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August 25, 1998

VILLAGE OF CROTON-ON-HUDSON, NEW YORK

VILLAGE BOARD MEETING MINUTES - MONDAY, AUGUST 24, 1998



A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, August 24, 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
        Treasurer Reardon                       Trustee Watkins

1.  CALL TO ORDER:

   Mayor Elliott called the meeting to order at 8:05 PM.  Everyone joined in the Pledge of Allegiance.

2.  APPROVAL OF MINUTES:

   Motion was made by Trustee Grant to approve the minutes of the Regular Board Meeting held on August 3, 1998 as corrected.  Trustee Daubney seconded the motion which was approved unanimously.

3.  APPROVAL OF VOUCHERS:

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

                General Fund            $ 31,297.68
                Water Fund                 1,050.00
                Capital Accounts          42,165.85
                                                $ 74,513.53

PRESENTATION:

Manager Herbek discussed the background and history on the Brook Street Grade Crossing Abandonment and the proposed roadway - Half Moon Bay Bridge - Senasqua Park Project and introduced the representative from Metro-North and CTE Engineers.
 
Kurt Ziegler, Project Manager, Metro-North Railroad; Michael Lorczak Project Manager, CTE Engineers and Michael Nolan, Project Engineer, CTE Engineers gave their presentation to the Board using an artist's rendering to explain the purpose of the project, and an analysis of the alternatives which were explored before the final rendering was proposed.

Regular Board Meeting, August 24, 1998                          Page 2


Manager Herbek explained how the project had progressed with approvals from the various agencies and boards and stated that they are still working on the issue of obtaining $1 million worth of funding.  The village is still hopeful that the state of New York will come through.  He stated that one of the things that was important to the village was keeping the Senasqua tunnel open.  Metro-North intended to completely close the tunnel but because of Mayor Elliott's persistence, will keep it open for pedestrians and bicycles.  He explained it would have been nice to keep the tunnel open for vehicles but that is not possible.  This project cannot take place keeping the tunnel open for vehicles for reasons that have been outlined by the engineers.  There is not only village money involved.  There are state requirements and Metro-North requirements.

Manager Herbek asked for questions from the board members.

Trustee McCarthy questioned the speed of the roadway and was informed by Mr. Lorezak that the designed speed is 20 mph.  Trustee McCarthy said it was brought up at a work session that there is a state law which requires all village roads to be 30 miles per hour.  She called NYCOM and was told that was correct.  The only areas you are permitted to reduce the speed limit are around schools.  NYCOM advised that the village could seek a special act of the Legislature to make this road 20 mph. Trustee McCarthy stated since you are building this road now, you are building it in violation of state law since it is not capable of a speed of 30 mph.

Mr. Lorezak stated it is capable of 30 mph but proceeded to explain that in order for them to meet the grades they need to meet to build the roadway without it having a serious impact on the riprap, they need to have a curve which is what controls the design speed.

Further discussion was held regarding the speed limit, various methods for controlling speed and what determines allowable speeds.  Mayor Elliott mentioned new policies adopted by the DOT for New York State.  Trustee McCarthy stressed that there is a difference between having a roadway that is constructed for 30 mph and deciding that you want to put in speed restraints for safety reasons and having a roadway constructed that is not capable of 30 mph.  This is a real concern of hers.

Trustee Daubney asked if the grade crossing of the Railroad would be permanently closed after the project is finished and Mr. Ziegler explained that the village had requested it be left open for emergency access and Metro-North is still reviewing it at this time.



Regular Board Meeting, August 24, 1998                          Page 3


Trustee Daubney questioned what would happen if by the possible October contract start the remaining funding is not found.  Mr. Ziegler stated that the railroad does not endorse awarding contracts without some sort of funding.  He said I am not privy to all the funding facts but the railroad would probably supply some of the funding in a budget so that we could go on with this project and any agreement or payback period would have to be resolved later between the village and the railroad.

Trustee Daubney stated that he has read the Memorandum of Understanding and there is no financial obligation of the village.  It is my understanding that the village does not have further financial obligation as far as the construction of this road except for the maintenance of the road once it is finished.  Mr. Ziegler explained there are some issues that the village wanted that were of additional cost, issues that the railroad had to go back and resolve; other in-house administrative costs because of the location of the road that had to be accounted for and so forth.  As for the final details of funding, they have to be worked out.  I believe a new Memorandum of Understanding is being written and this will be resolved.

