Documents

minutes 50 pages

DRAFT Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, February 28, 2022, 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. Everyone joined in the Pledge of Allegiance. 2. Mayor Pugh Recognized the following Top Responders of the Croton on Hudson Volunteer Fire Department: Captain Joe Kempter, Captain Dave Kempter, Lieutenant Jim Ferguson, Engineer Bill Gallagher, Firefighter Ben Farber, Firefighter Jake Dominello, Firefighter Frank Pusatere, Captain Dave Altamura, Firefighter Hal Lockwood, Deputy Chief Tex Dinkler, Firefighter Matt Mallory, Deputy Chief Bill Vlad. 3. APPROVAL OF VOUCHERS Trustee Horowitz made a motion to approve the following Fiscal Year Vouchers. The motion was seconded by Trustee Simon and approved with a 5-0 Vote. $181,559.74 Water Fund $17,303.45 Sewer Fund $22,822.45 Capital Fund $16,599.11 Trust Fund $18,654.42 4. PUBLIC HEARINGS: a. Motion to open a Public Hearing on Local Law Introductory No. 3 of 2022 to amend the Code of the Village of Croton on Hudson to reflect the abolishment of the position of Village Justice effective January 1, 2023, and the consolidation of The Village Justice Court with the Town of Cortlandt was made by Trustee Gallelli. Motion was seconded by Trustee Simon and approved with a 5-0 vote. Trustee Gallelli Village Manager Bryan Healy Trustee Horowitz Village Treasurer Tucker – VIA ZOOM Trustee Rosales Village Attorney Whitehead Trustee Simon Village Trustees Board Meeting February 28, 2022 Village Manager Healy explained that the consolidation of the Village Justice Court can only be made at the conclusion of our Village Justice’s term which ends this year and since the Village Justice term is four years, we are only able to consider this once every four years. Village Manager Healy stated that comments have been made that the Board should not factor the parking lot revenue into this because some feel that it will come back. Village Manager Healy explained that since the pandemic began, the parking lot remains about fifty percent of what it was pre-pandemic and based on what we have seen, we believe that a number of commuters have permanently switched to working from home or a hybrid schedule and as a result they are not renewing their permits. Village Manager Healy stated that the Court does not cover its costs and over the past six fiscal years (FY16 through FY21), the court has run an average deficit of $97,750, if we consolidate, the Village will continue to maintain a portion of revenue from Village cases adjudicated in the Town Court, and under State Law the Village is entitled to fines issued under Village Ordinances which include parking tickets, violations of the Zoning Code and dog violations, the Village is also entitled to the local surcharge of any handicapped tickets issued in the Village. To view a detailed analysis, you may access Village Manager Healy’s “Justice Court Consolidation Proposal” by logging onto the following link: https://www.crotononhudson- ny.gov/sites/g/files/vyhlif441/f/uploads/court_presentation.pdf Village Attorney Whitehead explained that under New York State Village Law, the abolishment of a Village Justice is subject to a “Permissive Referendum”, thirty days after the Board acts, a petition can be filed requiring it to be put to a “Referendum”, the petition must be signed by at least twenty percent of those who were registered to vote in the most recent Village election (1,061), and upon receiving the petition, the Board would then schedule a special election. Village Attorney Whitehead added that the Board could of its own act, at least Village Trustees Board Meeting February 28, 2022 fifteen days prior to the date of the election, repeal the law and eliminate the need to go ahead with the special election. Village Attorney Whitehead also explained that the Village Board at any point in time could re-establish the Village Justice position through a Local Law which would be subject to a “Permissive Referendum” as well. PUBLIC COMMENTS Sam Watkins, Village Justice, 30 Lounsbury Road, Croton on Hudson, stated that the integrity of the Village must be maintained, the convenience of the Court should not be ignored, and residents should not have to travel twenty minutes to Cortlandt to take care of a ticket. Mr. Watkins stated that even though the parking lot is half full, MTA is increasing its fares because they believe people are going back to work, eliminating the Court is a permanent solution to a temporary problem and once the Court is gone it will never come back, there are no guarantees or assurances as to what is stated in the “Letter of Agreement”, they are only saying that they will give consideration to our current clerks as well as considering holding arraignments in the Village of Croton. Mr. Watkins stated that he does not believe that the savings to the Village are correct, the surcharges on handicapped tickets go to the State of New York and not to the Village, Police overtime to appear in court will still exist and believes that the savings will be $158,000 not the $363,000 indicated. MH Fryburg, 35 Brook Street, Croton on Hudson, stated that he is involved in a non-profit called “New York Court and Government Reform Commission” and one of their goals is to abolish Justice Courts and create “Uniform District Courts” in Westchester, but he opposes this proposal because there isn’t a detailed agreement, he understands we have a fiscal problem in Croton, but this needs to be looked at from a bigger perspective. Mr. Fryburg added that Westchester County Chief Justice Janet DiFiore also has her own court reform plan and does not believe the Village should do anything at this time. Village Trustees Board Meeting February 28, 2022 Sharon Kullberg, 199 Cleveland Drive, Croton on Hudson, stated that her experiences dealing with our local court has been very good and likes the convenience and supports keeping it. Ira Lipton, 55 Old Post Road, Croton on Hudson, stated that he believes this is an ill-advised decision, the court is a service and should not be measured by the number of people who are using it, and we should consider the overall impact of the Village Court on the community, our local court enforces the laws on a local level, coordinates with our local Police Department and the rationale for abolishing it could leave to similar debates of whether or not we should abolish the Police Department as well as other local services. Mr. Lipton also stated that on the occasion that he had to be in Village Court, he found it to be very professionally run and does not believe the savings warrant this. Ian Murtaugh, 60 Young Avenue, Croton on Hudson, stated that he understands that this stems from an effort to reduce the Village’s Budget and to lower the tax burden and applauds the Board for opening this dialogue. Mr. Murtaugh stated that as a former Village Trustee he knows that the Board’s and Manager’s goal is to provide the very best management of Village assets and services as possible, and living in a small Village such as ours allows us to have direct control over those services, the Justice Court handles hundreds of cases annually, a majority being non-Village residents, but for the Croton resident who does need to appear, it is extremely convenient and a level of decency and discretion is applied to every case and is concerned that we may be losing this by consolidating with the Town of Cortland, while the possible tax benefit sounds good and generally speaking sharing services is an efficient municipal tactic, he is a little confused on the actual savings and the loss of jobs for the current court staff. Mr. Murtaugh pointed out that the Town Court may need to increase staff levels to accommodate the increase case-loads, which could have an impact on the portion of taxes every Croton resident pays to the Town of Cortlandt, and while it is wonderful if all Village Village Trustees Board Meeting February 28, 2022 departments can pay for themselves, that is not the mission of the Justice Court, their role is to dispense Justice in a humane manner and asked the Board to consider scheduling a “Permissive Referendum” and allow the community to determine the future of Croton’s Justice Court. Paul Doyle, 121 Old Post Road North, Croton on Hudson, stated that while some people may say we do not need our own court, he disagrees, the presence of a local Police Department and Justice Court that has a clear understanding of their community is critically important to many parents and the Village has a moral obligation to these employees and it should be put to a vote for the community to make that decision. Stuart Greenbaum, 48 Mount Airy Road, Croton on Hudson, stated that he supports keeping the Village Court; there are other revenue streams such as the Katz Property, solar canopies at the train station, and several developments in the pipeline that more than compensate for what we would save in consolidating the Justice Court, as a part time park ranger he does not look forward to having to go to the Town of Cortlandt to deal with the few summons he