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April 16, 2001
A Regular Board Meeting of the Board of Trustees of the Village of Croton-on-Hudson, New York, was held on Monday, April 16, 2001 at the Stanley H. Kellerhouse Municipal Building, Van Wyck Street, Croton-on-Hudson, New York.

The following officials were present:

Mayor Elliott
Village Manager Herbek
Village Treasurer Reardon
Village Attorney Waldman
Trustee Grant
Trustee Harkins
Trustee McCarthy
Trustee Wiegman


Mayor Elliott called the meeting to order at 8:03 p.m. Everyone joined in the Pledge of Allegiance.


Trustee Grant made a motion to approve the minutes of the Annual Organizational Meeting held on Monday, April 2, 2001. Trustee Wiegman seconded the motion. Vote was taken with Trustees Grant, Harkins and Wiegman voting “aye.” Trustee McCarthy abstained. Motion was passed.

Trustee Grant made a motion to approve the minutes of the Regular Meeting held on Monday, April 2, 2001. Trustee Wiegman seconded the motion. Vote was taken with Trustees Grant, Harkins and Wiegman   voting “aye,” with two minor corrections. Trustee McCarthy abstained. Motion was passed.


TRUSTEE GRANT made a motion to approve the vouchers as follows, subject to review by the Audit Committee. The motion was seconded by TRUSTEE WIEGMAN and approved unanimously.

General Fund                                                            $ 62,910.04
Water Fund                                                                              320.56
Capital Accounts                                                           35,746.32
Trust & Agency                                                          _ 20,732.29
 TOTAL                                                                         $119,709.21

4. PUBLIC HEARING – Local Law No 5 of the year 2001

A local law amending Section 230-18 of the Zoning Law with respect to uses permitted and prohibited, and the requirement of a special permit.

Sec. 1.  Section 230-18 of the Zoning Law, paragraphs A and B are amended, and new paragraphs C, D, and E added, to read as follows:

§ 230_18 Light Industrial LI District
A.      Purpose. The Light Industrial LI District is designed to accommodate such light manufacturing and related uses as are consistent with the needs and welfare of the community.  Uses in this district shall be grouped according to compatibility and performance in order not to create a nuisance to the community or the adjacent users.

B.      Permitted Uses. No building or premises shall be used and no building or part of a building shall be erected which is arranged, intended, or designed to be used, in whole or in part, for any use, except the following:
        (1)     Business and professional offices, including related showrooms.
        (2)     Railroad lines and stations.
        (3)     Motor vehicle parking structures and parking lots, conforming to §~230_51 F hereof.
C.      Special Permit Uses. Subject to the issuance of a special permit therefor by the Village Board of Trustees, and excluding those uses prohibited under paragraph E. of this Section, the following uses:
        (1)     Light manufacturing, assembling, converting, altering, finishing, cleaning or any other processing of products.
        (2)     Research and design and development laboratories.
        (3)     Storage and dispensing of motor fuel and lubricants, but only as part of motor vehicle parking lots and of structures for the parking of motor vehicles.
        (4)     Hotels, motels, and restaurants.
        (5)     Occasional retail sales incidental to the conduct of any of the uses permitted under this subsection and subject to such frequency and other conditions as may be imposed by the Village Board of Trustees.
        (6)     Utilities, including but not limited to structures for the provision of electricity, gas, and water; radio and television transmission stations; telephone, telegraph, and cablegram facilities.
        (7)     Warehousing and wholesaling; freight distribution centers and terminals; except that any handling, storage, or distribution of flammable, combustible, explosive or hazardous materials shall be prohibited.
D.      The above uses shall comply with the area and bulk standards listed in Section 230_37 including the minimum lot size of three (3) acres, except that the Village Board of Trustees may, by the issuance of a special permit, allow a lot area of less than three (3) acres but not less than one (1) acre.
E.      Prohibited Uses. Solid and liquid waste transfer and storage stations and landfills (including construction and demolition materials) are prohibited. For the purposes of this section, solid and liquid wastes are defined as follows:
All putrescible and non_putrescible materials or substances that are discarded or rejected as being spent, useless, worthless, or in excess to the owners at the time of such discard or rejection, including but not limited to liquids, garbage refuse, industrial, commercial and household waste, sludges from air or water treatment facilities, rubbish, tires, ashes, contained gaseous material, incinerator ash and residue and construction and demolition debris. In addition:
1.      A material is "discarded" if it is abandoned by being:
a.      disposed of;
b.      burned or incinerated, including being burned as a fuel for the purpose of recovering useable energy; or
c.      accumulated, stored, or physically or chemically, or biologically treated (other than burned or incinerated) instead of being disposed of.

