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Board of Trustees Minutes May 21, 2007
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, May 21, 2007 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.

The following officials were present:

Mayor Schmidt
Trustee Brennan
Village Manager Herbek
Trustee Kane
Village Attorney Feldman
Trustee Konig
Treasurer Zambrano
Absent:  Trustee Gallelli

1. CALL TO ORDER:
Mayor Schmidt called the meeting to order at 8:00 p.m.


2. APPROVAL OF VOUCHERS:
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
$55,577.56
Water Fund
1,027.60
Sewer Fund
Cr   -80.21
Capital Accounts
9,702.03
Trust & Agency
240.00
$66,466.98











Mayor Schmidt thanked the Fire Dept, Police Dept, Auxiliary Police and DPW staff for the excellent work to get the Village cleaned up after the storm last week.  He also thanked the Town of Cortlandt for providing assistance on Wednesday; they helped get Rt. 129 open.  Several people met with ConEd on Thursday and outlined a series of priorities to get the Village up and running as quickly as possible.  He thanked residents and staff also. Mayor Schmidt stated that because of the Spring rains and this past storm, there may be some delayed openings such as Silver Lake; the Senasqua Bath house has no power and it will take cooperation to get that up and running as soon as possible.  He asked Ken Kraft & Dan O’Connor to say a few words about storm and what residents and homeowners can do.

Ken Kraft reported that  in only 10 or 15 minutes, the storm took many trees down and did a lot of damage in the Village, especially Albany Post Rd., Rt. 129, Grand St., Maple St. and Quaker Bridge Rd.  He added that the Town of Cortlandt was a big help; they could not have gotten roads open so quickly without their help; ConEd did what that they could to make the Village safe; several streets were still closed Wednesday night; on Thursday, they assessed the damage; the school district closed schools on Thursday and ConEd sent a liaison to discuss priorities.  He stated that it was important to get Alexander Lane open as residents were trapped until the roadway was cleared; they did get it open Thursday afternoon.  Mr. Kraft reported that the Village water supply was on emergency power; they spent the majority of the day clearing trees and wires; by Thursday night most electricity was restored, however, there were still some spotty outages.  He stated that on Friday they removed tree limbs from streets; identified other areas where trees needed to be removed from wires and they worked Friday night cleaning up; Saturday began the full cleanup assisted by the Town of Cortlandt; today they continued to clear streets of debris.  He added that the Town’s chipper was used today because the Village’s chipper needed repair; it should take another 2 weeks to complete the cleanup.  Mr. Kraft asked residents to drag tree limbs to curbs and face limbs all the same way to make cleanup efforts more efficient; the DPW will pick up these limbs and they do not have to be cut nor bundled; however, they will not pick up limbs if they are 6 inches or more in diameter as they will not fit in the chipper.  He suggested as a way to dispose of logs that fell on private property; the Village will set up an area at the former skate park and will offer them free for firewood.  Village Engineer Dan O’Connor reported that the Village is doing a lot of clean up as are residents; the tree law does not require a permit for dead trees that fell or if the tree will die in a short time.  He suggested that if residents need to remove a healthy tree, they should get an opinion from an arborist attesting why it should come down.  Mayor Schmidt added that they hope to address recommendations to residents on appropriate types of trees to replace those that came down.


3.      ANNUAL ST ORM WATER MEETING:
Storm Water Report – Mr. Tony Conetta , from the firm of Dvirka and Bartilucci, reported that this is the Village’s 4th annual storm water meeting; he described phase 2 of the program; he gave an overview, the basics and where the program is headed, including:
·       This is not a flooding program
·       In 2003, the Village the filed and received permit coverage allowing stormwater discharges
·       The aim of the program is to prevent negative aspects of runoff
·       The impact is an affect on beaches, shellfish areas, shorelines and wetlands
·       They have established 6 elements that need to be carried out regarding stormwater runoff
·       The report will go to the DEC by June 4th
·       The existing permit will expire 2008; it is to be renewed with some changes recommended by the DEC
·       Municipalities will be required to enact 2 ordinances which are being prepared

