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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
 
December 17, 2001 Minutes
A regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, December 17, 2001 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.

The following officials were present:

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

        Absent: Trustee Grant

1. CALL TO ORDER:

    Mayor Elliott called the meeting to order at 8:18m p.m.  Everyone joined in the Pledge of Allegiance.

2. APPROVAL OF MINUTES:
     Trustee Harkins made a motion to approve the minutes of the Regular Board Meeting held November 19, 2001 as corrected.  Trustee Wiegman seconded the motion.  Approval was unanimous.
     Trustee McCarthy made a motion to approve the minutes of the Regular Board Meeting held December 3, 2001 as corrected.  Trustee Wiegman seconded the motion.  Approval was unanimous.
     As part of the discussion, Trustee Harkins asked that the Mayors votes be recorded in the minutes.


SPECIAL PRESENTATION:

Mayor Elliott recognized County Legislator Michael Kaplowitz.  Mr. Kaplowitz explained that as of January 1, 2002, he will no longer be representing Croton-on-Hudson in the County Legislature.  Croton will be represented by Richard Wishnie. Mr. Kaplowitz pledged to work with Mr. Wishnie on continuing projects of importance to the village. Mr. Kaplowitz mentioned the refurbishing of the fields at Croton Point Park for use by Croton players and the removal of an additional 128 lots from the sewer district as two examples of continuing to work on the villages behalf.

Mr. Kaplowitz also said the he and the County Legislature were continuing to look at issues related to the proposed Millennium Pipeline and Indian Point.  Security is their main focus.  They are asking the Governor for a feasibility study to see if it is possible to convert the Indian Point facility to a gas facility.

In closing, Mr. Kaplowitz thanked Croton for opportunity to represent us.

Mayor Elliott talked about the historic value of Croton Point Park and mentioned several historic sites and occurrences.  He asked that Mr. Kaplowitz keep this in mind when the County moves forward with enhancing the Parks recreational role.  He thanked Mr. Kaplowitz for his help to Croton during his tenure as our representative.

Trustee McCarthy asked what role the county could play in studying and developing programs for the use of solar energy and other alternative forms of energy.  She suggested that perhaps the County could work with the State to provide help and incentives to homeowners to take this step.  Mayor Elliott thanked Trustee McCarthy for raising this and stated that he testified to this same point at a recent Board of Legislature meeting.  Mr. Kaplowitz agreed that the County could be doing more along with other entities.  

3. APPROVAL OF VOUCHERS:

       General Fund            $ 44,700.65
       Water Fund                              992.68
       Capital Acct.                       40,631.18
       Trust & Agency                           0.00


4. CORRESPONDENCE:
   Village Manager Herbek read the following correspondence (full text available at the Village Office);
a)      A letter from Alan Rothschild, Rothschild & Pearl, L.L.P., on behalf of Steel Style Development Corp., requesting a Special Permit for changes to be made to the Half Moon Bay Marina.    The changes would involve changes in the configuration of the docking slips, extending the docks and relocating the existing pump out station.  

The Village Board referred this request to the Planning Board for an opinion and recommendation.  Trusteee Wiegman asked if the Water Control Commission had seen this at the time of the original special permit. He was informed that the Commission did not exist at the time it was issued.

Trustee McCarthy stated she would have to recuse herself due to work her firm has done in the past for Mr. Plotkin.

Mr. Herbek asked Attorney Waldman for an opinion on SEQR requirements for this application and stated that the application will be referred to the Waterfront Advisory Commission and the Water Control Commission for review.
           
b)      A letter from the NYS Board of Real Property regarding the Notice of the Tentative Railroad Ceiling.  Mr. Herbek stated that the news is good that the railroad ceiling is going up for Croton-on-Hudson.

5. CITIZEN PARTICIPATION:

        Andy Matyi spoke to the Board about the Pearl Harbor commemoration on December 7, 2002.  Croton Veterans wish to host the area veterans at that time using the Community Room.  Trustee McCarthy proposed a resolution allowing the veterans to use the Community Room on that date, seconded by Trustee Wiegman.  It was passed unanimously.  Mr. Matyi asked for an update on the veterans request for putting stars on the local street signs. He noted that nothing has happened since he mentioned this at an earlier meeting in May.  Manager Herbek said that his understanding was that stars would be put on the signs when the existing signs are replaced.  This will happen when all the signs are changed in the future.  Trustee McCarthy suggested that if it is going to be a very long time frame, the signs should be put up now.  Manager Herbek said if there were only a few sign that it could be done.  Mr. Matyi stated that the number of missing street signs is six.

