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Village of Croton-on-Hudson
1 Van Wyck Street
Croton-on-Hudson, NY 10520

Phone: 914-271-4781
Fax: 914-271-2836


Hours: Mon. - Fri., 8:30 am - 4 pm
 
September 4, 2001 Minutes
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Tuesday, September 4, 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
        Treasurer Reardon                       Trustee Wiegman
        Village Attorney Waldman                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:

Trustee Grant made a motion to approve the minutes of the Regular Board Meeting held on August 6, 2001 as corrected.  Trustee Wiegman seconded the motion.  The Board voted approval as follows: Trustees McCarthy, Wiegman, Grant and Mayor Elliott, "aye"; Trustee Harkins abstained.

Approval of the minutes of the meeting on June 21, 2001 was held over until next meeting pending further review.



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    $ 31,693.16
                Water Fund      21,271.42
                Capital Accounts        39,129.82
                Trust & Agency  $   1,576.04
                                        $ 93,670.44     




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

WHEREAS, the Village Board wishes to consider the environmental impacts of adopting the proposed Greenway Compact Plan as a local law; and

WHEREAS, a Full Environmental Assessment form has been prepared; and

WHEREAS, at the August 6, 2001 Village Board Meeting the Board of Trustees declared its intent to serve as lead agency for this action and authorized the circulation of the EAF to all involved and interested parties, and

WHEREAS, no agencies have come forth to serve as lead agency and as a practical and legal matter the Village Board of Trustees is the only agency which can serve as lead agency for this matter, and

NOW THEREFORE BE IT RESOLVED: that the Board of Trustees does hereby determine, based upon the Environmental Assessment Form submitted to and reviewed by the Board, that this is a Type 1 action, and

BE IT FURTHER RESOLVED, that based upon the Environmental Assessment Form, the Village Board of Trustees hereby adopts the attached Negative Declaration with respect to this matter.


MAYOR ELLIOTT opened the Public Hearing on Local law No. 12 of 2001, adopting the Westchester County Greenway Compact Plan.

1.      Maria Cudequest, 84 Grant St., asked if the Village Attorney is comfortable that home rule would be protected if this Law were adopted.  Village Attorney Waldman replied that is he comfortable with the two aspects that the Village can adopt changes and amendments if they choose or not and the Village retains the power to adopt a law to withdraw from the Greenway Compact Plan.  In reply to question from Ms. Cudequest if she agreed with the Village Attorney, Trustee McCarthy replied that she would defer all questions of that nature to the Village Attorney.   Ms. Cudequest referred to a newspaper article that stated approximately 35 communities in Dutchess County were approached to join this Compact, but only 14 have joined.  Mayor Elliott replied that an overwhelming majority of communities in Dutchess County have already signed on; some misinformation was distributed to upper Dutchess County, but that has been clarified and the spirit of this Compact is that it is a voluntary process and not binding.

There being no further public comments, Mayor Elliott adjourned the Public Hearing.  In response to Trustee Harkins’ question about how this would benefit the Village, Mayor Elliott stated that those that signed on will be the benefit of a larger amount of assistance in local planning and, in addition, it is sound planning policy. Trustee Harkins asked if the ZBA, Planning Board and Comprehensive Planning Commission should be heard from.  Village Manager Herbek replied that the Planning Board was represented on the Waterfront Advisory Committee.  The Board unanimously agreed that this document should be sent to the Planning Board, Comprehensive Plan Committee, and the Visual Environment Board and have them comment before the next Board meeting.  Trustee McCarthy stated that she is concerned that someone will come before the Village with a plan, look at the documents and say the Village supports the policies for Patterns for Westchester, and what they are proposing to do will further those policies, even if the Village does not think it furthers the policies of Croton and therefore can sue the Village based on the fact that this statement for the Greenway Plan was adopted.   Village Attorney Waldman replied that the appropriate Board can reject the argument; however, it is true a suit can be initiated under any premise.   Mayor Elliott asked Trustee McCarthy to submit suggested wording by next meeting.  No vote was taken and the matter was adjourned to a subsequent Board meeting.


b.      Mayor Elliott opened the Public Hearing on Local law No. 13 of 2001, to amend Chapter 204, Article II of the Village code, entitled “Senior Citizens Tax Exemption”.   With no comments from the public received, Mayor Elliott closed the Public Hearing.  

