Documents

minutes 26 pages

Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY, held on Monday, December 18, 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. 2. Presentation of the Key to the Village to Janet Monahan and Ian Murtaugh in recognition of their service to the Village of Croton-on-Hudson. 3. Audit Presentation for the 2023-2024 Fiscal Year. Village Manager Healy explained that our auditor from O'Connor Davies had a dental emergency and was unable to attend tonight, so he and Village Treasurer Tucker will give a condensed presentation. Village Manager Healy further offered that the full audit presentation will be rescheduled for a work session in January. Financial Statements and Supplementary Information: 12/bf0019d854d397ab947250e234e2b8e5a0d66c71.pdf PKF O’Connor Davies Report: 12/58a0c9ed07ed9326067cab5c7c6ee6a1736d32e6.pdf Trustee Simon stated that this appears to be a clean audit, he is pleased to see that everything is in good shape, and the numbers are going in the right direction and looks forward to the presentation by our auditors in January. 4. APPROVAL OF VOUCHERS Trustee Simon made a motion to approve the following Fiscal Year Vouchers, Claims numbered 24252702-24252986. The Motion was seconded by Trustee Nicholson and approved with a 5-0 Vote. $198,855.83 Water Fund $19,486.48 Sewer Fund $3,456.74 Mayor Pugh Trustee Simon Village Manager Bryan Healy Trustee Nicholson Special Counsel, Linda Whitehead Trustee Politi – via zoon Village Treasurer Daniel Tucker Trustee Slippen Assistant to the Village Manager Emily Giovanni Village Board of Trustees December 18, 2024 Capital Fund $197,875.61 Trust Fund - Debt Fund - 5. RESPONSES TO QUESTIONS SUBMITTED BY EMAIL - none 6. PUBLIC COMMENT – AGENDA ITEMS Richard Olver, 42 Whelan Avenue, Croton on Hudson, stated that our community has become unaffordable, and we are in a multi-generational housing crises in this country because we stopped building reasonably priced housing, and we need to help our community so that it can be a home for everyone and not just the wealthy. Mr. Olver stated that he has gone over all the documentation, he has reviewed all the steps that have been taken and he is impressed that no stone has been left unturned and applauds the Board for the direction they are going. Catherine Borgia, 102 Maple Street, Croton on Hudson, stated that during her time as a member of the County Board of Legislators, the Board came to realize that the high cost of housing is harming all of us in Westchester County, and part of that is because we are severely under-built, Westchester County’s Housing Needs Assessment showed that people are burdened by the cost of housing and she believes Lot A is an ideal location because it is within walking distance to shopping and public transportation. Michael Mamone, 19 Young Avenue, Croton on Hudson, stated that he does not support the 1 Croton Point Avenue project, it is wrong for Croton, he is concerned that there will not be enough parking for tenants, does not believe in the estimated enrollment of children into the schools, it is going to be a drain on our resources, the building is too high and he is concerned that traffic in this area is going to get worse. Gary Eisinger, 210 Cleveland Drive, Croton on Hudson, stated that the sale of Lot A should be stopped and the Special Permit should be denied because he believes it is based on faulty data, diagrams presented to the public misrepresented the size and scale of this proposal, views will be destroyed and he believes the information that was given to the public on what the community would get from rezoning this property was misleading, he is concerned that the projected tax revenues are not accurate, and that the analysis on water, sewer, fire, noise, traffic, schools and other considerations cannot be relied upon and asked that the Village Board of Trustees December 18, 2024 contract be terminated and that a new consultant be hired that will provide accurate information to the Village. Matthew Schuerman, 53 Old Post Road North, Croton on Hudson, stated that he is not in favor of all development, but he is in favor of this development, the proposed development is within walking distance to the train station and the Village stands to gain 2.3 million dollars for a property that the Village is not using as well as property taxes in perpetuity, this project will bring more people who will patronize our Village businesses and a portion of that sales tax will also come back to the Village. Mr. Schuerman encouraged the Board to look at the big picture when considering future developments, but he does believe that this project has a lot of upside and little downside. Cristina Alvarez Arnold, 51 Old Post Road N, Croton on Hudson, stated that we are facing a shortage of housing, and that gap is widening and housing is one of the key elements to reducing intergenerational poverty and supports the 1 Croton Point Avenue project. E-mail from Ethan Samuel Lewis, 38 Glengary Lane, Croton-on-Hudson, dated December 17, 2024, stating that he is in favor of the 1 Croton Point Avenue Special Permit, this development will benefit the Village coffers, its urban fabric and current residents, the train station parking lot will be available for those tenants that need additional parking spaces, the project is a win-win for the Village and we are fortunate to have an opportunity to provide new housing. 7. CONSENT AGENDA: Trustee Nicholson asked for clarification on the sunsetting of the Business Development Committee. Village Manager Healy explained that the Business Development Committee was a committee that originally came out of the Comprehensive Plan Committee in 1999, it has not been very active in the past five years, and a lot of its work has been taken up by the Croton Business Council as well as our new Business and Community Liaison position. Village Manager Hearly stated that the Village is still very much committed to working on business and economic development and we will be doing that through the Croton Business Council and our Liaison. Trustee Simon stated that our last Chair of the Business Development Committee, Matthew Rubenstein, is very much in support of this, he has become one of the Village Board of Trustees December 18, 2024 more active members of our regular business meetings and continues to make many contributions to the business community. 1. Letter from Kimberley Russell, Fire Council Secretary, regarding the results of the annual Croton-on-Hudson Fire Department Chiefs Election https://play.champds.com/ATT/crotononhudsonny/2024- 12/d9280a71fcae6c53ebfe08bf7bd596d82ba26107.pdf 2. Notice of New York State Liquor License Application for the Grand Kitchen & Bar LLC located at 140 Grand Street. 12/f59646155fdfa6769dcb09317743abc4a2ad1e9f.pdf 3. 2024 Year-End Report from the Police Advisory Committee https://play.champds.com/ATT/crotononhudsonny/2024- 12/c0b98b0a7ed93d3bf60fa1aab0fa5511e8b4deb6.pdf 4. 