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May 3 1999

VILLAGE OF CROTON-ON-HUDSON, NEW YORK

VILLAGE BOARD MEETING MINUTES - MONDAY, MAY 3, 1999

A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, May 3, 1999 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 8:00 PM.  Everyone joined in the Pledge of Allegiance.


2.  APPROVAL OF MINUTES:

Trustee Grant made a motion to approve the minutes of the Public Hearing held on April 12, 1999 as corrected.  Trustee Daubney seconded the motion and the Board voted unanimously for approval.   Trustee Grant made a motion to approve the minutes of the Regular Board Meeting held on April 19, 1999 as corrected.  Trustee Watkins seconded the motion.  The minutes were approved with Trustees Grant, Daubney and Watkins voting "aye".  Trustee McCarthy abstained. Trustee Grant made a motion to approve the minutes of the Special Meeting held on April 26, 1999.  Trustee Daubney seconded the motion and the Board voted unanimously for approval.

3.  APPROVAL OF VOUCHERS:

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

        General Fund            $ 26,950.74
        Water Fund                   1,616.55
        Capital Accounts             1,247.71
        Trust & Agency       1,614.76
                                $  31,429.76
4.  PUBLIC HEARINGS:

a.  Proposed 2000-02 Community Development Block Grant Applications

Manager Herbek explained the nature of the Proposed 2000-02 Community Development Block Grant applications and advised that notice of the Public Hearing had been published in the "Gazette", the village's official newspaper, on April 26, 1999.  He discussed the proposed applications which include Upper Village Commercial Area Enhancements, Harrison Street and Park Improvements, SEPRIEO Site Cleanup Phase II, Cleveland Drive Improvements and Senior Citizens Mini-bus in detail and explained how the federal grants which are administered by the County Planning Department have  helped the village with previous projects.   

Mayor Elliott opened the public hearing for comments.

Comments:

Ed Mills, advised that notice of the Public Hearing was also published in the Gannett Newspaper on April 26, 1999, posted to the village's internet site on April 29, 1999 and added to the Croton Municipal Government cable TV channel on April 28, 1999.  He stated that he felt they were all very good projects and will benefit the community in a big way.

Since no further comments were forthcoming, Mayor Elliott closed the public hearing.

Dr. Daniel Salzberg questioned the meaning of CLC Foundation and Manager Herbek explained that it meant Community Living Foundation.  He explained that the village has been involved with the CLC for one year, with the CLC Rangers doing a variety of projects in the village such as litter cleanup, painting and beautification projects.  The cost to the village this year for the CLC Rangers program is $5,000. and for that we get one day a week when the Rangers undertake projects for us.   He introduced Ann McDonald and Howard Kohl of the CLC Foundation.

Ann McDonald, Executive Director of the CLC Foundation which is the fund raising, public relations and community projects arm of the agency explained that they are applying for a grant from the County because they want to expand their project with the Rangers.  Croton is one-fifth stockholder in this project, as the Rangers also clean in Tarrytown, Ossining, Chappaqua and Briarcliff.  She explained that they are applying for a 3-year grant for the years 2000-02 from the county.

Howard Kohl, Director of Vocational Services, explained the program in which a crew of 4 developmentally disabled adults and 1 trainer work along with the local DPWs in beautifying the towns.  It helps in employing disabled persons and also provides a helpful service to the local DPWs.  The funding is being applied for to increase the program to 2 days a week in each town.

Mayor Elliott thanked them for a truly wonderful program and said he would add a resolution to support this program.
RESOLUTIONS:

1.      Resolution Endorsing the CDBG Application for the Harrison Street Neighborhood  and Park Improvement Project

        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.

Resolution Endorsing the CDBG Application for the Harrison Street Neighborhood and Park Improvement Project

Whereas, the Village of Croton-on-Hudson is seeking Community Development Block Grant (CDBG) funding for the Harrison Street Neighborhood and Park area improvements; and

Whereas, said improvements involve concrete curbing, sidewalk rehabilitation, various streetscape enhancements, playground equipment, and Harrison Street Park area ADA-access improvements; and

Whereas, the total project cost is estimated at $248,782; and

Whereas, the Village pledges a $62,194  local share with a grant request of $186,588; and

Now, therefore, be it resolved, that the Village Board of Trustees hereby endorses this Community Development Block Grant application being submitted for the FY 2000-2002 Funding Cycle.

