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Board of Trustees Minutes 11-03-03
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, November 3, 2003 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 Schmidt
        Village Attorney Waldman                Absent: Trustee Wiegman
Mayor Elliott called the meeting to order at 8:00 p.m.  Everyone joined in the Pledge of Allegiance.

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

                General Fund                    $  29,606.32
                Water Fund      5,449.32                                        
                Capital Accounts        88,555.75
        Trust & Agency           245.00         

Ann Gallelli, Planning Board Chair, introduced members of the Comprehensive Planning Committee.  Ms. Gallelli stated that in January 2003, the Village Board adopted the Comprehensive Plan for the Village, three Gateway districts have been identified; a zoning law has been developed along with Buckhurst Fish & Jacquemart; Frank Fish, one of the principals of Buckhurst Fish & Jacquemart reviewed the components of the Gateway district and the zoning law and procedures. The FEIS will be prepared to address comments brought forward.  Mr. Fish highlighted briefly what was in the law; the purpose of which is to upgrade the image and function of the 3 gateway areas, to strengthen their visual identity and improve pedestrian linkage from the gateway areas to the surrounding areas to the Village.  He spoke about the major features including floor area ratio requirements, design requirements and guidelines related to sidewalks, landscaping & lighting areas, open space requirement and maximum building size requirement.

Mayor Elliott opened the Public Hearing.  Village Manager Herbek referred to three letters submitted thus far from the Planning Board with their recommendations and approvals, from WestEx Associates, Inc. and a fax from the firm of Shamberg Marwell Hocherman Davis and Hollis , P.C. signed by Adam Wekstein of that firm.
Adam Wekstein, representing Strickland Realty which has 2 properties in the gateway overlay district, stated that the Village’s planning policies and this law in particular have targeted his client’s property; they did file an earlier protest petition and the Village now can only implement gateway rezoning by supermajority vote of the Board. He added that the Comprehensive Plan & EAF repeatedly recommend this one piece of property to rezone for public use.   He stated that his client is under contract with Eckerd Drug Store to develop the vacant piece of property; they had submitted plans for the drug store to the Planning Board that they believed complied with the then proposed Gateway zoning requirements; the new gateway plan imposes further restrictions; however, identity and internal operation of a business cannot be regulated under NY State law.  He added that there is no reasonable planning basis for putting a façade against the street when the rest of the area has parking in front and businesses set far back; the 16 hour restriction is illegal, makes no sense and singles out his client. Mr. Wekstein added that the automobile dealership produces less traffic than most retail uses; will not have added impervious surface and automobile dealerships should not be singled out; the Village could require storm water runoff management instead.   He added that the Gateway overlay rezoning violates Village Law; the Board has no authority to enact it; it leaves underlying zones intact, but imposes different area, use, operation, dimensional and design criteria in portions of that district; his client’s property in the C2 zone is subject to different regulations than properties in the C2 zone elsewhere.  He added that his letter includes extensive comments on the DGEIS itself.
David Steinmetz, representing Louis Giordano, who has two businesses in the Village- Croton Auto Park and Croton Dodge, he is speaking toward the interest of the tenant; Mr. Wekstein is representing the owner of the property but he endorses Mr. Wekstein’s comments.  Mr. Steinmetz stated that his client has concerns about the impact on his businesses with the proposed land uses; his client would not be able to rebuild if a fire caused more than 50% of business to cease; it also could not expand if the Comprehensive Plan and Gateway Overlay was imposed.  Mr. Steinmetz stated that they had concerns about the issues of traffic & storm water drainage and there seems to be a dearth of documentation; has the Village conducted a traffic analysis for shopping centers, municipals buildings or community centers, they need some data to support this; on the issue of storm water, has a comparative storm water analysis been done.  Mr. Steinmetz asked if an analysis of the impact of converting two of the largest productive businesses in the Village to pre-existing non-conforming status has been done.  He added that Croton Dodge has an outdoor storage area which will become an unlawful use and they could not expand or alter the business; Mr. Giordano encourages rethinking the singling out of these two businesses and Mr. Steinmetz asked the Board to keep the Public Hearing open and prepare a Comprehensive FEIS and afford the community to discuss this further.
Joanne Minnet, 5 Van Cortland Place, stated when the tractor-trailers bring in cars for Croton Dodge, their parking leaves a major traffic mess.  She added that though Croton Auto Park has more room for these tractor-trailers, drivers still have to go in other lanes to go around them.  She added that the only issue she has is that there is no room to handle these tractor-trailers and they should not be allowed to sit there; it is a real concern and a safety issue.

