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Board of Trustees Minutes September 5, 2006
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Tuesday, September 5, 2006 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 Brennan
Village Attorney Staudt
Trustee Kane
Treasurer Zambrano
Trustee Gallelli
                                
1. CALL TO ORDER:
Mayor Schmidt called the meeting to order at 8:10 p.m.  Everyone joined in the Pledge of Allegiance.

Mayor Schmidt announced the appointment of Rick Turner to fill the vacancy on the Conservation Advisory Council

2.  APPROVAL OF VOUCHERS:
Trustee Kane made a motion to approve the vouchers as follows, subject to review by the Audit Committee.  The motion was seconded by Trustee Brennan and approved unanimously.


General Fund
$ 36,677.91
Water Fund
370.67
Capital Accounts
11,404.20
Trust & Agency
1,017.56
$48,470.34

3. PUBLIC HEARING – Village Manager Herbek announced that representatives from Snyder & Snyder, representing Nextel, are present tonight;  this is a continuation of a process that began some months ago; a number of documents have been provided in tonight’s trustee packets; the proposed site, at 1 Van Wyck St., is for antennas on four chimneys and equipment in the attic.

Robert Gaudioso, Snyder & Snyder, stated that they are seeking a special use permit; the Planning Board, along with the WAC, conducted a very extensive review and last month issued a positive recommendation back to the Board of Trustees; they have presented a comprehensive plan. Gary Musciano, architect for Nextel Communications, stated that the application is to install a Nextel base station; they propose to conceal all components involved in this base station; the receiving equipment will be enclosed in the attic; antennas are not tall, but are panels similar to the size of a rose box, approximately 4 ft tall 6 inches wide 8 inches deep; they are made of plastic but will be painted to match the outside of the building.  He added that they will mount the 12 antennas on existing chimneys and conceal cabling in the attic; the visual impact will not detract from the appearance of this building; the attic space will have racks of transmitters and receivers and Nextel’s signal processing equipment which is about the size of a pc/radio tuner; there are four antennas each facing north, south & west; they will not generate any noise, smoke or vibration, but there will be a small air conditioning system; the facility is monitored by a Nextel switch facility 24 hrs a day; the site will be locked & secured, but checked about once a month.  Mr. Gaudioso added that they will paint the antennas by hand to match the brick and mortar; regarding potential interference, they have conducted an analysis and found there is not a likelihood of this, but if it should happen, Nextel will correct the interference; radio frequency emissions are all well within allowable limits and they have submitted a report to the Planning Board. Trustee Brennan asked why there is a higher instance of exposure between 200-400 ft. and how will it affect people working in the building. Mr. Gaudioso replied that the report looks at the worse case scenario and takes into account for maximum power of the system and reflection factors, meaning if everything bounced in the right way and all in the same spot, there would be a certain cumulative effect, but this rarely happens; the Nextel panel antennas are directional antennas designed to propagate a signal out toward the horizon, directly underneath the antenna is usually where there is the least amount of radio frequency emission; the worst case scenario is still only a fraction of the allowable federal limit; this frequency range operates at a very low power.   Trustee Brennan asked if the antennas on this building & the other proposal work together and will there still be areas that will not have service.  Mr. Gaudioso replied that the antennas do not work together, but do overlap; some areas in the very north end of the Village may not have reliable service in buildings and cars.  Trustee Kane asked to go over the directional antennas once again.  Mr. Gaudioso replied that they have 3 sectors pointing 4 antennas each to combine to provide 360 degrees of coverage which is different than whip antennas that are now on the roof.  Trustee Kane added that they seem to be not covering the eastern direction.  Mr. Gaudioso replied that is because of the topography involved, but they still will get some side coverage in that direction.  Trustee Wiegman asked if the cooling unit is being placed within the top story of this building.  Mr. Gaudioso replied that it will and a small condensing unit will be outside to eject heat to the outside.  Mayor Schmidt asked if there is any potential for other carriers to locate up there.  Mr. Gaudioso replied that they limited their footprint and are not occupying every available space; perhaps Verizon could come in and build something with modifications, but he couldn’t speak on behalf of them.  Trustee Gallelli stated that she attended all the Planning Board meetings and Waterfront Advisory meetings which were very extensive and well-covered.

