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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 July 24, 2006
Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, July 24, 2006 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY.

The following officials were present:


Mayor Schmidt
Trustee Brennan
Trustee Kane
Trustee Gallelli
Attorney Staudt
Manager Herbek
Treasurer Zambrano
Absent:  Trustee Wiegman
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 introduced and welcomed James Staudt, the Village's new Attorney and thanked the Board for working through this process.

2. APPROVAL OF VOUCHERS:
Trustee Gallelli made a motion to approve the vouchers as follows; the motion was seconded by Trustee Kane and approved unanimously.

General Fund
$   118,666.45
Water Fund
        8,338.75
Capital Acct.
            -
Trust Fund
           182.00
Debit Fund
            -
Sewer Fund
            -
Total
$   127.187.20


Mayor Schmidt appointed Doug Olcott to the vacancy on the Zoning Board.  Mayor Schmidt advised that Mr. Olcott obtained a Master of Science in Urban Planning from Columbia University and holds a Bachelor in Geography and Urban Studies from Colgate University  

3. CORRESPONDENCE

A..     Letter from Ruth Pierpont, Director of Historic Preservation of the New York State Office of Parks and Recreation and Historic Preservation dated June 26, 2006 advising that St. Augustine's Episcopal Church on Old Post Road North has been nominated to the National Register of Historic Places and that this nomination will be forwarded to the Keeper of the National Register in Washington, D.C.

B.      Letter from Jeff Zappieri of the State of New York Department of State, dated June 27, 2006 advising that the Division of Coastal Resources is in the process of proposing new and modified rules for the existing consistency processes which would result in certain changes to the current regulations of 19 NYCRR Parts 600-603.

C.      Letter from Walter S. Gillis, dated July 17, 2006 advising of the 26th Annual Harry Chapin Memorial Run Against Hunger.

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

        Resolution by the Board of Trustees approving the request from the Harry Chapin Memorial Run against Hunger to hold their Twenty-Sixth (26) annual run on October 15, 2006 as detailed in their letter dated July 17, 2006 subject to making the necessary arrangements with Village Manager Richard Herbek.


D.      E-Mail from Maria Cudequest dated July 17, 2006 regarding the conditions on the Croton River this summer with respect to increased garbage, graffiti, and vandalism and requesting that the Village increase their patrol of this area.

Mayor Schmidt said that the Village has done so and it has been very successful.  Mayor Schmidt stated that the Village will continue to be very vigilant.

Trustee Kane said that there has been a noticeable change and our Police Department is doing a fantastic job enforcing a lot of those issues that have been brought to our attention.  


E.      Letter from Joe Biber, Chair of the Conservation Advisory Council advising that the Conservation Advisory Council has met and they support the alternative site of the proposed cell tower to the area south of the DPW garage.





F.      Letter from Robert D. Gaudioso from the Law Office of Snyder & Snyder, representing Nextel of New York dated July 17, 2006 and addressed to the Planning Board regarding their Special Permit Application.

G.      Letter from Mary Ann Roberts, Village/Town Clerk, of Ossining dated July 10, 2006 advising of a Public Hearing to be held on August 1, 2006 regarding a Local Law to Adopt the Westchester County Greenway Compact Plan.

4. CITIZEN PARTICIPATION - AGENDA ITEMS - None

5. RESOLUTIONS

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

WHEREAS, the Village Engineering department would like to increase the number of approved electrical inspectors that can conduct inspections within the Village of Croton on Hudson; and

WHEREAS, the Village Engineering department has received a proposal from Westchester Rockland Electrical Inspection Services Inc. to perform electrical inspections within the Village of Croton on Hudson; and

WHEREAS, the Village Engineer has reviewed this proposal and recommends that the Village Board approve this application; and

WHEREAS, all electrical inspectors must be approved by the Village Board of Trustees in accordance with Section 113-6 of the Village Code,

NOW, THEREFORE BE IT RESOLVED:  that the Village Board of Trustees hereby approves Westchester Rockland Electrical Inspection Services Inc. to be one of the official electrical inspectors for the Village of Croton on Hudson.
Village Engineer, Dan O'Connor advised that this will give quicker service to the residents.  


