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minutes 14 pages

DRAFT Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, March 7, 2022, in the Georgianna Grant Meeting Room at the Stanley Kellerhouse Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520. The following official was absent: Village Treasurer Tucker 1. CALL TO ORDER Mayor Pugh called the meeting to order at 7:00pm. Everyone joined in the Pledge of Allegiance. Trustee Simon made a motion to approve the following Fiscal Year Vouchers. The motion was seconded by Trustee Gallelli and approved with a 5-0 Vote. $58,505.97 Water Fund $4,654.66 Sewer Fund $112.64 Capital Fund $7,364.76 Trust Fund $4,147.25 3. RESPONSES TO QUESTIONS SUBMITTED BY EMAIL - none 4. CORRESPONDENCE a. Memo from Village Manager Bryan Healy dated March 4, 2022, updating the Board on the parking situation at Croton-Harmon Train Station. https://play.champds.com/ATT/crotononhudsonny/2022- 03/07ae2853cfcf4a22eeb1ee7170c2f79a78c6b56c.pdf b. Memo from Village Manager Bryan Healy dated March 4, 2022, regarding “New York Stretch Energy Code.” Trustee Gallelli Village Manager Bryan Healy Trustee Horowitz – VIA ZOOM Village Attorney Whitehead Trustee Rosales Trustee Simon Village Trustees Board Meeting March 7, 2022 Village Manager Healy explained that if the Board adopted these codes, it would require stricter energy standards for any new developments or significant renovations to existing structures within the Village, the Sustainability Committee would like to see this adopted and he has scheduled this for further discussion at our May 2nd Work Session. https://play.champds.com/ATT/crotononhudsonny/2022- 03/30dccebd4edd0d2eacd185902302635bc54ba594.pdf Trustee Simon stated that anything that we adopt is very likely to be in the next “New York State Energy Code” and is glad that we are addressing this now. Trustee Gallelli stated that this is voluntary but once it is adopted it would be the standard for that municipality and looks forward to discussing it at our May 2nd Work Session with the Sustainability Committee. c. Memo from Con-Edison dated March 3, 2022, regarding higher than expected electricity bills. 4b8ea824954da4c45feeff9a08c6d6685f44c1ec.pdf (champds.com) Village Manager Healy advised that there are programs available for those who may be experiencing a hardship paying their bill that include a deferred payment agreement, payment extensions, energy affordability program discounts, and level payment plans, all these programs can be found by going to their web-site: www.coned.com. Trustee Gallelli stated that for those who have opted into the “Community Choice Aggregation” (“CCA”) program, we have some protection for at least until the next contract. Mayor Pugh advised that we will be getting an update from “Sustainable Westchester” on March 21st in preparation for the new contract. Village Trustees Board Meeting March 7, 2022 5. PUBLIC COMMENTS ON AGENDA ITEMS: Tom Dinkler, 50 Batten Road, Croton on Hudson, Deputy Chief of the Croton Fire Department and “LOSAP” Chairman thanked the Board for their support of the “LOSAP” program. Mr. Dinkler advised that the current record keeping software is being retired and the Department is looking to upgrade its database record keeping system. Trustee Simon thanked Mr. Dinkler for all his hard work in compiling all the data and making sure everyone is in compliance with the program. 6. RESOLUTIONS: Resolution #27 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 would like to repeal Chapter 141 of the Village Code, Housing Standards, as it has fallen into obsolescence, and WHEREAS Local Law Introductory No. 4 of 2022 has been drafted for such purposes, and NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby calls for a Public Hearing on March 21, 2022, at 7 PM to consider Local Law Introductory No. 4 of 2022 to repeal Chapter 141 of the Village Code, Housing Standards, and BE IT FURTHER RESOLVED Notwithstanding the provisions of Article 7 of the Public Officers Law to the contrary, the meeting may be conducted via virtual technology in accordance with Chapter 1 of the Laws of 2022, or it may be conducted in person at the Stanley H. Kellerhouse Municipal Building, located at 1 Van Wyck Street, Croton-on-Hudson, New York. The format will be dictated by public health and safety concerns associated with the COVID-19 pandemic. Resolution #28 of 2022 Village Trustees Board Meeting March 7, 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 Sections 5-504, 5-506, and 5-508 of New York State Village law set forth certain procedures and dates for the adoption of the annual Village budget, and WHEREAS in accordance with Section 5-504 the Village Manager, as Budget Officer, will file the tentative budget in the office of the Village Clerk on or before the twentieth day of March, and WHEREAS Section 5-508.3 provides that a public hearing shall be held upon the tentative budget, as changed, altered or revised, on or before the fifteenth day of April, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby schedules a Public Hearing on Monday, March 28, 2022, at 7 p.m. to consider the 2022-2023 Tentative Budget, and BE IT FURTHER RESOLVED Notwithstanding the provisions of Article 7 of the Public Officers Law to the contrary, the meeting may be conducted via virtual technology in accordance with Chapter 1 of