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Board of Trustees Minutes 05-17-2004
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, May 17, 2004 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.

The following officials were present:
        Mayor Elliott                   Trustee Schmidt
        Trustee Wiegman         Trustee Kane
        Manager Herbek          
        Absent: Attorney Waldman
                        Trustee Grant
                        Treasurer Reardon


Mayor Elliott called the meeting to order at 8:03 pm.  Everyone joined in the Pledge of Allegiance.

On a motion by Trustee Schmidt, seconded by Trustee Kane the vouchers   were approved unanimously as follows, subject to review by the Audit Committee

        General Fund            $ 44,732.41
        Water Fund                   3,170.71
        Capital Fund                  44,900.82
        Trust & Agency       6,217.91
        Total                           $ 99,021.85

Mayor Elliott stated that the next item would be out of agenda order. He asked Manager Herbek to introduce Abraham Zambrano, the new Treasurer who will replace Treasurer Reardon after his retirement later this summer. Mr. Herbek summarized Mr. Zambrano’s credentials and announced he will be joining the village staff officially on June 17.  There will be an overlap period so Abe can be come familiar with the village’s accounts.  Mr. Zambrano is currently Treasurer for the Village of Sleepy Hollow; he lives in Pleasant Valley NY.  Mr. Zambrano thanked the Board, Mayor and Manager Herbek for giving him the opportunity to serve in Croton; he will be here to do the best job he possibly can. Mayor Elliott stated that a public hearing must be set to amend the village’s residency requirements.  

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

WHEREAS, it is necessary to amend the residency requirements for certain Village Officials; and

WHEREAS, Local Law Introductory No. 5 has been drafted,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby calls for a Public Hearing on June 1, 2004 at 8 pm at the Stanley H. Kellerhouse Municipal Building to consider Local Law Introductory No. 5 of 2004, amending the residency requirements of certain Village Officials.

To complete the appointment process, Mayor Elliott asked for a motion to approve the Mr. Zambrano’s hiring.

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, Village Treasurer Robert Reardon has announced his impending retirement; and

WHEREAS, the Board of Trustees wishes to have an overlap period of time in which Mr. Reardon’s successor will be able to work with him to become familiar with Village accounts, records and procedures; and

WHEREAS, the Village Manager has interviewed a number of candidates to fill the position of Village Treasure; and

WHEREAS, Abraham Zambrano, the current Treasurer in the Village of Sleepy Hollow, New York has been selected for the position of Village Treasurer of the Village of Croton-on-Hudson and introduced to the Board of Trustees,

NOW THEREFORE BE IT RESOLVED: that the Mayor’s appointment of Abraham Zambrano to the position of Village Treasurer is hereby approved at a salary of $100,000 effective June 17, 2004.

To consider Local Law Introductory No. 4 of 2004, changing the zoning designation of a certain parcel of land within the Village – 6 Hudson Street.
Manager Herbek read the local law to rezone the 6 Hudson St. property.  He referenced several documents that are in the record; from the Westchester County Planning Board saying it is a matter for local determination; Correspondence from several people – Alice Bohen saying this is a residential area; new roof improvements would be an improvement if this is approved, and 7 identical letters whose signers are pleased with the proposed change to the diner to make it handicapped accessible.  A letter from the Planning Board recounted the proposal and the board’s discussion; The Planning Board recommended denial for reasons including other possible ways of solving the problem, the Comprehensive Plan of 2003 recommends against rezoning to commercial, setting a precedence, rewarding  neglect of residential property,  and Hudson and Elm Street neighborhoods being disproportionately impacted.  The Planning Board also recognized the handicapped accessible problem is one that would be desirable to solve for both Mr. Tsagarakis and the community and they would be happy to look at other solutions. A chronology of actions related to the property from the property file was attached.  Mr. Gerald Klein also provided a brief and other material for this application.

Mr. Gerald Klein, attorney for Mr. Tsagarakis highlighted the applicant’s position – the site of diner is in a C-1 zone, 6 and 8 Hudson Street are in RA-5.  Mr. Tsagarakis seeks only the rezoning of 6 Hudson. St. It was previously zoned C-1.  The reason for doing so is so interior space in the diner can be increased to accommodate handicapped bathrooms and aisle space.  Accessibility would also include a ramp from east side to south side. No additional seating is being sought.  If granted, there would be a site plan which would specify a maximum seating capacity. The proposed plan would remove the current vestibule on S. Riverside which would increase the site distance on Hudson and Maple and S. Riverside. They also want to do new screening that would include evergreens or whatever is wished along Hudson St. and also along the Hudson St. property line between #6 and #8.  The proposal would change the driveway at 8 Hudson into a semi circle.