Mayor Schmidt opened the meeting to the public:  Bob Wintermeir, 43 Radnor Ave., asked if anyone has envisioned other carriers to cover the east or other carriers who might come in.  Village Manager Herbek replied that there is a tower application being reviewed for just south of the municipal garage; all of the major carriers are interested in joining on that tower which will provide excellent cellular communication coverage.  Mayor Schmidt added that these two proposals have been working concurrently, this one has moved ahead more quickly.  Mr. Gaudioso added that there are other possible nearby locations being considered and Nextel coverage will depend on where Nextel would be situated on a tower.

Joanne Minnet, 5 Van Cortland Place stated that this tower is long overdue; she always wants to have communication with her children; she asked if there is a terrible storm, how does this equipment stand up to that?  Mr. Gaudioso replied that the system does have a battery backup and may be tied into the Village generator; Nextel also proposes a generator plug which would allow them to bring in a generator if needed.  

Village Manager Herbek stated that this project has the strong support of the Police, Fire, Public Works, Recreation Departments, MetroNorth Railroad and all others that use this wireless communication; a lot of time and effort has gone into planning for emergencies; the Village Manager’s office is planned as an emergency operations center for the village and cellular communication is extremely important.  Village Manager Herbek added that; on behalf of the staff, the Village Manager, Treasurer and Engineer and all the departments, they are in favor of this application.

Trustee Brennan asked if a catastrophic event, such as when the World Trade Center towers went down, would these co-locators still work.  Mr. Gaudioso replied that the sites are independent of themselves and would talk to a switching center throughout the region; Nextel does provide emergency communication for first responders because of the two way radio system; at Ground Zero they brought in temporary cellular towers on wheels, but they do depend on the telephone landline system to talk to switches. Trustee Kane asked if the battery back-up will be in the attic.  Mr. Gaudioso replied yes, it will be in the cooled room and checked every month.


Mayor Schmidt closed the public hearing; the Board voted on the following resolutions:

(Resolution 7d on the Agenda):
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, 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 One 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 does hereby determine, based on the Environmental Assessment Form submitted to and reviewed by the Board, that this is an unlisted 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.



(Resolution 7. E on the Agenda):
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, 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 One Van Wyck Street; and

WHEREAS, a Public Hearing was held on September 5, 2006; and

WHEREAS, on September 5, 2006 the Village Board adopted a Negative Declaration with respect to this application,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees does hereby issue a Special Permit to Nextel of New York, Inc. for the collocation of a personal wireless facility at 1 Van Wyck Street with the following conditions:  

1.      As required in the Telecommunications Chapter of the Village Code the special permit must be renewed every 5 years

2.      As required in the Telecommunications Chapter of the Village Code the applicant must post a bond in an amount to be determined by the Village Engineer to cover the costs of removing and disposing of the tower, antenna and associated facilities. In the event that a tower is not removed within 90 days of the cessation of operations at a site, the tower and associated facilities may be removed by the Village and the costs of removal assessed against the property, the bond or both.

3.      As recommended by the Planning Board:

a.      That, Nextel shall have its antennas and mounting brackets hand painted~to match the brick building using Stealth Painters LLC or an equivalent company.~ An individual brick and mortar pattern shall be used.~ Such painting~shall be consistent with the Stealth Painters LLC samples provided to the Village and be completed to the reasonable satisfaction of the Village Engineer~prior to the issuance of a Certificate of Completion.~ Nextel shall maintain such painting for the life of the facility in good condition and re-paint the antennas as necessary or as required in the reasonable opinion of the Village Board.
b.      That, the Nextel facility shall at all times during the life of the facility comply with the applicable FCC regulations pertaining to radio frequency emissions, including such regulations as applicable to cumulative radio frequency emissions.~ Any necessary mitigation measures to ensure compliance shall follow FCC requirements, procedures and protocols.
c.      That, Nextel obtains a building permit from the Village Engineer prior to any work being performed.  That the Village Engineer recommends that LynStaar Engineering be retained to assist the Village Engineer with the review of the electrical plans with LynStaar being paid from the escrow account.
d.      That, a fire/smoke detector connected to the building’s fire alarm system be installed in the Nextel equipment room by the Village’s fire alarm company with the cost of the installation being paid by Nextel.
e.      That, in the case of a power outage Nextel is proposing to provide an exterior mounted generator plug for use with a portable generator which would power their equipment.  Any power supplied by the Village’s future generator shall not be deemed a permanent connection to the generator as the Village’s power needs may increase in the future and sufficient emergency generator power may not be available to serve Nextel’s emergency power needs.
f.      That, Nextel is advised that the Village may switch to the Statewide Wireless Network system in the future and that the Nextel system must be operated to prohibit interference, including implementation of the FCC rebanding plan, to current and future Village wireless systems.