2025 Trustee Liaison Appointments https://play.champds.com/ATT/crotononhudsonny/2024- 12/cf8f5fdd5eb643a491dea0742de3753d78954ebc.pdf b. RESOLUTIONS: Resolution #253-2024 On motion of TRUSTEE SLIPPEN, 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 Local Law Introductory No. 16 of 2024 has been drafted to amend Chapter 135, Garbage, Rubbish, and Littering, of the Village Code, and WHEREAS the proposed local law includes revisions to update definitions in the Village Code and set the times when garbage containers may be placed curbside, and WHEREAS the Village Board of Trustees wishes to schedule a public hearing to consider Local Law Introductory No. 16 of 2024, Village Board of Trustees December 18, 2024 NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby schedules a Public Hearing on Wednesday, January 8, 2025, at 7:00 PM in the Georgianna Grant Meeting Room of the Stanley H. Kellerhouse Municipal Building to consider Local Law Introductory No. 16 of 2024. Resolution #254-2024 On motion of TRUSTEE SLIPPEN, 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 Business Development Committee (BDC) is the successor of the Village Comprehensive Plan Committee, which was first appointed in 1999, and WHEREAS the BDC has been charged with working on initiatives within the Village to foster economic development, and WHEREAS a number of these initiatives have been put into place, such as the reformation of the Croton Business Council and the appointment of a new Business and Community Liaison in the Village Manager’s office, and WHEREAS the Croton Business Council and the liaison position are well-suited to carry on the work of the BDC in the future, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby sunsets the Business Development Committee with thanks to all the members of the community who have served on this committee and its predecessor committee over the past 25 years. Resolution #255-2024 On motion of TRUSTEE SLIPPEN, seconded by TRUSTEE NICHOLSON, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a 5-0 vote. WHEREAS the Village of Croton-on-Hudson plans to carry out a cybersecurity review, to check for potential weaknesses in the Village’s computer systems, and WHEREAS a quote in the amount of $4,800 has been provided by WSG Consulting, Inc., and WHEREAS funding for this expense was not included in the 2024-2025 General Fund budget, Village Board of Trustees December 18, 2024 NOW THEREFORE BE IT RESOLVED that the Village Board hereby authorizes the Village Treasurer to transfer $4,800 from Contingency Account A1990.4000 to the following account: A1650.4000 – Central Communications – Contractual: $4,800 Resolution #256-2024 On motion of TRUSTEE SLIPPEN, 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 Section 2019-a of the Uniform Justice Court Act requires that Village Justices annually provide their court records and dockets to be audited, and WHEREAS O’Connor Davies, LLP, of Harrison, New York, conducted an independent audit of the Justice Court of the Village of Croton-on-Hudson for the fiscal year ending May 31, 2024, and WHEREAS the Village Board of Trustees has received a copy of the audit report, NOW THEREFORE BE IT RESOLVED: that in accordance with Section 2019-a of the Uniform Justice Court Act, the Village Board of Trustees acknowledges that the required audit was conducted, and BE IT FURTHER RESOLVED that the Village Clerk is hereby authorized to forward a copy of the annual report and a copy of this resolution to the New York State Office of Court Administration. Resolution #257-2024 On motion of TRUSTEE SLIPPEN, seconded by TRUSTEE NICHOLSON, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a 5-0 vote. WHEREAS the Village of Croton-on-Hudson plans to send a Village-wide mailing in the new year related to code enforcement, and WHEREAS funding for this expense was not included in the 2024-2025 General Fund budget, Village Board of Trustees December 18, 2024 NOW THEREFORE BE IT RESOLVED that the Village Board hereby authorizes the Village Treasurer to transfer $6,000 from Contingency Account A1990.4000 to the following accounts: A1230.4000 – Manager – Contractual: $4,800 A1650.4410 – Central Communications – Postage: $1,200 Resolution #258-2024 On motion of TRUSTEE SLIPPEN, 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 on-site audit has been completed for the 2023/2024 Fiscal Year and so the following transfers are required as detailed below; and NOW THEREFORE BE IT RESOLVED The Village Treasurer is authorized to make the following budget transfers to the 2023/2024 adopted budget as follows: General Fund: A9010.8000-NYS ERS Undistributed $17,462 A9015.8000-NYS PRS-Undistributed $26,537 Increase Revenue A1000.2401-Interest & Earnings $43,999 Water Fund: Increase Expense: F9010.8000-NYS ERS-Undistributed $ 5,008 Decrease Expense: F8397.2000-WTR Capital Projects $ 5,008 Sewer Fund: Increase Expense: G9010.8000-NYS ERS-Undistributed $ 194 Decrease Expense: G8997.2000-Home-Community Serv-Equipment $ 194 c. APPROAL OF MINUTES: December 18, 2024 Motion to approve the minutes of the Regular Meeting held on December 2, 2024, was made by Trustee Slippen. The motion was seconded by Trustee Nicholson and approved with a 5-0 vote. Motion to approve the minutes of the Organization Meeting held on December 2, 2024, was made by Trustee Slippen. The motion was seconded by Trustee Nicholson and approved with a 5-0 vote. 8. PROPOSED RESOLUTIONS: Resolution #259-2024 On motion of TRUSTEE SIMON, seconded by TRUSTEE NICHOLSON, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a 5-0 vote. WHEREAS the Village of Croton-on-Hudson has owned a parcel located on the north side of Croton Point Avenue at its intersection with Veterans Plaza, also known as Tax Map Parcel 79.17-1-5 (“Lot A”) since the 1960s, and WHEREAS Lot A was utilized as overflow parking for the Croton-Harmon Train Station for many years and since the COVID-19 pandemic reduced the demand for commuter parking, and additional parking spaces were added with the relocation of the Department of Public Works from the Train Station, the Village Board of Trustees (“Village Board”) has determined Lot A is not needed for municipal purposes and issued a Request for Proposals (“RFP”) for the development of Lot A, and WHEREAS on April 24, 2024, the Village Board adopted Resolution 86-2024 to move forward with WBP Development LLC (“the Applicant”) of Chappaqua, New York, as the proposed purchaser and developer of Lot A, and WHEREAS the Applicant has also entered into a contract for the purchase of the adjacent parcel owned by Croton Point Realty Inc. located at 1 Croton Point Avenue and also known as Tax Map Parcel 79.17-1-4 (“the CPR Parcel”), and WHEREAS as the Applicant will be purchasing the CPR Parcel, the Village Board has indicated it will