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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 10/07/02
Regular Board Meeting
October 7, 2002
Page 2 of 9
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, October 7, 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
        Treasurer Reardon                       Trustee Wiegman
        Village Attorney Waldman                Trustee Schmidt
        
1. CALL TO ORDER:

Mayor Elliott called the meeting to order at 8:05 p.m.  Everyone joined in the Pledge of Allegiance.


2. APPROVAL OF MINUTES:  Note: approval of the minutes was held over until later in the meeting.
Trustee Grant made a motion to approve the minutes of the Special Board Meeting held on September 21, 2002.  Trustee Wiegman seconded the motion.  The Board voted approval with Trustee Schmidt abstaining.

Trustee McCarthy made a motion to approve the minutes of the Regular Board Meeting held on September 23, 2002 as corrected.  Trustee Wiegman seconded the motion.  The Board voted unanimous approval.

Trustee Grant made a motion to approve the minutes of the Special Board Meeting held on September 25, 2002.  Trustee Wiegman seconded the motion.  The Board voted approval with Trustee McCarthy abstaining.


3. APPROVAL OF VOUCHERS:

Trustee Wiegman 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    $       63,216.22  
                Water Fund           423.64                                             
                Capital Accounts        33,155.40       
        Trust & Agency    2,025.54              
                        $ 98,820.80




4.      CORRESPONDENCE:

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

a) A letter from Andrew E. Zelman, Waterfront Greenway Committee, summarizing recent recommendations from the committee. Trustee Schmidt stated that these recommendations would not help groups like AYSO.  Village Manager Herbek replied that there will be a work session regarding recreation and the Trustees can talk about the items at that time.
b)      A letter from five residents stating their objections to the stockade fence installed on Hunter Street and requesting that the village replace the chain link fence that was originally at that location.
b.1) A letter from nine residents of Hunter Street and High Street thanking the village for installing a new wall and fence on Hunter Street.   Trustee McCarthy stated that there are residents present who wish to discuss this.  Dan Vlad, Hunter Place, distributed a picture to the Board of what the area looked like before the new fence was installed; he stated that he looks at it all day and the new fence gives privacy.  He added that all those residents who signed the second letter have stockade fences on their property and he would like the new fence to stay.  Mayor Elliot replied that the Board should take another look at this.  Trustee McCarthy stated that it sounds like there were extensive discussions; they must give a lot of weight to the opinion of those closest to the fence and this matter has to come to a closure.  Trustee Schmidt stated that this problem has taken a neighborhood and divided it and he recommended that the Village hire professionals when doing this type of work  He recommended that all board members walk along the street and check out the impact on the neighborhood as well as esthetic matters.  Trustees Wiegman and Schmidt offered to follow up and make a recommendation to the Board.  Trustee Wiegman recommended that the Village not make any additional change at this time; they can meet with the signatories of these two letters again.  Dan Vlad added that there was a stockade fence there before and they have not lost their river view; he is extremely happy with everything that has been done.  Trustee Grant stated that she has recused herself from discussion and vote because of her relationship with the Cronins.

  
c. A letter from Rosalind Morrissey, Community Blood Program, announcing that the 65th Community Blood Drive will be held on Sunday, December 8, from 9 am to 3 pm at Croton Harmon HS.

d.  A letter from John Boulos, 7 O'Reilly Ct., applying for Steep Slopes Special Hardship permit; he has submitted a topography map and site plans.  The Village Board recommended forwarding the application to the Planning Board.

e.  A letter from Stephen Dominello, Croton Fire Department Chief, thanking the Village Manager and his staff for their efforts towards the Fire Department’s recent convention.

f.  A letter from Martin Ginsburg, Historic Hudson River Villages, congratulating the Village on being chosen with Buchanan as the Silver Award Winners in the 2002 Flower Villages competition.

g.  A memo from Mark Duncan, Recreation Supervisor, requesting permission to hold the Annual Goblin Walk on Saturday, October 26, 2002.  Trustee Schmidt made a motion to give the requested permission, seconded by Trustee Wiegman, approved unanimously.

h.  An email from Maria Cudequest regarding MetroEnviro and updating the Village Board of her recent contacts with the Ohio EPA.

i.   A letter from John Goplerud announcing that 911 daffodil bulbs were planted on Saturday on the hillside across from the HS and he expressed his thanks to all who assisted.  He added that the CAC would like to sponsor similar projects each fall.  


