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June 12 2000
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, June 12, 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
        Village Attorney Waldman                Trustee Watkins
                                                Trustee McCarthy
        Absent:  Treasurer Reardon


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


Trustee Grant made a motion to approve the minutes of the Special Board Meeting held on May 12, 2000; Trustee Watkins seconded the motion; the Board voted unanimous approval.

Trustee Grant made a motion to approve the minutes of the Regular Board Meeting held on May 15, 2000 as corrected.  Trustee Harkins seconded the motion; unanimous approval.

Trustee McCarthy made a motion to approve the minutes of the Special Meeting held on May 31, 2000 as corrected; Trustee Watkins seconded the motion; unanimous approval.

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            $2,151,385.55
        Water Fund      304,280.91
        Capital Accounts        128,052.27
        Trust & Agency  7,327.99
                        $   2,317,194.72

        Cornelia Cotton presented a watercolor painting of Isadora Duncan donated on behalf of Eugene Bernard of Ossining, art collector and benefactor.  This painting will be kept in the Village of Croton Library, Historical Reference Room and Museum.  Mayor Elliott accepted the donation on behalf of the Village.

Attorney David Steinmetz introduced two executives of Allied Waste Management, Peter Lindemulder, District Manager and Joe Dallvecchia, Metro Enviro, Site Manager for the project.  Mr. Steinmetz stated that he was present tonight to introduce Allied Waste to the Board and also to address the measures Allied is implementing at Metro Enviro.  

Mr. Lindemulder stated that: he has brought copies of Allied Waste Industries annual report; they have recently acquired MetroEnviro; they have become aware of an infraction of the daily tonnage requirement and have developed software that identifies tonnage for the day.  He added that a “red flag” goes up when the figure rises to about 700 tons a day, they notify customers not to send any more trucks; they have installed three cameras, one on inbound, one for an overview of inbound and one on outbound lane; the cameras are monitored in the scale house and can be reviewed within a reasonable time to verify or answer any questions that might arise; records show that they are averaging 750 tons a day; inbound materials come in by truck, outbound C&D goes out via rail; some materials are salvaged from C&D; he would like to request a review by the Board to accept the 1000 tons a day allowance.  Trustee Grant reminded Mr. Lindemulder that current allowance is 850 tons a day.  Mr. Lindemulder added that he would like to send the Village, on a weekly basis, the daily tonnage reports from the week prior.  Upon questions by Trustee Watkins, Mr. Lindemulder stated that Allied purchased Metro Enviro effective March 1, 2000; materials received do include, brick, concrete, and dirt which is brought to a local facility within Westchester County, mostly Peekskill.  Trustee McCarthy asked if Allied has contracts with haulers that bring waste to the site; Mr. Lindemulder replied that they do not; there was a verbal agreement in 1998 with some vendors; there are no similar contracts now.  Trustee McCarthy stated that operations manual requires trucks to stop at the outer scale to inspect debris and asked if this procedure is being followed.  The reply was “yes”, plus they now have communications from the floor to the scale house and if there is a question, the truck is not allowed to proceed; this has always been in place, but strict enforcement has incurred of late.  Upon question by Trustee McCarthy, it was stated that if rugs, tires, etc. are seen, the hauler must take these items back out; if there is, for some reason, a tire or two that gets through, they will pull inappropriate material aside and try to dispose of it within 24 hours.  Trustee McCarthy asked how they assure asbestos does not come on site.  The reply was that regulations require asbestos to be identified and removed prior to demolition. Trustee McCarthy asked what percentage of material coming on site is pre-processed? The reply was about 50 or 65%; the material must be processed to a specific size in order to get the volume in the rail car; some of this material is stored on the pad to be reworked.  Trustee McCarthy asked if any representative of MetroEnviro has had any discussion with the DEC in the last 6 months regarding any revision or modification of the DEC permit.  Mr. Lindemulder replied that to the best of his knowledge, he is unaware of any communication except in the process of transferring permits and reports; all requested materials have been submitted to Westchester County for the trade waste license, including fingerprints; he has no problem in supplying copies of this material to the Village; Allied is leasing the property from Greentree and the lease has been redone in the process of the acquisition.  When asked if the rent had increased, he thought it had.

Attorney Steinmetz stated that Allied has gone through a long, detailed comprehensive process and it appears that this facility has been well run with just a few issues; his client will impose its regulations on this facility to benefit the Village of Croton; he asked the Board to reconsider the determination of 850 to 1000 tons allowed per day; the total of violations was just 600 tons and represented less that one half of 1% of the total tonnage that came in for one year and he doesn’t think this new management should be held responsible for past violations.


