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minutes 36 pages

A Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Tuesday, January 17, 2011 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520. Mayor Wiegman Trustee Gallelli Village Manager Zambrano Trustee Schmidt Village Attorney Feldman Trustee Murtaugh Treasurer Bullock Trustee Raskob 1. CALL TO ORDER: Mayor Wiegman called the meeting to order at 8:00 p.m. Everyone joined in the Pledge of Allegiance. 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 Murtaugh and approved with a vote of 4-0. 54,046.86 Water Fund 7,723.97 Sewer Fund 459.50 Capital Account 126.21 Trust & Agency 5,584.00 Total $67,940.54 3. PRESENTATIONS: Paul Costa, Project Manager and Lisette Gomez, Assistant Project Manager, NYC Department of Environmental Protection and Chuck Kahler, MNH Consultant for Design to NYC DEP were present. Mr. Costa presented an update of the proposed reconstruction of New Croton Dam. Mr. Costa gave a synopsis of the new project and the projected dates, stating that the initial project as conceived had cost effective issues and some items were deleted; the dam is very safe; they want to maintain the recreational elements of the dam area; they will be doing work on the upper and lower gate chambers, replacing mechanical items in the structure; replacing the roof chamber with removable slabs, installing new rails and a gate; clearing and grubbing at the base of the dam will be done; public access will be somewhat restricted during the construction period, however, there will be some public access to the top of the dam with a 6 ft. fence being installed; in September they will start the contract, with construction activities starting in the spring of 2013 and completion in 2014. Trustee Gallelli asked if the water flow over the spillway will be affected. Mr. Costa replied that during construction, the contractor will install temporary siphons. Trustee Schmidt asked if cleaning the dam is off the list. Paul Costa replied that it is. Trustee Murtaugh inquired if the low level outlet Village Trustees Board Meeting January 17, 2012 works are or are not working. Mr. Costa replied that they are not working right now, the water you see is where it is leaking; the valves will be controlled on site, not remotely. Mr. Mamone, a resident, stated that he believes there is a grandfathered regulation that the Village’s aquifers must be kept wet. 4. PUBLIC HEARING: Trustee Raskob made a motion to open the public hearing to consider a special permit application for an accessory apartment located at 91 Truesdale Drive; second by Trustee Gallelli, approved with a vote of 5-0. No members of the public wished to comment. Trustee Raskob made a motion to close the public hearing; second by Trustee Murtaugh; approved with a vote of 5-0. On motion of TRUSTEE SCHMIDT, seconded by TRUSTEE GALLELLI, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a vote of 5-0: WHEREAS, the Village Board of Trustees has received a special permit application from Megan Guinee for an accessory apartment located at 91 Truesdale Drive; and WHEREAS, the property is located in a RA-25 District and is designated on the Tax Maps of the Village as Section 79.09 Block 5 Lot 6, and WHEREAS, the Zoning Board of Appeals has granted a 5.19 foot front yard variance and building perimeter variance for a potential accessory apartment, and WHEREAS, this application was referred to the Planning Board in accordance with Village Law; and WHEREAS, the Planning Board has issued a memo to the Village Board with a favorable recommendation; and WHEREAS, a Public Hearing was held and closed on January 17, 2012, NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees does hereby issue a Special Permit to Megan Guinee for an accessory apartment located at 91 Truesdale Drive. 5. CORRESPONDENCE: Village Manager Zambrano read the following correspondence (full text available at the Village Office): a) A letter from John Ricci, Senior Property Manager, Westchester Property Management regarding a fence installation at Half Moon Bay. b) A letter from Thomas M. Bellard, Director of Valuation Service Bureau, NYS Dept. of Taxation and Finance Office of Real Property Tax Services regarding the final special franchise assessment. Village Trustees Board Meeting January 17, 2012 c) A letter from Robert Hoch, Cablevision, Director Government Affairs, regarding late fee rate changes. d) A letter from Robert Hoch, Cablevision, Director Government Affairs, regarding unreturned/replacement equipment fee decrease. 6. CITIZEN PARTICIPATION (agenda items): a) Mike Mamone, 19 Young Ave., inquired if resolution E is related to raising the pump house to raise it above the 100 year flood plain. b) Roseann Schuyler, representing LOGIC, League for Open Government in Croton, expressed her objection to the new format of the minutes and objected to the truncated comments of the reports of public comments. Trustee Schmidt stated that this is moving away from what has been done for many years; all we had to do is capture the gist of what someone was saying as comments. c) Miriam Haas, regarding tonight’s resolution #G, stated that she has been diligently trying to address the issues from the Planning Board for the proposed winter farmers market at the Blockbuster store; they have spoken to most of the store owners in all three lots and have gotten pretty much a positive response from everyone; they will enforce their vendors to not park in the spaces and will encourage staff workers to park offsite; 18 spots in the large parking lot are reserved for staff who work there; her group will have their study information available for the public hearing. d) Pat Moran had questions about the bonds being voted on tonight. She further stated that she believes the Board is not fulfilling their responsibility by not looking at each voucher being submitted for payment before voting on them. Ms. Moran added that she completely agrees with Roseann Schuyler on the minutes issues. On motion of TRUSTEE RASKOB, seconded by TRUSTEE GALLELLI, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a