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June 26 2000
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, June 26, 2000 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.

The following officials were present:

Present:                Mayor Elliott                   Trustee Grant
                        Trustee McCarthy                Trustee Harkins
                        Trustee Watkins         Attorney Waldman                                                Treasurer Reardon

Absent:         Manager Herbek

Call to order:

        Mayor Elliot called the meeting to order at 8:05 P.M.  Everyone joined in the Pledge of Allegiance.

2.   Approval of Minutes:

Trustee McCarthy made a motion to approve the minutes of the Regular Board Meeting held on June 12, 2000 as corrected.  Trustee Watkins seconded the motion and was approved; Trustee Grant abstained.

Approval of Vouchers:

Trustee Grant made a motion to approve the vouchers as follows, subject to review by the Audit Committee.  The motion was seconded by Trustee McCarthy and approved unanimously.

General Fund            $170,358.38
Water Fund                    2,752.07
Capital Acct.             231,021.77
Trust & Agency                9,092.16
                                $413,224.39

PUBLIC HEARING:  

Mayor Elliot opened the public hearing.

Attorney Waldman summarized the local law.  He stated the purpose of the local law is to maintain status quo for the duration of the study, which will continue for 1 year.  Specifically, no village body shall accept or process applications for site plan approvals in certain districts as specified in Section 3 of the local law.  He stated that there are certain exceptions, specifically special permits for change in use in a commercial district as specified in the Local Law as well as for issues of public safety.  

There was no public comment.

Trustee McCarthy wanted to make sure that the Board is in a position to make modifications to the zoning code in connection with this legislation.  This amendment would allow exceptions for change of use by the Board.  The following paragraph will be added to Section III (c) “Amendments to the Village Zoning Law proposed by the Board of Trustees upon its own initiative may be processed and adopted.”

Trustee Watkins asked what vote would be needed in connection with this local law.  Attorney Waldman said it would take a simple majority.

Mayor Elliot took the time to introduce the members of the Comprehensive Plan Committee: Kurt Carlson, Paul Doyle, Roger Solymosy and Justin Casson.  The Comprehensive Plan Committee is in agreement for the proposed amendment to the local law.

The Mayor closed the Public Hearing.

On motion of Trustee McCarthy, seconded by Trustee Grant, the following local law was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York.

Local Law Introductory #3 of 2000, establishing a temporary moratorium on certain building and development in the Village of Croton on Hudson

Be it enacted by the Board of Trustees of the Village of Croton on Hudson as follows:

§~I:   SHORT TITLE

       This local law shall be known and may be cited as the Year 2000 Development Moratorium Law of the Village of Croton-on-Hudson.

§~II:   LEGISLATIVE INTENT

                In or about 1977, the Village of Croton-on-Hudson Planning Board adopted a Comprehensive Zoning Plan, known as the Master Plan, to regulate land development throughout the Village.  No compre-hensive examination of the Master Plan has been undertaken since that time, although the Village has experienced substantial changes in building construction and development in the interim.  In 1999, the Village Board of Trustees created a Comprehensive Plan Committee pursuant to Village Law Section 7-722 to review, update and revise the Village's Master Plan to meet current conditions and current needs.

                The establishment of the Comprehensive Plan Committee was prompted by the Village's concern about land use and development in the Village, County and region, and about the present standards of the Village contained in its local law and regulations and the Village's intent to update and revise its local law and regulations to conform to a revised Comprehensive Plan.

                The Village of Croton-on-Hudson is also concerned about the adequacy of its infrastructure and other public services to absorb and support new building and development.

                The Comprehensive Plan Committee has begun to conduct research, studies and surveys and will present findings and recommendations on new legislation to the Village Board of Trustees and public, through the media, at public meetings, and at formal public hearings.  This procedure is intended to lead to the adoption of a revised and updated Comprehensive Plan and of new local laws and amendments to existing local laws and regulations as afore-mentioned.

