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October 1, 2001 Meeting

A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, October 1, 2001 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.

The following officials were present:

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


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

Mayor Elliott opened the floor for discussion by Board Members and residents regarding the proposed Skate Board Park.  He stated that the Village has promised the young people that they would have a recreation facility and there is no reason at all why all residents cannot work together for the young people.  Members of the Board were asked for comments.
Trustee Wiegman stated that he never found a bad kid, only a bad perception of children; the age group that would be using the skateboard park is a transitional one and the Village needs to provide a solution
Trustee McCarthy stated that she is committed to making sure the skateboarders have a home, but not at the expense of the quality of life of the residents in the Village; there is a way to balance this issue; she has looked at various sites and believes the Village can come to a resolution; all should move forward as a community; the resolution that was put on the floor on Sept. 20th came as a surprise to many residents and she apologized for that; but hopes they will soon address the needs of the young people.
Trustee Harkins stated that he echoed the comments of the two other Trustees and he is also committed to finding a place for the children to skateboard that will serve the community and find solutions that will work for everybody.
Trustee Grant stated that this has been under discussion for close to 5 years and can no longer be put off; the Village must make a decision; many concerns are valid; the kids are getting a very good lesson on how these things work and urged all to listen to valid concerns each group has; Trustees have gone to all sites as well as the skate- board park in Mt. Kisco.
James Moore, Irving Ave., asked how the neighbors and Holy Name of Mary Church could be ignored.  He stated that residents were not notified before the choice was made; this should not be put in a residential area; CET school, Seprieo property, or Silver Lake is a better option; the evening the resolution was passed was a very bad time because of the Presidential address.  Trustee Grant replied that Vassallo Park has been in the equation for the past 5 years; the School Board has refused to allow the tennis court site to be used.
Lewis Montana, Ackerman Ct., stated that the resolution was passed on a Thursday night meeting when President Bush was addressing Congress and the nation on an issue of grave national importance and people were more concerned with that than a skateboard park at the Duck Pond which was how the notice read.  He added that the Village does not own all of Vassallo Park, that a portion of the land is owned by Holy Name of Mary Church; the Village has since 1987, had a 10 year agreement with a 5 year option; there is a question if installing a skateboard park can be considered playground equipment; before the Village funds this pursuit, the Village Attorney should look at the contract to see if the Village will be committing a breach of contract; the noise generated will have an impact on those who worship at Holy Name of Mary Church
Loretta Murphy stated that she has a 9 year old son who loves to skateboard; the kids deserve a skateboard park but not at Vassallo Park, which is the only grassy green in the center of town; she offered her services to get the skateboard park in a more suitable area.
A resident stated that skateboard parks are not that loud, more like a soccer game or a baseball game and there still will be grass; there will not be many people using the park early morning, during school hours or at night.
A young resident stated that people have progressed into different sports and to put in a skateboard park where they will not get in the way of people.
Another resident, mother of an 11 year old boy, stated that recently many had to give up the delusion that we are guaranteed safety, security and to always maintain the present life style; a prepared statement was read; she is impressed with the self-imposed rules of skateboarding and asked the Village to give some space to these kids.
Bill Riedy, Wells Avenue, stated that he is opposed to the vote that was made on a date that the nation was listening to President Bush on how and when the United States would combat terrorists who killed innocent civilians on September 11th; the Gazette posted the agenda as a possible skateboard park at Duck Pond; Holy Name of Mary Church was assured that the land would remain natural; he feels the September 20th vote was illegal and a paved jump area for the skateboard park would be in violation of that agreement; the parcel of land formerly named Croton Meadows was deeded to the Village to be used as a grassy play area; he believes that there are better choices to be made such as Senasqua Park.
A resident of Bungalow Road stated the he is here to find a solution; every neighbor- hood will give some rhetoric why the skateboard park should “Not be in my backyard”; he suggested the Seprieo property which would not be anybody’s neighborhood.
Father Ken Jesselli, Holy Name of Mary Church, stated that his main concern is that he should have been notified; there are two entrances to that park that go through someone else’s property; they have already had to make repairs because of skateboarders; Father Jerry made the park the beauty that it is by leveling and seeding it; he is not against the children of Croton; he works with teenagers; he has a school to be concerned about; people have been screaming at him on both ends whether they believe he is for or against the skateboard park and they are concerned parents who care about the children; he must be the spokesperson for them because he is administrator of the parish; he should have been given the courtesy and been consulted about this.
Rachel Leon, Farrington Road, challenged the Board and the audience to figure out a solution and figure out how to do it and do it right.
Shawna O’Callahan, Farrington Road, stated that there are about 12 active skaters on her block; she was surprised members of the church are not willing to sit down and make a compromise; kids are being taught a lesson tonight