Village Manager Herbek read the following correspondence (full text available at the Village Office):
A letter from Cynthia Conover, Sprint PCS, asking if the Village would be interested in leasing a portion of the Croton-Harmon train station for a cell site.  This will be referred to Village Attorney Waldman and the Planning Board who will get more details.
Three requests from residents of Penfield Ave, Cleveland Drive and Hastings Ave. for block parties.  Trustee Grant made a motion to approve the requests, with the usual caveats; the motion was seconded by Trustee McCarthy and approved unanimously.
A letter from Ruth L. Pierpont, Director, NYS Historic Preservation, informing that the Asbury United Methodist Church, Bethel Chapel, Old Post Rd has been listed on the National Register of Historic Places.
A letter from Elizabeth A. Graham, Director, MediaOne regarding the recent transfer agreement between MediaOne and AT&T and stating that she would like to introduce the Cablevision employees who will be working within the community on the transfer process.  Village Manager Herbek added that he has been introduced to some of the parties already.
A letter from Jake Russell, VP/General Manager, WHUD radio station, requesting the use of Croton Harmon Railroad Station parking lot and permission to run shuttle buses to Croton Point Park on Sunday, July 9th for their Summerfest Concert. Trustee Grant made a motion to approve the request, seconded by Trustee Watkins. Discussion on granting this request included: there will be no additional expenses to the Village; should the Village charge for parking since the County does charge for this; if the Village charges for parking, collectors will be needed to work; parameters for these requests should be discussed further as well as revenue the Village may be losing; Chief Coxen has recommended these requests be taken up on a case-by-case basis; there is wear and tear on the parking lot as well as debris and the Village gets no compensation; there is question if this particular request is for parking at Harmon or just allowing a shuttle bus from the parking lot to the Park; a count of cars using the parking lot can be taken on July 9th for future information. Vote was taken on the motion; Trustees Watkins, McCarthy and Harkins voted “aye”; Trustee Grant voted “nay”.    
A memo/report from Jon Goplerud, Conservation Advisory Council regarding the Marine Toilet Pump-Out Facilities.  Mr. Goplerud was present and stated that the Yacht Club might be the best location because of the line going in and there may be a grant to assist with costs; the Hudson River may be designated as a no-discharge zone; the Village Board was asked to look at locating a facility by the waterfront.  Mayor Elliott asked that the CAC do additional research and come back to the Board.

Ann DiCioccio asked if Allied Waste is still running the operation as a C&D facility or are they taking in other waste.  Mayor Elliott replied that it is still a C&D operation and it is not expected that this will change.


a.      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:

A Public Hearing is hereby called on Local Law Introductory #3 of 2000, establishing a temporary moratorium on certain building and development in the Village of Croton on Hudson.

        (The Public Hearing will be held on June 26, 2000.)

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 of Croton-on-Hudson on October 17, 1997 applied for funding through the Clean Water/ Clean Air Bond Act for a Wastewater Treatment Plant Improvement Project to install a sanitary sewer main from Municipal Place to the Village owned SEPRIEO Property along the Village’s waterfront; and

WHEREAS, a grant in amount of $200,000 has been approved by the New York State Department of Environmental Conservation for this project with the Village’s contribution estimated to be $35,294; and

WHEREAS, five bids were received for this project with Joken Development Corporation of White Plains, New York as the low bidder;

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to award the contract for the installation of this low pressure force main sewer improvement project the lowest responsible bidder meeting specifications, Joken Development Corporation of White Plains, New York for their bid price of $209,568.00.

c.      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 Village has been meeting with representatives of the Finney Farm neighborhood to discuss the issue of providing water improvements to the 23 homes and 7 vacant lots within the neighborhood, and

WHEREAS, the meetings have included a plan whereby funding for possible improvements would probably involve the neighbors, Hudson National Golf Course and the Village, and

WHEREAS, the first step in advancing this project is to conduct an engineering study of the improvements to include conceptual designs, evaluation of alternatives, cost estimate and an evaluation of the appropriation of costs to the residents, and

WHEREAS, the Board of Trustees is interested in conducting this study and will pay the cost thereof contingent upon this cost being allocated back to the residents as part of the cost of the total project if it goes forward, and

WHEREAS, the Village has received a proposal from Kellard Engineering to conduct this study for the lump sum fee of $7,800.00,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the agreement with Kellard Engineering to provide professional engineering services for the preliminary design of a water system to service the Finney Farm neighborhood in the amount of $7,800.00 with the understanding that if this project goes forward this cost will be allocated back to the residents as part of the cost of the total project.

