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Board of Trustees Minutes 07-19-04
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, July 19, 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          Trustee Grant
        Attorney Waldman                Treasurer Zambrano
                        
1. CALL TO ORDER:

Mayor Elliott called the meeting to order at 8:08 pm.  Everyone joined in the Pledge of Allegiance.

2.  APPROVAL OF VOUCHERS:
On a motion by Trustee Grant, seconded by Trustee Schmidt, the vouchers were approved unanimously as follows, subject to review by the Audit Committee

        General Fund            $ 84,868.04
        Water Fund                 13,893.35
        Capital Fund                   58, 578.52
        Trust & Agency      16,596.63
        Total                           $173,936.54


3. CORRESPONDENCE:
        a. Steve Samuels, Cleveland Dr., re:  Block party
        Discussion: This would close the section of Cleveland from Gerstein north to the Croton Gorge Trail head.  Approval was moved by Trustee Schmidt, seconded by Trustee Wiegman and passed unanimously.
        b. Mary Ann Roberts, Town Clerk, Town of Ossining, re: Nextel request for Special Permit for Wireless Telecommunications Facility in Ossining.  The proposed location is 400 Executive Boulevard in Ossining.   
        c. Fredric J. George, NiSource Corporate Services, re: request to FERC for extension of deadline for implementation plan and construction completion.  The Village was copied on this letter to FERC.  It is noted that Millennium will be filing a certificate amendment application in the near future as some of the project details have changed.
        Discussion: Attorney Waldman stated that since the Millennium Pipeline decision is still pending in court, they can’t go forward meaningfully so they need time extensions.
        d. Ann Gallelli, Comprehensive Plan Committee, re: submittal of zoning code update for Chapter 230 of the Village Code. The letter outlines the next steps in the process.
        Discussion: The Village Board referred this to the Planning Board.

        e. Sara Mills-Cohen, Lexington Drive, re: Dog park in the Village.  Ms. Mills-Cohen is happy with the idea of Croton Landing being designated as a dog park.  She suggests designating ‘dog hours’ rather than fencing in an area.
        Discussion:  The Village Board referred this to the Recreation Advisory Board.  f. Don Daubney, Bungalow Rd., re: Metro Enviro.  Mr. Daubney urges shutting down the Metro Enviro facility.
        g. Thomas Norris, The State Education Dept., re: Local Government Records Management Improvement Fund Grant Award of $12,700.  The Village has received this grant.

4. CITIZEN PARTICIPATION – AGENDA ITEMS
Mayor Elliott noted that there are two large topics on the agenda tonight that many people want to address; he asked for Metro Enviro comments first.
a.      Maria Cudequest, 84 Grand St.;  Ms. Cudequest referred to a quote from David Steinmetz ( attorney for Metro Enviro) in the Journal News in which he says the company is ‘law abiding’;  she is astounded by these statements. Mr. Steinmetz also stated that Metro Enviro serves critical C and D needs. Ms. Cudequest stated there are other disposal options available, as close as Peekskill;  Allied owns 3 transfer stations in Westchester County and all can take C and D. Ms. Cudequest stated that recently local contractors submitted an affidavit saying they would be in danger of going out of business if Metro Enviro closed, one was Franzoso;  those who would allegedly be closed should be most angry with Metro Enviro for creating the conditions calling for closure; it not the responsibility of Croton to provide for the disposal needs of others. Ms. Cudequest stated that much of the waste comes from Connecticut and the Bronx.  Ms. Cudequest provided the comments of a Mr. Giardino of Mt. Kisco, which reached an agreement with Allied;   their situation has not fundamentally improved. Mr. Giardino warns Croton that $5 million from Allied did nothing good for Mt. Kisco, they still have pollution and garbage smells; watch out. She urges no deals with Metro Enviro.
b.      David Goldman, 76 Young Ave.; Mr. Goldman noted that a point has been made that Croton has paid its dues with the waste industry; referred to articles about the Croton Point dump and reiterated what was deposited there. Croton also has Indian Point to consider. Westchester County dragged its feet on closing the dump until public pressure prevailed.  Why would the Village Board want to continue its association with this industry. Trustee Grant has said she was saddened by the angry discourse at the meetings and quoted her as saying ‘her trust was betrayed’.  Why is the Board willing to negotiate with Metro Enviro?  Attorney Waldman stated that there could be no comments. Mr. Goldman stated that the Board’s fiduciary duty requires the closure of Metro Enviro.  Attorney Waldman stated that is was premature to discuss the question and status of negotiations.
c.      Maria Ciabolla, 2 Wells Ave.; Ms. Ciabolla asked if the Board will ever discuss anything regarding Metro Enviro. Attorney Waldman stated that if anything comes out of any discussions that did or will take place and which were publicly announced, that would have to be presented, discussed, and voted on at a public meeting.  Ms. Ciabolla asked if it is a fait accompli; does the public have anything to say about the decision?  Attorney Waldman stated that the residents do not have a voting right; it is what the Board of Trustees decides.  Ms. Ciabolla said she doesn’t understand why the residents do not have anything to say; is there anything that would change the Board’s mind?
d.      Richard Pellicci, 65 Radnor Ave.; Mr. Pellicci stated that he walked his feet off this weekend to get it closed; close this facility.  If this is democracy, the Board should be ashamed.
e.      Deborah McCarthy, Truesdale Dr.; The Executive Session minutes of June  2004 say a consensus of the Board decided that Mr. Gerrard and Mr. Waldman and Mr. Herbek would meet with Mr. David Steinmetz.  She called Bob Freeman in Albany about the requirements for reporting under the Open Meetings Law; he said that there had to be an indication of how each Board member voted. Ms. McCarthy asked him for a confirmation letter which he said he would do but it would take about a month.  Ms. McCarthy also has an advisory opinion on a similar situation.  Attorney Waldman said he would review the material she presented. Ms. McCarthy said Mr. Waldman has been a long time attorney for the village and he should know what the law is in this regard. Mayor Elliot stated that it had been researched as to how the minutes should read and that is how the minutes were written.  Attorney Waldman stated that the so-called ‘action’ was an agreement to sit down and have a discussion with someone; he is not sure this is of the stature of a decision that must be recorded on a vote by vote basis; he doesn’t feel sure this is an ‘action’ within the meaning of the law. Ms. McCarthy could have written him or called him earlier so he could have explored this further. Ms. McCarthy said the Board all loved to hide behind this self-imposed gag order.  Ms. McCarthy stated she was not happy with this answer; she will send it to Freeman and get his official opinion and she will write an editorial to the Gazette and the Journal News about how Mayor Elliott’s Board has violated the law.
f.      Joe Bencivenga, Benedict Blvd.; invited each of Trustees to stand up and be counted on how they voted in that meeting.
g.      Joanne Minett, 5 Van Cortlandt Place; the article in the Gazette was confusing; she read the part she didn’t understand regarding how Metro Enviro can appeal. Attorney Waldman explained that Metro Enviro have a right for ‘leave for appeal’ even though they lost their case; they have gone to the Court of Appeals for this and also asked for stay of closure while the Court of Appeals decides on whether to grant the motion of leave to appeal; they are allowed to remain open until the Court of Appeals decides whether to allow their appeal. Ms. Minett confirmed that the Village then had to wait until this decision on leave to appeal – in August and then the Village will then close facility.  Attorney Waldman stated that is certainly the track the Village is on now.  Ms. Minett stated that everyone in this village wants to see this facility closed. Trustee Schmidt clarified that the court doesn’t come back into session until August 24th or so and may or may not decide right away.
h.      Gerry Burton, Benedict Blvd.;  Mr. Burton is disturbed by the comment about meeting with Metro Enviro to see what could be done;  if you make a deal is that the end of it?  Attorney Waldman stated that if there was a proposal worthy of consideration it would be presented, considered, discussed and voted on at a public meeting. Mr. Burton said the Metro Enviro should be closed; he sent an email to the Trustees; for your own benefit you should close it, it would get you home earlier on Monday nights.
i.      Mark Aarons, 18 Georgia Lane; Mr. Aarons asked if a bond was posted on the leave to appeal motion; yes – $10k.  He said it was a cause for concern when Metro Enviro is allowed to continue when our hands are tied; this has been an entity that has shown it can’t be trusted; Trustee Grant said this herself.  Mr. Aarons listed reasons why he is concerned.  Why can’t the Board hear that there is an absolute ‘no’ to this Metro Enviro facility.  If the Court of Appeals should decide in Metro Enviro’s favor, he wants the Village Board to pursue it further in court. Mr. Aarons referred to other facilities in the area – Croton Point and Resco. He doesn’t think that Croton should bear the brunt of this environmental damage – why can’t someone else bear this brunt; let Tarrytown take this one; why do we have to be the answer to all the region’s problems.  Let’s say no to Metro Enviro.
j.      Margaret Opie, Batten Rd.;  Ms. Opie stated she is thinking about the long-term impacts of the Croton Pt. dump and is concerned about selling out for big bucks;   Legal jargon won’t be the solution to cancer in the town of Cortlandt – fumes, rats – they go into everyone’s house; what we are inhaling will affect us all. She doesn’t know who the ‘they’ are but when do we find out who the ‘they’ are that met with Metro Enviro and changed the rules?
k.      John Giglio, 50 Emerson Ave.; Mr. Giglio asked that after all the time and energy spent to fight Metro Enviro in the courts, please don’t make any deals.
l.      David Tuttle, 94 Grand St.; Mr. Tuttle asked if Metro Enviro is in full operation; yes. He is concerned that we should be monitoring it at this time, over the next few months; asks the Board to monitor during this time when Metro Enviro may think we are not paying attention.  Are we not going to hear any public statement until late August?  Mayor Elliott said the Board would be guided by counsel.
m.      Joe Gonzalez, 2 Stephanie Court;  Mr. Gonzalez stated that here are a lot of people here not seen on television; how you present yourself is smug and arrogant based on what he saw on television; the board needs to see how you are coming across.  Anne DiCioccio is collecting money for the anti-Metro Enviro advertising; he commits $200.
n.      Don Daubney, Bungalow Rd.; Mr. Daubney stated that the Board has the message from the people.  Some people felt that some of the Board were in favor of it from the beginning.  He didn’t participate in the discussion about the Citizens Committee because he knew it was a joke; there was no chance they could monitor Metro Enviro; it was time spent by residents to no avail as they were not in a position to monitor.  The people who run Metro Enviro will do what they have to do to make money from it. He is extremely puzzled that Croton’s Metro Enviro counsel said we would discuss anything with them; that just didn’t make any sense at all after the amount of money spent to get where we are; do what you have to do and let it close.
o.      Charles Trendell, 39 Batten Road; Mr. Trendell stated he was a Trustee from 1980 to 1982 when he fought the dump and beat it.  To appease Croton the County gave Croton $1 million because it could not be closed on time. There are hints in the village about people taking money. Mayor Elliott responded that it was not worthy of him as a former Trustee to make that statement on television.