Discussion:  Trustee Brennan asked if they know when the state may be moving on a state-wide system as indicated in the last paragraph of the resolution.  Mr. Gaudioso replied that Nextel has a plan to accommodate that possibility; it has been implemented in stages throughout the country.  Trustee Brennan stated that he still has some reservations about this proposal, doesn’t believe he has all the information and that everything he has been told is exactly the way it is.

4.      CORRESPONDENCE:
Village Manager Herbek read the following correspondence (full text available at the Village Office):
a)      A letter from Daniel Braff, Snyder & Snyder, regarding the Omnipoint Communication Special Permit Application with the Town of Cortland
b)      A letter from Kenneth Verschoor, Town of Cortlandt, regarding 2 public hearing notices to consider an amendment to Chapter 307 of the Town Zoning Code and a proposed Zoning Amendment to Section 307-53 of the Town Code.
c)      A letter from Ruth L. Pierpont, NYS Office of Parks, Recreation & Historic Preservation, regarding St. Augustine Episcopal Church, which is now listed on the National Register of Historic Places.
d)      A letter from Mark Mannix, MetroNorth, announcing the 2006 Croton Harmon Open House on Saturday, October 14, 2006 and asking permission to use the Village parking lot and allow the public to park for free; they will be providing shuttle bus service to their facility.  Trustee Wiegman made a motion to approve the request, with the usual caveats.  Trustee Kane seconded the motion, unanimous approval.
e)      Four emails from:  Maria Cudequest, Kathleen Parker, Bob Resnikoff and Deborah Tomasello regarding their opposition to negotiations with Regis for 1A Croton Point Ave.

CITIZEN PARTICIPATION-Agenda Items
Maria Cudequest, 84 Grand St., stated that a recent letter from the Board majority printed in the Gazette was misleading; the letter appeared to excuse the actions of the waste industry in Ohio.  She added that contrary to this letter, there are federal, state and local existing laws that are consistently broken by this entity.  She stated that 1)there are strict federal laws regarding run-off and these federal laws were broken under Regis management.  2) there are strict laws stating one cannot steal a million gallons of water during a draught, but Regis did this in Massachusetts and have not paid their fine.  3) MetroEnviro had permits from the DEC, County and Village, but violations were committed anyway.  She stated that the problem is not that there aren’t enough strict laws in Ohio, but this entity does not care when, where and how they exist; they break the law anyway, even with negotiated agreements and fines.  Ms. Cudequest added that she will send copies of the warning from citizens opposing Champion in Massachusetts; this agency is under considerable pressure from many communities; the New England TransRail decision is expected within the next month or two, so be in no rush to negotiate.  She added that the message is clear that residents do not want to be a community that defines itself by what others throw away.  Ms. Cudequest asked the Board to not cut a deal with these entities; put it to referendum which will go a long way to make the message clear and put the onus back on residents; this issue too important to be decided by just the Board.   Trustee Brennan responded that he had contacted NY Conference of Mayors’ lawyers and asked about holding a referendum; they made it plain that nothing about this issue can be put out as a referendum.

Bob Wintermeier, 43 Radnor Ave., congratulated Georgiana Grant for having the courage to apologize on the blog for her letter to the Gazette in which she made some inaccurate charges about his presentation to the Board at the last meeting.   Mr. Wintermeier stated that the expression “Trash Terrorists” refers to waste management and railroad entities trying to use a federal loophole to force Croton to accept a waste transfer station at 1A Croton Point Ave.; “Cash for Trash” does not apply to an under the table deal.  He added that he was pleased to read in the Gazette that Trustees Wiegman, Kane & Gallelli recognize the terrible consequences of having a 24/7 waste operation at 1A Croton Point Ave., but why consider a deal when all the evidence suggests Regis, NIR, etc. would not abide by any terms of the agreement.  He stated that the majority took aim about inactivity of Congresswoman Sue Kelly’s proposal to close the federal loophole; he contacted Ms. Kelly’s office and was told that the bill has been submitted to the Transportation Committee, there have been hearings and interested parties have given testimony; if the Board really wanted to move the legislation along, they should contact Senators Schumer and Clinton to offer corresponding legislation.

