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minutes 13 pages

Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY, held on Monday, December 2, 2024, in the Georgianna Grant Meeting Room at the Stanley Kellerhouse Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520. The following officials were absent: Assistant to the Village Manager Emily Giovanni 1. Mayor Pugh called the meeting to order at 7:16pm. Trustee Simon made a motion to approve the following Fiscal Year Vouchers, Claims numbered 24252477-24252701. The Motion was seconded by Trustee Nicholson and approved with a 4-0 Vote. $148,435.75 Water Fund $22,264.76 Sewer Fund $1,783.53 Capital Fund $367,079.01 Trust Fund - Debt Fund - 3. RESPONSES TO QUESTIONS SUBMITTED BY EMAIL – None. 4. PUBLIC COMMENT – AGENDA ITEMS Ed Riely, 110 Truesdale Drive, Croton on Hudson, stated that he believes everything on the agenda should be discussed openly and does not support the Consent Agenda. Mr. Riley stated that the Lot A project needs to be reduced to three stories, the building is unattractive, and the Board should demand changes to the proposed building as well as reducing it to 60 units. 5. CONSENT AGENDA: Village Attorney Joshua B. Subin Trustee Slippen Village Treasurer Daniel Tucker Village Board of Trustees November 20, 2024 1. Press Release from the MTA unveiling new modern Metro-North locomotives dated November 1, 2024. 11/61270363d340afed579cb2eae01069eb63acf6e8.pdf 2. Email from the New York State Department of Transportation regarding the Implementation of Congestion Relief Zone tolling starting January 5, 2025. 11/0df0a0bb453d3122761a5c4e289cab4a58756f08.pdf b. RESOLUTIONS: Resolution #240-2024 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 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 on September 25, 2024, the Village Board declared itself Lead Agency for SEQRA purposes in connection with the Proposed Action, and WHEREAS the Village Board has directed the applicant to complete a traffic/parking generation study as part of its environmental review, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby directs the applicant and/or property owner to make an initial payment of $10,000 to be held in escrow for any necessary professional services that may be required to assist the Village Board and Planning Board in their review. Resolution #241-2024 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 on November 20, 2024, the Village Board adopted Resolution 221-2024, scheduling a public hearing for December 18, 2024, and Village Board of Trustees November 20, 2024 WHEREAS the Board wishes to reschedule the date of the public hearing, NOW THEREFORE BE IT RESOLVED that the Board of Trustees hereby schedules a public hearing to be held on January 22, 2025, at 7:00 PM in the Georgianna Grant Meeting Room of the Stanley H. Kellerhouse Municipal Building to consider Local Law Introductory No. 12 of 2024, and BE IT FURTHER RESOLVED that the public hearing previously scheduled for December 18, 2024, is hereby cancelled. Resolution #242-2024 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 on November 21, 2023, the Village Board of Trustees awarded the bid for welding services to Santella Welding of Putnam Valley, New York, in the not-to-exceed amount of $34,720, and WHEREAS the contract was for a period of one year with an option to extend for one additional year, upon mutual agreement of the Village and the contractor, and WHEREAS Santella Welding has agreed to honor its bid pricing for the upcoming year, and WHEREAS Frank Balbi, Superintendent of Public Works, has recommended extending this contract, NOW THEREFORE BE IT RESOLVED that the Board of Trustees hereby authorizes the Village Manager to extend the contract for welding services with Santella Welding of Putnam Valley, New York, for a one-year period beginning December 6, 2024, through December 6, 2025. Resolution #243-2024 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 owns and maintains emergency generator systems at various buildings and facilities throughout the Village, and Village Board of Trustees November 20, 2024 WHEREAS the Village desires to perform periodic preventive maintenance on these systems and to ensure 24-hour emergency service when needed, and WHEREAS on December 9, 2022, the Village Board of Trustees awarded the contract for generator maintenance services to Gentech Ltd. of New Windsor, New York, in the amount of $10,880, and WHEREAS on November 27, 2023, the Board authorized a one-year extension of the contract through December 9, 2024, and WHEREAS Gentech Ltd. has expressed willingness to extend the contract under the same terms and conditions for another year, and WHEREAS Superintendent of Public Works Frank Balbi has recommended extending the contract with Gentech Ltd., NOW THEREFORE BE IT RESOLVED that the Board of Trustees hereby authorizes the Village Manager to extend the contract for generator maintenance services with Gentech Ltd. of New Windsor, New York, for a one-year period beginning December 9, 2024, through December 8, 2025. Resolution #244-2024 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 number of water leaks have been detected and addressed by the Water Department this year, and WHEREAS pavement restoration is necessary following these repairs, and WHEREAS full funding for these repairs was not included in the 2024-2025 Water Fund budget, NOW THEREFORE BE IT RESOLVED that the Village Board hereby authorizes the Village Treasurer to transfer $10,000 from