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Village of Croton-on-Hudson
1 Van Wyck Street
Croton-on-Hudson, NY 10520

Phone: 914-271-4781
Fax: 914-271-2836


Hours: Mon. - Fri., 8:30 am - 4 pm
 
Board of Trustees Minutes January 17, 2006
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Tuesday, January 17, 2006 at the Municipal Building, One Van Wyck Street, Croton-on-Hudson, NY  10520.

The following officials were present:


Mayor Schmidt
Attorney Stecich
Trustee Kane
Village Manager Herbek
Trustee Brennan
Treasurer Zambrano
Trustee Steinberg
Absent:  Trustee Wiegman

1.~~~~~~CALL TO ORDER:
Mayor Schmidt called the meeting to order at 8:05 p.m.  Everyone joined in the Pledge of Allegiance.

2.~~~~~~APPROVAL OF VOUCHERS:
Trustee Kane made a motion to approve the vouchers as follows, subject to review by the Audit Committee.  The motion was seconded by Trustee Brennan and approved unanimously.

General Fund
15,756.97
Water Fund
5,176.30
Capital Acct.
Trust & Agency
3,650.52
Total
$24,583.79

3.~~~~~~PUBLIC HEARING:
To consider Local Law Introductory No. 1 of 2006, adding a chapter on professional fees   Village Manager Herbek read the full text of the proposed law.  Mayor Schmidt opened the public hearing.

Ann Gallelli, Planning Board Chair, 20 Briggs Lane, speaking on behalf of the Planning Board.  Often in the past they required professional services to support their own efforts.  This is a good step in the right direction to put it into the law and was a direct result of the Environmental Law Review that has been going on for the last year and a half.  The Planning Board supports this whole heartily and it is good thing for the Village to have as a statute.

Public hearing was closed.

Trustee Brennan made a motion to approve the following Local Law.  Trustee Kane seconded the motion; approved unanimously.  Upon adoption the law becomes No. 2 of 2006.

NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing                                                        41 STATE STREET, ALBANY, NY 12231

        Village of Croton-on-Hudson

        Local Law No. 2  of the year 2006


A local law adding Chapter 178 – Professional Fees

Be it enacted by the Board of Trustees of the

Village of Croton-on-Hudson as follows:

Section 1. a new Chapter 178 entitled Professional Fees to read as follows:

§ 178-1.  Reimbursement of Professional Review Fees.

        The Board of Trustees, the Planning Board and the Zoning Board of Appeals, in the review of any application presented to it, may refer such application to such planner, engineer, environmental expert, attorney or other professional as such Board shall deem reasonably necessary to enable it to review such application as required by law.  Fees charged by such professionals shall be in accord with fees usually charged for such services in the metropolitan New York region or pursuant to an existing contractual agreement between the Village and such professional.  All proper charges shall be paid by the Village upon submission of a Village voucher.  The applicant shall reimburse the Village for the costs of such professional review services upon receipt of a copy of the voucher or, at the discretion of the reviewing board, in accordance with §178-2 of this chapter.  The payment of such fees shall be required in addition to any and all other fees required by this or any other section of this chapter or any other Village law or regulation.

§ 178-2.  Escrow Accounts.

        A.  At the time of submission of any application, or during the review process, the reviewing board may require the establishment of an escrow account from which withdrawals shall be made to reimburse the Village for the cost of professional review services.  The applicant shall then provide funds to the Village for deposit into such account in an amount to be determined by the reviewing board based on its evaluation of the nature and complexity of the application.  The applicant shall be provided with copies of any Village voucher for such services as they are submitted to the Village.

        B. Where the Board of Trustees, Planning Board or Zoning Board of Appeals establishes an escrow account for an application, such reviewing board shall not be required to consider that application until the deposit required under this chapter has been made.

        C.  When the balance in such escrow account is reduced to one-third (1/3) of its initial amount, the applicant shall deposit additional funds into such account to bring its balance up to the amount of the initial deposit.  If such account is not replenished within thirty (30) days after the applicant is notified, in writing, of the requirement for such additional deposit, the reviewing board may suspend its review of the application.  