Mr. Klein stated that he feels it would not set a precedent because of the unique characteristics of the site and its history and because of the purpose for which the rezoning is being sought – to comply with the Americans Disability Act; not creating any new commercial use of the site. Other goals of the master Plan are to improve the quality, function and appearance of commercial areas; the latter goals would all be achieved if #6 Hudson Street is rezoned.  Mr. Klein spoke of the current difficult parking on the site;  this would improve as would the appearance of the site as well as the ease of those who cannot currently access the site without difficulty.  The applicant has provided a drawing that superimposes the handicapped accessible requirements on the current space in an attempt to show why they need more space.  The kitchen is remaining relatively the same. He believes that they have demonstrated in a real way that their plan is the only way to accomplish the handicapped accessible goal.  Five additional parking spaces are required if the proposal is approved.  Mr. Tsagarakis would have his employees park on S. Riverside where permit parking is now allowed. He would use most advanced odor control devices when redoing the kitchen. They are open to other suggestions to improve the plan; the only way to keep same footprint is to reduce the number of seats and tables currently in the diner.

Anne Kennedy – Croton Caring Committee (CCC) Ms. Kennedy stated that the CCC is dedicated to helping the home bound, frail and families in need in Croton.  She recounted an individual she has known for years who was unable to go to the diner.  CCC has been bringing diner food to her for 20 years plus.  Pete. Tsagarakis has provided over 20 meals every week to the CCC families even on Christmas day when the diner is closed.  He provides food for clients and volunteers at 4 of luncheons held each year. The diner is the only place she knows where you can get a 5-course meal for $10 or under. Its affordable, it’s a social experience but it is not handicapped accessible. She speaks on behalf of clients over the years.  Pete Tsagarakis is the most generous, most accommodating, and most compassionate resident of the village. The board should him the same respect he has shown to customers and CCC clients for the last 24 years.

Bob Wintermeier, 43 Radnor; Mr. Wintermeier is glad to hear the Planning Board is willing to compromise. It sounds like Mr. Tsagarakis has some solutions like addressing the smell problems to alleviate the concerns of Hudson St. residents.  He recently observed an elderly women having trouble leaving the diner on the steps; also saw several people with canes and walkers; going to the bathroom is a real problem. The board should accept his proposal at face value; he is a generous guy.  Mr. Wintermeier thought that the diner was not included in the Comprehensive Plan.

Maria Cudequest, 84 Grand Street; she hopes a compromise can be reached here; she recognizes concerns of neighbors. She recounted a story of someone who needed food that was provided anonymously – said it was Mr. Tsagarakis but he would not admit to it.  On the other hand, she understands the concerns of neighbors.

Kathy Morrison, 18 Penfield;  Ms. Morrison has lived here a little longer than Mr. Tsagarakis has owned the diner; it’s a marvelous place for people to get together; the outside will be more attractive and it will make it easier for people to get in and out.
Susan Lewis, Hudson St. Ms. Lewis spoke of some confusion about the local law numbers and appearing to be out of order. Manager Herbek explained how local law numbers are assigned and used – determined by the state.  Ms. Lewis said the Planning Board are the experts in this – correct?  She remembers the attending the Planning Board meeting where the history of the site was recounted.  She likes Mr. Tsagarakis as well.  All the past violations that have occurred needs to be at least some part of your decision.  Each time a decision is made it has been hard to get proper follow up; she referred to the special permit for the Bungalow Rd. parking. She stated that the Hudson St. residents can’t trust him on the buffer foliage he is proposing. She hopes everyone will visit the site on Hudson St.  Mr. Tsagarakis doesn’t want to lose seats and she doesn’t want to lose her neighborhood.  His employees could get permit to park on S. Riverside now.   