issues, convenience, sensitivity and knowledge of the community far outweighs the amount that would be saved. John Sasso, 87 Morningside Drive, Croton on Hudson, stated that in the years he has lived in Croton there isn’t a Department that he has not interacted with, residents love our Village, and he hopes that the Board will decide to keep the Village Justice Court because it is an important part of the Village. Jay Sherman, 94 Grand Street, Croton on Hudson, stated that people live here because it is a small Village and everyone knows each other, the people who work in the Court also live here and know us, the Town Court is an extremely busy court, and it could take years to resolve certain matters. Village Trustees Board Meeting February 28, 2022 Jamie Salles, 42 Lounsbury Road, Croton on Hudson, asked if the Board has taken into consideration and calculated the hours lost by our Police Officers having to go to the Town of Cortlandt, what we have in Croton is magical and we should not give any of it up and asked that the Board check the numbers and not be penny wise and pound foolish. David Granger, 45 Lounsbury Road, Croton on Hudson, stated that one of the reasons we love Croton is the services provided by our local government, the Village Court is a beautiful service and supports keeping it. Louis Montana, 5 Ackerman Court, Croton on Hudson, stated that the services provided by the Village are all part of the quilt that makes a community a desirable place to live, he appreciates that the Board is looking into measures to guard the Budget, but he is opposed to Local Law No. 3 because the Village Court is a significant part of the fabric that makes Croton a desirable place to live. Jane Murtaugh, 6 Michaels Lane, Croton on Hudson, stated that she is opposed to the merger, she has had two interactions with the Village Court in her forty years in the Village and believes that it would have been different if she had to go to a place which was unfamiliar or a distance away, this is a service and does not support giving it up. Harry Coffey, 27 Observatory Drive, Croton on Hudson, stated that going to Cortlandt would be just as bad as going to the “DMV” in Peekskill and does not believe it is worth the savings, and the Board should not be making this decision until we know exactly what the parking lot revenues will be over time. Casey Raskob, Village Prosecutor, stated that the “Justice Court Manual” identifies steps to take when dissolving a Court, one of which is an analysis of the financial impact, stakeholders have not been brought together and the economics of all the moving parts have not been discussed or shared, the Town Court has a backlog of 5,000 cases, and based on many conversations with attorneys statewide, Village Trustees Board Meeting February 28, 2022 every place but New York City is back to normal enforcement levels and writing violations and history shows that the money follows right after. Mr. Raskob stated that the Court is not to be measured by making money and disbanding a Court because people have changed habits is out of proportion and is illogical, and the “Memo of Understanding” gives the Village nothing and asked the Board not to railroad this through. Mark Teague, 3 Larkin Place, Croton on Hudson, stated that what we are considering here is eliminating a democratically elected position, our Judge was voted by Croton residents who reflects the values of our community and is concerned that the Town Court may not reflect those values, our Village Prosecutor lives here and knows our residents and understands what our residents are dealing with, this is not a plan to improve our Village but rather taking advantage of a short term crises. Roger Kraminitz, 17 Hillside Avenue, Croton on Hudson, stated that he is strongly opposed to this, he practices law in Westchester County and appears in the Croton Court often and finds that people are treated very well, and while he does not want to say that the Town Court does not do a good job, Croton does a great job and most of his clients feel they were treated fairly. Amie Kim, 32 Sunset Drive, Croton on Hudson, stated that she started working for the Village Court about five months ago and has so much respect for everyone that works to make our Village what it is. Ms. Kim stated that the Court is not a money maker, it is not a business but rather a service provided for our community and to maintain the rule of law which assures that the quality of life in our Village is maintained. Ana Teague, Assistant Court Clerk, stated that she is opposed to the elimination of the Court where justice is dispersed in a community with the values of a community reflected in the election of a Judge by Village residents and is shocked that we are considering removing the Village Trustees Board Meeting February 28, 2022 seat of an elected official, this decision is short-sided and we should not be making it at the end of a crises and without further study or understanding of what a post Covid world will bring is a mistake, the residents of Croton are speaking and implores the Board to listen. Anna Reisner, 8 Observatory Drive, Croton on Hudson, stated that she has served on many Boards and has learned that the people who live in this Village are the people who should be working and running it and she cannot imagine having to go to the Town of Cortlandt, some residents may have difficulty getting to Cortlandt and having a Court in the Village is a convenience and supports keeping it. Rosanne Felicello, 10 Eklof Court, Croton on Hudson, stated that she echoes all the comments made, she has already emailed the Board and written to the newspaper with her comments but wanted to reiterate her support for keeping our Village Court, Ellen Imbiano, 17 Van Wyck Street, Croton on Hudson, stated that, as a past employee of the Court, there is a benefit to employees having a personal relationship with the residents, residents come to the Village Court, and they are treated well and supports keeping it. Joseph Barillaro, 30 Wells Avenue, Croton on Hudson, stated that he moved to Croton because of its wonderful services, he wants our Court, our Police our Fire Department, and all the other wonderful services provided by Croton and if we give up the Court what will be next and urged the Board not to move forward with this. Gary Rick, 57 North Riverside Avenue, Croton on Hudson, stated that he is a practicing attorney who has appeared in Village Court many times, the Judges and the staff treat everyone with the utmost respect and is asking that the Board allow this to continue, the purpose of a local government is to serve the needs of its citizens, and having a Village Court is one of those needs and abolishing it will cause a dis- service to the community and urged the Board not to approve. Village Trustees Board Meeting February 28, 2022 Peter Schuyler, 41 Olcott Avenue, Croton on Hudson, stated that we don’t just have a good Justice Court we have a fantastic Justice Court and does not believe this is going to be a cost savings because the Town will increase our taxes because they will have to hire more Court staff. Written Comments: Village Manager Healy advised that he received many written comments regarding this issue. Copies can be obtained by reaching out to the Village Manager’s office. There being no further comments to come before the Board a motion to close the Public Hearing was made by Trustee Rosales. Motion was seconded by Trustee Simon and approved with a 5-0 vote. Mayor Pugh thanked everyone for coming out this evening and speaking on this matter, everyone has given the Board a lot to think about, but at the end of the day, there is an important economic consideration here and would be best thought of in a larger context as part of the overall Budget and believes we should defer making a decision on this matter until the Manager has had a chance to present the preliminary Budget. Mayor Pugh stated that if we take Justice Watkins estimate of $158,000 of savings to the Village, it is more than the combined cost of all programs for Seniors and Youth, and while he is not saying that we make a tradeoff, this is to give everyone the sense of the challenges we are facing. Mayor Pugh stated that along with high inflation, the consumer price index growing at approximately seven percent annually, a property “Tax Cap” of two percent, as well as our “Non-Property Tax Revenues” continuing to remain fairly depressed, it is going to be intensely challenging to find savings in this Budget. Mayor Pugh stated that while people may say that you cannot make judgements based on forecasts about variable revenues, this is what the Board has to do every Budget season and we have to make our best good faith estimates on those variable revenue sources. Mayor Village Trustees Board Meeting February 28, 2022 Pugh reminded everyone that in 2021 we thought that our revenue sources would come back when the vaccines came out, and then we were hit again by the new Delta and Omicron wave and revenues have not recovered to pre-pandemic levels and we do not know if there will be future