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Village Board of Trustees Meeting

Regular Meeting

Nyack, NY · April 10, 2025

AgendaMinutes

Minutes

Minutes of the Regular Meeting of the Village of Nyack Board of Trustees Held at Village Hall at 7:30 pm on Thursday, April 10, 2025 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 Linda Donnelly, Village Clerk Kyle Coimbra, Treasurer Absent: Nathalie Riobe-Taylor, Trustee Meeting called to order at 7:30 pm Pledge of Allegiance Mayor’s Introduction Sunday first street fair of the year; 4:00 p.m. Coheed and Cambria performing at Hezikiah Easter Square – receiving “key to the village”; Friday, Pasta Dinner 7:00 pm at St. Ann’s; Saturday first flower market 10:00 am at Hezikiah Easter Square; Monday, 6:00 p.m. Raso Room 4th floor Palisades Mall, Shared Use Path Meeting - Walking Path on this side of the Hudson; Budget Meeting, Tuesday, 6:30 pm I wish everyone a Happy Passover and Happy Easter! COMMENTS FROM THE VILLAGE BOARD Trustee Carlin – Saturday, April 19th, Keep Rockland Beautiful, 9:00 a.m. – 12:00 p.m. Meeting at the YMCA. Please register at Keep Rockland Beautiful. PRESENTATIONS Dominic Pilla, Planning Board referral of 80 S. Broadway application for a fourth floor Special Permit from Board of Trustees with conditions – Sarah Murray presenting Trustee Carlin – Three-story not vetted by Planning or ARB. Trustee Lightfoot-Cooper – Is the 4th story for green space? If you don’t do the 4th floor will there be a green roof? Trustee Jean-Gilles – There isn’t much by way of public benefit. Has that been reconsidered? Sarah Murray – Yes. Limited by square footage. Not much to add. Tandem parking in cellar. Trustee Jean-Gilles – Affordable housing units? Sarah Murray – Only add one more Page 1 of 13 Steven Honan, Atty. Representing Keith Taylor – Area over developed; building out of scale; must balance with benefit to community; violation of comprehensive plan John Gromada, Resident – 3-story option conforms with character of village Trustee Carlin – Reports from FD and EMS show objections to height of 4th story Trustee Jean-Gilles – More robust public benefit; more affordable housing – 6 units; address concerns of neighbors and FD Trustee Lightfoot-Cooper – More benefit for village; 3-story more in character; not ready for final decision Trustee Carlin – Concerned with character; in favor of 3-story Mayor Rand – Prefer 4th story, setback more esthetically pleasing; would like a more robust public benefit PUBLIC HEARINGS Preliminary Annual Budget FY 2025-2026 Motion to open the public hearing offered by Trustee Jean-Gilles, seconded by Trustee Lightfoot- Cooper Open Public Hearing on Preliminary Annual Budget FY 2025-2026 8:24 p.m. Discussion deferred due to absence of Jennifer Hetling. Motion to continue public hearing on 04/24/2025 offered by Trustee Lightfoot-Cooper, seconded by Trustee Jean-Gilles ADOPTION OF MINUTES – 03/27/25 On motion of Trustee Lightfoot-Cooper, seconded by Trustee Jean-Gilles. The minutes of the meeting held on 03/27/2025 were accepted as presented. ACTION ITEMS RESOLUTION NO. 2025-42 – ACCEPTING AUDITED VOUCHER SUMMARY The following resolution was offered by Trustee Lightfoot-Cooper, 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 April 10, 2025. RESOLVED, the General Fund Claims set forth on Pages 1 through 9 in the below listed amounts are approved for payment: GENERAL FUND $56,496.10 NYACK PARKING AUTHORITY $ 3,160.16 WATER FUND $ 3,546.54 CAPITAL PROJECTS – 2017 IMPROVEMENTS $ 5,506.31 Page 2 of 13 On roll call the vote was as follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Trustee Lightfoot-Cooper . . Yes Mayor Rand . . . . . . . . . . . . Yes RESOLUTION NO. 2025-43 – AMENDING THE BOND RESOLUTION ADOPTED AUGUST 25, 2022 AND HERETOFOR AMENDED ON MAY 9, 2024 RELATING TO THE CONSTRUCTION OF IMPROVEMENTS TO THE VILLAGE WATER SYSTEM The following resolution was offered by Trustee Lightfoot-Cooper, seconded by Trustee Jean- Gilles. 