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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 Meeting July 11, 2005
Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday July 11, 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 Brennan
Trustee Steinberg
        

1. CALL TO ORDER:
Mayor Schmidt called the meeting to order at 8:00 p.m.  Everyone joined in the Pledge of Allegiance.  Mayor Schmidt announced that Croton won its case against MetroEnviro and it has been decided that MetroEnviro will cease operation on 7/23/05; they will have a 90 day period to shut down & cease operations as required in the special manual & the DEC manual.  Mayor Schmidt thanked everyone who helped the Village to move along on this; it is a defining moment in a community to stand up and fight and is quite an accomplishment for the Village; this court case will be used as reference in future cases.

2. APPROVAL OF VOUCHERS:
Trustee Kane made a motion to approve the vouchers as follows, subject to review by the Audit Committee.  The motion was seconded by Trustee Brennan and approved unanimously.


General Fund
$ 58,641.04
Water Fund
1,881.53
Capital Accounts
4,534.10
Trust & Agency
8,992.41
$74,049.08


3.      CORRESPONDENCE:
Village Manager Herbek read the following correspondence (full text available at the Village Office):
A letter from Westchester Cycle Club; this request has been withdrawn as of today.
A memo from Ann Gallelli, Chair, Planning Board regarding the Steep Slopes Special Hardship Permit Referral for DDR Construction, Inc.; recommending rejection. It was the unanimous consensus of the Board to reject this application; Village Manager Herbek will send a letter.
A letter from William Flynn, NYS Dept. of Public Service regarding Verizon’s franchising obligations under the Public Service Law, explaining the Village’s role in managing the public rights-of-way and clarifying that prior to offering cable video services, Verizon must obtain a cable franchise.
A letter from Scott Davidson and Alex Yamet, National Youth Rights Association regarding lowering the voting age to 16.  Mayor Schmidt stated that this would require a change in the NYS election law and the Village cannot do this.
CITIZEN PARTICIPATION-Agenda Items

Maria Cudequest, 84 Grand St., thanked everyone for the work done with MetroEnviro; the Historical Society gives one the ability to look back at 40 years of history and she noted that every time there was something to do with waste, Croton was recommended as a site.

Anne DiCioccio 12 Irving Ave. thanked the Mayor, the Village Manager and the Board for their hard work and for doing the right thing.

Don Daubney, Bungalow Rd., regarding the sidewalk program, asked if there is a backlog of people who have applied for this program and what year of applications are we currently operating on?  Village Manager Herbek replied that as of 5/31/05, it is the end of the 5th year; people are still on the 50/50 program as they had applied within the first 5 years; these will still qualify for a few more years; applications received after 6/1/05 will have a subsidy of 25/75.  Mr. Daubney suggested that people who apply in the future to be apprised that their subsidy will be less.  Village Manager Herbek added that anyone who waits 7 years will have to pay 100% for their necessary sidewalk improvement.

Susan Koenig, 37 Elmore; acknowledged the Board for the good news about MetroEnviro and also thanked past board members and the community for their involvement.  Ms. Koenig, regarding the request from National Youth Rights Assoc., encouraged young people to get involved with the process of voting and to come to board meetings.

Richard Pellicci, 65 Radnor Ave., thanked the Mayor & the Board; it was a long fight, but worth every minute even though it was seven years.

Bob Wintermeir, 43 Radnor Ave., stated that this is one of the most significant events that has happened in the last 13 yrs; Washington courts recently stated that it is up to the municipality to protect the people; people throughout the state and in other areas will benefit from the ruling; those who come to this town now know they cannot violate laws or destroy the environment; he feels much safer and also thanked the lawyers who worked on this and Deb McCarthy for her assistance.

