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minutes 14 pages

Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY, held on Wednesday, April 10, 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 23245256 through 23245493. The Motion was seconded by Trustee Nicholson and approved with a 5-0 Vote. $127,957.66 Water Fund $20,984.56 Sewer Fund $7,582.69 Capital Fund $29,991.19 Trust Fund - 3. PUBLIC HEARING: Public Hearing to consider Local Law Introductory No. 6 of 2024, amending Chapters 108 and 168 of the Village Code to permit leashed dogs in Gouveia Park A motion was made by Trustee Politi and seconded by Trustee Nicholson to open a Public Hearing to consider Local Law Introductory No. 6 of 2024, amending Chapters 108 and 168 of the Village Code to permit leashed dogs in Gouveia Park. The motion was approved with a 5-0 vote. 03/ad82638c9f67e1401b33b3d603b3ed2141d7f6b1.pdf Stuart Greenbaum, 48 Mount Airy Road, Croton on Hudson, stated that he supports the proposed Local Law allowing leashed dogs in Gouveia Park and also encouraged the Board to look at the signage at Croton Landing with respect to the rules and regulations for walking dogs on the path. April 10, 2024 Ed Riely, 110 Truesdale Drive, Croton on Hudson, supports allowing dogs in Gouveia Park which he believes will increase the utilization of the Park. Sherry Horowitz, 119 Maple Street, Croton on Hudson, stated that because there are no pathways and the only place to walk a dog would be on the lawn she does not support this Local Law. Trustee Horowitz stated that you can pick up poop, but you cannot pick up urine and with families coming with blankets and wanting to put them on the lawn, this could be an issue. Ms. Horowitz said that Croton is very dog friendly, we already allow dogs at Croton Landing, Black Rock Park, and our trails and does not think we should allow dogs at Gouveia Park. Written Comment: Email from Hallie and Cliff Clarke, 28 Quaker Bridge Road, Croton on Hudson, supporting the Recreation Advisory Council’s recommendation to permit leashed dogs at Gouveia Park. Email from Charles Karp and Deborah Cohen, 20 Quaker Bridge Road, Croton on Hudson stated that they think the RAC's recommendation to permit leashed dogs at Gouveia Park is a good idea. Dogs and their owners would undoubtedly welcome another space where they could play and exercise. Providing disposable waste bags would help keep the park clean and sanitary. There being no comments to come before the Board, a motion to close the Public Hearing was made by Trustee Simon. Motion was seconded by Trustee Nicholson and approved with a 5-0 vote. Resolution #69-2024 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 in accordance with the recommendation put forth by the Recreation Advisory Committee, the Village of Croton-on-Hudson would like to amend Chapter 108, Dogs, and 168, Parks and Recreation Areas, of the Village Code to permit leashed dogs in Gouveia Park, and WHEREAS Local Law Introductory No. 6 of 2024 was drafted for such purposes, and Village Board of Trustees April 10, 2024 WHEREAS the Village Board held a public hearing to consider Local Law Introductory No. 6 of 2024, which was opened and closed on April 10, 2024, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby adopts Local Law Introductory No. 6 of 2024, to amend Chapters 108 and 168 of the Village Code to permit leashed dogs in Gouveia Park, which upon adoption becomes Local Law No. 8 of 2024. DISCUSISON: Trustee Murtaugh stated that Sherry Horowitz’s comments are well taken and suggested posting a sign at Gouveia that this is a picnic area. Trustee Politi stated that there are trails that exist on the property and maybe we can consider that as the area to walk dogs. Trustee Simon stated that he is inclined to move forward with the resolution and then we can address some of these concerns with the Recreation Department and the Recreation Advisory Committee. 4. RESPONSE TO QUESTIONS SUBMITTED BY EMAIL - none. 5. CORRESPONDENCE: a. Request from Marie Roche, Associate Director of Education Programs at Teatown, requesting to hold a Trout Release school program at Silver Lake on May 2nd and May 8th. On motion by Trustee SIMON and seconded by Trustees POLITI the Board of Trustees of the Village of Croton on Hudson approved the request from Marie Roche, Associate Director of Education Programs at Teatown, requesting to hold a Trout Release school program at Silver Lake on May 2nd and May 8th. Motion was approved with a 5-0 vote. 6. PRESENTATION FROM COUNTY EXECUTIVE GEORGE LATIMER AND DEPUTY COUNTY EXECUTIVE KEN JENKINS To hear the entire presentation, you may log onto the following: https://play.champds.com/crotononhudsonny/event/948 (section 00.58.45) Following the presentation the following comments were made: April 10, 2024 Trustee Simon thanked the County Executive’s team for all their assistance with helping the Maple