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Board of Trustees Minutes 04 04 05
Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, April 04, 2005 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.

The following officials were present:
        Mayor Schmidt                   Trustee Wiegman
Village Manager Herbek          Trustee Kane
        Village Attorney Waldman                Trustee Brennan
Treasurer Zambrano              Trustee Steinberg

Mayor Schmidt called the meeting to order at 8:30 p.m.  Everyone joined in the Pledge of Allegiance.

Trustee Steinberg 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.

                General Fund                    $  34,589.28
                Water Fund        1,132.55                              
                Capital Accounts                   5,854.13
        Trust & Agency        100.00            
                         $  41,675.96

Village Manager Herbek read the following correspondence (full text available at the Village Office):
Bruce Berger, Executive Director, Westchester County Sold Waste Commission regarding the solid waste & recyclables collection licensing law.
Peter Cannito, President, Metro-North Railroad, regarding their annual emergency preparedness exercise at the North White Plains Yard on Saturday, April 9 at 9 am.
Mark Roberts, SBA Network Services, Inc., regarding Nextel wireless services’ proposal to lease space on two sites in the Village at the Municipal Building & Gateway Plaza by the salt shed.  During discussion, Cingular was found to be interested also; the Gateway Plaza would be available and the best site for both carriers.   Village Manager Herbek recommended that this be referred to the Planning Board and VEB; it would be necessary to issue a special permit.  Trustee Steinberg asked what they are proposing for rent.  Village Manager Herbek replied that they haven’t gotten to that point yet, but he has information about what is being paid to other municipalities.  Trustee Brennan stated that the Village should have a separate agreement with each carrier.  Trustee Kane added that this 140 ft. monolith will have quite a visual impact.
Patrick Calcutti, Grant Street, regarding the naming of streets after Croton veterans who were killed in action.  Mayor Schmidt offered apologies to veterans; this was an oversight and he will be meeting with the veterans to rectify the issue.
Kristine Paupini, Director, National Multiple Sclerosis Society, announcing their Tappan Zee Bike Tour for MS on Sunday, October 2, 2005 and requesting the use of the parking lot area A on that date.  Trustee Kane made a motion to approve the request, subject to the usual caveats.  The motion was seconded by Trustee Brennan, approved by all.
Bernadette Castro, NYS Commissioner, Office of Parks, Recreation & Historic Preservation, offering congratulations on the $150,000 grant awarded to the Village for improvements to Croton Landing playing fields & comfort station
Jon Goplerud, Chair, Conservation Advisory Council, regarding Croton Earth Day Community Clean Up day scheduled for April 23, 2005.  Trustee Wiegman made a motion to approve the request subject to the usual caveats.  Trustee Brennan seconded the motion; approved unanimously.  Trustee Brennan asked who a resident should contact if they see a clogged storm drain.  Village Manager Herbek replied that  there are a lot of things residents can do to help the Village’s limited work force, such as cutting back shrubbery and shoveling around fire hydrants; for storm drains, please do not sweep material out to the street and please rake out material to allow better flow into the storm drain.


