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Board of Trustees Minutes 01/21/2003
Regular Board Meeting
January 21, 2003
Page 1
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, January 21, 2003 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 McCarthy
        Treasurer Reardon                       Trustee Wiegman
        Village Attorney Waldman                Trustee Schmidt
        
1. CALL TO ORDER:
Mayor Elliott called the meeting to order at 8:05 p.m.  Everyone joined in the Pledge of Allegiance.

Mayor Elliott introduced Martin Smolin, representing Croton’s Adopt-A-Minefield Program, who stated that they have met their goal; have collected $28,300. which cleared a minefield in Vietnam; area cleared had 42 unexploded mines; they have collected another $7,000 over their goal, which was sent to the UNA/USA Adopt-a-Mine Program; every penny will be used to clear minefields in Vietnam; he thanked members and former members of the Board and Village Manager Herbek who got behind the project.  He added that almost everyone in the Village participated and he presented a certificate to the Board.

2. 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 Schmidt and approved unanimously.

                General Fund                    $ 49,229.64
                Water Fund        731.16                                        
                Capital Accounts        32,123.19
        Trust & Agency    1,522.15              
                        $ 83,606.14
 
3.      CORRESPONDENCE:
        No correspondence.

4.      CITIZEN PARTICIPATION:
Tom Brennan 121 N. Riverside Ave., commented that four years ago there was tremendous opposition to MetroEnviro; however, a permit was granted; he and others felt it was wrong; MetroEnviro continued violating the permit; the facility was plagued and problematic; the pendulum is finally swinging the other way and they are on solid ground now; MetroEnviro has been given many opportunities to be fair and honest but they wouldn’t.
Mr. Wintermeir, 43 Radner Ave., addressed new zoning regulations on the agenda this evening; he has Floor Area Ratio (FAR) concerns; he is not aware of  some of the problems that need to be fixed and he would like this explained by folks recommending the new zoning regulations; FAR  and open space recommendations do not leave much room for parking.  He distributed diagrams that he feels shows there is very little room for parking.  He added that they have neglected a series of items; the FAR is intended for large cities and medium size towns and may not be appropriate for this Village; it excludes overhangs, porch ways, basements, stilted buildings, attics and asked if it pertains to residential and commercial; the Village may be open to aspects of litigation as people try to get around zoning.  He added that he believes it is anti-business zoning and will prohibit Croton to expand the tax base.  He suggested finding out if a FAR is being used successfully by any other Westchester community.  Mr. Wintermeir added that it will be forcing businesses to have parking in the rear and the rear should be for deliveries; what will single curb cut accomplish.  He added that this is asking that commercial parking lots, automobile storage, automobile dealerships and drive-throughs be restricted in the future; some of these business are key to the survival of business in the Village; he is concerned about elimination of drive-throughs, which are useful for pharmacies, ATMs and convenient for moms & seniors; they provide a safer environment for all kinds of folks.  Mr. Wintermeir added that adding shrubbery focuses on service stations and parking lots, but they must control the height or they will have a difficult time seeing at exits and entrances.  He stated that he had other questions that should be addressed which pertain to the impact of zoning regulations on business properties; were existing buildings checked on how to enforce these regulations? He added that he would like to hear the feedback from local property owners and what they think of these ordinances.   He stated that he is concerned about the illumination law and how to enforce and what is the need for it; he suggested taking a close look and listen to comments from residents.
Don Daubney, Bungalow Road, questioned some resolutions on the agenda tonight; Village Manager Herbek explained that the resolution regarding cleaning of forced mains that has been put out to bid and that the ladder truck is being donated to Upper Jay, NY Volunteer Fire Dept. who will come down and transport the truck at their own expense.  Mr. Daubney asked if the triangle by CET is a gift, exchange or sale.  Trustee McCarthy replied that she had concerns about the Village deeding property to the school, but had a conversation with Marjorie Castro about this and is now comfortable with how this is being handled and the use they have put for this property; it will accomplish a good public purpose.  Mayor Elliott added that it is all taxpayer property; they had a joint meeting with the school board and they all agreed to let the attorneys for both institutions work it out.  Trustee Grant stated that this is property that the Village will get additional use of also because it is used for track and football game parking and part will be for a turn-around. Trustee Wiegman added that this will enhance parking for the expanded facilities at the school and safety of traffic flow; this is a very small piece of property and is surrounded by school property.
Mary Cronin, 201 Cleveland Dr., spoke about the Witt report; she is a member of Croton CIP (Close Indian Point); she distributed a letter requesting Village assistance in talking to Gov. Pataki regarding the findings of the Witt report; Witt report says that right now residents cannot properly evacuate and are not adequately protected; she asked that the Board pass a resolution for Gov. Pataki to call for an immediate shutdown and not sign any certifications.  Mayor Elliot replied that what they have to worry about them not seeking extension of the certification period.  Trustee Wiegman stated that January 21st is the State’s deadline for an evacuation plan and February 7th is the close of the comment period for the Witt report.  Mayor Elliott responded that the Board has prepared resolutions on this matter and will be discussed at the Resolution portion later in this meeting.
