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June 4, 2001 Regular Meeting
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, June 4, 2001 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.

 (Note: at this meeting, agenda items were opened out of published order).

The following officials were present:

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


1. CALL TO ORDER:
Mayor Elliott called the meeting to order at 8:05 p.m.  Everyone joined in the Pledge of Allegiance.

        OPEN FORUM

Village Manager Herbek gave an outline of the background, current status of the Millennium Pipeline Project, an overview of those present at a walk-through in the Village this week and a statement of the Village’s position on the pipeline project.  (Written statement was available to the public at this meeting and is available at the Village Office.)

Maria Cudequest, 84 Grand Street, read a prepared statement expressing her objections to the Millennium Pipeline going through the Village of Croton-on-Hudson and the manner in which this project is being handled.

Jeff Yeates stated that he would like to state the official position of the NUMB (Not Under My Backyard) organization; that they appreciate the effort the Village has gone through to date; they take this as a demonstration of good faith; they appreciate all levels of politicians for their support on this issue; they are working actively with FERC and the PSC on alternative routes; they feel it is most appropriate to pursue any activity regarding the placement of the pipeline on the ConEd offset through legal channels for which they have retained counsel.  He added that the official position is that they do appreciate the good faith that has been shown as demonstrated in what Mr. Herbek read at the beginning of the meeting.

Mayor Elliott stated that he welcomed any resident to come to the Village office and discuss this issue with him.


PUBLIC HEARINGS:
Mayor Elliott opened the Public Hearing on Local Law Introductory #5 of 2001, amending the Zoning Law with respect to the requirement of a special permit.
Mayor Elliott opened the Public Hearing on Local Law Introductory #6 of 2001, amending the Zoning Law regarding C-1 and C-2 Districts.
Mayor Elliott opened the Public Hearing on Local Law Introductory #7 of 2001, extending the Moratorium for gateway districts.