Manager Herbek stated this would be a Memorandum of Understanding to discuss how the costs would flow, how the money would flow for the funding of the project because the village is acting as the liaison for this project and the Village Board will actually control the process, this being a village project.  We are not contemplating the village providing additional funding at this point in time.  This additional MOU will concern itself with more of the administrative aspects of the project.  It will be up to the Village Board to award the contract so if the board isn't satisfied with where the money is coming from, they won't have to make the award.

Trustee Daubney questioned whether the closing of the tunnel could be scheduled for a time when there is not a high volume of traffic to Senasqua Park.  Mr. Ziegler replied they will be working with the Village Engineer to put some wording into the contract document about when that will occur.  We will try to schedule it at a time that is convenient for the village.

Trustee Watkins stated in the design of the roadway, you indicated that the level will be raised so that as you come through the tunnel you're going to see 2 or 3 ft. of rampway between the level of the roadway and the tunnel.  You indicated that was to prevent some of the flooding.  Won't that rampway cause water to come back down into the tunnel when it rains?  Isn't there some way we could alleviate that flooding problem by some sort of a drywell inside the tunnel?



Regular Board Meeting, August 24, 1998                          Page 4


Mr. Ziegler said the water will be traveling back down into the tunnel but there will be a wet well and a submersible pump which will pump it into a catch basin.  He stated the roadway must be raised between 2 to 3 feet because of the road elevation that exists.  This roadway right now is about 3 ft. below the 100-yr. flood level.  In order to raise the roadway up to that criteria, that's the elevation we feel it should be at.

Manager Herbek opened the discussion to members of the audience.

Ed Rondthaler, 28 Nordica Drive, stated we have heard of the demise of one of the greatest treasures along the Hudson River which cannot be replaced.  These plans which have been made will kill that forever.  It should not be necessary to kill that.  How much effort has really been made I don't know but it looks as though quite an effort has been made to design the roadway and some thought has been given to the picture tunnel, the like of which is nowhere else along the Hudson River.  I dare say nowhere else in the world can you get a picture which over the 90 ft. that you go through that tunnel in a car enlarges and gets wider and wider.  A wonderful thing for children and adults to see will be wiped out.  He distributed to the board and audience a flyer depicting five sketches of suggestions of alternatives to save the tunnel for vehicular traffic and proceeded to explain each suggestion in detail.  He stated all I'm doing is trying to save this treasure we have so that our village and our mayor, who I believe is chairman of the group to preserve the wonderful waterfront on the Hudson River, does not go down disgraced for having lost this beautiful tunnel.

Scott Johnson, Half Moon Bay, stated you talked in terms of the contract being awarded in October.  Does that also imply that construction might begin in October.  Manager Herbek replied that if the contract is awarded in October, the groundbreaking could possibly take place as early as November 1st.

Scott Johnson questioned whether any changes were planned for the intersection.  Mr. Lorczak stated they did not have any plans to make any changes to the intersection.

Bud O'Connor, asked if only pedestrians would be allowed through the tunnel.  Manager Herbek responded pedestrians and bicycles would be allowed through the tunnel.  Mr. O'Connor asked how much will be saved and by who if that part of the road is closed.  Manager Herbek stated it has to be worked through but we feel Metro-North should be responsible for the structure of the tunnel.  The maintaining of the pavement, the sump pump, the ongoing things, the village should be responsible for.




Regular Board Meeting, August 24, 1998                          Page 5


Joe Pettit, Commodore of the Croton Yacht Club, asked if any sewer lines or utilities would be put along the roadway.  Manager Herbek stated the village has received grant approval for the installation of a sanitary sewer line that would run to the SEPREIO property.  The grant is in the amount of $206,000.

Joe Pettit stated it's wonderful what's happening down there and it should be encouraged.