Ken Kraft reported that the Village must keep track of how many catch basins and how many miles of streets they sweep; the Village maintains a stormwater repository with informational brochures; new information is in the Village newsletter and web page; the Village has participated in County household cleanup days and employees have attended many training sessions.  He added that public involvement includes the river cleanup which the Village was doing for many years.  Mr. Kraft stated that they are marking storm drains with warnings not to dump anything in drains; mapping of the infrastructure is about 90% done.  He added that regarding construction site runoff control, Engineering has issued 165 C.O.’s and conducted over 250 construction inspections and 85 building permit reviews; pollution prevention and good housekeeping, they swept about 600 miles of streets, inspected about 70 catch basins and repaired about 12; they are picking up litter baskets several times a week.

Trustee Kane asked Mr. Conetta to describe what is meant by illicit discharges.  Mr. Conetta replied that what is allowed to drain into the system is residential car washing, declorinated swimming pool water, basement sump pump discharge and seasonally high ground water.  He stated that not allowed is oil from a car, connecting a house drain to a storm sewer system, a leaking sanitary line near a storm line or connecting floor drains from an industrial building.

Mr. Conetta reported that currently Kaplan’s Pond is completed and is functioning well; on High St., they have completed the contract and design documents and are waiting to obtain easements; Batten Brook,  they are wrapping up the design reports and hope to begin late summer/early fall; Brook St., they are waiting for DEC approval for check dams; and for the Train Station Parking Lot, they have completed some field inspections and have run into some delays, such as last Thursday and Friday, but there was a crew out today; soil borings are being taken for the parking lot; they are in the process of generating cross sections such as slope of surfaces and the elevation and they are in the process of putting together various parts of a grant application which is due June 1st and is on schedule.  Mayor Schmidt stated that this is an on-going process to make sure rivers and streams are kept clean.


4.      CORRESPONDENCE:
Village Manager Herbek read the following correspondence (full text available at the Village Office):
a)      A letter from Karen Timko, Director, Environmental Compliance, asking that when the Villages is reviewing site plans and construction permits, careful attention be given to whether the project has appropriately contained stormwater runoff which will not adversely affect the Metro-North right of way.
b)      A letter from Susan M. Snyder, Recreation and Parks Dept., regarding closing streets in the Upper Village on Sunday, June 3rd for Summerfest.  Trustee Kane made a motion to approve the request as stated in her letter dated May 9, 2007; Trustee Brennan seconded the motion; approved unanimously.
c)      A letter from Teresa Waivada, Westchester County Industrial Development Agency, reporting that the Symphony Knoll Public Hearing will be held on June 19th at 10 am in the Village municipal building.
d)      Ann Swain, Saw Mill River Audubon Society, regarding the possibility of encroachments of their easement by Arrowcrest residents.  Village Engineer Dan O’Connor responded that he knows of 2 encroachments on conservation easements – one a swing set/play area by a stone wall and the other by a small portion of a pool deck and some grading that was done.  He added that he has had meetings with these residents and it is being handled via various boards; they are addressing both issues.  Mayor Schmidt stated that there are no markers and the residents may have mistakenly been told where the property lines are located.  Trustee Kane agreed that some notice should be sent to homeowners that may be second or third owners and may not be aware of the easements.  Trustee Brennan added that he agrees it is important to get this out there to the residents on Arrowcrest.
e)      A letter from Danny Oks requesting a Special Permit renewal for another 3 years for Something Good in the World.  Mayor Schmidt stated that they must get their zoning variance first before the Trustees can consider the Special Permit renewal.  Trustee Brennan said that he inquired of the Village Engineer about the facility and things have been running smoothly; possible traffic problems do not seem to have happened.  He added that he has not heard of any complaints.  Trustee Kane made a motion to renew the Special Permit pending receiving approval from Zoning Board.  Mayor Schmidt recommended that the Zoning Board should rule before it comes to the Village Board to make sure it follows prescribed procedures.  There was no second on the motion.  Trustee Brennan stated that he does want to follow protocol; however, he said that he feels it is an exemplary run school.
f)      A memo from Village Engineer Dan O’Connor, recommending a building permit extension for 25 Grant Street.  Trustee Brennan made a motion to approve the extension, seconded by Trustee Kane, unanimous vote in favor.