Discussion: Ann Gallelli, members of the Comprehensive Planning Committee and Consultant, Frank Fish, were present at this meeting.  Ms. Gallelli explained the recommendations and background of the three Local Laws as reviewed and presented tonight, adding that the resident survey was highly important and the proposed recommendations were based on that input; they were not offering the comprehensive plan tonight, but these recommendations are consistent with the direction of the comprehensive plan.  Frank Fish made a presentation to help clarify what is proposed.  Discussion:  In answer to a question from the audience about a “grandfathered” or “as of right” business and what would be the status if the business is sold, the answer was that any use that is legally allowed now will be allowed to continue.  Irwin Katz stated that his business would not conform based on the screening requirement, but it now has a minimum of vandalism; if he is required to provide a larger buffer area and block off more, the vandalism will skyrocket and he asked that this item be strongly reconsidered. Mr. Fish replied that the key words in the regulation are ‘approved by the Planning Board’ which has the discretion to not require shrubbery if safety is an issue.  Mr. Giordano, Croton Dodge, asked if every condition that exists is grandfathered, particularly a storage lot that has been in existence several years.  Mr. Fish replied that this would not be changing the situation if approved now; however if an expansion is requested, the business would have to comply with the new standards; the committee has not made any recommendation to change street parking permits.  Mr. Giordano stated also that above ground storage tanks are now wanted to be underground, but this is contradictory to federal standards.  Mr. Fish replied that the section of the existing law that refers to underground storage was not changed, but questioned if it should be discussed to conform to applicable government standards.  Warren Koch, 368 S. Riverside Ave., stated that his property is now under C1, mixed use, but will change to C2 and asked if he will need a special permit under C2 to convert from office to retail.  Mr. Fish replied that he would have to apply for a special permit if there is a change.  David Steinmetz, representing Allied Waste, asked what is the understanding of the impact of the proposed change to Section 230-18 on his client’s operation and permit.  Mr. Fish replied that if this is passed, his client becomes a prior non-conforming use, which entitles them to continue their use, but not expand it.  Village Attorney Waldman added that they are a prior non-conforming use now and the question was raised three years ago that it may be an as-of-right use, but it will clearly no longer be, adding that a pre-existing non-conforming use still requires a special permit.   Mr. Steinmetz stated that if the Board intends to make a determination prior to the expiration of the temporary extension granted, he would appreciate receiving notification of this and whether or not they will be returning in June.  Village Attorney Waldman clarified that if the Board is not able to vote on Allied’s application in time, Allied Waste will be seeking an extension which they would confirm in writing and should not receive any resistance from the Board.   Peter Tsagarakis, 109 Morningside Dr., stated he feels he was not treated fairly when he was seeking changes to his Clinton St. property many years ago; the Village has to work very closely to not put in more laws and regulations which will cause hard feelings; more special permit requirements makes it very hard to do business in the Village.  Marcia McCraw, 26 Lexington Drive, asked if the strip that includes Blockbuster and Dunkin Donuts by the Grand Union was included in the floor area ratio (FAR), if so, she recommends .3 not .5.  Ms. McCraw also asked if, when C1 is done in the Upper Village, are there standards for architectural restoration and additions; she is curious why special permits were not enforced.  Ann Gallelli replied about the design guidelines for the Upper Village, which are part of the overall comprehensive plan and guidelines for visual appearance will be included.  Mayor Elliott stated he is putting together a committee to look at voluntary historical preservation.  He added that, regarding enforcement, the Village has added a little more in the budget this year, which will be additional help for the code enforcement officer.  Peter Calderone, Chromascan, 16 Brook St., stated that he has not seen a commercial impact study in any of these papers; a lot of business people are here because they feel these changes are radical and could be negatively impacted by this; nobody has been canvassed in respect to the economic impact on local business people.  Trustee McCarthy asked if this particular legislation has been shown to the Chamber of Commerce.  Ann Gallelli replied that the Chamber has not been involved in a special way, but they have been a part of it.  Mr. Fish replied that the end of the EAF he has put in two diagrams to show these changes do not have a negative effect on any property owner who has plans to build in either C1 or C2; they have reviewed the Grand Union lot and the FAR is lower than .5; he explained how the ratio is achieved; most communities feel .5 is generous; when property becomes valuable enough, then structured parking could be built, but the committee wants to avoid having to build structured parking; the EAF ultimately will have an impact on density in the Village and, in the future that will be beneficial in the long term without harming the current property owners.   Ms. McGraw asked if they used different parking criteria for uses such as a medical building.  Ann Gallelli replied that they recognize certain uses require different criteria; years ago, these buildings were granted parking variances which reduced the number of parking spaces they need to have.  Valerie Leis, Radnor Ave., asked what these revisions in zones are intending to do to gateways, such as Croton Point Avenue.   Ann Gallelli replied that they have requested an extension of the moratorium for three gateway areas in the Village; they still feel issues that are part of the bigger plan need specific guidelines for gateways; the end of the plan they will present design guidelines specific for gateways.  Peter Calderone, 16 Brook St., stated that his objections are not just to the FAR, but there are a lot of aspects of zoning changes that should be considered such as warehousing, storage, commercial parking lot allowances and economic impact.  Jerry Burton, 102 Benedict Blvd., stated that hotels and inns should not be allowed in the Harmon area because of the traffic and a hotel would cause parking issues also.  Mr. Fish replied that the committee did change the existing wording from motels to inns, but this comment will be taken under consideration.  Jonathon Karpoff, 6 Sunset Dr., stated that since the recommendation is to extend the moratorium on gateway areas, why not on a wider basis to allow the Comprehensive Planning Committee to bring forth the entire work; he feels this is making it harder to do business in the Village and asked if there is a well defined guideline for denial of special permits or is it open to interpretation by the Board.  Ann Gallelli replied that a yearlong moratorium is lengthy and this recommendation covers about 90% of what they wanted to do and feel comfortable to be able to legally ask for six months more.  Village Attorney Waldman added that there are a number of owners waiting to move forward who have been barred by the moratorium and they will now be free to do so if and when this is passed.  Kieran Murray, 20 Arlington Drive, a Croton Point Ave. property owner and someone who has been waiting to develop, asked if LL #7 is being put in place to develop distinct overlays for signage, landscaping, access and design requirements and asked if current C2 FAR and usage requirements are now fixed for all of C2 and that is just an extension of these items exactly as it says.  Mr. Fish replied that he went over this with Mr. Murray and it is an overlay on the existing zone, not an attempt to change C2 or the uses, and they are looking at design issues for gateways, but he can’t guarantee the committee will or will not come up with specific use changes or FAR changes because it hasn’t been fully discussed yet.  Mr. Murray added that he has unique circumstances that his property pitches in such a way that he could develop 3 stories, the FAR reduction could significantly impact the size of the building and asked how much of a basement counts toward FAR.  Mr. Fish replied that the definition in the current code has not been changed.  Mr. Murray asked that if the FAR and uses are somewhat set in stone and they are talking just about landscaping, could they develop a mechanism to allow him to start the process before December.  

The Public Hearings for Local Law Introductory #5 and #6 were adjourned and will be continued to the next regular Board Meeting.  The Public Hearing for Local Law #7 was closed.  

