Documents

minutes 14 pages

A Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, August 8, 2011 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520. Mayor Wiegman Trustee Gallelli Village Manager Zambrano Trustee Murtaugh Village Attorney Staudt Trustee Schmidt Treasurer Bullock Trustee Raskob-Absent 1. CALL TO ORDER: Mayor Wiegman called the meeting to order at 8:10 p.m. Everyone joined in the Pledge of Allegiance. 2. APPROVAL OF VOUCHERS: Trustee Gallelli made a motion to approve the vouchers as follows, subject to review by the Audit Committee. The motion was seconded by Trustee Schmidt and approved with a vote of 4-0 with one absent. 2010-2011 General Fund 96,696,61 Water Fund -0- Sewer Fund 3,900.00 Capital Account -0- Trust & Agency -0- Total $ 100,596.61 Trustee Schmidt 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 with a vote of 4-0 with one absent. 2011-2012 General Fund 348,272.27 Water Fund 14,343.47 Sewer Fund 9,772.62 Capital Account 17,603.88 Trust & Agency 5,371.18 Total $ 395,363.42 3. PRESENTATIONS: none 3a) Mayor Wiegman noted that at the Special Meeting held on July 25th, the Board chose to Village Board Meeting August 8, 2011 rescind the resolution for taping of special meetings and bring a resolution to the meeting of 8/8/11; this has not been brought to the Board tonight because other options are being considered. 4. CORRESPONDENCE: Village Manager Zambrano read the following correspondence (full text available at the Village Office): a) A letter from the Planning Board regarding Designation of Lead Agency for an application for a single family dwelling, 50 Half Moon Bay. Trustee Gallelli stated that she thinks the Planning Board should be Lead Agency on this application; most all the background work will have to be done by the Planning Board. Mayor Wiegman stated that this parcel is the one referred to as the “restaurant”. Trustee Gallelli made motion to consent to the Planning Board to become Lead Agency in this application; second by Trustee Murtaugh, approved with a vote of 4-0 with one absent. b) A letter from Allison Stadtmueller, Senior Acct. Coordination, LeadDog Marketing Group, regarding Bike MS Sunday, September 25, 2011. The Board unanimously approved the request. c) A letter from Jud Ramaker, Race Director, Harry Chapin Memorial Run Against Hunger regarding their Annual Run for Hunger Race, October 16, 2011. Trustee Murtaugh made a motion to approve the request for cooperation for the HCMR; second by Trustee Schmidt; approved with a vote of 4-0 with one absent. d) A letter from Sandra Galef, NYS Assemblywoman, regarding the local court consolidation bill; Ossining consolidation will become effective on Jan 1, 2012. e) A letter from NYS Dept. of State regarding coastal fish and wildlife habitats along the Hudson River; for more information, look at www.nyswaterfronts.com Trustee Gallelli stated that it says they are considering 17 habitats, but none are in Westchester. f) A letter from Paul Feiner, Greenburgh Town Supervisor, with follow up suggestions in reference to the Clarkstown arbitration panel award. g) A letter from Robert Hoch, Director, Cablevision Government Affairs, regarding re- positioning of the Independent Film Channel h) A letter from Robert Gaudioso, Snyder & Snyder, LLP regarding a special permit renewal for Nextel Communications. Trustee Gallelli made a motion to refer this to the Planning Board for a recommendation; second by Trustee Murtaugh, approved with a vote of 4-0. i) A letter from Charles Schumer, US Senator, announcing that the US Dept. of Homeland Security’s Federal Emergency Management Agency Grant Programs Directorate will soon be accepting applications for the 2011 Assistance to Firefighters Grant Program. 