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Board of Trustees Minutes 12/16/02
A regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, December 16, 2002 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.

The following officials were present:

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

1. CALL TO ORDER:

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


2. APPROVAL OF VOUCHERS:
        Trustee Grant made a motion to approve the vouchers as follows, subject to      review by the Audit Committee.  The motion was seconded by Trustee              Schmidt and approved unanimously.
                                
        General Fund                    $ 38,055.16                     
        Water Fund                           7,375.11
        Capital Accounts                        90,910.40
        Trust & Agency               2,488.75
                                        $138,829.42

3. PUBLIC HEARING
        Continuation and Closing of Public Hearing re: Comprehensive Plan

Manager Herbek stated that written comments from Edward Burroughs, Assistant Commissioner, County Planning Board had been received regarding the Village of Croton-on-Hudson Comprehensive Plan.

        Discussion: Mayor Elliott opened the hearing and said it had remained open following the December 2 meeting for receipt of comments from the County.   Other comments are welcome tonight as well as in the future.  Manager Herbek summarized the 8-page comments from the County on the Plan.  

Maria Cudequest,  84 Grand St.  Ms. Cudequest asked the Village to put the letter on the website.  Mayor Elliott agreed.
 
Bob Wintermeier, Radnor Ave., expressed concern about the Gateway areas.  He considers that some of the things that the regulations are trying to accomplish are bureaucratic for the business people in the Gateway areas; concerned about Benedict Blvd. being the cut-off for the Harmon Gateway area; the restrictions will make property values less attractive; thinks the Upper Village area should be a Gateway as well.

Joann Minett, Van Cortlandt Place.  Ms. Minett commented on trucks pulling in and out of the CVS area and recounted several instances where trucks, pick up of garbage, etc. have caused lateness of buses, noise, and traffic tie-ups.  Aesthetics are her concern – the state of the roads, trash on roads, etc.  Manager Herbek said that Route 129 is a State road and it is a State responsibility.  She has many concerns about Comprehensive Plan meetings that were held. She thought the Plan was to be discussed on 1/6/03.  She felt people who wished to speak were hurried along, people not well represented and not listened to.  Public input had nothing to do with this plan. The public should say what should happen in the Village. Ms. Minett said Ann Gallelli tried to cut people off at one of the workshops.  Trustee McCarthy stated that the 1/06 meeting is the Public Hearing on the Gateway Overlay Zoning.

Mayor Elliott closed the Public Hearing.                        

4. CORRESPONDENCE:
a. Emilie Spaulding, Cablevision, re: Price Changes for 2003.  Ms. Spaulding informed the Village that Cablevision is splitting its price adjustments into two parts for 2003 and adding some channels to its Basic package – now called “Family”.

Discussion:  Manager Herbek pointed out there would be changes in the channel lineup starting Dec. 17th.  The Government access channel will be 78, Education will be 77, with or without boxes.
b. Richard A. Keil, NYS Office of Real Property Services, re: 2003 Special Franchise Assessments.    A Notice of Tentative Special Franchise Assessments for the 2003 Assessment Roll in enclosed.

Discussion: Manager Herbek stated that the net effect is a reduction of 253,359 dollars.  He hopes additional assessibles from Discovery Cove will help make up for this.  Treasurer Reardon said the the reduction was mainly due to equalization rate and depreciation, also the NYS Legislature made some changes that affect this.  Trustee Grant said Verizon always improves their infrastructure yet itr seems their assessment goes down instead of up. Trustee McCarthy asked if it would be worth joining with other municipalities to challenge.  Do we have grounds – do we need an expert?  Manager Herbek suggested it can be discussed with Sal D’Onofrio, Town Assessor,  to get his take on this; we would need to have a rationale. Mayor Elliott said the Village would get more information on this.
c. Jose Alvarado, Westchester County Board of Legislators, re: handicapped accessible polling places.  The Committee on Community Affairs is seeking support for making polling places, and the machines used for voting, handicap accessible.

