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minutes 31 pages

Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY, held on Wednesday, December 20, 2023, in the Georgianna Grant Meeting Room at the Stanley Kellerhouse Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520. 1. Mayor Pugh called the meeting to order at 7:06pm and led everyone in the pledge of allegiance. Trustee Simon made a motion to approve the following Fiscal Year Vouchers, claims numbered 23243137 through 23243271. The Motion was seconded by Trustee Nicholson and approved with a 5-0 Vote. $169,897.70 Water Fund $17,279.88 Sewer Fund $3,966.04 Capital Fund $400,015.97 3. PRESENTATION/VILLAGE AUDIT: By Alan Kassay of PKF O’Connor Davies. https://play.champds.com/ATT/crotononhudsonny/2023- 12/ad7e2b2b2f89272db441263f0821c033d6b74e2a.pdf 4. PUBLIC HEARING: A motion was made by Trustee Murtaugh and seconded by Trustee Simon to open a Public Hearing on Local Law Introductory No. 21 of 2023, to amend Chapter 230, Zoning, of the Village Code to update regulations related to accessory apartments and permit accessory cottages in residential districts. Motion was approved with a 5-0 vote. Village Manager Healy explained that the proposed law will now include provisions for detached cottages, reducing the habitable area and the elimination, on a case-by-case basis by the Planning Board, of parking requirements, the law also limits the number of permits to fifty which is inclusive of accessory apartments that already exist. December 20, 2023 . Trustee Murtaugh stated that this is also a way to capture accessory apartments that are currently in operation but have not been approved. Village Manager Healy stressed that the goal is to make sure that those illegal accessary apartments are safe, once this legislation is passed, the Village would grant an amnesty period and not charge penalties for those who come forward to legalize their current accessory apartment. Mayor Pugh stated that this came out of the work of our Housing Task Force that was convened in 2019 in response to Westchester County’s Housing Needs Assessment and an accessory dwelling unit law was one of the recommendations. Steven Krisky, 49 Sunset Drive, Croton on Hudson, stated that he believes the Planning Board had recommended a six-month minimum lease so that we address Airbnb’s so as not to see a revolving door of tenants. Mayor Pugh stated that they are aware of the Planning Board’s recommendation and the consensus of the Board was that we should have a comprehensive short-term rental law that covers all rental properties and not just accessory dwelling units. Ethan Lewis, 38 Glengary Lane, Croton on Hudson, stated that he is in full support of the proposed Local Law and believes that this change is a positive step forward for our community and directed everyone to the Village’s website to view drawings on how this could look. https://play.champds.com/ATT/crotononhudsonny/2023- 11/566299754b3691ab833766f3b84636bb9689d2b9.pdf Julie Evans, 100 Benedict Blvd, on Hudson, stated that she believes the language in the law was thoughtfully crafted, and in general she is in favor of it, but does not know how the number fifty was determined. Ms. Evans stated that she took an inventory of neighborhoods in the RA5 and RA9 Districts and there are very few compliant accessory buildings, most of our neighborhoods were built before the Zoning Code of 1930 and most of the garages are almost at the backyard lot lines and/or close to the sideline. Village Attorney Whitehead stated that if a structure is already at that location, it would be allowed to be used as an accessory cottage as long as it Village Board of Trustees December 20, 2023 . meets the minimum size, but new structures would have to have the ten- foot setback. Steven Krisky, 49 Sunset Drive, Croton on Hudson, suggested incorporating short-term leases into this legislation since he expects it could take a while to get this legislation on the books. Mayor Pugh stated that he does not believe it will take a long time to develop a short-term rental law and does not recommend anyone building an accessory structure with the intention of having it being a short-term rental operation especially since the Board has expressed their intent to put a short-term rental law in place. There being no further comments to come before the Board, a motion to close the Public Hearing was made by Trustee Simon and seconded by Trustee Nicholson. Motion was approved with a 5-0 vote. 5. REVIEW OF THE ENVIRONMENTAL ASSESSMENT FORM PART II AND THE VILLAGE’S WATERFRONT REVITALIZATION PROGRAM POLICIES BY THE VILLAGE BOARD TO DETERMINE CONSISTENCY RELATED TO THE ADOPTION OF LOCAL LAW INTRODUCTORY NO. 21 OF 2023. Short Environmental Assessment Form Part II No, or small impact may occur Moderate to large impact may occur 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? √ Village Board of Trustees December 20, 2023 . √ √ 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. 21 of 2023. 