Village Board of Trustees Meeting

There was a reception prior to the meeting honoring Mayor Hammond and Trustee Lorenzini on their many years of service to the Village of Nack. Minutes of the Regular Meeting of the Village of Nyack Board of Trustees held at 7:30 on Thursday, December 14, 2023 Present Don Hammond Mayor Joseph Rand Deputy Mayor Marie Lorenzini Trustee Donna Lightfoot-Cooper Trustee Pascale Jean-Gilles Trustee Also Present Andrew Stewart Village Administrator Dennis Michaels Village Attorney Jennifer Hetling Village Clerk/Treasurer Meeting called to order at 7:31pm Pledge of Allegiance Adoption of Minutes – minutes for 11/09/23 Motion by Marie Lorenzini, seconded by Joseph Rand to accept the minutes of 11/09/23. The motion was approved by a unanimous vote. There was a reception prior to the meeting honoring Mayor Hammond and Trustee Lorenzini on there many years of service to the Village of Nack. Public Hearing, 8:00 PM, to consider the Village's adoption of a Local Law amending Chapter 360 (Zoning) of the Code of the Village of Nyack, so as to allow rooftop dining in the M Zoning District. Motion by Marie Lorenzini, seconded by Pascale Jean-Gilles to open the public hearing at 8:00pm. Motion passed by a unanimous vote. Public Comment – Ira Emmanuel – Attorney for Hotel Nyack – He has reviewed the draft of the local law and there are 3 items he has a concern about. The items relate to dark sky requirements, permanent walls for rooftop dining and that the rooftop dining is a special permit. He asked why there needs to be a special permit for rooftop dining. Mark Esin – design architect for Hotel Nyack – dark sky requirements – he may have an issue finding correct fixtures for walking surfaces and dining surfaces. He would request that the planning board have some authority to review the fixtures individually. The code says the permanent wall has to be 42 inches but the draft local law says 54 inches. He asked if this issue could be left to the planning board as well. Page 1 of 15 Joe Carlin – There are residential areas near the hotel so he asked how they will be affected by the rooftop dining. Motion by Joseph Rand, seconded by Donna Lightfoot-Cooper to close the public hearing at 8:28pm. Motion passed by a unanimous vote. Public Hearing, 8:30 PM, to consider the Village’s application to Community Development Block Grant (CDBG) for grant funding. Motion by Marie Lorenzini, seconded by Pascale Jean-Gilles to open the public hearing at 8:30pm. Motion passed by a unanimous vote. The committee was formed and met to discuss what projects the Village should apply for. The final idea they came up with is for senior center improvements including HVAC, roof, windows, flooring and a backup generator. Motion by Marie Lorenzini, seconded by Pascale Jean-Gilles to close the public hearing at 8:37pm. Motion passed by a unanimous vote. Public Comment – None Resolution No. 2023-164 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 14, 2023. RESOLVED, that General Fund Claims set forth on pages 1 through 12 in the below-listed amounts are approved for payment: General Fund– $49,294.89 Parking Fund – $3,985.29 Water Fund – $126.91 Capital Fund - $10,929.00 Motion by Pascale Jean-Gilles, seconded by Joseph Rand to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-165 - Resolution of the Nyack Village Board of Trustees Accepting the Mayor’s Slate of Appointments WHEREAS, the Mayor has the authority to make certain appointments of Village staff and members of the Village’s various boards. NOW, THEREFORE, BE IT RESOLVED, BY THE VILLAGE BOARD OF TRUSTEES OF THE VILLAGE OF NYACK, that the Mayor’s slate of appointments are hereby approved, and consented to, by the Village Board of Trustees (and that all other appointments shall be held over until further action), effective January 1, 2024: Page 2 of 15  Deputy Mayor - 1 year: Pascale Jean Gilles Registrar of Vital Statistics – 1 year: Patricia Evans Deputy Registrar of Vital Statistics -1 year: Jennifer Hetling Tax Collector – 1 year: Jennifer Hetling Village Attorney – 1 year: Dennis D. Michaels, Esq. Village Administrator – 1 year: Andy Stewart Confidential Assistant to the Village Administrator - 3 yea rs: Ann Marie Tlsty