Town of Ossining Board Agenda

 AGENDA

 


 TOWN BOARD



 BIRDSALL-FAGAN POLICE/COURT FACILITY

 86-88 SPRING STREET

 OSSINING, NEW YORK

 

DECEMBER 13, 2011

7:30 P.M.

 

SUPERVISOR

Catherine Borgia

 

COUNCILMEMBERS

Geoffrey Harter Michael L. Tawil

Peter Tripodi Northern Wilcher

 

I. CALL TO ORDER – PLEDGE OF ALLEGIANCE – ROLL CALL


 

II. Public Hearing- in the matter of Traffic Violations Bureau Local Law No. 9 of 2011


Public Hearing- in the matter of Emergency Alarms in the Town of Ossining Local
Law No. 10 of 2011

 

III. ANNOUNCEMENTS


 

IV. PUBLIC COMMENT ON AGENDA ITEMS


 

V. BOARD RESOLUTIONS


 

A. Approval of Minutes-Regular Meeting


 

Resolved, that the Town Board of the Town of Ossining hereby approves the

November 22, 2011 Minutes of the Regular Meeting as presented.

 

B. Approval of Minutes-Special Meeting


 

Resolved, that the Town Board of the Town of Ossining hereby approves the

November 15, 2011 Minutes of the Special Meeting as presented.

 

C. Approval of Minutes-Special Meeting


 

Resolved, that the Town Board of the Town of Ossining hereby approves the

December 1, 2011 Minutes of the Special Meeting as presented.

 

D. Approval of Minutes-Special Meeting


 

Resolved, that the Town Board of the Town of Ossining hereby approves the

December 6, 2011 Minutes of the Special Meeting as presented.

 

 D. Approval of Voucher Detail Report

 

Resolved, that the Town Board of the Town of Ossining hereby approves the
Voucher Detail Report dated December 13, 2011 in the amount of $265,840.76

 

E. Approve 2012 Budget


Resolved, that the Town Board of the Town of Ossining hereby approves the 2012
Budget for the Town of Ossining. Total appropriations for the 2012 entire Town
(10) Fund are $5,292,022. Total appropriations for the Unincorporated (20) Area
Fund are $3,672,145 and total appropriations for the Highway (31) Fund are


$2,207,249. Total appropriations for the Water and Sewer Funds are $469,929.
Total appropriations for the Fire/Light/Refuse Funds are $1,213,020. Total
appropriations for the Ambulance District are $536,728.

 

F. Dennis Kirby- Re-Appointment to Planning Board


 

Resolved, that the Town Board of the Town of Ossining hereby re-appoints Dennis
Kirby of Pheasant Ridge Road, Ossining, NY, to the Town of Ossining Planning
Board for a term of five years.

 

G. Appointment of Julie Davis as Seasonal Tax Clerk


Resolved, that the Town Board of the Town of Ossining hereby appoints Julie Davis
of Croton Avenue, Ossining, NY, to the position of Seasonal Part Time Intermediate
Tax Clerk, at a rate of $15.198 per hour.

 

H. Nicholas Piqueras- Amended Resolution to Appoint to Provisionary Status
Effective 1/3/2011


 

Resolved, that the Town Board of the Town of Ossining hereby changes the effective
date of re-appointment for Part-Time Police Officer Nicholas Piqueras to January 3,
2012 in accordance with Civil Service requirements.

 

I. Finance-Capital Project # 2011-2177,-Parks Truck

Resolved, that the Town Board of the Town of Ossining hereby authorizes the
establishment of Capital Project # 2011-2177,, entitled Parks Vehicle in the amount
of $53,273.62 to be fully funded by Fund Balance and municipal borrowing.

 

J. Tax Cert Resolution- Demarchis/ Westerly Marina

TAX CERTIORARI

 

ARTHUR DEMARCHIS/WESTERLY ENTERPRISES LP/

WESTERLY REALTY CORP.

