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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
 
August 6, 2001 Minutes
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, August 6, 2001 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 McCarthy
        Treasurer Reardon                       Trustee Wiegman
        Village Attorney Waldman                
                                                Absent: Trustee Harkins

1. CALL TO ORDER:

Mayor Elliott called the meeting to order at 8:05 p.m.  Everyone joined in the Pledge of Allegiance.

2. APPROVAL OF MINUTES:
Approval for the minutes of the Special Meeting of June 21, 2001 was held over to the next meeting of the Board of Trustees pending clarification.

Trustee Wiegman made a motion to approve the minutes of the Special Board Meeting held on June 28, 2001 as corrected.  Trustee Grant seconded the motion.  The Board voted as follows: Trustees Grant, Wiegman and Mayor Elliott, “aye”; Trustee McCarthy “abstain”.

Trustee Grant made a motion to approve the minutes of the Special Board Meeting held on July 5, 2001.  Trustee Wiegman seconded the motion.  Discussion:  corrections were made to paragraph 1.  Trustee Grant made a motion to approve the amendment to the minutes.  Trustee Wiegman seconded the motion. The Board voted unanimous approval

Trustee Grant made a motion to approve the minutes of the Regular Board Meeting held on July 9, 2001 as corrected.  Trustee Wiegman seconded the motion.  The Board voted 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 Wiegman and approved unanimously.

                General Fund    $ 163, 399.59
                Water Fund        6,066.54                                              
                Capital Accounts         13, 416.50
        Trust & Agency           3,360.00
                        $  186,242.63
4.      CORRESPONDENCE:

Village Manager Herbek read the following correspondence (full text available at the Village Office):
Letters from Sarah West, 14 Darby Avenue, and Sara Pojman & Carolyn Andrews, Hunter Street, requesting street closing for 2 block parties in September.  Trustee Grant made a motion to grant permission, with the usual caveats.  Trustee Wiegman seconded the motion, approved unanimously.
A letter from Dan Maguire, 17 High Street, regarding flooding and excessive run-off from a storm drain running between High Street and Prospect Place.  Village Manager Herbek stated that he met with a firm that had experience in storm water run-off issues and there was a follow up meeting that Ken Kraft attended; a proposal from that firm is expected shortly and they will begin working on this as quickly as possible.
A letter from Ralph G. Mastromonaco, Consulting Engineer, on behalf of Mr. Soo Chan Khian, with documents and an application for a special hardship permit for exemption under the Steep Slopes law.  Trustee Grant made a motion to refer this matter to the Planning Board; Trustee Wiegman seconded the motion; approved unanimously.
Village Manager Herbek stated that he has received a notice that the Town of Cortlandt will be holding a Public Hearing on August 14th at 7:30 p.m. on a proposed building moratorium for all subdivision development applications before the Planning Board of the Town of Cortlandt.
Village Manager Herbek stated that he has a note from Janet Nelson regarding parking problems at the shopping plaza near the Post Office.  Village Manager Herbek stated that he will take this up with Mr. Giordano.

CITIZEN PARTICIPATION:
Mary Fagan, Old Post Rd. North asked about the status of eliminating the smell on Old Post Rd. North about which she had come to the Board previously.  Village Manager Herbek replied that they thought the problem would be corrected when the Village did considerable work fixing sections of sewer main that was found to have collapsed; though this did not correct the problem, it was necessary to do this work.  Village Manager Herbek further added that they have contacted U.S. Filter and have received a proposal; Mr. Kraft has been authorized to proceed with the introduction of Bioxide at Arrowcrest and Skyview pump stations; the firm has guaranteed this will solve the problem; they will do a demonstration and the Village may have to do some further installations.  Ms. Fagan added that she wanted a date when the odor will be taken care of.  Village Manager Herbek replied that the company has stated that it will start in about 3 weeks.  Mayor Elliott suggested asking the firm to expedite their solution.  Trustee Grant stated that she agrees this has been going on for too long and they have demonstrated that if it is necessary to go out of the Village to get this done they would and that is what is being done.  Trustee McCarthy stated that she also spoke to Mr. Kraft about this problem and there is no excuse for this going on for so long.  Village Manager Herbek added that this has been put on top of the list and will be done as quickly as possible.

Fran Allen, 7 Finney Farm and owner of rental property on Old Albany Post Road, stated that the smell may affect the value of her rental property and it may be a health problem; because it has gone on so long, the answer given tonight is not satisfactory and wants to know if Bioxide is another experiment that may not work.  Village Manager Herbek stated that he will provide Ms. Allen with a copy of the proposal from U.S. Filter.

Joshua Goetz stated that the Skate Park placement should not be at CET School and suggested it should be at Vassallo Park, which is easier to get to and help, food and drink are nearby.  Michael Goetz stated that the daily parking at the train station is always filled and he was told that he was not allowed to park in a permit space.  Village Manager Herbek stated that residents can receive a daily permit and park in any space; he will review this with the staff.  Mr. Goetz stated also that the permit policy for Senasqua and Silver Lake is working well this year and suggested the Village send out notices of picture I.D. requirement at the end of the school year.  Mr. Goetz stated that the Village does not have municipal tennis courts and suggested courts be placed on the Village property by the river; they should not be expensive to put down.  Mr. Goetz said that the CET location would not be good for the Skateboard Park because of safety reasons; there also should be another Bicycle Park for younger kids along with the Skateboard Park.  Mr. Goetz asked if the Village has discussed purchasing property on Old Post Road No.  Mayor Elliott replied that it has been discussed, but it is owned by Chase and they have decided not to sell; also there are some wetlands on this property.

Michelle Celarier stated that she has used either Silver Lake or Senasqua almost 4 days a week and Silver Lake has gotten better this year.  Ms. Celarier read a statement regarding MetroEnviro where she urged the Board not to renew their special permit.  A copy of her statement is available in the Village office.

Maria Cudequest stated that she has concerns with MetroEnviro and the colorful characters associated with this facility; she is appalled that the Village is considering renewal of their permit.  Ms. Cudequest read a prepared statement and stated that it is time for those members of the Board who voted for it to admit a grave error in judgement and requested a denial of the renewal request.

Susan Lindauer, Cook Lane, stated that she called the Water Dept. in the beginning of the summer because of the bad smell; she believes new homes in the area are causing the problem and the Village should not use chemicals if it is just going to mask the problem.

Loretta Reilly, wife of Soo Chan Khian, asked if the Town’s proposed moratorium will have an impact on their request (see Correspondence, item c).  Mayor Elliott replied that it would not affect this request.

Pat Zanfardino asked what the engineer the Village is hiring for Brook Street will be doing and that they should be looking at River Landing.  Village Manager Herbek replied that all will be evaluated and he will be given suggestions where the Village might undertake improvements; he added that when the engineering firm is on board, he will include Mr. Zanfardino, who can give input, which would be helpful.  Mr. Zanfardino asked for an explanation of the resolution on the agenda relating to a collapsed culvert.  Village Manager Herbek explained that this is to put funds in place to do repair work of a problem that was the Village’s responsibility.  Mr. Zanfardino asked if the Village has contacted Sue Kelly and the Army Corp. of Engineers.  Village Manager Herbek replied that he has spoken to a representative of Congresswoman Kelly’s office and it was suggested he send a letter, which has been done.

Fran Allen, 7 Finney Farm, speaking again, stated that she looked at the proposal from U.S. Filter and suggested adding a time line, correlate time and temperature and to monitor the odor at Albany Post Rd and Stephenson Place, Finney Farm and along Riverside.

Don Daubney, Bungalow Rd., stated that the Duck Pond also has an odor.  He added that at the last public board meeting, this Board made a decision without consulting the board that made the policy; that the idea of a picture I.D. is an excellent policy; Senasqua is a small park and has been crowded and all were not Croton residents, in his opinion.  Mr. Daubney stated that the Village should get something from the County for assisting with Croton Point Park.  Mr. Daubney said, regarding MetroEnviro, that he is puzzled why Mr. Apollonio cleaned up the site and what was promised him that he did this; it is time to take a stand; a lot of evidence has come forward proving that they have broken the rules; there is no reason to believe they will be forthright with the Village.


