A regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, March 18, 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
Village Attorney Waldman Trustee McCarthy
Absent: Treasurer Reardon
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 March 4, 2002 as corrected. Trustee Harkins seconded the motion. The minutes were approved by a unanimous vote.
3. APPROVAL OF VOUCHERS:
General Fund $ 18,986.31
Water Fund 478.43
Trust & Agency 6,386.36
Village Manager Herbek read the following correspondence (full text available at the Village Office):
a) A letter from Andrew Spano, County Executive, regarding the “drought warning” he has issued for Westchester County. This phase is voluntary and Mr. Spano is asking for the cooperation of every resident, business and municipality in conserving water. Posters with water saving tips were enclosed to help the education process with the public. Louise Doyle is the new Director of Westchester s Water Agency. Mr. Herbek said if a water emergency is issued by the County it will apply to us even though we pump our water from underground wells and do not utilize the reservoir system. Mr. Herbek asked all Village residents to
b) A letter from Douglas Aspros, Westchester County Board of Health, regarding the Final Generic Impact Statement for the County s proposed Mosquito-borne Disease Surveillance and Control Plan. Croton has been an involved agency in the development of this plan which is why we are receiving this Statement for review. Copies of the plan are available for review in the Village Office. Mayor Elliott suggested that people in the Village with appropriate expertise review the plan to provide comments on it.
c) A letter from David Steinmetz, Zarin & Steinmetz, regarding the Performance Bond for Metro Enviro Transfer LLC. A copy of the Performance Bond was attached. Mr. Herbek stated that Mr. Steinmetz will be at the April 1, 2002 meeting for discussion. Trustee McCarthy asked how the date of renewal is being defined? Attorney Waldman said the Bond is effective immediately but the renewal period of one year would be calculated from the date of the Metro Enviro Special Permit renewal if it is renewed. Trustee McCarthy asked for a letter reaffirming that the surety begins now to which all agreed. Trustee McCarthy stated that
$200,000 of this bond is devoted to closure and $100,000 is devoted to penalties; she would like the entire $300,000 to be available for available, if required, for possible closure costs. Attorney Waldman said it is important to have some amount designated to be drawn on for penalties. He pointed out that between the Village s Bond and that of the NYSDEC, there is a total of $400,000 available for closure purposes. Trustee McCarthy asked if the Village has to bring a lawsuit in order to have use of the penalty bond money. Attorney Waldman explained that in the case of a penalty, if it is not paid in 60 days, the Village notifies the surety company and then there is a considerable period of time to reach a conclusion on the matter. If there is not a satisfactory conclusion within 10 months, then the Village can bring a lawsuit. In the case of closure, the Village has a whole year to commence a suit.
d) A letter from Michael Kansler, Entergy Indian Point Peaking Facility, regarding the Preliminary Scoping Statement for the proposed Peaking Facility at Indian Point; a 330 MW simple-cycle electric generating peaking facility to be located in the Village of Buchanan. The Scoping statement is provided for review and comment by involved and interested agencies. Trustee Wiegman said this proposal is scaled down from their original proposal. Trustee McCarthy asked what actions are we going to take. Mayor Elliott said the Village Board has already passed a resolution calling for a complete close down of the facility. As a Board we should
comment and members of the Village s staff should develop a statement for the Board to review.
5. CITIZEN PARTICIPATION:
Kathleen Parker, 70 Grand Street, stated she is an avid boater who keeps her boat at the Half Moon Bay Marina (HMB) The HMB Marina is really a well run facility. In her opinion they should be allowed to move toward dockominiums. Regarding dogs and and jet skis, the type of jet ski proposed for use at HMB are quiet types with exhaust going into water rather into the air. Ms.Parker encouraged the Board to approve the Special Permit. Mayor Elliott reminded everyone that the marina must remain empty until the Offering Plan is approved by the NYS Attorney General s office which, in turn, depends upon the Special Permit approval. He favors the new access to the pump out station which is in everyone s best interest.
a) On a motion by Trustee Wiegman, seconded by Trustee Grant, the following resolution was unanimously adopted by the Board of Trustees of the Village of Croton-on-Hudson , New York:
WHEREAS, Patrolman Richard Corvinus applied for a grant under the COPS Universal Hiring Program, which provides for monies to be utilized to expand the Police Department and emphasizes community policing; and
WHEREAS, the Village was successful and was awarded the highest amount possible to cover two additional police officer positions for the next three years;
NOW, THEREFORE BE IT RESOLVED: that Daria E. Naito of Scenic Drive, Croton-on-Hudson, is hereby appointed as Police Officer, as a salary of $32,000., effective April 1, 2002.
b) On a motion by 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 by the following vote: Mayor Elliott, Trustees Grant, Wiegman and Harkins Aye; Trustee McCarthy Abstain. (Trustee McCarthy stated she had recused herself from all actions with regard to this application as the applicant had been a client of the firm for which she works.)
