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Village Board of Trustees Meeting

Regular Meeting

Nyack, NY · December 12, 2024

AgendaMinutes

Minutes

Minutes of the Regular Meeting of the Village of Nyack Board of Trustees Held at Village Hall at 7:30 pm on Thursday, December 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 Linda Donnelly, Village Clerk Absent: Jennifer Hetling, Village Treasurer Dennis Michaels, Village Attorney Meeting called to order at 7:30 pm Pledge of Allegiance Mayor’s Introduction Thank you to the Rock Shop for giving us a deal on the microphone system, and to the Jazz Cellar for the sound board; Thank you to Andy Stewart, Ann Marie Tlsty and the DPW for all their hard work on the tree and setup in Hezekiah Easter Veteran’s Square; Thank you to the Chamber of Commerce and Mark Mangan for all their hard work on the tree lighting, and the Rockland Ukulele Orchestra for the entertainment. Moment of silence for former trustee and deputy mayor James Leiner, former mayor and trustee Kieran Quinn, and former trustee Marie Lorenzini. PRESENTATIONS PUBLIC HEARINGS ADOPTION OF MINUTES – 11/14/24 On motion of Trustee Carlin, seconded by Trustee Jean-Gilles. The minutes of the meeting held on 11/14/2024 were accepted as presented. Trustee Lightfoot-Cooper abstained. Page 1 of 13 ACTION ITEMS RESOLUTION NO. 2024-171 – ACCEPTING AUDITED VOUCHER SUMMARY The following resolution was offered by Trustee Riobe-Taylor, 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 December 12, 2024. RESOLVED, the Village Board hereby approves the General Fund Claims set forth on pages 1 through 14 in the amounts of GENERAL FUND $79,244.98 PARKING AUTHORITY $31,625.88 WATER FUND $ 679.11 CAPITAL PROJECTS – 2017 Improvements $ 2,748.90 TOTAL $114,298.87 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. 2024-172 – APPROVE A STREET CLOSURE FOR THE 26TH ANNUAL ROCKLAND PRIDE SUNDAY EVENT ON JUNE 8, 2025 The following resolution was offered by Trustee Riobe-Taylor, seconded by Trustee Lightfoot- Cooper RESOLVED that the Nyack Village Board of Trustees approves crosswalk repainting at the Village’s cost for labor at the intersection of Main Street and Broadway, and a street closure for the 26th Annual Rockland Pride Sunday event, to be held on June 8, 2025, including South Broadway from Cedar Hill Avenue to New Street, and Main Street from Broadway to Franklin Street, 11 AM – 5 PM, subject to submission of insurance. 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 2 of 13 RESOLUTION NO. 2024-173 – APPROVING A PERMIT APPLICATION FOR A STREET CLOSURE ON S. FRANKLIN ST FOR BLOCTOBERFEST ON SEPTEMBER 20, 2025 The following resolution was offered by Trustee Lightfoot-Cooper, seconded by Trustee Jean- Gilles 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, September 20, 2025, 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 RESOLUTION NO. 2024-174 – APPROVING A CLOSURE OF THE ARTOPEE VILLAGE PARKING LOT FOR A DRIVE-IN MOVIE EVENT 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 an application from Matthew Seig of Rivertown Film Society, to close the Artopee parking lot for a drive-in film art event and use of Hezekiah Easter Square for related programming, Sunday, August 17, 2025 (rain date: Sunday, August 24), from 6:30 PM to 11:00 PM, contingent on sponsor providing adequate insurance indemnifying the Village, without reimbursement of Village staff cost. 