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Board of Trustees Minutes 07 07 03
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, July 7, 2003 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.

The following officials were present:

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

Mayor Elliott called the meeting to order at 8:10 p.m.  Everyone joined in the Pledge of Allegiance.


2. APPROVAL OF VOUCHERS:

Trustee Wiegman made a motion to approve the vouchers as follows, subject to review by the Audit Committee.  The motion was seconded by Trustee Grant and approved unanimously.
                General Fund                    $  20,908.47
                Water Fund      7,502.25                                        
                Capital Accounts        17,695.83
                        $  46,106.55

3.  Mayo’s Landing-Discussion of Public Use and Public Access:
Richard Churney, lives on top of Mayo’s Landing- stated that no one is trying to restrict access to the river; problems relate to things that are illegal; he does not want this as his private river & domain; Mayo’s Landing should be designated as a town park and it needs supervision & maintenance
Myna Ferris, 65 Riverside Ave.- could there be no parking signs on one side of street?  Croton River is a recreation area for many of the people; there is noise & litter almost anyplace you live; it is not fair to allow no fishing in that area.  She added that there is only 1 set of tennis courts in Croton and construction trailers are on these courts.  Mayor Elliott replied that the school said they will be there all summer; however, he will find out what the plans are.  Ms. Ferris stated that newcomers want to change everything; she bought her home because of the quaintness and wishes they would adapt and live with it and deal with it.
Luke Lattimer 99 Radner Ave.& his daughter Ashley-putting up signs without public discussion is out of line with the way Croton is run; denying his daughter access to this area is not what Croton is about; signs should come down quick.
Lawrence Keon; 38 yrs. in Croton-he enjoys fishing and bonding with his boys and hopes this will be allowed to continue; he was shocked to see no parking signs up; it is not the proper way to handle this; it is up to the Board to come up with a solution rather than prohibiting public to use Mayo’s Landing.
Mike Hostettler, Nordica Dr.-he was shocked by the signs and they are ugly; Croton River is a treasure for everyone; there must be a way to balance access and misuse; however, there needs to be some sort of control and suggested a patrolman as in previous years.
Bob Larsen, 108 Truesdale-the area attracts 50 to 60 people a day; he would be the last one to restrict access but there needs to be some control; weekends 120-150 people come down Quaker Ridge Rd., restriction is not control; people need to know they have to follow the rules; his real complaint is lack of control; signs are being ignored.
Martin Smolin, Nordica Dr-his home is along the River; they had been away 5 weeks and came back & signs went up; they own the property but are custodians also; kids jump off  the roof of the Kennedy house; Silver Lake is not open all the time & fees are excessive; many cannot afford it; kids do not want to be supervised  by the river; the signs should be removed; they now have a block vigilante who finds it his/her business to call police if anyone parks on the street; guests cannot park and if parked wrong way, they get a ticket; the Board has inadvertently empowered someone; signs should be near the river explaining what the rules are; if you want people to act decently,  be decent to them; Hispanic people have been pleasant and are not the cause of this problem.
Fran Allen, 7 Finney Farm, speaking as Chair of the Waterfront Advisory Committee; the area is protected under a coastal zone management program; Croton’s management program includes a public access policy-# 19 which requires the Village to protect, maintain, and increase the level and types of access to public water-related recreation facilities; policy #19B requires the Village to increase the physical access to Hudson River/Croton River & Bay; actions violate Croton’s own policies; tell people using it what the access is- there is no sign explaining that; also, put up signs telling what is allowed & what is not, hours, etc.;  lastly, put garbage cans at the point of public access.
Tommy Senior, Nordica Dr.- he has used the Croton River all his life; it should not be restricted; put a sign or two to allow access from being blocked, but 16 signs is overkill; the no trespass signs should come down; perhaps put garbage cans at the top, monitor the area but do not deprive the community.
Charles Kane, 68 Truesdale Dr., chair of Village Water Commission-showed photos of the area; he believes that the latest photo is more beautiful than that taken approx 120 yrs ago; designate the area as a park.
Paul Kleinman, lives across from Mayo’s Landing, but is affected by the same problems; suggested the Village have a monitor and regular clean up services; put up signs such as at Senasqua & Silver Lakes; residents in immediate areas should not suffer.
James Moore, 56 Irving Ave., asked what the future plan of Seprieo Property is. Mayor Elliott replied that there are several scenarios; the committees have struck a balance to create a multi-use field, open space, and temporary baseball & soccer fields; a portable back-stop donation would be welcome; the Recreation Advisory Board and school officials are working to get as many fields as possible.
Joel Gingold, 55 Nordica Dr.- need to find a way to provide access to the river; it should not be closed off; several years ago there was a proposal to hire a park ranger for summer months (or a large college student) to patrol, clean up or have police officers pass through once or twice a day to show a presence without eliminating access.
Bob Larson, 108 Truesdale Dr.-this is not limited to a Croton problem; the DEP owns property across in Ossining; there has to be a joint effort; the DEP shows no responsibility for use, etc.; this is a family congregation point.
Richard Churney-he seconds what Bob just said; frequent, responsible users avoid the problem;  a lack of responsible use is the problem; suggested treating the area as if it was a Silver Lake extension; use the pump house as a ranger station and treat it as a transient parking/drop- off area and shuttle down to the Silver Lake parking lot.
John Shanahan, a fisherman, -he cannot go down there & fish anymore; why not cut it up in 200 ft. strips, sell off as waterfront property and to increase the town tax base.
Lisa Burger, Nordica Dr. directly across from Mayo’s Landing - this has been one of the most peaceful summers they have had because of the signs but the signs could be made more attractive; the disregard for property is not seen unless you live right there; there is no control; she is not trying to be difficult, but feels strongly that the signs should not come down; she tries to do some control, but they do not care and do not listen.
Charles Kane- the state of NY designates special use areas that are clearly spelled out with signage; the Board should consider a special usage area.
Sonia Kleinman, Nordica Dr., wants everyone to enjoy the river, but it is about speeding, young children live on that street, the lack of respect, taking care of the environment and trash; users now pay for passes for Silver Lake where there is safe swimming, lifeguards, and they pick up their own trash; the Village has 2 tracks; one place where there are lifeguards and another when you can swim without lifeguards.- how to explain this to children; all want to keep the area beautiful but the area is not pristine any more; it is littered with beer cans; they must bring big garbage bags to the island and clean it up when they canoe out;  everyone wants access to the river for everyone, but everyone should work together to find a solution; vandalizing of property and lack of respect should not be encouraged