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:  



RESOLUTION URGING THE NEW YORK STATE LEGISLATURE TO ENACT THE NUCLEAR EMERGENCY PREPAREDNESS REIMBURSEMENT BILL (A.2099/S.241)

WHEREAS, local government and other public entities bear much of the cost of developing and implementing the emergency preparedness plans for the six nuclear reactors operating in the state; and

WHEREAS, preparedness includes such tasks as creating evacuation plans, training personnel, and installing and maintaining equipment to measure radiation; and

WHEREAS, the proposed legislation would require the operators of nuclear facilities to pay fees that cover the total costs for maintaining emergency preparedness, as determined by the Public Service Commission, and

WHEREAS, A.2099/S.241 would amend the public service law to direct the State Public Service Commission to determine the costs imposed on local and state governments for maintaining preparedness for radiological emergencies at nuclear electric generating facilities; and

WHEREAS, the bill would establish a fund, consisting of fees paid by the licensed owners of the nuclear generating facilities, that would reimburse these public entities for the expense of being prepared for nuclear incidents,

NOW THEREFORE BE IT RESOLVED: that the Village of Croton on Hudson does hereby urge state lawmakers to enact A.2099/S.241, which would ensure that nuclear facilities pay the costs incurred by municipalities to stay prepared for potential contamination,

AND BE IT FURTHER RESOLVED that copies of this resolution be sent to Governor George Pataki, Senate Majority Leader Joseph Bruno, Assembly Speaker Sheldon Silver, Assemblywoman Sandra Galef and Senator Liebell, and the Grace Policy Institute.



On motion of TRUSTEE KANE, 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, Section 230-174 of the Village Zoning Code refers to a penalty of $250 for violations of Section 230; and

WHEREAS, the Village Board of Trustees prefers to have all fees set by resolution; and

WHEREAS, Local Law Introductory No. 8 of 2006 has been drafted and this law requires that the penalty for violations to the Zoning Chapter be set by Board of Trustee resolution,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby calls for a public hearing at 8pm on August 14, 2006 to consider Local Law Introductory No 8 of 2006.




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

        WHEREAS, the Police Department is experiencing numerous citizen complaints regarding trespassing, noise, litter and graffiti among others, in the Croton River area, and

        WHEREAS, the Village has met with  representatives from the Town of Cortlandt to join forces to address the increasing number of complaints by citizens about trespassing, noise, litter and graffiti among others, and

        WHEREAS, the Town of Cortlandt has agreed to contribute $10,000 to help reduce the cost of patrolling the Croton River, and

        WHEREAS, the Croton Police purchased a police patrol boat on an emergency basis in order to address the increasing number of violations in and along the banks of the Croton River within the Village, and

        NOW THEREFORE BE IT RESOLVED: that the Village Board ratifies the emergency purchase of a police patrol boat from Buster’s Marine Services, Inc. for the use of the Croton Police Department to patrol the Croton River.    

AND BE IT FURHTER RESOLVED: that the purchase price of the police patrol boat in the amount of $18,500.00 be charged to account number A3120.2000.

AND BE IT FURTHER RESOLVED:  that the Village Treasurer is authorized to transfer $18,500.00 out of the contingency account number A1990.4000 to account number A3120.2000.
        Trustee Kane thanked the Town Board of Cortlandt and Linda Puglisi, Town Supervisor of the Town of Cortlandt for their $10,000 donation toward this enforcement effort.  Trustee Kane also thanked the Croton Police Department for the great job they are doing.

        Mayor Schmidt said that he hopes that the Town Board will continue to help the Village with the expenses in monitoring the Croton River.

        Trustee Gallelli said that after taking a trip with Trustee Kane, this boat is a much needed piece of equipment for our Police Department if we are to continue our presence on the river.

        
        On motion of TRUSTEE GALLELLI, 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, David Steinmetz of Zarin & Steinmetz has submitted an application on behalf of Northeast Interchange Railway, LLC (NIR) for a Special Permit to operate a construction and demolition debris processing facility, on property owned by GREENTREE REALTY LLC; and

WHEREAS, said property is located at 1A Croton Point Avenue in the Village and listed on the tax maps as sections 78.16-2-1 and 78.16-2-2; and

WHEREAS, said property is located in an “LI” Light Industrial Zone; and

WHEREAS, on April 27, 2006 Judge Nicolai issued a decision stating that NIR was enjoined from operating a transfer station at 1A Croton Point Avenue without first obtaining a special permit in accordance with the Village’s zoning code; and

WHEREAS, NIR has received a license from the Westchester County Solid Waste Commission and a permit from the NYS DEC to operate a C&D debris processing facility at 1A Croton Point Avenue; and

