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

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


Hours: Mon. - Fri., 8:30 am - 4 pm
 
Board of Trustees Minutes 06-14-04
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, June 14, 2004 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.

The following officials were present:
        Mayor Elliott                   Trustee Schmidt
        Trustee Wiegman             Trustee Kane
        Manager Herbek          Trustee Grant
        Attorney Waldman                
                        
        Absent:  Reardon

1. CALL TO ORDER:

        Mayor Elliott called the meeting to order at 8:12 pm.  Everyone joined in the Pledge of Allegiance.

2.  APPROVAL OF VOUCHERS:
        On a motion by Trustee Schmidt, seconded by Trustee Grant, the vouchers         were approved unanimously as follows, subject to review by the Audit Committee

        General Fund            $ 53,121.58
        Water Fund                      386.80
        Capital Fund                    5,116.42
        Trust & Agency       8,369.69
        Total                           $ 66,994.49



3. CORRESPONDENCE:
        a. Carmella Mantello, Executive Director, Hudson River Greenway, re: Great Hudson River Paddle 2004.  Ms. Mantello informs the Board that this event, to celebrate the Hudson River Greenway Water Trail, improved public access to the Hudson River and the heritage and diversity of the communities in the Hudson Valley, will be occurring between July 6 and July 15 with special festivals being held at four locations along the river.
        Discussion: Manager Herbek stated he will try put as much information about this on our website as possible. Mayor Elliott said the participants will be camping at Croton Point Park on July 14th.

        b.   Stuart Greenbaum, Acting Chair, WCC re: proposed ball field at Croton Landing.  Mr. Greenbaum proposes an alternative, more expansive, description of the use of the proposed field.
        
        Discussion:  Trustee Schmidt said that was the original intention; All agreed.

        c. Maria Cudequest, re: Metro Enviro.  Ms. Cudequest requests her letter be on the agenda. She thanks for putting Michael Gerrard’s letter on website.