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 community is consistent with adopted goals and policies Yes Yes Yes Yes Board Concurred 1B Redevelop and revitalize Village owned land at the Metro North Train Station, including Village garage and bay area. 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 No Village Board of Trustees December 20, 2023 . assure appropriate maintenance and screening to reduce visual impact. 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. Yes Yes Yes Yes Board Concurred 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 distribution lines currently exist. Yes Yes Yes Yes Board Concurred 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 No Village Board of Trustees December 20, 2023 . Road and Route 129. 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 shore lands shall be included in any programs for cleanup of any adjacent toxic and hazardous waste sites. No 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 No Village Board of Trustees December 20, 2023 . ground water and impact the significant fish and wildlife habitats. 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 area by encouraging the construction of new or improvement of existing onshore commercial fishing facilities, increasing marketing of the No Village Board of Trustees December 20, 2023 . 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 No Village Board of Trustees December 20, 2023 . the construction or reconstruction of erosion protection structures, shall be undertaken so that there will be no measurable increase in erosion or flooding at the site of such activities or development, or at other locations. Mining, excavation or dredging in coastal waters shall not significantly interfere with 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 No Village Board of Trustees December 20, 2023 . 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. related recreation resources and facilities so that 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. No 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 takes into No Village Board of Trustees December 20, 2023 . 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. 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 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 No 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 No Village Board of Trustees December 20, 2023 . 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. 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 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. No 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 No Village Board of Trustees December 20, 2023 . limited to, toxic and hazardous substances, into coastal waters will conform to state and national water quality standards. 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 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. No Encourage the use of alternative or innovative sanitary waste systems in small 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. No Village Board of Trustees December 20, 2023 . directly in the rivers. 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 Westchester County's Best Management Practice Manual or other recognized reference shall be utilized during development of any site. No 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 No Village Board of Trustees December 20, 2023 . 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 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 No Village Board of Trustees December 20, 2023 . watercourses shall be protected by preventing damage from erosion or siltation, minimizing disturbance, preserving natural habitats and protecting against flood and pollution. 6. RESPONSE TO QUESTIONS SUBMITTED BY EMAIL: None 7. CORRESPONDENCE: a. Request from the Conservation Advisory Council to include language requiring compliance with the current gas-powered leaf blower regulation in the next contract for landscaping services in the Village. https://play.champds.com/ATT/crotononhudsonny/2023- 12/efce5778f10b7a58823bd6efd1663c86fdcffab5.pdf Village Manager Healy explained that there are certain areas in the Village where they still need to have access to gas powered blowers since the alternative technology has not been developed yet to manage those larger areas, but it is certainly something that we can discuss down the line for future bids. Village Attorney Whitehead stated that if the Village were to go in that direction, bids specifications would have to reflect these requirements. b. Letter from Friends of a Clean Hudson Coalition requesting the Village to sign on to a letter to the EPA regarding the third five-year review (FYR) report for the Hudson River PCB’s Superfund Site. https://play.champds.com/ATT/crotononhudsonny/2023- 12/674c949e0a28fdbfb15a5a99c69f264ed51b87df.pdf RESOLUITON: On my motion by Trustee Politi and seconded by Trustee Murtaugh the Board of Trustees of the Village of Croton on Hudson authorized the Village Manager to forward a letter to the EPA supporting the initiatives of the Friends of a Clean Hudson Coalition. Motion