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Board of Trustees Minutes 07-21-2003
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, July 21, 2003 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.

The following officials were present:

        Mayor Elliott
Trustee Wiegman
        Trustee Schmidt
Treasurer Reardon
        Manager Herbek

        Absent: Village Attorney Waldman, Trustee Grant, Trustee McCarthy

1. CALL TO ORDER:

Mayor Elliott called the meeting to order at 8:07 PM.  Everyone joined in the Pledge of Allegiance.  He informed the audience that Attorney Waldman and Trustee Grant are on vacation and Trustee McCarthy is unable to be here.
 
2.  APPROVAL OF VOUCHERS:
On a motion by Trustee Wiegman, seconded by Trustee Schmidt, the vouchers were approved unanimously as follows, subject to review by the Audit Committee

        General Fund            $ 6,765.60
        Water Fund                 1,763.26
        Capital Account            22,643.13
        Trust & Agency    13,314.05
        Total                            $44,486.04


3.  MAYO’S LANDING – Discussion of Public Use and Public Access.
Mayor Elliott stated that this discussion was carried over from the last meeting so additional people who wished would have an opportunity to speak to the issue. Manager Herbek has taken many actions since the last meeting and he, Mayor Elliott, has spoken to County and State officials.  He thinks we might be able to get some funding for pursuing the Croton River Compact initiative.

Carol Shanesy, Nordica Drive, asked about the status of the NO PARKING signs.  Mr. Herbek stated that there has been a lot of thought and discussion on location of these signs as they affect the immediate neighbors. He has provided a memo of  staff thoughts on this issue, i.e. the NO PARKING signs in front of Mayo’s Landing on the west side of the street should remain but those on the east side be removed. This requires guidance from the Village Board. Mayor Elliott stated that the Village will be taking some signs down but haven’t decided precisely when yet.  Ms. Shanesy said the signs that concern her tenants (she is part owner of Mikado Inn) are on the east side of the street. She would like them to be kept there because this is a very tight parking situation for Mikado Inn tenants.  Trustee Wiegman agreed it is tight in this area.  He suggested we should consider allowing parking there where there are no homes on both sides.  He saw little parking this past weekend.  Trustee Schmidt said he is still confused about what the neighbors want or don’t want.
 
Charlie Kane, 68 Truesdale, said the number of signs causes visual pollution which degrades the neighborhood. He recommends taking down the signs on the east side along the entire street and also allow some parking in the Mayo Landing area itself – maybe 3 to 4 spaces could be accommodated.

Paul Kleinman, Nordica Dr., stated that when people start coming in larger numbers it contributes to a speeding problem.  It is mainly a teenage problem – squealing tires; he recommends a speed hump as a solution. The basic problem is a monitoring problem – nobody objects to swimming, fishing and other use of area – it just needs monitoring on a closer basis.  Parking is not the problem; people’s behavior is the problem.  Speeding has not been a problem this summer.
 
Charles Kane – a special designation as a Special Use Area for this area of the Village might be appropriate and the Board should consider this. It is not appropriate to be designated as a park.  The area needs some attention; there are gullies, erosion, and Mayor Elliott concluded the discussion by reaching agreement on the Parking signs. Trustees Wiegman and Schmidt agreed that the signs should be removed from the east side of Nordica Dr.  Trustee Schmidt asked residents to keep the Board informed as to how this works out.

4.      CORRESPONDENCE:  .

a.      Gerry Mulligan, Commissioner, Westchester County Department of Planning, re: Westchester County Citizen’s Volunteer Monitoring Program. Mr. Mulligan advises that that every week during the summer months, the volunteer water monitors are collecting date throughout the County in an effort to create a baseline of water quality data on local streams.

Discussion:  Trustee Wiegman asked if there is an age limit for monitors?  Manager Herbek will find out.

b.      Steve Samuels, Cleveland Drive, re: Request to Hold Block Party.  The event would encompass Cleveland Drive from Gerstein Street to the end and include Jacoby Street.

Discussion: Trustee Schmidt moved that the request be approved, seconded by Trustee Wiegman; all approved.

c.      Thomas Mensah, Executive Secretary General,  National Council of Ghanaian Associations, re: Request to use Croton-Harmon Train station on August 30, 2003. The association will be holding a picnic and cultural show at Croton Point Park on that date.

