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, August 22, 2024 Present: Joseph Rand, Mayor Pascale Jean-Gilles, Trustee Donna Lightfoot-Cooper, Trustee Joseph Carlin, Trustee Also Present: Andrew Stewart, Village Administrator Dennis Michaels, Village Attorney Rosa Martinez, Deputy Village Clerk/Treasurer Absent: Nathalie Riobe-Taylor, Trustee Jennifer Hetling, Village Treasurer Linda Donnelly, Village Clerk Meeting called to order at 7:30 pm Pledge of Allegiance Mayor’s Introduction • Congratulations to the Chamber of Commerce on a successful exotic car night • Summer of Soul Outdoor Movie at the Artopee Lot this Sunday – sing-along, history of Jackson Avenue • Preparations have been finalized for the 9/11 ceremony down at the waterfront, 6:30 pm on 9/11 – representation from the American Legion, Fire Dept, Police Dept and relatives of lost family members to 9/11 and 9/11 related illnesses • Thanks to the Orangetown Police Dept., R.C. Swat Team, and Ambulance Corp. in their response to a very difficult situation on Francis Avenue. We are very grateful for the work they did. PUBLIC HEARINGS Amend Chapter 360 (Zoning) of the Code of the Village of Nyack, so as to Increase the Distance of Building Setbacks at the Ground Level and at 32 Ft High, and to Widen the Distance of a Lot’s Street Frontage, and to Allow Adult-Use Retail Dispensaries (Cannabis), in the DMU-2 Zoning District Open Public Hearing on Amending Chapter 360 (Zoning) of the Code of the Village of Nyack, so as to Increase the Distance of Building Setbacks at the Ground Level and at 32 Ft High, and Page 1 of 16  to Widen the Distance of a Lot’s Street Frontage, and to Allow Adult-Use Retail Dispensaries (Cannabis), in the DMU-2 Zoning District Motion to open offered by Trustee Carlin, seconded by Trustee Jean-Gilles. Motion approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent). Mayor Rand invited public comment. Motion to continue public hearing Thursday, September 12, 2024, 8:00 PM, offered by Trustee Carlin, seconded by Trustee Lightfoot-Cooper. Motion approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent). Amend Chapter 360 (Zoning) of the Code of the Village of Nyack, so as to Allow (i) Retirement Homes, Nursing Homes, and Assisted Living Facilities, and (ii) Multifamily Dwellings, in the “M” Zoning District Open Public Hearing on Amending Chapter 360 (Zoning) of the Code of the Village of Nyack, so as to Allow (i) Retirement Homes, Nursing Homes, and Assisted Living Facilities, and (ii) Multifamily Dwellings, in the “M” Zoning District Motion to open offered by Trustee Carlin, seconded by Trustee Lightfoot-Cooper. Motion approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent). Mayor Rand invited public comment. Amy Mele, representative of counsel Ira Emmanuel – Not looking to change hotel use. If other uses become necessary, we would like other options/alternatives. Motion to continue public hearing Thursday, September 12, 2024, 8:05 PM, offered by Trustee Jean-Gilles, seconded by Trustee Lightfoot-Cooper. Motion approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent). Amend Chapter 360 (Zoning) of the Code of the Village of Nyack, so as to Lower the Maximum Allowed Building Height, Reduce the Maximum Building Width, and Generally Reduce the Maximum Allowed Floor Area Ratio (FAR), in the Waterfront (WF) Zoning District Open Public Hearing on Amending Chapter 360 (Zoning) of the Code of the Village of Nyack, so as to Lower the Maximum Allowed Building Height, Reduce the Maximum Building Width, and Generally Reduce the Maximum Allowed Floor Area Ration (FAR), in the Waterfront (WF) Zoning District Motion to open offered by Trustee Carlin, seconded by Trustee Jean-Gilles Mayor Rand invited public comment. Page 2 of 16 Motion to continue public hearing Thursday, September 12, 2024, 8:10 PM, offered by Trustee Carlin, seconded by Trustee Jean-Gilles. Motion approved by a vote of 4-0-1 (Trustee Riobe- Taylor absent). ADOPTION OF MINUTES – 07/11/24 Motion by Trustee Jean-Gilles, seconded by Trustee Carlin. The minutes of the meeting held on 07/11/24. Motion approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent). PRESENTATION Proclamation for Amiel L. D’Auria, Chelsea