WHEREAS, in accordance with the requirements of the State Environmental Quality Review Act, the Village Board must make a determination as to the Environmental Impact of this proposed action; and

WHEREAS, the establishment of Lead Agency is the first step with respect to the environmental process; and

WHEREAS, Part I of a Full Environmental Assessment Form has been completed and submitted to this Board by Zarin & Steinmetz; and

WHEREAS, there are no other involved agencies, and coordinated review is not required,

NOW, THEREFORE BE IT RESOLVED, that the Village Board of Trustees of the Village of Croton-on-Hudson declares itself Lead Agency for the aforementioned Special Permit application process, and

BE IT FURTHER RESOLVED, that the Village Board of Trustees declares this an unlisted action; and

BE IT FURTHER RESOLVED, that a Notice of Designation of Lead Agency and Part 1 of the EAF be circulated to all interested agencies and the applicant.  


Trustee Gallelli 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 four (4) affirmative votes (being at least two_thirds of the voting strength of the Board of Trustees of the Village) with no negative votes and one (1) vote absent

BOND RESOLUTION, DATED JULY 24, 2006, AUTHORIZING THE ISSUANCE OF UP TO $255,000 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 ACQUISITION, construction AND reconstruction OF STORM SEWER SYSTEM improvements 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 acquisition, construction and reconstruction of storm sewer improvements in and for the Village, including the acquisition of any applicable equipment, machinery, apparatus, land and rights-in-land necessary therefore and any preliminary and incidental costs related thereto, at a total estimated cost not to exceed $255,000, all in accordance with the Local Finance Law;

        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/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, in the aggregate principal amount not to exceed $255,000, pursuant to the Local Finance Law, in order to finance the costs of the acquisition, construction and reconstruction of storm sewer improvements in and for the Village, including the acquisition of any applicable equipment, machinery, apparatus, land and rights-in-land necessary therefore 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 costs of the Project are not to exceed $255,000; (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 of bond anticipation notes issued in anticipation of the issuance of such serial bonds; (d) the maturity of such serial bonds authorized herein shall be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any costs in connection with the Project for which the 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 a specific object or purpose, or of a class of object or purpose, as described in subdivisions 4 and 51 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 issuance of such serial bonds, or (b) the date of issuance of the first 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 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 to have imprinted a facsimile thereof) 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 are hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due.

        Section 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 at the date of the publication of this bond resolution, or such summary thereof, were 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 the serial bonds authorized herein, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds (the “obligations”), 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 any serial bonds authorized and 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 Board of Trustees of the Village.

        Section 9.      For the benefit of the holders and beneficial owners from time to time of the serial bonds authorized herein, and of 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 (the “Rule”) promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934, 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 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 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.



Trustee Gallelli 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 four (4) affirmative votes (being at least two_thirds of the voting strength of the Board of Trustees of the Village) with no negative votes and one (1) vote absent.


BOND RESOLUTION, DATED JULY 24, 2006, AUTHORIZING THE ISSUANCE OF UP TO $149,900 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 VILLAGE sidewalks and curbs, (II) THE ACQUISITION OF boats for the VILLAGE fire department AND (III) THE acquisition of an automated fingerprinting 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 (i) the construction and reconstruction of Village sidewalks and curbs ($76,500), (ii) the acquisition of boats for the Village Fire Department ($41,800), and (iii) the acquisition of an automated fingerprinting system for the Village Police Department ($31,600), including the acquisition of any applicable equipment, machinery, apparatus, land and rights-in-land necessary therefore and any preliminary and incidental costs related thereto, at a total estimated cost not to exceed $149,900, all in accordance with the Local Finance Law;

        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/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, in the aggregate principal amount not to exceed $149,900, 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 classes 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, and/or of bond anticipation notes issued in anticipation of the issuance of such serial bonds, authorized for such specific objects or purposes, and the period of probable usefulness of such specific objects or purposes, or classes 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 Village sidewalks and curbs, including the acquisition of any applicable equipment, machinery, apparatus, land and rights-in-land necessary therefore and any preliminary and incidental costs related thereto, at an estimated maximum cost of $76,500 for which $76,500 principal amount of serial bonds, and/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 ten (10) years pursuant to subdivision 24 of paragraph a of Section 11.00 of the Local Finance Law.  Such serial bonds shall have a maximum maturity of ten (10) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) 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 boats for the Village Fire Department, including any preliminary and incidental costs related thereto, at an estimated maximum cost of $41,800 for which $41,800 principal amount of serial bonds, and/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 ten (10) years pursuant to subdivision 26 of paragraph a of Section 11.00 of the Local Finance Law.  Such serial bonds shall have a maximum maturity of ten (10) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and