was approved with a 5-0 vote. December 20, 2023 . c. Notice from Piato Greek Kitchen, 173 S. Riverside Avenue, Croton on Hudson, of intent to apply for a Liquor License Class Change through the New York State Liquor Authority. https://play.champds.com/ATT/crotononhudsonny/2023- 12/ff1b53001d87a60f251edbf739bb0af9a94143ee.pdf d. Year-End Report from the Police Advisory Committee. https://play.champds.com/ATT/crotononhudsonny/2023- 12/bc87a41cd106b0e1daf3719ad49dfbd3f034dadc.pdf e. Notice from Altice regarding pricing changes to cable TV packages. https://play.champds.com/ATT/crotononhudsonny/2023- 12/078fdbdb9b739592bde30fd17a22f34166f4a270.pdf f. Announcement from the Hudson Valley Regional Council (HVRC) on the Village’s receipt of a 2023 Impact Award. https://play.champds.com/ATT/crotononhudsonny/2023- 12/af724a2519a098bbaab34d9b7f5e9f619696cfeb.pdf g. Annual report from the Croton Conservation Advisory Council (CCAC). https://play.champds.com/ATT/crotononhudsonny/2023- 12/ab736ac85de378c1f67715ec4fe011321f97c743.pdf h. Email from John Munson, President/Secretary of the Croton Fire Council regarding the Fire Chief’s election results. https://play.champds.com/ATT/crotononhudsonny/2023- 12/793a125f51da3dd2765dd0a33a466503c93f0eba.pdf i. Memo from the NYS Department of State regarding the Federal Consistency Assessment form and permit application for the Croton Point Park Bulkhead Wall Coping Replacement project. https://play.champds.com/ATT/crotononhudsonny/2023- 12/2650a5dd4fedb9f33349ce9fc0cfa50326faed81.pdf RESOLUTION Village Board of Trustees December 20, 2023 . On my motion by Trustee Simon and seconded by Trustee Nicholson the Board of Trustees of the Village of Croton on Hudson authorized referring the request for a Consistency Review to the Planning Board with respect to the Croton Point Park Bulkhead Wall Coping Replacement project. Motion was approved with a 5-0 vote. 8. PUBLIC COMMENTS ON AGENDA ITEMS Sherry Horowitz, 119 Maple Street, Croton on Hudson stated that Board Liaisons perform valuable functions and suggested that the Board consider a slightly different emphasis to the language in the Trustee Liaison Guidelines, instead of Liaisons being asked to attend their committee assignments meeting when possible, she would like to see stronger language that reflects the expectation that liaisons will consistently attend their committee assigned meetings. Ms. Horowitz stated that the Conservation Advisory Council has been working on gas-powered leaf blowers for quite some time, and strongly recommended that the Board look into their recommendations. 9. RESOLUTIONS: Resolution #263 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 5-0 vote. WHEREAS the Volunteer Fire Department Length of Service Award Program (“LOSAP”) was approved by referendum in 2003, and WHEREAS Article 11-a of the General Municipal Law (“GML”) authorizes the Village, as LOSAP Sponsor, to amend the LOSA, and WHEREAS the Board of Trustees of the Village of Croton-on-Hudson adopted a resolution on June 26, 2023, authorizing a public referendum to seek approval to increase the years of service credit that can be earned by a volunteer under the LOSAP program from twenty (20) to forty (40) years and increase the monthly service award to $30 for years of service credit earned after 2023, and WHEREAS the referendum was held on November 7, 2023, and was approved by a majority of the electorate, and Village Board of Trustees December 20, 2023 . WHEREAS the provisions of a service award program regarding firefighter participation, benefits earned and paid, and program operation must be formally stated in a written “Plan Document” and adopted by the Village Board, NOW THEREFORE BE IT RESOLVED that the Village Board hereby adopts the Croton Volunteer Fire Department Service Award Program Plan Document attached hereto. Village Manager Healy advised that the changes requested by Tex Dinkler at our last meeting have been reflected in the “Plan Document.” Resolution #270 of 2023 On motion of TRUSTEE SIMON seconded by TRUSTEE MURTAUGH the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a 5-0 vote. WHEREAS the Village would like to amend Section 230, Zoning, of the Village Code concerning the provisions of provisions of solar energy and battery energy storage systems, and WHEREAS the Village Board is considering taking an action to adopt Local Law Introductory No. 22 of 2023, which has been drafted for such purposes, and WHEREAS the Village has completed Part 1 of a Short Environmental Assessment Form (EAF) and a Coastal Assessment Form (CAF), NOW THEREFORE BE IT RESOLVED AS FOLLOWS: 1. The Village Board hereby determines that the Proposed Action is an “Unlisted Action.” 2. The Village Board hereby declares itself to be the Lead Agency for SEQRA purposes in connection with the Proposed Action. 3. The Village Board hereby issues the EAF and CAF which it has before it in connection with the Proposed Action. 