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 Arthur DeMarchis/Westerly Enterprises
LP/Westerly Realty Corp., against the Town of Ossining to review the tax
assessments made on Petitioner’s property located at Westerly Road in the Town of
Ossining, and designated on the tax assessment map of the Town of Ossining as
Section 97.06, Block 1, Lot 3.1; Section 97.06, Block 1, Lot 4; Section 89.18, Block 1,
Lot 20; Section 89.18, Block 1, Lot 21; Section 89.18, Block 1, Lot 22.1; for
assessment years 2002 through 2010, which proceedings are now pending in the
Supreme Court of the State of New York, County of Westchester, under Index Nos.
17674/2002; 16690/2003; 17056/2004; 16481/2005; 20606/2006; 20766/2007;
23287/2008; 24317/2009; 26010/2010; 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:

 

 

 

SEE ATTACHED SCHEDULE

 

 

 

 


 

 


 

WHEREAS, any and all refunds necessitated by said settlement will be made
without interest; and WHEREAS, the Town Board, upon the recommendation of
the Assessor, concurred by the 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 Town Attorney is hereby authorized and directed to procure
and execute any documents necessary to effectuate such settlement; and it is further

 

RESOLVED, subject to the approval of the Supreme Court, Westchester County,
that the Assessor is authorized and directed to make the changes and corrections to
the individual unit assessment on the tax assessment roll 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, and the Receiver of Taxes is
authorized and directed to process and pay the refund of Town of Ossining taxes
estimated to be $5,321.93, which will be ordered pursuant to said Consent
Judgment.

 

K. Tax Cert Resolution- Claremont Gardens


TAX CERTIORARI

 

CLAREMONT GARDENS

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 Claremont Gardens against the Town of
Ossining to review the tax assessments made on Petitioner’s property located at
North Highland Avenue in the Town of Ossining, and designated on the tax
assessment map of the Town of Ossining as Section 89.15, Block 2, Lot 1, for
assessment years 2009 and 2010, which proceedings are now pending in the
Supreme Court of the State of New York, County of Westchester, under Index Nos.
23854/2009; 25524/2010; 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:

 

 


 

WHEREAS, any and all refunds necessitated by said settlement will be made
without interest; and WHEREAS, the Town Board, upon the recommendation of
the Assessor, concurred by the 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 Town Attorney is hereby authorized and directed to procure
and execute any documents necessary to effectuate such settlement; and it is further

 

RESOLVED, subject to the approval of the Supreme Court, Westchester County,
that the Assessor is authorized and directed to make the changes and corrections to
the individual unit assessment on the tax assessment roll 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, and the Receiver of Taxes is
authorized and directed to process and pay the refund of Town of Ossining taxes
estimated to be $5,863.82, which will be ordered pursuant to said Consent
Judgment.

 

L. Tax Cert Resolution- Cedar Arms


TAX CERTIORARI

 

CEDAR ARMS, LLC

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 Cedar Arms, LLC, against the Town of


Ossining to review the tax assessments made on Petitioner’s property located at 42
Cedar Lane in the Town of Ossining, and designated on the tax assessment map of
the Town of Ossining as Section 89.11, Block 2, Lot 2, for assessment years 2009
through 2011, which proceedings are now pending in the Supreme Court of the
State of New York, County of Westchester, under Index Nos. 23852/2009;
25521/2010; and 15695/2011; 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:

 

 


 

WHEREAS, any and all refunds necessitated by said settlement will be made
without interest; and WHEREAS, the Town Board, upon the recommendation of
the Assessor, concurred by the 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 Town Attorney is hereby authorized and directed to procure
and execute any documents necessary to effectuate such settlement; and it is further

 

RESOLVED, subject to the approval of the Supreme Court, Westchester County,
that the Assessor is authorized and directed to make the changes and corrections to
the individual unit assessment on the tax assessment roll 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, and the Receiver of Taxes is
authorized and directed to process and pay the refund of Town of Ossining taxes
estimated to be $62,658.49, which will be ordered pursuant to said Consent
Judgment.

