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Board of Trustees Minutes 09-13-2004
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, September 13, 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-absent Trustee Kane
        
1. CALL TO ORDER:

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

2. APPROVAL OF VOUCHERS:

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                    $  41,090.82
                Water Fund      2,703.90                                        
                Capital Accounts        2,692.13
        Trust & Agency          1,444.80                
                        $  47,931.65

3.      CORRESPONDENCE:
Village Manager Herbek read the following correspondence (full text available at the Village Office):

a & b)  Letters from Robert Gaudioso, and  Cara Bonomola, Snyder & Snyder with notification of applications to co-locate wireless equipment in the Village of Ossining.

c)      A letter notifying that the Village is a winner of the first annual Greenway Visions in Planning Award.

d)      A letter from Sam Messina, NYS Dept. of State, determining that the maintenance dredging at Croton Yacht Club meets the Department’s general consistency concurrence criteria and no further review is required.

e) A letter from Ronald Cerniglia, NYS Dept. of Public Service regarding green power available to consumers in New York State.

f)      A letter from Mark E. Mannix, Director, Metro-North Government & Community Relations, regarding the discontinuance of their hotline; residents should now register complaints by calling 212 672-1290 or via email at www.mta.info.  Trustee Schmidt asked that this information be put on the Village’s website.  

g)      A letter from Ann Gallelli for the Planning Board regarding their review of proposed changes to the Town of Cortland’s Zoning Ordinance and some changes worthy of review for their applicability to Croton.

h)      A request from Carol Ann McOwen, Special Events Manager, National Multiple Sclerosis Society, to allow them to use the municipal parking lot on Sunday October 3, 2004.  Trustee Schmidt made a resolution to approve the request, with the usual caveats; seconded by Trustee Kane, approved unanimously.


CITIZEN PARTICIPATION Agenda items:
Susan Koenig, 37 Elmore, stated that she finds it inappropriate for Mayor Elliott to be accepting a Visions of Planning Award; if the Village is so strapped for cash that they have to make deals why are we borrowing nearly one million dollars to purchase property adjacent to the well fields.

Bob Wintermeir, 43 Radnor Ave., stated that regarding the item about Metro-North Railroad’s discontinuing their hot line; the feedback is that things have gotten much better.  Mr. Wintermeir also stated that Westchester County is using eBay to get rid of surplus equipment and Croton may consider using that venue.  Mr. Wintermeir suggested that when increasing fees at the daily parking lot, the Board should look at seniors getting some allowance.  Regarding property acquisition, Mr. Wintermeir asked why purchase this piece of property when Croton’s population has remained relatively the same; if this is town property a deal should be negotiated.  Mr. Wintermeir added that if the golf course is making consistent demands on the water supply, they should pay not the residents.  Mayor Elliott replied that the golf course paid for the well that was built.  Mr. Wintermeir stated that regarding the Metro-Enviro permit deal, the amount the Village is going to spend on the wellhead property is about the same amount of revenue that MetroEnviro will be giving the Village and this is another example of tax and spend philosophy; why is there a need for such a valuable acquisition.

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

WHEREAS, the Village routinely disposes of equipment which has been determined to be nonfunctional and no longer needed or useable by the Village; and

WHEREAS, the Village’s Central Garage Foremen/Mechanic, Martin Gariepy, has prepared a list of vehicles that are no longer needed by the Village,

NOW, THEREFORE BE IT RESOLVED:  that the Village Board of Trustees hereby declares the listing of vehicles in Mr. Gariepy’s memorandum of 8/12/04 to be surplus and the Village Manager is hereby authorized to dispose of these vehicles and equipment by auction, sealed bids or by other means of disposal at this option.
Discussion:  Trustee Schmidt stated that the 1999 Crown Victoria is not that old and questioned what happened to it.  Village Manager Herbek replied that he will get more information.

