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November 1 1999
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, November 1, 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 Watkins
        Village Manager Herbek                  Trustee McCarthy
        Village Attorney Waldman                
        Absent:  Trustee Grant


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


Trustee Daubney made a motion to approve the minutes of the Regular Board Meeting held on October 18, 1999 as corrected.  Trustee McCarthy seconded the motion.  The Board voted unanimous approval.


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            $  146,856.10
                Water Fund                                 639.81
                Capital Accounts                      38,097.74
                        $  185,593.65


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

A letter from Steven Hirsch, Scenic Ridge Homeowners Asso. requesting speed bumps on Amber Drive.  Village Manager Herbek stated that speed bumps are illegal in NYS on public roads; speed humps are being tried, but he is not in favor of putting them in any location in the Village and feels that they would not solve the problem; suggested that the traffic engineer, who is coming in November, look at this road; radar enforcement is preferred method in NY State.  Trustee McCarthy inquired why the traffic engineer would not be coming until November.  Village Manager Herbek replied that there has been scheduling problems as well as the recent storm.  Trustee Daubney stated that Mr. Hirsch does not indicate if this is local traffic or through traffic and he should work with local residents to encourage each other to obey speed limits.
A letter from Joann Minett, 5 Van Cortlandt Place, requesting a waiver for a fence and the application fee.   Trustee McCarthy made a motion to approve the waiving of the application fee and fence height.  Trustee Watkins seconded the motion; unanimous approval.
A letter from the Gesue family, 16 Prickly Pear Hill, regarding traffic on Prickly Pear Hill and a storage facility-caddy shack structure on Hudson National Golf Course that is right across the road from his residence.  Trustee Daubney asked if what was done in Hudson National is appropriate.  Ann Gallelli, Planning Board Chair, replied that the caddy shack is in an approved area, however, the special permit does say that commercial traffic should be entering and exiting through Arrowcrest; local delivery may enter via Prickly Pear Hill, but must exit through Arrowcrest.  Mayor Elliott stated that involved parties should sit down with the golf course management and discuss these issues.


Anna Lattanzi, Grand Street, stated that she has no objection to the application of Nancy Kennedy, but was offended by things said at a recent meeting and the manner in which the application was accepted by the Board.  Ms. Lattanzi questioned the meaning of recuse and the Village Attorney Waldman’s interpretation of spot zoning.  Ms. Lattanzi stated that she believes there is an issue of illegality of the amendment to the Village Code and wants the recently approved Village law taken off the books; she recounted past issues with Nancy Kennedy’s business operating under a special use permit; wants the building put back into compliance and trees put back.   Village Manager Herbek referred to a letter from Nancy Kennedy regarding landscape screening and the upgrading and replacing of plantings which will be done in early spring; the letter stated also that Ms. Lattanzi is invited to participate in choosing the evergreens to be planted.  On the issue of tanks being properly sealed, Village Manager Herbek responded that these have been filled with sand, which was proper at the time it was done.  Ms. Lattanzi stated that she believes Trustee Watkins’ involvement with Perry Kennedy’s web site as a referred or preferred attorney is a possible conflict of interest and he should not have voted in the Perry Kennedy application.  When questioned, Trustee McCarthy stated she personally tends to be very conservative on this issue and err on the direction of conservatism but there are two different issues that have been brought up with the Perry Kennedy application; one was that if Mr. Watkins was required to recuse himself based upon conflict of interest; there are two credible sides to the issue; a different issue is raised in connection with a recusal which occurred which is then reversed and what, as a matter of policy, should occur in that context.   Trustee McCarthy added that she had discussed this with Ms. Lattanzi at a previous time.