 

M. Tax Cert Resolution- Tudor III


 

TAX CERTIORARI

 

TUDOR III REALTY

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 Tudor III Realty, against the Town of
Ossining to review the tax assessments made on Petitioner’s property located at 81-
109 North State Road in the Town of Ossining, and designated on the tax assessment
map of the Town of Ossining as Section 98.10, Block 2, Lot 34, for assessment years
2006 through 2011, which proceedings are now pending in the Supreme Court of the
State of New York, County of Westchester, under Index Nos. 20302/2006;
19616/2007; 22509/2008; 21965/2009; 24524/2010; 14635/2011; 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:

 


 

 

WHEREAS, any and all refunds necessitated by said settlement will be made
without interest; and WHEREAS, the Town Board, upon the recommendation of
the Assessor, concurred by the 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 Town Attorney is hereby authorized and directed to procure
and execute any documents necessary to effectuate such settlement; and it is further

 

RESOLVED, subject to the approval of the Supreme Court, Westchester County,
that the Assessor is authorized and directed to make the changes and corrections to
the individual unit assessment on the tax assessment roll 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, and the Receiver of Taxes is
authorized and directed to process and pay the refund of Town of Ossining taxes
estimated to be $2,529.18, which will be ordered pursuant to said Consent
Judgment.

 

 

N. Tax Cert Resolution- Briarcliff Station


TAX CERTIORARI

 

BRIARCLIFF STATION

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 Briarcliff Station, against the Town of
Ossining to review the tax assessments made on Petitioner’s property located at 75
North State Road in the Town of Ossining, and designated on the tax assessment
map of the Town of Ossining as Section 98.10, Block 2, Lots 32 and 33, for
assessment years 2006 through 2011, which proceedings are now pending in the
Supreme Court of the State of New York, County of Westchester, under Index Nos.
20303/2006; 19615/2007; 22510/2008; 21967/2009; 24491/2010; 14586/2011; 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:

 


 

 

 


 

 

WHEREAS, any and all refunds necessitated by said settlement will be made
without interest; and WHEREAS, the Town Board, upon the recommendation of
the Assessor, concurred by the 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 Town Attorney is hereby authorized and directed to procure
and execute any documents necessary to effectuate such settlement; and it is further

 

RESOLVED, subject to the approval of the Supreme Court, Westchester County,
that the Assessor is authorized and directed to make the changes and corrections to
the individual unit assessment on the tax assessment roll 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, and the Receiver of Taxes is
authorized and directed to process and pay the refund of Town of Ossining taxes
estimated to be $309.71, which will be ordered pursuant to said Consent Judgment.

 

 

 

 

 

 


O. Croton IMA for Mid Hudson EMT District


 

Whereas the Town of Ossining, acting as the agent for the Mid-Hudson EMS
District, submitted a proposal to provide Emergency Medical Technicians to the
Village of Croton in response to a request for proposal, and

 

Whereas the Town of Ossining was notified on November 16, 2011 that the Mid-
Hudson EMS District had been awarded the contract by action of the Croton Board
of Trustees on November 7, 2011,and

 

Whereas the Town of Ossining acts as the fiscal agent for the Mid-Hudson EMT
District,

 

Therefore be it resolved that the Town Supervisor of the Town of Ossining, on
behalf of the Mid-Hudson EMT District, is authorized to sign a contract with the
Village of Croton to allow the Mid-Hudson EMT District to provide Emergency
Medical Technicians to the Village of Croton, pending approval by the Town
Attorney.

 

I. CORRESPONDENCE TO BE RECEIVED AND FILED


 

• Minutes of the Town Planning Board


 

J. MONTHLY REPORTS


 

Resolved, that the Town Board of the Town of Ossining hereby accepts the monthly
report for the month of________________ 2011 from the ___________ Department.

 

K. VISITOR RECOGNITION
L. ADJOURNMENT