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November 3, 1997
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, November 3, 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 Grant
        Village Attorney Waldman                Trustee Rickles
        Village Treasurer Campbell      Trustee Watkins


        Mayor Elliott called the meeting to order at 8:00 p.m.  Everyone joined in the  Pledge of Allegiance.

1a) Village Manager Herbek conducted the swearing in ceremony for Glenn Rickles as a member of the Croton-on-Hudson Board of Trustees.


Trustee Grant made a motion to approve the minutes of the Special Board Meeting held on August 20, 1997 as corrected.  Trustee Daubney seconded the motion; vote of approval was given by Trustees Grant, Daubney and Watkins, with Trustee Rickles abstaining.  

Trustee Grant made a motion to approve the minutes of the Regular Board Meeting held on October 20, 1997 as corrected.  The motion was seconded by Trustee Watkins; approved by Trustees Grant, Watkins and Daubney, with Trustee Rickles abstaining.  

Trustee Grant made a motion to approve the minutes of the Special Board Meeting held on October 23, 1997.  The motion was seconded by Trustee Daubney.  Trustees Daubney, Grant and Mayor Elliott voted “aye”;  Trustees Watkins and Rickles abstained.


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

                General Fund                            $  62,136.66
                Water Fund                                  11,984.02
                Capital Accounts                            28,364.74
                Trust & Agency                        2,447.30               

4.      PRESENTATION:   
John Goplerud gave a presentation and announced that the NY State Asso. of Conservation Commissions, at their annual conference, awarded the Research Award to the CAC for their development of the Open Space Map for Croton on Hudson.  Mayor Elliott accepted the award on behalf of the Village.

Village Manager Herbek opened the Public Hearing for Local Law #6, to amend Section 122-1 G(1) with regard to fees for garbage and rubbish collection for commercial and other high use establishments (full text attached).

Village Manager Herbek stated that this item was discussed at work sessions; when Ken Kraft came on board, he took a look at commercial establishments in the Village and determined who was paying for excess garbage and who was not; it was realized that there was some disparity among commercial users; the new language in this local law will clarify any discrepancies that currently exist and will make for a more equitable situation regarding commercial garbage collection.  

John Harbeson asked how ‘fair and equitable’ applies and what changes occur.  Village Manager Herbek replied that the current law referred only to dumpsters, not containers at all and the original law had referred to a $40.00 charge, which had been increased to $50.00 by resolution.
Trustee Grant made a motion to approve the Local Law.  Trustee Daubney seconded the motion.

Discussion:  Trustee Watkins would like it made clear that if an establishment fails to pay the fee  a) their garbage will not be picked up and  b) a prompt enforcement of the law would occur.  Village Manager Herbek replied that if the fee is not paid, they would be in violation of the Village Code and if trash is not collected, they would be issued a court appearance ticket.  He added that this cost is less than a private carter would charge.  Trustee Daubney asked how this will be enforced.  Trustee Campbell replied that they will be promptly informed that the fee must be paid by a certain date or there will be no pickup; generally, this is all that is needed.  Village Manager Herbek added that a Code Enforcement Officer, Ken Kraft and other department heads all have authority to issue appearance tickets.

Vote was taken, with all voting “aye”.


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

A letter from Bennett Kielson Storch & Co regarding their review of internal controls and audit procedures.  Trustee Watkins stated that a number of suggestions were set forth in this letter and asked if they have all been implemented.  Treasurer Campbell replied that all have been taken care of except for Engineering and that is being worked out.  Village Manager Herbek suggested that a representative from Bennett  Kielson & Storch come to the work session on November 12, 1997 and give a more comprehensive report on how all is working.  Trustee Watkins suggested if Mr. Campbell has difficulty with the proposals, a solution will have to be worked out.  Village Attorney Waldman suggested that the auditors prepare a fairly detailed written set of instructions for each person who occupies a particular function.

A letter from Edward Buroughs, Chief Planner, Westchester County Planning Board, stating that they have no objection to the Board of Trustees assuming Lead Agency status for the SEQR review of the Sprint Spectrum monopole proposal.  Village Manager Herbek verified that Village Attorney Waldman will be present at the November 12th work session to review the recommendations.