also include an additional adjacent Village owned parcel currently leased to Croton Point Realty Inc. for use in conjunction with the CPR Parcel, which additional parcel is known as Tax Map Parcel 79.17-1-3 (“the Additional Village Parcel”) (Lot A, the CPR Parcel and the Additional Village Parcel are collectively referred to as “the Property”), and Village Board of Trustees December 18, 2024 WHEREAS the Property is located in the LI Zoning District and within 1,500 feet of the Croton-Harmon Train Station, allowing for a variety of light industrial and multi-family residential uses, and WHEREAS the Proposed Action includes the sale of Lot A and the Additional Village Parcel by the Village and the redevelopment of the Property with a 5-story, 100-unit, affordable multifamily building with amenity space and 105 on-site parking spaces in a combination of surface and below-building parking areas, and WHEREAS the Village Board has received a special permit application for the proposed five-story, one hundred (100) unit residential building on the Property from the Applicant, and WHEREAS the Applicant has submitted Part 1 of a Full Environmental Assessment Form (“Full FEAF”) with supplemental studies and a Coastal Assessment Form, and WHEREAS on July 17, 2024, the Village Board declared its intent to be the Lead Agency for State Environmental Quality Act (“SEQRA”) purposes in connection with the Proposed Action and directed Village staff to circulate its intent to all interested and involved agencies and WHEREAS on August 21, 2024, the Village Board referred the special permit application and associated documents and the Coastal Assessment Form to the Waterfront Advisory Committee for a recommendation of consistency with the Village’s Local Waterfront Revitalization Program (“LWRP”), and WHEREAS the Village Board retained the consulting firm AKRF Inc. of White Plains, New York (“AKRF”) to assist in the SEQRA, LWRP and special permit reviews, and WHEREAS the Village Board as Lead Agency has reviewed the entire record, including the Full EAF Part 1 and Supplemental Studies and additional information together with the Memoranda provided by AKRF, as well as comments received from the Planning Board, the Waterfront Advisory Committee, the Westchester County Planning Board, other involved agencies, and the public comments, and WHEREAS at its work session meetings on September 25, 2024, October 16, 2024, and November 6, 2024, the Village Board reviewed the Full EAF Part 2 and verbally answered the questions set forth therein based upon the entire record, and determined that no potential impacts were identified as moderate to large, and therefore no additional analysis was required in a Part 3, and directed the preparation of the Part 2 and Part 3 forms and a negative declaration under SEQRA for adoption, and Village Board of Trustees December 18, 2024 WHEREAS at its work session on December 4, 2024, the Village Board also reviewed the Full EAF Part 2 and 3 as well as the proposed attachment to the Negative Declaration and the Reasons Supporting the Determination, and WHEREAS in connection with the Proposed Action, the Village Board is required to make a determination of consistency with the LWRP policy standards and conditions, and WHEREAS the Village Board has duly referred this matter to the Village Waterfront Advisory Committee which has made and provided in writing to the Village Board a recommendation of consistency with the LWRP policy standards and conditions. and WHEREAS at its meeting on October 16, 2024, the Village Board reviewed the recommendations of the Waterfront Advisory Committee in relation to the applicability and consistency of each of the policies and sub-policies thereunder set forth in the LWRP and reviewed all the policies as set forth in the LWRP, and WHEREAS the Village Board desires to memorialize its discussion and findings with respect to its determination of consistency as set forth at the October 16, 2024, meeting in written form, NOW THEREFORE BE IT RESOLVED as follows: That based upon the entire record on the Proposed Action and the above, the Village Board of Trustees hereby adopts the EAF Parts 2 and 3 Determination of Significance including the Attachment to and Forming a Part of the Negative Declaration attached hereto, and adopts a Negative Declaration under SEQRA determining that the Proposed Action will not result in any potential adverse environmental impacts and that therefore an Environmental Impact Statement will not be required in connection with this Proposed Action, and BE IT FURTHER RESOLVED as follows that the Village Board makes the following findings regarding the applicability of the LWRP policies and the consistency of the Proposed Action with those policies and conditions of the LWRP which it found applicable: Policy 1A - Encourage integrated development of Village property to assure fulfillment of requirements relating to parking and accessory uses of Metro-North train station, while facilitating public access to the bay area and recreational use. The Village Board found that this policy is applicable to the Proposed Action. The Board found the action is consistent with this policy as the proposed development will be a transit-oriented development appropriately located adjacent to the Metro-North train station. The Village Board also found that the Proposed Action is an appropriate use of Village Board of Trustees December 18, 2024 Lot A as the parking is no longer needed or utilized at that location given the reduced parking demand and the provision of additional parking spaces with the relocation of the DPW facilities. Policy 5 - Encourage the location of development in areas where public services and facilities essential to such development are adequate. Policy 5A - When feasible, development within the Village should be directed within the current service area of existing water and sewer facilities or in close proximity to areas where distribution lines currently exist. The Village Board found that these policies are applicable and that the Proposed Action is consistent with the policies as it proposes development in an area where public services and facilities are adequate. Utility connections are available and mass transit (rail and bus) are within walking distance. Existing water and sewer distribution facilities and capacity are available, and the Applicant will make any upgrades as may be necessary. Policy 6 - Expedite permit procedures in order to facilitate the siting of development activities at suitable locations. The Village Board found that this policy is applicable and that the Proposed Action and the procedures followed is consistent with the policy. Policy 7E - Runoff from public and private parking lots and from storm sewer overflows shall be effectively managed so as to prevent oil, grease, and other contaminants from polluting surface