6. RESOLUTIONS:
a) On the motion of Trustee Wiegman, seconded by Trustee Harkins, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:  

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the 2002 agreement with the Town of Cortlandt regarding the Mount Airy Protection Fire District.

Discussion:  Trustee Harkins asked where the funds go when they are received.  Manager Herbek replied that some goes to the Fire Council and the balance goes into the General Fund.  Trustee Harkins asked if some should be earmarked for apparatus to which both Manager Herbek and Treasurer Reardon replied that it should be part of the operating budget.  Mayor Elliott noted that it would require a change of budget philosophy to accomplish this.  This approach could be discussed at a future date.


b) On the motion of Trustee Harkins, seconded by Trustee McCarthy, the following resolution was unanimously adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York.

        WHEREAS, the community of Croton wishes to acknowledge the time and effort that David J. Manes gave to the Community, in growing and developing baseball for children in Croton.  At the request of the community, the Village of Croton hereby renames the Lower Alexander Lane Field to the “David J. Manes Memorial Field”:

        Now, THEREFORE BE IT RESOLVED, that the Village Manager is hereby;
1.      Authorized and instructed to organize the update of Village records to so reflect the name change of this ballfield.
2.      Authorized and instructed to organize appropriate signage to identify the ballfield.

Further, THEREFORE BE IT ALSO RESOLVED, that the Village of Croton by dedicating this ballfield wishes to acknowledge Davids contribution(s) to the children of this Community.

Discussion:  Manager Herbek noted that the Recreation Advisory Board had requested that a decision on naming be put off until a policy on naming fields and buildings is established.

c) On motion of Trustee Harkins, seconded by Trustee McCarthy,  the  following resolution was unanimously adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York:  

WHEREAS, the Village Board desires to construct a skateboard facility at the former sanitary sewage treatment plan; and

WHEREAS, in accordance with the requirements of the State Environmental Review Law, the Village Board must make a determination as to the environmental impact of this construction; and

WHEREAS, a Short Environmental Assessment form has been prepared, signed by the Village Manager and accepted by the Village Board; and the Village Board has duly considered all of the environmental impacts of this action,

NOW THEREFORE BE IT RESOLVED: that the Village Board does hereby determine, based upon the Short Environmental Assessment Form submitted to and reviewed by the Board, that this is an unlisted action;

AND BE IT FURTHER RESOLVED: that the Village Board does hereby adopt the attached Negative Declaration with respect to this matter.

Discussion: None

d) On motion of  Trustee Wiegman  seconded by  Trustee McCarthy,  the following resolution was unanimously adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York:

WHEREAS, the Village has long been concerned about the sanitary sewer odor at the north end of the Village; and

WHEREAS, the Village Superintendent of Public Works has obtained a product called Bioxide from a firm that has solved the problem, but has no budgeted funds to cover the costs in the amount of $17,000;

NOW THEREFORE BE IT RESOLVED: that the Village Treasurer is hereby authorized to amend the following accounts to fund the Bioxide:

Increase    001-8120.0400  by   $  3,000.00     ( Sanitary Sewer Contractual )
Increase    001-8120.0420  by   $14,000.00     ( Sanitary Sewer Supplies )
Decrease   001-1990.0400  by   $17,000.00     ( Contingent )

Discussion:  Trustee Wiegman asked if the current balance in the contingency account is normal for this time of year. Treasurer Reardon responded that it varied from year to year.

e) On the motion of Trustee Harkins, 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, $ 1,729.00 was received from a youthful defendant, for restitution in compliance with a Court order; and

        WHEREAS, the recovery will be used to reimburse the General Fund for expenses incurred; and

WHEREAS, The Treasurer wishes to open both sides of the General Fund budget to cover this repair, amending the 2001-2002 General Fund budget effecting the following accounts; and

Increase  1-7140.0420.  by  $ 1,729.00    ( Recreation Supplies )
Increase  1-0001.2680   by  $ 1,729.00    ( Insurance Recoveries )

Now Therefore be it resolved that the Village Treasurer amend the 2001 -2002 Capital Fund budget to reflect these changes.

Discussion: None

7. REPORTS:

Village Manager Herbek reported on the skateboard site.  He was able to locate the environmental Phase I assessment done in 1989.  The study did involve a subsurface investigation.   The report indicated a clean site and concluded that soil remediation would not be necessary.  Manager Herbek stated that he had provided the Board with a memo indicating the road resurfacing in various areas of the Village that was accomplished in the November time frame.  He also referenced a memo from the Recreation Advisory Board indicating they had anticipated that both the DPW and the skateboard facility would be able to share the same site.