Discussion:  Trustee Schmidt asked if all our sites are handicapped accessible. Manager Herbek said the Village election site is, but none of the machines are set up for blind people  – no Braille.

d. Jill and Barry Edinburg, 7 Georgia Lane, re: Steep Slopes Special Hardship Permit Application for 5 Georgia Lane.  The letter expresses their concerns about the granting of a hardship permit to their neighboring property.

e. Stephen Dominello, Fire Chief, re: pension plan for volunteer firemen.  Mr. Dominello states that the Fire Dept. intends to create a pension plan for its members and wishes to meet with the Village Board to discuss it.

Discussion: Mayor Elliott said it should be put on a work session agenda. Trustee McCarthy asked for some financial analysis prior to meeting with them.  Treasurer Reardon said he needs to know how many people they would be trying to serve with this.  He thinks we should wait and then he can verify their numbers.  Trustee Grant noted that many other communities have adopted this.  Trustee McCarthy  feels the long-range solution is to have the County plan a County-wide solution to fire fighting; she wants the broader issue on the work session agenda; none of us can afford individual solutions – it needs to be addressed on a more global basis.  Trustee Wiegman said this might be a small benefit that adds to the value of being a volunteer fireman.

5. CITIZEN PARTICIPATION:

        Pat Barua, Morningside Dr.  She said she exemplifies what the Metro Enviro policy is doing to the average citizens.  She is a Democrat.  Some relationships are doomed from the start.  The Citizens Committee recommended a number of conditions that would make Metro Enviro’s operation environmentally acceptable.  Many things the Committee did not do – consider the political and economic consequences to the community.  The conditions were meaningful and designed to protect all of us, but provided no viable way to monitor this operation.  After 4 years of operation, the Village has never issued a single violation despite complaints and despite a DEC fine of 10k and despite an investigation by Federally-appointed monitor, Walter Mack.  Three months ago Croton issued its first violation and first fine and hired a top-priced law firm to advise on it.  None of this was necessary.  We could have gotten more for the Village even if we didn’t deny the permit.  We need to be as tough on waste haulers as on commuters; the only thing we get is taxes. – a small amount overall.  She stated that Trustee Grant has been very responsive to her and Trustee Wiegman also.  Members of the Board have a hatred of messengers who want to end the permit of Metro Enviro; she does not understand why we have to wait for the Mack report.
        Richard Pellicci – 65 Radnor.  He stated he is here on his own accord, not at request of Trustee McCarthy or others. He is asking for an early Christmas gift to the residents of Croton by not renewing the permit. The time is now; do the right thing and do not renew the permit.
        JoAnn Minett,  5 Van Cortlandt Place.  She wants to address a statement made by Ann Gallelli at the September 9th meeting, calling speakers at Village Board meetings part of Trustee McCarthy’s henchmen. She said she had also seen members of the Comprehensive Plan committee make fun of the people.  Where is this quiet Croton you speak of? The Board needs to amend the situation with Metro Enviro; it’s not about party but about what is right.  Most of the Board is not for the people and the issues and the quality of life.
           Maria Cudequest,  84 Grand St.  She is having trouble being positive and civil. The decision to grant Metro Enviro a permit showed little respect for the will of the community; sad commentary to do this again a week before Christmas – when Croton is at its most beautiful.  Will we continue to do this even though doing it concerns our own safety?  She is not here at the request of Trustee McCarthy and she is no one’s henchman. It is time for Metro Enviro to wait for the Mack report and not the Village. She thanked Village for challenging Allied’s request to eliminate the Federal monitor.  Thank goodness we hired Mr. Gerrard at the urging of Trustee McCarthy, Trustee Schmidt and even Trustee Wiegman.  The waste industry is a bad business and they are very good at being bad.  Any reasonable community fights tooth and nail to keep them out.  The conduct of Allied Waste and Mr. Steinmetz will continue to be exactly as we expect.  What if Mack report doesn’t answer our questions? What if Mr. Mack is terminated? She referred to packets that she had distributed to some people in the audience. Several items she referred to included a letter to Mr. Mack from Mt. Kisco about unauthorized radioactive waste being delivered to their site.  Did we get the same kind of waste?  Who knows?  What will we find in another year?  Endless abuse has been taken for her FOIL requests.  Her group makes the time and pays for doing the research the Village doesn’t do – spent some $5,000 in last year.  The Board does not understand the importance of this. Metro Enviro does not belong in Croton – how can we be an environmentally aware community when we bedded down with Metro Enviro.  She is amazed at people who say they are ‘green’ and don’t speak out against this facility.  Until recently, the Village has been out gunned; she hopes it hasn’t irreparable damaged our ability to get rid of this facility in the end. She asked each Trustee to answer why they don’t feel they have enough to deny tonight.  She asked Mr. Steinmetz, attorney for Metro Enviro, about what he knows about the radioactive waste in Mt. Kisco.  Mayor Elliott said the Board has been advised not to respond to these questions tonight by our counsel.  On civility issue, she said people were afraid to come tonight because they were afraid to speak out against Trustees; reminds her of Peekskill situation in past year.  To put a civility resolution on the agenda tonight with Metro Enviro is uncivilized and inappropriate.
