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June 21, 2001 Minutes
A Special Board Meeting of the Board of Trustees of the Village of Croton-on-Hudson, New York, was held on Thursday, June 21, 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 McCarthy
Trustee Wiegman

Absent: Trustee Harkins
CALL TO ORDER
Mayor Elliott called the meeting to order at 7:35 p.m.
DISCUSSION
David Steinmetz, attorney for Allied Waste Industries, Inc., introduced Peter Lindemeyer of Allied Waste; Linda Jefferson, district controller for Allied Waste and Don Sobocienski, who was monitoring the meeting for Walter Mack—who reports to a District Court Judge under a mandate that Allied Waste works within the law.

Mr. Steinmetz explained the purpose of the meeting on June 18th. He said he had contacted Village Manager Herbek on Thursday, June 14 and asked to meet with him prior to the regular Village Board meeting on Monday, June 18 when a Resolution to renew the Special Permit for Allied Waste Industries Inc. at Metro-Enviro for three years had been placed on the agenda. Mr. Steinmetz, Village Manager Herbek, Peter Lindemeyer, and Trustee Grant met during the day on Monday, June 18th.
Mr. Steinmetz told Village Manager Herbek that Allied Waste records had revealed 20 additional tonnage violations in December 2000. Four of the violations were 3 tons or less; nine were 25 tons or less; four were in excess of 100 tons; and none were in excess of 200. He emphasized there have been no violations since August 17, 2000, after a personnel decision to terminate an employee was carried out.
Mr. Steinmetz told the Village Board that Allied Waste had contacted them immediately the violations were revealed because they did not think the Board would want to renew the Special Permit without the information.
Mr. Lindemeyer told the board new software, “Trux,” had been installed to replace the inferior “Waste Works,’ in December. He said it provides much better documentation.
.
Trustee Grant inquired about the monitoring of Allied Waste. Mr Sobocienski said the main concern of the monitor was to comply with Federal and State law. Mayor Elliott established that all Allied Waste facilities in Westchester are monitored.

Trustee Grant was concerned that the Village Board did not know that the Federal Bureau of Investigation was investigating Metro Enviro and had confiscated hard drives from the facility. Mr. Lindemeyer told the Board he did not know about the investigation until an employee told him he was working undercover for the FBI. Trustee McCarthy established this occurred in May or June, 2000. Mr. Lindemeyer said that he had informed counsel of a request for a number of documents. To his knowledge no brokers (anyone who moves waste) were falsifying records or generating false manifests. There was a further request for records and then the FBI confiscated the hard drives. Trustee McCarthy attempted to establish when the first request of documents came from the FBI, but Mr. Lindemeyer was unable to remember without his notes. Mr. Steinmetz pointed out the intention of the meeting was to talk about Metro Enviro LLC and did not want to confuse with other things. Mr. Lindemeyer explained the confusion of changing systems, changing personnel and the FBI investigation. Trustee Grant was unable to establish if Allied Waste has been issued a license in Westchester County.
Trustee McCarthy asked how the tonnage overages were discovered and was told it was a by-product of the Federal Monitor’s investigation.  After March 2001, the Federal Monitor told Allied there was something up and they ought to take a look at what was going on.  Ms. Jefferson explained the complications of researching when the FBI had the hard drives and that she had had to work with hard copy stored in different places.

Ms. Jefferson demonstrated to the Trustees how the tonnage overages were displayed using an example of July 18, 2000 when 885 tons were received— some from the previous day. A similar event occurred the following day. Mr. Lindemeyer explained that an employee didn’t want to turn trucks away in the afternoon after the 850 ton limit had been reached, so he shut down the system and re-opened it—entering the new tickets into the next day’s report. Mr. Steinmetz told the Trustees that the new Trux software cannot be manipulated by that method.
Ms. McCarthy asked if trucks are able to go around the scale and Mr. Lindemeyer said yes.  Mr. Lindemeyer stated that prior to August 17, 2000, exempt loads were not weighed on the scale.  They were charged based on cubic yards.  Thus, those loads were not included in the daily tonnage figures.  Mr. Lindemeyer said that after August 17, 2000, everything is weighed.
Ms. Jefferson said records had been summarized up to June 19, 2001 with no infraction. Daily tickets reconcile and there have been no violations since August 17, 2000. Mr. Lindemeyer reiterated there is no way to over-ride the dates with the Trux software.
Mayor Elliott asked if there was any other category the Board should know about because of the wide concern in the community.