Joanne Minnett, 5 Van Cortlandt, stated that she was amazed that some are willing to negotiate with this company after many residents brought forth facts unknown before; people in the Village do not want it; they are prepared to have another meeting and say they do not want to negotiate with this company, but do want to go ahead and fight this in court; people who live here are affected by it, it is a heavily populated area; there are environmental hazards; they are right on the river; should not even consider they will not pollute the river as well as the streets and highways; this will kill properties and lives.

David Goldman, 76 Young Ave., stated that it is a bad idea to negotiate with a transfer station; in the worse care scenario, they will be signing a deal with a company that commits numerous violations, but the county and state issue only minor fines.  Mr. Goldman thanked Mayor Schmidt and Trustee Brennan for their loyal opposition.

Richard Pellicci, 65 Radnor Ave., stated that he can’t understand why this issue can’t go up for referendum or have a mail-in ballot.  Trustee Brennan asked the Village attorney to contact NYCOM and inquire why this cannot be put out as a referendum.  Village Attorney Staudt stated that he will do research.  Mayor Schmidt added that people can still come in person, send email and voice their opinion.  Trustee Brennan added that if there is any deal struck, there will certainly be a public hearing, and everyone should express their opinion.

Ann Lindau, 417 Half Moon Bay, stated that she spoke to Sue Kelly about the letter in the paper and there was a co-sponsor for her bill.  Ms. Lindau added that she is concerned about air quality and if there is a deal, how will this be measured; the Board needs to look at this and find out how to stop this.

6.      UPDATE-HARMON WATER MAIN PROJECT:  Village Engineer, Dan O’Connor reported that they ran into some problems disinfecting the last water main running from one side of Benedict to the other side of Benedict; however, it has now passed inspection; the County Health Dept. has the information; he is meeting with the County Health Dept. tomorrow; the last four service lines need to be connected and the old system can then be closed.  Engineer O’Connor stated that the next step is the capping of the old system and taking it out of service.  He added that they will move to pavement restoration.  Mayor Schmidt asked if the Village can indicate to residents that paving will be done this year.  Engineer O’Connor replied that it should be completed this fall.  Trustee Wiegman stated that Benedict Blvd. receives a lot of bus traffic and he noticed that the trenches have been temporary back-filled but how will these trenches be filled when they repave?  Engineer O’Connor replied that they will put a heavy duty layer of asphalt; the soil is good soil to compress and they are letting the trenches sit without pavement; waiting has helped trenching material to settle properly.  

7. RESOLUTIONS:
a)  On motion of TRUSTEE Brennan, 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 Town of Cortlandt has agreed to contribute $20,000 to help reduce the cost of patrolling the Croton River, and

        WHEREAS, the Town has prepared an intermunicipal agreement whereby the Town will reimburse the Village $20,000 which is to be used to defray the cost of the Croton Police Patrol Boat,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is authorized to sign the intermunicipal agreement with the Town of Cortlandt which provides for the payment of $20,000 to the Village of Croton on Hudson.  

Trustee Brennan thanked the Town of Cortlandt for their assistance.  Trustee Wiegman asked if funds are just for the boat but also for overtime.  Ann Lindau replied that the Town cannot pay overtime for the Croton Police Dept.; they are making two contributions, patrolling Quaker Bridge and funds toward the boat.  Trustee Gallelli added that numerous people spoke to her about the difference it has made in the conditions on the Croton River since the boat has been patrolling; they still need to get the same kind of support from the Village and Town of Ossining.  Trustee Kane added that the Croton Police Department has done a fine job.
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, the Harmon Water main Project has been extended to include Wayne Street and Clinton Street; and

WHEREAS, this requires additional engineering services from Kellard Engineering & Consulting, P.C.; and

WHEREAS, Kellard Engineering & Consulting, P.C. has prepared an amendment to the agreement dated May 15, 2003 to cover the scope of the new services; and

WHEREAS, the additional engineering services will cost $35,000,

NOW, THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the agreement with Kellard Engineering & Consulting, P.C.,
AND BE IT FURTHER RESOLVED:  that the contract amount of $35,000 will be charged to account #H-8340-2087.
c) 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’s Hazard Mitigation Plan recommends the use of a generator for the municipal building in the case of emergencies; and