Fire Company, to be received by John Failing Certificate of Appreciation for North River Shipyard for supporting July 4th fireworks program Thank you to the Nyack Fire Dept, Orangetown Police Dept and Auxiliary Police, Nyack Ambulance Corp., Dept. of Public Works, Nyack Chamber of Commerce, R.C. Sheriff’s Marine Unit and D.J. Marley Marlon Recognition of Nyack Ambassadors Youth Workers ACTION ITEMS RESOLUTION NO. 2024-120 – ACCEPTING AUDITED VOUCHER SUMMARY WHEREAS, the Audited Voucher Summary was presented to the Nyack Village Board of Trustees at its regularly scheduled meeting of August 22, 2024. RESOLVED, that General Fund Claims set forth on pages 1 through 16, dated July 23, 2024, 1 through 6, dated August 6, 2024, and 1 through 8, dated August 22, 2024 in the amounts of GENERAL $276,017.16 PARKING $ 37,965.68 WATER $ 22,323.45 CAPITAL $218,004.22 Motion by Trustee Lightfoot-Cooper, seconded by Trustee Jean-Gilles to accept the resolution as presented. Motion approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent). RESOLUTION NO. 2024-121 – AUTHORIZE THE SCHEDULING OF A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW THAT, IF ADOPTED, WILL OPT THE VILLAGE INTO THE NYS GOOD CAUSE EVICTION LAW Page 3 of 16  RESOLVED, the Board of Trustees of the Village of Nyack resolves to consider a proposed Local Law at, and authorizes the scheduling of, a Public Hearing to be held on, September 12, 2024, at 8:0015 PM, which Local Law will, if adopted will opt the Village in to the NYS Good Cause Eviction law. Motion by Trustee Lightfoot-Cooper, seconded by Trustee Jean-Gilles to accept the resolution as amended. Motion approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent). RESOLUTION NO. 2024-122 – APPROVE A PERMIT APPLICATION FOR A STREET CLOSURE ON N. BROADWAY FOR THE DOG FASHION SHOW RESOLVED, the Board of Trustees of the Village of Nyack approves the closure of N. Broadway between High Ave and Lydecker St, for a dog fashion show hosted by Hope Wade, on Saturday, September 21, 2024 April 26, 2025, from HOUR 4:00 PM to HOUR 6:00 PM, 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 Trustee Jean-Gilles, seconded by Trustee Lightfoot-Cooper to accept the resolution as amended. Motion approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent). RESOLUTION NO. 2024-123 – ACCEPT GRADE CONSTRUCTION’S REQUEST TO WITHDRAW ITS BID RE: WATER DISTRIBUTION PHASE B PROJECT, DUE TO UNILATERAL UNINTENTIONAL SUBSTANTIAL ARITHMETIC OMISSION, CLERICAL ERROR OR MISTAKE WHEREAS, the Board of Trustees of the Village of Nyack (“Village Board”), as per Article 5-a (Public Contracts) of NYS General Municipal Law (“GML”), by its Resolution #2024-104 of July 11, 2024, directed and authorized the Village Administrator to reject all previous bids (i.e., the first round), and to readvertise for new bids in a second round of solicitation for sealed bids for a public works project referred to as “Improvements to Water Distribution Phase B” (“Project”); which new (second round) bids were received by the Village Board and were opened on August 7, 2024 (a total of three sealed bids were received). WHEREAS, on August 8, 2024, the Village Administrator, on behalf of the Village Board, received a letter, of same date, from Kyle H. Cassidy, Esq., of Trif & Modugno, attorneys for one of the bidders, Grade Construction (“Grade”), which letter, in summary, requested that the Village Board accept Grade’s withdrawal of its bid pursuant to GML §103(11), or, in the alternative, allow Grade to rescind its bid in accordance with NYS common law, on the bases that Grade’s bid contained a unilateral and unintentional clerical, or arithmetic, error and material mistake Page 4 of 16 rendering enforcement of its bid unconscionable, which 08/08/2024 Grade attorney letter (and attachment thereto) are incorporated herein by reference. WHEREAS, the professional expert consultants to the Village Board regarding the Project, H2M Architects, Engineers, Land Surveying and Landscape Architecture (“H2M”), reviewed Grade’s bid, and the 08/08/2024 Grade attorney letter (and attachment thereto), and H2M advised the Village Board that it finds the factual grounds, and reasons, supporting Grade’s bid withdrawal/rescission