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May 18, 1998
Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, May 18, 1998 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.

The following officials were present:

        Mayor Elliott                           Trustee Daubney
        Treasurer Reardon                       Trustee Grant
        Village Attorney Waldman                Trustee McCarthy
                                                Trustee Watkins
        Absent: Village Manager Herbek


        Mayor Elliott called the meeting to order at 8:15 p.m.  Everyone joined in the  Pledge of Allegiance.


No motion was made to approve the minutes of the Regular Board Meeting held on May 4, 1998 pending further review.  Approval was held over to the next Regular Board Meeting.


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

                General Fund                    $  70,821.22 (prepay $60.00)
                Water Fund      6,407.04                                        
                Capital Accounts        8,805.66
                Trust & Agency  2,614.42                                             
                                                 $ 88,708.34


Village Manager’s Assistant Ed Mills read the following correspondence (full text available at the Village Office):

a.      A letter from Mary Lambruschi, 15 Arlington Drive, asking why the Ossining Interfaith Council had taken over the management of the Mount Airy Wood Housing Project, with a referral to an article appearing in the Citizen Register.  

Trustee Grant stated that Ms. Lambruschi did ask her about the take over and she had replied that the Housing Network is a group of volunteer people and that they turned the project to a management group who are a good management firm and are experienced in managing properties and the Housing Network needed this type of management company.  Trustee McCarthy added that the article discussed more than just management, it also mentioned undertaking of other projects.

Trustee Watkins asked if there was an objection to an outside management group?. Mayor Elliott added that the question as to why the Housing Network had to go outside of Croton to get this assistance, but this has been answered several times.  Mayor Elliott stated that IFCA might want to respond to this letter.  Ed Mills stated that the letter didn’t mention any objections, just commented on the article.

b)      A letter from Donald Feldman, Peekskill Rotary Club, requesting permission to have a banner hung across Croton Station Avenue for three weeks sometime after June 1, 1998; the banner will be announcing the Carson and Barnes Circus, to be held in Peekskill on June 23rd and 24th.

Trustee Daubney suggested that since the Chamber of Commerce and/or the Centennial Group are trying to get the loan of the cannon from Peekskill, perhaps this could be a swap of services.  Mayor Elliott replied that Peekskill is trying to be accommodating, that the two items should not be linked as they are not related.

Trustee Grant made a motion to give approval to the Peekskill Rotary to put up the banner as requested.  Trustee Watkins seconded the motion.

Mayor Elliott stated that the Village should not make this type of request approval a habit; that it adds to clutter and  visual blight.

Trustee McCarthy suggested they be asked to limit the time the banner is put up to two weeks.  Ed Mills replied that he would tell them this restriction in the letter.

Vote was taken; with all voting aye – with the two-week restriction in place.

c)      A letter from Maria Modica-Snow, 109 Grand Street, regarding the lack of curbing outside her office, requesting that the Village install new curbs and she would refill the grassy area between the sidewalk and the curb.  Mayor Elliott replied that this area consists of slate curbing and suggested finding out if this could be restored rather than replaced.

d)      A letter from Claudia Smart, 71 Mt. Airy Road, asking to restore polling places to local districts rather than at just one site.
Mayor Elliott suggested that this item be put  on the agenda for next budget session.  Trustee McCarthy stated that this issue should be discussed this year before election time.  Trustee Grant pointed out that voter turnout has been higher since the consolidation to one polling place and she will express this at work session discussions.  Trustee McCarthy replied that there has been some parking problems and there have been delays to vote at time and she feels voting should be in local voting areas.  Trustee Watkins stated that he has waited longer to vote in Cortland than at any time in Croton.  Trustee Daubney added that continuity of vote is important; that people get used to going to certain places to vote; he doesn’t see a good reason for the Village to not follow the school election polling sites.

e)      A letter from Judith Martin-Becker, 59 Hastings Ave., asking for permission to close off Hastings Ave. from Benedict to Darby for the Annual Block Party on May 25, 1998.

Trustee Daubney made a motion to approve the requested road closing, subject to usual conditions.  Trustee Grant seconded the motion.  Vote was taking, with all voting “aye”.

f)      A letter from Jonathan B. Schafrann, 227 Park Avenue, NY, NY, regarding the sale of property located on Arlington Drive, adjacent to the corner of Cleveland and Arlington Drives and restating issues regarding construction problems and restrictions with this lot.

Village Attorney Waldman stated that it would be appropriate to advise the realtor, Prudential Realtors, Croton-on-Hudson, about the past history so they don’t make any misrepresentation.  Mr. Waldman added that the Mennone’s have the legal right to sell their property and if the buyer is willing to take on the obligation to prepare an Environment Impact Statement, there is nothing illegal in selling the lot.