and ground water and impact to the significant fish and wildlife habitats. The Village Board found that this policy is applicable to the Proposed Action. The Board found the action is consistent with this policy as the proposed development will provide for treatment of stormwater and stormwater management where none is provided today for the existing parking lot, resulting in an improvement over existing conditions. Policy 11- Buildings and other structures will be sited in the coastal area so as to minimize damage to property and the endangering of human lives caused by flooding and erosion. The Village Board found that this policy is applicable to the Proposed Action. The Board found the action is consistent with this policy as the proposed development is located outside of a flood zone and will not result in any risks related to flooding and erosion. As noted above, on-site stormwater management practices are proposed. December 18, 2024 Policy 12 - Activities or development in the coastal area will be undertaken so as to minimize damage to natural resources and property from flooding and erosion by protecting natural protective features including beaches, dunes, barrier islands and bluffs. The Village Board found that this policy is applicable to the Proposed Action. The Board found the action is consistent with this policy as the Property consists of a parking lot with a commercial building and the Proposed Action will not result in any damage to natural resources. No natural protective features are located on or near the Property. Policy 18 - To safeguard the vital economic, social, and environmental interests of the State and of its citizens, proposed major actions in the coastal area must give full consideration to those interests, and to the safeguards which the State has established to protect valuable coastal resource areas. The Village Board found that this policy is applicable to the Proposed Action. The Board found the action is consistent with this policy as the Property consists of a parking lot with a commercial building which is not in the vicinity of any valuable coastal resources. Policy 33 - Best Management Practices will be used to ensure the control of stormwater runoff and combined sewer overflows draining into coastal waters. Policy 33A - The flow of stormwater discharge shall be controlled to limit the flow of pollutants from street and parking areas, etc. directly into the rivers and water bodies. The Village Board found that these policies are applicable and that the Proposed Action is consistent with the policies as Best Management Practices will be used to capture, treat and release stormwater from the Property. Policy 41 - Land use or development in the coastal area will not cause national or State air quality standards to be violated. The Village Board found that this policy is applicable to the Proposed Action and that the action is consistent with this policy as no federal or State air quality standards will be violated. The remaining policies and conditions of the LWRP not specifically discussed above were reviewed and found not to be applicable; and BE IT FURTHER RESOLVED as follows: Based upon the above, the Village Board of Trustees confirms its determination that the Proposed Action complies with the policy standards and conditions set forth in the Village’s LWRP. December 18, 2024 Resolution #260-2024 On motion of TRUSTEE SIMON, seconded by TRUSTEE NICHOLSON, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a 5-0 vote. WHEREAS the Village of Croton-on-Hudson has owned a parcel located on the north side of Croton Point Avenue at its intersection with Veterans Plaza, also known as Tax Map Parcel 79.17-1-5 (“Lot A”) since the 1960s, and WHEREAS on April 24, 2024, the Village Board adopted Resolution 86-2024 to move forward with WBP Development LLC (“the Applicant”) of Chappaqua, New York, as the proposed purchaser and developer of Lot A, and WHEREAS the Applicant has also entered into a contract for the purchase of the adjacent parcel owned by Croton Point Realty Inc. located at 1 Croton Point Avenue and also known as Tax Map Parcel 79.17-1-4 (“the CPR Parcel”), and WHEREAS as the Applicant will be purchasing the CPR Parcel, the Village Board has indicated it will also include an additional adjacent Village owned parcel currently leased to Croton Point Realty Inc. for use in conjunction with the CPR Parcel, which additional parcel is known as Tax Map Parcel 79.17-1-3 (“the Additional Village Parcel”) (Lot A, the CPR Parcel and the Additional Village Parcel are collectively referred to as “the Property”), and WHEREAS the Property is located in the LI Zoning District, and WHEREAS the Village Board has received a special permit application from the Applicant for a transit-oriented development consisting of multifamily residential building of five (5) stories with cellar level for parking below grade, containing 100 residential units consisting of approximately 46 one-bedroom and 54 two-bedroom units and providing 105 parking spaces in a combination of surface and below-building parking, with amenities within the building including a community room, fitness center, coworking lounge, bike storage room, and a rooftop deck and envisioning sustainable building design features including full electrification, solar readiness, high efficiency HVAC equipment (cold climate air source heat pumps) and appliances (Energy Star Multifamily New Construction Program), Level 2 EV charging stations (1 per 20 parking spaces) and low-flow water fixtures (the “Project”), and WHEREAS transit-oriented development consisting of multifamily residential buildings as proposed are permitted as a special permit use on the Property as the Property fronts on Village Board of Trustees December 18, 2024 Croton Point Avenue on the west side of Route 9 and within 1,500 feet of the Croton- Harmon Train Station, and WHEREAS the Project is fully zoning compliant with the dimensional requirements for transit-oriented multifamily residential buildings within the LI Zoning District, and WHEREAS on July 17, 2024, the Village Board referred the special permit application and associated documents to the Planning Board for review and recommendation in accordance with Village Code, and WHEREAS on August 21, 2024 the Planning Board issued a memo to the Village Board in which it discussed the five goals and objectives set forth in §230-58 of the Village Code, and concluded that “the Planning Board thinks that this is a good location and design for the apartment building,” but expressed concerns with the number of units based largely on concerns regarding traffic, parking, fiscal impacts and school children as the studies had not yet been provided, and WHEREAS the Planning Board recommended that additional studies, including on potential impacts related to traffic and parking, noise (effects of road and rail