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, January 30, 2025 Present: Joseph Rand, Mayor Pascale Jean-Gilles, Trustee Joseph Carlin, Trustee Nathalie Riobe-Taylor, Trustee Also Present: Andrew Stewart, Village Administrator Dennis Michaels, Village Attorney Linda Donnelly, Village Clerk Absent: Donna Lightfoot-Cooper, Trustee Meeting called to order at 7:38 pm Pledge of Allegiance Mayor’s Introduction Thank you to the Nyack NAACP and Pilgrim Baptist Church for the MLK ceremony; thank you to Bill Batson for Service March and collection of food and clothing donations. PRESENTATIONS Distinguished Service Award – Fire Chief Miles Taylor Holiday Decoration Awards Presentations: The Levi Burnett Holiday Spirit Award — 2024 Judge’s Choice Award Jeremy and Jennifer Patuto 208 Highmount Avenue The 2024 Levi Burnett Holiday Spirit Award — 2024 Popular Choice Award Matt Koke and Bobby Belfry 204 High Avenue The 2024 Downtown Holiday Decorations Award — 2024 Judge’s Choice Award The Quilt Tree 9 South Broadway Page 1 of 9  The 2024 Downtown Holiday Decorations Award — 2024 Popular Choice Award Crystals on the Rocks 11 South Broadway COMMENTS FROM THE VILLAGE BOARD PUBLIC COMMENT James Dawson-Hollis – Notice to Remedy for hedges intimidating; conversations with building dept. employees comes across as smug; need to have discussions about this; should be evaluated on case-by-case basis; want to see traffic study; on-street parking blocks view more than the hedge Elizabeth Turk – Haven’t received notice as of yet but expecting to; doesn’t want to take down hedges; cars are blocking sight not hedges; should be a stop sign at Marion and Third; get rid of first two parking spots on Marion; west on Fourth should be one-way Robert Silarski – Request all Notices of Remedy be suspended pending definitive proof by the village that the hedges are the cause of automobile accidents and if proof isn’t provided any notices should be withdrawn and if proof can be provided, remove all parking spaces within 30’ of every corner and driveway opening onto a street throughout the village; add stop signs at Fifth, Fourth and Sixth to calm traffic; request public hearing be held on the matter; request the Village Board bear the cost of trimming Jennifer Eno – Thought the notice very threatening; person who came to my house, while polite, tone was threatening; three accidents in front of my house caused by speeding cars; parked cars blocking view; if your requesting cutting of hedges – what are you doing about the deer Joni Olsen – Received a Notice to Remedy; every spring hedges are trimmed; spoke with Code Enforcement – can’t cut hedges this time of year; can’t see over the parked cars not the hedges Natalie Hansen – Wondering if minutes are available; interested in laws for the hedge violation – wants to fully understand; wants to know who to speak to if there are questions; completely agrees with things being looked at on a case-by-case basis; received a very serious notice PUBLIC HEARINGS Proposed Local Law will Amend Article VII (Parking, Standing and Stopping), of the Code of the Village of Nyack, so as to Add a New §330-53a Regulating and Restricting Spaces to be Designated and Reserved for Electric Vehicles (EV) Only Motion to open the public hearing offered by Trustee Riobe-Taylor, seconded by Trustee Jean- Gilles Open Public Hearing on the Proposed Local Law Amending Article VII (Parking, Standing and Stopping), of the Code of the Village of Nyack, so as to Add a New §330-53a Regulating and Restricting Spaces to be Designated and Reserved for Electric Vehicles (EV) Only Page 2 of 9  Mayor Rand invited public and Board comment. Trustee Carlin – How many spaces do we have? Administrator Stewart – 4 at Veteran’s Park and 4 at the Marina Motion to close the public hearing offered by Trustee Jean-Gilles, seconded by Trustee Carlin. On roll call the vote was a follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor. . . . . Yes Trustee Lightfoot-Cooper . . Absent Mayor Rand. . . . . . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Yes ADOPTION OF MINUTES – 12/12/24 and 01/06/25 On motion of Trustee Jean-Gilles, seconded by Trustee Carlin. The minutes of the meeting held on 12/12/24 and 01/06/2024 were accepted as presented. ACTION ITEMS RESOLUTION NO. 2025-6 – ACCEPTING AUDITED VOUCHER SUMMARY The following resolution was offered by Trustee Riobe-Taylor, seconded by Trustee Jean-Gilles. WHEREAS, the Audited Voucher Summary was presented to the Nyack Village Board of Trustees at its regularly scheduled meeting of January 30, 2025. RESOLVED, the Village Board hereby approves the General Fund Claims set forth on pages 1 through 12 in the amounts of GENERAL FUND $177,444.08 PARKING AUTHORITY $ 21,131.86 WATER FUND $ 67,229.23 CAPITAL FUND $ 8,624.03 On roll call the vote was a follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . Yes Trustee Lightfoot-Cooper . . Absent Mayor Rand . . . . . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Page 3 of 9 RESOLUTION NO. 2025-7 – ADD A NEW §330-53A REGULATING AND RESTRICTING CERTAIN PARKING SPACES TO BE DESIGNATED AND RESERVED FOR ELECTRIC VEHICLES (EV) ONLY The following resolution was offered by Trustee Carlin, seconded by Trustee Riobe-Taylor At 8:00 PM, during a regular meeting of the Board of Trustees of the Village of Nyack (“Village”), convened on January 30, 2025, the below-described Public Hearing was (i) opened, or (ii) was opened at, and continued from, a prior meeting (or meetings), or (iii) was opened at, continued from, and closed at, a prior meeting (or meetings); 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 regulations embodied in Chapter 330 (Vehicles and Traffic) thereto. 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 Page 3 of 5 regard to proposed text amendments to the Village Code, which amendments are summarized as follows: The proposed Local Law, if adopted by the Village Board, will amend Chapter 330 (Vehicles and Traffic) of the Village Code, so as to add a new §330-53A, to Article VII (Parking, Standing and Stopping), of said Chapter 330; which Local Law is appended hereto, made a part hereof and marked as “ATTACHMENT A.” WHEREAS, a copy of the proposed Local Law was 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), on January 30, 2025, the Village Board (i) opened, or (ii) previously opened at a prior meeting, and held open/continued, or (iii) previously opened and held open/continued, and closed, at a prior meeting (or meetings), a Public Hearing on the proposed Local Law. WHEREAS, the Village Board finds, after reviewing the proposed Local Law, and after hearing from (i) the Village Administrator, and (ii) the Village’s residents, business proprietors and property owners, that this Local Law will empower the Village Board, by Resolution, to designate specific reserved parking spaces on Village streets and roads, Village parking lots, and Village property, for the use solely by motor vehicles that are “electric vehicles” (“EV”) that are connected to an “electric vehicle charging station” (“EV charging station”), which EV designated reserved parking spaces will be referred to as an “EV space;” and violators of such proscription shall be subject to a fine of $200.00. NOW, THEREFORE, based on all of the documentation and information before the Village Board, and the findings and determinations made herein; Page 4 of 9  BE IT RESOLVED that the Village Board hereby adopts the Local Law in the form and substance as appended hereto as “ATTACHMENT A,” and as same may have been amended “by- hand” during the Public Hearing; On roll call the vote was a follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . Yes Trustee Lightfoot-Cooper . . Absent Mayor Rand . . . . . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Yes RESOLUTION NO. 2025-8 – AMEND THE VILLAGE FEE SCHEDULE, AS PER VILLAGE CODE §360-4.5(L), TO SET THE AMOUNT OF PAYMENT IN LIEU OF PROVIDING A REQUIRED OFF-STREET ACCESSORY PARKING SPACE The following resolution was offered by Trustee Riobe-Taylor, seconded by Trustee Jean-Gilles During a regular meeting of the Board of Trustees of the Village of Nyack (“Village”), convened on January 30, 2025, 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, pursuant to Village Code §360-4.5(L)(1)(a), is authorized to set, by Resolution, the amount of the fee/payment that will satisfy the accessory off-street parking space requirement, or a Page 4 of 5 portion thereof, in lieu of providing a required parking space (or spaces), for development projects located within the DMU-1, DMU-2, RMU, OMU or CC Zoning Districts, which said payment in-lieu of a parking space may