2.      A material is "disposed of" if it is discharged, deposited, injected, dumped, spilled, leaked or placed into or on any land or water.

Sec. 2.  The present paragraphs C through K of Section 230-18 are relettered paragraphs F through N.

Sec. 3.   This local law shall be effective upon filing in the office of the Secretary of State.   
Trustee McCarthy made a motion to approve Local Law #5. Trustee Harkins seconded the motion. Unanimous approval.


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

a.  Letter from Edward Burroughs, Assistant Commissioner, Westchester Planning Board, acknowledging notification of Zoning Amendment: Special Permit Uses - CRO 01-003. Discussion: Attorney Waldman noted the Village does have some provisions for non-conforming uses and that a revision of the Zoning Law is permissible for uses in light industrial areas -- with certain restrictions -- such as prohibition of demolition storage and solid and liquid waste transfer. Peter Caltagirone, co-owner of Chromoscan, 16 Brook Street, asked if the proposed zoning change would have any effect of C-2 Zoning. Attorney Waldman said that he understood the Comprehensive Master Plan Committee (CMP) is considering recommending changes to C-1 and C-2, but the Village Board has not yet received the recommendations. Mr. Caltagirone asked what the CMP is proposing as his business is for sale and a potential buyer is balking at the    possible zoning changes. Mayor Elliott said the next CMP meeting (all meetings of the CMP are open to the public) will be on April 26, and suggested Mr. Caltagirone and his partner attend. Trustee McCarthy said all minutes of CMP meetings are on the Village web site. Village Manager Herbek added that correspondence from the CMP consultants on C-1 and C-2 had come into the Village office that day and offered to give a copy to Mr. Caltagirone.
b. Letters from Diana Bowers, Carrie E. Tompkins Elementary School Principal and Croton parents requesting sidewalks on Hughes Street. Discussion: Village Manager Herbek said steps have already been taken to make Hughes Street a 15 m.p.h. zone during school hours and said he would check to see the sign had been installed the following day. He said there would be a further meeting of the Joint Safety Committee comprised of members of the School District and Village officials on Friday and the subject would be discussed further at that point. Mr. Herbek considered it a priority issue because of safety and said that there may be some extra    money in the upcoming budget to install sidewalks.

c. Letter from David Werman regarding the Grand Union Shopping Center. Discussion: Mayor Elliott noted that Village officials are following up and trying to find a suitable new tenant for the center.

d. Letter from Jack Almeida, New York Power Authority, regarding an Air Cooling Project for the Municipal Building. Discussion: Village Manager Herbek said there would be a follow up meeting on the project next Monday.

e. Letter from the Water Control Commission recommending that the Village does not fill in any portion or reduce the surface area of the Duck Pond.

f. Letter from Debbie Kramer Gregg, Kalian Companies, advising the Village Board that construction on the Half Moon Bay project had started.

g. Letter from Mark P. Weingarten of DelBello, Donnellan, Weingarten Tartaglia, Wise and Wiederkehr LLP regarding Temple Israel of Northern Westchester’s response to the evaluation of the Temple’s septic system and parking lot’s impact on adjacent wetlands. Discussion: Trustee McCarthy recalled that during a prior expansion of Temple Israel in 1991 the Water Control Commission had requested that such an evaluation take place to establish that everything was working correctly -- but there is no indication such an evaluation took place. Trustee Grant agreed with Trustee McCarthy. Mayor Elliott suggested Village Manager Herbek and Attorney Waldman research the Minutes and find out what was required by the Water Control Commission. Trustee Grant recalled the bid to evaluate the septic system and parking lot was $3,500 and moved a resolution to authorize the Village to test the septic system and investigate the parking lot issues at Temple Israel. The motion was seconded by Trustee McCarthy and carried unanimously.