        Mayor Elliott closed the discussion segment on Metro Enviro as no more people responded to his call for more comments.  He announced that comments would now be received on the Special Permit application for Something Good in the World.
(Note: In this section of comments Something Good in the World is denoted by SGW and the Zoning Board of Appeals is denoted by ZBA)
        
        p. Jim Moore, 56 Irving Ave.; Mr. Moore stated that there is a rumor that Mayor Elliott is interceding before the Planning Board on behalf of the school on Maple Ave.  Mayor Elliott stated that he did not intercede with the Planning Board but spoke at the Zoning Board of Appeals (ZBA) meeting to remind the ZBA that they should take up what was in their purview and the Village Board would review those things that are under their purview
        q. Barbin Sarbin, President of Something Good in the World (SGW); Ms. Sarbin thanked the Board for all the dialogue and communications that have occurred; she appreciates the thoroughness in which they have shared their concerns; feels SGW has done its very best in making its application. MS. Sarbin clarified what Garden Road, the current facility at 138 Maple, currently does – a Group Family Day Care home under license from State Family Services; they are subject to regular inspections. The facility does not require any other permits and does not require the owner to occupy the facility.  SGW applied for variance to operate a school; they requested the exact variances needed as stated by Dan O’Connor, the Village Engineer, and the ZBA may have mistakenly done something less; this is not the fault of SGW.  Ms. Sarbin stated the SGW is looking to be a non-public school, not more that 2nd grade, and never more than 24 children at a time.  Only 2 cars maximum are parked in front of the building and no more than 2 or 3 at any one time involved in drop-off or pickup.  They would not be a public Charter school nor do they have the intention of becoming one.  Some confusion may have arisen due to similar wording in the certification process.  A private school is not eligible to receive state aid or taxes; any services that a non-public school might be eligible for would be determined by the School superintendent based on the equivalency of curriculum.  Ms. Sarbin stated that Dobbs Park is not used daily by the Garden Road, only weekly, and children are walked by the cross walk.  Garden Road uses Croton Free Library for concerts and performances and Asbury Methodist is used for Parent workshops; graduation time is the only time for an event at the school; they do have parent work days. Ms. Sarbin stated they would like to stay at the current location as long as possible; might move in future. SGW does not intend to apply for a provisional charter for first grade this year.  Ms. Sarbin said that speeding is a problem and they would help by joining with the Village to apply for speed reduction signs if they receive status as a school.  She has brochures and press clippings for those in the audience who do not know about them.  Ms. Sarbin stated that the school is in character with the neighborhood, meets a Croton need, is consistent with the Comprehensive Plan and its goals; there are   30 people here tonight to support their application
        r. Deborah McCarthy, Truesdale Dr.; Ms. McCarthy stated that this is one of the applications presented with good aspects but the manner in which it was done and the location are not the proper thing for the village; located on a heavily trafficked street and would impact our own school system; potentially Croton tax dollars might be used to support it.  Ms. McCarthy stated that the ZBA first denied the application and then the same application was considered again; it was characterized as a new application.  She forwarded cases to Attorney Waldman that showed that this characterization was wrong. At the second application, Ms. Sarbin got up and waffled on the possibility of other grades; she also said that Mayor Elliott would come and tell the ZBA that the Village Board would approve. Ms. McCarthy was the Board liaison at the time and there had been no discussion.  The Mayor came and said some complementary things about the ZBA and that the Village Board would approve this application.  She and Mayor Elliott disagree about what exactly was said.  Ms. McCarthy stated that she told the ZBA that this had not been discussed at any meetings. Ms. McCarthy felt that the Mayor has taken a position that is highly improper to try to persuade another Board and now he must recuse himself; has shown a lack of objectivity in these proceedings; it sends a wrong message to the residents.
        s. Neal Haber, President of Croton-Harmon Board of Education;  Mr. Haber stated that any statement that acceptance of the special permit would not have effect on the school district financially or otherwise is not  accurate; certain expenses would be borne by the school district -  monetarily and on the time of the superintendent. The applicant’s website says they are looking to become a full-fledged K-12 under the international template; he doesn’t know what their intention would be beyond this location. Mr. Haber listed areas that the School District would be encumbered by financial and or operational implications; health services, transportation, text book obligations, and the district superintendent’s responsibility to oversee the non-public school as to whether they are providing an equivalent alternative instruction.  This does not apply to Kindergarten, but does for first grade and beyond. Mr. Haber stated that the Superintendent would be required to spend time in this oversight function, and make a determination of equivalency; this is time/attention/ taking our Superintendent away from other responsibilities that she has. Further, if there is not equivalent alternative instruction provided, the superintendent can recommend to the School Board that the school does not meet the requirements; if board passes on this, then the other obligations do not apply but it is subject to legal challenge. SGW’s intention to not apply  for a Charter School has no long term effect;  if they did and got it, the  school district is required to pay a per capita cost for every student attending – taken off the top of the schools revenues. Mr. Haber cited the cost figures. Mr. Haber urged that if the permit is to be approved there should be a condition against SGW applying for Charter status.
        t. Gene Perl, 39 Finney Farm;  Mr. Perl stated he is speaking as a resident not as a School Board member. A Special Use permit should be special and not be granted just because something seems like a good idea; only for significant benefit to the village as a whole.  In this case, this is not so; the area required under the village code is much greater than SGW has available to them. The strong appearance of impropriety should be avoided; a variance of such a great magnitude – it is unbelievable that the ZBA could reach their conclusion.  Mr. Perl stated that the value to the village as a whole is at best limited; SGW might acquire another house to handle higher grades and they will come back for another Special Use permit; if not,  they may move and so this permit would have value only for about 2 years; urges the Board to reject.

