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April 22, 2002 Regular Board Meeting
A regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, April 22, 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
           Treasurer Reardon                   Trustee Wiegman

        Trustee McCarthy arrived at 9:07 p.m.

1. CALL TO ORDER:

    Mayor Elliott called the meeting to order at 8:10 p.m.  Everyone joined in the Pledge of Allegiance.

2. APPROVAL OF MINUTES:
    
Trustee Grant made a motion to approve the minutes of the Annual Organizational  Meeting held on April 1, 2002.  Trustee Wiegman seconded the motion. There were no corrections.  The minutes were approved by a unanimous vote of those present (4-0).

Trustee Wiegman made a motion to approve the minutes of the Regular Board Meeting held on April 1, 2002 as corrected.  Trustee Grant seconded the motion.  The minutes were approved by a unanimous vote of those present (4-0).


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 Schmidt and approved unanimously by those present (4-0).

       General Fund            $    158,736.09  
        Water Fund                        9,234.18
       Capital Acct.                        225.00
       Trust & Agency                    2,565.00
                                $    170,760.27

4.  PUBLIC HEARINGS:
        a.  Local Law Introductory No. 1 of 2002, a local law requiring site plans to show
                 tents, ramada structures and similar structures or facilities.
1.  Resolution adopting the negative declaration with respect to this local
     law.

        Discussion:  Maria Cudequest, 84 Grand St., inquired if the law applied to home
        tents or canopies.  Attorney Waldman said it only applied to situations where site      plans are required.


        On motion of  TRUSTEE Wiegman,  seconded by  TRUSTEE Schmidt,  the  
        following resolution was adopted by the Board of Trustees of the Village of     Croton-on-Hudson, New York by a unanimous vote of those present( 4-0):  

WHEREAS, the Planning Board has requested an amendment to the zoning code       which would give them more control during the site plan process; and

WHEREAS, a Local Law amending section 230-68(D4) of the Village Code has        been prepared and the Village Board is considering its approval; and

WHEREAS, this local law will require site plans to show tents, ramada structures        and similar structures or facilities; and

WHEREAS, in accordance with 6 NYCRR Part 617.6, the Village Board is the        only agency required to approve the proposed action; and

WHEREAS, the Village Board has determined that this is an unlisted action,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees        declares itself to be the Lead Agency with respect to this action; accepts the Short    Environmental Assessment Form and approves the attached Negative Declaration.


        On motion of TRUSTEE Grant, seconded by TRUSTEE Wiegman, the following
        Local Law was adopted by the Board of Trustees of the Village of Croton-on-     Hudson, New York by a unanimous vote of those present (4-0):


        Village of Croton-on-Hudson

        Local Law Introductory No.  1 of the year 2002

           A local law amending Section 230-68 D(4) of the Village Code requiring site plans to show tents, ramada structures and similar structures or facilities.

        Be it enacted by the Board of Trustees of the Village of Croton-on-Hudson as                    follows:

        Section 1. Section 230-68 D(4) of the Village Code is hereby amended by adding          new sub-paragraph (j), reading as follows:
       (j)  The location, either existing or proposed, of tents, ramada structures, inflatable structures and similar structures or            facilities, which are erected or intended to be erected for more than thirty (30) days within any one-year period, all of       which are deemed structures or facilities that must be shown on any required site plan.

        Section 2. This Local Law shall be effective upon filing in the office of the Secretary of State.


        b. Local Law Introductory No. 2 of 2002, a local law amending Chapter 204,  
      Article II, Senior Citizens Tax Exemption.

        By motion of TRUSTEE Schmidt, seconded by TRUSTEE Grant, the following  Local Law was adopted by the Board of Trustees of the Village of Croton-on-     Hudson, New York, by a unanimous vote of those present (4-0):

                Village of Croton-on-Hudson

                Local Law Introductory No. 2 of the year 2002

        A local law to amend Chapter 204, Article II of the code of the Village of Croton-      on-Hudson, entitled “Senior Citizens Tax Exemption” by providing an option for  the deduction of veterans disability compensation payments in determining the   senior citizens income calculation.

