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, June 13, 2024 Present: Joseph Rand, Mayor Pascale Jean-Gilles, Trustee Donna Lightfoot-Cooper, Trustee Nathalie Riobe-Taylor, Trustee Joseph Carlin, Trustee Also Present: Andrew Stewart, Village Administrator Dennis Michaels, Village Attorney Linda Donnelly, Deputy Village Clerk/Treasurer Absent: Jennifer Hetling, Village Clerk/Treasurer Meeting called to order at 7:30 pm Pledge of Allegiance Mayor’s Introduction – • Congratulations to NAACP and private organizers for a wonderful African American Day Parade on Saturday and a very successful parade and street fair for Pride Day on Sunday. Both organizations came together to host a block party at Hezekiah Easter Square; • Opening of new business on N. Broadway, Burger Loft PUBLIC HEARINGS 3.1 Amend Chapter 360 (Zoning) of the Code of the Village of Nyack, so as to Require Mandatory Minimum Meeting Attendance by Land Use Board Members (con’t) – 8:04 PM Re-Open Public Hearing on Requiring Mandatory Minimum Meeting Attendance by Land Use Board Members Mayor Rand invited comment. - Trustee Carlin – We are talking about three meetings a year? - Village Attorney Michaels – Can’t miss three meetings in a consecutive 12 month period. Page 1 of 22  Close Public Hearing on Amending Zoning Code to Require Mandatory Minimum Meeting Attendance by Land Use Board Members Motion to close offered by Trustee Riobe-Taylor, seconded by Trustee Jean-Gilles. Motion approved by a vote of 5-0. 3.2 Amend Zoning to Chapter 360 (Zoning) of the Code of the Village of Nyack, so as to Modify the Order that Development Applications, that Require Review by Multiple Decision Making Bodies, are Scheduled for Review (con’t) – 8:08 PM Re-Open Public Hearing Amending Zoning Code to Modify the Order that Development Applications, that Require Review by Multiple Decision Making Bodies, are Scheduled for Review Mayor Rand invited comment. Close Public Hearing Amending Zoning Code to Modify the Order that Development Applications, that Require Review by Multiple Decision Making Bodies, are Scheduled for Review Motion to close offered by Trustee Riobe-Taylor, seconded by Trustee Carlin. Motion approved by a vote of 5-0. 3.3 Amend Zoning to Chapter 360 (Zoning) of the Code of the Village of Nyack, so as to Exempt, from Architectural Review Board Review and Approval, Certain Changes to Exterior Elevations of Single-Family and Two-Family Residences (con’t) – 8:10 PM Re-Open Public Hearing Amending Zoning Code to Exempt Architectural Review Board Review and Approval, Certain Changes to Exterior Elevations of Single-Family and Two- Family Residences Mayor Rand invited comment. Close Public Hearing Amending Zoning Code to Exempt Architectural Review Board Review and Approval, Certain Changes to Exterior Elevations of Single-Family and Two-Family Residences Motion to close offered by Trustee Carlin, seconded by Trustee Jean-Gilles. Motion approved by a vote of 5-0. Page 2 of 22 3.4 Amend Zoning to 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, from Planning Board Review and Approval (con’t) – 8:20 PM Re-Open Public Hearing Amending Zoning Code to Exempt Lot Line Changes to Abutting Real Property, that do not Create a New Lot, from Planning Board Review and Approval Mayor Rand invited comment. Close Public Hearing Amending Zoning Code to Exempt Lot Line Changes to Abutting Real Property, that do not Create a New Lot, from Planning Board Review and Approval Motion to close offered by Trustee Carlin, seconded by Trustee Jean-Gilles. Motion approved by a vote of 5-0. ADOPTION OF MINUTES – 05/23/24 Motion by Trustee Jean-Gilles, seconded by Trustee Carlin and unanimously carried, Trustee Carlin requested the “Old Business – Amendment to DMU-2 Zone” be changed in the 05/23/24 minutes to reflect accurate numbers in setbacks. The minutes of the meeting held on 05/23/24 were unanimously accepted as corrected. ACTION ITEMS RESOLUTION NO. 2024-79 – ACCEPTING AUDITED VOUCHER SUMMARY WHEREAS, the Audited Voucher Summary was presented to the Nyack Village Board of trustees at its regularly scheduled meeting of June 13, 2024. RESOLVED, that General Fund Claims set forth on pages 1 through 11 in the amounts of GENERAL $ 74,877.51 PARKING $ 12,498.50 WATER $ 671.59 CAPITAL $197,872.75 TRUST and AGENCY $ 1,212.87 Motion by Trustee Carlin, seconded by Trustee Jean-Gilles to accept the resolution as presented. The motion was approved by a vote of 5-0. Page 3 of 22 RESOLUTION NO. 2024-80 – APPROVING A CONTRACT WITH WHITSONS NUTRITION LLC TO SUPPLY MEALS FOR THE NYACK SUMMER