A regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, May 20, 2002 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.
The following officials were present:
Mayor Elliott Trustee Grant
Treasurer Reardon Trustee Schmidt
Village Attorney Waldman Trustee McCarthy
Trustee Wiegman
Absent: Village Manager Herbek
1. CALL TO ORDER:
Mayor Elliott called the meeting to order at 8:06 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 May 6, 2002 as corrected. Trustee Schmidt seconded the motion. The minutes were approved 4 0 with Trustee McCarthy 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 Wiegman and approved unanimously.
General Fund $ 53,526.70
Water Fund 2,257.33
Capital Acct 79,312.44
Trust & Agency 16,571.90
$151,668.37
4. PUBLIC HEARINGS:
a. To discuss Local Law Introductory No. 4 of 2002, amending Section 70 of the Village Code Alarm Systems.
Mayor Elliott opened the public hearing on Local Laws Introductory No. 4 and Introductory No. 5. There were no speakers on these laws and the hearing was closed. On the motion of Trustee Grant, seconded by Trustee Wiegman, the following local law was adopted by a vote of 4 0 1 with Trustee McCarthy abstaining. After adoption Local Law Introductory No. 4 became Local Law No. 5 of 2002.
Village of Croton-on-Hudson
Local Law No. 5 of the year 2002
A local law amending Section 70 of the Village Code Alarm Systems
Be it enacted by the Board of Trustees of the
Village of Croton-on-Hudson as follows:
Section 1. § 70-2 Definitions is hereby amended by adding the definition of Lessee to read as follows:
Any person applying for an alarm permit renting or using the premises who is not the property owner.
Section 2. § 70-4 (A) is hereby amended to read as follows:
Application for an alarm user permit shall be made as follows: Any property owner or lessee of property in the Village of Croton-on-Hudson having on such premises an alarm device or system of alarm devices shall apply to the Village Manager or other Village agent for a permit to own or otherwise have such a device. Each lessee must have written authorization from the property owner acknowledging liability for any and all fines incurred by their lessee. No such device may be installed on the premises of the owner or lessee prior to the issuance of a permit to such owner or lessee. In addition, the Village will notify the landlord of any false alarm against the property and any fines imposed by virtue of the tenant s alarm permit.
Section 5. Local Law shall be effective upon filing in the office of the Secretary of State.
:
Discussion: Trustee McCarthy stated that she felt the alarm law was an abusive revenue raising measure.
b. To discuss Local Law Introductory No. 5 of 2002, amending Section 70 of the Village Code Alarm Systems.
On the motion of Trustee Grant, seconded by Trustee Schmidt, the following law was adopted by a vote of 4 - 0 1 with Trustee McCarthy abstaining. After adoption, Introductory No. 5 became Local Law No. 6 of 2002.
Village of Croton-on-Hudson
Local Law No. 6 of the year 2002
A local law amending Section 70 of the Village Code Alarm Systems
Be it enacted by the Board of Trustees of the
Village of Croton-on-Hudson as follows:
Section 1. § 70-4 (B) is changed to Section 70-4(C) and Section 70-4(B) is hereby added to read as follows:
Such permit shall be renewed on an annual basis starting in January of each year and ending in December of the same year. All applications and renewals shall require certification, by an alarm agent licensed by the licensing authority, that the device or system of devices is in good working order and meets all applicable code requirements within (12) months prior to the application or renewal.
Section 2. § 70-15 Charges is hereby amended to read as follows.
Any owner or lessee of property having an alarm device or system of devices on such premises and any user of services or equipment furnished by a licensee under this chapter shall pay to the Village of Croton-on-Hudson a charge for each and every false alarm occurring in any calendar year beginning with January 1, 2003.
Section 3. Local Law shall be effective on January 1, 2003.
5. CORRESPONDENCE:
a. Frederick Berner, Sidley Austin Brown & Wood LLP, regarding Millennium
Pipeline. The village was copied on a letter to FERC on behalf of Millennium Pipeline enclosing copies of the May 9, 2002 letter from the New York State Department of State objecting to Millennium s consistency certification under the provisions of the Coastal Zone Management Act. Mr. Berner stated that Millennium will make a prompt appeal of this decision to the Secretary of the U.S. Dept. of Commerce. A letter from the NYSDEC is also being sent to FERC in which the DEC concludes they have “no conceptual problems” with the proposed plans for the rock removal plans for the pipeline.
Discussion: None
b. Marc Moran, NYS DEC, re: Metro North Railroad s Harmon Facility. Mr. Moran responded to a letter from Manager Herbek which enclosed Mr. Joseph Bencivenga s statement about diesel emissions at the Metro North yards. Mr. Moran stated that this is under the control of the Federal Environmental Protection Agency which sets the standards for emissions. The NYS DEC is unable to help in this matter.