**********
Discussion:  Trustee McCarthy questioned if the cost was high enough to meet the need.  Anna Lattanzi suggested we get the neighborhood’s input on the parking issue.



Resolution Declaring Waterfront Property (formerly known as "SEPRIEO") as       Blighted Area.

        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 unanimous vote.

RESOLUTION

VILLAGE OF CROTON-ON-HUDSON

WATERFRONT PROPERTY
(formerly known as “SEPRIEO”)
AS BLIGHTED AREA

WHEREAS, the Village of Croton-on-Hudson and the Beaverkill Conservancy, Inc. purchased a 30-acre waterfront site on the Hudson River (formerly known as “SEPRIEO”) to preserve it from private development and create recreation opportunities for the community; and

WHEREAS, the property, which is mostly undeveloped land, has had a history of being plagued with invasive vegetation and littered with abandoned cars, dilapidated buildings, and piles of debris, and;

WHEREAS, the visual quality of the area was deteriorated as a result of existing conditions; and
WHEREAS, the Village Board of Trustees declared the site on September 16, 1996 to be a slum and blighted area consistent with the definition as a “Substandard or Unsanitary Area”, which is interchangeable with blight, pursuant to General Municipal Law Article 15, Section 502(4); and

WHEREAS, the Village in 1998 was able to clean up only part of the area using past Community Development Block Grant funds, and

WHEREAS, the Village seeks to eliminate the blighted area that still remains at the site;

NOW THEREFORE BE IT RESOLVED,  that the Village Board of Trustees considers the waterfront property to be a serious threat to public safety and the economic soundness of the community in its present state, and

BE IT FURTHER RESOLVED, that the Village declares the waterfront parcel on the Hudson River to be a blighted area, and is desirous to correct such blighted, substandard and deteriorated conditions by undertaking public improvement projects at the site.

        Resolution Endorsing the CDBG Application for the SEPRIEO Site Clean-up Project,        Phase II.

        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 unanimous vote.

Resolution Endorsing the CDBG Application for the SEPRIEO Site Clean-up Project, Phase II

Whereas, the Village of Croton-on-Hudson is seeking Community Development Block Grant (CDBG) funding from Westchester County to clean up the blighted area on the waterfront, formerly known as the SEPRIEO property; and

Whereas, the Village in 1998 was able to clean-up the southern section of this waterfront property (formerly known as SEPRIEO) utilizing a combination of Village funds and a previously-awarded Community Development Block Grant; and

Whereas, the second phase of the clean-up to eliminate existing blight in the northern part of this property (which is owned by Beaverkill Conservancy, Inc. and managed by the Village of Croton-on-Hudson under an agreement dated January 5, 1996) is estimated to cost $141,216; and

Whereas, the Village pledges a $35,304 local share with a grant request of $105,912; and

Now, therefore, be it resolved, that the Village Board of Trustees hereby endorses this Community Development Block Grant application being submitted for the FY 2000-2002 Funding Cycle.

**********

3.      Resolution Declaring Cleveland Drive as Blighted Area.

        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 the following vote:

TRUSTEE Daubney:  AYE
TRUSTEE Grant:       AYE
TRUSTEE Watkins:   AYE
TRUSTEE McCarthy:   No

RESOLUTION

VILLAGE OF CROTON-ON-HUDSON
CLEVELAND DRIVE
AS
BLIGHTED  AREA

WHEREAS, the Village of Croton-on-Hudson (hereinafter referred to as the Village) is aware of the existing deteriorated road and infrastructure conditions on Cleveland Drive between Radnor Avenue and Whelan Avenue; and

WHEREAS, the visual quality of the area has been deteriorated as a result of existing conditions; and

WHEREAS, the Code Enforcement Officer of the Village of Croton-on-Hudson has conducted a site walk and concluded that the existing sidewalks in the area are in deteriorating and unsafe condition and should be replaced; and

WHEREAS, a Planning Study by Debra Lynne Bilow, Westchester County Department of Planning reveals that deteriorated conditions such as those on Cleveland Drive can have a blighting influence on a neighborhood; and

WHEREAS, the Office of the Village Engineer reports that the area is viewed as blighted because of problems associated with traffic flow, inadequate parking, and deteriorated and/or inadequate public services such as handicapped-accessible sidewalks, pedestrian crosswalks and bus stop landings/step pads;

NOW THEREFORE BE IT RESOLVED,  that the Cleveland Drive area between Radnor Avenue and Whelan Avenue in Croton-on-Hudson is hereby declared a blighted area consistent with the definition of Substandard or Unsanitary Area, which is interchangeable with blight, pursuant to General Municipal Law Article 15, Section 502(4); and

BE IT FURTHER RESOLVED, that the Village considers this area to be a serious and growing menace to the public safety and economic soundness of the community and is desirous to correct such blighted, substandard and deteriorated conditions by undertaking public improvement projects in the area.

