Documents

minutes 15 pages

Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY, held on Wednesday, January 24, 2024, in the Georgianna Grant Meeting Room at the Stanley Kellerhouse Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520. Absent Official: 1. Mayor Pugh called the meeting to order at 7:00pm and led everyone in the pledge of allegiance. Trustee Simon made a motion to approve the following Fiscal Year Vouchers, claims numbered 23243853 through 23244121. The Motion was seconded by Trustee Nicholson and approved with a 5-0 Vote. $245,028.28 Water Fund $27,782.29 Sewer Fund $2,255.54 Capital Fund $388,741.04 Trust Fund $63,232.68 3. PUBLIC HEARINGS: Public Hearing to consider the adoption of the official map of the Village of Croton on Hudson, New York. A motion was made by Trustee Murtaugh and seconded by Trustee Politi to continue the Public Hearing held on January 10, 2024, to consider the adoption of the official map of the Village of Croton. The motion was approved with a 5-0 vote. Village Manager Healy highlighted some of the recommendations that the Planning Board made as indicated in the attached memo. Planning Board’s memo. 01/744d823eb90af5baa93b1436c2e3d7c1f4b394ef.pdf Mayor Pugh Trustee Murtaugh Village Manager Bryan Healy Trustee Nicholson Village Attorney Linda Whitehead Trustee Politi Assistant to the Village Manager Emily Mancini Trustee Simon Village Board of Trustees January 24, 2024 . There was a discussion as to whether or not the gates should be included on the official map and the Board recommended that they be included. Trustee Murtaugh stated that even though the Veteran signs in the parking lot are not considered official streets, he believes it would be respectful to add those to the map. Village Attorney Whitehead stated that those street signs are ceremonial and not official streets, for a street to be placed on the Official Map it has to have been shown on a filed map or dedicated by the Village. Village Attorney Whitehead explained that this map is not meant to be used as a street map, but rather for official purposes only. There being no comments to come before the Board, a motion to close the Public Hearing was made by Trustee Murtaugh. Motion was seconded by Trustee Politi and approved with a 5-0 vote. Resolution #2-2024 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 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, and WHEREAS, the Village Planning Board has reviewed the draft of the official map prepared by CAI Technologies and has provided comments, and WHEREAS, a Public Hearing was opened on January 10, 2024, adjourned, and then closed on January 24, 2024, Village Board of Trustees January 24, 2024 . NOW THEREFORE BE IT RESOLVED that the Village of Croton-on-Hudson formally accepts and adopts the map as submitted by CAI Technologies, effective January 24, 2024. Public Hearing to consider the application from ShopRite Supermarkets, Inc. to renew the special permit to operate a retail store at 460 South Riverside Avenue. A motion was made by Trustee Murtaugh and seconded by Trustee Simon to open a Public Hearing to consider the application from Shoprite Supermarkets, Inc. to renew the special permit to operate a retail store at 460 South Riverside Avenue, Croton on Hudson. Motion was approved with a 5-0 vote. P. Daniel Hollis, from the law firm of Hollis, Laidlaw and Simon representing Shoprite stated that he is in full support of the resolution that addresses the Maintenance Agreement between the landlord and the Village. Village Attorney Whitehead stated that the agreement will require the landlord to maintain the parking lot as required in the Site Plan Approval. Trustee Nicholson stated that the Conservation Advisory Council has been having discussions regarding “dark skies” and asked if the Maintenance Agreement could include that as well. Village Attorney Whitehead stated that she will have to look at the Site Plan. There being no comments to come before the Board, a motion to close the Public Hearing was made by Trustee Simon and seconded by Trustee Politi. Motion was approved with a 5-0 vote. Resolution #8-2024 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 on April 4, 2016, the Village Board of Trustees renewed the special permit for ShopRite Supermarkets, Inc. to operate a retail store at 460 South Riverside Avenue, and Village Board of Trustees January 24, 2024 . WHEREAS the Village Board of Trustees has received an application from ShopRite Supermarkets, Inc. to renew the special permit to operate a retail store at 460 South Riverside Avenue, and WHEREAS a public hearing on the special permit renewal application was opened and closed on January 24, 2024, and WHEREAS the Village Planning Board has submitted a memorandum requesting that the property maintenance agreement be drafted before the special permit be renewed, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby directs the applicant to make an initial payment of $2,500 to be held in escrow for any necessary professional services that may be required to assist the Village Board in developing the property maintenance agreement. 