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Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY, held on Monday, November 13, 2023, in the Georgianna Grant Meeting Room at the Stanley Kellerhouse Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520. The following official was absent: Trustee Gallelli 1. CALL TO ORDER Mayor Pugh called the meeting to order at 7:00pm and led everyone in the Pledge of Allegiance. 2. APPROVAL OF VOUCHERS Trustee Horowitz made a motion to approve the following Fiscal Year Vouchers, claims numbered 23242730 through 23242932. The Motion was seconded by Trustee Simon and approved with a 4-0 Vote. $284,101.01 Water Fund $8,098.73 Sewer Fund $2,082.78 Capital Fund $58,147.73 3. PUBLIC HEARINGS: Public Hearing #1 A motion to open the Public Hearing to consider the application from Marco Ordonez, of M & J Auto Repair Corp, to renew the special permit to operate a motor vehicle repair garage at 485 S. Riverside Avenue and modify the special permit to include an existing 6’ x 12’ shed to store various equipment and supplies was made by Trustee Simon. Motion was seconded by Trustee Horowitz and approved with a 4-0 vote. Village Manager Healy explained that in 2020 the Planning Board recommended that the Village Board not issue a Special Permit, but as a Mayor Pugh Village Manager Bryan Healy Trustee Horowitz Village Treasurer Daniel Tucker Trustee Nicholson Associate Village Attorney Taryn Ramey Trustee Simon Assistant to the Village Manager Emily Mancini Village Board of Trustees November 13, 2023 . compromise, the Village Board issued the Special Permit on a renewal basis. Village Manager Healy stated that, as far as we know, there has not been any issues with the operation of the business, but a sign was put up that did not have an approval from the Engineering Department, and they are currently in the process of getting that approval, in addition, a small shed was installed on the grounds of the facility that did not have a Building Permit. Village Manager Healy advised that one of the conditions for the Board to consider is that the renewal be granted with the condition that they get an application to the Planning Board within sixty days for the shed. Trustee Simon stated that there are also separate issues with respect to the retaining wall which we know is the responsibility of the property owner and not the applicant, but we want to ensure that the owner of the property gets the message that it is time to take care of that retaining wall. Village Manager Healy stated that he understands the concerns regarding the retaining wall, but there is not much that the applicant can do. Trustee Nicholson stated that there was a very robust conversation at the Planning Board meeting regarding the retaining wall and the violations that the landlord has received and while we definitely want to support this business as per the Planning Board’s recommendations, the retaining wall is definitely something that needs to be looked at. Public Comments Scott Giordano, 11 Hastings Avenue, Croton on Hudson, stated that he has no issues or concerns with the applicant, but he lives directly above the retaining wall and has addressed issues with the Board over the last twenty- four years and not much has been done. Mr. Giordano stated that the property continues to receive violations and he is hoping that something will get done before the retaining wall collapses on the businesses below it. James Picciano, owner of Straddles Gymnastics, 425 S. Riverside Avenue, Croton on Hudson, stated that Straddles Gymnastics has been a part of Croton for thirty years and has serviced hundreds of children in the community. Mr. Picciano stated that in addition to the building being neglected, there are also safety issues. Mr. Picciano advised that in his letter to the Village Engineer dated February 16, 2021, he requested that the Village Board of Trustees November 13, 2023 . location of the entrance to the repair shop be moved because cars speed past Straddle’s access door creating a dangerous situation for parents and children, he also requested that the gate be locked and that diesel trucks not be allowed to idle. There being no further comments to come before the Board, a motion to close the Public Hearing was made by Trustee Simon. Motion was seconded by Trustee Horowitz and approved with a 4-0 vote. Board Comments: Trustee Simon stated that he agrees with the Planning Board’s approach that the eighteen months is the correct way to go, but that we make sure we have a solution in hand before we go forward. Trustee Nicholson stated that there is a real problem and concern with respect to the retaining wall and believes we should take a pause and get some feedback from our Engineer. Trustee Nicholson stated that since this is somewhat of a landlord/tenant dispute regarding the locking of the fence, she asked the Village Attorney how the Village Board can enforce this. Associate Village Attorney Ramey stated that the Village Board, as a condition of the Special Permit, can add those conditions to the Special Permit and if the Board would like they can adjourn from making a final decision until they receive feedback from the Village Engineer. Village Manager Healy stated that we will have to look at the original amended Site Plan because these conditions may have been included. Village Manager Healy advised that the Village Engineer, in advance of the Site Plain renewal, documented the condition of the retaining wall and has been in touch with the property owner. Village Manager Healy explained that the property owner has expressed some resistance to fixing the retaining wall and that is why in the Planning Board’s memo indicated that the Village Engineer will be issuing a violation to the property owner. There being no comments to come before the Board a motion to close the Public Hearing was made by Trustee Simon. Motion was seconded by Trustee Horowitz and approved with a 4-0 vote. November 13, 2023 . Public Hearing #2 A motion to open the Public Hearing to consider the adoption of Local Law Introductory No. 19 of 2023, to amend Section 230, Zoning, of the Village Code to update the definition of “Family” was made by Trustee Simon. Motion was seconded by Trustee Horowitz and approved with a 4-0 vote. Village Manager Healy explained that as part of our recent updates to our Zoning Code, the Village Board changed the definition of “Family” so that it would be compliant with recent court decisions. Village Manager Healy highlighted the following changes. #2 the group shares the entire dwelling unit as well as cooking facilities. #4 members of the household have the same address for purposes of voter registration, driver licenses, motor vehicle registration and filing of taxes. To view the Local Law in its entirety you may click on the following link: https://play.champds.com/ATT/crotononhudsonny/2023- 10/3e31a4788fa6fd3cb57a666820f71ac2893351e4.pdf There being no comments to come before the Board a motion to close the Public Hearing was made by Trustee Horowitz. Motion was seconded by Trustee Simon and approved with a 4-0 vote. Public Hearing #3 A motion to open the Public Hearing to consider Local Law No. 20 of 2023 to amend Chapter 204 of the Village Code, Taxation, to clarify which income tax year applied when determining income eligibility for the Senior Citizens Tax Exemption was made by Trustee Simon. Motion was seconded by Trustee Horowitz and approved