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

The following officials were present:


Present:                Mayor Elliott                   Trustee Grant
                        Trustee McCarthy                Trustee Watkins
                Manager Herbek          Trusty McCarthy
Treasurer Reardon               

Absent:         Attorney Waldman

Call to order:

Mayor Elliott called the meeting to order at 8:09 P.M.  Everyone joined in the Pledge of Allegiance.

2.      Approval of Minutes:    November 6, 2000

Trustee Grant moved to approve the minutes of the Regular Board Meeting held on November 6, as corrected.  Trustee McCarthy seconded the motion and was approved unanimously.

3.      Approval of Vouchers:

Trustee Grant moved 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            $87,315.52
Water Fund                             701.30
Capital Acct.                     21,239.87
Trust & Agency              5,159.50
                                          $114,416.19

4.      CORRESPONDENCE:

A letter from Alice J. Kenny, 150 Hessian Hills Road, regarding Temple Israel of Northern Westchester.  The letter addresses concerns with high voltage lights, traffic, and noise from the Temple.  Alice Kenny came before the Board to explain in more detail, what has taken place over the last nine years since the Temple added a second floor.  She stated that she made no arguments when Temple requested to have a second floor added, but the level of traffic, Temple activity and high voltage lights have made living conditions in the neighborhood very difficult.  She stated that she has attempted to make contact with the Temple representatives including the President and Board but she has had no response.  Attempts have been made to have the Temple use timers for the lights and to install bushes to lessen the noise, but nothing has been completed to date.  She added that narrowness of the street and no sidewalks on Glengary Road increases the level of concern.  Michael Kenny stated that the Board needs to be clear with the current level of use and any restrictions that should be enforced.  He added that the current level of use is not within the character of the Village and that expansion of this use would be a detriment to the neighborhood.  Tonyaa Grote stated that the Temple lights are blinding at night and it is a non-conforming use in an R40 zone.  She asked the Board what restrictions could apply?  She added that parking is a major problem.  Andy Kagan stated that while the lights do not effect him, traffic is a concern.  Children who walk along Glengary Road are in danger.  He asked that the Temple be required to make a formal application for any changes.  Beverly Von Reissig stated that she has concerns about the level of traffic entering and exiting the area.  She stated that there have been numerous accidents.  Also, emergency vehicles or large school busses would have a very difficult time entering the area.  Mayor Elliott asked Anne Gallelli if the Temple has planned to expand.  She stated that she has heard rumors, but no formal application has been submitted.  Marco Metia stated that he fully supports his neighbors.  He added that the lights are very bright and the road is narrow and winding.  Mayor Elliott stated that the Village Board would call the Temple’s Board to verify if there are plans for expansion and address some of these issues.  Trustee Watkins asked if anyone knows why the lights are so bright.  Michael Kenny stated that he believed that the lights might provide some security and additional lighting to the lower lot.  Mr. Kenny stated that he suggested the Temple turn the lights toward the building, but he was given no response.  Trustee McCarthy stated that she looked at the Temple’s file and several issues have been raised in her mind in particular the Board of Health approvals on the septic system.  She added that the Board should take a further look into the file.  Trustee Grant made reference to the Temple’s expansion in 1991.  Trustee Grant asked why an application for non-conforming use received approval.  Trustee Grant asked Manager Herbek to look into this.  Trustee Grant also asked if the Kenny’s have had any response to their request that the lights be turned off.  The Kenny’s said they have not.

A letter from the State of New York State Board of Real Property Services regarding a Certificate of the Final State Equalization Rate for the 2000 Assessment roll.  The letter stated that on November 2, 2000, the State Board of Real Property Services established a final State Equalization Rate of 8.70 for the Croton Municipality.

A letter from the State of New York Executive Department State Board of Real Property Services regarding a notice of Tentative Special Franchise Assessments for the following franchise companies:  CON EDISON CO. OF NY, AT&T COMMUNICATIONS, INC, VERIZON NEW YORK INC. AND ATT BROADBAND-M1 NEW YORK.  The total loss is $80,052.  A hearing date has been set for December 13th at 10:00 A.M. in Albany.  Trustee Grant stated that this decrease did not make sense to her.  Manager Herbek stated that these assessments come from a complicated formula, which takes depreciation into account.

