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 Tuesday, November 14, 2024 Present: Joseph Rand, Mayor Pascale Jean-Gilles, Trustee Joseph Carlin, Trustee Nathalie Riobe-Taylor, Trustee – Arrived at 7:36 PM Also Present: Andrew Stewart, Village Administrator Dennis Michaels, Village Attorney Linda Donnelly, Village Clerk Absent: Donna Lightfoot-Cooper, Trustee Jennifer Hetling, Village Treasurer Meeting called to order at 7:30 pm Pledge of Allegiance Mayor’s Introduction Congratulations to assembly person elect Pat Carroll, State Senator Bill Weber and Congressman Mike Lawler on their re-elections, and best wishes to all other candidates on their strong efforts in this election. PRESENTATIONS Green Capital Projects Review – Steve Cea Code Enforcement Program – Manny Carmona PUBLIC HEARINGS 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 offered by Trustee Carlin, seconded by Trustee Jean-Gilles 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 Page 1 of 19  Mayor Rand invited public comment. Trustee Jean-Gilles – Concerns about burden on ambulatory service. Have you met with them to resolve? Greg, Hotel Nyack – Met with Nyack Ambulance and resolved. Administrator Stewart – Law as drafted provides for the requirement of private ambulance contract. Motion to close Public Hearing offered by Trustee Carlin, seconded by Trustee Jean-Gilles. Motion carried. Amend Chapter 120 (Affordable Housing) of the Code of the Village of Nyack, so as to Clarify that (1) more than a 10% Set-Aside, of Affordable or Workforce Housing Units, is Required to Enjoy Development Waivers and Benefits, and (2) Both the DMU-1 and DMU- 2 Zoning Districts are Included in the Applicable Zoning Districts Motion to re-open offered by Trustee Carlin, seconded by Trustee Jean-Gilles Re-open Public Hearing on Amending Chapter 120 (Affordable Housing) of the Code of the Village of Nyack, so as to Clarify that (1) more than a 10% Set-Aside, of Affordable or Workforce Housing Units, is Required to Enjoy Development Waivers and Benefits, and (2) Both the DMU-1 and DMU-2 Zoning Districts are Included in the Applicable Zoning Districts Mayor Rand invited public comment. Motion to close Public Hearing offered by Trustee Riobe-Taylor, seconded by Trustee Jean-Gilles. Motion carried. Amend Chapter 250 (Parks and Recreation) of the Code of the Village of Nyack, so as to Clarify that (1) Veterans Park Open, 6 AM to midnight; Marina Park Open, 6 AM to 10 PM, (2) Define “Protracted Lounging”, (3) Prohibit Amplified Noise, (4) Prohibit Urination in Park, (5) Prohibit Littering, Including Pet Waste, (6) Prohibit Fires in Parks Motion to open offered by Trustee Riobe-Taylor, seconded by Trustee Carlin Open Public Hearing on Amending Chapter 250 (Parks and Recreation) of the Code of the Village of Nyack, so as to Clarify that (1) Veterans Park Open, 6 AM to midnight; Marina Park Open, 6 AM to 10 PM, (2) Define “Protracted Lounging”, (3) Prohibit Amplified Noise, (4) Prohibit Urination in Park, (5) Prohibit Littering, Including Pet Waste, (6) Prohibit Fires in Parks Mayor Rand invited public comment. Drew Burke – We should have security in the park. Problems in the park. Police need to get out and walk around. Robert Lord – Local residents submitted an application to Traffic Advisory Board of Orangeburg for street calming devices. Would like speed limit reduced. Page 2 of 19 Motion to close Public Hearing offered by Trustee Jean-Gilles, seconded by Trustee Carlin. Motion carried. ADOPTION OF MINUTES – 10/24/24 On motion of Trustee Jean-Gilles, seconded by Trustee Carlin and unanimously carried. The minutes of the meeting held on 10/24/2024 were accepted as presented. ACTION ITEMS RESOLUTION NO. 2024-157 – ACCEPTING AUDITED VOUCHER SUMMARY The following resolution was offered by Trustee Carlin, seconded by Trustee Riobe-Taylor WHEREAS, the Audited Voucher Summary was presented to the Nyack Village Board of Trustees at its regularly scheduled meeting of November 14, 2024. RESOLVED, the Village Board hereby approves the General Fund Claims set forth on pages 1 through 14 in the amounts of GENERAL FUND $431,474.13 PARKING AUTHORITY $ 34,404.21 WATER FUND $240,866.94 CAPITAL PROJECTS – 2017 Improvements $ 21,685.34 TOTAL $728,450.62 On roll call the vote was a follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Mayor Rand . . . . . . . . . . . Yes RESOLUTION NO. 2024-158 – AUTHORIZE