with a 4-0 vote. Village Manager Healy explained that these changes were made at the State level for those applying for a Senior Tax Exemption. Village Manager Healy stated that the State determined that some applicants were having difficulty getting their paperwork together within that time period and this change will allow the municipality to go back two calendar years to determine eligibility. November 13, 2023 . There being no comments to come before the Board a motion to close the Public Hearing was made by Trustee Horowitz. Motion was seconded by Trustee Simon and approved with a 4-0 vote. Resolution #230 of 2023 On motion of TRUSTEE SIMON, seconded by TRUSTEE NICHOLSON, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a 4-0 vote. WHEREAS the 2023-2024 Enacted State Budget amended the tax law to clarify which income tax year applies when determining income eligibility for the senior citizens tax exemption, and WHEREAS the Village of Croton-on-Hudson must amend Chapter 204 of the Village Code, Taxation, to reflect the state’s amendment, and WHEREAS Local Law Introductory No. 20 of 2023 has been drafted for such purposes, and WHEREAS the Village Board held a public hearing to consider Local Law Introductory No. 20 of 2023, which was opened and closed on November 13, 2023, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby adopts Local Law Introductory No. 20 of 2023, amending Chapter 204 of the Village Code, Taxation, to clarify which income tax year applies when determining income eligibility for the senior citizens tax exemption, which upon adoption becomes Local Law No. 19 of 2023. 4. Review of the Environmental Assessment Form Part II and the Village’s Local Waterfront Revitalization Program policies by the Village Board to determine consistency related to the adoption of Local Law Introductory No. 19 of 2023, to update the definition of “Family”. Part II - Impact Assessment No, or small impact may occur Moderate to large impact may occur Village Board of Trustees November 13, 2023 . 1. Will the proposed action create a material conflict with an adopted land use plan or zoning Regulations? √ 2. Will the proposed action result in a change in the use or intensity of use of land? √ 3. Will the proposed action impair the character or quality of the existing community? √ 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? √ 5. 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? √ 6. 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? √ 7. Will the proposed action impact existing: √ √ 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? √ 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? √ 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? √ 11. Will the proposed action create a hazard to environmental resources or human health? √ Village Board Review of Consistency with the Local Waterfront Revitalization Program to Determine Consistency to determine consistency related to the adoption of Local Law Introductory No. 19 of 2023, to update the definition of “Family”. Village Manager Healy advised that the Waterfront Advisory Committee only found policy 1A applicable. WAC RESPONSE VILLAGE BOARD Policy DEVELOPMENT POLICIES Applicable Yes/No Consistent Yes/No Applicable Yes/No Consistent Yes/No Comments Restore, revitalize, and redevelop deteriorated and underutilized waterfront areas for commercial, industrial, cultural, recreational and other compatible uses No 1A Existing planning and zoning documents should be reviewed and amended where necessary to ensure development within the Yes Yes Yes Yes Board Concurred Village Board of Trustees November 13, 2023 . community is consistent with adopted goals and policies 1B Redevelop and revitalize Village owned land at the Metro North Train Station, including Village garage and bay area. Encourage integrated development of Village property to assure fulfillment of requirements relating to parking and accessory uses of Metro North Train Station, while facilitating public access to bay area and recreational use. No 1C Every effort should be made by the municipality to encourage the mutual cooperation and exchange of information between governmental agencies involved in clean-up of the Croton landfill and Metro- North lagoon in order to develop commercial use of resources found in the coastal area. No 1D Require restoration of deteriorating structures related to railroad use and assure appropriate maintenance and screening to reduce visual impact. No 1E Develop the old sewage treatment plant site at the intersection of Route 9A and Municipal Place. No Facilitate the siting of water dependent uses and facilities on or adjacent to coastal waters No 2A Expand restrictions on the use of power boats on the Hudson River and Croton River and Bay by further enforcing the parameters that regulate boat traffic such a speed, turbidity, safety, and mooring and sludge disposal. Such controls will further increase the compatibility of power boat use with other forms of recreation use within the coastal zone area. No The state coastal policy regarding the development of major ports is not applicable to Croton. No The state coastal policy regarding the strengthening of small harbors is not applicable to Croton. No Encourage the location of development in areas where public services and facilities essential to such development are adequate, except when such development has special functional requirements or other characteristics which necessitate its location in other coastal areas. No 5A When feasible, development within the Village should be directed within the current service area of existing water and sewer facilities or in close proximity to areas where No Village Board of Trustees November 13, 2023 . 5B The extension of water and sewer distribution lines beyond areas currently served should be undertaken cautiously and with prudent regard for Village water resources and the preservation of environmental values in undeveloped areas. No 5C Limit proposed development within those portions of the coastal zone boundary area, where traffic impacts such as site distance and carrying capacity of the roadways are restricted, particularly along Route 9A, Albany Post Road and Route 129. No Expedite permit procedures in order to facilitate the siting of development activities at suitable locations. No 6A To expedite permit procedures, the Village shall coordinate all relevant local laws into a development package for applicants and/or make all local laws available to applicants proposing development activities. No FISH & WILDLIFE POLICIES Significant coastal fish and wildlife habitats will be protected, preserved, and, where practical, restored so as to maintain their viability as habitats. No 7A The quality of the Croton River and Bay significant fish and wildlife habitat and Haverstraw Bay significant fish and wildlife habitat shall be protected and improved for conservation, economic, aesthetic, recreational, and other public uses and values. Its resources shall be protected from the threat of pollution, misuse, and mismanagement. No 7B Materials that can degrade water quality and degrade or destroy the ecological system of the Croton River and Bay significant fish and wildlife habitat and the Haverstraw Bay significant fish and wildlife habitat shall not be disposed of or allowed to drain in, or on land within, the area of influence in the significant fish and wildlife habitats. No 7C Storage of materials that can degrade water quality and degrade or destroy the ecological system of the Croton River and Bay significant fish and wildlife habitat or Haverstraw Bay significant fish and wildlife habitat shall not be permitted within the area of influence of the habitat unless best available technology is used to prevent adverse impacts to the habitat. No 7D Restoration of degraded ecological elements of the Croton River and Bay and Haverstraw Bay significant fish and wildlife habitats and No Village Board of Trustees November 13, 2023 . shore lands shall be included in any programs for cleanup of any adjacent toxic and hazardous waste sites. 