CITIZEN PARTICIPATION-Agenda Items
a)      Fran Allen, 7 Finney Farm, stated that she is concerned about the series of letters from the Audubon Society that were not responded to; the Audubon have been wonderful neighbors and they have allowed the Village to re-route a trail through Brittan Brook.  Ms. Allen also questioned how conservation easements are handled in the Village; she suggested they are not being monitored or handled as they should.  Ms. Allen suggested that someone should identify where easements are, such as putting up monuments or markers as is done on corner lots.  Ms. Allen inquired on how it is monitored so people are not encroaching on easements and is there a number of years before an easement lapses; they may be in danger of losing some easements.  Ms. Allen added that sending violations to various Boards puts these Boards in a poor position and encourages violations and then asking for permission.   Mayor Schmidt replied that the Village takes these violations seriously; that is one of reasons behind hiring an additional staff member in the Engineering Dept; they need to make sure these easements are in a deed when the property is sold.  He agreed that it is a good idea to mark these easements and he will take a good look at this.  Village Manager Herbek replied that there are hundreds of other easements the Village has and it would be difficult to put monuments along each of these easements, however, this can be done for conservation easements.
b)      Michael Goetz, 13 Irving Ave., regarding Mayo’s Landing, asked what the agenda for that designation was.  Mayor Schmidt replied that they have a couple of resolutions on the agenda tonight; first adopting the idea of a conservation area and then designating Mayo’s Landing as part of that.  Michael Goetz added that his concern is that his son was with his dog which was not on a leash, went into the water and was in violation; this is one place he can run and go swimming with dog; he spent time cleaning the area up last year and last summer was the worse for disturbances and had non-residents using the area plus added debris.  He stated that it is it very clean right now; he feels that there is no erosion there and may not need any plantings.  Trustee Konig suggested he listen to the resolutions as a lot of these issues are being addressed.
c)      Phyllis Morrow, Nordica Dr., regarding Mayo’s Landing, stated that when Finney Farm was sold to Hudson National, they were not supposed to cut down many trees, but it was not monitored as it should have been and many trees were taken down; Mayo’s Landing is in danger because issues have been ignored; the area should not be used more than it can appropriately handle; the biggest problem is an invasion from people from long distances coming in caravans of cars; it is asking a lot for police or neighbors to monitor.  Ms. Morrow added that her idea is for the Village to put up a temporary sign closing it for one season for conservation; she cannot sanction swimming without proper supervision and facilities; she didn’t move to Nordica Drive to have police go up and down the street or a lot of traffic.  She suggested no parking from Memorial Day to Labor Day on the Mayo’s side of the street. She added that she has suggested free passes for Croton residents for Croton Point Park after 4 pm to accommodate those who work and return home later in the day.  Ms. Morrow added that there are incidences on the police blotter of vandalism and indecent exposure.  She and her neighbors have had hundreds of cars turning around in their driveways; they all do not want to shut down use of the Croton River, but use it appropriately. She asked what can be done to stop people from coming down there without putting undo burden on police or those who live there.  Trustee Konig replied that the meetings addressed many of these issues and the resolutions encompass these issues; the decision was to not put a fence there for the season, but the way it should work is like an invisible fence; with these things in place, the patrol boat and checks by police, they expect to see a big improvement down there.  Ms. Konig added that there is a big effort on the part of the Board and Staff to make this commitment and asked Ms. Morrow and her neighbors to give it a try.  Mayor Schmidt added that they’ve listened to a lot of residents who live there; this is a middle of road solution and the Police, the Recreation Dept. and the Village have made a commitment to keep an eye on this area; it is a first step and they have every intention to make this area secure and an asset to the community.
d)      Rick Turner, 45 Truesdale Drive and on the Croton River Compact Committee, stated that the Board has received a report on Mayo’s landing and they made some very specific recommendations.  He was curious to see how the rules are being promulgated and questioned that the responsibility to set rules lies solely on the Village Manager and thinks that this is a Board and/or a public issue.  Mayor Schmidt replied that the Board has made specific recommendations and there is a list; the major thing is that it is open only to residents with a valid ID to control how many people go down there; they intend to do enforcement and, if need to do more, they will do more.  Mr. Turner suggested that they should take one step at a time, let common sense be the guide; the key to Mayo’s Landing is addressing parking; also, the presence of the patrol boat made an enormous difference last year.  Trustee Brennan stated that if any ideas are not working, it can be brought back to the Board.  Mr. Turner replied that unless the police can come onto land, it is not effective; when people saw the boat they did not respond unless the police appeared.
e)      Bob Wintermeier, 43 Radnor Ave., congratulated the Fire and Police Departments for the work they did during the storm, especially Officer Morrison for having people vacate the area because of the danger of live wires.  Mr. Wintermeir suggested that residents call Con Edison rather than the Police Dept.; three pages of calls went in to the Police Dept. who are not required to call ConEd. Mayor Schmidt replied that residents should call the Police Dept. if a tree is down, etc., but ConEd should be called for power problems.  Mr. Wintermeir agreed that residents should call Village Police if there are dangerous situations; adding that a lot of people had trouble communicating, but he could make calls using an old Verizon phone.  He added that the Village staff gave good information about when electricity might be restored and the fact that ConEd was giving out dry ice. He suggested that residents should consider having a crank-type radio which work well in this area.

