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April 17, 2000
The Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held Monday, April 17, 2000 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.

The following officials were present:

Mayor Elliott                   Trustee McCarthy        
Trustee Harkins         Trustee Watkins 
Manager Herbek          Attorney Waldman                Treasurer Reardon

Absent:                 Trustee Grant

Call to order

Mayor Elliott called the meeting to order at 8:08 P.M.  Everyone joined in the Pledge of Allegiance.

2.   Approval of Minutes:       April 3, 2000.  

Trustee McCarthy made a motion to approve the minutes of the Regular Board meeting held on April 3, 2000 as corrected.  Trustee Watkins seconded the motion and it was approved unanimously.

Approval of Vouchers:

Trustee Watkins 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            $ 53,758.94
Water Fund                   1,478.88
Capital Acct.                5,050.29
Trust & Agency               4,885.18
                                $  65,173.29


Mr. Rob Sussman, 12 Quaker Hill, re:  parking permit procedure at Harmon
Station parking lot.

Mr. Herbek explained that the resident feels the current system is unfair towards residents who have a Croton address, but are not considered residents.  Mr. Sussman suggested incorporating a third tier into the system to allow residents like him self to get a permit but at an increased price.  Mr. Sussman stated in his letter that he does pay some taxes to Croton and feels he should have an option offered to him.  Mr. Herbek said that the tax he pays is probably school taxes and does not have anything to do with the Village tax.  Trustee Watkins asked what the price difference is between the residents and non-residents.  The prices are $36 and $54 respectively.  Trustee McCarthy said there is justification for residents being charged a lower rate for parking since they do pay taxes to the Village.  However, she understands Mr. Sussman’s frustration.  Trustee McCarthy stated that there are are people on the waiting list who could be issued non-resident permits and that this creates a policy issue that needs to be addressed.  Mr. Herbek stated that he believes creating a third tier would not be in the best interest of the Village.  Also, the Village receives more revenue on daily parking permits and cannot guarantee that if the Village issues a non-resident permit, that a space would be guaranteed.  He added that until phase two of the area is completed and the lot is reconstructed, the Village would not issue non-resident permits.  Mayor Elliot stated that the policy could be discussed at the work session.

b.  Jan H. Wines, Conservation Advisory Council, re:  resignation.
Mayor Elliot thanked Mr. Wines for all of his time dedicated to the CAC and the Village.  Mr. Wines stated that the cooperation between the two Boards has been extremely supportive.

c.   Philip A. Tully, 4 Eklof Court, re:  various issues.

Mr. Herbek stated that according to Mr. Tully’s letter, it has been noted that the proper setback for the property mentioned in his letter is 15 feet not the 20 feet stated by Mr. Sperber.  Trustee McCarthy questioned two items in Mr. Tully’s letter concerning erosion and sediment control. She would like to know if in fact the statements that were made are true and would like a response from Mr. Herbek.

Mark Jacobs, WESPAC, re:  permission to hold rally at Croton-Harmon Station.

Mayor Elliot thanked Mr. Jacobs for informing the Board of the rally.  Trustee Watkins stated that he has concerns of disruption of the pick up and drop off activity at the train station due to the demonstration.  Mayor Elliot said that he is sure something could be worked out since he informed the Board ahead of time.


Mr. Bogardus came before the Board representing the Croton Caring Committee.  He requested the Village to provide the same level of funding for the organization as last year.  The Mayor and the Board stated that there would be continued support with no decrease in funding.  


a.      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, comprehensive planning, land use regulation and the review and approval of land development proposals are among the most important functions of local governments in the State of New York;

WHEREAS, members of local administrative boards such as the planning board, zoning board of appeals, and conservation advisory boards consider and dispose of many important applications for permits, variances and interpretations of local land use regulations;

WHEREAS, local legislative bodies are authorized to use their delegated authority under state law to adopt a wide variety of land use regulations, controls and incentives to provide for the balanced and harmonious development of the community;

WHEREAS, land owners, developers, and leaders of local civic organizations are regularly involved in testifying regarding matters pending before these legislative and administrative bodies;

WHEREAS, knowledge of the authority of local governments regarding land use control and responsible decision making regarding these matters is important to the quality of life and future success of the communities; and

WHEREAS, Pace University School of Law, with the assistance of the Natural Resource Conservation Service, the Glynwood Center, the Soil and Water District Conservation Boards of Westchester, Putnam and Dutchess counties, and the Hudson River Valley Greenway, has established an exemplary program of training and supporting local officials, private sector representatives and civic leaders _in land use decision making known as the Community Leadership Alliance Program;


     THAT the Board supports the continuation of the Community Leadership Alliance Program,

     THAT the Board offers its official sponsorship of the training sessions conducted under that Program, and

     THAT the Board encourages other cities, towns, villages and counties in the Hudson River Valley area to offer their support and sponsorship of the Program and to nominate local leaders for participation in the Program.