Joe Biber, 204 Cleveland Dr., stated that he wanted to reinforce Mary’s comments and make sure there is a call for withholding of recertification of the evacuation plan and a resolution or letter should include that; he showed the green signs that are around town about a meeting by CIP; Richard Brodsky will be a speaker at the meeting which is scheduled for 7 pm, Thursday, in this room.  Trustee McCarthy added that there has been a suggestion to schedule Kyle Rabin to speak at a work session.  Mayor Elliott replied that the immediate best idea is to come to the meeting on Thursday evening.
Joe Franco, Bari Manor, thanked the support of the Board on high rent hikes proposed to residents of Bari Manor; some rents have increased $200 per month, but they are not going to do anything to improve apartments except the possibility of some windows or sliding glass doors; there is a suggestion that in the new lease, they may be required to pay for parking space that now comes with the apartment; he wondered if the rent is raised $200 this year, will they raise it again next year; he suggested an incremental increase and tell the renters what they intend to do.  Mr. Franco added that no superintendent is on the property right now so there is no supervision; garbage has not been maintained and bulk garbage like Christmas trees is still there: a resident called the owners and they replied that renters must remove bulk garbage themselves; it is a safety issue; some leases are up as of Jan 31st and he asked if the Village could put on a rent freeze?  Mayor Elliott replied that they are arranging a meeting with the owners and suggested having someone liaise with the group of renters; Village Manager Herbek will be the Village’s contact person.  Village Manager Herbek provided information about the Emergency Tenant Protection Act internet site – www.dhcr.state.ny  which talks about State regulations; he has asked the Municipal Law Resource Center at Pace University to look into this; Lester Steinman will give assistance when he returns in a day or two.  Village Manager Herbek added that he has also set up a day meeting next week and would like to have two Trustees attend along with the new owners.  Trustee McCarthy stated that they should send a definite message to the owners that they are not considered good corporate neighbors at present.  Trustee Schmidt asked who picks up their garbage.  Village Manager Herbek replied that he believes the Village does but needs to find out more; he doesn’t believe it is privately handled.  Trustee Grant asked for further information from Bari Manor people such as is everyone getting the $200 increase?  She added that she would like to meet with residents of Bari Manor and be at the meeting with the owners; she asked that the residents organize and chose a spokesperson.  Trustee McCarthy clarified that residents who have already renewed their lease have not received a $200 increase; however, those who are renewing now will get this increase and are forced to make a decision by January 31st.
Anna Massopust stated that her mother, Edith, who is 88 years old, was born and raised in the Village, has been an employee of the School District for many years and lives in Bari Manor and cannot afford this kind of increase.  She asked the Board to think about what this increase will do to people like her; she may be one of the oldest residents of Croton and would like to stay.  Trustee Schmidt asked the residents to do a demographic study of who lives there.  
Bob Wintermeir, commenting on the Indian Point situation, stated that he has lived in the Village almost 40 years; suggested taking a look at how Indian Point would be closed; figure out if can be done without cutting electricity from everyone in Village; think about the immediacy of what is to be done and how it is to be done.
Lou Giordano, who owns a car dealership in town, asked how seriously the economic impact was thought out to not plan for any dealerships; so many people visit Croton to buy cars who then go to stores in town; employees also support businesses in town; a franchise dealership should not fall in the same category as gas stations and used car lots which can be a blight on the gateway; he has spent a lot of money on a new site plan revision and asked the Board to think through all aspects of no automobile dealerships.  Trustee McCarthy explained that there are two documents, the Gateway Overlay Districts and the Comprehensive Plan; Croton Auto Park is in the Overlay District but the Croton Dodge dealership business is not and the Overlay refers to restricting car dealerships.  Trustee McCarthy stated that she will be recusing herself with respect to the Gateway Overlay District because the law firm she works for did represent Mr. Katz in 1989 in regard to Guy King Oldsmobile by the Shop Rite and, to be consistent, she will be recusing herself in regard to the Comprehensive Plan also.  Trustee McCarthy stated that based upon her discussion with Village Attorney Waldman; there is no conflict of interest.  Trustee Wiegman thanked Mr. Giordano for adjusting the lighting at his business.
Tom Brennan stated that, regarding the Gateway Overlay Plan, Mr. Giordano has a solid business, he pays property taxes, some employees probably live in Croton; he provides a vital service to the Village, if that business had to close down temporarily for repairs, would that business be able to open again.  Mayor Elliott and Trustee McCarthy stated that this is covered in the Zoning Code right now.  Mayor Elliott emphasized that they are not trying to limit or shut down any businesses.
5.      RESOLUTIONS:
a.      On motion of TRUSTEE WIEGMAN, seconded by TRUSTEE SCHMIDT, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:

WHEREAS, Robert Davis, on behalf of Peter Aguano and Sharon Singer, in his letter to the Board on October 29, 2002, has applied for a special hardship permit for one family lots pursuant to Section 195-9 of the Village Steep Slopes law; and