6.  CITIZEN PARTICIPATION:
a.      Tom Brennan, 121 N. Riverside, asked Village Manager Herbek about the timing of red lights in Village, the traffic light by Kayson Chevrolet stays red for a long time. He asked who sets the timing and can it be a 50/50 split?  Village Manager Herbek replied that this is not a Village light; it is controlled by the NYS Dept. of Transportation; traffic engineers review the timing, but he can ask it to be reviewed again.  Mr. Brennan stated that his house is right across from Rt. 9, North & South and in 1 hour on Friday around 2 pm, he counted 6 trucks loaded with debris getting off at N. Riverside, which is not the closest exit to MetroEnviro.  Trustee McCarthy replied that she has long suspected trucks are coming off other exits; many times she has had a truck get behind her at Jean-Jacques’.

b.      Joseph Streany, High St., stated that the bottom of High Street is gouged severely; the DOT needs to straighten out the swale where High Street meets Riverside Avenue.  Village Attorney Waldman, speaking as a resident, stated that he seconds that comment; he uses that road quite frequently and agrees.  Mr. Streany asked if the Village has a CDBG plan or program he could look at, especially for sidewalks.  Village Manager Herbek replied that the Village does have plans and, in order to qualify for these grants, has completed income surveys which has helped with getting the applications submitted; the Village does have a sidewalk plan and is working to install sidewalks outside the CDBG program which many have taken advantage of; this has led to vast improvements of sidewalks throughout the Village; there will be a joint meeting with the school board and one topic will be sidewalks.  Mr. Streany stated that some businesses and residents get sidewalks free, some at half price and some pay full price and this explanation helps with some questions he had.  Mr. Streany added that he is opposed to the way the Wayne Street project is proposed; one neighbor had a bad ponding problem; there is no drainage on Wayne Street; he believes if the Village doesn’t proceed in another manner, they will be throwing money away; he can't envision not having sidewalks on both sides, but the real problem is that it has no drainage; he is not in favor of the improvements that he is hearing about.  Village Manager Herbek replied that the grant has not been approved; the Board has given permission to submit the application and they may be able to save sidewalks on both sides and also improve drainage.  Mr. Herbek added that he said at the last meeting that improved drainage and widening of the street has to be a part of the improvement.  Mr. Streany replied that he would be in favor of these being done.  Mayor Elliot added that one doesn't do the design before the grant has been approved.  Trustee McCarthy stated that you have to have a plan in mind when you submit the grant application and do you have an idea in mind at this point?  Village Manager Herbek replied that there is and he will take members of the Board there and show what he has in mind; this has been a part of capital projects for a number of years, but is still a couple of years away.  Trustee McCarthy added that she has concern about when residents will know what the design plans are.  Village Manager Herbek replied that when it gets to that point, there will be a meeting on the design with residents so they will be part of the decision-making.  Mr. Streany stated that he is disappointed to see a sidewalk going on the south side of Municipal Place and asked why kids are being forced to cross Municipal Place in addition to Riverside Avenue and Maple Street when this didn’t have to be done.  Mayor Elliott replied that this is an interim step and, in the long term, expects to see sidewalks on both sides of the street.



7.      RESOLUTIONS:

a)      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:

WHEREAS, Robert Davis, of Shamberg Mrwell Hocherman Davis & Hollis, P.C., on behalf of his clients Peter Aguanno and Sharon Singer, has petitioned the Board of Trustees for an amendment to Chapter 195, Steep Slopes, Section 195-9, Special Hardship Permit for One-Family Lots;

WHEREAS, this petition was in the form of a letter dated August 15, 2002 and placed as a correspondence item on the September 9, 2002 regular Board Meeting; and

WHEREAS, at this meeting the Board of Trustees referred this matter to the Planning Board; and

WHEREAS, the Planning Board considered this matter at their October 1, 2002 Planning Board Meeting; and

WHEREAS the Planning Board has written a letter to the Board of Trustees supporting this petition,

NOW, THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby calls for a Public Hearing on October 21, 2002 to consider Local Law Introductory No. 7, amending the Steeps Slopes Law, Section 195-9 (A).



