The Village of Ossining, NY

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VILLAGE OF OSSINING

BOARD OF TRUSTEES – REGULAR MEETING

BIRDSALL/FAGAN – POLICE/COURT FACILITY

86-88 SPRING STREET

OSSINING, NEW YORK

FEBRUARY 1, 2005

7:30 P.M.

MAYOR

Eugene Napolitano

BOARD OF TRUSTEES

                        Miguel Hernandez                             Catherine Borgia

                        Marlene Cheatham

I.          CALL TO ORDER

The Regular Meeting of the Board of Trustees was held in the Birdsall/Fagan Police/Court Facility, 86-88 Spring Street, Ossining, New York. The meeting was called to order at 7:30 p.m. by Mayor Eugene Napolitano. Members of the Board present were Trustees Hernandez, Borgia and Cheatham.  Others present were Village Manager Lynn McCrum, Corporation Counsel Richard Leins, Assistant Village Manager Linda Abels, Police Chief Burton, Administrative Intern Christina Papes and Village Clerk Mary Ann Roberts.

II.        PUBLIC HEARING – In the matter of Sidewalk, Driveway Apron and Curb Assessments.

The Public Hearing was opened at 7:33 p.m.

Maria Velardo, 61 Prospect Avenue, apprised the Board of the damages being caused to her vehicle due to the poor workmanship to her driveway apron which was done during the paving process.

Mary Thompson, 62 Prospect Avenue, advised the Board of flat tires and her vehicle bottoming out when she attempted to enter or exit her driveway due to poor workmanship to the driveway apron which was done during the paving process.

Manuel Alves, 57 Yale Avenue, maintains that his driveway apron is too high and that when it rains the water runs into his house.

David Goodman, 66 Prospect Avenue, stated that his vehicle bottoms out and that the plastic piece in the front of his vehicle was broken due to this situation. There are also holes in sections of the new sidewalk.

Stanley Davis, 45 Lee Avenue, advised the Board of the fact that he submitted a notice of claim more than 10 months ago due to the shoddy workmanship done by ELQ Industries. He then read a statement to the Board regarding his problems with the Village and Gallagher Bassett in not dealing with his claim in a timely and professional manner.

Stephen Kern, 7 Waller Avenue, commented on the fact that his sidewalk was repaired in front of his house and whenever it snows or rains the surface becomes slippery.

Linda Caruso, Ellis Place, felt that the Village was zeroing in on one particular street rather than all over the community.

John Diamontopulos, owner of property at 4 Maple Place, Ossining, submitted a letter to be included in the Public Hearing so that it could be heard as his grievance.

At 7:55 p.m., Trustee Cheatham moved and it was seconded by Trustee Hernandez that the public hearing be closed.

III.       MAYOR’S ANNOUNCEMENTS

A special counsel meeting took place for the new Trustees to get a better understanding of the waterfront project. There will shortly be a meeting with Cappelli Enterprises and special counsel. Thus far, approximately 10 resumes` have been received by the Village for the empty Trustee seat. These individuals all have outstanding credentials. The Board will begin reviewing these resumes at the next meeting and hope to appoint a new Trustee by the mid to end of February. There will be a second Joint Meeting of the Village Board, Planning Board and Zoning Board on February 9, 2005 to discuss the Comprehensive as well as the Master Plan. Village Manager McCrum will be leaving the employ of the Village of Ossining on Friday, February 25th. We wish him well and thank him for a job well done.

IV.      SPECIAL PRESENTATION

The Mayor presented William A. Kress a proclamation and congratulations on his recent retirement from the Village of Ossining Police Department. Wednesday, February 2, 2005 has been designated as William A. Kress Day in the Village of Ossining. Chief Burton commented on the fact that the Village stole Sgt. Kress from New York City and that he was an asset to our department. The Chief also remarked that William A. Kress Day was also Ground Hog Day. Mr. Kress stated that is was an honor and a privilege to have worked with such a wonderful group of individuals and also congratulated Paul Schemmer on his promotion to Sergeant.

Patrolman Paul Schemmer was sworn in by Mayor Napolitano to the position of Sergeant in the Village of Ossining. Chief Burton stated that the Village of Ossining stole Paul from the Town of Ossining. Paul is an asset to the department since joining it due to the fact that he has taken on many tasks including Firearms Instructor, a member of the Entry Team and is basically the backbone of operations. Sgt. Schemmer thanked the Board, Chief, the police department, his family, friends, but most importantly his wife Valerie and his two sons, Jake and Chuck.

IV.       VILLAGE BOARD LIAISON REPORTS

            1.  Trustee Hernandez reported on this informational meeting that was held at the Bank with the Clock recently with approximately 35-40 people in attendance. There was much discussion on the history of the building and the setting up of an advisory committee. The Public is requested to contact Trustee Hernandez if they are interested in participating on this committee. February is Black History Month and there are several events taking place, one being held on February 11, 2005 from 6:30 – 8:30 p.m. at the Ossining High School. Ossining Matters has received a grant to fund some of there events.