FOOD PROGRAM RESOLVED, pursuant to an RFP and competitive bidding process, the Village unsealed bids for the summer food program on Tuesday, June 4, 2024 and the lowest and only bid was from Whitsons Nutrition LLC, a company that was recently awarded the food service contract for the Nyack School District, at a proposed cost of $2.95085 per breakfast meal and $5.21805 per lunch meal, for an estimated total cost of $42,569 for the summer, which bid the Board of Trustees accepts and directs the Village Administrator to sign the contract and execute any related plans and procedures needed to successfully implement the contract. Motion by Trustee Riobe-Taylor, seconded by Trustee Jean-Gilles to accept the resolution as presented. The motion was approved by a vote of 5-0. RESOLUTION NO. 2024-81 – APPROVING AN AGREEMENT WITH THE NYACK CENTER TO PROVIDE THE DOWNTOWN AMBASSADORS PROGRAM FOR $15,500 WHEREAS, the Village of Nyack obtained a NYS Office of Family and Children Services grant to fund a Downtown Ambassadors youth employment program to help inform and guide tourists and visitors seeking to park, enjoy cultural events, shop, and dine in the downtown, WHEREAS, the Nyack Center is uniquely capable of managing such a program due to its longstanding experience in training and managing youth workers providing summer camp and other programs for youth, and the Nyack Center’s staff’s knowledge of the Nyack community, RESOLVED, That the Nyack Village Board hereby approves a funding agreement, the attached Schedule A, with the Nyack Center to manage the Downtown Ambassadors program in 2024, for a total not to exceed $15,500, and authorizes the Village Administrator to execute the contract for the program. Motion by Trustee Riobe-Taylor, seconded by Trustee Jean-Gilles to accept the resolution as presented. - Trustee Jean-Gilles – Will these ambassadors assist with addressing mental health issues on the street? Page 4 of 22  - Mayor Rand – No. They are only to be a friendly face, and eyes and ears. If they see something they will say something. No interceding; We would like to thank Assemblymen Ken Zebrowski for securing us the funding for this program. The motion was approved by a vote of 5-0. RESOLUTION NO. 2024-82 – APPROVING A GRANT APPLICATION TO NYS DEPARTMENT OF STATE, VIA THE NYS CONSOLIDATED FUNDING APPLICATION, FOR REPAIRS TO THE NORTH BULKHEAD OF THE VILLAGE MARINA AND THE INLET SHORELINE WHEREAS, with funding from the New York State Department of State, the Village of Nyack updated its Local Waterfront Revitalization Program in 2016-2018 with a focus on: Conducting a reassessment of assets and resources and developing recommendations for resiliency strategies that reduce risks to infrastructure and property from sea level rise and climate change, that enable economic revitalization and that preserve and enhance coastal natural resources; and insuring that the planning and design work currently underway is consistent with the policies and programs for waterfront revitalization in the 21st Century: WHEREAS, the creation of a waterfront walkway, completed in 2023, and development of waterfront amenities to increase access to the Hudson River was designated a priority project in the Updated LWRP which specifically noted the importance of restaurants as “Water Enhanced Uses” in the waterfront district and the Village marina and the importance of redeveloping the former River Club restaurant site as a key amenity along the walkway; and WHEREAS, the Nyack Comprehensive Master Plan, revised in 2016 with funding from NYSERDA, recommended that the priority projects developed for the Updated LWRP be implemented, including the redevelopment of the River Club site, where the River Club restaurant operated for thirty years, WHEREAS, the public has provided input in workshops held throughout the process to update the LWRP and the Comprehensive Plan, and supported and made its support known for the re-development of the River Club site as a key element of the recently completed walkway in the Marina, WHEREAS, the bulkhead supporting the River Club restaurant site at the Marina is failing and the site cannot be redeveloped as a new restaurant without first repairing the bulkhead. WHEREAS, the Village secured funding from the New York State Department of State to complete a portion of the public waterfront walkway in the Village Marina and connecting to the Inlet Bridge, but is in need of financial assistance to repair the bulkhead that is essential to the redevelopment of the River Club restaurant site as well as protecting the