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June 21, 1999
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, June 21, 1999 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.

The following officials were present:

        Mayor Elliott                           
Treasurer Reardon                       Trustee Grant
        Village Manager Herbek          Trustee McCarthy
        Village Attorney Waldman                Trustee Watkins
        Absent:  Trustee Daubney

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:

Trustee Grant made a motion to approve the minutes of the Regular Board Meeting held on June 1, 1999 as corrected.  Trustee McCarthy seconded the motion.  Trustee Grant, McCarthy and Mayor Elliott voted for approval, and Trustee Watkins abstained.


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.  It was noted that these figures include the yearly blanket purchase orders.

General Fund                    $ 3,061,425.12
Water Fund                            591,561.97
Capital Accounts                              985,617.70
Trust & Agency                            6,444.02
                                         $ 4,645,048.81

4.  CORRESPONDENCE:

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

A letter from Portia M. Clark, 92 Old Post Road, S. announcing her resignation from the Conservation Advisory Council.  Mayor Elliott and the Board of Trustees thanked Ms. Clark for her work for the Village, especially for the brochure explaining what the CAC does.
A letter from Marion and Edward Lakatos, 120 Truesdale Drive (and others) regarding boat traffic, camping, and open fires on and around the Croton River.  Village Manager Herbek stated that he has put on the agenda of the July 8th work session, the park ranger position and issues related to this problem; he added that the problems are not just from the Croton shoreline; there is concern regarding the type of things that should not be occurring along the river; it is difficult for the police to respond; this issue was brought up at the annual meeting of the Conference of Mayors; there may be other resolutions that have not been explored.  Trustee McCarthy stated that she visited the Nordica Drive area that is being used as access to the river and it is very steep, hard to traverse and should be looked at.  Trustee McCarthy added that the residents of Nordica and Truesdale should be notified of the work session.  Trustee Watkins stated that he has spoken to Phyllis Morrow and asked to have as many residents as possible to attend the work session; he added that he also visited the area.  Ms. Morrow read her letter to the Board, dated 6/17/99; she asked for a moratorium on parking.  Trustee McCarthy stated that the Board must past a local law in order to restrict parking; she also does not want to inconvenience residents of Nordica Drive.  Village Manager Herbek responded that the Village Code stated that the installation of signs is delegated to the Village Manager; there is concern that if one small area is designated as no parking, the parkers will just move and park further down Nordica Drive.  Village Attorney Waldman stated that the Village could legally declare a temporary no parking restriction and also publish a time limit.  Mayor Elliott suggested no parking in specified 30-foot area, on Saturday, Sunday and Monday for one weekend and note any complaints from other neighbors.  Village Manager Herbek added that he has the authority to declare an emergency; but the area declared a no parking zone must be described in a legal notice, published in the Gazette and it then becomes an amendment in the Code Book; it must be very clear that the Village has followed the proper rules for enforcement purposes.  Village Attorney Waldman stated that he would feel more comfortable if the notice include the time period for the restriction. Trustee Grant stated that she is as concerned about access to the area and would like to see it blocked off with perhaps a barrier, as well as the parking restrictions.  Michelle Celarier stated that the issue is bigger than stated tonight; she has observed people swimming where she thought was restricted and would like a patrol assigned; she also suggested registration parking for Croton residents.
A letter from residents of Hunter St., High St, Palmer Ave. and Farrington Ave. requesting the closing of a portion of Hunter Street for a block party on Saturday August 7, 1999.  Trustee Grant made a motion to approved this request; Trustee McCarthy seconded the motion; unanimous approval.
A Notice of Public Hearing and Description of Projects from Metropolitan Transportation Authority (MTA).
A letter from Georgia Griffith, General Manager, Media One, regarding their proposed merger with AT&T.
A letter from Julie Esca, 120 Mt. Airy Road, suggesting the Village have their own Paramedic unit.  Village Manager Herbek stated that this was extensively researched and led to the use of a fly car; he can pull together the statistics.  Trustee McCarthy added that the whole ambulance provision service has changed considerably and neighboring towns are using the contractual services with varying financial arrangements.
A letter from Steven Katz and Robert Snadowsky, Kayson Chevrolet, suggesting interest in purchasing or leasing the Village’s sewage plan property.  Trustee Watkins stated that the response should be that the Village is not interested in leasing or selling at this time.
A letter from John Imbiano, Gateway Committee Chairman, with recommendations of possible uses for the Sewage Treatment Property.   Trustee McCarthy stated that she has spoken with residents and an interim solution for the young people for in line skating was to use the parking lot at PVC and asked that this be moved forward.  Village Manager Herbek replied that the school district officials will not agree to this unless supervision is provided; he is trying to get an agreement using college students to supervise, as well as dates and times for a meeting; he has not been able to set up the meeting as yet, but it is on the work session for July 8th.  Trustee McCarthy stated also that the possible use of the old PVC tennis court was discussed, there was objection by some residents, but perhaps the Board could meet with these residents.  Trustee Grant stated that Gail Sasso should be notified first, as she may not want to address the use of the tennis courts again.
A letter from Kathleen M. Riedy, Attorney, regarding her application for special permit for her to lease the ground floor of the building located at 285 Grand Street for use as a law office.  Village Attorney Waldman stated that he will have to go to the Planning Board to research the prior and proposed usage.  Ms. Riedy was in attendance at this meeting and stated that she would like to use approximately 550 square foot of office space on the ground floor of a residential building; she will address the section of the code that is the basis of the application.  Ms. Macdonald, owner of the building, stated that when she purchased the building in 1997, she believed the first floor could be rented as non-resident as long as there was only one employee.  The decision of the Board was to refer this to the Planning Board, along with any additional information available.
A letter from Matt Donepp, stating his opinion that the Village should not have a limited use ballfield on prime riverfront property

