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August 2 1999


A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, August 2, 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 McCarthy
        Village Manager Herbek  Trustee Watkins

        Absent:  Village Attorney Waldman, Trustee Grant


1.      CALL TO ORDER:

       Mayor Elliott called the meeting to order at 9:00 PM.  Everyone joined in the   Pledge of Allegiance.

2.      APPROVAL OF MINUTES:

       Trustee Daubney made a motion to approve the minutes of the Regular Board       Meeting held on July    19, 1999 as corrected.  Trustee McCarthy seconded the   motion.  The Board voted for unanimous approval.

3.      APPROVAL OF VOUCHERS:

        Trustee McCarthy  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                       $    71,877.00
                Water Fund                                6,271.49
                Capital Acct.                             8,794.34
                Trust & Agency                    9,350.20
                                                   $    96,293.03

County Legislator Michael Kaplowitz presented a brief update on County-related issues.  He  advised  the County Board had acted to remove 354 Croton parcels from the Ossining sewer district in response to the petition from the village; however it left behind 132 parcels still in the district.  He explained the criteria which was used by the County Board of Health to determine the parcels which were removed.  The Village Engineer is to use the new criteria to create a second look  at the 132 parcels to see if they can be removed.



The second issue he discussed was that of the trash hauling legislation.  A public hearing was held and there is ongoing discussion of what the potential revenue would be against the potential cost of setting up a commission and when it would start.  The goal of the legislation is licensing and trying to clean up the garbage carting business.   He distributed copies of the report of the subcommittee on trash haulers which digests some of the legislation.

Trustee McCarthy  stated that she has asked the Board in the past to pass a resolution in support of this legislation and that has not happened.  As a result of that, she felt compelled to go down to the County Board of Legislators.  She spoke and she was very careful to say she was not speaking on behalf of the Board because the Board had not taken an official position but she thinks we should take an official position on this legislation and pass a resolution  in support of it.

Mayor Elliott stated he doesn’t recall anyone being against passing such a resolution.  The entire Board has been very diligent on this matter, interested and supportive.

Trustee McCarthy replied that she thought a resolution should be prepared and presented at the next meeting in support of the legislation.

Legislator Kaplowitz discussed the proposed options concerning the issue of area code 914.  The Public Service Commission wants to create an alternative area code because they are running out of phone numbers.  He explained the three proposed options and stated clearly Westchester wants to keep 914 and businesses want it.  He advised there is a Public Service Commission meeting scheduled for August 17 at 7 PM at the Greenburgh Town Hall on this matter for those interested.

Mayor Elliott stated that the Board will put a resolution concerning the 914 area code on the agenda for the next meeting.


4.      CORRESPONDENCE:

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

A letter from Diane Rainey, MediaOne, re the merger of MediaOne and AT&T application for change of control.

A letter from William A. Zutt, Esq., representing Robert Dusconi, re: use variance for 163 Grand  Street.




Trustee Watkins and Trustee McCarthy questioned the request for a signature on the letter.  After discussion, the Board decided to wait and discuss the issue with Attorney Waldman.
Mayor Elliott made a motion to delegate the authority for this approval to Attorney Waldman for a signature by Manager Herbek subject to approval by Attorney Waldman.  Trustee Watkins seconded the motion which was also approved by Trustee Daubney.  Trustee McCarthy abstained.

A letter from Robert F. Davis, Esq., representing Paul and Nancy Kennedy, re: petition for the rezoning of property at 124 Maple Street.

Manager Herbek advised that this matter should be referred to the Planning Board and the County Planning Board.

Trustee McCarthy stated she did not have a problem at this time referring this matter to the Planning Board but this is in some respects wrapped up in our Comprehensive Plan and our discussions about revising it and an analysis of our business district.  What she would like to see is for us to move along expeditiously in retaining a planner to take a quick overview of what is proposed here of that area to see what recommendations the planner would have for us in connection with this rezoning and also to retain Mullins Associates to advise us in connection with our business districts.  The proposal that she provided to the Board members will cost about $5,000 to do the study.