WHEREAS, the Village Board wishes to consider the environmental impacts of issuing a special permit to Steel Style Development Corporation in connection with changes to be made to the Half Moon Bay Marina; and
WHEREAS, a Full Environmental Assessment form has been prepared by Steel Style Development Corporation; and
WHEREAS, at the March 4, 2002 Village Board Meeting the Board of Trustees declared itself as lead agency for this action,
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.
c) On a motion by Trustee Wiegman, seconded by Trustee Grant, the following resolution was unanimously adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York:
WHEREAS, on February 19, 2002, the Village Board of Trustees called for a Public Hearing to discuss Local Law Introductory #1 of 2002, a local law amending the definition of building; and
WHEREAS, after discussion with the Village Attorney, the entire wording and section to be modified of this local law has changed; and
WHEREAS, the Village Board would now like to consider Local Law Introductory #1 of 2002, a local law amending Section 230-68 D(4) of the Village Code,
NOW THEREFORE BE IT RESOLVED: that the Public Hearing called for on April 1, 2002 is hereby cancelled; and
BE IT FURTHER RESOLVED that the Village Board of Trustees hereby calls for a Public Hearing on April 22, 2002 to consider Local Law Introductory #1 of 2002.
d) On a motion by 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 by a unanimous vote:
WHEREAS, the Village has been working with the Northern Tier Coalition and the Westchester County Department of Environmental Facilities to locate a transfer station for both recyclables and organic solid waste for several years; and
WHEREAS, the Town of Cortlandt is agreeable to the use of a site at Roa Hook which is in a commercial area and currently being rented by the Town; and
WHEREAS, the Westchester County Department of Environmental Facilities has agreed to construct the site to include the necessary scales, building, tipping floor and other components; and
WHEREAS, this represents an outstanding example of intergovernmental cooperation to save taxes with such a consolidated operation; and
WHEREAS, it is now necessary to enter into an intermunicipal agreement with respect to issues of compensation to the Town and other operational concerns;
NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the Intermunicipal Agreement with the Town of Cortlandt as the Host Community with respect to the Transfer Station at Roa Hook Road.
Discussion: Trustee McCarthy said that it seems unfair since we are part of the town that we pay the same amount as Yorktown or Ossining. Manager Herbek said for all intents, given the small amount of Town tax the Village residents pay, we are an independent governmental unit. He said we have already started taking our recyclables to Roa Hook but not our yard waste yet. The organic waste part of the agreement will probably not start for 60 days. Trustee Harkins asked what the $500/month is for. Manager Herbek said this is to cover the acquisition and lease of the property over the next 5 years.
e) On a motion by Trustee Wiegman, seconded by Trustee McCarthy, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York by a unanimous vote:
NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the 2002-2003 snow and ice agreement with the New York State Department of Transportation
f) On the motion of Trustee Grant, seconded by Trustee McCarthy, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York by a unanimous vote:
WHEREAS, the Village Board has long been concerned about the speeding reported by Croton residents on Village streets; and
WHEREAS, the Village Police Chief has obtained a mechanical speed monitoring enunciator and trailer to help motorists become aware of their speed in an effort to seek compliance with the Village s speed ordinances,
NOW THEREFORE BE IT RESOLVED: that the Village Police Chief is hereby authorized to order said equipment.
NOW THEREFORE BE IT FURTHER RESOLVED: that the Village Treasurer amends the following account to fund this equipment:
Increase 001-3120.0200 by $ 10,835.00 ( Police Equipment )
Decrease 001-1990.0400 by $ 10,835.00 ( Contingent )
Discussion: Trustee Grant asked if this will replace the one we have borrowed so now we will have our own to which Manager Herbek said yes. Trustee Harkins asked if it had data gathering capability. Mr. Herbek will find out. Mr. Herbek replied affirmatively to Trustee Grant s question on whether this is a new, not used, trailer.
