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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 04-18-05
Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, April 18, 2005 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.


The following officials were present:

Mayor Schmidt
Trustee Wiegman
Village Manager Herbek
Trustee Kane
Treasurer Zambrano
Trustee Steinberg
Village Attorney Waldman
Trustee Brennan

CALL TO ORDER:

Mayor Schmidt called the meeting to order at 8:04 p.m.  Everyone joined in the Pledge of Allegiance.

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 Kane and approved unanimously.


General Fund
Water Fund
Capital Accounts
Trust & Agency
$22,430.08
4,125.50
28,914.37
2,193.77
$56,663.72

PUBLIC HEARING:

To consider Local Law Introductory No. 1 of 2005, a local law to establish sanitary sewer rates in the Village of Croton-on-Hudson

Roger Solymosy, Old Post Road North.  He stated that he would like to preface his remarks by saying he does not know where anyone from the board stands on this issue so nothing he said should be viewed as politically motivated, politically interested or politically informed.  The first he heard about this proposal was at the last Board meeting when it was mentioned that there would be a Public Hearing and the Board set it for tonight. Mr. Solymosy expressed his displeasure with the proposal including no visible tax credit on our Real Estate taxes and the appearance of this as a tax increase.  He further pointed out the wording on the Agenda for the Public Hearing as adopting the law as opposed to a Resolution regarding the law.  He went on to have a discussion with Mayor Schmidt and Treasurer Zambrano discussing the finances for the water fees and potential sewer fee.  At issue in particular was Metro North and their level of responsibility.  Also at issue was the $100,000.00 taken from the Water Fund and putting it into the General Fund.

Manager Herbek stated that in defense of the preparation of the agenda they try to make it easy for the board, easy for the public, and easy for the secretary and that is why every resolution has been prepared on this agenda awarding contracts and taking certain actions.  That does not necessarily mean that the Board is going to decide that way but that is how we have done this and that is all we were doing preparing the resolution to adopt this.  

John Harbeson, 5 Valley Trail, stated that he believes this issue is due to the budget deadline and that the Board is feeling time pressure.  He states that the Board owes the village more with regard to this potential sewer fee.   Show us exactly who is going to gain who is going to lose, and how much?  He suggested picking households around the village to show examples of this.  He also brought up what is going happen to the renters?   

Father Michael Keene, Holy Name of Mary Church, stated that as a representative for a not-for-profit organization he wanted to express his disappointment on how fast this is going.  The church is trying to put together numbers through the finance council and is aware of budgetary strains are all about.  Due to the swiftness he has not had a time to have a dialogue in the church about this is going to affect them.  As a not-for-profit organization they try to be open to the community.  He states that the church is like a public restroom – the church is always open to everyone in the village, it holds Alanon, free of charge, CYO basketball organization is open to everyone of any denomination.  The church is community friendly and most of the events held in the church are free of charge.   He believes that there is a wedge being driven in between government and non for profit agencies.  This rate for sanitary sewers is going to cause a need to raise things for parish.  He is concerned about the speed of how this is going.  He also stated that he believes the fee is going after the little guy whose purpose is to serve the community.  He states he has not been able to grasp it and understand its affect on the budgets.  He states the ones who try to serve will be negatively impacted.  The people that they try to service will be the ones negatively affected.

Mayor Schmidt responded that the reason for this public hearing was to gather information from public and digest it to see if this was something they wanted to proceed forward with.  This hearing does not mean that they are going to approve this tonight.

Trustee Steinberg added that the administration is given three weeks to finalize a budget.  They were looking outside of the box for additional revenues, to see what is available and he applauds Rick and Abe for coming up with the proposal for this.  He also stated that the speed of this issue is not because they are trying to push it through it is due to the time constraints of the budget.

Paul Rolnick, 1 Alexander Lane started by saying it was a logical argument made by Roger Solymosy, brought out the benefit of this Metro North and $10,000, is this right?  Mayor Schmidt states that it is not only Metro North.  Treasurer Zambrano added about the school districts.  Mr. Rolnick did not want the not-for-profits included.  He asked who else and how much is involved separate from the not-for-profit because he felt the cost would be passed on to us in another way from the school districts and religious organizations.  Where will we get new money in, $10,000 from Metro North and who else?  Treasurer Zambrano stated that approximately $20,000 from the golf course, but that he did not have exact numbers right now.  Mr. Rolnick says than we are really looking at $30,000.  Mr. Kane states that he has Hudson National at $9,000 and Metro North at $11,250.

