Village Board of Trustees Meeting

Minutes of the Regular Meeting of the Village of Nyack Board of Trustees held at 7:30 on Thursday, July 20, 2023 Present Don Hammond Mayor Joseph Rand Deputy Mayor Trustee Donna Lightfoot-Cooper Trustee Pascale Jean-Gilles Trustee Also Present Andrew Stewart Village Administrator Jennifer Hetling Village Clerk/Treasurer Dennis Michaels Village Attorney Absent Marie Lorenzini Trustee Meeting called to order at 7:31pm Pledge of Allegiance Adoption of Minutes – June 29, 2023 – Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to accept the minutes of 6/29/2023 as presented. The motion was approved by a vote of 4-0-1 (Trustee Lorenzini absent). Public Hearing – 7:30 PM Continuation of previously opened public hearing on cell tower construction proposal at property owned by the Village of Nyack located at 230 Route 59, West Nyack, NY 10994 (Water Department) Public Comment – David Kenny – Attorney representing Homeland Towers – explained the tower proposal. Joe Carlin – Asked what the monetary benefit to the Village was. Administrator Stewart explained it depends on the carriers on the tower but its currently estimated to be about 30k-40k annually. Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to close the public hearing at 7:42 pm. Motion passed by a vote of 4-0-1 (Trustee Lorenzini absent). 8:00 PM Public Hearing on proposed amendments to Chapter 187 (Filming) of the code of the Village of Nyack Motion by Donna Lightfoot-Cooper, seconded by Joseph Rand to open the public hearing at 8:06pm. Motion passed by a vote of 4-0-1 (Trustee Lorenzini absent). Public Comment – Joe Carlin – Asked if the midnight cutoff on filming includes breakdown of equipment. Attorney Michaels replied that everything must be cleaned up by midnight. Public hearing will remain open until August 10, 2023 at 8pm. Public Comments on Action Items – None Resolution No. 2023-108 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 July 20, 2023. RESOLVED, that General Fund Claims set forth on pages 1 through 14 in the amounts of General Fund– $117,430.99 Parking Fund – $48,894.09 Water Fund – $27,397.67 Capital Projects – $184,371.61 Capital H1 - $93,052.50 Motion by Joseph Rand, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lorenzini absent) Resolution No. 2023-109 Resolution of the Nyack Village Board Accepting the 2023 Annual Report in Accordance with the MS4 (Municipal Separate Storm Sewer System) Reporting Requirements RESOLVED, that the Nyack Village Board of Trustees accepts the MS4 Annual Report for SPEDES Permit Number NYR20A166 as written for submission to the NYS DEC. Motion by Pascale Jean-Gilles, seconded by Joseph Rand to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lorenzini absent) Resolution No. 2023-110 Resolution of the Nyack Village Board Approving Submission of Grant Application for Mapping of MS4 WHEREAS, The Board of Trustees of the Village of Nyack deems it to be in the public interest and benefit to authorize and direct Don Hammond, as Mayor of the Village of Nyack, New York, to file an application for funds under the Consolidated Funding Application Program to the New York State Department of Environmental Protection to complete elements of the MS4 Mapping of the storm conveyance system RESOLVED, That Don Hammond, Mayor of the Village of Nyack, is authorized to submit a Consolidated Funding Application to the New York State Department of Environmental Protection MS4 Mapping Grant program That the Village of Nyack agrees that it will fund its portion of the cost of the Project and that these funds will be available to initiate the Project's work upon execution of a contract with the Department of Environmental Conservation. Motion by Joseph Rand, seconded by Donna Lightfoot-Cooper to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lorenzini absent) Resolution No. 2023-111 Resolution of the Nyack Village Board Scheduling Parking Authority Meeting for August 10, 2024, 7:00 PM. RESOLVED, the Board of Trustees of the Village of Nyack schedules a Parking Authority meeting for Thursday, August 10, 2023 at 7:00 PM Motion by Donna Lightfoot-Cooper, seconded by Joseph Rand to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lorenzini absent) Resolution No. 2023-112 Resolution of the Nyack Village Board Authorizing the Implementation, and Funding in the First Instance 100% of the Federal-Aid and State "Marchiselli" Program-Aid Eligible Costs, of a Transportation Federal-Aid Project, and Appropriating Funds Therefore. WHEREAS, a Project for the Safe Routes to the Nyack Middle School in the Village of Nyack, Rockland County, PIN 8762.47 (the “Project") is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds; and WHEREAS, Resolution No. 2019-63 adopted by the Village of Nyack on 08/08/2019 approved and agreed to advance