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December 7, 1998
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, December 7, 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 Manager Herbek          Trustee McCarthy
        Village Attorney Waldman                Trustee Watkins


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

        1a)     Mayor Elliott presented Benny Santella with a plaque;  congratulating and thanking him for his achievements and proclaiming December 10, 1998 in the Village of Croton on Hudson as “Benny Santella Day”.


Trustee Grant made a motion to approve the minutes of the Regular Board Meeting held on November 16, 1998 as corrected.  Trustee Watkins seconded the motion.  The Board voted for unanimous approval.


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    $       168,740.59        
                Water Fund        56,584.90                                             
                Capital Accounts          88,198.88     
                Trust & Agency      6,060.78                                                 
        $ 319,585.15


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

A letter from Nancy B. Johnson, 65 Sunset Trail, giving her views on the firehouse referendum.
A letter from Westchester County Taxi & Limousine Commission, informing the Village of applications for taxi permits as required by law.
A letter from Van Wyck Associates, Inc. regarding the cleaning of Van Wyck Shopping Center parking lot, giving the times of the cleaning operation and asking for permission to use the machinery earlier than permitted.  The Board of Trustees concurred that this should not be permitted, that there is ample time to do the cleaning during the hours as allowed by Village law.  The Trustees agreed that the Village appreciates the way the parking lot has been kept clean.
A letter from NYS Office of Real Property Services, with the Residential Assessment Ratio for 1999.   Village Manager Herbek noted that the assessment ratio last year was 6.69 and he has asked Joe Sperber to look at this year’s assessment; Mr. Sperber reviewed the 111 sales upon which the new ratio is based and found 39 errors; he has sent this information into the State.  Village Manager Herbek added that he expects the rate to rise, but it will be a month or so before the Village hears from the State.
A letter from Carolyn Whiting, 7 Nordica Drive, asking, if the Municipal Building windows are replaced, to allow her to obtain two windows for personal use.  Village Manager Herbek will determine if the windows Ms. Whiting requested are to be replaced.  Trustee Grant asked to see if the replaced windows have any value  first, if not, than rather than throw them out, Ms. Whiting request may be granted.
A letter from Media One, with the FCC Forms 1210 (rate forms), rate and channel line-up notices for the Village effective January 1, 1999.  Trustee McCarthy stated that she and Trustee Daubney attended a meeting in Cortlandt some months ago where discussion included ways in which municipalities can assure that they are receiving everything they are entitled to from the local cable TV provider.  The presentation was by Monroe, Inc. and Trustee McCarthy asked that it be put on a work session to talk with Monroe and the possibility of retaining the firm to review the cable services.
A letter from Donald L. Sapir, Zoning Board of Appeals, to Village Attorney Waldman, regarding the issue of applicants who seek variances for unlawful existing non-conforming conditions.  Mr. Sapir suggests that the inequity of this ongoing problem be reviewed and if a change in the fee structure is considered, the ZBA should “retain jurisdiction to waive all or part of the fee for cases in which mitigating circumstances militate in favor of a waiver or reduction”.  Village Attorney Waldman suggested sending the proposed changes to Pace University’s municipal law division for review.  Trustee Watkins added that if this cannot be done in this manner, perhaps a stiff penalty should be imposed.
A letter from Ann Gallelli, Chair, Planning Board, with their reply to a request for comments on the possibility of selling the Sewer Treatment Plant property.  Ms. Gallelli stated that it was the consensus of the Board “that without a thorough exploration of the possible uses of the property, it would be best not to sell it at the present time”.
A letter from Elizabeth Ernish, Neighborhood Streets Network, asking the Village to join their “Slow Speed” campaign.  Mayor Elliott stated that he would like someone from the DOT to come to a work session; he will find the background on the particular law that limits speed to 30 mph on local roads.
A letter from Snyder & Snyder, Esq., regarding the Special Permit applications sent to the Town of Cortlandt by Sprint Spectrum for wireless service facilities.  Village Manager Herbek stated that complete paperwork is available in the Village office.  Trustee Watkins stated the fact that Mr.  Snyder came to the Village Board several times saying there was no other location but the one proposed in the Village proves it is the Village’s duty to question repeatedly about these requests.  Trustee McCarthy added that a letter was sent by an attorney questioning the Village laws on the issue of cellular towers and she would like this matter put on a work session for discussion and review.