request to be substantiated and credible, and that Grade’s bid was submitted in good faith. WHEREAS, the Village Board finds, based upon H2M’s aforesaid evaluation of the 08/08/2024 Grade attorney letter (and attachment thereto), that a unilateral error or mistake has been discovered in Grade’s bid, and that: 1. Grade’s error or mistake was made known to the Village Administrator prior to the awarding of the Project contract, or within three days after the opening of the bid, whichever period is shorter; and 2. the price of Grade’s bid was based on an error or mistake of such magnitude that enforcement would be unconscionable; and 3. Grade’s bid was submitted in good faith, and Grade submitted credible evidence that its mistake was a clerical error as opposed to a judgment error; and 4. Grade’s error or mistake in its bid was actually due to an unintentional, and substantial, arithmetic error, or an unintentional omission of a substantial quantity of work, labor, material, goods or services made directly in the compilation of Grade’s bid, which unintentional arithmetic error, or unintentional omission, was clearly shown by objective evidence drawn from H2M’s inspection of the original work paper, documents or materials used in the preparation of Grade’s bid; and 5. it is possible to place the Village in status quo ante. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD AS FOLLOWS: The Village Board accepts Grade’s request to withdraw its bid, and hereby decrees Grade’s bid to be withdrawn. Motion by Trustee Lightfoot-Cooper, seconded by Trustee Jean-Gilles to accept the resolution as presented. Motion approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent). RESOLUTION NO. 2024-124 – AUTHORIZE ALLOCATION OF 25% OF LEASE REVENUES FROM CELL TOWER LOCATED AT WATER TREATMENT PLANT TO WATER FUND WHEREAS, the Village has a lease with Homeland Towers, LLC, for its tower located on Village-owned land at 239 Rte. 59 in West Nyack, which lease generates $2,000/month or 35% of Page 5 of 16 cell tower revenues, whichever is greater, or from $24,000 per year in year one, to an estimated $60,000 per year once the tower is fully occupied with four carriers in year four, WHEREAS, the Village Board recognizes the role Water Department staff played in identifying this opportunity for non-tax revenue and supporting its construction, and recognizes the continuing need for funds to support maintenance of water supply infrastructure, RESOLVED, the Village Board authorizes the Village Treasurer to allocation 25% of annual cell tower revenues to the Water Fund. . Motion by Trustee Lightfoot-Cooper, seconded by Trustee Jean-Gilles to accept the resolution as presented. Motion approved by a vote of 3-1-1 (Trustee Riobe-Taylor absent). RESOLUTION NO. 2024-125 – APPROVE THE MAYOR’S APPOINTMENT OF TAYLOR MANDELBAUM TO THE BOARD OF THE NYACK HOUSING AUTHORITY TO COMPLETE THE UNEXPIRED TERM OF DON HAMMOND RESOLVED, the Village Board of Trustees to approve the Mayor’s appointment of Taylor Mandelbaum to the board of the Nyack Housing Authority to complete the unexpired term of Don Hammond, through December 31, 2028. Motion by Trustee Lightfoot-Cooper, seconded by Trustee Jean-Gilles to accept the resolution as presented. Motion approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent). RESOLUTION NO. 2024-126 – APPROVE THE PLACEMENT OF A STOP SIGN AT THE INTERSECTION OF NORTH MIDLAND AND SIXTH AVENUE RESOLVED, the Board of Trustees of the Village of Nyack approves the placement of a stop sign at the intersection of North Midland Ave and Sixth Avenue, following a pattern of stop signs established along this corridor, reports about accident frequency and public petition. Motion by Trustee Jean-Gilles, seconded by Trustee Lightfoot-Cooper to accept the resolution as presented. Motion approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent). RESOLUTION NO. 2024-127 – AWARD A CONTRACT FOR CULVERT REPLACEMENT AT DPW YARD TO GENTILE CONSTRUCTION CORPORATION IN THE AMOUNT OF $369,675 Page 6 of 16  WHEREAS, the Nyack Village Board previously authorized the bidding of a public works project to replace the culvert at the Department of Public Works, 67 Catherine Street. WHEREAS, bids