5.      RESOLUTIONS:
On motion of Trustee Steinberg, seconded by Trustee Brennan, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:
WHEREAS, the Village and the New York State DOT have entered into a snow and ice agreement which will expire in 2007; and
WHEREAS, the Village has received an amendment to this contract reflecting the severity of the winter and the higher cost of the fuel for the 2004/05 period; and
WHEREAS, under this amendment the estimated expenditure has been increased from $13,263.20 to $14,138.57;
NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign Amendment B of the Indexed Lump Sum snow and ice agreement with New York State Department of Transportation expiring in 2007.
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:
WHEREAS, Philip Spagnoli has applied for a steep slopes special hardship permit for 214 Grand Street; and
WHEREAS, this matter was referred to the Planning Board; and
WHEREAS, the Planning Board recommends the granting of the special permit subject to certain specific conditions as outlined in a memo from Ann Gallelli dated July 6, 2005,
NOW, THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby calls for a Public Hearing on August 15, 2005 at 8pm in the meeting room of the Stanley H. Kellerhouse Municipal Building to consider the steep slopes special hardship permit application for 214 Grand St.
c) Trustee Wiegman submitted the following bond resolution and moved for its adoption.  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 with 0 votes absent.
        BOND RESOLUTION, DATED JULY 11, 2005, AUTHORIZING THE ISSUANCE OF UP TO $193,800 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF CROTON-ON-HUDSON, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF (I) THE ACQUISITION, construction and reconstruction of STORM SEWER improvements AND (II) THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF WATER SYSTEM IMPROVEMENTS, ALL 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 the financing of the costs of (i) the acquisition, construction and reconstruction of storm sewer improvements ($153,000) and (ii) the acquisition, construction and reconstruction of water system improvements ($40,800), all in and for the Village, including the acquisition of any applicable equipment, machinery, apparatus, land and rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at a total estimated cost not to exceed $193,800, in accordance with the Local Finance Law;
        NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Croton-on-Hudson, in the County of Westchester, State of New York, as follows:
        Section 1.      There is hereby authorized to be issued serial bonds and bond anticipation notes issued in anticipation of the issuance of such serial bonds of the Village in the aggregate principal amount of up to $193,800, pursuant to the Local Finance Law, in order to finance the costs of the specific objects or purposes, or classes 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 such specific objects or purposes, the principal amount of serial bonds authorized herein, or bond anticipation notes issued in anticipation of the issuance of such serial bonds, for such specific objects or purposes, and the period of probable usefulness of such specific objects or purposes or class of objects or purposes pursuant to the applicable subdivision of paragraph a of Section 11.00 of the Local Finance law, are as follows:
        (a)     The acquisition, construction and reconstruction of storm sewer improvements in and for the Village, together with the acquisition of any applicable equipment, machinery, apparatus, land and rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at an estimated maximum cost of $153,000 for which $153,000 principal amount of serial bonds, or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of forty (40) years pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law.  Such serial bonds 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; and
        (b)     The acquisition, construction and reconstruction of water system improvements in and for the Village, together with the acquisition of any applicable equipment, machinery, apparatus, land and rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at an estimated maximum cost of $40,800 for which $40,800 principal amount of serial bonds, or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of forty (40) years pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law.  Such serial bonds 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 3.      The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the Project is $193,800; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the proceeds of the serial bonds, or bond anticipation notes issued in anticipation of the issuance of such serial bonds, authorized herein; (d) the maturity of the serial bonds authorized herein may be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay any costs of the Project for which proceeds of any obligations authorized herein 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 the capital financing of such expenditure.
        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 serial bonds as authorized herein, and bond anticipation notes issued in anticipation of the issuance of such serial bonds, including the renewal thereof, the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes, and the power to sell, issue 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 to have imprinted a facsimile thereof) 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 and the Gazette, 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, 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 of New York.
        Section 7.      Prior to the issuance of any 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 any 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 serial bonds, and/or bond anticipation note issued in anticipation of the issuance of such serial bonds, as authorized herein, to finance the costs of the Project.  The Village covenants for the benefit of the holders 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 serial bonds issued under this bond resolution 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 in connection with 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 and bond anticipation notes issued in anticipation of the issuance of such serial bonds as authorized herein, 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 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 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.

