Documents

minutes 31 pages

Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY, held on Monday, July 24, 2023, in the Georgianna Grant Meeting Room at the Stanley Kellerhouse Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520. 1. CALL TO ORDER Mayor Pugh called the meeting to order at 7:00pm and led everyone in the Pledge of Allegiance. Trustee Horowitz made a motion to approve the following Fiscal Year Vouchers, claims numbered 23240767 through 23241048. The motion was seconded by Trustee Gallelli and approved with a 5-0 Vote. $156,356.80 Water Fund $12,870.52 Sewer Fund $2,771.40 Capital Fund $258,438.44 Trust Fund $746.85 Debt Fund $126,465.36 3. RESPONSES TO QUESTIONS SUBMITTED BY EMAIL - Arlene Salkow, 68 Brook Street, Croton on Hudson, asked what the Village’s response to the water flow on Brook Street was? Village Manager Healy advised that Brook Street is one of the items that is being addressed in the Village’s Mitigation Efforts. 4. PRESENTATION: Village’s Mitigation Efforts presented by Village Manager Healy. https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fp lay.champds.com%2FATT%2Fcrotononhudsonny%2F2023- 07%2F8c08fd4ee2c8bbd7bca4c062b3e11203176d14b5.pptx&wdOrigin =BROWSELINK Mayor Pugh Trustee Gallelli Village Manager Bryan Healy Trustee Horowitz Village Attorney Linda Whitehead Trustee Nicholson Village Treasurer Daniel Tucker Trustee Simon Village Board of Trustees July 24, 2023 5. LWRP Consistency Review for the New York Power Authority (NYPA) and Clean Path New York LLC (CPNY) Sediment Survey Program Village Manager Healy explained that the Clean Path New York Project Sediment Survey is not taking place in the portion of the river that is in Croton, but they have asked the Village for our opinion with respect to the Sediment Survey and our Waterfront Advisory Committee (WAC) has reviewed it and has come up with a number of policies that were relevant. WAC MEMO https://play.champds.com/ATT/crotononhudsonny/2023- 07/fff63278b7915221357d25777e06628be28f91db.pdf WAC RESPONSE BOARD’S REPONSE Policy DEVELOPMENT POLICIES Applicable Yes/No Consistent Yes/No Applicable Yes/No Consistent Yes/No Comments Restore, revitalize, and redevelop deteriorated and underutilized waterfront areas for commercial, industrial, cultural, recreational and other compatible uses No 1A Existing planning and zoning documents should be reviewed and amended where necessary to ensure development within the community is consistent with adopted goals and policies No 1B Redevelop and revitalize Village owned land at the Metro North Train Station, including Village garage and bay area. accessory uses of Metro North Train Station, while facilitating public access to bay area and recreational use. No 1C Every effort should be made by the municipality to encourage the mutual cooperation and exchange of information between governmental agencies involved in clean-up of the Croton landfill and Metro-North lagoon in order to develop commercial use of resources found in the coastal area. No 1D Require restoration of deteriorating structures related to railroad use and assure appropriate maintenance and screening to reduce visual impact. No 1E Develop the old sewage treatment plant site at the intersection of Route 9A and Municipal Place. No Village Board of Trustees July 24, 2023 Facilitate the siting of water dependent uses and facilities on or adjacent to coastal waters No 2A Expand restrictions on the use of power boats on the Hudson River and Croton River and Bay by further enforcing the parameters that regulate boat traffic such a speed, turbidity, safety, and mooring and sludge disposal. Such controls will further increase the compatibility of power boat use with other forms of recreation use within the coastal zone area. No The state coastal policy regarding the development of major ports is not applicable to Croton. No The state coastal policy regarding the strengthening of small harbors is not applicable to Croton. No Encourage the location of development in areas where public services and facilities essential to such development are adequate, except when such development has special functional requirements or other characteristics which necessitate its location in other coastal areas. No 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. No 5B The extension of water and sewer distribution lines beyond areas currently served should be undertaken cautiously and with prudent regard for Village water resources and the preservation of environmental values in undeveloped areas. No 5C Limit proposed development within those portions of the coastal zone boundary area, where traffic impacts such as site distance and carrying capacity of the roadways are restricted, particularly along Route 9A, Albany Post Road and Route 129. No Expedite permit procedures in order to facilitate the siting of development activities at suitable locations. No 6A To expedite permit procedures, the Village shall coordinate all relevant local laws into a development package for applicants and/or make all local laws available to No Village Board of Trustees July 24, 2023 applicants proposing development activities. Yes Yes Board Concurred 7A The quality of the Croton River and Bay significant fish and wildlife habitat and Haverstraw Bay significant fish and wildlife habitat shall be protected and improved for conservation, economic, aesthetic, recreational, and other public uses and values. Its resources shall be protected from the threat of pollution, misuse, and mismanagement. Yes Yes Board Concurred 7B Materials that can degrade water quality and degrade or destroy the ecological system of the Croton River and Bay significant fish and wildlife habitat and the Haverstraw Bay significant fish and wildlife habitat shall not be disposed of or allowed to drain in, or on land within, the area of influence in the significant fish and wildlife habitats. Yes Yes Board Concurred 7C Storage of materials that can degrade water quality and degrade or destroy the ecological system of the Croton River and Bay significant fish and wildlife habitat or Haverstraw Bay significant fish and wildlife habitat shall not be permitted within the area of influence of the habitat unless best available technology is used to prevent adverse impacts to the habitat. Yes Yes Board Concurred 7D Restoration of degraded ecological elements of the Croton River and Bay and Haverstraw Bay significant fish and wildlife habitats and shore lands shall be included in any programs for cleanup of any adjacent toxic and hazardous waste sites. No 7E Runoff from public and private parking lots and from storm sewer overflows shall be effectively channeled so as to prevent oil, grease, and other contaminants from polluting surface and ground water and impact the significant fish and wildlife habitats. No 7F Construction activity of any kind must not cause a measurable increase in erosion