vote of 5-0: EVIROMETAL COMPLIACE RESOLUTIO TO MAKE FIDIGS AD DETERMIATIOS WHEREAS, Daniel O’Connor, P.E., duly licensed by the State of New York (the “Engineer”), have, at the instance of the Board of Trustees (the “Board”), prepared engineering plans and studies and an estimate of the cost of various capital projects authorized by the Board pursuant to four (4) bond resolutions, totaling $1,686,060 including rights-in-land, original Village Trustees Board Meeting January 17, 2012 furnishings, equipment, machinery, apparatus required for such purpose, and preliminary and incidental costs related thereto (the “Project”) and said engineering and architectural plans and studies have been filed in the office of the Village Clerk and are on file for public inspection; and WHEREAS, the Board of Trustees has determined that upon the examination of an environmental assessment form (“EAF”) prepared by the Engineer, each component of the Project is an “unlisted action”, as that term is defined in 6 NYCRR §617.2(ak), or a “Type II action”, as that term is defined in 6 NYCRR §617.2(aj), and therefore the Village has caused the EAF to be prepared and promptly filed with the Village Clerk; and WHEREAS, it is proposed that the maximum amount estimated to be expended for the Project is $1,686,060 and that the costs of the Project are to be financed by the issuance of serial bonds of the Village in the aggregate principal amount of $1,686,060 pursuant to the Local Finance Law of New York (the “LFL”) and if deemed advisable by the issuance of bond anticipation notes in anticipation of the issuance of said bonds; and WHEREAS, it is proposed that the costs of the Project are to be paid from a tax levied upon all the taxable property in the Village in annual installments determined by the Board of Trustees in amounts sufficient to pay the principal of and interest on said bonds to be authorized in a bond resolution to be adopted by the Board; and WHEREAS, the evidence contained in such engineering plans and studies and in the EAF with respect to the Project permits the Board to make the determinations hereinafter in connection with actions to be made for the purpose of authorizing the financing of the Project; NOW THEREFORE, pursuant to proceedings prescribed in 6 NYCRR at §617 of Village Trustees Board Meeting January 17, 2012 the State Environmental Quality Review Act (“SEQRA”) regulations, BE IT RESOLVED, BY THE BOARD OF TRUSTEES OF THE VILLAGE OF CROTON-ON-HUDSON, NEW YORK, as follows: The Village, by and through the Board, hereby declares and designates itself to be the “lead agency” as that term is defined in 6 NYCRR §617.2(u), with respect to the environmental review of the Project. Section 2. Upon receipt and examination of the EAF it is hereby determined that the Project is an unlisted action or a Type II action, as those terms are defined in 6 NYCRR §617.2(ak) and §617.2(aj), respectively. Section 3. No other agency other than the Village is involved in said environmental review and no coordinated review or segmentation of such review is necessary or required with respect to the Project. Section 4. No hearing as set forth in 6 NYCRR §617.10(e) is required in making the determinations contained herein with respect to the Project. Section 5. Taking into account the criteria set forth in 6 NYCRR §617.7, upon review of all pertinent information, including taking a hard look at all the facts and circumstances, it is determined that the Project (i) will not have a significant effect on the climate or climate change, and (ii) will not have a significant effect on the environment, and no unidentified adverse effects are anticipated with respect thereto and are precluded from further review under the Environmental Conservation Law. Section 6. The Village shall maintain a file, readily accessible to the public, in the office of the Village Clerk, containing this resolution, and the EAF. Section 7. This resolution shall take effect immediately upon its adoption. Village Trustees Board Meeting January 17, 2012 b) On motion of TRUSTEE RASKOB, seconded by TRUSTEE GALLELLI, the following resolution was unanimously adopted by the Board of Trustees of the Village of Croton-on Hudson, New York with the following roll call: Trustees Schmidt, Raskob, Gallelli, Murtaugh and Mayor Wiegman, “Aye”. BOD RESOLUTIO, DATED JAUARY 17, 2012, AUTHORIZIG THE ISSUACE OF UP TO $161,670 AGGREGATE PRICIPAL AMOUT SERIAL BODS OF THE VILLAGE OF CROTO-O-HUDSO, EW YORK, PURSUAT TO THE LOCAL FIACE LAW, TO FIACE THE COSTS OF THE ACQUISITIO, COSTRUCTIO AD RECOSTRUCTIO OF VARIOUS PUBLIC PURPOSES, ICLUDIG (I) THE ACQUISITIO OF VEHICLES, (II) THE ACQUISITIO OF VARIOUS EQUIPMET, MACHIERY, APPARATUS OR FURISHIGS AD (III) THE ACQUISITIO OF VARIOUS COMPREHESIVE PLAS AD STUDIES, I AD FOR THE VILLAGE. WHEREAS, the Board of Trustees of the Village of Croton-on-Hudson (the “Village”), located in Westchester County, in the State of New York (the “State”), hereby determines that it is in the public interest of the Village to authorize the financing of the costs of (1) the acquisition of vehicles ($65,280), (2) the acquisition of various equipment, machinery, apparatus or furnishings ($65,790), and (3) the acquisition of various comprehensive plans and studies ($30,600) and other preliminary and incidental costs, in and for the Village, at a total cost not to exceed $161,670, in accordance with the Local Finance Law; OW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Croton-on-Hudson, as follows: There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $161,670, pursuant to the Local Finance Law, in order to finance costs of the specific objects or purposes hereinafter described. Section 2. The specific objects or purposes or class of objects or purposes to be financed pursuant to this bond resolution, the respective estimated maximum cost of each item of Village Trustees Board Meeting January 17, 2012 such specific objects or purposes or class of objects or purposes, the principal amount of serial bonds authorized herein for such specific objects or purposes or class of objects or purposes, and the period