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Village Board of Trustees Meeting

Regular Meeting

Nyack, NY · May 22, 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, May 22, 2025 Present: Joseph Rand, Mayor Pascale Jean-Gilles, Trustee Donna Lightfoot-Cooper, Trustee Also Present: Andrew Stewart, Village Administrator Dennis Michaels, Village Attorney Linda Donnelly, Village Clerk Absent: Joseph Carlin, Trustee Nathalie Riobe-Taylor, Trustee Meeting called to order at 7:30 pm Pledge of Allegiance Mayor’s Introduction • The Mayor wished everyone a meaningful Memorial Day weekend and safe travels to those vacationing. • Memorial Day Parade on Monday morning in downtown Nyack; details are posted on the Village website and social media. • Pride Sunday Parade & Street Fair (June 8) • Summer Events Guide will be coming out featuring over 50 scheduled events for the community. COMMENTS FROM THE VILLAGE BOARD Trustee Jean-Gilles – Saturday, June 7, 2025, the Annual African-American Day Parade and Festival will begin at 12:00 PM, with the festival to follow at the lower lawn in Memorial Park. PUBLIC COMMENT Don Hammond – Gave brief update on the Nyack Housing Authority; announced that a search for a permanent Executive Director is underway, thanked the interim director for his service, and requested help posting the job publicly; reported the Authority is working to catch up on overdue audits and budgets, with an auditor starting soon and completion expected this summer. The Board is now fully staffed and focused on restoring compliance with state and federal requirements. Page 1 of 13 Judith Pine – Ongoing late-night disturbances in Memorial Park, including loud vehicles, music, and parties. Noted issues began after the former restaurant closed and urged the Board to take action. David Sutterland – Frustration over ongoing safety issues at the marina, particularly with speeding cars, drug activity, and prostitution near the skate park and basketball courts, which are heavily used by local youth. Expressed disappointment over the Board’s stance on banning a cannabis dispensary. Lisa Buckley – Ongoing noise and illicit activity in Memorial Park during late-night hours, despite posted closing times. Urged the Village to take responsibility for enforcement on its property, suggesting increased police presence or physical barriers, and expressed disappointment over the Board’s decision to ban a cannabis dispensary. Barry Crumper – Addressed ongoing issues with unsafe behavior at the waterfront, questioning the mayor about police presence; criticized the police for being reactive rather than proactive, emphasizing that simply responding to calls isn’t enough to deter dangerous actions like car stunts. Robert Lord – Ongoing loud noise, large late-night crowds, and safety hazards like speeding motorized bikes at Memorial Park. Enforcement challenges due to lack of certified noise- measuring equipment and suggested involving state police. Andrea DeVito – Urged consistent monitoring of security cameras and suggested private overnight security, stressing that steady enforcement is needed to stop ongoing nighttime disturbances in Memorial Park. Kim Rosner – Highlighted that noise issues at marina have escalated into dangerous, aggressive behavior, citing a recent assault over a driving complaint and frequent speeding through village streets at night. Emphasized the problem is more than just noise—it's a serious safety risk needing stronger action beyond current measures. Latoya Lair – Expressed serious concerns about ongoing noise disturbances, safety issues, and lack of effective building management at Tallman Towers. Residents feel unsafe and unsupported despite frequent police presence. PUBLIC HEARINGS Amend Village Zoning Code, so as to Modify the Definition of Sign, and to Add a Definition of Mural Motion by Trustee Jean-Gilles, seconded by Trustee Lightfoot-Cooper at 8:20 pm to open public hearing to Modify the Definition of Sign, and to Add a Definition of Mural Mayor Rand invited public and Board comment. Page 2 of 13 Motion by Trustee Jean-Gilles, seconded by Trustee Lightfoot-Cooper to keep open and continue the public hearing on 06/05/2025 at 8:00 pm, Village Hall, 9 N. Broadway, Nyack. Motion carried. Amend Village Zoning Code, so as to Exempt the Artopee Way, and Electric Vehicles (EV) Charging at Designated EV Spaces, from the All-Night Parking Prohibition Motion by Trustee Jean-Gilles, seconded by Trustee Lightfoot-Cooper at 8:25 pm to open public hearing to Amend Village Zoning Code so as to Exempt the Artopee Way, and EV Charging at Designated EV Spaces, from the All-Night Parking Prohibition Mayor Rand invited public and Board comment. Motion by Trustee Jean-Gilles, seconded by Trustee Lightfoot-Cooper to close the public on 05/22/2025. Motion carried. ADOPTION OF MINUTES – 05/08/25 On motion of Trustee Jean-Gilles, seconded by Trustee Lightfoot-Cooper. The minutes of the meeting held on 05/08/2025 were accepted as presented. ACTION ITEMS RESOLUTION NO. 2025-83 – ACCEPTING AUDITED VOUCHER SUMMARY The following resolution was offered by Trustee Jean-Gilles, seconded by Trustee Lightfoot- Cooper. WHEREAS, the Audited Voucher Summary was presented to the Nyack Village Board of Trustees at its regularly scheduled meeting of May 22, 2025. RESOLVED, the General Fund Claims set forth on Pages 1 through 8 in the below listed amounts are approved for payment: GENERAL FUND $ 48,947.65 NYACK PARKING AUTHORITY $ 29,241.03 WATER FUND $ 36,202.49 CAPITAL PROJECTS – Water Improvements $539,216.77 On roll call the vote was as follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . . Absent Trustee Lightfoot-Cooper . . Yes Mayor Rand . . . . . . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Absent Page 3 of 13 RESOLUTION NO. 2025-84 – APPROVE CONTRACT WITH THE NYACK CENTER TO PROVIDE CAMP NYACK The following resolution was offered by Trustee Jean-Gilles, seconded by Trustee Lightfoot- Cooper. WHEREAS, the Village of Nyack solicited proposals for professional services associated with running the children’s summer camp (“Camp Nyack”), and proposals were opened and the sole bidder on Camp Nyack program was Nyack Center, 58 Depew Ave., Nyack, NY 10960, with a total bid of $153,500 and the Village Board finds the Vendor responsive to the specifications of the RFP and the lowest responsible bidder; and RESOLVED, the Board of Trustees of the Village of Nyack hereby awards the contract for Camp Nyack to the sole bidder, Nyack Center, Inc., in the amount of $153,500.00, and authorizes the Village Administrator to execute the contract for the program. Contract adjusted to $153,500 due to state-mandated minimum wage increases. Kim Cross – Acknowledged Village’s commitment to Nyack Center and reminder that June 1st will be Community Cooking Fundraiser, 5:00 pm – 7:00 pm at Nyack Center; June 8th Creative Arts Workshop for kids, 1:30 pm – 4:30 pm Motion by Trustee Jean-Gilles, seconded by Trustee Lightfoot-Cooper to amend changing $150,000 in “Resolved” to $153,500. Motion carries. On roll call the vote was as follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . . Absent Trustee Lightfoot-Cooper . . Yes Mayor Rand . . . . . . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Absent RESOLUTION NO. 2025-85 – AUTHORIZE THE MAYOR TO EXECUTE A PEDESTRIAN EASEMENT AGREEMENT, WITH 32 FRANKLIN LLC (WILSON BERMEO), FOR USE BY 32 S. FRANKLIN ST., ON VILLAGE PROPERTY AT THE POLICE SUBSTATION (30 S. FRANKLIN ST.) The following resolution was offered by Trustee Jean-Gilles, seconded by Trustee Lightfoot- Cooper. Page 4 of 13 WHEREAS, the Village of Nyack (“Village”) is the owner of certain real property commonly known as 30 South Franklin Street, with Tax Map Designation 66.37-2-46 (“Police Sub-Station”). WHEREAS, the real property abutting the Police Sub-Station to the south, commonly known as 32 South Franklin Street with Tax Map Designation 66.37-2-47, is currently owned by 32 Franklin LLC (“32 South Franklin”). WHEREAS, the Village Board of Trustees (“Village Board”) has determined that it is beneficial to the Village, and its residents, to grant an Access, Ingress and Egress Pedestrian Easement (“Pedestrian Easement”), over a portion of the Police Sub-Station, to the owner of 32 South Franklin and its successors in title. WHEREAS, the Village Board’s legislative intent, and its governmental purposes, for granting the Pedestrian Easement is as follows: (a) Increasing the residential rental housing stock in the Village, with the construction or renovation of eight residential units, five of which are only possible with the easement described here, which will contribute toward the amelioration of the housing shortage in the Village, which housing shortage is endemic throughout Rockland County and New York State. (b) Providing a minimum of two affordable and workforce housing rental units. (c) Adding to the Village’s property tax base. (d) Providing egress/ingress to first responders and emergency services for public safety and firefighter safety. (e) The elimination of the current state of disrepair and obsolescence, non-ADA compliant, non-energy efficient 32 South Franklin property, all of which detrimentally impact the aesthetic appeal, property values, and overall quality of life, in the surrounding neighborhood. WHEREAS, the Village Board has the authority to grant easements over Village-owned property pursuant to NYS Village Law §1-102(1), and the general powers vested in the Village Board under NYS Village Law §4-412. WHEREAS, the Village Board has determined that granting the Pedestrian Easement to 32 South Franklin will achieve the aforementioned legislative intent and governmental purposes. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD AS FOLLOWS: The Village Board hereby authorizes the Mayor to execute an Access, Ingress and Egress Pedestrian Easement, which shall encumber the Police Sub-Station and be granted to the owner of 32 South Franklin and its successors in title, which Pedestrian Easement shall include the following terms and provisions: 1) 32 South Franklin shall provide a minimum of two affordable and workforce housing rental units, as defined in Chapter 120 (Affordable Housing) of the Village Code. Page 5 of 13 2) The owner of 32 South Franklin shall pay the sum of $17,000 to the Village as additional consideration for the Village’s granting of the Pedestrian Easement to 32 South Franklin; which amount has been determined based on the appraisal report conducted by Coyle and Coyle Real Estate Appraisers, New City, NY, dated March 12, 2025, which assessed the fair market value of the easement rights being granted, and considered comparable easement transactions in the surrounding area. 3) The dimensions of the Pedestrian Easement shall be approximately six feet wide and approximately twenty-five feet in length and shall be located in the parking lot of the Police Sub-Station and run lengthwise in a north/south direction with its terminus at Jackson Avenue. 4) The Village’s Department of Public Works shall demarcate the easement as appropriate. 5) The Pedestrian Easement shall be used by 32 South Franklin for pedestrians only. 6) The Pedestrian Easement shall be documented in a Land Survey, which shall be prepared, signed and sealed by a NYS licensed Land Surveyor at the sole cost and expense of the owner of 32 South Franklin, and which Land Survey shall be satisfactory to the Village Engineer or her/his designee. 