Discussion: none
c. Governor Pataki, re: new building regulations in New York State. New building codes will be adopted in July and, after a 180-day grace period, all building permit applications must be in compliance with the new code.
Discussion: Trustee Grant asked if the village knows what the changes are? Treasurer Reardon stated that Kary and Joe both attended classes on the changes.
d. David Rothman, Assistant County Attorney, re: Southern Access Road and Trailway Linkage Half Moon Bay. A letter responding to Manager Herbek s request for the County to prepare either a license or an intermunicipal agreement for the Village taking responsibility for the maintenance, repairs and upkeep of the Southern Access Road. Mr. Rothman specified what steps have to occur prior to the County doing this.
Discussion: Trustee Schmidt asked if this is just for the trail. Mayor Elliott responded that is was, but the trail easement and the southern access road arrangement are inter-related. Attorney Waldman clarified what the letter was asking for.
e. Emilie Spaulding, Cablevision, re: rate changes. The letter informed the village that Cablevision has implemented a plan to issue rebates to MSG Network subscribers to compensate for the loss of Yankees games previously included in their cable package.
Discussion: Trustee McCarthy asked if anyone knew the status of proposed State legislation about requiring municipalities to offer at least two choices of cable providers. Mayor Elliott said it did not go anywhere; a provider cannot be required to go to any community. Trustee McCarthy said an appropriate organization should contact another provider to see if they could be interested. GG asked who our liaison is. Trustee McCarthy said it was she but that she has not had any success in talking with them.
f. Andrew Spano, Westchester county Executive, re: Property Tax Relief Act. Mr. Spano proposes a sales tax increase of one penny on the dollar outside of the county s four major cities. Twenty five percent of the money raised would be shared with all municipal governments and school districts. The letter asks for a resolution of support for this measure.
Discussion: Trustee Wiegman asked if the village board needed to act on this matter? Sales tax is a regressive tax. 25% is less than what we currently get from the county for sales tax. Is this opening the door for the county to try to lower the existing percentage. Mayor Elliott stated that the board does not have to take action on it. He stated that the village could also write a letter to the county delegation to Albany expressing the concerns Trustee Wiegman raised. Treasurer Reardon said that lowering the current amount of sales tax returned to municipalities would be devastating to the communities. The board decided not to respond to this request.
g. Stephen Dominello, Fire Council President, re: request by the Fire Department for the replacement of the department s ladder truck. The Council recommends that the Village purchase a demo model, Pierce 100 foot tower ladder.
h. Ann Gallelli, Planning Board, re: Malom/Murray application for Special Hardship and Mixed Use Permit. The Planning Board has granted a preliminary subdivision approval for this application and is recommending the granting of the two permits from the Village Board with conditions.
i. Carol Ann Lakowits-Pusey, requesting permission for a block party on Hastings Ave. on Monday, May 27th from 1 pm to dusk. It would require the street to be closed. Trustee Wiegman made a motion to approve this permit. It was seconded by Trustee Grant and approved unanimously.
5. CITIZEN PARTICIPATION:
Mr. Phil Tully, 4 Eklof Court, asked if his letter had been received by the Trustees. All answered yes and he asked when it was received. It was dated 5/15 and received 5/16; should have been on this agenda. He asked if it was not this Board s policy to read all correspondence. Mayor Elliott said he would read it tonight. Treasurer Reardon read the letter in its entirety about a situation that has developed between Mr. Tully and the Village Engineer. Mr. Tully submitted an application for a client and the Village Engineer has insisted on more copies of supporting plans than the law requires. The Village Engineer cannot dictate this. Mr. Tully said the Village Engineer should be held accountable. Since the Village Manager is not doing this, the Village Board should do it.
Mr. Tully asked what the Village Board was going to do about this. Mayor Elliott stated that Manager Herbek had spoken to him and the Village Engineer has responded both verbally and in writing. Changes will be made to the law. Mr. Tully said this did not deal with his complaint. Village Attorney Waldman said that the legislative history of the law should be researched and also what the practice has been in the past. It is not clear that the Village Engineer was wrong. Mr. Tully then read Section 227.17 of the law to support its specific wording not ambiguous. Trustee Grant asked Mr. Tully if he required 7 copies when he was Village Engineer. Mr. Tully responded that he followed the letter of the law. The specific issue was a set of plans submitted to the Water Control Commission for review. Hr is looking for accountability from the Village Board. Village Attorney Waldman, after reviewing the law, said it does say
single copy but that the supporting documentation does not say single . Mr. Tully s client, Dominic Mamome, wants to build an addition to his garage and was told he needs a variance. Mr. Tully does not believe a variance is needed but submitted an application anyway with copies 10 of everything. Application asked the Zoning Board of Appeals for an interpretation about if a variance is needed, and, if so, then please grant it. Then on to the Water Control Commission the fee was paid and plans filed. Then he was told he needs 7 copies of the plans. Mr. Tully said the Village Engineer was not civil to him in the discussion that they had. The Village taxes are going sky high up every year. The Village keeps adding staff every year and workload is getting less. He sees very little activity taking place. He only sees sidewalks being put in every place with
taxpayers money. He expects the Village Board to talk to the Village Engineer and then let him know the result.