were opened on August 6, 2024 (a total of five bids were received), and the lowest responsible bid for the project was received from Gentile Construction Corp, for $369,675. WHEREAS, the Village Engineer has reviewed the bids and recommended the award of the project to Gentile Construction Corp, for $369,675, plus an “if and where directed” item of $2,500. NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE NYACK VILLAGE BOARD AS FOLLOWS: That the Village Administrator is authorized to contract with Gentile Construction Corp, for $369,675, plus $2,500 in contingency funds, for the Nyack DPW Culvert Replacement Project, subject to the approval of the Village Attorney as to the form of the contract. Motion by Trustee Lightfoot-Cooper, seconded by Trustee Jean-Gilles to accept the resolution as presented. Motion approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent). RESOLUTION NO. 2024-128 – REFUND $8.74 IN BUILDING FEES TO CHI WONG OF 107 HIGH AVENUE RESOLVED, Nyack Village Board approves the refunding of $8.74 in Building Fees to Chi Wong of 107 High Ave, due to an overpayment. Motion by Trustee Lightfoot-Cooper, seconded by Trustee Jean-Gilles to accept the resolution as presented. Motion approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent). RESOLUTION NO. 2024-129 – APPROVE REIMBURSEMENT TO FIRE STAR MANAGEMENT FOR WITHDRAWN BUILDING PERMIT RESOLVED, the Board of Trustees of the Village of Nyack approves reimbursement of $200 in building permit fees collected by the Building Department. Motion by Trustee Lightfoot-Cooper, seconded by Trustee Jean-Gilles to accept the resolution as presented. Motion approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent). Page 7 of 16 RESOLUTION NO. 2024-130 – AUTHORIZE EMINENT DOMAIN CONDEMNATION PROCEEDINGS AGAINST TWO PROPERTIES FOR THE SAFE ROUTES TO SCHOOLS SIDEWALK PROJECT WHEREAS, the Village of Nyack has authorized the “Safe Route to Schools” capital project to improve certain sidewalks within the Village to increase the mobility and safety of children walking to and from school and meet ADA requirements for said sidewalks; and WHEREAS, in order to facilitate the project, the Village needs to obtain certain property from owners that are adjacent to said areas, and WHEREAS, a majority of the property owners have voluntarily executed deeds in favor of the Village; and WHEREAS, two property owners have not voluntarily executed deeds in favor of the Village and it is necessary for the Village to proceed with eminent domain proceedings; and WHEREAS, the owner of acquisition Map 5, 239 Main St, has refused to sell easements to the Village for the proposed sidewalk construction benefiting both the property owner and the public; and WHEREAS, the reputed owner of acquisition Maps 11 and 12, 281 Upper Depew and 25 Rte. 59 – two separate and adjacent parcels with the same owner, – have verbally expressed voluntary consent to the acquisition of the two maps, available public land records are insufficient to certify title to these parcels; additionally, the owners are unable to provide the corporate documents necessary to establish document signing and payment authority. We are therefore unable to prepare the agreement and transfer documents necessary to advance the project. It is unclear when or if the owners will be able to provide the necessary documentation. WHEREAS, the Village has determined that the action is a Type II Action pursuant to 6 NYCRR Part 617 (SEQRA) and no further review is required; and WHEREAS, pursuant to the provisions of Article 2 of the New York Eminent Domain Procedure Law (“EDPL”), certain procedural prerequisites to acquiring a property interest through eminent domain proceedings, including the conduct of a public hearing on notice and the rendering by the condemning authority of determination and findings are applicable unless one or more exemptions to such procedural requirements is applicable; and WHEREAS, one exemption from compliance with the provisions of EDPL Article 2 is established by Section 206(D), when in the opinion of the condemnor the acquisition is de minimis in nature so that the public interest will not be prejudiced by the construction of the project; and Page 8 of 16  