Skip Navigation
This table is used for column layout.
  • Citizen Action Center
  • Online Payments
  • Online Forms
  • Subscribe to News
  • Send Us Comments
  • Contacts Directory
  • Projects & Initiatives
  • Community Links
  • Village Code
 
 
Board of Trustees Minutes March 20, 2006
A regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, March 20, 2006 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY.

The following officials were present:


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

1.~~~~~~CALL TO ORDER
Mayor Schmidt called the meeting to order at 8:04 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
$35,676.00
Water Fund
      554.75
Capital Acct.
12,599.64
Total
$48,830.39

3.~~~~~~PUBLIC HEARING

Village Manager Herbek introduced David Stolman, President of Frederick P. Clark Associates, Lester Steinman, Esq. of Wormser Kiely Galef & Jacobs and Jill Slankis, who is a Planner with Frederick P. Clark Associates who worked on the Environmental Laws.

Mayor Schmidt announced the team would make a presentation and then each law would have a separate public hearing.  

Mr. Steinman gave a brief overview of the substance of the local laws and what the Village has been trying to accomplish and to answer any questions from the public and the board on the various Local Laws.

Mr. Stollman gave a brief overview of the changes to the Environmental Laws for Wetlands and Trees.

Local Law Introductory No. 3 of 2006, amending Chapter 115, Environmental.  Village Manager Herbek summarized the proposed law.  Mayor Schmidt opened the public hearing.

Fran Allen – Finney Farm – Wanted to congratulate the Village, the Board and all the individuals for the work they have done on these laws; there is still more work to do for those chapters we haven’t seen.  Wanted to assure that these laws are being complied with and stop work orders.  It reads that only the Village Engineer can issue stop work orders; we should change that so the Village Engineer is defined to be a Village Engineer or his/her designee and suggests using that throughout the laws.  The other smaller issue is at the top of page 2 having to do with the environment compliance consultant the permit approval is the approving authority and the Village Engineer are the group that approves it.  Would suggest that it be or the Village Engineer or the approving authority could approve it.  Heard that the 120-foot buffer is going to be changed by the State.  Mr. Stollman replied that the DEC buffer is 100 feet wide and we are proposing 120 feet and is not aware of any changes.  The buffer zone is not necessarily supposed to change whenever the DEC changes its buffer.  If the DEC changed it either up or down, the Village would have to evaluate if they want to change its buffer. It wouldn’t just be a knee jerk reaction to the State.  Mr. Steinman stated that in respect to the stop work order, on this and the other pieces of legislation they tied it to the procedure that exists under Chapter 86 for the Issuance of Stop Work Orders; believes there is a provision for the Village Engineer or his designee to do that and are protected in that regard.  On the second issue, why it’s phrased upon the recommendation of the approving authority and the Village Engineer was the thought that the approving authority would be the one to evaluate the entire project and the necessity for any environmental constraints consultant or compliance consultant and the Village Engineer would determine whether he, or his staff, had the capacity to do the monitoring or if they need some professional addition which is carried forward from the original legislation.

Mayor Schmidt closed the public hearing.

Trustee Wiegman made a motion to approve the following Local Law.  Trustee Kane seconded the motion; approved unanimously.


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



        Village of Croton-on-Hudson

        Local Law Introductory No. 4  of the year 2006

A local law in relation to the protection of environmentally sensitive areas during construction and development

Be it enacted by the Board of Trustees of the

Village of Croton-on-Hudson as follows:

Section 1.  Chapter 115 of the Code of the Village of Croton-on-Hudson entitled “Environmental Compliance” is repealed.
Section 2.      A new Chapter 115 of the Code of the Village of Croton-on-Hudson entitled “Environmental Compliance” is added to read as follows:   
“Chapter 115:  ENVIRONMENTAL COMPLIANCE
        Section 115-1. Legislative intent.
A.      The Village Board has been advised by the Village Engineer, Village Counsel and the Village Planning Board that the costs of ensuring compliance with applicable environmental standards and requirements regarding residential development, subdivision development, cluster development, commercial development, industrial development and any other development or construction activity in environmentally sensitive areas exceeds the resources presently available to the village.

B.      Increasingly, the Planning Board is approving subdivision and cluster developments which are subject to complex and detailed conditions in order to properly protect environmentally sensitive areas.  The village will be required to closely monitor construction and development on such sites in order to ensure full compliance with these detailed conditions and to prevent, to the maximum extent possible, environmental harm.

C.      Construction in environmentally sensitive areas may result in irreparable damage to the environment if prompt action is not taken by village officials.

D.      The Village Board of Trustees desires to allow development wherever practical, reasonable and in conformity with all applicable laws, rules and regulations and to concurrently assure that environmentally sensitive areas are actually developed in full compliance with all applicable village requirements relating to environmental protection and all applicable specific resolutions or other development approvals of any of the various village boards.


        Section 115-2.  Environmental Compliance Consultant.
                A.  Upon the recommendation of the approving authority issuing a subdivision, site plan, minor site plan, special permit or environmental constraints (wetlands, steep slopes or tree removal) permit approval, and the Village Engineer, the Board of Trustees may retain qualified professionals to act as an Environmental Compliance Consultant in order to ensure that environmentally sensitive areas are protected during the course of construction and land development.  The Environmental Compliance Consultant shall be qualified by education and training to inspect, monitor and evaluate compliance with conditions or requirements imposed by the approving authority designed to protect against or minimize the adverse environmental impacts of construction and land development.
                
        B.              When the approving authority issuing a permit or approval as specified in Subsection A above recommends in its resolution of approval the appointment of an Environmental Compliance Consultant, unless otherwise provided in that resolution, no land development or construction shall commence pursuant to such permit or approval until the Environmental Compliance Consultant has been retained by the Village Board of Trustees and is available to perform the duties authorized under this chapter or the expiration of sixty (60) days from the filing of the resolution of approval whichever is earlier.

        Section 115-3.  Powers and Duties of Environmental Compliance
                                  Consultant.

                The Environmental Compliance Consultant shall possess the following powers and shall perform the following duties:

                A.      Enter upon the land or site for which construction or land development approval has been granted, for the purposes of inspecting the premises and monitoring the construction or land development on the site, to ensure that all conditions or requirements designed to protect against or minimize adverse environmental impacts are being complied with.

                B.      Review approved site plans and other construction permits and plans and assure that construction and land development conforms to the conditions of those plans.

                C.      Perform such other duties consistent with this chapter as may be prescribed in any land development or construction approval or site plan.

                D.      Work with and be responsible to the Village Engineer in connection with the performance of all duties required by this chapter.

                E.      Where land development or construction approval requires that prior to disturbing the land, the holder of such approval shall physically stake the location of construction activities, wetland boundaries and/or associated 120-foot wetland buffers, any areas in which the terrain will be disturbed and/or the location of any other activity on the site plan, approval and plans, such staking shall occur subsequent to the granting of a building permit but not later than twenty (20) days prior to the commencement of land development or construction activity.  Upon completion of the staking, the holder of the land development or construction permit approval shall notify the Environmental Compliance Consultant who shall inspect the staking within ten (10) days of receipt of such notification and determine whether the staking is in conformity with the land development and construction approval and plans.

