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January 4, 1999
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, January 4, 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 Manager Herbek          Trustee McCarthy
        Village Attorney Waldman                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:

Minutes of the December 21, 1998 regular board meeting were not available.  Approval held over until next 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                    $     13,160.14
                Water Fund             823.92                                           Capital Accounts        160,773.92
                Trust & Agency      8,336.48                                         
                                                 $  183,094.46

4.  CORRESPONDENCE:

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

A letter from Harry Henderson, 18 Franklin Avenue, asking that four signs be purchased by the Village and put up at certain locations in the Village.  Mayor Elliott suggested sending this on to the Planning Board and the VEB for consideration.  Trustee McCarthy stated that she felt something should be done and asked why refer it to other Boards.  Mayor Elliott
responded that the consolidation of signage has been a goal and this might be an opportunity to piggyback signs, which may, in the long run, cut down on signs.  Trustee Watkins added that there has been discussion about this and he remembers that this would be discussed at a later date, that the entrance signs should be completed and then this can be looked at again.  Trustee Grant stated that she is opposed to a proliferation of signs all over the Village and even these areas suggested may not cover the needs.  She added that this request should be thought out before starting to put up a lot of signs.  Village Manager Herbek stated that Dan Salzberg has also requested a similar type of sign for the Arboretum to be placed at Lounsbury and Old Post Road North; he added that some churches and temples have also asked about signs.  All Board members agreed to pass this proposal on to the Planning Board and VEB.  Trustee McCarthy suggested contacting the schools to see if they had signage needs which could be discussed at the same time.        

Two letters from Virginia Bacon, 27 Brook Street:

asking when the house at 31(33) Brook Street will be torn down as stated.  Village Manager Herbek stated that he has informed Ms. Bacon that the developer needs to be ready to begin the new structure immediately after demolition of 33 Brook Street and that rental or ownership is still being discussed for the site.
asking about the parking lot at the foot of Brook Street. Village Manager Herbek added that there is a need for additional parking which has been discussed previously; he suggested this be reviewed for consideration as a CDBG project.
        
1. The Notice of Tentative Special Franchise Assessment for 1999.  Village Manager Herbek reviewed the changes for the coming year.  Trustee Grant asked how Media One’s assessment could be reduced when they have made improvements during the year and rates have gone up.  Trustee Grant asked that this be looked into.  Village Manager Herbek replied that the Village gets no backup information for these assessments; they can be challenged, which would require special counsel.  Village Manager Herbek will call the State and ask for back up materials.

The Notice of Settlement Assessment for 1999 for Conrail Corp.,
which stayed the same as 1998.

A letter from Ann Gallelli, for the Planning Board, regarding their Signage Regulations review and enclosing a draft proposal.  Discussion followed on removing the ComputerEase sign from the closed store and the proposed ShopRite sign.  Mayor Elliott stated that he will speak to the new owners of the former ComputerEse store.  It was decided by Board members that Village Manager Herbek will speak to the ShopRite property owners prior to the work session and give them the Board’s objections and reaction to their proposed sign.  Further discussion will continue at the next work session.

CITIZEN PARTICIPATION:

Andy Mayti stated that the VFW received a letter from Ms. Cook informing them that a ship is going to be named after her son and the VFW has a picture at the Hall.  Mr. Mayti stated also that some time ago, there was discussion about renaming the five corners area Veterans’ Corner, but the suggestion was dropped; he asked how he would go about changing the name.  Mr. Mayti also stated that the VFW has discussed putting up a memorial for the Veterans and the Police Department.  Mayor Elliott replied that the Board will entertain the name change at the appropriate time.

Michelle Celarier, Nordica Drive, stated that at a previous meeting, testing of hazardous material at Metro Enviro was discussed; she assumed this was being done and is now concerned about going to this site as a citizen monitor without protective gear; she asked what progress is being made.  Trustee McCarthy stated that this matter should be covered at Monday’s work session; adding that she wants random testing at the site to assure the safety of the citizen monitors as well as residents.  Mayor Elliott stated that Mike Lee is preparing a report which will be available shortly.  Trustee McCarthy asked if the previous issue of fees and charges has been followed up on.  Village Attorney Waldman replied that he has not compiled this information, but has it on his agenda.  Trustee McCarthy suggested this be done soon, especially if proper testing is to be done, she would like to know where the Village stands on this issue.  

John Giglio stated that air quality coming from Metro Enviro should be tested also; that there were heavy clouds of dust coming from two trucks today which was not being controlled as far as he could see.  Trustee McCarthy asked Mr. Giglio if he had completed a report, when he replied that he had not, she asked that he do so.  Village Manager Herbek added that construction of the building covering the pan and tracks at Metro Enviro is scheduled to begin next week.  Village Manager Herbek stated that he reviews all reports that come in and if anything requires further action, he sends someone out; anyone is welcome to come to the Village Office and look these reports over.  Trustee McCarthy also asked that the Engineer’s Dept. give Board members copies of monthly reports.  Trustee Grant stated that it should be kept in mind that professionals, Mike Lee and the Citizens’ Committee made the statement that if 41 conditions of the permit are met, there will be no negative impact on the environment.   Trustee Grant also suggested testing the runoff from the basins that were put in place.  Mr. Giglio replied that he did see these basins recently and there was frozen material blocking the flow; he added that he and Paul Rolnick wrote up a report.  Village Manager Herbek replied that this report was not delivered to the Village Offices.   Trustee Watkins stated that Mike Lee should be consulted about what testing should be done and how to do it.  Trustee McCarthy added that the Citizens Committee chair should send in a regular schedule of who was to inspect Metro Enviro, if it was done and when.