        Discussion: Mayor Elliott asked Attorney Waldman to comment on the Metro Enviro status so far. Attorney Waldman stated that Special Counsel Gerrard has advised the Village Board not to comment, answer questions, or engage in dialogue at this meeting.  They hope to be able to do so in the near future.  Obviously the speakers may say what they wish.
1.Richard Pellicci, Radnor Ave., Back room strategy is frustrating for him and others; no amount of risk is permissible; the garbage mentality is going to end here and now. He requests that the Board state they are not engaging in a deal with Metro Enviro and will close the site.
2. Maria Cudequest, 84 Grand St., She is pleased that a closing date of July 15th has been issued but disturbed that the Board agreed to meet with them; some mistakes don’t have to go on forever.  This is a bad business, run by bad people and will always be so.  Metro Enviro has many permits issued by many agencies – each with its own responsibilities. The waste industry is very good at being bad.  Not one of the issuing agencies has penalized violations or provided oversight in any meaningful way.  None will have the capacities of a Walter Mack.  This has enabled Metro Enviro to get away with stuff.  The 40 special permit conditions were not enforced and no deal will ever change this; the same with NYSDEC conditions, they are worthless because they are only as good as the DEC’s intentions to enforce their conditions. County license violations were also worthless since the County reduced their fines last year; can’t rely on any of these agencies; can’t rely on the Board either.  You’ll be hearing more in the weeks ahead; any meeting with Allied is pointless and any deal is doomed to failure.
3. David Goldman, 76 Young Ave. The entire premise of the original denial was that enough chances had been given; it was not done to garner more leverage.  The Board agreed to closely monitor the company but then did not.  He feels that some Board members have unexplained sympathies with the company.
4. Deborah McCarthy, Truesdale Dr.,  Mr. Gerrard’s letter should have been on the agenda. The public should see where this sell out is coming from; in her view it is Mayor Elliott; his regional views are sacrificing the local interests.  She read the last sentence from Special Counsel Gerrard’s letter referring to a meeting to see if any agreement could be made to obviate the need for closure.  Congratulations on using the lawyers trick for not having to discuss it tonight. Ms. McCarthy quoted from the Appellate decision.  When the Village Board made the decision she thought it was because they were agreed that Metro Enviro was a threat to the environment.  The appellate agreed with them and now you may be considering talking about obviating the need for closure; it brings into question your own original decision; didn’t Attorney Gerrard explain this to you?  There are potential long-term implications here; the facility will be here forever into the future and you have lost credibility with other communities; By turning around now, you are making a sham and mockery of what this Board has tried to do defend the Village from this entity.  Are there minutes from the Executive session because you took action.  Manager Herbek said there are none. Ms. McCarthy said that this is a violation. This wouldn’t have happened if there were 2 Republicans on the Board.  They would have fought this and she believes Trustee Wiegman would have supported them; it is because Trustee Kane is on the Board that this is being considered. If you reach an agreement and then take this money it is proof that Mayor Elliott has mismanaged the Village.  How far will you be in debt if you pass the budget resolutions tonight?  He has shown a lack of leadership.
5. Marie Yurchuk, Young Ave.,  Tonight on television, the Board of Legislators meeting of May 10 is being shown.  Every time this Board meets on something important, the County Board of Legislators is shown instead.
6. Don Daubney, Bungalow Rd.,  The Board brought the issue to court and the court supported you.  Do the right thing. The decision is yours to make; you must make the right decision; stand up and make no bargains.
7. Susan Konig, 37 Elmore, Everything has been said but she is adding her voice.  Why go to court to fight for right to deny the permit, win the fight and then decide to cut a deal to allow the company to stay?
8. Anne DiCioccio, 12 Irving Ave.,  6 years ago, at a meeting attended by parents concerned about drugs in the Village, the Mayor was overheard saying that on 12/17/1997 there would be a Public Hearing on a special permit for Metro Enviro.  She and others wrote letters and got enough people at the 12/17 meeting that it was held over to January 5th,  1998. They also got a petition with 1300 signatures and over 300 people came to the meeting (all opposed).  We will do it again if necessary.
9. Rich Lee, 82 Grand St., He agrees with what others have already said.  First Metro Enviro was approved on the basis of the Village’s weak legal position; that is not the case now. He wants people watching to write or call the Board and express their displeasure.  We’ve won the fight.  If they are allowed to stay, the appearance of impropriety goes beyond belief; they are not acting as “Trustees” as the name implies.

5. RESOLUTIONS:
        a. Authorizing Westchester County on behalf of the Croton Bay Watershed Steering Committee to file an application for an Estuary Grant from the NYS DEC.


I, Peggy Keesler , of the Village of Croton-on Hudson, New York, do hereby certify that the following resolution was adopted at a Village Board meeting of the Village of Croton-on-Hudson held on June 14, 2004 and is on file and of record, and that said resolution has not been altered, amended or revoked and is in full force and effect.

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

RESOLVED:

That Westchester County, as an appointee on the Croton Bay Watershed Steering Committee for the Village of Croton-on-Hudson, is here by authorized and directed to file an application for funds from the Hudson River Estuary Program in accordance with the provisions of the Hudson River Estuary Management Act (ECL 11-0306) of the New York State Department of Environmental Conservation in an amount not to exceed $37,500 for a total project amount of $50,000 of which the balance amount will be supplied by in-kind services, and upon request to enter into and execute a project agreement with the Hudson River Estuary program for such financial assistance to the Croton Bay Watershed Steering Committee for Croton Bay Watershed Intermunicipal Agreement.



