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Board of Trustees Minutes 01-31-05
Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, January 31, 2005 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.

The following officials were present:

Mayor Elliott
Trustee Kane
Village Manager Herbek
Trustee Wiegman
Village Attorney Waldman
Trustee Schmidt
Treasurer Zambrano, Trustee Grant
Mayor Elliott called the meeting to order at 8:05 p.m.  Everyone joined in the Pledge of Allegiance.

Trustee Schmidt 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
$ 38,658.49
Water Fund
Capital Accounts
Trust & Agency
$ 46,957.99

Village Manager Herbek read the following correspondence (full text available at the Village Office):
a)      A letter from County Executive Andrew Spano regarding Westchester County’s application to host the Empire State games on July 24-29, 2007, enclosing a draft resolution and asking municipalities to adopt and send to Governor Pataki in support of this application.  

        On motion of  TRUSTEE Kane,  seconded by  TRUSTEE Wiegman,  the  following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York:

WHEREAS, Westchester County has recently submitted an application to host the Empire State Games in 2007; and

WHEREAS, the Empire State Games is the largest competition of its kind in the United States, a multi-sport event for amateur athletes patterned after the Olympic Games; and

WHEREAS, the Empire State Games in Westchester are expected to attract 6,000 athletes, their families and coaches to the County, boosting the economy for local restaurants, hotels, retail stores and entertainment and recreational venues; and

WHEREAS, Westchester’s many student-athletes and excellent athletic programs stand to benefit if Westchester hosts the Empire State Games in 2007; and

WHEREAS, hosting the Empire State Games is a great opportunity for the County to publicize its cultural, recreational, and historical attractions to the entire State of New York; and

WHEREAS, Westchester County has never been given the opportunity to host the Empire State Games before; and
WHEREAS, every Westchester municipality stands to benefit from Westchester County hosting the Empire State Games in 2007; and
NOW, THEREFORE BE IT RESOLVED:  that the Village of Croton-on-Hudson supports Westchester County’s application to host the Empire State Games in 2007 and will encourage our residents to support the application, and
BE IT FURTHER RESOLVED:  the Village of Croton-on-Hudson urges Governor Pataki to select Westchester County as the host of the 2007 Empire State Games, and
BE IT FURTHER RESOLVED:  a copy of this resolution be transmitted to Governor George Pataki, New York State Office of Parks, Recreation and Historic Preservation Commissioner Bernadette Castro, and Westchester County Executive Andrew J. Spano.

b)      A notice of Revised Residential Assessment Ratio which was adjusted to 3.22; not as high as last year, but a lot better than 1.58 which was the first assessment ratio.
c)      A certificate of final special franchise assessment; there were no changes from the tentative assessment; it will be an overall a loss of $66,525 in assessed valuation.
d)      A memo from Daniel O’Connor, Village Engineer, regarding a request from Mr. Algarin for extension of a building permit issued in 2003 which expires on 2/7/05; with a recommendation from Mr. O’Connor to grant a one year extension.  Trustee Kane made a motion to approve the one year extension, seconded by Trustee Schmidt, approved unanimously.  
e)      Trustee Schmidt referred to a letter from Gary Pettit, Recreation Advisory Committee requesting the Board put improvements in this building to top priority.  Village Manager Herbek replied that there is a meeting next Thursday, February 10th at 1 p.m. with the architect.

Maria Cudequest, 84 Grand St., regarding budget modification for dredging of the Yacht Club; stated that she sent an email last week regarding problems that occurred in other munici- palities where various facilities ended up with very bad fill; there were some issues within the solid waste commission about licensing the firms bringing in fill; she asked that the Village utilize the resources of the commission in this regard.  Ms. Cudequest added that the Journal News website has information worth reading; she asked if the fill had been bid out. Village Manager Herbek replied that the dredging contractor is arranging and paying for the fill.  Ms. Cudequest suggested that the Board assures the fill the company is bringing in is appropriate. Village Manager Herbek replied that they have visited the site; it is native soils that appear to have a silty loam texture.