of probable usefulness of such specific objects or purposes or class of objects or purposes thereof pursuant to the applicable subdivision of paragraph a of Section 11.00 of the Local Finance law, are as follows: (a) The acquisition of vehicles, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $65,280 for which $65,280 principal amount of serial bonds are authorized herein and appropriated therefore, having a period of probable usefulness of five (5) years pursuant to subdivision 29 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) by the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds. (b) The acquisition of various equipment, machinery, apparatus or furnishings, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $65,790 for which $65,790 principal amount of serial bonds are authorized herein and appropriated therefore, having a period of probable usefulness of five (5) years pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) by the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds. (c) The acquisition of various comprehensive plans and studies, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $30,600 for which $30,600 principal amount of serial bonds are authorized herein and appropriated Village Trustees Board Meeting January 17, 2012 therefore, having a period of probable usefulness of five (5) years pursuant to subdivision 62 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) by the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds. Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the classes of objects or purposes or specific objects or purposes listed in Section 2 above is $161,670, (b) no money has heretofore been authorized to be applied to the payment of the costs of such objects or purposes, and (c) the Board of Trustees of the Village plans to finance the costs of such objects or purposes from funds raised by the issuance of obligations authorized herein. Section 4. Subject to the terms and conditions of this Resolution and the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00, 56.00 and 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this Resolution and the renewal of such bond anticipation notes and the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes authorized by this Resolution, and the power to issue, sell and deliver such serial bonds and 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 Resolution and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Clerk of the Village is hereby authorized to affix the seal of the Village to all such serial bonds and all such bond anticipation notes and to attest Village Trustees Board Meeting January 17, 2012 such seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the facsimile signature of the Village Treasurer. Section 5. The faith and credit of the Village is hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this Resolution as the same shall become due. Section 6. When this Resolution takes effect, the Clerk of the Village shall cause the same or a summary of the same to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in The Gazette, a newspaper having a general circulation in the Village. The validity of the serial bonds authorized by this Resolution and of bond anticipation notes issued in anticipation of the sale of such serial bonds may be contested only if such obligations are authorized for an objects or purposes for which the Village is not authorized to expend money, or the provisions of law which should be complied with as of the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State. Section 7. Prior to the issuance of obligations authorized to be issued by this bond resolution, 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 Village Trustees Board Meeting January 17, 2012 re-adopt, amend or modify this bond resolution prior to the issuance of obligations authorized to be issued 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. For the benefit of the holders and beneficial owners from time to time of the bonds and bond anticipation notes authorized pursuant to this resolution (the “obligations”), the Village agrees, in accordance with and as an obligated person with respect to the obligations, under Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the “Rule”), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village’s continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of the obligations in accordance with the Rule, with any changes or amendments that are not inconsistent with this 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 Village Trustees Board Meeting January 17, 2012 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. The Village Treasurer acting in the name and on behalf of the Village, shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other special counsel in determining whether a filing should be made. Section 9. The Village hereby declares its intention to issue the obligations authorized herein to finance costs of the Project. The Village covenants for the benefit of the holders of the obligations authorized herein 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 any of the equipment financed with the proceeds of such obligations 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 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 any of the vehicles 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 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 bonds or any other provisions hereof until the date which is Village Trustees Board Meeting January 17, 2012 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 for such purposes on or after a date which is not more than sixty (60) days prior to the date of adoption of this Resolution by the Village. Section 10. This Resolution will take effect immediately upon its adoption. c) On motion of TRUSTEE RASKOB, seconded by TRUSTEE MURTAUGH, the following resolution was unanimously adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with the following roll call: Trustees Schmidt, Raskob, Gallelli, Murtaugh and Mayor Wiegman, “Aye”. BOD RESOLUTIO, DATED JAUARY 17, 2012, AUTHORIZIG THE