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June 30, 1997

A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, June 30, 1997 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.  At that time, the following officials were present:

        Mayor Elliott                   Trustee Grant
        Village Manager Herbek          Trustee Watkins
        Village Treasurer Campbell      Trustee Gallelli
        Village Attorney Waldman                
                                                Absent: Trustee Daubney

1. Call to Order:
        The meeting was called to order at 8:00 p.m. by Mayor Elliott.  Everyone joined in the Pledge of Allegiance.

2. Approval of Minutes:
        Trustee Grant made a motion to approve the minutes of the Regular Meeting of June 9, 1997.  Trustee Gallelli seconded the motion; unanimous vote in favor.

        Trustee Gallelli made a motion to approve the minutes of the special meeting of June 10, 1997; seconded by Trustee Grant; approved by all.

3. Approval of Vouchers:
        Trustee Grant made a motion to approve the vouchers as follows, subject to review by the Audit Committee.  The motion was seconded by Trustee Gallelli and approved by all.

                General Fund                    $196,409.85
                Water Fund                         7,997.04
                Capital Accounts                  54,919.28
                Trust & Agency                    81,484.69

4.      Public Hearing:
        Mayor Elliott opened the public hearing on an amendment to the  MediaOne franchise agreement, wherein the Village would not have a studio dedicated for public access use, but would instead have the benefit of an additional $10,000 of capital funds for future equipment purchases and receive annually an additional $5,000 for yearly operating costs to be used for governmental access.

        No public comments were brought to the floor.  Mayor Elliott closed the public comment section of the public hearing.

        Trustee Gallelli made a motion to move the resolution (full text attached) and authorize the Village Manager to sign the agreement.  The motion was seconded by Trustee Watkins; unanimous approval.

5. Correspondence: (full text available at the Village office)
        Village Manager Herbek read the following correspondence:

a)      A letter from NYS Board of Real Property Services with the tentative 1997 equalization rate established at 10.37 for Croton on Hudson.  Village Manager Herbek stated that this is a favorable change for the Village and appears to be an accurate rate.

b)      A letter from Carol Coggeshall, Chair, Westchester County Soil and Water Conservation District, stating that it has rewritten its "Model Ordinance for Wetland Protection" and enclosing a copy of this publication.  A copy will be kept on file in the Village Office and, if more can be obtained, will be sent to the WCC for review.  Trustee Gallelli suggested members of the WCC and Dan Salzberg be offered the opportunity to go to a workshop on October 10th.

c)      A letter from Carl Picha, P.E. NY City Dept. of Environmental Protection acknowledging Mr. Herbek's letter of May 23, 1997 concerning the removal of the flash board from the crest of the New Croton Dam and making note that he does not see any insurmountable reasons why the flash boards should not ulti- mately be removed and suggesting the Village keep in touch over the next year about the resolution of this matter.

d)      A letter from Walter L. Groden, Fire Coordinator, Westchester County Fire Training Center with an update on the County's computer-aided dispatch and records management system and noting that they are asking all fire departments to designate a contact person who is asked to supply certain information as stated in this letter.

        Village Manager Herbek added that the meeting was held a few weeks ago was attended by Ed Mills who prepared a report.  Mr. Mills stated that only two municipalities signed on with IMA and recommended that the Village not sign on; Village Manager Herbek will discuss this further with Bill Vlad.

e)      A letter from Robert F. Davis, Attorney, on behalf of HMB Acquisition Corp, enclosing a Protest Petition with respect to the proposed Waterfront Development District and its potential application to their client's property.  Mayor Elliott stated that this protest is noted and copied to the Planning Board.

f)      A letter from Harriet L. Boyle, Cortlandt Town Clerk, with attachments related to vandalism, theft and other problems possibly related to the chain link fence and gate built and maintained by Metro-North.  Mr. Herbek stated that Cortlandt referred this matter to the Village of Croton and to Metro North for investigation and possible action.  Trustee Gallelli stated that she asked the Town if they had taken any action and they replied that they had not.  Mayor Elliott suggested perhaps Croton should act as an advocate on behalf of Mr. Rubinfien and determine if Metro North could put up a “no parking” sign and see that the gate is kept closed.  Village Manager Herbek stated that he will look into this.

