Board of Trustees - Regular Meeting

Hey, do we have her in now? Yes. Okay. Yes, I'm here. Thank you, P. Good evening. It is 7:02. We are calling our meeting to order. May I first um have a call to order. Clerk, I'm sorry. I have a roll call. Clerk, we are calling to order at 702. Yes. Trustee Bartis. I hear here. Trusty Bozie here. Trusty Hall is absent. Deputy Mayor Woods here. Electronic.

Mayor Foley.

I am here. And just confirming for the public record that the three of us here in the room constitute in person forum consistent with open meetings law. Um and Trusty Woods is our fourth voting member this evening joining by Zoom. Um announcements. There is we'll be talking about this later in the agenda, but there is a film um being made overnight Friday into Saturday in the town of Phillipstown. There is no filming happening in the village, but there will be some road closure, section of road closure on Route 9D. The DOT has and the sheriff's department have approved that road closure. Um so from 6:00 pm Friday to 6:00 a.m. Friday, cars will be redirected through the village. Um our officers will be on duty to help at um particular intersections, but again no filming will happen in the village. Um also emergency vehicles, the 90 will be open at all times to emergency vehicles. So that is not a concern. If you have questions, please contact the town of Philipstown as they are the lead on this um event. Other announcements, just a reminder that um we have scheduled a public hearing on the tenative budget for fiscal year 2627 Wednesday, April 8th, 2026 at 7 p.m. Um the public hearing notice is up online. You can look at the tentative budget online or we also have paper copies available here at Village Hall. Any other announcements? Okay. Opportunity to add or modify agenda. Any requests? Okay. Moving on to board business. We have some we have some very exciting big conversations tonight. We are joined by James Arabido. James, we're just asking you to unmute.

James is our um one of our attorneys at May and Mcken. And oh, what's the third M? Uh, Man Ryder McKay.

Man Ryder McKay. Same firm, new name, all the same services. May Ryder McKay. Um, he has been working with us primarily on real estate transactions and has helped us with the negotiation of um purchase of the remaining parcel parcels um that we need for dam access um at the upper reservoir. So, James, if you would talk us through process on um to make sure we do this right the first time out of the box.

Sure. Um, so, uh, we need to get to a place where, uh, where the board can approve, uh, the purchase and sale contract that's been negotiated with the seller, uh, and, uh, to approve the mayor's prior acts with respect to the negotiations that led to this point. Um to do so, we're going to have to uh seeker the action for purposes of seeker. In this instance, because there is wholly independent utility of the property outside of the dam project, just like with the Houston parcel previously, we could seeker the purchase in and of itself. Uh to which end the village has prepared a short form EAF. Um and we've included the seeker analysis as part of the proposed res resolution to approve the uh to approve the contract.

Okay. And just you're using seeker as a verb but for the benefit of the press and the public joining us. It's the state environmental quality review act. Um and we are going to go through part one and part two with James. Is there anything that you need us to It is part of the public record um online if anyone prefers to read in detail. Is there anything James from the part one that we need to cover um verbally in session? Uh I don't think so. Give me a second to just breeze through it.

Okay. Again, I don't think you know this is a relatively simple see this relatively simple review here because there's no actual work being done on the property as a result of this. This is just a purchase. uh as a general matter just for the the benefit of the public. What this part one is doing is speaking in general terms about what impacts if any um the proposed action would have on things such as traffic, natural landscapes, public and private water supply, etc. and so forth. Uh, I don't know that there's really anything we have to speak about in particular here. Um, the the search does uh find a timber rattlesnake. Well, there the potential for timber rattlesnake presence on the property. Again, we're not doing anything on the site though. So, uh, the impacts are expected to be none

at this time. At this time, we're this is this particularly relates to relates to the purchase. Correct. Um, and I am not, just to to be clear, I'm not seeing a part two in my stack. I'm just seeing a part one. Is that correct? Yes. Okay. Just making sure. Oh, wait, wait, wait, wait. No, we we did a part two impact assessment here.