CITIZEN PARTICIPATION:
No comments were offered.

6.      RESOLUTIONS:
Trustee Grant made a motion to approve the resolution referring Local Law Introductory #4 of 1999 and Local law Introductory #5 of 1999 to the Village Planning Board and the Westchester County Planning Board for recommendation and public hearing.  Trustee Watkins seconded the motion.  Upon recommendation of Trustee McCarthy, Trustee Grant amended the motion to split the resolution into two separate items, to strike reference to Local Law Introductory #5 of 1999, then adopt an identical resolution for Local Law Introductory #5 of 1999.  Trustee Watkins seconded the amended motion.
a1)     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 the following vote: Trustees Grant, Watkins and Mayor Elliott voted “aye”, Trustee McCarthy voted “nay”.  

WHEREAS, the Village Board adopted Local Law #1 of 1999 with regard to the issue of non-conforming uses and special permits on January 19 1999 and

WHEREAS, this matter was not referred to the Village Planning Board as is required in Section 230-82 of the Village Code, and

WHEREAS, in order to correct this procedural error the Village Board will need to reconsider and take action upon the proposed law after obtaining the recommendation of the Village Planning Board on this matter, and

WHEREAS, the Village Board has decided to split the Local Law into two separate Local Laws, and

WHEREAS, proposed Local Law Introductory # 4 of 1999 amends Section 230-53-A to authorize the Village Board of Trustees to issue a special use permit for enlargement or extension of a nonconforming office or retail store use in an RB District;

NOW THEREFORE BE IT RESOLVED: that Local Law Introductory # 4 of 1999 is hereby referred to the Village Planning Board and the Westchester County Planning Board for recommendation back to the Board of Trustees in accordance with the provisions of Section 230-82 of the Village Code, and

BE IT FURTHER RESOLVED: that a public hearing is hereby called to consider these proposed Local Laws for Tuesday night July 6, 1999 at 8:00 PM in the Meeting Room of the Municipal Building.


a2)     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 Board adopted Local Law #1 of 1999 with regard to the issue of non-conforming uses and special permits on January 19 1999 and

WHEREAS, this matter was not referred to the Village Planning Board as is required in Section 230-82 of the Village Code, and

WHEREAS, in order to correct this procedural error the Village Board will need to reconsider and take action upon the proposed law after obtaining the recommendation of the Village Planning Board on this matter, and

WHEREAS, the Village Board has decided to split the Local Law into two separate Local Laws, and

WHEREAS, proposed Local Law Introductory # 5 of 1999 amends Section 230-55 by deleting the phrase which provided that when a special permit is granted, the permitted use shall be deemed conforming;

NOW THEREFORE BE IT RESOLVED: that Local Law Introductory # 5 of 1999 is hereby referred to the Village Planning Board and the Westchester County Planning Board for recommendation back to the Board of Trustees in accordance with the provisions of Section 230-82 of the Village Code, and

BE IT FURTHER RESOLVED: that a public hearing is hereby called to consider these proposed Local Laws for Tuesday night July 6, 1999 at 8:00 PM in the Meeting Room of the Municipal Building.