Attorney Waldman asked if there was any basis for concern with computer reports if tickets are eliminated. Mr. Sobocienski noted that if there are missing tickets there is a void report. He also said that if a ticket is on hold, because a truck has entered, been weighed, but has not left, the ticket sequence may not be sequential.
Trustee McCarthy asked if it is possible to delete data. Ms. Jefferson said all data automatically goes to a main computer in Chicago and backed up. She said tickets that are voided have to be explained. To Trustee McCarthy’s question about is something registered every time a truck goes on the scale, Ms. Jefferson replied that once a truck comes on the scale a number comes up with the customer’s name and nothing is physically keyboarded in.
Mr. Lindemeyer invited the Trustees to come to Metro Enviro and check out the software.
In response to Mr. Steinmetz question of “Do we have a sense of where we are going from here?” Mayor Elliott said the board would spend some time considering the new information. Trustee Grant volunteered to transcribe the discussion from the recording tape.

RESOLUTIONS

(a) On motion of  TRUSTEE Grant, seconded by  TRUSTEE McCarthy the
following resolution was adopted by the Board of Trustees of the Village of
Croton-on-Hudson, New York:

WHEREAS, additional funds are needed to fund the new parking permit
database, handheld ticket writers, and new permit stock program for use in
the parking permit office as KVS has informed the Village that they will no
longer support our current program; and

WHEREAS funds to cover these costs can be obtained from the over collection
of Sales Tax, and increasing the permit account ( 001-5650-0400 ), then
transferred to the General Fund Transfer to Capital account ( 001-9950-0903
). The Village Treasurer wishes to add a new account to the 2000-2001
Capital fund budget called the Parking Permit Program Upgrade effecting the
following accounts; and

Increase  001-5650.0400                by  $ 50,000.00 ( Parking Contractual )
Increase  001-0001.1120                by  $ 50,000.00 ( Sales Tax )
Increase  001-9950.0400                by  $ 50,000.00 ( Transfer to Capital )
Decrease 001-5650.0400                by  $ 50,000.00 ( Parking Contractual )
Increase  3-5650.200.0001.57        by  $ 50,000.00 ( Parking Program )
Increase  3-5031.0001.0057           by  $ 50,000.00 ( New Fire House )

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

(b) On motion of  TRUSTEE Grant, seconded by  TRUSTEE McCarthy, the
following resolution was adopted by the Board of Trustees of the Village of
Croton-on-Hudson, New York

WHEREAS, the Village Treasurer has reviewed the 12 month year to date
expenditures for each department and recommends the following
modifications:

                        GENERAL  FUND

Increase    001-1420.400  by      $        999.00     ( Contractual Expense )
Decrease   001-1940.400  by      $        999.00     (Contract Legal  )
Increase    001-1680.200  by      $     2,000.00     ( Equipment )
Decrease   001-9060.800  by      $     2,000.00     ( Medical Insurance )

NOW  THEREFORE BE IT RESOLVED that the Village Treasurer amend the 2000 -
2001 General Fund budget to reflect these changes.

(d) On motion of  TRUSTEE McCarthy, seconded by  TRUSTEE Grant, the
following resolution was adopted by the Board of Trustees of the Village of
Croton-on-Hudson, New York

WHEREAS, additional funds are needed to cover unanticipated expenses at the
Harmon Fire House; and

WHEREAS, funds for this additional work exist in the fire department budget
as unexpended appropriations as of 5/31/2001; and

WHEREAS funds to cover these costs can be transferred from the fire
Department’s expense lines, then moved from 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  3-3410.200.9899.15   by  $ 30,000.00 ( New Fire House )
Increase  3-5031.9899.15          by  $ 30,000.00 ( New Fire House )

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

(c) On motion of  TRUSTEE Grant,  seconded by  TRUSTEE Wiegman  the
following resolution was adopted by the Board of Trustees of the Village of
Croton-on-Hudson, New York

WHEREAS, the Village wishes to fully fund its total compensated absences
liability for the fiscal year ending May 31, 2001 with revenues generated
in the same; and

WHEREAS funds to accomplish these needs exist in various General Fund
revenue accounts, whose excess  earnings have been identified by the
Village Treasurer as having been collected over the last 12 months ( total
$ 395,000.00); and

WHEEAS, the Village Treasurer wishes to amend both sides of the 2000-2001
General fund operating budget effecting the following accounts, and fund
this liability;

Increase   001-1110- 0100       by    $  10,579.44    ( Court’s Personnel )
Increase   001-1230- 0100       by    $    6,999.46    ( Manager’s Personnel )
Increase   001-1325- 0100       by    $  18,999.15    ( Treasurer’s Personnel )
Increase   001-1440- 0100       by    $  37,999.03    ( Engineer’s Personnel )
Increase   001-1640- 0100       by    $    4,999.52    ( Garage Personnel )
Increase   001-1680- 0100       by    $  24,007.09    ( Computer Personnel )
Increase   001-3120- 0100       by    $144,321.07    ( Police Personnel )
Increase   001-5110- 0100       by    $101,657.49    ( Highway Personnel )
Increase   001-5650- 0100       by    $    1,999.88    ( Parking Personnel )
Increase   001-7140- 0100       by    $  43,437.87    ( Recreation Personnel )


