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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
 
October 18 1999
Village of Croton
Page 1
October 18, 1999

A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, October 18, 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


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 Regular Board Meeting held on October 4, 1999 as submitted.  Trustee McCarthy seconded the motion.  The Board voted for 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                       $    89,095.87
                Water Fund                                1,509.15
                Capital Acct.                             193,246.53
                Trust & Agency                  20,265.39
                                                   $         304,116.94

PRESENTATIONS:

Since 1961, the Conference of Mayors has annually honored public officials who have served a single community for 25 or more years by awarding them a “Certificate of Public Service”.  Village Manager Herbek recognized the following employees for their many years of public service:
        Patrick Calcutti - 30 years
        Dennis J. Coxen - 30 years
        Richard Eickler - 30 years
        Margaret Keesler - 25 years
        Edward C. Walsh - 25 years

Three employees, Richard Eickler, Margaret Keesler and Edward Walsh were present to receive their certificates which were presented by Mayor Elliott.

Village Manager Herbek also recognized Ken Kraft for fulfilling the Cornell University Road Master program.  Cornell University established the program to recognize the achievement of local highway officials in a prescribed series of core and optional training sessions.  The training provides knowledge of the fundamentals of road maintenance and management techniques and offers the opportunity to achieve a foundation in technical and management skills and to receive public recognition for achievement.

Village Manager Herbek briefly discussed the progress of the Village’s Y2K Contingency Plan.  Although the Village is confident that all Village-controlled Y2K issues have been solved, there is a possibility that disruptions could occur in utility systems including electric, gas, telecommunications and cable.  In the unlikely event that we lose power, the generator at the Municipal Building has been successfully tested and will be utilized until power is restored.  He outlined the contingency plans the village has developed and advised that the Westchester County Office of Disaster and Emergency Services would be in charge of setting up any necessary shelters.

4.      PUBLIC HEARING:

Village Manager Herbek outlined the proposed Local Law Introductory #9 of 1999 to rezone from Two-Family Residence RB District to Limited Office O-1 District Section 79, Subsection 5, Block 5, Lot 1 (124 Maple Street) and Section 79, Subsection 5, Block 1, Lot 47 (132 Maple Street).

Manager Herbek read the recommendations of the Planning Board on Amending the Text of the O-1 Zoning District which were outlined in a memo dated October 7, 1999 from Chairman Ann Gallelli to Mayor Robert Elliott and the Board of Trustees.  He also read letters which were received from members of the community in support of the rezoning.  He advised that the County Planning Board has reviewed this matter and finds that there are no county or intermunicipal planning issues of concern to the County Planning Board.  This action is thus a matter for local determination.

Manager Herbek advised that the Village has been in contact with Dr. Saleem Mir because that property at 132 Maple Street is being considered for rezoning as well.  He stated that Dr. Mir told him he is in favor of the rezoning of his property.

Robert Davis, attorney for Paul and Nancy Kennedy, discussed the proposed renovation of the building, landscaping and traffic flow and was available to answer questions.

Trustee McCarthy asked with respect to the application that was made for the expansion of the Grand Street property, has that been officially withdrawn.  Mr. Davis responded yes, the Kennedys are no longer pursuing the expansion of their current office.

Trustee Watkins asked if the Board approved the rezoning, whether the Kennedys would agree that the property would not be further subdivided.  Mr. Davis stated that would normally come up in a site plan review and that is an important point.  What the Board does tonight is not the final say on how the corner will be developed for the proposed use.  They do have to go to the Planning Board for site plan approval but he does not believe, as far as he knows, that his clients have any objection to such a condition being imposed by the Planning Board.

Trustee Grant expressed the concern she has heard from residents that there not be excessive blacktop on the site since it borders a residential zone.

Trustee Daubney stated that since there is no set plan for traffic flow at the present time, is this something you are going to negotiate with the Planning Board.  Mr. Davis responded that it has been discussed with the Planning Board and will be looked at further.

Two residents of Old Post Road So expressed concern about the possible entrance to the parking lot on Old Post Road South.

There being no further members of the public wishing to address the matter, Mayor Elliott closed the public hearing.

Trustee McCarthy questioned whether the Board wanted to split this resolution into two parts since Dr. Mir has not presented anything in writing in support of a rezoning of his property.  His property has not undergone the same analysis as the Kennedy application has.

Trustee Daubney agreed that Dr. Mir has said nothing official to the Board and they do not know if he wants this or not.  There is no compelling reason at this time to have his property included in this resolution.

Manager Herbek stated that Dr. Mir was advised in writing and he spoke to him twice.  When he spoke to him this morning, he said he was definitely in favor of the rezoning.

Trustee Grant stated that she had a conversation with Dr. Mir and he is definitely in favor of it but she agreed that the same analysis had not been done of his property as the Kennedy property.

Ann Gallelli responded to further questions from members of the Board and after further
discussion among Board members and consultation with Attorney Waldman, Trustee
Grant made a motion to pass Local Law Introductory #9 of 1999 as amended (removing
Dr. Mir’s property; Section 79, Subsection 5, Block 1, Lot 47 from the description under
Section 1).  Trustee Watkins seconded the motion which was adopted by unanimous
vote.

