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Board of Trustees Minutes 10/21/02
A regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, October 21, 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
        Also present:  Michael Gerrard, Arnold & Porter


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

        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                    $  24,691.80                    
        Water Fund                               149.53
        Capital Accounts                       131,608.33
        Trust & Agency                 2,231.00
                                        $ 158,680.66                            

        Local Law Introductory No. 7 Amending the Steep Slopes Law, Chapter 195.

Local Law Filing                                                                     41 STATE STREET, ALBANY, NY 12231

        Village of Croton-on-Hudson

        Local Law No. 7  of the year 2002

A local law amending the Steep Slopes Law Chapter 195

Be it enacted by the Board of Trustees of the

Village of Croton-on-Hudson as follows:

Section 1.

The first sentence of § 195-9 (A) is hereby amended to read as follows:

A. The Village Board of Trustees may grant a special hardship permit to any person to except from some or all of the provisions of § 195-5 of this chapter a separate lot which otherwise meets the minimum requirements for the construction of a one-family dwelling unit if the lot was owned by the applicant on the effective date of this chapter and was owned by the applicant at all times thereafter or if the lot was owned individually and separately on the effective date of this chapter and at all times thereafter, and in addition, is part of a subdivision approved by the Planning Board after January 1, 1981.

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

        Discussion:  Manager Herbek read the law for the audience and reviewed the correspondence received on this matter from Robert Davis and Ann Gallelli for the Planning Board – saying it is consistent with the intent of the law.  Maria Cudequest, 84 Grand Street, asked for a better explanation of why this change needs to be made. Trustee Wiegman explained that this change is reinstating language that was in the original version of the law but had been inadvertently left out in other amendments to it. These changes had left out a set of property owners without intending to.  Stephanie Bourdon asked how many fall under this category?  Attorney Waldman said the Village Engineer thought that very few, between 3 and 5 maximum might be affected.  Mr. Davis commented that under the original law, this lot would have been permitted to apply for a Steep Slopes Hardship Exemption; this amendment just gives the opportunity to apply for a permit – it does not grant a permit.  His client would still have to apply.  The Public Hearing was closed by Mayor Elliott.  
On a motion by Trustee McCarthy, seconded by Trustee Wiegman, the law was passed unanimously.

a. Comprehensive Plan Committee, re: proposed Comprehensive Plan.  The Comprehensive Plan Committee is transmitting its proposed 2002 Comprehensive Plan document for the Village Board’s formal consideration.

b. David Steinmetz, Zarin & Steinmetz, re: Metro Enviro Transfer, LLC.  Mr. Steinmetz’s letter provides responses to eight (8) questions asked by Village Attorney Waldman in a letter dated September 3, 2002.  (Full text of letter follows)

October 11, 2002

Hon. Robert W. Elliott III
Mayor of the Village of Croton-On-Hudson
   and Members of the Village Board
One Van Wyck Street
Croton-On-Hudson, New York 10520

Re:     Allied Waste Industries, Inc. and Metro Enviro Transfer, LLC  – Renewal of Special Permit

Dear Mayor Elliott and Members of the Village Board:

                As you know, in a letter to me dated September 3, 2002, Mr. Waldman enumerated a series of questions for Allied Waste Industries, Inc. and Metro Enviro Transfer, LLC (together “Allied”).  While all of these questions were answered during the September 9, 2002 Village Board meeting, the written responses are as follows:

1.      What were the circumstances under which the arrangements were made with Engelhard and who made them on behalf of Metro Enviro or Allied Waste?

Hauling arrangements with Engelhard were originally made prior to Allied's acquisition of the Metro Enviro facility. Allied cannot speculate as to the specifics of those particular circumstances.  Allied can state, however, that since it acquired the Metro Enviro facility, additional arrangements with Engelhard were made by Matt Hickey, Aaron Deems, John Lombardo and Ron Iaboni, as well as potentially other individuals.  Messrs. Hickey, Deems, Lombardo and Iaboni worked for Allied's predecessor and were then hired by Allied.

2.      Who was the hauler for these loads?

The hauler of the 18 loads of industrial waste picked up from Engelhard's 1050 Lower South Street, Peekskill, New York location was Hudson Waste.  

3.      From the time that the first load was accepted until Walter Mack discovered what had occurred, who within Metro Enviro or Allied Waste knew about the Engelhard shipments and their nature, and what was the position occupied by each such person?

