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Village of Croton-on-Hudson
1 Van Wyck Street
Croton-on-Hudson, NY 10520

Phone: 914-271-4781
Fax: 914-271-2836


Hours: Mon. - Fri., 8:30 am - 4 pm
 
December 21, 1998
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, December 21, 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
        

1. CALL TO ORDER:

        Mayor Elliott called the meeting to order at 8:10 p.m.  Everyone joined in the  Pledge of Allegiance.


2. APPROVAL OF MINUTES:

Trustee Grant made a motion to approve the minutes of the Regular Board Meeting held on December 7, 1998 as corrected.  Trustee Daubney seconded the motion.  The Board voted for unanimous approval.

Trustee Grant made a motion to approve the minutes of the special meeting of the Board of Trustees held on December 8, 1998.  Trustee Watkins seconded the motion.  Vote was taken with Trustees Grant and Watkins and Mayor Elliott voting “aye” and Trustees Daubney and McCarthy abstaining.

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                    $ 55,011.14
                Water Fund      1,773.34                                        
                Capital Accounts        5,573.97
                Trust & Agency  4,910.94                                     
                                                 $ 67,269.45

PRESENTATIONS:
1.      County Legislator, Michael Kaplowitz, was in attendance.  Mr. Kaplowitz gave an update of current events for Westchester County, especially those that effect Croton on Hudson.  Mr. Kaplowitz also distributed copies of the County Budget, which was recently passed with a vote of 16-1 and will carry a .65% reduction.
        
2. Susan Fasnacht, representing Charles Sells Engineers, as charged by the Board of Trustees, gave her analysis of alternatives for the Senasqua Tunnel as it relates to the Brook Street Grade Crossing Elimination Project.  A copy of this presentation is available in the Village Manager’s office.

PUBLIC HEARINGS:
Mayor Elliott opened the public hearing for Local Law Introductory #6 of 1998, increasing the income level for partial real estate tax exemptions for senior citizens.  No public comments were forthcoming.  Mayor Elliott closed the public hearing.  Trustee Grant made a motion to approve the passage of Local Law Introductory #6 of 1998.  Trustee Daubney seconded the motion.  Vote was taken with all voting “aye”.
Mayor Elliott opened the public hearing for Local Law Introductory #7 of 1998, prohibiting helicopters and other aircraft landings and take-offs.  No public comments were forthcoming.  Mayor Elliott closed the public hearing.  Trustee McCarthy made a motion to approve the passage of Local Law Introductory #7 of 1998.  Trustee Daubney seconded the motion.  Discussion:  If approved a copy of the law should be sent to those who are known to have landed helicopters in the Village in recent years. Vote was taken, with all voting “aye”.
Mayor Elliott opened the public hearing for Local Law Introductory #8 of 1998, increasing the fines for parking in handicapped spaces.  Trustee Grant made a motion to approve passage of Local Law Introductory #8 of 1998.  Trustee McCarthy seconded the motion.  Discussion:  signs will be put up in selected areas.  Vote was taken with all voting “aye”.