variants and we do not know how permanent the switch to remote and or hybrid work will be, as the Manager indicated, even a modest long term switch to hybrid or remote work could have very serious impacts on the Village’s Budget and while we have been working hard to find new revenue sources, we cannot count those eggs before they hatch, he is immensely proud of the agreement the Village signed with Sol-Systems for a community solar array at the Croton Harmon Train Station parking lot that could yield approximately $400,000, however when we originally signed that agreement it was above $500,000 but because of various engineering issues that needed to be addressed we had to reach an agreement where the revenues were reduced to reflect those expenses. Mayor Pugh also added that there remains outstanding re-purchase rights with the MTA that they hold over certain parcels in the parking lot which have not been settled at this time and if that is not resolved, the solar project cannot move forward, while the Katz property will provide approximately $35,000 in revenue annually to the Village, the financing was not approved for this project by the State of New York, the developers have submitted their application again for the next round of funding and hopefully they will get it, but this just highlights that there remains uncertainty with those opportunities for new revenue and it is not responsible to rely on any of them to see us through the current situation, we had a robust “Fund Balance” heading into 2020, and because of that we were able to insulate residents from the worst of the economic consequences of the Covid-19 Pandemic and he does not believe we should be using the proceeds of 41-51 Maple Street to plug a Budget hole and it is important to continue to build a recurring Fund Balance revenue. Mayor Pugh stated that he looks forward to an honest dialogue about the tradeoffs that exist, what savings we can try to find in the Budget and what people are willing to Village Trustees Board Meeting February 28, 2022 tolerate in terms of a “Tax Levy” to sustain the kind of services that residents have come accustomed to. Trustee Simon stated that we live in a world where there are shared and contracted services between governments, and agreements with the Town of Cortland is not something new, on our agenda this evening we have two extension of agreements with the Town, one where they will pay us $66,043 for EMS services for the Mt Airy/Quaker Bridge area, and the other where they will pay us $345,387 for fire services for the Mt. Airy/Quaker Bridge Fire District, ($276,000 will go to the Village and $69,000 will go to the Croton Fire Council), consolidating services is very common around the country and works well when two governments have a mutual respect and a good working relationship and believes that we have that with the Town of Cortlandt. Trustee Simon stated that he has great confidence in Town Supervisor Becker and the Cortlandt team, the two Town Court Judges are first rate, one of them lives in Croton and they are both outstanding Jurists and he believes they will dispense Justice to our citizens with the fairness that their Oath requires and with the compassion that he knows is in their heart. Trustee Simon reminded Village residents that we pay a lot of taxes to the Town of Cortlandt and likes the idea of Cortlandt giving us more services for the tax dollars we pay. With that said, he would like to see an agreement with more detail regarding how such a consolidation would actually work, the “Memorandum of Understanding” as currently drafted, does not meet the standards he sought in terms of assurances and detail, and he does not know if it is possible to develop a “MOU” that is better, but we will not know that until we explore that further with Supervisor Becker and his team and more detail from the Village Manager on what the implications would be in keeping the Court, how it will affect the Budget, and how it may affect other Village jobs and services. Trustee Simon suggested that the Board speak with other Villages that have consolidated their Courts with their Towns. Village Trustees Board Meeting February 28, 2022 Trustee Gallelli stated that as a Trustee for many years, in a small community like Croton, she has always found that the difficult decisions brings out the best in us and thanked everyone for coming out this evening and sharing their thoughts. Trustee Gallelli stated that both Sam Watkins and Casey Raskob are former Board members, and they certainly understand what we are dealing with, Trustee Simon has laid out good parameters for us to pursue and fully supports not taking any action at this time until we have found the answers to those questions that were raised, we are still going to have to make choices, but we will benefit from getting more information. Trustee Horowitz thanked everyone for coming out this evening, the Village has also received sixty emails on this issue and with the exception of one, they were all opposed, we are totally aware that Croton is a special place and thanked everyone for their passionate argument for keeping the Village Court. Trustee Rosales stated that he is opposed to the consolidation of the Court and applauded everyone for making very articulate pleas as to why that should not be the case, a “Permissive Referendum” will cost money and if we are truly looking to reduce expenses, we should look elsewhere. Mayor Pugh emphasized the intense fiscal challenges we are facing; over the previous two Budgets we had cut over $500,000 over forty line items, some might say that this is so called fat, but we had to cut important amenities such as the D.A.R.E. program, “Summerfest” and the elimination of the “Beautification Program” which were all important to the community and that made life in our Village worth living. Mayor Pugh stated that we were also able to secure an additional $100,000 in savings by refinancing our Village debt, and while sometimes we can find savings in a painless way, the reality is that wherever we find that opportunity, we have taken it and finding more savings is vanishing very quickly and future savings are going to have some element of inconvenience and the Board will have to determine if those losses are too great, and if they are, then it will Village Trustees Board Meeting February 28, 2022 have to be made up in a higher Tax Levy. Mayor Pugh stated that he appreciates the work the Manager, Treasurer and the Assistant Manager have done in preparing for the upcoming Budget. 5. CONSISTENCY REVIEW – EAF Part 2 and LWRP Review of Local Law Introductory No. 2 of 2022 to establish Use and Bulk/Area regulations pertaining to the North End Gateway District. PART 2 – FULL ENVIRONMENTAL ASSESSMENT FORM 1. Impact on Land Proposed action may involve construction on, or physical alteration of, the land surface of the proposed site. (See Part 1. D.1) If “Yes”, answer questions a - j. If “No”, move on to Section 2. NO YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may involve construction on land where depth to water table is less than 3 feet. E2d b. The proposed action may involve construction on slopes of 15% or greater. E2f c. The proposed action may involve construction on land where bedrock is exposed, or generally within 5 feet of existing ground surface. E2a d. The proposed action may involve the excavation and removal of more than 1,000 tons of natural material. D2a e. The proposed action may involve construction that continues for more than one year or in multiple phases. D1e f. The proposed action may result in increased erosion, whether from physical disturbance or vegetation removal (including from treatment by herbicides). D2e, D2q g. The proposed action is, or may be, located within a Coastal Erosion hazard area. B1i h. Other impacts: Village Trustees Board Meeting February 28, 2022 2. Impact on Geological Features The proposed action may result in the modification or destruction of, or inhibit access to, any unique or unusual land-forms on the site (e.g., cliffs, dunes, minerals, fossils, caves). (See Part 1. E.2.g) NO YES If “Yes”, answer questions a - c. If “No”, move on to Section 3. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. Identify the specific land-form(s) attached: E2g b. The proposed action may affect or is adjacent to a geological feature listed as a registered National Natural Landmark. Specific feature: E3c c. Other impacts: 3. Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water bodies (e.g., streams, rivers, ponds or lakes). (See Part 1. D.2, E.2.h) If “Yes”, answer questions a - l. If “No”, move on to Section 4. NO YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may create a new water body. D2b, D1h b. The proposed action may result in an increase or decrease of over 10% or more than a 10 acre increase or decrease in the surface area of any body of water. D2b c. The proposed action may involve dredging more than 100 cubic yards of material from a wetland or water body. D2a Village Trustees Board Meeting February 28, 2022 d. The proposed action may involve construction within or adjoining a freshwater or tidal wetland, or in the bed or banks of any other water body. E2h e. The proposed action may create turbidity in a waterbody, either from upland erosion, runoff or by disturbing bottom sediments. D2a, D2h f. The proposed action may include construction of one or more intake(s) for withdrawal of water from surface water. D2c g. The proposed action may include construction of one or more outfall(s) for discharge of wastewater to surface water(s). D2d h. The proposed action may cause soil erosion, or otherwise create a source of stormwater discharge that may lead to siltation or other degradation of receiving water bodies. D2e i. The proposed action may affect the water quality of any water bodies within or downstream of the site of the proposed action. E2h j. The proposed action may involve the application of pesticides or herbicides in or around any water body. D2q, E2h k. The proposed action may require the construction of new, or expansion of existing, wastewater treatment facilities. D1a, D2d l. Other impacts: 4. Impact on groundwater The proposed action may result in new or additional use of ground water, or may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1. D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t) If “Yes”, answer questions a - h. If “No”, move on to Section 5. NO YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur Village Trustees Board Meeting February 28, 2022 a. The proposed action may require new water supply wells or create additional demand on supplies from existing water supply wells. D2c b. Water supply demand from the proposed action may exceed safe and sustainable withdrawal capacity rate of the local supply or aquifer. Cite Source: D2c c. The proposed action may allow or result in residential uses in areas without water and sewer services. D1a, D2c d. The proposed action may include or require wastewater discharged to groundwater. D2d, E2l e. The proposed action may result in the construction of water supply wells in locations where groundwater is, or is suspected to be, contaminated. D2c, E1f, E1g, E1h f. The proposed action may require the bulk storage of petroleum or chemical products over ground water or an aquifer. D2p, E2l g. The proposed action may involve the commercial application of pesticides within 100 feet of potable drinking water or irrigation sources. E2h, D2q, E2l, D2c h. Other impacts: 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. (See Part 1. E.2) If “Yes”, answer questions a - g. If “No”, move on to Section 6. NO YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may result in development in a designated floodway. E2i b. The proposed action may result in development within a 100 year floodplain. E2j c. The proposed action may result in development within a 500 year floodplain. E2k d. The proposed action may result in, or require, modification of existing drainage patterns. D2b, D2e Village Trustees Board Meeting February 28, 2022 e. The proposed action may change flood water flows that contribute to flooding. D2b, E2i, E2j, E2k f. If there is a dam located on the site of the proposed action, is the dam in need of repair, or upgrade? E1e g. Other impacts: 6. Impacts on Air The proposed action may include a state regulated air emission source. (See Part 1. D.2.f., D,2,h, D.2.g) If “Yes”, answer questions a - f. If “No”, move on to Section 7. NO YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. If the proposed action requires federal or state air emission permits, the action may also emit one or more greenhouse gases at or above the following levels: i. More than 1000 tons/year of carbon dioxide (CO2) ii. More than 3.5 tons/year of nitrous oxide (N2O) iii. More than 1000 tons/year of carbon equivalent of perfluorocarbons (PFCs) iv. More than .045 tons/year of sulfur hexafluoride (SF6) v. More than 1000 tons/year of carbon dioxide equivalent of hydrochloroflourocarbons (HFCs) emissions vi. 43 tons/year or more of methane D2g D2g D2g D2g D2g D2h b. The proposed action may generate 10 tons/year or more of any one designated hazardous air pollutant, or 25 tons/year or more of any combination of such hazardous air pollutants. D2g c. The proposed action may require a state air registration or may produce an emissions rate of total contaminants that may exceed 5 lbs. per hour or may include a heat source capable of producing more than 10 million BTU=s per hour. D2f, D2g d. The proposed action may reach 50% of any of the thresholds in “a” through “c”, above. D2g e. The proposed action may result in the combustion or thermal treatment of more than 1 ton of refuse per hour. D2s Village Trustees Board Meeting February 28, 2022 f. Other impacts: 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1. E.2. m.-q.) If “Yes”, answer questions a - j. If “No”, move on to Section 8. NO YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may cause reduction in population or loss of individuals of any threatened or endangered species, as listed by New York State or the Federal government, that use the site, or are found on, over, or near the site. E2o b. The proposed action may result in a reduction or degradation of any habitat used by any rare, threatened or endangered species, as listed by New York State or the federal government. E2o c. The proposed action may cause reduction in population, or loss of individuals, of any species of special concern or conservation need, as listed by New York State or the Federal government, that use the site, or are found on, over, or near the site. E2p d. The proposed action may result in a reduction or degradation of any habitat used by any species of special concern and conservation need, as listed by New York State or the Federal government. E2p e. The proposed action may diminish the capacity of a registered National Natural Landmark to support the biological community it was established to protect. E3c f. The proposed action may result in the removal of, or ground disturbance in, any portion of a designated significant natural community. E2n g. The proposed action may substantially interfere with nesting/breeding, foraging, or over-wintering habitat for the predominant species that occupy or use the project site. E2m h. The proposed action requires the conversion of more than 10 acres of forest, grassland or any other regionally or locally important habitat. Habitat type & information source: E1b Village Trustees Board Meeting February 28, 2022 i. Proposed action (commercial, industrial or recreational projects, only) involves use of herbicides or pesticides. D2q j. Other impacts: 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) If “Yes”, answer questions a - h. If “No”, move on to Section 9. NO YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may impact soil classified within soil group 1 through 4 of the NYS Land Classification System. E2c, E3b b. The proposed action may sever, cross or otherwise limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc). E1a, Elb c. The proposed action may result in the excavation or compaction of the soil profile of active agricultural land. E3b d. The proposed action may irreversibly convert agricultural land to non- agricultural uses, either more than 2.5 acres if located in an Agricultural District, or more than 10 acres if not within an Agricultural District. E1b, E3a e. The proposed action may disrupt or prevent installation of an agricultural land management system. El a, E1b f. The proposed action may result, directly or indirectly, in increased development potential or pressure on farmland. C2c, C3, D2c, D2d g. The proposed project is not consistent with the adopted municipal Farmland Protection Plan. C2c h. Other impacts: 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from, or are in sharp contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1. E.1.a, E.1.b, E.3.h.) If “Yes”, answer questions a - g. If “No”, go to Section 10. Village Trustees Board Meeting February 28, 2022 NO YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. Proposed action may be visible from any officially designated federal, state, or local scenic or aesthetic resource. E3h b. The proposed action may result in the obstruction, elimination or significant screening of one or more officially designated scenic views. E3h, C2b c. The proposed action may be visible from publicly accessible vantage points: i. Seasonally (e.g., screened by summer foliage, but visible during other seasons) ii. Year round E3h d. The situation or activity in which viewers are engaged while viewing the proposed action is: i. Routine travel by residents, including travel to and from work ii. Recreational or tourism based activities E3h E2q, E1c e. The proposed action may cause a diminishment of the public enjoyment and appreciation of the designated aesthetic resource. E3h f. There are similar projects visible within the following distance of the proposed project: 0-1/2 mile ½ -3 mile 3-5 mile 5+ mile D1a, E1a, D1f, D1g g. Other impacts: 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological resource. (Part 1. E.3.e, f. and g.) If “Yes”, answer questions a - e. If “No”, go to Section 11. NO YES Village Trustees Board Meeting February 28, 2022 Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may occur wholly or partially within, or substantially contiguous to, any buildings, archaeological site or district which is listed on or has been nominated by the NYS Board of Historic Preservation for inclusion on the State or National Register of Historic Places. E3e b. The proposed action may occur wholly or partially within, or substantially contiguous to, an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory. E3f c. The proposed action may occur wholly or partially within, or substantially contiguous to, an archaeological site not included on the NY SHPO inventory. Source: E3g d. Other impacts: If any of the above (a-d) are answered “Moderate to large impact may e. occur”, continue with the following questions to help support conclusions in Part 3: i. The proposed action may result in the destruction or alteration of all or part of the site or property. ii. The proposed action may result in the alteration of the property’s setting or integrity. iii. The proposed action may result in the introduction of visual elements which are out of character with the site or property or may alter its setting. E3e, E3g, E3f E3e, E3f, E3g, E1a, E1b E3e, E3f, E3g, E3h, C2, C3 11. Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities, or a reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1. C.2.c, E.1.c., E.2.q.) If “Yes”, answer questions a - e. If “No”, go to Section 12. NO YES Village Trustees Board Meeting February 28, 2022 Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may result in an impairment of natural functions, or “ecosystem services”, provided by an undeveloped area, including but not limited to stormwater storage, nutrient cycling, wildlife habitat. D2e, E1b E2h, E2m, E2o, E2n, E2p b. The proposed action may result in the loss of a current or future recreational resource. C2a, E1c, C2c, E2q c. The proposed action may eliminate open space or recreational resource in an area with few such resources. C2a, C2c E1c, E2q d. The proposed action may result in loss of an area now used informally by the community as an open space resource. C2c, E1c e. Other impacts: 12. Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical environmental area (CEA). (See Part 1. E.3.d) If “Yes”, answer questions a - c. If “No”, go to Section 13. NO YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may result in a reduction in the quantity of the resource or characteristic which was the basis for designation of the CEA. E3d b. The proposed action may result in a reduction in the quality of the resource or characteristic which was the basis for designation of the CEA. E3d c. Other impacts: 13. Impact on Transportation The proposed action may result in a change to existing transportation systems (See Part 1. D.2.j) If “Yes”, answer questions a - f. If “No”, go to Section 14. . NO YES Village Trustees Board Meeting February 28, 2022 Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. Projected traffic increase may exceed capacity of existing road network. D2j b. The proposed action may result in the construction of paved parking area for 500 or more vehicles. D2j c. The proposed action will degrade existing transit access. D2j d. The proposed action will degrade existing pedestrian or bicycle accommodations. D2j e. The proposed action may alter the present pattern of movement of people or goods. D2j f. Other impacts: 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. (See Part 1. D.2.k) If “Yes”, answer questions a - e. If “No”, go to Section 15. NO YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action will require a new, or an upgrade to an existing, substation. D2k b. The proposed action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two-family residences or to serve a commercial or industrial use. D1f, D1q, D2k c. The proposed action may utilize more than 2,500 MWhrs per year of electricity. D2k d. The proposed action may involve heating and/or cooling of more than 100,000 square feet of building area when completed. D1g e. Other Impacts: Village Trustees Board Meeting February 28, 2022 15. Impact on Noise, Odor, and Light The proposed action may result in an increase in noise, odors, or outdoor lighting. (See Part 1. D.2.m., n., and o.) If “Yes”, answer questions a - f. If “No”, go to Section 16. NO YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may produce sound above noise levels established by local regulation. D2m b. The proposed action may result in blasting within 1,500 feet of any residence, hospital, school, licensed day care center, or nursing home. D2m, E1d c. The proposed action may result in routine odors for more than one hour per day. D2o d. The proposed action may result in light shining onto adjoining properties. D2n e. The proposed action may result in lighting creating sky-glow brighter than existing area conditions. D2n, E1a f. Other impacts: 16. Impact on Human Health The proposed action may have an impact on human health from exposure to new or existing sources of contaminants. (See Part 1.D.2.q., E.1. d. f. g. and h.) NO YES If “Yes”, answer questions a - m. If “No”, go to Section 17. Relevant Part I Question(s) No,or small impact may occur Moderate to large impact may occur a. The proposed action is located within 1500 feet of a school, hospital, licensed day care center, group home, nursing home or retirement community. E1d b. The site of the proposed action is currently undergoing remediation. E1g, E1h c. There is a completed emergency spill remediation, or a completed environmental site remediation on, or adjacent to, the site of the proposed action. E1g, E1h Village Trustees Board Meeting February 28, 2022 d. The site of the action is subject to an institutional control limiting the use of the property (e.g., easement or deed restriction). E1g, E1h e. The proposed action may affect institutional control measures that were put in place to ensure that the site remains protective of the environment and human health. E1g, E1h f. The proposed action has adequate control measures in place to ensure that future generation, treatment and/or disposal of hazardous wastes will be protective of the environment and human health. D2t g. The proposed action involves construction or modification of a solid waste management facility. D2q, E1f h. The proposed action may result in the unearthing of solid or hazardous waste. D2q, E1f i. The proposed action may result in an increase in the rate of disposal, or processing, of solid waste. D2r, D2s j. The proposed action may result in excavation or other disturbance within 2000 feet of a site used for the disposal of solid or hazardous waste. E1f, E1g E1h k. The proposed action may result in the migration of explosive gases from a landfill site to adjacent off site structures. E1f, E1g l. The proposed action may result in the release of contaminated leachate from the project site. D2s, E1f, D2r m. Other impacts: 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. (See Part 1. C.1, C.2. and C.3.) If “Yes”, answer questions a - h. If “No”, go to Section 18. NO YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action’s land use components may be different from, or in sharp contrast to, current surrounding land use pattern(s). C2, C3, D1a E1a, E1b b. The proposed action will cause the permanent population of the city, town or village in which the project is located to grow by more than 5%. C2 Village Trustees Board Meeting February 28, 2022 c. The proposed action is inconsistent with local land use plans or zoning regulations. C2, C2, C3 d. The proposed action is inconsistent with any County plans, or other regional land use plans. C2, C2 e. The proposed action may cause a change in the density of development that is not supported by existing infrastructure or is distant from existing infrastructure. C3, D1c, D1d, D1f, D1d, Elb f. The proposed action is located in an area characterized by low density development that will require new or expanded public infrastructure. C4, D2c, D2d D2j g. The proposed action may induce secondary development impacts (e.g., residential or commercial development not included in the proposed action) C2a h. Other: 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. (See Part 1. C.2, C.3, D.2, E.3) If “Yes”, answer questions a - g. If “No”, proceed to Part 3. NO YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may replace or eliminate existing facilities, structures, or areas of historic importance to the community. E3e, E3f, E3g b. The proposed action may create a demand for additional community services (e.g. schools, police and fire) C4 c. The proposed action may displace affordable or low-income housing in an area where there is a shortage of such housing. C2, C3, D1f D1g, E1a d. The proposed action may interfere with the use or enjoyment of officially recognized or designated public resources. C2, E3 e. The proposed action is inconsistent with the predominant architectural scale and