Commons affordable housing development come to fruition and we look forward to continuing our partnership with Westchester County. Trustee Simon also addressed Croton’s flood control issues since it has a direct relationship to what Croton can do in the future for housing and looks forward to working with the County on this issue as well. Trustee Murtaugh advised that next fall the Croton School District will be experiencing field shortage and asked if there was any potential for the School District to reach out to the County to get some favorable rates to use some of their fields at Croton Point Park. Trustee Murtaugh also addressed an issue that has been brought up to the Board by one of their constituents regarding the lack of taxes to Croton from the MTA and their impact on Croton’s emergency services and asked if there is any way to think about some sort of a “Pilot” (Payment in Lieu of Taxes) program. County Executive Latimer suggested that the School District reach out to his office to set up a meeting to discuss field use at Croton Point Park. County Executive Latimer responded to the question regarding the MTA and stated that he believes that this is something that will be difficult to do and ultimately it is a decision that would be made at the State Government level. County Executive Latimer stated that MTA’s finances are very weak and it is one of the reasons why they have pushed for the “Congestion Pricing” program as a revenue stream. County Executive Latimer stated that he believes they will be highly resistant to a payment in lieu of taxes but we should still have a discussion and include both Senator Harckham and Assemblywoman Levenberg to try to get a sense of what it will take in Albany to purse this. Trustee Murtaugh stated that our Police, Fire and EMT respond to emergencies several times a day at the MTA facility. Trustee Nicholson stated that fifteen to twenty percent of our EMT calls are from the MTA, which is a considerable number. Trustee Nicholson stated that there is no longer is a Fire Brigade on the MTA property, and it is our Fire Department that responds to these emergencies and from a public safety perspective there should be an opportunity for discussion. County Executive Latimer stated that addressing these considerable amounts of municipal services might be the way to address this and he will report back to the Board as they make progress. April 10, 2024 Mayor Pugh thanked County Executive Latimer and Deputy County Executive Jenkins for coming to the meeting, he thanked the County’s investment in Croton Point park and looks forward to the County including the revitalization of the pool on the park grounds because there is a long-standing need in Westchester. Mayor Pugh also thanked them for their partnership on housing, we rely very much on the technical guidance from the Pace University Land Use Law Center and thanked the staff for their support. 7. PUBLIC COMMENTS ON AGENDA ITEMS: John Ealer, 5 Prickly Pear Hill Road, Croton on Hudson and member of the Conservation Advisory Committee thanked the Board for their support of “Clean” and the efforts to adopt 9A. Trustee Simon commended Mr. Ealer for all the work they are doing with “Clean”. Trustee Simon stated that Mr. Ealer also has some suggestions with respect to Gouveia and looks forward to hearing those suggestions as well. Ed Riely, 110 Truesdale Drive, Croton on Hudson, stated that the State of New York is a major polluter, yet the Indian Brook Croton/Gorge Intermunicipal Watershed Overlay District Agreement left out the New York State Department of Transportation, as well as other polluters in the area. Mr. Riely stated that Croton has too many signs throughout the Village, and many should be taken down and that when another government entity takes down trees, we should apply the same standards to them with respect to replacing those trees. 8. PROPOSED RESOLUTIONS: Resolution #70-2024 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 the Village of Croton-on-Hudson utilizes License Plate Recognition (LPR) devices to enhance parking enforcement activities within the community, and WHEREAS maintenance and upkeep of the LPR devices are essential for ensuring the continued effectiveness and efficiency of parking and law enforcement operations, and Village Board of Trustees April 10, 2024 WHEREAS SecureWatch24 of New York, NY, has proposed a Premier Maintenance Plan to provide for ongoing maintenance and repair of the LPR devices, thereby ensuring optimal functioning of the systems, NOW THEREFORE BE IT RESOLVED that the Village Manager is hereby authorized to sign the Premier Maintenance Plan for the LPR system on behalf of the Village of Croton-on- Hudson at an annual cost of $3,600, and BE IT FURTHER RESOLVED that funding for this expense is available in the following account: A5650.4000 – Parking – Contractual. Resolution 71-2024 