        D.  A building permit or certificate of occupancy shall not be issued unless all professional review fees charged in connection with the applicant’s project have been reimbursed to the Village.

                E.  After  all pertinent charges  have been paid, the Village shall refund to the applicant any funds remaining on deposit.

        § 178-3.  Environmental Compliance Consultant.

                The provisions of this chapter shall also apply to the reimbursement of expenses incurred by the Village Board in connection with the appointment of an Environmental Compliance Consultant pursuant to Chapter 115 of this Code.

§ 178-4.  Effective Date; Applicability.

        This chapter shall become effective upon its adoption and filing with the Secretary of State.  This chapter shall be applicable to applications pending at the time it becomes effective, unless the reviewing board shall determine that its application would be impracticable or unjust in the particular circumstances.  Where this chapter shall be applicable to a pending application, and where no other provision of the Village Code requires the payment of such fees, the reviewing board shall require an applicant to pay for fees only for services rendered after it shall have become effective.


4.~~~~~~CORRESPONDENCE:

Village Manger Herbek read the following correspondence (full text available at the Village Office):

a.~~~~~~Clara Lou Gould, Chair, Hudson-Fulton-Champlain Quadricentennial Commission, re: Hudson-Fulton Champlain Quadricentennial Commemoration 2009.  Mayor Schmidt stated that it would be referred to the Village historian and put on a future work session to discuss.

b.~~~~~~Ann Gallelli, Chair, Comprehensive Plan Committee, re: Referral on Amortization and Third Post-Comprehensive Plan Phase of zoning changes.  Mayor Schmidt stated that it would be discussed at a work session on January 23, 2006.  It will require some funding; is sure that we are going to move forward on it since this is the final part of the Comprehensive Plan that they didn’t get to in the original phases.

5.~~~~~~CITIZEN PARTICIPATION – AGENDA ITEMS

None


6.~~~~~~RESOLUTIONS

a.      Adoption of the Negative Declaration on the Symphony Knoll project

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

Negative Declaration of
Environmental Significance Pursuant to
6 NYCRR Part 617 (SEQRA)
Regarding a Joint Application by the
Village of Croton-On-Hudson and the
Croton Housing Network, Inc.
to Construct New Affordable Housing Units
to be known as Symphony Knoll


        WHEREAS, the Village of Croton-On-Hudson, New York (Village) published a request for proposals seeking persons interested in constructing affordable housing within the Village; and

        WHEREAS, the Croton Housing Network, Inc. (CHN) submitted a proposal to construct 11/ 12 units of housing by combining a portion of the 8+ acre lot that presently hosts Mt. Airy Woods with a .6± acre parcel owned by the Village and improved with a (vacant) single family home, cottage and shed to create a zoning-compliant parcel suitable for development of multi-family housing; and

        WHEREAS, on or about June 1, 2004, the Village Board of Trustees selected CHN as the preferred developer and endorsed CHN’s plan to develop new affordable housing on Mt. Airy Road and encouraged CHN to pursue funding from state and county sources to support the project; and

        WHEREAS, CHN seeks to develop 11/ 12 units of affordable housing in a new 3 story building to be known as Symphony Knoll (SK), in recognition of the late Levina McClure; and

        WHEREAS, on or about October 13, 2005, CHN submitted a full Environmental Assessment Form (EAF) to the Village describing the project and identifying the several agencies involved in reviewing and approving various aspects of application; and

        WHEREAS, on or about November 7, 2005, the Village Board declared its intent to serve as “lead agency” of the environmental review and thereafter circulated Part 1 of the EAF to each involved agency with a notice indicating that in the event any involved agency failed to object within 30 days, the Village Board of Trustees would assume lead agency status; and

        WHEREAS, 30 days have passed since the EAF was circulated to each involved agency and no involved agency has objected to the Village Board of Trustees serving as lead agency;

        NOW, THEREFORE, BE IT RESOLVED that the Village Board of Trustees hereby assumes the role of lead agency for purposes of conducting coordinated environmental review of the proposed Symphony Knoll project to construct 11/ 12 units of affordable housing as proposed by CHN;

