Minutes of the regular meeting of the Village of Nyack Board of Trustees held at 7:30 pm on Thursday, February 11th, 2016 at Nyack Village Hall, 9 N. Broadway, Nyack New York
Hon. Jen Laird-White presiding:
PRESENT: Jen Laird-White Mayor
Louise Parker Trustee
Doug Foster Trustee Don Hammond Trustee
Marie Lorenzini Trustee
ALSO PRESENT: Jim Politi Village Administrator
Walter Sevastian Village Attorney
Mary E. White Village Clerk
ABSENT: Steve Knowlton Special Counsel
Pledge of Allegiance
‘Nyack thanks….’
Mayor Laird-White asked for a moment of silence due to the passing of Carol Fleischman.
Adoption of Minutes – Regular meeting of January 28th, 2015
Minutes were approved as presented with a motion from Trustee Lorenzini, seconded by Trustee Hammond. Motion passed by unanimous vote.
Public Comment: (discussion of Agenda Items only – 3 minute time limit)
Action Items:
Resolution No. 2016-10 Resolution to approve additional funding to the Nyack Center for FY 2015-2016.
Moved by Trustee Parker, seconded by Trustee Lorenzini to adopt resolution as presented. Motion passed by unanimous vote.
The following resolutions were adopted, however, only one will be utilized. Trustee Hammond moved, Trustee Lorenzini seconded motion to limit funding amount will not exceed $1.1million. Motion passed unanimously:
Resolution (Bond Anticipation Note) – Marina Improvements
Moved by Trustee Foster, seconded by Trustee Hammond to adopt resolution as presented. Motion passed by unanimous vote.
Resolution (Revenue Anticipation Note) – Marina Improvements
Moved by Trustee Lorenzini, seconded by Trustee Foster to adopt resolution as presented. Motion passed by unanimous vote.
Public Comment: (Open Public Discussion/any topic – 3 minute time limit)
Public Hearing(s):
Department Reports to the Board
- Orangetown Police Department
No report
- Village Administrator
Reports on the following:
Leadership Rockland report
Surplus auction (DPW equipment)
Marina (RFP draft)
- Village Attorney
Reports given on the following:
-WF text amendment (P.H. 2/25 @ 8pm)
-Building Department (Land Use application report)
- Village Clerk
-FOIL request procedure
Old Business
Land Use Technical Committee (LUTC)
Vendor applications/process
Communications
Street Fairs 2016 (Chamber/ACADA) – No action on request to use Memorial Park for
Street Fair vendor space.
New Business
Public Comment: (Open Public Discussion/any topic – 3 minute time limit)
Comments from the Board of Trustees
Mayor Laird-White: Clermont pier (easement)
Trustee Foster: Village survey update
Trustee Hammond: “Visit Nyack’ report; Chamber/ACADA to donate $2,000 toward plants in the Village.
Executive Session (if any)
Adjournment.
There being no further business, nor anyone present wishing to be heard, Trustee Lorenzini moved to close the regular meeting. Trustee Foster seconded the motion and it was passed unanimously at 9:20pm.
Respectfully submitted,
Mary E. White,
Village Clerk
RESOLUTION OF THE NYACK VILLAGE BOARD
A regular meeting of the Nyack Village Board convened on February 11, 2016, at 7:30 p.m.
The following resolution was duly offered and seconded, to wit:
Resolution No. 2016-10
RESOLUTION OF THE NYACK VILLAGE BOARD
TO PROVIDE THE NYACK CENTER AND ADDITIONAL $5,000 IN FUNDING
WHEREAS, the Village of Nyack has previously advertised for public bid, pursuant to the intent and requirements of General Municipal Law 103 et. seq., the professional services associated with running youth programming including children’s summer camp program offered to Village residents, and
WHEREAS, the Nyack Center, Inc. was awarded a contract for FY 2015-2016, and has requested an amendment to the its Contract with the Village of Nyack to secure an additional $5,000 in funding for FY 2015-2016.
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE NYACK VILLAGE BOARD AS FOLLOWS:
That the Nyack Village Board hereby amends the Contract with Nyack Center, Inc. to increase the funding provided by the Village of Nyack in the amount of $5,000.00, from the contingency line in FY 2015-2016 budget.
The question of the adoption of the foregoing Resolution was duly put to a vote, which resulted as follows:
Yea Nay Abstain Absent
Mayor Laird-White [ x ] [ ] [ ] [ ]
Trustee Parker [ x ] [ ] [ ] [ ]
Trustee Hammond [ x ] [ ] [ ] [ ]
Trustee Foster [ x ] [ ] [ ] [ ]
Trustee Lorenzini [ x ] [ ] [ ] [ ]
Mary E. White, Village Clerk
EXTRACT OF MINUTES
Meeting of the Board of Trustees of the
Village of Nyack, in the
County of Rockland, New York
February 11, 2016
* * *
A regular meeting of the Board of Trustees of the Village of Nyack, New York, was held at the Village Hall, 9 North Broadway, Nyack, New York, on February 11, 2016.