                Upon the recommendation of the Comprehensive Plan Committee, the Village Board of Trustees finds that, pending the completion of the necessary survey, studies, meetings, public hearings, and other acts incident to due consideration of the studies undertaken and legislation contemplated, proper and necessary measures must be taken to preserve and protect the public interest and the integrity of the Comprehensive Plan.

                Pursuant to authority duly vested in it, it is the intention of the Village Board of Trustees to preserve and protect any revisions and amendments of existing local laws and regulations and to assure that infrastructure and other public services and facilities do not become overburdened while studies as to their adequacy are undertaken, by adopting reasonable protective interim regulations during the preparation and consideration of such studies and of revisions and amendments to the Village's Master Plan and to local laws and subdivisions regula-tions.  This will serve to protect the public interest and prevent premature development, which could prejudice the objective of any changes and of the revised Comprehensive Plan itself.

§~III.  CONTROLS AND PROHIBITIONS

                During the effective period of this law:

                A.  Neither the Village Board of Trustees, the Planning Board, the Zoning Board of Appeals, the Village Manager-Clerk, the Village Engineer, or any other Village body, officer or employee shall: (a) accept or process applications for, or grant, site plan approvals, special use permits or subdivision plat approvals, in the following zoning Districts: Central Commercial C-l, General Commercial C-2, Limited Office 0-1, Limited Office 0-2, Limited Office 0-3 and Light Industrial LI; or (b) accept or process applications for, or grant, subdivision plat approvals in any Residential District, or (c) accept or process any rezoning application in any District.
                B.      Section A shall not be applicable to applications received prior to June 1, 2000.

                C.      Notwithstanding Sections A and B, the above:

                        (a) a special permit allowing only a change of use in a commercial district with respect to an existing building, or a special permit for an accessory use in a residential district as specified in Section 230.9A(10)(g) and (h) and in Section 230-41, or a renewal of a special permit previously issued, may be processed and granted by the body empowered to issue such permit but only upon an express finding by such body that the proposed permitted use will not result in any material change to the neighborhood or to the building to which the permit applies; and

                        (b) an amended site plan that primarily addresses issues of public health and safety without intensifying the permitted use may be processed and granted upon an express finding by the body empowered to issue such amended site plan that the amended site plan will not result in any material change to the neighborhood.

§~IV:   APPEAL PROVISIONS

                A.      The Village Board of Trustees, by a vote of not less than a majority plus one, shall have the power to vary or modify the application of any provisions of this local law, upon its determination, in its absolute discretion, that such variance or modification is consistent with the purpose of this local law to prevent premature development that would prejudice the objectives of a revised Master Plan and revisions to the zoning law and regulations, and is, further consistent with the health, safety, and general welfare of the Village.  The Village Board shall have the power, in any individual case, to decide the extent to which this law shall be varied and modified and which controls shall remain in effect.

                B.      Upon receiving any application for such a variance or modification of the provisions of this local law, the Village Board shall refer such application to the Comprehensive Plan Committee for a report of said Committee with respect to the effect of the prospective variance or modification upon the intended land use plan and zoning plan.  To expedite such appeal, the Village Clerk shall forward within 48 hours after receipt of same, all applications for relief to the Comprehensive Plan Committee for its report.  Such report shall be returned by the Comprehensive Plan Committee to the Village Board within thirty (30) days after such reference and shall be placed on the agenda of the next regular meeting of the Village Board.  If the Comprehensive Plan Committee report is not received within such thirty (30) day period, the application for relief shall nevertheless be placed on the agenda of the next regular meeting of the Village Board.  The granting of an appeal for relief by the Village Board shall authorize and permit the appropriate Village Board, agency or officer having original jurisdiction of the subject matter of the application to take action thereon.
§~V.    It is the intent of this local law to change or supersede the following state statutes and local laws for the effective period of this local law.

a.      Sections 7-728 and 7-730 of the Village Law providing for the filing, processing and approval of subdivision plats;

b.      Section 7-734 of the Village Law to the extent that it empowers the zoning board of appeals to grant permits for erection of buildings in streets or highways shown in a map or plan;

c.      Section 7-738 of the Village Law empowering the Village Board of Trustees to authorize the planning board to modify the zoning laws to provide for clustering and other purposes, and providing for planning board determinations and processing and approval of plats and site plans pursuant to such authority;

d.      The Subdivision Regulations and Zoning Law of the Village of Croton-on-Hudson to the extent that they provide for filing, processing and approval of sub-division plats.