Village Manager Herbek stated that every property owner in the Village has been publicly noticed by mail and Mr. Tully’s letter is included in the official records.

Trustee McCarthy referred to 1st page on C1, sub 2, personal service, stores, etc. and asked if it was meant to be personal service establishments or just take out the comma.  Ann Gallelli replied that it should read as personal service stores.  It was concluded that it should be changed to read personal service establishments, stores, etc.  Trustee McCarthy referred to page 2, sub 10, solid and liquid waste transfer and storage, stating that the rest of the sentence does not track the provision as set forth in Local Law #5 and it needs to track that identically and should be put into it’s own lettered section in C2, after “b”, whereby “c” would be this provision.  It was concluded that the Committee would take this under consideration.  Trustee McCarthy referred to the fact that social clubs are defined in C1, but not in C2, and should be included in the general definitional section.  This also was noted.  Trustee McCarthy stated that in the interest of disclosure, her parents live one block behind the commercial Harmon district.  She added that there are a few uses in C2 that bother her; research laboratories do not belong in C2, it should be in light industrial only.  Ann Gallelli replied that there were discussions about this and determined that there were many kinds of research labs that would be acceptable and could be left open to review in case-by-case basis.  Trustee McCarthy replied that this is unrestricted and left open to interpretation and should be defined and restricted.  Trustee McCarthy stated that she has no faith in the special permit process and does not like ad hoc zoning; it puts the Village in troublesome territory.  Mr. Fish replied that research labs are now allowed in C2 and the committee did compromise to allow by special permit, but take them out of the as-of-right laboratory.  Trustee McCarthy stated that they are looking at a zoning code that is very outdated and she thought this was going to be approached a little more “out of the box”, but nothing is written in stone and can be changed.  Trustee Grant added that she would not want to restrict something that may be a good use and restrictions can be put on the special permit such as was done with the MetroEnviro special permit.  Discussion followed on the difficulty of defining research labs because there are so many variations.  Trustee McCarthy asked if regarding hotels and inns, because there would be a common lobby, was the intent that the lobby is manned?  This also was concluded to have the wording worked out.  Trustee McCarthy stated that manufacturing is permitted in too many places in the Village and under C2, section 8, the provision should come out.  Ann Gallelli stated that this was also discussed and it was agreed that this could be dealt with on a case-by-case basis; that the Village has a number of craft-type businesses that would come under this provision.  Trustee McCarthy asked that if they took the other provision and said, "sold on and off premises for retail” or something similar would that satisfy the objective.  No conclusion was determined.  Trustee McCarthy referred to Page 7, item E, regarding automobile sales, when you have automobile service stations, storage outside is allowed and she asked what the justification is between the two uses.  Ann Gallelli replied that sales & service is a dealership, but the committee didn’t feel they were in the business of doing large-scale bodywork and dismantling of cars.  Trustee McCarthy stated that the existing service stations, car dealers, animal hospitals, if they have a special permit now, then this law doesn’t change anything for them, but do they now have to come in for another permit.  The committee response was no, not if they are operating legally now.  Trustee McCarthy added that if they didn’t have a permit, they would be required to come in and comply; there are other restrictions and would they have to comply.  The committee persons replied that this would not be known until they did something that would require an approval from the Village.   Village Attorney Waldman stated that it his understanding that those who have permits now that are not indefinite in nature, but are not due for renewal, do not have to come in for a new permit in the middle of their permit term, but when they would require to get a new permit by it’s terms.  Trustee McCarthy referred to Page 7, “F”, and the portion that covers loading and unloading, are there other communities that have this provision?  Mr. Fish replied that he cannot say anyone has the same, especially the hour restrictions, which are provisioned for the Village.  Village Manager Herbek stated that this is geared specifically for the Riverside Ave. area.  Trustee McCarthy suggested changing the hours.  Ann Gallelli stated that this is a decision that can be made by the Board; this is the Committee’s recommendation trying to satisfy concerns they have been hearing.  Trustee McCarthy stated that the Comprehensive Plan Committee has had an unbelievable job trying to put all this together and appreciates all the time spent on this, but one of the items she has previously brought up is the possibility of hiring a business consultant to develop a vision for the business development; a lot of obstacles were put in the way of her desire and she feels that the cart is coming before the horse because she doesn’t have the vision or statement of what they want this to be before the rezoning and feels they will be coming back to do touch up on this once she has the vision.  A member of the Comprehensive Plan Committee stated that he felt extending the moratorium longer and waiting for a vision to be written up would not have been the right thing to do for those who are in business and would have been affected by it; they do have a vision based on comments and reports they have been compiling.

