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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
 
Board of Trustees Minutes 09 09 02
A regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, September 9, 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 McCarthy                                        Village Manager Herbek          Trustee Wiegman
        Attorney Waldman                        Trustee Schmidt
           

1. CALL TO ORDER:

        Mayor Elliott called the meeting to order at 8:12 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 August 5, 2002 as corrected.  Trustee Wiegman seconded the   
            motion. The minutes were approved by a 4 – 0 vote with Trustee Schmidt      abstaining.

        Trustee Grant made a motion to approve the minutes of a Special Meeting of      Board held on August 30, 2002.  Trustee Schmidt 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 Wiegman      and approved unanimously.
                                
        General Fund                    $ 57,523.70                     
        Water Fund                                36.00
        Capital Accounts                       29,782.27
        Trust & Agency                    98.00
                                        $ 87,439.97
                                

4. CORRESPONDENCE:
a. Linda Puglisi, Supervisor, Town of Cortlandt, re: Memorial Ceremony.  Ms. Puglisi invited the Board to join with the Town and the City of Peekskill in Memorial Ceremony in Peekskill on September 11,2002.

Mayor Elliott said the ceremony will be at 7:30 at Riverfront Green in Peekskill; he thinks it is a great idea to cooperate.  Mayor Elliott reminded everyone what the Village is doing as a commemoration – the planting of daffodils at 9:30am on October 5 at Bethel Cemetery.  Trustee Schmidt also stated there would be a memorial September 10 at 7:30 pm in Vassallo Park.

b. Ann Gallelli, Planning Board, re: Special Permit for Malom Development Corp.  Ms. Gallelli asked for clarification of one of the conditions of the Village Board Special Permit for Malom – specifically, the location for garbage pickup for the existing building on the property.  Mayor Elliott recollected that their Special Permit condition applied just to the new building.  All Trustees agreed that this was their intention.

c. Robert Davis, Shamberg Marwell Hocherman Davis and Hollis P.C., re: Petition for Amendment to Chapter 195, Steep Slopes, Section 195-9, Special Hardship Permit for One-Family Lots.  Mr. Davis outlined the steep slope problem his client has with a lot approved in a 1981 subdivision known as Waldwoods.  According to Mr. Davis, the subsequent 1989 enactment of the Steep Slopes Ordinance makes it impossible to use his client’s lot in a meaningful way.  Mr. Davis proposes an amendment to the Steep Slope Ordinance which he includes in his letter. Attorney Waldman suggested that the appropriate steps be taken – referral to the Planning Board for a recommendation followed by the setting of a Public Hearing.

d. Joyce Lannert, Westchester County Department of Planning, re: Establishment of Lead Agency for Croton Point Park Field Sports Improvements.  The proposed improvement is a Type 1 Action under SEQRA requiring coordinated review. Ms. Lannert asked for a response by September 23, 2002 and enclosed Part 1 of the EAF describing the project. Manager Herbek said that, due to the closeness of the response date, he had already concurred on the part of the Village that the proposed Lead Agency designation is okay. Mayor Elliiott said it should be referred to appropriate Village committees.  Trustee Grant said Jim Harkins may have been instrumental in bringing this about.  She suggested that the Recreation Advisory Committee review the plans.  The WCC and the WAC will also be asked for comments.

e. Greg Englerth, Ricochet, re: Update on Ricochet Activities.  Mr. Englerth states that Ricochet is in the process of reactivating its network and is interested in working with the Village in the future. Manager Herbek stated that Ricochet appears to have taken over Metro Com which went bankrupt.  No equipment was installed here that we know of.

f. Marjorie Castro, Superintendent of Croton-Harmon Schools, re: Village Triangle of land at CET.  Ms. Castro apprises the Village of the District’s plans to construct a turn-around that would circle the Village-owned triangle of land.  She asks if the Village would consider letting the District add parking on this land.

Mayor Elliott said it would be put on a  work session agenda.  Trustee McCarthy commented that this area had  always been used for school operations and we have no plans to use it.  The district should be encouraged to utilize it as it best serves their interests. Trustee Wiegman said he would prefer to see ownership formalized rather than an informal arrangement.  Trustee Schmidt stated we should look at how the proposed parking plan will impact a residence that is there.

g. Kristine Siminsky, National Multiple Sclerosis Society, re: Request for use of Upper Train Station Parking Lot on October 6, 2002.  The Society is holding its ‘Great TZ Bike Tour for MS’ on that day and would like to use this site for a rest stop along the 60-mile trek which goes through the village.  Trustee Wiegman moved to approve this request, seconded by Trustee McCarthy, followed by unanimous approval.

h. Mark Mannix, Metro North Railroad, re: Harmon Open House and request to allow free parking on October 19, 2002.  Mr. Mannix requests ‘relaxed’ parking enforcement at the station, as has occurred in previous years,  to accommodate the many people who come to visit the Open House.  Trustee McCarthy moved approval of this request, seconded by Trustee Schmidt, followed by unanimous approval.

i. Steve Van Ness, Opts Events, re: request for use of the train station parking lot during the Washington Mutual Walkathon to be held at Croton Point Park on September 29, 2002.  Mr. Van Ness states that Opts Events, in conjunction with Washington Mutual Bank, is organizing the Walkathon event to raise funds for Westchester County Affordable Housing organizations.  The railroad station parking lot would be available for overflow parking. Trustee Wiegman moved approval of this request, seconded by Trustee McCarthy, followed by unanimous approval.  The Croton Housing Network will be apprised of this event.

j. Walter Gillis, Harry Chapin Memorial Run Against Hunger, re: Request to hold race on Village streets on October 20, 2002.  Mr. Gillis asks for a Village permit to hold this event and for logistical help from the Department of Public Works on the day of the event. Trustee Wiegman moved approval of this request, seconded by Trustee Schmidt, followed by unanimous approval.

k. James Harkins, re: Request to hold block party on Dailey Drive on September 28, 2002.  Mr. Harkins asks for Village permission to hold this event and for the provision of a wooden horse from the Department of Public Works for the day. Trustee Schmidt moved approval of this request, seconded by Trustee Wiegman, followed by unanimous approval.

l. James R. Walpole, United States Department of Commerce, re: Request for a Public Hearing.  Mr. Walpole has copied the Village on his letter to Mr. Neil Levy, Kirkland & Ellis, in which he announces that the Dept. of Commerce will hold a Public Hearing in Westchester County on the Millennium Pipeline Company’s appeal of the Coastal Zone Management consistency decision. Mayor Elliott said it was announced today that the Public Hearing will be at the Hilton Hotel in Tarrytown – no time has been set yet. Manager Herbek said this hearing is on the Coastal Zone determination of inconsistency with the state’s program.

