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Board of Trustees Minutes 08-09-04
Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday Aug. 9, 2004 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.

The following officials were present:

        Mayor Elliott                           Trustee Grant
Village Manager Herbek          Trustee Wiegman
        Treasurer Zambrano                      Trustee Schmidt
Village Attorney Waldman                Trustee Kane

Mayor Elliott called the meeting to order at 8:05 p.m.  Everyone joined in the Pledge of Allegiance.

Trustee Kane made a motion to approve the vouchers as follows, subject to review by the Audit Committee.  The motion was seconded by Trustee Wiegman and approved unanimously.

                General Fund                    $ 88,277.80  
                Water Fund      2,064.26                                
                Capital Accounts        132,435.59
        Trust & Agency    8,700.26              

Five Village employees were presented with a Certificate of Public Service from the Conference of Mayors.  Rick Herbek, Village Manager, has completed 25 years of service. Croton Natives Carmen Smith, Computer Operator, 25 years; Ed Walsh, General Foreman, DPW, 30 years; Peggy Keesler, Village Clerk, 30 years; and Police Chief Dennis Coxen, 35 years of service to the Village.

Village Manager Herbek read the following correspondence (full text available at the Village Office):
The 24th Annual Harry Chapin Run will be held on October 17th; Walter Gillis, Director is asking for a permit for this event.  Trustee Schmidt made a motion to grant approval with the usual caveats; second by Trustee Kane, approved unanimously.
A letter from Dvirka and Bartilucci enclosing their July 2004 Storm Water Management Plan; a work session on this will be held on Oct 4th.
An update from Ann Gallelli, Planning Board Chair, regarding 18 wheeler deliveries at CVS.  Trustee Schmidt stated that part of the discussion was to have deliveries at different times, but this does not seem possible and there is only one truck delivery a week.
A letter from the Town of Cortlandt enclosing a Legal Notice of Public Hearing on zoning changes.  Trustee Schmidt stated that hopefully we will be looking at these changes in relation to Croton’s changes
A copy of the Legal Notice calling for a Public Hearing on the proposed Wetlands Ordinance for the Town of Cortlandt to be held on August 17, 2004 at 7:30 p.m.
A letter from Erin Crotty, NYS Dept. of Environmental Conservation, regarding Water Quality Improvement funding from the State appropriation; funds must be used for the High Street drainage system.

CITIZEN PARTICIPATION:-agenda items – no speakers


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

WHEREAS, the Treasurer wishes to open both sides of the General Fund budget to cover the cost of compensated absences, amending the 2003-2004 General Fund budget effecting the following accounts; and

Increase  1-1110.0100.  by  $   15,460.90   (Compensated Absences)
Increase  1-1230.0100.  by  $   23,245.38   (Compensated Absences)
Increase  1-1940.0400.  by  $ 213,356.36   (Property Acquisition)
Increase  1-1325.0100.  by  $   11,236.38   (Compensated Absences)
Increase  1-3120.0100.  by  $   11,965.04   (Compensated Absences)
Increase  1-9030.0800.  by  $     3,838.28   (F.I.C.A.)
Increase  1-9031.0800.  by  $        897.66   (MEDICARE)
Increase  1-0001.1120   by  $  120,000.00    (Sales Tax)
Increase  1-0001.1130   by  $    20,000.00    (Utilities Gross Tax)
Increase  1-0001.1170   by  $    10,000.00    (Cable TV Gross Tax)
Increase  1-0001.1730   by  $    80,000.00    (Daily Parking Sales)
Increase  1-0001.2001   by  $    40,000.00    (Recreation Fees)
Increase  1-0001.2122   by  $    10,000.00    (Sewer Hookup Fees)

NOW THEREFORE be it resolved that the Village Treasurer amend the 2003 -2004 General Fund budget to reflect these changes.

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

WHEREAS, the Village Board intends to dredge the marina at the Croton Yacht Club; and

WHEREAS, the Village Board has submitted the NYS DEC and United States Army Corp of Engineers Joint Application for permit, and completed the Federal Consistency Assessment form and Full Environmental Assessment Form; and

WHEREAS, on April 7, 2004 the Village Board authorized the circulation of the above documents to all interested parties and declared its intent to become lead agency; and

WHEREAS, The Village Board also referred this matter to the Waterfront Advisory Counsel and the Water Control Commission for their review and comment; and

WHEREAS, the Village Board received favorable comments back from those agencies on June 11, 2004; and

WHEREAS, no agencies have come forth to serve as lead agency,

NOW, THEREFORE BE IT RESOLVED:  that the Village Board of Trustees declares itself lead agency for this action,
AND BE IT FURTHER RESOLVED: that the Village Board, after reviewing the criteria for determining significance as identified by the State Environmental Quality Review law, has determined that the identified adverse environmental impacts will not be significant,
AND BE IT FURTHER RESOLVED: that the Village Board of Trustees hereby adopts the negative declaration with respect to this action.
Discussion:  Trustee Schmidt asked if this is all the approvals needed and are we on time.  Village Manager Herbek replied that a number of changes occurred at the state agency and the Village is playing a waiting game with the DEC; he will contact them; but would like to do this project in the fall.