sources on future residents), projected school children, and fiscal analysis be provided, and that the application be reviewed by the Croton-on-Hudson Fire Department, and WHEREAS the Planning Board memo further noted that the Request for Proposals issued by the Village Board for Lot A (the “RFP”) required the Applicant provide some form of public benefit or public amenity which remained to be discussed, and WHEREAS after receipt of the Planning Board memo the Village Board requested and has received significant additional information including a detailed traffic study and parking demand analysis, fiscal impact analysis, public school impact analysis, and a noise study, and the Applicant has met with the Fire Department, and WHEREAS the Village’s Planning Consultant AKRF, Inc. (“AKRF”) reviewed the various studies and both AKRF and the Village Board requested additional information or analysis, all of which have been provided and reviewed, and WHEREAS in addition to the studies and analyses requested by the Planning Board, the Village Board also received and reviewed a visual impact analysis and other studies as part of its SEQRA review, and WHEREAS a Public Hearing was by the Village Board on September 18, 2024, and continued to and closed on October 9, 2024, and Village Board of Trustees December 18, 2024 WHEREAS the Village Board has heard additional public comments at several meetings and received written public comments on the application and has taken all public comments into consideration, and WHEREAS on December 18, 2024, the Village Board adopted a Negative Declaration under the State Environmental Quality Review Act (“SEQRA”) for the Proposed Action/Project, and WHEREAS, on December 18, 2024, the Village Board determined that the Proposed Action/Project was consistent with the policy standards and conditions set forth in the Village’s Local Waterfront Revitalization Program (LWRP). NOW THEREFORE BE IT RESOLVED as follows: The Village Board has considered the following objectives and goals set forth in §230-58 of the Village Code, which are also addressed in the SEQRA Negative Declaration, and makes the following findings with respect thereto: A. The accessibility of all proposed structures to fire and police protection. The Village Manager has discussed the Project with the Police Chief, and he has indicated the police have no concerns regarding the Project. A meeting was held with the Applicant, Village officials and the Fire Chief at which fire access was reviewed, and the Fire Chief made a request for an additional hydrant and certain other modifications which were agreed to by the Applicant and with these modifications accessibility of the structure for fire and police protection will be satisfied. B. The compatibility of the location, size and character of the proposed use with the orderly development of the zoning district in which it is located and with that of adjacent properties in conformity with the zoning district applicable to such properties. The Project is in a location which meets the requirements of the Zoning Code for a transit-oriented multifamily development. The Village Board has reviewed visual impacts and is satisfied that the size and character of the building is appropriate and in conformity with the zoning district, although the Applicant shall work with the Planning Board to finalize the architectural and aesthetic design of the Project. C. The safety, convenience and congruity with the normal traffic of the neighborhood and of the pedestrian and vehicular traffic generated by the proposed use, taking into particular account the location and size of such use, Village Board of Trustees December 18, 2024 the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets. The Village Board and its consultants have reviewed extensive traffic studies and supplemental information and parking demand studies and has determined there will be no impact on the safety, convenience and congruity with the normal traffic of the neighborhood. Access to the site for vehicles and school buses has been reviewed and modified to address any concerns, although the Applicant shall work with the Planning Board to finalize the details on access and will also coordinate with the New York State Department of Transportation (“NYSDOT”) on certain signal timing adjustments recommended through the traffic study. D. The compatibility of the location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site with adjacent land and buildings and their appropriate development. The Village Board has reviewed visual impacts and potential impacts of the location and height of the building and is satisfied that the height and location are compatible with adjacent land and buildings. Final landscaping plans will be reviewed and approved by the Planning Board as part of site plan approval. The Applicant shall work with the Planning Board to finalize the architectural and aesthetic design of the Project. E. The preservation of ecological or environmental assets of the site or adjacent lands. There are currently no ecological or environmental assets of the site or adjacent lands to be preserved. The Project will improve the environmental condition of the Property. BE IT FURTHER RESOLVED that the Village Board issues a special permit for the Project subject to the following conditions: 1. The applicants obtain site plan approval from the Planning Board in accordance with Article XI of Chapter 230 of the Village Code. 2. As part of the site plan approval process the layout of the proposed water and sewer systems will be finalized with input from the Village Engineer. As noted in the Negative Declaration, there are two possible options to provide adequate fire flow to the Property. December 18, 2024 3. The site plan approval shall be conditioned upon a requirement that the Building Department will be provided with documented sound transmission ratings of the proposed windows and façade materials, as well as composite attenuation calculations to be completed by the Applicant’s architect, to be reviewed and approved prior to the issuance of a building permit to provide assurance that the appropriate level of noise attenuation documented in the Negative Declaration will be met. 4. The Applicant in conjunction with site plan approval shall coordinate with NYSDOT on adjusting the timing for certain traffic signals on Croton Point Avenue as identified in the Applicant’s Traffic Impact Study and the Negative Declaration, and a copy of the Traffic Impact Study shall be provided to NYSDOT. 5. The Applicant shall modify the site plans to make the revisions requested by the Fire Department as set forth in the memo from the Village Manager to the Village Board dated November 6, 2024. 