Date___________________


Peggy Keesler, Village Clerk
        Discussion:  Trustee Kane read a statement on the history of this action.  A steering committee was created, with assistance from the Hudson River estuary program.  He and Fran Allen are Croton’s members on this committee.  He proposed the Intermunicipal Agreement (IMA) several months ago – an opportunity to provide environment improvements to the estuary and the Bay.  Trustee Schmidt asked what the in kind services amounted to. Trustee Kane said it was a few hours. Trustee Schmidt said that $13k was not inconsequential and that Trustee Kane was not the best person to speak to this given his position on concrete crushing at the well fields.
        b.  Bonding Resolutions:
        1-  Sewer Improvements - $459,000
                
SEWER IMPROVEMENTS
Trustee Wiegman moved the adoption of the following bond 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 1 negative vote (Trustee Schmidt) and 0 absent votes.
        BOND RESOLUTION, DATED JUNE 14, 2004, AUTHORIZING THE ISSUANCE OF UP TO $459,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF CROTON-ON-HUDSON, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE CONSTRUCTION, RECONSTRUCTION AND acquisition of sewer improvements IN AND FOR THE VILLAGE.

        WHEREAS, the Board of Trustees of the Village of Croton-on-Hudson (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 sewer improvements in and for the Village, including other preliminary and incidental costs, at a total cost not to exceed $459,000, in accordance with the Local Finance Law;
        NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Croton-on-Hudson, as follows:
        Section 1. There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $459,000, pursuant to the Local Finance Law, in order to finance costs of the specific object or purpose, or class of 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 sewer improvements 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 $534,000; (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 (i) the proceeds of the serial bonds or bond anticipation notes authorized herein and (ii) a CDBG grant of $75,000 to be paid to the Village; (d) the maturity of the obligations authorized herein will be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any item within an object or purpose set forth herein for which proceeds of obligations are to be applied to reimburse the Village, the Board of Trustees of the Village took “official action” for federal income tax purposes to authorize capital financing of such item.
        Section 4. It is hereby determined that the Project is a specific object or purpose, or class of 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 forty (40) years.  The serial bonds authorized herein shall have a maximum maturity of forty (40) years computed from the earlier of (a) the date of the first issue 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 bond resolution and the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 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 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 bond 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 bond resolution and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk 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 manual or 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 bond resolution as the same shall become due.
        Section 7.  When this bond resolution takes effect, the Village Clerk shall cause the same, or a summary thereof, 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 bond 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 object or purpose, or class of object or purpose, 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 bond resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within thirty (30) 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.  The Village hereby declares its intention to issue the obligations authorized herein to finance the 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 the facilities 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 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 purpose on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Village.
        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 bond resolution by the Village.
        Section 11.  For the benefit of the holders and beneficial owners from time to time of the bonds and bond anticipation notes authorized pursuant to this bond 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 which the Rule, with any changes or amendments that are not inconsistent with this bond 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 qualified independent special counsel in determining whether a filing should be made.
        Section 12.  This bond resolution is subject to a permissive referendum and will take effect upon its adoption by the Board of Trustees of the Village and 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-  Yacht Club Dredging  $76,500
        Trustee Wiegman moved the adoption of the following bond resolution.  The motion was seconded by Trustee Kane.  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 JUNE 14, 2004, AUTHORIZING THE ISSUANCE OF UP TO $76,500 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF CROTON-ON-HUDSON, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE DREDGING OF VILLAGE WATERWAYS FOR THE VILLAGE.