WHEREAS, this matter was referred to the Planning Board for their recommendation; and

WHEREAS, the Planning Board recommended granting of the Steep Slopes Hardship exemption subject to conditions outlined in the Village Engineer’s memo to the Planning Board dated November 26, 2002; and

WHEREAS, based on the short EAF prepared by the applicant, the Village Board has determined that there will be no significant environmental impact from this action,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby adopts the attached Negative Declaration declaring this an unlisted action,

AND BE IT FURTHER RESOLVED: that the Village Board of Trustees grants the Steep Slopes Hardship exemption subject to the conditions outlined by the Village Engineer’s memo to the Planning Board dated November 26, 2002.  


b.      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, Schmidt, Wiegman, Mayor Elliott, “aye”; Trustee McCarthy “nay”.

WHEREAS, Peter Elkin, on behalf of the Max Finkelstein Tire Warehouse, in his letter to the Board on November 12, 2002, has applied for a special permit for an expansion of an existing building in the Light Industrial Zone; and

WHEREAS, this matter was referred to the Planning Board for their recommendation; and

WHEREAS, the Planning Board recommended granting of the special permit subject to the conditions outlined in their November 27, 2002 memo to the  Village Board; and

WHEREAS, based on the short EAF prepared by the applicant, the Village Board has determined that there will be no significant environmental impact from this action,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby adopts the attached Negative Declaration declaring this an unlisted action,

AND BE IT FURTHER RESOLVED: that the Village Board of Trustees grants the special permit subject to the conditions outlined by the Planning Board’s memo to the Village Board November 27, 2002.  

Discussion:  Trustee McCarthy stated that she had concerns about the rail spur; it is her understanding that Mr. Finkelstein’s operation has no interest in reopening it but is concerned about the future.  Trustee McCarthy added that she had asked that there be a restriction based on the condition they or any future owner must come back to the Village Board for a special permit and no wording has been included in this resolution.  Mr. Elkin replied that at the last Board meeting, it was suggested that the existing railroad siding be abandoned; recent zoning code modifications allow railroad siding as a permitted use and he feels this is not relevant to this application.  Trustee McCarthy replied that she believes it is relevant; she is saying that someone would have to come back to the Board of Trustees for approval to use the railroad.  

Trustee McCarthy proposed an amendment to the resolution that “the application be conditioned that the applicant and any subsequent owner be prohibited from using the rail siding or train tracks in connection with any operations that occur on the site and the owner or any future owner must come back to the Board and seek a modification of this permit if they wish to use such rail siding or train tracks.”  Trustee Schmidt seconded the amendment.  Discussion on amendment:  Trustee Wiegman asked what the affect on traffic would be if the business decided to use railroad site.  Mr. Elkin replied that the reason for the expansion is that the business has taken on many new types of tires with smaller amounts of inventory and they are not interested in box cars full of the same tires coming in; the rail spur was expensive to put in and makes the site valuable if they chose to sell to another user; for the original zoning code this operation was made to review effects of the business on the community; the main entrance is approx 100 ft. from Rt. 9 and most traffic goes on or off this 100 ft stretch on to Rt. 9; there is shrubbery & buffering; in terms of safety, there has been no problems and they have received excellent reviews from the local fire marshal; their insurance rating is excellent; the fact that the railroad siding is there or not is inconsequential; the town would have the perfect opportunity to review this if the property is sold; they are asking for a permit to continue use of property; the railroad is not relevant to this discussion.   Trustee Wiegman suggested receiving tires by rail would lessen truck traffic.  Trustee McCarthy suggested bringing tires in by truck and shipping out by rail would increase truck traffic.  Vote on Amendment:  Trustees McCarthy and Schmidt, “aye”; Trustees Grant and Wiegman and Mayor Elliott “nay”.

Trustee Schmidt asked if the Village Engineer has reviewed the building size and that the correct, allowed numbers are there.  Mr. Elkins replied that they have submitted site plan details to the Planning Board and the Village Engineer; he had conversations with the Village Engineer and he has had a review of the site; they expect a full-scale review by the Planning Board.  Village Attorney Waldman stated that there is a representation from the applicant that those numbers comply with the FAR in the zoning law and the permit could be set aside if it proves to be contrary.

c.      On motion of TRUSTEE WIEGMAN, seconded by TRUSTEE SCHMIDT, 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, Schmidt, Wiegman and Mayor Elliott “aye”; Trustee McCarthy “abstain”.