the Water Contingency Account F1990.4000 to the following account: F8340.4170 (Water Transmission and Distribution - Replace Pavement). Resolution #245-2024 Village Board of Trustees November 20, 2024 On motion of TRUSTEE SIMON, seconded by TRUSTEE NICHOLSON, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a 4-0 vote. WHEREAS in early August 2024, a windstorm caused a power surge that affected the Village well fields and caused significant electrical issues at Well #1, and WHEREAS repairs to Well #1 were made under the Village's electrical contract, and WHEREAS funding for these repairs was not included in the 2024-2025 Water Fund budget, NOW THEREFORE BE IT RESOLVED that the Village Board hereby authorizes the Village Treasurer to transfer $4,977 from the Water Contingency Account F1990.4000 to the following account: F8320.4000 (Water Administration – Contractual). Resolution #246-2024 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 Board of Trustees has approved the retainer agreement for McCarthy Fingar LLP, of White Plains, New York, to serve as the new legal counsel for the Village of Croton-on-Hudson, NOW THEREFORE BE IT RESOLVED that the Village Board hereby authorizes the Village Treasurer to transfer $14,500 from Contingency Account A1990.4000 to the following account: A1420.4000 (Law-Contractual). Resolution #247-2024 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 hires lifeguards every year to manage Silver Lake, and WHEREAS due to staffing late in the season, some lifeguards earned overtime by working more than 80 hours within one biweekly pay period, and Village Board of Trustees November 20, 2024 WHEREAS funding for lifeguard overtime was not included in the 2024-2025 General Fund Adopted Budget, NOW THEREFORE BE IT RESOLVED: that the Village Board hereby authorizes the Village Treasurer to make the following interfund transfer in the 2024-2025 General Fund Budget: A7180.1200-Spec Rec-Personnel SRVCS OT $790.51 Decrease Expense A7180.1100-Spec Rec-Personnel SRVCS PT $791.51 c. APPROAL OF MINUTES: Motion to approve the minutes as amended of the Regular Meeting held on November 20, 2024, was made by Trustee Simon. The motion was seconded by Trustee Nicholson and approved with a 4-0 vote. Motion to approve the minutes of the Special Meeting held on November 25, 2024, was made by Trustee Simon. The motion was seconded by Trustee Nicholson and approved with a 4-0 vote. Motion to approve the minutes of the Executive Session held on November 25, 2024, was made by Trustee Simon. The motion was seconded by Trustee Nicholson and approved with a 4-0 vote. 6. NON-CONSENT AGENDA RESOLUTIONS: Resolution #248-2024 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 short-term rentals in New York State are not presently subject to the collection of sales tax and any applicable occupancy tax, and WHEREAS legislation has been passed by the State Legislature (A.4130-C / S.885-C) that would level the playing field for hotels and motels that are already paying the aforementioned taxes, and WHEREAS the legislation, if signed by the Governor, could also help mitigate the housing shortage in New York State, Village Board of Trustees November 20, 2024 NOW THEREFORE BE IT RESOLVED that the Village of Croton-on-Hudson Board of Trustees calls upon Governor Kathy Hochul to sign the above-listed bill into law, and BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to Governor Kathy Hochul and the New York State Conference of Mayors (NYCOM). Trustee Simon stated that this was high on the agenda of the New York Conference of Mayors (NYCOM) Association. Trustee Simon stated that he believes the collection of sales tax in our community is a very worthwhile effort to be pursued at the State level. Trustee Simon stated that down the road we should also look at the issue with respect to short-term rentals, but that is not what this legislation is about. Resolution #249-2024 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 Hudson River Kayak Outfitters LLC, d/b/a Hudson River Recreation LLC (HRR), has provided kayak rentals, lessons, and tours to the Village’s residents and visitors pursuant to previous agreements with the Village, and WHEREAS, the Village Board has determined it is in the public interest to continue to offer these recreational programs and services through HRR, and WHEREAS an agreement has been prepared outlining the terms for HRR’s operation of the kayak concession at the Echo Canoe Launch for the period from December 1, 2024, through December 1, 2029, with provisions for renewal, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby authorizes the Village Manager to execute the agreement with Hudson River Kayak Outfitters LLC, d/b/a Hudson River Recreation LLC, for the operation of the kayak concession as outlined in the agreement. Village Manager Healy stated that he believes this agreement is very fair, there is an annual increase in the percentage paid to the Village from the total revenue as well as the annual storage fee. Resolution #250-2024 Village Board of Trustees November 20, 2024 On motion of TRUSTEE SIMON, seconded by TRUSTEE NICHOLSON, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a 4-0 vote. WHEREAS pursuant to Section 493 of the New York State Tax Law, the sale of adult-use cannabis products is subject to a local excise tax of 4 percent of the product price, with the allocation of tax revenue specified therein, and WHEREAS Westchester County receives 1 percent of the total tax on cannabis sales conducted