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

WHEREAS, the Senasqua Park bathhouse has been identified as needing renovation; and

WHEREAS, plans and specifications for this project have been designed by Neil Carnow, Architect; and

WHEREAS, Six construction companies picked up and reviewed the bid packages; and

WHEREAS, only two bid proposals were received; and

WHEREAS, after reviewing with the Recreation Superintendent the Village Engineer recommends that the Village award the bid to the low bidder, Marquise Construction Corp at the cost of $130,000,

NOW, THEREFORE BE IT RESOLVED:  that the Village Manager is authorized to award the bid to Marquise Construction Corp for the amount of $130,000,
AND BE IT FURTHER RESOLVED: that this amount should be charged to capital account #3-7140-200-0102-69
AND BE IT FURTHER RESOLVED:  that the Village Treasurer is authorized to amend the 2004-2005 General Fund Budget as follows:

1.      Increase   3-7140-200-0102-69 by $21,423.84 (Senasqua Park Bathhouse Capital Account)
2.      Decrease 001-1990.0400 by $21,423.84 (contingent account)

Discussion:  Trustee Schmidt noted that this went over bid.  Village Manager Herbek responded that it did a little bit; not surprising due to cost of construction; the next bid is $50,000 higher.  

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

WHEREAS, the on-line access to Westchester County land records is now available to municipalities; and

WHEREAS, this service would greatly increase the efficiency of the Village Engineer’s Department and Village Finance Department; and

WHEREAS, this is a free service being offered by the County,

NOW, THEREFORE BE IT RESOLVED: that the Village Manager is authorized to sign the intermunicipal agreement with Westchester County whereby the County will issue free logins to certain Village employees enabling access to the County’s land records.

e)      On motion of  TRUSTEE Kane,  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, after the Comprehensive Plan was adopted in January 2003, the Village Board asked the Committee to work on zoning updates that would provide the regulatory framework for the village to accomplish the goals set out in the plan; and

WHEREAS, the Comprehensive Plan Committee; in conjunction with the Village’s consultant, Buckhurst Fish & Jacquemart prepared a Phase I Report of corrective code revisions which was submitted to the Village Board on July 19, 2004; and

WHEREAS, the Village Board has referred this report to the Planning Board for its comment and review; and

WHEREAS, the Village Board must consider the environmental impacts of adopting the corrective code revisions; and

WHEREAS, Village’s consultant has prepared an Environmental Assessment Form on behalf of the Village Board of Trustees,

NOW, THEREFORE BE IT RESOLVED: that the Village Board declares its intent to serve as lead agency for this action and authorizes the circulation of the EAF to all interested parties,
AND BE IT FURTHER RESOLVED:  that the Village Board of Trustees calls for a Public Hearing to consider Local Law Introductory No. 6, Updating the Zoning Chapter of the Village Code, at 8 pm at the meeting room of the Stanley H. Kellerhouse Municipal Building on September 27, 2004.
f)      On motion of  TRUSTEE Grant,  seconded by  TRUSTEE Schmidt,  the  following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:
RESOLVED: that the Village of Croton-on-Hudson, New York elects to participate in the Westchester County EMS Mutual Aid Plan, will agree to recognize a call for assistance through the Westchester County Emergency Communications Center (60-Control) and will comply with the provisions of such plan as now in force and as amended from time to time.  The provider further agrees not to bill the requesting emergency service agency, requesting community (i.e. city, town or village), or the County of Westchester for services rendered.

And be it further resolved that a copy of this resolution be filed with the county EMS and CAD coordinators.