g)      A letter from William Cahill, Project Manager, Columbus Construction Corp. stated that they were declared low bidder for the Asphalt Resurfacing for 7 miles on Rt. 9 from Croton Point Rd. to Welcher Ave. and that construction will commence on Monday, 7/7/97. Mr. Cahill further explained the project, including the fact that is was a condition of permission from NYS-Dot that they secure written approval from Village Manager Herbek's office for nighttime operations.  Trustee Gallelli stated that she was under the impression that paving would be done in 1998; that the Village had very short notice; that night work would incur very bright lights & noise with some areas being more affected than others and questioned if the company really needed Village permission to proceed and if other municipalities involved have been asked for permission.  Village Manager Herbek stated that part of this job is the installation of median barriers and guide rails which the Village has been asking for; perhaps the DOT should have notified the Village sooner, but he added that he will let people know this is going to start.  Trustee Grant stated that the Village has been lobbying for median barriers, but that working at night is much more expensive.  Village Treasurer Campbell stated that a lot of major road paving is done at night and construction firms bidding take that cost into consideration.  Trustee Grant suggested exploring evening paving for the next phase of the parking lot.  Village Manager Herbek replied that they could look into this and it could be reviewed again by the Parking Lot Advisory Committee.  Mayor Elliott recommended that Village Manager Herbek handle the response to this letter; all members of the Board agreed.  Village Manager Herbek reported that on June 12th, the bid was let on the pedestrian bridge, the low bidder will be selected shortly and could expect construction to begin in late August with completion scheduled for May of 1998.

6. Citizen Participation:

        Eileen Baxter, Farrington Road, asked to reverify the dates for construction of the pedestrian bridge and asked about the Croton River Bridge dates.  Village Manager Herbek replied that it has another year to 18 months to go; that they have run into some problems, he can furnish details if necessary.  Ms. Baxter asked about the graffiti on the Senesqua/Rt. 9 Bridge.  Mr. Herbek replied that this is one of a number of letters that he has sent out to various jurisdictions about graffiti.  Ms. Baxter inquired about Phase II of the parking lot project.  Village Manager Herbek replied that at the July 14th meeting, Lev Zetlin will be present; timetable is- 30% of the design work completed in September, 60% by November and 100% before the end of the year with bidding to take place in Jan-March, award to be given in April, construction to begin May 1998 and completion by the end of the summer.  

7. Resolutions:

a)      Trustee Watkins make a motion to approve the following resolution, seconded by Trustee Gallelli, approved by all.

        RESOLVED: that the Board of Trustees' meeting in August is hereby rescheduled for Monday, August 18, 1997.

b)      Regarding the request by Kevin R. Donnelly, Westchester County Dept. of Parks & Recreation & Conservation to use a portion of the Village Parking lot to use as overflow parking for the Croton Point Park RiverFair 97, Trustee Grant asked that Croton residents be allowed to park free at the Croton Point Park.  After discussion, it was decided that Village Manager Herbek be allowed to deal with this matter.

c)      Voting on the resolution regarding issuance of a bond anticipation note in the amount of $848,402. was postponed.  Trustee Grant noted that she would like to have separate voting for several items such as replacement vehicle and architect's fee which might require two bond notes.  Trustee Grant also suggested changing a part of the resolution to say "Architects fee for replacement of Harmon Firehouse, renovations and additions to Grand Street Firehouse or for consolidated firehouse".  Trustee Grant also commented that all leads should be exhausted for funding of window replacement in the municipal building before including it in a bond issue.

d)      Trustee Gallelli made a motion to approve the attached resolution designating the Village Board of Trustees as Lead Agency with respect to the Creation and Application of Waterfront Development District; seconded by Trustee Grant, approved by all.   

e)      Trustee Gallelli made a motion to approve the attached resolution urging Governor George Pataki and the NYS Legislature to include the Estuary Management Program as a permanent category in the State budget.  Trustee Watkins seconded the motion; unanimous approval.

8. Reports:

        Village Manager Herbek reported that on July 23rd, there will be a "Connections Community Meeting”, 7:00 to 9:30 regarding the future of Westchester County Transportation System held at the Briarcliff Manor Municipal Building, sponsored by West- chester County Dept. of Transportation and Pace University.  Village Manager Herbek is planning to attend and welcomed others to attend also.

