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March 4, 2002 Minutes
Regular Board Meeting
March 4, 2002
Page 1
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, March 4, 2002 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 McCarthy
        Village Attorney Waldman                Trustee Wiegman

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


Trustee Grant made a motion to approve the minutes of the Regular Board Meeting held on February 19, 2002 as corrected.  Trustee Wiegman seconded the motion.  The Board voted as follows:  Trustees Grant, McCarthy, Harkins and Wiegman, “aye”; Mayor Elliott “abstain”.


Trustee Grant made a motion to approve the vouchers as follows, subject to review by the Audit Committee.  The motion was seconded by Trustee Wiegman and approved unanimously.

                General Fund    $       31,454.56       
                Water Fund      3,781.64                                        
                Capital Accounts        18,266.64
        Trust & Agency          1,545.00                
                        $ 55,047.84

Mayor Elliott opened the Public Hearing on the application for a Special Permit for the Half Moon Bay Marina.  Village Manager Herbek read the changes requested.  He stated that he has posted the plans on the bulletin board in the Board Room for all to see and that additional copies of the plans are available in the Village Office; legal notices have been published and all requirements of the Village Code have been satisfied.  Village Manager Herbek added that this application was referred to the County Planning Board and they have indicated that there are no County or Intermunicipal planning issues of concern; this matter has also been referred to the Planning Board and the Waterfront Advisory Committee and both are in favor of granting the Special Permit.

Public Comment:  Trustee McCarthy explained her recusal from consideration on this application because Mr. Plotkin was a client of a firm that she works for.  Alan Rothschild, the attorney representing Steel Style Development Corp, the owner of the Half Moon Bay Marina, was present at this meeting and asked that certain items be incorporated in the Special Permit.  The new facility will be limited to a pump out station and mooring the fireboat; the stay at the pump out dock will be limited to 2 hours; each of the condo units be restricted to 1 vessel and its tender; parking as it now exists will remain the same.  Mr. Rothschild stated that there may be additional parking gained from the Villages lower parking lot and asked that, during boating season, the lot be restricted to marina use during the day time.  Village Manager Herbek replied that that lower parking lot is also meant for use by the general public and to restrict that parking lot entirely to marina users was never the intent.  Mayor Elliott stated that if it becomes a problem for the marina and residents, he would be willing to discuss this.   Village Attorney Waldman stated that he understands that these conditions have been negotiated with the Homeowners Asso. and asked that these be put in writing with a sign-off by the Homeowners Asso.   Village Manager Herbek asked if the Fire Dept. has been consulted on the new location for the fireboat; adding that he is concerned that if the fireboat is to be put on the outside it will be unprotected.  It was explained that this area will allow the fire department to respond more promptly to emergencies and there are ways to design the mooring to allow for more stability.  Mayor Elliott suggested if the permit is approved, it could be contingent on approval of the fire department. Trustee Grant stated that she recalled that long-term mooring of the fireboat was included in the original permit, she asked that this be looked into and it will have to be resolved.  Mr. Rothschild added that this plan calls for jet ski slips, which are restricted to use only by unit owners in the dockuminium and the Homeowners Asso. members; no additional parking will be required for these jet skis.
1. Darrell Walsh, 514 Half Moon Bay and President of the Half Moon Bay Homeowners Association, asked about rental of the ski jet slips and additional parking.  Mr. Rothschild replied that there would be no additional parking as these slips are not being sold, but are available for rental only by dockominium owners and Half Moon Bay homeowners, and will be limited to 20.
2.  Ronald Schurr, counsel for the Homeowners Asso., referred to a letter dated March 4th which stated that the homeowners are in accord with increasing the slips from 162 to 173, contingent upon the marinas compliance with the provisions set forth in that letter.  He added that he is unfamiliar with the jet ski docks proposal and asked that they have the ability to review this additional proposal.  Mr. Schurr, with respect to parking and sale of the bridge, stated that he understands the Village agreed that they will expand the lower parking area to include additional parking for the marina usage to the extent feasible.  Village Manager Herbek and Mayor Elliott stated that they would like to have a meeting and discuss the details.
3. John ONeill, 217 Half Moon Bay, stated that he feels the Village is unaware of some of the agreements between the Homeowners Asso. and the marina.  He read a prepared statement of why he feels the Special Permit should not be granted, such as noise pollution, gas pollution, uncovered garbage on and in the water from the boaters, dangerous wakes, commercial fishing,  use of party boats, and an overdeveloped and overcrowded waterfront.  
4. Ronald Schurr replied that he has an agreement with the marina that no commercial vessels or excursion boats will be allowed to dock or utilize the marina.
5. Dave Tuttle, 94 Grand Street, stated that he has serious concerns about this proposal, especially environmental concerns; he requested the environmental impact study that was done be made available.  Mr. Tuttle asked if the Village gets any financial benefit from the marina.  Mayor Elliott replied that there is a net tax benefit to the Village.  Mr. Tuttle asked that the Board consider all issues before granting this special permit, especially environmental impacts.
6. John ONeill asked if the special permit is not granted, will it still become a boataminium and will it be good for the river?  Village Attorney Waldman replied that the permit itself does not speak in terms of ownership or rental, but in terms of taxable slips and physical changes, not ownership; on the face of it right now they could rent or sell.  
7. Maria Cudequest, 84 Grand Street, stated that she agrees that the Village should not give up any parking without adequate compensation and she asked who runs the pump out station and how often it is pumped out.  The reply was that it goes directly to the municipal sewer.  Ms. Cudequest asked that the environmental impact statement be made available and she would like an idea of how much money the Village will be making on these docks.
8. Trustee Grant asked for further explanation of commercial fishing and party boat use.  Mr. Plotkin replied that privately owned fishing boats did come in and boarded people who were bused in; right now there are no restrictions preventing rental to outside groups; the new proposal will eliminate this.  Village Attorney Waldman added that this prohibition would be a requirement of the special permit.
9. Trustee Harkins asked about the parking areas that are used.  Mr. Plotkin explained the joint parking between marina users and the public.
10. Trustee Wiegman further explained the WCCs favorable position based on waterfront issues, such as that the footprint will not be changed, the floating dock will not increase the shading of the river bottom from sunlight, and the relocation of the pumping station will be  to a more accessible area.