        On motion of TRUSTEE Grant, seconded by TRUSTEE Harkins, Local Law No. 13 of the year 2001 was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with the following vote.  This Local Law is amending Section 204-15 of the Village Code.  Vote:  Trustees Grant, Harkins, Wiegman and Mayor Elliott, “aye”; Trustee McCarthy “abstain”.

        Section 1.  Section 204-15 of the Village code entitled “Exemption granted” is further amended as follows:

        The second sentence shall read as follows: “Such exemption shall be computed after all other partial exemptions allowed by law have been subtracted from the total amount assessed to include all medical and prescription drug expenses actually paid which were not reimbursed or paid for by insurance.”

        Section 2.  This local law shall take effect on January 1, 2002.


5.      CORRESPONDENCE:

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

a.      A letter from Walter Gillis, Dir, Harry Chapin Memorial Run Against Hunger, requesting a permit to hold their annual event on October 21, 2001.  Trustee Grant made a motion to approve the request as stated in the letter dated 8/1/01.  Trustee Harkins seconded the motion.  Vote was taken as follows: Trustees Grant, Harkins, Wiegman, McCarthy, and Mayor Elliott, “aye”.
b.      A letter from Westchester County Executive, Andrew Spano, regarding pending state legislation, A.5352-B/X.3386-B, restricting the type and brightness of outdoor night lighting.  Village Manager Herbek will check to see if this is still pending and will speak with Ken Kraft on how this would affect the Village.
c.      A letter from Lawrence Salley, Westchester Co. Commissioner, Dept. of Transportation, regarding the Mid-Hudson South Bicycle and Pedestrian Master Plan.
d.      A letter from Tomas Szoboszlai, requesting approval for a public assembly and parade/march on September 9, 2001.  Trustee McCarthy made a motion to approve the request as stated in his letter dated 8/16/01 with the change from Vassallo Park to Dobbs Park.  Trustee Grant seconded the motion, approved unanimously.
e.      A letter of retirement from Lt. Patrick E. Calcutti, effective 9/25/01.
f.      A letter from Jo-Ann Dyckman, Cortlandt Town Clerk, informing the Village of a proposed moratorium within the Town of Cortlandt; Public Hearing to be held on 9/25/01.
g.      Letters from Judith Kenny, NYS Dept. of State, Joseph Boardman, NYS Dept. of Transportation and Denise Sheehan, NYS Dept. of Environmental Conservation regarding the State Legislature’s enactment of a “baseline” budget for the entire 2001-02 fiscal year and existing contracts with New York State.  Village Manager Herbek advised that all grants pending are in jeopardy and the Village has sent two requests for reimbursements, but they are still pending; there is one more that is still to be sent in.
h.      A letter from the Kenny’s, 150 Hessian Hills Road regarding traffic on Glengary Road.
i.      A request from Metro North asking that the Village relax their parking requirements for their annual Open House to be held on October 20, 2001 from 10 am to 3 pm as has been done in the past.  The Board unanimously agreed to this request.
        j.      A letter from Joseph Marcogliese, P.E., Deputy Commissioner, Westchester County Environmental Health Services regarding the Ecosystems Strategies, Inc. report on the septic disposal systems at the Temple Israel.  Village Manager Herbek stated that all members of the Board have received a copy of this report.  Village Manager Herbek stated that there is a difference in opinion from the Health Dept. and Ecosystems and suggested asking the Health Dept. to go back and redo the tests during higher use period when school is in session; he is asking Paul Ciminello to attend the next work session and comment on the Health Dept. letter; also ask someone from the Health Dept. to attend.  Trustee McCarthy stated she would like Ecosystems to reply in writing their comments on the Health Dept.’s letter of September 4th.  She added that she would also like to know why the Co. Health Dept. is taking themselves out of the loop when they opined in 1991.  Trustee Wiegman asked if the Health Dept. did an inspection that was equivalent to what the Village’s engineer did.  Village Manager Herbek stated that the Village’s testing was much more in depth.  Trustee Grant stated that the County cannot be allowed to get out of the loop, they did not address many items addressed in the Ecosystems report and pressure should be put on the County and to tell them that there are identifiable serious problems that are backed up by scientific data.  Trustee McCarthy added that the Village has legal remedies to make sure the Health Dept. does their job.  Village Attorney Waldman suggested Village Manager Herbek include in a letter to the Health Dept. the fact that the test was performed at the end of the summer when school was not in operation and suggest a reasonable time for new testing.

