TOWN BOARD
TOWN OF OSSINING
BIRDSALL-FAGAN POLICE/COURT FACILITY
86-88 SPRING STREET – OSSINING, NEW YORK
FEBRUARY 10, 2009
7:30 PM
SUPERVISOR
Catherine Borgia
COUNCILMEMBERS
Geoffrey Harter Michael L. Tawil
David Krieger Northern Wilcher
AGENDA
I. CALL TO ORDER – Pledge of Allegiance – Roll Call
II. ANNOUNCEMENTS
III. PUBLIC COMMENT ON AGENDA ITEMS
IV. BOARD RESOLUTIONS
A. Approval of Minutes – January 27, 2009
Resolved, that the Town Board of the Town of Ossining hereby approves the
Minutes of the January 27, 2009 Regular Meeting as presented.B. Approval of Voucher Detail Report
Resolved, that the Town Board of the Town of Ossining hereby approves the
Voucher Detail Report dated February 10, 2009 in the amount of $33,092.34 for
2008 and in the amount of $451,597.28 for 2009.C. Appointment-Police Lieutenant
Resolved, that the Town Board of the Town of Ossining hereby appoints James
Provenzano as Police Lieutenant, effective February 11, 2009, at an annual salary of
$109,686.00 in accordance with the rules and regulations of the Westchester County
Personnel Department. The probationary period shall be for a minimum of twelve
(12) weeks to a maximum of fifty-two (52) weeks.D. Police Department-Resignation-Intermediate Clerk
Resolved, that the Town Board of the Town of Ossining hereby accepts, with regret,
the resignation of Catherine DiSisto as part-time Intermediate Clerk effective
February 13, 2009.E. Assessor’s Office-Personnel Adjustment
Whereas, the Assessor’s Office received grant funding for the employment of
Michelle Carnevale, Intermediate Clerk part-time, to perform data entry of
property record cards; and
Whereas, the funding for this project has been utilized and Michelle Carnevale’s
services under this grant have been completed;
Now, therefore be it Resolved, that the Town Board of the Town of Ossining hereby
acknowledges that the grant funds have been allocated and used towards a data
entry project in the Assessor’s Office, and that Michelle Carnevale will be
considered for part-time availability with the Town of Ossining on an as needed
basis.F. Rejection of Bids-Dump Body Assemblies, Spreader & Snow Plow
Resolved, that the Town Board of the Town of Ossining rejects the bids for two
Dump Body Assemblies, Spreader, & Snow Plow and authorizes the Town Clerk to
notify the bidders of the rejection based upon the recommendation of the
Superintendent of Highways and in accordance with Section 103(1) of The General
Municipal Law, it being determined that the best interests of the Town will be
served by the rejection of the bids and the re-advertisement for new bids with
revised bid specifications.G. Authorizing the Town Clerk to Advertise for Bids for Two Dump Body
Assemblies, Spreader & Snow Plow for Highway Department
Resolved, that the Town Board of the Town of Ossining hereby authorizes the Town
Clerk to advertise for Bids for Two Dump Body Assemblies, Spreader and Snow
Plow for use by the Town of Ossining Highway Department, to be returnable no
later than 10:00a.m. on Tuesday, March 3, 2009 in the Office of the Town Clerk, 16
Croton Avenue, Ossining, New York.H. Finance-Capital Project # 2009-2166-Design/Planning Phase-Stormytown
Road Pump Station Elimination
Resolved, that the Town Board of the Town of Ossining hereby establishes Capital
Project # 2009-2166, entitled Design/Planning Phase-Stormytown Road pump
station elimination in the amount of $100,000 to be financed by a Bond Anticipation
Note.I. Finance-Capital Project # 2009-2167- Design/Planning Phase-Stonegate
Road Pump Station Elimination
Resolved, that the Town Board of the Town of Ossining hereby establishes Capital
Project # 2009-2167, entitled Design/Planning Phase-Stonegate Road Pump Station
Elimination in the amount of $65,000 to be financed by a Bond Anticipation Note.J. BOND RESOLUTION DATED FEBRUARY 10, 2009.
A RESOLUTION AUTHORIZING THE PREPARATION OF
PRELIMINARY PLANS AND SPECIFICATIONS FOR SEWER
IMPROVEMENTS AT A MAXIMUM ESTIMATED COST OF
$165,000 AND AUTHORIZING THE ISSUANCE OF $165,000
BONDS OF THE TOWN OF OSSINING, WESTCHESTER
COUNTY, NEW YORK TO PAY THE COST THEREOF.
BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the
total voting strength of the Town Board of the Town of Ossining, Westchester
County, New York, as follows:
Section 1. The preparation of preliminary plans and specifications for
sewer improvements in the Town of Ossining, Westchester County, New York, is
hereby authorized at a maximum estimated cost of $165,000.
Section 2. The plan for the financing of such maximum estimated cost is
by the issuance of $165,000 bonds of said Town hereby authorized to be issued
therefor pursuant to the provisions of the Local Finance Law.
Section 3. It is hereby determined that the period of probable usefulness
of the aforesaid specific object or purpose is five years, pursuant to subdivision 62 of
paragraph a of Section 11.00 of the Local Finance Law. It is hereby further
determined that the maximum maturity of the bonds herein authorized will not
exceed five years.