**********

        Resolution Endorsing the CDBG Application for the Cleveland Drive Neighborhood  Improvement Project.

        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 the following vote:

TRUSTEE Daubney:  AYE
TRUSTEE Grant:       AYE
TRUSTEE Watkins:   AYE
TRUSTEE McCarthy:  No

Resolution Endorsing the CDBG Application for the Cleveland Drive Neighborhood Improvement Project

Whereas, the Village of Croton-on-Hudson is seeking Community Development Block Grant (CDBG) funding from Westchester County to clean-up the blighted area on Cleveland Drive; and

Whereas, the Village in 1999 declared this area by resolution to be a blighted area; and

Whereas, the cost to eliminate and remedy the existing blight in the area, which would entail extensive rehabilitation of the sidewalks as part of this CDBG improvement project, is estimated to cost $314,842; and

Whereas, the Village pledges a $157,421 local share with a grant request of $157,421; and

Now, therefore, be it resolved, that the Village Board of Trustees hereby endorses this Community Development Block Grant application being submitted for the FY 2000-2002 Funding Cycle.

**********

Discussion:  Trustee McCarthy wanted it made clear that she does not consider the Cleveland Drive area to be a blighted area, does not know the long-term affect of this designation, and therefore could not approve the two resolutions concerning Cleveland Drive.  It was pointed out that the emphasis this year for CDBG funding is on public transportation.  Cleveland Drive is on a public transportation route and this helped us on the application.  There was concern among the Trustees in the designation of Cleveland Drive as a blighted area.

Resolution Endorsing the CDBG Application for the Senior Citizens Mini-Bus Replacement Project.

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.

Resolution Endorsing the CDBG Application for the Senior Citizens Mini-Bus Replacement Project

Whereas, the Village of Croton-on-Hudson is seeking Community Development Block Grant (CDBG) funding from Westchester County to provide transportation assistance for its Senior Citizen population in order to attend Village-sponsored Senior programs and Croton Caring Committee activities; and

Whereas, the Village in 1991 purchased a mini-bus to achieve this objective utilizing a combination of Village funds and a previously-awarded Community Development Block Grant; and

Whereas, the Village Recreation Superintendent expressed concern in a recent memorandum to the Village Manager that “Providing the transportation services that we do, the seniors have been able to improve the quality of their lives.  Many of the seniors depend on us to provide these services…. Without the bus, it would be impossible for us to serve this population;” and

Whereas, the Village is seeking to replace this 1991 vehicle in a timely fashion in order to avoid any interruption in service to the various Senior Citizen programs that utilize this mini-bus; and

Whereas, the estimated cost to replace this 22-passenger vehicle in FY 2002,  is $78,000; and

Whereas, the Village pledges a $19,500  local share with a grant request of $58,500; and

Now, therefore, be it resolved, that the Village Board of Trustees hereby endorses this Community Development Block Grant application being submitted for the FY 2000-2002 Funding Cycle.

**********

5.      Resolution Endorsing the CDBG Application for the Upper Village Commercial Area         Enhancements Project.

        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.

Resolution Endorsing the CDBG Application for the Upper Village Commercial Area Enhancements Project

Whereas, the Village of Croton-on-Hudson is seeking Community Development Block Grant (CDBG) funding for the Upper Village Commercial Area; and

Whereas, said improvements may involve concrete curbing, sidewalk and brick buffer/band rehabilitation, and various streetscape enhancements; and

Whereas, the total project cost is estimated at  $64,130; and

Whereas, the Village pledges a  $16,033 local share with a grant request of
$48,097; and

Now, therefore, be it resolved, that the Village Board of Trustees hereby endorses this Community Development Block Grant application being submitted for the FY 2000-2002 Funding Cycle.

