A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, December 6, 2004 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.
The following officials were present:
Village Manager Herbek
Village Attorney Waldman
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 Schmidt made a motion to approve the vouchers as follows, subject to review by the Audit Committee. The motion was seconded by Trustee Kane and approved unanimously.
Trust & Agency
3. PUBLIC HEARING: To consider Local Law Introductory No. 7 amending chapter 107 on ‘dogs’, amending letter F by inserting “ball field” based upon the recommendation of Recreation Dept. No comments were forthcoming from the public. Trustee Kane made a motion to approve the amendment, seconded by Trustee Wiegman. Discussion: Trustee Schmidt stated that he had a question regarding ‘chain or leash” and asked if there was any way to write this amendment to cover all instances. Village Attorney Waldman replied that the statement “whether or not” covers all instances. Trustee Wiegman added that this excludes animals used for assistance. The motion was approved unanimously.
NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing 41 STATE STREET, ALBANY, NY 12231
Village of Croton-on-Hudson
Local Law No. 7 of the year 2004
A local law amending Chapter 108 on Dogs
Be it enacted by the Board of Trustees of the
Village of Croton-on-Hudson as follows:
Section 1. § 108-6. Regulations and restrictions – Letter F shall be amended to read as follows:
Be on any public park, playground, ballfield, or school property or on the property of another person without the consent of such other person, whether or not restrained by a chain or leash.
Section 2. This Local Law shall be effective upon filing in the office of the Secretary of State.
Village Manager Herbek read the following correspondence (full text available at the Village Office):
Cablevision rate changes for 2005. Notifications of these changes are scheduled to be mailed to subscribers in early December. Trustee Schmidt asked why there is a discrepancy between Croton and other municipalities. Village Manager Herbek replied that all Family Cable is being brought up to the $44.95 rate, but he will get more information. Trustee Grant added that the letter should say price increases instead of price adjustments.
NYS Board of Real Property Notice of Tentative Special Franchise Assessment; a total loss of $66,725 in assessed valuation.
A letter from Lawrence Schwartz, Westchester County Deputy County Executive, encouraging Croton to sign an IMA between the County and Croton to provide the riders of Bee Line bus system with bus shelters. Trustee Wiegman asked who will maintain these shelters; Village Manager Herbek said that the County would. Mayor Elliott suggested that the Village can put up and maintain its own shelters. The Board was unanimously not in favor of joining with the County on this endeavor. Trustee Schmidt suggested asking if there are other designs or would they be a standard design.
A letter from John Alfonzetti requesting a steep slope special permit for Lot #2 of the Velardo subdivision. Dan O’Connor reviewed the site plan and gave the background of the subdivision; asking for a re-subdivision of Lot 2; Lot 3 was under the steep slope threshold and did not have to apply for special permit. The Board referred this matter to the Planning Board for review and comments.
5. CITIZEN PARTICIPATION-Agenda Items No speakers
a) 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, NY:
WHEREAS, the Croton Yacht Club Marina will be dredged no later than March of 2005; and
WHEREAS, The culverts along Brook Street are filled with sediment and must be cleared before the Yacht Club Marina can be dredged so that this sediment does not drain into the basin once it is cleared; and
WHEREAS, the Village sent out six RFPs to clean the culverts; and
WHEREAS, two proposals were received and the lowest priced proposal is from Fred. A. Cook Jr. Inc. at $34.00 per linear foot; and
WHEREAS, the total cost of the project is estimated to come to $15,368,
NOW, THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to award the proposal to Fred A. Cook Jr. Inc. for the Brook Street storm drain culvert cleaning,
AND BE IT FURTHER RESOLVED: that $15,368 should be charged to Storm Sewers, Contractual account #8140-0400
AND BE IT FURTHER RESOLVED: that the Village Treasurer is authorized to amend the 2004-2005 General Fund Budget as follows:
1. Increase 8140-0400 by $7,500 (Storm Sewers, Contractual)
2. Decrease 001-1990.0400 by $7,500 (contingent account)
Discussion: Trustee Kane stated that there was a huge discrepancy between bids received. Village Manager Herbek replied that it appears the 2nd contractor did not want the job in the first place and submitted an outrageously high bid. Trustee Kane asked if this will have to be done from the corner. Village Engineer Dan O’Connor replied that there is a large NYS DOT manhole and possibly another box culvert; plans also show another manhole that has not been located but they hope to find it. Trustee Grant asked if the Yacht Club is paying half. Village Manager Herbek replied that they are paying for half the dredging; this is to clean out the pipe.