walkway, and repair and vegetate the inlet shoreline that will further protect and enhance the waterfront walkway, and the Page 5 of 22 Department of State Environmental Protection Fund, Local Waterfront Revitalization Program provides such financial assistance; and WHEREAS, the Village of Nyack deems it to be in the public interest and benefit to authorize and direct Joe Rand, as Mayor of the Village of Nyack, New York, to file an application for funds to Department of State for EPF funding for implementing the priority project of its updated LWRP entitled Nyack Marina Restaurant Bulkhead Repair Project. NOW, THEREFORE, BE IT RESOLVED BY MEMBERS OF THE NYACK VILLAGE BOARD AS FOLLOWS: 1. Joe Rand, as Mayor, is hereby authorized to file an application for funding through the Consolidated Funding Application process to the Department of State, Office of Planning and Development; 2. The Village of Nyack agrees that it will fund its portion of the cost of the Project and that these funds will be available to initiate the Project's work upon execution of a contract with the Department of State. Motion by Trustee Riobe-Taylor, seconded by Trustee Carlin to accept the resolution as presented. - Trustee Carlin – Suggested making some type of platform for vendors, picnic area, etc., when complete. The motion was approved by a vote of 5-0. RESOLUTION NO. 2024-83 – AMEND CHAPTER 360 (ZONING) OF THE CODE OF THE VILLAGE OF NYACK, SO AS TO REQUIRE MANDATORY MINIMUM MEETING ATTENDANCE BY LAND USE BOARD MEMBERS. At, or soon after, 8:00 PM, during a regular meeting of the Board of Trustees of the Village of Nyack (“Village”), convened on June 13, 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 Page 6 of 22 the Village’s official bulletin board, in accordance with NYS Municipal Home Rule Law §20, with regard to a proposed text amendment to the Zoning Code, which amendment is summarized as follows: the proposed Local Law, if adopted by the Village Board, will amend §360-5.2 of the Zoning Code, so as to require mandatory minimum meeting attendance by Members (including Alternate Members) of the Village’s Planning Board, Zoning Board of Appeals and Architectural Review Board (“land use boards”); which Local Law is appended hereto, made a part hereof and marked as “ATTACHMENT A.” WHEREAS, copies of: (i). the proposed Local Law, (ii). the narrative Memo of Robert (“Bob”) James Galvin, AICP, Village Planner (“Village Planner”), dated 04/04/2024, (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 03/18/2024, (iv). Part 2 of the SEQRA EAF (entitled Impact Assessment), prepared and recommended by the Village Planner, dated 03/18/2024, (v). Part 3 of the SEQRA EAF (entitled Determination of Significance), prepared and recommended by the Village Planner, dated 3/18/2024 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 (or previously opened at, and continued from, a prior meeting), and held, a Public Hearing on the proposed Local Law on June 13, 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 5/20/2024, which report approved the proposed Local Law. 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 5/6/2024 and provided a written recommendation to the Village Board in favor of its adoption. 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 03/20/2024, 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 Page 7 of 22 during the pendency of the 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, there being no other SEQRA Involved Agency, the Village Board hereby declares itself to be, and assumes the role of, SEQRA Lead Agency. WHEREAS, the Village Board, acting in its capacity as the SEQRA Lead Agency, and after reviewing the aforementioned Parts 1, 2 and 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 EAF Parts 1, 2 and 3, and incorporates them 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 04/04/2024, 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 04/04/2024, that this Local Law will improve the land use boards’ application and review process, which is sometimes hampered by land use board Members’ absences at meetings, so as to make the review process more efficacious, less costly for applicants, and enhance the experience of applicants and the land use boards’ Members, and also serve to more effectively utilize limited Village staff and resources. 