Village Clerk/Treasurer – 1 year: Jennifer Hetling Associate Village Justice – 1 year: Peter Klose, Esq. Village Marriage Officer – 1 year: Joseph Rand Village Marriage Officer – 1 year: Village Historian – 1 year: J.P. Schutz Planning Board Chair – 1 year: Laura Rothschild Zoning Board of Appeals Chair – 1 year: Steve Knowlton Architectural Review Board Chair – 1 year: Greg Healey Parks Commissioner (Chair) – 1 year : James Willcox Parks Commissioner (V. Chair) – 1 year: Andrea DeVitto Water Commissioner Chair – 1 year: William McDowell Village Planner – 1 year: Robert Galvin Village Engineer – 1 year: Eve Mancuso, Brooker Engineering Account Signatories – 1 year: Mayor, Joseph Rand Village Administrator, Andrew Stewart Confidential Assistant to the Village Administrator, AnnMarie Tlsty Motion by Joseph Rand, seconded by Donna Lightfoot-Cooper to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-166 - Resolution of the Nyack Village Board of Trustees Designating Depositories. WHEREAS, the Village Board of Trustees has determined that NYS Village Law §4-412(3)(2) requires the designation of banks or trust companies for the deposit of all Village monies. RESOLVED, effective January 1, 2024, that the Village Board of Trustees designates the following institutions as depositories of all moneys received by the Village Treasurer, Village Clerk, and Receiver of Taxes: Chase Wells Fargo Key Bank M & T Bank Sterling Bank MBIA Municipal Investors Service Corp. (CLASS) Page 3 of 15 Motion by Pascale Jean-Gilles, seconded by Marie Lorenzini to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-167 - Resolution of the Nyack Village Board of Trustees Designating the Official Newspaper of the Village. RESOLVED, effective January 1, 2024, that the Nyack Village Board of Trustees designates the Journal News (Rockland Edition) as the Village’s official newspaper. Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-168 - Resolution of the Nyack Village Board of Trustees Setting the Schedule of Village Board of Trustees Meetings for 2024. RESOLVED that the schedule of Village Board of Trustees meetings for 2024 is as follows: January 11 and 25, 2024 February 8 and 29, 2024 March 14 and 28, 2024 April 11 and 25, 2024 May 9 and 23, 2024 June 13 and 27, 2024 July 18, 2024 August 22, 2024 September 12 and 26, 2024 October 10 and 24, 2024 November 14, 2024 December 12, 2024 Page 4 of 15 Motion by Marie Lorenzini, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-169 - Resolution of the Nyack Village Board of Trustees Setting the Schedule of the Village’s Land Use Board Meetings for 2024. RESOLVED that the schedule of the Village’s land use board meetings for 2024 is as follows (PB = Planning Board; ARB = Architectural Review Board; ZBA = Zoning Board of Appeals) – the noted deadline is for application submissions to the Building Department: JANUARY JULY 01/08/2024 – PB – deadline 12/18 07/01/2024 – PB – deadline 6/10 01/17/2024 – ARB - deadline 12/28 07/17/2024 – ARB – deadline 6/27 01/29/2024 - ZBA - deadline 1/8 07/29/2024 – ZBA – deadline – 7/9 FEBRUARY AUGUST 02/05/2024 – PB – deadline 1/17 NO MEETINGS 02/21/2024 – ARB - deadline 1/31 02/26/2024 – ZBA- deadline 2/6 MARCH SEPTEMBER 03/04/2024 – PB – deadline 2/13 09/09/2024 – PB – deadline 8/20 3/20/2024 – ARB – deadline 2/29 09/30/2024 – ZBA – deadline 8/28 3/25/2024 – ZBA – deadline 3/5 09/18/2024 – ARB – deadline 9/10 APRIL OCTOBER 04/08/2024 – PB – deadline 3/19 10/07/2024 – PB – deadline 9/18 04/17/2024 – ARB - deadline 3/28 10/16/2024 – ARB – deadline 9/27 04/29/2024 – ZBA - deadline 4/9 10/28/2024 – ZBA – deadline – 10/8 MAY NOVEMBER 05/06/2024 – PB – deadline 4/17 11/04/2024 – PB – deadline 10/16 05/15/2024 – ARB - deadline 4/26 11/20/2024 – ARB – deadline 10/30 05/20/2024 – ZBA - deadline 4/30 11/25/2024 – ZBA – deadline 11/5 JUNE DECEMBER 06/03/2024 – PB – deadline 5/14 12/02/2024 – PB – deadline 11/12 06/12/2024 – ARB - deadline 5/23 12/18/2024 – ARB – deadline 11/26 06/24/2024 – ZBA - deadline 6/4 NO ZBA Page 5 of 15 Motion by Marie Lorenzini, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-170 - Resolution of the Nyack Village Board of Trustees to approve Fourth Annual Black LGBTQ+ Pride Block Party w/Nyack NAACP, to be