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minutes 25 pages

Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY, held on Wednesday, July 24, 2024, in the Georgianna Grant Meeting Room at the Stanley Kellerhouse Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520. The following official was absent: 1. A motion to enter into an Executive Session at 6:06pm to discuss matters of personnel involving the employment of a particular person was made by Trustee Simon. The motion was seconded by Trustee Murtaugh and approved with a 4-0 vote. Following the Executive Session, and as a courtesy to the many residents in attendance, Mayor Pugh opened the meeting at 6:25pm to allow residents to address the Board on Agenda Items. Frank Bonano, 706 Half Moon Bay Drive, Croton on Hudson, asked when the owners of the 1 Half Moon Bay property presented their petition to the Board, what is the process to get comments from the community, addressed the Board’s fiduciary obligations to the community versus the developer, believes that residents who have lived under the current zoning will be impacted if the Board chooses to change it, and will the Board go back to the community if the developer requests things that don’t fall in line with our current zoning laws. Village Manager Healy advised that the Petition was received via email on July 11, 2024. Mayor Pugh advised that like all projects in the Village, it will be bound by the State Environmental Quality Review Act (SEQRA), but we are at the very beginning of the process, no decision has been made, we are acknowledging receipt of the Petition and declaring the Board’s intent to be the “Lead Agency” under SEQRA. Mayor Pugh advised that the Board will be hiring their own Planning Consultant paid from the Escrow Funds from the developer and that a public safety analysis will be part of the review process as well as traffic and school impact studies. July 24, 2024 Noreen Shakir, 1608 Half Moon Bay Drive, Croton on Hudson, stated that the Board is changing the culture of the Village by introducing so many people of diverse backgrounds into the Village and asked why this cannot be put up to a vote by the community. Karen Hertz, 503 Half Moon Bay Drive, Croton on Hudson, stated that she does not know where we are in the process, but the proposal seems excessive and asked if the applicant has submitted an Environmental Impact Statement, and is concerned about the impacts on the Hudson River. Dan Bennett, 40 Van Wyck Street, Croton on Hudson, requested that the Board not move forward with any new large scale multiple unit developments, he believes they will have negative impacts on our Police, Fire and Ambulance Services as well as our schools and is concerned that the Board is not listening to the public who have spoken out against these projects in the past. Erica Laudon, 124 Penfield Avenue, Croton on Hudson, stated that she has gorgeous views looking over the Finkelstein property and is preparing herself to lose those views and asked why Croton is considering the development of more than four hundred units which is eight times more than what Governor Hochul’s housing plan indicates. Lisa Stenson Desamours, 1400 Half Moon Bay Drive, Croton on Hudson, stated that the Board should deny the petition and keep the Light Industrial District designation intact, she believes the development will cause tangible harm and adverse impacts on the 500 homeowners at Half Moon Bay, plus more than 200 boat owners as well as residents who use Senasqua and Croton Landing. Ms. Desamours highlighted Governor Hochul’s housing initiative that requires communities outside of New York City to create 50 homes over the next three years”, yet the Village is proposing eight times more than that. Ms. Desamours stated that the Transit-Oriented Development Act of 2023 is aimed at promoting higher-density residential development near public transportation hubs if it is within a half mile of any Transit-Oriented development, yet this property is a full mile away from the Metro North Station and beyond the New York State criteria. Ms. Desamours referred to Chapter 230 of the Zoning Code regarding Traffic- Oriented development. https://ecode360.com/9145071#9145071 (Section (230-18.C(9). Jessica Dieckman, 58 Thompson Avenue, Croton on Hudson, stated that she opposes the rate and capacity of development that is occurring in the Village and Village Board of Trustees July 24, 2024 feels that the Board is not receptive to the input from the residents it is tasked to serve. Joel Gingold, 55 Nordica Drive, Croton on Hudson, stated that he is concerned about the character of the Village in light of the Board considering over 450 new dwelling units over the next few years and while the impact of some of the smaller projects don’t seem problematic, taken as a whole, red flags rise up. Mr. Gingold stated that we need serious discussions on how we can absorb the onslaught of so many people into our community and encouraged the Board to phase development over a period of years so we can see firsthand what, if any, impact each of them may have on the quality of life before we authorize the next project. Mr. Gingold questioned the Transit-Oriented designation since it is not with the required proximity to the Metro North Train Station. 2. Mayor Pugh called the meeting to order at 7:00pm and led everyone in the pledge of allegiance. 3. APPROVAL OF VOUCHERS Trustee Simon made a motion to approve the following Fiscal Year Vouchers, claims numbered 24250340-24250410. The Motion was seconded by Trustee Nicolson and approved with a 5-0 Vote. $154,758.02 Water Fund $2,666.40 Sewer Fund $518.00 Capital Fund $113,256.44 Trust Fund 750.00 Post Audit (Water Fund) 1,302.40 4. PUBLIC HEARING: A Motion to open a Public Hearing to consider the projects proposed in the Village’s Community Development Block Grant (CDBG) application, including the installation of a sidewalk along the north side of Municipal Place between Maple Street and South Riverside Avenue, and the installation of a sidewalk along South Riverside Avenue between Municipal Place and Maple Street was made by Trustee Simon. Motion was seconded by Trustee Murtaugh and approved with a 4-0 vote. (The public hearing on the water main extension loop between Grand Street and Beekman Avenue has been cancelled). July 24, 2024 