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minutes 32 pages

Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, May 16, 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 Attorney Whitehead 1. CALL TO ORDER Mayor Pugh called the meeting to order at 7:00pm. Everyone joined in the Pledge of Allegiance. Trustee Gallelli made a motion to approve the following Fiscal Year Vouchers. The motion was seconded by Trustee Simon and approved with a 5-0 Vote. $86,987.07 Water Fund $3,907.46 Sewer Fund $6,425.36 Capital Fund $20,604.45 Trust Fund $4,130.80 3. PRESENTATION OF “New York Conference of Mayor’s” (NYCOM) SERVICE AWARDS Mayor Pugh acknowledged the following employees awarded “Service Awards” from the “New York Conference of Mayors”: John Nikitopoulos 35 years of service, Daniel Turner 30 years of service and Lynn Sorensen 25 years. 4. LWRP CONSISTENCY REVIEW – Van Cortlandt Manor Improvements WAC RESPONSE BOARD RESPONSE Policy DEVELOPMENT POLICIES Applicable Yes/No Consistent Yes/No Applicable Yes/No Consistent Yes/No Comments Restore, revitalize, and redevelop deteriorated and underutilized waterfront Yes Yes Yes Yes Board Concurred Mayor Pugh Trustee Gallelli Village Manager Bryan Healy Trustee Horowitz Village Treasurer Tucker Trustee Rosales Trustee Simon Village Trustees Board Meeting May 16, 2022 areas for commercial, industrial, cultural, recreational and other compatible uses 1A Existing planning and zoning documents should be reviewed and amended where necessary to ensure development within the community is consistent with adopted goals and policies No No 1B Redevelop and revitalize Village owned land at the Metro North Train Station, including Village garage and bay area. accessory uses of Metro North Train Station, while facilitating public access to bay area and recreational use. No 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 River and Bay by further enforcing the parameters that regulate boat traffic such a speed, turbidity, safety, and mooring and sludge disposal. Such controls will further increase the compatibility of power boat use with other forms of recreation use within the coastal zone area. No No 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 No No Village Trustees Board Meeting May 16, 2022 applicable to Croton. 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. No No 5B The extension of water and sewer distribution lines beyond areas currently served should be undertaken cautiously and with prudent regard for Village water resources and the preservation of environmental values in undeveloped areas. No No 5C Limit proposed development within those portions of the coastal zone boundary area, where traffic impacts such as site distance and carrying capacity of the roadways are restricted, particularly along Route 9A, Albany Post Road and Route 129. No No 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 activities. No No FISH & WILDLIFE POLICIES Significant coastal fish and wildlife habitats will be protected, preserved, and, where practical, restored so as to maintain their viability as habitats. Yes Yes Yes Yes Board Concurred 7A The quality of the Croton River and Bay significant fish and wildlife habitat and Haverstraw Bay significant fish and wildlife habitat shall be protected and improved for conservation, economic, aesthetic, recreational, and other public uses and values. Its resources shall be protected from the threat of pollution, misuse, and Yes Yes Yes Yes Board Concurred Village Trustees Board Meeting May 16, 2022 mismanagement. 7B Materials that can degrade water quality and degrade or destroy the ecological system of the Croton River and Bay significant fish and wildlife habitat and the Haverstraw Bay significant fish and wildlife habitat shall not be disposed of or allowed to drain in, or on land within, the area of influence in the significant fish and wildlife habitats. Yes Yes Yes Yes Board Concurred 7C Storage of materials that can degrade water quality and degrade or destroy the ecological system of the Croton River and Bay significant fish and wildlife habitat or Haverstraw Bay significant fish and wildlife habitat shall not be permitted within the area of influence of the habitat unless best available technology is used to prevent adverse impacts to the habitat. Yes Yes Yes Yes Board Concurred 7D Restoration of degraded ecological elements of the Croton River and Bay and Haverstraw Bay significant fish and wildlife habitats and shore lands shall be included in any programs for cleanup of any adjacent toxic and hazardous waste sites. Yes Yes Yes Yes Board Concurred 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. Yes Yes Yes Yes Board Concurred 7F Construction activity of any kind must not cause a measurable increase in erosion or flooding at the site of such activity, or impact other locations. Construction activity shall be timed so that spawning of anadromous fish species and shellfish will not be adversely affected. Yes Yes Yes Yes Board Concurred 7G Such activities must not cause degradation of water quality or impact identified significant fish and wildlife habitats Yes Yes Yes Yes Board Concurred 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 No No Village Trustees Board Meeting May 16, 2022 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. 