        WHEREAS, the Board of Trustees of the Village of Croton-on-Hudson (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 dredging of Village waterways for the Village, including other preliminary and incidental costs, at a total cost not to exceed $76,500, in accordance with the Local Finance Law;
        NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Croton-on-Hudson, as follows:
        Section 1. There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $76,500, pursuant to the Local Finance Law, in order to finance costs of the specific object or purpose, or class of object or purpose, hereinafter described.
        Section 2. The specific object or purpose to be financed by the issuance of such serial bonds is the dredging of Village waterways 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 $150,000; (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 (i) the proceeds of the serial bonds or bond anticipation notes authorized herein and (ii) $75,000 to be paid to the Village from the Village Yacht Club; (d) the maturity of the obligations authorized herein will not be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any item within an object or purpose set forth herein for which proceeds of obligations are to be applied to reimburse the Village, the Board of Trustees of the Village took “official action” for federal income tax purposes to authorize capital financing of such item.
        Section 4. It is hereby determined that the Project is a specific object or purpose, or class of object or purpose, described in subdivision 22(c) of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness of the Project is five (5) years.  The serial bonds authorized herein 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) 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 bond resolution and the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 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 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 bond 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 bond resolution and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk 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 manual or 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 bond resolution as the same shall become due.
        Section 7.  When this bond resolution takes effect, the Village Clerk shall cause the same, or a summary thereof, 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 bond 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 object or purpose, or class of object or purpose, 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 bond resolution, or a summary thereof, 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.  The Village hereby declares its intention to issue the obligations authorized herein to finance the 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 the facilities 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 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 purpose on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Village.
        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 bond resolution by the Village.
        Section 11.  For the benefit of the holders and beneficial owners from time to time of the bonds and bond anticipation notes authorized pursuant to this bond 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 which the Rule, with any changes or amendments that are not inconsistent with this bond 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 qualified independent special counsel in determining whether a filing should be made.
        Section 12.  This bond resolution will take effect upon its adoption by the Board of Trustees of the Village.
                
3-      Sidewalks, curbs, building improvements - $326,400

This resolution was not passed -  the vote was 3 affirmative votes and 2 negative votes (Trustee Grant, Trustee Schmidt).

Discussion:   Trustee Grant would rather see the sidewalks and curbs portion as a separate resolution from the elevators and power plants.  She is not in favor of the sidewalks as is well known. Manager Herbek said it would mean going back to the bond counsel.  Trustee Schmidt thought there would be further discussion before this reached this point. Trustee Wiegman stated that the sidewalk is $127, 900 and the balance is for the rest of the improvements; the majority is not for sidewalks. Manager Herbek said there needs to be 4 votes in favor. Mayor Elliott stated that it will be referred back to a work session.
        4-  Machinery, equipment, road improvements, park improvements -                                $514,100
        Trustee Wiegman moved the adoption of the following bond resolution.  The motion was seconded by Trustee Grant.  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 1 negative vote (Trustee Schmidt) and 0 absent votes.
        BOND RESOLUTION, DATED JUNE 14, 2004, AUTHORIZING THE ISSUANCE OF UP TO $514,100 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF CROTON-ON-HUDSON, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE (I) THE ACQUISITION OF MACHINERY AND APPARATUS FOR CONSTRUCTION AND MAINTENANCE, (ii) the reconstruction of village roads, AND (III) THE CONSTRUCTION, RECONSTRUCTION AND ACQUISITION OF VARIOUS PARK IMPROVEMENTS, IN AND FOR THE VILLAGE.

        WHEREAS, the Board of Trustees of the Village of Croton-on-Hudson (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 acquisition of machinery and apparatus for construction and maintenance, (ii) the reconstruction of Village roads, and (iii) the construction, reconstruction and acquisition of various park improvements, in and for the Village, including other preliminary and incidental costs, at a total cost not to exceed $514,100, in accordance with the Local Finance Law;
        NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Croton-on-Hudson, as follows:
        Section 1.  There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $514,100, pursuant to the Local Finance Law, in order to finance costs of the specific objects or purposes, or class of 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, the principal amount of serial bonds authorized herein for such specific 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 machinery and apparatus for construction and maintenance for the Village, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $340,700 for which $340,700 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) the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds.
        (b)     The reconstruction of Village roads in and for the Village, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $102,000 for which $102,000 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) the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds.
        (c)     The acquisition, construction and reconstruction of various park improvements in and for the Village, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $71,400 for which $71,400 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) 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 Project is $514,100; (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; (d) the maturity of the obligations authorized herein will be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any item within an object or purpose, or class of object or purpose, set forth herein, for which proceeds of obligations are to be applied to reimburse the Village, the Board of Trustees of the Village took “official action” for federal income tax purposes to authorize capital financing of such item.
        Section 4.  Subject to the terms and conditions of this bond resolution and the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 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 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 bond 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 bond resolution and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk 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 manual or 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 bond resolution as the same shall become due.
        Section 6.  When this bond resolution takes effect, the Village Clerk shall cause the same, or a summary thereof, 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 bond 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 object or purpose, or class of object or purpose, 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 bond resolution, or a summary thereof, 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.  The Village hereby declares its intention to issue the obligations authorized herein to finance the 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 the facilities 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 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 purpose on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Village.
        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 bond resolution by the Village.
        Section 10.  For the benefit of the holders and beneficial owners from time to time of the bonds and bond anticipation notes authorized pursuant to this bond 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 which the Rule, with any changes or amendments that are not inconsistent with this bond 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 qualified independent special counsel in determining whether a filing should be made.
        Section 11.  This bond resolution is subject to a permissive referendum and will take effect upon its adoption by the Board of Trustees of the Village and 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-  Fire Pumper - $418,000