Trustee Grant made a motion to approve Local Law Introductory No. 7, the extension of the moratorium; the motion was seconded by Trustee Wiegman, approved unanimously.  Upon adoption, this law becomes Local Law No. 6 of 2001, following the sequence of adopted Local Laws of the Village.

Local Law No. 6 of the year 2001.

A local law extending the Year 2000 Development Moratorium Law for Gateway Districts for six months.

§~I.    SHORT TITLE
This local law shall be known and may be cited as the Extension of the Year 2000 Development Moratorium Law for Gateway Districts of the Village of Croton on Hudson

§~II.  LEGISLATIVE INTENT
In 1999, the Village Board of Trustees created a Comprehensive Plan Committee pursuant to Village Law Section 7-722 to review, update and revise the Village's 1977 Comprehensive Zoning Plan (also known as the Master Plan), to meet current conditions and current needs. The establishment of the Comprehensive Plan Committee was prompted by the Village's concern about land use and development trends in the Village, County and region, the present standards of the Village contained in its local laws and regulations, and the Village's intent to update and revise its local law and regulations to conform to a revised Comprehensive Plan. Local Law Introductory 3 (known as the Year 2000 Development Moratorium Law), adopted June 26, 2000, established a temporary moratorium on certain building and development in the Village of Croton-on-Hudson.  This law, in effect one year from its adoption date, will terminate on June 26, 2001.  The purpose of this moratorium law was to provide “reasonable protective interim regulations during the preparation and consideration of such studies and of revisions and amendments to the Village's Master Plan and to local laws and subdivisions regulations,” and thereby protect the public interest and the integrity of the final Comprehensive Plan and any related revisions and amendments.  

Over the past year, the Comprehensive Plan Committee has conducted extensive research, three public workshops, and sent a residential survey sent to all Croton households as part of its Comprehensive Planning process, thereby laying the groundwork for the updated 2001 Comprehensive Plan, which will be adopted later this year.  Study Goals and Issues and Opportunities Reports have been prepared, reviewing the basis for the vision, goals, and objectives of the comprehensive plan.  Changes to the Light Industrial zoning have been prepared and adopted.  In addition, the Committee has reviewed the current commercial zoning and prepared recommended zoning changes to enhance these commercial districts.  These include the following proposed revisions for the Commercial Districts zoning code:  

1.      Rezone North Riverside from C2 to C1
2.      Rezone Harmon and Croton Commons C1 districts to C2
3.      Reduce the FAR in C2 districts from 2.0 to 0.5
4.      Eliminate automobile service stations and automobile sales as a permitted use from C1 districts.
5.      Incorporate specific recommendations from the Planning Board on automobile sales regulations (for C2 districts)
6.      New landscape standards for parking and loading have also been proposed  

Issues raised in the survey, public workshops and committee meetings have indicated that, among other issues, the general appearance of the Village, especially at commercial areas along Routes 9 and 9A, should be an important component of the Comprehensive Plan presently being prepared.  In its evaluation of the function and character of these commercial areas as image-defining “gateways” to the Village, the final Comprehensive Plan will also include proposed gateway zoning district overlays with signage, landscaping, access, and design requirements.  

The proposed areas for these gateway-overlay districts are:

Proposed South Riverside/Harmon Gateway District  
Those lots fronting the north side of Croton Point Avenue east of Route 9, and those lots on either side of South Riverside Avenue north of Croton Point Avenue to Benedict Boulevard.

Proposed Municipal Place Gateway District
Lots fronting north and south sides of Municipal Place up to a depth of 500 feet, but excluding any lots fronting Beekman Avenue and Wells Avenue.

Proposed North End Gateway District
Includes the O-1 office district, consisting of the eight (8) lots between Route 9 and 9A, between the Village line to the north to Warren Road to the south.

Upon the recommendation of the Comprehensive Plan Committee, the Village Board of Trustees finds that, pending the completion of all the necessary studies of the gateway areas, reasonable protective interim measures must be adopted to preserve and protect the public interest and the integrity of the completed Comprehensive Plan and of any revisions and amendments to the Village’s local laws and zoning code.  It is therefore proposed that the moratorium on development be extended only for the above-defined “gateway district areas” until December 26, 2001.  This moratorium extension will serve to protect the public interest and prevent premature development in these commercial areas, which could prejudice the objective of any changes and of the final Comprehensive Plan.  

§~III.  CONTROLS AND PROHIBITIONS

During the effective period of this law:

A.      Neither the Village Board of Trustees, the Planning Board, the Zoning Board of Appeals, the Village Manager-Clerk, the Village Engineer, or any other Village body, officer, or employee shall:  accept or process applications for, or grant site plan approvals, special use permits, or subdivision plat approvals, in the following areas defined above in Section II as proposed Village Gateway Districts: the South Riverside/Harmon Gateway District, Municipal Place Gateway District, and North End Gateway District.