d)      Trustee Steinberg 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) and 0 negative votes with 0 votes absent.
        BOND RESOLUTION, DATED JULY 11, 2005, AUTHORIZING THE ISSUANCE OF UP TO $69,400 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF CROTON-ON-HUDSON, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE ADDITIONAL 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”), 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 the financing of the additional costs of the acquisition of a fire-fighting vehicle for the Village, including the acquisition of any applicable equipment, machinery and apparatus necessary therefor and any preliminary and incidental costs related thereto, at a total estimated cost not to exceed $69,400, in accordance with the Local Finance Law;
        NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Croton-on-Hudson, in the County of Westchester, State of New York, as follows:
        Section 1.      There is hereby authorized to be issued serial bonds and bond anticipation notes issued in anticipation of the issuance of such serial bonds of the Village in the aggregate principal amount of up to $69,400, pursuant to the Local Finance Law, in order to finance the additional costs of the acquisition of a fire-fighting vehicle for the Village, including the acquisition of any applicable equipment, machinery and apparatus necessary therefor and any preliminary and incidental costs related thereto (collectively, 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 $69,400; (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 issued in anticipation of the issuance of such serial bonds, authorized herein; (d) the maturity of the serial bonds authorized herein may be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay any costs of the Project for which proceeds of any obligations authorized herein 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 the capital financing of such expenditure.
        Section 3.      It is hereby determined that the Project is of a class of object or purpose as 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 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 serial bonds as authorized herein, and bond anticipation notes issued in anticipation of the issuance of such serial bonds, including the renewal thereof, the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes, and the power to sell, issue 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 to have imprinted a facsimile thereof) 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 and the Gazette, 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, 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 of New York.
        Section 7.      Prior to the issuance of any 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 any 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 serial bonds, and/or bond anticipation note issued in anticipation of the issuance of such serial bonds, as authorized herein, to finance the costs of the Project.  The Village covenants for the benefit of the holders 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 serial bonds issued under this bond resolution 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 in connection with 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 and bond anticipation notes issued in anticipation of the issuance of such serial bonds as authorized herein, 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 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 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.

e) Trustee Brennan submitted the following bond resolution and moved for its adoption.  The motion was seconded by Trustee Wiegman.  The Board of Trustees of the Village was polled.  The motion was adopted by a vote of 5 affirmative votes (being at least two_thirds of the voting strength of the Board of Trustees of the Village) and 0 negative votes with 0 votes absent.
        BOND RESOLUTION, DATED JULY 11, 2005, AUTHORIZING THE ISSUANCE OF UP TO $584,600 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF CROTON-ON-HUDSON, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF (I) THE construction and reconstruction of improvements to roads AND STREETS, (II) THE ACQUISITION OF A BACKHOE AND (III) THE CONSTRUCTION AND RECONSTRUCTION OF IMPROVEMENTS TO PARKS, ALL 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 the financing of the costs of (i) the construction and reconstruction of improvements to roads and streets ($258,200), (ii) the acquisition of a backhoe ($51,000) and (iii) the construction and reconstruction of improvements to parks ($275,400), all in and for the Village, including the acquisition of any applicable equipment, machinery, apparatus, land and rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at a total estimated cost not to exceed $584,600, in accordance with the Local Finance Law;
        NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Croton-on-Hudson, in the County of Westchester, State of New York, as follows:
        Section 1.      There is hereby authorized to be issued serial bonds and bond anticipation notes issued in anticipation of the issuance of such serial bonds of the Village in the aggregate principal amount of up to $584,600, pursuant to the Local Finance Law, in order to finance the costs of the specific objects or purposes, or classes 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 such specific objects or purposes, the principal amount of serial bonds authorized herein, or bond anticipation notes issued in anticipation of the issuance of such serial bonds, for such specific objects or purposes, and the period of probable usefulness of such specific objects or purposes or class of objects or purposes pursuant to the applicable subdivision of paragraph a of Section 11.00 of the Local Finance law, are as follows:
        (a)     The construction and reconstruction of improvements to roads and streets in and for the Village, together with the acquisition of any applicable equipment, machinery, apparatus, land and rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at an estimated maximum cost of $258,200 for which $258,200 principal amount of serial bonds, or bond anticipation notes issued in anticipation of the issuance of such 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 issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and
        (b)     The acquisition of a backhoe for the Village, together with any preliminary and incidental costs related thereto, at an estimated maximum cost of $51,000 for which $51,000 principal amount of serial bonds, or bond anticipation notes issued in anticipation of the issuance of such 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 issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and
        (c)     The construction and reconstruction of improvements to parks in and for the Village, including Silver Lake ($20,400) and Croton Landing ($255,000), together with the acquisition of any applicable equipment, machinery, apparatus, land and rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at an estimated maximum cost of $275,400 for which $275,400 principal amount of serial bonds, or bond anticipation notes issued in anticipation of the issuance of such 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 issue of 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 $584,600; (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 issued in anticipation of the issuance of such serial bonds, authorized herein; (d) the maturity of the serial bonds authorized herein may be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay any costs of the Project for which proceeds of any obligations authorized herein 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 the capital financing of such expenditure.
        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 serial bonds as authorized herein, and bond anticipation notes issued in anticipation of the issuance of such serial bonds, including the renewal thereof, the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes, and the power to sell, issue 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 to have imprinted a facsimile thereof) 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 and the Gazette, 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, 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 of New York.
        Section 7.      Prior to the issuance of any 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 any 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 serial bonds, and/or bond anticipation note issued in anticipation of the issuance of such serial bonds, as authorized herein, to finance the costs of the Project.  The Village covenants for the benefit of the holders 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 serial bonds issued under this bond resolution 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 in connection with 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 and bond anticipation notes issued in anticipation of the issuance of such serial bonds as authorized herein, 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 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 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.

