Village Board of Trustees Meeting

Minutes of the Regular Meeting of the Village of Nyack Board of Trustees Held at Village Hall at 7:30 pm on Thursday, May 23, 2024 Present: Joseph Rand, Mayor Pascale Jean-Gilles, Trustee Donna Lightfoot-Cooper, Trustee Joseph Carlin, Trustee Also Present: Andrew Stewart, Village Administrator Dennis Michaels, Village Attorney Rosa Martinez, Deputy Village Clerk/Treasurer Linda Donnelly, Deputy Village Clerk/Treasurer Absent: Nathalie Riobe-Taylor, Trustee Jennifer Hetling, Village Clerk/Treasurer Meeting called to order at 7:37 pm Pledge of Allegiance Mayor’s Introduction – • Monday, 11:00 a.m., Memorial Day Parade will begin in downtown and end with a ceremony in Memorial Park • Friday, May 31st, 11:00 a.m., grand re-opening of Memorial Park playground • Saturday, June 1st, 12:00 p.m., African-American Day Parade • Sunday, June 2nd o 11:30 am., Hopper House Jazz Brunch at Pretty Penny on N. Broadway o 2:00 p.m., Arts Rock Event at River Hook Preserve in Upper Nyack • Sunday, June 9th o 8:00 a.m., Firefighter’s Memorial Procession o 11:00 a.m., Rockland Pride Day – Parade kicks off at 11:30 a.m. • Thursday, July 4th, Fireworks in Memorial Park (off shore) PUBLIC HEARINGS 3.1 Amend Zoning to Allow Veterinarian Office in Downtown (con’t) Re-Open Public Hearing on Amending Zoning to Allow Veterinarian Office in Downtown Motion to re-open offered by Trustee Lightfoot-Cooper, seconded by Trustee Jean-Gilles Page 1 of 8  Mayor Rand invited public comment. - Jacqui Drechsler – Questioned reasoning behind “no overnight boarding”. - Chris Gaylord, Veterinarian – Not looking for overnight borders. Not realistic for most small practices. Close Public Hearing on Amending Zoning to Allow Veterinarian Office in Downtown Motion to close offered by Trustee Lightfoot-Cooper, seconded by Trustee Jean-Gilles Motion to adopt offered by Trustee Jean-Gilles, seconded by Trustee Carlin. Motion approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent) 3.2 Amend Zoning to Exempt Certain Lot Line Adjustments from Planning Board Review (con’t) Open Public Hearing on Amending Zoning to Exempt Certain Lot Line Adjustments from Planning Board Review Motion to open offered by Trustee Jean-Gilles, seconded by Trustee Carlin Mayor Rand invited public comment. - Samuel Hart, Planning Board Member – Thinks maintaining public input is beneficial and desirable. Doesn’t think change will be in the best interest of the Village. o Village Board – Lot line shift is approved, lot merger off the table; legislation next week; FAR ratio changes at a future date in single family, multi-family zones. Resolution to adopt lot line shift. Public hearing will continue June 27, 2024, 8:00 p.m., Village Hall ADOPTION OF MINUTES – 4-25-24 and 5-9-24 Motion by Trustee Lightfoot-Cooper, seconded by Trustee Carlin and unanimously carried, the minutes of the meeting held on 4/25/24 and 5/9/24 were accepted. ACTION ITEMS RESOLUTION NO. 2024-77 – 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 May 23, 2024. RESOLVED, that General Fund Claims set forth on pages 1 through 11 in the amounts of GENERAL $61,172.29 PARKING $4,182.08 WATER $2,864.25 CAPITAL $28,188.25 Motion by Trustee Carlin, seconded by Trustee Lightfoot-Cooper to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent) RESOLUTION NO. 2024-78 – AMENDING CHAPTER 360 (ZONING) OF THE CODE OF THE VILLAGE OF NYACK, SO AS TO ALLOW VETERINARY OFFICES AS A PERMITTED USE, WITH USE-SPECIFIC STANDARDS, IN THE DMU-1, DMU-2 AND CC ZONING DISTRICTS At 8:00 PM, during a regular meeting of the Board of Trustees of the Village of Nyack (“Village”), convened on May 23, 2024, the below-described Public Hearing was opened, or was opened at, and continued from, a prior meeting; and the following Resolution was duly offered and seconded, to wit: WHEREAS, the Village Board of Trustees (“Village Board”) is the duly elected legislative body of the Village, and authorized to adopt Local Laws amending the Village Code, including amendments to the zoning regulations embodied in Chapter 360 (Zoning) of the Village Code (“Zoning Code”). WHEREAS, the Village Board has published a Notice of Public Hearing in the Journal News, digitally posted said Notice on the Village’s website, and physically posted the Notice on the Village’s official bulletin board, in accordance with NYS Municipal Home Rule Law §20, with regard to proposed text amendments to the Zoning Code, which amendments are summarized as follows: The proposed Local Law, if adopted by the Village Board, will amend the Zoning Code so as to define, and allow, veterinary offices as a Permitted Use, with Use-specific standards, in the Downtown Mixed Use-1 (“DMU-1”), Downtown Mixed Use-2 (“DMU-2”) and Corridor Commercial (“CC”) Zoning Districts; which Local Law is appended hereto, made a part hereof and marked as “ATTACHMENT A”. WHEREAS, copies of: (i) the proposed Local Law, Page 3 of 8  (ii) the narrative Memo of Robert (“Bob”) James Galvin, AICP, Village Planner (“Village Planner”), dated May 4, 2024, (iii) the State Environmental Quality Review Act (“SEQRA”) Part 1 (entitled Project Information) of the Short Environmental Assessment Form (“EAF”), prepared by the