        Trustee Grant moved the adoption of the following bond resolution.  The motion was seconded by Trustee Kane.  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 JUNE 14, 2004, AUTHORIZING THE ISSUANCE OF UP TO $418,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF CROTON-ON-HUDSON, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE acquisition of a fire-fighting vehicle FOR THE VILLAGE.

        WHEREAS, the Board of Trustees of the Village of Croton-on-Hudson (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 acquisition of a fire-fighting vehicle for the Village, including other preliminary and incidental costs, at a total cost not to exceed $418,200, in accordance with the Local Finance Law;
        NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Croton-on-Hudson, as follows:
        Section 1. There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $418,000, pursuant to the Local Finance Law, in order to finance costs of the specific object or purpose, or class of object or purpose, hereinafter described.
        Section 2. The specific object or purpose to be financed by the issuance of such serial bonds is the acquisition of a fire-fighting vehicle 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 $418,000; (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; (d) the maturity of the obligations authorized herein will be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any item within an object or purpose set forth herein for which proceeds of obligations are to be applied to reimburse the Village, the Board of Trustees of the Village took “official action” for federal income tax purposes to authorize capital financing of such item.
        Section 4. It is hereby determined that the Project is a specific object or purpose described in subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness of the Project is twenty (20) years.  The serial bonds authorized herein shall have a maximum maturity of twenty (20) years computed from the earlier of (a) the date of the first issue 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 bond resolution and the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 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 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 bond 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 bond resolution and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk 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 manual or 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 bond resolution as the same shall become due.
        Section 7.  When this bond resolution takes effect, the Village Clerk shall cause the same, or a summary thereof, 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 bond 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 object or purpose, or class of object or purpose, 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 bond resolution, or a summary thereof, 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.  The Village hereby declares its intention to issue the obligations authorized herein to finance the 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 the facilities 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 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 purpose on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Village.
        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 bond resolution by the Village.
        Section 11.  For the benefit of the holders and beneficial owners from time to time of the bonds and bond anticipation notes authorized pursuant to this bond 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 which the Rule, with any changes or amendments that are not inconsistent with this bond 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 qualified independent special counsel in determining whether a filing should be made.
        Section 12.  This bond resolution is subject to a permissive referendum and will take effect upon its adoption by the Board of Trustees of the Village and 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.

c. Resolution in support of an application to NYSERDA Program Opportunity Notice (PON) No. 843 for Photovoltaic Installations for Peak Load Reduction on Municipal Buildings.  