        Discussion:     Mayor Elliott stated that this is a terrific program and has brought  leaders, from both the public and private sectors of the Hudson Valley, together.  There is a scholarship available.  The chairperson of the Planning Board will be the most recent to attend, and there will be more classes to come.  Trustee McCarthy asked if there is any cost to the Village. There is none.

b.  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, on behalf of WB Arrow, LLC, the firm of Cuddy and Feder and Worby, LLP, has prepared the deed of dedication for Red Maple Ridge and Stephanie Lane, part of the Arrow Crest subdivision along with form TP-584 and form EA-5217 for recording; and

WHEREAS, all of the construction work on Red Maple Ridge and Stepanie Lane has been completed in a satisfactory manner and inspected by Director of Public Works, Ken Kraft, and Village Engineer Kary Ioannou;  

NOW THEREFORE BE IT RESOLVED: that the Village of Croton on Hudson accepts the dedication of Red Maple Ridge and Stephanie Lane, together with the utilities contained therein, including but not limited to, water and sewer lines, sewer pump, gas, telephone and television cables, as shown on a certain map entitled, “Revised Subdivision Map, Arrow Crest, Revising and Amending Filed Map No. 25255, Village of Croton on Hudson, Town of Cortlandt, Westchester County, New York,” and filed in the Westchester County Clerk’s Office as map No. 25587; and

BE IT FURTHER RESOLVED:  that the Village Manager proceed with the filing of the deeds in the Westchester County Office of Land Records.

Discussion:     Trustee Watkins asked if the Village still has a policy of naming streets after veterans.  Mayor Elliott stated the Village does name streets after veterans killed in action, however, the Village has run out of names.

On motion of  TRUSTEE WATKINS,  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 Fire Chief has exhausted the radio repair appropriation line for the current: and

WHEREAS, the Fire Chief requests a budget transfer from the contingency account to help alleviate the negative budget. The funds to accomplish this transfer are available in the contingent account using the following modifications:

Increase   3410.471  by      $  2,420.00     (Radio Repair)
Decrease  1990.400  by      $  2,420.00     (Contingent Account)

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

Remaining Balance after this transfer
$ 13,198.00

        Discussion:     Trustee McCarthy asked if the Treasurer had been able to balance this budget.  Treasurer Reardon stated that he did.  Several accounts were in the red, however he will need to balance the accounts again.  Trustee Watkins asked how much is left in the contingent account.  Treasurer Reardon pointed out that the figure is included in the resolution.
d.  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 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 has received $ 325.39 in Federal funds for package # 176, and $ 70,556.16 in Federal funds for package # 188; and

WHEREAS funds to reimburse the Village have been received 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  5110.400  by    $     325.39    (Contractual )
Increase  3989         by    $       44.94    ( FEMA - STATE )
Increase  4960         by    $     280.45    ( FEMA - FEDERAL )
Increase  5110.400  by    $70,556.16    (Contractual )
Increase  3989         by    $  9,753.14    ( FEMA - STATE )
Increase  4960         by    $60,803.02    ( FEMA – FEDERAL )

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

        Discussion:     Trustee Harkins asked about the revenue coming in from the state.  Treasurer Reardon and Manager Herbek explained the breakdown of what costs the Village incurred and what aid it would receive.  The total cost to the Village is $112,286.67, which is state related.  The Village received $95,566.43 from the state.  Based on these numbers the Village responsibility would be $17,260.24.  However, the Village is waiting for other FEMA aid of approximately $42,000.  This money is Federal highway funds from the damage to Brook Street and Old Post Road North.  Also, FEMA does not reimburse for regular work hours of Village employees.  As a result, the Village would break even with the additional $42,000.  Trustee McCarthy asked about expenses from the two local contractors.  Those expenses are included in the $112,286.67.  Mr. Herbek added that Neil Blitz worked on the supporting documentation in house.  The Board thanked him for his support.

 On motion of TRUSTEE WATKINS, 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 has budgeted funds in this year’s Capital budget for the study of the air conditioning system in the Municipal Building; and

WHEREAS, the Village had previously contracted for this service with Lynch Engineering, PC which has been unable to conduct the study in a time frame suitable to the Village Manager; and

WHEREAS, the Village Manager has not located another firm to conduct the study,

Now Therefore be it resolved that the Village Manager is authorized to enter into a contract with TAS Engineering, PC 118 East 28th Street, New York, NY to conduct the study for a cost not to exceed $7,500 which will study the building and make recommendations for options.  The study excludes design of the system.

