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 26, 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 PRESENTATIONS Recognition of Volunteers at 9/11 Ceremony – • Nyack Fire Dept. • American Legion • Roberto DelRosario, Music: Taps • Nicole Stroud, Song: National Anthem • Emma Van Dorpe, Song: Amazing Grace • Alessandra Francisco, Song: His Eye is on the Sparrow PUBLIC HEARINGS New Stop Sign – The proposed local law will amend Village Code 330-16(D) to add a new stop sign at the intersection of N. Midland and Sixth Avenues Motion to open the public hearing offered by Trustee Carlin, seconded by Trustee Lightfoot- Cooper Open Public Hearing on the Proposed Local Law Amending Village Code Chapter 330-16(D) to Add a New Stop Sign at the Intersection of N. Midland and Sixth Avenues Page 1 of 11  Mayor Rand invited public and Board comment. 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 Motion to close the public hearing offered by Trustee Carlin, seconded by Trustee Jean-Gilles. Motion carried unanimously. Amend Chapter 360 (Zoning) of the Code of the Village of Nyack, so as to Allow as a Special Permit Use (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 as a Special Permit Use (i) Retirement Homes, Nursing Homes, and Assisted Living Facilities, and (ii) Multifamily Dwellings, in the “M” Zoning District Mayor Rand invited public comment. Ira Emanual, Emanuel Law, PC, representing Juniper Investors – Thank the Board for opportunity to comment. Working on technical changes. Motion to continue the public hearing on Thursday, October 24, 2024 at 8:00 PM, 9 N. Broadway, Nyack, offered by Trustee Lightfoot-Cooper, seconded by Trustee Jean-Gilles. Motion carried unanimously. ADOPTION OF MINUTES – 09/12/24 On motion of Trustee Lightfoot-Cooper, seconded by Trustee Jean-Gilles and unanimously carried. The minutes of the meeting held on 09/12/24 were accepted as amended. ACTION ITEMS RESOLUTION NO. 2024-141 – ACCEPTING AUDITED VOUCHER SUMMARY The following resolution was offered by Trustee Lightfoot-Cooper, seconded by Trustee Jean- Gilles WHEREAS, the Audited Voucher Summary was presented to the Nyack Village Board of Trustees at its regularly scheduled meeting of September 26, 2024. Page 2 of 11  RESOLVED, the Village Board hereby approves the General Fund Claims set forth on pages 1 through 16 in the amounts of GENERAL FUND $497,162.68 PARKING AUTHORITY $ 69,260.66 WATER FUND $169,265.96 CAPITAL PROJECTS $ 68,000.00 CAPITAL PROJECTS – 2017 Improvements $ 5,436.84 TRUST and AGENCY $ 1,607.79 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. 2024-142 – AMEND THE CODE OF THE VILLAGE OF NYACK TO ADD A NEW CHAPTER 217 OPTING THE VILLAGE INTO THE NYS GOOD CAUSE EVICTION LAW The following resolution was offered by Trustee Lightfoot-Cooper, seconded by Trustee Jean- Gilles At, or soon after, 8:00 PM, during a regular meeting of the Board of Trustees of the Village of Nyack (“Village”), convened on September 12, 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. 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 add a new Chapter 217 opting the Village into the NYS Good Cause Eviction Law, which Local Law is appended hereto, made a part hereof and marked as “ATTACHMENT B.” 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 Page 3 of 11 previously opened at, and continued from, a prior meeting), and held, a Public Hearing on the proposed Local Law on September 12, 2024. 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 B,” and as same may have been amended “by- hand” during the Public Hearing; Alex Bursztein, Legal Aid Society – Thank you for considering and taking seriously 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. 2024-143 – AMEND CHAPTER 360 (ZONING) OF THE CODE OF THE VILLAGE OF NYACK, RELATING TO THE DOWNTOWN MIXED USE-2 (DMU- 2) ZONING DISTRICT, SO AS TO (i) INCREASE THE DISTANCE OF THE MINIMUM REQUIRED FRONT SETBACK FROM 5’ TO 15’, ADD AN ADDITIONAL 5’ STEP-BACK AT THE 32’ BUILDING HEIGHT FOR ALL SIDES OF A BUILDING THAT FACE A PUBLIC STREET, AND WIDEN THE DISTANCE OF THE STREET FRONTAGE FROM 25’ TO 50’, AND (ii) ALLOW CANNABIS ADULT-USE RETAIL DISPENSARIES The following resolution was offered by Trustee Carlin, seconded by Trustee Riobe-Taylor At, or soon after, 8:00 PM, during a regular meeting of the Board of Trustees of the Village of Nyack (“Village”), convened on September 12, 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 