Helene Farrey, Sally Boyce andVirginia Calcutti, Hunter Place. They have had no success in talking with Village officials about the replacement fence that was put up after the Hurricane Floyd destroyed the previous wall. They would like the Village Board to have it taken down and replaced with something more acceptable to the Hunter Place neighbors. The new stockade fence is ugly, hides the shrubs and flowers planted in yards, and has destroyed Ms. Boyce s view out her new bay window. They are upset that they were not notified to get their input on the new fence. They would prefer chain link fence (to see through) rather than the current stockade. Four houses look at this. The neighbors want their visibility and their river views back. Mayor Elliott said the village should
get all these people together to try to work out an agreeable solution. Ms. Calcutti asked if the fence is on village property. Mayor Elliott said he wants to move forward in getting the neighbors together to solve this problem. Trustee McCarthy stated that there are other situations where the Village has tried to make improvements that were not appreciated by the neighbors. We need to establish a protocol for these types of situations, including formal notifications of affected neighbors. She wants a formal protocol in writing. Trustee Schmidt said he wants the Village to abide by the same rules as all its residents.
Maria Cudequest - 84 Grand St. She couldn t be present at that last meeting, but was happy the Village Board acknowledged her right to have the information she requested. She is very unhappy about the commentary about her FOIL request for Karta vouchers which she viewed as retaliatory. She has not had this problem in other communities where similar information was requested. A letter from some residents was read at the May 6 meeting about concerns they had about the Village using any Allied affiliated company. Village should not be surprised about this concern given the background. These residents requested the village use non-Allied haulers only. She doesn t want her tax dollars going to these companies. Re: Karta the company has been denied a
county license, but they have the right to appeal. Karta can still operate while appealing but this is not the same as having a license. Congratulations regarding to the NYS DOS decision on the pipeline especially Karen Jescavage-Bernard, Fran Allen and Sally Odland and Linda Puglisi. She and others are working on developing proper pipeline regulation with people in Washington. Current law is not adequate. On fees, she hopes Village Board is looking at tonnage fees for Metro Enviro in regard to the special permit renewal. At the 4/1/02 meeting she gave documentation to the Village Board showing that Allied was being watched by several agencies and now says that the IRS should be added do that list. She asked Village Attorney Waldman if he heard from Mr. Mack, the federal monitor. Attorney Waldman said the first report has been filed. The seal on a part of it may have expired recently, but no filing has been made as of
last Thursday. Ms. Cudequest asked about the pilot railroad tie removal project that was completed last fall who took the railroad ties that were moved? DEC says it was completed last fall. Treasurer Reardon said he will find out and report back. Ms. Cudequest stated that the DEC said they do not know where they went and to ask the Village for that info. She wants to know where they went and how much they were paid. She is concerned about who gets the contract if the pilot is successful. Was this project put out to bid? Mayor Elliott said most of the money went to the scientific study by Hudsonia. Regarding Karta invoices Treasurer Reardon says the last two years are now available. Trustee Grant said that while the Village would not authorize the ties going to Metro Enviro, the contractor was paid to take the ties and we would not have control over where that contractor takes them. Trustee McCarthy stated the Board
had agreed to disengage from business with Karta; we should not be using them at all now. Also on the FOIL issue, she is disturbed by Manager Herbek s response to Ms. Cudequest s FOIL request. The tone and content were disturbing. She read part of an e-mail she had written to the other trustees on this matter and quoted part of the FOIL law. Trustee McCarthy stated she sees a disturbing trend of limiting citizen input at VB meetings, and also failure to tape the work sessions as agreed upon. The recorder is frequently not set up when the meeting starts contrary to the Board s resolution to tape work sessions. Mayor Elliott said Manager Herbek fully supported the rights of citizens to FOIL information but also wanted to let the Board know of the costs involved. Trustee McCarthy said her experience before she was a Trustee in FOILing information was disturbing and difficult. Trustee Wiegman stated that Manager Herbek knew that the costs
would be high since it was an intensive search and he just wanted the Village Board to know that this was the case. He also wanted the Board to know that the number of FOIL requests has become more frequent than in the past. Trustee McCarthy said that Manager Herbek's purpose was intimidation and he provided no cost information to the Village Board when he brought up the issue publicly. Also, this cost information could have been communicated to the Village Board in a memo and not at a public meeting. Trustee Schmidt said the tone of Manager Herbek s message was not right.
