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April 5 1999
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, April 5, 1999 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 continued this meeting after conducting the Annual Organizational Meeting.


2. APPROVAL OF MINUTES:

Trustee Daubney made a motion to approve the minutes of the Regular Board Meeting held on March 22, 1998 as corrected.  Trustee Watkins seconded the motion.  Vote was taken with Trustees Watkins, McCarthy, Daubney and Mayor Elliott voting “aye”, Trustee Grant 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                            $   21,148.03
                Water Fund           262.11                     
                Capital Accounts        17,276.60
                Trust & Agency    6,062.64                                                           
                                                 $  44,749.38


PUBLIC HEARING:
The Public Hearing for Hudson National Golf Course Amended Special Permit application was adjourned to the next Regular Board Meeting at the request of Hudson National’s attorney who was unable to be present.



5.    CORRESPONDENCE:

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

A resolution from the Villages of Tarrytown and Dobbs Ferry regarding NY State Equalization Rates.  Village Manager Herbek will draft a resolution for next meeting.
A letter from Wayne H. Spector, Sweeney, Cohn, Stahl & Vaccaro, Attorneys for Andrew and Carole Kagan, 9 Hixson Road, regarding use of a pedestrian easement abutting their property line for a connecting access to the trail.  Mr. & Mrs. Kagan and Mark Franzoso, interested parties, as well as Ann Gallelli and Jan Wines were present at the meeting.  Mr. Franzoso questioned the definition of a pedestrian easement, stating that it was his understanding that it was to be used for walking purposes, no context where signage, development is included; he noted that a steep slope would have to be developed and questioned if this development is really necessary.  Mr. Kagan stated that he has spoken with Jan Wines and others on the committee, but he has had no previous notice about any development; he asked if any alternatives have been explored.  Trustee Grant asked what the understanding was when the properties were purchased by Mr. Kagan and Mr. Franzoso.  Mr. Kagan replied that the surveys showed a “proposed easement”.  Mr. Franzoso replied that he was aware of the easement, but was told that the Village owned the property and that it would not be developed except for occasional pedestrians, which he said, was fine.  Mr. Franzoso added that the cul-de-sac contains just driveways and there are no parking spaces in the cul-de-sac.  Ms. Kagan added that she has concerns about the safety of the very young children that reside in the cul-de-sac homes if this easement is developed.  Jan Wines stated that this area will be a trail connection to the Arboretum, not an entrance, which already exists.  He added that they may or may not need the steps, the record of the trail system is that it is safe.  Mayor Elliott agreed with the safety; stating that a study was done on incidents on NYS trails and the only recorded problem was with snowmobiles upstate.  He asked Mr. & Mrs. Kagan and Mr. Franzoso to sit down with Jan Wines to discuss this further.  A trail map was brought in to further clarify the area that was being discussed.  Trustee Watkins stated that the Village does not want to overburden property owners, adding that he hopes they will work with each other to work out an amiable solution.  Mr. Kagan agreed to sit down and have a conversation with Jan Wines and his committee.
A letter from Joyce M. Lannert, Westchester Co. Dept. of Planning, regarding establishment of Lead Agency for Metro-North Harmon Yard Sewer and Gas Connection.  Trustee Daubney made a motion to sign the response form.  Trustee Grant seconded the motion; all voted '‘aye".
A letter from Jim Hogan, Westchester Co. Dept. of Environmental Facilities, informing of the County Compost Bid Sale Day on Saturday April 17th, and the four Household Chemical Clean-Up Days for June, October and November.

5.      CITIZEN PARTICIPATION:
Andy Mayti presented Mayor Elliott with a flag, courtesy of the Central Veterans’ Committee for Village flag replacement.

6.      RESOLUTIONS:
Trustee McCarthy made a motion to adopt the following resolution.  The motion was seconded by Trustee Daubney, approved unanimously.

Whereas, the Veterans of Foreign Wars and the Croton American Legion on February 20, 1956 petitioned the Village to have the five block intersection of Old Post Road South, Cleveland Drive and Radnor Avenue named as Veterans Corners, and

Whereas, this proposal was recently again brought back to the attention of the Village Board by Andrew Mayti, a veteran and long-time member of the Croton community, and

Whereas, this area of the Village is the location of the Village’s memorial plot which honors the Village’s servicemen and women who die in battle in the wars of our nation and,

Whereas, the Board of Trustees is in favor of this proposal and desires to take action at this point in time to pay their respects to the Village servicemen and women who have died in battle fighting our nation’s wars.

