Village Board of Trustees Meeting

Minutes of the Regular Meeting of the Village of Nyack Board of Trustees Held at Village Hall at 8:00 pm on Thursday, May 9, 2024 Present: Joseph Rand, 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 Linda Donnelly, Deputy Village Clerk/Treasurer Absent: Pascale Jean-Gilles, Deputy Mayor Jennifer Hetling, Village Clerk/Treasurer Meeting called to order at 8:00 pm Pledge of Allegiance Mayor’s Introduction ADOPTION OF MINUTES – 4-25-24 Holding off until Trustee Carlin reviews. ACTION ITEMS RESOLUTION NO. 2024-71 - ACCEPTING AUDITED VOUCHER SUMMARY WHEREAS, the Audited Voucher Summary was presented to the Nyack Village Board of trustees at its regularly scheduled meeting of May 9, 2024. RESOLVED, that General Fund Claims set forth on pages 1 through 13 in the amounts of GENERAL $86,233.04 PARKING $20,516.89 WATER $14,852.79 CAPITAL $22,422.37 AGENCY $1,138.10 Page 1 of 9 Motion by Nathalie Riobe-Taylor, seconded by Donna Lightfoot-Cooper to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Deputy Mayor Jean-Gilles absent) RESOLUTION NO. 2024-72 – APPROVING CONTRACT WITH THE NYACK CENTER TO PROVIDE CAMP NYACK WHEREAS, the Village of Nyack solicited proposals for professional services associated with running the children’s summer camp (“Camp Nyack”), and proposals were opened and the sole bidder on Camp Nyack program was Nyack Center, 58 Depew Ave, Nyack, NY 10960, with a total bid of $150,000 and the Village Board finds the Vendor responsive to the specifications of the RFP and the lowest responsible bidder; and RESOLVED, the Nyack Village Board of Trustees hereby awards the contract for Camp Nyack to the sole bidder, Nyack Center, Inc., in the amount of $150,000.00, and authorizes the Village Administrator to execute the contract for the program. Motion by Nathalie Riobe-Taylor, seconded by Donna Lightfoot-Cooper to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Deputy Mayor Jean-Gilles absent) Mayor Rand – Excited to extend camp from six weeks to seven weeks. Specifically at the request of Deputy Mayor Jean-Gilles. RESOLUTION NO. 2024-73 – AMENDING THE BOND RESOLUTION ADOPTED ON AUGUST 25, 2022, RELATING TO THE CONSTRUCTION OF IMPROVEMENTS TO THE VILLAGE WATER SYSTEM Recitals WHEREAS, the Board of Trustees of the Village of Nyack, in the County of Rockland, New York, has heretofore duly authorized the construction of PFAS/PFOA Treatment at the Nyack Water Plant as described in the report dated February 2021, prepared by the H2M architects & engineers, at the estimated maximum cost of $5,000,000 pursuant to the bond resolution adopted by the Board of Trustees on August 25, 2022; and WHEREAS, the estimated cost of said project has now been determined to be $6,200,000, and it is necessary and in the public interest to increase the amount appropriated for said project by $1,200,000 and to amend said bond resolution to increase the principal amount of bonds authorized from $5,000,000 to $6,200,000; Now, therefore, be it Page 2 of 9  RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF NYACK, IN THE COUNTY OF ROCKLAND, NEW YORK (by the favorable vote of not less than two- thirds of all members of said Board of Trustees) AS FOLLOWS: Section (A) The bond resolution of the Village of Nyack duly adopted by the Board of Trustees on August 25, 2022, entitled: “Bond Resolution of the Village of Nyack, New York, adopted August 25, 2022, authorizing the construction of improvements to the Village Water System, stating the estimated maximum cost thereof is $5,000,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of not to exceed $5,000,000 to finance said appropriation,” is hereby amended to read as follows: BOND RESOLUTION OF THE VILLAGE OF NYACK, NEW YORK, ADOPTED AUGUST 25, 2022 AND AMENDED MAY 9, 2024, AUTHORIZING THE ISSUANCE OF BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $6,200,000 TO FINANCE THE CONSTRUCTION OF IMPROVEMENTS TO THE VILLAGE WATER SYSTEM, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $6,200,000 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 $6,200,000 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 PFAS/PFOA Treatment at the Nyack Water Plant as described in the report dated February 2021, prepared by the H2M architects & engineers. Any funds received from grants and/or other sources are hereby authorized to be applied toward the cost of said project or redemption of the Village’s bonds or notes issued therefor, or to be budgeted as an offset to the taxes to be collected for the payment of the principal of and interest on said bonds or notes. Section 2. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $6,200,000 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 $6,200,000 to finance said appropriation, the collection of water fees from users based metered usage and, to the extent necessary if the amount of water fees collected is insufficient, the levy and collection of taxes on 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 3 of 9  (a) The period of probable usefulness of 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 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 Page 4 of 9 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. * * * Section (B) The amendment of the bond resolution as set forth in Section (A) of this resolution shall in no way affect the validity of any liabilities incurred, obligations issued, or action taken pursuant to said bond resolution prior to amendment, and all such liabilities incurred, obligations issued, or action taken shall be deemed to have been incurred, issued or taken pursuant to said bond resolution, as amended. Section (C) Said bond resolution, as amended, is subject to a permissive referendum as therein provided. In the event that a valid petition protesting against said bond resolution and requesting that it be submitted to the electors of said Village for their approval or disapproval is filed and the Proposition submitted therefor is defeated, the validity of the bond resolution adopted on August 25, 2022, shall not be in any way affected and shall remain in full force and effect. Motion by Nathalie Riobe-Taylor, seconded by Joseph Carlin to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Deputy Mayor Jean-Gilles absent) Administrator Stewart - Original cost estimates were lower than current expectation so Village’s bond counsel provided an amendment to add a better cost estimate. Trustee Carlin – Q: Is the cost of the bond interest being borne by the water department? A: Yes Q: Is this a federal requirement? A: Yes RESOLUTION NO. 2024-74 – APPROVING RENEWAL OF A SERVICE AGREEMENT WITH MONTEFIORE NYACK HOSPITAL FOR THE VILLAGE EMPLOYEE ASSISTANCE PROGRAM RESOLVED, the Nyack Village Board of Trustees hereby renews the service agreement with Montefiore Nyack Hospital for the Village Employee Assistance Program for a fee of $4,000 for a one year term, and authorizes the Village Administrator to execute the contract for the program. Motion by Nathalie Riobe-Taylor, seconded by Joseph Carlin to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Deputy Mayor Jean-Gilles absent) Administrator Stewart – Free service offered to all municipal employees for well-being of the employee and their families. Page 5 of 9 RESOLUTION NO. 2024-75 – APPROVING CLOSURE OF SUMMIT STREET FOR A BLOCK PARTY ON MAY 27, 2024 RESOLVED, the Nyack Village Board of Trustees hereby approves a street closure application from Katy Erdman of 44 Summit St, on Summit Street, from Depew Ave to Hudson Ave, from 3 PM – 10 PM, for a block party. Motion by Nathalie Riobe-Taylor, seconded by Donna Lightfoot-Cooper to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Deputy Mayor Jean-Gilles absent) RESOLUTION NO. 2024-76 – APPROVING CLOSURE OF RIVERSPACE LOT FOR CLASSIC CAR SHOW ON THURSDAY, JULY 11, AFTER THE FARMER’S MARKET RESOLVED, the Nyack Village Board of Trustees hereby approves closure of the Riverspace Lot for the Classic Car Show, coordinated by Mark Mangan, on Thursday, July 11 (rain date: July 18), following the Farmers Market. Motion by Nathalie Riobe-Taylor, seconded by Donna Lightfoot-Cooper to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Deputy Mayor Jean-Gilles absent) Mayor Rand – Delighted the Village can host. PUBLIC HEARINGS 4.1 Land use board member attendance requirement Open Public Hearing on Land Use Board Members Attendance Requirements – 8:16 pm Motion to open offered by Trustee Riobe-Taylor, seconded by Trustee Lightfoot-Cooper Motion approved by a vote of 4-0-1 (Deputy Mayor Pascale Jean-Gilles absent) Administrator Stewart – Village code does not allow for the removal of a member of the board for failing to attend meeting. Village wants to ensure a quorum for vote. Empowers the Mayor to remove members for non-compliance. Mayor Rand invited public comment. No one requested to be heard. Resolution requested to adopt at next meeting. Page 6 of 9  Motion by Nathalie