RESOLUTIONS:

a.1     On motion of TRUSTEE GRANT,  seconded by TRUSTEE WIEGMAN,  the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:  

        RESOLVED:       that Sean P. Mulleavey is hereby promoted to the position of
Lieutenant from Eligibility List No. 88-016 at a salary of $82,724, effective August 7,
2001.

Discussion:  Trustee McCarthy questioned residency.  Village Manager Herbek replied that he is only 15 minutes away and it should not be a problem.

a.2     On motion of TRUSTEE GRANT,  seconded by TRUSTEE WIEGMAN,  the  following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:

WHEREAS:  Patrolman Richard Corvinus applied for a grant under the COPS Universal Hiring Program, which provides for monies to be utilized to expand the Police Department and emphasizes community policing; and

WHEREAS:  the Village was successful and was awarded the highest amount possible to cover two additional police officer positions for the next three years;

NOW THEREFORE BE IT RESOLVED: that William Davidson of Wallkill, NY, is hereby appointed as Police Officer, effective August 7, 2001, at a salary of $32,000, from the Westchester County Civil Service Eligibility List #60-539.

b.      The following resolution was offered by Trustee Georgianna Grant,who moved its adoption, seconded by Trustee Leo A.W. Wiegman, to wit:
BOND RESOLUTION, DATED AUGUST 6, 2001, AUTHORIZING THE ISSUANCE OF $153,000 SERIAL BONDS OF THE VILLAGE OF CROTON-ON-HUDSON, IN THE TOWN OF CORTLANDT, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW AND THE VILLAGE LAW OF THE STATE OF NEW YORK TO FINANCE THE COSTS OF THE RECONSTRUCTION AND IMPROVEMENT OF THE RECREATIONAL BUILDINGS AT SILVER LAKE SWIMMING FACILITY, AND SENASQUA PARK IN AND FOR THE VILLAGE

        WHEREAS, all necessary Federal, State of New York, County of Westchester and local permits, approvals and determinations of environmental impact of the purpose hereinafter referred to have been obtained or will have been obtained prior to the expenditure of proceeds of obligations to be authorized pursuant to this bond resolution; provided, however, that the proceeds of obligations to be authorized pursuant to this bond resolution may be expended to conduct concurrent environmental, engineering, economic, feasibility and other studies to undertake preliminary planning processes required to determine whether such purpose is subject to the provisions of the State Environmental Quality Review Act; and
WHEREAS, it is hereby determined pursuant to the provisions of the State Environmental Quality Review Act, Part 617 of 6 N.Y.C.R.R. that the purpose described in this bond resolution is a "Type II" Action within the meaning of Section 617.5(c) of 6 N.Y.C.R.R., and does not have a significant effect on the environment and does not require an environmental impact statement or any other determination under the State Environmental Quality Review Act, and a record of such determination shall be maintained in a file, readily accessible to the public, at the office of the Village Clerk; NOW, THEREFORE,
BE IT RESOLVED by the Board of Trustees of the Village of Croton-on-Hudson, in the Town of Cortlandt, County of Westchester, State of New York, as follows:
Section 1.  In order to finance the specific object or purpose hereinafter described, the Village of Croton-on-Hudson, in the Town of Cortlandt, County of Westchester, State of New York (the "Village") shall issue its Serial Bonds in the aggregate principal amount of $153,000 pursuant to the Local Finance Law and Village Law of the State of New York.
Section 2.  The specific object or purpose (hereinafter referred to as "purpose") to be financed by the issuance of such Serial Bonds is the cost to the Village for the reconstruction and improvement of the existing Bath Houses at the Silver Lake swimming and Senasqua Park recreation facilities in the Village, including building renovations and improvements, plumbing and electrical system upgrades, exterior reconstruction, paving and grading, drainage, landscaping, improving the rights of way and appurtenances, acquisition of any necessary land or rights-in-land, necessary furnishings, equipment and apparatus and preliminary costs and costs incidental thereto and the financing thereof for use in and by the Village and said purpose is hereby authorized to be undertaken by the Village.  The building is a building of not less than Class "B" construction as described in subdivision eleven (b) of paragraph a of Section 11.00 of the Local Finance Law.
Section 3.  It is hereby stated that (a) the estimated maximum cost of such purpose is $153,000, (b) the Village plans to finance such purpose by the use of $153,000 to be raised by the issuance of the Serial Bonds authorized by this bond resolution, and (c) except as hereinbefore stated, no moneys have been authorized to be applied to the financing of the purpose.  The amount authorized to be applied to such purpose from the proceeds of obligations authorized herein shall be reduced pro tanto by the amount of State or Federal or County of Westchester or Town of Cortlandt grants or moneys received by the Village for such purpose.
Section 4.  It is hereby determined that the purpose is an object or purpose for which Serial Bonds are to be issued and is described in subdivision 12(a)(2) of paragraph a of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of such purpose is fifteen (15) years.  The maximum maturity of the Serial Bonds will exceed five (5) years.
Section 5.  Subject to the terms and conditions of this bond resolution and of the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00, 53.00, and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize Bond Anticipation Notes in anticipation of the issuance of the Serial Bonds authorized by this bond resolution and the renewal of said notes, and the power to prescribe the terms, form and contents of the Serial Bonds, including the power to sell bonds at public or private sale or to issue bonds with substantially level or declining debt service or at a discount or premium, at fixed or variable rates of interest or with no interest whatsoever or as capital appreciation bonds and Bond Anticipation Notes and the power to sell and deliver the Serial Bonds and Bond Anticipation Notes issued in anticipation of the issuance of such bonds is hereby delegated to the Village Treasurer, as the chief fiscal officer, of the Village.  The Village Treasurer is hereby authorized to sign any Serial Bonds and Bond Anticipation Notes issued in anticipation of the issuance of the Serial Bonds and Bond Anticipation Notes issued pursuant to this bond resolution by manual or facsimile signature, and the Village Treasurer is hereby authorized to manually affix or impress or imprint a facsimile of the corporate seal of the Village to any of the Serial Bonds or Bond Anticipation Notes and to attest such seal by manual or facsimile signature.  Such obligations if executed by facsimile signature shall be authenticated by the manual countersignature of the Village Treasurer or a designated fiscal agent.
Section 6.  The faith and credit of the Village are hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due.
Section 7.  The Village intends to issue the obligations authorized by this bond resolution to finance the cost of such purpose described in Section 2 hereof.  The Village covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of (a) the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and (b) the facilities or purposes financed with the proceeds of such obligations, which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the "Code"), (except for the alternative minimum tax imposed on corporations by Section 55 of the Code) or subject the Village to any penalties under Section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any facilities financed thereby if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except for the alternative minimum tax imposed on corporations by Section 55 of the Code) or subject the Village to any penalties under Section 148 of the Code.  The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the obligations authorized herein or any other provision hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof.  The proceeds of the Serial Bonds and any Bond Anticipation Notes issued in anticipation of the sale of the Serial Bonds may be applied to reimburse expenditures or commitments made for the purposes on or after a date which is not more than one year prior to the adoption date of this bond resolution by the Village.  The Village expects to expend general funds or other available moneys for the purpose which shall be reimbursed from the proceeds of such obligations.
Section 8.  The validity of the Serial Bonds or of any Bond Anticipation Notes issued in anticipation of the sale of the Serial Bonds may be contested only if such obligations are authorized for an object or purpose for which the Village is not authorized to expend money, or the provisions of law which should be complied with at the date of the publication of this bond resolution, are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of publication, or if said obligations are authorized in violation of the provisions of the Constitution of New York.
Section 9.  The Village hereby covenants for the benefit of holders of obligations authorized herein to comply with the amendments to Rule 15c2-12 of the Securities Exchange Act of 1934 (the "Rule"), and in particular paragraphs (b)(5)(i)(A), (b)(5)(i)(B) and (b)(5)(i)(C) of the Rule, by providing to a nationally recognized municipal securities information repository:  (i) at least annually, current financial information concerning the Village, including annual audited financial statements and pertinent operating information, (ii) notice of any material events as set forth in paragraph (b)(5)(i)(C), and (iii) timely notice of a failure by the Village of which the Village has knowledge to provide the information required in (i) hereof, unless an exemption from such paragraph exists as provided in paragraph (d) of the Rule.
Section 10.  When this bond resolution takes effect, it shall be published in full by the Village Clerk of the Village, together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law, and such publication shall be in The Gazette, a newspaper having a general circulation in the Village and which is hereby designated as the official newspaper of the Village for such purpose.
Section 11.  This bond resolution is subject to a permissive referendum in accordance with Section 36.00 of the Local Finance Law and Article 9 of the Village Law and shall take effect upon the expiration of the thirty (30) day period.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:
MAYOR ROBERT W. ELLIOTT         VOTING  ___yea_____
TRUSTEE JAMES HARKINS, JR.      VOTING  __absent___
TRUSTEE GEORGIANNA K. GRANT     VOTING  ___yea_____
TRUSTEE DEBORAH Y. MCCARTHY     VOTING  ___yea_____
TRUSTEE LEO A.W. WIEGMAN                VOTING  ___yea_____
The bond resolution was declared adopted by the recorded affirmative vote of at least two-thirds (2/3) of the voting strength of the Board of Trustees.  