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 3 of 13 RESOLUTION NO. 2024-175 – APPROVING THE SCHEDULING OF A PUBLIC HEARING ON JANUARY 23, 2025, AT 8:00 PM TO AMEND ARTICLE VII (PARKING, STANDING AND STOPPING), OF THE CODE OF THE VILLAGE OF NYACK, SO AS TO ADD A NEW §330-53a REGULATING AND RESTRICTING SPACES TO BE DESIGNATED AND RESERVED FOR ELECTRIC VEHICLES (EV) ONLY The following resolution was offered by Trustee Lightfoot-Cooper, seconded by Trustee Jean- Gilles RESOLVED, the Nyack Village Board approves the scheduling of a Public Hearing on January 23, 2025, at 8:00 PM to amend Article VII (Parking, Standing and Stopping), of the Code of the Village of Nyack, so as to add a new §330-53a Regulating and Restricting Spaces to be Designated and Reserved for Electric Vehicles (EV) Only. 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. 2024-176 – APPROVING LOCATIONS OF PARKING SPACES DESIGNATED FOR EVs ONLY The following resolution was offered by Trustee Riobe-Taylor, seconded by Trustee Lightfoot- Cooper RESOLVED, the Nyack Village Board approves the designation of four parking spaces on the west side of Veteran’s parking lot, and six parking spaces on the east side of Spear St lot abutting the town sewer pump station, as reserved for Electric Vehicles (EV) only. 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. 2024-177 – APPROVING A PERMIT APPLICATION FOR AN EVENT IN MEMORIAL PARK BY PENGUIN PLUNGE Page 4 of 13 The following resolution was offered by Trustee Riobe-Taylor, seconded by Trustee Lightfoot- Cooper. RESOLVED, that the Nyack Village Board of Trustees approves an application for Park Use by Barbara Noyes of the Penguin Plunge for a charitable event at the old boat launch and the gazebo in Memorial Park, 12 noon – 2 PM on Sunday, March 2, 2025, subject to the submission of the appropriate insurance certificate . 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. 2024-178 – 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 5 of 13 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 6 of 13 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. Trustee Carlin – How come Nyack Housing Authority hasn’t cooperated in getting us information? Trustee Jean-Gilles – Some of the buildings are younger than 1974. Administrator Stewart – They don’t always respond to the request. Don Hammond – New Housing Board members. Hoping to be more accountable and forthcoming with information. Trustee Jean-Gilles – Donna has been attending all meetings. Don Hammond – Donna has been a great representative and liaison. Mayor Rand – I would like to take a tour of all these buildings. On roll call the vote was a follows: Trustee Jean-Gilles . . . . . . . No Trustee Riobe-Taylor . . . . Yes Trustee Lightfoot-Cooper . . No Mayor Rand . . . . . . . . . . . Yes Trustee Carlin. . . . . . . . . . . No* *Upon further consideration, Trustee Carlin changed his prior vote of “Yes”. RESOLUTION NO. 2024-179 – ACCEPT ARPA SPENDING REPORT FROM VILLAGE TREASURER The following resolution was offered by Trustee Riobe-Taylor, seconded by Trustee Jean-Gilles. RESOLVED, the attached report summarizes the spending of $733,946.52 in federal ARPA funds between receipts of the funds on August 31, 2021 and disposal of all funds by December 31, 2026, on capital projects and other non-budgeted expenditures in the Village of Nyack that were not funded in approved budgets. 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. 2024-180 – AMEND THE MASTER FEE SCHEDULE TO INSERT FEE FOR PAYMENT IN LIEU OF CONSTRUCTION OF AFFORDABLE HOUSING Page 7 of 13 UNITS AS PER NYACK VILLAGE CODE SECTION 120 AFFORDABLE AND WORKFORCE HOUSING The following resolution was offered by Trustee Riobe-Taylor, seconded by Trustee Lightfoot- Cooper. WHEREAS, the Nyack Village Board amended Nyack Village Code Section 120 Affordable and Workforce Housing on April 13, 2023, including language stating the fee for payment in lieu of construction of required affordable units would be set by resolution of the Village Board amending the Master Fee Schedule, RESOLVED, the Nyack Village Board approves a fee of $100,000 per unit for payment in lieu of construction of affordable