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Board of Trustees Minutes 04-07-04
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Wednesday, April 7, 2004 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 Wiegman
        Treasurer Reardon                       Trustee Schmidt
        Village Attorney Waldman                Trustee Kane
        
1. CALL TO ORDER:
Mayor Elliott called the meeting to order at 8:20 after closing the Organization Meeting.

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                    $  58,395.84
                Water Fund      2,837.04                                        
                Capital Accounts        161,066.59
        Trust & Agency          11,767.17
                        $ 234,066.64
 
3.      PUBLIC HEARING:
Mayor Elliott reopened the Public Hearing for Local Law Introductory No. 2 of 2004, changing the zoning of a parcel known as Section 67.20, Block 3, Lot 2 on 15 Mount Airy Road from Residential RA-40 to Residential RC.

Nance Shatzkin, 132 Old Post Rd. N. and president of the Croton Housing Network gave a presentation of what this organization has done and continues to accomplish for affordable housing in the Village of Croton-on-Hudson.  She specifically addressed the development of Mt. Airy Woods and the potential for Symphony Knoll.

Stu Markowitz, architect for the project, presented a diagram showing that the work area will be half the size of Mt. Airy Woods; the flat area makes things easier; they are trying to keep the building size down with low retaining walls, if any; vegetation will be in front of buildings, the existing vegetation will remain untouched; work will be done pretty far away from the road.  Trustee Wiegman asked what would be the total acreage.  Mr. Markowitz replied about 8.5 acres.