        u. Maria Cudequest, 84Grand St.;  Ms. Cudequest stated that the variance was denied in December; change of heart occurred on the day the Mayor showed up; the ZBA could have explained their rationale for the change but there are no real minutes for the meeting since they were inadvertently deleted; reconstructed minutes are not as accurate as regular minutes.  She had offered to attempt to recover the file, but the offer was rejected. This adds further to a sense of impropriety.  A series of misteps has given these people (SGW) a very bad start; please have the ZBA explain their rationale for their change of mind; her researchers looked for similar variances and couldn’t find anything in the last 6 years that reached the scope of this variance
        v. Mitchell Bring, 12 Prickly Pear Hill Rd.;  Mr. Bring has lived here since 1996; moved from Toronto. He recounted his son’s education in Croton including Croton Community Nursery School and the Circle School; transferred to the Garden School and it was wonderful. His son will attend CET in the fall for Kindergarten which is currently the largest elementary school in the county; will have 6 or 7 Kindergartens this fall.  His son loved the Garden School; he showed pieces of his son’s art work and photos.  He was attracted to Garden Road because of the love and idealism displayed by the teachers; diversity of student body; and a program that is more than supervised play. He supports the petition for the Special Use permit so other parents can have the opportunity to take advantage of this type of educational opportunity. There are a number of schools near by the Garden Road with the same traffic and road issues; tonight Dobb’s Park has 45 vehicles there for a game.  He is an economic consultant with a world-wide practice; the difference between thriving communities and those that fall behind is the ability to accommodate and embrace change in a postive and proactive way and the  ability of the leadership to rise above the personalities and politics and act in the best interests of the community.  SGW meets the growing needs of this community without endangering any party; it is a sign of vitality, grow and health and enriches the important choices we can make in our community; it deserves your support.
        w. Nina Sukumar, resident of Ossining;  She is a parent of a Garden Road student;  the house in which the school is located was dilapidated; much needed to be done; now the whole building has been transformed into an oasis of tranquility; it has improved the look of this part of Croton.  She spoke of how she spends her time in Croton – doctors, lessons, shopping, eating. She has made a commitment to home schooling but has stayed with the Garden Road school for 9 hours a week.  Her daughter has learned to read for pleasure.  She wants her children to be part of that school and will be sending her second child there. She stated that whatever Barbara Sarbin says about not applying for a Charter school, is the truth.  Ms. Sarbin has the highest integrity which we are so lacking in our world. She never felt unsafe with her child at the Garden Road. She hopes you will see how incredibly special this school is. On the issue of three acres, these are small children which is appropriate for the available space.
        x. Elizabeth Colquhoun, Secretary of SGW, resides in Stamford Conn.;  She has a degree in education for special needs children.  She is involved because SGW is doing something good without harming any traditional structures or anything else.  Every child should have an opportunity to learn in a place which is best for themselves.  Not putting anyone in danger but enabling something wonderful.
        y. Michael Collyer;  Mr. Collier’s son just graduated from Garden Road.  He totally endorses Mitchell Bring’s words of support; we desperately need good day-care and pre-school facility.  Childrenspace has exactly the same space and traffic concerns; it’s a reality of today; the valid concerns raised are traffic and safety.  He heard tonight about ‘what if’s’; that a first or second grade would require a nurse; so be it;  Let’s  hope SGW is successful but that is not the issue in front of you right now and you need to think about these children and parents.  Most of the ‘graduates’ are going to public schools in the area for Kindergarten.  We need this school.
        z. Susan Collyer; Speaking from  her heart, this is the most phenomenal group of people who are completely dedicated to the nurturing of the children who attend there. She prays that Croton could become something like this school; it breaks her heart about the close-mindedness of people worried about finances.  We need to open up our hearts to achieve what we are meant to be; the community has got to open its it minds and hearts and not just keeping what we have because it is nice and safe.  
        (a) Margaret Opie, Batten Rd.; She has been a resident for 40 years; 3 sons attended Croton schools.  She looked at the SGW brochure and it says they are going K-12.  She is concerned about finances and she is on fixed income; for some people money is not an issue but it is for her and other seniors;  how and what is it going to cost us; she  needs to know when the Board votes ‘yes’ what is it going to mean to her financially; if they vote ‘no’ what will it mean to the children; we need plain old fashioned understanding in talking together about this; people get excited whenever anything new comes to Croton; she wants to be clear what this really is going to be and what it is going to produce and how it is going to affect seniors like her; talk to some of us who don’t quite understand; all she heard up today was “they”.
        (b) Gary Channing, 68 Quaker Bridge Rd.; Mr. Channing has 2 children at Garden Road; one will go to Kindergarten at Garden Road.  He pays his Croton school taxes; which is a financial burden on him so he is paying for both; feels he is making the school district’s finances better. Mr. Channing pointed out some contradictions or inconsistencies put forward by School Board members; Mr. Haber’s remarks and considerations are not directed at Garden Road in particular but rather at not having any other non-public school in Croton. As to procedural problems, the Board should remember that the school has real value and it shouldn’t be held hostage to the recriminations going around.  He was at the second ZBA meeting and he didn’t see any shenanigans; the ZBA talked about the variance and decided that the size of the SGW school was about 1/15th of the size of the kind of school that the law was meant to address. The ZBA members went out and did field inspection; seemed like sensible people; they did their job.  What really will hurt the school is if they don’t get their non-public school status.
        (c) Beth Whipple, 2105 Quaker Bridge Rd;  Her child will begin at Garden Road and she is a certified teacher of first and second grade.  Safety is her first criteria and she has visited many schools in Croton; she never felt unsafe in the Garden Road environment.   The love for learning she saw at the school is what she wants for her children – everybody does; she hopes all children will be life-long learners at all schools;
        (d) Deborah Jillson, 21 Pine Meadow Lane;  She has 2 children at Garden Road. She feels safety has been demonstrated; must make it a school so we can get the crosswalks and signs to benefit everybody in Croton.  A lot of time has been put into making this application and you are in a position to make an educated decision on this.
        (e) Deborah Fletcher, 121 Maple St.; Ms. Fletcher is not concerned that these children are not safe in their school, it is the other children in the community. She said she and neighbors were not aware of the second ZBA meeting; she read from the minutes that paraphrased Mayor Elliott’s remarks to the ZBA.  She asked if once the variance is set can any body do this; another building could be bought and another school applied for? Attorney Waldman stated that the law was changed from ‘parochial school’ to ‘school’ because the previous wording was unconstitutional in his opinion. Ms. Fletcher stated she sees a lot of dangerous situations on Maple; the street cannot support more traffic; a new school will be more traffic;  she is in opposition.
        (f) Bob Wintermeier, 43 Radnor Ave.; He is not against private or non-public schools; favors the competition.  His concern is that they are pursuing a non-profit track which could result in significant costs to the school district taxpayers; how much it will cost the residents; make the users foot the bill. On Dobbs Park, where does it stand with regard to Village liability; maybe it should be restricted. Paying for other things like books wasn’t brought up. With non-profit organizations you must be very careful; look at the salaries of the executives who run this organization; must check into these aspects.  What is the recourse if they don’t abide by whatever conditions you might set up?
