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Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY, held on Wednesday, February 7, 2024, 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 7:00pm and led everyone in the pledge of allegiance. Trustee Simon made a motion to approve the following Fiscal Year Vouchers, claims numbered 23244094 through 23244385. The Motion was seconded by Trustee Murtaugh and approved with a 5-0 Vote. $379,515.58 Water Fund $34,040.02 Sewer Fund $5,559.23 Capital Fund $129,651.92 Trust Fund - 3. PUBLIC HEARINGS: Public Hearing on Local Law Introductory No. 22 of 2023 to amend Chapter 230, Zoning of the Village Code to update the provisions related to solar energy systems and establish provision related to battery energy storage systems. A motion was made by Trustee Murtaugh and seconded by Trustee Nicholson to open a Public Hearing on Local Law Introductory No. 22 of 2023 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. The motion was approved with a 5-0 vote. Village Manager Healy explained that this law will add regulations on battery energy storage systems to our code as well as updating the current regulations on solar energy systems based on emerging technologies and the newest guidance from NYSERDA, both have been reviewed by our Planning Board and Sustainability Committee Chair Lindsay Audin, we also Mayor Pugh Trustee Murtaugh Village Manager Bryan Healy Trustee Nicholson Village Attorney Linda Whitehead Trustee Politi Village Treasurer Daniel Tucker Trustee Simon Assistant to the Village Manager Emily Mancini Village Board of Trustees February 7, 2024 received a memo from the Westchester County Planning Board stating that they have reviewed the document and they have determined that this is a matter for local determination. There being no comments to come before the Board, a motion to close the Public Hearing was made by Trustee Nicholson. Motion was seconded by Trustee Murtaugh and approved with a 5-0 vote. Public Hearing on Local Law Introductory No. 23 of 2023 to amend Chapter 179, Property Maintenance, of the Village Code to update the provisions related to brush, rubbish and weeds and establish provisions for vacant buildings. A motion was made by Trustee Nicholson and seconded by Trustee Simon to open a Public Hearing on Local Law Introductory No. 23 of 2023, to amend Chapter 179 Property Maintenance, of the Village Code to update the provisions related to brush, rubbish and weeds and establish provisions for vacant buildings. Motion was approved with a 5-0 vote. Village Manager Healy explained that this Local Law will update our Property Maintenance Code taking into consideration some new guidelines from New York State relating to weeds and brush as well as establishing regulations regarding vacant commercial buildings. COMMENTS: Trevor Victor stated that he is the owner of 1 Old Post Road North and does not believe his property is zoned commercial but would like to understand how this new law will affect him. Village Manager Healy explained that this law is written so that single family and two-family homes are exempt, and it does not matter about the zoning classification. There being no comments to come before the Board, a motion to close the Public Hearing was made by Trustee Murtaugh and seconded by Trustee Nicholson. Motion was approved with a 5-0 vote. Resolution #18 of 2024 Village Board of Trustees February 7, 2024 On motion of TRUSTEE POLITI, 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 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 a number of substantive changes were made to the law and a second Public Hearing was opened and closed on February 7, 2024, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby adopts Local Law Introductory No. 23 of 2023 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, which upon adoption becomes Local Law No. 2 of 2024. 4. Review of the Full Environmental Assessment Form Part II and the Village’s Local Waterfront Revitalization Program policies to determine consistency related to the adoption of Local Law Introductory No. 22 of 2023. Local Waterfront Revitalization Program Review 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 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 No Village Board of Trustees February 7, 2024 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 No 1D Require restoration of deteriorating structures related to railroad use and assure appropriate maintenance and screening to reduce visual impact. No No 1E Develop the old sewage treatment plant site at the intersection of Route 9A and Municipal Place. No No Facilitate the siting of water dependent uses and facilities on or adjacent to coastal waters No 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 No The state coastal policy regarding the development of major ports is not applicable to Croton. No No The state coastal policy regarding the strengthening of small harbors is not applicable to Croton. No 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 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 distribution lines currently exist. No No 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 No 5C Limit proposed development within those No No Village Board of Trustees February 7, 2024 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 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. Yes Yes Yes Yes Board Concurred 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 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 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 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 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 no 7E Runoff from public and private parking lots and from storm sewer overflows shall be effectively channeled so as to prevent No No Village Board of Trustees February 7, 2024 oil, grease, and other contaminants from polluting surface and 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 No 7G Such activities must not cause degradation of water quality or impact identified significant fish and wildlife habitats No 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 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 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 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 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 state's seafood products, maintaining No No Village Board of Trustees February 7, 2024 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 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 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 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 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 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 No Activities and development, including 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 No No Village Board of Trustees February 7, 2024 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 