James, I I came in the door just before the meeting started, so it's possible that it's here and I'm not seeing it. You want me to share my screen? Would that help? Sure. Why don't you just for the for the benefit of the viewing audience and maybe some floor since you have it on your screen? I don't I don't What is the view is the series of 11 questions. James, if there's no like you request to share your screen, please. Sure.

And then we'll go through the questions from your version. Okay. Okay. So, this is the part two that you're seeing on screen and we need to review that first before we go to the resolution. I cannot for the life of me read that. So, if you can if you can read out the questions. Absolutely. Number one, will the proposed action create a material conflict with an adopted land use plan or zoning regulation? Yes or no? No. In fact, it's in compliance.

Will the proposed action Sorry, that's okay. Number two, will the proposed action result in a change in the use or intensity of use of the land? Yes, sir. Just no. Number three, and and bearing in mind that the proposed action in this instance is the purchase. Uh number three, will the proposed action impair the character or quality of the existing community? Yes or no? No. Number four, will the proposed action have an impact on the environmental characteristics that caused the establishment of a critical environmental area? Yes or no?

No. Number five, will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? Yes or no? No. Number six, will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? Yes or no? No. Will the proposed action impact public or private water supplies? Yes or no? About the purchase? No. Will the proposed action impact public or private wastewater treatment uh utilities? Yes or no?

Number eight. Will the proposed action impair the character or quality of important historic, archaeological, architectural, or aesthetic resources? Yes or no? No. Number nine. Will the proposed action result in an adverse change to natural resources, eg wetlands, water bodies, groundwater, air quality, flora, and fauna? Yes or no? No. Number 10, will the proposed action result in an increase in the potential for erosion, flooding, or drainage problems? Yes or no? No.

And number 11, will the proposed action create a hazard to environmental resources or human health? Yes or no? And then obviously the part three determination of significance um given that we have answered no all the way through you have a no uh no adverse impact no check out just for the for the record check this box if you have determined based on the information and analysis above that any supporting document excuse me and any supporting documentation that the proposed action will not result in any significant adverse environmental impacts.

And so now we put this to a board vote. Yes. Correct. May I have a I will do it by roll call, please. Trusty Bardis. Hi. Just Boseie. Hi. Trusty Hall is absent. Deputy Mayor Woods. Oh, she probably need I was muted. Sorry. Deputy Mayor Woods votes I. Mayor Foley. Hi.

And the vote is 4001. Thank you. All right, James. Now we move on to the resolution which you have helped to prepare. Um, it is a very long document. Um, is this a resolution which should be read into the record in its entirety? uh I I don't I I don't I don't think it could hurt you to do it. I I don't think you need to do the exhibits obviously, right? I don't think we can reference the exhibits which are available electronically on our website.

Correct. And from the village clerk as needed. Okay. So, resolution of the village board of trustees, the village of Cold Spring authorizing it's authorizing the mayor. So perhaps you should read it. I'll do it.

Uh resolution of the village board of trustees of the village of Cold Spring authorizing the mayor to sign necessary documents associated with the acquisition of real property. Whereas the village of Cold Spring owns the Cold Spring reservoir and whereas the reservoir is held back by two dams, the upper dam and the lower dam, and where the village plans to perform substantial repairs and upgrades to the upper dam, maintain the safety of the reservoir and village residents, and to protect the integrity of the local drinking water. Whereas Rita Sue Seagull or seller is the record owner of vacant real property located at 260 and 261 Lakes Surprise Road, Philips Town together approximately 4.6 acres um have offered to convey the property to the village pursuant to the terms of that certain real estate purchase and sale agreement annexed here too in exhibit A. And whereas the agreement sets forth the terms and conditions of the village's acquisition of the property from seller the amount of 1 million and0 subject to and in accordance to the terms therein. And whereas the village board of trustees finds it is in the best interests of the village to enter into the agreement and authorize the mayor to execute the agreement and any and all related documents necessary to effectuate the acquisition of the property and completion of the project. And whereas acquisition of set property is integral to the planning and implementation of the project and the property provides the village with much needed access to the upper dam and provides a staging and layown area and serves other significant project related uses including wershed protection protection of an important drinking water resource. And whereas wholly independent of the project, the property is vital to the ongoing preservation, protection, and resilience of the village's water supply and provides reliable village access theretores irrespective of whether the project was completed. And whereas it is in the public interest that the village acquire the property in order to complete the project. And whereas the village proposes to acquire less than 100 acres of real property. And