Mary McCatus, Truesdale Drive, stated that kids deserve a place, but when Silver Lake closes it becomes a problem because until it gets cold, there is no patrol and it is very deserted; she asked who was going to patrol it; she is not concerned about these kids, who are good, but she has concerns about others that will come at night to a deserted area which is not too well protected.
Sam Ettenberg stated that they deserve a skateboard park and not Senasqua, which is too far away; Vassallo Park is easier to get to and would be very good; Mt. Kisco is too crowded and they have to pay $5.00 to get in.
Tom Moore, Wells Ave., stated that kids do need a skateboard park in Croton; he and others signed a petition with the expectation that it would be on land swapped with the school; Vassallo Park site was not known about until the Board meeting; many kids go to Vassallo park to play; he thinks the skateboard park belongs at the Sewer Treatment plant property.
Louis Fortez stated that Vassallo is near everything that kids need; there are parks for little kids; not everyone likes baseball or soccer.
A teacher stated that lots of people here had kids with the problem of wanting something to do; the Board should pay attention to the needs of the kids and also environmental issues and any decisions need to take into consideration the health and welfare of residents.
Gary Cohen played a video to show skateboard parks in action; he represents SkateCroton; the only disagreement in the Village is in the location; they have determined that skateboard parks should meet eight criteria and Vassallo meets all eight; they will work to accommodate everybody.
Dave Tuttle stated that no one talked to Holy Name of Mary Church which owns half of the park land; they were not consulted; no one has said they do not want to work with this; he is not opposed to kids having a park, but everyone was led to believe the Village owned Vassallo Park and the church should have been brought into the picture.
Frank Merone, Upland Lane, stated that a lot of misinformation has been stated tonight; parking should not be a problem; funds were appropriated years ago; Holy Name of Mary Church seems more concerned about the fact that they were not consulted; when you buy a house near a park, you get the good and the bad.
Terry Lukin, Alexander Lane, and Little League President, stated that there should be a solution that will not take land away from kids; she fully supports the skateboard park but Croton Little League is open to anyone who wants to play and has about 400 players; the Village was encouraged to look for a better solution.
Tony Bonifacio, Beekman Ave., stated that she owns the stockade fence that abuts Vassallo Park; the skateboard park as proposed will be 14 feet from her bedroom window; the Mt. Kisco skateboard park has no houses near; a survey of that property shows a 10 ft. sanitary sewer easement under the property and a 15 ft. storm drain easement; she questioned if you can build over an easement.
Diana Davidson, Glengary Road, stated that this is something that was promised two weeks ago; she understands that nearby residents are upset, but after 5 years, they should have a place to play.
Renata Chinich, Farrington Road, asked who owns Vassallo Park; Mayor Elliott replied that Holy Name of Mary Church owns part and Sherwood group donated part to the Village; there is an agreement with Holy Name of Mary for the use of the property.  Ms. Chinich questioned if a skateboard park constitutes recreational use; and the Mayor replied that it did.  She stated that the Village Engineer was at the property and said the storm drains were a plus, as they will allow a slope for rainwater to drain.
Jonathan Weinstein stated that there is less noise from a skateboard park than from a soccer practice; he would like to hear that people who were not consulted will sit down and discuss these issues.
Jay Kochiss, Wells Ave., stated that he is not opposed to a skateboard park; he knew it was a park when he bought the property, but would like more information on how it will go in and work; he was not a part of the process and his property abuts the park; he should see the plans and how they are going to affect him.
Maureen Riedy, Wells Ave. since 1973, said that Beekman and Vassallo was a dumping area before the park was build; she is not against kids, but agrees that the skateboard park should not be there.
Mary Sanchez, stated that every solution has advantages and disadvantages; no stones should be thrown at anybody; the importance of worship should be taken very seriously; a major part will be lighting; make sure the Village and the park system stays as nice as it is.
Tom Schultz, Beekman Ave., stated that he met with Gary Cohen who explained what the park will be like and he has spoken with people from Mt. Kisco; he has concerns about 1) injuries; 2) the Village needing proper insurance 3) who will supervise; if it will be parents, that will bring up a parking issue and the Municipal Lot is full all the time; 4) Beekman and Wells is a dangerous intersection; 5) when Cortlandt builds a $300,000 facility, will kids still use Croton’s; 5) how do you soften the look.
A woman stated that she has parents in their 70s who live in the Village and she is concerned about the increase of the noise level and traffic since children will be driven to the park.
Andrea Naitove, Ledge Loop, stated that she spent a great deal of time with her two children and they want to skateboard in Croton with their friends; there is a lot for seniors and pre-schoolers, but nothing for this age group.
Anthony Kady, Maple Street, stated that his backyard abuts the sound stage; he has been a skater for many years and still does skate and is a property owner now; he knows the property must be properly managed, anywhere the park ends up, if it is mismanaged, it can become a difficult situation; litter is always a problem around skateboard parks as well as graffiti.
Craig Nelson, Beekman Ave., agreed CET was a possible site and though it was voted down, it can be looked at again.  Trustee McCarthy replied that the school board has opposed all sites suggested at CET and is not interested in having a skateboard park at CET.  Mr. Nelson added that CET seems to be the best place, he is not sure Vassallo Park is the best site.
