Legislative Meeting

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/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.** Wednesday, May 21, 2025 7:30 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. OSSINING POLICE DEPARTMENT APPOINTMENTS A. Resolution Approving Jeffrey Ward as Police Officer RESOLVED, that that Board of Trustees of the Village of Ossining hereby appoints Jeffrey Ward a fourth year Police Officer in the Village of Ossining effective May 26, 2025 at an annual salary of $117,179 (fourth year salary); and Be it Further RESOLVED, that this appointment is subject to a probationary period of not less than twelve (12) nor more than fifty-two (52) weeks. B. Resolution Approving James Hogan as Police Officer RESOLVED, that that Board of Trustees of the Village of Ossining hereby appoints James Hogan a second year Police Officer in the Village of Ossining effective May 26, 2025 at an annual salary of $80,437 (second year salary); and Be it Further RESOLVED, that this appointment is subject to a probationary period of not less than twelve (12) nor more than fifty-two (52) weeks. III. MAYOR’S AND TRUSTEES’ ANNOUNCEMENTS IV. ADMINISTRATIVE REPORTS A. Village Manager Karen D'Attore  Special Presentation: Youth Advisory Board Chair Harry Campbell OYB Update for Harry 052125 B. Corporation Counsel Stuart Kahan C. Police Chief Aaron Zimmerman V. ORGANIZATION ANNOUNCEMENTS Legislative Meeting May 21, 2025 Page 1 of 8  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 relating to the Agenda, but of relevance to the common good of the Village. VIII. VILLAGE BOARD RESOLUTIONS A. Approval of Minutes - May 7, 2025 RESOLVED, that the Board of Trustees of the Village of Ossining hereby approves the Minutes of the May 7, 2025 Regular Meeting as presented. Legislative Meeting - May 07 2025 - Minutes - Pdf Legislative Meeting - May 07 2025 - Minutes - Html B. Approval of Voucher Detail - May 21, 2025 RESOLVED, that the Board of Trustees of the Village of Ossining hereby approves the Voucher Detail Report dated May 21, 2025 in the amount of $953,049.83. VOUCH DET 052125 C. Approval of IBWTP Voucher Detail - May 21, 2025 RESOLVED, that the Board of Trustees of the Village of Ossining hereby approves the IBWTP Voucher Detail Report dated May 21, 2025 in the amount of $182,372.11 VOUCH DET 052125-IBWTP D. Call for Public Hearing-Proposed Honorary Street Naming for Captain Lewis Brady RESOLVED, that the Board of Trustees of the Village of Ossining hereby calls for a Public Hearing to take place on June 4, 2025 at 7:30 p.m. at the Birdsall Fagan Police- Court facility, 86-88 Main Street, Ossining, New York to consider the proposed honorary street naming of the corner of Revolutionary Road and Rockledge Avenue in honor of Captain Lewis Brady pursuant to the village’s Honorary Street Naming Policy; 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 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 honorary street naming will be accepted by the Board of Trustees at BOT@villageofossiningny.gov Please click this URL to join the public hearing remotely: https://us06web.zoom.us/j/87556650879 Via phone: +19292056099 Webinar ID: 875 5665 0879 E. Call for Public Hearing-Proposed Local Law -2025 titled “A Local Law amending chapter 248 (Trees) 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 June 4, 2025 at the Birdsall Fagan Police- Court Facility, 86-88 Spring Street, Ossining, New York to consider proposed Local Law Legislative Meeting May 21, 2025 Page 2 of 8  -2025, titled, A Local Law amending chapter 248 (Trees) 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 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 LL- 2025 (Chapter 248 Trees) (SEK revision) F. 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 Edgar Manuel Morocho Pugo v. The Village of Ossining, The Town of Ossining, Sharon Gendron and Gerard Gendron commenced in Supreme Court, Westchester County under Index Number 64537/2023 for $100,000.00 of which amount the village will contribute $50,000.00; 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 $50,000.00 payable to Stolzenberg Cortelli, LLP, as attorneys for Edgar Manuel Morocho Pugo. G. Resolution Authorizing Tax Certiorari Payment for 15-16 James Street LLC. WHEREAS, tax certiorari proceedings were instituted against the Town of Ossining, its Assessor or Board of Assessors and Board of Review by 15-16 James Street LLC, against Petitioner’s property situated at 15 and 16 James Street in the Village of Ossining and designated by the following section, block and lot numbers: 97.07-2-21 and 97.07-2-22 in the Village of Ossining for the 2019, 2020, 2021, 2022, 2023 and 2024 assessment years under index numbers 66252/2019, 61851/2020, 64361/2021, 66178/2022, 68473/2023, and 72686/2024; and WHEREAS, the Village of Ossining ceased being a tax assessing unit in 1989 and now adopts the Town of Ossining Assessment Roll for the Village of Ossining as prepared by the Assessor of the Town of Ossining for all subsequent years; and WHEREAS, on April 18, 2025 a Consent Judgment was entered in favor of the Petitioner 15-16 James Street LLC against the