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March 8 1999
Regular Board Meeting
March 8, 1999
Page 1
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, March 8, 1999 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.


The following officials were present:

        Mayor Elliott                           Trustee Daubney
Treasurer Reardon                       Trustee Grant
        Village Manager Herbek          Trustee McCarthy
        Village Attorney Waldman                Trustee Watkins
        

1. CALL TO ORDER:

Mayor Elliott called the meeting to order at 8:05 p.m. Cub Scouts from Pack 28 lead the assembled in the Pledge of Allegiance.  Mayor Elliott read and presented a proclamation in honor of George Washington Day.


2. APPROVAL OF MINUTES:

Trustee Daubney made a motion to approve the minutes of the Regular Board Meeting held on February 16, 1998 as corrected.  Trustee Grant seconded the motion.  The Board voted for unanimous approval.


3. APPROVAL OF VOUCHERS:

Trustee Grant made a motion to approve the vouchers as follows, subject to review by the Audit Committee.  The motion was seconded by Trustee Daubney and approved unanimously.

                General Fund    $ 149,511.28
                Water Fund       13,128.61                              
                Capital Accounts        326,348.12      
                Trust & Agency    28,425.32                                          
                                                 $ 517,413.33

PUBLIC HEARING:

Mayor Elliott continued the public hearing on Hudson National Golf Course Amended Special permit.

Village Manager Herbek read a memo from Ann Gallelli, Planning Board Chairperson, into the record.  Mayor Elliott thanked Ms. Gallelli for the extraordinary work that was done on this project.  Trustee Grant added her
thanks to all who worked on this for many years for the remarkable job that they did.

Attorney Linda Whitehead, representing Hudson National Golf Club, commented on extending public access to school district residents, stating that she went back to her client and presented the change to them; however, there is some concern about this relating to the fact that in altering materials already presented to members in the offering document, it could open them up to lawsuits from members for misrepresentation and would be in violation of the offering.  She added that this provision was part of the approval, which dates back to 1994 and has already been extended to members of the school golf team, allowing them to practice on the course.  Trustee McCarthy responded by asking if the offering states the possible number of times residents of the Village would be allowed to play on the course.  Attorney Whitehead replied that it is not the number, but the fact that the pool is being broadened and a number of members have expressed concern about that.  Trustee Watkins asked if her client would feel comfortable if they knew that there would be no expansion past the school district request.  Attorney Whitehead replied that this is one of their concerns and she has determined that 20% of the school district population is outside the Village.  Trustee Watkins replied that instead of 40 people playing last year, there might be 48 people playing this year.  Ms. Whitehead replied that the assumption should not be based on last year’s figures as the program got started late in the year and it is anticipated that Village residents will use it more this year.  Attorney Whitehead added that this is an equity club and the offering plan is the same as when someone buys in a homeowner’s association; this item has always been somewhat contentious to the members.  Trustee McCarthy stated that she would assume that the offer would contain some type of proviso or caveat that some of these provisions could change because the Golf Club had not obtained final approval.  Ms. Whitehead responded that they had received approval and a number of memberships were sold before they came back for amended site plan approval.  Trustee Grant asked if the members understand the uniqueness of the school district boundaries.  Ms. Whitehead replied that she does not know what level of discussion has been happening about that, but she does not consider this unique for Westchester County.  Trustee Watkins added that he thinks they are not acting in the spirit that this Board and the Planning Board has addressed this project; it does not expand the number of hours of use and will have no impact.  Ms. Whitehead replied that her client is concerned about disclosure in an offering plan to the members and that members have not been happy with this all along; she added that she believes her client has acted in a spirit of cooperation; that they have gone along with a number of requests for change.  Trustee Daubney added that Hudson National could use the argument to concerned members, which is the same the Village is using, that the number of outside users will not change; last year 110 people signed up, but only 43 actually played and he suspects a large reason is the cost of playing the course which will not be different this year.  Ms. Whitehead responded that even if there is not a change in use, there is a perceived impact by the members.

Joel Klein added that there has been talk for a number of years about incorporating the school district into the Village that will make this issue moot; he would be in favor of allowing school district people to use the Golf Course.

Karen Jescavage-Bernard asked what is the status of the Arboretum water agreement.  Village Attorney Waldman gave Ms. Jescavage-Bernard a copy of the latest agreement, which contains just two changes.  

Trustee Grant made a motion to approve the resolution of Amended Special Permit Approval for Hudson National Golf Club Project.  Trustee Daubney seconded the motion.