            2.  Trustee Borgia had no report this evening.

            3.   Trustee Cheatham had no report this evening.

V.        ADMINISTRATIVE REPORTS

Village Manager McCrum read the last two paragraphs of his letter of resignation where he thanked a number of individuals for their support during his tenure as Manager. This week he signed off on the last letter for Storm Floyd Claims which amounted to $1.29 million including monies for Federal Highways and insurance reimbursements.

Chief Burton read a letter from Sgt. Damiano commending Patrolman Stovall and Patrolman Giorgio for apprehending a passenger in a vehicle with an active warrant in existence. The Chief also thanked Mr. DeCesaris for the new painting of the Hollow on the back wall of the Court Room.

Village Corporation Counsel Leins had no report this evening.

VI.       VILLAGE BOARD RESOLUTIONS

            A.  Approval of Minutes – January 18, 2005 Regular Meeting

            Trustee Cheatham moved and it was seconded by Trustee Borgia that the following resolution be adopted:

            RESOLVED, that the Board of Trustees of the Village of Ossining hereby approves the Minutes of the January 18, 2005 Regular meeting as presented:

                                                            Motion Carried: Unanimously

            B.  Approval of Voucher Detail

Trustee Cheatham 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 Report dated February 1, 2005 in the amount of $173,467.90 for the year 2004 and $366,940.76 for the year 2005.

                                                            Motion Carried: Unanimously

            C.    Police Department - Appointment - Sergeant – Paul E. Schemmer

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

RESOLVED, the Village of Ossining Board of Trustees hereby appoints Paul Schemmer to the position of Police Sergeant effective February 7, 2005, at the annual salary of $83,093.00.

                                                            Motion Carried: Unanimously

            D.  Sidewalk, Driveway Apron and Curb Assessments for 2004

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

Trustee Cheatham made a motion to amend and it was seconded by Trustee Hernandez that the motion be adopted as amended:

WHEREAS, various owners of real property within the Village of Ossining were issued (10) day notices by the Director of Operation (Director) to install concrete sidewalk and/or driveway aprons and curbs abutting their respective properties except with respect to those individual parcels whose owners submitted grievances or objections to such costs at the Public Hearing held February 1, 2005, until such time as such grievances or objections are reviewed and resolved to the satisfaction of the Board of Trustees; and

WHEREAS, the owners of such properties chose not to provide their own contractors for such installation, the Director had no alternative but to order the Village of Ossining Department of Public Works to install said sidewalks and/or  driveway aprons and curbs abutting these properties; and

WHEREAS, all owners were duly notified of the Public Hearing, held by the Board of Trustees on February 1, 2005 at 7:30, prevailing time to publicly hear any grievances or objections why costs shall not be assessed and made a lien against their respective property as provided under Sections C5-23 and C5-32 of the Charter of the Village of Ossining; and

WHEREAS, the Board of Trustees has determined that said itemized costs are just and shall be assessed against the properties as shown on the attached Schedule.

                                                                        Motion Carried: Unanimously

           

             E.  DPW – Authorization to advertise for Bids – Materials and Supplies for 2005

           

            Trustee Borgia moved and it was seconded by Trustee Cheatham that the following resolution be adopted:

            RESOLVED, that the Village Clerk is authorized to advertise for Bids for Materials and Supplies for 2005, to be returnable to the office of the Village Clerk.

                                                                        Motion Carried: Unanimously

             F.  Village Corporation Counsel – Appointment – Richard A. Leins, Esq. 

            Trustee Borgia moved and it was seconded by Trustee Cheatham that the following resolution be adopted:

            RESOLVED, that the Board of Trustees of the Village of Ossining hereby appoints Richard A. Leins as Corporation Counsel for a three-year term effective January 1, 2005 through December 31, 2007.

 

                                                                        Motion Carried: Unanimously

 

            G.    Deputy Corporation Counsel – Appointment – Sonia M. Tanksley, Esq.

 

            Trustee Cheatham 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 appoints Sonia M. Tanksley as Deputy Corporation Counsel for a one-year term effective January 1, 2005 through December 31, 2005.

                                                                        Motion Carried: Unanimously

  

             H.    Police Department - IMA – Westchester County Mutual Aid and Rapid Response Plan

            Trustee Cheatham 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 authorizes the Village Manager to enter into an agreement with The County of Westchester, Michaelian Office Building, 148 Martine Avenue, White Plains, New York 10601 for The Mutual Aid and Rapid Response Plan for a five year term commencing upon full execution by all signatory municipalities or July 31, 2005, whichever occurs sooner.

