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October 20, 1997

A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, October 20, 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 8:10 p.m.  Everyone joined in the  Pledge of Allegiance.


Trustee Grant made a motion to approve the minutes of the Regular Board Meeting held on October 6, 1997 as corrected.  Trustee Daubney 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                    $44,929.87
                Water Fund      6,981.27                                
                Capital Accounts                          14,754.76     
                Trust & Agency                    12,921.00                   

Mike Ritchie, Deputy Commissioner, Westchester County Dept. of Public Works, and Shay Gavin of Savin Engineering, gave an update of the Croton Point Landfill and an overview of what expectations are for the recapping of Railroad 1, a 16 acre adjacent landfill.  He added that this is a very pre- liminary indication that the program will include a recapping of Railroad 1 in the future.  The original capping was done in 1986; the sides were lined with clay which has had some erosion over the years; they will be recapping the site with material similar to that of the main landfill site.

Shay Gavin stated that they have been producing natural gas at the site; they are continuing to monitor the main landfill capping site and have encountered no problems

Discussion:  Dr. Salzberg asked how long the gas is expected to last before being exhausted.  Mr. Gavin replied that theoretically, it should last 20 to 30 years, but is considered mineable for 12 to 20 years, then in decreasing amounts another 10 years.  Dr. Salzberg asked about the problem of groundhogs digging through.  Mr. Gavin replied that groundhogs have an abundant food supply and housing at Croton Point and the County has had no ongoing problems in the landfill area; they have dug down to crushed stone and it seems the groundhogs go no further.  Trustee Grant asked as what point does the County find it prudent to let the Village know of a problem.  Mr. Gavin replied that the landfill report must be done annually and go to the DEC; if any violations occur, the Village will be immediately notified.  It was noted that the annual report is public information.  Trustee Grant added that she hoped that the County would contact the Village if a problem arose and the Village would not have to find out about it in an annual report.  Mr. Ritchie reported that to be considered for funding, even though the plan is five years out, they must start somewhere; funding is available today and lends itself to put the mechanism in place; he doesn’t want to miss the opportunity for funding.


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

A letter from Nancy D. Gold, on behalf of New Netherlands Museum, thanking the Board of Trustees for allowing the use at Senasqua park for public visitation to the Half Moon last year and the hospitality in allowing their Board to meet at Village Hall on a recent weekend.

A letter from Francesca Samsel, 84 Mt. Airy Road East, regarding their mural project and their decision to scale back the mural to encompass only the existing parking lot retaining wall on the Albert Realty property.  Ms. Samsel asked for permission for herself and any painting volunteers to step on Village property during the painting.  Trustee Watkins made a motion to allow the painters to step on Village property during the course of painting of this mural.  Trustee Gallelli seconded the motion.  Discussion:  Will there be insurance coverage in event of an accident?  Reply: this will not impact on rates and the painters will be covered.  Trustee Gallelli stated that this is a fine idea to have it on private property, but have a lot of public input and give the public an opportunity to comment as well as help with the project.

        Vote was taken, with all voting ”aye”.

A letter from Loretta Cerrato, Maple Street, regarding the problem of people parking in handicapped parking spaces in the Village; she noted that the town of Lavallette, NJ had signs with penalties posted and suggested the Village look into something similar.  Discussion:  Trustee Grant stated that citizens could take license plate numbers and call police; she suggested reminding people to not park in handicapped spots.  Village Manager Herbek stated that he believes one could not just make a phone call, but some type of report would have to be filed.  He added that he would like to get the input of the staff as well as the police department.  Trustee Gallelli stated that she sees this happening more in some areas than in others; usually areas where less handicapped spaces are available, it becomes more of a problem.

A letter from Trustee Gallelli, tending her resignation from the Board of Trustees effective October 21st; stating that she will be filling the open spot on the Planning Board.

Mayor Elliott requested concurrence from the Board of  Trustees to appoint Ann Gallelli to the Planning Board to fill the vacancy. Trustee Grant made this motion for approval; seconded by Trustee Watkins.  Vote was taken, with Trustees Grant, Watkins and Mayor Elliott voting “aye” and Trustee Daubney abstaining.

Mayor Elliott stated that he is appointing Glenn Rickles to the vacant position on the Board of Trustees.

Mayor Elliott accepted Glenn Rickles’ resignation from the Planning Board.  He announced the appointment of Paul Rolnick to the Zoning Board and the appointment of others to fill the Public Arts Committee.