Based upon the information currently available to Allied, the General Manager at the time, Matt Hickey, Aaron Deems, an operations manager working for Allied, John Lombardo, a salesman working for Allied, Tony Cardillo, a dispatcher working for Allied, Bobby Thomas, a driver working for Allied, and Ron Iaboni, a sales manager working for Allied, knew of the shipments from Engelhard. Charles Marino, the Metro Enviro Site Manager in 2001, knew about the shipments from Engelhard and realized they were not construction and demolition debris. Matt Hickey and Tony Cardillo may have realized the shipments from Engelhard contained industrial waste. It is possible that other individuals employed by Allied had some understanding of the nature of the Engelhard shipments as well.

4.      The Village has received an Allied Waste daily disposal report form. . . .  With respect to the 8th column from the left with the five circled entries and the large number of “02” entries, what is Allied’s full description for the materials covered by the “02” code and for the code of the other five encircled entries?  As to these latter, our copy is indistinct but they appear to be 03 or 05, or both.

The 02 code identifies the size of the container, not the materials therein.  On this account, the 02 code indicates a closed 40-yard compactor.  The 03 code identifies a 30-yard open container.  The 05 code identifies a 15-yard open container.  Those are the only three identifying codes for the Engelhard account.  Besides the subject 18 shipments, Allied believes that there were five shipments that were C&D or non-industrial loads.  

5.      What was the route taken by the trucks that were hauling the industrial waste from Englelhard to Metro Enviro?

The route from the Engelhard facility in Peekskill would likely have been onto New York State Route 9 southbound, westbound onto the Croton Point Avenue Exit to the facility.

6.      Why did Engelhard cease shipping to Metro Enviro and instead started shipping its industrial waste to another Allied facility?

Mr. Marino spoke with his supervisor, Mr. Hickey, and insisted that Engelhard waste cease being shipped to Metro Enviro.  After the 18th shipment, Allied believes that Mr. Hickey made alternative arrangements to have the material rerouted to the Mount Kisco facility.   

7.      According to a Journal News article, testimony was given in a Karta Corp. proceeding that dust from the Engelhard plants contained substances like titanium or other materials that might be harmful.  Could any of these materials have been part of the shipments to Metro Enviro?  What does Metro Enviro or Allied know about the nature, composition, properties, etc., of the materials in these shipments?

Allied believes that the materials received from Engelhard's 1050 Lower South Street, Peekskill, New York location at the Metro Enviro Facility consisted of plastic wrap and irregular shaped hardened plastic.  Allied has no reason to believe that titanium or hazardous substances were intermingled with the loads, and DEC has not cited Engelhard as a hazardous waste generator.  

8.      The DEC letter of this matter says that Allied Waste is examining its records to determine if any other prohibited materials were accepted at Metro Enviro.  What has been learned thus far on this subject and what kind of search has been made?  If it is not yet complete, how quickly can this be done?

Allied has engaged in a series of corrective measures to prevent the reoccurrence of the violation.  It has informed its employees that that the Site Manager has the authority and the line of communication to his supervisors to ensure that this situation cannot occur again.  Moreover, Allied has made important personnel changes since its acquisition of Metro Enviro.  

More specifically, Allied is executing a comprehensive reanalysis of all of its manufacturing customers in Westchester in the aftermath of the February – March 2001 incidents to ensure no additional industrial or non-permissible waste comes through the Croton facility.  To date, Allied knows of no other incidents.
Most importantly, Allied has instituted a waste audit program of all of its commercial customers in Weschester County which potentially produce industrial or other non-permissible waste.  This audit includes categorizing wastes, instructing employees of both Allied and its customers, conducting individual customer interviews, preparing waste generator profile sheets and requiring commercial customers to begin filling out documentation so that Allied has a solid paper trail as to what is represented as being delivered to Metro Enviro.  The audit requires an Allied sales representative assigned to the particular account to visit the generator site and review the disposal process with a generator representative at the site.  The Allied representative and the generator certify that they understand what materials Allied is permitted to accept, that they have seen how waste is generated and that only permitted wastes are placed into the containers and delivered to the Allied.  The records will be maintained at the Mamaroneck facility.

The audit, which involves reviewing records of current accounts going forward, has thusfar revealed no other customer generated industrial waste that was delivered to the Metro Enviro facility.  Allied is also investigating whether it accepted additional industrial waste generated by Engelhard, including any such waste generated at locations other than 1050 Lower South Street, Peekskill, New York. This audit is not yet complete, and Allied intends to apprise the Village of its findings upon its completion.  

                Allied will continue to take unilateral voluntary measures to ensure that industrial waste or any unacceptable or unauthorized waste under its Special Permit will not be delivered to and accepted by its Croton facility.  As always, Allied will cooperate with the Village to the extent possible in gathering information.  

                We look forward to appearing before your Board on Monday, October 21, 2002 to continue the processing the Renewal of Allied's Special Use Permit.