5 CITIZEN PARTICIPATION (agenda items): a) Ginny Calcutti, 19 Hunter Place, questioned authorizing the Village Manager to purchase a maintenance bond for tanker fire apparatus and does it not come with warrantees. Village Manager Zambrano replied that the Village Attorney reviewed the contract and recommended purchasing a maintenance bond to protect ourselves. Village Attorney Staudt added that it comes with the standard guarantees, but there are instances where the contractor goes bankrupt; there is no certainty anymore; it will ensure us against that risk; the bonding Village Board Meeting August 8, 2011 company is agreeing that if anything goes wrong, they will step in and take care of it. Ms. Calcutti asked if the tax refunds being voted on tonight are in addition to what was done last meeting. Village Manager Zambrano replied that it is an additional piece of property. Ms. Calcutti asked how do we amend a budget after it is passed. Village Manager Zambrano replied that the State requires us to do this; whatever funds are available that fiscal year must cover the expense. Ms. Calcutti, regarding the Executive session that was held at 7:30 pm, asked if it does have to be announced first. Village Attorney Staudt replied that the availability of the agenda covers the announcement. b) Roseanne Schuyler, Olcott Ave., stated that she is pleased that the Board will be considering alternatives to the recording of special meetings and work sessions as she brought up a few weeks ago. She added that to increase openness in government, she is suggesting leveraging the power of modern technology to do so; our ability to do that today is much greater these days; she suggested that the Board look into making its public record public on its web site rather than requiring foil requests. c) Pat Moran, 49 Penfield, stated that she is also glad the Board is taking the position to record work sessions; she suggested that lengthy reports be televised. Ms. Moran asked, when approving vouchers, what does subject to approval of Finance and Audit mean. Mayor Wiegman explained that this is subject to review by the auditors. Ms. Moran suggested putting back up documents with the agenda. Village Manager Zambrano responded that there is a large stack of papers each week and it would not be practical. Ms. Moran asked if Village Manager Zambrano met with the DPW consultant. Mr. Zambrano replied that he did and the Consultant will be at the last meeting of Sept. which will be televised. Regarding the budget items for 2010-2011, Ms. Moran asked for an explanation of the procedure of how this is accomplished. Village Manager Zambrano and Treasurer Bullock explained the process. Treasurer Bullock stated that these are really transfers, not amendments and perhaps should be called that; the total remains the same. 6. PROPOSED RESOLUTIONS: a) On motion of TRUSTEE MURTAUGH, seconded by TRUSTEE GALLELLI, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a vote of 4-0 with one absent: WHEREAS, several residential property owners and or their representatives have filed a small claim assessment review with the State Supreme Court seeking an assessment reduction; and WHEREAS, the attached memo provided by the Village Assessor, states a property ID 78.8- 005-028.01 has been granted a reduction in assessment from $26,460 to $23,760; a reduction of $2,700 and should receive a tax refund providing their taxes are paid in full; and WHEREAS, the tax refunds were calculated using the current tax rate of $237.182 per $1,000 of assessed value, Village Board Meeting August 8, 2011 NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees authorizes the Village Treasurer to issue a tax refund to the property owner of property ID 78.8-005-028.1 as outlined in the attached memo from the Village Assessor, AND BE IT FURTHER RESOLVED: that the total amount of the refund as outlined in the attached memo is $640.39 b) On motion of TRUSTEE MURTAUGH, seconded by TRUSTEE GALLELLI, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a vote of 4-0 with one absent: WHEREAS, the Village Board wishes to amend chapter 215 of the code of the Village of Croton on Hudson to control seasonal parking on Village streets and the issuance of special hardship permits to allow for more efficient snow removal; and WHEREAS, Local Law Introductory No.3 of 2011 has been drafted to reflect these changes; NOW, THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby calls for a Public Hearing on September 6, 2011 at 8pm in the meeting room of the Stanley