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 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 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 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 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 No PUBLIC ACCESS POLICIES Protect, maintain, and increase the level and types of access to public water- related recreation resources and facilities so that these resources and facilities may No No Village Board of Trustees February 7, 2024 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 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 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 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 No 19E Maintain the trail, which provides access to the Croton River waterfront, in its current undeveloped condition as a pedestrian walkway. No 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 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 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 No 21A Boating activities should be encouraged provided that they do not restrict other recreational opportunities and are undertaken in a manner compatible with No No Village Board of Trustees February 7, 2024 existing water- dependent uses. 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 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 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 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. Yes Yes Yes Yes Board Concurred 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 No 25B Secure the designation of the panoramic views from Croton Point as a scenic area of statewide significance. No 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 No No Village Board of Trustees February 7, 2024 and Croton Rivers 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 No The state coastal policy regarding the protection of agricultural lands is not applicable to Croton No 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 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 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 No The state coastal policy regarding the development of energy resources is not applicable to Croton. No 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 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 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 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 No No Village Board of Trustees February 7, 2024 already over-burdened with contaminants will be recognized as being a development constraint. 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 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 No Best Management Practices will be used to ensure the control of storm water runoff and combined sewer overflows draining into coastal waters. No 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 No 33B Improve existing Village storm water discharge to control flow of pollutants from street and parking areas, etc. directly in the rivers. No 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 No 34A There shall be no discharge from moored structures or marine vessels, due to shape of cove and lack of tidal flushing. No 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 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 No No Village Board of Trustees February 7, 2024 required when these spills occur. Best Management Practices will be utilized to minimize the non-point discharge of excess nutrients, organics and eroded soils into coastal waters. No 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 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. Yes Yes Yes Yes Board Concurred 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 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. Yes Yes Yes Yes Board Concurred 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 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 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 No Land use or development in the coastal area will not cause national or state air quality standards to be violated No No 41A A NYSDEC point-source air monitoring No No Village Board of Trustees February 7, 2024 station should be established within the Village of Croton-on-Hudson. considered if the state reclassifies land areas pursuant to the prevention of significant deterioration regulations of the Federal Clean Air Act. No 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 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 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 No Preserve and protect tidal and freshwater wetlands and preserve the benefits derived from these areas. No 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 No Full Environmental Assessment Form Part II 1. Impact on Land Proposed action may involve construction on, or physical alteration of, the land surface of the proposed site. (See Part 1. D.1) If “Yes”, answer questions a - j. If “No”, move on to Section 2. NO YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may involve construction on land where depth to water table is less than 3 feet. E2d b. The proposed action may involve construction on slopes of 15% or greater. E2f c. The proposed action may involve construction on land where bedrock is exposed, or generally within 5 feet of existing ground surface. E2a Village Board of Trustees February 7, 2024 d. The proposed action may involve the excavation and removal of more than 1,000 tons of natural material. D2a e. The proposed action may involve construction that continues for more than one year or in multiple phases. D1e f. The proposed action may result in increased erosion, whether from physical disturbance or vegetation removal (including from treatment by herbicides). D2e, D2q g. The proposed action is, or may be, located within a Coastal Erosion hazard area. B1i h. Other impacts: _____________________________________________ 2. Impact on Geological Features The proposed action may result in the modification or destruction of, or inhibit NO YES access to, any unique or unusual land forms on the site (e.g., cliffs, dunes, minerals, fossils, caves). (See Part 1. E.2.g) If “Yes”, answer questions a - c. If “No”, move on to Section 3. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. Identify the specific land form(s) attached: ________________________________ E2g b. The proposed action may affect or is adjacent to a geological feature listed as a registered National Natural Landmark. Specific feature: E3c c. Other impacts: ____ 3. Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water bodies (e.g., streams, rivers, ponds or lakes). (See Part 1. D.2, E.2.h) If “Yes”, answer questions a - l. If “No”, move on to Section 4. NO YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may create a new water body. D2b, D1h Village Board of Trustees February 7, 2024 b. The proposed action may result in an increase or decrease of over 10% or more than a 10 acre increase or decrease in the surface area of any body of water. D2b c. The proposed action may involve dredging more than 100 cubic yards of material from a wetland or water body. D2a d. The proposed action may involve construction within or adjoining a freshwater or tidal wetland, or in the bed or banks of any other water body. E2h e. The proposed action may create turbidity in a waterbody, either from upland erosion, runoff or by disturbing bottom sediments. D2a, D2h f. The proposed action may include construction of one or more intake(s) for withdrawal of water from surface water. D2c g. The proposed action may include construction of one or more outfall(s) for discharge of wastewater to surface water(s). D2d h. The proposed action may cause soil erosion, or otherwise create a source of stormwater discharge that may lead to siltation or other degradation of receiving water bodies. D2e i. The proposed action may affect the water quality of any water bodies within or downstream of the site of the proposed action. E2h j. The proposed action may involve the application of pesticides or herbicides in or around any water body. D2q, E2h k. The proposed action may require the construction of new, or expansion of existing, wastewater treatment facilities. D1a, D2d l. Other impacts: _______________________ 4. Impact on groundwater The proposed action may result in new or additional use of ground water, or may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1. D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t) If “Yes”, answer questions a - h. If “No”, move on to Section 5. NO YES Village Board of Trustees February 7, 2024 Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may require new water supply wells or create additional demand on supplies from existing water supply wells. D2c b. Water supply demand from the proposed action may exceed safe and sustainable withdrawal capacity rate of the local supply or aquifer. Cite Source: ________________________________________________________ D2c c. The proposed action may allow or result in residential uses in areas without water and sewer services. D1a, D2c d. The proposed action may include or require wastewater discharged to groundwater. D2d, E2l e. The proposed action may result in the construction of water supply wells in locations where groundwater is, or is suspected to be, contaminated. D2c, E1f, E1g, E1h f. The proposed action may require the bulk storage of petroleum or chemical products over ground water or an aquifer. D2p, E2l g. The proposed action may involve the commercial application of pesticides within 100 feet of potable drinking water or irrigation sources. E2h, D2q, E2l, D2c h. Other impacts: __________________ 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. (See Part 1. E.2) If “Yes”, answer questions a - g. If “No”, move on to Section 6. NO YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may result in development in a designated floodway. E2i b. The proposed action may result in development within a 100-year floodplain. E2j c. The proposed action may result in development within a 500 year floodplain. E2k d. The proposed action may result in, or require, modification of existing drainage patterns. D2b, D2e Village Board of Trustees February 7, 2024 e. The proposed action may change flood water flows that contribute to flooding. D2b, E2i, E2j, E2k f. If there is a dam located on the site of the proposed action, is the dam in need of repair, or upgrade? E1e g. Other impacts: _________________ 6. Impacts on Air The proposed action may include a state regulated air emission source. (See Part 1. D.2.f., D,2,h, D.2.g) If “Yes”, answer questions a - f. If “No”, move on to Section 7. NO YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. If the proposed action requires federal or state air emission permits, the action may also emit one or more greenhouse gases at or above the following levels: i. More than 1000 tons/year of carbon dioxide (CO2) ii. More than 3.5 tons/year of nitrous oxide (N2O) iii. More than 1000 tons/year of carbon equivalent of perfluorocarbons (PFCs) iv. More than .045 tons/year of sulfur hexafluoride (SF6) v. More than 1000 tons/year of carbon dioxide equivalent of hydrochloroflourocarbons (HFCs) emissions vi. 43 tons/year or more of methane D2g D2g D2g D2g D2g D2h b. The proposed action may generate 10 tons/year or more of any one designated hazardous air pollutant, or 25 tons/year or more of any combination of such hazardous air pollutants. D2g c. The proposed action may require a state air registration or may produce an emissions rate of total contaminants that may exceed 5 lbs. per hour or may include a heat source capable of producing more than 10 million BTU=s per hour. D2f, D2g d. The proposed action may reach 50% of any of the thresholds in “a” through “c”, above. D2g e. The proposed action may result in the combustion or thermal treatment of more than 1 ton of refuse per hour. D2s f. Other impacts: ____________ 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1. E.2. m.-q.) NO YES Village Board of Trustees February 7, 2024 If “Yes”, answer questions a - j. If “No”, move on to Section 8. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may cause reduction in population or loss of individuals of any threatened or endangered species, as listed by New York State or the Federal government, that use the site, or are found on, over, or near the site. E2o b. The proposed action may result in a reduction or degradation of any habitat used by any rare, threatened or endangered species, as listed by New York State or the federal government. E2o c. The proposed action may cause reduction in population, or loss of individuals, of any species of special concern or conservation need, as listed by New York State or the Federal government, that use the site, or are found on, over, or near the site. E2p d. The proposed action may result in a reduction or degradation of any habitat used by any species of special concern and conservation need, as listed by New York State or the Federal government. E2p e. The proposed action may diminish the capacity of a registered National Natural Landmark to support the biological community it was established to protect. E3c f. The proposed action may result in the removal of, or ground disturbance in, any portion of a designated significant natural community. Source: __________________________ E2n g. The proposed action may substantially interfere with nesting/breeding, foraging, or over-wintering habitat for the predominant species that occupy or use the project site. E2m h. The proposed action requires the conversion of more than 10 acres of forest, grassland or any other regionally or locally important habitat. Habitat type & information source: E1b i. Proposed action (commercial, industrial or recreational projects, only) involves use of herbicides or pesticides. D2q j. Other impacts: ________________ Village Board of Trustees February 7, 2024 