The Village of Ossining, NY

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VILLAGE OF OSSINING

VILLAGE BOARD OF TRUSTEES - REGULAR MEETING

POLICE / COURT FACILITY

86-88 SPRING STREET

OSSINING, NEW YORK

AUGUST 5, 2003

MAYOR

John Perillo

BOARD OF TRUSTEES

Miguel Hernandez Marcia MacNeill

Eugene Napolitano Anthony Parise

I. CALL TO ORDER

The Regular Meeting of the Board of Trustees was held in the Police-Court Facility 86-88 Spring Street, Ossining, New York 10562. The meeting was called to order at 7:37 P.M. by Mayor John Perillo. Members of the Board present were Trustee Napolitano, Trustee MacNeill, Trustee Parise and Trustee Hernandez. Others present were Village Corporation Counsel Richard Leins, Police Lt. Michael McElroy, Administrative Intern Christine Marx and Village Clerk Mary Ann Roberts. Village Manager Paul Shew and Chief Burton were absent.

II. MAYOR'S ANNOUNCEMENTS

The Mayor reported on the following: A memo outlining the game plan for addressing the concerns of the Board is due upon the Chief's return from vacation.

Deputy Corporation Counsel interviews are now taking place. The July 24th Harbor Square Informational Meeting was well attended. Concerts are taking place twice per week at harbor Square on Thursday evenings and either at Market Square or the Nelson Sitting Park on Friday or Saturday evening. Additional Police interviews are underway. Open Door is still under renovations. The WeCAnDoIt Wall is being converted into a parking lot slowly due to the use of volunteers. Thank you again to the DPW for a job well done. The Mayor also requested that we support our local businesses. He also stated he was behind in his correspondence, but would be working on that this weekend.

III. PUBLIC HEARING - In matter of Introductory Local Law #4 - 2003 - A Local Law amending Chapter 8 of the Village Code of the Village of Ossining entitled, " Civilian Review Board."

The Mayor opened the public hearing at 7:37 P.M.

Tom Langston, Terrace Avenue, questioned how do we replace those coming off this Board?

L.A. Mangano, Ossining, expressed concern that the Village Board will have control over who is on this Board. Are the meetings open to the public? Lt. McElroy stated that they are not open to the public. Trustee Napolitano stated that there is no provision in the law to meet publicly.

Bobby Williams, Spring Street, expressed his concern that the Board would be biased towards the Police.

Tom Langston, Terrace Avenue, as a complainant will I know if the officer was disciplined. There are supposed to be several locations where there are forms available. Why did Miguel vote against original resolution?

Mayor stated forms are available at the Public Library, Community Center, Municipal Building and IFCA.

Trustee Hernandez does support the change in the legislation. The law doesn't work well.

Maxine Lawrence, Hamilton Avenue, stated that the community should know who is on the various Boards. Can we open up meeting once or twice a year? All Boards are open to the public except this one.

Steve Kern, Waller Avenue, questioned the reason for this Board.

Marie Gagliardi, Stone Avenue, questioned how many vacancies exist. How will you advertise? The Mayor responded that no vacancies exist at the present time. We will entertain resumes.

Tom Occhigrossi, Stone Avenue, questioned if the members review reports and if they have questions do they speak to the officers.

Lt. McElroy stated that the Chief would answer any questions.

At 8:30 P.M., Trustee Napolitano moved and it was seconded by Trustee MacNeill that the public hearing be closed.

IV. VILLAGE BOARD LIAISON REPORTS

Trustee Hernandez - No report

Trustee MacNeill - The Annual Fire Department Parade takes place on Friday, August 8, 2003 at 7:00 P.M. The parade starts at Roosevelt School and ends at Engel Park. Additional packets of the Informational Meeting regarding the Cappelli Project are being prepared.

Trustee Napolitano - No report

Trustee Parise - There will be a concert at Market Square on Friday, August 8, 2003 at 6:00 P.M. On Saturday, August 9, 2003 there will be movies at the Community Center following the Concert.