Local Law No. 9, 1999

Section 1.      The 1979 Village of Croton on Hudson Zoning Law is hereby amended as follows:

By Changing from Two-Family Residence RB District to Limited Office O-1 District Section 79, Subsection 5, Block 5, Lot 1 as shown on the Tax Maps and Tax Assessment Rolls of the Village.

Section 2.      The Official Zoning Map of the Village of Croton on Hudson, NY, is hereby amended to reflect the foregoing changes.

Section 3.      This local law shall take effect immediately upon filing with the Secretary of State.

Trustee McCarthy read a statement wishing Nancy Kennedy well and urging citizens to become involved in issues which affect the community.

5.      CORRESPONDENCE:

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

Letter from Judy Sullivan and Rosalind Morrissey announcing the Community Blood Drive which will be held on December 5, 1999 from 9 AM to 3 PM at Croton-Harmon High School.

Letter from Ray Wetherbee of Metricom requesting approval to install radios on village streetlight poles in order to operate a radio network for wireless data transmission.  Mr. Wetherbee was present to answer questions and request that the subject be placed on a formal agenda.

Discussion:  Mr. Wetherbee briefly discussed how the system operates and stated that they are not a cellular company and do not require exclusive use of the street light poles.  He will provide more specific information concerning technology and budget forecast figures at the Village Board’s work session scheduled for Monday, October 25, 1999.

Letter from the Recreation Department requesting approval for the Annual Goblin Walk on Sunday, October 31, 1999.  Trustee McCarthy made a motion to approve a resolution in favor of this walk which was seconded by Trustee Grant and approved unanimously.

6.      CITIZEN PARTICIPATION:

        There were no persons present who wished to comment.

7.      RESOLUTIONS:

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 budgeted $15,000.00 for a new leaf loader for the Village’s annual leaf collection program, and

WHEREAS, bids were opened on October 7, 1999 at which time only one company, Old Dominion Brush Company, submitted a bid in the amount of $13,100.00 for the leaf loader, and

WHEREAS, the staff has determined that this is a competitive bid on the basis on a similar purchase last year for such a leaf loader, and

WHEREAS, this leaf loader will complete the changeover to a more efficient fall leaf collection program instituted by the Director of Public Works,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to award a contract to the lowest responsible bidder meeting specifications, Old Dominion Brush Company for their bid of $13,100.00 for a new leaf loader for the Village’s annual leaf collection program.


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 has been working with the Croton Little League on a number of improvements to the Village’s ballfields and allocated $55,000 for this work, and

WHEREAS, the Little League representatives, John Imbiano and Mary Zimmermann are recommending that the scope of work be increased to cover certain items which were not contemplated when the capital budget was being prepared but are extremely important to have completed while the other work is being completed and,

WHEREAS, the additional work includes additional drainage work at Fireman’s Field, additional infield work at Alexander Lane Field and additional fertilization, overseeding and clay installation to all of the fields at an additional cost of $15,000, and

WHEREAS, the Village Manager recommends that this work be done at this time with the originally planned work,

NOW THEREFORE BE IT RESOLVED: that the Village Treasurer is hereby authorized to amend the 1999-2000 budget as follows:

Increase account  001-9952.900                 by $ 15,000.00  (Inter fund Transfers )
Decrease account 001-1990.400                 by $ 15,000.00  (Contingent)
Increase account  003 –7140.0200.9900.0037 by $ 15,000.00  (Ballfield )
Decrease account 001-9952.900                 by $ 15,000.00  (Inter fund Transfers)


Discussion:  Trustee Watkins questioned who looked at the plan to allocate an additional $15,000 to this project and did it pertain to specific improvements.  Manager Herbek responded that he examined it, Mary Zimmermann and John Imbiano also looked at it and they are all comfortable with it.

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 New York State Department of State has awarded the Village of Croton-on-Hudson a $50,000 grant in April, 1999 to develop a regional signage system for Historic River Towns of Westchester, and

WHEREAS, the Westchester County Department of Planning was identified as a partner in the grant application since the County agreed to provide $50,000 in matching funds through in-kind services, and

WHEREAS, the total budget for this project is estimated to be $100,000, and

WHEREAS, even though the County will be providing the matching funds for this project it is the responsibility of the Village of Croton-on-Hudson to execute the contract with the DOS for this project, and

WHEREAS, an intermunicipal agreement will provide for this reallocation of funds to accomplish this project,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign agreement #C005895 with the New York State Department of State for the preparation of a Regional Signage System Study for the Historic River Towns of Westchester.

Discussion:  Trustee McCarthy asked what is this going to require us to do as far as our village resources, personnel, etc. and was advised that it would only require handling the paperwork.

