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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
 
May 17 1999
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, May 17, 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 Attorney Waldman                Trustee McCarthy
                        
        Absent:  Village Manager Herbek, Trustee Watkins

1. CALL TO ORDER:
        Mayor Elliott called the meeting to order at 8:00 p.m.  Everyone joined in the  Pledge of Allegiance.


2. APPROVAL OF MINUTES:
Vote of approval of the minutes of the meeting of May 3, 1999 was tabled to next Regular Board Meeting.

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 Daubney and approved unanimously.

                General Fund                    $ 35,368.96
                Water Fund      27,187.95                                       
                Capital Accounts        18,365.95
                Trust & Agency    8,704.67                                           
                                                 $89,627.53

PUBLIC HEARING:
The Public Hearing on the Special Permit application – Perry Kennedy Real Estate was postponed until June 1, 1999.

CORRESPONDENCE:
Village Treasurer Reardon read the following correspondence (full text available at the Village Office):

A letter from Judith Martin-Becker, 59 Hastings Avenue requesting permission to hold a block party on May 31, 1999, closing Hastings Avenue from Benedict to Devon.

Trustee Grant made a motion to approve this as requested; seconded by Trustee Daubney, approved unanimously.

A letter from Edward A. Burke, Half Moon Bay, regarding noise coming from the new maintenance building, the “Croton Harmon Wheel Truing Facility”.  Trustee Grant stated that this is the second time they have received correspondence about this and she would like to go down and observe the facility.  Mayor Elliott stated that he will contact Metro North and request that they comment on this matter.  Village Treasurer Reardon added that he will relay the actions to Mr. Burke.

A letter from Phillip A. Tully, 4 Eklof Court, regarding two items in the 1999-2000 Village Budget.  Village Manager Herbek has responded to Mr. Tully’s letter; Treasurer Reardon read this letter.  Trustee Grant added that the Village has long talked about a need for a park in the northern part of the Village and it will be open to all residents of the Village and Hunter, High Street and Palmer Avenue now have many young people living there.  After discussion, it was clear that Mr. Tully’s letter assumed that the playground would be for only Brook St. residents, however, Trustee Grant pointed out that as a whole, the Board of Trustees supported the idea of neighborhood playgrounds and this should be considered a neighborhood playground, not a Brook St. playground.

CITIZEN PARTICIPATION:
Art Alameda questioned the value of his conserving water and getting billed a minimum usage which is triple the actual cost; he asked how many residents are billed this minimum rate.  Mayor Elliott replied that there is a certain base cost that must be distributed among all users; where that line is drawn may have to be revisited.  Treasure Reardon added that he will get the number of users who are charged the minimum.  Mr. Alameda stated that Wilton, CT. has an interesting tax structure for seniors that should be look at; it is similar to a reverse home equity, but is a reverse property tax.  Village Attorney stated that of course, this would reduce the amount of tax money coming into a municipality.  Village Treasurer Reardon added that he would like to know what the fund balance of Wilton, CT is because Croton runs the fiscal operation based on non-tax revenues and tax warrants; if there is not a fund balance to make up what may not come in, then something has to be done at that point.  Mr. Alameda stated that the number of people actually using this structure would also make an impact.

RESOLUTIONS:
On motion of Trustee Grant, Seconded by Trustee McCarthy, the following resolution was adopted by unanimous vote by the Board of Trustees of the Village of Croton on Hudson, NY:

WHEREAS, Westchester County was notified on April 26, 1999, of the deadline by the US Department of Housing and Urban Development for submission of Cooperation agreements to re-qualify Westchester communities as an Urban County Consortium to qualify for Community Development Block Grant and HOME funds for FY 2000-2002  and

WHEREAS, the County’s deadline for submission of the Cooperation Agreements to HUD is July 16, 1999 and therefore, the agreements must be executed, accompanied by an authorizing resolution of the Village Board, and returned to the County Department of Planning by no later than Friday, June 4, 1999 and

WHEREAS participation in the CDBG program over the years has led to the Village receiving approximately $2,000,000 in grants and

WHEREAS, it is the intention of the Village of Croton on Hudson to continue to be a member community in the Urban County Consortium for FY 2000 through 2002,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the Urban County Cooperation Agreement for FY 2000 through 2002.

Discussion:  Question was asked, why would a municipality not sign this agreement.  Mayor Elliott replied that some communities, such as Mt. Pleasant, do not sign on perhaps as a political philosophy that they do not look to the Federal Government for assistance; there are only 3 or 4 communities that are not included.