§~VI.   PENALTIES
                
Any person, firm, corporation, or entity that shall construct, erect, enlarge, or alter any building or structure, or willfully conduct any act in violation of the provisions of this Local Law, or shall otherwise violate this Local Law, shall be subject to a fine of not more than $250 and fifteen days imprison-ment for each such violation, and shall, in addition, be required to restore the premises to their condition prior to such violation; in the event of failure to effect such restoration, the Village shall be entitled to do so and to charge the property owner and the person, firm, corporation, or entity responsible for the violation for the cost thereof.

§~VII.  SEVERABILITY
        
        The invalidity of any word, section, clause, paragraph or sentence or provision of this Local Law shall not affect the validity of any other part of this Local Law.

  §~VIII.      REPEAL OF OTHER LAWS

                All ordinances, local laws, or parts of ordinances or local laws, in conflict with the provisions of this Local Law are hereby repealed to the extent necessary to give this Local Law full force and effect during its effective period.

§~IX.   EFFECTIVE DATE

                This Local Law shall take effect immediately upon adoption and filing, as provided by law, and shall remain in full force and effect until June 26, 2001, on which date this Local Law shall terminate.

CORRESPONDENCE:

Federal Energy Regulatory Commission

Mayor Elliott received notification that the Millennium Pipeline application was rejected.  The Commission found the application incomplete.  Mayor Elliott said that he understood this to be routine and the Village will wait for notification to re-file.  The Board confirmed that it is not in favor of the Route 9 pipeline. Attorney Waldman will draft a letter to the Commission reaffirming the Board’s position.  Trustee McCarthy suggested that the letter should advocate putting the pipeline back on the Con Ed right of way.  Trustee Grant suggested sending copies of the letter to Ossining and Briarcliff Manor.  Mayor Elliot asked for a motion to oppose the placement of the pipeline on Route 9.  On motion of Trustee McCarthy, seconded by Trustee Grant, the above motion was passed unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York


Joseph O’Malley, NYS DOT, and re: pedestrian bridge over Route 9.

Trustee Harkins asked specifically when the contract would be completed.  Treasurer Reardon said it would be within this calendar year.  Trustee McCarthy questioned the condition of the footplates.  She said they were discolored and thought they might not be up to code.

Timothy Rooney, Cablevision, re: assignment of franchise from MediaOne.

Treasurer Reardon summarized the resolution and suggested that the Board not pass it tonight, but to discuss it at the next work session.  Trustee Grant suggested meeting with representatives of MediaOne.  She added that rates are on the increase and would like to discuss what advantages there might be for Village residents.  Mr. Timothy Rooney came before the Board and suggested meeting and discussing the agreement in detail.  Trustees McCarthy said that other communities receive a senior citizen discount and would like to address this issue for Croton residents.

CITIZEN PARTICIPATION

Mr. Warren Burholt questioned the status of the Brook Street crossing illumination project.  Mayor Elliot said the Board is waiting for specifications from Metro North.  Mr. Burholt said Manager Herbek has explained to the project to him, but he understands there might be time constraints in connection with the funding of the project.  Mayor Elliot said there is no delays in the funding.  He added that hopefully it would be completed next year.

