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Board of Trustees Minutes 05 05 03

A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, May 5, 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 Wiegman
        Village Attorney Waldman                Trustee Schmidt
Mayor Elliott called the meeting to order at 8:05 p.m.  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 Grant and approved unanimously.

                General Fund    $        40,530.01
                Water Fund      13,335.32                                       
                Capital Accounts        163,955.57
        Trust & Agency          3,534.00                
                        $ 221,354.90  

Mayor Elliott opened the Public Hearing on the Puff and DiVitto Steep Slopes Hardship Permit.  Discussion as follows:

DiVitto/Puff Steep Slopes Hardship Permit:
Village Manager Herbek read a memo from the Planning Board recommending approval with 4 conditions; a short environmental assessment and a negative declaration have been prepared; a report was received from the Village Engineer.  Ronald Wegner, Cronin Engineering, gave an overview of the plans and added that if trees cannot be saved, they will replace with trees towards the front.  Trustee Grant asked where the equipment would come on the property.  Mr. Wegner replied that it will come in from Morningside.  Trustee McCarthy stated that the application stated that this parcel is an existing non-conforming lot and asked why do you say the parcel is developable without a variance?  Mr. Wegner replied that what is in the code for parcels that predate the zoning allows for relief for side-yard setbacks. Trustee McCarthy added that she doesn’t believe it has been established that this is a buildable lot; current ownership and history of ownership need to be established.  Trustee McCarthy asked whether thee had been a merger of the lots.  Dan O’Connor, Village Engineer, replied that the papers have been received showing ownership predating the zoning and this lot has existed as a separate lot. Mr. Wegner added that this parcel does predate the zoning.  Joanne Jackson stated that she owns the lot; it was bought about 35 years ago; she has kept two lots separate all these years.  Trustee McCarthy asked if, under the statute, does it preclude the subsequent sale and who are the applicants?  Ms. Jackson replied that she wrote the initial letter applying for the special hardship exemption; Mr. DiVitto and Mr. Puff are the applicants who intend to buy the property. Village Attorney Waldman stated that if Ms. Jackson is still the owner, she may want to have her name on the application.  Trustee McCarthy stated that she objects to Ms. Jackson making the application and selling immediately before developing it; this may not be in keeping with the statute.  Trustee McCarthy added that she doesn’t think the application complies with the face of the statute as it presently stands    Trustee McCarthy added that she took a brief look at the property, as did other Board members, and she has some concerns about the site; the law was enacted to try to protect against overdevelopment of steep slopes areas; she would like more detail why this permit should be granted.  Mr. Wegner stated that they have gone to extremes to minimize erosion, disturbance and minimize runoff on this site; total construction disturbance will be less than half. Trustee Wiegman asked what the disturbance would be if the house was put closer to the rear of the property where the land is flattest.  Trustee Grant replied that the Planning Board reported that this would not protect the back yard requirements and would impact the sewer easement.  Fran Allen, Planning Board, commented that there are two permits that are grandfathered as to size and steep slopes; she looked at the history of steep slopes and the grandfathering piece if it is feasible from an engineering standpoint, to build on this property, which is what the Planning Board must look at.  Trustee Grant stated that she checked with the chair of the Planning Board who indicated that the Planning Board was pleased with the cooperation the applicants have shown; they have worked with the Planning Board for a year.  Fran Allen stated that they believe this is the minimal intrusion on this lot.  Trustee McCarthy stated that the Planning Board looks at just a miniscule part of this, but the Village Board analysis should be different than the Planning Board’s; she hopes the Village Board takes a very expansive view because more than half of the slope portion of this lot would be disturbed; there are other double lots on Morningside so there could be a terrible precedent set by approval of this application; the pictures do not show the justification for getting this hardship permit.  Trustee McCarthy stated that her concerns are far broader; the laws are there to protect the health, safety and welfare of the Village; Ms. Jackson was free to sell both lots together but chose not to.

