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Board of Trustees Minutes 09 23 02
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, September 23, 2002 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.

The following officials were present:

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

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

Village Manager Herbek introduced Dan O’Connor who has been appointed Village Engineer; starting today.  Mr. O’Connor was with the Dutchess County Health Dept. for 17 years and has assisted and guided many municipalities.  Former Village Engineer, Kary Ioannou, has taken a teaching position with Westchester Community College, but will be available part time to facilitate the transition.

Trustee Grant made a motion to approve the minutes of the Regular Board Meeting held on September 9, 2002 as corrected.  Trustee Wiegman seconded the motion.  The Board voted unanimous approval.

Trustee Grant made a motion to approve the vouchers as follows, subject to review by the Audit Committee.  The motion was seconded by Trustee Schmidt and approved unanimously.

                General Fund                    $  31,395.63
                Water Fund             92.93
                Capital Accounts        41,192.52
        Trust & Agency    1,509.42
                        $  74,190.50    


a)      Manager Herbek explained the nature of the proposed 2003-2005 Community Development Block Grant applications and advised that notice of the Public Hearing has been published in the Gazette and the Journal News on September 19, 2002.  

Mayor Elliott opened the Public Hearing.

Josh Moreinis, citizen liaison to the Community Development Advisory Group, urged the Board to support these projects.  Village Manager Herbek added that Josh has been a very active member of the Community Development Advisory Group & has helped formulate the criteria for the Village to qualify for these programs, adding that the Village has had to conduct income surveys and this year Josh helped with this.

1.      Village Manager Herbek read the following resolution for the Maple St. neighborhood improvements.  He added that both sides of Maple Street will be done, this project is number 1 in priority and will complete the sidewalk renovation in this area.

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 with the following vote:  Trustees Wiegman, McCarthy, Grant and Mayor Elliott, “aye”; Trustee Schmidt, “no”.  

Resolution Endorsing the CDBG Application for the Maple Street Neighborhood Improvement Project

WHEREAS, the Village of Croton on Hudson is seeking Community Development Block Grant (CDBG) funding for Maple Street between Old Post Road South and Grand Street; and

WHEREAS, funding will be for sidewalk replacement and catch basin replacement; and

WHEREAS, the total project cost is estimated at $211,941; and

WHEREAS, the Village pledges a $105,970 local share with a grant request of $105,971,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby endorses this Community Development Block Grant application being submitted for the FY 2003-2005 Funding Cycle.

Public comments:  

·       Tom Brennan, N. Riverside Ave., stated that the last time he saw sidewalk work like this, he noticed good portions of sidewalk in perfect condition being replaced; he suggested the Village should pick up the good concrete and replace it at the end.  Mayor Elliot replied that he will pass this suggestion on to the Village Engineer.  Village Engineer O’Connor replied that this may not be feasible because of sidewalk elevation changes between the new and old sections which will be at different elevations; however, he can look at doing a large portion, if there are any.  Village Manager Herbek added that the original intention was to only replace the brick because a lot had come loose, but when completely evaluated and with the additional funds received from the County, it made sense to do the whole section;  the other problem with partial replacement is that it becomes a patch-work, which esthetically is not the best way to go.  Trustee Schmidt stated that the Village should not replace the new section by Dobbs Park.
·       Cornelia Cotton, 111 Grand St., encouraged those who are planning these projects to keep in mind that if there are any old hand-hewn bluestone curbs to see that they are saved if they are salvageable and suggested that extra money can be found to put in better, granite curbs.  In her opinion, concrete curbs are ugly and don’t last, they crumble, are ephemeral, not a long-lasting solution and not nice looking; everyone should be proud of Village and how it looks and solid granite curbs are much better.
·       Maria Cudequest, 84 Grand St., stated that she has a concern that they have to use the specifications as they are given to the Village; previous paths are sealed with a slippery substance and this should never happen again, no sealer should be put on anywhere else.  Village Manager Herbek replied that he will ask Dan to take a look at this slippery area; Maple Street area has no brick work and they are only looking at concrete.