David Jarc, 1 Observatory Drive, asked what the Village’s accident liability is with the acceptance of the Rt. 9 walkway bridge. Mr. Jarc spoke about the sidewalk issues in the Village and suggested a tax credit in the form of a public certificate could be issued by the Village Engineer per square foot of sidewalk replaced and this could be submitted when paying taxes for credit at this time.  Mayor Elliott replied that they could look into the legality of the tax credit and research this further. Mayor Elliott responding to the question of liability, replied that he is assured that the Village is adequately covered; that anyone could sue anyone, but the first line of defense is a risk management to make sure that everything is done properly.

Karen Jescavage-Bernard, E. Quakerbridge Rd., asked the status of the public access to public records, that the old policy was still in force last week.  Village Manager Herbek replied that he had a staff meeting immediately following the last meeting and explained the new policy; he reinforced that by speaking to another member of the staff who perhaps gave erroneous information.  Ms. Jescavage-Bernard suggested that the policy be in writing.  Trustee Grant presented Village Manager Herbek with a draft she composed encompassing the previously agreed content for a written policy on this issue.  Trustee Grant asked Village Attorney Waldman to look over this draft for legality.  Trustee McCarthy stated that the policy should delineate timing only, that the statute defines what material is covered under the Freedom of Information Act.  Mayor Elliott replied that in practical terms, the policy as discussed previously is in place and everyone can take time to review this draft for discussion at a later time.

Ann DiCioccio asked about the house that was to be torn down on Brook Street and stated that she read in the paper that it is not going to be affordable housing, but low income housing; she asked if Croton people get first preference, will there be applications, will the income requirements be the same and will everyone know about it.  Mayor Elliott replied that this was discussed earlier, and the Village is awaiting a report from the Housing Network, which should answer these questions.  Trustee McCarthy stated that it has been discussed to turn this property into rental units instead of an owner-occupied unit.  Trustee Grant stated that she has tried to contact Ms. Bacon to keep her apprised of the plans and will contact her directly again.

Daniel Salzberg asked about the status of the picture tunnel; that he understands that it is on hold and asked if any progress is being made and when the final decision will be made.  Mayor Elliott replied that they have passed all suggestions on to Metro North for consideration; when he hears back from them, this issue will be put on an agenda.  Trustee McCarthy added that she feels there is a need to retain Charles Sells to work with the Village and CTE Engineers and asked that funds be appropriated to do this.
RESOLUTIONS:

a)      Trustee Grant made a motion authorizing the Village Manager to sign the Intermunicipal Agreement (IMA) for Multiple Enforcement for Injury Prevention Grant which will run from 10/198 to 9/30/99.  Trustee Watkins seconded the motion. Vote was taken, with all voting “aye”.

Discussion:  The Police Department recommended the signing of this agreement.  Village Attorney Waldman is comfortable with the standard wording of the document and the insurance carrier is also in agreement that this is appropriate.

Budget Modifications:

1.  On motion of  TRUSTEE DAUBNEY,  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 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 Village Engineer has requested appropriations in his budget lines to be amended to cover the cost of overtime incurred during the transition period covering the departure of the senior steno from his office; and

WHEREAS: the Village Engineer, in conjunction with the Treasurer have reviewed the budget and have requested the following budget transfers to accommodate the budgetary shortfalls:

Increase   1440.120  by      $  1,000.00     ( Personnel Services P/T)
Decrease  1440.110  by      $  1,000.00     (Personnel Services O/T)

Now Therefore be it resolved that the Village Treasurer amend the 1998 -1999 General Fund budget to reflect these changes.

2.  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 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 Highway department has requested funds in their budget lines to be amended to cover the cost of additional repairs to the recycling truck; and

WHEREAS: the Director of Public Works, in conjunction with the Treasurer have reviewed the budget and have requested the following budget transfers to accommodate the budgetary shortfalls:

Increase   8090.470  by      $   2,000.00     ( vehicle maintenance & repairs)
Decrease  8160.470  by      $   2,000.00     (vehicle maintenance & repairs)

Now Therefore be it resolved that the Village Treasurer amend the 1998 -1999 General Fund budget to reflect these changes.


