Village Board of Trustees Meeting

Village of Nyack 9 North Broadway, Nyack, NY 10960 Meeting of the Village Board of Trustees January 8, 2026 7:00 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: 7:30 PM Consider Amending Paragraph “G” of §238-5 (Exceptions), of Chapter 238 (Noise) of the Code of the Village of Nyack so as to Prescribe an Automatic Repeal, on 12/31/2028 by Means of a Sunset Provision, of the Exception (Exemption) from the Prohibition of Gasoline-Powered Leaf Blowers 5. Public Comment on Any Topic (1-3 minutes depending on the quantity of speakers) 6. Adoption of Minutes – Minutes 12/1/25 7. Presentation: 8. 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. 8.1 Resolution No. 2026-1 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 January 8, 2026. Page 1 of 11 RESOLVED, that General Fund Claims set forth on pages 1 through 8 in the below-listed amounts are approved for payment: General Fund– $205,372.11 Parking Fund – $41,653.53 Water Fund – $18,855.64 Capital Projects Fund – $73,533.01 Water Capital Projects Fund - $452,868.12 Trust and Agency Fund - $1,864.64 8.2 Resolution No. 2026-2 Resolution of the Nyack Village Board Authorizing Biweekly Payments to Safety Patrol Contractor WHEREAS, the Village of Nyack has entered into a duly authorized contract with Platinum Security Group (“Contractor”) to provide safety patrol services to the Village; and WHEREAS, the contract specifies compensation to be paid on a biweekly basis; and WHEREAS, requiring prior Board approval of each biweekly payment through the audited voucher process would be administratively inefficient and unnecessary for a recurring contractual obligation previously approved by the Board; and WHEREAS, the Board of Trustees retains oversight through approval of the underlying contract and through review of expenditures as part of the Village’s regular financial reporting and annual audit; NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Nyack hereby authorizes the Village Treasurer to make biweekly payments to Platinum Security Group in accordance with the terms of the approved contract, without prior approval of each individual payment through the audited voucher summary; and BE IT FURTHER RESOLVED that such payments shall be limited strictly to amounts due and payable under the contract as approved by the Board of Trustees; and BE IT FURTHER RESOLVED that all such payments shall be reflected in the Treasurer’s financial reports and shall remain subject to audit by the Board of Trustees and the Village’s independent auditor; and BE IT FURTHER RESOLVED that this authorization shall remain in effect for the duration of the contract unless amended or rescinded by resolution of the Board of Trustees. Page 2 of 11 8.3 Resolution No. 2026-3 Resolution, of the Board of Trustees of the Village of Nyack, Approving an Agreement with Catholic Charities for an Outreach Worker in the Village WHEREAS, the Board of Trustees deems additional outreach to people experiencing homelessness, indigency, food insecurity, substance abuse disorders and related conditions essential to maintaining a safe village for all visitors and residents; WHEREAS, Catholic Charities, of Haverstraw, NY, provides trained, insured, experienced outreach workers capable of referring clients to a wide range of special services, and is very familiar with the Nyack community, RESOLVED, the Board of Trustees of the Village of Nyack directs the Village Administrator to implement a service agreement with Catholic Charities, of Haverstraw, NY, in a form acceptable to the Village Attorney, to provide a schedule of outreach work focused on the downtown area and the waterfront park, the library and the Soup Angels dinners, for a cost not to exceed $40,000 for the next twelve months. 8.4 Resolution No. 2026-4 Resolution of the Nyack Village Board Adopting the Nyack Climate Vulnerability and Adaptation Plan WHEREAS, the Village of Nyack recognizes that climate change is already affecting the community through increasing temperatures, more frequent and intense storms, sea level rise, extreme weather events, and climate-related public health impacts; and WHEREAS, the Village of Nyack participated in the New York State Climate Smart Communities (CSC) Program and has achieved Silver Certification, demonstrating its longstanding commitment to climate action, resilience, sustainability, and environmental stewardship; and WHEREAS, the Village of Nyack has prepared the Nyack Climate Vulnerability & Adaptation Plan (the “Plan”), funded by the New York State Environmental Protection Fund through the NYSDEC Hudson River Estuary Program, to evaluate local climate risks and outline adaptation strategies to protect public health, safety, natural resources, infrastructure, and the local economy; and WHEREAS, the Plan presents the best available science on projected climate impacts for the Lower Hudson Valley region—including extreme heat, extreme weather events, sea level rise and storm surge, and climate-related illness—and identifies Nyack’s vulnerabilities and prioritizes actions to strengthen resilience; and WHEREAS, the Plan reflects over a year of work by Village staff, consultants, the Nyack Climate Smart Committee, the Steering Committee, partner agencies, and dozens of engaged community organizations, with input from public workshops, surveys, and stakeholder meetings; and Page 3 of 11 WHEREAS, the draft Plan was presented to the Village Board at a public meeting on October 23, 2025 and posted for public review from November 1–30, 2025, during which comments were invited through the Village website, newsletter, and public outreach; and WHEREAS, the Village Board finds that adopting the Plan is in the best interest of public health, safety, and welfare, and will help guide Village policies, capital planning, emergency preparedness, and partnerships to build a safer and more climate-resilient Nyack; NOW, THEREFORE, BE IT RESOLVED that the Village Board of Trustees of the Village of Nyack hereby adopts the Nyack Climate Vulnerability & Adaptation Plan, dated January 8, 2026 as the guiding document for Village climate adaptation planning and action; and BE IT FURTHER RESOLVED that the Village Board directs the Village Administrator, the Sustainability Coordinator, and relevant Village staff to integrate the Plan’s recommendations into Village operations, planning, budgeting, and intergovernmental coordination; and BE IT FURTHER RESOLVED that the Village Board authorizes the creation and convening of a Local Resilience Team, as outlined in the Plan, to meet annually with the Village Emergency Response Team, partner agencies, and community stakeholders to evaluate progress, update priorities, and coordinate climate resilience initiatives; and BE IT FURTHER RESOLVED that the Village Board directs the Sustainability Coordinator and Climate Smart Committee to support public education, outreach, and program development necessary to implement the Plan; and BE IT FURTHER RESOLVED that the Village Board will update the plan no later than every ten years and may amend, update, or supersede the Plan as needed in response to new information, updated climate projections, or emerging local needs; and BE IT FURTHER RESOLVED that this resolution shall take effect immediately. 8.5 Resolution No. 2026-5 Resolution of the Nyack Village Board Increasing Salary of Kyle Coimbra, Treasurer WHEREAS, the Board of Trustees of the Village of Nyack is authorized under New York Village Law to fix the compensation of appointed officers and employees of the Village; and WHEREAS, the Board of Trustees has reviewed the duties, responsibilities, and performance of Kyle Coimbra, who serves as Treasurer for the Village; and WHEREAS, the Board of Trustees finds it appropriate to adjust the compensation for this position; NOW, THEREFORE, BE IT RESOLVED that the annual salary of Kyle Coimbra, Treasurer, is hereby increased from $92,000 to $95,000; and BE IT FURTHER RESOLVED that such salary increase shall be effective, retroactive, to January 1, 2026; and Page 4 of 11 BE IT FURTHER RESOLVED that this salary shall be paid in accordance with the Village’s regular payroll practices and from funds duly appropriated in the Village budget; and BE IT FURTHER RESOLVED that the Village Treasurer is hereby authorized and directed to make such payments accordingly. 