Robert Wintermeier 43 Radnor Ave. Mr. Wintermeier stated that he liked the idea of having a protocol for village improvements. On the sales tax, he hopes the Board does not enact any sales tax for Croton. Mayor Elliott stated the Village does not have the power to impose sales tax. On Ferries, did we receive a grant for funds? Mayor Elliott said the grant money was earmarked for this area. The money will likely be used to upgrade the Ossining/Haverstraw ferry connection. Mr. WIntermeier asked about Ferry Sloops being moored in Croton are we letting our boat area be used for this? Mayor Elliott said Ferry Sloops have been moored in our area for several years; they do education and environmental awareness for the river. They held their Shadfest
at Croton Point Park yesterday May 19th. Mr. Wintermeier also asked if we have a pension fund association with TIAA - an insurance group? Treasurer Reardon stated that we do not.
Phil Tully Ecklof Court. Who on the Board spoke to the Village Engineer about his problem? Trustee Grant replied that she had. Mr. Tully stated that he expects the Board to do something. Mayor Elliott stated that the Engineer s direct superior is the Village Manager. Mr. Tully requested that if the Zoning Board of Appeals determines that no variance is required, the Village Board refund the fees involved. Mr. Tully said he will continue to do business in Croton and will not be deterred.
6. RESOLUTIONS:
a. Calling for a Public Hearing to consider Malom/Murray application for Steep Slopes Hardship Exemption and a Mixed Use Special Permit.
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, Malom Corporation is the owner of three lots on Croton Point Avenue; and
WHEREAS, Malom desires to build a mixed use building with commercial space at street level and two dwelling units above at this site; and
WHEREAS, Kieran Murray, owner of Malom Corporation, applied to the Village Board of Trustees for a Steep Slopes Hardship Exemption and Mixed Use permit in January 2002; and
WHEREAS, this request was referred to the Planning Board for a recommendation; and
WHEREAS, in order to be eligible to apply for a Steep Slopes Hardship Exemption, Malom also concurrently had to apply for a Preliminary Subdivision Approval from the Planning Board; and
WHEREAS, at the May 7, 2002 Planning Board Meeting, the Planning Board granted a Preliminary Subdivision Approval that included several conditions; and
WHEREAS, the Planning Board now recommends granting the Steep Slope Hardship Exemption and the Mixed Use Permit subject to certain conditions, many of which are outlined in its letter of May 13, 2002 to the Village Board,
NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby calls for a Public Hearing on June 24, 2002 to consider the Malom/Murray application for a Steep Slopes Hardship Exemption and Mixed Use permit.
b. Authorizing the Village Manager to award the contract to Universal Play Systems for Skateboard equipment.
On motion of Trustee Wiegman, 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 is committed to building a skateboard facility at the Municipal Place property; and
WHEREAS, a community wide committee worked on the design of the placement of the equipment with input from the Recreation Advisory Committee; and
WHEREAS, their recommendations were incorporated into a set of specifications by Suburban Rails and the Village Engineer; and
WHEREAS, this project was put out to public bid on April 19, 2002; and
WHEREAS, the bid opening was on May 14, 2002 and three proposals were received, of which American Ramp Company and Universal Play Systems, Inc. was the lowest bidder; and
WHEREAS, the Recreation Supervisor recommends awarding the contract to American Ramp Company and Universal Play Systems, Inc.,
NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to award the contract to the lowest responsible bidder, American Ramp Company & Universal Play Systems, Inc. for the amount of $62,501.50.
c. Calling for a Public Hearing to consider Local Law Introductory No. 5 of 2002, amending Section 227-17, Wetlands and Watercourses.
On motion of Trustee Grant, seconded by Trustee Schmidt, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:
WHEREAS, the Village Engineer wishes to amend Section 227-17 of the Village Code, Wetlands and Watercourses, Distribution of Copies; and
WHEREAS, this change will require applicants to submit seven copies of supporting plans and documentations along with seven completed copies of the application,
NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby calls for a Public Hearing on June 10, 2002 to consider Local Law Introductory No. 5 of the year 2002, amending Section 227-17 of the Village Code.
d. Budget Modifications, re: 11 month year-to-date transfers.