WHEREAS, the Village Board wishes to consider the environmental impacts of adopting the proposed Comprehensive Plan; and

WHEREAS, Part 1 of the Environmental Assessment Form was prepared in October 2002 by Buckhurst Fish & Jacquemart; and

WHEREAS, at the September 23, 2002 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

WHEREAS, Part 2 of the Environmental Assessment Form, evaluating the potential environmental impacts of this project, has now been prepared by Buckhurst Fish & Jacquemart,

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.
Discussion: Adam Wieckstein, representing Mr. Katz, stated that the Negative Declaration is inappropriate for an action of this magnitude; the Comprehensive Plan recommends the development of only certain types of business, the implementation of gateway districts, new regulations, new design regulations, rerouting of traffic patterns and all these items have potential to impact traffic, safety, growth & development of the community; SEQRA action is needed; the EAF is very limited. He also commented on the Master Plan; that he understands that there are a number of minor changes suggested to text relating to his client’s property on page 88 and 89; and wording on Page 84 of the Plan is inconsistent with what the Board just did; he suggested changing “must” to “could”.

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 Schmidt, Wiegman, Grant and Mayor Elliott, “aye”; Trustee McCarthy, “abstain”.
 
WHEREAS, the preparation of a Village Comprehensive Plan is provided for in New York State Village Law Section 7-722; and

WHEREAS, on November 15, 1999, the Village Board by resolution appointed a Comprehensive Plan Committee for the purpose of preparing a Comprehensive Plan; and

WHEREAS, the Village Board retained the firm, Buckhurst Fish & Jacquemart, to assist the Comprehensive Plan Committee with the process of preparing a Comprehensive Plan; and

WHEREAS, during its three-year process, the Comprehensive Plan Committee held three public workshops, conducted a resident survey responded to by 25% of recipients, conducted numerous interviews with key groups, committees and officials, and held a Public Hearing in order to ensure full opportunity for citizen participation in its preparation of the proposed plan; and

WHEREAS, key recommendations of the Plan for the Village include the following elements:
·       Protect natural resources,
·       Maintain economic diversity
·       Preserve the historic character
·       Improve the visual quality
·       Improve commercial areas
·       Enhance pedestrian connections within the Village
·       Improve traffic flow and parking
·       Upgrade older utilities
·       Update of Village Zoning Code and Map

WHEREAS, the proposed Plan has been referred to the Planning Board for its review and recommendation; and

WHEREAS, the proposed Plan has been referred to the Westchester County Planning Board for its review and recommendation; and

WHEREAS, the proposed Plan was made available for public review at the Village Office, the Croton Free Library, and the Village Web Site; and

WHEREAS, the Village Board, as lead agency, has reviewed and fully considered the full Environmental Assessment Form, and all written and oral comments with respect to the proposed action in accordance with Article 8 of the Environmental Conservation Law and 6NYCRR part 617; and  

WHEREAS, the Village Board held its own Public Hearing on December 2, 2002 which was continued to December 16, 2002; and

WHEREAS, on January 21, 2003 the Village Board of Trustees has adopted the Negative Declaration with respect to this action,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby adopts the Comprehensive Plan dated August 22, 2002 with the addition of the added changes as specified in the October 11, 2002 memorandum from the Comprehensive Plan Committee, the changes agreed to in the Village Board Work Session of January 13, 2003 which are attached and the changes agreed to in the Village Board Special Meeting of January 20, 2003 which are attached, and the substitution of the word “should” instead of “must” in the fifth paragraph on page 84 and the elimination of word “park” in figure 4.4 on page 90, and

BE IT FURTHER RESOLVED: that the Village Board of Trustees authorizes a new printing of the Comprehensive Plan which incorporates these changes.

Additional Changes:

1. From October 11, 2002:  

Recommended Revisions to the 2002 Comprehensive Plan
Draft dated August 22, 2002

Page 5.         A sentence is added to the second line at the top as follows:
                “ As a result of comments received at the Comprehensive Plan Committee’s Public Hearing, the Committee added and further refined its recommendations.”

Page 8.        In the 4th paragraph from the top, the second sentence is changed as follows:
                “Although by 1990 its population….”

Page 25.      Table 3.2, the Silver Lake description should indicate a “freshwater river”.

Page 27.      Table 3.3, Croton Point Park should  have “swimming” added to it.

Page 46.     In the third paragraph, a sentence is inserted before the last sentence which reads as follows:  
                “The Village has worked with the Croton Housing Network to provide housing to meets these needs throughout the Village.  To date, housing units, both rentals and individually owned homes, have been created on Bank St, Brook Street, at Mount Airy Woods, in the Westwind subdivision and at the  Half Moon Bay condominium development.”

Page 50.       The first sentence in paragraph 1 is changed as follows:
                “The Village provides a 2,000 vehicle commuter parking facility at the station, with 1600 spaces reserved for monthly permit holders and 400 daily spaces.”

Page 66.      The last paragraph has the words “covers approximately” removed.

Page 72.     The first sentence in the paragraph after the bullets is changed as follows:
                “A future development option, not part of the preferred alternative, was also studied for the area between the main parking lot and the water’s edge.”

Page 80.      The fourth line from the top is changed to as follows:
                “between shopping areas, residential neighborhoods, schools, libraries, and parks and waterfronts.  Of particular concern is safety for children near schools and libraries.”

Page 81.       In line 4 from the top, a new sentence is added as follows:
                “…public recreation area. The Village should also consider rezoning the property owned by the railroad to limit or control future alternative development on the property.”

