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, September 12, 2024 Present: Joseph Rand, Mayor Pascale Jean-Gilles, Trustee Donna Lightfoot-Cooper, Trustee Joseph Carlin, Trustee Nathalie Riobe-Taylor, Trustee Also Present: Andrew Stewart, Village Administrator Dennis Michaels, Village Attorney Linda Donnelly, Village Clerk Absent: Jennifer Hetling, Village Treasurer Meeting called to order at 7:30 pm Pledge of Allegiance Mayor’s Introduction • Thanks and Gratitude to the following for all their hard work making the 9/11 Ceremony so wonderful – Nicole Straud, Alexander Francisco, Emma VanDork, Robert Delazzario, 1st Lieutenant Vincent Cuccia and everyone at Empire Hook & Ladder, Chief Jim Petrilla, Rabbi Ehrenreich, Izzy Caton and everyone at the American Legion, and the Officers from Orangetown Police Dept • Congratulations to the Chamber of Commerce for a very successful weekend Street Fair event • Upcoming Events: o Jazz Festival, Sunday, 9/15 o Phoenix Festival this weekend • Certificate of Merit to Michael Brady in recognition of 40 years of dedicated and outstanding service and as a mail carrier in Nyack PUBLIC HEARINGS Establish a New Chapter 217 of the Code of the Village of Nyack, to be Entitled “Good Cause Eviction Law” Page 1 of 12 Motion to open the public hearing offered by Trustee Jean-Gilles, seconded by Trustee Lightfoot- Cooper Open Public Hearing on Establishing a New Chapter 217 of the Code of the Village of Nyack, to be Entitled “Good Cause Eviction Law” Mayor Rand invited public and Board comment. • Trustee Carlin – How does this work with the ETPA? o Mayor Rand – They will complement each other. • Alex Bursztein – Supports Good Cause Eviction • Michael McKee – Supports Good Cause Eviction • Minerva Parker – Example of not being covered? o Mayor Rand – Buildings built in the last 15 yrs through the first 30 yrs of its life. • Taylor Mandelbaum – Supports Good Cause Eviction; requested the village host informational meetings/trainings for tenants • Gina Engels – Supports Good Cause Eviction On roll call the vote was a follows: Trustee Jean-Gilles . . . . . . . In Favor of Law, One or More Units, and 345 Trustee Lightfoot-Cooper . . In Favor of Law, One or More Units, and 345 Trustee Carlin. . . . . . . . . . . In Favor of Law, One or More Units, and 345 Trustee Riobe-Taylor. . . . . In Favor of Law, One or More Units, and 345 Mayor Rand. . . . . . . . . . . . In Favor of Law, One of More Units, and 345 Motion to close the public hearing offered by Trustee Riobe-Taylor, seconded by Trustee Jean- Gilles Amend Chapter 360 (Zoning) of the Code of the Village of Nyack, so as to Increase the Distance of Building Setbacks at the Ground Level and at 32 Ft High, and to Widen the Distance of a Lot’s Street Frontage, and to Allow Adult-Use Retail Dispensaries (Cannabis), in the DMU-2 Zoning District Motion to re-open the public hearing offered by Trustee Riobe-Taylor, seconded by Trustee Carlin Re-open Public Hearing on Amending Chapter 360 (Zoning) of the Code of the Village of Nyack, so as to Increase the Distance of Building Setbacks at the Ground Level and at 32 Ft High, and to Widen the Distance of a Lot’s Street Frontage, and to Allow Adult-Use Retail Dispensaries (Cannabis), in the DMU-2 Zoning District Mayor Rand invited public comment. • Village Board – Amend distance of street frontage from 25’ to 75’, to 25’ to 50’ Motion to close the public hearing offered by Trustee Riobe-Taylor, seconded by Trustee Carlin Page 2 of 12 Amend Chapter 360 (Zoning) of the Code of the Village of Nyack, so as to Allow (i) Retirement Homes, Nursing Homes, and Assisted Living Facilities, and (ii) Multifamily Dwellings, in the “M” Zoning District Motion to re-open the public hearing offered by Trustee Carlin, seconded by Trustee Riobe-Taylor Re-open public Hearing on Amending Chapter 360 (Zoning) of the Code of the Village of Nyack, so as to Allow (i) Retirement Homes, Nursing Homes, and Assisted Living Facilities, and (ii) Multifamily Dwellings, in the “M” Zoning District Mayor Rand invited public comment. Motion to continue public hearing September 26, 2024 at 8:05 PM, at Village Hall, offered by Trustee Lightfoot-Cooper, seconded by Trustee Jean-Gilles. Motion carried unanimously. Amend Chapter 360 (Zoning) of the Code of the Village of Nyack, so as to Lower the Maximum Allowed Building Height, Reduce the Maximum Building Width, and Generally Reduce the Maximum Allowed Floor Area Ratio (FAR), in the Waterfront (WF) Zoning District