B.      Section A shall not be applicable to applications received prior to June 26, 2000, the effective date of the Year 2000 Development Moratorium Law of the Village of Croton-on-Hudson.


§~IV:~~~APPEAL PROVISIONS

A.~~~~~The Village Board of Trustees, by a vote of not less than a majority plus one, shall have the power to vary or modify the application of any provisions of this local law, upon its determination, in its absolute discretion, that such variance or modification is consistent with the purpose of this local law to prevent premature development that would prejudice the objectives of a revised Master Plan and revisions to the zoning law and regulations, and is, further consistent with the health, safety, and general welfare of the Village. ~The Village Board shall have the power, in any individual case, to decide the extent to which this law shall be varied and modified and which controls shall remain in effect.

B.~~~~~Upon receiving any application for such a variance or modification of the provisions of this local law, the Village Board shall refer such application to the Comprehensive Plan Committee for a report of said Committee with respect to the effect of the prospective variance or modification upon the intended land use plan and zoning plan. To expedite such appeal, the Village Clerk shall forward within 48 hours after receipt of same, all applications for relief to the Comprehensive Plan Committee for its report. ~Such report shall be returned by the Comprehensive Plan Committee to the Village Board within thirty (30) days after such reference and shall be placed on the agenda of the next regular meeting of the Village Board. ~If the Comprehensive Plan Committee report is not received within such thirty (30) day period, the application for relief shall nevertheless be placed on the agenda of the next regular meeting of the Village Board. ~The granting of an appeal for relief by the Village Board shall authorize and permit the appropriate Village Board, agency or officer having original jurisdiction of the subject matter of the application to take action thereon.


§~V.~~~LAWS SUPERSEDED.  ~It is the intent of this local law to change or supersede the following state statutes and local laws for the effective period of this local law.

A.~~~~~~Sections 7-728 and 7-730 of the Village Law providing for the filing, processing and      approval of subdivision plats;

B.~~~~~~Section 7-734 of the Village Law to the extent that it empowers the zoning board of appeals to grant permits for erection of buildings in streets or highways shown in a map or plan;

C.~~~~~~Section 7-738 of the Village Law empowering the Village Board of Trustees to authorize the planning board to modify the zoning laws to provide for clustering and other purposes, and providing for planning board determinations and processing and approval of plats and site plans pursuant to such authority;

D.~~~~~~The Subdivision Regulations and Zoning Law of the Village of Croton-on-Hudson to the extent that they provide for filing, processing and approval of sub-division plats.


§~VI.~~~PENALTIES
~~~~~~~~~~~~~~~
Any person, firm, corporation, or entity that shall construct, erect, enlarge, or alter any building or structure, or willfully conduct any act in violation of the provisions of this Local Law, or shall otherwise violate this Local Law, shall be subject to a fine of not more than $250 and fifteen days imprisonment for each such violation, and shall, in addition, be required to restore the premises to their condition prior to such violation; in the event of failure to effect such restoration, the Village shall be entitled to do so and to charge the property owner and the person, firm, corporation, or entity responsible for the violation for the cost thereof.

§~VII.~~~AFFECTED PROPERTIES

This local law hereby affects the parcels having the following Village tax map designations.

1.      67.10-2-1
2.      67.10-2-11
3.      67.10-2-12
4.      67.10-2-13
5.      67.10-2-14
6.      67.10-2-15
7.      67.10-2-16
8.      67.10-2-17
9.      78.12-3-2
10.     78.12-3-3
11.     78.12-3-4
12.     78.12-3-6
13.     78.12-3-7
14.     78.12-3-8
15.     79.9-1-30
16.     79.9-1-54
17.     79.9-1-66
18.     79.9-1-67
19.     79.9-1-77
20.     79.13-2-5
21.     79.13-2-6
22.     79.13-2-18
23.     79.13-2-19
24.     79.13-2-20
25.     79.13-2-21
26.     79.13-2-22
27.     79.13-2-22.1
28.     79.13-2-23
29.     79.13-2-24
30.     79.13-2-25
31.     79.13-2-26
32.     79.13-2-27
33.     79.13-2-29
34.     79.13-2-30
35.     79.13-2-31
36.     79.13-2-32
37.     79.13-2-33


§~VIII.~~ SEVERABILITY
~~~~~~~~
The invalidity of any word, section, clause, paragraph or sentence or provision of this Local Law shall not affect the validity of any other part of this Local Law.