                F.      Recommend to the Village Engineer, or such other approval authority having jurisdiction, the relocation or adjustment, in the field, of the alignment and location of driveways, roads, utility lines, building envelope, any other construction or terrain disturbance in order to prevent the potential loss of significant terrain functions and to prevent potential adverse effects on the environment, consistent with the site plan and land development or construction approval.

                G.      Advise the Village Engineer where there is a failure to comply with the conditions or requirements of the land development or construction permit approval and recommend the taking of appropriate enforcement action to cure such violation.

        Section 115-4.  Stop-Work Orders; Enforcement; Appeals
A.      The Environmental Compliance Consultant may request the Village Engineer to issue a stop-work order requiring the cessation of construction, development or work of any type at any land or site for which development or construction approval has been granted if:

(1)     There is a failure to comply with the conditions or requirements of the development or construction approval or the site plan; or

(2)  There is a failure to maintain appropriate escrow accounts or other forms of financial security as may be required under the Village Code or any applicable permit resolution.

B.      Issuance of a stop-work order by the Village Engineer shall be as provided in Section 86-14 of the Village Code.  A stop-work order may be appealed by filing a written notice of appeal with the Planning Board not later than thirty (30) days after service of the stop-work order upon the applicant. A hearing shall be scheduled by the Planning Board within 20 days of receipt of request for a hearing.  After the close of the hearing, the Planning Board may confirm, modify or cancel the stop-work order.

                C.      Stop-work orders shall remain in force permanently unless rescinded by the Village Engineer or by the Planning Board after an appeal.  

                D.      The Village shall be empowered to enforce the requirements of any development or construction approval, site plan or stop-work order by means of any judicial remedy available to the Village, including but not limited to injunctive relief.

        Section 115-5.  Severability.

                If any provision of this chapter shall be held for any reason to be invalid, such determination shall not invalidate any other provision hereof.”


        Section 3.   This local law shall take effect immediately upon its adoption and filing with the Office of the Secretary of State.





Local Law Introductory No. 4 of 2006, amending Chapter 116, Environmental Quality Review.  Village Manager Herbek read the proposed law.  Mayor Schmidt opened the public hearing.

No comments were forthcoming.

Mayor Schmidt closed the Public Hearing

Trustee Steinberg made a motion to approve the following Local Law.  Trustee Brennan seconded the motion; approved unanimously.

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



        Village of Croton-on-Hudson

        Local Law No. 5 of the year 2006

A local law in relation to the environmental quality review of actions funded, undertaken or approved by the Village.

Be it enacted by the Board of Trustees of the

Village of Croton-on-Hudson as follows:

        Section 1.  Chapter 116 of the Code of the Village of Croton-on-Hudson entitled “Environmental Quality Review” is repealed.
        Section 2.   A new Chapter 116 of the Code of the Village of Croton-on-Hudson entitled “Environmental Quality Review” is added to read as follows:
“Chapter 116  Environmental Review
Section 116-1  Additional Type II Actions.
Consistent with the New York State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law), and the regulations promulgated pursuant to that statute (6 N.Y.C.R.R. Part 617, hereinafter Part 617), the following actions, in addition to those listed in Part 617 as Type II actions, are deemed to be Type II Actions:

A. Minor improvements by the Village designed or intended to correct localized water, sewer, or drainage problems alone or in conjunction with street resurfacing projects;

B.  Seasonal salting and/or sanding of roads, sidewalks, and parking lots.”

Section 3.  This local law shall take effect immediately upon its adoption and filing in the Office of the Secretary of State.



To consider Local Law Introductory No. 5 of 2006, amending Chapter 208, Trees.  Village Manager Herbek read the purpose of the proposed Local Law.
Mayor Schmidt opened the public hearing

Joe Biber, 204 Cleveland Drive and Chair of the Conservation Advisory Council, the CAC is pleased that the Village has begun to address the trees in the Village.  Up until now, only properties that are subject to subdivision, steep slopes or an endangered tree were regulated and in a Village that is largely built out that is a small area whereas privately owned property until today had no restriction on removal of trees.  The removal of trees is not just an individual property owners decision but should be put in the broader context of the removal of trees have on the effect on the block and the community as a whole.  They have been concerned about the removal of public street trees along with removal of private trees, which over time is changing the special character of Croton and support the key changes to the law.  Would like to see the clear cutting go a little further since as it’s written there is an allowance of up to 10 trees per year that can be removed; it slows the process but the entire property could be cleared over several years.  Would like to educate the public about this new law and the Village should consider mailing a brochure to all residents so everyone is formally notified.  The Village should impose the penalties for those that violate the laws and they should not be disregarded when they are in place.  Also stated that Earth Day will be April 29th between 9:00-12:00 at Senasqua Park.

Mayor Schmidt stated that we would constantly look at it to see if we need to tweak it and see if it is doing what we want it to.

Fran Allen, Finney Farm, stated that it would be useful to add any actions that would destroy street trees.  Mr. Steinman stated currently that Section 208.13 which would become 208.12 is entitled Removal of Healthy Trees prohibited could easily be changed to include remove or destroy and it wouldn’t change the substance of the chapter.  Trustee Wiegman asked if it could read it shall be unlawful to remove or cause the destruction of any healthy street tree without prior approval of the Department.  Mr. Steinman stated that it would be fine.  Mayor Schmidt asked that it be added in there.

Mayor Schmidt closed the public hearing.

Trustee Wiegman made a motion to approve the Local Law as amended.  Trustee Kane seconded the motion; approved unanimously.

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



        Village of Croton-on-Hudson

        Local Law No. 6 of the year 2006

A local law in relation to the regulation, planting and preservation of trees.


Be it enacted by the Board of Trustees of the

Village of Croton-on-Hudson as follows:

        BE IT ENACTED by the Board of Trustees of the Village of Croton-on-Hudson, as follows:
        Section 1.  Chapter 208 of the Code of the Village of Croton-on-Hudson entitled “Trees” is repealed.
        Section 2.   A new Chapter 208 of the Code of the Village of Croton-on-Hudson entitled “Trees” is added to read as follows:

“Chapter 208: TREES

ARTICLE I.  Street Trees
§ 208-1. Purpose.
The Village of Croton-on-Hudson has a vital interest in the planting and preservation of trees within its borders.  The preservation of trees as defined herein within the Village is necessary to protect the health, safety and general welfare of the Village because trees provide shade, impede soil erosion, aid water absorption and retention, inhibit excess runoff and flooding, enhance air quality, offer a natural barrier to noise, provide a natural habitat for wildlife, provide screening, enhance property values and add to the aesthetic quality of the community.
§ 208-1.1. Definitions.
As used in this Article, the following term shall have the meaning indicated:
STREET TREES — Trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues and rights-of-way within the Village.
§ 208-2. Designation of official custodian.
The Superintendent of the Department of Public Works, hereinafter also referred to as the "Department," shall serve as the official custodian of all street trees and develop, in consultation with the Conservation Advisory Council, an annual Street Tree Program.
§ 208-3. Duties and responsibilities of Department.
The duties and responsibilities of the Department shall be to:

A.
Study the problems and determine the needs of the Village of Croton-on-Hudson in connection with its street tree program.
B.
In consultation with the Conservation Advisory Council, determine the type and kind of trees to be planted upon Village streets or parts of Village streets or as designated.
C.
Work in conjunction with the Conservation Advisory Council in the dissemination of news and information regarding selection, planting and maintenance of trees within Village limits.
§ 208-4. Spacing of trees planted.
The spacing of street trees will be in accordance with the following size classes, and the preferred distances between trees are:   small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except in special plantings designed or approved by the Department in consultation with the Conservation Advisory Council.   Small trees are defined as having an ultimate height equal to or greater than 13 feet but less than 26 feet; medium trees are defined as having an ultimate height equal to or greater than 26 feet but less than 52 feet; and large trees are defined as having an ultimate height equal to or greater than 52 feet.
§ 208-5. Distance from curbs and sidewalks.
The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the species size, with final determination made by the Department.
§ 208-6. Distance from street corners and hydrants.
No street tree shall generally be planted closer than 35 feet to any street corner, measured from the point of the nearest intersection curbs or curblines. No street tree shall be planted closer than 10 feet to any fire hydrant.
§ 208-7. Distance from utilities.
No street trees may be planted over or within three lateral feet (small or medium) or five lateral feet (large) of any underground waterline, sewer line, transmission line or other utility.
§ 208-8. Rights of Village.

A.
The Village shall have the right to plant, prune, maintain and remove street trees within the lines of all streets, alleys, avenues, lanes, squares, sidewalks and public grounds, as may be necessary to ensure public safety or convenience or to preserve or enhance the symmetry and beauty of such public grounds. The Department may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which, by reason by its nature, is injurious to sewers, electric power lines, gas lines, waterlines or other public improvements or is affected with any injurious fungus, insect or other pest.
B.
This section does not prohibit the planting of street trees by adjacent property owners, provided that departmental review has been made and approval granted.
§ 208-9. Pruning of trees prohibited.
It shall be unlawful for any person, firm or Village department to prune any street tree or other trees on public property without written approval from the Department. "Pruning" is defined as the severe cutting back of limbs to stubs larger than three inches in diameter to such a degree as to remove the normal canopy and/or disfigure the tree. Trees severely damaged by storm or other causes or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this Article at the determination of the Department.
§ 208-10. Responsibilities of property owners.
Every owner of any tree or shrub on private property overhanging any right-of-way within the Village shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection or any traffic control device and so that there shall be a clear space of eight feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public. The Department shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sign or interferes with visibility at an intersection.
§ 208-11. Removal of stumps.
All stumps of street trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
§ 208-12. Removal of healthy trees prohibited.
In order to protect the Village's investment in time and resources in the Street Tree Program, it shall be unlawful to remove or cause the destruction of any healthy street tree without prior approval of the Department.
§ 208-13. Consent required for deviations.
Any deviation from this Article shall be unlawful without the express written consent of the Superintendent of the Department.
ARTICLE II. Tree Preservation  
§ 208-14. Purpose.

A.
The Board of Trustees finds that it has been established that trees stabilize the soil and control water pollution by preventing soil erosion and flooding, reduce air pollution, provide oxygen, yield advantageous microclimatic effects, temper noise and, further, that unusual, large and old trees have unique aesthetic and historic values. Indiscriminate removal of trees causes deprivation of these benefits and disrupts the Village's ecological systems. It is, therefore, the purpose of this Article to prevent the indiscriminate or unnecessary destruction of trees within the Village of Croton-on-Hudson.
B.
The Village, furthermore, takes note of the findings of the New York State Environmental Quality Review Act, Editor's Note: See Art. 8 of the Environmental Conservation Law, among them being the obligation of the Village to serve as a steward of air, water, land and living resources and the obligation to protect the environment for the use of this and further generations. It is the intent of the Village to recognize these responsibilities in part by providing these procedures as well as to preserve the health and welfare and rural character of the community which is reflected in the woodlands of the Village of Croton-on-Hudson.
§ 208-15. Definitions.
As used in this Article, the following terms shall have the meanings indicated:
APPLICANT — Any individual or individuals, firm, partnership, association, corporation, company, organization or other legal entity of any kind, including a municipal corporation, governmental agency or subdivision thereof, filing an application pursuant to this chapter.
APPROVING AUTHORITY — The Village Engineer or his or her designee or the Planning Board or Village Board as applicable, as specified in § 208-16C hereof.
CLEAR CUTTING — The cutting of more than ten (10) trees with a DBH of four (4) inches or greater on a lot, within any twelve (12) month period.
DIAMETER AT BREAST HEIGHT (DBH) — The diameter of a tree measured at a point four and a half feet above the ground, or at the highest measurable point of the remaining stump if less than four and a half feet, on the uphill side of the tree.
LANDMARK TREES — A tree as defined on a list of trees which may be promulgated and established by the Board of Trustees of the Village of Croton-on-Hudson which list is on file in the office of the Village Manager.
LOT — Any parcel of land, not necessarily coincident with a lot or lots shown on a map of record, which is occupied or which is to be occupied by a building and its accessory buildings, if any, or by a group of buildings having any land in common and the buildings accessory thereto, if any, together with the required open spaces appurtenant to such building or group of buildings.
REGULATED BUFFER ZONE — Any area of vegetative screening as established by an approved site plan, minor site plan, special permit or subdivision plat, or any area of a residentially-zoned property as measured from each perimeter property line of the property towards the interior of such property as follows:
                                Width of Regulated
Zoning District         Buffer Zone (feet)
RA-40                             15    
RA-25                                     10
RA-9                                        5
RA-5                                        3
RB (One-Family Residence)           3
RB (Two-Family Residence)           5
RC (One-Family Residence)           5
RC (Multiple Residence)            12
TREE — A living woody plant with an erect perennial trunk which is four inches or more in DBH.


§ 208-16. Tree removal permit required; approving authority.
A.      General regulations. A tree removal permit will be required before removing:
        (1)     Any tree eight inches or more in DBH on any parcel of land capable of being subdivided under the zoning provisions applicable to the district in which the parcel is situated or on any parcel of land without a residential structure or on any property which would require site plan approval to be developed.
        (2)     Any tree four inches or more in DBH growing on slopes of over 20%.
        (3)     Any threatened or endangered species of tree, regardless of size, as defined by the New York State Department of Environmental Conservation.            
(4)     Landmark trees as herein defined, regardless of size.
        (5)     Any tree four inches or more in DBH, the trunk of which is wholly or partially located in a regulated buffer zone as herein defined.
        (6)     More than ten trees with a DBH of four inches or greater on a lot, within any twelve month period.
B.      Exceptions.
        (1)     No tree removal permit shall be required for work to be done by or on behalf of the Village of Croton-on-Hudson.
        (2)     Trees may be removed by the appropriate agency or authority as may be necessary to maintain Village, county, state or utility right-of-way, as a control measure to fight forest or other fires or under such other actual or ongoing emergency condition when such tree removal is essential for the protection and preservation of life or property.
C.      Approving authority.