        Be it enacted by the Board of Trustees of the
        Village of Croton-on-Hudson as follows:

        Section 1.  Section 204-15 of the code of the Village of Croton-on-Hudson, entitled “Exemption granted” is hereby amended to read as follows:

The second sentence shall read:

“Such exemption shall be computed after all other partial exemptions allowed by law have been subtracted from the total amount assessed to include;     1.) all         medical and prescription drug expenses which are not reimbursed or paid by insurance
     2.) all veterans disability compensation payments.


              Section 2.  This local law shall take effect on January 1, 2003.



5. CORRESPONDENCE:

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

a. Norma Goldstein, 6 Kuney Street, re: repair of road in front of driveway.
   Ms. Goldstein feels that the Village should be doing repair work and repaving on           
    the part of her driveway that goes over the Village right-of-way on Kuney St.
    Village Manager Herbek would like to show Trustees the situation before deciding
    what to do about this situation.  Mayor Elliott said he would like to find a solution.  
    Manager Herbek said that Village had allowed the driveway to be built over the        
    right-of-way.
b. Wayne Spector, Sweeney, Cohn, Stahl & Vaccaro, re: Murray application for
     Special Hardship and Mixed Use Permit
    Manager Herbek said this letter was informing the Village Board of the applicants
     agreement to extend the time for Planning Board review of the requested Special
     Permit applications until May 15, 2002.
c. Ann Gallelli, Planning Board, re: Malom/Murray Application
   The Planning Board proposes to serve as the Lead Agency for this application.  
    The FEAS is attached.  Manager Herbek stated that the Planning Board is the  
    logical board to act as Lead Agency for this application as they will be doing most   
    of the review.
d. Gennaro Faiello, Town Administrator, Town of New Castle, re: Millennium   
    Pipeline.
   Manager Herbek stated that April 29, 2002 is the date for FERC to make a ruling on
    the petition for a rehearing of their decision.  New Castle does not want to commit   
    to shared funding of further legal steps until the decision by FERC is made on the  
    rehearing.
e. Michael Blau, Village Manager, Village of Briarcliff Manor, re: Millennium
    Pipeline.
   Briarcliff Manor is agreeable to sharing the costs for the coordination of efforts
    between the two legal firms of Kirkland and Ellis and Sive Paget and Riesel for the  
    appeal of the FERC decision on the proposed Millennium Pipeline.  The letter
    included a resolution by the Briarcliff Manor Board that stated this contribution    
    would be dependent upon agreement by at least two of the other three communities
    involved.
f. Maria Modica-Snow, re: Reynolds property on 8 Van Wyck Street.
Mayor Elliott explained that this letter had been left out of the Trustees packet.  Manager Herbek explained that Ms. Modica-Snow, acting as Attorney in the sale of the Reynolds house, has discovered that a survey shows that all but the top steps and retaining wall are on Village property.  She is asking for a letter saying that these steps and wall may remain and be maintained by the property owner as long as the house exists.
   Discussion:  Attorney Waldman had prepared a Declaration of Easement for
    consideration by the Trustees.  This grants an easement to the owners allowing the
    encroachment to remain and be maintained by the owners. It also includes an
    acknowledgement that this is Village property.  Mayor Elliott commented on the
    history of this house.  He was told in the past that this house might have been a
    stable at one point. Trustee Wiegman made a motion that this Easement be
    approved, with details to be negotiated by Attorney Waldman.  The motion was   
    seconded by Trustee Schmidt and adopted unanimously by those present (4-0).
g. Stephen Reid, Environmental & Turf Services, 1999 Annual Report  Hudson
    National Golf Club.
   Manager Herbek stated that a copy of the full report is available in the Village  
    Managers office.  Mr. Reid apologized for delay but all testing and related reports    
    are provided on time.  This is a summary report.  The 2000/2001 report is due to be
    completed shortly.
h. Karen Jescavage-Bernard, Pres., Arboretum, reducing water supply due to drought
    conditions.
   Manage Herbek stated that this letter had just arrived today so it wasnt included in
    the Trustees packet.  The Arboretum Board proposes to reduce the flow from
    Hudson National Golf Course by 15% in accordance with the recommended County
    drought emergency guidelines.
   Discussion:  Attorney Waldman said that since the water supply agreement is
    between the Village and the golf course, a motion of approval would be in order.  
    Trustee Wiegman moved that the Village Board approve the reduction of flow from
    32 gpm by 15% - a reduction of 4.8 gpm.  Trustee Grant seconded the motion.  
    Trustee Schmidt asked whether this water would be reduced from the flow from the
    village water supply versus golf course wells.  All agreed there should be further
    discussion in the future of water supply sources to meet  the 32 gpm requirement.   
    The  motion was approved by a unanimous vote of all present (4-0).


