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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 May 7, 2007
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, May 7, 2007 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.

The following officials were present:

Mayor Schmidt
Trustee Brennan
Village Manager Herbek
Trustee Gallelli
Village Attorney Staudt
Trustee Kane
Treasurer Zambrano
Trustee Konig

1. CALL TO ORDER:
Mayor Schmidt called the meeting to order at 8:00 p.m.

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


General Fund
$120,378.29
Water Fund
16,363.00
Sewer Fund
239.43
Capital Accounts
25,728.18
Trust & Agency
12,466.16
$175,175.06

3.      CORRESPONDENCE:
Village Manager Herbek read the following correspondence (full text available at the Village Office):
a)      A letter from Andy Spano regarding the Hudson-Fulton Quadricentennial which will be held between July 4th and October 4th, 2009 with a series of public festivals, events and programs. Village Manager Herbek stated that the Village’s Historical Society and the Village Historian have been attending these meetings; if anyone is interested in chairing this event and to coordinate events, perhaps with the school, please give a call.
b)      A letter from the NYS Dept of Environmental Conservation referencing the Village’s participation in the National Flood Insurance Program; after review of the local floodplain management regulations on file from 1987, they recommend replacement of the existing floodplain management regulations with the repeal of the existing Local law and the enactment of the enclosed new model Local Law.  Village Manager Herbek explained that there are sections that need some things added; he will bring the updated recommendations back to the Board and will have Public Hearing; it is important to maintain a status in the program; it is up to the staff to fill in areas pertinent to the Village and bring back to the Board.  Trustee Kane stated that there is a discount program available for those who are in the flood plane and Dan O’Connor has the eligible locations.
c)      A letter from Lorna Snipe, Contracts Manager, Westchester County Dept. of Planning, regarding the scoping session held on February 28, 2007 on the High St. Infrastructure Improvements; it will be a challenge to get this done, but a welcome addition.
d)      A letter from NYS Governor Eliot Spitzer, regarding the new Commission on Local Government Efficiency and Competitiveness.  Village Manager Herbek stated that in the listing of the members of the commission, Al DelBello is the appointee from the Westchester area.  Village Manager Herbek added that Westchester Municipal Officials Assn. will be working on this and the Village will be working with them.  Mayor Schmidt stated that the Village does a lot of things with the Town and the County. Trustee Gallelli stated that it looks like they are trying to break through some of the red tape that exists; she added that the Village is promoting the Croton Compact and IMA with the County; there are a lot of different rules and regulations; this may be one project to suggest.  Mayor Schmidt stated also the Croton Affordable Housing would be another project.
e)      A letter from David Steinmetz, Attorney, regarding 1A Croton Point Avenue and the application for re-issuance of the 1998 Special Permit. Village Attorney Staudt stated that there are significant legal issues about whether a new entity has the standing to step in mid-application; a determination needs to be made and needs more information about this applicant and the proposed operation; he has written a reply letter asking for this information and is expecting a response which will be then be addressed by the Village.  Trustee Brennan asked if they have the paid the $25,000.  Village Manager Herbek replied that no funds have been received yet.  Trustee Brennan noted that it appears EarthLine is applying for a permit they feel they do not need.
f)      A letter from Christine Selin, Chair, Westchester Global Warming Task Force, regarding an action plan to reduce greenhouse gas emissions; they would like to know any actions that have been taken by the Village and also asked the Village to complete the surveys and return by May 18th.  Mayor Schmidt stated that the Village has done a lot already and is constantly looking at how to cut back on energy usage.
g)      A memo from Paul & Sonia Kleinman, Elisa & Dan Berger, Jane & Jack McClung regarding swimming near Mayo’s landing.  Village Manager Herbek stated that this will be discussed at the next work session.
h)      A letter from Patrick Calcutti, Chair, Croton Central Veteran’s Committee, inviting board members to the 2007 Memorial Day ceremony, held on May 28th at 11:00 a.m. at the Croton Veterans’ Memorial Plot, Veterans’ Corners.  
i)      Emilie Spaulding, Cablevision, regarding broadcast and rate adjustments
j)      A letter from Nance Shatzkin regarding Symphony Knoll progress.  Ms. Shatzkin was present and stated that they are moving along; it is the hardest one she has tried to do, but is happy with the results.  She added that the funding process has the necessary components to get all pieces moving along; they are up to the point where most of the work is done to secure the funding; one more thing needed is a Public Hearing and getting in place syndication for purchase of the county bonds; however, the Town and Village need to make a commitment; they want to get all funding sources ready and have a closing to reimburse the Village for purchase of this property; she would like to have this letter out tomorrow to get the outdoor part of the building done before winter sets in.  Bob Wintermeir, 43 Radnor Ave. asked what do they mean by $1.00 a year in taxes for 20 years and who’s picking up the taxes?  Ms. Shatzkin replied that this property is not on tax rolls now; it is an agreement that any organization using IDA funds is eligible to have special tax arrangements.  Mr. Wintermeir asked why a 20 year period.  Ms. Shatzkin replied that this is for the protection of affordability of the units.  Mr. Wintermeir asked if those houses are rented or purchased, do these people not pay taxes to the Village?  Ms. Shatzkin replied that these are rentals; the rent money that is collected will be used to pay debt to erect the buildings, electricity and items to run the building.  Mayor Schmidt added that in 20 years some of the debt may be paid off and could be renegotiated at that time.  Trustee Brennan added that this is a trade-off to keep senior residents in the Village and give them an affordable housing.  Ms. Shatzkin stated that priority is always given to Croton residents whether it is a homeowner or a family member of a resident; it will also include an office for the Croton Housing Network which is an all-volunteer organization.  Trustee Gallelli stated that nothing is coming off the tax rolls from this action tonight-this has been going on for a long time and congratulations to the Housing Network for sticking it out.  Ms. Shatzkin stated that the Affordable Housing Board is going to outreach to the community to complete Symphony Knoll and they hope to bring some people in to work with them.    


