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October 6, 1997
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, October 6, 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
        Village Treasurer Campbell      Trustee Watkins


        Mayor Elliott called the meeting to order at 8:05 p.m.  Everyone joined in the  Pledge of Allegiance.


Trustee Daubney  made a motion to approve the minutes of the Regular Board Meeting held on September 22, 1997as corrected.  Trustee Gallelli             seconded the motion; approved by all.


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

                General Fund                    $56,025.73
                Water Fund                                     668.88
                Capital Accounts                          26,067.72
                Trust & Agency                      9,036.44                  

        Village Manager Herbek read the following correspondence (full text available   at the Village Office):

A letter from John V. D’Aquino, Asst. Commissioner, Westchester County Bureau of Environmental Quality,  issuing the Approval of Complete Works certification for the new well.  Village Manager Herbek stated that this approval from the Health Dept. was necessary in order to put the well in service.

A letter from William Vlad, Croton Fire Chief, requesting that Wayne Street be closed from Benedict Blvd. to Clinton Ave. for the annual Fire Fair on Sunday, October 12, 1997 from 12 noon to 5 P.M., Harmon Firehouse.  Permission was granted by the Board.

A letter from Rosalind Morrissey, Croton Community Blood Program, announcing the 55th semi-annual blood donor drive to be held at Croton-Harmon High School on Sunday, December 7, 1997 from 9:00 a.m. to 3:00 p.m.

A letter from Donald N. Nelson, Metro-North Railroad announcing their twelfth Open House at the Harmon Shop Maintenance Facility, on Sunday, October 18, 1997 from 10 a.m. to 3 p.m., with guided tours to begin at 10 a.m. at the shop’s main entrance.   

A letter from Lyn Roessler, Publisher, Half Moon Press, asking for the Board of Trustees to endorse Scenic Hudson’s campaign for the designation of the Hudson River as one of ten American Heritage Rivers which would aid in securing added federal financial support for the revitalization of the ten rivers.  Endorsement was granted; Village Manager Herbek will follow up.

A letter from Bill Schroh, Site Manager, Van Cortlandt Manor, requesting permission to use the upper train station parking lot for overflow parking on October 11 and 12, 1997 for their “Crafts through History” event.  It was the consensus of the Board to grant permission as requested.

5. Citizen Participation:

Ann DiCioccio spoke regarding the resolutions that were passed at the last regular board meeting for grant applications.  Ms. DiCioccio noted articles in the paper that stated that the Village might receive only a small portion of the grants applied for and asked what then would happen for the rest of the funding.  Mayor Elliott replied that the decision to go forward with the project would be decided if or when any grants are approved; he added that the Village has the option to refuse any grants.  Ms. DiCioccio asked about the newspaper article’s reference to citizens being able to petition for a Public Hearing on grant projects.  Attorney Waldman replied that there are a number of bond issues where residents can petition and this is called a permissive referendum.  Village Treasurer Campbell further explained that a bond over a million dollars is definitely subject to permissive referendum or any item that will be paid out over longer than a five year period would be subject to permissive referendum and the public could petition to vote on it.

Trustee Watkins added that this has been the subject of discussion before; if a grant is approved, the Board tries to make a determination if that money can be appropriately used with matching funds and whether they are prepared to use the grant money and to also commit Village money to the particular project applied for, but it has been the Board’s belief that the funds must be applied for before the decision is made to proceed with a project.

Trustee Grant added that these grant applications are really a wish list and many of the items are things that may have to be done.  She added that in any event, it is expected that the Village will not get all of the money applied for.

Debra Yurchuk-McCarthy stated that there are two separate grant applications for the Seprieo Property and asked how the Village arrived at the two different numbers.  Village Manager Herbek replied that Dolph Rotfeld and probably Phil Tully supplied the figures; he added that they took a look at it and gave an estimate.  He added that the Village did not pay Mr. Rotfeld for these services.

Ms. Yurchuk-McCarthy stated that she believes that the Village should not have applied for the grants before the feasibility study was completed.  Trustee Watkins replied that the issue is one of timing; there is a deadline to apply for grants and the Village would not get any money if applications were not completed by that deadline, the opportunity will have passed for the year.  Trustee Grant added that this Board is committed to the value and treasure of the Waterfront and that the improvement to the Seprieo property will not only assist Senasqua Park and the Yacht Club, but also increase the value of the property.