6. CITIZEN PARTICIPATION:
Maria Cudequest, 84 Grand Street.  Ms Cudequest said that during the March election, both parties asked for professional monitors for ME. She referenced a 4/4/02 Journal News article on Mt. Kiscos hiring of monitor.  Mt. Kisco successfully sued Allied, and has chosen a monitor at $45,500/annually.  Random testing(sampling) of incoming materials will be primarily done by DEC monitor not the Mt. Kisco monitor. She didnt know that the DEC did this and has asked for copies of sampling done at Metro Enviro over the last 4 years.  She hopes the Village will touch base with Mt. Kisco to share info. She clarified some misinformation at the last Village Board meeting in which Metro Enviro was characterized as a recycling facility  It is not a recycling facility. She also stated that the Ohio community, where Metro Enviro materials end up, does not want it but didnt know where it came from  they do now.   She feels that Croton is responsible for exporting environmental misery to a small rural community. She applauded Joseph Bencivenga for his efforts with regard to air quality and noise from the railroad station.  Ms. Cudequest also suggested that the Village get in touch with the group mentioned in todays Journal News who are concerned with air quality. She also stated that BFI, part of the Allied conglomerate in Los Angeles, is part of an FBI investigation in that state. She provided a packet of material for the Trustees.

Mary Fagan  163 Old Post Road North, said the bad odor returned in her area last Wed/Thurs nights (when the temperature soared). Is this causing a health problem?  Is the solution the Village proposed the right solution?  Ms. Fagan spoke to Ken Kraft about it.  Trustee Grant said that Mr. Kraft told her his department was replacing the bioxide which had run out.  There is currently only a temporary hookup for it.  Next years Capital budget includes money for the permanent hardware.  Ms. Fagan feels it just masks the smell. Mayor Elliott   said it neutralizes it, but if the bioxide runs out, the smell returns.  Manager Herbek said he has checked with the Health Dept. and has been assured that there is no health problem.

Mr. Andrew Fitch, a non-resident Senior Citizen;  Mr. Fitch said that the fee schedule at the boat basin for the moorings is, in one respect, unfair.  He agrees there should be a disparity between resident/nonresident fees.  A Croton Sr. pays $185 for a small boat fee, he has to pay $500  this disparity is too great.  Manager Herbek said the Village has been guided by the Recreation Advisory Committee (RAC) as to whether there should be a Senior discount for non-residents, and has been advised not to do so. Manger Herbek suggested that Trustee Schmidt, as liaison to the RAC, take it back further amplification/discussion.  Trustee Schmidt said he feels that the Board needs to come up with guidelines to govern all these exceptional situations which keep coming up.  Mr. Fitch suggested that all non-residents pay double of residents (no difference for Seniors).

Dimitra Seckres  one year Croton resident.  She said she wants the composting back  it was a consideration in her move here.  Please bring it back in time for this falls leaves.  Trustee Schmidt said the Village also needs to encourage residents to do their own composting at home.  Trustee Grant supported home composting but has received complaints from residents about unsightliness  maybe we need some regulations for this.  Ms. Seckres suggested a minor tax break for those who do it.

Trustee McCarthy arrived at this point in the meeting.

