A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, December 17, 2007 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.
The following officials were present:
1. CALL TO ORDER:
Mayor Schmidt called the meeting to order at 8:00 p.m.
2. APPROVAL OF VOUCHERS:
Trustee Brennan made a motion to approve the vouchers as follows, subject to review by the Audit Committee. The motion was seconded by Trustee Kane and approved unanimously.
Village Attorney, Joanna Feldman gave a brief overview on two appeals that were pending in litigation in reference to 1A Croton Point Avenue. She stated that basically nothing has changed. In the first appeal the Appellate Division of the Court has upheld the Supreme Court’s decision and did not lift the preliminary injunction, but rather modified it and enjoined the operations of a waste facility unless one of three events takes place. 1) The Village recognizes the permissibility of their proposed use. 2) It is judicially determined that the defendant can use the property as its intending purpose as a matter of right or 3) a use variance is issued. In the second appeal it was determined that although Village Code states that if a legal nonconforming use is discontinued for a period of 12 months, it cannot resume; the Appellate Division has determined that during the time the waste operations are enjoined by court order; the time of the injunction cannot be counted in that 12 month period.
Mayor Schmidt commented that this is a complicated situation and will be ongoing. Trustee Gallelli inquired as to what the various stages of litigation the Village could expect moving forward. Village Attorney Feldman cautioned the discussion of what steps the Village might take due to the fact that it is still on going.
Village Manager Herbek read the following correspondence (full text available at the Village Office):
a) A letter from Anthony Gagliotti, Secretary, Ex Chief’s Association requested that the collage photos and plaques of the association that were removed due to the painting of the Municipal Building be put back in the original location now that the painting has been completed. Mayor Schmidt responded that he had spoken to Mr. Gagliotti advising him that a display at one of the buildings landings would be put up.
b) A email from Lauren Drummond, Westchester Parks Department requesting use of the parking lot for the Upstate Reggae on the River Festival which will be held at Croton Point Park, Saturday, August 23, 2008. Village Manager Herbek said we should try to accommodate, as they are always helpful when we have to close our parking lot due to bad weather. Mayor Schmidt would like to discuss further and then bring it back to the board.
4. CITIZEN PARTICIPATION-Agenda Items
a) Neil Haber, 7 Sunset Drive, member of the Croton Harmon School Board expressed his displeasure with the Village for lack of communication with the School Board in regards to the Symphony Knolls project. He was particular concerned with the PILOT agreement allowing for an exemption of all Village taxes for a period of not less than 30 years. He understands that this is Senior Affordable housing project, but the school should have been made aware. Mayor stated that he will take Mr. Haber comments at this time and that members of the Croton Housing Network will help with answer later on.
a) On motion of Trustee Gallelli, seconded by Trustee Konig, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:
RESOLUTION BY THE CROTON-ON-HUDSON
VILLAGE BOARD OF TRUSTEES AUTHORIZING
THE TRANSFER AND CONVEYANCE OF CERTAIN
REAL PROPERTY TO WESTCHESTER COUNTY,
AND ITS SUCCESSORS, ASSIGNS AND TRANSFEREES
FOR AFFORDABLE HOUSING
WHEREAS, the Village of Croton-on-Hudson (hereinafter the “Village” or “Croton”) seeks to promote the development of new affordable housing where feasible; and
WHEREAS, the Croton Housing Network, Inc. (hereinafter “CHN”) is a non-profit corporation dedicated to promoting affordable housing opportunities and, in the past, with which the Village has collaborated on successful affordable housing projects; and
WHEREAS, in 2003 the CHN asked the Village to assist in a new project and use its resources to facilitate the creation of new affordable rental housing at 15 Mt Airy Road, adjacent to the existing Mt Airy Woods affordable housing development (tax lot ID No. 67.20-3-36.1), in a project named “Symphony Knoll,” in honor of the late Levina McClure; and
WHEREAS, to assist in developing Symphony Knoll, in February 2004 the Village acquired the home of the late Levina McClure, a ± ? acre parcel, tax lot ID No. 67.20-3-2, located between Mt Airy Woods and the future Symphony Knoll for $305,000.00; and