Trustee McCarthy stated that her house is in very close proximity to the Mennone’s property and is situated on the same “rock”.

Trustee Grant stated that it is pretty clear that the Board felt previously that there should not be any blasting on this property.  


A)      Portia Clark spoke her feelings about citizens’ participation in the Croton Centennial celebration, about pride in one’s hometown, the lack of elation about the 100th year anniversary, and asked if the Village is behind the celebration since she doesn’t see the enthusiasm behind it.

Mayor Elliott replied that the Village Board has been whole committed to the centennial celebration, that they have been working with the committees for 2 years in the “Croton Style” and a series of events is planned and have been well thought out by the committee.  He asked Ms. Clark to offer any further suggestions she may have.

Ms. Clark suggested that there should be a sign coming into the Village and also commercial property owners could put up signs in the window of empty establishments announcing the centennial year and events that are planned.  Mayor Elliott replied that he would speak to at least one owner that he is acquainted with.  Trustee Grant inquired if the community bulletin board by the old Bank of New York building is still available.  Mayor Elliott replied that he did not believe that has been available for some time.  Trustee Grant suggested there should be some permanent signs available to post calendars of future events.  Trustee Grant asked also if the Centennial Committee is going to have a booth at Summerfest.  Mayor Elliott replied that yes, there will be a booth.


a)      Trustee Daubney made a motion to approve a resolution allowing Mayor Elliott to sign the agreement between the Village of Croton on Hudson and the Croton Free Library.  Trustee Grant seconded the motion.  Vote was taken, with all voting “aye”.

b)      Trustee Grant made a motion to approve amendments to the 1997-98 General Fund Appropriations (full text attached) as recommended by Treasurer Reardon.  Trustee Daubney seconded the motion.

Discussion:     Treasurer Reardon stated that this amendment is to address those accounts that have gone over budget; after this is accomplished, all Department Heads will be instructed that they must stay within their budgets until the end of the fiscal year.

        Trustee Watkins asked if these are increases over as set forth in the budget.  Treasurer Reardon replied that they are and that each line item must be adjusted that has gone over in an effort to bring the spending in line for the end of the year so the Department Heads know the budget is back in control and they cannot continue to spend; although some items that are not encumbered come due in June and July and effect this budget and it is his intention to cap this budget for non-emergency uses.  Trustee Watkins asked if any of these funds would be coming from the contingency fund.  Treasurer Reardon replied that no funds were touched from contingency and that he left this alone; he has one analysis for a contingent transfer that he will address in writing to the Village Manager.  

        Trustee Grant stated that she applauds this process and feels there is not any great hardship in putting a freeze in non-emergency spending at this time of the year.

        Trustee McCarthy stated that she is bothered that there are about 100 line items for adjustment, and why some lines were way over budget.  Trustee McCarthy stated that she would like to have some explanation of why these lines are over budget.  Trustee Grant replied that in her own experience,  departments do go over in one line and take from another line; that all the mechanics that go into approving line items in the budget, becomes academic;  she sees this as the problem in estimating line items and would rather see back up material.  Treasurer Reardon replied that his approach to the next budget is that he will hand out a schedule of percentages for each month that elapses in the fiscal year; if a department head sees he is (perhaps) 34% expended in his budget, he will see how that relates to his total budget.  Treasurer Reardon stated that he will not expend any budget line without an explanation; he also will address the process of transferring from one line to another.

7.      REPORTS:

Andy Mayti, representing the Veterans, announced that there will be a Memorial Day parade, the Boy Scouts and the Girl Scouts will march, but there will be no High School marching band; he added that he had sent a letter to West Point Military Academy, but he has not received a reply.  The parade is schedule to start at 10:00 am.  Mr. Mayti also stated that in 1952 the Village Board refused the Veterans’ request to put up a banner,  citing a Village ordinance and Mr. Mayti asked if that ordinance is still in effect.  Mayor Elliott replied that the signage ordinance is being reviewed and may have been changed since 1952; he will ask members of the Historical Society to add this as another chapter for the Centennial.

Trustee Watkins reported that the Croton Booster Club recently held their Hole-in-One contest  and raised money for athletic and the Teen Council car wash raised money for the open gym.