c.      The following resolution was offered by Trustee Grant, who moved it’s adoption, seconded by Trustee McCarthy to wit:

BOND RESOLUTION, DATED AUGUST 6, 2001, AUTHORIZING THE ISSUANCE OF $266,000 SERIAL BONDS OF THE VILLAGE OF CROTON-ON-HUDSON, IN THE TOWN OF CORTLANDT, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW AND THE VILLAGE LAW OF THE STATE OF NEW YORK TO FINANCE THE COSTS OF THE ACQUISITION OF MACHINERY AND APPARATUS FOR USE IN AND FOR THE VILLAGE

        - - - - - - - - - - - - - - - - - - - - - - - - -

BE IT RESOLVED by the Board of Trustees of the Village of Croton-on-Hudson, in the Town of Cortlandt, County of Westchester, State of New York, as follows:
Section 1.  In order to finance the specific objects or purposes hereinafter described, the Village of Croton-on-Hudson, in the Town of Cortlandt, County of Westchester, State of New York (the "Village") shall issue its Serial Bonds in the aggregate principal amount of $266,000 pursuant to the Local Finance Law and Village Law of the State of New York.
Section 2.  The specific objects or purposes (hereinafter referred to as "purposes") to be financed by the issuance of such Serial Bonds are the costs to the Village for the acquisition of police radios and communications equipment for the Police Department, kitchen equipment for the new Village Firehouse, and Municipal Building lead dust removal and cleansing, including necessary original apparatus and equipment, and costs related and incidental thereto and the financing thereof for use in and for the Village for the physical public improvement and betterment of the physical assets of the Village and such acquisitions and improvements are hereby authorized to be undertaken by the Village.
Section 3.  It is hereby stated that (a) the estimated maximum cost of such purposes is $266,000, (b) the Village plans to finance such purposes by the use of $266,000 to be raised by the issuance of the Serial Bonds authorized by this bond resolution, and (c) except as hereinbefore stated, no moneys have been authorized to be applied to the financing of the purpose.  The amount authorized to be applied to such purposes from the proceeds of obligations authorized herein shall be reduced pro tanto by the amount of State or Federal or County of Westchester or Town of Cortlandt grants or moneys received by the Village for such purposes.
Section 4.  It is hereby determined that each such purpose is an object or purpose for which Serial Bonds are to be issued and is described in subdivisions 32 or 35 of paragraph a of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of such purposes is five (5) years.  The maximum maturity of the Serial Bonds will not exceed five (5) years.
Section 5.  Subject to the terms and conditions of this bond resolution and of the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00, 53.00, and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize Bond Anticipation Notes in anticipation of the issuance of the Serial Bonds authorized by this bond resolution and the renewal of said notes, and the power to prescribe the terms, form and contents of the Serial Bonds, including the power to sell bonds at public or private sale or to issue bonds with substantially level or declining debt service or at a discount or premium, at fixed or variable rates of interest or with no interest whatsoever or as capital appreciation bonds and Bond Anticipation Notes and the power to sell and deliver the Serial Bonds and Bond Anticipation Notes issued in anticipation of the issuance of such bonds is hereby delegated to the Village Treasurer, as the chief fiscal officer, of the Village.  The Village Treasurer is hereby authorized to sign any Serial Bonds and Bond Anticipation Notes issued in anticipation of the issuance of the Serial Bonds and Bond Anticipation Notes issued pursuant to this bond resolution by manual or facsimile signature, and the Village Treasurer is hereby authorized to manually affix or impress or imprint a facsimile of the corporate seal of the Village to any of the Serial Bonds or Bond Anticipation Notes and to attest such seal by manual or facsimile signature.  Such obligations if executed by facsimile signature shall be authenticated by the manual countersignature of the Village Treasurer or a designated fiscal agent.
Section 6.  The faith and credit of the Village are hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due.
Section 7.  The Village intends to issue the obligations authorized by this bond resolution to finance the cost of such purpose described in Section 2 hereof.  The Village covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of (a) the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and (b) the facilities or purpose financed with the proceeds of such obligations, which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the "Code"), (except for the alternative minimum tax imposed on corporations by Section 55 of the Code) or subject the Village to any penalties under Section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any facilities financed thereby if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except for the alternative minimum tax imposed on corporations by Section 55 of the Code) or subject the Village to any penalties under Section 148 of the Code.  The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the obligations authorized herein or any other provision hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof.  The proceeds of the Serial Bonds and any Bond Anticipation Notes issued in anticipation of the sale of the Serial Bonds may be applied to reimburse expenditures or commitments made for the purpose on or after a date which is not more than one year prior to the adoption date of this bond resolution by the Village.  The Village expects to expend general funds or other available moneys for the purpose which shall be reimbursed from the proceeds of such obligations.
Section 8.  The validity of the Serial Bonds or of any Bond Anticipation Notes issued in anticipation of the sale of the Serial Bonds may be contested only if such obligations are authorized for an object or purpose for which the Village is not authorized to expend money, or the provisions of law which should be complied with at the date of the publication of this bond resolution, are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of publication, or if said obligations are authorized in violation of the provisions of the Constitution of New York.
Section 9.  The Village hereby covenants for the benefit of holders of obligations authorized herein to comply with the amendments to Rule 15c2-12 of the Securities Exchange Act of 1934 (the "Rule"), and in particular paragraphs (b)(5)(i)(A), (b)(5)(i)(B) and (b)(5)(i)(C) of the Rule, by providing to a nationally recognized municipal securities information repository:  (i) at least annually, current financial information concerning the Village, including annual audited financial statements and pertinent operating information, (ii) notice of any material events as set forth in paragraph (b)(5)(i)(C), and (iii) timely notice of a failure by the Village of which the Village has knowledge to provide the information required in (i) hereof, unless an exemption from such paragraph exists as provided in paragraph (d) of the Rule.
Section 10.  This bond resolution takes effect immediately and shall be published in full by the Village Clerk of the Village, together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law, and such publication shall be in The Gazette, a newspaper having a general circulation in the Village and which is hereby designated as the official newspaper of the Village for such purpose.

