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

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


Hours: Mon. - Fri., 8:30 am - 4 pm
 
June 10, 2002 Regular Board Meeting
A regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, June 10, 2002 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.

The following officials were present:

        Mayor Elliott                           Trustee Grant
        Treasurer Reardon                       Trustee Schmidt
           Village Manager Herbek              Trustee McCarthy
        Village Attorney Waldman                Trustee Wiegman
                                                

1. CALL TO ORDER:

    Mayor Elliott called the meeting to order at 8:07 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 May 20, 2002 as corrected.  Trustee Wiegman seconded the motion.  The minutes were approved unanimously.

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 McCarthy and approved unanimously.

Three groups of items were approved - previous fiscal year, new year items and Purchase Orders.

                        Prev. Fiscal Year       New Fiscal Year Purchase Orders
General Fund                39,274.85                     19,746.45                    2,175,386.18     
Water Fund                    1,613.78                       6,848.24                       225,820.08
Capital Acct                16,125.61                     33,437.99                         14,150.00   
Trust & Agency        6,676.34                       6,113. 83                          
Debt                                                                                                            286,861.87
                                  $   63,690.58                  $  66,146.06                $  2,702,218.13

4. PUBLIC HEARING:

a.      To discuss Local Law Introductory No. 5 of 2002, amending Section 227-17 Wetland and Watercourses, regarding filing and distribution of copies of applications and supporting documentation.

        Mayor Elliott opened the public hearing on Local Law Introductory No. 5.  As nobody rose to speak, the hearing was closed.  Trustee McCarthy asked if authority for the Village Engineer to waive the requirement for 7 copies should be included.  Attorney Waldman said it was the Water Control Commission that wanted the seven copies of the whole application and supporting documentation and that it therefore wouldnt be up to the Village Engineer.  On motion of Trustee McCarthy and seconded by Trustee Grant the following local law was adopted with unanimous vote.  After adoption it became Local Law No. 6 of 2002.
           NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing                                                                     41 STATE STREET, ALBANY, NY 12231



        Village of Croton-on-Hudson

        Local Law No.  6 of the year 2002

A local law amending Section 227-17, Wetlands and Watercourses, regarding filing and distribution of copies of applications and supporting documentation.


Be it enacted by the Board of Trustees of the

Village of Croton-on-Hudson as follows:


Section 1.      The first sentence of Section 227-17 of the Village Code is hereby amended to read as follows:

Seven (7) completed copies of the application, together with seven (7) copies of the supporting plans and documentation, including environmental clearance forms or environmental assessment forms, where necessary, shall be filed with the Village Engineer, who shall retain two (2) copies and forward five (5) copies to the Commission.

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

5. CORRESPONDENCE:
a.  Andrew Spano, Westchester County Executive, re: Potassium Iodide distribution. The letter informed the Village that the County began distributing KI pills at three locations within a 10 mile-radius of Indian Point  The next dates are Saturday, June 15 at Ossining High School and June 29 at Hendrick Hudson High School.  One pill will be given per person along with a fact sheet on KI and recommended dosages.


b.      Richard Lee, 82 Grand Street (via e-mail)  - re: FOIL Requests.
Mr. Lee said he supports recent the FOIL requests from Maria Cudequest and other concerned citizens.
        
c.      State Board of Real Property Services, re: Tentative State Equalization Rate. A tentative rate of 7:30 has been established for the Village.  The percentage change in the estimate of full value between 2001 and 2002 is 12.80%

     Discussion: Manager Herbek stated the Equalization Rate has gone down as expected because the value of Village homes has increased.  

d.      Jake Russell, Vice Pres./General Manager WHUD Radio, re: request for the use of the Croton Harmon parking lot on Sunday, July 14, 2002 in conjunction with a concert they are presenting at Croton Point Park that day.  Shuttle buses will be run to Croton Point Park.
Discussion:  Trustee McCarthy said last year the Board questioned whether this was a moneymaker for them and if it was, we might charge for parking.  Trustee Grant said she thought it was not approved last year.  This request was tabled until Manager Herbek can check on last years request and how it was handled.

e.      Lisa Munz, Hastings Avenue, re: a request for permission to hold a block party on July 4.  Trustee McCarthy made a motion to approve this request, seconded by Trustee Wiegman; approved by all.
        
5. CITIZEN PARTICIPATION:

No one rose to speak.

6. RESOLUTIONS:

        a. Extension of special permit to Allied Waste to Sept. 9 2002.