or flooding at the site of such activity, or impact other locations. activity shall be timed so that spawning of anadromous fish species and shellfish will not be adversely affected. Yes Yes Board Concurred 7G Such activities must not cause Yes Yes Board Concurred Village Board of Trustees July 24, 2023 degradation of water quality or impact identified significant fish and wildlife habitats Protect fish and wildlife resources in the coastal area from the introduction of hazardous wastes and other pollutants which bio-accumulate in the food chain, or which cause significant sub lethal or lethal effect on those resources. Yes Yes Board Concurred Expand recreational use of fish and wildlife resources in coastal areas by increasing access to existing resources, supplementing existing stocks, and developing new resources. Such efforts shall be made in a manner which ensures the protection of renewable fish and wildlife resources and considers other activities dependent on them. No 9A Ensure continued recreational use and public access to the rivers through Village- owned land adjacent to the Metro-North parking lot, at Croton Point Park and at Senasqua Park, along the Croton River, and at the Croton Yacht Club. Efforts should be made to encourage recreational use of the fish and wildlife resources found in these areas by increasing the opportunities for public access and enjoyment No 9B Encourage passive recreational enjoyment of the wildlife in the designated significant fish and wildlife habitats, on the Audubon Society Sanctuaries, on other public or private lands within the Village, where wildlife habitats are located. Encourage the recreational use of areas where such resources are found, as well as the protection of such resources. No Further develop commercial finfish, shellfish and crustacean resources in the coastal area by encouraging the construction of new or improvement of existing on shore commercial fishing facilities, increasing marketing of the state's seafood products, maintaining adequate stocks, and expanding aquaculture facilities. Such efforts shall be made in a manner which ensures the protection of renewable fish and wildlife resources and considers other activities dependent on them. No FLOODING & EROSION POLICIES Buildings and other structures will be sited in the coastal area so as to minimize damage to property and the endangering No Village Board of Trustees July 24, 2023 of human lives caused by flooding and erosion 11A Erosion and sediment control measures shall be undertaken in order to safeguard persons, protect property, prevent damage to the environment, and promote the public welfare by guiding, regulating and controlling the design, construction, use and maintenance of any development or other activity which disturbs or breaks the topsoil or results in earth movement. No 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. Primary dunes will be protected from all encroachments that could impair their natural protective capacity No 12A Every effort should be made to protect Croton Point, a natural protective barrier to Croton Bay from activities or development that would increase erosion of or flooding of the Point No The construction or reconstruction of erosion protection structures shall be undertaken only if they have a reasonable probability of controlling erosion for at least thirty years as demonstrated in design and construction standards and/or assured maintenance or replacement programs. No 13A Any bulkheads along the Hudson must be maintained in good condition and private landowners should be required to restore and maintain erosion control mechanisms along their river frontage which are designed for long term stability. No Activities and development, including the construction or reconstruction of erosion protection structures, shall be undertaken so that there will be no measurable increase in erosion or flooding at the site of such activities or development, or at other locations. No Mining, excavation or dredging in coastal waters shall not significantly interfere with the natural coastal processes which supply beach materials to land adjacent to such waters and shall be undertaken in a manner which will not cause an increase in erosion of such land. No Public funds shall only be used for erosion No Village Board of Trustees July 24, 2023 protective structures where necessary to protect human life, and new development which requires a location within or adjacent to an erosion hazard area to be able to function, or existing development; and only where the public benefits outweigh the long term monetary and other costs including the potential for increasing erosion and adverse effects on natural protective features 16A Public funds shall be appropriated for the yearly maintenance of Senasqua Park until such time that is determined that expenditure of funds outweighs the cost of acquiring, constructing and maintaining a similar public park on Croton's waterfront. No Whenever possible, use non-structural measures to minimize damage to natural resources and property from flooding and erosion. Such measures shall include: (i) the setback of buildings and structures; (ii) the planting of vegetation and the installation of sand fencing and draining; (iii) the reshaping of bluffs; and (iv) the flood-proofing of buildings or their elevation above the base flood level. No 17A Efforts to control erosion along the rivers and on the steep slopes rising from areas inland shall be of a non-structural nature, wherever possible, in consideration of the visual impact of structural measures. The retention or planting of vegetative covers will be preferred to structural measures. No 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. Yes Yes Board Concurred PUBLIC ACCESS POLICIES Protect, maintain, and increase the level and types of access to public water- related recreation resources and facilities so that these resources and facilities may be fully utilized in accordance with reasonably anticipated public recreation needs and the protection of historic and natural resources. In providing such access, priority will be given to public beaches, boating facilities, fishing areas and waterfront parks. No 19A Encourage the linkage of open space along the Hudson and Croton Rivers in the form of a trail or walkway system. Such No Village Board of Trustees July 24, 2023 systems should be provided along undeveloped and underutilized land as well as along previously developed land. 19B Increase physical access to areas that have specific value for their physical and visual access to the Hudson River or Croton River and Bay. No 19C Encourage the expansion of public transportation, when feasible, to areas within the coastal zone area where water dependent and water enhanced recreation activities are located. No 19D Increase access to Croton River and Bay at the Village-owned land south of