Mayor Perillo - The Police Interview process is continuing.

V. ADMINISTRATIVE REPORTS

1. Village Manager - O. Paul Shew - No report

2. Police Chief - Joseph Burton - Lt. Michael McElroy on behalf of the Chief Burton, stated that they were working on the best usage of the electric cars now that they are registered and ready to go. On July 29th, six individuals were arrested as traveling contractors and were out on $5000 bail. He issued a caution to homeowners to make sure that they only used registered contractors. The enforcement of speed has been stepped up. The Police are serious about slowing people down.

VI. VISITOR'S RECOGNITION - 7 minutes per person (Sign-in sheet with participation conditions. All speakers must sign-in by 7:45 P.M. to participate.)

Joe Clark, Audubon Drive, stated that the Pedestrian Crossing signs were a good thing and suggested one be placed across from Cambridge House due to the bus stop. A crosswalk is needed there.

Anne Negron, Ellis place, appreciated waterfront hearing but questioned the number of parking spaces. Does the Board feel they are adequate? Is there a long-term plan being worked on by the Chief for law enforcement?

Bobby Williams, Spring Street, discussed the duties of the Judge; rising of fees; boot law and the ticket blitz.

Marie Gagliardi, Stone Avenue, discussed the LWRP as it pertains to Harbor Square. The Plan does not meet LWRP criteria. Are we contractually obligated to change the zoning?

Michael Harris, Park Avenue, commended the Village Board on what they are doing. He is part of a community group that met to discuss law enforcement in the community as well as a broad range of other items. They will be meeting again at the Community Center on August 13.

Tom Langston, Terrace Avenue, discussed the presentation folder regarding Harbor Square and finds that it doesn't include a bandstand. Can Maue be left as is to allow it to have concerts held there.

Linda A. Mangano, Wolden Road, questioned several items including air conditioning units on the roof of the project adding 15'; parking ordinance and recycling.

Maxine Lawrence, Hamilton Avenue, discussed laundromat licenses and outdoor seating on Broad Avenue.

VII. VILLAGE BOARD RESOLUTIONS - 3 minutes per person (with participation conditions)

A. Approval of Minutes - July 15, 2003

Trustee Hernandez moved and it was seconded by Trustee Parise that the following resolution be adopted:

RESOLVED, that the Board of Trustees of the Village of Ossining hereby approves the Minutes of July 15, 2003 regular meeting as presented.

Motion Carried: Unanimously

B. Approval of Voucher Detail - August 5, 2003

Trustee Napolitano moved and it was seconded by Trustee Hernandez that the following resolution be adopted:

RESOLVED, that the Board of Trustees of the Village of Ossining hereby approves the Voucher Detail dated August 5, 2003 in the amount of $557,843.98.

Motion carried: 4 - 0 - 1

Ayes: Trustees Napolitano, MacNeill,

Parise & Hernandez

Abstain: Perillo

C. Fire Department - Driver - Cataract Hose Company

Trustee Napolitano moved and it was seconded by Trustee MacNeill that the following resolution be adopted:

RESOLVED, that upon the recommendation of the Fire Chief, the Board of Trustees of the Village of Ossining hereby appoints Manuel DaCruz, as a driver for the Ossining Fire Department, Cataract Hose Company.

Motion Carried: Unanimously

D. Call for a Public Hearing - Introductory Local Law # No. 5 2003, Enforcement of Parking Tickets

Trustee Hernandez moved and it was seconded by Trustee Parise that the following resolution be adopted:

RESOLVED, that the Village Clerk is hereby directed to advertise for a Public Hearing to be held on Tuesday, August 19, 2003 at the Village of Ossining Police Court Facility, 86-88 Spring Street, Ossining, New York at 7:30 P.M. in connection with the adoption of Introductory Local Law No. 5, 2003, A LOCAL LAW amending the Chapter 250 of the Village Code of the Village of Ossining, entitled, "VEHICLE AND TRAFFIC," by adding a new ARTICLE VII thereof, entitled "ENFORCEMENT OF PARKING TICKETS," to provide a procedure to enforce the answering of parking tickets and the payment of fines for parking violations by immobilizing vehicles that have been issued four or more unanswered parking tickets for which the aggregate permissible fines total $500.00 or more, at which time all interested parties will be heard.

