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The Metro Enviro Legal Landscape at Present

October 28, 2005


Dear Croton neighbors:

All the various legal actions surrounding the Metro Enviro site can be confusing. At present, the Village is engaged in four separate legal processes over this site:

  1. In the local Supreme Court, the Village and its insurer are battling Greentree’s $50 million takings case filed in July 2005. Attorney Michael Miranda represents the Village before Judge Nicolai.
  2. In Washington, the village is tracking the Northeast Railway Interchange (NIR) application with the Surface Transportation Board (STB) for status as a quasi-railroad. Arnold & Porter (Attorney Michael Gerrard and colleagues) represents the Village at the STB.
  3. In White Plains, the Village is opposing the licensing of NIR as a waste hauler in Westchester County in hearings before the county’s Solid Waste Commission, which is next scheduled to meet in late October and again by mid-November.
  4. In Croton in late July, the Village Board authorized the Village Manager to obtain an appraisal to assess the land value of 1A Croton Point Avenue.

The public should know that the Village’s insurance company, NYMIR, will defray the costs of Mr. Miranda’s work in the Greentree takings case. All costs for the other three processes are being borne solely by Village taxpayers.

The courts have resoundingly decided in the Village’s favor the particular argument of whether the Village has the right to issue a closure order based on evidence. Allied, the corporate owner of the Metro Enviro operation, has exhausted the venues for appealing on these grounds. Yet the landowner, Greentree continues to have standing to litigate for the site remaining a transfer station.

As we all know, Allied is in the process of selling its Westchester operations in Croton, Mamaroneck and Mount Kisco to an entity wholly owned by Regus Industries, a waste management holding company operating principally in the Northeast. The arm of Regus that proposes to take over the Metro Enviro site is Northeast Interchange Railway (NIR).

The Village issued a closure order for Metro Enviro to take effect on September 1. 2005, after Metro Enviro’s loss of legal standing to re-argue points with the court that it had already lost at the state’s highest court. Metro Enviro stopped accepting C&D waste that day and has begun the mandatory 90-day site clean up required by the state. Meanwhile the new operator, NIR, waits in the wings for its county license and state permits.

For more on these current issues, see the letters in the Metro Enviro section of the Crotonblog and the numerous “Metro Enviro” updates posted to village website. Better yet, sign up to receive email updates from the village on this and a host of other community matters at www.crotononhudson-ny.gov/subscriber.shtml.

Charles A. Kane
ckane@crotononhudson-ny.gov

Leo A. W. Wiegman
lwiegman@crotononhudson-ny.gov

On November 7, 2005 9:17 AM, weewill said:

Fredmertz - please don’t let this be your only post. We need intelligent people willing to consider all aspects of a problem. Ann Gallelli presents them in an informated and unbiased way. She’s served this village long and well and is more knowledgeable about history and zoning than anyone else in Croton. Reasonable people will listen to her report the facts and come to the right decision. She wisely and quietly applies all the knowledge and wisdom she’s acquaired over the many years . Perhaps we’re not hearing any reports from the Mayor and board members because they simply don’t understand all the implications of this complicated history and status.

On November 7, 2005 1:03 AM, fredmertz said:

This my first comment on the blog, and probably my last. I have followed the M/E saga for many years. Most of that time I could not make sense of the issues.

The only person who brings any clarity to the issue is Ann Galleli. The recent smears of her in the Gazzete and this blog are shameful and disgusting. From my prospective, it appears to be an attempt to muzzle.

Isn’t freedom of speech and an informed electorate the basis of a true democracy or have we decided to jettison those ideas? If it is possible, and it appears that it is not for many of our politicians and their supporters, let us have a debate on the facts, not innuendo and smears.

On October 29, 2005 9:43 AM, bojangles said:

It’s not my intent to get involved in the usual heated arguments about Metro Enviro but I get very nervous not hearing any reports from the board.

Bruce Kauderer’s recent letter makes a lot of sense and I would be grateful for a response from the board. I ask them to explore the suggestions he outlines.

The Village is definitely in a shaky position with the threat of a completely unmonitored waste transfer operation being run there and need to pursue every possibility to prevent it…

On October 28, 2005 8:21 AM, Mrs. Smith said:

I am grateful to trustees Kane and Weigman for updating residents on the goings-on at the Metro Enviro site, even though I am sure it will mean further ostracization from the other three board members.

What was said was a simple layman’s explanation of where we are, and what is being done-something that we have not heard from the Mayor or the other two trustees.

This situation is so complicated and I am sure that a lot of village residents have no idea that our bucolic village could soon become waste transfer station for New York city garbage among other things if NIR is granted the STB exemption.

What the county permitwise does will not matter as NIR will have the permits it needs to do what ever it pleases-VIllage of Croton be damned.



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