        (c)     The acquisition of an automated fingerprinting system for the Village Police Department, including any preliminary and incidental costs related thereto, at an estimated maximum cost of $31,600 for which $31,600 principal amount of serial bonds, and/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 ten (10) years pursuant to subdivision 25 of paragraph a of Section 11.00 of the Local Finance Law.  Such serial bonds shall have a maximum maturity of ten (10) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) 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 costs of the Project are not to exceed $149,900; (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 of bond anticipation notes issued in anticipation of the issuance of such serial bonds; (d) the maturity of such serial bonds authorized herein shall be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any costs in connection with the Project for which the 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 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 to have imprinted a facsimile thereof) 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 are hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due.

        Section 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 at the date of the publication of this bond resolution, or such summary thereof, were 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 the serial bonds authorized herein, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds (the “obligations”), 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 any serial bonds authorized and 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 Board of Trustees of the Village.

        Section 9.      For the benefit of the holders and beneficial owners from time to time of the serial bonds authorized herein, and of 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 (the “Rule”) promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934, 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 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 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.



        Trustee Brennan 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 four (4) affirmative votes (being at least two_thirds of the voting strength of the Board of Trustees of the Village) with no negative votes and one (1) vote absent.

BOND RESOLUTION, DATED JULY 24, 2006, AUTHORIZING THE ISSUANCE OF UP TO $860,900 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 VILLAGE ROADS, (II) THE ACQUISITION OF MACHINERY AND APPARATUS FOR CONSTRUCTION AND MAINTENANCE AND (III) THE acquisition, CONSTRUCTION and RECONSTRUCTION OF PARK IMPROVEMENTS, each 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 Village roads ($51,000), (ii) the acquisition of machinery and apparatus for construction and maintenance ($152,000), and (iii) the acquisition, construction and reconstruction of park improvements ($647,900), all in and for the Village, including the acquisition of any applicable equipment, machinery, apparatus, land and rights-in-land necessary therefore and any preliminary and incidental costs related thereto, at a total estimated cost not to exceed $860,900, all in accordance with the Local Finance Law;

        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/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, in the aggregate principal amount not to exceed $860,900, 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 classes 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, and/or of bond anticipation notes issued in anticipation of the issuance of such serial bonds, authorized for such specific objects or purposes, and the period of probable usefulness of such specific objects or purposes, or classes 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 Village roads, including the acquisition of any applicable equipment, machinery, apparatus, land and rights-in-land necessary therefore and any preliminary and incidental costs related thereto, at an estimated maximum cost of $51,000 for which $51,000 principal amount of serial bonds, and/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 machinery and apparatus for construction and maintenance for the Village, including any preliminary and incidental costs related thereto, at an estimated maximum cost of $152,000 for which $152,000 principal amount of serial bonds, and/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 acquisition, construction and reconstruction of park improvements in and for the Village, including the acquisition of any applicable equipment, machinery, apparatus, land and rights-in-land necessary therefore and any preliminary and incidental costs related thereto, at an estimated maximum cost of $657,900 for which $657,900 principal amount of serial bonds, and/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 costs of the Project are not to exceed $860,900; (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 of bond anticipation notes issued in anticipation of the issuance of such serial bonds; (d) the maturity of such serial bonds authorized herein shall be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any costs in connection with the Project for which the 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 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 to have imprinted a facsimile thereof) 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 are hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due.

        Section 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 at the date of the publication of this bond resolution, or such summary thereof, were 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 the serial bonds authorized herein, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds (the “obligations”), 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 any serial bonds authorized and 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 Board of Trustees of the Village.

        Section 9.      For the benefit of the holders and beneficial owners from time to time of the serial bonds authorized herein, and of 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 (the “Rule”) promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934, 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 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 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.



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

WHEREAS, Elliott Way between Senasqua Park and Croton Landing is extremely narrow and is subject to flooding; and



WHEREAS, the closing of the at-grade crossing has resulted in much more vehicular traffic on this portion of the road; and

WHEREAS, McLaren Engineering has provided the Village with a proposal for preliminary roadway design of this portion of the road; and

WHEREAS, this project was approved as part of the 2006-07 capital budget,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the proposal from McLaren Engineering Group for $50,000 for a right-of-way survey, and conceptual design for the proposed improvements to Elliott Way.