7E Runoff from public and private parking lots and from storm sewer overflows shall be effectively channeled so as to prevent oil, grease, and other contaminants from polluting surface and ground water and impact the significant fish and wildlife habitats. No 7F Construction activity of any kind must not cause a measurable increase in erosion or flooding at the site of such activity, or impact other locations. Construction activity shall be timed so that spawning of anadromous fish species and shellfish will not be adversely affected. No 7G Such activities must not cause degradation of water quality or impact identified significant fish and wildlife habitats No Protect fish and wildlife resources in the coastal area from the introduction of hazardous wastes and other pollutants which bio-accumulate in the food chain or which cause significant sub lethal or lethal effect on those resources. No Expand recreational use of fish and wildlife resources in coastal areas by increasing access to existing resources, supplementing existing stocks, and developing new resources. Such efforts shall be made in a manner which ensures the protection of renewable fish and wildlife resources and considers other activities dependent on them. No 9A Ensure continued recreational use and public access to the rivers through Village- owned land adjacent to the Metro-North parking lot, at Croton Point Park and at Senasqua Park, along the Croton River, and at the Croton Yacht Club. Efforts should be made to encourage recreational use of the fish and wildlife resources found in these areas by increasing the opportunities for public access and enjoyment No 9B Encourage passive recreational enjoyment of the wildlife in the designated significant fish and wildlife habitats, on the Audubon Society Sanctuaries, on other public or private lands within the Village, where wildlife habitats are located. Encourage the recreational use of areas where such resources are found, as well as the protection of such resources. No Further develop commercial finfish, shellfish and crustacean resources in the coastal No Village Board of Trustees November 13, 2023 . area by encouraging the construction of new or improvement of existing on-shore commercial fishing facilities, increasing marketing of the state's seafood products, maintaining adequate stocks, and expanding aquaculture facilities. Such efforts shall be made in a manner which ensures the protection of renewable fish and wildlife resources and considers other activities dependent on them. Buildings and other structures will be sited in the coastal area so as to minimize damage to property and the endangering of human lives caused by flooding and erosion No 11A Erosion and sediment control measures shall be undertaken in order to safeguard persons, protect property, prevent damage to the environment, and promote the public welfare by guiding, regulating and controlling the design, construction, use and maintenance of any development or other activity which disturbs or breaks the topsoil or results in earth movement. No Activities or Development in the coastal area will be undertaken so as to minimize damage to natural resources and property from flooding and erosion by protecting natural protective features including beaches, dunes, barrier islands and bluffs. Primary dunes will be protected from all encroachments that could impair their natural protective capacity No 12A Every effort should be made to protect Croton Point, a natural protective barrier to Croton Bay from activities or development that would increase erosion of or flooding of the Point No The construction or reconstruction of erosion protection structures shall be undertaken only if they have a reasonable probability of controlling erosion for at least thirty years as demonstrated in design and construction standards and/or assured maintenance or replacement programs. No 13A Any bulkheads along the Hudson must be maintained in good condition and private landowners should be required to restore and maintain erosion control mechanisms along their river frontage which are designed for long term stability. No Activities and development, including the construction or reconstruction of erosion protection structures, shall be undertaken so No Village Board of Trustees November 13, 2023 . that there will be no measurable increase in erosion or flooding at the site of such activities or development, or at other locations. the natural coastal processes which supply beach materials to land adjacent to such waters and shall be undertaken in a manner which will not cause an increase in erosion of such land. No Public funds shall only be used for erosion protective structures where necessary to protect human life, and new development which requires a location within or adjacent to an erosion hazard area to be able to function, or existing development; and only where the public benefits outweigh the long term monetary and other costs including the potential for increasing erosion and adverse effects on natural protective features No 16A Public funds shall be appropriated for the yearly maintenance of Senasqua Park until such time that is determined that expenditure of funds outweighs the cost of acquiring, constructing and maintaining a similar public park on Croton's waterfront. No Whenever possible, use non-structural measures to minimize damage to natural resources and property from flooding and erosion. Such measures shall include: (i) the setback of buildings and structures; (ii) the planting of vegetation and the installation of sand fencing and draining; (iii) the reshaping of bluffs; and (iv) the flood-proofing of buildings or their elevation above the base flood level. No 17A Efforts to control erosion along the rivers and on the steep slopes rising from areas inland shall be of a non-structural nature, wherever possible, in consideration of the visual impact of structural measures. The retention or planting of vegetative covers will be preferred to structural measures. No To safeguard the vital economic, social and environmental interests of the state and of its citizens, proposed major actions in the coastal area must give full consideration to those interests, and to the safeguards which the state has established to protect valuable coastal resource areas. No PUBLIC ACCESS POLICIES Protect, maintain, and increase the level and types of access to public water-related recreation resources and facilities so that No Village Board of Trustees November 13, 2023 . these resources and facilities may be fully utilized in accordance with reasonably anticipated public recreation needs and the protection of historic and natural resources. In providing such access, priority will be given to public beaches, boating facilities, fishing areas and waterfront parks. 