THE ISSUANCE OF BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $500,000 TO FINANCE THE ACQUISITION OF A NEW SWAP LOADER, INCLUDING ACCESSORIES, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $500,000 AND APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE The following resolution was offered by Trustee Riobe-Taylor, seconded by Trustee Jean-Gilles THE BOARD OF TRUSTEES OF THE VILLAGE OF NYACK, IN THE COUNTY OF ROCKLAND, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Board of Trustees) AS FOLLOWS: Page 3 of 19  Section 1. The Village of Nyack, in the County of Rockland, New York (herein called the “Village”), is hereby authorized to issue bonds in a principal amount not to exceed $500,000 pursuant to the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”), to finance the acquisition of a new swap loader, including accessories, at the estimated maximum cost of $500,000. Section 2. The estimated maximum cost of the project described herein, including preliminary costs and costs incidental thereto and the financing thereof, is $500,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of bonds in a principal amount not to exceed $500,000 to finance said appropriation, and the levy and collection of taxes upon all the taxable real property in the Village to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 28 of the Law, is fifteen (15) years. (b) The proceeds of the bonds herein authorized, and any bond anticipation notes issued in anticipation of said bonds, may be applied to reimburse the Village for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation of said bonds, shall be general obligations of the Village, payable as to both principal and interest by general tax upon all the taxable real property within the Village. The faith and credit of the Village are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds, and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Village by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 of the Law relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Board of Trustees relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the execution of agreements for credit enhancements, are hereby delegated to the Village Treasurer, the chief fiscal officer of the Village. Page 4 of 19  Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Village is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subject to a permissive referendum and the Village Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to publish or cause to be published, in full, in the official newspaper of the Village, having a general circulation within said Village, and posted in at least six (6) public places and in each polling place in the Village, a Notice in substantially the form appearing in Exhibit A hereto. Section 8. The Village Clerk is hereby authorized and directed, after said bond resolution shall take effect, to cause said bond resolution to be published, in summary, in the official newspaper of the Village, having a general circulation within said Village, together with a Notice in substantially the form as provided by Section 81.00 of the Law. On roll call the vote was a follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Mayor Rand . . . . . . . . . . . Yes RESOLUTION NO. 2024-159 – ACCEPT MAYOR’S APPOINTMENT OF MINERVA PARKER TO THE BOARD OF THE NYACK HOUSING AUTHORITY TO FULFILL THE UNEXPIRED TERM OF DARA JOSEPH The following resolution was offered by Trustee Riobe-Taylor, seconded by Trustee Jean-Gilles RESOLVED, the Board of Trustees of the Village of Nyack approves appointment of Minerva Parker to the Board of the Nyack Housing Authority to fulfill the unexpired term of Dara Joseph, expiring April 2028. Sonja Rogers – Was a cover letter and resume submitted? Mayor Rand – Appointment is of his choice. Alex Bursztein – Ms. Parker is a great choice. I highly recommend her. Minerva Parker – Thank you for the position. I can submit any paperwork required. Page 5 of 19  Drew Burke – Minerva Parker is a good choice. Hard to get people willing to take the position. Trustee Jean-Gilles – No prohibition in serving multiple positions? Would like to see more people offered these positions. On roll call the vote was a follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Mayor Rand . . . . . . . . . . . Yes RESOLUTION NO. 2024-160 – APPROVING TAKE HOME VEHICLE POLICY The following