Joanne Minnett, 5 Van Cortland Place, stated that people should overlook and swallow the sight of towers for the sake of good communications; her Nextel does not work here.  Regarding cleanup, she asked if they can assign people on this day to clean up the gateway areas which are atrocious.  Mayor Schmidt replied that they can speak to the community clean up day committee to address these areas.
Vincent Mattero, Commander, American Legion, representing the Croton Veterans Committee regarding 3 deceased veterans who have not had streets named after them.  Mayor Schmidt offered apologies on behalf of himself and the board; he offered to sit down and discuss this matter and will work with the veterans to resolve this.  He will attend their April meeting.
Roger Solymosy, Old Post Road, offered congratulations to all elected officials.  He thanked the veterans for their service to this country and stated he recognizes that freedom isn’t free; he apologized for any disrespect that was unintentionally done; the naming of a few hundred feet of road will never diminish the respect that is held for the veterans.
Maria Cudequest, 84 Grand St., asked if she could get a copy of the contract for the $150,000 grant to review.  Mayor Schmidt replied that they have not received that yet.  Ms. Cudequest, referring to the letter from Bruce Berger regarding new licensing stickers, stated that Croton gets to keep these fines; she sees three unlicensed haulers in the Village each week; a Connecticut hauler was not ticketed and she alerted the County who ticketed this hauler in Peekskill; haulers need know that they will be held accountable.  Trustee Brennan asked if anyone called the police and told them about this.  Ms. Cudequest replied that she has sent emails to the Village because of the need for a paper trail; if residents see a hauler without a sticker, this should be reported.  Trustee Brennan suggested posting the license icon on the web site.
Don Daubney, Bungalow Road, regarding cell towers, stated that the Village does have a written cell tower policy; refer to that as a starting point; a 140 ft. tower may be about the same as the Metro-North light towers which are not too far.  Trustee Kane replied that Mr. Daubney does offer an alternative to place the antenna on the Metro-North light towers.
Mark Aaron stated that as the cell tower lease is done, be careful in the drafting; after it is done, the Village will have no control over it.  He added that there is a tower that looks like a faux tree on Scenic Drive by the Croton Jewish Center.  Mr. Aaron did not know the turn on date, but does know it will be a multiple carrier tower; it is leased to an operator who sub-leases to other carriers.

a)      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 will be receiving CDBG grant funds for the Brook Street Neighborhood Drainage Improvements at Kaplan’s Pond Project; and

WHEREAS, this project will result in the replacement of the old outlet structure and the construction of a new emergency spillway; and

WHEREAS, the bid opening for this project was held on March 16th, 2005 and 7 bids were received for this project; and

WHEREAS, Carino Management, Inc. was the low bidder at $194,790; and

WHEREAS, the Village Engineer has reviewed the bids, checked references for Carino Management, and recommends that the Village award the bid to Carino Management, Inc.,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to award the bid to Carino Management, Inc. at the amount of $194,790,

AND BE IT FURTHER RESOLVED: that this amount be charged to the capital account # 003-8660-200-0304-113.

Trustee Kane explained that this will allow the lowering of the water level in Kaplan’s Pond.  Trustee Brennan asked if Carino has done other spillway projects.  The Village Engineer-replied that they have done a more extensive project in Mamaroneck and he is satisfied with the work
b)      On motion of Trustee Kane, seconded by Trustee Steinberg, 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, Steinberg “aye”; Trustee Brennan “nay”.

WHEREAS, there was a bid opening on March 31, 2005 for athletic turf care; and

WHEREAS, this is for soil testing, fertilizing, pest control, core aeration at the Duck Pond Field, Dobbs Field, Manes Field, and Firefighters field; and

WHEREAS, although four companies picked up bid specifications only one submitted a bid; and

WHEREAS, the Superintendent of Parks and Recreation recommends awarding the bid to J.P. McHale Pest Management, who have performed this service for the Village for many years; and

NOW, THEREFORE BE IT RESOLVED: that the Village Manager is authorized to award the contract for athletic turf care to J.P. McHale Pest Management Inc. in the amount of $11,250.00,
AND BE IT FURTHER RESOLVED:  that this amount be charged to account #7140.0400.
Trustee Brennan stated that he cannot support this contract with just one bid; the Village should review the way this is done.  Trustee Steinberg asked if $11,000 is reasonable for these services. Village Manager Herbek replied that yes it is.

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

WHEREAS, the Village Treasurer has recommended establishing a sewer district for the Village; and

WHEREAS, Local Law Introductory No. 1 of 2005, Sewer Rents, has been prepared; and,

WHEREAS, the purpose of this law is to establish sewer rates in the Village pursuant to Chapter 14-F of the General Municipal Law of the State of New York,
NOW, THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby calls for a public hearing on April 18, 2005 at 8 pm in the Stanley H. Kellerhouse Municipal Building to consider Local Law Introductory No. 1 of 2005.
Background by Treasurer Zambrano:  when looking at the budget, he found the general fund has been responsible for maintenance and upkeep of the sanitary sewer system; municipal law allows charges to be done in conjunction with water usage; he suggests transferring the maintenance and upkeep of the system to those that may not normally pay property taxes; the cost of these expenses will be spread out among a greater number of parties.  Mayor Schmidt added that this will bring in the heavy users to contribute to the maintenance and upkeep of the sewer system; those not in a sewer district will not be subject to these charges; more information will be on the web site.