m. Stephen Dominello, Croton Fire Department, re: Exploratory Committee to investigate possibility of establishing a fire district.  Mr. Dominello informs the Village that the Fire Department is exploring a change of status to a Fire District.  He will keep the Village informed. Manager Herbek said this would change the Fire Department from a department of the Village to a District.  

n. James and Elizabeth Williams, 63 Quaker Bridge Rd. S., re: Annexation Plan.  The Williams’ state their opposition to any annexation plan.  They feel it would have a large financial impact on those being annexed.  Mayor Elliott said a committee has been set up simply to explore the possibility of annexation.  It will require a good deal of analysis on the part of the committee – will have to wait and see what they find.

o. William Rooney, 84 Grand St., re: Metro Enviro.  Mr. Rooney states his opposition to the Metro Enviro facility.  Mayor Elliott reminded everyone that a non-partisan committee of local residents and experts had recommended approval of the original permit.


5. CITIZEN PARTICIPATION:
        At this point Mayor Elliott moved ahead to consider the  Metro Enviro application for renewal of their Special Permit.  He stated that Citizen Participation on this topic would be entertained during the discussion.  Following the Metro Enviro agenda item, he would return to Citizen Participation for other comments people wished to make to the Board.

6..  RESOLUTIONS:

a.      Renewal of Allied Waste Special Permit.

        Discussion: Mayor Elliott introduced David Steinmetz, attorney for Metro Enviro. Mr. Steinmetz introduced John DiNapoli, Christine Meket, and Michael Altobelli. A court stenographer hired by Metro Enviro/Allied was also present to record the discussion of this matter.  Mr. Steinmetz stated he anticipates some difficulty in tonight’s meeting because Metro Enviro made a mistake and violated its permit.  He and his clients, early in August, met with Manager Herbek to let the Village know of the error that occurred. He is here to answer questions that were forwarded to him from Attorney Waldman and put what happened in perspective.  In summary, Metro Enviro accepted industrial waste on 18 occasions between Feb and March in 2001 in violation of both its Croton and DEC permit. Mr. Steinmetz presented two exhibits – a basket wrapped in cellophane and a Breyers ice cream container.  He stated he wished to put ‘industrial waste’ in perspective.  The industrial waste taken to Metro Enviro had no adverse environmental impact on Croton or the facility. Did it violate the permit – yes; was there any environmental contamination – no.  In environmental laws, Industrial Waste is anything that is a by-product affiliated with the manufacturing process.  A facility in Peekskill that makes films and plastics was the manufacturer of the product that was accepted at Metro Enviro. Mr. Steinmetz indicated that the film wrapping the basket he introduced is the type of material that was brought in.  Also a more free formed shape of hard plastic was also brought into the site.  He then referred to the Breyer ice cream container. Mr. Steinmetz stated that if this container was disposed of at the facility where it is made, it would be considered industrial waste.  If it was sent to a grocery store and disposed of it there, it would then be considered commercial waste not industrial waste.  If purchased and disposed at home, it becomes municipal solid waste.  Mr. Steinmetz said that no one takes pride in feeding their children industrial waste.  He wants everyone to understand the nature of the materials that were brought in violation of the permit.  