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 resources and considers other activities dependent on them. No No FLOODING & EROSION POLICIES Buildings and other structures will be sited in the coastal area so as to minimize damage to property and the endangering of human lives caused by flooding and erosion Yes Yes Yes Yes Board Concurred 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 Yes Yes Yes Yes Board Concurred Village Trustees Board Meeting May 16, 2022 controlling the design, construction, use and maintenance of any development or other activity which disturbs or breaks the topsoil or results in earth movement. 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 of such activities or development, or at other locations. Yes Yes Yes Yes Board Concurred Mining, excavation or dredging in coastal waters shall not significantly interfere with the natural coastal processes which supply beach materials to land adjacent to such waters and shall be undertaken in a manner which will not cause an increase in erosion of such land. No 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 No No Village Trustees Board Meeting May 16, 2022 able to function, or existing development; and only where the public benefits outweigh the long term monetary and other costs including the potential for increasing erosion and adverse effects on natural protective features 16A Public funds shall be appropriated for the yearly maintenance of Senasqua Park until such time that is determined that expenditure of funds outweighs the cost of acquiring, constructing and maintaining a similar public park on Croton's waterfront. No 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 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 No No Village Trustees Board Meeting May 16, 2022 undeveloped and underutilized land as well as along previously developed land. 19B Increase physical access to areas that have specific value for their physical and visual access to the Hudson River or Croton River and Bay. No 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 opportunities of the coast can be provided by new or existing public transportation services and to those areas where the use of the shore is severely restricted by existing development. No No 21A Boating activities should be encouraged provided that they do not restrict other recreational opportunities and are undertaken in a manner compatible with existing water- dependent uses. No 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 No No Village Trustees Board Meeting May 16, 2022 light reasonably anticipated demand for such activities and the primary purpose of the development 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. Yes Yes Yes Yes Board Concurred 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 resources; and (ii) the addition of structures which because of siting scale will reduce identified views or which because of scale, form, or materials will diminish the scenic quality of an identified resource. No No 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 No No Village Trustees Board Meeting May 16, 2022 resources or views of or from the Hudson and Croton Rivers 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 substances, into coastal waters will conform to state and national water quality standards. No No 30A Existing rail services and transportation- related facilities shall not dispose any materials in coastal waters until such materials have been tested by the state for conformance with water quality standards. No 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 No No Village Trustees Board Meeting May 16, 2022 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. 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. Yes Yes Yes Yes Board Concurred 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 Yes Yes Yes Yes Board Concurred 33B Improve existing Village storm water discharge to control flow of pollutants from street and parking areas, etc. directly in the rivers. No No Discharge of waste into coastal waters from vessels will be limited so as to protect significant fish and wildlife habitats, recreational areas and water supply areas. No 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, No No Village Trustees Board Meeting May 16, 2022 important agricultural lands, and wetlands. 