Mayor Elliott stated that this was a playground when they were kids, for many here tonight; he thanked everyone who came tonight for the constructive approach; he suggested that Phase I is to take down the no parking signs, reinstate a park ranger, clean the area up regularly, put rules signs up for this year and put in a speed hump.  He added that Phase II would involve those here and the Recreation Dept. to come up with a solution.

Trustee McCarthy stated that she heard from a resident today that there was such short notice for the meeting tonight and proposed that this be on the agenda for the next regular Board Meeting to allow those who could not attend tonight. Mayor Elliott stated that all are welcome to attend Board meetings and speak; he suggested that some steps be taken immediately before getting to a longer term program.  Trustee McCarthy stated that she keeps hearing that people who generally live in the street & in the general area do not want swimming down there, but fishing.  Many residents replied that they also want swimming-it has always been there & free.   Trustee McCarthy added that the number of people going to that area has increased; she has been told there is an applicable law that no unsupervised swimming is allowed off of public property.  Trustee McCarthy added that in the past, swimming was permitted and problems were managed, but perhaps the volume of people visiting the site was far less.  A resident replied that what he heard tonight heard there is a noise and litter problem not just at Mayo’s Landing, but at Nordica Dr also; police both areas; it is not about swimming & fishing.  Trustee McCarthy added that the hill is treacherous.  The resident replied that if it is too treacherous for certain people, then they should not go down there; noise & litter comes from the Ossining side also as well as up-river; the problem is also on Nordica Dr.; putting the signs up just pushes the problem out to neighboring streets.  Trustee McCarthy asked where should the burden fall?  The resident suggested putting just a few signs up; should be open for everyone to enjoy the waterfront.   

Trustee Grant commented, especially to Ashley Lattimer, that public participation is welcome; she always can come; the Board agreed to put up these signs based on input from residents; she now does not think these signs were right and she is more than happy to reconsider based on comments tonight; there is no easy solution; they have to come up with something workable.   A resident suggested getting a high school student to put on a uniform to serve as a ranger fulfilling community service.  Trustee Grant replied that she is not sure of the legality and the rangers may have to take care of the things the Villages doesn’t want them to take care of.

Trustee Schmidt stated that he is conflicted as to what activities the residents want to happen down there; he would like a written list and legal questions need to be asked formally.  A resident replied that police have been covering the river to a certain extent and there never was a legal problem to tell people of restrictions; although they have a limited ability to patrol.  Trustee Schmidt replied that the police can only enforce what is legal or illegal.

Ty West, 22 Lexington Ave. stated that it is now the middle of summer; get signs down now and then figure out what needs to be done.

Mayor Elliott asked the Board if they would agree to instruct Mr. Herbek to take down the no trespassing signs, get a patrol down there, reinstate the park ranger, clean up, reduce no parking signs, create a “rules” sign, put in a speed hump; further down the line, create a committee with the Recreation Advisory Board, the Recreation Dept. and people here tonight.  Trustee Grant agreed to this proposal.  Trustee  McCarthy stated that she needs a legal opinion on the issue of swimming; they are weeks away from hiring a park ranger; taking the signs down leaves free access and leaves the surrounding neighbors having to fend for themselves; she is not comfortable with that.  Mayor Elliott replied that Croton has a very responsive police force and when a problem is pointed out, they have always responded appropriately and immediately and auxiliary policy can help out.  Trustee McCarthy added that if this is treated like a park, there should be the same park restrictions which should apply to this; restrict to Croton residents who show a resident pass.  Trustee Wiegman stated that the suggestion of garbage receptacles is a good one; perhaps there should be a demarcation of public land vs. non-public land so people know where the Village property ends and private property starts; think about an alcohol restriction at this park; also bi-lingual signs; a carry-in/carry-out litter restriction; he likes the idea of a special use area and proposed a collaboration with other governmental entities on a Gorge Park to encompass approximately the 3 mile link with land on both sides of river and other islands in the river; there is a need to foster an umbrella usage, access and behavior policy for the entire river.  A resident stated that a similar policy was attempted about 30 years ago and then again a few years ago; he has the paperwork if anyone is interested.

Trustee Schmidt added that the promises should be narrowed down a bit, especially speed humps; he is in favor of very aggressive enforcement first; would like to be very sure what is wanted for the signage wording.  The Board members agreed to allow Village Manager to research the speed humps, but to take down the no trespassing signs, increase patrols, see about a park ranger and auxiliary police, get the place cleaned up, reduce the no parking signs, create a rules sign subject to research about swimming legality within the next couple of days.  Trustee McCarthy asked for an opinion from Village Attorney Waldman regarding the swimming issue by next week.