resolution was offered by Trustee Riobe-Taylor, seconded by Trustee Jean-Gilles RESOLVED, the Board of Trustees of the Village of Nyack approves the attached take home vehicle policy. Trustee Carlin – How many vehicles are take-home vehicles? Is personal use prohibited? Administrator Stewart – Two. Yes. On roll call the vote was a follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Mayor Rand . . . . . . . . . . . Yes RESOLUTION NO. 2024-161 – APPROVING NYSERDA FUNDING AGREEMENT FOR $262,500 FOR ROOF TOP SOLAR ARRAYS ON DPW, VILLAGE HALL AND HEAD START The following resolution was offered by Trustee Riobe-Taylor, seconded by Trustee Jean-Gilles WHEREAS, the Board of Trustees has received presentations on the portfolio of sustainability projects under development by its staff and Climate Smart Committee, including the use of NYS funding to pay for the cost of installation of rooftop solar arrays on Village Hall, Head Start and the DPW garage, WHEREAS, the Village Sustainability Coordinator Marcy Denker recently reported the Village had achieved eligibility through the completion of various initiatives for $262,500 in NYS funding for projects that help decrease the emission of greenhouse gasses that cause global warming, and subsequently the Village submitted project proposals for spending these funds on Page 6 of 19 the three rooftop solar arrays described above, WHEREAS, NYSERDA has offered a funding contract for the three rooftop solar arrays, totaling $262,500, RESOLVED, the Board of Trustees authorizes the Village Administrator to execute the NYSERDA funding agreement, and coordinate the procurement and construction of these facilities. On roll call the vote was a follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Mayor Rand . . . . . . . . . . . Yes RESOLUTION NO. 2024-162 – ACCEPT THE VACANCY SURVEY REPORT CONDUCTED BY THE VILLAGE ADMINISTRATOR, RELATING TO THE EMERGENCY TENANT PROTECTION ACT’S DECLARATION OF HOUSING EMERGENCY The following resolution was offered by Trustee Riobe-Taylor, seconded by Trustee Jean-Gilles 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(a) therein, empower the Village Board of Trustees (“Village Board”), as the local legislative body of the Village of 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 16 months (or longer), 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. Page 7 of 19  WHEREAS, the Village Board requested that the Village Administrator conduct a vacancy survey/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 (“vacancy survey/study”), and to report back to the Village Board whether or not the vacancy rate, for this class of rental housing accommodations, is not in excess of five percent. WHEREAS, the Village Administrator, utilizing his “Questionnaire: Village of Nyack ETPA Vacancy Survey/Study (September 2024)” – hereinafter “survey questionnaire” – with his explanatory letter that was the preamble to the survey questionnaire, completed the aforesaid vacancy survey/study and has submitted same to the Village Board, and has explained his methodology, procedure and process to the Village Board. The Village Administrator’s vacancy survey/study, and his survey questionnaire (with its preamble letter), are appended hereto and made a part hereof – the vacancy survey/study is marked as “NYACK RENTAL VACANCY SURVEY REPORT,” dated November 6, 2024. WHEREAS, the owner or manager of one property, the Nyack Housing Authority, which is within the class of the surveyed rental housing accommodations, despite several phone calls and email reminders by the Village Administrator, did not return its response to the survey questionnaire by the deadline; therefore, this property, as per ETPA §8623(f), was recorded as having zero vacancies. WHEREAS, the results of the vacancy survey/study indicate a vacancy rate in excess of 7% for the class of the surveyed rental housing accommodations, rendering the Village to be ineligible, at this time, to declare a housing emergency, as contemplated by ETPA §8623(a), which law requires documentation substantiating a vacancy rate less than 5% to qualify for a declaration of a rental housing emergency. WHEREAS, the Village Board finds that its acceptance of the vacancy survey/study, as constituting information or data collection, and/or conducting of research or a survey, and/or the adoption of procedures in connection with the vacancy survey/study, is