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Village of Croton-on-Hudson
1 Van Wyck Street
Croton-on-Hudson, NY 10520

Phone: 914-271-4781
Fax: 914-271-2836


Hours: Mon. - Fri., 8:30 am - 4 pm
 
Board of Trustees Minutes 10 07 2003
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Tuesday, October 7, 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
        
1. CALL TO ORDER:
Mayor Elliott called the meeting to order at 8:00 p.m.  Everyone joined in the Pledge of Allegiance.


2. APPROVAL OF VOUCHERS:
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                    $ 137,903.02
                Water Fund       8,613.97                                       
                Capital Accounts        69,834.21
        Trust & Agency          6,259.00                
                        $  222,610.20
3.      PUBLIC HEARING:
a)      Mayor Elliott opened the public hearing to consider Local Law Introductory #1 of 2003, amending the chapter on Steep Slopes.  Village Manager Herbek read the proposed resolution.  The following people were heard:

Chuck Trendel, 39 Batten Rd., stated that he thought it is wrong to adulterate this law; the Village should be getting more green space rather than more houses; the law should be made stronger.
Maria Cudequest, 84 Grand St., commented that when the level of standing is increased, you also increase the level of error; she has little faith that the Village can keep track of these bonds; she asked if any choose to vote for this amendment tonight, please articulate why you are doing so.
Carol Turrela, 49 Truesdale Dr., stated that the changes are an improvement of what was offered in August; the Planning Board recommended engaging a consultant to review the technical requirements of the Steep Slopes Law; will the Board choose to do this and when. Trustee McCarthy added that she feels it is not adequately explained why this is being undertaken without full review of this law.  Ms. Turrela added that in the Negative Declaration, under the reason supporting this application, she finds that it is hard to believe it will not increase the number of permits granted; this opens the door to increased development.  She talked about the SEAF, part 2, box E, impact assessment, she has an issue that the ‘no’ box is checked;  also Part 1 #7, the amount of land affected,  she is not comfortable amending the law without knowing the full impact; they need to understand the amount of development, the impact on the school district and the costly improvements to the sewer system.  She asked that the Board doesn’t pass this amendment; they should follow the Planning Board’s recommendation and hire the consultant.

        Maria Modica-Snow, Attorney for Joanne Jackson, stated that by increasing the number that have standing, you will avoid a lawsuit; there haven’t been a large number of applications since the law came into effect; the applications have lead to a tremendous amount of money and time spend on review; the opponents have a fear that this will automatically lead to increased development; the purpose of the steeps slopes law was not to prevent development but to protect the environment and the Village is now adding a performance bond; giving people standing does not give them automatic development rights.

Mayor Elliott closed the Public Hearing.  Trustee Grant made a motion to approve the resolution; seconded by Trustee Wiegman.

