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June 15, 1998
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, June 15, 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
        Village Manager Herbek                  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 Regular Board Meeting held on June 1, 1998 as corrected. Trustee Daubney seconded the motion; approved unanimously.

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

                General Fund                    $2,707,891.89
                Water Fund                           625,912.79
                Capital Accounts                               29,779.89
                Trust & Agency                           5,017.59

Discussion: the General Fund is so large because this is the time that the yearly blanket purchase orders are put through.

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

a.      A letter from Lyn Roessler, on behalf of the Centennial Committee, thanking everyone who assisted with Summerfest ’98 on June 7th.

b.      A letter from Regina Montana, Ackerman Ct., asking for permission from the Board for a block party to be held on Ackerman Court on Saturday, June 27th from 3pm to 8 PM.  Trustee Daubney made a motion to allow the request, subject to the usual conditions.  Trustee Grant seconded the motion.  All voted “aye”.

c.      A letter from Eric Langeloh, Acting Commissioner, Westchester County Dept. of Transportation, regarding an application for capital and operating assistance they are applying for under Federal Transit Act of 1991 and asking that any written comments be submitted by July 1, 1998.

d.      A letter from Maria Modica-Snow regarding an application by Beth Frances Motors, Inc., requesting that any further discussion by various boards be suspended until a more formal application can be submitted.  

Trustee Daubney stated that he still does not have the complete Mission Statement, which was partially missing from last Board packet.  Village Manager Herbek replied that he would furnish this.

e.      A letter from Donald L. Sapir, Chair, Village Zoning Board of appeals, reporting on their determinations after a Public Hearing in the application for a variance regarding 13A Emerson Avenue.  He stated that the Zoning Board believes it is in the best interest of the Village to give the Village Engineer’s office discretion to require the holder of a building permit to obtain a survey of the premises at any point during the construction process and requesting that the board consider amending the Village zoning ordinance to permit this.

Mayor Elliott suggested that the Village Attorney Waldman and Village Manager Herbek prepare a draft after which a Public Hearing would be required.  Trustee McCarthy stated that at the Zoning Board meeting, there was discussion about whether or not this should be mandatory or not and if this would give greater assurance that any violations would be discovered in the early stages of construction.   Trustee Grant replied that citizens will have the opportunity to discuss this at the Public Hearing; she would like to be careful to not put an extra burden on people that wish to come in a build in the Village; if it is mandated, all factors would have to be considered.  Trustee Grant asked for a recommendation and some input from the Village Engineer.  Trustee McCarthy related some of the discussion about mandating a survey or not.

Dan Dashman stated that he wanted to bring the board up to date on the check list for Metro Enviro; forms are needed, a log of inspections, form letters for notices, and checklists.  He added that there needed to be a police, Village Administration and Citizens’ committee monitoring log.  Mr. Dashman added that he has drafted a proposed notice of a five day notice of violation and an external citizen’s committee monitoring checklist and he’s halfway done doing the internal checklist.  He asked the board to let him know if this is the direction they want him to go.  Trustee Grant stated that she is particularly pleased about the logs because she is often asked what exactly is being done to monitor; though she knows this is being done, there is no document at present that she can get specific details.  Trustee Grant asked where these logs will be kept – hopefully in one central location.  Mr. Dashman said that the specific place these will be kept would have to be worked out.  Trustee McCarthy asked to clarify if Mr. Dashman was drafting a series of violation letters.  Mr. Dashman replied that the special permit delineates specific items that require notices, immediate for hazards, a stop work notice and a 5-day notice of suspension of permit or revocation.  He added that there is a clause that if there is something that damages the land or a contamination violation, the Village can demand the site be restored to the condition it was before the violation and a letter is needed for that.  Mr. Dashman added that he is developing a log specifically for the citizen’s committee; the police will need one more appropriate for them; he would give suggestions, if asked; monitoring by the Village Manager, Village Engineer and Code Enforcement Officer, they can use his checklist, but they can be customized to specific requirements.  He added that some training would be necessary.  Trustee Grant stated that she would like the boards to decide what kind of logs would be needed for the Village Engineer, etc.  Trustee McCarthy stated that she is concerned about the records the citizen’s committee is making, about how the work will be reviewed, that everyone may not be educated to look for the same thing, about what is going to be viewed as substantial evidence later; that some control of the process should be taken now and the Board needs to talk to the consultant.  Mr. Dashman replied that he is trying to form a structure that will be open for modification and change.  Trustee Grant added that she hears that he will be looking at the other logs.  Mr. Dashman replied that the logs are different than the checklist and he needs permission from the Board to Chief Coxen about what police logs that are kept.  Trustee McCarthy added that she feels that the more people that get involved gives the greater potential for inconsistent results.  Mr. Dashman clarified that the internal monitoring  will only be able to be done by trained citizens; not anyone can walk into the operation at any time and write down their observations.  Trustee Grant stated that it is important to note that the monitoring devises will not come as a surprise to MetroEnviro as it was agreed to by them.  Trustee McCarthy added that she would like to see the corrected pages of the O & M manual.  Ms. McCarthy added that she still believes someone will have to be hired to supplement the monitors; the board can set a fee structure to cover the cost of this employee.  Trustee Grant stated that she is willing to discuss this, but wants to give the citizens’ committee and the staff to give it a try first; that she believes it stands a good chance of working.