        AND, BE IT FURTHER RESOLVED, that

        WHEREAS, the Village has reviewed the EAF, and its appendices, and discussed various aspects of the EAF with the CHN and Village staff members, specifically Parts 1 and 2, as well as the Visual Addendum and Supplemental Addendum addressing specific areas of concern; and

        WHEREAS, based on a description of the proposed action as set forth in Part 1 of the EAF the Village declares the proposed action to be an “unlisted” action within the meaning of 6 NYCRR §617.2(ak); and

        WHEREAS, the Village Board has reviewed and considered the EAF and all supporting and supplemental materials submitted in connection with the environmental review, including (i) a professional review of traffic impacts; (ii) a field investigation by an ornithologist; and (iii) computer-generated visual simulations of the proposed site; and

        WHEREAS, the Village Board has discussed the proposed project with Village staff and professionals retained by CHN and is satisfied that all relevant areas of environmental concern have been identified, including the potential for archeological resources that may be revealed during the Phase 1b field investigation to be commenced as soon as weather permits;

        NOW, THEREFORE, the Village Board hereby concludes, finds and determines as follows:

This negative declaration of environmental significance has been prepared in accordance with Article 8 of the Environmental Conservation Law;

The proposed application to create a new zoning-compliant lot and construct 11/ 12 units of affordable housing will not (i) pose a substantial adverse change in air quality, given the size and scope of the proposal; (ii) have a negative impact on ground or surface water quality; (iii) cause a substantial adverse change in traffic, as documented by the professional traffic report included in the Supplemental Addendum accompanying the EAF; (iv) substantially increase solid waste production, given the size and scope of the project; (v) cause a substantial increase in the potential for erosion, flooding, leaching or drainage, given the applicant’s commitment to comply with “Best Management Practices” during construction; ~(vi) pose a significant impact to a quantity of vegetation or fauna, given the limited size and scope of the project; (vii) interfere with any species of plant or animal listed as endangered or threatened, as documented by the report of an experienced ornithologist who investigated the site; (viii) impact a designated critical environmental area; (ix) conflict with the community’s comprehensive plan; (x) cause or contribute to any health hazard; or (xi) indirectly contribute to any adverse environmental impact when the cumulative effects of the project in toto are considered;

The applicant has identified all anticipated and potential adverse environmental impacts that may flow from the proposed project;

The visual impact of the project will be minimal, given (i) the height of the proposed building, i.e., 34'; (ii) the topography and location of the building, i.e., on a hill and set back from the street; (iii) and the applicant’s commitment to add screening and buffer the view;

And, moreover, based on the computer-generated simulations and photographs of the balloon test, the visual impact has been reasonably mitigated;

Based on the location of the project, i.e., set back and elevated, it is generally visible to a small number of persons, i.e., persons traveling southbound on Mt. Airy Road by car or on foot, for a very limited duration;

The applicant has gone to great lengths to minimize the visual impact by selecting colors and construction materials common to the Village and by limiting height to the minimum height necessary to accommodate the project;

The proposal is in harmony with surrounding land uses and provides an appropriate “transition” from the commercial sector of the village, located ½ mile to the south, to the surrounding residential area, which includes multi-family housing;

The project will not generate any odors, vibrations, dust, or hazardous waste and will not, therefore, be offensive to surrounding property uses, or pose a negative impact on surrounding property values;

The developer, CHN, has agreed to return to the Planning Board and consult the Planning Board if the 1b archaeological field investigation reveals that areas of the site to be disturbed by construction contain “significant archeological resources;”

        THEREFORE, based on the entire record, discussions with experts, discussion with residents and staff, the Board as lead agency finds and concludes that no single impact will pose a significant adverse impact on the environment and, moreover, the cumulative effect of all impacts taken as a whole will not have a significant adverse impact on the environment;

        ACCORDINGLY, the Village hereby declares the proposed action will not have a significant adverse environmental impact

This declaration is subject to and conditioned on the applicant agreeing to return to the Planning Board in the event the 1b archeological investigation produces results indicating (a) that areas of the proposed site merit further archeological investigation, and (b) that such archeological investigation would be impossible if the project is built as proposed.  In such event, CHN and the Village Planning Board shall agree to a plan that reasonably balances the property owner’s right to proceed with construction with the need to protect an historic site.  The Board further states that no building permit shall be issued until after the Phase 1b archeological report has been completed.