Village of Ossining correcting, fixing and reducing the assessed valuations of the aforesaid real property and the improvements situated thereon, as set forth in Schedule “A” annexed hereto; and WHEREAS, the aforesaid Consent Judgment, among other things, directs, “the officer or officers having custody of the assessment rolls upon which the above-mentioned assessments and any taxes levied thereon are entered shall correct the said entries in conformity with this Order and shall have discretion to correct said entries in any proportion to the total correction that he shall find appropriate, and shall note upon the margin of said rolls, opposite of said entries, that the same has been corrected by authority of this Order”; and WHEREAS, that the Consent Judgment further provides, “there shall be audited, Legislative Meeting May 21, 2025 Page 3 of 8  allowed and paid by the VILLAGE OF OSSINING, respectively, to the Petitioners, the amount, if any, paid by the Petitioners, their representatives or agents as Village taxes against the said erroneous assessments in excess of what such Village taxes would have been if the assessments complained of had been as herein ordered and determined with interest, except in the event that the refund of taxes is paid within 60 days of service of a certified copy of this Court Order with Notice of Entry, then interest is waived ; and WHEREAS, the Consent Judgment with notice of entry was served upon the Treasurer of the Village of Ossining by Petitioner on or about April 21,2025; and WHEREAS, tax refunds are to be made payable to Joseph E. St. Onge, Esq., as attorney and agent for the Petitioners for the benefit of 15-16 James Street LLC, 670 White Plains Road, Scarsdale, New York 10583; now therefore be it RESOLVED that the Board of Trustees of the Village of Ossining upon certification by the Village Treasurer that all of the aforesaid taxes have been paid, hereby authorizes and directs the Village Treasurer to make the payment of such refund of real property taxes due to 15-16 James Street LLC to Joseph E. St. Onge, Esq. for the benefit of 15-16 James Street, LLC as required by said Consent Judgment; and be it further RESOLVED that the Village Treasurer is authorized to make the aforesaid payment so the Village may avoid the payment of any penalties; and be it further RESOLVED that the Village Treasurer shall make a notation in the margin of the Assessment Rolls of the Village of Ossining that said assessments were reduced and payment of a refund of the overpayment of real property taxes was made pursuant to said Judgment. SCHEDULE A Legislative Meeting May 21, 2025 Page 4 of 8  H. Resolution Authorizing Tax Certiorari Payment for Monte Kalfa Corp. WHEREAS, tax certiorari proceedings were instituted against the Town of Ossining, its Assessor or Board of Assessors and Board of Review by Monte Kalfa Corp., against Petitioner’s property situated at 66-68 Croton Avenue in the Village of Ossining and designated by the following section, block and lot number: 89.19-2-21 in the Village of Ossining for the 2017, 2018, 2019, 2020, 2021, 2022, 2023 and 2024 assessment years under index numbers 66812/2017, 66015/2018, 66256/2019, 61854/2020, 64348/2021, 66180/2022, 68475/2023, and 72688/2024; and WHEREAS, the Village of Ossining ceased being a tax assessing unit in 1989 and now adopts the Town of Ossining Assessment Roll for the Village of Ossining as prepared by the Assessor of the Town of Ossining for all subsequent years; and WHEREAS, on April 18, 2025 a Consent Judgment was entered in favor of the Petitioner Monte Kalfa Corp. against the Village of Ossining correcting, fixing and reducing the assessed valuations of the aforesaid real property and the improvements situated thereon, as set forth in Schedule “A” annexed hereto; and WHEREAS, the aforesaid Consent Judgment, among other things, directs, “the officer or officers having custody of the assessment rolls upon which the above-mentioned assessments and any taxes levied thereon are entered shall correct the said entries in conformity with this Order and shall have discretion to correct said entries in any proportion to the total correction that he shall find appropriate, and shall note upon the margin of said rolls, opposite of said entries, that the same has been corrected by authority of this Order”; and WHEREAS, that the Consent Judgment further provides, “there shall be audited, allowed and paid by the VILLAGE OF OSSINING, respectively, to the Petitioners, the amount, if any, paid by the Petitioners, their representatives or agents as Village taxes against the said erroneous assessments in excess of what such Village taxes would have been if the assessments complained of had been as herein ordered and determined with interest, except in the event that the refund of taxes is paid within 60 days of service of a certified copy of this Court Order with Notice of Entry, then interest is waived ; and WHEREAS, the Consent Judgment with notice of entry was served upon the Treasurer of the Village of Ossining by Petitioner on or about April 21,2025; and WHEREAS, tax refunds are to be made payable to