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. Yes Yes Yes Yes Board Concurred 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. Yes Yes Yes Yes Board Concurred 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 storers of hazardous material to inform the public or allow public access to records involving the transport, storage, treatment and disposal of hazardous materials. This is of particular concern with respect to rail transport of such materials, storage of identified materials on railroad property and uses in the waterfront area involved in the treatment, storage and disposal of such materials. No No 39B In accordance with Title III, Section 302, Emergency Planning and Community Right-to- Know of the 1986 Superfund No No Village Trustees Board Meeting May 16, 2022 Reauthorization Act, the local emergency planning committee and the Croton Fire Department shall be notified if hazardous substances exceed the established threshold planning quantity 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. Yes Yes Yes Yes Board Concurred 44A Wetlands, water bodies and watercourses shall be protected by preventing damage from erosion or siltation, minimizing disturbance, preserving natural habitats and protecting against flood and pollution. Yes Yes Yes Yes Board Concurred 5. RESPONSES TO QUESTIONS SUBMITTED BY E-MAIL- none 6. CORRESPONDENCE Village Trustees Board Meeting May 16, 2022 a. Lead Agency Notification from the Town of Cortlandt regarding “Site Plan Approval” and “Special Permit” application regarding the Danish Home for the Aged property. https://play.champds.com/ATT/crotononhudsonny/2022- 05/0b0a3f30625ca4d4f1f57262fbffb29e32c018cb.pdf Mayor Pugh stated that in light of the increase in the positivity rate in Westchester County, the New York State Department of Health is recommending wearing masks in doors. Mayor Pugh opened a discussion of whether to continue to meet in person or switch to Zoom meetings. Trustee Simon stated that he supports meeting in person but to either require or encourage wearing masks. Trustee Gallelli concurred with Trustee Simon and supports in person meetings at this time, she believes that masks do provide helpful protection and recommended that we not only ask the Board to wear them but participants as well. Trustee Horowitz asked if the Board could make wearing masks mandatory at meetings. Village Manager Healy stated that he believes encouraging mask wearing is the appropriate way to go at this point, and feels that all our Boards should be on the same page since it would be confusing if one Board required it, and another did not and does not recommend leaving it up to each individual Boards. Village Attorney Whitehead (via a text message to Manager Healy) stated that after June 8th we will be required to meet in person unless the Village goes through the process of adopting a Local Law that says that we can do hybrid meetings. Village Trustees Board Meeting May 16, 2022 Trustee Simon stated that he supports the recommendation as indicated on the signage at Village Hall that due to Westchester County’s rise in Covid transmission numbers, masks are recommended. Mayor Pugh asked that we update the community on this as well as other Covid guidance as it relates to receiving boosters, accessing anti-viral medications, and obtaining masks and testing kits. 7. PUBLIC COMMENTS ON AGENDA ITEMS: None 8. RESOLUTIONS: Resolution #60 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 on April 29, 2021, the Village of Croton-on-Hudson advertised Bid 01- 2021 for tree trimming and removal services, and WHEREAS on May 17, 2021, the Village Board authorized the acceptance of the bid from Golden’s Tree Service of Montrose, New York, at the rate of $2,350 per day, consisting of a work crew of three and equipment, and WHEREAS Frank Balbi, Superintendent of Public Works, recommends extending the contract by one year in accordance with the terms outlined in the bid, NOW THEREFORE BE IT RESOLVED that the Board of Trustees hereby authorizes the Village Manager to award the contract for tree trimming and removal services to Golden’s Tree Service of Montrose, New York, for a one-year extension beginning June 1, 2022, through May 31, 2023. Resolution #61 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. Village Trustees Board Meeting May 16, 2022 WHEREAS the Village would like to amend Chapter 223 of the Village Code, Water, to update procedures regarding water service connections and meter installation and charges, and WHEREAS the Village Board of Trustees is considering the adoption of Local Law Introductory No. 6 of 2022, which has been drafted for such purposes, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby calls for a Public Hearing on June 6, 2022, at 7 PM to consider Local Law Introductory No. 6 of 2022 to amend Chapter 223 of the Village Code, Water, to update