On motion of TRUSTEE Grant, seconded by TRUSTEE Schmidt, 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 on April 1, 2002 approved a further extension of the special permit until the end of the day on June 10, 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 September 9, 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 September 9, 2002.

Discussion: David Steinmetz, attorney for Allied and twoAllied representatives were present.  Attorney Waldman reported that he had checked the docket sheet in federal court for the filing of the first Walter Mack report; no indication of it being docketed yet. It was Village Attorney Waldmans understnding that it had been delivered to court.  He believes the date has expired. He called Mr. Mack to find out why but he has not returned the call. This is the pre-Allied (before Allied owned Metro Enviro) report.  The2nd report has not been filed yet as far as he knows.   Mr. Steinmetz concurred and said he knew no more but he feels there is still a considerable period of time before the second one is ready.  Mr. Waldman will write to the court to find out why after he speaks to Mr. Mack. Mr. Steinmetz doesnt believe the first one has been accepted by the court. He is not clear about what filed means in this case.  Mr. Steinmetz addressed the issue of outdoor storage.  He asked the Board to reconsider to allow 7 pieces of equipment that are not directly or indirectly related to the operation to be located in the fenced-in area as originally shown on the site plan.  All dumpsters and compacters have been removed.  Metro Enviro was permitted to do this under their site plan.  Trustee McCarthy stated that, in the future, if there are conversations between Attorney Waldman and the Board regarding legal advice they should be discussed in Executive Session.  The Board should not ask his opinion or advice in open session.  Attorney Waldman said that he had no problem reporting these things in Executive Session if a Trustee wants it.  Mr. Waldman asked Mr. Steinmetz to tell the Board what the nature of the equipment (7 pieces) would be.  Would it be covered containers, on wheels, empty, with a cab.  Are any used to take materials out of the facility?  Mr. Altobelli of Allied said they are not used that way except one is used to take out tires, which is technically part of their operation. Trustee Grant asked about the tractor-trailer  it is not a roll off container.  How is it used for Metro Enviro operations?  Mr. Altobelli said they bring C&D material from one of their other transfer stations in on a tractor-trailer.  Trustee McCarthy asked if it was processed at the first station and was it dumped on the pad? Mr. Altobelli said yes.  Trustee Grant said she doesnt like the idea of empty containers just sitting there. She could agree to the 7 containers but not sure if tractor-trailer meets this criteria.  Mr. Steinmetz said a tractor-trailer, being closed, is not substantially different.  All open topped containers have been removed.  Trustee Schmidt asked for a clear definition of what the exact equipment is.  Mr. Waldman said it sounds like the seven could be either containers or tractor-trailers.  Can it be limited to those two types of vehicle?  Mr. Steinmetz said this sounds like a fair compromise.  He said the Board members should come down and look at the situation. Mr. Steinmetz also said that it is helpful that the Village Attorney maintains a dialogue and returns calls. Trustee McCarthy asked how often tires get removed.  Mr. Altobelli said a vendor takes them out whenever the container is full.  Trustee McCarthy said this is a violation of their Special Permit.  Tires cannot be stockpiled on the site and should be sent back with the load.  Mr. Altobelli said any tires that can be seen when they come in are returned by the deliverer.  Trustee McCarthy asked how many loads of tires were there this year.  Mr. Altobelli didnt know.  Mr. Steinmetz stated that Allied does five random inspections of incoming loads a week.  The DEC requires only five times a month.  This involves getting onto the truck and viewing it before it is dumped onto the platform.  Trustee McCarthy would like records about the numbers of loads of tires and other unacceptable materials like carpets, furniture, etc. that have been removed since the beginning of Allieds operation.  She also asked, with regard to the tractor trailer, if it comes in and is unloaded, do you believe you are allowed to have the truck stay there?  Mr. Steinmetz responded that he believes it is ok as it is directly or indirectly related to the operation.  On a practical basis, his client is trying to live up to the spirit of the Special Permit and not trying to be surreptitious about the existence of these trucks.  Mr. Waldman stated that were that to happen, there wouldnt be in and out weights  it would stay there without the out weighing.  Mr. Steinmetz said it could leave to get the out weight and then reenter to park there.  Trustee McCarthy encouraged the Village Board not to make any modifications to the previous resolution of extension.  Mayor Elliott asked if the Board would allow the Special Permit extension to be amended for 7 containers or tractor-trailer units, fully enclosed and empty and stored on the northern portion of property.  Mr. Waldman said it would be necessary to formulate some language to address the situation where a truck comes on site with C&D and stays.  He sees the need for one trailer with a cab to meet the 24-hour commitment to remove unacceptable material  but it is not necessarily the same thing for another Allied facility to bring C&D on site and then remain.  Trustee Grant made a motion to go into Executive Session to discuss a legal issue about the Special Permit. It was seconded by Trustee Wiegman and approved unanimously.  The Executive Session was from 9:05pm to 9:12pm.  On return, the vote on the resolution, without amendment, was approved unanimously.