7) The Pedestrian Easement shall also be documented in a separate legal instrument, to be entitled “Access, Ingress and Egress Pedestrian Easement,” which shall be satisfactory to the Village Attorney in form and substance, and shall be executed by the owner of 32 South Franklin and recorded/filed in the Office of the Rockland County Clerk; and the owner of 32 South Franklin shall also execute all other necessary forms required to effectuate said filing/recording, which County Clerk fees shall be paid by the owner of 32 South Franklin. 8) The Village shall be permitted and allowed to enter onto, access and use the Pedestrian Easement for its governmental purposes, including, but not limited to, law enforcement uses by the Police, so long as such governmental uses do not unreasonably obstruct, impede or hinder 32 South Franklin’s use and enjoyment of the Pedestrian Easement. On roll call the vote was as follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . . Absent Trustee Lightfoot-Cooper . . Yes Mayor Rand . . . . . . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Absent RESOLUTION NO. 2025-86 – AMEND §330-50(B) OF ARTICLE VII (PARKING, STANDING AND STOPPING), OF THE CODE OF THE VILLAGE OF NYACK, SO AS TO EXEMPT THE ARTOPEE WAY LOT, AND ELECTRIC VEHICLES (EV) CHARGING AT DESIGNATED EV SPACES, FROM THE ALL-NIGHT PARKING PROHIBITION Page 6 of 13 The following resolution was offered by Trustee Jean-Gilles, seconded by Trustee Lightfoot- Cooper At 8:05 PM, during a regular meeting of the Board of Trustees of the Village of Nyack (“Village”), convened on May 22, 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 regard to proposed text amendments to the Village Code, which amendments are summarized as follows: the proposed Local Law, which Local Law is appended hereto, made a part hereof and marked as “ATTACHMENT A,” if adopted by the Village Board, will amend §330-50B of Article VII (Parking, Standing and Stopping), of the Code of the Village of Nyack, so as to exempt the Artopee Way lot from the all-night parking prohibition on Friday and Saturday nights, and exempt electric vehicles (EV) charging at designated EV spaces from the all-night parking prohibition on all nights of the week wherever public EV charging stations may exist on Village property, 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 May 22, 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, (ii) the Village’s residents, business proprietors and property owners, and (iii) Village sustainability committee, that this Local Law is in the public interest, NOW, THEREFORE, based on all the documentation and information before the Village Board, and the findings and determinations made herein; 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. Page 7 of 13 On roll call the vote was as follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . . Absent Trustee Lightfoot-Cooper . . Yes Mayor Rand . . . . . . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Absent RESOLUTION NO. 2025-87 – AMEND CHAPTER 360 (ZONING), AND §299-2 (BANNERS), OF THE CODE OF THE VILLAGE OF NYACK, TO MODIFY THE DEFINITION OF SIGN, AND TO ADD A DEFINITION OF MURAL, AND TO PRESCRIBE REVIEW AND APPROVAL/DENIAL OF MURALS BY THE VILLAGE BOARD OF TRUSTEES Motion by Trustee Jean-Gilles, seconded by Trustee Lightfoot-Cooper to keep open and continue the public hearing on 06/05/2025 at 8:00 pm, Village Hall, 9 N. Broadway, Nyack. Motion carried. RESOLUTION NO. 2025-88 – APPROVE INSTALLATION OF A SIGN BY THE TONI MORRISON “BENCH BY THE ROAD” IN MEMORIAL PARK The following resolution was offered by Trustee Jean-Gilles, seconded by Trustee Lightfoot- Cooper WHEREAS, the Historical Society of Nyack and the Friends of Mount Moor Cemetery have proposed the addition of an interpretative historic information sign next to the Toni Morrison “Bench by the Road,” and the Board of Trustees has reviewed proposed sign design and dimensions and desires to support this educational and park improvement project, and received supportive feedback from the Nyack Parks Commission, RESOLVED, Nyack Village Board of Trustees approves the installation of the new sign. Bill Batson provided sign mock-up as requested. A Juneteenth-themed celebration hosted by the NAACP and local groups will precede the dedication. On roll call the vote was as follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . . Absent Trustee Lightfoot-Cooper . . Yes Mayor Rand . . . . . . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Absent Page 8 of 13 RESOLUTION NO. 2025-89 – APPROVE A PERMIT APPLICATION FOR A WEEKLY VOLLEYBALL GAME IN MEMORIAL PARK BY VICTOR GAGLIARDI The following resolution was offered by Trustee Jean-Gilles, seconded by Trustee Jean-Gilles RESOLVED, the Board of Trustees of the Village of Nyack approves an application for the use of the of Memorial Park by Victor Gagliardi for the purpose of a weekly volleyball game, on Tuesdays at 5:30 PM – 7:30 PM, through November 7, 2025, with the understanding the applicant will set his net in a different location every Tuesday to avoid excessive wear and tear on the grass. On roll call the vote was as follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . . Absent Trustee Lightfoot-Cooper . . Yes Mayor Rand . . . . . . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Absent RESOLUTION NO. 2025-90 – APPROVE A GRANT APPLICATION TO NYS DEPARTMENT OF STATE FOR FUNDING FROM THE COASTAL REHABILITATION AND RESILIENCE PROJECTS PROGRAM FOR THE PROJECT ENTITLED “RESTORING AND ENHANCING RESILIENCY OF NYACK’S WATERFRONT PARK” The following resolution was offered by Trustee Lightfoot-Cooper, seconded by Trustee Jean- Gilles WHEREAS, with funding from the New York State Department of State, the Village of Nyack updated its Local Waterfront Revitalization Program with a focus on: Conducting a reassessment of assets and resources and developing recommendations for resiliency strategies that reduce risks to infrastructure and property from sea level rise and climate change, that enable economic revitalization and that preserve and enhance coastal natural resources; and insuring that the planning and design work currently underway is consistent with the policies and programs for waterfront revitalization in the 21st Century: WHEREAS, the creation of waterfront walkway on Village land and development of waterfront amenities to increase access to the Hudson River was designated a priority project in the Updated LWRP (approved 2021); WHEREAS, with funding from NYS DOS, the Village of Nyack has completed the Village Marina section of the waterfront walkway, and is in the process of completing planning for the construction of the Memorial Park section; Page 9 of 13 WHEREAS, the deteriorating condition of the Inlet Banks threaten the Marina section of the Walkway undermining the Walkway and several pieces of furniture, and inhibit the Village from installing the Memorial Park section of the Walkway, as the eroding banks, the jumble of fallen riprap and deteriorated outfalls on the south side of the Inlet will undermine the soon to be constructed Memorial Park section of the Walkway; WHEREAS, the deteriorating condition of the Inlet Banks must be addressed given the increasing number of heavy weather events the Village is experiencing; WHEREAS, the public has provided input in workshops and public hearings held throughout the process to update the LWRP and is similarly involved currently in the planning and implementation of projects to restore and enhance Memorial Park and Marina with a focus on resiliency, and has made its support known for restoring the Inlet Banks and enhancing resiliency of the park through the installation of riparian habitat and green infrastructure where feasible WHEREAS, the Village is committed to enhancing the resiliency of its incomparable waterfront park utilizing green infrastructure and natural elements wherever feasible; WHEREAS, the Village is in need of financial assistance to repair and restore the Inlet Banks essential for protecting the Marina Walkway, for enhancing access to the Hudson and for ensuring the soon to be constructed Memorial Park Walkway will be protected from the impacts of climate change, and the Clean Water, Clean Air and Green Jobs Environmental Bond Act of 2022 provides such financial assistance; WHEREAS, the Village of Nyack deems it to be in the public interest and benefit to authorize and direct Joe Rand, as Mayor of the Village of Nyack, New York, to file an application for funds to New York State Department of State for Bond Act funding for implementing the project entitled “Restoring and Enhancing Resiliency of Nyack’s Waterfront Park” NOW, THEREFORE, BE IT RESOLVED BY MEMBERS OF THE NYACK VILLAGE BOARD AS FOLLOWS: 1. That Joe Rand, as Mayor, is hereby authorized to file an application for funding through the Consolidated Funding Application process to the Department of State, Office of Planning, Development and Community Infrastructure; 2. That the Village of Nyack agrees that it will fund its portion of the cost of the Project and that these funds will be available to initiate the Project's work upon execution of a contract with the Department of State. On roll call the vote was as follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . . Absent Trustee Lightfoot-Cooper . . Yes Mayor Rand . . . . . . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Absent Page 10 of 13 RESOLUTION NO. 2025-91 – AWARD A CONTRACT FOR THE CONSTRUCTION OF A SALT SHED AT THE DPW TO MFD QUALITY CONSTRUCTION The following resolution was offered by Trustee Lightfoot-Cooper, seconded by Trustee Jean- Gilles WHEREAS, the Nyack Village Board previously approved a grant application to NYS for DPW improvements, including a salt shed, and was awarded a contract for $350,000, WHEREAS the Nyack Village Board previously authorized the bidding of a public works project for the DPW salt shed; and WHEREAS, bids were opened on May 15, 2025, (a total of 8 bids were received), and the lowest responsible bid for the project was received from MFD Quality Construction for $344,500, WHEREAS, the Village Engineer has reviewed the bids, and recommended the award of the project to MFD Quality Construction, NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE NYACK VILLAGE BOARD AS FOLLOWS: That the Village Administrator is authorized to contract with MFD Quality Construction for DPW salt shed construction in the amount of $344,500, subject to the approval of the Village Attorney as to the form of the contract. On roll call the vote was as follows: Trustee Jean-Gilles . . . . . . . Yes Trustee Riobe-Taylor . . . . . Absent Trustee Lightfoot-Cooper . . Yes Mayor Rand . . . . . . . . . . . . Yes Trustee Carlin. . . . . . . . . . . Absent DEPARTMENT REPORTS (based on availability) Orangetown Police Department – Village Attorney – Village Administrator – Update on the NY Forward grant process - Dedicated webpage is live and linked from the Village of Nyack website; several upcoming public engagement opportunities: public workshop on June 2 at the old Nyack High School gym, consultant outreach at the June 5 Page 11 of 13 farmers market, and a Planning Committee meeting on June 11. Administrator Stewart also raised the issue of public safety, recommending that the Village Board reconsider hiring a private security service to increase visibility and safety on Main Street and at the marina. Explained that efforts to hire a part-time security officer through the civil service process had failed and that a private firm may be the most viable current option. He emphasized that such a presence would help address community concerns and support downtown businesses by improving nighttime safety. The Board discussed that funding is available for private security from the current budget, and agreed to explore proposals, circulate