Discussion:     Mr. Herbek stated that the Village had previously contracted another firm to do the work, which as of today, had not made any progress.  Mr. Herbek received a letter from the above-mentioned firm March 22nd.  He stated that this firm has expertise in the field and will conduct the study the Village needs to determine what air conditioning system, if any, is in the best interest of the building.  Treasurer Reardon added that the firm is available to start immediately.  Attorney Waldman asked if there are contract conflicts.  Mr. Herbek and Treasurer Reardon assured the Board that the proper steps were taken to dissolve the first contact and proceed with the new one.  Trustee McCarthy stated that she wants an in-depth analysis done that will provide the Village with an exact cost and recommendation of what the building would need.  She added that most of the building is currently air-conditioned.  Mr. Herbek stated that this study will do just that.  Trustee McCarthy stated that she knows a resident who said that the Village did not need a study done by an engineer to determine what the Village would need.  Mr. Herbek stated that that information is incorrect.  A study needs to be completed by engineers specifically in this field to get the required specifications.  The Village does not have the staff to complete the study, therefore it is being outsourced.  Mr. Herbek added that the original contract was in the amount of $14,225, the new contact is in the amount of $7,500.  Trustee McCarthy questioned the verbiage of the contract versus the resolution as to the contract fee; whether it is per hour or a lump sum payment up to $7,500.  Treasurer Reardon said to go by what the contract says.  Trustee Harkins asked if the Village is responsible for removing any items that may be in the attic space.  Mr. Herbek said it could be done internally.  Trustee McCarthy asked how many hours this project would take to complete.  Mr. Herbek will get an estimate.  Mr. Herbek added that this contract would not be completed for the “cooling season”


Mr. Herbek stated that Ken Kraft participated in a conference call with the County.  The County is hiring a company to put larvaeside in all catch basins throughout the county during the next few weeks and would be effect until mid November.  The Village will suspend cleaning of catch basins until that time. Mr. Herbek stated there is a West Nile Hotline available for further information at 637-2420 as well as a web site set up by the county  Mr. Herbek suggested setting up a link to the Village’s web site.  Mr. Herbek received a call from Congresswoman Sue Kelley concerning the Census 2000.  He stated if anyone has not received a questionnaire to call in on the toll free line 800-471-9424.  This is an English language line, there are other languages available.  The NYSDEC requested the use of the Village meeting room to discuss Speedy's permits for powerplants in region 3.  The Village will accommodate one of the two days requested.

Trustee Watkins felt the public should know that the Board has had a number of work sessions concerning the budget.  Work sessions take place in the Village Manager’s office at 7:30 P.M.  Trustee Watkins questioned the status of the painting/striping at the railroad station.  Mr. Herbek stated that it has not been completed yet.  The taxi area has been set up with wider lanes.  The signs for the taxis are not completed, but the work order was given.  Mr. Herbek stated that the Village wasn’t satisfied with the manner in which it was set up, so it will go back to the way it was before. Larry’s Taxi will be south of the crosswalk and J & S Taxi will be to the north of the crosswalk with 4 spaces each.  Also, the total number of handicap spaces has been evaluated.  Two percent over 2000 spaces is required to be handicap designated; 40 spaces.  The last row of spaces at the station will be reserved for residents with parking permits with the exception of the two spaces that abut the crosswalk.  Trustee Watkins has concerns with the drop-off and pick-up lanes.  Mr. Herbek stated that the lanes would be widened and will be able to accommodate the County bus.  Trustee Watkins stated that a house at the northern end of the Village was formerly a used car lot now it is a beauty salon and taxi office.  Trustee Watkins questioned the zoning of the space.  Mr. Herbek stated the he was unaware of the zoning and he would follow up on it.

Trustee McCarthy received a call from a resident, with regard to Metricom, who has extensive knowledge on wireless internet technology. The resident stated that the G 3 is the wireless internet technology of choice.  Trustee McCarthy stated the Village should think long and hard about this topic because of its many facets.  Trustee McCarthy addressed the requirement by the Village for each resident to have a 2-inch high street number posted on each house.  She suggested the Village address this issue in the next newsletter.  Treasurer Reardon stated that the Water Department is conducting a 911-conformity survey, which will address this issue.  Trustee McCarthy announced that Earth Day will take place April 29th at 9:00 A.M. at Senesqua Park.  She also recommended that the goals and objectives of the Village be added to the work session agenda.
Trustee Harkins requested the Municipal Building’s useable square footage.  Mr. Herbek will check and get a number.

Mayor Elliott announced that Croton was mentioned in a recent Hudson Valley Initiative Report given by the Department of Interior, Department of Housing and Urban Development and Department of Agriculture.  Only a few communities were cited.  Mayor Elliott also congratulated Tex Dinkler as new Fire Department Chief.

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

The meeting was adjourned to a Work Session concerning the Firehouse Improvement Project at 9:10 P.M.

Respectfully submitted,

Carolyn Di Cuirci, Secretary

Richard F. Herbek, Village Clerk