On motion of Trustee Wiegman, 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 Treasurer has reviewed the 11 month year to date expenditures for each department and recommends the following modifications:
Increase 1930.400 by $ 598.00 (Contractual Expense)
Increase 3410.430 by $ 4,600.00 (Natural Gas Expense)
Increase 5140.100 by $ 2,100.00 ( Personnel Expense )
Increase 5183.110 by $ 7,000.00 ( Personnel Expense )
Increase 8090.100 by $ 10,000.00 ( Personnel Expense )
Increase 8120.100 by $ 6,000.00 ( Personnel Expense )
Increase 8140.100 by $ 4,000.00 ( Personnel Expense )
Increase 8160.100 by $ 20,000.00 ( Personnel Expense )
Increase 8160.415 by $ 6,000.00 ( Disposal Fees )
Increase 8170.100 by $ 5,000.00 ( Personnel Expense )
Decrease 1910.400 by $ 2,565.00 ( Insurance Expense )
Decrease 1960.404 by $ 8,000.00 ( Refunds on Real Property )
Decrease 5110.100 by $ 54,733.00 ( Personnel Expense )
NOW THEREFORE BE IT RESOLVED that the Village Treasurer amend the 2001 - 2002 General Fund budget to reflect these changes.
e. Budget Modifications, re: Insurance Recoveries
On motion of Trustee Wiegman, seconded by Trustee Schmidt, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:
WHEREAS, a total of $ 705.56 has been received from NYMIR, the Village s insurance carrier for reimbursement of damage to Village property; and
WHEREAS, the insurance recovery will be used to reimburse the General fund; and
WHEREAS, The Treasurer wishes to open both sides of the General Fund budget to cover the repairs caused by the accident, amending the 2001-2002 General Fund budget effecting the following accounts; and
Increase 1-8120.0470. by $ 705.56 ( Vehicle Repairs )
Increase 1-0001.2680 by $ 705.56 ( Insurance Recoveries )
Now Therefore be it resolved that the Village Treasurer amend the 2001 -2002 General Fund budget to reflect these changes.
f. Budget Modifications, re: Seprieo clean-up.
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, funds are needed to complete the SEPRIO property cleanup in the amount of $ 20,000.00; and
WHEREAS, funds to cover the cost of the cleanup were raised and currently exist in the General Fund Brush & Weeds account ( 5140.400 ); and
WHEREAS, The Treasurer wishes to move those funds to the General Fund Transfer to Capital account ( 001-9953-0900 ), and amend the 2001-2002 Capital fund budget effecting the following accounts; and
Increase 3-8660.0200.0102.0075 by $ 20,000.00 ( SEPRIEO Cleanup )
Increase 3-0003.5031.0001.0075 by $ 20,000.00 ( SEPRIEO Cleanup )
Now Therefore be it resolved that the Village Treasurer amend the 2001 -2002 Capital Fund budget to reflect these changes.
g. Bond Resolutions.
1) Ladder Truck
The following resolution was offered by Trustee Wiegman, who moved its adoption, seconded by Trustee Grant, to wit:
BOND RESOLUTION, DATED MAY 20, 2002, AUTHORIZING THE ISSUANCE OF $673,000 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 FIRE FIGHTING VEHICLE, FOR USE IN AND FOR THE VILLAGE
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WHEREAS, all necessary Federal, State of New York, County of Nassau and local permits, approvals and determinations of environmental impact of the purpose hereinafter referred to has 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 purposes described in this bond resolution are either "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 or "Type I" Actions and all necessary approvals and action have been obtained and accomplished prior to the date hereof, 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 $673,000 pursuant to the Local Finance Law and Village Law of the State of New York.
Section 2. The specific object or purpose (hereafter referred to as "purpose") to be financed by the issuance of such Serial Bonds is the cost to the Village of the acquisition of a new fire-fighting vehicle, consisting of a pumper truck, including any original apparatus and equipment, and costs related and incidental thereto, 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 $673,000, (b) the Village plans to finance such purpose by the use of $673,000 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 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 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 Village hereby declares its official intent to reimburse itself from the proceeds of the bonds or notes authorized by this resolution pursuant to IRS Regulation Section
1.150-2(c), promulgated under the Code, for "original expenditures", as defined in said Regulation, made by the Village prior to the issuance of such bonds or notes. Such "original expenditures" shall not exceed the sum of $673,000 in the aggregate and shall be paid from funds temporarily available from the Village's current funds.
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 Rule 15c2-12 of the Securities Exchange Act of 1934, as amended (the "Rule"), unless an exemption from the Rule 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 GREGORY SCHMIDT VOTING ___AYE_____
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.
