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September 8, 1997
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, September 8, 1997 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.

The following officials were present:

        Mayor Elliott                           Trustee Daubney
        Village Manager Herbek          Trustee Gallelli
        Village Attorney Waldman                Trustee Grant
                                                Trustee Watkins

                                AbsentVillage Treasurer Campbell

Call to Order:
Mayor Elliott called the meeting to order at 8:10 p.m.  Everyone joined in the Pledge of Allegiance.

Approval of Minutes:
Trustee Gallelli made a motion to approve the minutes of the Regular Board Meeting, held on August 18, 1997 as corrected; Trustee Daubney seconded the motion; approved by Trustees Grant, Gallelli and Daubney; Trustee Watkins abstained.

Approval of Vouchers:
Trustee  Daubney made a motion to approve the vouchers as follows, subject to review by the Audit Committee.  The motion was seconded by Trustee Watkins and approved unanimously.

        General Fund            $126,429.03
        Water Fund          591.60
        Capital Account    36,821.02               
        Trust & Agency                 9,437.72

3a.     Mayor Elliott presented a plaque to Faith and Neal Frishberg from the Village in appreciation of their many contributions to the Village.

3b.     Ellen Haven, Chairperson, Public Art Policy Committee read the
Committee’s report, giving their recommendation that this be adopted as a policy of the Village as a basis for dealing with unsolicited outdoor art on public property. (full copy of the report is attached).

        Trustee Gallelli made a motion to endorse this report as the working policy for the Village.  Trustee Grant seconded the motion.

        Discussion:  Trustee Gallelli stated that she was impressed with the work done by the committee and the expedient manner in which they were able to meet and put together this recommendation.  

        Public Discussion: Cornelia Cotton read a draft urging the Board to approach the proposed guidelines with caution; adding that she considers the report an inhibitor, not an enhancement, considers it an over-reaction to an on time event and is concerned that artists will find the application process too difficult and tedious.  Francesca Samsel stated that the guidelines that will be in place should be determined by the size of the project and the application time should be capped.  Ann DiCioccio stated that she would like to see that a public hearing is held before this policy is enacted.  Mayor Elliott replied that this is a policy, not a law and a policy can be changed at any time; he added that this is an ongoing committee, which has been publicly discussed.

        Laura Schenfield stated that some experiences with other municipalities have been difficult and it is courageous of the Village to enact a policy; she added that this has been developed with a great desire for public art in the Village.
        Vote was taken with all Trustees voting “aye”.

Public Hearing:

Mayor Elliott opened a Public Hearing on Local law No. 4 of the year 1997 to amend the Plumbing Law.  Village Manager Herbek stated that this is amendment  is necessary to correct statutory requirements now that Westchester County has taken over licensing of plumbers.

Comments:  A resident asked if there will be a local Plumbing Board.  Mayor Elliott replied that there would not  be.

Trustee Gallelli made a motion to adopt the Local Law #4 (full text attached).  Trustee Grant seconded the motion.  Vote was taken with all voting “aye”.

b.      Trustee  Daubney made a motion to dissolve the Village Plumbers’ Board.  Trustee Grant seconded the motion (with thanks to those that have served on the Plumbers’ Board).  Vote was taken with all voting “aye”.


Village Manager Herbek read the following correspondence:

A letter from Jerry Burton, Benedict Blvd., regarding cleanup of dog feces in the Village and suggesting the posting of signs reminding people that they are required to clean up after their dog and to include a notice of the law in with the garbage holiday schedule.

Trustee Watkins responded that he agreed with Mr. Burton and asked if it is possible to post the signs.  Village Manager Herbek replied that it would incur an enormous expense, but suggested that the Village could utilize cable TV and can put a reminder in the newsletter.  Trustee Grant asked if literature on this matter is still given out along with the dog licenses, suggesting that perhaps the police should start fining violators and the word would spread quickly.

Village Manager Herbek replied that information is given out with licenses.  Trustee Watkins added that he gets a lot of complaints about this and thinks the Village should put signs up in certain areas.  Mayor Elliott suggested that the steps be taken in progressive order and the matter can be visited at a later date to see results.

A letter from Lawrence  M. Knapek, NY State Dept. of Transportation, announcing that the Village will receive $15,480.16 from the O&M apportionment of CHIPS for 1997-98 and $57,710.25 from the Capital reimbursement  portion.

A letter from John C. Cahill, NY State DEC, announcing the availability of grant applications for funding under the 1996 Clean Water/Clean Air Bond Act.

