Legislative Meeting

AGENDA VILLAGE OF OSSINING BOARD OF TRUSTEES REGULAR MEETING IN PERSON AT 16 Croton Ave, Board Room Ossining, NY 10562 and VIA ZOOM Members of the public can view the meeting via computer or mobile app: https://us06web.zoom.us/j/87556650879 Members of the public can listen to the meeting by dialing in via phone: +1 929 205 6099 Webinar ID: 875 5665 0879 **Please note that by dialing in, your phone number will be visible to the host, participants, and attendees of the meeting.** Thursday, April 17, 2025 6:00 PM MAYOR Rika Levin BOARD OF TRUSTEES Robert M. Fritsche Omar Lopez Dana White Patrick Yost I. CALL TO ORDER – PLEDGE OF ALLEGIANCE – ROLL CALL II. MAYOR’S AND TRUSTEES’ ANNOUNCEMENTS III. ADMINISTRATIVE REPORTS A. Village Manager Karen D'Attore B. Corporation Counsel Stuart Kahan C. Police Chief Aaron Zimmerman IV. ORGANIZATION ANNOUNCEMENTS Announcements shall be event related only, shall be no longer than two (2) minutes in length. V. 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. VI. VISITOR RECOGNITION Visitors shall be accorded one (1) three-minute opportunity to address the Board on issues not relating to the Agenda, but of relevance to the common good of the Village. VII. VILLAGE BOARD RESOLUTIONS A. Approval of Minutes - April 2, 2025 RESOLVED, that the Board of Trustees of the Village of Ossining hereby approves the Minutes of the April 2, 2025 Regular Meeting as presented. Legislative Meeting - Apr 02 2025 - Minutes - Pdf Legislative Meeting - Apr 02 2025 - Minutes - Html B. Approval of Voucher Detail - April 17, 2025 RESOLVED, that the Board of Trustees of the Village of Ossining hereby approves the Voucher Detail Report dated April 17, 2025 in the amount of $1,393,490.71. Legislative Meeting April 17, 2025 Page 1 of 9  VOUCH DET 041625 C. Call for Public Hearing-Approval of Cable Television Franchise Renewal Agreement between the Village of Ossining and Verizon New York, Inc. WHEREAS, New York Village Law section 4-412(6) provides in part that the Board of Trustees, “May grant rights and franchises or permission to use the streets, highways, public places or any part thereof or the space above or under them or any of them for any specific purpose upon such terms and conditions as it may deem proper and as may be permitted by law. No franchise shall be granted without a public hearing notice of which shall be given by publication in the official newspaper at least ten days before the meeting”; now therefore be it 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 May 7, 2025 at the Birdsall Fagan Police- Court Facility, 86-88 Spring Street, Ossining, New York regarding granting of a cable television franchise renewal agreement between the Village of Ossining and Verizon New York, Inc.; and be it further RESOLVED, that a copy of the cable television franchise renewal agreement is available for public inspection during regular business hours at the Village Clerk’s office, Village Hall, 16 Croton Avenue, Ossining, New York; 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 on this URL to join: https://us06web.zoom.us/j/87556650879 Via Phone: +19292056099 Webinar ID: 875 5665 0879 D. Call for Public Hearing-Proposed Local Law -2025 titled “A Local Law amending chapter 62 (Affordable Housing) 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 May 7, 2025 at the Birdsall Fagan Police- Court Facility, 86-88 Spring Street, Ossining, New York to consider proposed Local Law -2025, titled, A Local Law amending chapter 62 (Affordable Housing) of the Village of Ossining Code; 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 Legislative Meeting April 17, 2025 Page 2 of 9  RESOLVED, that comments regarding the proposed local law will be accepted by the Board of Trustees at BOT@villageofossiningny.gov. Please click on this URL to join: https://us06web.zoom.us/j/87556650879 Via Phone: +19292056099 Webinar ID: 875 5665 0879 E. Memorandum of Understanding related to the Community Choice Aggregation Plan WHEREAS, the Village of Ossining is a member of Sustainable Westchester and a participant in the Community Choice Aggregation Program (“CCA” or the “Program”); and WHEREAS, the current Electric Service Agreement (“ESA”) for the Sustainable Westchester CCA Program terminates on the first meter read date after November 30, 2025; and WHEREAS, the Village desires to continue to engage the services of Sustainable Westchester, Inc. as the Program Manager for CCA and for administration of the Program; and WHEREAS, in connection with the CCA, Sustainable Westchester has provided the Village with information regarding the plan to secure a new ESA (the “2025 ESA”); and WHEREAS, a new Memorandum of Understanding (the “2025 MOU”) with Sustainable Westchester will allow for the bid for electricity supply to be awarded to the