Discussion: Treasurer Reardon said the bid price is actually 5k higher so the amount should be $673,000. Steve Dominello Wells Ave, Fire Chief stated that the Village s aerial apparatus is unsafe and in bad condition rusted through. Andy Dickey, chief of Washington Engine Co., and Pete Anfiteatro Chair of the truck committee said the current truck is 30 years old. Normally they would go to bid, put out specifications and wait for responses. Over the year it takes to do this, the price goes up. The truck they are recommending a demo truck. Chief Dominello stated the opportunity came up to get this truck at a reduced price; it could be in service in about 2 months. Trustee Wiegman asked if this truck is $75,000 less expensive than a new one we
could get in a year s time. Chief Dominello said absolutely yes . Trustee Grant asked what would happen to the old truck. Chief Dominello said it no resale value; it will go to Brookfield s and be junked. The new truck is a ladder tower has a ladder with a bucket at the top. It fits in the new firehouse.
2) Sidewalks
The following resolution was offered by Trustee McCarthy, who moved its adoption, seconded by Trustee Schmidt, to wit:
BOND RESOLUTION, DATED MAY 20, 2002, AUTHORIZING THE ISSUANCE OF $303,000 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 AND RECONSTRUCTION OF SIDEWALKS AND CURBS IN AND FOR THE VILLAGE
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WHEREAS, all necessary Federal, State of New York, County of Nassau and local permits, approvals and determinations of environmental impact of the purpose hereinafter referred to has 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 purposes described in this bond resolution are either "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 or "Type I" Actions and all necessary approvals and action have been obtained and accomplished prior to the date hereof, 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 $303,000 pursuant to the Local Finance Law and Village Law of the State of New York.
Section 2. The specific object or purpose (hereafter referred to as "purpose") to be financed by the issuance of such Serial Bonds is the cost to the Village of the construction and reconstruction of sidewalks and curbs of brick, stone or concrete in and for the Village and such project 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 $303,000, (b) the Village plans to finance such purpose by the use of $303,000 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 24 of paragraph a of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of such purpose 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 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 Village hereby declares its official intent to reimburse itself from the proceeds of the bonds or notes authorized by this resolution pursuant to IRS Regulation Section
1.150-2(c), promulgated under the Code, for "original expenditures", as defined in said Regulation, made by the Village prior to the issuance of such bonds or notes. Such "original expenditures" shall not exceed the sum of $303,000 in the aggregate and shall be paid from funds temporarily available from the Village's current funds.
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 Rule 15c2-12 of the Securities Exchange Act of 1934, as amended (the "Rule"), unless an exemption from the Rule 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 GREGORY SCHMIDT VOTING ___AYE____
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.
3) Sanitary Sewer System
The following resolution was offered by Trustee Grant, who moved its adoption, seconded by Trustee Schmidt, to wit:
BOND RESOLUTION, DATED MAY 20, 2002, AUTHORIZING THE ISSUANCE OF $223,000 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 REPLACEMENT, REHABILITATION, RENOVATION AND UPGRADE OF THE SANITARY SEWER SYSTEM FOR USE IN AND FOR THE VILLAGE
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WHEREAS, all necessary Federal, State of New York, County of Nassau 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 either "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 or "Type I" Actions and all necessary approvals and action have been obtained and accomplished prior to the date hereof, 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 $223,000 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 replacement, rehabilitation, renovation and upgrade to the sanitary sewer system, including the dismantling of a digester tank, the installation of new fencing, bioxide equipment and installation, Nordica Pump Station rehabilitation, all as determined or to be determined by the Village Engineer, 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 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 $223,000, (b) the Village plans to finance such purposes by the use of $223,000 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 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 Village hereby declares its official intent to reimburse itself from the proceeds of the bonds or notes authorized by this resolution pursuant to IRS Regulation Section
1.150-2(c), promulgated under the Code, for "original expenditures", as defined in said Regulation, made by the Village prior to the issuance of such bonds or notes. Such "original expenditures" shall not exceed the sum of $223,000 in the aggregate and shall be paid from funds temporarily available from the Village's current funds.
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 Rule 15c2-12 of the Securities Exchange Act of 1934, as amended (the "Rule"), unless an exemption from the Rule 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 GREGORY SCHMIDT VOTING ___AYE_____
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.
4) Trucks
The following resolution was offered by Trustee Wiegman, who moved its adoption, seconded by Trustee Schmidt, to wit:
BOND RESOLUTION, DATED MAY 20, 2002, AUTHORIZING THE ISSUANCE OF $178,000 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 NEW MOTOR VEHICLES, FOR USE IN AND FOR THE VILLAGE
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WHEREAS, all necessary Federal, State of New York, County of Nassau 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 either "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 or "Type I" Actions and all necessary approvals and action have been obtained and accomplished prior to the date hereof, 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 $178,000 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 a new vacuum truck and a new 4x4 pickup truck, or equivalent, 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 purposes is $178,000, (b) the Village plans to finance such purposes by the use of $178,000 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 purpose.
