Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, November 6, 2006 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.
The following officials were present:
Village Manager Herbek
1. CALL TO ORDER:
Mayor Schmidt called the meeting to order at 8:05 p.m.
2. APPROVAL OF VOUCHERS:
Trustee Gallelli made a motion to approve the vouchers as follows, subject to review by the Audit Committee. The motion was seconded by Trustee Wiegman and approved unanimously.
Trust & Agency
3. CORRESPONDENCE: Village Manager Herbek read the following correspondence (full text available at the Village Office):
a) A letter from Ann Lindau, Co-Chair, Town of Cortlandt Economic Challenge Committee offering the opportunity to air the Cortlandt programs on Croton’s government cable channel.
b ) A letter from Linda Puglisi, Cortlandt Town Supervisor, with an update on the progress of the review, evaluation and enhancement of the local Indian Point Evacuation Plan.
c) A letter from Scott Orecky, Riverview Trail, extending his gratitude for the prompt, professional response of the Croton Fire Dept. to a toxic spill at the north shore of Croton Point Park.
d) An e-mail from Maria Cudequest, asking about the $25,000 escrow that was to be posted by REGUS NIR. Village Manager Herbek replied that he has called Attorney David Steinmetz on several occasions regarding the payment.
e) A communication from Kathleen Burleson, Town of Cortlandt, stating that their department. has installed the “No Parking This Side” road signs on Quaker Bridge Road.
4. .CITIZEN PARTICIPATION-Agenda Items
a) On motion of TRUSTEE Kane, seconded by TRUSTEE Wiegman, 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 Certified Electrical Inspections 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 approve Certified Electrical Inspections, Inc. of Amityville, NY to be one of the official electrical inspectors for the Village of Croton on Hudson.
Discussion: Trustee Brennan said that he noticed this firm is out of Amityville and asked if they have someone local on call. Village Engineer O’Connor replied that they are coming into the area. Trustee Gallelli asked how many electrical inspectors we have on the list. Village Engineer O’Connor replied that this makes five.
b) 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, the contract with Water Systems Management, Inc., providing for the services of Jan Wines, has expired; and
WHEREAS, the contract calls for Jan Wines to assist the Village Engineer with the management of water infrastructure projects; and
WHEREAS, the Harmon Water Main Project has expanded to include Wayne and Clinton Streets; and
WHEREAS, this project is not expected to be completed until the summer or fall of 2007; and
NOW, THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the contract with Water Systems Management Inc. for the period between October 18, 2006 and October 17, 2007 for the purpose of providing assistance with water infrastructure projects.
c) 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, Genette Toone was appointed Deputy Treasurer on April 18, 2005, to fill the vacancy due to the retirement of Carmen Smith; and
WHEREAS, Village Clerk, Peggy Keesler, expects to retire in July, 2007, and Village Manager Herbek would like to reassign various duties within the staff in order to prepare for Peggy’s retirement;
NOW, THEREFORE BE IT RESOLVED: that Genette Toone is hereby appointed Deputy Village Clerk, effective November 7, 2006, and will assume some of the Clerk duties as of this date.
d) On motion of TRUSTEE Brennan, seconded by TRUSTEE Wiegman, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:
WHEREAS, on March 6, 2006 the Village Board of Trustees adopted Local Law No. 3 of 2006 increasing the income level for partial real estate tax exemptions for persons sixty-five years of age and older; and
WHEREAS, this Local Law was scheduled to take effect January 1, 2007; and
WHEREAS, the state has now increased the allowable income level for partial real estate tax exemptions for persons sixty-five years of age and older; and
WHEREAS, Local Law Introductory No. 9 of 2006 has been drafted reflecting the new allowable income levels,
NOW, THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby calls for a Public Hearing on November 20, 2006 at 8pm in the Stanley H. Kellerhouse Municipal Building to consider Local Law Introductory No. 9 of 2006 increasing the income level for partial real estate tax exemptions for persons sixty-five years of age or older.
e) 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, on September 2, 2006 thousands of Westchester residents throughout Westchester County were left without power as a result of a storm; and
WHEREAS, many residents were out of power for more than four days; and
WHEREAS, this is not the first time this year that Con Edison customers have been without power after a storm; and
WHEREAS, placing power lines underground might reduce the possibility of outages since trees that have come down frequently cause these outages; and
WHEREAS, a feasibility study of placing power lines underground should also explore phasing in this approach over a period of time; and
WHEREAS, assuming that climate change will result in increasingly volatile weather, meaning more damaging storms, the costs of responding to storms will continue to increase and the benefit of undergrounding could become more favorable; and
WHEREAS, there are other benefits to this approach such as saving trees, decreasing certain types of maintenance expenses, decreasing insurance premiums, fewer business losses, and improving visual aesthetics,
NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees calls for Con Edison to conduct a study of the feasibility and costs of placing power lines underground,
AND BE IT FURTHER RESOLVED: that a copy of this resolution be sent to the Vice President of Con Edison, Electric Operations at 511 Fremd Avenue, Rye, NY 10580, to the Public Service Commission and to the members of the Westchester delegation to the New York State Legislature.
f) Trustee Brennan submitted the following bond resolution and moved for its adoption. The
motion was seconded by Trustee Gallelli. The Board of Trustees of the Village was polled. The motion was adopted by a vote of 5 affirmative votes (being at least two_thirds of the voting strength of the Board of Trustees of the Village) with 0 negative votes and 0 votes absent.
