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Legislative Meeting

Regular Meeting

Ossining, NY · September 18, 2024

Agenda

Agenda

AGENDA VILLAGE OF OSSINING BOARD OF TRUSTEES REGULAR MEETING IN PERSON AT Birdsall-Fagan Police Court Facility 86-88 Spring Street Ossining, NY 10562 and VIA ZOOM Members of the public can view the meeting via computer or mobile app: https://us06web.zoom.us/j/81218374244 Members of the public can listen to the meeting by dialing in via phone: +1 929 205 6099 Webinar ID: 812 1837 4244 **Please note that by dialing in, your phone number will be visible to the host, participants, and attendees of the meeting.** Wednesday, September 18, 2024 7:30 PM MAYOR Rika Levin BOARD OF TRUSTEES Robert M. Fritsche Omar Lopez Dana White Manuel R. Quezada I. CALL TO ORDER – PLEDGE OF ALLEGIANCE – ROLL CALL II. PUBLIC HEARING IN THE MATTER OF: A. Proposed Local Law -2024, titled, “A Local Law amending chapter 92 of the Village of Ossining Code” Local Law (Chapter 92- Foundation permit repeal) B. Proposed Local Law -2024, titled, “A Local Law amending chapter 250 (Vehicles and Traffic) of the Village of Ossining Code” Local Law (Revision to chapter 250 sections 250-29 and 250-33) C. The Housing Choice Voucher program (Section 8) Five Year Plan effective January 1, 2025. NY094 5 yr & Annual Plan 2025-29 III. MAYOR’S AND TRUSTEES’ ANNOUNCEMENTS IV. ADMINISTRATIVE REPORTS A. Village Manager Karen D'Attore B. Corporation Counsel Stuart Kahan C. Police Chief Aaron Zimmerman V. ORGANIZATION ANNOUNCEMENTS Announcements shall be event related only, shall be no longer than two (2) minutes in length. VI. PUBLIC COMMENT ON AGENDA ITEMS Visitors shall be accorded one (1) four (4) minute opportunity to address the Board on any of the resolutions on the agenda. VII. VISITOR RECOGNITION Visitors shall be accorded one (1) three-minute opportunity to address the Board on issues not Legislative Meeting September 18, 2024 Page 1 of 10 relating to the Agenda, but of relevance to the common good of the Village. VIII. VILLAGE BOARD RESOLUTIONS A. Approval of Minutes - August 21, 2024 RESOLVED, that the Board of Trustees of the Village of Ossining hereby approves the Minutes of the August 21, 2024 Regular Meeting as presented. Legislative Meeting - Aug 21 2024 - Minutes - Pdf Legislative Meeting - Aug 21 2024 - Minutes - Html B. Approval of Minutes - September 4, 2024 - Special Meeting RESOLVED, that the Board of Trustees of the Village of Ossining hereby approves the Minutes of the September 4, 2024 Special Meeting as presented. Special Meeting - Sep 04 2024 - Minutes - Pdf Special Meeting - Sep 04 2024 - Minutes - Html C. Approval of Voucher Detail - September 18, 2024 RESOLVED, that the Board of Trustees of the Village of Ossining hereby approves the Voucher Detail Report dated September 18, 2024 in the amount of $956,958.75. VOUCH DET 091824 D. Memorandum of Understanding- Westchester County Safe Streets Task Force RESOLVED, that following review by the Corporation Counsel, the Village Manager and Chief of Police are authorized to sign the Memorandum of Understanding with the Federal Bureau of Investigation for the village’s participation in the Westchester County Safe Streets Task Force; and be it further RESOLVED, that the mission of the Westchester County Safe Streets Task Force is to identify and target for prosecution criminal enterprise groups responsible for drug trafficking, money laundering, alien smuggling, crimes of violence such as murder and aggravated assault, robbery, and violent street gangs, as well to intensely focus on the apprehension of dangerous fugitives where there is or may be a federal investigative interest. E. Call for Public Hearing-Proposed Local Law -2024 titled “A Local Law amending chapter 8 (Civilian Police Complaint Review Board) of the Village of Ossining Code.” RESOLVED, that the Board of Trustees of the Village of Ossining hereby calls for a Public Hearing to take place at 7:30 pm on September 30, 2024 at the Birdsall Fagan Police-Court Facility, 86-88 Spring Street, Ossining, New York to consider proposed Local Law -2024, titled, “A Local Law amending chapter 8 (Civilian Police Complaint Review Board) of the Village of Ossining Code”; and be it further RESOLVED, that the proposed local law amends section 8-13 (Civilian Investigator) by extending the pilot program for the civilian investigator until December 31, 2026; and be it further RESOLVED, that members of the public are invited to attend the public hearing in- person at the above-referenced location; and be it