Barbara Blumberg, Beekman Ave., stated that the Village code provides guidelines with respect to noise; a skateboard park in Vassallo Park so close to residences and should be considered unreasonable and intrusive; she requested an understanding and measurement of noise before the skateboard park is approved; what studies has the Village done with respect to measuring noise at other skate parks to assure that they will not violate the Village Code; she requested that studies be done on traffic and other environmental factors; on the impact on property values; the Village code states also that admission to a Village park is by permit only and must be limited to Croton residents only; she asked how they will assure only Croton residents will use the skateboard park;  codes prohibit pets, litter, peddling and soliciting in Village parks; owners of all buildings must install suitable toilet facilities, has this cost been figured into the cost; many people have mixed feelings about a skateboard park and she wants to be part of the decision process.
Ron Sanchez, Truesdale Ave., stated that he heard that Silver Lake is an option; the Comprehensive Planning Committee’s summary created this past March has called the shoreline an asset to the Village; it says to place other recreation facilities away from the shoreline; he is disturbed that they are going against what the CPC proposed in March; there is a solution to all problems and he hopes Silver Lake is not one of them.
Marlin Chinich, Farrington Rd., said that people were skating at Dobbs Park but a sign was put up that said no skating beyond this area; Vassallo will be much safer than Dobbs Park.
Joan Turkel, Bungalow Rd., suggested that the Village step back for some down time and make no decision tonight; don’t make a rash decision; she also wants to be a part of the decision-making.
Chris Judge, Palmer Ave., asked why not fill in the Duck Pond.  Mayor Elliott replied that there are environmental, drainage and legal issues regarding filling in the Duck Pond and this is not on the table.
Maria Cudequest stated that the Duck Pond is a part of the Local Waterfront Revitalization project and filling it in would have an impact on the Millennium pipeline issue.
Greg Schmidt, Grand St., stated that the intention of putting a skateboard park at the Duck Pond was to temporarily put it on the parking lot and give some time to find a viable spot; this would be the smart thing to do and would give time to address issues; sites will become available; Seprieo is an ideal spot.       
Peter Tomassi, Beekman Ave., asked that the Board be sensitive to nearby residences and think deeply about it.
Sharon Gallagher, who did live on Grand St., suggested PVC’s old tennis courts as an alternative.  Village Manager Herbek replied that this is a part of the school’s expansion plans and discussion and meetings were held about this.
Jim Moore stated that he is involved in all sports in Croton; the Vassallo location is not good; it is not right to push others out to make room; alternatives are Seprieo, Silver Lake parking lot, if monitored or to go after a CET location.
Gary Cohen added that skateboarding is listed as 10th of 11 evaluated sports in terms of injuries for below football, baseball, etc.  Mt. Kisco has not had a single injury or incident of vandalism.
Mayor Elliott stated that no one opinion will be ignored; the Board is committed to action; a lot of people have said they want to be involved and suggested the Recreation Board sit down with Holy Name of Mary Church members and others who have asked to be included in the decision.
Trustee Grant stated that they should have consulted the Church, but they have made a commitment that kids will be skateboarding by April; Vassallo Park may not be the best place; people should sit down and work things out in a week or ten days.
Trustee Wiegman stated that many had hoped to reach an agreement and they should sit down and discuss further with affected parties; get a list of organizations that use the facility; bring in Holy Name members and representatives of the neighbors effected; a meeting should take place under an umbrella of cooperation.
Trustee McCarthy stated that there is a time to admit when one has made a mistake and move forward to constructively solve the problem; this has been a harder issue for her than MetroEnviro; she went to Mt. Kisco to check noise, how kids interact and she was surprised how little the kids talk to each other; it will forever change Vassallo Park if they put a skateboard park there; there are two other possible locations and they should turn the focus on these, have discussion about those two locations and work out problems; the Recreation Advisory Board has looked at 15 or 18 sites and have come up with their top lists; the Board should focus on a realistic solution.
Trustee Harkins stated that he had brought the resolution to the Board with the recommendation of the Recreation Advisory Board; they owe it to everyone to make a decision; he believes they should have a temporary solution and then a permanent location that properly accommodates the needs and interest level in the community; he is totally committed to having something in place by April; the cost and speed need to be considered; his personal view is that Vassallo is not the proper solution, nor is going straight to a permanent facility; as a temporary solution, the Duck Pond is already paved; he feels Silver Lake is the best scenario because if it is paved and a fence is put around it, it will still be a useful facility even if a need for a skateboard facility does not materialize.  He will rely on the Recreation Advisory Committee and discussions; but the next Board meeting they must bring this to closure.
Trustee Grant suggested if the Village could make the Waste Treatment Plant work, it would not impact any neighbors, it may be a viable solution and would remove all complaints of neighbors.  Gary Cohen replied that this would be the least agreeable place to send children to play; there would be major excavation required of old pipes and debris and there are other issues with that location.
Mayor Elliott stated that everyone agrees there should be a facility created; they can sit down, educate themselves and put a limit on the time so something can be done as soon as possible; discussion should include people who want to be involved and neighbors from all possible sites; the Recreation Advisory Committee, Board of Trustees, Administration will assume leadership together.  
The full consensus of the Board was that the September 20, 2001 resolution should be put on hold pending further discussion.