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 prepared for the Village by 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, on May 9, 2024 the Board of Trustees determined that the estimated maximum cost of such project was $6,200,000, and it was necessary and in the public interest to increase the appropriation therefor by $1,200,000 and such amount was appropriated for such purpose pursuant to a bond resolution adopted by said Board of Trustees on May 9, 2024, which authorized the issuance of $6,200,000 bonds as an amendment to the prior bond resolution adopted on August 25, 2022; and WHEREAS, it has now been determined that the estimated cost of such project shall be $8,000,000, and it is in the public interest to increase said appropriation by $1,800,000 and to increase the principal amount of bonds authorized by a like amount; NOW, THERFORE, 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 August 25, 2022 and heretofore amended on May 9, 2024, entitled: “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,” is hereby amended to read as follows: Page 3 of 13 BOND RESOLUTION OF THE VILLAGE OF NYACK, NEW YORK, ADOPTED AUGUST 25, 2022, AMENDED MAY 9, 2024, AND FURTHER AMENDED APRIL 10, 2025, AUTHORIZING THE ISSUANCE OF BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $8,000,000 TO FINANCE THE CONSTRUCTION OF IMPROVEMENTS TO THE VILLAGE WATER SYSTEM, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $8,000,000 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 $8,000,000 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 PFAS/PFOA Treatment at the Nyack Water Plant as described in the report prepared for the Village by 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 therefore, 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 $8,000,000 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 $8,000,000 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: (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. Page 4 of 13 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 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. *** Page 5 of 13 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, as amended on May 9, 2024, shall not be in any way affected and shall remain in full force and effect. On roll call the vote was as follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Trustee Lightfoot-Cooper . . Yes Mayor Rand . . . . . . . . . . . . Yes RESOLUTION NO. 2025-44 – APPROVE A HOME RULE REQUEST FOR SENATE BILL S.6859 AND ASSEMBLY BILL A.7323 REGARDING A VILLAGE OF NYACK HOTEL OCCUPANCY TAX The following resolution was offered by Trustee Carlin, seconded by Trustee Lightfoot-Cooper RESOLVED, that the Board of Trustees of the Village of Nyack approves a home rule request for New York State Senate Bill S.6859 and New York State Assembly Bill A.7323, to extend the hotel occupancy tax that will otherwise expire at the end of 2025. On roll call the vote was as follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Trustee Lightfoot-Cooper . . Yes Mayor Rand . . . . . . . . . . . . Yes RESOLUTION NO. 2025-45 – APPROVE AN APPLICATION FOR CDBG GRANT FOR SIDEWALK ON KILBY STREET The following resolution was offered by Trustee Carlin, seconded by Trustee Lightfoot-Cooper Page 6 of 13 RESOLVED, the Board of Trustees of the Village of Nyack approves an application to CDBG for a sidewalk on Kilby Street to connect Upper Depew to Rte. 59, and thanks to the members of the CDBG Committee for their advice. On roll call the vote was as follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Trustee Lightfoot-Cooper . . Yes Mayor Rand . . . . . . . . . . . Yes RESOLUTION NO. 2025-46 – SET A PUBLIC HEARING TO AMEND CHAPTER 360 (ZONING), AND §299-2 (BANNERS), OF THE CODE OF THE VILLAGE OF NYACK, TO MODIFY THE DEFINITION OF SIGN, TO ADD A DEFINITION OF MURAL, AND TO PRESCRIVE REVIEW AND APPROVAL/DENIAL OF MURALS BY THE VILLAGE BOARD OF