Village Board of Trustees Meeting

Village of Nyack Village Hall, 9 North Broadway, Nyack, NY 10960 Meeting of the Village Board of Trustees July 11, 2024 7:30 pm YouTube meeting livestream access link (public comment is in-person only): https://www.youtube.com/channel/UCJIPWjS1Be7gq4S7KiIh7Ag 1. Pledge of Allegiance 2. Mayor’s Introduction 3. Public Hearings 8:00 PM Hearing concerning a proposed Local Law, which, if adopted by the Village Board, will (as briefly summarized) amend §79-3 of chapter 79 (residency requirements) of the Code of the Village of Nyack, so as to expand the localities of residency for the Village Treasurer and Deputy Village Treasurer; and to repeal the village Board of Trustees’s resolution that combined the positions of Village Clerk and Village Treasurer. 8:05 PM Hearing concerning a proposed Local Law, which, if adopted by the Village Board, will (as briefly summarized) amend §79-2 of chapter 79 (residency requirements) of the Code of the Village of Nyack, so as to expand the localities of residency for the Village Clerk and Deputy Village Clerk; and to repeal the village Board of Trustees’s resolutions that combined the positions of Village Clerk and Village Treasurer. 4. Adoption of Minutes – minutes from 06/27/2024 5. Presentations – 5.1 Marcy Denker, Community Vulnerability Assessment project 5.2 Thomas Schneck, Nyack Tourism Grants 6. Action Items (includes Public Comment for each item, 1-3 minutes depending on the quantity of speakers) THE DRAFT RESOLUTIONS SET FORTH BELOW ARE FOR CONSIDERATION BY THE VILLAGE BOARD OF TRUSTEES (“BOARD”), WHICH RESOLUTIONS MAY BE APPROVED, OR MAY NOT BE APPROVED, OR MAY BE APPROVED WITH MODIFICATION(S), OR MAY 1 BE TABLED WITHOUT ANY ACTION BEING TAKEN BY THE BOARD – THEIR INCLUSION IN THIS AGENDA IS NOT, IN ANY WAY, DETERMINATIVE OF A DECISION, IF ANY, TO BE MADE BY THE BOARD. 6.1 Resolution No. 2024-103 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 July 11, 2024. RESOLVED, that General Fund Claims set forth on pages 1 through 11 in the amounts of GENERAL $340,472.22 PARKING $14,620.96 WATER $8,014.78 CAPITAL $47,025.83 TRUST AND AGENCY $1,212.07 6.2 - Resolution No. 2024-104: Resolution of the Village Board of Trustees to Reject All Bids for Improvements to Water Distribution Phase B, and to Re-Bid/Re-Advertise the Contract. WHEREAS, the Board of Trustees of the Village of Nyack (“Village Board”), as per Article 5-a (Public Contracts) of NYS General Municipal Law, previously authorized the advertisement and solicitation of sealed bids for a public works project referred to as “Improvements to Water Distribution Phase B.” WHEREAS, all sealed bids received by the Village Board were opened on May 24, 2024 (a total of five sealed bids were received). WHEREAS, the Village Board deems that its rejection of all bids, and its readvertisement for new bids in a second round of solicitation for sealed bids, shall serve the public interest, for the following reasons (which are not, necessarily, exhaustive): (i). The Village Board expects that a new, second, round of bidding shall likely obtain lower contract prices, which shall benefit all inhabitants of the Village by assuring the prudent, and economical, use of public moneys, and facilitate the construction and installation of public infrastructure of maximum quality at the lowest possible cost; and (ii). The Village Board deems it necessary to make changes in the contract specifications, and/or specific bid requirements, that were inadvertently omitted in its first solicitation of bids, and which are of essential importance, and which shall be included in the bid specifications/requirements in the new, second, round of bidding. 2 NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD AS FOLLOWS: The Village Board hereby directs the Village Administrator to reject all bids, and to readvertise for new bids in a second round of solicitation for sealed bids, which new bids shall be due by August 7, 2024, at 2:00 PM, to the Village Clerk, 9 N. Broadway, Nyack, NY 10960. 