7. RESOLUTIONS:
        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, the Village staff has been meeting with the firm of Kellard    Engineering with regard to two water facility improvement projects; and

WHEREAS, these projects include the replacement of water service connections    at Harmon section of the Village and Riverview Trail and modification to the
water system connections at Wood Road and Gerstein Street; and

WHEREAS, Kellard Engineering has provided a proposal dated April 5, 2002 for    providing professional engineering services consisting of the design and bid    documents for the two projects; and

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby        authorized to sign the agreement with Kellard Engineering for $7,500 for design         and bid documents for the project at the Harmon section of the Village and
Riverview trail and for $6,500 for design and bid documents for the project at  
Wood Road and Gerstein Street.
 
Discussion: Trustee Grant asked how these two projects, 1) to replace valves and 2) to replace water mains, were chosen.  Manager Herbek said there is currently no way to valve off a water main break in these areas.  This requires the installation of valves.  The project includes replacement of  2 inch water mains  they are galvanized and the probable source of brown water problems; have been there since the turn of the century.  This project will begin the replacement of some of these in the Harmon section  the more problematic ones in the Water Dept. view.   Trustee McCarthy asked for a list of the ones being replaced.  Is this project consistent with the proposed allocation in the capital budget?  Manager Herbek said money had already been allocated for these two projects.  Not planning to borrow any money to do this.  Trustee McCarthy asked if there is enough information available to do more if we want to do it.  Manager Hebek said the work must be done on a phased basis because each residential connection to the new mains has to be dealt with  individual service lines have to be connected to the new mains. Trustee Schmidt said it could be an opportunity for some residents to upgrade their service line since hole would already be in the ground.  Regarding the overall time frame, Manager Herbek said the key is the design work  probably 90-120 days

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

WHEREAS, the Village Treasurer wishes to amend the Alarm Systems Law to         reflect new procedural changes in issuing alarm permits; and

WHEREAS, these changes consist of adding a landlord-tenant provision for        acknowledgment and a change in the renewal date; and

WHEREAS, these two changes will need to different effective dates and therefore         require two separate local laws,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees        hereby calls for a Public Hearing to consider Local Law Introductory No. 3 of   2002 on May 20, 2002,

AND BE IT FURTHER RESOLVED: that the Village Board of Trustees hereby   calls for a Public Hearing to consider Local Law Introductory No. 4 of 2002 on  May 20, 2002.

Discussion:Treasurer Reardon said the purpose of this law is for a landlord to acknowledge that if a tenant has alarm infractions with unpaid fines, the landlord accepts responsibility.  Trustee Schmidt suggested that the Village also notify the landlord if the tenant gets a fine.  Treasurer Reardon said he will incorporate this into the law. Trustee Schmidt also suggested the wording in the law should be changed to be gender-neutral. Trustee McCarthy asked if the fees are the same.  Mr. Reardon said they were.  Trustee McCarthy said she would abstain because she finds the alarm law the most abusive revenue-generating law. She has an alarm and doesnt think there should be a fee. (She later voted for scheduling of the Public Hearing.) Treasurer Reardon said this proposed amendment to the alarm law only ensures that landlords know if their tenants install an alarm. It changes nothing else in the law.  The current fee to get an Alarm Permit is $100 with a $25 annual renewal fee.  All property owners with an alarm need a permit.  

c.      On motion of  TRUSTEE Wiegman,  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 contract with the Croton Police Association is due to expire on    May 31, 2002 ; and

WHEREAS, the Village Manager and Village Treasurer have been negotiating        with the CPA for a successor contract; and

WHEREAS, the Village and the Croton Police Association have signed a    Memorandum of Agreement dated April 1, 2002 which has now been ratified by      the Croton Police Association

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby        authorized to sign a new contract with the Croton Police Association with the   relevant changes as contained in the Memorandum of Agreement dated April 1,     2002.
       
d.      On motion of  TRUSTEE Wiegman,  seconded by  TRUSTEE Schmidt,  
the following resolution, as amended, was adopted by the Board of Trustees of the
Village of Croton-on-Hudson, New York by a vote of 4-1, with Trustee McCarthy voting no:  