further RESOLVED, that those members of the public requiring a reasonable accommodation to participate in the public hearing due to that person’s disability, shall notify the Corporation Counsel no later than seven (7) days before the public hearing (kahan@villageofossiningny.gov) to afford the village sufficient time to provide the reasonable accommodation; and be it further RESOLVED, that for those members of the public who want to attend/participate in the public hearing remotely, access will be available via the Zoom platform; and be it further RESOLVED, that comments regarding the proposed local law will be accepted by the Board of Trustees at BOT@villageofossiningny.gov. Please click this URL to join: https://us06web.zoom.us/j/81218374244 Legislative Meeting September 18, 2024 Page 2 of 10 Via phone: +16469313860 Webinar ID: 812 1837 4244 Local Law (2024- Chapter 8 CPCRB) F. Call for Public Hearing-Proposed Local Law -2024 titled “A Local Law amending chapter 194 (Peace and Good Order; General Ordinances for Quality of Life”) and chapter 190 (Parks and recreation) of the Village of Ossining Code.” RESOLVED, that the Board of Trustees of the Village of Ossining hereby calls for a Public Hearing to take place at 7:30 pm on September 30, 2024 at the Birdsall Fagan Police-Court Facility, 86-88 Spring Street, Ossining, New York to consider proposed Local Law -2024, titled, “A Local Law amending chapters 194 and 190 of the Village of Ossining Code”; and be it further RESOLVED, that the proposed local law amends section 194-1 (Damage to Village property; public urination or defecation), section 194-3 (Flying of model airplanes restricted), adds a new article II (Smoking) and section 190-1 (Recreation park usage guidelines; prohibited uses); and be it further RESOLVED, that members of the public are invited to attend the public hearing in- person at the above-referenced location; and be it further RESOLVED, that those members of the public requiring a reasonable accommodation to participate in the public hearing due to that person’s disability, shall notify the Corporation Counsel no later than seven (7) days before the public hearing (kahan@villageofossiningny.gov) to afford the village sufficient time to provide the reasonable accommodation; and be it further RESOLVED, that for those members of the public who want to attend/participate in the public hearing remotely, access will be available via the Zoom platform; and be it further RESOLVED, that comments regarding the proposed local law will be accepted by the Board of Trustees at BOT@villageofossiningny.gov. Please click this URL to join: https://us06web.zoom.us/j/81218374244 Via phone: +16469313860 Webinar ID: 812 1837 4244 Local Law (2024- Chapter 194 Peace and Good Order) G. Resolution Authorizing Settlement- Ossining Steamer Company, Inc. WHEREAS, Ossining Steamer Company, Inc. (“Claimant”) filed a Notice of Claim with the Village Clerk on or about August 26, 2024; and WHEREAS, the Claimant alleges that on June 29, 2024 the garage door frame at Claimant’s property was struck by Engine 98 while being operated by a member of the Ossining Volunteer Fire Department; and WHEREAS, as a result of being struck by Engine 98, the interior wall at Claimant’s property was damaged and needs replacement; and WHEREAS, the Village’s Corporation Counsel reviewed documents submitted by the Claimant and concludes that settlement of this claim is warranted; now therefore be it RESOLVED, that the Board of Trustees of the Village of Ossining authorizes settlement of the claim of Ossining Steamer Company, Inc.; and be it further RESOLVED, that the Treasurer of the Village of Ossining is hereby authorized and directed to pay settlement proceeds of $14,370 to Ossining Steamer Company, Inc., 117 Main Street, Ossining, New York upon receipt of a release signed by an officer of the Claimant. H. Revision to the village’s investment policy WHEREAS, the village’s investment policy adopted annually by the Board of Trustees Legislative Meeting September 18, 2024 Page 3 of 10 notes that, “The Village Treasurer is responsible for establishing and maintaining an internal control structure to provide reasonable, but not absolute, assurance that deposits and investments are safeguarded against loss from unauthorized use of disposition, that transactions are executed in accordance with management’s authorization and recorded properly, and are managed in compliance with applicable laws and regulations” and WHEREAS, part VI of the investment policy is a list of the banks and trust companies