Mayor Elliott introduced David Steinmetz who, on behalf of Allied Waste, addressed issues as requested by the Board of Trustees and discussed the environmental consultant issue.  Village Manager Herbek offered clarification of Liguori’s actual address, which is outside Croton, although he does maintain a Croton post office box.   Mr. Steinmetz replied that, as he said in his letter, no business or entity owned or controlled by the Liguori family is located on the premises nor are they receiving phone calls or mail there.  Trustee McCarthy asked about the boxes or containers that were at the location.  The reply was that they believed there were between three and five.  Trustee Grant added that she had counted nine of them and she was told they were old and were for sale.  Trustee McCarthy asked if they are still waiting for DEC approval to go from 700 tons to 1000 ton level.  Mr. Steinmetz replied that they were. There was discussion regarding what insurance company is being used and if they are operating during this period as though the 1000 tons was the operative number.  The reply was that the DEC is well aware of their daily operating capacity; there is a maximum of 4200 tons a week with the DEC permit and they have not exceeded that number.  Trustee McCarthy questioned the insurance company issuing the bond; they have referred to Zurich Insurance and Kemper Insurance, but she has paperwork that states Frontier Insurance.  Mr. Steinmetz explained the reason for change of insurance companies; adding that it sounds as if Allied neglected to send the Village a copy of the Kemper policy, which covers approximately 9 facilities.  Village Attorney Waldman asked Mr. Steinmetz to check to see if the Village can be listed as co-obligee on the bond.  It was noted that the Village’s special permit requires a larger bond that the DEC’s permit.  Mr. Steinmetz acknowledged that they did not inform the Village Board of the change of insurance carrier.  Village Attorney Waldman suggested that when changes are done, all who are involved with Allied Waste make the Village of Croton and Mr. Steinmetz aware of amendments to assure the conditions of the permit are met.  Trustee McCarthy asked if there is any other formal or informal use of the site by any other entity or person.  Mr. Steinmetz replied that only Allied Waste and Metro Enviro LLC, other than it’s customers.  Village Attorney Waldman stated that he assumed that the operator had a lease of the entire Greentree premises and that Greentree cannot be using a part of it for its own association with other entities.  The reply was that the only use would be by a related entity, which warehouses the boxes, for instance.  Trustee McCarthy asked to see a copy of the lease they have on the property.  Mr. Steinmetz stated that he will take the request under advisement and thinks it is not fair or appropriate for government to require such documentation.  Village Attorney Waldman asked if since Allied took over the property, has Greentree used any portion of the property.  The reply was that Greentree has not used that property to the best of his knowledge.  Trustee Grant asked why Allied would have any arrangement with Greentree other than the fact they are renting the property.  Village Attorney Waldman questioned if under the terms of the lease, Greentree wishes to change the fact that they only collect rent, would they have the right to do that.  Trustee McCarthy asked for a list of all members of Metro Enviro, LLC and Metro Transfer LLC throughout the last three years.  Trustee Harkins questioned the language of Page 2, paragraph 3 as far as instances “worthy of mention” and are there any instances “not worthy of mention”.  Mr. Steinmetz replied that he wanted to be careful to not imply that he has knowledge of everyone who has had any conversation whatever; he mentioned what he considered the three meaningful times they had conversation with the DEC regarding the permit.  Mr. Steinmetz stated that Allied is prepared to discuss with the Village reimbursement, to some degree, toward the cost of the hiring an environmental consultant to assist the Village; Allied understands that the usual cost for the type of analysis usually is $9,000 to 10,000; the Malcolm Pirnie proposal does exceed that amount and they feel there are things in that proposal that are extraneous; however, they will honor their agreement to reimburse a charge that is fair and reasonable.  Trustee McCarthy stated that the Board will not be dictated to by his client; the Village will do the type of review they feel they need to do.  Village Attorney Waldman asked what the reimbursement figure is at this point.  Mr. Steinmetz replied that $10,000 would be considered fair.  Maria Cudequest stated that she understands they have asserted that there are no other entities using the property;  she read a list of names and addresses and Mr. Steinmetz responded to each.  Mr. Steinmetz added that they are not contending Peter Liguori is not entering the property as a customer.  Village Manager Herbek stated that according to Peter Liguori, the only company that his family operates is Industrial Recycling.   Tom Brennan, Riverside Ave., stated that he feels they need a monitor because he doesn’t trust Allied.  He asked how many violations are acceptable; stating that the Village should have a record of violations and Allied should be held accountable.

