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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
 
November 6 2000
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, November 6, 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 8:00 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 October 16, 2000 as corrected.  Trustee McCarthy seconded the motion.  The Board voted approval as follows: Trustees McCarthy, Harkins, Grant, and Mayor Elliott “aye”, Trustee Watkins “abstain”.


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 Harkins and approved unanimously.

                General Fund    $       56,648.52         
                Water Fund        1,699.12                                      
                Capital Accounts        232,463.08
        Trust & Agency                  1,899.00       
                        $  292,709.72


County Legislator, Michael Kaplowitz was present and gave an update of what the County Legislature is working on recently such as upcoming hearing for the county budget.  The hearings are held as follows: Nov. 20th in Yonkers, Nov. 28th in Yorktown and Nov 30th in White Plains.  Mr. Kaplowitz added that the County Board has approved a pesticide-use reduction law for Westchester County, which will become effective in the year 2002; this is a phase-out process and notification is Part B.  Mr. Kaplowitz stated that there is a budget line under review for a softball field and lighting at Croton Point Park; on Wednesday he and Parks Dept. personnel will tour the potential site.  Trustee Watkins asked about the status of the Ossining sewer district.  Village Manager Herbek replied that all information was sent in, but it was received back asking for additional information. Mr. Kaplowitz added that this is not unusual, it involves a long process, but he will help to get it moving along as quickly as possible.

4.  CORRESPONDENCE:

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

A letter from residents of Hunter Street regarding safety concerns.  Village Manager Herbek supplied a Police Dept. report and also the Public Works Dept. report; he added that the safety manual discourages the use of “Children at Play” signs that were suggested and mirrors are not acceptable as traffic control devices; there is a suggestion of making the street a one-way street.  Village Manager Herbek suggested a meeting be arranged with residents and members of the Police and Public Works Departments.  Trustee Watkins asked that the Village take under consideration what can be done, not what can’t be done.  Trustee Grant added that the problem is not just kids playing in the street, but they also cross the street frequently to get to friends’ houses and the ability to move around safely in one’s own neighborhood is important.

Pat Oster, 18 Hunter, stated that the street has an unusual configuration; that sidewalks are not possible; it is a narrow street; is a neighborhood thoroughfare to walk on, bicycle and roller blade on; has limited sight; one-way is not a good idea since it would increase the speed of cars; two existing curves have limited sight area therefore signs might be put up saying “dangerous curb, hidden driveway, children playing, limited sighting”, etc.; a 6 month trial would be okay.

A letter from Joyce M. Lannert, Westchester County Commissioner, Dept. of Planning, enclosing the most recent US Census Bureau estimates for the population for Westchester County and municipalities as of July 1, 1999.

A letter from Joyce M. Lannert, Westchester County Commissioner, Dept. of Planning, enclosing a response form to their request to act as Lead Agency for Westchester County’s comprehensive mosquito-borne disease surveillance and control plan.  Trustee Grant made a motion to agree to the Board of Health being the Lead Agency in this matter.  Trustee McCarthy seconded the motion; approved unanimously.


A letter from Nancy Shatzkin, Croton Housing Network announcing the results of the lottery for the sale of the new 2 family house at 33 Brook Street and asking for a change of wording in the basic terms included in the Restrictive Covenant.  Village Attorney Waldman stated that he had a question about what they mean by “ties to the Village of Croton-on-Hudson” in section D.  Ms. Shatzkin replied that this wording is seen as a reminder, not a requirement.  Village Attorney Waldman suggested changing the wording to eliminate “or households” and change the wording on page two of the contract, second fully ‘Whereas’ to read: sold or resold only to households, etc.

Trustee Grant made a motion approve the request, but change the wording as requested by Village Attorney Waldman.  The motion was seconded by Trustee McCarthy, approved unanimously.


CITIZEN PARTICIPATION:

Joel Klein, Old Post Rd. N., stated that he had questions about Agenda item 6g.  He observed that those who are preparing the minutes have the ability to change comments from non-board members and these persons do not have the opportunity to approve or comment on those changes.  He suggested some mechanism be put in place to give those speakers the opportunity to approve revisions.