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 Carlin, seconded by Trustee Jean-Gilles to accept the resolution as presented. Motion approved by a vote of 5-0. RESOLUTION NO. 2024-84 – AMEND CHAPTER 360 (ZONING) OF THE CODE OF THE VILLAGE OF NYACK, SO AS TO MODIFY THE ORDER THAT DEVELOPMENT Page 8 of 22 APPLICATIONS, THAT REQUIRE REVIEW BY MULTIPLE DECISION MAKING BODIES, ARE SCHEDULED FOR REVIEW At, or soon after, 8:00 PM, during a regular meeting of the Board of Trustees of the Village of Nyack (“Village”), convened on June 13, 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 a proposed text amendment to the Zoning Code, which amendment is summarized as follows: the proposed Local Law, if adopted by the Village Board, will amend Zoning Code §360- 5.4(D)(2)(a), so as to modify the order that development applications, that require review by multiple decision making bodies of the Village, are scheduled for review, so that, after administrative review by the Building Inspector, applications will first proceed to the Planning Board; which Local Law is appended hereto, made a part hereof and marked as “ATTACHMENT A.” WHEREAS, copies of: (i). the proposed Local Law, (ii). the narrative Memo of Robert (“Bob”) James Galvin, AICP, Village Planner (“Village Planner”), dated 04/04/2024, (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 03/18/2024, (iv). Part 2 of the SEQRA EAF (entitled Impact Assessment), prepared and recommended by the Village Planner, dated 03/18/2024, (v). Part 3 of the SEQRA EAF (entitled Determination of Significance), prepared and recommended by the Village Planner, dated 3/18/2024. 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 (or previously opened at, and continued from, a prior meeting) and held, a Public Hearing on the proposed Local Law on June 13, 2024. Page 9 of 22  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 May 20, 2024, which report approved the proposed Local Law. 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 May 6, 2024, and provided a written recommendation to the Village Board in favor of its adoption. 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 03/20/2024, 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 during the pendency of the 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, there being no other SEQRA Involved Agency, the Village Board hereby declares itself to be, and assumes the role of, SEQRA Lead Agency. WHEREAS, the Village Board, acting in its capacity as the SEQRA Lead Agency, and after reviewing the aforementioned Parts 1, 2 and 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 EAF Parts 1, 2 and 3, and incorporates them 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 04/04/2024, 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 04/04/2024, that this Local Law will streamline the land use board 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 land use board Members. NOW, THEREFORE, based on all of the documentation and information before the Village Board, and the findings and determinations made herein; Page 10 of 22  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 Carlin, seconded by Trustee Jean-Gilles to accept the resolution as presented. Motion approved by a vote of 5-0. RESOLUTION NO. 2024-85 – AMEND CHAPTER 360 (ZONING) OF THE CODE OF THE VILLAGE OF NYACK, SO AS TO EXEMPT, FROM ARCHITECTURAL REVIEW BOARD REVIEW AND APPROVVAL, CERTAIN CHANGES TO EXTERIOR ELEVATIONS OF SINGLE-FAMILY AND TWO-FAMILY RESIDENCES At, or soon after, 8:00 PM, during a regular meeting of the Board of Trustees of the Village of Nyack (“Village”), convened on June 13, 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 a proposed text amendment to the Zoning Code, which amendment is summarized as follows: The proposed Local Law, if adopted by the Village Board, will amend the Zoning Code so as to exempt applications to the Village’s Building Department from the requirement that the application be reviewed and approved by the Village’s Architectural Review Board (“ARB”), so long as the application requests changes to an exterior elevation (or elevations) of a single-family or a two-family residence, and which changed elevation(s) is/are not facing a public street or road, and so long as the changes (i) total less than 30% of the square footage of the changed elevation(s), not including the roof, and (ii) do not protrude, in whole or in part, more than 24” away from the exterior elevation of the building where the changes are located. The Local Law is appended hereto, made a part hereof and marked as “ATTACHMENT A.” Page 11 of 22  WHEREAS, copies of: (i). the proposed Local Law, (ii). the narrative Memo of Robert (“Bob”) James Galvin, AICP, Village Planner (“Village Planner”), dated 3/20/2024, (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 3/17/2024, (iv). Part 2 of the SEQRA EAF (entitled Impact Assessment), prepared and recommended by the Village Planner, dated 3/17/2024, (v). Part 3 of the SEQRA EAF (entitled Determination of Significance), prepared and recommended by the Village Planner, dated 3/17/2024. 