**********

Resolution endorsing the application by the Community Living Corporation for funding from the Westchester County Community Development Block Grant program.

On motion of MAYOR Elliott, 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.

Community Living Corporation

RESOLVED  The Village of Croton-on-Hudson Board of Trustees hereby supports the application submitted to the Westchester County Community Development Block Grant Program by the Community Living Corporation, 103 South Bedford Road #102, Mount Kisco, New York, 10549, for the program fiscal years 2000-2002; and be it further,

RESOLVED  That The Village of Croton-on-Hudson hereby commits to provide the local program match for this application in the amount of $5,000 per year for each year the Community Living Program is funded through the Community Development Block Grant Program.

**********

b.      Special Permit Application -- Perry Kennedy Real Estate -- for a two-story addition at 208 Grand Street.

Manager Herbek explained that the application was submitted February 16, 1999 by Nancy Kennedy.  In the letter, she is requesting a special use permit be granted by the Village Board to enlarge her present office space.  The proposal is for an addition to the building to create needed meeting space.  We referred the application to the County Planning Department who reviewed the matter and advised that this is a matter for local determination.  It was also referred to the Village Planning Board who recommends in favor of granting the Special Use Permit.  If the permit is granted, Ms. Kennedy will still need to receive variances from the Zoning Board of Appeals and a site plan approval from the Planning Board.

The legal notice was published in the "Gazette" and we have also notified the surrounding neighbors within 500 ft.

Mayor Elliott opened the public hearing for citizen comment.

Anna Lattanzi, 209 Grand Street, stated she has lived there for the past 26 years and for the past 4 years she has been an owner.  She submitted photographs which she had taken of the area to the board.  She stated that after doing extensive research on the property in question, she is astounded that this application not only received the necessary recommendation from the Planning Board, but that it was even submitted.  For every one question she posed, another question or problem arose.  The legal notice which was sent out does not define what special permit is being requested.  She stated her major concern this evening was to address the issue of how any additional expansion of 208 Grand St. would be both in violation of the current special use permit and directly affect the RB district in which it lies from a property value, quality of life issue and traffic flow standpoint.  Perry Kennedy Realty has been in non-compliance  of the special use permit since it was modified in April 1993.  She is requesting that a 30-day notice be issued that Perry Kennedy Realty operate under full compliance with all conditions and contingencies imposed by the Croton Board of Trustees in her special use permit which was granted in February 1988 and modified in April 1993.  She would also request that a special Board of Trustees meeting be scheduled so that all concerned residents may be updated on the status.

Ms. Lattanzi discussed the conditions under which Perry Kennedy Realty must operate to be in full compliance with the special use permit and discussed in detail the parking situation, number of employees permitted, and the fact that no major structural changes to the present building are permitted.  She stated there are a lot of hidden violations such as fire code violations.  She gave a brief overview of the history of the property and stated from what she can ascertain, there are still
gasoline tanks in the ground.  She requested certification on the tanks or that they be removed immediately.

She agreed that the improvements to the site made by Perry Kennedy Realty are a major improvement to the overall original building but said enough is enough.  She feels that if the agency has outgrown the site, they should find other quarters.  She stated she hoped that the current application before the board would be set aside so that all the issues can be properly addressed and so that before any decision is rendered, Perry Kennedy Realty has the opportunity to correct the current non-compliance issues.

Mary Margaret Monahan, 206 Grand St., stated that she thinks she represents all of the tenants in the building when she says that we oppose this expansion.  She also commented on the traffic problems in the area.  She was also concerned that they will lose additional light.

Marcella DiCioccio owner of the building directly behind Kennedy Realty and former owner of the Kennedy property said she thought her husband had been instructed to fill the tanks with sand at the time they owned the property.  They were led to believe they could not change the use of the gas station and that's why they sold the spot.  She is third generation Croton.  Her grandfather built those houses and the gas station and she inherited.  The thing she is concerned about is the structure has robbed them of light and she thinks an additional structure would rob them of more light.  She also expressed concern about parking and traffic.