Discussion:
Trustee McCarthy asked the members of the Board why they are considering the amendment at this time without undertaking a full review.  Trustee Grant replied that the recommendation deals more with all the zoning ordinance; she does not agree the whole ordinance needs to be revised; just the part that allows a person to come to the Board asking if they may do something.  Mayor Elliott stated that the resolution articulates how he feels; if they need to go back, revisit and tighten it up, it can be done, but this will give a person standing and may avoid a law suit.  Trustee McCarthy replied that she doesn’t care if the Village ends up in court; Ms. Modica-Snow is wrong about the Village losing and did not quote any law or the standard that is applicable; they should not open up the door to make this law less stringent than it is but should make a full review first.  Trustee McCarthy referred to the 4th “whereas” clause and recommended a wording change; she also asked if any changes or modifications have been made to the Negative Declaration and the SEAF since it was presented to the Board.  Village Attorney Waldman replied that the resolution expresses the reason why this is being done; no changes were made to these two documents. Trustee McCarthy questioned what facts, basis or documents he relied on to make the statement about the number of applicants eligible to apply for a hardship permit.  Village Manager Herbek replied that he prepared a number of documents for the Board and they can make any changes they want to the Negative Declaration; he has not heard anything back about any changes.  Discussion followed regarding the wording and the potential adverse impact.  Trustee Grant added that this is telling residents they have the right to apply.  Trustee McCarthy referred to the accuracy of the wording regarding the performance bond requirements; she also questioned the wording on Section A, page 6 of the law.  Village Attorney Waldman replied that he believes that the wording is fine and it has been discussed at length at work sessions.  Trustee McCarthy asked about the wording of Section 2, and asked to change it to any ‘material’ adverse effect.  Village Attorney replied that ‘significant’ speaks in terms of the factor itself and is relevant to the impact being talked about.  Trustee McCarthy asked about Section 4 and thought the Board had agreed to apply the standard that there should be no increase in runoff.  Village Engineer Dan O’Connor explained that rain hitting the ground becomes runoff if it comes off in big rush; they should limit the post development peak flows to the pre development levels.  Trustee Wiegman asked approximately how many building permit applications are received per month.  Village Engineer Dan O’Connor replied approximately 10.  Trustee Wiegman asked how many applications regarding steep slopes? Dan O’Connor replied about 3 in the last few years since he has been employed by the Village.  Trustee Wiegman stated that would be about 4 or 5% of the total.  Dan O’Connor added that the steepness of the lot may not make it worth building on it; perhaps in years from now,  putting a lot of money into it may be worth it.   Trustee Schmidt stated that as times change, economic viability to build on steep slopes may change which is an important consideration here.   Dan O’Connor suggested putting a limitation on the amount of disturbance; every lot has unique characteristics.  Trustee Schmidt stated that it is obvious that the Board cannot come to a consensus on how to change this law; he suggested sending it out for review, have someone look at it and get back for further consideration.  Norm Shear asked about the Board’s intention to allow certain smaller lots to qualify but larger lots would not?  Village Attorney Waldman replied that the new sentence that says if you need variances independent of the application, you must get those first and it would not be a buildable lot if they do not get the variance.   Trustee McCarthy referred to the section regarding performance & erosion control bonds, 8 lines down, she thought they were going to put in a separate sentence regarding the applicant’s requirement to provide a certificate of construction compliance from a NYS licensed engineer.  Village Attorney Waldman replied that he believes this language was crafted at the work session and it is up to the Village Engineer to require the certificate if he deems it necessary.  Trustee McCarthy stated that a separate sentence is needed.   Dan O’Connor replied that a requirement for a certificate from a licensed engineer can be done or may not be required; 85% of the time he does require it.  Village Attorney Waldman added that it is not uniformly required in all instances.  Trustee McCarthy asked that they add -before ‘The bond(s) shall remain” the sentence: Prior to any bond reduction or release application, the Village Engineer may require the applicant to provide a certificate of compliance from a NYS certified engineer.  She added that she believes it is not up to the Village Engineer to determine if the bond should be released; an application should be made to the Village Board initially then ask for a report.  Village Attorney Waldman replied that it is clear that the Village Engineer has to do specific things then it goes to the Board of Trustees and there has to be a Public Hearing before a bond is released.  Trustee McCarthy did not agree-this is putting the Village Engineer on the hook, not the applicant.  Trustee Wiegman stated that the protection is needed during construction period when the area is most vulnerable.  Trustee Grant stated that they have gotten pretty far afield of the original intent of the rewording of the law which is to allow residents to come before the board to ask for relief from a law that is giving them trouble and make their case to the appropriate boards.  Trustee Schmidt added that he also feels people should have the right to apply, but the law needs to be tightened up, be sent out for review, check other communities and come back with a law that will protect the individuals who live around these properties as well as those who own the property.  Village Attorney Waldman replied that the additional conditions were prepared after study of at least 8 or 9 steep slopes laws from the county of Westchester and these are consensus conditions largely in consensus language.

Ann Gallelli stated that generally when the Planning Board has subdivision applications, they require studies that would show the amount of flow and volume occurring at any particular level of storm.  She added that what is here tonight is a very small amendment to the steep slopes law; there is a misconception that these 2 or 3 paragraphs are the whole law, but there are very extensive sections discussing the formula for allowable disturbance; it is very precise and there are many additional detailed requirements that have to be met by the applicant and are of engineering nature-all these things suggested tonight are already included in the remainder of the law that is not being touched and the Planning Board already has all of the these requirements before they do a site review.  Village Attorney Waldman asked what is needed to meet a 10 year storm standard.  Dan O’Connor replied that they generally use a model rainfall distribution to do an analysis; they have had numerous meetings, presentations and reports from Dvirka & Bartilucci for a 5 year storm; each year of increase creates an additional burden on homeowner.  

