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November 5, 2001

A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, November 5, 2001 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.

The following officials were present:

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


1. CALL TO ORDER:

In the absence of Mayor Elliott and Deputy Mayor Grant, Trustee McCarthy called the meeting to order at 8:15 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 on September 4, 2001 as corrected.  Trustee Wiegman seconded the motion.  The Board voted unanimous approval.

Trustee Wiegman made a motion to approve the minutes of the Regular Board Meeting held on September 20, 2001 as corrected.  Trustee Harkins seconded the motion.  The Board voted unanimous approval.

Trustee Wiegman made a motion to approve the minutes of the Regular Board Meeting held on October 1, 2001 as corrected.  Trustee Harkins seconded the motion.  The Board voted unanimous approval.

Trustee Wiegman made a motion to approve the minutes of the Regular Board Meeting held on October 9, 2001 as corrected.  Trustee Harkins seconded the motion.  The Board voted unanimous approval.

Trustee Wiegman made a motion to approve the minutes of the Regular Board Meeting held on October 15, 2001 as corrected.  Trustee Harkins seconded the motion.  Vote: Trustees Wiegman and Harkins, “aye” Trustee McCarthy “abstain”.  Approval of these minutes was held over to next meeting.


3. APPROVAL OF VOUCHERS:

Trustee Wiegman 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    $       82,185.92
                Water Fund              16,161.37                                       
                Capital Accounts                33,293.66
        Trust & Agency            6,063.25              
                        $ 137,704.20
 
4.      CORRESPONDENCE:

Village Manager Herbek read the following correspondence (full text available at the Village Office):
A letter from (Trustee) James Harkins, 9 Dailey Drive, requesting that the paper road entrance for Newton Rd. from Cleveland Drive be eliminated because the Library’s new parking area is in place and there is no longer a need to retain this street entrance since it will no longer be built and this may eliminate the storm drainage runoff problem into the Bari Manor Apartment complex.  Village Manager Herbek stated that this is a good idea and should help to some degree, but he must be sure the Library Board is aware that this parking area will be eliminated; if approved, this work would have to be scheduled for spring.  Trustee Wiegman asked if the Village would ever put a sidewalk on that side of Cleveland Dr.  Village Manager Herbek replied that it is not on a to-do list at the current time.
A letter from Andrew Zelman, Chair, Waterfront Greenway Committee, with the recently completed Feasibility Study for the Village Waterfront Property, adding that the committee will be meeting to review the study’s final form and will communicate further with the Board of Trustees.  Village Manager Herbek added that two copies of this report are available at the Library and copies are at the Village Office; the next meeting is scheduled for November 14th at 7:30 p.m. in the Municipal Building.
A letter from Jon Goplerud, Chair, Conservation Advisory Council, suggesting dedicating the Croton River canoe launch in Theodore Cornu’s memory and name it “Echo Canoe Launch”.   After short discussion, it was decided to schedule this for a future work session and possibly make a decision by the end of the year.
A letter from Mark Weingarten, Delbello Donnellan Weingarten Tartaglia Wise & Widerkehr, representing Temple Israel of Northern Westchester, regarding the recent reports by Ecosystems Strategies, Inc. and the Westchester County Health Dept.  Village Manager Herbek read an email he and Trustee Wiegman received from Sally Odland on behalf of the Water Control Commission expressing their concerns about the Temple’s septic system and their request for continued monitoring.   Village Manager Herbek added that the will send these comments on to the Temple, Mr. Weingarten and to the rest of the Board.  Trustee McCarthy suggested also putting this down for a work session and ask the WCC to come in with a plan of action.  Trustee McCarthy, given the significant drop in usage, asked if the Village is assured that their meter is working properly.  Treasurer Reardon stated that they noticed this difference, sent someone out and verified that the reading was accurate.  Village Manager Herbek added that if there were a suspicion that there was a problem with the meter, it would have been tested.  Trustee Harkins added that there is a question about the reading and agrees it should be discussed further especially based on comparing the single home consumption and the use reported by the Temple where there are many more users than in a private home.