Mark Aarons, 18 Georgia Lane, stated that he is concerned about procedures and methods on how votes are taken on issues and asked Trustee Watkins if he does get referral business from Perry Kennedy.  Trustee Watkins replied that he has in the past, as well as from many other real estate businesses in Croton; however, real estate is not the majority of his practice.  Trustee Watkins stated that he does work for many people and many businesses in the Village, adding that he did not know his name was on that web site and after he found out, he has had his name removed; he also stated that he felt it was appropriate for him to vote at that point in time.  Mr. Aarons stated that he has a certain issue with anyone who has a commercial benefit voting on anything for any business in town.  Trustee Watkins replied that prior to the vote, he consulted with the Village Attorney and other attorneys; he believes that there are two sides to every issue and that he respects Mr. Aarons opinion.  Mr. Aarons questioned if trucks will be going into Croton Point Park to use methane gas from the landfill.  Mayor Elliott replied that this was a hypothetical question asked of an engineer regarding the capping of the landfill; there were a number of alternatives being explored by an engineering firm who appears before the Board regularly; they had been encouraging the County and Metro North to work together to use the methane gas and the sewer treatment facility; in the course of this discussion, someone hypothetically posed the question of whether or not this could be used for trucks and where such a station would be located.  Mayor Elliott added that there is no plan by the County to fuel trucks in such a manner and the Village has made it clear that this is not an appropriate use.

a1)     On motion of Trustee Daubney, seconded by Trustee Watkins, the following resolution was unanimously adopted by the Board of Trustees of the Village of Croton on Hudson, New York.

WHEREAS, the Treasurer has reviewed the year to date expenditures for each department and recommends the following modifications:

1.  Increase 1650.442 by        $  2,000.00     (Telephone Expense)
2.  Increase 1950.400 by        $     320.00    (Tax Expense)
3.  Increase 7550.120 by        $  4,194.00     (Celebrations)
4.  Increase 9956.900 by        $  9,702.00     (Inter Fund Transfers)
5.  Decrease 1960.404 by        $16,216.00      (Refunds on Real Property)

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

a2)     On motion of Trustee Daubney, seconded by Trustee Watkins, the following resolution was unanimously adopted by the Board of Trustees of the Village of Croton on Hudson, New York.

        WHEREAS the NYS Department of Motor Vehicles has mandated the testing of diesel truck emissions as part of their annual inspection requirements which will impact our DPW fleet.  The cost of this additional testing equipment was not funded in the current budget, and the Director of Public Works has requested a budget modification; and

WHEREAS, the Treasurer has reviewed the year to date expenditures for each department and recommends the following modifications:

                1.  Increase 1640.200 by        $6,240.00       (Equipment)
                2.  Decrease 1990.400 by        $6.240.00       (Contingent)

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

        b) On motion of TRUSTEE McCarthy, seconded by TRUSTEE Watkins, the  
following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York with the following vote:  

WHEREAS, Croton Yacht Club Commodore Robert Hiney wrote to the Village Board on July 29, 1999 with regard to certain amendments of the Croton Yacht Club lease to address the tax issue, and

WHEREAS, this matter was discussed at length by the Village Board at a work session on September 14, 1999 and the Village Board indicated its agreement with the Yacht Club on the proposed lease amendments,

NOW THEREFORE BE IT RESOLVED: that the Mayor is hereby authorized to sign the proposed lease amendment dated November 1, 1999 drafted by Paul Hoffmann and reviewed by Village Attorney Seymour Waldman.

        c)      On motion of TRUSTEE McCarthy, seconded by TRUSTEE Watkins the  
following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York with the following vote:  

WHEREAS, in a May 7, 1999 letter to the Board of Trustees Karen Jescavage Bernard recommended the appointment of six individuals as “Arboretum Water Monitors” and,

WHEREAS, the Village Board in a work session indicated their intent and agreement to appoint the Arboretum Water Monitors recommended by Ms. Bernard, and

WHEREAS, the Arboretum has requested that the names of the Water Monitors be memorialized by the Village Board of Trustees,

NOW THEREFORE BE IT RESOLVED: that Dr. Dan Salzberg, Roland Bogardus, Don Daubney, Susan Sammon, Susan Todd and Karen Jescavage Bernard are hereby appointed as “Water Monitors” and they are authorized to enter upon the Hudson National Golf Club property for the purpose of monitoring the measurement shown on the flow measurement device in accordance with paragraph 2 of the Arboretum Water Supply Agreement and

BE IT FURTHER RESOLVED: that the results of water monitoring inspections are to be provided in written form to the attention of the Village Engineer.
        d)      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 with the following vote:  

WHEREAS, bids were received for the proposed sewer improvements for the low pressure force main to connect from the vicinity of Municipal Place to the Seprieo Property, a project which is to be partially paid for through the Clean Air Clean Water Bond Act, and

WHEREAS, the bids have been evaluated by Dolph Rotfeld and Kary Ioannou who recommend that the bids be rejected for mathematical errors in the bid of the low bidder and also to include in the next bidding, additional recommendations from the County Health Department,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to reject the bids submitted for the Proposed Sewer Improvements for the Low Pressure Force Main and

BE IT FURTHER RESOLVED: that the Village Manager is hereby authorized to rebid this project.