Village Planner, dated May 9, 2024, (iv) Part 2 of the SEQRA EAF (entitled Impact Assessment), prepared and recommended by the Village Planner, dated May 9, 2024, (v) Part 3 of the SEQRA EAF (entitled Determination of Significance), prepared and recommended by the Village Planner, dated May 23, 2024; were all provided to the Village Board, in accordance with NYS Municipal Home Rule Law §20. WHEREAS, following compliance with all public notice requirements as mandated by the applicable NYS statute(s) and the Village Code, and distribution of the proposed Local Law to the Village Board as per NYS Municipal Home Rule Law §20(4), the Village Board opened, and held, a Public Hearing on the proposed Local Law on May 23, 2024. WHEREAS, the Rockland County Planning Department, pursuant to NYS General Municipal Law (“GML”) §239-l, et seq., reviewed the proposed Local Law and provided a GML review report to the Village Board, dated April 24, 2024, which report stated that the “proposed action is deemed to have no significant county-wide or inter-community impact under New York State General Municipal Law Section 239 and, therefore, it is a local decision”. WHEREAS, prior to the Public Hearing, the Village Board sought comments on the proposed Local Law from the Village Planning Board, as per Village Code §360-5.6(B)(3)(a); and the Planning Board reviewed the Local Law at its meeting held on April 8, 2024, and provided a written recommendation to the Village Board against the adoption, citing noise, quality of life and sanitation concerns, resulting in amendment of the draft law to address these concerns. WHEREAS, after notice duly given, and there being no other Involved Agency, by Resolution adopted on May 23, 2024, the Village Board declared itself to be, and assumed the role of, SEQRA Lead Agency. WHEREAS, the Village Board, after reviewing the Waterfront Assessment Form for Local Waterfront Revitalization Plan (LWRP) Consistency Review, prepared and recommended by the Village Planner, dated May 1, 2024, and after considering all of the discussion and analysis by the Village Board with respect to the documents referenced and considered by the Village Board at its May 23, 2024, Public Hearing, the Village Board finds and determines that the proposed Local Law is consistent with the LWRP and the Village’s Comprehensive Master Plan. WHEREAS, the Village Board, acting in its capacity as the SEQRA Lead Agency, and after reviewing the aforementioned Part 1, Part 2 and Part 3 of the SEQRA EAF, all of which Parts of the EAF were prepared and recommended, on behalf of the Village Board, by the Village Planner; the Village Board hereby adopts the said Part 1, Part 2 and Part 3, and incorporates them Page 4 of 8 by reference as if fully set forth herein. THEREFORE, BE IT RESOLVED, that the Village Board, after conducting a “hard look” review of all environmental factors, including, but not limited to, all three of the aforesaid Parts of the EAF, and the Village Planner’s narrative Memo dated May 4, 2024, hereby determines that there will be no potential significant adverse environmental impacts resulting from the Village Board’s adoption of the proposed Local Law, and makes a Determination of Non-Significance under SEQRA, thereby determining and issuing a SEQRA Negative Declaration. BE IT FURTHER RESOLVED that the Village Board finds, after reviewing the proposed Local Law and the Village Planner’s narrative Memo dated May 4, 2024, that this Local Law will enhance the economic viability, and livability, of the Village’s businesses, commercial uses and residences in the DMU-1, DMU-2 and CC Zoning Districts, and surrounding neighborhoods. NOW, THEREFORE, based on all of the documentation and information before the Village Board, and the findings and determinations made herein; BE IT RESOLVED that the Village Board hereby adopts the Local Law in the form and substance as appended hereto as “ATTACHMENT A”, and as same may have been amended “by- hand” during the Public Hearing. Motion by Trustee Jean-Gilles, seconded by Trustee Carlin to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent) DEPARTMENT REPORTS (based on availability) Orangetown Police Department – Conversation with Chief Butterworth about creating two Village Constable positions to supplement the police in the village. Mayor Rand would like to thank Chief Butterworth and the Orangetown Police Dept. for working with the village to get this accomplished. Village Administrator – Thank you to Keep Rockland Beautiful for organizing and the volunteers for our local cleanup; Memorial Park playground should be finished and ready for ribbon cutting by early next week. The lawn will still be closed while grass grows. Nearing completion on the project; Sidewalk at KeyBank had been replaced. Sidewalk project is nearing completion; Consolidated funding application deadline coming up in July. Propose the Board try again for money for the bulkhead wall repair at the river club restaurant site; DRI coming in September. Need to convene committee to review previous application and resubmit; Sustainability group is pursuing public energy efficiency and solar energy campaigns. The more people signing up the more