b. Appointment of Lieutenant Anthony Tramaglini to the position of Executive Lieutenant. Effective June 11, 2002.

        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, Chief Coxen is recommending that Lt. Tramaglini be given the title  of Executive Lieutenant;

NOW THEREFORE BE IT RESOLVED: that Lieutenant Anthony Tramaglini be appointed Executive Lieutenant, effective June 11, 2002; and be it

FURTHER RESOLVED:  that as Executive Lieutenant, Lt. Tramaglini is hereby authorized to serve as acting Chief of Police in the absence of Chief Dennis Coxen.

c. Authorizing participation in the Westchester County EMS Mutual Aid Plan.

On motion of  TRUSTEE Wiegman,  seconded by  TRUSTEE Schmidt, the following resolutions were adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:


(1) NOW, THEREFORE BE IT RESOLVED: that the Village of Croton on Hudson elects to participate in the Westchester County EMS Mutual Aid Plan, will agree to recognize a call for assistance through the Westchester County Emergency Communications Center (60-Control) and will comply with the provisions of such plan as now in force and as amended from time to time.  The provider further agrees not to bill the requesting emergency service agency, requesting community (i.e. city, town, or village), or the County of Westchester for services rendered.  
AND BE IT FURTHER RESOLVED:  that a copy of this resolution be filed with the county EMS and CAD coordinators.

(2)NOW, THEREFORE BE IT RESOLVED:  that the Village of Croton on Hudson elects to participate in the Westchester County EMS Mutual Aid Plan, and will agree to recognize a call for assistance through the Westchester Emergency Communications Center (60 Control) and will comply with the provisions of such plan as now in force and as amended from time to time, and certified by the Westchester County EMS Council through the County EMS and Emergency Service Coordinators and that no restrictions exists against “outside service” by such EMS agency/provider named herein within the meaning of section 209 of the General Municipal Law which would affect the power of such EMS agency/provider to participate in such plan.
AND BE IT FURTHER RESOLVED:  that a copy of this resolution be filed with the county EMS and CAD coordinators.  

        d. Authorizing the Village Manager to sign an agreement with the New York State Department of Transportation for the Multi-Modal 2000 Project.

        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 New York State Department of Transportation has awarded the Village of Croton-on-Hudson $50,000 for a multi-modal project; and

WHEREAS, these funds will be used to construct a new sidewalk on Route 129/Grand Street between Harrison Street and Batten Road,

NOW, THEREFORE BE IT RESOLVED:  that the Village Manager is hereby authorized to sign the Master Municipal Multi-Modal 2000 Capital Project Agreement with the New York State Department of Transportation.

        e. Authorizing the Village Manager to award a contract to American LaFrance Corporation for purchase of a pumper truck for Harmon Engine Company.

On motion of Trustee Grant, seconded by Trustee McCarthy, the following resolution was adopted unanimously by the Board of Trustees of theVillage of Croton-on-Hudson, New York:

WHEREAS, the Village borrowed funds in FY 2001-2002 to purchase a replacement pumper truck for Harmon Engine Company, and

WHEREAS, the bid opening for the purchase of this apparatus was May 23, 2002 with one bid submitted by American LaFrance Corporation of Cleveland, North Carolina, in the amount of $394,448.00 and

WHEREAS, the Volunteer Fire Department and the Fire council has reviewed this bid and recommends that the bid be awarded to American LaFrance,

NOW, THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to award the contract to American LaFrance Corporation of Cleveland, North Carolina, for their bid in the amount of $394,448.00.
AND BE IT FURTHER RESOLVED: that this purchase be charged to Capital Account # 3 3410 200 0102 63.

f. Authorizing the Village Manager to award a contract to Tyler Fire Equipment Company for purchase of a ladder truck.