        Trustee Gallelli suggested that when McLaren gets to Phase 2 or at the end of Phase 1 that the Bicycle Pedestrian Committee be advised of that and offer them an opportunity to look at the project and make suggestions.

        
7.  CITIZEN PARTICIPATION  - None

8.  APPROVAL OF MINUTES:

Approval of June 19, 2006 minutes

Mayor Schmidt stated that he would like the minutes to read that item #1 was a consensus of the Board and that item #2 is indicated as a majority of the Board and to further remove the quotations around listening session.

Trustee Gallelli said that she would like to make a counter-offer on the wording and suggested that we replace that partial sentence with the following wording: "the discussion lead to an understanding that the following would occur:" following with items 1 and 2.

Trustee Kane said that he was agreeable with Trustee Gallelli's change.

Mayor Schmidt said that this really does not explain what happened at the meeting since two members opted to go in one direction and two members opted to go in another direction and then it was left up to the third member to make the decision.

Trustee Brennan said that it felt like a vote.

Mayor Schmidt said that it really was not a vote but more of a consensus and the majority of the Board felt it was agreeable to authorize the Village Manager and Special Counsel to meet with Andrea Grusom.


Trustee Kane said that he felt that Trustee Gallelli's change was more than reasonable.

After further thought on the changes made by Trustee Gallelli, Mayor Schmidt said that he would agree with the changes.


Trustee Gallelli made a motion to approve the minutes of the Special Meeting held on June 19, 2006 as amended.  Trustee Kane seconded the motion. The Board voted to unanimously to approve the minutes.


Trustee Gallelli made a motion to approve the minutes of the Special Meeting held on July 17, 2006 as amended.  Trustee Kane seconded the motion.  The Board voted unanimously to approve the minutes.

Trustee Kane made a motion to approve the minutes of the Regular Board Meeting held on July 10, 2006 as amended.  Trustee Brennan seconded the motion. The Board voted unanimously to approve the minutes.


9.   REPORTS

Trustee Kane advised that he formed a Croton River Compact Committee to examine issued relating to the Croton River and has enlisted the help of Ann Lindau, Town Councilperson of the Town of Cortlandt.  Trustee Kane stated that Ms. Lindau will serve as a liaison to the Committee and hopes to be able to report back to the Village Board and Town Board on issues relating to the Croton River.  Trustee Kane said that their goal is to put together a management plan for the whole area to include the Town of New Castle and Town of Ossining.
Trustee Gallelli advised that the Recreation Department is now accepting reservations for the Croton Point Fields.  Trustee Gallelli advised that letters have been sent to all teams, but encouraged anyone to please contact the Recreation Department if they would like to make a reservation for field use.  Trustee Gallelli advised that the summer programs at Senasqua are going very well, the bands, performances and movies are being well received.  Trustee Gallelli advised that the 1A Croton Avenue litigation summary that was prepared by the Board and Special Counsel has been put on the web-site for the public's review. Trustee Gallelli said that she was one of the lucky attendees to see a marvelous performance of Grease sponsored by the Croton Teen Theater and the Croton Council on the Arts.  
Trustee Brennan reminded everyone that on August 8 the Community Center Meeting will be held at 7:30pm and advised that if anyone is interested to please attend.


Mayor Schmidt advised that he attended a Millennium celebration party put together by Danny Glazer and Karen Wells in the Town of Cortlandt.  Mayor Schmidt said that it took a lot of effort to keep the Pipe Line from going through this area and Croton by far spent the most amount of money defending this.   Mayor Schmidt stated that Croton would have had the most serious impact from it and thanked everyone who participated in this fight.   Mayor Schmidt advised that the Village has listed all the litigation on the web-site with respect 1A Croton Avenue issue and stated that he pledges to continue this battle because it is an important battle that will define this Village.  Mayor Schmidt said that he understands this has cost and will continue to cost the Village a lot of money but asked the public to please understand that the money we will be well spent to make sure that this community maintains its character.
There being no further comments to come before the Board, a motion to adjourn the meeting was made by Trustee Brennan and seconded by Trustee Kane, approved unanimously.  The meeting adjourned at 9:05pm.

_________________________
Peggy Keesler, Village Clerk