Regular Board Meeting
November 19, 2001
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, November 19, 2001 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.
The following officials were present:
Mayor Elliott Trustee Grant
Village Manager Herbek Trustee Harkins
Treasurer Reardon Trustee McCarthy
Village Attorney Waldman Trustee Wiegman
1. CALL TO ORDER:
Mayor Elliott called the meeting to order at 8:00p.m. Everyone joined in the Pledge of Allegiance.
Mayor Elliott announced and celebrated the fact that the Croton AYSO Boys Soccer Team had recently won the Sportsmanship Award at the National AYSO 2001 Annual Games held at West Point.
2. APPROVAL OF MINUTES:
Trustee Wiegman made a motion to approve the minutes of the Regular Board Meeting held on October 15, 2001 as corrected. Trustee Harkins seconded the motion. The Board voted as follows: Trustees Harkins, Wiegman and Mayor Elliott, “aye”; Trustees Grant and McCarthy “abstain”.
Trustee Wiegman made a motion to approve the minutes of the Special Board Meeting held on October 29, 2001 as corrected. Trustee Harkins seconded the motion. The Board voted unanimous approval.
Trustee Wiegman made a motion to approve the minutes of the Regular Board Meeting held on November 5, 2001 as corrected. Trustee McCarthy seconded the motion. The Board voted as follows: Trustees McCarthy, Harkins, Wiegman, Mayor Elliott “aye”, Trustee Grant “abstain”.
3. APPROVAL OF VOUCHERS:
Trustee Grant made a motion to approve the vouchers as follows, subject to review by the Audit Committee. The motion was seconded by Trustee Wiegman and approved unanimously.
General Fund $ 49,258.77
Water Fund 3,014.33
Capital Accounts 118,982.65
Trust & Agency 171,255.75
Two items were listed in error on the agenda as Public Hearings and were moved to the Resolutions portion of this meeting. No Public Hearing was held.
Village Manager Herbek read the following correspondence (full text available at the Village Office):
a) A letter from Ed Spector, O’Reilly Court, with a request to rename the Alexander Lane ball field to “David J. Manes Memorial Field.” Trustee Grant stated that Mr. Manes was voracious and tenacious to the credit of the kids that he worked so hard for so many years; he will be missed in Croton. Trustee Harkins stated that he will be missed indeed; he is in support of the name change and it has the support of both AYSO and the Croton Little League. Trustee McCarthy added that she, too, is in support of the name change and it will be a tribute to Mr. Manes who touched the lives of so many people. Mayor Elliott stated that Mr. Manes symbolized all that is right with youth programs. Village Manager Herbek will prepare a resolution to
rename the ball field as requested. Trustee Grant suggested everyone start referring to the field as the Manes field. Mr. Spector thanked everyone for putting this on the agenda tonight and read a prepared statement about the time, support and energy David Manes brought to the community.
A letter from the Dept. of State in response to the letter that was sent to Gov. Pataki regarding the proposed Millennium Pipeline project, stating that they are taking all items under evaluation.
Maria Cudequest addressed the resolutions on the agenda tonight, first, the resolution to consider the extension of the Temporary Special Permit for Allied Waste Industries, expressing her concern about posting this on the Village’s website as a Public Hearing that was in error and her concern that the Village was considering a renewal of the Permit without reviewing the federal monitor’s report. Mayor Elliott explained that it has been the Board’s policy that nothing would be decided before reviewing the monitor’s report. Trustee McCarthy added that this evening, a resolution was not put into the Board packet for a renewal, but for an extension of the temporary permit. Ms. Cudequest added there are many documented concerns about Allied Waste Industries from many sources and
quoted a news article from the Journal News dated August 4, 2001. Ms. Cudequest added that the “red flags” have been waving since day one and asked that this Board reject renewal of this permit; however, she does understand that the temporary permit must be extended.