Motion Carried: Unanimously

E. Finance - Modifying and Amending Capital Projects

Trustee Napolitano moved and it was seconded by Trustee Hernandez that the following resolution be adopted:

Resolved, that the Board of Trustees hereby modifies and amends the budgets of the following capital projects:

Project # Project Name Year Orig. Budget Amended Budget

95-17 Havell St Pump Station 1995 $ 45,000.00 $ 42,829.93

2000-08 Pump Sta. Upgrade (Havell) 2000 $388,000.00 $390,170.07; and it is further

Resolved that the aforesaid budget modifications and amendments shall be accomplished by the following transfers:

From: Havell St Pump Station 510-9517-0515 $ 2,170.07

T Pump Stat. Upgrade (Havell) 510-0510-0515-2000-0008 $ 2,170.07

Motion Carried: Unanimously

F. Finance - Modifying and Amending Capital Projects

Trustee Napolitano moved and it was seconded by Trustee Parise that the following resolution be adopted:

Resolved, that the Board of Trustees hereby modifies and amends the budgets of the following capital projects:

Project # Project Name Year Original Budget Amended Budget

2000-13 Telecomm. Upgrade 2000 $100,000.00 $101,848.52; and it is further

Resolved that the aforesaid budget modifications and amendments shall be accomplished by the following transfers:

From: General Fund-Transfer to Capital 001-9550-0850 $ 1,848.52

T Capital Fund-Telecommunication 505-0505-5031-2000-0013 $ 1,848.52

Motion Carried: Unanimously

G. Finance - Modifying and Amending Capital Projects

Trustee Napolitano moved and it was seconded by Trustee MacNeill that the following resolution be adopted:

Resolved, that the Board of Trustees hereby modifies and amends the budgets of the following capital projects:

Project # Project Name Year Original Budget Amended Budget

2002-28 Aerial Truck-Fire Dept. 2002 $705,000.00 $704,988.00; and it is further

Resolved that the aforesaid budget modifications and amendments shall be accomplished by the following transfers:

T Debt Serv. Fund-Transfer from Capital 011-0011-5036 $ 12.00

From: Capital Fund-Aerial Truck Fire Dept.

505-0505-0515-2002-0028 $ 12.00

Motion Carried: Unanimously

H. Finance - Modifying and Amending Capital Projects

Trustee MacNeill moved and it was seconded by Trustee Napolitano that the following resolution be adopted:

Resolved, that the Board of Trustees hereby modifies and amends the budgets of the following capital projects:

Project # Project Name Year Original Budget Amended Budget

9918 Acqu. Flavor Science 1999 $465,000.00 $465,206.02; and it is further

Resolved that the aforesaid budget modifications and amendments shall be accomplished by the following transfers:

From: General Fund-Transfer to Capital 001-9550-0850 $ 206.02

T Capital Fund-Acquisition Flavor Science 505-9918-5031 $ 206.02

Motion Carried: Unanimously

I. Finance - Modifying and Amending Capital Projects

Trustee MacNeill moved and it was seconded by Trustee Napolitano that the following resolution be adopted:

Resolved, that the Board of Trustees hereby modifies and amend the budget of the following capital project:

Project # Project Name Year Original Budget Amended Budget

2000-0009 Sing Sing Visitor Ctr. 2000 $280,000.00 $307,012.01; and it is further

To correctly reflect 2001 and 2002 sources of funding:

Previously stated As Amended

Town of Ossining $102,500.00 $104,512.01

Other Eco. Asst. County

/Empire State $ 75,000.00 $100,000.00

Motion Carried: Unanimously

J. Finance - Modifying and Amending Capital Projects

Trustee Hernandez moved and it was seconded by Trustee MacNeill that the following resolution be adopted:

Resolved, that the Board of Trustees hereby modifies and amend the budget of the following capital project:

Project # Project Name Year Original Budget Amended Budget

9505 Gym Door Repair 1995 $15,000.00 $30,000.00;

and it is further

To correctly reflect 1995 sources of funding:

Previously stated As Amended

Interfund Transfer $ .00 $10,000.00

Unclassified Revenue $ .00 $ 5,000.00

Motion Carried: Unanimously

K. Finance - Modifying and Amending Capital Projects

Trustee Napolitano moved and it was seconded by Trustee Parise that the following resolution be adopted:

Resolved, that the Board of Trustees hereby modifies and amend the budget of the following capital project:

Project # Project Name Year Original Budget Amended Budget

9709 Wood Chipper 1997 $20,000.00 $29,699.50;

and it is further

To correctly reflect 1999 sources of funding:

Previously stated As Amended

State Aid-Conservation Grant $ .00 $ 9,699.50

Motion Carried: Unanimously

L. Finance - Modifying and Amending Capital Projects

Trustee MacNeill moved and it was seconded by Trustee Parise that the following resolution be adopted:

Resolved, that the Board of Trustees hereby modifies and amend the budget of the following capital project:

Project # Project Name Year Original Budget Amended Budget

9919 Water Main Improvements 1999 $3,589,800.00 $3,569,400.00; and it is further

To correctly reflect source of funding:

Previously stated As Amended

Bond Resolution $3,500,000.00 $3,399,477.00

Town of Ossining $ 89,800.00 $ 169,923.00

Motion Carried: Unanimously

M. Finance - Modifying and Amending Capital Projects

Trustee Napolitano moved and it was seconded by Trustee Parise that the following resolution be adopted:

Resolved, that the Board of Trustees hereby modifies and amends the budgets of the following capital projects:

Project # Project Name Year Original Budget Amended Budget

94-11 Pleasantville Pump Station 1994 $116,000.00 $ 83,705.84

94-12 Pleasantville Pump Station 1994 $ 6,200.00 $ 1,200.00

95-17 Havell St Pump Station 1995 $ 45,000.00 $ 42,829.93

2000-08 Pump Stations Upgrade 2000 $388,000.00 $427,464.23

; and it is further

Resolved that the aforesaid budget modifications and amendments shall be accomplished by the following transfers:

From: Pleasantville Pump Station 510-9411-0515 $32,294.16

Pleasantville Pump Station 510-9412-0515 $ 5,000.00

Havell St Pump Station 510-9517-0515 $ 2,170.07

T Pump Stations Upgrade 510-0510-0515-2000-0008 $ 39,464.23

Motion Carried: Unanimously

N. Finance - Closing Various Capital Projects

Trustee Napolitano moved and it was seconded by Trustee Hernandez that the following resolution be adopted:

RESOLVED, that the Board of Trustees hereby closes the Capital Projects set forth in the Schedule below and authorizes the transfer of funds to cover the surplus or deficit for each project as therein described.

 

   

Village of Ossining

         
   

Capital Projects

         
   

To Be Closed

         
               
               

Project

Year

   

Transfer Into or

     

Number

Project Name

Transfer out of

     

GENERAL FUND

         
               

97-09

1997

Wood Chipper

$9,699.50

Transfer into General Fund

   

98-16

1998

Sanitation Refuse Truck

$0.00

Transfer into General Fund

   

2000-0013

2000

Telecommunications Upgrade

$0.00

Transfer into General Fund

   

2001-0019

2001

Vet. Park Soccer

$1,865.00

Transfer into General Fund

   

2002-0025

2001

Vet. Park Playground

$953.71

Transfer into General Fund

   
               
           

$12,518.21

 
               
               

WATER FUND

         
               

93-06

1993

AVIION System

$5,300.63

Transfer into Water Fund

   