Mark Franzoso asked about the size of the wireless communication towers.  Mayor Elliott replied that they are along the Con Edison site and will be on existing towers.

Ann DiCioccio asked if there had been a recent violation by Metro-Enviro.  Village Manager Herbek replied that records indicated that for three days, they accepted more materials than allowed; however, this was a discrepancy in the weight recording.  He added that there was a water problem in the area and it interfered with proper recording which lead to double weights being shown. Village Manager Herbek stated that there was a problem getting rail cars to the site, but 16 empty rail cars arrived last Friday.  Trustee Daubney stated that he saw trucks with covers, indicating they had materials stored in them, on the Liguori property and the agreement is that these trucks should be empty.  Trustee McCarthy stated that material is still piled well over the wall; consideration must be given on how the Village is going to handle inspections; a full report is needed each time an inspection is done.  Trustee McCarthy stated that the Village Engineer should be making many more inspections than he currently is.  Trustee Grant stated that the book at Metro Enviro indicates that Joe Sperber has visited the site many more times than he has filled out a report.  Mayor Elliott stated that the Village Manager should ensure that Joe Sperber and Kary Ioannou fill out a report each time they visit the site and that he should speak with the Dept. of Weights and Measures to see about the issues of scales not recording properly.  Village Manager Herbek suggested that perhaps the Board should consider hiring an outside monitor; that there is an issue on what different persons consider a violation.  Trustee Daubney added that he feels there is a need to take a random demolition debris sample and this should be done by an outside agency; there is some concern about the dumping of asbestos.  Trustee McCarthy stated that the Board should schedule a work session with enough information in order to discuss what information the Board needs.  She asked that Mike Lee be asked to join them.   Trustee Watkins, referring to demolition debris sample testing, asked that this be checked with Mike Lee for advice on how one goes about this and what he recommends.

Budget Modifications:

A1)     On motion of  TRUSTEE GRANT  seconded by  TRUSTEE McCARTHY,  the  
following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York; vote was unanimous.

WHEREAS, the Treasurer has asked for assistance in obtaining a 911 recording device from the 911 chief coordinator of the Westchester County 911 program; and

WHEREAS, the Croton Police Chief has demonstrated the need for such assistance to the satisfaction of the 911 chief coordinator; and

WHEREAS funds to accomplish this acquisition have now been received from Westchester County 911 the Village Treasurer wishes to amend the 1998-99 General fund Operating budget effecting the following accounts; and

Increase  3120.200  by    $ 16,618.50    ( Police Equipment )
Increase      2389     by    $ 16,618.50    ( 911 Grant from Westchester county)

Now Therefore be it resolved that the Village Treasurer amend the 1998 -1999 General Fund budget to reflect these changes.

A2)     On motion of  TRUSTEE GRANT  seconded by  TRUSTEE DAUBNEY,  the  
following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York; vote was unanimous.

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 Highway department has requested funds in their budget lines to be amended to cover the cost of a computer program update for the Village garage; 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:

Increase   1640.400  by      $   2,000.00     ( Central Garage Contractual)
Decrease  1640.460  by      $   2,000.00     (Central Garage buildings)

Now Therefore be it resolved that the Village Treasurer amend the 1998 -1999 General Fund budget to reflect these changes.

b)      On motion of  TRUSTEE GRANT,  seconded by  TRUSTEE WATKINS,  the  
following resolution was considered by the Board of Trustees of the Village of Croton-on-Hudson, New York.

