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March 20, 2000

A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, March 20, 2000 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.


The following officials were present:           Trustee Grant           Trustee McCarthy                                                        Trustee Daubney Manager Herbek
                        Attorney Waldman        Treasurer Reardon

The following officials were absent:            Mayor Elliot            Trustee Watkins

CALL TO ORDER:

Trustee Grant called the meeting to order at 8:13 P.M..  Everyone joined in the Pledge of Allegiance.

Approval of Minutes:

Trustee Daubney made a motion to approve the minutes of the Regular Board Meeting held on March 6, 2000 as corrected.  The motion was seconded by Trustee McCarthy and approved unanimously.

3.  Approval of Vouchers:
        
        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            $  136,549.03
Water Fund                         975.59
Capital Acct.                   9,390.00
Trust & Agency                  1,907.50
                                $  148,822.12

CORRESPONDENCE:

Ruth L. Pierpont, NYS Office of Parks, Recreation and Historic Preservation,
Re:  Bethel Chapel recommendation on Register of Historic Places.

Trustee Grant congratulated the Asbury United Methodist Church for starting the procedure for the recommendation.

Randall Voinier, PE, Pennoni Associates, Inc., re: Traffic Calming Study.

Manager Herbek identified the four areas and one intersection chosen by Village to be evaluated.  These areas are suffering from excessive speeding.  Recommendations include Curb Bulb-Outs, Chokers, and Realignment Treatments.  Manager Herbek said that in-depth discussions and recommendations are premature at this point.  He recommended to add this report to the agenda of the upcoming work session and to invite Mr. Voiner to address the concerns to the Board.  Manager Herbek stated that the Village could choose to complete all or some of the recommendations.  The total cost of the all of the recommendations is $153,000.  After some discussion, the Board decided that residents in the areas in question should participate in these discussions.  Residents should be notified of the time, date and topic of discussion.  Notification should also be printed in The Gazette.  Manager Herbek suggested that copies of this report be placed in the library as well as the Village offices.  Trustee Daubney suggested reading through the report for accuracy before distributing it.  Trustee Grant felt that $153,000 seems like a lot of money and that the Board should give immediate consideration to enforce the speed zones and to have the Chief of Police review this report.

Judy Sullivan/Rosalind Morrissey, re: 60th blood donor drive.

Trustee Grant asked that this announcement be placed on the public access channel.

Robert D. Gaudioso, Snyder & Snyder, Esqs., re:  application by Sprint Spectrum to Town of Cortlandt.

Teri Lukin, Croton Little League, re:  Opening Day parade.

Manager Herbek asked for a motion.

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

NOW THEREFORE BE IT RESOLVED, the Village has approved a request for the Croton Little League to conduct Opening Day Ceremonies Saturday, April 29, 2000.

Carlos Posso, re:  new taxi business/Croton Taxi and Airport Service.

Mr. Arthur Drotzer, spokesman for J&S Taxi Service came before the Board to comment on the above correspondence.  He understands the Village is trying to accommodate the residents by providing more service, but he feels there is no evidence to do so.  He said there have been allegations of complaints but no research has been completed to confirm them.  Mr. Drotzer said that if a decision is made to allow Mr. Posso’s service to operate it would result in a detriment to the Village.  There would be an increase in traffic, a higher level of competition, and 3 handicap spaces would have to be moved to a less desirable spot.  He stated that the Village already has reliable service for 38 years from J&S Taxi; and that the Village has limited knowledge concerning Mr. Posso’s service.  Mr. Drotzer asked that the Board complete a survey or research before making any decisions.  After some discussion the Board decided to wait until every Board member is present before making a decision.  Trustee McCarthy asked if Larry’s Taxi was informed about this evening’s meeting.  Larry’s Taxi was informed.  Trustee McCarthy asked Mr. Drotzer if the Village created additional spots, wouldn’t the J&S company want some.  Mr. Drotzer stated that it probably would because the company has 18 taxis, but he feels that there is no need for additional spots, just reallocation of the current spots.  Mr. Posso came before the Board to express his desire to provide a taxi service for the community.  He said that in the past, working for J&S, he heard complaints about not enough or untimely service.  He added that he has up-to-date equipment and the correct documentation and that he would like to provide service to the Village.  The Board deferred the vote until the April 3rd meeting.