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

WHEREAS, the Village has been notified by the Volunteer Fire Department that the condition of Ladder 44, a 1971 Maxim, is in a extremely poor condition due to the age of the ladder truck and deterioration which has taken place over the years, and

WHEREAS, a demonstration aerial ladder and elevated platform apparatus has become available through the Tyler Fire Equipment Company of Elmira, New York which would meet the needs of the Fire Department and the Village, and

WHEREAS, a set of plans and specifications for this aerial ladder and elevated platform apparatus has been obtained and bid in accordance with New York State General Municipal Law, and

WHEREAS, the bid opening for the purchase of this apparatus was June 7, 2002 with one bid submitted by Tyler Fire Equipment Company of Elmira, New York in the amount of $668,746.00 and

WHEREAS, the Volunteer Fire Department has reviewed the bid and supports the award of the contract to Tyler Fire Equipment Company of Elmira, New York in the amount of $668,746.00, and

WHEREAS, the Village Board has already approved the necessary bond resolution for this purchase,

NOW, THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to award the contract to Tyler Fire Equipment Company of Elmira, New York in the amount of $668,746.00 subject to whatever time constraints and requirements that are part of the bonding process.

Discussion: Trustee Grant said that the fire department worked very hard to get the best deal possible.  Fire Chief Steve Dominello thanked the Village on behalf of the Fire Department.

g.      Budget Modification, re: air conditioner.

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, additional funds are needed to install the new, lower priced air conditioning system in the Municipal building meeting room in the amount of $5,000.00; and

        WHEREAS, funds to cover the extra cost are currently available in the capital fund account ( 003-1620.200.0001.0054 ); and

WHEREAS, The Treasurer wishes to move those funds to the General Fund
Transfer to Capital account ( 001-9953-0900 ), and then return them to the Capital Fund amending the following accounts; and

Increase  3-1620.0200.9900.0033  by  $  5,000.00 ( Air Conditioner )
Increase  3-0003.5031.9900.0033  by  $  5,000.00 ( Air Conditioner )

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

Discussion: Trustee McCarthy asked what the total cost was and was informed it is about $12,000.  This is what she suggested long ago and is glad it is being done.  Trustee Schmidt suggested that ceiling fans would help in addition to the air conditioning and would save energy.  Should only run air conditioning when meetings are in session.

h.      Budget Modification, re: Harmon and Grand Street Firehouses.

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 complete the two fire house projects without resorting to additional borrowing, per the Village Boards request; and

        WHEREAS, funds to cover the extra cost are currently available in the General fund in various accounts; and

WHEREAS, The Treasurer wishes to move those funds from the General Fund Transfer to Capital account ( 001-9953-0900 ), to the Capital Fund amending the following accounts; and

1.      Increase  3-3410.0200.9899.0015  by  $  44,000.00 ( Harmon Fire House )
2.      Increase  3-0003.5031.9899.0015  by  $  44,000.00 ( Harmon Fire House )
3.      Increase  3-3410.0200.9899.0016  by  $  49,000.00 ( Grand St. Fire House)
4.      Increase  3-0003.5031.9899.0016  by  $  49,000.00 ( Grand St. Fire House)

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

Discussion: Trustee McCarthy commended Treasurer Reardon for saving us from having to go out to borrow these funds.
        
        i. Budget Modification, re: sidewalks. And LO-BOY truck

        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, additional funds are needed to pay for sidewalk project costs for Harrison Street, and the Route 9A, Route 129 & Municipal Place locations; and

WHEREAS, additional funds are needed to pay for the LO-BOY truck which came in slightly over budget; and

        WHEREAS, funds to cover the extra cost are currently available in the General fund in various accounts; and

WHEREAS, The Treasurer wishes to move those funds from the General Fund Transfer to Capital account ( 001-9953-0900 ), to the Capital Fund amending the following accounts; and

1.      Increase  3-5110.0200.0102.0066  by  $  2,473.08 ( Sidewalks )
2.      Increase  3-0003.5031.0102.0066  by  $  2,473.08 ( Sidewalks )
3.      Increase  3-5130.0200.0102.0068  by  $     819.10 ( LO-BOY Truck )
4.      Increase  3-0003.5031.0102.0068  by  $     819.10 ( LO-BOY Truck )

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

        j. Budget Modification, re: sewer replacements.