Mayor Shmidt responded that Treasurer Zambrano has very different numbers than that.

Mr. Rolnik continued by asking what the benefits are.  Trustee Brennan answered that we are looking at future upgrades and not having to borrow from the general fund and the non-village residents will be paying part of the tax.  Trustee Steinberg added that the goal is to establish a revenue stream so we do not have to look at tax increases, do not have to look to capital spending and for bonding projects if you can establish revenue over the years.  The impact on your taxes would be negligible, it is not going to affect many people or change your tax bracket.  This provides a corpus of assets that will start growing and as projects come up we will have the proceeds at the very least to offset the possible tax increases that may be needed for those types of projects or bonding that may be needed.  Better to have money sitting in an interest bearing account.  Mr. Rolnik then asked why it is more beneficial to pay through a fee rather than through taxes.  Mayor Schmidt answered that it is based on usage.  The more water you use the more you will pay toward this rent.  Most in this room are pretty conservative in what we pay for water.  This is going after high end users – Metro North, Skyview, etc.  Mr. Rolnik does not feel the high end users are going to be paying very much.  

Mr. Rolnik asked about the $350,000 Roger mentioned goes from water fund to the general fund is that currently or under the new system.

Manager Herbek stated there has always been money from the water fund and applied to the general fund to offset primarily staff costs.  Mr. Rolnick said that seems to be a lot of money, can you be more specific as to how that is calculated because it is related to staff activity as it pertains to maintaining the sewer system.  Manager Herbek states that it is an estimate in the past few years we have spent quite a bit of time on the ground water study, engineers’ time, engineer staff time, treasurers staff time, water billing time, Manager Herbek’s time, last few years spent a lot more time on water supply distribution issues than in the past twenty years.  He believes it is done this way throughout the state and it is an estimate of time.

Mr. Rolnick asked about how quickly this proposal is moving and not making a decision tonight but will the Board be making a decision about adopting this law in whatever form it turns out to be by this April 25, 2005 deadline.  Mayor Schmidt said that is up for the Board to decide and he does not believe they have a meeting before that date to vote.  Mr. Rolnick then added that if the Board does not vote tonight then this will not be decided on by the budget deadline.

Bob Wintermeier, 43 Radnor Avenue, had a handout for the Board members and for those sitting in the audience.  Are you talking about the value of house, assessed value, real value, tax bracket for person, married person filing etc. all these factors come into play – what he did was to analyze the Sewer Tax Transfer by married persons filing jointly – had a chart that he put on board.  First tried to establish the value of the home, the numbers show the real value what you would sell your home for (people probably would not know the assessed value).  Numbers under each of the values of your home and tried to figure out for the assessed value of your home what your tax bracket and what your portion of your water bill you would be paying.

Ann DiCicio, 12 Irving Avenue – When there was the public hearing on the new Logo that resolution was passed at the same meeting, am I wrong?  Mayor Schmidt responded yes it was but just because it was on the Agenda does not mean it was gong to be passed.  If the resolution is there means that if there is sufficient reason to move forward with that resolution it is at least prepared and you can move on it.  You do not have to move on it.
Thomas Szoboslai, 1 Ekloff Court stated Mr. Wintermeier made a very interesting chart – cannot help but wonder if you have made a calculation of a real number on the impact on the village?  Question is how you will fund that capital fund – you can do it by instituting a use fee or you can do it by raising your taxes to a degree that would permit you to add money to that fund in a sufficient quantity.  Feels it does not matter how you do it.  It is a terrible injustice that Metro North does not pay a dime for taxes on real estate.  We are doing all this to get $10,000 out of Metro North?  How much is that costing the tax payers in the district as a tax deduction, has that calculation been made, has any attempt been made to make that calculation.  As he sees the numbers we are taking $210,000 out of one pocket that is tax deductible to one that is not tax deductible.  Is this a way just to get money from Metro North – not sure this is a good way?  This is also not a great way to tax not for profit?  It does not make sense to him. He thinks that maybe raising taxes an equivalent amount within the village to meet the numbers would be a better way.  He asked if Metro North and Hudson National Golf Course pay the same rate as residents for water.  The answer is they pay a higher rate.  