Tom Brennan, North Riverside Avenue, thanked the Board for considering renaming the field after Mr. Manes; however, he would have liked to have seen a vote tonight. Mr. Brennan asked how the big sidewalk change in the middle of town came to fruition; he was shocked to see all the concrete being ripped up, and asked how much did the Village have to pay toward this replacement. Village Manager Herbek stated that they made an application about three years ago to the CDBG to do sidewalk work in the upper Village; a lot of mortar joints had become a problem because of the salting done over the years; many had come loose and had become a tripping hazard and trees were lifting up sidewalks in about half dozen locations. He added that instead of doing a patchwork job, the decision was made to do the entire
area; another part of the project is the Harrison Street playground which is being brought up to OSHA standards; the actual amount of money received will be more than half the cost of the projects; $255,000 was used from grant funds and the whole project was $386,000, not including the Park. Trustee Harkins stated that unfortunately, the way the grant was structured, they could not get the sidewalks without the playground. Mr. Brennan stated that his second issue is that the Village’s compost area becoming a transfer station is being considered and thinks this is a terrible decision and does not want another transfer station in the Village. Mr. Brennan added that the skateboard park should not be put on Rt. 9 and Riverside Avenue because children must cross these busy streets. Trustee McCarthy commented that the Recreation Dept. did an analysis and recommended the Seprieo Property, but proponents of the skateboard park said no to the Seprieo property, suggesting the Village’s
treatment property. Mayor Elliott added that the main concern was safety and distance and the Recreation Dept. recommended both the Seprieo property and the compost site. Trustee McCarthy added that the skateboard people preferred Vassallo Park, but that could not be accommodated, therefore, the sewage property was chosen, adding that sidewalks will be installed in the area. Mr. Brennan replied that the Board does not have to go along with an agenda proposed by someone who comes to the Board meeting and to put the skateboard park there does not seem to be reasonably thought out. Mr. Brennan had questions about MetroEnviro; adding he does not like people making fun of his home town; MetroEnviro is giving Croton a black eye because of the bad publicity. Mr. Brennan asked if anyone living in Croton works for the firm and is anyone getting the benefit out of this beside MetroEnviro. Mayor Elliott replied that they do not know if any resident works for the
company. Mr. Brennan asked about the over-tonnage violations and if any accountability has been held up and have they been penalized. Village Attorney Waldman replied that they lost 150 tons of potential business a day because the Board rejected their application to increase it to 1000 tons a day; this has caused considerable monetary penalty. Trustee McCarthy added that when the original 5 or 6 violations were discovered, Mr. Waldman wrote a letter telling MetroEnviro what they did wrong and the consequences; this might be considered a notice of violation; no further correspondence has been sent in respect to further violations and there is no accurate history of what is going on at this site. Mr. Brennan said that he is held accountable for every action, he wants every violation by MetroEnviro written down and wants an independent monitor to oversee the operation. Village Attorney Waldman stated that there will be a Village-level monitor that
MetroEnviro will be paying for, but the independent monitor is a Federal level decision.
Maria Cudequest added that the Village started with a skateboard park and is now proposing to sign an agreement with the County to open up a second transfer station in the Village; the company that Westchester County contracts with is the number one waste-hauler in the country -Waste Management. Ms. Cudequest quoted fines, penalties and law cases that Waste Management has been involvement in; she urged the Village to truck the leaves to an established area in Cortlandt and not enter into an agreement for a transfer station.
Mark Aarons asked if the Village has been able to negotiate within the County IMA agreement that required the 7 am to 3 pm work shift. Village Manager Herbek replied that yes, they can modify the Inter-municipal agreement as long as they do not change the over-all intent of the operation and the essence of the agreement. Mr. Herbek asked Jim Hogan, Director of Environmental Management for Westchester County, to attend tonight’s meeting to respond to questions. Trustee McCarthy asked Mr. Hogan if he knows of any municipality that has stricken this time provision and had it approved. Mr. Hogan stated that he would have to go back and look at the records. Mr. Aarons expressed his concerns about another transfer station in the Village and about the cost analysis not being done prior
to the work session. Mr. Aarons also suggested Mayor Elliott refrain from voting on this matter in order to avoid a possible conflict of interest due to a prior association he had with the American Wind Symphony Orchestra, whereby Waste Management contributed funds one season.