WHEREAS, the Village of Croton has decided to repair the windows on the Stanley Kellerhouse Municipal Building; and

WHEREAS, the Village has engaged the services of Roger A. Pellaton, Architect to prepare the technical specifications for said windows, which have been used in the bid documents prepared by the Village Engineering staff; and

WHEREAS, INDUSTRIAL WINDOW CORP., 50 Lafayette Place, Thornwood, NY 10591 was the low bidder meeting all of the specifications at
$216,982.00 which is within the budget; and

WHEREAS, the Village Manager has taken the recommendation of the Village Engineer that all of the specifications were met by INDUSTRIAL WINDOW CORP., and  the bid should be awarded. Now

THEREFORE BE IT RESOLVED, that the Village Manager is hereby authorized to award, INDUSTRIAL WINDOW CORP., the bid for said window replacement, with discretion to adopt any change orders necessary to complete the work with the stipulation that the budgeted amount never be exceeded; and be it further

RESOLVED, that the Village Treasurer is hereby authorized to pay for said windows according to the contract providing that the Village Engineer is satisfied that all of the specifications have been met.
Discussion:      Mark Franzoso, speaking as a resident as well as a contractor, st ated that the window that has been decided on is a poor choice; there will be an added cost to complete the inside work, they have only a one year limited guarantee, another window would be more appropriate and suggested a window with a transom on top, he also suggested that a vinyl replacement window which is a higher quality window  and is available with a lifetime guarantee.  Village Manager Herbek stated that they did not want to compromise the architectural integrity and he believes that the window Mr. Franzoso is suggesting would change the look of the building. After discussion, it was determined that the following questions will have to be answered:  1) will the windows proposed be serviceable over the long-term 2) ask the architect what is the significance of duration on these in terms of risk taken 3) how have the proposed windows worked in other installations; ask the manufacturer why there is only a one year guarantee 4) should the wooden window bids be rejected and should a vinyl window be on the RFP.  


c)      On motion of  TRUSTEE DAUBNEY,  seconded by  TRUSTEE GRANT,  the  
following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with the following vote:  unanimous.  

WHEREAS, the Planning Board and Hudson National Golf Club are coming to closure on the amended site plan application and

WHEREAS, in the process of reviewing the current proposed site plan amendments and developing a draft site plan resolution it has been recommended that the existing Special Permit granted by the Village Board in 1994 also be amended to be consistent with the final approved site plan and to correct discrepancies between what the Village Board approved in 1994 and the probable outcome of the amended site plan;

NOW THEREFORE BE IT RESOLVED: that a public hearing is hereby called for Tuesday, January 19, 1999 at 8:00 PM at the Municipal Building to consider the proposed modifications to the Resolution of Amended Special Permit Approval for the Hudson National Golf Course, Inc.

d)      On motion of  TRUSTEE GRANT,  seconded by  TRUSTEE WATKINS,  the  
following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with the following vote:  Trustees Grant, Watkins and Mayor Elliott, “aye”; Trustees Daubney and McCarthy “abstain”.

Resolved:  a public hearing is hereby called for Introductory Local Law No. 9 of 1998, to allow the enlargement or extension of non-conforming office or retail store use in an RB District by Special Use Permit issued by the Board of Trustees and to delete the last sentence in Section 230-55 with regard to certain special permit uses deemed conforming uses in the zoning district in which they are located.

e)      On motion of  TRUSTEE McCARTHY,  seconded by  TRUSTEE WATKINS,  the  
following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with the following vote:  unanimous.

WHEREAS, the Village of Croton-on-Hudson, the New York State Department of Transportation and Metro North Commuter Railroad have been working for several years on a project which will close a dangerous grade crossing and at the same time enhance public access to a one mile stretch of the Hudson River Shoreline and

WHEREAS, the New York City firm of CTE Engineers has been retained by Metro North to provide several design schemes which the Village, the New York State Department of Transportation and Metro North are reviewing and one issue which has yet to be resolved, is whether the existing one-lane tunnel under the Metro North tracks may continue to be used for vehicle access and

WHEREAS, there are a number of residents who feel strongly about preserving the Senasqua Tunnel because it offers a unique view or picture frame of the Hudson River when driving through the tunnel and

WHEREAS, the Village Board is interested in obtaining an independent review from an outside engineering firm to offer an opinion on the tunnel alternative study provided by CTE and make a recommendation as to whether a cost-effective alternative exists that permits the preservation of the view and westbound traffic through the tunnel and instructed the Village Manager to prepare an appropriate RFP to retain such an engineering firm and

WHEREAS, three proposals were received in a timely manner, that of A & H Engineers in the amount of $4,800, Hahn Engineering in the amount of $3,500, and Charles H. Sells in the amount of $2,000.

