Documents

minutes 14 pages

Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY, held on Wednesday, May 8, 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 23245688 through 23245892. The Motion was seconded by Trustee Politi and approved with a 5-0 Vote. $344,341.86 Water Fund $23,955.35 Sewer Fund $1,781.41 Capital Fund $12,727.59 Trust Fund $501.82 3. RESPONSE TO QUESTIONS SUBMITTED BY EMAIL – none. 4. CORRESPONDENCE a. Letter from the Westchester Municipal Planning Federation providing notification that the “Maple Commons” project has been awarded its Planning Achievement Award. 05/2b3cd585e7888732d55d8f7cb8bf46bee5869d26.pdf Village Attorney Whitehead stated that the Westchester Municipal Planning Federation will be awarding the “Legacy Award” posthumously to Ann Gallelli in recognition of her many years of service to the organization serving as a Board Member and President as well as recognizing all the contributions she made to Croton. May 8, 2024 b. Letter from Denise Harrigton-Cohen, Assistant Superintendent for Business at Croton-Harmon Union Free School District, requesting a fee waiver for certain project costs at PVC Middle School. 05/f67a2dd3512bb9a2bd79da576bcd0057d9137168.pdf Resolution: On motion by Trustee Simon and seconded by Trustee Politi the Board of Trustees of the Village of Croton on Hudson approved waiving the backflow preventer application permit fee to the Croton-Harmon Union Fee School District. Motion was approved with a 5-0 vote. c. Public Notice from the Westchester County Rent Guidelines Board regarding June 2024 public meetings and hearings. 05/d46473cd9ebec66b88f64e0d373721e67dbec23f.pdf 5. PUBLIC COMMENTS ON AGENDA ITEMS: Ed Riely, 110 Truesdale Drive, Croton on Hudson, stated that he would rather see three story townhouses as opposed to a massive five-story building on the A Lot property, he is concerned that we opened our borders to millions yet we have no place for these people to live, objected to the Board including buildings with 6 or more apartments in the Rent Guidelines Law, concerned with the effects of allowing Marijuana and vaping shops in the Village. Kurt Carlson, 231 Hession Hills Road, Croton on Hudson, stated that he is extremely disappointed with the proposed Telecommunications law, the Telecommunications Advisory Committee, in their first letter to the Board, highlighted their concerns that the draft law had a biased process showing that it favored revenue for the Village over residents’ needs, and their follow up letter of May 2nd continued to address their concerns and does not want the Board to move forward on a flawed law. Aaron Lamar, 228 Hession Hills Road, Croton on Hudson, stated that he believes that the Telecommunications draft law continues to create a biased with respect to site selection, the Telecommunications Advisory Committee worked hard in creating requirements that would ensure that all proposals Village Board of Trustees May 8, 2024 demonstrate that the proposed site is ideal and that multiple sites were considered and is concerned that this law would allow the Board to waive these key requirements, the law now includes family residences in the RA40 Zoning District with lots that have a minimum based elevation of 500 feet above sea level, and is concerned that this will guide proposals to this site, adding additional cell towers will not likely cover all of Croton and does not support the idea that we should not worry about the flaws in the law, because the Board can come back and amend it later on. Mr. Lamar urged the Board to look at small cell solutions and asked that the May 2nd Telecommunications Advisory Committee’s letter be added to the public record. George Ivanoff, 233 Hessian Hills Road, Croton on Hudson, stated that he believes that the elevation of 500 feet above sea level is a backdoor attempt to put a tower at 230 Hession Hills, this is an RA40 Zone that encompasses three properties and does not understand the need to push through an incomplete and flawed Code and asked the Board to reconsider any acceptance of this Code until changes have been made, there are other technologies that are being pursued in other communities such as small cell systems that operate in tandem with existing facilities and offer far less radiation. David Granger, 45 Lounsbury Road, Croton on Hudson, stated that he is opposed to the proposed law, and would like the Board to explore all alternatives before allowing another cell tower in Croton. Renee Curci Ivanoff, 233 Hession Hills Road, Croton on Hudson, stated that one of Televate’s recommendations was to hire an engineer to perform a study to find the best location that would provide service to a wide range of our residents, but those studies were not done, and instead, the Board asked Televade to start with 230 Hessian Hills as their go to point. Ms. Ivanoff stated that 230, 231 and 233 Hessian Hills Road and the pumping station are the only three properties that meet the criteria that have a minimum based elevation of 500 feet above sea level, but reminded the Board that this is a residential area and revenue should