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Village of Croton-on-Hudson
1 Van Wyck Street
Croton-on-Hudson, NY 10520

Phone: 914-271-4781
Fax: 914-271-2836


Hours: Mon. - Fri., 8:30 am - 4 pm
 
January 20 1998
A Regular Meeting of the Board of Trustees of the Village of Croton on Hudson, NY was held on Monday, January 20, 1998 at the Municipal Building, VanWyck 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

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

Approval of Minutes:
Trustee Grant made a motion to approve the minutes of the meeting of December 15, 1997 as corrected.  Trustee Rickles seconded the motion.  All voted for approval.

Trustee Grant made a motion to approve the minutes of the meeting of January 5, 1998 as corrected.  Trustee Watkins seconded the motion.  Vote was taken, with all voting “aye”.

Approval of Vouchers:
Trustee Daubney made a motion to approve the vouchers, subject to review by the Audit Committee.  Trustee Grant seconded the motion; approved unanimously.

        General Fund                    $ 30,872.81
        Water Fund      2,358.39
        Capital Acct.   79,779.89
        Trust & Agency          190.00
                $113,201.09
                        

Mayor Elliott opened the Public Hearing on the special permit application from Sprint Spectrum LP to construct a public utility facility.

Village Manager Herbek read a letter written by David Snyder on behalf of Sprint Spectrum dated 8/22/97, seeking permission to construct a public utility facility consisting of a 125 ft. monopole and related equipment to provide mobile radio services; a formal environmental assessment form was prepared.  Village Manager Herbek stated that the Village Board has never officially declared itself lead agency and that item must be dealt with; the application had been referred to the Planning Board and a response has been received from them dated 11/17/97, recommending that the application, as written, be denied and including eight reasons for their recommendation.  Village Manager Herbek stated that he has received  numerous letters about this request, including a petition signed by over 500 people urging the special permit not be approved for the requested location.

Mayor Elliott asked for comments from the floor and stated that written comments are welcome also; these can be brought in or sent to the Village Manager’s office.

1.      Fred Carr, 19 Ridge Rd., stated that he has read a NY Times article by Andrew Ripkin that dealt with this very issue of towers and how to deal with them when requests come into a community.  He asked if the Village has contacted Franklin Lakes & Greenburgh for guidance? He added that it is almost inevitable that the Village will have to deal with more than one company’s request; towers should be environmentally appropriate and aesthetically proper.  He added that Greenburgh has established a citizen’s committee to look at alternate appropriate sites.  Trustee Rickles responded that a number of these issues have been dealt with by passing the telecommunications code which was done last meeting; the law talks about the applicants looking for areas that bring least impact and Sprint must comply with this law.  Mr. Carr replied that the FCC has said that a community cannot have a blanket prohibition for towers coming in. Mayor Elliott stated that there are a number of bills in congress now that may impact community control favorably.  He added that the Village has contacted Greenburgh for their input.

2.  Margie Zelman asked if Sprint submitted a proposal to Con Ed asking for use of power lines?  Mayor Elliott replied that this has been suggested as an alternate site.

3.      Ruth Isaacs stated that several concerned residents have written a letter to Robert F. Kennedy and the Pace University Environmental Clinic; unfortunately, because of the family tragedy, they have not gotten a reply; they will share it with the Board when it is received.

4.      Reed Phillips 9 Newton Ct., stated that he is adamantly opposed to the tower; he understands that there are alternative sites and they should be investigated by Sprint; he is aware that there is not good transmission in patches; however, visual impact is more important than business issues.