Discussion:  Trustee Grant asked what is to be done to resolve the issue of school district residents being allowed to use the golf club.  Village Attorney Waldman added that he was just recently made aware that this is a real problem, he met with Ms. Whitehead today and he would like to see a copy of the offering before changing any wording.  Trustee Grant withdrew her motion and the second was withdrawn by Trustee Daubney.

Trustee McCarthy suggested changes to the agreement: Page 5, Item B, second line, should be other (singular) qualified technical person or firm and Page 13, Paragraph 41, refers to an Environmental Consultant, while on page 8, there is reference to an Environmental Monitoring Consultant.  Village Attorney Waldman replied that they are two different people.

Trustee Grant asked why this is listed as a non-for-profit corporation.  Attorney Whitehead replied that Hudson National Golf Club, Inc. is formed as a not-for-profit corporation and has to act as non-for-profit, but the initial developer can make a profit by building it and selling memberships.

5.  CORRESPONDENCE:

Village Manager Herbek read the following correspondence (full text available at the Village Office):

A letter from Croton on Hudson Chamber of Commerce announcing that they will be honoring Robert Foley, Karen Nocella, Anita Rummel and Jim Anfiteatro Tuesday, March 16th at Mark’s of Grant Street, 4:30 to 6:00 P.M.
A letter from Nancy Kennedy requesting an amendment to a special permit application. Mayor Elliott stated that this will be referred to the Planning Board.  Village Manager Herbek added that since the property is alongside a state highway; it should be referred to the County Planning Board also.
A letter from Rosalind Morrissey regarding the 58th blood drive to take place on Sunday, May 23rd from 9:00 to 3:00 at Croton Harmon High School.
A letter from Marvin V. Church, Westchester County Dept. of Transportation, enclosing a copy of “Connections” a transportation vision plan for Westchester County.
A letter from Francesca Samsel, Croton Cortlandt Center for the Arts, stating her interest in making a set of ceramic tiles to act as a key to the mural Seasons of the Estuary; a more detailed presentation will be make at the March 15th parking lot committee meeting.
A letter from Michael Kaplowitz, County Legislator, with a response to his letter from the City of New York Dept. of Environmental Protection, regarding the flashboards on the New Croton Dam; a copy has been sent to Dan Salzberg.
A letter from John Kirkpatrick, Kirkpatrick & Silverberg LLP, representing Steve Giordano Builders regarding purchase of the sewage treatment plant site.  Mr. Kirkpatrick was present at the meeting to further explain the request.  Mr. Kirkpatrick stated that this property was approved almost ten years ago for an office building; Mr. Giordano is proposing to purchase the site at fair market value and put up an office building which will return the value of the property to the Village and put the property on the tax rolls; he asked for a confirmation of the site plan and variances that they had before and the agreement from the County for building over the easement that goes through the property.  Trustee McCarthy stated that the Gateway Committee was asked to come in with their recommendation and their time to do that has expired or is about to expire and wants to know specifically if there is a proposal coming and when it is coming.  Trustee Daubney added that in January, the Gateway Committee made a pretty firm commitment to make a decision in 2 months; he doesn’t want to continue to drag this out and would like to move forward.  Village Attorney Waldman referred to the second page of the letter, paragraph 4, a & b, and asked if a part of the proposal is that confirmation must be given in 60 days; he added that there can be no assurance of this condition can be met to get site plan approval by the Planning Board; approvals run a duration of three years and they will have to go through the approval process starting over again.  Mr. Kirkpatrick replied that they do not want to go through a long process, if so, this is not the offer they will make.  Trustee McCarthy added that before doing anything with this property, the zoning must be looked at and they must make sure that the health, safety and welfare of the Village has been protected.  Trustee Grant stated that she will abstain from a vote on this property because an issue has been raised of a possible conflict of interest.  Planning Board Chair, Ann Gallelli stated that only a Short Environmental Assessment Form was done on this property for the previous approval and it is a bit unrealistic at this point that this would be sufficient at the present time.  Valerie Leis asked if the Village put the property on the market or did Mr. Giordano approach the Village.  Mayor Elliott replied that the latter is true; that if the property does go on the market, the Village will probably put it out for bid.   Ann DiCioccio asked what Trustee McCarthy meant by floor area ratio.  Trustee McCarthy replied that floor area ratio helps govern the size of the building on the site and would impose certain restrictions so that the building could comprise only a certain percentage of the lot.  It was decided that this matter will be taken up at the work session of March 15th, in Village Manager Herbek’s office at 7:30 p.m.
A letter from Robert Scott, 33 Ridge Road, regarding the sale of the former Sewage Plant property and asked that a decision not be made hastily.
A letter from Susan Lanzillotto, Riverwood Development, regarding the chain & fence at North Highland Avenue.
A letter from John Serafin, Ossining resident, regarding the Quaker Bridge Estate development.