the Project by making a commitment of 100% of the non-federal share of the costs of preliminary engineering and right-of-way incidental work. WHEREAS, Resolution No. 80 of 2022 adopted by the Village of Nyack on 6/9/2022 approved and agreed to advance the Project by making a commitment of 100% of the non-federal share of the additional costs of the right-of-way acquisition work. WHEREAS, it was subsequently found necessary to undertake additional right-of-way incidental and right-of-way acquisition work not contemplated in the original agreement authorized by the previous Resolution; and WHEREAS, it has been found necessary to increase the federal and non-federal share of costs for the additional right-of-way incidental and right-of-way acquisition work for the project; and NOW, THEREFORE, the Nyack Village Board, duly convened does hereby RESOLVE, that the Nyack Village Board hereby approves the above-subject project; and it is hereby further RESOLVED, that the Nyack Village Board hereby authorizes the Village of Nyack to pay in the first instance 100% of the federal and non-federal share of the cost of the additional right-of-way incidental and right-of-way acquisition work for the Project or portions thereof; and it is further RESOLVED, that the sum of $249,000 ($1,059,000 minus previous $810,000) is hereby appropriated from the General Fund and made available to cover the cost of participation in the above phases of the Project; and it is further RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Nyack Village Board shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the Village Administrator thereof, and it is further RESOLVED, that the Nyack Village Administrator be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or applicable Marchiselli Aid on behalf of the Village of Nyack with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first instance funding of project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and it is further RESOLVED, that in addition to the Village Administrator, the following municipal titles: Mayor, Village Engineer, Village Clerk are also hereby authorized to execute any necessary Agreements or certifications on behalf of the Municipality/Sponsor, with NYSDOT in connection with the advancement or approval of the project identified in the State/Local Agreement; RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and it is further RESOLVED, this Resolution shall take effect immediately. Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lorenzini absent) Resolution No. 2023-113 Resolution of the Nyack Village Board Recognizing Village Historian Carol Weiss for Exemplary Service 2006 to 2012. RESOLVED, the Board of Trustees of the Village of Nyack gratefully acknowledges the contributions of Village Historian Carol Weiss, from 2006 to 2012, to public appreciation of Nyack’s unique origins and development as a historic Hudson River community. Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lorenzini absent) Resolution No. 2023-114 Resolution of the Nyack Village Board Approving a Permit Application for an Event in Memorial Park by Morgana. RESOLVED, the Board of Trustees of the Village of Nyack approves an application for Park Use by Morgana for a DJ music event at Gazebo on Saturday July 22, 2023, 5-9 PM, (rain date August 5, 2023) subject to provision of appropriate insurance certificate. Motion by Pascale Jean-Gilles, seconded by Joseph Rand to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lorenzini absent) Resolution No. 2023-115 Resolution of the Nyack Village Board issuing Negative Declaration, Monroe Zoning Exemption, and Authorizing the Village of Nyack to Enter into a Lease with Homeland Towers, LLC for Village Owned Property Located at 230 Route 59, West Nyack, NY 10994 WHEREAS, the Village of Nyack (“Village”) owns property located at 230 Route 59, West Nyack, New York, 10994 which has a tax identification number of 65.05-2-1 (“Property”) in the LIO Zoning District located in the Town of Clarkstown (“Town”); and WHEREAS, the Village desires to lease a portion of the Property to Homeland Towers, LLC for the purpose of constructing, establishing, and maintaining a wireless telecommunications facility which will include an approximately 140-foot tall wireless telecommunications facility monopole tower with an approximate 3,000 square foot fenced multi-carrier equipment compound at the base thereof, for its use and that of its subtenants, licensees and customers, which facility includes a tower and associated facilities, including radio transmitting and receiving antennas, communications equipment, and related cables, wires, conduits, air conditioning equipment and other appurtenances, as shown on a certain plan for said purpose as submitted to the Village (hereinafter referred to as the “Facility”); and