procedures regarding water service connections and meter installation and charges; and BE IT FURTHER RESOLVED that such Public Hearing shall be held in the Georgianna Grant Meeting Room of the Stanley H. Kellerhouse Municipal Building, 1 Van Wyck Street, Croton-on-Hudson, New York 10520. Resolution #62 of 2022 On motion of TRUSTEE HOROWTIZ, 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 amend Chapter 86 of the Village Code, Building Construction, to institute the NYStretch Energy Code, and WHEREAS the Village Planning Board and Village Sustainability Committee have both endorsed the adoption of this local law, and WHEREAS the Village Board of Trustees is considering the adoption of Local Law Introductory No. 7 of 2022, which has been drafted for such purposes, and WHEREAS the Village has completed Part of the Short Environmental Assessment Form (EAF) and a Coastal Assessment Form (CAF), NOW THEREFORE BE IT RESOLVED AS FOLLOWS: 1. The Village Board hereby determines that the Proposed Action is an Unlisted Action. Village Trustees Board Meeting May 16, 2022 2. The Village Board hereby declares itself to be the Lead Agency for SEQRA purposes in connection with the Proposed Action. 3. The Village Board hereby issues the EAF and CAF which it has before it in connection with the Proposed Action. 4. The Village Board hereby refers the Draft Law, the EAF and the CAF to the Village Waterfront Advisory Committee for a recommendation back to the Village Board in accordance with Village Law. 5. The Village Board hereby directs Village staff to make any other circulations and notifications regarding the Proposed Action as may be required by law. AND BE IT FURTHER RESOLVED that the Village Board of Trustees hereby calls for a Public Hearing on June 6, 2022, at 7 PM to consider Local Law Introductory No. 7 of 2022 to amend Chapter 86 of the Village Code, Building Construction, to institute the NYStretch Energy Code, and BE IT FURTHER RESOLVED that such Public Hearing shall be held in the Georgianna Grant Meeting Room of the Stanley H. Kellerhouse Municipal Building, 1 Van Wyck Street, Croton-on-Hudson, New York 10520. Resolution #63 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 amend various Chapters of the Village Code to update provisions related to fees, and WHEREAS the Village Board of Trustees is considering the adoption of Local Law Introductory No. 8 of 2022, which has been drafted for such purposes, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby calls for a Public Hearing on June 21, 2022, at 7 PM to consider Local Law Introductory No. 8 of 2022 to amend various Chapters of the Village Code to update provisions related to fees, and Village Trustees Board Meeting May 16, 2022 BE IT FURTHER RESOLVED that such Public Hearing shall be held in the Georgianna Grant Meeting Room of the Stanley H. Kellerhouse Municipal Building, 1 Van Wyck Street, Croton-on-Hudson, New York 10520. Resolution #64 of 2022 On motion of TRUSTEE HOROWTIZ, 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 amend Chapter 204, Taxation, of the Village Code to institute the volunteer firefighter and EMS tax exemption, and WHEREAS the Village Board of Trustees is considering the adoption of Local Law Introductory No. 9 of 2022, which has been drafted for such purposes, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby calls for a Public Hearing on June 21, 2022, at 7 PM to consider Local Law Introductory No. 9 of 2022 to amend Chapter 204, Taxation, of the Village Code to institute the volunteer firefighter and EMS tax exemption; and BE IT FURTHER RESOLVED that such Public Hearing shall be held in the Georgianna Grant Meeting Room of the Stanley H. Kellerhouse Municipal Building, 1 Van Wyck Street, Croton-on-Hudson, New York 10520. Trustee Simon stated that this improves the Tax Exemption for Firefighters by aligning us with the New York State Code and also adds EMS. Resolution #65 of 2022 On motion of TRUSTEE GALLELLI seconded by TRUSTEE HOROWTIZ 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 amend Chapter 230 of the Village Code, Zoning, to add provisions related to cannabis shops, and Village Trustees Board Meeting May 16, 2022 WHEREAS the Village Board of Trustees is considering the adoption of Local Law Introductory No. 5 of 2022, which has been drafted for such purposes, and WHEREAS on March 21, 2022, the Village Board of Trustees declared itself Lead Agency for SEQRA purposes in relation to the Proposed Action; and WHEREAS on May 3, 2022, the Village Board of Trustees undertook the process and review described in detail in Parts 2 and 3 of the EAF “Determination of Significance” attached hereto; and WHEREAS the Village Board has received a recommendation of consistency from the Waterfront Advisory Committee with the Village’s Local Waterfront Revitalization Program; and WHEREAS