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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
 
May 1, 2000
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, May 1, 2000 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.

The following officials were present:

        Mayor Elliott                           Trustee Grant
Village Manager Herbek          Trustee Harkins
        Treasurer Reardon                       Trustee Watkins
        Village Attorney Waldman                Trustee McCarthy
        
1. CALL TO ORDER:

Mayor Elliott called the meeting to order at 8:10 p.m.  Everyone joined in the Pledge of Allegiance.


2. APPROVAL OF MINUTES:

Trustee McCarthy made a motion to approve the minutes of the Regular Board Meeting held on April 17, 2000 as corrected.  Trustee Harkins seconded the motion.  The Board voted approval as follows: Trustees McCarthy, Watkins and Harkins "aye"; Trustee Grant abstained.

Trustee Grant made a motion to approve the minutes of the Special Board meeting held on April 24, 2000.  Trustee Watkins seconded the motion; approved unanimously.


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            $36,595.27
        Water Fund                             715.08                                   
        Capital Accounts                       594.15
                Trust & Agency  $15,507.52
                                        $53,412.02      







4. CORRESPONDENCE:

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

A letter from Lawrence C. Salley, Westchester County Commissioner, Dept. of Transportation, regarding planned field visits and meetings with municipal representatives regarding a comprehensive bicycle and pedestrian network for Westchester, Rockland and Putnam Counties.
A letter from Alice Bisgrove, Metricom, thanking the Village for allowing her to appear before the Board on behalf of her company and requesting another opportunity to address matters and any remaining questions or concerns the Village Board may have.  Trustee McCarthy stated that she wanted everyone on the Board to proceed with caution; she suggested that if the Village is interested in proceeding with this, Metricom, or any other similar company, should be given a franchise agreement to use the right of way.  Trustee McCarthy added that if this is pursued further, she would like a Public Hearing on this matter before deciding.  Village Manager Herbek stated that Ms. Bisgrove has stated that the Village of Irvington is interested in pursuing this in conjunction with Croton on Hudson and there will be a demonstration on May 18th on this technology; when he gets further details, he will notify the Board.


CITIZEN PARTICIPATION:

Wayne D’Auria, Hixson Road, read his open letter to the Village regarding the pedestrian easement through the cul-de-sac, where his residence is located, to the Trailway and arboretum; he suggested using property currently owned by the Village located not far from the Hixson Road access point; he added that neither he nor his neighbors want this easement used for pedestrian access; parking should not be allowed on Hixson Road for trail users and the Village should not spend money for landscaping the Hixson Road access and a retraction should be done supporting the application for grant money.
 
Mayor Elliott responded that the idea was not to use Hixson Road for parking and the trail always went to the Arboretum, this was not a recent access point. Village Manager Herbek stated that this can be explored further; this linkage was very important to the Trails Committee; the idea is to provide linkage to get people from and to the Arboretum; he doesn’t see many people driving to Hixson Road to get access since there is designated parking elsewhere, but the Village is required to assist in handicapped parking when needed.  Mayor Elliott stated that he should get back to the committee that drafted that portion of the grant and have a meeting with all parties.  Trustee Grant asked if Mr. D’Auria was a part of the meeting when the Trail Committee met regarding this area.  Mr. D’Auria said that he was not.

Mr. Kagan, Hixson Road, stated that he purchased his property knowing about the easement; all appropriate and necessary studies need to be done; an alternative does exist and should be researched.  He added that he hired a landscape architect at his own expense to come up with an appropriate landscape plan that was in keeping with the neighborhood if it was inevitable that the access from Hixson Road is approved.

Mark Franzoso stated that the Village committees need to be more communicative; no one has supported this access point and he would like a retraction of the grant application; Committee communication with homeowners is non-existent and he would like immediate attention to setting up a meeting with the Trails Committee.  Mayor Elliot replied that he will go to the committee and look at the grant application; if it needs to be done, a correction will be made; a meeting will be arranged and this matter will be put on a work session.