within its boundaries, in accordance with state tax law, and WHEREAS Section 496-b(b)(2) of the New York State Tax Law provides that in cases where a cannabis dispensary is situated in both a village and a town that permit the sale of adult-use cannabis, the remaining tax revenue shall be distributed evenly unless another proportion is agreed upon by the governing bodies of the town and village, and WHEREAS the Village of Croton-on-Hudson and the Town of Cortlandt have negotiated an agreement specifying the allocation of cannabis excise tax revenue, with the Village receiving 2 percent and the Town receiving 1 percent of the tax generated from sales within the Village, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby authorizes the Village Manager to sign the Cannabis Excise Tax Agreement with the Town of Cortlandt. Village Manager Healy explained that this agreement is being put in place proactively, there are no current plans for a dispensary to open within the Village of Croton-on- Hudson. Resolution #251-2024 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 in 2021, the EMS facility at 44 Wayne Street was deemed uninhabitable due to mold and structural issues, requiring the relocation of EMS services to a temporary space at the Harmon Firehouse, and Village Board of Trustees November 20, 2024 WHEREAS following a comprehensive review and design process involving Sullivan Architecture, P.C., it was determined that an addition to the Harmon Firehouse would serve as a permanent solution for the EMS facility, and WHEREAS the Village of Croton-on-Hudson solicited sealed bids for the Harmon Firehouse roof installation project under Bid No. 9-2024, and WHEREAS three bids were received and publicly opened on November 25, 2024, and WHEREAS the lowest responsible bid was submitted by Armor-Tite Construction of Port Chester, New York, in the amount of $73,000; and WHEREAS Superintendent of Public Works Frank Balbi has reviewed the submitted bids and has recommended awarding the contract to Armor-Tite Construction Corp., NOW THEREFORE BE IT RESOLVED that the Village Manager is hereby authorized to award Bid No. 9-2024 to Armor-Tite Construction Corp. of Port Chester, New York, in the amount of $73,000, and BE IT FURTHER RESOLVED that funding for this project has been allocated in capital account H4540.2102.23445. Resolution #252-2024 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 Dept. of Public Works has requested to purchase a sewer combination truck for maintaining its infrastructure, and WHEREAS the Village of Croton-on-Hudson solicited sealed bids for the sewer combination truck under Bid No. 10-2024, and WHEREAS one bid was received and publicly opened on November 27, 2024, and WHEREAS the lowest responsible bid was submitted by Cyncon Equipment Inc. of Rush, New York, in the amount of $199,925, and WHEREAS Superintendent of Public Works Frank Balbi has reviewed the submitted bid and has recommended awarding the purchase contract to Cyncon Equipment Inc., Village Board of Trustees November 20, 2024 NOW THEREFORE BE IT RESOLVED that the Village Manager is hereby authorized to award Bid No. 10-2024 to Cyncon Equipment Inc. of Rush, New York, in the amount of $199,925, AND BE IT FURTHER RESOLVED that the Village Treasurer is authorized to utilize a portion of the fund balance in the Sewer Fund in the amount of $199,925 for the purchase of this vehicle. 7. PUBLIC COMMENT – NON-AGENDA ITEMS: Ed Riely, 110 Truesdale Drive, Croton on Hudson, stated that he objects to the Presidential Medal of Freedom being given to former Planned Parenthood President Cecile Richards, believes that the LOT A proposed development is too high at 75 feet when you compare it to Metro North’s diesel electric shop at 65 feet, and since the Village was able to get Metro North to let go of liens of Village property, the Village should get them to do more. Marilyn Grantner, 115 Cleveland Drive, Croton on Hudson, stated that she is concerned with the work that is being done near the Gotwald Circle, she was hoping that the project would have been completed sooner, it is difficult for school buses and cars to maneuver in that area which will also be exasperated when it snows. Ms. Grantor emphasized that only one percent of the work that Planned Parenthood does relates to abortion. Jane Hallock, 50 Oneida Avenue, Croton on Hudson, asked the Board to list all the positive and negatives reasons of how all these giant new developments in Croton will benefit the taxpayers of Croton. Ms. Hallock stated that she moved to Croton from Yonkers to live in a quieter environment and asked the Board to take into consideration the Village’s Vibe. Donna Barbara, 41 Oneida Avenue, Croton on Hudson, stated that there is a lot of traffic that comes onto Oneida Avenue; it is also difficult to make left and right turns from Oneida onto South Riverside and suggested that the parking spaces on South Riverside be pushed back. Ms. Barbara also addressed her concerns of where the dumpsters are going to be placed, they are currently in the back and closer to where Capriccio Restaurant is, but the proposed location has them closer to Oneida Avenue and they would be adjacent to her driveway, she would like to see them pushed to the back and put the parking spaces in that location instead. Ms. Barbara also addressed the number of trees that were removed and asked if they will be replaced, and will the developer be required to do a traffic study. November 20, 2024 8. REPORTS: Trustee Slippen thanked the Board