the Village Board must make its own determination of consistency with the LWRP policy standards and conditions, and WHEREAS on May 3, 2022, the Village Board reviewed the LWRP policy standards and conditions, 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 pursuant to SEQRA in connection with this action, AND BE IT FURTHER RESOLVED that the Village Board of Trustees hereby finds that no LWRP policies are applicable to the Proposed Action, AND BE IT FURTHER RESOLVED as follows: Based upon the above, the Village Board of Trustees confirms its determination that the Proposed Action, the adoption of Local Law Introductory No. 5 of 2022 to amend Chapter 230 of the Village Code, Zoning, to add provisions related to cannabis shops, complies with the policy standards and conditions set forth in the Village’s LWRP. Resolution #66 of 2022 Village Trustees Board Meeting May 16, 2022 On motion of TRUSTEE SIMON, seconded by TRUSTEE HOROWITZ, the following resolution was adopted by the Board of Trustees of the Village of Croton-on- Hudson, New York, with a 5-0 vote. WHEREAS the Village would like to amend Chapter 230 of the Village Code, Zoning, to add provisions related to cannabis shops, and WHEREAS the Village Board of Trustees is considering the adoption of Local Law Introductory No. 5 of 2022, which has been drafted for such purposes, and WHEREAS on April 18, 2022, a Public Hearing was opened and closed, and WHEREAS on May 3, 2022, the Village Board conducted its LWRP Consistency Review and completed the SEQRA EAF Part II, and WHEREAS on May 16, 2022, the Village Board adopted a resolution of consistency with the LWRP and a Negative Declaration in accordance with SEQRA, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby adopts Local Law Introductory No. 5 of 2022 to amend Chapter 230 of the Village Code, Zoning, to add provisions related to cannabis shops, which upon adoption becomes Local Law No. 5 of 2022. DISCUSSION Trustee Simon stated that this clarifies the Village’s Zoning with respect to any potential Cannabis shops making it clear that they are not near schools and houses of worship and gets the Village where it needs to be with respect to the potential future of retail sales of Cannabis. Trustee Gallelli advised that the 500 foot distance from school grounds and nursery schools as well as the 200 feet from places of worship are included in the New York State Law, what we are adding is a prohibition of a Cannabis Dispensary within 500 feet of another Cannabis Dispensary within the Village. Resolution #67 of 2022 Village Trustees Board Meeting May 16, 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 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 Department of Public Works currently picks up refuse from certain properties twice a week due to their volume, and WHEREAS most of these establishments are commercial in nature, which has a fee structure currently in place, and WHEREAS the Village wishes to establish a fee for sanitation pickup for multi- residential complexes in the Village, and NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby amends the 2022-2023 Master Fee Schedule as follows: Multi-Residential Complex Sanitation Pickup (50+ units) $400/month Student Film Permit No Fee Resolution #68 of 2022 On motion of TRUSTEE HOROWTIZ, 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 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 Village Trustees Board Meeting May 16, 2022 WHEREAS this list was approved by the Village Board at its meeting of March 7, 2022, and posted for 30 days, and WHEREAS the Mayor must sign off on the final list to be submitted to the program administrator, Penflex, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby authorizes the Mayor to execute the Sponsor Authorization Form for the Croton-on- Hudson Fire Department Length of Service Award Program for 2021. Resolution #69 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 has received a request from Camp Nabby of Mohegan Lake, New York, to use a portion of Lot A at the Croton-Harmon Train Station Parking Lot, and WHEREAS the use of the parking lot shall be limited to 15 minutes each in the morning and the afternoon for the drop-off and pick-up of campers, and WHEREAS Camp Nabby has agreed to pay $25 per day, or $960 for the camp season, for use of the parking lot, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby authorize the Village Manager to execute the agreement with Camp Nabby to authorize the use of a portion of Lot A at the Croton-Harmon Train Station Parking Lot in the amount of $960 for the period beginning June 27, 2022, through August 18, 2022. Resolution #70 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. Village Trustees Board Meeting May 16, 2022 WHEREAS the Village received a request for consistency review with the Local Waterfront