Legislative Meeting
Regular MeetingOssining, NY · September 18, 2024
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
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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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