Trustee Watkins stated his position on this application is that due to the expressed posture of a number of residents, he should recuse himself.  While his name had appeared on the web site of Perry Kennedy, he was not aware it until litigation was brought.  He has since requested that his name be removed and it has been.  Nevertheless, on this particular application he will recuse himself.

Trustee Daubney was in favor of referring this to the Planning Board.  He stated that Trustee McCarthy’s suggestion for a business district planner was an excellent idea.

Mayor Elliott made a motion to refer this to the Planning Board.  Trustee McCarthy seconded the motion. Trustee Daubney voted yes and Trustee Watkins recused himself.

Trustee Watkins stated even though he is not voting on this issue, it seems that this is an application connected with a contract of sale so whatever decision is to be made, it should be done expeditiously.  The Board agreed.


Mayor Elliott highly endorsed Mullins Associates but stressed that the business community has to join in this process and come up with a solution together with Mr. Mullins.  He asked that members of the Chamber of Commerce join in this process.

Trustee Daubney stated after reading through the proposal from Mullins Associates, he thought it would be advisable to bring it forward to the Chamber and have them look at it.

Trustee McCarthy agreed that the Chamber has to be actively involved in these discussions and any members of the business community who want to be involved, should be involved.

Manager Herbek noted he has not seen the proposal from Mullins Associates, but stated as far as the Master Plan is concerned he would imagine the first thing that has to happen is the appointment of a group.  He think it is important to do an evaluation of Planning Firms and he will not have time to do an RFP before the fall.  

Mayor Elliott said there are two different issues.  They want to move ahead on both hiring someone to assist with reviewing the Comprehensive Master Plan and secondly, they want to engage someone to take a look at the business district.

Trustee Watkins asked what happens to this application now and Mayor Elliott replied that the application goes to the Planning Board, they move ahead as quickly as possible on hiring someone to examine the business district and thirdly, they have Manager Herbek organize a list of people to send an RFP to get someone to assist us in creating a Comprehensive Master Plan.

5.      CITIZEN PARTICIPATION:

Taher Shafie from Nordica Drive commended Manager Herbek and his staff on the good job they are doing on enforcing the rules at Silver Lake.  He said one of the issues he is concerned with is the safety of the lifeguards and the kids down there because evidently, they have been physically threatened by people from outside the village.

Mayor Elliott stated that Mary Zimmerman, Superintendent of Recreation, and Manager Herbek have procedures in place and have trained the lifeguards and supervisory personnel what to do in confrontational situations.

Mr. Shafie stated that the Park Ranger is a good idea but he has a sense that the Ranger doesn’t exactly know what to enforce because there doesn’t seem to be any village ordinance or regulations as to what he is supposed to be enforcing.

Mayor Elliott responded that they will have to convey that to him again.  They had a work session where they were quite specific in outlining things he was to enforce.

Manager Herbek stated he went through the entire Village Code and made copies of all of the appropriate laws that he thought he might be involved with and that was provided to him.

6.      RESOLUTIONS:

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, several employees of the Village of Croton-on-Hudson have petitioned the Village Manager to adopt a local law authorized by Chapter 70, Laws of 1999 for eligible employees to participate in the 1999 NYS Retirement Incentive Program; and

WHEREAS, the Village Manager has apprised the Village Board of those employees wishing to take part in said incentive program; and

WHEREAS, the Village Manager has set October 04, 1999 as the commencement date for the 1999 NYS Retirement Incentive Program, and December 30, 1999 as the closing date encompassing a total of 88 days in which eligible employees may choose to retire,

NOW, THEREFORE, BE IT RESOLVED: that the Village Manager is hereby instructed to proceed with setting the public hearing for the adoption of a Local Law electing a retirement incentive by Chapter 70, Laws of 1999.

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 Board is interested in exploring options pertaining to traffic calming techniques for various streets in the Village, and

WHEREAS, the Village Manager has obtained a proposal from Pennoni Associates of Clifton, New Jersey to observe traffic conditions on four roads and     one intersection in the Village and to prepare a report to the Village summarizing their findings and recommendations for a fee of  $3,000.00.