Page 81.      New items, #15 and #16, are added as follows:
                “15.  Improve visual quality at the railroad station.
               The Village should consider landscaping and pedestrian improvements.    
                    Attention should be paid to reduction of excessive signs and visual clutter.”

                16.  Energy Conservation.
                The Village should be cognizant of  energy conservation strategies in                           considering plans for the future.”

Page 99.      In the 4th paragraph, a new sentence is added prior to the last sentence:
                “Such  a study is being prepared by the Conservation Advisory Council.”

Page 99.      A new paragraph is added after paragraph 4 as follows:
                “The Plan recommends preservation of the Croton River Gorge as a priority. The Village should also explore agreements with municipalities on the opposite side of the Croton River to protect the viewshed and its character.”

Page 101.   The second to last sentence in paragraph 2 is changed as follows:
                “…Senasqua Tunnel for pedestrian and bike use only.”

Page 102.    The top line on the page is changed to add a sentence as follows:
                “outdoor recreation.  The Village and Beaverkill have entered into a management agreement where in the Village has assumed maintenance and management of the area.”

Page 102.     The first sentence of the full paragraph is changed as follows:
                “A feasibility study for the site entitled …..”



 The last sentence on the page is changed as follows:
                “This Plan recommends a creative mix of uses that could be enjoyed by the broadest possible segment of the community, and does not limit the site to exclusively passive use, such as a restaurant appropriate to its environment.”

Page 105.    The third line in the first bullet is changed as follows:
                “…major routes leading to the station and in the parking lot.”

Page 111.    A new sentence is added at the end of the last paragraph as follows:
                “ At Black Rock Park, a plan for making  it more ‘user-friendly should be  developed.”

2. From January 13, 2003

The following changes to the Draft Comprehensive Plan were agreed to at the January 13, 2003 work session of the Board of Trustees.

Page 102.  The last sentence on this page should now read as follows:  “This plan recommends a mix of (a) passive recreational uses as contemplated in the Preferred Alternative of the Waterfront Development Feasibility Study, and (b) waterfront-related uses.”

Page 107.  In the first paragraph under the bold heading Establish Architectural Standards.  The last sentence should now read as follows:  “This power of architectural review should encompass all non-residential properties and also include new residential construction and major alterations in residentially-zoned districts.”

Page 79.    Item number 7.  The last sentence in this paragraph should now read as follows:  “This power of architectural review should encompass all non-residential properties and also include new residential construction and major alterations in residentially-zoned districts.”

3. From January 20, 2003 Special Meeting

The following changes were agreed to at the January 20, 2003 Special Meeting.  The following wording changes are to be incorporated into the Croton-on-Hudson, 2002 Comprehensive Plan draft document dated August 22, 2002:  (Changes are shown in bold type)

Page 88 – first bullet.    The header for this bullet should read “Katz Property”

The paragraph associated with this bullet should read:  “ Significant upgrading of this gateway area could create an opportunity to develop needed community facilities and the Village could consider purchase of this 2.4-acre site.  Developing a portion of the site as a community center,  possibly coupled with office use, would help establish this area as a mixed-use center. In addition, the development of a landscaped park would result in a conveniently located meeting place for Village residents.  Figure 4.3 shows one possible layout for the site, incorporating community facilities and office uses, parking, and a landscaped park.  

Page 89 – Figure 4.3.  The legend box for this figure should change the words “possible Commuity Center” to “Potential New Builidng”.

Page 90 – Figure 4.4.  The area of this sketch labeled “Community Center” should be changed to “New Building”.

Page 111, second paragraph under the Community Center should read:
        “As discussed in Section 4.2, and the Recreation Master Plan dated December 12, 2002, the Katz property in the Municipal Place/Croton Commons commercial area of the Village is one possible location for a community center.  The 2.4-acre site, which is presently vacant, is centrally located on the north side of Municipal Place adjacent to the automobile dealership, within walking distance of the Harmon neighborhood and Upper Village.  Development of the site for community use, possibly coupled with office use, would  help establish the Municipal Place area as a mixed-use center.   The Village could consider purchasing the site and developing it for these uses.”

The  following wording changes should also be made to the Environmental Assessment Form, Village of Croton-on-Hudson 2002 Comprehensive Plan, dated October 2002, prepared by Buckhurst, Fish & Jacquemart, Inc.:

Page 4, first bullet under (c0 Municipal Place Shopping Center.  The bullet sentence should read: “ Village could consider purchase of the vacant property across from Van Wyck Plaza which could then be used for community facilities and other appropriate uses.”

Page 9, item (a) Community Center.  The sentence should read: “The vacant property in the Municipal Place/Croton Commons commercial area is one possible location for a community facility.”


Trustee Grant congratulated the Comprehensive Plan Committee; this has been in the process for over 4 years; they are a dedicated group of people. Trustee Wiegman read the names of the Comprehensive Plan Committee

Ann Gallelli stated that the Committee appreciates the vote of confidence in the Plan; they want to thank the more than 1000 people in community who participated and provided input; there was tremendous response from community over a long period of time.