be changed whenever the Village Board deems it appropriate to do so, as per §360-4.5(L)(1)(a). WHEREAS, in 2005 this fee was determined to be $22,000, NOW, THEREFORE, BE IT RESOLVED, that the Village Board finds and determines, after hearing from (i) the Village Administrator, (iii) the Village’s Chief Building Inspector, and after reviewing the July 11, 2005 Planning Board meeting minutes and the July 25, 2005 Zoning Board of Appeals minutes showing the payment of this fee in 2005, that the payment-in-lieu of a parking space shall be $22,000 per space, and the Village’s Fee Schedule shall be amended to prescribe the same; Trustee Carlin – Where do these funds go? Administrator Stewart – General Fund On roll call the vote was a follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . Yes Trustee Lightfoot-Cooper . . Absent Mayor Rand . . . . . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Page 5 of 9 RESOLUTION NO. 2025-9 – APPOINTING TAYLOR LIGHT TO THE PLANNING BOARD AS AN ALTERNATE MEMBER The following resolution was offered by Trustee Riobe-Taylor, seconded by Trustee Jean-Gilles RESOLVED, the Board of Trustees the Board of Trustees approves the Mayor’s appointment of Taylor Light to the Planning Board as an Alternate Member for a term of two years, to expire December 31, 2026. On roll call the vote was a follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . Yes Trustee Lightfoot-Cooper . . Absent Mayor Rand . . . . . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Yes RESOLUTION NO. 2025-10 – AGREE TO, AND AUTHORIZE THE VILLAGE ATTORNEY TO SIGN, A STIPULATION OF SETTLEMENT AND GENERAL RELEASE REGARDING THE PENDING LAWSUIT IN NYS SUPREME COURT, AND THE THREATENED FEDERAL CLAIM/ACTION, BY FABULOUS EVENTS, INC. D/B/A ABC PARTY RENTALS, NORMAN DEUTSCH, MARGARET DEUTSCH, ISAAC DEUTSCH, AND BSD149, LLC The following resolution was offered by Trustee Riobe-Taylor, seconded by Trustee Jean-Gilles During a regular meeting of the Board of Trustees of the Village of Nyack (“Village”), convened on January 30, 2025, the following Resolution was duly offered and seconded, to wit: WHEREAS, the Village Board of Trustees (“Village Board”), in addition to various Village officers, officials, staff, employees and land use board members (“Village parties”) (i) are respondents/defendants in a pending “Article 78” legal proceeding commenced by Norman Deutsch and Fabulous Events, Inc. d/b/a ABC Party Rentals, which includes a claim of an “unconstitutional taking,” which was filed in NYS Supreme Court, Rockland County, and issued Index #032253/2024 (“State Court case”), and (ii) are also the target of a threatened federal civil rights claim alleged by Fabulous Events, Inc. d/b/a ABC Party Rentals, Norman Deutsch, Margaret Deutsch, Isaac Deutsch and BSD149, LLC (“threatened federal action”); which State Court case, and threatened federal action, relate to the property commonly known as 149 Burd Street. NOW, THEREFORE, BE IT RESOLVED, that the Village Board, (1) without admitting, accepting, acknowledging or conceding any wrongdoing, culpability, liability, fault, responsibility or blame, agrees to, and authorizes the Village Attorney to sign, the Stipulation of Settlement and General Release, regarding both the State Court case and the threatened federal action, which is attached hereto and marked as “ATTACHMENT A;” and Page 6 of 9  (2) authorizes and directs the Village Clerk or Village Treasurer to issue a $10,000.00 check, and requests that the Village’s insurance carrier, New York Municipal Insurance Reciprocal (NYMIR), issue a $2,500.00 check, both checks payable to the order of “Law Office of Amy Mele;” On roll call the vote was a follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . Yes Trustee Lightfoot-Cooper . . Absent Mayor Rand . . . . . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Yes RESOLUTION NO. 2025-11 – PAY A PARTIAL REIMBURSEMENT TO JILL SHRECK FOR MISTAKEN PAYMENT OF BOAT LAUNCH FEE, RATHER THAN REGULAR PARKING METER FEE, AT THE VILLAGE MARINA ON 01/25/2025 The following resolution was offered by Trustee Riobe-Taylor, seconded by Trustee Carlin During a regular meeting of the Board of Trustees of the Village of Nyack (“Village”), convened on January 30, 2025, the following Resolution was duly offered and seconded, to wit: WHEREAS, the Village Board of Trustees (“Village Board”), as per Article IV (“Parking Meter and Parking Meter Zones”) and Article V (“Municipal Parking Lots”), of Chapter 330 (“Vehicle and Traffic”), of the Village Code, is empowered and authorized to (at minimum) legislate, and fiscally administer, the rules and regulations of said Articles of Chapter 330, including reimbursement of parking meter fees, or portions thereof, that were paid in error under circumstances warranting a refund, or partial refund. NOW, THEREFORE, BE IT RESOLVED, that the Village Board finds and determines, that: (1) on 01/25/2025, Jill Shreck inadvertently paid a $25.00 Boat Launch fee at the Village Marina parking lot, rather than a regular parking meter fee, for her, and her husband’s, light blue Subaru Cross Trek motor vehicle (New Jersey license plate # J55RUA), who were attending an event at The Seaport, from 12:42 PM through 2:30 PM, and who did not launch a boat, which fee at a regular parking meter would have totaled $1.50; and (2) therefore, Jill Shreck, for the reasons aforesaid, inadvertently overpaid the Village in the amount of $23.50, which overpayment shall be reimbursed by the Village to Jill Shreck. Page 7 of 9 On roll call the vote was a follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . Yes Trustee Lightfoot-Cooper . . Absent Mayor Rand . . . . . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Yes DEPARTMENT REPORTS (based on availability) Orangetown Police Department – Hoping for a meeting next week; discussion on what’s going on in Memorial Park; status of the SLA complaint regarding Cards Plus store; police vehicle parking; information on ICE locally Village Attorney – Village Administrator – Reviewing Nyack Tourism Grants – Next meeting bringing forward a list of proposed funding levels (received approximately $112,000 of grant application requests from approximately 15 applicants and have about $50,000 to allocate); convened Community Development Block Grant Committee (CDBG), updated committee on expanded eligible geography, preparing to implement latest grant (sidewalks on north end of the village), using $300,000 to do improvements on the Senior Center. There will be a public hearing on the grant and will be posted; starting memorial park shoreline path grant funding project (walkway from ped bridge to bridge viewing platform) Village Clerk – OLD BUSINESS Community Forum on Quality of Life/Indigency - 1/13/25 – Report Representation from Police Dept., Social Service Agencies and County Depts. Hope is we will have a public safety patrol person soon that will address issues. Workshop on Parking Policy in the Hospital Zone, 1/30/25 – Report Village will apply to NYS for “resident only parking” surrounding the hospital. NEW BUSINESS Rockland Conservation Service Corps, 2 members x $2500 each, grant-funded, for MS4 mapping project with DPW and Village Engineer oversight. Village Board – Agree with application Tree committee planting proposal for Memorial Park by brook. Administrator Stewart – Plan changed slightly and approved final version. Tree line into great lawn but not close to activities. Provide shade to southside of great lawn. Page 8 of 9  Trustee Jean-Gilles – Would like a tree line for noise reduction closer to McDonalds area. Trustee Carlin – Proposed tree planting encroaching more on the great lawn. Hesitant on taking up this space. Mayor Rand – Would like to see a plan layout. Try and get someone here from tree committee. COMMUNICATIONS Ashley Curtis, Hudson River Day at Memorial Park, Wednesday, 10/15/25 Village Board – Resolution next meeting Louise Newsome, Trade and Prosper, Craft Vendor Market, 10/4/25 and 10/5/25 Village Board – Resolution next meeting Ann Deats, handicapped space request for S Franklin St by Pavion. Village Board – Resolution next meeting Mark Mangan, Teresa Hierholzer, Cannabis education and vendor event, 4/26/25 (rain date 4/27/25), Memorial Park upper lawn. Page 5 of 5 Village Board – Resolution next meeting Jenna Nazerio, Tunnel to Towers mobile exhibit, Memorial Park, October 9-11, 2025 Village Board – Resolution next meeting Letter of Recognition for Latoya Aguillard from Attorney Ricki Berger EXECUTIVE SESSION ADJOURNMENT Motion offered by Trustee Riobe-Taylor, seconded by Trustee Jean-Gilles. Motion carried unanimously. VILLAGE CLERK Page 9 of 9