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Board of Trustees Meeting December 19, 2005
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, December 19, 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
Treasurer Zambrano
Trustee Brennan
Village Attorney Stecich
Trustee Steinberg

Mayor Schmidt called the meeting to order at 8:00 p.m.  Everyone joined in the Pledge of Allegiance.

Trustee Brennan 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
$  46,296.94
Water Fund
Capital Accounts
Trust & Agency
$  48,413.03

Village Manager Herbek read the following:

Village of Croton-on-Hudson, NY - Definition of Drive Through Windows

        Village of Croton-on-Hudson Local Law No. Introductory 4 of the year 2005

A local law to amend the Croton on Hudson zoning code by adding a definition of drive-through windows

Be it enacted by the Board of Trustees of the Village of Croton-on-Hudson as follows:

Section 1. Section 230-3 of the Zoning Code is hereby amended by adding the following definition:  DRIVE-THROUGH WINDOWS -- Facilities that encourage or permit customers to obtain goods, receive services, transact business, or be entertained, while remaining in their motor vehicles.  The term "drive-through window" shall not include a single facility containing one ATM or teller or combination ATM/teller window that is attached to or an integral part of the principal building of the bank.  

Section 2.  This Local Law shall be effective upon filing in the office of the Secretary of State.

Village Manager Herbek noted this had been referred to the Planning Board and their recommendation has been incorporated into the Local Law; proper notices have been posted in the Village’s official newspapers.

Public Comments:
a)      Steve Corrigan, West Rock Development, asked Village Manager Herbek to re-read the definition of drive-through windows for clarification of wording.

Village Manager Herbek suggested changing wording from ‘the bank’ to ‘a bank’ which was approved by Attorney Stecich.

Mayor Schmidt pointed out that any permits would still be subject to approval of the Planning Board.

Trustee Kane made a motion to approve the resolution, seconded by Trustee Brennan and approved unanimously.

Village Manager Herbek read the following correspondence (full text available at the Village Office):
A letter from Magalie Salas, NYS Regulatory Commission, regarding the Millennium Pipeline’s notice of petition to amend the commission order issued 9/19/02; seeking authorization to construct phase 1 of the route.  

A series of communications from NYS Board of Real Property
Notice of Tentative Special Franchise Assessment for various businesses having presence in the Village.  
The Tentative Railroad Ceiling which is basically the same as last year.  
The Residential Assessment Ratio which is based on 61 total sales; the Village has substantial problems with that and Joe Sperber has already sent his corrections to the State.

A letter from Deven Sharma, Riverview Trail, commending Village Attorney Stecich in her work toward Northeast Interchange railway and the Solid Waste Commission and thanking the Board for their continuing efforts against allowing NIR to operate in the Village.
A letter from Mr. Edward Burroughs, Deputy Commissioner, Westchester County Dept. of Planning, regarding the Village’s notice of intent to serve as lead agency for the Symphony Knoll project and giving his approval.

5.      CITIZEN PARTICIPATION – Agenda Items:
No speakers

a)      On motion of TRUSTEE Steinberg, 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 Board of Trustees would like to consider whether or not to allow for a run-off election in the event of a tie vote; and

WHEREAS, Local Law Introductory No. 5 of 2005, providing for a run-off election in the event of a tie vote, has been drafted,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby calls for a Public Hearing at 8 pm in the Stanley H. Kellerhouse Municipal Building on January 3, 2006, to consider Local Law Introductory No. 5 of 2005, providing for a run-off election in the event of a tie.

Discussion: This comes because of the tie vote that occurred in Irvington, NY this year.  Village Attorney Stecich indicated she had some problems with the wording of the suggested draft and further discussion is warranted.  Trustee Kane added that he would like to know the cost to residents for a run-off election in event of a tie.

b.      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, Assemblywoman Sandra Galef has co-sponsored Bill No. A05297 which is an act to amend the General Business Law and the Real Property Law, in relation to enactment of a residential cooperative and condominium owner’s Bill of Rights; and