Nancy Kennedy discussed the history of the property, the succession of owners and the uses of the property.  She also addressed situations which occur regarding parking and how they are handled.  She explained the situation regarding her on-site employees and how a real estate office works.  The firm employs two full-time employees.  Everyone else works as an independent contractor.  There are 9 independent contractors who come in and out on a  rotation of 4 people on and off a day and they average between 6-8 hrs. per week.   She stated she found it hard to believe she could have been granted a CO if she was in violation of the fire code and she explained the different exits from the building.  She said she assumed that the situation with the gas tanks had been satisfactorily resolved between the DiCioccio family and the Village Board because a special use permit was indeed granted.  Ms. Kennedy stressed the fact that she has improved the location and she would like to stay there and continue doing business there.  She simply needs more room.

William Griff, 213 Grand St., pointed out that this application is termed an application to enlarge a non-conforming use.   It really is an application to eliminate the special permit that is in existence now.   When this special permit was issued, one of the conditions was that it not be enlarged.  Ms. Kennedy took it with that condition; but despite that condition, it's been already doubled.  It's gone from a one-story to a two-story structure.  She has twice as much space now so there should be no reason for this application.  There are no facts set forth that would entitle this board to eliminate the conditions of the special use permit.  He doesn't think that this application should see the light of day.

John Giglio questioned the dimensions of the proposed building and stated if it comes out 2 ft. from the sidewalk, there will be more of an obstruction and a safety hazard for drivers to see at that corner.

There being no further citizens to be heard, Mayor Elliott closed the Public Hearing and requested discussion from the board members.

Trustee Grant commented that nobody denies that the Kennedy property is a nice looking building and that Nancy runs a very fine business in the village.  This is just to remind you that the very purpose of a public hearing is to have take place exactly what took place tonight.  It is to hear the concerns of the citizens, to follow up on them and to analyze and decide what is the right thing to do.  She feels this Board is on record as being concerned and interested in protecting the integrity of neighborhoods.  Neighbors’ concerns are very real to them and they do listen.

Trustee McCarthy stated that she felt compelled to say the reason why this is a special permit property is that there was an application made at one point or another to convert from one non-conforming use to another non-conforming use.  When Perry Kennedy Realty first came to the board seeking an amendment to the special permit, this is a non-conforming use.  You cannot enlarge or expand a non-conforming use.  This board entertained legislation to permit the expansion of a non-conforming use in this RB district in connection with retail and office.  At that time, she spoke very strongly against that because non-conforming uses should not be expanded.  She thinks what has happened here tonight is further reason why that legislation should not have been enacted.

Mayor Elliott stated some issues have been raised tonight that the board needs to do some research on and consult with the neighbors and the Kennedys.

Trustee Watkins requested Attorney Waldman address the issue of propriety in pursuing this issue.  Do we have the ability and is it properly before us?

Attorney Waldman explained that the legislation recently adopted does not permit an expansion per se but does empower the board to grant a permit for expansion and that is why you are sitting here tonight.  The application is properly phrased in terms of what the law requires.  Plans have been filed and he I doesn't think anybody is in doubt as to what is involved in the proposed expansion.  He doesn't see a legal deficiency.  He thinks it is squarely before you as a question of whether you think the special use permit permitting expansion of the existing non-conforming use is justified.  He wouldn’t say you're without legal power.  You have to make the decision but we have to articulate to some degree the reasons.

Trustee Watkins stated that if the board is going to have further discussion on this issue, he would not want to preclude anyone from submitting anything in writing to the Board.  Mayor Elliott agreed that although the public hearing is closed, anyone who wanted to say something or submit something in writing on this issue to the Board would certainly be allowed to.   He stated they will outline some of the issues and put it back on the agenda in the near future.

5.  CORRESPONDENCE:  

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

a.  A letter from Media One re: certain price changes.

b.  A letter from Andrew Matyi, Central Veterans Committee, re:  permission to hold Memorial Day parade.  Trustee Daubney made a motion to adopt a resolution granting permission for the Croton Veterans Committee to hold their annual Memorial Day Parade and services on Monday, May 31, 1999.  Trustee Grant seconded the motion with all voting "aye".

c.  A letter from Leonard N. Spano, County Clerk, re: identification cards for county residents.

d.  A letter from Jon Goplerud, Conservation Advisory Council, re: Earth Day 1999.

e.  A letter from Joyce Lannert, Commissioner, Dept. of Planning, re: School Districts and Educational Facilities map.

f.  A letter from the Croton Trails Committee re: pedestrian easement on Hixson Road.