f) Trustee Kane 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) and 0 negative votes with 0 votes absent.
        BOND RESOLUTION, DATED JULY 11, 2005, AUTHORIZING THE ISSUANCE OF UP TO $153,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF CROTON-ON-HUDSON, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE construction and reconstruction of improvements to sidewalks and curbs 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 the financing of the costs of the construction and reconstruction of improvements to sidewalks and curbs in and for the Village, including the acquisition of any applicable equipment, machinery, apparatus, land and rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at a total estimated cost not to exceed $153,000, in accordance with the Local Finance Law;
        NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Croton-on-Hudson, in the County of Westchester, State of New York, as follows:
        Section 1.      There is hereby authorized to be issued serial bonds and bond anticipation notes issued in anticipation of the issuance of such serial bonds of the Village in the aggregate principal amount of up to $153,000, pursuant to the Local Finance Law, in order to finance the costs of the construction and reconstruction of improvements to sidewalks and curbs in and for the Village, including the acquisition of any applicable equipment, machinery, apparatus, land and rights-in-land necessary therefor and any preliminary and incidental costs related thereto (collectively, 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 $153,000; (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 issued in anticipation of the issuance of such serial bonds, authorized herein; (d) the maturity of the serial bonds authorized herein may be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay any costs of the Project for which proceeds of any obligations authorized herein 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 the capital financing of such expenditure.
        Section 3.      It is hereby determined that the Project is of a class of object or purpose as described in subdivision 24 of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness of the Project is ten (10) years.  The serial bonds authorized herein shall have a maximum maturity of ten (10) years computed from the earlier of (a) the date of the first issue of such serial bonds, or (b) 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 serial bonds as authorized herein, and bond anticipation notes issued in anticipation of the issuance of such serial bonds, including the renewal thereof, the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes, and the power to sell, issue 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 to have imprinted a facsimile thereof) 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 and the Gazette, 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, 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 of New York.
        Section 7.      Prior to the issuance of any 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 any 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 serial bonds, and/or bond anticipation note issued in anticipation of the issuance of such serial bonds, as authorized herein, to finance the costs of the Project.  The Village covenants for the benefit of the holders 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 serial bonds issued under this bond resolution 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 in connection with 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 and bond anticipation notes issued in anticipation of the issuance of such serial bonds as authorized herein, 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 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 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.

g) Trustee Kane submitted the following bond resolution and moved for its adoption.  The motion was seconded by Trustee Wiegman.  The Board of Trustees of the Village was polled.  The motion was adopted by a vote of 5 affirmative votes (being at least two_thirds of the voting strength of the Board of Trustees of the Village) and 0 negative votes with 0 votes absent.
        BOND RESOLUTION, DATED JULY 11, 2005, AUTHORIZING THE ISSUANCE OF UP TO $66,300 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF CROTON-ON-HUDSON, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE acquisition OF A RECORDS MANAGEMENT SYSTEM FOR THE VILLAGE POLICE DEPARTMENT.