BOND RESOLUTION, DATED NOVEMBER 6, 2006, AUTHORIZING THE ISSUANCE OF UP TO $150,000 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 AND reconstruction OF IMPROVEMENTS TO THE VILLAGE’S WATER SUPPLY SYSTEM.
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 and reconstruction of improvements to the Village’s water supply system, 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 $150,000, 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 $150,000, pursuant to the Local Finance Law, in order to finance the costs of the acquisition and reconstruction of improvements to the Village’s water supply system, 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 costs of the Project are not to exceed $150,000; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from 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 maximum 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 subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness of the Project is forty (40) years. The serial bonds authorized herein shall have a maximum maturity of forty (40) years computed from the earlier of (a) the date of 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 Gazette and the Journal News, newspapers having a general circulation in the Village. The validity of the serial bonds authorized herein, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, may be contested only if such obligations are authorized for an object or purpose, or class of object or purpose, for which the Village is not authorized to expend money, or the provisions of law, which should have been complied with as of the
date of the publication of this bond resolution, 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 were 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 (collectively, 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 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.
7. CITIZEN PARTICIPATION – NON-AGENDA ITEMS:
a. Don Daubney, 45 Bungalow Rd., asked what is the present amount that has been spent negotiating with the leasees of 1A Croton Point Ave. Trustee Brennan responded that he would like an up to date report at each meeting from the Village Treasurer, who oversees the funds and pays the bills, on how much has been spent on the negotiations to this point on the 1A Croton Point Ave. site. Village Manager Herbek stated that doing these kinds of reports takes time. Treasurer Zambrano asked what exact detail is being asked for. Mr. Daubney replied that he was wondering if there is a sum of money attached to that piece of property. Trustee Gallelli replied that this month or the most recent month , the legal bills for 1A Croton Point Ave. were a total of
$39,965.41 from 3 legal entities; all the work in that amount was for drafting briefs, research, discussions, responding to motions on several different levels. Mayor Schmidt added that money is being spent on different levels; he doesn’t think it is appropriate to go back and pick apart all the records to see where the money was spent, but perhaps the Treasurer could do a monthly breakdown going forward. Trustee Gallelli added that with the addition of the $39,965. this month, the money spent this fiscal year starting on June 1, 2006, brings the amount to $287,200.23; for the calendar year it comes to $371,025.
Mr. Daubney stated that he received a disturbing email today which informed him of an entry into the Croton Blog regarding the Community Center; the need for a Community Center has been in the forefront for at least 10 years; the committee has met on a fairly regular basis and has developed a survey which went out in the last Village Newsletter. He added that the blog entry was anonymous and extremely critical of the efforts made so far by the committee, it takes on a political stance, raises questions about parts of the survey, makes presumptions and closes with the statement “Croton suggests that we go to the whole hog and build it as a replica of the Taj Mahal of India that will truly put Croton on the map and just assuredly put it on the road to the poorhouse”. Mr. Daubney asked people to
please respond to the survey and be able to move forward to the community center and disregard things such as the blog. Mayor Schmidt agreed that this was a nasty entry to the blog in criticism of a group of people working hard on this committee and it is unfortunate when these things happen.
b. Joanne Minnett, 5 Van Cortland Place, stated that she has completed her survey and added that it is terrific to see the Community Center finally happening; she has heard about plans for this since she moved to Croton, but nothing about it being done; she thanked Trustee Brennan for moving this forward.
8. APPROVAL OF MINUTES:
Trustee Brennan made a motion to approve the minutes of the Regular Board Meeting held on October 16, 2006 as corrected. Trustee Kane seconded the motion. The Board voted unanimous approval.
Trustee Gallelli made a motion to approve the minutes of the Special Board Meeting held on October 30, 2006. Trustee Brennan seconded the motion. The Board voted unanimous approval.