6. The site plan approval shall be conditioned upon the Building Department being provided with a Soil Management Plan (“SMP”) and specifications for the proposed vapor barrier for review and approval, with input from the Village’s consultants prior to issuance of a building permit. As noted in the Negative Declaration, with the above measures included as part of the Project’s construction, no impacts related to the creation of hazards to human health are anticipated. 7. The Applicant and the Village Board shall review and agree upon a public amenity to be provided as required by the RFP. Trustee Simon read the following statement in support of the Special Permit for Lot A and his reasons why he feels the proposed project should proceed to its next steps in the regulatory process: 1. This Is a Great Place to Build Housing This is an underused publicly owned lot that served its purpose in its day. But now the day has changed. We have a responsibility to ensure that this vacant lot is put to good use in the future. And what a place it will be to live: Croton Point Park to Village Board of Trustees December 18, 2024 your right, the Train Station straight ahead - and to your left the restaurants, shops and stores of the South Riverside business district. 2. I Believe in Transit Oriented Development I have studied it, I have experienced it, I have seen it work in other communities around the country and here in Westchester. It is one of the leading policies that we have to increase our sustainability in the future. TOD is a good thing. This project is one of the best – and most obvious – examples of transit-oriented development I have ever seen. 3. We’ve Taken our Time and Done Our Homework We promised we were not in a hurry on this project, and we kept our word. Whether you measure it from the time we began examining the zoning in 2021, or developed the Request for Proposals in 2023, or selected the developer in April of this year, we have been deliberative, we have gone step-by-step and as Ian Murtaugh implored us to do – we have done our homework! 4. AKRF We have been assisted from the start in our efforts by one of the most capable planning and engineering firms around – AKRF. They were paid for by the developer, but they reported to answered to only this Board. They are smart, they are honest. They are fact based. Which, by the way, is all we ever asked them to be – the skilled analysts giving us the best information on complicated issues that they could discern. AKRF has done well by Croton when it comes to this project. 5. The Task Force All throughout this process – even before the RFP was issued – we have been guided by a hard-working citizens Task Force on Lot A. Their mission was to determine how the Village should go about repurposing Lot A – they helped draft the RFP and then made critical recommendations after we received proposals. The Task Force was headed by former Mayor Bob Elliott and included those with expertise in business, labor, housing, schools and architecture. They did a great service for us all. 6. A Unique Project Should this project get the funding it seeks form AHOP – the Assistance for Home Ownership Program – it will be a unique project for Croton and our whole region – affordable condominiums for middle class families, those earning around $150,000 per year. They do not make enough for a $700,000 mortgage for a single-family home in Croton, but through this project they can get their slice of the American dream. 7. WBP I think we did well in choosing WBP to develop this site. They have been professional and, as they have said previously in this room, they are open to Village Board of Trustees December 18, 2024 proposals to improve this project, particularly on the design side that would satisfy many who have critiqued the current rendering of how the building would look. We should take them up on that offer. 8. Labor In our RFP the Lot A Task Force had the wisdom to require that union jobs be part of the construction of this building. I like that. It is unique for smaller residential projects, but I am very glad union jobs will be part of this project when it reaches the construction stage. Croton should be proud that the Lot A project will have union jobs. 9. The Planning Board I have been one of the Board Liaisons to the Planning Board for over four years. During that time, I have observed one common occurrence – working with developers, the Planning Board always improves a project. They have outstanding leadership in Chair Rob Luntz, and hard-working members who know what they are doing. Just like we have been in no hurry, I know the Planning Board will likewise take their time to get the Site Plan right for this project, working carefully with the developer, WBP. I look forward to that process – I look forward even more to the result. 10.Revenue to the Village That is never the only reason to do a project, but it is a factor which should not be swept under the rug. Why does a Village need more revenue: – to pay a professional police force and make sure they have the equipment they need, to ensure that the Fire Department has the equipment it needs, to make certain we have a Department of Public Works next to none, that we have first class parks, and recreation programs for our kids and seniors and everyone in between, and adequate funding for our schools. You need revenue for all of this, and the needs grow annually. Raising everyone’s taxes is one way to get that revenue but I do not like that way. Responsibly developing unneeded public property is another way. Whether it is the purchase price for the land or the property tax that will be paid – and let’s be clear - most of this project land has not paid property taxes in 50 years or more – those dollars will mean a great deal to the maintenance and improvement of this Village. Those are the 10 reasons why I favor this Special Permit. This project is good. It is not perfect, but it can be made better. The Special Permit is the essential next step in making that happen – in making this project better. That is why I am pleased to vote “Aye” when the question is called. Trustee Nicholson stated that this area of the Village is unique in that it is close to transportation and was the reason it was looked at as an opportunity for Transit-Oriented Village Board of Trustees December 18, 2024 Development. Trustee Nicholson stated that these two particular parcels are located in the Light Industrial Zone, and they are going to be developed in a way that is unlike other areas in the Village, the development will potentially be a five-story building because that is what is appropriate in the zoning for this area and emphasized that in other areas of the Village this would not be the case. Trustee Nicholson stated that the Board has been working towards reaping the benefits of this re-zoning and we are fortunate that when we put the RFP out, and WPB answered the call, they also had an agreement for the purchase of the lot next door which gives us the opportunity for