b)      On motion of TRUSTEE McCarthy, 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 Chief of Police wishes to fill the Lieutenant position of Sean Mulleavey as quickly as possible, as he is disabled from a worker’s compensation injury and has filed for an applicable disability retirement through the New York State Policeman’s Retirement System; and

WHEREAS, the Westchester County Department of Human Resources has provided the Village with Certified Eligibility List #88-016 for Police Lieutenant;

NOW, THEREFORE BE IT RESOLVED:  that Russel H. Harper is hereby appointed as Police Lieutenant at the recommendation of Chief Coxen, at the annual salary of $86,033, effective October 8, 2002.
c)      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:

WHEREAS, a vacancy in the position of Police Sergeant has been created by the appointment of Russel H. Harper to Lieutenant, effective October 8, 2002; and

WHEREAS, the Westchester County Department of Human Resources has provided the Village with Certified Eligibility List #88-058 for Police Sergeant;


NOW, THEREFORE BE IT RESOLVED: that James Bagley is hereby appointed at Police Sergeant at the recommendation of Chief Coxen, at the annual salary of $78,799, effective October 8, 2002.
d)      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 has received a recommendation from the firm of Rains and Pogrebin, the Village’s labor counsel, to adopt an Anti Harassment Policy; and

WHEREAS, both the Teamster Local 456 and the Croton Police Association have reviewed and approved this policy;

NOW, THEREFORE BE IT RESOLVED:  that the Anti Harassment Policy is hereby adopted as an official policy of the Village of Croton on Hudson and will be disseminated to all employees as part of the Policy Handbook.
e)      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, the Village has received a recommendation from the firm of Rains and Pogrebin, the Village’s labor counsel, to adopt the Family and Medical Leave Act in order to implement the provisions of the FMLA; and

WHEREAS, both the Croton Police Association and the Teamsters Local 456 have reviewed this policy and resolved any questions raised on specific issues;

NOW, THEREFORE BE IT RESOLVED:  that the Family and Medical Leave Act Policy is hereby adopted as an official policy and the Village of Croton on Hudson and will be incorporated as part of the employee handbook.

f)      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, in accordance with the resolution passed by the Village Board that levied a $50,000.00 fine against Allied Waste Inc. for the permit infractions outlined in the resolution, Allied waste has remitted the full amount of the fine; and

WHEREAS, the Village has received the check for $50,000.00 and the Village Treasurer recommends increasing the following General Fund accounts;

Increase  1-0001.2770  by  $ 50,000.00   ( Misc. Revenues )
Increase  1-1420.0400  by  $ 50,000.00   ( Contract Legal )

NOW, THEREFORE BE IT RESOLVED:  that the Village Treasurer is hereby authorized to amend the 2002-2003 General Fund budget as described above.

g)      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, several hydrants need to be replaced throughout the Village; and

WHEREAS, four bid proposals were received for this project; and

WHEREAS, Schipp Construction Company, Inc. was the lowest bidder at $31,600,

NOW, THEREFORE BE IT RESOLVED:  that the Village Manager is hereby authorized to award the bid to Schipp Construction Company, Inc. for the 2002 Hydrant Replacement project and to charge this cost to account # 02-8340-0400.
h)      On motion of TRUSTEE WIEGMAN, seconded by TRUSTEE GRANT, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:

WHEREAS, the Board of Trustees is interested in continuing the program to compost leaves utilizing the in-vessel Ag-Bag System which has been extremely popular and useful for Village residents, and

WHEREAS, in order to continue this program it is necessary to purchase an Ag-Bag loader known as the Ag-Bag Environmental CG-610 Compost System, and

WHEREAS, the Village opened bids for a Used Ag-Bag Loader on October 3, 2002, and

WHEREAS, the low bid was submitted by Paul Mickle Farms of Bernville Pennsylvania with a bid of $19,000, and

WHEREAS, the Superintendent of Public Works, Ken Kraft, recommends that the Village purchase this piece of equipment;

NOW, THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to approve a contract awarding the bid for a Used Ag-Bag Environmental CG-610 Compost System to Paul Mickle Farms of Bernville, Pennsylvania in the amount of $19,000, and
BE IT FURTHER RESOLVED: that the Treasurer move funds to the General Fund Budget and make the following transfers:
1.      Increase 001 5140.0200 by $19,000 (Brush & Weeds)
2.      Decrease 001 1990.0400 by $19,000 (Contingent Account)

i)      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 has retained Dolph Rotfeld Engineering, P.C. for design work on the Grand Street sewer rehabilitation project; and