Nancy Bensel, Director of Community Housing Resource Center-Westchester County, explained what her organization does; they were established by United Way to address affordable housing; 98,000+ households are cost-burdened; there is a growing demand for affordable rental units; Westchester County residents aged 55+ have a 41% increase predicted over a 25 year period; several Westchester County affordable housing groups have waiting lists; this lack of affordable housing will not self-correct.
Mayor Elliott reopened the Public Hearing for comments at 8:45 pm.
Audrey Dinkler-14 Mt. Airy Rd.:  They were promised all of this the first time around-that renters would be seniors or people who worked or live in Croton, now there is not one fireman, garbage worker or senior, only low income families.
Alfrelda Cossa, 33 Brook St.: Their house is a part of affordable housing network; her husband is a NY City firefighter and paramedic and she works in retail; this is a tremendous opportunity for her to live in the town where she grew up.
Dave Tuttle 94 Grand St.:  His family moved here when he was 3 yrs old; they were able to move here due to affordable housing; he has raised his family in Croton; he lives in an apartment building with 33 units; buying a home in the Village is a dream for him; he is proud to live here; there is not enough affordable housing here; home prices have skyrocketed in the Village and housing should be addressed especially for seniors and single parents.
Arthur Kalichstein, 29 Mt. Airy Rd.: He is not denying people need a place to live but wants to know who decides how many affordable apartments are enough. What are the criteria to say Croton needs more or less affordable housing? Who decides where this housing will be?  He received a call from Affordable Housing Network to make this more palatable because he lived across the street; this impacts the neighborhood’s look and feel; he moved from the city to get away from concrete; he saved every dime to afford a house and did not expect the neighborhood to change; he was told there was not supposed to be more affordable housing there; no one wants that kind of thing across the street from them; he called the school board and they said that it costs $19,000 to educate a student per annum and who picks up the tab for that; it has to come out of taxpayers pockets.  Seniors will not walk up & down the hill as it is a very steep driveway; when there is a heavy rain, because of loss of trees, runoff down the driveway is tremendous; cutting out more trees will cause the people down Mt. Airy Rd & Grand St. to feel the impact and what about flooded basements; with more trees cut down, there will be more runoff.  Trash up and down Mt. Airy Rd. does not get cleaned up very regularly and it was not there before; Board members are supposed to represent all homeowners and taxpayers.
Ann DiCioccio – 12 Irving Avenue:  Commented further on her sister’s affordable housing rental in Mt. Airy Woods; the notice at that time from Housing Network said that the rent would range from $478 to $659; it was close to $600 in 1995 and well over that when she left 2 years later; this rent was not so affordable for a one-bedroom apartment; Croton people were turned away because they did not make minimum income requirement; apartments were rented to people from out of town with no affiliation with Croton but were subsidized by Section 8 program;  her sister’s unpleasant experience was not an isolated incident.  Ms. DiCioccio stated that she understands that the Village is in contract to buy the land pending obtaining the variance; when the developer builds, then who owns the buildings?  Mayor Elliott replied that the Housing Network would own the buildings and its manager would collect rents.  Village Manager Herbek added that the Village already owns the land; the plan is that the Village, if the zoning is changed, will sell the property to Westchester County and Croton will get all of the money back with no out of pocket costs; the County will sell the property to the Housing Network at nominal cost.  Ms. DiCioccio asked if the Village collects taxes.  Mayor Elliott replied, “Yes”.  Trustee Schmidt added that these are single bedroom units and are not solely designated for seniors; they are open to others such as a couple or single parent with a child; he has urged the Housing Network to institute a series of rules and regulations so if people are in violation, they can get rid of these people.  Trustee Grant stated that when the Housing Network owns the buildings, they can control the rents and screen applicants to assure compliance with income requirements.  Trustee Wiegman added that over the last decade the Housing Network has learned a great deal about how to be successful; that learning curve is still going on.  Ms. DiCioccio asked why put 11 more units next to existing 12 units in one area?   Trustee Schmidt replied that part of the problem is that there is not a lot of land left in Croton.
Don Daubney, 45 Bungalow Road, suggested that since the location of the projected affordable housing is on the southerly side of the hill and Croton is attempting to be a green village, they should be energy conscious and consider building these apartments with solar heat.
John Lally, 7 Cedar Lane: his elderly next-door neighbors recently found it difficult to keep up their home; it was too large, too expensive, but they wanted to stay in Croton; they searched and could find no affordable apartment in the Village and had to go elsewhere; for that reason he supports the C.H.N.’s proposal especially for senior citizens of Croton
John and Hannah Calvert: the process of dealing with senior housing began with them before he heard of affordable housing; it was important for his wife’s mother to live close to them; he looked at apartments around and near the Village; it was clear it would be difficult for her to afford any; they saw the Half Moon Bay advertising for participation in a lottery and was disappointed she did not receive an apartment, but was happy for those who did; his mother-in-law will continue to be on the waiting list and they have hope of getting a unit in the future.  Hannah Calvert thanked everyone for their efforts; it is critical for her to be close to her mother; she thanked the Housing Network for their time on behalf of senior citizens.
Russ Dinkler, 66 Maple St.: If the housing goes to seniors, welcome, but it hasn’t happened yet; a bunch of hoodlums are on the hill who like to throw rocks; Ms. McClure would be very upset if she knew what is intended for her house; they could not tear down the firehouse on Grand St. because it was an historical site; McClure’s house is also an historical site and is over 100 yrs old but will be torn down; it is wrong to tear this house down.
Alex Salzberg, 15 Mt. Airy for the last 30 years: For a good part of those 30 years, affordable housing was under construction and he has had building equipment, dust & noise under his windows, but it is not fatal; he is aware of the opposition to further buildings; however twelve families have had a roof over their head and that’s what Croton is all about.
Joan Mitchell: Worked for HUD in Section 8 housing and is aware of what is going on; there is duplicity involved; chances are very few senior citizens will be moving into the development being proposed because the law says so; she doesn’t know under what act the funding is coming from. Mayor Elliott replied that these are not Section 8 units.   Nance Shatzkin replied that funds come from a number of sources.  Ms. Mitchell added that the funding does come from taxpayer money and federal guidelines say they cannot discriminate by age so it will be mixed housing.  Mt. Airy Woods is mixed housing; she assumes there are some people there who receive social services; the band for funding within parameters is very narrow; she doesn’t believe the majority will be Croton residents; people who live in Croton are being put upon and will have additional taxes imposed; the entire community should have been invited to this meeting and should have been advised; this is taxpayers’ money and they should know what they are paying for; this is developing a low income housing and will have low income difficulties; people need to be educated; if there are no funds for this, they should not have this kind of housing on Mt. Airy Rd.;  she has experience in government housing; when that many people are clustered, they will have problems; believes if she looked at an application, she would find fraud;  how many times have income & occupancy been checked for fraud; if this has not happened, it will.
Elke Shatzkin, 134 Old Post Rd. N: She would not want to live with all seniors and is in favor of mixed housing and doesn’t believe it will be so mixed and it will not be overrun with children in one bedroom apartments.
Laura Seitz, 2 Brook Trail:  1 bedroom apartments limit the kinds of people who will live in them; social services checks regularly for compliance and are careful monitors; everyone who has lived there have had a Croton connection; there have been firemen who lived there; they have two pools to make the rentals compliant with the law; Croton people who are in the first group are so numerous they usually don’t get to other group.
Carolyn Kunin, Glengarry Rd.: She supports the excellent work the Croton Housing Network has done over the years; they have provided housing for many people who would have had to move; the tax increase will be miniscule in comparison with the total taxes; she pays to be part of this community and supports the elderly who should be allowed to stay.
Edna Cabrera, 14 Melrose; representing her Mom who recently got an apartment through the Housing Network, is 82 and had health problems, she is now independent and has a clean, one bedroom apartment thanks to the Croton Housing Network.
Erica Mitchell, 20 Mt. Airy Rd.:  It is well and good to help people; she does volunteer work and works very hard to live here and does not want to take anything from anyone; but she feels this new addition will take away her rights; she bought her house with the under- standing it would stay as it was but construction started; she was promised this would not happen again; she cannot believe that this will be it at this location; why doesn’t it have access for handicapped; it is impossible for a person who has any difficulty walking to live there; what is going to be the income that these people will need to have in order to live there?  She is not against affordable housing, but is against people telling her stories; this is not going to be just for senior citizens.
Carl Grimm, 5 Cook Lane: Commended the Croton Housing Network on their efforts with this; commented that the McClure building has nothing that would remotely comply with current building codes; it is not realistic that it could be saved.  Mayor Elliott added that the Historical Society will go through the property to see that nothing with historic significance will be destroyed.
David Lee Carlson, Rector of St. Augustine’s Lutheran Church:  A parishioner who does not have a car lives at Mt. Airy Woods and walks up and down that hill every day; the Croton Caring Committee will assist seniors; he takes offense that this might bring a mixed community; the pride of this Village is that it is a diverse community; it is a wonderful community and he doesn’t like the NIMBY attitude; need to reclaim roots as people of a variety of faiths who will serve one another.  There is a rental next to where he lives and there have been troubles, but they are not beyond reasoning; also, if you don’t like trash, pick it up as he does.
With no further public comments forthcoming, Mayor Elliott closed the Public Hearing.  Village Manager Herbek read the resolution.  Trustee Grant moved the resolution; Trustee Schmidt seconded.