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) If “Yes”, answer questions a - h. If “No”, move on to Section 9. NO YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may impact soil classified within soil group 1 through 4 of the NYS Land Classification System. E2c, E3b b. The proposed action may sever, cross or otherwise limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc). E1a, Elb c. The proposed action may result in the excavation or compaction of the soil profile of active agricultural land. E3b d. The proposed action may irreversibly convert agricultural land to non- agricultural uses, either more than 2.5 acres if located in an Agricultural District, or more than 10 acres if not within an Agricultural District. E1b, E3a e. The proposed action may disrupt or prevent installation of an agricultural land management system. El a, E1b f. The proposed action may result, directly or indirectly, in increased development potential or pressure on farmland. C2c, C3, D2c, D2d g. The proposed project is not consistent with the adopted municipal Farmland Protection Plan. C2c h. Other impacts: _____________ 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from, or are in sharp contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1. E.1.a, E.1.b, E.3.h.) If “Yes”, answer questions a - g. If “No”, go to Section 10. NO YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. Proposed action may be visible from any officially designated federal, state, or local scenic or aesthetic resource. E3h b. The proposed action may result in the obstruction, elimination or significant screening of one or more officially designated scenic views. E3h, C2b Village Board of Trustees February 7, 2024 c. The proposed action may be visible from publicly accessible vantage points: i. Seasonally (e.g., screened by summer foliage, but visible during other seasons) ii. Year round E3h d. The situation or activity in which viewers are engaged while viewing the proposed action is: i. Routine travel by residents, including travel to and from work ii. Recreational or tourism, based activities E3h E2q, E1c e. The proposed action may cause a diminishment of the public enjoyment and appreciation of the designated aesthetic resource. E3h f. There are similar projects visible within the following distance of the proposed project: 0-1/2 mile ½ -3 mile 3-5 mile 5+ mile D1a, E1a, D1f, D1g g. Other impacts: ________ 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological resource. (Part 1. E.3.e, f. and g.) If “Yes”, answer questions a - e. If “No”, go to Section 11. NO YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may occur wholly or partially within, or substantially contiguous to, any buildings, archaeological site or district which is listed on or has been nominated by the NYS Board of Historic Preservation for inclusion on the State or National Register of Historic Places. E3e b. The proposed action may occur wholly or partially within, or substantially contiguous to, an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory. E3f c. The proposed action may occur wholly or partially within, or substantially contiguous to, an archaeological site not included on the NY SHPO inventory. Source: ____________________________________________________________ E3g d. Other impacts: _____________ Village Board of Trustees February 7, 2024 If any of the above (a-d) are answered “Moderate to large impact may e. occur”, continue with the following questions to help support conclusions in Part 3: i. The proposed action may result in the destruction or alteration of all or part of the site or property. ii. The proposed action may result in the alteration of the property’s setting or integrity. iii. The proposed action may result in the introduction of visual elements which are out of character with the site or property or may alter its setting. E3e, E3g, E3f E3e, E3f, E3g, E1a, E1b E3e, E3f, E3g, E3h, C2, C3 11. Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities, or a reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1. C.2.c, E.1.c., E.2.q.) If “Yes”, answer questions a - e. If “No”, go to Section 12. NO YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may result in an impairment of natural functions, or “ecosystem services”, provided by an undeveloped area, including but not limited to stormwater storage, nutrient cycling, wildlife habitat. D2e, E1b E2h, E2m, E2o, E2n, E2p b. The proposed action may result in the loss of a current or future recreational resource. C2a, E1c, C2c, E2q c. The proposed action may eliminate open space or recreational resource in an area with few such resources. C2a, C2c E1c, E2q d. The proposed action may result in loss of an area now used informally by the community as an open space resource. C2c, E1c e. Other impacts: ______________ 12. Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical environmental area (CEA). (See Part 1. E.3.d) If “Yes”, answer questions a - c. If “No”, go to Section 13. NO YES Village Board of Trustees February 7, 2024 Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may result in a reduction in the quantity of the resource or characteristic which was the basis for designation of the CEA. E3d b. The proposed action may result in a reduction in the quality of the resource or characteristic which was the basis for designation of the CEA. E3d c. Other impacts: _________ 13. Impact on Transportation The proposed action may result in a change to existing transportation systems (See Part 1. D.2.j) If “Yes”, answer questions a - f. If “No”, go to Section 14. . NO YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. Projected traffic increase may exceed capacity of existing road network. D2j b. The proposed action may result in the construction of paved parking area for 500 or more vehicles. D2j c. The proposed action will degrade existing transit access. D2j d. The proposed action will degrade existing pedestrian or bicycle accommodations. D2j e.The proposed action may alter the present pattern of movement of people or goods. D2j f. Other impacts: ___________ 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. (See Part 1. D.2.k) If “Yes”, answer questions a - e. If “No”, go to Section 15. NO YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action will require a new, or an upgrade to an existing, substation. D2k Village Board of Trustees February 7, 2024 b. The proposed action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two-family residences or to serve a commercial or industrial use. D1f, D1q, D2k c. The proposed action may utilize more than 2,500 MWhrs per year of electricity. D2k d. The proposed action may involve heating and/or cooling of more than 100,000 square feet of building area when completed. D1g e. Other Impacts: __________________________ 15. Impact on Noise, Odor, and Light The proposed action may result in an increase in noise, odors, or outdoor lighting. (See Part 1. D.2.m., n., and o.) If “Yes”, answer questions