Village Board Special Meeting

Minutes of the Regular Meeting of the Village of Nyack Board of Trustees held at 6:30 on Thursday, April 28, 2023 Present Don Hammond Mayor Joseph Rand Deputy Mayor Trustee Marie Lorenzini Trustee Donna Lightfoot-Cooper Trustee (arrived at 6:45pm) Pascale Jean-Gilles Trustee Also Present Dennis Michaels Village Attorney (arrived 6:54pm) Andrew Stewart Village Administrator Rosa Martinez Deputy Village Clerk/Treasurer Absent Jennifer Hetling Village Clerk/Treasurer Meeting called to order at 6:30pm Pledge of Allegiance Adoption of Minutes – April 20, 2023 A motion was offered by Pascale Jean-Gilles to approve the adoption of the minutes of April 20, 2023, seconded by Joseph Rand. The motion was approved by a unanimous vote. Public Comments on Action Items – None Resolution No. 2023-62 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 13, 2023. RESOLVED, that General Fund Claims set forth on pages 1 through 14 in the amounts of General fund $95,644.11 Parking fund $31,616.49 Capital Projects – $1,237.25 Water Fund - $23,629.51 Motion by Marie Lorenzini, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lightfoot-Cooper absent) Resolution No. 2023-63 of the Nyack Village Board approving the 2022-2023 general fund budget RESOLVED, that the Nyack Village Board hereby approves the 2023-2024 General Fund Budget for the fiscal year June 1, 2023 through May 31, 2024, and the salaries and wages set forth therein are hereby fixed at the amounts shown therein effective June 1, 2023, and be it further RESOLVED, that the tax levy is hereby set at $4,168,050 Homestead - Town of Orangetown $ 9.6916 per 1000 Units Homestead - Town of Clarkstown $ 13.4285 per 1000 Units Non-Homestead - Town of Orangetown $ 14.3388 per 1000 Units Non-Homestead - Town of Clarkstown $ 19.8676 per 1000 Units Motion by Pascale Jean-Gilles, seconded by Marie Lorenzini to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lightfoot-Cooper absent) Resolution No. 2023-64 of the Nyack Village Board to approve the tax rate and base proportions for fiscal year 2022-2023 WHEREAS, the Nyack Village Board has considered and adopted its FY 2023-2024 operating budget. NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE NYACK VILLAGE BOARD AS FOLLOWS: That the Nyack Village Board hereby approves a tax levy of 4,168,050 and the base proportions of: Orangetown Homestead 64.01588 Orangetown Non-Homestead 35.98412 Clarkstown Homestead 70.76967 Clarkstown Non-Homestead 29.23033 for fiscal year 2023-2024. Motion by Pascale Jean-Gilles, seconded by Joseph Rand to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lightfoot-Cooper absent) Resolution No. 2023-65 Resolution of the Nyack Village Board Adopting Personnel Policy for Health Insurance for Non-Unionized Employees WHEREAS, unionized staff may obtain health insurance at Village cost upon retirement from New York State, provided they have completed ten years of employment with the Village of Nyack, a benefit that has also been conferred routinely upon non- unionized staff in the Water Department and certain other non-unionized staff via individualized employment agreements; RESOLVED, in the interest of fairness, consistency and staff retention, the Board of Trustees of the Village of Nyack approves a policy of conferring Village health insurance benefits at Village cost upon any Village employee who has been on the Village health insurance plan, works at least ten years for the Village and then retires in the eyes of New York State. Motion by Marie Lorenzini, seconded by Joseph Rand to accept the resolution as presented. The motion was approved by a vote of 3-0-1-1 (Trustee Lightfoot-Cooper absent, Mayor Hammond abstained) Resolution No. 2023-66 Resolution of the Nyack Village Board Approving an Application for Memorial Park Use by Kerry Vaniskhian. RESOLVED, the Board of Trustees of the Village of Nyack approves an application for Park Use by Kerry Vaniskhian for the purpose of a children’s birthday party to have non-exclusive access to the splash pad, playground and picnic facilities, on Sunday, May 28, 2023, from noon to 2 PM, contingent upon the Village being named as an additional insured on an acceptable insurance policy for the event. Motion by Pascale Jean-Gilles, seconded by Marie Lorenzini