4.  CORRESPONDENCE:

Village Manager Herbek read the following correspondence (full text available at the Village Office):
a)      A letter from Kevin Hilleguas, NYS Dept. of Public Service regarding Cablevision Franchise Fee payments and indicating that Cablevision met its franchise fee payment obligation for the two year period and no additional fee payments are determined to be due to the Village for this period.
b)      A letter from Maria Cudequest, Grand St., regarding the pending request for the steep slopes law amendment and urging the Board to reject this request.
c)      A letter from Robert & Marilyn Gazzette, Batten Road regarding the Storm Management Plan and requesting further assistance with drainage on Batten Road.
d)      A memo from Ann Gallelli for the Planning Board with their recommendations for the proposed relocation of the model airplane flying field at Croton Point Park; they are in agreement that the proposed site is inappropriate use of this public park.

CITIZEN PARTICIPATION:
Maria Cudequest 84 Grand St., stated that Mack Report #2 regarding Metro Enviro is available on the Village’s web site; she urged everyone to read this report which is a scathing analysis of MetroEnviro business practices; the report confirms most of the suspicions about this company; the risk this facility has posed to the community; she quoted statements from the report and questioned 1) will they be obtaining all relevant depositions and exhibits?  Village Attorney Waldman replied that it will be up to Mr. Gerrard to supply the full copy.  Trustee McCarthy stated that it is important that Council have it, but it may not be necessary to have in the Village office.  Ms. Cudequest requested a full copy be available; Village Manager Herbek will make an inquiry regarding cost.  2) Journal News tonight had an article that Attorney M. Gerrard has been named the top environmental lawyer in NY by Chambers, USA, America’s Leading Business Lawyers   3) what is the deadline for the Croton appeal?  Trustee McCarthy replied the deadline to perfect the appeal is September.  Ms. Cudequest added that she is glad that this Board is committed to going forward with this appeal; when appeal briefs are filed, will they be put on web site?  Trustee Waldman replied that they will.  Ms. Cudequest made recommendations to make it easier to download these files.  Trustee Wiegman added that the Village’s appeal will be a Word document.

Robert Gazzette 44 Batten Rd, stated that there has been some work done on Batten Rd. and the Village has responded in past; the two storm drains have helped tremendously but a real downpour is still a problem; water skims over the curb on the road and at the bottom, things get worse.
Michael Goetz, 19 Irving Ave., on behalf of children of Village; there was a recent citizen opinion in the Gazette regarding the lack of use of the skateboard park, but kids cannot ride scooters in skateboard park and he asked why not.  Trustee Schmidt replied that the Recreation Advisory Committee has been looking at alternative uses and is conducting an assessment of needs including bicycles, hours for different age groups, etc.; they are using this first year as a trial period.   Mr. Goetz asked when something will be done to allow scooters.  Mayor Elliott replied that this will be looked into.

Fran Allan stated regarding Trustee Wiegman’s suggestion about the Gorge, the County is forming a Croton Bay Waterfront Advisory Committee looking at protecting that area; the committee will meet in September; the County Planning Dept. is spearheading this.

RESOLUTIONS:

a.      Bond Resolutions for Capital Projects

1. Improvements to Sanitary Sewer System

        Trustee SCHMIDT moved the adoption of the following resolution.  The motion was seconded by Trustee WIEGMAN.  The Board of Trustees of the Village was polled.  The motion was adopted by a vote of 4 affirmative votes (being at least two_thirds of the voting strength of the Board of Trustees of the Village) and 0 negative votes and 1 absent votes.
        BOND RESOLUTION, DATED JULY 07, 2003, AUTHORIZING THE ISSUANCE OF UP TO $102,500 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF CROTON, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE CONSTRUCTION, RECONSTRUCTION AND ACQUISITION OF IMPROVEMENTS TO THE SANITARY SEWER SYSTEM IN AND FOR THE VILLAGE.