units required under Nyack Village Code Section 120 Affordable and Workforce Housing, and directs staff to amend and publish the Master Fee Schedule to reflect this change. Trustee Carlin – Suggests fee be raised to $120,000. Affordable housing fund – what is acct balance? It’s just sitting? Administrator Stewart – A little over $100,000. Very little being used. Trustee Lightfoot-Cooper – That’s a concern of mine as well. Are we going to have a meeting to talk about that money and what we plan on doing with it? I would like to have a meeting within the next year. Administrator Stewart – Meetings did take place in 2023 when we had a major revision. We can have a presentation again. 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. 2024-181 – APPROVING MAYOR’S APPOINTMENT OF DON HAMMOND TO THE BOARD OF NYACK HOUSING AUTHORITY The following resolution was offered by Trustee Riobe-Taylor, seconded by Trustee Jean-Gilles. WHEREAS, the Mayor hereby appoints Don Hammond as a member of the Board of the Nyack Housing Authority, effective January 1, 2025, for a term of five years as per Section 4. Membership of the Bylaws of the Village of Nyack Housing Authority, to expire in January of 2030. RESOLVED, that the Mayor’s appointment of Don Hammond as a member of the Board of the Nyack Housing Authority is hereby approved. Page 8 of 13 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. 2024-182 – APPROVES ADDITIONAL FUNDING FOR THE RESIDENTIAL SIDEWALK REPAIR INCENTIVE PROGRAM The following resolution was offered by Trustee Lightfoot-Cooper, seconded by Trustee Jean- Gilles. WHEREAS, the FY 2024-2025 budget allocated $25,000 to the residential Sidewalk Incentive Program, to encourage the repair of defective sidewalks in residential areas, and this funding is fully spent or committed with existing applications, WHEREAS, the Village Code Enforcement program is inspecting properties for various code compliance issues and issuing notices to owners of defective sidewalks, thereby increasing the demand for the Sidewalk Incentive Program, RESOLVED, the Village Board of Trustees approves $25,000 in additional funding for the residential Sidewalk Incentive 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. 2024-183 – APPROVES THE PROPOSED MEETING SCHEDULE FOR LAND USE BOARD IN 2025 The following resolution was offered by Trustee Riobe-Taylor, seconded by Trustee Lightfoot- Cooper. RESOLVED, the Nyack Village Board approves the schedule for land use board meetings listed below: Page 9 of 13 JANUARY JULY 01/06/2025 – PB – deadline 12/16 07/07/2025 – PB – deadline 6/17 01/15/2025 – ARB - deadline 12/20 07/16/2025 – ARB – deadline 6/26 01/27/2025 - ZBA - deadline 1/7 07/28/2025 – ZBA – deadline – 7/8 FEBRUARY AUGUST 02/03/2025 – PB – deadline 1/14 NO MEETINGS 02/19/2025 – ARB - deadline 1/31 02/24/2025 – ZBA - deadline 2/4 MARCH SEPTEMBER 03/03/2025 – PB – deadline 2/11 09/08/2025 – PB – deadline 8/19* 03/19/2025 – ARB – deadline 2/27 09/17/2025 – ARB – deadline 8/28 03/31/2025 – ZBA – deadline 3/11 09/29/2025 – ZBA – deadline 9/9 *One week late due to Holiday APRIL OCTOBER 04/07/2025 – PB – deadline 3/17 10/06/2025 – PB – deadline 9/16 04/16/2025 – ARB - deadline 3/27 10/15/2025 – ARB – deadline 9/25 04/28/2025 – ZBA - deadline 4/8 10/27/2025 – ZBA – deadline – 10/7 MAY NOVEMBER 05/05/2025 – PB – deadline 4/15 11/03/2025 – PB – deadline 10/14 05/19/2025 – ZBA - deadline 4/30* 11/19/2025 – ARB – deadline 10/30 05/21/2025 – ARB - deadline 5/1 11/24/2025 – ZBA – deadline 11/4 *Out of order due to holiday JUNE DECEMBER 06/02/2025 – PB – deadline 5/13 12/01/2025 – PB – deadline 11/11 06/18/2025 – ARB - deadline 5/29 12/17/2025 – ARB – deadline 11/25 06/30/2025 – ZBA - deadline 6/10 NO ZBA 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 10 of 13 RESOLUTION NO. 2024-184 – APPROVING A PERMIT APPLICATION FOR STREET CLOSURES ON NORTH BROADWAY FOR TWO EVENTS BY MAUREEN’S JAZZ CELLAR 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 closure of N. Broadway for music events, free to the public, sponsored by Maureen’s Jazz Cellar, on the following dates, contingent on sponsor providing adequate insurance indemnifying the Village and reimbursing the Village the costs of event support staff and lost parking revenues, as applicable. 