       Tom Brennan, 121 Riverside.  Mr. Steinmetz’s request to the court to eliminate the Federal monitor is like turning the prison over to the prisoners to run. He understands that you have to extend the permit, but we are watching you (the Trustees).  Metro Enviro only admits to things because they know they are going to get found out; not good corporate citizens; need to be watched 24-7 if they are staying in this Village; make them pay.  On the digester issue, he wants to know once a contractor is awarded a bid, what mechanism is in place if contractor finds he is over his bid.  Mayor Elliott said we are talking about two separate contracts – one to remove sludge, and one to take the digesters apart.  Manager Herbek stated there was no bid on emptying the digesters – just a unit price per gallon of 18 cents.  There was an estimate of the amount to be removed which proved to be incorrect.  Trustee McCarthy clarified that if there is a bid, a lump sum bid, and the costs are over, the contractor must cover the costs.  Mr. Brennan asked why the Village doesn’t have specifications on these tanks given the long time they have been here.  Manager Herbek said it might have actually been a much higher price if it had been publicly bid; they date back at least 50 years ago; he never has seen such plans.  He and Treasurer Reardon are very strict on how the Village spends money.  We spend a lot of time making sure purchasing policies are followed. Mr. Brennan said he is not happy with the explanation.  Manager Herbek stated he would do it again if the situation were the same. The skateboard park was not open during the time of the pumping as far as he is aware. Mr. Brennan said you are not protecting residents if pumping occurred while the park was open.  Trustee McCarthy said the procurement policy requires 3 fax quotes; it was not done. Trustee McCarthy wants to know if other Board members have their requests subjected to approval as hers are?  She wants answers to questions she communicated to the Manager.  Mr. Brennan said the Board has had three bad ideas – Metro Enviro, the skateboard park at Municipal Place, and demolishing the digesters while the park is open;  from now on try to do the right thing by the community. Every time he opens the NY Times he sees articles about Allied.  He read about a Mayor and Trustees in California being arrested for taking money.
       JoAnn Minett, Van Cortlandt Place spoke about last minute changes to the agenda; understands that this has been done again tonight.  At Sept. 9th meeting, she doesn’t feel that was uncivil – people should be able to state what they feel.  She doubts some Board members integrity and she is stating it again.  It was their own fault that Sept. 9 meeting was a circus.  She thanked Trustee McCarthy, Trustee Schmidt and Ms. Cudequest for their efforts to rid the village of Metro Enviro.
       BobWintermeier, 43 Radnor Ave.  Agreed with previous speakers on Metro Enviro.  On the civility resolution, he is concerned about First Amendment rights; doesn’t know what the guidelines are – who decides, how regulated?  He asked about leaves being picked up – last saw DPW doing this about 4 weeks ago.  Mayor Elliott assured him that it will be completed.  Mr. Wintermeier commended the Village on the holiday decorations around town.  He also commended Ken Kraft on the email list describing the garbage pickup in the Village – residents should get their name on the email list.  
        Mark Aarons, 18 Georgia Lane.  The concept of a civility resolution gets at the heart of the body that represents them and their ability to shut off or stop comments from citizens; he has a problem with the resolution.  On Metro Enviro, we have been dealing with it a long time.  It is time to articulate why you feel you must renew.  What is or is not in the Mack report that you are expecting? Don’t forget they are a business.  Within the confines of your discussion with counsel, you still can tell us why it is going forward.  He thanked citizens who come out and as well as the Trustees and Manager.
       Don Daubney,  45 Bungalow Rd.  Metro Enviro was a bad idea in the first place and continues to be bad idea.  No reason to believe that Metro Enviro will ever be a good neighbor; why not say ‘no’ tonight. He is amused by the resolution on civility – that is how people should behave anyway. He read a petition from Croton Seniors regarding restricting parking to under 2 hours in the Upper Village; less than 2 hours would be an inconvenience and prevent enjoyment and use of facilities in the Upper Village.
