Village Board of Trustees Meeting

Minutes of the Regular Meeting of the Village of Nyack Board of Trustees held at 7:30 on Thursday, April 25, 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 Rosa Martinez Deputy Village Clerk/Treasurer Absent Jennifer Hetling Village Clerk/Treasurer Nathalie Riobe-Taylor Trustee Meeting called to order at 7:30pm Pledge of Allegiance Mayor’s Introduction Adoption of Minutes – 4-11-24 Motion by Joseph Carlin, seconded by Pascale Jean-Gilles to approve the minutes of 4/11/24. Motion passed by a vote of 3-0-1-1. (Trustee Riobe-Taylor absent, Trustee Lightfoot-Cooper abstain) Public Comment - None Public Hearings ETPA… continuation… Public Comments Alex Borgstein – Believes the ETPA public hearing should be kept open. Asked if the vacancy survey would be verified. Taylor Mandelbaum – Supports the Good Cause Eviction program. There is a new group “Nyack Tenants Union” who support Good Cause Eviction and ETPA. The Board will try to opt in to the Good Cause Eviction program as well as a side agreement that would apply to landlords that will give a cap on rent increases. Motion by Donna Lightfoot-Cooper seconded by Pascale Jean-Gilles to continue the ETPA hearing on May 23, 2024 at 8pm in Village Hall. The motion was approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent) Page 1 of 7 Amend chapter 360 (zoning) of the code of the Village of Nyack, so as to define and allow veterinary offices as a permitted use in the DMU-1, DMU-2 and CC zoning districts Motion by Pascale Jean-Gilles, seconded by Donna Lightfoot-Cooper to open the public hearing at 8:20pm. The motion was approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent Carolyn Cairns – Asked if there are any restrictions as to proximity to restaurants and/or residential areas. Trustee Carlin – expressed concerns that the planning board was against this proposal. This public hearing will be continued to the next meeting in order to gather more information on restrictions. Amend chapter 360 (zoning) of the code of the Village of Nyack, so as to exempt lot line changes to abutting real property that do not create a new lot, and lot mergers, from planning board review and approval. Motion by Pascale Jean-Gilles, seconded by Donna Lightfoot-Cooper to open the public hearing. The motion was approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent) Caren Cairns – Stated that a larger lot would allow larger development. The Board responded that they would still have to follow zoning laws. She was also concerned that there wouldn’t be enough public comment sessions available. Motion by Joseph Carlin, seconded by Pascale Jean-Gilles to continue the public hearing to May 23, 2024 at 8pm in the Village Hall. The motion was approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent) Action Items (includes Public Comment for each item) Resolution No. 2024-60 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 April 25, 2024. RESOLVED, that General Fund Claims set forth on pages 1 through 11 in the amounts of GENERAL $201,569.83 PARKING $20,627.13 WATER $58.05 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. 2024-61 of the Nyack Village Board approving the 2024-2025 general Page 2 of 7 fund budget RESOLVED, that the Nyack Village Board hereby approves the 2024-2025 General Fund Budget for the fiscal year June 1, 2024 through May 31, 2025, and the salaries and wages set forth therein are hereby fixed at the amounts shown therein effective June 1, 2023, and be it further RESOLVED, that the tax levy is hereby set at $4,267,218 Homestead - Town of Orangetown $ 9.6517 per 1000 Units Homestead - Town of Clarkstown $ 13.9861 per 1000 Units Non-Homestead - Town of Orangetown $ 14.4622 per 1000 Units Non-Homestead - Town of Clarkstown $ 20.7436 per 1000 Units 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. 2024-62 of the Nyack Village Board to approve the tax rate and base proportions for fiscal year 2024-2025 WHEREAS, the Nyack Village Board has considered and adopted its FY 2023-2024 operating budget. NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE NYACK VILLAGE BOARD AS FOLLOWS: That the Nyack Village Board hereby approves a tax levy of 4,267,218 and the base proportions of: Orangetown Homestead 63.7135 Orangetown Non-Homestead 36.2865 Clarkstown Homestead 82.9033 Clarkstown Non-Homestead 17.0906 for fiscal year 2024-2025. 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. 2024-63 Resolution of the Nyack Village Board of Trustees to Approve a Permit Application for an Event in Memorial Park by Shari Maurer of Everytown for Gun Page 3 of 7 Safety, Friday, June 7, 2024, 7-9 PM RESOLVED, the Board of Trustees of the Village of Nyack approves an application for the use of the Upper Lawn of Memorial Park by Shari Maurer of Everytown for Gun Safety, for a community gathering to commemorate gun violence awareness month, from 7-9 PM, with applicant to provide insurance. Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to accept the resolution as presented. Amir Al-Amir – Asked why the people are always on the fishing pier if Memorial Park is closed. The Board responded that the fishing pier is not closed, that only specific areas are currently closed. The motion was approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent) Resolution No. 2024-64 Resolution of the Nyack Village Board of Trustees to Approve an Agreement with SourcePass for IT Services RESOLVED, the Board of Trustees of the Village of Nyack approves renewal of an IT services agreement with SourcePass for the term of June 1, 2024 through May 31, 2025, for a total cost of $43,044 for the year, services include: support and implementation, strategic technology, and IT security and compliance. 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. 