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Village of Croton-on-Hudson
1 Van Wyck Street
Croton-on-Hudson, NY 10520

Phone: 914-271-4781
Fax: 914-271-2836


Hours: Mon. - Fri., 8:30 am - 4 pm
 
Feb 15, 2000
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Tuesday, February 15, 2000 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.

The following officials were present:

        Mayor Elliott                                   Trustee Grant
Village Manager Herbek                  Trustee Daubney
        Village Attorney Waldman                        Trustee Watkins
        Treasurer Reardon                               Trustee McCarthy
        
        
1. CALL TO ORDER:

Mayor Elliott called the meeting to order at 8:00 p.m.  Everyone joined in the Pledge of Allegiance.


2. APPROVAL OF MINUTES:

Trustee Grant made a motion to approve the minutes of the Regular Board Meeting held on January 18, 2000 as corrected.  Trustee Daubney seconded the motion.  The Board voted unanimous approval.

Trustee McCarthy made a motion to approve the minutes of the special meeting of February 3, 2000 as corrected.  Trustee Grant seconded the motion.  Vote was taken with Trustees Daubney, Grant and McCarthy voting “aye” and Trustee Watkins abstaining.
        
Trustee Daubney made a motion to approve the minutes of the special meeting of February 7, 2000.  Trustee Grant seconded the motion.  Vote was taken on the motion with Trustees Grant, Daubney and McCarthy voting “aye” and Trustee Watkins abstaining.

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 McCarthy and approved unanimously.

        General Fund                            $   87,566.73  
        Water Fund                                     8,355.55
        Capital Accounts                             89,907.80
                                    $   36,292.76
                                    $ 222,122.84

Senator Leibell presented a $20,000 “check” awarded to the Arboretum for construc- tion of a handicapped-accessible nature trail, wetland boardwalk and gazebo for classes and programs; these funds will be used to cover the cost of plastic lumber.  Karen Jescavage-Bernard accepted the “check” on behalf of the Arboretum Committee.


PUBLIC HEARINGS:
Village Manager Herbek read Local Law Introductory #1 of 2000, establishing a sidewalk improvement program for the Village and other amendments.  Mayor Elliott opened the Public Hearing, asking for comments from the audience.  Laura Seitz, Brook Trail, stated that she is opposed to the Law because it doesn’t say that everybody who needs sidewalk repair will get 50% of it paid for; an unspecified amount of money will be put up each year and those that apply for it most quickly will be put on the list and those that do not, will not receive funds; it doesn’t provide repair money for people most in need of it; those that have had taxes reduced already and those who have damage because of trees that the Village planted should have their sidewalks repaired; the money should go to sidewalks that need repair for safety reasons. Trustee McCarthy responded that in November of 1999, she and Trustee Daubney wrote a memo to members of the Board in connection with the sidewalk improvement program and attached a proposed resolution, a modified version of which is now before the Board; they have suggested holding a work session to implement the means to construct sidewalks where needed; people who apply will be on the list for the program; everyone will have 5 years to apply for the 50% match and this allows people time to save for the 50% match.  Trustee Watkins added that not everyone is eligible; the Village Engineer must decide if the sidewalk is appropriate to be included in the program.  Ms. Seitz also suggested talking to local banks for low interest loans.  Claire McGarry asked if this is a law now or is it still up for debate.  Mayor Elliott replied that this is a public hearing; right now it is open for debate; if the Board passes the law tonight, applications will be accepted.  

Herman Hauprich stated that the Village ordinance for sidewalk snow removal is not enforced and asked that no more ordinances be passed when the current ones are not enforced, one can’t walk on many of the sidewalks in the Village.  

Regina Carroll, Young Avenue, stated that this will end up as an increase in taxes and thinks the Board should stop, take a breath and think about where the Village going.