authorized for deposit of monies up to a maximum amount; and WHEREAS, one of the banks, Webster Bank, currently is authorized to hold no more than $15,000,000 on behalf of the village; and WHEREAS, the Village Treasurer has determined that the maximum amount allowed to be held by Webster Bank for the village should be increased from $15,000,000 to $60,000,000; now therefore be it RESOLVED, that the village’s investment policy is amended effective September 18, 2024 increasing from $15,000,000 to $60,000,000 the allowable maximum amount held by Webster Bank for the village. I. Adoption of Local Law 12-2024, “A Local Law repealing the current chapter 162 (Housing/Property Maintenance and Building Code Administration) and adopting a new chapter 162 (Housing and Property Maintenance) to the Village of Ossining Code”. WHEREAS, the Board of Trustees of the Village of Ossining (“Village Board”) has been considering the adoption of proposed Local Law -2024, titled, “A Local Law repealing chapter 162 (Housing/Property Maintenance and Building Code Administration), Article I (Terminology), Article II (Title; Applicability; Construal), Article III (General Provisions), Article IV (Space and Equipment Requirements), Article V (Occupant Responsibilities), Article VII (Commercial Occupancy), Article IX (Outdoor Signs), Article X (Transfer of Ownership), and Article XI (Residential Occupancy Restrictions) and adopting a new Chapter 162 (Housing and Property Maintenance) to the Village of Ossining Code”; and WHEREAS, a public hearing was conducted on August 21, 2024 at 7:30 pm at the Municipal Building, 16 Croton Avenue, Ossining, New York and via the Zoom platform affording members of the public an opportunity to be heard; and WHEREAS, the public hearing was closed on August 21, 2024; and WHEREAS, pursuant to section 617.3(f) of the State Environmental Quality Review (SEQR) regulations, no determination of significance, environmental impact statement or findings statement is required for Type II actions; and WHEREAS, SEQR regulation 617.5(c) lists Type II actions including: i) routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment and ii) adoption of regulations, policies, procedures and local legislative decisions in connection with any action on the Type II list; and WHEREAS, the proposed local law is a Type II action requiring no determination of significance pursuant to the SEQR regulations; and WHEREAS, there are no impediments to approving the proposed local law; now therefore be it RESOLVED, that the Board of Trustees of the Village of Ossining hereby adopts as Local Law 12-2024, A Local Law repealing the current chapter 162 and adopting a new chapter 162 (Housing and Property Maintenance); and be it further RESOLVED, that Local Law 12-2024 shall become effective upon filing with the Secretary of State pursuant to the Municipal Home Rule Law. Revision to chapter 162 (Part 3) Legislative Meeting September 18, 2024 Page 4 of 10 J. Adoption of Local Law 13-2024, “A Local Law amending chapters 88 (Brush, Grass and Weeds), 229 (Streets and sidewalks), 133 (Fire hazard inspections), 155 (Graffiti), 249 (Vacant Building and Storefront Registry), 225 (Solid waste), 227 (Stormwater management and erosion and sediment control) and chapter 91 (Building construction) of the Village of Ossining Code”. WHEREAS, the Board of Trustees of the Village of Ossining (“Village Board”) has been considering the adoption of proposed Local Law -2024, amending chapters 88, 229, 133, 155, 249, 225, 227 and 91 of the village code; and WHEREAS, a public hearing was conducted on August 21, 2024 at 7:30 pm at the Municipal Building, 16 Croton Avenue, Ossining, New York and via the Zoom platform affording members of the public an opportunity to be heard; and WHEREAS, the public hearing was closed on August 21, 2024; and WHEREAS, pursuant to section 617.3(f) of the State Environmental Quality Review (SEQR) regulations, no determination of significance, environmental impact statement or findings statement are required for Type II actions; and WHEREAS, SEQR regulation 617.5(c) lists Type II actions including: i) routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment and ii) adoption of regulations, policies, procedures and local legislative decisions in connection with any action on the Type II list; and WHEREAS, the proposed local law is a Type II action requiring no determination of significance pursuant to the SEQR regulations; and WHEREAS, there are no impediments to approving the proposed local law; now therefore be it RESOLVED, that