WHEREAS, pursuant to an application filed by CHN, the Village amended the Mt Airy Woods site plan, reconfigured the lot lines of former tax lot ID No. 67.20-3-36 and apportioned the property into two lots: tax lot ID No. 67.20-3-36.1, host to Mt Airy Woods, and tax lot ID No. 67.20-3-36.2, vacant land to be developed as Symphony Knoll; and
WHEREAS, on May 23, 2006, the CHN conveyed title to tax lot ID No. 67.20-3-36.2 to the Village, whereupon the Village merged tax lot ID No. 67.20-3-36.2 with the former McClure parcel, tax lot ID No. 67.20-3-2, thereby creating a parcel of sufficient size to comply with zoning and eligibility requirements for state and county funding as affordable housing,
NOW, THEREFORE, BE IT RESOLVED that the Village Board of Trustees finds as follows: (i) tax lot ID No. 67.20-3-36.2 is not needed for any municipal purpose and conveying this parcel to Westchester County, and its successors and assigns, for development of new affordable housing would serve the public interest; and (ii) developing 11, or 12, units of affordable housing on tax lot ID No. 67.20-3-36.2 is consistent with private land use restrictions previously adopted by and between the CHN and the Village, recorded at Liber 10416, cp 157, for the mutual benefit of the parties and the Village hereby consents to development of 12 new units on tax lot ID No. 67.20-3-36.2 as proposed by CHN and the Croton Housing Development Fund Company, Inc.,
AND, BE IT FURTHER RESOLVED that the Village Board of Trustees hereby authorizes the Village Manager, or his designee, to transfer, sell and convey tax lot ID No. 67.20-3-36.2 (including the former McClure parcel) to the County of Westchester, or its successor, assignee, transferee or nominee, for $340,000.00 for the purpose of developing affordable housing, and to execute any other, additional documents necessary to effect such conveyance,
AND, BE IT FURTHER RESOLVED that the Village Board of Trustees hereby authorizes the Village Manager, or his designee, to execute an Inter-Municipal Agreement with Westchester County, or its successor, assignee or transferees for the provision infrastructure improvements by applying Housing Implementation Funds (HIF), as previously requested by this Board by Resolution adopted April 17, 2006, and to execute any other, additional documents necessary to effect such funding,
AND, BE IT FURTHER RESOLVED that the Village Board of Trustees hereby authorizes the Village Manager, or his designee, to execute an agreement with the Developer, Croton Housing Development Fund Company, or its successor, assignee, transferee or nominee, ensuring that the Developer assumes full responsibility for the care and maintenance of all infrastructure improvements made with HIF funds and that the Village is relieved of any financial obligation to maintain same,
AND, BE IT FURTHER RESOLVED, that the Village Board of Trustees hereby authorizes the Village Manager, or his designee, to execute a PILOT agreement with the Developer, Croton Housing Development Fund Company, or its successor, assignee, transferee, or nominee, for an exemption from all village taxes for a period of not less than 30 years, and to execute any other, additional documents necessary to effect such agreement.
Discussion: Nance Shatzkin, 132 Old Post Road North, member of the Croton Housing Network addressed the Board and asked if anyone had questions. Trustee Kane inquired as to why we purchased the land for $305,000.00 and sell price is now $340,000.00. Ms. Shatzkin explained that the Village is being reimbursed for any legal fees, filing fees and interest lost by securing the land; therefore, making the Village whole. Mayor Schmidt and Ms. Shatzkin apologized for the miscommunication between the Village and the School Board, but reminding them that this is a seniors only project and will have no impact on the school system. Trustee Gallelli made clear that the 30 year PILOT that the Village has agreed to only effects the Village Taxes. The Town of Cortlandt has signed its own PILOT which affects the School Taxes. Trustee Konig inquired if in the future it could become housing for other than seniors. Ms Shatzkin replied no, it is very hard to change once in place.
b) On motion of Trustee Brennan, seconded by Trustee Kane, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York
WHEREAS, the next annual Village election of the Village of Croton-on-Hudson, NY shall be held on Tuesday, March 18th, 2008; and
WHEREAS, the Community Room in the Municipal Building, 1 Van Wyck Street shall be the polling location; and
WHEREAS, polling shall take place between the hours of 6 am to 9 pm; and
WHEREAS, the Board of Trustees shall designate by resolution and as well as
have published the offices which are to be filled at the Village Election and
the terms thereof.