Discussion: Trustee Grant stated that Pleasantville recently celebrated, as a community, the opening of 24 affordable housing units in the middle of town; it was viewed as a positive; she had known Ms. McClure many years and believes that she would be thrilled with this plan; Ms. McClure loved & respected people who had fewer resources than she did.

Trustee Schmidt stated that the Board needs to represent all people including those who cannot afford to live here such as seniors and young people; affordable housing does not mean low-income housing; this community has done an exemplary job providing housing for those in need of affordable housing.

Trustee Kane stated that he agrees with Trustee Schmidt and in fact has elderly relatives interested in these apartments.

Trustee Wiegman stated that the addition of this lot does create a very different site than existed before where new housing can be built with less impact and lower construction cost; the covenant signed in 1992 was based on an area of land that was different.  He added that people of all ages need housing; inter-generational connections drive a community forward; the existing Mt. Airy Woods facility needed to be build into the hillside and on a limited budget, there isn’t a place for a child to play or for a lawn chair; this additional space will allow the improvement of the existing facility and creates more of a community than is now; if can be done in a way to create lower utility bills, that should be done also.

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 has purchased a certain parcel of land known as the McClure Property with the intention of utilizing this property as part of an affordable housing project being pursued by the Croton Housing Network; and

WHEREAS, this property is known on the tax map and tax assessment rolls of the Village as Section 67.20, Block 3, Lot 2; and

WHEREAS, this parcel is currently zoned Residential RA-40; and

WHEREAS, it is the intention of the Westchester County Planning Department to purchase this property from the Village utilizing certain grant funds available to the County for affordable housing projects; and

WHEREAS, before the County purchases this property it is necessary for the property to be rezoned to Residential RC so that it can be utilized for affordable housing purposes; and
WHEREAS, Local Law Introductory No. 2 of the year 2004 has been drafted which will change the zoning designation of this parcel from Residential RA-40 to Residential RC; and
WHEREAS, in accordance with the requirements of the State Environmental Review Law, the Village Board must make a determination as the environmental impact of the approval of this Local Law; and
WHEREAS, on February 17, 2004 the Village Board determined that this was an unlisted action and declared itself Lead Agency with respect to this action; and
WHEREAS, the Village Board has now received positive recommendations regarding this action from the Village Planning Board and the Westchester County Planning Board; and
WHEREAS, a Public Hearing was held on March 15, 2004 and continued to April 7, 2004,
NOW THEREFORE BE IT FURTHER RESOLVED:  that the Village Board hereby adopts the Negative Declaration with respect to this action,
AND BE IT FURTHER RESOLVED:  that the Village Board hereby adopts Local Law Introductory No. 2 for the year 2004, which, upon adoption, becomes Local Law No. 4 of 2004.  

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



        Village of Croton-on-Hudson

        Local Law No. 4 of the year 2004



A local law changing the zoning designation of a certain parcel of land within the Village of Croton on Hudson.