        (g) Rich Garrona, Maple St.; There are a lot of issues swirling around;  nobody questions the love of the teachers at the school but the Board is here to address external issues  such as traffic and speeding; signs and crosswalks will not do the job; when events happen at Dobbs Park or Asbury Methodist, the street is jammed. The Village must be concerned with the safety of the people who are there. He mentioned an incident in January when he said a child did get out in the street; it could happen anywhere but by letting a school operate at this location, it increases the opportunity for it to happen.  He read the goals of the zoning law, one of which is traffic safety. He can’t understand the size of the variance; 3 acres is required in the law for safety reasons.  Fire access is another issue. Increasing the size of the school is not good; how could the Village defend itself if something happened and they gave the Special Permit.
        (h) Mark Aarons, 18 Georgia Lane; Mr. Aarons stated that this is an issue that gets you scratching your head;  he had to search out a program that worked for his kids;  this program seems very good but the question is whether is this the right place;  can we find a location that solves the problem. His problem is that on Mt. Airy where there is no park, the kids use Dobbs; the kids go to that park from Mt. Airy.  Keep in consideration outsiders using Dobbs Park. The Comprehensive Plan spoke against changes in zoning; does this set a precedent; he thinks it does; would create a spot zoning problem if another wanted to open a school a few houses away.  Two different functions are proposed by this use, a school and a day-care center. These have two different zoning requirements. The variance was granted by the ZBA for pre-school Kindergarten; the Planning Board issues Special Permits for day-care centers; Attorney Waldman stated that this is an application for a Special Permit for a school for K-2.  Mr. Aarons gave his opinion about the case law involved based on his review of the Onandaga case. He is confused how this got in front of this board; please don’t vote on this tonight due to the confusion about what is in front of the Board.
        (i) Guy Felixbrodt, 138 Maple St.; Mr. Felixbrodt expressed admiration for the Board to sit and listen for so long. He is following up from the last board meeting when the school district asked some questions – mainly to do with the safety situation – traffic and parking. Mr. Felixbrodt put up a poster showing existing buildings on Maple in both directions from138 Maple Street and the distances to them. He said it showed that there is plenty of parking available.  He counted route 129 about 1200 cars/hour, 7200 cars in six hours.  Garden Road pre-school traffic will have a maximum of 24 cars arriving/departing; this amounts to one car for every 300 cars of the daily average. It would amount to one minute out of six hours, actually closer to 0.333.  Parking associated with the school amounts to 3 cars for 3 to 4 minutes.  Baseball games usually draw 30 -35 cars, today there were 45 cars; this happens three times a week and the cars stay for hours.   All this information says that parking is not really an issue; if SGW is approved, the Village can apply for appropriate signs. Mr. Felixbrodt invited all to come and see for themselves.  He explained why he moved to Croton – for the potential to have an excellent education opportunity. He referred to Ed Rondthaler’s vision of Croton being the most educated River in the US; it already is.  
        (j) Constance Bynoet, Cold Springs, NY; She is a teacher at Garden Road and spoke of her joy at working with the children and their joy at Garden Road. The school is working with citizens of Croton to meet high standards of education and to meet safety needs.  
        (k) Nicole Channing, 68 Quaker Bridge Rd.; She has two children at Garden Road.  Ms. Channing spoke of how much her children like going there. Regarding the acrimony about the ZBA and people performing their duties correctly, it is not appropriate to take out problems of this sort on the parents at Garden Road; they shouldn’t be punished for this.  The aspersions cast on what the people at Garden Road say is totally wrong, these people have the highest integrity.  They can’t increase their grade limit at this location.  She referred to the Onandaga case and thinks Mark Aarons is mistaken in his interpretation; the case says the ZBA has no power to prohibit the school district from constructing a school; it has to do with the power of the school district.  For a small school, a huge percentage of the parents are here tonight; do you want Nothing Good in the World?
        (l) Nekia Caprice Fox, Journey’s End Road; She is a teacher at Garden Road; she stated that building a dream is what the Garden Road tries to do and also SGW; each step of this vision has taken about 8 years in order to reach today’s level; this takes time and every step has been with great deliberation;  a safe environment is their concern.  Families work really hard to survive and Garden Road offers support for families; she knows the Village Board believes in the same values. She assures the Board and community members that the school will uphold safety inside and outside the school.  As a teacher, the curriculum honors the merchants in the community; they go in groups to shops in the village; employees do not make much money in this; it is done for love and belief in children.
        (m) Eileen McGowan; Ms. McGowan is a recent resident of Croton, one and half months; moved to Croton because of the Garden Road after long time abroad.  These are people of integrity; she described her first experience with going to the school.  She doesn’t like busy streets but parents are careful about their children; she is more paranoid about going to Wal-Mart and being in the parking lot; she thinks it’s a petty thing in this case; parents are very responsible with the kids.  
        (n) Ann Gould 479 E..Mt. Airy Rd.; Ms. Gould has daughter at Garden Road and one at PVC; she has more concern about kids coming out of PVC than children at Garden Road. There is little use of Dobbs Park; other camps and day-care places have much more intensive use of the park; she spoke of her daughter’s success there and how she has blossomed there.  
        (o) Donna Mikkelsen, 138 Maple; Ms. Mikelson is the Director and on-site provider of Garden Road and a Board member of SGW; she moved here 2 years ago, it appeared to be a place that welcomed innovative enterprises; they have been welcomed by the community.  Parents and children want this school to exist and grow; they already have 2 children on the waiting list for kindergarten in 2005.    People have moved here to take advantage of Garden Road. The children go through the village on trips and are being integrated into the village; any wise community would welcome this. This is all possible because of the central location of the school.  Ms. Mickelson stated that they are asking for a Special Use Permit so they can add ten children to their existing program.  There is a concern about safety on 129 but this was a concern before they came there and they do not make a significant adverse impact to the problem.  Dobbs Park is designed for small children; if safety was an issue, would they have put it there?  She lives at 138 Maple and sees the parking and the long-term parking at ball games at the park. Between 9 and 3, when drop-offs and pickups mostly occur, traffic is volume is comparatively light. SGW can help reduce the speed limit if they get to become a school; they can make a difference on that road. Ms. Mikelson stated she is sorry the neighbors didn’t speak with them before spending time on a petition. They offer a choice but are  not in competition with CET. They are not asking for bus services even though they are eligible for them and they have no intention of using school district text books or software programs as they have their own.  Please take into account all the facts.  There are human beings behind this application who want to do something good for this community.
        (p) Steve Feero, Penfield Ave.;  His son has gone to Garden Road two years and flourished there.  Kindly let this school happen – please.
        (q) Anna Lattanzi, 906 Half Moon Bay Drive and owner of 209 Grand Street; The Croton school system is fantastic. Children are the most important thing this village has to offer.  The issue is not the school but its location; we should move them out of the village if want them to thrive; they are caged now in that location.  Ms. Lattanzi spoke about the dangers of traffic and the Village’s response to her concerns.  Has the subject of crossing guards been addressed on Grand St. at intersection of Maple? She wants to see this school continue and flourish; people want this kind of education in Croton; it is the wrong location; look at a different location – the Holy Name of Mary location for example.