        WHEREAS, the Board of Trustees of the Village of Croton (the “Village”), located in Westchester County, in the State of New York (the “State”), hereby determines that it is in the public interest of the Village to authorize the financing of the costs of the construction, reconstruction and acquisition of improvements to the sanitary sewer system in and for the Village, together with other preliminary and incidental costs, in and for the Village, at a total cost not to exceed $102,500, in accordance with the Local Finance Law;
        NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Croton, as follows:
        Section 1.      There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $102,500, pursuant to the Local Finance Law, in order to finance costs of the specific object or purpose hereinafter described.
        Section 2.  The specific object or purpose to be financed by the issuance of such serial bonds is the construction, reconstruction and acquisition of improvements to the sanitary sewer system in and for the Village (the “Project”).
        Section 3.  The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the Project is $102,500; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the $102,500 proceeds of the serial bonds or bond anticipation notes authorized herein; and (d) the maturity of the obligations authorized herein will be in excess of five (5) years.
        Section 4.  It is hereby determined that the Project is a specific object or purpose described in subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness of the Project is thirty (30) years.  The serial bonds authorized herein shall have a maximum maturity of thirty (30) years computed from the earlier of (a) the date of such serial bonds, or (b) the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds
        Section 5.      Subject to the terms and conditions of this Resolution and the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00, 56.00 and 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 Resolution and the renewal of such bond anticipation notes and the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes authorized by this Resolution, and the power to issue, sell and deliver such serial bonds and bond anticipation notes are hereby delegated to the Village Treasurer, as the chief fiscal officer of the Village.  The Village Treasurer is hereby authorized to execute on behalf of the Village all serial bonds issued pursuant to this Resolution and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Clerk of the Village is hereby authorized to affix the seal of the Village to all such serial bonds and all such bond anticipation notes and to attest such seal.  Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the facsimile signature of the Village Treasurer.
        Section 6.      The faith and credit of the Village is 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 Resolution as the same shall become due.
        Section 7.      When this Resolution takes effect, the Clerk of the Village shall cause the same or a summary of the same to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in The Journal News, a newspaper having a general circulation in the Village.  The validity of the serial bonds authorized by this Resolution and of bond anticipation notes issued in anticipation of the sale of such serial bonds may be contested only if such obligations are authorized for an objects or purposes for which the Village is not authorized to expend money, or the provisions of law which should be complied with as of the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State.
        Section 8.      Prior to the issuance of obligations authorized to be issued by this bond resolution, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the “environmental compliance proceedings”).  In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the issuance of obligations authorized to be issued herein upon the advice of bond counsel.  It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment.
        Section 9.      For the benefit of the holders and beneficial owners from time to time of the bonds and bond anticipation notes authorized pursuant to this resolution (the “obligations”), the Village agrees, in accordance with and as an obligated person with respect to the obligations, under Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the “Rule”), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule.  In order to describe and specify certain terms of the Village’s continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of the obligations in accordance with the Rule, with any changes or amendments that are not inconsistent with this resolution and not substantially adverse to the Village and that are approved by the Village Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto.  The agreement formed, collectively, by this paragraph and the Commitment, shall be the Village’s continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Village would be required to incur to perform thereunder.  The Village Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices.  Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village.  The Village Treasurer acting in the name and on behalf of the Village, shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other special counsel in determining whether a filing should be made.
        Section 10.     The Village hereby declares its intention to issue the obligations authorized herein to finance costs of the Project.  The Village covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of 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 will not make any use of any of the equipment 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 of the vehicles 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 bonds or any other provisions hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof.  The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made for such purposes on or after a date which is not more than sixty (60) days prior to the date of adoption of this Resolution by the Village.
        Section 11.     This Resolution is subject to a permissive referendum and will take effect upon the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk.
        2. Building Improvements

        Trustee WIEGMAN moved the adoption of the following resolution.  The motion was seconded by Trustee SCHMIDT.  The Board of Trustees of the Village was polled.  The motion was adopted by a vote of 4 affirmative votes (being at least two_thirds of the voting strength of the Board of Trustees of the Village) and 0 negative votes and 1 absent votes.
        BOND RESOLUTION, DATED JULY 07, 2003, AUTHORIZING THE ISSUANCE OF UP TO $112,750 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF CROTON, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE CONSTRUCTION, RECONSTRUCTION AND ACQUISITION OF IMPROVEMENTS TO BUILDINGS IN AND FOR THE VILLAGE.