19A Encourage the linkage of open space along the Hudson and Croton Rivers in the form of a trail or walkway system. Such systems should be provided along undeveloped and underutilized land as well as along previously developed land. No 19B Increase physical access to areas that have specific value for their physical and visual access to the Hudson River or Croton River and Bay. No 19C Encourage the expansion of public transportation, when feasible, to areas within the coastal zone area where water dependent and water enhanced recreation activities are located. No 19D Increase access to Croton River and Bay at the Village-owned land south of the Village parking lots at the Croton-Harmon Station. No 19E Maintain the trail, which provides access to the Croton River waterfront, in its current undeveloped condition as a pedestrian walkway. No Access to the publicly owned foreshore and to lands immediately adjacent to the foreshore or the water's edge that are publicly owned shall be provided and it should be provided in a manner compatible with adjoining uses. Such lands shall be retained in public ownership. No Water dependent and water enhanced recreation will be encouraged and facilitated and will be given priority over non-water related uses along the coast, provided it is consistent with the preservation and enhancement of other coastal resources and take into account demand for such facilities. In facilitating such activities, priority shall be given to areas where access to the recreation opportunities of the coast can be provided by new or existing public transportation services and to those areas where the use of the shore is severely restricted by existing development. No 21A Boating activities should be encouraged provided that they do not restrict other recreational opportunities and are undertaken in a manner compatible with existing water- dependent uses. No Development when located adjacent to the No Village Board of Trustees November 13, 2023 . shore will provide for water-related recreation, as a multiple use, whenever such recreational use is appropriate in light reasonably anticipated demand for such activities and the primary purpose of the development Protect, enhance and restore structures, districts, in areas of sites that are of significance in the history, architecture, archaeology or culture of the state, its communities or the nation. No Prevent impairment of scenic resources of statewide significance as identified on the coastal area map. Impairment shall include: (i) the irreversible modification of geologic forms, the destruction or removal of vegetation, the destruction, or removal of structures, whenever the geologic forms, vegetation or structures are significant to the scenic quality of an identified resource; and (ii) the addition of structures which because of siting or scale will reduce identified views or which because of scale, form, or materials will diminish the scenic quality of an identified resource. No Protect, restore or enhance natural and man- made resources which are not identified as being of statewide significance, but which contribute to the overall scenic quality of the coastal area. No 25A Protect local scenic resources by preventing: (i) the irreversible modification of geologic forms, the destruction or removal of vegetation or wetlands, the destruction, or removal of structures, whenever the geologic forms, vegetation or structures are significant to the scenic quality of an identified resources; and (ii) the addition of structures which because of siting scale will reduce identified views or which because of scale, form, or materials will diminish the scenic quality of an identified resource. No 25B Secure the designation of the panoramic views from Croton Point as a scenic area of statewide significance. No 25C Secure the designation of Routes 9 and 129 within the Croton boundaries as a scenic road. Ensure developments on or adjacent to Route 9 do not impair scenic resources or views of or from the Hudson and Croton Rivers No 25D Establish and protect identified view-sheds No Village Board of Trustees November 13, 2023 . which provide visual access to the Hudson River, including but not limited to the views of the Hudson River from the western shoreline of the Village, and from Prickly Pear Hill, Lounsbury Hill, and River Landing. In addition, protect view-sheds to and of the Croton River and Gorge. The state coastal policy regarding the protection of agricultural lands is not applicable to Croton No ENERGY AND ICE MANAGEMENT POLICIES Decisions on the siting and construction of major energy facilities in the coastal area will be based on public energy needs, compatibility of such facilities with the environment, and the facility's need for a shorefront location. No Ice management practices shall not damage significant fish and wildlife and their habitats, increase shoreline erosion or flooding, or interfere with the production of hydroelectric power. No 28A Ice management practices must consider short and long-term impacts on the Croton River and Bay and Haverstraw Bay significant fish and wildlife habitats. No The state coastal policy regarding the development of energy resources is not applicable to Croton. No WATER AND AIR RESOURCES POLICIES Municipal, industrial, and commercial discharge of pollutants, including but not limited to, toxic and hazardous substances, into coastal waters will conform to state and national water quality standards. No 30A Existing rail services and transportation- related facilities shall not dispose any materials in coastal waters until such materials have been tested by the state for conformance with water quality standards. No 30B Storage and disposal of all materials shall be monitored by the state to assure there will be no discharge or leaching of materials into coastal waters. No State coastal area policies and purposes of approved local waterfront revitalization programs will be considered while reviewing coastal water classifications and while modifying water quality standards; however, those waters already over-burdened with contaminants will be recognized as being a development constraint. No 31A Clean water is desired and NYSDEC should continually monitor water quality in the No Village Board of Trustees November 13, 2023 . Hudson River and Croton Bay which have already been overburdened with pollutants. Recommendations for mitigation and upgrading water quality classifications cannot be determined without continual monitoring and testing of the waters. communities where the costs of conventional facilities are unreasonably high, given the size of the existing tax base of these communities No Best Management Practices will be used to ensure the control of storm water runoff and combined sewer overflows draining into coastal waters. No 33A Encourage new developments to retain storm water runoff on site so as to not increase flows within the existing system or to improve existing storm water runoff systems to that runoff from such developments does not adversely impact coastal waters No 33B Improve existing Village storm water discharge to control flow of pollutants from street and parking areas, etc. directly in the rivers. No Discharge of waste into coastal waters from vessels will be limited so as to protect significant fish and wildlife habitats, recreational areas and water supply areas. No 34A There shall be no discharge from moored structures or marine vessels, due to shape of cove