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Board of Trusees Minutes August 14, 2006
Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, August 14, 2006 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.

The following officials were present:

Village Manager Herbek
Trustee Brennan
Village Attorney Feldman
Trustee Kane
Treasurer Zambrano
Trustee Gallelli
        Absent:  Mayor Schmidt, Trustee Wiegman
Deputy Mayor (Trustee) Brennan called the meeting to order at 8:05 p.m.

Village Manager Herbek reported on a recent development in the Greentree/NIR/BSOR case.  The Village received a copy of a communication dated August 9, 2006, that was sent to Judge McMahon to update the court about BSOR’s current and proposed operation at the Croton Yard; they are seeking confirmation from the court that certain proposed operations will not run afoul of the condition that the court imposed as part of its decision and order granting plaintiff’s motion for a preliminary injunction.  Village Manager Herbek related that in the letter, it said that BSOR and CSX negotiated an interim agreement to operate over the tracks and BSOR will conduct the loading and unloading of rail cars; now that this agreement is in place, CSX will deliver 3 rail cars to the BSOR-Croton yard; Coastal now seeks to enter into two new long-term agreements with BSOR. He continued that Coastal will deliver gypsum by truck; the gypsum will be deposited on the floor of the building; next, using a front-end loader, the gypsum will be loaded onto rail cars where the gypsum will be recycled for subsequent use in the manufacture of sheet rock.  The letter further stated that Coastal anticipates 10 trucks will deliver the gypsum per day and in turn the gypsum will be trans-loaded into three rail cars per day.  The 2nd agreement involves the trans-loading and transportation of sheetrock tailings in leak-proof containers to be transported by truck to the Croton yard, then loaded onto rail cars for delivery out of NY state; they estimate about 4 trucks per day.  Village Manager Herbek stated that this communication is asking the court to concur that this use does not violate the court order.  Trustee Brennan stated that they are saying that gypsum does not fall in the perimeter of solid waste and that the judge’s order does not cover this type of material.  Village Manager Herbek stated that on August 11th, Michael Gerrard, on behalf of the Village, sent correspondence to Judge McMahon regarding the Village’s opposition to that request based on Village code   The STB has rejected BSOR’s request that its claimed exemption go automatically in effect.  Michael Gerrard pointed out that both operations involve the handling of gypsum and gypsum waste.  Village Manager Herbek added that they heard at 4 pm this afternoon from US District Court that Judge McMahon is on vacation; however, Paula Saratella, law clerk for Judge McMahon responded stating that it would be most appropriate to return to the State Supreme Court and Judge Nikolai for a determination.  Village Manager Herbek added that they will be closely monitoring the site.  

Trustee Brennan stated that the company that has filed for a special permit is NIR, not BSOR; once again, this company is trying to end-run this Village. Trustee Gallelli pointed out that this is just what the problem is that the Village is faced with.

Trustee Kane made a motion to approve the vouchers as follows, subject to review by the Audit Committee.  The motion was seconded by Trustee Gallelli and approved unanimously.

General Fund
$ 81,666.23
Water Fund
Sewer Fund
Capital Accounts
Trust & Agency

Village Manager Herbek read Local Law Introductory #8 of 2006 amending section 230-174.  The purpose of this law is to clean up the Village code; all are found in a master fee schedule and are updated as needed.

Trustee Kane motion to accept; seconded by Trustee Gallelli.  Village Manager Herbek read the proposed local law; adding that this needed to be updated; they are bringing all the fees that were in numerous places throughout the code over to the master fee schedule.

No comments from the floor.  Vote was unanimous in favor.