RESOLUTIONS:

a       On motion of  TRUSTEE Grant, seconded by  TRUSTEE Harkins,  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 received a report from TAS Engineering, P.C., which evaluated the existing air conditioning and ventilating systems in the Croton Municipal Building to determine their condition and adequacy in meeting the cooling and ventilation requirements for the various portions of the building, and

WHEREAS, TAS Engineering in their report of May 26, 2000 provided four options for the Board to consider with their associated conceptual construction cost estimates, and

WHEREAS, TAS further provided a proposal for engineering services dated October 3, 2000 to provide engineering design services for the air conditioning design for the air conditioning and ventilating systems in the Municipal Building, and

WHEREAS, Option 3 of this proposal provides for the design of both split system air conditioning units throughout the building and also the design for a central chilled water plant located outside and piped to new fan coil units located throughout the building, and

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the October 3, 2000 proposal for engineering services with TAS Engineering, P.C., for Option 3, which provides for the design of both split system air conditioning units throughout the building and also the design for a central chilled water plant located outside and piped to new fan coil units located throughout the building at a lump sum fee of $45,000,

AND BE IT FURTHER RESOLVED: that the Village Treasurer transfer $45,000 from the General Fund Transfer to Capital Account and increase the Capital Account 003.1620.200.9900.0033 Air Conditioning Study.



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 firm of WD Contracting was contracted after the sewer line under Palmer Avenue collapsed and needed to be replaced on an emergency basis; and

WHEREAS, funds to pay for this work exceed the budgeted amount authorized by the Village Board; and
WHEREAS, the Treasurer has requested funds in the 2000-2001 budget to be amended to pay for the sewer work; and

WHEREAS: the Treasurer has reviewed the budget and has requested the following budget transfer to accommodate this purchase:

Increase   001-8120.400  by      $ 16,400.00     ( Contractual Expense )
Decrease  001-1990.400  by      $ 16,400.00     ( Contingent )

Now Therefore be it resolved that the Village Treasurer amend the 2000 -2001 General Fund budget to reflect these changes.


c.      On motion of  TRUSTEE Grant,  seconded by  TRUSTEE Watkins,  the  
following resolution was adopted as amended by the Board of Trustees of the Village of Croton-on-Hudson, New York with following vote: Trustees Grant, Harkins, Watkins and Mayor Elliott “aye”, Trustee McCarthy, “abstain”.  

WHEREAS, the Village received a letter from Alice Bisgrove, Esq., representing Metricom, Inc., dated March 28, 2000  requesting that the Village enter into a Right of Way Use Agreement with Metricom, and

WHEREAS, Metricom is in the business of constructing, maintaining, and operating a mobile digital data communications radio network known as Ricochet, a network operated in accordance with regulations promulgated by the Federal Communications Commission, utilizing Radios and related equipment certified by the Federal Communications Commission,


NOW THEREFORE BE IT RESOLVED: that the Village Manager and Village Attorney are hereby authorized to negotiate a Franchise Agreement with Metricom, Inc., taking into account the recommendations of the Board of Trustees and subject to a public information meeting at a regular Village Board meeting, and

BE IT FURTHER RESOLVED:  that adoption of this resolution does not mean that the Trustees have made any decision as to whether or not to enter into any agreement with Metricom.

BE IT FURTHER RESOLVED: that such negotiated agreement with Metricom, Inc., is subject to final approval by the Board of Trustees.


Discussion:  Trustee McCarthy noted that the reason she abstained was that she feels that a resolution is not necessary in this instance.


d.      On motion of  TRUSTEE McCarthy,  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 staff has been working with John Imbiano of IQ Landscape Architects on the Handicapped Accessible Trail Project, and

WHEREAS, the design work for the handicapped accessible trail involves a connection to the Pedestrian Bridge which will involve moving a portion of the easternmost cyclone fence at the Yacht Club west toward the river a distance of approximately 10 feet along the entire fence area from the pedestrian bridge to the northern end of the existing fence area, and

WHEREAS, the Village has in place a lease agreement for this space with the Croton Yacht Club and in order to compensate the Yacht Club the staff is proposing the extension of the northern fence area to a distance of approximately 100 feet further north as this will allow the ability to connect the handicapped accessible trail to the pedestrian bridge and will also allow the Yacht Club the area they need for storage of boats, and

WHEREAS, a lease amendment has been drafted by Paul Hoffmann and reviewed by the Village Attorney and Village Board at a work session on October 16,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the lease amendment as drafted by Paul Hoffman to effect this change in the lease agreement.