d. Two Letters from Mr. & Mrs. Bernd Klink of 130 Teatown Road expressing their dissatisfaction with the changes at the Croton-Harmon train station.  Manager Herbek asked Treasurer Reardon to give an update.  Treasurer Reardon stated that the village is one week into the transition.  While the daily parking has become limited, the major concern is that every permit holder has a space to park.  Monday the 13th was the first day.  Some residents were happy and some were disappointed.  Up to 60 cars have been parking in the overflow areas.  Treasurer Reardon stated that he has been visiting the station during the transition and roughly on each day 150 spaces were empty.  This included cars that were parked illegally.  In terms of the waiting list, the list from 1995 has had a less than 20% response.  The 1996 list has been released.  Treasurer Reardon said he felt comfortable in issuing another 100 permits by Friday.  The list has been reopened and an addition 100 people have been added.  Trustee Grant thanked Treasurer Reardon and Manager Herbek for all of their efforts.  Manager Herbek stated that the Village called a meeting with Randy Fleisher and other representatives from Metro North to bring them up to speed on the changes.  Manager Herbek also indicated Metro North’s interest in taking over the lot.  All-Right Parking controls other municipal lots along the train’s route.  Manager Herbek stated that we have received bids in the past, but they were rejected.  Trustee Grant stated that the Village would have to make a philosophical decision as to whether the lot should be expanded because of an increase in traffic that would occur in the Village. Manager Herbek said he would provide statistics to All-Right concerning overhead costs.  Treasurer Reardon stated that he wrote to the County Executive regarding the use of County land.  Treasurer Reardon said a shuttle would have to be used because of the long walk, but the County rejected the idea of using parkland.  Trustee McCarthy stated that the maintenance of the lot is a two step operation.  The maintenance of the daily lot is much more labor intensive and looking into an entity running that portion of the station could be beneficial.

A letter from Gerald Munson notifying the Village of his retirement from the Police Department effective November 14, 2000.

f.    A letter from the Croton-Harmon School District regarding the transportation routes for students and the safety and efficiency of the stops.  The Transportation Committee is aware that the Village is looking to provide additional sidewalks as well as crossing guards.  The Transportation Committee agrees that it is time for a study for the placement of crossing guards.  Trustee Grant stated that she is waiting for a date for this study.  

A letter from the Conservation Advisory Council regarding PRE Zoning change – Croton Gorge and Kaplan’s Pond Parcels.  Jon Goplerud was present to give an explanation on the issue.  In June 1998, the CAC recommended to the Village Board that the Village rezone Kaplan’s Pond and the Village owned land in the Croton Gorge to PRE-1.  Under the Village’s Zoning Code, PRE-1 permits passive open space uses.  At a work session with the Village Board and the School Board, the School Board objected to rezoning three of the parcels in the Croton Gorge area, namely parcels 49, 50 and 51, as PRE-1 and, instead suggested they be rezoned as PRE-3 which would permit the construction of school building on the parcels.  Representatives of the CAC explained at that time that parcels 49, 50 and 51 contained valuable wetlands and other environmentally sensitive areas, and that the topography did not make them suitable for development.  On October 4, 2000, the CAC during its regular meeting voted unanimously to recommend PRE-1 zoning for the entire area.  Trustee McCarthy asked the Mayor to set a date for these items to be discussed in preparation of a public hearing.  Mayor Elliott stated that he doesn’t know the Board could set a date yet.  He added that he knows both the School Board and the Comprehensive Plan would like to look at this issue again.  Trustee Grant asked Anne Gallelli if the Village is working under a moratorium with this issue.  She confirmed that it is, but that the Village Board can act on its own.  The Board asked that this information be sent to the Comprehensive Plan Committee for its review.

h.   A letter from Ebrahim Balbisi, an independent Livery Cab Owner, interested in leasing spaces at the Croton-Harmon train station.  Mr. Balbisi stated that he is interested in leasing spaces, however, no one from the Village has contacted him.  He added that he would like to participate in the next meeting that is held to discuss this topic.  Trustee McCarthy asked under what name he operates.  Mr. Balbisi is a self-named owner/operator at this point.   

5.      CITIZEN PARTICIPATION

        No citizens approached the Board.

6.      a.      Millenium Pipeline legal fees--was withdrawn.  

Discussion:  Trustee Watkins asked if one of the players is no longer involved in the agreement.  He pointed out that Croton’s share is $20,000 as opposed to $15,000.  Treasurer Reardon stated that he might have misunderstood the breakdown from Manager Herbek.  Trustee Harkins asked why this cost is an estimate.  Manager Herbek stated that no one knows how high the cost will be.  Trustee McCarthy asked why this money is not coming from the law account.  She added that once the legal account has been exhausted, the contingent account should be used.  Treasurer Reardon suggested withdrawing the motion.  The resolution was removed from the agenda.
b.      On motion of TRUSTEE MCCARTHY, 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, in May of 1994 Tim Miller Associates completed a Phase I Environmental Site Assessment for the Seprieo Property, and

WEREAS, the findings of the Phase I report indicated that further testing should be considered before any development occurs on the site, and