Motion to approve the resolution as amended and adopt the Local Law, which upon adoption would become Local Law No. 2 of 2003, was made by Trustee Grant, second by Trustee Wiegman.   Trustee McCarthy made a statement that this application has disturbed her because she cannot understand what harm it would cost to do a full analysis, get a consultant in, and talk about other provisions not touched by this law.  Trustee Wiegman stated that he believes it strengthens an already strong law.  Vote was taken as follows: aye –Trustees Grant, Wiegman, Mayor Elliott; nay – Trustees Schmidt, McCarthy.  

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

WHEREAS, the Planning Board and Village Attorney have recommended an amendment to the Steep Slopes law changing the requirements for applicants to be eligible to apply for, and be granted, a special hardship permit and adding the requirement of a performance and erosion control bond; and

WHEREAS, the proposed amendment does not ease in any respects the conditions under which a special hardship permit may be granted but rather imposes new conditions and restrictions that must be satisfied; and

WHEREAS, residents have no ability to seek relief from, or variance of, the strict application of the Steep Slopes Law to single-family residential properties other than through a special hardship permit issued by the Village Board of Trustees; and

WHEREAS, in order to provide standing to seek such a permit to affected owners of residential property, the changes reflected in the proposed amendment would eliminate the absolute bar to seek a special hardship permit now applicable to many residential property owners under the Steep Slopes Law, while at the same time tightening the standards under which such a permit may be granted;

WHEREAS, based on the short EAF prepared by the Village, the Village Board has determined that there will be no significant environmental impact from this action,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby adopts the attached Negative Declaration declaring this an unlisted action,

AND BE IT FURTHER RESOLVED: that the Village Board of Trustees approves the adoption of Local Law Introductory No. l of 2003, to amend the Special Hardship Permit Provisions of the Steep Slopes Law.

NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing                                                                     41 STATE STREET, ALBANY, NY 12231



        Village of Croton-on-Hudson

        Local Law No. 2  of the year 2003



A local law to Amend the Special Hardship Permit Provisions of the Steep Slopes Law


Be it enacted by the Board of Trustees of the

Village of Croton-on-Hudson as follows:


Section 1. Section 195.9A of the Code of Croton-on-Hudson is hereby amended to read as follows:
A.      The Village Board of Trustees may grant a special hardship permit to any person to except from some or all of the provisions of §~195_5 of this chapter a separate lot which otherwise meets the minimum requirements for the construction of a one-family dwelling unit.  A hardship permit shall not be considered if, independent of steep slopes considerations, the property needs an area, width or depth variance in order to qualify as a buildable lot unless such variance(s) have been granted prior to making of the application for a hardship permit.  Such a special hardship permit may be granted upon the lot owner's demonstration that the application of this chapter to the lot reduces the square footage of the lot below the minimum square footage required by Article IV of the Zoning Law of the Village of Croton-on-Hudson to the extent that the lot cannot be utilized for the construction of a one-family dwelling unit, provided that the lot owner also demonstrates that:
(1)     The steep area or areas will be disturbed to the minimum extent consistent with the use of the~lot as a one-family dwelling and be otherwise consistent with the objectives of this chapter as set forth §~195_1 above;
(2)     Appropriate mitigation measures will be taken to prevent significant adverse environmental effects of such disturbance of the steep slope area;
(3)     The proposed activity will not result in creep or sudden slope failure;
(4)     Any increased post-building water runoff shall not materially affect any other property;
(5)     The proposed activity will preserve and protect existing wetlands, water bodies, watercourses and floodplains;
(6)     The proposed activity will not adversely affect existing or proposed wells or sewage disposal systems; and
(7)     The requirements of §~195_6 of this chapter are met to the extent required by the Planning Board.  The Planning Board may consult the Village Engineer for the purpose of determining which of the requirements of §~195_6 shall be met.  Nothing in this section shall except the special hardship applicant from complying with all building permit requirements applicable to areas of less than fifteen-percent slope.
Section 2. A new Section 195_11 is added, reading as follows, and present Section 195_11 is renumbered as Section 195-12:
§~195_11.  Performance and Erosion Control Bonds.