Revitalization Program (LWRP) from the New York State Department of Environmental Conservation regarding site improvements at Van Cortlandt Manor (525 South Riverside Avenue), and WHEREAS on April 25, 2022, the Village Board referred the request to the Waterfront Advisory Committee, and WHEREAS the Village Board has received a recommendation of consistency from the Waterfront Advisory Committee, and WHEREAS the Village Board must make its own determination of consistency with the LWRP policy standards and condition, and WHEREAS on May 16, 2022, the Village Board reviewed the LWRP policy standards and conditions, NOW THEREFORE BE IT RESOLVED, as follows: The Village Board of Trustees found the following LWRP policies to be applicable and finds the Proposed Action to be consistent with each of these applicable policies: POLICY 1: Restore, revitalize, and redevelop deteriorated and underutilized waterfront areas for commercial, industrial, cultural, recreational and other compatible uses. POLICY 7: Significant coastal fish and wildlife habitats will be protected, preserved, and, where practical, restored so as to maintain their viability as habitats. POLICY 7A: The quality of the Croton River and Bay significant fish and wildlife habitat and Haverstraw Bay significant fish and wildlife habitat shall be protected and improved for conservation, economic, aesthetic, recreational, and other public uses and values. Its resources shall be protected from the threat of pollution, misuse, and mismanagement. POLICY 7B: Materials that can degrade water quality and degrade or destroy the ecological system of the Croton River and Bay significant fish and wildlife habitat and the Haverstraw Bay significant fish and wildlife habitat shall not Village Trustees Board Meeting May 16, 2022 be disposed of or allowed to drain in, or on land within, the area of influence in the significant fish and wildlife habitats. POLICY 7C: Storage of materials that can degrade water quality and degrade or destroy the ecological system of the Croton River and Bay significant fish and wildlife habitat or Haverstraw Bay significant fish and wildlife habitat shall not be permitted within the area of influence of the habitat unless best available technology is used to prevent adverse impacts to the habitat. POLICY 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. POLICY 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. POLICY 7F: Construction activity of any kind must not cause a measurable increase in erosion or flooding at the site of such activity, or impact other locations. Construction activity shall be timed so that spawning of anadromous fish species and shellfish will not be adversely affected. POLICY 7G: Such activities must not cause degradation of water quality or impact identified significant fish and wildlife habitats. POLICY 11: Buildings and other structures will be sited in the coastal area so as to minimize damage to property and the endangering of human lives caused by flooding and erosion. POLICY 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. POLICY 14: Activities and development, including the construction or reconstruction of erosion protection structures, shall be undertaken so that Village Trustees Board Meeting May 16, 2022 there will be no measurable increase in erosion or flooding at the site of such activities or development, or at other locations. POLICY 23: Protect, enhance and restore structures, districts, areas of sites that are of significance in the history, architecture, archaeology or culture of the state, its community or the nation. POLICY 33: Best Management Practices will be used to ensure the control of stormwater runoff and combined sewer overflows draining into coastal waters. POLICY 33A: Encourage new developments to retain stormwater runoff on site so as to not increase flows within the existing system or to improve existing stormwater runoff systems so that runoff from such developments does not adversely impact coastal waters. POLICY 37: Best Management Practices will be utilized to minimize the non- point discharge of excess nutrients, organics and eroded soils into coastal waters. POLICY 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. POLICY 44: Preserve and protect tidal and freshwater wetlands and preserve the benefits derived from these areas. POLICY 44A: Wetlands, water bodies and watercourses shall be protected by preventing damage from erosion or siltation, minimizing disturbance, preserving natural habitats and protecting against flood and pollution. The remaining policies and conditions of the LWRP not specifically discussed above were reviewed and found not to be applicable. Resolution #71 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. Village Trustees Board Meeting May 16, 2022 WHEREAS the Village of Croton-on-Hudson has contracted