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

WHEREAS, the Village of Croton-on-Hudson, herein called the “Municipality,” after thorough consideration of the various aspects of the problem and study of the available data, has hereby determined that certain work, as described in its application and attachments, herein called the “Project”, is desirable, is in the public interest, and is required in order to implement the Project; and

WHEREAS, Article 56 of the Environmental Conservation Law authorizes State assistance to municipalities for water quality improvement projects by means of a contract and the Municipality deems it to be in the public interest and benefit under this law to enter into a contract therewith,

NOW, THEREFORE BE IT RESOLVED:  by the Village Board of Trustees that the Village Manager is the representative authorized to act in behalf of the Municipality’s governing body in all matters related to State assistance under the ECL Article 56, Title 3.  The Village Manager is also authorized to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the Board of Trustees in all matters related to the Project and to State assistance,
AND BE IT FURTHER RESOLVED:  that the Municipality agrees that it will fund its portion of the cost of the Project and that funds will be available to initiate the Project’s field work within twelve (12) months of written approval of its application by the Department of Environmental Conservation;
AND BE IT FURTHER RESOLVED:  that one (1) certified copy of this Resolution be prepared and sent to the Albany office of the New York State Department of Environmental Conservation,
AND BE IT FURTHER RESOLVED:  that this Resolution take effect immediately.
Trustee Wiegman stated that this is for the High Street improvement work

c)      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 current procedures and operations at the Village’s municipal parking lot at the train station have been assessed; and

Whereas, parking permit rates differ for residents, non-residents, preferred parking and as daily parking; and

Whereas, the current monthly parking permit rates are as follows: Village of Croton Residents $40.00. Non-residents $70.00, preferred parking $100.00 per month regardless of where residency, and  the daily parking rate is $4.00 per day or $80.00 per month; and

Whereas, based on the current rates, commuters that use the daily lot have no incentive to obtain monthly permits;

Now, therefore be it resolved: that the Board of Trustees of the Village of Croton on Hudson approves an increase in the daily parking fee from $4.00 to $5.00, effective October 1, 2004.

Trustee Schmidt stated that he thinks this needs more analysis and hopes Treasurer Zambrano comes back to the Board and report if it has the expected effect.

d)      On motion of Trustee Kane, seconded by Trustee Grant, the following resolution was
adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with the following vote:  Trustees Wiegman, Kane, Grant, Mayor Elliott “aye”, Trustee Schmidt “nay”.  

WHEREAS, a public information meeting was held on September 7, 2004 to inform the residents of a proposed settlement agreement with Metro Enviro; and

WHEREAS, at that meeting the Village Board of Trustees called for a Public Hearing to be held on September 27, 2004 to consider the proposed settlement agreement and the proposed terms of the renewed special permit; and

WHEREAS, the proposed special permit contains new conditions and provisions; and

WHEREAS, the Board must consider the environmental implications of issuing the renewal of the special permit; and

WHEREAS, the Village Board has received part 1 of the Long Environmental Assessment Form from Metro Enviro; and

WHEREAS, the Village staff has completed part 2 of the Long Environmental Assessment Form,

NOW, THEREFORE BE IT RESOLVED:  that the Village Board of Trustees declares itself Lead Agency with respect to this matter,

AND BE IT FURTHER RESOLVED:  that the Village Board of Trustees authorizes the circulation of the Long Environmental Assessment form to the Westchester County Planning Board, the Village Planning Board, and the New York State Department of Environmental Conservation,
AND BE IT FURTHER RESOLVED: that the Village Board will consider the action to be taken with respect to this matter at its meeting on September 27, 2004.
Discussion:  Trustee Kane stated that they are seeking information from the DEC, the Westchester County Planning Board and the Village Planning Board.  Trustee Grant added that the first part was initiated by Metro-Enviro and the 2nd part was completed by the Village; it was determined that there was likely to be public controversy related to potential adverse environmental impact, an information gathering action is being requested by the Village.  Trustee Wiegman referred to specific questions and answers given in the document.  Village Manager Herbek added that there are two changes: one is a spelling change on page one and on page 5 the number of proposed parking spaces was changed to 15.  Trustee Schmidt questioned some wording of questions and suggested changes; he asked about question 18  and how the Village came to  reply “no”  to that.  Village Manager Herbek replied that Mr. Gerrard answered in consultation with Malcolm Perney and Allie King, environmental consultants, who have examined the property.

