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April 20, 1998
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, April 20, 1998 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 McCarthy
                                                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 Annual Organizational Meeting held on April 6, 1998.  Trustee Daubney seconded the motion; approved by Trustee Grant, Daubney and McCarthy.  Trustee Watkins abstained.

Trustee Grant made a motion to approve the Regular Board Meeting of April 6, 1998 as corrected.  Trustee McCarthy seconded the motion.  Vote was taken with Trustees Grant, Daubney and McCarthy voting “aye” and Trustee Watkins abstaining.


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                    $30,180.01
                Water Fund      717.05                                  
                Capital Accounts        5,018.32                                
                Trust & Agency          1,455.29                  

Mayor Elliott continued the Public Hearing for the Special Permit application by Metro Enviro LLC for the operation of a Construction and Demolition Debris Processing Facility.

No public comments were offered.

Seth Davis presented the report from the Citizens’ Committee on the Metro Enviro application (see attached).  He stated that summaries of this report will be mailed to citizens in the near future.  Mr. Davis stated that:
copies of this report will be available for review
the committee has listed certain recommendations that should be adhered to before a permit could be granted
this is a strictly volunteer committee, made up of people who were chosen because of their concern and some because of their experience;
he mentioned some members of the committee that are present tonight;
Michael Zarin, consultant for the applicant, has cooperated fully with the committee.   
a lot of changes and concessions have been made in the application which shows that when everyone works together, progress can be made.

Mayor Elliott thanked the committee for their commitment to this project and for delivering an exceptional piece of work.  Village Manager Herbek added that the consultant report from Allee King Rosen & Fleming, Inc. regarding the SEQRA Review  is also available for review (see text attached); 25 copies of each are available tonight and more will be available in the Village Office and at the Croton Free Library.

Mr. Zarin  offered his gratitude for the extraordinary work the Committee has done.  He added that as a reminder, it has been seven months since the Special Permit application was submitted and hopes the process comes to an end soon and business can begin.  Trustee Watkins reminded Mr. Zarin that he had requested copies of agreements Metro Enviro has with Mr. Liguori and he understands these have not yet been received.  Mr. Zarin replied that he believes part of the agreement has been included in a letter sent to the Village; he has offered to sit down and review these papers.   Village Manager Herbek stated that he has just one page of the lease agreement with Mr. Liguori.  Trustee Grant added that the Board would like a copy of the lease with Greentree and Mr. Apollonio.  Village Attorney Waldman stated that he believes this is the document referred to in the recent letter and he would like the Liguori lease to also be included.  Trustee Grant stated that a meeting will be scheduled to review materials; she asked residents to please get copies of the committee’s report and make comments at the May 4th meeting.  This Public Hearing was adjourned to May 4, 1998.


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

A letter from Mary D’Alvia, 16 Palmer Avenue, thanking the Village for the proclamation day on her behalf and stating her concerns about granting Metro Enviro a Special Permit.

A letter from Steven Usen, 115 Cleveland Drive, regarding Duck pond issues.  Village Manager Herbek stated that he has replied to this letter.

A letter from Lauren Mooney, 30 Young Avenue, with a proposal to plant trees in Vassallo Park.  Village Manager Herbek replied that he has also responded to this letter and has forwarded a copy to Mary Zimmerman.

A letter from Christopher Stanton, 100 Radnor Avenue, regarding litter and trash at Quaker Bridge area.  Village Manager Herbek stated that he has replied to this letter, explaining that the area referred to is in the Town of Cortlandt and that he has forwarded a copy of his letter to Linda Puglisi, Cortlandt Town Supervisor.

A letter from Andrew Matyi, Central Veterans Committee, requesting permission to hold the Annual Memorial Day Parade and Services on Monday, May 25, 1998 starting at 9:30 a.m.  The Board of Trustees granted permission.

