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

JULY 1, 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 7:32 P.M. by Mayor John Perillo. Members of the Board present were Trustees Eugene Napolitano, Marcia MacNeill and Anthony Parise. Trustee Hernandez was absent. Others present were Deputy Village Manager Linda Abels, Police Chief Joseph Burton, Interim Treasurer Lynn McCrum, Village Clerk Mary Ann Roberts, Corporation Counsel Thomas Barnes, Deputy Corporation Counsel Richard Leins, Administrative Intern Christina Marx.

II. MAYOR’S ANNOUNCEMENTS

There will be a Harbor Square Meeting on July 7th at the Community Center. This will be an Executive Session.

On Saturday, June 28th, there was a Jazz Concert held at Harbor Square. There will be concerts on Thursdays at Harbor Square and at Market Square or Nelson Sitting Park on Fridays or Saturdays. The Beautification Program has been coming along well. There has been a concerted effort to clean up the Train Station including planting trees and paint. There will be an additional 100 commuter parking spaces. The Portuguese Festival was held despite the rain.

In October there will be an Italian American Festival. There will be no Special Work Session on Thursday, July 3rd. Paul Shew will be leaving Ossining to take the position of City Manager in Rye.

The Open Door is under going renovations inside and out. Behind the "We can do it Wall" are 44 temporary parking spaces. The Mayor thanked all of the Village employees for their work with the new Board.

III. VILLAGE BOARD LIAISON REPORTS

Trustee Napolitano - No Report

Trustee Parise - Requested information regarding the depth of the proposed pool. He was told that it legally could be no deeper than 5 feet.

Trustee MacNeill - The Hawkes Avenue Fire House is moving along. Paul Fraioli and Tom Barnes are working towards the funding for the State Street Firehouse. The annual fire department inspection was held on June 28th at the waterfront.

IV. ADMINISTRATIVE REPORTS

1. Village Manager - Linda Abels reported that there are two CDBG Projects that will begin this summer. The first is a handicap ramp at the Armory and the second is new sidewalks and landscaping on Croton Avenue.

2. Police Chief - Joseph Burton reported the Police Department participated in the burial of Father John Cavanaugh. Cardinal Egan celebrated the Mass at St. Augustine's.

3. Corporation Counsel - Thomas G. Barnes - No Report

V. EMPLOYEES OF DISTINCTION

1. Michael J. Brown was hired on January 19, 1991 and became a Sergeant in 1993 and is retiring after 22 years of service. Mike is a member of the Tactical Team. Chief Burton related that Mike started as a member of the Auxiliary Police and has gone full circle as the liaison to the Auxiliary. Mike was Chief Burton's first promotion. Mike's wife is now retired from the New York Police Department. Wednesday, July 2, 2003, has been designated as Michael J. Brown Day in the Village of Ossining.

2. Leonie E. Douglas was hired as an Intermediate Clerk in Public Works on July 11, 1983 and has risen to the title of Deputy Treasurer. She has been a dedicated employee for 20 years. Leonie thanked everyone and stated that she couldn't do it without God's help. Lynn McCrum commended Leonie on a job well done and reaffirmed that prayer does work, look at our fund balance.

VI. SWEARING IN OF POLICE OFFICERS

Chief Burton gave a brief history on the three new officers being sworn in. Ann K. Bell's grandfather was a Chief of Police in the Town of Ossining. Stephen W. Meudt is a member of the Ossining Fire Department. Calvin D. Smith is one of the youngest Life Members of the Fire Department. All three are graduates of Ossining High School.

A. Police Department - Personnel Appointment - Ann K. Bell

Trustee Napolitano 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 appoints Anna K. Bell as a 4th year Police Officer, effective July 7, 2003 at an annual salary of $67,451. This appointment is subject to a twenty-six week probationary period. (Police Officer Anna K. Bell is transferring to Ossining from the Town of Ossining Police Department).

Motion Carried: Unanimously

B. Police Department - Personnel - Stephen W. Meudt

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

Whereas, the County of Westchester Personnel Office has certified to the Village of Ossining a list of eligible candidates containing at least three names from the permanent appointment position of Police Officer; and

Whereas, Stephen W. Meudt is ranked on the aforesaid list of eligible; now therefore, it is

Resolved, that the Board of Trustees of the Village of Ossining, pursuant to the applicable provisions of the Civil Service Law and the Unconsolidated Laws of New York State, hereby appoints Stephen W. Meudt to the position of probationary Police Officer of the Village of Ossining Police Department, effective July 7, 2003 at an annual salary of $35,050. This appointment is subject to a probationary period of eighteen months.