Mayor Elliott stated that two outstanding issues that need to be discussed are the fireboat location approval by the fire department and the issue of slips for jet skis; and the Village will prepare the negative declaration.  Village Manager Herbek stated that the Village Board must be declared lead agency for this special permit.  

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 “abstain”.  

WHEREAS, at the Village Board of Trustees meeting held on December 12, 2001; Steel Style Corporation requested a special permit for changes to be made to the Half Moon Bay Marina; and

WHEREAS, These changes consisted of changes in the configuration of the docking slips, extending the docks, and relocating the existing pump-out station; and

WHEREAS, the Village Board of Trustees referred this matter to the Planning Board, Waterfront Advisory Committee, Water Control Commission, and the Westchester County Planning Board; and

WHEREAS, the Board of Trustees called for a Public Hearing to be held on March 4, 2002 to consider this matter; and

WHEREAS, a Full Environmental Assessment Form has been prepared by Steel Style Development Corporation,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby declares itself Lead Agency with respect to this matter.


Village Manager Herbek read the following correspondence (full text available at the Village Office):
A letter from Wayne Spector, Sweeney, Cohn, Stahl & Vaccaro, Attorneys for Kieran Murray who has applied for Special Hardship and Mixed use Permit.  Village Attorney Waldman agreed that a full environmental assessment form should be submitted; everything should be submitted to the Planning Board.  Trustee Grant stated that Mr. Murray was aware that there would be a delay and agreed to it; she believes that the wording in his letter is inaccurate. Village Attorney Waldman added that nothing can go forward until the merging of the subdivision is approved.  Trustee Grant made a motion to refer this to the Planning Board; Trustee Wiegman seconded the motion; approved unanimously.
A letter from William Steidle, NYC DEC regarding the Metro Enviro Facility stating that the executed permit transfer has been sent to Allied Waste Industries, Inc. and they have added two special conditions to the permit.  The letter also stated that the facility is authorized to accept up to an average of 700 tons per day and up to a maximum of 4200 tons per week of C&D debris and wood waste; they did not authorize any increase in tonnage or any other modification to the permit at this time.
A letter from Jon Goplerud, Conservation Advisory Council Chair, regarding their proposal to plant daffodils in several areas in the Village. Mr. Goplerud and Jan Johnsen were present to talk about their proposed project.  Trustee McCarthy suggested giving consideration to other locations in order to put a plan in place for future plantings.  
A letter from Mary Ann Roberts, Village Clerk, Village of Ossining, informing the Village that they had designated the Ossining Board of Trustees as lead agency in connection with a traffic project for Rt. 9.
A letter from Rosalind Morrissey, announcing the 64th community blood drive to be held on Sunday, May 19th from 9:00 am to 3:00 pm at Croton-Harmon High School
A letter from Frances C. Nugent, Town of Rye, Town Clerk asking for support in the form of a resolution urging County Executive Spano to keep the Ice Skating Casino at Playland open and improve its operation.   Trustee Grant made a motion in support of the County forming a commission to study the Ice Skating Casino and ways to improve its operation.  Trustee McCarthy seconded the motion; approved unanimously.
A memo from County Executive Andrew Spano regarding the possible 50% cut in CDBG funding as a result of the Presidents proposed FFY 2003 budget and asking any interested parties to join him in protesting this cut at a press conference on Tuesday, March 5th, 1:00 pm at the Mt. Kisco Fox Senior Center.  Village Manager Herbek stated that he was aware of this possibility; he added that it is very important to let the federal delegation know how important this funding is and he will be attending this press conference on behalf of the Village.