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 (or previously opened at, and continued from, a prior meeting), and held, a Public Hearing on the proposed Local Law on June 13, 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 3/20/2024 which report approved the proposed Local Law. 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 5/6/2024 and provided a written recommendation to the Village Board in favor of its adoption, with minor clarifying edits which were incorporated into the draft law. 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 3/17/2024 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 June 13, 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, there being no other SEQRA Involved Agency, the Village Board hereby declares itself to be, and assumes the role of, SEQRA Lead Agency. WHEREAS, the Village Board, acting in its capacity as the SEQRA Lead Agency, and after reviewing the aforementioned Parts 1, 2 and 3 of the SEQRA EAF, all of which Parts of the Page 12 of 22 EAF were prepared and recommended, on behalf of the Village Board, by the Village Planner; the Village Board hereby adopts the said EAF Parts 1, 2 and 3, and incorporates them 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 3/20/2024, 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 3/20/2024, that this Local Law will streamline the land use board 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. 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 Carlin, seconded by Trustee Jean-Gilles to accept the resolution as presented. Motion approved by a vote of 5-0. RESOLUTION NO. 2024-86 – 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, FROM PLANNING BOARD REVIEW AND APPROVAL At, or soon after, 8:00 PM, during a regular meeting of the Board of Trustees of the Village of Nyack (“Village”), convened on June 13, 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, Page 13 of 22 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 exempt applications to the Village Building Department from the requirement that the application be reviewed and approved by the Village’s Planning Board (“PB”), so long as the application only requests a change to boundaries of abutting real property without creating a new lot (i.e., a “lot line change”), and without requesting approval of (i) a site development plan, (ii) a special use permit, or (iii) other land development that involves erection or construction of a building or structure, or land clearing or grading; which Local Law is appended hereto, made a part hereof and marked as “ATTACHMENT A.” WHEREAS, copies of: (i). the proposed Local Law, (ii). the narrative Memo of Robert (“Bob”) James Galvin, AICP, Village Planner (“Village Planner”), revised June 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, revised June 4, 2024, (iv). Part 2 of the SEQRA EAF (entitled Impact Assessment), prepared and recommended by the Village Planner, revised June 4, 2024. (v). Part 3 of the SEQRA EAF (entitled Determination of Significance), prepared and recommended by the Village Planner, revised June 4, 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, or had previously opened and continued from a prior meeting, and held, a Public Hearing on the proposed Local Law on June 27, 2024. WHEREAS, the Rockland County Planning Department, pursuant to NYS General Municipal Law (“GML”) §239-l, et seq., reviewed a previous version of the proposed Local Law and provided a GML review report to the Village Board, dated April 16, 2024, which report recommended six Modifications to the previous version, none of which recommended Modifications are being overridden by the Village Board, because the current proposed Local Law (ATTACHMENT A) complies with all of the recommended Modifications. Page 14 of 22  WHEREAS, prior to the Public Hearing, the Village Board sought comments, on a previous version of 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 previous version of the Local Law at its meeting held on April 8, 2024, and provided a written recommendation to the Village Board that the previous version of the Local Law be revised so as to remove the previously proposed exemption, from Planning Board Subdivision review and approval, for lot merger/consolidation, which currently proposed Local Law (ATTACHMENT