Motion to re-open the public hearing offered by Trustee Jean-Gilles, seconded by Trustee Lightfoot-Cooper Re-open Public Hearing on Amending Chapter 360 (Zoning) of the Code of the Village of Nyack, so as to Lower the Maximum Allowed Building Height, Reduce the Maximum Building Width, and Generally Reduce the Maximum Allowed Floor Area Ration (FAR), in the Waterfront (WF) Zoning District Mayor Rand invited public comment. • Village Board – Amend size of bldg. from 52 to 45 and size of lot from 70% - 60% Motion to close offered by Trustee Carlin, seconded by Trustee Lightfoot-Cooper. Motion carried unanimously. Close Public Hearing on Amend Chapter 360 (Zoning) of the Code of the Village of Nyack, so as to Increase the Distance of Building Setbacks at the Ground Level and at 32 Ft High, and to Widen the Distance of a Lot’s Street Frontage, and to Allow Adult-Use Retail Dispensaries (Cannabis), in the DMU-2 Zoning District ADOPTION OF MINUTES – 08/22/24 On motion of Trustee Jean-Gilles, seconded by Trustee Lightfoot-Cooper and unanimously carried. The minutes of the meeting held on 08/22/24 were accepted as presented. Page 3 of 12 PRESENTATION Marcy Denker, Nyack Climate Change Vulnerability Assessment and Adaptation Plan ACTION ITEMS RESOLUTION NO. 2024-133 – ACCEPTING AUDITED VOUCHER SUMMARY The following resolution was offered by Trustee Riobe-Taylor, seconded by Trustee Carlin WHEREAS, the Audited Voucher Summary was presented to the Nyack Village Board of Trustees at its regularly scheduled meeting of September 12, 2024. RESOLVED, that General Fund Claims set forth on pages 1 through 10 in the amounts of GENERAL $291,448.47 PARKING $ 48,107.69 WATER $207,743.94 On roll call the vote was a follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . Yes Trustee Lightfoot-Cooper . . Yes Mayor Rand . . . . . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Yes RESOLUTION NO. 2024-134 – AUTHORIZE THE SCHEDULING OF A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW TO PLACE A STOP SIGN ON NORTH MIDLAND AVENUE AT SIXTH AVENUE The following resolution was offered by Trustee Riobe-Taylor, seconded by Trustee Lightfoot- Cooper RESOLVED, the Board of Trustees of the Village of Nyack approves the scheduling of a public hearing on Thursday, September 26, 2024, at 8:00 PM in Nyack Village Hall, 9 N. Broadway, Nyack, NY, to consider a proposed local law to place a stop sign on North Midland Ave at Sixth Ave to increase the safety of motorists, pedestrians and school children. On roll call the vote was a follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . Yes Trustee Lightfoot-Cooper . . Yes Mayor Rand . . . . . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Page 4 of 12 RESOLUTION NO. 2024-135 – APPROVE 22ND ANNUAL “A DAY IN THE LIFE OF THE HUDSON” EVENT IN MEMORIAL PARK ON OCTOBER 10, 2024 The following resolution was offered by Trustee Carlin, seconded by Trustee Jean-Gilles WHEREAS, the 22th Annual “River Day” is a science activity for Nyack School District students recognized as advancing NYS science school science curriculum standards and core curriculum that uniquely requires direct access to the Hudson River waterfront for gathering scientific data on water quality and wildlife; this event achieves the rigor involved in taking data, analyzing it, and deriving conclusions, while solidifying their relationship with the ecosystems within their own backyard, instilling in them the desire to be good stewards of their town, RESOLVED, the Board of Trustees approves “River Day” permit for Memorial Park for an event on October 10, 2024 (rain date: 10/17/24), subject to sufficient insurance indemnification and the Letter of Agreement attached to the permit. On roll call the vote was a follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . Yes Trustee Lightfoot-Cooper . . Yes Mayor Rand . . . . . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Yes RESOLUTION NO. 2024-136 – AUTHORIZE CREATION OF TWO CODE ENFORCEMENT OFFICER II TITLES IN THE BUILDING DEPARTMENT The following resolution was offered by Trustee Riobe-Taylor, seconded by Trustee Jean-Gilles WHEREAS, a retirement has left vacant the Village’s second Assistant Building Inspector position, no suitable candidates have been found, and the Building Inspector has proposed instead the creation of two Code Enforcement II titles, one of which will train to fill the Assistant Building Inspector title over the course of the next year. WHEREAS, the FY 24-25 budget provides for one new Code Enforcement Officer II title, plus the Asst Building Inspector title, for a total of $120,000 and the total cost of two Code Enforcement II positions would be approximately $135,000, if both positions needed health insurance coverage, so the budget impact of holding the Asst Building Inspector position vacant while funding two Code Enforcement Officer II positions is roughly and additional $15,000, putting the Building Department slightly over budget for personnel cost. Page 5 of 12  RESOLVED, the Village Board of Trustees approves an application to Rockland County Civil Service for the creation of two Code Enforcement II titles in the Village of Nyack at a wage rate of approximately $26/hour, and the further negotiation of these titles into the labor contract with the IBEW, and the canvassing and hiring of candidates. • Manny Carmona, Village Bldg Insp – Dept understaffed; canvassed for vacant Asst Bldg Insp position, more beneficial to hire two CEOII’s and train to meet the plan and needs of our village with the hope of moving one to vacant Asst Bldg Insp position. o Mayor Rand – Will the budget allow for this? ▪ Administrator Stewart – Yes o Trustee Jean-Gilles – Are CEOII subject to civil service requirements? ▪ Bldg Insp – Yes o Trustee Jean-Gilles – Are there residency requirements? ▪ Administrator Stewart – No o Trustee Carlin – Prefer a village resident o Trustee Lightfoot-Cooper – Are things not getting the proper attention? ▪ Bldg Insp – Yes, but not in a timely manner as they should be. On roll call the vote was a follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . Yes Trustee Lightfoot-Cooper . . Yes Mayor Rand . . . . . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Yes RESOLUTION NO. 2024-137 – APPROVE A PERMIT APPLICATION FOR A STREET CLOSURE ON S. FRANKLIN STREET FOR OCTOBERFEST ON OCTOBER 19, 2024 The following resolution was offered by Trustee Carlin, seconded by Trustee Riobe-Taylor RESOLVED, the Board of Trustees of the Village of Nyack approves the closure of S. Franklin St, between Main St and the M&T Bank driveway, for an Octoberfest event hosted by the Local Bar, on Saturday, October 19, 2024, 10:30 AM to 6 PM, contingent on sponsor providing adequate insurance indemnifying the Village and reimbursing the Village the costs of event support staff and lost parking revenues. . On roll call the vote was a follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . Yes Trustee Lightfoot-Cooper . . Yes Mayor Rand . . . . . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Page 6 of 12 RESOLUTION NO. 2024-138 – AUTHORIZE THE ADOPTION OF THE 2024 ROCKLANDY COUNTY, NY, HAZARD MITIGATION PLAN UPDATE The following resolution was offered by Trustee Jean-Gilles, seconded by Trustee Riobe-Taylor WHEREAS, all jurisdictions within Rockland County have exposure to natural hazards that increase the risk to life, property, environment, and the County and local economy; and WHEREAS, pro-active mitigation of known hazards before a disaster event can reduce or eliminate long-term risk to life and property; and WHEREAS, The Disaster Mitigation Act of 2000 (Public Law 106-390) established new requirements for pre and post disaster hazard mitigation programs; and WHEREAS; a coalition of Rockland County municipalities with like planning objectives has been formed to pool resources and create consistent mitigation strategies within Rockland County; and WHEREAS, the coalition has completed a planning process that engages the public, assesses the risk and vulnerability to the impacts of natural hazards, develops a mitigation strategy consistent with a set of uniform goals and objectives, and creates a plan for implementing, evaluating and revising this strategy; NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Nyack: 1) Adopts in its entirety, the 2024 Rockland County Hazard Mitigation Plan Update (the “Plan”) as the jurisdiction’s Natural Hazard Mitigation Plan and resolves to execute the actions identified in the Plan that pertain to this jurisdiction. 2) Will use the adopted and approved portions of the Plan to guide pre- and post-disaster mitigation of the hazards identified. 3) Will coordinate the strategies identified in the Plan with other planning programs and mechanisms under its jurisdictional authority. 4) Will continue its support of the Planning Partnership as described within the Plan. 5) Will help to promote and support the mitigation successes of all participants in this Plan. 6) Will incorporate mitigation planning as an integral component of government and partner operations. 