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Board of Trustees Minutes September 18, 2006
Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was
held on Monday, September 18, 2006 at the Municipal Building, Van Wyck Street,
Croton-on-Hudson, NY.

The following officials were present:

Mayor Schmidt
Trustee Brennan
Trustee Kane
Trustee Gallelli
Trustee Wiegman
Attorney James Staudt
Manager Herbek
Treasurer Zambrano


Mayor Schmidt called the meeting to order at 8:13 p.m. Everyone joined in the Pledge of

Mayor Schmidt asked the approval from the Board to appoint Kevin Davis and Karen Moy
to the Bicycle Safety Committee, the Board unanimously approved.

Mayor Schmidt announced the following Croton River Compact Committee members; Ken Sergeant, Ron Sanchez, Paul Kennedy, Nancy Kennedy, Joel Gingold and Rick Turner with Ann Lindau as liaison from the Town and Trustee Kane liaison from the Village. Mayor Schmidt announced the recent dedication of the Echo Canoe Launch. Mayor Schmidt said that at that event the Board was inducted as members of the Hudson Valley Echo's. Mayor Schmidt asked Trustee Brennan and Trustee Gallelli, since they were unable to attend, to recite the pledge as described on the certificate.


Trustee Kane made a motion to approve the vouchers as follows; the motion was seconded by Trustee Brennan and approved unanimously.

General Fund
$ 29,838.53
Water Fund
Capital Acct.
Trust Fund
Sewer Fund
Debit Fund


a.      Letter from John Drapala dated August 30, 2006 requesting a special permit from the Board of Trustees to operate a Child Day Care Center at 75 South Riverside Avenue, Croton-on-Hudson. Village Manager, Richard Herbek advised that this application should be referred by the Village Board to the Planning Board for review and recommendation back to the Board of Trustees prior to scheduling of a Public Hearing.

Trustee Kane made a motion to refer the special permit application by John Drapala for a Child Day Care Center at 75 So. Riverside Avenue, Croton-on-Hudson, New York to the Planning Board, the motion was seconded by Trustee Gallelli and approved unanimously.

b.      Village Manager Richard Herbek advised that he received the annual statement from the State Board of Real Property Services advising that the Village's tentative equalization rate for the 2006 Assessment Role is 3.69. Mr. Herbek said that this is a slight drop from last year's Equalization Rate of 3.86. Mr. Herbek said that it is a very extensive process by the State Board of Real Property Services in determining the market value of taxable real property in the State and it is especially important for the Village in determining Certiorari matters and school levies.

c.      Letter from Pamela Morrison, Croton-Harmon High School Spirit Club advising of an upcoming Spirit March to be held on Friday, September 29, 2006 at 7:00 p.m. 26

        Trustee Kane made a motion approving the request from the Croton-Harmon High School Spirit Club for Police assistance to direct traffic and keep the route clear for their Annual Spirit March to be held on Friday, September 29, 2006 at 7:00 p.m., and to declare Friday, September 29, 2006 as "Tiger Pride Day ". The Motion was seconded by Trustee Brennan and approved unanimously.

d.      Letter from the Croton Fire Department announcing the Croton Fire Department's 2006 Fire Fair to be held on October 8, 2006.

e.      Letter from Althea Corey of the Historic Hudson Valley dated August 31, 2006 announcing The Great Jack-o-Lantern Blaze event.