Ms Yurchuk-McCarthy asked if the grant is received for improvements to Senasqua Park and Black Rock, would the Village have the ability to restrict access to those facilities to Village residents and added that she would like to see the option to restrict use to Village residents.  Village Manager Herbek replied that he would have to get a definite answer to that.

Ms. Yurchuk-McCarthy asked what the status was of  the relocation of the salt storage shed.  Village Manager Herbek replied that the Village should not give up the search for a new location for the DPW.

Ms. Yurchuk-McCarthy referred to the item on the agenda tonight to call for a Public Hearing to waive residency requirement and asked what this was about.  Mayor Elliott replied that this would enable a member of the Zoning Board who is moving out of the community to remain on that board until the B&B issue is concluded.  Ms. Yurchuk-McCarthy replied that she believes this is bad policy and sets a poor precedent.  Trustee Grant stated that in the event of a split of vote, two and two, there would be a problem in breaking the deadlock; and since the process has been going on a very long time and she feels that it would be very difficult for a new person to come in and make a thoroughly informed decision.

Ms. Yurchuk-McCarthy questioned the use of cell phones by Village staff and suggested contracts to reduce cost; she added that she would like to see documentation of the Village Manager’s use of the cell phone.  Mr. Herbek replied that he would certainly furnish that information.  Trustee Watkins added that at budget time, every line item is discussed every year; he added that these cellular phone expenses were considered appropriate expenses.

Jim Neel, Van Wyck Street, spoke on the issue of the Zoning Board and stated that he would like to see the Bed & Breakfast issue resolved and approves the resolution to keep all current members on the Zoning Board.

Glenn Rickles stated that he agrees it is bad policy for the Village to appoint persons to boards who then move out of the Village, but he agrees with the resolution to allow the person on the Zoning Board to continue until a decision is reached.  He added that the same was done to keep Norm Sheer on the Planning Board for the duration of the Golf Course project and feels that this was the best decision and in the best interest of the Village.


a)      Trustee Daubney made a motion to approve the attached resolution authorizing the Village Treasurer to advertise surplus computer equipment for sale to the highest bidder.  The motion was seconded by Trustee Grant; approved unanimously.

Trustee Grant made a motion to approve the following resolution; seconded by Trustee Watkins.

RESOLVED, that the Village Manager is hereby authorized to sign the retainer agreement with the firm of Matthew D. Rudikoff Associates, Inc. of Beacon, New York to provide Environmental Consulting Services for the Village as set forth in the Resolution of Final Subdivision Approval for the Arrow Crest Cluster Subdivision as adopted by the Village of Croton Planning Board on March 15,1994 at a total cost estimate of $21,656.00.

Discussion:  Trustee Gallelli stated that there have been two recommend- ations received  -one from the Village Planning Board and one from the Village Engineer and that she looked at three things; 1) the firms involved,

2) the Village’s history working with consultants and 3) the fact that the Village Engineer made a recommendation and he will be responsible to work with the consultant on this project.  She added that it came down to her supporting the Village Engineers recommendation.

Vote was taken, with all voting “aye”.

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

RESOLVED, that the Village Board of the Village of Croton on Hudson, hereby accepts the dedication of the Sky View health Care Center sanitary sewer system to include the sewage pump station and 3,000 linear feet of six (6) inch diameter ductile iron force main with appurtenances, currently servicing Sky View Health Care Center, Arrow Crest Subdivision and Hudson National Golf Club as shown on the As-Built drawings, sheets #1, #2 and #2 entitled  “Topographic Survey of North Riverside Drive R.O.W.” prepared by Thomas C. Merritts, L.S., which plans also include the sanitary sewer easement on the Sky View Nursing Home property and

BE IT FURTHER RESOLVED, that the Village Manager is hereby directed to file the deeds in the Westchester County Office of Land Records.

Trustee Grant made a motion to approve the following resolution; seconded by Trustee Gallelli; all voted “aye”.

RESOLVED: that a Public Hearing is hereby called for Monday, October 20, 1997 at 8:00 p.m. on Local Law Introductory #5 of 1997, amending Chapter 50-1 of the Village code, waving the residency requirement of certain Village Officers.