WHEREAS, the Village is experiencing a parking problem at the Croton    Commons Shopping Center, the Van Wyck Shopping Center and the small     shopping section directly across from Doms Service Station on Route 129; and

WHEREAS, the Village is interested in slowing traffic down along South  Riverside Avenue and one side of the street parking is one method of undertaking        traffic calming; and

WHEREAS, the Village has discussed a plan to allow parking on the west side of  South Riverside Avenue between Municipal Place and Route 129 with the   Chamber of Commerce and at several Village Board Work Sessions; and

WHEREAS, the Village Board is in favor of establishing parking along Riverside  Avenue to accomplish these goals,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby        authorized to publish Amendment # 4 of 2002 of the Traffic Rules and    Regulations to establish parking on South Riverside Avenue for a period of 2    hours or for a longer time with a special permit in accordance with the specific        provisions of the amendment.

          Discussion: Jim Anfiteatro from Doms Service Station spoke.  Mr. Anfiteatro said  there is no parking there now except between his two driveways on South Riverside where he parks his cars. Only he will be affected by this law.  If he cannot park there it will create problems for him.  Mayor Elliott explained that the purpose of this is to provide more parking in these areas for employees of area businesses and some customers.  This would free up spaces in the parking lots.  It also would slow down the traffic.  Mayor Elliott wants to try this for a few months to see if it helps.  Mr. Antifeatros employees would be able to park there with permits as well.  Asked whether Maple Street would be considered next, Mayor Elliott said the Village hasnt addressed that street yet; we will see how successful this is first.  Trustee Grant prefers only permit parking  not 2-hour parking. She wants a valuation at the end of the test period, a definite beginning and end to the test period.  Manager Herbek wants to make it effective upon the time the signs are installed. A discussion of the cost to print permits followed with a suggestion made that the Village might be able to print them themselves on a computer.  Road will be restriped.  Trustee Schmidt asked if spaces would be marked out.  The Trustees agreed to let Treasurer Reardon work out the details.  The resolution was amended to specify a 6 months period and to apply to permit-holders only.  Trustee Schmidt suggested that the parking hours should be 7am to 7pm to accommodate snow removal.  Trustee McCarthy is opposed to this plan as misdirected- should get business owners to do something to solve the problem. She feels it is aesthetically bad and unsafe.  She had proposed at a recent work session meeting that a buffer be there and possibly an island to beautify the area.  Employees should use spaces behind Croton Commons  there is sufficient space there in her opinion. Manager Herbek did not feel there were many spaces available there. The problem of commuters using the shopping center parking lots was also discussed.  Either the owner or the Village needs to manage this better.  Trustee Schmidt pointed out that people can get on the bus along Maple and ride to the station for no extra cost as it is part of the ticket price.


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

WHEREAS, the Village has received two grants, one from the New York State       Offices of Parks, Recreation, and Historic Preservation, and another from Hudson        River Foundation to help fund construction of a handicapped-accessible trail at         the Croton Waterfront; and

WHEREAS, six bids were received for this project with Acocella Contracting,     Inc. as the lowest bidder,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby        authorized to award the contract for the construction of the handicapped-       accessible trail to Acocella Contracting, Inc. for their bid price of $77,950.00

Discussion:  Trustee Wiegman asked if we have a location of exactly where the trail will be? Manager Herbek will make it available.  Trustee Schmidt asked why are we doing this without an overall plan for the property.  Mayor Elliott said that all plans call for trail through the property.  Trustee Schmidt asked if it is consistent with trails in Half Moon Bay and along the new proposed road along the waterfront.  Manager Herbek said the trail plans have all been participated in by our Trails Committee, the CAC, county planning, etc.  It will be for pedestrians and bicycles .

        f. On motion of  TRUSTEE Wiegman,  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, additional funds are needed to fund the well field improvements        which have exceeded the original scope of work by $ 138.08; and