Trustee Grant made a motion to approve the resolution authorizing the Village Manager to sign the agreement for Drug and Alcohol Testing Services with Healthstar Network.  Trustee McCarthy seconded the motion.  Vote was taken, with all Trustees voting “aye”.  Trustee Grant asked Village Manager Herbek to check with Ken Kraft to assure that summer help appropriately use safety glasses and ear covers when operating Village machinery.

c)      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:  Lorraine Pennington was unanimously appointed as Deputy Village Treasurer on July 20, 1998; and

WHEREAS:  the Personnel Office of the County of Westchester has informed us that they are now making their request to the New York State Civil Service Commission for the Deputy Village Treasurer to be in the Exempt Class; now, therefore, be it

RESOLVED:  that Lorraine Pennington, 219 Kings Ferry Road, Verplanck, NY, is hereby appointed to the position of Deputy Village Treasurer, who shall act generally for and on behalf of the Village Treasurer, effective July 6, 1998.

e1)     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 Treasurer of the Village of Croton-on-Hudson has determined the need for budget modifications in the following accounts in the 1998-99 general Fund appropriations; and

WHEREAS, the departments affected have discussed the transfers with the Treasurer and having reviewed the budget request the following budget transfers:

Increase   1230.100  by      $          576.00     ( Personnel  )
Increase   1420.400  by      $       6,203.00     ( Contractual )
Increase   1620.110  by      $       1,906.00     ( Personnel )
Increase   4020.110  by      $            33.00     ( Personnel )
Increase   5183.110  by      $       9,455.00     (Personnel )
Increase   8010.110  by      $          300.00     (Personnel )
Increase   8090.110  by      $       7,196.00     (Personnel )
Increase   9030.800  by      $       2,113.00     (F. I. C. A. )
Decrease  1110.400  by      $       9,580.00     (Contractual )
Decrease  1440.100  by      $       2,000.00     (Personnel )
Decrease  1640.100  by      $       2,000.00     (Personnel )
Decrease  1640.110  by      $       5,000.00     (Personnel )
Decrease  1640.120  by      $       3,000.00     (Personnel )
Decrease  1910.400  by      $       3,819.00     (Contractual )
Decrease  8140.110  by      $       2,383.00     (Personnel )

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

e2) 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 Treasurer of the Village of Croton-on-Hudson has determined the need for budget modifications in the following accounts in the 1998-99 Water Fund appropriations; and

WHEREAS, the departments affected have discussed the transfers with the Treasurer and having reviewed the budget request the following budget transfers:

Increase   002-9030.800  by      $       775.00     ( Benefits  )
Increase   002-9060.800  by      $       188.00     (Benefits )
Increase   002-9730.700  by      $    5,533.00     ( B. A. N. ’s )
Increase   002-9951.900  by      $  34,100.00     ( Transfers )
Decrease  002-8310.400  by      $    6,496.00     ( Contractual )
Decrease  002-9956.900  by      $  34,100.00     (Transfers )

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

e3)     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 Manager in conjunction with the Village Engineer and the DPW Department Head have addressed a water problem at 129 Old Post Road North in the 1998-99 Capital budget; and

WHEREAS the Village Treasurer wishes to amend the 1998-99 Water fund, and Capital Fund Operating budgets effecting the following accounts;

Increase   002-9950.0900                     by    $ 3,253.75  ( Transfers )
Decrease  002-8310.0400                     by    $ 3,253.75  ( Contractual )
Increase   003-8340.0200.9899.0013   by    $ 3,253.75  (Chin water Supply)
Increase   003-0003.5031.9899.0013   by    $ 3,253.75  (Chin water Supply)

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

7.        REPORTS:

Village Manager Herbek reported items that will be on the next work session’s agenda include budget finalization, storage building for fire apparatus, update on traffic strategy, Cleveland Drive, Recreation supervisor position, Town of Cortland VFW building, skateboarding issue and park ranger.  Village Manager Herbek reported that the ramps on the Pedestrian Bridge are open; there is some work to be done yet, but he encouraged people to begin using the bridge and take note of the spectacular view.  Village Manager Herbek asked that the Board adjourn to Executive Session for an update of the 33 Brook Street project.