Trustee Schmidt thanked the Comprehensive Plan Committee for the years of work put into this; he has certain reservations, but they have come to a consensus; the vision is good to move us forward; more time should have been spent on how to move forward; retail amenities were often a concern; a business consultant could have been hired and he is concerned about going ahead without the assistance of business consultant.  He added that former Trustees who worked on this should be added to the index.

e.      On motion of TRUSTEE WIEGMAN, seconded by TRUSTEE SCHMIDT, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:

Whereas, the Village of Croton on Hudson engaged the Environmental Engineering firm of Stearns & Wheler, LLC to conduct a study of the sanitary sewer force main from Arrowcrest Subdivision and Skyview Nursing Home with regard to certain sewer odors, and

Whereas, Stearns & Wheler provided a report to the Village Board dated October 2002 which made certain recommendations to improve the operation and reduce odors, and

Whereas, one of the recommendations is to clean the force main with a pig cleaning system, and

Whereas, the Village requested a proposal from Stearns and Wheler to develop pig launching details and specifications for the cleaning of the Skyview Haven Nursing Home force main and the Arrowcrest Force Main, and

Whereas, the Village received a proposal dated January 7, 2003 covering the above work to include inspection services,

Now Therefore Be It Resolved, that the Village Manager is hereby authorized to sign the proposal from Stearns and Wheler dated January 7, 2003 to cover the scope of services as described in their proposal, with modifications as recommended by the Village Engineer, with regard to this project in the lump sum fee of $9,500.

And Be It Further Resolved that the Village Treasurer amend the 2002-2003 General fund budget to move the unbudgeted funds from the Contingent account to the Sewer department contractual.

1. Increase     001 8120.0400 by        $ 9,500.00  (Contractual Expense)
2. Decrease   001-1990.0400  by $ 9,500.00  (Contingent Account)


f.      On motion of TRUSTEE GRANT, seconded by TRUSTEE SCHMIDT, the following   resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:  

WHEREAS, the Village purchased a new aerial ladder truck in 2002 to replace a 1971 Maxim 100 foot ladder truck; and

WHEREAS, the 1971 Maxim ladder truck has been declared surplus property by the Village Board of Trustees; and

WHEREAS, the Village Manager in conjunction with the Croton Volunteer Fire Department has made efforts to sell this vehicle to include advertisement in the NYCOM Bulletin which is circulated to all Villages and Cities in New York State; and

WHEREAS, there have been no formal offers from any municipality to purchase this vehicle, however the Upper Jay Volunteer Fire Department has expressed that they would very much like to have this ladder truck as part of their firefighting apparatus if it would be donated by the Village of Croton on Hudson; and

WHEREAS, Section 72-h of New York State General Municipal Law allows the transfer of used equipment from one state agency to another state agency either without consideration or for such consideration and upon such terms and conditions as shall be approved by such body;

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to transfer the 1971 Maxim Ladder Truck to the Upper Jan Volunteer Fire Department without consideration subject to the Upper Jay Volunteer Fire Department insuring this vehicle in accordance with New York State Law and also driving this vehicle from Croton on Hudson to Upper Jay New York


g.      On motion of TRUSTEE McCARTHY, 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, the Croton Harmon School District in a letter written by Superintendent of Schools Marjorie Castro dated August 16, 2002 requested the use of the small triangular property at CET School formerly used by the Village Day Camp; and

WHEREAS, this was discussed by the Village Board and School Board at the Joint Meeting held on October 28, 2003; and

WHEREAS, the Village Manager and Superintendent of Schools were requested to explore methods whereby the Croton Harmon School District could use this land; and

WHEREAS, the Village Manager and Superintendent of Schools have explored a number of options and determined that the best method of allowing the School District to use this land would be by conveying it to the School District; and

WHEREAS, the School District intends to construct a turn around area and parking area within this triangular shaped property which will allow a safer method of dropping off students and more parking to accommodate the needs of the School District and the Village; and

WHEREAS, the Village Board hereby determines that this land transfer is in the overall best interest of the public;

NOW THEREFORE BE IT RESOLVED: that the Village Attorney is hereby authorized to prepare the necessary legal instruments to convey this land to the School District and the Village Manager is hereby authorized to convey this land to the School District and file the necessary legal instruments in the Westchester County Office of Land Records.

h.      On motion of TRUSTEE GRANT, seconded by TRUSTEE WIEGMAN, the following   resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:  

AUTHORIZING THE VILLAGE OF CROTON-ON-HUDSON, COUNTY OF WESTCHESTER, NEW YORK, TO JOIN THE COALITION CALLING FOR THE
IMMEDIATE CLOSURE AND SAFE AND ORDERLY DECOMMISSIONING OF THE INDIAN POINT NUCLEAR FACILITY

WHEREAS, terrorists have made numerous credible threats to focus future attacks on America's infrastructure, including our nation's nuclear power plants; and