not be the driving force. Sara Boyce, 140 Benedict Blvd, Croton on Hudson, stated that it was difficult to hear the presentation and what people said during the discussion at the recent housing forum held at the Harmon Firehouse, the facilitators did not Village Board of Trustees May 8, 2024 introduce themselves and suggested that if this done again, the facilitators be Croton residents or members of the Board. Ms. Boyce stated that she does not know how these affordable housing developments are going to help Croton residents and she is concerned that this development is going to have a negative impact the Harmon area. Kate Mamone, 19 Young Avenue, Croton on Hudson, stated that we do not need any more cell towers, and hiring more consultants is a waste of taxpayer’s money, and believes we have enough people in the Village who are professionals that can do the job themselves. Ms. Mamone stated that she does not feel that Croton has to solve the housing crises for the entire country and asked that we do not urbanize Croton. Trustee Simon stated that we have been working with members of the Telecommunications Advisory Committee and based on their March 8th letter we included in our April 15th Draft law the following: (1) to not separately specify Village owned properties (2) include the RA60 Zoning area as eligible for telecommunications towers, (3) require that all telecommunications projects appear before the Planning Board’s Site Plan approval process, and (4) include the RA40 Zoning areas as eligible for telecommunication towers. Trustee Simon stated that their May 2nd communication recommended 1) either no limitations or all of RA40 is out, (2) modification of the ability for the Board of Trustees to waive application materials requirements (3) update the Zoning areas where small technology could be permitted, (4) increase the alternative site analysis which needs to be done when a proposal is made from one quarter of a mile away from where the proposal is being made to the entire Village. Trustee Simon stated that he is happy to see if something can be done on all of these and also believes that these changes would not require us to start the process all over. Trustee Murtaugh stated that the Telecommunication Advisory Committee’s May 2nd communication had four recommendations and believes we can work on three of those recommendations. Trustee Murtaugh stated that it was said this evening that the law prevents small cell applications, which it does not, and believes that the Board has been very responsive to the recommendations and any changes to this law will be minor in scope and feels that we should move forward. 6. PROPOED RESOLUTIONS: Resolution #87-2024 Village Board of Trustees May 8, 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 Volunteer Fire Department Length of Service Award Program was approved by referendum in 2003, and WHEREAS Article 11-A of the New York State General Municipal Law requires that the list of Fire Department members indicating those who earned a year of service credit during the calendar year, those that did not earn a year of credit, and those who waived participation must be certified under oath by the Fire Department, and WHEREAS this list was approved by the Village Board at its meeting of March 13, 2024, and posted for 30 days, and WHEREAS the Mayor must sign off on the final list to be submitted to the program administrator, Penflex, NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby authorizes the Mayor to execute the Sponsor Authorization Form for the Croton-on-Hudson Fire Department Length of Service Award Program for 2023. Resolution 88-2024 - Removed from Agenda Resolution 89-2024 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 the Village of Croton-on-Hudson is desirous of supporting the efforts of the Croton Welcome Wagon to greet new members of our community, and WHEREAS the Croton Welcome Wagon has been providing welcome bags for new residents and hosting community events on a quarterly basis; and WHEREAS the Village and the Croton Welcome Wagon seek to formalize this relationship, and WHEREAS up to $1,300 shall be expended annually to reimburse the Croton Welcome Wagon for supplies and promotional items, and Village Board of Trustees May 8, 2024 WHEREAS the Village agrees to waive any event fees for the Croton Welcome Wagon's participation in Village events, such as Summerfest, and for their utilization of Village facilities, including Senasqua Park, NOW THEREFORE BE IT RESOLVED that the Board of Trustees hereby authorizes the Village Manager to execute the agreement between the Croton Welcome Wagon and the Village of Croton-on-Hudson to support welcoming new residents throughout the year for the period beginning June 1, 2024, through May 31, 2029, and BE IT FURTHER RESOLVED that funding for such expense is available in A7550.4000: Celebrations – Contractual. Resolution #90-2024 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 on March 15, 2021, the Village Board of Trustees approved the renewal of a special permit for the operation of a smoke shop at 50 Maple Street, and