TRUSTEES The following resolution was offered by Trustee Carlin, seconded by Trustee Lightfoot-Cooper RESOLVED, the Board of Trustees of the Village of Nyack schedules a public hearing to amend Chapter 360 (Zoning), and §299-2 (Banners), of the Code of the Village of Nyack, to modify the definition of sign, to add a definition of mural, and to prescribe review and approval/denial of murals by the Village Board of Trustees for 8:00 pm, Thursday, May 22, 2025. On roll call the vote was as follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Trustee Lightfoot-Cooper . . Yes Mayor Rand . . . . . . . . . . . . Yes RESOLUTION NO. 2025-47 - APPROVE AN APPLICATION FOR A FLOWER MARKET VENDOR EVENT SERIES IN HEZEKIAH EASTER VETERANS SQUARE The following resolution was offered by Trustee Lightfoot-Cooper, seconded by Trustee Jean- Gilles RESOLVED, the Board of Trustees of the Village of Nyack approves an application by Michael DeRobertis, to run a vendor market focused on flowers and gardening, in Hezekiah Square, on the following dates: April 12th, April 26th, May 10th, May 24th, June 7th, June 26th, July 5th, July 19th, August 2nd, August 16th, August 30th, September 13th, September 27th, October 11th, between the hours of 10 AM and 2 PM. Page 7 of 13 On roll call the vote was as follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Trustee Lightfoot-Cooper . . Yes Mayor Rand . . . . . . . . . . . . Yes RESOLUTION NO. 2025-48 – APPROVE AN APPLICATION FOR A BLOCK PARTY STREET CLOSURE ON SUMMIT ST ON SATURDAY, APRIL 19, 2025 The following resolution was offered by Trustee Jean-Gilles, seconded by Trustee Carlin RESOLVED, the Board of Trustees of the Village of Nyack approves an application by Katy Erdman and neighbors on Summit Street for a street closure for a block party on April 19, 2025, from noon- 8:00 PM. On roll call the vote was as follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Trustee Lightfoot-Cooper . . Yes Mayor Rand . . . . . . . . . . . . Yes RESOLUTION NO. 2025-49 – APPROVE AN APPLICATION FOR A WEDDING GATHERING IN MEMORIAL PARK GAZEBO ON APRIL 19, 2025, 6-7 PM The following resolution was offered by Trustee Lightfoot-Cooper, seconded by Trustee Jean- Gilles RESOLVED, the Board of Trustees of the Village of Nyack approves an application by Karen Matthews for a wedding gathering in Memorial Park gazebo, April 19, 2025, from 6:00 - 7:00 PM. On roll call the vote was as follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Trustee Lightfoot-Cooper . . Yes Mayor Rand . . . . . . . . . . . . Yes RESOLUTION NO. 2025-50 – APPROVE A STREET CLOSURE FOR THE BACK TO SCHOOL BBQ, SATURDAY, AUGUST 16, 2025 Page 8 of 13 The following resolution was offered by Trustee Lightfoot-Cooper, seconded by Trustee Jean- Gilles RESOLVED, the Nyack Village Board of Trustees approves a street closure for a special event on Depew Ave, between S. Franklin St and Liberty St, on Saturday, August 16, 2025, for the Back to School BBQ event. On roll call the vote was as follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Trustee Lightfoot-Cooper . . Yes Mayor Rand . . . . . . . . . . . . Yes RESOLUTION NO. 2025-51 – APPROVE THE 2025 STORMWATER II EDUCATION PROGRAM AGREEMENT WITH CORNELL COOPERATIVE EXTENSION The following resolution was offered by Trustee Jean-Gilles, seconded by Trustee Carlin RESOLVED, the Nyack Village Board of Trustees approves a contract with Cornell Cooperative Extension for Stormwater Regulation compliance services, at a cost of $2,579.80. On roll call the vote was as follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Trustee Lightfoot-Cooper . . Yes Mayor Rand . . . . . . . . . . . . Yes RESOLUTION NO. 2025-52 – APPROVE A LICENSE AGREEMENT WITH NYACK BOAT CHARTER TO CONDUCT BUSINESS FROM NYACK MARINA The following resolution was offered by Trustee Jean-Gilles, seconded by Trustee Carlin 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 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. Doug