ISSUACE OF UP TO $562,020 AGGREGATE PRICIPAL AMOUT SERIAL BODS OF THE VILLAGE OF CROTO-O-HUDSO, EW YORK, PURSUAT TO THE LOCAL FIACE LAW, TO FIACE THE COSTS OF (I) THE ACQUISITIO OF A SPRIKLER SYSTEM, (II) THE REPLACEMET AD ACQUISITIO OF SEWER SYSTEM MACHIERY, EQUIPMET AD APPARATUS, (III) THE ACQUISITIO OR ISTALLATIO OF A POLICE COMMUICATIO SYSTEM, I AD FOR THE VILLAGE. WHEREAS, the Board of Trustees of the Village of Croton-on-Hudson (the “Village”), located in Westchester County, in the State of New York (the “State”), hereby determines that it is in the public interest of the Village to authorize the financing of the costs of (i) the acquisition of a sprinkler system ($26,520), (ii) the replacement and acquisition of sewer system machinery, equipment and apparatus ($510,000) and (iii) the acquisition or installation of a police communication system ($25,500), and other preliminary and incidental costs, in and for the Village, at a total cost not to exceed $562,020, in accordance with the Local Finance Law; OW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Croton-on-Hudson, as follows: Village Trustees Board Meeting January 17, 2012 Section 1. There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $562,020, pursuant to the Local Finance Law, in order to finance costs of the specific objects or purposes hereinafter described. Section 2. The specific objects or purposes or class of objects or purposes to be financed pursuant to this bond resolution (collectively, the “Project”), the respective estimated maximum cost of each item of such specific objects or purposes or class of objects or purposes, the principal amount of serial bonds authorized herein for such specific objects or purposes or class of objects or purposes, and the period of probable usefulness of such specific objects or purposes or class of objects or purposes thereof pursuant to the applicable subdivision of paragraph a of Section 11.00 of the Local Finance law, are as follows: (a) The acquisition of a sprinkler system for the Village, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $26,520 for which $26,520 principal amount of serial bonds are authorized herein and appropriated therefore, having a period of probable usefulness of ten (10) years pursuant to subdivision 56 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) by the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds. (b) The replacement and acquisition of sewer system machinery, equipment and apparatus for the Village, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $510,000 for which $510,000 principal amount of serial bonds are authorized herein and appropriated therefore, having a period of probable usefulness of ten (10) years pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law. Village Trustees Board Meeting January 17, 2012 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) by the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds. (c) The acquisition or installation of a police communication system for the Village, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $25,500 for which $25,500 principal amount of 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) by the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds. Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the classes of objects or purposes or specific objects or purposes listed in Section 2 above is $562,020; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the proceeds of the serial bonds or bond anticipation notes authorized herein; and (d) the maturity of the obligations authorized herein will be in excess of five (5) years. Section 4. Subject to the terms and conditions of this Resolution and the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00, 56.00 and 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this Resolution and the renewal of such bond anticipation Village Trustees Board Meeting January 17, 2012 notes and the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes authorized by this Resolution, and the power to issue, sell and deliver such serial bonds and 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 Resolution and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Clerk of the Village is hereby authorized to affix the seal of the Village to all such serial bonds and all such bond anticipation notes and to attest such seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the facsimile signature of the Village Treasurer. Section 5. The faith and credit of the Village is hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this Resolution as the same shall become due. Section 6. When this Resolution takes effect, the Clerk of the Village shall cause the same or a summary of the same to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in The Gazette, a newspaper having a general circulation in the Village. The validity of the serial bonds authorized by this Resolution and of bond anticipation notes issued in anticipation of the sale of such serial bonds may be contested only if such obligations are authorized for an objects or purposes for which the Village is not authorized to expend money, or the provisions of law which should be complied with as of the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State. Village Trustees Board Meeting January 17, 2012 Section 7. Prior to the issuance of obligations authorized to be issued by this bond resolution, 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 obligations authorized to be issued 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. For the benefit of the holders and beneficial owners from time to time of the bonds and bond anticipation notes authorized pursuant to this resolution (the “obligations”), the Village agrees, in accordance with and as an obligated person with respect to the obligations, under Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the “Rule”), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village’s continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders Village Trustees Board Meeting January 17, 2012 and beneficial owners of the obligations in accordance with