1. Dancing in the Streets- Saturday May 10 (rain date May 17) 5 pm-10 pm – closure from Main Street to High Avenue 2. Nyack Jazz Festival- Sunday Sept. 21 (rain date- Sept. 28) 1 pm- 6pm – closure from Main Street to New Street 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. 2024-185 – RESOLUTION OF THE NYACK VILLAGE BOARD APPROVING A STREET CLOSURE FOR SATURDAY, JUNE 7, 2025 FOR THE AFRICAN AMERICAN DAY PARADE The following resolution was offered by Trustee Jean-Gilles, seconded by Trustee Riobe-Taylor. RESOLVED, the Board of Trustees of the Village of Nyack approves a street closure for the African American Day Parade from 12 PM to 1 PM, and activities in Memorial Park from 1 PM to 5:00 PM, for June 7, 2025, with a rain date of Saturday, June 14, 2025. 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 – Meeting January 13, 7:30 PM Page 11 of 13 Village Administrator – Michele Whalen getting Nyack High School Orchestra to play this coming weekend and the drama club is creating gingerbread decorations around the kiosk at the farmer’s market; Sustainability grant has been approved; DPW roof project going out to bid soon; construction of DPW culvert going really well; water main replacement project coming along. OLD BUSINESS Hospital area parking memo and discussion Mayor Rand – Village wants to explore a permit parking system for area around hospital. We will follow- up with the residents in the immediate area to discuss. Administrator Stewart – We’ll schedule a workshop for 1/23/25. Trustee Jean-Gilles – Recommends touching base with Assemblyman Carroll’s office. Community Forum on Quality of Life/Indigency - 1/13/25 Mayor Rand – Removing benches and new legislation has made an impact. Trustee Carlin – Making an effort to inform about the warming centers. Appears to be helping. NEW BUSINESS Mayor’s Health Initiative – Incentivizing Staff Health Screenings Mayor Rand – Promotes early detection of health matters. The village cares and we want our staff to be healthy. With Board approval we will launch in the new year. Trustee Lightfoot-Cooper – Would like to see more done to increase staff moral. Important to have screenings done. Trustee Jean-Gilles – Is there an alternative option to receive the benefit? Some aren’t old enough to get certain cancer screenings. Mental health should be included. Zoning – Area of St Ann’s Church, School and Grace Church Mayor Rand – Proposing we expand the multifamily district to include these properties. If not, would limit potential buyers. COMMUNICATIONS Barbara Noyes, Penguin Plunge PUBLIC COMMENT Josh Litle – Massive rat problem on Bridge Street. Alley space has dozens of rat holes. Rats have been seen everywhere, inside and out throughout the village. Not enough space for businesses to provide more containers. Administrator Stewart – Conversation with building inspector. Hope to reduce food source. Trash needs to be in tightly covered receptacles. Code Enforcement working on ways to rectify. Building owners/landlords need to do pest control. Trustee Lightfoot-Cooper – If landlords don’t comply can the building department address? Board of Health? Administrator Stewart – We need to look closely at best practices. May be legislative areas that need tweaking to assist our building department with enforcement. Page 12 of 13 Trustee Carlin – Restaurant