Matty Mozzor 1 Ridge Rd.; Mr. Mozzor is sure Mr. Tsagarakis will continue to be altruistic whether or not he gets a zoning change.  His concerns are the odors, the appearance of the diner, and the traffic situation on Hudson St. The village paid a lot of money for the Comprehensive Plan; it looked at the whole village and he would like to see it adhered to; refuse control is also a big issue for him.

Pete Tsagarakis, diner owner; Mr. Tsagarakis said he was called a liar at the Planning Board; he would like to do something to improve the diner for his customers. The board can change the laws – hopefully for the better. He thinks that some people may have discrimination based on nationality, race, etc.  Mr. Tsagarakis said he felt tearful when people spoke nicely of him; he did it for his mother; he felt he couldn’t ask Mayor to attend a recent function because he had to appear at this hearting.  He asked when the Trustees/Mayor leave what do theyt people to say about them. He doesn’t care if anyone is a Republican or Democrat.  He came with several plans; if people want more information by hiring someone, he will do it.  The history of the diner going back to 1952 doesn’t pertain to him; he was 5 years old in Greece; it has no relevance to the current problem.  The village should get an architect and solve the problem and he will pay.   The village does not pick up his garbage; he pays his water and taxes like everyone else, the board needs to respect the business. He wants the Village Board to look hard and do the right thing for the village and generations to come.

Jeffrey Mills, 7 Hudson St.  Mr. Mills stated that the condition of 6 and 8 Hudson doesn’t show Mr. Tsagarakis wanting to do what is right for the community. Mr. Tsagarakis has known that there is handicap accessibility problem for 12 years or more and only now is he addressing it with an expansion.  There are examples of other diners of same size with handicapped accessibility and smaller kitchens for example. #6 Hudson was a residential property when Mr. Tsagarakis bought it and it still is. Mr. Mills stated that the idea of not increasing the number of seats in the diner has him flummoxed; who is paying for it? Is he raising prices? It doesn’t make any business sense to him; he expects it would cost in the range of 500 thousand.  Looking at the proposed new layout of the interior, Mr. Mills pointed out very little change in some areas and an 8 foot area in others; he could drive his car in that space.  Mr. Mills referred to a site at Clinton St. and Wayne St. where an expansion of parking lot space has adversely affected the neighborhood.  Although Mr. Tsagarakis is a nice guy, he has had a lot of violations.  Mr. Mills asked Trustee Schmidt if he would have bought his house if there was a huge restaurant two doors down. Trustee Schmidt stated it was the house that he could afford.  Mayor Elliott asked Mr. Mills and others from personalizing their remarks or questions.

(Unknown man)  He bought his house in 1977, now the second generation, his daughter, also lives there.  He checked some tax records and found that 6 and 8 Hudson are owned by a corporation; how many other houses in this village are owned by this corporation?

Don Daubney, 45 Bungalow Rd.; Mr. Daubney stated this restaurant is a land mark in northern Westchester; most people know of it and go to it at one time or another.  Making it handicapped accessible makes all the sense in the world. The village would be hard pressed to find anyone who lives or works here that has contributed more that Mr. Tsagarakis; he is disturbed by aspersions on his character; Mr. Tsagarakis’ motivation, he feels, is what he says it is.  Mr. Daubney said he lives in the neighborhood and would like the odors removed.  If he lived on Hudson St. he would be very glad to get rid of the building; it would improve the street. He is not sure if the condition of 6 Hudson is Mr. Tsagarakis’ fault but a parking lot would be an improvement; the traffic issue is not a detriment to people on Hudson St.  Over the years, the Village Board has changed rules all the time, zoning, master plans, etc.  He doesn’t see how changing one lot that is already adjacent to a commercial property can negatively impact the village.

Edith Scott, Ridge Rd.;   Ms. Scott stated that aside from the Comprehensive Plan, approved by Village Board, said no more changing to Commercial, she can’t see how the residents in this area can be abandoned by the board so that Mr. Tsagarakis can have a parking lot.  The fact that he still hasn’t presented a plan that shows the current diner, which could also provide for a uni-sex handicapped accessible bathroom and a ramp; it just seems that this could be done and he would still be making a profit.  He has completely neglected any planting that he ever put there; never taken care of until he is coming to the board; also the fence on Hudson St.. She can’t see why the people in this area should have to endure more.