WHEREAS, this legislation would uniformly apply basic rules of fairness to all condos in the State of New York which include provisions for the following:  Process requests for action quickly and without discrimination; Hold elections by secret ballot and post results publicly; Fill vacancies in a timely fashion; Board members must resign if they sell their interest in the corporation or association; Make financial statements available to all owners at least annually, including board members’ financial interest in any company providing goods or services to the association; Make documents available to all owners for inspection; Post notice of meetings at least ten (10) days in advance; Notify, and in some cases seek approval from, owners before imposing special assessments or entering into contracts for extraordinary expenses; Provide owners with written procedures for requesting timely resolution by the board or association of disputes:  Board members chosen to fill vacancies must stand for election at the next scheduled election; The Attorney General and the Department of Law must issue a handbook of owners’ rights within six months of the law’s effective date,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees does hereby support the efforts of Assemblywoman Sandra Galef and all co-sponsors of Bill No. A05297,

AND BE IT FUTHER RESOLVED:  that the Village Board of Trustees urges the Honorable Governor George Pataki to sign said Bill.

7.      CITIZEN PARTICIPATION: Non-Agenda Items:
        No speakers

Trustee Brennan made a motion to approve the minutes of the Regular Board Meeting held on November 21, 2005 as corrected.  Trustee Kane seconded the motion.  The Board voted unanimous approval.

Trustee Steinberg made a motion to approve the minutes of the Regular Board Meeting held on December 5, 2005 as corrected.  Trustee Kane seconded the motion.  The Board voted unanimous approval.

Trustee Kane made a motion to approve the minutes of the Special Board Meeting held on December 12, 2005 as corrected.  Trustee Brennan seconded the motion.  The Board voted unanimous approval.

Village Manager Herbek reported that 1) Sue Menz asked him to mention that the new recreation brochure for 2006 is out for Winter/Spring/Summer programs; these should have been received in the mail; copies are available in the Recreation Dept. office. 2) Garbage/recycling collection – please refer to the Village’s web site for the correct days to put out trash and recycles during the upcoming holiday season. 3) The Friends of History calendar for 2006 is on sale in the Village Office; it has historic pictures of Croton-on-Hudson and significant moments in the Village are indicated.

Treasurer Zambrano reported that the water bills went out Thursday; they are almost identical to the prior bills, nothing major has changed; any questions call the office at 271-4781 or stop by the office for assistance; the next bills will go out June 15th.

Trustee Wiegman reported that Cortlandt Watch, a neighborhood association will be having an information session on January 4th at the Mohegan Colony Day School at 7:30 pm; they will have representatives from NYS Power Authority and NYSERTA; there will be sessions for homeowners, commercial property owners and municipalities.

Trustee Kane distributed two reports – one from Washington Univ. regarding methods of determining amortization periods of non-conforming uses and the second from the American Planning Association regarding regulation of non-conforming use and amortization; he asked that these be distributed to the Planning Board, Zoning Board and Comprehensive Plan Committee.

Trustee Steinberg reported that regarding Cortland Watch, Sue MacDonald is the contact person and can be reached at 736-7526.  In addition he expressed his best wishes to the Board, the administrative staff and the residents for a Merry Christmas, Happy Chanukah and a Happy New Year.

Trustee Brennan wished happy holidays to everyone and reminded everyone to support the girls and boys basketball teams.

Village Attorney Stecich reported that last week the Solid Waste Commission gave a license to Northeast Interchange Railway to haul; the other 2 Regus companies were also given licenses.  She added that the commissioners did speak to some person in Ohio, but felt that the violations there were corrected and seemed to pay no notice that the violations became much worse when Regus took over the property; it was a disappointing experience; NIR’s next step is to hear from NYS Environmental Protection in response to their permit application; she added that Regus has not made any applications to the Village; the licenses were granted on condition that  environmental monitors are appointed by the Solid Waste Commission.  Trustee Brennan added that this does not give them a license to open up any facility in Croton.
Mayor Schmidt reported that the Historical Society also has memorabilia for sale; he wished everyone a happy holiday and Happy New year.

Trustee Steinberg made a motion to adjourn to Executive Session and a brief work session.  Trustee Wiegman seconded the motion; approved unanimously.  The meeting was adjourned at 9:00 pm

Respectfully submitted,

Phyllis A. Bradbury

Village Clerk