the Laws of 2022, or it may be conducted in person at the Stanley H. Kellerhouse Municipal Building, located at 1 Van Wyck Street, Croton-on-Hudson, New York. The format will be dictated by public health and safety concerns associated with the COVID-19 pandemic. Resolution #29 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 Matra Group, LLC, the owner of property at 1380 Albany Post Road consisting of approximately 1.6 acres in size located in the Limited Office (O-1) zoning district in the North End Gateway Overlay District (the “Property”), submitted a Petition to the Village Board of Trustees for a Zoning Amendment to establish use and bulk/area regulations pertaining to the North End Gateway Village Trustees Board Meeting March 7, 2022 District to allow for a mixed-use development of approximately 33,400 square feet on the Property, and WHEREAS on November 3, 2021, the Village Board of Trustees circulated its notice of intent to be Lead Agency for SEQRA purposes and referred the Petition to the Village Planning Board and Westchester County Planning Board, and WHEREAS the Board of Trustees received comments on the proposed Zoning Amendment from the Village Planning Board and the Westchester County Planning Board, and subsequently received comments from the Village Waterfront Advisory Committee regarding a recommendation on Consistency with the LWRP, and WHEREAS the Board of Trustees reviewed the comments at a work session of the Board and requested certain revisions be made to the proposed Zoning Amendment, and WHEREAS on February 7, 2022, the Village Board of Trustees held a public hearing on the proposed Zoning Amendment at which time all those wishing to be heard had an opportunity to speak, and the Board of Trustees closed the public hearing, and WHEREAS on February 28, 2022, the Village Board of Trustees reviewed the EAF Part 2 and verbally answered the questions set forth therein based upon the entire record with specific reference to information in Part 1 as identified in the Part 2 form, and determined there were no potential impacts identified as moderate to large, and therefore no additional analysis was required in a Part 3, and directed the preparation of the Part 2 and Part 3 forms and a negative declaration under SEQRA for adoption, and WHEREAS the Village Board desires to memorialize its discussion and findings with respect to its SEQRA determination of significance as set forth at the February 28, 2022, meeting in written form, and WHEREAS the Village Board has reviewed each of the 44 policies and sub-policies thereunder set forth in the LWRP and the explanation of each policy as set forth in the LWRP, and Village Trustees Board Meeting March 7, 2022 WHEREAS at its meeting on February 28, 2022 the Village Board verbally made its findings with respect to each of the policies and sub-policies and directed the preparation of a resolution that, based upon its review of the LWRP, the EAF, the Coastal Assessment Form, and the Waterfront Advisory Committee’s recommendations, and the review and discussion undertaken by the Board, the proposed action complies with the policy standards and conditions and is consistent with the policies of the LWRP, and WHEREAS the Village Board desires to memorialize its discussion and findings with respect to its determination of consistency with the Local Waterfront Revitalization Program (LWRP) as set forth at the February 28, 2022, meeting in written form, and WHEREAS the Village Board has considered all comments received both verbally and in writing as part of the public hearing and throughout this process on the proposed Zoning Amendment, together with all other documents and correspondence which are a part of the record on this matter, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby issues and adopts the EAF Parts 2 and 3 Determination of Significance attached hereto, and adopts a Negative Declaration under SEQRA in connection with this action, and BE IT FURTHER RESOLVED that the Village Board makes the following findings regarding the applicability of the LWRP policies and the consistency of the Proposed Action with those policies and conditions of the LWRP which it found applicable: Policy 1A - 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. The Village Board found that this policy was applicable to the proposed action in that it includes a zoning modification which should be reviewed pursuant to this policy. The Board found the action is consistent with this policy as the proposed zoning amendment will result in residential development in this area which is consistent with the adopted goals and policies of the Village in the LWRP and Comprehensive Plan. Village Trustees Board Meeting March 7, 2022 Policy 5A - When feasible, development within the Village should be directed within the current service area of existing water and sewer facilities or in close proximity to areas where distribution lines currently exist. The Village Board found that this policy is applicable and that the proposed action is consistent and complies with this policy as it directs development within the North End Gateway area within the service area of existing water facilities and that although public sewer is not available, adequate septic systems can be provided and would be appropriate. Policy 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. The Village Board found that this policy is applicable and that the proposed action will comply with and be consistent with the proposed policy. The Property is located along a section of Albany Post Road which has sufficient sight distance and capacity. 