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Board of Trustees Minutes 10-25-2004
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, October 25, 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


Mayor Elliott called the meeting to order at 8:07 pm.  Everyone joined in the Pledge of Allegiance.


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

General Fund            $ 50,107.80
Water Fund                   1,716.02
Capital Fund                  19,428.36
Trust & Agency              0.0
Total                           $  71,252.18


a)      Mary Donnery, Director, Croton Free Library, re: request for help with hanging banner advertising Book & Bake Sale. The sale is on November 21st.

Discussion:  Trustee Wiegman pointed out that there are several banners to be coordinated with regard to the dates for putting them up and taking them down.

b)      Linda Puglisi, Supervisor, Town of Cortlandt, re: Veteran’s Day Ceremony. Ms. Puglisi invites the Village to attend the Town’s ceremony on November 11th at 12:30 pm at the Michael Mongero Park.

c)      Cara Bonomolo, Snyder & Snyder, re: Sprint Spectrum application to Town of Cortlandt.  The proposed location is 742 Albany Post Road, Cortlandt Manor, NY.


Maria Cudequest, 84 Grand St. Ms. Cudequest asked what environmental laws were being considered in resolution (d) later in this meeting.  Manager Herbek stated that the resolution included work on  amendments to the chapters on environmental compliance, SEQR, excavation, steep slopes, trees, wetlands and watercourses, among others as well as the incorporation of all the storm water regulations with which the village is required to comply. She asked if the Village could list the specific chapters on its web site.


a)      Budget Amendment, re: Senasqua Park Bathhouse project.

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

WHEREAS, the Board of Trustees approved a resolution on August 9, 2004 to award a contract to renovate the Senasqua Park Bathhouse, and

WHEREAS, said contract was awarded to Marquise Construction Corp; the lowest bidder, and

WHEREAS, because the contract amount was over the budgeted amount, the Board of Trustees also approved a transfer from the General Fund contingent account for the project, in the amount of $21,423.84, and

WHEREAS, the Village holds in its Trust & Agency Parklands Account funds which can be used for the purpose of purchasing and or improving parkland; and

WHEREAS, in order to make better use of public funds, the Board of Trustees would like to use the funds from the Trust & Agency Parklands Account instead of the contingent account,

NOW, THEREFORE BE IT RESOLVED: that the Village Treasurer is authorized to amend the 2004-2005 Budget as follows:

1.      Decrease 005-0005-0037 by $28,664.88 (Trust & Agency Parklands Account)
2.      Increase 003-7140-0200-0102-0069 by $28,664.88 (Senasqua Park Bathhouse Capital Account)
3.      Increase  001-1990-0400 by $21,423.84 (Contingent Account)
4.      Decrease 003-7140-200-0102-0069 by $21,423.84 (Senasqua Park Bathhouse Capital Account)

Discussion: Trustee Schmidt asked why the dollar numbers in the transfers don’t match.  Treasurer Zambrano stated that it was because the original amount was less than the final cost.  Trustee Grant asked how much is due to escalation in construction costs?  Manager Herbek reminded the Trustees that there had been an option to build a public bathroom which they didn’t opt to do; it came in pretty much as anticipated but some change order items were added to the project; these were judgments made by the architect and Susan Menz, Recreation Superintendent, in their recommendations. Trustee Kane asked where the funds come from.  Treasurer Zambrano said these are recreation fees that are paid as part of subdivision approvals.

b)      Budget Amendment, re: Radio Communications building.

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 Board of Trustees approved a resolution on July 17, 2004 to award a bid to the lowest bidder for a prefabricated radio communications building for the fire department; and

WHEREAS, said bid was awarded to Kintronic Laboratories Inc for the amount of $38,276.00; and

WHEREAS, the Village Engineer has requested additional funds in the amount of $21,000 to cover project deficits and the expenses for shipping and other changes in the amended contract , as well as anticipated costs of landscaping, electrical work, and concrete work,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees approves the signing of an amended contract with Kintronic Laboratories Inc. that includes the cost of extras for field conditions and shipping cost.