Foster – Plan to have charter with Washington Irving Boat Club for larger tours On roll call the vote was as follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Trustee Lightfoot-Cooper . . Yes Mayor Rand . . . . . . . . . . . . Yes Page 9 of 13 RESOLUTION NO. 2025-53 – ISSUE AN RFP FOR THE CAMP NYACK SUMMER CAMP PROGRAM The following resolution was offered by Trustee Jean-Gilles, seconded by Trustee Lightfoot- Cooper WHEREAS, the Village of Nyack has annually solicited proposals for the professional services associated with running the children’s summer camp program (“Camp Nyack”) offered to Village residents, and WHEREAS, the Village intends to allocate funds in its FY 2025-2026 budget to run the Camp Nyack, and WHEREAS, the Village Board reviewed the scope of the RFP at its last regularly scheduled Village Board meeting and instructed the Village Administrator to issue the RFP. NOW, THEREFORE, BE IT RESOLVED AND RATIFIED BY THE MEMBERS OF THE NYACK VILLAGE BOARD AS FOLLOWS: That the Village Administrator is authorized to issue an RFP for the Camp Nyack Summer Camp Programs on specifications previously utilized for the program, to be due on May 1, 2025. On roll call the vote was as follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Trustee Lightfoot-Cooper . . Yes Mayor Rand . . . . . . . . . . . . Yes RESOLUTION NO. 2024-54 - APPROVE PUBLICATION OF A COMPETITIVE BID FOR REPLACEMENT OF THE NYACK DPW ROOF AT 63 CATHERINE ST The following resolution was offered by Trustee Lightfoot-Cooper, seconded by Trustee Jean- Gilles RESOLVED, in consideration of the fact that the roof is in poor repair, and roof replacement will enable installation of a solar array that will be 100% grant funded and, over 7-10 years, avoided electricity cost will exceed the expected cost of the new roof, $123,250, 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, on Thursday, May 1, 2025, at 2:00 PM. On roll call the vote was as follows: Page 10 of 13 Trustee Jean-Gilles . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Trustee Lightfoot-Cooper . . Yes Mayor Rand . . . . . . . . . . . . Yes RESOLUTION NO. 2024-55 – APPROVE PUBLICATION OF A COMPETITIVE BID FOR REPLACEMENT OF THE NYACK DPW SALT SHED AT 63 CATHERINE ST The following resolution was offered by Trustee Jean-Gilles, seconded by Trustee Lightfoot- Cooper RESOLVED, in consideration of the fact that the salt shed in poor repair, and replacement will enable more efficient operation in better compliance with stormwater regulations, and the Village has a NYS SAM funding contract to pay for the new salt shed’s estimated cost of $350,000, 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, on Thursday, May 1, 2025, at 2:15 PM. On roll call the vote was as follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Yes Trustee Lightfoot-Cooper . . Yes Mayor Rand . . . . . . . . . . . . Yes PUBLIC COMMENT Marianne Olive – Flooding in rear of her building DEPARTMENT REPORTS (based on availability) Orangetown Police Department – The Board indicated it will invite a representative from OPD to come make a presentation on community issues. Village Administrator – Upper lawn at Memorial Park closed off for reseeding and irrigation; would like Board to consider area for organized sports OLD BUSINESS NEW BUSINESS Restaurant bump out policy Page 11 of 13 Monthly fee increased from $100 to $125; 4’ pedestrian path with be maintained; any two bump outs across from each other will be narrowed Main Street Promenade Business Council consensus to try on Wednesdays instead of weekends Weekend overnight parking in village lots Artopee Lot – Friday/Saturday overnight allowed Level 3 EV chargers approved for Catherine St Lot Verbal resolution by the Village Board of the Village of Nyack declaring Sunday, to Village Board declares Sunday, April 13, 2025, Coheed and Cambria Day. Motion carries. COMMUNICATIONS Kate Saltzberg, birthday party for 3 yr