the Village parking lots at the Croton-Harmon Station. No 19E Maintain the trail, which provides access to the Croton River waterfront, in its current undeveloped condition as a pedestrian walkway. No Access to the publicly owned foreshore and to lands immediately adjacent to the foreshore or the water's edge that are publicly owned shall be provided and it should be provided in a manner compatible with adjoining uses. Such lands shall be retained in public ownership. No Water dependent and water enhanced recreation will be encouraged and facilitated and will be given priority over non-water related uses along the coast, provided it is consistent with the preservation and enhancement of other coastal resources and takes into account demand for such facilities. In facilitating such activities, priority shall be given to areas where access to the recreation opportunities of the coast can be provided by new or existing public transportation services and to those areas where the use of the shore is severely restricted by existing development. No 21A Boating activities should be encouraged provided that they do not restrict other recreational opportunities and are undertaken in a manner compatible with existing water- dependent uses. No Development when located adjacent to the shore will provide for water-related recreation, as a multiple use, whenever such recreational use is appropriate in light reasonably anticipated demand for such activities and the primary purpose of the development No Village Board of Trustees July 24, 2023 Protect, enhance and restore structures, districts, in areas of sites that are of significance in the history, architecture, archaeology or culture of the state, its communities or the nation. No Prevent impairment of scenic resources of statewide significance as identified on the coastal area map. Impairment shall include: (i) the irreversible modification of geologic forms, the destruction or removal of vegetation, the destruction, or removal of structures, whenever the geologic forms, vegetation or structures are significant to the scenic quality of an identified resource; and (ii) the addition of structures which because of siting or scale will reduce identified views or which because of scale, form, or materials will diminish the scenic quality of an identified resource. No Protect, restore or enhance natural and man-made resources which are not identified as being of statewide significance, but which contribute to the overall scenic quality of the coastal area. No 25A Protect local scenic resources by preventing: (i) the irreversible modification of geologic forms, the destruction or removal of vegetation or wetlands, the destruction, or removal of structures, whenever the geologic forms, vegetation or structures are significant to the scenic quality of an identified resources; and (ii) the addition of structures which because of siting scale will reduce identified views or which because of scale, form, or materials will diminish the scenic quality of an identified resource. No 25B Secure the designation of the panoramic views from Croton Point as a scenic area of statewide significance. No 25C Secure the designation of Routes 9 and 129 within the Croton boundaries as a scenic road. Ensure developments on or adjacent to Route 9 do not impair scenic resources or views of or from the Hudson and Croton Rivers No 25D Establish and protect identified view-sheds which provide visual access to the Hudson River, including but not limited to the views of the Hudson River from the western shoreline of the Village, and from Prickly No Village Board of Trustees July 24, 2023 Pear Hill, Lounsbury Hill, and River Landing. In addition, protect view-sheds to and of the Croton River and Gorge. The state coastal policy regarding the protection of agricultural lands is not applicable to Croton No ENERGY AND ICE MANAGEMENT POLICIES Decisions on the siting and construction of major energy facilities in the coastal area will be based on public energy needs, compatibility of such facilities with the environment, and the facility's need for a shorefront location. No Ice management practices shall not damage significant fish and wildlife and their habitats, increase shoreline erosion or flooding, or interfere with the production of hydroelectric power. No 28A Ice management practices must consider short and long-term impacts on the Croton River and Bay and Haverstraw Bay significant fish and wildlife habitats. No The state coastal policy regarding the development of energy resources is not applicable to Croton. No WATER AND AIR RESOURCES POLICIES Municipal, industrial, and commercial discharge of pollutants, including but not limited to, toxic and hazardous substances, into coastal waters will conform to state and national water quality standards. No 30A Existing rail services and transportation- related facilities shall not dispose any materials in coastal waters until such materials have been tested by the state for conformance with water quality standards. No 30B Storage and disposal of all materials shall be monitored by the state to assure there will be no discharge or leaching of materials into coastal waters. Yes Yes Board Concurred State coastal area policies and purposes of approved local waterfront revitalization programs will be considered while reviewing coastal water classifications and while modifying water quality standards; however, those waters already over- burdened with contaminants will be recognized as being a development constraint. No 31A Clean water is desired and NYSDEC should continually monitor water quality in the Hudson River and Croton Bay which No Village Board of Trustees July 24, 2023 have already been overburdened with pollutants. Recommendations for mitigation and upgrading water quality classifications cannot be determined without continual monitoring and testing of the waters. communities where the costs of conventional facilities are unreasonably high, given the size of the existing tax base of these communities. No Best Management Practices will be used to ensure the control of storm water runoff and combined sewer overflows draining into coastal waters. No 33A Encourage new developments to retain storm water runoff on site so as to not increase flows within the existing system or to improve existing storm water runoff systems to that runoff from such developments does not adversely impact coastal waters No 33B Improve existing Village storm water discharge to control flow of pollutants from street and parking areas, etc. directly in the rivers. No Discharge of waste into coastal waters from vessels will be limited so as to protect significant fish and wildlife habitats, recreational areas and water supply areas. No 34A There shall be no discharge from moored structures or marine vessels, due to shape of cove and lack of tidal flushing. No Dredging and dredge spoil