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, including the Zoning Amendment and proposed development, complies with the policy standards and conditions set forth in the Village’s LWRP, and BE IT FURTHER RESOLVED that the Village Board of the Village of Croton-on- Hudson hereby adopts Local Law Introductory No. 2 of 2022 to amend Chapter 230, Zoning, of the Code of the Village of Croton-on-Hudson to establish Use and Bulk/Area Regulations pertaining to the North End Gateway District, which upon adoption becomes Local Law No. 3 of 2022. Village Trustees Board Meeting March 7, 2022 Trustee Gallelli stated that this is one of the commercial “Gateways” that did not have any Bulk/Area Regulations and believes that what is being adopted is very suitable for the area. Resolution #30 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 Volunteer Fire Department Length of Service Award Program was approved by referendum in 2003, and WHEREAS Article 11-A of the New York State General Municipal Law requires that the list of Fire Department members indicating those who earned a year of service credit during the calendar year, those that did not earn a year of credit, and those who waived participation must be certified under oath by the Fire Department, and WHEREAS, once certified, this list must be approved by the Village Board and posted for 30 days, NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby approves the list for 2021 and authorizes its posting for 30 days. Mayor Pugh stated that the volunteer Fire Department has existed longer than the Village, the LOSAP Program has existed for almost twenty years and is an important reinforcement to help keep it strong. Resolution #31 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 5-0 Vote. WHEREAS Local Law No. 3 of 2003 was approved at a regular Village Board Meeting held on October 7, 2003, and Village Trustees Board Meeting March 7, 2022 WHEREAS this Local Law called for the setting of Village fees through Board Resolutions, and WHEREAS the Recreation Department has recommended increasing the fees for summer camp due to the increasing cost of supplies and minimum wage, NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby adopts the following camp fees for 2022: Tiny Tots - Half Day Village Resident Rates: Session I, ~ 1st child $225.00 Session I, ~ Sibling Discount $215.00 Session II or III - 1st child $250.00 Session II or III - Sibling Discount $240.00 Full Season ~ 1st child $550.00 Full Season ~ Sibling Discount $525.00 Non-Resident Rates: Session I ~ 1st child $290.00 Session I, ~ Sibling Discount $270.00 Session II or III - 1st child $305.00 Session II or III - Sibling Discount $295.00 Full Season ~ 1st child $655.00 Full Season ~ Sibling Discount $620.00 Village Day Camp Village Resident Rates: Session I, ~ 1st child $360.00 Session I, ~ Sibling Discount $340.00 Session II or III - 1st child $385.00 Session II or III - Sibling Discount $365.00 Full Season ~ 1st child $945.00 Full Season ~ Sibling Discount $890.00 Non-Resident Rates: Session I ~ 1st child $435.00 Session I, ~ Sibling Discount $425.00 Session II or III - 1st child $460.00 Session II or III - Sibling Discount $450.00 Full Season ~ 1st child $1,085.00 Full Season ~ Sibling Discount $1,045.00 Village Trustees Board Meeting March 7, 2022 DISCUSSION: Trustee Simon stated that the bulk of the increases are in the five to ten dollar range and as indicated by the Department, it has been a while since the rates increased and with inflation, he believes these are appropriate. Village Manager Healy stated that we did not have camp in 2020 and last summer we were limited in the number of children we were allowed to take, this year our Director will need to hire a full compliment of staff and these small increases will help cover the costs of the increases in supplies and wages for camp counselors. Resolution #32 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 Ibrahim Jamal, the property owner of 1216 Albany Post Road, Croton- on-Hudson, is desirous of connecting to the sanitary sewer system, and WHEREAS a wastewater collection and pumping system will be installed on the property that will connect to the Village’s sanitary sewer system force main and then into the Ossining Sanitary Sewer system, and WHEREAS the parties wish to set forth their agreement as to the rights and obligations of each of the parties with respect to the wastewater collection and pumping system on said property, NOW THEREFORE BE IT RESOLVED: that the Board of Trustees hereby authorizes the Village Manager to sign the Sewer Connection Agreement with Ibrahim Jamal to connect the property located at 1216 Albany Post Road to the Village’s sanitary sewer system. Village Attorney Whitehead stated that one of the reasons why we need an Agreement is because this is a forced main system with a pump and the Village has Village Trustees Board Meeting March 7, 2022 requirements to ensure that if there are any pump failures, protocols are in place to protect the Village’s system. Resolution #33 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 fence surrounding the Dog Park located at Black Rock Park was damaged during Hurricane Ida, and WHEREAS the Village contracted Campanella Fence in Mahopac to repair the fence in September of 2021 at a cost of $5,115.19, and WHEREAS funding for this expense was not included in the 2021-2022 General Fund budget, NOW THEREFORE BE IT RESOLVED that the Village Board hereby authorizes the Village Treasurer to transfer $5,115.19 from Contingency Account #A1990.4000 to the following accounts: #A7110.4000 – Parks - Contractual: $ 5,115.19 DISCUSSION: Village Manager Healy explained that this was done through an emergency process, our insurance company had denied the claim and it was paid through the Parks Line, we are now moving the funds to reimburse that line through our Contingency account. 