old, Memorial Park playground, Saturday, April 19, 11:00 AM – 1:00 PM, 20 guests Village Board verbal approval Rev. Jiji Varghese, Ignite Church, church anniversary, community event, gospel concert, Memorial Park gazebo, Sunday, August 17, 2025, 4-7 PM. Resolution for next meeting with confirmation regarding volume level DJ Morgana dance and music event 12:00 pm – 3:00 pm on April 19 Reschedule event for different day Volleyball group requesting Memorial Park upper lawn for every Tuesday night April 15 – early November Charge deposit for lawn maintenance; Board suggested that the group rotate locations on the upper lawn to prevent wearing patches in the lawn EXECUTIVE SESSION Motion by Trustee Jean-Gilles, seconded by Trustee Lightfoot-Cooper to enter executive session at 9:27 pm. Motion by Trustee Lightfoot-Cooper, seconded by Trustee Carlin to end executive session at 10:00 pm. Motion carried unanimously ADJOURNMENT Motion to adjourn in memory of Alexa White at 10:08 pm. Motion offered by Trustee Jean-Gilles, seconded by Trustee Lightfoot-Cooper. Motion carried unanimously. Page 12 of 13 VILLAGE CLERK Page 13 of 13

Agenda

Village of Nyack 9 North Broadway, Nyack, NY 10960 Meeting of the Village Board of Trustees April 10, 2025 7:30 pm YouTube meeting livestream access link (public comment is in-person only): www.nyack.link/youtube 1. Pledge of Allegiance. 2. Mayor Rand’s Remarks and Comments from the Village Board of Trustees 3. Public Comment on Any Topic (1-3 minutes depending on the quantity of speakers) 4. Presentation: Dominick Pilla, Planning Board referral of 80 S. Broadway application for a fourth floor Special Permit from Board of Trustees with conditions. 5. Public Hearings – FY 25-26 Village Budget – for details, see: https://www.nyack.gov/news/post/9220/ 6. Adoption of Minutes – Minutes for 3-27-25 7. Action Items THE DRAFT RESOLUTIONS SET FORTH BELOW ARE FOR CONSIDERATION BY THE VILLAGE BOARD OF TRUSTEES (“BOARD”), WHICH RESOLUTIONS MAY BE APPROVED, OR MAY NOT BE APPROVED, OR MAY BE APPROVED WITH MODIFICATION(S), OR MAY BE TABLED WITHOUT ANY ACTION BEING TAKEN BY THE BOARD – THEIR INCLUSION IN THIS AGENDA IS NOT, IN ANY WAY, DETERMINATIVE OF A DECISION, IF ANY, TO BE MADE BY THE BOARD. 7.1 Resolution No. 2025-42 Resolution of the Nyack Village Board accepting audited voucher summary WHEREAS, the Audited Voucher Summary was presented to the Nyack Village Board of Trustees at its regularly scheduled meeting of April 10, 2025. RESOLVED, that General Fund Claims set forth on pages 1 through 9 in the below-listed amounts are approved for payment: Page 1 of 8 General Fund– $ 56,496.10 Parking Fund – $ 3,160.16 Water Fund – $ 3,546.54 Capital Projects Fund – 2017 Improvements- $ 5,506.31 7.2 Resolution No. 2025-43 Resolution of the Nyack Village Board ADOPTED APRIL 10, 2025, AMENDING THE BOND RESOLUTION ADOPTED AUGUST 25, 2022 AND HERETOFORE AMENDED ON MAY 9, 2024 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 prepared for the Village by 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, on May 9, 2024 the Board of Trustees determined that the estimated maximum cost of such project was $6,200,000, and it was necessary and in the public interest to increase the appropriation therefor by $1,200,000 and such amount was appropriated for such purpose pursuant to a bond resolution adopted by said Board of Trustees on May 9, 2024, which authorized the issuance of $6,200,000 bonds as an amendment to the prior bond resolution adopted on August 25, 2022; and WHEREAS, it has now been determined that the estimated cost of such project shall be $8,000,000, and it is in the public interest to increase said appropriation by $1,800,000 and to increase the principal amount of bonds authorized by a like amount; 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 August 25, 2022 and heretofore amended on May 9, 2024, entitled: “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,” is hereby amended