Village Board of Trustees Meeting

Village of Nyack Village Hall, 9 North Broadway, Nyack, NY 10960 Meeting of the Village Board of Trustees October 24, 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 Comment on Any Topic (1-3 minutes depending on the quantity of speakers) 4. Presentations Glenn Weinberg – Joule Assets, re: Community Choice Aggregation renewable electricity procurement on behalf of Nyack residents and small businesses. 5. Public Hearings 8:00 PM Chapter 120 (Affordable Housing) of the Code of the Village of Nyack – amend so as to clarify that (1) more than a 10% set-aside of affordable units is required to enjoy development waivers and benefits, and (2) both DMU-1 and DMU-2 zoning districts are included in the applicable zoning districts 8:05 PM Manufacturing Zone (continued) -- The proposed Local Law will amend the Zoning Code relating to the Manufacturing District (“M Zoning District”), so as to allow, as a Special Permit Use: (i) Retirement Homes, Nursing Homes and Assisted Living Facilities, and (ii) Multifamily Dwellings. 6. Adoption of Minutes – minutes from 10/8/2024 7. 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 BE TABLED WITHOUT ANY ACTION BEING TAKEN BY THE BOARD – THEIR INCLUSION 1 IN THIS AGENDA IS NOT, IN ANY WAY, DETERMINATIVE OF A DECISION, IF ANY, TO BE MADE BY THE BOARD. 6.1 Resolution No. 2024-150 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 October 24, 2024. RESOLVED, that General Fund Claims set forth on pages 1 through 10 in the amounts of General fund - $158,983.60 Parking – $19,228.34 Water – $21,080.55 Capital Projects – 2017 Improvements $4,678.60 6.2 Resolution No. 2024-151 Resolution of the Nyack Village Board Appointing Richard Siddi to Position of Code Enforcement Officer II in the Building Department WHEREAS, a vacancy exists in the Building Department for Code Enforcement Officer II; WHEREAS, a Certification of Eligibles exists and has been requested and received from Rockland County Personnel; and WHEREAS, Richard Siddi, who is an eligible candidate, had expressed an interest and submitted an application for the position, was interviewed by the Chief Building Inspector, who now recommends his appointment NOW, THEREFORE, BE IT RESOLVED, the Village Board of Trustees approves the appointment of Richard Siddi to fill the vacant Code Enforcement Officer II position, with a salary of $47,320.00, effective October 14, 2024. 6.3 Resolution No. 2024-152 Resolution of the Nyack Village Board Approving Street Fair Schedule for 2025 RESOLVED, the Board of Trustees approves the following schedule of street fairs for 2025, subject to customary requirements for reimbursement of DPW labor cost, insurance and payment of vendor fees. • Chamber of Commerce: 4/13/25, 9/7/25 • ACADA: 5/18/25, 7/13/25, 10/12/2 2 6.4 Resolution No. 2024-153 Resolution of the Nyack Village Board to Amend Chapter 360 (Zoning) of the Code of the Village Of Nyack, So As to Lower the Maximum Allowed Building Height, in the Waterfront (WF) Zoning District At __________ PM, during a regular meeting of the Board of Trustees of the Village of Nyack (“Village”), convened on October 24, 2024, the below-described Public Hearing was (i) opened, or (ii) was opened at, and continued from, a prior meeting (or meetings), or (iii) was opened at, continued from, and closed at, a prior meeting (or meetings); and the following Resolution was duly offered and seconded, to wit: WHEREAS, the Village Board of Trustees (“Village Board”) is the duly elected legislative body of the Village, and authorized to adopt Local Laws amending the Village Code, including amendments to the zoning regulations embodied in Chapter 360 (Zoning) of the Village Code (“Zoning Code”). WHEREAS, the Village Board has published a Notice of Public Hearing in the Journal News, digitally posted said Notice on the Village’s website, and physically posted the Notice on the Village’s official bulletin board, in accordance with NYS Municipal Home Rule Law §20, with regard to proposed text amendments to the Zoning Code, which amendments are summarized as follows: the proposed Local Law, if adopted by the Village Board, will amend the Village’s Zoning Code relating to the Waterfront (WF) Zoning District, so as to lower the maximum allowed building height; which Local Law is appended hereto, made a part hereof and marked as “ATTACHMENT C.” WHEREAS, copies of: (i). the proposed Local Law, (ii). the narrative Memo of Robert (“Bob”) Galvin, AICP, Village Planner (“Village