Board Discussion

·       Trustee Schmidt stated that in discussions at a work session, he was not in favor of doing this area and has concerns about putting this on the list of priorities at this time; he still has the same concerns and asked that the new village engineer carefully review these plans before going out to bid.  He is not in favor of putting this project on the list.

·       Trustee Wiegman stated that the funding cycle is for the years 2003-2005 and perhaps 2 or 3 years from now, if not a high priority now, it can rise to that level.  Village Manager Herbek stated that the Board can change priorities around if the Board agrees to do so before the applications are submitted.  

·       Trustee McCarthy added that this might be a good idea; although work should be done in this area at some point.  Trustee McCarthy stated that she would like to know what it would cost to bury power lines when sidewalks are being ripped up now.  Village Manager Herbek replied that there are no CDBG funds available to bury utility lines, it is very costly; some Villages have done it, but they must investigate all costs.  He added that he doesn’t recommend holding up this qualified project, but it is up to the Board to decide.

·       Trustee Schmidt stated that just because the money is available, it doesn’t have to be spent on this project, there are other priorities in the Village such as no sidewalks from Batten Road going into the Village and using the money being spent on this project would certainly make a dent on getting a sidewalk in that area.  Trustee McCarthy replied that perhaps they should re-prioritize the items on this list.  Trustee Wiegman replied that he suspects this is project number one because it would have the highest impact.  

3.      Village Manager Herbek presented the following resolution for the CDBG grant application for the Wayne St. project.  He added that this is finishing up the project in this area; it has been problematic, with sidewalks on both sides of the dead-end street and fender-bender accidents taking place; he has been meeting with residents in that area for a number of years; it also will improve emergency access.

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:  

Resolution Endorsing the CDBG Application for the Wayne Street Neighborhood Improvement Project

WHEREAS, the Village of Croton on Hudson is seeking Community Development Block Grant (CDBG) funding for Wayne Street between Benedict Boulevard and Croton Point Avenue; and

WHEREAS, funding will be for sidewalk replacement, drainage improvement, and widening of the street; and

WHEREAS, the total project cost is estimated at $93,500; and

WHEREAS, the Village pledges a $46,750 local share with a grant request of $46,750,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby endorses this Community Development Block Grant application being submitted for the FY 2003-2005 Funding Cycle.

Public Comments:

·       Don Daubney,  45 Bungalow Rd., asked if there is no storm sewer on any side of the street and if so, the plans would have to include directing water off that street;   standing water has been a long time problem; also telephone poles are on one side of the street and assumes they would put the sidewalk on the tree side; he suggested putting grass between the sidewalk and the street.  Mr. Daubney stated that there is a lot of parking on that street and what would prevent automobiles from parking on the grass.  Village Manager Herbek replied that the road will be widened which should prevent that.  He added that possibly one tree may have to be removed.  Mr. Daubney suggested that instead of grass, they should put in a drainage area.  Village Manager Herbek replied that he would take up the issue of ponding in this area when they begin the design plans.  Mr. Daubney asked that this be a well planned project so it doesn’t have to be done again

·       Tom Brennan  asked how the cost estimates come to fruition and if the village engineer does it.  Village Manager Herbek replied that they follow cost guidelines plus County Planning Dept. assistance and it is based on engineering estimates; jobs go out to bid, but jobs have come in underbid and overbid.  Village Manager Herbek replied that cost estimate for this project did not take into consideration putting in a whole new storm drainage system, but did take into consideration the cost of the sidewalks, the cost of curbs and the cost of repaving the street and demolition work; he will bring the drainage issue up when they do design plans and will provide a survey to the County Planning Offices where the design work will be done.

·       Maria Cudequest, 84 Grand St ., stated that the drainage system last year on this street was horrendous and stretched for miles; it should be looked at in winter because the ice situation is very bad.