Marshall Goldberg, Alexander Lane, does have a lot of concerns about the $350,000, how it is in the budget, how it gets transferred across every year.  Would like some explanation in public in some way, does not have to be here, so that the people of Croton can understand how that money is there and gets transferred across.  In addition he wanted to pick up on the point that Mr. Szoboslai made to have clear charging and how you are attempting to broaden this because you are eliminating the concept of public good, common good by distributing this over a very small number of people in addition to those people that are the heart of Croton.  Another question that he had was does the Board have any insurance that Metro North will pay this and we will not end up in litigation over this and they will not contest it – have we contacted them and are they going to pay it?   Mayor Schmidt responded that there is always the possibility that they can contest it.  Mr. Goldberg went on to say for the sake of analogy if we are going to do this as a “user fee” then why do we not charge those that drive heavy cars and cause our roads to break down earlier – this fee is infringing on sense of community that we have.

On Motion of Trustee Steinberg, seconded by Trustee Brennan, the following resolution was left open for further discussion.  The motion was unanimously approved by the Board of Trustees of the Village of Croton-on-Hudson, New York.
Discussions about tabling the motion – attorney Waldman advised not to table (negative connotation) just leave it open.

Trustee Brennan thanked everyone for their ideas and comments and noted that no one from Metro North came to speak but people from other organizations such as the church, school, etc.

Mayor Schmidt added he did not want everyone to think they were trying to push it through that he sees they need more concrete numbers and information surrounding this issue.


CORRESPONDENCE:

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

Jerry Mulligan, Commissioner, Westchester County Department of Planning, re: Westchester County Citizens’ Volunteer Monitoring Program
Discussion:  Trustee Wiegman stated that he thought this information would be of interest to the school district because there could be high school students who might have a conservation theme and the Regents exam.  It was also added that this might be referred to the Water Control Commission, previously members had volunteered and might want to involve themselves again as well as forwarding it to River Lovers and the Arboretum.
Lester Farthing, Regional Director, US Dept of Commerce, re: American Community Survey
Discussion:  Mayor Schmidt stated one important line is that the “personal follow up interview on that survey” costs the tax payers more than 10x that of a mail response.  Very important if you receive this survey that you fill it out and return it.   
Anthony M. Landi, Westchester County Department of Environmental Facilities, re: Tour of Westchester County’s Recycling Education Center
Jerry D’Amore, President, Liberty Lines, re: Bee-Line bus strike
Discussion:  Mayor Schmidt stated that this is an unfortunate thing for many people.  It is costing people a lot of money to get back and forth from work everyday.  He also mentioned he heard from one of his patients that it is costing young adults their education, they cannot get to Westchester Community College and as a result have had to drop courses and are doing so after the add/drop period and therefore are getting failing grades.
Michael McCormack, NYS Office for Technology, re: Final Generic Environmental Impact Statement for the Statewide Wireless Network
Mary Donohue, Lieutenant Governor, re: Stormwater Management Guidance Manual for Local Officials
Helene Farrey, Hunter Street, re: Citizen Participation
Discussion:  Trustee Steinberg asked if that was something that the Board could consider doing.  Mayor Schmidt responded yes and that is something they will consider during a future work session on how to handle this public participation.
National Arbor Day Foundation, tree city USA, Wed. 4/27 10:00 a.m. at Croton Free Library
Terry Lucan, President of Croton Little League, Sat. 4/30 parade at 10:30 a.m.
Discussion:  Manager Herbek recommended that the Board approve the Resolution allowing the use of village roads for the annual parade.  On Motion of TRUSTEE Wiegman, seconded by TRUSTEE Kane the Board of Trustees of the Village of Croton-on-Hudson, New York unanimously approved the Resolution.

CITIZEN PARTICIPATION – Agenda Items

No comments.