synergistic development. Trustee Nicholson emphasized the importance to continue to work with the Planning Board to make sure that this particular combined parcel will be a true jewel to our community, and she has confidence in our development team that they will work with the Planning Board and design team to make sure this is a livable development. Trustee Nicholson stated that this is an empty parking lot which is going to revitalize this part of Croton and help our businesses. Trustee Slippen stated that while she has been following the project she has not been entrenched with the decision-making process these past several months. Trustee Slippen stated that she worked on the Town of Cortlandt’s Master Plan, and she is very aware of Croton’s Comprehensive Master Plan and understands what the zoning is in this area, she has observed an empty parking lot for years and believes that the location and the time for this project is spot on and a great opportunity for Croton. Trustee Slippen stated that the Planning Board’s memo and the Lot A Task Force may have caused some confusion with respect to the scope and size of the project, and it is important that we learn from this process as we move forward with other developments. Trustee Slippen stated that the taxation piece is super-complicated, and we need to figure out a way to communicate that information to our constituents, we have gotten a lot of feedback on the design and believes that the Planning Board will be able to make recommendations to what the public amenity piece will look like as well. Trustee Politi stated that although people have expressed concerns about parking, because this is a Transit-Oriented Development, she does not believe all of the 100 parking spaces will be taken up. Trustee Politi added that if you look at the school impact from the Maple Commons development, she also does not believe that the schools are going to be overburdened with this project. Trustee Politi emphasized that, even though this project is going before the Planning Board for review, the Village Board will continue to communicate with the public and she is happy that we are taking this action today. Mayor Pugh stated that in 2014 when he ran for a seat on the Village Board he shared that he would be a proud advocate for affordable housing for our community, he further stated that our greatest challenge is making sure that Croton-on-Hudson is a place that Village Board of Trustees December 18, 2024 middle class families can afford to live in and to achieve that goal it requires a housing stock that addresses the needs of people from diverse backgrounds and in different stages of life, but sadly today, our housing stock is not doing that, the medium Village resident earning an income of $150,000 could not afford to live in our community if they had to buy the typical house here today, and hundreds of residents spend half their income or more on housing which is a burden that reduces what they can spend on local businesses and even worse, their ability to save and build for a better future for themselves and their families. Mayor Pugh stated that the approval of the Special Permit for Lot A brings us one step closer in addressing this problem and fulfilling our commitments as a Pro-Housing Community, and to allow the status quo of rising rents and few opportunities for people to realize the American dream of home-ownership would be undermining that commitment, there are a lot of benefits to this project; more customers for our local businesses, broadening our tax base and reducing the tax burden on current tax-payers, creating jobs and homes for those that need them, and while there has been concerns raised about the size of this project, downsizing the project downsizes these benefits to our community, residents have raised concerns with respect to traffic, public safety, water, sewer and infrastructure, and the adequacies of public facilities including our schools, but over the last five months during our SEQRA Review, we have looked at those topics closely and we have found the proposal compatible in all respect and therefore he supports issuing the Special Permit and moving this application to our Planning Board for a robust Site Plan review process. Resolution #261-2024 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 with a 5-0 vote. WHEREAS the Village of Croton-on-Hudson is legally required to follow the federally mandated minimum wage for its employees which is currently set at $7.25 per hour, and WHEREAS New York State has adopted a minimum wage rate schedule for various parts of the state, and WHEREAS although the Village is exempt from these schedules, it recognizes the need to set a higher minimum rate standard than the federal guidelines, and WHEREAS the state minimum wage is scheduled to increase on January 1, 2025, to $16.50 per hour for New York City and the counties of Nassau, Suffolk, and Westchester, and to $15.50 per hour for the rest of the state; and Village Board of Trustees December 18, 2024 WHEREAS the Village Board of Trustees has decided that it would follow the schedule set for the remainder of New York State, and WHEREAS this minimum wage policy as adopted would apply to all seasonal part-time employees of the Village, including, but not limited to, camp counselors, lifeguards, gate attendants, and laborers, NOW THEREFORE BE IT RESOLVED that the Village Manager is authorized to implement a minimum wage of $15.50 per hour as of January 1, 2025, for all seasonal part-time employees of the Village. Mayor Pugh explained that the Village is only bound by the Federal Minimum Wage which remains at $7.25 an hour, New York State adopted a Statewide Minimum Wage, and he is happy that we are dittoing that policy and voluntarily complying with our State Minimum Wage. Mayor Pugh stated that a lot of these jobs are held by our local youth that work in the Recreation Department, and he is proud that we are doing this. Resolution #262-2024 On motion of TRUSTEE SIMON, seconded by TRUSTEE NICHOLSON, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a 5-0 vote. WHEREAS the Village of Croton-on-Hudson has been awarded funding through a grant contract (Contract Number DEC01-C02671GM-3350000) with the New York State Department of Environmental Conservation through the Municipal Zero-Emission Vehicle Infrastructure grant program, and WHEREAS the Village of Croton-on-Hudson will utilize this funding to install electric vehicle charging stations and upgrade supporting infrastructure at the Croton-Harmon train station parking lot, and WHEREAS the term of the contract extends from October 1, 2021, to September 30, 2025, with a total funding amount of $149,266.78, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby authorizes the Village Manager to execute the grant contract with the New York State Department of Environmental Conservation. Resolution #263-2024 Village Board of Trustees December 18, 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 Croton Council on the Arts (CCoA) hosted the annual Hudson River Arts & Crafts Festival on September 2, 2024, at Senasqua Park, and WHEREAS DPW personnel were required to support the event, resulting in overtime costs, and WHEREAS CCoA has submitted payment for the overtime costs associated with supporting this event, NOW THEREFORE BE IT RESOLVED that the Village Treasurer is authorized to make the following budget amendment to the 2024-2025 General Fund budget as follows: GENERAL REVENUE Increase A5110.1710 Public Works Charges $2,696.44 GENERAL EXPENSE Increase A7110.1200 Parks – Personnel Services Overtime $2,696.44 Resolution #264-2024 On motion of TRUSTEE SIMON, seconded by TRUSTEE NICHOLSON, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a 5-0 vote. WHEREAS the Village of Croton-on-Hudson owns the staircase that connects Farrington Road to Brook Street, having purchased the property in 1930, and WHEREAS the steps have been found to be in disrepair and must be maintained, and WHEREAS Site Design Consultants of Yorktown Heights, New York, has provided a proposal in the amount of $29,700 to prepare construction documents for the design and bidding of this project, and WHEREAS Frank Balbi, Superintendent of Public Works, has recommended the acceptance of this proposal, and WHEREAS funding for this expense was included in the 2024-2025 Capital Fund budget, Village Board of Trustees December 18, 2024 NOW THEREFORE BE IT RESOLVED that the Village Board hereby authorizes the Village Manager to accept the proposal from Site Design Consultants of Yorktown Heights, New York, in the amount of $29,700. 9. PUBLIC COMMENT – NON-AGENDA ITEMS: Michael Mamone, 19 Young Avenue, Croton on Hudson, suggested that we do something to celebrate the election of our new President, does not support the Gotwald Circle project, cobblestones would have been a better choice, asked how much the clock cost, parking of commercial vehicles continues to be a problem in his neighborhood, bikes and mopeds do not belong on roadways and asked that the dog ordinance be enforced. John Bainlardi of WDB Development thanked the Board for choosing them to be a part of this exciting project, WBD is looking forward to working with the Planning Board so that we produce the best development that we can have and one that we can all be proud of. Phyllis Morrow, 61 Nordica Drive, Croton on Hudson, stated that she is disappointed that Emily Giovanni will be leaving Croton, she is distressed that the Business Council is being dissolved, concerned that the Village may lose a lot of funding in 2025 that they are counting on, does not believe that the Lot A development is appropriate for housing because of all the issues that have been brought up, she also believes that the Village should not be spending $6,000 on a clock but rather be used to fix up the community room 10.REPORTS: Trustee Slippen wished Emily well and thanked her for her service to Croton, the tree lighting held on December 5th was amazing and thanked the Recreation Department for knocking it out of the park, thanked DPW for a great job picking up leaves, it is a great service and she is grateful that the Village does this, the Village looks beautiful and thanked everyone for making Croton shine. Trustee Nicholson thanked Emily for her service, she will be missed and wished her well, advised that the Recreation Department is working on securing spaces for our summer camp programs since the schools will not be available, the Conservation Advisory Council is looking for an Arborist, if anyone is interested to please reach out to the Village, the repair café will be held in February, thanked the Police Advisory Committee for a tremendous year of success in getting to know our Police Department, and reminded everyone that the Police Survey will be coming out in Village Board of Trustees December 18, 2024 January and to be on the look-out for it, thanked all the residents who came out over the past several months to address their concerns regarding development in Croton, the Board takes everyone’s comments seriously, but reminded everyone that we have a unique opportunity to develop a Transit-Oriented Development at 1 Croton Point Avenue. Trustee Simon stated that we were very fortunate to have Emily for the last couple of years, she will be missed and wished her well on her new endeavor, the County wrapped up their Budget last week, there are some wonderful provisions that will directly impact Croton; over 20 million dollars for the replacement of the Quaker Bridge, 15 million dollars to renovate the outdoor pool at Croton Point Park, $5,000 for the Lorraine Hansberry Coalition, $10,000 for the Croton Caring Food Basket Program, and $50,000 for the Westchester Children’s Museum to begin a pop-up program in Northern Westchester, attended the Municipals Officials meeting last Thursday where we had the opportunity to wish County Executive George Latimer well and to thank him for all he has done for Westchester as he moves into his new position as Congressman for the southern portion of Westchester County, attended a zoom meeting on December 2nd sponsored by the MTA on the new congestion pricing program, participated in a press conference on December 5th led by Senator Harckham and Assemblywoman Levenberg regarding the 800 million dollars in the State’s Transportation Budget, he and Mayor Pugh attended a “Change 2024” reception at the Ossining Public Library sponsored by the Croton Council of the Arts, attended the holiday tree and Menorah lighting, and attended the Planning Board meeting where they discussed an issue regarding the Garden Center and Design Store storing materials in violation of their Site Plan approvals. Mayor Pugh congratulated Emily Giovanni on her new position, we thank her for her service to Croton and wish her all the best. On motion by Trustee Nicholson and seconded by Trustee Slippen the Board of Trustees of the Village of Croton-on-Hudson approved the following Mayoral appointments. Motion was approved with a 5-0 vote. Halle Clarke Conservation Advisory Council Term ending December 2026 Karen Pecora Recreation Advisory Committee Term ending December 2027 Village Board of Trustees December 18, 2024 Mayor Pugh thanked members of the Board, staff and residents of Croton who have done so much to make Croton shine and wished everyone a Merry Christmas, Happy Chanukah, and a happy New Year. Village Manager Healy advised that updated information regarding the Gotwald Circle project is on the Village’s website as well as the Village’s Facebook Page. Village Manager Healy advised that the Village hired a new Code enforcement Officer who will start this coming Monday. 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 5-0 vote. Meeting adjourned at 8:48pm.