Trustee McCarthy reported on June 2nd at 8:00 p.m. there will be a joint meeting between the Village and School Board and will be held at the school.  Trustee McCarthy also reported that she met with Marsha Goldberg, discussing the agenda and two of the items that will be discussed are the communication between the Village, Police Department and the School and the Teen Council – the current level of support and commitment in the Village as well as future plans.  Trustee McCarthy added that it was mentioned at the Conservation Advisory Council meeting that there is a lot of broken glass at Silver Lake and suggested a sign be posted to tell people to wear shoes in that area.  Trustee McCarthy added that Earth Day  this year had about 85 participants and this increase of participation allowed them to work on areas that had not been worked on before.  Trustee McCarthy added that the CAC sending the Village Board a letter concerning the designation of certain properties under the CRE zone which will be coming up for discussion.  Trustee McCarthy commenting on the Planning Board meeting, an issue was brought up regarding of variance application for a house on Emerson Avenue that was constructed, then it was determined that they were encroaching on the setback; the Planning Board is recommending that the Village amend the Zoning Law by providing for an “as built” survey.  Trustee McCarthy asked that this be put on a work session agenda.  Mayor Elliott asked that this be put in memo form.

Trustee McCarthy added that there is an application before the Planning Board to put up a sign on the ShopRite building that would be visible from the ShopRite parking lot to the Train Station.  Trustee Watkins replied that this had come before the VEB and they were not in favor.

Trustee McCarthy asked to add to a work session agenda, discussion of` other zoning amendments that should be discussed and the Board possibly should implement such as matters presented by the Metro Enviro application;  May 27th is the date of the next work session at 7:30 p.m. in Village Manager Herbek’s office.  Trustee McCarthy added that she wanted to apprise people that she has heard at two work sessions, discussion of the resident rate being charged for parking permit at the train station should be the same as the non-resident rate; she added that she is not in favor of this.  Mayor Elliott replied that the two times the discussion was raised was when Trustee McCarthy raised it at budget hearing and when Mr. Sullivan raised it recently in a discussion about the parking lot by the Parking Lot Committee.   Mayor Elliott added that the appropriate time to have this discussion would be at budget time and would ask for recommendation from the Parking Lot Committee; the Village wants to run this like a business and ultimately to easy property tax burden.  

Trustee McCarthy added that at a work session on May 11th, the issue of the  Croton Sailing School lease renewal was brought up and  Mr. Plotkin, of Half Moon Bay had concerns about the mooring of boats.

Trustee Daubney reported the Chamber of Commerce meeting last week; issue of borrowing the cannon came up.  He added that the rental of floats that are being made for individuals to participate in the parade are a pull type; no riders are allowed; plans for the Summerfest parade are coming along.   Recreation Commission has firmed up negations with Hudson National; regulations are in place now for use of the golf course; the golf team has used Hudson National several times; the general public from the Village of Croton will be able to use the course the last week of June, about 28 people a week can use course; over 90 people have already signed up.  

Trustee Daubney reported on the work session with the Parking Lot Committee who reported that the area will be automated; there are about 580 daily spaces; the plans include trees, decorative light posts, the bus drop off area has some changes.   Trustee Daubney reported that the Booster Club held a golf tournament and raised over $6,500 for children who want to go to summer camps.

Trustee Grant reported the Centennial floats are being put together and are sitting in her driveway; they will be delivered to where they are needed; however, there will be a problem of storage after the summer; perhaps the pavilion in Black Rock could be used.  Mayor Elliott will check.  Trustee Grant reported on the Teen Council meeting the open gym successful; the skating project is moving ahead, the macadam tennis court at the school has been offered and is being discussed as a possible site and an architect has agreed to draw up plans pro-bono.  Trustee Grant added that the Parents Support Network group is moving along; there are a couple of volunteers in the group who are professional counselors.   Trustee Grant congratulated  John Nikitopoulos, the Youth Officer for his good image and he has been attending meetings.  Trustee Grant added that the High School Student/Senior Citizen combination Art Immigration project will be on display at the Library.

Trustee Grant stated that she got a call on Saturday night about a helicopter landing on the Golf Course.  He asked that this report be passed on to Village Manager Herbek to look into; the Village should know if this is happening over weekends.  Ed Mills will follow through.

Trustee Grant reported that she went down to look at Metro Enviro operation today; it was clean, quiet, no dust, all blacktopping appears to have been done; Mr. Apollonio stated that they took in 100 tons today; it seems to be very orderly, very clean, very non-chaotic and that she plans on going down again the next day.  Trustee Grant stated that she has been asked about  conditions that have been put on the permit and she has seen a summary from Committee; she would like to put copy in Library.  Trustee Grant suggested Village Manager Herbek put together a packet and have a summary available.

Trustee Grant reported that she had a suggestion from two seniors to run a bus during Summerfest.   Mayor Elliott replied that this was a good idea; will work out route; perhaps put out chairs; he will talk to Ann Kennedy and driver.