Held on Thursday, June 13th (rain date Friday, June 14), 6-9 PM, at Hezekiah Easter Memorial Veterans Park Gazebo and Adjacent Parking Lot. RESOLVED that the Nyack Village Board of Trustees approves the Pride Center application for use of the Hezekiah Easter Memorial Veterans Park gazebo, and adjacent parking lot, on Wednesday, June 14, 2024 (rain date Friday, June 15), 6-9 PM, for the Fourth Annual Black LGBTQ+ Pride Block Party w/Nyack NAACP, contingent on submission to the Village of acceptable insurance. Motion by Marie Lorenzini, seconded by Donna Lightfoot-Cooper to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-171 - Resolution of the Nyack Village Board of Trustees to Approve a Street Closure for the 25th Annual Rockland Pride Sunday Event on June 9, 2024. 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 25th Annual Rockland Pride Sunday event, to be held on June 9, 2024, 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 and payment to the Village for the Village’s labor costs for the street closure. Motion by Marie Lorenzini, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-172 - Resolution of the Nyack Village Board of Trustees to Approve a Software Product License and Maintenance Agreement with Mitchell Humphrey and Co. for the Use of FastTrack Gov Software for the Administration of Building Permits. WHEREAS, the Building Department is currently operating with obsolete and unsupported administrative software, and has engaged in an extensive comparison of available products to achieve greater efficiency for both staff and applicants. RESOLVED that the Nyack Village Board of Trustees approves a software product license and maintenance agreement with Mitchell Humphrey and Co. for the use of FastTrack Gov software for the administration of code enforcement, permitting, land use, zoning, periodic inspections and contractor registrations, subject to approval as to form by the Village Attorney, and authorizes the Mayor to sign the agreement. Motion by Pascale Jean-Gilles, seconded by Marie Lorenzini to accept the resolution as presented. The motion was approved by a unanimous vote. Page 6 of 15 Resolution No. 2023-173 - Resolution of the Nyack Village Board of Trustees to Amend the Village’s Standard Schedule of Fees with Regard to Tree Replacement Fees. WHEREAS, the Village Board of Trustees adopted a Local Law to establish a Standard Schedule of Fees for Village operations, and may update this Schedule from time to time by Resolution; and WHEREAS, the Village Board of Trustees, on October 5, 2023, amended Chapter 360 (Zoning) of the Code of the Village of Nyack, so as to exempt the removal of a single significant tree from Planning Board review and approval, and redefined “significant tree” from a 12 inch diameter tree to an 8 inch diameter tree, which Code provides for a fee to be paid to the Village’s tree replacement fund in cases where on-site replacement is not feasible; and WHEREAS, on October 26, 2023, the Village Board of Trustees voted to amend the Standard Schedule of Fees, so that, where on-site tree replacement is not feasible, the applicant shall be required to pay a fee to a municipal tree replacement fund in an amount equal to the following amounts per tree to be removed: (1) $500 per tree with a diameter of 8 inches to 16 inches, (2) $1,000 per tree with a diameter greater than 18 inches; and WHEREAS, fee (2) above should have stated, “(2) $1,000 per tree with a diameter greater than 16 inches.” RESOLVED that the replacement tree fee, in cases of a tree larger than 16 inches in diameter, is $1000. Motion by Joseph Rand, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-174 - Resolution of the Nyack Village Board of Trustees to Amend the Village’s Standard Schedule of Fees with Regard to Sidewalk Construction Permit Fees. RESOLVED that, in the interest of promoting sidewalk repairs to improve pedestrian safety, the Village Board of Trustees amends the Standard Schedule of Fees of the Village of Nyack to eliminate the $10/linear foot sidewalk construction permit fee, and imposes a $100 flat fee for project inspection and certification. Motion by Joseph Rand, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-175 - Resolution of the