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September 21 1999
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Tuesday, September 21, 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
                                                Trustee Watkins
        Absent:  Treasurer Reardon

1. CALL TO ORDER:

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

Mary Zimmerman, Recreation Dept., introduced the new Recreation Supervisor, Mark Duncan, a 1995 graduate of Cortlandt State University, he previously worked for SUNY Purchase and has an extensive background in recreation direction.  Mr. Duncan spoke briefly stating that he is looking forward to serving the Village of Croton on Hudson.

2. APPROVAL OF MINUTES:

Trustee Grant made a motion to approve the minutes of the Regular Board Meeting held on September 7, 1999 as corrected.  Trustee Daubney seconded the motion.  The Board voted unanimous approval.

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                    $  98,291.98
        Water Fund                                   5,232.90
        Capital Accounts                          193,809.01
                Trust & Agency  14,097.70
        $311,431.59

PUBLIC HEARING:
Mayor Elliott continued the Public Hearing on Local Law Introductory #8 of 1999, which provides for the granting of a partial real property tax exemption for persons with disabilities.  Village Attorney Waldman stated that he researched the law further and the question of protection from potential abuse is covered in Section 459-c, 5C of the statute; therefore the law was modified to add the clause in the first section “and subject to all the conditions set forth in Section 459-c”.    Victoria Scalzi asked how many people in the Village might qualify for the exemption.  Mayor Elliott replied that very few will because of the income limitations.  Mayor Elliott closed the Public Hearing.  

Trustee McCarthy made a motion to approve Local Law Introductory #8 of the year 1999; a local law to provide for the granting of a partial real property tax exemption for persons with disabilities and limited incomes.  The motion was seconded by Trustee Daubney.  Vote was taken, with all voting “aye” .
        

5.  CORRESPONDENCE:

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

A letter from Anna Reisner, resigning from the Zoning Board of Appeals effective September 7, 1999.
A notice of 1999 Tentative State Equalization Rate from NYS Board of Real Property Services.  Village Manager Herbek noted that the rate was up slightly, with last year’s rate set at 9.02 and 1999 rate set at 9.09.
A letter noticing the Village of Croton on Hudson that the Village of Ossining intends to declare itself lead agency for their Local Waterfront Revitalization Program Amendment.  This will be referred to the Planning Board and the Water Control Commission.        
A letter from Diana Connolly, 6 O’Reilly Court, requesting permission to hold a block party on Saturday, September 25, with a rain date of Sunday the 26th.  Permission was granted by unanimous approval of the Board.

CITIZEN PARTICIPATION:
Re: Hudson National Golf Course and Finney Farm Water Supply:
William Broudy, Finney Farm, asked Village Manager Herbek to read the letter faxed today from he and Janet Nelson.  Mayor Elliott replied that he has received a letter from William Broudy requesting a meeting be set up.  Village Manager Herbek added that information will be coming from Joe Lynch for Hudson National regarding their cost estimate; then everyone should sit down with representatives of Hudson National and discuss a resolution of the matter.  Mr. Broudy added that he would like to see work begun before winter.

Victoria Scalzi, Finney Farm, read a statement of her position on the conduct of Village officials regarding this situation.

In reply to a question of why the water supply agreement has not been signed nor dated, Village Manager Herbek stated that 1) in addition to this agreement, there are other agreements that have not been signed and are still outstanding;  the Planning Board is aware of them; 2) the signing of he agreement will not eliminate all water testing, but will eliminate a lot of it, 3) the Village has not yet accepted the road itself, 4) there are still expensive issues to resolve; Hudson National is not willing to assume full financial burden and this is a complicated issue that will need to be negotiated.  Trustee McCarthy added that all Board members should have a copy of the operative agreement and all residents whose wells are being tested should get the test results; Ms. McCarthy stated also that she would like to know why one resident was hooked up.

Gerry Cady, Finney Farm, stated that he hopes it will not be necessary for all Finney Farm residents to be in agreement before the water issue is resolved and that they have been paying for many services that other residents have been receiving from the Village.

