Village Board of Trustees Meeting

Minutes of the Regular Meeting of the Village of Nyack Board of Trustees Held at Village Hall at 7:30 pm on Thursday, March 28, 2024 Present: Joseph Rand, Mayor Pascale Jean-Gilles, Deputy Mayor Donna Lightfoot-Cooper, Trustee Joseph Carlin, Trustee Nathalie Riobe-Taylor, Trustee Also Present: Andrew Stewart, Village Administrator Dennis Michaels, Village Attorney Rosa Martinez, Deputy Village Clerk/Treasurer Absent: Jennifer Hetling, Village Clerk/Treasurer Meeting called to order at 7:30 pm Pledge of Allegiance Mayor’s Introduction PUBLIC COMMENT • Louise Parker – Informed Mayor and Village Board of the passing of retired DPW employee Clifford Whatley. Also inquired about the status of the housing vacancy survey. • Hillary Hassanglass – Discussed businesses being boycotted if they don’t sign the ceasefire resolution. Believes the resolution has divided the community. • Ari – Thanked the Mayor and Village Board for continuing to maintain position on the ceasefire resolution. Concerned with the language around the resolution. • Taylor Mandelbaum – Supports the Good Cause Eviction program. Frustrated and upset about what has transpired with the ETPA. Believes there needs to be some form of accountability. Organizing landlords and tenants. • Marianne Hunkin – Would like the Mayor and Board to publicly denounce Palestinian genocide. Ms. Hunkin does not feel represented by local government. • Mischal Aminullah – Here to support ceasefire resolution. Page 1 of 11  • Rebecca Lang – Thanked the Mayor and Board for the rapid response to remove hate graffiti that was reported. Agrees with Mayor that local government should not be involved in foreign policy. • P. Lang – Doesn’t believe foreign affairs has a place in local politics. • Stephanie Hausner – Believes local government should continue to do what they do for the community and would hope the community would stay together and not divide. Businesses should not be boycotted. • Skylar Hamrick – Confronted Board about postings from the Village on the Village website and Facebook. Believes Mayor and Board have the power to make a difference by showing support for both Israelis and Palestinians. • Rhea Matthews – Believes local government is supporting genocide and has the responsibility to support the ceasefire resolution. • Alex Bursztein – Concerned about verification in ETPA. Doesn’t know where Board stands. Offered his support to the Mayor and Board. ADOPTION OF MINUTES – 2/29/24 and 3/14/24 Motion by Trustee Carlin, seconded by Trustee Lightfoot-Cooper to adopt the minutes of 2/29/24. The motion was approved by a vote of 5-0. Motion by Trustee Riobe-Taylor, seconded by Deputy Mayor Jean-Gilles to extend the adoption of the 3/14/24 minutes. The motion was approved by a vote of 4-0 (Trustee Riobe-Taylor abstained). ACTION ITEMS RESOLUTION NO. 2024-46 – ACCEPTING AUDITED VOUCHER SUMMARY WHEREAS, the Audited Voucher Summary was presented to the Nyack Village Board of trustees at its regularly scheduled meeting of February 29, 2024. RESOLVED, that General Fund Claims set forth on pages 1 through 17 in the amounts of GENERAL $36,122.72 PARKING $26,053.82 WATER $8,170.29 CAPITAL $9,485.00 CAPITAL PROJECTS – 2017 IMPROVEMENTS $7535.00 TRUST AND AGENCY $1,212.07 Page 2 of 11 Motion by Trustee Carlin, seconded by Deputy Mayor Jean-Gilles. The motion was approved by a vote of 5-0. RESOLUTION NO. 2024-47 – APPROVE A PERMIT APPLICATION FOR AN EVENT IN MEMORIAL PARK BY PHOENIX FESTIVAL RESOLVED, the Board of Trustees of the Village of Nyack approves an application for the use of the Upper Lawn of Craig Smith and the Phoenix Festival for Shakespear theater productions free of charge for those who register online to attend, on Friday, September 20, 3 PM – 8 PM, Saturday, 10 AM – 5 PM and Sunday 10 AM – 5 PM. (no rain dates), and subject to provision of appropriate insurance certificate, and compensation of Village for DPW staffing of park during this period. Motion by Trustee Lightfoot-Cooper, seconded by Deputy Mayor Jean-Gilles to accept the resolution as presented. The motion was approved by a vote of 5-0. RESOLUTION NO. 2024-48 – AUTHORIZE A WORK ZONE PARKING PROHIBITION FOR 2024 PAVING PROJECT 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 N. Franklin Ave from Sickles Ave to Sixth Ave; Fifth Ave from Central Ave to N. Broadway, Main St from Broadway to River St, River St from Main St to Burd St. effective immediately upon placement of temporary signs advising of the parking prohibition