Dave Tuttle, 94 Grand Street, stated that the cable channel will rebroadcast the candidates debates Tuesday and Wednesday and asked when this Board meeting will be rebroadcast.  Village Manager Herbek replied that it will be rebroadcast on Thursday.  Mr. Tuttle appealed to the public and campaign committees to run a nice clean campaign and set a good example.  Mr. Tuttle stated that he doesnt understand why MetroEnviro is encouraged to continue to operate in the Village.

Maria Cudequest, 84 Grand Street, read a statement regarding the MetroEnviro permit extension and copies of her statement are available to the Board; she stated that recent news articles (copies available via Concerned Citizens of Croton) regarding charges of an over-billing scheme against a Mr. Roberts and MetroEnviro and the collapse of NYCs long-term garbage disposal plan had Allied Waste featured prominently in these articles.  She added that some of NYC waste has already been transported to the RESCO facility in Peekskill.  Ms. Cudequest asked that the Board review the documentation as well as the further information they should be receiving by the end of the week.


a.      On motion of Trustee Grant, seconded by Mayor Elliott, 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, Mayor Elliott: “aye”; Trustee McCarthy: “abstain”.

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, a 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, and again on September 4, 2001, the Board granted sixty-day extensions of the special permit, and

WHEREAS, the Board on October 29, 2001, further approved an extension of the special permit to November 19, 2001, and

WHEREAS, THE Board on November 19, 2001 approved a further extension of the special permit until the end of the day on February 4, 2002; and

WHEREAS, THE Board on February 4, 2002 approved a further extension of the special permit until the end of the day on March 4, 2002; and

WHEREAS, the Board, among other things, 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 extension of the special permit to Allied Waste Industries until the end of the day on April 1, 2002.
BE IT FURTHER RESOLVED that the Village Board of Trustees will further consider the matter of the special permit renewal to Allied Waste Industries on April 1, 2002.