a Type II Action, as per §617.5(c)(24) and/or (33) of the Regulations of the State Environmental Quality Review Act (“SEQRA”), which, as a Type II Action, is exempt from, and not subject to, environmental review under SEQRA. NOW, THEREFORE, based on all the documentation and information before, and testimony heard by, the Village Board, and the findings and determinations made herein; BE IT RESOLVED that the Village Board hereby accepts the Village Administrator’s vacancy survey/study, appended hereto as “NYACK RENTAL VACANCY SURVEY REPORT,” dated November 6, 2024, and as same may have been amended “by-hand” during the meeting; and Page 8 of 19  BE IT FURTHER RESOLVED that the Village Board, at this time, is not declaring a housing emergency, as contemplated by ETPA §8623(a), which declaration, if any, will be determined, if at all, after the Village Board holds a Public Hearing on this matter. Alex Bursztein – Lack of transparency, thought this was an open process, haven’t seen survey results; under impression there was to be three or four surveys; adopting is premature, urge not to adopt tonight Mayor Rand – No problem holding off Trustee Jean-Gilles – Would like to issue a survey at 6 units. Motion to carry resolution to December 12, 2024. Motion offered by Trustee Jean-Gilles, seconded by Trustee Riobe-Taylor. On roll call the vote was a follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Mayor Rand . . . . . . . . . . . Yes RESOLUTION NO. 2024-163 – APPROVE 2025 CALENDAR OF BOARD MEETINGS FOR 2025, ALL MEETINGS TO BEGIN AT 7:30 PM The following resolution was offered by Trustee Jean-Gilles, seconded by Trustee Riobe-Taylor. RESOLVED, the Village Board adopts the following schedule of meetings for 2025: Monday, January 6 Thursdays – January 23, February 13 and 27, March 13 and 27, April 10 and 24, May 8 and 22, June 5 and 26, July 10, August 21, September 11 and 25, October 9 and 23, November 13, December 11. On roll call the vote was a follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Mayor Rand . . . . . . . . . . . Yes RESOLUTION NO. 2024-164 – AMEND ARTICLE III, OF CHAPTER 250 (PARKS AND RECREATION), OF THE VILLAGE CODE, SO AS TO (i) ADD DEFINITIONS AND REGULATIONS FOR “SOUND REPRODUCTION DEVICE” AND “PROTRACTED LOUNGING,” (ii) SHORTEN PARK HOURS, AND (iii) ADD REGULATIONS FOR NOISE, LITTERING, HUMAN DEFECATION AND URINATION, AND DOGS Page 9 of 19 The following resolution was offered by Trustee Riobe-Taylor, seconded by Trustee Jean-Gilles. At 8:10 PM, during a regular meeting of the Board of Trustees of the Village of Nyack (“Village”), convened on November 14, 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 regulations embodied in Chapter 250 (Parks and Recreation) thereto. 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 Village Code, which amendments are summarized as follows: the proposed Local Law, if adopted by the Village Board, will amend Article III (Parks and Recreation Areas), of Chapter 250, of the Village Code, so as to add quality of life proscriptions, including (i) adding definitions of, and regulations related to, “Sound Reproduction Device” and “Protracted Lounging,” (ii) shortening the hours of operation, and (iii) adding provisions regulating noise, littering, human defecation and urination, and dogs; which Local Law is appended hereto, made a part hereof and marked as “ATTACHMENT A.” WHEREAS, a copy of the proposed Local Law was 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 November 14, 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. WHEREAS, the Village Board finds, after reviewing the proposed Local Law, and after hearing from (i) the Village’s residents, business proprietors and property owners, (ii) the Village Administrator, (iii) representative(s) of the Police Department of the Town of Orangetown, and (iv) the Village’s Parks Commission, that this Local Law will (a) enhance the economic viability, the livability and the desirability of the Village’s businesses, commercial uses and residences located in the neighborhoods, communities and Zoning Districts that are in proximity to the Village’s parks, and (b) preserve, protect, enrich and improve the quality of life of Village residents and businesses, and their guests, invitees and customers, and the tourists of the Village, and especially improve their enjoyment of Village parks. Page 10 of 19  