RESOLUTIONS:
a)      On the 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 purpose of the Croton-on-Hudson Conservation Area designation is to protect natural features, cultural heritage and wildlife in environmentally sensitive areas of Village owned properties by establishing policies that limit or prevent detrimental activity in the sensitive area, and

WHEREAS the creation of the designation “Croton-on-Hudson Conservation Area” will allow the Village Board of Trustees to award the status of Croton-on-Hudson Conservation Area and enforce regulations associated with that designation, and

WHEREAS various regulations, such as no camping, no fires, no alcoholic beverages or no excessive noise of any kind, can be included in the designation of an area at the Boards discretion,

NOW THEREFORE BE IT RESOLVED that the Village Board creates the designation of Croton-on-Hudson Conservation Area, and

BE IT FURTHER RESOLVED that the status of Croton-on-Hudson Conservation Area will be awarded by resolution of the Board of Trustees to appropriate properties in order to protect the natural habitat and features of environmentally sensitive areas in the Village.

b.1)On motion of Trustee Kane, seconded by Trustee Konig, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:  

WHEREAS, Mayo’s Landing, designated on the tax map as Section 79.10 Block 1 Lot 14 is located in a Critical Environmental Area as designated by Westchester County;  and

WHEREAS, The Village Board of Trustees has determined that in order to protect this property it should be designated a Croton on Hudson Conservation Area; and

WHEREAS, the designation of Croton on Hudson Conservation Area allows the Board of Trustees to impose certain restrictive policies on this property; and

WHEREAS, this action is an unlisted action under SEQRA; and

WHEREAS, a Short Environmental Assessment Form has been completed,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees declares itself
        Lead Agency with respect to this action,

AND BE IT FURTHER RESOLVED:  that the Village Board of Trustees hereby adopts the attached Negative Declaration with respect to his action.


b.2) On the motion of Trustee Kane, seconded by Trustee Konig, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:
        WHEREAS, the Village originally acquired the parcel of land known as Mayo’s Landing in 1945, designated on the tax maps and tax assessment rolls of the Village of Croton-on-Hudson as Section 79.10 Block 1 Lot 14, to provide Croton residents with access to the Croton River for fishing and boating, and

WHEREAS, the entire parcel earned special protection as a Critical Environmental Area as
part of SEQR protection adopted by the Westchester County Legislature because it is a natural setting, has recreational value and has an inherent ecological sensitivity to change that may be adversely affected by any change, and

WHEREAS, overuse of the area resulted in damage to vegetative ground cover and storm
water runoff caused erosion on the slope, and