CITIZEN PARTICIPATION-Agenda Items
a)      No one


RESOLUTIONS:
a)      On motion of TRUSTEE GALLELLI, 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, the New York Power Authority (NYPA) has provided the Village with a New Supplemental Electricity Supply Agreement; and

WHEREAS, the supplement modifies certain provisions in the existing agreement; and

WHEREAS, under the new agreement NYPA will pass through to Westchester Customers the actual costs of electricity through an Energy Charge Adjustment; and

WHEREAS, the Village must agree to purchase all of its electricity requirements from NYPA through December 31, 2008 with the right to supply part of its load with on-site/distributed generation; and

WHEREAS, the Village has the option to partially or completely terminate services from NYPA effective January 1, 2009; and

WHEREAS, the Village has the option to purchase physical renewable energy from either NYPA or a non-NYPA source,

NOW, THEREFORE BE IT RESOLVED:  that the Village Manager is hereby authorized to execute the New Supplemental Electricity Supply Agreement with the New York Power Authority for the years 2007 and 2008.
b)      On motion of TRUSTEE BRENNAN, seconded by TRUSTEE KANE, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:

WHEREAS, the Village and the Town of Cortlandt annually execute an agreement whereby the Village provides fire protection to the Mt. Airy/ Quaker Bridge Fire Protection District in the Town, and

WHEREAS, on January 23, 2007 the Town Board conducted a Public Hearing in regard to this proposed contract covering the period January 1, 2007 to December 31, 2007, and

WHEREAS, the agreement provides that the Fire Department will give fire protection to the Mt. Airy/ Quaker Bridge Fire Protection District at a total contract price to the Town of $262,916 with $52,583 to be paid to the Fire Council and the balance of $210,333 paid to the Village; and

WHEREAS, this is a decrease of $7,645 from the 2006 agreement,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the Agreement with the Town of Cortlandt whereby the Village will provide fire protection during 2007 to the Mt. Airy/ Quaker Bridge Fire Protection District at a total contract price of $262,916 with $52,583 to be paid to the Fire Council and the balance of $210,333 paid to the Village.