https://play.champds.com/ATT/crotononhudsonny/2024- 07/c62390996bab5e4fc7ccdcca3d5c3f2692228556.pdf Village Manager Healy advised that the funding we could receive would be 50% of the project’s cost up to a maximum of $200,000 and we are requesting the $200,000 for each project. Matthew Schuerman, 53 Old Post Road North, Croton on Hudson and member of the Bicycle Pedestrian Committee stated that the Bicycle Pedestrian Committee considered sidewalks one of its top priorities and a survey done in 2019 indicated that people would be more likely to walk places if sidewalks were in better condition and if the gaps were closed. Mr. Sherman thanked the Department of Public Works for repairing numerous sidewalks around the Village, but we now have an opportunity to use CDBG funds and encouraged the Board to move forward with the application. Aydan Savaser, 11 Arlington Drive, Croton on Hudson, emphasized the difficulty people have navigating sidewalks especially with a stroller and believes this is a good thing to do. Michael Mamone, 19 Young Avenue, Croton on Hudson, stated that the Village spent $76,000 on sidewalks at the circle that he believes were not needed, there are so many other areas that need fixing in Croton other than those areas that are listed in the grant program. Mr. Mamone stated that he recently had to repair his own sidewalk that was damaged by a Village tree, yet some people get new sidewalks for free and believes this is not fair. There being no further comments to come before the Board a motion to close the Public Hearing was made by Trustee Nicholson. Motion was seconded by Trustee Simon and approved with a 4-0 vote. 5. RESPONSE TO QUESTIONS SUBMITTED BY EMAIL – None 6. CORRESPONDENCE a. Letters of Support from Village Manager Bryan Healy for Market NYS Grant Applications. 07/6b0b8d5217fa9ff5a966c055c13aa8539fbb1317.pdf Village Board of Trustees July 24, 2024 https://play.champds.com/ATT/crotononhudsonny/2024- 07/8491c133942d72861ab8bb6b91b9318d765fc025.pdf Resolution: On motion by Trustee Simon and seconded by Trustee Murtaugh the Board of Trustees authorized the Village Manager to apply for the Market NYS Grants. Motion was approved with a 4-0 vote. Trustee Nicholson asked that we encourage them to make sure that the Blaze is working with our business community in order for them to benefit when the Blaze comes to town. Trustee Simon stated that he looks forward to them getting this grant and working with our local businesses. b. Invitation from Congressman Mike Lawler: Senior Fair at the David Swope Student Center at SUNY Westchester Community College https://play.champds.com/ATT/crotononhudsonny/2024- 07/993474ab7080499a1756fb2af2c9ba7205bd6f54.pdf c. Email from John Ealer, Croton Conservation Advisory Council CLEAN Subcommittee Chair, announcing a cleanup of the train station waterfront on September 29, 2024, and requesting a parking fee waiver for non- resident volunteers. 07/2b15c5260e0c242bb9cc701279c9b5636f0c23d3.pdf Resolution: On motion by Trustee Simon and seconded by Trustee Murtaugh the Board of Trustees approved the request from the Croton Conservation Advisory Council CLEAN subcommittee Chair to waive parking fees for non-resident volunteers participating in the CLEAN program. Motion was approved with a 4-0 vote. d. Memorandum from Village Manager Bryan Healy regarding the renewal of the Community Choice Aggregation program. 07/996060c27fc8fda2bd2f51ba030e274f8b34e394.pdf Village Board of Trustees July 24, 2024 As part of the Community Choice Aggregation (CCA) program renewal, Sustainable Westchester received bid pricing for the program on July 17, 2024. Constellation New Energy has been selected as the supplier with the following rates: 50% Renewable: 12.178 cents per kWh 100% Renewable: 13.298 centers per kWh These rates represent an 11% decrease and a 14% decrease respectively from the previous rates being charged for residential and small commercial customers. After further discussion, the Board agreed to go with the 100% renewable energy program. The Board reminded everyone that they have the ability to opt out of the program, choose the 50% option, stay with Con-Edison or go with another supplier. 7. PUBLIC COMMENTS ON AGENDA ITEMS: Susan Skrelja, 56 Truesdale Drive, Croton on Hudson, asked the Board to please slow down and take an indefinite pause on any new housing and the urbanization of our Village so that we have opportunity to see what the impact will be from our current developments, the Village has already built more than enough to satisfy the State’s housing requirements and enough for the Village to maintain their Pro Housing Designation. Ms. Skrelja stated that our schools often attract growing families and is concerned with the impact on our lower grades. Michael Mamone, 19 Young Avenue, Croton on Hudson, stated that he is concerned that taxpayers will bear the burden on any new developments. Bob Anderson, 33 Franklin Avenue, Croton on Hudson stated that the initial savings forecasted by the Community Choice Aggregation Program never came to fruition, and noted that he stayed with Con-Edison, and he averaged around one-hundred dollars a year in savings and he is not convinced that the community is benefiting from this program. Nance Shatzkin, 132 Old Post Road North, Croton on Hudson, extended her thanks to the Board members for all their hard work on behalf of the Village, there is a severe housing shortage, especially in the Northeast and asked everyone to recognize that the pace of building in Croton is nothing Village Board of Trustees July 24, 2024 compared to the addition of Riverbank and Bari Manor, as well as the many new homes that have been built over the years. Ms. Shatkin stated that our school population is down, and we need more children in our schools if we want to continue to offer our children the same programs she had growing up in Croton and asked everyone to just pay attention to the facts and emphasized that these developments will bring a huge amount of money to both the Village and our schools. David Bogdam, 50 Irving Avenue, Croton on Hudson, stated that each project appears to be bigger than the last one and believes we should not be changing the character of the Village. Mr. Bogdam stated that the mischaracterization of those who are not in favor of this type of development as being racist or afraid of changes needs