Mr. Joel Klein questioned the Board as to why there is no air conditioning in the meeting room.  Mr. Klein said that he understood there was an opportunity to have air conditioning included in the bond issue that replaced the windows and for less money.  Mayor Elliot said he received a recommendation from a firm a week or two ago.  He added that the vote requires a super majority and the Board did not have the votes the last time it came before the Board.  Trustee McCarthy stated that the Board approved a study to be done for a cost estimate and that due to administrative delays, the project was never completed.  Trustee Grant asked for clarification as to the steps so far that the Board had taken, and that she did not agree that administrative delays help the project up, it was a direct result of Trustees Daubney and McCarthy voting not in favor of the project.  Treasurer Reardon suggested waiting for Manager Herbek to be in attendance to go through it.  After some discussion concerning the project, Trustee Watkins suggested waiting until Manager Herbek can report to the Board on the project and then to move forward and have the job completed.

RESOLUTIONS:

A.      On motion of Trustee McCarthy, seconded by Trustee Grant, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York.

WHEREAS, the Village Treasurer has reviewed the year to date expenditures for each department and recommends the following modifications:

1)      Increase   1620.110  by      $    5,300.00     ( Personnel Expense)
2)      Increase   1920.400  by      $    1,049.00     ( Municipal Dues )
3)      Increase   3120.100  by      $  16,988.00     ( Personnel Expense )
4)      Increase   3120.100  by      $  78,778.00     ( Personnel Expense O/T )
5)      Increase   3410.240  by      $  10,484.00     ( Coats & Boots )
6)      Increase   3410.470  by      $    1,309.00     ( Vehicle Repairs )
7)      Increase   7550.400  by      $         59.00     ( Celebrations )
8)      Increase   8160.415  by      $    5,155.00     ( Dumping Disposal Fees )
9)      Increase   9031.800  by      $       199.00     ( Medicare Benefits )
10)     Increase   9060.800  by      $251,441.00     ( Medical Benefits )
11)     Decrease  1110.100  by      $   7,000.00     ( Justice Personnel )
12)     Decrease  1110.120  by      $      300.00     ( Justice Personnel O/T )
13)     Decrease  1110.400  by      $ 10,200.00     ( Justice Contractual )
14)     Decrease  1110.420  by      $      950.00     ( Justice Supplies )
15)     Decrease  1230.100  by      $   2,900.00     ( Personnel Services )
16)     Decrease  1230.110  by      $   6,800.00     ( Personnel Services P/T )
17)     Decrease  1230.120  by      $   1,000.00     ( Personnel Services O/T )
18)     Decrease  1355.110  by      $      600.00     ( Personnel Services P/T )
19)     Decrease  1355.200  by      $      700.00     ( Assessor Equipment )
20)     Decrease  1355.400  by      $   1,450.00     ( Assessor Contractual )
21)     Decrease  1355.420  by      $      310.00     ( Assessor Supplies )
22)     Decrease  1420.110  by      $      450.00     ( Law Personnel P/T  )
23)     Decrease  1420.400  by      $ 18,650.00     ( Law Contractual )
24)     Decrease  1960.400  by      $ 14,100.00     ( Refunds on Real Property)
25)     Decrease  3510.110  by      $   1,400.00     ( Control of Animals P/T )
26)     Decrease  3510.470  by      $      600.00     ( Control of Animals Repairs )
27)     Decrease  5010.100  by      $ 23,000.00     ( Street Admin Personnel )
28)     Decrease  5110.420  by      $   2,000.00     ( Street Maintenance Supplies )
29)     Decrease  5110.470  by      $   5,700.00     ( Street Maintenance Repairs )
30)     Decrease  5140.111  by      $   6,600.00     ( Brush & Weeds  P/T )
31)     Decrease  5140.120  by      $   1,500.00     ( Brush & Weeds  O/T )
32)     Decrease  5140.400  by      $   1,200.00     ( Brush & Weeds  Contractual )
33)     Decrease  5140.470  by      $   1,900.00     ( Brush & Weeds Vehicle Repair )
34)     Decrease  5182.110  by      $   5,500.00     ( Street Lighting P/T )
35)     Decrease  5182.200  by      $   3,600.00     ( Street Lighting Equipment )
36)     Decrease  5182.420  by      $   3,200.00     ( Street Lighting Supplies )
37)     Decrease  5183.110  by      $   4,990.00     ( Public Works Misc.)
38)     Decrease  5650.110  by      $   6,300.00     ( Parking Part Time )
39)     Decrease  5650.120  by      $   1,232.00     ( Parking Part Time O/T )
40)     Decrease  6410.400  by      $   1,700.00     ( Publicity Expenses )
41)     Decrease  7510.200  by      $   1,500.00     ( Historical Equipment )
42)     Decrease  8010.400  by      $   1,400.00     ( Planning Board Expenses )
43)     Decrease  8090.400  by      $   1,500.00     ( Recycling Disposal Fees )
44)     Decrease  8120.110  by      $   2,200.00     ( Sewer Personnel Expense )
45)     Decrease  8120.400  by      $   1,800.00     ( Sewer Contractual )
46)     Decrease  8120.420  by      $   1,000.00     ( Sewer Supplies )
47)     Decrease  8120.470  by      $      900.00     ( Sewer Vehicle Repairs )
48)     Decrease  8140.110  by      $   7,300.00     ( Storm Sewer Personnel Expense )
49)     Decrease  8140.120  by      $      500.00     ( Storm Sewer Personnel Exp. O/T )
50)     Decrease  8140.420  by      $   2,300.00     ( Storm Sewer Supplies )
51)     Decrease  9010.800  by      $ 27,300.00     ( Retirement ERS )
52)     Decrease  9015.800  by      $149,600.00    ( Retirement Police )
53)     Decrease  9030.800  by      $  12,700.00    ( F.I.C.A. )
54)     Decrease  9040.800  by      $  16,000.00    ( Workers Comp. Insurance )
55)     Decrease  9045.800  by      $    3,050.00    ( Life Insurance )
56)     Decrease  9050.800  by      $    2,700.00    ( Unemployment Insurance )
57)     Decrease  9061.800  by      $    2,500.00    ( Dental Insurance )
58)     Decrease  9062.800  by      $       680.00    ( Medicare Reimbursement )