WHEREAS, the Village has received 7 bids for this project; and

WHEREAS, J.T. Oronzio General Contracting had the lowest bid at $155,500; and

WHEREAS, the Village Engineer has checked the references of J.T. Oronzio General Contracting and recommends awarding the bid to this company,

NOW, THEREFORE BE IT RESOLVED:  that the Village Manager is hereby authorized to award the bid to J.T. Oronzio General Contract for a stand-by generator at the Municipal Building in the amount of $155,500,
AND BE IT FURTHER RESOLVED:  that this amount will be charged to account #H-1620-200-001-50.
Discussion: Trustee Brennan asked if this is a union contractor.  Engineer O’Connor replied that he will get the answer to that question.  Trustee Wiegman asked where the generator will be located.  Engineer O’Connor replied that it will be placed behind the Municipal Building on the Brook St. side of the building, the first upper level area; it will be placed by a crane, they will run conduit up and it will be in an enclosure; it was determined that this is the safest place for the generator.
f) On motion of TRUSTEE Brennan, seconded by TRUSTEE Kane, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:

RESOLVED:

That Richard F. Herbek, as Village Manager of the Village of Croton on Hudson, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of the Recreational Trails Program, in an amount not to exceed $100,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Village of Croton on Hudson for the Kaplan’s Pond-River Landing Trail Improvements Project, and, if appropriate, a conservation easement to the deed of the assisted property.


8.      CITIZEN PARTICIPATION – NON-AGENDA ITEMS:
Bob Wintermeier asked if Croton has submitted any testimony to the Surface Transportation Board and if so, what is the status.


8.  APPROVAL OF MINUTES:
Trustee Brennan made a motion to approve the minutes of the Regular Board Meeting held on August 14, 2006 as corrected.  Trustee Gallelli seconded the motion.  The Board voted to approve the minutes, with Mayor Schmidt and Trustee Wiegman abstaining.

Trustee Gallelli made a motion to approve the minutes of the Special Meeting of the Board of Trustees held on August 21, 2006.  Trustee Wiegman seconded the motion; approved unanimously.
        

9. REPORTS:
Village Manager Herbek reported that during the recent hurricane/tropical storm Ernesto, they put into operation the closing of lots G & H on Friday and Saturday due to forecasted storm surge; there will be a more detailed presentation on Oct. 3rd; they are fine-tuning plans for emergency closing of lots G & H; there are a lot of vehicles to find a place for; the staff worked quickly on Thursday to get the word out via flyers on cars; they are also working on plans using a limo company and ran a shuttle bus morning and evening it but was really not needed due to the holiday weekend.  Village Manager Herbek added that Historic Hudson Valley will be helping to relocate cars by allowing the Village to utilize their parking area if needed; this type of emergency happens about 4 to 5 times a year and they need to be prepared; an email subscription list received notification and WHUD made an announcement.  Mr. Herbek stated that MetroNorth will be here on Tues, Oct 3rd, talking about their capital improvement project and Treasurer Zambrano will be giving a presentation about the plans for emergency closings of the parking lots.  He added that the storm did not cause the extent of problems felt elsewhere, but the Village did have trees hit homes; cleanup will take another week; other areas have trees down on private properties and there are a few homes still without power; about 14,000 or 15,000 in lower Westchester County are still without power.  He reported that the Public Works Dept. did an admirable job.  Village Manager Herbek reported that the Recreation and Parks Dept’s summer day camp program had a record-breaking year in terms of participation; Silver Lake Park was kept open for swimming through Labor Day; there were a few new mini-camps this summer; the fall brochure has been mailed to all residents and includes some new programs.  He continued that they have initiated a program to do background checks on all employees who work with youth in the community, have assumed the operation of two ball fields at Croton Point Park and are continuing to work on the IMA with Westchester County.  Village Manager Herbek added that they are making progress with the Riverwalk project which involves the Village taking over Riverside and Croton Point Ave.  He added that Historic Hudson Valley/Van Cortlandt Manor has requested assistance with their parking needs for the evenings of the Great Jack O Lantern blaze and he would like the Board to grant approval to their request. Trustee Kane made a motion to approve this request, seconded by Trustee Wiegman, approved unanimously.  Village Manager Herbek reported that he receives a water  report every month; the August water report shows that the wells pumped an average of  1.47 million gallons per day;  generally in summer, there is more of demand for water;  in winter it can get as low as 800,000 per day.  Village Manager Herbek asked the Board to go to Executive Session to discuss a continuing matter of Hudson National Golf Course

Treasurer Zambrano reported that, regarding the emergency closing of parking lot, he did receive a few emails thanking the Village for taking steps to avoid the flooding hassles.