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 28 of paragraph a of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of such purposes is fifteen (15) years. The estimated cost of such purposes 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 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 Village hereby declares its official intent to reimburse itself from the proceeds of the bonds or notes authorized by this resolution pursuant to IRS Regulation Section
1.150-2(c), promulgated under the Code, for "original expenditures", as defined in said Regulation, made by the Village prior to the issuance of such bonds or notes. Such "original expenditures" shall not exceed the sum of $178,000 in the aggregate and shall be paid from funds temporarily available from the Village's current funds.
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 Rule 15c2-12 of the Securities Exchange Act of 1934, as amended (the "Rule"), unless an exemption from the Rule 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 GREGORY SCHMIDT VOTING ___AYE_____
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.
5) Skatepark
The following resolution was offered by Trustee Wiegman, who moved its adoption, seconded by Trustee McCarthy, to wit:
BOND RESOLUTION, DATED MAY 20, 2002, AUTHORIZING THE ISSUANCE OF $65,000 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 PURCHASE AND INSTALLATION OF SKATEBOARDING EQUIPMENT AND APPARATUS AT PUBLIC PARKS FOR USE IN AND FOR THE VILLAGE
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WHEREAS, all necessary Federal, State of New York, County of Nassau 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 either "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 or "Type I" Actions and all necessary approvals and action have been obtained and accomplished prior to the date hereof, 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 $65,000 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 purchase and installation of skateboarding equipment and apparatus, including ramps and rails, engineering, and all necessary appurtenances, apparatus and improvements and the costs incidental thereto and the financing thereof and such purposes are hereby authorized as recreation improvements for the benefit of the residents of the Village and such purposes are hereby authorized.
Section 3. It is hereby stated that (a) the estimated maximum cost of such purposes is $65,000, (b) the Village plans to finance such purposes by the use of $58,000 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 purpose.
Section 4. It is hereby determined that each such purpose is an object or purpose for which Serial Bonds are to be issued and are described in subdivision 32 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 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 Village hereby declares its official intent to reimburse itself from the proceeds of the bonds or notes authorized by this resolution pursuant to IRS Regulation Section
1.150-2(c), promulgated under the Code, for "original expenditures", as defined in said Regulation, made by the Village prior to the issuance of such bonds or notes. Such "original expenditures" shall not exceed the sum of $65,000 in the aggregate and shall be paid from funds temporarily available from the Village's current funds.
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 Rule 15c2-12 of the Securities Exchange Act of 1934, as amended (the "Rule"), unless an exemption from the Rule exists as provided in paragraph (d) of the Rule.
Section 10. This bond resolution which takes effect immediately, 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 shall take effect immediately upon its adoption by the Board of Trustees of the Village.
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 GREGORY SCHMIDT VOTING ___AYE_____
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.
Discussion: Treasurer Reardon asked for approval to go up to $65,000.
6) Passenger Vehicles
The following resolution was offered by Trustee Wiegman, who moved its adoption, seconded by Trustee Schimdt, to wit:
BOND RESOLUTION, DATED MAY 20, 2002, AUTHORIZING THE ISSUANCE OF $57,000 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 NEW PASSENGER MOTOR VEHICLES, FOR USE IN AND FOR THE VILLAGE
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WHEREAS, all necessary Federal, State of New York, County of Nassau 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 either "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 or "Type I" Actions and all necessary approvals and action have been obtained and accomplished prior to the date hereof, 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 $57,000 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 passenger motor vehicles, consisting of a new station wagon pool car, a new station wagon for use by the Recreation Department and a new bus for transportation of senior citizens, including related and necessary costs incidental thereto and the financing thereof, and such passenger motor vehicles, machinery, furnishings and equipment 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 $57,000, (b) the Village plans to finance such purposes by the use of $57,000 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 purpose.
Section 4. It is hereby determined that such purposes are objects or purposes for which Serial Bonds are to be issued and are described in subdivision 77 of paragraph a of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of such purposes is three (3) 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 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 Village hereby declares its official intent to reimburse itself from the proceeds of the bonds or notes authorized by this resolution pursuant to IRS Regulation Section
1.150-2(c), promulgated under the Code, for "original expenditures", as defined in said Regulation, made by the Village prior to the issuance of such bonds or notes. Such "original expenditures" shall not exceed the sum of $57,000 in the aggregate and shall be paid from funds temporarily available from the Village's current funds.