to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lightfoot-Cooper absent) Resolution No. 2023-67 Resolution of the Nyack Village Board Approving an Application for a Block Party on South Mill St by Alexandra Lescaze. RESOLVED, the Board of Trustees of the Village of Nyack approves an application for a block party street closure on South Mill Street, Saturday, May 13, 2023, from 3 PM to 10 PM. Motion by Marie Lorenzini, seconded by Joseph Rand to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lightfoot-Cooper absent) Resolution No. 2023-68 Resolution of the Nyack Village Board Approving an Application for Memorial Park Use by Morgana  RESOLVED, the Board of Trustees of the Village of Nyack approves an application for Park Use by Morgana for the purpose of hosting a drumming circle and DJ music/dance event at the gazebo on Saturday, May 13 (raindate: June 4), 2023, from 5 PM – 9 PM, contingent upon the Village being named as an additional insured on an acceptable insurance policy for the event. Motion by Marie Lorenzini, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lightfoot-Cooper absent) Resolution No. 2023-69 Resolution of the Nyack Village Board Approving an Application for a Block Party on Hart Place St by Andre Denonno RESOLVED, the Board of Trustees of the Village of Nyack approves an application for a block party street closure on Hart Place, Saturday, May 13, 2023, from 3 PM to 10 PM. Motion by Marie Lorenzini, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a vote of 4-0-1-1 (Trustee Lightfoot-Cooper absent, Trustee Rand abstained) Resolution No. 2023-70 Resolution of the Nyack Village Board Approving an Application for Memorial Park Use by Alissa Nunno RESOLVED, the Board of Trustees of the Village of Nyack approves an application for Park Use by Alissa Nunno for the purpose of hosting a wedding photo on the Bridge Viewing Platform 4 PM – 4:30 PM, on Friday, August 11, 2023, contingent upon the Village being named as an additional insured on an acceptable insurance policy for the event. Motion by Pascale Jean-Gilles, seconded by Marie Lorenzini to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lightfoot-Cooper absent) Resolution No. 2023-71 Resolution of the Nyack Village Board Approving an Application for Memorial Park Use by Christina Knapp, Nyack Parks Conservancy RESOLVED, the Board of Trustees of the Village of Nyack approves an application for Park Use by Christina Knapp, Nyack Parks Conservancy for the purpose of “Music on the Hudson”, a series of evening concerts at the gazebo, on June 27, July 11, 18 and 25, and August 1 and 8, contingent upon the Village being named as an additional insured on an acceptable insurance policy for the event. Motion by Marie Lorenzini, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lightfoot-Cooper absent) Resolution No. 2023-72 Resolution of the Nyack Village Board Approving renewal of Agreement with Munistat for Financial Advisory Services RESOLVED, the Board of Trustees of the Village of Nyack authorizes the Village Administrator to execute a Municipal Advisor Services Agreement with Munistat, for preparation, bidding and closing of bond sales for capital projects and related consulting services effective from the date of signing until either party terminates the agreement. Motion by Joseph Rand, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lightfoot-Cooper absent) Resolution No. 2023-73 Resolution of the Nyack Village Board Approving an Application for Memorial Park Use by Berea Church RESOLVED, the Board of Trustees of the Village of Nyack approves an application for Park Use by Joanne Thompson of Berea Church for the purpose of a movie night using the gazebo on Saturday, June 17, at 7 PM, and a basketball tournament on Sunday, June 18, 2023 from 10 AM – 5 PM, and gazebo use for informational tabling from 11 AM – 3 PM on Saturday, June 17. Motion by Marie Lorenzini, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lightfoot-Cooper absent) Resolution No. 2023-74 Resolution of the Nyack Village Board Approving a 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 $124,500, and the Village Board finds the Vendor responsive to the specifications of the RFP and the lowest responsible bidder; and RESOLVED, That the Nyack Village Board hereby awards