Motion Carried: Unanimously

C. Police Department - Personnel Appointment - Calvin D. Smith

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

Whereas, the County of Westchester Personnel Office has certified to the Village of Ossining a list of eligible candidates containing at least three names from the permanent appointment position of Police Officer; and

Whereas, Calvin D. Smith is ranked on the aforesaid list of eligible; now therefore, it is

Resolved, that the Board of Trustees of the Village of Ossining, pursuant to the applicable provisions of the Civil Service Law and the Unconsolidated Laws of New York State, hereby appoints Calvin D. Smith to the position of probationary Police Officer of the Village of Ossining Police Department, effective July 7, 2003 at an annual salary of $35,050. This appointment is subject to a probationary period of eighteen months.

Motion Carried: Unanimously

·

SWEARING IN CEREMONY - Signing Oath of Office

Recess from 8:10 P.M. to 8:20 P.M.

VII. VISITOR RECOGNITION - 7 minutes per person (Sign-in sheet with

participation conditions. All speakers must sign in by 7:45 p.m. to

participate.

Nick Ripostella, Briarcliff Drive South, requested a clarification on three proposals for development: namely the year round open market place; the 121 unit Brandreth Pill Factory Condo's and the theater at the " We can do it" wall site. The Mayor advised that no formal proposals have been submitted. Mr. Ripostella also stated that Town Boards are also open to Village residents.

Bobby Williams, Spring Street, congratulated the new officers and commented on the wording of the oath, which included "Public Trust." He was also happy to see the diversity - a young lady, a young man and a young man of color.

Don DeBar, Ferris Place, spoke to Judy Herguth about IFCA's proposal of the year round open market place. He expressed his concern of the multiple projects being planned in the absence of a Master Plan. He also showed photos of the disrepair at 2 Church Street Plaza.

L.A. Mangano, Ellis Place, discussed a variety of topics including 2 Church Street, the Maue Property, the Village Website and overtime costs.

Tom Occhiograssi, Stone Avenue, thanked the Board, Police Department and Mayor for their assistance to the Neighborhood Group. He also commented on the building across from the Post Office with cars in the lot without plates.

John Visoky, Forest Avenue, discussed parking problems in the Village, the overhauling of the Senior Centers Pool and 2 Sherman Place.

Steven Kern, Waller Avenue, stated that there is a positive feeling in the Village.

 

 

VIII. VILLAGE BOARD RESOLUTIONS - 3 minutes per person (with

Participation conditions)

D. Approval of Minutes - June 17, 2003 - Regular Meeting

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 hereby

approves the Minutes of the June 17, 2003 Regular Meeting as presented.

Motion Carried: Unanimously

E. Approval of Voucher Detail Report - June 17, 2003

Trustee Napolitano 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 Voucher Detail Report dated July 1, 2003 in the amount of $287,074.94.

Motion Carried: Unanimously

F. Certiorari Payment - Michael McNeeley, Managing Agent, for 77 State Street, LLC.

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

WHEREAS, certain tax certiorari proceedings were instituted against the Town of Ossining by Michael McNeeley, as Managing Agent, for 77 State Street, LLC, to review the assessment against petitioner’s property situate at 77 State Street in the Village of Ossining and designated as Section 3, Plate 17, Block 41, Lot 12 for the assessment years 1999, 2000, 2001 and 2002 for the 2000, 2001, 2002 and 2003 taxes, which said proceedings are now pending in the Westchester County Supreme Court under Index Nos. 15300/99, 14465/00, 15404/01 and 17119/02; and

WHEREAS, the Village of Ossining ceased being a tax assessing unit in 1989 and now adopts the Town of Ossining Assessment Roll for the Village of Ossining as prepared by the Assessor of the Town of Ossining for all subsequent years; and

WHEREAS, an Order and Judgment was entered in favor of the Petitioner, MICHAEL MCNEELEY, as Managing Agent, for 77 State Street, LLC, against the Town of Ossining correcting, fixing and reducing the assessed valuations of the aforesaid real property and the improvements situate thereon, as set forth in Schedule "A" annexed hereto; and