The approving authority for all applications shall be the Village Engineer or his or her designee, except that the Planning Board or Village Board, as applicable, shall be the approving authority for any application that is also the subject of a pending site plan, minor site plan, subdivision approval, wetlands permit or steep slopes permit in accordance with the requirements of the Code of the Village of Croton-on-Hudson.  Except as otherwise required in connection with the review of subdivision and site plan applications by the Planning Board and steep slope applications by the Village Board, the application for a tree removal permit shall not be subject to a public hearing and notification of adjoining or other property owners is not required.

D.      Standards for the granting of permits.

A tree removal permit shall normally be issued if any of the following conditions are met:

(1)     The location of the tree(s) clearly endangers the health, safety, welfare or property of the general public, the property owner or an adjoining property owner.

(2)     The location of the designated tree(s) prevents compliance with state, county or local standards for sight lines, driveways or intersections.

(3)     The location of the tree(s) prevents the property owner from undertaking otherwise approved construction or alteration because the location of the designated tree(s) substantially interferes with a permitted use of the property and the construction or alteration cannot be reasonably modified to accommodate the designated tree(s); written explanation may be required describing how the designated tree(s) interferes with construction or alteration and why the construction or alteration cannot be modified reasonably to accommodate the designated tree(s).

(4)     The designated tree(s), due to death, disease, blight, infestation, storm damage, accident or other condition, causes undue hardship for the property owner to maintain.

(5)     The tree is dead, or so substantially diseased that it constitutes a danger to persons, property or other trees.
        (6)     The removal of the tree is not inconsistent with good silvicultural, horticultural or vegetation management and will not have an adverse visual or ecological impact.           
E.      Planning Board or Village Board action which is deemed approval of tree removal.

Where tree removal is proposed in connection with any site plan, minor site plan, subdivision plat, wetlands permit or steep slope permit application submitted or to be submitted to the Planning Board or Village Board, as applicable, trees shall be removed from the affected property only in conjunction with an approved final subdivision plat, final site plan, minor site plan, wetlands or steep slope permit application.   A tree removal permit is not required in these cases.
§ 208-17. Permit application.
A. Any person proposing to conduct or cause to be conducted a regulated activity specified in § 208-16 hereof shall file an application for a permit with the approving authority as hereinafter provided. Such application shall include the following information:
(1)     The name and address of the applicant.
(2)     The address and Village Tax Map designation of the property on which the tree(s) is/are located.
(3)     The total land area involved in cutting operations.
(4)     The number and size in DBH of trees to be removed.
(5)     The purpose of the tree removal.
(6)     A survey of that section to be disturbed, showing location of any regulated buffer zone as herein defined as well as all trees, indicating those trees to be removed and those trees to be preserved, their species and their diameter. In the case of site plans, including minor site plans, and subdivision plats, the tree survey shall be submitted to the Planning Board or Village Board as applicable as a part of the site plan, subdivision plat, wetlands or steep slopes applications. Trees shall have numbering and tagging.  The numbering and tagging shall be both in the field as well as illustrated on the plan.    
(7)     Methods of removal.

B.
Where no subdivision, site plan, minor site plan, wetlands permit or steep slope permit application is involved, the survey requirement may be eliminated, and a plan drawn to scale showing the property lines and tree locations with the tree diameters noted by the applicant may be substituted for Subsection A(6) above.
C.
In cases where the Planning Board has received or will receive a site plan, minor site plan, or subdivision application involving the disturbance of 100 or more acres and where an acceptable erosion and sedimentation control plan has been or will be prepared for such project and where an environmental impact statement has been or will be prepared for such project, a sampling technique may be used to estimate the number, species and diameter of trees on the site and the number of trees proposed to be removed. The specifics of the sampling technique shall be subject to the approval of the Planning Board. Notwithstanding the above, all trees 22 inches in diameter at breast height and greater in any areas proposed to be disturbed shall be individually identified and marked in accordance with~~§~208-17A and 208-18C, respectively, of this Article.
§ 208-18. Conditions for granting permit.
The approving authority may, as a condition of granting a permit:
A.      Require the reasonable relocation of proposed foundation walls, driveways, grading, surface and subsurface improvements or drainage systems to preserve specific trees.
B.      Regulate the days and hours of operations.
C.      Require that each tree to be cut or removed be marked at one point low enough on the trunk to be visible after removal of the tree so as to permit subsequent inspection. Notwithstanding the above, where the use of a sampling technique has been approved, trees less than 22 inches in diameter at breast height need not be marked.
D.      Require such safeguards as appropriate to minimize the environmental impact of such removal operations.
E.      Require additional information, if the tree removal involves clear cutting, including but not limited to:
(1)     Complete plans for the restoration of the site after tree removal, which shall be certified by a recognized tree expert, drawn to a scale of not less than one (1) inch equals fifty (50) feet, and including the following:
(a)     Description of the proposed vegetative cover of the tree removal area, including dominant species before and after the tree removal.
(b)     The location of the tree removal in relation to property lines, roads, buildings and wetlands within one hundred (100) feet thereof.
(2)     Additional information as needed or deemed necessary by the approval authority to evaluate the proposed tree removal in terms of the goals and standards of this chapter.
F.      Require that the tree trunk, limbs, stump and any roots remaining above grade be removed to approximately two feet or less.
G.      Require that the disturbed area be backfilled, replanted and/or reseeded.
H.      Require that in the case of a tree destroyed or removed illegally, another tree or trees of comparable size, species and/or value be replanted at the expense of the property owner, for each tree removed.
I.      Require the planting of a replacement tree or trees.
J.      Impose such additional conditions as the approving authority deems necessary to ensure compliance with the policies and provisions of this chapter.
§ 208-19. Bond.

A.
Before issuing a tree removal permit, the approving authority may require the applicant to file with the Village a suitable bond or other security , payable to the Village, in an amount fixed by the approving authority and in a form approved by said approving authority and conditioned upon the faithful performance of the requirements of this Article, the observance of all municipal laws and compliance with conditions imposed in connection with the granting of the permit, to indemnify the Village for completing the work in accordance with this Article.
B.
Any bond or other security filed in accordance with the foregoing shall not be released until the Village Engineer has determined that, in all respects, the work proposed under the approval has been satisfactorily completed in full compliance with all provisions of this Article. Failure to timely complete the work in accordance with the terms and conditions of an approved plan and/or permit and to obtain a certificate of completion as provided in Section 208-23 may result in the forfeiture of the bond or other security and the Village shall be entitled to the full amount of said bond or other security for the purpose of complying with the provisions of this Article.