CITIZEN PARTICIPATION:

Carole Mahon, a member of the committee monitoring Metro Enviro, asked if reports go to the Mayor and Board of Trustees.  Village Manager Herbek replied that when he notes items of concern, he asks the Engineering and Building Department to send someone to go out and check; regarding the recent report Ms. Mahon filed, he asked Joe Sperber and the Village Engineer to go out; Joe Sperber went down the next day and a different report was received; he faxed her report to Dan Dashman and they are going out tomorrow to take up some issues with Mr. DelVecchio and Mr. Apollonio.  Village Manager Herbek added that there was a backlog of available rail cars, but more have come in.  Valerie Leis stated that she would like to see Joe Sperber’s report and also see what MetroEnviro did to rectify the situation.  Trustee McCarthy added that there are numerous violations that are occurring.  Valerie Leis stated that the committee may have to review the process with Dan Dashman and perhaps citizens should go with a camera.

Joyce Reyes, Riverside Avenue, asked if the Village is aware that the sewer smell is getting worse.  Village Manager Herbek replied that this has been of concern; they have tried enzymes and asked for advice from the Health Department; it is the intent to send a camera through the lines to identify if there are any breaks.  Ms. Reyes added that since the road has been repaved, now there are dips from the driveway and cars hit the road on Farrington and High Street; she is concerned about flooding because the road is so high.  Village Manager Herbek replied that there are plans to make roadway and drainage improvements which will address this area specifically.

John Sarcone stated that MetroEnviro should be issued a violation on the spot and should not be allowed time to clean up; he asked if the Board is prepared to take the liability if anyone on the Citizen’s Committee gets hurt while inspecting MetroEnviro; he urged the Board to consider hiring a professional monitor as suggested by Trustee McCarthy.  Valerie Leis replied that she is not interested in issuing violations; the Village has a Code Enforcement Officer to do this; committee members are there for observations. Village Attorney Waldman added that the Village has a public liability policy that would cover injury to an individual through the negligence of the Village; he also assumes, with some sense of assurance, that MetroEnviro has a very substantial public liability insurance. Trustee McCarthy stated that she strongly believes a part time professional monitor is needed to work in conjunction with the citizen committee members.  John Sarcone asked if the citizen monitors have been sent to an OSHA training course.  Mayor Elliott replied that he will ask the risk manager for a recommendation regarding OSHA training.  John Sarcone asked if the Fire Dept. was called when smoke was seen.  Ms. Leis replied that the evidence of smoke was only because the debris had been there for some time, not because it was considered combustible.  

RESOLUTIONS:

Trustee Daubney made a motion authorizing the Village Manager to sign the NYS Snow and Ice Agreement for the year 2000-20001.  Trustee Grant  made a second to the motion; vote was taken, with unanimous approval

b.      On motion of  Trustee Grant, seconded by  Trustee Daubney, the  following resolution was unanimously adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York

Whereas, the Village Board of Trustees is giving consideration to rehabilitating and making improvements to a 5.13 acre parcel of land at the Croton Harmon Railroad Station Parking area, Phase 2 of an improvement project started some years ago; and

Whereas, it is now the desire of the Village Board to move ahead with the Phase 2 improvements which are being funded 80% by Surface Transportation Program Urban Funding and 20% by Village funds; and

Whereas, the estimated cost of this project is $1,400,000 and

Whereas, in accordance with the requirements of the State Environmental Quality Review Law, the Village Board must make a determination as to the Environmental Impact of this proposed action; and

Whereas, in accordance with 6 NYCRR, Part 617.6, the Village Board is t he only Agency required to approve the proposed action; and

Whereas, a Full Environmental Assessment Form has been prepared, signed by the Village Manager and accepted by the Village Board; and the Board has duly considered all of the environmental aspects of this action;

Now Therefore Be It Resolved, that the Village Board of the Village of Croton-on-Hudson does hereby declare itself to be the Lead Agency with respect to this matter; and

Be It Further Resolved, that the Village Board does hereby determine, based upon the Environmental Assessment Form submitted to and reviewed by the Board, that this is an unlisted action; and

Be It Further Resolved, that based upon the Environmental Assessment Form, the Village Board does hereby ADOPT the attached NEGATIVE DECLARATION with respect to this matter.