6.      CITZEN PARTICIPATION:

a.      Jeff Yeates, Hessian Hills, stated that clearly the County Board of Health test is invalid and asked that prior to the next test, get a record of any pumping that has been done from the septic system since the Temple does regular pumping.
b.      Maria Cudequest commented on the letter from the County Health Dept., stating that it holds no credibility with her.  Ms. Cudequest read a statement regarding Metro Enviro, which is available in the Village Office.  She mentioned that Mt. Kisco settled their lawsuit with NYCONN and was to receive $5-million in settlement.  She supplied the minutes of a Board Meeting at Mount Kisco which includes details of this settlement (these minutes are also available in the Village Office.  She expressed her displeasure with the idea of disposing of the soon-to-be removed railroad ties from the Croton Bay at Metro Enviro.  She asked the following questions of the Board:  (1) When will the Public Hearing on the renewal of the Special Permit be reconvened?  (2) Is Metro Enviro on any Work Session agendas in the near future and what dates?  (3) Will the Board consider assessing tonnage fees if the permit is to be renewed?  (4) Will the Board be considering the issue of an independent monitor?.  Trustee McCarthy stated that notices of violation should be issued for all violations of the permit, but this has not been done.  Trustee Grant questioned whether this was necessary.  A long debate ensued on this issue and the majority of the Board refused to issue notices of violation for the tonnage overages based upon their view that they are unnecessary.  In response to a statement by Trustee Grant that she learned that Metro Enviro was selling containers on the site, Trustee McCarthy stated that that appeared to be a violation of the permit and wanted it investigated and a Notice of Violation issued within 48 hours if it is a violation.
c.      John Giglio, Chair, Croton Recreation Advisory Committee, commented on the issue of I.D. Cards for Senasqua Park, stating that issue is who uses the park; the Recreation Dept. puts time and energy in maintaining the park; the Village has put a big investment in upgrading the facility; residents should call the Mayor or any Board member and express their opinions.  Trustee McCarthy stated that the Recreation Board should be asked for recommendations for the Skateboard location, suggest two preferable spots and the Board should consider those and vote.  John Giglio replied that the Board has made recommendations, but will meet next week and discuss this further.  Village Manager Herbek stated that he will have this on the agenda for September 11th work session and has asked Mr. Giglio and committee to attend; they will be a part of Duck Pond discussion.
d.      Paul Rykowski, 13 Georgia Lane, referred to an accident his wife had that included Village employees and asked that the Village intercede to bring repayment of out of pocket expenses he has outstanding.  Mayor Elliott asked for copies of detail and he will ask the claims dept to reopen the case.
e.      Jeff Yeats, Hessian Hills, spoke about the proposed Millennium pipeline and his and many Westchester County residents’ opposition to the route, asking why no members of the Village Board were present at the meeting held in Mt. Vernon tonight.  Mayor Elliott replied that the Village was very well represented by Attorney Neil Levy and members of the Planning Board.  There was discussion about if any alternate route was suggested or approved at a recent meeting attended by Richard Herbek and Trustee Grant.  Trustee Grant stated that she said at the meeting that if the pipeline had to be entirely, then the right of way on the Con Ed line was the better route.  Further, Trustee Grant stated that she was not, in her view, speaking on behalf of the Village Board when she made that statement.  Trustee Wiegman stated that the Village was in a very unique position in regard to its Coastal Management; Millennium has spent very little time on the Village’s Local Waterfront Revitalization Policy and the Village had the foresight to adopt the entire Village boundaries to be within the waterfront revitalization program; this battle has been taken to Washington and Albany with hundreds of pages of data.
f.      Tom Brennan, Riverside Ave., stated that MetroEnviro violations should be addressed and notices of violation issued as would be done if he personally were found in violation; records of violations should be kept.  Trustee McCarthy stated that the Village code enforcer should be able to spot violations and issue notices and the Village should have a record of all violations.  Trustee McCarthy noted that when the Code Enforcement Officer goes to the site he says ‘no dust, no litter, nothing’.  John Giglio stated that he wrote a report about dust from MetroEnviro and it was never acted upon.  
g.      Pat Zanfardino, 45 Thompson Ave. asked if the repaving of Old Post Rd. to Riverside will be done.  Village Manager Herbek replied that it is going to be done and also Grand St. needs to be repaved.  Mr. Zanfardino suggested this should be postponed awaiting the report from the engineer to see if something needs to be changed for the runoff problem; he gave suggestions of items that should be looked at.  Village Manager Herbek will follow up.