Discussion:  Trustee McCarthy asked if Mr. Steinmetz knew what caused the requirement of the new condition 35 of the DEC permit, which provides that MetroEnviro is to conduct annual inspection of the tipping/floor.  Mr. Steinmetz replied that he did not know nor did they receive specific inquiries regarding the condition of the floor.  Trustee McCarthy asked who the individuals are that are “ccd” on the letter.  Mr. Steinmetz explained who they were and why they were “ccd”.  Trustee McCarthy added that in connection with the February 28th letter to Mr. Herbek, the report of the additional tonnage violations, she believed Allied had said there were no other violations.  Mr. Steinmetz replied that he believed they said they knew of no other violations and if apprised of any, the Village would be notified; they found out about the possibility of an overage from the Federal Monitor, reviewed the records and notified the Village of the infraction.  Trustee McCarthy added that there must have been someone else at the site that was involved in the batching scheme.  The individual who was fired by Allied was on vacation on August 21, 2000 when this overage occurred.  Mr. Steinmetz added that the person who was operating the scale on August 21, 2000 is no longer working at the facility.  Trustee McCarthy stated she couldnt understand why the bond issue cannot be resolved.  Mr. Steinmetz stated that a change in the performance bond has been made as requested by Village Attorney Waldman, it has been sent to Allied, Allieds corporate office and the outside insurer that will issue the bond; the final change is being reviewed; the balance of the bond has been agreed to by all parties; he is expecting the issuance within the next couple of days at the latest and certainly by the next appearance.  Trustee Harkins asked if they are being fined the $10,000 for the inaccuracy of records and record keeping and is that for the 5 events that occurred in overage of the DEC permit.  Mr. Steinmetz stated that the $10,000 fine is all-inclusive not specifically record-keeping; the record-keeping issues run from January 2001 through August 2001.  Trustee Harkins stated that in 2001, there wee approximately 27,000 tons difference between what has come into the site and what went out; he realizes that this is being addressed in the consent order.  Trustee McCarthy added that in 2001, the number of trucks that arrived at the facility was 19,455 trucks for the year 2001; in 2000 they had just over 14,000 trucks- an increase of 5,000 trucks.  Mr. Steinmetz stated that the tonnage has gone down, so it is hard to believe the truck count would have increased; he will provide the records on that.  Trustee Wiegman asked about the DEC permit requirement of a C&D tracking form acceptable to the department needs to be used and is this being used already.  Mr. Steinmetz replied that there is now a form everyone is comfortable with and it now has been formalized as a requirement.  Trustee Wiegman asked when this last exceedance occurred?  Mr. Steinmetz replied that it occurred 4 days after the last one they knew of.  Trustee Grant stated that she is concerned by the appearance of the site and what goes on down there on a daily basis; there are piles of containers being stored at the site, many are not C&D containers, she does not believe these are allowed within the special permit and they should be removed; she is not comfortable in renewing the special permit unless there are very stringent regulations as to what is allowed to be stored there.  Mr. Steinmetz replied that Allied has proposed to substantially limit what it believes is otherwise permissible outdoor storage areas on the site.  Village Attorney Waldman stated that he disagrees with Mr. Steinmetzs statement and he believes the special permit covers the entire site and the special permit does supercede the approved site plan.  It was agreed to extend the special permit for a shorter period than previously extended for the specific purpose of working out the storage numbers.  Trustee McCarthy asked if they log in and maintain records of the containers.  Mr. Steinmetz replied that there is no specific record of exactly what and when containers were moved in.  

Note:  Trustee McCarthys “abstain” vote is based on the fact that no surety bond is in place.

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

        WHEREAS, the Village received three bid proposals for turf care of Village property; and

        WHEREAS, Colonial Landscaping submitted the lowest bid at $41,720; and

        WHEREAS, Colonial Landscaping has performed this work for the Village in the past,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to award the turf care contract to Colonial Landscaping for $41,720.

c.      On motion of TRUSTEE Grant, seconded by TRUSTEE Wiegman, the following resolution was unanimously adopted 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 for new security fencing; and

WHEREAS, funds to cover the additional cost exist in the Water Fund account  ( 8340.400 ); and

Increase    2-8320.0460  by  $ 7,500.00    ( Buildings & Grounds )
Decrease  2-8340.0400   by  $ 7,500.00    ( Contractual )

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

d.      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 McCarthy “aye”; Mayor Elliott “abstain”:

WHEREAS, in 1999 the Village Board approved an agreement with New York State for the receipt of $50,000 from the Clean Water/Clean Air Bond Act in order to construct a handicapped accessible trailway along the Village-owned waterfront parcel formerly known as SEPRIEO, and

WHEREAS, this project has not yet been completed; and

WHEREAS, in October 2001 the Village applied for additional funding from the Hudson River Foundation to help pay for the Villages share of the cost of the trail construction; and

WHEREAS, the Village has been awarded $12,500,

NOW, THEREFORE BE IT RESOLVED:  that the Village Manager is authorized to sign the agreement with the Hudson River Foundation for the receipt of $12,500 for the construction a handicapped-accessible trail at the Croton Waterfront Park.
Note:  Mayor Elliott abstained from voting as he is a member of the Hudson River Foundation Board of Directors.

e.      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 Fire Department provides ambulance service to the Mount Airy Quaker Bridge District on a contract basis each year, and

WHEREAS, the Town has provided the Village with the 2001 Ambulance Agreement between the Town of Cortlandt and the Village of Croton-on-Hudson,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the 1999 agreement with the Town of Cortlandt covering calls made within the Mount Airy Quaker Bridge District which provides that the Town shall pay the Village the sum of $34,250.00 for providing this ambulance service.

