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

MARCH 1, 2005

MAYOR

Eugene Napolitano

BOARD OF TRUSTEES

                        Miguel Hernandez                             Catherine Borgia

                        Marlene Cheatham

           

I.          CALL TO ORDER

            The Regular Meeting of the Board of Trustees of the Village of Ossining was held on March 1, 2005 in the Birdsall-Fagan Police/Court Facility, 86-88 Spring Street in Ossining.  The meeting was called to order at 7:30 p.m. by Mayor Eugene Napolitano.  Other members of the Board present were:  Marlene Cheatham and Catherine Borgia.  Trustee Miguel Hernandez was absent.   Also present were: Corporation Counsel Richard Leins; Assistant Village Manager Linda Abels; Police Chief Joseph Burton; Administrative Intern Christina Papes and Village Clerk Mary Ann Roberts.

II.        PUBLIC HEARING – In the matter of Local Law No. 1 of 2005, enacting Chapter 248 entitled “Trees” of the Village Code of the Village of Ossining.

            The public hearing was opened at 7:32 p.m. by the Clerk.

            At 7:47 p.m., Trustee Cheatham moved and it was seconded by Trustee Borgia that the public hearing be adjourned to a future meeting date.

                                                                                    Motion Carried: Unanimously

III.       SPECIAL PRESENTATION – Terence Reckard

            A proclamation was read by the Mayor and presented to Terry and Mary Reckard. Terry was a Village Trustee in 1988 and then became a member of the Village of Ossining Planning Board which he served on from 1989 through 2005. The Village has dedicated March 2, 2005 as Terry H. Reckard Day in the Village of Ossining.

IV.       MAYOR’S ANNOUNCEMENTS

            The Mayor reported that the local law public hearing would be continued at a later date and the Corporation Counsel would be meeting with the Environmental Committee to further discuss the proposed law. There will be a third meeting between the Village Planning Board, Village Zoning Board and the Village Board which will include Frederick P. Clarke as well. This meeting will be held on March 9, 2005 at 7:30 p.m. in the Joseph G. Caputo Community Center.

            The Board has completed the interview process for a new Trustee to fill Mayor Napolitano’s seat. They will be discussing the best candidates in order to make a selection to fill the seat.

            There will be a meeting with the Cappelli organization the week of March 7th with a public meeting to update the community within the next two weeks.

            Trustee Borgia announced that the Ossining Community That Cares will have an informational meeting at the Joseph G. Caputo Community Center on March 2, 2005 at 7 p.m.

            Trustee Cheatham reported that IFCA had gone to Albany the previous day to attempt to have funding which was cut from the budget restored.

V.        ADMINISTRATIVE REPORTS

            1.  Interim Village Manager Linda Abels reported that Section 8 has relocated to 16 Croton Avenue. The CDBG funding has been removed from the 2006 Federal Budget. The CDBG has funded many projects in the Village of Ossining including the pool project under construction at the present time. The CDBG has also provided funding during the years  to Open Door, Day Care Center, IFCA, etc. Please write letters to our Senator and Congressional representative to re-instate this funding. Thank you to the Highway and Sanitation personnel for a wonderful job in the snow removal for this past storm.

            2.  Police Chief Joseph Burton reported that the January 2005 blotter entries were 2032. The Department of Public Safety is sponsoring a Citizens Academy beginning on April 4, 2005 for a 10 week period. For further information on this program please call the Training Facility at 231-1827.

            3.  Corporation Counsel Richard Leins had no report this evening.

VI.       VILLAGE BOARD RESOLUTIONS – 3 minutes per person (with participation conditions.)

            A.  Approval of Minutes – February 15, 2005 Regular Meeting

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

            RESOLVED, that the Board of Trustees of the Village of Ossining hereby approves the Minutes of the February 15, 2005 Regular Meeting as presented:

                                                                        Motion Carried: Unanimously

           

B.  Approval of Minutes – February 22, 2005 – Special Meeting.

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

            RESOLVED, that the Board of Trustees of the Village of Ossining hereby approves the Minutes of the February 22, 2005 Special Meeting as presented:

                                                                        Motion Carried: Unanimously

            C.  Approval of Voucher Detail

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

            RESOLVED, that the Board of Trustees of the Village of Ossining hereby approves the Voucher Detail Report dated March 1, 2005 in the amount of $138,261.79 for the year 2004 and $568,845.94 for the year 2005.

