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April 1, 2002 Regular Board Meeting
Regular Board Meeting
April 1, 2002
Page 1
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, April 1, 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  Schmidt
        Treasurer Reardon                       Trustee McCarthy
        Village Attorney Waldman                Trustee Wiegman

Following the Annual Organization Meeting, Mayor Elliott called the Regular Board Meeting to order at 8:15 p.m.


Trustee Grant made a motion to approve the minutes of the Regular Board Meeting held on March 18, 2002 as corrected.  Trustee Wiegman seconded the motion.  The Board voted as follows:  Trustees Grant, McCarthy & Wiegman and Mayor Elliott “aye”; Trustee Schmidt “abstain”.

Trustee Grant made a motion to approve the minutes of the Special Board Meeting held on March 18, 2002 as corrected.  Trustee Wiegman seconded the motion.  The Board voted as follows:  Trustees Grant, McCarthy & Wiegman and Mayor Elliott “aye”; Trustee Schmidt “abstain”.

Trustee Grant made a motion to approve the minutes of the Special Board Meeting held on March 18, 2002 to canvass and certify the results of the village election.  Trustee Wiegman seconded the motion.  The Board voted as follows:  Trustees Grant, McCarthy & Wiegman and Mayor Elliott “aye”; Trustee Schmidt “abstain”.


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                    $  20,497.55
                Water Fund         626.32                                       
                Capital Accounts        10,773.17
        Trust & Agency           6,860.00       
                        $  38,757.04

Village Manager Herbek read the following correspondence (full text available at the Village Office):
a)      A letter from Richard K. Bernard, VP & General Counsel, Metro-North Railroad in response to the communitys concerns over noise from the Harmon Rail Yard; they have established a “hot line” for Croton residents to call  914 271-1908.  Village Manager Herbek stated that he will post this on the government access channel and the Villages web page.  Several citizens were present at this meeting and asked to be heard.  Joe Bencivenga, 18 Devon Ave. Maria Cudequest, Bill Ryder, Arta Hunter all expressed their concerns.  Trustees McCarthy, Grant and Wiegman presented further questions about fines, possible reasons for increased noise and asked for a report to be presented by the next regular board meeting.
b)      A letter from Westchester County Andrew Spano, in response to a letter from Village Manager Herbek regarding Indian Point.  Village Manager Herbek added that he has scheduled a meeting with Chris Kaslow a week from today at 12 noon
c)      A letter from Peter Delohery, 95 Hastings Avenue, regarding a speeding problem in his neighborhood and asking for something to be done about it.  Trustee McCarthy asked that someone speak with Croton Dodge and ask them to not allow cars to test-drive on Hastings.  Trustee Wiegman suggested a pedestrian crossing sign be put up at Benedict and Hastings; Trustee Grant stated that she feels the Village has too many signs.  Village Manager Herbek will look into the matter and discuss it with the Police Chief.
d)      A letter from Susan Vierczhalek, Secretary, Croton Little League, announcing the annual opening day ceremonies scheduled for Saturday, April 13, 2002 and asking for permission to hold this event.  The Board unanimously agreed to the event, with the usual caveats.

        Don Daubney, Bungalow Road, stated that the traffic calming stop sign put up at Radner and Emerson about a year ago has worked.  Mr. Daubney also asked about cars parking in a no-parking area by Doms Service Station and that there is too much in and out foot traffic; cars have to swerve to miss opened car doors; there has been no parking for 30 years in that area.  Mr. Daubney, as president of the Lions Club, thanked the Village for the new trailer to replace the old trailer; with permission, they will remove some of the compost in order to put in some plantings.

        Doris Daubney, Bungalow Road, stated that parking regulations should be discussed; she has emailed all Board members information about two dangerous situations she encountered not very long ago; there soon will be a skateboard park, there is a diner, Croton Commons, and access to the railroad station all in one area and believes provisions should be made to improve the road conditions.  Ms. Daubney stated also that about a year ago, several trees were cut down at the Duck Pond and asked if the forsythia has been planted yet.  Village Manager Herbek replied that he would check.