Mayor Elliot closed the Public Hearing, but they will continue to receive comments for the next 17 days; then they will take these comments and prepare a FGEIS.

Village Manager Herbek read the following correspondence (full text available at the Village Office):
a)      A letter from Robert Gaudioso of the law offices of Snyder & Snyder regarding an application to the Town of Cortlandt from Sprint Spectrum L.P. for a special permit to install a personal wireless service facility at 477 Albany Post Road, Cortlandt.
b)      A letter from George Kuntz, 40 Grand Street, regarding “no turn on red” signs that were installed at Riverside Ave./Municipal Place intersection and requesting that hours and months of no turn be established to accommodate drivers when the park is closed. Trustee McCarthy suggested there may be some value for early morning hours and Trustee Grant agreed it was not a bad idea to work out hours; Trustee Schmidt agreed.  This will be put on the agenda of a work session.
c)      A letter from Valerie Burton, 102 Benedict Blvd. regarding the intersection of Quaker Bridge Road and Route 129 and suggesting having Niles Road be the only route from Quaker Bridge Road to Rt. 129.  Village Manager Herbek stated that it appears there may be some errors in the story reported by Channel 12 news; that the accident was not caused by speeding; he drafted a response for the Board to look at regarding the accident and clarifying that the Village had petitioned the NYS Dept. of Transportation to reduce the speed limit but the State came to the conclusion that the proposal is not appropriate; he will be meeting with David Parker and will question him to see what his thoughts are regarding reducing the speed level.
A letter from Colleen Ferrari, 300 Grand Street, regarding excessive speeding along Rt. 129 leading into and out of the Village and asking for a permanent solution to this ongoing problem.  Village Manager Herbek will send Ms. Burton and Ms. Ferrari the results of the study the State did some time ago.