        WHEREAS, the Board of Trustees of the Village of Croton (the “Village”), located in Westchester County, in the State of New York (the “State”), hereby determines that it is in the public interest of the Village to authorize the financing of the costs of the construction, reconstruction and acquisition of improvements to buildings, in and for the Village, including (i) improvements to the Grand Street Firehouse ($30,750), (ii) improvements to the Silver Lake Bath House ($41,000) and (iii) improvements to a Village recreation room ($41,000), together with other preliminary and incidental costs, in and for the Village, at a total cost not to exceed $112,750, in accordance with the Local Finance Law;
        NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Croton, as follows:
        Section 1.      There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $112,750, pursuant to the Local Finance Law, in order to finance costs of the specific object or purpose hereinafter described.
        Section 2.  The specific object or purpose to be financed by the issuance of such serial bonds is the construction, reconstruction and acquisition of improvements to buildings, including (i) improvements to the Grand Street Firehouse ($30,750), (ii) improvements to the Silver Lake Bath House ($41,000) and (iii) improvements to a Village recreation room ($41,000), such buildings being of “Class A” construction (as that term is defined in subdivision 11 of paragraph a of Section 11.00 of the Local Finance Law), in and for the Village (the “Project”).
        Section 3.  The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the Project is $112,750; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the $112,750 proceeds of the serial bonds or bond anticipation notes authorized herein; and (d) the maturity of the obligations authorized herein will be in excess of five (5) years.
        Section 4.  It is hereby determined that the Project is a specific object or purpose described in subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness of the Project is twenty-five (25) years, such buildings being of “Class A” construction (as that term is defined in subdivision 11 of paragraph a of Section 11.00 of the Local Finance Law).  The serial bonds authorized herein shall have a maximum maturity of twenty-five (25) years computed from the earlier of (a) the date of such serial bonds, or (b) the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds
        Section 5.      Subject to the terms and conditions of this Resolution and the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00, 56.00 and 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 Resolution and the renewal of such bond anticipation notes and the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes authorized by this Resolution, and the power to issue, sell and deliver such serial bonds and bond anticipation notes are hereby delegated to the Village Treasurer, as the chief fiscal officer of the Village.  The Village Treasurer is hereby authorized to execute on behalf of the Village all serial bonds issued pursuant to this Resolution and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Clerk of the Village is hereby authorized to affix the seal of the Village to all such serial bonds and all such bond anticipation notes and to attest such seal.  Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the facsimile signature of the Village Treasurer.
        Section 6.      The faith and credit of the Village is 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 Resolution as the same shall become due.
        Section 7.      When this Resolution takes effect, the Clerk of the Village shall cause the same or a summary of the same to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in The Journal News, a newspaper having a general circulation in the Village.  The validity of the serial bonds authorized by this Resolution and of bond anticipation notes issued in anticipation of the sale of such serial bonds may be contested only if such obligations are authorized for an objects or purposes for which the Village is not authorized to expend money, or the provisions of law which should be complied with as of the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State.
        Section 8.      Prior to the issuance of obligations authorized to be issued by this bond resolution, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the “environmental compliance proceedings”).  In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the issuance of obligations authorized to be issued herein upon the advice of bond counsel.  It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment.
        Section 9.      For the benefit of the holders and beneficial owners from time to time of the bonds and bond anticipation notes authorized pursuant to this resolution (the “obligations”), the Village agrees, in accordance with and as an obligated person with respect to the obligations, under Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the “Rule”), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule.  In order to describe and specify certain terms of the Village’s continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of the obligations in accordance with the Rule, with any changes or amendments that are not inconsistent with this resolution and not substantially adverse to the Village and that are approved by the Village Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto.  The agreement formed, collectively, by this paragraph and the Commitment, shall be the Village’s continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Village would be required to incur to perform thereunder.  The Village Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices.  Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village.  The Village Treasurer acting in the name and on behalf of the Village, shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other special counsel in determining whether a filing should be made.
        Section 10.     The Village hereby declares its intention to issue the obligations authorized herein to finance costs of the Project.  The Village covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of 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 will not make any use of any of the equipment 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 of the vehicles 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 bonds or any other provisions hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof.  The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made for such purposes on or after a date which is not more than sixty (60) days prior to the date of adoption of this Resolution by the Village.
        Section 11.     This Resolution is subject to a permissive referendum and will take effect upon the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk.