the Rule, with any changes or amendments that are not inconsistent with this 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. The Village Treasurer acting in the name and on behalf of the Village, shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other special counsel in determining whether a filing should be made. Section 9. The Village hereby declares its intention to issue the obligations authorized herein to finance costs of the Project. The Village covenants for the benefit of the holders of the obligations authorized herein 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 any of the equipment financed with the proceeds of such obligations 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”), Village Trustees Board Meeting January 17, 2012 (except for the 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 any of the vehicles 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 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 bonds 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 for such purposes on or after a date which is not more than sixty (60) days prior to the date of adoption of this Resolution by the Village. Section 10. This Resolution is subject to a permissive referendum and will take effect upon 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. Discussion: Trustee Schmidt stated that the sprinkler system in the firehouse is not the correct number; we have already spent a good portion of this number to find out what has to be done there; he raised his objection that we were not given accurate numbers on what needs to be done there and hopes it does not happen again or with any of these others we are approving tonight. d) On motion of TRUSTEE GALLELLI, seconded by TRUSTEE RASKOB, the following resolution was unanimously adopted by the Board of Trustees of the Village of Croton-on- Hudson, New York with the following roll call: Trustees Schmidt, Raskob, Gallelli, Murtaugh and Mayor Wiegman, “Aye” BOD RESOLUTIO, DATED JAUARY 17, 2012, AUTHORIZIG THE ISSUACE OF UP TO $707,370 AGGREGATE PRICIPAL AMOUT Village Trustees Board Meeting January 17, 2012 SERIAL BODS OF THE VILLAGE OF CROTO-O-HUDSO, EW YORK, PURSUAT TO THE LOCAL FIACE LAW, TO FIACE THE COSTS OF (I) THE COSTRUCTIO, RECOSTRUCTIO AD ACQUISITIO OF IMPROVEMETS TO VILLAGE STREETS, (II) THE ACQUISITIO OF MACHIERY AD APPARATUS FOR COSTRUCTIO AD MAITEACE AD (III) THE IMPROVEMETS TO PLAYGROUD, PARKS AD RECREATIOAL AREAS, I AD FOR THE VILLAGE. WHEREAS, the Board of Trustees of the Village of Croton-on-Hudson (the “Village”), located in Westchester County, in the State of New York (the “State”), hereby determines that it is in the public interest of the Village to authorize the financing of the costs of (i) the construction, reconstruction and acquisition of improvements to Village streets ($581,400), (ii) the acquisition of machinery and apparatus for construction and maintenance ($109,140) and (iii) the improvements to playground, parks and recreational areas ($16,830), and other preliminary and incidental costs, in and for the Village, at a total cost not to exceed $707,370, in accordance with the Local Finance Law; OW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Croton-on-Hudson, as follows: There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $707,370, pursuant to the Local Finance Law, in order to finance costs of the specific objects or purposes hereinafter described. Section 2. The specific objects or purposes or class of objects or purposes to be financed pursuant to this bond resolution (collectively, the “Project”), the respective estimated maximum cost of each item of such specific objects or purposes or class of objects or purposes, the principal amount of serial bonds authorized herein for such specific objects or purposes or class of objects or purposes, and the period of probable usefulness of such specific objects or purposes or Village Trustees Board Meeting January 17, 2012 class of objects or purposes thereof pursuant to the applicable subdivision of paragraph a of Section 11.00 of the Local Finance law, are as follows: (a) The construction, reconstruction and acquisition of improvements to Village streets, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $581,400 for which $581,400 principal amount of 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) by the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds. (b) The acquisition of machinery and apparatus for construction and maintenance for the Village, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $109,140 for which $109,140 principal amount of 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) by the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds. (c) The improvements to playground, parks and recreational areas, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $16,830 for which $16,830 principal amount of 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 Village Trustees Board Meeting January 17, 2012 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) by the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds. Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the classes of objects or purposes or specific objects or purposes listed in Section 2 above is $707,370; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the proceeds of the serial bonds or bond anticipation notes authorized herein; and (d) the maturity of the obligations authorized herein will be in excess of five (5) years. Section 4. Subject to the terms and conditions of this Resolution and the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00, 56.00 and 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this Resolution and the renewal of such bond anticipation notes and the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes authorized by this Resolution, and the power to issue, sell and deliver such serial bonds and 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 Resolution and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Clerk of the Village is hereby authorized to affix the seal of the Village to all such serial bonds and all