disposal in coastal waters will be undertaken in a manner that meets existing state dredging permit requirements, and protects significant fish and wildlife habitats, scenic resources, natural protective features, important agricultural lands, and wetlands. No Activities related to the shipment and storage of petroleum and other hazardous materials will be conducted in a manner that will prevent or at lease minimize spills into coastal waters; all practicable efforts will be undertaken to expedite the cleanup of such discharges; and restitution for damages will be required when these spills occur. No Best Management Practices will be utilized to minimize the non-point discharge of excess nutrients, organics and eroded soils into coastal waters. No 37A Standards and specifications for the No Village Board of Trustees July 24, 2023 control of non-point source discharge as set forth in Westchester County's Best Management Practice Manual or other recognized reference shall be utilized during development of any site. 37B Control of the development of hilltops, and steep slopes should be exerted in order to prevent erosion and minimize runoff and flooding from new construction. No The quality and quantity of surface water and ground water supplies will be conserved and protected, particularly where such waters constitute the primary or sole source of water supply. No The transport, storage, treatment and disposal of solid wastes, particularly hazardous wastes, within coastal areas will be conducted in such a manner so as to protect groundwater and surface water supplies, significant fish and wildlife habitats, recreation areas, important agricultural lands and scenic resources. No 39A Require transporters, producers and storers of hazardous material to inform the public or allow public access to records involving the transport, storage, treatment and disposal of hazardous materials. This is of particular concern with respect to rail transport of such materials, storage of identified materials on railroad property and uses in the waterfront area involved in the treatment, storage and disposal of such materials. No 39B In accordance with Title III, Section 302, Emergency Planning and Community Right-to- Know of the 1986 Superfund Reauthorization Act, the local emergency planning committee and the Croton Fire Department shall be notified if hazardous substances exceed the established threshold planning quantity No Effluent discharged from major steam electric generating and industrial facilities into coastal waters will not be unduly injurious to fish and wildlife and shall conform to state water quality standards. No Land use or development in the coastal area will not cause national or state air quality standards to be violated No 41A A NYSDEC point-source air monitoring station should be established within the Village of Croton-on-Hudson. No Coastal management policies will be considered if the state reclassifies land areas pursuant to the prevention of No Village Board of Trustees July 24, 2023 significant deterioration regulations of the Federal Clean Air Act. significant amounts of the acid rain precursors: nitrates and sulfates. No 43A Encourage the use of shuttle bus service to the train station, thereby decreasing dependency on the automobile use and reduce the generation of acid rain precursors No 43B Encourage the use of low sulphur fossil fuels for rail vehicles and encourage the development of a monitoring program to assess rail vehicle engines emissions No Preserve and protect tidal and freshwater wetlands and preserve the benefits derived from these areas. No 44A Wetlands, water bodies and watercourses shall be protected by preventing damage from erosion or siltation, minimizing disturbance, preserving natural habitats and protecting against flood and pollution. No Trustee Simon stated that he believes that all of these recommendations are very solid from the perspective of what the WAC was looking at, recognizing that this is really about a Sediment Survey as opposed to the Clear Path New York Project itself. Trustee Simon stated that there may be some interest on the part of the WAC in knowing in a general sense what the County is going to be doing and how they are going to portray their position with respect to Croton Point Park as well as comments from other area jurisdictions. 6. CORRESPONDENCE a. Memo from Village Manager Bryan Healy dated July 20, 2023, regarding Con Edison’s Restoration Work. https://play.champds.com/ATT/crotononhudsonny/2023- 07/2fc15e5efd467c2d0a996229d773b8609117b9ef.pdf b. Letter from the Town of Cortlandt dated July 21, 2023, regarding an upcoming Public Hearing on amending the Town Code to correct certain Zoning inconsistencies. July 24, 2023 https://play.champds.com/ATT/crotononhudsonny/2023, 07/11a838475eb8f29060e7d20a07dd6594819f2e5a.pdf c. Email from Donna O’Malley, member of Northern Westchester’s “Mothers Out Front,” dated July 11, 2023, regarding the “Save the Hudson” Bill and requesting that the Village send a letter to the Governor asking her to sign the Bill that was passed by the Assembly and Senate. https://play.champds.com/ATT/crotononhudsonny/2023- 07/f3f9395cfd69a39e5129bec040c8ae601b57a7c4.pdf Village Manager Healy explained that the Board had previously adopted a resolution, but if the Board would like something sent again, he would need authorization to do so. Resolution On motion by Trustee Horowitz and seconded by Trustee Simon the Board of Trustees authorized the Village Manager to forward a letter to the Governor supporting the “Save the Hudson” Bill. Motion was approved with a 4-1 vote (Trustee Nicholson voting Nay). Trustee Nicholson stated that there are no easy ways to dispose of this water and no solution that she has seen other than dumping it into the river, which is at less of a rate than when the plant was running. Trustee Nicholson stated that the only other solution would be to store it and that has a host of other threats. Trustee Nicholson stated that even if the Governor signs this, she does not believe she has the jurisdiction to stop it and for those reasons she voted against it. Trustee Nicholson encouraged everyone to go to the New York State Website and look at the frequently asked questions on this subject. Trustee Horowitz stated that all of the agencies that are concerned with keeping the Hudson River clean are absolutely behind the movement not to dump radioactive water into the river. Trustee Horowitz stated that there has not been enough opportunity to look at alternatives and the plan is to take some time to look into other Village Board of Trustees July 24, 2023 alternatives. Trustee Horowitz stated that the Hudson River has had its share of things being dumped into it, it was the first Superfund Site in the Country, we have seen fish come back, and it is in fairly good shape, and we do not want to do the wrong thing at this