b) 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 Village budgeted for a street sweeper 2004-2005 fiscal year; and
WHEREAS, bid specifications were prepared for this truck in November of this year; and
WHEREAS, the bid opening was on November 30, 2004 and one bid was received for from Empire Equipment Sales of Flushing, NY; and
WHEREAS, the bid amount of $130,540 minus a $6,000 trade-in option for a net total of $124,540 is within the budgeted amount for this item; and
WHEREAS, Martin Gariepy, Lead Maintenance Mechanic, recommends that the Village award the bid to Empire Equipment Sales,
NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to award the bid to Empire Equipment Sales,
AND BE IT FURTHER RESOLVED: that $124,540 be charged to capital account # 3-5130-200-0405-0116.
Trustee Grant stated that they had sent out 4 bids, but received only one response, 2 were not wishing to bid; one does not make this product. Village Manager Herbek added that the Village requires a 3 wheel sweeper; the useful life of equipment such as this is approximately 15 years.
c) 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 Police Department would like to participate in Westchester County’s STOP DWI Program; and
WHEREAS, this program is an overtime, added, patrol effort to enforce the New York State Vehicle and Traffic Laws against intoxicated and impaired driving (DWI/DWAI) in Westchester County; and
WHEREAS, the maximum amount for Patrol Project Activity is $6,000.00 for the year with availability of $2,400 of additional added overtime upon written approval and
NOW, THEREFORE BE IT RESOLVED: that the Village Manager is authorized to sign the 2005 Stop DWI Patrol Project Reimbursement contract with Westchester County.
Discussion: Trustee Schmidt asked how many hours does this represent and has the Village done this before? Village Manager Herbek replied that the last time was in 1997 and a number of years previously. Trustee Schmidt asked if we know how many events we get out of this money and how much does it run per evening? Treasurer Zambrano replied that he will check this.
d) 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, Westchester County has revised the inter-municipal agreement pertaining to the Mutual Aid and Rapid Response Plan for the Police Departments of Westchester County; and
WHEREAS, the revised Plan was approved by the Westchester County Chiefs of Police Association in July of 2004; and
WHEREAS, the purpose of this plan is to establish procedures for the Police Departments of Westchester County to provide the uninterrupted delivery of police service during these situations that exceed the resources of any individual department,
NOW, THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the intermunicipal agreement pertaining to the Mutual Aid and Rapid Response Plan for the Police Departments of Westchester County.
e) 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:
WHEREAS, the easement agreement with Clifford Baum for the use of the parking area at 385 South Riverside Avenue is due to expire on December 31, 2004; and
WHEREAS, the Village desires to enter into a new agreement with Clifford Baum for the use of the Parking Lot at 385 South Riverside Avenue; and
WHEREAS, the new agreement provides for three spaces to be used for the exclusive use of the premises, four to be made available to the general public, and the remaining four spaces will be for employee parking permit holders only; and
WHEREAS, the Village will pay $1,200 per year for the use of these spaces,
NOW, THEREFORE BE IT RESOLVED: that the Village Manager is authorized to sign the contract with Clifford Baum beginning on January 1, 2005 and expiring on May 31, 2010.
f) On motion of TRUSTEE WIEGMAN, 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 New York Power Authority (NYPA) is requesting that all of its customers within Westchester County agree to the use of the PPI Index for production rate adjustments for the year 2005 and 2006, and
WHEREAS, using the PPI index will result in an increase of the NYPA production rates by 2.4% effective 2005,
NOW, THEREFORE BE IT RESOLVED: that the Village Manager is authorized to sign the agreement with the New York Power Authority agreeing to the use of the Producer Price Index (PPI) for production rate adjustments.