Now, Therefore Be it Resolved: that the Board of Trustees hereby formally and officially names the five intersection area of Old Post Road south, Cleveland Drive and Radnor Avenue as “Veterans Corners” and

Be It Further Resolved: that the Village Manager is hereby authorized to work with the members of the American Legion, the Veterans of Foreign Wars and the Central Veterans Committee to erect a suitable and appropriate sign or monument to commemorate the naming of this area as “Veterans Corners” in recognition of the Veterans who have been killed in the line of duty.

b.      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 with unanimous vote:  
 
BE IT RESOLVED:         that a public hearing is hereby called on Local Law Introductory #3 of 1999, to amend Section 69-2 of theVillage Code with respect to the operation of helicopters and other aircraft, for 8:00 p.m. Monday, April 19, 1999.

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

WHEREAS, the Village of Croton-on-Hudson has leased a certain portion of NYS DOT property in the vicinity of the Upper Parking Lot area where there are currently parking meters installed, and

WHEREAS, the Village has leased this property from the State for over 25 years to allow for increased parking for the Croton Harmon Station Parking area, and

WHEREAS, the NYSDOT has increased the fee for the lease of this land from $175.00 to $200.00 as of April 1, 1999,

NOW THEREFORE BE IT RESOLVED: that the Board of Trustees hereby agrees to the fee increase from $175.00 to $200.00 per month effective April 1, 1999 for permit # 81034 to allow the use by the Village of state-owned property at the northeast corner of the Croton Harmon Station Parking Lot

        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 Watkins, Daubney, Grant, Mayor Elliott: “aye”; Trustee McCarthy: “abstain”.  

WHEREAS, on February 16, 1999 Nancy Kennedy of Perry Kennedy Realty requested a special use permit to enlarge her present office space located at 208 Grand Street, Section 43, Block 208, Lot 32 which is located in an RB District, and

WHEREAS, in accordance with the provisions of the Village Zoning Code and the Westchester County Administrative Code, this application was referred to the Village Planning Board and the Westchester County Planning Board respectively, and

WHEREAS, the Village Planning Board has provided a recommendation dated March 25, 1999, copy attached, and

WHEREAS, the Westchester County Planning Board has indicated that this is a matter for local determination,

NOW THEREFORE BE IT RESOLVED: that a public hearing is hereby called for Monday, May 3rd at 8:00 PM in the Meeting Room at the Municipal Building to consider the granting of this special use permit.

        e.      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 unanimous vote:  

WHEREAS, the Village Board of Trustees is giving consideration to the construction of approximately 1950 linear feet of twelve inch diameter cement lined ductile iron water main within the NYS Route 9A between Arrow Crest Drive (to the north) and Scenic Ridge Drive (to the south), and

WHEREAS, the primary purpose of the proposed extension is to provide municipal water service to single –family residences in two existing developments known as “Scenic Ridge” (condominiums) and “Baltic Estates” (single-family homes, and

WHEREAS, these residences are currently serviced by the Town of Cortlandt Consolidated Water District as out-of-District customers, and

WHEREAS, in accordance with the requirements of the State Environmental Quality Review Law, the establishment of Lead Agency is the first step required with respect to the environmental process, and

WHEREAS, a Full Environmental Assessment Form has been prepared by Kellard Engineering & Consulting, P.C. and signed by the Village Manager with respect to this action, and

WHEREAS, a Lead Agency designation form has been submitted to the NYS Department of Transportation and the Westchester County Department of Health and neither agency desires to be the lead agency with respect to this matter,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby declares itself to be the Lead Agency with respect to this matter, and

BE IT FURTHER RESOLVED: that the Board of Trustees does hereby determine, based upon the Environmental Assessment Form submitted to and reviewed by the Board, that this is an unlisted action, and

BE IT FURTHER RESOLVED: that based upon the Environmental Assessment Form, the Village Board of the Village of Croton-on-Hudson does hereby adopt the attached NEGATIVE DECLARATION with respect to this matter.

        f.      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 by unanimous vote:

WHEREAS, the Village Treasurer of the Village of Croton-on-Hudson has determined the need for budget modifications in the following accounts in the 1998-99 General Fund appropriations; and

WHEREAS, the departments affected have discussed the transfers with the Treasurer and having reviewed the budget request the following budget transfers:

Increase   5183.110  by      $   70,000.00      ( Part Time DPW )
Decrease  5110.110  by      $   70,000.00      (Part Time DPW )
Increase   8120.400  by      $      7,200.00     ( Contractual  )
Decrease  5142.400  by      $      7,200.00     (Contractual )
Increase   8560.400  by      $      3,000.00     ( Contractual  )
Decrease  5142.400  by      $      3,000.00     (Contractual )
Increase   9730.700  by      $      9,926.00     ( B.A.N. Interest  )
Decrease  9015.800  by      $      9,926.00     ( Police Retirement )
Increase   9950.900  by      $     22,970.00     ( Transfer to Capital  )
Decrease  1990.400  by      $     22,970.00     ( Contingent Account )
Balance $ 2,432.00


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

        g.      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 with unanimous vote:  