James Moore, 56 Irving Ave.;  Mr. Moore suggested to Mr. Tsagaraksi take out the egress/ingress on Hudson so Mr. Tsagaraksi changed the whole design so it would be acceptable; at his own cost he did this; Mr. Tsagarakis  is a man of his word. Mr. Moore asked will this plan be beneficial to Croton as a whole even though he knows people on Hudson St. may not like it.

Joel Greenberg, architect for Mr. Tsagaraksi; Mr. Greenberg addressed keeping the building the same size and not increasing the parking; this would result in losing approximately 30 seats in the diner. It is not viable to reduce capacity by almost a third.  The new proposal is a good compromise.

Mark Lewis, 9 Hudson St.; Mr. Lewis agrees that Mr. Tsagarakis is a valuable asset to the community. Mr. Lewis wanted to know if the board or the Building Dept has been aware of the condition at 6 Hudson St. and what actions have been taken.  He recounted a number of violations, Mr. Tsagaraksi is not a neighbor as he says, he is an owner; he owns 3 places.  Most of the people in this room don’t live there (on Hudson or Elm).  How often does the Village Board go against the Planning Board’s recommendation? Mayor Elliott stated that in recent years, the Village Board has generally gone along with the Planning Board’s recommendation.  

Rob DiFrancesco, Batten Road; As a constructive compromise, he offered the idea that the curb on S. Riverside could be pushed back to provide more parking spaces.

Nance Shatzkin, Old Post Rd. North; Ms. Shatzkin came to hear the comments of the neighbors.  She feels the community could benefit from handicapped accessibility at the diner.  She also feels it is a dangerous intersection; any improvement there would be a benefit to the community.  It sounds to her like the Hudson St. neighbors don’t have the perfect situation now; the status quo is not acceptable either.  If the problem is that commitments may not be met, there are steps that can be taken – bonds, escrow money, etc. She is looking for a compromise that would help make an improvement.  Ms. Shatzkin stated she would not like to see a house torn down without it being replaced.  

Deborah McCarthy, 10 Truesdale Dr.; Ms. McCarthy encouraged the board to look at this as an opportunity to embrace changes and improvements that could benefit the community.  She can understand what it is like to live near a restaurant as she grew up near one; would encourage the board to look at this as an opportunity to end up with a positive result all the way around.

Gerald Klein, attorney for Mr. Tsagarakis; If the problem can’t be unknotted at this moment in time, if there is a way to have an chance to put some other resources together to find a way to move ahead, he suggests adjourning the public hearing until later.

Mayor Elliott closed hearing at 9:17 pm. and entertained a motion to adopt the law.  Failing to receive a motion from the trustees, the application for the rezoning failed.  Mayor Elliott stated along with the Planning Board, the Village Board would welcome a handicapped accessible solution and would be willing to move ahead with the applicant on achieving that.

4. PROCLAMATION – Proclaiming National Public Works Week.
Manager Herbek read the proclamation.  Mayor Elliott complemented the DPW for their work and commented on what a terrific department they are.  Trustee Schmidt pointed out that proper public works really resulted in the end of serious epidemic diseases.


a)      Sue Kelly, Member of Congress, re: transportation funding bill which included funds for a transportation project in Croton.

Discussion: Manager Herbek outlined the procedures to be followed to take advantage of the funds; he has been in touch with Historic Hudson Valley on this.

b)      Ellen Brecher, Hastings Ave., re: Block Party request. Ms. Brecher requests closing of Hastings between Benedict Blvd. and Oneida for their annual block party on July 4, 2004.

Discussion: Trustee Wiegman made a motion to authorize the request, seconded by Trustee Schmidt; approved unanimously.

c)      David Tuttle, Grand Street, re: Crushing operation on Route 129.  Mr. Tuttle expresses his concern about this operation.

Discussion: Manager Herbek summarized Mr. Tuttle’s feeling opposition to using this site for crushing; he asked for cost analysis of crushing versus removing the concrete; he asks the Village Board to reconsider the resolution of May authorizing Accocella to crush the concrete.
d)      Michael Miller, Golden Apple Tour Director, re: request to use Black Rock Park.  Mr. Miller requests use again this year for the Westchester Cycle Club event on September 26th.

Discussion: Trustee Schmidt moved to authorize the request, seconded by Trustee Wiegman and approved unanimously.