accordingly, such acquisition is an unlisted action pursuant to the state environmental quality review act. Whereas the village has completed a short form environmental assessment form. Short um whereas the seller desires to sell the property to the village to support the project. Whereas the village desires to accept the property from the seller upon the terms and conditions set forth in the in that certain agreement. Whereas the village will need to acquire a boundary survey of each parcel prior to closing. Whereas the village will need to perform or cause to be performed a phase one environmental site assessment in accordance with ASME527 standards phase one for each parcel. Whereas the village's design consultant with respect to the project, tectonic environmental tectonic engineering consultants, geologists, and land surveyors has estimated for the village at the price of $2,900 per parcel to perform the phase one $7, perform the survey at both parcels and $1,500 to provide legal description to be included in the decrease parcel. and where the village board of trustees has determined that it is in the best interest of the village to include a 20% contingency on the quoted cost for the cost for the survey in phase one in order to avoid any short falls uh relating there too and whereas the phase the survey and phase one constitute professional services that require special skill and expertise public bidding requirements of GML 103 the village's procurement policy do not apply there too now therefore it is hereby resolved that the her proposed acquisition is unlikely to have efforts environmental impacts and therefore the preparation of an environmental impact statement is not required. Therefore resolved that the village board of trustees hereby determined that the acceptance of the property donation is in the public interest of the residents of the village is further resolved that the village board of trustees hereby authorizes the mayor on behalf of the village to accept the donation.

What those are typos in there not donations acquisition acquisition. Yep. Donation. Okay. So, in both of those resolutions, it should be it should be position resolved that the village board of trustees hereby determine the acceptance of the proper the purchase of the purchase of the property acquisition

determines that the acquisition of the property the acquisition of the property is in the best interest of the resident of the village and it is further resolved. Village Board of Trustees hereby authorizes the mayor on behalf of the village to acquire the property from the seller and resolve that the village board of trustees hereby authorizes the mayor to execute any and all required agreements and documentation to effectuate the position of the property including but not limited to the agreement deed any necessary transfer documents and to comply with all the provisions of the agreement subject to the review and approval as to form and content. by the attorney for the village and is further resolved that all prior actions taken by the mayor in connection with negotiation of the property acquisition are hereby ratified, confirmed and approved in all respects. And it's further resolved that the mayor is authorized to proceed with the survey in phase one and to perform all acts and to execute all documents related there too. It's f further resolved that the mayor is authorized to spend up to uh $3,480 to perform the phase one environmental site assessments, $8,400 to perform the survey, $1,800 to obtain legal descriptions of the parcels. And it's further resolved that the village clerk is hereby directed to maintain a copy of this resolution and the official records of the village.

That's a roll call vote. and noting that we will ensure that all of your noted modifications to the word acquire or acquisition are correct in the record. Um, is there a second? Second. You you move it. Second. Discussion. All in favor? Y. Okay. Trusty Bis. Hi. Trustee Boosezie. I trusty Hall is absent. Deputy Mayor Woods.

I mayor. Great satisfaction. I

um before we move on to the bond resolutions, I just want to take a quick second and say thank you to Laura Boosezie. Laura has been just the best negotiating partner and we it's been a long road and I'm so glad we're finally here. I'm so glad. Thank you. And thanks and James, you're pretty great, too. No, I was just there for the ride.