               If you have any further questions, please do not hesitate to contact me.

Respectfully submitted,

                                                        ZARIN & STEINMETZ

                                                        David S. Steinmetz


cc:     Mr. James Rooney
        Ms. Christine Meket
        John DiNapoli, PE
        Kathleen Massey, Esq.   
        Steven Helm, Esq.
        Seymour Waldman, Esq.
        Walter Mack, Esq.  

Discussion:  Manager Herbek explained the nature of the letter and why it was written.  Mayor Elliott said he would take questions from the Board on the letter and then the Board would take up the resolution on the agenda regarding this matter. Public input will also be entertained at this time.

Note: the numbers in the following questions refer to the letter from Mr. Steinmetz.
Trustee Wiegman asked what the nature of the additional arrangements were that were made with Engelhard.(#1).  Mr. Steinmetz said they would take these questions under advisement since the Englehard situation is subject of other analysis and investigation.  Trustee Wiegman asked about some names in the letter that the Board is not familiar with – did they work for Metro Enviro? He wants to find out their familiarity with the Metro Enviro environment.  Mr. Steinmetz said Allied feels it is inappropriate to respond to questions about personnel and human resources, but that not all of the named individuals worked at the site. Attorney Waldman asked if these individuals are still involved with the site.  Mr. Steinmetz said this would also be taken under advisement.  Trustee Grant asked about Anthony Cardillo. Mr. Steinmetz said Mr. Cardillo no longer works for Allied.  Trustee McCarthy asked if he left of his own volition.  Mr. Steinmetz said he has been asked not to answer questions regarding personnel. Regarding #3, Trustee McCarthy was under impression that Hickey and Cardillo did know what was in the shipments.  Has Allied interviewed these individuals?  Mr. Steimetz stated that to his knowledge only Mr. Mack has interviewed them.  Trustee Grant asked why Mr. Marino asked Mr. Hickey to turn away shipments if he didn’t know what was in the shipments.  Mr. Steinmetz said he feels this issue will be addressed in the second Mack report.  Trustee McCarthy asked if he had any information about Mr. Hickey’s knowledge of what was in the loads and who might have told him. Has Allied interviewed any of the people mentioned in question #3.  Mr. Steinmetz said ‘no’. Does Allied intend to? Mr. Steinmetz stated that Allied does not have subpoena power to do this.  Trustee McCarthy asked if they can’t or won’t?  Mr. Steinmetz said some information they don’t know and some he has been directed to not supply.  About the 18 loads delivered to Metro Enviro, Trustee McCarthy asked how close to the first incoming load did Mr. Marino inform Mr. Hickey that Metro Enviro couldn’t take those materials. Mr. Steinmetz stated he did not know; whatever information there is about this event will likely be in the second Mack report; he supplied candid written responses to the requested information.  On #4, Trustee McCarthy asked why Allied believes there were five shipments.  Mr. Steinmetz said it is based on the information they have available.  Trustee Wiegman, on #5, what is the basis for the answer on the routes taken.  Mr. Steinmetz said there was no real information just that this route is most direct; it is their best belief; based on a common sense assessment.  Trustee McCarthy, on #7 – what is basis for the stated belief?  Mr. Steinmetz said is based on discussion with employees.  Trustee McCarthy asked why these shipments were in enclosed compactors?  Mr. Steinmetz stated he does not know why Englehard used these.  Trustee Schmidt asked if Metro Enviro takes enclosed compacters?  Mr. Steinmetz said ‘yes’; some use them because it lets them put more into it than in an open container.  Trustee McCarthy on #8, would Mr. Steinmetz expound on the appraisal of the employees. Mr. Steinmetz said Mr. Altobelli has instituted an awareness and information program, a compliance policy program, at Metro Enviro.  