4. The Village Board hereby refers to the Village Planning Board the Draft Law for a report back to the Village Board in accordance with Village law. 5. The Village Board hereby refers the Draft Law, the EAF and the CAF to the Village Board of Trustees December 20, 2023 . Village Waterfront Advisory Committee for a recommendation back to the Village Board in accordance with Village Law. 6. The Village Board hereby refers the Draft Law, the EAF and the CAF the Westchester County Planning Board for review in accordance with law. 7. The Village Board hereby directs Village staff to make any other circulations and notifications regarding the Proposed Action as may be required by law. Village Manager Healy advised that he spoke with the Fire Chiefs regarding the provisions under the Fire Safety Plan for the battery energy sources and they had no changes and were pleased with what had been written. Resolution #271 of 2023 On motion of TRUSTEE MURTAUGH seconded by TRUSTEE SIMON, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a 5-0 vote. WHEREAS the Village of Croton-on-Hudson would like to amend Chapter 179, Property Maintenance, of the Village Code to provide for the removal of weeds, brush, and rubbish, as well as the registration and maintenance of vacant commercial building, and WHEREAS Local Law Introductory No. 23 of 2023 has been drafted for such purposes, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby schedules a Public Hearing on January 10, 2024, at 7:00 PM in the Georgianna Grant Meeting Room of the Stanley H. Kellerhouse Municipal Building to consider Local Law Introductory No. 23 of 2023, to amend Chapter 179, Property Maintenance, of the Village Code. Village Manager Healy advised that the Village Engineer has requested that the language in our Code be updated to reflect New York State’s “Property Maintenance Code” which will allow our law to be more up to date with what areas are required to be maintained. Resolution 272 of 2023 On motion of TRUSTEE SIMON seconded by TRUSTEE MURTAUGH, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a 5-0 vote. December 20, 2023 . WHEREAS Village Law § 7-724 provides for the ability of a Village to adopt an official map showing the streets, highways and parks theretofore laid out, and WHEREAS the official map of the Village was last updated on April 20, 1992, and WHEREAS additional streets and parks in the Village have been opened since that time, and WHEREAS the Village retained CAI Technologies of Littleton, New Hampshire, to create a new official map of the Village, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby refers the official map of the Village to the Planning Board for review and comment, and BE IT FURTHER RESOLVED that that the Village Board of Trustees hereby schedules a Public Hearing on January 10, 2024, at 7:00 PM in the Georgianna Grant Meeting Room of the Stanley H. Kellerhouse Municipal Building to consider the adoption of the official map of the Village of Croton-on-Hudson, New York. Resolution 273 of 2023 On motion of TRUSTEE SIMON, seconded by TRUSTEE MURTAUGH, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a 5-0 vote. WHEREAS the Village of Croton-on-Hudson is interested in pursuing grant funding through the BRIDGE NY program for the replacement of a culvert on State Route 9A, and WHEREAS the culvert is the responsibility of the Village as it was constructed prior to 1971, and WHEREAS the 2023 round of the BRIDGE NY Program, administered by the New York State Department of Transportation (NYSDOT), provides funding assistance to local governments to rehabilitate and replace bridges, and WHEREAS due to the complex and technical requirements of the grant, the Village of Croton-on-Hudson desires to contract with a professional grant writer to assist in the preparation of the application, and WHEREAS C.T. Male Associates of Latham, New York, has prepared a proposal for grant application preparation services in the amount of $5,800, and Village Board of Trustees December 20, 2023 . NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby accepts the proposal from C.T. Male Associates in an amount not to exceed $5,800, and BE IT FURTHER RESOLVED that funding for this expense is available in the 2023-2024 General Fund Budget in the following account: A1230.4000 – Municipal Executive – Contractual DISCUSSION: Village Manager Healy stated that State grants are extremely competitive, and it behooves the Village to hire a company that understands what the State is looking for, C.T. Male has a good record and should give us the most success in securing funding. Trustee Murtaugh stated that he believes this is money well spent, if we are successful in getting the grant, the work will be fully funded. Resolution 274 of 2023 On motion of TRUSTEE SIMON seconded by TRUSTEE POLITI, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a 5-0 vote. WHEREAS in 2022, Croton EMS vacated the EMS House at 44 Wayne Street due to unsafe conditions, and WHEREAS a working group of representatives from the Fire Department, EMS, Village and community have determined that putting an addition onto the Harmon Firehouse for Croton EMS to use as their headquarters