A letter from Bettie S. Jackson, Half Moon Bay Drive, suggesting that the Municipal Building is in need of a coat of paint and wood preservation of the windows, frames and under the eaves; also that the storm sewer on Riverside Avenue at the junction of Rts. 9 and 129 has been stuffed up with dirt.  Village Manager Herbek explained that the wooden windows have come to the end of their lifespan and money has been allocated in the current budget to replace these windows.  He added that the storm sewer connection has been  severed for quite some time and does not lead anywhere; the Village are looking at a number of storm sewers in the Village, including this one.

A letter from Christopher Copeland, Acct. Executive, NY Power Authority,  announcing a new program, Power for Jobs, and attaching information about this program.

A letter from Kyle McCarthy, Metro-North Railroad, asking that the Village relax parking enforcement at the station parking lot between the hours of 9 a.m. and 4 p.m. on Saturday, October 18, to accommodate those attending their twelfth Harmon Shop Open House.

Trustee Daubney made a motion to approve the relaxation of parking regulations on that day per the letter from Metro-North dated 8/18/97.  Trustee Gallelli seconded the motion; approved unanimously.

A letter from Kenneth Gunshor, attorney for Metro Envro, LLC, requesting that the Village Board allow transfer of the Village’s issued Special Permit from the prior owner, Industrial Recycling systems, Inc., to Metro Envro and the renewal and extension of the Special Permit to operate a waste transfer facility for an additional five year period.   Trustee Gallelli replied that she does not believe that the Village code allows for a transfer of a special permit and a new ownership requires a new application for a special permit; also, it has been noted that an amended site plan must be submitted because some changes that have occurred.  Village Attorney Waldman replied that Trustee Gallelli is technically correct, however, this letter of request  can be returned to the Planning Board and  be addressed as a short-term special permit to allow the business to continue operating; the Planning Board can then review and determine what requirements need to be done.  Trustee Daubney added that  since the new owners are in operation or are preparing to begin operation, right now should be the time to apply for a special permit; he added that he would like assurance that conditions of the special permit are met since there have been problems with the prior owners of the business complying with the conditions of the Special Permit.

Mr. Gunshor spoke on behalf of his client, explaining the current process they are going through and requesting some kind of consideration to transfer the special permit on a temporary basis. Trustee Watkins stated that he understands that this application should be referred to the Planning Board before any decision is made, however, the Planning Board meeting is scheduled for September 23rd and the Village Board of Trustees meeting is scheduled for September 22nd, therefore, it is unlikely that a permit will be issued before the expiration of the special permit.  Attorney Waldman added that there would be a short period of time between the time the Planning Board  and the Village Board meets, when the permit from the DEC is received and the date of expiration of the Special Permit.   Attorney Gunshor offered to write a letter applying for both a short-term special permit and a new special permit.  Mayor Elliott asked for approval to use the current letter as an application for the short term permit and refer it to the Planning Board, awaiting subsequent letters which will also be referred to the Planning Board.  All Trustees agreed.

h.      A letter from Albert J. Pirro, Jr., Attorney, requesting that the Village select and retain the services of an environmental consultant by means of a Request for Proposals (RFP) formal bidding process for the Hudson National Golf Club, Inc. Environmental Management Plan.  Trustee Gallelli replied that the Planning Board has been dealing with the firm of McCullough, Goldberger and asked why this firm has put in this request.   Trustee Gallelli stated that she doesn’t believe the Planning Board would favor this kind of approach to obtaining services of this kind.  Mayor Elliott stated that this will be referred to the Planning Board for clarification as to why Hudson National is using the services of another legal firm.

A letter from George E. Pataki, Governor, State of New York, announcing that a series of local government summit meetings will convene beginning in September.  Village Manager Herbek added that the nearest to the Village will be held on October 8, at the Yonkers Public Library 6 p.m. to 9 p.m.

A letter from William G. Balter, Wilder, Balter Partners, LLC, regarding their intent to improve the entrance to Arrow Crest Drive from Old Albany Post Road and requesting that the Village appoint an environmental consultant to Arrow Crest.

Trustee Gallelli made a motion to give permission to Wilder, Balter to proceed as proposed at the Planning Board meeting, subject to approval of the Village Manager and Village Engineer.  Trustee Daubney seconded the motion, approved unanimously.

A letter from Andrew Zelman, Chair, Greenway Committee, enclosing the final version of the Greenway Vision Plan for the Village as approved by the Greenway Committee and recommending that this Vision Plan be adopted by the Village Board as an amendment to the Village’s Master Plan.   Village Manager Herbek stated that he will have copies of this report available at the Library and at the Village office; there will be a charge of $10.00 each for black and white individual copies.  He added that this report should be referred to the Planning Board.