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 the Village of Croton-on-Hudson recognizes the importance of maintaining a litter-free and attractive environment along State Highway R.O.W. segments within its jurisdiction, and WHEREAS the New York State Department of Transportation (NYSDOT) and CLEAN Croton on Hudson, a subcommittee of the Conservation Advisory Council, represented by the Village Manager’s Office, have expressed mutual interest in entering into an Adopt-A- Highway Agreement to facilitate roadside maintenance activities, and WHEREAS the terms and conditions outlined in the Adopt-A-Highway Agreement are deemed reasonable and necessary to ensure the safety of participants and the traveling public while conducting maintenance activities, NOW THEREFORE BE IT RESOLVED that the Village Manager is hereby authorized to execute the Adopt-A-Highway Agreement with the New York State Department of Transportation on behalf of the Village of Croton-on-Hudson. DISCUSSION The Board of Trustees stated that this is a great initiative and thanked the Conservation Advisory Committee and the “Clean” Committee for moving forward on this. Resolution #72-2024 Village Board of Trustees April 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 property located at 47 Harrison Street, known as Sheet 68.17, Block 2, Lot 18 on the tax map of the Village of Croton-on-Hudson, encroaches onto Village-owned property within the Harrison Street right-of-way, and WHEREAS the encroachments have existed since at least 1935 without interference with the operation and maintenance of the Village street, and WHEREAS it is in the best interest of the Village of Croton-on-Hudson to formalize the existing encroachment through a license agreement with the owners of 47 Harrison Street, and WHEREAS the License Agreement attached hereto outlines the terms and conditions for the use and occupation of the encroached portion of the Village-owned property by the Licensee, NOW THEREFORE BE IT RESOLVED that the Village Manager is hereby authorized to sign the License Agreement with the owners of the property located at 47 Harrison Street, subject to review and approval by the Village Attorney, to formalize the existing encroachment as outlined in the agreement attached hereto. Village Attorney Whitehead explained that to satisfy the buyer’s bank and the Title Company, we put language in the License Agreement that the Agreement will remain in place so long as the existing house is there. Village Attorney Whitehead explained that while a municipality does not generally give exclusive use of their rights-of-way, and they are typically revocable agreements, this is a very wide right-of- way and the License Agreement will not interfere with the use of the roadway. Resolution #73-2024 On motion of TRUSTEE POLITI, 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 in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS Arbor Day is now observed throughout the nation and the world, and Village Board of Trustees April 10, 2024 WHEREAS trees provide an abundance of environmental and aesthetic advantages to citizens and wildlife, wherever they are found, and WHEREAS trees in our Village increase property values, enhance the economic vitality of business areas, and beautify our community, and WHEREAS the Village of Croton-on-Hudson has been recognized as a Tree City USA by the National Arbor Day Foundation since 1984 and desires to continue its tree-planting program, NOW THEREFORE BE IT RESOLVED that the Village of Croton-on-Hudson, on behalf of the Village Board of Trustees, does hereby proclaim April 26, 2024, as “Arbor Day”, and BE IT FURTHER RESOLVED that all residents of the Village of Croton-on-Hudson are urged to support efforts to preserve our urban forests, cool our streets, clean our air, reduce our carbon footprint and improve our overall state of wellbeing. Resolution #74 of 2024 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 in February 2024, the Village of Croton-on-Hudson authorized the upgrade of its utility billing software with Tyler Technologies, and WHEREAS the Village currently uses NSight software for collecting water meter readings and uploading data into the billing software. and WHEREAS support for the NSight software is ending and the Village’s vendor, RIO Supply Inc. of New York, NY, has provided a quote in the amount of $7,800 for Neptune360 software to replace Nsight, and WHEREAS by integrating Neptune360 alongside Tyler Technologies' utility billing software, the Village anticipates a more efficient and economical implementation process, NOW THEREFORE BE IT RESOLVED that the Village Treasurer is authorized to make the following budget transfers in the 2023-2024 Water and Sewer Fund budgets as follows: WATER & SEWER EXPENSES Decrease F1990.4000 Contingency Water $3,900.00 Village Board of Trustees April 10, 2024 G1990.4000 Contingency Sewer $3,900.00 