the Board of Trustees of the Village of Ossining hereby adopts as Local Law 13-2024, A Local Law amending chapters 88, 229, 133, 155, 249, 225, 227 and 91 of the Village of Ossining Code; and be it further RESOLVED, that Local Law 13-2024 shall become effective upon filing with the Secretary of State pursuant to the Municipal Home Rule Law. Assessment of expenditures K. Adoption of Local Law 14-2024, “A Local Law readopting chapter 57 (Videoconferencing by public bodies) of the Village of Ossining Code”. WHEREAS, the Board of Trustees of the Village of Ossining (“Village Board”) has been considering the adoption of proposed Local Law -2024, titled, “A Local Law readopting chapter 57 (Videoconferencing by public bodies) of the Village of Ossining Code”; and WHEREAS, a public hearing was conducted on August 21, 2024 at 7:30 pm at the Municipal Building, 16 Croton Avenue, Ossining, New York and via the Zoom platform affording members of the public an opportunity to be heard; and WHEREAS, the public hearing was closed on August 21, 2024; and WHEREAS, pursuant to section 617.3(f) of the State Environmental Quality Review (SEQR) regulations, no determination of significance, environmental impact statement or findings statement is required for Type II actions; and WHEREAS, SEQR regulation 617.5(c) lists Type II actions including: i) routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment and ii) adoption of regulations, policies, procedures and local legislative decisions in connection with any action on the Type II list; and WHEREAS, the proposed local law is a Type II action requiring no determination of Legislative Meeting September 18, 2024 Page 5 of 10 significance pursuant to the SEQR regulations; and WHEREAS, there are no impediments to approving the proposed local law; now therefore be it RESOLVED, that the Board of Trustees of the Village of Ossining hereby adopts as Local Law 14-2024, A Local Law readopting chapter 57 (Videoconferencing by public bodies); and be it further RESOLVED, that Local Law 14-2024 shall become effective upon filing with the Secretary of State pursuant to the Municipal Home Rule Law. Local Law (2024- Chapter 57 Videoconferencing) L. Amendments to Chapter 270 (Zoning) SEQR DETERMINATION OF SIGNIFICANCE NEGATIVE DECLARATION WHEREAS, the Village Board of Trustees of the Village of Ossining, located in Westchester County, New York, is proposing zoning amendments which would amend Chapter 270 (zoning), sections 270-4 (Definitions; use group classifications); 270-11 (MF- 1 and MF-2 Multifamily Residence Districts); 270-14 (NC-1 and NC-2 Neighborhood Center Districts); 270-15 (VC Village Center District); 270-15.1 (Downtown and Croton Avenue Overlay Districts); 270-19 (CDD Conservation Development District); 270-20 (SP-N Station Plaza North District); 270-22 (RDD Riverfront Development District); 270-23 (PW Planned Waterfront Districts); 270-24 (IR Institutional/Redevelopment District); Appendix A (Table A-1); Appendix (Table A-1); Appendix B (Table B-1 Bulk Regulations); Appendix B (Table B-2 Bulk Regulations); Appendix B (Table B-3 Bulk Regulations); and Appendix C (Tables C-1, C-2 and C-3 Parking Requirements, (the “proposed action”); and WHEREAS, the proposed action would affect all zoning districts in the Village of Ossining; and WHEREAS, the proposed action revises and reorganizes definitions, use group classifications and requirements for zoning districts; and WHEREAS, by resolution adopted August 14, 2024, the Board of Trustees declared itself as Lead Agency for this proposed local law and made a preliminary determination that the proposed amendments to chapter 270 constitute an Unlisted Action pursuant to State Environmental Quality Review Act (SEQR) regulation 617.2(al) NOW THEREFORE BE IT RESOLVED, the Village of Ossining Board of Trustees finds that pursuant to Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and based upon the review of the EAF Parts I, and II, all application materials, required referrals, and consultant reports that were prepared for this action, the Village Board adopts a Negative Declaration in connection with the Project; and BE IT FINALLY RESOLVED, that this SEQRA Negative Declaration resolution shall have an effective date of September 18, 2024. ATTACHMENT TO AND FORMING A PART OF NEGATIVE DECLARATION: Revisions to Chapter 270 Zoning of the Village of Ossining Code, Village of Ossining. REASONS SUPPORTING THIS DETERMINATION - DISCUSSION OF AREAS OF POTENTIAL IMPACTS IDENTIFIED BY THE VILLAGE BOARD AS LEAD AGENCY Reasons Supporting the Negative Declaration: The proposed action is for zoning amendments which revise and reorganize definitions, use group classifications and requirements for zoning districts. Based upon review of the local law; comments by the Board’s professionals and the public made in the course of the public hearing process; and review of the Part I, Part II EAF and supplementary materials; it has been determined that the proposed action will not result in any significant adverse environmental impact. 