Be it enacted by the Board of Trustees of the

Village of Croton-on-Hudson as follows:


Section 1.  The Village of Croton of Hudson Zoning Law is hereby amended as follows:

By changing from Residential RA-40 to Residential RC Section 67, Subsection 20, Block 3, Lot 2 as shown on the tax maps and tax assessment rolls of the Village.

Section 2.  The Official Zoning Map of the Village of Croton on Hudson, NY is hereby amended to reflect the foregoing changes.  

Section 3.  This local law shall take effect immediately upon filing with the Secretary of State.





4.      CORRESPONDENCE:
Village Manager Herbek summarized the following correspondence (full text available at the Village Office):
a)      A letter from Elaine Price, Westchester Co. Dept. of Consumer Protection, regarding the requirement for contractors to be licensed by the county.
b)      A letter from Karen Jescavage-Bernard requesting the Village’s assistance in obtaining the Con Edison survey of the property line between the east side of the Arboretum and the power line right-of-way.
c)      A memorandum from Ann Gallelli for the Planning Board, stating that the Planning Board recommendation on the Amended Special Permit for Hudson National Golf Course will not be forthcoming until the completion of the environmental and site plan review.
d)      A letter from Mary Donnery, Director, Croton Free Library, requesting the Village increase its level of support to $120,000 for the fiscal year 2004-05.
e)      A memo from Jon Goplerud, Chair, Conservation Advisory Council regarding the Croton Earth Day Community Clean Up on Saturday, April 24, 2004.
f)      A letter from Anthony Nanula, Deputy NYS Comptroller, with a Report of Examination for the Village’s purchasing practices prepared by the Office of the State Comptroller.
g)      A letter from Emilie Spaulding, Cablevision, announcing a change in programming and increase of the rate for Family Cable by 95 cents.
h)      An e-mail from Richard Pellicci regarding monitoring of the concrete and asphalt crushing operation at the wellfields/Croton River site.
i)      An e-mail from Maria Cudequest regarding the Valley Carting report and newspaper articles about Suburban Carting and the impact of waste transfer stations on residential property values.
j)      A memo from Richard Lee, acknowledging Richard Pellicci, Maria Cudequest, Robert Wintermeir, Tom Brennan, Trustee McCarthy, Susan Koenig and David Tuttle.


5.      CITIZEN PARTICIPATION-AGENDA ITEMS
a)      John Harbeson congratulated the Board on the Housing Network decision.  He referred to the letter from Mary Donnery with the budget request for the Library and urged if at all possible to accommodate at least part of this request
Ginny Calcutti presented the Board with a sample of her water since the golf course closed for the winter and will follow up with a sample after they open again.
Bob Wintermeir stated that the budget for the Library doesn’t belong in a municipal budget; it belongs in the school budget; there is no accountability for this.  He is concerned about the results from the Office of the State Comptroller; one of the recommendations they made was for a separate auditor and they indicated the lack of certain bid requests; these problems have been going on for 13 years and should be addressed.  Mr. Wintermeir, regarding the concrete crushing operation, said that he will give the Board an article by Dan Sweeney talking about draining into streams and rivers; items draining into Croton River will be impacting fishing.  Trustee Kane replied that the watershed is the Croton system, not the Croton River. Mr. Wintermeir stated that the problem is still sediment draining into water.
Ann DiCioccio asked why the letters were not read.  Mayor Elliott replied that tonight
there is a long agenda and he asked Village Manager Herbek to summarize all correspondence; in the future some will be read and some will be summarized as appropriate.  Trustee Grant added that she would like summarization to be a practice; many of the letters should not be read into the record word for word; copies of letters are always available for review; all letters are read and carefully reviewed by Board members.  Mayor Elliott added that the purpose of letters is for the Board read them; they are put on the agenda for the public to get some sense of what others are concerned about; all the correspondence Village receives has never been put on the agenda.
Joann Minnett, 5 Van Cortland Place: If a person is not able to be at a meeting and wants to be on the agenda, they cannot be on the record if their letter is not read; she asked if the Board agrees with this.       
Don Daubney stated that there was a changed agenda; letters to the Board have been read in the past; the restriction of speakers to 5 minutes during Citizens’ Participation is a bad idea; meetings should take as long as needed to finish business that has to be done.
Susan Konig referred to an article in the Journal News regarding the audit; the audit can be obtained on line at www.osc.state.ny.us/localgov .  She commented that Mr. Herbek responded to the audit on 2/6/04 and people should have been aware of this before the Village elections.
Ginny Calcutti stated that residents should know the highlights of letters and public comment should be 10 mins not 5.  Trustee Schmidt commented on the argument that the meeting needs to be changed because lawyers and consultants  are being paid to sit out there that is costing people a lot of money; these are residents and there should not be different agenda and non-agenda times and it should all be able to be should be discussed in citizens’ participation.  Trustee Grant replied that she is supporting these changes is because there are citizens who abuse the privilege of standing before the microphone and stating position papers, not giving information that is helpful in making decisions; she is responding to another group of residents who feel the privilege is being abused at their board meetings.