AND BE IT FURTHER RESOLVED:  that the Village Treasurer is authorized to amend the 2004-205 General Fund Budget as follows:

1.      Increase 003-3410-0200-0304-0100 by $21,000
2.      Decrease 001-1990-0400 by $21,000 (contingent account)

Discussion: Trustee Schmidt stated this was a big change from what was anticipated and he hopes the Village will do better in the future.

c)      Budget Amendment, re: Washington Engineer Firehouse walkway replacement.

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 Fire Department has requested that funds in the amount of $7,098.38 be transferred from account number 001-3410-0460 to Capital Fund Account 003-8660-2003 to cover the expenses related to the Washington Engine Firehouse walkway replacement; and

WHEREAS, the necessary walkway replacement work will be performed by Acoccella Contracting, Inc. under the agreement of the Sidewalk Improvement Program,

NOW, THEREFORE BE IT RESOLVED: that the Village Treasurer is hereby authorized to make the necessary budget transfer to cover the cost of the improvement as necessary.

Discussion:  Trustee Schmidt asked where the money was coming from. Treasurer Zambrano said it was from the Fire Dept. budget and is being transferred to a capital account. This was anticipated.

d)      Authorizing Village Manager to award proposal to Frederick P. Clarke for environmental amendments to the Village Code.

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

WHEREAS, the Village issued a Request for Proposal for environmental review relating to certain chapters of the Village Code and to prepare a local law for Stormwater Management ; and

WHEREAS, three proposals were received from Kirkland & Ellis, the Elias Group; and a combined proposal from Frederick P. Clark and Wormser, Kiely, Galef & Jacobs LLP; and

WHEREAS, the Planning Board Chair and Village Engineer have reviewed these proposals and believe that Frederic P. Clark and Wormser, Kiely, Galef & Jacobs are best suited for performing the work required; and

WHEREAS, the Village has utilized Frederick P. Clarke over the years and has been satisfied with their work,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to accept the proposal from Frederick P. Clarke and Wormser, Kiely, Galef & Jacobs for the updating and preparation of environmental regulations amending the Village Code.

AND BE IT FURTHER RESOLVED: that $34,000 should be charged to account #8020.400
AND BE IT FURTHER RESOLVED:  that the Village Treasurer is authorized to amend the 2004-2005 General Fund Budget as follows:

1.      Increase   8020.400 by $34,000 (Planning)
2.      Decrease 001-1990.0400 by $34,000 (contingent account)

Discussion:  Trustee Schmidt asked if it is anticipated that this amount is going to be enough.  Manager Herbek stated that he expected more meetings than in the proposal but the project will probably span two fiscal years.  Trustee Grant stated that just three firms responded.  Manager Herbek said the RFP was sent to 9 firms; the combination of Frederick P. Clarke and Wormser, Kiely & Galef will likely work very well.  Trustee Wiegman said it makes sense to do this holistically.


Maria Cudequest, 84 Grand St.   A discovery was made last week about loads of Industrial Waste being delivered to various locations and she will have the information in the days ahead. All transfer stations are required to submit NYS reports on what is taken in, what is sent out and where to; she received a report on the Mt. Kisco facility receiving industrial waste from both Englehard and another company she did not identify; Croton residents must wonder if they got some of this too. Special Counsel Gerrard’s legal briefs said Metro Enviro had trouble with full disclosure; the receipt of the Englehard waste took place over a very long time; she has submitted a FOIL request to the County to get all annual reports from Metro Enviro and its former owner.  Metro Enviro should not be permitted to remain in Croton. Ms. Cudequest asked about the status of her 10/12/04 FOIL request?  Manager Herbek asked which one it was.  She submitted a copy of it and he replied that the documents that the Village has were put in the mail today.  Ms. Cudequest stated she did not request documents – just inspection. Manager Herbek stated that the Village responded today as best as possible.  She stated again that she didn’t ask for documents, she wanted inspection first; reminded everyone that under NYS law they have 5 days to respond to a FOIL request.   Manager Herbek said Ms. Cudequest was taking up a large amount of staff time with her FOIL requests. Ms. Cudequest said that it was not her problem, it is the state law; also asked if any staff or officials have met with Allied representatives.  Mayor Elliott stated that there has been no change since the last time the question was raised.  She asked if this is status quo, can she verify that the Trustees are still waiting for counsel; it has been a month. Mayor Elliott stated that when the Board reached a decision, it would be provided.  Ms. Cudequest asked what was meant by ‘when and if’, as stated at the last meeting.  On Sept. 7, Special Counsel Gerrard said the Settlement information was being sent to the County as a courtesy – has the County responded?  Manager Herbek said not his knowledge. Attorney Waldman said nobody here knows of any being received and nobody knows if Mr. Gerrard has received a response or not.