H Kellerhouse Municipal Building to consider Local Law Introductory No. 3 of 2011 amending Chapter 215 of the Village Code. LOCAL LAW I TRODUCTORY O. 3-2011 VILLAGE OF CROTO -O -HUDSO , EW YORK A LOCAL LAW TO REVISE CHAPTER 215 OF THE CODE OF THE VILLAGE OF CROTO -O - HUDSO TO RESTRICT SEASO AL PARKI G O VILLAGE STREETS Be it enacted by the Board of Trustees of the Village of Croton-on-Hudson as follows: Section One. § 215-29 Letter B of Chapter 215 of the Code of the Village of Croton-on-Hudson is amended to add the following sentence at the end of the paragraph in letter B. Vehicles parked in the Municipal Building parking lot, Asbury Methodist Parking Lot, Holy Name of Mary Parking Lot, and Benedict Boulevard Parking lot must be moved within 12 hours after snow has ended. Section Two. § 215-29 Letter C is hereby replaced with the following paragraph: C. Special hardship permits. In cases where there is no off-street location or right-of-way area which can be used, the Village Manager shall, upon written application on forms to be supplied by him and verification of the applicant's special hardship, issue an annual permit granting permission to park motor vehicles on the street or public highway except for certain streets designated by the Village Manager, upon recommendation of the Superintendent of the Department of Public Works, provided that such parking conforms to all other laws and Village Board Meeting August 8, 2011 regulations. No permit parking shall be permitted on those streets designated by the Village Manager. Hardship permit holders shall move their vehicles no later than 12 hours after the snow stops. Section Three. This local law shall take effect immediately upon filing with the Secretary of State. c) On motion of TRUSTEE SCHMIDT, seconded by TRUSTEE MURTAUGH, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a vote of 4-0 with one absent: WHEREAS, the Village Board wishes to amend chapter 160 of the code of the Village of Croton on Hudson to further restrict the weekend operational hours of motor driven lawn and garden equipment; and WHEREAS, Local Law Introductory No.4 of 2011 has been drafted to reflect these changes; NOW, THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby calls for a Public Hearing on September 6, 2011 at 8pm in the meeting room of the Stanley H Kellerhouse Municipal Building to consider Local Law Introductory No. 4 of 2011 amending Chapter 160 of the Village Code. d) On motion of TRUSTEE MURTAUGH, seconded by TRUSTEE GALLELLI, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a vote of 4-0 with one absent: WHEREAS, at the Village Board Meeting of May 2, 2011 the Village Board authorized the Village Manager to award the bid to Excelsior Fire Equipment Sales in the amount of $579,953 for the purchase of a Tanker Fire Apparatus; and WHEREAS, after review of the contract by the Village Attorney it has been determined that a maintenance bond be purchased to protect the Village in case the contractor is unable or unwilling to perform its contractual obligations after the Tanker Fire Apparatus is accepted; and WHEREAS, the cost of the maintenance bond is $8.00 per $1,000 of the value of the Tanker for a total cost of $4,640; NOW, THEREFORE BE IT RESOLVED: that the Village Manager is authorized to purchase a maintenance bond in the amount of $4,640; to protect the Village in case the contractor is unable or unwilling to perform its contractual obligations after the Tanker Fire Apparatus is accepted AND BE IT FURTHER RESOLVED: that the Village Board authorizes the Village Treasurer to transfer $4,640 from Contingency Account #A1990.4000 to Capital Account #H3410.2010.11224 Village Board Meeting August 8, 2011 e) On motion of Trustee Murtaugh, seconded by Trustee Schmidt, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a vote of 4-0 with one absent. WHEREAS, the Treasurer has analyzed the 2010/11 year to date budget and recommends the following budget transfers as detailed below, NOW THEREFORE be it resolved that the Village Treasurer is authorized to make the following amendments to the 2010/11 budget to reflect these changes: GE ERAL