WHEREAS, the Town of Clarkstown has stated its support for the Village’s approval of the Facility on the Property and issued letters attesting to same; WHEREAS, the Village Board of Trustees finds that it is in the best interest of the Village to lease a portion of the Property with access, as set forth in a certain Lease, a copy of which is included with the applications submitted, and as shown on the aforementioned plan, (hereinafter referred to as the “Lease Area”) to Homeland Towers, LLC, a New York limited liability company having a place of business at 9 Harmony Road, 2nd Floor, Danbury, Connecticut 06810; and WHEREAS, in accordance with Article 8 of the Environmental Conservation Law (the State Environmental Quality Review Act) and 6 NYCRR Part 617 of the implementing regulations, the proposed action has been determined to be a Type 1 Action; and WHEREAS, the following items were reviewed by the Village Board of Trustees and the Village’s professional review staff in making the determinations herein: Proposed Lease; Full Environmental Assessment Form; EBI Letter Regarding No Archeological Impacts and No Impacts to Wildlife; Ecological Solutions Wetland Delineation Letter; Visual Resource Assessment; Radio Frequency Justification Report; Supplemental Radio Frequency Justification Letter from Verizon Wireless; Alternative Site Analysis; Radio Frequency Exposure Analysis; Structural Certification Letter; and Zoning Drawings for the proposed Facility. WHEREAS, on March 9, 2023 the Village Board of Trustees at a public meeting declared its intent to serve as Lead Agency for a coordinated review of the project and circulated such notice of intent to all potential Involved and Interested Agencies, which include as follows: 1) Town of Clarkstown; 2) Town of Clarkstown Planning Board; 3) Town of Clarkstown Zoning Board of Appeals; 4) Rockland County Planning Board. WHEREAS, with more than 30 days having passed since the Village Board of Trustees circulated its intent to be Lead Agency to all involved and interested agencies, and none of the above listed Involved or Interested Agencies having objected to the Village Board of Trustees being Lead Agency and no comments having been received, the Village Board of Trustees on May 25, 2023 declared itself Lead Agency for the purposes of SEQRA; and WHEREAS, the Village Board held a public hearing on July 20, 2023 to review the proposed action, which includes both entering into the aforementioned Lease and the construction and operation of the proposed wireless facility; and WHEREAS, The Facility is proposed on Village-owned property located within the Town and pursuant to New York State law, projects proposed on Village-owned property located in another municipality, may be afforded immunity from local land use regulations. See Matter of County of Monroe v City of Rochester, 72 N.Y.2d 338 (1988); and WHEREAS, County of Monroe establishes the following nine (9) factors for consideration when balancing the interests of the public and the governmental entity: 1) The nature and scope of the instrumentality seeking immunity; 2) The encroaching governmental entity’s legislative grant of authority; 3) The kind of function or land use involved; 4) The effect local land use regulation would have upon the enterprise concerned; 5) Alternative locations for the facility in less restrictive zoning areas; 6) The impact upon legitimate local interests; 7) Alternative methods of providing the proposed improvement; 8) The extent of the public interest to be served by the improvements; and 9) The intergovernmental participation in the project development process and an opportunity to be heard; and NOW, THEREFORE, be it RESOLVED, that the Village Board of Trustees, as Lead Agency, issues a negative declaration of significance pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law, in that it has determined that the proposed action, entering into the aforementioned Lease and the construction and operation of the proposed Facility, will not have a significant environmental impact and that a Draft Environmental Impact Statement will not be prepared; and FURTHER RESOLVED, that the Village Board of Trustees makes the following findings in support of its Negative Declaration: The Proposed Action will result in no impacts to ground or surface water quality, air quality, ambient noise levels or public utility service because the Facility will not produce any smoke, gas, odor, heat, dust, noise above ambient levels, fumes, vibrations or flashing lights; and the Facility will not generate solid waste, waste water or sewage, will not require water supply or waste disposal, and will not attract insects, vermin or other vectors; The project will not result in any potential health effects to humans and will not cause any electrical interference