2024-65: Resolution of the Board of Trustees of the Village of Nyack to Create and Establish the Consolidated Positions of Village Clerk-Treasurer, and Deputy Village Clerk-Treasurer. RESOLVED that, pursuant to §3-301(1)(c) & (d), §3-301(2)(b), §3-301(2)(c), §3-301(3), §4-402(i) and/or §4-408(f) of the Village Law of the State of New York, the Board of Trustees of the Village of Nyack hereby consolidates the positions of Village Clerk and Village Treasurer, and, thereby, creates and establishes the positions of Village Clerk- Treasurer, and Deputy Village Clerk-Treasurer. 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. 2024-66 Resolution of the Board of Trustees of the Village of Nyack to Create and Establish a Second Position of Deputy Village Clerk-Treasurer. RESOLVED that, pursuant to §3-301(1)(c) & (d), §3-301(2)(b), §3-301(2)(c), §3-301(3), §4- 402(i) and/or §4-408(f) of the Village Law of the State of New York, the Board of Trustees of the Village of Nyack hereby creates and establishes a second position of Deputy Village Clerk- Treasurer. Page 4 of 7 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. 2024-67 Resolution of the Board of Trustees of the Village of Nyack to Allow Village Clerk-Treasurer, and Deputy Village Clerk-Treasurer(s), to Not be Residents/Electors of Village, so long as they are a Resident/Elector of Rockland, Westchester, Orange, Putnam or Dutchess County, New York. RESOLVED that, notwithstanding the provisions of any New York State (NYS) general law to the contrary, and, in accordance with NYS Village Law §3-300 and NYS Municipal Home Rule Law §10(1)(ii)(a)(1), the persons that hold the office of Village Clerk-Treasurer, and Deputy Village Clerk-Treasurer, need not be a resident, nor an elector, of the Village of Nyack; provided, however, that such persons shall reside in, and be an elector of, the County of Rockland, the County of Westchester, the County of Orange, the County of Putnam, or the County of Dutchess, in the State of New York. 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. 2024-68 Resolution of the Nyack Village Board of Trustees to Appoint Linda Donnelly to the Position of Deputy Village Clerk Treasurer on Terms and Conditions of Employment Approved by the Mayor RESOLVED, that (i) the Mayor of the Village of Nyack (“Village”) hereby appoints Linda Donnelly to the second position of Deputy Village Clerk-Treasurer; and (ii) the Village Board of Trustees hereby approves of said appointment for a term to expire on December 31, 2024 pursuant to the terms and conditions of employment approved by the Mayor. 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. 2024-69 Resolution of the Nyack Village Board of Trustees to Approve Creation of a Part-Time Clerk Title in the Clerk’s Department and Appoint Neybeth Magana to the Position RESOLVED, Nyack Village Board of Trustees approves the creation of a Part-Time Clerk position in the Clerk’s office to maintain workflow during the current staffing shortage and appoints Neybeth Magana to the position. 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. 2024-70 Resolution of the Nyack Village Board of Trustees to Appoint Lindsay Owen to the Nyack Business Council Page 5 of 7 RESOLVED, add Lindsay T. Owen, owner of Maria Luisa Boutique, to the Nyack Business Council and thank Maria Luisa for her many years of service and leadership. 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) Department Reports to the Board of Trustees (based on availability) Village Administrator – Members of the tree committee and volunteers from Subaru planted (25) trees throughout the Village. Subaru also donated $4000 for future tree planting. The new playground equipment is scheduled for delivery in the next week. Paving is happening in the Village. Old Business - Water Front Zone amendment – The Board is reviewing this and the idea of rolling back the amendment to the pre-2017 wording. Carolyn Cairns – Anything that can be done to decrease the scale of buildings is good. Taylor Mandelbaum – Asked if there was a stipulation that could allow maximum usage of allowable space. Legislation will be drafted for this change and added to the agenda for June 13, 2024 - DMU-2 Zone amendment – see memo – legislation will be drafted and added to the agenda for May 23, 2024. New Business - Food truck license applications – see memo – Electrical outlets are being added to the park in order to accommodate food trucks so they don’t have to use generators. The Board will license all food trucks that have applied (5) with only 2 being allowed in the park at a time. The Board would like food trucks in the park on a regular basis. - Park Use Permit – add a security deposit against property damage of $200 for small events (100 people or less) and $500 for large events and an administrative fee of $50 (except for 501©3 organizations) to application requirement. – The board approved this. - Classic Car show – Mark Mangan proposal for RiverSpace Lot, after Farmers Market, Thursday, July 11 (raindate: July 18) – This will be a Village-sponsored event. A resolution will be added to the next agenda for approval. Mayor and Trustee Reports Joseph Rand – This Saturday is independent book store day and the second-hand shop hop. Pascale Jean-Gilles – Sy Restaurant and Lounge has their grand-opening tomorrow at 1pm. Page 6 of 7 Public Comment Carolyn Cairns – Asked what the status was of sidewalk improvements on 6th Ave and Midland Ave. The board stated they would look into it. Taylor Mandelbaum – The State and County may be able to contribute to sidewalk replacement. He is also advocating for a ceasefire resolution. Executive Session Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to move to executive session at 9:48pm. The motion was approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent) Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to move out of executive session at 10:15pm. The motion was approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent) Adjournment Motion by Pascale Jean-Gilles, seconded by Donna Lightfoot-Cooper to adjourn the meeting at 10:15pm. The motion was approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent) Page 7 of 7