to stop and asked the Board to listen to what people are saying. Mike Hostetler, 2001 Half Moon Bay Drive, Croton on Hudson, stated that he does not believe people will be walking to the train station from this development, it would not be an easy walk, and we will see more cars coming onto Municipal Place which is already very difficult to navigate. Colleen Beyrer, 19 Wells Avenue, Croton on Hudson, believes the Board is moving too fast, and reminded everyone that the property where the Green Growler is located is also zoned for housing, she believes the Board is telegraphing that Croton is for sale and is why a developer came in and purchased the old tire factory. Ms. Beyrer stated that the Board can slow this down by just not accepting the proposal and insisted that the developer use the property for what it is currently zoned. Stacy Calloway, 307 Half Moon Bay Drive, Croton on Hudson, stated that she is not in support of the Half Moon Bay project nor the LOT A development, and is concerned that we do not have the infrastructure to accommodate more people. Ms. Calloway stated that she takes her life in her hands coming off of Route 9 trying to make a left turn into Half Moon Bay and believes it will only get worse. Alice Schildkraut, 711 Half Moon Bay Drive, Croton on Hudson, supports everyone who spoke against the 1 Half Moon Bay development, she is concerned that residents will have a challenging time getting out of Half Moon Bay during construction and believes it will ruin the entire Half Moon Bay community. July 24, 2024 Tony Granger, 217 Half Moon Bay, Croton on Hudson, stated that we have already met the housing quota that Albany has set for Croton by over 200% and by adding a development on LOT A and the 1 Half Moon Bay project, we would be adding 380 more units amounting to approximately 486 units in just 2024. Mr. Granger asked that the Board not to abandon their base and asked that the Board hold off for at least a year until we see what the impact on the community will be from these current developments. Ed Riely 110 Truesdale Drive, Croton on Hudson, stated that he is concerned that the Board is not listening to the community, and asked that there be a moratorium on multi family housing to give us an opportunity to study the impacts of the current developments. Mr. Riely also objected to the regulations imposed on private landowners along the Croton River and not the four major polluters and asked that local Village elections return back to March. John McKeon, 25 Prospect Place, Croton on Hudson, stated that he has seen evidence that over 50% of Senasqua Park is flooded by tidal floods on a regular basis, he is also concerned that the State of New York is raising the Annsville Circle by 6 feet in order to adapt to the tidal flooding and thinks it folly to talk about high density buildings in a flood plain. Mr. McKeon stated that LOT A is the only parking lot that we own that will not be flooding in the next ten years, yet the Village is selling it. Mr. McKeon also addressed his concerns on how our Volunteer Fire Department is going to handle six story structures and wonders if we will need a professional fire department in the future. Phyllis Morrow, 61 Nordica Avenue, Croton on Hudson, stated that she is concerned that this is going to get very adversarial and believes this is the consequence of not really addressing communications on a consistent basis. Petra Vance, 217 Half Moon Bay Drive, Croton on Hudson, emphasized the Board’s obligations to the community. Dave Lally, 8 Cedar Lane, Croton on Hudson, stated that he completely disagrees with the rate of development in Croton and is concerned that our precious village will face irreversible damage. Mr. Lally stated that residents have invested in the Village over a long period of time and the Board should not be looking to change zoning in our neighborhoods and the community needs to have the opportunity to decide what they want and do not want in their community. July 24, 2024 Matthew McGuire, 1 Wayne Street, Croton on Hudson, stated that he understands that we need more housing, but asked the Board to slow down, and keep the zoning to three stores. Mr. McGuire stated that, since sidewalks are used by everyone, the Village should be maintaining all sidewalks. Taryn McAllister, 73 Truesdale Drive, Croton on Hudson, spoke about her negative experiences of living in an apartment in one of these types of new buildings and the Village must make sure that the developer is scrutinized to make sure that the resident’s quality of life is beyond satisfactory, she also expressed her concerns that the Village may not have the adequate resources to oversee and monitor the current projects taking place in the Village. Gary Eisinger, 210 Cleveland Drive, Croton on Hudson, stated that the residents of Croton do not want a zoning change for the 1 Half Moon Bay property, it will disfigure our Village and implored the Board to stop this ridiculously oversized project. Alex Skrelja, 56 Truesdale Drive, Croton on Hudson, asked who the losing bid was for the LOT A property, where do we stand with the developer, who owns the brown building adjacent to LOT A and asked about the ownership of the Katz property. Brad Kennedy, 1 Clevland Drive, Croton on Hudson, requested that the Board create a Q and A so the community gets more accurate information on the impacts of the proposed project, the Village website indicated that the project would generate $798,000 to the Village and asked how that money is disbursed. Jason Adkins, 95 Truesdale Drive, Croton on Hudson, stated that he is a newcomer to the Village, and it would be wonderful to understand the school numbers and the predictions because it is hard to know from the figures that you get from the developers. Mr. Adkins stated that it seems that a lot of the issues are aesthetics and does not see multiple options being presented to the public and believes this is what is leading to some of the confrontation. Village Attorney Whitehead explained that the Village Board does not have the authority under New York State Village Law to put any question to a Referendum, New York State Village Law defines specific items that can be Village Board of Trustees July 24, 2024 put to a public Referendum and this type of issue is not one of them. For more information on the law, you may log onto