Name and Address of Lead Agency:
Village Board of Trustees
Village of Croton-On-Hudson
One Van Wyck Street
Croton, New York 10520
914.271.4781

For additional information contact:
Nance Shatzkin
Croton Housing Network, Inc.
132 Old Post Road North
Croton, New York 10520
914.271.9464

Location of Proposed Housing Project:
15 -25 Mount Airy Road
Tax Map ID: Section 67, Subsection 20, Block 3,
lots 2 and 36
Village of Croton-On-Hudson, New York
Town of Cortlandt

SEQRA Classification:
Unlisted Action

Discussion:  Attorney Stecich stated that the height of the proposed building is 34’ because the variance from the Zoning Board was such.  Was concerned that the proposal is to develop 11/12 units of affordable housing but the traffic study was done based on 11.  They did get a letter today from the traffic consultants saying that whether 11/12 their report is the same.  Trustee Kane asked Nancy Shatzkin if all that remains is the archeology study to be completed.  Nancy stated that there is a whole planning board process to be completed but it completes the environmental assessment and hopes that it will be completed by Spring.  Trustee Kane congratulated CHN for a very professional job.  Trustee Brennan congratulated them and asked where the line between 11/12 was.  Ms. Shatzkin stated that there are two considerations; they have a need for an office since the network doesn’t have any office space and this created an opportunity to create some kind of management office and there are various cut off points which accounting and admisistrative responsibilities becomes more erroneous and 12 units is one of those breaking points.  It is 11 units with a management office.  Trustee Brennan asked if some time in the future it could be turned into an apartment.  Ms. Shatzkin stated that if they were lucky enough to find another office.  It will be built with a bathroom and kitchen facilities but would cost some money to convert it.  All of their contracts with the County will be for building 11 units.  Mayor Schmidt congratulated them on their work.

b.  Authorizing the acceptance of 3.5 acres from the Croton Housing Network and the merging of this 3.5 acres with the 0.6 acre Village-owned parcel formerly known as the McClure property

On motion of Trustee Brennan, 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 of Croton-On-Hudson, New York (Village) published a request for proposals seeking persons interested in constructing affordable housing within the Village; and

WHEREAS, the Croton Housing Network, Inc. (CHN) submitted a proposal to construct 11/ 12 units of housing by combining a portion of the 8+ acre lot that presently hosts Mt. Airy Woods with a .6± acre parcel owned by the Village and improved with a (vacant) single family home, cottage and shed to create a zoning-compliant parcel suitable for development of multi-family housing; and

WHEREAS, on or about June 1, 2004, the Village Board of Trustees selected CHN as the preferred developer and endorsed CHN’s plan to develop new affordable housing on Mt. Airy Road and encouraged CHN to pursue funding from state and county sources to support the project; and

WHEREAS, CHN seeks to develop 11/ 12 units of affordable housing in a new 3 story building to be known as Symphony Knoll (SK), in recognition of the late Levina McClure; and

WHEREAS, on or about October 13, 2005, CHN submitted a full Environmental Assessment Form (EAF) to the Village describing the project and identifying the several agencies involved in reviewing and approving various aspects of application; and

WHEREAS, the Village has reviewed the EAF, and its appendices, and discussed various aspects of the EAF with the CHN and Village staff members, specifically Parts 1 and 2, as well as the Visual Addendum and Supplemental Addendum addressing specific areas of concern; and

WHEREAS, the Village Board has reviewed and considered the EAF and all supporting and supplemental materials submitted in connection with the environmental review, including (i) a professional review of traffic impacts; (ii) a field investigation by an ornithologist; and (iii) ~computer-generated visual simulations of the proposed site; and

WHEREAS, on January 17, 2006 the Village Board assumed the role of lead agency for purposes of conducting a coordinated environmental review of the proposed Symphony Knoll project and issued a negative declaration of environmental significance,

NOW THEREFORE BE IT RESOLVED THAT:

(1) The Village agrees to accept title from CHN of 3.5 acres, as described on the attached Schedule A, of the 8 acre parcel known as Mt. Airy Woods, a/k/a Sec. 67, Subsec. 20, Blk 3, Lot 36, in exchange for the sum of $1.00;