to read as follows: Page 2 of 8 BOND RESOLUTION OF THE VILLAGE OF NYACK, NEW YORK, ADOPTED AUGUST 25, 2022, AMENDED MAY 9, 2024 AND FURTHER AMENDED APRIL 10, 2025, AUTHORIZING THE ISSUANCE OF BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $8,000,000 TO FINANCE THE CONSTRUCTION OF IMPROVEMENTS TO THE VILLAGE WATER SYSTEM, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $8,000,000 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 $8,000,000 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 PFAS/PFOA Treatment at the Nyack Water Plant as described in the report prepared for the Village by 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 $8,000,000 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 $8,000,000 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: (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 Page 3 of 8 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 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, as amended on May 9, 2024, shall not be in any way affected and shall remain in full force and effect. 7.3 Resolution No. 2025-44 Resolution, of the Board of Trustees of the Village of Nyack, Approving a Home Rule Request for Senate Bill S.6859 and Assembly Bill A.7323 Regarding a Page 4 of 8 Village of Nyack Hotel Occupancy Tax RESOLVED, the Board of Trustees of the Village of Nyack approves a home rule request for New York State Senate Bill S6859 and New York State Assembly Bill A7323, to extend the hotel occupancy tax that will otherwise expire at the end of 2025. 7.4 Resolution No. 2025-45 Resolution of the Board of Trustees of the Village of Nyack to Approve an Application for CDBG Grant for Sidewalk on Kilby Street RESOLVED, the Board of Trustees of the Village of Nyack approves an application to CDBG for funding for a sidewalk on Kilby St to connect Upper Depew to Rte 59, and thanks the members of the CDBG committee for their advice. 7.5 Resolution No. 2025-46 Resolution of the Board of Trustees of the Village of Nyack to Set a Public Hearing to Amend Chapter 360 (Zoning), and §299-2 (Banners), of the Code of the Village of Nyack, to Modify the Definition of Sign, to Add a Definition of Mural, and to Prescribe Review and Approval/Denial of Murals by the Village Board of Trustees RESOLVED, the Board of Trustees of the Village of Nyack schedules a public hearing to to amend Chapter 360 (Zoning), and §299-2 (Banners), of the code of the Village of Nyack, to modify the definition of sign, to add a definition of mural, and to prescribe review and approval/denial of murals by the village board of trustees for 8:00 pm, Thursday, May 22, 2025. 7.6 Resolution No. 2025-47 Resolution of the Board of Trustees of the Village of Nyack to Approve an Application for a Flower Market Vendor Event Series in Hezekiah Easter Veterans Square RESOLVED, the Board of Trustees of the Village of Nyack approves an application by Michael DeRobertis, to run a vendor market focused on flowers and gardening, in Hezekiah Square, on the following dates: April 12th, April 26th, May 10th, May 24th, June 7th, June 26th, July 5th, July 19th, August 2nd, August 16th, August 30th, September 13th, September 27th, October 11th, between the hours of 10 AM and 2 PM. 7.7 Resolution No. 2025-48 Resolution of the Board of Trustees of the Village of Nyack to Approve an Application for a Block Party Street Closure on Summit St on Saturday, April 19, 2025 RESOLVED, the Board of Trustees of the Village of Nyack approves an application by Katy Erdman and neighbors on Summit Street for a street closure for a block party on April 19, 2025, from noon- 8:00 PM. 7.8 Resolution No. 2025-48 Resolution of the Board of Trustees of the Village of Nyack to Approve an Application for a Wedding Gathering in Memorial Park Gazebo on April 19, 2025, 6-7 PM Page 5 of 8 RESOLVED, the Board of Trustees of the Village of Nyack approves an application by Karen Matthews for a wedding gathering in Memorial Park gazebo, April 19, 2025, from 6:00 - 7:00 PM. 7.9 Resolution No. 2025-49 Resolution of the Nyack Village Board of Trustees to Approve a Street Closure for the Back to School BBQ, Saturday, August 16, 2025 RESOLVED, the Nyack Village Board of Trustees approves a street closure for a special event on Depew Ave, between S. Franklin St and Liberty St, on Saturday, August 16, 2025, for the Back to School BBQ event. 