the following: https://newyork.public.law/laws/n.y._village_law_article_9 Mayor Pugh stated that what we have before us this evening is a Petition for a Zoning amendment, and the resolution this evening acknowledges receipt of that Petition, and to begin the SEQRA (State Environmental Quality Review Act) process, it is not an adoption or an approval of the project and many of the questions asked this evening about the schools, infrastructure, impacts on the River are things that will be addressed during the SEQRA process and as part of our Local Waterfront Revitalization Consistency Review. Village Attorney Whitehead stated that there is going to be a lengthy review process, the Board is retaining a consultant to assist the Village during that process, the Planning Board will also be involved in the review process as will the Waterfront Advisory Committee since it requires a Consistency Determination with the Local Waterfront Revitalization Program. Village Manager Healy gave an overview of the uses currently allowed on the 1 Half Moon Bay property as detailed in Section 230-18 of the Village Code. https://ecode360.com/9145372 8. PROPOSED RESOLUTIONS: Resolution #151 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 4-0 vote. WHEREAS the Village of Croton-on-Hudson recognizes the need for improved pedestrian infrastructure to enhance safety and accessibility for residents and visitors, and WHEREAS the Village has identified a project for the installation of a sidewalk along the north side of Municipal Place between Maple Street and South Riverside Avenue, and WHEREAS the Community Development Block Grant (CDBG) program provides financial assistance to communities for the purpose of developing viable urban communities by providing decent housing, a suitable living environment, and expanding economic opportunities, principally for low- and moderate-income persons, and Village Board of Trustees July 24, 2024 WHEREAS the Village of Croton-on-Hudson intends to submit an application for CDBG funding in the amount of $200,000 to support this sidewalk installation project, NOW THEREFORE BE IT RESOLVED that the Village Board of the Village of Croton-on- Hudson hereby endorses the submission of the CDBG application for the installation of a sidewalk along the north side of Municipal Place between Maple Street and South Riverside Avenue, and BE IT FURTHER RESOLVED that the Village will contribute the remainder of the cost of the project. Resolution #152 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 4-0 vote. WHEREAS the Village of Croton-on-Hudson recognizes the need for improved pedestrian infrastructure to enhance safety and accessibility for residents and visitors, and WHEREAS the Village has identified a project for the installation of a sidewalk along South Riverside Avenue between Municipal Place and Maple Street, and WHEREAS the Community Development Block Grant (CDBG) program provides financial assistance to communities for the purpose of developing viable urban communities by providing decent housing, a suitable living environment, and expanding economic opportunities, principally for low- and moderate-income persons, and WHEREAS the Village of Croton-on-Hudson intends to submit an application for CDBG funding in the amount of $200,000 to support this sidewalk installation project, NOW THEREFORE BE IT RESOLVED that the Village Board of the Village of Croton-on- Hudson hereby endorses the submission of the CDBG application for the installation of a sidewalk along South Riverside Avenue between Municipal Place and Maple Street, and BE IT FURTHER RESOLVED that the Village will contribute the remainder of the cost of the project. Resolution #153 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 3-1 vote. NAY TRUSTEE NICHOLSON Village Board of Trustees July 24, 2024 WHEREAS the Village Board of Trustees has received a zoning petition (“the Petition”) from Zarin & Steinmetz LLP, representing 1 HMB Property Owner LLC, owner, requesting amendments to Sections 230-18(C)(9) and 230-37(B) of the Zoning Code of the Village of Croton-on-Hudson, and WHEREAS the owner desires such changes to be enacted to permit the redevelopment of the property at 1 Half Moon Bay Drive, located in the Light Industrial Zoning District, to include a multifamily residential building, and WHEREAS the applicant has submitted a Full Environmental Assessment Form Part 1 and a Coastal Assessment Form, NOW THEREFORE BE IT RESOLVED that the Village Board hereby determines that the Proposed Action is a Type 1 action under SEQRA, and BE IT FURTHER RESOLVED that the Village Board hereby declares its intent to be the Lead Agency for SEQRA purposes in connection with the Proposed Action and authorizes the circulation of its intent to all involved and interested agencies, and BE IT FURTHER RESOLVED that the Village Board hereby refers the Petition and associated documents to the Village Planning Board and the Westchester County Planning Board, in accordance with Village and County law, and BE IT FURTHER RESOLVED that the Village Board hereby directs the applicant to establish an initial escrow fund of $50,000 for the purpose of review of this application by the various Boards. Trustee Murtaugh asked why the developer is asking to be included in the TOD Overlay District when they could have come to the Board and asked for a Special Permit to create a residential use in a Light Industrial District. Kory Salomone from the law firm of Zarin and Steinmetz stated that he did not believe they could get the density the applicant is seeking under that Special Permit. Village Attorney Whitehead stated that what she believes what Trustee Murtaugh is asking is why the TOD and not some other Zoning Amendment that could get the applicant to the same thing understanding that this is a mile from the train station. Mayor Pugh stated that there is a precedent in the Village for incorporating some union labor in the multi-family construction in Croton and hopes that such an agreement can be made for this project. July 24, 2024 Trustee Simon asked if it is common for there to be significant changes in what a project looks like as you get community input. Trustee Nicholson asked Mr. Fish to address the fiscal benefits and the net value for taxpayers. Frank Fish, from BFJ stated that his company has not submitted a plan that