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

WHEREAS, on June 2, 2000 a storm took down and damaged many Village trees; and

WHEREAS, it was necessary to hire Golden’s Tree Service to help trim the damaged trees and remove the remaining tree trunks at a cost of $10,425; and

WHEREAS, the funds to pay for this work will reduce the budgeted balance in the street trees account below an acceptable level to cover the next seven months of the fiscal year; and

WHEREAS: the Treasurer has reviewed the budget and has requested the following budget transfer to accommodate this purchase:

Increase   001-8560.400  by      $ 10,000.00     ( Contractual Expense )
Decrease  001-1990.400  by      $ 10,000.00     ( Contingent )

Now Therefore be it resolved that the Village Treasurer amend the 2000 -2001 General Fund budget to reflect these changes.


f.      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 Board had requested that several directional signs be placed at strategic areas throughout the Village; and

WHEREAS, eight signs were designed by San Signs & Awnings; and

WHEREAS, funds to pay for this work had not been budgeted for in the 2000-2001 budget; and

WHEREAS: the Treasurer has reviewed the budget and has requested the following budget transfer to accommodate this purchase:

Increase   001-5110.420  by      $  8,448.00     ( Street Signs )
Decrease  001-1990.400  by      $  8,448.00     ( Contingent )

Now Therefore be it resolved that the Village Treasurer amend the 2000 -2001 General Fund budget to reflect these changes.


g.1.    On motion of  TRUSTEE McCarthy,  seconded by  TRUSTEE Harkins,  the  following resolution was adopted  by the Board of Trustees of the Village of Croton-on-Hudson, New York with the following vote:  Trustee Harkins, McCarthy, Watkins and Mayor Elliott, “aye”; Trustee Grant “abstain”.

WHEREAS, the Village Board of Trustees periodically meets in work sessions to discuss Village business; and

        WHEREAS, these work sessions are open, public meetings, but no videotapes or audiotapes of the meetings are produced and generally no minutes of the meetings are taken or produced; and
        WHEREAS, the Village presently has the requisite equipment to either videotape or tape–record such meetings; and
        WHEREAS, it is important that an accurate record be kept of the business which is transacted at these work sessions; and
        WHEREAS, the Open Meetings Law requires that minutes of meetings be produced in certain instances; and
        WHEREAS, having a videotape or audiotape record of work session meetings would foster and promote open government and provide the public with more information about the activities of the Village government;
        NOW THEREFORE, BE IT RESOLVED that the Village Board of Trustees hereby determines that all future Village Board work sessions shall be tape recorded; and
        BE IT FURTHER RESOLVED that to the extent the Village Board of Trustees wishes to purchase additional equipment to perform this function, the Board hereby authorizes the expenditure of up to $600 for the purchase of said equipment.
Discussion:  Trustee Grant noted that her reason for abstaining is that she feels there is no need for a resolution in this instance.

g.2     On motion of  TRUSTEE McCarthy,  seconded by  TRUSTEE Harkins,  the  following resolution was not adopted  by the Board of Trustees of the Village of Croton-on-Hudson, New York with the following vote:  Trustees Harkins, McCarthy, “aye”, Trustees Watkins, Grant and Mayor Elliott, “nay”

        WHEREAS, the Village Board of Trustees periodically meets in work sessions to discuss Village business; and
        WHEREAS, these work sessions are open, public meetings, but generally no minutes of the meetings are taken or produced; and
        WHEREAS, it is important that an accurate record be kept of the business which is transacted at these work sessions; and
        WHEREAS, the Open Meetings Law requires that minutes of meetings be produced in certain instances;
        WHEREAS, minutes of Village Board work sessions could be posted on the Village’s web site; and
        WHEREAS, having minutes prepared of work session meetings would foster and promote open government and provide the public with more information about the activities of the Village government;
        NOW THEREFORE, BE IT RESOLVED that the Village Board of Trustees hereby determines that minutes shall be produced for Village Board work sessions and that those minutes shall be submitted to the Village Board to be amended, where necessary, and approved;
AND BE IT FURTHER RESOLVED, that to the extent the Village Board chooses to hire an individual to prepare these minutes, the Village Board hereby authorizes the expenditure of up to $2,500 for the remainder of this fiscal year to produce such minutes.