Planner”), dated 09/9/2024, (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 09/9/2024, (iv). Part 2 of the SEQRA EAF (entitled Impact Assessment), prepared and recommended by the Village Planner, dated 09/9/2024, and (v). Part 3 of the SEQRA EAF (entitled Determination of Significance), prepared and recommended by the Village Planner, dated 09/9/2024; 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), on October 24, 2024, the Village Board (i) opened, or (ii) previously opened at a prior meeting, and held open/continued, or (iii) previously opened and held open/continued, and closed, at a prior meeting (or meetings), a Public Hearing on the proposed Local Law. 3 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 September 4, 2024, which report recommended four Modifications; none of which Modifications are being overridden by the Village Board. WHEREAS, prior to the Public Hearing, the Village Board sought comments on the proposed Local Law from the Village Planning Board (“PB”), as per Village Code §360-5.6(B)(3)(a); and the PB reviewed the Local Law at its meeting held on October 7, 2024, and provided a written recommendation to the Village Board, which, in summary, advised that the PB could not achieve a majority vote to carry a motion favorable to the proposed Local Law, nor was the PB able to achieve a majority vote unfavorable to the proposed Local Law. WHEREAS, there being no other SEQRA Involved Agency, as an additional part of this Resolution herein, if adopted on October 24, 2024, the Village Board declares itself to be, and assumes the role of, SEQRA Lead Agency. WHEREAS, the Village Board, after reviewing the Waterfront Assessment Form for Local Waterfront Revitalization Plan (LWRP) Consistency Review, prepared and recommended by the Village Planner, dated 09/9/2024, 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 October 24, 2024, Public Hearing, and at any prior Public Hearings, 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, 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 enhance the economic viability, and livability, of the Village’s businesses, commercial uses and residences in the WF Zoning District, and surrounding neighborhoods, by lowering the maximum allowed building height. 4 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 C,” and as same may have been amended “by-hand” during the Public Hearing; 6.5 Resolution No. 2024-154 Resolution of the Nyack Village Board to Set a Public Hearing on Amending Village Code Chapter 250 “Parks and Recreation” RESOLVED, the Board of Trustees authorizes the scheduling of a public hearing November 14, 2024, 8:00 PM, on amending Village Code Chapter 250 “Parks and Recreation” to update park hours. 6.6 Resolution No. 2024-155 Resolution of the Nyack Village Board to Authorize an MOU with Joule Assets to Provide a Conditional Authorization to Execute Electricity Supply Agreement WHEREAS, the Village of Nyack is a participant in the Community Choice Aggregation (“CCA”) electricity supply bid authorized and overseen by the State of New York, and brokered by Joule Assets, enabling local governments to procure renewable electricity on behalf of residents and small businesses at competitive rates, WHEREAS, Village participation in the electricity bidding and procurement process requires authorization of energy supply contracts on short notice, outside of the usual Board of Trustees meeting calendar, WHEREAS, the attached MOU creates a Conditional Authorization to Execute Electricity Supply Agreement with Joule Assets that will enable the Village to participate in the CCA when and if Joule is able to provide pricing from suppliers that meets with certain pricing benchmarks, RESOLVED, the Board of Trustees authorizes the Village Administrator and/or Mayor to sign the attached MOU from Joule Assets. 6.7 Resolution No. 2024-156 Resolution of the Nyack Village Board to Authorize Reimbursement of $100 in Building Department Fees to Peter and Debra Berry RESOLVED, due to a withdrawn permit, $100 reimbursement to Peter and Debra Berry. 8. Department Reports to the Board of Trustees (based on availability) 7.1 Orangetown Police Department 5  7.2 Village Administrator 7.3 Village Clerk 7.4 Village Treasurer – Budget Report – Fund Balance and Cash Flow, Audit Update 8. Old Business 8.2 2025 Board meeting calendar review 9. New Business 10. Communications 11. Public Comment on Any Topic (1-3 minutes depending on the quantity of speakers) 12. Executive Session 13. Adjournment 6