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Earthline Intermodal on Track to Arrive at Transfer Station in Croton

May 8, 2007

So says Greentree Realty attorney David Steinmetz in a letter to Croton’s board of trustees read by Manager Herbek on Monday, May 7, 2007. Watch.

Video Transcript:

Village Manager Rick Herbek: “Okay, Next we have a letter from David Steinmetz of the law firm Zarrin & Steinmetz. And he is writing on behalf of Greentree Realty, the owner of 1A Croton Point Avenue and in the letter he states that he also represents Earthline Intermodal LLC. His letter states that RSA’s lease with Greentree has been terminated and as part of the settlement with RSA, Earthline obtained the right to pursue, I guess, the special permit application filed with the village by RSA’s affiliate Northeast Interchange Railway.”

Mayor Gregory Schmidt: “And at this point, I’m gonna turn this over to the village attorney to kind of explain where we are.”

Village Attorney James Staudt: “Right. On behalf of the—there are significant legal issues, um, this new entity of any entity in an application process like this has the right to standing to step into the shoes of a, an applicant mid-application. Ah, and so, the threshold determination has to be made whether this such entity would have such standing. In order to make that determination, the village needs more information about this applicant and about the details of its proposed operations and so forth. In that regard, on behalf of the village, I’ve written a reply letter to the attorneys who wrote that letter to the village and asked for such information. So, we’ll expect that there will be a response and when there s a response, then the issue of their standing to step into the shoes of the prior applicant will be addressed by the village. And that’s where it stands.

On September 5, 2007 1:34 PM, weewill said:

It appears that notwithstanding previous positions, the board is now meeting with and has entered into discussions with the owners of 1A Croton Point Avenue. Previous refusal to meet, discuss and or negotiate with our legal opponents was shortsighted and perhaps foolish. That position achieved nothing. Perhaps this new approach will allow us to move forward and resolve the long-standing issues surrounding past and potential uses of this site.

At last night’s VB meeting a resolution was passed to approve the spending of $50,000 from our contingency fund to pay for a Phase I and Phase II Environmental Assessment of the former Metro Environ site at 1A Croton Point Avenue. The resolution states this is being done because of our “ intent to acquire the property.”

Is it the board’s intent to buy the property outright? If so, at what price?

Or is it the intent of the board to acquire the property by a costly and protracted Eminent Domain process? If so, what is the total projected cost of this process including the sure-to-follow legal fees?

Our Village Treasurer reported the current month’s expenses for this activity. They are significant and need to be carefully monitored and tracked.

For the month of August, legal expenses paid relative to 1A Croton Point Avenue have totaled $24,885.00 with $7,770.00 defined as “part of on-going legal discussions.” The total amount paid during this fiscal year has been $135,710.

In addition, the Village Attorney, reported on the oral arguments held yesterday in the New York Court of Appeals. The decision will be rendered sometime in the next 2 to 10 months. If the court rules in favor of the property owners, a transfer station will be allowed to operate at that site with a special permit from the village. In truth we will be back to exactly where we were in 1998, close to 2 million dollars poorer and once again required to process a special permit application.


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