8.6 Resolution No. 2026-6 Resolution of the Nyack Village Board Adopting a Project Labor Agreement for Construction of the Emerging Contaminant (PFAS/PFOS) Treatment Project at the Nyack Water Treatment Plant WHEREAS, the Village of Nyack (the “Village”) is undertaking a public works project for the design and construction of an Emerging Contaminant (PFAS/PFOS) treatment system at the Nyack Water Plant (the “Project”); and WHEREAS, the Project is necessary to ensure compliance with New York State drinking water standards, protect public health, and maintain uninterrupted operation of the Village’s water supply; and WHEREAS, the Village retained H2M architects + engineers (“H2M”) to prepare a Project Investigation / Regional Setting for Use of a Project Labor Agreement, H2M Project No. NYAK2001, dated December 2025 (the “PLA Feasibility Study”), to evaluate whether use of a Project Labor Agreement would advance the Village’s interests for this Project; and WHEREAS, the PLA Feasibility Study evaluated the scope, complexity, cost, schedule, labor requirements, and regional construction conditions associated with the Project, including an estimated construction cost of approximately $12.2 million and estimated labor costs of approximately $5.16 million; and WHEREAS, the PLA Feasibility Study found that the Project is technically complex, schedule- sensitive, and requires a skilled, multi-trade workforce, and that delays or labor disruptions could adversely affect water system operations and public health; and WHEREAS, the PLA Feasibility Study documented regional experience with public construction projects utilizing Project Labor Agreements in Rockland County and neighboring jurisdictions, finding that PLAs have successfully promoted labor harmony, avoided strikes and lockouts, and prevented costly delays on comparable projects; and WHEREAS, the PLA Feasibility Study further found that incorporation of a Project Labor Agreement for this Project is reasonably expected to promote competitive bidding, including by out-of-region contractors, by stabilizing labor conditions and standardizing work rules; and WHEREAS, the PLA Feasibility Study concluded that the use of a Project Labor Agreement could result in estimated labor cost savings of approximately $898,000, or 17.4% of total project labor costs, through standardized work hours, reduced overtime, use of working shop stewards, apprentice utilization, and uniform holiday schedules; and Page 5 of 11 WHEREAS, based upon the PLA Feasibility Study and its findings, H2M recommended that the Village incorporate a Project Labor Agreement into the bidding and contract documents for the Project; and WHEREAS, the Board of Trustees has reviewed and considered the PLA Feasibility Study and finds that adoption of a Project Labor Agreement for this Project will advance the Village’s legitimate proprietary interests, including obtaining the best work at the lowest responsible cost, minimizing risk of delay, and ensuring timely completion of this critical public infrastructure project; and WHEREAS, the Board of Trustees has reviewed a proposed Project Labor Agreement entitled “Project Labor Agreement Covering Construction Performed on Behalf of the Village of Nyack and the Rockland County Building & Construction Trades Council – Emerging Contaminant PFAS/PFOS Treatment, Nyack Water Plant” (the “PLA”); NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Nyack hereby approves and adopts the Project Labor Agreement for the Emerging Contaminant (PFAS/PFOS) Treatment Project at the Nyack Water Plant, based upon and in reliance on the findings and recommendations set forth in the PLA Feasibility Study; and BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to execute the Project Labor Agreement on behalf of the Village, subject to approval as to form by the Village Attorney; and BE IT FURTHER RESOLVED that the Project Labor Agreement shall be incorporated into and made a part of the bid specifications and contract documents for the Project, and all contractors and subcontractors performing work within the scope of the Project shall be required to comply with and become signatory to the PLA; and BE IT FURTHER RESOLVED that the Village Administrator, Village Treasurer, and other authorized Village officials are hereby authorized to take all actions necessary to implement this resolution and administer the Project Labor Agreement in accordance with its terms. 8.7 Resolution No. 2026-7 Resolution of the Nyack Village Board Supporting Mayor’s Signature on Letter to New York State Officials Regarding Enforcement of the New York State Nutrient Runoff Law WHEREAS, excess phosphorus in surface waters contributes to harmful algal blooms, degraded water quality, and adverse impacts on drinking water supplies and aquatic ecosystems; and WHEREAS, numerous waterbodies across New York State, including several within Rockland County, are designated as impaired for total phosphorus under Section 303(d) of the federal Clean Water Act; and WHEREAS, the Village of Nyack’s public drinking water supply is derived from Lake DeForest via the Hackensack River, making the Village directly dependent upon