a - f. If “No”, go to Section 16. NO YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may produce sound above noise levels established by local regulation. D2m b. The proposed action may result in blasting within 1,500 feet of any residence, hospital, school, licensed day care center, or nursing home. D2m, E1d c. The proposed action may result in routine odors for more than one hour per day. D2o d. The proposed action may result in light shining onto adjoining properties. D2n e. The proposed action may result in lighting creating sky-glow brighter than existing area conditions. D2n, E1a f. Other impacts: ____________ 16. Impact on Human Health The proposed action may have an impact on human health from exposure NO YES to new or existing sources of contaminants. (See Part 1.D.2.q., E.1. d. f. g. and h.) If “Yes”, answer questions a - m. If “No”, go to Section 17. Relevant Part I Question(s) No or small impact may occur Moderate to large impact may occur a. The proposed action is located within 1500 feet of a school, hospital, licensed day care center, group home, nursing home or retirement community. E1d Village Board of Trustees February 7, 2024 b. The site of the proposed action is currently undergoing remediation. E1g, E1h c. There is a completed emergency spill remediation, or a completed environmental site remediation on, or adjacent to, the site of the proposed action. E1g, E1h d. The site of the action is subject to an institutional control limiting the use of the property (e.g., easement or deed restriction). E1g, E1h e. The proposed action may affect institutional control measures that were put in place to ensure that the site remains protective of the environment and human health. E1g, E1h f. The proposed action has adequate control measures in place to ensure that future generation, treatment and/or disposal of hazardous wastes will be protective of the environment and human health. D2t g. The proposed action involves construction or modification of a solid waste management facility. D2q, E1f h. The proposed action may result in the unearthing of solid or hazardous waste. D2q, E1f i. The proposed action may result in an increase in the rate of disposal, or processing, of solid waste. D2r, D2s j. The proposed action may result in excavation or other disturbance within 2000 feet of a site used for the disposal of solid or hazardous waste. E1f, E1g E1h k. The proposed action may result in the migration of explosive gases from a landfill site to adjacent off site structures. E1f, E1g l. The proposed action may result in the release of contaminated leachate from the project site. D2s, E1f, D2r m. Other impacts: ___________ 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. (See Part 1. C.1, C.2. and C.3.) If “Yes”, answer questions a - h. If “No”, go to Section 18. NO YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action’s land use components may be different from, or in sharp contrast to, current surrounding land use pattern(s). C2, C3, D1a E1a, E1b b. The proposed action will cause the permanent population of the city, town or village in which the project is located to grow by more than 5%. C2 Village Board of Trustees February 7, 2024 c. The proposed action is inconsistent with local land use plans or zoning regulations. C2, C2, C3 d. The proposed action is inconsistent with any County plans, or other regional land use plans. C2, C2 e. The proposed action may cause a change in the density of development that is not supported by existing infrastructure or is distant from existing infrastructure. C3, D1c, D1d, D1f, D1d, Elb f. The proposed action is located in an area characterized by low density development that will require new or expanded public infrastructure. C4, D2c, D2d D2j g. The proposed action may induce secondary development impacts (e.g., residential or commercial development not included in the proposed action) C2a h. Other: ___________ 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. (See Part 1. C.2, C.3, D.2, E.3) If “Yes”, answer questions a - g. If “No”, proceed to Part 3. NO YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may replace or eliminate existing facilities, structures, or areas of historic importance to the community. E3e, E3f, E3g b. The proposed action may create a demand for additional community services (e.g. schools, police and fire) C4 c. The proposed action may displace affordable or low-income housing in an area where there is a shortage of such housing. C2, C3, D1f D1g, E1a d. The proposed action may interfere with the use or enjoyment of officially recognized or designated public resources. C2, E3 e. The proposed action is inconsistent with the predominant architectural scale and character. C2, C3 f. Proposed action is inconsistent with the character of the existing natural landscape. C2, C3 E1a, E1b E2g, E2h g. Other impacts: ___ 5. RESPONSE TO QUESTIONS SUBMITTED BY EMAIL: None Village Board of Trustees February 7, 2024 6. CORRESPONDENCE: a. Email from John Munson, Secretary of the Croton Fire Council requesting permission for the Croton Fire Department to hold the Annual “Big Bucks” Raffle. On motion by Trustee Murtaugh and seconded by Trustee Politi the Board of Trustees of the Village of Croton on Hudson approved the request from the Croton Fire Council to hold the annual “Big Bucks’ Raffle. Motion was approved with a 5-0 vote. b. Invitation to the public to review and comment on the Modernization of the Briarcliff-Peekskill Parkway Engineering Scoping Report from the New York State Department of Transportation. https://www.dot.ny.gov/briarcliffpeekskillparkwayreport The Board requested that the Village Manager put together a letter endorsing this project. 8. PUBLIC COMMENTS ON AGENDA ITEMS: Ed Riely, 110 Truesdale Drive, Croton on Hudson, asked why Board meetings were moved to Wednesday, asked why the Board is changing the Adult Entertainment law again, concerned that we are overdeveloping and urbanizing Croton, urged the Village to address the flooding issues at the train station and Senasqua Park, and suggested using the Gouveia property to house illegal immigrants. Eva Thaddeus, 9 Darby Avenue, Croton on Hudson, addressed the language regarding weeds in the proposed Property Maintenance Code and stated that she has some concerns because one person’s weeds might be another person’s natural landscaping and is concerned that the language in this law can be invoked by one neighbor against another neighbor who might have a different aesthetic point of view. Trustee Simon stated that given Ms. Thaddeus’ expertise in this area, he asked Ms. Thaddeus to forward any suggested language for the Board’s consideration. February 7, 2024 Kate Mamone, 19 Young Avenue, Croton on Hudson, stated that she is concerned about the Adult Entertainment Law, adult entertainment can be in your own private home, but not out in the public. 