did not change throughout the approval process and gave an overview of the Economic and Fiscal Impact and as well as Public School Children Analysis as detailed in Exhibit H and G. 07/2a5f9bf4bc49d7b892a330734a3209a5ff713b33.pdf https://play.champds.com/ATT/crotononhudsonny/2024- 07/747b267111cdea3e79b96b894a26f8a2d0e8e1f4.pdf Mr. Fish stated that a single-family home could have a negative impact on school taxes as opposed to a multi-unit development because it pays significantly more taxes. Mr. Fish stated that in the last ten years school numbers have declined by 10% and if that is case, the marginal costs would be much less than the per capita costs. Trustee Nicholson stated that the presumed tax revenue for the Village as indicated on the Economic and Fiscal Impact is $798,000, but the per-capita costs for additional services that would be needed is $754,000, for a net value for the Village of $44,000. Mr. Fish stated that this is just the beginning, and we will provide the community with a bigger picture, and we welcome a review of all our work and look forward to meeting with the School District as well as the Police and Fire Departments. Mayor Pugh stated that the Board takes the tax levy very seriously, and each project has to be evaluated on its own basis, and this is why we will be hiring our own consultant. Mayor Pugh stated that if the Board were to adopt this resolution, we intend to have extensive meetings with each of our Departments so they can gage the impact on Village services. Mayor Pugh stated that we do not currently have housing like this, and we would like to see comparable multi-family housing in comparable communities and their impact on taxes, school enrollment and traffic. Trustee Nicholson thanked the developer for investing $24 million in Croton, some of the positive impacts are the estimated $159 million over two years to the County during the construction process and the projected 1.1 million dollars in net gain in property tax revenues that would go to the schools, as well as improving the Village’s infrastructure by Village Board of Trustees July 24, 2024 the river, but her biggest reservation is timing, we have taken on a lot of development over the past five years and we really need to see the fruits of our labor and asked the developer to withdraw their application and resubmit it in one year, at that time we will have two projects completed, and our LOT A project will be well through the application process. Trustee Nicholson emphasized that the Village, Planning and Zoning Boards are all volunteers, and we will have our hands full dealing with the other projects, there is a lot of good in this proposal but not right now. Trustee Murtaugh fully endorses what Trustee Nicholson said, there is a lot happening at once, we did not ask for this, though it is very exciting and made the following statement: “Last fall, at about the same time that I accepted the Mayor’s call to fill the vacancy of Ann Gallelli’s retirement, the property known colloquially as the Finklestein property, was sold for almost 24 million dollars. My first public comments on the matter were, something to the effect of “I will keep my eye on this”. This is true today. Reasonable people understand that with an investment of this magnitude, something was bound to happen. We have an opportunity now to shape this project into something that will mesh with our community. Currently, the tire warehouse is a rather benign use and virtually unnoticed. There are many other legal industrial uses for that property that exist today, right now. Uses that we may not particularly care for, and ones that if the current structure were utilized would have no positive impact upon tax receipts. We are now faced with the question of: Do we do our due diligence? Or do we just say, no thanks? We have only one chance to choose the former, but we will have plenty of opportunities, as we proceed, to say no thanks. If at any time we decide to say no thanks, it is a purely discretionary action. There is no liability if we said no to a potential zoning amendment down the road. There is much skepticism in the village about the wisdom of this proposal, I share some of that, but there is no way to understand it without looking into the merits or flaws more closely. The knee jerk reaction is to say no, stop now. I disagree with that. I would like more details and that is what we are doing here tonight. We are beginning a process that will flush out answers much more fully. By relying upon our valuable Planning Board, and other boards, and seeking the input of AKRF, our planning consultants, we will gain a far more nuanced understanding of the ramifications of our decision. Ultimately, we may say no thanks, but I feel that to do so now is a mistake. We need to be as well informed as possible, and this is how we go about it. Am I skeptical about the number of school age children, yes. Am I concerned about traffic overwhelming our streets, certainly? Am I concerned that the new structures and residents will overtax our volunteer first responder corps, yes, and our police department, yes, of course. Without deeper study, we will never know. We cannot take the developers’ proposal at face value; we need our own research. I am not suggesting that they are misleading us with their glossy portfolio, but it would be foolish Village Board of Trustees July 24, 2024 to not do our own homework. That is what we are doing tonight, starting the homework assignment.” Trustee Simon stated that he has enormous respect for the points expressed by his colleagues, and reminded everyone that the applicant is putting up $50,000 for us to hire a consultant that will look at the schools enrollment, public safety, traffic, the environment, and economics as well as the many issues that were brought up this evening and supports a Town Hall meeting as well as putting a Q and A on our website. Trustee Simon emphasized that we are not making any decisions today, we have listened to everyone this evening and we will do the homework, but if by any reason we were required to vote on this project the way it is tonight he would vote no, he does not think this project is ready and while he is interested, he does not think we are ready. Trustee Simon stated that over the years many people have come up to him and indicated that the tire warehouse