for surrounding residences because the Facility will comply with all applicable FCC emission and interference standards and regulations; The project will result in no significant disturbance or impact to wetland areas; The project will have no impact on area roadway operating conditions because it will result in no significant traffic generation since the proposed use is unmanned requiring infrequent maintenance visits of approximately once per month; The project will not result in a significant visual impact because the proposed Facility will be sited on a large 9.9 acre property with tall vegetation and existing public utility uses, distant from adjoining uses; The Facility design will promote the co-location of antennas and, therefore, discourage the proliferation of new towers; The project will not result in the removal of significant quantities of vegetation or fauna, will not adversely affect any endangered species of plants or animals, and will not result in any significant adverse impacts to natural resources; The project will not create a substantial change in use, or intensity of use of land or other natural resources or the area’s capacity to support existing uses because of its location at a property owned and operated by the Village and because the Facility will not produce any smoke, gas, odor, heat, dust, noise above ambient levels, fumes, vibrations or flashing lights; The project will not result in the creation of a material demand for other actions which would result in one of the above consequences; No significant impacts have been identified as a result of the Proposed Action when assessed in connection to its setting, duration, geography, scope, magnitude and number of people affected; and FURTHER RESOLVED, that in identifying and analyzing the areas of environmental concern, the Village Board of Trustees has examined both the potential impacts of the construction and ultimate development of the project in accordance with the plans and specifications as presented the Village Board of Trustees has reviewed the proposed action and all associated information. The Village Board of Trustees has also reviewed these areas of concern in the context of SEQR Regulations Part 617.7, which sets forth a comprehensive criteria for determining significance, including potential long term, short term and cumulative impacts; and FURTHER RESOLVED, the significance of any likely consequence of this proposed action has been assessed in connection with the setting of the action, the probability of occurrence of any significant effect on the environment, the duration of any such effect, the irreversibility, the geographic scope, the magnitude and the number of people affected; and FURTHER RESOLVED, based upon the evidence before the Village Board of Trustees, the Village Board of Trustees has concluded that the proposed action will not have a significant impact on the environment. The Village Board of Trustees has also determined that the proposed action will not have significant long-term, short-term or cumulative impacts; and FURTHER RESOLVED, the agreement between the parties is for a portion of Village-owned property not presently being utilized by the Village and not anticipated to be needed by the Village over the term of the agreement and the agreement is for fair market value and in the best interests of the Village and its residents. FURTHER RESOLVED, that in furtherance of its determination pursuant to County of Monroe, supra, the Village Board of Trustees makes the following findings: 1. The scope and nature of the instrumentality seeking immunity is such that the Village is a political subdivision of the State of New York, which is tax-funded and self- governing with elected officials, and provides emergency responses, including but not limited to, fires, accidents, medical emergencies, and natural disasters. Therefore, the Village is purely public in nature and is a governmental entity that provides an essential public service. The Village is the owner of the Property, and pursuant to New York State Village Law §1-102, the Village has the power to lease the Property as the purposes of the Village may require, and the Village may determine that the Facility will benefit the residents of the Village as well as those working and traveling in the surrounding areas. Importantly, the Facility has been designed to support public safety communications antennas and equipment of the Village. 