WHEREAS, this project was put out to bid and three bids were received; and

WHEREAS, New Hope Pipe Liners, Inc. of Hillburn, New Jersey was the lowest bidder at $96,600.00; and

WHEREAS, Michael Stein, the project engineer for Dolph Rotfeld Engineering has reviewed the bids and contacted the submitted references from the low bidder; and

WHEREAS, Michael Stein recommends awarding the project to the low bidder, New Hope Pipe Liners;

NOW, THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to award the project to New Hope Pipe Liners, of Hillburn, New Jersey at the amount of $96,600.00 and to charge this cost to account number s #03-8120-0200-0102-71 and #03-8120-0200-0203-83.

8.      REPORTS:

        Village Manager Herbek reported that there will be a work session on Wednesday; the focus will be on recreation and park issues; Jon Giglio and Susan Menz will be in attendance; on the agenda is how to get more ball fields, a potential partner with Westchester County for soccer fields, a rest room & concession stand at Dobbs Park.  Mr. Herbek stated that the lobbying trip to Albany is off for Tuesday, they were not able to get various departments together, but are trying to set something up for Tuesday or Wednesday with the governor’s office.

        Trustee Wiegman reported that he distributed a draft of a letter in support of the School district’s grant application; Mayor Elliot will have to sign a new letter.  Trustee Wiegman stated that the Greenway Advisory letter from Andy Zelman closed with discussion of the notion of a name for the waterfront property; names have been circulating and Croton Landing is what he remembers as coming forth.  Village Manager Herbek will prepare a resolution regarding this.  Trustee Wiegman stated that he is sorry Sean Mulleavey will not be continuing with the Village because of his disability; his particular genius was relating to the children in the community and he will be missed.  Mayor Elliott stated that he has been a valuable member of this community and believes he will be able to continue to be so.

        Trustee McCarthy stated that she echoed Trustee Wiegman’s comments regarding Sean Mulleavey and it is unfortunate that he had to leave the Police Dept.; however, they are fortunate to have a very good police force with many qualified people who can step in and take on new tasks and duties.  Trustee McCarthy reported that she has heard from residents about excessive noise coming from Cedar Lane Park in Ossining, especially a recent concert there; she requested that the Village work with the town of Ossining to try to see if they can turn the volume down.  Trustee McCarthy reported also that the area near Hughes St. is in need of maintenance and if a permanent solution can’t be worked out, perhaps a change of the plantings would make sure that the maintenance requirements are lower since this is an area people see a lot.  Trustee McCarthy congratulated the CAC for a great daffodil-planting event this weekend.  The daffodil planting idea was the brain child of Jan Johnson and Jan hopes to see daffodil plantings in other parts of the Village.  

        Trustee Schmidt reported that there was a lovely concert in Vassalo Park on Sunday organized by CET; they used only solar power.  Trustee Schmidt reported also that the Chamber of Commerce is having a regular meeting on Thursday, Oct 17th, at 8 am in the Recreation conference room; they will discuss Winterfest and all are welcome.

        Trustee Grant stated that the past several years, when she was liaison to the school system, it was a pleasure to work with Sean Mulleavey on the DARE program and he will be missed; he is a credit to the police dept. Trustee Grant asked about procedures for the kiosk and how is it going, who is doing it, how does the Village get things posted and how are they taken down.    Village Manager Herbek replied that he has given staff responsibility to Susan Menz; she has the keys and all requests must go through her; she will see that there is regular movement of material through the kiosk; it will be primarily used by the Recreation Dept. for notices; the Chamber and the Library will be utilizing the kiosk and the Lion's Club is using a section.

        Mayor Elliott gave this thanks to Steve and Cheryl Kaplan who did a wonderful job with the concert and also thanks to John Goplerud, Jan Johnson and the Arboretum members for the appropriate commemoration of September 11th.

Trustee Schmidt made a motion to adjourn.  Trustee Wiegman seconded the motion; approved unanimously.  The meeting was adjourned at 9:35 p.m.


Respectfully submitted,



Phyllis A. Bradbury, Secretary




Village Clerk