Dan Salzberg spoke as the Environmental Consultant to the Board regarding Rudikoff Consulting Co., stating that he hasn’t been contacted regarding Westwind and he would like the Board to formally write Rudikoff and ask that they get in touch with Dan Salzberg.  Regarding Arrowcrest, he would like a specific recommendation that they involve Dr. Salzberg from beginning.  He added that there are a number of touchy spots with which he would be of help.  Village Manager Herbek stated that he would get these letters sent.

Glenn Rickles stated that it was an honor to be asked to sit on the Board of Trustees and pledged he would always do what is in the best interest of the Village of Croton.  He added that a Public Hearing will be held by the Planning Board regarding installation of monopoles in the Village on Wednesday at the Municipal Building..

Karen Jescavage-Bernard spoke on behalf of the Croton Dam Homeowners, regarding the changes in a proposed subdivision that would impact on Silver Lake, informing the Board that the planners have revised the plans to comply fully with the original complaints about the design.  She thanked the Board for intervening so quickly and will give copies of all correspondence to the Village.

Debra Yurchuk-McCarthy suggested work session that will be held after tonight’s meeting be televised.  Regarding the mural, Ms. Yurchuk McCarthy asked if there are any guides for regulation of such painted murals on commercial property.  Mayor Elliott replied that this has been researched by the Village Engineer and the answer is that there is nothing in the codes; perhaps an Architectural Review Board would be beneficial in cases like this.  Ms. McCarthy stated that the last meeting she asked if accepting grants for Black Rock & Senasqua would allow the Village to restrict use to residents; she has learned that the restriction cannot be imposed and asked to consider withdrawing the grant application.  Trustee Grant stated that she doesn’t believe this has caused any problems in the past when grant money was used.  Village Manager Herbek stated that restriction depends upon where grant money comes from-CDBG funds allow restriction of use to certain segments of the population.  He added that the present grant applications are for State funds and if accepted, restriction to Village residents only is not allowed; however, a fee to those outside the Village can be imposed.  Village Attorney Waldman added that he could research if the Village would be allowed to specify for that portion which is used to bring in the improvements to Senasqua, only Village funds as part of the matching Village funds will be used and for the major portion, which would include property that had not previously been restricted to Village residents and the finance of museum, restaurant, etc. which would never end up be restricted, State/Federal funds can be used for this area.   Ms. Yurchuk-McCarthy stated that she thinks the Board should hold a public hearing now before applying for grants or withdraw the applications.  Trustee Grant added that she is not sure she would want to exclude everyone from outside the Village


A1.Trustee Daubney made a motion to approve the following budget modification; seconded by Trustee Gallelli:

BE IT RESOLVED: the Treasurer is hereby authorized to make the following budget modification:
                Transfer from 1-1-1990-0400 Contingent Account
                Transfer to 001-3410-0451 Fire Alarms                   $7,600.

        Discussion:  Money that is being moved will not create a problem.

        Vote was taken, with all voting “aye”.

A2.Trustee Watkins made a motion to approve the following budget modification; seconded by Trustee Daubney.

BE IT RESOLVED: the Treasurer is hereby authorized to make the following budget modification:
        Transfer from 1-1-1990-0100 Contingent Account
        Transfer to 001-3120-0210  Police vehicles                      $21,000.

Discussion:  Trustee Grant stated she is opposed to any additional vehicles.  Trustee Daubney stated that this will allow for three vehicles, with 2 in use all the time on back up is not enough.  Trustee Gallelli stated that another 2 police vehicles were in the budget for next year; if one is purchased now, only one will be considered next year.  Trustee Watkins stated that they always have to know the status of vehicles, since one is currently down, this is what prompted this request.

Vote was taken with Trustees Daubney, Gallelli, and Watkins voting “aye” and Trustee Grant voting “nay”.

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

RESOLVED:       that a public hearing is hereby called for Monday, December 1, 1997, 8:00 p.m. on Local Law Introductory #5 of 1997, to regulate telecommunications towers.

Discussion:  Village Manager Herbek stated that he will check with NYCOM on the usual fees imposed.  Trustee Grant stated that she would like to see the proposed draft available at the Planning Board, Library and Village office.  

Vote was taken, with all voting “aye”.

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

RESOLVED: that the Village Manager is hereby authorized to sign the agreement with Kellard Engineering & Consulting P.C. to provide professional engineering services for the design and preparation of Bid Documents for the Extension of a Water Main along NYS Route 9A for a cost of $52,000.00 for the design work and during the construction phase, $1,800.00 for surveying work and engineering services at their hourly rate schedule, not to exceed $65,000 total cost.