Mayor Elliott noted that the new County Administration Planning Dept. has been asked in assisting all communities in coordinating and organizing these requests.  Trustee Rickles stated that he believes through a coordinated effort with Sprint and Croton, all needs can be met; Sprint has a need to fill a gap area and Croton needs to protect the environment , but he has heard from Sprint only that they have little concern with the requests from the people of Croton; they have   stated numerous times that this 125 ft. tower just north of Mike’s Market will have no visual impact; however, many would take strenuous objection with that; when Sprint came originally, need was predicated on a tower located in Southern Cortland and Northern Ossining, but these towers do not exist in either place; documents say a tower is no more than a flagpole, but monopoles do not look like flagpoles; can find locations having much less aesthetic impact that still meet the needs of Croton and Sprint; both should work together to meet each others needs.  Trustee Watkins asked Mr. Snyder if Sprint has explored a monopole that is made to look like a tree. Mr. Snyder replied that this may possibly be done; however, it drastically eliminates one of the fundamental purposes of Croton’s  code regarding co-location as it uses up available space on the monopole and takes away space for use by others carriers and in so doing, would be sowing the seeds in the community for additional towers and monopoles; this can be considered, but he must talk to the company; if space is used for artificial limbs, it will not be used for additional antenna; Croton’s new law requires that all applications put in writing that the structure is designed initially for 3 additional carriers; phony tree limbs cuts space down; Sprint has conceded to a 110 ft. monopole; options Trustee Rickles proposes will assure additional towers in the community.  Trustee Watkins asked Village Attorney Waldman if the Croton law requires that applicants must have  additional antennas in the same location? Attorney Waldman stated that they would not have to sublease a portion of the property that they are leasing to someone else for another tower at that same location.  Mr. Snyder replied that carriers coming in have an incentive to have an additional contributor toward construction costs and to lease to another carrier.  Trustee Grant told Mr. Snyder that the community is opposed to this site, not all towers; this location has lots of negative impact on the Village; there are alternative areas available. Trustee Daubney suggested attaching to a light pole at Railroad yard.  Trustee Rickles added that they might, perhaps, be talking about one tower with repeaters that are non-obtrusive.  Trustee Rickles added that antennas that are designed like trees are ugly; can have a tower that covers this gap area but is unobtrusive to residents of Croton and does not impact property values; right now he hasn’t seen that willingness.  Mr. Snyder asked that the Board now consider the resolutions on tonight’s agenda that deal with hiring of consultants.

Comments from Board: Trustee Grant referred to Mr. Jeune’s report that stated this site is the least intrusive place to locate the monopole in order to fill the gap; adding that the Board is not prepared to accept the fact that there is a gab when the Ossining and Cortlandt towers are not in place, therefore, they don’t know where the gap will be.  Trustee Watkins stated that it is his understanding from a work session that this location seemed to be the only location the Company felt would work to create closure of a gap; that there was no other location in the Village of Croton that would give the technical coverage.   Mr. Snyder replied that it is their position that this is the only appropriate location.  Trustee Rickles stated that all the engineering studies were predicated that the towers exist in Ossining and Cortlandt, but these towers do not exist.  Mr. Snyder replied that the hiring of a consultant contemplates that a third party can explore this question and they will work with the Village to answer this question more dispassionately. Mr. Snyder added that if a consultant comes back with alternatives that merit considerations, they would take a look at them.  Attorney Waldman asked if they would look at the alternatives that have been mentioned numerous times.  Mr. Snyder replied that they have looked at combinations, but none were satisfactory, however, they will look again and respond; a consultant is useful to be involved in this area.  Trustee Rickles stated that the issue is not a tower of lesser height at this location, it is no tower North of Mike’s Market.  Mr. Snyder stated that he has not filed subdivision application.  A resident asked if Sprint has submitted a drawing indicating what the tower will look like?  Mayor Elliott replied that a drawing has been submitted and photographs of other like towers; a balloon test is to be done. Mr. Snyder said that he would like to propose three dates for the balloon test.  He explained that they will run a balloon to the height of the proposed tower, go to the street addresses provided and photograph from those locations, they will then issue a computer model rendering of what the tower would look like from these addresses; and will examine the proposed visual impact. He suggested finalizing the dates by the end of this week and he will need a phone number to call into to verify if the test will go on.  A resident asked how large is the balloon? Mr. Snyder replied that it is 3 ft in diameter and will be one balloon only.  Mr. Snyder stated that he would like permission to remove 4 or 5 trees to get an accurate test or they will have to go 100 ft. or more to the first clear area.  Trustee Rickles voiced his strenuous objection to the removal of trees.  Mr. Snyder stated that they want to demonstrate height and see what the impacts are to the surrounding community.

Trustee Rickles stated that the Ossining and Cortlandt towers don’t exist; Sprint has been asked for an entire map where they have towers or have proposed towers in Westchester, but they have refused the request.

Resolution: Village Manager Herbek stated that there are two types of consultants that would be helpful to the Board.  He has secured proposals from the firms: Cohen, Dippell & Everist for $4,500, OmniCom for $5,400, Broadcast Signal,  $3,600 and Monroe Telecom Asso.,$3,000.

Trustee Rickles stated that he has a conversation with people from Monroe Asso. and was impressed with their knowledge, the skill levels of staff; and the fact that they don’t represent industry, only municipalities; he suggested that they at least be considered. Trustee Rickles added that Cohen, Dippell, Everist has an excellent reputation, but no site visit was included in their proposal, and to really understand the impact, a site visit would be absolutely critical.  He added that he believes OmniCom, from Tallahassee, is situated too far away and travel costs would be too high.