        Village Treasurer Campbell reported he has received the NY State final audit; he will get copies to the Board of Trustees and copies will be available in the Village Office.

        Trustee Watkins questioned how the correction of the flooding area in the parking lot worked.  Village Manager Herbek replied that trench drains were installed and worked very well during the last heavy rainstorm; the parking lot itself will require further addressing.  Trustee Watkins asked if the work will be starting tomorrow on the tennis courts.  Mayor Elliott replied that he hadn't heard that it would.

        Trustee Gallelli reported that she received complaints about the noise level of music during the recent event at Croton Point Park.  Mayor Elliott replied that he spoke with the County and they admitted that they have made some mistakes and are taking steps to address that aspect; aside from the noise level, everyone was well behaved and the Croton Parking Lot was not used as much as anticipated; the Village did receive an up front fee of $1,000 for use of the parking lot.  Trustee Gallelli reported that a Public Arts Committee has been formed; she has received a draft report and will present the Board with a full report, probably at the August meeting.

        Trustee Gallelli stated that in early June, a letter was received from the Town of Cortlandt regarding the DARE program and using the Croton DARE officer for Croton schools and asked what the outcome was of this matter.  Mayor Elliott replied that the Police Chief is following up and will get back to the Board.  Trustee Gallelli reported also that she recent went to the Audobon property with members of the Arboretum; the purpose of the walk to look at it and discuss various issues of concern; the Army Corps of Engineers will be writing a report.  Trustee Gallelli asked if the main ambulance has come back into service.  Village Manager Herbek replied that is back, but some additional certification needed to be done; that the hold up was the supply of parts, but the ambulance will be in service shortly.  Trustee Gallelli asked also about the water supply problem on Old Post Road.  Village Manager Herbek replied that the Village Engineer is reviewing this matter and will provide a complete report.

        Trustee Grant reported that regarding the Kaufman deed-she believed that the deed stated that no construction will be done; the Village Attorney is reviewing wording problems and she would like to be brought up to date on this.  Trustee Grant reported that she received a call from a resident who was conducting a survey and had the most positive response from Croton’s office personnel than any other municipality she had contacted.  Trustee Grant reported that the Village Teen Council met with the Chamber of Commerce and had a good brainstorm meeting with lots of discussion; she feels some good things will come out of this group.  Trustee Grant reported that she has gathered volunteers for the new Sidewalk Committee; they come with all different viewpoints and recommends the following for appointment to the committee:  Justin Casson, Appraiser; Bob Karas, Insurance & Chair; Nancy Kennedy, Real Estate; Julie Ozaruk, Attorney; Betty Jackson, Half Moon Bay; Mark Shenfield, who is in the process of repairing her sidewalks.  These people were appointed and charged with examining sidewalk issues and funding of sidewalks, with Trustee Grant as liaison.

        Trustee Grant reported that she has received a letter from a resident on Emerson Avenue with concerns about new construction; she has spoken with him and everyone is keeping on top of the situation; all agreed this has been taking a very long time to be completed and the construction does overpower other buildings in the neighborhood.  Trustee Grant asked if there was some way to take a look at the ordinance to see if such a thing does not occur again.  Mayor Elliott replied that the Board can revisit the zoning regulation and could consult with Pace University to see if there is something that could be looked into; it will require some research.  Village Attorney Waldman responded that there is an ordinance delineating the size of the house to the size of the lot.

        Trustee Grant also asked if there has been a determination about the parked truck with printing on the side.  Village Manager Herbek replied that he has been told as long as the vehicle is moved periodically, the Village can't do much about it and it has been moved recently.

        Mayor Elliott reported that Gary and Doreen Pettit, who started the Croton Teen Council, were honored by the Methodist Church recently and he thanked them for their volunteer work in the Village.

Trustee Grant made a motion to adjourn, seconded by Trustee Watkins; unanimous approval.

The meeting was adjourned at 9:30 p.m.

Respectfully submitted,

Phyllis A. Bradbury, Secretary

Village Clerk/Acting Clerk