Oh, this whole thing. Okay. So now um we are in fact purchasing property um and so we need to we we it is our intention to pursue um and we believe that we have indications that we are good candidates for a um a grant to um to cover the cost of the project. um we need to do the acquisition now and then we will acquire we will apply for a for a grant to reimburse the village. Um so in the meantime we need to make uh we needed to establish a bond to front the money before it comes back to us as a grant. And so make sure I'm looking at the right resolution that um

under Hawkins head okay resolution is the village of um all right now James I will tell you that our bond council let us just read the first option fair No, I think it was important for the public um for us to read that entire resolution to the record. So for the bond the summary um resolution um it is resolution number oh I was this one

they're not numbered until they're read seven 14. Okay. 142026. Um uh I make a motion to accept a bond resolution of the village of Cold Spring, New York, adopted March 25th, 2026, authorizing the issuance of bonds in a principal amount not to exceed exceed 1,45,000 to finance the acquisition of a parcel of real property located at 260 and 261 Lakes Prize Road stating the estimated maximum cost thereof is 1,001 million, excuse me, $45,000. and appropriating a said amount for such purchase. That is the motion.

Second. Thank you. Um roll call vote. I will let it I will ask it to be a roll call vote. I'm sure and for this it has to be a super majority of four. Correct. Trusty Bis. Trusty Boosezie. I deputy mayor Woods. I trusty Hall is absent. Mayor Foley, I vote I.

The bond resolution is adopted by a vote of 4001. Okay. orient myself to the next next resolution also relates to a bond. Um this is related to the engineering for the dam. Second to make sure that I have the right language in front of me. Okay. Um this will be bond resolution 15 2026. um authorizing the issuance of bonds in a principal amount not to exceed 375,000 to finance the preparation of preliminary plans, specification, and design in connection with the proposed construction of approve improvements to the upper Cold Spring Dam stating the estimated maximum cost thereof is $375,000 and appropriating set amount for set purpose. That was the motion. Second, roll call, please.

Trusty Bis. Trusty Rosie. I. Trusty Hollis absent. Deputy Mayor Woods. I. Mayor Foley. I vote I. And the motion is adopted. Board 001. This is a big day. Okay, James, have we done everything that we needed to do on the damn front? We have covered our bases today, mayor. Congratulations to the

Thank you very much, James. May I ask you to stick with us just in case there are any questions? I know you're not necessarily briefed on the topic, but just in case, we have a a resolution next. Um Jonathan and John have been assisting with this this week. Um there is a proposal also before the town board this evening. It's been in discussion with uh the town clerk and the DOT for some weeks coming to our boards for approval tonight. Last Friday, the officer in charge and I were asked to join um a briefing on a film shoot happening in Garrison um that will require road closure of Route 9 from 6:00 p.m. to 6:00 a.m. Friday, Friday into Saturday. Emergency vehicles will be able to pass. They asked for assistance with our officers as traffic is being rrooed through the village to be in three locations. Um, there will also be a production assistant with each officer so that there can be communication back and forth among sites outside of the village. The sheriff's department is managing the intersections outside of the village. State troopers will be assisting as well and we are managing within our own um territory as it were. There is no other there is no other service being provided by the village. Um Andrew Casty Hall and I did negotiate um impact fees including coverage of pay for our officers for that 12-h hour period and the supervisory work that has been required of the commanding officer. Um and the amount um that was negotiated was $18,500. Um so

and about about 10 of that is is cost you know officers um for commercial duty. So discussion first or discussion seeing none. Um it looked like a new um format the is this

Yes. So Andrew, this is this is a new format. Andrew has been working toward a new format for agreements. This is the result of we took the location agreement from Apple. The company is Apple Television and out pieces of our pieces of our most recent um filming permit and what we know to be needed in our new permit and fuse them together with the help of Jonathan and John in a quickl like order. Yeah. To result in this. And now that we have this in order, we have a good template for going forward.

That's great. Um, so, so Jonathan or I'm sorry, James. Um, it is my assumption that this can this is uh can simply be a a vote, a voice vote, not a roll call. Uh, I think that's right. Yes. Okay. Um, so I would make a motion to Yes, I need someone else to make the motion. It's authorizing me. One question first. H how does insurance work on that? They they give us a certificate. We have we have their certificates of insurance. That's Kieran I believe Kieran

we have received their certificates and there's also a line that was just added today that we also certify that we hold insurance uh for I think they said $2 million per which we do because we have excess liability insurance. So um and they provided their a certificate of insurance today in the amount that is recommended by our carrier. Okay. Thank you for asking. Um like to make a motion. Yeah. Cool. Yeah. Do you have the language?