Discussion:  Mayor Elliott suggested that this be left to the discretion of Manager Herbek; all agreed.

d.      Gerry Mulligan, Commissioner, Westchester County Department of Planning, re: Tappan Zee Bridge/I-287 Corridor Environmental Review. He advises that 15 “corridor scenarios” will be presented for public review on July 29th and July 30th in White Plains and West Nyack respectively.  These scenarios will have major land-use implications.
        
5. CITIZEN PARTICIPATION

Maria Cudequest, 84 Grand Street; Ms. Cudequest asked that the Village put a reminder of the above two dates on the web site.  Her neighbors and she were disappointed about the amendment to steep slopes that is on agenda tonight. Asked if Board members had read Mack Report 2 – it is an indictment of the industry and Metro Enviro in particular.  She will concentrate on one item tonight – the original cleanup of the site is ‘suspected to have been accomplished by illegal dumping according to the report; no tracking documents for the materials can be located.  Disposal records are mandated under regulations.  The waste is suspected to have been illegally dumped; no one knows where it went; this is disturbing.  Several residents, herself included,  have contacted every agency they can think of that may have an interest in this with this information.  They feel they have a moral imperative;   over years they have been told that there are laws to protect us but what we have seen from the industry and Metro Enviro, based on the information in the Mack reports, is a disregard of the laws.  She is pleased that the Village Board is moving ahead with the appeal and hopefully removing this facility from Croton. She heard that Walter Mack no longer has any authority over Metro Enviro as of July 14, 2003; think what they may do without any monitoring going on considering what their record is. She suggests that the Village consider, on a temporary basis, bringing in someone for a short period of time since there is no longer any monitoring going on - maybe a 90 day contract on a once a week basis – probably need to consult with counsel.


5.      RESOLUTIONS:

d.      Budget Amendment, re: year-end adjustments.

On motion of  TRUSTEE Wiegman,  seconded by  TRUSTEE Schmidt,  the  
following resolution was adopted on a 3-0 vote by the Board of Trustees of the Village of Croton-on-Hudson, New York

WHEREAS, the Treasurer wishes to open both sides of the General Fund budget to cover the cost of compensated absences, amending the 2002-2003 General Fund budget effecting the following accounts; and

Increase  1-1230.0100.  by  $   40,000.00   ( Personnel Expenses )
Increase  1-3120.0100.  by  $   39,944.00   ( Personnel Expenses )

Increase  1-0001.1120   by  $   79,944.00    ( Sales Tax )

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

b.      Budget Amendment, re: Reserve Retirement Account.

On motion of TRUSTEE Schmidt, seconded by TRUSTEE Wiegman, the following resolution was adopted on a 3-0 vote by the Board of Trustees of the Village of Croton-on-Hudson, New York:

Whereas, the Treasurer of Village of Croton on Hudson wishes to create a designation for future retirement expenses by designating funds from the 2002-2003 General fund budget; and

Now Therefore Be It Resolved, that the Village Treasurer designate $ 81,500.00  from the 2002-2003 General fund budget to fund future ERS and PFS charges levied by the NYS Retirement System.

Discussion:Treasurer Reardon stated that his philosophy is to impact the future taxes as little as possible so this will level out the playing field over future years.

c.      Establishing reserve for Well #5.

On motion of TRUSTEE Wiegman, seconded by TRUSTEE Schmidt, the following resolution was adopted by a 3-0 vote by the Board of Trustees of the Village of Croton-on-Hudson, New York:

WHEREAS, the Village Board and the Village Manager recommends establishing a designated Reserve account in the Water Fund for the engineering study that will be needed for the eventual construction of an additional water well to be used by Croton residents for water consumption; and

WHEREAS, The Village Treasurer recommends establishing said designated Reserve account in the Water Fund by deducting $75,000.00 from the current Water Fund undesignated fund balance.

NOW, THEREFORE BE IT RESOLVED:  that the Village Treasurer is hereby authorized to establish a Designated Reserve account of $75,000.00 for the express purpose of engineering well # 5 to ensure the adequate supply of water to the system.

d.      Calling for Public Hearing on August 20, 2003, to consider Local Law Introductory No. 1 of 2003, amending the Steep Slopes Law.

On motion of TRUSTEE Schmidt, seconded byTRUSTEE Wiegman, the following resolution was adopted by a 3-0 vote by the Board of Trustees of the Village of Croton-on-Hudson, New York:  

WHEREAS, the Village Board of Trustees is considering amending the Steep Slopes Law; and
WHEREAS, the Village Attorney has written Local Law Introductory No. 1 of 2003 , a local law to Amend the Special Hardship Permit Provisions of the Steep Slopes Law,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby calls for a Public Hearing on August 20, 2003 at 8 pm at the Stanley H. Kellerhouse Municipal Building to consider Local Law Introductory No. 1 of 2003.