Increase F8310.4000 Water Admin. Contractual $3,900.00 G8120.4000 Sewer-Contractual $3,900.00 Resolution #75 of 2024 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 the Recreation Department offers a variety of programs, classes, and special events to residents, and WHEREAS there has been a significant increase in both participation in these activities and the accompanying costs in recent years, and WHEREAS the Recreation Department has submitted a request for a budget transfer to cover the compensation of instructors for the winter and spring classes provided, 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 $2,200 from Account A7180.1100-Special Recreation Facilities Personnel Service PT to the following account: A7140.1100– Playgrounds & Rec Personnel Services PT: $2,200 Resolution #76 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 in September of 2023, the Village hired a part-time staff member to conduct a thorough examination of building permits and certificates of occupancy spanning the 1930s, 1940s, and 1950s, aiming to identify outstanding permits lacking certificates of occupancy, and Village Board of Trustees April 10, 2024 WHEREAS 2,421 entries have been uncovered, spanning from 1931 to 1959, with an approximate 2,000 entries necessitating review to determine if they contain open permits without certificates of occupancy, and WHEREAS the review is estimated to be completed by the end of May, and WHEREAS the Village Engineer has requested an additional $3,000 in funding to cover the completion of the work, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby authorizes the Village Treasurer to transfer $3,000 from Contingency Account A1990.4000 to the following account: A1440.1100 Engineer- Personnel Services P/T: $3,000 Resolution #77 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 on February 28, 2024, the Village Board authorized the award of the bid to replace the retaining wall on the lower side of Grand Street along the properties of 25 Grand Street and 33 Grand Street to Catalyst Construction, LLC of Middletown, New York, in the amount of $236,565.30, and WHEREAS it was subsequently determined there was a non-material irregularity in the bid from Catalyst Construction in that the bid was based on the original quantity of 1200 square feet of segmental retaining wall rather than 800 square feet for this item as set forth in the Bid Addendum, and WHEREAS the segmental retaining wall portion of the bid is a unit price bid and actual payment will be based upon the actual quantity utilized, and WHEREAS the Village and Westchester County recalculated the bids to correct the math and determined with this correction Catalyst Construction, LLC remained the low bidder, and WHEREAS Catalyst Construction, LLC has submitted the acknowledgement of receipt of the addendum and corrected itemized proposal sheet reflecting a corrected total bid of $192,945.30, and Village Board of Trustees April 10, 2024 WHEREAS the irregularity of the Catalyst bid has been determined to be non-material and to not have negatively impacted any other bidder or given Catalyst any competitive advantage, and it is in the best interest of the Village to allow Catalyst to make this correction and amend the contract, NOW THEREFORE BE IT RESOLVED that the Village Board authorizes the Village Manager to execute an amendment to the Contract with Catalyst Construction, LLC to incorporate the corrected Itemized Proposal and reduce the total bid to the amount of $192,945.30. Resolution #78 of 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 the Village Justice Court maintains an annual operating budget with contractual expenses tied to services and hearings as needed, and WHEREAS more stenographic and interpreter services were required this fiscal year than anticipated, and WHEREAS these expenses were not included in the 2023-2024 General Fund Budget, NOW THEREFORE BE IT RESOLVED the Village Board authorizes the Village Treasurer to make the following transfers in the 2023-2024 General Fund Budget: A1110.4000 - Justice Court Contractual $ 4,135.05 A1110.4200 - Justice Court-Supplies $ 131.00 Decrease A1110.1100 – Justice Court-Personnel Services PT $ 4,266.05 9. PUBLIC COMMENTS ON NON-AGENDA ITEMS: Marilyn Grantner, 115 Cleveland Drive, Croton on Hudson, stated that there is a proposed change to the Senior Club By-Laws that members in good standing that have lived in Croton or the School District but who have moved to neighboring towns will be allowed to remain members of the Croton Senior Club. Ms. Grantner also indicated that there was a discussion regarding Village Board of Trustees April 10, 2024 Croton Caring luncheons and whether former residents could attend those luncheons. Ms. Grantner acknowledged that Croton Caring is not under the Village's purview but wanted to bring it to the Board's attention. Ed Riely, 110 Truesdale