e) 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, on August 9, 2004 the Village Board called for a Public Hearing to be held on September 27, 2004 to consider Local Law Introductory No. 6, Updating the Zoning Chapter of the Village Code; and

WHEREAS, on September 7, 2004 The Village Board called for a Public Hearing to be held on September 27, 2004 to consider Metro Enviro’s special permit renewal application; and

WHEREAS, there is considerable public interest regarding both of these topics and the Public Hearings will most likely be of lengthy duration,

NOW, THEREFORE BE IT RESOLVED:  that the Village Board hereby cancels the Public Hearing called to consider Local Law Introductory No. 6 for September 27, 2004 and reschedules it for October 12, 2004 at 8 pm in the Meeting Room of the Stanley H. Kellerhouse Municipal Building.

f)      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 has the opportunity to purchase the land adjacent to its well fields; and

WHEREAS, the acquisition of this property would increase the size of the well fields by approximately 25-30%; and

WHEREAS, the acquisition of this property would provide a greater protection of the Village’s well fields and facilitate the possibility of adding an additional well; and

WHEREAS, Section 223-22-B(1) of the Village Code – Specific Regulations for Zone 1 states that:  All land shall be protected and controlled through direct ownership of the land or through the acquisition of protective easements or other appropriate measures by the owner of the water supply in order to prevent pollution of the ground or groundwater;” and

WHEREAS, the value of the property has been determined to be $950,000 to be funded by the Water Fund as follows: $95,000 from the Fund Balance Account and the balance of $855,000 from borrowed funds, and

WHEREAS, the $855,000 Bond issue will be paid in its entirety by the Water Fund within the stipulated time allowed by the Municipal Finance Law,

NOW, THEREFORE BE IT RESOLVED: that the Village Manager is authorized to sign the contract for the acquisition of the property with parcel numbers 68.14-5-001 and 68.14-5-002.  
Discussion:
Trustee Schmidt stated that a question about location of the well field from the audience needs to be clarified.  Village Manager Herbek replied that the area is south of the wellfield directly adjacent to the building that houses the water dept. office; it does help protect the well fields and is in the wellhead protection zone; it is in the best interest of the Village to purchase this property to protect it from possible further development and having septic systems that close to the well field; the Village does not need a well right now, but wells have a certain life span and this allows a larger area for future development; it is quite important to protect the well fields for the future.  Village Manager Herbek added that there is a need to look 15 or 20 years down the road and they may be criticized if the Village did not purchase this property when the opportunity arose.  Trustee Kane added that this will add a thousand feet of shoreline that Croton will own.  Trustee Wiegman added that the two parcels are being purchased from a private property owner and, therefore, the Village will be buying the rest of the island; the river gorge is bedrock on each side and about half full of gravel; this gravel allows the aquifer water to trickle through where the existing wellheads are.  Trustee Schmidt added, however, that it does end up being closed off the public because of the close proximity to the well fields.

6.  Citizen Participation – Non agenda items
a)      Richard Pellicci, 65 Radnor, stated that he is surprised at the concern about the well fields after the Village has dumped there.  Village Manager Herbek replied that he takes strong exception to that comment; the Village did not dump there or bury anything there.  Mr. Pellicci asked if he could get a copy of the EAF and a copy of the proposed deal before the Public Hearing. Village Manager Herbek replied that this information will be on the Village’s web site on Wednesday.
b)      Bob Wintermeir, 43 Radnor, asked about the wellfield purchase-where is all this money coming from?  Village Manager Herbek replied that it was not in the budget; they didn’t know about the availability of the property when the budget was approved; it will be paid for over 15 yrs from the Water Fund.  Mr. Wintermeir referred to an article in the Gazette about a $40,000 gift from the Village to Croton-Harmon School District; this money ends up in wrong bucket, residents end up paying for it and those outside the Village get the benefit.  Village Manager Herbek replied that they have looked at the debt limit recently; many municipalities have a debt balance much greater than Croton; the Village is in good financial position.  Mr. Wintermeir replied that he spoke with Domenic who said that the parking lot is a gold mine, but Mr. Wintermeir does not believe the Village is making a large amount of money from the parking lot.