such bond anticipation notes and to attest such seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the facsimile signature of the Village Treasurer. Village Trustees Board Meeting January 17, 2012 Section 5. The faith and credit of the Village is hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this Resolution as the same shall become due. Section 6. When this Resolution takes effect, the Clerk of the Village shall cause the same or a summary of the same to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in The Gazette, a newspaper having a general circulation in the Village. The validity of the serial bonds authorized by this Resolution and of bond anticipation notes issued in anticipation of the sale of such serial bonds may be contested only if such obligations are authorized for an object or purpose for which the Village is not authorized to expend money, or the provisions of law which should be complied with as of the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State. Section 7. Prior to the issuance of obligations authorized to be issued by this bond resolution, 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 obligations authorized to be Village Trustees Board Meeting January 17, 2012 issued 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. For the benefit of the holders and beneficial owners from time to time of the bonds and bond anticipation notes authorized pursuant to this resolution (the “obligations”), the Village agrees, in accordance with and as an obligated person with respect to the obligations, under Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the “Rule”), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village’s continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of the obligations in accordance with the Rule, with any changes or amendments that are not inconsistent with this 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, Village Trustees Board Meeting January 17, 2012 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. The Village Treasurer acting in the name and on behalf of the Village, shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other special counsel in determining whether a filing should be made. Section 9. The Village hereby declares its intention to issue the obligations authorized herein to finance costs of the Project. The Village covenants for the benefit of the holders of the obligations authorized herein 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 any of the equipment financed with the proceeds of such obligations 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 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 any of the vehicles 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 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 bonds 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 Village Trustees Board Meeting January 17, 2012 any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made for such purposes on or after a date which is not more than sixty (60) days prior to the date of adoption of this Resolution by the Village. Section 10. This Resolution is subject to a permissive referendum and will take effect upon 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. Discussion: Trustee Schmidt stated that regarding the playground, it is something they need to take a hard look at; items of that nature may be long lived items, but it is kind of crazy to bond something for $16,000; going forward, any Board needs to look at these numbers; it is not in the best interest of the Village to be constantly paying interest on these items. Village Manager Zambrano replied that they have been doing what Trustee Schmidt has just mentioned; they do continue to apply for 5 year special notes. e) On motion of TRUSTEE SCHMIDT, seconded by TRUSTEE RASKOB, the following resolution was unanimously adopted by the Board of Trustees of the Village of Croton-on- Hudson, New York with the following roll call: Trustees Schmidt, Raskob, Gallelli, Murtaugh and Mayor Wiegman, “Aye”. BOD RESOLUTIO, DATED JAUARY 17, 2012, AUTHORIZIG THE ISSUACE OF UP TO $255,000 AGGREGATE PRICIPAL AMOUT SERIAL BODS OF THE VILLAGE OF CROTO-O-HUDSO, COUTY OF WESTCHESTER, STATE OF EW YORK, PURSUAT TO THE LOCAL FIACE LAW, TO FIACE THE COSTS OF THE ACQUISITIO, COSTRUCTIO AD RECOSTRUCTIO OF IMPROVEMETS TO THE WATER SYSTEM I AD 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 improvements to the Village’s water system, including the acquisition of any applicable equipment, machinery, apparatus, land and rights-in-land Village Trustees Board Meeting January 17, 2012 necessary therefor 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; OW, 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: 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 the Village’s water 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 $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 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) Village Trustees Board Meeting January 17, 2012 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 Village Trustees Board Meeting January 17, 2012 prescribed by Section 81.00 of the Local Finance Law in The Gazette, a newspaper 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 Village Trustees Board Meeting January 17, 2012 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 Village Trustees Board Meeting January 17, 2012 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 Village Trustees Board Meeting January 17, 2012 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. Discussion: Trustee Raskob stated that this Board has discussed a lot of issues but number one is to fix the water. Trustee Schmidt stated that we all agree, but he feels we do not have a full sense of what it will take to repair all the pipes in the Village that are producing brown water; we need a plan; he understands the Water Dept. did not do as well this year. Village Manager Zambrano replied that revenues were lower than what we had initially budgeted because of the wet season. f) On motion of TRUSTEE GALLELLI, seconded by TRUSTEE