and lack of tidal flushing. No Dredging and dredge spoil disposal in coastal waters will be undertaken in a manner that meets existing state dredging permit requirements, and protects significant fish and wildlife habitats, scenic resources, natural protective features, important agricultural lands, and wetlands. No Activities related to the shipment and storage of petroleum and other hazardous materials will be conducted in a manner that will prevent or at lease minimize spills into coastal waters; all practicable efforts will be undertaken to expedite the cleanup of such discharges; and restitution for damages will be required when these spills occur. No Best Management Practices will be utilized to minimize the non-point discharge of excess nutrients, organics and eroded soils into coastal waters. No 37A Standards and specifications for the control of non-point source discharge as set forth in No Village Board of Trustees November 13, 2023 . Westchester County's Best Management Practice Manual or other recognized reference shall be utilized during development of any site. 37B Control of the development of hilltops, and steep slopes should be exerted in order to prevent erosion and minimize runoff and flooding from new construction. No The quality and quantity of surface water and ground water supplies will be conserved and protected, particularly where such waters constitute the primary or sole source of water supply. No The transport, storage, treatment and disposal of solid wastes, particularly hazardous wastes, within coastal areas will be conducted in such a manner so as to protect groundwater and surface water supplies, significant fish and wildlife habitats, recreation areas, important agricultural lands and scenic resources. No 39A Require transporters, producers and storers of hazardous material to inform the public or allow public access to records involving the transport, storage, treatment and disposal of hazardous materials. This is of particular concern with respect to rail transport of such materials, storage of identified materials on railroad property and uses in the waterfront area involved in the treatment, storage and disposal of such materials. No 39B In accordance with Title III, Section 302, Emergency Planning and Community Right- to- Know of the 1986 Superfund Reauthorization Act, the local emergency planning committee and the Croton Fire Department shall be notified if hazardous substances exceed the established threshold planning quantity No Effluent discharged from major steam electric generating and industrial facilities into coastal waters will not be unduly injurious to fish and wildlife and shall conform to state water quality standards. No Land use or development in the coastal area will not cause national or state air quality standards to be violated No 41A A NYSDEC point-source air monitoring station should be established within the Village of Croton-on-Hudson. No Coastal management policies will be considered if the state reclassifies land areas pursuant to the prevention of significant deterioration regulations of the Federal Clean Air Act. No Village Board of Trustees November 13, 2023 . Land use or development in the coastal area must not cause the generation of significant amounts of the acid rain precursors: nitrates and sulfates. No 43A Encourage the use of shuttle bus service to the train station, thereby decreasing dependency on the automobile use and reduce the generation of acid rain precursors No 43B Encourage the use of low sulphur fossil fuels for rail vehicles and encourage the development of a monitoring program to assess rail vehicle engines emissions No Preserve and protect tidal and freshwater wetlands and preserve the benefits derived from these areas. No 44A Wetlands, water bodies and watercourses shall be protected by preventing damage from erosion or siltation, minimizing disturbance, preserving natural habitats and protecting against flood and pollution. No 5. Presentation by Joe Ross of Televate Regarding Changes to the Telecommunications Chapter of the Village Code. To view the entire power point presentation, you may log onto the following: https://play.champds.com/ATT/crotononhudsonny/2023- 11/ef47c31219100cb4723074e81662b12e4ceecdb4.pdf To hear the entire presentation, you may log onto the following: https://play.champds.com/crotononhudsonny/event/903 (00.44.54) Trustee Simon asked if Televate recommends that we update our Code before we receive future applications, does Televate have any recommendations of codes from other communities, does he think T- Mobile’s tower would be large enough to accommodate three carries, and does he recommend small cell technology. Mr. Ross stated that if Croton received an application today, it would be subject to the current law and supported updating the Code as soon as possible, he has not seen neighboring codes, but they have looked at the code provided by the Village attorney which appears to be much more comprehensive, they are hoping that this region would use more small cell technology, but after a brief discussion with Verizon, they did not seem very positive about small cell technology in high dense areas. Mr. Ross stated Village Board of Trustees November 13, 2023 . that it would be up to T-Mobile to make those decisions as to what are the best ways to service Croton. Associate Village Attorney Ramey stated that it is important to update the code so that the Village has control over the process. Trustee Nicholson stated that we currently have one developer that has approached Croton, their business model is that they would build the tower and then they would lease the tower to various carriers and asked if that is typical for a developer to do. Trustee Nicholson stated that she is surprised that communities cannot regulate emissions and asked for a clarification of the safety of 5G and if there is a guarantee that coverage will be improved if T-Mobile puts up another tower. Associate Village Attorney Ramey stated that a municipality cannot directly regulate emissions, but it can put in the code that the applicant is required to provide proof of compliance with Federal standards, but a community cannot regulate those standards. Mr. Ross stated that there is no difference between 5G and 4G from a health perspective, it is about the amount of power and frequency that is being transmitted. Mr. Ross stated that, based on what T-Mobile has proposed, the service would dramatically improve. Village Manager Healy stated that the tower at the train station is the scenario where a developer came in, leased the property from the Village, and is subletting to other carriers, in the situation on the Municipal Building, the carrier directly approached the Village and asked to install their tower, he does not believe a tower developer would approach the Village unless they know other carriers will come. Mayor Pugh asked if the Village has any towers on private property, and from a regional perspective, are more towers erected on private as opposed to public property. Village Manager Healy stated that both towers in Croton are on public property. Mr. Ross stated that generally towers are on private property and highlighted a few in the area. November 13, 2023 . Trustee Horowitz asked if any of the carriers have good service in the Village. Village Manager Healy stated that every carrier has some areas where the service could be considered good, but there is no carrier currently that is good throughout the Village. 