Trustee Daubney stated that since this is the technical end of the proposal, an investigation of the site itself might be less important.  Village Manager Herbek added that the $3,000 is only a retainer for Monroe; there would be an addition of about 40 hours of time at $150.00 which would come to $6,000.

Trustee Grant stated that Monroe is also the consultant to Cortlandt.

Village Manager Herbek stated that all companies that sent in proposals are good and capable; he prefers to stay away from Broadcast Signal because of their experience in working for Cellular One of Boston, Bell Atlantic and New England Telephone.

Mr. Snyder replied that is why he prefers to steer away from Monroe as they have only worked with municipalities; whereas Signal Labs has private and business constituents.  He added that the procedure they contemplated when they agreed to contribute to the cost of consultants, was that the Board would come up with names they would be happy with and Sprint would pick from one of these.  Trustee Watkins stated that it was never said that Sprint would chose the consultant, rather the Board will chose.  Trustee Rickles added that there are other locations for the tower that would cover the gap area and he doesn’t understand the objection to Monroe.  Mr. Snyder added that he has worked with that company; there are other consultants that Sprint can work with, but not Monroe.  Trustee Grant asked why he would have a problem having a firm that works with municipalities look at the proposal.  Mr. Snyder stated that the scope of work is the issue.

Trustee Rickles said that it is assumed it is Sprint’s desire to erect a tower as quickly as possible; thousands of dollars in revenue will be generated by that tower every day it is in operation; agreeing to Monroe tonight would expedite the process.  Mr. Snyder replied that if all consultants are qualified, why would Trustee Rickles urge Sprint to absorb the cost of a consultant that is more expensive?  Mr. Snyder offered to supply two more names of consultants who work with municipalities and private companies. He spoke about the scope of work, radio frequency emission and their lack of environmental impact. He stated that he would like to address questions about repeaters and site and height alternatives and  Sprint will help fund these studies, but to use these dollars to study issues that have been covered in previous studies he believes is not prudent.

Mayor Elliot asked if the Board wanted to solicit more proposals.   Trustees Rickles and Watkins replied that they are willing to look at additional consultants. Mr. Snyder stated that he is prepared to sign on with Signal Labs tonight.  Trustee Daubney stated that Signal Labs gave the Village the least information.

Mayor Elliott went forward to a discussion on the scope of work.  Trustee Rickles stated that a site visit is mandatory to look at height and visual impact; he added that the placement of the tower is one of the issues the consultant will look at for impact on residential property and this is a critical area.

Village Attorney Waldman stated that Mr. Snyder is talking as if the Village were hiring a impartial arbitrator whose decision is going to be binding on both parties;  however, Mr. Snyder will not be abandoning his consultant or agreeing in advance to be bound by the report of the consultant the Village selects, therefore this is an incidence whereby the Village must use a consultant they will be comfortable with and Sprint can address this if they have had a difficult time, but why disqualify someone who has done work primarily for municipalities?  Mr. Snyder replied that he believes that the credentials of Broadcast Labs embrace lower cost, a professional engineer, experience on both sides and a proven track record and this is the best of both worlds which should not be a problem.

Village Manager Herbek stated that he solicited quotes from four firms to help with the environmental review process and received three proposals:  one from Saccardi & Schiff for $8,500, one from Frederick P. Clark, Asso. for $4,500 (est.) and one from Matthew B. Rudikoff, Asso. for $10,000.  He stated that the Village would be happy with Saccardi & Schiff or Frederick P. Clark; preferably Frederick P. Clark since the Village has worked with them and their price is low.  Mr. Snyder stated that Frederick P. Clark, Asso. would be acceptable.  Mr. Snyder added that SEQR is clear it is not within the powers of a village to impose cost of consultants for help with understanding the environmental impact; that Sprint is voluntarily paying costs and they cited the law that addresses this.

Resolution:     Trustee Daubney made a motion to hire Frederick P. Clark, Asso. as a consultant to the Village in the application by Sprint Spectrum for a special permit to erect a monopole in the Village.  Trustee Rickles seconded the motion.  Vote was taken, with all voting “aye”.

Note: No motion was made on the resolution for the hiring of the 1st consultant.

Trustee Rickles asked what the future agenda is for Sprint to go to the Zoning Board for a subdivision permit.  Mr. Snyder stated that, if required, they would comply, but are still looking at it.  Village Manager Herbek stated that the Village will need a check for $4,500 for the environmental consultant and he would like to see an agreement on the radio frequency consultant. Trustee Watkins stated that, if Frederick P. Clark is not outrageously more than $4,500 would Sprint agree to pay additional costs?  Mr. Snyder replied that he will have to consult with Sprint owners, but feels if the fees are not outrageous, there should not be a problem.