Riobe-Taylor, seconded by Donna Lightfoot-Cooper. The motion was approved by a vote of 4-0-1 (Deputy Mayor Jean-Gilles absent) Close Public Hearing on Land Use Board Members Attendance Requirements Motion to close offered by Trustee Riobe-Taylor, seconded by Trustee Lightfoot-Cooper. Motion approved by a vote of 4-0-1 (Deputy Mayor Pascale Jean-Gilles absent) 4.2 Land Use Board Review Sequence Open Public Hearing on Land Use Board Review Sequence – 8:19 pm Motion to open offered by Trustee Riobe-Taylor, seconded by Trustee Joseph Carlin. Motion approved by a vote of 4-0-1 (Deputy Mayor Pascale Jean-Gilles absent) Administrator Stewart - Current village code requires every application go before the planning board for larger site related questions. Then referred to ARP. Mayor Rand invited public comment. No one requested to be heard. Resolution requested to adopt at next meeting. Motion by Nathalie Riobe-Taylor, seconded by Donna Lightfoot-Copper. The motion was approved by a vote of 4-0-1 (Deputy Mayor Jean-Gilles absent) Close Public Hearing on Land Use Board Review Motion to close offered by Trustee Riobe-Taylor, seconded by Trustee Donna Lightfoot- Cooper. Motion approved by a vote of 4-0-1 (Deputy Mayor Pascale Jean-Gilles absent) 4.3 ARB Scope of Review Open Public Hearing on ARB Scope of Review – 8:25 pm Motion to open offered by Trustee Carlin, seconded by Trustee Lightfoot-Cooper Motion approved by a vote of 4-0-1 (Deputy Mayor Pascale Jean-Gilles absent) Administrator Stewart – Currently any change to exterior of structure is subject to ARB review. Proposed law will give the discretion to the Planning Board as lead agency. Only applies to single and two-family zones. Page 7 of 9  Mayor Rand invited public comment. No one requested to be heard. Resolution requested to adopt at next meeting. Motion by Nathalie Riobe-Taylor, seconded by Donna Lightfoot-Cooper. The motion was approved by a vote of 4-0-1 (Deputy Mayor Jean-Gilles absent) Close Public Hearing on Land Use Board Members Attendance Requirements Motion to open offered by Trustee Riobe-Taylor, seconded by Trustee Lightfoot-Cooper Motion approved by a vote of 4-0-1 (Deputy Mayor Pascale Jean-Gilles absent) DEPARTMENT REPORTS (based on availability) Orangetown Police Department – None Village Administrator – • Memorial Park renovations are coming along – playground being built, safety surface needs to be installed, seeding of lawn began, sprinkler system needs to be installed • Good meeting with Parks Commission, Parks Conservancy and Others – discussed locations for planting shade trees • Memorial Day Celebration will be relocated to top of steps this year • Broadway Sidewalk Project coming back, public notices sent – Two areas of repair corner of 1st Avenue and N. Broadway by east side of condos, south end of Broadway by Piermont Creamery; new sidewalk on corners in front of KeyBank and YMCA • Tree Guards – not all tree pits suitable, installed where possible; will look at new options for tree boxes; site visit suggested • Sustainability Coordinator Marcy and her team doing a great job obtaining funds. Number of small projects lined up; would like to move forward using state grant funds to offset permit fees on heat pump installation. • Donna Lightfoot-Cooper – Concerned with sidewalk conditions and overgrowth. Property owner responsible for damaged sidewalks. Would like Village to be proactive in addressing. Village Clerk – None OLD BUSINESS - Public Hearing set for May 23rd meeting for veterinary office and lot line changes and mergers policy amendment - Drafted local law for DMU2 and waterfront zone amendment Page 8 of 9 NEW BUSINESS COMMUNICATIONS PUBLIC COMMENT • Reba Matthews –Demands Nyack pass ceasefire resolution. • Rhea Matthews – Believes local government is supporting genocide. • Skylar Hamrick – Concerned about the safety of the people in the community showing solidarity for the Palestinian people. • Andrea DiVito – Nightly activity in the marina parking lot. Would like the village to consider adding some type of speed deterrent devices. • Belkisa – Wants Village to show support for Palestinian people. • Marah – Board needs to support ceasefire resolution. Hoping Board can look for peace in the community. EXECUTIVE SESSION ADJOURNMENT Motion by Natalie Riobe-Taylor, seconded by Donna Lightfoot-Cooper to adjourn the meeting at 9:33 pm. The motion was approved by a vote of 4-0-1 (Deputy Mayor Pascale Jean-Gilles absent) Page 9 of 9