Which one? Uh discussion and vote authorizing mayor to sign location services agreement between the village of Cold Spring with Apple TV Apple Studios LLC for police traffic supervision as per agreement for which Apple TV Studios LLC agrees to pay a one-time non-refundable location services fee in the amount of $18,500 for services.

Yes. No second. Okay. And just one one other quick item before we take the vote. There is a rain date which is April 8th, but it's looking like things will be able to go ahead just fine on Friday. Um so um uh what do I say? We've done a roll call. I you second it. All in favor? Is that an eye from tweets? Yes. Thank you. Thanks for hanging out for that, James. Um, I think we are we are you may hop back into your own life and have an evening with your family. Thank you very much for joining us.

You're welcome to stay if you'd like, but you don't need to.

Okay. Um, we'll have the clerk talk us through the next resolution which relates to records retention policy. Uh this is a simple resolution to adapt the records management program that is advised by the New York State Archives which is a part of the department of New York the New York department of education. Um it was introduced in 2020 and we're adopting it for our own. it um it's also in addition to the New York State Archives provides a wealth of information to records management officers which the clerk is by default the records management officer and there they have a wonderful staff that have uh offered to help us to visualize a plan so that next year we can apply for a grant to upgrade our facilities and digital and physical. Um, but you can't do that until you adapt this resolution. And so that's why this resolution is on the uh agenda tonight.

Thank you for uncovering that process. Marjorie, um, a question. Y,

what are we talking about by home sales resolutions? All the business of the village is part of the public record and we keep everything for you know the record management program is there is a specific when you adopt this resolution how many years you keep each thing. I have a binder in my office that tells you how long the minutes are kept, how long the uh receipts are kept, how long uh oaths are kept, etc. etc. So

all of our vital records birth certificates, death certificates are retained, uh police department records, our village records. So So there's a cost associated with this, I would imagine. So we can recoup that cost later. Well, I mean this is down the road. Yes. I mean among as I understand and Marjorie can clarify further, these are they tend to be particular project grants. So for example, purchase of fireproof storage boxes um mold removal uh and but also guidance on

how you know I mean there there's a grant every year. It's not to to uh maintain your records is not an expense. It is a requirement of law. So whether we adopt this or not, we have to retain our records. This actually allows you to dispose of some records actually because there's a record retention program that you're adopting. Well, there's and so will that will there be a cost to the village? There's no cost to adopting the resolution. In fact, it's the opposing forward. Will there be a cost to the village for submitting those or whatever? Do we submitting a a grant?

No, submitting directly. We maintain the records. We're right now we Okay. I was understand. We need to go into I thought we had to report them into somebody. No, but one of the one of the things that we have talked about Well, yes, there is reporting, but also one of the things we've talked about is the importance of getting the roof sealed up. It's because of leaks

um in the basement. And we there there are probably some items down there. The town takes advantage of very inexpensive rental space in fire safe a fire safe structure at the county level for infrequently accessed documents. So we may be able to opt now that we've adopted these standards be able to optimize some of those things to get records out of out of where they are and into places with better circulation and they're meant to be archival conditions. But yeah, I'll take you down. It's pretty it's pretty cool. There's an old vault down there. Oh, cool. It's also terrifying. So we have to

It also refers to digital records. So they can help with with those as well. All of this does is really I mean you someone here might read it. It's very just it's very simple. Only those records will be disposed of that are described in that document after they have met the minimum retention periods. Well, I will make a resolution. This is now 16, correct? Yes. Adopting the records and retention disposition schedule for New York local government's records. Following resolution was offered by Mayor Foley for adoption and seconded by

second. resolved by the board of trustees of the village of Cold Spring, New York, that retention and disposition schedule for New York State local government records issued pursuant to article 57A of the arts and cultural affairs law and containing legal minimum retention periods for local government records is hereby adopted for use by all officers in legally disposing of valueless records listed therein and further resolved that in accordance with article 57- A only Those records will be disposed of that are described in retention and disposition schedule for New York local government records after they have met the minimum retention periods described therein. And B, only those records will be disposed of that do not have sufficient administrative, fiscal, or historical value to merit retention beyond established minimum periods. And this is a roll call.