in this area, on or about April 1, 2024, and continuing until completion of all construction activities and removal of the temporary signs; 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 Trustee Riobe-Taylor, seconded by Deputy Mayor Jean-Gilles to accept the resolution as presented. The motion was approved by a vote of 5-0. Page 3 of 11 RESOLUTION NO. 2024-49 – APPROVING A SERVICE CONTRACT WITH BERRY BURNER FOR MAINTENANCE OF BOILERS AT VILLAGE HALL AND SENIOR CENTER RESOLVED, the Board of Trustees of the Village of Nyack approves a contract for professional services with Berry Burner to maintain the boilers in Village Hall and the Senior Center at a cost of $5000 for the year. Motion by Deputy Mayor Jean-Gilles, seconded by Trustee Lightfoot-Cooper to accept the resolution as presented. The motion was approved by a vote of 5-0. RESOLUTION NO. 2024-50 – APPROVING PUBLICATION OF A COMPETITIVE BID FOR REPLACEMENT OF THE NYACK BROOK CULVERT IN FRONT OF THE DPW AT 63 CATHERINE ST RESOLVED, in consideration of the fact that the Village has obtained a grant funding contract from FEMA for $520,735 to replace a Nyack Brook culvert causing a sinkhole in front of the DPW, including a 10% match from the General Fund of $52,073, and Weston and Sampson/Brooker Engineering is developing design and bid specifications, the Board of Trustees of the Village of Nyack approves the publication of the completed bid package as soon as possible, subject to review by the Village Attorney, and with a deadline for responses as per recommendation of Village Engineer. Motion by Deputy Mayor Jean-Gilles, seconded by Trustee Lightfoot-Cooper to accept the resolution as presented. The motion was approved by a vote of 5-0. RESOLUTION NO. 2024-51 – SCHEDULING A PUBLIC HEARING ON THE PRELIMINARY 2024-2025 BUDGET FOR APRIL 11, 2024 AT 8:00 PM RESOLVED, to obtain public feedback on the preliminary budget for 2024-2025 and comply with NYS law, the Board of Trustees of the Village of Nyack approves the scheduling of a Public Hearing for Thursday, April 11, 2024, at 8:00 PM. Motion by Trustee Carlin, seconded by Deputy Mayor Jean-Gilles to accept the resolution as presented. The motion was approved by a vote of 5-0. Page 4 of 11 RESOLUTION NO. 2024-52 – APPROVING A LICENSE AGREEMENT WITH NYACK BOAT CHARTER TO CONDUCT BUSINESS FROM NYACK MARINA RESOLVED, the Village Administrator is authorized to sign a license agreement with Belloster LLC, d/b/a Nyack Boat Charter for the use of Nyack Marina in 2024 and 2025 for a fee of 5% of gross revenue from Nyack-based bookings, subject to the review and approval as to substance and form by the Nyack Village Attorney. Motion by Deputy Mayor Jean-Gilles, seconded by Trustee Riobe-Taylor to accept the resolution as presented. Mayor Rand – Amend resolution for a one year agreement at 5% Motion by Trustee Lightfoot-Cooper, seconded by Deputy Mayor Jean-Gilles. The motion to amend was approved by a vote of 5-0. RESOLUTION NO. 2024-53 – APPROVING AN APPLICATION TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR $300,000 FOR IMPROVEMENTS TO THE NYACK SENIOR CENTER WHEREAS, based on input from the Village CDBG committee and stakeholders, Village staff have drafted an application for CDBG funding of improvements to the Nyack Senior Center for consideration under the FY 2024 Rockland Urban County Consortium Community Development Program, including replacement roof, HVAC, lighting and interior work, improvements that address community concerns, WHEREAS, the draft application complies with Rockland Urban County Consortium Community Development Guidelines for the FY2024 program year, and meets all of its applicable requirements and the information contained in the Application is accurate and true to the best of our knowledge, and if awarded CDBG funds, the Municipality shall implement the activities in a manner to ensure compliance with all applicable federal, state, and local laws and regulations, RESOLVED, the Board of Trustees of the Village of Nyack approves submission by the Village Administrator of a grant application for $300,000 for consideration under the FY 2024 CDBG program. Motion by Trustee Riobe-Taylor, seconded by Deputy Mayor Jean-Gilles to accept the resolution as presented. The motion was approved by a vote of 5-0. Page 5 of 11 RESOLUTION NO. 2024-54 – AUTHORIZING A PERMIT FOR USE OF THE NYACK SENIOR CENTER FOR AN INTERFAITH IFTAR DINNER RESOLVED, the Board of Trustees of the Village of Nyack approves an application by Susan Smith of the