       Dave Tuttle, Grand Street.  He also likes the decorations – thanked the Board members for your efforts; believes all of Trustees love the Village.  He wants Trustees to consider removing all parties from the March Village election and let people vote for whomever they want regardless of party affiliation; should be one line with everyone’s name on it; most important thing is to get the vote out - the turnout is horrible in his opinion. On Metro Enviro, his greatest concern is that having new counsel limits the residents’ ability to get information from the Board; knows they can not answer many questions because of involvement of the counsel; still thinks having special counsel is good.  Thanks for holding to the agenda on this item.  He is concerned about and needs answers to the sewage treatment plant situation; needs to know children were not exposed to any toxins; should disclose information on this matter.  On civility, it seems calmer here tonight; concerned about First Amendment rights and Constitutional issues; has been challenged in the past in other places; who enforces it? He feels that personal harm has been made to individuals at Board meetings and in the Gazette.
       Peter Drexler,  Half Moon Bay Drive.  Mr. Drexler came a year ago and addressed issues of noise from the railroad yard. The noise situation improved over the summer but in mid-September returned to the higher noise levels.  Residents on both sides of the railroad are affected by this. Mayor Elliott said Mr. Drexler was absolutely right about there being no reason for this and he has gone down to the yard personally at night after receiving calls.  Mr. Drexler has a letter from the President of Metro North saying diesel engines can be shut down or run on standby power if it over 32 degrees; employees are not following the President’s direction on this. He wants the citizens group and Village to readdress this issue in preparation for warmer weather; need to find ways to impose penalties on them.  They waste fuel and are contributing to pollution.  Mayor Elliott said they will contact the President’s Office in the next day and see if this matter can be further addressed.  Mayor Elliott said he knows that they can take care of this.  Trustee McCarthy said the last time the Board addressed this they had questions about the logs of the calls.  The Village should ask for the last two months of logs.  Trustee Grant said our questions were not answered.
       Joe Bencivenga,  Benedict Blvd.  He was last here nine months ago and addressed both air and noise pollution at that time; wants to update his remarks.  He referred to an article in July 3 Journal News about pigeon droppings – the railroad using screeching hawks to scare the pigeons away but they stopped because it annoyed nearby neighbors.  There are two sides to Metro North – the Public Relations side and the real side.  He believes the railroad has not really done anything to alleviate this noise.  The health and well-being of residents is more important than the new road along the waterfront that the Village has been working on; the Village has misplaced priorities. Has the railroad ever gotten back to the Village on the calls; did they ever follow through on their meetings?  The Village has a lack of resolve; Metro North is not concerned about this problem; it is a joke to them.  Village Trustees have not done your job in representing residents on this problem.  The citizen group is not going to drop the issue.  Trustee McCarthy said she thinks Manager Herbek should have a conversation with Michael Gerrard to see if Arnold & Porter might have some services that we could use to improve this situation.   
        Larry Keon,  2 N. Highland Place.  Before retiring, he worked selling additives to lubricant manufacturers.  In late 70’s, oils were developed to allow for shutting down engines at low temperatures.  Railroads today are putting Automatic Power Units on engines to automatically shut down at 37 degrees.  Also, heaters can be used on fuel lines.  There are things that can be done to enable the shutting down of engines.  He will develop his information some more for the village.  Trustee Schmidt said there was a design flaw in the engines from the beginning – no noise abatement with no accountability.
       Peter Stillman.   He supports Mr.Drexler and Mr. Bencivenga; lives further away than they do and the noise is still a real nuisance.  This is a big quality of life issue. Trustee Wiegman asked if there is a committee contact for the village to deal with;  Eileen Sheffield, Joe Bencivenga, Peter Stillman and Peter Drexler are the four.  Ms. Sheffield has developed a file on this. Mr. Stillman has contacted Sandy Galef.  
        Peter Drexler.  He stated that the committee has set up an email address to receive comments – crotonnoise@yahoo.com.
       Bob Wintermeier.  Mr. Wintermeier said the Board should not overlook use of heaters which are commonly used in colder climates.
       JoAnn Minett.  Ms. Minett asked if anyone has ever been stuck at the intersection when a truck is trying to go into the Grand Union; do you get impatient?  This is a quality of life issue.  Has anyone ever done anything about it?  It still happens for CVS trucks although not as often as Grand Union deliveries.  Trustee McCarthy asked that the Manager follow up with what was supposed to be done to widen the driveway and the gate that is supposed to be closed until 7 am at the former Grand Union location.