A letter from the Department of Agriculture & Markets, regarding deficiencies with the Village’s dog control services and the lack of a transport vehicle.  Trustee McCarthy asked if the Village has had further talks with the Town to share services.  Village Manager Herbek stated that in several meetings with the Northern Tier Coalition, discussion has come up on how the Town could assist the Village; it is more than just rounding up strays; discussion is continuing; the Town needs to give a proposal on this issue since there is cost involved in licensing and having a facility where dogs can be taken; the Village is currently using the Briarcliff SPCA which currently costs about $4600 and this would be passed along to the Town; an evaluation can be made when the proposal is received.  Trustee Grant stated that as liaison to the Northern Tier, she will take this up as well as the issue of the cost of $4600 for 33 animals taken from the Village.  Village Manager Herbek added that he would like Randy O’Halloran, who has been utilized as animal control officer, to come to a work session and discuss the problems he has had.

Anne DiCioccio stated that people who signed the petition did not want a waste facility in the Village at all, but it sounds like it will be approved anyway and she asked if this is possible.

Mayor Elliott replied that the recommendations from the committee and from the attorney and consultants and after hearing more from the public, the Board will consider if it will deny the permit, grant the permit or grant the permit with conditions; the Board will have to take into consideration any ramifications, which might include any potential lawsuits, damages or the loss of the ability to control the site if a court were to order a permit be granted.

Trustee Grant made a motion to approve the resolution authorizing the Village Manager to sign the Utility Work Agreement for the resurfacing of Route 129-water valve boxes.  Trustee Daubney seconded the motion.  Vote was unanimous for approval.

RESOLVED: that the Village Manager is hereby authorized to sign the Utility Work Agreement for the resurfacing project of NYS Route 129 to cover the Village’s water valve boxes which may require adjustment to correspond with the new pavement grade as set forth in the NYS DOT letter of April 1, 1998.

Trustee Grant made a motion to approve the following resolution regarding the Village’s sanitary sewer grates and manhole covers for the Rt. 129 resurfacing project.  Trustee McCarthy seconded the motion.

Discussion:  Trustee Watkins asked if Village Manager Herbek had any idea how long this project will take and if it is a resurfacing of the entire road.  Village Manager Herbek replied that it should proceed quickly and they will be resurfacing the entire road.

Vote was taken, with all voting “aye”.

RESOLVED:  that the Village Manager is hereby authorized to sign the Utility Work Agreement for the resurfacing project of NYS Route 129 to cover the Village’s sanitary sewer grates and manhole covers which may require adjustment to correspond with the new pavement grade as set forth in the NYS DOT letter of April 10, 1998.

c.      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 P. F. Beal & Sons, Inc. of Brewster, New York to provide a new water pressure tank at Hessian Hills Road for a cost of $14,991.00.

Discussion:  Village Manager Herbek stated that funds have been appropriated for this project; it will supply water to three homes at the top of Hessian Hill Road; work will have to be done with divers going into the tank; the old tank is in a deteriorating condition and needs to be replaced.

        Vote was taken, with all voting “aye”.

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

RESOLVED: that the Village Manager is hereby authorized to sign the agreement with Allee King Rosen & Fleming, Inc. for additional consulting services to complete their review on the Special Permit application for Metro Enviro LLC in the amount of $14,600.

Discussion:  Trustee Watkins asked how much has been paid so far.  Village Manager Herbek replied that $12,500 was approved by the applicant; however, approximately $7500 has been paid; this current appropriation is for additional work necessary for the SEQRA process.  Trustee Watkins asked if the applicant will pay for this additional money.  Village Manager Herbek replied that he has not lost sight of this and it should be brought up again with the applicant; depending upon how the special permit comes together, he believes the Village should still pursue reimbursement by the applicant.

Vote was taken, with all voting “aye”.

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

WHEREAS: on Thursday, April 9, 1998, the Village accepted bids for a new truck-mounted sewer jet; and

WHEREAS: two bids were received – one in the amount of $84,121 from Bahr Sales, Inc. of Wallingford, CT; a second in the amount of $99,334. From Healey International Trucks, Inc. of Poughkeepsie, NY; and

WHEREAS: the low bidder does not meet the specifications and the second bidder has submitted a proposal in an amount much higher than anticipated or budgeted by the Village; now, there

BE IT RESOLVED: that the two bids be rejected and that the Village Manager is hereby directed to rewrite the specifications for the proposed truck-mounted sewer jet and rebid this item.