Fellowship of Reconciliation, to host an interfaith Iftar dinner on Thursday, April 4, 2024, from 6:30 PM – 9:00 PM, including use of kitchen to heat up foods. Motion by Deputy Mayor Jean-Gilles, seconded by Trustee Lightfoot-Cooper to accept the resolution as presented. The motion was approved by a vote of 5-0. RESOLUTION NO. 2024-55 – AUTHORIZING THE ISSUANCE OF BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $500,000 TO FINANCE THE ACQUISITION OF A NEW SWAP LOADER, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $500,000 AND APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE WHEREAS, on January 11, 2024, the Board of Trustees of the Village of Nyack approved Resolution No. 2024-11, authorizing the issuance of bonds not to exceed $350,000 to finance a new swap loader, but further research has shown the vehicle will cost almost $450,000 when it is built and delivered in late 2025, RESOLVED, Resolution No. 2024-11 is rescinded, 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 $400,000 pursuant to the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”), to finance the acquisition of a new swap loader, at the estimated maximum cost of $400,000. Section 2. The estimated maximum cost of the project described herein, including preliminary costs and costs incidental thereto and the financing thereof, is $400,000 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 $400,000 to finance said appropriation, and the levy and collection of taxes upon all the taxable real property in the Village to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 3. The following additional matters are hereby determined and declared: Page 6 of 11  (a) The period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 28 of the Law, is fifteen (15) years. (b) The proceeds of the bonds herein authorized, and any bond anticipation notes issued in anticipation of said bonds, may be applied to reimburse the Village for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation of said bonds, shall be general obligations of the Village, payable as to both principal and interest by general tax upon all the taxable real property within the Village. The faith and credit of the Village are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds, and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Village by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 of the Law relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Board of Trustees relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the execution of agreements for credit enhancements, are hereby delegated to the Village Treasurer, the chief fiscal officer of the Village. 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. Page 7 of 11  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 Trustee Carlin, seconded by Deputy Mayor Jean-Gilles to accept the resolution as presented. The motion was approved by a vote of 5-0. RESOLUTION NO. 2024-56 – APPROVING AN AGREEMENT WITH DRS OPERATIONS COMPANY, LLC, DBA “MEADOW” TO PURCHASE BILL CREDITS ASSOCIATED WITH SOLAR ELECTRICITY GENERATION AT MEADOW’S SOLAR FACILITIES WHEREAS, the NYS Public Service Commission’s “Community Distributed Generation” program enables municipalities and CDG developers to form agreements whereby municipalities purchase electricity bill credits associated with upstate solar projects and utilities (O&R) incorporate these credits into electricity bills, WHEREAS, in consultation with the Village’s energy broker, Energy Professionals, LLC, energy provider Constellation Energy and sustainable energy partner, Joule Assets, it has been determined the agreement with Meadow will reduce the Village’s electricity bills by approximately $7,455/year, per year, WHEREAS, the Village’s sustainability coordinator Marcy Denker has determined the agreement with Meadow will advance the Village over the 7500 point threshold in the Clean Energy Communities program needed to become eligible for an additional $262,500 in grant funding for sustainability projects, RESOLVED, the Board of Trustees of the Village of Nyack approves an agreement to purchase Bill Credits from Meadow, subject to the review of the agreement by the Village Attorney. Motion by Trustee Lightfoot-Cooper, seconded by Trustee Riobe-Taylor to accept the resolution as presented. The motion was approved by a vote of 5-0 with the understanding the Village Administrator will reduce the term to a one or two year agreement. Page 8 of 11 RESOLUTION NO. 2024-57 – RESOLUTION APPROVING A RETAINER AGREEMENT WITH