WHEREAS, the Board of Trustees created the designation of Croton-on-Hudson
Conservation Area to be awarded to a tract of land in order to ensure the protection of its natural features, cultural heritage and wildlife by establishing policies that limit or prevent detrimental activity in the sensitive area, and

WHEREAS, the parcel represents a unique resource, providing access to the Croton River
for fishing and boating while creating a place to observe serenely the river and wildlife, that the Board desires to protect and preserve,

NOW THEREFORE BE IT RESOLVED that the Village Board designates Section 79.10 Block 1 Lot 14 as a Croton-on-Hudson Conservation Area, and

BE IT FURTHER RESOLVED that in order to adequately protect the area the Village
Board hereby requires that a Village Parks ID or a valid NYS fishing license is to be provided for access, and

BE IT FURTHER RESOLVED that the Village Board directs the Village Manager to install signs identifying the site as a Croton-on-Hudson Conservation Area, limiting use to valid Village Parks ID or NYS fishing license holders, and listing all other regulations.


Discussion: Mayor Schmidt stated that this insures limited access to the facility but keeps it open to Village residents, school district residents and those with a valid fishing license; it will help the neighbors and regenerate the area; several committees and Village employees will be focusing on protecting and correcting some of the problems. Trustee Kane expressed his reservations concerning the ID system being used and also that the parking situation is not being addressed; he has serious issues with public trust doctrine with having an ID system in place; he feels it leaves the Village open to a lawsuit; these are very complicated issues that should be taken one step at a time.  Trustee Kane suggested a carrying capacity should be determined; this would be shrinking the pool but it should be shrunk further.  Mayor Schmidt replied that this is a first step, they have no way of determining the carrying capacity; the parking issue is not a simple fix; a permit-only process would take months to get through and would not get to the threshold of controlling parking within that time.  He added that they will actively continue the police boat through the summer; the Town is committed to enforcement throughout the summer; the committee has recommended limiting access to valid ID as one of the options.  Attorney Feldman stated that she discussed this with Attorney Staudt and they both feel they can limit access to Village residents only and both are comfortable with this.  Trustee Brennan stated that this is something that must be tried, there is a fine line between State and Federal laws; this needs to be moved along, but can be changed.  Mayor Schmidt added that the Village will be as sensitive as possible regarding signage, but there is a need to make a statement and the signage this year may not be discreet nor sensitive this year and will be at the top of the hill; signs can be stepped back in the future but they need to be firm and visible.  Trustee Kane responded that he doesn’t feel there is a need for a 42nd St. type marquee visible from back porches; suggestions were given on how to do this in a responsible manner.  Trustee Brennan stated that they took a tour in the area and the only sign there is a keep out sign close to the water; it makes sense to have a sign at the top to let people know the regulations; fencing or screening off was considered a bad idea by the police because they couldn’t see what was going down there; this will be a nice sign with no flashing lights and will fit into the neighborhood.  Village Manager Herbek stated that the first sign is probably going to be standard street sign as others in the Village; it may ultimately be replaced by something more rustic.
c)      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 Village participates in the National Flood Insurance Program (NFIP); and

WHEREAS, the new Flood Insurance Rate map establishing 100 year base flood evaluations for the Village has recently been completed by the Federal Emergency Management Agency (FEMA);  and

WHEREAS, the New York State Department of Environmental Conservation Division of Water has supplied the Village with a model local law on flood plan management; and

WHEREAS, the NYS DEC Division of Water has advised the Village that it must adopt a new local law to reflect updated federal and state regulations; and

WHEREAS, in order to remain a participant in NFIP a new law must be adopted by September 28, 2007; and

WHEREAS, Local Law Introductory No. 2 of 2007, a local law for flood damage prevention, has been prepared,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby calls for a public hearing on June 18, 2007 at 8pm in the meeting room of the Stanley H. Kellerhouse Municipal Building to consider Local Law Introductory No. 2 of 2007, a local law for flood damage prevention.  

d) On motion of Trustee Kane, seconded by Trustee Konig, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:  