Mayor Elliott closed the Public Hearing portion.  Village Manager Herbek read a letter received from Philip Tully expressing his views regarding this proposed law. (Full text available at the Village Office)

Trustee Grant stated that she has been an opponent of this law and remains opposed to it; when there was a similar program in the 1980’s the Village had money from the County which it does not have now; she believes that there are inequities in the law; there will never be enough money to allow everyone to participate; money will come from the Village budget; it will be an unfair and unnecessary burden on taxpayers; it is nice to do if there is the money, but not when there isn't; there is a law on the books that says that the homeowner must repair and maintain their sidewalks; she would rather see sidewalks put in where they don't exist and are needed.

Trustee Watkins stated that he is in favor of the new law; he thinks that they owe it to the improvement of life in the Village to push for not only the building of new sidewalks where needed, but the repair of the old ones and this is a methodology of inducement that is appropriate; they must be careful of the amount of money that is spent; there are places in the Village where the trees have raised the sidewalks and those are, at least in part, the Village’s responsibility; this is not a perfect law, but will be a help in improving the Village.

Trustee Daubney stated that to not move ahead is a disservice to pedestrians; there are public sidewalks that are impossible to walk on; it is the homeowners responsibility to take care of the sidewalks, but the Village has allowed some to deteriorate; something is needed to kickstart rejuvenation; he agrees the Village should put sidewalks in certain areas and this is not the responsibility of the homeowners.

Trustee McCarthy stated that in respect to funding, each year money is put in the budget for paving; some of that money will be shifted to this program; there will be a reallocation of funds, not necessarily the raising of new funds; in addition, it is her understanding from talking to people in another municipality, that CHIPS funding can be used for sidewalk repair.

Trustee Daubney made a motion to approve Local Law #1 of 2000.  The motion was seconded by Trustee McCarthy.  Vote was taken with the Mayor voting aye and Trustees Daubney, McCarthy and Watkins voting “aye” and Trustee Grant voting “nay”.


Village Manager Herbek read Local Law No. 2 of the year 2000, amending the Village code requiring payment in full of outstanding Village charges before issuance of building permits.

No Public Comments were offered.

Trustee Grant made a motion to approve Local Law #2 of 2000.  Trustee Daubney seconded the motion.  Vote was taken; the law was adopted with unanimous approval.







5.      CORRESPONDENCE:

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

A letter from Ann Gallelli for the Planning Board regarding the Goldstein Cul-de-sac/Turn-around.  Village Manager Herbek stated that he will send Mr. Goldstein back to the Planning Board with this new information.
A letter from Phillip Tully was read earlier in the evening.
A letter from Rosemarie Noonan, Housing Action Council, regarding their application for a $300,000 grant from the NYS Affordable Housing Corp. to provide home improvement grants to eligible households.