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

WHEREAS, the Village’s Court Clerk has given notice that she will be leaving her position; and

WHEREAS, in order to hire another Village Court Clerk it will be necessary to waive the residency requirements for this position; and

WHEREAS, Local Law Introductory No. 3 of 2004 has been drafted,

NOW, THEREFORE BE IT RESOLVED:  that a Public Hearing is hereby called for May 3, 2004 at 8pm in the Meeting Room of the Stanley H. Kellerhouse Municipal Building to consider Local Law Introductory No. 3 of 2004, amending Chapter 50-1 of the Village Code, waiving the residency requirement of certain Village officials.
b)      On motion of TRUSTEE GRANT, seconded by TRUSTEE WIEGMAN, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:

WHEREAS, Gerald Klein, on behalf of Peter Tsagarakis of the Croton Colonial Diner has requested the rezoning of 6 Hudson Street from RA-5 to C-1; and

WHEREAS, at the March 1, 2004 Regular Village Board of Trustees Meeting this matter was referred to the Planning Board; and

WHEREAS, this matter was considered by the Planning Board at its meeting of March 23, 2004; and

WHEREAS, in a March 25, 2004 memorandum to the Village Board, the Planning Board has recommended denial of the proposed rezoning,

NOW, THEREFORE BE IT RESOLVED:  that the Village Board of Trustees hereby calls for a Public Hearing on May 17 2004 at 8pm in the meeting room of the Stanley H. Kellerhouse Municipal Building to consider Local Law Introductory No. 4 of 2004, rezoning of 6 Hudson Street from RA-5 to C-1.
c)      On motion of TRUSTEE SCHMIDT, seconded by TRUSTEE KANE, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:

WHEREAS, the Croton Yacht Club has requested a desire to dredge its existing marina in order to achieve the historic water depth of -6’-0” and regain approximately 20 usable boat slips; and

WHEREAS, at the Village Board of Trustees Work Session of June 19, 2003, the Village Board expressed the desire to go ahead with the dredging operation if all approvals and permits required by this operation were in place and if the operation could be undertaken in accordance with the Village’s own Local Waterfront Revitalization Program; and

WHEREAS, the first step in the permitting process is studying the environmental impacts of this operation; and

WHEREAS, the Village has completed the New York State Department of Environmental Conservation and the United States Army Corps of Engineers Joint Application for Permit, the Federal Consistency Assessment Form and the Full Environmental Assessment Form,

NOW, THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby declares its intent to become Lead Agency with respect to this matter,
AND BE IT FURTHER RESOLVED:  that the Village Board of Trustees hereby authorizes the circulation of the Joint Application, Federal Consistency Assessment Form and Full Environmental Assessment Form to all interested agencies,
AND BE IT FURTHER RESOLVED:  that the Village Board of Trustees will consider whether or not to issue a Negative Declaration with respect to this matter at the end of the review process.
d)      On motion of TRUSTEE GRANT, seconded by TRUSTEE WIEGMAN, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:

WHEREAS, the Village routinely disposes of vehicles and equipment which are no longer needed or useable; and

WHEREAS, Bill Vlad, Fire Chief, has recommended that the Village donate the 1975 Ward France Pumper to the Frederick L. Warder Fire Academy in Montour Falls, NY,

NOW, THEREFORE BE IT RESOLVED:  that the Village Manager is hereby authorized to dispose of this fire apparatus and donate it to the Fire Academy as recommended  by the Fire Chief in his memorandum of March 25, 2004.

e)      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, the Local Government Records Management Improvement Fund (LGRMIF) was created in 1989 to provide technical assistance and grants to establish, improve or enhance records management programs in New York's more than 4300 local governments, and

Whereas, the closely related Documentary Heritage Program (DHP) for grants and technical assistance to non-governmental historical records repositories also is supported by the LGRMIF, and

Whereas, a sunset date for the LGRMIF was established in the original legislation to permit its operation as a five-year experiment, and

Whereas, the New York State Legislature in 1995 twice has extended the sunset date, most recently to December 31, 2005, and

Whereas, the LGRMIF has effectively supported essential advisory services and 6,300 grants totaling over $113 million to improve the management of records for over half of all NYS local governments, and