1. IMPACT ON LAND Legislative Meeting September 18, 2024 Page 6 of 10 The Proposed Action will not have a significant adverse environmental impact with respect to the construction on, or physical alteration of land. The proposed project will disturb 0 acres and no construction is being proposed at this time. No significant grading or ground disturbance is anticipated from the zoning amendment. The Village Board therefore finds that the action will not result in any potential significant adverse environmental impacts on land. 2. IMPACTS ON SURFACE AND GROUND WATER The Proposed Action will not have a significant adverse environmental impact on any wetlands or other surface water bodies. The Proposed Action will not result in the alteration of, or encroachment into any existing stream, wetland, or water body. The Proposed Action will not create any new water body and will not result in an increase or decrease of the surface area of any body of water. There will be no dredging throughout the proposed area. The Proposed Action will not include construction of any intake for withdrawal of water from surface water, or the construction of any outfall for discharge of wastewater to surface water. The Proposed Action will not have a significant adverse environmental impact with respect to new or additional use of ground water and will not have a significant adverse environmental impact with respect to the introduction of contaminants to ground water or an aquifer. The Proposed Action will not require new water supply wells or septic systems. Land uses of this type are not associated with the discharge of contaminants into aquifers or other ground water sources. There will be no bulk storage of petroleum or chemicals on-site. The Proposed Action does not include or require wastewater discharged to ground water. The Proposed Action will not affect the water quality of any water bodies within or downstream of the Site. The Village Board therefore finds that the Proposed Action will not result in any potential significant adverse environmental impacts on surface water. 3. IMPACT ON FLOODING The Proposed Action will not have a significant adverse environmental impact with respect to drainage or the development of lands subject to flooding. The zoning amendments will not result in development in a designated floodway, a 100-year floodplain or a 500-year floodplain, or steep slopes. The Village Board finds that the action will not result in any potential significant adverse environmental impacts on flooding. 4. IMPACT ON PLANTS AND ANIMALS The Proposed Action will not have a significant adverse environmental impact with respect to the loss of flora or fauna. The action will not cause a significant reduction in the population or the loss of any threatened or endangered species listed by New York State or the Federal government, as there is no such species in the Project area. The action will not result in a reduction or degradation of any habitat used by any rare, threatened or endangered species, as listed by New York State or the Federal government, as the Project area is not a habitat for such species. The Village Board therefore finds that the action will not result in any potential significant adverse environmental impacts on plants and animals. 5. IMPACT ON TRANSPORTATION The Proposed Action will not have a significant adverse environmental impact with respect to infrastructure for mass transit, biking, or walkways. The proposed project will not result in increases to existing levels of traffic or Legislative Meeting September 18, 2024 Page 7 of 10 other means of transportation and does not propose any new transportation infrastructure. The Village Board therefore finds that the action will not result in any potential significant adverse environmental impacts on transportation. 6. IMPACT ON HUMAN HEALTH The Proposed Action will not have a significant adverse environmental impact on human health from exposure to new or existing sources of contaminants. The Village Board therefore finds that the action will not result in any potential significant adverse environmental impacts on Human Health. 