6.  RESOLUTIONS:
        a. Civility Policy.

        Discussion:  Mayor Elliott withdrew the resolution from the agenda and suggested putting this item on a work session agenda. It is not what he thought it was going to be when it was discussed at the joint meeting of the School and Village Boards.  Trustee Schmidt said this resulted from the Sept. 9th meeting which was 2 days before the 9/11 anniversary; he thinks that had an influence on it.

        b. Extension of Special Permit Extension for Metro Enviro Transfer LLC.

        
        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, 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 ten separate occasions the most recent being October 21, 2002; and

WHEREAS, on December 9, 2002, the Village received notice from Metro Enviro Transfer, LLC of further violations, including several in 2002, and the Board wishes further information on these violations,

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 midnight on January 21, 2003, 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 January 21, 2003.


        Discussion:   (Note: a Court stenographer was present on behalf of Metro Enviro to record the discussion.) Mr. Steinmetz introduced Mark Salesky, the new District Mgr. for Allied, Mr. Altobelli, Mr.DiNapoli and Ms. Meket.  Since the last meeting, he has had correspondence with the village and Mr. Gerrard.  Mr. Salesky recently joined Allied in October, he worked in the waste business for 18 years, came here from Houston. Mr. Salesky will be happy to provide background on any of these operations with which he was involved.  Mr. Salesky said he started here in Westchester today; he will attempt to earn your trust; he is not here to defend; that is his mission and objective here.  The General Manager is Eric Johnson, not from Allied, he worked for BFI in the past but not in this industry for the last few years. Trustee McCarthy asked if any of the operations you have been involved with been fined or received violations?  Mr. Salesky said ‘no’ to the fines and was unable to be specific on violations.  Trustee McCarthy asked what specific operations Mr. Salesky was involved with, which he listed.  He is responsible for everything that has to do with Metro Enviro. He identified who would be reporting to him including Vince Forggione in charge of collection operations.  Mr. Salesky is not on site every day; he oversees several Westchester sites and some in Albany.  Mr. Johnson will be overseeing Metro Enviro   Mt. Kisco and another Westchester location.  Trustee Grant asked if he knew Eric Johnson before; said ‘yes’.  Trustee Wiegman asked what the Atlantic operation encompassed; Mr. Salesky listed several of the mid-Atlantic states.  He said Mr. Altobelli is Compliance and Safety Manager and also has responsibility for Mt. Kisco and another Westchester site.  There is not a person with the title of Site Manager.  There is a Lead Operator.  Mr. Rizzo resigned for personal reasons and no longer works at Metro Enviro. The person in charge is the person on the scale or the lead operator.  The Lead Operator manages the activity on the pad and is located there.  Trustee McCarthy asked if it is the same person in these jobs every day; ‘yes’.  Mr. Salesky could not detail their qualifications.  Mr. Altobelli said Jose Sanchez is the Lead Operator, and Ray Mac Donald is the scale operator and site supervisor.  Trustee Wiegman asked if the $50k fine from Croton is the only fine received from other places in Westchester; if so, where and is the $50k higher or lower?  Mr. Steinmetz said it could be answered but he doesn’t have the information now.  