Mayor Elliott reopened the continuing Public Hearing regarding the special permit application from MetroEnviro. He stated that tonight he will announce the appointment of citizens committee, adding that this hearing will continue again at a later date or several dates.

Village Manager Herbek stated that he has two letters to put into record: one from Kenneth Gunshor, Attny, and one from Spectra Engineering.

Mr. Millspaugh (Spectra Engineering) read his letter (full copy attached).
(Mr. Gunshor’s letter will be included in official record, full copy attached)
.
Mr.Gunshor exhibited what he said was just one of several boxes of extensive studies that have been made in respect to this site.  He requested to get copies of appendices from Mr. Mills.

Comments were taken from the floor:

1.      Mike McElroy asked to speak about applicant, Paul Appolonio, saying that he has known him for over 24 yrs., Mr. Appolonio was a police officer; he started with the Ossining Police in the 1960's and served 20 yrs; he is a decorated police officer; a generous friend with the utmost integrity; a man of his word; and a successful businessman

2.      John Perillo stated that this is his 3rd Public Hearing appearance and welcomed the idea of a committee but hoped it will be well balanced, will look objectively and fair mindedly and will act on the merits of the case, not on emotion.  Mr. Perillo had previously raised questions of Mr. Sarcone’s interests and felt Mr. Sarcone answered his questions at the 2nd Public Hearing that his position does involve politics; he has no problem with valid citizen concerns, but does have concerns if the motivation is political.  Mr. Appolonio’s site in Ossining has never had violations; the Village should check with the Ossining Building Department to affirm this.  He asked if the special permit has a time limit, adding that if granted, the operation should be monitored and the Board is empowered to not renew; the applicant has demonstrated he is not doing anything to jeopardize the Village or businesses. He added that the Board works in partnership with any applicant.  He stated that this Board should not be known as the Board that issued the Special Permit; but the Board that cleaned up a hazardous site.

3.      Daniel Dashman, 6 Dailey Dr., asked Mr. Waldman if someone represented Metro Enviro would they have to disclose this if they are speaking at a Public Hearing and it should be considered that if someone from outside of the community has come to a Public Hearing three times, whether or not he has a greater interest in this.  Mr. Waldman replied that a speaker does not have to disclose this information.

4.      Debbie Yurchuk-McCarthy stated that she received a telephone call at her office from a resident informing her that this would be on the agenda tonight; after calling the Village Office she found that the agenda was changed on Friday and that the public has not had sufficient notice of this Public Hearing continuance.  Ms. Yurchuk-McCarthy said she felt that Mr. Perillo’s comments were inappropriate.  She agreed that the Board is empowered not to grant the Special Permit; that performance standards are in the code and have not all been complied with by the applicant. Trustee Grant responded that she takes personal responsibility for having this Public Hearing put back on the agenda; that she had the impression the hearing was open and continuing and would remain so until the matter is resolved, but it will remain on every Board agenda until the issue is resolved.  She added that it was not on tonight’s agenda and insisted it be put on.  Trustee Grant has asked Mayor Elliott not to close the Public Hearing until this permit is denied or approved; the public should understand clearly that every meeting will be a continuation of the Public Hearing on the MetroEnviro Special Permit application

Trustee Daubney commented that he was surprised that the applicants have come prepared; that he should have heard these words from Trustee Grant at the last meeting, as he understood this was not on the agenda until informed today; more people would have been here if they had known.  Mayor Elliott stated that the Village has the written comments from the applicant and his Attorney and they will return to a future Public Hearing; he added this item on tonight’s agenda to err on the side of openness.  Trustee Grant, in response to comments, stated that persons are doing a disservice to the Village and causing a breakdown of trust; that the Board is not trying to push anything through and no decisions have been made by the Board and she has spent a great deal of time correcting misinformation.  

Trustee Watkins stated that the fact that this is on the agenda tonight or not, is not an issue as the Board will not vote tonight.  He added that they welcome comments tonight and at future meetings; he asked that this be placed on the agenda at the next meeting; that this is not a popularity contest and he welcomes all comments; the Board will continue to hear everybody; keep open the Public Hearing and residents should not fight among themselves.


5.      Deanne Sarcone stated that she is the 3rd generation in Croton stated that her son is for the betterment of the Village; there is nothing in it for him.  Ms. Sarcone referred to a memo from Village Attorney Waldman.

6.      Fred Carr stated that he would assume this will be on all future agendas until settled; adding that citizens can speak about this subject whether or not on it is on the agenda; these people will speak at each meeting.  He has concerns about traffic, environmental control, the railroad, noise pollution, and what is the routine operation. He added that the forum should address what is good for citizens of Croton.

