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Board of Trustees Minutes October 16, 2006
Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, October 16, 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
Trustee Kane
Treasurer Zambrano
Trustee Gallelli

Mayor Schmidt called the meeting to order at 8:05 p.m.

Trustee Brennan 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
Water Fund
Capital Accounts
Trust & Agency

Mayor Schmidt announced appointments to the Trails Committee:  Bob Hiney, Geoff Haynes, Pat Conley and Jim Sullivan

Village Manager Herbek read the following correspondence (full text available at the Village Office):
a)      A letter from Patrick Calcutti, Chair, Croton Central Veteran’s Committee inviting the
Mayor and Board to attend the Veteran’s Day ceremony which will be held on 11/11 at 11 am

b)  A letter from L. Helle Maide, Director, NY Power Authority with an update on the status of
the proposed Westchester County Governmental Customer Rate which will increase for Croton-on-Hudson in 2007 by approximately $41,000. A public forum will be held in White Plains on 11/15 at 2:00 p.m. and written comments can be submitted to the Authority through 11/27/06.   Village Manager Herbek stated that the rates are lower than anticipated and are within the budget projection

c)  A memo from Mark Duncan, Recreation Supervisor, requesting permission to hold the Annual Goblin Walk on Saturday, October 28, 2006 at 2 pm. Motion was made by Trustee Kane to approve the request; second by Trustee Brennan, approved unanimously.

d) A letter from Lisa Nardozzi and Linda Bush, Happy Tots Child Care Center, who are interested in opening a child care center at 1380 Albany Post Road and a request that the Village amend the zoning district regulations to allow a commercial child care center with approximately 80 to 100 children to open in this 01 district.  Steven DeName, owner of the building, Lisa Nardozzi and Linda Bush were present and related the following information: this child care center has been in Holy Name of Mary School building for 15 years; they have been looking for a place in Croton for some time; they are interested in opening in the property at 1380 Albany Post Road; they have called NYS fire inspector who came and said this site could work; they do need a rezoning.  Village Manager Herbek stated that he personally thinks it is a good location for this type of operation, but it needs to be approved by the Board of Trustees before sending to the Planning Board.  Mayor Schmidt added that this must be referred to the Planning Board to look at the rezoning impact on the whole area.  The ladies stated that they have looked at a location in the town of Cortlandt but their first choice is Croton; they have also looked at other sites but all have problems that precluded moving there.  Trustee Kane asked how many families are served from the Village.  The reply was that almost half of their clients are from the immediate village – right now about 25 families, but they had to downsize recently.   Trustee Brennan asked what other properties are in a O1 district. The reply was the Municipal Building is and the Old Croton Watch Co.; really only about 3.  Trustee Gallelli asked them if they understood that the process in changing the zoning is a fairly lengthy process and explained that the basic process, realistically, could take several months-perhaps 3 to 4 months, followed by site plan approval and public hearings.  Ms. Nardozzi replied that they are fine with that and are willing to go through the process. She added that they will also have to satisfy the State of NY and they are very thorough; however, they are about out of time.  Trustee Wiegman asked if the fire inspector projected any alterations.  Ms. Nardozzi said that he did and they will have to comply with his recommendations.  Trustee Wiegman added that he recognizes the need for high quality child care programs.  Trustee Kane asked if enrollment would be increased at the new location.  The reply was that they hope to go back to the original enrollment of approximately 75; they will have to do some alteration of the building.  Village Manager Herbek noted that the property currently has a septic system and questioned if it will handle the increased activity. Mr. DeName replied that it would. Ms. Nardozzi stated that she has contacted the Board of Health and they will be visiting shortly.  Mr. DeName added that even if the building is expanded, there would be no requirements for setbacks as it sits on 1.1 acres and that is enough to expand and allow for handicapped access; there is enough parking and can have a good sized playground.   Trustee Kane moved to refer this to the Planning Board, second by Trustee Wiegman; approved by all.  

e.      A notification from NYS Real Property Services with the Final State Equalization Rate for the 2006 Assessment Roll; final equalization rate is 3.69.

