Board of Trustees Minutes January 2, 2007
Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, January 2, 2007 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY.

The following officials were present:

Mayor Schmidt
Trustee Brennan
Trustee Kane
Trustee Gallelli
Trustee Wiegman
Treasurer Zambrano
Attorney Staudt

The following officials were absent:

Manager Herbek

Mayor Schmidt called the meeting to order at 8:07p.m.  Everyone joined in the Pledge of Allegiance.  Mayor Schmidt also asked for a moment of silence in memory of President Gerard Ford.

Trustee Brennan made a motion to approve the vouchers as follows; the motion was seconded by Trustee Kane and approved unanimously.

General Fund
Water Fund
Capital Fund
Trust Fund
Debt Fund


Introductory Local Law No. 10 of 2006, Amending Section 230-15, Limited Office, to allow Day-Care Centers on a lot having a minimum of 25,000 square feet, subject to the issuance of a special permit by the Board of Trustees.

Treasurer Abe Zambrano stated that this came to the Board after the owners of Happy Tots showed interest in a property located at North Riverside Avenue.  Mr. Zambrano advised that Happy Tots has subsequently withdrawn their application, but the Board felt that it was in the best interest of the Village to go ahead with this change for future applications.  Mr. Zambrano advised that the Planning Board has also sent a letter of recommendation in support of this change.

A motion to open the Public Hearing was made by Trustee Kane and seconded by Trustee Brennan.

There being no comments to come before the Board, the Public Hearing was closed.

Trustee Gallelli stated that as Liaison to the Planning Board she attended Planning Board meetings where this issue was discussed.  Trustee Gallelli said that what the Planning Board found was a clear need for day care facilities in the area and that the O1 and the O2 Zones which allow uses that are available in the RB Zone would be an acceptable place for day care centers provided that certain protections were put in place.  Trustee Gallelli said that this law provides a careful balance between the protections that are needed for the surrounding properties and the needs of day care centers.  Trustee Gallelli said that day care centers are a heavily regulated business with very strict state and health laws that govern the licensing of these facilities.  

Mayor Schmidt commented that the Planning Board did review all the parcels in the O1 zone and there were only a handful that would qualify in this designation.

Trustee Kane directed the Board to a typographical error on page 9 of the SEQRA Review; the number of parcels that meet the minimum requirement should read 5 rather than the 8.

Trustee Brennan stated that he supports this amendment and that paragraph G enables the Board to change and adapt the needs if necessary.

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

WHEREAS, the Village Board is considering whether to allow commercially licensed day care centers with a special permit in the Office-1 District; and

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

WHEREAS, the Village Board has received a memorandum from the Planning Board indicating the completion of its review and recommending an amendment to the Office-1 District which would allow for commercially licensed Day Care Centers subject to the issuance of a special permit by the Board of Trustees; and

WHEREAS, Local Law Introductory No. 10 amending Section 230-15 of the Zoning Chapter has been drafted and a Public Hearing has been called; and

WHEREAS, in accordance with the requirements of the State Environmental Quality Review Act, the Village Board must make a determination as to the Environmental Impact of this proposed zoning amendment; and

WHEREAS, on November 20, 2006 the Village Board of Trustees of the Village of Croton-on-Hudson declared itself Lead Agency for the aforementioned proposed zoning amendment, and

WHEREAS, the Village Board of Trustees circulated Part 1 of the EAF to all interested agencies and has received no comments with regard to this proposed local law; and

WHEREAS, the Village Board of Trustees has reviewed the full Environmental Assessment Form,

NOW THEREFORE BE IT RESOLVED, that the Village Board of Trustees adopts the negative declaration with respect to this unlisted action,

AND BE IT FURTHER RESOLVED, that the Village Board of Trustees hereby adopts Local Law Introductory No. 10 of 2006, amending Section 230-15 of the Zoning Code, which upon adoption will become Local Law No. 1 of 2007.  

Local Law Filing                                                                     41 STATE STREET, ALBANY, NY 12231

        Village of Croton-on-Hudson

        Local Law Introductory No 1  of the year 2007

A local law amending Section 230-15-Limited Office O-1 District

Be it enacted by the Board of Trustees of the

Village of Croton-on-Hudson as follows:

Section 1. A new subsection A(3) is added to read as follows:

(3) Day-care centers on a lot having a minimum of 25,000 square feet, subject to the issuance of a special permit by the Board of Trustees and compliance with the following conditions and limitations or as determined by the Village Board during its special permit process:

(a)     There shall be no more than one day-care facility per lot

(b)     No outdoor play area or recreation area shall be closer than 20 feet to any property zoned residential

(c)     No recreational structure or equipment shall exceed 10 feet in height

(d)     The operation shall be limited to commencing no earlier than 7:00 a.m. and ending no later than 7:00 p.m.