6.3 Resolution No. 2024-105 Resolution Of The Nyack Village Board Of Trustees To Amend §79-3 Of Chapter 79 (Residency Requirements) of the Code of the Village of Nyack, so as to Expand the Localities of Residency for the Village Treasurer and Deputy Village Treasurer; and to Repeal the Village Board of Trustees’s Resolution That Combined the Positions of Village Clerk and Village Treasurer. At, or soon after, 8:00 PM, during a regular meeting of the Board of Trustees of the Village of Nyack (“Village”), convened on July 11, 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 regulations embodied in §79-3 of Chapter 79 (Residency Requirements) 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 Village Code, which amendment is summarized as follows: the proposed Local Law, if adopted by the Village Board, will (as briefly summarized) amend §79-3 of chapter 79 (residency requirements) of the Code of the Village of Nyack, so as to expand the localities of residency for the Village Treasurer and Deputy Village Treasurer; and to repeal the village Board of Trustees’s resolution that combined the positions of Village Clerk and Village Treasurer, which Local Law is appended hereto, made a part hereof and marked as “ATTACHMENT A.” WHEREAS, copies of: the proposed Local Law were 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 July 11, 2024. WHEREAS, the Nyack Village Board of Trustees finds that this Local Law will improve the 3 functioning and efficiency of the Village Clerk’s office. 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; 6.4 Resolution No. 2024-106 Resolution Of The Nyack Village Board Of Trustees To Amend §79-2 Of Chapter 79 (Residency Requirements) of the Code of the Village of Nyack, so as to Expand the Localities of Residency for the Village Clerk and Deputy Village Clerk; and to Repeal the Village Board of Trustees’s Resolution That Combined the Positions of Village Clerk and Village Treasurer. At, or soon after, 8:05 PM, during a regular meeting of the Board of Trustees of the Village of Nyack (“Village”), convened on July 11, 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 regulations embodied in §79-2 of Chapter 79 (Residency Requirements) 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 Village Code, which amendment is summarized as follows: the proposed Local Law, if adopted by the Village Board, will (as briefly summarized) amend §79-2 of chapter 79 (residency requirements) of the Code of the Village of Nyack, so as to expand the localities of residency for the Village Clerk and Deputy Village Clerk; and to repeal the village Board of Trustees’s resolution that combined the positions of Village Clerk and Village Treasurer, which Local Law is appended hereto, made a part hereof and marked as “ATTACHMENT A.” WHEREAS, copies of: the proposed Local Law were 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 July 11, 2024. WHEREAS, the Nyack Village Board of Trustees finds that this Local Law will improve the functioning and efficiency of the Village Clerk’s office. 4 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. 6.5 Resolution No. 2024-107 Resolution of the Nyack Village Board Of Trustees to Appoint Jenn Hetling to Position of Village Treasurer RESOLVED, the Nyack Village Board of Trustees approves the Mayor’s appointment of Jennifer Hetling to the position of Village Treasurer. 6.6 Resolution No. 2024-108 Resolution of the Nyack Village Board Of Trustees to Appoint Linda Donnelly to Position of Village Clerk RESOLVED, the Nyack Village Board of Trustees approves the Mayor’s appointment of Linda Donnelly to the position of Village Clerk. 6.7 Resolution No. 2024-109 Resolution of the Nyack Village Board of Trustees to Approve a Permit Application for an Event in Memorial Park by Quisha Joacin for Yoga Meetings on July 12 and August 9. RESOLVED, the Board of Trustees of the Village of Nyack approves an application for the use of the Upper Lawn of Memorial Park by Quisha Joacin for the purpose of yoga instruction on the “One River that Flows Both Ways Gathering,” on Friday, July 12, 2024 and Friday, August 9, 2024, subject to provision of appropriate insurance certificate. 