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Board of Trustees Meeting July 18, 2005
A Special Meeting of the Board of Trustees of the Village of Croton on Hudson, NY, was held on Monday, July 18, 2005 at the Municipal Building, Van Wyck Street, Croton on Hudson, NY  10520. The meeting was called to order by Mayor Schmidt at 7:30 pm.

The following officials were present:

        Mayor Schmidt
        Trustee Brennan
        Trustee Kane
        Trustee Steinberg
        Trustee Wiegman
        Manager Herbek
        Attorney Stecich
        Engineer O’Connor
        Treasurer Zambrano
        Recreation Superintendent Menz
        Parks Foreman Neff
        Chair of Parks and Recreation Advisory Board Giglio
        Planning Board Chair Gallelli

1. Resolutions

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

WHEREAS, on January 27, 2003, the Village Board decided to refuse to renew and thereby to terminate, the Special Use Permit held by Metro Enviro Transfer LLC (“Metro Enviro”) for its waste transfer station (“the Facility”), based on the long series of intentional violations of lawful requirements committed at the Facility by Metro Enviro, and directed the Facility to cease accepting waste on midnight on February 17, 2003; and

WHEREAS, on January 31, 2003, Metro Enviro instituted an Article 78 proceeding in New York State Supreme Court challenging the Village Board’s decision; and

WHEREAS, on February 19, 2003, the New York State Supreme Court granted the Article 78 petition and annulled the Village Board’s decision; and

WHEREAS, on May 10, 2004, the New York State Supreme Court, Appellate Division, Second Department, reversed the decision below and reinstated the Village Board’s decision of January 27, 2003; and

WHEREAS, on July 6, 2005, the New York Court of Appeals affirmed the decision of the Appellate Division; and

WHEREAS, during the pendency of the litigation, the Village cited Metro Enviro for several additional violations in connection with the operations of the Facility; and

WHEREAS, on July 11, 2005, the Village Board met with its special environmental counsel to discuss the implications of the Court of Appeals decision; and

WHEREAS, on July 11, 2005, the Mayor announced at a public meeting of the Village Board that Metro Enviro would be directed to cease accepting waste on July 23, 2005, and thereupon to begin the 90-day closure period mandated by the Operation and Maintenance Manual; and

WHEREAS, the Village’s special environmental counsel communicated these dates to Metro Enviro’s counsel by telephone late the evening of July 11, and by letter delivered by facsimile on July 12, 2005;

NOW THEREFORE, BE IT RESOLVED:  Based on the Findings Statement issued on January 27, 2003, and on all subsequent events and proceedings, the Village Board hereby adopts and ratifies the decision announced on July 11, 2005, and hereby directs Metro Enviro to cease accepting waste on the close of business on July 23, 2005, and thereupon to begin the 90-day closure period mandated by the Operation and Maintenance Manual.

2. Peter M. Drexler, CPA, a resident of the Village who lives at 215 Half Moon Bay Drive made a presentation to the members of the Village Board about a proposal for Croton Landing primarily involving the construction of a row of 20 townhouses that would provide a backdrop to the parkland to hide the train yard and buffer its noise and provide a revenue source to the Village which could be used to fund landscaping and maintenance of the park among other things. His proposal also involved locating a restaurant using part of the parking lot immediately to the south of the park adjacent to land that is now being used by the Croton Yacht Club. He recommended that the Village establish a non-profit foundation/ authority which would be controlled by the Board of Trustees and operated similarly to other authorities in the State of New York. Mr. Drexler’s proposal is on file in the Village office and the Board of Trustees thanked Mr. Drexler for his ideas and the amount of work that he put into his proposal.

3. Discussion of proposed field at Croton Landing with members of AYSO and Croton Little League. Terry Lukin, President of Little League, discussed the field needs of Little League with the members of the Board. Ms. Lukin expressed that Little League would like to use a portable backstop at Croton Landing after the field is developed for primarily the seven and eight year old children in the program. The portable backstop would be paid for by Little League and would have to be stored at the site. She said that this should not detract from the “Great Lawn” as has been discussed by various groups who have worked on waterfront planning uses of Croton Landing.  Dan Howald, Commissioner of AYSO, discussed AYSO’s field needs and also said that portable goals could be used for their requirements. AYSO would be looking for some accommodation to store the portable goals. Mr. Howald also said that ideally it would be great if the field area could be 70 yards by 100 yards instead of 60 yards by 100 yards as this could accommodate two soccer games taking place simultaneously. Ms. Lukin and said that approximately 30 to 35 parking spaces would be needed at Croton Landing for Little League. Dan Howald will be letting the Board know of AYSO’s parking requirements. Sue Menz, Art Neff and Chair of the Recreation Advisory Committee John Giglio were also in attendance to listen to the presentation.

4. Discussion of Transit Oriented District Report. Ann Gallelli reviewed the Transit Oriented District Study which was prepared by Buckhurst Fish & Jacquemart in conjunction with the Comprehensive Plan Committee. This primarily involved possible future uses of the Croton Harmon railroad station which is an important regional rail transportation hub, providing commuter service to New York City via Metro North, as well as services to major cities elsewhere via Amtrak. The importance of this hub is underlined by the fact that Croton-on-Hudson provides adjacent surface parking for almost 2000 vehicles at the station involving approximately 16 acres of land. Given it’s strategic location the report explored how this land could be improved to serve future community needs, increase revenue for the Village and improve the overall appearance and image of the train station hub.

Ms. Gallelli reviewed the three design options which were identified in the report and summarized them for the Board. The options are as follows:

        Option 1: Improved landscape and parking accommodations.
        Option 2: Restaurant and Retail Development.
        Option 3: Mixed Use development.

Ms. Gallelli also reviewed the preliminary fiscal analysis and the various tables of the pros and cons of each option.

5. Dan O’Connor reviewed with the Board a property on Quaker Bridge Road which needs to rebuild a retaining wall. The old railroad tie retaining wall holds up the driveway access to the property and is in an unstable condition and must be replaced. The work must be staged from Quaker Bridge Road and may involve shutting the road down for brief periods when rock is being moved onto the site. The Board asked to have a road sign placed to warn motorists of this upcoming work and the possible short road closings.

6. Executive Session – At 9:25PM Trustee Brennan moved to go into executive session to discuss litigation involving Metro Enviro, Striclin Realty with Village Attorney Marianne Stecich and and two personnel matters with the Village Manager. The resolution was seconded by Trustee Kane and approved unanimously. No actions were taken in executive session and the meeting ended at 10:30pm.

Respectfully submitted,

Richard F. Herbek