would be the most economical and wise use of Village resources, and WHEREAS on October 17, 2022, the Village Board accepted a proposal from Sullivan Architecture of White Plains, New York, for pre-design services and schematic design at a cost not to exceed $32,000, and WHEREAS Sullivan has provided an additional proposal for the drafting of construction documents related to the addition at a cost not to exceed $25,500, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby authorizes the Village Manager to accept the proposal from Sullivan Architecture at a cost not to exceed $25,500, and Village Board of Trustees December 20, 2023 . BE IT FURTHER RESOLVED that funding for such expense is available in the following account: H4540.2107.23445. Village Manager Healy advised that there is a new twenty-five-million-dollar pool of funding available for Fire Departments for both renovation and construction projects which would be one hundred percent funded with no matching requirements. Resolution 275 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 5-0 vote. WHEREAS the franchise agreement between the Village of Croton and Altice is due to expire on September 3, 2024, and WHEREAS the franchise agreement needs to be renegotiated, and WHEREAS the Village Attorney has recommended the hiring of Special Counsel to negotiate the new franchise agreement with Altice, and WHEREAS Cohen Law Group has provided a proposal to assist the Village in negotiations with Altice, and WHEREAS the proposal includes a franchise fee audit to determine whether Altice has paid the Village all of the franchise fee revenue to which it is entitled, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby accepts the proposal from Cohen Law Group of Pittsburgh, PA in an amount not to exceed $14,760, and BE IT FURTHER RESOLVED that the Village Manager is hereby authorized to sign the engagement letter with Cohen Law Group for services related to the negotiations of a new franchise agreement with Altice, and BE IT FURTHER RESOLVED that as funding for this expense was not included in the 2023- 2024 General Fund budget, the Village Board hereby authorizes the Village Treasurer to transfer from Contingency Account A1990.4000 to the following accounts: A1420.4000 – Law – Contractual : $14,760 Village Board of Trustees December 20, 2023 . Village Manager Healy explained that revenue from Franchise Fees have been on the decline because consumers have been cutting the cord and are streaming more and it will be interesting to see the results of the audit. Village Manager Healy advised that in the last negotiation the Village received grants from Cablevision to upgrade our equipment and he is hoping that we will receive additional grants in this negotiation as well. Resolution 276 of 2023 On motion of TRUSTEE SIMON seconded by TRUSTEE MURTAUGH, the following resolution , as amended, was adopted by the Board of Trustees of the Village of Croton-on- Hudson, New York with a 5-0 vote. WHEREAS the Village would like to adopt a set of guidelines for Village Trustees in their role as Liaisons to Village advisory and statutory boards, committees, councils and commissions, and WHEREAS the draft guidelines were reviewed at the December work session of the Board of Trustees, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby adopts the Village of Croton-on-Hudson Trustee Liaison Guidelines attached hereto. GUIDELINES: https://play.champds.com/ATT/crotononhudsonny/2023- 12/64cab920ad42d7908102ca1a7345a5b0c500b4f5.pdf After further discussion, and based on the recommendations from Sherry Horowitz, the Board of Trustees agreed to amend #2 in the Guidelines from “The Liaison is expected to attend meetings of assigned committees when possible” to “The Liaison is expected to attend meetings of assigned committees “consistently”. Resolution 277 of 2023 On motion of TRUSTEE MURTAUGH seconded by TRUSTEE POLITI, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a 5-0 vote. WHEREAS the Village would like to adopt a set of member guidelines for those who serve on advisory and statutory boards, committees, councils and commission, and Village Board of Trustees December 20, 2023 . WHEREAS the draft guidelines were reviewed at the December work session of the Board of Trustees, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby adopts the Village of Croton-on-Hudson Board & Committee Member Guidelines attached hereto. GUIDELINES: https://play.champds.com/ATT/crotononhudsonny/2023- 12/5d1d8a180f9f132038f6a76b75d1975cc8743297.pdf DISCUSSION: Trustee Murtaugh explained that the Board currently has no mechanism in place for removing a non-performing or non-participatory committee member and this will give the Board a mechanism to do so. Resolution 278 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 5-0 vote. WHEREAS the Volunteer Fire Department Service Award Program was approved by referendum in 2003, and WHEREAS Penflex, Inc. provides actuarial and administrative services necessary to administer this program, and WHEREAS the Village has received the