On motion of  TRUSTEE Daubney,  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, Metro North Railroad and the New York State Department of Conservation have been working to have $108,000 in environmental benefit funds to be used towards the design and/or construction of a boat ramp and associated landscaping on the banks of the Croton River; and

Whereas, it is now necessary to sign an agreement with Metro-North Commuter Railroad Company in satisfaction of the obligation to undertake a NYS DEC-approved environmental benefit project;

Now, Therefore, Be It Resolved:  that the Village Manager is hereby authorized to sign the agreement with Metro-North Commuter Railroad, dated May 7, 1999.


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, municipal home rule in local planning and land use is highly valued by local governments in New York State; and

WHEREAS, the Federal Telecommunications Act of 1996 affirmed the authority of local governments to regulate the placement and construction of wireless telecommunications equipment and facilities; and

WHEREAS, local governments should be free to exercise that authority as they do with other local land use determinations; and

WHEREAS, efforts to restrict local home rule in this area are inconsistent with land use policies in New York State; and

WHEREAS, legislation has been introduced in the New York State Senate, S.2113, and the New York State Assembly, A. 6430 which would preempt local home rule in this area, remove the ability of local governments to enact their own local siting laws, interfere with the authority of local governments to set reasonable fees, and remove authority granted in federal law ; and

WHEREAS, the siting of wireless telecommunications equipment raises important land use and aesthetic concerns traditionally determined at the local level,

NOW, THEREFORE, BE IT RESOLVED, that the Village of Croton-on-Hudson hereby strongly opposes S.2113\A.6430, and recommends the defeat of this, or any legislation, that restricts the authority of local governments to exercise their prerogative overland use, protect community character and maintain the local decision-making consistent with the long history of New York law; and be it further


BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to our representatives in the State Senate and State Assembly, the legislative leaders of each house, the New York State Conference of Mayors, the New York State Association of Counties, the New York State Associations of Towns, the Westchester County Executive, and the Westchester County Board of Legislators.


d1.     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 Treasurer of the Village of Croton on Hudson has determined the need for budget modifications in the following accounts in the 1998-99 debit service fund appropriations; and

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

Increase 006-9720.700 by $457.00 (Transfer from Debt Service)
Increase 006-006 5032 by $457.00 (Interest Revenue)

NOW THEREFORE BE IT RESOLVED, that the Village Treasurer amend the 1998-99 Debt Service Fund budget to reflect these changes.

d2.     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 Treasurer of the Village of Croton on Hudson has determined the need for budget modifications in the following accounts in the 1998-99 water  fund appropriations; and

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

1.  Increase 002-8320.120 by    $23,000.00      (personnel)
2.  Increase 002-8320.400 by    $  4,387.00     (contractual)
3.  Increase 002-9030.800 by    $  3,400.00     (F.I.C.A.)
4.  Increase 002-9060.800 by    $  1,340.00     (Health Insurance)
5.  Decrease 002-1650.450 by    $  3,500.00     (telephone)
6.  Decrease 002-1910.400 by    $  1,670.00     (insurance)
7.  Decrease 002-1990.400 by    $12,500.00      (contingent)
8.  Decrease 002-8340.470 by    $  1,000.00     (repairs)
9.  Decrease 002-9951.900 by    $13,000.00      (B.A.N. payments)
10.Decrease 002-9956.900 by     $     457.00    (B.A.N. payments)

NOW THEREFORE BE IT RESOLVED, that the Village Treasurer amend the 1998-99 Water Fund budget to reflect these changes.

Discussion:  Trustee Grant requested that further short information be furnished explaining these budget modification items.  Treasurer Reardon replied that he has requested department heads to attach a memo explaining their requested budget transfers.

d3.     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 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 transfer with the Treasurer and having reviewed the budget request the following budget transfers

                1.  Increase 1210.400 by        $     210.00    (contractual)
                2.  Increase 1620.110 by        $  2,393.00     (personnel)
                3.  Increase 3410.470 by        $  9,500.00     (vehicle equipment)
                4.  Increase 5183.110 by        $  4,000.00     (personnel)
                5.  Decrease 1320.400 by        $     500.00    (contractual)
                6.  Decrease 3510.110 by        $  3,000.00     (personnel)
                7.  Decrease 5650.110 by        $12,603.00      (personnel)