6.  CITIZEN PARTICIPATION:

Dr. Daniel Salzberg emphasized that the Trails Committee is very concerned that they have a viable trail system.  He stated the easement was in existence before any building was done there. The final site plan approval, as well as the preliminary site plan approval, clearly show the pedestrian easement.  An easement on a development of this sort such as High Oaks is certainly not something that is unusual and High Oaks is suffering from the application of this principle.  There is not a single development in the Village of Croton in recent years that doesn't have similar easements.  There are very extensive easements that have applied to every single development, so this is being selectively suggested that it be enforced against High Oaks.  The easements should remain in effect in his opinion.

Trustee Daubney said he noticed the Trails Committee is going to put off physical action for a month from the day of the meeting.  He hopes that they will have an opportunity to discuss this with the property owners and reach an agreement first.

Karen Jescavage Bernard explained that she had attended the meeting with the homeowners and her question is what happens next.  The two sides are totally opposed.

Mayor Elliott replied that he would like to give the committee more opportunity to talk with the parties and see if they can't move the process along.

Dr. Salzberg questioned whether the board had received a letter from the lawyers for the homeowners.  It was extremely antagonistic and uncompromising.   The board acknowledged that they had received an initial letter.

Michael Kaplowitz, County Legislator, stated that he would support and push for the Community Development  Block Grants which the village is requesting.   He advised that an office for the aging branch is going to be located in downtown Yorktown.  It will be the only office for the aging branch outside of the main office in Mt. Vernon.  He also advised that the Public Hearing is set for next Monday to discuss and perhaps finally legislate on sewer tax removal for 354 Croton residents in the Ossining sewer district who do not have sewers.  He invited participation at the public hearing as well as written comments.  He discussed the criteria for removal and the process by which the properties were put on the list.  He confirmed that anyone who is not on the list and feels they should be should contact the Village Engineer, Kary Ioannou.

Dr. Salzberg urged the village board to consider passing a resolution that they are opposed to people not on sewers in the village of Croton-on-Hudson paying a sewer tax.

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 has over the last decade petitioned the County of Westchester to eliminate the nonsewered properties in the Village from the Ossining Sanitary Sewer District, and

WHEREAS, Westchester County has considered the elimination of 486 Village of Croton properties from the sewer district, and has removed all but 132 properties from the list. The County rules and guidelines require properties to remain in the District if they are within 500 feet of a Village sanitary sewer line, or are less than 40,000 square feet in size. Consequently these remaining properties could not be exempted from the district; and

WHEREAS, the Village believes that these rules are arbitrary and unfair to the  remaining 132 property owners, as these properties in all likelihood will never be publicly sewered,

NOW THEREFORE BE IT RESOLVED: that the Board of Trustees although pleased with the elimination of 354 nonsewered properties from the Ossining Sanitary Sewer District hereby expresses its displeasure with the rules in place which prevent the remaining 132 properties from being removed from the District, and

BE IT FURTHER RESOLVED: that the Board of Trustees hereby directs the Village Manager to send this resolution to both the County Executive and the Board of Legislators.

**********

7.  RESOLUTIONS:

a.      Calling Public Hearing on Local Law Introductory #4 of 1999, amending Section 69 of the Village Code with respect to the operations of helicopters.

        Trustee McCarthy stated she has some concerns and requested that it be put on the agenda for a work session.  On motion of Trustee Daubney, seconded by Trustee Grant, and approved unanimously, this resolution was taken off the agenda.


b.      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 with 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   1450.400  by      $        458.00     ( Contractual  )
Increase   1920.400  by      $        145.00     ( Contractual )
Increase   9045.800  by      $        602.00     ( Life Insurance )
Increase   9061.800  by      $     2,178.00     ( Dental Account )
Decrease  1910.400  by      $     3,383.00     (Insurance )
Increase   3120.400  by      $        500.00     ( Contractual )
Decrease  3121.220  by      $        500.00     ( Uniforms )
Increase   1640.460  by      $      1,500.00     ( Buildings )
Decrease  5142.400  by      $      1,500.00     ( Contractual )


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

* * * * * * * * * *
May 03, 1999
B-1

c.      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 with unanimous vote.  