Robert Wintermeier, 43 Radnor Ave. He has 3 items -  (1) he is against the Metro Enviro deal;  suspects one will be made; he referred to his 26-page ‘litany’ about the deal;  not a good deal.  Assuming that the Village Board may make a deal with Metro Enviro, he is concerned with one aspect – the acquisition of the Metro Enviro property; what would it be worth.  He has heard various numbers and did a spread sheet analysis with differing rates of interest; his conclusion is that it makes very little difference what the rate is – remains fairly constant;  key thing is that if  the Village does acquire it, the impact on taxes will be between 2 and 6% depending on sale price. He thinks it is a good deal; he provided the spread sheets he did.  (2) The Village is now engaged in a law suit  in regard to the Gateway area; errors were made by the Comprehensive Plan which he had said would lead to legal consequences.  (3)  resolutions – he is totally lost on what the Village is doing when we end up with bids that fall short;  $50k is down the drain because the Village didn’t do the estimating properly.

Richard Pellicci, Radnor Ave. His comments are on the Striclin Realty law suit against the Village; the Village could change zoning for this site but not for other sites such as the Metro Enviro site – it is not comprehensible. Regarding the property near the well fields – have taxes been paid?  Attorney Waldman stated that the taxes have been paid; the seller has to pay delinquent taxes at the closing.

Susan Konig, 37 Elmore – She hopes the camera captures how Mayor Elliott and Attorney Waldman and Manager Herbek look at each other every time a Metro Enviro question is asked.  People want to know what is going to happen with Metro Enviro; want to be in on it.  She is just an average person; not out looking for checking for Metro Enviro related events; gave example of a recent experience where she followed a truck exiting Metro Enviro with MW initials from Connecticut and got its license number; much grit was coming off it even with a tarp on it.  She was not stalking trucks leaving Metro Enviro; could a Croton Police car give tickets?

David Goldman, 76 Young Ave. – Village trees are planted with mounds a foot high which causes deterioration of these trees; cited examples of trees planted by private developers; it is not a good thing for trees. Mayor Elliott said the Village is very careful about the types of trees planted and where; don’t just plant one type so a disease cannot wipe them out.  Mr. Goldman asked if copies of the recent local rezoning law proposal are available in the library?  Mayor Elliott said yes and in the office and on the website as well.  He asked about zoning to LI for the Metro Enviro site; Mayor Elliott said it has always been a LI industrial zone. Mr. Goldman asked why doesn’t the Village change LI uses to eliminate all potential uses of the zone?  Trustee Schmidt stated that what Mr. Goldman was asking was why not just change LI to something else.  Mr. Goldman said he didn’t understand why Metro Enviro could not be rezoned now to something else.  Trustee Grant said a concern is that a ‘clean’ company could come in and claim a grandfathered use for the site.  Mr. Goldman asked if the Board has met as a group to discuss this. Trustee Wiegman said the Board has been exchanging questions with each other since that time but haven’t met since that time for the purpose of discussing the Metro Enviro matter. Mr. Goldman said he didn’t hear what the Board thought about the information provided on the 27th.  Trustee Grant stated that she has talked and listened to numbers of people since that time; she has been considering since that time but they have not met as a board.  Mr. Goldman said a lawyer usually works at a Board’s direction so he would assume that Mr. Gerrard is getting some direction from the Board; he assumes there is some negotiation going on.  Trustee Grant said she thought Metro Enviro understands that the Board is thinking about what they’ve heard.

Anne DiCioccio, Irving Ave.- Ms. DiCioccio asked if the Board had any idea how it looks to follow this huge Public Hearing with all the subsequent silence; would it hurt to say what it going on; a progress report would be of interest.  What is going on – is there progress – is anything happening?