Steve Sold, Hixson Lane, stated that he has never been contacted about this and has never given his support.

        b.      Trustee McCarthy stated that she did not know that the grant application was being made until she saw the letter; she got the impression at the meetings that Mr. Kagan’s support was greater than what she has heard tonight.  Trustee McCarthy suggested withdrawing the grant application and rethinking the proposal; matters like this should come to the Board of Trustees first before being sent out.  Mayor Elliott replied that they can go back to the committee for further input.  Trustee Grant reminded everyone that the Village does not have to accept the grant if it is awarded.  Mr. Kagan added that he has always expressed concerns and his going ahead with the architect’s proposal was to make the best of a bad situation.  Trustee Watkins stated that it is his understanding that if the Board decides to allow this to go forward, Mr. Kagan’s position is that if it has to be done, he would want it done as the architect has proposed.

        c.      Don Daubney stated that: 1) he has been connected with the Trail Committee for some time and feels the access through the easement should stay; the alternate access point is not complete and most on the Trails Committee believe there will be very light use at this location; it should not cost the Village any money; if residents do not want to see anyone walking on the easement, they should screen off their property.  He noted, however, that there are those on the Trails Committee who are in favor of the alternate path.

Don Daubney stated that the contract with Charles Point for dropping off Village recyclables is ending and people are extremely agitated about this and do not want Croton-on-Hudson to volunteer any space for recycling materials.  Don Daubney asked also if compost is available from the composting of leaves.  Village Manager Herbek replied that this compost will not be available until this fall.

        d.      Mark Franzoso congratulated residents for the level of recycling that Croton has achieved and the program of leaf recycling is a very good idea.

Michael Goetz stated that he applied for passes for Silver Lake and the tennis courts, but was told that the tennis courts will not be run by the Village this year and would like to know why.  Trustee McCarthy replied that she believes there will be no attendant this year, therefore, no fee.

Mr. Goetz stated also that there is no bicycle path to Senasqua Park by Kayson Chevrolet and it is more dangerous to cross there; he does not believe it is dangerous to bike through the picture tunnel.  Mayor Elliott replied that the trail runs along the road to Senasqua Park.  Mr. Goetz stated that another access to Senasqua will become a problem for the Village to handle increased usage, debris, etc.  Mayor Elliott replied that bikers are not usually the problem and the litter is much less than in past years.


6.      RESOLUTIONS:
a1.     On motion of  TRUSTEE GRANT,  seconded by  TRUSTEE WATKINS,  the  following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:  

WHEREAS, the Board of Trustees has been pursuing the construction of an addition to and improvements to the Grand Street Firehouse and also the demolition and rebuilding of the Harmon Firehouse, and

WHEREAS, referendums to finance the improvements were held on December 8, 1998 and also on March 20, 2000 which resulted in $1,760,000 available for the Grand Street Firehouse Project and $2,100,000 available for the Harmon Firehouse Project, and

WHEREAS, the 2000-2001 Village budget provides for supplemental funding in the amount of $125,000 from a transfer from debt service to capital and $100,000 will be available from the issuance of a $100,000 bond anticipation note, and

WHEREAS, the Village retained the firm of Schaardt and Fullan to prepare the bidding and construction documents and the project has been publicly bid in accordance with the provisions of Section 103 of the General Municipal Law and,

WHEREAS, five bids were received on February 2, 2000 for the Electrical portion of the projects with the lowest bid submitted by Delta Electric of Yonkers, New York, accepting Alternates E-1, E-2, E-3, E-4, E-5, E-6, E-7, E-8, and E-9 resulting in a contract price of $515,271, and with the deletion of all work between column lines J and K, Delta will provide a credit of $13,325.00.

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to award the Electrical portion of the contract for both the Grand Street Firehouse and Harmon Firehouse projects to, Delta Electric of Yonkers, New York for their bid minus the credits in the amount of $501,946.00.