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

WHEREAS, additional funds are needed to pay for sewer work at two locations which were undertaken as the SEPRIO SANITARY SEWER project, and the SANITARY SEWER replacement project; and

        WHEREAS, funds to cover the extra cost are currently available in the General Fund in various accounts; and

WHEREAS, The Treasurer wishes to move those funds from the General Fund Transfer to Capital account ( 001-9953-0900 ), to the Capital Fund amending the following accounts; and

1.      Increase  3-8120.0200.9899.0021  by  $ 14,443.90 ( SEPRIEO SEWER )
2.      Increase  3-0003.5031.9899.0021  by  $ 14,443.90 ( SEPRIEO SEWER )
3.      Increase  3-8120.0200.9899.0024  by  $      140.58 ( Sewer Replacement )
4.      Increase  3-0003.5031.9899.0024  by  $      140.58 ( Sewer Replacement )

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

        k. Budget Modification, re: Harrison Street. and Upper Village sidewalk replacement project.

        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, additional funds are needed to pay for work at two locations which were undertaken as the Harrison Street Park project, and the Upper Village sidewalk replacement project; and

        WHEREAS, funds to cover the extra cost are currently available in the General fund in various accounts; and

WHEREAS, The Treasurer wishes to move those funds from the General Fund Transfer to Capital account ( 001-9953-0900 ), to the Capital Fund amending the following accounts; and

1.      Increase  3-8660.0200.0102.0072  by  $ 10,003.29 ( Sidewalks & Park )
2.      Increase  3-0003.5031.0102.0072  by  $ 10,003.29 ( Sidewalks & Park )

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

       Discussion: Manager Herbek explained what the project accomplished.

       l. Authorizing Village Manager to apply for 50/50 matching grants from the New York State Office of Parks, Recreation, and Historic Preservation for:

        1.  Improvement of Access Road to Croton Waterfront Park - $262,000.

        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:



        RESOLVED:
           That Richard F. Herbek, as Village Manager of Village of Croton-on-Hudson, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or Title 3 of the Clean Water/Clean Air Bond Act, in an amount not to exceed $262,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Village of Croton-on-Hudson for the improvement of the access road to the Croton Waterfront Park.

        Discussion: Manager Herbek said these were submitted last year and were not funded.  The Village needs to go through the process again this year if it wants to be considered for these funds.  A trustee asked where at Senasqua would it start.  Mr. Herbek said the intent is to pick up where the new road ends.  Trustee McCarthy said if we take this money, we have to open up to all and cannot restrict parking at Senasqua.  Mayor Elliott said this grant is for a road that runs past Senasqua, not parking.  Trustee McCarthy wants to make sure we will still have the ability to keep parking at Senasqua for residents only. She asked if we have an agreement to go over CSX property.  Manager Herbek said there is an easement that enables access.  Trustee Wiegman stated that the new road is likely to go only as far as the CSX property. Manager Herbek stated that the section between Senasqua and the Yacht Club is collapsing and in need of repair.

2.      Construction of Fence between Railroad Tracks and Croton Waterfront Park - $100,000.

          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:  

RESOLVED:
That Richard F. Herbek, as Village Manager of Village of Croton-on-Hudson, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or Title 3 of the Clean Water/Clean Air Bond Act, in an amount not to exceed $100,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Village of Croton-on-Hudson for the Construction of a Fence or Barrier Between the Railroad Tracks and Croton Waterfront Park.

        Discussion: Trustee McCarthy asked if it is possible to apply for money for drainage problems throughout the village under this act.  Manager Herbek said we have applied for money for that purpose under this act. He tried to get CSX to put up the fence but they did not agree.  He would also like to get the septic fields removed that are used by the CSX building there.

3.      Clean-up and Handicapped-accessible trail for Beaverkill section of Croton Waterfront Park - $133,000.

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 with the following vote

RESOLVED:
That Richard F. Herbek, as Village Manager of Village of Croton-on-Hudson, is hereby authorized and directed to file an application for funds from the New York  State Office of Parks, Recreation and Historic Preservation in accordance with
the provisions of Title 9 of the Environmental Protection Act of 1993 or Title 3 of the Clean Water/Clean Air Bond Act, in an amount not to exceed $133,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Village of Croton-on-Hudson for the Clean Up of the Northern Section of Croton Waterfront Park, and Extension of Handicapped  Accessible Trail.

4.      Construction of water main line to Croton Waterfront Park - $150,000.

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:  

RESOLVED:
That Richard F. Herbek, as Village Manager of Village of Croton-on-Hudson, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or Title 3 of the Clean Water/Clean Air Bond Act, in an amount not to exceed $150,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Village of Croton-on-Hudson for the construction of a water-main line to the Croton Waterfront Park.

        m. Appointment of Victoria Manes as marriage officer for the Village.  