WHEREAS, the Recreation Department had budgeted $12,000 in the operating budget to perform repairs to the dam at Silver Lake; and

WHEREAS, these type of repairs can only be done under drought conditions; and

WHEREAS, a capital fund for Silver Lake Dam repair has been established for this purpose,

NOW THEREFORE BE IT RESOLVED: that the Village Treasurer is hereby authorized to transfer $12,000 from the 2006-2007 General Fund Budget as follows:

Decrease Account # A7140.4140 by $12,000
Increase Account # H-7140.2106.05129 by $12,000

e)      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 has reached a settlement agreement with Striclin Realty whereby the Village of Croton on Hudson will purchase 78.12-3-3 for $900,000; and

WHEREAS, the purchase is subject to an environmental assessment of the property; and

WHEREAS, Tri-State Engineering has completed the Phase I Environmental Assessment of the property; and

WHEREAS, Tri-State Engineering is recommending further review consisting of surface sampling for contaminants and a ground penetrating radar scan; and

WHEREAS, the Village Attorney has recommended the further testing,

NOW, THEREFORE BE IT RESOLVED:  that the Village Manager is hereby authorized to accept the recommendations of Tri-State Engineering for surface sampling for contaminants in the amount of $5,000 and a ground penetrating radar in the amount of $1,500.  

f) On motion of Trustee Kane, seconded by Trustee Konig, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:  

WHEREAS, over the years the Village of Croton on Hudson has entered into an agreement with the SCPA of Westchester, Inc. to provide shelter services to the Village on an annual basis; and

WHEREAS, it is now necessary for the Village to renew this agreement for the next fiscal year commencing June 1, 2007,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the agreement with the SCPA of Westchester, Inc. to provide certain services to the Village for seized, stray and homeless dogs and cats in accordance with the terms of the agreement at the annual cost of $6,111.0


g) On motion of Trustee Kane, seconded by Trustee Konig, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:  

WHEREAS, Sportswear bid proposals were opened on May 10, 2007 and five companies submitted bids; and
WHEREAS, Superintendent of Recreation Susan Snyder, after making a comparison of unit prices for the approximate minimum amount they will order for each item, has recommended that the contract be awarded to Printwear, Inc., for all items; and

WHEREAS, the Village has ordered from Printwear, Inc., in the past and has been satisfied with their quality and customer service,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to award the contract for sportswear to Printwear, Inc., of Mamaroneck, NY at a price of $6,919.90,
AND BE IT FURTHER RESOLVED: ~that the amount of $6,919.90 be charged to the following accounts:

A7180.4200
$443
A7310.4200
$1,992
A7020.4200
$120
A7140.4200
$4,366

h)      On motion of Trustee Brennan, seconded by Trustee Kane, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York:  

WHEREAS, during the May 16, 2007 severe storm the roof of the Skyview Sanitary Sewer Pump Station was damaged; and

WHEREAS, it was necessary to get the roof repaired as soon as possible; and

WHEREAS, this emergency situation did not allow time to get three estimates; and

WHEREAS, Gallagher Roofing was able to repair the roof on May 21st for a cost of $3,200,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby approves the expenditure of $3,200 from the sewer fund to pay for the repair to the Skyview Sanitary Sewer Pump Station.

i)      On motion of Trustee Konig, 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 Croton Arboretum and Sanctuary, Inc. is applying to the NYS Office of Parks, Recreation and Historic Preservation (OPRHP) for a grant under the Environmental Protection Fund for a park project to be located at the Jane E. Lytle Memorial Arboretum, a site located within the territorial jurisdiction of this Board; and
WHEREAS, as requirement under the rules of these programs, said not for profit corporation must obtain the “approval/endorsement of the governing body of the municipality in which the project will be located”;
NOW, THEREFORE, be it resolved by this august body that the Board of Croton-on-Hudson hereby does approve and endorse the application of the Croton Arboretum and Sanctuary, Inc. for a grant under the Environmental Protection Fund for a park project known as a handicapped accessible boardwalk trail and located within this community.
And Further, it is resolved that, should the Croton Arboretum and Sanctuary Inc. be unable to do so, said property shall be forever maintained by Croton-on-Hudson as a municipal park in this community consistent with the rules promulgate by OPRHP.
Date of Adoption:
Certification of Clerk.