Discussion referencing all firehouse renovation resolutions: Trustee Grant asked for clarrification if the Board did not vote on these motions.  Village Manager Herbek explained that the estimate from Piazza Brothers was reduced by elimination of a bay on the parking lot side of the project; it is his understanding that in the Harmon project there will not be many change orders; a renovation project may produce unanticipated changes, therefore the recommendation for a contingency for these projects; any funds left over at the end of the project will go to reduce the debt.  Village Manager Herbek added that a discount will be received for awarding a joint contract for both projects.  Treasurer Reardon added that he will not borrow any money until the end of the project and only if needed if he is given the permission to borrow.  Trustee McCarthy suggested Trustee Harkins, because of his background, should be Board liaison for these projects.  Trustee McCarthy stated that she would like very tight controls on the extra money; the Board is entitled to know the numbers and would like to see it broken down in the original chart format.  Trustee Grant stated that the Board must put their confidence in the Treasurer, Manager and Fire Department evaluations to complete this project in the best interest of the Village.  Trustee Watkins stated that in the past, when any significant money had to be spent, the Board was polled, a special meeting was called; any significant required change orders was noted to the Board.  Trustee Harkins asked specific questions concerning the scheduled completion date, guarantees of cost and contract penalties in connection with the project.


a2.     On motion of  TRUSTEE GRANT,  seconded by  TRUSTEE WATKINS,  the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:  

WHEREAS, the Board of Trustees has been pursuing the construction of an addition to and improvements to the Grand Street Firehouse and also the demolition and rebuilding of the Harmon Firehouse, and

WHEREAS, referendums to finance the improvements were held on December 8, 1998 and also on March 20, 2000 which resulted in $1,760,000 available for the Grand Street Firehouse Project and $2,100,000 available for the Harmon Firehouse Project, and

WHEREAS, the 2000-2001 Village budget provides for supplemental funding in the amount of $125,000 from a transfer from debt service to capital and $100,000 will be available from the issuance of a $100,000 bond anticipation note, and

WHEREAS, the Village retained the firm of Schaardt and Fullan to prepare the bidding and construction documents and the project has been publicly bid in accordance with the provisions of Section 103 of the General Municipal Law and,

WHEREAS, seventeen bids were received on February 2, 2000, for the General Construction portion of the project with the lowest bid submitted by Piazza Brothers, Inc., of Valhalla, New York accepting Alternates No. 1, 2, 3, 4, 5, 6, 7, 12, 14 and 16 resulting in a contract price of $2,498,600, and with the deletion of the Harmon Building between columns J and K Piazza will provide a credit of $125,000 and also a credit of $60,000 for the substitution of decorative block instead of brick facing,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to award the General Construction portion of the contract for both the Grand Street Firehouse and Harmon Firehouse projects to Piazza Brothers, Inc., of Valhalla, New York for their bid minus the credits in the amount of $2,313,600.


a3.     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 Board of Trustees has been pursuing the construction of an addition to and improvements to the Grand Street Firehouse and also the demolition and rebuilding of the Harmon Firehouse, and

WHEREAS, referendums to finance the improvements were held on December 8, 1998 and also on March 20, 2000 which resulted in $1,760,000 available for the Grand Street Firehouse Project and $2,100,000 available for the Harmon Firehouse Project, and

WHEREAS, the 2000-2001 Village budget provides for supplemental funding in the amount of $125,000 from a transfer from debt service to capital and $100,000 will be available from the issuance of a $100,000 bond anticipation note, and

WHEREAS, the Village retained the firm of Schaardt and Fullan to prepare the bidding and construction documents and the project has been publicly bid in accordance with the provisions of Section 103 of the General Municipal Law and,

WHEREAS, one bid was received on February 2, 2000 for the Heating, Ventilating and Air Conditioning portion of the projects with the lowest bid submitted by ACS System Associates, Inc., of Mount Vernon, New York, for their bid in the amount of $672,000, and with the deletion of Harmon Building between columns J and K, and the elimination of units AC-4 and AC-5, ACS System Associates, Inc., will provide a credit of $9,000, and

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to award the Heating, Ventilating and Air Conditioning portion of the contract for both the Grand Street Firehouse and Harmon Firehouse projects to, ACS System Associates, Inc., of Mount Vernon New York for their bid minus the credits in the amount of $663,000.


a4.     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:  

WHEREAS, the Board of Trustees has been pursuing the construction of an addition to and improvements to the Grand Street Firehouse and also the demolition and rebuilding of the Harmon Firehouse, and

WHEREAS, referendums to finance the improvements were held on December 8, 1998 and also on March 20, 2000 which resulted in $1,760,000 available for the Grand Street Firehouse Project and $2,100,000 available for the Harmon Firehouse Project, and