Trustee McCarthy said it is offensive for him to say that families are feeding their children industrial waste.  Attorney Waldman asked if all loads were the same contents.  Mr. Steinmetz said that is so as far as he knows, nobody here saw the material. It is generated into rolls.  Attorney Waldman asked if it is rolled into itself?  Mr. Steinmetz said that it may be on a cylinder in the center.  Mr. Steinmetz said he wished to show the Village Board how the words are defined in the law; he is not playing a game.  Trustee McCarthy asked if ice cream, sugar and milk are defined as industrial waste?  Mr. Steinmetz said yes it is.  Mr. Steinmetz proceeded to address, item by item, the questions asked in the letter from Attorney Waldman.
1.      What were the arrangements and circumstances between Metro Enviro and Engelhard – the manufacturer of the materials?  Mr. Steinmetz stated that he does not know the specifics, but the arrangements were made through Matt Hickey,  General Manager at the time. However, he acknowledged that on 18 occasions  Metro Enviro accepted 40 yd containers.  The 02 CODE in the records is the designation for a 40 yard compacter.  Mr. Hickey is no longer employed by Allied or Metro Enviro; he was terminated around October 2001.
2.      Who was the hauler for these loads?  Mr. Steinmetz said the hauler was Hudson Waste. They would have picked up a closed compacter box and would not necessarily know what was in the load itself.
3.      Who in Metro Enviro knew about these shipments and their nature?  Mr. Steinmetz stated that Charles Marino, the Site Mgr. and Mr.Hickey. Mr. Marino is no longer at Metro Enviro but is still with Allied at another location as a Site Mgr. Trustee McCarthy asked if there is any connection between Metro Enviro and Allied and Hudson Waste?  Hudson Waste is owned by Allied. Trustee Grant asked if there is any connection between Hudson Waste or Allied with Engelhard?  She asks because the same company was implicated in similar loads sent to Mt. Kisco illegally.  Mr. Steinmetz said he cannot speak to the Mt.Kisco operation.  After March 2001, he knows of no further contact between Metro Enviro and Engelhard.  Mr. Waldman said the Village needed more information on why Engelhard shifted to Mt. Kisco.  Mr. Steinmetz stated that Mr. Marino insisted that this material not come any more to Metro Enviro but it didn’t stop immediately. Mr. Hickey didn’t stop it immediately.  Trustee Grant said that someone must have contacted Engelhard and let them know that it could not come to Metro Enviro anymore. Mr. Steinmetz said Mr. Hickey made the alternate arrangements to take it to Mt. Kisco.  Mr. Waldman asked if Mr. Hickey has been interviewed by ME/Allied to find out more about this arrangement?  Mr. Steinmetz said not to his knowledge.  Trustee McCarthy asked if this was in the General Mgr.’s authority. Mr. Steinmetz said yes. Trustee McCarthy asked what authority did he have. Mr. Steinmetz stated the General Mgr.’s primary responsibility was to determine where material should be directed. Trustee McCarthy said he would make decisions regarding where Allied-owned haulers would take materials to which Mr. Steinmetz agreed.  She stated that therefore the Metro Enviro site manager does not control what comes into the site – higher ups do it; not authorized to turn away a load. Mr. Steinmetz said the Site Mgr. is authorized to turn away loads but, in 18 cases, he was unsuccessful. Ultimately he was successful.  Mr. Steinmetz gave Mr. Marino credit for doing this.  He did have the authority but was not successful given the relationship he had with the General Manager at that time.  Trustee McCarthy stated the Site Manager did not have authority as demonstrated by his lack of success in accomplishing this.  He could not ‘trump’ a decision of the GM so he did not have the authority. Mr. Steinmetz said no one is happy about what happened.  Allied has taken several steps to prevent this from happening.  It has taken a while for Allied to replace some personnel it inherited but it has done so now. They believe this will remedy the types of things that have happened.  Trustee McCarthy asked if Mr. Hickey was an Allied employee prior to their acquisition of Metro Enviro. She asked if there is any written correspondence from Mr. Marino to Allied and to please provide it. Mr. Steinmetz said Mr. Hickey was employed by Hudson Waste prior to Hudson Waste and Metro Enviro being acquired by Allied.  Mr. Waldman asked why Mr. Hickey was terminated.  Trustee Wiegman asked if it was for cause or not? Mr. Steinmetz said that it was.  Attorney Waldman asked if, when he was terminated, were the loads still going into the Mt. Kisco facility?  Mr. Waldman said that since it was the same company, the way Allied does business at all of its facilities may be relevant to the Metro Enviro operation.  It is not enough for Mr. Steinmetz to say he can’t comment on Mt.Kisco by claiming it is another entity; it is still Allied controlled.  Mr. Steinmetz will take this request under advisement.  He questions how specific actions in Mt. Kisco have land use implications in a permit under consideration in Croton.  Mr. Waldman said that character manifestations in Mt. Kisco are of land use relevance.  Trustee McCarthy asked to whom Mr. Hickey reported.   Mr. Steinmetz said it was Anthony Prestamo, the  District Mgr. who is no longer employed by Allied. He has been terminated.  Trustee McCarthy asked if Mr. Prestamo knew about these loads. Mr. Steinmetz said he has no information that he did. He doesn’t believe Mr. Hickey reported this to any District Mgr. No one has talked to Mr. Hickey.  Trustee McCarthy asked for the job responsibilities of those present with Mr. Steinmetz.   John DiNapoli is the regional engineer for Allied out of their Massachusetts office. Mr. Altobelli is a compliance officer and transfer station manager with responsibility for Croton, Mamaroneck and Mount Kisco.  Christine Meket is a  Municipal Marketing Coordinator which includes sales, customer relations and on-site training and remediation.  Trustee McCarthy asked where does Mr. Altobelli fall between Mr. Hickey and those above. Mr. Steinmetz replied that his position did not exist in 2001.   Trustee Wiegman asked if Mr. Hickey would have the ability to arrange contracts with companies such as Engelhard.  Mr. Steinmetz said yes.  Trustee Wiegman asked if Engelhard ever delivered C and D to any of these sites and did this precede these violations?  Mr. Steinmetz said he believed only these 18 shipments ever came from Engelhard – no other.  Trustee Grant asked where does industrial waste go in this area?  It can’t go to Mount Kisco, Mamaroneck or Metro Enviro. Mr. Steinmetz said it goes either to a licensed site or directly to a landfill.  The DEC is aware that sometimes Industrial Waste sometimes gets intermingled.  There is a mechanism whereby the DEC can be apprised of this and allow it to be handled but this did not happen.  Mr. DiNapoli doesn’t know of a landfill in Westchester County where it could go – maybe Mass or upstate or some other state.  Trustee Grant stated this would be more expensive for the company.  Trustee Schmidt asked if Allied owned any of these facilities? Mr. DiNapoli said yes, in Niagara Falls.  Mr. Steinmetz said that this industrial waste got mixed with C and D and put on railroad cars for shipping out.  Trustee McCarthy said that the Bill of Lading would have inaccurately identified the load as C and D and that the Site Mgr., Mr. Marino, did this. He can’t say with any assurance what is in those loads.

4.      The 02 code identifies the size of the container but not the materials. 02 identifies a 40 yard container, 03 identifies a 30 yd open container and 05 is for a 15 yard open container. Attorney Waldman asked why were we told that there were 18 rather than 23 loads?  Mr. DiNapoli responded.  Trustee McCarthy asked that the record reflect that Mr. Steinmetz and Mr. DiNapoli had a side discussion prior to Mr. Steinmetz answering. He stated that of the 23 shipments from Engelhard, Allied and the federal government only identified 18 from the industrial part of the Engelhard facility.  The others were not from the industrial part of Engelhard so presumably C and D.  Mr. Waldman asked if Engelhard does anything that generates C and D.  Mr. Steinmetz said that wooden pallets are an example of what might be accepted.  Mr. Waldman asked if when all this was discovered, did anybody from Allied check with Engelhard to see what these loads were.  Mr. Steinmetz stated that since Engelhard was no longer a customer, the answer is no.  Trustee Schmidt asked when they ended their relationship with Engelhard. Mr. Steinmetz stated that at the end of March no more industrial waste was accepted but still C and D.  Trustee Schmidt said Metro Enviro accepted a load in early 2002.  Mr. DiNapoli said the whole relationship ended in April 2002.  Mr. Steinmetz stated that Engelhard is reluctant to provide information as they have become embroiled in more than one land use situation at this time. Trustee McCarthy stated that they don’t really know if any commercial waste was in the loads.  Was Mr. Marino still Site Mgr when the January 2002 load came through?  Mr. Steinmetz said no.  Our records, the federal monitor and Mr. Marino have not indicated that there was industrial waste in these loads.  Trustee Schmidt asked about the location of the Site Manager’s office.  Mr. Steinmetz said he is not outside all the time to observe contents. Mr. Schmidt asked who is responsible for not taking unauthorized loads.  Mr. Steinmetz stated that every one on the site is responsible.  Trustee Schmidt asked if there is a manual of employee responsibilities and do we have it (the revised version).  Mr. Steinmetz state that since the infraction, Allied has made many enhancements to its training and rules.  They will review and advise Village where the rules should be and can be revised.  Trustee McCarthy asked if there is one person who oversees all the time, i.e. has the responsibility. Mr. DiNapoli said it is everyone’s responsibility.  There is a lead man but he doesn’t know who it was at that time.  Trustee McCarthy said she wants to know if any other employees have been terminated since this occurred.  To whom did Mr. Prestamo report?  Mr. DiNapoli said it was to a Vice President named Robert Boucher; Mr. Bruce Stanis now has the job.  Mr. Boucher was not terminated.  Mr. Darren Rizzo, the current site manager, was not previously working for Allied.  Trustee McCarthy wanted to  know where he was working prior to this job.  Trustee Grant asked who have the Site Mgrs been since Marino left until now.
5.      Route taken from Englehard to Metro Enviro.  Mr. Steinmetz said the route taken was Route 9 south to the Croton Point exit to the Metro Enviro facility.  Trustee McCarthy asked how he knows that; was it based on a discussion with the driver from Hudson Waste?  Mr. Steinmetz’s answer was no.  Mr. Steinmetz said it was because Hudson Waste is their hauler and it is their policy to take the shortest route.  Trustee McCarthy stated that he doesn’t really know the answer.  She is very concerned that he and his client are coming here with statements that purport to answer these questions without really having facts.  Mr. Steinmetz said that unfortunately the events took place so long ago that it is not possible to know all these answers with certainty.  Trustee McCarthy said there could be other routes as well.  Trustee McCarthy asked MetroEnviro to provide a basis for all of their statements in their written response.  
6.      (Note: Mr. Steinmetz jumped to #7 and did not mention #6)
7.      Regarding an article in the Journal News.  Could any of the materials referenced in this article be part of these shipments (titanium or other hazardous substances).  Mr. Steinmetz said that neither his client nor the federal monitor has any indication that this is so.  Engelhard is not licensed as a hazardous waste generator by the DEC.  Referring back to the previous question, Trustee McCarthy asked if he knows who the driver(s) were.  Mr. DiNapoli said no.  Trustee McCarthy said she wants to know if it was the same driver. Mr. Steinmetz reiterated that all the loads are closed loads so driver does not know what is in them.  Trustee McCarthy asked if the driver keeps track of routes/ stops along the way.  Mr. Waldman asked if Allied gets copies of the depositions taken by Mr. Mack.  Mr. Steinmetz said this would happen only after the report is published.  Attorney Waldman said that if they do, the Village would like to receive them.  Mr. Mack said he cannot give them out but Allied can share them. Mr. Steinmetz stated  that he is not Allied’s counsel.  He said that the information was brought to Allied’s attention by the federal monitor which was why Metro Enviro came forward with the information to the Village.