Dan O’Connor stated also that he checked Village SEQRA regulations and this is a type 2 action which would not require review; from an impact standpoint disturbance seems high because the lot is so small; however based on the footprint of construction, the disturbance is minimal.  Trustee Grant commented that if there are legal questions that need to be answered, they should be, but the Village Board should be listening to the opinions of the Planning Board & Village Engineer who deal with these applications on a daily basis.  Trustee Schmidt stated that he will recuse himself on this discussion because of a relationship with one of the applicants.  

William Brijeski-5 Truesdale Drive- owner of Tax lots 30 and 31, stated that the pictures shown are extremely favorable; the lot is directly behind his cottage; the tip of his roof is 60 ft, but it looks about 15 ft. in this picture; he is worried about their safety, there is a lot of run off now; the slope begins about 5 feet behind their cottage; he has concerns about machinery going through their property, erosion if it is a bad winter, if there is damage to their property, he would not want these costs to come out of their pockets; the are concerned about trees being taken down.  Mr. Wegner stated that the only construction in the rear is for a dry well and equipment will be taken down the hill.  Fran Allen stated that they are now getting down to a legal question, Trustee McCarthy is citing a law, which has to be straightened out first; the Planning Board asked every one of these questions because of the problems with the location and repeating the same questions here does not do justice to the Planning Board nor the applicants, nor to the owner; grandfathered properties are special properties to the owners who have held on to them for many years and have done all the legal, right things.  Trustee McCarthy stated that the Village Board has to do its own separate analysis.  Mr. Brijeski stated that there are no other lots that small that are being built on steep slopes in the town; just because something is grandfathered it should not jeopardize the safety of others; the relationship of the developer and the seller is in question as a pre-payment to the seller.  

Carol Terrella, 49 Truesdale Drive, stated that she shares a number of concerns the Brijeski’s have mentioned; the Village Engineer has concerns about erosion and runoff, heavy equipment during construction, she will not let equipment or supplies go through her driveway to access that lot; she agrees with the restrictions put in by the Planning Board.  Ms. Terrella addressed the preservation of trees and how many will come off the property and how many will be preserved; if the engineering is wrong, there should be adequate protection for the adjacent property owners.   

Mayor Elliott closed the Public Hearing.  He asked Village Attorney Waldman to do some research and to look at the issue of merger.  Mayor Elliott stated that he will put this on the agenda of the next meeting after deeds are received and reviewed.

Mayor Elliott opened the Public Hearing on the Emergency Tenant Protection Act.
Village Manager Herbek reported that they have provided legal notice of this public hearing to consider if provisions of the Emergency Tenant Protection Act of 1974 should be invoked and if the ETPA is approved by Board, whether it should be approved for more than 6 apartments or by any other number as is allowed by the act.

Tom Burniston, Wells Ave., stated that the Bari Manor Tenants Organization has asked him to present their position to the Board; he had lived approximately 20 years at Bari Manor and had asked for the adoption of ETPA previously because of rent increases and other problems, he is asking that ETPA be enacted for their apartment complex only; they are faced with a new owner who is a business and who is asking for an exorbitant rent increase; the landlord’s intent is to increase rentals to what they feel is fair-market value of rentals in Westchester County, about $2,000.00 per month, Bari Manor renters cannot afford that; a negotiated agreement was reached last time with one non-negotiable item that the rider could not be applied to new tenants, that is why they are back again today;– the Village has very few available apartment rentals; people who rent are tax payers; the new owners made no mention of providing services, work or assistance to the Village nor any concern of any impact it has to Village.  

Trustee Wiegman asked Mr. Burniston to state the basic requirements that must be met before Board could adopt ETPA.  Mr. Burniston replied that the only requirement is to prove there is a declared emergency; Ms. Shatzkin and Croton Housing Network have provided substantial information to prove there is a very low vacancy rate

Maria Cudequest, 84 Grand St., stated that tenants have expressed concern about retaliation; there is a need for more affordable housing and/or senior housing in Croton; Bari Manor represents a type of affordable housing now, but may no longer be so if this is not adopted; the ETPA appears to be the only option to protect the residents and is the only mechanism to preserve the diversity that exists in Croton.  Ms. Cudequest urged adoption of ETPA.