2. There is no issue with the encroaching governmental entity because the Town supports the Village in conducting this Monroe balancing test to locate the Facility on the Village-owned Property located within the Town. However, the Village’s legislative grant of authority is directly pursuant to New York State Village Law. 3. The function or land use that is proposed is a public utility personal wireless services telecommunications facility. The Facility will consist of a 140-foot monopole to support federally licensed wireless carriers and emergency service providers. The Facility will serve the public interest, in that it will offer the general public a wireless communications alternative particularly well suited for responding to accidents, natural disasters and for reporting medical emergencies and other dangers such as potential criminal activity. Federally licensed wireless services have been deemed to be essential public services by both New York State and Federal Courts. See Rosenberg, 82 N.Y.2d 364; Cellular One v. Meyer, 607 N.Y.S.2d 81. In Rosenberg, the Court of Appeals, New York’s highest court, held that federally licensed wireless carriers provide an essential public service and are public utilities in the State of New York which should be accorded favored treatment in zoning matters. Moreover, in Cellular Telephone Company v. Town of Oyster Bay, 166 F.3d 490 (2d Cir. 1999), the United States Second Circuit Court of Appeals, citing Rosenberg, held that: “[i]n New York, cellular telephone companies are afforded the status of public utilities.” See Oyster Bay, 166 F.3d at 494 (internal citations omitted).  With respect to telecommunications facilities in general, the courts have routinely recognized a paramount public interest. See e.g., Crown Communication v. City of New Rochelle, 824 N.E.2d 934 (2005) (holding that under the Monroe balancing test, an application for a private wireless provider to co-locate on New York State Department of Transportation (“NYSDOT”) owned telecommunications towers was exempt from local zoning regulations because services being provided by the private carrier benefitted the public); Carpaneto v. Omnipoint Communications, Inc. and New York State Thruway Authority, Index No. 20238/98 (Sup. Ct. Westchester County 3/221999) (holding that the Monroe balancing test tips in favor of an exemption for a cell tower constructed by Omnipoint on New York State Thruway Authority property based on the overriding public interest and the safety and welfare of the traveling public); and Crown Communication New York, Inc. v. Town of Perinton, (Sup. Ct. Ontario County 4/4/2000) (holding that under the Monroe balancing test, the cell tower proposed by the NYSDOT at a Park and Ride facility “will enhance communications and that the benefits of the tower outweigh the interest of the Town in the banning of such projects from its precincts.”). 4. Imposing the Town’s or Village’s local land use regulations on the project would have the effect of unnecessarily delaying an essential public need for immediate and effective emergency response. Nevertheless, imposing the Town or Village Zoning Code would not prohibit the Facility at the Property. 5. There are no alternative locations for the Facility in less restrictive zoning areas as the Facility is expressly authorized on the Property as a special permit use. Given the current usage of the Property and the nearby large water tanks, the proposed Facility has been appropriately located. In addition, an Alternative Site Analysis has been submitted herewith detailing the efforts taken to review alternative properties and the reasons why no other properties are available. Also submitted herewith is a letter from Verizon Wireless detailing additional reasons for the Facility at the Property. 6. The Facility will not have an impact upon the legitimate local interests of the public and there will be no significant adverse environmental impacts from the Facility. First, the Facility will not have a significant adverse visual impact as demonstrated by the Visual Resource Evaluation. No commercial or retail signage is proposed. Second, the Facility will not adversely affect the public health, safety or the general welfare. Therefore, the Facility is not obtrusive, or otherwise disruptive to its neighbors. With respect to health and safety, submitted herewith is an Antenna Site FCC RF Compliance Assessment and Report, certifying that the Facility will comply with the FCC regulations regarding radio frequency exposure. Third, the proposal will have no impact on pedestrian or vehicular traffic, since the proposed use is unmanned requiring infrequent maintenance visits of approximately once per month. Fourth, the Facility will not produce any smoke, gas, odor, heat, dust, noise above ambient levels, fumes, vibrations or flashing lights. Fifth, the Facility will not generate solid waste, waste water or sewage, will not require water supply or waste disposal, and will not attract insects, vermin or other vectors. Sixth, the Facility will not impact wetlands or associated buffer areas, will not impact any archeological sites and will not impact any identified endangered or threatened wildlife. Therefore, there will be no detrimental effect to the physical environment or the neighborhood in connection with the proposal. Seventh, the Facility will be designed in accordance with the applicable structural requirements of the Building Code of New York State, and all other applicable local, state, and federal codes and regulations. 