In granting a special hardship permit under this chapter, the Village Board of Trustees may require posting of a performance and or erosion control bond(s) as a condition of approval, the amount and surety of such bonds to be approved by the Village Board of Trustees.  The performance bond is intended to ensure the proper completion of the proposed activity in accordance with the approved plans, the restoration of the area to its natural condition as far as practicable and protection of adjoining property owners from damage resulting therefrom.  The erosion control bond is intended to ensure the proper installation and maintenance of the erosion control measures.  Prior to any bond reduction or release application, the Village Engineer may require the applicant to provide a certificate of construction compliance from a New York licensed engineer.  The bond(s) shall remain in effect until the Village Engineer certifies that the work has been completed in compliance with the terms of the permit, the approved building plans, any certificate of construction compliance from a New York licensed engineer required by the Village Engineer, and any required restoration of the area or other required measures to protect adjoining property owners from damage, whereupon the bond shall be released or reduced after authorization of the Village Board of Trustees following public notice and hearing..  A substitute bond may be provided as approved by the Village Board of Trustees.
Section 3. This local law shall be effective upon filing with the Secretary of State.


b)  Mayor Elliott opened the Public Hearing of Local Law Introductory #4 of 2203, amending the chapter on Fees to allow all fees to be adjusted from time to time by resolution instead of by local law.  As no comments were forthcoming, Mayor Elliott closed the Public Hearing.  Trustee Schmidt made a motion to adopt the Local Law, which when adopted would become Local Law No. 3 of 2003, seconded by Trustee Wiegman, approved unanimously.

NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing                                                                     41 STATE STREET, ALBANY, NY 12231



        Village of Croton-on-Hudson

        Local Law No. 3  of the year 2003



A local law to rescind the existing chapter on Fees and replace with a new chapter on Fees


Be it enacted by the Board of Trustees of the

Village of Croton-on-Hudson as follows:


Section 1. Chapter 122 Fees is hereby rescinded in its entirety and replaced with the following:

Section 122-1. Legislative Intent. It has been found that the procedure for amending fee schedules through the enactment of local laws is both time-consuming and economically unfeasible.  The Village of Croton-on-Hudson enacts the following chapter to allow for the efficient, orderly and prompt adjustment of all village fees by resolution.

Section 122-2. Title. The title of this chapter shall be "Fees," and it shall affect all present and future local laws, boards, commissions and public agencies within the jurisdictional limits of the Village of Croton-on-Hudson.

Section 122-3. Definitions. As used in this chapter, the following words shall have the following meanings:

BOARD -- The Board of Trustees of the Village of Croton-on-Hudson.

FEE -- Any lawful charge pursuant to the General Code of the Village of Croton-on-Hudson, including but not limited to all admission charges, membership fees, dues, permit and special permit fees, license fees or any charge or disbursement required by a duly constituted board, commission or committee of the Village of Croton-on-Hudson.

PENALTY -- Any monetary assessment imposed as a result of a failure to comply with any local law, rule or regulation within the jurisdiction of the Village of Croton-on-Hudson.

Section 122-4. Adjustment of fees; exclusions. All fees imposed by the Village of Croton-on-Hudson may, from time to time, be adjusted to reflect either an increase or decrease upon a resolution duly enacted by the Board.

Section 122-5. Record of fees.~Upon enactment of a resolution pursuant to § 122-4 of this chapter, said resolution shall be filed with the Village Clerk, with copies forwarded to all applicable boards, commissions, committees and department heads of the village. It shall be the responsibility of the Village Clerk to maintain an official record of all village fees and the changes thereto.





Section II: The following sections of the Village Code are amended to read as follows:


Section 200-3B of Chapter 200 of the Code of the Village of Croton-on-Hudson is hereby rescinded and replaced with:
(1) For every subdivision in an RA or RB District, a fee set by resolution of the Board of Trustees shall be paid to the Department of Engineering.


Section 230-78D of Chapter 230 of the Code of the Village of Croton-on-Hudson is hereby rescinded in its entirety.

Section 108-5 of Chapter 108 in the Code of the Village of Croton-on-Hudson is hereby rescinded and replaced with:
The local fee for dog licenses shall be periodically set by resolution of the Board of Trustees and charged in addition to the statutory fees.


Section 115-8 of Chapter 115 in the Code of the Village of Croton-on-Hudson is hereby rescinded and replaced with:
(A) Any development or construction approval may require that, prior to engaging in individual activities which shall disturb the land or potentially adversely affect the environment, a fee to offset the cost of the environmental consultant be paid in an amount set by resolution of the Board of Trustees.

Section 206-5 of Chapter of 206 of the Code of the Village of Croton-on-Hudson is hereby rescinded and replaced with:
(O) The applicant for a special use permit under this chapter shall pay to the village a fee set by resolution of the Board of Trustees.