Trustee Grant asked Mr. Salesky what his expectations of these two employees were; he answered ‘zero violations’.  Trustee Wiegman asked how long have these two served here.  Mr. Sanchez, since before Metro Enviro was acquired by Allied, and MacDonald was previously at Mount Kisco and then at Metro Enviro since earlier this year.  Trustee McCarthy asked if Sanchez was here when the illegal loads were handled; had anyone ever asked Sanchez if he had observed these loads come in? Mr. Altobelli said ‘no’; he doesn’t know if Sanchez was there or what his job responsibility was at that time.  Trustee Grant said this is like déjà vu – you are saying things we have all heard before. She stated it offended her that Metro Enviro offered to pay $1500/month for a village monitor while asking for the Federal Monitor to be removed.  Mr. Steinmetz said it was not his motion to remove the Federal Monitor but rather that of Allied’s corporate level.  Mr. Steinmetz said he presented a monitoring package, having nothing to do with the Allied request to the court to eliminate the Federal Monitor.  Trustee Wiegman asked Ms. Meket if the customer audit has been completed and did it shed any light on Englehard.  Mr. Steinmetz said  he has received two questions along these lines from Mr.Gerrard and will be responding to them in writing.  Trustee McCarthy asked about the 24 additional loads that have been identified.  Mr. Steinmetz said that Mr. DiNapoli stated in letter that Metro Enviro doesn’t know what they contained because they took place as long as 18 months ago; they have made an assumption that all might be industrial waste, but don’t really know.   Four were in 2002.  Trustee McCarthy asked if anyone asked Mr. Sanchez if he remembers?  Mr. Steinmetz said that loads that come in are not identified by source so they all seem the same.  The remaining 24 loads were all open top loads so there was nothing remarkable about them as opposed to the first 18 which were closed top loads.  DiNapoli said the answer is that the people are trained to report anything that is not C&D. He has not asked Sanchez.  Trustee McCarthy asked if any effort has been made to ascertain what these loads contained at their source?  Are they intending to go back to Englehard to get information?  Mr. Steinmetz said that Ms. Meket went to them and was rebuffed by them; they cannot compel Englehard to respond.  Trustee Wiegman asked if  Englehard is still a customer?  No they are not.    Trustee McCarthy asked Mr. Altobelli to elaborate on unauthorized radioactive materials at the Mount Kisco site.  Mr. Salesky said each site has devices that detect radioactive materials.  Mr. Altobelli sated that the device detected the radioactive material; medical waste – it turned out to be a diaper worn by someone who had a medical condition using radioactive medications; they notified the radioactive people to come and dealt with it as directed by them; it was Iodine 131 he thinks - not nuclear materials; was on a residential truck – it came from a home.  Trustee Grant asked for a description of the device at Metro Enviro and how it works. Mr. Altobelli described a probe in the window of the building; it’s on all the time and tested periodically to make sure it works.  Trustee Schmidt asked when they ceased the relationship with Englehard; Mr. Steinmetz said on March 19, 2002.  Trustee McCarthy asked if Allied is willing to supply a transcript copy to the Village; ‘yes’.  


 
        c. Authorizing the Mayor to sign the intermunicipal agreement with the Croton   Harmon School District re: the track renovation project.