Whereas, the LGRMIF and the programs it supports continue to operate at a high standard of excellence and provide direct and significant benefit to local governments at no cost to the taxpayers, and

Whereas, the Village of Croton on Hudson has benefited from technical assistance, training, publications and 4 grants totaling $50,204, supported by the LGRMIF, and

Whereas, the State Legislature created the closely-related Cultural Education Fund (CEF to support the New York State Archives, New York State Library and New York State Museum on behalf of all New Yorkers, and the Office for Public Broadcasting, and provided the CEF with an identical sunset date, and

Whereas, the LGRMIF and the CEF continue to be critically important in the fulfillment of the many records and information related responsibilities of the Village of Croton on Hudson, and to the cultural and scientific needs of the people of New York State,

NOW THEREFORE BE IT RESOLVED:  that the Village Board of Trustees supports the elimination of said sunset provisions in order to make the LGRMIF and the CEF permanent.

f)      On motion of TRUSTEE GRANT, seconded by TRUSTEE KANE, 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;

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:

         003-5110-0200-0102-58 Road Improvements    29,958.44 Decrease
003-5110-0200-0102-66 Grand/Riverside           29,958.44 Increase
To Close Road Improvement Project

003-5130-0200-0203-85 Vac-All                            9,795.01 Decrease
006-0006-5033 Transfer to Debt                            9,795.01 Increase
To Close Vac-all Vehicle Project

003-5650-0200-0001-57 Parking Permit Program   413.68 Decrease
001-0001-5033 Transfer to General                          413.68 Increase
To Close Parking Permit Program Update Project

003-8120-0200-0203-82 Rehab Nordica                3,680.52 Decrease
006-0006-5033 Transfer to Debt                             3,680.52 Increase
To Close Rehab Nordica Pump Station Project

003-8340-2021 Wood/Gerstein Water Lines         77,000.00 Decrease
002-0002-5033 Transfer to Water                          77,000.00 Increase
To Close Water main Repair Wood/Gerstein Project

003-8340-2094 Insertion Valves                              36,489.10 Decrease
002-0002-5033 Transfer to Water                           36,489.10  Increase
To Close Insertion Valves Project

001-9953-0900 Transfer from General                     8,060.82 Decrease
003-8660-0200-9900-40 Croton Bay Boat               8,060.82 Increase
To Close Croton Bay Boat Launch Project

001-1640-460 Garage Bldg & Grnds                        4,979.95 Decrease
003-1640-0200-0203-84 Garage HVAC                   4,979.95 Increase
 To Account for Markley Contract

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.

g)      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, it is necessary to hire a security firm for work at Senasqua Boat Basin and Senasqua Park; and

WHEREAS, night security bids were sent out and 7 bid proposals were received and opened on April 1, 2004; and

WHEREAS, Security Enforcement Bureau, Inc. of Pleasantville, NY was the lowest bid proposal; and

WHEREAS, the Superintendent of Parks and Recreation recommends that the Village award the bid to Security Enforcement Bureau,

NOW, THEREFORE BE IT RESOLVED:  that the Village Manager is authorized to award the bid proposal to Security Enforcement Bureau, Inc. at the amount of $10.00 per hour and $15.00 per hour on holiday.
h)      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, the Village of Croton on Hudson wishes to continue the services of Cherbuliez/Munz., Inc., Architects, for the Croton Train Station Project, and

WHEREAS, the firm of Cherbuliez/Munz has submitted a Schedule of Fees for 2004;

NOW, THEREFORE BE IT RESOLVED:   that the Board of Trustees hereby adopts the new fee schedule for the services of Cherbuliez/Munz in accordance with their schedule for 2004.
i)      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, the Recreation Advisory Board has recommended that the Municipal Building basement be renovated in order to create a teen room for the use by the Recreation Department; and

WHEREAS, request for proposals were sent to architectural firms for the design work; and

WHEREAS, three proposals were received and reviewed; and

WHEREAS, the Village Engineer recommends awarding the project to Great Oak Studio, the lowest bidder at $12,500,

NOW, THEREFORE BE IT RESOLVED:  that the Village Manager is authorized to award the project to Great Oak Studio at $12,500,
AND BE IT FURTHER RESOLVED:  that this amount should be charged to capital account #003-1620-0200-0102-60.
j)      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 federal minimum hourly wage, currently $5.15 an hour, is not indexed to preserve its purchasing power and has not been raised since 1997; and

WHEREAS, the State of New York has not altered its minimum wage since 2000 when it matched the $5.15 of the federal minimum wage; and