Anna Lattanzi noted portions of the Village’s Financial Statement, questioning why certain funds were appropriated for Hudson National and asked what it was spent on.  Village Manager Herbek replied that these funds were paid to the Village by Hudson National over a period of time for a variety of environ- mental projects and were used to pay for services as required; in handling the funds in this manner, the Village is able to have some control over the process.  Anna Lattanzi asked why Village residents are being charged for Croton Free Library.  Trustee McCarthy added that the question is whether the library is a Village library or a school library; the Village makes a contribution, but does not pay full costs.  Village Manager Herbek stated that it is not a school district library, the school board has a separate line only; the issue has been raised on how to get the entire library budget on the school district budget since this is a larger assessed evaluation area; they have not been successful in getting this done; the Village’s assessment has been frozen for a number of years at $100,000.  Trustee Daubney added that the library budget is over a half million dollars, the Village’s assessing part of the cost gives the Village input in running the Library.  Ms. Lattanzi stated that her solution for parking fire equipment is not to buy another ambulance right now; the DPW has a lot of trucks that could be parked outside; put fire trucks in the DPW building.  Ms. Lattanzi asked that the TV station put up road closings on the station’s bulletin board.  Anna Lattanzi questioned the reimbursement from the Insurance Company for the water department problem as well as reimbursement required from private personnel and asked why this total amount does not show up on this year’s Financial Statement.  Village Manager Herbek stated that these reimbursements were recovered over a period of two years and offered to sit down with Ms. Lattanzi and Treasurer Reardon to explain the questions she has about the Financial Statement.  Ms. Lattanzi stated also that the annual report should be given to any resident without filing a freedom of information application.

Fred Barlow, a resident of Haverstraw, asked for a resolution of reimbursement he feels is due him for an incident that occurred in August when he parked his auto at the Croton Harmon station for a number of days; he is asking for $217.90, his cost for repair to his car and additional travel costs.  Village Manager Herbek replied that he has been working on this issue and had requested that the contractor at the parking lot get in touch with Mr. Barlow to work out a solution; the contractor promised that he would do so; adding that they have acknowledged that they should not have moved his car in that manner and are willing to take care of the costs incurred.   Village Manager Herbek offered to reimburse Mr. Barlow from the Village and then recoup the funds from the contractor; in return, Mr. Barlow must sign a release.  Mr. Barlow stated that he will think about this solution and added that Dawn, who works at the parking lot trailer, is a very good employee and should be appreciated.

RESOLUTIONS:

A 1. Trustee Grant made a motion to approve the following resolution scheduling a public hearing for October 4, 1999 for the rezoning request of Paul and Nancy Kennedy.  Trustee McCarthy seconded the motion.
Note:  Trustee Daubney requested this Public Hearing be postponed until October 18th as he will not be able to attend the October 4th Board Meeting.  Trustee Grant amended her motion to change the public hearing to October 18, 1999.  Trustee McCarthy seconded the amended motion

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

WHEREAS, on July 19, 1999 the Village received a petition from Robert Davis of the law firm of Shamberg, Marwell, Hocherman, Davis and Hollis, P.C. on behalf of Paul and Nancy Kennedy for the rezoning of property at 124 Maple Street, which is located on the corner of Maple Street and Old Post Road South, and which is further designated on the Official Tax Map as Section 79, Subsection 5, Block 5, Lot 1, and

WHEREAS, this matter was referred to both the Westchester County Planning Board and the Village Planning Board in accordance with the provisions of the Westchester County Administrative Code, General Municipal Law and the Croton-on-Hudson Village Code, and

WHEREAS, the responses of both the County Planning Board and Village Planning Board have now been received and the Planning Board has also recommended the rezoning of Section 79, Subsection 5, Block 5, Lot 1 and Dr. Mir’s property, Section 79, Subsection 5, Block 1, Lot 47 to be rezoned to a Limited Office 0-1 Zone; and

WHEREAS, a public hearing must now be scheduled to consider the proposed amendment to designate these properties from RB to O-1,

NOW THEREFORE BE IT RESOLVED: that a public hearing is hereby scheduled for October 18, 1999 at 8:00 PM in the Meeting Room of the Croton-on-Hudson Municipal Building to consider the proposed amendment of the Village Zoning Map by rezoning Section 79, Subsection 5, Block 5, Lot 1 and Section 79, Subsection 5, Block 1, Lot 47 from a two-family Residence RB District to a Limited Office O-1 District.

Discussion:  Trustee McCarthy stated that the 01 designation does not have floor area ratios; some uses permitted in 01, the Village may not want to be permitted; this could be resolved by creating a new zone.  Trustee McCarthy questioned why Dr. Mir’s property is being rezoned.   Trustee Watkins stated that the Planning Board felt the change should be made to make the four corners consistent.  Village Attorney Waldman suggested sending Dr. Mir copies of the resolution and paperwork from the Planning Board and hear back from him.  