time. Mayor Pugh stated that Trustee Nicholson is correct that there are no great options, but he is hopeful that this Legislation will encourage a more fruitful dialogue and that this dialogue might produce a better solution. Trustee Simon stated that Assemblywoman Levenberg and Senator Harckham have taken the lead on this, understanding that there is no simple solution, but he believes that if the Governor signs the Bill, it will help us get closer to a solution and the next logical steps. Trustee Gallelli stated that she supports this not because this is the perfect solution but that perhaps with additional time, we can actually find a better solution. d. Letter from Race Director Mike Grayeb dated July 16, 2023, regarding the 2023 Harry Chapin Memorial Run Against Hunger. Resolution On motion by Trustee Horowitz, seconded by Trustee Simon the Board of Trustees of the Village of Croton on Hudson approved the request from the Harry Chapin Memorial Run Against Hunger for the Village’s support as detailed in their letter dated July 16, 2023. Motion was approved with a 5-0 vote. e. Assistant to the Village Manager Emily Mancini presented a compilation of energy data from our municipal buildings for 2022 in accordance with the Village’s Benchmarking Policy that was adopted in 2018. Back-Up documents. https://play.champds.com/ATT/crotononhudsonny/2023- 07/00254867fbef49dc5a3f4d5fa57c4810dd312f87.pdf Village Board of Trustees July 24, 2023 https://play.champds.com/ATT/crotononhudsonny/2023- 07/51063ab70093b30aafeba3e8e1205561892eff24.pdf To view the entire presentation, you may log onto the following: https://play.champds.com/crotononhudsonny/event/877 Trustee Simon asked, now that we have solar on the DPW roof, does the Village have the option of getting out of using heating oil. Village Manager Healy stated that he does not believe this is an immediate possibility, but it is something that we can look at in the future. Trustee Horowitz asked if we get any benefit from the energy that is generated from the solar panels at DPW or is all the energy going to community solar. Village Manager Healy stated that we do not get a benefit from the energy generated by the panels, but the Village does receive a leasing fee wherein we put fifty percent of that money into an annual green account where the money has to be used on other types of energy efficient purchases. Mayor Pugh stated that it is more advantages for the Village to assign it to residential customers because residential customers pay a higher rate than the Village and it would not produce the same economic benefit for the Village. Trustee Horowitz asked if that money is growing. Village Manager Healy stated that we have used some of the money to purchase electric leaf blowers for DPW and a good portion was used for the purchase of a new electric vehicle for the Police Department. Trustee Nicholson asked if the Washington Engine Company building was the last building to have solar installed and are we considering any other buildings. Village Manager Healy explained that the Grand Street Fire House has solar panels on a portion of their roof, the municipal building Village Board of Trustees July 24, 2023 cannot have solar panels because of the antennas, the Harmon Fire House does not but that is something we can look at once the renovation project is completed. 7. PUBLIC COMMENTS ON AGENDA ITEMS Ed Riely, 110 Truesdale Drive, Croton on Hudson, suggested that the Board try to find out what happened to one of the largest cables that was laid from the Bayonne Gas Plant to supply the Indian Point Power Plant, and also suggested that the Board look into what renewable power such as solar panels do to our land that in his opinion creates unreliable power. Cristina Alvarez Arnold, Old Post Road North, Croton on Hudson, thanked the Board for their March 6th resolution joining other municipalities and thousands of citizens in opposition to Holtec’s plan to dump toxic radioactive water into our Hudson River, a “Save the Hudson” Bill, authorized by Assemblywoman Levenberg and Senator Harckham, prohibiting the dumping into the River passed both State houses last month but has been on Governor Hochul’s desk for her signature since June 20th, Northern Westchester’s Mothers Out Front is one of many organizations committed to seeing this issue all the way through and we would like the Village to call for a one year moratorium on Holtec’s plan while alternatives are investigated. 8. RESOLUTIONS: Resolution 167 of 2023 On motion of TRUSTEE SIMON, seconded by TRUSTEE GALLELLI, 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 New York Power Authority (NYPA) and Clean Path New York LLC (CPNY) are proposing to conduct a supplemental sediment survey program to continue to assess current geotechnical conditions and progress the design of the Project along the submerged portion of the proposed CPNY Project route within the Hudson and Harlem Rivers, and Village Board of Trustees July 24, 2023 WHEREAS the Village of Croton-on-Hudson received correspondence from the New York State Department Office of Planning, Development and Community Infrastructure, requesting preliminary review of the consistency of the proposed action with the Village’s Local Waterfront Revitalization Program (LWRP), and WHEREAS on July 10, 2023, the correspondence was referred to the Village Waterfront Advisory Committee for a recommendation of consistency with the Village’s Local Waterfront Revitalization Program (LWRP), and WHEREAS the Village Board has received a recommendation of consistency from the Waterfront Advisory Committee with the Village’s Local Waterfront Revitalization Program, and WHEREAS the Village Board must make its own determination of consistency with the LWRP policy standards and conditions, and WHEREAS on July 24, 2023, the Village Board reviewed the LWRP policy standards and conditions, NOW THEREFORE, BE IT RESOLVED as follows: The Village Board of Trustees 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 7: Significant coastal fish and wildlife habitats will be protected, preserved, and, where practical, restored so as to maintain their viability as habitats. POLICY 7A: The quality of the Croton River and Bay significant fish and wildlife habitat and Haverstraw Bay significant fish and wildlife habitat shall be protected and improved for conversation, economic, aesthetic, recreational, and other public uses and values. Its resources shall be protected from the threat of pollution, misuse, and mismanagement. POLICY 7B: Materials that can degrade water quality and degrade or destroy the ecological system of the Croton River and Bay significant fish and wildlife habitat and the Haverstraw Bay significant fish and wildlife habitat shall not be disposed Village Board of Trustees July 24, 2023 of or allowed to drain in, or on land within, the area of influence in the significant fish and wildlife habitats. 