Trustee Grant made a motion for a resolution giving Village support of the Housing Council’s application.  Trustee Watkins seconded the motion; unanimous approval.
A letter from Lyn Roessler regarding property owners’ responsibilities to clear sidewalks of snow and ice.  Trustee Daubney stated that he has had a number of complaints, even with the small snowfall; sidewalks should be taken care of and homeowners should have a certain amount of diligence within a reasonable time.  Trustee Watkins suggested sending a warning notice to make residents aware of the necessity to clear sidewalks.
A letter from Jon Goplerud, Chair, Conservation Advisory Council, regarding renaming of the Seprieo Property to Muheakunnuk.
A letter from Carlos Posso, asking for a chance to bid for taxi space at the Croton-Harmon train station.  The attorney for Larry’s Taxi was present at this meeting and explained that the ownership of the business will not change and they feel it would be grossly inequitable to allow a new business to come in; recent operational problems have been cleared up.  Trustee Watkins stated that the contract expired the end of December; it is his understanding that the payments in arrears have been brought current; he agrees spaces should stay with Larry’s Taxi; he added that there have been past difficulties with non-payment and stated that future non-payments will be cause of termination of this agreement.  Village Attorney Waldman stated that the new contract should have a default and, in light of past history, Larry’s Taxi should provide one month’s security; there should also be a stipulated date for signing the renewal contract.
A letter from NYS Office of Real Property Services regarding revised residential assessment ratio.
A letter from Kenneth Gunshor, informing that Metro Enviro LLC and Greentree Realty LLC have entered into a purchase agreement with Allied Waste Industries, Inc.  Trustee Watkins asked if the Village is entitled to see the contractual documents for this sale.  Village Attorney Waldman stated that he will check into this; there may be certain dollar figures they may not want to disclose and the Village may not be entitled to see these, but is entitled to know who is operating the business; if there is a public filing, this information can be easily gotten.  Trustee McCarthy stated that there might be a new County law for waste hauling and Mr. Gunshor should be told the Board wants all copies of documents filed by Metro Enviro with the County.
A letter from Jen Russell, Events Asst., asking for permission to put up 1 or 2 banners on the pedestrian bridge over Rt. 9 for the Hudson River Revival Festival to be held in June.  Village Manager Herbek stated that he checked with NYS DOT and it is up to the Village if they want to do this.  Mayor Elliott stated that a lot of effort went into bringing the Clearwater Revival back to Croton and he would like to give support.  Trustee McCarthy stated that, if approval is given, then consideration must be given to other who may request this; there is a safety issue if the banner happens to come down onto Rt. 9; the purpose of the bridge is to give access to the waterfront and suggested putting this on a work session for further discussion.  Mark Aarons  spoke, stating that a sign over Rt. 9 would be a hazard and safety issue with drivers trying to read a banner doing 50 – 60 miles per hour.   The Board decided to refer this item to Dennis Coxen, the Chief of Police.
A letter from Charles McCaffrey, Chief, Bureau of Local and Regional Programs, NYS Dept. of State, informing the Village that the grant application for Senasqua Park Pier and Beach Nourishment will not be funded at this time.  


CITIZEN PARTICIPATION:
A resident of Georgia Lane spoke of his concerns about the millenium pipeline issue; he has gotten different information on this; he has heard that it will go through the Con Ed right-of-way, through Georgia Lane, Batten Road and down through the Mt. Airy section.  Mayor Elliott replied that if the pipeline were to be built, it would go through the right-of-way; the Village has filed objections with the government, Con Ed also has objected and it now appears unlikely that the pipeline will cross the Hudson; however, this should be watched very carefully; he has a meeting with senior officers of Con Ed and will ask about this again.  Upon questioning, Mayor Elliott stated that Village water testing reports can be seen at the Village Office.

RESOLUTIONS:

a)      On motion of TRUSTEE Daubney, seconded by TRUSTEE Grant, 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 New York State Department of the Environmental Conservation for a grant under the project to be located at the Jane E. Lytle Memorial Arboretum, a site located within the territorial jurisdiction of this Board; and

WHEREAS, as a 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: that the Board of Trustees of the Village of Croton-on-Hudson does hereby approve and endorse the application of the Croton Arboretum and Sanctuary Inc. for a grant under the Urban and Community Forest Program for a project known as “Swamp Forest Remediation” located at the Jane E. Lytle Memorial Arboretum within this locality.

b)      On motion of TRUSTEE Daubney, seconded by TRUSTEE McCarthy, the  
following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:  

WHEREAS, the Village of Croton on Hudson has benefited from several inter-municipal agreements with the Town of Cortlandt over the years with respect to bidding by the Town Purchasing Director, shared use of equipment and the removal of freon from appliances; and

WHEREAS, the Village is desirous of continuing these inter-municipal agreement for another years;

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the three Intermunicipal agreements which deal with bidding by the Town Purchasing Director, shared used of equipment and removal of freon from appliances.

c)      On motion of TRUSTEE Grant, seconded by TRUSTEE McCarthy, the
following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:  

WHEREAS, the Village has embarked on a program to automate the Village well fields, and

WHEREAS, as part of this automation project it will be necessary to automate the controls at the well site for the booster pumps, and

WHEREAS, the Village has received a proposal from Lynch Engineering, P.C., to provide professional services for this additional control work, and

WHEREAS, sufficient funds are available in the capital budget for this cost, and

WHEREAS, the Village Manager has signed this agreement in order to expedite the process of getting this additional design work completed as part of the automation contract with Burchetta Electrical Contractors,

NOW THEREFORE BE IT RESOLVED: that the Village Manager’s signing of the agreement with Lynch Engineering, P.C, for professional services to provide contract documents for the automation of the controls at the well site for the booster pumps for a lump sum fee of $2,750.00 is hereby ratified and affirmed.
d)      TRUSTEE Grant, made a motion to approve the following resolution, seconded by TRUSTEE Watkins.