with SeamlessDocs of New York, New York, to host the Village’s online forms for the Recreation Department, Village Clerk’s Office and Village Treasurer’s Office, and WHEREAS SeamlessDocs also accepts online payments through a third-party platform for the Recreation Department and Village Clerk’s Office, and WHEREAS being able to accept forms and payments online has been vital during the COVID-19 pandemic, and WHEREAS a renewal agreement has been submitted to the Village for the period of June 1, 2022, through May 31, 2023, at a cost of $4,180, NOW THEREFORE BE IT RESOLVED that the Village Manager is authorized to execute the renewal agreement with SeamlessDocs for the period of June 1, 2022, through May 31, 2023, at a cost of $4,180; and BE IT FURTHER RESOLVED that funding for such agreement is available in A6410.4000. Resolution #72 of 2022 On motion of TRUSTEE HOROWITZ, seconded by TRUSTEE GALLELLI, the following resolution was adopted by the Board of Trustees of the Village of Croton-on- Hudson, New York, with 5-0 vote. WHEREAS the Village DPW provides recycling bins free of charge to residents to encourage the recycling of cardboard and commingled materials, and WHEREAS the red recycling bins, used for commingled items, have been out-of- stock for a long period of time, and WHEREAS there is currently a waiting list for residents to receive the red recycling bins, and WHEREAS the red recycling bins have recently been restocked by the manufacturer and are available for purchase, and WHEREAS the estimated cost of purchasing these items is $5,140, and Village Trustees Board Meeting May 16, 2022 WHEREAS the total funding for this purchase 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 make the following interfund transfers: A8090.4000 – Recycling – Contractual $5,140 Decrease A5110.4000 – Street Maintenance – Contractual $4,000 A5110.4200 – Street Maintenance – Supplies $1,140 Resolution #73 of 2022 On motion of TRUSTEE GALLELLI, seconded by TRUSTEE HOROWITZ, the following resolution was adopted by the Board of Trustees of the Village of Croton-on- Hudson, New York, with a 5-0 vote. WHEREAS the Village is seeking to replace its existing wayfinding signs, which have been weathered over a number of years, and WHEREAS the signs will also be updated to ensure visitors to the Village know where municipal parking exists, and WHEREAS the Department of Public Works is working with the Village’s Advisory Board for the Visual Environment on the design of the signs, and WHEREAS the estimated cost of purchasing the signs is $6,000, and WHEREAS the total funding for this purchase 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 $6,000 from Contingency Account A1990.4000 to the following account: A3310.4200 – Traffic Control - Supplies $6,000 Village Trustees Board Meeting May 16, 2022 DISCUSSION Trustee Gallelli stated that she and Trustee Simon spent some time working with the Upper Village businesses to find ways to help improve their businesses, one of the issues was parking and we are hoping that the added signage letting people know where to park will help. Resolution #74 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 call volume for Croton EMS is increasing each year, and WHEREAS many of these calls involve mental health patients and unknown situations at the Croton-Harmon Train Station, and WHEREAS Croton EMS currently does not possess protective vests for their members, and WHEREAS other emergency medical services agencies currently provide these vests to their members, including Ossining VAC, Cortlandt Community VAC and Pleasantville VAC, and WHEREAS the Village Board supports the work of our volunteer EMS members, and WHEREAS funding for this purchase 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 $8,400 from Contingency Account A1990.4000 to the following account: A4540.4260 – EMS – Uniforms & Equipment $8,400 Resolution #75 of 2022 Village Trustees Board Meeting May 16, 2022 On motion of Trustee GALLELLI and 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 Government Accounting Standards Board establishes a number of generally-accepted accounting principles which state and local governments must adhere to, and WHEREAS one such standard, GASB 34, includes a requirement that local governments periodically conduct an inventory of physical assets, and WHEREAS the Village Treasurer has received a proposal from Kroll LLC (formerly known as Duff & Phelps) of Morristown, New Jersey, for consulting services related to GASB 34 for the compiling of a fixed asset accounting ledger, and WHEREAS while the Board has previously approved this proposal on April 5, 2021, there has been a change in the pricing, necessitating its re-approval, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby authorizes the Village Manager to execute the proposal from Kroll LLC in the