WHEREAS, the aforesaid Order and Judgment, among other things, directs the Village of Ossining to audit and pay to the Petitioner, MICHAEL MCNEELEY, as Managing Agent, for 77 State Street, LLC, the amount of overpayment of real estate taxes determined in accordance with the assessments fixed and determined by said Judgment in the amount of $7,044.58, as set forth in Schedule "A"; and

WHEREAS, any and all refunds of taxes necessitated by said Order and Judgment are to be made without interest if paid within 60 days after service upon the Village of a Certified Copy of said Order; Now, Therefore,

BE IT RESOLVED, that the Board of Trustees of the Village of Ossining, upon certification by the Village Treasurer that all of the aforesaid real property taxes have been paid, hereby authorizes and directs the Village Treasurer to make the payment of such refund of real property taxes due to PAUL RICHMOND, ESQ., as attorney for MICHAEL MCNEELEY, as Managing Agent, for 77 State Street, LLC, as required by said Order and Judgment; and it is further

RESOLVED, that the Village Treasurer shall make a notation in the margin of the Assessment Rolls of the Village of Ossining that said assessments were reduced and payment of a refund of the overpayment of real property taxes was made pursuant to said Order and Judgment.

Motion Carried: Unanimously

G. Cancellation of Old Tax Liens

Trustee Napolitano moved and it was seconded by Trustee Parise that the following resolution be tabled.

WHEREAS, the village of Ossining holds old tax liens on various properties located within the Village which were previously acquired by the Village of Ossining or the Town of Ossining; and

WHEREAS, village of Ossining desires to cancel certain of these old tax liens inasmuch as the Village has acquired title to said properties, they are no longer enforceable or subject to cancellation by virtue of an Agreement between the Village and Town of Ossining pursuant to Real Property Tax Law Section 1150; and

WHEREAS, the following properties were acquired by the Town of Ossining pursuant to an In Rem Tax Lien Foreclosure and outstanding Village Tax Liens held by the Village of Ossining are required to be cancelled in accordance with an Agreement between the Village and Town:

1. Property formerly owned by Edwin A Kucharski, 37 Aqueduct Street, Section 3, Plate 9, Block 20, Lot 36;

2. Property formerly owned by Mark R. Capossella at 7 Aqueduct Street, Section 3, Plate 9, Block 20, Lot 23;

3. Property formerly owned by Jerry Smith at Rockledge Avenue, Section 3, Plate 31, Block 77, Lot 15;

4. Property formerly owned by Charlotte Litt at pine Avenue, Section 1, Plate 4B, Block 28, Lot 7;

5. Property formerly owned by Opic Corporation, consisting of underwater lands located off North Water Street, Section 3, Plate 2A, Block 1, Lots 3, 4 and 5; and

WHEREAS, the following properties were purchased by the Village of Ossining:

1. Property formerly owned by Gary Keller at 90 spring Street, Section 3, Plate 13, Block 28, Lot 19;

2. Property formerly owned by Robert Frodsham located at 147 Main Street, Section 3, Plate 10, Block 23, Lot 34;

3. Property formerly owned by Americo and Maria Pinho located as 149-151 Main Street, Section 3, Plate 10, Block 23, Lots 32 and 33; and

4. Property formerly owned by San Realty located at 155 Main Street, Section 3, Plate 10, Block 23, Lot 31; and

WHEREAS, Schedule "A" annexed hereto sets forth after each of the aforesaid properties the year and amount of taxes and penalties to be cancelled, totaling the sum of $137,779.91; therefore, be it

RESOLVED, that the Village of Ossining hereby cancels each of the tax liens and penalties set forth in Schedule "A" annexed hereto and made a part hereof for the reasons set forth above; and it is further

RESOLVED, that the Village Treasurer note in book of Tax Liens that such tax liens were cancelled pursuant to this Resolution.

Motion To Table: Unanimous

 

IX. OLD BUSINESS OF THE BOARD

Trustee Napolitano spoke of public safety issues. He indicated the rate of speed be checked on Donald Lane.

Trustee Parise questioned whether the new parking rules at the Railroad Station have gone into effect.

X. NEW BUSINESS OF THE BOARD

There was no new business.

XI. ADJOURNMENT

At 9:58, Trustee Napolitano moved and it was seconded by Trustee MacNeill that the regular meeting be adjourned in memory of Father John Cavanaugh.

 

 

Approved: ________________________

Mary Ann Roberts

Village/Town Clerk

 



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