Nyack Village Board of Trustees to Amend Chapter 360 (Zoning) of the Code of the Village of Nyack, so ss to Allow Rooftop Dining in the “M” Zoning District. At 8:00 PM, during a regular meeting of the Board of Trustees of the Village of Nyack (“Village”), convened on December 14, 2023, the below-described Public Hearing was Page 7 of 15 opened, or was opened at, and continued from, a prior meeting; and the following Resolution was duly offered and seconded, to wit: WHEREAS, the Village Board of Trustees (“Village Board”) is the duly elected legislative body of the Village, and authorized to adopt Local Laws amending the Village Code, including amendments to the zoning regulations embodied in Chapter 360 (Zoning) of the Village Code (“Zoning Code”). WHEREAS, the Village Board has published a Notice of Public Hearing in the Journal News, digitally posted said Notice on the Village’s website, and physically posted the Notice on the Village’s official bulletin board, in accordance with NYS Municipal Home Rule Law §20, with regard to 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 so as to allow rooftop dining in the Manufacturing District (“M Zoning District”) as a Special Permit Use subject to regulations set forth in the Local Law (“Local Law”); which Local Law is appended hereto, made a part hereof and marked as “ATTACHMENT A.” WHEREAS, copies of: (i). the proposed Local Law, (ii). The narrative Memo of Robert (“Bob”) James Galvin, AICP, Village Planner (“Village Planner”), dated November 10, 2023, (iii). the State Environmental Quality Review Act (“SEQRA”) Part 1 (entitled Project Information) of the Short Environmental Assessment Form (“EAF”), prepared by the Village Planner, dated November 1, 2023, (iv). Part 2 of the SEQRA EAF (entitled Impact Assessment), prepared and recommended by the Village Planner, dated November 9, 2023, (v). Part 3 of the SEQRA EAF (entitled Determination of Significance), prepared and recommended by the Village Planner, dated November 9, 2023, and (vi). a Petition, dated November 24, 2023, of Juniper Time Owner LLC, the owner and operator of Hotel Nyack, located at 400 High Avenue, Nyack, NY; were all provided to the Village Board, in accordance with NYS Municipal Home Rule Law §20. WHEREAS, following compliance with all public notice requirements as mandated by the applicable NYS statute(s) and the Village Code, and distribution of the proposed Local Law to the Village Board as per NYS Municipal Home Rule Law §20(4), the Village Board opened, and held, a Public Hearing on the proposed Local Law on December 14, 2023. WHEREAS, the Rockland County Planning Department, pursuant to NYS General Municipal Law (“GML”) §239-l, et seq., reviewed the proposed Local Law and provided a GML review report to the Village Board, dated June 23, 2022, which report Approved the proposed Local Law. Page 8 of 15 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 December 4, 2023, meeting and provided a written recommendation to the Village Board, dated December 5, 2023, in which the Planning Board offered the following advisory opinion: favorable recommendation and add underlined words and delete crossed out word to section 12 (b) “Hours of operation shall be limited to no later than 11:59 PM on Fridays, Saturdays and days preceding Federal and/or New York national holidays, and 10:00 PM Sunday through Thursday”. WHEREAS, after notice duly given, and there being no other Involved Agency, by Resolution adopted December 14, 2023, the Village Board declared itself to be, and assumed 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 May 27, 2022, 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 December 14, 2023, Public Hearing, the Village Board finds and determines that the proposed Local Law is consistent with the LWRP and the Village’s Comprehensive Master Plan. WHEREAS, the Village Board, acting in its capacity as the SEQRA Lead Agency, and after reviewing the aforementioned Part 1, Part 2 and Part 3 of the SEQRA EAF, all of which Parts of the EAF were prepared and recommended, on behalf of the Village Board, by the Village Planner; the Village Board hereby adopts the said Part 1, Part 2 and Part 3, and incorporates them by reference as if fully set