would be a terrific location for housing, if we do our homework, maybe there is a project that includes housing that people would agree to and we need to take as long as necessary to figure that out. Mayor Pugh stated that, at the applicant’s expense, the Village has the ability to hire outside inspectors on a contractual basis to assist the Village with overseeing these projects, which is something that we have done in the past and while we are very far from that stage he wanted to address that concern that was mentioned earlier. Mayor Pugh stated that a lot of great questions have been asked this evening that deserve answers and the way we do that is to move forward with the process and acknowledge the Petition. Mayor Pugh stated that we do have a housing crisis, and he has been very consistent in communicating that but meeting that housing need has to be done in a way that is consistent with the resources that we have in the Village. Resolution #154 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 4-0 vote. WHEREAS the Village Attorney has recommended that the regulations addressing the reservation of parkland be revised to provide clear and concise language on their applicability, and WHEREAS Local Law Introductory No. 10 of 2024 has been drafted for such purposes, NOW THEREFORE BE IT RESOLVED that: July 24, 2024 The Village Board hereby determines that the Proposed Action is an Unlisted action and declares itself to be the Lead Agency for SEQRA purposes. 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. 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. 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. 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. 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 explained that this will allow the Village to impose a “Fee In Lieu of Parkland” if the Village determines that a residential development creates a need for additional parkland, and the project is not able to include it on its property, the provisions currently in the code needed to be updated to clarify that for site-plans the Village Board could set a fee depending on the number of bedrooms, the funds that are collected are held in a Trust and must be used for either the purchase of additional parkland or improvements to existing parklands. Resolution #155 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 4-0 vote. WHEREAS the Village Board of Trustees has received a special permit application from Ryan Kao of CTRH LLC, to construct a three-story mixed-use building at 325 South Riverside Avenue, and WHEREAS a Site Development Plan, Environmental Assessment Form, Coastal Assessment Form, and site pictures have been submitted with the application, NOW THEREFORE BE IT RESOLVED that the Village Board hereby determines that the Proposed Action is an unlisted action under SEQRA, and Village Board of Trustees July 24, 2024 BE IT FURTHER RESOLVED that the Village Board hereby declares its intent to be the Lead Agency for SEQRA purposes in connection with the Proposed Action and authorizes the circulation of its intent to all involved and interested agencies, and BE IT FURTHER RESOLVED that the Village Board hereby refers the special permit application and associated documents to the Village Planning Board and the Westchester County Planning Department, in accordance with Village and County law. Jorge Hernandez, representative from ARQ Architects, gave an overview of the proposed product. To view the project, you may click on the following link. 07/c92e4fc8021275250a491fd59594337842c7f39f.pdf Trustee Simon asked if the square footage of Save-Mor Pharmacy is going to be the same and asked if the mix of commercial/housing is set firmly and does the available parking stay the same. Mr. Hernandez stated that the Pharmacy will be a little larger, the structure will have two units on the top level, the second level has two office spaces, and if Save-Mor finds they do not need the second office, that space may become a unit as well. Mr. Hernandez stated that they are projecting twenty parking spaces, which should be more than sufficient. Resolution #156 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 4-0 vote. WHEREAS the Village Board of Trustees has received a special permit application and zoning petition in recent weeks for multifamily development in the Village, and WHEREAS the Village Board is desirous of retaining a third-party consultant to review the documentation submitted and assist the Board with the environmental review and waterfront consistency review it will undertake, and WHEREAS the ability to retain a consultant and require the applicant to reimburse the Village for fees incurred is authorized through Chapter 178, Professional Fees, of the Village Code, and Village Board of Trustees July 24, 2024 WHEREAS AKRF Inc., of White Plains, New York, has provided a proposal to be retained as the Village’s planning consultant for these projects, NOW THEREFORE BE IT RESOLVED that the Village Board hereby authorizes the Village Manager to accept the proposal from AKRF Inc. Resolution #157 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 4-0 vote. WHEREAS a multifamily development is currently under construction at 25 South Riverside Avenue, and WHEREAS as part of the construction project, new stormwater and sanitary sewer mains and appurtenances are required to be installed on the property, and WHEREAS the existing stormwater and sanitary sewer mains and appurtenances from the previous building on the property will be abandoned, and WHEREAS the existing easement agreement filed in the Westchester County Clerk’s office will be terminated as part of the new easement agreement, NOW THEREFORE BE IT RESOLVED that the Village Manager is hereby authorized to execute the Easement Agreement with Croton Riverside LLC, subject to the final approval of the Village Attorney. Resolution #158 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 4-0 vote. NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby approves the Memorandum of Agreement between the Village of Croton-on-Hudson and the Croton Police Association, covering the period June 1, 2024 – May 31, 2029, and authorizes the expenditure of funds consistent therewith. Resolution #159 of 2024 Village Board of Trustees July 24, 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 4-0 