NOW, THEREFORE BE IT RESOLVED that the Board of Trustees of the Village of Croton-on-Hudson hereby designates the following offices as vacant at
the end of the current official year to be filled at the Village election on Tuesday, March 18, 2008 for the following terms:
Trustees (2) Two-year term each
c) On motion of TRUSTEE Konig, 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, by Act No. 8-1983, the County Board of Legislators authorized the County Purchasing Agent to act as Purchasing Agent for any city, town, village, school district or other unit of local government within the County of Westchester County, provided that said unit of local government by act, ordinance or resolution authorizes the County Purchasing Agent to act as its Purchasing Agent for items purchased by the County, and empowering designated officers and employees to sign requisitions, and further directing the proper official of local government to audit and pay County bills for the cost of County services within thirty (30) days after the receipt of said bill by the local government to provide the County with such insurance coverage as may be required by the County’s Director of Risk Management,
NOW THEREFORE BE IT RESOLVED: that the County Purchasing Agent is hereby authorized to act as Purchasing Agent for the Village of Croton on Hudson on a continuing basis,
AND BE IT FURTHER RESOLVED: that all Department heads and the Village Manager are hereby authorized to sign appropriate requisitions.
AND BE IT FURTHER RESOLVED: that the Audit Committee, Manager Treasurer, and Deputy Treasurers are hereby authorized and directed to audit and pay County bills for the cost of County services within thirty (30) days after receipt of said bills:
AND BE IT FURTHER RESOLVED: that the Village Clerk is hereby authorized to secure and provide to the County of Westchester any and all insurance required by the County’s Director of Risk Management, in Accordance with County Act No. 8-1983.
d) On motion of TRUSTEE Brennan, seconded by TRUSTEE Gallelli, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:
WHEREAS, the Village and the New York State DOT have entered into a snow and ice agreement dated December 1, 1995; and
WHEREAS, the Village has received an amendment to this contract extending the term until June 30, 2010; and
WHEREAS, under this amendment the indexed lump sum estimated expenditure shall be $1,390 per lane mile for 11.24 lane miles for a total of $15,623.60 for the 2007/08 season and for the remainder of the term of the Agreement commencing July 1, 2007, unless changed by future update,
NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the agreement with the New York State Department of Transportation extending the term of the agreement to June 30, 2010.
e) 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 Village received a $150,000 grant – EPF 540487-T7 - from the New York State Office of Parks Recreation and Historic Preservation to help fund the costs of the construction of a multi-purpose playing field and Comfort Station at Croton Landing; and
WHEREAS, on August 15, 2005 the Village Board approved the contract with New York State for the purpose of receiving the grant funds and constructing the Croton Landing improvements; and
WHEREAS, the Village’s contract with New York State is due to expire on December 31, 2007; and
WHEREAS, the State has prepared an amendment to the contract which extends the contract to December 31, 2008,
NOW, THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the amendment with New York State for the Croton Landing Improvements Project.
6. CITIZEN PARTICIPATION – NON-AGENDA ITEMS:
a) Kevin Davis, 17 Wolf Road, expressed his displeasure on the way the Community Center issue and results from the survey are being handled. Trustee Brennan explained that he has spoken with other entities to explore the possibility to use structures already built instead of building a new structure for the community center. Mayor Schmidt stated that all decisions made by the Board are based on priority and that anytime the Board has an opportunity to share services it is good and he is also speaking with the Fire Department to see if they can help. At this time the Village is also looking at the cost to create a separate Ambulance Core. The Board has to evaluate where we are at and what we can do. The survey was important and will be used going forward.
b) Michael Mamone, 19 Young Place, spoke about the effects of putting zinc orthophosphate in the drinking water. He believes people do not want more chemicals in their water and that it would be better for those that have problems with their water due to old pipe lines to buy a filtration system instead of everyone having chemicals added to their water. He is very displeased with the Board’s decision.
7. APPROVAL OF MINUTES:
Trustee Brennan made a motion to approve the minutes of the Regular Board Meeting as amended held on December 3, 2007, seconded by Trustee Konig, Mayor Schmidt and Trustee Gallelli aye, Trustee Kane abstained.