Discussion: this is a fire protection agreement with the Town Board; the formula worked out a little differently this year.  Trustee Gallelli asked what is happening with the Quaker Bridge repair.  Village Manager Herbek replied that they are trying to work out an arrangement with the City DEP to use the road over the dam for emergency equipment.  Mayor Schmidt added that the fire chief did mention that they have made contact with other municipalities to provide mutual aid; the City has been working on giving emergency access for some time.
c)      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, 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 recently completed a preliminary roadway design of this portion of the road; and

WHEREAS, the next step for this project is to obtain the necessary permits;

WHEREAS, McLaren Engineering has provided the Village with a proposal to provide engineering services for permit approval for this project,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the proposal from McLaren Engineering Group for $6,000 for a completed permit application for the proposed improvements to Elliott Way.

d)      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 Selective Traffic Enforcement Program (STEP) is a component of the Comprehensive Traffic Law Enforcement Program, targeting speeding and aggressive driving violations; and

WHEREAS, the STEP grant provides municipalities with the opportunity to prioritize local objectives by examining problem areas, numbers of injuries/fatalities and resources; and

WHEREAS, the overall goal of the program continues to be preventing unnecessary deaths, reduce crashes and injuries by enforcing the speed limit and other safe driving practices, increasing public awareness/education of car safety seat issues, increasing safe bicycling practices and helmet usage, and monitoring of school bus operations; and

WHEREAS, participation with this grant program authorizes the Village of Croton to spend $1,600 on overtime enforcement activity focusing on the following areas of traffic safety: speeding, seat belts and child car seat violations, bicycle safety/helmet use and violations involving motorists passing stopped school buses loading or unloading students,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the attached inter-municipal agreement with the County of Westchester for participation in the 2006-2007 STEP Grant for the period between October 1, 2006 and September 30, 2011.

e.      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, on December 4, 2006 the Village Board of Trustees approved the IMA with Westchester County which provided for Westchester County to reimburse the Village up to $1,750,000 for the completion of the Riverwalk Project; and

WHEREAS, $250,000 of the $1,750,000 is to be funded through a grant from the New York State Office of Parks, Recreation and Historic Preservation; and

WHEREAS, Westchester County is in the process of executing a contract with New York State for this grant; and

        WHEREAS, as owner of the property the Village must also approve this contract.

NOW, THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign as guarantor the contract between Westchester County and New York State.

Discussion: The Riverwalk Project is out to bid and bids are due back 5/25; they will need to be evaluated; then depending upon the contractor and how quickly he can mobilize, hopefully it will be started some time this summer.  Trustee Kane asked if the staff will be doing construction management.  Village Manager Herbek replied that Jim Hahn will be doing construction management for this project.  Trustee Gallelli stated that this resolution is only addressing the agreement with the County tonight for the Riverwalk grant money, not the total cost of the whole project; the total cost will be perhaps between $2.5 and $3 million.
f)      On motion of TRUSTEE KANE, seconded by TRUSTEE KONIG, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:

WHEREAS, the Department of Public Works has accumulated between 400 and 500 cubic yards of mixed clean fill which is currently located at the DPW Municipal Place site; and

WHEREAS, the mixed fill is a result of excavations in the road and consists of soil with blacktop and concrete mixed in; and

WHEREAS, the DPW does not have a need for this fill; and

WHEREAS, the Village would like to offer this fill at no cost to an individual or company that has enough dump trucks to relocate the fill as efficiently as possible; and

WHEREAS, the DPW has the manpower and equipment to load the trucks,

NOW, THEREFORE BE IT RESOLVED:  that the Village will offer the fill at no cost to an individual or company who is able to supply enough trucks at one time to enable the fill to be removed in an efficient and expeditious manner.
g)      On motion of Trustee GALLELLI, 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, following the major disaster declarations FEMA 1665-DR-NY (Lake Effect Snowstorm) and FEMA 1670-DR-NY (Severe Storms and Flooding) the State Emergency Management Office made funds available for mitigation projects under the Hazard Mitigation Grant Program, and