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 Rule 15c2-12 of the Securities Exchange Act of 1934, as amended (the "Rule"), unless an exemption from the Rule exists as provided in paragraph (d) of the Rule.
Section 10. This bond resolution which takes effect immediately, 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 shall take effect immediately upon its adoption by the Board of Trustees of the Village.
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 GREGORY SCHMIDT VOTING Aye
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.
Discussion: This money is for a truck and two station wagons. Trustee McCarthy stated that she was not at the discussion for these vehicles, but that she felt that a smaller vehicle should be substituted for one of the station wagons as it was to be a pool vehicle. Mayor Elliott said this would give the staff a chance to make their case about need.
7) Garage Exhaust System
The following resolution was offered by Trustee Wiegman, who moved its adoption, seconded by Trustee Schmidt, to wit:
BOND RESOLUTION, DATED MAY 20, 2002, AUTHORIZING THE ISSUANCE OF $28,000 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 IMPROVEMENT TO THE MUNICIPAL GARAGE BUILDING IN AND FOR THE VILLAGE
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WHEREAS, all necessary Federal, State of New York, County of Nassau and local permits, approvals and determinations of environmental impact of the purpose hereinafter referred to has 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 either 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 or "Type I" Actions and all necessary approvals and action have been obtained and accomplished prior to the date hereof, 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 $28,000 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 improvement to the Municipal Garage Building located in the Village by the replacement of the exhaust system and all safety improvements, roof, exterior and interior improvements and renovations, replacement apparatus and machinery, including architectural, legal, engineering and planning expenses, and any preliminary costs and costs incidental thereto and the financing thereof, for use in and by the Village and such project 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 $28,000, (b) the Village plans to finance such purpose by the use of $28,000 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 such purpose is an object or purpose for which Serial Bonds may be issued and is described in subdivision 13 of paragraph a of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of such purpose is ten (10) years and that such building is of Class "A" construction as described in subdivision 11(a)(1) of paragraph a of Section 11.00 of the Local Finance Law. The maximum maturity of the Serial Bonds herein authorized 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 Village hereby declares its official intent to reimburse itself from the proceeds of the bonds or notes authorized by this resolution pursuant to IRS Regulation Section
1.150-2(c), promulgated under the Code, for "original expenditures", as defined in said Regulation, made by the Village prior to the issuance of such bonds or notes. Such "original expenditures" shall not exceed the sum of $28,000 in the aggregate and shall be paid from funds temporarily available from the Village's current funds.
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 Rule 15c2-12 of the Securities Exchange Act of 1934, as amended (the "Rule"), unless an exemption from the Rule 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 GREGORY SCHMIDT VOTING ___AYE_____
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.
7. REPORTS:
Trustee Wiegman reported that the Visual Environment Board has an opening. John Naitove has resigned after long service. Mr. Wiegman also provided some tips on saving water. In March, the Village Board passed a resolution to look for energy saving opportunities. June 22nd is Solstice Day and maybe a Solstice tour can be organized to look into various ways to implement energy saving.
Trustee McCarthy stated that the Visual Environment Board opening should be publicly advertised with a formal application process. Mayor Elliott said it will be put on the Web site, maybe on cable and hopefully in the Gazette. She noted passing of Claudia Smart a person committed to improving the environment in Croton; would like to do something to honor her work in her memory the Merwin Oak, Duck Pond are possible areas to look at. Mayor Elliott said the Board should ask the Recreation Board for suggestions.
Trustee Schmidt met with the Recreation Advisory Board about Senior Citizen discounts for non-residents. They will look at it next year. Summerfest is on June 2nd its 16th year. There will be no Fire Department parade this year, but there will be the same number /quality of vendors. Manager Herbek and the Village Engineer talked to the Chamber of Commerce about dumpsters. Enclosure of the dumpsters was discussed, but tabled while the Chamber discusses types of enclosures. The Visual Environment Board is also interested in being part of this discussion. The Department of Public Works will enforce the current law about the cleanliness of dumpsters.
Trustee Grant stated the black top was poured at the skateboard park today. The Village will be close to the committed date. The Art auction on Sunday afternoon (May 19) to support the Adopt a Minefield project was successful and the project has reached its level of commitment. No smoking signs in playgrounds have been re-posted please honor voluntarily so this doesn t have to be legislated.
Mayor Elliott also congratulated the Adopt a Minefield project and noted that the Rev. David Carlson was a wonderful auctioneer.
Trustee Wiegman made a motion to adjourn, seconded by Trustee Schmidt and approved unanimously. The meeting was adjourned at 10:30 pm.
Respectfully submitted
Ann H. Gallelli, Secretary
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Village Clerk
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