Mr. Steinmetz said he has been authorized to reimburse the Village for $1500/month, for the duration of the period while renewal is being considered, for an environmental consultant to review and report to the village on any violations and adverse environmental impacts.
        
     8.   Allied has reanalyzed all of its customers in the aftermath of this situation and are        looking for any other possible openings for industrial waste coming onto the site –     They have not found any and the federal monitor has not apprised them of any    other situations.  Ms Meket said they are preparing customer interviews and     requesting customers to fill out paperwork identifying the materials being      brought onto the site.  Ms. Meket said that the generator of the waste is signing       off on these sheets. They are doing this with their current customer list.  If a         company uses regulated materials they have to meet standards from other         regulatory agencies. They have found no customers other than Engelhard that     could have provided industrial waste.  They will be getting signed certifications       from both sales representatives and the generators as to the contents of their loads.   Trustee Grant asked where these records will be maintained. Ms Meket said at the       Mamaroneck facility – the central administrative facility. This also provides   some safety from conflicts of interest. The can be available to Croton.  She is                 looking a every commercial account they have now but can’t recreate the past.
She is looking to review all current accounts with Allied and a policy for any new accounts. Trustee McCarthy asked if there have there been any customers you have ceased doing business with. Ms Meket said no but they have declined some potential customers. How far back have you been able to look at your customers?  About the same time frame as the Engelhard incident.  Trustee McCarthy asked if they maintain records that show what types of materials received from various customers. The answer was no. She asked a series of questions regarding the types of records that are kept by Allied on their customers   Ms Meket is looking at commercial sources that might generate industrial waste and making sure that any C and D materials from those customers is kept separate and that both the sales rep and the generator understand the rules that govern Metro Enviro.  Trustee Wiegman said that doesn’t prevent a C and D customer from mixing non-C and D materials into their loads. Attorney Waldman would like to have the Village copied on this research and the time frame for completion.  Ms Meket said her target date is the end of this week.
        Mr. Steinmetz reiterated Metro Enviro’s offer of $1500/month for an environmental consultant to conduct an environmental compliance review.  He requested an extension of the special permit, as in the past, until receipt of the federal monitor’s report.  Mr. Waldman said Mr. Mack told him he estimated another 4 – 6 weeks.  Trustee McCarthy asked Mr. Steinmetz to provide the Village with a copy of the stenographic record made tonight and he didn’t see a problem with that.

Manager Herbek read a resolution regarding an imposition of a $50,000.00 fine for Metro Enviro.
        On motion of  TRUSTEE McCarthy,  seconded by  TRUSTEE Grant,  the  
following resolution was unanimously adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York:

Between February 2 and March 19, 2002, 18 loads of industrial waste from the Engelhard Corporation of Peekskill, New York were delivered to, and accepted and processed by, the Metro Enviro facility in the Village of Croton-on-Hudson.  Industrial waste is prohibited material that Metro Enviro is forbidden to accept under the special use permit issued by the Village.  The Village learned of these events in August, 2002, and then only because they had become known to Walter Mack, the Federal Monitor overseeing Allied Waste facilities in this area, including Metro Enviro.

It is clear that these 18 loads, each of which violated the Village’s special use permit, were not coincidentally delivered to Metro Enviro, but the product of an arrangement between Metro Enviro/Allied Waste personnel and the Engelhard Corporation.  In each instance, the fact that the material delivered and accepted was not construction and demolition debris but industrial waste was also known to Metro Enviro/Allied Waste personnel.

These multiple violations follow other multiple violations of the special use permit by Metro Enviro since Allied Waste acquired that facility.  On more than twenty separate days, the tonnage accepted by the facility exceeded the maximum prescribed by the special permit; and Metro Enviro records were manipulated by Metro Enviro personnel to conceal the violations.  Tires, which under the permit are prohibited material required to be removed from the property within twenty-four hours, were, instead, stockpiled on premises until a container load was accumulated.  Again, this constituted a series of multiple violations.  Equally disturbing, the responsible facility manager evinced no awareness of the requirement of rapid removal, demonstrating that the permit holder had made no adequate effort to educate its responsible facility personnel as to the provisions and conditions of the permit.

The Village has issued Notices of Violation with respect to the various violations specified above, but until the recent disclosure of the acceptance and processing of the 18 loads of industrial waste, has not imposed any penalty.  Standing alone, these recently disclosed violations are cause for significant penalty.  Taken in conjunction with these other multiple violations, at the very least a significant fine is not only appropriate, but necessary.  