RASKOB, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a vote of 5-0: WHEREAS, the Village has begun several steps to prepare for the replacement of water mains and other water infrastructure improvements within the Village; and WHEREAS two areas of the Village have been designated as a priority for water main improvements; and WHEREAS, the first step is to survey the work that is needed for the design and engineer work of the projects; and WHEREAS, the Village sent out request for proposals for the Harmon Water Infrastructure project and received 9 proposals; and WHEREAS, Welsh Engineering & Land Surveying, PC of Pleasantville, New York had the lowest proposal at $19,850; and WHEREAS, Village Staff has reviewed all the proposals in detail and are in agreement that the survey work be awarded to Welsh Engineering & Land Surveying, PC of Pleasantville, New York; NOW, THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the proposal from Welsh Engineering & Land Surveying, PC of Pleasantville, New York for survey work for the Harmon Water Infrastructure project at $19,850, Village Trustees Board Meeting January 17, 2012 AND BE IT FURTHER RESOLVED: that this amount should be charged to capital account# H8320.2106.09178. Discussion: Trustee Raskob stated that we are talking about several streets that are going to be surveyed. Trustee Gallelli stated that this is an integral part of the overall plan having to do with our need to replace our water infrastructure to solve some of our brown water problem; the staff has taken a very coordinated, pro active position on this and have been able to move several aspects forward in parallel with each other; the development of the water model which will provide information about the existing system and information to design a new improved infrastructure; the priority areas all have to be surveyed; this work is already being done and expect to be done in 9 weeks; also the staff has developed a RFP which was put out on Dec. 28th (correct date is December 23, 2011) of last year with a deadline of February 10th; all of this will be available for the design and engineering; she complimented the staff for getting this done very quickly. Village Manager Zambrano added that once those three areas are resolved, it is important for future boards to take on the additional parts of the Village that need updating as well; we are making progress much faster than anticipated. g) On motion of TRUSTEE MURTAUGH, seconded by TRUSTEE RASKOB, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a vote of 5-0: WHEREAS, the Village Board of Trustees has received a request for a special permit from Miriam Hass, Director of Community Markets to hold a temporary indoor Farmers Market located at 44 Maple Street; and WHEREAS, the property is located in a C-2/Municipal Place Gateway Zoning District and is designated on the Tax Maps of the Village as Section 79.09 Block 1 Lot 77, and WHEREAS, this application was referred to the Planning Board in accordance with Village Law; and WHEREAS, the Planning Board has issued a memo to the Village Board in favor of the idea; however, noting concerns about availability of adequate parking and impacts to adjacent property owners and their tenants; NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby schedules a Public Hearing at 8:00 pm in the meeting room of the Stanley H. Kellerhouse Municipal Building on February 6, 2012 to consider a special permit to hold a temporary indoor Farmers Market located at 44 Maple Street. Village Trustees Board Meeting January 17, 2012 h) On motion of TRUSTEE GALLELLI, seconded by TRUSTEE MURTAUGH, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a vote of 5-0: WHEREAS, the Village entered into a contract with Paladino Concrete Creations Corp. (The Contractor) on June 7, 2010 for the Sidewalk and Curb Improvement Program and on September 6, 2011 the Village Board approved an extension of the contract until June 7, 2012, and WHEREAS, the contractor performed sidewalk and curb replacement on Old Post Road North and Prospect Place, and WHEREAS, while working on Prospect Place the Contractor was requested by the Village Engineer to perform additional work that consisted of drainage improvements to control water seepage from the pavement on Prospect Place, and WHEREAS, The Contractor has submitted a change order for the work performed as requested by the Village Engineer in the amount of $23,803.24, and WHEREAS, this work was previously approved by the Village Board and a capital account was established as part of the 2009-2010 budget. NOW THEREFORE BE IT RESOLVED: that the Board of Trustees authorizes the Village Manager to approve the change order submitted by Paladino Concrete Creations Corp. in the amount of $23,803.24 for drainage improvements to control water seepage from the pavement on Prospect Place. AND BE IT FURTHER RESOLVED THAT: that the Board of Trustees authorizes the Village Treasurer to charge the change order submitted by Paladino Concrete Creations Corp. in the amount of $23,803.24 to capital account number H8120.2016.10206. i) On motion of TRUSTEE SCHMIDT, seconded by TRUSTEE RASKOB, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a vote of 5-0: WHEREAS, the storm sewer pipes in certain parts of the Village are in need repair and due to the severity of recent storms excessive ground erosion has occurred, and WHEREAS, the Superintendent of Public Works and General Foreman have assessed the conditions of the storm sewer pipes and have obtained a proposal in the amount of $29,000 from Green Mountain Pipeline Services to clean, TV inspect and reline storm pipes near Piney Point and Darby Avenue , and WHEREAS, the proposal received from Green Mountain Pipeline Services has been reviewed by the Superintendent of Public Works and General Foreman and they recommend that the work be Village Trustees Board Meeting January 17, 2012 done as soon as possible and to contract Green Mountain Pipeline Services to perform the work, and NOW THEREFORE BE IT RESOLVED: that the Board of Trustees authorizes the Village Manager to sign the proposal submitted by Green Mountain Pipeline Services for the relining of approximately 500 linear feet of a 15 inch storm sewer pipe in the areas near Piney Point and Darby Avenue. AND BE IT FURTHER RESOLVED: that the Board of Trustees authorizes the Village Treasurer to transfer $29,000 from the contingency account number A1990.4000 to A8140.4000. 