No one spoke

a)      On motion of TRUSTEE Kane, 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 Manager, Village Treasurer, Deputy Treasurer and appropriate department heads periodically review capital projects, and

WHEREAS, after the last review, it was determined that several projects had been satisfactorily completed and in need of additional funding, and

WHEREAS, in accordance with Generally Accepted Accounting Principles and General Municipal Law, a municipality’s governing body must approve the closing of completed projects and authorize additional funding as necessary or authorize the transfer of balances back to the respective fund, and

NOW THEREFORE BE IT RESOLVED: that the Village Treasurer is hereby authorized to transfer funds as necessary either to or from fund balance as detailed below.

From F9901.9030 to H8340.2106.00047               99.00 increase
To close Wellfield #3 account
From H9901.9050.02069 to V5033                               103.22 decrease
To close Silver Lake/Senasqua Renovations account

From H9901.9020.02073 to F5033                                          49.29 decrease
To close Water line-hmb account

From A9901.9030 to H5110.2106.03077                              4,511.20 increase
To close Sidewalk Program account

From H9901.9050.04100 to V5033                                                .99 decrease
To close Fire Radio Bldg account

From A9901.9030 to H3410.2010.05115                               5,704.26 increase
To close Fire Pumper account

From A9901.9030 to H5110.2106.05119                                   257.54 decrease
To close Curb Replacement account

From H9901.9050.05123 to V5033                                              50.76 decrease
To close Mobile Stage account

From H9901.9050.05124 toA5033                                       12,914.22 decrease
To close Yacht Club account

From F9901.9030 to H8340.2101.05125                              24,110.56 increase
To close Purchase of Wellfield account

From A9901.9030 to H7140.2106.05128                                1,576.13 increase
To close Senasqua Boat Drainage

From A9901.9030 to H3120.2000.06129                                2,329.60 increase
To close Police Records Mngmnt account

From A9901.9030 to H5110.2106.06312                               20,643.81 increase
To close Curb Replacement account

From H9901.9020.97087 TO F5033                                          781.24 decrease
To close 2 inch Water Line account

From H9901.9010.99015 to A5033                                                3.79 decrease
To close Harmon Firehouse account

From H9901.9010.99016 to A5033                                             269.28 decrease
To close Grand St Firehouse account

From H8120.2106.03081 to V5033                                          75,359.81 decrease
To close Bioxide Equip account

From H1620.2102.98007 TO A5031                                      16,262.38 decrease
From A9901.9 to H1620.2102.01054                                      16,262.38 increase
To close Bal Mun Bldg Lift and consolidate to Mun Bldg Repairs

From A3410.460 to A9901.9                                                      1,046.20 increase
From A9901.9 to H3410.2102.04098                                        1,046.20 increase
To close Defibs,Radios,Washer/Dryer account

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, the Village Manager, Village Treasurer, Deputy Treasurer and appropriate department heads have reviewed and analyzed all open capital projects, and

WHEREAS, as the result of that review, it was determined that a number of projects are 100% completed, and

WHEREAS, in accordance with Generally Accepted Accounting Principles and General Municipal Law, the governing body of a municipality must authorize the closing of completed projects, and