In imposing a fine and contemporaneously issuing a brief extension of the special permit, the Village Board of Trustees wants to make clear that this action does not indicate any view on the part of the Village Board that Metro Enviro is entitled either to further extensions or a renewal of the expired permit.  The Village Board is awaiting further information from Metro Enviro and the issuance of Walter Mack’s report that will deal with the Metro Enviro facility since its acquisition by Allied Waste.  The Village Board also needs to deliberate further on the serious issue as to whether Metro Enviro’s operation of this solid waste transfer station has been such that it merits the right to continue operations there.

Accordingly, it is hereby

        RESOLVED, that the Board of Trustees hereby impose a fine of $50,000. upon Metro Enviro Transfer, LLC for multiple violations of its special use permit, as extended, based on the knowing acceptance and processing of eighteen loads of industrial waste from the Engelhard Corporation.  




Trustee McCarthy asked if there were any additional materials that were stockpiled on the site other than tires since the beginning of the facility operation.  Mr. Steinmetz said no.  He asked for a two minute recess for the stenographer to which Mayor Elliott agreed.  After the break, Mayor Elliott opened Citizen Participation for this issue only.

Maria Cudequest, 84 Grand St..  She doesn’t know who to be angry with tonight - Mr. Steinmetz, the Mayor or those on Board who voted for this permit originally.  “We told you so”.  Ms. Cudequest reviewed the situation about the violations that have occurred.  The village’s, Allied’s and the DEC’s credibility is at an all time low.  How could this all happen?  Obviously it takes the assistance of a federal monitor to ferret out this information.  Mt. Kisco residents are unhappy about Allied’s operations and lack of compliance with the settlement brokered by Arnold and Porter.  Residents have discovered that Paul Apollonio and the James Hickey were the principals in the original Metro Enviro LLC. Ms. Cudequest said this is a very bad business that has been perpetuated in the village.  She and neighbors place themselves at risk in criticizing this business with known ties to the Genovese crime family.  The transfer station was the result of three board members voting for it; it aroused concerns about the personal trustworthiness of these three trustees  - one a former trustee.  She said the approval was based on being able to impose stricter operating conditions than would prevail otherwise.  This is a myth.  Many of the conditions the Village imposed are standard to transfer facilities; the Village didn’t reinvent the wheel and Village has not been safeguarded from much.  It didn’t result in a well run transfer station or a law suit.  Criticizers have all been treated very badly.  Your sudden outrage doesn’t seem believable now.  Ms. Cudequest criticized the news release the village put out when the violations became known.It contained mostly spin. Trustee Grant’s support of this facility has been relentless and vociferous.  A fine of $50 k is nothing for the #2 hauler in the nation.  The Village needs a ‘war-time” attorney as shown by Mt.Kisco’s experience and Mr. Waldman is not such an attorney.  The Trustees sudden outrage stands in contrast to your actual record – not applied to Trustees McCarthy, Schmidt, Daubney and Harkins.  The Village has refused to hire a monitor or spend money while willing to spend on other things. The Village has refused to consider seeking advice from Arnold and Porter, probably because it was suggested by Trustee McCarthy.  You have attempted to silence your critics. If she ever gets arrested again, she would want Mr. Steinmetz to represent her but he is not the arbiter of what is important here.  We are. Other instances of violations by Allied are found around the country.  The County permit expires on Dec. 31 and DEC permit expires in November; these permits are meaningless without a facility to operate from.  No one will understand a vote in favor renewal.  If the Village is afraid of a lawsuit, we want to know why.  No longer interested in a monitor.  We will organize to oppose this permit renewal and if it is not voted down, we will vote against those who vote for it.  She said her information from Mr. Mack was that the report was postponed indefinitely.  She suggests taking the $50k fine money and hiring Arnold and Porter.  She also has names of other attorneys to suggest if Arnold and Porter cannot do it.  She wants to know about the Hudson container in the Municipal Building lot?  Manager Herbek stated that it is hired by the contractor doing the asbestos removal.  Ms. Cudequest asked if  Hudson Waste is authorized to handle asbestos waste.  Mr. Altobelli says depending on the type of asbestos , it may have a permit – friable or non-friable.  The Village needs to find out more about this company’s permits.  Citizen monitors have not been able to identify many of the truck companies going in; she suggests that if the permit is renewed, the Village obtain a list of all Metro Enviro customers – updated quarterly.  All American, a hauler, has purchased routes from Suburban Carting; are routes for sale?  The Board has abrogated its responsibility by giving the Citizens committee so much input into the permit decision.  The Mayor appointed most of the members which affects its credibility.  She requests that the Board not extend for more than 60 days so the DEC doesn’t believe we are tacitly approving the permit. Mayor Elliott stated that the Citizen’s Committee made a recommendation to the Board but the Board made the decision.  Not a Democratic or Republican issue.  Committee members were skeptical and studied it extensively before making its recommendation.


Tom Brennan, 121 N. Riverside.  Mr. Brennan said he was not up to Mr. Steinmetz’s eloquence.  If Metro Enviro’s permit was not up for renewal the Village would never have heard about the materials that were in violation.  The information would have been ‘buried’.  Mr. Brennan asked questions about the Site Manager.  He was reportedly let go because he could not talk his boss into not accepting these materials.  He lied on Bill of Lading and lied to Board,  Is this not true?  Mayor Elliott referred to Mr. Steinmetz who said that to his knowledge, Mr. Marino would have signed the Bill of Lading.  Mr. Steinmetz said he did not wish to engage in a dialogue with Mr. Brennan.  Trustee McCarthy said they have not notified the landfill that they  may have sent them non- C and D material. She wants to know in writing whether they did this or not.  Mr. Brennan asked what kind of company gives a person who did this type of thing another job in another location. Mr. Brennan stated that he knows the Village Board will approve the permit.  If so, he will be personally disgusted.  He insists on a monitor.  Until we  get 3 Republicans on Board, nothing will change.

Robert Wintermeier, 43 Radnor Ave.  Mr. Wintermeier thanked Ms. Cudequest for an excellent job of describing the situation.  Mr. Steinmetz was very insulting to him.  Must remember that Metro Enviro violated the permit regardless of whether or not the material was hazardous.  He asked the Board to vote tonight against permit renewal – do not defer for another 30 days.  We don’t want Metro Enviro here.  Make the decision against them tonight.  The employees cannot be relied upon to monitor the materials coming into there.  Mr. Steinmetz has offered $1500/month for a monitor – $18k/ year.  Can’t get anyone to do the job that needs to be done for that amount.  Village brought this upon themselves in 1998 by granting this permit.  The Citizen Monitoring reported violations and the Village never followed up.  At least the fine is some kind of action.  Here are plenty of reasons to deny.  We have spent over $400,000 to stop Pipeline.  We are not going to get hit with 7 million dollars of damage from a lost lawsuit but it would be worth it if we did.