7C: Storage of materials that can degrade water quality and degrade or destroy the ecological system of the Croton River and Bay significant fish and wildlife habitat or Haverstraw Bay significant fish and wildlife habitat shall not be permitted within the area of influence of the habitat unless best available technology is used to prevent adverse impacts to the habitat. POLICY 7F: Construction activity of any kind must not cause a measurable increase in erosion or flooding at the site of such activity, or impact other locations. Construction activity shall be timed so that spawning of anadromous fish species and shellfish will not be adversely affected. POLICY 7G: Such activities must not cause degradation of water quality or impact identified significant fish and wildlife habitats. POLICY 8: Protect fish and wildlife resources in the coastal area from the introduction of hazardous wastes and other pollutants which bio-accumulate in the food chain, or which cause significant sub lethal or lethal effect on those resources. 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. POLICY 30B: Storage and disposal of all materials shall be monitored by the state to assure there will be no discharge or leaching of materials into coastal waters. 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 that based upon the above, the Village Board of Trustees confirms its determination that the Proposed Action, the New York Power Authority (NYPA) and Clean Path New York LLC (CPNY) Sediment Survey Village Board of Trustees July 24, 2023 Program, complies with the policy standards and conditions set forth in the Village’s LWRP. Trustee Gallelli stated that this pertains to the Sediment Survey and not to the entire Clean Path New York Program and the Board found the Sediment Survey to be consistent with the objectives and policies of our Local Waterfront Revitalization Program. Trustee Horowitz stated that it is interesting that this conversation comes on the heels of our Holtec conversation, if you look at all the policies that were addressed during our LWRP review, they are all relevant policies coming under the heading of the protection of fish and wildlife habitat, erosion, flooding and the introduction of toxic elements into the coastal area. Trustee Horowitz also stated that she was under the impression that the Board had already written a letter asking for a Moratorium to stop Holtec from dumping toxic water into the river. Village Manager Healy stated that the resolution that the Board passed was for him to draft a letter in conformance with the request made by “Mothers Out Front.” Trustee Simon stated that the sample letter we received is probably a good base and we can enhance it with any language from our resolution or our legislative program. Resolution 168 of 2023 On motion of TRUSTEE HOROWITZ, seconded by TRUSTEE SIMON, the following resolution was adopted by the Board of Trustees of the Village of Croton-on- Hudson, New York, with a 5-0 vote. WHEREAS on April 8, 2022, the Village Board approved a termination agreement with the owner of 72 Thompson Avenue to remove a Condition to allow the property to be combined with a portion of the adjacent property, 74 Thompson Avenue, in order to create an additional building lot, and WHEREAS the agreement included a condition for the Village and the owner to record an easement agreement to specifically locate each of the sanitary sewer, Village Board of Trustees July 24, 2023 storm drain and water main easements at the owner’s sole cost and expense, and WHEREAS, 74 Thompson Ave., LLC desires to construct a house on the property located at 74 Thompson Avenue and has requested to relocate the existing sanitary sewer and to modify the Existing Easement to reflect the new location and allow for the construction of the house, NOW THEREFORE BE IT RESOLVED that the Village Board hereby authorizes the Village Manager to execute a modification of the existing easement for the sanitary sewer, storm drain, and water main running through the property at 74 Thompson Avenue and access to same for repairs and maintenance in a form as approved by the Village Attorney, and BE IT FURTHER RESOLVED that such easement agreement shall be filed with the Westchester County Department of Land Records. Resolution 169 of 2023 On motion of TRUSTEE SIMON, seconded by TRUSTEE GALLELLI, 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 and operates a municipal water supply, treatment, and distribution system serving residents and businesses within the Village, within Westchester County, New York, and WHEREAS the Village has determined that certain existing water mains and related valves and hydrants are in deteriorated condition and in need of relining and/or replacement to continue to provide safe potable water to all residents and business and industrial users, and WHEREAS the Village has determined that this 2023-2024 distribution replacement project does not require or involve the formation of any new water districts and does not involve the extension of water service to any properties outside or inside the Village that are not already connected to the existing municipal distribution system, and Village Board of Trustees July 24, 2023 WHEREAS the Village has authorized the Department of Public Works to complete an Engineering Report with respect to the existing condition of the distribution system and recommended repairs, replacement activities, and other water system and infrastructure upgrades, and alternatives, and that Report has been submitted to the Village Manager for review and comments, and WHEREAS the Village is seeking grant assistance through the Water Infrastructure Improvement Act (WIIA) administered by the NYS Environmental Facilities Corporation (EFC) for final design and construction of the Harrison Street Water Improvements Project as described above and, in the Village’s, pending WIIA Application, and WHEREAS the Village of Croton-on-Hudson intends to complete the project with local funding and finance the non-WIIA portion of the proposed project budget through serial bond proceeds as adopted by the Board of Trustees under Resolution #140-2023 dated June 12, 2023, and/or any available water fund reserves available for local capital projects, NOW THEREFORE BE IT RESOLVES that the Board of Trustees authorizes the Village Manager to certify the 2023 WIIA Application documents and submit the WIIA Application on behalf of the Village of Croton-on-Hudson to the EFC on or before August 11, 2023. Trustee Simon stated that these are Federal dollars that have come from the Infrastructure Law which are then allowed to the State Governments for their administration. Resolution 170 of 2023 On motion of TRUSTEE SIMON, seconded by TRUSTEE HOROWITZ, 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 NYS Environmental Facilities Corporation (EFC), through the Water Infrastructure