A1. On motion of Trustee Grant, seconded by Trustee Wiegman, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with the following vote: Trustees Grant, Harkins, Wiegman and Mayor Elliott “aye”; Trustee McCarthy, “abstain”.
WHEREAS, in a letter dated March 23, 2001, Zarin & Steinmetz, Attorneys at Law, on behalf of Allied Waste Industries, Inc., requested a renewal of their Special Permit which was due to expire on May 5, 2001; and
WHEREAS, at a special meeting of the Board of Trustees held on April 23, 2001, the Board of Trustees granted a sixty-day extension of the previous special permit in order to have time to consider the renewal of the Special Permit; and
WHEREAS, a Work Session was held on April 30, 2001 to discuss this matter; and
WHEREAS, a Public Hearing was held on May 7, 2001 to consider this matter; and
WHEREAS, on June 18, 2001, and again on September 4, 2001, the Board granted sixty-day extensions of the special permit, and
WHEREAS, the Board on October 29, 2001, further approved an extension of the special permit to November 19, 2001, and
WHEREAS, the Board, among other things, is now waiting for the final report from Walter Mack, the federally appointed monitor;
NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees does hereby grant another extension of the special permit to Allied Waste Industries until the end of the day on February 4, 2002; and
BE IT FURTHER RESOLVED that the Village Board of Trustees will further consider the matter of the special permit renewal to Allied Waste Industries on February 4, 2002.
Discussion: Trustee McCarthy had questions about the letter received from Mr. Steinmetz where it referred to sample bond and asked if they had the actual bond yet. Mr. Steinmetz stated that the DEC would not allow the Village to be co-obligee; they will have to provide an additional bond to the Village and the draft was sent to the Village for their consent to the wording; CNA does not have a closure bond, but they have a performance bond that is worded to include -extended for closure of MetroEnviro Transfer station per the Special Use Permit. Village Attorney Waldman stated that he would like to get the text of the DEC bond which would be helpful in analyzing the bond that has been extended to the Village. Trustee McCarthy added that she did not agree with the context of paragraph 1
of Page 2 of the Sample Performance Bond. Mr. Steinmetz stated that he agreed with her and will take it back to CNA. Trustee McCarthy added that there are other problems with this sample bond and unless the Village is listed on the bond, she doesn’t believe the Village is protected and has not been protected for a long time; she wanted to know what they will do from this day until the actual bond is provided to protect the Village. Mr. Steinmetz replied that he will write to the DEC with her concerns and his client will cooperate to satisfy the wording of the performance bond. Trustee McCarthy, referring to the $200,000 letter of credit, which Metro Enviro gave the DEC, stated that this still leaves the Village with a shortfall. Mr. Steinmetz replied that when this document is signed, CNA will back-date the bond to the date of the Special Permit. Trustee Harkins asked that the final performance bond be dated for the same term period as the
Special Permit, rather than one-year term to avoid any lapse in coverage. Mr. Steinmetz replied that this is a good point and will take it back to his client.
A2. Inter-municipal agreement with Westchester County. This resolution was held over to next Regular Board Meeting, pending revisions to the IMA.