9. RESOLUTIONS: Resolution #19-2024 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 Board has been reviewing the rules and regulations associated with Senasqua Park for a number of months, and WHEREAS the Village Manager and Superintendent of Recreation have developed new rules and regulations based on the input received from these work sessions, NOW THEREFORE BE IT RESOLVED that the Village Board hereby adopts the rules and regulations for the use of Senasqua Park as attached hereto. Resolution #20-2024 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 of Croton-on-Hudson would like to amend provisions of Chapter 204 of the Code of the Village of Croton-on-Hudson to increase the real property tax exemption for qualifying Cold War veterans and to amend the alternative veterans tax exemption to provide for an exemption for Gold Star parents, and WHEREAS Local Law Introductory No. 2 of 2024 was drafted for such purposes, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby schedules a Public Hearing on Wednesday, February 28, 2024, at 7:00 PM in the Georgianna Grant Meeting Room of the Stanley H. Kellerhouse Municipal Building to consider Local Law Introductory No. 2 of 2024 to increase the real property tax exemption for qualifying Cold War veterans and to provide an exemption for Gold Star parents. Resolution #21-2024 Village Board of Trustees February 7, 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 Board of Trustees adopted Local Law 5 of 1994 to create Chapter 66, Adult Entertainment Use Businesses, on July 11, 1994, and WHEREAS over the past 30 years, certain definitions have changed, which require the Code to be updated, and WHEREAS the Village Attorney has also recommended that such regulations be placed in Chapter 230, Zoning, of the Village Code, rather than as a standalone chapter, and WHEREAS Local Law Introductory No. 3 of 2024 has been drafted for such purposes, NOW THEREFORE BE IT RESOLVED: 1. The Village Board hereby determines that the Proposed Action is an Unlisted action and declares itself to be the Lead Agency for SEQRA purposes. 2. The Village Board hereby issues the Environmental Assessment Form (EAF) and Coastal Assessment Form (CAF) which it has before it in connection with the Proposed Action. 3. 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. 4. 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. 5. 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. 6. 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 Attorney Whitehead stated that this is already in the Village’s Code and is currently permitted in the Light Industrial District, what we are doing this evening is moving it into the Zoning Chapter where it belongs, and updating some of the definitions which were very old and outdated. Village Attorney Whitehead stated that because this Village Board of Trustees February 7, 2024 is a constitutional/free speech issue a community cannot prohibit this use and a community must provide a location in their municipality where it would be permitted. Trustee Murtaugh stated that the Village could be liable if we were being too restrictive and as the Village Attorney stated, this is just moving it from one section of the Village Code to another. Resolution #22-2024 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 New York State enacted legislation in 2012 that established a “property tax cap” on the amount that a local government’s property tax levy can increase each year, and WHEREAS under this law, the total amount to be raised through property taxes charged on the municipality’s taxable assessed value of property, is capped at 2% or the rate of inflation, whichever is less, with some exceptions, and WHEREAS the rate of inflation this year has been set by the State Comptroller’s Office at 4.37 % for municipalities operating on a June through May fiscal year, and WHEREAS the state legislation provides for local governments to override the cap to protect the Village from unforeseen financial circumstances, and WHEREAS the state legislation requires that in the event an override is necessary, the law enabling it must already have been adopted by the Board of Trustees, and WHEREAS Local Law Introductory No. 4 of 2024 has been drafted to override the “property tax cap” law enacted by State Legislature, if necessary, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby calls for a Public Hearing on February 28, 2024, at 7:00 PM in the Georgianna Grant Meeting Room of the Stanley H. Kellerhouse Municipal Building to consider Local Law Introductory No. 4 of 2024 to override the “property tax cap” law enacted by State Legislature. Village Manager Healy explained that we have done this in the past and emphasized that if we do not pass this and we go over the Tax Cap the Village could be subject to a penalty. February 7, 2024 Resolution #23 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 is interested in conducting a review of the organizational structure and functions of its Engineering Department, and WHEREAS the Village is seeking professional consulting services for the review, and WHEREAS a proposal has been received from the Laberge Group of Albany, New York, in the amount of $43,750, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby authorizes the Village Manager to accept the proposal as presented by the Laberge Group in an amount not to exceed $43,750, and BE IT FURTHER RESOLVED that the Village Treasurer is authorized to make the following budget amendment to the 2023-2024 General Fund budget as follows: Account # Name of account Amount A1440.4000 Engineer - Contractual $43,750 GENERAL REVENUES Increase Account # Name of Account Amount A1000.2401 Interest & Earnings $43,750 DISCUSSION Trustee Simon stated that the work and complexity of our Engineering Department is growing and believes this is a wise thing to do in light of Federal, State and Regional regulations which they must work under, it is also a worthy effort from time to time to take a look at how our Departments are structured and to find ways to make improvements if necessary. Trustee Murtaugh stated that while this amount is a lot of money it is two tenths of one percent of our budget, which is a small amount to pay for an expert analysis of a department that is so critical to the Village. Trustee Murtaugh stated that what he hopes Village Board of Trustees February 7, 2024 to get from this analysis is some information of how to streamline the department to make it more efficient and looks forward to hearing what they have to say. Trustee Simon reminded everyone that our Engineering Department not only does Engineering, but it also deals with Planning, Zoning, Code Enforcement and several other key functions. Resolution #24 of 2024 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 has purchased a new Fire Boat to replace the Fire Department’s Marine 12 vessel, which has been retired after 30 years of service, and WHEREAS the Fire Boat was purchased off a GSA contract, which allowed the Village to receive competitive pricing without going to bid, and WHEREAS