7.      James Moore stated that he takes affront to the fact that residents did not get notified that this was on tonight’s agenda; also that it was said tonight that Mr. Appolonio had no violations in Ossining; however, he spoke to people in Ossining who state that they have complained to Ossining about dust and dirt; but there are no official violations.

8.      Nick Caputo, accountant for Paul Appolonio, said that freedom of speech is of utmost importance; no matter where people live they can have concerns and speak out; Mr. Perillo owns property in Croton where Jean-Jacque shop is located.  He added that Mr. Tiffany, who lives in Briarcliff  spoke and those that agreed with his position, allowed him to speak.  Mr. Caputo stated that he took offense to calling Mr. Watkins a “carpetbagger”; if only life long residents are allowed to speak, this might be an empty room. He stated that he would like to see Mr. Perillo appointed to the committee as a taxpayer and property owner; adding that Mr. Appolonio may end up paying more taxes than any other businessman. Mr. Caputo questioned why there had not been 200-300 people here to ask to close the Liguori operation down, adding that there are many positives in what has been done.

9.      Joanne Marcus, Warren Rd., asked how did the site get to be so bad that this new company had to come in and alleviate the hazardous condition?  Mayor Elliott replied that the site did get out of hand; boards and the DEC worked to get a cleanup process; the ownership changed and the new owners continued the clean up.  He added that the Village inspected the operation and when it was found not in compliance, the Village worked with the state to get it cleaned up; there was an accumulation of wood chips; have worked very hard with DEC to get cleaned up.  Ms. Marcus asked who is responsible to monitor and see that they are in compliance?  Mayor Elliott replied that the DEC is responsible.  Trustee Grant added that the market dried up and Mr. Liguori had no place to put his material; he continued bringing stuff in but was stopped; he then filed bankruptcy and negotiations continued; there was a consent order in early 1996.  Trustee Grant, commenting on Mr. Millspaugh’s letter, stated that he misrepresented what the original feeling was; that she spoke against the application and doesn’t think it is a  Republican-Democrat issue; but in Croton, if you hear word “dump”, it evokes many sentiments.

10.     Jane Schafrann stated that she did not see a notice of the Public Hearing.  Mayor Elliott explained again what had previously been said.  Ms. Schafrann said that it was stated earlier that cleanup of property was not just wood chips, but was construction and demolition debris.  Trustee Rickles replied that one of the violations was that it was more C&D than was permitted; he added that he was one of the people who came in and asked for MetroEnviro to be on tonight’s agenda.

11.     Sandy Dillon, representing 120 families in Half Moon Bay said that there were concerns about noise, pollution, environmental problems and affect on quality of life.

Mayor Elliot adjourned the Public Hearing, but is leaving it open and it will continue to be open.  He added that the Village will send out notices when something of substance is going to be discussed such as a report from the committee.  The Public Hearing was adjourned at 10:35 p.m.

Trustee Grant stated that the public  will be notified by a mailing when something significant is on the agenda; that no definitive action will be taken unless people are notified; however, some items may come in last minute such as the letter from Mr. Gunshor, which was received just prior to meeting tonight.

Trustee Daubney suggested citizens could obtain a chronology prepared by the Village to under- stand the history of this topic; the Village office can supply information from 12/28/84 to present to get full understanding of how order of events occurred.

Trustee Watkins asked Mr. Gunshor about Mr. Liguori’s current involvement and the containers that he is storing at the site.  Mr. Gunshor replied that at the last meeting, mention was made of a letter to Mr. Liguori, however, he has not seen this letter; his client has a contract that says Mr. Liguori can remain on site for one year and he asked for written direction from board members.  Trustee Watkins stated that he believed this was covered at the last meeting.  Mr. Gunshor asked Village Manager Herbek to send him copies of any letters to Mr. Liguori regarding these containers.  Village Manager Herbek stated that two containers were there at the time they visited the site, one had stumps, one had brush; that he had informed Mr. Liguori that because his permit had lapsed, no storage is permitted; he was given about a week to comply and believes these containers have been removed. Trustee Daubney replied that he viewed from the bridge that one container is still there with brush.  Trustee Rickles added that Mr. Liguori is apparently parking large trucks and containers and he had asked to have this looked into again.  Mr. Gunshor replied that it has been looked at and he is awaiting copies of letters; that they cannot breach a contract with Mr. Liguori; written information is necessary.  Trustee Daubney stated that if they cannot control a tenant with a few containers, how will handle controls when  the business is fully in operation?  Village Manager Herbek stated that he will look at this matter and if there is a filled container, a citation will be issued tomorrow.  Village Attorney Waldman stated that this is a parking area only; he was present when Village Manager Herbek told Mr. Liguori to remove the contents of containers and he said it would be done promptly; the Village can write to Mr. Gunshor’s client and say there is an operation on the premises he owns that is going on without a permit and this can help bring it to a close.  Trustee Watkins stated that he was not satisfied that Mr. Liguori stays at that location and stores improper materials at that site; an appearance ticket should be issued to the owner of the property.  Mr. Gunshor stated that they intend to honor the contract to park his trucks.  Village Manager Herbek stated that he will fax Mr. Gunshor copies of letters to Mr. Liguori and if not resolved by Thursday, an appearance ticket will be issued.