Discussion:  Village Manager Herbek stated that the Village can reject a bid if it is in the best interest of the Village; he will rewrite specifications more standard  to see if additional bidders can be attracted; 10 requests for bid were sent out, only 2 companies replied; $80,000 has been set aside.

Vote was taken, with all voting “aye”.


Village Manager Herbek distributed a work session schedule for possible dates and topics for the months of May, June, July and August; he asked the Trustees to look at these items and dates and see if they are appropriate; final scheduling can be done.

Village Manager Herbek reported he has received the County contract for the clean up of the Seprieo property project; that $40,000 is coming from CDBG funds and $30,000 from the Village; the project has been bid and should be awarded at the next project meeting.

Trustee Grant made a motion to authorize the Village Manager to sign the interagency contract between the Village and the County to receive the CDBG funds of $40,000.  Trustee Watkins seconded the motion; all voted “aye”.

Trustee Watkins reported that the VEB gave a tentative approval for the signs for the Village; there are a few specifics to be worked out; they will be shown to the Gateway committee.

Trustee Watkins thanked John Goplerud and many more for the well attended cleanup of the river on Saturday morning; the Senasqua area and the Silver Lake area were cleaned up.

Trustee Watkins reported that  24 exchange students from France are in the Village at the present time.

Trustee McCarthy reported that there will be work sessions on the Budget tomorrow and Wednesday at 7:30 p.m.; the meeting to vote will be on April 27th; a joint meeting between the Village Board and the School Board on substance abuse is scheduled for June 2nd; more information is to come.

Trustee Daubney reported that the Library cleanup was held on April 18th; the dedication for the new section is scheduled for May 3rd at 2 p.m.; April 26th is the cleanup of the Arboretum and May 8th the Centennial Ball is scheduled.

Trustee Daubney reported that Bill #2672 is in the Senate and has been passed by the Assembly; it is to allow accessory apartments in homes without extra taxation providing a senior citizen is living in the domicile; this would also help communities in meeting quotas for affordable housing.  Trustee Daubney suggested residents could contact either himself or Senator Liebell with support or questions.

Trustee Grant  stated that the dumpster at Clinton and Wayne, by the Chinese Restaurant is again in poor condition and filled with debris and asked if the Village has any regulations regarding placement of dumpsters.  Village Manager Herbek replied that was is on a business property, but was too close to a residential property and was moved at the resident’s request; he will pass this on to Joe Sperber.

Trustee Grant reported that garbage was not picked up on Wells and Beekman.  Village Manager Herbek replied that there is a Union issue taking place and garbage will be picked up.

Mayor Elliott reported that April 22nd is both Earth Day and Arbor Day; a tree will be planted at Memorial Plaza.  Mayor Elliott announced that Patricia Duclos has reopened Tricia’s kitchen and the Village is supporting the establishment very nicely and hopes residents will continue to support all the local delis.  Trustee Grant added that the area is very clean and others in the Upper Village are all doing a good job.

Mayor Elliott announced that the Board will discuss wording of the notice to residents regarding Metro Enviro.

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

The meeting was adjourned at 9:10 p.m.

Respectfully submitted,

Phyllis A. Bradbury, Secretary

Village Clerk/Acting Clerk

Corrections to the Regular Board Meeting of April 6, 1998:

Page 3, line 1, change to read:
        Written to State Senator Liebell and Congresswoman Kelly….

Page 3, paragraph 1, 4th line,  should read:
        ..Croton’s right was to solicit other cable companies.

Page 3, paragraph c: change to read:
Mayor Elliott added that Croton has requested intervenor status.  Mayor Elliott requested that Village Manager Herbek send a letter similar to the County’s letter, including the issue of the sole source aquifer.

Page 4, # 4 d; correct spelling, should be:
         shredder is all that is needed.

Page 6, last paragraph, last line, change to read:
        ..who will be eligible for the program.

Page 8, last paragraph, 3rd and 4th line:
        …and there possibly will be a parade.  
        Also…Trustee Daubney reported that last Saturday’s …meet the bunny….