continuing discussions with the manufacturer has led to Change Order 1 being drafted, with a change amount of $25,137.50, and WHEREAS this change order will allow for a forward-looking infrared (FLIR) camera to be installed on the boat to search for potential victims in low light/dark situations, NOW THEREFORE BE IT RESOLVED that the Village Board hereby authorizes the Village Manager to sign Change Order 1 with Inventech Marine Solutions LLC, of Bremerton, WA, in the change amount of $25,137.50. Resolution #25 of 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 parking permit management system currently used by the Village to monitor the Croton-Harmon Train Station parking lot has become unreliable, and WHEREAS the Village has received a proposal from Integrated Technical Systems, Inc., (ITS) of Parsippany, New Jersey, to implement a new parking permit management system for the amount of $9,750, and Village Board of Trustees February 7, 2024 WHEREAS ITS currently administers the parking lot pay stations, ensuring that communication between the two systems will be seamless, NOW THEREFORE BE IT RESOLVED that the Village Board hereby authorizes the Village Manager to accept the proposal from ITS in the amount of $9,750, and BE IT FURTHER RESOLVED that the Village Treasurer is authorized to amend the 2023- 2024 General Fund Budget as follows: Account # Account Name Amount A5650.4000 Parking - Contractual $9,750 GENERAL REVENUES Increase Account # Account Name Amount A5650.1720 Parking - Permits $9,750 Resolution 26 of 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 Board of Trustees has received from the Treasurer of the Village of Croton- on-Hudson an account of unpaid taxes describing each parcel of real property upon which taxes are unpaid and showing the person or persons in whose name the property is assessed and the amount of unpaid tax, together with a verified statement from the Treasurer that the taxes in such account remain unpaid and that he has been unable to collect same, and WHEREAS the Board of Trustees has compared the amount of unpaid taxes with the original tax rolls and has found the account to be correct and the total amount of taxes, penalties, and charges unpaid to be $79,518.55, NOW THEREFORE BE IT RESOLVED that the Board of Trustees hereby gives notice to these property owners about their unpaid tax balances, and BE IT FURTHER RESOLVED that the Treasurer of the Village of Croton-on-Hudson be and is authorized, empowered and directed to take all action prescribed by law to collect such Village Board of Trustees February 7, 2024 unpaid taxes through the advertisement and sale of taxes or tax liens pursuant to Section 1455 of the Real Property Tax Law of the State of New York, and BE IT FURTHER RESOLVED that the Board of Trustees hereby designates March 18, 2024, as the tax lien sale date for the Village of Croton-on-Hudson, New York, and BE IT FURTHER RESOLVED that such sale shall be held on that date at 11 a.m. prevailing time in the Village Treasurer’s office in the Stanley H. Kellerhouse Municipal Building, 1 Van Wyck Street, Croton-on-Hudson, New York, and BE IT FURTHER RESOLVED that the advertisement of the notice required by law be inserted in The Gazette, the official newspaper of the Village, and that said notice shall be published once a week for three consecutive weeks, and the last date for publication shall be made on or before the 10th day of March 2024. Resolution #27 of 2023 On motion of TRUSTEE NICHOLSON, 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 a section of the railing at the Senasqua Park walkway was damaged during a coastal storm on January 9, 2024, and WHEREAS the cost of repairing the damage is $4,320, and WHEREAS, fencing at Black Rock Dog Park was damaged during recent flooding of the Croton River, and WHEREAS the cost of repairs is $6,549.50, and WHEREAS as the damage was flooding-related, it is not covered through our regular casualty insurance, and WHEREAS funding for these expenses 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 $10,869.50 from Contingency Account A1990.4000 to the following account: A7110.4140 – Parks – Playground Equipment & Grounds: $10,869.50 DISCUSSION: February 7, 2024 Trustee Simon stated that we are taking action to address the issue of resiliency and flooding at the train station and Croton Landing, and we have a couple of applications out for some Federal dollars. Village Manager Healy stated that we will be speaking with our insurance company as our policy renewal comes up on June 1st to see if we can get any sort of coverage for the fencing. Resolution #28 of 2025 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 Climate Smart Community (CSC) Program is a New York State program that helps local governments take action to reduce greenhouse gas emissions and adapt to a changing climate, and WHEREAS CSC has incorporated a certification program to document and celebrate the accomplishments of leading communities in the program, and WHEREAS on April 6, 2009, the Board of Trustees adopted a resolution declaring the Village of Croton-on-Hudson a Climate Smart Community, and WHEREAS on September 24, 2020, the Village of Croton-on-Hudson was certified as a silver-level Climate Smart Community, the highest available ranking, and is currently one of ten silver-level communities in New York State, and WHEREAS the certification for Croton-on-Hudson will expire on September 30, 2025, and WHEREAS the process of recertification requires extensive documentation, and WHEREAS the Village desires to fund a part-time employee to complete the recertification process, 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 $10,000 from Contingency Account A1990.4000 to the following account(s): A1230.1100 – Manager – Personnel Services Part Time: $10,000 Village Board of Trustees February 7, 2024 DISCUSSION: Trustee Simon explained that this is as much of an investment since we get so much of a payback from NYSERDA which runs the Climate Smart Communities Program, according to our Sustainability Chair, Lindsay Audin, the Village is due for a very substantial increase in funding in this calendar year and getting certified and making sure we are in good shape with respect to all the paperwork and documentation is a pre-requisite. Resolution #29 of 2023 On motion of TRUSTEE MURTUAGH, 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 assumed the ownership of and maintenance requirements for the Half Moon Bay Bridge over the Metro-North Railroad tracks in 1996, and WHEREAS in order to address past safety issues and the proper maintenance of the bridge, the Village is moving ahead with the rehabilitation and reconstruction of the Half Moon Bay Bridge, and WHEREAS the Reconstruction Project, PIN 8763.05 (the “Project"), is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and WHEREAS on April 23, 2023, in order to advance the Project, the Village Board authorized the Village of Croton-on-Hudson to pay in the first