John Giglio, stated I agree with everything Mr. Rondthaler had to say.  If the view can be preserved, it would be nice.  I've been using that tunnel for over 60 years and scheme #2 looks like it might be feasible.  I hope the engineers take a look at it.  He also questioned if the railroad crossing is not closed down, will the trains still be blowing their horns?  Manager Herbek stated that the horns should stop.  That is one of the benefits, in addition to getting a spectacular road.

Lee Mattson, Prospect Place, stated I, for one, will miss the horns blowing.  I really do agree wholeheartedly with Mr. Rondthaler and his eloquent words this evening.  If it is at all possible to retain the picture tunnel as Mr. Rondthaler described, it would be a benefit to everyone in Croton.  I wanted to ask a question about the funding.  Earlier this evening you said that you were hoping to get about $1 million from the state. What I would like to know is if the funding does not come from the state and there is no money from the railroad, where does the Village Board think it is going to get this $1 million?  

Phyllis Morrow, Nautica Drive, stated I love the picture tunnel.  We're going to tear down history in the name of progress so that we can promote people visiting the historic river towns.  If that isn't an oxymoron, I don't know what is.  It is a great treasure. These solutions are not an issue of how much money must we throw at them, it's really an issue of how much vested energy, effort, conscientiousness and creativity that we're willing to put into making a solution.

Carolyn Whiting, stated I don't have anything new to add, other than to say I support Ed Rondthaler and I hope you will look at his suggestions and give them some thought.

Eugene Donepp, stated I want to lend my support to Mr. Rondthaler and if it happens that we're going to have a pedestrian tunnel, are we going to have sidewalks built up all the way to Grand Union?  Right now we don't have them and people walk in the road.  I was also happy that the engineers decided to have a nice timber fence along the waterway instead of having the typical chain-link monstrosity.  Is that going to continue all the way down and replace the existing fence that is there?  If you would take that into consideration, I would appreciate it.

Regular Board Meeting, August 24, 1998                          Page 6


Buddy Schisler stated I have lived in Croton since 1920 and I was the historian in the Village of Croton.  I keep a small boat at Senasqua.  He questioned ownership of the bridge to Half Moon Bay and was advised that it was now owned by the Village of Croton.  He said under the tunnel there is a storm drain.  Are they going to put two tons of cement on top of a storm drain?  He was advised it would be a lightweight topping.  He stated he would like to see Mr. Rondthaler's idea of a highway both ways and of a two-way bridge and a one-way tunnel just for pedestrians.
Dan Dashman, Dailey Drive, discussed Mr. Rondthaler's Alternative #3 and distance of the tunnel extending 30 ft. past the track.  The distance was disputed between Mr. Lorczak and Mr. Rondthaler.  Mr. Dashman said this point should be clarified.  We need to know whether there is actually 30 ft. of space from the rusted track to the end of the tunnel.  He stated Mr. Rondthaler is usually quite correct about these things and I think those figures have to be carefully checked.  If there is 30 ft., suggestion #3 will work and you can do it without destroying the picture tunnel.  He stated also if the contract is let in October and construction doesn't start until November and we're talking about an eight-month construction period, that means they won't be done with construction until at least the end of June, early July.  That means that we're going to go another summer without access to all of Senasqua Park with construction going on.  Something has to be done about that.  I don't think the village would stand for that.

Manager Herbek said you are absolutely right, we wouldn't.  That's a point that would be taken into consideration in the construction schedule, to make sure that there is appropriate access.  The Senasqua part of the job would have to take place probably over the winter.

Dan Dashman stated concerning Trustee McCarthy's point about the traffic, I also think this is an important point.  A lot of our roads such as Quaker Bridge Road which has many 15 mph suggested speeds on it, you could not take at 30 mph. but that road has also been there for 200 years.  I think that with a new road, we can't just assume that what we have here is going to be allowed.  I think we have to make sure that we've crossed the "tts" and dotted the "iis" because the last thing I want to have happen is for the state to come back to us and in some way renege on their loan or something else because we have somehow got them involved in this without having the proper statutory authority.

Carrie Andrews, Hunter St., stated I just want to lend my support to Mr. Rondthaler.  I've been a secret admirer of yours, reading the "Gazette" for years now and I think the picture tunnel is a magical place.  I take my children there all the time.  I've



Regular Board Meeting, August 24, 1998                          Page 7


never heard of anybody getting hurt in picture tunnel.  We've walked through, we've driven through.  I just don't see why we're willing to destroy something when it's so precious.

