Al-Amir, Andres Alves, Lisa Auchman, Sophia Auchman, Skylar Hamrick, Fanny, Emily Feiner, Jackie Drexler, Santi Davis – A resolution was presented and they asked for the Board to pass it calling for a permanent ceasefire in Israel and Gaza. Stewart DeGroat – In regards to resolution 2024-30, the sacred fire is important to the group and he believes with proper fire suppressant actions, it can be controlled and enjoyed. Ari Rosenblum – What is happening in Gaza and Israel is terrible but it is not the place for the Village to address this issue but it is the issue of the federal government. David Ross – Hamas violated the ceasefire and has been terrorizing its own people. There should be a discussion about removing Hamas. Amy Sammett – Believes the Village should not take sides. Page 1 of 8 Public Hearings: 8:00 PM A Public Hearing to consider to consider the Village’s adoption of a resolution Declaring a Housing Emergency and Opting In to the NYS Emergency Tenant Protection Act of 1974 (ETPA). Motion by Pascale Jean-Gilles, seconded by Donna Lightfoot-Cooper to open the public hearing at 9:03. Motion passed by a unanimous vote. Mayor Rand explained the vacancy study and the process the Village has been through. He stated that the current vacancy study results show that they cannot declare a housing emergency. However, they are going to verify the accuracy of the study over the next couple of weeks. Amir Al-Amir – Asked how accurate the results of the study are. Alex Borgstein – Agrees that the Board should verify the vacancy study. Alex Vursta – Houses built before 1974 need the most work so he is not in favor of the ETPA. Michael McKey – Happy that the Board is delaying the resolution and believes the study is not accurate. Taylor Mandelbaum – Supports ETPA but believes the survey is not accurate. MaryAnne Hunkins – Supports ETPA and asked what the Board could do to potect tenant rights outside of the ETPA. Nancy Jagelka – Happy that the board is going to verify the validity of the survey. Asked why her FOIL has not been answered as of yet. Tim Collins – There is a rent emergency and he is happy that the Board is reviewing the survey The survey is a snapshot in time so don’t be afraid to go back and do it again. Motion by Pascale Jean-Gilles, seconded by Joe Carlin to hold the public hearing open until March 14th at 8pm in the Village Hall. Motion passed by a unanimous vote. 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. (Continued) Carolyn Cairns – Asked if adding backlighting or lighting to a sign would be consider a small change. Motion by Pascale Jean-Gilles, seconded by Donna Lightfoot-Cooper to close the public hearing at 9:03pm. Motion passed by a unanimous vote. 1. Action Items (includes Public Comment for each item) Resolution No. 2024-27 Resolution of the Nyack Village Board accepting audited voucher summary Page 2 of 8 WHEREAS, the Audited Voucher Summary was presented to the Nyack Village Board of trustees at its regularly scheduled meeting of February 29, 2024. RESOLVED, that General Fund Claims set forth on pages 1 through 17 in the amounts of GENERAL $340,909.59 PARKING $31,689.00 WATER $60,083.54 CAPITAL $160,905.09 TRUST AND AGENCY $1,212.07 Motion by Pascale Jean-Gilles, seconded by Joseph Carlin to approve the resolution as presented. Motion passed by a unanimous vote. Resolution No. 2024-28 Resolution of the Nyack Village Board to Adopt Local Law No. 1 of 2024, 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 Be it enacted by the Board of Trustees of the Village of Nyack as follows: Section 1 - Legislative Authority, Purpose and Intent: This Local Law is adopted pursuant to New York State (“NYS”) Municipal Home Rule Law (“MHRL”) §10; and in accordance with the procedures prescribed in MHRL §20, and NYS Village Law §7-706 and §21-2100. The purpose and intent of this Local Law is to exempt exterior and window Sign Permit applications, which applications request simple or basic design changes to existing signs, from the requirement that the application be reviewed and approved by the Village of Nyack’s (“Village”) Architectural Review Board (“ARB”); and which Sign Permit applications shall still be required to be submitted to the Village Building Department, but shall only be administratively reviewed by a Village Building Inspector. This Local Law is adopted by the Village Board of Trustees after having heard from the Village’s Land Use Technical Committee, the Village’s Chief Building Inspector and the Village Planner, as part of their initiative to streamline the ARB’s 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 ARB Members. Section 2 – A new sub-paragraph “3”, of paragraph “B” (Applicability), of §360-5.13 (Sign permit), of Chapter 360 (Zoning), of the Code of the Village of Nyack, is inserted to read as follows: (3) A Sign Permit application, which requests simple or basic design changes to a legally existing sign, shall not be required to be reviewed and approved by the ARB, but shall be required to be submitted to the Village Building Page 3 of 8  Department, and shall only be administratively reviewed by a Village Building Inspector. A simple or basic design change shall only include a proposed new sign that (i) is the same size, shape and dimension of, and in the same location as, the legally existing sign, and/or (ii) only proposes a change to the name of the business as stated on the legally existing