7.      CITIZEN PARTICIPATION – NON-AGENDA ITEMS:
Michael Goetz, stated that trees have fallen; when a sidewalk was put in by the Village, the tree roots were cut and asked whose liability is this?  The reply was that the Village will take the trees away and grind down stumps, but not repair the sidewalk.  Village Engineer Dan O’Connor added that the sidewalk repair can be included in the sidewalk program; if it is a real hazard, the resident can patch the area until the Village gets to it.  Mr. Goetz stated that he previously had asked that Special Permits for non-conforming use be shortened to a 6 months period and has anything been done; most Villages have it 6 to 9 months, not 1 year.  Village Manager Herbek replied that they will be starting the last phase of zoning law updates and it is a logical component that should be looked at.

Phyllis Morrow stated that the pump house roof across from Mayo’s Landing is in complete disrepair for some years and needs to be addressed.

8.  APPROVAL OF MINUTES:
Trustee Brennan made a motion to approve the minutes of the Regular Board Meeting held on May 7, 2007 as corrected.  Trustee Kane seconded the motion.  The Board voted unanimous approval.
        
Trustee Brennan made a motion to approve the minutes of the Executive Session held on May 14, 2007.  Trustee Konig seconded the motion; unanimous approval.
        
9. REPORTS:
Village Manager Herbek reported that his administrative aide, Emily Fannon has accepted a new position and will be leaving the Village; she is moving to Aspen Colorado.  He added that the Village has been the beneficiary of her work, especially the Village web site and grant applications.  He extended his thanks and wished her good luck from all the Board Members.

Treasurer Zambrano  no report.

Trustee Konig reported that the right shout-outs went out tonight to the DPW, Cortlandt and also congratulations to the residents who were helping out neighbors until lights went on and trees were repaired.  Trustee Konig asked Village Manager Herbek about what is going on with the Duck Pond field.  Village Manager Herbek replied that there is a tree on the back-stop and it needs a new chain-link fence to make the field usable.  Village Engineer O’Connor said that the field is closed, the whole back stop needs to be replaced and it will take some time to get repairs completed.

Trustee Kane reported that the Village got a great job from the Village staff and the administrative staff; the DPW worked on efficient tree removal and he complimented Ken Kraft, Tony Conetta and Dan O’Connor for their reports.  Trustee Kane thanked the Croton River Compact Committee; stating that they will be studying Croton River easements and will keep the Board updated.

Trustee Brennan offered accolades to everyone- the Police Dept., the Fire Dept., residents, and staff; everyone pulled together. Trustee Brennan reported that regarding Mayo’s Landing, there may be some disagreements, but they will see some change there.  Trustee Brennan stated that after all the storm damage is cleaned up, there are still street lights out in the Village and asked residents to call to get these taken care of.  He offered Good Luck to all High School sports and graduation participants.

Mayor Schmidt reported that on Monday, May 28th, Memorial Day ceremonies will be taking place at 11 am in Veteran’s Plot; please stop by and pay respect.  He added that another ceremony will be at Town Hall at 12:30.  Mayor Schmidt reported that this past weekend the Fireman’s Parade was held and it was a great day and fairly well attended by the public; they deserve respect and honor by the community.  Mayor Schmidt added that regarding storm damage, please try to catch the information given tonight or call the DPW to get debris out to street; collection will be done in a timely manner; some things are a little behind, but will be done ASAP. He reported also that Summerfest is June 3rd; it is a great time to spend the day with your neighbors and the groups who do much for the community.

Trustee Brennan made a motion to adjourn.  Trustee Kane seconded the motion; approved unanimously.  The meeting was adjourned at 10:50 p.m.


Respectfully submitted,

Phyllis A. Bradbury
Phyllis A. Bradbury, Secretary




Village Clerk