7.10 Resolution No. 2025-50 Resolution of the Nyack Village Board of Trustees to Approve a the 2025 Stormwater II Education Program Agreement with Cornell Cooperative Extension RESOLVED, the Nyack Village Board of Trustees approves a contract with Cornell Cooperative Extension for Stormwater Regulation compliance services, at a cost of $2,579.80. 7.11 Resolution No. 2025-51: Resolution of the Nyack Village Board 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 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. 7.12 Resolution No. 2025-52: Resolution of the Nyack Village Board to Issue an RFP for the Camp Nyack Summer Camp Program WHEREAS, the Village of Nyack has annually solicited proposals for the professional services associated with running the children’s summer camp program (“Camp Nyack”) offered to Village residents, and WHEREAS, the Village intends to allocate funds in its FY 2025-2026 budget to run the Camp Nyack, and WHEREAS, the Village Board reviewed the scope of the RFP at its last regularly scheduled Village Board meeting and instructed the Village Administrator to issue the RFP. NOW, THEREFORE, BE IT RESOLVED AND RATIFIED BY THE MEMBERS OF THE NYACK VILLAGE BOARD AS FOLLOWS: That the Village Administrator is authorized to issue an RFP for the Camp Nyack Summer Camp Programs on specifications previously utilized for the program, to be due on May 1, 2025. 7.13 Resolution No. 2024-53: Resolution of the Nyack Village Board Approving Publication of a Competitive Bid for Replacement of the Nyack DPW Roof at 63 Catherine St Page 6 of 8 RESOLVED, in consideration of the fact that the roof is in poor repair, and roof replacement will enable installation of a solar array that will be 100% grant funded and, over 7-10 years, avoided electricity cost will exceed the expected cost of the new roof, $123,250, 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, on Thursday, May 1, 2025, at 2:00 PM. 7.14 Resolution No. 2024-54: Resolution of the Nyack Village Board Approving Publication of a Competitive Bid for Replacement of the Nyack DPW Salt Shed at 63 Catherine St RESOLVED, in consideration of the fact that the salt shed in poor repair, and replacement will enable more efficient operation in better compliance with stormwater regulations, and the Village has a NYS SAM funding contract to pay for the new salt shed’s estimated cost of $350,000, 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, on Thursday, May 1, 2025, at 2:15 PM. 7.13 Resolution No. 2025-53 Resolution of the Nyack Village Board of Trustees to Appoint Keith Shearn to Code Enforcement/Safety Patrol RESOLVED, the Nyack Village Board of Trustees approves the Mayor’s appointment of Keith Shearn to the position of Part Time Code Enforcement/Safety Patrol. 8. Department Reports to the Village Board of Trustees (based on availability). 9.1 – Orangetown Police Department 9.2 - Village Attorney 9.3 – Village Administrator 9.4 - Village Clerk 9. Old Business 10. New Business 10.1. Restaurant bump out policy 10.2. Main Street Promenade 10.3. Weekend overnight parking in village lots 10.4. Coheed and Cambria 11. Communications 11.1 Kate Saltzberg, birthday party for 3 yr old, Memorial Park playground, Saturday, April 19, 11:00 AM – 1:00 PM, 20 guests. Page 7 of 8 11.2 Rev. Jiji Varghese, Ignite Church, church anniversary, community event, gospel concert, Memorial Park gazebo, Sunday, August 17, 2025, 4-7 PM. 12. Public Comment 13. Executive Session 14. Adjournment Page 8 of 8

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