contract details, and look into similar models used by other villages before the next meeting. Village Clerk – Tax prep well underway. Our tax bills will be going out next week. OLD BUSINESS NEW BUSINESS Public Arts Advisory Board Administrator Stewart recommended creating a Public Arts Advisory Board to review and advise on public mural proposals, ensuring thoughtful consideration of design, location, and coordination. This board would function like other advisory committees, helping manage the expected increase in mural applications. The Board agreed to revisit the idea at the next meeting. COMMUNICATIONS Michelle Goodwin and Christopher Barone, application for use of Memorial Park gazebo for a wedding on Saturday, August 23, 2025, 4:30 PM – 6:30 PM. Draft resolution for next meeting Tara Scheller, Rivertown’s SUP and Yoga, LLC, RE: License to Operate in Marina Paddleboard and paddleboard yoga instructor requesting a license to operate from the Nyack Marina, bringing her own trailer and equipment. She has extensive experience on the Hudson and emphasized safety, flexibility, and her desire to expand after successful seasons in Sleepy Hollow. The Board responded positively, appreciating the added waterfront activity and public amenity. Administrator will draft a contract. Craig Smith, Phoenix Festival, Memorial Park, upper lawn, October 13, 2025 Draft resolution for next meeting EXECUTIVE SESSION Motion by Trustee Jean-Gilles, seconded by Trustee Lightfoot-Cooper to enter into executive session at 8:45 p.m. Motion by Mayor Rand, seconded by Trustee Lightfoot-Cooper to end executive session at 9:12 p.m. Motion carried. Page 12 of 13 ADJOURNMENT Motion offered by Trustee Jean-Gilles, seconded by Trustee Lightfoot-Cooper to adjourn meeting at 9:13 p.m. Motion carried. VILLAGE CLERK Page 13 of 13

Agenda

Village of Nyack 9 North Broadway, Nyack, NY 10960 Meeting of the Village Board of Trustees May 22, 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. Public Hearings – • 8:00 PM – Concerning a proposed Local Law, which, if adopted by the Village Board, will amend the Village’s Zoning Code, so as to modify the definition of sign, and to add a definition of mural. • 8:05 PM - Consider Amending Village Code 330-50(B) to Exempt the Artopee Way Municipal Parking Lot and Electric Vehicle Charging Spaces from the Prohibition on All-Night Parking prohibition on parking to allow parking on Saturday and Sunday mornings, and to consider amending the code to exempt vehicles using the electric vehicle charging spaces from the prohibition on all-night parking. 5. Adoption of Minutes – Minutes for 5-8-25 6. 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. 6.1 Resolution No. 2025-83 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 May 22, 2025. Page 1 of 10 RESOLVED, that General Fund Claims set forth on pages 1 through 9 in the below-listed amounts are approved for payment: General Fund– $ 48,947.65 Parking Fund – $ 29,241.03 Water Fund – $ 36,202.49 Capital Projects Fund – Water Improvements $539,216.77 6.2 Resolution No. 2025-84 Resolution of the Nyack Village Board Approving Contract with the Nyack Center to Provide Camp Nyack WHEREAS, the Village of Nyack solicited proposals for professional services associated with running the children’s summer camp (“Camp Nyack”), and proposals were opened and the sole bidder on Camp Nyack program was Nyack Center, 58 Depew Ave, Nyack, NY 10960, with a total bid of $153,500 and the Village Board finds the Vendor responsive to the specifications of the RFP and the lowest responsible bidder; and RESOLVED, the Nyack Village Board of Trustees hereby awards the contract for Camp Nyack to the sole bidder, Nyack Center, Inc., in the amount of $150,000.00, and authorizes the Village Administrator to execute the contract for the program. 6.3 Resolution No. 2025-85: Resolution of the Village Board of Trustees to authorize the Mayor to execute a pedestrian easement agreement, w/ 32 Franklin LLC (Wilson Bermeo), for use by 32 S. Franklin St., on Village property at the Police Sub-Station (30 S. Franklin St.). WHEREAS, the Village of Nyack (“Village”) is the owner of certain real property commonly known as 30 South Franklin Street, with Tax Map Designation 66.37-2-46 (“Police Sub-Station”). WHEREAS, the real property abutting the Police Sub-Station to the south, commonly known as 32 South Franklin Street with Tax Map Designation 66.37-2-47, is currently owned by 32 Franklin LLC (“32 South Franklin”). WHEREAS, the Village Board of Trustees (“Village Board”) has determined that it is beneficial to the Village, and its residents, to grant an Access, Ingress and Egress Pedestrian Easement (“Pedestrian Easement”), over a portion of the Police Sub-Station, to the owner of 32 South Franklin and its successors in title. WHEREAS, the Village Board’s legislative intent, and its governmental purposes, for granting the Pedestrian Easement is as follows: (a). Increasing the residential rental housing stock in the Village, with the construction or renovation of eight residential units, five of which are only possible with the easement described here, Page 2 of 10 which will contribute toward the amelioration of the housing shortage in the Village, which housing shortage is endemic throughout Rockland County and New York State. (b). Providing a minimum of two affordable and workforce housing rental units. (c). Adding to the Village’s property tax base. (d). Providing egress/ingress to first responders and emergency services for public safety and firefighter safety. (e). The elimination of the current state of disrepair and obsolescence, non- ADA compliant, non- energy efficient 32 South Franklin property, all of which detrimentally impact the aesthetic appeal, property values, and overall quality of life, in the surrounding neighborhood. WHEREAS, the Village Board has the authority to grant easements over Village-owned property pursuant to NYS Village Law §1-102(1), and the general powers vested in the Village Board under NYS Village Law §4-412. WHEREAS, the Village Board has determined that granting the Pedestrian Easement to 32 South Franklin will achieve the aforementioned legislative intent and governmental purposes. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD AS FOLLOWS: The Village Board hereby authorizes the Mayor to execute an Access, Ingress and Egress Pedestrian Easement, which shall encumber the Police Sub-Station and be granted to the owner of 32 South Franklin and its successors in title; which Pedestrian Easement shall include the following terms and provisions: (1). 32 South Franklin shall provide a minimum of two affordable and workforce housing rental units, as defined in Chapter 120 (Affordable Housing) of the Village Code. (2). The owner of 32 South Franklin shall pay the sum of $15,000 to the Village as additional consideration for the Village’s granting of the Pedestrian Easement to 32 South Franklin; which amount has been determined based on the appraisal report conducted by Coyle and Coyle Real Estate Appraisers, New City, NY, dated March 12, 2025, which assessed the fair market value of the easement rights being granted, and considered comparable easement transactions in the surrounding area. (3). The dimensions of the Pedestrian Easement shall be approximately six feet wide and approximately twenty five feet in length, and shall be located in the parking lot of the Police Sub-Station, and run lengthwise in a north/south direction with its terminus at Jackson Avenue. (4). The Village’s Department of Public Works shall construct and install a cement sidewalk within the entirety of the Pedestrian Easement, cost of which shall be added to the sale price of easement. (5). The Pedestrian Easement shall be used by 32 South Franklin for pedestrians only. (6). The Pedestrian Easement shall be documented in a Land Survey, which shall be prepared, signed and sealed by a NYS licensed Land Surveyor at the sole cost and expense of the owner of 32 South Franklin, and which Land Survey shall be satisfactory to the Village Engineer or her/his designee. Page 3 of 10 (7). The Pedestrian Easement shall also be documented in a separate legal instrument, to be entitled “Access, Ingress and Egress Pedestrian Easement,” which shall be satisfactory to the Village Attorney in form and substance, and shall be executed by the owner of 32 South Franklin and recorded/filed in the Office of the Rockland County Clerk; and the owner of 32 South Franklin shall also execute all other necessary forms required to effectuate said filing/recording, which County Clerk fees shall be paid by the owner of 32 South Franklin. (8). The Village shall be permitted and allowed to enter onto, access and use the Pedestrian Easement for its governmental purposes, including, but not limited to, law enforcement uses by the Police, so long as such governmental uses do not unreasonably obstruct, impede or hinder 32 South Franklin’s use and enjoyment of the Pedestrian Easement. 6.4 Resolution No. 2025-86: Resolution, of the Board of Trustees of the Village of Nyack, so as to amend §330-50B of Article VII (Parking, Standing and Stopping), of the Code of the Village of Nyack, so as to exempt the Artopee Way lot, and electric vehicles (EV) charging at designated EV spaces, from the all-night parking prohibition At 8:05 PM, during a regular meeting of the Board of Trustees of the Village of Nyack (“Village”), convened on May 22, 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 regard to proposed text amendments to the Village Code, which amendments are summarized as follows: the proposed Local Law, which Local Law is appended hereto, made a part hereof and marked as “ATTACHMENT A,” if adopted by the Village Board, will amend §330-50B of Article VII (Parking, Standing and Stopping), of the Code of the Village of Nyack, so as to exempt the Artopee Way lot from the all-night parking prohibition on Friday and Saturday nights, and exempt electric vehicles (EV) charging at designated EV spaces from the all-night parking prohibition on all nights of the week wherever public EV charging stations may exist on Village property, 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 May 22, 2025, the Village Board (i) opened, or (ii) Page 4 of 10 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, (ii) the Village’s residents, business proprietors and property owners, and (iii) Village sustainability committee, that this Local Law is in the public interest, NOW, THEREFORE, based on all of the documentation and information before the Village Board, and the findings and determinations made herein; 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. 6.5 Resolution No. 2025-87: Resolution, of the Board of Trustees of the Village of Nyack, so as to amend Chapter 360 (Zoning), and §299-2 (Banners), of the Code of the Village of Nyack, so as to 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 At 8:00 PM, during a regular meeting of the Board of Trustees of the Village of Nyack (“Village”), convened on May 22, 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 zoning regulations embodied in Chapter 360 (Zoning) of the Village Code (“Zoning Code”). 