Mr.Gunshor stated that on the issue of hiring a consultant, he has deposited $7500 in an escrow account; in respect to environmental issues, Trustee Rickles wanted a positive declaration, but Mr. Gunshor stated that in the absence of a determination of significance, the Village cannot make an applicant fund a consultant.  Trustee Rickles replied that this is standard operation procedure which to his knowledge, has been requested in other cases and has never been turned down.  Mr. Gunshor stated that the prior owner paid sum of $5,475 for an expert to complete a site review; when he submitted $7500, he asked to be supplied with copies of the scope of services and background of each of the experts the Village may consider.  Village Manager Herbek stated there was only one proposal received by the last meeting, but four additional proposals were received today.  Mr. Gunshor added that he may object to scope of services; in 1995, there was a full SEQRA type 1 action taken on behalf of the agency, applications were submitted to the Planning Board, Village Board, the DEC, the Westchester County Planning Dept., Westchester Co. Parks Dept. and Village Waterfront Committee, if this prior process is to be ignored, tell him what material difference there is between that application and this application or any significant error made in the past SEQR review. Trustee Watkins stated that a number of questions have been raised by the community; he would like to be sure these issues were covered and he feels the need for a consultant to help with the issues.  Trustee Rickles added that the issue is the Village following the SEQR laws of the State of NY; the Liguori permit is not transferable.  Mr. Gunshor replied that there is a section in the SEQR law that identifies that if there was no significant change, further applications can be waived.  Village Attorney Waldman stated that when the application was filed around August 18th, with respect to a permit that expired on Sept. 30th, there was no reasonable expectation that any action could be processed to a conclusion before the permit expired, therefore, on Sept. 30th, the renewal and transfer argument became academic since there was no live permit active.  He added that the applicant should have made the application to the Village more timely since he had submitted applications months before to the DEC.  Trustee Grant stated that she does not have the assurance that there is not a significant increase in materials being brought in and a consultant will be of help to understand the issues; there also is a change because they are now applying for household recycling.  Mr. Gunshor stated that the Special Permit issued originally allowed household recyclables.

Mayor Elliott stated that the Board will not make a recommendation for a consultant tonight, but will get recommendations from the citizens’ committee after they have time to do a study.  Mayor Elliott stated that the committee is well balanced and includes people who have spoken at the Public Hearing.  The Committee is comprised of the following: Chairperson: Seth Davis, and members: Dr. Olsen, Dan Dashman, Al Milton, Mike Sullivan, Fred Carr, Scott Johnston, Steve Schwartz, John Sarcone, Ginny Calcutti, Daria Gregg, Justin Casson, and Elise Yates;  Dr. Salzberg should act as advisor to both Board and Committee.  Mayor Elliott charged the Committee to review the factual information, both environmental and legal with regard to the application and to work in association with the consultants and make recommendations.  He asked the committee to meet as soon as possible and review various consultants and make recommendations.  Mayor Elliott also reserved the right to appoint additional members.

Mr. Gunshor stated that he submitted a letter affirming his position with respect to the Committee and the zoning ordinance.


5. Correspondence.
Village Manager Herbek read the following correspondence (full text available in the Village Office)

a)      Three letters regarding River Landing subdivision with their concerns about traffic and two stone pillars; the chain being down, and construction trucks.  Village Manager Herbek replied that they are in the process of taking a look at it from fire and police standpoint.  Trustee Rickles stated that grass pavers  were indicated on the site plan.  Village Manager Herbek replied that grass pavers are an option, but the asphalt was determined to be better because of heavy vehicle use, both construction and emergency.

b.      The Annual Report from Gregg Stanley regarding Hudson National Golf Club’s application schedule of all pesticides and fertilizers applied to the golf course for 1997.

c.      A memo from Frances F. Dunwell, Hudson River Coordinator, NYS DEC, establishing the DEC as lead agency for Boating Access Plan and Generic EIS. Village Manager Herbek recommended the approval of the DEC as Lead Agency.  There were no objections from the Board.