Trustee Watkins stated that he would like the Water Control Commission to be included in discussions of the railroad tie removal.  Trustee Watkins asked if the Arboretum water supply problem is resolved.  Village Manager Herbek replied that they have checked on this and it is now at least 32 gallons per minute.  Trustee Watkins reported that about 150 residences still remain on the Ossining sewer district rolls and suggested the Village write a letter to County Legislator Kaplowitz to have these residents taken off also.  Village Manager Herbek responded that he has prepared a resolution and has written a letter.  Trustee McCarthy stated that she presented the resolution orally to the County Board of Legislators’ meeting she attended recently.  Trustee Watkins asked for an update on the posts for the new sign.  Village Manager Herbek replied that he will check on this.

Trustee McCarthy reported on the recent NY Conference of Mayor’s annual meeting which she attended; she attended worthwhile seminars, one of which was on downtown planning.  Trustee McCarthy stated that she would like a joint meeting with the Chamber of Commerce and bring up her request to hire someone to assist in developing the Village’s vision for the business district and help bring the vision to fruition.  Trustee McCarthy asked that a report on Village preparations for Y2K be put on a work session; discussing if the Village is prepared and the plans. Trustee McCarthy reported that she attended the ZBA meeting and they asked that a date be set to meet regarding application fees and suggested this be put on a summer work session.  Village Manager Herbek replied that he has it scheduled for a future work session.  Trustee McCarthy reported also that the ZBA suggested a joint meeting with all Boards at least once a year to discuss mutual concerns; also that the ZBA would like copies of the VEB meeting minutes.  Trustee McCarthy reported that a resident expressed concern that there was no place in the Village for young people to socialize; there is a need to talk some more regarding places to meet and socialize; suggestions are welcome.  Trustee McCarthy stated that she would like to reinstate discussion to develop a system to alleviate traffic congestion experienced on Rt. 9A during the morning. Mayor
Elliott replied that one of the things the Rivertowns Committee has taken up is Rt. 9 traffic and they are willing to take up these issues.

Trustee Grant stated that she would reinforce the ZBA suggestion for a joint meeting this year.  Trustee Grant reported that the Pedestrian Bridge view is extraordinarily beautiful, but she hoped that the orange stantions on N. Riverside Avenue will be removed soon. Village Manager Herbek replied that the contractor is moving forward, but it is hard to predict when they will be completed with the project. Trustee Grant stated that she is opposed to purchasing a modular building to store fire equipment; that she was assured there would be a place to temporarily store the equipment until the firehouse construction is completed and would like to explore every possible alternative.  Trustee McCarthy stated that she firmly agrees with this position and believes a building such as the Village garage could be utilized.

Mayor Elliott reported that the Conference of Mayors’ annual meeting did offer great programs and interesting items are being explored.  Mayor Elliott reported that the Chamber of Commerce and the Historical Society will meet at the Cambridge House on Thursday night.  Mayor Elliott also stated that the Village’s insurance company has been working on the Y2K issue for a number of years, surveyed its clients, including the Village and has gotten back to those who felt they weren’t prepared and has offered professional assistance to those who needed it.   Mayor Elliott congratulated the Fire Department for quickly containing a kitchen fire recently.  He thanked Village Manager Herbek, the Recreation Dept. members and the Fire Department for their major role in making the Clearwater festival a big success.  Mayor Elliott officially announced that Joyce Finnerty is replacing Jane Northshield as Village Historian.  Mayor Elliott also reported that the Asbury Methodist Church celebrated Thelma Ells’ 100th birthday.

Trustee Grant made a motion to adjourn to Executive Session to discuss a real estate matter; Trustee McCarthy seconded the motion; unanimous approval.

The meeting was adjourned at 10:10 PM.

Respectfully submitted,


Phyllis A. Bradbury, Secretary



Richard F. Herbek
Village Clerk