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 the vote was a follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Mayor Rand . . . . . . . . . . . Yes RESOLUTION NO. 2024-165 – APPROVE THE COMPETITIVE BIDDING OF A NEW ROOF ON THE DPW AT 63 CATHERINE STREET The following resolution was offered by Trustee Riobe-Taylor, seconded by Trustee Carlin. WHEREAS, the Village has a NYSERDA grant for 100% funding a rooftop solar array on the DPW, making it possible to reduce electricity costs by approximately $15,000/year, WHEREAS, roof inspection reports show water penetration and deterioration indicating the need for a new roof, estimated to cost about $140,000, without which rooftop solar cannot be installed, RESOLVED, the Board of Trustees authorizes the Village Administrator to prepare and distribute bid documents for a new roof overlay on the DPW. On roll call the vote was a follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Mayor Rand . . . . . . . . . . . Yes RESOLUTION NO. 2024-166 – APPROVE THE SUBMISSION OF 2020 UNPAID TAXES TO ROCKLAND COUNTY FOR RE-LEVY The following resolution was offered by Trustee Riobe-Taylor, seconded by Trustee Jean-Gilles. RESOLVED that the Mayor and Trustees are authorized to execute the attached abstract of unpaid taxes for submission to Rockland County for re-levy. Page 11 of 19 On roll call the vote was a follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Mayor Rand . . . . . . . . . . . Yes RESOLUTION NO. 2024-167 – APPOINT BENJAMIN WOLFORD TO POSITION OF CODE ENFORCEMENT OFFICER II IN THE BUILDING DEPARTMENT The following resolution was offered by Trustee Jean-Gilles, seconded by Trustee Riobe-Taylor. 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, Benjamin Wolford, 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 Benjamin Wolford to fill the vacant Code Enforcement Officer II position, with a salary of $47,320.00, effective November 12, 2024. On roll call the vote was a follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Mayor Rand . . . . . . . . . . . Yes RESOLUTION NO. 2024-168 – AMEND CHAPTER 120 (AFFORDABLE HOUSING) OF THE VILLAGE CODE, TO CLARIFY THAT (1) MORE THAN A 10% SET-ASIDE, OF AFFORDABLE OR WORKFORCE HOUSING UNITS, IS REQUIRED TO ENJOY DEVELOPMENT WAIVERS AND BENEFITS, AND (2) BOTH THE DMU-1 AND DMU- 2 ZONING DISTRICTS ARE INCLUDED IN THE APPLICABLE ZONING DISTRICTS The following resolution was offered by Trustee Carlin, seconded by Trustee Jean-Gilles. At 8:00 PM, during a regular meeting of the Board of Trustees of the Village of Nyack (“Village”), convened on November 14, 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 Page 12 of 19 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 regulations embodied in Chapter 120 (Affordable Housing) thereto. 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 Village Code, which amendments are summarized as follows: the proposed Local Law, if adopted by the Village Board, will amend Chapter 120 (Affordable Housing) of the Village Code, so as to clarify that (i) more than a 10% set-aside, of affordable or workforce housing units, is required to enjoy development waivers and benefits, and (ii) both the DMU-1 and DMU-2 Zoning Districts are included in the applicable Zoning Districts; which Local Law is appended hereto, made a part hereof and marked as “ATTACHMENT B” WHEREAS, a copy of the proposed Local Law was 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 November 14, 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. WHEREAS, the Village Board finds, after reviewing the proposed Local Law, and after hearing from (i) the Village Administrator, (ii) the Village’s residents, business proprietors and property owners, that this Local Law will clarify that (i) more than a 10% set-aside, of affordable or workforce housing units, is required to enjoy development waivers and benefits, and (ii) both the DMU-1 and DMU-2 Zoning Districts are included in the applicable Zoning Districts; which was always the intent and purpose of Village Code §120-1(C)(1) & (13). 