94-11

1994

Pleasantville Pump Station

$0.00

Transfer into Water Fund

   

94-12

1994

Pleasantville Pump Station

$0.00

Transfer into Water Fund

   

95-17

1995

Havell Street Pump Station

$0.00

Transfer into Water Fund

   

98-11

1998

IBWTP Lime System

$155.41

Transfer into Water Fund

   
               
           

$5,456.04

 

Motion Carried: Unanimously

O. Adoption of Local Law #3 - 2003 - Municipal Lots

Trustee Hernandez moved and it was seconded by Trustee Napolitano that the following resolution be adopted:

A LOCAL LAW amending Chapter 250 of the Village Code of the Village of Ossining, entitled, Vehicles and Traffic, Article III, Section 250-32, Parking Times in Municipal Parking Lots, Subdivision A, to provide that three hour parking in Municipal Parking Lots Two, Three, Five through Ten and Twelve through Fifteen shall be permitted between the hours of 8:00 AM and 3:00 AM with no parking between 3:00 AM and 8:00 AM, except with "O" Overnight Parking Tag.

BE IT ENACTED, by the Board of Trustees of the Village of Ossining, as follows:

Section 1. Chapter 250, Article III, Section 250-32, entitled, Parking Time Limits in designated municipal lots, Subdivision A, is hereby amended to read and provide as follows:

Section 250-32 Parking time limits in designated municipal lots.

A. Parking is prohibited for a period of longer than three hours Monday through Saturday, in designated portions of Municipal Lots Two, Three, Five through Ten and Twelve through Fifteen. Three hour parking where designated, shall be permitted between the hours of 8:00 A.M. and 3:00 A.M., no parking shall be permitted in such areas between the hours of 3:00 A.M. and 8:00 A.M. except with an "O" Overnight parking tag.

Section 2. Except as herein modified all other portions of Section 250-32 shall remain the same.

Section 3. This Local Law shall take effect immediately upon publishing and posting as required by law.

Motion Carried: Unanimously

Roll Call Vote: 5 - 0 - 0

Ayes: Trustees Napolitano, MacNeill,

Parise, Hernandez & Mayor Perillo

P. Call for a Public Hearing - Introductory Local Law No. 6, "Conditional Uses Permitted Upon Approval of the Planning Board in Accordance with Article X"

Trustee Napolitano moved and it was seconded by Trustee MacNeill that the following resolution be adopted:

RESOLVED, that the Board of Trustees directs the Village Clerk to advertise for a Public Hearing in connection with the adoption of Introductory Local Law No. 5, 2003 a Local Law amending Section 270-22B(1) of the Village of Ossining Zoning Law entitled, "Conditional Uses Permitted Upon Approval of the Planning Board in Accordance with Article X," to correct an over site which occurred in connection with the adoption of the Zoning Law which effectively eliminated certain conditional uses intended to be permitted in the WD-2 Waterfront Development District - East Side of Railroad Tracks to be held on August 19, 2003 at 7:30 p.m. at The Police/Court Facility, 86-88 Spring Street, Ossining, at which time all interested parties will be heard.

Motion Carried: Unanimously

Q. Adoption of Local Law No. 4, 2003 (Introductory Local Law No. 4, 2003) "Civilian Review Board".

Trustee MacNeill moved and it was seconded by Trustee Napolitano that the following resolution be adopted:

RESOLVED, that the Board of Trustees of the Village of Ossining hereby adopts Local Law No. 4 of 2003, as follows:

A LOCAL LAW amending Chapter 8 of the Village Code of the Village of Ossining, entitled, "Civilian Review Board," to make various modifications and changes in connection with the administration and functioning of the Civilian Complaint Review Board (CPCRB).