The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:
MAYOR ROBERT W. ELLIOTT         VOTING  ___aye_____
TRUSTEE JAMES HARKINS, JR.      VOTING  __absent___
TRUSTEE GEORGIANNA K. GRANT     VOTING  ___aye_____
TRUSTEE DEBORAH Y. MCCARTHY     VOTING  ___aye_____
TRUSTEE LEO A.W. WIEGMAN                VOTING  ___aye_____
The bond resolution was declared adopted by the recorded affirmative vote of at least two-thirds (2/3) of the voting strength of the Board of Trustees.  

d.      The following resolution was offered by Trustee McCarthy, who moved it’s adoption, seconded by Trustee Grant to wit:

BOND RESOLUTION, DATED AUGUST 6, 2001, AUTHORIZING THE ISSUANCE OF $407,500 SERIAL BONDS OF THE VILLAGE OF CROTON-ON-HUDSON, IN THE TOWN OF CORTLANDT, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW AND THE VILLAGE LAW OF THE STATE OF NEW YORK TO FINANCE THE COSTS OF THE ACQUISITION OF A NEW FIRE ENGINE PUMPER TRUCK FOR USE IN AND FOR THE VILLAGE

        - - - - - - - - - - - - - - - - - - - - - - - - -

BE IT RESOLVED by the Board of Trustees of the Village of Croton-on-Hudson, in the Town of Cortlandt, County of Westchester, State of New York, as follows:
Section 1.  In order to finance the specific object or purpose hereinafter described, the Village of Croton-on-Hudson, in the Town of Cortlandt, County of Westchester, State of New York (the "Village") shall issue its Serial Bonds in the aggregate principal amount of $407,500 pursuant to the Local Finance Law and Village Law of the State of New York.
Section 2.  The specific object or purpose (hereinafter referred to as "purpose") to be financed by the issuance of such Serial Bonds is the cost to the Village for the acquisition of a new fire pumper truck, including any original apparatus and equipment, and costs related and incidental thereto and the financing thereof, for use in and for the Village for fire protection and firefighting services and such acquisition is hereby authorized to be undertaken by the Village.
Section 3.  It is hereby stated that (a) the estimated maximum cost of such purpose is $407,500, (b) the Village plans to finance such purpose by the use of $407,500 to be raised by the issuance of the Serial Bonds authorized by this bond resolution, and (c) except as hereinbefore stated, no moneys have been authorized to be applied to the financing of the purpose.  The amount authorized to be applied to such purpose from the proceeds of obligations authorized herein shall be reduced pro tanto by the amount of State or Federal or County of Westchester or Town of Cortlandt grants or moneys received by the Village for such purpose.
Section 4.  It is hereby determined that the purpose is an object or purpose for which Serial Bonds are to be issued and is described in subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of such purpose is twenty (20) years.  The estimated maximum cost exceeds $50,000.  The maximum maturity of the Serial Bonds will exceed five (5) years.
Section 5.  Subject to the terms and conditions of this bond resolution and of the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00, 53.00, and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize Bond Anticipation Notes in anticipation of the issuance of the Serial Bonds authorized by this bond resolution and the renewal of said notes, and the power to prescribe the terms, form and contents of the Serial Bonds, including the power to sell bonds at public or private sale or to issue bonds with substantially level or declining debt service or at a discount or premium, at fixed or variable rates of interest or with no interest whatsoever or as capital appreciation bonds and Bond Anticipation Notes and the power to sell and deliver the Serial Bonds and Bond Anticipation Notes issued in anticipation of the issuance of such bonds is hereby delegated to the Village Treasurer, as the chief fiscal officer, of the Village.  The Village Treasurer is hereby authorized to sign any Serial Bonds and Bond Anticipation Notes issued in anticipation of the issuance of the Serial Bonds and Bond Anticipation Notes issued pursuant to this bond resolution by manual or facsimile signature, and the Village Treasurer is hereby authorized to manually affix or impress or imprint a facsimile of the corporate seal of the Village to any of the Serial Bonds or Bond Anticipation Notes and to attest such seal by manual or facsimile signature.  Such obligations if executed by facsimile signature shall be authenticated by the manual countersignature of the Village Treasurer or a designated fiscal agent.
Section 6.  The faith and credit of the Village are hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due.
Section 7.  The Village intends to issue the obligations authorized by this bond resolution to finance the cost of such purpose described in Section 2 hereof.  The Village covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of (a) the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and (b) the facilities or purpose financed with the proceeds of such obligations, which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the "Code"), (except for the alternative minimum tax imposed on corporations by Section 55 of the Code) or subject the Village to any penalties under Section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any facilities financed thereby if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except for the alternative minimum tax imposed on corporations by Section 55 of the Code) or subject the Village to any penalties under Section 148 of the Code.  The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the obligations authorized herein or any other provision hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof.  The proceeds of the Serial Bonds and any Bond Anticipation Notes issued in anticipation of the sale of the Serial Bonds may be applied to reimburse expenditures or commitments made for the purpose on or after a date which is not more than one year prior to the adoption date of this bond resolution by the Village.  The Village expects to expend general funds or other available moneys for the purpose which shall be reimbursed from the proceeds of such obligations.
Section 8.  The validity of the Serial Bonds or of any Bond Anticipation Notes issued in anticipation of the sale of the Serial Bonds may be contested only if such obligations are authorized for an object or purpose for which the Village is not authorized to expend money, or the provisions of law which should be complied with at the date of the publication of this bond resolution, are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of publication, or if said obligations are authorized in violation of the provisions of the Constitution of New York.
Section 9.  The Village hereby covenants for the benefit of holders of obligations authorized herein to comply with the amendments to Rule 15c2-12 of the Securities Exchange Act of 1934 (the "Rule"), and in particular paragraphs (b)(5)(i)(A), (b)(5)(i)(B) and (b)(5)(i)(C) of the Rule, by providing to a nationally recognized municipal securities information repository:  (i) at least annually, current financial information concerning the Village, including annual audited financial statements and pertinent operating information, (ii) notice of any material events as set forth in paragraph (b)(5)(i)(C), and (iii) timely notice of a failure by the Village of which the Village has knowledge to provide the information required in (i) hereof, unless an exemption from such paragraph exists as provided in paragraph (d) of the Rule.
Section 10.  When this bond resolution takes effect, it shall be published in full by the Village Clerk of the Village, together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law, and such publication shall be in The Gazette, a newspaper having a general circulation in the Village and which is hereby designated as the official newspaper of the Village for such purpose.
Section 11.  This bond resolution is subject to a permissive referendum in accordance with Section 36.00 of the Local Finance Law and Article 9 of the Village Law and shall take effect upon the expiration of the thirty (30) day period.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:
MAYOR ROBERT W. ELLIOTT         VOTING  ___aye_____
TRUSTEE JAMES HARKINS, JR.      VOTING  __absent____
TRUSTEE GEORGIANNA K. GRANT     VOTING  ___aye_____
TRUSTEE DEBORAH Y. MCCARTHY     VOTING  ___aye_____
TRUSTEE LEO A.W. WIEGMAN                VOTING  ___aye_____
The bond resolution was declared adopted by the recorded affirmative vote of at least two-thirds (2/3) of the voting strength of the Board of Trustees.  

e.      The following resolution was offered by Trustee Grant, who moved it’s adoption, seconded by Trustee Wiegman to wit:


BOND RESOLUTION, DATED AUGUST 6, 2001, AUTHORIZING THE ISSUANCE OF $229,500 SERIAL BONDS OF THE VILLAGE OF CROTON-ON-HUDSON, IN THE TOWN OF CORTLANDT, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW AND THE VILLAGE LAW OF THE STATE OF NEW YORK TO FINANCE THE COSTS OF THE RECONSTRUCTION AND CONSTRUCTION OF PORTIONS OF THE SANITARY SEWER SYSTEM IN AND FOR THE VILLAGE