Jim Green stated I have to agree with Mr. Rondthaler.  Addressing the Metro-North engineers, he said in your presentation you stated that what we're preserving for Croton is the uniqueness of this vista.  The most unique part of it is the picture tunnel and we're doing away with that.

Mayor Elliott thanked the Metro-North representatives and requested that they look at the questions that have been raised, study the possibilities which have been presented and come back again before the board.

Mr. Ziegler stated we would be happy to do that but we have explored most of these alternatives.  Tracks do get moved around in the middle of the night.  That's when we do most of our track work so it's always hard to get dimensions.  He briefly discussed the alternatives and stated suggestion #3 is probably a "do-able" solution but we'll have to have our civil highway engineers look at it.  He stated I want to clarify the method of payment.  When I said payback, I meant that was from the state funding that you were seeking.  Regarding time constraints, we will be happy to adjust the paving around any fairs or festivals that you may have.

Mr. Lorczak stated the only time you wouldn't have access from the tunnel and the grade crossing would be a short period when the tunnel was being rehabilitated.  We could stage that so the work could be done in November, December and January.  After that you would have your access via the grade crossing until the rest of the roadway was built in the springtime.

Mr. Nolan said one other issue that we could possibly do in terms of your construction time would be to look into putting penalties on the contractor if he over-ran and include that in the contract document also.

Trustee Grant requested that Metro-North respond specifically to each of the alternatives that Mr. Rondthaler has drawn up and then the Village Engineer can take a look at it.  We would like to save the tunnel if it can be done.

Trustee McCarthy stated Mr. Rondthaler is definitely correct when he says the view through that tunnel is unique.  Sometimes, through a little extra effort there may be a way to preserve something that really is unique and valuable to the people of the community.  I would like to have another public hearing to hear



Regular Board Meeting, August 24, 1998                          Page 8



what these gentlemen have to say and then hear what the residents have to say; because the fact is, this road is there to benefit people, not only in this village, but other people as well.

Mr. Rondthaler stated the problem here is going to be the will to do it and I don't hear any real will on the part of the engineers.  That is the important thing - the will to find a solution and to do it for the sake of not losing something so valuable to the future.

Mayor Elliott stated if a suggestion comes back to us that is something less than what state or local code allows for, we will have to work together, as a board, to come up with a unanimous decision and I would lay that as a challenge for all of us to work together.


4.  CORRESPONDENCE:

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

a.  A letter from Walter S. Gillis requesting permission to hold       the Harry Chapin Run Against Hunger on Sunday, October 18,         1998 and requesting the village's assistance.  Trustee             Daubney made a motion to allow the request utilizing pretty        much the same roads as last year and subject to the usual          conditions.  Trustee Grant seconded the motion with all            voting "aye".

b.  A letter from the residents of Hunter Street requesting            permission for a block party on Saturday, September 5, 1998.       Trustee Grant made a motion to allow the request, subject to       the usual conditions.  Trustee Daubney seconded the motion         with all voting "aye".

c.  A memorandum from the Village of Port Chester regarding a          proposed resolution to change bar closing hours in                 Westchester County from 4 AM to 2 AM.  Trustee Grant asked         Manager Herbek to send this information to the Chamber of          Commerce and to also refer it to the local bar owners.

d.  A letter from Pour Boys Inc., 163 Grand St., advising the          village they have requested a liquor license from the State        of New York.  Mayor Elliott requested that Manager Herbek          research the procedure for handling these notifications.