WHEREAS, several projects in the Capital fund have been over expended due to unforeseen circumstances; and

WHEREAS, other funds are necessary to finance the sidewalk improvement program; and

WHEREAS funds to cover these over expenditures exist in the General Fund Transfer to Capital account, the Village Treasurer wishes to amend the 1999-2000 Capital fund budget effecting the following accounts; and

Increase  3-3-5031.0004   by    $       921.24    ( Misc. Equipment )
Increase     3-5130.0004   by    $       921.24    ( Misc. Equipment )
Increase  3-3-5031.0085   by    $    1,569.79    ( Misc. Equipment )
Increase     3-5130.0085   by    $    1,569.79    ( Misc. Equipment )
Increase  3-3-5031.0003   by    $  20,255.84  (North Riverside Improvements )
Increase     3-8660.0003   by    $  20,255.84  ( North Riverside Improvements)  
Increase  3-3-5031.0031   by    $       740.18    ( Police Computer Equipment )
Increase     3-3120.0031   by    $       740.18    (Police Computer Equipment )
Increase  3-3-5031.0025   by    $    2,250.00    ( GIS Sewer/ Storm Study )
Increase     3-8120.0025   by    $    2,250.00    (GIS Sewer/ Storm Study  )
Increase  3-3-5031.0081   by    $       484.39    ( Well Field Improvements)
Increase     3-8340.2081   by    $       484.39    ( Well Field Improvements)  
Increase  3-3-5031.0042   by    $100,000.00 (Sidewalk Improvement Program)
Increase     3-5110.0042   by    $100,000.00 (Sidewalk Improvement Program)  
            

Now Therefore be it resolved that the Village Treasurer amend the 1999 -2000 General Fund budget to reflect these changes.

After discussion, Trustee Daubney made a motion to amend the resolution, striking lines 13 and 14 pending further consideration. Trustee Watkins seconded the motion to amend.  The resolution was adopted unanimously, as amended, by the Board of Trustees of the Village of Croton-on-Hudson, New York.

e)      On motion of TRUSTEE Grant, seconded by TRUSTEE McCarthy, the  
following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York

WHEREAS, the Village of Croton wishes to add Hudson Valley Bank to its list of depositors; and

WHEREAS, Hudson Valley Bank is an accredited financial institution enjoying the normal Federal monetary safeguards needed by the Village.

Now Therefore be it resolved that the Village Treasurer is authorized to deposit Village Funds with Hudson Valley Bank in accordance within the guidelines set forth by the New York State Comptroller.

f)1.    On motion of  TRUSTEE Watkins,  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:  


RESOLUTION DATED FEBRUARY 15, 2000,
AMENDING A BOND RESOLUTION
DATED OCTOBER 7, 1998


Recitals




                WHEREAS, the Board of Trustees of the Village Croton-on-Hudson (the “Board of Trustees, Westchester County, New York, has heretofore duly authorized a  capital expenditure of $ 1,100,000.00 for  the construction of an addition to or the reconstruction of the Grand Street Firehouse, which amount was authorized therefor pursuant to Resolution dated October 7, 1998 adopted by said Board of Trustees and hereinafter referred to;

                WHEREAS, due to increased cost estimates it is now necessary and desirable to said resolution to increase the authorization for such purposes and the amount of indebted to be incurred therefor, from $1,100,000 to $ 1,770,000.00; NOW THEREFORE,

                BE IT RESOLVED by the Board of Trustees (by favorable vote of not less than three-fifths of all members of the Board of Trustees) as follows:

                Section A.  The Resolution of the Village dated October 7, 1998, of said Village duly adopted by the Board of Trustees entitled:

“BOND RESOLUTION OF THE VILLAGE OF CROTON-ON-HUDSON, NEW YORK, ADOPTED OCTOBER 7, 1998, AUTHORIZING THE CONSTRUCTION OF AN ADDITION TO OR THE RECONSTRUCTION OF THE GRAND STREET FIREHOUSE, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $1,100,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $1,100,000 SERIAL BONDS OF SAID VILLAGE TO FINANCE SAID APPROPRIATION,”

is hereby amended to read as follows:

                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 not less than three-fifths of all members of said Board of Trustees) as follows:

                Section 1.  Based upon the review of this section by the Village, the Board of Trustees hereby determines that it is a Type II Action under the State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law) and therefore no further environmental review is required.

                Section 2.  The Village is hereby authorized to construct an addition to and/or to reconstruct the Village’s existing Grand Street firehouse including original furnishings, equipment, machinery or apparatus required for the purposes for which such addition or such reconstructed building is to be used.  The estimated maximum cost of said specific object or purpose, including costs incidental thereto and the financings thereof, is $ 1,770,000.00 and said amount is hereby appropriated therefor.  The plan of financings includes the issuance of $ 1,770,000.00 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.

                Section 3.  Serial bonds of the Village in the principal amount of  $1,770,000.00 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 the “Law”), to finance said appropriation.

                Section 4.  The following additional matters are hereby determined and declared:

        (a)  The period of probable usefulness of said specific object of purpose for which said $1,770,000.00 serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 12. (a) (1) of the Law, is twenty (20) years.

        (b)  The proposed maturity of the bonds authorized by this resolution will exceed five (5) years.

                Section 5.  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 an interest on 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.

                Section 6.  Subject to the provisions of this resolution and 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.

                Section 7.  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.

               Section 8.  This resolution is adopted subject to referendum and shall take effect upon the affirmative vote of a majority of the qualified electors of the Village voting on the referendum.

                Section 9.  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.

                Section B.  The amendment of the resolution set forth in Section A of this resolution, shall in no way affect the validity of the liabilities incurred, obligations issued, or action taken pursuant to said resolution, and all such liabilities incurred, obligations issued, or action taken, now or hereafter, shall be deemed  to have been incurred, issued or taken pursuant to said ordinance, as so amended.


f)2.    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:  


RESOLUTION DATED FEBRUARY 15, 2000,
AMENDING A BOND RESOLUTION
DATED OCTOBER 7, 1998


Recitals




                WHEREAS, the Board of Trustees of the Village Croton-on-Hudson (the “Board of Trustees, Westchester County, New York, has heretofore duly authorized an additional capital expenditure of $ 2,100,000.00 for  the construction of a new firehouse, which amount was authorized therefor pursuant to Resolution dated October 7, 1998 adopted by said Board of Trustees and hereinafter referred to;

                WHEREAS, due to increased cost estimates it is now necessary and desirable to said resolution to increase the authorization for such purposes and the amount of indebted to be incurred therefor, from $2,100,000 to $ 2,575,000.00; NOW THEREFORE,

                BE IT RESOLVED by the Board of Trustees (by favorable vote of not less than three-fifths of all members of the Board of Trustees) as follows:

                Section A.  The Resolution of the Village dated October 7, 1998, of said Village duly adopted by the Board of Trustees entitled:

“BOND RESOLUTION OF THE VILLAGE OF CROTON-ON-HUDSON, NEW YORK, ADOPTED OCTOBER 7, 1998, AUTHORIZING THE CONSTRUCTION OF A NEW FIREHOUSE, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,100,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $2,100,000 SERIAL BONDS OF SAID VILLAGE TO FINANCE SAID APPROPRIATION,”

is hereby amended to read as follows:

                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 not less than three-fifths of all members of said Board of Trustees) as follows:

                Section 1.  Based upon the review of this section by the Village, the Board of Trustees hereby determines that it is a Type II Action under the State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law) and therefore no further environmental review is required.