        
NOW THEREFORE BE IT RESOLVED, that the Village Treasurer amend the 1998-99 general Fund budget to reflect these changes.

e.      On motion of Trustee Grant, seconded by Trustee Daubney, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton on Hudson, New York:

BE IT RESOLVED, that the Village Manager is hereby authorized to dispose of computer equipment formerly known as the KVS/Data General server and attendant parts.

f.      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 of Croton has entered into a project agreement with the Metropolitan Transportation Authority ( MTA ) for the reconstruction of the railroad parking facility known as Phase II where the Village would be responsible for 20% of the total cost of reconstruction; and

WHEREAS, the Village’s consultants for the project, Lev Zetlin Associates, has prepared construction specifications for phase II, and the Village Engineer office duly advertised for qualified bidders; and

WHEREAS, a public bid opening was held on May 13, 1999 for the phase II project, and the low bidder was Westchester Fine Grade Inc., 83 Parkway East, Mount Vernon, NY 10552 in the amount of $792,147.00; and

WHEREAS, the Village Engineer has checked with the Westchester County Planning Department to verify the competency of the low bidder, which was confirmed by them; and

            WHEREAS, the Village Engineer has reviewed the bids and has issued a favorable recommendation for the acceptance of Westchester Fine Grade, Inc. as the qualified bidder.

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby instructed to proceed with the phase II project and enter the Village into a contract with Westchester Fine Grade, Inc.


Discussion:  Trustee Daubney asked what expenses are expected to appear above this bid?  Treasurer Reardon replied that there will be none; the Village Engineer has checked on the reliability of the company.  Trustee McCarthy inquired if the Village has checked with other municipalities that had work done by this entity.  Mayor Elliott replied that Westchester County had the most experience with these firms.  Trustee Daubney asked if, regarding the No. Riverside contract, did the Village go to Westchester County Planning Dept. for recommendation of contract?  This can be verified.  Trustee Grant stated that the differences in the figures that came in the bids is of some concern to her.  Village Attorney Waldman replied that there is not such a striking difference between the three lowest bids.

8.      REPORTS:        
Treasurer Reardon reported that the order for the windows for the Municipal building is in and construction should begin sometime in June.  Treasurer Reardon reported also that the Village received an A-1 bond rating for the borrowing which will kick off tomorrow morning in NY City for 3.95 million dollars for the firehouses, Scenic Drive water line and the parking lot phase two; it is a favorable rating; bankers have confidence in the Village.

Trustee McCarthy reported that she received a phone call about the Finney Farm water system and asked that the Village proceed with discussion.  Mayor Elliott replied that they are proceeding with discussion and in the near future, the Board will take it up and the Finney Farm residents will be asked to join in the discussions, a date will be announced by the next meeting.  Trustee McCarthy added that she attended the Westchester County Board of Legislators’ meeting in connection with the sewer tax; apprising the County Board of the resolution that the Village Board passed encouraging the county board to take action.  Trustee McCarthy reported that she also addressed the proposed legislation regarding solid waste and recyclable collection licensing law which is intended to address the influence and the threat of influence of organized crime in the solid waste and recycling industry; she made suggestions to the County Board of ways the statute could be made clearer and more all-encompassing in respect to concerns the Village might have; making it clear that she did not represent the Board, but Trustee McCarthy added that she would like to see the Board take a position on this legislation.

Trustee Daubney reported that the kiosk is moving forward and he will have more information at the next Board meeting.  Trustee Daubney reported also that appointment of Arboretum monitors has been made; they will get together and discuss details how this will take place.  Trustee Grant asked that Hudson National be notified of the appointments.

Trustee Grant reported that in her opinion, there is a big ugly arboretum sign on Old Post Road North; the Village is in the process of reviewing all signs and they continue to proliferate; this one is out of keeping with the signs in the Village; there must be some approval process for signs.  Trustee Grant added that she has spoken with the members of the Chamber of Commerce about signs and they will put this on their agenda for discussion.  Trustee Grant reported that she has received a note from a resident who is concerned about the cherry trees on Benedict Boulevard who feels the trees need attention.

Trustee Grant made a motion to adjourn to executive session to discuss litigation.  Trustee McCarthy seconded the motion; all approved.

The meeting was adjourned at 9: 00 P.M.


Respectfully submitted,


Phyllis A. Bradbury, Secretary



_________________________
Village Clerk