the contract for Camp Nyack to the sole bidder, Nyack Center, Inc., in the amount of $124,500.00, and authorizes the Village Administrator to execute the contract for the program. Motion by Marie Lorenzini, seconded by the whole board to accept the resolution with the following change. The amount will be 129,500 rather than 124,500. The motion was approved by a vote of 4-0-1 (Trustee Lightfoot-Cooper absent) Resolution No. 2023-75 Resolution of the Nyack Village Board Awarding the Contract for the Burd Street Improvements Project to Belleville Landscaping, Inc. WHEREAS, the Village of Nyack solicited and received bids for the construction of sidewalks along Burd Street between S. Broadway and Cedar Street, using CDBG funds, and four bids were returned and opened on April 25, 2023, and the Village Engineer Brooker Engineering has provided a bid analysis and recommendation of the lowest responsible bidder; RESOLVED, following the analysis and recommendation of the Village Engineer, the Board of Trustees of the Village of Nyack authorizes the Village Administrator to approve a contract with Belleville Landscaping, Inc., in the amount of $155,136, the lowest responsible bid for sidewalk construction, including using Low Carbon Fly Ash Concrete, which adds $3,357 to the project cost. Motion by Pascale Jean-Gilles, seconded by Joseph Rand to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lightfoot-Cooper absent) Public Comment - None Reports Village Administrator – He and the Mayor setup a meeting to talk about quality of life and panhandling to be held on Tuesday May 2 at 7pm. Mayor Hammond requested an executive session as it relates to the tourism grant proposal. Motion by Donna Lightfoot-Cooper, seconded by Joseph Rand to approve the motion. Motion passed by unanimous vote. Old Business Riverspace parking lot policy – A memo has been prepared and update over the last couple of months stating that the Nyack Fresh Market has provided data that they are not having enough sales to sustain their business. They believe that parking regulations affect consumer behavior. There is a suggestion to regulate parking differently making the lot a one hour maximum with no need to use the app or the meters. There would be a decrease in parking revenue if the Village approved this. Mr. Burmeo, owner of the Nyack Fresh Market, stated that he has gotten feedback from some customers that they will not shop there because of the parking regulations. He also stated that he is willing to pay for the lost revenue to which Trustee Rand stated it would not be fair to allow the market to pay for the lost revenue because many other local business would benefit. Mayor Hammond asked Attorney Michaels to look into the law around renting the public parking lot. The board is willing to change the lot to 1 hour max for free for a trial period of 60 days. Administrator Stewart will review handheld capabilities to see if they can regulate the lot to one hour free max per day. He will also determine what the costs would be to sign the lot. The Nyack Parking Authority Board will convene on Thursday May 4 at 5:00pm to discuss further. Nyack Tourism Grant RFP – To be discussed in executive session Communications Jeffrey Friedberg Application for Memorial Park gazebo use on May 20 for a music event. – The board will add a resolution to the next board meeting. Becky Martinez application for Memorial Park basketball court use on April 30 for husband’s birthday game, 2:45 – 4:30 PM. – The board denied the request. Public Comment – Joe Carlin – Stated he is in agreement with the 1 hour free parking in the Riverspace Lot. Comments from the Village Board Pascale Jean Gilles – None Donna Lightfoot Copper – None Joseph Rand – None Marie Lorenzini – None Don Hammond – Everyone had a great time at the NAACP event. Executive Session A motion to move into Executive Session at 7:37pm was offered by Marie Lorenzini, seconded by Pascale Jean-Gilles. The motion was approved by a unanimous vote. A motion to adjourn Executive Session was offered by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles at 7:52pm. The motion was approved by a unanimous vote. Adjournment Motion by Joseph Rand seconded by Marie Lorenzini to adjourn the meeting at 7:53pm. The motion was approved by a unanimous vote.