                Section 2.  The Village is hereby authorized to construct a new firehouse in the Village, whether or not including grading or improving of the site, original furnishings, equipment, machinery or apparatus required for the purposes for which such addition or such reconstructed building is to be used.  The estimated maximum cost of said specific object or purpose, including costs incidental thereto and the financings thereof, is $ 2,575,000.00 and said amount is hereby appropriated therefor.  The plan of financings includes the issuance of $ 2,575,000.00 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.

                Section 3.  Serial bonds of the Village in the principal amount of $2,575,000.00 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 the “Law”), to finance said appropriation.

                Section 4.  The following additional matters are hereby determined and declared:

        (a)  The period of probable usefulness of said specific object of purpose for which said $ 2,575,000.00 serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 12. (a) (1) of the Law, is thirty (30) years.

        (b)  The proposed maturity of the bonds authorized by this resolution will exceed five (5) years.

                Section 5.  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 an interest on 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.

                Section 6.  Subject to the provisions of this resolution and 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.

                Section 7.  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.

               Section 8.  This resolution is adopted subject to referendum and shall take effect upon the affirmative vote of a majority of the qualified electors of the Village voting on the referendum.

                Section 9.  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.

                Section B.  The amendment of the resolution set forth in Section A of this resolution, shall in no way affect the validity of the liabilities incurred, obligations issued, or action taken pursuant to said resolution, and all such liabilities incurred, obligations issued, or action taken, now or hereafter, shall be deemed  to have been incurred, issued or taken pursuant to said ordinance, as so amended.

PROPOSITION NO. 1

        
                RESOLVED:  

That the bond resolution the abstract of which is set forth below, which was adopted by the Village Board of Trustees on February 15, 2000, be approved.  The abstract of such bond resolution is as follows:

FIRST:  DETERMINING that this action is a Type II action under the State Environmental Quality Review Act and therefore no further environmental review is required;

SECOND: AUTHORIZING said Village to construct an addition to and/or to reconstruct the Village’s existing Grand Street firehouse including original furnishings, equipment, machinery or apparatus required for the purposes for which such addition or such reconstructed building is to be used; STATING the estimated maximum cost of said specific object or purpose, including costs incidental thereto and the financings thereof, is $1,770,000.00; APPROPRIATING  said amount therefor; and stating the plan of financings includes the issuance of $ 1,770,000.00 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;

THIRD:  AUTHORIZING the issuance of  $ 1,770,000.00 serial bonds of the Village pursuant to the Local Finance Law of the State of New York to finance said appropriation;

FOURTH: DETERMINING and STATING the period of probable usefulness of said specific object or purpose is twenty (20) years; and the proposed maturity of said $ 1,770,000.00 serial bonds will exceed five (5) years;

FIFTH:  DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said notes shall be general obligations of the Village and PLEDGING to their payment the faith and credit of the Village;

SIXTH:  DELEGATING to the Village Treasurer the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and

SEVENTH:  DETERMINING that the bond resolution is subject to a referendum.
PROPOSITION NO. 2

        
                RESOLVED:  

That the bond resolution the abstract of which is set forth below, which was adopted by the Village Board of Trustees on February 15, 2000, be approved.  The abstract of such bond resolution is as follows:

FIRST:  DETERMINING that this action is a Type II action under the State Environmental Quality Review Act and therefore no further environmental review is required;

SECOND: AUTHORIZING said Village to construct a new firehouse in the Village, whether or not including grading or improving of the site, original furnishings, equipment, machinery or apparatus required for the purposes for which such addition or such reconstructed building is to be used; STATING the estimated maximum cost of said specific object or purpose, including costs incidental thereto and the financings thereof, is $ 2,575,000.00; APPROPRIATING  said amount therefor; and STATING the plan of financings includes the issuance of $ 2,575,000.00 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;

THIRD:  AUTHORIZING the issuance of  $ 2,575,000.00 serial bonds of the Village pursuant to the Local Finance Law of the State of New York to finance said appropriation;

FOURTH: DETERMINING and STATING the period of probable usefulness of said specific object or purpose is thirty (30) years; and the proposed maturity of said $ 2,575,000.00 serial bonds will exceed five (5) years;

FIFTH:  DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said notes shall be general obligations of the Village and PLEDGING to their payment the faith and credit of the Village;

SIXTH:  DELEGATING to the Village Treasurer the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and

SEVENTH:  DETERMINING that the bond resolution is subject to a referendum.