Michelle Celarier, Nordica Drive, offered to work on the citizens’ committee, but she believes that the Board should take a look at hiring a full or part-time person to oversee the operation.  She added that it was her concern if there is not a professional overseeing this, things can be overlooked.  Ms. Celarier asked also what kind of tax revenue is expected from MetroEnviro.  Mayor Elliott replied that the Village Manager’s officer should be contacted to provide this information.

Matthew Farrell, Hastings Avenue, asked if there is a date when all this monitoring and getting the log together will be completed.  Mayor Elliott replied that this monitoring is being done right now and Mr. Dashman should have most of his work done and ready for review by next week.

Gregg Schmidt, 106 Grand Street, President of the Chamber of Commerce, publicly thanked the Croton Chamber of Commerce and the Croton Recreation Dept. members for their work in making Summerfest a success.  He also thanked those that were in charge of the vendors and the floats, the Olympians, the C.o.C. Treasurer, his family and his office manager.  Mayor Elliott added his thanks to Mr. Schmidt for his 12 years of volunteer work in the Village and for serving on many committees, the Rotary and the Chamber of Commerce.

John Giglio noted that  Mayor Elliott was down to MetroEnviro several times; adding that the dumping of loads causes a lot of dust and they spray with a hose after the dumping.  Mr. Giglio commented that the Sepreio property looks good and asked if they will continue to take down trees.  Village Manager Herbek replied that only scrub trees are being taken down and that the cleaning will stop at a certain point.


a)      Trustee Daubney made a motion to approve the following resolution.  The motion was seconded by Trustee McCarthy and approved by all.

WHEREAS, the Village of Croton on Hudson has acquired two properties located in the Village designated as 67.16-2-22 (Kaplan’s Pond) and 78.08-2-55 (33 Brook Street); and

WHEREAS, the properties have had their outstanding liens with the Town of Cortlandt cancelled by Town Board action; and

WHEREAS, these properties must now revert to the tax-exempt section of the tax roll known as Roll Section 8; now, therefore,

BE IT RESOLVED: that the Board of Trustees authorizes the Village Assessor to place said properties on the exempt roll.

b)      Trustee McCarthy made a motion to approve the following resolution.  Trustee Grant seconded the motion.

RESOLVED, that the attached list of items are hereby declared to be surplus property and the Village Manager is hereby authorized to dispose of said equipment by way of sealed bids or auction.

Discussion:  Village Manager Herbek read the list of 13 items that are being declared surplus.  Trustee Grant commented that the Village Manager should check to see that these items are removed from the Village insurance.