d.      A memorandum from Norma V. Drummond, Dir. Community Development, Westchester Co. Dept. of Planning, announcing 1998 fiscal year consortium awards; the Urban County Consortium will receive an increase of approximately $300,000 more; Westchester has received additional funds over last year’s award.

e.      A letter from Doug Garbarini, Chair, Water Control Commission regarding the Boat Launch & Park, stating that they support the design presented by Mr. Imbiano with the exception of the concrete ramp;  the commission also indicates that they would be opposed to the utilization of the $85,000 grant money be used in lieu of the railroad tie cleanup.

f.      A letter from the State Board of Real Property Services determining the Village would be receiving a decrease in assessment as result of the approved settlement.

A letter from Michael Cawley, Thompson Ave., regarding Media One rates and suggesting perhaps they could offer senior citizen discounts as he has noted is offered in Mt. Kisco and Rockland Co.  Trustee Daubney will verify this discount with Rockland and Mt. Kisco before contacting Media One.

h.      Announcement that a Public Hearing on Hudson River access will be held for Westchester County on February 4th from 7-9 p.m. at the Westchester County Center.  Mayor Elliott added that this is being sponsored by Hudson Riverkeeper and Historic Towns and would encourage as many people to go as possible.

6.CITIZEN PARTICIPATION:
1.      Paul Rolnick, Alexander Lane, questioned a previous statement made by Trustee Daubney that the Board moved too fast on the monopole and too slow on MetroEnviro.  Trustee Daubney replied that he felts the Board they had received more information that day from two sources regarding the regulations for cell towers and that it would have been appropriate to investigate these prior to making this resolution and then having to change it.  In regard to the second question, he feels that the Board has not moved quickly enough on this issue; that they came in too late; this business should never have gotten permission to establish the business in the first place; it exploded beyond a set of rules, was fined by the DEC, and told to clean up their act; at that point, that operation should have ceased.  He added that he came on the Board when that operation was going through.  Trustee Grant stated that they did cease because they were under an order to cease and the only operation that has gone on is a cleanup.  

2.      Debbie Yurchuk-McCarthy received a telephone call from a resident regarding availability of tapes of Board meetings; she learned that it was recently decided that they would not be loaned out.  Village Manager Herbek stated that it was his decision, in consultation with the staff and Mr. Campbell, that tapes were being borrowed and not returned promptly, also that they could be edited; however, the tapes are available for purchase at $30. each; it was decided that it was not a good practice to loan out tapes.   Debbie Yurchuk McCarthy stated that people don’t have a lot of use for a tape after looking at it; can Village make a copy themselves, loan it out to people who will post a deposit, which can be returned upon return of tape.  Mayor Elliott replied that the will look into making a copy  available in the Library to those who requested it.   Ms. Yurchuk-McCarthy asked about a vacancy on the Planning Board. Mayor Elliott replied that he has publicly stated that the Village is looking for someone with an architectural background and hopes to fill the vacancy shortly.  Ms. Yurchuk-McCarthy asked about a resolution on tonight’s agenda supporting the records management program?  Village Manager Herbek explained that the Village needs a records management in place especially for grant applications.  Ms. Yurchuk-McCarthy asked about a budget modification also on tonight’s agenda?  Village Treasurer Campbell replied that the Fire Dept. is moving money from one line to another for a repair.

Mayor Elliott closed the citizen participation portion of the meeting.

7. RESOLUTIONS:

1.      Trustee Rickles made a motion to approve the resolution in support of the Records Management Program.  Trustee Daubney seconded the motion

Discussion:  Trustee Grant asked if the part time status is continuing?   Village Manager Herbek replied in the affirmative and that it is paid for partially by grant money.

Vote was taken with all voting “aye”.

Trustee Grant made a motion to approve the following resolution for a Budget Modification.  Trustee Rickles seconded the motion; unanimous approval.

Resolved: the Village Treasurer is hereby authorized to make the following budget modification:

From:                           to:
1-3410.0400, contractual expenses       1-3410.0470 Vehicle/equip. repairs              $1,500.00


Trustee Grant made a motion to approve the following resolution regarding the polling place for the Village election.  The motion was seconded by Trustee Watkins.

Resolved:       that the annual Village Election of the Village of Croton on Hudson, NY shall be held Tuesday, March 17, 1998, at the following polling place:  Community Room, Municipal Building, in the Village of Croton on Hudson, at which election the polls will be open from 6 a.m. to 9 p.m.