        Discussion: Trustee Schmidt said August is a tough time for Public Hearings, many are on vacations. Mayor Elliott said that the Board can keep the hearing open for subsequent meetings; he noted that Trustee McCarthy feels it should be in September as well. Mayor Elliott said it should be held as scheduled and carried over if needed.

e.      Authorizing Village Manager to sign agreement with Stearns & Wheler for $8,500.00 for additional services relating to the sanitary sewer force main at Arrowcrest and Skyview Nursing Home.

On motion of  TRUSTEE Wiegman,  seconded by  TRUSTEE Schmidt,  the  
following resolution was adopted by a 3-0 vote by the Board of Trustees of the Village of Croton-on-Hudson, New York:  

WHEREAS, the Village 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 was to clean the force main with a pig cleaning system; and

WHEREAS, the Village Board of Trustees is considering a further study and evaluation; and

WHEREAS, the Village Engineer had asked Stearns & Wheler to provide an additional proposal with an additional scope of services; and

WHEREAS, on May 27, 2003 the Board of Trustees approved a resolution for the Village Manager to sign the proposal from Stearns & Wheler for $8.500.00 utilizing $5,200 from the Sewer Department contractual account and taking $3,300 from the contingent account; and

WHEREAS, the actual proposal was not received until July 2003 and the funds were not encumbered and no funds for this proposal were budgeted for in the 2003-2004 annual budget,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the agreement dated July 7, 2003 with Stearns & Wheler for $8,500.00

AND BE IT FURTHER RESOLVED: that the Village Treasurer amend the 2003-2004 General fund budget to move the unbudgeted funds from the Contingent account to the Sewer Department contractual.
1.      Increase        001 8120.0400 by $8,500.00 (Contractual Expense)
2.      Decrease        001-1990.0400 by $8,500.00 (Contingent Account)

Discussion:  Manager Herbek updated the Board on progress on this issue to date.  He has made daily stops in recent weeks and has not smelled anything during this period; he gave his home phone # to Ms. Fagan to call if the odor occurs – she has not called so far.  This agreement is for rerouting the sewer line down Albany Post Road ; he is not saying the Village shouldn’t do this, but there haven’t been any complaints recently. Mayor Elliott explained the genesis of this option – it is based on the recommendations of Ms. Fagan and Fran Allen.

f.      Authorizing Village Manager to sign an agreement with Buckhurst Fish & Jacquemart for consulting services relating to the proposed Moratorium Law and proposed Gateway Law.

        On motion of  TRUSTEE Wiegman,  seconded by  TRUSTEE Schmidt,  the  
following resolution was adopted by a 3-0 vote by the Board of Trustees of the Village of Croton-on-Hudson, New York:  

WHEREAS, the Village Board, together with the Comprehensive Plan Committee and the Planning board have been working on the development of a Gateway Overlay District Law utilizing the planning consultant services of the firm of Buckhurst, Fish & Jacquemanrt, Inc., ; and

WHEREAS, the Village has received a proposal from the firm of Buckhurst, Fish & Jacquemart to (1) Revise and edit the Gateway Overlay District Text in conjunction with the Comprehensive Plan Committee and Seymour Waldman, Village Attorney, (2) Prepare and discuss appropriate research on definitions, use and bulk controls as appropriate from other Westchester communities, (3) Advise on moratoria and related SEQR issues. This includes preparing a draft moratorium law., (4) Attend up to 5 committee meetings, 3 public hearings and/or Trustee meetings as necessary, on a time and expense basis with an upset fee of $10,000.00  ; and

WHEREAS, work has already begun on this project and the Village has been previously billed for $2,645.12 to-date and a purchase order was created on May 30, 2003 for $10,000.00 against the capital account #003-8660-0200-0001-0049; and

WHEREAS, the consultant agrees that there is $7,354.88 remaining on this proposal,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the proposal dated July 26, 2003 with the firm of Buckhurst, Fish and Jacquemart to provide the above described planning consultant services to the Village on a time and expense basis with an upset fee of $10,000.00.

BE IT FURTHER RESOLVED: that all additional invoices for this project be charged against Purchase Order #2031193.

g.      Authorizing Village Manager to sign agreement with Buckhurst Fish & Jacquemart for their preparation of all documents necessary for complying with SEQRA procedures relating to the adoption of the Gateway Law.