Section 1-12 of Chapter 1 of the Code of the Village of Croton-on-Hudson shall be rescinded and replaced with:
Except where specifically provided elsewhere, any person who shall commit an offense against any provision of the Code of the Village of Croton-on-Hudson shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine set by resolution of the Board of Trustees or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.




Section III: This local law shall take effect immediately upon filing with the Secretary of State.




4.      CORRESPONDENCE:
Village Manager Herbek read the following correspondence (full text available at the Village Office):
a.      A letter from Mark Mannix, Director, regarding Metro North’s, Open House to be held on Saturday, October 18th between the hours of 10 am and 3 pm and requesting the relaxing of parking enforcement at the station during this event.  Trustee Wiegman made a motion to approve the request with the usual caveats, seconded by Trustee McCarthy, approved unanimously.
b.      A letter from Barbara Sarbin, president of Small Steps Towards a Big Difference, requesting a Special Use Permit for the operation of a non-public pre-school and kindergarten at 138 Maple Street and requesting an amendment to the Village Code, Section 230-9A (4) which allows “Sunday schools and parochial schools” as part of the RA-40 zoning district, to include “non-religious, non-public schools” to be able to operate at this location.  This will be referred to the Planning Board after the appropriate applications are completed and Village Attorney Waldman will draft an amendment.
c.      A letter from Paul Kutzy, Westchester County Bureau of Environmental Quality, stating that the Croton-on-Hudson water supply may be under the direct influence of surface water.  Village Manager Herbek stated that this seems to be a letter sent to many municipalities; it will be discussed at the next work session but it may be necessary to hire a hydro geologist.  Trustee Schmidt asked that the County be contacted to determine why the Village was included in this notification.
d.      An email from Joseph Stout, Westchester County, regarding the county’s decision to restore the air field at its present location.
e.      A letter from JoAnn Fannon, Chair, Community Blood Program, announcing the annual blood drive will be held on Sunday, December 7th from 9am to 3 pm at Croton-Harmon High School.
f.      An email from Ted Brumleve requesting permission for his son, Derek, to improve the small cove just north of the Croton Yacht Club on the Croton Landing property for his Eagle Scout project.  Village Manager Herbek stated that the staff is in the process of reviewing this and he will discuss it at the next work session.  The Board agreed that the staff can handle this and report progress back to the Board.
g.      A letter from Gerard Mulligan, Westchester County Commissioner, Dept. of Planning, regarding the Hudson River Trailway Plan and the RiverWalk.
h.      A memo from William Rooney, thanking the board for placing a copy of the Metro Enviro court record in the library and urging all residents to read it.

 
5.      CITIZEN PARTICIPATION:
Ginny Calcutti stated that there has been rusty water on Hunter St. since the golf club went in but there is no problem in winter; some neighbors on Hunter St. are also having this problem and asked if a study has been done in this area?  Village Manager Herbek responded that he has had very few complaints from this area; he has a staff meeting scheduled for tomorrow and will discuss this.  Ms. Calcutti asked that someone take a look at the bank on Old Post Rd N property; the railroad ties & trees are starting to slide; she is concerned about safety.  Ms. Calcutti asked what it cost to remove the trees and build new sidewalk & wall on Maple Street.  Village Treasurer Reardon replied that it cost about $9000.  Ms. Calcutti observed that the skateboard park is now completed but needs some landscaping.  She suggested that the ugly fence on Hunter St. be taken down; it is now getting weatherworn, pieces are coming off and the gate is not working; there is now about 300 ft. of fence there that not was there before; the fieldstone wall is now a curb; she asked the Board to replace the chain link fence.  Mayor Elliott stated that he will get input from all Board members and will get a conclusion of these matters and make the suggestion to put the chain link fence back.  Trustee McCarthy stated that she recognizes that the Village created the problem and now there is no solution that makes everyone happy; the Village should not spend more money if it will not solve the problem; other people on both streets don’t find the fence offensive.

Bob Gazette, 44 Batten Rd., thanked anyone involved in the resolution to do further study on water run-off.

Joanne Minnett, Van Cortlandt Place, stated that at the Planning Board meeting on Oct 14th  there was mention of a new business being opened in VanWyck shopping center and letters were sent out just to residents of that area; people are not aware of this proposal; there will be an increase of parking in the lot and there was discussion of adding 2 hour parking & 6 new spots next to the Black Cow, reinstating parking along Riverside Ave., and an expected increase of about 40 workers with no parking accommodations for them; the business is not a green grocer as expected; seniors will not be able to use this business.  She also stated that she has an issue with overgrown shrubs on the sidewalk and bus stop which need to be tended to.