Regular Board Meeting, August 24, 1998                          Page 9


e.  A letter from Jon Goplerud requesting permission to schedule       the third Croton River Cleanup Day on Saturday, September 19,      1998 from 9:30 AM to 12:30 PM.  He suggested the Village           Waterfront property, former SEPREIO property, as an                alternative site.  Trustee McCarthy made a motion to allow         the request, subject to the usual conditions.  Trustee             Watkins seconded the motion with all voting "aye".

f.  A letter from Karen Jescavage-Bernard alerting the board that      Cortlandt's Planning Board plans to grant final approval to        Quaker Bridge Estates at its September 1st meeting, despite        the fact that two letters from our board requested that no         action be taken until the village had reviewed and commented       on the proposed plan.  Mayor Elliott stated that the Village       Engineer should respond to this.  Trustee Watkins replied          that the engineer had responded in a very brief letter but I       think he asked a number of questions.  It was noted that the       Village Engineer is on vacation and not due back until after       Labor Day.  Trustee Watkins asked if there was a way to ask        them to delay their decision until after the engineer              returned because there were a number of questions.  Mayor          Elliott requested that Ann Gallelli provide the board with a       copy of the Village Engineer's letter and asked that she           follow up so the board gets a satisfactory response from           Cortlandt.

   Trustee McCarthy stated one of my concerns is that we're           going to have a paper trail going back and forth and this          will go forward to approval.  Do we need to make arrangements      to have some representative of the village present at this         meeting?  Mayor Elliott stated we want to make sure our            concerns are expressed to the Town of Cortlandt Planning           Board.  It was suggested that the Water Control Commissioner       be present at the meeting.

g.  A letter from Ann Gallelli, Chairperson of the Planning            Board, regarding proposed changes in the public notice             requirements for the Zoning Board of Appeals.  Attorney            Waldman agreed there is a large diversity now in the               different requirements and the board decided to put it on the      agenda for a work session.

h.  A letter from Lynn Roessler requesting the closing of part of      Old Post Road on Saturday, October 3, 1998 from 5 PM to 9:30       PM for the Hudson Heritage Festival Block Party and use of         Vassallo Park.  Trustee Daubney made a motion to allow the         request, subject to the usual conditions.  Trustee Grant           seconded the motion, with all voting "aye".




Regular Board Meeting, August 24, 1998                          Page 10

5.  CITIZEN PARTICIPATION:

Phyllis Morrow stated I have two things I'd like to see happen.  I would like to request the village put some striping or something to mark the Croton-Harmon exit from Route 9A because you can't see it at night.  Also, the village needs to examine its liability regarding Nordica Drive.  People are coming to the pump station on Nordica Drive and going down to the river through the woods.  The endless parade of traffic and disruption to our block has to stop.

Mayor Elliott stated he will request the Police Department take a look at the situation.

Clay Tiffany stated about 6 months ago I came and addressed you and predicted that you would find out that Jimmy Hickey has more than a passing interest in Metro-Enviro and eventually you found out that Jimmy Hickey owned the land.  It is my contention that if you continue to dig, you're going to find out that Jimmy Hickey is the moneybags behind this; that Paul Apollonio is a front.  That's my guess about this.  He asked what clients has attorney Seth Davis had as an environmental attorney and specifically has he ever represented any carting companies?  If he has, that would make a difference because he was supposed to advise this government.

Mayor Elliott stated Mr. Davis was asked to chair a committee of
12 citizens.  I would not pretend to speak for his law firm but I think most law firms in the interest of justice represent both sides of cases.  I have no idea whether he's ever represented a carting company but I would expect that lawyers very often represent both sides, just as the applicant's attorneys represent environmental groups as well.

Mr. Tiffany stated since Mr. Davis acted in a public capacity for the general good will of Croton, I would think that if you asked him for a list of his clients and asked him if he represented any carting companies, he would be forthcoming.

Trustee Watkins stated that question might be asked if one questioned Mr. Davis' honesty or integrity.  I have no questions about either of those.  If you have any specifics, then you should present those; otherwise, I think there should be no room for innuendo.

Mr. Tiffany asked why has the DEC been so recalcitrant regarding informing the public about Metro-Enviro, Paul Apollonio and Jimmy Hickey?  Why has not the government of Croton subpoenaed Paul Apollonio and questioned him regarding just who has financed the cleanup of the Metro-Enviro site?  I think you have the power to subpoena Apollonio and ask just how much money is involved here

Regular Board Meeting, August 24, 1998                          Page 11


from Hickey.  Allegations have been made that Hickey is tied to the mob which means it's very possible that mob money may be floating through Hickey.  If that's the case, mob money is floating through Hickey and then through Apollonio and Apollonio is just a figurehead.  Remember he did not have a good environmental history in Ossining.  Since I brought this issue up six months ago, why hasn't this government asked Mr. Apollonio if he owns land upstate where he has had problems with the residents because of illegal dumping?  I don't think these questions are
that hard and I don't understand why they couldn't be answered.  My sources tell me that Apollonio has illegally dumped upstate.  If he has, you have a reason to start questioning his operation a little more carefully I would think.