NOW, THEREFORE, BE IT RESOLVED: that the Village Manager is hereby authorized to sign the proposed agreement with Pennoni Associates dated June 28, 1999 and revised July 28, 1999 to provide professional consultation services in accordance with the terms and conditions of their proposal.

1. 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 Board of Trustees of the Village of Croton-on-Hudson has instructed the Village Manager to cause to be erected a sign to honor the Village’s veterans at “Veterans Corners”; and

WHEREAS, the Treasurer has reviewed the budget and has requested the    following budget transfer to accommodate this purchase;

                1.  Increase  8510.400 by $2,078.00  (Contractual Expense)
                2.  Decrease 1990.400 by $2,078.00  (Contingent)

NOW, THEREFORE, BE IT RESOLVED: that the Village Treasurer amend the 1999-2000 General Fund budget to reflect these changes.

2.  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 unanimous vote:

WHEREAS, the Board of Trustees of the Village of Croton-on-Hudson has instructed the Village Manager and his staff to stay within the limits of their respective budget appropriations; and

WHEREAS. any Department head encountering a fiscal crisis must bring said crisis to the attention of the Village Board with recommendations for a workable solution; and

WHEREAS, the Treasurer has requested funds in his budget lines to be amended to address the need for an up-to-date virus program; and

WHEREAS, the Treasurer has reviewed the budget and has requested the following budget transfer to accommodate this purchase:

                1.  Increase  1680.400 by  $ 764.00  (Contractual Expense)
                2.  Decrease 1990.400 by  $ 764.00  (Contingent)

NOW, THEREFORE, BE IT RESOLVED: that the Village Treasurer amend the 1999-2000 General Fund budget to reflect these changes.

7.      REPORTS:

Manager Herbek reported he had checked with the Town of Cortlandt on their experience with the disability exemption law.  The Town adopted this exemption soon after the State passed it into law in June of 1997.  To date, they have had only a handful of applicants and of those, only one individual qualified.  The others did not because of income.

Trustee Daubney said he would like this item to be put back on the agenda and Mayor Elliott said it would be put back.

Manager Herbek advised that neither he nor Treasurer Reardon would be available for the work session scheduled for August 12, 1999.

Manager Herbek advised that the Village is making some progress toward water conservation, but it is extremely important that the public be reminded that the Village instituted mandatory water restrictions on July 23rd for all residents.  He reiterated the restrictions and requested the cooperation of all residents and businesses in the community.

Trustee McCarthy stated at the recent work session, they spent a great deal of time talking about the capital budget and also the manner in which they were going to store the Fire Department vehicles.  It was decided that a butler building is going to be constructed behind the Village Garage for the storage of those vehicles and that the building would thereafter be used by the Department of Public Works for their operations.  The question she has tonight is regarding Metro-Enviro because she doesn’t recollect seeing an end-of-the-year report from them.  She thought that once they had received that report, they could go on to the next step which was to determine whether they would be given an increase in tonnage or not.  She thinks they need to address this issue and make a determination as to tonnage.

Trustee Daubney asked Manager Herbek for a report on the water usage of Metro-North and the golf club.  Manager Herbek replied that several days ago he had called the Director of Government Operations for Metro-North Railroad and he was extremely cooperative and was on top of the situation immediately.  Metro-North uses most of their water for their carwash operations and that has been eliminated completely during the water emergency.  With respect to Hudson National Golf Course, the Village had been providing water to them on a 24-hr. basis.  They have been cut back by 20%.  They are not receiving water now between 5 AM and 10 AM each morning.

Mayor Elliott congratulated the Fire Department which has been on top of a lot of brush fires because of the drought.

Trustee Daubney made a motion to adjourn which was seconded by Trustee McCarthy with unanimous approval.

The meeting was adjourned at 9:30 PM.

Respectfully submitted,

Dianne C. Weeks, Secretary


Richard F. Herbek
Village Clerk