7. There are no feasible alternative methods of providing the proposed improvement. Wireless technology limits the location and type of site necessary to provide the required service. The Property in the instant case, is unique since it is ideally located to remedy a significant gap in reliable wireless coverage, which exists in the surrounding area due to the need to replace the existing Snake Hill site with the proposed Facility, which will allow Verizon Wireless to update its equipment to meet current network needs and remedy the significant gap in service. See RF Justification Report. Therefore, the Facility is necessary to remedy a significant gap in reliable wireless services for Verizon Wireless, as well as other federally licensed carriers and emergency service entities, while creating a minimal intrusion on the community. 8. The Facility will serve the utmost public interest, the neighborhood and benefit the entire community, by offering a wireless telecommunication alternative essential for protecting public health, safety and welfare, particularly by providing mobile access to 911 services. 9. The Town has been provided an opportunity to be heard by having been involved with the project from the very early conception stages and has issued letter(s)/emails in support of the Village locating the Facility on its Property. In addition, the instant request is the subject of a public hearing where all parties have been given an opportunity to be heard. Moreover, the adoption of the Lease Approval, and the corresponding SEQRA Determination have all been publicly noticed, as well as the current public hearing on July 20, 2023. FURTHER RESOLVED, that the Village Board of Trustees determines that the proposed project is exempt from the local land use regulations for the Town of Clarkstown and Village of Nyack in accordance with County of Monroe, except that the Town of Clarkstown shall retain jurisdiction over the issuance of a building permit for the Facility and future modifications. FURTHER RESOLVED, no further local permits or approvals are required other than a building permit from the Town of Clarkstown for the Facility. FURTHER RESOLVED, that the Village Board of Trustees hereby authorizes and approves the lease of the Property with access to Homeland Towers, LLC, upon the terms and conditions contained in the Lease; and FURTHER RESOLVED, that the Village Board of Trustees hereby authorizes the Mayor to execute any and all documents necessary to give effect to this resolution, including authority to sign the Lease with regard to same. Motion by Donna Lightfoot-Cooper, seconded by Joseph Rand to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lorenzini absent) Resolution No. 2023-116 Resolution of the Nyack Village Board Approving a Permit Application for a Street Closure on Fifth Ave on July 22, 2023. RESOLVED, the Board of Trustees of the Village of Nyack approves the closure of the Fifth Ave between N Broadway and westward to just short of the first driveway on the north side, Saturday, July 22, 9 AM - PM, for the purpose of a children’s recreational event hosted by the India Pentecostal Fellowship at 85 Marion St, contingent on sponsor providing adequate insurance indemnifying the Village. Motion by Pascale Jean-Gilles, seconded by Donna Lightfoot-Cooper to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lorenzini absent) Resolution No. 2023-117 Resolution of the Nyack Village Board Approving a Permit Application for a Street Closure on S. Franklin St for Octoberfest, on September 30, 2023 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 30, 2023, 10:30 AM to 6 PM (rain date Saturday, October 21), contingent on sponsor providing adequate insurance indemnifying the Village and reimbursing the Village the costs of event support staff and lost parking revenues. Motion by Joseph Rand, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lorenzini absent) Resolution No. 2023-118 Resolution of the Nyack Village Board Authorizing The Issuance Of Bonds In A Principal Amount Not To Exceed $3,000,0000 To Finance The Construction Of Improvements To The Village Water System, Stating The Estimated Maximum Cost Thereof Is $3,000,000 And Appropriating Said Amount For Such Purpose 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: 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 $3,000,000 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 construction of improvements to the Village water