Jon Goplerud, re: request for Village to sponsor Earth Day event.

Manager Herbek asked for a motion.

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

        NOW THERE FORE BE IT RESOLVED, the Conservation Advisory Council and Parks and Recreation Department are organizing the fourth Croton Earth Day Community Clean-Up, Saturday April 29, 2000 from 9:00 A.M. to 12 noon.

Jane Northshield, re: Thank you.

Manager Herbek read a letter from Ms. Northshield thanking the Village for the appreciation plaque.

CITIZEN PARTICIPATION

Mr. Bruno Pesavento, Jr., an owner of a parcel of land of Sunset Trail came before the Board to address concerns of another property.  First, he questioned why his correspondence was not on this evening’s agenda.  He explained that a resolution was passed May 17, 1993 concerning a property located at Section 68.17 Block 2 Lot 31.  The owners, the Doorley's, were given permission to use Village property to construct a deck and planters.  He stated that in 1995 the Building Department requested the Doorley's to comply with their agreement, in which they had not.  Mr. Pesavento stated that the owners run a day care service out of this residence and children could become injured.  He added that a deck was constructed less than the required 15 from his property line and there was no Certificate of Occupancy for the improvements.  He requested the Board to revoke the resolution.  Mr. Pesavento also stated other instances of revisions had been made to the property and he was not notified of any variances granted by the Zoning Board.  Trustee Grant asked whether or not other property owners were notified.  He said that he was unaware of any.  Attorney Waldman stated that the Board does not need to inform property owners when the Board passes a resolution, only a variance by the Zoning Board.  Manager Herbek stated that perhaps this item is not on the agenda because it is being addressed by the Village Engineer and has not been completed.  Trustee McCarthy, who is liaison to the Zoning Board asked if any of the issues he is raising tonight will effect his application that is before the Zoning Board and that the property he is interested in purchasing is not the same property in question.  He said it is adjacent to that property.  Trustee McCarthy suggested that the Village use certified mail to inform property owners of changes in zoning.

RESOLUTIONS:

a.      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 incurred significant damage in the coastal storm designated as FEMA 1296 DR NY tropical storm FLOYD, and as such qualifies for Federal disaster funds; and

WHEREAS, the New York State Emergency Management Office has notified the Village that we will receive $ 24, 684.88 in Federal funds for package # 161; and

WHEREAS funds to reimburse the Village are expected shortly from the State and the Village Treasurer wishes to amend both sides of the 1999-2000 General fund Operating budget effecting the following accounts; and

Increase  5010.120  by    $ 2,500.00    ( Personnel O/T )
Increase  1460.200  by    $ 2,179.00    ( Equipment )
Increase  1325.100  by    $ 1,500.00    ( Personnel )
Increase  5110.120  by    $ 4,000.00    ( Personnel O/T )
Increase  5110.400  by    $ 8,455.88    ( Contractual )
Increase  5140.120  by    $ 2,500.00    ( Personnel O/T )
Increase  7140.120  by    $ 2,500.00    ( Personnel O/T )
Increase  8160.120  by    $ 1,050.00    ( Personnel O/T )
Increase  3989         by    $ 3,409.51    ( FEMA - STATE )
Increase  4960         by  $ 21,275.37    ( FEMA - FEDERAL )

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

        Discussion:  Trustee Grant asked what the final cost of repairs were for the Village.  Manager Herbek stated that the Village does not have a final number; the cleaning of the storm pipe underneath Brook Street has not been completed.  Treasurer Reardon added that the total damages will be in excess of $200,000.  Also this is the first of 7 packages for reimbursement from the State.

b.      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 Police Department has been awarded a $10,000 member item grant from NY State Division of Criminal Services; and

WHEREAS, the New York State Division of Criminal Justice Services has notified the Village that we will receive $ 10, 000; and

WHEREAS funds to reimburse the Village are expected shortly from the State and the Village Treasurer wishes to amend both sides of the 1999-2000 General fund Operating budget effecting the following accounts; and

Increase  3120.200  by    $ 10,000.00    ( Equipment )
Increase  3389         by    $ 10,000.00    ( NYS Aid- Other )

Discussion:  Trustee Daubney asked what the money would be used for.  Treasurer Reardon said that the funds would be used for computer components for police equipment.  Trustee Grant asked if there were restrictions on this grant.  Treasurer Reardon said the Village was required to send specifications on the purchase to the New York State Criminal Justice Service.