Whereas, the Village submitted a Letter of Intent to participate in the Hazard Mitigation Grant Program in February proposing a comprehensive mitigation project to reduce the impact of coastal flooding at the Croton-Harmon Train Station, and

Whereas, the State Emergency Management Office notified the Village that the proposed project appears to be eligible for funding consideration under the Hazard Mitigation Grant Program and encouraged the Village to complete the next step in the grant process, a detailed application, and
        
Whereas, the completion of the application, which includes specific project related information including a comprehensive project proposal and alternatives, detailed project drawings and a benefit/cost analysis, requires the assistance of an engineering firm, and

Whereas, Dvirka and Bartilucci is already preparing an engineering design report for the control of high water problems at the Croton-Harmon Train Station parking lot and is able to assist the Village with the technical aspects of the grant application,

NOW THEREFORE BE IT RESOLVED: that the Village Board ratifies the Village Manager’s signing of contract with Dvirka and Bartilucci Consulting Engineers dated April 27, 2007 to provide assistance related to the preparation of a SEMO grant application.
Discussion: Trustee Gallelli stated that if the Village could get this, it would provide money for an eventual flooding solution.  Trustee Brennan stated that the cost is $5,000.  Village Manager Herbek replied that it is just for manpower, no profit is built into the cost.
h)      On motion of TRUSTEE BRENNAN, seconded by TRUSTEE KANE, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:

WHEREAS, the Croton Point Landfill Joint Defense Group, which is comprised of industrial parties who entered a Consent Decree with the New York State Attorney General for the Croton Point Sanitary Landfill, is seeking a payment from Westchester County municipalities under the Comprehensive Environmental Response, Compensation and Liability Act of 1980; and

WHEREAS, in April 2006 the Village entered in agreements with the other Municipalities to form a Municipal Defense Group and entered into an agreement with Periconi, LLC to represent the Municipal Defense Group; and

WHEREAS, the first mediation session before Judge Connor is scheduled for May 9, 2007; and

WHEREAS, Periconi has asked for a second contribution from each municipality to prepare for the mediation process,

NOW, THEREFORE BE IT RESOLVED:  that the Village Board of Trustees authorizes the second payment to Periconi, Inc. in the amount of $5,050,

AND BE IT FURTHER RESOLVED:  that the amount of $5,050 as stated in the Joint Defense Agreement be charged to the law account # 1420-1100.Joint Defense Agreement –J
Discussion: Village Attorney Staudt stated that about 20+ other municipalities are included in the defense agreement.  Trustee Brennan stated that this is money paying for counsel for municipalities that used the landfill and is money well spent.  Trustee Kane agreed that it is money well spent.  Trustee Konig asked where they are in the litigation.  Village Attorney Staudt replied that the state sued several agencies and they now have the right to seek contribution from others who used the landfill, provided they can demonstrate that the companies paid more than their fair share; these lawsuits could cost multi-millions of dollars to try; the federal judge has agreed to conduct the mediation himself; briefs and written documents setting forth their positions have been submitted; on the 9th the first meeting will be held before the judge.
i)      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 _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 MAY 7, 2007, AUTHORIZING THE ISSUANCE OF UP TO $306,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF CROTON-ON-HUDSON, COUNTY OF WESTCHESTER, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE SETTLEMENT OF various TAX CERTIORARI CLAIMS AGAINST THE VILLAGE FOR ITS FISCAL YEAR 2006-07.