7. PUBLIC COMMENTS ON NON AGENDA ITEMS Ed Riely, 110 Truesdale Drive Croton on Hudson, stated that the sign on Albany Post Road that says “Municipal Building” should be moved and be placed at the bottom of Brook Street. Mr. Riely also stated that he feels the Village has too much signed and addressed other issues that do not pertain to Village business. To hear those comments, you may log onto the following: https://play.champds.com/crotononhudsonny/event/745 8. REPORTS: Village Trustees Board Meeting March 7, 2022 Trustee Rosales advised that the Police Advisory Committee will be holding a Town Meeting on March 15th; flyers have been distributed throughout the community and is on our Facebook page as well. Trustee Simon advised that he and Trustee Gallelli met with new Town of Cortlandt Board member Robert Mayes and talked about our Croton/Cortlandt partnership, members of the Westchester Municipal Officials Association met with our area Assembly delegation on February 23rd to go over priorities for the region, on March 3rd he attended a meeting with the Hudson Valley Chamber in Peekskill, met with Geoff Hamilton and Halle Clarke at the Black Rock Dog Park, they have come up with some recommendations that he will forward to the Village Manager. Trustee Gallelli stated that the Police Advisory Committee meeting can be viewed on channel 78, information regarding sending in email questions can be found on the Village Website, the Village of Croton will be hosting the next Westchester Municipal Officials Association meeting this Thursday evening. Trustee Horowitz advised that Earth Day will be returning on Saturday, April 30th, 10:00am to 3:00pm at Senasqua Park, the next Green Living Series will be held on March 24th via zoom; Dr. J. Stephen Gosnell will discuss the history of oysters in New York, Bruce Laemmel will discuss composting, Fiona Mitchell and Filippine de Haan will be explaining how Pollinator Pathways got started, this Saturday, March 12th, the “Croton Litter Education Advocacy Neighborhood Initiative” (C.L.E.A.N.,) will be gathering at Croton Point Park, near Half Moon Bay to work with the Westchester Parks Foundation for a litter and beach cleanup, the Diversity and Inclusion Committee's discussion group presented an introduction to the book “1619” at the March 1st zoom meeting, the second session will take place on April 5th. To register for the program please go to coh.di.committee@gmail.com. Mayor Pugh advised that at the conclusion of the Regular Meeting, the Board will enter into an “Advice of Counsel” session. Village Trustees Board Meeting March 7, 2022 Mayor Pugh appointed Ratna Bindra and Katherine Randel as Co-Chairs of the Diversity and Inclusion Committee. Village Manager Healy stated that “Summerfest” has tentatively been scheduled for the first Sunday in June and asked the Board if they are in support of holding “Summerfest” this year. The consensus of the Board was to support holding “Summerfest” this year. Village Manager Healy advised that “Vietnam Veterans Day” will be held March 29th at 1:30pm at the Harmon Firehouse. Village Manager Healy advised that he had a discussion with Judge Watkins regarding the handicap sur-charge, and confirms that the $15.00 sur-charge would come to the Village, not to the Town. Village Manager Healy stated that they had asked for an opinion from the Westchester County District Attorney’s Office as to the proposed consolidation of the Court and they stated that, “in general concept, they are supportive of all consolidations as it frees up additional time for their limited staff to focus on victims rather than travelling to different locations for different court sessions.” Village Manager Healy advised that the Tax Lien Sale is scheduled for March 17th, there are still twenty one parcels that remain unpaid, slightly more than a third of them are “dockominiums” and the remainder are actual pieces of land. Village Manager Healy explained that the docks at the Half Moon Bay marina are taxable parcels, and each owner of a dock receives a tax bill from the Village, but because it is not an actual residence, we have had an issue reaching out to some of those owners. Village Manager Healy advised that the Budget Hearing will be held on March 28th, the Budget will be filed with the Village Clerk on March 18th. 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 Rosales and approved with a 5-0 vote. Meeting adjourned at 7:58pm. Village Trustees Board Meeting March 7, 2022 Judy Weintraub, Board Secretary _______________________ Paula DiSanto, Village Clerk