character. C2, C3 f. Proposed action is inconsistent with the character of the existing natural landscape. C2, C3 E1a, E1b E2g, E2h Village Trustees Board Meeting February 28, 2022 g. Other impacts: CONSISTENCY REVIEW WAC RESPONSE VILLAGE BOARD 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 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 Yes Yes Yes Yes Board Concurred 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 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 No 1D Require restoration of deteriorating structures related to railroad use and assure appropriate maintenance and screening to reduce visual impact. No No 1E Develop the old sewage treatment plant site at the intersection of Route 9A and Municipal Place. No No Facilitate the siting of water dependent uses and facilities on or adjacent to coastal waters No No 2A Expand restrictions on the use of power boats on the Hudson River and Croton No No Village Trustees Board Meeting February 28, 2022 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. The state coastal policy regarding the development of major ports is not applicable to Croton. No No The state coastal policy regarding the strengthening of small harbors is not applicable to Croton. No 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 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. Yes Yes Yes Yes Board Concurred 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 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. Yes Yes Yes Yes Board Concurred Expedite permit procedures in order to facilitate the siting of development activities at suitable locations. No 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 applicants proposing development No No Village Trustees Board Meeting February 28, 2022 activities. No No 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. No No 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. No No 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. No No 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 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 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. Construction activity shall be timed so that spawning of No No Village Trustees Board Meeting February 28, 2022 anadromous fish species and shellfish will not be adversely affected. 7G Such activities must not cause degradation of water quality or impact identified significant fish and wildlife habitats No No 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. No No 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 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 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 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 No No Village Trustees Board Meeting February 28, 2022 resources and considers other activities dependent on them. 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 No No 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 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 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 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 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 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 No No Village Trustees Board Meeting February 28, 2022 of such activities or development, or at other locations. 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 No Public funds shall only be used for erosion 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 No No 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 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 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 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. No No Village Trustees Board Meeting February 28, 2022 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 No 19A Encourage the linkage of open space along the Hudson and Croton Rivers in the form of a trail or walkway system. Such systems should be provided along undeveloped and underutilized land as well as along previously developed land. No No 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 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 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 No 19E Maintain the trail, which provides access to the Croton River waterfront, in its current undeveloped condition as a pedestrian walkway. No 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 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 No No Village Trustees Board Meeting February 28, 2022 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. 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 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 No 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 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 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 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 No No Village Trustees Board Meeting February 28, 2022 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. 25B Secure the designation of the panoramic views from Croton Point as a scenic area of statewide significance. No 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 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 Pear Hill, Lounsbury Hill, and River Landing. In addition, protect view-sheds to and of the Croton River and Gorge. No No The state coastal policy regarding the protection of agricultural lands is not applicable to Croton No 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 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 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 No The state coastal policy regarding the development of energy resources is not applicable to Croton. No No WATER AND AIR RESOURCES POLICIES Municipal, industrial, and commercial discharge of pollutants, including but not limited to, toxic and hazardous No No Village Trustees Board Meeting February 28, 2022 substances, into coastal waters will conform to state and national water quality standards. 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 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. No No 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 No 31A Clean water is desired and NYSDEC should continually monitor water quality in the Hudson River and Croton Bay which 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. No No Encourage the use of alternative or innovative sanitary waste systems in small communities where the costs of conventional facilities are unreasonably high, given the size of the existing tax base of these communities. No No Best Management Practices will be used to ensure the control of storm water runoff and combined sewer overflows draining into coastal waters. No 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 No 33B Improve existing Village storm water discharge to control flow of pollutants from street and parking areas, etc. directly in the rivers. No No Village Trustees Board Meeting February 28, 2022 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 No 34A There shall be no discharge from moored structures or marine vessels, due to shape of cove and lack of tidal flushing. No 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 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 No Best Management Practices will be utilized to minimize the non-point discharge of excess nutrients, organics and eroded soils into coastal waters. No No 37A Standards and specifications for the 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. No No 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 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 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 No 39A Require transporters, producers and No No Village Trustees Board Meeting February 28, 2022 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. 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 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 No Land use or development in the coastal area will not cause national or state air quality standards to be violated No No 41A A NYSDEC point-source air monitoring station should be established within the Village of Croton-on-Hudson. No No Coastal management policies will be considered if the state reclassifies land areas pursuant to the prevention of significant deterioration regulations of the Federal Clean Air Act. No No Land use or development in the coastal area must not cause the generation of significant amounts of the acid rain precursors: nitrates and sulfates. No 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 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 No Preserve and protect tidal and freshwater wetlands and preserve the benefits derived from these areas. No No 44A Wetlands, water bodies and watercourses No No Village Trustees Board Meeting February 28, 2022 shall be protected by preventing damage from erosion or siltation, minimizing disturbance, preserving natural habitats and protecting against flood and pollution. 