(2) The Village hereby declares the 3.5 acre parcel (a portion of Sec. 67, Subsec. 20, Blk 3, Lot 36) merged and conjoined with a .6± acre parcel, described on the attached Schedule B, presently owned by the Village and designated on the tax map as Sec. 67, Subsec. 20, Blk 3, Lot 2; ~

(3) Authorizes the Village Manager to execute any and all documents necessary to convey this same 4.09 acre parcel, as described on the attached Schedule C, to Westchester County for the purposes of creating new affordable units that comply with the County guidelines defining affordable housing;

(4) Authorizes the Village Manager to execute any and all applications for funding assistance from various sources in order to defray the cost of this project; and

(5) Further authorizes the Village Manager to execute new covenants and easements to allow public infrastructure to be developed and moreover giving residents access to a new trail link.

Schedule A

All that certain piece or parcel of land, lying and being situate in the Village of Croton-on-Hudson, Town of Cortlandt, County of Westchester, State of New York, being more particularly described as follows:

Beginning at a point in the westerly line of Mount Airy Road, where the same is
intersected by the northerly line of lands now or formerly of Donofrio; running thence from said point of beginning, and along said lands of Donofrio, N 64’41’10’’ W a distance of 100.06 feet to a point; thence S 26’44’00” W a distance of 33.01 feet to a point; thence S 24’23’40’’ W a distance of 29.54 feet to a point; thence S 16’34’40” W a distance of 16.65 feet to a point; running thence along lands now or formerly of Cohut, N 50’23’30” W a distance of 137.00 feet to a point; thence S 29’31’40’’ W a distance of 45.78 feet to a point, thence S 29’21’30” W a distance of 38.18 feet to a point; running thence along lands now or formerly of the Village of Croton_on_Hudson, N 50’23’30’’ W a distance of 89.57 feet to a point; thence S 39’36’30” W a distance of 88.00 feet to a point; thence S 50’23’30’’ E a distance of 108.99 feet to a point; thence running along lands now or formerly of Schumacher and lands now or formerly of Rockett, S 37’03’30” W a distance of 2.74 feet to a point; thence continuing S 31’23’10’’ W a distance of 66.93 feet to a point; thence continuing S 28’23’20” W a distance of 112.12 feet to a point; thence continuing along lands now or formerly of Rockett and running along lands now or formerly of Sarcone and lands now or formerly of Provenzano, S 37’49’50” E a distance of 166.98 to a point in the westerly line of Grand Street; running thence along Grand Street, S 52’48’40” W a distance of 13.00 feet to a point; running thence along lands now or formerly of Tramaglini, N 40’06’40” W a distance of 167.69 feet to a point; thence N 46’36’40” W a distance of 144.98 feet to a point in the easterly line of Lot 26, as shown on County Clerk Map No. 24524; running thence along the easterly line of Lot 26 and Lot 25, as shown on the aforesaid map, N 18’00’00” E a distance of 410.00 feet to a point; thence running along lands designated as “Open Space” as shown on County Clerk Map No. 24524, N 18’00’00’’ E a distance of 155.22 feet to a point; thence continuing along said lands, N 07’00’00” E a distance of 104.30 feet to a point; thence running in an easterly direction, S 40’24’41” E a distance of 230.25 feet to a point; thence along lands now or formerly of McClure, S 1 1’15’40” W a distance of 98.82 feet to a point; running thence S 81”53’40” E a distance of 225.57 feet to a point in the westerly line of Mount Airy Road; running thence along the westerly line of Mount Airy Road S 09’41 ’04” W a distance of 174.62 feet to a point being the point and place of beginning, containing within said bounds 3.507 acres of land, more or less.

Schedule B
All that certain piece or parcel of land, lying and being situate in the Village of Croton_
on_Hudson, Town of Cortlandt, County of Westchester, State of New York, being more
particularly described as follows:
Beginning at a point in the westerly line of Mount Airy Road, where the same is
intersected by the northerly line of lands now or formerly of McClure; running thence from said point of beginning, N 89’15’20” W a distance of 225.50 feet to a point; running thence S 11’15’40’’ W a distance of 98.82 feet to a point; running thence S 81’53’40” E a distance of 225.57 feet to a point in the westerly line of Mount Airy Road; running thence along the westerly line of Mount Airy Road, N 09’41 ’10” E a distance of 127.61 feet to a point being the point and place of beginning, containing within said bounds 25,342 square feet of land, more or less.