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       WHEREAS, all necessary Federal, State of New York, County of Westchester and local permits, approvals and determinations of environmental impact of the purposes hereinafter referred to have been obtained or will have been obtained prior to the expenditure of proceeds of obligations to be authorized pursuant to this bond resolution; provided, however, that the proceeds of obligations to be authorized pursuant to this bond resolution may be expended to conduct concurrent environmental, engineering, economic, feasibility and other studies to undertake preliminary planning processes required to determine whether such purposes are subject to the provisions of the State Environmental Quality Review Act; and
WHEREAS, it is hereby determined pursuant to the provisions of the State Environmental Quality Review Act, Part 617 of 6 N.Y.C.R.R. that the purposes described in this bond resolution are "Type II" Actions within the meaning of Section 617.5(c) of 6 N.Y.C.R.R., and do not have a significant effect on the environment and do not require an environmental impact statement or any other determination under the State Environmental Quality Review Act, and a record of such determination shall be maintained in a file, readily accessible to the public, at the office of the Village Clerk; NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Croton-on-Hudson, in the Town of Cortlandt, County of Westchester, State of New York, as follows:
Section 1.  In order to finance the specific objects or purposes hereinafter described, the Village of Croton-on-Hudson, in the Town of Cortlandt, County of Westchester, State of New York (the "Village") shall issue its Serial Bonds in the aggregate principal amount of $229,500 pursuant to the Local Finance Law and Village Law of the State of New York.
Section 2.  The specific objects or purposes (hereinafter referred to as "purposes") to be financed by the issuance of such Serial Bonds are the costs to the Village for the reconstruction and construction of sanitary sewer lines at various locations in the Village as determined or to be determined by the Village Engineer and shall include without limitation:  (a) Palmer Avenue, (b) Stevensen Place, and (c) such additional locations as necessary, all in and for the Village, whether or not including land or rights-in-land, original furnishings, equipment, machinery or apparatus required for the use of such sanitary sewer system improvements and any preliminary costs and costs incidental thereto and the financing thereof and said purpose is hereby authorized to be undertaken by the Village.
Section 3.  It is hereby stated that (a) the estimated maximum cost of such purposes is $229,500, (b) the Village plans to finance such purposes by the use of $229,500 to be raised by the issuance of the Serial Bonds authorized by this bond resolution, and (c) except as hereinbefore stated, no moneys have been authorized to be applied to the financing of the purposes.  The amount authorized to be applied to such purposes from the proceeds of obligations authorized herein shall be reduced pro tanto by the amount of State or Federal or County of Westchester or Town of Cortlandt grants or moneys received by the Village for such purposes.
Section 4.  It is hereby determined that the purposes are objects or purposes for which Serial Bonds are to be issued and are described in subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of such purposes is forty (40) years.  The maximum maturity of the Serial Bonds will exceed five (5) years.
Section 5.  Subject to the terms and conditions of this bond resolution and of the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00, 53.00, and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize Bond Anticipation Notes in anticipation of the issuance of the Serial Bonds authorized by this bond resolution and the renewal of said notes, and the power to prescribe the terms, form and contents of the Serial Bonds, including the power to sell bonds at public or private sale or to issue bonds with substantially level or declining debt service or at a discount or premium, at fixed or variable rates of interest or with no interest whatsoever or as capital appreciation bonds and Bond Anticipation Notes and the power to sell and deliver the Serial Bonds and Bond Anticipation Notes issued in anticipation of the issuance of such bonds is hereby delegated to the Village Treasurer, as the chief fiscal officer, of the Village.  The Village Treasurer is hereby authorized to sign any Serial Bonds and Bond Anticipation Notes issued in anticipation of the issuance of the Serial Bonds and Bond Anticipation Notes issued pursuant to this bond resolution by manual or facsimile signature, and the Village Treasurer is hereby authorized to manually affix or impress or imprint a facsimile of the corporate seal of the Village to any of the Serial Bonds or Bond Anticipation Notes and to attest such seal by manual or facsimile signature.  Such obligations if executed by facsimile signature shall be authenticated by the manual countersignature of the Village Treasurer or a designated fiscal agent.
Section 6.  The faith and credit of the Village are hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due.
Section 7.  The Village intends to issue the obligations authorized by this bond resolution to finance the cost of such purposes described in Section 2 hereof.  The Village covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of (a) the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and (b) the facilities or purposes financed with the proceeds of such obligations, which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the "Code"), (except for the alternative minimum tax imposed on corporations by Section 55 of the Code) or subject the Village to any penalties under Section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any facilities financed thereby if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except for the alternative minimum tax imposed on corporations by Section 55 of the Code) or subject the Village to any penalties under Section 148 of the Code.  The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the obligations authorized herein or any other provision hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof.  The proceeds of the Serial Bonds and any Bond Anticipation Notes issued in anticipation of the sale of the Serial Bonds may be applied to reimburse expenditures or commitments made for the purposes on or after a date which is not more than one year prior to the adoption date of this bond resolution by the Village.  The Village expects to expend general funds or other available moneys for the purposes which shall be reimbursed from the proceeds of such obligations.
Section 8.  The validity of the Serial Bonds or of any Bond Anticipation Notes issued in anticipation of the sale of the Serial Bonds may be contested only if such obligations are authorized for an object or purpose for which the Village is not authorized to expend money, or the provisions of law which should be complied with at the date of the publication of this bond resolution, are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of publication, or if said obligations are authorized in violation of the provisions of the Constitution of New York.
Section 9.  The Village hereby covenants for the benefit of holders of obligations authorized herein to comply with the amendments to Rule 15c2-12 of the Securities Exchange Act of 1934 (the "Rule"), and in particular paragraphs (b)(5)(i)(A), (b)(5)(i)(B) and (b)(5)(i)(C) of the Rule, by providing to a nationally recognized municipal securities information repository:  (i) at least annually, current financial information concerning the Village, including annual audited financial statements and pertinent operating information, (ii) notice of any material events as set forth in paragraph (b)(5)(i)(C), and (iii) timely notice of a failure by the Village of which the Village has knowledge to provide the information required in (i) hereof, unless an exemption from such paragraph exists as provided in paragraph (d) of the Rule.
Section 10.  When this bond resolution takes effect, it shall be published in full by the Village Clerk of the Village, together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law, and such publication shall be in The Gazette, a newspaper having a general circulation in the Village and which is hereby designated as the official newspaper of the Village for such purpose.
Section 11.  This bond resolution is subject to a permissive referendum in accordance with Section 36.00 of the Local Finance Law and Article 9 of the Village Law and shall take effect upon the expiration of the thirty (30) day period.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:
MAYOR ROBERT W. ELLIOTT         VOTING  ___aye_____
TRUSTEE JAMES HARKINS, JR.      VOTING  __absent___
TRUSTEE GEORGIANNA K. GRANT     VOTING  ___aye_____
TRUSTEE DEBORAH Y. MCCARTHY     VOTING  ___aye_____
TRUSTEE LEO A.W. WIEGMAN                VOTING  ___aye_____
The bond resolution was declared adopted by the recorded affirmative vote of at least two-thirds (2/3) of the voting strength of the Board of Trustees.  

f.      The following resolution was offered by Trustee Grant, who moved its adoption, seconded by Trustee Wiegman to wit:


BOND RESOLUTION, DATED AUGUST 6, 2001, AUTHORIZING THE ISSUANCE OF $41,000 SERIAL BONDS OF THE VILLAGE OF CROTON-ON-HUDSON, IN THE TOWN OF CORTLANDT, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW AND THE VILLAGE LAW OF THE STATE OF NEW YORK TO FINANCE THE COSTS OF THE ACQUISITION OF A NEW DEPARTMENT OF PUBLIC WORKS VEHICLE FOR USE IN AND FOR THE VILLAGE