Village Manager Herbek provided a memo to the Board of Trustees regarding Local Law #1 of 1999, amending Section 230-530A(1) and issues that need resolution.  Trustee McCarthy made a motion to repeal Local Law #1 and set the date of November 15, 1999 for a Public Hearing.  Trustee Watkins seconded the motion; approved unanimously.

Village Manager Herbek reported also that they are working to complete projects, one of which is the North Riverside Project; he has met with the construction firm and they are working on the punch list items; lights have been energized; they are trying to finish up the Dobbs Park improvement project; there has been a delay by the manufacturer of the equipment, but it should be completed in the next few weeks.

Village Manager Herbek commended the Village Recreation Dept. for the most successful Goblin Walk in the Village’s history; perhaps about 600 adults and children participated; he has set up an Ad Hoc committee to work with the Recreation Dept. to look at future needs for the ballfields.

Treasurer Reardon reported that in the near future, he would like to introduce a resolution to prohibit anyone with outstanding taxes from obtaining a building permit, with a discretionary clause.

Trustee Watkins reported that a lot of money was approved by the Board for renovation and work on Village fields and asked for a report.  Village Manager Herbek replied that this was moved up and made a priority to take advantage of the fall growing period; work has begun on all the fields; liaison Jim Harkins has been in almost daily contact with John Imbiano and the contractor; the individual who offered to donate funds for a batting cage has agreed that the Village may use these funds now for irrigation of Fireman’s Field and the batting cage contribution will come at a later date; he is getting a proposal from the contractor to sod Fireman’s Field outfield; this would require additional funds if a favorable quote is received.  Trustee Watkins stated that sod is expensive; if approved, then the Village should make a commitment to seed, aerate and maintain the field on a continuing basis to assure it stays in good shape.

Trustee Watkins reported that at a work session, the Board received a presentation by the Housing Network for an owner-occupied house on Brook Street; he thanked Nancy Shatzkin for her persistence.

Trustee McCarthy reported that the garbage pick up is being done late morning in the upper Village and suggested that the schedule be adjusted so it is picked up earlier; this would have an aesthetic impact and a favorable impact on parking.  Trustee Daubney added that it appears that trash pick up is not the same place, the same time, and that the routes are run differently.

Trustee Daubney reported that the Chamber of Commerce suggested the removal and replacement of a large tree on Benedict Blvd.  Trustee Daubney added that a large swan resided in the Duck Pond for a week and received many comments from Village residents.  Trustee Daubney reported also that the Chamber of Commerce has taken on a larger responsibility for decoration of the Village for the holiday.  Village Manager Herbek responded that there are some funds in the Trust and Agency account to replace the tree; the members of the VEB, CAC, Planning Board should be involved and asked for a recommendation, but this would not allow any work to be done before Spring.

Mayor Elliott reported that there are two high schools attended by students within the Village; that a number of residents attend Hen Hud school and Hen Hud football team has made it to the Section 1, Class B Sectional Finals and will be playing against Harrison for the Section 1 title.  

Mayor Elliott reported that the Veterans Day ceremony would be held at Veterans Corner on November 11th at 11 a.m.  Village Manager Herbek stated that they were trying to get the sign completed by Veterans’ Day, however, the company that is doing the work has experienced an unfortunate delay.

Trustee McCarthy made a motion to adjourn the meeting.  Trustee Watkins seconded the motion; approved unanimously.

The meeting was adjourned at 10 P.M.

Respectfully submitted,

Phyllis A. Bradbury, Secretary

Richard F. Herbek,
Village Clerk