David Tuttle – Grand St.   He can’t understand why the Board continues to deal with this matter.  Mr. Steinmetz is insulting to us and it is outrageous.  You are not defending us against these clowns.  Why are we continuing to allow these people to operate in this village?  Trustee Wiegman asked if you accept that the law has been used in many manifestations to defend against the pipeline; the same is true of the study and research needed in looking at this permit.  Trustee McCarthy stated that the Village has not been vigilant in watching this facility. Any decision made must be made on full information including all available information and the law.  If the Board has not reached this point, it cannot make a decision.  Mr. Tuttle said how long is this going to take.  He prays every night that you will make this decision tonight. Trustee McCarthy said she hears the frustration but she will not make a decision on this until we have full information. Mr. Tuttle said to take the risk and shut it down.  Why bother having this hearing.   Make the fine higher – $50k a truck load. Mr. Tuttle stated he is totally frustrated – wish could vote them all out of here.  Wishes he would have run in the last election.

Tom Brennan, 121 N. Riverside. Can one of you make a resolution to turn it down.? Where is the backbone on this Board.  Asked Attorney Waldman if that was legally possible.  Mr. Waldman stated that there is a limit to the amount that can be fined. Mr. Brennan asked where did you come to this $50k number?  

Richard Pellicci, Radnor Ave.  Everything has been said.  You are representing us – just do the right thing.  Going on 4 ? years.  Mayor Elliott said that everyone is trying to do the right thing.

Joanne Minett, 5 Van Cortlandt Place. She questions the integrity of the Board.  The Manager does not know the contractor on site; a Trustee who does not concern herself with administration of the site. Citizens not represented as a community.

John Giglio, 50 Emerson Ave.  He agrees with what has been said.  Mr. Giglio stated that the Board give them a temporary shut down instead of an extension until you are able to decide.  Trustee McCarthy asked him to describe his experience as a citizen monitor with Paul Rolnick in an instance when a load of stationery was dumped on the pad. Mr. Giglio stated that he and Mr. Rolnick observed stationery materials on the pad and they reported it but he didn’t know what happened.  Trustee McCarthy said that nothing happened – the Village did nothing.

Richard Lee, 82 Grand St.  Mr. Lee stated it is time to step up to the plate – demonstrate some backbone.  Many silent people like him who cannot make meetings but watch and are sick of the situation.

Ann DiCioccio, 12 Irving Ave.  Ms. DiCioccio referred to 1300 signatures on a petition provided to the Village Board four years ago.  Stated that the Board ignored the wishes of many residents in voting for the permit.

David Goldman, 76 Young Ave.   It seems to him that there is enough evidence to turn down the permit tonight and then reconsider if the Mack report provides that kind of input.

Mayor Elliott closed input on this matter and read wording to be added at the end of the proposed resolution.  Trustee Grant moved the resolution, seconded by Trustee McCarthy.  Trustee McCarthy moved the amendment to the resolution, seconded by Trustee Wiegman, followed by unanimous approval.  

Discussion on the main resolution:  Trustee McCarthy stated she has been concerned since she came on the Board.  She felt that the permit should  have been denied 4 years ago.  Recent events have shown her concerns to be valid. Hopefully, everyone now understands her concerns.  She said the Village Board needs full information on the ultimate issue of whether or not to renew and how long if it is.  She knows that the residents here tonight would like the vote to deny but she cannot do that without the necessary information. Mayor Elliott asked if October 7 is still a viable date.  Attorney Waldman said that the Mack report will not be available by then.  Trustee Schmidt asked how we can move the Mack report along.  Attorney Waldman stated that the subject matter of the report goes well beyond Metro Enviro and we don’t control the process.  The reason for the further delay is due to the violations recently found both here and in Mt. Kisco.  These came up near the end of the process.  Mr. Mack says he still has work to do. He is empowered by the federal court to do this.  The Board agreed to change the date to October 21 in the resolution. Trustee Schmidt asked Mr. Steinmetz not to try again to convince him that nothing hazardous was involved. He insults our intelligence.  Trustee Grant said she is not going to justify things some of the speakers said tonight.  She has never had her integrity questioned.  She appreciates Mr. Steinmetz’s professionalism over the years.  There is no question that she has been a supporter or at least an acceptor of the Metro Enviro permit.  She felt it was the best thing to do for the Village of Croton.  Felt that they had a right to be there and gave them an opportunity to show they could run the facility properly.  The citizens committee worked very hard and they have also been maligned tonight.  It has not worked out as they all hoped.  Metro Enviro betrayed her trust – no amount of money can overcome that.  She is sick and tired of having her trust betrayed not only by Metro Enviro but by the current business and investment community.  The damage has been done.  Metro Enviro should understand why proof positive will be required in the future; there will no taking of their word.  The burden relies absolutely on Metro Enviro.  Not the village’s fault Metro Enviro is in the position it is in today.  She put herself out on a limb with her neighbors who now question her integrity – not worth it to her.   Mayor Elliott said that no one could put it better than Trustee Grant did.  The Village has provided leadership on many things, with backbone, the pipeline, Indian Point, for example.  We need more information; need to do the prudent thing.  Trustee McCarthy asked Mr. Steinmetz what the time period was after you were told by the federal monitor and before informing the village regarding the Engelhard violations. Mr. Steinmetz said that the monitor did not advise him personally; the monitor holds periodic meetings with Allied and it was raised at one of those meetings. The monitor asked Mr. DiNapoli to conduct his own internal investigation on this matter. This occurred sometime in June.

        On motion of  TRUSTEE Grant,  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, 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 and 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 on June 10, 2002 approved a further extension of the special permit until the end of the day on September 9, 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 October 21, 2002, and
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 October 21, 2002, and

BE IT FURTHER RESOLVED: that in imposing a fine and contemporaneously issuing a brief extension of the special permit, the Village Board of Trustees wants to make clear that this action does not indicate any view on the part of the Village Board that Metro Enviro is entitled either to further extensions or a renewal of the expired permit.  The Village Board is awaiting further information from Metro Enviro and the issuance of Walter Mack’s report that will deal with the Metro Enviro facility since its acquisition by Allied Waste.  The Village Board also needs to deliberate further on the serious issue as to whether Metro Enviro’s operation of this solid waste transfer station has been such that it merits the right to continue operations there.