A letter from Nancy B. Johnson, 65 Sunset Dr. requesting the closing of Sunset Drive at Old Post Road on Saturday, September 13, 1997 from 3:00 p.m. to 8:30 p.m. for a block party. Trustee Daubney made a motion to approve this request, subject to usual conditions.  The motion was seconded by Trustee Grant; approved by all.

6.  Citizen Participation:

Mr. Montana spoke about the lack of access to Half Moon Bay Walk and asked that the Village do whatever it takes to get the walk open.

Mayor Elliott replied that this repair has been discussed extensively and it has now  been resolved.  Village Manager Herbek added that the DEC and  the Dept. of State had to review the plans which took a while, but it looks today like work is taking place.

Mr. Montana stated that the River Landing Development has applied to the Planning Board to consider a sub-division and he has concern about the traffic impact as the emergency road is paved;  also, since there are no sidewalks on North Highland Place, the traffic is a  hazard for walkers; the emergency road access should be installed as called for in the permit before any more people come into the area and become accustomed to using this road which will lead to an application to make this a permanent road.  Village Manager Herbek replied that the problem is also that only one house has been installed in the upper portion of River Landing and for the construction vehicles to go the other way to the construction site  would be very difficult.  Mayor Elliott suggested concession to using the emergency road is made only when necessary.

Mrs. Neel, spoke regarding the Van Wyck Street Bed & Breakfast relating that the ZBA determined the B&B can use five bedrooms, but she believes they are using more than that; she questioned the ownership of the B&B and the hiring of outside help.  Mrs. Neel asked for  these issues to be addressed in a timely fashion as well as monitoring for compliance.

Trustee Grant replied that the ZBA has only just begun to review the application for a variance; that use has not been decided; she also questions the transfer of partial ownership, the enlargement of the premises, the living arrangement of owners not living in 47 Van Wyck St. may be in violation, and added that this is not a closed issue.

John Sarcone spoke about the possibility of having another environmental plant/dump in the Village and that the request to transfer the permit is wrong; that they should go through the permit process like any other business.

Bob Wintermeier stated that  he has concerns about the Village’s auditing process and  the D. A. has indicated that items not related to the investigation can be spoken about in public.

Dan Salzberg  urged the Board to enforce the cleanup of the railroad ties and the restoration of the marsh area; he added that the Village should refuse to allow any money to be diverted, that the clean up must be done as promised.


Trustee Grant made a motion to approve the Inter-municipal Agreement between the Village of Croton on Hudson and the Croton-Harmon School District.  The motion was seconded by Trustee Daubney and approved unanimously.

Trustee Gallelli made a motion to approve the resolution allowing the Croton Arboretum and Sanctuary to apply to the Hudson River Valley Greenway for a grant for the project known as the Jane E. Lytle Memorial Arboretum.  The motion was seconded by Trustee Grant; approved by all.

Trustee Gallelli made a motion to approve the following resolution.  The motion was seconded by Trustee Grant, approved by all.

        RESOLVED:       that the Village Manager is hereby authorized to sign the attached agreement with Ernest W. Warnke, PED, of 36 Cantitoe Street, Katonah, NY, to provide engineering services to the Village to include monitoring operations of the water system, making recommendations for improvements and assisting with future improvements as directed by the Village manager at a rate of $75. Per hour for an estimated 12 to 16 hours per month for a period of one year; and

BE IT FURTHER RESOLVED: that this agreement is subject to renewal by the Board of Trustees at the completion of the one-year period of time.

Trustee Gallelli made a motion to approve the following resolution; seconded by Trustee Grant, approved by all.

RESOLVED:       that the Village Manager is hereby authorized to sign the retainer agreement with the firm of Allee, King, Rosen and Fleming, inc. to provide planning services to the Village in connection with the preparation of a Full Environmental Assessment Form for the Village’s Greenway Vision Plan for a fee of $4,000.00, including labor and direct expenses, in accordance with their proposal dated March 24, 1997.

Trustee Daubney made a motion to approve the resolution, designating Sprint Spectrum, LP, Lead Agency, for construction of a monopole.  The motion was seconded by Trustee Watkins.

Discussion:  Trustee Grant stated that does not visual impact relate to environmental impact? Trustee Grant stated further that she does not agree with the location.  Mayor Elliott replied that this must be acted upon since an application has been filed.

Vote was taken with all voting “aye”.