Maria Cudequest, 84 Grand St., thanked Mayor Schmidt and Village Manager Herbek for promptly putting the Metro-Enviro information on the Village web site.  She added that  NYCM has filed an amicus brief in support of Croton’s home rule rights as well as their own.
Ann DiCioccio, 12 Irving Ave., asked if there is going to be a new tax on the water bill.  She asked that this be put in writing so residents can fully understand what is being done.    Mayor Schmidt replied that this is not an additional tax, but a budgetary shift by taking the funds out of the general budget and putting to the water department budget; some residents will hopefully be funding the sewer less and those not paying for a sewer now will be brought into the process; they estimate for most people, it will be a $40 to $50 charge per year on the water bill which is already being paid in taxes; it will help in the long term since with the additional money they will build a reserve to pay for repairs.
Joanne Minnett, 5 Van Cortlandt Place, offered a thank you for trying to correct the drainage problem on Brook St., it should help a lot.

Trustee Wiegman made a motion to approve the minutes of the Regular Board Meeting held on March 7, 2005 as corrected.  Trustee Kane seconded the motion.  Trustees Wiegman, Kane and Mayor Schmidt voted “aye”; Trustees Brennan and Steinberg abstained.

Trustee Wiegman made a motion to approve the minutes of the Special Meeting held on March 15, 2005.  Trustee Kane seconded the motion.  Trustees Wiegman, Kane and Mayor Schmidt voted “aye”; Trustees Brennan and Steinberg abstained.

Trustee Wiegman made a motion to approve the minutes of the Regular Board Meeting held on March 21, 2005.  Trustee Kane seconded the motion.  Trustees Wiegman, Kane and Mayor Schmidt voted “aye”; Trustees Brennan and Steinberg abstained.

Village Manager Herbek announced that the Annual Arbor Day tree planting will take place on April 27th at 10 am; the location is to be determined; this planting is attended by some of the school children and is important as it is one of the requirements to be considered for Tree City status.

Trustee Wiegman expressed his gratitude to the liaison committees he has been working closely with for several years; he has learned a lot from them.

Trustee Kane reported that Ms. Kaplan’s’ 3rd grade class is this year’s CET Earth Day host and the students will be designing the tee shirt and flyer for the event.  He added that residents should keep an eye on daffodil hill; the daffodils are due to bloom in a week or two.

Trustee Steinberg expressed his thanks for the confidence shown by appointing him to the Board of Trustees; he is excited to work with each and every one and this will be a team effort making decisions in the best interest of the residents of the Village.

Trustee Brennan commented that they all are going to work together as a board; the public should know they will open the government up a little more than it has been; call any of the Trustees or the Village staff with comments, concerns or problems.  He is looking forward to working with the boards and committees he is assigned to.

Village Attorney Waldman announced that this is his valedictory as Village Attorney; he will continue to work for a few months until there is a new Village Attorney; he was appointed to this position by Stan Kellerhouse some 33 years ago, it has been a rewarding experience; he thanked the entire community of Croton-on-Hudson for giving him this opportunity; he thanked all committees, boards, commissions and the village staff; they give devoted service to this community which means so much to them; they work remarkably hard and well; they deserve the appreciation of all the residents of this Village.  He thanked the Village, community and all the residents.  Village Attorney Waldman was given a resounding standing ovation.

Mayor Schmidt reported on MetroEnviro; stating that the Village has filed its brief several days ago; MetroEnviro gets to respond to that brief; their reply is due on April 11th but they can file for a 20 day extension; then it is in the court’s hands and they probably will not hear from the courts until sometime in June.

Trustee Kane made a motion to adjourn.  Trustee Brennan seconded the motion; approved unanimously.  The meeting was adjourned at 9:20 p.m.

Respectfully submitted,

Phyllis A. Bradbury
Phyllis A. Bradbury, Secretary

Village Clerk