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 regard to proposed text amendments to the Zoning Code, which amendments are summarized as follows: the proposed Local Law, if adopted by the Village Board, will enhance the economic and commercial viability, and preserve the livability, quality of life and aesthetic character, of the Village’s businesses, commercial uses and residences in the Downtown Mixed Use-1 (DMU-1), Downtown Mixed Use-2 (DMU-2) and Corridor Commercial (CC) Zoning Districts, and their surrounding neighborhoods, by establishing a process by which public murals may be reviewed and approved by the Village Board of Trustees, including modifying the definition of sign to add a definition of mural, which Local Law is appended hereto, made a part hereof and marked as “ATTACHMENT B.” WHEREAS, copies of: Page 5 of 10 (i). the proposed Local Law, (ii). the narrative Memo of Robert (“Bob”) Galvin, AICP, Village Planner (“Village Planner”), dated 5-9-25 (“narrative Memo”), (v). the State Environmental Quality Review Act (“SEQRA”) Part 1 (entitled Project Information) of the Short Environmental Assessment Form (“EAF”), prepared, and signed, by the Village Planner, dated 5-1-25, (vi). Part 2 of the SEQRA EAF (entitled Impact Assessment), prepared and recommended by the Village Planner, dated 5-1-25, (vii). Part 3 of the SEQRA EAF (entitled Determination of Significance), prepared and recommended by the Village Planner, dated 5-1-25; were all 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 the Public Hearing date 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 Rockland County Planning Department, pursuant to NYS General Municipal Law (“GML”) §239-l, et seq., reviewed the proposed Local Law and provided a GML review report to the Village Board, dated 5-12-25 (“GML report”), which GML report recommended the Village consider amending Section 4-11 to establish standards relevant to murals, WHEREAS, the Board of Trustees overrides the County recommendation in light of the fact that the proposed approval process already requires submission of information pertaining to standards for mural construction, design, ownership and durability. WHEREAS, prior to the Public Hearing, the Village Board sought comments on the proposed Local Law from the Village Planning Board, as per Village Code §360-5.6(B)(3)(a); and the Planning Board reviewed the Local Law at its meeting held on 5-5-25, and provided a written advisory opinion/recommendation to the Village Board, stating it was in favor of the law as drafted. WHEREAS, there being no other SEQRA Involved Agency, as an additional part of this Resolution herein, if adopted on the Public Hearing date, the Village Board declares itself to be, and assumes the role of, SEQRA Lead Agency. WHEREAS, the Village Board, after reviewing the Waterfront Assessment Form for Local Waterfront Revitalization Plan (LWRP) Consistency Review, prepared and recommended by the Village Planner, dated 3-18-25, and after considering all of the discussion and analysis by the Village Board with respect to the documents referenced and considered by the Village Board at its Public Hearing held on the Public Hearing date, and at any prior Public Hearings that were held open, and continued, to the Public Page 6 of 10 Hearing date, the Village Board finds and determines that the proposed Local Law is consistent with the LWRP and the Village’s Comprehensive Master Plan. WHEREAS, the Village Board, acting in its capacity as the SEQRA Lead Agency, and after reviewing the aforementioned Part 1, Part 2 and Part 3 of the SEQRA EAF, which SEQRA EAF Parts 1 through 3 were all prepared and recommended, on behalf of the Village Board, by the Village Planner; the Village Board hereby adopts the said SEQRA EAF Parts 1 through 3, and incorporates them by reference as if fully set forth herein. THEREFORE, BE IT RESOLVED, that the Village Board, after conducting a “hard look” review of all environmental factors, including, but not limited to, all of the said SEQRA EAF Parts 1 through 3, and the Village Planner’s narrative Memo, hereby determines that there will be no potential significant adverse environmental impacts resulting from the Village Board’s adoption of the proposed Local Law, and makes a Determination of Non-Significance under SEQRA, thereby determining and issuing a SEQRA Negative Declaration. BE IT FURTHER RESOLVED that the Village Board finds, after reviewing the proposed Local Law and the Village Planner’s narrative Memo, that this Local Law, if adopted by the Village Board, will enhance the economic and commercial viability, and preserve the livability, quality of life and aesthetic character, of the Village’s businesses, commercial uses and residences in the DMU-1, DMU-2 and CC Zoning Districts, and their surrounding neighborhoods, by establishing a process for the review and approval of public murals and updating definitions of sign and mural accordingly. NOW, THEREFORE, based on all of the documentation and information before the Village Board, and the findings and determinations made herein; BE IT RESOLVED that the Village Board hereby adopts the Local Law in the form and substance as appended hereto as “ATTACHMENT B,” and as same may have been amended “by-hand” during the Public Hearing. 6.7 Resolution No. 2025-88: Resolution of the Nyack Village Board to Approve Installation of a Sign by the Toni Morrison “Bench by the Road” in Memorial Park WHEREAS, the Historical Society of Nyack and the Friends of Mount Moor Cemetery have proposed the addition of an interpretative historic information sign next to the Toni Morrison “Bench by the Road,” and the Board of Trustees has reviewed proposed sign design and dimensions and desires to support this educational and park improvement project, and received supportive feedback from the Nyack Parks Commission, RESOLVED, Nyack Village Board of Trustees approves the installation of the new sign. 6.8 Resolution No. 2025-89: Resolution of the Board of Trustees of the Village of Nyack, to Approve a Permit Application for a Weekly Volleyball Game in Memorial Park by Victor Page 7 of 10 Gagliardi RESOLVED, the Board of Trustees of the Village of Nyack approves an application for the use of the of Memorial Park by Victor Gagliardi for the purpose of a weekly volleyball game, on Tuesdays at 5:30 PM – 7:30 PM, through November 7, 2025, with the understanding the applicant will set his net in a different location every Tuesday to avoid excessive wear and tear on the grass. 