annual Service Fee Agreement from Penflex for the period November 1, 2023, through October 31, 2024, NOW THEREFORE BE IT RESOLVED that the Village Manager is hereby authorized to sign the 2023-2024 Volunteer Fire Department Service Fee Agreement in the estimated amount of $6,900, and BE IT FURTHER RESOLVED that funding for this agreement has been allocated in the Fire Department - Contractual budget line A3410.4000. Resolution 279 of 2023 Village Board of Trustees December 20, 2023 . On motion of TRUSTEE MURTUAGH 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 5-0 vote. WHEREAS the Croton Harmon School District, the Jack O’Lantern Blaze, and Temple Israel requested police services for various events during this fiscal year, and WHEREAS the NYS Division of Homeland Security requested the participation of officers in training exercises, and WHEREAS police officers are assigned to these details to conduct traffic control, as well as to ensure safety for residents and visitors to the Village, and WHEREAS the aforementioned organizations have agreed to pay the cost of the overtime for these officers, NOW THEREFORE BE IT RESOLVED that the Village Treasurer is authorized to amend the General Fund 2023-2024 budget in the amount of $59,816.47: Personnel Services - Overtime $59,816.47 GENERAL REVENUES Increase Revenues A1000.3089 State Aid - Other $7,188.59 A3120.1520 Police Fees $52,627.88 Resolution 280 of 2023 On motion of TRUSTEE SIMON seconded by TRUSTEE POLITI, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a 5-0 vote. WHEREAS the Croton-on-Hudson Fire Department uses firefighting foam for fire suppression, and WHEREAS the Village is in possession of firefighting foam that has reached the end of its useful life and must be disposed, and Village Board of Trustees December 20, 2023 . WHEREAS firefighting foam is regulated as a hazardous waste and has specific disposal requirements, and WHEREAS the Village of Croton-on-Hudson has accepted a quote from Clean Harbors Environmental Services, Inc. in the amount of $6,110 for the pickup and proper disposal of the firefighting foam, and WHEREAS funding for this expense was not included in the 2023-2024 General Fund budget, NOW, THEREFORE BE IT RESOLVED that the Village Board hereby authorizes the Village Treasurer to transfer $6,110 from Contingency Account A1990.4000 to the following accounts: A3410.4000 – Fire – Contractual: $6,110 DISCUSSION: Village Manager Healy explained that in 2010 when the foam was purchased it was found not to be compatible with the equipment that the Department uses, for whatever reason the manufacturer declined taking the foam back and it has sat in containers outside of the Grand Street Firehouse for the past ten to twelve years. Village Manager Healy advised that the containers are starting to deteriorate and with the completion of the renovations, it is time to dispose of it. Village Manager Healy stated that we tried to get the County to accept this, but they ultimately said no, and we now need to have a company take it from us. Trustee Simon asked if the foam is considered hazardous when it is new or is it the aging process that is the problem. Village Manager Healy stated that it has always been considered hazardous because of the type of chemicals in it. 10. PUBLIC COMMENTS ON NON-AGENDA ITEMS: None 11. REVIEW OF DEPARTMENT QUARTERLY REPORTS: Justice Court https://play.champds.com/ATT/crotononhudsonny/2023- 12/e0b592f4fa4dade32a006113cc7976b966709a03.pdf Engineering Department Village Board of Trustees December 20, 2023 . https://play.champds.com/ATT/crotononhudsonny/2023- 12/bf9580314c5ddcd4ab2f707f370bdeff834e8b9e.pdf Public Works Department https://play.champds.com/ATT/crotononhudsonny/2023- 12/427ea1a0d56b4ae6309b9f5cd19e7100ad65dcee.pdf Parking Enforcement https://play.champds.com/ATT/crotononhudsonny/2023- 12/c13b91245d5c9cea565c20bdaa38ced2cdb9ddf0.pdf Treasurer’s Report https://play.champds.com/ATT/crotononhudsonny/2023- 12/c65c70e3c092418c96a26893b91e7bf49db57f4f.pdf Manager’s Report https://play.champds.com/ATT/crotononhudsonny/2023- 12/4cf5ca8c09b950b7f9d3c9d9a36c868b10454aaf.pdf Finance Report https://play.champds.com/ATT/crotononhudsonny/2023- 12/cc9621476befec5362f6d535022a2dfc138bd46f.pdf Clerk’s Report https://play.champds.com/ATT/crotononhudsonny/2023- 12/5a0666b6458ecf248e78d0bfb7768e390a4d9b6c.pdf 12. APPROVAL OF MINUTES Motion to approve the minutes as amended of the Regular Meeting held on December 4, 2023, was made by Trustee Simon. The motion was seconded by Trustee Politi and approved with a 5-0 vote. Motion to approve the minutes of the Organizational Meeting held on December 4, 2023, was made by Trustee Simon. The motion was seconded by Trustee Murtaugh and approved with a 5-0 vote. Motion to approve the minutes of the Work Session held on December 6, 2023, was made by Trustee Simon. The motion was seconded by Trustee Politi and approved with a 5-0 vote. December 20, 2023 . 