§~IX.~~REPEAL OF OTHER LAWS

All ordinances, local laws, or parts of ordinances or local laws, in conflict with the provisions of this Local Law are hereby repealed to the extent necessary to give this Local Law full force and effect during its effective period.

§~X.~~~ EFFECTIVE DATE

This Local Law shall take effect immediately upon adoption and filing as provided by law, and shall remain in full force and effect until December 26, 2001, on which date this Local Law shall terminate.



Mayor Elliott opened the Public Hearing on Local Law Introductory #8 of 2001, amending the Village code regarding Vehicles and Traffic.  No comments were forthcoming.  Mayor Elliott closed the Public Hearing.  Trustee Wiegman made a motion to approve Local Law Introductory #8 of 2001.  The motion was seconded by Trustee McCarthy, and approved unanimously.  Upon adoption, this law becomes Local Law No. 7 of 2001, following the sequence of adopted laws of the Village.

Local Law No. 7 of the year 2001.  

A local law amending Section 215-12, Vehicles and Traffic, Stop Intersections

Section 1.  Section 215-12, Stop Intersections, is hereby amended to read as follows:  “The intersections described in Schedule 215-57, attached to and made a part of this chapter, are hereby designated as stop intersections.  Vehicles must come to a full stop unless otherwise directed by a police officer or signal.  Stop signs shall be installed as provided therein.”

Section 2.  This local law shall take effect immediately upon filing with the Secretary of State.


4.  CORRESPONDENCE:

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

A letter from Christine O’Connor, 64 Grand Street, regarding needed sidewalk repairs on Grand Street to Riverside Avenue.  Village Manager Herbek stated that he contacted Ms. O’Connor and informed her that this is the responsibility of the property owner and now that the Village has been noticed, they will notify the property owners that they must make the needed repairs.
A request from radio station WHUD for permission to use the Harmon Station parking lot on Sunday, July 15, 2001.  Discussion followed on whether fees should be waived or not.  Village Manager Herbek will get more information about where the money for the event is going.
A memo from the U.S. Dept. of Commerce with Census 2000 demographics.
A memo from the Westchester County Health Dept. announcing the “Spring Sting” on Saturday June 9th and Sunday June 10 which addresses procedures to reduce mosquito breeding; this will be put on the Village’s web site.
A memo from the Croton Rotary Club asking permission to use the Harmon Station parking lot for their annual car show on September 23, 2001; they will not be assessed a fee since all proceeds go to charity.
A letter from Antonia Murphy asking to purchase Village-owned property adjacent to her property for $1,000.  The Board agreed not to sell the property.
A letter from Karen Timko, Metro-North Railroad, regarding updated information on the Harmon Lagoon Remediation.
A letter from the Conservation Advisory Council, recommending zoning of the Arboretum to PRE 1.  Trustee McCarthy made a motion to draft a resolution to cover this, seconded by Trustee Grant, approved unanimously.
A letter from Christopher Copeland, NY Power Authority, regarding the 2000 Annual Report.
A letter from Hastings Avenue residents, requesting permission to hold a block party on July 4, 2001 on Hastings Avenue between Benedict Blvd and Oneida Ave.  Trustee Grant made a motion to approve the request, with the usual caveats, seconded by Trustee Harkins, approved unanimously.
A letter from Cablevision, regarding a price adjustment beginning with the June statement.  Trustee McCarthy asked if the Village could join with other municipalities to attract other cable companies; also Cablevision is still not offering senior citizen rates; Trustee Grant will draft a letter.
A letter from Robert Scott, Ridge Road, regarding removal of what he feels is a hazardous branch of a large tree, asking that the work be done by a professional tree firm, restoration of damaged plantings in this area to its former state and removal of restaurant garbage in the Post Office dumpsters.  Village Manager Herbek stated that the tree branch was to have been cut down and he will check; concerning the garbage, the Village can do something about if it is posing a health hazard.  Trustee Grant stated that she did go down there and Mr. Scott’s statement is correct, the restaurant was dumping in the Post Office dumpster; the Village must give immediate attention to this.


CITIZEN PARTICIPATION:  No speaker came forth.


RESOLUTIONS:

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

         BE IT RESOLVED: that a public hearing is hereby called on Local Law Introductory #9 of 2001, increasing the income level for partial real estate tax exemption for persons sixty-five years of age or older for Monday, June 18, 2001.  