Board Discussion

·       Trustee Schmidt asked if there will be parking on both sides of the street.  Village Manager Herbek replied that this will be up to the neighborhood, there is currently parking on both sides now; the street will be wider because the plan is to remove one section of sidewalk.  Trustee Schmidt asked that there be a meeting with residents when plans come back.  Village Manager Herbek replied that this will be done so the residents can take a look at the plan before going out to bid.

c)      Village Manager Herbek presented the resolution for the CDBG application for the Brook Street project.  He stated that this is to reduce negative impact to the residents of Brook Street from excessive storm water runoff .  Village Manager Herbek added that they will construct sub-surface drainage pipes and catch basins.  Trustee McCarthy stated that the study is far in excess of $200,000.  Village Manager Herbek replied that that study goes way upstream and would probably start at Kaplan’s Pond; the hydrology work is not completed yet.  Trustee McCarthy stated that it is her opinion that this project should be priority number one and have they included as much as possible in this grant application.  Village Manager Herbek replied that he does not have enough information to include all that is needed in this application but this will help substantially and is a piece of the puzzle.  

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

Resolution Endorsing the CDBG Application for the Brook Street Neighborhood Improvement Project

WHEREAS, the Village of Croton on Hudson is seeking Community Development Block Grant (CDBG) funding for Brook Street; and

WHEREAS, funding will be for the amelioration of excessive stormwater runoff through the Brook Street stream corridor; and

WHEREAS, the total project cost is estimated at $200,000; and

WHEREAS, the Village pledges a $100,000 local share with a grant request of $100,000

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby endorses this Community Development Block Grant application being submitted for the FY 2003-2005 Funding Cycle.

Public Comment:

·       Tom Brennan stated that he recalls that this whole street was paved not too long ago and asked if a good part of this pavement will be ripped up.  He added that he believes a good deal of the drainage is under the street. Village Manager Herbek replied that he just recently learned that this type of drainage work was going to be recommended and thinks Mr. Brennan is referring to the concern about the possibility of putting a massive pipe down Brook St., but this is not that, this is storm drainage work.

No further comments were heard.  

Mayor Elliott closed the Public Hearing.

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

        a.      A letter from Michael Gerrard, Arnold & Porter, setting forth the mutual understanding as to the basis on which their fees and related expenses will be charged to provide legal services to the Village in respect to MetroEnviro. Village Manager Herbek added that the Board met on Saturday morning and agreed to retain this firm.

b.      A letter from Frank Fish and Elana Vatsky Mass regarding Gateway Overlay Zones; they have provided a draft of the proposal; it stays consistent with discussions held with the Board on July 15th; some issues need to be discussed and decided by the Board of Trustees.  Trustee McCarthy stated that she has comments that she would like discussed.  Village Manager Herbek replied that this may lend itself more to a work session and can be added to the agenda for Wednesday night. Trustee McCarthy stated that she wished to discuss question 1; she feels it is very important for the Village Board to handle these applications.  Trustee Grant added that the Comprehensive Planning Committee should be at the work session also.

c. A letter from David Stang, requesting permission for a neighborhood block party on Saturday, October 5, 2002.  Trustee McCarthy made a motion to approve the request with the usual caveats, seconded by Trustee Wiegman, approved unanimously.

d.1     A letter from Carol-Ann Lakovitis-Pucci, 55 Hasting Avenue, taking issue with how the repaving of a section of Benedict Blvd. was done and taking the staff to task for not notifying the neighborhood more effectively.  Village Manager Herbek stated that the paving was done with new material and the drying time was estimated as 30 minutes, but took up to 2 hours to dry.  He added that they will notify residents in a more appropriate manner in the future.  Trustee McCarthy stated that even a 30-minute delay in that land-locked area such as Benedict Blvd. is a problem if you cannot get to your house.  Village Manager Herbek replied that next time each resident will be notified at least a week in advance.
d.2.A letter from Roger Solymosy thanking Ken Kraft and a village police officer for their quick response to dangerous tree limbs that were on the road after a storm on September 11th.  