A motion was made by Trustee Daubney to approve the attached resolution, authorizing the issuance of an $136,400 bond to finance a portion of the cost of certain Village water system improvements.  The motion was seconded by Trustee Gallelli; approved by all.

Discussion:  Village Manager Herbek stated that Well #1 is in operation and there is good quality of water; Well #4 will have maintenance work done on it, then after that, Well #3.

A motion was made by Trustee Grant to approve the following resolution.  The motion was seconded by Trustee Gallelli; approved by all.

BE IT RESOLVED: that the Treasurer is hereby authorized to remove any open taxes together with accrued penalties on Section 78.12, Block 1, Lot 12.  Currently the taxes open are $6.26 with accrued penalties of $.31.

A motion was made by Trustee Grant to approve the following resolution.  The motion was seconded by Trustee Gallelli.   

RESOLVED:       that the Village Manager is hereby authorized to sign the attached agreement with the firm of IQ Landscape Architects of Bedford Hills, NY, to provide landscape architectural services for Senasqua park: park improvements-Phase I in accordance with their proposal for a lump sum fee of $11,000.; and

BE IT FURTHER RESOLVED: that the Village Manager is hereby authorized to retain the services of Roland K. Link to provide topographical surveying work for a cost of $1,850 in accordance with his letter dated July 28, 1997, for the Senasqua Park project.

Discussion:  Trustee Grant asked why a topo survey is necessary when the area is flat.  It was decided that John Imbiano would be asked to give further explanation as to why this is necessary.

Vote was taken, with all voting “aye”, with the addendum that it is subject to Trustee Grant’s discussion with John Imbiano.


Village Manager Herbek reported that there will be a home compost bin sale day held by Westchester County, Saturday, September 20th, in Sprain Ridge Park, Greenburgh.  Also, the Westchester County Household Chemical Cleanup will be held on Saturday, October 18, 1997 at Franklin D. Roosevelt State Park, Yorktown Heights and also on Saturday, November 1st at Playland Amusement Park, Rye.

Trustee Watkins reported 1) that the tennis courts are almost finished and are open.  2) That the paving at the Upper Village looks good. 3) That at last meeting there was a letter from Ken Bernard regarding the building above Quaker Bridge which was referred to the Planning Board and that Cortlandt Planning Board had a meeting; members of the WCC attended and it seems this construction will have an impact on the water flow to the Croton River Gorge.

Trustee Gallelli reported that no prior notice was received about the Cortland Planning Board meeting and there is a potential negative effect from this construction and the Village should have been notified about this.  Trustee Gallelli added that she believes at the last meeting of the Town Planning Board, they gave substantial approval, but referred to their Planning Dept. certain draining issues to see if they were serious enough for the Town Planning Board to call for a Public Hearing.  Trustee Gallelli asked that a letter be sent to the Town Planning Department and Town Planning Board saying that Croton wants the opportunity to comment on changes and that they should hold a full Public Hearing and the Village should receive prior notice.  Trustee Gallelli will draft this letter.

Trustee Daubney  1)asked if the Planning Board discussed how the trail would go through Riverview?  Trustee Gallelli replied that it was talked about in general and Jan Wines spoke that they have reached an agreement with Herb Carey, but further agreements are to be negotiated.  2) stated that the street repairs in the Upper Village are going very well   3)  that the use and revenue of Silver Lake were up this year and the camp was a huge success; he congratulated Mary Zimmerman and the Recreation Dept.   4) reminded  everyone that tomorrow was primary day for all parties.

Trustee Grant reported 1)that the paving in the upper Village looks fantastic and a merchant contacted her, stating that he was grateful for the prior notification   2) that she had another phone call pointing out how courteous the Village staff was.

Mayor Elliott congratulated the Fire Department for the inspection yesterday and thanked the members and their families for the work they do all year.

Trustee Grant asked that the Board meet for a brief executive session at the conclusion of this meeting to discuss litigation.

Trustee Watkins made a motion to adjourn, seconded by Trustee Grant, approved by all.

The meeting was adjourned at 11:15 p.m.

Respectfully submitted,

Phyllis A. Bradbury


Village Clerk/Acting Clerk

Corrections to the minutes of the meeting of August 18, 1997:

Page 6, paragraph 1, line 5:  change to read:  Dr. Salzberg stated that Metro-North should be required to clean up the railroad ties and clean up the area.

Page 8, paragraph 1, #1: change to read:  Sharp & Fullen, etc.

Page 8, paragraph 4, next to last line should read: Half Moon Bay walk still needs, etc.