owners showed me dumpsters with overflowing garbage and lids open. Code should require bldg. and business owners to contract with private carter and pest control. Trustee Lightfoot-Cooper – Problem happening in residences as well. Head Start playground area as well. Will building department be getting in touch with owners if not in compliance? Administrator Stewart – Will have Building Inspector come and discuss. Trustee Carlin – Nyack Brook is a contributor. Any way to do some type of remediations with pest control? Administrator Stewart – Not sure. Mayor Rand – We have to figure out a prevention plan. Action needs to be taken. We need to be assertive with business and building owners as well. If it requires new legislation we will address. Don Hammond – Karl Dubuisson would like the use of the Senior Center on December 24 from 3 PM – 8 PM for their Christmas Toy Drive. Mayor Rand and Board of Trustees – Delegating the Administrator to approve Drew Burke – Can’t understand why the village parking authority can’t issue tickets to the west side of Pine Street. EXECUTIVE SESSION Motion by Trustee Riobe-Taylor, seconded by Trustee Jean-Gilles to enter into executive session at 9:09 PM. Motion by Mayor Rand, seconded by Trustee Lightfoot-Cooper to end executive session at 9:50 PM. Motion carried unanimously. ADJOURNMENT Meeting adjourned in memory of Marie Lorenzini, Kieran Quinn, and James Leiner. Motion offered by Trustee Lightfoot-Cooper, seconded by Trustee Jean-Gilles. Motion carried unanimously. VILLAGE CLERK Page 13 of 13

Agenda

Village of Nyack Village Hall, 9 North Broadway, Nyack, NY 10960 Meeting of the Village Board of Trustees December 12, 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 – Moment of silence for Marie Lorenzini 3. Public Comment on Any Topic (1-3 minutes depending on the quantity of speakers) 4. Presentations 5. Public Hearings 6. Adoption of Minutes – minutes from 11/14/2024 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 IN THIS AGENDA IS NOT, IN ANY WAY, DETERMINATIVE OF A DECISION, IF ANY, TO BE MADE BY THE BOARD. 7.1 Resolution No. 2024-171 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 December 12, 2024. RESOLVED, that General Fund Claims set forth on pages 1 through 14 in the amounts of General fund - $79,844.98 1 Parking – $31,645.88 Water – $679.11 Capital Projects – 2017 Improvements $2,748.90 Trust and Agency $1,607.79 TOTAL: $116,526.66 7.2 Resolution No. 2024-172 - Resolution of the Nyack Village Board of Trustees to Approve a Street Closure for the 26th Annual Rockland Pride Sunday Event on June 8, 2025. RESOLVED that the Nyack Village Board of Trustees approves crosswalk repainting at the Village’s cost for labor at the intersection of Main Street and Broadway, and a street closure for the 26th Annual Rockland Pride Sunday event, to be held on June 8, 2025, including South Broadway from Cedar Hill Avenue to New Street, and Main Street from Broadway to Franklin Street, 11 AM – 5 PM, subject to submission of insurance. 7.3 Resolution No. 2024-174 Resolution of the Nyack Village Board Approving a Permit Application for a Street Closure on S. Franklin St for Bloctoberfest, on September 20, 2025 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, September 20, 2025, 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. 