                                                                        Motion Carried: Unanimously

            D.  Fire Department – Removal – Washington Hook & Ladder Co. #2

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

            RESOLVED, that upon the recommendation of the Fire Chief, the Board of Trustees of the Village of Ossining hereby removes member Brendan Donahue from the active rolls of the Washington Hook & Ladder Co. #2.

                                                                        Motion Carried: Unanimously

            E.   Resolution – Personnel

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

RESOLVED, that the Board of Trustees of the Village of Ossining upon recommendation of the Village Manager accepts the findings and recommendations of the hearing officer in the matter of employee number 4916.

 

                                                                        Motion Carried: Unanimously

F.    Resolution – Finance General Fund - Modifications

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

RESOLVED, that the Board of Trustees hereby modifies the budget for the following General Fund Accounts:

Increase:

Appropriated Fund Balance              001-0001-0599                        $391,200.00

Police Dept., Vehicles (2 Marked Car)       001-3120-0207             $46,000.00

Police Dept., Equipment (2-VCAD)  001-3120-0201                        $36,000.00

Police Dept., Equipment (2-Car Video Cameras)   

001-3120-0201                         $14,000.00

Parks Dept., Repair/Maint. Parks    (Repave Basketball Courts-Snowden)                                                                                             001-7110-0485                        $20,000.00

Parks Dept., Repair/Maint. Parks    (Fountain/Lights-Nelson Sitting Park)         

001-7110-0485                        $15,000.00

Parks Dept., Maint. Of Tennis Courts (Electric Sprinkler)           

001-7110-0488                        $10,000.00

Fire Dept., Equipment (5-Exhaust Systems)                                   

001-3410-0260                        $35,000.00

Fire Dept., Equipment (50 Scott Packs/25 Air bottles)       

001-3410-0260                        $161,200.00

Armory Building Maint., (windows)  001-1630-0432                        $20,000.00

Transfer to Capital Projects (CDBG-Nelson Park)            

000-9550-0850                        $34,000.00

                                                                        Motion Carried: Unanimously

G.   Finance – Establishing Capital Project - Nelson Park Improvements 

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

RESOLVED, that the Board of Trustees hereby establishes the budget of the following capital project:

Project #         Project Name                                     Year    Original Budget

7110-2065       Nelson Park Improvements              2005    $75,000.00; and it is further

RESOLVED that the aforesaid budget shall be funded by the following:

From:  Community Development Block Grant (CDBG)       $41,000.00

           

RESOLVED, that the aforesaid budget shall be funded by the following transfers:

            General Fund-Transfer to Capital    001-9550-0850            $   34,000.00 (CDBG match)

T      Nelson Park Improvements             505-7110-2065            $   34,000.00

                                                                        Motion Carried: Unanimously

H.     Non-Resident Fire Department Volunteers

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

            WHEREAS, Robert Spatta, residing at 94 Maple Place, Croton-on-Hudson, New York and Patrick Maron, residing at 18 English Lane, Dobbs Ferry, New York, are volunteer firefighters qualified as interior and exterior firefighters who are members of the Croton and Dobbs Ferry Fire Departments respectively, but who by reason of their occupation are regularly in the Village of Ossining, and have volunteered their services to assist the Village of Ossining Fire Department;

           

NOW, THEREFORE, BE IT RESOLVED, that in accordance with General Municipal Law Section 209-i, the Fire Chief is authorized to accept the offer of assistance as volunteer firefighters from Robert Spatta and Patrick Maron to assist the Village of Ossining Fire Department on an on-going basis at a fire or other emergency scene.