WHEREAS, the Clearwater Revival is returning to Croton Point Park on Saturday, June 19th and Sunday, June 20th, and

WHEREAS, the Clearwater will be first and primarily using available parking at Croton Point Park for the Revival, and

WHEREAS, the Clearwater has requested the use of the entire parking area at the Croton Harmon Station Parking Lot for overflow parking at no cost to the Clearwater, and
WHEREAS, Clearwater will provide monitors at the lot to assist with parking at this location, and
WHEREAS, it is the intention of the Village Board to support this event which will have a positive impact on the economy of the Village,

NOW THEREFORE BE IT RESOLVED: that the Village Board hereby waives the daily parking charge for the use of the parking area at the Croton Harmon Station Parking facility for the Clearwater Revival on June 19 and 20, 1999 and authorizes the use of this area for parking purposes relating to the Clearwater Revival.
 
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d.      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.

Water Supply Agreement – Hudson National Golf Club, Inc.

AGREEMENT

This AGREEMENT made this _____ day of _________, 1999 by and between HUDSON NATIONAL GOLF CLUB, INC., having offices at 227 Prickly Pear Hill Road, Croton-on-Hudson, New York 10520, hereinafter referred to as "Hudson"; and THE VILLAGE OF CROTON-ON-HUDSON, a municipal corporation duly organized and existing under the laws of the State of New York, having its office at Municipal Building, One Van Wyck Street, Croton-on-Hudson, New York, hereinafter referred to as the "Village".
W I T N E S S E T H:
WHEREAS, Hudson is the owner of property located in the Village of Croton-on-Hudson, County of Westchester, State of New York, shown and designated on the tax map of the Village of Croton-on-Hudson as Sec. 67.12,Bl. l, L.13 and which property is developed as The Hudson National Golf Club (the "Hudson Property"); and
WHEREAS, the Village is the owner of the property located in the Village of Croton-on-Hudson, County of Westchester, State of New York, shown and designated on the tax map of the Village of Croton-on-Hudson as 67.12-1-13 (the "Arboretum Property") which property is adjacent to the Hudson Property, and which property is leased by the Village to the Jane E. Lytle Memorial Arboretum (the "Arboretum"); and
WHEREAS, Hudson has agreed to provide water to flow to the Arboretum Property from the Hudson Property; and
WHEREAS, The Village and Hudson desire to enter into certain agreements regarding water flowing to the Arboretum Property from the Hudson Property.
NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements herein contained, the parties have agreed and by these presents do agree as follows:
1.      Hudson shall provide water to flow to the Arboretum as provided in this Agreement.  Hudson has cleaned out or drilled and installed pumps in two groundwater wells located on the Hudson Property and has installed a pipe to carry water from the wells outletting into the stream leading into the Arboretum Property.  Hudson will be responsible, at its sole cost and expense, for maintaining the pumps in good operating condition which shall include inspecting the pumps on a regular basis to make sure they are operating.  Hudson will also be responsible, at Hudson's sole cost and expense, for providing the electricity to run the pumps.  In the event of pump failure, Hudson shall make all necessary repairs within two weeks after acquiring knowledge of the failure.  In the event of failure of other elements of the water delivery system, Hudson shall exercise its best efforts to make all necessary repairs within two weeks after acquiring knowledge of the failure.
2.      A flow measurement device has been placed in a v-notched weir on the Hudson Property within the stream leading to the Arboretum Property.  A meter is in place in a meter pit that receives the combined flow from the groundwater wells.  Hudson shall maintain both the flow measurement device and the meter in good working condition so that both devices shall be operable at all times.  Hudson shall be required to provide a minimum flow of 32 gallons per minute (gpm) into the stream as measured by the flow measurement device.  The flow measurement device shall at all times be positioned to accurately measure the flow.  The Village Board shall designate those individuals who will be responsible for monitoring the measurement shown on the flow measurement device and they are authorized to enter upon the Hudson Property for that purpose.
3.      The wells, together with other existing discharges to the stream, shall be the initial and primary source of the water Hudson is to supply.  If flows from the wells combined with other existing discharges to the stream should fall below 32 gpm, Hudson, at its own expense, shall augment the supply from the irrigation pond through the use of the water feed mechanism extending from the float in the irrigation pond as shown on the approved site plans for the Hudson Property, or from the Village water supply, so that the flow reaches 32 gpm.  The location of the water feed mechanism and the protocol for water quality testing prior to use will be specified by the Village's Water Quality Monitoring consultant.  Designated representatives of the Village are authorized to enter upon the Hudson Property to monitor the supplemental delivery system.
4.      Hudson shall not be liable for any flooding in the Arboretum Property which may result from too much water flowing into the Arboretum Property or any damage resulting from such flooding as a result of the operation of the water delivery system provided for in this Agreement, unless such flooding is caused by failure of the irrigation pond dam or the gross negligence of Hudson.
5.      Hudson shall not direct contaminated water, as defined in the Environmental Management Plan, to be discharged into the Arboretum Property.  Should sampling reveal any contamination as defined in the EMP, the protocols set forth in the EMP shall be followed.
6.      Should Hudson fail to fulfill its obligations under this Agreement, the Village shall send to Hudson by registered mail, a statement describing the particular respect or respects in which Hudson has failed to fulfill its obligations.  Hudson shall, within 48 hours of its receipt of said registered letter, undertake the necessary measures to remedy the failure in its obligations identified in the registered letter.  In the event Hudson fails to do so, it shall be liable for damages suffered by the Arboretum Property and the Village shall also be entitled to seek injunctive relief and/or specific performance.
7.      Hudson's obligations pursuant to this Agreement shall cease should the Arboretum Property no longer be utilized as a public Arboretum or educational facility.
8.      This Agreement shall represent all agreements and oral understandings between the parties with respect to water supply to the Arboretum Property.  This Agreement may be amended only by an instrument in writing executed by the parties hereto.
9.      The Arboretum shall not be deemed a third party beneficiary under this Agreement.  The Village may, but need not, assign to the Arboretum any claims or causes of action against Hudson arising out of this Agreement.
10.     Notices shall be sent by either party to the other party at the address set forth in the opening paragraph of this Agreement, unless written notice of change of address is sent to the other party by registered mail.
11.     The provisions hereof shall be binding upon and inure to the benefit of and shall be enforceable by the parties hereto, their respective legal representatives, successors and assigns.
IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and year first above written.
        