7.      RESOLUTIONS:

a.      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, in a letter dated March 23, 2001, Zarin & Steinmetz, Attorneys at Law, on behalf of Allied Waste Industries, Inc., requested a renewal of their Special Permit which was due to expire on May 5, 2001; and

WHEREAS, at a special meeting of the Board of Trustees held on April 23, 2001, the Board of Trustees granted a sixty-day extension of the previous special permit in order to have time to consider the renewal of the Special Permit; and

WHEREAS, Work Session was held on April 30, 2001 to discuss this matter; and

WHEREAS, a Public Hearing was held on May 7, 2001 to consider this matter; and

WHEREAS, on June 18, 2001 the Board granted another sixty-day extension of the special permit, and

Whereas, the Board is now waiting for the final report from Walter Mack, the federally appointed monitor,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees does hereby grant another sixty-day extension of the special permit to Allied Waste Industries.

Discussion: The Mayor asked David Stenmentz if Metro Enviro would fund an environmental consultant and a monitor.  Mr. Steinmetz will ask Metro Enviro.  Village Attorney suggested a traffic study be included.  Mr. Steinmetz stated that he would like to find out who the consultant will be and the reports required.  Trustee McCarthy asked for a reply about the sales of empty containers and if his client made any applications to the DEC for changes; Mr. Steinmetz will get back with a written report.

b.      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, Mr. Soo Chan Khian has applied for a special hardship permit pursuant to Section 195-9 of the Village Steep Slopes Law; and

WHEREAS, on August 6, 2001 the Village Board of Trustees referred this matter to the Planning Board for its recommendation; and,

WHEREAS, this matter must be addressed at a Public Hearing,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby calls for a Public Hearing on October 15, 2001, to discuss the matter of the Special Hardship Permit application for the property on Prickly Pear Hill owned by Mr. Soo Chan Khian.

c.      The resolution amending the budget for sewer treatment plant renovations was held over pending further discussion.  Trustee Wiegman withdrew his motion; there was no second.

d.      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 with a 5-0 vote.

WHEREAS, the Treasurer wishes to amend the transfer of funds that were approved in a resolution dated April 16, 2001 ( B-2 # 10 ) that was used to finance the Harmon Firehouse project costs that were unanticipated, and realized after the bond issue was completed; and

WHEREAS funds to cover these costs exist in the General Fund, and the Village Treasurer wishes to amend the 2000-2001 Debt Service fund budget effecting the following accounts; and

Decrease  6-0006.5031        by  $ 125,000.00    ( Transfers from General )
Increase   6-0006.5990        by  $ 125,000.00    ( Appropriated Fund Balance )
Decrease  1-9956.0900        by  $ 125,000.00    ( Transfer to Debt )
Increase   1-9953.0900        by  $ 125,000.00    ( Transfer to Capital)