g) On the motion of Trustee Grant, seconded by Trustee McCarthy, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York by a unanimous vote:
WHEREAS, a total of $ 1,858.03 has been received from a claimant for reimbursement of damage to Village property; and
WHEREAS, the insurance recovery will be used to reimburse the General fund; and
WHEREAS, The Treasurer wishes to open both sides of the General Fund budget to cover the repairs caused by the accident, amending the 2001-2002 General Fund budget effecting the following accounts; and
Increase 1-5650.0420. by $ 1,858.03 ( Parking Lot Sign Repairs )
Increase 1-0001.2680 by $ 1,858.03 ( Insurance Recoveries )
NOW THEREFORE BE IT RESOLVED that the Village Treasurer amend the 2001 -2002 General Fund budget to reflect these changes.
h) On the 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 by a unanimous vote:
WHEREAS, the Village Superintendent of Public Works has requested the following appropriations to be amended, and the Treasurer recommends the following modifications:
Increase 1640.421 by $ 2,000.00 ( Vehicle Supplies )
Decrease 5110.421 by $ 2,000.00 ( Vehicle Supplies )
NOW THEREFORE BE IT RESOLVED that the Village Treasurer amend the 2001 - 2002 General Fund budget to reflect these changes.
NOTE: The following resolutions were added to the Agenda:
i) 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: Mayor Elliott, Trustees Grant, Harkins, Wiegman “Aye”, Trustee McCarthy “Abstain.” (Trustee McCarthy restated her reasons for her recusal from this application as in Resolution 6.b. above.)
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 which changes were more specifically described in a letter dated January 30, 2002 addressed to Mayor Robert W. Elliott on behalf of Steel Style Development Corporation, the owner of 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, this matter was referred to the Planning Board, Waterfront Advisory Board, Water Control Commission, and the Westchester County Planning Board; and
WHEREAS, a Public Hearing was held on March 4, 2002;
NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby issues a special permit to Steel Style Corporation for its requested changes to the Half Moon Bay Marina subject to the following conditions:
1. All conditions from previously issued permits still apply.
2. The total count of boat slips will not exceed 300 for phases 1 and 2.
3. The pump-out facility will be open to the public to be accessed outside the marina to the north by means of a newly installed floating dock.
4. The dock will house the Village fireboat on the outboard side of the service dock. The fireboat will be protected by mooring equipment to be installed in and on the dock at no cost to the Village. If it is determined that the fireboat is not adequately protected a new arrangement satisfactory to the village will be worked out.
5. No vessel will be allowed to dock, moor, or utilize the pump-out dock for more than two continuous hours or overnight.
6. The proposed personal watercraft floats will be restricted to one place. This place will be determined in the site plan. The total number of personal watercraft floats will be restricted to 15. Operation of personal watercraft vessels is restricted and limited to non-commercial personal use and may not be rented or leased for hire.
7. All personal water craft or jet skis must be at its lowest throttle within 500 feet from any shore line located within the Village of Croton-on-Hudson.
8. Site Plan approval from the Planning Board.
Discussion: Mayor Elliott recognized Mr. Plotkin from HMB Marina and members of the HMB Homeowners Association (HOA) who were in attendance for the Special Permit for the marina. Mr. Plotkin asked how soon he could start construction; he needs to start this week because of the season. Darryl Walsh, President HOA, said they have arrived at an agreement tonight and wants the agreement added as an addendum to the special permit. Manager Herbek stated it may not be possible because it may cover issues that are not the purview of the Village. Attorney Waldman stated that there are three (3) separate documents of relevance, the Special Permit, the Site Plan and HOA agreement. Trustee Harkins asked for clarification on the 300 cap on the total number of slips.
Manager Herbek raised whether condition number seven (7) can be imposed on the HMB Marina as a special permit condition. Mayor Elliott stated that the Village should pass a local law governing our entire waterfront in this manner. Attorney Waldman said this condition would apply only to watercraft owners who come from HMB marina.
In answer to Mr. Plotkin s question on whether he could start construction, it was reiterated that Site Plan Approval is still required. The Planning Board is scheduled to meet on March 26, 2002. Agreement was reached that their equipment could be staged but all new construction requires an approval. Mr. Plotkin said this would be at his own risk.
j) On the motion of Trustee Harkins, seconded by Trustee McCarthy, the following resolution was submitted and discussed by the Village Board of Trustees of Croton-on-Hudson, New York: (Note: No action was taken on this resolution.)
WHEREAS, the Village of Croton wishes to encourage and increase opportunities for political participation by Village residents as either Trustee and or Mayor,
NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Croton-on-Hudson, New York, hereby calls a Public Hearing on May 6, 2002 to discuss Local Law Introductory No. 3 of 2002 amending the number of consecutive terms that elected officials may serve as either Trustee or Mayor. This local law is to be enacted by a majority vote on a referendum at the Village s general election in 2003.