Tom Brennan, 121 North Riverside, the building manager of VanWyck Apts. stated that he backs the people of Bari Manor.  Mr. Brennan added that Mr. Cipes is looking to see that he is treated fair & equitable; he has done some in-house studies; the average rent increase over last 10 years has been 2.5%; he hopes that the ETPA is enacted just for Bari Manor.

Mr. Cipes stated that he is in support of tenants of Bari Manor, but would like to assure that VanWyck Apts. are exempt from ETPA; the same rider developed in the former fair-rent agreements is still in effect in all his leases.  Trustee Schmidt asked Mr. Cipes what is in your estate planning to protect your tenants in event of your death and what happens to VanWyck Apts. then?  Mr. Cipes replied that all of his properties would go to his sons and his will stipulates that these properties cannot be sold.  Tom Brennan added that the improvements they have made include new windows, boilers and a new roof.  Trustee Wiegman stated that he understands Bari Manor tenants pay their own utilities and is it the same at Van Wyck Apts.  Mr. Brennan replied that they supply heat and hot water but gas and electric are paid by tenants.

Dennis Hanratty-director of Mt. Vernon United Tenants Association read a NYS legislature’s finding regarding emergency housing and rent increases; legislative intent of the law is to protect the public; this is also a rate stabilization law.  Mr. Hanratty cited a letter he received from a renter in Peekskill regarding unjust and unreasonable rent increases.   Mr. Hanratty stated that less than a 5% vacancy rate is needed to declare a housing emergency; there is less than a 1% vacancy here; rent stability is created by ETPA; he would like to see the Board adopt this to the fullest degree.   Trustee Wiegman stated that he believes that the County Rent Guideline Board meets every year in June to set rent increases and asked if he knows that the average has been for the past decade? Mr. Hanratty replied that it has been in low single digits; Westchester County Board is just starting Public Hearings; they usually have 3; landlords of rent-regulated properties must submit schedules; Board takes that data, has Public Hearings, debates and negotiates.

Carol Shaunessy, Nordica Dr., one of 4 owners of Mikado Apts. at Truesdale & Nordica Dr., stated that they have seven apartments and have not had to resort to scheduled rent increases; however, if ETPA were applied to them, they would have to change their model; their resale value would be affected and over the long term may have to limit improvements; she asked the Board to explore less drastic solutions.

Rick Garrett, 40 Bari Manor, stated that he applauds the intent & effort of the Board to get relief for Bari Manor tenants who include a 78 year old resident, a 76 year old widow/retiree, a heart attack victim, members of the Volunteer Fire Dept., Auxiliary Police, and a single mother.

Nance Shatzkin, President, Croton Housing Network, thanked members of the Board & members of Housing Network who collected data; a rental emergency does exist in Croton and the Board should pass the ETPA; the change in ownership of Bari Manor was a wake-up call; 90% of those interviewed had income lower than the Westchester County average; residents are engaged as community volunteers in Croton; options do not exist to just find another apartment; she does not find the Emergency Tenant Protection act to be anti-landlord and this is not an easy issue.

David Tuttle, Grand St., VanWyck Apts., stated that he has lived in the Village since 1966; Mr. Cipes is a tremendous landlord, but he will not always be here; there is a shortage of affordable rentals in Village and tenants do need protection.  He asked the Board to consider ETPA for both Bari Manor & VanWyck Apts.

Robin Lapishka, Home Properties Property Manager, stated that she has met with Mayor Elliott, Mr. Herbek and several members of the Board to come up with a solution and they did substantially decrease the increases; they have had 66 residents renew at new rates in the past 3 months; they have taken steps to change the rate structure; the door is not completely shut regarding enacting ETPA; a lot of residents did not respond to the survey and those that did not, received the 13.5% increase.  Trustee McCarthy replied that a 13.5% increase is not a constructive way to address this emergency and it tells her that they have no intent of addressing this; there is a need to evaluate and this is a mechanism on how to deal with this emergency.  Trustee Wiegman asked what major capital improvements are planned? Ms. Lapishka replied that improvements done or planned are replacement of windows, sliding glass doors and furnaces; they will inspect & make necessary improvements on the pool; if residents call individually, they will attempt to replace or fix as needed; she has not gone to all apartments to see what has to be done; however, driveways will be done in the future as well as sidewalks, railings, landscaping, drainage and laundry rooms updated.