§ 208-20. Permit fee.
A tree removal permit application shall be accompanied by a fee in an amount set by resolution of the Board of Trustees.
§ 208-21. Inspection; indemnification.
Any site for which an application for a tree removal permit has been submitted shall be subject to inspection by the approving authority or its designated representatives upon notice to the property owner and applicant at any reasonable time, including weekends and holidays.  The applicant, by making application for such permit, shall be deemed to have given its consent to such inspection.  The applicant shall indemnify and hold the Village harmless against any damage or injury that may be caused by or arise out of any entry onto the subject property in connection with the processing of the application, during construction or performance of the work or within one year after the completion of the work.
§ 208-22. Term.
No permit shall be valid for more than one year after approval of an application by the approving authority unless otherwise specified by the approving authority.  All permits shall expire upon completion of the work specified therein.  The validity of any work duly completed pursuant to an existing permit shall not be affected by the expiration date.  Permits may be renewed by the approving authority upon application submitted at least 20 days before the expiration of the permit.  Standards for issuance of renewals shall be the same for the issuance of permits.
§ 208-23. Action upon completion of work.
A.      Within 30 days after completion of all tree removals authorized under a permit issued in accordance with this chapter, the applicant shall notify the Village Engineer of such completion.
B.      Within 30 days of such notification of completion of work, the Village Engineer shall inspect or cause to be inspected the tree removal site for compliance with all conditions of the permit.
(1)     When all tree removal(s) authorized under a permit are deemed to be completed in an acceptable fashion, the approving authority shall issue a certificate of completion, which shall be accompanied by cancellation or return of any bond collected for such permit.
(2)     When tree removals authorized under permit are deemed not acceptable, the approving authority shall so notify the applicant.  The notification of noncompliance shall include a list of all conditions in violation of the terms of the permit and shall specify a time limit for the correction of all items so listed.
§ 208-24. Suspension or revocation of permit.
A.      The approving authority may revoke or suspend a permit and/or request the Village Engineer to issue a stop-work order if it finds that the applicant has not complied with any or all of the terms of such permit, has exceeded the authority granted in the permit or has failed to undertake the project in the manner set forth in the approved application.
B.  Issuance of a stop-work order by the Village Engineer shall be as provided in Section 86-14 of the Village Code.  A stop-work order may be appealed by filing a written notice of appeal with the Planning Board not later than thirty (30) days after service of the stop-work order upon the applicant. A hearing shall be scheduled by the Planning Board within 20 days of receipt of request for a hearing.  After the close of the hearing, the Planning Board may confirm, modify or cancel the stop-work order.
C.      The approving authority shall set forth in writing its findings and reasons for revoking or suspending a permit pursuant to this section and keep a copy in the permit application file.
ARTICLE III.  Penalties; Appeals; Dead or Diseased Trees.
§ 208-25. Penalties for offenses.
A.      Any person, firm, corporation, or other entity who undertakes any regulated activity without a tree removal permit required by this chapter or who violates any condition attached to a tree removal permit, or who otherwise violates any of the provisions of this chapter shall be guilty of an offense punishable by a fine of not more than $250.00.  Each tree removed without a tree removal permit required by this chapter or in violation of any condition attached to a tree removal permit or otherwise in violation of this chapter shall constitute a separate offense.  For a second and each subsequent violation within a one-year period, the violator shall be guilty of an offense punishable by a fine of not more than $1,000.00 or a term of imprisonment of not more than 15 days, or both.  Notwithstanding the foregoing, a violation of Section 208-16A(6) shall be punishable by a fine of not more than $5,000.00 or a  term of imprisonment of not more than 15 days, or both.  Each violation of the provisions of this chapter shall be a separate and distinct offense, and, in the case of a continuing offense, each day’s continuance thereof shall be deemed a separate and distinct offense.  In addition, the court may order or direct a violator to replace any or all trees removed illegally, with a size and type selected by the Superintendent of the Department. The court shall specify a reasonable time for the completion of such restoration which shall be effected under the supervision of the Village Engineer.  

B.      In addition to the criminal penalties provided in §208-25A any person, firm, corporation, or other entity who undertakes any regulated activity without a tree removal permit required by this chapter, or who violates any condition attached to a tree removal permit, or who otherwise violates any provision of this chapter shall also be liable for a civil penalty not to exceed $3,000.00 for each such violation.  Each consecutive day of the violation shall be considered a separate offense.  Before assessment of the civil penalty, the alleged violator shall be afforded a hearing or opportunity to be heard before the Planning Board upon due notice and with right to specification of the charges and representation by counsel.  Such civil penalty may be recovered in an action brought by the Village in any court of competent jurisdiction.  Such civil penalty may be released or compromised by the Village and any action commenced to recover the same may be settled and discontinued by the Village.

C.      The Planning Board also shall have the power, following a hearing, to direct a violator to cease violation of this chapter and, under the Board’s supervision, to replace illegally removed trees and to restore satisfactorily the affected land to its condition prior to the violation, insofar as that is possible, within a reasonable time.  Exercising of this power may be with or without the imposition of a fine or civil penalty under subsection A and B hereof.

D.      Any civil penalty or order issued by the Planning Board shall be reviewable pursuant to Article 78 of the Civil Practice Law and Rules.

E.      The Village also shall have the right to seek equitable relief to restrain any violation or threatened violation of any provision of this chapter and to compel the replacement of any or all trees removed illegally and the restoration of the land affected to its condition prior to the violation of the provisions of this chapter.

F.      The Village shall not issue a building permit, temporary certificate of occupancy or certificate of occupancy for any property for which a violation of this chapter has been served, or for which an administrative or judicial proceeding has been commenced under this section, until said violation or proceeding is dismissed or resolved to the satisfaction of the approving authority or court, as is appropriate.
G.      The Village Engineer and Code Enforcement Officer(s) are hereby authorized to issue appearance tickets for violation of this chapter.
§ 208-26. Appeals.
A.      A determination by the Planning Board to grant or deny a tree removal permit may be reviewed by the applicant or any other aggrieved person by the commencement of an action pursuant to the provisions of Article 78 of the Civil Practice Law and Rules.  
B.      In the case of an application decided by the Village Engineer or the Village Engineer’s designee, the applicant or any other party aggrieved by such determination may seek review by appealing to the Planning Board, in which case the Planning Board shall become the approving authority for such application.  Such review shall be requested not later than 20 days after the filing of the subject decision by the approving authority.  
§ 208-27. Removal of dead or diseased trees.
The Department shall have the right to cause the removal of any dead or diseased trees on private property within the Village when such trees constitute a hazard to life and property or harbor insects or diseases which constitute a potential threat to other trees within the Village. The Department shall notify, in writing, the owners of such trees. Removal shall be done by said owners, at their own expense, within 60 days after the date of service of notice. In the event of failure of owners to comply with such provisions, the Department shall have the authority to remove such trees and charge the cost of removal to the owner.  If the charge is not paid within 30 days from the date of the bill, a penalty of 5% of the amount due shall be assessed, and a further penalty of 1% shall be added for each succeeding month or any portion thereof in which the charge is not paid.  The Village Manager shall cause, on the next succeeding April 15, any said unpaid tree removal charges and penalties thereon in excess of 60 days to be added to the village tax bills.  Said tree removal charges and penalties shall constitute a lien on the real property so affected.   
§ 208-28. Severability.
If any provision of this chapter shall be held for any reason to be invalid, such determination shall not invalidate any other provision hereof.”