6. RESPONSES TO QUESTIONS SUBMITTED BY EMAIL: none 7. CORRESPONDENCE: a. Statement of Antisemitism from Members of the Croton Clergy https://play.champds.com/ATT/crotononhudsonny/2023- 11/5044261b6a6e3fb44147f2dc7ac2ac5d48dc2350.pdf On motion by Trustee Horowitz and seconded by Trustee Simon the Board of Trustees of the Village of Croton on Hudson agreed to add the Village of Croton to the joint statement. Motion was approved with a 4-0 vote. Statement of Antisemitism Everyone in Croton has the right to attend their chosen places of worship in freedom and safety. We are sad and angry to say that since the summer, many Jewish communities in the area have experienced harassment and bigotry. The Croton clergy and Village Board have been in conversation with Rabbi Jaech and Temple Israel of Northern Westchester to ensure they can worship safely. Religious harassment is against the right of religious freedom enshrined in our laws and constitution. This bigotry and harassment is heinous and wrong. In the face of this heinous harassment, Rabbi Jaech’s message has been consistent - let there be peace, continue to promote love, and do not lose your humanity. We wish all could live these words, but there are some who hold anger and want violence, especially against our Jewish siblings. We, members of the Village Trustees and clergy of the Episcopal, Lutheran, Methodist Churches and Unitarian Universalist Congregation in Croton, side with and support our Jewish siblings at Temple Israel of Northern Westchester and Rabbi Jaech in the face of this harassment. We unequivocally Village Board of Trustees November 13, 2023 . denounce the alarming rise in hate crimes- anti-Jewish, anti-Muslim, and harassment against individual believers, private businesses, and houses of faith - which have been increasing across New York State. This harassment against Jewish and Muslim communities has increased disturbingly over the last several years, and most particularly and viciously since the War in Israel and Gaza began on October 7th. In response to the rapid spike in hate crimes, honoring our varied religious and civic roles, we strongly affirm a vision of New York and Croton with safety, freedom and opportunity for all. We pledge to do our part to work for such an inclusive community. We condemn any hatred that leads to Anti-Semitism or Islamophobia and call on our neighbors to speak up in support of our Muslim and Jewish neighbors here in Croton. This is a time of support. We ask that if you hear someone making threats against area synagogues, rabbis, or the Jewish community to take it seriously and confront it and or report it. We ask that if you hear someone making threats against area mosques, imams, or the Muslim community to take it seriously and confront it and or report it. We can work in community and solidarity for a safe, inclusive Croton, together. Honoring the best in our civic life, Croton can and should be a place where all can come and feel free, be who they are, and worship in peace. In this time of increasing hate crimes, we are committed to working for a Croton of freedom, safety and justice. Rev. Dr. Justin Johnson, Our Saviour Lutheran Church The Rev. Jennifer M. Owen, Rector, St. Augustine’s Episcopal Church Rev. Daniel Lawlor, Unitarian Universalist Congregation of Hudson Valley Rev. Bette Sohm, Asbury United Methodist Church Mayor and Board of Trustees, Village of Croton on Hudson b. Memo from Village Manager Bryan Healy dated November 9, 2023, to the Board of Trustees regarding the property at 1 Half Moon Bay Drive. November 13, 2023 . https://play.champds.com/ATT/crotononhudsonny/2023- 11/17d9701315bd51ede5cc269d661c3bb7a63c60bf.pdf c. Email from the New York State Office of Cannabis Management dated November 6, 2023, approving the Village’s request for a one-time 30-day extension to provide a municipality’s opinion on the notification for a dispensary to be located at 440 South Riverside Avenue. The new deadline is December 3, 2023, and as part of the backup, the application has submitted a traffic survey. Letter from NYS Office of Cannabis Management: https://play.champds.com/ATT/crotononhudsonny/2023- 11/05c3b7c4b45c347ae98ab61b89d5faa94f7db76f.pdf Attorney gave an overview of the traffic study. https://play.champds.com/ATT/crotononhudsonny/2023- 11/6d06122520ae08e4f4e58e025267217e2bec2f5d.pdf Trustee Nicholson asked for a clarification of the location of the dispensary, would they be willing to share their application once it has been filed and asked about their security plan and would it include an armed guard. Mr. Schriever advised that the space they are considering is where the laundromat facility was located, once the application is filed, they will share whatever the applicant is allowed to share, with respect to security, they will have to comply with all the requirements listed in Section 123.1 of the Cannabis Board Regulations. https://harris- sliwoski.com/cannalawblog/new-yorks-cannabis-retail-dispensary- regulations-part-2-security-and-surveillance/, while it is not required to have an armed guard, if it is the Village’s preference, it is something they can discuss with the Planning Board. Trustee Simon asked if showcase locations would become permanent, is there a standard duration for a showcase, and asked if hours of operation are subject to our Zoning Codes. Mr. Schriever stated that the State’s plan is to carry on with the showcase model to alleviate some of the concerns that were addressed with respect to not having locations in surrounding Village Board of Trustees November 13, 2023 . communities, the rules of a showcase are very flexible, and it could be a one-time event, the Village cannot limit a dispensary to less than seventy hours per week and the hours will be discussed at the Planning Board level. Village Manager Healy explained that because the dispensary is located in a C2 District outside the Gateway Area, retail stores require a Special Permit to be issued by the Village Board, and the applicant would then go through the Special Permit process. To hear the full discussion, you may log onto the Village’s website. https://play.champds.com/crotononhudsonny/event/903 (01.41.20). d. Letter from Cory D. Randolph, Deputy Director of Grant Operations at the U.S. Department of Justice, regarding the Village’s request for funding under the 2023 COPS Hiring Program. https://play.champds.com/ATT/crotononhudsonny/2023- 11/22b7d5872adcaf0fb13213491cdbabaf331db2fc.pdf Trustee Simon stated that the Village will be going over the application with Mr. Randoph, it is quite possible that Croton’s low crime rate kept us from getting this grant, given the limited amount of funding, it may have gone to areas with higher crime rates. e. Email from John Munson, President/Secretary of the Croton Fire Council, regarding membership changes in the Croton Fire Department. 