(e)     To qualify for a special permit under this section, the applicant shall provide evidence of compliance with all governing, regulatory agencies, including documentation indicating a current license authorizing day-care operations issued by the New York State Office of Children and Family Services

(f)     A change in ownership of a day care licensed under this section shall require renewal of the special permit

(g)     The Board of Trustees shall have the authority to waive any or all of the above conditions if circumstances warrant, or impose whatever additional conditions are deemed necessary to protect public health, safety, and welfare.

Section 2.  Section 230-35 shall be amended to add the word daycare under the off-street parking spaces requirement to read:

Per 300 square feet of office/daycare floor area

Section 3. Should any section, paragraph, sentence, clause, word or provision of this chapter be declared void, invalid or unenforceable, for any reason, such decision shall not affect the remaining provisions of this chapter.

Section 4.  This Local Law shall be effective upon filing in the office of the Secretary of State.


a.      Letter from Donald C. DeWitt, from the office of the State Board of Real Property Services dated December 19, 2006 issuing the final 2007 Equalization rate of 3.69 for the CSX property amounting to a final Ceiling of $89,378.  Treasurer Zambrano advised that compared to last year's Ceiling of $144,539 there is a reduction of $55,161.  Mr. Zambrano said that at the current tax rate the Village will be collecting approximately $11,000 less this year for this property.

b.      Letter from Barbara Sacks, Executive Director, Cornell University Cooperative Extension, dated December 15, 2006 congratulating the Village of Croton on becoming one of the first sixteen municipalities to have Certified Tree Stewards on staff.

The Board congratulated Ron Martinson and Rudy Fasciani for completing the course and becoming Certified Tree Stewards.

c.      Letter from Anne Swaim, Executive Director of the Saw Mill River Audubon dated December 18, 2006 advising of the hunting ban in the sanctuaries owned by the Saw Mill River Audubon in Northern Westchester County.

d.      Memo from Trustee Ann Gallelli dated December 10, 2006 detailing recommendations made by the Comprehensive Plan Committee after their review of the 2003 Comprehensive Plan to include:

·       Looking at possible re-zoning for specific areas such as large residential parcels, Croton Point Park and railroad property;
·       Update the permitted uses in residential zones regarding home occupations
·       Review requirements for on-site parking for boats, trailers, recreational vehicles and commercial trucks.

Mayor Schmidt thanked the Comprehensive Plan Committee and Trustee Gallelli for their hard work.

Trustee Gallelli stated that two areas of the Three Phase Post Plan Implementation have been completed and it is important that the final stage also be completed.  Trustee Gallelli said that the objective of the Comprehensive Plan is to lay out a path for the zoning of the future that will comply with recommendations of the Comprehensive Plan.

e.      Letter from Village Engineer, Dan O'Connor, dated December 28, 2006 updating the Board on the Sidewalk Program.  Mr. O'Connor stated in his letter that the 2006 program was a success.

Mayor Schmidt thanked Dan O'Connor and Joe Sperber for their hard work.  Mayor Schmidt asked that Mr. O'Connor come back and go over the entire report with the Board at an upcoming meeting.

Mayor Schmidt advised that the Harmon and Benedict areas will be done next year and encouraged residents to sign up for the sixty/forty sidewalk program before it ends.  Mayor Schmidt said that residents have until May 31, 2007 to sign up.

Trustee Gallelli stated that Joe Sperber is the day to day implementer of the program and he has done a terrific job.


On motion of TRUSTEE GALLELLI 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 former group of municipalities comprising the Historic River Towns of Westchester would like to expand to offer participation to all Hudson Riverfront communities; and

WHEREAS, the new consortium will in future be known as the Historic Hudson River Towns; and

WHEREAS, a new intermunicipal agreement has been prepared,

NOW, THEREFORE BE IT RESOLVED:  that the Mayor is hereby authorized to sign the intermunicipal agreement with the Historic Hudson River Towns

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

WHEREAS, the proliferation of severe weather events during the summer and fall of 2006 resulted in the need to utilize Golden’s Tree service more than originally anticipated; and

WHEREAS, it will be necessary to add funds to this account in order to have enough funds through the end of the 2006-07 fiscal year,

        NOW THEREFORE BE IT RESOLVED that the Board of Trustees hereby authorizes the Village Treasurer to transfer $20,000 from the General Fund’s Contingency Account number A1990.4000 to the DPW’s Shade Tree Account number A8560-4000.  