1. Susan Konig, 37 Elmore Ave. Ms. Konig said something big happened last week but it is not on the agenda; the Appellate Court decided in our favor ( on Metro Enviro).  Now they are essentially operating without a permit; she wants to know what will happen next.  Mayor Elliott stated the board has not yet been briefed by our counsel.

2.Bob Wintermeier, 23 Radnor; Regarding Golden Apple Tour using Black Rock park, he stated the village should ask for a fee from them.  Mr. Wintermeier said he received the Village’s water flyer this week;  his concern is that the analysis is a year old; it would be interesting to know what the current status of the study is that is going on.  Mayor Elliott said the water is tested regularly and he can call for information. Manager Herbek stated that the hydrogeological study will be the cover story in the June newsletter.  Trustee Schmidt clarified that the bike club is not a commercial outfit and actually donates funds to charities in particular Friends of Karen.

3. Maria Cudequest, 84 Grand St.; Ms. Cudequest if Metro Enviro is now officially on the agenda; can she talk on it; yes. Ms. Cudequest said this is a great day for Croton – a win for us. Six years ago this month and in spite of widespread opposition of community, Mayor Elliott, Trustees Grant and Watkins voted in favor of granting the permit. She recounted the past six years of its existence; she was forced to relentlessly chip away at Metro Enviro; this a victory that belongs to residents that volunteered their time or money and found themselves demonized; those days are happily behind us. She thanked former Trustees McCarthy, Daubney, Harkins and Trustee Wiegman.  Allied has a clear pattern in these affairs so they or a successor company will come to the village with an offer. Ms. Cudequest stated that we know you will not even entertain it; with Metro Enviro gone we will have time to address the other important issues in the village.  If the 5 minute rule had been in place then, she and others would never have gotten the Village Board’s attention; Croton’s long standing association with garbage ends here.

4. David Goldman 76 Young Ave.; the Metro Enviro decision was an important victory for Croton and other municipalities throughout NYS. Mr. Goldman reviewed the sequence of legal events and the basis for the decision.  He stated the Village Board has been silent on its intentions; the decision granted us costs so any appeal should not cost us further and we would be virtually certain to win; Trustee Grant was right that Metro Enviro had their chance and they blew it. The Village should walk away from any deals offered. The Village Board is duty bound to see this fight through.  
5. Richard Pellicci, 65 Radnor; Mr. Pellicci thanked everyone involved in fighting Metro Enviro; hopefully Metro Enviro is out of here once and for all; could use the site for concrete crushing.

6. Charles Trendell, 39 Batton Rd.; Metro Enviro never made business sense; a $25 million business and we charged them $19k in taxes; never checked how much tonnage was coming in.  A lot of people thought that some members were on the take which he doesn’t believe so he thinks this is a good ending and we can make better use of the space.

7.Bob Wintermeier, 43 Radnor;  He stated he thinks this is an example of democracy in action; he recalls 1500 people signed a petition against it. Mr. Wintermeier recounted the arguments back and forth over the years; now we can go on with our lives; Maria Cudequest was very active in this matter in spite of threats and taunts she received; glad to know we can take on these types of people and win.

8. Dave Tuttle, Grand St.; Mr. Tuttle wants to stress the concrete crushing; the site is one of the most pristine in the area; can’t understand how this site was selected; he is also disappointed in the Water Control Commission on this matter. Mr. Tuttle read from the Water Control Commission enabling law and asked for comment from the liaison on this. Where are we in this process?  Mayor Elliott said the resolution was approved at the last meeting.  Manager Herbek said the operation is imminent; going to crush some older materials in this operation as well; will not bring more materials there; will crush what is there; the village has a use for some of the materials right now with the new road construction from Half Moon Bay to Senasqua; the village will revegetate the area after the cleanup. Mr. Herbek said some sites being looked at now include the West Yard, north of the old Croton North Station; the village needs to work with Metro North and the NYSDOT on this as both have ownership in this area.  In short term, the village will have to use the Municipal Place site again because the sidewalk program is starting up very soon; the crushed material will be used as base material for the sidewalk program. He would like to have the crushing completed by end of May.  Mr. Tuttle asked if the village will be testing for pH; no.  He strongly objects to this action; he will be putting together a team to test the water himself during this process and announced numbers and addresses where he could be reached to volunteer.