forth herein. THEREFORE, BE IT RESOLVED, that the Village Board, after conducting a “hard look” review of all environmental factors, including, but not limited to, all three of the aforesaid Parts of the EAF, and the Village Planner’s November 10, 2023, 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 November 10, 2023, narrative Memo, that this Local Law will enhance the economic viability of commercial hospitality businesses located in the M Zoning District; and, as an example, rooftop dining would be instrumental in increasing occupancy rates for a hotel, which would increase revenue for the Village as per the Village’s Hotel Room Occupancy Tax Law. 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 Page 9 of 15  and substance as appended hereto as “ATTACHMENT A,” and as same may have been amended “by-hand” during the Public Hearing; Motion by Joseph Rand, seconded by Pascale Jean-Gilles to accept the resolution of the 11/27/23 draft with the changes that were discussed and recited at this meeting. The motion was approved by a unanimous vote. Resolution No. 2023-176 - Resolution of the Nyack Village Board of Trustees to Authorize a Work Zone Parking Prohibition at the Northeast Corner of North Broadway and First Avenue. RESOLVED that, pursuant to §330-55 of the Code of the Village of Nyack (“Village”), the Village Board of Trustees (“Village Board”) hereby authorizes the establishment and institution of a special parking restriction, due to the special circumstances of a work zone (i.e., construction area), which shall be a parking prohibition that proscribes the parking of any, and all, types of vehicles, and/or their appurtenances, within (wholly or partially) designated parking spaces located on First Avenue near North Broadway and east of North Broadway (i.e., the northeast corner of North Broadway and First Avenue), effective immediately and continuing until completion of all construction activities at 51 North Broadway; and the Village Board also hereby authorizes the Village Administrator’s office and/or the Village Department of Public Works to post all signs, that they may deem necessary and adequate, to designate the parking spaces that are subject to this special parking restriction. Motion by Marie Lorenzini, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-177 - Resolution of the Nyack Village Board of Trustees to Approve a Service Agreement with Paychex for Payroll Administration. WHEREAS, the Village of Nyack uses an administrative services contract to administer payroll for its employees, and has recently solicited cost proposals from three vendors, reviewed their services, and found the best option to be Paychex, to obtain both cost savings of an estimated $5000 annually over the existing vendor and improved time-clock technology and overall quality of service. RESOLVED that the Nyack Village Board of Trustees authorizes the Village Administrator to execute an agreement with Paychex for payroll administrative services at an annual cost of $8000. Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-178 - 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 3, 2024, subject to the submission of the appropriate insurance certificate. Page 10 of 15 Motion by Marie Lorenzini, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-179 - Resolution of the Nyack Village Board of Trustees to Approve a Permit Application for an Event in the Nyack Senior Center. RESOLVED that the Nyack Village Board of Trustees approves an application for Senior Center use by Kris Burns on Monday, December 25, 7 AM – 12 noon, for the purposes of a holiday breakfast program. Motion by Donna Lightfoot-Cooper, seconded by Marie Lorenzini to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-180 0 Resolution of the Nyack Village Board of Trustees Approving a Permit Application for an Event in the Nyack Senior Center. RESOLVED that the Nyack Village Board of Trustees approves an application for Senior Center use by Karl Duibison on Saturday, December 23, from 3 PM to 7 PM, for the purpose of a holiday gift giveaway program for local children residing at Nyack Plaza, Waldron Terrace and Rockland Gardens. Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-181 - Resolution of the Nyack Village Board of Trustees to Award the Memorial Park ADA Walkway Project to Paladino Concrete Creations, Corp. WHEREAS, the Nyack Village Board of Trustees previously authorized the bidding of a public works project for the Memorial Park ADA Walkway Project; and WHEREAS, bids were opened on November 1, 2023 (a total of five bids were received), and the lowest responsible bid for the project was received from Paladino Concrete Creations, Corp. for $127,835; and WHEREAS, the Village’s Engineering Consultant, Jim Moran of H2M, has reviewed the bids, and recommended the award of the project to Paladino Concrete Creations, Corp., and this recommendation has been approved by the funder, the County of Rockland; and WHEREAS, the grant funds available for this project from the County are $174,468, well in excess of the bid award, so no additional funds will be needed for this project. NOW, THEREFORE, BE IT RESOLVED BY THE NYACK VILLAGE BOARD OF TRUSTEES AS FOLLOWS: The Village Administrator is authorized to enter into a contract with Paladino Concrete Creations, Corp. for the Memorial Park ADA Walkway Project, in the amount of $127,835, Page 11 of 15  subject to the approval of the Village Attorney as to the form and legal substance of the contract. Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-182 - Resolution of the Nyack Village Board of Trustees to Award the Memorial Park Playground Surfacing Project to Paladino Concrete Creations, Corp. WHEREAS, the Nyack Village Board of Trustees previously authorized the bidding of a public works project for the resurfacing of the Memorial Park playground; and WHEREAS, bids were opened on November 1, 2023 (a total of three bids were received), and the lowest responsible bid for the project was received from Paladino Concrete Creations, Corp. for $194,500; and WHEREAS, the Village’s Engineering Consultant, Jim Moran of H2M, has reviewed the bids, and recommended the award of the project to Paladino Concrete Creations, Corp., and this recommendation has been approved by the funder, the County of Rockland; and WHEREAS, the grant funds available for this project from the County are $176,128.34, $18,372 less than the lowest responsible bid, so the Village will fund the difference between the grant funds and the bid amount from the General Fund. NOW, THEREFORE, BE IT RESOLVED BY THE NYACK VILLAGE BOARD OF TRUSTEES AS FOLLOWS: The Village Administrator is authorized to enter into a contract with Paladino Concrete Creations, Corp. for the resurfacing of the Memorial Park playground project, in the amount of $194,500, subject to the approval of the Village Attorney as to the form and legal substance of the contract. Motion by Pascale Jean-Gilles, seconded by Marie Lorenzini to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-183 - Resolution of the Nyack Village Board of Trustees to Award the Memorial Park Great Lawn Project to Paladino Concrete Creations, Corp. WHEREAS, the Nyack Village Board of Trustees previously authorized the bidding of a public works project for the rehabilitation of the Great Lawn in Memorial Park; and WHEREAS, bids were opened on November 1, 2023 (a total of five bids were received), and the lowest responsible bid for the project was received from Paladino Concrete Creations, Corp. for $96,300, using Additive Alternate 1: Alternate Restoration of the Lawn; and Page 12 of 15  WHEREAS, the Village’s Engineering Consultant, Jim Moran of H2M, has reviewed the bids, and recommended the award of the project to Paladino Concrete Creations, Corp., and this recommendation has been approved by the funder, the County of Rockland; and WHEREAS, the grant funds available for this project from the County are $176,443.17, which exceeds the lowest responsible bid. NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE NYACK VILLAGE BOARD OF TRUSTEES AS FOLLOWS: the Village Administrator is authorized to contract with Paladino Concrete Creations, Corp. for the rehabilitation of the Great Lawn in Memorial Park, in the amount of $96,300, subject to the approval of the Village Attorney as to the form and legal substance of the contract. Motion by Joseph Rand, seconded by Marie Lorenzini to accept the resolution as presented. The