On motion of  TRUSTEE Schmidt,  seconded by  TRUSTEE Wiegman,  the  
following resolution was adopted by a 3-0 vote by the Board of Trustees of the Village of Croton-on-Hudson, New York:  

WHEREAS, the Village Board, together with the Comprehensive Plan Committee and the Planning Board have been working on the development of a Gateway Overlay District Law utilizing the planning consultant services of the firm of Buckhurst, Fish & Jacquemart, Inc., ; and

WHEREAS, the Village has received a proposal from the firm of Buckhurst, Fish & Jacquemart to provide all of the documents necessary for complying with New York State Environmental Quality Review procedures for the Gateway Overlay District, up to the submission of the Draft Generic Environmental Impact Statement for a proposed fee of $14,500.00 ; and

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the proposal dated July 16, 2003 with the firm of Buckhurst, Fish and Jacquemart to provide all of the documents necessary for complying with New York State Environmental Quality Review procedures for the Gateway Overlay District, up to the submission of the Draft Generic Environmental Impact Statement for a proposed fee of $14,500.00.

BE IT FURTHER RESOLVED: that this be charged to account number 8020.400.

h.      Calling for Public Hearing on August 20, 2003 to consider Local Law Introductory No. 2 of 2003, establishing an interim development moratorium in the proposed gateway districts.

On motion of TRUSTEE Wiegman, seconded by TRUSTEE Schmidt,  the  
following resolution was adopted by a 3-0 vote by the Board of Trustees of the Village of Croton-on-Hudson, New York:  

WHEREAS, the Village Board is considering adopting a gateway law to establish certain zoning and design guidelines specified in the Comprehensive Plan; and

WHEREAS, the adoption of this law is a long process requiring a draft environmental impact statement; and

WHEREAS, the Village Board is concerned about certain development taking place in the gateway areas before the adoption of the law,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby calls for a Public Hearing on August 20, 2003 at 8pm in the Stanley H. Kellerhouse Municipal Building to discuss Local Law Introductory No. 2 of 2003 establishing an Interim Development Moratorium in the Proposed Gateway Districts with the Village of Croton-on-Hudson.

Discussion: Manager Herbek stated that previously approved applications would not subject to this law.

i.      Declaring Lead Agency for Local Law Introductory No. 3 of 2003, establishing a Gateway Overlay District.

On motion of  TRUSTEE Schmidt,  seconded by  TRUSTEE Wiegman,  the  
following resolution was adopted by a 3-0 vote by the Board of Trustees of the Village of Croton-on-Hudson, New York:  

WHEREAS, the Comprehensive Plan, adopted in January 2003, recommended the establishment of gateway overlay zoning districts; and

WHEREAS, the Village’s consultant, Buckhurst Fish & Jacquemart, prepared a Gateway Overlay Zone Law which was considered as Local Law Introductory No. 8 of 2002; and

WHEREAS, on October 21, 2003, the Village Board of Trustees declared their intent to serve as lead agency for this action and circulated the Environmental Assessment Form to all interested parties; and

WHEREAS, no agencies have come forth to serve as lead agency and as a practical and legal matter the Village Board of Trustees is the only agency which can serve as lead agency for this matter; and

WHEREAS, based on the Public Hearing held on January 6, 2003, and various other considerations, the Gateway Law has been significantly revised; and

WHEREAS, the Village Board of Trustees must consider the environmental impacts of adopting the proposed revised Gateway Overlay Zone Law which is being considered as Local Law Introductory No 3 of 2003; and

WHEREAS, a revised full Environmental Assessment Form has been prepared by Buckhurst Fish & Jacquemart; and

WHEREAS, a Draft Generic Environmental Impact Statement will be prepared,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees declares itself lead agency for this action and authorizes the circulation of the revised EAF and Local Law Introductory No. 3 of 2003 to all interested parties.  

j.      Approving the Carl Stein application for connection to 6-inch force main located in the Old Post Road North right-of-way.