6. RESPONSES TO QUESTIONS SUBMITTED BY EMAIL - none 7. CORRESPONDENCE: a. Memo from Village Manager Bryan Healy dated February 24, 2022, regarding Upper Village traffic study. https://play.champds.com/ATT/crotononhudsonny/2022- 02/4126332a3cbc528fcded24430b93b8b176aed183.pdf Trustee Simon stated that the Bicycle Pedestrian Committee is in support of the stop signs and the “dummy” light being turned into a flashing light. Trustee Rosales asked if this urgent since we are looking at expenses between $10,000 to $50,000. Village Manager Healy stated that this is something that the Bicycle Pedestrian Committee feels is important, we do get comments from time to time about the safety of the intersection, and since we are going into the Budget season, a decision needs to be made. Trustee Simon stated that the interest seems to be towards option #4, which would be between $10,000 and $25,000, the question is how we feel about the engineering firm doing a very quick update and refresh on it before we move forward. Village Manager Healy stated that the biggest expense of option #4 is the re-programming of the light to have it flash. Trustee Horowitz stated that she is opposed to a flashing light, it is not a good solution, cars don’t even know when to go and she is very concerned that children crossing will not have any idea as well and to Village Trustees Board Meeting February 28, 2022 spend that much money at a time when we are looking to save money seems to be the wrong way to go. Trustee Rosales stated that he hesitates to go back to the consultant, every time we go back to them, they will charge us more. Trustee Gallelli stated that she likes option #4 but is concerned about spending money on it right now and suggested that we reconvene and discuss it further. b. E-Mail from Pete Frisoni, Public Safety Risk Management Specialist from PERMA dated February 16, 2022, advising the Village that PERMA is awarding a $5,000 grant to the Croton on Hudson Fire Department towards the reimbursement for a gear washer. c. E-Mail from Dennis Kooney of the Croton Yacht Club regarding their annual lease reporting documentation. d. E-Mail from Andy Shapley, Croton Little League President dated February 17, 2022, regarding the Little League Parade and Photo Day. https://play.champds.com/ATT/crotononhudsonny/2022- 02/bb3b3ff638b513ca7b8e738dba1b7e0ec866b784.pdf Resolution: On motion made by Trustee Horowitz and seconded by Trustee Simon the Board of Trustees approved the request from the Croton Little League to close Old Post Road South to Grand Street for their opening day parade to be held on Saturday April 9, 2022, and further approves the request to use a section of the Croton Harmon train station parking lot for their picture day to be held on May 7, 2022, between 9:00am- 4:00pm. Motion was approved with a 5-0 vote. e. Fire Council Membership Update from Fire Council John Nunson. https://play.champds.com/ATT/crotononhudsonny/2022- 02/4f07a1797540f1977f235a4d9c62c2c90b0216c0.pdf Village Trustees Board Meeting February 28, 2022 8. PUBLIC COMMENTS ON AGENDA ITEMS: Cathy Connolly, 80 Young Avenue, Croton on Hudson, asked the Board not to touch the “dummy” light, she is very concerned with changing it to accommodate out-of-town people who don’t understand the current light, she also objects to adding more signage and suggested just putting enforcement there a couple of times a day and ticket those who are speeding. Regina Montana, 5 Ackerman Court, Croton on Hudson, spoke in support of resolution f, and gave an overview of the organization “Ossining for Refugees”, for more information on the organization you may log onto the following: https://ossiningforrefugees.org/. Caron Lukin, 5 Alexander Lane, Croton on Hudson, stated that she is now very involved with “Ossining for Refugees” and thanked the Board for their support. Written Comment: Karen Shapiro, 57 Van Wyck, Croton on Hudson, stated that she would like to see a momentum in diversifying our Police force to include more women and people of color and hopes that the new hire reflects this. 9. RESOLUTIONS: Resolution #18 of 2022 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 the Village currently has two open positions in the Police Department, and WHEREAS Police Chief John H. Nikitopoulos has conducted an extensive background check of Terance J. Yant and recommends the hiring of Mr. Yant for the position of Police Officer, and Village Trustees Board Meeting February 28, 2022 WHEREAS Mr. Yant attended the Ulster County Police Academy where he successfully completed the Basic Course for Police Officers, NOW THEREFORE BE IT RESOLVED that Terance J. Yant is hereby appointed as a Police Officer in the Croton-on-Hudson Police Department at the salary of $67,071.33 pending approval from Westchester County Department of Human Resources in accordance with all rules and regulations. Trustee Simon stated that not only did this candidate come through in an amazing way academically and with great skills this appointment also adds to the diversity of the Department. Mayor Pugh stated that these are probably one of the most important decisions Chief Nikitopoulos has to make, he puts a lot of thought into it and hopefully these new officers will have decades long careers in Croton. Trustee Gallelli stated that Chief Nikitopoulos was very enthusiastic about Mr. Yant and highly endorsed this appointment. Resolution #19 of 2022 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 would like to amend the Street Vendor License Policy in recognition of requests from various business owners, and WHEREAS the Board of Trustees discussed this request at the February 22, 2022, work session, and WHEREAS the policy has been amended to allow for more licenses per location and an earlier start time for each vendor, NOW THEREFORE BE IT RESOLVED that the Board of Trustees hereby adopts the amended Street Vendor License Policy, and Village Trustees Board Meeting February 28, 2022 BE IT FURTHER RESOLVED that such amended Street Vendor License Policy shall sunset on June 5, 2022, pending a future review of its operation. Village Manager Healy explained that the current locations in the Upper Village are Grand Street between Old Post Road South and Mount Airy Road, and Old Post Road South between Grand Street and Maple Street, if the Board wants to consider the area between Old Post Road North and Grand Street the Vendor License Policy would need to be amended. Trustee Simon stated that he supports that change. Mayor Pugh stated that with things getting back to normal, we have to consider increases in church attendance as well as the other businesses and it is important that we monitor this and be willing to come back to the table if conditions change. Trustee Gallelli stated that her only concern is that we should watch out for the situation where we have two vendors directly across from one another which could narrow the street too much. Village Manager Healy stated that the Village reserves the right to determine where the vendors are placed and if we see an issue, we can rectify it. Public Comment Ed Riely, 110 Truesdale Drive, Croton on Hudson, stated that he supports the vendor permits but asked the Board to be cognizant of the need for Church parking on Sunday as well as taking into consideration children that are being dropped off for “CCD” classes. Mr. Riely also reminded the Board that there are store owners who are paying rent and it would not be fair for a vendor to sell similar products in front of their stores. Mayor Pugh stated that this is experimental, and we will be monitoring the parking situation. After further discussion the Board agreed to amend the Policy and extend the set up to one hour for non-food vendors. Village Trustees Board Meeting February 28, 2022 Resolution #20 of 2022 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 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 WHEREAS the Village provides an additional sanitation collection to Village businesses every Friday upon request, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby approves the following amendment to the Master Fee Schedule: Commercial Sanitation Collection Minimum monthly charge per location $130.00 Additional Monthly Pickup Rates: Each additional dumpster beyond one (1) $130.00 Resolution #21 of 2022 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 the Village Emergency Medical Services Department provides ambulance service to the Town of Cortlandt for the Mount Airy/Quaker Bridge District on a contract basis each year, and Village Trustees Board Meeting February 28, 2022 WHEREAS the Town has provided the Village with the 2022 Ambulance Inter- Municipal Agreement between the Town of Cortlandt and the Village of Croton-on- Hudson, NOW THEREFORE BE IT RESOLVED that the Village Manager is hereby authorized to sign the 2022 Inter-Municipal Agreement with the Town of Cortlandt for Emergency Medical Services, and BE IT FURTHER RESOLVED that the Town shall pay the Village the sum of $66,043 to provide such Emergency Medical Services during the period from January 1, 2022, to December 31, 2022. Resolution #22 of 2022 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 the