13. REPORTS Trustee Nicholson advised that she attended the recent Welcome Wagon Cookie Exchange and acknowledged the Croton/Cortlandt Food Pantry and the Croton Caring Committee for all their hard work serving our neighbors. Trustee Simon advised that he attended the Planning Board meeting last night, attended a Naloxone Training session at the Croton Library on December 14th, participated in a press conference regarding new Legislation that would allow solar energy in some of our park’s parking lots, attended the Westchester Municipal Officials monthly meeting on December 14th where they briefed us on their agenda for the coming year, he and Trustee Nicholson attended a meeting with the Marketing Working Group of our Business Group last Friday, attended the Pearl Harbor ceremony on December 7th, American Legion holiday party on December 9th, Police holiday toy drive on December 10th, the dedication of our time capsule on December 15th,, and the firefighters parade on December 16th. Trustee Simon advised that Holtec has indicated that there is going to be an eight- year delay in the decommissioning process due to the Save the Hudson Legislation and issued a check to the Village from the Rotary Club as part of their contribution to help defray the costs of the ADA accessible swing at Senasqua Park. Trustee Murtaugh advised that he attended his first Zoning Board of Appeals meeting last week where they issued a few Zoning Variances, ten days ago a suspect was apprehended for burglaries in the Village and directed residents to the Village’s website where they can sign up for a “surveillance camera registry” which could assist our Police Department if an incident occurs in their neighborhood. Trustee Politi advised that the library is holding a free book popup, attended the Advisory Board on the Visual Environment meeting, and recommended continuing discussions with regards to suggestions made by Sherry Horowitz. Mayor Pugh advised that the Conservation Advisory Council had a busy year and thanked them for all that they have done. Mayor Puth congratulated Travis Naggs on becoming an Eagle Scout, his project was a bridge for hikers and walkers on the Croton Gorge Trail. December 20, 2023 . Resolution – Appointment to Police Advisory Committee. On motion by Trustee Simon and seconded by Trustee Murtaugh the Board of Trustees approved Mayor Pugh’s appointment of Bryce Laemmel, Jim Miller and Jeff Slippen to serve a one-year term on the Police Advisory Committee, Motion was seconded by Trustee Murtaugh and approved with a 5-0 vote. Mayor Pugh appointed Deputy Mayor Simon as chair of the Waterfront Advisory Council. Trustee Simon stated that Ann Gallelli has written the book on how to do this properly, he has had some good training watching how Ann approached this and looks forward to carrying on her tradition. Village Manager Healy gave a recap of the recent storm event: the Village had received notification on Thursday afternoon from the “Steven’s Flood Advisory System” of a possible flood event for the following Monday, the Village started monitoring the situation and on Friday the Village sent out an email to all of our train station permit holders, as well as everyone on our email subscriber list advising that flooding was expected and we strongly encouraged people not to park in Sections H and I on Sunday night into Monday, on Sunday morning when we realized the storm was not going to improve we brought in DPW staff on overtime to cone off the parking lot, we also had a solar message board active at the top of Croton Point Avenue indicating not to park in Sections H and I due to potential flooding, unfortunately some people had parked in those sections anyway and while some of those cars could have been left there from days prior, we had our Police Department contact the owners of those cars parked along the guardrail which is the area most susceptible to flooding to ensure that they would be retrieving their cars before Monday morning, some people did park in the lots that were closed and because we had a significant flood event some vehicles sustained some damage. Village Manager Healy also advised that we had a number of trees come down throughout the Village, approximately thirty homes were without power and thanked our Police Department and DPW staff for their efforts in advance of the storm as well as during the storm event. December 20, 2023 . Trustee Murtaugh stated that it seems like the Village did a valiant effort in notifying everyone and there is a limit to what you can do and thanked Village Manager Healy for all his efforts. Village Manager Healy advised that we are getting close to a draft Telecommunications Law, Shoprite will be coming in for a renewal of their Special Permit and we should have it on our next agenda, the Grand Street Firehouse project has been completed, and thanked DPW General Foreman Scott Marsh and his crew for all the hard work they did on this project. There being no further business to come before the Board a motion to close the meeting was made by Trustee Simon. The motion was seconded by Trustee Nicholson and approved with a 5-0 vote. The meeting was adjourned at 9:55pm.