FU D INCREASE Dept Item Amount A1110 2,874 A1110 A1210 A1230 5,000 A1320 10,700 A1325 8,400 A1325 A1325 A1325 A1355 A1410 1,775 A1410 A1420 A1420 58,330 A1420 12,761 A1420 A1440 12,300 A1440 7,700 A1440 A1450 A1450 A1460 7,770 A1460 1,401 A1620 3,665 A1620 A1620 11,651 A1620 6,700 A1620 A1620 1,495 A1640 22,021 A1640 1,160 A1650 5,800 A1680 5,200 A1680 A1680 1,500 Village Board Meeting August 8, 2011 A1920 1,200 A1960 52,100 A3120 47,100 A3120 3,520 A3120 1,440 A3120 1,615 A3120 A3189 A3310 4,950 A3410 A3410 1,960 A3410 18,170 A3410 13,900 A4540 A4540 17,000 A4540 1,736 A4540 A5010 A5010 4,674 A5010 A5110 A5140 7,625 A5140 25,755 A5140 A5142 82,650 A5142 76,280 A5182 7,675 A5183 155,427 A5650 1,803 A5650 A5650 A6410 1,214 A6410 1,030 A7140 1,630 A7140 1,150 A7510 1,800 A7550 A7610 A8010 A8090 132,341 A8090 37,635 A8090 A8140 36,770 A8140 1,016 A8140 A8160 88,962 A8160 2,118 A8160 A8170 16,121 Village Board Meeting August 8, 2011 A8170 A8510 6,522 A8560 11,206 A8710 A8760 A8760 6,850 A8790 2,683 A9050 10,327 A9060 6,332 A9060 Total Increases $ 1,093,959 DECREASE A1110 1,604 A1110 1,274 A1110 4,500 A1210 A1230 1,327 A1230 2,687 A1230 A1230 A1320 A1325 A1325 1,304 A1325 1,000 A1355 1,000 A1355 A1410 A1440 A1440 5,753 A1440 A1440 A1440 1,060 A1450 A1450 A1460 7,770 A1460 3,450 A1620 7,940 A1620 A1620 1,000 A1640 5,200 A1640 1,480 A1640 1,840 A1640 14,375 A1640 6,000 A1640 6,469 A1650 12,975 A1650 3,266 A1680 49,000 Village Board Meeting August 8, 2011 A1910 25,960 A1950 25,926 A1980 6,000 A1990 A3120 47,100 A3120 8,339 A3189 A3410 A3410 1,636 A3410 1,763 A3410 3,420 A3410 1,290 A3410 2,377 A3410 1,200 A3410 2,280 A3510 3,630 A4540 1,274 A4540 6,101 A4540 1,634 A4540 1,246 A4540 1,695 A4540 10,000 A5010 54,014 A5110 560,667 A5110 9,600 A5110 4,552 A5182 A5650 6,660 A7140 14,490 A7310 37,000 A7310 8,300 A7310 4,095 A7510 1,430 A7510 A7550 A7610 A7610 3,500 A7610 4,000 A8020 13,348 A8510 1,241 A8560 1,572 A8560 10,250 A8710 2,271 A9040 8,400 A9045 5,200 A9060 40,000 Village Board Meeting August 8, 2011 Total Decreases $ 1,093,959 WATER FU D INCREASE Dept Item Amount F1320 1,794 F1650 F1910 F1980 F8310 25,073 F8310 1,074 F8320 18,751 F8320 13,810 F8320 F8320 F8340 20,880 F8340 7,881 F9030 5,020 F9045 F9060 35,135 F9060 3,725 F9060 Total Increases $ 135,311 DECREASE F1650 2,559 A1650 20,805 F1990 15,800 F8310 4,512 F8340 51,955 F8340 24,860 F9040 14,820 Total Decreases $ 135,311 SEWER FU D INCREASE Dept Item Amount G1320 1,000 G1650 Village Board Meeting August 8, 2011 Total Increases $ 1,685 DECREASE G1990 1,685 Total Decreases $ 1,685 7. CITIZEN PARTICIPATION (non-agenda items): a) Ray Fortini, 21 Wolf Rd., stated that he has a water issue; the hydrant is in and is flushed regularly, but the problem of brown water still exists; he showed his water filters from June and July and stated that he cannot wait 2 years for a resolution of the problem. Village Manager Zambrano replied that he will be bringing in a water consultant to meet with the Board at a work session. Mr. Fortini stated that he would like to be there and be kept up to date; he has been paying his water bill and would like a refund or waiver for paying the water bill and asked how he would go about requesting this. Village Manager Zambrano replied that he is not sure that can be done; it would be setting a policy, unfortunately. Mr. Fortini replied that he will give his receipts for his expenses to be reimbursed. Village Manager Zambrano stated that one option is an additive that can be brought back to the Board for reconsideration and have the consultant bring more recent information. Mr. Fortini stated that the water problem has gotten worse in the last few years, especially the last year. Trustee Murtaugh asked Village Engineer O’Connor if there is any temporary short term solution. Engineer O’Connor replied that the brown water is coming from the metal pipes and the only way to stop that is to add the chemical zinc orthophosphate which would slow down the iron coming from the pipes; replacing pipes is a long process; Cook and Wolf streets are a dead-end situation and it will take some time to put the model together to loop