Discussion:  Trustee Daubney stated that he was reluctant to approve a similar amendment for the Planning Board and is equally reluctant to approve this one, but asked if the Village will revise the law after the decision is made by the Zoning Board.  Mayor Elliott replied that this would be done.  Village Manager Herbek noted that the person involved may be moving out of Westchester County and it may not be possible to complete this revision.  Village Attorney Waldman stated that if that proves to be the case, the item can be scrubbed from the agenda and no Public Hearing will be held.

Vote was taken with all voting “aye”.

e.      Trustee Daubney made a motion authorizing the Village Manager to sign the agreement between the Village and the Croton Caring Committee effective for the time period of October 1997 through May 1998.  The motion was seconded by Trustee Watkins and approved unanimously.

f.      Trustee Grant made a motion authorizing the Village Manager to notify the County of Westchester the Board’s approval for the County Executive to file  for the rehabilitation and repair of the Sanitary Sewer System on behalf of Croton on Hudson.  Trustee Daubney seconded the motion; approved unanimously.


Village Manager Herbek reported that the semi-annual fire hydrant flushing program will start on Tuesday, October 14, 1997 and continue for about 6 weeks.  A notice to residents has been prepared.

Trustee Watkins asked why the water was discolored last week.  Village Manager Herbek replied that he believes it was caused by a fire drill the night before and Chief Vlad had the hydrant closed.  Trustee Watkins asked also if a program has been found for the Engineering Dept. to be notified of expiration of building permits.  Village Manager Herbek replied that this is being researched.

Trustee Gallelli reported tomorrow night’s Planning Board meeting has monopoly discussion on the agenda.  Trustee Gallelli reported also that the NYS Conservation Councils chose the Village’s Open Space Inventory for the Research Project Award, which will be received later this month at the conference.

Trustee Daubney reported that he attended the rededication and ribbon cutting at Spencer Field.  He added that he has received excellent feedback from the Recreation Committee on what the Recreation Program does and the Village should be proud of the way it operates and the many programs it sponsors.  Trustee Daubney reported that the County is moving ahead on the S. Riverside right hand turn only lane.  Trustee Daubney reported also that the completion of  the Library is projected for the middle of November.  Mr. Daubney noted that the Westchester County household chemical clean up day is scheduled to be held at FDR Park in Yorktown on October 18, 1997.  Trustee Daubney stated that the litter problem has been talked about several times and the school and merchants in town have been cooperating; he would like to make sure there are enough receptacles available.  Mayor Elliot added that both the High School and Middle School have a code of conduct  for  behavior in the Village and also that larger receptacles have been located and will be purchased.  Trustee Daubney reminded everyone about the Run Against Hunger to be held on October 19, 1997.

Trustee Grant noted a good example of the volunteerism in the Village when the Fire Department and the CCC were all in the Municipal Building the same night.  Trustee Grant reported that at the Senior Citizen meeting, it was brought out that there is again a proliferation of tag sale signs left on poles after the sale is over and reminded citizens that they should take down their signs immediately after the event.  Trustee Grant stated that the VEB minutes make a reference to signs that are put up before the committee gets  notice and asked Trustee Watkins what can be done.  Trustee Watkins replied that the VEB has approached the Village Engineer to make persons aware of the signage policy of the Village.  Trustee Grant asked Village Manager Herbek to follow up on a letter the Trustees received about resolution of a residential deck construction problem.  Trustee Grant will get Mr. Herbek a copy of the recently received letter.  Village Manager Herbek replied that everything that has to be done has been done; that an appearance ticket was issued, it was brought before the board, parties involved have filed for a variance from the Zoning Board of Appeals and action is pending.  Trustee Grant asked Village Treasurer to look into a matter of a disputed water bill.  Mr. Campbell will follow up.

Mayor Elliott congratulated the Rotary Club on the fine turn out for their Car Show.

Trustee Daubney made a motion to adjourn; seconded by Trustee Watkins; unanimously approved.  

The meeting was adjourned at 9:40 p.m.

Respectfully submitted,

Phyllis A. Bradbury

Village Clerk/Acting Clerk

Corrections to the minutes of the meeting of September 22, 1997.

Page 2, Citizen Participation, revise as follows:

He stated that the issue of having enough water to keep Arboretum wetlands viable depends on a supply of water to public property, which should be protected from any adverse impact.