At 11:20 Mayor Elliott called a ten minute recess; the meeting reconvened at 11:33

        (r) Steven Quinn, Pond Meadow Lane;  He has waited three hours to support this school; it is a great asset to the town.
        (s) Sherri Young, 44 Furnace Brook Dr;;  She has lived here her entire life and owns a business;  donates her services to Garden Road and SGW as well as the Asbury School, among others; she does this because they are an enhancement to Croton.
        (t) Chenlie DiStano -  She is not a parent but very much supports this school; it is part of an international program; it is an explosive program with phenomenal success; she wants to see it get its permit.
        (u) Joe Stagliano, 29 Olcott Ave.;  He endorses the previous speakers support of the school; he has two children in the fall program; he has seen the difference in his child since attending;  He feels very safe in terms of dropping off and picking up and how they are cared for.  His criteria in moving to Croton was this school, knowing it is here, please grant the special permit;
        (v) Emmanual Simmonot, Van Wyck St.; He is proud to be a taxpayer here; he favors the school. 138 Maple Street used to belong to the Bennetts who started the music conservatory which everyone in Croton is proud of. These people will not let you down and will be good for the future of Croton.  Ten more cars is not a big issue.
        (w) Danny Oks, 101 Truesdale; Mr. Oks owns the building where the school is.  It has always been their vision and dream to have the school there.  His daughter went there, she is now 6 years old; Mr. Oks spoke about the benefits for his child; he was impressed by how the children bond together; has never seen anything like it before at any other school.  Mr. Oks gave examples of teachers working without pay in the beginning to help maintain the building and the yard; a spirit of volunteering that is happening right here in town; it is beneficial to embrace it rather than focus on little technicalities. Since the school started it has been an absolute success; it started with 5 or 6 children; today 14 students and a long waiting list; there is a need in the community for a school like this. Let’s see how we can accommodate this.  When the zoning law was written real estate was not as expensive, today a private school could never afford that kind of space; it doesn’t allow the small person with a vision and a dream to create a school.
        (x) Collette Asp, Pond Meadow Lane; She is a 12-year resident and chose to live in Croton because the way Croton thinks is out of the box.  She doesn’t have children but if she did she would want them to go here.
        (y) Natasha Thomsen; Van Wyck St. and former resident/owner of 138 Maple; The house has undergone an incredible upgrade. She and her husband (Immanuel) were very glad at the prospect of selling the house to Danny Oks and having Donna and Guy move in.  They have fulfilled everything they said they would do; it started small and has grown.  SGW are not trying to squeeze a lot of children into a small space; just modest increases, gradual organic growth.  She attended the May ZBA meeting and nothing was done out of step.  The Golden Education template is connected to a much bigger education picture and they really are putting Croton in the spotlight with this.
        (z) Don Daubney, Bunglaow Rd.;  Mr. Daubney stated that it certainly comes across that Garden Road is an excellent school and parents all love it. He heard neighbors express dissatisfaction with this expansion.  The Board of Asbury Methodist, of which he is a member, do not want this expansion to take place; they feel it will exacerbate traffic and safety considerations.  If the Board permits this to take place, it is setting a very dangerous precedent; can’t deny someone else in the same situation the same permit; the Board must turn this down on the basis of the law.  This is a residential area, the Garden Road is fine now but not for a larger group. SGW won’t exceed 24 at a time but they haven’t said they would limit the total number to 24.  Find another place or stay the same.
        (aa). Simone Kuckla, Montrose;  She  wishes she had this kind of school when she was growing up; her 8 year old son did not attend Garden Road and it was a negative  experience for him. Her other child does attend, it’s been wonderful and the school is supportive of her needs as well.
        (bb) Gail Lamb, 44 Park Trail;  She is a teaching artist; Garden Road is the most inspiring creative learning environment she has ever taught in. Garden Road’s bright future is on incredible value to this community. Please assist the Garden Road in growing.
        (cc) David Tuttle, 94 Grand Street;  Mr. Tuttle stated the school is a wonderful concept and philosophy and something we should support;  it shouldn’t overshadow other great nursery and pre-schools in Croton.  The issue is not about supporting the school but rather about the granting of the Special Permit and the growth of the school   A resolution should say it is limited to 24 kids and remain as a pre-school. He is not opposed but concerned about the location; there is a compromise that can be reached and you probably can’t do it tonight.
        (dd) Neal Haber, President, Croton School Board; Mr. Haber clarified points on behalf of the Board of Educattion; they have no quarrel with the Garden Road school as it has operated as a pre-K and the kindergarten students it has served. The issue is the change in size and change in the focus in the school.  Mr. Haber read from the application, noting a change to accommodate grades 1 and 2; this creates certain obligations on the part of the school district; that responsibility becomes significant and takes the time of the Superintendent and staff to make sure an equivalent education is provided.