RESOLUTIONS:

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

WHEREAS, it is necessary to hire a security firm for night security at Senasqua Boat Basin and Senasqua Park; and

WHEREAS, night security bids were sent out and 8 bid proposals were received and opened on March 31, 2005; and

WHEREAS, Special Services Bureau, Inc. of Bronx, NY was the lowest bid proposal; and

WHEREAS, the Superintendent of Parks and Recreation recommends that the Village award the bid to Special Services Bureau,

NOW, THEREFORE BE IT RESOLVED: that the Village Manager is authorized to award the bid proposal to Special Services Bureau, Inc at the amount of $12.00 per hour and $18.00 per hour on holidays,

AND BE IT FURTHER RESOLVED: that the total amount for the summer season of $14,490.00 be charged to account #7140.0400.

Discussion:     Trustee Brennan asked what the coverage entailed, the nights, times etc. and if it was a company different from last year as well as what we paid last year.  Manager Herbek and Mayor Schmidt responded that this has been ongoing for years and that it is 7 days a week from 10 p.m.  Trustee Kane asked if in addition to regular hours the company would be called upon during special events.  Mayor Schmidt responded that he believed the coverage began at 10 p.m. and any functions held there end by that time and they would be handled by in house staff.  The cost for this last year would be in the budget.

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

WHEREAS, the Village is intending to apply for four Community Development Block Grants for the fiscal year 2006-2008 cycle; and

WHEREAS, these applications are due on June 1, 2005; and

WHEREAS, the projects proposed are

Infrastructure improvements on Hunter Place, including extension of the water main to eliminate a dead end in the system, replacing the existing curb to minimize drainage problems, installation of sanitary sewer manholes, and lining of the sanitary sewer main
Infrastructure improvements at Farrington Road, including replacement of existing sanitary sewer main, installation of 10 manholes, replacement of existing sidewalk and curb including 100 feet on Hunter Place, construction of diagonal parking on lower Farrington, and installation of water valves on Farrington
Infrastructure improvements at High Street, including replacement of existing sanitary sewer main and installation of manholes, replacement of drainage inlets and replacement of sidewalk and curb from Palmer Avenue to Old Post Road North
Infrastructure improvements at Prospect Place, including replacement of water main and sidewalk and curb; and

WHEREAS, the rules of the Westchester County Urban County Consortium require that a Public Hearing be held to discuss the proposed projects before the applications are submitted,

NOW, THEREFORE BE IT RESOLVED: that the Board of trustees hereby calls for a Public Hearing on May 2, 2005 at 8:00 p.m. in the Meeting Room of the Stanley H. Kellerhouse Municipal Building to discuss the four Community Development Block Grant applications.

Discussion:  Mayor Schmidt asked what the status was as far as the Federal Government budget was concerned.  Manager Herbek responded that the President would like to eliminate the program or transfer most of it to the Commerce Department.  He does not believe Congress will allow that.  What we may see is in the future the Community Development Block Grant Program may be cut back somewhat but does not think it will transferred or eliminated.  Mayor Schmidt added he thinks there is a lot of pressure to keep this going and these are just four potential projects that are available in the Village.  Manager Herbek stated that the staff is spending a lot of time on this and he believes that the Village has brought in $3,000,000.00 over the years on this.  We have revitalized the commercial areas, done infrastructure improvements, money toward parks and recreation facilities.  Now the Village will be focusing on the older part of Croton-on-Hudson.  Mayor Schmidt made a note that this is another justification of how we use money from the water fund.

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

WHEREAS, THE Village’s a long-term computer operator, Carmen Smith, will be retiring in July; and

WHEREAS, the Village Treasurer wishes to reclassify the position more accurately to reflect the job duties of this position; and

WHEREAS, the Village has recruited Genette Toone, who has extensive experience in all facets of municipal government finance during her employment with the Village of Sleepy Hollow;

NOW, THEREFORE BE IT RESOLVED: that Genette Toone is hereby appointed to the position of Deputy Treasurer, effective April 18, 2005, at a salary of $55,850.

Discussion:     Trustee Kane asked if the Deputy Treasurer position is one that requires residency.  Manager Herbek responded no.

d)      Trustee Wiegman submitted the following bond resolution and moved for its adoption.  The motion was seconded by Trustee Brennan.  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) with 0 negative votes and 0 votes absent.
        BOND RESOLUTION, DATED APRIL 18, 2005, AUTHORIZING THE ISSUANCE OF UP TO $1,200,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF CROTON-ON-HUDSON, COUNTY OF WESTCHESTER, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE acquisition, CONSTRUCTION AND RECONSTRUCTION OF VARIOUS WATER MAINS IN AND FOR THE VILLAGE.