instance 100% of the federal and non-federal share of the cost of preliminary engineering work for the project or portions thereof, and WHEREAS a sum of $400,000 was appropriated and made available to cover the cost of participation in the above phase of the Project, and WHEREAS the Village has received a proposal from Tectonic Engineering of Rocky Hill, Connecticut, to provide consulting and engineering design services related to the reconstruction of the Half Moon Bay Bridge, and NOW THEREFORE BE IT RESOLVED that the Village Board hereby authorizes the Village Manager to accept Sections 1 through 8 of the proposal from Tectonic Engineering of Rocky Hill, Connecticut, in the not-to-exceed amount of $199,140, and Village Board of Trustees February 7, 2024 BE IT FURTHER RESOLVED that funding for such proposal is available in the following capital accounts: H5110.2106.15287 - $199,140.00 DISCUSSION: Trustee Simon thanked the Village Manager, his team, the Department of Public Works and former Congressman Jones who provided this funding through a special program, for all their hard work, it is important that these projects be implemented in a timely fashion, and he is glad that we are making so much progress. 10. PUBLIC COMMENTS ON NON-AGENDA ITEMS: Kate Mamone, 19 Young Avenue, Croton on Hudson, objected to how the Republican Party was depicted at a recent event at the Croton Library, it was very unprofessional and expressed her disappointment on what was presented. Ed Riely, 110 Truesdale Drive, Croton on Hudson, asked for an apology from the Hansberry Committee and the Village for their depiction of the Republican Party, addressed issues relating to the October 7th attack in Israel, addressed the controversial election in Bridgeport, Ct., advised that Kimberly Borges from Croton is the only woman certified as a Captain in the Merchant Marines and looks forward to the upcoming flag raising ceremony. 11. APPROVAL OF MINUTES Motion to approve the minutes as amended of the Regular Meeting held on January 24, 2024, was made by Trustee Simon. The motion was seconded by Trustee Nicholson and approved with a 5-0 vote. Motion to approve the minutes of the Executive Session held on January 24, 2024, was made by Trustee Nicholson. The motion was seconded by Trustee Simon and approved with a 5-0 vote. Motion to approve the minutes of the Work Session held on January 31, 2024, was made by Trustee Simon. The motion was seconded by Trustee Murtaugh and approved with a 5-0 vote. 12. REPORTS: February 7, 2024 Trustee Nicholson commended the four Croton students on their documentary on Lorraine Hansberry’s life’s work that they presented at the Croton Library, she attended the Mayor’s Conference of the New York Conference of Mayors last week, among the many things that were discussed, the State Comptroller advised that ninety-five percent of the jobs that were lost during Covid have been recovered, local Sales Tax is up four percent, and the Governor’s Budget shows a four and a half percent increase, the Arts and Humanities Committee met and they are working on the third jazz concert. Trustee Simon advised that this past weekend he had the opportunity to officially thank former Chief John Munson for his service at his retirement party, advised that he had the opportunity to be present when Governor Hochul launched the Pro-Housing Communities Program, a statewide initiative to give priority consideration for up to $650 million in State discretionary funds to localities committed to housing growth and is pleased to advise that Croton has been notified that we are one of twenty communities that have been selected, and thanked Bird Commissioner Cary Andrews for putting on a wonderful seminar on the problem of bird striking. Trustee Murtaugh advised that he zoomed in on a meeting of The Advisory Board of the Visual Environment where they talked about understanding their role and asked Village Manager Healy to reach out to them, zoomed in on the Planning Board meeting where they discussed the proposed café at 130 Grand Street, as well as the expansion of the Music School thanked Sustainability Chair, Lindsay Audin, for all his efforts on behalf of the Village, a screening will be held tomorrow night at the Library hosted by the 125th Anniversary Committee highlighting long time Croton residents talking about the old, current and future Croton, our new Police Officer will officially start on February 14th and will be spending some time learning the streets of Croton, and thanked Eva Thaddeus for her comments on the proposed weeds and brush legislation Trustee Politi advised that she attended the recent Eaglefest, she looks forward to looking at the weeds and brush law in more detail and directed everyone to the Village’s website for more information on the IDEA Committee’s events. Mayor Pugh thanked everyone involved in putting together a very successful Eaglefest, commended Croton students on their documentary presentation Village Board of Trustees February 7, 2024 at the Croton Library on Lorraine Hansberry, Sustainability Chair, Lindsay Audin received the Impact Award from the Hudson Valley Regional Council recognizing his contributions in the Village’s fight against climate change, recognized past Fire Chief John Munson for his many years of service to Croton and thanked the Fire Department for recognizing the DPW crew who renovated the Firehouse. Mayor Pugh emphasized that the Croton Free Library is a tax-payer entity and is not an appendage of Village Government and because it is a public institution they make their facilities available regardless of viewpoint, this Saturday, Assemblywoman Dana Levenberg will be holding a Town Hall discussion at the Croton Library. Village Manager Healy advised that The Advisory Board of the Visual Environment is one of the few Boards that are codified, they are allowed to submit advisory reports to the Village Board and he will be more than happy to reach out to them to discuss their role, he and Village Engineer Dan O’Connor visited the construction project at 25 South Riverside Avenue and is happy to report that the project is proceeding according to the approved plans, the current retaining wall is not the final product but one layer of what will be the permanent retaining wall and they hope to have the entire project completed by next spring, the retaining wall behind 425 South Riverside Avenue is currently being repaired in accordance with the directions that were issued by the Planning Board, the Court Room has officially reopened and thanked DPW for the great job they did, bids for the Grand Street retaining wall are due tomorrow and once the bids are reviewed we hope to make an award at the February 28th meeting, the Tentative Assessment Roll was published on Thursday and is available on our website and Grievance Day is scheduled for February 20th. 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 Politi and approved with a 5-0 vote. The meeting was adjourned at 8:45pm.