Vote was taken, with all voting “aye”.

c)      Trustee Grant made a motion to approve the following resolution; seconded by Trustee McCarthy.

RESOLVED, that the amendment to the lease agreement between the Village of Croton on Hudson and the Croton Yacht Club, Inc. dated June 15, 1998 is hereby approved and

BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to sign the lease amendment.

Discussion:  Trustee Watkins asked if Parcel 3 is the new parcel that the Village is giving to the Yacht Club and if  the Village takes back parcel 3, there will be a reduction in overall rental and that is determined by the fraction that is in the lease.  Village Manager Herbek replied that this was correct.  Trustee Watkins asked how that fraction is arrived at.  Village Manager Herbek replied that the loss of revenue was caused by the loss of space and what is being provided for is an equivalent of land that will replace the land that cannot be utilized.

Vote was taken with all voting “aye”.

d)      Trustee Grant made a motion to approve the following resolution, seconded by Trustee Watkins.

RESOLVED, that the Village Manager is hereby authorized to sign the agreement between the Village of Croton-on-Hudson and the Croton Sailing School, Inc. for the continuation of the least between the Village and the Sailing School for the period between May 1, 1998 to April 30, 2008 subject to the attached terms and conditions.

Discussion:  Village Attorney Waldman stated that Trustee McCarthy has suggested a few wording changes to which he agrees.

Trustee McCarthy stated that Rider A should be appended to this document.  She added that she had issue with the ten year term and has requested this lease be a one year term.  Trustee McCarthy stated that John Langseeder wrote a letter to the Village in November of 1997 stating that he would be interested in receiving a Request for Proposal for this operation and he is still interested.  Trustee McCarthy stated that she believes the Village should look at this other proposal.

Trustee Watkins stated that he was not in favor of a one year lease since the proposed renewal does allow for termination.  

Trustee Grant  reiterated that that she would not dream of kicking out Mr. Jennings unless there was a very good reason to do this; this is his idea, he has developed it, he brought it to where it is and if someone wants to take over, this is not fair. Trustee McCarthy replied that the Board has an obligation to the residents to make sure the Village is getting the best possible operation;  Mr. Langseeder is very interested in looking to work with young people; to possibly have a program with the school; to see if there is an interest in having an interscholastic or intramural program; she doesn’t see any rational basis for not looking at other options.  Trustee Grant replied that she respectfully disagrees with this; that looking at the work Mr. Jennings has done with the youth, he has been doing all this; she is not the least bit interested in changing operators unless there is a problem.  Trustee Daubney stated that this equates with not raising taxes if a business does work for the Village; many people are fully supportive of the Sailing School, however there are some others who are of the opinion that this is not the best business deal the Village can have and these people need to be listened to, also.  Trustee Daubney stated that he acknowledges that the Sailing School has been good for the Village, but is not sure this is the best the Village can do for that property.  He added that, on that light, he has reservations about a 10 year term lease.  Trustee Daubney added that Mr. Jenning’s initial investment has been covered by the original 10 year lease and he favors a shorter term for the lease.  Trustee Grant asked if someone came along and offered more money for the Yacht Club, how would they feel about kicking the present Yacht Club out.  Trustee McCarthy replied that this is a totally different situation, that the Yacht Club is non-profit and residents are members there. She added that Mr. Jennings is a commercial enterprise.  Trustee Grant responded that the Village gets 2% of the Sailing School’s gross income and he manages the dock boys among many other things.  Trustee McCarthy added that the Yacht Club provides many services to the Village.  Trustee Grant stated that she would not dream of putting out the Yacht Club because they are such a presence in the community and she does not desire to put Mr. Jennings out of business because of his presence in the Village.  Trustee Watkins stated that this, in actuality, is a one year lease; that paragraph two says “subject to the right of cancellation for any reason by either party on one year’s written notice”.  Trustee McCarthy stated that she does not look at it the same way; the Board is not being fair in entering into an agreement that says it runs until April 30, 2008 and then deciding to put out a Request for Proposal; if the Board is going to put out a RFP and solicit other people for this operation, they should be honest and forthright and make it a 1 year lease.  Trustee Grant replied that she is being honest by saying she has no intention of putting out any solicitations or requests for proposals unless Mr. Jennings does something outrageous and he has not done so for ten years.