9. Eric Goldberg, Grand St.; He is here to support Mr. Tuttle’s position.  Will sediment controls be put in place; yes. He asked why not put it off until later; Manager Herbek said everything is in place and there will be no environmental impacts. Mr. Goldberg asked if the area will be reopened for fishing; Mayor Elliott said it should be, that it had been closed after 9/11 at the suggestion of government security requests.

10. Mark Aarons, Georgia Lane;  Mr. Aarons stated that in the recent election some candidates said they would not go forward with the Metro Enviro case; he appeals to the board to not let themselves fall into the trap of the partisan discussion of the election; must continue the fight. He thanked Arnold & Porter for a job well done; the money was well spent.
11. Deborah McCarthy, 10 Truesdale; Ms. McCarthy thanked the board for permitting comments on Metro Enviro at this point. The statements made in the past election campaign were made by candidates who had not had the benefits of counsels advice. This decision had impacts statewide; we could not allow a decision like that to stand.  Part of the decision, at the very end, touches on the error of Judge Nicolai; she read the part she referred to. The Village was seeking to defend the community and the environment and that was recognized by the court. She hopes the board will stand firm to fight to uphold this decision.

        a. Appointing Lorry Pennington as Deputy Village Treasurer.

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

WHEREAS, Lorry Pennington as Deputy Village Treasurer should have been appointed on the night of the Organizational Meeting to the position of Deputy Village Treasurer as this is a one-year appointment and this was an oversight,

NOW THEREFORE BE IT RESOLVED: that the Mayor’s appointment of Lorry Pennington as Deputy Village Treasurer is hereby approved.
        b. Calling for a Public Hearing on June 1, 2004 at 8 pm in the Stanley H. Kellerhouse Municipal Building to change the residency requirement of certain Village officials.
        Note: This resolution was passed out of order earlier in the meeting.
        c. Authorizing the Village Manager to apply for a 50/50 matching grant from the NYS Office of Parks, Recreation and Historic Preservation.
        Discussion:  The project described is the construction of a great lawn to be used as a ball field at Croton Landing.
        I, Margaret Keesler, the duly qualified and acting Clerk of the Village of Croton on Hudson, New York, do hereby certify that the following resolution was adopted at a regular meeting of the (Village Board of Trustees held on May 17, 2004, and is incorporated in the original minutes of said meeting, and that said resolution has not been altered, amended or revoked and is in full force and effect.
        On motion of  TRUSTEE Wiegman,  seconded by  TRUSTEE Schmidt,  the  
following resolution was unanimously adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York:  

That Richard F. Herbek, Village Manager of the Village of Croton on Hudson, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or the Federal Land and Water Conservation Fund Act of 1965, in an amount not to exceed $150,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to this municipality for the construction of a ball field and installation of a bathroom at Croton Landing , and, if appropriate, a conservation easement/preservation covenant to the deed of the assisted property.
Margaret Keesler, Village Clerk

d. Authorizing the circulation of Environmental Assessment Form to interested   parties for construction of a field at Croton Landing.
        Discussion: Trustee Wiegman asked that some blank areas in the EAF be filled in.

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

WHEREAS, there is a need for additional recreational fields within the Village for soccer and little league; and

WHEREAS, the Village would like to construct a great lawn to be used as a ball field at Croton Landing and install a bathroom; and

WHEREAS, before this can be undertaken it will be necessary to remove the dredged material from the Duck Pond Dredging operation as well as the proposed dredged material from the Yacht Club Marina; and

WHEREAS, the Village intends to apply for a 50/50 matching grant from the New York State Parks Grant Program to help pay for the costs of this project; and

WHEREAS, it is necessary to study the environmental impacts of this proposed project; and

WHEREAS, the Village has completed a Full Environmental Assessment Form and Coastal Assessment Form,

NOW THEREFORE BE IT RESOLVED:  that the Village Board declares this action an unlisted action and 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 Full Environmental Assessment Form and the Coastal 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.

        e. Budget modifications – capital projects.
        Discussion: Manager Herbek stated that in most cases the project referred to is completed and this resolution is returning the funds from the capital fund to debt service.