amount of $1,350 for the aforementioned consulting services for the fiscal year ending May 31, 2022. Resolution #76 of 2022 On motion of TRUSTEE HOROWITZ, seconded by TRUSTEE GALLELLI, the following resolution was adopted by the Board of Trustees of the Village of Croton-on- Hudson, New York, with a 5-0 vote. WHEREAS the Village DPW provides dumpsters for certain entities who have commercial pickup, and WHEREAS over time, these metal dumpsters have rotted/rusted and are no longer repairable, and Village Trustees Board Meeting May 16, 2022 WHEREAS DPW would like to purchase new plastic dumpsters, which will last longer and not be susceptible to as many problems, and WHEREAS the total funding for this purchase 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 make the following interfund transfers: A8090.4200 – Recycling – Supplies $3,200 Decrease A8160.4200 – Refuse Collection – Supplies $1,200 A5110.4200 – Street Maintenance – Supplies $2,000 9. PUBLIC COMMENTS ON NON AGENDA ITEMS none 10. APPROVAL OF MINUTES: Motion to approve the minutes of the Regular Meeting held on April 25, 2022, was made by Trustee Horowitz. Motion was seconded by Trustee Rosales and approved with a 5-0 vote. Motion to approve the minutes of the Work Session held on May 3, 2022, was made by Trustee Horowitz. Motion was seconded by Trustee Simon and approved with a 5-0 vote. Motion to approve the minutes of the Executive Session held on May 3, 2022, was made by Trustee Simon. Motion was seconded by Trustee Rosales and approved with a 5-0 vote. 11. REPORTS: Trustee Simon reminded everyone that the Candlelight Vigil for Ukraine will be held this Thursday evening at 6:00pm at Vassallo Park, the U.S. Department of Transportation has put out a new grant program called Village Trustees Board Meeting May 16, 2022 “Safe Roads and Streets”, on May 5th the Cannabis Board held a meeting, nothing new with respect to retail dispensaries but they almost doubled the number of growing licenses, hats off to the “Croton Business Council”, Village staff and businesses for a successful “Grub on Grand” event, attended the May 12th “Westchester Municipal Officials Association” meeting this past Thursday wherein a presentation was made by “Scenic Hudson” on environmental projects they are working on. Trustee Gallelli stated that she was sorry she was unable to attend the first “Grub on Grand”, she heard it was a very successful event and looks forward to attending future ones, the Village’s Summerfest will be held on June 5th, Westchester County will be holding the first of four of their Salute to Seniors this Wednesday at “Croton Point Park”, the Planning Board amended the “Site Plan” for the Yacht Club so they can expand their outdoor deck area, the Hudson National Golf Club is hoping to complete the swales on Prickly Pear Hill Road by the end of this week, Memorial Day Ceremony, sponsored by the Fox-Eklof American Legion Post will be held on Monday, May 30th. Trustee Gallelli advised that she received positive comments from two people who expressed their appreciation for work by individuals of our DPW that they had observed in their area; they were both very appreciative and she extended those nice comments to them. Trustee Horowitz advised that the Lorraine Hansberry Coalition will be celebrating her life on Saturday, May 21st, from 2-3pm, beginning at the historic Bethel Chapel and ending at her gravesite at Beth El Cemetery, For more information you may reach out to COH.DI.LHC@gmail.com. Trustee Horowitz advised that the Recreation Department has added fly fishing and gardening to their program schedule. Mayor Pugh appointed Daniel Tucker to the position of Village Treasurer, and made the following appointments to the Diversity and Inclusion Committee: Cristina Alvarez Arnold, Deslyn Dyer, Lusia Godoy, Maria Modica Snow and Michael Mui. Village Trustees Board Meeting May 16, 2022 Mayor Pugh thanked the Croton Business Council and all those who participated in “Grub on Grand”, thanked the “Friends of the Old Croton Aqueduct” for organizing “I Love My Park Day”, and this weekend the “Croton Free Library” will be holding their “Spring Book and Bake Sale”. Village Manager Healy advised that the Memorial Day ceremony will be held on Monday, May 30th at 11am at the Monument at Five Corners, if there is inclement weather the ceremony will be held in the gym at Holy Name of Mary Church, Village Tax Bills will be mailed the end of June and is pleased to announce that his new Assistant will be starting next week. There being no further business to come before the Board, a motion to close the meeting was made by Trustee Horowitz. Motion was seconded by Trustee Rosales and approved with a 5-0 vote. Meeting adjourned at 9:45pm Respectfully submitted, Judy Weintraub, Board Secretary _______________________ Paula DiSanto, Village Clerk