motion was approved by a unanimous vote. Resolution No. 2023-184 - Resolution of the Nyack Village Board of Trustees to Award the Memorial Park Playground Equipment Project to Paladino Concrete Creations, Corp. WHEREAS, the Nyack Village Board of Trustees previously authorized the bidding of a public works project for the equipment of the Memorial Park playground; and WHEREAS, bids were opened on November 1, 2023 (a total of three bids were received), and the lowest responsible bid for the project was received from Paladino Concrete Creations, Corp. for $143,660; and WHEREAS, the Village’s Engineering Consultant, Jim Moran of H2M, has reviewed the bids, and recommended the award of the project to Paladino Concrete Creations, Corp., and this recommendation has been approved by the funder, the County of Rockland; and WHEREAS, the grant funds available for this project from the County are $173,079.88 and, therefore, exceed the lowest responsible bid. NOW, THEREFORE, BE IT RESOLVED BY THE NYACK VILLAGE BOARD OF TRUSTEES AS FOLLOWS: The Village Administrator is authorized to contract with Paladino Concrete Creations, Corp. for the equipment of the Memorial Park playground project, in the amount of $143,660, subject to the approval of the Village Attorney as to the form and legal substance of the contract. Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a unanimous vote. Page 13 of 15 Public Comment - None Department Reports to the Board of Trustees (based on availability) Village Administrator – The Village was awarded a CFA grant through the LWRP for a walkway to connect the pedestrian bridge to the viewing pier in Memorial Park. There is a little money left from the Broadway TAP project so next year a few more blocks of sidewalks will be done. North River Shipyard has graciously agreed to donate the use of a barge for the July 4th fireworks display. New Business Cannabis consumption site zoning recommendations. – Many local municipalities have opted in to on-site cannabis consumption and the Village plans to review this option too. Special meeting on December 21, 2023, 5:30 PM for swearing-in of elected officials. July 4 Fireworks plan – barge donation by North River Shipyard Communications NYS Office of Cannabis Management (OCM) Notification to Municipality re. Supreme Leafs LLC has obtained a provisional license from the Cannabis Control Board and intends to file an application for full licensure with OCM to open a retail dispensary at 10 North Broadway. NYS Office of Cannabis Management (OCM) Notification to Municipality re. Serene Green One, LLC has filed an application for full licensure with OCM to open a retail dispensary at 37 Route 59. NYS Office of Cannabis Management (OCM) Notification to Municipality re. Serene Green One, LLC has filed an application for full licensure with OCM to open a retail dispensary at 130 Main Street. NYS Office of Cannabis Management (OCM) Notification to Municipality re. Auxo NYD1, LLC has filed an application for full licensure with OCM to open a retail dispensary at 162 Main Street. Public Comment - None Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to hold an executive session for potential litigation and personnel. Motion passed by a unanimous vote. Comments from the Village Board of Trustees Pascale Jean-Gilles – Thanked Mayor Hammond and Trustee Lorenzini their service to the Village Page 14 of 15 Donna Lightfoot-Cooper – Thanked Trustee Lorenzini for her passion and contributions to the Village. She also thanked Mayor Hammond. Joseph Rand – Stated that it has been an honor to work with Trustee Lorenzini. Thanked Mayor Hammond for his dedication to the Village. Marie Lorenzini – Nyack is a beautiful community and she is proud to call it home. Executive Session Motion by Pascale Jean-Gilles, seconded by Marie Lorenzini to move to executive session at 9:17pm. The motion was approved by a unanimous vote. Motion by Joseph Rand, seconded by Donna Lightfoot-Cooper to move out of executive session at 10:08pm. The motion was approved by a unanimous vote. Adjournment Motion by Joseph Rand, seconded by all trustees to adjourn the meeting at 10:09pm in honor of John Vasser. The motion was approved by a unanimous vote. Page 15 of 15