6.8 Resolution No. 2024-110 Resolution of the Nyack Village Board of Trustees to Approve Appointment of Tim Mills to the Architectural Review Board to Complete the Unexpired Term of German Lanzetta RESOLVED, the Board of Trustees of the Village of Nyack approves appointment of Tim Mills to the Architectural Review Board to fulfill the unexpired term of German Lanzetta, expiring December 31, 2025. 6.9 Resolution No. 2024-111 Resolution of the Nyack Village Board of Trustees Approving a Street Closure for October 25, 2024, for South Broadway Halloween Night Market RESOLVED, the Board of Trustees of the Village of Nyack approves an application from Morgana Brennan of Modern Druid to close South Broadway from Hudson Ave to Murray’s Deli driveway, for a Halloween “Spirit of Nyack South Broadway” event, Friday, October 18, 2024, from 5 PM to 9:30 PM, and contributes $500 to the cost of DPW labor, contingent on event sponsor providing a valid certificate of liability insurance naming the Village of Nyack. 5  6.10 Resolution No. 2024-112 Resolution of the Nyack Village Board of Trustees Approving Grants Under the Nyack Hotel Tax Tourism Grant Program WHEREAS, The Board of Trustees, in recognition of the importance of tourism to local economic development, recently adopted a local law providing for a Hotel Bed Tax in order to fund tourism promotion projects, intends to allocate 50% of this tax revenue, minus an administrative cost of 8%, to tourism promotion projects, and WHEREAS, The Board of Trustees delegated to the Nyack Business Council the responsibility to advise the Board of Trustees on funding decisions in response to applications for Nyack Tourism Grants, and contracted with Visit Nyack to administer the grant program on behalf of the Village, and the Business Council has received, reviewed and discussed applications, including presentations by applicants to the Business Council; therefore RESOLVED, the Board of Trustees of the Village of Nyack allocates $35,000 in funds for the current round of the Nyack Tourism Grant program, and RESOLVED, based on advice and recommendation from the Nyack Business Council, the Board of Trustees approves the following grants for tourism promotion projects, and directs the Village Administrator to execute all necessary agreements, subject to the review of the Village Attorney, to fund these projects, with any unused grant funds rolled into the next round of the grant program: 1 Elmwood Playhouse $1,500 2 Emotions Physical Theater, Rockland Cultural Dance Festival $2,000 3 Hotel Nyack, Tito Puente Jr Concert, $4,500 4 Laura Graham, Second Hand Shop Hop, $1,500 5 Lily Greenberg, Nyack Writes Literary Weekend, $4,000 6 Long Path Outfitters, Hike Nyack, $4,000 7 Maureen’s Jazz Cellar, Nyack Jazz Festival, $3,000 8 Music For Life, Night Out, $1,500 9 Nyack International Film Festival, $2,500 10 Phoenix Theater, $4,500 11 Rockland Community College, Tour Operator Marketplace, $1,250 12 The Local, Blocktoberfest, $2,000 13 The Rock Shop, $2,750 6.11 - Resolution No. 2024-113: Village of Nyack Board of Trustees Resolution Directing Village Administrator to Conduct a Residential Housing Rental Vacancy Survey/Study in Accordance with the NYS Emergency Tenant Protection Act (ETPA). 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 therein, empower the Village Board of Trustees (“Village Board”), as the local legislative body of the Village of 6 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. WHEREAS, over the past eighteen months (at least), 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 has considered that the Village Administrator conduct a vacancy survey or 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 (“subject vacancy survey/study”). WHEREAS, the State of New York, on December 8, 2023, amended the ETPA to further empower municipalities to conduct more accurate vacancy surveys or studies, by bolstering municipalities’ ability to obtain more precise data on actual occupancy through collection of rent rolls, and other rental information, in addition to more vigorous data gathering means and methods, including the imposition of a monetary penalty for landlords that violate the ETPA’s survey/study mandates; and, additionally, recent judicial decisions from courts in our State have upheld a municipality’s powers and authority under the ETPA. NOW, THEREFORE, BE IT RESOLVED that the Village Board hereby directs the Village Administrator to conduct the subject vacancy survey/study, on or about September 15, October 15, November 15, and December 15, 2024, and to report back to the Village Board whether or not the vacancy rate, for the aforesaid class of rental housing accommodations, is not in excess of five percent. 