Village Manager Herbek read the following correspondence (full text available at the Village Office):
a)      A letter from William Rooney, 84 Grand St., regarding 1A Croton Point Avenue.
b)      A press release from MetroNorth Railroad regarding modernization of the Harmon Shop Complex.  Village Manager Herbek stated that a representative from MetroNorth will attend the Oct 3rd meeting with more information.
c)      A letter from Andrew Spano, Westchester County Executive, regarding the Affordable Housing Allocation Plan 2000-2015.  It was noted that some municipalities have not done any construction of affordable housing.
d)      A letter from Bennett Rosenow, 37 High St., regarding the geese problem in Senasqua Park and asking that something be done to rid the park of them.  Mr. Rosenow forwarded Canadian Goose Management option material from Cornell Cooperative Extension Service and offered the use of his border collie.  He also expressed his opinion that there is a need for a cell tower in the Village to improve reception. Village Manager Herbek stated that he will research the material and report back at a later date; there are several other options to be explored.  Trustee Gallelli suggested initiating discussions with Hudson National Golf Course as a cooperative effort in sharing a border collie.

a)      Bob Wintermeir, 43 Radnor Ave., stated that he came tonight partially in response to Bill Rooney’s letter about 1A Croton Point complex; he added that he is concerned about a letter in the Gazette on Aug 3, 2006 that pertains to negotiations for a trash alliance for this facility; the article referred to a letter from Congresswoman Kelly drafted to close the legal loophole they are trying to use to reopen the MetroEnviro facility; Ms. Kelly stated that her legislation would be introduced by the end of the year.  Mr. Wintermeir added that current legal expenses are yet to be determined and he asked the Village Treasurer to get the figure.  He stated that he appeared several weeks ago and asked the board to not mix numbers, keep them separate.  He added that Croton is facing a daunting challenge with the current court proceedings and needs to continue to fight the battle until the law is changed; if a deal is made, please make plenty of time for discussion and a vote. Trustee Brennan replied that whatever happens there will be a full public hearing and the public will have the opportunity to have their say.

b)      Richard Pellicci 65 Radnor Ave., repeated some of what Mr. Wintermeir stated regarding Regis and 1A Croton Point Ave., he cited several instances of violations by their subsidiaries.

a)  On motion of ~Trustee Gallelli,~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 been awarded $96,828 from Westchester County for an Urban County Community Development project; and

WHEREAS, this is for the Wayne Street Sidewalk Improvement Project; and

WHEREAS, the contract has been received from Westchester County,

NOW, THEREFORE BE IT RESOLVED: ~that the Village Manager is authorized to sign the contract with Westchester County to receive funds of $96,828 for the Wayne Street Sidewalk Improvement Project.

Discussion:  Trustee Gallelli stated that this is going to be a really nice improvement; they met with Wayne St. residents, reviewed the project and they were thrilled; this will enhance this area.  Trustee Kane stated that this project includes concrete curbing, new trees, driveway repairs as well as new sidewalks.  Village Manager Herbek added that this project will complete the improvements in an area of the Village that was started almost a decade ago and is in keeping with the Village’s goal of improving pedestrian traffic; parking has been created behind the stores; Benedict Blvd. was made into another area for off-street parking.  Trustee Kane stated that he is concerned that the neighbors will have a good deal of disturbance and suggested that they should be notified for access availability on their streets as the work progresses.  Village Manager Herbek replied that proper advance notification will be given
b) On motion of Trustee Kane, seconded by Trustee Gallelli, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:
WHEREAS, Nextel of New York, Inc. has applied for a special permit to construct a personal wireless services facility at One Van Wyck Street; and

WHEREAS, this matter has been referred to the Planning Board for its recommendation and review; and

WHEREAS, on May 15, 2006, the Village Board of Trustees declared itself lead agency for the purpose of conducting a coordinated environmental review of the proposed installation of the personal wireless services facility at Once Van Wyck Street; and

WHEREAS, Frederick P. Clark Associates, the consultant hired for this review by the Planning Board, has prepared Part 2 of the Environmental Assessment Form; and

WHEREAS, the Village Board of Trustees has now received a favorable recommendation from the Planning Board regarding this application,

NOW, THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby calls for a Public Hearing on September 5, 2006 at 8pm in the meeting room of the Stanley H. Kellerhouse Municipal Building to consider the special permit application of Nextel for a Wireless Facility at One Van Wyck Street.
c)      On motion of Trustee Kane, seconded by Trustee Gallelli, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:

WHEREAS, the Treasurer wishes to open both sides of the General Fund and the Water fund budgets to cover the cost of operating expenses, amending the 2005-2006 General Fund and Water Fund budget as detailed in the attached schedules:

NOW THEREFORE, be it resolved that the Village Treasurer is authorized to amend the 2005-2006 General Fund and Water Fund budget to reflect these changes.

a)      Bob Wintermeir, 43 Radnor Ave. stated that recently during heavy rain, he had at least one tree that was damaged; the limb was removed; however, he talked with Dan O’Connor about the need for a permit to take down a tree; he suggested taking a look at situations that require action through no fault of the homeowner, such as damage due to a flood, etc.; in the future please consider waiving that permit fee; some tree firms were not aware of the need for a permit.  Trustee Gallelli stated that the tree law was a development that came out of the environment review and came from the CAC.  Mr. Wintermeir stated also that MetroEnviro had been accepting gypsum for many years and he now hears that this may be hazardous material.  Trustee Brennan replied that he understands that, in some forms, it may be hazardous waste and in some forms it is not; the Village will be responding to this appropriately; he does know many materials are mixed into gypsum. Mr. Wintermeir commended the Board for having retained Attorney MaryAnn Stecich to work on the waste issue.  Mr. Wintermeir stated also that regarding affordable housing, the Village has a new commitment of 115 units, and he would love to see how Croton compares to the allocations to other similar municipalities.  Trustee Brennan replied that the Village has that information; he can come to the Village Office to obtain it. Trustee Brennan commented that Maryanne Stecich was very instrumental in every favorable ruling that came down and he also was glad the Board decided to keep her on.

B)      Village Engineer Dan O’Connor stated that they did send a mailing out to many tree companies explaining the tree law and the new application form and instructions on where the form is on the web site which can be downloaded; all companies can go to the web site for this information.

Trustee Kane made a motion to approve the minutes of the Regular Board Meeting held on July 24, 2006 as corrected.  Trustee Gallelli seconded the motion.  The Board voted unanimous approval.
Trustee Gallelli made a motion to approve the minutes of the Work Session/Special Meeting of August 7, 2006 as corrected.  Trustee Kane seconded the motion.  The Board voted unanimous approval.

Village Manager Herbek - no report.

Trustee Kane reported that last Thursday, the Croton River Compact Committee met for the first time and discussed enforcement actions that have been taken by the Town and the Village  and also the use of the patrol boat; they discussed working toward involving all the municipalities along Croton River.  He added that Ann Landau announced another $10,000 will be coming to Croton for enforcement and patrols; the Town is also enforcing parking restrictions at Quaker Bridge Road. He reported that they have seen an improvement in behaviors and things have quieted down a bit.  He added that the Croton River Compact Committee meeting will be held in this building August 29, at 7:30 pm and these meetings are open to the public

Trustee Gallelli reported that the Bicycle Committee met the same night as the Croton River Compact Committee; they are aiming to make a short presentation at a board meeting and get public input.  Trustee Gallelli reported that the Planning Board is giving further consideration of the other Nextel application for a cell tower; the Planning Board did make a positive recommendation for service to this building.  They are also considering a recommendation on a special permit for NIR/Greentree for a C&D transfer station at 1A Croton Park Ave.   Trustee Gallelli reported also that hurricane season is coming up and asked Village Manager Herbek to make a short presentation at the next meeting to inform people on what to expect if there is storm-driven flooding in the parking lot.  She added that regarding weekend parking permits, up until now, all residents could get free weekend parking permits; however, due to the fact that there were no expiration dates on these permits, some people who have moved are still using them; new permits are being printed with an expiration date; all those who have a weekend permit are asked to come in and get a new weekend permit.  

Treasurer Zambrano reported that when permits are in the office, he will send notices out and also put a notice in the Gazette.

Trustee Brennan reported that the next Community Center Committee meeting will be held on August 29th; hopefully they are looking to get the survey out by early October.  Trustee Brennan, regarding the cell tower, stated that the Trustees need public feedback; don’t let 5 people decide; this goes for any issue before the Board; come to meeting, call or email and tell them how you feel.

Trustee Kane made a motion to adjourn.  Trustee Gallelli seconded the motion; approved unanimously.  The meeting was adjourned at 9:15 p.m.

Respectfully submitted,

Phyllis A. Bradbury
Phyllis A. Bradbury, Secretary

Village Clerk