7) Will provide an update of the Plan in conjunction with the County no less than every five years. On roll call the vote was a follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Trustee Lightfoot-Cooper . . Yes Trustee Riobe-Taylor . . . . Yes Page 7 of 12  Mayor Rand . . . . . . . . . . . Yes RESOLUTION NO. 2024-139 – APPROVE THE MAYOR’S APPOINTMENTS TO THE DOWNTOWN REVITALIZATION INITIATIVE GRANT COMMITTEE The following resolution was offered by Trustee Jean-Gilles, seconded by Trustee Riobe-Taylor WHEREAS, the Village of Nyack is eligible to apply for the NYS Downtown Revitalization Initiative and NY Forward awards for economic development projects, due October 18, 2024, and this grant process requires a local committee to review community needs and formulate the funding request, RESOLVED, the following individuals, representing a diversity of local businesses and organizations, and with a familiarity with the grant process, are hereby appointed to serve on this committee: Susan Wilmink, The Angel Nyack Phil Donnelly, Nyack YMCA Kim Cross, Nyack Center Mark Davidoff, Rockland Community College Hospitality and Culinary Arts Center Paul Adler, Rand Realty Thomas Schneck, Visit Nyack Pastor Carl Washington, Pilgrim Baptist Church Elliott Forrest, Arts Rockland Terry Clark, Black Parakeetz Don Hammond, former Mayor Sylvia Welch, Grant Writer Andy Stewart, Village Administrator On roll call the vote was a follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . Yes Trustee Lightfoot-Cooper . . Yes Mayor Rand . . . . . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Yes RESOLUTION NO. 2024-139 – APPROVE THE CLOSURE OF HEZEKIAH EASTER VETERANS SQUARE FROM 12 AM TO 6 AM The following resolution was offered by Trustee Carlin, seconded by Trustee Jean-Gilles Page 8 of 12  RESOLVED, under the authority of Village Code Chapter 250-16-B, Hezekiah Easter Veterans Square is closed from 12 AM to 6 AM daily until further notice, and signs shall be posted accordingly. • Robert Monahan – Homeless problem – doesn’t feel safe • Taylor Mandelbaum – Doesn’t agree with characterization of homeless • Trustee Lightfoot-Cooper – Do mobile outreach units come around? o Administrator Stewart – Multiple outreach programs come and speak with homeless and offer services. • Trustee Carlin – Can we prohibit smoking in the square? o Mayor Rand – Smoking prohibited requires local law • Trustee Jean-Gilles – How is this going to be enforced? Should be aligned/tailored to bar closures. o Mayor Rand – Police will give several warnings • Minerva Parker – After pedestrians leave the bars and want to sit in park, will they be asked to leave? o Mayor Rand – Will be asked to leave On roll call the vote was a follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . Yes Trustee Lightfoot-Cooper . . Yes Mayor Rand . . . . . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Yes RESOLUTION NO. 2024-140 – APPROVE A REQUEST TO THE ORANGETOWN POLICE DEPARTMENT TO ENFORCE PARK RULES, INCLUDING PARK HOURS AND PROHIBITION AGAINST SLEEPING OR PROTRACTED LOUNGING ON PARK BENCHES The following resolution was offered by Trustee Jean-Gilles, seconded by Trustee Lightfoot- Cooper WHEREAS, the Village has convened and supported multiple social service agencies in their outreach efforts to the indigent and homeless, as well as those suffering from mental health and substance abuse conditions, and the Orangetown Police Department routinely engages the indigent in conversations about available resources and provides health and safety services to those experiencing crises, WHEREAS, Village Code Chapter 250-15-I prohibits sleeping or protracted lounging on benches or other areas of parks, and the Board Trustees of the Village of Nyack finds that the use of park benches and other areas for sleeping or protracted lounging, often accompanied by an accumulation of personal belongings, deprives the general public of access to park facilities and of a sense of personal safety, and deters visitors to local businesses, RESOLVED, the Village Board requests that the Orangetown Police Department enforce park closure hours as well as the prohibition on sleeping or protracted lounging on park benches Page 9 of 12 or other areas of the parks, with sensitivity and empathy to the individuals involved, and to coordinate with social service agencies in their attempts to provide services to those individuals. • Jim Willcox – Inadequate police response. What is the benefit to this resolution? o Mayor Rand – Expressing Village support for the Police to enforce the code of the village. • Alex Bursztein – No housing for homeless • Trustee Jean-Gilles – Are we in support of whatever type of enforcement? o Mayor Rand – Orangetown Police want on record that we want park codes enforced. Village holding them accountable to prioritize enforcing park code. • Trustee Jean-Gilles – Orangetown PD needs to be present and accountable at our meetings. • Trustee Riobe-Taylor – Where are we with the bench sleeping deterrents? o Administrator Stewart – Installed armrests on flat benches • Trustee Riobe-Taylor – Police and mentally ill situations need to be safe. We need to offer alternative options. o Administrator Stewart – Met with the police multiple times regarding this. Very engaged in outreach and personal interactions building relationships. Goal towards safer alternatives and de- escalation. • Trustee Lightfoot-Cooper – Will they be enforcing our code outside of the park areas? o Administrator Stewart – People lounging on private properties as well. Owners also concerned. Orangetown PD should enforce laws here as well. As amended, on roll call the vote was a follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . Yes Trustee Lightfoot-Cooper . . Yes Mayor Rand . . . . . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Yes DEPARTMENT REPORTS (based on availability) Orangetown Police Department – Village Administrator – EV chargers in the Marina are working; meetings with Orange & Rockland for completion of project off Main St; Water Line Project was awarded and is expected to start this fall and complete next summer; Safe Routes to School Project expected to start in the spring; Great Lawn project is still progressing, invested in underground irrigation; ETPA Survey is out and receiving responses • Trustee Lightfoot-Cooper – DPW needs to take precautions when mowing. o Administrator Stewart – I’ll reach out to DPW • Trustee Lightfoot-Cooper – Where are we with the pickup/drop-off daycare parking? o Administrator Stewart – Hard to accommodate ▪ Trustee Jean-Gilles – Resident concerns regarding sidewalks. Can these areas participate in the Safe Routes to School Program? • Administrator Stewart – CDBG application in for that area • Trustee Carlin – End date for Great Lawn Project: o Administrator Stewart – Fence down end of Sept. Fall lawn maintenance starting and will complete shortly and open to public. Page 10 of 12 Village Clerk – None Village Treasurer – None OLD BUSINESS Constable Position Update Grant for Youth Employment and Recreation Activities • Administrator Stewart – Need to close the grant. Requesting to fully fund the Ambassadors Program with the funds unable to be allocated towards the basketball and football programs. In order not to lose the grant. We can use funds for basketball if YMCA runs, and tuition towards Nyack kids will be free. o Trustee Lightfoot-Cooper – Will YMCA be temporary? ▪ Administrator Stewart – Boards decision how to spend funds. o Trustee Riobe-Taylor – You basically need a fiscal responsibility entity. o Trustee Jean-Gilles – Parks and recreation dept? ▪ Mayor Rand – Great idea to restart o Trustee Riobe-Taylor – Anything in the grant that states the funds have to be used in a specific way? ▪ Administrator Stewart – I’ll follow-up NEW BUSINESS Park Rules - Dogs off leash in Memorial Park - Prohibition of sleeping or protracted lounging on park benches or other areas - Making Veterans Park no smoking or vaping Chapter 120 Affordable Housing – revise – see Carlin memo Motion to authorize the scheduling of a public hearing on the issue of Chapter 120 Affordable Housing amendment to be held at Village Hall at a date and time to be determined. On motion of Trustee Jean-Gilles, seconded by Trustee Riobe-Taylor and unanimously carried. COMMUNICATIONS - Rich Bowes, Bridge St Concerns Memo - Alissa Colley, Appreciates Painted Crosswalks - Judith Pine, Concerned Occupancy of Vets Parks by Homeless Scares People PUBLIC COMMENT Laura Greenberg, Clermont Condominiums – Would like Board to be aware of a clogged drainage pipe. Wants village to maintain. EXECUTIVE SESSION Page 11 of 12 ADJOURNMENT Meeting adjourned in honor of Michael Brady, Nyack USPS mail carrier retired after 40 years, August 28, 2024. Motion to adjourn offered by Trustee Riobe-Taylor, seconded by Trustee Jean-Gilles and unanimously carried. VILLAGE CLERK Page 12 of 12