for having her back and she looks forward to working with Board and the community. Trustee Nicholson stated that the Tree Lighting ceremony will take place this Thursday, thanked DPW on a great job paving Olcott and Oneida, thanked Assemblywoman Levenberg for championing the 9A repaving project, assured everyone that every development project in the Village is weighed heavily to determine what the positive and negative effects will be on the Village, the Village does not have lots where we can grow single family homes, but we have lots where larger developments can be built and these developments will add to our tax revenues and help the Village to continue to sustain our budget. Trustee Nicholson stated that we’ve heard from the public regarding the traffic at South Riverside and Oneida and we have asked the developer to go back to review the traffic so that we have an understanding of what the volume of traffic will be, the issue of trees and garbage will be delt with during the Site Plan Review, and encouraged everyone to put their concerns in writing to the Planning Board Chair so they have them during the Site Plan Review. Trustee Simon stated that the points raised regarding the 325 South Riverside project are good points and we have asked the developer to put $10,000 in an Escrow Fund for the Village to analyze their traffic study, NYSERDA (New York State Energy and Research Development Authority) declared Croton #1 for our efforts in the reduction of green-house gases, on November 23rd the Rotary along with Shoprite gave out over 200 hundred turkeys, on Thanksgiving morning Croton High School revived the annual Turkey-Trot fund raiser for the American Heart Association, the Bicycle and Pedestrian Committee met on November 21st to discuss the Bike Share program, the Sustainability Committee met on November 24th wherein Lindsay Audin gave an update on the solar array project, participated in a meeting with New York State officials regarding the Quaker Bridge project. Mayor Pugh stated that based on Westchester County’s Housing Needs Assessment, there are 500 residents in Croton that are spending half their income or more on housing costs which is due somewhat to the decline in vacancies, and by creating new housing opportunities it brings competition in the market as well as creating opportunities for people to find affordable housing. Mayor Pugh reminded everyone that we live under a New York State Tax Cap of 2 percent, and for the Village to continue to stay within that Tax Cap and keep our Village affordable for all taxpayers, we need to find new sources of revenue and part of Village Board of Trustees November 20, 2024 that is expanding the property tax base. Mayor Pugh reminded everyone that the Village saw a decline in our train station parking permit revenues during Covid, and while those revenues have increased over the past two years, the Village needs to continue to find ways to increase our tax base. Mayor Pugh stated that when we talk about redeveloping sites in the Village, it is important to remember that these sites once held thriving businesses, and because that property has been very quiet over a number of years, we need to understand what the traffic was when that business was there, and the real focus needs to be on reducing overall traffic not limiting the construction of new homes and/or preventing the creation of new businesses in our community. Mayor Pugh stated that the Village has been working on trying to reduce traffic by expanding our sidewalks, participating in the expansion of the Project Mover program, as well as applying for a Mobility Innovation Grant that would pay for an electric shuttle bus that would provide service throughout the Village. Mayor Pugh stated that instituting a Consent Agenda is a way to make our meetings more efficient and productive, this Agenda was published five days before the meeting which gives the Board and public the opportunity to review them and have an item removed from the Consent Agenda if it is deemed necessary for further discussion, on December 18th at our Regular Meeting the Board will be issuing the Key to Croton to Janet Monahan and Ian Murtaugh and encouraged everyone to support our local businesses during this holiday season. Village Manager Healy stated that the applicant for Save Mor will be doing a traffic study and once that is made available the Board will be reviewing the data, the Solar Canopy project at the train station is moving along and we expect the project to be completed by the end of the year, reminded everyone that Property Tax Exemptions need to be renewed in December and a mailing will be going out to the community outlining the various exemptions, a meeting was held last week regarding the Quaker Bridge project, the County has pushed up the design phase of the project, they will be getting approvals from the New York State DEC, the Army Corps of Engineers, and New York State Historic Preservations, a SEQRA Review will also need to be done and they are hoping to complete the project by the middle of 2026. Village Manager Healy stated that once he has an update on the Cleveland Drive project he will share it with the Board and the public. There being no further comments to come before the Board, a motion to close the meeting was made by Trustee Simon. Motion was seconded by Trustee Nicholson and approved with a 4-0 vote. Meeting adjourned at 8:30pm. November 20, 2024 Judy Weintraub, Board Secretary __________________________ Paula DiSanto, Village Clerk