On motion of Trustee Wiegman, seconded by Trustee Kane, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York on June 14, 2004:
WHEREAS, the New York State Energy Research and Development Authority (NYSERDA) will provide partial funding for projects to install, demonstrate, and operate photovoltaic (PV) systems on municipal buildings in New York State, and this work is funded as a result of the settlement of a lawsuit by the New York State Office of the Attorney Genera against the Virginia Electric Power Company, specifically authorizing New York to fund the installation of PV systems on municipal buildings in New York State, and
WHEREAS, the Village of Croton-on-Hudson, New York, has designated itself as an Energy $mart Community on February 3, 2003; and
WHEREAS, the Village is undertaking improvements on the Bath House located in Senasqua Park on the shore of the Hudson River; and
WHEREAS, the Bath House and Senasqua Park are owned and operated by the Village, the site serves all age groups, and is the location of numerous Village-sponsored recreation and entertainment events each year; and
WHEREAS, the Village feels the Bath House at Senasqua Park is the site well suited to the terms of this grant opportunity, specifically because the interior renovation work there will be undertaken within the next year and the site is quite visible as the most popular of the Village’s parks; and
WHEREAS, the Board of Trustees of the Village of Croton-on-Hudson recognizes the value to its community in promoting public awareness of renewable energy sources; and
WHEREAS, the NYSERDA requires the Village to include with its grant application for PON No. 843 a letter of commitment, signed by a person authorized to contractually obligate the organization, that describes the Village’s funding commitment and responsibilities,
NOW THEREFORE BE IT RESOLVED: that the Village Board of the Village of Croton-on-Hudson, meeting in regular session on the fourteenth day of June, 2004, does hereby authorize the Village Manager and/or Mayor to prepare and submit a letter of commitment according to the terms specified by NYSERDA PON No. 843; and
BE IT FURTHER RESOLVED: that the Village declare itself Team Leader for the purpose of this grant application to ensure success of the project.

Discussion:  Trustee Grant asked if the $40k Senasqua Park improvements are included in this; no – that money was for interior improvements.  Trustee Wiegman stated that this site is the best suited site in our village to show the merits of photovoltaic uses; this opportunity is only available for about two more weeks.  If successful, up to 80% would be born by the acid rain settlement reached by the Attorney General.  Trustee Schmidt said we have no idea of what this would cost; the roof may slope the wrong way. Trustee Wiegman said he has people who will assess this.