5.  CITIZEN PARTICIPATION cont’d

Karen Jescavage-Bernard, Quaker Bridge Road.  She has brought more than 160 names on a petition from people in the area under consideration for annexation.  All are opposed to annexation.  She hopes to also present it to the Sept. 24 Town Board meeting.  The Village should not rely on media to disseminate this information.  Mayor Elliott said this is only a committee to study whether this is a good idea or not; there is no proposal on the table at all.  Task is to see what the pros and cons of this might be.  No preconceived idea whatsoever; there is no proposal for annexation.  He commented that sewer taxes are billed by the county – only taxes that might be affected are town taxes and school taxes. Ms. Jescavage-Bernard said they were irritated that they were not asked their opinion. They don’t want your committee to study this question and want their opinion to be asked.   Trustee Wiegman reviewed the lengthy process by which this would move forward if there was a recommendation to do so – a very lengthy process; as much as three years.  Looking at it will teach us a lot about the situation. Ms. Jescavage-Bernard suggested that they send a survey out with the tax bills.  Trustee McCarthy asked if that is what it comes down to - a question of the taxes. Ms. Jescavage-Bernard said she does not want to be part of the village.  Why would she?  Doesn’t benefit her in any way.  Trustee McCarthy said she finds this very interesting in light of the continuing requests from school district residents to utilize village resources.  Trustee Schmidt suggested the committee keep minutes and post them on the web site.

Bob Wintermeier, Radnor Ave. On annexation, why are we studying this to begin with?  Would like to know what the political makeup of those registered in the other area that is considered for annexation.  How would this affect political outcomes.  Why spend money on it?  Mayor Elliott said no money is being spent on this.  Mr. Wintermeier also wants to know who owns the current properties – realtors? Would this be advantageous to them?  Better off focusing on Metro Enviro than this.

Victor Kazim of Town of Cortlandt – What gives one town the right to annex another?  Mayor Elliott stated that there is no right.  All affected residents would have to vote on this matter based on a petition requesting such a vote submitted by 20% of registered voters in the area to be annexed.  Mayor Elliott said that if it doesn’t make sense, it will not move forward.  Mayor Elliott said it came up in the context of a contribution to the school district which the Village residents pay more for proportionately than school district residents.  

Tom Brennan, 121 N. Riverside. Regarding the skateboard park, it looks like the kids are having fun but it is still the worst place in the world for putting a skateboard.  Kids were crossing and holding up traffic.  Mayor Elliott stated that the Village is awaiting the state to approve additional safety crossing features.   Mr. Brennan asked the cost.  Manager Herbek said about $150k.   The original figure of $75k was only an allocation for budget purposes which the Board wanted. Mr. Brennan said he saw a large truck backing into this park while the kids were there.  He wants the Board to admit that this is a dangerous place for the park.  Trustee McCarthy reminded him that the skateboard representatives came in that night and wanted it to be located exactly where it is now.  They are taking all due measures to improve safety at cross walks, but she is concerned about the truck incident.  Trustee Grant said that parents must take some responsibility.  Mr. Brannan said the kids are all going down there – not walking but riding on their skateboards.  
Supervisor should deny access if sees kids arriving on their boards.   

John Giglio.  Mr. Giglio stated that many school district residents feel they are part of Croton by attending school here.

Bob Wintermeier.  Mr. Wintermeier feels that the skateboard is an excellent facility – well built, well used. Attracts people to Croton.  Commends the Board on this facility.

Anne DiCioccio.  Regarding annexation,if it occurred.  If this doubled our land area and increased the  population, would it be possible to secede from the Town of Cortlandt?  Mayor Elliott said this was a good question and one of the things that could be studied by the committee.  Manager Herbek explained the lengthy procedure that would be required – years of work.

David Tuttle.  Mr. Tuttle feels that the skateboard park is in an appropriate place.  Compliments to the Village Board on it.  He said the evacuation signs are up in the Village.  What are we doing about it?  Manager Herbek said our objections were made to Mr. Salley both through Mr. Wishnie and a group of area towns. The County Executive has taken a very strong position on this at the last Council of Governments meeting.  Mr. Spano said that it was in the overall public interest to do it and he was going to do it.  He has the authority to do it.  Trustee McCarthy suggested developing an identifiable logo to represent this (evacuation points) and promoting this logo. Trustee Schmidt noted that no legislator has put his name on it.  Maybe add another sign saying this ‘beautification project is courtesy of Andy Spano”; also “If the bus doesn’t show up please call,”  Mr. Tuttle reminded the Board of the Candlelight gathering scheduled tomorrow night for a non-denominational gathering to reflect on the events of September 11, 2001. in Vassallo Park.

Maria Cudequest. Regarding evacuation signs. She is sure Mr. Spano will find out these signs are more expensive than he thought.  On annexation she has mixed feelings; thinks we have problems with our existing square footage.

6. RESOLUTIONS  cont’d.

b.      Calling for Public Hearing to discuss Community Development Block Grants applications.


On motion of  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, the Village is intending to apply for three Community Development Block Grants for the fiscal year 2003-2005 cycle; and

WHEREAS; these applications are due on September 30, 2002; and

WHEREAS, the projects proposed are (1) replacing sidewalks on Maple Street between Old Post Road South and Grand Street, (2) replacing sidewalks on Wayne Street, and (3) Improvements to the Brook Street Stream Corridor; and

WHEREAS, the rules of the Westchester County Urban County Consortium require that a Public Hearing be held to discuss the proposed projects before the applications are submitted,

NOW, THEREFORE BE IT RESOLVED: that the Board of Trustees hereby calls for a Public Hearing on September 23, 2002 to discuss the three Community Development Block Grant applications.

     c.   Declaration of three vehicles as surplus property.

        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, the Village mechanic has identified three vehicles which are no longer operational because they are in poor condition, and

WHEREAS, prior to disposal of these vehicles, the Board of Trustees must approve a resolution declaring these vehicles as surplus property;
 

NOW, THEREFORE BE IT RESOLVED:  that the Village Manager is hereby authorized to dispose of these vehicles:  a 1992 Ford Crown Victoria, VIN: ending in 5000; a 1989 Dodge W-350, VIN:  ending in 7138; and a 1992 Ford Crown Victoria, VIN:  ending in 8739, by means of sealed bids or by public auction.

              d. Authorizing Village Manager to sign a contract with Healey International Trucks for the purchase of a catch basin cleaner in the amount of $140,817.
        
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 wishes to purchase a new catch basin cleaner (VAC-ALL) for use with its street maintenance program throughout the Village; and

WHEREAS, The Village bid out the specifications for the new system, and only one bidder responded out of four (4) canvassed, which was Healey International Trucks, Inc. at a bid of  $140,817.00; and

WHEREAS, money for the system was budgeted in the Capital Fund under account # 003-5130.0200.0203.0085 (VAC-ALL)

NOW THEREFORE BE IT RESOLVED:  that the Village Manager is hereby authorized to sign a contract with Healey International Trucks, Inc., 2 Taylor Avenue, Poughkeepsie, NY, 12601 for the purchase of a VAC-ALL.


     e. Authorizing Village Manager to sign a contract with the Westchester County Planning Department in order to receive CDBG funds for the purpose of purchasing a new Senior Citizen Bus.