NOW  THEREFORE BE IT RESOLVED that the Village Treasurer amend the 1999 -2000 General Fund budget to reflect these changes.

        Discussion:  Trustee Watkins asked if items 1-10 were the ones the Board had discussed in great detail and if these numbers are for this fiscal year.  Treasurer Reardon said they were for this year, however he couldn’t control some of these costs.  He added that he meets with department heads and tries to predict the expenses.  In particular, Trustee Watkins questioned item # 52.  Treasurer explained, in detail, the process of billing and forecasting the Village’s expenses.  Trustee Harkins questioned item # 10.  Treasurer Reardon explained the Village’s migration from Pompco to Empire for health coverage required the Village to recognize this expense.  Trustee Grant asked for an explanation as to why police overtime was so high.  Treasurer Reardon explained that one officer is on extended leave and another is on sick leave.  He added that the main reason for the overtime is the settling of the 2-year police contract.  Treasurer Reardon said he would report more closely to the Board so there are no surprises.

B.  On motion of Trustee Grant, seconded by Trustee McCarthy, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York

WHEREAS the Treasurer wishes to allocate funds to existing projects from the transfer to Capital Fund from the Water Fund accounts; and,

WHEREAS,  the Village Treasurer wishes to amend the 1999-2000 Capital fund budget effecting the following accounts; and

Increase  3-8340.0200.9900.47   by    $  30,000.00  ( Well Field #3 )
Increase  3-0003.5031.9900.47   by    $  30,000.00  ( Well Field #3 )

Now Therefore be it resolved that the Village Treasurer amend the 1999 –2000 Capital Fund budget to reflect these changes.