7.4 Resolution No. 2024-175 Resolution of the Nyack Village Board Approving a Closure of the Artopee Village Parking Lot for a Drive-In Movie Event RESOLVED, the Board of Trustees of the Village of Nyack approves an application from Matthew Seig of Rivertown Film Society, to close the Artopee parking lot for a drive-in film art event and use of Hezekiah Easter Square for related programming, Sunday, August 17, 2025 (rain date: Sunday, August 24), from 6:30 PM to 11:00 PM, contingent on sponsor providing adequate insurance indemnifying the Village, without reimbursement of Village staff cost. 7.5 Resolution No. 2024-176 Resolution of the Nyack Village Board Approving the Scheduling of a Public Hearing on January 23, 2025, at 8:00 PM to Amend Article VII (Parking, Standing and Stopping), of the Code of the Village of Nyack, so as to Add a New §330-53a Regulating and Restricting Spaces to be Designated and Reserved for Electric Vehicles (EV) Only RESOLVED, the Nyack Village Board approves the scheduling of a Public Hearing on January 23, 2 2025, at 8:00 PM to amend Article VII (Parking, Standing and Stopping), of the Code of the Village of Nyack, so as to add a new §330-53a Regulating and Restricting Spaces to be Designated and Reserved for Electric Vehicles (EV) Only. 7.6 Resolution No. 2024-177 Resolution of the Nyack Village Board Approving Locations of Parking Spaces Designated for EVs Only RESOLVED, the Nyack Village Board approves the designation of four parking spaces on the west side of Veteran’s parking lot, and six parking spaces on the east side of Spear St lot abutting the town sewer pump station, as reserved for Electric Vehicles (EV) only. 7.7 Resolution No. 2024-178 - Resolution of the Nyack Village Board of Trustees Approving a Permit Application for an Event in Memorial Park by Penguin Plunge. RESOLVED that the Nyack Village Board of Trustees approves an application for Park Use by Barbara Noyes of the Penguin Plunge for a charitable event at the old boat launch and the gazebo in Memorial Park, 12 noon – 2 PM on Sunday, March 2, 2025, subject to the submission of the appropriate insurance certificate. 7.8 Resolution No. 2024-179: Resolution of the Board of Trustees of the Village of Nyack, to Accept the Vacancy Survey Report Conducted by the Village Administrator, Relating to the Emergency Tenant Protection Act’s Declaration of Housing Emergency 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. 3 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 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. 4 7.9 Resolution No. 2024-180: Resolution of the Board of Trustees of the Village of Nyack, to Accept ARPA Spending Report from Village Treasurer RESOLVED, the attached report summarizes the spending of $733,946.52 in federal ARPA funds between receipts of the funds on August 31, 2021 and disposal of all funds by December 31, 2026, on capital projects and other non-budgeted expenditures in the Village of Nyack that were not funded in approved budgets. 7.10 Resolution No. 2024-181: Resolution of the Board of Trustees of the Village of Nyack, to Amend the Master Fee Schedule to Insert Fee for Payment in Lieu of Construction of Affordable Housing Units as per Nyack Village Code Section 120 Affordable and Workforce Housing WHEREAS, the Nyack Village Board amended Nyack Village Code Section 120 Affordable and Workforce Housing on April 13, 2023, including language stating the fee for payment in lieu of construction of required affordable units would be set by resolution of the Village Board amending the Master Fee Schedule, RESOLVED, the Nyack Village Board approves a fee of $100,000 per unit for payment in lieu of construction of affordable units required under Nyack Village Code Section 120 Affordable and Workforce Housing, and directs staff to amend and publish the Master Fee Schedule to reflect this change. 7.11 Resolution No. 2024-182: Village of Nyack Board of Trustees Resolution Approving Mayor’s Appointment of Don Hammond to the Board of the Nyack Housing Authority WHEREAS, the Mayor hereby appoints Don Hammond as a member of the Board of the Nyack Housing Authority, effective January 1, 2025, for a term of five years as per Section 4. Membership of the Bylaws of the Village of Nyack Housing Authority, to expire in January of 2030. RESOLVED, that the Mayor’s appointment of Don Hammond as a member of the Board of the Nyack Housing Authority is hereby approved. 