Trustee Wiegman reported that the Croton Conservation Advisory Council and the Sustainable Energy Council will be co-sponsoring a forum on Sunday 9/17 at the Croton Free Library; the program will be addressing how we, as a nation, can kick the fossil fuel addiction we have; it  will including a presentation on the carbon tax solution.  He added that, regarding the House resolution by Sue Kelly, he and Trustee Kane sat with John Hall, who is running for congress, and they were taken with his familiarity with dangers of living with industries that are moving waste around and landfills; they were impressed with his background and history with this issue.

Trustee Kane last Tuesday they met with Town officials, many reps from DEC, police depts., many enforcement divisions were here to explain to residents the  difficulties trying to police five different municipalities within a state park; he thanked Town officials for their $20,000 assistance; state parks reps explained the inter-municipal agreements between enforcement agencies, land use issues, zoning codes and water quality issues; the Croton River Compact Committee is working toward the goal of one document produced.

Trustee Gallelli thanked Village Manager Herbek for taking the pro-active approach regarding potential flooding at the parking lot; it was the first real test opportunity and it went well.  Trustee Gallelli reported that the Bicycle-Pedestrian Committee will be having a major public input meeting on September 28th at 8 pm here; they would appreciate input regarding making the community more pedestrian and bicycle friendly; they are planning an input session, passing out flyers about the meeting at all grade levels at school, and are putting a notice in papers; they are looking for a big turn out.   Trustee Gallelli added that the new week-end permits are now available in the Village office; she reminded everyone that they need a new week-end permit with an expiration date; the permits are free to residents and allow parking from 7 pm on Friday, all day Saturday and all day Sunday.  Trustee Gallelli asked when the southern access road to Half Moon Bay will be open.  Village Manager Herbek replied that he signed the documents and sent them back but he doesn’t know if the papers have been filed in the Office of Land Records yet, but Village Engineer O’Connor will find out.  He added that the County must be okay with opening the road; the ribbon cutting can be held at a later time.  Trustee Gallelli stated that over the last few months she has been giving an update on the cost of waging battle on the 1A Croton Point Ave. site; this is a necessary battle; as of the end of July billings for the end of June to the end of July amount to $82,600 for a total of approximately 1.2 million dollars. Trustee Gallelli reminded everyone that schools are opening, please drive carefully.  Mayor Schmidt added that pedestrians do have the right of way in cross-walks and this is being enforced.

Trustee Brennan reported that on Thursday, September 7th at 7:30 pm, another Community Center meeting will be held in this building; they have a rough draft of the survey.  Trustee Brennan wished kids and parents good luck in the upcoming school year.  He stated that as a trustee, he finds it confusing how we sit as a board and tell ourselves and the attorneys to fight STB, but then talk about a deal; this is conflicting information to people at the STB and, in his opinion, it is hurting the Village.  He added that the money was well-spent shutting MetroEnviro down; the original minutes when the permit was granted, guaranteed Croton could shut that operation down with no problem and that is what has cost the most money; any deal that is struck, he doesn’t believe there is any type of permit that could be validated and held up.

Mayor Schmidt reported that on August 26th Washington Engine dedicated their new apparatus; they are proud of the equipment and it’s good to see members of the Fire Company participating, sharing and having a great day.  Mayor Schmidt complimented each Board member for taking on a project and thanked them for working as a team to make this a better community each and every day.  Mayor Schmidt added that with the legal battle, a lot of money  was spent verifying the Village could uphold its permit.  He stated that he is concerned about any deals moving forward; they have to work through this process; hopefully they will hear soon what the next steps are.

Trustee Brennan made a motion to go to Executive session to discuss an ongoing legal issue.   Trustee Gallelli seconded the motion; unanimous approval.

Trustee Wiegman made a motion to adjourn.  Trustee Brennan seconded the motion; approved unanimously.  The meeting was adjourned at 10:15 p.m.


Respectfully submitted,

Phyllis A. Bradbury
Phyllis A. Bradbury, Secretary




Village Clerk