On a motion by Trustee Schmidt, seconded by Trustee Grant, the minutes of the Meeting of October 12, 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 October 12, 2004 were approved as amended by a unanimous vote.


Manager Herbek:  The Village purchased leaf bags that residents can get – up to 15 bags per resident at the DPW garage. Information on this is in the Village Newsletter for October. They are encouraging residents to bag leaves; gets rid of them faster and makes for more efficient collection.  Leaves at the curb will not be done on a weekly rotation.  Back yard composting is the best way to go.

Trustee Wiegman:  The banner for the CCOA film festival is requested for the same relative time as the library banner so maybe they can share with the library.  On the proposed Allied settlement with Metro Enviro, given the volume of information received, the Trustees are trying individually to digest this information; it takes a little bit of time as we feed information into counsel and staff.  The Trustees are trying to reach the best possible decision.  On the Millennium Pipeline, Keyspan is now a partner with the pipeline for a portion of the route; they anticipate the southern portion of the route would become Phase 2 of the proposal.  Kirkland and Ellis are continuing to oversee the progress of this.  On another issue, at the state level, there is a minimum wage campaign to raise it, inflation is under way and Senator Bruno has promised to take this up after the November election.  On the Notice of Claim by Striclin Realty, it is not a law suit.  The time after a Notice of Claim has long expired, and there has been no lawsuit.

Trustee Kane:  On Saturday, he participated in the daffodil planting; thanks to the CAC and Girl Scouts – several thousand bulbs have been planted; expect to see the results in the Spring. He is considering all the comments – hundreds – on Metro Enviro carefully.

Trustee Schmidt: Anybody interested in Summerfest 2005 should come to a meeting on Thursday, October 28th to discuss moving it from Sunday to Saturday.  Happy Halloween and remember to change your clocks, get out and vote on next Tuesday.

Trustee Grant:  Congratulations to Sammy Columbo who raised $10k this year in the Run Against Hunger.  There really has been no change in lawsuit regarding Katz lawsuit; the Village was put on notice a long time ago. Attorney Waldman said that a Notice of Claim was entered several months ago.  Trustee Grant asked Manager Herbek why the Journal News ran this article. Manager Herbek said it was because a resident issued a FOIL request and then, receiving the information, sent it to the reporter; it takes time to respond to all of it.  Trustee Schmidt said there is nothing we can do about it; people are entitled to make FOIL requests.  Manager Herbek said that people are also entitled to know how staff time is spent.  Trustee Grant said it is awkward to sit here and not speak on the Metro Enviro issue; we are absorbing the information.  Some people’s delivery of information is hard to take but that is ok; they have listened but not responded.  The majority of people are helpful –on both sides of the issue.  She doesn’t think residents want us to make a fast decision – shoot from the hip.  Those who say the decision has been made, it’s just not so; be patient; won’t make a decision without you knowing.  She asked Manger Herbek if it is possible for the Village Board to be included in significant changes of work orders affecting a pre-agreed upon amount of money – like $5k or more?  Manager Herbek said many of these projects are not new; they used as good information as possible at the time it was approved; things sometimes occur that change the project.  Dan O’Connor said regarding the radio tower, shipping costs, need for small crane, etc., outside door for rear compartment of building,  coloring/painting of building – these were unanticipated at the time.  Trustee Grant said she just wants to know in advance, when possible, about overruns. Dan O’Connor said it would cost extra money to put all the conduits below grade now but it improves the building.  Manager Herbek stated this was a replacement in kind of the Village’s emergency radio equipment at that location.  When preparing a capital budget they try to get the best possible price at the time, but they can’t anticipate all the things at that preliminary time that are going to come into play when the project moves forward.  He tries to keep the Trustees up to date and informed as they go along.

Mayor Elliott:  We are all stewards of the community; our obligation is to gather information and weigh alternatives.

On a motion by Trustee Wiegman, seconded by Trustee Grant, the meeting was adjourned at 9:26 pm by unanimous vote.

Respectfully submitted.
Ann H. Gallelli, Secretary

Village Clerk