Manager Herbek gave a comprehensive update on Millennium Pipeline proposal.  FERC has it on its Dec. 19 agenda.  A large group of people will be attending from Westchester primarily from NUMB and Mt. Vernon residents.  They will be taking a bus to the meeting and there are still available seats.  Our counsel, Neil Levy, from Kirkland and Ellis, did not think it was critical for attendance as there is no public input allowed.  It also could be removed from the agenda at any time.  Mr. Levy did send a letter to the Commission outlining three issues that he believes require FERC to postpone further action on the Millennium permit.  1) New blasting information recently disclosed by Millennium to occur in Haverstraw Bay that has never been reviewed or evaluated by any of the agencies reviewing this application. 2) A FERC decision now would violate the requirements of the Coastal Zone Management Act that requires the state complete its review first.  The NYS Dept. of Coastal Zone Management has made it clear that they must make the consistency determination prior to the action of the FERC.  3) The existing review suffers from several defects under the National Environmental Policy Act (NEPA).  Kirkland and Ellis also further reviewed and commented on the inadequacy of the FEIS that has been prepared and urged the FERC to take another hard look at the project and its impacts before moving ahead with certification.  Mr. Levy met with the Governors council in NYC last week but we do not know what their position is or when a decision will be made.  Manager Herbek and Mayor Elliott also participated in a press conference with County Executive Spano today in which the County Executive demanded that the pipeline not be certificated on the basis that it violates the Coastal Zone Management requirements.  

Trustee Wiegman stated that the Waterfront Advisory Committee met to discuss the Waterfront Feasibility study.  They will send their comments in the New Year to the Village Board. He also reported that the Adopt a Land Mine fund raiser (Night of a Thousand Dinners) raised $15,000.00 to be used to clear a specific minefield in Southeast Asia.  About 150 people participated in the dinner.  He acknowledged the efforts of the following people in making it a success:  Eleanor Shatzkin, Moises Sandoval, Ann Harbeson, Connie DePinho, Inger Tanier, Dom Anfiteatro, Tom Vasta, All the Croton clergy and the many people who hosted dinners.

Trustee McCarthy wished everyone happy and healthy holidays.   She stated that the locating of the skateboard facility at the Municipal Place site has brought forward the issue of the proper location for the DPW.  They have outgrown their current site which could also be income producing through additional parking spots..  We need to address this issue.  She called for a committee to be established to find a new site for the DPW.  She would like to know how many additional parking spaces could be added. Manager Herbek stated that 150 spaces would become available.  Mayor Elliott pointed out that there are no easy answers to the best location for the DPW; there are some positives/negatives about all the probably sites.  Trustee McCarthy noted the additional lights on the tree at Five Corners.  She asked if the Central Veterans committee have secured more flags for the utility poles.  Manager Herbek will refer this to them to find out.  Trustee McCarthy also stated that she felt the Village should have an expert review the Phase 1 study that was done at the Municipal Place site.  Manager Herbek said he would make the existing report available for the Village Board to review first and then the Village Board can discuss it at a work session.

Trustee Harkins stated that since the street sign replacement program may take time, the Village should go ahead and put up 6 street signs to honor the veterans.  He noted that the Indian Point siren test was not very well heard by him at home.  Some teachers also reported this. Manager Herbek will forward this information to the appropriate county office. Mr. Harkins reported on the work session meeting with the Village Auditors, Bennet, Kielson and Storch, to review the audit report for 2001.  Our budget surplus in the fiscal year ending 5/31/01 for the general fund was $1.2 million.  This surplus is still an issue for him.  Should we have tax increases while we have a surplus? Trustee Harkins thanked all the people who helped make this years Winterfest a success: Chamber of Commerce, the Recreation Department, PVC students who performed, the Fire Department who delivered Santa, the CET Parent Teacher Organization and the Croton Chorale.  Everyone had a great time.  Next year it will be on Sunday, Dec. 8, 2002.

Mayor Elliott stated that he hopes to be able to attend the FERC meeting in Washington D.C.  He has also authorized Manager Herbek to attend.  He also noted the auditors report at the recent work session.  He said that having a fund balance of $1.2 million was exactly what the Village has been working to achieve for many years. The auditors described the Villages financial condition as “excellent”.  Mayor Elliott thanked and commended Manager Herbek, Treasurer Reardon and the staff for achieving this.  The Mayor noted the performance of the Messiah on December 16 and offered the Boards best wishes to John Grant for a quick recovery.

Mayor Elliott then stated that the Board would reconvene into Executive session that was begun prior to this meeting to discuss a matter of litigation.  The public portion of the Meeting was adjourned at 9:42 p.m. on a motion by Trustee Wiegman, seconded by Trustee McCarthy.



Respectfully submitted,

Ann H. Gallelli, Secretary



Richard F. Herbek,

Village Clerk