7.12 Resolution No. 2024-183: Village Board of Trustees Approves Additional Funding for the Residential Sidewalk Repair Incentive Program WHEREAS, the FY 2024-2025 budget allocated $25,000 to the residential Sidewalk Incentive Program, to encourage the repair of defective sidewalks in residential areas, and this funding is fully spent or committed with existing applications, WHEREAS, the Village Code Enforcement program is inspecting properties for various code compliance issues and issuing notices to owners of defective sidewalks, thereby increasing the demand for the Sidewalk Incentive Program, 5 RESOLVED, the Village Board of Trustees approves $25,000 in additional funding for the residential Sidewalk Incentive Program. 7.13 Resolution No. 2024-184: Village Board of Trustees Approves the Proposed Meeting Schedule for Land Use Boards in 2025 RESOLVED, the Nyack Village Board approves the schedule for land use board meetings listed below: JANUARY JULY 01/06/2025 – PB – deadline 12/16 07/07/2025 – PB – deadline 6/17 01/15/2025 – ARB - deadline 12/20 07/16/2025 – ARB – deadline 6/26 01/27/2025 - ZBA - deadline 1/7 07/28/2025 – ZBA – deadline – 7/8 FEBRUARY AUGUST 02/03/2025 – PB – deadline 1/14 NO MEETINGS 02/19/2025 – ARB - deadline 1/31 02/24/2025 – ZBA - deadline 2/4 MARCH SEPTEMBER 03/03/2025 – PB – deadline 2/11 09/08/2025 – PB – deadline 8/19* 03/19/2025 – ARB – deadline 2/27 09/17/2025 – ARB – deadline 8/28 03/31/2025 – ZBA – deadline 3/11 09/29/2025 – ZBA – deadline 9/9 *One week late due to Holiday APRIL OCTOBER 04/07/2025 – PB – deadline 3/17 10/06/2025 – PB – deadline 9/16 04/16/2025 – ARB - deadline 3/27 10/15/2025 – ARB – deadline 9/25 04/28/2025 – ZBA - deadline 4/8 10/27/2025 – ZBA – deadline – 10/7 MAY NOVEMBER 05/05/2025 – PB – deadline 4/15 11/03/2025 – PB – deadline 10/14 05/19/2025 – ZBA - deadline 4/30* 11/19/2025 – ARB – deadline 10/30 05/21/2025 – ARB - deadline 5/1 11/24/2025 – ZBA – deadline 11/4 *Out of order due to holiday 6 JUNE DECEMBER 06/02/2025 – PB – deadline 5/13 12/01/2025 – PB – deadline 11/11 06/18/2025 – ARB - deadline 5/29 12/17/2025 – ARB – deadline 11/25 06/30/2025 – ZBA - deadline 6/10 NO ZBA 7.14 Resolution No. 2024-185 Resolution of the Nyack Village Board Approving a Permit Application for Street Closures on North Broadway for Two Events by Maureen’s Jazz Cellar RESOLVED, the Board of Trustees of the Village of Nyack approves the closure of N. Broadway for music events, free to the public, sponsored by Maureen’s Jazz Cellar, on the following dates, contingent on sponsor providing adequate insurance indemnifying the Village and reimbursing the Village the costs of event support staff and lost parking revenues, as applicable. 1. Dancing in the Streets- Saturday May 10 (rain date May17) 5 pm-10 pm – closure from Main Street to High Avenue 2. Nyack Jazz Festival- Sunday Sept. 21 (Raindate- Sept. 28) 1 pm- 6pm – closure from Main Street to New Street 8. Department Reports to the Board of Trustees (based on availability) 7.1 Orangetown Police Department 7.2 Village Administrator 7.3 Village Clerk 7.4 Village Treasurer 8. Old Business 8.1 Hospital area parking memo and discussion 8.2 Community Forum on Quality of Life/Indigency - 1/13/24 9. New Business 9.1 Mayor’s Health Initiative – Incentivizing Staff Health Screenings 9.2 Zoning – area of St Ann’s Church, School and Grace Church. 7 10. Communications 10.1 Barbara Noyes, Penguin Plunge 11. Public Comment on Any Topic (1-3 minutes depending on the quantity of speakers) 12. Executive Session 13. Adjournment - in Memory of Marie Lorenzini, Nyack Trustee. 8

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