Tex Dinkler, 50 Batten Rd, thanked everyone who worked to get Batten Rd involved in the storm study.  He announced that there will be open firehouses Sunday, Oct 12th for Fire prevention week.

6.      RESOLUTIONS:

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

WHEREAS, the Board of Trustees engaged the firm of Dvirka and Bartilucci to undertake a storm water management plan and to specifically study and model the sub drainage systems for High Street, Brook Street and the Grand Street/ Harrison Avenue sub drainage areas, and

WHEREAS, the Board of Trustees is interested in undertaking additional analysis of the Batten Road/ Mt. Airy Road sub drainage system, and

WHEREAS, the Village has received a proposal from Dvirka and Bartilucci to complete seven tasks as follows:
Task 1 – Define Sub-drainage System
Task 2 – Calculate Hydrology/ Runoff Conditions Using TR-55 Model
Task 3 – Evaluate Hydrologic Restrictions
Task 4 – Perform TR-20 Hydrologic Modeling
Task 5 – Perform HEC-RAS Hydraulic Analysis
Task 6 – Evaluate Modifications/ Improvements
Task 7 – Prepare Storm Water Management Plan at an estimated cost of $40,500.00, and

NOW, THEREFORE BE IT RESOLVED: that the Village Manager is authorized to sign the letter of agreement dated September 3, 2003 and the Village Treasurer is authorized to amend the 2003-2004 General Fund Budget as follows:

1. Increase     001 8140.0400 by        $40,500.00  (Storm Water Contractual)
2. Decrease    001-1990.0400 by $40,500.00  (Contingent Account)



b)      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, various projects have either been completed or are in need of additional funds to complete overdrawn projects without resorting to additional borrowing; and

WHEREAS, the Treasurer wishes to move un-borrowed balances from the Capital Fund to the General Fund Transfer to Capital account (001-9953-0900), and then amend the following Capital Fund accounts by transferring funds to the following accounts;

Increase  3-1620.0200.0001.0054  by  $  16,951.88 (Municipal Bldg Security)
Increase  3-1620.2007.0000.0000  by  $    5,000.00 (Municipal Bldg Lift)
Increase  3-3120.0200.0304.0096  by  $       385.58 (Defibrillator’s)
Increase  3-7140.0200.9900.0045  by  $  21,986.95 (Duck Pond Dredging)
Increase  3-8660.0200.0001.0049  by  $    1,012.65 (Harrison St. Playground)
Decrease 3-1640.0200.9900.0035  by  $  20,572.21 (Butler Building)
Decrease 3-3410.2011.0000.0000  by  $    3,660.00 (Fire House Plans)
Decrease 3-5110.0200.0203.0079  by  $    5,139.15 (Digester Removal)
Decrease 3-7140.0200.0203.0089  by  $  15,965.70 (Senior Citizen Bus)

WHEREAS, the Treasurer wishes to return borrowed balances from Capital Fund projects that have been completed with unspent appropriations to the Debt Service Fund for the following accounts:


Decrease 3-1640.0200.9900.0034  by  $  30,817.48 (Garage Water Recycling)
Decrease 3-5130.0200.0203.0087  by  $       345.80 (Pool Car)
Decrease 3-7140.0200.0203.0088  by  $       345.80 (Rec. Car)
Decrease 3-8120.0200.0102.0070  by  $       670.00 (Palmer Ave. Sewer)
Decrease 3-8660.0200.9900.0038  by  $         42.30 (Handicap Trail)

Now therefore be it resolved that the Village Treasurer amend the 2003 -2004 General Fund, Capital Fund and Debt Service Fund to reflect these changes.

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

WHEREAS, Local Law No. 3 of 2003 was approved at a regular Village Board Meeting held on October 7, 2003; and

WHEREAS, this Local Law called for the setting of Village Fees through Board Resolutions; and

WHEREAS, it would be of benefit to both the Village and the general public to have all fees conveniently placed in one resolution, which may be amended from time to time,

NOW, THEREFORE BE IT RESOLVED: the Village Board of Trustees hereby adopts that the attached master fee schedule dated October 7, 2003.
d)      On motion of TRUSTEE GRANT, seconded by TRUSTEE WIEGMAN, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with the following vote:  Trustees Grant, Schmidt, Wiegman, Mayor Elliott “aye”; Trustee McCarthy “abstain”.