g) 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, 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 wishes to consider the environmental impacts of adopting the proposed zoning updates; and
WHEREAS, Part 1 of the Environmental Assessment Form was prepared by Buckhurst Fish & Jacquemart; and
WHEREAS, at the August 9, 2004 Village Board Meeting the Board of Trustees declared its intent to serve as lead agency for this action and authorized the circulation of the EAF to all involved and interested parties; and
WHEREAS, a Public Hearing was held on October 12, 2004; and
WHEREAS, no agencies have come forth to serve as lead agency and as a practical and legal matter the Village Board of Trustees is the only agency which can serve as lead agency for this matter; and
WHEREAS, Part 2 of the Environmental Assessment Form, evaluating the potential environmental impacts of this project, has now been prepared by Buckhurst Fish & Jacquemart; and
NOW, THEREFORE BE IT RESOLVED: that the Board of Trustees does hereby determine, based upon the Environmental Assessment Form submitted to and reviewed by the Board, that this is a Type 1 Action, and
BE IT FURTHER RESOLVED, that based upon the Environmental Assessment Form, the Village Board of Trustees hereby adopts the attached Negative Declaration with respect to this matter.
Trustee Grant asked Village Manager Herbek to report on the concrete dumping by the Village’s sidewalk contractor. Village Manager Herbek replied that an Acocella truck was observed by Mr. Brennan traveling from Ossining into the Village; the truck dumped broken slabs of concrete by the skateboard park where other concrete is stored. Dan O’Connor contacted & spoke to Bart Acocella about this issue; he reported back that 2 crews were working in the area; the truck was loaded with sidewalk slabs from Ossining which were supposed to go to Bedford, but because of an urgent need for the truck, the decision was made by the drivers of the vehicle to dump the concrete from Ossining and proceed to the Village firehouse; the concrete from Ossining was removed on Friday, Dec. 3rd. Mr.
Brennan stated that the concrete was dumped about two weeks before work was begun on the firehouse. Trustee Grant stated that it was not enough to have just removed the concrete; the contractor should be fined as this was a deliberate act of illegal dumping. Trustee Schmidt added that this also raises questions if he has done it before; he’s looked at other material and it doesn’t look like it was from curbs from Croton. Village Attorney Waldman stated that if it was, in fact, an urgent request, this needs to be taken into consideration. Trustee Schmidt added that there is need to find out how much it would cost to take some of this material to a concrete crushing facility. Trustee Grant stated that this material should not be at the skate park and she doesn’t want an outside contractor dumping additional material there. Trustee Kane added that this sidewalk improvement program has saved residents over $70,000 this year; it is a
neighborhood improvement and takes care of liability issues for walkers. Village Manager Herbek stated that the average cost for a property owner is $1,500 and the cost to the Village is $1,500; to have this material carted away would add $500 to each cost.
7. CITIZEN PARTICIPATION – NON-AGENDA ITEMS:
Maria Cudequest, 84 Grand St., asked that any information received regarding Accocella be sent to Bruce Berger, Westchester County Licensing Division for possible further investigation. Ms. Cudequest added that she spoke with Mr. Berger this week and he stated that the County license for MetroEnviro expires on 12/29/04. She asked if the Village is dealing with GreenTree LLC or GreenTree Inc. Village Attorney Waldman said that the information stated at last meeting was not accurate. He added that it is not known if the Village is dealing with Inc or LLC; either entity could enter in bankruptcy. Ms. Cudequest stated that her records show the company as existing as GreenTree Realty LLC, but the new information shows GreenTree Realty Inc. Village Attorney Waldman
replied that when it becomes relevant they will find out at that time. Ms. Cudequest asked who the commenting agency is referred to in the draft minutes from the Special Meeting of November 15th. Village Manager Herbek replied that the only commenting agency is the Planning Board. Trustee Schmidt added that it was sent to many agencies, but the only one responding was the Planning Board.
Richard Pellicci stated that the Gazette had 3 letters to the editor regarding MetroEnviro; anyone supporting a deal with MetroEnviro is totally uninformed and does not have the facts. Mr. Pellicci asked what environmental improvements were discussed at the Special Meeting of Nov. 15th. Attorney Waldman replied that he could not respond at this time. Mr. Pellicci asked what is Chromoscan and what is in that building? Trustee Schmidt replied that it is a firm that does color separation for ads.
Mark Aarons, Georgia Lane, stated that he is an occasional commuter and asked what is going on at the train station; he used to be able to ask for a pass as a Croton resident, would be given a pass and could park in monthly parking. Village Manager Herbek replied that there is an overflow area in the back by the salt shelter; if the daily lot is filled, that area should be used. Treasurer Zambrano added that once the daily lot is filled the commuter can also go to lot A. Mr. Aarons replied that the process was in place; he would pay the fee and could find a space in any lot; he thought it was a right offered to Croton residents. Trustee Wiegman stated that some time ago, the requests for monthly parking increased and some spaces for daily were decreased.