Discussion:  Trustee Grant asked that a program be looked into that entitles senior citizens to discounts, less costly drugs, etc.  Village Manager Herbek will look into this.


b.      On motion of TRUSTEE Grant, seconded by TRUSTEE Wiegman, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:  

WHEREAS, the Village has retained the services of Cherbuliez/ Munz, Landscape Architects, to provide landscape improvements at the Croton-Harmon Parking Facility in the amount of $20,000, and

WHEREAS, the scope of services has been changed to include in addition to landscaping, major construction work to include improvements to the station plaza area, parking area immediately in front of the station building and other improvements throughout the parking facility, and

WHEREAS, the scope of work is now estimated to cost approximately $500,000,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign a revised contract with the firm of Cherbuliez/ Munz, Landscape Architects, for a total fee not to exceed $55,000.

Discussion:  Trustee Harkins questioned the figures on the back page and wanted an explanation to reconcile the figures.  Village Manager Herbek stated that he has a meeting with Mid-Hudson South and will make a case to raise the funding to get more money.  Mr. Herbek assured Trustee Harkins that the total funding for this project will come from non-Village sources.


c.      On motion of TRUSTEE Grant, seconded by TRUSTEE Wiegman, the following resolution was unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:  

WHEREAS, the Village applied for funding from the Westchester Urban County Development program to partially finance sidewalks along Harrison Street and a neighborhood park and

WHEREAS, such funding has been approved and it is now necessary to sign a contract with Westchester County wherein the Village will receive $175,000 for this project, and

WHEREAS, design plans for this project have been completed and it is ready to be put out for competitive bids,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the contract with Westchester County wherein the Village will receive $175,000 for this project.

Discussion:  Village Manager Herbek stated that the Village will be putting in about $200,000 for both projects.  Trustee Harkins stated that he did not understand what was being done in the Upper Village.  Village Manager Herbek replied that they will be removing the main part of the sidewalks, curbing and street trees and replacing them; it is difficult to do piecemeal; street trees do need to be replaced and sections of the sidewalks are being uprooted by the trees.  Mayor Elliott asked that when the new trees are planted and growing, that the DPW do the job of trimming the trees.


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 Village applied for funding from the Westchester Urban County Development program to partially finance sidewalks improvements in the Upper Village, and

WHEREAS, such funding has been approved and it is now necessary to sign a contract with Westchester County wherein the Village will receive $30,000 for this project, and

WHEREAS, design plans for this project have been completed and it is ready to be put out for competitive bids,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the contract with Westchester County wherein the Village will receive $30,000 for this project.


e.     On motion of TRUSTEE Harkins, seconded by TRUSTEE Wiegman, the following resolution was adopted unanimously 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   001-1110.100  by      $     2,372.00     ( Personnel Expense )
Increase   001-1325.100  by      $     8,129.00     ( Personnel Expense )
Increase   001-1420.400  by      $        861.00     ( Contractual Expense )
Increase   001-1420.401  by      $        118.00     (Contract Legal  )
Increase   001-1460.110  by      $        718.00     ( Personnel Expense P/T )
Increase   001-1680.100  by      $     1,071.00     ( Personnel Expense )
Increase   001-3120.120  by      $     4,000.00     ( Personnel Expense O/T )
Increase   001-5182.100  by      $        390.00     ( Personnel Expense )
Increase   001-5182.200  by      $     3,720.00     ( Equipment )
Increase   001-5182.420  by      $        506.00     ( Supplies )
Increase   001-5183.110  by      $   10,767.00     ( Personnel Expense  P/T )
Increase   001-5650.400  by      $   58,000.00     (Contractual Expense )
Increase   001-8020.400  by      $   11,686.00     ( Pipe Line Expense )
Increase   001-8160.100  by      $   10,227.00     ( Personnel Expense )
Increase   001-9031.800  by      $     2,800.00     ( Medicare Deductions )
Decrease 001- 1010.400  by      $     1,550.00     ( Contractual Expense )
Decrease 001- 1230.110  by      $     3,500.00     ( Personnel Expense )
Decrease 001- 1230.120  by      $        500.00     ( Personnel Expense )
Decrease 001- 1440.110  by      $     1,500.00     ( Personnel Expense )
Decrease 001- 1440.400  by      $     1,500.00     ( Contractual Expense )
Decrease 001- 1440.470  by      $     1,000.00     ( Vehicle Repair )
Decrease 001- 1620.100  by      $     6,500.00     ( Personnel Expense )
Decrease 001- 1650.110  by      $     6,000.00     ( Postage Expense )
Decrease 001- 4020.100  by      $      1,000.00    ( Personnel Expense )
Decrease 001- 5110.100  by      $      5,500.00    ( Personnel Expense )
Decrease 001- 5110.420  by      $      2,250.00    ( Supplies )
Decrease 001- 5110.470  by      $      3,000.00    ( Vehicle Repairs )
Decrease 001- 5140.111  by      $      3,500.00    (Personnel Expense )
Decrease 001- 5140.470  by      $      3,000.00    ( Vehicle Repairs )
Decrease 001- 5142.470  by      $      1,250.00    ( Vehicle Repairs )
Decrease 001- 7140.100  by      $      4,000.00    (Personnel Expense )
Decrease 001- 7145.111  by      $     10,000.00    (Personnel Expense )
Decrease 001- 7610.110  by      $     10,000.00    (Personnel Expense )
Decrease 001- 7610.400  by      $       3,000.00    ( Contractual Expense )
Decrease 001- 8790.400  by      $       1,380.00    ( Contractual Expense )
Decrease 001- 9015.800  by      $     10,000.00    ( Police Retirement )
Decrease 001- 9030.800  by      $     10,000.00    ( F.I.C.A. )
Decrease 001- 9040.800  by      $       1,300.00    ( Worker’s Comp. )
Decrease 001- 9045.800  by      $       2,000.00    ( Insurance )
Decrease 001- 9050.800  by      $       3,000.00    ( Unemployment Insurance )
Decrease 001- 9060.800  by      $     19,135.00    ( Medical Insurance )