Discussion: Village Manager Herbek explained the process of using the IMA with Westchester County for processing leaves, including the fact that certain parts of the IMA may be changed, if approved by the County, and the reasons for his recommendation of using this method. Mr. Herbek gave a cost analysis based on having an IMA or trucking the leaves using Village trucks and employees; he and Ken Kraft recommend the IMA as the most cost effective way to handle disposal of Village leaves for this one year. Jim Hogan was present to respond to questions. Trustee Harkins asked if it could be stipulated in the agreement that the Village does not wish to be a host community and would like to enter into this agreement through, perhaps, March 2002 and accept only Croton leaves. Mr. Hogan replied
that this can be done and the Village will be billed at the higher rate. Mr. Hogan added that the Village could make a determination if that site is capable of handling another municipalities material or not after a period of time and the Village would be entitled to a review process. Trustee McCarthy asked for a cost analysis to truck the leaves to Ossining against entering into an IMA with the County and also an explanation of how the figures given in the report tonight were estimated; she asked for further explanation of the costs of putting up and taking down the bins. Trustee Wiegman asked if there were items in the IMA that were sacrosanct and have other municipalities made changes. Mr. Hogan replied that there are certain areas that cannot be changed; about 20% of the IMA’s received for this program have had changes approved. Trustee Harkins stated that he is very willing to pay $9,000 extra to not put the Village at risk of opening
up another transfer station. Trustee Grant stated that she believes this is the most effective, efficient way of getting rid of the leaves and the Village will be out of the contract by the end of January. Mr. Hogan stated that in the spirit of this agreement, municipalities sometimes find that allowing local landscapers to utilize the site frequently leads to the Dept. of Public Works picking up less organic matter during normal pick up days. Trustee Grant stated that time is of the essence in this matter and would like the change in wording to be completed in time for the next work session. Mr. Hogan stated that as long as the trucks can get in and out of the site, the County has no problem continuing trucking the leaves until March.
On motion of TRUSTEE WIEGMAN, seconded by TRUSTEE GRANT, the following
resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York
WHEREAS, additional funds are needed to fund the Sanitary Sewer Replacement project for the Village’s sewer system which was over expended from the original scope of work amounting to $ 4,960.22; and
WHEREAS, funds to cover the additional cost exist in the General Fund Sewer account
(8120.400 ); and
WHEREAS, The Treasurer wishes to move those funds to the General Fund Transfer to Capital account ( 001-9953-0900 ), and amend the 2001-2002 Capital fund budget effecting the following accounts; and
Increase 3-8120.2089.0000.0000 by $ 4,960.22 ( Sewer Replacement )
Increase 3-0003.5031.0089.0000 by $ 4,960.22 ( Sewer Replacement )
Now Therefore be it resolved that the Village Treasurer is authorized amend the 2001 -2002 Capital Fund budget to reflect these changes.
c. On motion of TRUSTEE Wiegman, seconded by TRUSTEE Harkins, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with the following vote: Trustees McCarthy, Harkins, Wiegman and Mayor Elliott “aye”; Trustee Grant “nay”.
WHEREAS, additional funds are needed to fund the sidewalk improvement project account
( 3-5110.200.0102.0059 ) for the Village’s sidewalk incentive initiative in the amount of
$ 6,517.67 due to unanticipated curbing replacement costs; and
WHEREAS, funds to cover the additional cost exist in the Capital Fund Road Improvement account ( 3-5110.200.0102.0058 ); and
WHEREAS, The Treasurer wishes to move those funds to correct the overage in the Sidewalk Account, and to amend the 2001-2002 Capital fund budget effecting the following accounts; and
Increase 3-5110.0200.0102.0058 by $ 6,517.67 ( Sidewalks )
Increase 3-5113.0200.0102.0059 by $ 6,517.67 ( Roads )
Now Therefore be it resolved that the Village Treasurer amend the 2001 -2002 Capital Fund budget to reflect these changes.
d. On motion of Trustee Wiegman, seconded by Trustee Grant, the following resolution
was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with the following vote: Trustees Wiegman, McCarthy Grant, Mayor Elliott “aye”; Trustee Harkins, “nay”.