Don Daubney, 45 Bungalow Rd., regarding the letter from County Executive Spano, asked if he includes in his letter where these events will be held.  Trustee Wiegman replied that yes, the letter indicates that the events will be held at colleges and universities in the county and listed them; he gave Mr. Daubney a copy of the letter.  Mr. Daubney stated also that several years ago there was a large meeting with people in the Village concerned with high school students who did not seem to have anything to do; he urged that the renovation project in this building is not pushed back; do not be reactionary, be pro-active and get things going.

Ann Gallelli, 20 Briggs Lane, on behalf of the Comprehensive Planning Committee, extended thanks for the cooperation from the Village Boards; one of the recommendations or goals identified in that Plan was a need to legislate the potential size of housing and design issues; public hearings were held in October, 2004; they met with this Board in November; these suggestions were incorporated in the paperwork before the Board tonight; this change is a major step in meeting the goals of the Comprehensive Plan.

a)      On motion of TRUSTEE Schmidt, seconded by TRUSTEE Kane, the following resolution was adopted unanimously as corrected by the Board of Trustees of the Village of Croton-on-Hudson, New York:

WHEREAS, after the Comprehensive Plan was adopted in January 2003, the Village Board requested the Comprehensive Plan Committee to work on zoning updates that would provide the regulatory framework for the village to accomplish the goals set out in the plan; and

WHEREAS, the Comprehensive Plan Committee; in conjunction with the Village’s consultant, Buckhurst Fish & Jacquemart prepared a Phase I Report of corrective code revisions which was submitted to the Village Board on July 19, 2004; and

WHEREAS, a full Environmental Assessment Form based on this report was prepared and circulated to all interested parties; and

WHEREAS, a Public Hearing was held and closed on October 12, 2004 to consider Local Law Introductory No. 6, Updating the Zoning Chapter of the Village Code and to consider the Environmental Assessment Form; and
WHEREAS, on December 6, 2004 the Village Board of Trustees adopted the Negative Declaration with respect to this matter; and

WHEREAS, all relevant comments from the Planning Board, other agencies, and the public reviewed by the Village Board of Trustees at the November 1, 2004 Work Session have now been incorporated in the final document,

NOW, THEREFORE BE IT RESOLVED: that the Board of Trustees does hereby adopt Local Law Introductory No. 6 of 2004, which, upon adoption, will become Local Law No. 1 of 2005, Updating the Zoning Chapter of the Village Code.

Local Law Filing                                                                     41 STATE STREET, ALBANY, NY 12231

        Village of Croton-on-Hudson

        Local Law No. 1  of the year 2005

A local law updating Chapter 230, Zoning, Chapter 120, Excavation, Filling, and Topsoil Removal, and Chapter 200, Subdivision of Land, of the Village Code

Be it enacted by the Board of Trustees of the

Village of Croton-on-Hudson as follows:

Section 1. Delete Chapter 200, Subdivision of Land

Section 2. Replace Chapter 120 Excavation, Filling, and Topsoil Removal with new Chapter 120 (attached)

Section 3 Chapter 230

A. Replace Article II – Definitions with new Article II (attached)

B. Replace Article III – Establishment of Zoning Districts with new Article III (attached)

C.      Article IV – District Use Regulations

1.      Replace §230-9 through §230-14 with new §230-9 through §230-14 (attached)

2.      Change title of §230-15 to read:  “Limited Office O-1 and O-2”
Note: text of §230-15 will remain the same

D.      Replace Article V – Multiple Development use with new Article V – Special Districts (attached)

E.      Delete Article VA

F.      Article VI – District Bulk and Parking Regulations

Replace §230-32 through §230-36 with new §230-32 through §230-36 (attached)

G.      Article VII – Supplementary Regulations

Replace §230-40 through §230-47 with new §230-40 through §230-47 (attached)

H.      Article X – Special Permits

1.      §230-56 – Renewal – Letter B – In second sentence change “§230-81” to §230-174
2.      §230-58 – Review of Application – First word in second sentence should be changed from “Ten” to “Fourteen.”