the area; the only thing to do right now is to bleed off the water. Mr. Fortini stated that the Water Dept. said that they will be doing this once a month. Trustee Murtaugh asked if this is better any time of the year. Engineer O’Connor replied that right now would be the worse time because heat causes more corrosion. Trustee Schmidt stated that he understands that looping is the initial task and will not eliminate brown water, but will minimize it; the real solution is to replace the pipes. Village Manager Zambrano added that a cement lining of the pipes is another solution, but very costly. Mr. Fortini asked at what point do the pipes in his neighborhood become critical enough to be replaced. Village Manager Zambrano replied that the Village Board will have to make a decision after all information is received and recommendations made. Mayor Wiegman stated that the High St. and Farrington Rd. project had considerable help from CDBG grants and he is not sure these funds will be available in the future for basic infrastructure. Mr. Fortini stated that last year there was discussion regarding clearing the walkway at Croton Landing in the winter so residents can use that area for winter recreation and suggested that this should be on a future agenda b) Dan Chesnard 64 Farrington Rd., presented a list of names of residents who are against the Village taking of the Gouveia property; it is not a good thing to do at this time; the Village will Village Board Meeting August 8, 2011 be losing tax income and will incur expenses for that property. He added that we have three other properties that could be upgraded – Silver Lake, Duck Pond, and Black Rock instead of acquiring the Gouveia property. c) Ginny Calcutti, Hunter Place, stated that brown water was a problem in her home also and she has bought filters for her home. She questioned the DPW report; why is there a draft, not a report. Village Manager Zambrano replied that is because there were some incorrect data items; when consultants are hired, it is normal practice to have a draft; by August 22nd, he will have the final report for the Board. Ms. Calcutti, regarding the Duck Pond, stated that she hasn’t seen any difference yet. Village Engineer O’Connor replied that the aeration system is in and bubbling; they have skimmed the pond, however the thickness was so great, one day was not sufficient; they will come back again; there is still a lot of phosphorus coming down from the watershed; it will progressively get better, but until a reduction of phosphorus is done, it will not eliminate the problem. He added that Westchester County has a ban on phosphorus in fertilizer. Ms. Calcutti stated that a walkway around the Duck Pond had been suggested and she added to also consider putting up a gazebo. d) Bob Wintermeier, 43 Radnor Ave., expressed support for opposition to acquisition of the Gouveia property; many are against it and he questions what we are going to do with it; what is the cost; he is in opposition and hopes the Board will drop it. Mr. Wintermeier stated that there were several events this past week and the U.S. debt problem reminds him about Croton’s debt problems; people are leaving because of the taxes; suggestions have been made to cut taxes and Ms. Calcutti has talked about salary increases. Village Manager Zambrano stated that as contracts come up, everything is being looked at; it is unreasonable to expect non-union employees to be the only ones to impact lowering taxes; everyone works hard and all work for residents. Mr. Wintermeier stated that he is not a union negotiator; expect someone who knows contractual law the address these; cannot address union stuff, but can address non-union excesses; asking for future changes. e) Ginny Calcutti stated that she is not negotiating, but comparing salaries; anything she wrote about are all fact; we have non-union employees creating problems with the pension fund; longevity is not mandated by the State; she is not picking on anyone unfairly, but is picking on issues. f) Bob Armanini, So. Riverside Ave., read a statement about the Harmon area and a need for delivery accessibility; an