A letter from Norman Sheer, representing Mary Ellen Low, with the proposal of a donation of her property that is located by the Village’s well fields.  Village Manager Herbek stated that this land is just beyond the well fields and includes property lying between Rt. 129 and the Croton River; the staff recommendation is that the Village should accept the property; costs would be incurred for closing, cleanup and a comprehensive appraisal.  Treasurer Campbell added that the charges for cleanup may be substantial and he questioned what kind of appraisal Ms. Low is asking for.   Trustee Grant stated that she is very much in favor of the Village owning property along the Croton River.  Mayor Elliott suggested informing Mr. Sheer that the Village is interested in the property and asking him to give a rough idea of the appraisal and closing costs and ask how they are going to address the cleanup of the property.
A letter from Jan E. Reibel, 99 Mt. Airy Road suggesting the Village might consider a memorial for Bill McCaffrey, a former member of the Recreation Committee and a very active member of the Croton community for many years. Trustee Daubney asked that this be referred to the Recreation Advisory Board.

A letter from Andy Mayti announcing the Veterans Day Memorial services will be held at the Memorial plot on Tuesday, November 11th at 11:00 a.m.

A letter from Karen Jescavage-Bernard, Croton Dam Homeowners’ Asso. thanking the Board and the Water Control Commission for their quick action on the proposed revisions to the Quaker Bridge Estates subdivision.

A letter from Joseph J. Petrocelli, Commissioner, Dept. of Transportation regarding the County bus shelter program and asking that the Village reconsider its decision not to participate in this program.  Mayor Elliott stated that it has been Village policy not to participate in this program; the shelters are very large and contain advertising which cannot be controlled locally; the subject can be addressed again at any time or the Village may want to explore other shelters as well as look at existing County bus shelters.

A letter from Stephen J. Rodgers, BBMS Transportation  stating that they are applying to the Hudson Valley Regional. EMS Council for an Ambulance Certification as a Basic Life Service for non-emergency ambulance transportation and asking for a letter of support from the Board.  Mayor Elliott suggested referring this to the Fire Department, Nursing Homes, and the Croton Caring Committee for comments.

A letter from John T. Felt, AICP, Cortlandt Dept. of Planning & Community Improvement, noticing a Public Hearing to be held November 12th on the proposed amendments to the Town Zoning ordinance by Teatown Lake Reservation, Inc. to create an additional permitted use in the of a Private Nature Preserves, open to the public, R-80 district.  Mayor Elliott suggested Mr. Herbek write a letter in support of the proposal and also to refer this to the Planning Board.  Trustees Grant, Daubney, Watkins and Rickles agreed.

A letter from Karen Jescavage-Bernard regarding the appointment of a monitor for the Arboretum water system, suggesting the following volunteer entities: the Village’s Environmental Advisor, Water Control Commission members, and designated members of the Arboretum.  Village Manager Herbek added that he also received a faxed letter from Linda Whitehead on behalf of Hudson National Golf Club confirming the current status on this matter and suggesting the appointed monitor be an impartial employee of the Village, such as the Village Engineer.  Trustee Rickles stated that he is concerned that the Village Engineer already has a lot to do and perhaps this should not be added to his duties; he noted that the appointment be an individual previously suggested who lives near the area.  Trustee Grant stated that in the original agreement that was signed with the Arboretum it was stated that there would be no cost to the Village and sending the Village Engineer would incur cost; she suggested perhaps two people could do the reading-one from the Arboretum and one from Hudson National.  Trustee Watkins suggested that Dr. Salzberg, if he is willing, could do the reading.  Trustee Grant added that it should be made clear that Dr. Salzberg is a member of the Arboretum.

Trustee Grant  made a motion that, at the appropriate time, it is the Village’s intent to appoint the Village Environmental Consultant or a member of the Water Control Commission or a member of the Arboretum to monitor the water meter and invite a member of Hudson National Golf Course to join the designated person to assist in reading the meter.  The motion was seconded by Trustee Watkins.  Vote was taken and all voted “aye”.

A memo from Norman Sheer, representing the Planning Board, informing the Board of Trustees that after discussion of the present Accessory Apartment Law, in particular, Section 2j30-41, the Planning Board recommends no change in the Accessory Apartment Law.  Trustee Daubney stated that he feels that new homes should be allowed accessory apartments.  Trustee Rickels noted that the Planning Board did discuss history and reasons for the law; they felt that expectations upon moving into the Village is that the character of the neighborhood would not really change drastically; however, allowing accessory apartments could drastically change an area.    Trustee Watkins stated that this subject would be appropriate for one of the upcoming work sessions.  Mayor Elliott suggesting looking into alternative suggestions and perhaps get a rough idea of how many available lots exist.   Trustee Grant stated that she would excuse herself from voting on any recommendation as she does have a legal accessory apartment; however, Trustee Watkins asked that Trustee Grant be available for comments on this matter.