Robert Wintermeier, 43 Radnor Avenue, welcomed Village Attorney, James Staudt to the Village. Mr. Wintermeier said that he is concerned about comments that were made at the last meeting regarding the 1-A Croton Point Avenue lawsuit. Mr. Wintermeier said that it was misleading to say that all lawsuits related to the 1A Croton Point Avenue had produced legal fees of 1.2 million dollars. Mr. Wintermeier said that while this is true, he feels that taxpayers were mislead into believing that this amount represented the total legal fees related to the ongoing battle between Croton, Regus, NIR, BSOR and Greentree. Mr. Wintermeier said that since the real costs of fighting these waste transfers is certainly not 1.2 million dollars, he requested that at future Board Meetings the exact total of the current lawsuit with Regus, NIR, BSOR and Greentree be made available to the public at the second Board Meeting of each month until that suit is resolved so that people have a good perspective of what is going on. Mr. Wintermeier also stated that the $82,600 in legal fees spent during the month of July to fight Regus, NIR, BSOR, and Greentree were because the Village was negotiating and investigating legal options instead of fighting this. Mr. Wintermeier said that negotiating raises the overall cost of this litigation and that we should not be surprised at rising costs in the future. Mr. Wintermeier said that negotiating with Regus is a losing battle from his standpoint and what we need is an unconditional surrender from this entity. Mr. Wintermeier stated that Representative Sue Kelly said that the best way to close the loophole that Regus is trying to use to circumvent the Federal, State and Local Review of that facility, is to have Senators Clinton and Schumer introduce a companion bill to Sue Kelly's HR4870 in the Senate. Mr. Wintermeier asked if anyone had contacted Senators Clinton and Schumer.

Trustee Gallelli stated that members of the previous Board did make some effort to contact Senators Clinton and Schumer/

Trustee Wiegman explained that there are many more bills that are introduced in the House than in the Senate and that quite often in the House Sub-Committees there will be three to five variations of bills on a particular topic. Trustee Wiegman said that the Senate doesn't quite work on that type of free-for-all basis, but there will need to be a comparable bill put together in the Senate. Trustee Wiegman explained that a bill needs to first go through the Senate and the House and then a joint committee of Senate and House members get together and iron out the differences between those two bills to come up with one bill which then has to be passed by both houses and signed by the President.

Mr. Wintermeier said that he was advised today via e-mail from Maria Cudequest that the Board had received a copy of an e-mail indicating that Brockton, Massachusetts Department of Health has requested Champion City Recovery (a Regus subsidiary) in Brockton to cut their tonnage of waste in half. Mr. Wintermeier said that they were concerned about violations with respect to truck idling, untimely repairs, inadequate staff training and the theft of water. Mr. Wintermeier said that this is an example of why we cannot negotiate with any associates of Regus.

Mr. Wintermeier asked someone to explain why we are authorizing the Village Manager to sign a proposal with Malcolm Pirnie for consulting services for an environmental review for a Special Permit Application to operate a Debris Processing Facility at 1A Croton Point Avenue. Mr. Wintermeier asked if these studies will be included in the litigation fees.

Village Manager, Richard Herbek, said that this has nothing to do with the litigation but rather for the processing of the permit which will be paid for by the applicant.

Mayor Schmidt said that this is standard procedure when applications are submitted.


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, David Steinmetz of Zarin & Steinmetz has submitted an application on behalf of Northeast Interchange Railway, LLC (NIR) for a Special Permit to operate a construction and demolition debris processing facility, on property owned by Greentree Realty LLC; and

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

        WHEREAS, the Planning Board has had numerous discussions regarding the types of consultants and expert advice needed to help with its review; and

        WHEREAS, after reviewing four proposals the Planning Board is now recommending the hiring of Malcolm Pirnie for help with the review of this application; and

        WHEREAS, the Planning Board is also recommending an initial escrow amount of $25,000 be funded by the applicant,

        NOW, THEREFORE BE IT RESOLVED: that the Village Manager is authorized to sign the proposal from Malcolm Pirnie,

        AND BE IT FURTHER RESOLVED: that the payments to Malcolm Pirnie will be paid from the escrow account funded by the applicant for this review.

b. On motion of TRUSTEE GALLELLI, 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, on November 7, 2005 the Village approved a site lease agreement with Nextel of New York, Inc. for the construction of a cellular tower and related

WHEREAS, Nextel has applied to the Board of Trustees for a special permit for the
construction of such a facility; and

WHEREAS, this matter was referred to the Planning Board for their recommendation and review; and

WHEREAS, although the review has not been completed the review process has led to the consideration of an alternate site for the tower; and

WHEREAS, an amendment to the site lease agreement for the alternate site has been prepared; and