c.  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 routinely disposes of equipment which has been determined to be nonfunctional and no longer needed or useable by the Village, and

WHEREAS, the Village’s Central Garage Foreman/Mechanic, Martin Gariepy, has prepared a list of vehicles that are no longer needed by the Village, and

WHEREAS, the Fire Chief has listed the 1987 Ford Ambulance and the 1992 Ford Crown Victoria as surplus vehicles,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby declares the listing of vehicles in Mr. Gariepy’s memorandum of 3/7/00 to be surplus and also the 1987 Ford Ambulance as surplus and the Village Manager is hereby authorized to dispose of these vehicles and equipment by auction, sealed bids or by other means of disposal at his option.

Discussion:  Trustee Daubney asked if the 87 Ford was pulled from service when the new vehicle came in and is the old vehicle saleable.  Manager Herbek stated that there is an auction in Cortlandt next month and the Village would get the best possible deal.  Trustee Grant wanted the exact mileage of the 95 Chevy Sedan and the 92 Crown Victoria.  Manager Herbek said the 95 Chevy is in poor condition and the mileage is close to 100,000.  The 92 Crown Victoria has mileage in excess of 90,000 and needed a new transmission.  Manager Herbek will supply the exact mileage to Trustee Grant.

d.  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 with the following vote:  

WHEREAS, Mr. Warnke has had a lengthy history with the Village’s water supply and distribution system dating back to the 1970’s, both through the firm of Velzy Associates and also as a private consultant, and

WHEREAS, the Village has utilized the engineering services of Ernest W. Warnke with regard to the Village’s water system over the last several years, and

WHEREAS, due to the retirement of the Village’s long term water foreman and hiring of a new water foreman coupled with the substantial capital work in progress with the Village’s water supply and distribution system the Village Manager deems it prudent to continue the consulting work of Mr. Warnke, and

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the agreement with Ernest W. Warnke to provide engineering services to the Village and specifically for the Village’s supply and distribution system for the rate of $90.00 per hour.

        Discussion:  Trustee Daubney clarified that this agreement is exclusive of the new automated system.  Manager Herbek stated that Mr. Warnke has strong knowledge of the distribution system and has been helping the Village since the retirement of the Tom Ferguson.  He will also be helping in the future on additional projects.

e.  On motion of TRUSTEE McCARTHY, seconded by TRUSTEE DAUBNEY,  the following resolution was TABLED by the Board of Trustees of the Village of Croton-on-Hudson, New York:  

WHEREAS, an integral part of a Safe Communities and injury prevention program is enforcement of traffic safety laws; and

WHEREAS, the selective enforcement grant will provide municipalities with the opportunity to prioritize local objectives by examining problem areas, numbers of injuries/fatalities and resources; and

WHEREAS, the overall goal of the program continues to be preventing unnecessary deaths, reduce crashes and injuries by enforcing the speed limit and other safe driving practices, increasing public awareness/education of car safety seat issues, increasing safe bicycling practices and helmet usage, and monitoring of school bus operations; and

WHEREAS, these goals will be accomplished by a coordinated comprehensive effort where police agencies and community leaders become partners in determining traffic safety concerns, prioritizing local objectives, and seeking productive plans of action to reduce deaths and injuries; and

WHEREAS, participation with this grant program authorizes the Village of Croton to spend $2,900 on enforcement activity focusing on the following areas of traffic safety: speeding, seat belts and child car seat violations, bicycle safety/helmet use and violations involving motorists passing stopped school buses loading or unloading students,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the attached intermunicipal agreement with the County of Westchester for participation in the 1999-2000 Selective Enforcement For Traffic Safety Grant.