On motion of  TRUSTEE Schmidt,  seconded by  TRUSTEE Kane,  the  
following resolution was unanimously adopted 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:

           003-3120-0200-0304-94 Police Vehicles              8,026.94 Decrease
003-0003-6306  Transfer to Debt                          8,026.94 Increase
       To Close Police Vehicles Project

        003-3120-0200-0304-96 Police Defibrillators           134.87 Decrease
        006-0006-5033 Transfer to Debt                                134.87 Increase
         To Close Police Defibrillators Project

        003-5130-0200-0203-85 Vac-all Vehicle                     3.00 Decrease
        006-0006-5033 Transfer to Debt                                   3.00 Increase
       To Close Vac-all Vehicle Project

002-9953-900 Transfer to Capital Fund                 1,198.00 Decrease
003-8340-0200-9900-47 Wellfield #3                    1,198.00 Increase
               To Cleanup Wellfield #3 Project

001-9953-900 Transfer to Capital Fund                    2,754.11 Decrease
003-8660-0200-0304-111 Maple Str Sidewalks        2,754.11 Increase
        To Close Maple Str Sidewalks Project

8660-00200-9900-41 Croton  Bay RR Tie              6,331.72 Decrease
006-0006-5033 Transfer to Debt                             6,331.72 Increase
        To Close Croton Bay RR Tie Project

001-9953-900 Transfer to Capital Fund                     46.77 Decrease
003-3120-0200-0304-097 Police Boat                        46.77 Increase
        To Close Police Boat Project

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.

Approved 4 to 0

        f. Authorizing Village Manager to award bid to John Santella Welding for        welding services.
        Discussion:  Trustee Schmidt asked if the contractor is held to a total number of hours? Manager Herbek said no.

On motion of  TRUSTEE Schmidt,  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, the Village received one bid from John Santella Welding for welding services for needed future welding repairs; and

WHEREAS, the proposal is for an hourly rate since the actual hours needed are dependent on the amount of welding repairs needed for the year; and

WHEREAS, the Superintendent of Public Works recommends that the bid be awarded to John Santella Welding of Putnam Valley, NY at the rate of $64/hour and $34/hour for the welder’s helper,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to award the bid to John Santella Welding for welding services,

AND BE IT FURTHER RESOLVED:  that the accounts to be charged will be determined by the Superintendent of Public Works.

        g. Authorizing Village Manager to award bid to Goldens Tree Service for tree    trimming and removal.
        Discussion: Manger Herbek stated the rate is per day; half days would be prorated.

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 received two bids for tree trimming and removal on May 7, 2004; and

WHEREAS, The Superintendent of Public Works recommended that the bid be awarded to the low bidder, Goldens Tree Service, at a rate of $1,196.40,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to award the bid to Goldens Tree Service of Montrose, NY,

AND BE IT FURTHER RESOLVED:  that the cost of the tree trimming will be shared between the Recreation Department and the Department of Public Works.

        h. Authorizing Village Manager to sign the agreement with SPCA of Westchester.
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, over the years the Village of Croton on Hudson has entered into an agreement with the SCPA of Westchester, Inc. to provide shelter services to the Village on an annual basis; and

WHEREAS, it is now necessary for the Village to renew this agreement for the next fiscal year commencing June 1, 2004,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the agreement with the SCPA of Westchester, Inc. to provide certain services to the Village for seized, stray and homeless dogs and cats in accordance with the terms of the agreement at the annual cost of $5,093.04

        i. Appointment of Treasurer
        Note:  This resolution was passed out of order earlier in the meeting.
1. Maria Cudequest, 84 Grand St.;  Ms. Cudequest  urged reading Mr. Tuttle’s letter in its entirety; many have strong reservations about this operation at the river; she believes that it is imprudent to do this and has provided the board with information and will do so tonight.  Because of time limits she can’t do this completely.  This operation can be considered a temporary transfer station according to Westchester County regulations. She disputes that concrete is inert; concrete dust is a lot of things but not inert.  Trout Unlimited promotes protection of river assets; they recommend pH readings once/week to establish base readings before the crushing occurs.  Accurate records should be kept of names, dates of volunteers. Ms. Cudequest referred to letter in the North County News on problems with licensing.  She quoted Bruce Berger as saying Croton will be getting violations for using a contractor without a license; also quoted Legislator Abinanti in the North County News. She understands that Accocella has applied for a license.  She will be one of the volunteers.