Trustee Brennan made a motion to approve the minutes of the Executive Session of the Board of Trustees held on December 3, 2007, seconded by Trustee Konig, Mayor Schmidt and Trustee Gallelli aye, Trustee Kane abstained.
Trustee Konig made a motion to approve the minutes of the Executive Session of the Board of Trustees held on December 10, 2007seconded by Trustee Kane and carried unanimously.
Village Manager Herbek reported that on December 19th on the South Side of Grand Street between Old Post Road South (at the dummy light) and Mount Airy Road the Department of Public works will be removing snow between 4:00 am and 8:00 am. There will be no parking allowed during this time. Parking will be made available in the Merwin Oak Parking Lot, the Asbury Parking Lot and the Municipal Building parking lot; but your car must be moved by 8:00 am in these locations. On Thursday, December 20th, snow removal will take place on the North side. Village Manager Herbek also mentioned the Village will now have an additional system of notifying people when there will be parking lot flooding. We will now be able to send a text message to cell phones in addition to the email notification system already in place. You will need to provide your cell number and carrier information by email to either Janine King or the Parking lot email found on our website.
Treasurer Zambrano gave the Legal Expense Report: The total paid to date is $224,433; the current total amount is $21,742; Discussion on 1A Croton Point. Ave., $620; General fees $21,122. Year to date totals starting from January 2007: STB, $49, 305; Metro-Enviro, $36, 331; 1A Croton Point Ave site approval, $4,842; Millennium Pipeline, $5,459; Discussion with owner 1A Croton Point Ave., $41,962; General, $86,535.
Trustee Konig applauded the great job the Department of Public Works did cleaning up two snow storms within three days.
Trustee Kane reported that Westchester County is embarking on a re-education effort over the next two months to get more people to separate their recyclables from their garbage. If you do not separate your recyclables from your regular garbage the Village or private hauler does not have to pick up your garbage and you could be fined. The new rules go into effect on Feb. 1, 2008. Westchester County will not require its residents to use clear bags.
Trustee Gallelli also commented on the new recyclable rules going into effect and that the residents of Croton will not be made to use clear garbage bags. She attended the Seniors Holiday party that was held last Friday. It was a nice time. Trustee Gallelli added that starting in February the Seniors will be moving their meetings from the Community Room downstairs in the Municipal Building to the Harmon Fire Department. She also complimented on the great clean up job the DPW did on removing the snow. One of the problems DPW had during the snow storm was cars that were parked on the Street. When there is a forecast of two or more inches of snow; cars are not to be parked in the streets. If you do not have off street parking please obtain a seasonal parking permit from Village Office. You will be ticketed next time.
Trustee Gallelli also mentioned that SEMO has recommended that the Village be put on the list to receive a grant from FEMA to help repair the flooding of the parking lot. She wished every one a Happy Holiday.
Trustee Brennan wished the High School Students good luck during Basketball and Wrestling season. Thanked the DPW for a great job on cleaning up the snow. Trustee Brennan also mentioned that efforts of the Mayor and Board that go on behind the scenes that make it possible for shared services such as the Seniors using the Harmon Fire House to hold their meetings. Happy Holidays to all.
Mayor Schmidt stated that he was excited about the Seniors moving and it took just an initiative with sitting down with the Fire Department and setting up rules and regulations on how to use the facility. He further stated that this is what we have been working on for a long time in trying to figure out the needs of the community and how we can use existing facilities. Mayor Schmidt also reported that there was a follow up meeting with the residents in regard to the Croton River/ Mayo’s landing scenario that happened over the summer. The meeting was successful. Some key areas that still need to be worked on were identified. One of them being the erosion of vegetation and how it can be corrected. He also stated that the parking lot has been neglected for years and has now been made a priority. Mayor Schmidt wished everyone a happy holiday.
Trustee Konig made a motion to adjourn to executive session to discuss a personnel matter. Trustee Brennan seconded the motion; approved unanimously.
Trustee Brennan made a motion to adjourn. Trustee Konig seconded the motion; approved unanimously. The meeting was adjourned at 9: 25 p.m.