7. REPORTS:     

Village Manager Herbek reported that a) Croton on Hudson has received  a “Pride in Public Works” Award for the In-Vessel Composting System implemented by Ken Kraft.  Village Manager Herbek added that it is now ready for Village residents to come and obtain composting materials; this is for residents only and not for commercial companies. b) he feels that the Village should own the VFW building that is now owned by the Town; and he believes the Town is willing to turn over the building to the Village on the condition Veterans are allowed to continue using it; the Board gave their approval to pursue this option.  c) the notice of award for the Croton Boat Launch project for $107,300 and the notice has gone out to Carmine Labriola; he awaiting performance bonds and insurance documents before getting started. d) the Salvation Army’s annual bell ringing will be starting shortly; he will put up posters and they are asking for help from residents ringing the bells at local shopping centers; if interested, please call Marie Brehm at 271-4758. e)  the Board Meeting agenda is prepared by the staff the Wednesday before the meeting and copying, which takes 2 to 3 hours, is done on Fridays; he is implementing a cut-off time of 12 noon the Thursday before a Monday meeting; any items received later will be hand-carried to the meeting and will not appear on the cover sheet. f) the firehouse renovation is going well; there have not been many change orders so far and the construction is being kept on schedule.  g) Acocella was awarded the sidewalk improvement project and the contracts have been signed; Franklin & Cleveland are the 1st sites to be worked on; each property owner will be contacted to discuss work to be done. h) Rt. 9A work will be a spring or summer project;  survey work needs to be done and plans developed.  I) the salt shelter project is completed and he is submitting final bills to the state; 50% of the project was paid by NY Clean Air-Clean Water Bond Act. j) Sepreio property sanitary sewer line has been almost completely installed; he asked the Board to think about installation of part of the water main that has been discussed  k) regarding the Hixson Rd. Trail connection, he will be meeting with Andy Kagan on November 16th; he has a draft agreement that he has been working on with Jan Wines. l)the consultants for the Duck Pond dredging project have been asked to come to the next work session; there are new ideas that the Board might want to pursue. m) he has distributed work session schedule and agendas for the months of November and December. n) the Grand Union is in the process of establishing a new loading zone in a different area; he has asked Giordano to take a look at widening the opening; the existing compactor also needs to be replaced and the Grand Union has been put on notice. o) he is having a meeting tomorrow about the Finney Farm water main project p) he is requesting an executive session to discuss employment history of two full time Village employees q) in conjunction with a recent article in the Gazette, he would like to remind that everyone should be on the alert for nocturnal animals acting strangely especially skunks and raccoons; for more information, look at the County website www.westchestergov/health/rabies.htm.  He stated that the Village has an informal policy for disposal of dead animals; residents should call the police dept. to evaluate an animal situation; police will take the animal away if it is felt necessary; it is a private property owner’s responsibility to remove dead animals such as deer; on public property, it is the Village’s responsibility to remove the animal.

Village Treasurer Reardon reported that a) the new water bill that went out in October has a NY city post office box; returns will be going to a post office lock-box which will be picked up five times a day by the Bank of New York. b) regarding the parking lot, flyers were put on cars today that effective 11/13, the lot will be segregated for monthly permit parking as before; they will do a 2nd wave of announcements on Wednesday; there will be additional traffic assistance on Monday and they may be using local roads on a temporary basis.

Trustee Watkins asked that the police overtime be put on a work session for discussion; he added that at the October 23rd work session, the following items were discussed: Millenium pipeline, engineering of air conditioning in the Municipal building, sidewalks, soil testing, Sepreio property, recreation needs assessment, work session taping and record keeping.  Trustee Watkins announced that there will be a ceremony at the Veterans’ Corner on Veterans Day, 11/11 at 11 am.  Trustee Watkins reminded everyone to vote in the election tomorrow.

Trustee McCarthy asked about the status of the Half Moon Bay bike trail.  Mayor Elliott replied that they are waiting for further information from Metro-North.

Trustee Harkins reported that the Chamber of Commerce is planning a Winterfest for December 10th, more information will come.  Trustee Harkins asked about the signs for the pedestrian crossings.  Village Manager Herbek replied that the signs have come in.  Trustee Harkins stated that the Chamber of Commerce questioned if signs should be put up now and they have discussed portable signs for businesses to put in and out.  Trustee Harkins reported the Recreation Committee has proposed to do their own Master Plan to feed into the Village Master Plan.

Trustee Grant reported that a) she had recent conversations with the fire chief regarding the firehouse project and there is satisfaction and pleasure the way the project is going. b) the Comprehensive Plan Committee met again; they are progressing well and the results of the survey will be assessed at the next meeting c) she wanted to remind residents that only biodegradable bags containing leaves will be picked up, not plastic bags. d) the Goblin Parade was a delight once again in spite of the cold weather. e) she had the pleasure of working with fifth graders at CET school regarding the Presidential campaign and voting; it was very exciting; they divided into states and were called on to vote; she saw that the new DARE officer was walking around the school and interfacing with kids.

Mayor Elliott thanked the Recreation Dept. for organizing the parade; he reminded everyone to vote tomorrow; on Thursday at 5:30 in most of the communities up and down the Hudson River, there will be a candlelight vigil sponsored by Clearwater and Scenic Hudson and people are invited to join in; he reiterated that the Veterans’ Day Ceremony will be held at 11/11 at 11 am.

Trustee Grant made a motion to move to Executive Session to discuss a personnel matter.  The motion was seconded by Trustee Watkins, approved unanimously.  This portion of the meeting was concluded at 11:00 P.M.

Respectfully submitted,

Phyllis A. Bradbury, Secretary


Village Clerk