WHEREAS, the Village is in the process of installing a sanitary sewer line to the property and building a handicapped accessible trail along the property, and

WHEREAS, the Village Board has determined that further soil testing on the SEPRIEO property should be undertaken, and

WHEREAS, the Village Board has chosen Testwell Laboratories, Inc. to carry out the testing, and

WHEREAS funds to cover the costs of testing exist in the General Fund Transfer to Capital account ( 001-9950-0903 ), the Village Treasurer wishes to amend the 2000-2001 Capital fund budget effecting the following accounts; and

Increase  3-8660.0200.9900.0038   by  $ 9,334.00 ( Handicap Trail Soil Tests)
Increase  3-3-5031.9900.0038         by  $ 9,334.00    ( Handicap Trails )

Now Therefore be it resolved that the Village Treasurer amend the 2000 -2001 Capital Fund budget to reflect these changes, and

Be it Further Resolved that the Village Manager is hereby authorized to sign the November 7, 2000 contract with Testwell Laboratories for Phase II Environmental Investigation of the Seprieo Property at a total cost of $9,334.00.

Discussion:  Trustee Watkins asked why two accounts are being increased.  Treasurer Reardon stated that one account is revenue and one is expense.

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 has had an annual rental agreement with two local taxi companies at the Croton Harmon Train Station Parking Lot, and

WHEREAS, it is the intent of the Board to provide a rental agreement with a third taxi company, namely Croton Taxi and Airport Service, and

WHEREAS, the Village has allocated six spaces to Larry’s Taxi and six spaces to J & S Taxi in the last year and Croton Taxi is only interested in four taxi spaces, and

WHEREAS, it is the Village Manager’s recommendation to not change the location of either Larry’s Taxi or J & S Taxi and to provide four spaces to Croton Taxi at locations which have been mutually agreed upon by the Village Manager and Croton Taxi, and

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign new taxi rental agreements on the same basis as the 2000 agreement with Croton Taxi, Larry’s Taxi and J & S Taxi for the calendar year 2001, and

BE IT FURTHER RESOLVED:  that the agreement with Croton Taxi can commence on December 1, 2000 provided that they pay the rental fee for four spaces no later than November 27, 2000.

Discussion:  Trustee Watkins clarified that this is a two-year agreement.  Trustees Grant and McCarthy said they would agree to that term.  Trustee Watkins said that he is not prepared to add more spaces for Taxi use especially if it would impact the handicap space.  
        
d.      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 Board of Trustees is interested in providing new sidewalks for 250 feet along the western side of NYS Route 129, 415 feet along the northern side of Municipal Place and 640 feet along the eastern side of NYS Route 9A, and also for 150 feet along Route 129 by Olcott Avenue, and

WHEREAS, the first step in the process is to retain an engineering firm to perform the engineering services necessary and prepare the plans to allow the construction of the sidewalks, and also the land surveying services for this work, and

WHEREAS, the Village Manager has obtained a proposal from Cronin Engineering for the engineering services for a cost of $5,500 for the Route 9A, Municipal Place, and Route 129 area and $1,250 for the 150 feet along Route 129 by Olcott Avenue, and

WHEREAS, the Village Manager has obtained a proposal from Berger Engineering and Surveying for land surveying services for this work in the amount of $4,000.00 and $1,500.00 respectively,

WHEREAS, funds for this work will be charged to the Village road improvement capital account,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to retain Cronin Engineering for the engineering services for the Route 9A, Municipal Place, and Route 129 area and $1,250 for the 150 feet along Route 129 by Olcott Avenue for a cost of $5,500 and $1,250 for the 150 feet along Route 129 by Olcott Avenue, and

BE IT FURTHER RESOLVED: that the Village Manager is hereby authorized to retain Berger Engineering and Surveying for land surveying services for this work in the amount of $4,000.00 and $1,500.00 respectively.

Discussion:  Trustee Grant stated that she is interested in taking another look at sidewalk development on Route 129.  Manager Herbek stated that no additional grading would be necessary.  Trustee McCarthy asked if Cronin Engineering provided the information that was requested with respect to the hill behind the equipment.  Manager Herbek stated that they provided a report but it is not finalized.  Trustee McCarthy expressed concerns about the proposal.  Manager Herbek stated that Cronin is the firm that should do the work.  Trustee asked if a completion date could be set.  Manager Herbek stated that it could be the end of March

e.       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:  

RESOLUTION IN SUPPORT OF EPA’S REASSESSMENT OF PCBs IN THE HUDSON RIVER AND THE EVALUATION OF POTENTIAL REMEDIAL ACTIONS

WHEREAS, the health and beauty of the Hudson River is critical to the economic vitality of our community and the Hudson River is a treasured asset; and