3.      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 or a change in operations resulting in a budgeted shortfall must bring said condition to the attention of the Village Board with recommendations for a workable solution; and

WHEREAS, the Public Works department has requested funds in their budget lines to be amended to cover the cost of unbudgeted purchase of bacteria culture enzymes for the sanitary sewer system; and

WHEREAS: the Director of Public Works, in conjunction with the Treasurer have reviewed the budget and have requested the following budget transfers to accommodate the budgetary shortfalls:

Increase   8120.420  by      $   2,000.00     ( Sewer supplies )
Decrease  1990.400  by      $   2,000.00     ( Contingent  Account )

Now Therefore be it resolved that the Village Treasurer amend the 1998 -1999 General Fund budget to reflect these changes.

4.     On motion of  TRUSTEE McCarthy,  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 Public Works Department of the Village of Croton-on-Hudson has budgeted for a new network computer for its use; and

WHEREAS, the Department head has encountered additional requirements for the new system to comply with the Y2K problem  and has received recommendations from the Village’s computer consultant; and

WHEREAS, the Public Works Department has requested additional funds in their budget lines to be amended to cover the cost of the additional purchase; and

WHEREAS: the Director of Public Works, in conjunction with the Treasurer have reviewed the budget and have requested the following budget transfers to accommodate the budgetary shortfalls:

Increase   5010.200  by      $   3,000.00     ( Equipment )
Decrease  9015.800  by      $   3,000.00     ( Retirement )

Now Therefore be it resolved that the Village Treasurer amend the 1998 -1999 General Fund budget to reflect these changes.

5.   On motion of  TRUSTEE MCCARTHY,  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 Village of Croton wishes to increase the appropriation designated to offset the assessed valuation shortfall in the 1998-99 budget; and

WHEREAS, the Village of Croton has received unanticipated revenues which may be used to offset said shortfall. Now therefore be it

RESOLVED that the Village Treasurer is hereby authorized to amend the 1998-99 General Fund by $33,503.00 affecting the following accounts:

Increase   001. 2665  by   $ 16,525.00     ( Sale of Surplus Equipment )
Increase   001. 2701  by   $ 16,978.00     ( Refunds from Prior Year )
Increase 1990. 0424  by   $ 33,503.00     ( Administration )
        
6)      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 gate which was installed by the Village on North Highland Place to prevent through traffic between Phase 1 and Phase 2 of River Landing was destroyed; and

WHEREAS, a new gate has been ordered to replace this gate which is designed to be a more substantial gate than the previous gate; and

WHEREAS, sufficient funds are necessary to purchase the new gate;

NOW THEREFORE BE IT RESOLVED: that the Village Treasurer is hereby authorized to make the following budget modification:

Transfer $1,250.00 from Account 001-1990-0400 to Account 01-5110-0400.


Discussion:  The Village will salvage and reuse as much of the old gate as possible; if the new gate is damaged, liability will be vigorously pursued.


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 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 Highway department has requested funds in their budget lines to be amended to cover the cost of a computer program update for the Village garage; and

WHEREAS: the Director of Public Works, in conjunction with the Treasurer have reviewed the budget and have requested the following budget transfers to accommodate the budgetary shortfalls:

Increase   1640.400  by      $   2,000.00     ( Central Garage Contractual)
Decrease  1640.460  by      $   2,000.00     (Central Garage buildings)

Now Therefore be it resolved that the Village Treasurer amend the 1998 -1999 General Fund budget to reflect these changes.


REPORTS:

Village Manager Herbek reported the findings of the sanitary sewer odor problem; he would like to get proposals to run a TV camera through the sewer line to see if there are specific problems; many things have been done and he has been advised that this now would be appropriate to do.  Village Manager Herbek reported also that he has received a copy of an application to the Town of Cortlandt from Bell Atlantic Mobile to affix an antenna on an existing towers.

Trustee Watkins asked about the status of the entrance signs.  Village Manager Herbek has not heard recently and will call the vendor.  Trustee Watkins asked also about the Waterfront Property Survey that was recently completed.   Village Manager Herbek replied that this was just wrapped up and results of the survey will be discussed at the February 4th meeting of the Waterfront Committee.  Trustee Watkins reported that at the bottom of Brook Street, where it meets Riverside, material is piled up and it is almost impossible to see to the right at this junction; he asked that this material be moved.

Trustee McCarthy asked to appropriate funds to retain Charles Sells to assist the Village in discussion with CTE.  Mayor Elliott replied that he is not opposed to that but would like to hear the response from CTE first.  Trustee McCarthy asked if the sewage treatment plant is scheduled for a work session.  Village Manager Herbek replied that this will be on next Monday’s work session agenda.

Trustee Daubney reported that ice is 5 ½  inches thick on the Duck Pond and 6 inches is the requirement to allow skating, so it should be available for skating very soon.  Trustee Daubney reported also that the Silver Lake trail is in nice shape and residents should take advantage of the experience.

Trustee Grant wished everyone a happy New Year.  Trustee Grant also reported that the notice of tonight’s meeting was not in the newspaper and asked that future meetings be posted.









Trustee Daubney made a motion to adjourn.  Trustee Watkins seconded the motion.  The meeting was adjourned at 10:00 P.M.



Respectfully submitted,




Phyllis A. Bradbury, Secretary




                                                                
Village Clerk/Deputy Clerk