Mr. Tiffany asked if the public could get a copy of the minutes of the DEC meeting of 12/96 regarding Metro-Enviro which was attended by Mayor Elliott, Manager Herbek, a representative from Metro-Enviro and DEC people.

Mayor Elliott stated we have been told that there are no minutes, nor does anyone recall anyone taking minutes of that meeting.

Mr. Tiffany stated I have asked a number of questions and I would appreciate answers.  I have done my homework with this Apollonio/Hickey connection and I've been threatened.

John Giglio stated while we're talking about Metro-Enviro, it seems that they're doing things down there and they just don't care.  I stopped down there today and they were using their so-called sprinkler system.  The wind was blowing and all of the water was going outside of the enclosure.  He said I have some video if you want to see it.

Trustee McCarthy stated that if would be very helpful for our consultant to see it.

Trustee Daubney stated I know you volunteered to be on the committee to provide inspections.  Have you heard anything about that committee?  Mr. Giglio stated that he had not heard from anyone.

Trustee McCarthy asked Mr. Giglio's background and said his insight and observations are particularly valuable.  Mr. Giglio stated that he had worked for a consulting engineer.

Mr. Giglio stated the processed materials are supposed to be at the site for no longer than 30 days and then shipped out.  It seems like stuff has been there inside the enclosure for longer than 30 days.  He asked if anyone goes down to check on this.



Regular Board Meeting, August 24, 1998                          Page 12


Trustee Grant stated that Joe Sperber goes down about three times a week and I can ask him for copies of his inspection check list.  
Trustee McCarthy stated it is my understanding from the last meeting that Kary Ioannou is going to be primarily responsible for the supervision of that site because he is the most qualified person on the village staff.  I want to make sure that he is the primary person responsible.  Manager Herbek stated that there is a memo from him to Kary appointing him the responsible staff
member for enforcement but he is away for 3 weeks.  Mr. Sperber works for Mr. Ioannou and he has been going down and checking.

Dan Dashman stated they are allowed to store materials and to move those materials out.  The amount of materials is rotating and it's constantly rotating.  In fact, we just got the quarterly report which shows the amount of tonnage that is going out, as well as the amount of tonnage that is coming in.  What you're seeing on the pad is a constantly changing flow of wood.  I was down there also.  One of the problems with the observation is that you can't see when the guys are down on the pad with the hoses watering it down also.  In terms of your being contacted, Mr. Giglio, I spoke with Seymour over the weekend about the draft of the checklist.  I just spoke with Mike Lee about it and I will be giving a final draft with the corrections that Mike Lee had to Manager Herbek for the board's perusal and approval.  When I have an approved checklist that we can work with, I'm going to be contacting the committee and you're one of them.

Trustee Daubney stated that the people who volunteered to be on the committee should have been apprised of the progress.  Mr. Dashman stated that he would be happy to give everyone on the list a call.

Trustee McCarthy stated I think it's very important that we be attentive to what is going on there.  I don't want anything to slip through the cracks.

Trustee Grant stated we have to stay on top of the situation but we also have to look at the reasonableness of the operation.  We cannot always be looking for problems.  We have to recognize that people are monitoring the operation.

Phyllis Morrow stated it seems to me there is a tremendous amount of refuse trucks on 9A.  Are we keeping some kind of count that we would notice an increase?  She was advised that the trucks are going to RESCO.

Trustee McCarthy had some questions regarding entries on the permit which the County gave Metro-Enviro.  Mayor Elliott suggested that she put the questions in writing and request clarification from the county.