Trustee Grant stated that Phil Tully sent a letter which will not be read tonight and asked that this be put on the next meeting and read in its entirety.


Approval of the minutes of the Regular Board Meeting s held on September 4th and September 20th, 2001 were held over to the next meeting.


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                    $  13,816.44
                Water Fund         344.80                                       
                Capital Accounts         487,476.00     
        Trust & Agency          14,239.85
                        $ 515,877.09


Village Manager Herbek read the following correspondence (full text available at the Village Office):
A letter from Daniel Delaney, CHHS Student-Faculty Congress requesting permission for a candlelight march on November 11, 2001.  The Board unanimously approved the request with the usual caveats.
A letter from the NY State Board of Real Property Services regarding the Tentative 2001 State Equalization Rate.
A letter from Brent Archer, Columbia Gas Transmission regarding the Millennium Pipeline Project update.
A letter from William Steidle, NYS DEC, regarding an issuance of permit to the Village of Croton-on-Hudson for removing of 100-200 railroad ties from Croton Bay.
A letter from Barbara Blumberg, Beekman Avenue, regarding the proposed skate park.
A letter from Ed Spector commending the Recreation Dept.

CITIZEN PARTICIPATION: no further comments were offered.


a.      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, $ 7,000.00 of additional funds were received from the NY State Highway Administration for the repayment of the Village’s efforts after hurricane Floyd  hit; and

WHEREAS, the storm drain on Brook Street was damaged by the storm on Father’s Day of this year requiring $ 6,580.00 in repairs which were unanticipated; 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  1-8140.0400.  by  $ 6,600.00    ( Storm Sewers )
Increase  1-0001.4960   by  $ 6,600.00    ( FEDERAL AID )

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

b.      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 with the following vote: Trustees Grant, Harkins, Wiegman and Mayor Elliott “aye; Trustee McCarthy “nay”.

WHEREAS, the director of Public Works has requested additional for the street sweeper which were not budgeted in the 2001-2002 General Fund budget; and

WHEREAS: the Treasurer has reviewed the budget and has requested the following budget transfer to accommodate this purchase:

Increase   001-8170.470  by      $  3,000.00     ( Sweeper Expense )
Decrease  001-1990.400  by      $  3,000.00     ( Contingent )

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

Discussion:  Trustee McCarthy stated that unanticipated repairs should not come out of the contingency budget.  Trustee Harkins stated that the Village should look at having this service done by an outside agency to increase uptime of service provided and reduce storage requirements.  Village Manager Herbek replied that this is on his agenda.

c.      On motion of  TRUSTEE Grant,  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, the Village wishes to purchase a new parking permit processing program for use with its parking permit sales at the Metro North Commuter Railway Station; and

WHEREAS, The Village bid out the specifications for the new system, and T2 Systems, Inc. was the low bidder at $ 23,594.33; and

WHEREAS, money for the system was budgeted in the Capital Fund.