        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 the financing of the costs of the acquisition of a records management system for the Village Police Department, including any preliminary and incidental costs related thereto, at a total estimated cost not to exceed $66,300, in accordance with the Local Finance Law;
        NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Croton-on-Hudson, in the County of Westchester, State of New York, as follows:
        Section 1.      There is hereby authorized to be issued serial bonds and bond anticipation notes issued in anticipation of the issuance of such serial bonds of the Village in the aggregate principal amount of up to $66,300, pursuant to the Local Finance Law, in order to finance the costs of the acquisition of a records management system for the Village Police Department, including any preliminary and incidental costs related thereto (collectively, 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 $66,300; (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 issued in anticipation of the issuance of such serial bonds, authorized herein; (d) the maturity of the serial bonds authorized herein will not be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay any costs of the Project for which proceeds of any obligations authorized herein 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 the capital financing of such expenditure.
        Section 3.      It is hereby determined that the Project is of a class of object or purpose as described in subdivision 72 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 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 serial bonds as authorized herein, and bond anticipation notes issued in anticipation of the issuance of such serial bonds, including the renewal thereof, the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes, and the power to sell, issue 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 to have imprinted a facsimile thereof) 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 and the Gazette, 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, 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 of New York.
        Section 7.      Prior to the issuance of any 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 any 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 serial bonds, and/or bond anticipation note issued in anticipation of the issuance of such serial bonds, as authorized herein, to finance the costs of the Project.  The Village covenants for the benefit of the holders 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 serial bonds issued under this bond resolution 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 in connection with 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 and bond anticipation notes issued in anticipation of the issuance of such serial bonds as authorized herein, 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 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 will take effect immediately upon its adoption by the Board of Trustees of the Village.

h)      On motion of Trustee Steinberg, seconded by Trustee Brennan, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:
WHEREAS, the Treasurer wishes to open both sides of the General Fund budget to cover the cost of operating expenses, amending the 2004-2005 General Fund budget effecting the accounts listed in the attached schedules;
NOW THEREFORE be it resolved that the Village Treasurer amend the 2004-2005 General Fund budget to reflect these changes.

6.       CITIZEN PARTICIPATION – NON-AGENDA ITEMS:
Bob Wintermeier, 43 Radnor, asked if the records management system has the ability to scan & handle photos through OCR to various files.  Village Treasurer Zambrano replied that it is capable to do these and also will be able to keep up with growth over the years.  Trustee Steinberg added that this system is also being used by other County departments.  Trustee Wiegman added that this was largely recommended because the police department wants to have better communication between other record systems and have quicker look ups.


8.  APPROVAL OF MINUTES:
Trustee Kane made a motion to approve the minutes of the Regular Board Meeting held on June 20, 2005 as corrected.  Trustee Brennan seconded the motion.  The Board voted unanimous approval.

9. REPORTS:
Village Manager Herbek had no report as he has been on vacation.

Village Treasurer Zambrano reported that collection of the taxes ended 6/30/05; a good percentage was collected; taxes collected now must be paid with a penalty.  He added that the conversion of the muni-system is going well.

Trustee Wiegman reported that they received a letter from a number of groups regarding the fact that the federal government has stopped enforcing clean water act protection for local wetlands; communities were asked to write to their legislators on this matter; he asked that this be referred to the Village’s appropriate advisory boards-the WCC/ CAC /WAC to collaborate on behalf of the Village.  Trustee Wiegman added that, regarding the Katz property on Maple St. whereby a suit was filed against the Village, please have an update at the next board meeting from the insurance attorneys.  He stated that the National Youth Rights Assoc. request was very interesting; he suggested people take a look at their web site www.youthrights.org as it is very informative.  He took an informal poll at his house and there was a unanimous support for lowering the voting age.

Trustee Kane stated that he also took a personal poll within his family and they felt that the voting age should be lowered.  Trustee Kane added that the cancellation of the jazz concert at Croton Point Park was very disappointing and it caused mass confusion; he asked if there is any further information.  Village Manager Herbek answered that he spoke with Dan McBride, Chief of Operations, Westchester County Parks Dept., who said that the promoter had funding issues.  Mayor Schmidt added that this is also a good reason to review who uses the parking lot.

Trustee Steinberg – no report

Trustee Brennan agreed that the National Youth Rights Association is interesting and admirable; anyone before the age of 18 can get involved.  Trustee Brennan, regarding Metro Enviro, stated that what helped also was the brief written by Donna Gilberto, a member of the NYCOM staff.  Trustee Brennan suggested that every 2 wks, an update should be done on the Harmon area water replacement project.  Trustee Brennan gave the first update.  

Mayor Schmidt reported that a lifeguard, Ryan Reardon, did a rescue at Silver Lake; he was commended for doing his job and doing it well.  Mayor Schmidt reported also from time to time, vacancies do come up on boards in the Village and if anyone is interested, please send a resume to the Village Office.

Trustee Brennan made a motion to adjourn.  Trustee Wiegman seconded the motion; approved unanimously.  The meeting was adjourned at 9:00 p.m.


Respectfully submitted,

Phyllis A. Bradbury
Phyllis A. Bradbury, Secretary




Village Clerk