8. CITIZEN PARTICIPATION (non-agenda items): a) Mike Mamone, 19 Young Ave., spoke regarding Village drinking water and thanked the Board for allowing people to speak on this issue. He stated that he believes the Village’s Lead/Copper levels to not warrant the addition of Zinc/Orthophosphate. b) Pat Moran asked if the Village has had any discussion with the County about affordable housing on any sites on South Riverside Ave. in particular 45 S. Riverside Ave. 9. APPROVAL OF MINUTES: Trustee Raskob made a motion to approve the minutes of the Regular Board Meeting held on January 3, 2012 as corrected. Trustee Murtaugh seconded the motion. The minutes were approved with the following vote: Trustees Raskob, Gallelli, Murtaugh and Mayor Wiegman, “aye”; Trustee Schmidt “nay”. Trustee Schmidt stated that he is in favor of going back to the some kind of abbreviated comments from the public the way it was before. 10. REPORTS: Village Manager Zambrano reported that although it has been a mild winter, we have had some severe winds last week and he has some concerns about power lines; he urged the public to connect to the CTR alert system which is critical in an emergency. He also asked residents to help out elderly neighbors. Village Manager Zambrano reported also that Phyllis Bradbury is resigning from doing minutes. Treasurer Bullock reported that recently the Village rolled over the Bond Anticipation Notes; last year’s BAN bid was 1.45% and this year it was at 1.06%. Secretary Bradbury thanked everyone for their support for the past 20 years. Trustee Schmidt reported that the CAC is going to do a Green Living series; they will have a couple of speakers about trees and invasive plants to encourage people to be environmentally aware; invasive vines need to be dealt with. Trustee Schmidt reported that the Coalition sponsored an event this past Friday night with Bridges to the Community; they had a band night, Village Trustees Board Meeting January 17, 2012 like a coffee house night; it was very well attended and they hope to make this a monthly event in the future. Trustee Schmidt reported that the Ad Hoc committee did not do the deer study; the Village needs to do something to address this issue now. Trustee Schmidt reminded the public that a lot was bought up tonight about aquifers, we will not be in trouble if the water is not coming over the Dam; there are a lot of questions where our water comes from but there is a lot of water that comes, possibly, from a river that flows underneath the Dam and it has always been proven to be adequate to recharge our aquifer. Trustee Raskob stated that he joined with Trustee Schmidt regarding the vines on trees; after cleaning out his vines, his trees have now come back. Trustee Raskob mentioned that the TV show, Nova, is currently running an interesting segment on kangaroos in Australia and if you replace kangaroos with deer, it is the same problem; we need to do something about the deer. He suggested that everyone go to Holy Name of Mary on Sunday 8:30 to about noon where Boy Scout troop #28 will be selling lasagna; he added that the Cub Scout pack had a wonderful breakfast last year. Trustee Gallelli thanked the staff for their pro-active approach for the water system improvements and by finding a way to move ahead with many fronts in parallel with each other; it is already paying off with three things under way and proposals due to come in. Trustee Gallelli reported that Eaglefest will be held at Croton Point Park on Feb 3rd ; they will have hourly shows with live wildlife and will conduct bus tours with an environmental educator; the bus tour requires advance reservations; call 914 762-3912 x110. Trustee Gallelli reported that there are little improvements being done in this building; the Community Room is being painted and they are doing some sheetrock work on walls; many groups use that room and it is looking good. Trustee Murtaugh reported that he noticed salt trucks were out this morning and asked Village Manager Zambrano to give an update of a mild winter on the snow budget. Village Manager Zambrano replied that the DPW had about a dozen men out with salt trucks today; the October 28th storm cost about $13,000 in overtime, but we have not used much salt; we have spent $18,000 to $20,000 which is about a quarter of what was spent last year this time Mayor Wiegman thanked the secretary for her long years of work here. He thanked the staff and Manager Zambrano for doing research of the open meetings law in NY and read the requirements; current Village procedures exceed this many fold; we go way beyond state requirements; he listed the many procedures the Village does, such as: the minutes are published on the Village web site going back to 1997; all documents related to the agenda are currently published with the agenda; we allow citizens to participate at two time slots; we include correspondence relevant to the public; Board meetings are televised and web streamed; work sessions are audio taped and posted on the web site; committee meeting agendas and minutes are on the web site; the entire proposed budget is on line prior to adoption and after adoption; prior years’ budgets are kept available. Mayor Wiegman reported that he will be a greeter at Eaglefest which is hosted by Teatown, see www.teatown.org for more information or call the phone number Trustee Gallelli noted. Mayor Wiegman reported that there will be a work session Monday, January 23rd and a Board of Boards meeting on January 30th, 7:30 pm in this room; it is open to the public. Village Trustees Board Meeting January 17, 2012 Trustee Raskob made a motion to adjourn. Trustee Murtaugh seconded the motion; approved with a vote of 5-0. The meeting was adjourned at 10:20 pm. Phyllis A. Bradbury Phyllis A. Bradbury, Secretary Village Clerk