Improvement Act (WIIA) Program, provides grant funding to support drinking water infrastructure projects that are maintained by eligible municipalities and improve water quality and delivery to residents and businesses, and Village Board of Trustees July 24, 2023 WHEREAS the Village of Croton-on-Hudson is seeking such funding through the 2023 funding cycle from the Water Infrastructure Improvement Act (WIIA) Program administered by the EFC and the NYS Department of Health, and WHEREAS the Village of Croton-on-Hudson intends to re-line an existing water main on Harrison Street, connect that main to an existing 12-inch water main to create a loop, and extend a new main on Sunset Trail to connect existing water users to their own main closer to their residences, as well as replace dysfunctional valves and hydrants (“the Proposed Action”), and WHEREAS the Village of Croton-on-Hudson is required by New York State regulations to undertake an environmental review of publicly funded infrastructure projects including water distribution improvements under the State Environmental Quality Review Act (SEQRA), prior to the execution of any State Assistance Contract should such funds be awarded to the Village by the EFC or other agencies, NOW THEREFORE BE IT RESOLVED that the Village Board hereby determines that the Proposed Action is a Type II Action under SEQRA, not requiring any further action, and BE IT FURTHER RESOLVED that the Village Board of Trustees has classified the proposed project as described in its funding application to be submitted to the NYS Environmental Facilities Corporation (EFC) on or before August 11, 2023 to consist of Type II Actions under SEQRA in accordance with 6 NYCRR Part 617.5(c)(1) and (2) regarding maintenance, repair, and replacement in kind of existing water infrastructure, at the same locations and without increasing distribution capacity or exceeding any Type I thresholds considered under 6 NYCRR Part 617.4. Resolution 171 of 2023 On motion of TRUSTEE GALLELLI, seconded by TRUSTEE SIMON, the following resolution was adopted by the Board of Trustees of the Village of Croton-on- Hudson, New York, with a 5-0 vote. WHEREAS the Village Board of Trustees has received a special permit application from Ameriland Brook LLC, to add a three-story mixed-use building Village Board of Trustees July 24, 2023 next to the existing one-story commercial building located at 352 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 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. Trustee Simon stated that this is a by-product of some of the Zoning work that the Board did earlier in the year in the Harmon area and believes it will fit in very nicely and looks forward to the next steps. Trustee Nicholson asked if there has been any conversation with the owner of 352 South Riverside Avenue to see if they would be interested in purchasing the EMS lot to expand their project. Village Manager Healy stated that he does not believe the Village is in the position to sell that lot right now, the Village is going to need that lot for some emergency service functions, but since their property is adjacent to the EMS property, he will certainly let them know that there will be some work on that property. Trustee Horowitz asked for an explanation of #12B in the EAF where we indicated yes (“the project site or any portion of it is located in or adjacent to an area designated as sensitive for archeological sites on the New York State Historic Preservation Office Archeological Site Inventory”) and #20 where we Village Board of Trustees July 24, 2023 also answered yes (“has the site of their proposed action or an adjourning property been the subject of remediation ongoing or completed for hazardous waste”). Village Attorney Whitehead said that with respect to 12B, very often the “mapper” will say something which needs to be investigated further, even if it is a significant distance away and number 20 could have been an old oil tank leak. Village Manager Healy stated that he will look into this further. Resolution 172 of 2023 On motion of TRUSTEE SIMON, seconded by TRUSTEE GALLELLI, 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 Business Council is desirous of holding an "Oktoberfest" festival on Grand Street between Old Post Road S. and Mt. Airy Road on October 7, 2023, and WHEREAS the Village of Croton-on-Hudson has provided the Croton Business Council with a Memorandum of Understanding (MOU) that delineates the respective rights and obligations of the parties and defines their relationship for the “Oktoberfest” event, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby authorizes the Village Manager to execute the Memorandum of Understanding with the Croton Business Council related to the “Oktoberfest” event. Resolution 173-2023 On motion of TRUSTEE SIMON, seconded by TRUSTEE HOROWITZ, 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 No. 3 of 2003 was approved at a regular Village Board Meeting held on October 7, 2003, and WHEREAS this Local Law called for the setting of Village fees through Board Resolutions, and Village Board of Trustees July 24, 2023 WHEREAS pursuant to §86-21.1 of the Village Code, operating permits are required for conducting certain processes or activities within buildings, structures, or facilities, and NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby amends the 2023-2024 Master Fee Schedule as follows: Operating Permit §86-21.1 Facilities where the operation produces combustible dust $500.00 §86-21.1 Operations utilizing flammable or combustible liquids, or the application of combustible powders regulated by Chapter 24 of the FCNYS $500.00 §86-21.1 Operating a fruit or crop-ripening facility or conducting a fruit-ripening process using ethylene gas $500.00 §86-21.1 Conducting fumigation or insecticidal fogging operations in buildings, structures, and spaces, except for fumigation or insecticidal fogging performed by the occupant of a detached one- family dwelling $500.00 §86-21.1 Operating an air-supported temporary membrane structure, a temporary special event structure, or a tent where approval is required pursuant to Chapter 31 of the FCNYS $500.00 §86-21.1 High-piled combustible storage facilities with more than 500 square feet (including aisles) of high-piled storage $500.00 §86-21.1 Operating a facility that stores in excess of 2,500 cubic feet of scrap tires or tire byproducts or operating a tire rebuilding plant $500.00 §86-21.1 Performing public exhibitions and demonstrations where hot work is conducted, use of hot work, welding, or cutting equipment, inside or on a structure, except an operating permit is not required where work is conducted under the authorization of a building permit or where performed by the occupant of a detached one- or two-family dwelling $500.00 §86-21.1 Conducting an alternative activity at a sugarhouse $500.00 Village Board of Trustees