WATER  FUND

Increase   002-9030.800  by      $          900.00    (  F.I.C.A. )
Increase   002-9031.800  by      $          500.00    (Medicare Expense )
Increase   002-9031.800  by      $       2,500.00    (Medicare Insurance )
Decrease  002-9010.800  by      $       3,900.00    ( Retirement )


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


f.  Trustee Grant made a motion to declare certain equipment as surplus property and
participate in the auction scheduled for Saturday June 16, 2001, pending Board review of the list.  Trustee Wiegman seconded the motion. Motion was approved unanimously


g.      On motion of TRUSTEE Grant, seconded by TRUSTEE Harkins, the  following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York unanimously:  

WHEREAS, the law firm of Kirkland and Ellis represents the Village in connection with a review of the proposed Millennium Pipeline Project and has recommended that the Village conduct an environmental review of the project, and

WHEREAS, Kirkland and Ellis have recommended that the Village retain the services of O’Brien and Gere Engineers, Inc., to conduct such an environmental review,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the agreement with Kirkland and Ellis dated June 1, 2001 which provides for the retention of O’Brien and Gere Engineers, Inc., to conduct an environmental review of the Millennium Pipeline Project on a time and materials basis in an amount not to exceed $25,000, which amount does not include the soil sampling and analysis


3. APPROVAL OF VOUCHERS:
Trustee Grant made a motion to approve the vouchers as follows, subject to review by the Audit Committee.  The motion was seconded by Trustee Harkins and approved unanimously.

                General Fund                    $ 1,982,188.86  
                Water Fund      275,865.52                                      
                Capital Accounts        107,793.97
                Trust & Agency  $        3,107.89
                        $2,368,956.24




APPROVAL OF MINUTES:
Trustee Grant made a motion to approve the minutes of the Regular Board Meeting of May 7, 2001 as corrected; Trustee Harkins seconded the motion; unanimous approval.

Trustee Grant made a motion to approve the minutes of the Special Board Meeting of May 18, 2001 as corrected; seconded by Trustee Wiegman; approved unanimously.

Trustee Grant made a motion to approve the minutes of the Special Board Meeting of May 24, 2001 as corrected; seconded by Trustee Harkins; approved unanimously.


REPORTS:
Village Manager Herbek reported that there will be an executive session in his office the next day at 6 p.m.

Village Manager Herbek introduced Shawn Boyhan, who will be with the Village Manager’s Office this summer.  Mr. Boyhan is a graduate student with Pace University.

Trustee Wiegman reported that he has filed a letter summarizing the Transportation Committee of the Board of Education’s report regarding the buses and Glengary.

Trustee McCarthy stated that she received a call from Scott Giordano and asked if anything has happened.  Village Manager Herbek replied that wants to get together with Mr. Giordano and his wife regarding stabilizing the slope.  Trustee Grant asked why this is not a civil issue between the parties.  Trustee McCarthy responded that it is a matter of health and safety of residents.

Trustee Harkins reported that Croton-in-Action had a successful Memorial Day program.

Trustee Grant added that Summerfest was a great success.

Trustee Harkins made a motion to adjourn; seconded by Trustee Grant; approved unanimously.

The meeting was adjourned at 12:12 am, June 5, 2001.


Respectfully submitted,


Phyllis A. Bradbury, Secretary




Village Clerk