WHEREAS this special permit is set to expire July 23, 2024, and must be renewed in accordance with the Zoning Chapter of the Village Code, and WHEREAS Ibrahim Jamal, the owner of Smoke Town Discount, has submitted a special permit renewal application with the appropriate fee, and WHEREAS renewal of the special permit does not require an environmental review, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby refers the renewal of the special permit application for a smoke shop located at 50 Maple Street to the Planning Board for a recommendation back to the Village Board of Trustees as required by law. Trustee Murtaugh stated that he likes the fact that they need to check in every five years and would be opposed to an indefinite Special Permit. Village Manager Healy advised that most Special Permits do not have expiration dates but because this was a little controversial at the time, the Board put an expiration date in place. Village Manager Healy stated that in the seven years since they opened, there has Village Board of Trustees May 8, 2024 not been too many issues other than with signage that were addressed very quickly but we can get a full report from the Code Enforcement Officer before the public hearing. Trustee Nicholson stated that within the next five years we are going to have many new residents living in very close proximity of the smoke shop and strongly opposes the smoke sign in big red letters in their front window, she does not believe this should be in our gateway or in our shopping centers and actually agrees it is appropriate to keep the five year Special Permit in place and asked that we also look at signage in our Gateway. Village Attorney Whitehead explained that you cannot regulate signage by content, you can only do it by size and color. Village Manager Healy explained that there is a State Law that you are not allowed to have any sort of cigarette or vaping ads within 1,500 feet of a school and every so often they will put up a sign and we ask them to remove it. Resolution #91 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 would like to update Chapter 206, Telecommunications Towers, of the Village Code to provide for the regulation of wireless facilities in the Village of Croton-on-Hudson, and WHEREAS Local Law Introductory No. 5 of 2024 was drafted for such purposes, and WHEREAS after careful consideration of feedback from the public and the Telecommunications Advisory Committee, the Board of Trustees has directed specific amendments to be made to the draft law to accommodate these comments, and WHEREAS certain revisions may be deemed substantial, necessitating the Board of Trustees to restart the SEQRA process, and WHEREAS the Village has completed Part 1 of a Short Environmental Assessment Form (EAF) and a Coastal Assessment Form (CAF), NOW THEREFORE BE IT RESOLVED AS FOLLOWS: 1. The Village Board hereby determines that the Proposed Action is an-Unlisted Action 2. The Village Board hereby declares itself to be the Lead Agency for SEQRA purposes Village Board of Trustees May 8, 2024 in connection with the Proposed Action. 3. The Village Board hereby issues the EAF and CAF which it has before it in connection with the proposed action. 4. The Village Board hereby refers the Draft Law, the EAF and the CAF to the Village’s Waterfront Advisory Committee for a recommendation back to the Village Board in in accordance with Village Law. 5. The Village Board hereby directs Village staff to make any other circulations and notifications regarding the Proposed Action as may be required by law. Trustee Simon stated that we are not enacting anything this evening, but rather authorizing the draft law to be forwarded to the Waterfront Advisory Committee for their review and a report back to the Village Board. Trustee Murtaugh stated that the law reflects the opinions of the Telecommunications Advisory Committee and believes it is a better law because of their involvement. Trustee Politi confirmed some of the issues we have agreed to, (1) not specifying Village owned properties (2) adding the RA60 Zoning District, (3) telecommunications companies will go through the Planning Board’s Site Plan process, (4) we will resolve whether we want all of RA40 or none of RA40, (5) the Village will look at small cell technology, and (6) increase from one quarter mile to something in between the whole Village. Trustee Simon stated that he understands the concerns that the Village can waive certain requirements for materials in connection with proposals and would like to discuss and explore this further. Village Manager Healy stated that we are taking a much slower approach to make sure that we have time for the Waterfront Advisory Committee to review and comment before we schedule a public hearing, Trustee Nicholson stated that we have some real service issues, and we are trying to be as focused on community concerns as much as possible but there is a real need for us to get additional service into the Village. Mayor Pugh stated that the committee was formed nine and a half months ago, we appreciate all of the input and points that