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BE IT RESOLVED by the Board of Trustees of the Village of Croton-on-Hudson, in the Town of Cortlandt, County of Westchester, State of New York, as follows:
Section 1.  In order to finance the specific object or purpose hereinafter described, the Village of Croton-on-Hudson, in the Town of Cortlandt, County of Westchester, State of New York (the "Village") shall issue its Serial Bonds in the aggregate principal amount of $41,000 pursuant to the Local Finance Law and Village Law of the State of New York.
Section 2.  The specific object or purpose (hereinafter referred to as "purpose") to be financed by the issuance of such Serial Bonds is the cost to the Village for the acquisition of one (1) new 4 x 4 Lo-Boy or equivalent truck, including necessary original apparatus and equipment, and costs related and incidental thereto and the financing thereof for use in and for the Village for the physical public improvement and betterment of the Village and such acquisition is hereby authorized to be undertaken by the Village.
Section 3.  It is hereby stated that (a) the estimated maximum cost of such purpose is $41,000, (b) the Village plans to finance such purpose by the use of $41,000 to be raised by the issuance of the Serial Bonds authorized by this bond resolution, and (c) except as hereinbefore stated, no moneys have been authorized to be applied to the financing of the purpose.  The amount authorized to be applied to such purpose from the proceeds of obligations authorized herein shall be reduced pro tanto by the amount of State or Federal or County of Westchester or Town of Cortlandt grants or moneys received by the Village for such purpose.
Section 4.  It is hereby determined that the purpose is an object or purpose for which Serial Bonds are to be issued and is described in subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of such purpose is fifteen (15) years.  The estimated cost of such purpose is $30,000 or more.  The maximum maturity of the Serial Bonds will exceed five (5) years.
Section 5.  Subject to the terms and conditions of this bond resolution and of the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00, 53.00, and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize Bond Anticipation Notes in anticipation of the issuance of the Serial Bonds authorized by this bond resolution and the renewal of said notes, and the power to prescribe the terms, form and contents of the Serial Bonds, including the power to sell bonds at public or private sale or to issue bonds with substantially level or declining debt service or at a discount or premium, at fixed or variable rates of interest or with no interest whatsoever or as capital appreciation bonds and Bond Anticipation Notes and the power to sell and deliver the Serial Bonds and Bond Anticipation Notes issued in anticipation of the issuance of such bonds is hereby delegated to the Village Treasurer, as the chief fiscal officer, of the Village.  The Village Treasurer is hereby authorized to sign any Serial Bonds and Bond Anticipation Notes issued in anticipation of the issuance of the Serial Bonds and Bond Anticipation Notes issued pursuant to this bond resolution by manual or facsimile signature, and the Village Treasurer is hereby authorized to manually affix or impress or imprint a facsimile of the corporate seal of the Village to any of the Serial Bonds or Bond Anticipation Notes and to attest such seal by manual or facsimile signature.  Such obligations if executed by facsimile signature shall be authenticated by the manual countersignature of the Village Treasurer or a designated fiscal agent.
Section 6.  The faith and credit of the Village are hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due.
Section 7.  The Village intends to issue the obligations authorized by this bond resolution to finance the cost of such purpose described in Section 2 hereof.  The Village covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of (a) the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and (b) the facilities or purpose financed with the proceeds of such obligations, which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the "Code"), (except for the alternative minimum tax imposed on corporations by Section 55 of the Code) or subject the Village to any penalties under Section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any facilities financed thereby if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except for the alternative minimum tax imposed on corporations by Section 55 of the Code) or subject the Village to any penalties under Section 148 of the Code.  The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the obligations authorized herein or any other provision hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof.  The proceeds of the Serial Bonds and any Bond Anticipation Notes issued in anticipation of the sale of the Serial Bonds may be applied to reimburse expenditures or commitments made for the purpose on or after a date which is not more than one year prior to the adoption date of this bond resolution by the Village.  The Village expects to expend general funds or other available moneys for the purpose which shall be reimbursed from the proceeds of such obligations.
Section 8.  The validity of the Serial Bonds or of any Bond Anticipation Notes issued in anticipation of the sale of the Serial Bonds may be contested only if such obligations are authorized for an object or purpose for which the Village is not authorized to expend money, or the provisions of law which should be complied with at the date of the publication of this bond resolution, are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of publication, or if said obligations are authorized in violation of the provisions of the Constitution of New York.
Section 9.  The Village hereby covenants for the benefit of holders of obligations authorized herein to comply with the amendments to Rule 15c2-12 of the Securities Exchange Act of 1934 (the "Rule"), and in particular paragraphs (b)(5)(i)(A), (b)(5)(i)(B) and (b)(5)(i)(C) of the Rule, by providing to a nationally recognized municipal securities information repository:  (i) at least annually, current financial information concerning the Village, including annual audited financial statements and pertinent operating information, (ii) notice of any material events as set forth in paragraph (b)(5)(i)(C), and (iii) timely notice of a failure by the Village of which the Village has knowledge to provide the information required in (i) hereof, unless an exemption from such paragraph exists as provided in paragraph (d) of the Rule.
Section 10.  When this bond resolution takes effect, it shall be published in full by the Village Clerk of the Village, together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law, and such publication shall be in the Gazette, a newspaper having a general circulation in the Village and which is hereby designated as the official newspaper of the Village for such purpose.
Section 11.  This bond resolution is subject to a permissive referendum in accordance with Section 36.00 of the Local Finance Law and Article 9 of the Village Law and shall take effect upon the expiration of the thirty (30) day period.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:
MAYOR ROBERT W. ELLIOTT         VOTING  ___aye_____
TRUSTEE JAMES HARKINS, JR.      VOTING  __absent___
TRUSTEE GEORGIANNA K. GRANT     VOTING  ___aye_____
TRUSTEE DEBORAH Y. MCCARTHY     VOTING  ___aye_____
TRUSTEE LEO A.W. WIEGMAN                VOTING  ___aye_____
The bond resolution was declared adopted by the recorded affirmative vote of at least two-thirds (2/3) of the voting strength of the Board of Trustees.  

g.   The following resolution was offered by Trustee Wiegman, who moved its adoption, seconded by Trustee McCarthy to wit:


BOND RESOLUTION, DATED AUGUST 6, 2001, AUTHORIZING THE ISSUANCE OF $483,000 SERIAL BONDS OF THE VILLAGE OF CROTON-ON-HUDSON, IN THE TOWN OF CORTLANDT, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW AND THE VILLAGE LAW OF THE STATE OF NEW YORK TO FINANCE THE COSTS OF THE CONSTRUCTION, RECONSTRUCTION AND IMPROVEMENT OF VARIOUS PUBLIC SIDEWALKS IN AND FOR THE VILLAGE

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       WHEREAS, all necessary Federal, State of New York, County of Westchester and local permits, approvals and determinations of environmental impact of the purposes hereinafter referred to have been obtained or will have been obtained prior to the expenditure of proceeds of obligations to be authorized pursuant to this bond resolution; provided, however, that the proceeds of obligations to be authorized pursuant to this bond resolution may be expended to conduct concurrent environmental, engineering, economic, feasibility and other studies to undertake preliminary planning processes required to determine whether such purposes are subject to the provisions of the State Environmental Quality Review Act; and