WHEREAS, the Village Board is considering the adoption of Local Law Introductory No. 3 of 2003, adopting a Gateway Overlay District for the Village; and

WHEREAS, on July 22, 2003, the Village of Croton-on-Hudson Board of Trustees designated itself as Lead Agency for the environmental review of the Proposed Action and authorized the circulation of the Environmental Assessment Form to all interested parties; and

WHEREAS, on August 20, 2003, the Village Board of Trustees issued a positive declaration with respect to this action and determined that a Draft Environmental Impact Statement (DGEIS) should be prepared for the proposed action; and

WHEREAS, the Village Board of Trustees has reviewed the DGEIS and finds that said document is satisfactory and wishes to accept it as complete and ready for the purpose of commencing public review with the addition of the changes agreed to at the work session of 10/07/03 held at 7 pm. And by the changes submitted in writing by Ann Gallelli, Chairperson of the Comprehensive Plan.  

NOW THEREFORE BE IT RESOLVED, that the Board accepts the DGEIS as complete with respect to its scope and content as required under SEQR regulations for the purpose of commencing the public review, subject to the changes mentioned above,

AND BE IT FURTHER RESOLVED, that the Board directs the Village Manager to correct the DGEIS with respect to the above-mentioned changes and have the corrected version reprinted,

AND BE IT FURTHER RESOLVED, that the Board authorizes the corrected DGEIS to be made available to involved agencies, interested parties and the public,

AND BE IT FURTHER RESOLVED, that the Board hereby calls for a Public Hearing in regard to the DGEIS and to consider Local Law Introductory No. 3 of 2003 on Monday, November 3, at 8:00 PM at the Stanley H. Kellerhouse Municipal Building.

e)      On motion of TRUSTEE GRANT, 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 adopted a new Comprehensive Plan in January 2003; and

WHEREAS, the Village Board desires to bring the Village Code up to date with the new guidelines in the Comprehensive Plan; and

WHEREAS, the Comprehensive Plan Committee requested a proposal from Buckhurst Fish & Jacquemart, the consultants who worked with the Comprehensive Plan Committee on the Comprehensive Plan; and

WHEREAS, the chair of the Comprehensive Plan Committee recommends that we accept the proposal,

NOW, THEREFORE BE IT RESOLVED: that the Village Manager is authorized to sign the proposal with Buckhurst Fish & Jacquemart for $50,000 for evaluating and updating the Village’s zoning regulations.
f)      On motion of TRUSTEE GRANT, 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, on Sunday September 28, 2003, the Water Department responded to a water leak on Sunset Trail to make an emergency repair of a 2-inch and 1 ?-inch galvanized water line that provides water to two residences on Sunset Trail, one of which is a 4-family residence,  and

WHEREAS, the water line was found to be in very poor condition and was unable to be repaired after six clamps failed to stop all the leaks, and

WHEREAS, the only means of supplying water to the residences was by utilizing two garden hose water lines from a nearby fire hydrant located on King Street, and

WHEREAS, the Engineering Department put out a Request For Proposals for the water service line to be replaced on an emergency basis without going through the formal bidding process as this condition has created a public emergency affecting the health and safety of all the residents who reside in these two residences ; and

WHEREAS, four contractors responded to the RFP with the lowest proposal coming from Bilotta Construction Corporation for a bid in the amount of $34,537.00;

NOW, THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to award a contract to Bilotta Construction Corporation for their bid of $34,537.00 for this emergency work by charging the following Capital Fund accounts:
003-8340-2087-0000-0000    by $ 29,190.00 (Water Main Replacements)
003-8340-0200-0102-0074    by $   5,347.00 (Galvanized Mains)

7. APPROVAL OF MINUTES:
Approval of the minutes of the meeting of September 15, 2003 meeting were held over to the next regular board meeting.

8. REPORTS:

        Village Manager Herbek reported that compost is available at Croton Landing; residents should come with their own equipment to transport the material.   Village Manager Herbek reported also that at the next work session there are 15 items on the agenda; he will get out a memo with details of each.


Trustee Wiegman made a motion to adjourn.  Trustee Grant seconded the motion; approved unanimously.  The meeting was adjourned at 11:15 p.m.


Respectfully  submitted,



Phyllis A. Bradbury, Secretary




Village Clerk