7.  Citizen Participation-Non-agenda items:
Maria Cudequest-84 Grand St. stated that David Goldman spoke at a recent meeting about Croton’s long association with waste disposal; another side is the association of the waste industry with organized crime.  Ms. Cudequest displayed and referred to a chart showing waste studies.
Bob Wintermeir asked about the liability of the Village allowing the use of facilities such as Dobbs Park by businesses and non-residents; some park signs say ‘for residents only’; perhaps these signs should be removed.  Mayor Elliott replied that the liability should be the same for residents and non-residents; any community organization is encouraged to use the facilities; a large number of people attending Croton-based organizations are not residents; Mr. Waldman will look into this.  Trustee Schmidt stated that at issue is not about residents bringing along non-residents, but he just wants residents to be protected; doesn’t want non-residents to take over public parks; businesses should be permitted to use facilities with a fee schedule or permit; the Village Attorney  should look at all groups using facilities including a community group vs. a business.  Trustee Grant added that Mr. Waldman might look into the wisdom of taking down these signs.  Trustee Wiegman stated that this is probably an area that the Village should not delineate to the letter of the law; many residents in the area are members of groups and do actively use the Municipal Building for meetings and this is a good thing; should not create prohibitions when there is a vitality in the Village for many programs who need a home.  Village Attorney Waldman stated that he will look at the legal aspect of liability if non-residents’ use of parks.
David Goldman, 76 Young Avenue, stated that the Village should not make a deal with MetroEnviro before the final ruling; he heard the Village may purchase part of the MetroEnviro land for DPW use; he feels that the Village should not have employees working there.  Mayor Elliott stated that when all the facts are in, they will disclose all in a Public Hearing.  Mr. Goldman stated that minutes are required for Executive Sessions within one week of the session.  Trustee Grant stated that the Board has not met with MetroEnviro, the attorneys have.  She added that she is not now nor has been a supporter of MetroEnviro; however, she has said they must be heard and are entitled to fair and equitable treatment just like anyone else.
Richard Pellicci, 65 Radner, asked if the lawyers are working on a deal.  Village Attorney Waldman replied that everyone has gotten public documents and no decision will be made by the attorneys; the Board will be presented with the details.
Susan Koenig, 37 Elmore, stated that she doesn’t understand why special permit applications are coming in when this facility was supposed to be closed on July 15th and it is still not done; no deals for MetroEnviro.
Jim Moore, 56 Irving Ave., asked Village Manager Herbek for his opinion of what is going on with MetroEnviro.  Mr. Herbek replied that he will not express his opinion at this time bound by advice of special counsel.
Rich Lee, 82 Grand St. stated that no deals should be cut for MetroEnviro to stay in Croton and there are inconsistencies in the story.

Approval was held over to next meeting to give additional time to review the minutes of the Regular Board Meeting of July 19, 2004.

Trustee Kane made a motion to approve the minutes of the Special Board Meeting of July 26, 2004 as corrected.  Trustee Wiegman seconded the motion, approved with two abstentions from Trustees Schmidt and Grant.

Village Manager Herbek reported that 1) the Village received a letter thanking them for the donation of the 1975 fire truck to the Fire Academy in Montour Falls, NY and it is being used for classes.  2) he is working with a number of agencies for a disaster and supply trailer exercise; the Town’s DES facility will be set up at CET school on September 18th and they will be setting up a mock shelter operation in the Croton school; he has met with the school superintendent; the Red Cross is also involved; the trailer was purchased by the Town but they will allow the Village to use it.  3) he attended a meeting this morning regarding the Westchester Riverwalk Project involving the Beaverkill property which is now owned by the Village; they project this  to be completed in 2005; they may be able to use dredged material from the Yacht Club property.

Trustee Wiegman reported that they have begun a Village energy survey with staff members; the NY Power Authority has informed them that the Village and all municipalities’ bills may be up by 10%-15% next year; the price of natural gas has more than doubled in the last few years; an assessment report will be put together.
Trustee Kane stated that there was a recent gasoline spill from Rt. 9A in Ossining that went into the river; the shoreline was still black and he doesn’t believe the DEC has notified the Village about the cleanup.  Village Manager Herbek will look into this.

Trustee Schmidt stated it was fortunate that it was not home heating oil; he looked at the area and it did look pretty clean and people were fishing.  He added that the Rotary Car Show is scheduled for September 12th.

Trustee Grant asked that a meeting be scheduled with Village Manager Herbek and Chief Coxen to detail the emergency planning.  Village Manager Herbek replied that there has been a group formed that is working on the Hazard Mitigation Plan; all key people are working on this for fires, bad storms, spills and every possible hazard that may confront the Village; they will make this information available through a presentation to the Board and the community.
Trustee Grant stated that houses and real estate prices in the Village have consistently risen in the past several years; notwithstanding MetroEnviro and trucks in the Village, it is not a dusty, dirty community but a wonderful place to live.
Trustee Wiegman made a motion to adjourn.  Trustee Schmidt seconded the motion; approved unanimously.  The meeting was adjourned at 9:30 p.m.

Respectfully submitted,

Phyllis A. Bradbury, Secretary

Village Clerk