WHEREAS, it is hereby determined pursuant to the provisions of the State Environmental Quality Review Act, Part 617 of 6 N.Y.C.R.R. that the purposes described in this bond resolution are "Type II" Actions within the meaning of Section 617.5(c) of 6 N.Y.C.R.R., and do not have a significant effect on the environment and do not require an environmental impact statement or any other determination under the State Environmental Quality Review Act, and a record of such determination shall be maintained in a file, readily accessible to the public, at the office of the Village Clerk; NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Croton-on-Hudson, in the Town of Cortlandt, County of Westchester, State of New York, as follows:
Section 1.  In order to finance the specific objects or purposes hereinafter described, the Village of Croton-on-Hudson, in the Town of Cortlandt, County of Westchester, State of New York (the "Village") shall issue its Serial Bonds in the aggregate principal amount of $483,000 pursuant to the Local Finance Law and Village Law of the State of New York.
Section 2.  The specific objects or purposes (hereinafter referred to as "purposes") to be financed by the issuance of such Serial Bonds are the costs to the Village for the construction, reconstruction and improvement of public sidewalks, curbs and gutters at various locations in the Village as determined or to be determined by the Village Engineer and shall include without limitation:  (a) Route 9 and Municipal Place, (b) Route 9 and Olcott, (c) Hunter Place stone retaining wall, and (d) additional locations, all in and for the Village, including new sidewalks, curbs, gutters, drainage, landscaping, grading or improving the rights-of-way, retaining wall and improvements in connection therewith, and engineering, consultant, legal and any preliminary costs and costs incidental thereto and the financing thereof, for use in and by the Village and such purposes are hereby authorized to be undertaken by the Village.
Section 3.  It is hereby stated that (a) the estimated maximum cost of such purposes is $483,000, (b) the Village plans to finance such purposes by the use of $483,000 to be raised by the issuance of the Serial Bonds authorized by this bond resolution, and (c) except as hereinbefore stated, no moneys have been authorized to be applied to the financing of the purposes.  The amount authorized to be applied to such purposes from the proceeds of obligations authorized herein shall be reduced pro tanto by the amount of State or Federal or County of Westchester or Town of Cortlandt grants or moneys received by the Village for such purposes.
Section 4.  It is hereby determined that the purposes are objects or purposes for which Serial Bonds are to be issued and are described in subdivision twenty-four of paragraph a of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of such purposes is ten (10) years.  The maximum maturity of the Serial Bonds will exceed five (5) years.

Section 5.  Subject to the terms and conditions of this bond resolution and of the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00, 53.00, and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize Bond Anticipation Notes in anticipation of the issuance of the Serial Bonds authorized by this bond resolution and the renewal of said notes, and the power to prescribe the terms, form and contents of the Serial Bonds, including the power to sell bonds at public or private sale or to issue bonds with substantially level or declining debt service or at a discount or premium, at fixed or variable rates of interest or with no interest whatsoever or as capital appreciation bonds and Bond Anticipation Notes and the power to sell and deliver the Serial Bonds and Bond Anticipation Notes issued in anticipation of the issuance of such bonds is hereby delegated to the Village Treasurer, as the chief fiscal officer, of the Village.  The Village Treasurer is hereby authorized to sign any Serial Bonds and Bond Anticipation Notes issued in anticipation of the issuance of the Serial Bonds and Bond Anticipation Notes issued pursuant to this bond resolution by manual or facsimile signature, and the Village Treasurer is hereby authorized to manually affix or impress or imprint a facsimile of the corporate seal of the Village to any of the Serial Bonds or Bond Anticipation Notes and to attest such seal by manual or facsimile signature.  Such obligations if executed by facsimile signature shall be authenticated by the manual countersignature of the Village Treasurer or a designated fiscal agent.
Section 6.  The faith and credit of the Village are hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due.
Section 7.  The Village intends to issue the obligations authorized by this bond resolution to finance the cost of such purposes described in Section 2 hereof.  The Village covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of (a) the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and (b) the facilities or purposes financed with the proceeds of such obligations, which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the "Code"), (except for the alternative minimum tax imposed on corporations by Section 55 of the Code) or subject the Village to any penalties under Section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any facilities financed thereby if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except for the alternative minimum tax imposed on corporations by Section 55 of the Code) or subject the Village to any penalties under Section 148 of the Code.  The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the obligations authorized herein or any other provision hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof.  The proceeds of the Serial Bonds and any Bond Anticipation Notes issued in anticipation of the sale of the Serial Bonds may be applied to reimburse expenditures or commitments made for the purposes on or after a date which is not more than one year prior to the adoption date of this bond resolution by the Village.  The Village expects to expend general funds or other available moneys for the purposes which shall be reimbursed from the proceeds of such obligation.
Section 8.  The validity of the Serial Bonds or of any Bond Anticipation Notes issued in anticipation of the sale of the Serial Bonds may be contested only if such obligations are authorized for an object or purpose for which the Village is not authorized to expend money, or the provisions of law which should be complied with at the date of the publication of this bond resolution, are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of publication, or if said obligations are authorized in violation of the provisions of the Constitution of New York.
Section 9.  The Village hereby covenants for the benefit of holders of obligations authorized herein to comply with the amendments to Rule 15c2-12 of the Securities Exchange Act of 1934 (the "Rule"), and in particular paragraphs (b)(5)(i)(A), (b)(5)(i)(B) and (b)(5)(i)(C) of the Rule, by providing to a nationally recognized municipal securities information repository:  (i) at least annually, current financial information concerning the Village, including annual audited financial statements and pertinent operating information, (ii) notice of any material events as set forth in paragraph (b)(5)(i)(C), and (iii) timely notice of a failure by the Village of which the Village has knowledge to provide the information required in (i) hereof, unless an exemption from such paragraph exists as provided in paragraph (d) of the Rule.
Section 10.  When this bond resolution takes effect, it shall be published in full by the Village Clerk of the Village, together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law, and such publication shall be in The Gazette, a newspaper having a general circulation in the Village and which is hereby designated as the official newspaper of the Village for such purpose.
Section 11.  This bond resolution is subject to a permissive referendum in accordance with Section 36.00 of the Local Finance Law and Article 9 of the Village Law and shall take effect upon the expiration of the thirty (30) day period.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:
MAYOR ROBERT W. ELLIOTT         VOTING  ___aye_____
TRUSTEE JAMES HARKINS, JR.      VOTING  __absent___
TRUSTEE GEORGIANNA K. GRANT     VOTING  ___aye_____
TRUSTEE DEBORAH Y. MCCARTHY     VOTING  ___aye_____
TRUSTEE LEO A.W. WIEGMAN                VOTING  ___aye_____
The bond resolution was declared adopted by the recorded affirmative vote of at least two-thirds (2/3) of the voting strength of the Board of Trustees.  

g.1     On motion of TRUSTEE Grant,  seconded by  TRUSTEE Wiegman,  the  following resolution was unanimously adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York:

WHEREAS, the Board of Trustees intends to make various improvements to the Croton Waterfront Park (formerly Seprieo); and

WHEREAS, these improvements include: the clean-up and construction of a handicapped-accessible trail in the northern section, a construction of a fence between the railroad tracks and the property, construction of a water main line to the property and improvement of the access road to the property; and

WHEREAS, the Village Board is concerned about the environmental impacts of these actions; and

WHEREAS, a Short Environmental Assessment form has been prepared,

NOW THEREFORE BE IT RESOLVED: that the Board of Trustees declares itself to be lead agency with respect to these actions,

AND BE IT FURTHER RESOLVED: that the Board of Trustees has determined that the proposed action is an unlisted action under SEQRA and will not have a significant effect on the environment,

AND BE IT FURTHER RESOLVED: that the Board of Trustees does hereby adopt the attached Negative Declaration.

Discussion:  Trustee McCarthy stated she felt that if the Village is not willing to provide funding, they should not apply for grants; many of these items are discretionary; there are very serious projects that have to be done now.  Village Manager Herbek replied that all these projects are consistent with the Waterfront Master Plan and are part of long-term planning.

h.      On motion of TRUSTEE Grant, seconded by TRUSTEE Wiegman, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with the following vote: Trustees Grant and Wiegman and Mayor Elliott “aye”; Trustee McCarthy “nay”.  

RESOLVED:
That Richard F. Herbek, as Village Manager of Village of Croton-on-Hudson, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or Title 3 of the Clean Water/Clean Air Bond Act, in an amount not to exceed $133,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Village of Croton-on-Hudson for the Clean Up of the Northern Section of Croton Waterfront Park, and Extension of Handicapped – Accessible Trail.

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

RESOLVED:
That Richard F. Herbek, as Village Manager of Village of Croton-on-Hudson, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or Title 3 of the Clean Water/Clean Air Bond Act, in an amount not to exceed $100,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Village of Croton-on-Hudson for the Construction of a Fence or Barrier Between the Railroad Tracks and Croton Waterfront Park.

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 the following vote: Trustees Grant and Wiegman and Mayor Elliott “aye”; Trustee McCarthy “nay”.  