Village Manager Herbek reported that there will be an Indian Point siren test on Wednesday, March 6, 2002.  Trustee Harkins referred to tone-alert radios, questioning if the siren isnt loud enough, the authorities have a tone-alert radios, but if they do not hear them, is there a hole in the process?  Village Manager Herbek replied that the police department is being separately notified and the Villages tone-alert radio is in the Municipal Office that is always manned by someone during regular business hours.  Village Manager Herbek stated that they will be committing for overtime costs for the Little League tournament Memorial Day and he needs to have approval for the overtime expenditure before the end of the week so he can notify Ed Spector.  It was the consensus of the Board to approve the expense.  Village Manager Herbek stated that he had the Grand Street radar enforcement report relevant to Mr. Tuttles previous request for enhanced enforcement.

Trustee Wiegman reported that the United Communities of Westchester conducted a very successful blitz of the Governors office on the Millennium Pipeline project.  Trustee Wiegman asked for the current status of the grocer who will be going into the former CVS store.  Village Manager Herbek replied that the new CVS space needs to be completed; then the space in question is hoped to be ready for late summer or early fall.  Trustee Wiegman reported also that the Croton-Close Indian Point Now forum was well attended and informative.  He added that the LWV would like their next forum to be focused on the facts of decommissioning a nuclear power facility; they are trying to get the NRC to send a speaker to that event and hope to hold it in Ossining this month.

Trustee McCarthy reported that the forum was interesting and possible resolutions may be coming before the County Board of Legislators on these issues with respect to the emergency evacuation plan.  She added that the school buses must be operated by properly trained drivers and suggested cross-training the Villages Dept. of Public Works personnel to man the buses in the eventuality there are not enough drivers available; this will be brought up at the School Safety Meeting on March 12th.  She added that she has proposed that the Villages recreation van be used in connection with any evacuation plan and when this van is replaced, it be kept as an emergency back up.  Trustee McCarthy added that a resident suggested the Village have their own series on how the plan would work in Croton and explore all ways of evacuation.  Mayor Elliott suggested having experts come in jointly with other municipalities to explain what realistically can or cant be done.   Trustee Grant agreed that this it would be a good idea to do such a review.  Trustee McCarthy reported also that the lights are out and the flag is not illuminated at Veterans Corners.  Trustee McCarthy reported that with respect to the signage law, the owner of the Sunoco Station had a sandwich board which fell in the net of the new sign law and it is now gone; it was on his property, not near the road and she didnt think this law would have an impact on something like this; she asked that a list be made of situations and it be reviewed and modified.  Trustee McCarthy asked that the Senasqua admission policy be put on a work session agenda so it is all set before the season.

Trustee Harkins stated that he had information on resources to obtain KI from a recent publication and asked that it be published on the Villages web site.  Trustee Harkins shared suggestions he had for the train station regarding retail, restaurant and shopping areas for a section in front of the train station; this would relocate the handicapped parking spaces and taxi spaces.  Trustee Harkins stated also that existing conditions should be reviewed.  Trustee Harkins reported on issues that he would like discussed at the next work session; term limits, changing the Villages election, establishing a capital reserve fund for a community center and the deduction of veterans disability compensation payments from senior citizens income calculation.  He added that he will be proposing resolutions on these issues at the March 11, 2002 work session and may move them before the end of his term.

Trustee Grant stated that she would like the Village to take a pro-active approach to see that people do not use the former Grand Union parking lot as a “park and ride” area as they do now.  Village Manager Herbek replied that things can be done, but it would require more governmental enforcement/jurisdiction over that parking lot; if that lot were 2 hour parking, they would not be able to do that; the Village can do this at the property owners request and it must be done in conjunction with increased parking enforcement.  Village Manager Herbek stated that another idea under discussion is setting up a permit system for employees of shopping centers and have them park on Riverside Ave. rather than the shopping centers parking lots; they must speak to people who work in those stores and the store owners should be consulted for their cooperation.  Trustee McCarthy asked about parking behind Croton Commons for employee parking; Village Manager Herbek will ask.

Trustee Grant made a motion to adjourn.  Trustee Wiegman seconded the motion; approved unanimously.  The meeting was adjourned at 11:25 P.M.

Respectfully submitted,

Phyllis A. Bradbury, Secretary

Village Clerk