Vote was as follows:  Trustees Grant, Watkins and Mayor Elliott , “aye”
                                Trustee McCarthy, “nay”
                                Trustee Daubney, “abstain”      

Motion was approved.

e)      Trustee Grant made a motion to approve the following resolution.  Trustee Daubney seconded the motion.

WHEREAS, the Village of Croton on Hudson has appointed a Treasurer to oversee the Village’s finances and purchases; and

WHEREAS, the payments made by the Treasurer are approved routinely by the Village Board either in blanket purchase orders, or a bimonthly warrant covering the current payments; and

WHEREAS, the Village has occasion to pay certain claims on an emergency basis, or on a time frame inconsistent with the Village Board meetings which may cause the Village to incur late charges or penalties.  Now, therefore, be it

RESOLVED, that the Village Board hereby authorizes the Village Treasurer to act as the in house auditor with the power to pay all claims that are time sensitive or emergencies, and report all to the Village Board at the next available meeting; and be it further

RESOLVED, that the Treasurer will make no payment that is not fully appropriated in the current budget, and meeting all of the purchasing requirements set out in the Village’s purchase policy.

Roll Call was taken as follows:  Trustee Grant, “aye”; Trustee Daubney, “aye”; Trustee McCarthy, “aye”; Trustee Watkins, “aye”, Mayor Elliott, “aye”.  Motion was carried.

f)      Trustee Grant made a motion to approve the following resolution.  Trustee Watkins seconded the motion.  Vote was taken, with all voting “aye”.

WHEREAS, the Board of Trustees of the Village of Croton on Hudson has instructed the Village Manager and his staff to stay within the limits of their respective budget appropriations; and

WHEREAS, any Department head encountering a fiscal crisis must bring said crisis to the attention of the Village Board with recommendations for a workable solution; and

WHEREAS, the Public Works department has requested funds in their budget lines to be amended for various reasons; and

WHEREAS: the Director of Public Works, in conjunction with the Treasurer have reviewed the budget and have requested the following budget transfers to accommodate the budgetary shortfalls:

        1. Increase 3510.200 by         $210.00  (Equipment)
        2. Decrease 3510.400 by         $210.00  (Contractual Expense)

NOW THEREFORE BE IT RESOLVED, that the Village Treasurer amend the 1998-1999 General Fund budget to reflect these changes.

g)      Trustee Grant made a motion to approve the attached resolution authorizing the issuance of an $102,300 statutory installment bond to finance a portion of the cost of certain Village water system improvements that supersedes a resolution dated September 8, 1997 authorizing the issuance of a $136,400 statutory installment bond.  Trustee Daubney seconded the motion.  Vote was taken, with all voting “aye”.

h)      Trustee Grant made a motion to approve the following resolution.  Trustee Daubney seconded the motion.

RESOLVED: that the Village Manager is hereby authorized to sign the attached agreement with Frederick P. Clark Associates, Inc. to provide services in connection with the review of the Half Moon Bay project currently before the Planning Board in accordance with their proposal dated June 12, 1998, with an estimated budget of $55,350 plus expenses, which is to be fully paid by the applicant.

All voted “aye”.  Motion was approved.

7.      REPORTS:

Village Manager Herbek distributed a memorandum regarding Capital Projects as a follow up to last work session; further discussion will be held at a future work session.
Trustee Watkins reported that at the work session scheduled for tomorrow night at 7:30 P.M., there will be discussion on the proposed renovation of two firehouses.  Trustee Watkins reported also that he looked at the Sepreio property and it looks like a very good job is being done; the Yacht Club said the property will serve their purposes.  Trustee Watkins added that the Arts Council had their second annual gala at Croton Point; about 120 people attended; a lot of difference facets of art were demonstrated.