4. RESPONSE TO QUESTIONS SUBMITTED BY EMAIL: None 5. CORRESPONDENCE: a. Memo from Cristina Alvarez-Arnold, Chair of the Diversity & Inclusion Committee, dated January 22, 2024, regarding their revised vision and naming of the committee. 01/04028145cd9851597dd1acc071bb5e3cded28772.pdf Cristina Alvarez-Arnold, Chair of Diversity and Inclusion Committee stated that after extensive discussions among the committee members they are requesting to change the current name to “Inclusivity, Diversity, Equity and Accessibility Advisory” (IDEA Advisory). Trustee Simon commended the Committee for pushing this forward. On motion by Trustee Simon and seconded by Trustee Politi the Board of Trustees approved changing the name of the “Diversity and Inclusion Committee” to “Inclusivity, Diversity, Equity and Accessibility Advisory” (IDEA Advisory). Motion was approved with a 5-0 vote. January 24, 2024 . b. Memo from Village Manager Bryan Healy dated January 18, 2024, regarding the donation of funds by the Croton Rotary Club and Croton Police Association to an inclusive playground swing at Senasqua Park. 01/032074fd8bbe9ab6e138669f295ff0094ac54d01.pdf Resolution: On motion by Trustees Simon and seconded by Trustee Murtaugh the Board of Trustees accepted a donation from the Croton Rotary Club in the amount of $500.00 and the Croton Police Association in the amount $1,000 towards an inclusive playground swing at Senasqua Park. Motion was approved with a 5-0 vote. c. Public Notice of Completion and Public Hearing for the Draft Environmental Impact Statement for the Chair Factory Site Redevelopment in the Village of Haverstraw. 01/4b324468e1138feb3dafa5f50202f02f9006f261.pdf d. Invitation from the American Legion Fox-Eklof Poast 505 to the Merchant Marine Flag Ceremony on February 12, 2024. 01/c4fa7f01d70071993852096f0da2746414441c2a.pdf Village Manager Healy advised that they had been contacted by numerous residents asking that the Village add a Merchant Marine flag to our repertoire of service flags at Veteran’s Corners. Village Manager Healy explained that Merchant Marines are not technically considered a service branch, but they were deputized as a service branch during WWII and if you want to fly their flag, you must get permission from the United Stated Department of Transportation, our request has been approved and they have provided the Village with a flag free of charge. 8. PUBLIC COMMENTS ON AGENDA ITEMS: Ron Sanchez, 114 Truesdale Drive, Croton on Hudson, expressed his concerns regarding the frailty of the Croton Gorge and does not believe that Village Board of Trustees January 24, 2024 . the Department of Environmental Conservation has been good Stewards, he believes that the parking spaces at the top of the ridge is the source of the problem and recommended that the Village get more involved in protecting the beauty of the Gorge. Ed Riely, 110 Truesdale Drive, Croton on Hudson stated that he supports Mr. Sanchez’s comments and believes that this property should be returned to the Village of Croton since neither the Town of Cortlandt, State of New York nor the County of Westchester take care of it, he believes that the Diversity, Equity and Inclusive Committee does not represent everyone in Croton and asked that their meetings be open to the community. Kenna Weiner, Mount Airy Road South, Croton on Hudson, thanked the Rotary Club and Croton Police Association for their donations towards an inclusive playground swing at the Senasqua Park playground, she also thanked emergency personnel who responded to an emergency situation at the playground that involved a child getting stuck in the swing. 9. RESOLUTIONS: Resolution #9-2024 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 Village would like to amend Section 230, Zoning, of the Village Code to provide for the administration and regulation of geothermal energy systems, and WHEREAS the Village Board is considering taking an action to adopt Local Law Introductory No. 1 of 2024 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 Village Board of Trustees January 24, 2024 . 