lowest- priced responsible bidder; and WHEREAS, the purpose of the 2025 MOU is to: a) establish the Village’s participation in the CCA to be managed by Sustainable Westchester, Inc. under the 2025 ESA; b) to affirm that the Village and Sustainable Westchester, Inc. agree to adhere to the terms and conditions of the 2025 ESA in the event the 2025 ESA is executed; and c) to affirm that the Village and Sustainable Westchester, Inc. agree to execute the 2025 ESA, subject to the conditions of review and approval outlined in the MOU; and WHEREAS, assuming that sufficient voluntary renewable energy certificates (“RECs”) are available the Village of Ossining selects the 100% renewable clean power product (as defined in the 2025 MOU) as the default product with the 50% renewable clean power product as the alternate selection should the 100% renewable clean power product not be available; now therefore be it RESOLVED, that following review by the Corporation Counsel, the Village Manager is authorized to execute the 2025 MOU with Sustainable Westchester, Inc. and the associated 2025 ESA, subject to receiving a Compliant Offer, as defined in the MOU, as required to continue participating in the CCA program. F. Easement Agreement-142-144 South Highland Avenue WHEREAS, Ossining Dev LLC, 301 Route 17, Rutherford, New Jersey is the owner of property at 142-144 South Highland Avenue; and WHEREAS, the Village of Ossining is the owner of a 20-inch stormwater pipe and structure located at 142-144 South Highland Avenue; and WHEREAS, the Village of Ossining Planning Board included in the April 30, 2024 site plan resolution a condition that a maintenance agreement easement must be acquired for the Village to access the stormwater pipe in the rear of the property; now therefore be it RESOLVED, that following review by the Corporation Counsel, the Village Manager is authorized to sign the deed of easement agreement with Ossining Dev LLC; and it is further RESOLVED, that Ossining Dev LLC will file the signed agreement with the Westchester County Clerk, Land Records Division. Legislative Meeting April 17, 2025 Page 3 of 9  G. Approval of Awning Permit for VIP Sports Bar, Inc. RESOLVED, that pursuant to the Village of Ossining Code, section 229-5, the Village of Ossining Board of Trustees approves the application by VIP Sports Bar, Inc., 12 Croton Avenue for the installation of an awning in accord with the application dated March 5, 2025 and received by the Village of Ossining Building Department on March 12, 2025. H. VILLAGE OF OSSINING MULTI-MODAL TRANSPORTATION HUB SEQR DETERMINATION OF DIGNIFICANCE NEGATIVE DECLARATION. WHEREAS, the Village Board of Trustees of the Village of Ossining, located in Westchester County, New York, is proposing a Multi-modal Transportation Hub (MMTH) on the footprint of the existing Brandreth Street municipal parking lot, (the “Proposed Action”); and WHEREAS, the proposed project is located at Brandreth Street and Leonard Street on tax lot Section 89.19 Lot 4 Block 3, a village-owned lot, and (hereinafter referred to as the “Area”); and WHEREAS, the Proposed Action is located in the Village Center (VC) zoning district; and WHEREAS, the Proposed Action will include the construction of a 22,475 square foot, four story structured parking complex that includes 240+ parking spaces, charging infrastructure for electric/hybrid vehicles, and e-bikes/e-scooters, electrical work for future rooftop solar, and space for an e-bike rental vendor; and WHEREAS, associated site improvements will include access to the Old Croton Aqueduct, a new asphalt driveway, public plaza, landscaped areas, and site utilities that will upgrade the existing 41-space municipal parking lot to increase parking capacity for the immediate area; and WHEREAS, the Proposed Action will be funded in part by two New York State grant funding streams, Empire State Development and the New York State Downtown Revitalization Initiative; and WHEREAS, the Village of Ossining Board of Trustees declared its intent to become Lead Agency for the action on March 6, 2025, in which the related resolution and Full Environmental Assessment Form was circulated to all Involved Agencies; and WHEREAS, pursuant to 6 NYCRR Part 617.2(al), the Proposed Action is classified as a Type I Action; and NOW THEREFORE BE IT RESOLVED, the Village Board 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 FURTHER RESOLVED, that this SEQRA Negative Declaration resolution shall have an effective date of April 17, 2025. ATTACHMENT TO AND FORMING A PART OF NEGATIVE DECLARATION: Multi-Modal Transportation Hub, 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 a new multi-modal transportation hub which would include the construction of a 22,475 square foot, four story structured parking complex that includes 240+ parking spaces, charging infrastructure for electric/hybrid vehicles, and e- Legislative Meeting April 17, 2025 Page 4 of 9  bikes/e-scooters, electrical work for future rooftop solar, and space for an e-bike rental vendor. Based on review of the proposed structure and related site improvements, comments by the Board’s professionals; and preparation of the Part I, Part II, and review of supplementary materials; it has been determined that the proposed action will not result in any significant adverse environmental impacts. 