C.  On motion of Trustee Grant seconded by Trustee McCarthy, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York

WHEREAS, the Village Treasurer has reviewed the year to date expenditures for each department and recommends the following modifications:

b.      Increase   002-8320.110  by      $   18,412.00     ( Personnel Expense)
c.      Increase   002-8320.120  by      $   34,946.00     ( Personnel O/T )
d.      Increase   002-9010.800  by      $   13,064.00     ( Retirement )
e.      Increase   002-9030.800  by      $     4,184.00     ( F.I.C.A. )
f.      Increase   002-9030.800  by      $     1,012.00     ( Medicare )
g.      Increase   002-9060.800  by      $     1,531.00     ( Medical Benefits )
h.      Decrease  002-1990.400  by      $   15,859.75     ( Contingent )
i.      Decrease  002-8310.110  by      $        330.00     ( Personnel O/T )
j.      Decrease  002-8310.400  by      $     6,925.00     ( Contractual )
k.      Decrease  002-8340.400  by      $    25,900.00    ( Contractual )
l.      Decrease  002-8340.417  by      $      2,600.00    ( Pavement Replacement )
m.      Decrease  002-8340.420  by      $      5,500.00    ( Supplies )
n.      Decrease  002-8340.470  by      $    16,034.25    ( Repairs to Vehicles )

NOW  THEREFORE BE IT RESOLVED that the Village Treasurer amend the 1999 -2000 Water Fund budget to reflect these changes.

        D.  On motion of Trustee Grant, seconded by Trustee Watkins, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York

WHEREAS, one of the air conditioning units in the Municipal  building was in need of replacement on an emergency basis; and

WHEREAS, funds to replace said unit were not budgeted in the building account for air conditioning emergencies; and

WHEREAS, the Treasurer has requested funds in the 2000-2001 budget to be amended to address the repair; and

WHEREAS: the Treasurer has reviewed the budget and has requested the following budget transfer to accommodate this purchase:

Increase   001-1620.200  by      $  3,465.00     ( Contractual Expense )
Decrease  001-1990.400  by      $  3,465.00     ( Contingent )

Now Therefore be it resolved that the Village Treasurer amend the 2000 -2001 General Fund budget to reflect these changes.

        E. On motion of Trustee Grant, seconded by Trustee McCarthy, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York

WHEREAS, the Recreation department collects funds from Village residents for various junior and senior recreation programs throughout the year which are then deposited into the Trust fund; and

WHEREAS, the personnel to run these programs are subsequently paid from the General fund Recreation budget. As these programs are not funded, the Treasurer must open both sides ( Expense & Revenue ) of the General fund budget to accept the deposit of funds transferred from the Trust fund; and

WHEREAS, the Treasurer is required to complete a funding resolution, bring it before the Village Board, and request the funds be moved from Trust to amend the General fund budget so the part time counselors can run the programs; and

           WHEREAS: the Treasurer wishes to be given permission to move such funds that
are caused to be deposited into the Trust fund without bringing each transaction to the Village Board. Now Therefore be it

           RESOLVED that the Village Treasurer is hereby authorized to increase the 2000 -2001 General Fund budget to reflect the deposits that must be moved from the Trust fund as described above.

        1. Increase 001-7145.0110  by  $ 3,895.00   ( Recreation P/T )
        2. Increase 001-0001- 2001 by  $ 3,895.00   ( Recreation Fees

F.  On motion of Trustee Grant, the following resolution was tabled by the Board of Trustees of the Village of Croton-on-Hudson, New York:  

WHEREAS, in 1997 the Village applied for a grant through the Clean Water/ Clean Air Bond Act for the removal of railroad ties from the Croton Bay as part of the Wetland Restoration and Interpretation Project, and

WHEREAS, the railroad tie removal project has been funded with a reimbursement up to $50,000 for a $100,000 project through the Clean Water/ Clean Air Bond Act, and

WHEREAS, various agencies have been working toward the establishment of the project tasks and products to include the NYSDEC, United States Military Academy staff at West Point, Metro North Railroad, Hudsonia and the Village, and

WHEREAS, it is now necessary to enter into a contract with New York State for this aquatic habitat restoration project known as the Croton Bay Railroad Tie Removal Project,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign Contract Number C300796 which provides for twelve specific tasks involving the removal of railroad ties in the Croton Bay for a total contract cost of $100,000 with $50,000 being provided through the Clean Water/ Clean Air Bond Act.