The following resolution was referred to legal counsel.

RESOLVED: that the Village Board of Trustees hereby rescinds the resolution approved at the December 18, 2006 Regular Village Board Meeting regarding the property at 14 Bank Street.  


Janet Nelson, 40 Finney Farm Road, Croton, stated that last month a number of residents on Finney Farm Road received bills for sewer usage.  Ms. Nelson said that they were surprised with the charge of $50.00 because it was more than what other residents in Croton pay, but more significantly because the Finney Farm Sewer System, like the Water System, is owned by Hudson National Golf Course.  Ms. Nelson said that the Village should be billing the Golf Course for sewer usage as it bills for water usage and on behalf of the residents of Finney Farm Road, she asked the Board to review this.

Mayor Schmidt said that the Board had an opportunity to discuss this prior to the meeting this evening. Mayor Schmidt said that the sewer rent is new and they anticipated that there may be a few bumps along the road.  Mayor Schmidt said that the Board needs to gather more information and will be discussing this at a future work session to see how we will move forward.  Mayor Schmidt said that Finney Farm Road residents will not be penalized for not paying the sewer rent until this issue is resolved.

Janet Nelson asked to be included in this discussion because they understand and know what to look at.  

Richard Pellicci, 65 Radnor Avenue, Croton, brought to the Board's attention to articles that have appeared in newspapers; one on "Blogs" in the Wall Street Journal and the other in the Journal News concerning "Mob Influence in the Trash Industry".


Trustee Brennan made a motion to approve the minutes, as amended, of the Regular Board Meeting held on December 18, 2006. Trustee Kane seconded the motion. The Board voted unanimously to approve the minutes.

Trustee Gallelli made a motion to approve the minutes, as amended, of the Executive Session held by the Board of Trustees on December 18, 2006. Trustee Kane seconded the motion. The Board voted unanimously to approve the minutes


Village Treasurer, Abe Zambrano, reported the following legal expenses, $10,737.00 to one entity for legal expenses, of which $7,101.00 was for the STB case, $648.00 for the New York State Court of Appeals with Metro Enviro and $2,988.00 for general counsel, for a total year to date since the Village starting reporting on this of $23,491.00 two months ago.  Mr. Zambrano also gave an update on the following year to date totals since the Village started reporting legal services two months ago; $STB 10,391.00, New York State Court of Appeals with Metro Enviro $8,523.00, Millennium Pipeline $11,589.00 and general counsel $2,988.

Trustee Gallelli reminded everyone interested in the issue of tennis court lights to please attend the Recreation Advisory Committee meeting on January 9, 2007.  Trustee Gallelli also reminded everyone that the new Garbage/Recycling Schedule has been sent out to all residents.  Trustee Gallelli said that work continues on some of the environmental regulations and laws with respect to sediment and erosion control, steep slopes and storm water control, the laws are all in draft form and the Village Engineer, Dan O'Connor, and the Village Consultants will be meeting in the next two weeks to discuss the draft report with the Board.

Trustee Brennan asked everyone to continue to support local High School teams.  Trustee Brennan wished everyone a happy prosperous New Year.

Trustee Kane announced that the Croton Gorge Watershed Study has been completed by the County and is in draft form.  Trustee Kane said that the Board will be discussing the document and encouraged residents who are interested to stop by the work session this coming Monday, January 8, 2007.  

Mayor Schmidt said that he attended the annual Fire Department swearing in of new officers prior to this meeting.  Mayor Schmidt said that they are a very dedicated group and thanked them for their service to the community.  Mayor Schmidt said that he was invited and attended the John Hall Inaugural Swearing in Ceremony this past weekend.  Mayor Schmidt stated that he was encouraged by what Mr. Hall had to say regarding working with the surrounding communities on critical issues that affect all of us such as the environment, Indian Point safety, and raising the minimum wage.

On motion of TRUSTEE WIEGMAN, seconded by TRUSTEE GALLELLI, the following resolution was adopted as follows:

Resolved, that the Board of Trustees of the Village of Croton On Hudson hereby approves going into Executive Session following the close of the Regular Meeting to discuss matters of litigation regarding 1A Croton Point Avenue.

                        Mayor Schmidt   Aye
                        Trustee Wiegman,        Aye
                        Trustee Gallelli        Aye
                        Trustee Kane    Aye
                        Trustee Brennan         Nay

There being no further comments to come before the Board, a motion to close the meeting at 8:50pm was made by Trustee Kane and seconded by Trustee Wiegman. Motion was approved.

Respectfully submitted,
Board Secretary

Peggy Keesler, Village Clerk