A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, October 15, 2001 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.
The following officials were present:
Mayor Elliott Trustee Wiegman
Village Manager Herbek Trustee Harkins
Village Attorney Waldman
Absent: Trustee Grant, Trustee McCarthy
1. CALL TO ORDER:
Mayor Elliott called the meeting to order at 8:05 p.m. Everyone joined in the Pledge of Allegiance.
2. APPROVAL OF MINUTES:
Approval of minutes for September 4th, September 20th, October 1st and October 9th was held over to next meeting.
3. APPROVAL OF VOUCHERS:
Trustee made a motion to approve the vouchers as follows, subject to review by the Audit Committee. The motion was seconded by Trustee and approved unanimously.
General Fund $168,304.09
Water Fund 1,072.32
Capital Accounts 17,311.35
Trust & Agency 18,729.57
5. CORRESPONDENCE: (taken out of agenda order)
Village Manager Herbek read the following correspondence (full text available at the Village Office):
A letter from Klaus Wimmer, WaveNet, regarding their leasing space at Croton Point for installation of an antenna & related communications equipment for Nextel. Discussion: the Board has met with Mr. Wimmer who will provide further information per their request. Mayor Elliott has asked for a visual rendering of the site.
A letter from Robert D. Gaudioso, Snyder & Snyder, LLP representing Nextel, informing the Village of their application for a wireless telecommunication facility in Cortlandt. Discussion: the full application packet is available at the Village Office.
A letter from Robert D. Gaudioso, Snyder & Snyder, LLP representing Nextel and informing the Village of their application for a wireless telecommunication facility in the Village of Ossining. Discussion: Trustee Harkins suggested waiting for the two other facilities in the Town of Cortlandt and Village of Ossining to be installed and tested before Croton considers approval. Village Manager Herbek replied that many residents are not receptive to towers, but users have complained about wireless reception in the Village.
A letter From Thomas M. Quartuccio, PE, regarding erosion problem and a resolution between Scott Giordano and Tom Fallacarro (ET Cycle). Discussion: Village Manager Herbek stated that he has received letters from neighbors of Mr. Giordano. Mr. Giordano was present and spoke about this ongoing issue. Village Manager Herbek added that he has met with all parties and that this is not a public issue; it is private property and the Village legally cannot spend money for a solution; he is trying to negotiate a solution and is willing to try again; Historic Hudson Valley runoff is the problem and they have come up with a possible partial solution; he would be willing to try again and suggested having two Board members present; it will take some compromise from both parties for a solution to work.
A letter from Judy Sullivan announcing the 63rd community blood drive on Sunday, December 2nd from 9:00 to 3:00 at Croton Harmon High School.
A letter from Mark Duncan, Croton Recreation Supervisor requesting permission to hold the Annual Goblin Walk on Saturday, October 27, 2001 at 3:00 p.m. Trustee Wiegman made a motion to approve the request as stated in Mr. Duncan’s letter dated October 5, 2001 with the usual caveats. Trustee Harkins seconded the motion; approved unanimously.
An invitation from Peter Cannito, Metro-North Railroad, to their Annual Open House at the Harmon Maintenance Facility, Croton on Hudson, on Saturday, October 20, 2001 from 10:00 a.m. to 3:00 p.m.
Village Manager Herbek stated that today he received a letter that the state Thruway Authority and the MTA are beginning an environmental review process that will address mobility issues in the I-287 transportation corridor as well as structural needs of the Tappan Zee Bridge; they are asking for input and will hold 2 open houses, one at NY Power Authority Building, White Plains on Oct. 23rd and the other at the Palisades Center Mall. This letter will be posted on the bulletin board for those who are interested.
Mayor Elliott opened the Public Hearing for a Steep Slopes Hardship Permit for property located at 5 Prickly Pear Hill Road, as requested by John J. Gochman, Attorney for Jean C. Kraemer. Village Manager Herbek read a letter from Ann Gallelli, for the Planning Board, with a favorable recommendation to grant the request. Wayne Specter, representing the Khian’s, stated that their plans for the building went through the Planning Board and they are accepting the limitations imposed. Mayor Elliott stated that the emphasis of the condition is to minimize runoff. Mayor Elliott closed the Public Hearing. It was the consensus of the Board that Condition #2 should be changed to read: The driveway be crowned or graded so the flow of surface water from impervious surfaces is minimized as much as possible
as it flows to the Prickly Pear Hill Road storm water drain.
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, John Gochman, on behalf of Jean Kraemer, in his letter to the Board on July 10, 2001, has applied for a special hardship permit for one family lots pursuant to Section 195-9 of the Village Steep Slopes law; and
WHEREAS, the Board has reviewed the site plan, the slope disturbance map, and the short Environmental Assessment Form prepared for the purchaser, Chan Soo Khian; and,
WHEREAS, this matter was referred to the Planning Board for their recommendation; and
WHEREAS, the Planning Board recommended granting of the Steep Slopes Hardship exemption subject to certain conditions; and
WHEREAS, based on the short EAF, the Village Board has determined that there will be no significant environmental impact from this action,
NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby adopts the attached Negative Declaration declaring this an unlisted action,
AND BE IT FURTHER RESOLVED: that the Village Board of Trustees grants the Steep Slopes Hardship exemption subject to the conditions outlined by the Planning Board in their September 7, 2001 memo to the Board.