WHEREAS, the 2000-2001 Village budget provides for supplemental funding in the amount of $125,000 from a transfer from debt service to capital and $100,000 will be available from the issuance of a $100,000 bond anticipation note, and

WHEREAS, the Village retained the firm of Schaardt and Fullan to prepare the bidding and construction documents and the project has been publicly bid in accordance with the provisions of Section 103 of the General Municipal Law, and

WHEREAS, three bids were received on February 2, 2000 for the Plumbing portion of the projects with the lowest bid submitted by Beneway Inc., of Carmel, New York, accepting alternates P-1, P-2 and P-3 resulting in a contract price of $410,450, and with the deletion of the Harmon Building between columns J and K Beneway will provide a credit of $926.00,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to award the Plumbing portion of the contract for both the Grand Street Firehouse and Harmon Firehouse projects to Beneway, Inc., of Carmel New York for their bid minus the credit in the amount of $409,524.


b.      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 Board is interested in updating the comprehensive firm for the Village, and

WHEREAS, a Comprehensive Plan Committee has been appointed by the Mayor to begin work on a new comprehensive plan for the Village, and

WHEREAS, the first step in the process is the selection of a planning consulting firm to work with the Committee and with the Board, and

WHEREAS, the Committee reviewed proposals submitted by eight firms and interviewed four firms, and

WHEREAS, the Committee is recommending the engagement of Buckhurst, Fish & Jacquemart, Inc., for their proposal with a total projected budget of $88,000.00,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the contract dated April 18, 2000 with the firm of Buckhurst, Fish & Jacquemart, Inc., for this comprehensive plan study with a total projected budget of $88,000.00, plus copying cost, plus change orders, not to exceed budgeted amount.


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, the Village Board has indicated its intent that the Village change its Medical Insurance plan from MEBCO to the New York State Health Insurance Program due to the increasing amount of the Village deficit in the MEBCO plan, and

WHEREAS, the Village Manager was able to negotiate this change in Medical Insurance with both the Croton Police Association and Teamsters Local 456 effective 2/1/00 and

WHEREAS, it is now necessary to finalize the agreement to withdraw the remaining non-contract employees from MEBCO and to enroll them in the New York State Health Insurance Program and to provide a plan for the pay off the Village deficit,


NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the agreement with MEBCO dated April 13, 2000

d.      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 Legislature of the State of New York adopted the “Freedom of Information Law” (Public Officers Law, Article 6, Freedom of Information Law, §84 et. seq.); and
WHEREAS, it is in the public’s interest to have access to records of the government in accordance with the provisions of the Freedom of Information Law; and
WHEREAS, the Village of Croton–on–Hudson wants to promote the interests of the public by providing access to records of the Village in accordance with the provisions of the Freedom of Information Law; and
WHEREAS, in 1974 the Village of Croton–on–Hudson adopted rules and regulations to implement the legislative intent of the Freedom of Information Law; and
WHEREAS, the Village wishes to update and revise its rules and regulations relating to access to public records under the Freedom of Information Law; therefore be it
RESOLVED, that the Board of Trustees of the Village of Croton–on–Hudson hereby repeals the rules and regulations adopted on September 9, 1974, and any amendments thereto, which were enacted to implement the provisions of the Freedom of Information Law; and be it further
RESOLVED, that the Board of Trustees of the Village of Croton–on–Hudson hereby adopts the appended rules and regulations to implement the provisions of the Freedom of Information Law; and be it further
RESOLVED, that should the appended rules and regulations conflict with the provisions of the Freedom of Information Law (Public Officers Law, Article 6, §84 et seq.), then the rules and regulations are to be deemed amended to conform to the provisions of the Freedom of Information Law.