        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 settlement of various tax certiorari claims against the Village for its fiscal year 2006-07, including any preliminary and incidental costs related thereto, at a total estimated cost not to exceed $306,000, in accordance with the Local Finance Law;
        WHEREAS, the total amount of such tax certiorari claims exceeds three per centum (3%)  and is less than five per centum (5%) of the real property tax levy of the Village for the Village’s fiscal year 2006-2007.
        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 of up to $306,000, pursuant to the Local Finance Law, in order to finance the costs of the settlement of various tax certiorari claims against the Village for the Village’s fiscal year 2006-07, 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 costs of the Project are $606,000; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from (i) the proceeds of the serial bonds authorized herein, and/or of bond anticipation notes issued in anticipation of the issuance of such serial bonds and (ii) certain general fund monies of the Village; (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 33-a of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness of the Project is fifteen (15) years.  The serial bonds authorized herein shall have a maximum maturity of fifteen (15) 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/or 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 as of the date of 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 the obligations that it will not make any use of the proceeds of the obligations and any funds reasonably expected to be used to pay the principal of or interest on the obligations, or any other funds of the Village, which would cause the interest on the 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 the 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 the serial bonds authorized herein or any other provisions hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof.  The proceeds of the obligations 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 and such bond counsel or other qualified independent special counsel in determining whether a filing should be made.
        Section 10.     This bond resolution shall take effect immediately upon its adoption by the Board of Trustees of the Village.

Discussion: Treasurer Zambrano explained the resolution further; that the Village will be paying some from the fund balance and the remainder from borrowed money; the Village is still in negotiations with the golf course; depending on outcome of negotiations, may not need this.  Trustee Gallelli added that this particular kind of bond can only be issued for 5 years.
j)      On motion of TRUSTEE GALLELLI, 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, the funding package for the development of the 11 senior citizen apartments at Symphony Knoll is nearing completion; and

WHEREAS, Symphony Knoll is eligible for a PILOT (payment in lieu of taxes) agreement because it is being financed with tax exempt bonds issued by the Westchester County IDA; and

WHEREAS, in order to keep rents at an affordable level the Croton Housing Network is requesting confirmation from the Village that it will accept a PILOT of $1.00 per year for twenty years; and

WHEREAS, the Croton Housing Network has made a similar request to the Town of Cortlandt,

NOW, THEREFORE BE IT RESOLVED:  that the Village Board of Trustees agrees to accept a PILOT agreement with the Croton Housing Network for the new 11 senior citizen apartments to be built at Symphony Knoll,
AND BE IT FURTHER RESOLVED:  that the Village Manager is authorized to send a letter to the Westchester County Industrial Development Agency confirming the Village’s intention to accept a PILOT agreement for Symphony Knoll.
k.      Village Manager Herbek stated that the Soccerfest will be held on Saturday, June 23rd (rain date-June 24th) and they are requesting permission for a licensed mobile food vendor for the day; he recommended approving this request for this event only. Trustee Brennan made a motion to approve the request, seconded by Trustee Kane with Village Manager Herbek finalizing the necessary arrangements.  Trustee Kane added that these requests should be considered on a case-by-case basis.  Mayor Schmidt suggested that they should come up with some policy guidelines.  Vote was taken with all in favor of approval of the request.
7.      CITIZEN PARTICIPATION – NON-AGENDA ITEMS:
a) Bob Wintermeir, 43 Radnor Ave., stated that he was not able to participate in budget negotiations, but received information via the Gazette.  He thanked the entire Board for reducing the tax increase down about 3 percentage points; he would like the Board to pass on to the residents what was done to reduce the budget such as salaries and number of police cars.  He asked that, in the future, please take a look at voting for salary caps or freeze for non-union employees on a 2 year basis; use bonuses to compensate things that are measurable; make more use of Vincent Leibel and Sandy Galef, town funds and John Hall; he suggested more shared services between the Village and the Town.  Mr. Wintermeir stated that he is concerned about new compact florescent bulbs and will find out how those bulbs should be disposed of.   Trustee Kane stated that the EPA web site has the process on how to clean up if one of these bulbs breaks.

8.  APPROVAL OF MINUTES:
Trustee Brennan made a motion to approve the minutes of the Regular Board Meeting held on April 16, 2007 as corrected.  Trustee Kane seconded the motion.  The Board voted approval with Trustee Brennan abstaining.