The continuation of the Public Hearing on adoption of Local Law #12 of 2001 to Adopt the Greenway Compact Plan was adjourned to the November 5, 2001 meeting.
Mary Fagan stated that she again noticed a stench on Friday and Saturday evenings. Village Manager Herbek replied that he sent an employee out to the sites and the Arrowcrest facility was dry; however, the solution was working until then; they are in the process of notifying the company. Village Manager Herbek added that a permanent installation of the tank is needed; the question is why one ran dry and the other didn’t; some answers are needed from the company.
Dave Tuttle stated that the Skateboard issue was put off to the work session of October 29th ; he asked if the work sessions work the same as Board Meetings and are televised. Mayor Elliott replied that the work sessions are recorded but not televised; the Recreation Dept. has had several meetings with concerned residents and these will be discussed at the work session; they hope to have a recommendation at that time. Mr. Tuttle asked if the Vassalo site is still being considered. Mayor Elliott stated that they have been asked to reconsider all sites and hear all opinions.
Edith Scott asked what the plans are for dredging the Duck Pond. Village Manager Herbek replied that they are at the point where the value of the Duck Pond is recognized and they need to come to a conclusion on this; the Duck Pond does need to be dredged; he had a meeting recently with a company called Ocean and Coastal Management Consultants, who have expertise in these areas; several tasks need to be evaluated and he will be getting a proposal for the design work. Ms. Scott stated that the rocks that were put along Bungalow Rd. makes a nice bank, but it has allowed vegetation to grow and no one is tending it. Mayor Elliott replied that they have asked those in charge to pull out the invasive vegetation and they will look at the vines growing up the trees.
Tony Bonafaccio, 2 Beekman Ave., spoke regarding the Skateboard Park and asked why they are not reading her letter tonight. Village Manager Herbek replied that many letters were received and all those letters have gone to Susan Menz of the Recreation Dept.; there is a meeting with the School Board on the 22nd of the month and by the 29th work session, a more comprehensive report should be given by the Recreation Dept. Trustee Wiegman added that the Board is trying to be cognizant of participants, neighbors and also give the new Recreation Director some time to spend a little more time to gather information. Ms. Bonafoccio asked why an EAF wasn’t done for Vassalo Park for the Skate Board Park. Mayor Elliott and Village Manager Herbek replied that Trustee Harkins’ resolution was intended for an interim solution
based on recommendations from the Recreation Dept.; a temporary site would probably not require an EAF; however to construct a new facility, it may require an EAF.
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
WHEREAS, unanticipated funding is needed to enhance the security measures at the Village water wells per the NYS Health Department in the amount of $ 7,500.00; and
WHEREAS, funds to cover the additional cost exist in the Water Fund contingent account ( 1990.400 ); and
Increase 2-8320.0200 by $ 7,500.00 ( Well Equipment )
Decrease 2-1990.0400 by $ 7,500.00 ( Contingent Account )
Now Therefore be it resolved that the Village Treasurer amend the 2001 -2002 Water Fund budget to reflect these changes.
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, additional funds are needed to complete the water automation project for the Village’s water distribution system which was not budgeted in the original scope of work amounting to $ 4,587.65; and
WHEREAS, funds to cover the additional cost exist in the Water Fund contingent account ( 1990.400 ); and
WHEREAS, The Treasurer wishes to move those funds to the Water Fund Transfer to Capital account ( 002-9953-0900 ), and amend the 2001-2002 Capital fund budget effecting the following accounts; and
Increase 3-8340.2081.0000.0000 by $ 4,587.65 ( Well Automation )
Increase 3-0003.5031.0081.0000 by $ 4,587.65 ( Well Automation )
Now Therefore be it resolved that the Village Treasurer amend the 2001 -2002 Capital 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 been granted funds from the Westchester County CDBG program ( C-67-01-K64 ) to rebuild the upper village sidewalks, and refurbish the Harrison Street playground in the amount of $ 205,000.00, with a local match of $ 200,000.00; and
WHEREAS, the Village has received bids for both projects totaling $488,169.00, or $88,169.00 over budget; and
WHEREAS, Westchester County has authorized $ 50,000.00 in additional funds to cover most of the additional cost for the park, leaving the Village with an additional local contribution of $ 34,000.00; and
WHEREAS, the additional funds exists in the General Fund contingent account ( 1990.400 ); and
WHEREAS, The Treasurer must to move those funds to the General Fund Transfer to Capital account ( 001-9953-0900 ), and amend the 2001-2002 Capital fund budget effecting the following accounts; and
Increase 3-8660.0200.0102.0072 by $34,000.00 ( Upper Village & Park )
Increase 3-0003.5031.0102.0072 by $34,000.00 ( Upper Village & Park )
Now Therefore be it resolved that the Village Treasurer amend the 2001 -2002 General Fund budget to reflect these changes.
d. 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:
WHEREAS: the Village applied for funds from the Community Development Block Grant program to reconstruct sidewalks in the Upper Village and sidewalks and a playground at Harrison Street, and
WHEREAS: funds are in place to award a contract for the Harrison Street Playground.