Mr. Altobelli is now the Metro Enviro site manager.  The District Mgr. is Mark Saleski.  All these employees are hired under the aegis of Mr. Mack.  Mr. Steinmetz said the compliance information is in the training manual.  Trustee Schmidt asked for a copy of it and does every one who works there get it; is it bilingual?  Mr. Steinmetz will take it under advisement. Trustee Grant asked what is the difference between a closed compactor and trucks with tarps; does compactor have crushed materials in it?  Mr. DiNapoli explained that a compactor does crush it its contents which allows more to be in it; rarely used for wood – more frequent use for solid waste.  What kind of C and D would go into a compactor?  Mr. DiNapoli said that typically none because it might damage the equipment; typically they do not have compactors coming into Metro Enviro. It could be used, however, for soft C and D materials – insulating wood, Styrofoam, etc.  Trustee McCarthy asked if he had checked every 02 code delivery to determine whether there was potentially unacceptable material in those loads?  Mr. Steinmetz said Allied is conducting an audit of all current customers on a going-forward basis.  Yes, they are now reviewing all codes to ensure permit compliance from the time of Allied ownership – not prior to that time.  The monitor may be conducting an investigation of pre-Allied deliveries.  Trustee McCarthy said you are not conducting your own investigation of pre-Allied deliveries; Mr. Steinmetz said that is correct.  Ms. Mekett, of Allied, said there is no way for them to do this.  Trustee McCarthy asked it any 02 code customers are no longer customers? Ms. Mekett said they cannot tell if a pre-Allied customer has been lost.  Trustee McCarthy asked if they can provide the Board with the information just requested?  Ms. Mekett said no because this information is not documented and Allied cannot get this information.  Mr. Steinmetz stated he wants to go forward assuring the Board that compliance will be complete in the future.  Allied proposed a Host Community Program in a meeting with Attorney Gerrard and Manager Herbek last week that would be funded by Allied and provide oversight to assure the community. He pointed out that Allied paid the $50k fine without question.   He stated there were a number of Metro Enviro customers who are no longer customers under the Allied-owned operation.  Trustee McCarthy said that knowing these customers would provide insight into the types of materials that would likely be delivered.  Mr. Steinmetz disagreed because any company can be generating C and D regardless of what they produce.  Trustee Wiegman asked how far along Allied is in its data gathering process?  Mr. Steinmetz said that no current customers are providing anything but C and D.  Attorney Waldman said that the DEC understood that Metro Enviro was looking into other customers that might have provided non-C and D; it sounds as if you have concluded that it cannot be done; have you informed the DEC?  Mr. Steinmetz said they can do it for customers since Allied’s takeover but not before.  Trustee Wiegman asked what percentage of total material that comes to Metro Enviro derives from a commercial customer vs. local contractors.  Trustee Schmidt asked for clarification of ‘customer base’.  Ms. Mekett said their analysis is of the entire customer base of Allied not just Metro Enviro’s.  Mr. Steinmetz asked Trustee Wiegman to define what he means by ‘commercial customer’. Trustee Wiegman juxtaposed small contractor deliveries with commercial deliveries.  A commercial customer is one running a business at their location; how does Allied define commercial and non-commercial customers.  Trustee McCarthy asked what percentage of deliveries come from Allied-owned subsidiaries?  Mr. Steinmetz said he would take it under advisement.  She asked what percentage of deliveries are preprocessed loads – material that has already been crushed.  Mr. Steinmetz said they will look into that.  With no further Board questions, Mayor Elliott said they would entertain comments from public at this time.