        HUDSON NATIONAL GOLF CLUB, INC.


        By:____________________________
           Jack Doyle, Chairman

        
        VILLAGE OF CROTON-ON-HUDSON


        By:____________________________


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, in 1994 the Village of Croton-on-Hudson was designated, together with the Village of Ossining, as a model community in the Hudson River Valley Greenway program by the New York State Greenway Communities Council, and

WHEREAS, over the years the Village has been active in carrying out the goals and objectives incorporated in the legislation creating the Greenway Program, and

WHEREAS, one of the goals of the Greenway Program was the designation and development of a trail or pathway system consistent with the Greenway criteria connecting the County of Westchester from the border with the City of New York to the Erie Canal lock Two Park in the Town of Waterford in Saratoga County to be known as the Hudson River Valley Greenway Trail, and

WHEREAS, the walking/ biking trail over the Croton River has now been completed as part of the Croton River Bridge Improvement Project by the New York State Department of Transportation providing a key pedestrian, bicycling and trail linkage between the Town and Village of Ossining and the Village of Croton-on-Hudson, and

WHEREAS, the Village Trails Committee has considered this issue and  recommends that the walking/biking trail over the Croton River be designated as part of the Hudson River Valley Greenway Trail System,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees supports this designation and officially requests that the Hudson River Valley Greenway take whatever action is necessary to officially designate the walkway/ bikeway trail over the Croton River as part of the Hudson River Valley Greenway Trail System.

 
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8.  REPORTS:
 
Trustee Watkins suggested that the report on M. Pendzuk be postponed until the next board meeting which was agreed to.

Trustee McCarthy requested that the sidewalk issue be put back on a work session.  She also said that she feels the cable TV situation mandates that they have discussions with Monroe Telecommunications.   Over the weekend she was at Dobbs Park and some teenagers had a boom box.  The music that was being played didn't seem quite appropriate for young children who were at the playground.  She would like to have a work session on this issue to talk about the atmosphere at our parks and playgrounds.

Trustee Daubney said the idea of the Community Announcement Kiosk lives.  At this point, possible locations are being investigated.  He went to the Fire Department meeting this past week and they want the public to know that the proposal for the storing of the apparatus didn't emanate from them.  May is National Fitness month so pick up your workout schedule.  

Mayor Elliott announced that it is the 3rd anniversary of the "Half Moon Press".  

Trustee Daubney made a motion to adjourn, seconded by Trustee Grant and approved unanimously.  The meeting was adjourned at 11:30 PM.

Respectfully submitted,

Dianne Weeks, Secretary


______________________
Village Clerk