On motion of  TRUSTEE HARKINS,  seconded by  TRUSTEE
GRANT,  the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:

WHEREAS, the Village received funds from Mr. Thomas Habib, a Village resident, and additional funds from Mr. Bloomsburg as a donation for an equipment shed to augment the Little League program; and

WHEREAS, the Portable Sheds Corp., PO Box 903, Longmont, CO 80502 has won the bid to provide the shed; and
        
WHEREAS funds to reimburse the Village exist in the Trust and Agency Fund, and the Village Treasurer wishes to amend both sides of the 1999-2000 General fund operating budget effecting the following accounts; and

Increase  7140.200  by  $  3,055.00( Equipment )
Increase  2705      by  $  3,055.00(Gifts & Donations)

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

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:

WHEREAS, the Village received $ 16,000.00 from the cable franchise as a donation for the purchase of state of the art camera equipment to augment the public access channel; and

WHEREAS, the B & H Corp., 420 Ninth Avenue, New York, NY 10001 has won the NY State contract # P 051984 for audio and visual equipment; and

WHEREAS, the B & H Corp. has delivered the necessary equipment ( a digital recorder for $ 3,829.65) and seeks payment; and

WHEREAS, the Village wishes to purchase a new VHS recorder from the same funding source for a total of $ 400.00; and

WHEREAS funds to reimburse the Village exist in the Trust and Agency Fund, and the Village Treasurer wishes to amend both sides of the 1999-2000 General fund operating budget effecting the following accounts; and

Increase  1010.200  by $4,229.65    ( Equipment )
Increase     2705   by $4,229.65    ( Gifts & Donations)

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

Upon motion by Trustee Grant, seconded by Trustee McCarthy, it was approved unanimously that the Board will move to Executive Session, date to be determined to discuss and made a public announcement and report on a personnel matter.

REPORTS:

Village Manager Herbek reported that the Village has received Tree City status again this year, which makes about 15 years receiving this award; there was an Arbor Day event last Thursday and, in conjunction with the Chamber of Commerce, a tree was planted in Vassallo Park.

Village Manager Herbek stated that he would like to mention that the Village web site is nearing completion; the web address is http://village.croton-on-hudson.ny.us; the web site will be continually updated, there are pictures of the staff, information on parking, directions and there will be access to the Village Code. Village Manager Herbek thanked Caroline Whiting and Janine King for their assistance.

Village Manager Herbek thanked everyone who participated in Cleanup Day 2000; it was very successful; he thanked Jon Goplerud and the Conservation Advisory Council, the Recreation Dept. and the DPW staff; 67 adults and 49 children were on hand to help.

Village Manager Herbek announced that Haakon Larsen was present at this meeting; he is a high school senior from Norway and will be working with the Village Manager’s office for the month of May.

Treasurer Reardon announced that there are 30 days to the end of the fiscal year; there is still $3,315,000 in the coffer.

Trustee Watkins reported a study regarding uses of the waterfront property has been going on for one year and will be continuing; they will continue to focus on possibilities for this property.

Trustee McCarthy stated that there was discussion on whether there is a need to have a revision of the code to cover dumpsters and asked if any conclusion has been reached.  Village Manager Herbek replied that it is covered in the current Village code.

Trustee McCarthy asked that Metro Enviro be included in the work session to discuss their request for an increase in tonnage.

Trustee McCarthy asked when the Benedict Blvd. lights will be working properly.  Village Manager Herbek replied that the wrong wattage fixtures were delivered; they are being changed and will be installed when received.

Trustee McCarthy stated that the Little League Parade was held last Saturday; the Fire Dept. led the parade and there was excellent participation.

Trustee Grant reported that a great job was done on the Village web site; it also includes a manual on how to proceed with permit applications.

Trustee Grant reported that about 2 weeks ago, the Girl Scouts asked for books to donate to an Indian reservation and the Senior Citizens took up a collection and raised money to help pay the mailing costs.

Trustee Grant stated that she also had heard rumors regarding the closing of RESCO; Legislator Mike Kaplowitz checked and reported to her that there is no word about needing space in Croton; there are no plans by the County right now to change.

Mayor Elliott thanked everyone who volunteered to put the Little League Parade event together.

Village Manager Herbek added that the taxi survey was done over several days; he has the report available and would like input from the Trustees if more surveys should be done.
Trustee McCarthy made a motion to adjourn; seconded by Trustee Watkins; approved unanimously.  The meeting was adjourned at 10:30 P.M.

Respectfully submitted,


Phyllis A. Bradbury, Secretary




Village Clerk/Acting Clerk