NOW THEREFORE BE IT RESOLVED:  that the Village Manager is hereby authorized to sign a contract with T2 Systems, Inc., 5250 East US 36, Suite 850, Avon, Indiana, 46123 for the purchase and implementation of PowerPark software.

Trustee McCarthy made a motion to approve the resolution to sign the agreement with Chazen Engineering and Land Surveying, P.C. for their proposal.   After discussion, Trustee Wiegman made a motion to table the following resolution, seconded by Trustee McCarthy.  Vote was Trustees Wiegman, Grant and Harkins “aye; Trustee McCarthy “abstain”.

e.      On motion of Trustee McCarthy, seconded by Trustee Grant, the following resolution was proposed by the Board of Trustees of the Village of Croton-on-Hudson, New York.  Vote was taken and recorded as follows:  Trustees Harkins and McCarthy voted “aye”; Trustees Grant and Wiegman and Mayor Elliott voted “nay”.  Resolution was not approved.

WHEREAS, the Village of Croton-on-Hudson videotapes its regular public Board of Trustee meetings and broadcasts those meetings on the cable television station; and

        WHEREAS, the Village audiotapes work sessions of the Board of Trustees; and

WHEREAS, it is in the public interest for matters addressed at Village Board meetings
        and work sessions to be widely publicized; and

        WHEREAS, the Village Board wishes to encourage and promote the dissemination of information from its meetings and work sessions; and

        WHEREAS, interested persons may presently obtain copies of the videotapes of Village Board meetings at a cost of $30 per videotape, and copies of audiocassettes of work sessions at a cost of $10 per audiocassette; and

WHEREAS, the Village Board of Trustees believes that videotapes of its meetings and audiocassettes of its work sessions should be available at a reasonable cost which defrays the Village’s expenses in producing such videotapes and audiocassettes and should not be revenue-generating enterprises; and

WHEREAS, the $30 charge for videotapes and $10 charge per audiocassette is exorbitant and impedes distribution of the videotapes of the meetings and audiocassettes of work sessions; and

WHEREAS, the Village Board of Trustees would like to make videotapes of its meetings and audiocassettes of its work sessions more readily available to the public.

NOW THEREFORE, BE IT RESOLVED that the Village Board of Trustees hereby determines that interested parties may obtain copies of videotapes of Village Board meetings for a charge of $8 per videotape and may obtain copies of audiocassettes for a charge of $4 per audiocassette.

f.      On motion of Trustee McCarthy, seconded by Trustee Harkins, the following resolution was voted on by the Board of Trustees of the Village of Croton-on-Hudson, New York with the following vote: Trustees Harkins and McCarthy voted “aye”, Trustees Grant and Wiegman and Mayor Elliott voted “nay”.  Resolution was not approved.

WHEREAS, the Village of Croton-on-Hudson is considering Metro Enviro Transfer LLC’s application for renewal of the special permit formerly issued to Metro Enviro LLC; and

WHEREAS, the Village Board of Trustees wishes to have additional legal counsel in connection with the consideration of this application for renewal of the special permit; and

WHEREAS, Arnold and Porter has represented the Village of Mt. Kisco in connection with a waste transfer station in their community.

NOW THEREFORE, BE IT RESOLVED THAT the Village Manager is hereby directed to contact Arnold and Porter to obtain, for consideration by the Village Board, a proposed retainer agreement with Arnold and Porter to be special legal counsel to the Village in connection with the application for renewal of the above-referenced special permit.

Discussion:  Trustee McCarthy stated that she believed it was important to obtain a proposed retainer from Arnold and Porter since they could be of great assistance to the Village given their experience with the Mt. Kisco transfer station and Arnold and Porter would work with our attorney on this issue.
Village Manager Herbek reported there will be a work session on October 9th and listed items on the agenda.

Trustee McCarthy thanked Ann Gallelli for doing an excellent job with the Board minutes of the last meeting.

Trustee Grant wanted clarification of who will be in charge of the meeting with the skateboard people.  Mayor Elliott responded that the Administration will be in charge, with assistance from the Board of Trustees.

Trustee Grant made a motion to adjourn.  Trustee Wiegman seconded the motion; approved unanimously.  The meeting was adjourned at 12:45 am.

Respectfully submitted,

Phyllis A. Bradbury, Secretary
Richard F. Herbek, Village Clerk