A letter from John J. Gochman, Esq., on behalf of Larry’s Taxi,  regarding the taxi agreement renewal.  Village Manager Herbek made the suggestion to enter into separate agreements for the two taxi companies and asked for a recommendation about location of taxi spaces if Larry’s Taxi opts to occupy only four spaces and also for the possibility of offering two additional spaces, if available, to J & S Taxi or hold the spaces for another taxi company.  Trustee Watkins stated that he is not in favor of switching parking spaces, allow the taxi companies to buy the number of spaces they want and offer the rest to whomever is interested.  Village Manager Herbek stated that the two spaces that would then be available, would not really be saleable, as they are not in the front and are really waiting spaces.  A representative for J & S Taxi stated that there is a need for 12 spaces and J & S is willing to pick up the additional two spaces, but one should be in front of the station and the other in the waiting area.  Village Attorney Waldman reiterated it is his understanding that if Larry opts to take 4 spaces, J & S is not interested unless one is space is up front; he added that there is then the issue that if at the end of the year, should Larry be given the option to increase his number of spaces.  Village Manager Herbek asked if J & S would be willing to pay for the repainting of space markers; the answer was that they would pay.  Trustee Watkins asked that this matter be resolved as soon as possible.

A letter from Alex Yamet, Eklof Court, asking that a sidewalk be constructed along Rt. 129.  Mayor Elliott stated that he has had conversations with the Dept. of Transportation and they are going to look again at this area to see if a solution would be sidewalks.  Village Manager Herbek stated that the Village would probably get approval from the State to put in sidewalks, but it would be at Village cost; he added that there are other areas that should be looked at and should be prioritized.  Trustee Grant added that the Sidewalk Committee is preparing its first report and they will invite Alex Yamet to a meeting.


Karen Jescavage-Bernard, addressed the letter from Linda Whitehead and stated that the flow meter does not meter outflow just from the Golf Course, but meters flow from all sources.

John Sarcone stated that he believes that non-residents should not be members of Croton boards and if a member moves out of the Village, he/she should resign from a Board.  Mr. Sarcone added that he is against the issuance of any permit to Metro Enviro that would be different than the original.  Mr. Sarcone stated that people should be surveyed to see what kind of business they would like to see come into the Village.  Mayor Elliott replied that there is a Committee to address just this and Mr. Sarcone is welcome to attend their meetings.  Mr. Sarcone asked if any funds are missing from any other areas than the one previous discussed.  Mayor Elliott replied that the Village books are balanced.  Mr. Sarcone called for a public investigation of the propriety of the way the resignation of Ann Gallelli and the appointment of Glenn Rickels was handled.  Mayor Elliott replied that all was done legally and he reminded that Trustee Rickles is on the Board only until the next election is held in March.

Ms. Yurchuk-McCarthy addressed environmental issues and recommended that a member of the CAC be designated monitor for the Arboretum-Golf Course meter; John Goplerud advised that their area of expertise is in conserving space, not water monitoring.  Ms. Yurchuk-McCarthy asked how many non-residents serve on Village boards.  Trustee Grant replied that she believes there are three and all are on advisory boards, have expertise in their respective area, are valuable assets and should continue in that capacity.  Ms. Yurchuk-McCarthy stated she would like the Board to decide if a policy or guidelines are necessary for non-residents to serve on Advisory Boards.

Ann DiCiccio asked if in the report from the auditors, there was any suggestion that every transaction be done by check.  Village Attorney Waldman replied that the Village cannot refuse cash.

Jane Shafrann stated that  last Friday was Halloween and she was shocked at the behavior of some kids who did damage in the Village; she asked if there were any arrests or incident reports and what can be done about such situations.  Mayor Elliott replied that he had not heard of any incidents; that all Boards have worked on the vandalism problem and will continue to work with the Schools and Recreation Department.  Trustee Grant added that did talk about Halloween at the previous meeting and she had considered sending out a letter; she added that the police were taking a serious issue with groups that congregate.

a.      Trustee Daubney made a motion to approve the following resolution.  The motion was seconded by Trustee Rickles.  Vote was unanimous in favor.