        
Discussion:  Page 2, Question 1-g, Trustee McCarthy suggested that the number be changed to in excess of 2200.

Trustee Grant made a motion to approve the resolution as amended; Trustee Daubney seconded the motion.  The Board voted unanimously for approval of the amended motion.


        c.      On motion of  Trustee Grant,  seconded by  Trustee McCarthy,  the  following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with unanimous vote for approval.  

WHEREAS, the Village needs to engage the services of a professional engineering firm for the preparation of a Site Plan for the proposed salt storage building at the Village’s Public Works yard; and

WHEREAS, the Village solicited proposals from four engineering firms to provide the necessary engineering work; and

WHEREAS, the lowest proposal is that of Kellard Engineering for their proposal in the amount of $1,800.00; and

WHEREAS, the cost of this work will be part of the $150,000 budget established for this project which includes a $75,000 grant from the Clean Air/ Clean Water Bond Act;


NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to engage the services of Kellard Engineering to provide professional engineering services in the preparation of a Site Plan for the proposed salt storage building at the Village’s Public Works yard for the lump sum price of $1,800.00.

        d.      On motion of  Trustee Daubney,  seconded by  Trustee Grant,  the  following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with unanimous vote for approval.  

WHEREAS, the Town of Cortlandt operates a compost site on Trinity Avenue in Montrose; and

WHEREAS, the Village of Croton-on-Hudson has utilized this site for the last several years at no cost which has saved the Village in having to pay disposal fees for the Village’s leaves; and

WHEREAS, the Town has prepared an inter-municipal agreement to provide for the continued use of the Cortlandt compost site by the Village of Croton-on-Hudson;

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the Compost Agreement on behalf of the Village of Croton-on-Hudson.

e.      On motion of  Trustee Grant,  seconded by  Trustee McCarthy,  the  following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with unanimous approval.  

WHEREAS,        on February 9, 1999, the Village accepted sealed bids for        Lawn Maintenance and Turf Management of various parks, fields and grass areas of the Village; and

WHEREAS,        nine bidders submitted proposals ranging in price from $34,975 to $97,626; and

WHEREAS,        three bidders, including the lowest bidder, did not qualify as they failed to submit complete proposal packets to include:  bid bonds, certified checks or cashiers check; certificate of non-collusion; statement of compliance with bidding requirements; certificate of insurance; certificate of experience; and certificate of equipment; and

WHEREAS,        the lowest responsible bidder meeting specifications is that of Colonial Landscaping for their bid in the amount of $39,695.00; and

WHEREAS,        the Village has checked the references of Colonial Landscaping, all of which reported that they perform excellent work;

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to award the contract for Lawn Maintenance and Turf Management to Colonial Landscaping of Ardsley, NY, for their bid in the amount of $39,695.00.

        f.      On motion of  Trustee Daubney, seconded by Trustee McCarthy, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a unanimous vote for approval:

WHEREAS, the Village sent out five bid packets to various vendors for two pickup trucks-one for highway use and one for water use- with a bid opening of February 25, 1999; and

WHEREAS, one bid packet was submitted from Pleasantville Ford of Pleasantville, New York in the amount of $24,219.55 for each truck; and

WHEREAS, the Director of Public Works and the Village Mechanic both feel that this is an excellent and very competitive bid for the two trucks; and

WHEREAS, this has been reviewed with the Village Manager and the Village Treasurer who concur with the decision to make an award on the basis of this bid;

NOW THEREFORE BE IT RESOLVED: that the Village Board approves the award of a contract for two pickup trucks to Pleasantville Ford of Pleasantville, New York for their bid of $24,219.55 for each vehicle and hereby authorizes the Village Manager to sign the contract for these vehicles.
        g.      On motion of  Trustee McCarthy, seconded by Trustee Watkins, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with unanimous vote for approval:  

WHEREAS, the Recreation Department owns a 1980 Duranautic 14 ft rowboat which has several holes and is unusable; and

WHEREAS, this rowboat is no longer needed and has not been used for several years;

NOW THEREFORE BE IT RESOLVED: that the Board of Trustees hereby declares this rowboat to be surplus property and hereby authorizes the Village Manager  to dispose of this surplus property by means of sealed bids.

h.              On motion of  Trustee Grant,  seconded by Trustee McCarthy,  the  following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with unanimous vote.