2. Richard Pellicci, Radnor Ave.; He asked about what would be done with material buried at the crushing site; Manager Herbek said they will try to clean up as much as possible.

3. JoAnne Minett, 7 Van Cortlandt Place; Ms. Minett stated that in the seven years she has lived here she has seen the board make many bad decisions; has seen citizens being demonized. The open forum has been shut.  People have come forward and educated the board.  Ms. Cudequest could educate you more if you didn’t have the new time limits. The board seemed to think Attorney Waldman was able to handle the Metro Enviro situation but we needed proper counsel on this matter otherwise Metro Enviro would still be around.  Government is about freedom of speech; this is just completely ignored by the Village Board; citizens have to wait until the end to speak about non-agenda items; she wishes the board would reconsider the board meeting format; wishes the board would listen to the citizens of this village; you do whatever you want; it’s not fair. She doesn’t want to have citizens concerns classified as complaints. She stated that with the money wasted in this village with respect to the mailings of the Comprehensive Plan, the board should have been considered the expense and used it for sidewalks on South Riverside/Croton Point Ave.
4. Bob Wintermeier, Radnor Ave.;  Gasoline prices have gone up; our costs are going to be excessive; he hopes the Village won’t exceed whatever has been allocated for gas.  Also, Wednesday is Don’t Buy Gas Day to protest the prices.  Tomorrow is the school budget vote and there is also a referendum; it is an illegal referendum but you should vote for it to protest Albany’s late budget.

5. Don Daubney, Bungalow Road;  The is no parking on Bungalow Rd.;  several signs are missing; there were some close calls recently at a Little League game.  He is concerned that the village is not planning sufficiently in advance – i.e. identifying all the steps.  The field (at Croton Landing) apparently will require the removal of the dredging material; this is an example of lack of planning; also the placing of concrete materials at the well field.  Regarding fuel expenses, perhaps we should replace automobiles, no police vehicles, with hybrid cars. Mr. Daubney stated that solar heating be installed in new affordable housing.

6. Mark Aarons, Georgia Lane; Regarding the concrete crushing operation and the village’s opinion that this is safe; he reminds that courts are full of experts that are being challenged. This is a valuable resource so testing water every day seems a rational thing to do.  Mayor Elliott stated that the Village Engineer is the ultimate expert on water issues; this is his field of expertise. Mr. Aarons asked if the village knows if our engineers have a good E&O policy (Errors and Ommissions).

7. Joanne Minett, Van Cortlandt Place; Trustee Grant has said that many favored these agenda changes; she hasn’t heard one of them speak out.

8. David Tuttle, Grand Street; He was just advised by Trout Unlimited that only a simple pool kit is needed to test the water.

On a motion by Trustee Kane, seconded by Trustee Wiegman, the minutes of the Meeting of May 3, 2004 were approved as amended by a vote of 3-0-1 with Mayor Elliott abstaining.


Manager Herbek:   Charlie O’Connor awarded EMS Volunteer of the Year; this is quite an honor.  Also, Susan Menz, Superintendent of Recreation is receiving a professional service award for 15 years of services in the field.  Doreen and Gary Pettit will be receiving a Staff Associate award for their dedication to the Croton Youth program.  If any board member would like to attend please let him know.

Trustee Wiegman:  Tomorrow is the School Election day, a board election, referendum and budget will be decided on.

Trustee Kane: NYSDEC announced that funding for the Hudson River Estuary program is available; the 6th year of availability. He will be looking into them.

Trustee Schmidt: The Memorial Day ceremony is at Five Corners at 11 am; the Croton Education Foundation ‘Dinner Under the Stars’ is this weekend – tickets still available;  Home Compost Bin day is at Saxon Woods this Saturday; Recreation Advisory Board asked that the board reconsider music at the skatepark.

Mayor Elliott:    Mayor Elliott appointed Trustee Kane as a member of the Waterfront Advisory Commission from the Village Board.  He said Trustee Grant was absent due to a back problem and wished her well. He asked for an Executive session. On a motion by Trustee Wiegman, seconded by Trustee Schmidt, the regular meeting was adjourned and the board voted unanimously to go into Executive session to discuss a matter of litigation.

The regular meeting was adjourned at 10:37 PM.

Respectfully submitted
Ann H. Gallelli, Secretary

Village Clerk