WHEREAS, that the properties to be acquired are much smaller in scale compared to the entire parcels and only involves a small portion of each property directly adjacent to the public right of way. Further, the project is not for commercial purposes, will not require the removal of any existing structures or otherwise interfere with the current residential use of these parcels or visual appearances, and will each serve a valid public purpose, that being the improvement of the sidewalk and completion of the project as a whole. Now, therefore, be it RESOLVED, based upon the relatively small size and scale of the acquisition needed at 237 Main Street, Nyack, New York, 10960, further identified as tax map parcel number 65.44-2- 14, and the lack of appreciable interference with the condemnees’ use of or appearance of their property, the benefit the project will have to the affected and nearby parcels, the Village and the public at large, it is hereby determined that the acquisition of the real property interests described herein, are de minimis in nature so that the public interest will not be prejudiced by the taking, and as a result, the proceedings will be exempted from the procedural requirements of Article 2 of the EDPL; RESOLVED, that the properties located at 281 Upper Depew, Tax number 65.36-1-50, and 25 Route 59, Tax number 65.35-1-17, both under the same ownership, are under consideration for potential proceedings under the Eminent Domain Procedure Law (EDPL) due to the lack of required documentation despite several attempts to obtain it, and will be condemned absent a prompt resolution of the outstanding documentation; and it is further RESOLVED, the properties to be acquired are deemed necessary for the completion, construction and future maintenance of the “Safe Route to Schools” project, and without the acquisitions, the Village will be unable to complete said project, and therefore, the properties to be acquired are for a public use and will confer a public benefit; and it is further, RESOLVED, the attorney for the Village is hereby authorized and directed to proceed to have the necessary papers prepared to satisfy the requirements of the Eminent Domain Procedure Law, and to prepare and file the necessary petition and accompanying documents with the Supreme Court, Rockland County, New York for an order granting the Village permission to acquire the subject property for the purpose of the “Safe Route to Schools” project. Motion by Trustee Carlin, seconded by Trustee Jean-Gilles to accept the resolution as presented. Motion approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent). RESOLUTION NO. 2024-131 – AMEND THE BOND RESOLUTION ADOPTED JUNE 28, 2018 AND HERTOFORE AMENDED ON MARCH 25, 2021 RELATING TO THE CONSTRUCTION OF IMPROVEMENTS TO THE VILLAGE WATER SYSTEM Recitals: Page 9 of 16  WHEREAS, on June 28, 2018, the Board of Trustees of the Village of Nyack, in the County of Rockland, New York, has heretofore duly authorized the issuance of bonds to finance the construction of improvements to the Village water system at the estimated total cost of $10,000,000, which amount was appropriated for such purpose pursuant to the bond resolution adopted by said Board of Trustees on June 28, 2018; and WHEREAS, said bond resolution limited the maximum maturity of the bonds to five (5) years; and WHEREAS, on March 25 2021, the Board of Trustees of the Village determined that it was in the best interests of the Village to amend such bond resolution to authorize bonds with the maximum maturity authorized pursuant to the Local Finance Law for such purpose, forty (40) years, as authorized pursuant to Section 11.00 a. 1. of the Local Finance Law; and WHEREAS, it has now been determined that the estimated maximum cost shall be $15,000,000 and it is in the best interests of the Village to further amend said bond resolution to accurately reflect the revised estimated maximum cost of $15,000,000 and to authorize the issuance of bonds in the maximum amount of $15,000,000; Now, therefore, be it 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 June 28, 2018 and heretofore amended on March 25, 2021, entitled: “Bond Resolution of the Village of Nyack, New York, adopted June 