A 2. On motion of Trustee Grant, seconded by Trustee McCarthy, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton on Hudson, New York:

WHEREAS, on September 9, 1999 the Planning Board has recommended the rezoning of 2 properties, Section 79, Subsection 5, Block 1, Lot 47 and Section 79, Subsection 5, Block 5, Lot 1 to a Limited Office 0-1; and

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

WHEREAS, a Short Environmental Assessment Form has been prepared, signed by the Village Manager and accepted by the Village Board; and the Village Board has duly considered all of the environmental aspects of this action;

NOW THEREFORE BE IT RESOLVED: that the Village Board of the Village of Croton-on-Hudson does hereby declare itself to be the Lead Agency with respect to this matter; and

BE IT FURTHER RESOLVED: that the Village Board does hereby determine, based upon the Short 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 Short Environmental Assessment form, the Village Board does hereby ADOPT the attached NEGATIVE DECLARATION with respect to this matter

On motion of Trustee Daubney, seconded by Trustee McCarthy, the
following resolution was adopted unanimously by the Board of Trustees of the Village of Croton on Hudson, New York:
        
WHEREAS, the Village of Croton on Hudson has been awarded a grant for a salt storage facility through the Clean Water/Clean Air Act; and
        
        WHEREAS, four bids were received on September 14, 1999;
        
NOW THEREFORE BE IT RESOLVED: that the contract for the salt storage facility is hereby awarded to Dimar Contracting, Inc., the lowest responsible bidder, in the total amount of $116,625.00.

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

WHEREAS, the Village Director of Public Works has had occasion to repair a village vehicle that was damaged by a citizen; and

WHEREAS, the Director of Public Works recovered the cost of the damage from the citizen’s insurance company to her satisfaction; and

WHEREAS funds to accomplish the repairs have now been received from the Nationwide Insurance Co., the Village Treasurer wishes to amend the 1999-2000 General Fund Operating budget effecting the following accounts; and

Increase  5110.470  by    $ 4,543.94    ( Repairs )
Increase      2680     by    $ 4,543.94    ( Insurance Recoveries )

Now Therefore be it resolved that the Village Treasurer amend the 1999 -2000 General Fund budget to reflect these changes.


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

WHEREAS, the Village applied for funding through the Community Development Block Grant Program for funds to undertake improvements to Dobbs Park in the amount of $35,000 which had previously been approved, and

WHEREAS, in April the Village Manager requested an additional $50,000 for this project to cover an expanded project scope which has been approved, and

WHEREAS, it is now necessary to amend the contract to provide for the increased scope wherein the Village will receive $85,000 in CDBG funds for this project,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign contract number C-67-98-G16 for Improvements to Dobbs Park wherein the Village will receive $85,000 in CDBG funds for this project.


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

WHEREAS, on September 7, 1999 the Village Board approved an agreement with New York State for the receipt of $50,000 from the Clean Water/Clean Air Bond Act in order to construct a handicapped/accessible trailway along the Village-owned waterfront parcel formerly known as SEPRIEO; and

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

WHEREAS, a Short Environmental Assessment Form has been prepared, signed by the Village Manager and accepted by the Village Board; and the Village Board has duly considered all of the environmental aspects of this action;

NOW THEREFORE BE IT RESOLVED: that the Village Board of the Village of Croton-on-Hudson does hereby declare itself to be the Lead Agency with respect to this matter; and

BE IT FURTHER RESOLVED: that the Village Board does hereby determine, based upon the Short 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 Short Environmental Assessment form, the Village Board does hereby ADOPT the attached NEGATIVE DECLARATION with respect to this matter.

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

        WHEREAS, A RESOLUTION AUTHORIZING THE AMENDMENT AND RESTATEMENT OF THE MUNICIPAL COOPERATION AGREEMENT MADE PURSUANT TO NEW YORK GENERAL MUNICIPAL LAW, ARTICLE 5_G, SECTION 119_0 AMENDED AND RESTATED AS OF JULY 20, 1992 BY AND AMONG PUTNAM/NORTHERN WESTCHESTER BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND THE OTHER PARTICIPANTS.