        RESOLVED:
That Richard F. Herbek, as Village Manager of Village of Croton-on-Hudson, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or Title 3 of the Clean Water/Clean Air Bond Act, in an amount not to exceed $262,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Village of Croton-on-Hudson for the improvement of the access road to the Croton Waterfront Park.

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

RESOLVED:
That Richard F. Herbek, as Village Manager of Village of Croton-on-Hudson, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or Title 3 of the Clean Water/Clean Air Bond Act, in an amount not to exceed $150,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Village of Croton-on-Hudson for the construction of a water-main line to the Croton Waterfront Park.

l.      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 Board wishes to consider the environmental impacts of adopting the proposed Greenway Compact Plan as a local law; and

WHEREAS, a Full Environmental Assessment form has been prepared; and

WHEREAS, the proposed Greenway Compact Plan is a Type 1 SEQR action,

NOW THEREFORE BE IT RESOLVED: that the Village Board declares its intent to serve as lead agency for this action and authorizes circulation of the EAF to all interested parties,

AND BE IT FUTHER RESOLVED: that the Village Board calls for a Public Hearing on September 4, 2001 to consider the issuance of a positive or negative determination of significance concerning this matter and then to adopt the Greenway Compact Plan as Local Law Introductory No. 12 of 2001.

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

WHEREAS, in 1996 the New York State Legislature amended Section 467 of the Real Property Tax Law to authorize, by local law or resolution, the exclusion of unreimbursed or uninsured medical and prescription drug expenses from the income qualification calculation under the senior citizens real property tax exemption program; and

WHEREAS, the Board of Trustees desires to implement this provision with the approval of a Local Law,

NOW THEREFORE BE IT RESOLVED: that the Board of Trustees hereby calls a Public Hearing on September 4, 2001 to discuss Local Law Introductory No. 13 of 2001 amending Chapter 204, Article II, of the Croton on Hudson Village Code.

n.      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 Transportation Equity Act for the 21st Century, known as TEA-21 was signed into law on June 9, 1998 and it covers a six year period through FFY 2003, and

WHEREAS, among the various funding programs it authorizes, TEA-21 includes the Transportation Enhancement Program as a part of a larger surface transportation program, and

WHEREAS, the Transportation Enhancement Program provides Federal funding to project sponsors for the implementation of special transportation improvements which add value to the surface transportation system by enhancing the total environment of the system, and

WHEREAS, the Village Board would like to submit an application to this program for continued facility improvements to the Croton Harmon Railroad Station which will be of value particularly for those using bicycles and for pedestrians as, and

WHEREAS, such improvements will also involve landscaping and other scenic beautification, and

WHEREAS, the Village has received a proposal from the firm of Cherbuliez/ Munz, Landscape Architects and Site Planners to work on the submission of a TEA-21 Grant application for improvements to the Croton Harmon Commuter Parking Lot, for a fee not to exceed $5,000,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the agreement with the Firm of Cherbuliez/ Munz, Landscape Architects and Site Planners to work on the submission of a TEA-21 Grant application for improvements to the Croton Harmon Commuter Parking Lot, for a fee not to exceed $5,000.

NOW THEREFORE BE IT FURTHER RESOLVED: that the Village Treasurer amend the following account to fund this study:

Increase    001-5650.0400  by   $  5,000.00     ( Parking Contractual )
Decrease   001-1990.0400  by   $  5,000.00     ( Contingent )


The resolution authorizing the Village Manager to sign an agreement with Chazen Engineering for environmental review of the special permit for Metro Enviro was withdrawn.

p.      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:

WHEREAS, the Village Board has long been concerned about the amount of overtime in the Police Department, and

WHEREAS, the Village Manager has obtained a proposal from the firm of Management Partners Inc., of Cincinnati, Ohio to review the overtime situation and to render a report to the Board for the amount of $6,000,


NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the agreement with Management Partners Inc., of Cincinnati, Ohio to review the overtime situation and to render a report to the Board for the amount of $6,000.

NOW THEREFORE BE IT FURTHER RESOLVED: that the Village Treasurer amend the following account to fund this study:

Increase    001-3120.0400  by   $  6,000.00     ( Police  Contractual )
Decrease   001-1990.0400  by   $  6,000.00     ( Contingent )

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

WHEREAS, the members of Washington Engine Firehouse desire to have a cannon as a static display for historical purposes; and

WHEREAS, the necessary paperwork has been received to apply to the Department of the Army for a cannon;

NOW THEREFORE BE IT RESOLVED: that the Board of Trustees fully supports this idea and agrees to assume the responsibility for the upkeep and safety of the cannon.  

 r.1    On motion of TRUSTEE McCarthy,  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, a culvert collapsed on Brook Street during a recent storm; and

WHEREAS, funds to replace said unit were not budgeted in the Storm sewer account for such emergencies; and

WHEREAS, the Treasurer has requested funds in the 2001-2002 budget to be amended to address the repair; and

WHEREAS: the Treasurer has reviewed the budget and has requested the following budget transfer to accommodate this purchase:

Increase   001-8140.400  by      $  6,580.00     ( Contractual Expense )
Decrease  001-1990.400  by      $  6,580.00     ( Contingent )

Now Therefore be it resolved that the Village Treasurer amend the 2001 -2002 General Fund budget to reflect these changes.

r.2     On motion of TRUSTEE Grant,  seconded by  TRUSTEE Wiegman,  the  following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York

WHEREAS, the Village Treasurer wishes to transfer money from both the General Fund’s Undesignated fund balance, and the Water Fund’s Undesignated fund balance to the Debt Service Fund for the purpose of paying for several capital projects and offsetting debt balances; and

WHEREAS, the following accounts will be amended;

001-0001-5990 Appropriated Fund Balance         $ 600,000.00
001-0001-9600 Appropriations Capital projects                   $ 400,000.00
001-0001-9600 Appropriations Debt Service                               $ 200,000.00
002-0002-5990 Appropriated Fund Balance         $ 170,000.00
002-0002-9600 Appropriations Capital projects                   $ 170,000.00
                       
Now Therefore be it
RESOLVED that the Village Treasurer is hereby authorized to make such transfers as shown above.


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

The era of the Vietnam War was a painful and divisive time for our country and for our Village.  THEREFORE, BE IT RESOLVED,

The Village of Croton-on-Hudson endorses the Croton Adopt-a-Minefield Campaign as a community-based project.  The Mayor and the Trustees urge Croton citizens, their friends and families to contribute financially to this worthy cause which will result in the removal of landmines from a minefield in Vietnam.

REPORTS:

Village Manager Herbek stated that he has provided the Trustees with an update via email and reports; there will be a work session on August 13th with an extensive agenda and Ken Kraft will be present.

Trustee Wiegman thanked the Dept. of Recreation staff for their labors when the capacity at Silver Lake exceeded the limit, they did a commendable job and handled it very well.  Trustee Wiegman added that there will be a VEB meeting this week and he will do a report.

Trustee McCarthy reported that she received a telephone call regarding the plantings on an island by the Lutheran church; some have grown high and it was suggested they be kept lower so the vision will be a little bit better.  Trustee McCarthy requested the matter of the skateboard park be added to the next work session and include the tennis court requested by Michael Goetz.

Trustee Grant noted the demise of Dan Salzberg and that his memorial service was attended by over 200 people; he gave much to the community and will be very much missed.  Trustee Grant asked about the status of Waterfront Road.  Village Manager Herbek replied that the next thing that has to be done is an inter-agency agreement between Metro North and the Dept. of Transportation, but it is their responsibility.  Trustee Grant also asked if construction has started on Half Moon Bay.  The reply was “no”.

Mayor Elliott added that Dan Salzburg is already missed and will be for a very long time.

Trustee Grant made a motion to adjourn.  Trustee McCarthy seconded the motion; approved unanimously.  The meeting was adjourned at 11:40 P.M.


Respectfully submitted,


Phyllis A. Bradbury, Secretary


Village Clerk