 WHEREAS, The inflation-adjusted value of the minimum wage is approaching the lowest point in a half century and is 40% below the peak level reached in 1968; and

WHEREAS, Nationally low-wage workers (those earning the 20th percentile hourly wage) saw their wages increase 5.5 percent in real terms (inflation adjusted) between 1989 and 1999, while, in contrast, the State of New York’s low-wage workers’ wages declined 5.5 percent over the same period; and

WHEREAS, The poverty rate in the State of New York rose from 13 to 14.6 percent during the 1990s resulting in more than 2.6 million New Yorkers were living in poverty in 1999, while, in contrast, the national poverty rate fell from 13.1 percent to 12.4 percent in the same decade; and

WHEREAS, A higher minimum wage would help insure that work represents a path toward self-sufficiency and serve as part of a broader strategy to fight poverty; and

WHEREAS, Studies by public-health researchers of minimum wage increases and living wage laws in California suggest that a higher minimum wage results in better health for low-wage workers, and significantly improves the chances that their children will graduate from high school; and

WHEREAS, Twelve states plus the District of Columbia already have minimum wages above the current $5.15 federal level, including Connecticut ($7.10), Massachusetts ($6.75), California, Washington ($7.16), Delaware ($6.15), and Illinois ($5.50); and

WHEREAS, Increasing the minimum wage will not reduce employment opportunities for the working poor, as other states that raised their minimum wage did not suffered job losses related to raising their minimum wages; and

WHEREAS, A minimum wage increase would disproportionately help retail employees, like clerks and waiters/waitresses, because of those who would likely benefit from a minimum wage increase, 36 percent, or 380,000, work in the retail sector and more than 85 percent of those who would benefit from a higher minimum wage are non-union; and

WHEREAS, Over three quarters (79 percent) of the new legislation’s beneficiaries would be adults not teenagers, and more than half work full-time while another 27 percent work between 20 and 34 hours per week and a high percentage of minimum wage earners are the main breadwinners for their families, and  61 percent of the likely beneficiaries are women; and.

WHEREAS, Minimum wage legislation that increases the state minimum from $5.15 to $7.10 would directly benefit approximately 750,000 New Yorkers, and due to likely spillover effects, an additional 530,000 persons, those earning from $7.10 to $8.10, would also gain, and these 1.2 million beneficiaries of a minimum wage increase represent over 15 percent of New York State employment; and

WHEREAS, A 1998 survey of small businesses by the Levy Institute found that fewer than one-third of 1% reported having reduced employment because of the 1996-97 increases in the minimum wage; and

WHEREAS, In its 1999 Economic Report to the President, the Council of Economic Advisors concluded: "the weight of the evidence suggests that modest increases in the minimum wage have had very little or no effect on employment"; and

WHEREAS, A minimum wage increase partially pays for itself through improved worker retention, reduced turnover, savings in recruitment and training costs, and higher worker productivity; and

WHEREAS, A minimum wage this year that yielded the same earning power that it delivered at its peak in 1968 would be over $9.00 per hour;  and the minimum wage was established to retain the dignity of work, so that working men and women could care for themselves and their families but it has not succeeded in this goal and the present minimum wage does not reflect the high cost of living.

WHEREAS, On March 1st, 2004 by a vote of 127-19, the New York State Assembly passed A09710, a bill that would raise the minimum wage from $5.15 an hour to $7.10 an hour after January 1, 2006; and

WHEREAS, the Village Board of the Village of Croton-on-Hudson recognizes the value to its community in promoting a strengthened market for labor, now

THEREFORE, BE IT RESOLVED: ~that the Village Board of the Village of Croton-on-Hudson, meeting in regular session on the 7th day of April 2004, does hereby declare its support for raising the minimum hourly wage in the State of New York; and

BE IT FURTHER RESOLVED: that the Village Board of the Village of Croton-on-Hudson supports State Senate Bill 3291C, which would raise New York State’s minimum wage to $7.10 an hour over the next two years; and

BE IT FURTHER RESOLVED:
That the Village Board of the Village of Croton-on-Hudson urges timely passage of this bill in the 2004 legislative session.

7.      CITIZEN PARTICIPATION (NON-AGENDA ITEMS):
Joanne Minnett, Van Cortlandt Place:  asked that the Board put citizens’ participation before resolutions.  Ms. Minnett stated that she would have supported Trustee McCarthy’s request to amend the noise ordinance to include snow plows; it is unreasonable to request that snow plowing a small parking lot one or two days after a storm is ample time to clean it out, but not three days after a storm; they were using back-hoes & dump trucks which are already in the noise ordinance; the day after or day of storm should be sufficient to clear a small lot; asking for a reasonable time frame for snow plowing.  Ms. Minnett stated that citizens are ridiculing other citizens; people who are ranting on should have time limits; there is no room for this behavior; do not call other citizens nor elected offices names in this public forum.