WHEREAS, the events of September 11th demonstrated to the world the vulnerability of the New York Metropolitan area to massive terrorist attack; and
WHEREAS, on September 11th, the two hijacked planes that crashed into the World Trade Center passed directly above the Indian Point Nuclear Plant, a facility containing two nuclear reactors. These reactors are protected by containment domes, the designs for which did not take into account the prospect of an attack by a large passenger jet; and
WHEREAS, in addition to the reactors, the spent fuel rods are stored at the Indian point facility in substantially less secure structures than the containment domes; and
WHEREAS, should Indian Point be the object of a terrorist attack, the impacts could far exceed that of September 11th, with 20 million people living within a fifty-mile fall-out zone; and
WHEREAS, this risk can readily be minimized by the shutting down of the Indian Point II nuclear facility and to take increased security measures in the storage of spent fuel rods; and
WHEREAS, the Village of Croton on Hudson is located within approximately six miles of Indian Point and any strike against this facility would have grave consequences for residents of the Village; and
WHEREAS, a coalition of environmental and civic groups, public health advocates and elected officials are joining forces by the filing of a petition with the Nuclear Regulatory Commission. This petition shall
1. call on the NRC to order an immediate shutdown of Indian Point and keep it closed until a full review of the plant’s vulnerability and safety systems, including evacuation measures, is conducted;
2. request the NRC to order an immediate transfer of the plant’s spent fuel rods from a wet pool to a dry casc system, a technology that significantly increases the security of the waste fuel and
3. seek an assessment of the feasibility of converting Indian Point to a gas-fired or combined cycle plant.
NOW THEREFORE BE IT RESOLVED: that the Village of Croton on Hudson hereby joins this coalition as co-petitioner and supports the efforts of the coalition to eliminate the horrific risks to the Village and the rest of the New York metro area associated with a terrorist attack; be it
FURTHER RESOLVED: that the Village Manager is authorized to execute any documents in furtherance of this application to the Nuclear Regulatory Commission.
Discussion: Village Manager Herbek stated that he has read resolutions from other municipalities. Mayor Elliott stated that other communities have passed similar resolutions; this Village has contacted elected officials at all levels with concerns; they have been dealing with the Village’s insurance carrier and, in addition, the NYS Conference of Mayors is sponsoring a meeting this week in NY City on this matter. Trustee Wiegman stated that the LWV has agreed to sponsor a forum at the High School auditorium, but there is an issue of sponsorship if the Village passes the resolution tonight, they cannot be a co-sponsor of the forum with the Village. Marsha McGraw, LWV, stated that they do not have a position on nuclear plants and if the Village takes a position, the LWV cannot be a
co-sponsor with the Village; because it the public would perceive that they agree with the Village’s position; they can help as moderators or assist with the format but the Village would have to get the panelists and a place to hold the forum. She added that the LWV has not been successful in getting a commitment from panelists and does not want to hold up the Village in going forward with issuing a resolution. Mayor Elliott stated that the ultimate object is to get as much information out to the public as possible. Village Manager Herbek stated that they are looking at a date of December 11th or 13th for the local forum; he has been in discussion with a number of people who wish to be involved; the Board must decide whether to pass the resolution tonight and not be a co-sponsor of the forum or not pass it tonight and be a co-sponsor with the LWV. Trustee Wiegman asked if there is any advantage to the forum if the League is a co-sponsor and if the
County people are being asked to participate in a number of programs, perhaps it would be better to join with other chapters in sponsoring the forum. Ms. McGraw stated that uniting with other chapters would give the forum more clout in obtaining panelists. Trustee Harkins stated that he was not in favor of passing this resolution at this point in time and preferred to wait until the December 17, 2001 meeting, allowing the Village to cosponsor a forum with the League of Women Voters. Mayor Elliott suggested that the Village could be a facilitator, but not a co-sponsor. Trustee McCarthy stated that she believed there was an agreement with Croton CAN that they would hold an informational forum; what was requested was to give information about the evacuation plan and getting information out about many related issues; she is skeptical as to what the County will say about their evacuation plan. Trustee Grant stated that many in the County are not convinced
that the evacuation plan will work, but agrees that someone from the County should be present at the forum. Trustee McCarthy stated that she wants the forum to focus on Croton’s issues because evacuation issues of other municipalities may not be the same as the Village’s. Trustee Wiegman stated that the source of the anxiety is identical in all municipalities and the discussion will encompass common issues. Trustee Wiegman stated that citizens have come forward and asked what the Village has done and want to hear that they are actually doing something; this may not be as visual to the community and it will take a lot of different mechanisms to succeed in getting information to the public.