Discussion:  Trustee Daubney recalled that this is an annual agreement and he had raised questions last year.  He said he does not agree with excess spending and he feels that the Village should be enforcing safety regardless.  He also asked if there are reports to monitor the effectiveness of the program.  Trustee Grant pointed out the section of the agreement requiring monthly progress reports by the Municipality.  Trustee Grant also suggested this to be reviewed by the Chief of Police.  Manager Herbek stated that the agreement would not be before the Board without the Chief’s approval.  Also, every police jurisdiction is participating in this program.  Trustee Daubney stated that he is against the agreement.  The Board tabled the motion.

        
f.  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 has received a proposal from Ferrandino and Associates Inc., to provide services to the Village with respect to the Hazard Mitigation Grant Program, and

WHEREAS, the Village has decided to concentrate on one grant for storm drainage improvements along Albany Post Road for funding through this program, and

WHEREAS, the cost for the preparation of this grant application is $4,250.00,


NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the agreement with Ferrandino and Associates, Inc., for the preparation of one Hazard Mitigation Grant Application for storm drainage improvements along Albany Post Road for a fee of $4,250.00.

        g.  On motion of TRUSTEE DAUBNEY, seconded by TRUSTEE McCARTHY,  the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York

WHEREAS, the Village Manager, Recreation Superintendent and a representative from INSEL Construction Corp. have met to ascertain the condition of Fireman’s Field for the upcoming season: and

WHEREAS, the recommendation of the contractor is to sod the field if the Village wishes to commence playing on opening day. The consensus of the Village officials is in agreement with the contractor. The funds to accomplish this project are available in the contingent account using the following modifications:

Increase   7140.400  by      $  21,450.00     (Recreation Contractual)
Decrease  1990.400  by      $  21,450.00     (Contingent Account)

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

        Discussion:  Trustee Daubney stated that the Little League Committee is in favor of the project.  He added that this project must be followed through with watering on a regular basis so the field will be useable with in two weeks.

REPORTS

Manager Herbek reminded everyone that the Election is tomorrow in the community room.  The polls will be open from 6:00 A.M. to 9:00 P.M.  The results will be televised from the meeting room.  He also explained that the Village will have an alphabetical list of all registered voters if anyone is unaware of their district.  Each district will have a designated spot in the voting area.  He reminded everyone about the 2 Trustees who are up for election as well as the two Fire Department propositions.

Trustee McCarthy said that a manhole cover on Cleveland Drive needs to be raised to the level of the pavement.  A hole near Melrose, from possible Con Ed work, was never fully repaired.  On the corner of Radnor and Melrose and also Radnor and Irving, there is a very bad odor of gas.  Con Ed has checked the site but found no problem.  The gas might be leaking due to a disruption in the water line.  She said the Village should discuss this with Con Ed right away.  Trustee McCarthy also said the she received feedback from residents that the broadcast of the March 6 meeting was not very clear.  Manager Herbek said the camera was the problem and it has been upgraded.  She also said she hopes for support on the firehouse propositions.  She requested a status on the estimate of testing of the soil at the Yacht Club.  Manager Herbek said the cost was around $100 and the Village is having it tested right now.  Finally, Trustee McCarthy thanked Trustee Daubney for his 4 years of dedicated service with the Board and wishes him luck in the future.

Trustee Daubney stated the funding for the other side of the kiosk was committed by the Lions Club and Chamber of Commerce.  Trustee Daubney thanked the Board for the last four years. He said that he encourages anyone who is interested in local government to join the Board.

Trustee Grant stated that the Comprehensive Plan Committee has completed 3 out of the 4 interviews last week for the firms under consideration for the project.  She said that she received a call from 3 residents who received calls soliciting money for the Police Department.  She said that on occasion the Croton Police Association does support solicitation for fund raising for improved community service projects; however, it is not at this time.  Trustee Grant recommended residents to be careful if they receive a call.  She also reminded everyone that there are no dogs allowed in the parks.  Trustee Grant raised concerns about the dredging of the Duck Pond and the revival of any mosquitoes.  She has concerns that the dredging could disturb the larvae that are buried in the mud.  Trustee Grant clarified rumors of Metro-Enviro applying for a change in use.  She said that they were complying with DEC requirements filed for change of ownership.  Trustee Grant added that it is time to add to the zoning ordinance that garbage transferring is not allowed in Village limits.  She asked Attorney Waldman to put something in place to protect the Village.

Trustee Grant presented Trustee Daubney, for his dedicated service to the Board and the community for the last four years, a plaque of appreciation.  She said he has had a great impact on the community and he will be missed.

Trustee Daubney made a motion to adjourn, seconded by Trustee McCarthy; approved unanimously.

The meeting was adjourned at 10:01 P.M.

Respectfully submitted,

Carolyn Di Cuirci, Secretary



                                                
Richard F. Herbek, Village Clerk