        3. Equipment, machinery, and road and recreation improvements

        Trustee Gregory Schmidt moved the adoption of the following resolution.  The motion was seconded by Trustee Leo Wiegman .  The Board of Trustees of the Village was polled.  The motion was adopted by a vote of 5 affirmative votes (being at least two_thirds of the voting strength of the Board of Trustees of the Village) and 0 negative votes and 0 absent votes.
        BOND RESOLUTION, DATED JULY 07, 2003, AUTHORIZING THE ISSUANCE OF UP TO $356,700 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF CROTON, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF (I) THE construction, reconstruction AND ACQUISITION OF IMPROVEMENTS TO VILLAGE ROADS, (Ii) THE RECONSTRUCTION OF IMPROVEMENTS TO a RECREATION FIELD and (iII) THE ACQUISITION OF MACHINERY AND APPARATUS FOR CONSTRUCTION AND MAINTENANCE, IN AND FOR THE VILLAGE.


        WHEREAS, the Board of Trustees of the Village of Croton (the “Village”), located in Westchester County, in the State of New York (the “State”), hereby determines that it is in the public interest of the Village to authorize the financing of the costs of (i) the construction, reconstruction and acquisition of improvements to Village roads ($52,900), (ii) the reconstruction of improvements to a recreation field ($42,900) and (iii) the acquisition of machinery and apparatus for construction and maintenance for the Village, including (a) 2 4x4 trucks ($50,580), (b) a sanitation truck  ($130,580), (c) an industrial washer/dryer ($3,580), (d) an emergency generator ($60,580) and (e) a grapple bucket ($15,580), and other preliminary and incidental costs, in and for the Village, at a total cost not to exceed $356,700, in accordance with the Local Finance Law;
        NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Croton, as follows:
        Section 1.      There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $356,700, pursuant to the Local Finance Law, in order to finance costs of the specific objects or purposes hereinafter described.
        Section 2.      The specific objects or purposes or class of objects or purposes to be financed pursuant to this bond resolution (collectively, the “Project”), the respective estimated maximum cost of each item of such specific objects or purposes or class of objects or purposes, the principal amount of serial bonds authorized herein for such specific objects or purposes or class of objects or purposes, and the period of probable usefulness of such specific objects or purposes or class of objects or purposes thereof pursuant to the applicable subdivision of paragraph a of Section 11.00 of the Local Finance law, are as follows:
        (a) The construction, reconstruction and acquisition of improvements to Village roads, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $52,900 for which $52,900 principal amount of serial bonds are authorized herein and appropriated therefore, having a period of probable usefulness of fifteen (15) years pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law.  Such serial bonds shall have a maximum maturity of fifteen (15) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) by the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds.
        (b) The reconstruction of improvements to a recreation field, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $42,900 for which $42,900 principal amount of serial bonds are authorized herein and appropriated therefore, having a period of probable usefulness of fifteen (15) years pursuant to subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law.  Such serial bonds shall have a maximum maturity of fifteen (15) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) by the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds.
        (c) The acquisition of machinery and apparatus for construction and maintenance for the Village, including (i) 2 4x4 trucks ($50,580), (ii) a sanitation truck  ($130,580), (iii) an industrial washer/dryer ($3,580), (iv) an emergency generator ($60,580) and (v) a grapple bucket ($15,580), together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $260,900 for which $260,900 principal amount of serial bonds are authorized herein and appropriated therefore, having a period of probable usefulness of fifteen (15) years pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law.  Such serial bonds shall have a maximum maturity of fifteen (15) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) by the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds.
        Section 3.      The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the classes of objects or purposes or specific objects or purposes listed in Section 2 above is $356,700; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the proceeds of the serial bonds or bond anticipation notes authorized herein; and (d) the maturity of the obligations authorized herein will be in excess of five (5) years.
        Section 4.      Subject to the terms and conditions of this Resolution and the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00, 56.00 and 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 Resolution and the renewal of such bond anticipation notes and the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes authorized by this Resolution, and the power to issue, sell and deliver such serial bonds and bond anticipation notes are hereby delegated to the Village Treasurer, as the chief fiscal officer of the Village.  The Village Treasurer is hereby authorized to execute on behalf of the Village all serial bonds issued pursuant to this Resolution and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Clerk of the Village is hereby authorized to affix the seal of the Village to all such serial bonds and all such bond anticipation notes and to attest such seal.  Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the facsimile signature of the Village Treasurer.
        Section 5.      The faith and credit of the Village is 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 Resolution as the same shall become due.
        Section 6.      When this Resolution takes effect, the Clerk of the Village shall cause the same or a summary of the same to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in The Journal News, a newspaper having a general circulation in the Village.  The validity of the serial bonds authorized by this Resolution and of bond anticipation notes issued in anticipation of the sale of such serial bonds may be contested only if such obligations are authorized for an objects or purposes for which the Village is not authorized to expend money, or the provisions of law which should be complied with as of the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State.
        Section 7.      Prior to the issuance of obligations authorized to be issued by this bond resolution, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the “environmental compliance proceedings”).  In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the issuance of obligations authorized to be issued herein upon the advice of bond counsel.  It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment.
        Section 8.      For the benefit of the holders and beneficial owners from time to time of the bonds and bond anticipation notes authorized pursuant to this resolution (the “obligations”), the Village agrees, in accordance with and as an obligated person with respect to the obligations, under Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the “Rule”), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule.  In order to describe and specify certain terms of the Village’s continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of the obligations in accordance with the Rule, with any changes or amendments that are not inconsistent with this resolution and not substantially adverse to the Village and that are approved by the Village Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto.  The agreement formed, collectively, by this paragraph and the Commitment, shall be the Village’s continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Village would be required to incur to perform thereunder.  The Village Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices.  Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village.  The Village Treasurer acting in the name and on behalf of the Village, shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other special counsel in determining whether a filing should be made.
        Section 9.      The Village hereby declares its intention to issue the obligations authorized herein to finance costs of the Project.  The Village covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of 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 will not make any use of any of the equipment 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 of the vehicles 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 bonds or any other provisions hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof.  The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made for such purposes on or after a date which is not more than sixty (60) days prior to the date of adoption of this Resolution by the Village.
        Section 10.     This Resolution is subject to a permissive referendum and will take effect upon the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk.
4. Sidewalks & curbs, radio systems, hard bottomed boat