Trustee Wiegman made a motion to amend the resolution as follows: Strike “gas-fired combined cycle plant” and add “to a non-nuclear fueled plant”. The motion to amend was seconded by Trustee Grant and approved by all.
On motion of Trustee Grant, seconded by Trustee Harkins, the following resolution was
Adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York
WHEREAS, $ 3,081.35 was received from the Village’s insurance carrier, NYMIR, for the repair of the Village’s bucket truck after it was damaged; and
WHEREAS, the insurance recovery will be used to reimburse the General Fund for repairs to the bucket which were already completed; and
WHEREAS, The Treasurer wishes to open both sides of the General Fund budget to cover this repair, amending the 2001-2002 General Fund budget effecting the following accounts; and
Increase 1-5110.0470. by $ 3,081.35 ( Vehicle Repairs )
Increase 1-0001.2680 by $ 3,081.35 ( Insurance Recoveries )
Now Therefore be it resolved that the Village Treasurer amend the 2001 -2002 Capital Fund budget to reflect these changes.
f. On motion of Trustee Wiegman, seconded by Trustee Grant, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with the following vote: Trustees Wiegman, Harkins, Grant, Mayor Elliott “aye”; Trustee McCarthy “nay”.
WHEREAS, the Village Board wishes to consider the environmental impacts of adopting the proposed Greenway Company plan as a local law; and
WHEREAS, a Full Environmental Assessment form has been prepared; and
WHEREAS, at the August 6, 2001 Village Board Meeting the Board of Trustees declared its intent to serve as lead agency for this action and authorized the circulation of the EAF to all involved and interested parties, and
WHEREAS, no agencies have come forth to serve as lead agency and as a practical and legal matter the Village Board of Trustees is the only agency which can serve as lead agency for this matter, and
NOW THEREFORE BE IT RESOLVED: that the Board of Trustees does hereby determine, based upon the Environmental Assessment Form submitted to and reviewed by the Board, that this is a Type 1 action, and
BE IT FURTHER RESOLVED, that based upon the Environmental Assessment Form, the Village Board of Trustees hereby adopts the attached Negative Declaration with respect to this matter.
On motion of Trustee Wiegman, seconded by Trustee Grant, the following Local Law was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with the following vote: Trustees Wiegman, Harkins and Grant, “aye”; Trustee McCarthy “nay”.
Local Law No. 13 of the year 2001.
A local law entitled “Adoption of the Westchester County Greenway Compact Plan”
Section 1. Adoption of Westchester County Greenway Compact Plan
Pursuant to the provisions of Section 44-0119 of the Environmental Conservation Law of the State of New York, the Village of Croton-on-Hudson hereby adopts the statement of policies, principles and guides detailed in the four compendiums titled, Tourism and Economic Development Plan (April 1997), Hudson River Waterfront Present and Future (June 1998), Building Livable Downtowns (June 1999) and Growing Smarter Together (September 2000), and Patterns for Westchester: The Land and the People which together comprise the Westchester County Greenway Compact Plan (hereinafter referred to as Greenway Compact Plan), by which the Village of Croton-on-Hudson becomes a participating community in the Greenway Compact.
Proposals to amend the Greenway Compact Plan may from time to time be made by the Hudson River Valley Greenway Communities Council (hereinafter referred to as “Greenway Council”) in response to requests from participating communities. Within 90 days of receipt of any such proposal from the Greenway Council, the Village Board of the Village of Croton-on-Hudson shall determine by resolution whether to accept or to reject such proposed amendment. Any proposed amendment so accepted shall be considered an amendment of the Greenway Compact Plan as adopted by the Village of Croton-on-Hudson. Any proposed amendment rejected by the Village Board will not be considered to be an amendment of the Greenway Plan for the Village of Croton-on-Hudson, and notice of such rejection shall promptly be provided to
the Greenway Council.
It is stated policy of the Village of Croton-on-Hudson that, to the extent the
Village amends its current, or enacts new, land use laws and regulations, such new or amended laws and regulations, where appropriate, should be designed to be consistent with the Greenway Compact Plan.