sign. Regardless of the foregoing, a Village Building Inspector, in his or her sole discretion, may determine that a Sign Permit application must be reviewed and approved by the ARB, which discretion shall be on the basis that the proposed change(s) to the design are not simple or basic, due to the changes not being in keeping with the purpose considerations set forth in §360-5.13(A). Section 3 – Severability If any part or provision of this Local Law, or the application thereof to any person or circumstance, is adjudged invalid or unconstitutional by a court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law, or the application thereof to other persons or circumstances. The Village Board of Trustees hereby declares that it would have enacted the remainder of this Local Law even without any such invalid or unconstitutional part, provision or application. Section 4 – Effective Date. This Local Law shall take effect thirty days after a copy has been filed with the NYS Secretary of State in the manner prescribed by NYS Municipal Home Rule Law §27. Motion by Joseph Carlin seconded by Pascale Jean-Gilles to approve the resolution as presented. Motion passed by a unanimous vote. Resolution No. 2024-29 Resolution of the Nyack Village Board Approving a Street Closure for Saturday, June 1, 2024 for the African American Day Parade RESOLVED, the Board of Trustees of the Village of Nyack approves an application from Louise Parker to close Piermont Rd from Hudson Ave to Depew Ave, for the African American Day Parade activities in Memorial Park, with the parade route beginning on Artopee Way and continuing onto S. Franklin St, Main St, South Broadway to Depew, including reservation of parking spaces on Depew Ave between Piermont Rd and the park gate, with a raindate of Saturday, June 8, 2024. Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to approve the resolution as presented. Motion passed by a unanimous vote. Resolution No. 2024-30 Resolution of the Nyack Village Board Replacing Resolution No. 2024-16 Resolution of the Nyack Village Board of Trustees to Approve a Permit Application for an Event in Memorial Park by Andy Minniefield on Saturday, June 29, Page 4 of 8 2024 RESOLVED, the Board of Trustees of the Village of Nyack approves an application for the use of the Upper Lawn of Memorial Park by Andy Minniefield for the purpose of the “One River that Flows Both Ways Gathering,” on Saturday, June 29, 2024, from 9 AM until dusk, raindate Sunday, June 30, 2024, including the closure of Piermont Rd from Hudson Ave to Depew Ave, including reservation of parking spaces on Depew Ave between Piermont Rd and the park gate, including overnight parking in the Marina parking lot for up to four RVs on Friday night preceding the event (or Saturday if raindate is used), including an open fire, to be located so as to avoid damage to grass and subject to Fire Inspector review and approval, and subject to provision of appropriate insurance certificate, and compensation of Village for DPW and parking staff time needed for the street closure. Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to approve the resolution as presented. Motion passed by a unanimous vote. Resolution No. 2024-31 - Resolution of the Nyack Village Board of Trustees to Amend the Village’s Standard Schedule of Fees with Regard to Emergency Snow Removal from Sidewalks WHEREAS, the Village Board of Trustees adopted a Local Law to establish a Standard Schedule of Fees for Village operations, and may update this Schedule from time to time by Resolution; and WHEREAS, Village Code Chapter 299 Streets and Sidewalks, section 10299-10 (D) authorizes the Village Board to establish via resolution a collection fee for the administration of DPW cleanup of sidewalks and assess this fee and the costs of cleanup, to be levied against the property; and RESOLVED, the Village’s Standard Schedule of Fees is hereby amended to include a $50 administrative fee for emergency snow removal incidents, in addition to costs of DPW labor and equipment and any fines that the Justic Court may determine. Motion by a, Nathalie Riobe-Taylor seconded by Pascale Jean-Gilles to approve the resolution as presented. Motion passed by a unanimous vote. Resolution No. 2024-32 Village of Nyack Board of Trustees Resolution Authorizing a Permit for Use of the Nyack Senior Center for a Meeting of the Nyack Community Garden RESOLVED, the Board of Trustees of the Village of Nyack approves an application by John Dunnigan, for use of the Nyack Senior Center on Thursday, March 21, 2024, by the Nyack Community Garden, 2 PM to 9 Pm for the annual membership meeting. Motion by Pascale Jean-Gilles, seconded by Nathalie Riobe-Taylor to approve the resolution as presented. Motion passed by a unanimous vote. Page 5 of 8 Resolution No. 2024-33 Village of Nyack Board of Trustees Resolution Authorizing a Permit for Use of the Nyack Senior Center for a Meeting of the Rockland County Pride Center RESOLVED, the Board of Trustees of the Village of Nyack approves an application by Brooke Malloy for use of the Nyack Senior Center on Saturday, March 16, 2024, 8 AM – 2 PM, by the Rockland County Pride Center for a community event. Motion by Pascale Jean-Gilles, seconded by Donna Lightfoot-Cooper to approve the resolution as presented. Motion passed by a unanimous vote. Resolution No. 2024-34 Village of Nyack Board of Trustees Resolution Authorizing a Permit for the Gran Fondo Bike Race to Pass Through Village Streets, Sunday, May 19, 2024. RESOLVED, the Board of Trustees of the Village of Nyack approves an application by Lidia Flhme, Founder and Race Organizer of the Gran Fondo New York, for a bike race route through Nyack, using Piermont Rd, to Gedney St, to Fourth Ave, to North Broadway, on Sunday, May 19, 2024, subject to provision of appropriate insurance certificate and event approval from the Orangetown Police Department. Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to approve the resolution as presented. Motion passed by a unanimous vote. Resolution No. 2024-35 Village of Nyack Board of Trustees Resolution Calling Upon the Governor to Increase Aid and Incentives for Municipalities (AIM) Funding WHEREAS, the Aid and Incentives for Municipalities (AIM) program plays a critical role in funding essential municipal services for cities and villages across New York State; and WHEREAS, city and village officials share the same priorities as our state leaders which is to make New York safer and more affordable; and WHEREAS, New York’s local governments, who are on the frontlines of controlling property tax affordability and ensuring public safety, are integral to achieving those goals; and WHEREAS, the State has not increased AIM funding in 15 years and according to the Bureau of Labor Statistics, inflation has increased by nearly 45% during that same period; and WHEREAS, this neglect from the State has led to rising municipal tax burdens and harmful disinvestment in essential municipal services and staff; and WHEREAS, the property tax cap further limits the ability of local governments to properly fund the services their residents need; and WHEREAS, the challenges of rising inflation, the increasing costs of labor and supplies, and the end of extraordinary federal aid, only accentuate the need for an increase in AIM funding; and Page 6 of 8  WHEREAS, the Governor’s 2024-25 Executive Budget proposes to keep AIM funding flat; and WHEREAS, an increase in AIM funding would reduce the local tax burden and help revitalize communities across New York; Now, therefore, be it resolved that the Board of Trustees of the Village of Nyack urges Governor Hochul to work with the leaders of the Senate and Assembly and increase AIM funding in the 2024-25 adopted State Budget. A copy of this resolution shall be sent to Governor Kathy Hochul, Senate Majority Leader Andrea Stewart-Cousins, Assembly Speaker Carl Heastie, Senator Bill Weber, Assemblymember Ken Zebrowski, Jr., and the New York State Conference of Mayors. Motion by Pascale Jean-Gilles, seconded by Nathalie Riobe-Taylor to approve the resolution as presented. Motion passed by a unanimous vote. Resolution No. 2024-36 Village of Nyack Board of Trustees Resolution to issue a Request for Proposals for the Village Summer Camp program RESOLVED, the Board of Trustees approves the distribution of an RFP for administration of the Nyack Summer Camp program. Motion by Nathalie Riobe-Taylor seconded by Pascale Jean-Gilles to approve the resolution as presented. Motion passed by a unanimous vote. Resolution No. 2024-37 Village of Nyack Board of Trustees Resolution Appointing Minerva Parker to the Parks Commission. RESOLVED, the Board of Trustees approves the Mayor’s appointment of Minerva Parker to the Parks Commission. Motion by Pascale Jean-Gilles, seconded by Donna Lightfoot-Cooper to approve the resolution as presented. Motion passed by a unanimous vote. Resolution No. 2024-38 Village of Nyack Board of Trustees Resolution Appointing Marie Lorenzini to the Parks Commission RESOLVED, the Board of Trustees approves the Mayor’s appointment of Marie Lorenzini to the Parks Commission Motion by Pascale Jean-Gilles, seconded by Donna Lightfoot-Cooper to approve the resolution as presented. Motion passed by a unanimous vote. Department Reports to the Board of Trustees (based on availability) 7.2 Village Administrator – Page 7 of 8  Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to hold a public hearing on April 25th at 8pm for the topics of veterinary offices in the DMU-1, DMU-2 and CC zones as well as one to exempt lot line changes to abutting real property that do not create a new lot and lot mergers from planning board review. Memorial Park stakeholder meeting update – Electrical outlets will be installed for food trucks. A grant was submitted to Lowe’s to install a shade structure by the splashpad. A paving plan was submitted to the Board for review. Village Clerk – The financials were provided to the Board and the Village Clerk-Treasurer and is available to comments and questions. Old Business Work Session on Policy Issues 2/29/24 New Business Sustainability Coordinator appointment – Marcy Denker will be given an agreement to cover the next 15 months for the fee of $12,000. She applies for and is awarded many grants for the Village of Nyack for sustainability projects. A resolution will be added to the next agenda. Public Comment Dominick Pilla – Asked about his request for a waiver on the fee extension and requested that his certificate of occupancy (CO) be issued. The Mayor asked that the Chief Building Inspector issue the CO and he will revisit the issue of fee waiver at the next meeting. Adjournment – Motion by Nathalie Riobe Taylor, seconded by Donna Lightfoot-Cooper to adjourn the meeting in the name of Nancy Phillips at 10:43pm. Motion passed by a unanimous vote. Page 8 of 8