28, 2018 and amended March 25, 2021, authorizing the construction of improvements to the Village water system, stating the estimated maximum cost thereof is $10,000,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of not to exceed $10,000,000 to finance said appropriation,” is hereby amended to read as follows: BOND RESOLUTION OF THE VILLAGE OF NYACK, NEW YORK, ADOPTED JUNE 28, 2018, AMENDED MARCH 25, 2021, AND FURTHER AMENDED AUGUST 22, 2024, AUTHORIZING THE ISSUANCE OF BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000 TO FINANCE THE CONSTRUCTION OF IMPROVEMENTS TO THE VILLAGE WATER SYSTEM, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $15,000,000 AND APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE Page 10 of 16  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 $15,000,000 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 as described in the report dated June 2017, prepared by the H2M architects & engineers. Section 2. The estimated maximum cost of the project described herein, including preliminary costs and costs incidental thereto and the financing thereof, is $15,000,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of bonds in the principal amount of not to exceed $15,000,000 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. 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 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 $10,000,000 bonds are authorized to be issued is forty (40) years pursuant to Section 11.00 a. 1 of the Law. (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 Page 11 of 16 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 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 Section 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 executing agreements for credit enhancement, 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 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. 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 Page 12 of 16 filed and the Proposition submitted therefor is defeated, the validity of the bond resolution adopted on June 28, 2018, as amended on March 25, 2021, shall not be in any way affected and shall remain in full force and effect. Motion by Trustee Jean-Gilles, seconded by Trustee Lightfoot-Cooper to accept the resolution as presented. Motion approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent). RESOLUTION NO. 2024-132 – AWARD A CONTRACT FOR PHASE B OF THE CONSTRUCTION OF IMPROVEMENTS TO THE VILLAGE WATER SYSTEM TO FLETCHER CREAMER IN THE AMOUNT OF $6,343,278 WHEREAS, the Nyack Village Board previously authorized the bidding of a public works project for Phase B of the Construction of Improvements to the Village Water System. WHEREAS, bids were opened on August 7, 2024 (a total of three bids were received), and the lowest responsible bid for the project was received from Fletcher Creamer Corp, for $6,797,300. WHEREAS, H2M Engineering has reviewed the bids, and recommended the award of the project to Fletcher Creamer, WHEREAS, H2M Engineering has further reviewed the project scope, found that Klein Ave can be removed from the scope, and has adjusted the project cost accordingly, to $6,343,278. NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE NYACK VILLAGE BOARD AS FOLLOWS: That the Village Administrator is authorized to contract with Fletcher Creamer Corp, for $6,343,278 for Phase B of the Construction of Improvements to the Village Water System Project, subject to the approval of the Village Attorney as to the form of the contract. Motion by Trustee Jean-Gilles, seconded by Trustee Lightfoot-Cooper to accept the resolution as presented. Motion approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent). DEPARTMENT REPORTS (based on availability) Mayor – Orangetown Police Department – Thank you again for the fast and safe resolution of the event that took place last week. Page 13 of 16 Village Administrator – Ambassador’s Program – Through the good work of Don Hammond and Ken Zebrowski the village received $30,000 in funding. In order to receive funding organizations are required to have 503(c)(3) status. Funding recipients - Nyack Center, Rock Town Warriors, Nyack Hoops. Nyack Hoops is working on status in order to receive