                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 applied for CDBG funds in the last funding cycle of the CDBG program to replace the Senior Citizen Bus which is at the end of its useful life, and

WHEREAS, the Village’s request for funding to replace this vehicle in the amount of $50,000 has been approved by the Westchester County Planning Department, and

WHEREAS, it is now necessary to sign a contract for this purchase with Westchester County,


NOW, THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign contract number C-67-02-M61 wherein the Village will receive $50,000 to replace the Village’s Senior Citizen Bus.
 f. Authorizing Village Manager to investigate a proposed retainer agreement with Arnold and Porter with reference to the Metro Enviro Transfer LLC Operation.

On motion of Trustee McCarthy, 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 vote of 3 in favor (McCarthy, Schmidt, Wiegman) and 2 opposed (Grant, Elliott):

        WHEREAS, the Village of Croton-on-Hudson is considering Metro Enviro Transfer LLC’s application for renewal of the special permit formerly issued to Metro Enviro LLC; and

        WHEREAS, the Village Board of Trustees wishes to retain additional legal counsel to advise it in connection with, among other things, the consideration of this application for renewal of the special permit; and

WHEREAS, Arnold and Porter has represented the Village of Mt. Kisco in connection with a waste transfer station in their community.

        NOW THEREFORE, BE IT RESOLVED THAT the Village Manager is hereby directed to contact Arnold and Porter to obtain, for consideration by the Village Board, a proposed retainer agreement with Arnold and Porter to be special legal counsel to the Village in connection with the application for renewal of the above-referenced special permit and all other matters relating to that special permit or the Metro Enviro Transfer LLC operation.

        Discussion: Trustee McCarthy said this is the second time she is proposing this resolution. It is important to have additional legal advice on the Metro Enviro matter.  The Village has hired other legal help on many other issues in the past including the prosecution of the B&B matter a few years ago. It is time to do this. Hopes the Board will reconsider its prior stance and support this resolution.  Owe it to the community to make sure we have been provided with all available advice on this. Trustee Schmidt agreed.  Mayor Elliott stated that Arnold and Porter is a fine firm.  He has full confidence in Attorney Waldman’s ability to handle this – he would tell us if he could not handle it.  We have seen that even with Arnold and Porter on board, Mt. Kisco has found that they have more violations to their permit than occurred here.  Trustee Schmidt said this is not a criticism of Attorney Waldman.  Law is specialized and we need a specialist.  Trustee McCarthy said the public has a right to know why you won’t support this.  Trustee Grant said she is sick to death of the innuendos that certain trustees and Maria Cudequest suggest about other members of the Board. A lengthy exchange ensued between Trustee Grant and Ms. Cudequest. Trustee McCarthy said her level of frustration is very high after everything that has happened.  Attorney Waldman provided clarification of why he did not prosecute the B&B case mentioned by Trustee McCarthy. It was because he made it clear that when he became Village Attorney he would not do labor relations or prosecutions in the Village court.  This matter started out as a prosecution in the Village court. Trustee McCarthy said the Board must do our best to protect village residents and utilize the best resources available.  No one can dispute the credentials of Michael Gerrard of Arnold and Porter.


7. REPORTS:
       
Manager Herbek:  Mr. Herbek announced Daniel O’Connor as the new Village Engineer. He was employed by Dutchess County Health Dept. for the last 7 years. He reviewed his history of employment and areas of expertise.  He welcomed him.  Kary Ioannou will be available to assist Mr. O’Connor is getting started in the Village.    Croton Dam Road update -  Eleanor Soderlund found that a new bridge will be built and is being designed with construction to begin May 2003 with completion Sept. 2004.  Until completed the road will remain closed.  September 20th there will be an all day session with James Witt, the Governor’s appointee to evaluate Indian Point involving elected official, education, health care and hospitals and an open public forum.  Arrests have been made at the skateboard facility.  There has been some vandalism.  After the candle light ceremony tomorrow night, there is a work session scheduled to discuss the Board’s goals and objectives, the cable franchise renewal process and a FD request for aerial truck equipment.

Trustee Wiegman: Philipstown League for Environment and Safe Energy is having a free workshop on energy conservation and renewable resources on Sept 21, 1-4 pm at the   Philipstown Town Hall.

Trustee McCarthy: When is the Dvirka and Bartilucci study coming in?  Manager Herbek stated he does not know exact dates - probably October/November.  She wants to know the water lines to be replaced and a schedule after it is decided which ones. She passed along a suggestion from a resident to install video camera in vandalism-prone areas.  Manager Herbek stated that Lieutenant Tramaglini is already taking the lead on this and looking into equipment


Trustee Schmidt: Regarding the drainage problems on Brook Street.  Are we keeping up with cleaning the necessary areas?

Trustee Grant: What does one do with empty propane tanks?  Nobody will take them.  Mayor Elliott said people take them back to where they purchased them.  Trustee Grant stated that she never attended a meeting where the disrespect and rudeness and insults were as bad as they were tonight.  Doesn’t understand why others, including the other Trustees, don’t stand up and object to this type of behavior.  Trustee McCarthy said that everyone has a right to say what they want.  Trustee Grant said that is not so.  She will not allow this way of conducting Village business and tendered her resignation. Mayor Elliott said he would not accept it.  Trustee Grant declared that Trustee McCarthy and the ‘gang of ten’ in the audience had won.  She left the meeting room at 1 pm.


Mayor Elliott: The Mayor said it was with great regret that he accepted Sally Odland’s resignation from the Water Control Commission.  He is very happy to appoint Charlie Kane to the position of Chair.   He commented on her help with the pipeline presentation.  He also appointed Mary Cain to the new vacancy.  Trustee McCarthy said she felt that this should have been advertised.  Manager Herbek said it has been in the past and Ms. Cain has been attending WCC meetings in the recent past. The Mayor said that he is still searching for many other volunteers for other committees.  He appointed Marianne Bosshart-Littman to the VEB.   Trails committee members are also needed.

The meeting was adjourned at 1:08 am on Tuesday, September 10, 2002 on a motion by Trustee Schmidt, seconded by Trustee Wiegman, and approved by a 4-0 vote with Trustee Grant absent.


Respectfully submitted



Ann H. Gallelli, Secretary


__________________________
Village Clerk