        Trustee WIEGMAN moved the adoption of the following resolution.  The motion was seconded by Trustee McCARTHY.  The Board of Trustees of the Village was polled.  The motion was adopted by a vote of 4 affirmative votes (being at least two_thirds of the voting strength of the Board of Trustees of the Village) and 0 negative votes and 1 absent votes.
        BOND RESOLUTION, DATED JULY 07, 2003, AUTHORIZING THE ISSUANCE OF UP TO $424,800 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF CROTON, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF (I) THE construction, reconstruction AND ACQUISITION OF IMPROVEMENTS TO VILLAGE SIDEWALKS AND CURBS, (ii) THE ACQUISITION OF RADIO SYSTEMS FOR THE POLICE AND FIRE DEPARTMENTS and (II) THE ACQUISITION OF A HARD BOTTOMED BOAT, IN AND FOR THE VILLAGE.


        WHEREAS, the Board of Trustees of the Village of Croton (the “Village”), located in Westchester County, in the State of New York (the “State”), hereby determines that it is in the public interest of the Village to authorize the financing of the costs of (i) the construction, reconstruction and acquisition of improvements to Village sidewalks and curbs ($260,500), (ii) the acquisition of radio systems for the police and fire departments ($152,000) and (iii) the acquisition of a hard bottomed boat ($12,300), and other preliminary and incidental costs, in and for the Village, at a total cost not to exceed $424,800, in accordance with the Local Finance Law;
        NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Croton, as follows:
        Section 1.      There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $424,800, pursuant to the Local Finance Law, in order to finance costs of the specific objects or purposes hereinafter described.
        Section 2.      The specific objects or purposes or class of objects or purposes to be financed pursuant to this bond resolution (collectively, the “Project”), the respective estimated maximum cost of each item of such specific objects or purposes or class of objects or purposes, the principal amount of serial bonds authorized herein for such specific objects or purposes or class of objects or purposes, and the period of probable usefulness of such specific objects or purposes or class of objects or purposes thereof pursuant to the applicable subdivision of paragraph a of Section 11.00 of the Local Finance law, are as follows:
        (a) The construction, reconstruction and acquisition of improvements to Village sidewalks and curbs, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $260,500 for which $260,500 principal amount of serial bonds are authorized herein and appropriated therefore, having a period of probable usefulness of ten (10) years pursuant to subdivision 24 of paragraph a of Section 11.00 of the Local Finance Law.  Such serial bonds shall have a maximum maturity of ten (10) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) by the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds.
        (b) The acquisition of radio systems for the police and fire departments, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $152,000 for which $152,000 principal amount of serial bonds are authorized herein and appropriated therefore, having a period of probable usefulness of ten (10) years pursuant to subdivision 25 of paragraph a of Section 11.00 of the Local Finance Law.  Such serial bonds shall have a maximum maturity of ten (10) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) by the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds.
        (c) The acquisition of a hard bottomed boat, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $12,300 for which $12,300 principal amount of serial bonds are authorized herein and appropriated therefore, having a period of probable usefulness of ten (10) years pursuant to subdivision 26 of paragraph a of Section 11.00 of the Local Finance Law.  Such serial bonds shall have a maximum maturity of ten (10) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) by the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds.
        Section 3.      The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the classes of objects or purposes or specific objects or purposes listed in Section 2 above is $424,800; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the proceeds of the serial bonds or bond anticipation notes authorized herein except to the extent of grant funds received by the Village to permanently finance such objects or purposes which amount of grants so received shall reduce the amount of serial bonds authorized herein pro tanto; and (d) the maturity of the obligations authorized herein will be in excess of five (5) years.
        Section 4.      Subject to the terms and conditions of this Resolution and the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00, 56.00 and 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 Resolution and the renewal of such bond anticipation notes and the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes authorized by this Resolution, and the power to issue, sell and deliver such serial bonds and bond anticipation notes are hereby delegated to the Village Treasurer, as the chief fiscal officer of the Village.  The Village Treasurer is hereby authorized to execute on behalf of the Village all serial bonds issued pursuant to this Resolution and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Clerk of the Village is hereby authorized to affix the seal of the Village to all such serial bonds and all such bond anticipation notes and to attest such seal.  Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the facsimile signature of the Village Treasurer.
        Section 5.      The faith and credit of the Village is 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 Resolution as the same shall become due.
        Section 6.      When this Resolution takes effect, the Clerk of the Village shall cause the same or a summary of the same to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in The Journal News, a newspaper having a general circulation in the Village.  The validity of the serial bonds authorized by this Resolution and of bond anticipation notes issued in anticipation of the sale of such serial bonds may be contested only if such obligations are authorized for an objects or purposes for which the Village is not authorized to expend money, or the provisions of law which should be complied with as of the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State.
        Section 7.      Prior to the issuance of obligations authorized to be issued by this bond resolution, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the “environmental compliance proceedings”).  In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the issuance of obligations authorized to be issued herein upon the advice of bond counsel.  It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment.
        Section 8.      For the benefit of the holders and beneficial owners from time to time of the bonds and bond anticipation notes authorized pursuant to this resolution (the “obligations”), the Village agrees, in accordance with and as an obligated person with respect to the obligations, under Rule 10c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the “Rule”), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule.  In order to describe and specify certain terms of the Village’s continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of the obligations in accordance with the Rule, with any changes or amendments that are not inconsistent with this resolution and not substantially adverse to the Village and that are approved by the Village Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto.  The agreement formed, collectively, by this paragraph and the Commitment, shall be the Village’s continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Village would be required to incur to perform thereunder.  The Village Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices.  Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village.  The Village Treasurer acting in the name and on behalf of the Village, shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other special counsel in determining whether a filing should be made.
        Section 9.      The Village hereby declares its intention to issue the obligations authorized herein to finance costs of the Project.  The Village covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of 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 will not make any use of any of the equipment 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 of the vehicles 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 bonds or any other provisions hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof.  The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made for such purposes on or after a date which is not more than sixty (60) days prior to the date of adoption of this Resolution by the Village.
        Section 10.     This Resolution is subject to a permissive referendum and will take effect upon the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk.
5. Vehicles, ambulance equipment, fire & police equipment

        Trustee SCHMIDT moved the adoption of the following resolution.  The motion was seconded by Trustee WIEGMAN.  The Board of Trustees of the Village was polled.  The motion was adopted by a vote of 4 affirmative votes (being at least two_thirds of the voting strength of the Board of Trustees of the Village) and 0 negative votes and 1 absent votes.
        BOND RESOLUTION, DATED MAY 07, 2003, AUTHORIZING THE ISSUANCE OF UP TO $267,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF CROTON, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE ACQUISITION, construction and reconstruction of various public purposes, INCLUDING (I) THE ACQUISITION OF VARIOUS VEHICLES, (II) THE ACQUISITION OF AMBULANCE EQUIPMENT AND (III) THE ACQUISITION OF FIRE AND POLICE DEPARTMENT EQUIPMENT, IN AND FOR THE VILLAGE.