6.12 Resolution No. 2023-114 Resolution of the Nyack Village Board Approving the Village of Nyack’s 2024 Agreement with Cornell Cooperative Extension for EPA Phase 2 Stormwater Regulation Education And Outreach Requirements 7 RESOLVED that the contract with the Cornell Cooperative Extension to provide state mandated Stormwater Education services to the Village of Nyack effective April 1, 2024 through March 31, 2025, at a cost not to exceed $2,537.41 per year, is hereby accepted, and it is further RESOLVED that the Village is authorized to participate in the MS4 Stormwater Grant with Stormwater Consortium and Rockland County, and it is further RESOLVED, that the Village Administrator hereby authorized to execute any necessary agreements to effectuate this Resolution with Rockland County or the Cornell Cooperative Extension for said services, subject to the approval of the Village Attorney. 6.13 Resolution No. 2024-115 Resolution of the Nyack Village Board of Trustees to Approve an Agreement with John McKown of EvoGov for Upgrades to Village Website and Website Hosting Agreement RESOLVED, the Board of Trustees of the Village of Nyack approves a website upgrade and hosting agreement with John McKown of EvoGov, for $4,899 plus $200 monthly hosting fee. 6.14 Resolution No. 2024-116 Resolution of the Nyack Village Board of Trustees to Approve Scheduling of a Public Hearing on the Amendment of Village Zoning Code Pertaining to the DMU-2 District RESOLVED, the Board of Trustees of the Village of Nyack approves the scheduling of a public hearing on revisions to the DMU-2 zoning district, including, but not limited to, revisions to building setbacks and minimum lot frontage, hearing date to be determined by the Village Administrator. 6.15 Resolution No. 2024-117 Resolution of the Nyack Village Board of Trustees to Approve Scheduling of a Public Hearing on the Amendment of Village Zoning Code Pertaining to the Waterfront District RESOLVED, the Board of Trustees of the Village of Nyack approves the scheduling of a public hearing on revisions to the Waterfront zoning district, including, but not limited to, revisions to building maximum height, width and FAR, hearing date to be determined by the Village Administrator. 6.16 Resolution No. 2024-118 Resolution of the Nyack Village Board of Trustees to Approve an Agreement with Brooker Engineering RESOLVED, the Board of Trustees of the Village of Nyack approves a service agreement for engineering consulting with Brooker Engineering for Eve Mancuso to continue to serve as the Village Engineer and authorizes the Village Administrator to execute any documents to effectuate this agreement. 8  6.18 Resolution No. 2024-119 Resolution of the Nyack Village Board of Trustees to Approve Reimbursement to Yaakov Moshe for Incorrect Building Fee RESOLVED, the Board of Trustees of the Village of Nyack approves reimbursement of $47.84 in excess building permit fees collected by the Building Department. 7. Department Reports to the Board of Trustees (based on availability) 7.1 Orangetown Police Department 7.2 Village Administrator 7.3 Village Clerk 8. Old Business 9. New Business 9.1 Workshop on ETPA side agreement 10. Communications 10.1 DeQuan Kerr request for basketball tournament in Memorial Park, Saturday, August 3 and Sunday, August 4, 2024. 10.2 Terence McGlynn, The Lighthouse Swim, 9/8/24 10.3 John Hodosh, request for easement on village land behind police substation 10.4 Adrian Alcaro, Nyack Community Garden, Senior Center use permit for meeting, 9/15/24, 5-9 PM. 11. Public Comment on Any Topic (1-3 minutes depending on the quantity of speakers) 12. Executive Session 13. Adjournment 9