vote. WHEREAS on May 17, 2021, the Village Board of Trustees approved an employment agreement with Bryan Healy to serve as Village Manager, and WHEREAS such agreement is set to expire on August 9, 2024, and WHEREAS the Village Board is desirous of extending the employment agreement, as amended, through August 9, 2027, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby approves the employment agreement between the Village of Croton-on-Hudson and Bryan Healy; and BE IT FURTHER RESOLVED that the Village Board of Trustees hereby authorizes the Mayor to execute the contract on its behalf. Resolution #160 of 2024 On motion of TRUSTEE MURTAUGH, 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 4-0 vote. WHEREAS a vacancy in the Croton Police Department currently exists for the position of Police Officer, and WHEREAS Chief of Police John H. Nikitopoulos has interviewed several candidates for the position and recommends the hiring of Esterlyn Duran Ortiz for the position of Police Officer, NOW THEREFORE BE IT RESOLVED that Esterlyn Duran Ortiz is hereby appointed as a Police Officer in the Croton-on-Hudson Police Department as of July 24, 2024, at an annual salary of $71,876.58, pending the passage of medical exams and approval from the Westchester County Department of Human Resources, and BE IT FURTHER RESOLVED that the official start date on payroll for Mr. Duran Ortiz shall be determined by the Chief of Police upon completion of the above-stated exams and approvals. Resolution #161 of 2024 Village Board of Trustees July 24, 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 4-0 vote. WHEREAS a vacancy in the Croton Police Department currently exists for the position of Police Officer, and WHEREAS Chief of Police John H. Nikitopoulos has interviewed several candidates for the position and recommends the hiring of Sean Rooney for the position of Police Officer, NOW THEREFORE BE IT RESOLVED that Sean Rooney is hereby appointed as a Police Officer in the Croton-on-Hudson Police Department as of July 24, 2024, at an annual salary of $78,822.03, pending the passage of medical exams and approval from the Westchester County Department of Human Resources, and BE IT FURTHER RESOLVED that the official start date on payroll for Mr. Rooney shall be determined by the Chief of Police upon completion of the above-stated exams and approvals. Resolution #162 of 2024 On motion of TRUSTEE MURTAUGH, 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 4-0 vote. WHEREAS there are a number of capital projects that have been completed throughout the past fiscal year, and WHEREAS upon discussion with the Village Manager, the Village Treasurer recommends closing the capital accounts associated with these projects as follows: 09194 Municipal Building Window Replace $654.87 15290 Service Truck 254.61 15302 LED Lights - 16316 Low Boy Dump Truck 0.89 18342 WEFH Renovations 962.27 18345 Police Vehicle 520.80 18349 NYSERDA LED Lighting - 19359 Relocation Water Department Offices 36,388.29 20372 Police Electric Hybrid Vehicle 50,212.97 20375 Solar Power - Village Board of Trustees July 24, 2024 21381 Replacement of FD Radios 1,412.12 22390 Village Wide Stormwater (312.98) 23444 Grand Street Firehouse 45.74 NOW THEREFORE BE IT RESOLVED that the Board of Trustees authorizes the Village Treasurer to close the above listed accounts as of May 31, 2024, and return $2,188.42 to the Debt Service Fund and $51,562.87 to the General Fund, and BE IT FURTHER RESOLVED: that $36,388.29 shall be reclassified from Project 19359 to Project 18344. Resolution #163 of 2024 On motion of TRUSTEE MURTAUGH, 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 4-0 vote. WHEREAS the Village employs a seasonal clerk to assist with increased operations within the Finance Department during the tax season, and WHEREAS the initial term of this position was scheduled from May 13th to July 18th, and WHEREAS the Finance Department has requested an extension of this position until August 1st, and WHEREAS funding for this extended period was not allocated in the 2024-2025 General Fund budget, NOW THEREFORE BE IT RESOLVED that the Village Board hereby authorizes the Village Treasurer to make the following budget transfers: A1325.1100 – Treasurer – Personnel Services PT $1,000.00 Decrease A1325.4000 – Treasurer – Contractual $ 276.93 A1680.4200 – Data Processing – Supplies $ 564.74 A7020.4000 – Recreation – Contractual $ 158.33 9. PUBLIC COMMENTS ON NON-AGENDA ITEMS: July 24, 2024 Aydan Savaser, 11 Arlington Drive, Croton on Hudson, stated that people from Central and South America are moving into Croton, and they typically have more children and suggested reaching out to our local childcare centers to see how many children they have and if they live in the community. Lisa Stenson Desamours, 1400 Half Moon Bay Drive, Croton on Hudson, stated that she feels that it is disingenuous that the developers of the 1 Half Moon Bay property purchased the property with the intention to seek a Zoning change and suggested that the Village attempt to attract companies/businesses to utilize that property under its current zoning. Ms. Stenson Desamours asked that the community get accurate numbers with respect to school children because she believes fifty children is a more accurate number. Patrick DeLasho, 92 Lexington Drive, Croton on Hudson, stated that he was dismayed that when he parked his car to go to Mayo’s Landing, he was asked for his Park I.D. and asked what is the rational and benefit for this. Trustee Murtaugh stated that Mayo’s Landing is for the expressed use for Croton residents and the reason we have a gate guard is to make sure that only residents enter that area. Trustee Nicholson stated that we hired a gate guard because we had some safety concerns with overcrowding and people entering who were not residents. Colleen Beyrer, 19 Wells Avenue, Croton on Hudson, asked if the parking at the Katz property will be monitored, will they be handing out parking permits to assure that only residents are parking there, she is concerned with what will happen if there are not enough parking spaces and anticipates a problem in the area. Trustee Nicholson said that is a good question and will address that with the developer. Gary Eisinger, 210 Cleveland Drive, Croton on Hudson, asked that they only allow a three-story structure on the 1 Half Moon Bay