Tom Brennan, 121 N. Riverside – It is a shame that Croton has to undergo a Nixonian trial for a company that has broken the rules from the beginning.  How could a company as big as Allied not look at Metro Enviro’s books before they bought it.  Mr. Steinmetz only answered questions that benefited Allied. After 1 hours and 10 minutes, only Mr. Steinmetz has had the floor.  Where did the illegal loads go?  Questions go unanswered; fall by the way side.

Dave Tuttle, 94 Grand St. – He is concerned that the correspondence on the agenda should be on the website.  The meeting is not being conducted as the agenda is written.  Mayor Elliott said he did this so that the single matter would be consolidated and as a courtesy for the people not having to stay too long at the meeting and also for the Village’s special attorney, Mike Gerrard, who is being paid on an hourly basis.  Mr. Tuttle said the meeting should be conducted as shown on the agenda.

Maria Cudequest, 84 Grand Street -  At the Sept. 9th meeting, Trustee McCarthy requested information on Mr. Rizzo.  She is pleased that Mr. Altobelli is the new site manager but would like background information on him as well.  She is in touch with the Ohio EPA. Trustee McCarthy requested any shipping documentation that Allied be sent to the Ohio facility.  Has this information been provided?  Mr. Steinmetz said that they did notify its Allied affiliate in Ohio about the shipping that had occurred and that that facility would deal with the Ohio authorities as needed.  The name of that landfill is BFI CL.  Ms. Cudequest said that if this waste went to the Ohio landfill, the Ohio facility is not permitted to take this type of waste.  Ohio EPA has expressed an interest in what is happening here; she is just trying to be helpful to Ohio. Mayor Elliott said Ohio authorities have contacted the Village. Trustee McCarthy asked for a copy of the revised O and M manual from Metro Enviro. Mr. Steinmetz said the Village has the latest O and M manual.  Mr. Altobelli will put together the training materials and provide it in next several days.  Trustee McCarthy asked if Mr. Altobelli is a temporary site mgr. or is it a permanent position?  Mr. Steinmetz said that the expectation is that it is not a permanent position.  Allied will operate the facility lawfully.  Allied intends on complying with the law and operating responsively.  Mr. Altobelli has been compliance supervisor at other facilities.  Ms. Cudequest said it is the Village’s business about the background of the supervisory people working at Metro Enviro.  Allied has not been as diligent as they should be.  She suggests that they don’t renew the permit tonight.  She understands the second Mack report has been postponed indefinitely.  In light of Allied’s continued obfuscation, it is time to say ‘no’.  She stated that her group has passed on documentation to the various government groups they keep in touch with.  Have we had answers to the Village’s questions about the Mt. Kisco illegal loads; can we compel these responses from Mr. Steinmetz and Allied.  Mr. Steinmetz said that the Mt. Kisco operation is not relevant to this Village‘s special permit application for Metro Enviro.; you should refer to your own counsel, Mr. Gerrard, as you hired him for his expertise from Mt. Kisco.  Ms. Cudequest asked what happened at the fire incident mentioned; Mr. Gerrard stated that Arnold and Porter is still reviewing that issue.  Ms. Cudequest wanted to know how the ownership of Metro Enviro may have changed over time; does it have any bearing on the current situation. Trustee McCarthy said she asked this question before and the Village should know who the members of the LLC were at the time of the application.  Mr. Steinmetz said that Mr. Appolonio stated that he and his daughter were the owners; does not know if the monitor knows anything else; doesn’t know who signed documents as far as the purchase by Allied. Trustee McCarthy would like Allied to go back and find out.  Mr. Steinmetz said it was an interesting question but doesn’t see its relevance; will take the question under advisement.  Trustee McCarthy asked if Mr. Steinmetz had read the transcript of the Delvecchia deposition, he said ‘no’ he has not.  Ms. Cudequest continued; in March 2000, Allied acquired Metro Enviro LLC, Hudson Waster was acquired in May of 1999; any other companies owned by Mr. Hickey purchased by Allied?  She spoke with the author of two reports on the waste industry written by Dr. Carter, a Professor of Criminolgy; both studies mention Allied, Hudson Waste and Metro Enviro; important for the Board to read these studies; she will email to members.  Do not renew permit tonight.  Seems you have enough grounds to deny.  If you do renew, she will assume there is some other grounds she is not aware of.  Can she get a copy of the Host Community Agreement?  Mr. Steinmetz will take it under advisement.  Attorney Waldman said there is no document; they cannot elaborate any more on it.

Stephanie Bourdon, 33 Nordica Drive – She agrees with Ms. Cudequest from every thing she has followed, heard and read.  The Board should not extend another day or minute; beyond her comprehension.  What would happen if the Board rejects it?  Please turn it down.

Ann DiCioccio, 12 Irving Ave. – she is not running for office, not now, not ever. She is opposed for health reasons. She is grateful to Ms. Cudequest for informing us of the dangers of this operation.  Already given 9 extensions; they keep operating and committing violations.  The Board has effectively added a year and half to their operations without ever having to vote on its extension.  How long will this go on; maybe past the election next March.   She recalled the first Public Hearing in 1998 – large crowds; got approved anyway.  It is time to make your decision.

Mark Aarons, Georgia Lane.  – Why is the route of Engelhard delivery route relevant?  Mayor Elliott said it had to do with truck traffic.  Was the transfer of the previous permit required with new ownership; too much time spent on this; the Board is not spending time addressing important local issues and we are spending hundreds of hours discussing this; let’s get rid of this in our community.

Tom Brennan – how long could this process go on, realistically?  A month, 6 months, a year?  Mayor Elliott said the answer is with our attorneys – what we should or should not do.  There is no sentiment for this to go on indefinitely.  Everyone is committed to a fair process.

Stephanie Bourdon – re: procedures- they should be posted everywhere. Mr. Steinmetz said these procedures are in the O and M manual, posted on signs; it is not because they are not written, but rather because certain employees did not follow the procedures.  Ms. Bourdon asked the Board to turn down this permit.

Ms. Cudequest asked if the Board will get the transcript from tonight’s meeting; don’t send a condensed copy next time. Trustee McCarthy said our counsel will handle this.

Mayor Elliott said the Board has a resolution that they will consider at this time. Trustee Wiegman said that under the advice of counsel, this is the action deemed best.  Trustee Schmidt said he understands the frustration; hired special counsel on this and we need to wait until Mack report is available.  Trustee Grant said the Board must wait for the Mack report and advice from counsel, it could go on further than Dec. 16th.   