Further discussion: Trustee McCarthy asked if a traffic counter had already been installed on Glengary Road for the purpose of studying traffic flow. Village Manager Herbek said that Westchester County had already installed a counter and that he had been assured by Department of Public Works Foreman Ken Kraft that it would remain in place until mid-May. New signage for Glengary Road is being prepared and installation will take place shortly.

h. Letter from the Croton Advisory Council requesting that the Village Board permission to stage Earth Day - Hudson River Clean-Up Day on April 28 on Village properties on the Hudson River. Discussion: Village Manager Herbek noted that Jon Goplerud, CAC Chairman, had submitted expanded ideas for the annual cleanup, including asking the DPW to help remove discarded automobile engines from the shoreline. Several trustees expressed concern for the safety of children if heavy equipment is being used, but were reassured all precautions would be taken.


No citizens came forward to speak.


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

WHEREAS, additional funds are needed to finance several Capital Fund projects that have been over expended through necessity via change orders; and

WHEREAS, an additional Capital project is needed to address the work to be done at the Municipal Building; and
WHEREAS funds to cover these costs 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  3-1620.200.0001.0054   by  $  20,000.00    ( Building Repairs )
                Increase  3-3410.200.9899.0015   by  $125,000.00    ( Harmon Fire House )
                Increase  3-7140.200.9900.0036   by  $    3,801.94    ( Sunset  Park )
                Increase  3-8120.200.9900.0025   by  $    7,937.33    ( G.I.S. Program )
                Increase  3-8660.200.9900.0040   by  $    6,027.89    ( Croton Boat Launch )
                Increase  3-5110.200.0001.0048   by  $  25,898.84    ( Road Repairs )

WHEREAS funds to cover these costs exist in the Water Fund Transfer to Capital account ( 002-9950-0903 ), the Village Treasurer wishes to amend the 2000-2001 Capital fund budget effecting the following accounts; and

                Increase  3-8340.2081                   by  $     5,000.00    ( Well Field Improv.)
                Increase  3-8340.200.0001.0055   by  $ 150,000.00    ( Radio Monitoring )

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

Discussion: Trustee Harkins said that he is not in favor of increasing the Capital Fund. Trustee Reardon explained the transfers from the General Funds were necessary to address projects underway that have been affected by change orders, such as repairs to the four main doors to the Municipal Building. Village Manager Herbek explained that $3,801.94 was necessary for sidewalk improvements near the new Sunset Park Playground, which were not anticipated in the original project but had been recommended by staff. He said the G.I.S. program required a signage component and program interface to transfer data and that it had been recommended that expanded landscaping at the proposed boat launch would improve the site         considerably.

Treasurer Reardon said the funds allocated for radio monitoring would involve placing radio monitors on all domestic water meters throughout the village so that consumption can be measured instantly from a monitor in a vehicle driving by. Thus, the entire village will be covered within a        day, on a monthly basis -- although billing would still be only twice a year. The Treasurer said this would provide a system for detecting abnormal readings and allow the Village to alert property owners if there are leaks. He said many communities are already using the system and Croton is “behind the curve.” Treasurer Reardon also explained the $150,000 allocated will not cover the entire village -- monitors will be placed in the newer developments first  -- and the project gradually extended to cover the entire village. Trustee Grant considered that this is a good way to do business.

Village Manager Herbek maintained the system of transferring funds for Capital projects enabled the staff to make sure projects are done correctly, although Trustee McCarthy said she preferred that the topics should be addressed before the beginning of projects.