e.      A letter from Christian C. Semonsen, Kirkland & Ellis, enclosing a copy of the Order Issuing Certificate, Granting and Denying Requests for Rehearing and Clarification that FERC issued in the Millennium proceeding.  Village Manager Herbek added that there is nothing in the order that was unexpected; FERC also rejected the argument that the plan violated the Coastal Zone Management Act; Millennium is required to obtain an amended water quality certification, however, this is not a major impediment to Millennium to move ahead.  He added that Kirkland & Ellis will review and give him an update and they are in process of filing a notice of appeal within 60 days as required. Village Manager Herbek stated that there is some additional evaluation work that needs to be done over & above the initial proposal of $30,000; the new proposal has a budget of $50,000; these additional funds are needed to pursue the hearing that is coming up; they are working very closely as a partner with Briarcliff who will be sharing half the cost of this.

f.      A letter from William Rooney; 84 Grand Street, stating that he takes offense to remarks recently made by Trustee Grant at the board meeting of September 9th and what he feels is an attempt to shift the responsibility for having MetroEnviro into the Village.

g.      A report from Environmental Assessments and Solutions who have been monitoring the work progress and occupant safety related to the asbestos and lead abatement work being done in the Municipal Building.

        1.      John Harbeson stated that he was glad to see Trustee Grant where she belongs; she works hard for the Village.  Mr. Harbeson added that this Board and Village cannot have contentiousness as happened at the last Board meeting; this is not Croton; he thinks there has to be a rule of civility, this is what keeps the Village together and why residents like this Village; people’s motives and integrity should not be questioned; this cuts off debate and stops public business.  Mr. Harbeson presented a proposal: if a speaker appears to be questioning integrity or motive, he should be warned and if it continues, this person should be declared out of order.

2.      Tom Brennan 121 N. Riverside, asked the Board why correction of the minutes has to be done at the beginning of the meeting; perhaps it can be done at a work session.  Trustee McCarthy replied that it could be done at the end of the meeting.  Mr. Brennan stated that he attended the Rotary Car Show event yesterday; it was done well, was a great affair that raised a lot of money for the Rotary and charity.  He added that Trustee Schmidt and Village Manager Herbek did a great job.  Mr. Brennan commented about the last meeting’s events; that he comes to the meeting to speak his own mind; things happen, tempers flair; he apologized if he got out of line.  Mr. Brennan congratulated the Board for hiring Arnold & Porter for MetroEnviro.  He added that he does question the Board’s judgment and accountability at times and will continue to do so.

3.  Paul Rolnick, 1 Alexander Lane; stated that he wrote that letter and has a tape; that is how he came to that judgment; he believes completely in what he had said; he believes that the intent clearly was to suggest that he had paid the Croton-Cortlandt Gazette to run that letter which was not the case and he believes that Board members were not taking bribes.   