        Ms. Halpern spoke about the Countys evacuation plan; her group has asked County Executive Spano to attend a meeting; they wrote a letter to papers regarding the plan and how it related to children; Legislators Kaplowitz and Wishnie were at a February meeting and a resolution is being prepared by Michael Kaplowitz to decommission Indian Point.  Ms. Halpern asked the Board to pass a resolution in support of the Kaplowitz resolution and pass along this information.  Mayor Elliott replied that he has been working along these lines together with the Riverkeeper and Mr. Brodsky.  Trustee McCarthy suggested Legislator Kaplowitz be asked to attend the monthly Municipal Officers Organization dinner to explain his proposal and this may be a good opportunity to talk to elected officials who have not taken a position on the Indian Point issue.

        Gary Shaw, Van Cortlandt Place, suggested the Board consider a resolution of “no confidence” of the evacuation plan until the plan is proved accurate and take the approach of casualty estimates.

        Maria Cudequest, 84 Grand Street, gave the Board members a packet of documents and maps regarding Allied Waste transfer station in Linden, NJ; she asked the Board to read these and familiarize itself of the financial arrangements, tipping fees of a Transfer station; she has questions regarding Metro Enviro and the common denominators between two similar companies lease arrangements.  Ms. Cudequest stated that Allied Waste throughout the country has repeatedly been charged with substantial fines and penalties; the Board should rethink its position and these transfer stations require enormous amount of due diligence. Ms. Cudequest cited a recent newspaper article about trucking of nuclear waste through local streets in Croton and Westchester either over to the Conrail yards in Croton or over the Tappan Zee Bridge.   Ms. Cudequest urged the Board to take a stand to protect the Village.  She added that Concerned Citizens of Croton can be emailed for copies of this information and maps.


a.      On motion of TRUSTEE Grant, seconded by TRUSTEE McCarthy, the following resolution was unanimously adopted 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, 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 on March 4, 2002 approved a further extension of the special permit until the end of the day on April 1, 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 June 10, 2002, with, however, the following modification:  Paragraph 23 of the special use permit is modified to read as follows:
23. The site shall not be used as a storage facility for vehicles, containers, or other equipment not associated with or related to the activities and operations at the site under this permit.
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 June 10, 2002.

Discussion:  Village Attorney Waldman stated that two reports are in preparation or submission to the Courts: #1 is undergoing final revision by the monitor and should be filed with the court in a week or so; this will trigger a 10 day period that Allied has to respond; #2 is still being worked on by the monitor, a draft has been circulated to interested parties, responses not expected back until the 3rd week of April and the filing is not expected until the end of April, beginning of May; it is not likely to become a public document until latter part of May.

David Steinmetz, Attorney for MetroEnviro, clarifying a prior statement, stated that the total number of trucks, 2000 vs. 2001  in the year 2000, there were 20,181 trucks and in 2001, 19,455 arrived at the facility.  Mr. Steinmetz, regarding the bond, stated that he had nothing in writing but the bond is in effect now and has been paid for in full. Mr. Steinmetz added that the Order of Consent has been fully signed by all parties; the $10,000 penalty has been paid and written confirmation has been sent to the Village. Mr. Steinmetz added that there were 135 various containers stored at the facility in February and as of April 1st,  27 pieces of equipment, all covered, remain.  Mr. Steinmetz asked that the Board consider permitting this degree of outside storage on this property and also that the extension of the special permit run until the beginning of June.  Trustee Grant stated that her concern is that the facility looks and stays within the guidelines of the permit; it is a transfer station, not a dump, so to store unrelated equipment is not within the bounds of the permit; the site plan approval indicated  7 storage containers sketched in, but at that time the focus was on the number of trucks, not storage containers; however, containers not directly connected with that facility should not be stored there.  Trustee McCarthy stated that she is increasingly concerned about Mr. Steinmetzs reference that his client purchased the facility with the intent of using the entire 10 acres; she added that when Mr. Steinmetz first appeared before the Board in 1998, he was representing a different client who gave the Board of Trustees and the Planning Board the impression that they were going to conduct a certain type of operation; that client sold that operation to Allied and their expectations are not binding by this Board.  In response to comments from Trustee Grant that it seemed obvious that the majority of the trucks coming to Metro Enviro were coming either from Route 9 or Route 129, Trustee McCarthy added that she has no idea where the trucks are coming from and what streets they travel; she has been attempting to get a traffic study; her recommendation regarding storing material is that she would pass it as stated in the resolution.  Trustee Wiegman asked about the percentage of the site that is contained by a fence and asked if he felt the number of containers is low or high.  Mr. Steinmetz noted the fenced area on the displayed map and stated that the number of containers went through a seasonal fluctuation.  Trustee Schmidt stated that his major concerns are noise and air pollution and that diesel fuel operates the same at the MetroNorth engines.  Trustee McCarthy, referencing the compactor containers, stated that nothing related to commercial waste was to go on that site and may draw undesirable vermin at the site and standing water is a West Nile related disease problem in Westchester County.  Trustee McCarthy asked that Village Attorney Waldman find out who owns Greentree now and also if any entities that were denied a license by Westchester County have a relationship with Allied.  Mr. Steinmetz replied that he will try to get the answers to these questions.