        WHEREAS, funds to cover the additional cost exist in the Water Fund     Contingency account ( 1990.400 ); and

WHEREAS, The Treasurer wishes to move those funds to the Water Fund     Transfer to Capital account ( 002-9953-0900 ), and amend the 2001-2002 Capital  fund budget effecting the following accounts; and

Increase  3-8340.2081           by  $   138.08    ( Well Field Improvements )
Increase  3-0003.5031.2081  by  $   138.08    ( Well Field Improvements )

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

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

WHEREAS, over the years the Village of Croton on Hudson has entered into an     agreement with the SPCA of Westchester, Inc. to provide shelter services to the         Village on an annual basis; and

WHEREAS, it is now necessary for the Village to renew this agreement for the    next fiscal year commencing June 1, 2002;

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby        authorized to sign the agreement with the SPCA of Westchester, Inc., to provide         certain services to the Village for seized, stray and homeless dogs and cats in         accordance with the terms of the agreement at the annual cost of $5,093.04.

Discussion: Trustee Grant said we usually only take a few dogs/cats each year, but we are required to have this agreement.  Trustee Schmidt said they do provide a service for residents that want to get rid of an animal  can take it there for a fee.  We should put this information on our website.

h.      On motion of  TRUSTEE Wiegman, 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, the Village desires to pave various streets in the Village as well as  lay the surface for the Skate Board Facility; and

WHEREAS, the Village received four bids for this project; and

WHEREAS, Bilotta Construction Corporation submitted the lowest bid; and

WHEREAS, the Superintendent of Public Works recommends awarding the     contract to Bilotta Construction Corporation,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby        authorized to award the contract to Bilotta Construction Corporation for the    asphalt concrete in place project for their bid price of $63,670.00.

Discussion: Trustee Schmidt stated that his observation of the Town skateboard facility indicates they may not be enforcing the use of proper safety equipment.


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

WHEREAS, it has been determined that the Palmer Avenue sewers need      upgrading; and

WHEREAS, Dolph Rotfeld Engineering had been retained to design the      specifications for this project; and

WHEREAS, six bids were received and Bilotta Construction Corporation was the    low bidder; and

WHEREAS, Dolph Rotfeld Engineering recommends awarding the project to   Bilotta Construction,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby        authorized to award the contract with Bilotta Construction Corporation of       Harrison, NY for the Palmer Avenue Sewer Improvements for their bid price of    $129,767.80.

8. REPORTS:

Manager Herbek reported on the traffic monitoring along Benedict Blvd. It is apparent that we have an am/pm volume problem  not so much a speed problem.  He discussed signage possibilities with the Police Chief and the Superintendent of Public Works  dont believe that additional signs are in order at this time.  A four way stop at Hastings/Benedict was not endorsed by the Police Chief or the DPW Superintendent.  Can continue to do radar monitoring.  Accidents have not been a problem.  Trustee Schmidt said we might not be getting a true reflection of speed problem because parking a police car there causes altered behavior by drivers.  The Trustees asked that the police continue their monitoring of the situation.  Manager Herbek referred to an opinion received from the Municipal Law Resource Center about enforcing village laws on MTA property.  It basically says we cannot do it. Trustee McCarthy wants a letter to Senator Leibel and Assemblywoman Galef, explaining the problem and saying that we want to work with them on changing legislation that would enable us to deal with this situation.  Mayor Elliott said that we all want more power over these authorities  LWRP is one of the single tools that allows us some influence with state/federal agencies.  We can go ahead an send such a letter but it is unlikely to achieve much success in his opinion.  Trustee McCarthy said the Village should still consider going after individual employees on duty  this opinion from the Resource Center does not answer that question.  Mayor Elliott said that we should work with Metro North to handle their own employees and maintain a good working relationship with them.  Attorney Waldman sated that he doesnt think there is any ambiguity in the opinion.  If the Village wants o write, they have a very specific potential amendment, as narrowly drawn as possible, but success is still not a likely possibility.  Trustee Grant said that based on a meeting she attended today, Metro North is now disciplining employees who are not following their directives about noise.  Mayor Elliitt said that in the discussion today Metro North said they are not allowing any more diesels at the truing station  work on them will only be done inside.  Only electric trains will be at the truing station.  The hot line had 17 calls by 3 or 4 people so far.  Trustee Grant said people should call the hot line because has it records the time, name, offense, action taken, etc.  It provides a complete log to coordinate with the diesel engine logs.  Trustee Grant said she was encouraged by Metro Norths intentions to do the right thing.  Mayor Elliott said there are short term, medium and long term plans to mitigate the noise.  Trustee Schmidt said they shouldnt be allowed to create a diesel engine that is that loud.  There should be some apparatus to put on the engine to lessen the noise.  Mayor Elliott said they are working on that problem right now along with others.  Trustee McCarthy asked about sound barriers.  Mayor Elliott stated that they couldnt build a barrier high enough to help the uphill residents.   Trustee McCarthy wants to hire a consultant to help us develop a specific plan that should be sent to the state in an effort to effect some legislation.  Trustee Grant stated that many of these things will be helped as the plans for the renovations and improvements to the railroad yard move ahead and are completed.  Trustee Schmidt also said we should get on the state about this problem.  Mayor Elliott said we could run these efforts in parallel but need to pursue practical immediate solutions.  Manager Herbek suggested that the Village should focus on just the new 35 diesel trains that are much noisier than old ones.   Mr. Herbek reported that he had received the Kirkland and Ellis bill for February - $ 18,000.  $425,000 has been spent so far not including March.