NOW THEREFORE BE IT RESOLVED: that the Village Treasure is hereby authorized to close the following projects.
        Project Number   Project Name                          Project Total
H8340.2106.00047   Wellfield #3                                                31,297.00
H7140.2103.02069   Silver Lake/Senasqua Renovations       222,246.66
H8340.2106.02073   Water line-hmb                                        155,000.00
H5110.2106.03077   Sidewalk Program                                   208,929.20
H5110.2106.03078   Curb Replacement                                  102,200.00
H3410.2102.04100   Fire Radio Bldg                                        132,994.00
H5110.2106.04103   Sidewalk Program                                     51,247.00
H5110.2106.04104   Curb Replacement                                    51,247.00
H7140.2106.04108   Silver Lake Paving                                     43,348.52
H3410.2010.05115   Fire Pumper                                             487,559.00
H5110.2106.05119   Curb Replacement                                     51,252.54
H7140.2000.05123   Mobile Stage                                              37,897.00
H7140.2106.05124   Yacht Club                                                193,894.67
H8340.2101.05125    Purchase of Wellfield                               974110.56
H7140.2106.05128    Senasqua Boat Drainage                          18,576.13
H3120.2000.06129   Police Records Mngmnt                             68,629.60
H5110.2106.06312   Curb Replacement                                      71,643.81
H8340.2106.97087   2 inch Water Line                                      186,650.00
H3410.2102.99015   Harmon Firehouse                                 2,459,000.00
H3410.2102.99016   Grand St Firehouse                                1,844,000.00
H1620.2102.98007   Mun Bldg Lift/Light Rod,etc                         87,737.62
H3410.2000.04101   Defibs,Radios,Washer/Dryer                      41,930.07
H8120.2106.03081   Bioxide Equip                                                 1,297.19

c. 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 handicap lift outside the Municipal Building has been in disrepair for some time; and

WHEREAS, the Village desires to construct a new vertical platform wheelchair lift; and

WHEREAS, four contractors picked up the bid, two were returned with quotes but only one had an acceptable scope of work; and

WHEREAS, Nikko Construction gave a quote of $54,490 and Joe Sperber has received many positive references regarding their previous work,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to award the bid to Nikko Construction for the construction of a vertical platform wheelchair lift in the amount of $54,490,

AND BE IT FURTHER RESOLVED:  that this amount should be charged to the following accounts:

Municipal Building Repairs
Contingent Account

d. On motion of TRUSTEE Brennan, 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 current intermunicipal agreement for solid waste and recyclables between the County and the Village expired on August 13, 2006; and

WHEREAS, the Village desires to continue the agreement which will allow the Village to bring municipally collected solid waste to the Charles Point Resource Recovery Facility in Peekskill, NY and recyclables to the Materials Recovery Facility in Yonkers, NY; and

WHEREAS, this agreement will cover the period commencing August 14, 2006 through October 21, 2009; and

WHEREAS, the tipping fee for the disposal of Municipally collected solid waste will be $24.32 per ton until December 31, 2006 and will be $25.00 per ton from January 1, 2007 until the end of the term of the agreement; and

WHEREAS, there continues to be no fee for the delivery of recyclable materials to the facility,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the agreement with Westchester County for the disposal of municipally collected solid waste and recyclables for the period between August 14, 2006 and October 21, 2009.

        e. 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 Village has received 7 bids for the Wayne and Clinton Street CDBG street sidewalk improvement project and water main installation project; and

WHEREAS, the lowest bidder was Acocella Contracting with a bid amount of $494,429 ($244,225 for the CDBG portion and $250,205 for the water main installation); and

WHEREAS, the Village Engineer recommends that the contract be awarded to Acocella Contracting,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to award the contract to Acocella Contracting for the Wayne and Clinton Street CDBG street sidewalk improvement project and water main installation project for the amount of $494,429,

AND BE IT FURTHER RESOLVED:  that $300,000 should be transferred from the Water Fund/Fund Balance Account # F599 to the Wayne Street-Clinton Street Capital Account #H8660 05127,

AND BE IT FURTHER RESOLVED:  that the amount of $494,429 will be charged to the Wayne Street – Clinton Street Capital Account #H8660-05127.

f.      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, John Smith has been a police officer in the Town of Goshen and has successfully completed the Rockland County Police Academy; and

WHEREAS, the Village currently has one open position in the Police Department; and

WHEREAS, Lt. Anthony Tramaglini has conducted an extensive background check of John Smith and both he and Police Chief Dennis Coxen recommend the hiring of Mr. Smith;

NOW, THEREFORE, BE IT RESOLVED:  that John N. Smith of New Windsor, NY, is hereby appointed as a Police Officer at the salary of $44,239, effective on or about November 3, 2006 in accordance with the rules and regulations of the Westchester County Department of Human Resources.