4.  Don Daubney made a statement about water to the Arboretum from the golf course, saying that he is a water monitor and last spring he looked at the gauge & discovered no movement; he reported that to the Board of the Arboretum and the Village engineer.  He added that a month later he observed there was still no movement of the gauge; he then went personally to the Village engineer, adding that the Village was under water restrictions, but plenty of water was going to the golf course; the golf course had moved the direction of water to this pipe; the Village Engineer said that he can measure how much is coming from a municipal source.  Mr. Daubney stated that this issue started in April till August and still exists; the water should not be all from the municipal water supply and he fears the Village’s water supply is not adequate for immediate needs and if it will be in the near future.  Mayor Elliot replied that there has been a study of the Village’s water supply.  Village Manager Herbek replied that the Village has three deep wells that are capable of pumping 3 million gallons per day; they are currently pumping about 1.2 million gallons per day; the amount pumped in the winter is lower and ranges from  .8 to 1 million per day.  Mr. Daubney asked if there is not a general water shortage and the county is not enforcing the restricting of water and if we had a period of hot weather, would the water supply cover fully?  Village Manager Herbek replied that the report also carefully lays out drought situations; the Village pumps from an underground aquifer, the pumps are in good condition and are now automated.  Village Manager Herbek added that he may be talking to the Board about putting in one additional well to give a feeling of comfort and to provide a safety valve if one well did go down.  Mr. Daubney stated that any study done in the ‘80’s has little value for today because of additional work that has been done.  Village Manager Herbek replied that it is relevant because they were using test wells to lower the water to see if the aquifer could be changed; improvements to pump stations have been done but the studies are still good.  Trustee Wiegman added that water conservation is always a good thing; an adjustment in water rates was approved a few months ago in which people who are the lowest users get a break and folks that are large users will be charged a higher rate to get everyone to think about saving.  Mr. Daubney added that it was brought to his attention that the new kiosk is here; the Lions & Chamber will come through with the money they promised.  He also complimented Trustee Grant for her decision to stay on the Board; it would have placed the Village government in an awkward position and is pleased she made this decision; he believes all are trying to do the best for Village and he doesn’t feel any need to question any member of the Board’s integrity; all are prone to make a poor decision; on the MetroEnviro issue, there was no report to the Board as a whole concerning any conversations with Paul Appolonio prior to his rejuvenating the area; he felt that somehow, somebody gave him the impression if he cleaned it up, it would probably be a good idea to operate a recycling operation there.  He added that if content of the DEC meeting had been explained to him, he would have felt better; everyone should be open with each other.  Mayor Elliott replied that the meeting Mr. Daubney referred to was a meeting he and Village Manager Herbek attended as observers with the DEC to see that the DEC was doing their job.  Mr. Daubney stated that a report on this DEC meeting should have been given to the Board so inferences could not be made; someone, perhaps the DEC, gave Mr. Appolonio the impression that he could clean up the property and move forward; the majority of the people who came to the meetings did not want the facility, but it was approved.   He added that it was known before the vote that James Hickey was involved in the property, they knew Mr. Liguori stayed on the property as a tenant and he knew he was breaking the rules.  Mr. Daubney added that he is not placing blame, but is saying that decisions were made that were not best for Village; attempts for professional oversight was turned down in favor of citizen’s committee which was doomed from the outset; they (Metro Enviro) never should have been trusted in the first place, Allied Waste is the 2nd largest owner of a firm of this type in this country and has been fined many times; they have to be supervised.   He added that it should be admitted that the Board made bad decisions.  He asked that all elected officials vote and act what they feel is best.

5.  Richard Pellici - 65 Radnor Ave. stated that he was a participant in sidewalk the 50/50 sidewalk program; he paid $2,800, which was a huge saving.   He added that he was at the previous meeting and apologized for anything said that was misconstrued.  Mr. Pellici added that he came from E. 84th St., NYC, and wanted to get as far away from garbage trucks as possible; he purchased a home in Croton but when he heard MetroEnviro was possibly coming into town, he went to Village meetings and even looked at other municipalities to move in to; he still lives in Croton and asked the Board to do the right thing for Croton.

6.      Ann Harbeson stated that allegations were made that Mr. Rolnick paid to have his letter printed in the Gazette and takes offense to that; they do not print letters in exchange for cash payments.  Ms. Harbeson addressed that the derisive, hostile environment that the Village Board has had to endure; the 5 members of the Village Board are elected officials, so when officials are subjected to such derision, so by extension are they all; why anyone would want to run for the Board when there is such behavior is a mystery to her; far too many potential candidates are turned off by theatrics that have taken over some Village Board meetings.  Ms. Harbeson questioned what has happened to civility; the community must treat public officials with the respect they earned from ballot boxes; the community has lost its political compass and it’s time to act like the responsible citizenry that has been shown in the past; all people of Croton deserve no less.