6. CITIZEN PARTICIPATION – NON-AGENDA ITEMS
1. Dave Tuttle, 94 Grand St., He thanked the Recreation Dept. for the great night put on for the CET graduation.  He concurs with Trustee Schmidt’s opposition with Trustee Kane’s membership on this estuary committee based on his position on the concrete crushing operation.  The Village has dodged the bullet on this one. He was disheartened to read in the Gazette that his intentions were misread.  He feels this was an attack on him; hardly civil in his opinion.  The Board, with exception of Trustee Schmidt, refused to share information with him simply because the Village did not share his concerns.  He pursued it further with other environmentalists.  David Segos of Riverkeeper, wrote a letter that he was satisfied with the operation but asked for installation of hay bales. They were never placed on the site and fences are not maintained in good conditions.  Trout Unlimited also suggested testing.  He is hurt and disappointed about the personal attacks on him; a life long resident who has always tried to remain friendly and civil.  Deeply disappointed with how he has been characterized and disappointed with the Board.
2. Bob Wintermeier, 43 Radnor Ave.  Thanked Trustees Grant and Schmidt for the nay vote on the single bond issue regarding the sidewalks improvements.  He was taken aback by the comments made by Trustee Kane on the attitudes of people opposed to the concrete crushing.  If Metro Enviro continues to exist he will be the first volunteer to raise opposition to it.  He received an email about SEARS being a good corporate citizen for supporting servicemen employees who are called to active duty; there are many others as well.  What is the Village’s policy?  If we don’t pay their salary, he thinks we should.  Mayor Elliott asked Manager Herbek as a veteran and reservist, to comment.  Currently he is the only one on the staff subject to recall so there really was no need for there to be a policy covering this action.  However, in the last action – Gulf War in 1991- there were 2 possible individuals and the Board at that time passed a resolution to provide the benefits to them; not necessary to so this at this time. Mr. Wintermeier said he thinks we should have something in place. Mayor Elliot stated that he would put this on the list of things to discuss at a work session.
3. Maria Cudequest, 84 Grand St., Another aspect of concrete crushing is that it is among the most highly regulated of solid waste facilities.  County regulations only apply to permanent concrete crushing facilities.  A temporary operation appears to manage to escape the fees for the licenses and the stringent oversight that comes with licensed sites. She has brought it to the attention of Legislator Abinanti.  These types of sites are detrimental. She asked if the debris seen by  Mr. Pellicci was removed?  Manager Herbek said yes.  Dan O’Connor said the hole was dug up and crushed and removed.
4. Richard Pellicci, Radnor Ave., He commented on Trustee Kane’s letter to the Gazette and his reference to what the Romans used.  The Romans didn’t use the same materials used or present at the Croton concrete crushing site.
5. Sara  Boyce, 140 Benedict,  Ms. Boyce asked about the hesitance she read about regarding putting up Drug Free Zones because it might suggest that there is a drug problem here.  She feels it would send a message and this was suggested by the Student Congress. Signs should not be an issue.  Mayor Elliott said that what was reported was only one aspect and that the students agreed more information was needed.
6. Anne DiCioccio, Irving Ave., She finally listened to the tape of the May 10th meeting about the Bank St. houses and that it seems that at least one owner has walked away and the owners have overextended; that the houses are limited in their increase of value. Now Croton Housing Network (CHN) wants to buy the houses and rent them.  Will it cost the village? Mayor Elliott and Manager Herbek stated that the Village is not involved in this; it is between the Housing Network and the house owners. Ms. DiCioccio asked why is CHN still involved after the houses are purchased?  Mayor Elliott said it is because the owners must sell them back to CHN.  It will not cost the village anything.
7. Marie Yurchuk, Young Ave.,  She watches all these meetings at home on television as do many others in Croton.  She is surprised to see only a handful of people here but wants to assure the Board that many more people are opposed to keeping Metro Enviro open; be forewarned that you will see a backlash if you don’t close Metro Enviro.  
8. Don Daubney, Bungalow Rd., When will this meeting be shown?  Manager Herbek thinks it will be Wednesday night but we don’t control the system; we work hard not to be preempted; controlled entirely by the Cablevision company.  Then this was not a technical problem?; No, there is contention with the Board of Legislators meetings and Town Board meetings for time on the public access channel; we won’t find out until tomorrow why this happened.  Manager Herbek will express his displeasure to Emily Spaulding of Cablevision.


7. APPROVAL OF MINUTES:
        On a motion by Trustee Schmidt, seconded by Trustee Kane, the minutes of the Meeting of June 1, 2004 were approved as amended by a unanimous vote.

        Approval of the minutes of the Executive Session of June 1, 2004 were postponed.


8. REPORTS:
Manager Herbek:  Mr. Herbek showed the updated street map of Croton-on-Hudson prepared by Paul Gisondo. Copies will be available in the Village Office.

Trustee Wiegman:  
He thanked Hudson Stage Company for a wonderful performance.

Trustee Kane:
He read a letter from Fran Allen and the WAC saying that the great lawn is consistent with the LWRP.

Trustee Schmidt:
Thanked everyone involved for their help with Summerfest; was surprised at the crowds given the rain. The Recreation Advisory Committee met with Lucille Munz on the design for the trail at the northern end of Croton Landing.  Marie Brehm is being honored as Volunteer of the Year at the Hudson Valley Chamber of Commerce dinner coming up. He thinks we need to work on ‘fences’ in the zoning code.

Trustee Grant:
She is a saddened by all the anger expressed at board meetings.  We can all continue to disagree, but if people don’t like a decision it is not necessary to be accusatory.  She believes that everyone here and at home thinks the Board tries to do its best and in the best interests of all.  Words that cast innuendo are not necessary; the Trustees make decisions based on the best interests of the village.

Mayor Elliott:    
Congratulations and thanks to the Fire Department and Recreation Dept. all involved in Summerfest.

On a motion by Trustee Wiegman, seconded by Trustee Schmidt, the meeting was adjourned at 9:37 pm by unanimous vote.


Respectfully submitted
Ann H. Gallelli, Secretary




Margeret Keesler,
Village Clerk