Regular Board Meeting, August 24, 1998                          Page 13


6.  RESOLUTIONS:

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

RESOLUTION to enact a new Chapter 137 of the Village of Croton-on-Hudson Code entitled "Graffiti" and reading as follows:

Section 137-1.  Definition.
        As used in this chapter, the following term shall have the meaning indicated:  GRAFFITI - An unauthorized inscription, marking or defacement on a wall, building, street, sidewalk or other structure within the Village for which no permit or authorization has been issued.

Section 137-2.  Intent.
        The Village Board of Trustees of the Village of Croton-on-Hudson hereby finds and declares that graffiti poses a serious problem for the residents and merchants of the Village of Croton-on-Hudson.  The unabated proliferation of graffiti is physical blight upon the landscape of the Village and costs taxpayers, merchants and homeowners substantial moneys to remove and repair.  The Village Board also finds that, when unchecked, graffiti presents an image of a deteriorating community, that no longer cares about itself.

Section 137-3.  Prohibited Acts.
        No person shall write, paint, draw or otherwise affix any inscription, figure or mark of any type on any building, public or private, or any other property, real or personal, owned, operated or maintained by any public benefit corporation, the Village of Croton-on-Hudson or by any person, corporation or other entity or any agency or instrumentality thereof, without the express written permission of the owner of the property or his agent.

Section 137-4.  Responsibilities of Owner.
        It is the responsibility of the owner, or his agent, of the building or structure which has been defaced by graffiti without the owner's, or his agent's, prior written permission to completely remove said graffiti from the building or structure within twenty (20) days of written notice of the defacement by the Village Code Enforcement Officer, Chief of Police or the designee of either of them, said notice having been served personally or as otherwise permitted by law.

Section 137-5.  Penalties for Offenses.
A.      Any person who violates Section 3 or Section 4 of this chapter shall be punished subject to the penalties prescribed by Section 1-12 of the Village Code.


Regular Board Meeting, August 24, 1998                          Page 14


B.      In addition to any other penalty authorized by this section, any person convicted of violating Section 3 shall, if the graffiti has not yet been removed, be required to completely remove said graffiti from the building, structure or property so as to restore the site to the condition existing prior to commission of the violation.

Section 137-6.  When Effective.
This chapter shall become effective upon filing of the same with the Secretary of State.

Discussion: Under Section 137-4. Responsibilities of owner.
Trustee McCarthy questioned whether notice had to be served personally and Attorney Waldman advised that it could be sent by certified mail.

Vote was taken, with all voting "aye".  Public hearing on Local Law #6 of 1998 was scheduled for the 2nd meeting in September.


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

        WHEREAS, Ernest W. Warnke has provided engineering assistance to the Village of Croton-on-Hudson over the last three years and
        WHEREAS, specifically Mr. Warnke has provided invaluable assistance in the area of the Village's water supply and distribution system and
        WHEREAS, a number of extremely important projects are underway to include the automation of the Village's wellfields and the extension of the distribution system to the Scenic Ridge townhouses and
        WHEREAS, Mr. Warnke has requested an adjustment to his compensation from $75.00 per hour to $90.00 per hour and
        WHEREAS, most engineering consulting firms that provide this type of assistance cost more than $100.00 per hour and the Village considers this type of engineering help to be well worth $90.00 per hour
        NOW THEREFORE BE IT RESOLVED that the Village Manager is hereby authorized to sign the letter of agreement dated August 4, 1998 with Mr. Warnke which provides for an adjustment in his compensation from $75.00 per hour to $90.00 per hour.

Discussion:  Trustee Grant asked if this was an open-ended consultant agreement that we have with him.  Manager Herbek said he bills us by the hour.  It is in the budget of the Water Department and generally runs about $1200 to $1500 per month.

Vote was taken, with all voting "aye".

Regular Board Meeting, August 24, 1998                          Page 15


c.  Trustee Grant made a motion to approve the following               resolution.  Trustee Daubney seconded the motion with all          voting "aye".

        Bid No. 6-98

        RESOLVED to award contract for the work on the Underground      Storage Tank Upgrade to Ira D. Conklin of Newburgh, NY in       the amount of $39,985.