        Discussion:  Trustee Grant asked what specifically, the $50,000 would be used for.  Mayor Elliot said it would be used to remove a portion of the railroad ties from the Croton Bay.  After some discussion concerning the amount of funds to be paid by the Village, the Board elected to table the motion.

G.  On motion of Trustee Grant, seconded by Trustee Harkins, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York with the following vote:  

WHEREAS, upon the completion of a loss control survey by the New York Municipal Insurance Reciprocal (NYMIR) it was suggested the Village create and adopt an Americans With Disabilities Act (ADA) Employment Policy; and  

WHEREAS, the following policy conforms to Title II of the ADA, which covers public entities and any of their departments, agencies, or other instrumentalities; and

WHEREAS, reasonable accommodations to the known physical or mental limitations of otherwise qualified applicants or employees with disabilities are required, unless the Village can show that the accommodation would impose an undue hardship on the operation of its programs.

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to adopt the following Americans With Disabilities Act Employment Policy and create a working environment that conforms to this policy:

Americans With Disabilities Act Employment Policy

It is the policy of the Village of Croton-on-Hudson to fully comply with the provisions and spirit of the ADA and ensure equal employment opportunity for all qualified persons with disabilities.  All employment practices, such as recruitment, hiring, promotion, demotion, layoff and return from layoff, compensation, job assignments, job classifications, paid or unpaid leave, fringe benefits, training, employer-sponsored activities, including recreational or social programs will be conducted so as not to discriminate unlawfully against persons with disabilities.  This also extends to prohibit discrimination based on a person’s relationship or association with a disabled individual.  Reasonable accommodation is available to all qualified employees and applicants with disabilities, unless it imposes an undue hardship on the operations of a program.

        Pre-employment inquiries are made only regarding an applicant’s ability to perform the duties of the position and not any disabling condition.  Pre-employment physical exams will only be requested when in compliance with the law.  The Village of Croton-on-Hudson intends to base employment decisions on principles of equal employment opportunity and nondiscrimination, as defined by law.

        Qualified individuals with disabilities are entitled to equal pay and other forms of compensation (or changes in compensation) along with work assignments, classifications, seniority, leave and all other forms of employment compensation or advantage.
        
The Village of Croton-on-Hudson has designated Margaret Keesler, Deputy Clerk, One Van Wyck Street, Croton-on-Hudson, NY 10520, 914-271-4848 to monitor
efforts to ensure the municipality’s compliance with the ADA, and to receive complaints of discrimination against disabled persons.  Any person who believes they are a victim of discrimination can direct a written complaint to this person.  This procedure is not intended to restrict an individual’s rights to make a complaint to a federal or state agency.

        The Village of Croton-on-Hudson’s policy is to investigate all such complaints and their resolutions thoroughly and promptly.  To the fullest extent practical, the Village of Croton-on-Hudson will keep complaints and their resolutions confidential.  If an investigation confirms that discrimination has occurred, the Village of Croton-on-Hudson will take corrective action, including any discipline that is appropriate up to and including immediate termination of employment of the offender.  The Village of Croton-on-Hudson will cooperate with any state or federal agency in the investigation of any complaints.

H.  On motion of Trustee Grant, seconded by Trustee Watkins, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York with the following vote:  

WHEREAS, upon the completion of a loss control survey by the New York Municipal Insurance Reciprocal (NYMIR) it was suggested the Village create and adopt an Equal Opportunity Employment Policy; and  

WHEREAS, this policy promotes an equitable working atmosphere; and

WHEREAS, this policy can be very useful in defending the municipality against ‘Civil Rights’ claims.