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to retain the firm of Charles H. Sells for their proposal in the amount of $2,000.

BE IT FURTHER RESOLVED, that the Village Treasurer is hereby authorized to amend the 1998-99 General Fund Budget as follows:

Increase      001-1440.0400   $ 2,000.00  ( Engineering Contractual )
Decrease    001- 1990.0400  $ 2,000.00  ( Contingent Account )


Village Manager Herbek reported that he received a communication from Joe O’Malley, Engineer of the pedestrian bridge project that the work is complete and he is awaiting Village acceptance.  

Village Manager Herbek reminded all of the special election on Tuesday, polls are open 6 AM to 9 PM; results will be announced after the tallying of the vote; there are two proposals for improvements/building of firehouses.

Village Manager Herbek stated that the Board has received the latest draft for the Waterfront Development District zone; there will be a work session on December 14th; also included in the work session will be the house at 33 Brook Street.

Treasurer Reardon reported November 30th was the conclusion of the 6th fiscal month; 41% of the general fund budget is expended.  He added that two tasks were charged to him-one to consolidate the Village’s current debt and to secure a bond rating.  He stated that on December 2nd, Moody’s Investment Services concluded their examination of the financial status and determined that the Village should be assigned an A1 bond rating for the purpose of issuing serial bonds; this rating is the highest of the “A” category and will allow the Village to borrow at a much lower rate than it had in the past as it had no rating.

Trustee Watkins stated that the Board is unanimous in favor of passage of both firehouse propositions and feels just passing one would not be sufficient for the important renovations necessary and urged everyone to vote yes.  He added that in a work session, the Board unanimously agreed to hire an engineer to look at the proposed road to Senasqua.  Trustee Watkins announced that yesterday there was another very successful Blood Drive.

Trustee McCarthy agreed with what has been said previously tonight about the referendum.  Ms. McCarthy added that at a recent work session, discussion was held on sidewalks, the Hudson National amended special permit and the Arboretum. Trustee McCarthy stated that she was recently woken up by loud noise from the new leaf pickup truck and asked if this is slower than the others.  Village Manager Herbek replied that it is faster and more efficient.  Trustee McCarthy asked to have on the next work session agenda, discussion about accounting services and the auditors.

Trustee Daubney reported that a citizen called him regarding the advertising about affordable housing and asked that it be advertised as well as possible so people can be aware of the opportunity.  Trustee Daubney questioned the gravel used at the Old Post Road North project and asked if the contractor was bringing this in and if so, could have an agreement with people living in the area as far as use of the gravel; he noted that he has seen that gravel on several driveways.  Village Treasurer stated that it was okay to have private agreements, as long as the Village is not charged for additional gravel.  Trustee Daubney reported that the leaves should not be raked to the curb at this time, but should be bagged.  Trustee Daubney reported that the Golf Course had 106 registered inquiries and 43 separate persons used the golf course; discussion will be to open for use of the golf course to the school district.  Trustee Daubney also stated that anyone on the Board or Mr. Herbek can be called with opinions on any subject.

Trustee Grant commented that the Board supports the referendum and urged all registered citizens to vote on Tuesday.  Trustee Grant asked if the leaves have been collected on Mt. Airy as she received a phone call from a resident about this.  Village Manager Herbek responded that this area would get done.  Trustee Grant added that the December 7th service was wonderful and added that it was a shame to not have more younger people in attendance, and that it was an impressive service.

Mayor Elliott stated that he has appointed Mary Thoubboron to the Recreation Advisory Board.  He also thanked the Recreation Department for the decorations.  Mayor Elliott also urged everyone to come out and vote on Tuesday.

Trustee Daubney made a motion to adjourn.  Trustee Watkins seconded the motion.  All voted “aye”.

The meeting was adjourned at 10:50 P.M.

Respectfully submitted,

Phyllis A. Bradbury
Phyllis A. Bradbury, Secretary


Village Clerk/Acting Clerk