        WHEREAS, the Board of Trustees of the Village of Croton-on-Hudson (the “Village”), a municipal corporation of the State of New York, located in the County of Westchester, hereby determines that it is in the public interest of the Village to authorize, in accordance with the Local Finance Law, the financing of the costs of the acquisition, construction and reconstruction of various water mains in and for the Village, including the acquisition of any equipment, machinery, apparatus, land or rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at a total cost not to exceed $1,200,000;
        NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Croton-on-Hudson, County of Westchester, State of New York, as follows:
        Section 1.      There is hereby authorized to be issued serial bonds of the Village, and bond anticipation notes issued in anticipation of the issuance of such serial bonds, in the aggregate principal amount not to exceed $1,200,000, pursuant to the Local Finance Law, in order to finance costs of the acquisition, construction and reconstruction of various water mains in and for the Village, including the acquisition of any equipment, machinery, apparatus, land or rights-in-land  necessary therefor and any preliminary and incidental costs related thereto (the “Project”).
        Section 2.      The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the Project is $1,200,000; (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 authorized herein and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds; (d) the maturity of such obligations authorized herein may be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any item related to the Project for which proceeds of such 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 expenditure.
        Section 3.      It is hereby determined that the Project is a specific object or purpose, or of a class of object or purpose, described in subdivision 1 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 issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds.
        Section 4.      Subject to the terms and conditions of this bond resolution and the Local Finance Law, including the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 60.00, inclusive, the power to authorize the serial bonds authorized herein, and bond anticipation notes issued in anticipation of the issuance of such serial bonds, including renewals thereof, the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes, and the power to issue, sell and deliver such serial bonds and such 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 impress the seal of the Village (or have imprinted a facsimile thereof) to or on 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 to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in the Gazette and the Journal News, newspapers having a general circulation in the Village.  The validity of the serial bonds authorized herein and of bond anticipation notes issued in anticipation of the issuance 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 have been complied with as of the date of the publication of this bond resolution, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (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 of New York.
        Section 7.      Prior to the issuance of the obligations authorized herein, 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 such obligations authorized 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 and beneficial owners of such obligations 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 Project 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 federal 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 the Project 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 federal 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 such serial bonds authorized herein 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 with respect to the Project 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.      For the benefit of the holders and beneficial owners from time to time of the serial bonds authorized herein, and bond anticipation notes issued in anticipation of the issuance of such serial bonds, the Village agrees, in accordance with and as an obligated person with respect to such 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 hereby 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 such obligations authorized herein in accordance with 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 and 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 10.     This bond resolution is subject to 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.


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

WHEREAS, there was a bid opening on March 30, 2005 for the Harmon Water Project; and

WHEREAS, eight bids were received; and

WHEREAS, the bids consisted of a base bid with alternates; and

WHEREAS, Bilotta Construction Corp. has the lowest base bid with all alternates at $1,225,364.20: and

NOW, THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to award the bid to Bilotta Construction Corp.;

AND BE IT FURTHER RESOLVED: that this amount be charged to Capital Account #3-834 200 0102 74.

Discussion:     Trustee Steinberg stated that he knows Bilotta Construction Corp. as a high quality union contractor and he was pleased to see they were the lowest bidder.  Trustee Kane added that he would like to thank Dan O’Connor as well as the rest of the Village staff who spent many weeks in work session planning this and they did an excellent job.  Mayor Schmidt again noted that this is another example of the transfer of money from the Water Fund into the Capital Fund.  This was a huge project that included extensive back and forth between the Health Department and our Engineering Department.  We started talking about this two years ago.  Trustee Brennan stated that he appreciated all the work that went into this and that he was also very satisfied with Bilotta Construction Corp.  They are a good contractor.  Manager Herbek stated that there will also be a meeting with the public to answer questions before the work begins.  There will also be much coordination that will take place to get this done.  Trustee Wiegman added that we should not overlook that Tom Brennan spoke up about this larger potential solution opposed to fixing it one little leak at a time.

