Village Board of Trustees Meeting

Minutes of the Regular Meeting of the Village of Nyack Board of Trustees held at 7:30 on Thursday, March 14, 2024 Present Joseph Rand Mayor Pascale Jean-Gilles Deputy Mayor Donna Lightfoot-Cooper Trustee Joseph Carlin Trustee Also Present Andrew Stewart Village Administrator Dennis Michaels Village Attorney Jennifer Hetling Village Clerk/Treasurer Absent Nathalie Riobe-Taylor Trustee Meeting called to order at 7:30pm Pledge of Allegiance Mayor and Trustee Reports Pascale Jean-Gilles – She met with a representative of the Fellowship Reconciliation. There will be an event April 3rd at the Senior Center. Joseph Rand – The Penguin Plunge was a very successful event. The Nyack Business Council met today and they are exploring bringing back First Friday. The Nyack Cares Advisory Board met for the first time this week. Presentations Michael Weber, Orangetown Dept of Environmental Management and Engineering, re: Illegal stormwater connections and sewage overflows at the Nyack marina pump station. Adoption of Minutes – minutes for 2/8/24 Motion by Donna Lightfoot-Cooper seconded by Pascale Jean-Gilles to accept the minutes of 2/8/2024. The motion was approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent) Public Comment – Amir El-Amir – Asked how the Village can keep the vacancy study results true and accurate. Also asked if evidence can be submitted to discount the results. Taylor Mandelbaum – Thanked Jennifer Hetling for being responsive to FOIL requests and for her assistance with a property tax issue. Questioned the results from the vacancy study. Nancy Jagelka – She has documentation that 4 of the 8 apartments at Riverview at Nyack Page 1 of 7 that are supposed to be vacant but are not. Asked that a full inspection be done at 197 Sickles Ave. She also stated that renovations at that property have been done without proper permitting. Ruta Sperausica – Believes the vacancy study is not valid. Alex Bursztein – There is a need to verify the vacancy study. If the Village does not have the staff to do it they should get volunteers. Christina Farrell – The vacancy survey needs to be validated. Andres Alves – Request that the Board reconsider the ceasefire resolution. Marah – She went around the Village of Nyack last weekend and surveyed 32 business and only 4 did not support the ceasefire resolution. Asked the Board to reconsider the ceasefire resolution. Rhea Mathews – Urged the Village of Nyack to reconsider the ceasefire resolution. Dustin Hausner – Stated that he is against the ceasefire resolution. The resolution wouldn’t bring unity but instead make a larger divide. Mishal Aminullah – A ceasefire resolution may be unorthodox but the Boards voice represents the whole Village. She encouraged the Board to reconsider the ceasefire resolution. Khader Hammid – A symbolic resolution would show the world that the Village of Nyack cares. Elizabeth Roberts – What is going on is a genocide, not a war. Maryann Hunkin – Supports the ceasefire resolution. The situation in Gaza is dire. Skylar – Asked if the Board would consider a vigil in support of the people of Gaza. John Gromada – There seems to be confusion in the building department about what needs a building permit. Supports the ceasefire resolution. Public Hearings: 8:00 PM A Public Hearing to consider to consider acceptance of the results of the Village’s rental housing vacancy survey conducted as per the NYS Emergency Tenant Protection Act of 1974 (ETPA). (continued from 2-29-24). Mayor Rand explained that the vacancy survey resulted in a vacancy rate of 6.3%. He would like to extend the public hearing to April 25th, 2024 so that the Board can verify the accuracy of the results. Public Hearing will remain open. Resolution No. 2024-39 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 February 29, 2024. RESOLVED, that General Fund Claims set forth on pages 1 through 17 in the amounts of GENERAL $78,515.54 Page 2 of 7  PARKING $6,748.35 WATER $25,871.30 CAPITAL $14,627.30 Motion by Joseph Carlin, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent) Resolution No. 2024-41: Resolution of the Board of Trustees of the Village of Nyack, to Accept a Consulting Proposal from Marcy Denker to Provide Sustainability Coordinator Services WHEREAS, the Board of Trustees has supported multiple initiatives to reduce greenhouse gas emissions (GHG) to help combat climate change that poses a direct risk to Nyack Village residents, private and public assets, as well as the global community, WHEREAS, Marcy Denker’s leadership of diverse volunteer committees culminating in the Village’s Nyack 2030 Climate Action Plan has hitherto been partially sustained through grant funding of her labor, and has resulted in new grants and opportunities for Village services, such as grants to purchase EVs, EV charging ports, LED lights, trees and a recently received grant to conduct a Climate Change Vulnerability Assessment and Adaptation Plan, WHEREAS, the complexity and urgency of sustainability project grant competition, application and administration are beyond the capacity of village staff to adequately support, RESOLVED, the Board of Trustees authorizes the Village Administrator to contract for consulting services with Marcy Denker for the total sum of $12,000 for the period extending through June 30, 2025, subject to the review of such consulting contract as to form and substance by the Village Attorney. Motion by Donna Lightfoot-Cooper, seconded by Joseph Carlin to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent) Resolution No. 2024-40: 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. Page 3 of 7 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 12 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 February 29. 