Trustee McCarthy congratulated all persons who worked to make Summerfest a wonderful day; adding that the floats gave it an added perfect touch.  Trustee McCarthy reported that she attended the NYCOM conference; that it was very educational and she was provided with a lot of information; one issue was answered, the topic of permissive referendum was brought out in one session she attended; she asked if the Board could put an issue out for a vote instead of waiting for citizens to petition the Village and she was told that the Board has this power.  Trustee McCarthy stated also that she and Village Manager Herbek visited a skateboard park in Saratoga Springs.

Trustee Daubney reported that Summerfest had many Village employees that take an important part and do help make it so successful.  Trustee Daubney reported also that Mr. Neel is now chair of the Library Board.  Trustee Daubney reported that Ms. Samsel requested a walkway instead of the grass way so people can get a closer look at the mural; this should look almost finished in about two weeks.  Trustee Daubney reported also that the Chamber of Commerce has invited the Village Board to their next meeting on June 25th at 8:00 a.m. in the Municipal Bldg.; discussion will be on the community block party being scheduled for October 3rd.  Trustee Daubney added that registration forms are ready to go out to those who have signed up to use the Hudson National Golf Course this summer. Trustee Daubney asked if any movement has occurred on the Municipal Place appraisal.  Village Manager Herbek replied that this should be in shortly.  Trustee Daubney added that the Skating Committee would like to be considered also.

Trustee Grant gave thanks to the Centennial Committee and especially Lyn Roessler; she challenged the School Board to a float competition for next year’s Summerfest parade.  Trustee Grant reported that she attended the Teen Council Meeting and distributed the minutes from their meeting; the kids are very involved and volunteers are always needed; Gail Sasso should be contacted.  Trustee Grant asked how to handle gifts to the Village, stating that she got a call from someone who had lived in Croton and wanted to donate a bench to honor a deceased relative.  Mayor Elliott replied that he has spoken to a member of this family also; Village Manager Herbek will contact them.

Village Attorney Waldman requested an Executive Session after this meeting.

Mayor Elliott thanked Erica Shanker and the members of the Council for the Arts for the wonderful job they have done; he also gave thanks many people who were involved in the Summerfest festivities.

Trustee Daubney made a motion to adjourn.  Trustee Grant seconded the motion; unanimous approval.

The meeting was adjourned at 9:45 P.M.

Respectfully submitted,

Phyllis A. Bradbury

Village Clerk/Acting Clerk

Corrections to the minutes of the meeting of June 1, 1998

Page 2, 3rd paragraph, 12th line, change to read:
        …because it was suggested they might view the presence…

Page 2, 3rd paragraph, 18th line, change to read:
        …that the Village hopes for no violations.

Page 2, last line, change to read:
        …full time paid person might form a relationship…

Page 3, 1st paragraph, 3rd line, add:
        …and possibly form a friendship…

Page 3, 2nd paragraph, 17th line, add:
        …because there was not an adequate water supply…

Page 4, 4th paragraph, correct spelling:
        …right to enter that site at any time…

Page 5, 1st paragraph, 3rd line, change to read:
        …may be going on.  The current reviews are….

Page 5, 3rd paragraph, 1st line, change to read:
        …stated that she has spoken with people who are involved…

Page 5, 3rd paragraph, last line, change to read:
        …given to this operation.

Page 7, 1st paragraph, lines 9 & 10, change to read:
…said metal pieces would be put in containers and things like wallboard will be ground up.

Page 8, 3rd paragraph, 5th line, change to read:
        …this is the first time she has seen these changes

Page 8, 5th paragraph, 9th line, change to read:
        …the position that the contract language is not acceptable…

Page 9, 1st paragraph, 5th line from the bottom,  change to read:
        …some adverse effect from the fishing excursions and at their

Page 10, 2nd paragraph,1st line, change to read:
        …that they have listened to an initial presentation for a large retail…