Section 3.  This local law shall take effect immediately upon its adoption and filing in the Office of the Secretary of State.




To consider Local Law Introductory No. 6 of 2006, amending chapter 227, Wetlands.  Village Manager Herbek read the legislative findings of the proposed law.

Mayor Schmidt opened the public hearing.

Fran Allen, Finney Farm, stated on paragraph 227-7 B (2) b - suggested adding a tree survey.  Mr. Stollman stated that you don’t want surveying teams in a wetland.  It might be ok to have a tree survey in the buffer area and would recommend that if you want to make that change.  Stated that it could insert it in (b) and say a description of the vegetative cover of the wetlands including dominant species, as well as a description of the vegetative cover of the wetlands buffer, including a survey of all trees 8 inches or more in DBH within the wetlands buffer.  Attorney Stecich commented that the Professional Fees Law allows for the Planning Board, Zoning Board different boards to hire professional consultants and doesn’t include the Water Control Commission and it sounds like there might be occasion for them to need professional assistance and thinks we should modify the Professional Fees Law to add them and will draft something up.

Village Engineer Dan O’Connor wanted to point out the difference in what the new law and the existing law cover with respect to some of the minor streams in the Village.  The existing Wetlands Law covers what is termed rainfall drainage systems, which is a channel after a rainfall event that is full of water for a few days and then can dry up.  That channel has a buffer of 100 feet.  The new Wetland Law does not regulate stream channels that flow three months or more out of the year since we decided to put it in the Storm Water Law and will not be protected until the Storm Water Regulation is adopted.  The Village may want to consider postponing the adoption of the Wetlands Law until the Storm Water Law is ready so there is not lapse in coverage for some for those smaller drainage channels.

Mayor Schmidt closed the public hearing.

Trustee Brennan made a motion to table the Local Law.  Trustee Wiegman seconded the motion; approved unanimously.

Adoption of Negative Declaration for the adoption of the environmental laws.

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 has hired Frederick P. Clark Associates and Wormser Kiely Galef & Jacobs to help with the revisions of the Village’s environmental laws; and

WHEREAS, four new local laws have been drafted amending chapter 115 - environmental compliance, chapter 116 – environmental quality review, chapter 208 -  trees,  and chapter 227 – Wetlands; and

WHEREAS, these law has been reviewed by Village staff, the Village Attorney, the Planning Board, the Water Control Commission, and the Conservation Advisory Council and have been the subject of two Board of Trustees work sessions; and

WHEREAS, a Full Environmental Assessment Form has been drafted; and

WHEREAS, on February 21, 2006 the Village Board declared itself Lead Agency with respect to the adoption of the local laws

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees does hereby determine, based on the Environmental Assessment Form submitted to and reviewed by the Board, that this is an unlisted 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:  Trustee Steinberg stated that he thought the comment that Mr. Biber made on the brochure for the trees law is a very good idea and he would be happy to work on it.

4.~~~~~~CORRESPONDENCE

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

a.      Edward Buroughs, Deputy Commissioner, Westchester County Planning Board, re: 1A Croton Point Avenue – Lead Agency Designation
b.      John McManus, Crane, Parente, Cherubin & Murray, re: Proposed Condemnation of 1A Croton Point Avenue
c.      Fran Allen, Waterfront Advisory Committee, re: 1A Croton Point Avenue Project Consistency Findings
d.      Robert Gaudioso, Snyder & Snyder, re: Special Permit Application for Nextel, 1 Van Wyck Street.  Was referred to the Planning Board.  
e.      Robert Gaudioso, Snyder & Snyder, re: Special Permit Application for Nextel, Veterans Plaza.  Was referred to the Planning Board.  

Attorney Stecich stated that they did not include the statement of non-interference.  Mr. Snyder, of the firm Snyder & Snyder representing Nextel, stated that they would comply with that requirement.  Attorney Stecich stated that should establish an escrow account of $5,000 for both applications.  Trustee Steinberg approved the motion seconded by Trustee Wiegman.

Discussion:  Trustee Brennan wanted to say that not everyone is in favor of the cell towers and votes no in moving forward to the planning board.  

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

Joe Biber – 204 Cleveland Drive – Wanted to encourage support of the naming of the canoe launch as well as the plaque for the Echo Canoe launch.

6.      RESOLUTIONS

a.~~~~~~Declaration of Lead Agency for the eminent domain proceedings ~

On motion of Trustee Brennan, seconded by Trustee Steinberg, 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; and
WHEREAS, the Village is considering whether to acquire the property by eminent domain; and
WHEREAS, the Village Board of Trustees must consider the environmental impacts of acquiring the property by eminent domain and constructing a new facility for DPW and other Village uses; and,

WHEREAS, on February 6, 2006 the Village Board of Trustees declared its intent to serve as lead agency and authorized the circulation of the full Environmental Assessment Form and Coastal Assessment Form to the Village of Croton on Hudson Planning Board, the Village of Croton on Hudson Waterfront Advisory Committee, the Village of Croton on Hudson Water Control Commission, the Westchester County Department of Planning, the Westchester County Department of Transportation, the Westchester County Department of Parks, Recreation, and Conservation, the Westchester County Solid Waste Commission, the Westchester County Department of Health, the NYS Department of Transportation, the New York State Department of State, the New York State Department of Environmental Conservation, and Metro North Railroad, and;

WHEREAS, no agencies have come forth to serve as lead agency,

NOW, THEREFORE BE IT RESOLVED: that the Village Board of Trustees declares itself lead agency for the purpose of conducting a coordinated review,

b.~~~~~~Calling for Public Hearing to consider the 2006-07 Tentative Budget

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, Sections 5-504, 5-506 and 5-508 of New York State Village Law set forth certain procedures and dates for the adoption of the annual Village budget; and

WHEREAS, in accordance with Section 5-504 the Village Manager, as Budget Officer, will file the tentative budget with the Village Clerk on March 20, 2006; and

WHEREAS, Section 5-508.3 provides that a public hearing shall be held upon the Tentative Budget on or before the 15th of April;

NOW THEREFORE BE IT RESOLVED: that a Public Hearing is hereby called on the 2006-2007 Tentative Budget for Monday, April 10, 2006, at 8:00 p.m. in the Meeting Room of the Stanley H. Kellerhouse Municipal Building, Croton on Hudson, NY.