I.      Replace Article XI – Site Plan Approval with new Article XI (attached)

J.      Insert new Article XII – Subdivision of Land (attached)

K.      Delete old Article XII – Board of Appeals

L.      Insert new Article XIII – Planning Board (attached)

M.      Insert new Article XIV – Zoning Board of Appeals (attached)

N.      Replace old Article XIII – Administration and Enforcement with new Article XV – Administration and Enforcement - (attached)

O.      Replace old Article XIV – Amendments and Interpretation with new Article XVI – Amendments and Enforcement (attached)

Section 4. The following are to be added at the end of Chapter 230.

Schedule of Uses (attached)
Area Bulk and Bulk Schedule (attached)
Special Permit Schedule (attached)

Section 5.  This Local Law shall be effective upon filing in the office of the Secretary of State.

(The attachments can be obtained in the Village Clerk’s office.)

b) On motion of TRUSTEE Kane, 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 will be taking ownership of the new 2-way road and bicycle path that connects Croton Point Avenue with the Discovery Cove/Half Moon Bay Complex; and

WHEREAS, this road has been constructed in conjunction with Westchester County, WCI/Spectrum Communities, LLC, and Metro North; and

WHEREAS, Metro North has supplied an easement and Westchester County will be transferring the title of the road to the Village in the form of an inter-municipal agreement; and

WHEREAS, the road is located in two Critical Environmental Areas as designated by Westchester County in 1989; Croton Point Park and the Hudson River Shoreline;

WHEREAS, this action is subject to SEQRA review; and

WHEREAS, a full Environmental Assessment Form and a Coastal Assessment Form have been drafted;

NOW, THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby declares its intent to become Lead Agency with respect to this matter,
AND BE IT FURTHER RESOLVED:  that the Village Board of Trustees hereby authorizes the circulation of the Coastal Assessment Form and Full Environmental Assessment Form to the involved agencies – the County Board of Legislators and the Village of Croton on Hudson Waterfront Advisory Committee and to all interested agencies – the Village of Croton on Hudson Planning Board, the County Planning Department, the County Parks Department, the County Department of Public Works, and Metro North.
AND BE IT FURTHER RESOLVED:  that the Village Board of Trustees intends to declare itself Lead Agency at the end of the 30-day coordinated review period.  
 c)     On motion of TRUSTEE Wiegman, seconded by TRUSTEE Kane, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:

WHEREAS, the Village and Westchester County would like to share their GIS data; and

WHEREAS, the County has prepared an intermunicipal agreement providing for the sharing of the GIS data,

NOW, THEREFORE BE IT RESOLVED:   that the Village Manager is authorized to sign the attached Intermunicipal Agreement with Westchester County commencing January 1, 2005 and terminating January 1, 2010.

d)      Resolution calling for the state to enact legislation requiring proof of citizenship when registering to vote was held over for further discussion.  Village Attorney Waldman stated that he did not see anything in the resolution or accompanying memorandum that there was any problem that would cause this resolution to be made.   

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 Yacht Club Dredging project is underway; and

WHEREAS, poor soil conditions at the berm site are requiring 3000 cubic yards of fill to be imported for berm construction; and

WHEREAS, the amount in the Yacht Club Dredging capital account will not cover this additional cost; and

WHEREAS, the Village has funds it can use from the SEPRIEO cleanup capital account,

NOW, THEREFORE BE IT RESOLVED:  that the Village Treasurer is authorized to close capital project 003-8660-0200-0102-0076, and
BE IT FURTHER RESOLVED: that the Village Treasurer is authorized to transfer the $20,000 from the SEPRIEO capital account # 003-8660-0200-0102-0076 to the Yacht Club Dredging Project Account #003-7140-0200-0405-0124.

Discussion:  Trustee Wiegman thanked Dan O’Connor for checking this out; they were going to scrape before; it was questioned why they thought there would be enough top soil to form a berm; imported glacial till might be a good base material upon which topsoil could be placed.  Trustee Schmidt asked what the Village is doing with the dredged material.  Village Manager Herbek replied that the plan is to use it in the Beaverkill project, but it could be used in a variety of projects.  Trustee Schmidt suggested that the Village split the cost with the Yacht Club.  Village Manager Herbek replied that if this material is used for the field, should the Yacht Club be asked to split it; they are already contributing $90,000, but he will do whatever the Board wants.  Trustee Wiegman added that if this is being used as a permanent base at Croton Landing and if base material is not acquired with this contract, there would be added cost if the Village needs to go out and buy material elsewhere; he is happy with their contribution.