Discussion:  Trustee Grant asked for clarification if the vote is to put the amended resolutions on a referendum for election.  Village Treasurer Reardon further explained that the resolutions can be passed tonight; upon affirmative passage, they then become a ballot and are added to election; upon success, this will be published for 30 days; this resolution will amend the $1.1 million to $1.7 million; if vote fails, it reverts to $1.1 million; it only is amended if the voters pass it; this resolution has been prepared by bond counsel.  Village Attorney Waldman suggested adding for voters’ clarification, the explanation that if it doesn’t pass, the bond will revert to the original $1.1 million.  Treasurer Reardon added that the Village has gotten a 60 days extension from the low bidders to hold the bids until after the election.


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

WHEREAS, it is in the best interests of all municipalities, school districts, and the county government of Westchester County to participate in a collective revaluation project to establish the most equitable assessment/tax rolls for all property owners and to ensure tax fairness for all;

THE VILLAGE OF CROTON-ON-HUDSON hereby agrees to participate in a county-wide revaluation so long as a minimum of 80 percent of the 25 cities and towns upon which the County bases its tax apportionment agree to do so at the same time on a shared-cost basis with the State, County and possibly school districts as part of a joint Intermunicipal agreement.


h)      On motion of TRUSTEE McCarthy, seconded by TRUSTEE Daubney, the  
following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:  

WHEREAS, the Village Fire Department provides ambulance service to the Mount     Airy Quaker Bridge District on a contract basis each year, and

WHEREAS, the Town has provided the Village with the 1999 Ambulance Agreement between the Town of Cortlandt and the Village of Croton-on-Hudson,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the 1999 agreement with the Town of Cortlandt covering calls made within the Mount Airy Quaker Bridge District which provides that the Town shall pay the Village the sum of $34,250.00 for providing this ambulance service.





REPORTS:

Village Manager Herbek reported that the 33 Brook Street residence is down; the contractor seems to be moving along.  Mr. Herbek stated that FEMA will be releasing funds for 4 of the Village’s 10 projects; the other 6 are under the Dept. of State’s Coastal Management Dept. for review and hope to see final payments within 90 days.

Treasurer Reardon reported that the budget preparation is underway; the finances are doing fine.

Trustee Watkins commented on the firehouse resolution just passed by the Board; that the problem that developed was that the estimates for renovation for the two firehouses were low and there was not enough approved to do the work; the options were to reduce the scale and do something less than what is appropriate for the welfare and safety of the Village or to approve the additional funding; the Board remains steadfast and firm in support of the Fire Dept.  Trustee Watkins urged the residents to vote in favor of this amendment.

Trustee McCarthy reported that on Feb. 7th there was a work session by the Board which included discussion of the firehouse renovation and the decision was to go back and propose this to the public to vote on the issue.  Trustee McCarthy added that there also was a joint meeting with the Recreation Advisory Committee and the School Board about a skateboard facility and a committee has been formed to look into short term and long term solutions to provide skateboard facilities in the community; they also spoke about PRE designation where the gorge property and Kaplan’s Pond can be designated PRE1 for passive recreation use; this will be the subject of further discussion.

Trustee Daubney announced that the Chamber of Commerce is starting an aggressive membership drive and asked residents to take the opportunity to join; the time is right.  Trustee Daubney reported that the new addition to the Library had roof problems; the contractor has been contacted and they hope he will be held responsible for correction of the problem.

Trustee Daubney made a motion to adjourn; seconded by Trustee McCarthy; approved unanimously.

The meeting was adjourned at 10 P.M.

Respectfully submitted,
Phyllis A. Bradbury, Secretary




Richard F. Herbek, Village Clerk