WHEREAS, the Hudson River has been designated an American Heritage River, and the Valley as a National Heritage Area; and

WHEREAS, nearly 200 miles of the Hudson River – from Hudson Falls to New York City – are a federal Superfund site due to the polychlorinated biphenyl (PCB) contamination; and

WHEREAS, PCBs are the most significant contaminant limiting full use and enjoyment of the Hudson River; and

WHEREAS, PCBs were banned in 1976 because of a variety of known and suspected impacts on humans and wildlife; and

WHEREAS, PCBs remain in the Hudson River exposing humans and wildlife to their effects; and

WHEREAS, an estimated $40-million annually has been lost over the last twenty years because of the closure of Hudson River commercial fisheries and restrictions on recreationally caught fish.  As a result, the Hudson Valley has lost an important cultural heritage and way of life and the economic vitality of the Hudson River region continues to be hampered by the limitations on recreational use of the River and the stigma of PCB contamination; and

WHEREAS, U.S. Environmental Protection Agency (EPA) Superfund officials determined in February 1977 that PCB “hot spots” in the sediment of the upper Hudson are the “dominant source” of PCB contamination to the River, and that microbial breakdown will not rid the River of PCBs; and

WHEREAS, the EPA’s Hudson River Reassessment has determined that without remediation, present levels of contamination will continue indefinitely,

NOW THEREFORE BE IT RESOLVED: that the Village of Croton-on-Hudson, NY hereby expresses its support for the Hudson River Reassessment being conducted by the U.S. EPA under the Superfund, and urges EPA to complete the HR Reassessment without further delay, including the evaluation and timely implementation of remedial actions, which include environmental dredging, that can most effectively restore the Hudson River, as well as the evaluation of traditional disposal methods as well as innovative technologies that can be used to destroy PCBs.  Further, the Village of Croton-on-Hudson urges that the U.S. EPA complete the Hudson River Reassessment as expeditiously as possible.

REPORTS

Manager Herbek reported the following items:    a) a press release concerning the Millenium Pipeline on the Route 9/9A coalition.  He added that during a strategy meeting, each attendee was asked to follow up on certain items b) compost is available and free to residents, it can be picked up daily between the hours of 8 A.M. and 3 P.M. c) a pre-construction meeting was held for the Croton Bay boat launch d) a Salvation Army bell ringing post is available, if any one is interested, please contract Maria Brehm at 271-4758 e) sidewalk improvement plan is moving forward f) the November 28th meeting for the Hixson Trails committee was put off g) a work session will be held next Monday, the Board will be receiving their packet by Wednesday.  Dan Holt will be present to discuss the Kellard Report.  The Board will also be discussing financial issues as well as Police Department overtime h) the Municipal Officials meeting will be held December 14th in Scarsdale

Treasurer Reardon reported on the following items a) on November 22nd the Village would be selling a $2 million dollar serial bond b) ratings have been reaffirmed with Moody’s.

Trustee Watkins reported on the following items a) Trustee Watkins asked if Dennis would be attending the work session to discuss the Police O/T issues b) Trustee Watkins referenced to pictures of entrance/directions signs that he would like to be installed c) Trustee Watkins asked if there has been any progress with using the VFW building as an art center.  Manager Herbek stated that he would have to draft a new letter requesting that the building is turned over to the Village.

Trustee McCarthy reported on the following items a) she stated that she received a phone call concerning space for the Arts Council.  She asked if the space in the basement, formerly used by the Auxiliary Police and now used to house school district records, could be used.  Manager Herbek stated that the intended use is for the Police Department. b) the Franklin sidewalk work is in progress c) Trustee asked for an update on the situation with the Grand Union.  Manager Herbek stated that he had no additional information.

Trustee Harkins reported on the following items a) the Chamber of Commerce is planning a Winterfest December 10th at 4:00 P.M.  A choir will be present and the Village will have its tree lighting ceremony.

Trustee Grant reported on the following items a) the Comprehensive Plan had a very productive meeting.  Paul Buckhurst reviewed the survey results.  A summary report will be put together and posted on the web site b) a work shop will be held January 11th regarding commercial uses within the Village.

Mayor Elliott reported on the following items a) the Water Control Commission recommended Charlie Kane and Sally Odland will succeed Doug Garbarini as Chair of the Water Control Commission.  There is still one more vacancy b) this Wednesday the Holy Name of Mary will be holding an Interfaith service.

Trustee Grant made a motion to adjourn seconded by Trustee McCarthy and approved unanimously.  The Meeting was adjourned at 10:16 P.M.

Respectfully submitted,

Carolyn Di Cuirci, Secretary



                                        
Village Clerk