Mr. Aarons added that people who work in the building said this was a recent policy change; why inconvenience Croton residents and why did it change; get the people who work there to come in and talk about this. Trustee Wiegman, who is a regular commuter, usually walks to the station, but when he needs a parking space, if the daily is filled, he parks in the overflow section. Mr. Zambrano stated that Mr. Aarons can still get the orange slip, but for the most part will have to park in the overflow parking. Mr. Aarons stated that this doesn’t work-he wants to park someplace that is not necessarily daily parking and wants to park in the Croton monthly parking area. Treasurer Zambrano replied that by 8 am, the daily parking lot is generally full; they are now looking at 4 options, but these are very expensive and require a lot of maintenance and still need someone there to man the booth. Mr. Aarons also stated that he is trying to get a handle
on the time frame for the Court of Appeals. Attorney Waldman said there is a pending motion that has not been ruled upon; there is no time frame, it is up to the court; the papers have been in for several months; he has heard nothing about another offer or renegotiation.
Tom Brennan, 121 N. Riverside Ave., regarding the concrete dumping at the Skateboard Park; he asked Village Manager Herbek to read again Mr. Acoccela’s statement. Mr. Brennan stated that he is 5 or 6 houses from the firehouse; the incident being discussed occurred at least 2 weeks prior to firehouse work. Dan O’Connor spoke to Mr. Acocella but did not ask for a date when this occurred; he will go back and speak to him again and ask how many times material was dumped. Mr. Brennan added that he saw the truck dump a load at the skateboard park 3 weeks ago, then leave and go to Rt 9; he believes they dumped at least twice; Acocella has a good deal ripping sidewalks up and leaving debris behind; now they are dumping material from elsewhere; he would fine them; should pay
extra money to have this concrete removed from the Village. Trustee Schmidt stated that the point is to get a handle on what is going on down there; keeping the gate locked would create a need to call someone if they need to get in the area. Mr. Brennan replied that the Board needs to decide what is to be done with this concrete.
8. APPROVAL OF MINUTES:
a) Trustee Schmidt made a motion to approve the minutes of the Regular Board Meeting held on November 22, 2004 as corrected. Trustee Grant seconded the motion; unanimous approval.
b) Approval of the minutes of the Special Meeting of November 15, 2004 was held over pending further discussion. Trustee Schmidt stated that he is concerned they do not reflect details of the vote; he would like to go to Executive Session to discuss these minutes. He added also that the minutes draft were due out a week after the meeting; need to be better about getting them done on time. Trustee Grant stated that she believes minutes are not required. Village Manager Herbek stated that just actions and determinations need to be recorded.
Leo Wiegman: 1) the NYSPA distribution to send power through Con Ed lines may go up. 2) gave thanks to Treasurer Zambrano for the budget preview; there will be challenges to keep budget in low double digits. 3) Will be out of town on Dec. 20th and not available for the next meeting.
Trustee Kane: 1) expressed thanks to Treasurer Zambrano for the budget preview-excellent work-food for thought; 2) thanked all residents who donated blood on Sunday
Trustee Schmidt: 1) Winterfest turned out to be a good day. 2) Regarding the upcoming budget-there is a lot of work to do.
Trustee Grant: 1) met with the student council the other day-about 50 bright kids who are on the ball and knew what they were talking about; they were disciplined, kept to agenda, expressed themselves brilliantly, ideas were well thought out. The student suggested that due to parking space limitations, they asked that the Village line 2 corners where bus stops are in the center of town; paint lines on the road so automobiles will not park too close to the end. They discussed the Gingo tree on school property; had done research; Trustee Grant equated that to what is done on Village Boards. Regarding the Drug-free zones, she will have someone get back to them. 2) Holiday trees in the upper Village-who is taking care of them? Trustee Schmidt replied that no one is really doing it;
trees can be decorated by individuals if they want.
Mayor Elliott: another piece of the planning vision is now falling into place-the road from Half Moon Bay to Senasqua is nearly complete; the road should be open by the 17th. This has been a lot of work over many years.
Trustee Kane made a motion to adjourn. Trustee Wiegman seconded the motion; approved unanimously. The meeting was adjourned at 9:40 p.m.
Phyllis A. Bradbury, Secretary