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. On roll call the vote was a follows: Page 13 of 19  Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Mayor Rand . . . . . . . . . . . Yes RESOLUTION NO. 2024-169 – AMEND CHAPTER 360 (ZONING) OF THE VILLAGE CODE, SO AS TO ALLOW (i) RETIREMENT HOMES, NURSING HOMES AND ASSISTED LIVING FACILITIES, AND (ii) MULTIFAMILY DWELLINGS, IN THE “M” ZONING DISTRICT. The following resolution was offered by Trustee Riobe-Taylor, seconded by Trustee Jean-Gilles. At 8:00 PM, during a regular meeting of the Board of Trustees of the Village of Nyack (“Village”), convened on November 14, 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 Zoning Code by allowing, as a Special Permit Use, in the “M” Zoning District, (i) Retirement Homes, Nursing Homes and Assisted Living Facilities, and (ii) Multifamily Dwellings; which Local Law is appended hereto, made a part hereof and marked as “ATTACHMENT D.” WHEREAS, copies of: (i). the proposed Local Law, (ii). the Narrative Summary of the Petition, which Petition requests the Assisted Living Facilities aspect of the subject proposed Zoning Code amendment (“Petition”), prepared, and signed, by Ira M. Emanuel, Esq., the attorney representing the Petitioner, Juniper Time Owner, LLC (“Petitioner”), dated May 24, 2024, (iii). the Petition, prepared, and signed, by the Petitioner’s attorney, dated May 20, 2024, Page 14 of 19  (iv). the narrative Memo of Robert (“Bob”) Galvin, AICP, Village Planner (“Village Planner”), dated July 30, 2024 (“narrative Memo”), (v). the State Environmental Quality Review Act (“SEQRA”) Part 1 (entitled Project Information) of the Short Environmental Assessment Form (“EAF”), prepared, and signed, by the Petitioner’s attorney, dated May 21, 2024, (vi). Part 2 of the SEQRA EAF (entitled Impact Assessment), prepared and recommended by the Village Planner, dated July 30, 2024, (vii). Part 3 of the SEQRA EAF (entitled Determination of Significance), prepared and recommended by the Village Planner, dated July 30, 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 November 14, 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. WHEREAS, after conferring with the local not-for-profit ambulance company, Nyack Community Ambulance Corps, the Board further finds that the residents of Assisted Living Facilities, Retirement Homes, and Nursing Homes (hereinafter “senior care facilities [or facility]”), have a substantially greater need for ambulance or ambulette services than the general population; and that any new senior care facility will likely overburden Nyack Community Ambulance Corps, which may not be able to handle the extra strain on its services, thereby posing a risk to the public safety, health and welfare. Therefore, this Local Law includes a provision, Section 7, that requires the senior care facility operator to retain, hire or contractually engage, continuously and without interruption, ambulance/ambulette services for the purpose of serving the residents of the facility, “24/7,” at the sole cost and expense of the operator of the facility. WHEREAS, as part of the review of an application requesting the granting of a Special Permit Use for the approval of a Retirement Home, Nursing Home or Assisted Living Facility, there shall be consideration of Section 7 of this Local Law, to be codified as Village Code §360- 3.2(A)(3)(d), related to potential adverse impacts on ambulance services furnished by public or governmental emergency service providers or by local not-for-profit ambulance companies ("public ambulance service company"), related to which the Board of Trustees may include a requirement that the owner and/or operator of the senior care facility pay a certain fee, to the public ambulance service company, per ambulance ride, when such rides exceed a base number of rides to be negotiated with the Board of Trustees as part of the Special Permit Use review process. 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 Page 15 of 19 review report to the Village Board, dated September 5, 2024, which report recommended four Modifications, none of which 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, as per Village Code §360-5.6(B)(3)(a); and the Planning Board reviewed the Local Law at its meeting held on September 9, 2024, and provided a written recommendation to the Village Board in favor of Retirement, Nursing and Assisted Living Facilities, but opposing Multifamily Dwellings in the “M” Zoning District. WHEREAS, there being no other SEQRA Involved Agency, as an additional part of this Resolution herein, if adopted on November 14, 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 July 30, 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 November 14, 2024, Public Hearing, and