system, including replacement of and/or improvements to water transmission lines and any other ancillary or related work in connection therewith. All or part of the proceeds of the bonds or notes issued pursuant to this resolution are authorized to be used to pay expenditures made in connection with an emergency loan made to the Village by the New York State Environmental Facilities Corporation (EFC) in September 2022, pursuant to the Emergency Financial Assistance Program authorized under New York State Public Authorities Law §1285-t. Section 2. The estimated maximum cost of the project described herein, including preliminary costs and costs incidental thereto and the financing thereof, is $3,000,000 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 $3,000,000 to finance said appropriation, the collection of water fees from users based on metered usage and, to the extent necessary if the amount of water fees collected is insufficient, 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. 1 of the Law, is forty (40) 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. 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. Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lorenzini absent) Resolution No. 2023-119 Resolution of the Nyack Village Board Supporting Mayor’s Appointment of Additional Members to the Nyack Business Council, Tasks to Include Review of Nyack Tourism Grant Applications and Advising the Village Board on its Grant Awards Decisions. RESOLVED, the following individuals, representing Nyack’s diverse business community and geography, are hereby appointed to the Nyack Business Council to aid in the review of tourism grant applications and the advising of the Village Board of Trustees on grant awards decisions: Matt Tobin, Hope Wade, Maria Whittingham, Carl Cameau, Brianne Higgins, Marcella Mazzeo, Terry Clark, Mark Davidoff, Tony Scotto Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lorenzini absent) Public Comment – A resident asked about the status of the vacancy study and the ETPA. Mayor Hammond replied they are still contacting one landlord concerning the vacancy study then there will be a public hearing on the ETPA sometime in September 2023. Reports Village Administrator – - The Hopper House bike tour is this weekend - The Burd St. sidewalk project will start in the next couple of weeks - The repaving of Depew Ave from Memorial Park to South Franklin Ave. will be in early August - The South Broadway sidewalk project will go out to bid soon - The TAP project construction will start on July 31 at First Ave and N Broadway - Nyack Fresh Market has decided not to close the parking lot for the car giveaway - Jazz Festival is this Sunday from noon – 6pm - Summer of Soul outdoor film has been cancelled Request that the September 28th meeting be rescheduled to October 5th. Motion by Donald Hammond, seconded by Pascale Jean-Gilles to approve the meeting change date. Motion passed by a vote of 4-0-1 (Trustee Lorenzini absent). Old Business - Land Use Technical Committee Recommended Tree Ordinance Amendment – set public hearing - Administrator Stewart explained that the Planning Board has routinely approved all tree removal permits and rather than the planning board having to deal with the issue and the applicants having to spend money on that process, the proposal is to make it an administrative decision by the Building Inspector. It would also codify that when a tree to be removed another tree should be planted or there would be a monetary payment to plant a tree in another area of the Village. Marcy Denker and Steve Cea of the Tree Committee spoke about the memo they prepared on this topic. (memo attached) The Village Board decided to hold off on the public hearing until a concensus can be achieved. - Land Use Technical Committee Recommended Sign Ordinance Amendment – set public hearing – The board is not ready to set a public hearing on this item. - Rain date for basketball tournament in Memorial Park hosted by DeQuan Kerr – Saturday, July 29, 2023. – The board approved this request. New Business Downtown Revitalization Committee re-appointment – The existing committee will be reappointed. If there are additional people interested the board will entertain it. Communications - None Public Comment – None Comments from the Village Board Pascale Jean-Gilles – None Donna Lightfoot Cooper – The last Housing Authority meeting was cancelled. There has been an uptick in speeding enforcement but it’s still an issue. Joseph Rand – Congratulations to the Chamber of Commerce on the Classic Car Night. Don Hammond – Congratulations to Visit Nyack for winning the NYS Tourism Award. Adjournment Motion by Joseph Rand, seconded by Pascale Jean-Gilles to adjourn the meeting at 9:02pm. The motion was approved by a vote of 4-0-1 (Trustee Lorenzini absent)