c.~~~~~~Calling for the naming of the boat launch at the Croton Harmon Train Station as Echo Canoe Launch

On motion of Trustee Kane, seconded by Trustee Brennan, the following resolution was unanimously adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York:
WHEREAS, the Conservation Advisory Council and Croton Historical Society have recommended that the boat launch at the Croton River be named for Theodore Cornu; and
WHEREAS, this matter has been discussed in a number of work sessions over the years; and
WHEREAS, Theodore Cornu was an environmentalist who fought against the railroad’s pollution of the Croton and Hudson Rivers; and
WHEREAS, Theodore Cornu wrote and published a newsletter called the Hudson River Echoe and urged citizens to become “Echoes” of the Hudson Valley and “save and faithfully defend from waste and pollution the natural resources of our country,”
NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby dedicates the Croton River canoe launch in Theodore Cornu’s memory and names the launch the “Echo Canoe Launch,”
AND BE IT FURTHER RESOLVED: that the Village Manager is authorized to have a plaque made with the name Echo Canoe Launch which will include information about Theodore Cornu as well as Dr. Daniel Salzberg who was also instrumental in helping to clean up the Croton River.
d.~~~~~~Adopting a Cyber Security Citizens’ Notification Policy

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

WHEREAS, under New York’s new Information Security Breach and Notification Act, every local government must individually adopt its own notification policy within 120 days of the State law’s effective date; and

WHEREAS, the law (Chapter 422 and 491 of the Laws of 2005) became effective on December 7, 2005; and

WHEREAS, cities and villages have until April 6, 2006 to adopt a notification policy; and

WHEREAS, NYCOM has supplied the Village with a draft policy and recommends adopting the policy either by resolution or by local law,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby adopts the following Cyber Security Citizens’ Notification Policy:  

Cyber Security Citizens’ Notification Policy
A.      This policy is consistent with the State Technology Law, § 208 as added by Chapters 442 and 491 of the Laws of 2005.  This policy requires notification to affected New York residents and non-residents.  New York State values the protection of private information of individuals. The Village of Croton on Hudson is required to notify an individual when the Village has learned that data that is maintained by the Village and contains an individual’s private information has been or is reasonably believed to have been compromised.
B.      The Village, after consulting with the State’s Office of Cyber Security and Critical Infrastructure Coordination (CSCIC) to determine the scope of the breach and restoration measures, must notify an individual when it has been determined that there has been, or is reasonably believed to have been a compromise of the individual’s private information through unauthorized disclosure.
C.      A compromise of private information means the unauthorized acquisition of unencrypted computerized data with private information.
D.      If encrypted data is compromised along with the corresponding encryption key, the data is considered unencrypted and thus falls under the notification requirements.
E.      Notification may be delayed if a law enforcement agency determines that the notification impedes a criminal investigation.  In such case, notification will be delayed only as long as needed to determine that notification no longer compromises any investigation.
F.      The Village will notify the affected individual directly by one of the following methods:
Written notice;
Electronic notice, provided that the person to whom notice is required has expressly consented to receiving notice in electronic form and a log of each notification is kept by the Village that notifies affected persons in such form;
Telephone notification, provided that a log of each notification is kept by the Village that notifies affected persons; or
Substitute notice, if the Village demonstrates to the state Attorney General that the cost of providing notice would exceed $250,000 or that the affected class of persons to be notified exceeds $500,000, or the Village does not have sufficient contact information.  The following constitute sufficient substitute notice:
E-mail notice when the Village has an e-mail address for the subject persons;
Conspicuous posting of the notice on the Village’s web site page, if the Village maintains one; and
Notification to major statewide media.
G.      The Village must notify, CSCIC as to the timing, content and distribution of the notices and approximate number of affected persons.  
H.      The Village must notify the Attorney General and the Consumer Protection Board, whenever notification to a New York resident is necessary, as to the timing, content and distribution of the notices and approximate number of affected persons.
I.      Regardless of the method by which notice is provided, the notice must include contact information for the Village making the notification and a description of the categories of information that were, or are reasonably believed to have been, acquired by a person without valid authorization, including specification of which of the elements of personal information and private information were, or are reasonably believed to have been, so acquired.
J.      This Policy also applies to information maintained on behalf of the Village by a third party.
K.      When more than 5,000 New York residents must be notified at one time, then the Village must notify the consumer reporting agencies as to the timing, content and distribution of the notices and the approximate number of affected individuals.  This notice, however, will be made without delaying notice to the individuals.

Definitions
Consumer Reporting Agency: Any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.  The state attorney general is responsible for compiling a list of consumer reporting agencies and furnishing the list upon request to the Village.
Data: Any information created, stored (in temporary or permanent form), filed, produced or reproduced, regardless of the form or media.  Data may include, but is not limited to personally identifying information, reports, files, folders, memoranda, statements, examinations, transcripts, images, communications, electronic or hard copy.
Information: The representation of facts, concepts, or instructions in a formalized manner suitable for communication, interpretation, or processing by human or automated means.
Personal Information: Any information concerning a natural person which, because of name, number, personal mark or other identifier, can be used to identify such natural person.
Private Information: Personal information in combination with any one or more of the following data elements, when either the personal information or the data element is not encrypted or encrypted with an encryption key that has also been acquired:
social security number; or
driver’s license number or non-driver identification card number; or
account number, credit or debit card number, in combination with any required security code, access code, or password which would permit access to an individual’s financial account
“Private information” does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.
Third Party: Any non-municipal employee such as a contractor, vendor, consultant, intern, other Village, etc.
Discussion:  Attorney Stecich suggested new proposed language for the last sentence in paragraph A.

e.~~~~~~Authorizing the Village Manager to accept the proposal from Dvirka & Bartilucci for the design of a check dam for the Brook Street drainage area

On motion of Trustee Brennan, seconded by Trustee Kane, the following resolution was unanimously adopted as amended by the Board of Trustees of the Village of Croton-on-Hudson, New York:
WHEREAS, the Storm Water Management Plan for the Brook Street Drainage Area recommended the installation of a check dam to be constructed immediate upstream of the existing closed drainage culvert on Brook Street approximately 300 feet east of Route 9; and

WHEREAS, Dvirka & Bartilucci have prepared a proposal for engineering services for the design work, preparation of construction documents and permit applications; and

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the proposal with Dvirka & Bartilucci in the amount of $14,579 for engineering services for the design of the check dam in the Brook Street drainage area,

AND BE IT FURTHER RESOLVED: ~that this amount should be charged to capital account #8660-200-0304-113.

f.~~~~~~Adoption of the National Incident Management System

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:
Adoption of the National Incident Management System

WHEREAS, in Homeland Security Presidential Directive (HAPD)-5, the President directed the Secretary of the Department of Homeland Security to develop and administer a national Incident Management System (NIMS), which would provide a consistent nationwide approach for federal, state, local and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to, and recover from domestic incidents, regardless of cause, size of complexity; and

WHEREAS, the collective input and guidance from all federal, state, local and tribal homeland security partners has been, and will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS; and

WHEREAS, it is necessary that all federal, state, local, and tribal emergency management agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; and

WHEREAS, to facilitate the most efficient and effective incident management it is critical that federal, state, local and tribal organizations utilize standardized terminology, standardized organizational structures, uniform personnel qualification standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters; and

WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and resources will improve the state’s ability to utilize federal funding to enhance local and state agency readiness, maintain first responder safety, and streamline incident management processes; and

WHEREAS, the Incident Command System components of NIMS are already an integral part of various incident management activities throughout the state, including all public safety and emergency response organizations training programs; and

WHEREAS, the National Commission of Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees does hereby mandate the National Incident Management System be utilized for all incident management in the Village of Croton on Hudson, New York effective immediately.

g.~~~~~~Authorizing the Village Treasurer to publish the list of unpaid property taxes for the year 2005-2006 and to advertise and sell the tax liens for the fiscal year 2005-2006.