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to adopt the following Equal Opportunity Policy and create a working environment that conforms to this policy:
        
Equal Opportunity Policy

The Village of Croton-on-Hudson is an Equal Opportunity Employer.  Discrimination on the basis of race, color, sex, religion, age, national origin, marital status, disability or veteran status will not be tolerated.

This policy applies to all terms and conditions of employment, including but not limited to employment advertising, hiring, placement, compensation, training, promotion, demotion, termination, layoff, transfer, disciplinary actions, leave of absence or any other benefits.  Discrimination based on any of the above is strictly prohibited and any supervisor, administrator, or employee, who engages in or tolerates such behavior is subject to disciplinary action in accordance with the Civil Service Law, collective bargaining agreements or any other State or Federal Laws.

        If an employee believes that he or she has encountered violations of this policy, the employee may advise his or her Department Head.  In addition, an employee can file a written complaint with Margaret Keesler, Deputy Clerk, One Van Wyck Street, Croton-on-Hudson, NY 10520, 914-271-4848 within (30) calendar days of the incident.  False accusations will be treated as a disciplinary offense and will result in the same level of punishment as would be administered to one who engages in such behavior.

The Village’s policy is to investigate all such complaints.  If an investigation confirms that a violation has occurred, the Village of Croton-on-Hudson will take corrective action, including any discipline that is appropriate up to and including termination of employment of the offender.
Discussion:  Trustee Grant asked if Trustee Harkins received a copy of the policy after he joined the Board. He said he had.

REPORTS

Treasurer Reardon referred to a memo from Manager Herbek concerning grant opportunities.  He asked the Board to review it for future discussion.  Trustee McCarthy said she wanted to review the grant application process.  She added that she wants to make sure when the Village applies for grants, the grant fits into the long term plans of the Village and more so that it fits into timing of capital expenditures.  She doesn’t want to see the Village applying for grants just for the sake of it.  She added this is a concern due to the large debt of the Village.  Mayor Elliot said that the Village is in excellent financial condition and the debt the Village had incurred, from the construction of the parking lot, is self-liquidating.  Trustee McCarthy emphasized that she is concerned with the timing of the grant applications and how it fits into capital expenditures.  Trustee McCarthy added that she has a figure of $20 million in grant applications and would like for Mr. Herbek to confirm that number.  Trustee Grant stated that her concerns were more in terms of staff time dedicated in preparing the grants.  Trustee Grant also asked, for the next work session, if Trustee McCarthy could reference any grant applications that did not fit the long-term plans of the Village.  Trustee Watkins also asked for recommendations from the staff as to which grants the Village should apply for.

Trustee McCarthy was given a suggestion by a resident to have a right of way for parking off Cleveland Drive for Bethel Cemetery.  The residents of Half Boon Bay are ready to have a meeting concerning the bike trail.  The Mayor said there is a developer in line and a meeting should be scheduled by the end of next week for the three entities.  Trustee McCarthy addressed a number of issues concerning traffic calming at the last work session including that the recommendation of the narrowing of Cleveland Drive is not advisable at this time.  However, radar enforcement will begin.  She also mentioned that the butler building was a topic at the work session.  In addition, Trustee McCarthy announced that the $17 million case against the Town of Cortlandt had been reversed and is currently being appealed.

Trustee Harkins requested the impact of grants to be a topic at the next work session.

Trustee Grant commented that no one from the community was at this evening’s meeting to address issues concerning the moratorium.  She stressed that residents’ input plays an important role in the Board’s decision making.

Mayor Elliott said that the Half Moon ship – the signature of the Hudson Valley, is one of five designs in the running for the New York quarter.

Trustee Grant made a motion to adjourn the meeting.  Trustee McCarthy seconded the motion; approved unanimously.


The meeting was adjourned at 9:33 P.M.

Respectfully submitted,


Carolyn Di Cuirci, Secretary


                                
Village Clerk