Michael Goetz, Irving Avenue, asked if there is any statute regarding dogs barking repeatedly.  Mayor Schmidt replied, yes, that continuous barking is addressed in the village code, under noise law.  Mr. Goetz stated that the police have come several times, but dogs are brought inside for a time, but then brought out again and the barking continues; is there something more specific he can do. Trustee Kane suggested calling the Village code officer.    Mayor Schmidt suggested someone look at the police log and refer on to code officer for next step if it is a persistent problem.  Attorney Staudt added that the code officer can determine if this needs a summons and bring to court; the judge can impose escalating fines.  Michael Goetz also spoke about Dickie’s cliff (Mayo’s landing); he has cleaned up the site several times this year; he has asked police boat to stop and the problem seemed to subside; however, his personal concern is that he goes jogging with his dog and they take a swim and he hopes that this will not be disallowed; his dog loves to swim there and he is not sure of where the state of this is going now; a student suggested putting a garbage can down there, but perhaps DPW would not be able to empty.  Mayor Schmidt replied that signage for that area is under consideration.  Michael Goetz volunteered to pick up the trash in that area along with others who use the area frequently.  Mayor Schmidt added that Martin Smolin has formed a citizen group to do exactly like that and he is someone he can interface with him.  Trustee Kane added that the Croton River Compact Committee is working on these issues and is going to report back to the Board.  He asked what point the dog needs to be on a leash, especially should use common sense when the dog is in the water and then coming into the land.  Mr. Goetz stated that he feels bad about what is going on with the Trustees and all the letters in the Gazette; no matter what happens, it can never be as bad as when the Croton Point Landfill was operating; if they get STB status, they can work 24/7, however, when Croton Point was opened, it was a 24/7 operation except for union restrictions on Saturday and Sunday and middle of the evening; trucks were more numerous; odor did not stop people from moving to Croton;  it is putting a lot of pressure on the Trustees and they have to spend a lot of time on one issue when they could be working on other items; no one really wants a transfer station, it would not be a great thing, but would never equal what was going on at Croton Point.  

Susan Koenig, 37 Elmore, asked that the Board please do away with the 5 minute limit.  Ms. Koenig stated that Michael brought up a lot of good points, but if people are concerned about bottles, dogs barking and diapers, then there should not be a garbage concern in Croton; the Village is too small to handle it; nobody wants it; spent years trying to enforce the permit the last company had.  She added that some neighbors were not aware there was a business operating at 1A Croton Point Ave., there are trucks and garbage trains and things going into the air; there are a lot of other things going on in Croton and she does not want it to be a one-issue town; a lot of people will be showing up if there is a public hearing; put this issue to rest.  Trustee Brennan asked Village Manager Herbek to tell people what is going on at 1A Croton Point Ave. Mr. Herbek replied that construction-related materials may be going in/coming out which they are allowed to do and cannot be controlled by the Board of Trustees by Federal court order; trains are allowed to transport these items; NIR, Regus Industries, Buffalo Southern Railroad wants to preserve their rights because the action is still an active application before the STB.  Mayor Schmidt added they are restricted to not handling any waste at this time.  Trustee Brennan added that they may be handling gypsum.  Village Manager Herbek replied that he does not believe Judge McMahon has ruled on gypsum yet. Trustee Kane stated that nothing has been pulled through there, there are several railroad cars, but they have not moved any materials through.  Mayor Schmidt added that there are railroad cars out there that have boxes on them, but are not processing anything.  Trustee Kane added that they are not moving anything right now.  Trustee Gallelli stated that they have asked for a ruling on gypsum but they can move other materials but not solid waste and there is nothing the Village can do.

Trustee Kane made a motion to approve the minutes of the Special Meeting held on Tuesday September 5, 2006.  Trustee Wiegman seconded the motion.  The Board voted unanimous approval.