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 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 to 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. DISCUSSION Village Manager Healy advised that our Sustainability Committee has recommended that we put these regulations in place. Resolution #10-2024 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 currently has an open position in the Croton Police Department for a Police Officer, and WHEREAS Police Chief John H. Nikitopoulos has conducted an extensive background check of Antonio G. Stenta and recommends the hiring of Mr. Stenta for the position of Police Officer, NOW THEREFORE BE IT RESOLVED that Antonio G. Stenta is hereby appointed as a Police Officer in the Croton-on-Hudson Police Department as of January 24, 2024, at an annual salary of $70,123.49, pending the passage of medical exams and approval from the Westchester County Department of Human Resources. January 24, 2024 . Resolution #11-2024 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 Village of Croton-on-Hudson would like to amend Chapter 230, Zoning, of the Village Code to update the provisions related to solar energy systems and establish provisions related to battery energy storage systems, and WHEREAS Local Law Introductory No. 22 of 2023 was drafted for such purposes. and WHEREAS on December 20, 2023, the local law was referred to the Village Planning Board, Waterfront Advisory Committee and Westchester County Planning Board for review and comment, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby schedules a Public Hearing on February 7, 2024, at 7:00 PM in the Georgianna Grant Meeting Room of the Stanley H. Kellerhouse Municipal Building to consider Local Law Introductory No. 22 of 2023 to amend Chapter 230, Zoning, of the Village Code. Trustee Simon stated that this latest version has some helpful improvements that were recommended by our Sustainability Committee Chair, Lindsay Audin, as well as feedback from Sustainable Westchester. Village Manager Healy advised that they incorporated most of the recommendations from the Planning Board, we did not include the recommendation that tier II battery storage systems could only be permitted on commercial properties, the Village Board had discussed that previously and felt comfortable in allowing them in the RA-40 and RA-60 zones based on the size of those properties. Resolution #12-2024 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. January 24, 2024 . 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 buildings, and WHEREAS Local Law Introductory No. 23 of 2023 has been drafted for such purposes, and WHEREAS a Public Hearing was previously opened and closed on January 10, 2024, and WHEREAS since that time, a number of substantive changes have been made to the law and the Board of Trustees wishes to provide members of the public another opportunity to comment, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby schedules a Public Hearing on February 7, 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. Resolution #13 of 2024 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 Board of Trustees has recently adopted Local Law 1 of 2024 to update regulations related to accessory apartments and permit accessory cottages in residential districts, and WHEREAS accessory apartments and accessory cottages together are known as accessory dwelling units (hereinafter referred to as ADUs), and WHEREAS New York State Homes and Community Renewal (HCR) operates a program to provide funding to low- and middle-income homeowners who wish to build a new ADU on their property or improve an existing ADU to be in compliance with local and state regulations; and WHEREAS this program is known as the Plus One ADU Program, and WHEREAS the Village wishes to partner with the Housing Action Council and Habitat for Humanity to submit a proposal to HCR to fund such a program for Croton-on-Hudson, Village Board of Trustees January 24, 2024 . NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby authorize the Village Manager to execute the memorandum of understanding with the Housing Action Council and Habitat for Humanity for the Plus One ADU Program. DISCUSSION Trustee Simon advised that he had the opportunity to sit in on a webinar with New York State Homes and Community Renewal (HCR) on the “Plus One ADU” program, he believes this will be a good fit for Croton and the kind of partnership they are contemplating is essential as the steering mechanism for the program if we were to be accepted. Resolution #14 On motion of TRUSTEE POLITI, 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 and the Croton Free Library have had a longstanding relationship throughout the years, and WHEREAS it is the desire of the Village and the Library to continue to work collaboratively for the joint benefit of their taxpayers, and WHEREAS the Library provides many benefits to the taxpayers of the Village and the Village therefore desires to assist the library and provide certain services for the benefit of the library in exchange for the services provided by the library, and WHEREAS the term of this agreement shall be for a period of five years, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby authorizes the Village Manager to execute the agreement with the Croton Free Library for a period of five years, pending final approval of the Village Attorney. Resolution #15 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. January 24, 2024 . WHEREAS on January 10, 2024, the Village Board of Trustees adopted Local Law No. 1 of 2024, amending Chapter 230, Zoning, of the Village Code to update regulations related to accessory apartments and permit accessory cottages in residential districts, and WHEREAS the Village Board of Trustees would like to encourage property owners to legalize any existing accessory cottages and accessory apartments in the Village to ensure the safety of the occupants, and WHEREAS building construction undertaken without the necessary permitting from the Engineering Department results in a penalty of fees being doubled when a property owner seeks to legalize the construction, and WHEREAS the Village Board would like to temporarily waive these penalties in order to encourage property owners with existing accessory apartments or cottages to bring their properties into compliance with current requirements, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby waives the penalties associated with the legalization of existing construction undertaken without permits to provide for an accessory apartment or accessory cottage for the period of January 11, 2024, through April 12, 2024. Village Manager Healy encouraged anyone in this situation to reach out to the Engineering Department as soon as possible. Resolution #16 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 has adopted local laws regarding building construction, zoning and other regulations, which have been codified into the Village Code, and WHEREAS the Village has established the Engineering Department to provide oversight and enforcement of these local laws, and WHEREAS the Engineering Department also provides enforcement of the New York State Building Code and the Property Maintenance Code, and Village Board of Trustees January 24, 2024 . WHEREAS the Village Board of Trustees finds that code enforcement is of particular importance to the health, safety and well-being of Village residents and WHEREAS the Village has three employees who are certified code enforcement officers: the Village Engineer, Assistant Village Engineer and the Fire Inspector, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby offers its full support to the employees of the Engineering Department in the performance of their duties as code enforcement officers, and BE IT FURTHER RESOLVED that the Village Board of Trustees has the expectation that any violations of Village, County or State codes will be handled swiftly and in an impartial manner. Resolution #17 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 Village of Croton-on-Hudson understands the importance of taking actions which will reduce carbon emissions, improve public transportation options, enhance economic opportunity for our residents, and reduce congestion, and WHEREAS the Village of Croton-on-Hudson notes that the West Side Access program promises significant improvements to Westchester County and the Bronx by linking Metro North’s New Haven Line service with Penn Station on the west side, and WHEREAS similar improvements are being done to improve transportation for Amtrak along Metro North’s Hudson Line, which runs through several crucial Hudson River communities within Westchester, and WHEREAS a parallel initiative to connect the Hudson Line to Penn Station could be accomplished, promising reduced carbon emissions, improved public transportation options, enhancing economic opportunity for Hudson River communities and the Bronx, and reducing congestion, NOW THEREFORE BE IT RESOLVED that the Village of Croton-on-Hudson recommends that the Metropolitan Transportation Authority undertake a comprehensive study to evaluate the feasibility and potential benefits of establishing west side access from Westchester County and the Bronx through the Hudson Line to Penn Station, and Village Board of Trustees January 24, 2024 . BE IT FURTHER RESOLVED: that after considerable deliberation, the Village of Croton-on- Hudson recommends that New York State conduct this study and feasibility assessment and that the results of it be presented to regional stakeholders and residents. Trustee Simon stated that this is an initiative by County Executive George Latimer, and he believes this makes a lot of sense. Trustee Nicholson advised that the MTA did a study on the Hudson line expansion as part of their twenty-year MTA needs assessment, and while it would be great to have the Hudson line go to Penn Station, she is very concerned about the sustainability of the Hudson line because of climate change and rising sea levels which were addressed in their twenty-year plan. 10. PUBLIC COMMENTS ON NON-AGENDA ITEMS: Tony Granger, Half Moon Bay, addressed his issues with respect to the 1 Half Moon Bay property and encouraged the Board to keep the community informed. Ed Riely, 110 Truesdale Drive, Croton on Hudson, addressed his concerns regarding abortion, transportation housing, and equity fairness. 