property and that the building fit the scale and beauty of Croton’s waterfront. Mr. Eisinger stated that he does not understand why the developer is requesting a Transit Overlay District when the developer is promoting that this building will mostly be populated with retired baby boomers. Mr. Eisinger asked about the changes at the Maple Commons Project with respect to the buffer zone. Village Manager Healy advised that the buffer did not change, there was a discussion about some of the plantings within the buffer. July 24, 2024 Susan Skrelja, 56 Truesdale Drive, Croton on Hudson, stated that she is in opposition of this fast and furious growth, and demanded that the Board take a pause so that we see what the repercussions are with the current projects. Michael Mamone, 19 Young Avenue, Croton on Hudson, stated that he does not want the Board to have regrets for selling the LOT A property and asked that we keep that lot for ourselves and once again asked the Board to consider a Residential Parking Permit System in his neighborhood and to also enforce the Code relating to dogs. Ed Riely, 110 Truesdale Drive, Croton on Hudson, stated that he is concerned with the increase of the population in Croton and encouraged the Board to put a cap on housing. Mr. Riely stated that one of the speakers said that the type of housing should not disfigure the community, this is in direct correlation with the Village’s Master Plan of preserving traditional qualities, strengthening the assets and protecting resources and what is being proposed on these sites does not preserve traditional qualities. Phyllis Morrow, 61 Nordica Drive, Croton on Hudson, stated that she is concerned that we will not have enough funds for the consultant to do all the research on this project, she also addressed an issue with a “blind spot” on Old Post Road after leaving Five Corners going down towards Truesdale at the crest of the hill and asked that to be addressed. Tara Taryn, 13 Scenic Drive, Croton on Hudson, stated that the crosswalk down by the Riverwalk is dangerous because of the curve in the road, you cannot see the crosswalk and asked that to be addressed, and also addressed some of the general appearance of the walkway because it sometimes takes days or weeks before it gets cleaned up. Alexander Skrelja, 56 Truesdale Drive, Croton on Hudson, asked what the possibilities are for LOT A such as a 55+ housing development. Mayor Pugh stated that the Division of Homes and Community Renewal is responsible for disbursing low-income tax credits which are used to finance affordable housing projects, but it is only in rare circumstances that they will disburse funds for just senior housing, the Board is very excited about LOT A being an affordable ownership development and we are looking into that through the AHOP Program. July 24, 2024 Trustee Nicholson stated that we have just started the process with LOT A, we do not know if there will be AHOP funds by the time we go through the process and that property may end up being 20% market rate rental. 10. APPROVAL OF MINUTES Motion to approve the minutes as amended of the Regular Meeting held on July 17, 2024, was made by Trustee Simon. The motion was seconded by Trustee Murtaugh and approved with a 4-0 vote. Motion to approve the minutes of the Executive Session held on July 17, 2024, was made by Trustee Simon. The motion was seconded by Trustee Murtaugh and approved with a 4-0 vote. Motion to approve the minutes of the Work Session held on July 18, 2024, was made by Trustee Simon. The motion was seconded by Trustee Murtaugh and approved with a 4-0 vote. 11. REPORTS: Trustee Nicholson stated that a large part of our revenue sources is from the tax base, and if we want the Village to pay to maintain our sidewalks we would need to increase our tax base. Trustee Nicholson reminded residents to use the shuttle for the concerts at Senasqua Park, on August 6th a “Night Out” with the Croton Police Department will be held at the Municipal Building. Trustee Simon advised that a Project Mover meeting was held this afternoon and we look forward to the bike share pilot program starting in August, Rotary Car Show will take place on Sunday, October 29th, the HEART Committee will be holding a meeting tomorrow evening as they continue to work on plans to honor people in our community, thanked Croton 100 and the clean-up crew for taking care of Senasqua Park. Trustee Murtaugh stated that the transparency of any potential development in Croton needs to include a vigorous dialogue with the residents and the developer and encourages putting together a Q and A as soon as possible. Mayor Pugh stated that he has been very consistent on the need for more housing and read his candidate statement that he made to the League of Woman Voters that was published in their 2014 Candidate Guide when he was running for Trustee. Mayor Pugh advised that a blood drive will be held this weekend from 10am-4pm. July 24, 2024 Village Manager Healy advised that the Village has posted two job openings, one is for a Permit Clerk/Spanish speaking in the Clerk’s office and the other is an Assistant General Foreman in the Public Works Department. Village Manager Healy explained that the work on the sidewalks at Gotwald Circle, which was funded through CHIPS, was to make them handicap accessible, the sidewalk improvements that were done at Five Corners and Gerstein Street were done through money that was received from Congressman John Hall many years ago, that funding was repurposed for the paving of Cleveland Drive and part of the repaving project, we made all sidewalk ramps ADA accessible. Village Manager Healy advised that the Dog Ordinance is enforced by our Police Department and anyone can appear before the Village Justice and make a sworn statement/complaint if they have witnessed someone not abiding by the law, he will reach out to DPW regarding the comments made about the River Walk, even though the River Walk is a gem to the community, everyone needs to understand that during storms, our parks are secondary to our local roads and the first order is getting our roads reopened and cleaned up. There being no further business to come before the Board a motion to close the meeting was made by Trustee Murtaugh. The motion was seconded by Trustee Nicholson and approved with a 4-0 vote. The meeting was adjourned at 12:01.