WHEREAS, the Village of Croton-on-Hudson was deeded Lot 35 of the Westwinds subdivision for future development of up to two affordable housing units, and

WHEREAS, the Village signed an agreement on April 8, 1998 with WB Croton,  LLC and the Croton Housing Network, Inc., wherein WB Croton, LLC agreed to assist the Village and the Croton Housing Network, Inc., with the construction of the two affordable homes on this lot to assure that the homes were built of a similar style and quality as the homes built throughout the Westwind subdivision, and

WHEREAS, the two housing units are near completion in construction and the Croton Housing Network has selected the individuals to purchase these properties, and

WHEREAS, four contracts of sale have been prepared by Norman Sheer, of the law firm of Bank, Sheer, Servino & Seymour, between the Village and WB Croton, LLC, to convey the properties from the Village of Croton-on-Hudson to WB Croton, LLC who will in turn convey the properties to the individuals selected by the Croton Housing Network to purchase these properties

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the contracts of sale to accomplish these property transfers attached hereto, and

BE IT FURTHER RESOLVED: that the Village Manager is hereby authorized to sign the deeds of conveyance effective at the time specified in paragraph 15 of the contracts of sale.

        h.      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 with the following vote: Trustees Watkins, McCarthy, Daubney, Mayor Elliott “aye”; Trustee Grant “nay”.  

WHEREAS, New York State law mandates that each town, city or village in which dog licenses are issued shall establish and maintain a pound for dogs or in lieu of establishing and maintaining such a pound the town, city or village may contract for pound and shelter services with any other municipality or with an incorporated humane society, and

WHEREAS, over the years the Village of Croton-on-Hudson has entered into an agreement with the SPCA of Westchester Inc., to provide such services to the Village on an annual basis, and

WHEREAS, it is now necessary for the Village to enter into an agreement for the next fiscal year commencing June 1, 1999,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the agreement with the SPCA of Westchester, Inc., to provide certain services to the Village for seized, stray and homeless dogs and cats in accordance with the terms of the agreement at an annual cost of $4,605.00.

REPORTS:

Village Manager Herbek reported that the Crossining Event, linking Ossining and the Croton on Hudson with our pedestrian and bicycle path is planned for April 18th at 2 P.M.; people will gather at the beginning of the trail on the Croton side at 1:45 P.M. for the official opening ceremony and proceed to walk across the bicycle/pedestrian path to the Town of Ossining; there will be a parade; the procession will then go to the Cambridge House, Ossining; transportation will be available for those who do not wish to walk the entire route.

Village Treasurer Reardon reported that he provided the Board with his first transfer report which was put in their mailboxes.

Trustee Watkins reported that there were three informative budget work sessions going over the Recreation Dept, DPW and Fire Dept. budgets.  A Public Hearing is scheduled for April 12th at 8 P.M.  Trustee Watkins thanked Village Manager Herbek for following through on his request for a clean up of Rt. 9.

Trustee McCarthy reported that the NY Sports Club sign has reappeared on the exit of Croton Point Avenue; it should be removed again and should not come back again.

Trustee Daubney read a letter from Phyllis Conniger to the Recreation Department for lunch with the Easter Bunny.  Trustee Daubney stated also that the Lower Field drainage is being worked on now and seems to be working well, hopefully, it will withstand heavy rains.  Trustee Daubney asked what the status was of Napolitani’s selling automobiles and is he legally selling them.  Village Manager Herbek replied that this has been referred to the Planning Board; that the property is in a C-1 zone and he can sell through the issuance of a Special Permit; the Village is investigating the provision in the zoning law with respect to this; it is on the Planning Board list of things to be done.  Trustee Daubney added that he received mail about dogs in Vassallo Park; this is a quality of life issue; he added that residents should have pride in the community, take care of their parks and be law abiding citizens.

Trustee Grant asked about the parking issue in Harmon and decide if it is legal to park in certain places or not; need to take a hard look. Ms. Grant asked what would happen if  commuters or residents park where they should not be.  Village Manager Herbek replied that they were careful when they set the parking regulations in Harmon and have set 30 minute and one hour parking limits.  Riverside Café property owner has been cited and fined and will continue to be with increasing fines.  Trustee Grant added that other overflow situations are occurring and need to be addressed.  Trustee McCarthy added that allowing expansion of non-conforming uses is not good policy.  Trustee Grant replied that people should not be allowed to expand illegally.

Trustee Grant reported that the DARE graduation ceremony was very moving and that Sgt. Mulleavey is to be congratulated.

Trustee McCarthy made a motion to adjourn to Executive Session on Saturday morning, 9 A.M. to discuss personnel issues.  Trustee Grant seconded the motion; approved unanimously.

The meeting was adjourned at 10:15 P.M.

Respectfully submitted,


Phyllis A. Bradbury, Secretary


___________________________
Village Clerk