monies. Would like Board support to move money to Ambassador to continue the program. Another $25,000 coming from Office of Children and Family services through Ken Zebrowski; Sidewalk Repair Cost Share Program – One project completed and another application on the table; terms must be owner occupied small buildings Summer of Soul this weekend; Newly painted crosswalks; DPW doing lots of maintenance around the village; Climate Sustainability Group is launching new project – Grant money to pay Marcy Denker to do a Climate change and vulnerability and adaptation plan. Looking to bring together community groups to speak on the various issues to advise on the plan; State funding provided us with two new pickup trucks for the Water Dept., new electric ride on lawnmower, chainsaws, weed whackers and other battery power tools and other equipment; $260,0000 funding available for roof top solar – Working on feasibility for DPW, Chelsea Fire House and Water Treatment Plant; save money on making our own electricity; Next project – making Village Hall a zero emissions building (Smart Building) that will be funded by grants Sidewalks in disrepair in front of abandoned home locations. Village taking care of and back charging owner for securing locations and cutting overgrowth. Upcoming CDBG grant will help remediate concerns in certain areas. Fliers will be made and put up around town for those that have no access to social media; Status with “constable” position – still working on it. Constable title not available to the Village; looking at code enforcer position and private sector security solution. Village Clerk – None Village Treasurer – None OLD BUSINESS NEW BUSINESS Fee Policy for the Village-Owned Electric Vehicle Charging Stations Page 14 of 16  10 Charging Stations in the works, fee schedule being set for the pubic, village employees and vehicles will be free Parkland Alienation Application for the Site of the Former River Club Restaurant Designated parkland by NYS, looking to reverse in order to lease or sell Downtown Revitalization Initiative Committee and Process State released grant due end of October; ready to organize committee Holiday Village Plan and Budget Creating a series of programs around the holidays to encourage people to “shop, sip and sup”. Program to be funded with hotel tax and tourism grant monies; Creating sales opportunities for local businesses. COMMUNICATIONS - Samantha Buckley, 25 Summit St, Block party event application DATE/HOURS. - Brandon Donoher, Memorial Park event permit request for wedding gathering, 6-7 PM on Friday, October 4, 2024. - Morgana Zilarra, Memorial Park event permit request for drum and dance event, Upper Lawn, Sunday, September 15, 2024. - Molly Grennan, Memorial Park event permit request for son’s 10th birthday, Sunday, 9/8/24, 2:30-4:30 PM (rain date – 9/15/24) - Lori Jagisch, pedestrian safety concerns, High Ave between 9W and Thruway o Search for grant reach out to DOT for plan of action and thruway authority - Manuel Carpio, Memorial Park event permit request, 9/7/24 wedding gathering at gazebo Board consensus giving the Administrator the authority to vet and approve events. PUBLIC COMMENT Elizabeth Sapia - Speeding on N. Midland Avenue; safety along four-way corridor; residents would like to thank you for consideration of stop sign; would like larger sightlines and speed limits are inconsistent throughout the neighborhood; speeding at intersection of Fifth Ave. Emily Feiner – Changes in the village and how it is run. Lack of responsiveness to the public. Dismissing the woman on the Board. Matthew (Mayor’s Intern) – Loved working here. Gained a lot of experience and knowledge. Mayor and Board thank Matt for all his hard work putting together a project of all prior mayors and board members and visiting all local businesses gathering owner and contact information. Great job! EXECUTIVE SESSION Page 15 of 16 ADJOURNMENT Meeting adjournment in memory of Trudi Feiner, a long-time village resident and business owner. Motion to adjourn by Trustee Jean-Gilles, seconded by Trustee Lightfoot-Cooper to adjourn the meeting at 10:04 pm. The motion was approved by a vote of 4-0-1 (Trustee Riobe-Taylor absent). VILLAGE CLERK Page 16 of 16