BE IT ENACTED by the Board of Trustees of the Village of Ossining as follows:

Section 1. Chapter 8, entitled, "Civilian Review Board, Section 8.5, of the Village Code, "Selection and Appointment," Subdivision A (1), is hereby amended to read and provide as follows:

8.5 Selection and Appointment.

A (1) three members shall be appointed from a list of nominees selected by a CPCRB Nominating Committee consisting of at least five members to be chosen by the Village Board. The list of nominees put forward by the Committee shall contain no fewer than seven names, from which three members will be selected by the Village Board. No member of the Committee shall serve simultaneously on the CPCRB. Members of the Committee who wish to be considered as nominees for the CPCRB shall resign from the Committee and shall not participate in Committee discussions regarding the nominees list.

Section 2. Chapter 8, Civilian Review Board, Section 8.5 of the Village Code, entitled "Selection and Appointment," Subdivision A (4) is hereby amended to read and provide as follows:

8.5 Selection and Appointment.

A (4) In addition to the seven members, an alternate member shall be appointed from each of the selection categories. Alternates will serve on the CPCRB only when a member is absent or unable to participate due to a conflict of interest.

Section 3. Chapter 8, Civilian Review Board, Section 8.5, of the Village Code, entitled "Selection and Appointment," Subdivision D, Terms of Appointment, Subdivision (1) is hereby amended to read and provide as follows:

8.5 Selection and Appointment

D. Terms of Appointment

(1) Members of the CPCRB shall be appointed for two-year terms. To ensure continuity, members of the first appointed CPCRB shall serve staggered terms of one and two years. The length of the term of individual members shall be determined at the first meeting of the CPCRB by the drawing of lots, under the direction of the Chair, who will serve for a term of two years expiring on December 31, 2004. Three members shall serve for one year and three members shall serve for two years. Nothing herein to the contrary withstanding, the one-year terms shall expire on December 31, 2003 and the two-year terms shall expire on December 31, 2004. All members are eligible for reappointment at the expiration of their term.

Section 4. Chapter 8, Civilian Review Board, Section 8-10, of the Village Code, entitled "Quorum," is hereby repealed and a new Section 8-10, entitled, "Quorum" is hereby enacted to read and provide as follows:

8 -10 Quorum. In order for the CPCRB to conduct its affairs, five of the seven members must be in attendance. All actions taken by the review board shall require a majority of four votes.

Section 5. Chapter 8 Civilian Review Board, Section 8-14, entitled, "Annual Report," first sentence set forth and contained therein is hereby amended to read and provide as follows:

8-14 Annual Report. The Chief of Police and the CPCRB will issue an Annual Report Summarizing.

Section 6. This Local Law shall take effect upon filing with the Secretary of State and publishing as required by law.

Motion Carried: Unanimously

Roll Call Vote: 5 - 0 - 0

Ayes: Trustees Napolitano, MacNeill

Parise, Hernandez & Mayor Perillo

R. Fire Department - Resignation - Monitor Hose Company # 4, Inc.

Trustee Napolitano moved and it was seconded by Trustee MacNeill that the following resolution be adopted:

RESOLVED, that the Board of Trustees of the Village of Ossining accepts the resignation of Jeff Faiella, 11 Ellis Place, Ossining, New York as an active member of Monitor Hose Company # 4 effective as of July 8, 2003.

Motion Carried: Unanimously

S. Fire Department - Removal - Monitor Hose Company # 4, Inc.

Trustee Napolitano moved and it was seconded by Trustee MacNeill that the following resolution be adopted:

RESOLVED, upon recommendation of the Ossining Fire Chief, the Board of Trustees hereby removes the name of the late Sam Gizzi, 13 Ramapo Road, Ossining, New York from the active roles of the Monitor Hose Company # 4, Inc.

Motion Carried: Unanimously

VIII. OLD BUSINESS OF THE BOARD

None

IX. NEW BUSINESS OF THE BOARD

If you have any problems please contact any Board member. Spend time in downtown.

X. ADJOURNMENT

At 10:22 P.M., Trustee Napolitano moved and it was seconded by Trustee Hernandez that the regular meeting be adjourned in memory of Sam Gizzi.

 



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