WHEREAS, this lease agreement is still subject to special permit approval by the Village Board of Trustees as described in Chapter 206, Telecommunications Towers, of the Village Code and Site Plan Approval by the Planning Board before any construction can take place,

NOW THEREFORE BE IT RESOLVED: that based upon the short environmental assessment form submitted by the applicant the Village Board of Trustees hereby adopts a negative declaration with respect to the signing of the amendment to the site lease agreement,

AND BE IT FURTHER RESOLVED: that the Village Manager is authorized to sign Amendment No. (1) to the Site Lease Agreement with Nextel Communications providing for the rental of Village property at Veterans Plaza for the purpose of constructing and providing communications services subject to final approval as to from the Village Attorney.

7. CITIZEN PARTICIPATION – Non-Agenda Items - None


Trustee Brennan made a motion to approve the minutes of the Regular Board Meeting
held on September 5, 2006 as amended. Trustee Gallelli seconded the motion. The Board voted unanimously to approve the minutes.


Village Manager Herbek advised that the Village has been attempting to sell Engine 119, an old 1984 Mack Pumper. Mr. Herbek said that they have been advertising it for quite a number of months without any takers. Mr. Herbek said that the Fire Department is considering giving it to a Fire Company in upstate New York that lost a lot of fire apparatus during the recent flooding. Mr. Herbek said that they are also considering other options since a department in Tennessee has expressed interest and is willing to purchase the truck for $5,000. Mayor Schmidt said that after discussions with Gerry Munson he was under the impression that they would like to give it to the upstate department. Mayor Schmidt recommended that Mr. Herbek speak with the Fire Chiefs to come up with a consensus.

Village Manager Herbek advised that they needed to close down part of the parking lot last week due to flooding and is looking forward to receiving the Solar Powered Portable Message Board that will be used for emergencies and Village announcements. Village Manager Herbek also advised that he attended a meeting regarding 400th Hudson River Celebrations that are being planned for 2009. Mr. Herbek advised that Joyce Finnerty of the Croton Historical Society will provide the Board with a report. Village Treasurer Abe Zambrano advised that the auditors were here last week and they will be getting the preliminary numbers shortly.

Trustee Wiegman advised that there was a very nice article in the Journal News regarding the efforts on the part of the Village with respect to the Croton River Compact and congratulated Trustee Kane on all his efforts.

Trustee Kane thanked all of the CAC members for their hard work on Saturday. Trustee Gallelli stated that she attended the Fire Department and Ambulance Annual Inspection; it was very impressive to see all of the equipment that the Village has in one location and that we should be proud that we have great companies.

Trustee Gallelli advised that several meetings ago the Board passed a resolution supporting a Training Bill calling for training on the part of Zoning and Planning Board Members. Trustee Gallelli announced that the bill has been signed by the Governor and will go into effect in 2007. Trustee Gallelli advised that there will be a minimum of four hours of training and it is nice to know that new members will receive this. Trustee Gallelli advised that she met with the Recreation Advisory Committee to discuss the status of the Community Room renovation. Trustee Gallelli stated that the renovation has not moved as fast as they had expected.

Trustee Brennan advised that he and the Board met with the Community Center Committee and that the Comprehensive Survey should be available in the November Newsletter.

Trustee Brennan asked everyone to continue to support the Croton football team; they are doing an excellent job and are currently 2-0.

Mayor Schmidt said that the Fire Inspection was a great event and it is wonderful to see the pride in maintaining their equipment. Mayor Schmidt said that he attended the Westchester Volunteer Fire Convention and that a number of Croton's members were nominated and received Volunteer Firefighter of the Year awards.

A motion to go into Executive Session following the close of the meeting was made by Trustee Brennan and seconded by Trustee Gallelli, approved unanimously.

There being no further comments to come before the Board, a motion to adjourn the meeting was made by Trustee Brennan and seconded by Trustee Kane, approved unanimously. The meeting adjourned at 9:05pm.

Peggy Keesler, Village Clerk