With no more people asking to speak, Mayor Elliott ended the comments on SGW.

        (ee) Maria Cudequest, 84 Grand St.; She recently some received email from Eric Goldberg about traffic on 129 saying this road has been designated a regional waste thoroughfare.

5. RESOLUTIONS:
        a. Authorizing Village Manager to award bid to Kintronic Laboratories for the
radio communications pre-fabricated building.
On motion of  TRUSTEE Schmidt,  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 radio communications building renovation will encompass the installation of a new 80-foot tower, pre-fabricated building, back-up generator, and upgrade to the radio equipment; and

WHEREAS, this project was approved in the 2003-2004 capital budget; and

WHEREAS, specifications were prepared for the pre-fabricated building; and

WHEREAS, bid packages were mailed to nine contractors;

WHEREAS, of these, only Kintronic Laboratories Inc. returned a bid; and

WHEREAS, Chief Diggs and Sgt Corvinus reviewed this bid package and recommend that the Village award the bid to Kintronic Laboratories Inc. at a cost of $38,276.

NOW, THEREFORE BE IT RESOLVED:  that the Village Manager is authorized to award the bid for the pre-fabricated building for the police and fire dept radio communications project to Kintronic Laboratories at a price of $38,276,
AND BE IT FURTHER RESOLVED:  that this amount be charged to capital account #3140-0200-0304-100.
        Discussion: Trustee Schmidt asked if this expenditure falls within the estimated  amount for the whole project; Manager Herbek said it does.
b. Budget Amendment, re: computer equipment.

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 Treasurer has asked for a replacement server for the financial software programs due to the age of the existing server purchased in 1998; and

WHEREAS, the Treasurer did not budget for this expense in the 2004-2005 budget: and

WHEREAS, a DELL server and a license for WINDOWS server 2003 with 25 nodes can be purchased under the NY State Contract # PT-55666 the Treasurer wishes to fund this purchase from the contingent account in the amount of $6,500.00.

NOW, THEREFORE BE IT RESOLVED: that the Village Treasurer is authorized to purchase the required server and to transfer the needed funds from contingent and to amend the 2004-2005 General Fund Budget as follows:

1. Increase       001 1680.0200 by      $3,000.00  (Computer Equipment data processing)
2. Increase     001 1680.0400 by        $3,500.00  (Computer Licenses and Installation)
2. Decrease     001-1990.0400 by        $6,500.00  (Contingent Account)

Discussion: Trustee Grant said she would like it come from any other place than the contingency fund.
                
c. Budget Amendment, re: Water Fund.

On motion of  TRUSTEE Kane,  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 had funded a portion of the Well #4 improvements in the Capital Fund from monies transferred from the Water Fund; and

WHEREAS, all the Capital Fund expenses have been satisfied; and

WHEREAS the remaining funds must revert to the Water Fund, the Village Treasurer wishes to amend the 2004-2005 Water Fund Operating budget effecting the following account;

Increase  002-0002.5033                     by    $ 11,214.75    (Transfer to Capital)
Decrease 003-8340.2019                     by    $ 11,214.75    (Well Field #04)


           Now, Therefore be it resolved that the Village Treasurer amend the 2004 - 2005 Water Fund and Capital Fund budgets to reflect these changes.

d. Authorizing Village Manager to sign proposal from Sal D’Onofrio for the revision of the Half Moon Bay and Discovery Cove assessments.  Due to outdated assessments for Half Moon Bay and Discovery Cove, they need to be revised.

On motion of  TRUSTEE Schmidt,  seconded by  TRUSTEE Kane,  the  
following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York on a 4-0-1 vote with Trustee Grant abstaining:

WHEREAS, the tax rates and capitalization rates used to do the original assessments for the Half Moon Bay Condominiums have become out of date; and

WHEREAS, the assessments for the Half Moon Bay Condominiums and Discovery Cover Condominiums will need to be revised; and

WHEREAS, the Village has asked Sal D’Onofrio for a proposal to complete this work; and

WHEREAS, for a cost of $4,500 Sal D’Onofrio will revise the 344 assessments and provide the data showing the determination for each unit,

NOW, THEREFORE BE IT RESOLVED:  that the Village Manager is authorized to sign the proposal with Sal D’Onofrio for the re-assessments of the Half Moon Bay and Discovery Cove units.
AND BE IT FURTHER RESOLVED: that this amount should be charged to account # 1355.400
AND BE IT FURTHER RESOLVED:  that the Village Treasurer is authorized to amend the 2004-2005 General Fund Budget as follows:

1.      Increase   001-1355.0400 by $4,500.00 (Assessor Account)
2.      Decrease 001-1990.0400 by $4,500.00 (contingent account)

Discussion:  Trustee Grant stated that Mr. D’Onofrio is doing it for the Town anyway so why is it costing us this amount.  Manager Herbek there is a whole process that is needed but it is a different process for the Village than for the Town and we don’t have the expertise.

e. Authorize Village Manager to pay for cost of replacement fence at Harmon Fire House.  The fence was required to be taken down during construction of Harmon Fire House.
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, when the Harmon Fire House was being constructed the Village required Mark Franzoso to take down his fence during construction; and

WHEREAS, after construction Mark Franzoso replaced this fence at this own cost; and

WHEREAS, the Village would like to reimburse Mark Franzoso for the cost of the replacement fence,

NOW, THEREFORE BE IT RESOLVED:  that the Village Manager is authorized to reimburse Mark Franzoso for $1,125.00, the cost of the replacement fence,
AND BE IT FURTHER RESOLVED: that this amount should be charged to account #3-341—0016.

f. Authorizing Village Manager to sign agreement with Historic Hudson Valley for the use of a portion of their lot at the dead-end of Hastings Avenue to be used as a staging area for the water-line improvement project.

On motion of  TRUSTEE Kane,  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 intends to begin its water-line improvement project for the Harmon area this fall; and

WHEREAS, the contractor will need a staging area for supplies, construction vehicles and equipment; and

WHEREAS, the Village desires to utilize a portion of the lot at the dead-end of Hastings Avenue which is owned by Historic Hudson Valley; and

WHEREAS, an agreement has been prepared between Historic Hudson Valley and the Village of Croton-on-Hudson; and

WHEREAS, this agreement has been reviewed by Historic Hudson Valley, the Village Manager, the Village Engineer and the Village Attorney,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the agreement with Historic Hudson Valley for the temporary use of a portion of their property known as Parcel 79.13-2-90.

Discussion: Trustee Schmidt asked if the neighbors have been contacted yet? Manager Herbek said not yet.  Trustee Schmidt asked if this was a replacement fence; he is concerned about the neighbors ending up with a permanent fence.  Manager Herbek replied that one neighbor will have this;  the fence is the key  to getting use of the property.

g. Adoption of a Findings statement with Regard to the Application for Special Use Permit by Something Good in the World.

. On motion of  Trustee Wiegman, seconded by Trustee Kane, the following statement of findings was adopted on a vote of 3-2-0 with Trustees Grant and Schmidt voting against the findings:

Findings

                1.      The building at 138 Maple Street is accessible to fire and police protection.  It is close to the Grand Street Firehouse and the Police Headquarters.   Moreover, police vehicles are regularly in the Upper Village area in which the building is located.

                2.      The building will remain essentially unchanged as will its lot size.  This will be a small school with a small student body.  For over two years the building has housed a licensed Group Family Day Care Center; the School will have about ten more children in attendance, an insubstantial number.  Nearby are other preschool facilities, nursery schools and Dobbs Park with available playground facilities.

                3.      The traffic on Maple Street is quite heavy.  However, the evidence before the Board shows that several thousand vehicles traverse Maple Street daily.  The school with no more than 24 students at a time will generate only a minute fraction of the existing traffic flow, and we find that it will not have a significant impact.  The drop off of children will be accomplished in a very few minutes.  Moreover, the school will enable the Village to seek school signage and a reduced speed limit.

                4.      The existing building, as already found, will be unchanged.  It has long stood on its present location and is fully compatible with neighboring buildings.

                5.      Inasmuch as new construction is not contemplated or required and the landscaping will remain substantially unchanged, the building and yard areas will continue to be compatible with adjacent land and structures.

                6.      The ecological and environmental assets of the site or adjacent lands will be unaffected and thus preserved.

                7.      Finally, the Board finds from the abundant and deeply impressive evidence of the applicant's directors and teachers and particularly the parents of current day care students that the school presents a unique educational opportunity for this community and meets a demonstrated need for a significant segment of this Village, as reflected by residents' sincere, eloquent statements at the two Village Board meetings at which this application has been considered.


Discussion:  Attorney Waldman stated that the Village Board must make some findings on the five criteria listed in Chapter 230-58.  After the last meeting and public hearing and the extensive public participation, he has drafted some findings which track the standards identified in the law.

Discussion:  Trustee Schmidt stated he doesn’t think that tonight was a significant number of Croton residents,  rather it was a significant number of people who attend the school;  he doesn’t have an issue with the quality or integrity of the school, rather the appropriateness of a school at this location and the appropriateness of the zoning variances given to the school; it sets a precedent which will cause future problems; we need to go into the code and rewrite the code to bring it up to date. He thinks the variance was a bad judgment.  He also believes the school does not have all the proper variances and they need to go back to ZBA for that.  He mentioned that things that were said in emails from Ms. Sarbin are not examples of integrity because they put the application in the realm of a political battle; he hopes he is not the one being referred to because he is the one who found the discrepancies.  Attorney Waldman stated the applicant has been notified and advised that they cannot operate a school unless that variance is revised.  The variance lacked one feature, that it seems clear from the record, was an oversight.  Trustee Schmidt asked how he could say it is an oversight when there are no minutes to read.  Attorney Waldman stated that the applicant made a correct application with the help of the Village Engineer, both for side yard and front yard setbacks.  The ZBA, in referring to the requirements in its resolution, spoke of the setback from the street so that at the moment it was making its decision, it was under a misapprehension. He understands they intend to go back as soon as possible. A Special Permit doesn’t supercede the variance or vice versa.  Trustee Schmidt stated that the one time it did become a political issue was when the Mayor went to the ZBA.  We should not influence other boards; that is our policy.   Mayor Elliott stated that he went to the ZBA to remind the ZBA what was in their purview and what was not.  Trustee Schmidt asked how the Board has looked into traffic and safety; any other business before us would have to supply a traffic study and the school should be required to also.  Mayor Elliott stated that this was a judgment.  Attorney Waldman has made a judgment based on evidence and comments presented and on personal evidence.  Trustee Schmidt said the Board should take into account the neighbors comments who raised the greatest objections to the situation there; did the residents get a notice for the second ZBA meeting?  Trustee Grant said she called the Village Engineering office and received the notice list for the second meeting.  Trustee Schmidt stated that we don’t know whether people receive them or not; it was imperative that these people receive these notices.  Trustee Kane spoke in favor of the application for the purpose of allowing a future application for speed controls on route 129.  Trustee Schmidt stated that the Board has not addressed the speed control issue for the public schools.  Trustee Wiegman stated that this was because the public schools are too far from the street. Trustee Schmidt stated that you don’t plop a business down in a neighborhood to accomplish something else.
Trustee Wiegman stated that on Sept 12, 2003 the ZBA passed a variance for the side yard. Trustee Schmidt stated this is irrelevant because the second meeting is the important one.  Trustee Wiegman stated that this fact indicates that the ZBA was considering it; this is also supported by his conversation with some ZBA members today.    Also, we have before us a small institution; it may find a different home with more space for more students in the future.  Trustee Wiegman said our determination is to look at the 5 criteria laid out in the Special Permit.  This proposed school is compatible with similar institutions near by; they are not asking for any change in the physical building;  the nature of a school was something very unusual for the ZBA to consider,  therefore the ZBA was  unsure of what it should consider for this; we asked them to consider what was in front of them; the ZBA made a decision based on scale.  Trustee Wiegman is also concerned about traffic volume and speed but the scale of the impact is modest; there may be other ways to accommodate or remedy this problem.  To the question of are we setting precedents so that every house could seek this type of variance – quite possibly – but Special Permits need to go through a very strenuous process to make their case;  that is why “one size fits all” doesn’t work here.  Trustee Wiegman provided some changes to the wording in the proposed resolution which was incorporated into the resolution. He commented that it is unusual to have renewal terms in Special Permits but in this case it seems prudent to see how the school evolves; he thinks this school deserves a chance.
Trustee Grant thanked Ms. Sarbin and the other professionals in the room for their courteous presentations; she would like to go that school; she applauds what they are doing.  Notwithstanding that, she is committed to listening to the people most directly affected, the people in the neighborhood.  She hopes the school stays forever as it is but can’t support this expansion; she feels it is an inappropriate space for a school of any kind.
Trustee Kane stated that choice is important in our community and this offers another choice.  