7. IMPACT ON AESTHETIC, HISTORIC, AND ARCHAEOLOGICAL RESOURCES The Proposed Action will not have a significant adverse environmental impact on any historic or archaeological resources. The Village Board therefore finds that the action will not result in any potential significant adverse environmental impacts on aesthetic, historic, and archaeological resources. 8. IMPACT ON PLANNING AND ZONING AND CONSISTENCY WITH COMMUNITY CHARACTER The Proposed Action will not have a significant adverse environmental impact because it is consistent with the Village’s adopted land use plans. The Proposed Action does have potential to be supported by existing infrastructure and no secondary development impacts are proposed. The Proposed Action will not have a significant adverse environmental impact upon community services. The Proposed Action will not replace or eliminate existing facilities, structures, areas of historic importance to the community, or create significant adverse demand for additional community services. The Village’s current community services have the capacity to meet the needs of the Proposed Action. 9. IMPACT ON CRITICAL ENVIRONMENTAL AREAS The project site is located in the Hudson River Critical Environmental Area (“CEA”). The Proposed Action will not have a significant adverse impact on the Hudson River Critical Environmental Area (“CEA”). Other Impacts. No other potentially significant adverse impacts were identified. M. Adoption of Local Law -2024, “A Local Law amending Chapter 270 (Zoning) of the Village of Ossining Code” WHEREAS, the Board of Trustees of the Village of Ossining (“Village Board”) has been considering the adoption of Local Law -2024, titled, “A Local Law amending Chapter 270 (Zoning) sections 270-4 (Definitions; use group classifications), 270-11 (MF-1 and MF-2 Multifamily Residence Districts), 270-14 (NC-1 and NC-2 Neighborhood Center Districts), 270-15 (VC Village Center District), 270-15.1 (Downtown and Croton Avenue Overlay District), 270-19 (CDD Conservation Development District), 270-20 (SP-N Station Plaza North District), 270-22 (RDD Riverfront Development District), 270-23 (PW Planned Waterfront Districts), 270-24 (IR Institutional/Redevelopment District), Appendix A (Table A-1), Appendix (Table A-2), Appendix B (Table B-1 Bulk Regulations), Appendix B (Table B-2 Bulk Regulations), Appendix B (Table B-3 Bulk Regulations) and Appendix C (Tables C-1, C-2 and C-3 Parking Requirements; and WHEREAS, the proposed amendments revise and reorganize definitions, use group classifications and requirements for zoning districts; and WHEREAS, the Village Board on September 18, 2024 adopted a Negative Declaration regarding the proposed amendments; and Legislative Meeting September 18, 2024 Page 8 of 10 WHEREAS, pursuant to section 270-59, the proposed changes to chapter 270 were referred to the Village of Ossining Planning Board and a response was provided; and WHEREAS, the proposed amendments were referred to the Westchester County Planning Board and a response was provided; and WHEREAS, the proposed amendments were referred to the Environmental Advisory Council and a response was received; and WHEREAS, a public hearing on the proposed local law was held on August 7, 2024 and members of the public were able to participate both in person and via the Zoom platform as well as by submitting written communication to the Board of Trustees; and WHEREAS, the public hearing was closed on August 7, 2024; now therefore be it RESOLVED, that the Board of Trustees of the Village of Ossining hereby adopts this local law as Local Law 15-2024 and directs that said Local Law be filed and/or distributed in accord with applicable law; and be it further RESOLVED, that pursuant to New York Village Law section 7-706(5), the text of Local Law 15-2024 shall be entered in the minutes of the Village Board; and be it further RESOLVED, that Local Law 15-2024 shall become effective upon filing with the Secretary of State pursuant to the Municipal Home Rule Law. Chapter 270 (Zoning) (Definitions, use classifications) N. Fire Department –Removal from Active Rolls – Washington H&L Co.2. RESOLVED that the Board of Trustees of the Village of Ossining hereby removes the following firefighters from the active rolls of the Ossining Fire Department – Washington H&L Co.2.  