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, a Project for the Emergency Repair work to correct damages caused by Tropical Storm Floyd at various locations in the Village of Croton-on-Hudson, Westchester County, PIN 8758.41 (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, for Federal emergency relief that calls for the apportionment of the costs of such project to be borne at the ratio of 100% Federal funds and –0-% non-federal funds; and

WHEREAS, the Village of Croton-on-Hudson desires to advance the Project by making a commitment of 100% of the federal and non-federal share of the costs thereof.

NOW, THEREFORE, the Village Board, duly convened does hereby

RESOLVE, that the Village Board hereby approves the Project; and it is hereby further

RESOLVED, that the Village Board hereby authorizes the New York State Department of Transportation to pay in the first instance 100% of the federal and non-federal share of the cost of emergency repair work for the Project or portions thereof; and it is further

RESOLVED, that the sum of $43,059.00 is hereby appropriated from the Federal Highway Administration and made available to cover the cost of participation in the Project; and it is further

RESOLVED, that the Village Clerk of the Village of Croton-on-Hudson be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid on behalf of the Village of Croton-on-Hudson with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of local share of federal-aid-eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and it is further

RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and it is further

RESOLVED, this Resolution shall take effect immediately.


        Village Manager Herbek commended everyone who participated in Summerfest; it was the best ever and a great day, great parade; everything ran smoothly.  Village Manager Herbek reported that the June 2nd storm was a verified tornado that went through a part of Cortlandt; Croton had a lot of trees and limbs down; he thanked the Public Works Dept. under the leadership of Ed Walsh, Asst. General Forman, DPW, who did a great job.

        Trustee Watkins agreed that Summerfest was fantastic; he reported that the Recreation Advisory Council came to a work session and made recommendations for ID cards for various Croton parks, particularly Senasqua and Silver Lake.  He also reported that the Croton Council for the Arts is looking for a home and suggested that everyone on the Board undertake a search; public space is needed for this art group which could serve as a focal point for local pride.

        Trustee McCarthy reported that she, Mayor Elliott and Village Manager Herbek attended the NYS Annual Conference of Mayors and it was a very interesting and informative conference as usual.  Trustee McCarthy reported there will be work sessions on June 15th and June 22nd; they will be discussing traffic calming and asked if the residents along Cleveland Drive have been notified.  Village Manager Herbek stated that is difficult to notify everyone, but he will get it on public television.  Trustee McCarthy would like added to a work session, the issue of how to designate the street signs that honor veterans.

        Trustee Harkins echoed the comments, acknowledging the hard work of the Police, Fire and Recreation Departments and the Chamber of Commerce who helped make Summerfest such a success.  Trustee Harkins added that for those who had concerns, the cutting of trees, especially at Senasqua, is just the removal of damaged trees.

        Trustee Grant reported that the Consultant to the Comprehensive Plan Committee has been meeting with each Trustee, the Mayor and Planning Board.  Trustee Grant added that the Chamber of Commerce meeting was very busy; they are planning a community tag sale, possibly in coordination with Briarcliff and/or Ossining; the Chamber of Commerce would like to schedule a joint meeting with the Village Board to address what they would like to see done.  Village Manager Herbek stated that this meeting has been scheduled for June 22nd.  Trustee Grant reported also that the Town of Cortlandt has moved the proposed skate park from the Town Center in Cortlandt to next to the new police station.

        Mayor Elliott stated that he agrees with all that was said about the fine work done for Summerfest.  Mayor Elliott also reported that there is a proposal to change the course of the Millenium pipeline and what is needed is to have other communities come together for a unified front.  Mayor Elliott reported that he has appointed Justin Casson to replace Larry Bickford, who has moved to Arizona, as a member of the Comprehensive Plan Committee; he has also appointed Joe Biber and Mark Magel to the CAC.

Trustee McCarthy made a motion to adjourn to Executive Session to discuss a personnel matter.  Trustee Grant seconded the motion; approved unanimously.

The meeting was adjourned at 9:45 p.m.

Respectfully submitted,

Phyllis A. Bradbury, Secretary

Village Clerk