a)      John Kolbrenner, Arlington Ave., stated that after he was here a few weeks ago, a few more trees were chopped down by Dobbs Park; also the Village was digging up a sidewalk down from Dobbs Park and dug up the roots of trees.  He was concerned that the Village did not tell them at the last meeting that more trees would be affected the following week.  He asked that the Village step down, take a look at what is being done and check with an arborist for the best approach.  Trustee McCarthy replied that Jan Johnson, who is on the Conservation Advisory Council, is a landscape architect and wrote a book about trees; they can talk with her to see if there is something else that can be done; years ago the wrong types of trees were planted and in some instances there was no way to go around the trees. Trustee Grant stated that she has received phone calls from people living across from Dobbs Park; he was assured additional trees will be planted which will begin to replace the trees taken down, but they may have to take a look at the indiscriminate taking down of trees.  Mr. Kolbrenner asked to please stop the cutting down of trees until too much damage has been done.
b) Kurt Carlson, 321 Hessian Hills Rd., stated that he had come before the Board regarding the
traffic patterns in and around the Jewish holidays and thanked everyone who managed to create a very smooth, orderly condition.  Mayor Elliott thanked the Temple and the Police Department for their assistance.
c)      Ginny Calcutti, 19 Hunter St., stated that at the October 7th meeting she spoke regarding the fence on Hunter St. and she has not received word from anyone on the Board regarding the status of the fence; she heard that the fence will have to stay as it is.  Trustee McCarthy replied that she suggested having a meeting but the offer was not embraced.
d) John Phillips, 149 Maple St., which is next to Dobbs Park, stated that he is here because of the speed issue on Rt. 129; he has never seen a cop since he’s been here (about 1 yr); people go through the red light and cars do not slow down; the appearance of police would help people slow down; could park a police car in his driveway during the day.  Mr. Phillips asked about the fence line between Dobbs Park & his property; he would like some dead trees removed which he believes are the property of the Village.  Trustee Schmidt replied that the police should not always use marked cars to enforce the speeding; once there is a marked car, everyone slows down.  Trustee Grant added that it is the responsibility of residents to regulate their own speed not just the police.
SueAnn Lewis, 9 Hudson St., at beginning of Rt. 129, where the right arrow is, people think they can go up; she suggested to get a red arrow at the light or do away with the green arrow.  She added that the sidewalk on Maple Street by the mini-deli has not been done and she doesn’t want the cars who park illegally there to park on her street when that sidewalk is being worked on. Village Manager Herbek stated that they are looking at changing the parking area at the strip mall, but it needs to be looked at yet and they will probably work out a plan over the winter.  
A resident reported that she has noticed the telephone poles are leaning by Dobbs Park.  She commented on the stockade fencing on Hunter St. and believes it should be changed because residents were not informed the fence was going to be replaced and if residents wanted privacy, they should have erected it themselves; people are not talking to each other.  She added that the wall & the chain link fence should be put back up; a wood fence is not the place for it because people must look at it all day.
John Giglio, 50 Emerson, stated that the fence on Hunter St. is ugly, he doesn’t understand why the wood fence has been put up now; it should come down and put up a better looking fence.
Sally Boyce, 27 Hunter St. for 25 years but her house is for sale now; the chain link fence was fine; it was wrong to put it up and she will not look at a stockade fence anymore.
Susan Lindauer, 15 Cook Lane, stated that she has a water problem on Cook & Wolf which has gotten awful this year; there is rust in the water; she will go with a 2nd test to see how much rust is in the water; she brought in a used water filter and towels to show the rust and asked the Board to get on the DPW to see what is causing the rust; flushing hydrants doesn’t fix rusty old pipes.  Village Manager Herbek replied that the Village water mains have a high mineral content inside pipes; she lives on dead end section that are not completely looped-they will be trying automatic hydrant flushers for some dead end sections to see if they will help; looping the system at Wolf & Cook would have to be evaluated; there seems to be an increase of brown water complaints especially in the Harmon district.  Trustee McCarthy added that she is concerned about spending money on things that may not work; may need outside evaluation for this situation also.  Trustee Schmidt added that he does recognize that the Village has an aging water system but homeowners should be reminded many houses are older and galvanized pipes may be contributing to the problem; this problem must be looked at from the Village side and the homeowner’s side.
j)      Jason Sterns, Half-Moon Bay, introduced himself as a Water Control Commission candidate.


a)      On motion of TRUSTEE Schmidt, 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, Sgt. Richard Corvinus has asked for assistance in obtaining a 911 grant to support mobile data terminals from the 911 chief coordinator of the Westchester County 911 program, John Elliott; and

WHEREAS, Sgt. Richard Corvinus, along with the Croton Police Chief, have demonstrated the need for such assistance to the satisfaction of the 911 chief coordinator; and

WHEREAS funds to accomplish this acquisition have now been received from Westchester County 911 the Village Treasurer wishes to amend the 2003-2004 General fund Operating budget effecting the following accounts; and

Increase  3120.400  by    $ 19,306.79    ( Contractual )
Increase      2389     by    $ 19,306.79    ( 911 Grant from Westchester county)

Now Therefore be it resolved that the Village Treasurer amend the 2003 - 2004 General Fund budget to reflect these changes.