h.  Special Permit Application for Something Good in the World.

On motion of  TRUSTEE Wiegman, seconded by  TRUSTEE Kane,  the  
following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York on a 3-2-0 vote with Trustees Grant and Schmidt voting no:  

WHEREAS, Barbara Sarbin, on behalf of Something Good in the World, has applied for a Special Permit to operate a non-public school at 138 Maple Street, located in an RB district; and

WHEREAS, Section 230-9 of the Village Code requires that 3 acres be the minimum allowable lot size for the operation of a school and requires a street setback of 100 ft for an operation of a school; and

WHEREAS, although the facilities at 138 Maple Street do not meet these requirements the applicant has received a variance from the Zoning Board of Appeals granted on March 10, 2004 for the minimum lot size and street setback subject to certain conditions; and

WHEREAS, the Planning Board on May 26, 2004 issued a positive recommendation for the granting of a special permit to Something Good in the World subject to further conditions,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby approves the Special Permit for the operation of a school by Something Good in the World at 138 Maple Street subject to the following conditions:

1.      The number of students attending and present at school at any given time is limited to 24 on the premises at one time.
2.      The paper road adjacent to the premises will not be used to drop off or pick up children.
3.      The existing ingress/egress for the school, through the side yard into the fully enclosed backyard, will remain as the mandatory and sole entrance to the school for all parents and children.
4.      The proposed school at this location will not extend beyond second grade so that the physical size of the students can be reasonably accommodated without crowding in the existing building.
5.      The Special Permit is valid for the operation of a nonpublic school, as defined by the New York State Education Department (NYSED).  In the event the holder of the Special Permit files an application with the New York State Education Department or with the Board of Trustees of the State University of New York to become a charter school within the meaning of Article --- of the Education Law of the State of New York, the Special Permit shall be immediately null and void.
6.      The Special Permit shall have a term of three years, commencing on the approval date of this resolution and shall be renewable at the written request of the permit holder for subsequent terms of three years each.  The renewal request may be made at any time during the final year of the renewal term.  The permit holder may request a term longer that three years in the final year of the second term.

6. CITIZEN PARTICIPATION – NON-AGENDA ITEMS
a. Joanne Minett, Van Cortlandt Place ;  Ms. Minett said the Board is talking about putting signage for this school (SGW) and you have no signs for the PVC school.  She has been here for 5 years asking for signage.  What about the kids that walk up and down her block during and after school – what about them?  She has been telling you this for 5 years and you are going to give street signs for 10 additional students?
b.  Don Daubney,   Bungalow Rd.; The purchase of the Silverman property which straddles the Highland Trail which is part of the village’s trail system is a concern; this trail is an important part of our standard of living. The person who bought it has put up barriers across the trail and put up ‘no trespassing’ signs.  Mayor Elliott stated that the Board is aware of this and is seeing what can be done.  Mr. Daubney said he hopes that we could get a stay on this action by the owner so that people can continue to use the trail until the legality is determined.  On the mural on the Richard Albert wall; now there are trees are blocking the mural.  Maybe this is why people in this village are so unhappy with the people who run the village.  Mayor Elliott stated that this matter was taken up at a previous meeting and is being followed up with Mr. Albert and Ms. Samsel, the artist. Mr. Daubney also suggests that Riverside Ave. by Dom’s and Croton Commons be changed to 30 mph. Manager Herbek stated that this a state highway, the village does not have authority but they can ask NYDOT.
c.  DeborahMcCarthy, Truesale Dr.; Regionalism is her topic. She commends Trustee Grant and Trustee Schmidt for their vote on the school issue. Addressing Mayor Elliot, she stated that this pinpoints the problem is with him because he is a regionalist. Tonight when he heard Croton would be on the map you shook your head yes and that is because you are interested in regional goals.  This affects finances and imposes financial obligations that we wouldn’t have to assume otherwise. Ms. McCarthy stated the word ‘corrupt’ has been used in reference to this Board, and gave the dictionary definition.  Mayor Elliott objected to her characterization of the Board in this way.  Ms. McCarthy stated Mayor Elliott was not standing by the oath of office he took by protecting the community.
d. Guy Felixbrodt, 138 Maple; Mr. Felizbrodt thanked all the Trustees for their careful consideration,  no matter your vote; he knows it wasn’t an easy decision.
e. Maria Cudequest, 84 Grand St.;  She has another 150 signatures objecting to Metro Enviro; she will being them forward in the near future.

7. APPROVAL OF MINUTES:
        On a motion by Trustee Kane, seconded by Trustee Wiegman, the minutes of the Meeting of June 28, 2004 were approved as amended by a unanimous vote.



        On a  motion by Trustee Wiegman, seconded by Trustee Kane, the minutes of the  Executive Session of July 8, 2004 were approved without amendment by a unanimous vote.


        8. REPORTS:


Due to the lateness of the hour, Mayor Elliott by-passed the Reports section of the meeting.


The meeting was adjourned at 1:10 am by unanimous vote.


Respectfully submitted
Ann H. Gallelli, Secretary




__________________________
Village Clerk