NOW, THEREFORE BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Croton-on-Hudson, New York, hereby instructs the Village Attorney to review and organize the proposed law in the final form required for legislative submission to the Secretary of State and dissemination for public hearing.
Discussion: Trustee Harkins provided a draft copy of a local law. He stated that this proposed law is not directed at currently serving trustees or the Mayor. He feels many people would be interested in serving but are not comfortable challenging long-term incumbents. A referendum on this law would give the public an opportunity to decide whether they are interested in term limits. Let the people decide. Trustee Wiegman said that this is an admirable goal but there are many ways to set rules for electoral participation. In the Village s last four (4) elections there has been at least one open seat each time. He doesn t think there is a problem with people not being willing to run and does not feel it is likely to do anything to improve our system.
Briarcliff and Scarsdale have turnout rates 80-85 percent lower than ours. We already have contested races. He pointed out that the judgeship position is not on the list of term limits position in the proposed law. Trustee McCarthy said she supports the proposal. She stated the Judiciary is a different branch of government and it is really not a political position, to which Trustee Wiegman replied that it is still an elected position in the Village. Trustee Grant said she loves being a Trustee and wants to serve until they “carry her out”. She does not recall people pounding on the door to run it is always difficult to recruit candidates so doesn t seem like there are people who wish to be candidates who are being turned away. There is also the possibility of running on a third party. Also, maybe should consider changing the length of time of each term 3 to 4 years to let new Trustees learn the intricacies of
village government before facing reelection. This proposal needs a lot more discussion. Mayor Elliott said it is hard to get candidates incivility in elections has been a problem. Mayor Elliott also said that under NYS Law such a referendum is not allowed, and if we were to hold such a referendum, we would be liable for spending public funds on this matter. Referendums are specifically authorized only for specific projects. Other matters not covered under state law can not be the subject of a referendum. Attorney Waldman said referendums are specific and subject-related; he will research it. Trustee Harkins asked if the Board would agree to take action on this in a specific time-frame. Trustee Wiegman said he would be willing only to continue looking at this issue. Trustee Grant said term limits are achieved effectively through participation in elections. The Board asked Attorney Waldman to investigate further whether
this matter is subject to a referendum.
k) Resolution by Trustee Harkins to change the general Village Election Date
to the third Tuesday in May was not moved and was withdrawn.
Discussion: There was discussion of when the best date for a local village election would be, the considerations of moving it too close to School Board elections and whether it would improve a Trustee s ability to deal with budget issues in their first term.
l) On the motion of Trustee Harkins, seconded by Trustee Grant, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York.
WHEREAS, the New York State Legislature, in 1996, amended Section 467 of the Real Property Tax Law to authorize, by local law or resolution, the deduction of all medical and prescription drug expenses which are not reimbursed or paid by insurance and all veterans disability compensation payments from the income qualification calculation for partial tax exemption for real property of senior citizens; and
WHEREAS, the Village Board of Trustee s wishes to implement these deductions for the benefit of senior citizens and veterans with the passing of a local law.
Now, THEREFORE BE IT RESOLVED, that the Village Board of Trustee s hereby calls a Public Hearing on April 22nd, 2002 to discuss Local Law Introductory No. 2 of 2002 amending Chapter 204-15 of the code of the Village of Croton-on-Hudson, entitled “Exemption granted.”
Discussion: Trustee Harkins thanked resident Robert Scott who brought this information forward to the Village Board - a valuable opportunity for our seniors.
m) On the motion of Trustee Harkins, seconded by Trustee McCarthy, the following resolution was denied by the Board of Trustees of the Village of Croton-on-Hudson, New York on the following vote: Trustees Harkins and McCarthy aye, Mayor Elliott, Trustees Grant and Wiegman nay.
WHEREAS, the Village of Croton wishes to establish a community center for Croton residents. Some of these proposed uses for such a community center would include but are not limited to:
1. Large meeting and multipurpose space in support of requirements of Seniors and the Teen Council as well as large public meetings and forums for issues such as; Indian Point, Millennium Pipeline, Skatepark Facility, etc.
2. Croton Council on the Arts a space for exhibition as well as a gallery to display the works of our talented artistic community.
3. Croton Historical Society Providing additional space required and thereby freeing up space in the municipal building for Village administration needs.
4. Recreational facility space