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

WHEREAS, in a letter dated March 23, 2001, Zarin & Steinmetz, Attorneys at law, on behalf of Allied Waste Industries, Inc., requested a renewal of their Special Permit which was due to expire on May 5, 2001; and

WHEREAS, at a special meeting of the Board of Trustees held on April 23, 2001, the  Board of Trustees granted a sixty-day extension of the previous special permit in order to have time to consider the renewal of the Special Permit; and

WHEREAS, a Work Session was held on April 30, 2001 and a Public Hearing was held on May 7, 2001 to consider this matter; and

WHEREAS, the Board approved further extensions on nine separate occasions the most recent being 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 December 16, 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 December 16, 2002.

        Tom Brennan – does he understand correctly that this was a unanimous vote to extend?  Regarding Gazette editorials, devisiveness has been an issue much discussed.  He apologized if he was one of them but people in audience feel disrespected.  He doesn’t mean to be disrespectful. Mayor Elliott pointed out that he was probably referring to Letters to the Editor as the Gazette does not have editorials. Regarding the situation with Parks and Recreation about memorials, this was disturbing to him. Susan Menz, Superintendent of Parks and Recreation, does she live in Croton; answer ‘no’.  Who was CE Tompkins named school for; answer ‘ a teacher’.  Ms. Menz’z comment about outsiders wanting to come into parks and memorialize people and making parks look like ‘grave yards”; what did she mean?  Mayor Elliott explained that the Village wanted to set up a program where the Village would decide in advance the types of things the village would like to add to our parks – this was the context of the discussion.  Trustee Schmidt stated that there are many proposals from people who wanted memorials which might not be appropriate. Trustee McCarthy said the comment was an unfortunate choice of words and it has hurt some individuals who have been seeking to create memorials in our parks. She was touched about the memorial in Sunset Park.  Mr. Brennan said memorials should be done to honor people who have honored the town.  Mayor Elliott said there is no insensitivity by anyone on this Board.  Trustee McCarthy stated if these are Ms. Menz’s words she needs to take responsibility for them.

Anne DiCioccio – What is progress on the annexation proposal?  Mayor Elliott said there is no proposal for annexation; there is a committee to look into the pros and cons of annexation – probably a length process.  The Committee has not met yet to his knowledge.

Don Daubney – 45 Bungalow Rd. – Regarding political boundary lines and fees for services, there is a lot of confusion about this.  Is there a set policy about fees for village residents vs. non- residents?  Mayor Elliott said the Board takes advice from the Recreation Advisory Board on this for individual programs.  Are people in the School district charged less than non- school district, non-residents?  Mayor Elliott said there is not much call for this as people who are not in the school district and not in the village are generally not using our facilities.  Mr. Daubney asked at the skateboard facility, do they pay same or different fees.  Mr. Herbek stated that if they have no Village permit, then on daily basis, it is the same fee. But for a Village skateboard permit, the fee is slightly higher for school district non-residents.  Beyond the school district, they pay higher fee.  Mr. Daubney posed a hypothetical situation to indicate that based on where they live, are there two fees or three fees. Manager Herbek said ‘two fees’.  All of this is under study as this is our inaugural season for the skateboard facility. Mr. Daubney said if the same three people he hypothesized go to Silver Lake, what fees apply?  Mr. Herbek said he thinks there is a lower rate for village residents, higher for school district resident, and outside of either – a person must pay a guest fee.  Trustee Grant pointed out that there is a situation with students attending no Croton schools (private schools), the Recreation Advisory Board wanted kids to be able to stay together to play. Mr. Daubney said that a person outside of the Village, a school district non-resident, should have to pay more. Trustee McCarthy said it seems like he is looking for a three–tier system.  Mr. Daubney it doesn’t matter if a person is a non-resident school district person or outside altogether, all outsiders should pay more, but the same as each other.  Trustee Wiegman reminded everyone that this is the first season of the skateboard facility; there are difficulties for the attendant at the facility.  Mayor Elliott stated that this is one of the issues that would need to be studied by the committee to study annexation.  Trustee Grant said we want to further community spirit as much as we can; wrong to say kids in same school but outside of village should be excluded or charged more.  Mr. Daubney said that we know there are a lot of people in the Town who enjoy being in the Town who don’t want to be in Croton village.  Trustee Grant pointed out that he probably plays pickup Basketball games in which non-residents play.  Trustee Schmidt said this is one of the reasons why we try to keep Senasqua Park for residents only; should come up with a general policy to address this problem; also Senior citizen discounts present the same issue.  Mayor Elliott stated that Boards have been wrestling with this for decades. He mentioned Seniors who have moved just outside the village line but wish to continue to participate in Croton Senior activities.