Chapter 360 (Zoning) of the Code of the Village of Nyack, relating to the Downtown Mixed Use-2 (DMU-2) Page 4 of 11 Zoning District, so as to (i) increase the distance of the minimum required front setback from 5’ to 15’, add an additional 5’ step-back at the 32’ building height for all sides of a building that face a public street, and widen the distance of the street frontage from 25’ to 50’, and (ii) allow cannabis Adult-Use Retail Dispensaries, 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 07/22/2024 (“narrative Memo”), (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 07/22/2024, (iv). Part 2 of the SEQRA EAF (entitled Impact Assessment), prepared and recommended by the Village Planner, dated 09/26/2024, and (v). Part 3 of the SEQRA EAF (entitled Determination of Significance), prepared and recommended by the Village Planner, dated 07/22/2024 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 September 12, 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 09/06/2024 (“GML report”); and the Village Board hereby overrules the GML report’s Modification #3 for the reason that the existing “NA” (i.e., not applicable) for off-street parking requirements for cannabis retail dispensaries in the DMU-2 Zoning District, is substantively the same as the “None required” language for the DMU-1 Zoning District; and, thus, the DMU-2 “NA” does not need to be changed to be identical to the DMU-1 “None required.” 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 09/09/2024, and provided a written recommendation to the Village Board in favor of its adoption, but recommending a change to the minimum street frontage required from the proposed 75 feet to 50 feet instead, which comment the Village Board accepts. 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 07/22/2024, and after considering all of the discussion and analysis by the Page 5 of 11 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, 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, that this Local Law will improve the form of future construction in this Zoning District. 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. On roll call as amended, 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. 2024-144 – APPROVING AN AGREEMENT WITH THE NYACK CENTER TO PROVIDE THE DOWNTOWN AMBASSADORS PROGRAM FOR $15,000 The following resolution was offered by Trustee Jean-Gilles, seconded by Trustee Riobe-Taylor Page 6 of 11  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, and has, indeed, managed the program over the past several months, WHEREAS, the NYS Office of Family and Children Services has indicated its support for using the remaining grant funds ($15,000.00) to continue this valuable program, RESOLVED that the Board hereby approves the extension of the recently expired funding agreement, the attached Schedule A, with the Nyack Center, to manage the Downtown Ambassadors program in the Fall and Spring of 2024, for a total not to exceed $15,000.00, and authorizes the Village Administrator to execute the contract for the program. 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. 2024-145 – ACCEPT THE EXAMINATION OF THE NYACK JUSTICE COURT The following resolution was offered by Trustee Jean-Gilles, seconded by Trustee Lightfoot- Cooper WHEREAS, the examination document “Annual Checklist for Review of Justice Court Records” was presented to the Nyack Village Board of Trustees at its regularly scheduled meeting of September 26, 2024, RESOLVED BY THE MEMBERS OF THE NYACK VILLAGE BOARD AS FOLLOWS: RESOLVED, that the examination was conducted by the Village as required under section 2019-a of the Uniform Justice Court Act, the report, as submitted by the Village Treasurer, is hereby approved. . 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 7 of 11 RESOLUTION NO. 2024-146 – AMEND CHAPTER 330-16 (DESIGNATION OF MAIN ARTERIES OF TRAVEL AND STOP SIGNS) TO PLACE A STOP SIGN AT THE INTERSECTION OF N MIDLAND AVENUE AND SIXTH AVENUE The following resolution was offered by Trustee Jean-Gilles, seconded by Trustee Riobe-Taylor At, or soon after, 8:00 PM, during a regular meeting of the Board of Trustees of the Village of Nyack (“Village”), convened on September 26, 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 traffic regulations embodied in Chapter 330-16 (Designation of main arteries of travel and stop signs) of the Village 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 Village Code, which amendment is summarized as follows: the proposed Local Law, if adopted by the Village Board, will amend § Chapter 330-16 (Designation of main arteries of travel and stop signs), so as to require stop signs on N. Midland Ave at Sixth Ave, which Local Law is appended hereto, made a part hereof and marked as “ATTACHMENT C.” 