A) reflects said recommendation of the Planning Board. WHEREAS, after notice duly given, and there being no other Involved Agency, by Resolution adopted on June 13, 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, revised June 4, 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 June 27, 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 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 revised June 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 revised June 4, 2024, that this Local Law will streamline the PB’s application and review process, so as to make it more efficacious, less complicated, more user friendly, and less costly for applicants; and serve to more effectively utilize limited Village staff and resources, and improve the experience of applicants and PB Members. The Village Board also finds that modifying lot lines without creating a new lot, which does not request approval of any construction or building, or land grading or clearing, activities as part of the lot line change, are merely modifications on “paper” that do not warrant PB review and approval. Page 15 of 22  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 Carlin, seconded by Trustee Jean-Gilles to accept the resolution as presented. Motion approved by a vote of 5-0. RESOLUTION NO. 2024-87 – APPROVING A CLOSURE OF THE ARTOPEE VILLAGE PARKING LOT FOR “SUMMER OF SOUL” FILM AND SING-ALONG EVENT ON SUNDAY, AUGUST 18, 2024 RESOLVED, the Board of Trustees of the Village of Nyack approves an application from Matthew Seig of Rivertown Film Society, to close the Artopee parking lot for a drive-in film and sing-a-long event featuring the Summer of Soul documentary and, and use of Hezekiah Easter Square for an art exhibit about Nyack urban renewal history, Sunday, August 18, 2024 (rain date: Sunday, August 25), from 6:30 PM to 11:00 PM, contingent on sponsor providing adequate insurance indemnifying the Village, without reimbursement of Village staff cost. Motion by Trustee Riobe-Taylor, seconded by Trustee Jean-Gilles to accept the resolution as presented. - Mayor Rand – Thank you to the organizers for moving from Saturday to Sunday. The motion was approved by a vote of 5-0. RESOLUTION NO. 2024-88 – APPROVING PERMIT APPLICATION FOR AN EVENT IN MEMORIAL PARK BY JIJI VARUGHESE, IGNITE CHURCH, MEMORIAL PARK UPPER LAWN, SUNDAY, AUGUST 18, 2024, 4-6 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 Jiji Varughese, Ignite Church, Sunday, August 18, 2024, 4-6 PM, for community outreach and live Christian worship with amplified sound system, subject to provision of appropriate insurance certificate. Page 16 of 22 Motion by Trustee Jean-Gilles, seconded by Trustee Riobe-Taylor to accept the resolution as presented. - Trustee Lightfoot-Cooper – Would like the applicants to be cognizant of the level of sound since the area is also residential. The motion was approved by a vote of 5-0. RESOLUTION NO. 2024-89 – APPROVING PERMIT APPLICATION FOR THE SUMMER CONCERT SERIES IN MEMORIAL PARK BY THE NYACK PARKS CONSERVANCY, TUESDAYS, JULY 9, 16, 23 AND 30, 3-10 PM RESOLVED, the Board of Trustees of the Village of Nyack approves an application for the use of the Upper Lawn of Memorial Park for the Summer Concert Series by the Nyack Parks Conservancy, Tuesdays, July 9, 16, 23, and 30, 3-10 PM. Motion by Trustee Riobe-Taylor, seconded by Trustee Carlin to accept the resolution as presented. - Trustee Carlin – Wants to be sure they are not playing music until 10:00 pm. The motion was approved by a vote of 5-0. RESOLUTION NO. 2024-90 – APPROVING A PERMIT APPLICATION FOR A SERIES OF FREE LINE DANCING EVENTS ON THE VIEWING PIER IN MEMORIAL PARK, BY KWAME WILLIAMS, SUNDAYS, JUNE 16 AND 23, 5-8 PM RESOLVED, the Board of Trustees of the Village of Nyack approves an application for the use of Memorial Park Viewing Pier for free line dancing events by Kwame Williams, Sundays, June 16 and 23, 5-8 PM, subject to providing sufficient insurance indemnification to the Village. Motion by Trustee Riobe-Taylor, seconded by Trustee Carlin to accept the resolution as presented. - Trustee Carlin – Concerned all these events will interfere with public participation in the park. - Mayor Rand – Change approved time to 6-8 PM The motion was approved by a vote of 5-0. Page 17 of 22 RESOLUTION NO. 2024-91 – APPROVING A PERMIT APPLICATION FOR A SERIES OF GOSPEL MUSIC EVENTS AS HEZEKIAH EASTER SQUARE, ON JUNE 21, JULY 19 AND AUGUST 2, 2024 RESOLVED, the Board of Trustees of the Village of Nyack approves an application by Leo Sanders for the use of Hezekiah Easter Square, on