11. APPROVAL OF MINUTES Motion to approve the minutes as amended of the Regular Meeting held on January 10, 2024, was made by Trustee Politi. The motion was seconded by Trustee Murtaugh and approved with a 5-0 vote. Motion to approve the minutes of the Executive Session held on January 10, 2024, was made by Trustee Simon. The motion was seconded by Trustee Nicholson and approved with a 5-0 vote. 12. REPORTS: Trustee Nicholson thanked the Arts and Humanities Council on a very successful jazz series, attended the Eaglefest press conference this morning, on February 3rd from 2-4pm the Croton Library there show a screening of a Village Board of Trustees January 24, 2024 . documentary created by Croton Harmon High School students on “Lorraine Hansberry in the 1960’s” , the Gouveia Working Group met this morning and they will be presenting a memo to the Board in the coming weeks with their recommendations for the property, the Conservation Advisory Council met last evening and discussed Earth Day, the Police Advisory Committee met with Superintendent of Schools Stephen Walker and the PAC to discuss police officers in our schools. Trustee Simon advised that a wonderful ceremony was held last week at the Croton High School honoring Steve (Iggy) Aguado for his long-time support of athletics, on Sunday, January 14th an interfaith service was held with Croton clergy addressing some of the problems plaguing our society, the Planning Board met last Tuesday and discussed a proposed community café and theater, on January 17th he attended an IRS webinar on their process of implementing direct pay with respect to cash payments for energy projects we have done, the Bicycle and Pedestrian Committee received a briefing last Thursday night from DPW Foreman Scott March on the Gotwald Circle project and talked about our Transportation Grant for sidewalks and other pedestrian improvements, attended a meeting with Project Mover regarding a bike/share program with Ossining, the River Journal had a great article on Ann Marie Sasso, the Business Group will be meeting this coming Monday, sent his condolences on the passing of Louise Giglio who passed away last week and wished Congressman Richard Ottinger a happy 95th birthday. Trustee Murtaugh reminded everyone that Teatown’s Eaglefest will be held on February 3rd at Croton Point Park from 9am-4pm. Trustee Politi congratulated the “Inclusivity, Diversity, Equity and Accessibility Advisory” (IDEA Advisory) on their new name, Croton Pride will be presenting a screening and discussion on a “Disclosure” documentary about trans-depiction in film and television on Feb 6th at 5:30pm at the Green Growler, thanked the Advisory Board of the Visual Environment and the Planning Board for getting the sign design approved for the 43-45 Maple Street Development. Mayor Pugh made the following appointments: Resolution Village Board of Trustees January 24, 2024 . On motion by Trustee Simon and seconded by Trustee Murtaugh the Board of Trustees approved the following appointments: Recreation Advisory Frances Catanio Term Expiring December 2026 Recreation Advisory Kyle Raum Term Expiring December 2026 Police Advisory Marie Considine Term Expiring December 2025 Police Advisory Miles Kafka Term Expiring December 2026 Village Manager Healy stated that he is pleased not to have to report on any flooding this week, but he has been hard at work seeking out some funding to start a “Resiliency Study” of our shoreline which we have determined is a high priority, he also reached out to the National Weather Service and Westchester County Emergency Management about getting a “Tidal Flooding Gage” installed in Croton which would help to accurately forecast when these events are going to take place, New York State has enacted regulations for businesses with respect to credit card surcharge guidelines and he will discuss those regulations at the next Business Group meeting, the Tentative Assessment Roll will be available on February 1st and encouraged residents to reach out to the Assessor if they have questions or concerns. There being no further business to come before the Board a motion to close the meeting and enter into an Executive Session to discuss the proposed acquisition, sale or lease of real property was made by Trustee Simon. The motion was seconded by Trustee Murtaugh and approved with a 5-0 vote. The meeting was adjourned at 8:45pm.