The following letter from Metro-North was stamped "received" on October 31, 2005 by Village Clerk Peggy Kessler. The letter, which cites state law, making Metro-North exempt from the payment of "fees", is directed to Village Manager Richard Herbek in response to Mayor Dr. Greg Schmidt's proposed Sanitary Sewer Rent Law.
Republican Mayor Schmidt and Trustees Brennan and Steinberg have all expressed their support for this law despite objections and concerns from Democratic Trustees Kane and Wiegman. According to The Journal News, Schmidt expects to approve the new law in November.
Peter A. Cannito, President
347 Madison Avenue
New York, NY 10017-3739
October 26, 2005
Village of Croton-on-Hudson
1 Van Wyck Street
Croton-on-Hudson, New York 10520
Re: Proposed New Article V of Chapter 191, Sewers, -- Code of Village of Croton
Dear Mr. Herbek:
The Metro-North Railroad Legal Department reviewed the above-referenced proposed Village of Croton-on-Hudson law and considered its potential applicability to Metro-North’s Harmon Yard located within the Village of Croton-on-Hudson.
Metro-North pays an annual water bill to the Village in consideration of the fact that it receives municipal water service. However, Metro-North does not use any portion of the Village’s sewer system as sanitary sewage generated within the Yard flows directly to the Ossining Seage Treatment Plant through County-owned sewer lines.
Sections 1266(8) and 1275 of the New York State Public Authorities law exempts Metro-North from the payment of “fees”. The exemptions contained in those provisions operate to remove Metro-North from any requirement to comply with the law if it is adopted.
Should circumstances change in the future so that Metro-North should commence use of the Village’s sewer line system, this matter would have to be revisited as Metro-North would then be receiving a service from the Village.
I hope this letter answers your questions.
Very truly yours,
Karen L. Timko, Esq.
Director, Environmental Compliance and Services
MTA Metro-North Railroad is an agency of the Metropolitan Transportation Authority, State of New York
Peter S. Kalikow, Chairman
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* Revenue Increase from Sewer Rent is Tiny and Troublesome
* Proposed Sewer Rent Law: Losers and Winners
* Steinberg is Trustee-in-Error on Sewer Rent
* Revenue From Sewers May Not Cover Legal Bills
* My Alibi