June 21, July 19, August 2, 2024, from 4:30 PM – 6:30 PM, for gospel music events, subject to providing sufficient insurance indemnification to the Village. Motion by Trustee Jean-Gilles, seconded by Trustee Lightfoot-Cooper to accept the resolution as presented. - Mayor Rand – Would like to be sure events do not interfere with foot traffic to the local businesses. Approve the June 21 and July 19 events and see how it goes. The motion was approved by a vote of 5-0. RESOLUTION NO. 2024-92 – APPROVING A PERMIT APPLICATION FOR A MUSIC EVENT DURING CLASSIC CAR NIGHT ON JULY 11, 2024 RESOLVED, the Board of Trustees of the Village of Nyack approves an application by Mark Mangan for the use of Hezekiah Easter Square, on July 11, 2024 (rain date July 18), during Classic Car night, for a musical event featuring students from the Rock Shop. Motion by Trustee Jean-Gilles, seconded by Trustee Lightfoot-Cooper to accept the resolution as presented. The motion was approved by a vote of 5-0. RESOLUTION NO. 2024-93 – APPROVING A PERMIT APPLICATION FOR PLEIN AIR PAINTING EVENT BY HOPPER HOUSE, JULY 14, 2024 RESOLVED, the Board of Trustees of the Village of Nyack approves an application by Kathleen Bennewitz of the Hopper House for the use of Memorial Park for a plein air painting event, Sunday, July 14, 2024 (rain date July 21), subject to providing sufficient insurance indemnification to the Village. Page 18 of 22 Motion by Trustee Riobe-Taylor, seconded by Trustee Lightfoot-Cooper to accept the resolution as presented. The motion was approved by a vote of 5-0. RESOLUTION NO. 2024-94 – ADOPTING THE RETENTION AND DISPOSITION SCHEDULE FOR NEW YORK LOCAL GOVERNMENT RECORDS (LGS-1), ISSUED PURSUANT TO ARTICLE 57-A OF THE ARTS AND CULTURAL AFFAIRS LAW RESOLVED, by the Village Board of Trustees of the Village of Nyack that Retention and Disposition Schedule for New York Local Government Records (LGS-1), issued pursuant to Article 57-A of the NYS Arts and Cultural Affairs Law, and containing legal minimum retention periods for local government records, is hereby adopted for use by all officers in legally disposing of valueless records listed therein. FURTHER RESOLVED, that in accordance with Article 57-A: (a) only those records will be disposed of that are described in Retention and Disposition Schedule for New York Local Government Records (LGS-1), after they have met the minimum retention periods described therein; (b) only those records will be disposed of that do not have sufficient administrative, fiscal, legal, or historical value to merit retention beyond established legal minimum periods. Motion by Trustee Riobe-Taylor, seconded by Trustee Carlin to accept the resolution as presented. The motion was approved by a vote of 5-0. RESOLUTION NO. 2024-96 – APPROVING A NYSDOT EQUITABLE BUSINESS OPPORTUNITIES (EBO) SYSTEM USER AGREEMENT WHEREAS, federally funded infrastructure projects require project sponsors to comply with procurement administrative processes to comply with civil rights requirements pertaining to federally funded projects, WHEREAS, the Village of Nyack is in contract for the federally funded Safe Routes to School sidewalk project and the federally funded Broadway TAP project, and may have other federally funded projects in the future, Page 19 of 22  RESOLVED, the Board of Trustees of the Village of Nyack approves a System User Agreement necessary, Schedule A, attached, for accessing the Equitable Business Opportunities (EBO) System maintained and operated by NYSDOT, with Village Administrator Andrew Stewart as the authorized Responsible Local Official. NYSDOT EQUITABLE BUSINESS OPPORTUNITIES (EBO) SYSTEM USER AGREEMENT This System User Agreement forms an integral part of each application to the New York State Department of Transportation (NYSDOT) for obtaining log-in/password access to the Equitable Business Opportunities (EBO) System maintained and operated by NYSDOT. By signing and submitting such an application, you agree to be bound by the terms of this System User Agreement. This System User Agreement governs the terms and conditions upon which your municipality, and your municipality’s authorized users (referred to collectively as “User”) will be allowed to access and use NYSDOT’s EBO System. NYSDOT authorizes the User, and the User agrees, to access and use the EBO System solely for official business purposes associated with the User’s participation in construction, consultant engineering and professional services contracts awarded by NYSDOT or other Federal Aid sub-recipients. Such purposes include the