There were present: Jen White, Mayor; and
Trustees: Louise Parker, Don Hammond, Doug Foster, Marie Lorenzini
There were absent: None
Also present: Mary E. White, Village Clerk
* * *
Trustee Doug Foster offered the following resolution and moved its adoption:
BOND RESOLUTION OF THE VILLAGE OF NYACK, NEW YORK, ADOPTED FEBRUARY 11, 2016, AUTHORIZING THE CONSTRUCTION OF VARIOUS IMPROVEMENTS TO THE VILLAGE MARINA IN CONNECTION WITH STORM RELATED DAMAGE, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $1,100,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF $1,100,000 SERIAL BONDS OF SAID VILLAGE TO FINANCE SAID APPROPRIATION
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 construct various improvements to the Village marina in connection with storm related damage. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $1,100,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of $1,100,000 bonds of the Village to finance said appropriation, and 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. It is expected that Federal and/or State aid shall be received by the Village to pay all or part of the costs of the project described herein. Any aid or grant funds received from FEMA or from any other source are authorized to be used to pay all or part of the cost of the project described herein or to pay debt service on any bonds or notes issued pursuant to this resolution.
Section 2. Bonds of the Village in the principal amount of $1,100,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”), to finance said appropriation.
Section 3. The following additional matters are hereby determined and declared:
(a) The period of probable usefulness applicable to the object or purpose for which said bonds are authorized, pursuant to subdivision 7 of Section 11.00 a. of the Law, is twenty (20) years; however, the bonds authorized pursuant to this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five (5) years after the date of original issuance of said bonds or notes.
(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 not 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 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 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 of 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, or a summary thereof, 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 shall take effect immediately, and the Village Clerk is hereby authorized and directed to publish the foregoing resolution, in summary, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in the “Journal News,” a newspaper having a general circulation in the Village and hereby designated the official newspaper of said Village for such publication.
* * *
The adoption of the foregoing resolution was seconded by Trustee Don Hammond and duly put to a vote on roll call, which resulted as follows:
AYES: Mayor Laird-White, Trustees Parker, Hammond, Lorenzini, Foster
NOES: None
The resolution was declared adopted.
EXTRACT OF MINUTES
Meeting of the Board of Trustees of the
Village of Nyack, in the
County of Rockland, New York
February 11, 2016
* * *
A regular meeting of the Board of Trustees of the Village of Nyack, New York, was held at the Village Hall, 9 North Broadway, Nyack, New York, on February 11, 2016.
There were present: Jen White, Mayor; and
Trustees: Louise Parker, Don Hammond, Doug Foster, Marie Lorenzini
There were absent: None
Also present: Mary E. White, Village Clerk
* * *
Trustee Doug Foster offered the following resolution and moved its adoption.
REVENUE ANTICIPATION NOTE RESOLUTION OF THE VILLAGE OF NYACK, NEW YORK, ADOPTED FEBRUARY 11, 2016, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $1,100,000 REVENUE ANTICIPATION NOTES IN ANTICIPATION OF THE RECEIPT OF FEDERAL AND/OR STATE AID DURING THE FISCAL YEAR ENDING MAY 31, 2016
RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF NYACK, IN THE COUNTY OF ROCKLAND, NEW YORK, AS FOLLOWS:
Section 1. Revenue Anticipation Notes (herein called the “Notes”) of the Village of Nyack, in the County of Rockland, New York (herein called the “Village”), in the aggregate principal amount of not to exceed $1,100,000, and any notes in renewal thereof, are hereby authorized to be issued pursuant to the provisions of Sections 25.00 and 39.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”).
Section 2. The Notes are authorized to be issued in anticipation of the receipt of Federal and/or State aid expected to be received during the fiscal year ending May 31, 2016, to pay all or a part of certain costs incurred by the Village as a result of recent storms, including Hurricane Sandy and other storm events. The proceeds of such Notes shall be used only for the purposes of paying the current expenses of the Village for said fiscal year payable from the revenues in anticipation of which they are issued.
Section 3. The following additional matters are hereby determined and declared:
(a) The Notes are not issued in renewal of other notes.
(b) The Notes shall mature within the period of one year from the date of their issuance.
(c) No revenue anticipation notes have been heretofore issued in anticipation of the revenues specified in Section 2 hereof.
(d) The Notes are issued in anticipation of the collection of revenues other than real estate taxes or assessments.
Section 4. The Notes shall contain the recital of validity prescribed by Section 52.00 of the Law and shall be general obligations of the Village. The faith and credit of the Village are hereby pledged to the punctual payment of the principal of and interest on the Notes and unless the Notes are otherwise paid or payment provided for, an amount sufficient for such payment shall be inserted in the budget of the Village and a tax sufficient to provide for the payment thereof shall be levied and collected.
Section 5. Subject to the provisions of this resolution and the Law, and pursuant to Section 50.00 and Sections 56.00 to 61.00 of the Law, the power to sell and issue the Notes authorized pursuant hereto, and any renewals thereof, and to determine the terms, form and contents, including the manner of execution of such Notes, and to execute arbitrage certifications relative thereto, is hereby delegated to the Village Treasurer, the chief fiscal officer of the Village.