Drive, Croton on Hudson stated that he is concerned that local residents will not be able to get housing at Maple Commons. Email from Toni Senecal of the Croton Business Council stating that businesses are still experiencing impacts from the pandemic and allowing street vending on Saturdays would help them to make up for some of those losses. Trustee Politi read a list of businesses on Old Post Road and Grand Street that are in support of allowing vending on Saturdays and asked the Board to move on this tonight. Mayor Pugh stated that this has been discussed in the past and it needs to be studied further before we make a final decision, there are many moving parts to this and believes it would be best to continue the discussion in an upcoming work session. 10. APPROVAL OF MINUTES Motion to approve the minutes of the Work Session held on March 20, 2024, was made by Trustee Politi. The motion was seconded by Trustee Simon and approved with a 5-0 vote. Motion to approve the minutes as amended of the Regular Meeting held on March 27, 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 April 3, 2024, was made by Trustee Simon. The motion was seconded by Trustee Murtaugh and approved with a 5-0 vote. Motion to approve the minutes of the Executive Session held on April 4, 2024, was made by Trustee Simon. The motion was seconded by Trustee Politi and approved with a 5-0 vote. 11. REPORTS: April 10, 2024 Trustee Nicholson stated that some of the issues that have been brought up at our meetings are deeply personal issues and she does not believe they should be debated in this forum. Trustee Nicholson stated that camp spots are filling up and encouraged residents to sign up if they have not done so, encouraged residents to sign up for Cleans next clean-up day scheduled for June 1st, Earth Day events will be held on April 27 and encouraged residents to visit the Village’s website for more upcoming events. Trustee Simon stated that he and Village Manager Healy attended a meeting with the Mid-Hudson Regional Economic Council exploring various grant possibilities for the Village, the Vietnam Veterans Remembrance Day ceremony hosted by Town of Cortland this year was held on March 28th, on March 28th a second Maple Commons information session was held, with a third session held this afternoon, on April 2nd he attended the annual meeting of Feeding Westchester, participated in a Pro-Housing Community Summit by the Regional Plan Association, attended the annual meeting of the New York Planning Federation in Saratoga Springs where Ann Gallelli was posthumously awarded the “Levine Community Service Award, he was honored to be able to talk about Ann’s accomplishments and share all that she did for Croton, participated in a zoom meeting regarding a Sister City program run by USAID to assist cities in Ukraine. Trustee Murtaugh advised that since the adoption of the Accessory Dwelling Law the Planning Board has legalized two Accessory Dwellings and encouraged those that have not moved forward with the process to do so to avoid any penalties. Trustee Murtaugh stated that he supports the suggestion of putting up better signage at Croton Landing indicating where dogs can be walked as well as signage at Gouveia. Trustee Politi advised that the IDEA Committee holds “conversation hours” every Tuesday from 7pm-8pm at the Croton Library, Culture Night will be held on May 11th, the Croton School Board is also working on a DEI policy, the District is also doing a culture survey, the Junteenth event will be held at Bennett from 10am-12pm, the Big Easy event is scheduled for April 11th, and encouraged residents to log onto the Village’s website for more information on upcoming events. Mayor Pugh thanked the New York Blood Center for organizing the recent blood drives in Croton, congratulated the Croton Little League for a wonderful opening day ceremony and thanked all the volunteers for all they do for this Village Board of Trustees April 10, 2024 program, and thanked “Clean” for all their hard work and the new responsibilities they are taking on. Village Manager Healy advised that next Wednesday at 7:00pm they will be holding a meeting with the Truesdale Drive, Nordica Drive and Cedar Lane residents to talk about Residential Parking, the Budget work session will follow that meeting at 8:00pm, announced that Old Post Road and Stevenson Place will be milled next week in preparation for repaving. There being no further business to come before the Board a motion to close the meeting was made by Trustee Politi. The motion was seconded by Trustee Simon and approved with a 5-0 vote. The meeting was adjourned at 10:20pm. --- Editorial note (croton.news): name spelling(s) in this copy were corrected against official records: ‘Ed Riely’ corrected to ‘Ed Riely’. The original document, as issued, is available from the Village; see croton.news/editorial-policy for our corrections policy.