were raised, and they will be considered as part of this process, but we have to make decisions as an elected Board. Mayor Pugh stated that the survey indicated wide-spread dissatisfaction with the quality of cell phone service in the Village and there is also a public safety component because cell phones Village Board of Trustees May 8, 2024 have become the primary means of communication for many residents, and we need to ensure that coverage is as complete as possible. Resolution #92 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 franchise agreement between the Village of Croton-on-Hudson and Altice is due to expire in December of 2025, and WHEREAS the Village is in the process of negotiating a new franchise agreement, and WHEREAS in the spirit of transparency and civic engagement, the Village of Croton-on- Hudson is committed to providing its residents with ample opportunity to voice their opinions and concerns regarding cable services in the community, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby schedules a Public Hearing on Wednesday, May 22, 2024, at 7:00 PM in the Georgianna Grant Meeting Room of the Stanley H. Kellerhouse Municipal Building to review the past performance of the cable operator, Altice, and to identify the future cable-related community needs of the Village. Resolution #93 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 of Croton-on-Hudson is the owner of real property located on Croton Point Avenue with tax parcel designations of Parcel Nos. 79.17-1-5 and 79.17-1-3 on the Village tax maps, also known as ‘Lot A’, and WHEREAS the Village Board of Trustees has selected WBP Development LLC of Chappaqua, New York, as the proposed purchaser and developer for the redevelopment of Lot A, and WHEREAS WBP Development requires access to the property to conduct due diligence for the possible development of the property, including activities such as investigation, surveying, testing, and photography, Village Board of Trustees May 8, 2024 NOW THEREFORE BE IT RESOLVED that the Village Manager is hereby authorized to execute a Temporary Access Agreement with WBP Development LLC, subject to review and approval by the Village Attorney. Village Attorney Whitehead stated that contract has a due-diligence periodand this will allow them to get started. Resolution #94 of 2024 On motion of TRUSTEE MUTAUGH, 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 on May 6, 2023, the Village of Croton-on-Hudson awarded Bid #3-2023 for tree services to New England Property Maintenance, Inc. of Mahopac, New York, at a unit bid price of $2,300, and WHEREAS Frank Balbi, Superintendent of Public Works, recommends extending the contract by one year in accordance with the terms outlined in the bid, NOW, THEREFORE BE IT RESOLVED that the Board of Trustees hereby authorizes the Village Manager to award the contract for tree trimming and removal services to New England Property Maintenance, Inc. of Mahopac, New York for a one-year extension beginning June 1, 2024, through May 31, 2025, and BE IT FURTHER RESOLVED that all pricing and conditions as submitted in Bid #3-2023 shall remain the same for the upcoming extension period. Resolution #95 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 May 6, 2023, the Village Board of Trustees awarded Bid #2-2023 for lawn maintenance services to La Teja Contractors and Landscaping, Inc., of Ossining, New York in the amount of $46,485, and WHEREAS the contract terms included an option to renew on an annual basis for two additional one-year intervals, and Village Board of Trustees May 8, 2024 WHEREAS La Teja has submitted a request to extend the bid for the period of June 1, 2024, through May 31, 2025, as permitted, and WHEREAS Frank Balbi, Superintendent of Public Works, has recommended that the bid be extended for the above period, NOW THEREFORE BE IT RESOLVED that the Village Manager is hereby authorized to execute an extension with La Teja Contractors and Landscaping, Inc., for the Village’s lawn maintenance program, and BE IT FURTHER RESOLVED that all pricing and conditions as submitted in Bid #2-2023 shall remain the same for the upcoming extension period. Resolution #96 of 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 on April 10, 2023, the Village entered into a contract with S.A.C-D Steno Services for stenographic work in the Village Justice Court, extending through May 31, 2024, and WHEREAS the contract provides for a one-year extension at the same terms and conditions, and WHEREAS Stephanie A. Colon-Davis of S.A.C-D Steno Services has submitted a letter of intent to extend the contact for one-year at the same rates: $250/for a 5-hour minimum Court Appearance ($45 after 5 hours), $350/for 5-hour minimum non-jury trials ($50 per additional hour), $200 Bust Fee for Hearings/Trials, $5.75/page for transcripts (10 business day turnaround), and $7.50/page for transcripts (3-5 business day turnaround), NOW THEREFORE BE IT RESOLVED that the Village Manager is authorized to enter into a contract with S.A.C-D Steno Services for stenographic work in the Village Justice Court through