CITIZEN PARTICIPATION -  NON-AGENDA ITEMS:

Tom  Szoboslai, 1 Ekloff Court, wanted to know under current budget is there any money to build any additional field space for children down at the water front or elsewhere.  Mayor Schmidt responded that there is money in the capital budget to do the great lawn at Croton Landing and we are still looking at the relationship with the County at Croton Point.

APPROVAL OF THE MINUTES:

Trustee Wiegman made a motion to approve the minutes of the Annual Organization Meeting of the Village of Croton on Hudson held on April 4, 2005 as corrected.  Trustee Kane seconded the motion.  The Board voted unanimous approval.

Trustee Wiegman made a motion to approve the minutes of the Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson held on April 4, 2005.  Trustee Kane seconded the motion.  The Board voted unanimous approval.
Trustee Kane made a motion to approve the minutes of the Special Meeting Held on April 11, 2005 as corrected.  Trustee Wiegman seconded the motion.  The Board voted unanimous approval.

REPORTS:

Trustee Wiegman had questions about resumes for various board openings; also inquired about the search for the new Village Attorney.

Mayor Schmidt responded that many names have been submitted as well as submitting names and we will begin the process of weeding through those.

Trustee Wiegman stated that at the last work session they took the capital budget proposed for next year and made quite a few changes in it including a change for which they had no idea what the impact would be about cutting the parking lot capital borrowing from $850,000 to $500,000 or using only the $500,000 grant.  Have we had any word back from Cherbuliez Munz on that or do we know when we might hear back  as to whether the money we have left in the budget will buy us anything.  Mr. Herbek responded that he would still like to do a follow up presentation for the new board members but does not believe that will occur by the time the budget is approved.  They may have another work session with Cherbuliez Munz and if it is decided the Board wants to approve more than $500,000 all it will involve is another bond resolution.  We would have to pay for bond council.

Trustee Wiegman then stated the public hearing on the local law for sewer rent was interesting and in his experience on reading the laws this is a law that may have a useful public purpose as an idea for the long term capital funding of our sewers but the actual haste with which the law was put together makes it the most poorly crafted municipal law he has seen in over 4 years, he thinks the haste to rush this through before the budget passed led to significant editorial errors but thinks there are conceptual gaps as well and he looks forward to a work session or future discussion on this.  

Trustee Kane had a letter from Carl Grimm who has an energy efficient vehicle and has questions where the free parking will be in addition to others and maybe we can post the locations on the web site.  Manager Herbek  responded stating he has not had a chance to do any follow up work about the parking – anticipates a June 1, 2005 time frame to implement something along those lines.  He has received a  letter from the Department of Transportation concerning the reimbursement because the resolution indicated whatever revenues are lost by providing free permits the NY State Department of Transportation would make that up.  We need to find out how all that works, it all needs to be researched, evaluated and staffed before the program can be established.

Trustee Kane – Village will celebrate Earth Day on Saturday, April 23, 2005 from 9 a.m. to Noon.  Meet at Senasqua Park.  The projects will include the Duck Pond stream that feeds the duck pond in back of the  ball field, the Canoe Launch where there will be a bench installed, Senasqua Park and the North Cove will be attacked for litter and debris, Benedict Blvd. will have flowers planted and litter along Black Rock will be taken care of.

Trustee Steinberg – met with Sue Menz and the Recreation Advisory Board as first liaison appointment meeting.  He was very impressed Sue Menz and they are working with the best interests of the village in mind.  He anticipates scheduling meetings with the library and the school board in conjunction with Charlie.

Trustee Brennan said did not have a chance to meet with the zoning board because he was at a budget meeting.  He also wanted to make a response to the gentleman about the transfer of the money from the water fund and that it has occurred for the past three years.

Mayor Schmidt announced oral arguments regarding Metro Environment case are going to be on Wednesday June 8, 2005 at 2 p.m. up in Albany

Trustee Wiegman made a motion to go into Executive Session to discuss real estate and potential litigation.  Trustee Brennan seconded the motion; approved unanimously.

Trustee Wiegman made a motion to adjourn.  Trustee Kane seconded the motion; approved unanimously.  The meeting was adjourned at 10:03 p.m.

Respectfully submitted,


Jennifer C. Vargas, Secretary




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Village Clerk