Schedule C
All that certain piece or parcel of land, lying and being situate in the Village of Croton_
on_Hudson, Town of Cortlandt, County of Westchester, State of New York, being more
particularly described as follows:

Beginning at a point in the westerly line of Mount Airy Road, where the same is
intersected by the northerly line of lands now or formerly of Donofrio; running thence from said point of beginning, and along said lands of Donofrio, N 64’41 ’ 10” W a distance of 100.06 feet to a point; thence S 26”44’00” W a distance of 33.01 feet to a point; thence S 24’23’40” W a distance of 29.54 feet to a point; thence S 16’34’40” W a distance of 16.65 feet to a point; running thence along lands now or formerly of Cohut, N 50’23’30’’ W a distance of 137.00 feet to a point; thence S 29’31’40” W a distance of 45.78 feet to a point, thence S 29’21 ’30” W a distance of 38.18 feet to a point; running thence along lands now or formerly of the Village of Croton_on_Hudson, N 50’23’30” W a distance of 89.57 feet to a point; thence S 39’36’30” W a distance of 88.00 feet to a point; thence S 50’23’30” E a distance of 108.99 feet to a point; thence running along lands now or formerly of Schumacher and lands now or formerly of Rockett, S 37’03’30’’ W a distance of 2.74 feet to a point; thence continuing S 31”23’10” W a distance of 66.93 feet to a point; thence continuing S 28’23’20” W a distance of 112.12 feet to a point; thence continuing along lands now or formerly of Rockett and running along lands now or formerly of Sarcone and lands now or formerly of Provenzano, S 37’49’50’’ E a distance of 166.98 to a point in the westerly line of Grand Street; running thence along Grand Street, S 52’48’40’’ W a distance of 13.00 feet to a point; running thence along lands now or formerly of Tramaglini, N 40’06’40” W a distance of 167.69 feet to a point; thence N 46’36’40” W a distance of 144.98 feet to a point in the easterly line of Lot 26, as shown on County Clerk Map No. 24524; running thence along the easterly line of Lot 26 and Lot 25, as shown on the aforesaid map, N 18’00’00” E a distance of 410.00 feet to a point; thence running along lands designated as “Open Space” as shown on County Clerk Map No. 24524, N 18’00’00” E a distance of 155.22 feet to a point; thence continuing along said lands, N 07’00’00” E a distance of 104.30 feet to a point; thence running in an easterly direction, S 40’24’41’’ E a distance of 230.25 feet to a point; thence S 89’15’20’’ E a distance of 235.50 feet to a point in the westerly line of Mount Airy Road; running thence along the westerly line of Mount Airy Road S 09’41 ’04’’ W a distance of 30 1.63 feet to a point being the point and place of beginning, containing within said bounds 4.089 acres of land, more or less.

Discussion – Treasurer Zambrano asked when this would be taking effect since they need to make some adjustments with the parcels for tax purposes.  Village Manager Herbek asked if these were all off the tax role and stated that he believes that the Symphony Knoll property was taken off the tax rolls and we requested that it be taken off the town rolls as well.  The other parcel for Mt. Airy Woods is already off the rolls.  Nancy Shatzkin stated that Mt. Airy Woods were off the town rolls but not the Village rolls.  They pay village taxes on Mt. Airy Woods but not town or school.  It becomes affected when it is filed in the office of Land Records.  Attorney Stecich stated that there has to be a closing.

c.      Authorizing the Village Manager to sign the Letter of Agreement with Arnold & Porter to reflect its adjusted fee schedule.