Ann DiCioccio asked why everyone has to suffer because some people take advantage.

Joanne Minnett-5 Van Cortland Place asked if any big change in the agenda occurs, inform the public beforehand.

8.  APPROVAL OF MINUTES:
Trustee Wiegman made a motion to approve the minutes of the Special Meeting of the Board of Trustees held on Tuesday, March 16, 2004.  Trustee Grant seconded the motion.  The Board voted approval with Trustee Kane abstaining

Approval of the minutes of the Regular Board meeting of March 15, 2004 was held over to next meeting at the request of Trustee Schmidt

REPORTS:
Village Manager Herbek stated that in respect to the State Comptrollers’ report, these generally take place in 5 to 10 year periods; he has been reviewing these for municipalities as they are usually picked up by the press; most Village purchasing is accomplished through the use of NYState, Westchester Co. and Town of Cortlandt bids wherever possible; relatively few purchases the Village has to take during year do not take advantage of these bids; he did not think the report was all that terrible.  Upon analysis just 2% of expense appropriation was questioned by the auditor; the state comptroller’s office does not take in account if there was an emergency or not; they are not responsible for the operational needs of Village; purchases are done as efficiently and cost-effectively as possible.  Many items reflect emergency situations that needed to be handled immediately for the welfare of the community.  Following strict bidding requirements does not always save money; for example, NYS tells them when they do multiple bids exceeding $50,000, they must do trades separately; it has been proven that putting out one bid saves up to 30% of the cost of projects.  One good example is the firehouses; the Village could have saved over 1 million dollars if they had been allowed to put out one bid; but he must follow state law purchasing procedures; adding state requirements drives up cost; this audit was done over a 4 month period; it tied up staff and Village projects had to be put off.   Village Manager Herbek reported that today was CDBG Day in Pleasantville; this grant program has brought in an average of over 1 million dollars a year into the Village.  In response to the audit, the staff will make improvements, a new form is in use; they have been getting good cooperation from department heads; keep this in prospective; this community is well run and has dedicated employees.
Trustee Wiegman welcomed Trustee Kane to the board; he fully supports the changes to the agenda and limitation times of speakers, as well as the summary of letters when called for; he would like to keep the meetings predicable, open, accessible and civil; perhaps have people sign up to speak or even a shorter time limit for non-agenda items; he is comfortable with reforms to make government more accessible and democratic.   

Trustee Kane thanked everyone for their support; he was trying to address a word repeated to him many times (Civility) regarding Village Board meetings.

Trustee Schmidt thanked everyone who supported his reelection and plans on another 2 years of effective work on this Board.  He reported that Summerfest is scheduled for June 6th and vending space applications are available in the Village office or call his office.  In terms of the changes in agenda tonight, he had asked these to be discussed at a work session; it still needs to be looked at and there are many options to make it a smoother meeting but open for everyone who wants to participate.  Trustee Schmidt added that he takes the audit report seriously especially where they found that the Board of Trustees did not sufficiently oversee procurement processes and practices and he will take this seriously working forward.

Trustee Grant stated that she came to this meeting with a clean slate to accomplish what needs to be done for the Village; there are a small group of residents who feel that this Board is not concerned about quality of life issues, but that is not so; the Board may disagree on some things, but every single member has been very concerned about quality of life in Croton.  She added that position papers are not letters to the Board; having to sit until 11 pm to speak feeds into the reason why they are trying to develop the five minute limit being more fair; she concurs it should be discussed further.  Trustee Grant reported that she has been keeping the running count of speeding tickets in Croton- there were 84 tickets issued for speeding in Jan/Feb.  Ms. Grant stated that the audit article was unfortunate but believes most of the Board welcomes that kind of criticism; it helps them do the job better; some areas she thinks were wrong, most saved the Village money; the audit is taken seriously and she will continue to take it seriously.  Trustee Grant reported that the door was open to Zeytinia today and they are aiming to open around the first of May.

Mayor Elliott congratulated Trustees Schmidt and Kane.  He added that in respect to the comptroller’s report, everyone can improve things in their lives, but he has complete confidence in the staff; he feels it is the best run Village in the County and perhaps the State and the employees are very much appreciated.

Trustee Schmidt made a motion to adjourn seconded by Trustee Wiegman; approved unanimously.  The meeting was adjourned at 11 pm.  

Respectfully submitted,
Phyllis Bradbury, Secretary




Village Clerk