On motion of Trustee Wiegman, seconded by Trustee Steinberg, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:
Be it resolved that notice is hereby given that the taxes for the year 2005-2006 of the Village of Croton on Hudson are unpaid on the real property described on the list attached herewith, and

Be it further resolved that and in accordance with Article 14, Title 3 of the Real Property Tax Law (Section 1455), that the advertisement of the notice required by law be published in the official newspaper(s) of the Village, and

Be it further resolved that the Village Treasurer be authorized to advertise and sell tax liens for the fiscal year 2005-2006 as shown in the attached schedule of accounts of unpaid taxes.

Discussion:  Trustee Wiegman asked if the third name on the list was a misspelling and should be the same as the first two names.  Treasurer Zambrano said that the spelling should be identical.  Village Manager Herbek stated that some of these have been paid and if they have they will not be published.  
7. CITIZEN PARTICIPATION - NON-AGENDA ITEMS

Andy Dickie, representing Best Web, Was there to see if he could answer any questions to the request they made at the last meeting to the consent agreement to run a fiber circuit over Village property.  Three issues came up at the last meeting one of which was the SECOR and whether it was required and it appears that the environmental short form is required which he submitted to the Village.  The second was on franchise fee; they are asking for a consent agreement, which is not a franchise.  The third issue is the physical aspects of the installation.  There are no boxes; it is just a fiber strand that goes from the high school underground to a pole on the high school property; goes aerial on Old Post Road to Five Corners; onto Cleveland Drive along to Gerson Street to the end at CET; down that pole, underground and into CET.  Attorney Stecich stated that she had some questions and will be meeting with Village Engineer Dan O’Connor.  Village Engineer O’Connor asked if they need to install any poles.  Mr. Dickie replied that they are using all existing poles.  The only issue is if Con Ed refuses access to the pole but he doesn’t think they will since they would have to justify it.

8. APPROVAL OF MINUTES: ~March 6, 2006, March 6, 2006 Executive Session

Trustee Kane made a motion to approve the Minutes of the Regular Board Meeting held on March 6, 2006 as corrected.  Trustee Brennan seconded the motion.  The Board voted unanimously approval.

Trustee Kane made a motion to approve the Minutes of the Executive Session held on March 6, 2006 as submitted.  Trustee Wiegman seconded the motion.  The Board voted unanimous approval.

9.      REPORTS

Village Manager Herbek – Wanted to compliment the Village Attorney on her submission to Judge Nicolai that he thought was extremely well written even though we haven’t had a decision yet.  Distributed the tentative budget for fiscal year 2006-2007.  The total fund budget is $14,013,996 which requires $9,187,753 to be raised by taxes and a tax rate of $208.88 per $1,000 of assessed valuation.  This proposed rate is $17.99 higher than the rate for 2005-2006, which represents a 9.43% tax rate increase.  The expense increase is $868,385 or 6.6% higher.  With respect to the legal expenses, they have hit us hard over the last several years.  For the record, we have spent in excess of $765,000 defending the Village’s position on the Millennium Pipeline and over $736,000 on Metro Enviro Transfer issue.  The major factor was the settlement agreement of the tax certiorari action with Hudson National Golf Course.  We are recommending an 8% increase of the Water Fund; establishing the sewer fund for the first time with a projected cost of $150,201; listed capital improvements, which required borrowing $1,394,000 if all of this is approved by the board.  We will provide this information to the public at the library and the Village website as well as the Village office.

Treasurer Zambrano – Wanted to say that the department heads did a great job and submitted budgets that were very consistent with what is going on.  Reported that he will be attending with two other individuals from his department the GFA in Albany on April 5, 6, 7.

Trustee Wiegman – Reported there is an Energy Fair at the Municipal Building next week on how to save money on your fuel bill.  Also reported there will be safe haven training in Ossining for all the new soccer coaches and you can go to crotonsoccer.org website for that information.  In regards to the Environmental Laws wanted to tip his hat to Ann Gallelli who has worked very closely with Dan O’Connor and his staff and our consultants over the last year and a half.  She has had a 20-year interest in these laws.

Trustee Kane – Wanted to thank the staff and Fran Allen and Joe Biber for their input and dedication to our environmental movement in the Village.  The polls are open tomorrow from 6 a.m. to 9 p.m. in the Municipal Building.

Trustee Steinberg – Thanked Attorney Stecich for the litigation papers in connection with the TRO that was submitted to Judge Nicolai.  It does a really nice job of explaining the Village’s position.  Asked for a portion of the memorandum be posted on the website.  Under the Stars dinner dance with the Education Foundation is still accepting donations for the silent auction and he has Karen Kelesch’s email address if anyone is interested.  Attended a joint session between the Recreation Advisory Committee and the Community Center last week and it was impressive to see what the needs are.

Trustee Brennan – They are putting together focus groups and is trying to contact every group in the Village to see what their needs are.  After the focus groups meet, they will be putting some type of survey out to the residents to get their input and to see which way we want to move on t his.  Would like to thank Joe and the people at Fred Clark & Associates in developing the environmental laws and wanted to congratulate everyone.  We are looking to keep the budget numbers down which is very important to the Village.  Our financial condition according to the accounts is excellent and he contributed that to the Village Board in the last year.  Also thanked Marianne on her briefs that she submitted.

Attorney Stecich  - Reported that a decision should be reached by tomorrow morning and, hopefully, it will be in our favor and if not is prepared to go up to the Appellate Division. The special counsel on eminent domain no longer has a conflict and passed out a copy of his resume to the board.  After we get the appraisal and review, we might want to meet with him.

Mayor Schmidt reported that tomorrow is Election Day and that voting is downstairs in the Municipal Building and will look at ways to reduce the budget.

Trustee Brennan made a motion to adjourn.  Trustee Steinberg seconded the motion; approved unanimously.  The meeting was adjourned at 10:17 p.m.

Respectfully submitted,

Marla Pardee, Secretary



_______________________________
Village Clerk