                                                                        Motion Carried: Unanimously

      I.    Public Works - Dvirka & Bartilucci – Storm Water Program Annual Filing

 

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

 

            RESOLVED, that the Board of Trustees of the Village of Ossining hereby authorizes the Village Manager to enter into an agreement for consulting services with Dvirka & Bartilucci, 70 West Red Oak Lane, White Plains, New York 10604 for the New York State Department of Environmental Conservation Storm Water Program Annual Filing at an amount not to exceed $8,400.00.

                                                                        Motion Carried:  Unanimously

            J.  Police Department – Authorization to advertise for Bids – Birdsall Fagan Police/Court Facility – Floor Covering

           

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

            RESOLVED, that the Village Clerk is authorized to advertise for Bids for Floors Covering, Carpet and Vinyl Project - Birdsall Fagan Police/Court Facility, to be returnable to the office of the Village Clerk.

 

                                                                        Motion Carried: Unanimously

 

            K.  Civilian Police Complaint Review Board - Appointments

 

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

 

 

            RESOLVED, that pursuant to Section 8-5 of the Village Code of the Village of Ossining the Board of Trustees hereby makes the following civilian appointments to the Civilian Police Complaint Review Board (CPCRB), subject to completion of required training:

                Members                                   For The Term of Office Running__

Carlos Castro                         from January 1, 2005December 31, 2005

William Huppuch                    from January 1, 2005December 31, 2005

Mary Jean LaRose               from January 1, 2005December 31, 2005

Denise Trotter                       from January 1, 2005December 31, 2006

Sharon Verdjo                        from January 1, 2005December 31, 2006

and;  it is further

 

            RESOLVED, that upon the recommendation of the Chief of Police, the Board of Trustees hereby makes the following appointments of  Police personnel to the CPCRB, subject to completion of required training:  Lieutenant Michael McElroy and Police Officer Michael Masullo as Police members for terms of office running from January 1, 2005 to December 31, 2006; and Sergeant James Montague and Police Officer George Byrne as alternate police members to such line and senior police officer members of the CPCRB, for terms of office running from January 1, 2005 through December 31, 2006 and from January 1, 2005 through December 31 2005 respectively.

                                                                        Motion Carried: Unanimously

            L.  DPW – Authorization to Advertise for Bids – Croton Avenue Sidewalk & Streetscape Improvement Project (CDBG Project)

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

            RESOLVED, that the Village Clerk is authorized to advertise for bids for the Croton Avenue Sidewalk & Streetscape Improvement Project (CDBG Project), to be returnable to the office of the Village Clerk.

                                                                                    Motion Carried: Unanimously

VII.     VISITOR’S RECOGNITION

Marie Gagliardi, 55 Stone Avenue, mentioned her wish list that she read at the previous meeting and went on to discuss the New Master Plan and whether it has been started. It is imperative that there be input from the residents. Also discussed was the fact that Ossining was trying to get away from the Prison town image and therefore it is not suitable to have a museum depicting the prison. If we must have a museum then there should be public input as well. She also questioned the Board as to what their vision of Ossining was for the future-a diverse community or a Co-op City.

Maureen Redmond, Sherwood Avenue, discussed the prior evenings Chamber of Commerce Meeting which was billed as “Meet the Mayor”. The next Business Expo Meeting of the Chamber will be held at the Landmark Diner and the subject will be “Fiscal Fitness”. Remember to mark your calendar for the 25th Annual Village Fair which will take place on June 11th.

Avis Jayantha, 32 Sherwood Avenue, advised the Board and the public regarding a fundraiser at the Ossining Moose Lodge on Saturday, February 19, 2005 from 6 – 10 p.m. to assist the Tsunami victims in rebuilding their Village and discussing the prospect of adopting this Village.

L.M. Caruso, resident, questioned whether the former Mayor had returned a MetroCom radio which had been given to him to use while he was Mayor, as well as the waterfront project and the backlog of parking tickets in the Village Court.

Bobby Williams, 168 Spring Street, thanked Lynn and his staff for the securing of various grants from the CDBG and looked forward to additional grants coming to the Village. He questioned whether the Village had a problem with equipment, salt supply, or manpower during this previous storm since the roads were not done as well as they have in the past.

Steven Kern, 7 Waller Avenue, discussed development issues such as the Elks, Cambridge Institute, Printex, Claremont Gardens and Snowden House.

Clay Tiffany, Briarcliff resident, discussed various police issues.

VIII.    OLD BUSINESS OF THE BOARD

            There was no old business of the Board.

IX.       NEW BUSINESS OF THE BOARD

            There was no new business of the Board.

X.        ADJOURNMENT

At 10:10 p.m., Trustee Cheatham moved and it was seconded by Trustee Borgia that the Regular Meeting be adjourned to Executive Session for purposes of discussing litigation.

 



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