Section 2. Amendment of Zoning Code
To implement the Greenway Compact Plan in the Village of Croton-on-Hudson, the Zoning chapter of the Code of the Village of Croton-on-Hudson is hereby amended by the addition of the following provision:
The Village of Croton-on-Hudson has adopted the Greenway Compact Plan, as amended from time to time, as a statement of policies, principles, and guides to supplement other established land use policies in the Village. In its discretionary actions under this zoning code, the reviewing agency should take into consideration said statement of policies, principles and guides, as appropriate.
Section 3. Amendment of Subdivision Regulations
The Village of Croton-on-Hudson has adopted the Greenway Compact Plan, as amended from time to time, as a statement of policies, principles and guides to supplement other land use policies in the Village. In its discretionary actions under the Subdivision of Land chapter of the Village of Croton-on-Hudson Code, the reviewing agency should take into consideration said statement of policies, principles and guides, as appropriate.
Section 4. Home Rule of Authority
Nothing in this Local Law adopting the Compact Plan, or in becoming a participating community in the Compact Plan is intended, or shall be construed (a) to limit the home rule authority of the Village under State Law to make local land use and zoning decisions, (b) to authorize any other entity to supersede the Village’s land use laws and regulations or to impose any requirements on the Village, or (c) to prevent the Village in its sole discretion from adopting a local law at a later date for the purpose of withdrawing from the Greenway Compact or Westchester County Greenway Compact Plan.
Section 5. Reviewing Agency
The term “reviewing agency” as used in this local law shall mean any agency, board, commission, or other official body of the Village of Croton-on-Hudson empowered to make decisions or recommendations with respect to land use matters.
Section 6. Separability
If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgement shall be confined in its operation to the part of provision or application directly involved in the controversy in which judgement shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances, and the Village of Croton-on-Hudson hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent.
Section 7. Effective Date
This Local Law shall take effect immediately upon filing in the office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.
Village Manager Herbek reported on the agenda for next Monday night’s work session; certain items were put on the agenda at the request of Board members. Mr. Herbek will prioritize the agenda.
Treasurer Reardon clarified the resolution that had been passed regarding the Senior Citizen excessive medical expense exemption as requested by a local citizen.
Trustee Wiegman reported on the Greenway Advisory Committee’s recent meeting. Trustee Wiegman added that the VEB has met and thanked Sal Americo, who has stepped down, for his service to that board. Trustee Wiegman commented on the renaming of the ball field to the Manes memorial field and thanked Ed Spector for his work toward this memorial.
Trustee McCarthy wished everyone a Happy Thanksgiving. Trustee McCarthy reported that the Zoning Board has been asking about the legislation they proposed concerning the individuals who come before the Zoning Board who have pre-existing structures and they would like to know the status of enacting the fee structure. Village Manager Herbek stated that he will make copies of the file; it still needs to be put together and be put on a work session. Trustee McCarthy added that the laptop computer used by a number of boards, including the Zoning Board, needs to be replaced. Trustee McCarthy, regarding Municipal Place property and the possible use of the property by the DPW in the future, stated that she would like this discussed at a work session. Mayor Elliott agreed that this should be
looked at to create a facility that will allow optimal use. Trustee McCarthy stated that she is more concerned about the immediate use of the property and safety issues.
Trustee Grant reported that the Comprehensive Plan is getting close to the end; they will run a couple of months behind to be absolutely certain the draft that is sent to the Board is what they will be able to give a strong recommendation to. Trustee Grant asked Village Manager Herbek to put on a future work session discussion of what the new code enforcement officer is doing about the signs that have been appearing in the Village, including auto dealerships, work-at-home signs and election signs that are still up.
Mayor Elliott reported that the annual inter-faith Thanksgiving service will be held at Holy Name of Mary Church on Thanksgiving eve.
Trustee Grant made a motion to adjourn, seconded by Trustee Harkins, approved unanimously. The meeting was adjourned at 12:15 am.
Phyllis A. Bradbury, Secretary