                                                                        Motion Carried: Unanimously  

I.   Certiorari Payment-Metallized Carbon Corporation

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

            WHEREAS, certain tax certiorari proceedings were instituted against the Town of Ossining by Metallized Carbon Corporation to review the assessment against Petitioner’s property situate at Hunter Street and Barlow Lane in the Village of Ossining and designated as Section 3, Plate 12, Block 35, Lot 36; Section 3, Plate 15, Block 35, Lots 15, 16, 18-20, 25-29, 29A and 37 for the assessment years 2002 and 2003 for the 2003 and 2004 taxes, which said proceedings are now pending in the Westchester County Supreme Court under Index Nos. 16395/02 and 14773/03; 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, a Consent Judgment was entered in favor of the Petitioner Metallized Carbon Corporation 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 the amount of overpayment of real estate taxes determined in accordance with the assessments fixed and determined by said Judgment in the amount of $15,770.57 as set forth in Schedule “A”; and

            WHEREAS, any and all refunds of taxes necessitated by said 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 taxes have been paid, hereby authorizes and directs the Village Treasurer to make the payment of such refund of real property taxes due to Griffin, Coogan & Veneruso, P.C. as attorneys for the Petitioner, Metallized Carbon Corporation, 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

J.   Personnel – Appointment of Interim Village Manager

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

RESOLVED, that the Board of Trustees hereby appoints Linda D. Abels as Interim Village Manager effective March 1, 2005 at an annual salary of $134,550.00.

                                                                        Motion Carried: Unanimously

K.    Recreation - Authorization to Advertise for Bids – 130 Hanging Flower

Baskets

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

           

RESOLVED, that the Village Clerk is authorized to advertise for Bids for 130 Hanging Flower Baskets, to be returnable to the office of the Village Clerk.   

 

                                                                        Motion Carried: Unanimously

 

L.     Grant Writing Consultant Services–Matthew D. Rudikoff Associates,Inc.

Trustee Borgia moved and it was seconded by Trustee Cheatham that the

following resolution be approved:

            RESOLVED, that the Board of Trustees hereby authorizes the Village Manager to retain Matthew D. Rudikoff Associates, Inc., 427 Main Street, Suite 201, Beacon, New York 12508, for grant writing services in accordance with the proposal and its attached rate schedule dated February 15, 2005.

                                                                        Motion Carried: Unanimously

VII.     VISITOR’S RECOGNITION – 7 minutes per person (sign-in sheet

                                                                   with participation conditions)

            Phil Faranda, Osage Drive, congratulated the Board on their recent election. The question that he had for the Board was the issue regarding the U-Turn on Osage Drive. This road is a circle and instead of making a u-turn they are going all the way around. He recalls being told by the previous Board that an Impact Study was going to be done with the possibility of posting a “No Thru Traffic Sign”.

            John Perillo, 72 Havell Street, requested the disposition of the Blasting Ordinance, The Boot and Tow Law, Flavor Science as well as the redevelopment of the downtown parcel (WECANDOIT parking lot). The sign program is complete. Also discussed were various aspects of the police department including random drug testing, the position of Captain and the intermediate account clerk in the department. Terry and Lynn are both great people and he wishes them well in their future endeavors.

            Gordon Albert, IFCA Executive Director, wanted to thank the Mayor, Supervisor and Superintendent of Recreation Henry Atterbury for providing transportation to Albany. Also discussed was the Cappelli Project and the hope that workforce/affordable housing would be incorporated in the plans.

            Penny Markowitz-Moses, 601 Eagle Bay Drive, made additional comments on the proposed tree ordinance.

VIII.    OLD BUSINESS OF THE BOARD

            Mayor Napolitano announced that a second meeting will take place at Assemblywoman Sandy Galef’s office with DOT, Briarcliff and Sleepy Hollow regarding the route 9 corridor.

IX.       NEW BUSINESS OF THE BOARD

            There was no old business of the Board.

X.        ADJOURNMENT

           

            At 8:54 p.m., Mayor Napolitano moved and it was seconded by Trustee Cheatham that the Regular Meeting be adjourned in memory of Pearl Smith passing.

 



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