7.  REPORTS:

Treasurer Reardon read the following memo which was sent to the Cortlandt Manor Town Board:

        "On behalf of the Village Board of the Village of Croton, I     would like to thank the Cortlandt Manor Town Board for their    understanding and assistance in reducing the existing tax       lien owed by the Village of Croton arising out of the Half      Moon Bay property settlement.  The Town Board graciously        reduced the amount of the lien to match the amount of the       funds that were held in escrow by our Attorney, Mr. Waldman,    thus costing our taxpayers no additional money."

Trustee Watkins reported the WAC did meet to go over the coastal assessment form and made certain recommendations.

Trustee McCarthy said she has had a number of residents speak to her about Benedict Boulevard and how dark it is at night.  She requested that the board look into the lighting to see if there is anything they could do to improve it.

Trustee McCarthy stated that at the last board meeting a discussion ensued about the bond posted by Metro-Enviro and asked if there was any further information.  Manager Herbek reported that he had telephoned Mr. Apollonio.  He explained to me that he initially requested the bond when the special permit had been issued and the individual he was dealing with apparently went on vacation.  It wasn't until we had conducted one of our checks at Metro-Enviro and asked the status of the bond that he again contacted the bond company.  It was in process and was issued immediately.  The bond had been in place and was retroactive.

Trustee McCarthy stated there is a letter from the Police Department talking about their DARE trip to Yankee Stadium which was provided by the Lion's Club.

Trustee McCarthy said I would like to request that we hold a public hearing on whether a sanitary sewer line should be installed on the SEPREIO property.

Regular Board Meeting, August 24, 1998                          Page 16

Trustee Daubney stated I noticed that the No. Highland gate is still down and I wondered what is the latest on that.  Manager Herbek reported that the work order has been processed for the repair of the gate but I can't tell you when the work will take place.

Trustee Watkins reminded the board that the Trolley Tour of Grand Street is this Sunday.  He also reported bad news from the Recreation Department that Silver Lake is closed for the rest of the season because of lack of a lifeguard.  Mayor Elliott said that if anyone knows of a qualified lifeguard, it could be reopened tomorrow.

Trustee Watkins reported that the arboretum board had a face-to-face meeting with representatives of Hudson National Golf Club concerning a number of issues they haven't agreed upon.  Some issues were resolved.  One thing the Arboretum is interested in is us taking some type of action on affirming the right-of-way of Hickey Road.

Manager Herbek reported on the boat launch project.  I had a discussion with Mark Moran some weeks ago and we are still waiting to hear the results of the second round of the Clean Air/Clean Water bond act grant.  We had resubmitted the boat basin as one of those projects.

Trustee Grant said she has received requests from citizens to ask the sanitation department to be more careful of the recycling bins when they put them back.  She also stated she has been asked what can be done about the "no turn on red" at the stanchion in the center of town.  Mayor Elliott stated that's a safety issue with pedestrians crossing and especially the kids from the school.

Trustee Grant said concerning the Emerson Avenue situation and the way the house was built, there were a lot of problems and a lot of people were unhappy.  We have taken action and have addressed it.  I just want to say that the people who have moved into that house have done a good job and I hope they are welcomed into the community.

Trustee Grant made a motion to adjourn, seconded by Trustee Daubney, with all voting "aye".

The meeting was adjourned at Midnight.


Respectfully submitted,

_________________________
Dianne C. Weeks
Stenographer



Regular Board Meeting, August 24, 1998                          Page 17


Corrections to the Minutes of the Meeting of August 3, 1998:



Page  2 - 5a, change to read "put teeth in the fine"
Page  3 - (c) 7th line - period (.) after done.  Almost at the                bottom of the page July 19 should read July 29
Page  3 - (c) 14 lines down after the sentence that concludes                 with unannounced.  Trustee McCarthy requested that the            minutes reflect that she had suggested that the                    Village Engineer be in charge of monitoring the site               and the Mayor and the Board agreed.
Page  4 - When we are talking about the enclosure going over the             tracks,-------------(Attorney Waldman has the correct                                   wording of this)

Page  5 - 6a, under Discussion: 2nd sentence, it was noticed
Page  6 - at bottom of page, parcel B is not involved.  It is                owned by the Village.
Page  9 - i - Resolution should be inserted
Page 11 - After the last whereas, date should be 1998-99
Page 12 - Item n - Resolution should be inserted.