grants the village becomes eligible for. Page 5 of 8  - Trustee Lightfoot-Cooper – Tallman Tower area very dark. o Andy Stewart, Administrator – Will look into. Village Clerk – None OLD BUSINESS - Nyack Cares/Ambassadors Program/Code Enforcement o Trying to improve quality of life in downtown. Three parts – ▪ Part One – Nyack Cares Fund to raise money to help prevent panhandling by supporting the treatment of the conditions leading to the need for panhandling, • Trustee Jean-Gilles – Has any of the Opioid Settlement been received from NYS? This money is for use for these types of projects. • Trustee Lightfoot-Cooper – What’s the role of the volunteers? Fundraising, website, marketing, etc. • Jeff – How are they going to directly work with the people on the street? Find out the root of the problem and address. Offer the help for encouragement. • Jacqui Drechsler – Is this organization partnering with local mental health organizations? Look into oversight on County for opioid monies. ▪ Part Two – Constable position being added to the village. Person responsible for eyes and ears on the street. Walk the beat. ▪ Part Three – Hire summer high school early college students to walk around the village with maps, palm cards, meter instructions. Helpful to residents and visitors with information. - Amendment of DMU-2 Zone to Create Enhanced Setbacks for New Construction o Eliminated requirement to have ground floor retail and widened setback. Four elements – move ground floor setback to 15 ft., add a setback at 32 ft., add a minimum frontage of 75 ft., and allow cannabis dispensaries in DMU-2 and commercial corridor. - Amendment of Waterfront Zone to Reduce Scale of New Development o Will not apply to existing developments. New developments only. Roll back maximum height to 45 ft., width to 60%, and maximum FAR to 0.9 (Board could go above at their discretion). - Memorial Park Tree Planting Plan o Moving forward. Eight trees planted in park to-date. Thank you to Marcy Decker and the Tree Committee for helping with the plan. Page 6 of 8 NEW BUSINESS - Parking Authority Meeting – Went over budget. Parking authority did well this past year. Approved raising hourly rate and adding additional employee for weekends and evenings. - Local Child Care Business Operator on Corner of Third Avenue and Broadway – Wants to have a dedicated section of roadway for pickup and drop-off. Half hour in morning and evening for safety purposes. COMMUNICATIONS • Matt Seig, Rivertown Film Society, Closure of the Artopee Village Parking Lot for “Summer of Soul” Film and Sing-a-Long Event on Saturday, August 17, 2024. No budget for DPW costs. – They would like to move event to Sunday, August 18, 29024 Village Board will approve at the next meeting • Morgana Brennan, Modern Druid, Closure of South Broadway for “Spirit of Nyack South Broadway” event, Saturday, October 25, 2024, Early Evening Village Board agreed to enter into a cost share • Jiji Varughese, Ignite Church, Memorial Park Upper Lawn, Sunday, August 18, 2024, 4-6 PM, for community outreach and live Christian worship with amplified sound system. Village Board will approve by resolution at next mtg • Kwame Williams, proposing free salsa dance classes in Memorial Park, Sundays, 4-8 PM by Viewing Pier. Village Board requested a list of dates for three events, 2 hours each – Two in Memorial Park and one in Hezekiah Easter Square • Vincent Naclerio, Jr., Primo Landscape Design, re: Leaf Blower ban. Village Board will take a partial ban into consideration with new business discussion for a future meeting PUBLIC COMMENT Leo Sanders/Rod Smith – Would like to host an inspirational/gospel music event in Hezekiah Easter Square two Fridays a month from 4:00 p.m. – 6:00 p.m. Will be using battery powered speakers. • Village Board – Propose three Fridays, not consecutive, and Board will review. Sound must be kept to a minimum. Rod Smith – Nyack Housing Authority are not maintaining their trees. Continually encroaching on his property and has damaged his fence on more than one occasion. • Trustee Lightfoot-Cooper – Give us your information and I will mediate on your behalf. Rhea Matthews – Place ceasefire resolution on agenda immediately. Page 7 of 8 Herm Meyer – Pass ceasefire resolution. Marc Pessin – We should all be concerned about people being killed. Make an ethical decision to support ceasefire. Jacqui Drechsler – Discrimination and fear resurfacing. Village Board needs to show humanitarianism and sign resolution. Beth Riso – Village Board cannot consider taking away the leaf blower ban. Henry Rand – Village Board cannot consider taking away leaf blower ban. Joe Salerno – Has the vacancy study been resolved? • Village Board – Lawsuit inhibited ability to do follow-up. Village remains committed to getting the ETPA enacted within Nyack. Getting landlords to put in voluntary restrictions on raising rent. Matthew Johnson – Ceasefire is beneficial for both sides. Village should consider signing ceasefire resolution. EXECUTIVE SESSION ADJOURNMENT Motion by Trustee Lightfoot-Cooper, seconded by Trustee Jean-Gilles to adjourn the meeting at 9:42 pm. The motion was approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent) Page 8 of 8