Trustee Brennan made a motion to approve the minutes of the Special Meeting held on April 16, 2007.  Trustee Kane seconded the motion.  The Board voted unanimous approval

Trustee Kane made a motion to approve the minutes of the Executive Session held on April 16, 2007.  Trustee Kane seconded the motion.  The Board voted unanimous approval

Trustee Gallelli made a motion to approve the minutes of the Special Meeting of the Board of Trustees held on April 23, 2007.  Trustee Kane seconded the motion.  The Board voted unanimous approval

9. REPORTS:
Village Manager Herbek  - none

Treasurer Zambrano addressed the legal expense reports thru May 7, 2007; as of March 19th the total paid in the cycle was $7,605.; $1073 was paid toward STB; $5,423 was paid toward Metro Enviro court of appeals, $394 toward Millennium Pipeline, $820 for general counsel.  YTD totals $13,926 for STB, $23,117 for NYS Court of Appeals case, $324. for 1A Croton Point Ave. site approval, $4,015 for Millennium Pipeline, $3,747. for discussions for tenant and owner of 1A Croton Point Ave., $11,522 for general counsel for a total $56,546. toward legal bills paid thru March 31st.  The legal line year to date is at $377,958. which is over budget by $100,000?  Treasurer Zambrano added that a few residents have not renewed their weekend parking permits and urged everyone to renew; there is no cost.

Trustee Konig reported that the meeting with citizens about Mayo’s Landing got everyone working together and satisfied with the meeting; people from the Town of Cortlandt were there along with DEC and the police and all contributed to streamlining the process; this is a good way to work with cooperation.

Trustee Kane reported that the Firefighters parade will be held on May 19th at 6 pm starting at Cleveland Drive to Benedict to S. Riverside, ending up at the parking lot; it should last about two hours.  Trustee Kane reported also that the CAC celebrated another clean up day at Senasqua Park and planted a new garden at the train station.  He added that the Croton River watershed Committee finished a draft report for the Board regarding Mayo’s landing and it is on the Village’s web site; they offered options to the Board and hope to work together to resolve issues.

Trustee Gallelli reminded residents that time is running out for inclusion in the sidewalk program. Village Engineer Dan O’Connor stated that letters have generated telephone calls and hopefully people are responding.  Trustee Gallelli stated that May 31st is the last day to sign up.  She reported on Earth Day and the nice landscaping at the station; CAC requests that the DPW do the watering; they also cleaned up at the railroad station and Croton Point Avenue; it was nice to see many people turn out for the event.  Trustee Gallelli reported that several people went to the Healthy River Walk on Saturday; they did not get the kind of turn out as expected, but it was a nice day and a good idea; hope to do this on a regular basis.  Trustee Gallelli stated that she agrees with Trustee Konig’s comments regarding the Mayo’s Landing meeting and how to move on Croton River issues this summer; they anticipate a nicer summer on the Croton River. Trustee Gallelli inquired about the status of the recent flooding and how it affected the Water Dept. and well houses and is there any damage assessment.  Village Manager Herbek replied that there were some problems with the boiler and some water in the basement, but nothing too terrible; they will be submitting claims through the state emergency offices and hope to get some reimbursement

Trustee Brennan reported that have distributed the Community Center survey and are trying to read results; they have enlisted the help of a high school senior and hope to have some information in June.  Trustee Brennan wished good luck to all the high school athletes and the baseball team is back on their home field after some time.  Trustee Brennan reported also that the staff and board members worked very hard on the budget; they didn’t agree on everything, but came together; next year, non-union staff raises may be handled differently.

Mayor Schmidt reminded residents that they should be coming to get recreation IDs which should be carried with you.  He added that the River Walk was fun, even though there was just a small group.  Mayor Schmidt announced that Summerfest is coming on June 3rd; the Upper Village streets will be closed; they have scheduled a fun, engaging entertainer; local groups will be there also.  He thanked Emily and Sylvia, staff members, for hanging the art work in this room; adding that the building is looking a little better these days.  Mayor Schmidt handed out his recommendations for possible liaison appointments.  

Trustee Konig made a motion to adjourn.  Trustee Kane seconded the motion; approved unanimously.  The meeting was adjourned at 9:45 p.m.

Respectfully submitted,

Phyllis A. Bradbury
Phyllis A. Bradbury, Secretary



Village Clerk