On motion of Trustee Kane, seconded by Trustee Brennan, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:
WHEREAS, the Village has appointed the firm Arnold & Porter as the Village Council for the Metro Enviro litigation; and

WHEREAS, the firm has provided the Village with an updated fee schedule to accurately reflect the current charges for Michael Gerrard and Kerry Dziubek,

NOW, THEREFORE BE IT RESOLVED: ~that the Village Board of Trustees hereby accepts the current fee schedule as outlined in the January 4, 2006 letter to the Village Manager from Michael B. Gerrard,

AND BE IT FURTHER RESOLVED: ~that the Village Manager is hereby authorized to sign the letter agreeing to the current fee schedule.

Discussion:  Trustee Kane asked if this is an increase in rates.  Mayor Schmidt stated that this is correct and that we have Attorney Stecich doing the lion’s share of the work on this right now and Mike Gerrard is still helping us but not as heavily involved.  Trustee Steinberg stated Mr. Gerrard is more involved on a consulting basis.

d.      Setting the date and location of the 2006 Village election.

On motion of Trustee Kane and seconded by Trustee Steinberg, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:
RESOLVED that the annual Village Election of the Village of Croton on Hudson, NY, shall be held Tuesday, March 21, 2006, at the following polling place:

Community Room, Municipal Building in the Village of Croton on Hudson, at which election the polls will be open from 6 a.m. to 9 p.m.
e.      Authorizing the Village Manager to sign the amended lease agreement with the Croton Arboretum and Sanctuary, Inc. reflecting the incorporation of the property formerly owned by Mann, Section 67.12, Block 1 and Lot 5.
On motion of Trustee Brennan, 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 Croton Arboretum and Sanctuary, Inc., in a letter dated November 30, 2006, has requested the Board annex the 2-acre Village-owned property Section 67.12 Block 1 Lot 5 to the 20 acres leased by the Arboretum; and

WHEREAS, this matter was discussed at the December 5, 2005 Village Board of Trustees meeting;

WHEREAS, this matter was reviewed by the Village Attorney and referred to the Conservation Advisory Council and the Trails Committee for their review; and

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the amended lease agreement with the Croton Arboretum and Sanctuary incorporating the 2-acre parcel Section 67.12 Block 1 Lot 5.

Discussion:  Trustee Brennan stated that the Arboretum Board is very happy to take lease of this property, to be partners with the Village and that this moved as quickly as it could.  Mayor Schmidt asked if they are going to do some improvements on this.  Trustee Brennan stated that he was not sure and said that it was going to take some time.  

f.      Calling for a Public Hearing on February 6, 2006 at 8 pm in the meeting room of the Stanley H. Kellerhouse Municipal Building to determine the Village’s need for the property owned by Greentree Realty, LLC, 1A Croton Point Avenue, Section 78.16 Block 2 Lots 1 and 2 as the first step in the process of taking the property by eminent domain.
On motion of Trustee Steinberg, 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 of Croton-on-Hudson has a need for a large parcel of property on which to locate a new Department of Public Works (DPW) facility to replace the existing Municipal Garage and locate the salt shed, new materials storage, excavated material storage, composting and leaf storage, and other DPW and public uses; and

WHEREAS, the Village has been looking for many years for an available parcel in the Village to accommodate those uses; and

WHEREAS, the Village has identified the 9.7+ acre parcel of property at 1A Croton Point Avenue as the appropriate size and location to meet the Village’s need for a new DPW facility;

NOW, THEREFORE, BE IT RESOLVED: that the Village Board of Trustees, pursuant to §§ 201 and 202 of the New York State Eminent Domain Procedure Law, hereby calls for a public hearing on February 6, 2006 at 8 pm in the meeting room of the Stanley H. Kellerhouse Municipal Building to determine the need for the 9.7+ acre parcel of property at 1A Croton Point Avenue for a DPW facility and other public purposes.

Discussion – Trustee Kane asked if this was a lengthy process.  Attorney Stecich stated that it could take six months to two years.  Mayor Schmidt announced that it would be discussed at a work session this Monday with DPW.