CITIZEN PARTICIPATION:
Laura Seitz, Westcam, Croton chapter of Citizen Action Network, a group who is concerned about the safety of the Indian Point Nuclear Power Plant, evacuation of the area in the event of an emergency and stockpiling of Potassium Iodide.  She added that there are three other resolutions that Westchester County Board of Legislators has submitted.  Village Manager Herbek stated that Mayor Elliott has expressed the concern of the Village about Indian Point security to the Governor’s Office; Linda Puglisi has had a number of public forums and has taken leadership on this issue, Al Donahue, Mayor of Buchanan has been involved with Cortlandt’s efforts and a member of the State’s Homeland Security office has visited the site and made a number of statements.  Village Manager Herbek added that this does not rule out having additional meetings in Croton.  Ms. Seitz stated that she would like a non-partisan informative meeting held in the Village.  Trustee McCarthy added that she agrees that a well-advertised meeting held in the Village will be well attended and the Village Board should meet with the Town group.  Ms. Seitz stated that Mr. Feiner, Supervisor of Greenburgh, is having a press conference next Thursday, November 8th at 2 pm on the County Office Building steps requesting a practice evacuation drill and asking every local Town & Village & School Board to approve a resolution calling for such a drill to take place..  Ms. Seitz urged the Village to have available for Croton residents, Potassium Iodide, which protects the thyroid gland against the release of radioactivity if taken quickly; adding that this is very inexpensive and should be available for those who would be reassured by having it stockpiled.

Ray Loguidici, a member of Croton CAN, stated that all should have emergency plans in place in our own homes, but he believes that there is no feasible evacuation plan if some catastrophe happens at Indian Point.  Mr. Loguidici suggested that the Board find out about Potassium Iodide, which is very inexpensive and should be available, especially for children.  Trustee McCarthy stated that the Village Manager should speak with the Superintendent of Schools to see if this should be stockpiled at schools.

Inez Andrusik, 16 Lincoln Rd., asked if there are enough buses, where are they parked and how long will it take the buses to get to the schools if there is an emergency?   Trustee Wiegman replied that the School Board is in charge of buses, the Village takes care of roads and police.  Ms. Andrusik will address these concerns at the School Board meeting.

Ms. Halpern, 204 Cleveland Drive, stated that the County Board of Legislators meets on November 13th at 7 p.m. and the Environmental Committee Meeting will be held November 14th at 6 p.m.  She added that she heard the Indian Point “no fly” zone restrictions will be ending tomorrow.

Jonathan Wright, Van Wyck St., stated that he has concerns about how dangerous the Indian Point Plant can be and is appalled that it is still open and still operating; he asked the Village to consider making a statement to shut it down in the near future until the real situation is known.  Trustee McCarthy stated that there are all kinds of problems with this facility; the Board will have to consider what stand they are going to take on this issue.  Trustee Wiegman stated that the Board collectively and individually must be well informed and looks forward to hearing about Mr. Feiner’s proposal for a mock evacuation.   Trustee Wiegman added that Mayor Elliott, at a recent meeting, made a public statement relative to the retention of patrols at Indian Point, although it was not put into public print.  


RESOLUTIONS:

a)      On 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, subject to the modifications of the contract document as suggested by Trustee Harkins and approved by other members of the Board present at this meeting.

WHEREAS, the Village Board is aware that a substantial amount of sediment has been deposited in the Duck Pond dating back to when it was last dredged in 1983, and

WHEREAS, in order to prevent the Pond from growing itself over as part of the eutrophication process, it is now necessary to again dredge the Duck Pond to a depth of at least 8 feet over at least one quarter of its surface area and with side slopes of the banks underwater to be 3:1 to discourage rooted water weed growth, and

WHEREAS, the Village has obtained a proposal from Ocean and Coastal Consultants, Inc., of Trumbull, CT., to provide the professional services related to the design of a dredging program for the Duck Pond in the amount of $15,600, and

WHEREAS, sufficient funds for this project are in the Village’s capital budget account 003-7140.0200.9900.0045,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to retain the services of Ocean and Coastal Consultants, Inc., of Trumbull, CT., to provide the professional services related to the design of a dredging program for the Duck Pond in the amount of $15,600, with all electronic designs to be compatible with the Village’s GIS system.

b)      On 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:

WHEREAS, the Village Treasurer has reviewed the 4 month year to date expenditures for each department and recommends the following modifications:

Increase   1460.400  by      $       740.00     ( Micro Filming )
Increase   1640.111  by      $    1,800.00     ( Garage Summer Help )
Increase   1930.400  by      $       652.00     ( Judgment & Claims )
Increase   3310.100  by      $    3,000.00     ( Personnel Expense)
Increase   5140.100  by      $    5,000.00     ( Personnel Expense )
Increase   5182.100  by      $    1,000.00     ( Personnel Expense )
Increase   5183.110  by      $  25,000.00     ( Personnel Expense )
Increase   8090.100  by      $  20,000.00     ( Personnel Expense )
Increase   8090.110  by      $       500.00     ( Personnel Expense )
Increase   8120.100  by      $    2,400.00     ( Personnel Expense )
Increase   8140.100  by      $       800.00     ( Personnel Expense )
Increase   8160.100  by      $  25,000.00     ( Personnel Expense )
Increase   8160.110  by      $       800.00     ( Personnel Expense )
Increase   8560.100  by      $   12,000.00    ( Personnel Expense )
Decrease  1960.404  by      $    1,392.00     (Property Refunds  )
Decrease  5110.100  by      $  95,500.00     (Personnel Expense  )
Decrease  7145.111  by      $    1,800.00     (Summer Help  )