6.9 Resolution No. 2025-90: Resolution of the Board of Trustees of the Village of Nyack, to Approve a Grant Application to NYS Department of State for Funding from the Coastal Rehabilitation and Resilience Projects Program for the Project Entitled “Restoring and Enhancing Resiliency of Nyack’s Waterfront Park” WHEREAS, With funding from the New York State Department of State, the Village of Nyack updated its Local Waterfront Revitalization Program with a focus on: Conducting a reassessment of assets and resources and developing recommendations for resiliency strategies that reduce risks to infrastructure and property from sea level rise and climate change, that enable economic revitalization and that preserve and enhance coastal natural resources; and insuring that the planning and design work currently underway is consistent with the policies and programs for waterfront revitalization in the 21st Century: WHEREAS, The creation of waterfront walkway on Village land and development of waterfront amenities to increase access to the Hudson River was designated a priority project in the Updated LWRP (approved 2021); WHEREAS, With funding from NYS DOS, the Village of Nyack has completed the Village Marina section of the waterfront walkway, and is in the process of completing planning for the construction of the Memorial Park section; WHEREAS, The deteriorating condition of the Inlet Banks threaten the Marina section of the Walkway undermining the Walkway and several pieces of furniture, and inhibit the Village from installing the Memorial Park section of the Walkway, as the eroding banks, the jumble of fallen riprap and deteriorated outfalls on the south side of the Inlet will undermine the soon to be constructed Memorial Park section of the Walkway; WHEREAS, The deteriorating condition of the Inlet Banks must be addressed given the increasing number of heavy weather events the Village is experiencing; WHEREAS, The public has provided input in workshops and public hearings held throughout the process to update the LWRP and is similarly involved currently in the planning and implementation of projects to restore and enhance Memorial Park and Marina with a focus on resiliency, and has made its support known for restoring the Inlet Banks and enhancing resiliency of the park through the installation of riparian habitat and green infrastructure where feasible WHEREAS, The Village is committed to enhancing the resiliency of its incomparable waterfront park utilizing green infrastructure and natural elements where ever feasible; Page 8 of 10 WHEREAS, The Village is in need of financial assistance to repair and restore the Inlet Banks essential for protecting the Marina Walkway, for enhancing access to the Hudson and for ensuring the soon to be constructed Memorial Park Walkway will be protected from the impacts of climate change, and the Clean Water, Clean Air and Green Jobs Environmental Bond Act of 2022 provides such financial assistance; WHEREAS, The Village of Nyack deems it to be in the public interest and benefit to authorize and direct Joe Rand, as Mayor of the Village of Nyack, New York, to file an application for funds to New York State Department of State for Bond Act funding for implementing the project entitled “Restoring and Enhancing Resiliency of Nyack’s Waterfront Park” NOW, THEREFORE, BE IT RESOLVED BY MEMBERS OF THE NYACK VILLAGE BOARD AS FOLLOWS: 1. That Joe Rand, as Mayor, is hereby authorized to file an application for funding through the Consolidated Funding Application process to the Department of State, Office of Planning, Development and Community Infrastructure; 2. That the Village of Nyack agrees that it will fund its portion of the cost of the Project and that these funds will be available to initiate the Project's work upon execution of a contract with the Department of State. 6.10 Resolution No. 2025-91 Resolution of the Nyack Village Board to Award a Contract for the Construction of a Salt Shed at the DPW to MFD Quality Construction WHEREAS, the Nyack Village Board previously approved a grant application to NYS for DPW improvements, including a salt shed, and was awarded a contract for $350,000, WHEREAS the Nyack Village Board previously authorized the bidding of a public works project for the DPW salt shed; and WHEREAS, bids were opened on May 15, 2025, (a total of 8 bids were received), and the lowest responsible bid for the project was received from MFD Quality Construction for $344,500, WHEREAS, the Village Engineer has reviewed the bids, and recommended the award of the project to MFD Quality Construction, NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE NYACK VILLAGE BOARD AS FOLLOWS: That the Village Administrator is authorized to contract with MFD Quality Construction for DPW salt shed construction in the amount of $344,500, subject to the approval of the Village Attorney as to the form of the contract. 7. Department Reports to the Village Board of Trustees (based on availability). Page 9 of 10 9.1 – Orangetown Police Department 9.2 - Village Attorney 9.3 – Village Administrator 9.4 - Village Clerk 8. Old Business 9. New Business 9.1 Public arts advisory board. 10. Communications 10.1 Michelle Goodwin and Christopher Barone, application for use of Memorial Park gazebo for a wedding on Saturday, August 23, 2025, 4:30 PM – 6:30 PM. 10.2 Tara Scheller, Rivertowns SUP and Yoga, LLC, re: license to operate in marina 10.3 Craig Smith, Phoenix Festival, Memorial Park, upper lawn, October 13, 2025 11. Public Comment 12. Executive Session 13. Adjournment Page 10 of 10

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