the protection of upstream surface water quality; and Page 6 of 11 WHEREAS, Lake DeForest and portions of the Hackensack River watershed are designated as impaired for total phosphorus, and elevated nutrient levels pose risks to source water quality, treatment costs, and public health; and WHEREAS, the New York State Nutrient Runoff Law regulates the retail sale and application of phosphorus-containing fertilizers and expressly preempts local regulation in favor of statewide enforcement; and WHEREAS, the Board of Trustees shares the concerns expressed by Rockland County officials regarding inconsistent or insufficient enforcement of the New York State Nutrient Runoff Law and the resulting impacts on water quality within the Hackensack River watershed; and WHEREAS, Rockland County transmitted correspondence dated May 29, 2025, to the Governor of the State of New York, the Attorney General, and senior officials of the New York State Department of Environmental Conservation requesting enhanced education, monitoring, and enforcement of the Nutrient Runoff Law; and WHEREAS, the Board of Trustees finds that effective statewide enforcement of nutrient runoff regulations is essential to protecting Lake DeForest, the Hackensack River, and the Village of Nyack’s drinking water supply; NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Nyack hereby expresses its support for enhanced enforcement of the New York State Nutrient Runoff Law to protect surface waters, including Lake DeForest and the Hackensack River watershed; and BE IT FURTHER RESOLVED that the Board of Trustees hereby supports and authorizes the Mayor of the Village of Nyack to sign and transmit a letter to the Governor of the State of New York, the Attorney General, and the New York State Department of Environmental Conservation advocating for consistent enforcement of the Nutrient Runoff Law, substantially consistent with the positions advanced by Rockland County; and BE IT FURTHER RESOLVED that the Village Clerk is directed to transmit certified copies of this resolution to the appropriate State officials and agencies. 8.8 Resolution No. 2028-8 – Resolution of the Nyack Board of Trustees Approving the Appointment of Miriam Rubinton to the Zoning Board of Appeals RESOLVED, the Board of Trustees of the Village of Nyack approves appointment of Miriam Rubinton to the Zoning Board of Appeals to as an alternate for a term of two years, to expire at the Annual Meeting of the Board of Trustees in December of 2027. 8.9 Resolution No. 2026-9 Resolution of the Nyack Village Board to Approve Street Closure Permits for Maureen’s Jazz Cellar for Two Events in 2026: Dancing in the Streets (May 9, 2026) and Nyack Jazz Festival (August 29, 2026) Page 7 of 11 RESOLVED, the Board of Trustees of the Village of Nyack to approves applications for a street closures on North Broadway for the dates 5/9/26 and 8/29/26, for music events sponsored by Maureen’s jazz Cellar. 8.10 Resolution No. 2026-10 Resolution of the Nyack Village Board to Amend 238-4 (Prohibited noises) and §238-5 (Exceptions) of Chapter 238 (Noise), of the Code of the Village of Nyack so as to Prescribe an Automatic Repeal, on 12/31/2028 by Means of a Sunset Provision, of the Exception (Exemption) from the Prohibition of Gasoline-Powered Leaf Blowers At 7:30 PM, during a regular meeting of the Board of Trustees of the Village of Nyack (“Village”), convened on January 8, 2026 (“Public Hearing date”), 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 provisions embodied in Chapter 238 (Noise) 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, if adopted by the Village Board, will amend Village Code §238- 4 and §238-5 , so as to prescribe an automatic repeal, on 12/31/2028 by means of a sunset provision, of the exception (exemption) from the prohibition of gasoline-powered leaf blowers which Local Law is appended hereto, made a part hereof and marked as “ATTACHMENT A.” WHEREAS, a copy of the proposed Local Law was provided to the Village Board, in accordance with NYS Municipal Home Rule Law §20. WHEREAS, following compliance with all public notice requirements as mandated by the applicable NYS statute(s) and the Village Code, and distribution of the proposed Local Law to the Village Board as per NYS Municipal Home Rule Law §20(4), on 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 Village Board finds, after reviewing the proposed Local Law, and after hearing from affected property owners/managers, Village residents, and business operators in the