Maria Cudequest, 84 Grand St., distributed copies of documents to the Board.  She provided more detail on a civil lawsuit and consent decree; no agency that monitors MetroEnviro  followed up with this Ohio lawsuit; MetroEnviro ships its waste to various landfills including BFI Landfill, an Allied subsidiary; she spoke with several people from Ohio EPA last week; trainloads of waste came in pulverized & pre-processed that the Ohio EPA couldn’t tell what the material was; this landfill was cited for accepting material that was not identifiable as C&D debris; some of this waste originated from MetroEnviro; industrial waste came entirely from MetroEnviro;  the Ohio landfill has been ordered closed and penalized; Westchester  County was fully aware of this ongoing investigation; since 1998 the Board’s judgment has consistently found to be fundamentally flawed.  

Richard Pellicci, 65 Radnor Ave., thanked Maria Cudequest for her time & energy regarding MetroEnviro.  He asked about the garbage strewn along the roads; who is in charge of cleaning up this filth.  He added that the amount of garbage on Rts. 9 and 9a is a disgrace.  Village Manager Herbek replied that NYS Dept. of Transportation is in charge and the roadside is cleaned several times a year.

Al Pucci, 55 Hastings Ave., stated that he is concerned about water pipes within the Harmon section; there is still brown water; when will construction be started.  Village Manager Herbek replied that the final plan and design work is just about completed and has been submitted to the County Health Department; old galvanized pipes were installed in the early part of the century and it is a complicated project; this cannot go out to bid until the County Health Dept. gives its approval and they are now doing the final review; the plan is to have this top priority project started in the spring; it is not a good idea to start a project like this in late fall or winter; construction will run through 2005.  Trustee Wiegman added that the Village Engineer’s office is constantly in communication with the County Health Dept.; they may now be able to make improvements that may not have been done before; an informational pamphlet will be going out from the engineer’s office; it is a big project; the Water Department came to the Board several years ago with a long-term solution to dig up and replace main pipes and not patch; they have been working on this for a year and a half; information should be forthcoming within 6 to 8 weeks assuming the County gives its approval; the Village Engineer’s office has been contacting other firms such as Con Ed to assure any of their replacement and digging will take place before the project is begun.
Tom Brennan, North Riverside, stated that he understands that Karta Construction in Peekskill is going to open a C&D transfer station with a rail hub; MetroEnviro is not needed as much as the County thinks.
Trustee Wiegman made a motion to approve the minutes of the Regular Board Meeting held on January 18, 2005 as corrected.  Trustee Schmidt seconded the motion.  The Board voted unanimous approval.

Trustee Wiegman reported that the VEB has been working on the Village logo and hopes to have their recommendation for the February 15th meeting.  He added that the new zoning & procedural changes are terrific; they had full professional help with this; it was heavily discussed & debated; good compromises were made and the end result is that folks who do want to make major housing changes will be able to have one-stop shopping; it is an easier and cleaner process; the rate tables should be downloadable from the Village web site.

Trustee Kane thanked the Comprehensive Planning Committee, the Planning Board and all who worked on the important zoning updates.  Trustee Kane reported that he has noticed several bald eagles at Croton Point.

Trustee Schmidt stated that these zoning changes were quite a compromise and it will move the Village forward.  Trustee Schmidt reported also that Sunday the 6th is the 4th Annual Arboretum Winter Tree Identification walk which will be held sunshine or snow.  He added that a balloon test will be held at 11 am to 3 pm on Saturday at Symphony Knoll; this test is to indicate the height of the new proposed residence so people can have an idea of what it will look like.

Mayor Elliott asked for a motion to adjourn, to go into Executive Session to discuss a matter of real estate.

Trustee Kane made a motion to adjourn to Executive Session; Trustee Wiegman seconded the motion; approved unanimously.  This portion of the meeting was adjourned at 9:10 p.m.

Respectfully submitted,

Phyllis A. Bradbury, Secretary

Village Clerk