7.      Carl Grimm, 5 Cook Lane, stated that he is glad to have Trustee Grant back on the Board; he one of the people who is for MetroEnviro; he deals with architects and construction debris and would like to see a place where this material can be properly recycled; he has not heard of any health hazard violations that they have had.  Trustee McCarthy replied that she believes there are some health, safety and welfare issues presented by this facility.    Trustee McCarthy stated that the vast majority of the material accepted at Metro Enviro is not recycled; it is shipped to a landfill.  Trustee McCarthy also asked if Mr. Grimm was aware of the fire that had occurred at the facility that day.  Mr. Grimm stated that it is normally a very clean site.  Trustee Schmidt stated that MetroEnviro perhaps does not have hazardous stuff there all the time, but there is a potential.  Trustee Schmidt added that Croton has done its fair share with what is in the backyard such as Indian Point, Charles Point and Croton Point which is a superfund site; they don’t deserve to have one additional thing.  Mr. Grimm replied that if unsuitable material ends down at the site, it is the contractor’s fault and they will be fined.  Trustee McCarthy replied that MetroEnviro has done things that have violated the permit and have tried to conceal these from the Village.  Mr. Grimm stated also that they are not in a residential area unlike other communities.

8.      Maria Cudequest, 84 Grand St., stated that 95.6% of all material delivered to MetroEnviro goes to an Ohio landfill.  Ms. Cudequest said that she is pleased that the Board has agreed to hire Arnold & Porter; Mt. Kisco residents have provided her group with documents; Mt. Kisco hired an industrial monitor and since then, no improper materials have been dumped; Allied has taken this outside monitor very seriously.  Ms. Cudequest added that this Board also should consider hiring an outside industrial monitor.  Ms. Cudequest reported that she has contacted the Ohio EPA directly and they extended their thanks for this information as they have had a lot of trouble with co-mingled waste; this information has also been turned over to Mt Kisco, State Attorney General Spitzer’s Office and Mr. Mack.  Ms. Cudequest stated that she was part of a conference call today with the Ohio EPA and they have requested everything she has on MetroEnviro; she has been asked to speak to Ohio EPA investigators in the next few days.  She said that she has sent the following information to Mr. Mack; that Darren Rizzo will be the new site manager but a new resume has not been received as requested.  Ms. Cudequest added that she asked Mr. Mack if Mr. Darren Rizzo is related to or connected to Mr. Anthony Rizzo of NJ who is mentioned in the book, Poisoning for Profit, pages 86 and 87, as a nephew of an alleged member of the Genovese crime family and Mr. Milo is also mentioned in the same section of the book; Mr. Rizzo is also mentioned as having various dealings with Mr. Jimmy Hickey.  Ms. Cudequest stated that she cannot say with absolute certainty that Darren Rizzo is related to Anthony Rizzo, but the common denominators exist.  She added that she is asking the Board to get rid of MetroEnviro; she doesn’t want to hear that trucks are on Rt. 9 but she sees them also on Maple St.; she has doubts about how this entire affair has been handled and some have thought the worst; it is time to start examining this facility with a jaundiced eye; they are not nice people and do not care what residents think; Allied’s history throughout this country is very checkered and there is a web site called “stopalliedwaste”; she doesn’t want to hear them defended; they don’t deserve to be here; this community is overwhelmingly associated with other people’s garbage.  

6.  Resolutions:
        a.      On motion of Trustee Grant, seconded by Trustee Wiegman, 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 apply for a Community Development Block Grant in order to replace the sidewalks on Maple Street between Old Post Road South and Grand Street; and

WHEREAS, the Community Development Block Grant Program requires a survey to be obtained by the Village before the application can be processed; and

WHEREAS, Request for Proposals were mailed to 11 surveying companies; and

WHEREAS, Six proposals were received of which Riley Land Surveyors, LLP was the lowest bidder at $6,350.00,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to retain Riley Land Surveyors, LLP to complete the required survey on the Maple Street Sidewalks and to charge this cost to account # 1940.400.