Dave Tuttle – regarding the Fire Department Convention; kids loved it, but if ever sponsored again, the Village must ban alcohol in public places.  It was abundant; his wife was subjected to rude comments from drunken firemen.

Terry Luken 5 Alexander Lane – President  of Little League.  Admires what the Board is doing. She wants to share thoughts about the Comprehensive Plan.  Little League’s 50th anniversary is this year; over 40 teams and 480 children playing in the village.  Census shows large increase in percentages of young children. The Board should consider the needs of our youth when considering the use of Croton Landing.  Plans for a green space at the site are not large enough to accommodate Little League and other youth activities.  Mayor Elliott said at last meeting the Board approved a plan to get plans designed a meadow or green field.    She considered restrictions on Saturday and Sunday play unhelpful to their needs.   Trustee McCarthy asked if we are planning on having representatives from AYSO and Little League working with us on designing the field?  Mayor Elliott said yes.

Dave Tuttle – Isn’t the park restricted to passive use?  Mayor Elliott said there are different visions of the space; there is not a single definition of passive use.  

Robert Wintermeier – 43 Radnor Ave.  This village feels free to tax him each year for school taxes which outsiders do not pay.  Should be no problem charging more to non-residents.  It became clear after discussion that he was referring to the library contribution from the Village – that non-resident school district people do not pay for in their taxes.

Mark Aarons –  on the Steep Slopes law, did you get a number of requests for this amendment?  Attorney Waldman stated that it came from one individual but the law was cast in more general terms. It only has to do with who is eligible to apply for a hardship permit.  

        a.   Calling for a Public Hearing to discuss Local Law Introductory No. 8, creating     a Gateway Overlay District and declaring the Board’s intent to serve as Lead    Agency for this action.  

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

WHEREAS, the Village Board of Trustees appointed a Comprehensive Plan Committee in August 1999 in order to prepare a Comprehensive Plan for the Village; and

WHEREAS, this plan, which is now under discussion and review, recommends the creation of certain gateway districts and an overlay zone; and

WHEREAS, the Village’s consultant, Buckhurst Fish & Jacquemart, has prepared a Gateway Overlay Zone Law to be considered as Local Law Introductory No. 8; and

WHEREAS, the Board must consider the environmental impacts of adopting the proposed Gateway Overlay Zone Law; and

WHEREAS, a full Environmental Assessment Form will be prepared by Buckhurst Fish & Jacquemart,

NOW THEREFORE BE IT RESOLVED: that the Village Board declares its intent to serve as lead agency for this action and authorizes the circulation of the EAF to all interested parties.

        Discussion: Trustee McCarthy expressed concern about the restriction on drive thru windows – banks would be excluded; this is too broad in her opinion. If a current bank moved or a new one were to come in, she would like to exempt financial institutions.  She felt the regulation should get away from speaking of brick pavement; should just refer to treatments that would be ‘similar’ to existing area; should ask Frank Fish to provide a new draft with above changes.  Manager Herbek said the Board could still call a Public Hearing on the zoning overlay district in time for the Dec. 2 date.  Attorney Waldman will communicate with Frank Fish.   Trustee Schmidt raised the curb cut issue – limiting to just one does not work for many of the sites.  Change to consolidate curb cuts as a goal to be achieved.   

Trustee Wiegman moved to amend the motion to only declare the Board’s intent to serve as Lead Agency, seconded by Trustee Schmidt.  The amendment to the original resolution was approved unanimously.

b.      Calling for a Public Hearing to discuss the proposed Comprehensive Plan and     declaring the Board’s intent to serve as Lead Agency for this action.

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 Village Board of Trustees appointed a Comprehensive Plan Committee in August 1999 in order to prepare a Comprehensive Plan for the Village; and

WHEREAS, this plan has now been formally transmitted to the Board of Trustees for their discussion and review; and

WHEREAS, under 7-722.6(b) of NYS Village Law, the Village must hold a Public Hearing within 90 days of receiving the proposed plan; and

WHEREAS, the Comprehensive Plan is subject to SEQRA review and the Board must consider the environmental impacts of adopting the proposed Comprehensive Plan; and

WHEREAS, a full Environmental Assessment Form will be prepared by Buckhurst Fish & Jacquemart,

NOW THEREFORE BE IT RESOLVED: that the Village Board declares its intent to serve as lead agency for this action and authorizes the circulation of the EAF to all interested parties,

AND BE IT FURTHER RESOLVED: that the Village Board hereby calls a Public Hearing on December 2, 2002 at 8:00 pm in the Municipal Building to consider the environmental significance of this matter and to also consider the formal adoption of the Comprehensive Plan.  