8. PUBLIC COMMENTS ON AGENDA ITEMS: Ed Riely, 110 Truesdale Drive, Croton on Hudson, stated that the Statement of Antisemitism should have come out sooner, the Village should never have approved Cannabis dispensaries in Croton, the Shoprite shopping center is a terrible location in terms of traffic, and is concerned that people will be smoking in the parking lot, and objected to kids getting $15.00 per hour. Signe Bergstrom, 228 Hessian Hills Road, Croton on Hudson, stated that she was happy to hear during Televate’s presentation the importance of protecting our community and updating our code, there is a tremendous Village Board of Trustees November 13, 2023 . amount of information out there, but the goal is to protect the residents, as well as improving our coverage. Petra, Half Moon Bay, Croton on Hudson, addressed her concerns regarding radiation that comes from cellular towers and stressed that 5G is not safe and asked the Board to look at this critically. Tony Granger, Half Moon Bay, Croton on Hudson, stated that he believes that 5G is a silent killer and is the tobacco and asbestos of our day and believes we are being railroaded, this is a health issue and needs to be research and referred everyone to presentation by “Generation Zapped”. Mr. Granger asked the Board to oppose any attempt to convert the 1 Half Moon Bay property into a residential/multi-unit housing development. Renee Curci, 233 Hessian Hills, Croton on Hudson, stated that she lives about three hundred feet from where one of the towers are being considered, she agrees with the safety issues, and noted that Mr. Ross very often in his talk, mentioned how beautiful our Village is, and it is important to keep that in mind when considering putting a tower within that range of residents, there are so many other concerns other than just visual and was happy to hear that the Village will look into working with a firm that specializes in this field. WRITTEN COMMENTS: Email from Jessica Seikovksy dated November 12, 2023, stating that she believes the marijuana dispensary would be a great addition to the community. Email from Jesse Mainiero, dated November 13, 2023, stated that a Cannabis store is a perfect addition to our community, it will not only increase tax revenue but will promote our town’s personality and uniqueness. 9. On motion by Trustee Simon and seconded by Trustee Nicholson the Board of Trustees approved entering into an Executive Session for the purpose of discussing a personnel matter involving a particular person. Motion was approved with a 4-0 vote. (9:35pn) November 13, 2023 . On motion by Trustee Simon and seconded by Trustee Nicholson the Board of Trustees approved returning to their Regular Session. Motion was approved with a 4-0 vote. (9:47pm) The following resolution was adopted following the Executive Session. Resolution #229-2023 – Special Permit for M & J Repair Auto Repair On motion of TRUSTEE SIMON, seconded by TRUSTEE HOROWITZ, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a 4-0 vote: WHEREAS the special permit for M & J Auto Repair Corp. to operate a motor vehicle repair garage at 485 S. Riverside Avenue is set to expire on November 15, 2023, and WHEREAS the Village Board wishes to further investigate the concerns raised at the public hearing for the special permit renewal held on November 13, 2023, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby extends the special permit issued on November 16, 2020, for a period of 30 days, and BE IT FURTHER RESOLVED that the new expiration date for the special permit shall be December 15, 2023. 10. RESOLUTIONS: Resolution #231 of 2023 On motion of TRUSTEE SIMON, seconded by TRUSTEE HOROWITZ, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a 4-0 vote. WHEREAS, Chapter 197-15 of the Village Code, Snow and Ice on Sidewalks, provides for the property owner or lessee to keep the adjoining sidewalk free from snow and ice, subject to certain parameters specified in the law; and WHEREAS, Chapter 197-15, subsection D, provides for the Village to cause the snow and ice to be removed from the sidewalk if not done by the homeowner within the prescribed 12-hour period; and WHEREAS, Chapter 197-15, subsection E, provides for the Village to charge the property owner for the cost of the removal of the snow and ice; and Village Board of Trustees November 13, 2023 . WHEREAS, last year, the Village contracted with La Teja Contractors & Landscaping, Inc. to perform this work; and WHEREAS, La Teja has presented the following rates for snow removal services for the 2023-2024 winter season: $85/hour for snow shoveling, $100/hour for snow blowing, $165/hour for using a skid steer, and $50/bag for use of calcium chloride, NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to enter into a contract with La Teja Contractors & Landscaping, Inc. for snow removal services for the 2023-2024 winter season. Resolution #232 of 2023 On motion of TRUSTEE SIMON, seconded by TRUSTEE NICHOLSON, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a 4-0 vote. NOW THEREFORE BE IT RESOLVED: that upon the recommendation of the Village Manager, the Board of Trustees hereby approves a Stipulation of Agreement dated November 2, 2023, between the Village of Croton-on-Hudson and Local 456, International Brotherhood of Teamsters. Resolution #233 of 2023 On motion of TRUSTEE SIMON, seconded by TRUSTEE HOROWITZ, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a 4-0 vote. WHEREAS the Village’s Emergency Medical Services (EMS) Department provides basic life support (BLS) ambulance service, but does not offer advanced life support ambulance service (ALS), and WHEREAS the Ossining Volunteer Ambulance Corps (OVAC) has been providing ALS service to the Village of Croton-on-Hudson since 1996, and WHEREAS the Village of Croton-on-Hudson, the Village of Briarcliff Manor, and OVAC have entered into an agreement to form a Tri-Community FLYCAR system operating as OVAC ALSFR (Advanced Life Support First Response) dated May 2020, and Village Board of Trustees November 13, 2023 . WHEREAS the Villages of Briarcliff Manor and Croton-on-Hudson and OVAC previously agreed that each municipality would begin a six-month pilot program for ALS/BLS bundle billing effective June 1, 2023, and WHEREAS as additional data is needed, an Addendum has been proposed to this agreement to extend the pilot an additional six (6) months starting from December 1, 2023, NOW THEREFORE BE IT RESOLVED the Board of Trustees hereby approves the FLYCAR Agreement Addendum and authorizes the Village Manager to execute the Agreement Addendum and any other documentation as may be required to facilitate the availability of this service in the Village of Croton-on-Hudson, and BE IT FURTHER RESOLVED: that the Village Treasurer is hereby authorized to transfer $18,736 from Contingency Account A1990.4000 to the following account: A4540.4020. – Ambulance – Fly Car/Paid EMT: $18,736 Resolution 234 of 2023 On motion of TRUSTEE SIMON seconded by TRUSTEE HOROWITZ, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a 4-0 vote. WHEREAS the Village of Croton-on-Hudson is legally required to follow the federally mandated minimum wage for its employees which is currently set at $7.25 per hour, and WHEREAS New York State has adopted a minimum wage rate schedule for various parts of the state, and WHEREAS although the Village is exempt from these schedules, it recognizes the need to set a higher minimum rate standard than the federal guidelines, and WHEREAS the state minimum wage is scheduled to increase on January 1, 2024, to $16 per hour for New York City and the counties of Nassau, Suffolk and Westchester, and to $15 per hour for the rest of the state, and WHEREAS the Village Board of Trustees has decided that it would follow the schedule set for the remainder of New York State, and Village Board of Trustees November 13, 2023 . WHEREAS this minimum wage policy as adopted would apply to all seasonal part-time employees of the Village, including, but not limited to, camp