Mayor Elliott reported that he is appointing Sally Odland to the Water Control Commission; also a Committee to oversee the cleanup of Croton River, chaired by the chair of the WCC  Bio-Diversity Study, Restoration and Interpretation to include the study of the clean-up of railroad ties. He added that this will be a project with the Village, the Wildlife Conservation Society, Dept. of Environmental Conservation and Metro-North and the school system.  Trustee Daubney asked that everyone should get a copy of Village organizations,  committees and the members.  Mayor Elliott replied that Peggy Keesler keeps this list up to date and will get the Board members a current list.

Trustee Grant made a motion to adjourn; seconded by Trustee McCarthy; approved by all.  Meeting was adjourned at 9:30 p.m.

Respectfully submitted,

Phyllis A. Bradbury, Secretary

Village Clerk/Acting Clerk

Corrections to the minutes of the meeting of May 4, 1998:

Page 2, 3rd paragraph, 2nd sentence:  change to read:
        They were formed to explore and investigate implications of the application.

Page 2, 3rd paragraph, 9th line; change to read:
        Most of these people had spoken against it and were picked because of their expertise and knowledge

Page 3, 3rd paragraph, 4th line: change to read:
…this is a deeper and more complex question than the old dump.

Page 4, 5th paragraph, 3rd line, correct spelling:  Maria Cudequest

Page 5, next to last paragraph, 1st line, correct spelling: Roger Solomozy

Page 5, next to last paragraph, 6th line, change to read:
        He wondered if the truckers won’t be coming……
Line 8: correct spelling: Mr. Apollonio’s facility in Ossining

Page 8, 3rd paragraph, 3rd line: change to read:
        He was told by unnamed sources that these…

Page 9, 5th paragraph, 1st line: correct spelling:
        Ms. Ann DiCioccio stated that…

Page 10, 5th full paragraph, 2nd line: change 1st  “of” to “from” and 2nd “of” to “regarding”

Page 11, last paragraph, line 3, change to Tom Perkins and….

Page 12, 6th paragraph, 2nd line: change loose to lose…

Page 13, 6th paragraph, 1st line: correct spelling:
        Ms. Michele Celerio of Nordica Drive… and again paragraph 8, correct  spelling: Celerio…

Page 14, 3rd line from bottom:  correct spelling: ..that the Board was misled.

Page 15, 1st line, change to read:  They did…

Page 15, 8th paragraph, correct to read:
        …There are an existing 350 trucks per day….

Page 18,  5th paragraph, 1st line: correct to read:
        Trustee Grant stated that while she was concerned with fairness to the applicant, it was not her primary concern.

Page 18, 12th full paragraph, 1st sentence, add:
        The State records are compiled by using mechanical devises, not a visual count.
At the end of the paragraph add:
        Regarding the State records, a UPS vehicle would be regarded as a truck.

Page 19, 1st full paragraph, 1st line: add after the word “that”:
        according to the applicant,

Page 19, 8th full paragraph, end of sentence, add:
        After some discussion, the answer was no.

Page 20, 1st full paragraph, 2nd line, add after the word “however”:
        Within certain time frames.
                                        …add after the word “idling”
        Than would be emitted from turning the vehicles off then on again.

Page 20, 5th full paragraph, end of sentence, add:
        (Re:¶17 of Version 1).

Page 20, insert between paragraphs 4 and 5:
        Trustee McCarthy questioned why paragraph 13 of Version 1 refers to 1995 noise levels.  Mr. Lee stated that it should state that noise levels shall not exceed the performance measures determined in December, 1997.

Page 21, 6th paragraph, 5th line, change to read:
        …Allee King was able to obtain, the Liguori’s were processing an average of 100 tons a day in 1993 and 162 tons a day in 1994.
        Line 7, correct to read: the applicant’s position…
        Line 11, change to read: …an ‘as of right’ use.
        Line 13, insert following sentence after “things”
                No one was thinking about the future.
                Line 17, add after “substantially:
                        We can talk further.
        Last sentence: correct to read:
        ..if they want to decrease their tonnage substantially, they can talk further…

Page 22, 1st full paragraph, change to read:
        Trustee McCarthy stated that there are two parts to this application-one is the SEQRA part, and the other is the non-c9onfomring use part, which is how this application got here.  She stated that this application is before us because the applicant seeks to convert from one non-conforming use to another by special permit by the Village Board.  Under the Zoning law it states that a non-conforming use shall not be enlarged, etc., and one cannot tell her that the construction of the pad is not an extension of this use, the additional tonnage, the trucks, and all these other improvements.

Page 22, 3rd full paragraph, 1st line, after “case law” insert:
        (Saladino v. Fernan, 204 A.D.2d 554)

                        2nd line, at the end of sentence, add:
        and that it was deemed an enlargement of a non-conforming use.