Trustee Grant stated that she suspects that Ms. Lapishka doesn’t have the authority to make decisions on what is being asked of Home Properties and questioned why the principals have not contacted the Village and/or residents as a good-faith interest.   Trustee Grant asked if Ms. Lapishka lives on site.  Ms. Lapishka replied that she lives in Albany.  Trustee McCarthy stated that she is disturbed to learn that a notice of non-renewal was served on a tenant who contacted her and got the ball rolling on this issue to get the Board involved.  Ms. Lapishka replied that this had nothing to do with the non-renewal; they have renewed other residents who are also here tonight.

Pete Rasullo, 43 Bari Manor, stated that the windows were done 3 years ago and the Sherwood group put in the windows and paid for them; Home Properties has put in just sliders; he was given a $160 rent increase and a 6 month lease; he signed because he had no where else to go, he is a fireman and his child had to go to school the next day; they have no on-site superintendent and pay for their own heat & hot water; they need ETPA enacted and also there are issues with garages.

Tom Burniston, representing Brian McManus, stated that he got the eviction notice Trustee McCarthy referred to; if ETPA was enacted, this could not have happened; the tenant would have an automatic right to renew unless there is cause to evict; there was no cause noted; it is important to act now to protect the people of Bari Manor, especially Mr. McManus whose lease is still in effect, he may have a right to renew; all have a right to stay if they have been fair and law-abiding residents.

Lois Haight, another owner of Mikado Inn, stated that enacting this legislation would have an adverse effect on their complex and their tenants; they have not increased in the five years they have had the Inn and do not intend to increase rate by large percentage; they have done improvements; however, if they have to fill out pages and pages of forms for the rent control board, it will be a big expense and will change the way they run the business; to say in case because something might happen in the far future we’re going to change it now, concerns her.

Tara Dolan, 75 Bari Manor, stated that she is in favor of enacting ETPA in Croton; she thanked those who worked on this issue and believes only about 15 have renewed leases since March, and the 66 renewals stated by Ms. Lapishka goes back to October prior to the rent increases.

John Gilman, 76 Truesdale at the Mikado, stated that a real emergency exists at Bari Manor and they must have their needs addressed ASAP; there is no emergency where he lives; Mr. Cipes’ building is similar to the Mikado; the Board should take into consideration other property owners that are responsible and where there is no owner-tenant conflict.

A Bari Manor resident asked what happens now and how long will the process take?  Village Attorney Waldman replied that if the Board acts tonight, adoption or application for ETPA would be effective immediately; further decisions will have to be made by the County Board in White Plains regarding increases there may be, capital improvement increases, regular increased and what will be done about leases that have not been renewed; the County guidelines will probably take place in October, however, Croton may have special consideration.

Elke Shatzkin, Old Post Rd N. stated that if she were on the Board, she would think about all rental apartments in Croton and enact legislation for all.

Mr. Cipes added that he is here with Mary Lynn Windsor, property manager for the last 20 yrs; they allow increases of less than STI as a courtesy for their tenants; he asked if ETPA could be imposed on just one property and perhaps imposed on others at a later date?  Trustee Wiegman replied that it can’t be imposed on just one property, but could be applied to buildings and complexes that have a specific number of apts.; the Village Board could amend the law if they felt it was necessary.

Mr. Garrett stated that their only concern is for Bari Manor and he does not mean to cause concerns for other property owners; however, without reservation he wants ETPA enacted.

Dave Tuttle, 94 Grand St., stated that there were some very convincing arguments heard tonight; it is his position that given the information provided, he feels now that it is in the best interests of residents of Bari Manor, there is a need to focus on getting them protected and fairly treated and he supports ETPA for Bari Manor.