Aberto Pancrudo  David Wheeler  Ken Selig  Barnatus Isidore Firefighters. O. Authorizing settlement of litigation RESOLVED, that upon the recommendations of the Corporation Counsel and the village’s outside defense counsel, the Board of Trustees approves the settlement of the case Stephen Sack v. Port Imperial Ferry Corp., Village of Ossining, Town of Ossining, Metropolitan Transportation Authority and Metro-North Commuter Railroad Company commenced in Supreme Court, Westchester County under Index Number 61974/2023 for $70,000.00 of which amount the village will contribute $35,000.00; and it is further RESOLVED, that upon review by the Corporation Counsel of the General Release and Stipulation of Discontinuance with Prejudice, the Village Treasurer is authorized to issue a check in the amount of $35,000.00 payable to Steven Sack and his attorneys. P. 30 Water Street- Third Amendment to Land Acquisition and Disposition Agreement WHEREAS, the Village and WBP Development LLC entered into a Land Acquisition and Development Agreement (“LADA”) dated February 9, 2022 for the Project Site as defined in the LADA; and WHEREAS, the LADA was amended by a First Amendment to the Land Acquisition and Disposition Agreement dated July 26, 2022 between the Village and WBP Development LLC; and WHEREAS, the LADA was amended by a Second Amendment to the Land Acquisition and Disposition Agreement dated February 6, 2024 between the Village and WBP Development LLC; and Legislative Meeting September 18, 2024 Page 9 of 10 WHEREAS, WBP Development LLC assigned its interest in the LADA to WB 30 Water Street LLC pursuant to an assignment agreement dated July 29, 2024; and WHEREAS, representatives from the Village and WB 30 Water Street LLC have been discussing a third amendment to the LADA; now therefore be it RESOLVED, that following review by the Village’s special counsel for land use matters, the Corporation Counsel and Village staff, the Village Manager is authorized to sign the Third Amendment to the Land Acquisition and Disposition Agreement. Q. 30 Water Street- Omnibus Easement Agreement RESOLVED, that upon review by the village’s Special Counsel for land use matters and the Corporation Counsel, the Village Manager is authorized to sign the Omnibus Easement Agreement with WB 30 Water Street, LLC, which agreement is referenced in the Land Acquisition and Disposition Agreement. IX. CONTINUING BUSINESS OF THE BOARD X. NEW BUSINESS OF THE BOARD A. Authorization for Village to Accept Payment in Satisfaction of Foreclosed Tax Liens (87 Broadway) WHEREAS, in accordance with Ossining Village Charter Article IV, the Village Treasurer is charged with the duty of collecting real property taxes from persons named in the tax roll, and in accordance with NYS Real Property Tax Law Section 1110, the Village Treasurer has the authority on or before the expiration of the applicable redemption period to accept payment of real property taxes from such persons, along with all charges authorized by law, for real property subject to delinquent tax liens; and WHEREAS, the applicable redemption period expired as of September 22,2021 for the 2018 real property taxes which had become delinquent tax liens in June 2021, and with such expiration of the redemption period, the Treasurer has no authority without action by the Board of Trustees to accept further payments; and WHEREAS, the applicable redemption period expired as of October 18,2022 for the 2019 real property taxes which had become delinquent tax liens in July 2022, and with such expiration of the redemption periods, the Treasurer has no authority without action by the Board of Trustees to accept further payments; and WHEREAS, notwithstanding the expiration of such redemption periods, the representative of the property owner for certain real property located in the Village at 87 Broadway has provided sufficient proof of: (i) an ability to pay in full all taxes and assessments against the subject property to bring the account up to date and (ii) the ability to make a full and complete settlement in satisfaction of the foreclosed, delinquent tax liens. NOW, THEREFORE BE IT RESOLVED, that the Village of Ossining Board of Trustees hereby authorizes and directs the Treasurer to accept payment in an amount sufficient to pay in full the total amount, including any interest, penalties and other charges authorized by law, of the real property taxes and any tax liens, both pending and foreclosed, for property located at 87 Broadway (89.19-1-86) in the Village of Ossining, and authorizes any and all necessary filings or notifications to evidence a release of said liens against the real property. XI. ADJOURNMENT Legislative Meeting September 18, 2024 Page 10 of 10

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