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 September 26, 2024. BE IT RESOLVED that the Village Board hereby adopts the Local Law in the form and substance as appended hereto as “ATTACHMENT C”, and as same may have been amended “by- hand” during the Public Hearing; 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 8 of 11 RESOLUTION NO. 2024-147 – USE $10,000 IN TOURISM PROMOTION FUNDS FOR NYACK HOLIDAY VILLAGE PROGRAM The following resolution was offered by Trustee Carlin, seconded by Trustee Jean-Gilles RESOLVED, the Village Board of Trustees approves spending $10,000 in tourism promotion funds for the purpose of paying for holiday childcare at the Nyack Center and programming of music and other attractions at the Hezekiah Easter Veterans Square. • Trustee Jean-Gilles – Need to go through the process – pitch, presentation – to visualize o Mayor Rand – Village created process not to have to review every grant. Did go through business counsel. 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 Board stressed need for OPD to attend Board meetings to present their reports; enforce park closure times; afternoon walk-around with Catholic Charities to speak with unhoused people about options. Village Administrator – Cameras with audio (motion and sound activated) and signage installed at marina parking lot; getting proposals for camera system at Hezekiah Easter Square; doing security work to prevent bathroom break-ins at Memorial Park; doing great with sustainability work – qualifying for substantial grants for solar arrays and making Village Hall a net zero emissions building; waterfront path contract in process – setting up RFP for design plan and need advisory committee; waterfront zone amendment – waiting on Planning Board comments; downtown revitalization grant due October 18; go for NY Forward grant – omit two big projects from last year – drainage and garage; opening of kiosk on Main Street by Farmer’s Market – staff booth with volunteers/ambassador program; information sign space for Village – waiting on Fresh Market to submit comprehensive design; Village’s contract with Constellation Energy expired, working on new energy supplier • Trustee Lightfoot-Cooper – Are there issues with charging stations? o Administrator Stewart – Marina fully activated, stations on Main Street not powered up yet • Trustee Lightfoot-Cooper – Some of the parking meters on N. Broadway not working. o Administrator Stewart – Staff can fix meter heads Page 9 of 11  • Trustee Lightfoot-Cooper – Betty Perry passed Village Clerk – None Village Treasurer – None OLD BUSINESS Grant for Youth Employment and Recreation Activities Next Meeting of the Board – Confirm Date – Tuesday, October 8, 2024, 7:30pm Draft Amendment to Chapter 120 Affordable Housing – Set Public Hearing Motion to set public hearing for Tuesday, October 8, 2024, 8:05 PM, Village Hall, 9 N. Broadway, offered by Trustee Riobe-Taylor, seconded by Trustee Jean-Gilles. Motion carried unanimously. NEW BUSINESS Crafts Walk Event Spring of 2025 - Village wide curation aiming to spotlight the best of Nyack and its collaborative spirit. COMMUNICATIONS - Chamber of Commerce and ACADA Street Fair Schedule for 2025 - Bridge Street Parking Petition - Judy Gorman RE: Sixth Avenue Stop Sign PUBLIC COMMENT Matthew Seig – Thank you for allowing us to host activities for Summer of Soul movie. Adele Garber – Noise and Speeding at Marina Parking Lot Trustee Carlin – Village installed video surveillance with audio and signage Ruth Armstrong – Walk/Don’t Walk pedestrian signals EXECUTIVE SESSION Motion by Trustee Lightfoot-Cooper, seconded by Trustee Jean-Gilles to enter into executive session at 9:46 PM. Motion by Trustee Riobe-Taylor, seconded by Trustee Lightfoot-Cooper to end executive session at 9:50 PM. The motion was carried unanimously. Page 10 of 11 ADJOURNMENT Meeting adjourned in memory of Betty Perry. Indoor memorial to be held on November 2. Motion to adjourn offered by Trustee Jean-Gilles, seconded by Trustee Lightfoot-Cooper and unanimously carried. VILLAGE CLERK Page 11 of 11