Increase   001-0001- 1090       by    $  15,000.00    ( Interest Penalty Fees )
Increase   001-0001- 1120       by    $  45,000.00    ( Sales Tax )
Increase   001-0001- 1720       by    $  15,000.00    ( Permit Fees )
Increase   001-0001- 1730       by    $  55,000.00    ( Daily  Fees )
Increase   001-0001- 2001       by    $  20,000.00    ( Recreation Fees )
Increase   001-0001- 2401       by    $100,000.00    ( Interest Earnings )
Increase   001-0001- 2555       by    $  20,000.00    ( Building Permits )
Increase   001-0001- 2610       by    $  66,000.00    ( Court Fines )
Increase   001-0001- 2651       by    $  14,000.00    ( Recycling Reimburse )
Increase   001-0001- 2665       by    $  20,000.00    ( Sale of Equipment )
Increase   001-0001- 2690       by    $  25,000.00    ( Reimbursed Claims )

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

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

RESOLUTION OF THE VILLAGE BOARD OF TRUSTEES
CONCERNING THE CONSISTENCY OF THE MILLENNIUM PIPELINE PROJECT WITH THE
VILLAGE LWRP

On motion of Trustee Wiegman, seconded by Trustee Grant, the following Resolution was unanimously adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York, this day of June 21, 2001.

WHEREAS, it is the intention of the Village Board of Trustees that the
manmade and natural resources of the unique coastal area of the Village of
Croton-on-Hudson be utilized in a way that minimizes adverse impacts to
wildlife and the natural environment, diminution of open public space and
scenic beauty, and impairment of water quality and water supply; and

        WHEREAS, the Village Board of Trustees has adopted Local Law No. 2 of
1992, the Local Waterfront Revitalization Program (LWRP), which has been
approved by the Secretary of State pursuant to the Waterfront
Revitalization of Coastal Resources and Inland Waterways Act of the State
of New York (Article 42 of the Executive Law) and the federal Coastal Zone
Management Act (CZMA), which requires that all federally-permitted
activities demonstrate consistency with the policies set forth in the LWRP;
and

        WHEREAS, the Village Board of Trustees is deeply concerned about the
potential impacts of the proposed Millennium Pipeline Project on the
environment and natural resources of the Coastal Zone, of which the entire
Village of Croton-on-Hudson is part; and

        WHEREAS, the Village Board of Trustees has retained technical experts
(OíBrien & Gere Engineers, Inc.) to evaluate the potential impacts of the
proposed Millennium Pipeline Project on the Coastal Zone and the Village;
and

        WHEREAS, the Village Board of Trustees has reviewed the Findings of the
Village’s Waterfront Advisory Committee (WAC) regarding the consistency of
the proposed Millennium Pipeline Project with the LWRP, and has reviewed
the Report evaluating the impacts of the Millennium Pipeline Project
prepared by O’Brien & Gere Engineers, Inc.

NOW THEREFORE BE IT RESOLVED:

The Village Board of Trustees concurs with the Findings of the WAC, and for
the reasons set forth therein and in the O’Brien & Gere Report, hereby
finds that the proposed Millennium Pipeline Project is not consistent with
the LWRP.

The Village Board of Trustees recommends that the New York State Department
of State (NYSDOS) Division of Coastal Resources deny the Millennium
Pipeline Project’s consistency certification on the basis that the Project
is not consistent with the Village’s LWRP or with the State Coastal
Management Program.

REPORTS:
Village Manager Herbek updated the Trustees on a variety of subjects. He said Recreation Director Mary Zimmermann would not be returning after a six-month leave of absence. He is making arrangements for the Village Board to meet with Mark Duncan of the Recreation Department. Mr. Herbek considered the only way a kiosk will be built at Croton Commons is if the Village does it—with the cooperation of civic groups eager to use it. He advised the Board the account with O’Brien and Gere has passed the $25,000 mark.  Regarding the Millennium Pipeline, Mr. Herbek said the Public Service Commission has changed its position and will allow the line 30 feet closer to the power lines—which he regarded as good news. On grant issues, Mr. Herbek has made a pitch for $300,000 to Mid-Hudson Transportation and will apply for a grant through the T21 Enhancement Project in the hope of doing the parking lot in stages. The Village Manager is taking the next step in the project plan of the Brook Street Grade Closing and will meet with NYSDOT at Metro-North. He reported the Glengary Road Traffic Count has been submitted. Finally, Mr. Herbek said that “The Legends” at Half Moon Bay is about to begin.
On the motion of Trustee Grant, seconded by Trustee Wiegman, and unanimously approved by the Board, the meeting was adjourned at 9:40 p.m.

Respectfully submitted

Lyn Roessler, Secretary

Richard F. Herbek, Village Clerk