WHEREAS: the County of Westchester administers a Community Service Program which provides for alternative forms of sentencing to punish offenders who may qualify for those alternative forms of sentencing, and;

WHEREAS: the Village seeks to enter into an inter-municipal agreement with Westchester County,

RESOLVED: that the Village Manager is hereby authorized to sign the attached inter-municipal agreement with Westchester County which provides for alternative forms of sentencing and punishment to qualified offenders.

Trustee Rickles made a motion to approve the attached resolution declaring the Village Board of Trustees as Lead Agency in the adoption of the Greenway Vision Plan as an amendment to the Village’s Comprehensive Plan. (full text attached).  Trustee Grant seconded the motion. Vote was unanimous in favor.

1. Agenda item: Resolution for budget modification to provide funding for the management study as proposed by Robert A. Frankel-  held over for further discussion.

c.      2. Agenda item: related to item “c” above  -held over for further discussion

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

BE IT RESOLVED:         the Treasurer is hereby authorized to make the following budget modification:

        TRANSFER FROM:                  TRANSFER TO:    
        1-1-1990.0400 Contingent Acct.          1-1-1640.0460 Central Garage, Bldgs & Grounds ,

This transfer is to cover the cost of the replacement of the rooftop-heating unit for the Village
garage as submitted by Ideal Air Conditioning.

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

        RESOLVED: that the Environmental Conservation Policy drafted by
                the Conservation Advisory Council is hereby adopted.

9.      REPORTS:

Trustee Watkins asked about the status of Village leaf pick-up.  Village Manager Herbek replied that information has been published in the Village newsletter; pickup was started last week; residents can rake to the curb until December 1st; then will have to bag leaves.  Trustee Watkins asked about the Fire Department report.  Village Manager Herbek replied that it will be completed before the end of the month.  Trustee Watkins welcomed Trustee Rickles to the Board.

Trustee Rickles reminded everyone that Election Day is Tuesday; that the Planning Board is meeting on Wednesday at 8 p.m. – discussion on the Sprint monopole is on the agenda.  Trustee Rickles reported that a new Italian bakery is opening in the Village shortly.

Trustee Daubney suggested that the leaf pick-up schedule should be published
in the Gazette.  Trustee Daubney reported that the focus of the Marketing
Committee seems to be on litter in the Village and they want to know more about
Code enforcement. Trustee Daubney stated that the Historical Society has
moved into the Municipal Building.  Trustee Daubney also welcomed Trustee
Rickles to the Board.  Trustee Daubney asked if the footbridge construction is on
schedule.  Village Manager Herbek replied that this will be a winter construction
project and work has been started.

Trustee Grant stated that the Sidewalk Committee is meeting on the 17th and their report should be completed shortly.  Trustee Grant reported that the Village Teen Council has a “laundry list” of projects – December 1st, AIDS awareness Day; they are considering a Community garden at the Municipal building, but need formal approval for the project, then they will meet to work on plans for the front of the building.  The Board of Trustees gave approval and Village Manager Herbek will put it in writing.  Trustee Grant asked when the Brook Street house will be coming down.  Village Manager Herbek replied that the contract for the building must be given to the same company as for demolition because of a retaining wall resting against the rear of the building; the Croton Housing Network is getting specs out to bidders; also, the County needed further information.

Trustee Daubney made a motion to adjourn, seconded by Trustee Rickles,
approved unanimously.  The meeting was adjourned at 11:15 p.m.

Respectfully submitted,

Phyllis A. Bradbury, Secretary

Deputy Clerk/Acting Clerk

Corrections to the minutes of the Board Meeting of August 20, 1997

Page 4, 1st paragraph, line 3: change from Public hearing to Public meeting.

Page 4, 3rd paragraph, bottom:  Change to read that Attorney Waldman said that he would research, if necessary, if the Village could specify that the matching funds the Village would bring into the project could be used for Senasqua and the State funds be used for the balance of the property designated for the project.

Page 5, paragraph 7, last line should read:  Trustee Watkins stated that one vehicle is out of service and the backup is being used, leaving no  additional backup vehicle available.  This situation has prompted the request.

Corrections to the minutes of the Special Meeting of August 20, 1997:

Add Trustee Daubney to those in attendance.


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

RESOLVED: that the Village Manager is hereby authorized to sign the “Indexed
        Lump Sum Snow and Ice Agreement” between the New York State
        Department of Transportation and the Village of Croton-on-Hudson for a
        period of one year; now to expire on June 30, 2000, unless further extended.