WHEREAS: three bids were received by the Village ranging in price from $102,103.50 to $146.335,
WHEREAS: the low bidder is Vernon Hills Contracting of Mount Vernon, New York for their bid in the amount of $102,103.50,
NOW THEREFORE BE IT RESOLVED: that the contract for the Harrison Street Neighborhood Park is hereby awarded to the lowest responsible bidder meeting specifications, Vernon Hills Contracting for their bid in the amount of $102,103.50 and the Village Manager is authorized to sign a contract with Vernon Hills Contracting for this improvement project.
e. On motion of Trustee Harkins, second by Trustee Wiegman, it was unanimously approved that the Village Manager is authorized to sign a contract with BFJ for services to prepare a local law to modify Section 230-35 of the current zoning code up to the amount of $500.00 as specified in BFJ letter dated October 10, 2001.
Discussion: Village Manager Herbek acknowledged that this is in addition to the $100,000 for the Comprehensive Plan and it will bring the fund down to $10,000. Trustee Harkins stated that he needs to know a projection from Ann Gallelli and wants a balance sheet for the Comprehensive Plan starting with the $100,000 down to $10,000.
Village Manager Herbek read a letter from Phil Tully as requested by Trustee Grant at the last meeting. Village Manager Herbek reported that the Village needs an interim Community Development Advisory Group Chair as Mr. Harbeson will be unavailable for a time and he welcomes any suggestions.
Trustee Wiegman reported: a)that the WAC is busy reading through the EIS on the Millenium Pipeline. b) asked if the Village can make any inquiries with respect to security at Indian Point. Mayor Elliott replied that he has spoken to the Governor’s office about that and Governor Pataki has deployed the National Guard for an indeterminate period, the Coast Guard will intercept all commercial vessels going north, pleasure craft will have limitations about going south and all officials have taken measures deemed appropriate to increase security c) with respect to the report from Walter Mack’s office on issues related to MetroEnviro, is there any word about a date. Village Attorney Waldman replied that there is no date set; there is an issue with the health of one of the persons to be interviewed, but he will
try to find out target date.
Trustee Harkins report: (A) he addressed the matters of finances, budgets & surpluses for the fiscal year ending May 31, 2000. Trustee Harkins read a prepared statement; the General Fund had a budget surplus of $935,000 and the Water Fund had a surplus of $106,000 for the year ending 2000, there was an undesignated fund balance of about 1.7 million dollars; he has a sense the auditors would have considered that excessive. Trustee Harkins spoke of compensated absences and health claims; much of the general fund budget surplus went toward payments to these two items. He added that he would like to see some of the budget surpluses rolled into a 5-year plan for needed Village services such as a Community Center. (B)When he was away in August, there were 4 matching grants approved for application for
approximately $750,000 for improvements to the Seprieo property; he questioned if the Village should come up with matching funds to improve this property at this point in time; there are other things that need to be addressed such as the sewer system, storm water drainage, the Duck Pond, sidewalks, and a Community Center should all be looked at. He stated for the record that, had he been there, he would not have voted for them at this time. C) Trustee Harkins reported on the Chamber of Commerce; that the Winterfest is scheduled for December 9th, further announcements are coming; they are working with the Dept. of Public Works to provide outlets on all lamp posts which should have lights next holiday season; the Rec. Dept. has their Halloween painting contest this weekend; the Goblin Walk is co-sponsored by the Croton Lions’ Club D) the Skateboard Park will be on the work session for October 29th. E) the Village has looked at the cost of video and audio tapes
and will reduce the price from $30.00 To $20.00; audio tapes will go from $10 to $8.00; a copy of the audio tape will be placed in the Library F) Library statistics report has been reviewed and he offered congratulations to all; the proof is in the numbers. G) Trustee Harkins read a letter from Ed Spector dated May, 2001, thanking the Recreation Department for a fine job being performed by that department.
Mayor Elliott congratulated the Croton Council for the Arts for the wonderful program they had the other night. He added that the annual Harry Chapin Walk is scheduled for this weekend.
Trustee Harkins made a motion to adjourn to Executive Session. Trustee Wiegman seconded the motion; approved unanimously. The meeting was adjourned at 10:00 p.m.
Phyllis A. Bradbury
Richard F. Herbek, Village Clerk