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, on August 5, 2002 the Board approved a motion to provide $15,000 to help pay for the renovation of the track at Spencer Field; and

WHEREAS, on September 23, 2002, the Board approved a resolution transferring the necessary funds from the contingent account,

NOW THEREFORE BE IT RESOLVED: that the Mayor is hereby authorized to sign the intermunicipal agreement between the Croton-Harmon School District and the Village of Croton-on-Hudson authorizing the payment of $15,000 to the Croton-Harmon U.F.S.D.   

        Discussion:  None

        

d.      Authorizing budget modifications.

On motion of TRUSTEE SCHMIDT, 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, Spectrum Skanska has agreed to reimburse the Village of Croton for $33,700.00 of additional sewer pumps at its facility at Discovery Cove; and

        WHEREAS, The Treasurer wishes to increase the sewer appropriation for the costs of their work as follows;

Increase  1-0001.2189  by  $  33,700.00 ( Home & Community Services)
Increase  1-8120.0400  by  $  33,700.00 ( Sewer Contractual )

Now, Therefore be it resolved that the Village Treasurer amend the 2002 -2003 General Fund budget to reflect these changes.



Discussion:  None

7. APPROVAL OF MINUTES:
        Trustee Schmidt made a motion to approve the minutes of the Regular Board       Meeting held on December 2, 2002 as corrected.  Trustee McCarthy seconded the motion. The minutes were approved by a unanimous vote.


8. REPORTS:
Manager Herbek:  Reminded residents that there is a change in the Community Government Channel on December 17th to Channel 78, with or without a box.
Small Pox vaccination information – he attended a meeting in the County about vaccination information – they will be moving ahead in three phases – medical personnel, first responders, then general population if needed; provided a fact sheet and it is one the County website. The Village will put this website address on our website.  Duck Pond dredging is completed – a very successful operation; took out more than what we first thought were going to but it is still likely to stay within cost guidelines approved by the Village Board.  On the Triangle property at CET, it appears that they can only lease the property for a 5 or 10- year period of time.  That presents problems for them with improvements they would like to make on the property.  Trustee McCarthy said the Village should consider a land swap, one that could preserve open space. It does not appear that a lease is going to work. She feels it is the best interests of Village and Schools to go ahead.  Mr. Herbek said that regarding Trustee McCarthy’s email questions – he has completed half.  The Recreation Needs Assessment report has been brought to a close; there has been discussion with staff and the committee; report to be distributed before the end of the year.  He provided copies of meeting dates through 2003 and recommendations for work session dates.

Treasurer Reardon:  Computerized hand held devices are being used at the railroad station; get two warnings if don’t display permit before fined.  Showed an electric car for $3,900 which he would like to purchase for people who peruse the parking lot for permit violators.  

Trustee Wiegman:  Commended for ice rescue of kayaker in Croton Bay by Village Police and volunteers.  Dredging at Duck Pond, the volume was huge – lots of topsoil for future use – very good loam.  County Legislator is taking up an exit option for Indian Point – call Mr. Wishnie to support improved energy efficiency as part of this exit strategy.  Late March for energy Coop workshop in Croton – will provide more information later.  

Trustee Schmidt: Winterfest and tree lighting went very well thanks to merchants and residents who participated in barrel decorations.  Chamber of Commerce discussed parking on Riverside Ave. – will work to encourage merchants and employees to use permit parking. Also, it would help to put a stripe down the street to make it easier to know where to park.  Upper Village will remain at 2 hours for now.   Looks forward to seeing Recreation Needs report.


Mayor Elliott: Kevin McManus appointed to the Advisory Board on the Visual Environment.

The meeting was adjourned at 11:19 pm on a motion by Trustee Grant, seconded by Trustee Schmidt and approved unanimously.




Respectfully submitted
Ann H. Gallelli, Secretary




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Village Clerk