NOW THEREFORE BE IT RESOLVED that the Village Treasurer amend the 2001 - 2002 General Fund budget to reflect these changes.

c)      On 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

WHEREAS, the Village of Croton has awarded a contract to the firm of Dvirka and Bartilucci, Consulting Engineers to produce a phased storm water management plan for a total of $ 157,000.00; and

WHEREAS, the Village has not budgeted funds for this project; therefore, funds must be moved from the Village’s General Fund undesignated fund balance to account 001-8140.0400 as a B-3; and

WHEREAS, the following accounts will be amended;

001-0001-5990 Appropriated Fund Balance         $ 157,000.00
001-0001-9600 Appropriations Capital projects   $ 157,000.00

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

Trustee Wiegman made a motion to approve the resolution authorizing the Village Manager to sign the IMA with the County of Westchester for the organic yard waste transfer program at the costs as stipulated in the agreement.  Trustee Harkins seconded the motion for purposes of discussion.

Discussion:  Trustee McCarthy noted that the agreement would require the Village to man the site from 7am – 3pm each day, to negotiate in good faith with the other municipalities in refuse disposal district #1, to permit them to use our site and to accept yard waste from commercial landscapers.  Village Manager Herbek stated that he considers this an interim solution and hopes to go back to composting again; however, this is the best arrangement at this time.  Trustee Harkins stated that he is concerned about opening up a second transfer station; that this is no different than Metro Enviro except that this would accept organic waste; he would like to go through the proposal and write down the pros and cons.  Trustee McCarthy added that the Village can take the leaves to the Town of Cortlandt; she added that she cannot support the creation of a transfer station of any sort in the Village for any period of time.  Village Manager Herbek stated that they will need a special meeting with the full Board to take this matter up as quickly as possible if this motion was not passed; he suggested each Board member speak with Ken Kraft before the meeting.  Trustee Wiegman rescinded his motion; the resolution was tabled.

Citizen Participation: Dave Tuttle stated that it is his opinion a transfer station is a very bad idea; it opens up the Village having to accept other communities’ and landscapers’ leaves. Maria Cudequest stated that the Village would be leaving itself open to problems down the line, there are enough trucks in the Village, even hauling something as innocuous as yard waste is not acceptable.


REPORTS:        
Village Manager Herbek reported on a meeting that took place on October 31, 2001 in the County Executive’s office; they are attempting to get the County to take over the lead role from communities that engaged outside law firms to work on the Millenium issue and their opposition to it’s route; NUMB scheduled a meeting with the County on October 31st and it was extended to the municipalities also; most chief elected officials attended, a number of people from the County Attorney’s office and Neil Levy attended also. Village Manager Herbek added that the County Executive seems to have a different perspective on this matter now and he asked the County Attorney to get together with Neil Levy and the other attorneys to develop a strategy so the Villages will not be spending a lot more money on this fight.

Village Manager Herbek did a follow-up on Trustee Harkins’ recent report on the Village’s finances; stating that in preparing the 2001-2002, they appropriated $400,000 for capital projects, primarily the sidewalk project; they have eliminated the practice of using fund balance to lower the tax rate in annual budgets; money has been spent on the fight against Millenium Pipeline, about $250,000 went for the Kirkland and Ellis bills, $200,000 was transferred to debt service fund and about $157,000 for the Dvirka & Bartilucci drainage study.  He added that the Village is in excellent financial condition and they have been fortunate to have had this undesignated fund balance available.

Trustee Wiegman reported that the CET PTA has a meeting scheduled for November 6th at 7:30 p.m. regarding addressing Indian Point related issues. He stated that the Water Control Commission will be conducting their annual inspection of Hudson National Golf Course soon and the VEB will be meeting 11/6.  Trustee Wiegman added that the Greenway Waterfront Committee plan is a wonderful document and Andy Zelman and the entire committee should be commended for their eight years of work that went into the creation of that document.

Trustee Harkins reported that everyone should have received a flyer about the book Croton on Hudson: Images of America and urged everyone should add it to their bookshelf of memories of Croton; it can be obtained for $19.99 from the Historic Society.

Trustee Harkins made a motion to adjourn; seconded by Trustee Wiegman, approved unanimously.  The meeting was adjourned at 10:45 p.m.



Respectfully submitted,


Phyllis A. Bradbury, Secretary


Richard F. Herbek, Village Clerk