Discussion:     
Trustee Daubney stated that his position remains the same; that the Village should have polling places the same as the Town Elections.

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


8.      REPORTS:
Treasurer Campbell reported that Bennett, Storch & Kielson delivered the final audit and it is available in the Village office.

Trustee Watkins asked if the Village made the auto purchase?  Village Manager Herbek replied they have not as yet, intend to buy a Chevrolet Cavalier from the  State.  Trustee Watkins asked when Bob Frankel’s report would be available. Village Manager Herbek replied that it is being worked on, there have been some issues to be clarified.  Trustee Watkins asked if the Parking Lot work will be starting in spring?  Treasurer Campbell replied that there is a  meeting on Friday and will be looking for July/Aug construction start;  Village Manager Herbek still needs a memo of understanding from Metropolitan Transportation Authority.  Trustee Watkins inquired about results of looking into the “Adopt a Highway Program” and has there been any contact.  Village Manager Herbek replied that the State & County both have a program.  The State program is available for Rt. 9.  Trustee Watkins suggested they be contacted regarding a more consistent clean up.

Trustee Rickles announced the January 26th, 7 p.m. joint meeting of the Teen Council, Village Board, School Board and parents regarding adolescent drug usage.  He asked the Gazette to please publish this meeting.  Trustee Rickles asked that the Board consider how to enhance communications between Boards and citizens with the suggestions: 1) a regular Village Board column on issues, 2) publish Board meeting & work session agendas and have available in the Library, 3) have a Village suggestion box,  4) utilize technology with the Croton home page and email, 5) broadcast meeting schedules and agendas on cable TV.

Trustee Daubney reported that the Recreation Committee, regarding public use of the golf course, there was discussion whether to restrict access to residents only or include school district residents and would like input from the Village Board. Mayor Elliott replied that they are looking for recommendations from the Recreation Advisory Board as a lot of Village programs are offered to members of the school district; also what are the parameters and is there a limitation on the number of persons who can participate. Trustee Watkins stated that he thought users should be open to school district residents, but they must look at the contract with golf course and ask golf club if they have a preference.  Trustee Daubney reported that there were two accident calls today and the Village Rescue Unit was able to respond to both calls.  Trustee Daubney reported also that the Library is open and there will be an Open house on February 8th and the Historian’s room is ready for occupancy.  Mayor Elliott stated that there would be a Centennial display in that room.

Trustee Grant commented on police presence in the Upper Village after school and lunchtime.  She stated that they are very visible, and the police indicate a lack of kids which may mean either their presence is working very well or is too cold; parents are appreciative and kids are not complaining, therefore, the intent is working out that the police are getting to know the kids and the kids are getting to know the policeman.  Trustee Grant reported that she spoke with Michael Kaplowitz,  County Legislator; he asking for names of candidates from Croton willing to serve on County Boards; interested parties can send a resume to Mayor Elliott and he will get them to Mr. Kaplowitz.  Trustee Grant inquired about the status of the Brook St. house.  Village Manager Herbek replied that it is important that the contractor who gets demolition job must be the same as the one who gets the contract to build; if all works out well, this may happen in the next couple of months; the contract is complicated also because it involves the  County. Planning Dept., the Village Board and the Croton Housing Network.  Trustee Grant stated that this is the beginning of Village budget time and everyone is starting preparation; it is the hope of the Board that there will be a zero increase with no cut in services.  

Mayor Elliott reported that the Teen Theater serves the public very well, there are wonderful talented people involved; there will be a fundraiser show on February 22nd at 8 p.m., tickets will be gone quickly; they will be doing a series of numbers from Broadway plays.

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

The meeting was adjourned at 12:10 a.m.


Respectfully submitted,



Phyllis A. Bradbury, Secretary



Village Clerk/Acting Clerk




Corrections to the minutes of the meeting of the Regular Board Meeting of Dec. 15, 1997:



Page 2, next to last paragraph:  The could have gone  with………

Page 4, paragraph 7: If the FCC sees a discrepancy, they would demand a refund from Media
                        One.

Page 9, third from last paragraph: ..other people will comply with the law.

Page 13, Mr. Tiffany, not Mr. Clay

Page 22, 6th paragraph:  change to …pitched to the center…

Page 27, Resolution for Rains & Pogrebin: …change to show that Trustee Grant voted “nay”.







Corrections to the minutes of the Regular Board Meeting of January 5, 1998:


Page 10:  Discussion, line 13: add after sentence starting Trustee Rickles replied…  So there can be no questions, this is a Type 1 action demanding the highest level of scrutiny and would be then critical in the environmental area.   

Page 10, Discussion, line 14: Change would not be handled to would be handled