Village Attorney Waldman stated that the number of rental units in the Village of Croton-on-Hudson is 674; the number of vacant units is 6, which means that there is a vacancy rate is .009 in the Village of Croton as a whole.

Mayor Elliott closed Public Hearing.
A motion was made by Trustee McCarthy, seconded by Trustee Schmidt, approved unanimously, to go to Executive Session to discuss this matter.  The Board adjourned to Executive Session at 10:45 pm. On motion of Trustee McCarthy, seconded by Trustee Schmidt, unanimous approval, the Board reconvened at 10:50 pm.

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 with the following role call:  Trustee Wiegman “aye”, Trustee McCarthy “aye”, Trustee Schmidt “aye”, Trustee Grant “aye”, Mayor Elliott “aye”.

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:        the Board of Trustees of the Village of Croton on Hudson held a Public Hearing on May 5, 2003 to consider whether an emergency exists as to any class of housing accommodations in said Village of Croton on Hudson as authorized by Section 8629 of the Unconsolidated Laws of the State of New York; and

WHEREAS:        the Public Hearing on May 5, 2003, was also held to consider whether the provisions of the Emergency Tenant Protection Act of 1974 should be invoked in regard to the Village of Croton on Hudson; and

WHEREAS:        on the basis of the supply of housing accommodations, the condition of such accommodations and the need for regulating and controlling residential rents within the Village of Croton on Hudson, this Board has found that the vacancy rate for rental housing accommodations within the Village of Croton on Hudson is not in excess of five percent (5%); and

WHEREAS:        the Board has found that in the largest housing complex in the Village, with substantially more housing units than all other residential complexes and buildings with six (6) or more dwelling units combined, the new owner has sought to impose large, double-digit rent increases on its tenants;

NOW, THEREFORE, BE IT RESOLVED: that on the basis of the foregoing, this Board hereby declares that an emergency exists and declares an emergency as to all the housing accommodations with fifty (50) or more housing units; and be it

FURTHER RESOLVED:       that effective upon adoption of this resolution the provisions of the Emergency Tenant Protection Act of 1974 as amended shall apply to all residential accommodations in the Village of Croton on Hudson in buildings or complexes containing fifty (50) of more dwelling units; and be it

FURTHER RESOLVED:       that the provisions of this resolution shall continue in force and effect until the Board of Trustees shall determine that the conditions of an emergency as defined by the Act shall no longer exist, and be it

FURTHER RESOLVED:       that the State Division of Housing and Community Renewal is the sole administrative agency to administer the regulation of residential rents as provided in the Emergency Tenant Protection Act of 1974, as amended to date; and be it

FURTHER RESOLVED:       that a certified copy of this resolution shall be forwarded to the State Division of Housing and Community Renewal indicating that the effective date of this resolution is May 5, 2003; and be it

FURTHER RESOLVED:       that the Board of Trustees directs the Village Manager to take all other steps necessary to secure enforcement of this resolution.

Village Manager Herbek read the following correspondence (full text available at the Village Office):
a)      A letter from Ann Gallelli, Comprehensive Plan Committee regarding the Town of Cortlandt Draft Comprehensive Plan and concluding that overall the Cortlandt Draft Plan has the same intent as the Croton Comprehensive Plan and is a substantial improvement over the previous Cortlandt Comprehensive Plan.
b)      The Historical Society’s Annual Report from Joyce Finnerty, Village Historian.
c)      A letter from Richard Cappellazzi, Grand Street, regarding Operation Christmas Tree. Trustee Schmidt has concerns about who is paying for this and what the costs would be; Village Manager Herbek will continue to follow up.
d)      A letter from Gail Abrams, Teatown Lake Reservation, Inc. requesting permission to use the Village parking lot at Croton Harmon train station for weekly distribution of produce, Saturdays between 1 pm and 4 pm.  The Board agreed to allow the use and Village Manager Herbek will work out details.  Trustee McCarthy stated that they should make provisions to maintain area.  Trustee Schmidt suggested to Village Manager Herbek that perhaps there should be a policy on use requests for the parking lot.
e)      A letter from Janet Nelson, Finney Farm Road, regarding a photo album about Croton that she asked to be available for the May 5th meeting.  