at any prior Public Hearings that were held open, and continued, to November 14, 2024, 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, Part 2 and Part 3 of which were prepared and recommended, on behalf of the Village Board, by the Village Planner; the Village Board hereby adopts the said 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, if adopted by the Village Board, will amend the Zoning Code so as to enhance the economic viability, and livability, of the Village’s M Zoning District, by allowing, as a Special Permit Use in the “M” Zoning District: (i) Retirement Homes, Nursing Homes and Assisted Living Facilities, and (ii) Multifamily Dwellings. NOW, THEREFORE, based on all of the documentation and information before the Village Board, and the findings and determinations made herein; Page 16 of 19  BE IT RESOLVED that the Village Board hereby adopts the Local Law in the form and substance as appended hereto as “ATTACHMENT D,” and as same may have been amended “by- hand” during the Public Hearing. Mayor Rand – Would like to see hotel use stay. Trustee Riobe-Taylor – Would like to see hotel use stay. Trustee Carlin – Hoping hotel management is doing everything to maintain use of hotel. On roll call the vote was a follows: Trustee Jean-Gilles . . . . . . . No Trustee Riobe-Taylor . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Mayor Rand . . . . . . . . . . . Yes RESOLUTION NO. 2024-170 – APPROVE A CLOSURE OF JACKSON AVE FOR THE PRIDE CENTER BALL, SATURDAY, NOVEMBER 16, 2024 The following resolution was offered by Trustee Riobe-Taylor, seconded by Trustee Carlin. RESOLVED, the Board of Trustees of the Village of Nyack approves an application from Brooke Malloy of the Pride Center to close Jackson Ave in vicinity of the Pride Center for a special event, setup at 7 AM, cleanup at 10 PM, Saturday, November 16, 2024, contingent on sponsor providing adequate insurance indemnifying the Village and reimbursement of Village staff costs. On roll call the vote was a follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Mayor Rand . . . . . . . . . . . Yes DEPARTMENT REPORTS (based on availability) Orangetown Police Department – Village Administrator – Community Choice locked in – residents will be notified and given the choice of opting in or out; $375,000 NYSERDA funding – race to get projects in to be approved; need for removal of all benches in Hezekiah Easter Square; congratulations to the tree committee for planting 25 trees. Village Clerk – Village Treasurer – Page 17 of 19 OLD BUSINESS Hospital area parking memo and discussion Easter Park bench occupancy concern and plan • Village Board agrees to indefinitely remove benches and thoroughly clean. Will revisit at a later date. NEW BUSINESS Community Forum on Quality of Life/Indigency • Put on calendar before December 12th meeting Arborist tree inspection fee • Net only Discussion of Crafts Walk 2024 and plan for 2025 (October 4th and 5th, 2025) African American Day Parade, schedule for Saturday, June 7, 2025 • Sunday, June 8 rain date Pride Sunday event, schedule for Sunday, June 8, 2025 BlocktoberFest, schedule for Saturday, September 20, 2025 JazzFest September 21, 2025 COMMUNICATIONS Vitale SLA 30-day waiver • Future waivers will be handled by the Clerk’s office Tangredi, Christmas creche display • Village Board agreed Rabbi Ehrenreich, Chabad of Nyack, Menorah placement second week of December and lighting event on December 29th. • Village Board agreed PUBLIC COMMENT Taylor Mandelbaum – Thank you for bringing up the appointment for Nyack Housing Authority; Rockland County does not have an unhoused shelter. Suggest Village consider a resolution for advocating/suggesting to Rockland County that they build a shelter. Mayor Rand – Very good idea. County needs to step up. Page 18 of 19  Trustee Jean-Gilles – Good idea and should follow-up with action. Trustee Carlin – Temporary solutions but unhoused are refusing to accept. Agree we should talk with County. Sonya Rogers – Maybe NAMI can assist. Sonya Rogers – Would like Village to bring back Veterans Day Parade. Victor Galiardi – Excessive amount of homeless. Village has a big rat problem. Drew Burke – Can someone review the cameras once a week and see what’s going on at the marina? EXECUTIVE SESSION ADJOURNMENT Motion offered by Trustee Jean-Gilles, seconded by Trustee Riobe-Taylor. Motion carried. VILLAGE CLERK Page 19 of 19