Trustee Gallelli made a motion to approve the minutes of the Special Meeting held on Monday, September 18, 2006.  Trustee Kane seconded the motion.  The Board voted unanimous approval.
Trustee Brennan made a motion to approve the minutes of the Regular Board Meeting held on Tuesday, October 3, 2006 as corrected.  Trustee Kane seconded the motion.  The Board voted approval with Trustee Wiegman abstaining.

Trustee Kane made a motion to approve the minutes of the Special Meeting held on Tuesday October 3, 2006.  Trustee Gallelli seconded the motion.  The Board voted approval.

Trustee Kane made a motion to approve the minutes of the Special Meeting held on Tuesday October 10, 2006 as corrected.  Trustee Gallelli seconded the motion.  The Board voted unanimous approval.

Village Manager Herbek reported that he has changed the work session from 10/23 to 10/30; they will have a status report on the parking lot and Susan Snyder will provide an update on the Croton Point fields.  He added that on this Thursday and Friday, MetroNorth will do additional train horn testing which will take place near the bridge.

Treasurer Zambrano reminded residents that weekend parking permits need to be updated; call the Village and they can be mailed.  He added that they are finishing the upgrade of water meters and have sent notices to the last few residents, approximately 300; the Water Dept. will make Saturday appointments but are asking to please have someone at the house to let them in.  Mr. Zambrano added that they have sent out delinquent notices to those who have not made payment; there will be a new $100.00 delinquent fee assessed to any account delinquent for more than 90 days; payment must be dated prior to the 15th.  

Trustee Wiegman reported that, as said before, electricity rates have gone up and there will be a seminar 10/18 at 7:30 pm at Croton Free Library on the issue of photo-electric paneling for use in generating electricity in the home;

Trustee Kane reported that the Great Jack o’Lantern Blaze is a great success again this year; tours have been sold out and they have added another day-this Thursday; only the 9 pm show tickets are available.  Mr. Kane added that the Harmon shop had its open house this past Saturday and again was a successful event.  He stated that the daffodil planting by CAC went very well; there was good attendance, a lot of help and about 1200 bulbs were planted.  He reported also that the Harry Chapin run on Sunday was also very well attended.  Mayor Schmidt stated that some of the merchants have seen an increase in business over the weekend and these events help to support local businesses.

Trustee Gallelli reported that the Run Against Hunger was very impressive this year; the number of people attending was more than usual.  Trustee Gallelli alerted people that the schools are building 3 new tennis courts; they are starting construction; a group of volunteers are holding a fund raiser for lights for the tennis courts this Saturday at Hendrick Hudson HS –Lake St. courts at 10 am; it will be a round robin tennis competition.

Trustee Brennan announced that in the November Newsletter, the Community Center Survey will be included; look it over, fill it out and send back; he gave thanks to Marie Considine and Laurie Noel as well as several others as well as the Trustees, Manager and professional staff for their input. Trustee Brennan reported that the Croton HS football team is the Class C-A league champs; there will be a playoff game at Spencer Field at 1:30 pm on Saturday; he asked somebody to please get the scoreboard working before the playoff game; the team deserves a working scoreboard; contact Dr. Castro or any members of the School Board to get this working.  Trustee Brennan offered congratulations to all the athletes who participated this season and especially the football coaches.  He added that, regarding 1A Croton Point, they haven’t heard anything to the best of his knowledge; he will get information out to the public if they hear anything.

Mayor Schmidt reported that the Croton Caring Committee is having their 25th Anniversary celebration on Sunday 2 -5 pm at Library, the public is invited, there will be light refreshments and a video on the history of CCC; he added that through the years this group has stepped up to the plate for those in need.

Trustee Brennan made a motion to adjourn. Trustee Gallelli seconded the motion; approved unanimously.  The meeting was adjourned at 9:40 p.m.

Respectfully submitted,

Phyllis A. Bradbury
Phyllis A. Bradbury, Secretary

Village Clerk