5.  CORRESPONDENCE:

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

A letter from Philip J. Clark, PE, NYS DOT, asking the Village to allow free parking at the Croton station on New Year’s eve and extending through New Year’s Day as an effort to promote safety and reduce highway congestion.  Trustee Grant made a motion to approve this request for free parking starting at 2:00 PM on New Year’s eve.  The motion was seconded by Trustee Daubney.  Vote was taken with all Trustees voting “aye”.
A letter from Linda Puglisi, Cortlandt Town Supervisor, extending gratitude for the Village’s assistance with the DARE program and asking for continuation of this effort for 1999.
A letter from David S. Sampson and Maggie Vinciguerra, Hudson River Valley Greenway, enclosing a list of the Clean Water/Clean Air Bond Act grants funded by the Governor through the Greenway for 1998.  Trustee McCarthy stated that she had concerns that the next Village budget will not have these funds available and suggested an attempt should be made to solicit matching funds from private sources.  Trustee McCarthy added that the Waterfront survey was put in areas within the Village that will not control the accuracy of results and it is not being sent to all homes of residents.  Trustee Grant stated that she had expressed this concern when the use of a survey was being discussed.
A letter from Wayne Street Neighborhood homeowners, listing water problems on the sidewalks and driveways and the narrowness and impassability of the street.  Trustee Daubney suggested that Village Engineer Ioannou should look at the road and that he, Village Manager Herbek and Ken Kraft should come to an agreement on how to address this problem.
A letter from Michael B. Kaplowitz, Westchester County Legislator, regarding the Croton Dam flashboards.  Dan Salzberg stated that this was an interim report, that the DEC has no power to tell NY City how to manage their dams.  Dr. Salzberg added that he has contact the watershed engineer who told him that Croton Lake is a storage facility only; that flashboards along the whole length would increase storage capacity, but the runoff would be the same; the flashboards were taken down to prevent further corrosion of the bridge, this has been corrected and the flashboards can now be put up again.
A letter from Paul McDonald, President, Commuter Cleaners, asking for a list of commuters who have permits to use the parking lots at the train station.  Mr. McDonald stated that he would like to send promotional material to these people.   Village Manager Herbek stated that he would send a letter to Mr. McDonald saying that this is not appropriate and the Village will not supply the list, nor should he put flyers on parked autos.
A letter from John P. Henry, Labor Relations Consultant, demanding that the Village recognize Local 456, I.B.T. as the sole and exclusive bargaining agent in negotiations for the 6/1/99 contract for all employees employed by the Village in certain titles on the list attached.
A letter from Joseph O’Malley, NYS DOT, advising that all necessary work has been completed on the Rts.9/9A Bridge over Croton River and assuming that, unless he hears otherwise, the Village will accept responsibility for the walkway.  Village Manager Herbek stated that the walkway is being used frequently; the Village will assume maintenance of lights, snow removal and other maintenance costs.  He added that the Village would have to assume these costs in future budgets.

CITIZEN PARTICIPATION:
Karen Jescavage-Bernard stated that she applied for public access to records and is still having trouble getting the information in a timely manner.  Village Manager Herbek replied that the Village policy clearly conforms to the Freedom of Information Act and it was agreed that Ms. Jescavage-Bernard can look at the requested file, flag the information needed and, as soon as possible, a staff member will make a copy.  Trustee McCarthy suggested that faxing the request would give the staff time to get the information put together.

Lou Montana stated that he read an article in a local paper about an employee of New York City DEP being fired because he was about to blow the whistle about security of the water supply.  Mr. Montana asked when was the last time Croton has looked at security of Village water supply.  Village Manager Herbek replied that the Village has had aquifer protection law since the mid-1980s; some of the items in this law have not been enacted because of the cost involved; he added that there is in and out presence at the well fields 24 hours a day.

Mr. Montana also stated that at the top of North Highland Place, the barrier was put up, but in July the wooden portion was broken and it is now in a worse state of disrepair than in July; the chain is down more than up and this road has become a thoroughfare.  Mr. Montana suggested there might be the potential for a lawsuit and urged a penalty for vandalizing the barrier or removal of the barrier.   Village Manager Herbek responded that he has gone to another firm and reordered a new gate about a week ago; there are internal problems with the company that installed the original gate.  Mr. Herbek added that Village staff has been at this site to repair the gate about 15 or 20 times.  Trustee Watkins added that the Village should do something to keep this from happening; that residents should not have to come back repeatedly to ask for help.  Mr. Montana added that he thinks the key should not be given out.  Village Manager Herbek replied that the key was given only to the DPW and they would send someone out to unlock the gate.  Trustee McCarthy suggested that this location should be checked once a day and someone should be put in charge of rectifying any problems.

John Giglio asked where the property is located that is on the agenda tonight for exemption.  Village Manager Herbek replied that it is adjacent to the Arboretum; this property was put on tax lien sale and acquired by the Town; the Village requested the property be donated to the Village as part of the Arboretum property.

Mark Franzoso asked why the Village is going ahead with approval of the window replacement project and he suggests the Village should get another opinion and research this more thoroughly.  Mayor Elliott replied that the engineers were brought back and anyone interested was welcome to attend.  Village Manager Herbek added that he heard again from Jim Rhodes and Roger Pellaton who did not recommend a vinyl window.  He stated that they felt the window would have problems with expansion.  Mr. Franzoso added that no one on the Board has seen the actual window that will be installed and that a 10-year warranty is not as good as a lifetime warranty and he feels the choice is not the best one for the Village.  Village Treasurer Reardon added that he contacted one of the establishments where virtually the same windows were installed about four years ago and they were satisfied with the work and the windows.