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 has available $311,789.75 for the automation of Village Wells #1, 3, and 4, and

WHEREAS, additional funds are available from the water fund contingent account which can be utilized for this project, and

WHEREAS, bids were opened on September 14, 1999, at which time only one company, F.A. Burchetta Co, Inc., submitted a bid in the amount of $325,930.00, and

WHEREAS, the Village’s consultant, John O’Connell of Lynch Engineering has recommended that the contract be awarded to F.A. Burchetta Co., Inc., and

WHEREAS, the Village Engineer concurs with this recommendation, and

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to award a contract to the lowest responsible bidder meeting specifications, F.A. Burchetta Co., Inc. for their bid of $325,930.00 for the Control Automation of Well Sites 1, 3 and 4 Project: and be it

FURTHER RESOLVED the Treasurer has reviewed the budget and has requested the following budget transfer to accommodate this work:

Increase   002-9950.900    by      $  14,140.25     (Transfer to Capital )
Decrease  002-1990.400    by      $  14,140.25     (Contingent )
Increase   003-8340.2081  by      $  14,140.25     (Well Field Automation)
Increase   003-5031.2081  by      $  14,140.25     (Well Field Automation)

Now Therefore be it resolved that the Village Treasurer amend the 1999 -2000 General and Capital fund budgets to reflect these changes.

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 Board of Trustees previously awarded a contract to Bilotta Construction Company of Montrose, New York for the Water Main Extension Project along Albany Post Road, from Arrowcrest Road to Warren Road, and

WHEREAS, it is essential for this project to have adequate engineering and inspection services in order to comply with all of Westchester County Health Department requirements and also to insure the project is completed in accordance with the detailed plans and specifications for this project, and

WHEREAS, the Village has received a proposal from Kellard Engineering And Consulting Inc. in the amount of an estimated cost of $30,000.00 to cover the inspection services, and

WHEREAS, adequate funds are available in the capital account established for this project, and

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to enter into a contract with Kellard Engineering and Consulting Inc. for an estimated cost of $30,000.00 to provide the inspection for the Water Main Extension Project.

Discussion:  Trustee McCarthy asked whether or not the village solicited any other proposals.  Manager Herbek said they had not as Kellard is the company that prepared the contract documents and he thinks it is a wise move to have them also do the inspection services for the project they designed.

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:

WHEREAS, the Police Department has requested funds in their budget lines to be amended to address the need for an up to date software programs needed for their computer operations; and

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

Increase   3120.400  by      $   6,850.00     (Contractual Expense )
Decrease  1990.400  by      $   6,850.00     (Contingent )

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

8.      REPORTS:

Village Manager Herbek stated that he has a proposal from Land Surveyers to survey the pedestrian easement and asked the Board how to handle the situation.  The safety of the easement was discussed and it was decided to have the survey done.

Manager Herbek mentioned a possible agenda item for the next work session: power equipment and noise on the weekends.

Trustee Watkins questioned the results of the application that was made for storm damage.  Manager Herbek explained that the Village had submitted the necessary documentation so that it is recognized as an agency that will be an applicant for Federal funds.  The FEMA team will be scheduling a date to meet with them to go through the specifics of the damage that they had.  It will probably be several months before they hear what will be covered.

Trustee McCarthy stated that the ZBA mentioned again that they would like the Visual Environment Board minutes.  She also said that concern was expressed to her about banners in the Village.  They are not permitted and this should be enforced.  She stated that she had recently spent about 5 hours in the Village Office going through inspection reports on Metro-Enviro and will have a report shortly.  She requested that this item be put on a work session agenda.  She has concerns after viewing the reports.  Certain questions repeatedly go unanswered and yet without answers we cannot tell whether there is sufficient compliance with the permit as it stands.  She detailed certain provisions of the operations manual and how Metro-Enviro may be in violation.  She stated that under the permit, Metro-Enviro is entitled to have a tonnage increase from 750 tons to 850 tons unless the Village Board determines that there is a detrimental impact on the community.  The fact of the matter is that they have not operated at a sufficient level of tonnage to determine the impact.

Trustee Watkins stated that Metro-Enviro already received an automatic increase earlier this year to 850 tons.

Trustee Grant stated we don’t have their history on record.  There have been no recorded violations that have not been corrected and therefore the tonnage was automatically increased.  In my opinion the operation is being run very well and I go down there every two or three weeks.  The DEC is there every week and not filing violation notices.

After further discussion, Mayor Elliott stated that the subject would be put on a future work session.

Trustee Daubney announced that the Library book and bake sale will be held on November 7th.  He said he received the Village Newsletter in the mail and felt it was very informative.  He questioned the information provided on the fall leaf pickup.

Mayor Elliott announced the formation of the Comprehensive Master Plan Committee and named the five members: Larry Bickford, Kurt Carlson, Paul Doyle, Ann Gallelli, and Roger Solymosy.

Mayor Elliott also announced the appointment of Ken Sargeant to the CAC and Tomas Szoboszlai to the ZBA.

Trustee Daubney made a motion to adjourn the meeting, seconded by Trustee Grant and approved unanimously.

The meeting was adjourned at 10:20 PM.

Respectfully submitted,

Dianne C. Weeks, Secretary

Richard F. Herbek, Village Clerk