7.~~~~~~CITIZEN PARTICIPATION – NON-AGENDA ITEMS

Bob Wintermeier – 43 Radnor Avenue - He was pleased to see that the board was addressing a third alternative; eminent domain.  When we were fighting Allied Waste and he asked what it would cost to take over that property, he came up with a number of $10M.  He is hoping that whatever this eminent domain leads to that it is less than $10M since that is a strain on the taxpayers.  There has been a suggestion on amortization and isn’t sure if that is the same one that Ann Gallelli is talking about in correspondence.  He is assuming that amortization is negotiating with Greentree and NIR and if that’s the case, he still has some concerns since he is not in favor of negotiating.  If we are going to negotiate, we need citizen protection.  If we end up negotiating for a permit, we need enforceable clauses and penalties.  We will need limits, number of times that an event occurs and if they occur too often, they should be evicted.  We should make sure that we don’t have any C&D material coming in from out of our area.  If we have to negotiate with Greentree, we should go with a short timeframe.

Don Daubney, 54 Bungalow Road – On the subject of affordable housing, he came before the Board a year ago and it was mentioned that the location was an ideal spot for solar energy.  He hopes that this might still be on the table with the increased cost of energy in the past year, the use of solar energy is very much something that should be considered.

Sharon Stern -- Came motivated by a flyer that was on her car at the train station that indicated that there would be a discussion tonight about the repeated flooding at the train station where she has parked for the past 17 years.  She is not a resident of Croton but a resident of Cortlandt Manor.  She has paid substantial revenue to the Village of Croton.  There are over 2,000 people who commute on a regular basis and who park their cars there.  It is the largest train station system and charges, at least to non-residents, the highest monthly fees.  Her concern, as well as others, is that the repeated flooding situation has gotten to an unbearable point.  The conditions have gotten worse over the past year.  There have been at least two or three occasions within the last six months where there has been a need to close part of the lot.  Her car has been damaged and currently is at the repair shop needing repair for two computers and to remove water that has gotten into the automobile while parking in what she considers a fairly safe portion of the lot.  She implored the Board to give consideration as to shoring up the area that bounds the swamp area in sections G & H of the parking lot.  Lessons can be learned by what happened down south in New Orleans after Hurricane Katrina about the need to have foresight and prevention and not wait until havoc strikes.  Perhaps this could be put on as an agenda item.  There would be a lot of people who, both positively would have good suggestions and of course negatively would complain that go along with this forum.

Trustee Steinberg asked if she had a copy of the flyer that was on the car and if the Village produced it.  Ms. Stern stated that she did not have the flyer on her and that it didn’t indicate that it was sponsored by the Village and thought it was sponsored by someone that did not enjoy having his/her car flooded and was looking for some vocal support for that.  Trustee Brennan stated that he was contacted by a couple of residents about the problem down there and mentioned it to the Board and Village Manager and believes that they do have something scheduled for the next work session to talk about the problem and to see if there is any kind of resolution to move forward to come up with some answers.  Trustee Steinberg stated that for future meetings the Village has an informative website that produces the agenda.  Mayor Schmidt stated that we would look into it.

8.~~~~~~APPROVAL OF MINUTES: January 3, 2006

Trustee Brennan made a motion to approve the minutes of the Regular Board Meeting held on January 3, 2006 as corrected.  Trustee Steinberg seconded the motion.  The Board voted approval with Trustee Kane abstaining.

9.~~~~~~REPORTS

Village Manager Herbek reported that they have started working on the budget process for fiscal year 2006-2007.

Trustee Kane thanked the residents for the telephone calls, emails, and notes on his recent surgery on his shoulder; he is recovering slowly and glad to be back at work.

Trustee Steinberg reported that he confirmed with the School Board that both Boards will be having their joint meeting on January 30th at 7:30 p.m. at the High School Library.  The agenda will be finished next week and will be distributed ahead of time to the respective boards.

Trustee Brennan reported that the next Community Center meeting would be held on Tuesday, February 7th at 7:30 p.m. in the Community Room at the Municipal building.

Mayor Schmidt reported that he attended the MLK ceremony on Sunday that was sponsored by the Interfaith Community and the various other people in Croton that put it together every year.  It is a great event and he would like to try next year to get it taped and put on the village TV channel.

Mayor Schmidt announced that there would be a short meeting for advice of counsel immediately following this meeting.

Trustee Steinberg made a motion to adjourn.  Trustee Brennan seconded the motion; approved unanimously.  The meeting was adjourned at 9:05 p.m.


Respectfully submitted,

Marla Pardee, Secretary




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Village Clerk