Joe Streany complained about an offensive odor at the bottom of High Street.  Mayor Elliott replied that Ken Kraft has addressed this and has found an enzyme that is added to the forced main to eliminate odor. Mr. Streany replied that he is convinced that this is a venting problem.  Trustee McCarthy stated that Village employees should look at this with outside people for a solution to resolve this problem.

Joe Streany inquired if any off-site air quality monitoring is being done in relation to Metro Enviro, especially for dust.  Mayor Elliott replied that nothing specific regarding off-site air quality control is in place, but the community can be asked for their thoughts about this.

RESOLUTIONS:
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 by unanimous vote.

WHEREAS, the Village of Croton on Hudson has acquired the former Mann property located in the Village designated as 67.12-1-5 (Old Post Road), and

WHEREAS, the property has had its outstanding liens with the Town of Cortlandt cancelled by Town Board action, and

WHEREAS, the property must now revert to the tax-exempt section of the tax roll known as Roll Section 8,

NOW, THEREFORE, BE IT RESOLVED THAT the Village Board of the Village of Croton on Hudson authorizes the Village Assessor to place the said properties on the exempt roll.


b)      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 by unanimous approval.

WHEREAS, the Village’s approval of the Westwind’s subdivision provided for Lot 35 to be donated to the Village for affordable housing purposes; and

WHEREAS, it was ultimately decided by the Village to have two ownership affordable housing units constructed on Lot 35; and

WHEREAS, the Village has been working with the Croton Housing Network and WB Croton, LLC on the development of such housing on Lot 35 and the Village has entered into an agreement with the Croton Housing Network and WB Croton, LLC to have WB Croton, LLC build such housing at cost with the Croton Housing Network responsible for marketing and sale of such housing; and with payment to WB Croton, LLC being made at the closing of the sales of the two properties out of the proceeds of their respective sales; and

WHEREAS, it is necessary for the Village and WB Croton LLC to enter into an agreement to formalize and allow the construction work to take place on land owned currently owned by the Village namely Lot 35; and

WHEREAS, the Westchester County Health Department requires an application for this Realty Subdivision as part of Westchester County Health Department procedures;

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the AIA Documents A101 Standard Form of Agreement Between the Village and WB Croton LLC; and with provisions that state that WB Croton, LLC is to be paid out of the sale proceeds of the respective parcels at the time of their sales; and

BE IT FURTHER RESOLVED: that the Village Board authorizes the Village    Manager to execute and deliver to the Westchester County Department of Health an application for a permit for such Realty Subdivision and to execute and deliver any and all additional documents which may be appropriate or desirable in connection therewith; and

BE IT FURTHER RESOLVED: that the Village Manager is authorized to sign the subdivision plat of Lots 35A and 35B, Baltic Estates, Scenic Drive West, Village of Croton-on-Hudson, Town of Cortlandt, Westchester County, NY dated November 20, 1998.


c)      On motion of TRUSTEE Watkins, seconded by TRUSTEE Daubney, the  
following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York

WHEREAS, the Village Board has been working for some time on proposed new zoning provisions intended to facilitate the development of property along the Hudson River waterfront; and

WHEREAS, the proposed new zoning provisions are to be incorporated in the Village Zoning Law by Local Law as a separate article to be known as Waterfront Development District; and

WHEREAS, the Waterfront Development District Law is consistent with the overall intent of the Village’s Master Plan, the Local Waterfront Revitalization Program and the Village’s Greenway Vision Plan; and

WHEREAS, this law will enhance the utilization of the Village’s riverfront, strengthen the physical integrity of the Hudson River waterfront and the economic viability of the Village and encourage the development of larger tracts of land as single, unified and comprehensive projects; and

WHEREAS, in accordance with the requirements of the State Environmental Quality Review Law, the Village Board must make a determination as to the Environmental Impact of this proposed action; and

WHEREAS, in accordance with 6 NYCRR, Part 617.6, the Village Board is the only Agency required to approve the proposed action; and

WHEREAS, a Full Environmental Assessment Form is in the process of being prepared;

NOW THEREFORE BE IT RESOLVED:

That a public hearing is hereby called for February 1, 1999 at 8:00 PM in the Meeting Room of the Municipal Building to consider Local Law Introductory Number 10 of 1998 to adopt a Waterfront Development (WD) District.
That this proposed Local Law is hereby referred to the Westchester County Planning Board in accordance with the provisions of New York State General Municipal Law and the Westchester County Administrative Code.
That the Board of Trustees does hereby declare itself to be the Lead Agency with respect to this matter.

d)      On motion of TRUSTEE Grant, seconded by TRUSTEE Watkins, the  
following resolution was adopted unanimously 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  was the low bidder meeting all of the specifications at
$216,982.00.  Two additional changes have also been approved, being. Snap-On grills at $3,840.00, and $3,916.00 for a heavy duty factory applied prime paint coat, all of which are 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 a ceiling of $5,000.00; 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:  Trustee Watkins asked for assurance that the 10-year warranty is specified.  Treasurer Reardon stated that he received prices from Industrial for 2 different minions, glue on or snap on and the snap on grill inside only is recommended.  A resident stated that he spoke at a work session about restoration and repair of the municipal building windows and agrees restoration in this case would not be practicable because storm sashes would be needed.


e)      On motion of TRUSTEE Daubney, seconded by TRUSTEE Watkins, the  
following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York:  

WHEREAS, on behalf of Richard Albert, the firm of Wormser, Kiely, Galef & Jacobs have prepared the deed of dedication for the River Landing Section II roadways along with a form TP-584 and form EA-5217 for recording and

WHEREAS, all of the construction work on the River Landing Section II roadways has been completed in a satisfactory manner and inspected by Director of Public Works Ken Kraft and Village Engineer Kary Ioannou

NOW THEREFORE BE IT RESOLVED: that the Village of Croton-on-Hudson accepts the dedication of Birch Court, O’Reilly Place and Upper North Highland Place as shown on a certain map entitled “Subdivision Map Section II River Landing Prepared for Richard Albert” made by Charles Riley on September 13, 1990 and last revised September 3, 1991 and filed in the office of the Clerk of the County of Westchester on July 11, 1996 as filed map no. 25755, said improvements being all inclusive of sanitary sewers, water mains, storm drains, street lights and related appurtenances and

BE IT FURTHER RESOLVED: that the Village Manager proceed with the filing of the deeds in the Westchester County Office of Land Records.


f)      On motion of TRUSTEE Daubney, seconded by TRUSTEE Grant, the  
following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:  

WHEREAS, the NYCOM Annual Legislative Meeting is being held on
February 28 through March 1, 1999; and

WHEREAS, the first meeting of March had been scheduled for March 1, 1999;

NOW THEREFORE BE IT RESOLVED: that the meetings for March 1999, be hereby rescheduled for March 8 and March 22, 1999.


g)      On motion of TRUSTEE McCarthy, seconded by TRUSTEE Daubney, the  
following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York by unanimous vote.

WHEREAS, in the process of making a water tap for a new home under construction on Arlington Avenue, the Village Water Foreman made two attempts to drill into the main for the house service; and

WHEREAS, both times the main split, not at the tap, but in the vicinity of the tap; and

WHEREAS, the Village Engineer was called to the job site and with the Water Foreman discovered a long longitudinal split in the main which is indicative of an inferior main and they have determined that the entire 650 linear feet along Arlington Avenue should be replaced to include four new valves; and

WHEREAS, this condition has created a public emergency affecting public property which cannot await competitive bidding; and

WHEREAS, the Village Engineer has estimated that this emergency project will cost in the vicinity of $60,000;


NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to obtain written quotations from several contractors who are qualified and capable of doing this job and to proceed with this emergency project as soon as possible; and

BE IT FURTHER RESOLVED THAT: the Village Treasurer is hereby authorized to utilize surplus funds in the Water Fund for this work.



Discussion:  Trustee Grant asked where the additional funds will be coming from.  Village Manager Herbek replied that it will come from the fund balance in the Water Fund Account.

REPORTS:

Treasurer Reardon reported that the Village has now received a Triple A rating for bonds.

Trustee Daubney stated that the Police Dept. defibrillator is working.  He reported that the High School varsity basketball team finished with a record of 7-0.

Mayor Elliott thanked the members of the Centennial committee for the program the recently presented, and especially the work done by Mary Zimmermann and Artie Neff.


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

The meeting was adjourned at 12 A.M.


Respectfully submitted,



Phyllis A. Bradbury
Secretary



Village Clerk/Acting Clerk