May 31, 2025. Resolution #97 of 2024 On motion of TRUSTEE MURTAUGH, seconded by TRUSTEE POLITI, the following resolution was adopted by the Board of Trustees of the Village of Croton- on- Hudson, New York with a 5-0 vote. May 8, 2024 WHEREAS the Village of Croton-on-Hudson has received funding to support its Veterans Banner Program, and WHEREAS numerous applications were received this year for banners, resulting in the supply line for this program to be exceeded, and WHEREA, the cost of the banners is covered through program revenue received by the Village, resulting in no net cost to the taxpayer, NOW THEREFORE BE IT RESOLVED that the Village Board authorizes the Village Treasurer to amend the 2023-2024 General Fund budget as follows: GENERAL FUND REVENUE Increase A1410.1289 Banner Fees $3,850 GENERAL FUND EXPENSE Increase A7550.4200 Celebrations-Supplies $3,850 7. PUBLIC COMMENTS ON NON-AGENDA ITEMS: Sara Boyce, 140 Benedict Blvd, Croton on Hudson, asked where the car break-ins were, were all eighteen cars unlocked, and were the police able to make any headway. Ms. Boyce also expressed her concern about the urbanization of Croton and does not see how it is helping Croton residents. Kate Mamone, 19 Young Avenue, Croton on Hudson stated that residents are having a tough time finding parking at Senasqua Park during concerts and recommended restricting it to residents only. 8. APPROVAL OF MINUTES Motion to approve the minutes as amended of the Regular Meeting held on April 10, 2024, was made by Trustee Simon. The motion was seconded by Trustee Murtaugh and approved with a 5-0 vote. 9. REPORTS: Trustee Nicholson announced that the Big Easy will be held this Saturday at Vassallo Park and encouraged residents to use the shuttle bus. The Jazz Concert will be held on Sunday at the Croton Library from 3-5pm. May 8, 2024 Trustee Simon advised that 276 pounds of prescription drugs were collected during the Drug Take Back Day and thanked the Rotary Club for coordinating the event, a very successful CrotonCon was held this past Saturday and thanked everyone involved, appreciated the participation from Croton’s faith leaders at our recent Housing Forum, on May 3rd we hosted the Hudson Gateway Chamber breakfast meeting at the Yacht Club, on May 10th he and Trustee Politi will be hosting a meeting with our businesses, and met with the Seniors last Friday and briefed them on the funds we put in our Budget for senior programs. Trustee Murtaugh advised that the Planning Board has resolved the Blue Pig parking issues and believes it is favorable for both customers and the business, explained that the issue with the smoke shop at the Shoprite Plaza was a landlord/tenant issue and the Village had nothing to do with it, the cars that were recently broken in on Radnor and in the Harmon area were all unlocked and emphasized the importance of locking vehicles, and is pleased to advise that the Board approved another Park Ranger for the Croton Gorge area on Saturdays and Sundays during the summer months. Trustee Politi advised that the IDEA committee is working on a Juneteenth celebration, CrotonCon was a great success, CET Culture Night is this Friday, thanked everyone who participation in the Housing Forum, it was great to see so many people in attendance, and agrees that adding a couple of hundred apartments is not going to solve the housing crises, but we need housing in Croton and believes in sensible development that adds to our tax base, she understands that Senasqua Park is a private park except for concerts but it is a wonderful opportunity for people to come to Coton and be a part of this beautiful Village, the shuttle is a pilot program and strongly encouraged residents to take the shuttle and share their feedback with the Village Mayor Pugh stated that one of the objectives in our 2003 Comprehensive Plan as well as the Updated Comprehensive Plan is to increase the supply of affordable housing and, as indicated in the Housing Needs Assessment, we are not very close to achieving those goals, we have over 500 households that spend half of their income on housing costs, and without new housing opportunities and meaningful competition in the housing market there is going to be an endless opportunity for landlords to take advantage of tenants by increasing their rents which is why we also adopted and expanded the Emergency Tenant Protection Act in the Village. Mayor Pugh addressed the Village Board of Trustees May 8, 2024 discourse about new residents into our community and stated that he has lived in Croton his entire life, and during this time period many hundreds of units of housing have been built and we value all the people who moved in during that time period, we welcomed them to our Village and looks forward to welcoming our new residents. Village Manager Healy advised that the Village will be applying for a $500,000 grant with New York State to assist the Village with much needed improvements on the Gouveia house, we are also taking funds from the endowment for site improvements and design work. 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 9:00pm.