Trustee Grant asked what the survey is for?  Village Manager Herbek replied that it is for Maple St., near the old Perry Kennedy/new Perry Kennedy.  Trustee McCarthy asked if they have to do this for the other projects also?  Village Manager Herbek replied that it probably will have to be done for all three, but this is the one that needs to get going very quickly so the County design staff can work on it over the winter; is not needed to make the application, but to process the application; there is a good indication that this application will be approved.  Trustee McCarthy stated that this brings them back to order of priority; she has concern that if the Village gets the money for Maple St. because they think this is the most important one and the Village doesn’t get the money for the others that are more important, the Village has shot themselves in the foot.  Trustee Wiegman stated that because the Maple St. improvements qualifies well within the guidelines, that seems a logical first step; Brook St. is a more complicated project and they would not be able to do that project by next spring.  Trustee Schmidt stated that the Village has been inundated with projects that have pushed the staff to the limit; employees are doing projects, but are not keeping them up on a regular basis; he feels the Village is spending money and not maintaining the projects.  Village Manager Herbek stated that he would like to have a more detailed discussion with Trustee Schmidt, Ken and Dan to discuss this issue further; the degree that they move forward on projects is controlled by the Board; he can suggest things, but the degree is controlled by the Board.  Trustee McCarthy asked why she should commit $6,300 when she doesn’t have to do that to make the application.  Village Manager Herbek stated that he had no problem if the Board wants to put this resolution off and discuss it further at the Wednesday work session; however, this is an excellent price for this type of survey work by a well-respected surveying company, it is up to the Board, but it may make good sense to go forward with this survey anyway.  Trustee Wiegman stated that he feels comfortable with the proposal as it is and this resolution seems appropriate; the work needs to be done anyway and the survey will hold up for the future.  Trustee Schmidt added that the other issue is that this is not technically a commercial zone, which was an argument in the past for the upper village; a lot of residents have had to pay their fair-share and are they are now proposing to complete a full area.  Village Manger Herbek stated that the people on Grand St. and Harrison St. did not have to pay for their sidewalks; each one of these areas is being qualified on the basis of income and they probably are the least able to afford improvements to their sidewalks; also that this survey information can be used in the future and incorporated in GIS.

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

WHEREAS, the Fire Chief has reported a critical list of additional equipment needed for the new ladder truck; and

WHEREAS, the Chief has priced out said additional, and now recommends utilizing funds in the contingent account  (1990.400) to pay for the additional equipment; and
WHEREAS, The Treasurer wishes to move those funds to the General Fund Budget and make the following transfers:
1. Increase     001 3140.0470 by        $15,500  ( Fire Vehicle Equipment )
2. Decrease   001-1990.0400  by $15,500  ( Contingent Account )

NOW, THEREFORE BE IT RESOLVED:  that the Village Treasurer is hereby authorized to transfer $15,500.00 as described above.
Discussion:  Trustee Grant commented that the Fire Dept. is getting more professional by the day; they are very proud of their new equipment; all three chiefs are making sure rank and file in the fire department know best how to care for this equipment and if they say they need the equipment, she will agree.

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

WHEREAS, the Croton School District needs $ 15,000.00 to augment the community fundraiser to upgrade the school’s track surface; and

WHEREAS, the Village Board has unanimously voted to support this effort, and now recommends utilizing funds in the contingent account  (1990.400) to send to the school to pay for the track renovations; and
WHEREAS, The Treasurer wishes to move those funds to the General Fund Budget and make the following transfers:
1. Increase     001 1010.0400 by        $15,000  ( Village Board Contractual )
2. Decrease   001-1990.0400  by $15,000  ( Contingent Account )

NOW, THEREFORE BE IT RESOLVED:  that the Village Treasurer is hereby authorized to transfer $15,000.00 as described above.