Discussion:  This will be a major step to fulfilling the Village’s obligation to connect the Village water system to Scenic Ridge, from Arrowcrest Road to Warren Road.

Vote was taken, with all voting “aye”.

d1      Trustee Daubney made a motion to approve the following resolution; seconded by Trustee Watkins, approved by all.

        RESOLVED: that Patrick E. Calcutti of 221 Grand St., Croton on Hudson, is hereby appointed to the position of Police Lieutenant from Westchester County Eligible List No. 77-075, effective December 5, 1997 at a salary of $68,066.

d2.     Trustee Watkins made a motion to approve the following resolution; seconded by Trustee Gallelli; approved unanimously.

        RESOLVED: that Michael R. Nolte, 14 Crest Court, Hopewell Junction, NY, is hereby appointed to the position of Police Sergeant, from Westchester County Eligible List No. 77-076, effective December 5, 1997, at a salary of $62,860.

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

RESOLVED: that a public hearing is hereby called on Local Law Introductory #6 of 1997, to amend Section 122-1 with regard to fees for garbage and rubbish, for Monday, November 3, 1997, 8:00 p.m.

Discussion:  This follows a work session and an extensive survey of all commercial establishments with collection twice a week and Village records have been updated; there will be a number of commercial establishments that had not been paying, but will now be expected to pay for collection;  Ken Kraft will notify users.


Village Manager Herbek asked for input from the Board regarding changing the date of the Village election which would be on St. Patrick’s day in 1998; a resolution would have to be adopted by November 17th if the Board opts to change election day from Tuesday to Wednesday.

Mr. Herbek reported that the new Village Newsletter, now called the Village Review has been distributed.  He noted that the leaf pickup schedules and regulations are published in this issue.

Trustee Watkins asked about the Parking Lot Improvement funds.  Village Manager Herbek replied that TIP money has been allocated and there will be a meeting with John Kennard for the next step.  He added that he believed the Village will have to enter into a Memorandum of Understanding with Metro North regarding these funds.  The design work will include upper portion, lighting, greenery, daily parking, and grading; he added that there is hope to change the parking so the Westchester County buses can go right to the entrance to the station.  Village Treasurer Campbell added that they are currently parking about 2,000 cars a day.

Trustee Watkins suggested an Adopt-A-Highway project for Rt. 9 and asked Mr. Herbek to look into this.  Village Manager Herbek replied that he would have to work with the County Dept. of Transportation and Ken Kraft and he believes the County has an Adopt-A-Highway program in place and the Village could perhaps utilize this program for this stretch of road.

Trustee Watkins added that Trustee Ann Gallelli has served with great distinction on the Board and that there has been no Trustee in his 19 years of residence that has been as well prepared, with a great focus on analysis on the issue, concern for the benefits of Croton citizens, sensitivity and integrity as Trustee Gallelli.

Trustee Gallelli mentioned the newsletter and an article in it about the items for sale by the Centennial Committee; she pointed out an error in price for the calendar.  Trustee Gallelli added that the Centennial Committee website will be up and running soon and ads for the Centennial Journal are available now.

Trustee Daubney reported that he has noticed some dumpsters in the Village have a tremendous amount of trash around them;  this should be addressed by the Village and appropriate fines applied.  He added that political signs are considered litter and should be removed.

Trustee Daubney reported that the Run Against Hunger was a success.  He added that Sam Colombo took part in the fun run, got sponsors and collected over $2,000 for the charity.  Trustee Daubney reported that the Arboretum Committee did a good cleanup.  Trustee Daubney added that the Fireman’s Fair was well attended.  Trustee Daubney congratulated Village Manager Herbek for the work he has done on the grants for the parking lot improvements.

Trustee Grant stated that is was a pleasure to serve with Trustee Gallelli and echo’s Trustee Watkin’s statement.  Trustee Grant added that Ann Gallelli is unquestionably the best person to serve on the Planning Board.  Trustee Grant noted that Halloween will be on Friday night this year and asked that all parents/guardians keep an eye on kids and keep this a safe, happy Halloween.

Mayor Elliott thanked Ann Gallelli for her work on behalf of this Board and the Village.  Mayor Elliott stated that the Harry Chapin Race was a good community involvement day and Mr. Colombo doing what he did was commendable.

Trustee Daubney made a motion to adjourn.  The motion was seconded by Trustee Gallelli.  All voted “aye”.  The meeting was adjourned at 10:00 p.m.

Respectfully submitted,

Phyllis A. Bradbury, Secretary

Clerk/Acting Clerk