accessible experience keeps retail here; more housing will not draw people to shop and eat in Croton; g) Pat Moran stated that she wants to understand the process of how union vs. non-union salaries are determined. Village Manager Zambrano gave her an explanation. Ms. Moran questioned why does it seem non-union gets better benefits than union? Village Manager Zambrano replied that those items are being addressed. Village Board Meeting August 8, 2011 8. APPROVAL OF MINUTES: Trustee Gallelli made a motion to approve the minutes of the Special Meeting held on June 28, 2011. Trustee Schmidt seconded the motion. The Board approved with a vote of 3-0 with one absent and Trustee Murtaugh abstaining. Trustee Schmidt made a motion to approve the minutes of the Regular Board Meeting held on July 11, 2011 as corrected. Trustee Murtaugh seconded the motion. The Board approved with a vote of 4-0 with one absent. Trustee Schmidt made a motion to approve the minutes of the Special Meeting held on July 25, 2011 as amended. Trustee Gallelli seconded the motion. The Board approved with a vote of 4-0 with one absent. 9. REPORTS: Village Manager Zambrano reported that the storm on August 4th caused quite a few trees to come down; there were no injuries and the response was very good; as a result of that storm, the DPW will be picking up debris from that storm during regular yard waste pickup. Village Manager Zambrano reported that Mr. Nagle gave him a quick report about hired EMT; things are going well; they have responded to 62 calls; only 20 calls were not covered; average response time is within 5 minutes and has improved. Mr. Zambrano asked people who live in the Duck Pond watershed to not throw anything in the storm sewers. Trustee Schmidt thanked Bob Armanini for his comments about Harmon; he raised some very good points; creating events brings people into the Village, we should work on how we bring more events into the business district. Trustee Schmidt, regarding cell service, suggested to see what we can do to encourage cell carriers to improve service even more; Verizon maintains phone service even if cell service goes out; Cablevision phone service does not offer this, but he believes you can get a battery backup from Cablevision for phone service; he will find out if you can plug a modem into a battery backup. Trustee Schmidt reported that at the VEB meeting recently, they had 3 sign applications; most people accept the Board’s suggestions; they are doing a great job and are still working with revision of Silver Lake signage. Trustee Schmidt thanked the DPW and Recreation Dept. for the cleanup of the Silver Lake area Trustee Gallelli thanked members of the Fire Dept. for their response to a recent incident. She stated that she wanted to recognize and give a thank you to Liz Thomas who has accepted another job and will be leaving the Recreation Dept.; she has done a wonderful job with the Seniors and everyone wishes her the best. Trustee Gallelli reminded everyone to save the date of Sunday, Sept. 18th , from 2 -5 p.m. for a benefit for Buchanan-Cortlandt-Croton-on-Hudson memorial which will be held at Monteverde Restaurant; more information will be coming. Trustee Murtaugh reported that he visited the EMS house last week and met one of the new EMT’s; they showed him the logs and response time which was generated. Trustee Murtaugh, regarding the fringe benefit package, reported that some things have taken place and when Ms. Calcutti mentioned something, changes were made; more watchdogs are in place at her suggestion. Village Board Meeting August 8, 2011 Mayor Wiegman reported that he saw on the Silver Lake white board that the water was 80 degrees which is much warmer than usual and is lovely swimming conditions. Mayor Wiegman reported that along with recording work sessions; he suggested the possibility of projecting documents we are looking at, perhaps on a wall in this room, during meetings such as this. Trustee Schmidt made a motion to adjourn. Trustee Murtaugh seconded the motion; approved unanimously. The meeting was adjourned at 10:20 pm. Phyllis A. Bradbury Secretary Village Clerk