Village Fire Department provides fire protection service to the Town of Cortlandt (“the Town”) for the Mount Airy/Quaker Bridge Fire Protection District on a contract basis each year, and WHEREAS the Town has provided the Village with the 2022 Quaker Bridge Fire District Agreement between the Town and the Village of Croton-on-Hudson, NOW THEREFORE BE IT RESOLVED that the Village Manager is hereby authorized to execute the 2022 agreement for fire protection services with the Town, and BE IT FURTHER RESOLVED the Town shall pay the Village the sum of $345,387, with $69,077 paid directly to the Fire Council of the Village of Croton-on-Hudson and the balance of $276,310 paid to the Village, for providing fire protection services within the Mount Airy/Quaker Bridge Fire Protection District during the period from January 1, 2022, until December 31, 2022. Resolution #23 of 2022 Village Trustees Board Meeting February 28, 2022 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 federally-sponsored refugees and asylees from Afghanistan, who have narrowly escaped persecution and possibly death in their home country following the Taliban’s takeover of the United States –aligned government in Kabul last summer, have arrived in the United States, sometimes with only the clothes on their backs and the hope in their hearts, and WHEREA, they have left behind family members, friends and neighbors, careers and a familiar culture and a way of life, and WHEREAS our new neighbors must make the difficult physical, cultural, emotional and career transition to a new home, a new life and a new country, and WHEREAS Ossining for Refugees, the newest Community Sponsorship organization in Westchester County, bringing together neighbors, houses of worship, community organizations and key service providers in Ossining, Briarcliff Manor, Pleasantville and Croton-on-Hudson, has been formed to help resettle the many Afghan individuals and families who deserve a new start, and WHEREAS Ossining for Refugees works with HIAS, (the Hebrew Immigration Aid Society), the oldest of nine federally recognized resettlement agencies, Hearts & Homes, the leader among several Community Sponsorship Organizations in Westchester County, and Catholic Charities, and WHEREAS Ossining for Refugees is made up of all volunteer-staffed teams to provide assistance to refugees and asylees in the following areas: (1) securing safe, comfortable and affordable housing, (2) providing furniture, including beds, new mattresses, bedding and towels, housewares, dishes, kitchen/household supplies and personal care items, (3) introducing families to community amenities, (4) evaluating language needs and providing appropriate support, (5) identifying educational needs of family members and interfacing with school districts for appropriate placements and advocacy, (6) identifying potential employment opportunities, (7) helping to understand finances and create workable household budgets, (8) providing transportation to doctor’s appointments, school meetings, Village Trustees Board Meeting February 28, 2022 etc., (9) helping to apply for Social Security cards, SNAP benefits, ID cards/Driver’s Licenses and other government programs, and (10) helping families navigate the medical insurance system, and WHEREAS Ossining for Refugees will assist our new neighbors on their journey to rebuilding a new life in a new and different country, and ultimately to reach self- sufficiency and financial independence, and WHEREAS the Board of Trustees of the Village of Croton-on-Hudson recognizes that the current Afghanistan refugee situation constitutes a real humanitarian crisis, and seeks to welcome its new neighbors, NOW THEREFORE BE IT RESOLVED that the Board of Trustees of the Village of Croton-on-Hudson affirms and supports the mission and work of Ossining for Refugees and other nonprofits in welcoming and re-settling our new Afghan neighbors and all those escaping oppression, in the belief that by improving their lives, ours will be enriched as well. Trustee Simon stated that what they are doing is very impressive and is why the Croton Rotary is working with them. Resolution #24 of 2022 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 the Village of Croton-on-Hudson was awarded $90,000 through the New York State Clean Energy Communities (CEC) Program for the installation of solar panels atop the Washington Engine Company firehouse on North Riverside Avenue, and WHEREAS the installation of the solar panels will come at no cost to the Village, and WHEREAS this installation will help reduce the energy bills of the Village for the firehouse building over time, and Village Trustees Board Meeting February 28, 2022 WHEREAS this award requires that a contract between the Village of Croton-on- Hudson and the New York State Energy Research and Development Authority (NYSERDA) be executed so that funds may be distributed, NOW THEREFORE BE IT RESOLVED the Village Board of Trustees authorizes the Village Manager to execute the contract with the New York State Energy Research and Development Authority (NYSERDA) for a grant in the amount of $90,000 for the installation of solar panels atop the Washington Engine Company firehouse, subject to approval by the Village Attorney. Mayor Pugh thanked Sustainability Committee Chair Lindsay Audin for making this happen, we anticipate that the annual savings of $3,600 will offset the anticipated New York Power Authority’s rate increase. Resolution #25 of 2022 was withdrawn Resolution #26 of 2022 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 Department of Public Works provides a wide variety of services for the Village, and WHEREAS Department of Public Works employees are to be compensated for their services, and WHEREAS employee salaries are traditionally budgeted in a single departmental account, street maintenance, and then allocated throughout the year in accordance with payroll, NOW THEREFORE BE IT RESOLVED: that the Village Treasurer is authorized to amend the General Fund 2021-2022 budget in the amount of $232,156.40 to allocate funds for each of the Department of Public Works based services: Village Trustees Board Meeting February 28, 2022 GENERAL EXPENSES Increase A1620 Buildings $24,134.11 A5142 Snow $18,855.54 A5183 Public Works $77,626.81 A7140 Playgrounds & Rec $452.03 A8090 Recycling $61,613.98 A8160 Refuse $38,822.98 A8170 Street Clean $1,985.35 Total $232,156.40 Decrease A5110 Street Maintenance $232,156.40 Total $232,156.40 10.PUBLIC COMMENTS ON NON AGENDA ITEMS Ed Riely, 110 Truesdale Drive, Croton on Hudson, stated that local government is the best form of government but the least funded and commended the Board and the Village Manager for the difficult job in trying to balance our Budget when we have a shortfall of two million dollars, the balance of Mr. Riely’s comments can be viewed by logging onto the following: https://play.champds.com/crotononhudsonny/event/744 11. APPROVAL OF MINUTES Motion to approve the minutes as amended of the Regular Meeting held on February 7, 2022, was made by Trustee Simon. Motion was seconded by Trustee Gallelli and approved with a 5-0 vote. Motion to approve the minutes as amended of the Work Session held on February 15, 2022, was made by Trustee Gallelli. Motion was seconded by Trustee Horowitz and approved with a 5-0 vote. 12. REPORTS: Village Trustees Board Meeting February 28, 2022 Trustee Rosales thanked everyone for coming out this evening and applauded the Manager for all his efforts. Trustee Simon advised that a Cannabis listening session was held on February 16th, and at the last Sustainability Committee meeting, Lindsay Audin was able to brief us on the possibility of Westchester County moving forward with solar at the Croton Point Park parking lot. Trustee Gallelli reminded everyone that the Police Advisory Task Force will be holding a Town Hall meeting at Village Hall on March 15th at 7:00pm, she attended the Sustainable Westchester annual meeting last week and was pleased to see how many different programs they have going on, given the increase in Con-Edison rates, we are fortunate that our “Community Choice Aggregate” contract runs till the end of May and while this contract will need to be renewed, we are in a good place being part of that program, she attended the Westchester Municipal Officials Association Legislation Session via zoom which discussed legislative priorities for municipalities in Westchester County. Trustee Horowitz advised that the Diversity and Inclusion Committee is hosting a thought provoking discussion centered around the “1619” project, at 7:00pm, and on Thursday, March 24th the Croton Conservation Advisory Council will host a Green Living series via Zoom. Mayor Pugh thanked everyone who came out for the Blood Drive this past Saturday, and looks forward to receiving an update from Sustainable Westchester at our March 21st Board meeting. There being no further business to come before the Board, a motion to close the meeting was made by Trustee Simon. Motion was seconded by Trustee Gallelli and approved with a 5-0 vote. Meeting adjourned at 10:45pm.