WHEREAS, on January 29, 2002, President Bush in his State of the Union says: “We have found diagrams of American nuclear power plants [in Al-Qaeda camps]...;” and

WHEREAS, the National Governors Association, in a September 19, 2002 report states "U.S. nuclear power plants are potential targets for terrorist attacks.... A terrorist attack on a nuclear facility should be viewed like a terrorist attack using a dirty bomb, but possibly more catastrophic due to the volume of nuclear material available for dispersion.... The effects of a release over the long term could be dramatic unless the area was adequately decontaminated. For instance, the Chernobyl disaster saw an alarming increase in the number of cancer-related illnesses for children 10 years after the release;" and

WHEREAS, the National Research Council, in a July 2002 report, states that the threat risk to nuclear power plants is high with potential consequences “ranging from reactor shutdowns to core meltdowns with very large releases of radioactivity.”  The report goes on to say: “Nuclear power plants may present a tempting high-visibility target for terrorist attack, and the potential for a September 11-type surprise attack in the near term using U.S. assets such as airplanes appears to be high. Such attacks could potentially have severe consequences if the attack were large enough... Complete denial of the means to attack [nuclear power plants] from the air or ground using U.S. assets such as aircraft is probably not feasible....Given the public fear of anything 'nuclear' or 'radioactive,' even a minor terrorist attack could have greatly magnified psychological and economic consequences;” and

WHEREAS, according to a Al-Jazeera reporter's account of his interview with two Sept. 11 plotters and subsequent news report, Al-Qaida considered striking U.S. nuclear facilities as it planned its assault on New York and Washington and has not ruled out nuclear attacks in the future; and

WHEREAS, of the nation's 103 nuclear power reactors, the Indian Point plant is an especially inviting target given its proximity to the greater New York metropolitan area -- home to 20 million people and the world's financial centers; and

WHEREAS, the Nuclear Regulatory Commission (NRC) has issued numerous alerts to nuclear plant operators and has acknowledged that nuclear facilities, including Indian Point, were not designed to withstand or repel a substantial terrorist attack; and

WHEREAS, an internal January 2002 Entergy report found that only 19% of the plant's security guards felt they could adequately defend the plant after the terrorist attacks. According to plant guards, physical agility tests were lax and that weapons training was inadequate. The guards also felt the security parameters set by the federal government were insufficient. The internal report highlighted security lapses and recommended measures to bolster plant defenses at Indian Point 2, but many security officers believe that there has been little improvement at both units 2 and 3; and

WHEREAS, the complex and interconnected system of nuclear reactors, spent fuel storage structures, control rooms, and electrical switching equipment provides multiple target opportunities by which a sophisticated and determined terrorist attack could cause a catastrophic radiological event; and

WHEREAS, a meltdown or radiological fire could lead to tens of thousands of near- and long-term deaths and cases of chronic radiation sickness, devastate the region's economy, and render uninhabitable much of the greater New York metropolitan area; and

WHEREAS, the Radiological Emergency Preparedness Plan for the 10-mile emergency planning zone is known to be wholly defective in its ability to evacuate area residents and workers in the event of anything but a minor radiological release; and

WHEREAS, the Radiological Emergency Preparedness Plan does not protect citizens residing and working outside of the 10-mile emergency zone; approximately 20 million people living and working within the 50-mile radius; according to a 1982 NRC-commissioned study the 50-mile radius around a nuclear power plant is known as the “peak” injury zone; and according to federal emergency regulations, the 5-mile radius is known as the Ingestion Zone, the area within which people could be at risk if they eat or drink contaminated food or water; and

WHEREAS, a Governor Pataki commissioned study of the Radiological Emergency Preparedness Plan for Indian Point, conducted by James Lee Witt Associates, found that: (1) The plans are built on compliance with regulations, rather than a strategy that leads to structures and systems to protect from radiation exposure; (2) The plans appear based on the premise that people will comply with official government directions rather than acting in accordance with what they perceive to be their best interests; (3) The plans do not consider the possible additional ramifications of a terrorist-caused release; (4) The plans do not consider the reality and impacts of spontaneous evacuation; and (5) Response exercises designed to test the plans are of limited use in identifying inadequacies and improving subsequent responses; and

WHEREAS, any benefits that the Indian Point plant provides are greatly outweighed by the risks; and

WHEREAS, the implementation of comprehensive energy efficiency and conservation measures and the ability to draw power from New England - which has an energy surplus - can, easily "replace" the electricity once provided by Indian Point, thus avoiding the risk of brownouts or significant increases in energy bills; and

WHEREAS, an immediate closure of Indian Point, especially if taken in concert with other safety measures described below, would substantially reduce the risks and consequences of an attack; or accident, both in the near and long term, and

WHEREAS, a rapidly growing confederation of government, business, civic and environmental leaders have called on the Nuclear Regulatory Commission to: (1) order an immediate closure of Indian Point's Unit Two and Unit Three reactors (2) mandate immediate deployment of security measures sufficient to repel a terrorist attack on the reactors, spent fuel pools, control room or electrical equipment; and (3) separate and apart from above, order the immediate transfer of the plant's irradiated spent fuel rods (older than five years) from wet pool storage to a hardened onsite storage system.