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

NOW, THEREFORE BE IT RESOLVED:  that the Village Manager is authorized to sign the 2004-2005 and 2005-2006 Snow and Ice Agreement with the New York State Department of Transportation.
c)      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, Barbara Sarbin, Something Good in the World, has requested a zoning change which would allow schools to be an allowable use in a RA-40 District; and

WHEREAS, Local Law Introductory No. 5 of 2003 amending the allowable uses in the One-Family Residence RA-40 District in Section 230-9 of the Zoning Chapter was drafted by the Village Attorney;

WHEREAS, this matter was referred to the Planning Board for their recommendation and review; and

WHEREAS, the Village Board of Trustees has received the Planning Board’s comments recommending this change,

NOW, THEREFORE BE IT RESOLVED:  that a Public Hearing be called on December 15, 2003, at 8 pm in the Stanley H. Kellerhouse Municipal Building to consider Local Law Introductory No. 5 of 2003.
d)      On motion of TRUSTEE Grant, seconded by TRUSTEE Schmidt, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with the following vote:  Trustees Schmidt, Grant and Mayor Elliott “aye”; Trustee McCarthy “abstain”.

WHEREAS, Nancy Kennedy, on behalf of the owner Joan Dorien of 23 Brook Street, has requested a zoning change which would change the zoning designation of 23 Brook Street from C-2 to a 2-family RB District; and

WHEREAS, this matter was referred to the Planning Board for their recommendation and review; and

WHEREAS, the Village Board of Trustees has received the Planning Board’s comments recommending this change,

NOW, THEREFORE BE IT RESOLVED:  that a Public Hearing be called on December 15, 2003, at 8 pm in the Stanley H. Kellerhouse Municipal Building to consider Local Law Introductory No. 6 of 2003, a local law changing the zoning designation of a certain parcel of land within the Village.
Trustee Grant made a motion to approve the minutes of the Regular Board Meeting held on October 20, 2003 as corrected.  Trustee Schmidt seconded the motion.  The Board voted approval with Trustee McCarthy abstaining.

Village Manager Herbek reported that the Village has received the bronze award for 2003 Flower Village’s Competition from Historic River Towns of Westchester.  Mr. Herbek reported that the following information is on the Village’s website, the Cortlandt’s Homeland Safety Coordinator will be having a number of public awareness programs “preparing for the unexpected” at the Cortland town hall this Thursday and Thursday, November 13th.  Village Manager Herbek added that he has been working closely with a number of surrounding communities regarding this; the idea is to have a cadre’ of citizen volunteers to help in emergency situations.  He stated that the Town has a well equipped van that they have offered to loan the Village in the event of emergency.  Village Manager Herbek reported that the Hudson Valley Greenway is putting on a program regarding scenic by-ways in Westchester County which he will be attending on November 13th. Village Manager Herbek reported that the Westchester County. Dept. of Seniors will have a program on Dec. 5th; this year Mary Santella, Sunset Trail, will be inducted into the Senior Citizens’ Hall of Fame.  Village Manager Herbek reported that he has received word from the Secretary of Commerce that the deadline date for making a decision regarding Millennium Pipeline has been extended to Dec. 15th to provide additional time to more fully consider the issues.  Village Manager Herbek stated that they have solved the adult tag football problem for this year; the high school field has been selected for use.

Trustee McCarthy reported that the Village’s brief is being filed today for the MetroEnviro appeal

Trustee Schmidt reported that Halloween went well this year and reminded everyone that Election Day is tomorrow.

Trustee Grant reported that Village Code has been improved & updated on the Web site and is much improved.  Trustee Grant reported also that a joint meeting was held with the school board; there will be another bond referendum from the School Board mainly for additional requirements the State has put in; tennis courts are still a possibility.  Trustee Grant reported that Ken Kraft brought the School Board up to date on the sidewalk program and it was reported that a new development is going up by McGuire Lane, 17 to 26 homes within the Town of Cortlandt which will impact the school system.  She stated that the tag football solution is only for this year.  Trustee Grant thanked Rich Corvinus for applying and receiving the Police Dept. grant.

Mayor Elliott welcomed Jason Stern to the Water Control Commission; he was heartily endorsed by all members.  Mayor Elliott reported that regarding the Indian Point evacuation plan, a federal agency has a program to train people what to do rather than evacuate and he asked Village Manager Herbek to research this information

Trustee Schmidt made a motion to adjourn.  Trustee Grant seconded the motion; approved unanimously.  The meeting was adjourned at 10:00 p.m.

Respectfully  submitted,

Phyllis A. Bradbury, Secretary

Village Clerk