JACKSON LEWIS LAW FIRM FOR LABOR LAW COUNSEL SERVICES RESOLVED, the Board of Trustees of the Village of Nyack, finding the labor counsel services of Jackson Lewis to have been beneficial to the Village in recent years, approves the renewal of a retainer agreement with Jackson Lewis law firm for labor relations counsel, at a maximum fee of $410/hour. Motion by Trustee Riobe-Taylor, seconded by Deputy Mayor Jean-Gilles to accept the resolution as presented. The motion was approved by a vote of 5-0. DEPARTMENT REPORTS (based on availability) Orangetown Police Department – • Mtg earlier this week to discuss gunfire near Hezekiah Easter Square. Foot patrol officer responded immediately with no one hurt. • OPD will be more responsive to the mayor in a timely manner concerning matters that take place within the Village so a public announce can be made. • Capt. Shannon and staff from Montefiore Nyack Hospital met with residents who reside near the hospital to discuss security and safety when individuals are brought to the hospital. Village Administrator – • Park project is moving along – temporary fencing installed around great lawn • Requesting Board approval to issue short-term notifications to use the Senior Center by groups of 25 ppl or less. Board agreed and requested to be made aware when permits are approved. • Broadway sidewalk will be back. Calculating how much sidewalk we can do based on budget. Hoping to preserve all trees in areas of construction. Village Clerk – None OLD BUSINESS - Work session report to discuss land issues. Only able to discuss DMU-2 – increasing setback and minimum width of multi-family home and creating upper-level bldg. setback; added back Page 9 of 11  retail requirement. To discuss at a later date – issues relating to fair housing requirement; Potentially revisit cannabis retail sales not being allowed in DMU-2. - Village should have protocol of what residents need to do to report gasoline leaf blowers - Moving forward with the purchase of electric vehicles to meet emission reduction goals; Village should look at buying through three year lease. NEW BUSINESS - Board has had discussions regarding scope of ARB review – projects included and excluded John Granata – Doesn’t quite get the logic behind the 30% and limiting the scope of the ARB. Urged the Board not to limit the ARB and should look for ways to empower it. - Amending waterfront zoning – new zoning raises the maximum height, width and density John Granata – Questioning how height measurements are taken. Public private partnerships have never worked. Urges the Board to think about what the cost to maintain Memorial Park and the waterfront will be if a private developer is allowed to come in. Daison Jakovich – Agree with the Mayor’s comments. Always in favor of a discussion and negotiation. These types of projects have better results. Keep the special permit. MAYOR AND TRUSTEES REPORTS Trustee Lightfoot-Cooper – Volunteered for meals on wheels. Really enjoyed and is happy to see the recipients are doing well and looking forward to continuing to volunteer. Deputy Mayor Jean-Gilles – Encourage the residents to come out and assist with the cleanups during the month of April. Mayor Rand – Opening up applications for Nyack Tourism grants. COMMUNICATIONS PUBLIC COMMENT Rabbi – Thinks it’s ridiculous for a small village of 7,000 to get involved in foreign affairs. Warren Gould – Agree with the irritations of litter, dog waste and motor vehicle violations. If ‘No Right Turn’ signs are added at Midland and High and Midland and Main you will have fewer people running lights. Does not want the village to be involved in foreign affairs. Page 10 of 11 Marah – Doesn’t understand how village doesn’t get involved with standing with Palestinians. Skylar – Thinks the Board not getting involved in supporting Palestine is furthering a volatile situation. Personally feels unsafe because her community members don’t feel safe. EXECUTIVE SESSION Motion by Trustee Carlin, seconded by Deputy Mayor Jean-Gilles to move to executive session at 9:50pm. The motion was approved by a vote of 5-0. Motion by Trustee Carlin, seconded by Deputy Mayor Jean-Gilles to move out of executive session at 10:00pm. The motion was approved by a vote of 5-0. ADJOURNMENT Meeting in memory of Clifford Whatley former DPW employee. Motion by Trustee Riobe-Taylor, seconded by Trustee Lightfoot-Cooper to adjourn the meeting at 10:10 pm. The motion was approved by a vote of 5-0. 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