7.      APPROVAL OF MINUTES:

Trustee Kane made a motion to approve the minutes of the Regular Board Meeting held on July 19, 2004 as corrected.  Trustee Schmidt seconded the motion.  The Board voted unanimous approval.

Trustee Kane made a motion to approve the minutes of the Regular Board Meeting held on August 9, 2004 as corrected.  Trustee Schmidt seconded the motion.  The Board voted unanimous approval.

Trustee Wiegman made a motion to approve the minutes of the Executive Session held on August 12, 2004.  Trustee Kane seconded the motion.  The Board voted unanimous approval.

Trustee Grant made a motion to approve the minutes of the Special Meeting held on August 16, 2004.  Trustee Wiegman seconded the motion.  The Board voted unanimous approval

Trustee Schmidt made a motion to approve the minutes of the Special Information Meeting held on September 7, 2004 as corrected.  Trustee Wiegman seconded the motion.  The Board voted unanimous approval


7. REPORTS:
Village Manager Herbek reported that on Saturday there will be a combination exercise with a group of volunteers involved with setting up an emergency shelter at CET school using Cortland’s disaster supply trailer; the public is invited to stop by.  He added that on Thursday, the Visions in Planning award ceremony will be held at 1:30; the NY Secretary of State, Randy Daniels, will be here presenting the award and the public is welcome

Trustee Wiegman reported that tomorrow is primary day; vote from 6 am to 9 pm at your neighborhood polling place.  He reported that the Croton Council for the Arts wants to hang a banner for a festival in the fall and needs to know what lead time is required. Trustee Wiegman reported that the Village is looking at an energy consumption survey and wants to know if the Treasurer needs any additional help.  Treasurer Zambrano replied that he will have most of the information shortly.  Trustee Wiegman stated that he received a question from a resident regarding the Allied permit renewal asking if the Village’s bargaining position would be better now or later on if following the court of appeals route.  Trustee Wiegman stated that it does appear that Allied is trying to manage its business well and may have a business reason to not incur the additional expense of going through the court of appeal process when they may lose anyway; their motivation to reach an agreement may have more to do with running their business as a reason to settle now.

Trustee Kane reported that he attended the Rotary car show at the station yesterday and hopes they made a ton of money; it was well attended and a great event.

Trustee Schmidt reported that they have been doing the car show for 20 years and hopefully made some money.  Trustee Schmidt apologized to the firemen that he did not make inspection yesterday as he was tied up at the car show.

Trustee Grant stated that the Village’s web site is going to have the financial chart and the narrative from Mike Gerrard’s presentation; everyone should become very informed, it is important to understand the facts and make your own decisions.  Trustee Grant urged residents to call any one on the Board with questions; the web site is an excellent website and very interactive.  Trustee Grant reported that recently she was with about 20 people and asked if they knew what to do if sirens go off; not one person knew what to do; she is not sure anyone knows what to do; it would be a good exercise is to go through procedures with the emergency planning team; it is time to get going with the education.  Village Manager Herbek replied that it is a good subject for a community forum; they have put together a lot of information going through this feasibility process.  Trustee Grant stated that she offered Trustee Wiegman’s expertise on how to save energy to the Journal Newspaper for a citizen’s panel.

Mayor Elliott offered congratulations to the Fire Department for their fine inspection yesterday. Mayor Elliott reported that Croton has won a national award from the Dept. of Energy/EPA for putting together the municipal buyers’ group for wind energy.

Trustee Wiegman made a motion to adjourn.  Trustee Kane seconded the motion; approved unanimously.  The meeting was adjourned at 9:25 pm


Respectfully submitted,

Phyllis A. Bradbury, Secretary


Village Clerk