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

WHEREAS, the Village Treasurer wishes to use the post mark on all water bill payments as proof of establishing a timely payment for Village residents; and

WHEREAS, the Village Treasurer utilizes the Bank of New York’s lock box facility to electronically post water payments; Now Therefore be it

RESOLVED that the Village Treasurer is hereby authorized to use the post mark on all water bill payments as proof of a timely payment:

Discussion: Treasurer Reardon noted that this is a better way to work with disgruntled residents.


Village Manager Herbek reported on the change of route for the proposed Millennium Pipeline endorsed by the Public Safety Commission from Routes 9 and 9A to the Taconic Parkway.  He said he was trying to find out the exact new route and will meet with NYS Assemblywoman Sandra Galef and Millennium Pipeline personnel on Thursday. Mr. Herbek said he does not think there will be any impact to the Village well field, but is paying attention to that.

Mr. Herbek said that Community Development Block Grant (CDBG) Day in the village last week had been attended by Westchester County Executive Andy Spano who presented the Village with a proclamation. The Village Manager said there had been a bus tour of the village to inspect the $2.5 million spent in CDBG projects since the consortium was formed in 1977.

Trustee Wiegman reported he had sent letters to all the liaison groups to which he has been appointed so that he can be in contact with them. He made the suggestion that one side of Hughes Street be striped as an interim measure before a sidewalk can be built. The Trustee asked for an estimated date for the closing of the Brook Street grade level crossing and was told by Mayor Elliott that it will be closed as soon as the new road is dedicated -- which the Mayor hoped would be this year. Trustee Wiegman considered the budget and tax rate increase is going in the right direction -- in a downward curve.

Trustee McCarthy reminded the television audience about the Clean-Up Day on April 28. She also mentioned an upcoming meeting with NYS Assemblywoman Galef on Thursday, April 19 titled “Changing the Way We Vote” and that NYS Attorney General Eliot Spitzer will attend. Trustee McCarthy noted that many budget work sessions have been scheduled and that the Village Board had talked for hours about the budget on Saturday, April 7. She expressed deep concern over the increase in the budgets over the last decade and compared figures from 1991 and 2001. Trustee McCarthy said     the budget had risen approximately $4 million and debt increased by approximately $9 or $10 million. She said current debt service was costing the Village $1.5 million and maintained the Village Board has to look at the situation, decrease the level of borrowing and develop a plan to pay off the debt.
Trustee Harkins reported that the recent “Adopt-a-Book Day” at the Croton Free Library and that books worth approximately $1,400 had been “adopted.” He said that the Recreation Department is in the process of a program to require photo IDs for Village residents to use for admission to Village Parks and Events and that the department will probably have a booth at Summerfest. Trustee Harkins questioned the 20% management fee requested by the Power Authority for the installation of air conditioning in the Municipal Building and was concerned by the wording         in the letter which read “Try to install by mid-summer.” He interpreted it as another summer without air-conditioning in the meeting room. Village Manager Herbek said he had provided the Power Authority with a list of contractors in order to move the project along, and with the exemption of the WICKS law, there would be a 20% savings.

Trustee Grant had no reports but commented on Trustee McCarthy’s concerns. She pointed out that the extra debts had been incurred by the purchase of the Croton-Harmon Metro-North Parking Lot, the Seprieo (Croton Landing) property and the rebuilding of the firehouses. Trustee Grant considered these projects necessary and beneficial.

Mayor Elliott noted that the revenue from the parking lot pays the debt service. He explained the budget is driven by the cost of labor and welcomed any suggestions on items to eliminate. The Mayor also congratulated Village Manager Herbek on CDBG Day, and for his work with that consortium of which he is current Chairperson. He also thanked Joel Klein for his extensive work on the Millennium Pipeline.

Trustee Grant made a motion to adjourn; seconded by Trustee Wiegman. It was approved unanimously.

The meeting was adjourned at 9: 25 p.m.

Respectfully submitted

Lyn Roessler

Village Clerk