administration of civil rights requirements associated with Federal Aid projects. NYSDOT requires, and the User agrees, that in accessing and using the EBO System, the User will comply with NYSDOT’s Information Security policies, procedures, and directives, to the full extent required by NYSDOT’s Information Security Officer, NYSDOT’s Office of Information Services (OIS), and NYSDOT’s EBO System Administrator. Such policies and requirements include the following: 1) The User’s Primary Log-in ID Holder shall be personally responsible for usage of NYSDOT’s EBO System by any and all of the User’s other authorized users, including compliance with this System User Agreement and NYSDOT Information Security requirements, and shall exercise oversight over usage of the EBO System by such other authorized users. 2) The User will access and use the EBO System solely for the official business purposes indicated above. The User will not use access to the EBO System to access or use any other portion of NYSDOT’s information technology (IT) Systems. 3) The User will maintain the confidentiality and security of the User’s EBO System log- in ID and password, will provide such password only to authorized users within the User’s business organization, and will not disclose such password to any persons other than authorized users who are officers or employees of the User. Page 20 of 22  4) The User’s Primary Log-in Holder shall promptly deactivate the system access of any former employee, or other formerly authorized user, whom the User no longer authorizes to have access to the EBO System. 5) The User shall maintain the confidentiality and security of the Social Security Numbers (SSNs) of the User’s employees, and any other confidential information obtained or submitted to NYSDOT in connection with use of the EBO System. Motion by Trustee Jean-Gilles, seconded by Trustee Riobe-Taylor to accept the resolution as presented. The motion was approved by a vote of 5-0. DEPARTMENT REPORTS (based on availability) Orangetown Police Department – Village is grateful they are here tonight for support; Potential for constable/code enforcement office for quality of life issues. Very supportive and wants to ensure guidelines are followed; Village, as always, very grateful to the PD for their support. Village Administrator – Pro-Housing certification is complete – Village should score high. Get a resolution on the table for record purposes; Broadway sidewalk project complete; Completed portions of the park are being enjoyed by the children. DPW did an amazing job on the irrigation system. Trying different types of deterrents to keep geese off the lawn areas; Need to make decisions about entertainment add-ons for July 4th. Village Clerk – None Trustee Lightfoot-Cooper – Just attended Housing Authority Meeting. Do they owe us a budget for one year or two? Administrator – Annual Village Board approves personnel budget. Haven’t received 2024 as of yet. Mayor – Requested executive session to discuss. OLD BUSINESS - Amendment of DMU-2 Zone to Create Enhanced Setbacks for New Construction Work in progress for draft legislation - Amendment of Waterfront Zone to Reduce Scale of New Development Work in progress for draft legislation Page 21 of 22 NEW BUSINESS - Good Cause Eviction Code State did pass good cause eviction which puts limitations on rent increases. Opt-in for areas outside of NYC – Village will be opting in. - Vacancy Survey In conjunction with February vacancy survey closing, Village will institute a new vacancy survey. COMMUNICATIONS - Oktoberfest Event Application, Travis Koester - Motorcycle Event Application, The Bridge O Mayor Rand – Are there open violations? ▪ Administrator Stewart – All violations have been resolved. O Trustee Carlin – Concerned about stressing the downtown area. When is this taking place? What are the hours? Any response from businesses? O Trustee Jean-Giles – Concerned about noise complaints? ▪ Mayor Rand – Require detailed information from applicant addressing all concerns. PUBLIC COMMENT Lauren Sachs – Believes ceasefire resolution is a local issue. Would like Board to reconsider their position. EXECUTIVE SESSION Motion by Trustee Jean-Gilles, seconded by Trustee Lightfoot-Cooper to enter into executive session. Motion by Trustee Jean-Gilles, seconded by Trustee Lightfoot-Cooper to end executive session at 9:24 pm. The motion was approved by a vote of 5-0. ADJOURNMENT Motion by Trustee Jean-Gilles, seconded by Trustee Lightfoot-Cooper to adjourn the meeting at 9:25 pm. The motion was approved by a vote of 5-0. Page 22 of 22