Village Manager Herbek reported that residents have a choice of bagging leaves- bags can be picked up at the central garage free of charge- or raking leaves to the edge of the curb, not on the street, as quickly as possible; they will soon post the street schedule in the Village Newsletter. Mayor Schmidt encouraged people to bag their leaves, but if leaves are raked, please do not rake them near a stream or anywhere they will block water flow; if anyone sees leaves collecting in a stream bed, please rake them out. Village Manger Herbek added also keep on eye on catch basins; they need help from the community to keep these catch basins clear; also in the winter, please shovel snow from around fire hydrants. Village Manager Herbek reported on the Harmon Water Project; caps have been put on remaining
lines and the new water line is on its own system; the next process is the milling of the roads which will be done on Thursday and Friday, 11/9 and 10; they will not allow parking on several roads; letters have been sent out to residents of these streets asking them to find alternate locations for vehicles on those days; paving will take place approximately a week after the milling. He added that No Parking signs and the new emergency solar powered sign will also be used. Mayor Schmidt asked also that residents do not rake leaves to road islands. Village Manager Herbek reported that they recently had a presentation regarding coastal flooding problems in the parking lot; there were a number of conceptual
alternatives suggested; they have found out about the availability of a grant which will be applied for. He added that this is the beginning of a longer-term solution and evaluation; this will not happen overnight, it may be a number of years toward a possible solution.
Treasurer Zambrano reported that they will be reading water meters in the next couple of weeks; most residences have the radio-frequency reader, but they will still have to read the old meters manually; the next bills will be going out in December and will have the sewer rent charges included.
Trustee Brennan congratulated the High School Varsity football squad for being in the championship game; there was great attendance; kudos for all the athletes and coaches in the High School. Trustee Brennan reported that the Fund Balance incurred $830,000 to the good; he will report at the next meeting with more detail. Trustee Brennan added that at the work session last week they discussed the Inter-municipal agreement with the County for the fields and it may not be profitable to continue the agreement; they will keep an eye on that. Trustee Brennan stated that the Community Center survey should be the least partisan thing to deal with; it should not be tied in with politics; everyone was invited to attend any meeting and give input; they are just trying to gather information from
residents to see where to go with this; please do not pay attention to these blog statements. Referring to the lawyer fee bills for 1A Croton Point Ave.; he just wants to get a running total from the Treasurer; they need to know where these numbers sit and this should come from the Treasurer; Trustees can report separately any time they want. Village Manager Herbek replied that this is not that clear cut; they need to take a look at the billing hours; it is not that clear to go back 6 months and say how many hours are related to negotiations. Mayor Schmidt suggested that the attorneys should be asked to specify in their bills which portion of the bill is for negotiations. Trustee Brennan asked to go back and ask the
attorneys which portion of the past bills were for negotiations; he has a right to ask for these as a Trustee of the Village. Trustee Brennan reminded everyone that tomorrow is Election Day; please come out and vote for your candidate.
Trustee Gallelli encouraged everyone get out to the polls and vote tomorrow. Trustee Gallelli reported that the Croton Caring Committee had a wonderful celebration for their 25th Anniversary; it was a successful occasion and offered congratulations to them. She reported also that the Bicycle–Pedestrian Committee had a public outreach session in September and have been meeting and drawing up results; they will have a report available on the Croton web site; another public session will be held after the first of the year. Trustee Gallelli reported that the Village has become a seller on E-bay; go to ebay.com and look at Villageofcrotononhudson as seller; they are selling skate park equipment right now; this is a new idea that is being pursued as a possible way to sell old equipment.
Trustee Kane reminded everyone that Veterans’ Day is Saturday and a ceremony will be held at 11 am at Veterans Corners. Trustee Kane reported that the Croton River Compact Committee is meeting on Thursday November 16th.
Trustee Wiegman reported statistics of the impact of the war in Iraq and Afghanistan; 1 million troops served in Iraq; injuries, approx 20,000; severe injuries,7,000, 250,000 new beneficiaries added to rolls with a back log of 400,000 claims in the VA, unstable oil prices 450 billion dollars; money spent in Iraq and Afghanistan would have been able to hire 1 million new school teachers for 5 years; could build one new school for every 30,000 persons in the US; estimated cost of health care items and future oil impacts to be 2 trillion dollars. He added that there are serious consequences each day the US is in places like Iraq. Trustee Wiegman reminded everyone that the polling places are the distributed polling places, not all in the Municipal building; the list is in the Village newsletter.
Mayor Schmidt reported that the elections are in regular polling places. He also reported that the Croton Caring Committee’s 25th Anniversary was very well attended; they do quite a job for the needy of the Village; members of the entire organization should be complimented; He added that this Saturday, 11/11, is the Veteran’s Day remembrance. On November 5th he attended a dinner for Columbia Hook & Ladder Co. where they honored members with 50+ years of service. Mayor Schmidt gave thanks to all for their service to Croton.
Trustee Brennan made a motion to adjourn. Trustee Gallelli seconded the motion; approved unanimously. The meeting was adjourned at 9:15 p.m.
Phyllis A. Bradbury
Phyllis A. Bradbury, Secretary