WHEREAS,  Sections 5-504 and 5-508 of New York State Village Law set forth certain procedures and dates for the adoption of the annual Village budget; and

WHEREAS, in accordance with Section 5-504, the Village Manager, as Budget Officer, will be filing the Tentative Budget in the office of the Village Clerk on March 19th; and

WHEREAS, Section 5-508.3 provides that a public hearing shall be held upon the Tentative Budget, as changed, altered or revised, on or before the fifteenth day of April;
 
NOW THEREFORE BE IT RESOLVED: that  a Public Hearing is hereby called on the 1999-2000 Tentative Budget for Monday, April 12, 1999, at 8:00 p.m. in the Meeting Room of the Municipal Building.

        i.      On motion of  Trustee McCarthy, seconded by Trustee Daubney,  the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with unanimous approval.

WHEREAS, the Village Treasurer of the Village of Croton-on-Hudson has determined the need for budget modifications in the following accounts in the 1998-99 Water Fund appropriations; and

WHEREAS, the departments affected have discussed the transfers with the Treasurer and having reviewed the budget request the following budget transfers to repair water valves at two locations in the Village:

Increase   002-8340.470  by  $  17,500.00 ( Valve Repairs – Farley & Arlington)
Decrease  002-1990.400  by  $  17,500.00 ( Water Contingent Account )

Now Therefore be it resolved that the Village Treasurer amend the 1998 -1999 Water Fund budget to reflect these changes.

        j.      On motion of  TRUSTEE GRANT, seconded by  TRUSTEE McCARTHY, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with unanimous approval.

WHEREAS, the Village Treasurer of the Village of Croton-on-Hudson has determined the need for budget modifications in the following accounts in the 1998-99 general Fund appropriations; and

WHEREAS, the departments affected have discussed the transfers with the Treasurer and having reviewed the budget request the following budget transfers:

Increase   1990.424  by      $   75,000.00      ( Tax Rate Problem – Shortfall )
Decrease  9950.900  by      $   75,000.00      ( Transfer to Capital )
Increase   3120.400  by      $      8,000.00     ( Contractual )
Increase   3120.420  by      $      1,500.00     ( Supplies )
Decrease 3120.100  by      $      9,500.00     ( Personnel Services )
Increase   1010.400  by      $      5,000.00     ( Alee King )
Decrease  1990.400  by     $       5,000.00    ( Contingent Account )

Now Therefore be it resolved that the Village Treasurer amend the 1998 -1999 General Fund budget to reflect these changes.

Trustee Grant made a motion authorizing the Village Manager to sign the agreement with Frederick P. Clark, Associates, Inc. in connection with the Waterfront Development District with total cost not to exceed $17,900.  Trustee Watkins seconded the motion.  Vote was taken with all voting “aye”.

Trustee Grant offered the following resolution and moved its adoption:

BOND RESOLUTION OF THE VILLAGE OF CROTON-ON-HUDSON, NEW YORK, ADOPTED MARCH 8, 1999, AUTHORIZING THE CONSTRUCTION OF A WATER CONNECTION FROM THE SERVICE MAIN IN ARROWCREST ROAD TO SCENIC RIDGE AND WESTWIND, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $462,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $462,000 SERIAL BONDS OF SAID VILLAGE TO FINANCE SAID APPROPRIATION.

BE IT RESOLVED by the Board of Trustees (the “Board of Trustees”) of the Village of Croton-on-Hudson, Westchester County, New York (the “Village”) (by the favorable vote of not less than two-thirds of all the members of said Board of Trustees) as follows:
 
The Village is hereby authorized to construct a water connection from the service main in Arrowcrest Road to Scenic Ridge and Westwind.  The estimated maximum cost of said specific object or purpose, including costs incidental thereto and the financing thereof, is $462,000 and said amount is hereby appropriated therefor.  The plan of financing includes the issuance of $462,000 serial bonds of the Village to finance said appropriation, and the levy and collection of taxes on all the taxable real property of the Village to pay the principal of said bonds and the interest thereon as the same shall become due and payable.  No amount has been previously authorized by the Village to be applied to the payment of such specific object or purpose.
 
Serial bonds of the Village in the principal amount of $462,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called “Law”), to finance said appropriation.
 
                The following additional matters are hereby determined and declared:
The period of probable usefulness of said specific object or purpose for which said $462,000 serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 23 of the Law, is ten (10) years.
The proposed maturity of the bonds authorized by this resolution will exceed five (5) years.
Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the Village, payable as to both principal and interest by general tax upon all the taxable real property within the Village without limitation of rate or amount.  The faith and credit of the Village are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Village by appropriation for (a)~the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b)~the payment of interest to be due and payable in such year.
 
Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00, Section 30.00, Section 50.00, Sections 56.00 to 60.00, and Section 63.00 of the Law, the powers and duties of the Board of Trustees relative to authorizing bond anticipation notes, determining whether to issue bonds with substantially level or declining annual debt service, prescribing the terms, form and contents of the bonds herein authorized, bond anticipation notes issued in anticipation of said bonds, and renewals of said bond anticipation notes, and any other powers or duties pertaining to or incidental to the sale and issuance of the bonds herein authorized, bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Village Treasurer, the chief fiscal officer of the Village.
 
The validity of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if:
        a. such obligations are authorized for an object or purpose for which the Village is not authorized to expend money, or
b.      the provisions of law which should be complied with at the date of the publication of this resolution, are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or
c.      such obligations are authorized in violation of the provisions of the constitution of the State of New York.
This resolution is adopted subject to permissive referendum and shall take effect thirty (30) days after its adoption or, if a referendum is held, upon the affirmative vote of a majority of the qualified electors of the Village voting on the referendum.
The Village Clerk is hereby authorized and directed to, within ten (10) days after the adoption of this resolution, cause this resolution to be (a) published in “The Gazette”, the official newspaper of the Village, and (b) posted in at least six (6) public places together with a notice of the adoption thereof.  After this bond resolution shall take effect, the Village Clerk is hereby directed to cause this bond resolution to be published, in full, together with a Notice attached in substantially the form prescribed in Section 81.00 of the Law, in said official newspaper of the Village.

The adoption of the foregoing resolution was seconded by Trustee McCarthy and duly put to a vote on roll call, which resulted as follows:
           AYES: Five (5)          NOES: (0)
The resolution was declared adopted.

REPORTS:

Village Manager Herbek reported that he has five items for the work session agenda March 15th: discussion about an ambulance, the parking lot committee final plans, sewage treatment property, telephone participation at Village Board Meetings and assistance with grant application process.

Trustee Watkins gave a thank-you to the Planning Board for their effort over the four or five years of work with Hudson National, especially Norm Sheer and Ann Gallelli.  Trustee Watkins asked about the clean up of Rt. 9.  Village manager Herbek replied that crews are out along Rt. 9A and are working their way down.  Trustee Watkins asked about the entrance sign.  Village Manager Herbek replied that it is to come this week.  Trustee Watkins also commented that he doesn’t see any conflict of interest for the two Trustees on the Sewer Treatment Plant property.  Trustee Grant replied that she knows there is no conflict of interest, but believes very strongly that the perception of conflict of interest is just as damaging and she will abstain from participating in discussion.  Trustee Daubney replied that he disagrees with Trustee Grant’s opinion and will participate as he feels he has no personal stake in this matter.

Trustee McCarthy reported that the work session will be Monday at 7:30 p.m.  Trustee McCarthy stated that there had been discussion of having members of the NYS Dept. of Transportation come to talk about issues and asked this be moved forward.  Trustee McCarthy added that she did attend a County Board of Legislators meeting on February 22, 1999; she read a resolution expressing the strong opposition of  the Board and the Village of Croton to a refueling operation in the Village.  Trustee McCarthy stated also that the floor area ratio needs to be addressed in the zoning area that includes the sewer treatment property.

Trustee Daubney reported that the Library will have a Book & Bake sale on March 14th.  He reported also that the Library will supply reading material during the blood drive.  Trustee Daubney reminded that anyone who works in Croton can get a library card from Croton Library.  He reported that Linda Gallagher will be leaving the end of April.  Trustee Daubney reported that the Chamber of Commerce will have a joint celebration with Ossining on the walking part of the bridge.  Trustee Daubney reported that the Recreation Dept. has a budget review on March 9th at 4 p.m.  He added that the Sunset Playground report will be given at the meeting tomorrow.

Trustee Grant asked that something is done with the Grand Union parking situation; trucks are causing the problem by unloading and remaining for extended periods of time and this is a problem that needs to be addressed; she feels this is becoming dangerous.  Trustee Grant suggested talking to Chief Coxen again about this matter.

Trustee Daubney made a motion to adjourn; Trustee Watkins seconded the motion; unanimous approval.

The meeting was adjourned at 10:45 p.m.

Respectfully submitted,



Phyllis A. Bradbury, Secretary


____________________
Village Clerk