        Discussion:  Trustee McCarthy wanted to make sure the Board is going to meet and discuss and make revisions to the Plan.  She wants the entire Plan to be reprinted. Trustee Wiegman said the current draft is sufficient for the Public Hearing; we know that there will be more changes in the future. Make sure changes are on the web site.

c.      Renaming of Seprieo property as Croton Landing.

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

Whereas, the Village together with the Beaverkill Conservancy, acquired 30 acres of land on the Hudson River shoreline in 1996 which property has been known as the Seprieo Property as it was previously owned by the Ottaviano family, and

Whereas, historically this property had been named Croton Landing and various maps dating back to 1865 have identified this property as Croton Landing, and

Whereas, a number of Croton residents have recommended an appropriate name for this Hudson River property and believe that Croton Landing would be the most appropriate name for this site and would also make this historically correct, and

Whereas, the name Croton Landing would include the Village of Croton on Hudson as one of the significant historic areas along a American Heritage River and American Heritage Area;

Now Therefore Be It Resolved: that the Board of Trustees officially renames the 30 acre site on the Hudson River just north of the Croton Yacht Club location previously named the Seprieo Property as Croton Landing, and

Be It Further Resolved: that all future map changes of the Village reflect the new name Croton Landing for this area.

        Discussion: Mayor Elliott thanked Barbara Buske for all her efforts in bringing this name change to fruition.

        Trustee  Wiegman made a motion to approve the minutes of the Regular Board      Meeting held on October 7, 2002 as corrected.  Trustee Schmidt seconded the   
            motion. The minutes were approved by a 4 – 0 - 1 vote, with Trustee Grant   abstaining.


Manager Herbek: - The Village needs to give public notice of the Millennium Pipeline hearing conducted by the NOAA on Wednesday, November 13th at the Tarrytown Hilton Conference Center in Tarrytown at 10 am and continuing throughout the day and evening.  Speakers need to preregister beginning at 9am.  Each organization will get a total of 5 minutes, individuals will get 3 minutes on a first come and first serve basis, alternating between individuals and organizations.  Some periods will be reserved for elected officials.  Written comments can be sent to the NOAA;  3 copies are requested for inclusion in the public record;  must be received by Dec. 2, 2002.  The hearing is being held to consider issues the Secretary of Commerce will likely consider in his review of the Millennium pipeline appeal.  There will be a formal presentation by our counsel, Neil Levy of Kirkland and Ellis, and by the individual Mayors.  He is also working with Dani Glaser who is getting people involved.  Fran Allen is also working on it.  Trustee Grant suggested putting this information on the website and copies of it in the Office; also get it to the Gazette.  Mr. Herbek said he attended the Metro North Open House on Saturday where they spoke of their work on the Brook St. grade closing project and the Harmon shops.   

Trustee Wiegman:  The Public Hearing on the Millennium Pipeline is restricted to Coastal Zone Mgmt. issues.  Thanks to Tom Brandt and Water Dept. on work done on Benedict Blvd.  He will get together with Trustee Schmidt on a date for pursuing a solution to the fence issue on Hunter.  Unfortunately, he will miss the joint School/Village Board meeting.

Trustee McCarthy:  Passing at the Shell station on Saturday morning near the skateboard park, she observed kids crossing where there is no cross walk; some kids skating on their boards on the street, others started to cross with light changing and going back and forth with cars stopping to let them pass; concerned about this.  We did a lot to make it a safe location – need to do more at the facility.  Mayor Elliott suggested that a police officer conduct a session with the skaters to explain the dangers and what they need to do. Trustee McCarthy want the facility supervisor to watch how kids are arriving and leaving.

Trustee Schmidt: He also saw kids in the road roller blading across the street, over the sidewalk and then down the stairs; need get back in touch with group of advocate parents and get them to be involved in this problem.  Trustee McCarthy thinks the age limit regarding adult supervision is too young – needs to be raised.  If this behavior continues, we should close it.  The Recreation Dept. should be acknowledged for their important part in the second place finish in the Flower contest.

Trustee Grant: Agrees with Trustee Schmidt on parents needing taking to take responsibility; maybe a flyer to take to joint school board meeting and have them distribute.  She is sad to hear any criticism of Susan Menz because she is so terrific at what she does; she loves kids, village and job.  She speaks in defense of Susan and in fact of all village staff who are working very hard and do a good job.  

The meeting was adjourned at 11:30 pm on Tuesday, September 10, 2002 on a motion by Trustee Wiegman, seconded by Trustee McCarthy, and approved unanimously.

Respectfully submitted

Ann H. Gallelli, Secretary

Village Clerk