Fran Allen and Mary Fagan, regarding the sewer odor issue, stated that they met on Thursday with Village Manager Herbek, Mayor Elliott, Village Board members and others; some recommendations have been made; force mains will be cleaned soon; they had concerns that have been going on for so long, but has been done piecemeal.  Ms. Allen and Fagan suggested going back to a consultant without putting a cap on cost to fix this problem.  They added that there might be an alternate route for this line; the current study was done to fix the existing line only.  Trustee Schmidt replied that they did that already and asked why Arrowcrest was redirected; who is responsible and why it was done that way; it was stated in the report that the rerouting created the problem.

Maria Cudequest asked if Ms. Gallelli reviewed sections of the Cortlandt Comprehensive Plan.  Village Manager Herbek replied that Ms. Gallelli did review the draft; he has received the entire document and has been shared w/the Board and Ms. Gallelli.  Maria Cudequest asked that a copy be put in the Library.  Ms. Cudequest commented on the sewage odor issue; she became aware of the smell when weather got warmer recently; she cited a 1997 resolution which assumed dedication of the sewer line and asked what at Hudson National is hooked up to this line?  Village Manager Herbek replied that the clubhouse and the cottages are on that line.  Ms. Cudequest asked where sewage from Westwinds goes.  Village Manager Herbek replied that it goes to the privately run and owned Amberlands sewage treatment plant.  Ms. Cudequest added that the Village has made a commitment to issue tickets to unlicensed haulers at $1,000 per violation; other town’s police are enforcing the code; last month residents observing that facility spotted four unlicensed haulers; how many more are going there and have any tickets been issued?  Mayor Elliott suggested a work session and have the police department and Westchester County explain how the system could work and it is much more complicated than just issuing a traffic ticket.  Trustee McCarthy replied that there was a training session, so the Village police should know how this is done.  Village Manager Herbek added that it not as simple as it first appears; since the law went into effect only a few tickets have been issued by some nearby municipalities and what is being done may not be done correctly; he also would like to have this on a work session for further discussion and the fine is up to $1,000, not $1,000; this is a county law and there are aspects that need to explained on how to do proper enforcement of this county law.  Ms. Cudequest stated that she would like to be a part of that work session.

Tom Brennan thanked everyone for making the decision on ETPA and helping Bari Manor residents.   Mr. Brennan added that the new sidewalk marking method had failed; you can’t see the nice brick decorations and they are gone in many areas; he asked if there was a warranty?  Village Manager Herbek replied that what has occurred is because of the winter and the salt; the worse time for spalling is within the first year; they have brought the issue to the county’s attention and will discuss further with the Village’s liaison to the County Planning Department, Anthony Zaino.
a)      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 has been working toward the construction of sidewalks along Route 129, (Maple Street) in the vicinity of Olcott Avenue and

WHEREAS, NYSDOT is requiring the extension of the storm drain system to handle the drainage from behind the retaining wall along the new sidewalk and the replacement of old, inoperative, existing infrastructure that needs to be replaced and extended, and

WHEREAS, Cronin Engineering prepared the bid documents for this project; and

WHEREAS, the Village received three bid proposals for this project; and
WHEREAS, of the three proposals, Joken Development Corp was the lowest bid at $79,839,
NOW, THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to award the bid to Joken Development Corp for the drainage improvement project at Maple Street & Olcott Avenue for the amount of $79,839, and
BE IT FURTHER RESOLVED: that this be charged to account 003-5110-0200-0102-66.

b)      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 of Croton on Hudson engaged the Environmental Engineering firm of Stearns & Wheler, LLC to conduct a study of the sanitary sewer force main from Arrowcrest Subdivision and Skyview Nursing Home with regard to certain sewer odors, and