        On motion of TRUSTEE Wiegman, seconded by TRUSTEE Schmidt,  the  following resolution was adopted by a 3-0 vote by the Board of Trustees of the Village of Croton-on-Hudson, New York:  

Whereas, Carl Stein applied to the Village to allow the connection of an individual 2-inch force main to the 6-inch force main located in the Old Post Road North right-of-way, and

Whereas, this application was referred by the Board of Trustees to Stearns & Wheler and they have provided the Village with comments regarding the proposed connection, and

Whereas, the comments and recommendations have been reviewed by the Village Engineer and will be incorporated in the approval of this application as additional conditions where appropriate by the Village Engineer,

Now Therefore Be It Resolved, that the application submitted by Carl Stein to allow the connection of a 2-inch force main to the 6-inch force main located in the Old Post Road right-of-way is hereby approved with conditions as provided by Stearns and Wheler and the Village Engineer, and

Be It Further Resolved, that the Village Engineer forward a letter of application to the Westchester County requesting that the Stein property be added into the Ossining Sanitary Sewer District.

Discussion: Trustee Schmidt had questions about the conditions suggested by Stearns & Wheler; he is concerned about issues of village liability and the village development of sewer regulations as to resident responsibility in maintaining pump stations.  Village Engineer  O’Connor proposed that an agreement with Mr. Stein be worked out in which he agrees to certain maintenance levels of the pump station.  As to the vault, the Village would want to take respnsibility for it and maintain it;  wouldn’t want anyone else to be maintaining it. He explained what will actually be installed and why it is desirable.   Trustee Schmidt said he was concerned about hooking up something else to this system where we have problems that we are still studying. Mr. O’Connor explained what a ‘vault’ is in the context of this proposal; the applicant is responsible for paying for and installing the vault.  Manager Herbek stated that from an environmental standpoint, we want people to get on a sanitary sewer connection as opposed to a septic installation.  Trustee Wiegman asked about Mr. Stein’s timeframe; Mr. O’Connor doesn’t know the answer.

k.      Establishing surplus property.

On motion of  TRUSTEE Wiegman,  seconded by  TRUSTEE Schmidt,  the  
following resolution was adopted by a 3-0 vote  by the Board of Trustees of the Village of Croton-on-Hudson, New York:

WHEREAS, the Village routinely disposes of equipment which has been determined to be nonfunctional and no longer needed or useable by the Village; and

WHEREAS, the Village’s Central Garage Foremen/Mechanic, Martin Gariepy, has prepared a list of vehicles that are no longer needed by the Village,

NOW, THEREFORE BE IT RESOLVED:  that the Village Board of Trustees hereby declares the listing of vehicles in Mr. Gariepy’s memorandum of 7/15/03 to be surplus and the Village Manager is hereby authorized to dispose of these vehicles and equipment by auction, sealed bids or by other means of disposal at this option.

7.  APPROVAL OF MINUTES:

On a motion by Trustee Wiegman, seconded by Trustee Schmidt, the minutes of the Special Meeting of June 30, 2003 were unanimously approved without amendment.

On a motion by Trustee Wiegman, seconded by Trustee Schmidt, the minutes of the Meeting of July 7, 2003 were unanimously approved as amended.

On a motion by Trustee Schmidt, seconded by Trustee Wiegman, the minutes of the Special Meeting of July 14, 2003 were unanimously approved without amendment.


8.      REPORTS:

Manager Herbek:  Manager Herbek provided a Police report on their checking of vehicles entering Metro Enviro for required permits – 2 violations since June.  The Police are also monitoring Mayo’s Landing and Croton Landing with respect to summer activities at these locations.  Auxiliary Police have been assigned to monitoring parks respecting dogs being in our public parks; he asked for cooperation in not bringing dogs into parks. A lot of summer work is taking place. The curb project along oute 129 is moving along very quickly; he thinks it will make a substantial change in the appearance of Maple St.

Trustee Wiegman   Thanked the Village for help in arranging a variety of sports and energy meetings in the Municipal building.  He read a section from the Compact on the Croton River developed many years ago and provided by resident Joel Gingold - a  phrase written by Robert Boyle that was about the Thames in England but applies very well to the Croton River.  Mayor Elliott said that Mr. Boyle used to fish regularly in the Croton River.

Trustee Schmidt: The Arboretum had a successful garden tour; Is Croton Landing also off limits to dogs?  Manager Herbek said it is not public park yet, so for the moment, it is ok; really talking about village parks and school property.  Mayor Elliott said that Croton Gorge and Croton Point are also okay for dogs.

Treasurer Reardon:  Mr. Reardon listed where the water meters transmitters are being installed in the Village.

Trustee Schmidt made a motion to adjourn the meeting, seconded by Trustee Wiegman, and by unanimous vote, the meeting was adjourned at 9:15 pm.


Respectfully submitted
Ann H. Gallelli, Secretary




__________________________
Village Clerk