Village, that these amendments are pragmatically necessary to encourage the transition to battery-powered leaf blowers by parties responsible for maintaining very large properties, which amendments are a practical balancing of ameliorating the unavoidable hardships of these property owners, and Page 8 of 11 preserving and protecting the quality of life of Village residents and businesses, and their guests, invitees and customers, and the tourists of the Village (“legislative intents and purposes”). NOW, THEREFORE, based on all of the documentation and information before the Village Board, and the findings and determinations made herein; RESOLVED, the Board of Trustees of the Village of Nyack finds that this Local Law will fulfill its legislative intents and purposes, and 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. 8.11 Resolution No. 2026-11 Resolution of the Nyack Village Board to Apply for a Grant from the NYS Department of Transportation for Sidewalk Improvements in the Area Between Broadway and the Waterfront WHEREAS, After thorough consideration of the various aspects of the problem and study of available data, the Village has hereby determined that certain work, as described in its application and attachments, herein called the "Project", is desirable, is in the public interest, and is required in order to implement the Project; and WHEREAS, The New York State Department of Transportation has made funds available from the Federal Highway Administration through the Transportation Alternatives Program to support bicycle, pedestrian, multi-use path projects and programs and expand opportunities for non- vehicular transportation choices; and WHEREAS, the activities of the Project herein improve mobility, provide safe routes for pedestrians to access daily needs, public transportation and recreational opportunities, enhance the character of the village and contribute to its revitalization, and further the Village of Nyack’s plans for ADA-compliant sidewalks throughout the entire village; and WHEREAS, the Village deems it to be in the public interest and benefit under these acts to authorize and direct Joe Rand, as Mayor of the Village of Nyack, New York, to file an application for funds to the New York State Department of Transportation, Transportation Alternatives Program. NOW, THEREFORE, BE IT RESOLVED, 1. That Joe Rand, as Mayor, is hereby authorized to file an application for funding in support of the construction of an ADA-compliant sidewalk system in the Village’s historic waterfront and central business district, including Hudson Avenue, Piermont Avenue, Main Street, Spear Street, Burd Street and Gedney Street. Page 9 of 11 2. That the Municipality agrees that it will fund as a match at least 20% of the cost of the Project, and that funds will be available to initiate the Project's field work upon execution of a contract with New York State Department of Transportation. 8.12 Resolution No. 2026-12 Resolution of the Nyack Village Board to Post a “Loading Zone” sign on Hudson Ave. RESOLVED, the Board of Trustees of the Village of Nyack approves the installation of a “loading zone” sign at the corner of Hudson Ave by S Broadway and, accordingly, the amendment of the list of such loading zones kept by the Village Clerk, as per Village Code Section 330-56 Loading zones and limited time zones. 8.13 Resolution No. 2028-13 Resolution of the Nyack Board of Trustees Approving the Appointment of Alessandra Francisco to the board of the Nyack Housing Authority RESOLVED, the Board of Trustees of the Village of Nyack approves appointment of Alessandra Francisco to the board of the Nyack Housing Authority for a term of five years, to expire at the Annual Meeting of the Board of Trustees in December of 2030. Department Reports to the Village Board of Trustees (based on availability). 7.1 – Orangetown Police Department 7.3 – Village Administrator 7.4 - Village Clerk 9. Old Business 10.1 HVAC bid award? 10.2 Roof bid award? 10.3 Nyack Rat Control Project 10.4 Nyack Memorial Park Shoreline Path Project 10.5 Nyack Tourism Grants 10.5 Parking Authority meeting, 1/8/26 10. New Business 10.1 Amend zoning code, add “cultivation” to definition of “manufacturing”. 11. Communications 11.1 Helping Hands of Rockland food truck on Depew Ave – they have concluded their successful season and would like to return in mid- to late March, serving about 140 hot meals, takeout, once a week. 12. Public Comment 13. Executive Session Page 10 of 11 14. Adjournment Page 11 of 11