        WHEREAS, the Board of Trustees of the Village of Croton (the “Village”), located in Westchester County, in the State of New York (the “State”), hereby determines that it is in the public interest of the Village to authorize the financing of the costs of (1) the acquisition of various vehicles ($99,000), (2) the acquisition of ambulance equipment ($137,000), and (3) the acquisition of fire and police department equipment ($31,000) and other preliminary and incidental costs, in and for the Village, at a total cost not to exceed $267,000, in accordance with the Local Finance Law;
        NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Croton, as follows:
        Section 1.      There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $267,000, pursuant to the Local Finance Law, in order to finance costs of the specific objects or purposes hereinafter described.
        Section 2.      The specific objects or purposes or class of objects or purposes to be financed pursuant to this bond resolution, the respective estimated maximum cost of each item of such specific objects or purposes or class of objects or purposes, the principal amount of serial bonds authorized herein for such specific objects or purposes or class of objects or purposes, and the period of probable usefulness of such specific objects or purposes or class of objects or purposes thereof pursuant to the applicable subdivision of paragraph a of Section 11.00 of the Local Finance law, are as follows:
        (a) The acquisition of various vehicles, including (i) a 4WD police vehicle ($39,500),  (ii) a vehicle for the fire department ($35,500) and (iii) a vehicle for the Village ($24,000), together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $99,000 for which $99,000 principal amount of serial bonds are authorized herein and appropriated therefore, having a period of probable usefulness of five (5) years pursuant to subdivision 29 of paragraph a of Section 11.00 of the Local Finance Law.  Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) by the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds.
        (b) The acquisition of ambulance equipment, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $137,000 for which $137,000 principal amount of serial bonds are authorized herein and appropriated therefore, having a period of probable usefulness of five (5) years pursuant to subdivision 27-a of paragraph a of Section 11.00 of the Local Finance Law.  Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) by the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds.
        (c) The acquisition of fire and police department equipment, including defibrillators, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $29,000 for which $29,000 principal amount of serial bonds are authorized herein and appropriated therefore, having a period of probable usefulness of five (5) years pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law.  Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) by the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds.
        Section 3.  The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the classes of objects or purposes or specific objects or purposes listed in Section 2 above is $267,000, (b) no money has heretofore been authorized to be applied to the payment of the costs of such objects or purposes, and (c) the Board of Trustees of the Village plans to finance the costs of such objects or purposes from funds raised by the issuance of obligations authorized herein.
        Section 4.  Subject to the terms and conditions of this Resolution and the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00, 56.00 and 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 Resolution and the renewal of such bond anticipation notes and the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes authorized by this Resolution, and the power to issue, sell and deliver such serial bonds and bond anticipation notes are hereby delegated to the Village Treasurer, as the chief fiscal officer of the Village.  The Village Treasurer is hereby authorized to execute on behalf of the Village all serial bonds issued pursuant to this Resolution and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Clerk of the Village is hereby authorized to affix the seal of the Village to all such serial bonds and all such bond anticipation notes and to attest such seal.  Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the facsimile signature of the Village Treasurer.
        Section 5.      The faith and credit of the Village is 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 Resolution as the same shall become due.
        Section 6.      When this Resolution takes effect, the Clerk of the Village shall cause the same or a summary of the same to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in The Journal News, a newspaper having a general circulation in the Village.  The validity of the serial bonds authorized by this Resolution and of bond anticipation notes issued in anticipation of the sale of such serial bonds may be contested only if such obligations are authorized for an objects or purposes for which the Village is not authorized to expend money, or the provisions of law which should be complied with as of the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State.
        Section 7.      Prior to the issuance of obligations authorized to be issued by this bond resolution, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the “environmental compliance proceedings”).  In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the issuance of obligations authorized to be issued herein upon the advice of bond counsel.  It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment.
        Section 8.      For the benefit of the holders and beneficial owners from time to time of the bonds and bond anticipation notes authorized pursuant to this resolution (the “obligations”), the Village agrees, in accordance with and as an obligated person with respect to the obligations, under Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the “Rule”), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule.  In order to describe and specify certain terms of the Village’s continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of the obligations in accordance with the Rule, with any changes or amendments that are not inconsistent with this resolution and not substantially adverse to the Village and that are approved by the Village Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto.  The agreement formed, collectively, by this paragraph and the Commitment, shall be the Village’s continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Village would be required to incur to perform thereunder.  The Village Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices.  Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village.  The Village Treasurer acting in the name and on behalf of the Village, shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other special counsel in determining whether a filing should be made.
        Section 9.      The Village hereby declares its intention to issue the obligations authorized herein to finance costs of the Project.  The Village covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of 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 will not make any use of any of the equipment 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 of the vehicles 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 bonds or any other provisions hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof.  The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made for such purposes on or after a date which is not more than sixty (60) days prior to the date of adoption of this Resolution by the Village.
        Section 10.     This Resolution will take effect immediately upon its adoption.


6. APPROVAL OF MINUTES:
Trustee Schmidt made a motion to approve the minutes of the Regular Board Meeting held on June 23, 2003 as corrected.  Trustee McCarthy seconded the motion.  The Board voted unanimous approval.


7. REPORTS:
Village Manager Herbek reported that the July/August issue of the Village Newsletter is out; a number of residents did not receive it; he would like to hear back from residents to hone in on areas that regularly do not receive the newsletter and he will take it up with the post office.

Treasurer Reardon reported that the 2003-2004 tax season is concluded; he reminded everyone that the month of June next year has only 30 days; his office is open four Saturdays in June and stayed late during the week; the law says the Village must charge a late-payment penalty; he has called people as a reminder.  Trustee Reardon added that they will be in the Radner area doing radio meter reading and residents should not be concerned

Trustee Wiegman reported that he is looking forward to the joint board meeting next week.  He reminded that those who are eligible for Recreation Dept. passes include Village residents, school district residents and recommended that people who serve on the Croton Volunteer Fire Dept., but who may not live within the district be included.

Trustee McCarthy reminded people that the sidewalk program is still continuing; the Village will pay 50% of the cost and residents should submit applications.

Trustee Schmidt reported that the Arboretum is sponsoring a garden tour this Sunday, the 13th, -contact them for tickets.  He asked to put on a work session what is happening regarding Bari Manor and the Tenant Protection Act and where the tenants who had rent increases enacted can go to appeal the increase.

Mayor Elliott reported that Ross Weale had asked for a leave of absence for VEB and he is now welcomed back to fill a vacancy.


Trustee Wiegman made a motion to adjourn.  Trustee Schmidt seconded the motion; approved unanimously.  The meeting was adjourned at 10:20 pm.


Respectfully submitted,


Phyllis A. Bradbury, Secretary




Village Clerk