1. IMPACT ON LAND The Proposed Action will require land disturbance of a total of 0.5 acres, which mainly involves site preparation efforts. Construction will additionally involve construction on or disturbance to steep slopes, as 42% of the site contains slopes of 15% or greater. However, the site has been previously disturbed for the existing parking lot that will be within the footprint of the proposed structure. Construction on site will commence for 13 months, however efforts to mitigate the impact on land and the surrounding area will be executed, such as minimizing equipment on site. Construction will not take place in phases. The proposed project will not have a significant adverse environmental impact with respect to the construction on, or physical alteration of, the land surface of the proposed site as disturbance is minimal and the site has been previously disturbed. No significant grading or ground disturbance is anticipated from this action. 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 may involve construction on site, which adjoins the Sing Sing Kill. All construction will incorporate stormwater management and erosion and sediment control practices. Stormwater measures will control the velocity of the stormwater as a result of the Project. The overall quantity of stormwater runoff will be similar to the current conditions of the site because the structured parking facility will be built in the same location as the existing surface parking lot. The Proposed Action will not result in the alteration of, or encroachment into any existing stream, wetland, or waterbody. There are no wetlands, floodplains, or water bodies on site, therefore the Proposed Action will not have a significant adverse environmental impact on any wetlands or other surface waterbodies. 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 groundwater and will not have a significant adverse environmental impact with respect to the introduction of contaminants to groundwater or an aquifer. The Proposed Action will not require new water supply wells or septic systems. There will be no bulk storage of petroleum or chemicals on-site. The Proposed Action does not include or require wastewater discharged to groundwater. The Proposed Action will not cause a decrease in the current water quality of any water bodies within or downstream of the Site. The Village Board therefore finds that the action will not result in any potential significant adverse environmental impacts on surface water. 3. 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 Proposed Action will require minimal tree removal, however 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 are no species on the project site, and the project site is already developed as a parking lot. The Proposed 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 site is not a habitat for such species. The Proposed Action includes new landscaping for the Project Site. Legislative Meeting April 17, 2025 Page 5 of 9  The Village Board therefore finds that the action will not result in any potential significant adverse environmental impacts on plants and animals. 1. IMPACT ON AESTHETIC RESOURCES The Proposed Action is within five miles of the Old Croton Aqueduct Trail, Rockefeller State Park Preserve, Croton Point Park, and the Hudson River – all designated publicly accessible scenic and aesthetic resources. The closest resource, the Old Croton Aqueduct Trial, will be utilized by the project to create an accessible pathway to the trail from the site for pedestrians and e-bikes. The proposed project will align in height with surrounding buildings and utilize similar architecture. The proposed project will not result in any potential significant adverse environmental impacts on scenic or aesthetic resources. 