counselors, lifeguards, gate attendants and laborers, NOW THEREFORE BE IT RESOLVED that the Village Manager is authorized to implement a minimum wage of $15 per hour as of January 1, 2024, for all seasonal part-time employees of the Village. Resolution 235 of 2023 On motion of TRUSTEE SIMON, seconded by TRUSTEE HOROWITZ, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a 4-0 vote. WHEREAS Section 2019-a of the Uniform Justice Court Act requires that Village Justices annually provide their court records and dockets to be audited, and WHEREAS O’Connor Davies, LLP, of Harrison, New York, conducted an independent audit of the Justice Court of the Village of Croton-on-Hudson for the fiscal year ending May 31, 2023, and WHEREAS the Village Board of Trustees has received a copy of the audit report, NOW THEREFORE BE IT RESOLVED that in accordance with Section 2019-a of the Uniform Justice Court Act, the Village Board of Trustees acknowledges that the required audit was conducted, and BE IT FURTHER RESOLVED that the Village Clerk is hereby authorized to forward a copy of the annual report and a copy of this resolution to the New York State Office of Court Administration. Resolution 236 of 2023 On motion of TRUSTEE SIMON seconded by TRUSTEE HOROWITZ, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a 4-0 vote. WHEREAS the Village has settled a Small Claim Assessment Review (SCAR) case resulting from Grievance Day, and Village Board of Trustees November 13, 2023 . WHEREAS the attached memo provided by the Village Assessor states that two properties have been granted an assessment reduction and should receive a tax refund providing their taxes are paid in full, and WHEREAS one such property is located at 11 Newton Court, known as 67.10-2-4.27 on the Village Tax Maps, and WHEREAS the tax refund was calculated using the current tax rate of $278.435 per $1,000 of assessed value, and WHEREAS the total amount to be refunded for the property is $363.76, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees authorizes the Village Treasurer to issue a tax refund to the property owner as outlined in the attached memo from the Village Assessor. Resolution 237 of 2023 On motion of TRUSTEE SIMON, seconded by TRUSTEE HOROWITZ, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a 4-0 vote. WHEREAS the Village has settled a Small Claim Assessment Review (SCAR) case resulting from Grievance Day, and WHEREAS the attached memo provided by the Village Assessor states that two properties have been granted an assessment reduction and should receive a tax refund providing their taxes are paid in full, and WHEREAS one such property is located at 34 Lounsbury Road, known as 67.20-2-38 on the Village Tax Maps, and WHEREAS the tax refund was calculated using the current tax rate of $278.435 per $1,000 of assessed value, and WHEREAS the total amount to be refunded for the property is $533.76, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees authorizes the Village Treasurer to issue a tax refund to the property owner as outlined in the attached memo from the Village Assessor. 11. PUBLIC COMMENTS ON NON-AGENDA ITEMS Village Board of Trustees November 13, 2023 . Ed Riely, 110 Truesdale Drive, Croton on Hudson, stated that he opposes the one- party system, concerned about the high rate of crime throughout the country, expressed his concern over the disappearance of thousands of children who came through our border illegally, objects to the ICLEI (International Council for Local Environmental Initiatives) policies and the Village’s membership in that organization, and does not want to see transit housing on every available property in Croton. Petra, Half Moon Bay, Croton on Hudson, stated that ICLEI was created as a non- governmental spin-off by the United Nations in 1990 which was intended to influence and change local government policies related to environmental issues. Doug Simmons, 1 Finney Farm Road, Croton on Hudson, stated that he would like to generate some enthusiasm for the creation of a public pocket park at the Katz Development and while he has seen some plans that show an area with benches and plantings he has not heard much about the plans and would like to see something in that space for the community. 12. APPROVAL OF MINUTES: Motion to approve the minutes as amended of the Regular Meeting held on October 30, 2023, was made by Trustee Simon. The motion was seconded by Trustee Horowitz and approved with a 4-0 vote. 13.REPORTS Trustee Nicholson advised that the Arts and Humanities Committee put together an incredible afternoon of Jazz and thanked Trustee Horowitz for all her efforts in putting together a wonderful afternoon, the Croton All Business Meeting was held this morning and commended Trustee Simon for working very diligently in getting our business community together. Trustee Simon stated that twenty-eight businesses attended the Croton All Business Meeting this morning where they spent a lot of time working on marketing strategies, on October 31st he attended a Housing Summit that was moderated by Pace University and organized by Assemblywoman Dana Levenberg and Assemblyman Chris Burdick, he sat in on a Webinar that River Keeper and Congressman Pat Ryan organized regarding changes to the Hudson River Anchor rules, participated in our Veterans activities at the Yacht Club and our ceremony at Veterans Corners, the Planning Board and Waterfront Advisory Committee met and Village Board of Trustees November 13, 2023 . are assisting the Board with our ADU recommendations, met with our Grant writers regarding putting together a grant for sidewalks, Thursday evening he attended the Westchester Municipal Officials Association meeting where the Westchester County Human Resources Commissioner spoke on rules and regulations for employment and congratulated Mayor Pugh and Trustee Nicholson on their re- election and welcomed new Trustee Cara Politi. Trustee Horowitz advised that the Diversity and Inclusion Commission are working on a new Mission Statement which will include advising and assisting the Village in implementing its recently adopted statement, the Food Scrap Composting Program is now open to the general public, the Conservation Advisory Council continues to make progress on its Repair Café, first event will be held on December 9th in the Community Room, for more information you may log onto the following:https://www.crotononhudson-ny.gov/conservation-advisory- council/events/70986, the Jazz concert was a huge success and thanked everyone for all their help in putting this together, encouraged everyone to see the High School performance of Mama Mia, and the Croton Library is hosting a Bake and Book sale on Saturday from 10am-3pm. Mayor Pugh congratulated Trustee Nicholson on her election and also welcomed new Trustee Cara Politi. Mayor Pugh also thanked the community for supporting the LOSAP program for our volunteer firefighters, thanked the Croton Yacht Club for hosting the luncheon for our Veterans and the Town of Cortlandt for organizing the Veterans program this year, on Friday, November 17th a covid 19 clinic will be held at the municipal building, and a Blood Drive will be held next Saturday. There being no further business to come before the Board a motion to close the meeting was made by Trustee Nicholson. The motion was seconded by Trustee Simon and approved with a 4-0 vote. The meeting was adjourned at 10:30pm. _______________________ Paula DiSanto, Village Clerk