        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, New York State Domestic Relations Law, Section 11, states that a Village may appoint one or more officers who shall have the authority to solemnize a marriage which marriage shall be valid if performed in accordance with other provisions of law; and

WHEREAS, Victoria Manes-Scalzi is a resident of the Village of Croton on Hudson;

NOW THEREFORE BE IT RESOLVED: that the Mayor hereby appoints Victoria Manes-Scalzi to the position of Marriage Officer, in addition to John Gochman, with no cost to the Village effective immediately.

7. REPORTS:

Manager Herbek stated that he was asked to report on Metro North. The Board has asked a number of questions of Metro North regarding their log of complaints and is still waiting for answers to the questions.  A letter from Richard Bernard re: air emissions on diesel locomotives states that they have been using low sulfur fuel since 1994. In 1998 Metro North and Amtrak arranged for testing of the new locomotive for emissions  the results compared to tier 0 standards which are not applicable until 2007.  The Genesis 2 locomotive meets the standards by a comfortable margin.  Smoke standards were also met by a comfortable margin.  Only the oxides of nitrogen standard was exceeded but they are working on that  aim for 2005, 5 to 7 years earlier than required by regulations.  Old equipment is being gradually be retired  only about 9 still being used sporadically.  Trustee McCarthy said she was not satisfied with their last response. She wants to start pushing the state legislature for some control over this entity through legislation.  Mayor Elliott said the Village should constructively work on what we can do to begin with.  Trustee Grant said they need to be clear about the time of the response to a complaint (the complaint itself is time-stamped).  Mayor Elliot said we should identify those things that are in violation of their own policies which they have a commitment to uphold.  Attorney Waldman stated that he thinks chances of a conferral of jurisdiction from NYS to regulate Metro North are almost nil.  He thinks it would be necessary to come up with specific prohibitions that the legislature could adopt  noise, air, etc. A very knowledgeable person would need to develop this case.  Trustee McCarthy said they need to start finding those individuals to move this process along.  Mayor Elliott said he thinks it is a better use of energy to stay on top of Metro North.  The number of calls has diminished considerably.  Trustee Grant said we should push for an answer from Mr. Mannix of Metro North.  Also thinks new building will eventually alleviate these concerns.  

Work session on Wednesday night  sewer odor issue, Kuney Street, sidewalk program, use of various carting companies, CDBG grants will be subjects of discussion.

Trustee Wiegman reminded the Board that there is an opening on theVEB. So far, two people have shown interest. The VEB will be changing their reporting to better mesh with Planning Board needs.  Clearwater Festival will be powered this year by wind and solar.  Croton Solar Coop will conduct a tour on June 22 and site visit to the Fletcher household.  In less than a day, their solar installation had borrowed back 4-kilowatt hours from Con Edison, astounding the Con Ed engineers.

Trustee McCarthy reported on the Franzoso Invitational Charity tournament on Memorial Day weekend.  It was a great time for Little League teams  1st place - Briarcliff, 2nd  Somers, 3rd  Croton.  Each had their respective award given to their chosen charity.  Crotons was the Croton Caring Committee. Thanks to the Recreation Dept. in supporting this project.

Trustee Schmidt reported that Summerfest was one of most successful in 16 years.  Thanks to Rec. Dept as well as Chamber of Commerce; Susan Menz and staff and Chamber of Commerces Joe DiMarzio, the Police Dept. and the Auxiliary .Police and the Fire Department.  His office manager, Carol Ann, deserves special thanks.   He asked about a problem at the Turkells on Bungalow Road excavation next to their property which is extensive. Mr. Herbek said the Village Engineer will report on that at the work session on Wednesday.

Trustee Grant expressed thanks to Greg on Summerfest  Congratulations for job well done.

Mayor Elliott added his thanks to Greg Schmidt and the Summerfest volunteers.  Clearwater, a Fathers Day tradition, will be back next weekend at Croton Point Park.

Trustee McCarthy made a motion to go into Executive Session to discuss legal advise on the Metro Enviro Special Permit. It was seconded by Trustee Wiegman and approved unanimously.  The Village Board adjourned to executive session.  The regular meeting was adjourned following the executive session and no further business was discussed.

The meeting was adjourned at 10:20 pm.

Respectfully submitted


Ann H. Gallelli, Secretary


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Village Clerk