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

e.      Resolution authorizing the Village Manager to sign the contract with Dvirka & Bartilucci regarding storm water management was held over pending further discussion.

f.      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, on August 10, 2001 the Village opened sealed bids for a 25 cubic yard sanitation truck, and;

WHEREAS, two bids were received, one from Healey International in the amount of $107,724 and one from Metropolitan International Trucks in the amount of $110,725, and;

WHEREAS, this item was budgeted and funds appropriated in the FY 2000-2001 Village Budget for the purchase of this sanitation truck, and;

WHEREAS, the Village Manager signed the contract with the low bidder, Healey International, in order to expedite the buildout and delivery of this vehicle, which is essential to the Village sanitation operations.

NOW THEREFORE BE IT RESOLVED: that the Village Manager’s signing of the contract with Healey International to provide one sanitation truck in the amount of $107,724 is hereby ratified and approved.
g.      On motion of TRUSTEE HARKINS, seconded by TRUSTEE WIEGMAN, the  
following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a vote of 4-yea and Trustee Grant abstained

WHEREAS, on August 9, 2001 the Village opened sealed bids for the construction of a masonry stone wall along Hunter Place, and

WHEREAS, four bids were received with the lowest responsible bidder being Acocella Contracting for their bid in the amount of $49,875, and

WHEREAS, this item was budgeted and funds appropriated for the construction of this masonry retaining wall,


NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the contract with Acocella Contracting for their bid in the amount of $49,875.


h.      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 Mechanic has identified two vehicles, which are no longer operational because of their condition, and

WHEREAS, prior to disposal of these vehicles, the Village Board must approve a resolution declaring these vehicles as surplus property,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to dispose of these two vehicles, a 1988 Chevrolet Caprice and a 1999 Ford Crown Victoria, by means of sealed bids or by public auction.

i.      On motion of TRUSTEE WIEGMAN, seconded by TRUSTEE HARKINS, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York, and voted 5-0:

WHEREAS, on August 9, 2001 the Village opened sealed bids for the installation of fire hydrants, and

WHEREAS, two bids were received, one from Schipp Construction Company in the amount of $31,400 and one from WD Excavation and Contracting in the amount of $34,400, and

WHEREAS, this item was budgeted and funds appropriated in the FY 2001
        -2002 Water Budget for the purchase and installation of fire hydrants, and

WHEREAS, the Village Manager signed the contract with the low bidder, Schipp Construction Company, as manpower from Schipp Construction Company was available to do this job in an August timeframe,

NOW THEREFORE BE IT RESOLVED: that the Village Manager’s signing of the contract with Schipp Construction Company in the amount of $31,400 is hereby ratified and approved.


REPORTS:
Village Manager Herbek suggested the next Regular Board Meeting be rescheduled to September 18th; there is a work session scheduled for September 10th.  Village Manager Herbek reported that the speed counter will be out at 20 Glengary Rd. as requested.  Mr. Herbek displayed blueprints of the Hughes St. sidewalk replacement project and reported that he has spoken to homeowners who are involved.

Treasurer Reardon reported that the next phase of sidewalk replacement is coming along nicely and the Village will not be holding anyone’s money when no work is being done.  

Trustee Wiegman reported the WAC has commented on the Storm Management Plan and the Greenway Advisory Committee is reviewing the waterfront part and John Imbiano has requested two changes before it goes to the printer.

Trustee McCarthy reminded residents that school opens tomorrow and to drive safely.

Mayor Elliott reported that he has appointed Charlie Kane to fill the vacancy on the WAC, adding that members of the WCC recommended this appointment.  Mayor Elliott, on behalf of the Village, thanked everyone who has been helping with the Millenium Pipeline issue.

Trustee Grant made a motion to adjourn, seconded by Trustee Wiegman, approved unanimously.   The meeting was adjourned at 12:30 a.m.

Respectfully submitted,


Phyllis A. Bradbury, Secretary

Richard F. Herbek, Village Clerk