2. IMPACT ON HISTORIC, AND ARCHAEOLOGICAL RESOURCES The Proposed Action is adjacent to sites on the National and State Register of Historic Places and listed on the State Register of Historic Places. The Proposed Action also is in within a Historic District. However, the Proposed Action will not have a significant adverse environmental impact on any historic or archaeological resources because the structure will include architectural design to compliment the historic integrity of the area by using materials and colors to blend into the background of the district. The project site is within a designated sensitive area for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological Site inventory but the site was previously disturbed and developed. In addition, SHPO was consulted and a letter was received on April 8, 2025, that included a few recommendations which will be evaluated and, where possible, incorporated into the plans. The Village Board therefore finds that with the final site plan reflecting the recommendations of SHPO, the action will not result in any potential significant adverse environmental impacts on aesthetic, historic, and archaeological resources. 3. 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 CEA. As the area is previously disturbed and developed, no additional portions of the CEA will be disturbed. 7. IMPACT ON TRANSPORTATION The Proposed Action may result in increased levels of vehicular traffic than what is existing on site during commuting hours. However, the Project includes consolidation of downtown parking into the proposed structure, which will also provide charging infrastructure for electric/hybrid vehicles, and e-bikes/e-scooters, and space for an e-bike rental vendor. These aspects expand access to alternative modes of transportation. In addition, pedestrian access to the downtown area and the Croton Aqueduct Trail is incorporated into the Proposed Action. Based on the results of the Traffic Study dated February 5, 2025, by Swans Engineering, the relocation of parking spaces in the downtown will not have a significant impact on traffic operations at the Brandreth St/Leonard Street unsignalized intersection; the overall intersection would operate at level of service (LOS) A and all approaches would operate at LOS B or better. This traffic analysis indicated that with a minor adjustment in signal timing, shifting two seconds from the east-west Main Street movement to the north-south Spring Street /Brandreth Street movement, the intersection also would not experience any significant impacts in traffic operation. The Proposed Action will not have a significant adverse environmental impact with respect to infrastructure for mass transit, biking, or walkways. The Village Board therefore finds that the action will not result in any potential significant adverse environmental impacts on transportation. 8. IMPACT ON ENERGY Legislative Meeting April 17, 2025 Page 6 of 9  The Proposed Action may cause an increase in the use of electricity on site. The current site does not utilize significant amounts of electricity, as it is a parking lot. The Proposed Action will increase energy use on site, however no potential significant adverse environmental impacts on energy or energy use are anticipated. The Proposed Project will only heat/cool a small portion of the structure, and energy is limited to lighting, electricity, and e-bike utilities. Renewable energy resources will be utilized on site. The Village Board therefore finds that the action will not result in any potential significant adverse environmental impacts on energy. Other Impacts. No other potentially significant adverse impacts were identified. MMHT- FEAF Part 1 FEAF Part II 250321 Full FEAF Part III 250321 EAC Multi Modal LWRP MMTH LWRP Policies Checklist (4-1-25) VIII. CONTINUING BUSINESS OF THE BOARD IX. NEW BUSINESS OF THE BOARD A Finance – 2024 Budget Adjustments . WHEREAS, Village operating budgets for each fund, department, and item type (.10 personnel, .20 equipment, and .40 contractual) for fiscal year-end 2024 are required to be balanced as of December 31, 2024, now therefore be it RESOLVED, the Adopted Budgets of the General, Water, Sewer, and Section 8 Funds are modified in 2024 to appropriate unexpended appropriations, increased revenues, and/or accumulated and available fund balance as follows: Legislative Meeting April 17, 2025 Page 7 of 9  Memo Board resolution for FYE2024 Budget Adjustments 04172025 RESO B Finance – Transfer from Project 2291 “John Paul Rodrigues Building Renovations” and Close . FY2024 to Project 2243 “2024 16 Croton Ave Flooring” WHEREAS, Village management wishes to adjust the revenue and expense budgets to actual project costs of $374,100.35 for the 2017 John Paul Rodrigues Building Renovations Capital Project 2191 and transfer the unexpended balance of $96,279.65 to close the capital project funded from a General/Water/Sewer Fund transfer, and increase the 2024 16 Croton Avenue Flooring Capital Project 2243 from an original budget of $60,000 to $156,279.65 with the transfer of $96,279.65 from Project 2191, now therefore be it RESOLVED, the following capital projects and capital project budgets is adjusted, as follows: Legislative Meeting April 17, 2025 Page 8 of 9 X. ADJOURNMENT Legislative Meeting April 17, 2025 Page 9 of 9