b.      On motion of Trustee Wiegman, seconded by Trustee Schmidt, the following resolution was adopted with unanimous approval by the Board of Trustees of the Village of Croton-on-Hudson, New York:

NOW, THEREFORE BE IT RESOLVED:  that the Village Manager is hereby authorized to sign the Intermunicipal agreement with Westchester County for police instructors.

c.      On motion of TRUSTEE WEIGMAN, seconded by TRUSTEE GRANT, unanimous approval, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York

WHEREAS, a total of $ 5,465.00 is needed to fund the additional equipment needed by the Village Justice Court computer system; and

WHEREAS, the Village Justice Court has exceeded its revenue collection budget to an extent that will enable the Village to fund this equipment; and

WHEREAS, The Treasurer wishes to open both sides of the General Fund budget to cover the new system, amending the 2001-2002 General Fund budget effecting the following accounts; and

Increase  1-1110.0200   by  $  5,465.00   ( Equipment )
Increase  1-0001.2610   by  $  5,465.00   ( Fines )

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 McCarthy, the following resolution was unanimously adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York:

        WHEREAS, the Village Treasurer has reviewed the 10 month year to date expenditures for each department and recommends the following modifications:

        1.      Increase 1460.100 by            $ 2,000.00      (Personnel Expense)
        2.      Increase 1930.400 by    $        674.00 (Contractual Expense)
        3.      Increase 3310.100 by    $12,000.00      (Personnel Expense)
        4.      Increase 3410.431 by    $ 8,000.00      (Contractual Expense)
        5.      Increase 5183.110 by    $32,000.00      (Personnel Expense)
        6.      Increase 8090.100 by    $40,000.00      (Personnel Expense)
        7.      Increase 8120.100 by    $ 8,000.00      (Personnel Expense)
        8.      Increase 8140.100 by    $ 2,000.00      (Personnel Expense)
        9.      Increase 8160.100 by    $20,000.00      (Personnel Expense)
        10.     Increase 8560.100 by    $25,000.00      (Personnel Expense)
        11.     Increase 9050.800 by    $        500.00 (Unemployment Insurance)
        12.     Decrease 1960.404 by    $ 3,174.00      (Refunds on Real Property)
        13.     Decrease 5510.100 by    $147,000.00     (Personnel Expense)

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

7.      REPORTS:
        Village Manager Herbek reported that Westchester County has declared a drought emergency and he has a meeting scheduled on Wednesday to further discuss the water restrictions.  Village Manager Herbek reported that the meeting scheduled on Thursday regarding Indian Point has been cancelled.  Village Manager Herbek reported that there is a new owner of the previous Elmer Suds restaurant and will now be called Justinthyme.  Village Manager Herbek stated that he would like to call for an Executive Session tonight on the issue of real estate.

        Trustee Wiegman reported that a very good energy fair was held in Croton recently.

        Trustee McCarthy reported that the proposed budget has been released and is available; there will be a Public Hearing on it on April 8th at 8 p.m. and she urged residents to participate.

        Trustee Grant reported that she will be asking to have put on the agenda of the next work session the matter of no smoking in playgrounds.

        Mayor Elliott congratulated Trustees McCarthy and Schmidt and welcomed Trustee Schmidt as a new member of the Board.

Trustee Wiegman made a motion to adjourn this meeting.  Trustee Schmidt seconded the motion; approved unanimously.  The meeting was adjourned at 11:35 p.m. to Executive Session to discuss a real estate matter.

Respectfully submitted,

Phyllis A. Bradbury, Secretary

Richard F. Herbek,
Village Clerk