Village Manager Herbek reported that he has received three bids for the Duck Pond dredging; the low bid is $82,330, with the alternates, it becomes $85,130.  Village Manager Herbek stated that Kary had reviewed these and recommended awarding the bid to the low bidder to include alternates A & B; he asked the Board to authorize him to sign a contract with the low bidder pending further discussion with Ocean & Coastal Consultants & Dan O’Connor.  Village Manager Herbek added that they have checked out the AquaDredge references and they appear very good.  Trustee Wiegman made a motion to approve having Village Manager signing a contract as stated with the low bidder, Aqua Dredge, subject to the approval of Ocean & Coastal Consultants.  Trustee McCarthy seconded the motion. Village Manager Herbek stated that this does not include the riprap and the trail on the Riverside Ave. side; these would be extra expense.  Trustee Grant stated that she had wanted to include the entire project.  Trustee Grant also reminded Village Manager Herbek that, at a work session, it was agreed to notify people individually who live around the Duck Pond regarding the inconveniences they will have to put up with for short periods of time.  Trustee Schmidt asked where the dredging material would be dumped.  Village Manager Herbek replied that he believes the temporary holding area will be the parking area; may be able to transport some of the hardened material to the Seprio Property as fill; this has been done in past; another option is to have it carted away somewhere else.  All approved the motion.

Village Manager Herbek stated that he needs to finalize goals & objectives; on Oct 28th there will be a joint meeting with the School Board at the library at CET.

Village Manager Herbek reported that he actively participated in a meeting with James Lee Witt, Asso. last Friday; he was very impressed with Mr. Witt; various groups were represented all day; he spoke for about 30 minutes on what they thought were short-comings of the emergency response plan; they talked about the road system, training, communications, and geography and he will do a report.

Trustee Wiegman reported that the Westchester County Volunteer Fire Association had an excellent convention and Croton was a very proud host.  Trustee Wiegman reported that Croton AYSO kicked off its first weekend of soccer with 70 teams of children, almost 600 kids; he thanked the Village Recreation Department, the DPW & the school for helping with making the fields available.  Trustee Wiegman added that he will be away next week and will miss the Public Hearing on the Comprehensive Plan.

Trustee McCarthy congratulated the Fire Department for the wonderful convention; staff personnel kept everything moving and accommodated everyone’s needs; it was good to see all the people out there and the police did a wonderful job.  

Trustee McCarthy added that sidewalks were discussed tonight; she sees the terrific looking sidewalk between Melrose and Radnor on Cleveland Drive; it is good to see sidewalks in place; people no longer have to walk in the road; it has made a difference in the face of the community and has made it a much more walkable community; there is still time to make an application and get 50% match.

Trustee Schmidt congratulated the Fire Dept. for their successful fireman’s convention on Saturday.  He added that he met with the Recreation Advisory. Board who are working on issues including the skateboard park.  He reported that the Rotary had great auto show; there were 99 (over 100 registered) cars.  Trustee Schmidt reported that the Hunter St. residents met discussing fence and he thinks it did not go well; he has offered his services to see what can be done to mitigate this problem.  Village Manager Herbek stated that he has heard there may have been a consensus arrived at.   Trustee Schmidt thanked the Board for the job it did on Saturday for hiring Arnold & Porter; he added that Village Attorney Waldman has done a wonderful job for the Village; it was just time to get a specialist on this problem and he hopes this specialist will work with Village Attorney Waldman on this issue.  Trustee Schmidt added that he is proud of Trustee Grant for coming back to the Board; he did not want her to leave and will do everything in his power to keep these meetings on a more civil tone.

Trustee Grant reported that she has received many phone calls and emails regarding the discord and unpleasantness of the meeting on Sept 9th; the common thread was that the people in the community are fed up with incivility; she received emails from people who did not vote for her and disagree with her, but agree this cannot continue; it is time to stop; they see it at stores, school board meeting, in the playgrounds, etc.   Trustee Grant stated that she appreciated the support she received and knows that the Board will make every effort, as will she, for professional, civil behavior in and out of board meetings.

Mayor Elliott added his congratulations to the Fire Dept.; he welcomed Dan O’Connor to the Village and thanked Josh for the work he has done.

Trustee Schmidt made a motion to adjourn; seconded by Trustee Wiegman; approved unanimously.   The meeting was adjourned at 11:15 pm.

Respectfully submitted,

Phyllis A. Bradbury, Secretary

Village Clerk