BE IT HEREBY RESOLVED, that the Village Board of the Village of Croton-on-Hudson, New York, joins the coalition supporting the immediate closure and safe and orderly decommissioning of Indian Point; and

BE IT FURTHER RESOLVED, that the appropriate authorities seek an assessment of alternative means of providing our region with a sufficient supply of power, including the feasibility of converting the Indian Point site to an alternative electric generating facility and implementing and enhancing comprehensive energy efficiency and conservation measures; and

BE IT FURTHER RESOLVED, that the appropriate authorities seek an assessment of the number of jobs retained for the safe and orderly decommissioning of the Indian Point facility and develop ways of mitigating plant closure impacts on the Indian Point labor force; and

BE IT FURTHER RESOLVED, that the NRC must take prompt action to permanently retire the Indian Point facility and take all measures necessary to minimize the risks associated with the terrorist threat to the Indian Point Nuclear Power Station, and therefore the protection of the Village of Croton-on-Hudson, New York, and the greater New York metropolitan area; and

BE IT FURTHER RESOLVED, that the Village Board of the Village of Croton-on-Hudson urges the New York State Emergency Management Office to notify the Federal Emergency Management Agency that an effective emergency preparedness plan does not exist for the communities for which such a plan has the most impact on public safety, namely those within the 10 Mile Emergency Planning Zone, and

BE IT FURTHER RESOLVED, that the Mayor is authorized to execute any documents in furtherance of this effort to permanently close Indian Point.


Trustee Wiegman proposed a resolution on the Witt Report aimed at asking the State & FEMA to conduct a contingency plan review of public works projects, specifically the Millennium Pipeline which hasn’t been done; research indicates there are dozens of crossings of the Pipeline over the emergency evacuation route.  Trustee McCarthy stated that anytime the Board is going to take an issue with anything regarding the pipeline, it should be under advice of counsel.  Trustee Wiegman stated that there are two issues, one is if the Village wants to make any non-binding resolution to get FERC to talk to FEMA on the matter of evacuation routes overlapping with construction routes and if the Village should gather its thoughts regarding its comments on Witt report; the Village is particularly knowledgeable about the pipeline overlap with the pipeline; a letter needs to be drafted based on this and other research and it must be done prior to Feb. 7th.  Mayor Elliott stated that Village Manager Herbek should run both suggestions past Kirkland and Ellis and add to the agenda of the next work session and the February 3rd meeting.  

6.      APPROVAL OF MINUTES:
Trustee Grant made a motion to hold over the approval of the minutes of the Regular Board Meeting of January 6, 2003 and the Special Board Meeting of January 15, 2003 to the next meeting.  The motion was seconded by Trustee Schmidt and approved unanimously.


7.      REPORTS:
Village Manager Herbek reported that he received a memo regarding Millennium Pipeline; they have requested an extension of time and it has been extended by FERC to July 31, 2003.  
Village Manager Herbek provided the Board with update of current issues that need to be discussed and he needs to get further guidance from the Board.  He added that the Village has received CDBG approvals of $105,000 for Maple St. improvements, $75,000 for Brook St. drainage work and $40,000 in the year 2005 for the Wayne St. improvements.

Treasurer Reardon reported that the Village has retained its A1 bond rating; today they sold 2002 serial bond issue that the Board approved in June with a 3.92 interest rate for 15 years.   He added that signs for the concession stand operator who is visually impaired are in and will be installed at the rail station; he has ordered two signs announcing that the little building at the Parking Lot is the Croton Parking Authority.  

Trustee Wiegman reported that the Visual Environment Board and the Planning Board had a constructive joint session and the VEB is changing its meetings to the 3rd Wed. of the month to allow both committees to have liaisons attend the meetings.  He added that the Water Control Commission and the Croton Sustainable Energy Cooperative are meeting tomorrow night; NYSERTA has an energy-smart plan; he has a list of benefits available and a draft resolution; residents will be hearing more about the Energy Smart Community topic when more information is gathered.

Trustee McCarthy reminded that there is another meeting on January 27th in connection with MetroEnviro’s special permit renewal application and the next regular public meetings is February 3rd   Trustee McCarthy congratulated Mr. Reardon for the excellent bond rating.

Trustee Schmidt reported that the Arboretum will be having a winter walk on February 2nd between 1 and 3 pm;  Craig Stevens will be leading the walk, rain or shine; he suggested parking on the road  and walking into the Arboretum.   He added that he has heard positive comments that the new enforcement is working in the Upper Village and there is more parking.

Mayor Elliott thanked the Police Dept. and the DPW for their help with the Martin Luther King Day ceremony.


Trustee Grant made a motion to adjourn.  Trustee Schmidt seconded the motion; approved unanimously.  The meeting was adjourned at 10:30 P.M.


Respectfully submitted,


Phyllis A. Bradbury, Secretary




Village Clerk