Whereas, Stearns & Wheler provided a report to the Village Board dated October 2002 which made certain recommendations to improve the operation and reduce odors, and

Whereas, one of the recommendations is to clean the force main with a pig cleaning system, and

Whereas, Stearns and Wheler, in conjunction with the Village Engineer, developed a request for proposal for the cleaning of the Skyview Haven Nursing Home force main and the Arrowcrest Force Main and this RFP was sent to five companies; and

Whereas, the Village received 2 proposals for this project; and

WHEREAS, the Village Engineer recommended in his memo to the Village Manager of 4/30/03 that the Village award the project to Montauk Services; and

WHEREAS, because of the urgent nature of this project the Village Manager has signed the acceptance letter and awarded the project to Montauk Services,

Now Therefore Be It Resolved, that the Village Board of Trustees hereby ratifies the decision by the Village Manager to award the project to Montauk Services

And Be It Further Resolved that the Village Treasurer amend the 2002-2003 General fund budget to move the unbudgeted funds from the Contingent account to the Sewer department contractual.

1. Increase     001 8120.0400 by        $ 15,000.00  (Contractual Expense)
2. Decrease   001-1990.0400  by $ 15,000.00  (Contingent Account)

c)      On motion of Trustee Wiegman, 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, a Building Permit numbered 4523 for an accessory structure was issued on May 8, 2001 to Kevin Decker and Kathy Moss of 105 North Highland Place; and

WHEREAS, this permit is due to expire on May 8, 2003; and

WHEREAS, the applicants have requested a 2-month extension in order to complete the construction of the stairs; and

WHEREAS, in order for an extension to be granted it must be approved by the Village Board of Trustees as required by section 86-11(b) of the Village Code; and

WHEREAS, the Village Engineer recommends granting a 2-month extension of the permit,

NOW, THEREFORE BE IT RESOLVED:  that the Village of Croton on Hudson Board of Trustees hereby approves the 2-month extension of the building permit to Kevin Decker and Kathy Moss for the construction of an accessory structure at 105 North Highland Place,
AND BE IT FURTHER RESOLVED:  that the new expiration date for this Building Permit numbered 4523 is July 8, 2003.
Trustee Wiegman made a motion to approve the minutes of the Special Board Meeting held on April 28, 2003.  Trustee Schmidt seconded the motion.  The Board voted unanimous approval.

Trustee Grant made a motion to approve the minutes of the Special Board Meeting held on April 21, 2003.  Trustee Wiegman seconded the motion.  The Board voted unanimous approval.

Trustee Grant made a motion to approve the minutes of the Special Board Meeting held on April 14, 2003 as corrected.  Trustee Wiegman seconded the motion.  The Board voted unanimous approval.

8.      REPORTS:
Village Mgr Herbek reported that there is a need for a DPW yard; they have been closed out of using various areas in the Village and this will be discussed at a future work session.

Village Manager Herbek reported that he will have a meeting with the Briarcliff Board of Trustees on May 12th in Briarcliff at 7:30 regarding the Millennium Pipeline Project; they will adjourn immediately to Executive Session. Mr. Herbek reported that he has received the contract from the Teamsters which is expiring in May and he will be reviewing it.

Trustee Wiegman reported that an energy independence conference held in White Plains-Croton has a positive.  New Castle has chosen to buy electricity from Wind Power and the County is looking at this also.  Mayor Elliott has made several presentations.  Echo Canoe launch looks terrific.

Trustee McCarthy thanked the staff for the new stop sign that will be installed at Morningside.

Trustee Schmidt reported that Summerfest is scheduled for June 1st one can contact the Recreation Dept. if you want to march; vendors can contact him.

Trustee Grant stated that she was surprised that the landlords did not come in tonight and she was pleased at how well the residents conducted themselves.

Trustee Grant made a motion to adjourn.  Trustee Schmidt seconded the motion; approved unanimously.  The meeting was adjourned at 12 midnight.

Respectfully submitted,

Phyllis A. Bradbury, Secretary

Village Clerk