2024. WHEREAS, one property, after several phone calls and email reminders, nonetheless did not return the survey by the deadline, the Nyack Housing Authority, and therefore, as per NYS ETPA law, was recorded as having zero vacant units. WHEREAS, the survey results show a vacancy rate of over 6% for the subject class of buildings, making the Village ineligible for rent regulation under the NYS ETPA, which law requires documentation of a vacancy rate under 5% to qualify for a declaration of a rental housing emergency. Page 4 of 7  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 February 29, 2024, 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 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 , seconded by to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent) – Resolution held open. Resolution No. 2024-42: Resolution of the Board of Trustees of the Village of Nyack, to Waive Certain Building Permit Application Fees for the Property Located at 145 Main Street, Owned by Dominic Pilla RESOLVED, as per Nyack Village Code §120-1(13)(a), which allows the Village Board of Trustees, in its discretion, to waive certain fees for projects that include affordable housing units, and, in recognition that construction delays, beyond the applicant’s control, due to elevator equipment supply chain interruptions and electrical utility construction delays, caused the need for renewal of a Building Permit, the Board of Trustees waives the Village’s $3,597.30 fee for one Building Permit renewal; with all of the Village’s other construction permitting fees remaining due, for the property located at 145 Main Street, owned by Dominick Pilla, or owned by a corporation or limited liability company of which Mr. Pilla is the principal. Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent) Resolution No. 2024-43 Resolution of the Nyack Village Board of Trustees to Approve a Permit Application for an Event in Memorial Park by Berea Church RESOLVED, the Board of Trustees of the Village of Nyack approves an application for the use of the Upper Lawn of Memorial Park by Joanne Thompson of Berea Church on Saturday, July 6, 2024, 8 PM – 11 PM to show a family friendly movie and related activities, and the exclusive use of the basketball court for a tournament on Sunday, July 7, 2024, from 10 AM Page 5 of 7  to 5 PM (no rain dates), and subject to provision of appropriate insurance certificate, and compensation of Village for DPW staffing of park during this period. Motion by Pascale Jean-Gilles, seconded by Joseph Carlin to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent) Resolution No. 2024-44 Resolution of the Nyack Village Board of Trustees to Approve Mayor’s Appointment of Marie Lorenzini to Serve as Nyack Liaison to the Rockland County Municipal Planning Federation RESOLVED, the Board of Trustees of the Village of Nyack approves Mayor’s Appointment of Marie Lorenzini to Serve as Nyack Liaison to the Rockland County Municipal Planning Federation. Motion by Pascale Jean-Gilles, seconded by Donna Lightfoot-Cooper to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent). Department Reports to the Board of Trustees (based on availability) Village Clerk – Budget workshops set for April 4th at 5pm and April 18th at 6pm. The budget public hearing is set for April 11th and the budget vote will be on April 25th. Old Business Amendment of ARB scope to exempt certain small projects from review. Discussion on amending the DMU-2 zone and amendment of the WF zone New Business Bob Galvin memo proposing two changes to code: 1. Land use board member attendance requirement, 2. Land use board review sequence. Motion by Donna Lightfoot-Cooper to Set Public Hearing for 5/9/24 at 8pm in Village Hall, seconded by Pascale Jean-Gilles. The motion was approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent). Work Session agenda for 3/28/24 – zoning code impacting housing development: review of TFR zone and CC zone. Food truck in park permit and policy – permits will be accepted until April 15th and the Board will review all application at the meeting on April 25th. Community Solar initiative in partnership with Joule and Upper Nyack climate committee, Nyack Library and other stakeholders to promote residential and small business subscription to solar power generated off-site via a Community Solar provider agreement. A resolution will be added to the next board agenda. Pheonix Festival in Memorial Park on Sept 14 and 15 as well as Sept 20, 21 and 22 from 1pm to 730pm. The board approved just the dates of September 20-22. – There will be a resolution added to the next board agenda. Page 6 of 7 Communications Allen Kram, Improper trash putouts and recycling concerns Van Cura Penguin Plunge “thank you” email Meals on Wheels event invitation Executive Session Motion by Pascale Jean-Gilles, seconded by Donna Lightfoot-Cooper to move to executive session at 10:17pm. 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 10:46pm. The motion was approved by a unanimous vote. Adjournment Motion by Pascale Jean-Gilles , seconded by Joseph Carlin to adjourn the meeting at 10:46pm. The motion was approved by a unanimous vote. Page 7 of 7