Section 4. The faith and credit of said Town of Ossining, Westchester
County, New York, are hereby irrevocably pledged for the payment of the principal
of and interest on such bonds as the same respectively become due and payable. An
annual appropriation shall be made in each year sufficient to pay the principal of
and interest on such bonds becoming due and payable in such year. To the extent
not paid from other sources, there shall annually be levied on all the taxable real
property in said Town, a tax sufficient to pay the principal of and interest on such
bonds as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power
to authorize the issuance of and to sell bond anticipation notes in anticipation of the
issuance and sale of the bonds herein authorized, including renewals of such notes,
is hereby delegated to the Supervisor of said Town, the chief fiscal officer. Such
notes shall be of such terms, form and contents, and shall be sold in such manner, as
may be prescribed by said Supervisor, consistent with the provisions of the Local
Finance Law.
Section 6. All other matters except as provided herein relating to the
bonds herein authorized including the date, denominations, maturities and interest
payment dates, within the limitations prescribed herein and the manner of execution
of the same, including the consolidation with other issues, and also the ability to
issue bonds with substantially level or declining annual debt service, shall be
determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall
contain substantially the recital of validity clause provided for in Section 52.00 of
the Local Finance Law, and shall otherwise be in such form and contain such
recitals, in addition to those required by Section 51.00 of the Local Finance Law, as
the Supervisor shall determine consistent with the provisions of the Local Finance
Law.
Section 7. The validity of such bonds and bond anticipation notes may be
contested only if:1) Such obligations are authorized for an object or purpose for which
said Town is not authorized to expend money, or
2) The provisions of law which should be complied with at the date of
publication of this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within
twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the
Constitution.Section 8. This resolution shall constitute a statement of official intent for
purposes of Treasury Regulations Section 1.150-2. Other than as specified in this
resolution, no monies are, or are reasonably expected to be, reserved, allocated on a
long-term basis, or otherwise set aside with respect to the permanent funding of the
object or purpose described herein.
Section 9. This resolution, which takes effect immediately, shall be
published in summary form in the Journal News, which is hereby designated as the
official newspaper of said Town for such purpose, together with a notice of the
Town Clerk in substantially the form provided in Section 81.00 of the Local Finance
Law.K. Authorizing the Town Supervisor to submit project listing forms to
New York State Environmental Facilities Corporation
Whereas, New York State Environmental Facilities Corporation provides low cost
financing to communities through the Clean Water State Revolving Fund (CWSRF)
and the Drinking Water State Revolving Fund (DWSRF). The State Revolving
Funds offer low cost financing to help communities, and in some cases private
entities, finance critical water quality projects; and
Whereas, the Town of Ossining would like to submit project listing forms to the
New York State Environmental Facilities Corporation to receive consideration for
the financing of the Stormytown Road and Stonegate Road pump station
elimination projects, and if approved, submit a completed application package,
Now, therefore be it Resolved, that the Town Board of the Town of Ossining hereby
authorizes the Town Supervisor to submit project listing forms to the New York
State Environmental Facilities Corporation, Clean Water State Revolving Fund, to
request low interest financing for the Stormytown Road and Stonegate Road pump
station elimination projects.L. CERTIORARI SETTLEMENT
Briar Oaks Condominium
vs.
Town of Ossining
WHEREAS, proceedings pursuant to Article 7 of the Real Property Tax Law of the
State of New York were instituted by, Petitioner, Briar Oaks Condominium, against
the Town of Ossining to review the tax assessments made on Petitioner’s property
located on Chappaqua Road in the Town of Ossining, and designated on the tax
assessment map of the Town of Ossining as Section 90.19 Block 2 , Lots 13./0012
through 13./0026; for assessment years 2008, which proceedings are now pending in
the Supreme Court of the State of New York, County of Westchester, under Index
Nos. 21434/08; and
WHEREAS, the above Petitioner has agreed to a compromise and settlement of
such proceedings, subject to the approval of the Town Board, correcting and
reducing the assessed valuation of its real property and improvements, as follows:
Unit Number
Original Assessment Corrected AssessmentReduction
353-12 16,400 13,268 3,132
353-15 17,500 12,688 4,813
353-16 18,900 13,703 5,198
353-21 18,300 13,268 5,033
353-22 22,600 16,385 6,215
353-23 17,900 12,978 4,923
353-24 17,220 12,485 4,736
353-25 20,500 14,863 5,638
353-26 22,600 16,385 6,215WHEREAS, the Town Board, upon the recommendation of the Assessor, concurred
in by the Deputy Town Attorney, finds the proposed settlement appropriate and in
the best interest of the Town of Ossining; now therefore it is
RESOLVED that settlement of the proceedings, on the terms set forth herein, is
hereby accepted and approved, subject to the approval of the Supreme Court,
Westchester County, wherein such proceedings are pending; and it is further
RESOLVED that the Deputy Town Attorney is hereby authorized and directed to
procure and execute any documents necessary to effectuate such settlement; and it is
further
RESOLVED, that the Assessor is authorized and directed to make the changes and
corrections to the individual unit assessments on the tax assessment rolls of the
Town of Ossining, which will be ordered pursuant to the Consent Judgment to be
entered in accordance with the terms of this settlement.
V. MONTHLY REPORTS
Resolved, that the Town Board of the Town of Ossining hereby accepts the reports
for the Month of January, 2009 from Town Clerk, Receiver of Taxes and Police
Department.
VI. VISITOR RECOGNITION
VII. ADJOURNMENT
Members of the public are welcome to attend an information presentation to the
Town and Village Boards of Ossining by Pace University, with respect to its study
on Intermunicipal Cooperation between the Town and Village of Ossining at 9:15
p.m. at the Municipal Building, 16 Croton Avenue, Ossining