Treasurer Reardon showed a new water meter reading device that transmits the readings from each meter to which it is attached. As the readers drive by they will be able to read the meter from their vehicles  a big savings in time and manpower.  It was suggested that people be notified that these devices will be installed.

Trustee Wiegman reported the Board of Education has formed a Sports Committee which will look at their sports fields to help coordinate their use with village recreational needs. He will liase with this committee.  Today is Earth Day.  Described a technique for saving water in toilet tanks which can save 1000 gallons in a two-toilet household.  There will be meeting on Indian Point event on April 24 with Assemblyman Brodsky on the preparedness plan.  On April 30 at the County Center there will be a decommissioning hearing.  Trustee McCarthy said she would like to get copies of the legislation being proposed by Legislator Kaplowitz for decommissioning Indian Point as well as the legislation being proposed by Legislator Ryan..

Trustee McCarthy reported a conversation with a resident, Ed Spector, regarding the Capital budget.  Mr. Spector proposed a financial think tank to work with the Treasurer to try to develop different ways to deal with future capital expenditures.  She thinks this is a good idea. Mayor Elliott said it could go on a work session agenda.  Trustee McCarthy asked if the Village has a report on Metro North diesel emissions.  Mayor Elliott said the Village has asked the DEC for their opinion; Metro North has said their engines are in compliance and will send us their documentation on that.  

Trustee Schmidt said he met with the Recreation Advisory Committee.  The Board needs to identify a general policy to guide the RAC in their fee assignment.  Rental of fields for a private soccer camp was discussed but it fell through.  Photo id system  where is this?  The RAC think the Village Board ended it.  Manager Herbek said it has not been stopped.  RAC wants it but they are uncertain where it stands.  A draft of the Recreation Needs Assessment study for the village has been received  he has it and they will be reviewing it.  Trustee Grant said it was appropriate for a preliminary draft of such a report be reviewed first by the responsible committee.

Trustee Grant asked for follow up on the green grocer coming to the old Grand Union area.  Manager Herbek said it is still on its way but probably wont happen until the Fall.  The water meter devices are great and cudos were due to Treasurer Reardon for a creative and innovative way to do business  will save many man hours.

Mayor Elliott appointed Mary Lambruschi as assistant historian.

Trustee McCarthy made a motion to adjourn. Trustee Wiegman seconded the motion and it was approved unanimously.  The meeting adjourned at    10:40 p.m.

Respectfully submitted,

Ann H. Gallelli, Secretary



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Village Clerk