WHEREAS, the Board of Cooperative Educational Services of the Sole Supervisory District of Northern Westchester and Putnam Counties (the "BOCES") has heretofore entered into a certain MUNICIPAL COOPERATION AGREEMENT (the "Agreement") made pursuant to New York General Municipal Law, Article 5_G, Section 119_o, amended and restated as of July 20, 1992, by and among BOCES and each district and municipal corporation, as defined in section 119_n of the New York General Municipal Law, that enters into the Agreement (with the BOCES, the "Participants"); and

WHEREAS, Section 13.1 of the Agreement provides that the Agreement, including the Exhibits thereto, can be amended, from time to time, by the Participants in the manner set forth therein; and

WHEREAS, for various reasons, including, but not limited to the compliance with the recently enacted Article 3_A of the New York General Municipal Law which mandates the inclusion of certain provisions in the Agreement; and

WHEREAS, among such reasons is that certain provisions of the Agreement have been identified as being unnecessary, in light of other provisions of the Agreement;

        NOW THEREFORE, BE IT RESOLVED, by the Board of Trustees of the
Village of Croton-on-Hudson that the amended and restated Municipal Cooperative Agreement, dated as of October 20, 1999, a copy of which is attached as an Exhibit, is hereby approved and the Village Manager is hereby authorized to execute the contract on behalf of the Village of Croton-on-Hudson.


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

WHEREAS, the Village of Croton-on-Hudson has areas of the Village which have been devastated by the result of Hurricane Floyd to include extensive damage to the Village’s roadways and infrastructure to include roads which have been washed out and made impassable, wires and trees down, areas which have been flooded, and

WHEREAS, in addition to the damage to public properties there has been extensive damage to private property to include buildings and property which have been flooded, residents evacuated and various mudslides, and

WHEREAS, it is essential that repairs be made as quickly as possible to the public infrastructure that the Village is responsible for in order to protect the health and safety of the public, and

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

WHEREAS, the Village Manager has engaged several local contractors who were available to assist with the public improvements which are necessary on a cost and materials basis, and

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized retroactively to Friday, September 17th to engage such outside assistance as is necessary to undertake the improvements to the public infrastructure as is required to protect the public health, safety and welfare.

REPORTS:

Village Manager Herbek gave a written report on conditions in the Village as relates to Hurricane Floyd.  Village Manager Herbek announced that representatives of NY State Insurance Dept. will be available on Thursday, September 23rd, 5 PM and 7 PM at the Ossining Village Center to assist with filing claims; people can bring their private insurance policies with them.  Mr. Herbek added that FEMA has arranged a meeting in Ossining Community Center and a representative will be present at Thursday’s meeting.  Village Manager Herbek will notify approximately 25 Village property owners who are known to have extensive damage; there will be as much information put on the Government Access channel as is possible.  Village Manager Herbek reported that he attended a briefing on mosquito spraying; the County will spray the lower portion of Westchester by helicopter with the least toxic mosquito repellant that is on the market; Northern Westchester has been discounted as highly unlikely to be susceptible to the outbreak of encephalitis; however, homeowners should take precautionary measures to eliminate standing water.

Trustee Watkins reported that the parking lot looks better than he thought it would after the storm; he asked for the status of the contractor’s work.  Village Manager Herbek replied that they are about ½ done and gave a review of what has recently been completed and what still needs to be done.  Trustee Watkins asked also about the status of the work being done on the Little League fields.  Village Manager Herbek replied that he met with Little League officials last week; the money is not yet available, but it will go out to public bid and he hopes to get the work done as quickly as possible.  Trustee Watkins stated that the Village needs to stay focused on getting the fields done that were promised and asked that the Little League be made aware of the plans.

Trustee McCarthy reported on the items discussed at the September 14th work session.  Trustee McCarthy also reported that the Board members surveyed the storm damage last Friday and hopefully, funding will come through and repairs can be done.  Village Manager Herbek added that W.D. Construction Co. and Paleen Construction Co. responded immediately and did a good job; the Village is not allowed to spend public money on private property; the also thanked the Village employees for their work in evaluating damage.

Trustee Daubney reported there recently was a problem on his street and Village employees responded very efficiently.  Trustee Daubney suggested an inquiry should go out regarding the status of the MetroEnviro leachate tank because of the storm.  Trustee Daubney noted that there are no recycling bins at Senasqua Park and asked that some be put there.

Trustee Grant asked to look into what is happening with the sign for Veterans’ Corner, adding that the veterans hope it will be up by Veterans’ Day.   Village Manager Herbek will look into this.

Mayor Elliott added his thanks to the DPW, Engineering, Fire and Police Departments, Village Manager Herbek and all Village employees for the exemplary job they did during and after the recent flooding.  He added that a section of Rt. 129 is closed, that the state has declared it temporarily unsafe and should be closed for a few days; troopers will be out directing traffic.
Trustee Daubney made a motion to adjourn; seconded by Trustee McCarthy; approved unanimously.  The meeting was adjourned at 11 PM.

Respectfully submitted,

Phyllis A. Bradbury, Secretary

Richard F. Herbek, Village Clerk