July 24, 2023 §86-21.1 Possessing, manufacturing, storing, handling, selling, or using, explosives, fireworks, or other pyrotechnic special effects materials except the outdoor use of sparkling devices as defined by Penal Law § 270 $500.00 §86-21.1 Conducting open burning, not including recreational fires and portable outdoor fireplaces $500.00 §86-21.1 Removing paint with a torch, or using open flames, fire, and burning in connection with assembly areas or educational occupancies $500.00 §86-21.1 Operating a mobile food preparation vehicle $100.00 §86-21.1 Energy storage systems, where the system exceeds the values shown in Table 1206.1 of the FCNYS or exceeds the permitted aggregate ratings in Section R327.5 of the RCNYS $500.00 §86-21.1 Buildings containing one or more assembly areas $250.00 §86-21.1 Outdoor events where the planned attendance exceeds 1,000 persons $500.00 §86-21.1 Facilities that store, handle or use hazardous production materials $500.00 §86-21.1 Parking garages as defined in § 86-21.3 $500.00 §86-21.1 Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Board of Trustees of the Village of Croton-on- Hudson; $500.00 §86-21.1 Other processes or activities or for operating any type of building, structure or facility as determined by resolution adopted by the Board of Trustees of the Village of Croton-on-Hudson. $500.00 Resolution 174 of 2023 On motion of TRUSTEE SIMON, seconded by TRUSTEE HOROWITZ, 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 Board of Trustees has resolved to authorize the Village Manager to declare Village property as surplus once it has reached the end of its useful life, and Village Board of Trustees July 24, 2023 WHEREAS the Village recently auctioned off eight vehicles and pieces of equipment which were determined to be surplus, and WHEREAS the total proceeds from this auction were $32,175, and WHEREAS Superintendent of Public Works Frank Balbi has requested that these funds be transferred into the DPW equipment capital account to fund the Village’s fleet maintenance program, NOW THEREFORE BE IT RESOLVED that the Village Treasurer is authorized to amend the 2023-2024 General Fund Budget and 2023-2024 Capital Fund Budget in the amount of $32,175 as follows: GENERAL REVENUE Increase A1000.2665 – Sales of Equipment $32,175 GENERAL EXPENSES Increase A9901.9030 – Transfer to Capital Fund $32,175 CAPITAL REVENUE Increase H1000.5031.24467 – Transfer from General Fund $32,175 CAPITAL EXPENSES Increase H5110.2010.24467 – DPW Equipment $32,175 9. PUBLIC COMMENTS ON NON-AGENDA ITEMS Ed Riely, 110 Truesdale Drive, thanked the Police Chief for sending a Police Officer to the Black Cow during the recent protests concerning a Drag Queen display, thanked the Department of Public Works for the prompt clean up of our storm drains, indicated that millions of gallons of water released from the Croton Dam also contains some dangerous minerals, concerned about the urbanization of parking lot A and encouraged the Board not to allow buildings to exceed three stories. 10. APPROVAL OF MINUTES: July 24, 2023 Motion to approve the minutes as amended of the Regular held on July 10, 2023, was made by Trustee Horowitz. The motion was seconded by Trustee Simon and approved with a 5-0 vote. 11. REPORTS: Trustee Nicholson thanked DPW staff for getting Silver Lake and Mayo’s Landing up and running, this Wednesday evening Friends of Croton Parks along with the Westchester Parks Foundation will be holding a virtual meeting at 7:00pm and thanked all of our first responders for their assistance in handling a recent situation involving her mom. Trustee Simon stated that the Sustainability Committee met yesterday and updated us on the train station solar project, as well as some funding sources they will be looking at in the future, last Thursday he and Mayor Pugh greeted new participants of our Food Scrap Recycling Program and thanked Keiko Niccolini for all her efforts, as announced at our last meeting, NYSERDA has designated Croton number one in the State for Clean Energy and thanked Lindsay Audin, our Sustainability Committee and everyone in the community for all their hard work towards this designation, met with the Manager and Trustee Horowitz to discuss the Downtown Improvement Grant which we did not receive, but we are pleased to see how high Croton was ranked and we have been encouraged to reapply next year, the Rotary Car Show will be held on October 1, from 11am-3:00pm. Trustee Gallelli advised that prior to the meeting, she and members of the Board attended a birthday celebration for John Giglio at the Washington Engine Company in recognition of his 96th birthday, the 125th Anniversary Committee will be holding a concert on August 4th, at Senasqua Park as part of their ongoing celebrations and reminded everyone that Westchester County Bee-Line buses are free through Labor Day weekend. Trustee Horowitz stated that even though Croton was not chosen this year for the Downtown Improvement Grant, we have a very vibrant community that will be able to produce some creative ideas for the next round of funding. Trustee Horowitz stated that one of the things Village Board of Trustees July 24, 2023 she took away from the meeting is that it is less about infrastructure but more about the economics of business and how to promote businesses. Trustee Horowitz reminded everyone that Croton has a summer ban on gas powered leaf blowers, the Conservation Advisory Committee continues to work on putting together a Repair Café, anyone interested in participating should reach out to the Committee at ccac@crotononHudson-ny.gov, the Conservation Advisory Committee also has a resource page dedicated to sustainable planting and gardening on the Village’s Website, the Great Loop Paddle continues, and they are almost at the Akwesasne Mohawk Reservation. Mayor Pugh made the following appointments to the Telecommunication Advisory Committee and appointed Trustee Gallelli and Trustee Simon as Board Liaisons. Ashok Malhotra Bill McCabe Chris Roose Evan Perdomo-Cohen Jonathan Salomons Kathleen Reddy-Guidry Maria Corrales Hernandez Richard Masur Rolf Aaron LaMar Village Manager Healy directed everyone to the Village’s Website for all updates on Village activities. There being no further business to come before the Board a motion to close the meeting was made by Trustee Simon. The motion was seconded by Trustee Horowitz and approved with a 5-0 vote. The meeting was adjourned at 8:21pm Respectfully submitted, Judy Weintraub, Board Secretary Village Board of Trustees July 24, 2023 _______________________ Paula DiSanto, Village Clerk --- Editorial note (croton.news): name spelling(s) in this copy were corrected against official records: ‘Cristina Alvarez Arnold’ corrected to ‘Cristina Alvarez Arnold’. The original document, as issued, is available from the Village; see croton.news/editorial-policy for our corrections policy.