Trusty Bis. Trusty Hall is absent. Trusty Boosezie. Hi, Deputy Mayor Woods. I, Mayor Foley, I vote I and the motion is adopted. 4001.

Okay. Um, we have a request from Riverkeeper um to do again do a river sweep um on at Docside Park on May 2nd, 2026 from 9:00 a.m. to 12:00 p.m. Um, they have already cleared this with parks Declan, sorry that I'm going blank on Declan's last name. The uh the new the new Evan Declan has given um permission to riverkeeper um to do this event and um they have asked for um assistance from roadways and facilities in terms of a truck to haul um and our bin to dispose of trash and the um crew chief Robert Downey has volunteered his time um on a on that Saturday to do that work. He's done that for the last few years. So, they're asking for our permission as we are the um currently the uh permit issuers for Dockside Park. They're asking for permission to help us keep the shoreline clean again this year. Discussion.

Well, that's just for trash. Is it for all that wood that washes up down there that No, actually that is there's a particular term for that. It is called rack. Um though

our our management agreement with New York State um this is actually a good moment for Michael something for you to to note and your coverage. Um, rack is the natural debris that that comes up on shore from the Hudson. The 2020 two project or that New York State and the DEEC did together um made uh it's the shoreline stabilization pro project docide is designed to flood naturally as it would had there not been a man a manmade um dock or other item there. So the the rack is intended to come up on shore. Our management agreement with New York State Parks has actually does not allow us to remove the natural rack.

Um periodically parks will come through and remove some large objects, but that is not within our per purview. So what the riverkeeper folks do um and this is in addition to Bugsy every Friday once it gets warm, Bugsy and his team sweep the park for garbage um and post trail and all that stuff. Say that again. They pull stuff off the trail if it ends up they make sure that it's clear and safe. Okay. Um but the rivereper event is uh the the sweep event is a way to engage people all up and down the river in different communities in taking care of the river. There's always there's the river is flows both ways. It is always disgorgging styrofoam and

bottles and all of those things unfortunately. So, this is a this is a it's a a one-day event to engage people in helping to take care of the river and they're asking for our permission. Any other discussion? Someone like to make a motion. If a motion can be accepted, we don't have to go all this way. Um, so you're got Marjory's got given text there. Just I think we should mention the day. Yep. Permission. on May 2nd. Right.

Request by Riverkeeper for the village of Cold Spring support the 2026 Riverkeeper Suite by granting permission for volunteers to organize a cleanup project at Dockside Park on May 2nd, 2026 at 9:00 a.m. to 12:00 p.m. And by sending one or two of the roadways facilities department crew members with the truck to load, haul, and dispose of trash and debris at the end of the event. There was also a question whether a certificate of insurance would be required of Rivereper and if so how much.

Um it is it came with the email for this. I have not been here to print it but we do have their certificate. Declan Declan did um the the parks manager did take care of that piece of business for us. Um, and I have also asked, I'm sorry, I should have mentioned this. I also asked that in addition to the indemnification that parks has folks sign that they modify the language to include um indemnification of the village. So, we'll get that back in draft form and make sure that's there just as we've done in years past. So, Tony has made the motion. I will second. All in favor? I I tweet. still have you.

Yes. Sorry. I Hi. batch 830 843. Yes. Approval of bills voucher batch 8403 in the amount of 30 31,81050. Second. Second. All in favor? Hi. Hi sweeps. Thank you for um thanks for covering for Andrew on a very busy day. Got it. Um acceptance of minutes

which didn't attend. We do not have this week. Um tenative budget discussion. I assume that it's just there as a placeholder in case anyone had questions. We don't have a placeholder. And if you just want to remind people again about the public hearing, April 8th April Okay. And that the documents are available in the child and on our website what the clerk said. That I will make a motion to adjurnn. 8:4744. Okay. Yes. All right. Second. All in favor? All right. Good night everybody. Good night. Good night. Good night.