Joseph E. St. Onge, Esq., as attorney Legislative Meeting May 21, 2025 Page 5 of 8  and agent for the Petitioner for the benefit of Monte Kalfa Corp., 670 White Plains Road, Scarsdale, New York 10583; now therefore be it RESOLVED that the Board of Trustees of the Village of Ossining upon certification by the Village Treasurer that all of the aforesaid taxes have been paid, hereby authorizes and directs the Village Treasurer to make the payment of such refund of real property taxes due to Monte Kalfa Corp. to Joseph E. St. Onge, Esq. for the benefit of Monte Kalfa Corp. as required by said Consent Judgment; and be it further RESOLVED that the Village Treasurer is authorized to make the aforesaid payment so the Village may avoid the payment of any penalties; and be it further RESOLVED that the Village Treasurer shall make a notation in the margin of the Assessment Rolls of the Village of Ossining that said assessments were reduced and payment of a refund of the overpayment of real property taxes was made pursuant to said Judgment. SCHEDULE A I. Authorization of small claim assessment review payment for 2024 assessment year. WHEREAS, a Small Claim Assessment Review (SCAR) proceeding was commenced in the Supreme Court of the State of New York, County of Westchester against the Town of Ossining by the following property owners for the 2024 Assessment Year: Frank and Leah Fonseca- 3 Navajo Lane (90.17-2-26) Index Number 81057/2024; and WHEREAS, the Village of Ossining ceased being a tax assessing unit in 1989 and now adopts the Town of Ossining Assessment Roll for the Village of Ossining correcting, fixing and reducing the assessed valuations of the aforesaid properties and improvements situated thereon, as set forth in Schedule “A”, annexed hereto; and WHEREAS, the above-referenced SCAR proceeding was resolved by stipulation approved by the presiding Judicial Hearing Officers; and WHEREAS, pursuant to the stipulation, “the municipal officials having custody of the assessment rolls shall correct the assessment roll to conform to this Stipulation. If any Legislative Meeting May 21, 2025 Page 6 of 8  taxes were paid based on the “reduced from” assessment indicated above, a refund of the taxes paid on the amount of the reduction of the above-mentioned assessment shall be made to the Petitioner…” NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Ossining, upon certification by the Village Treasurer that all of the aforesaid taxes have been paid, hereby authorizes and directs the Village Treasurer to make such refund of real property taxes to the petitioners listed above; and be it further RESOLVED, that the Village Treasurer is authorized to make the aforesaid payments so that the Village may avoid the payment of any penalties; and be it further RESOLVED, that a notation shall be made in the margin of the Assessment Roll that the said assessments were reduced and that payment of refunds for the overpayment of real property taxes was made pursuant to the stipulations. Schedule A Tax Year-2025 SBL- 90.17-2-26 Owner- Frank and Leah Fonseca Address- 3 Navajo Lane Billed 2025-Final Total- $661,900 Settled 2025 Final Total- $645,000 Assessment Reduction- ($16,900) Village Taxable- $645,000 Tax Rate- 8.574212 Total SCAR Refund- $144.90 J. Cable Franchise Renewal Agreement with Verizon New York, Inc. WHEREAS, on May 7, 2025 the Board of Trustees held a public hearing pursuant to New York Village Law section 4-412(6) regarding granting a cable television franchise renewal agreement to Verizon New York, Inc.; and WHEREAS, the public hearing was closed on May 7, 2025; now therefore be it RESOLVED, that the Village Manager is authorized to sign the cable franchise renewal agreement with Verizon New York, Inc. K. Adoption of Local Law 2-2025, “A Local Law amending Chapter 62 (Affordable Housing) 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 -2025, titled, “A Local Law amending Chapter 62 (Affordable Housing) of the Village of Ossining Code”; and WHEREAS, a public hearing was conducted on May 7, 2025 at 7:30 pm at the Birdsall Fagan Police-Court Facility, 86-88 Spring Street, 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 May 7, 2025; 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 Legislative Meeting May 21, 2025 Page 7 of 8  RESOLVED, that the Board of Trustees of the Village of Ossining hereby adopts as Local Law 2-2025, A Local Law amending Chapter 62 (Affordable Housing) of the Village of Ossining Code; and be it further RESOLVED, that Local Law 2-2025 shall become effective upon filing with the Secretary of State pursuant to the Municipal Home Rule Law. LL-2025 (Chapter 62) (April 2025) L. Fire Department – Appointment – Senate Hook & Ladder Co. RESOLVED, that upon the recommendation of the Fire Chief, Peter Riverso, Ossining, NY, was elected as active firefighter member of Senate Hook & Ladder Co. 1. M. Fire Department Transfer – Ossining Hose Co. #1 RESOLVED, that upon the recommendation of the Fire Chief, Nicholas Abreau, Ossining, NY transferred his membership from Ossining Fire Police & Squad to Ossining Hose Co. #1. IX. CONTINUING BUSINESS OF THE BOARD X. NEW BUSINESS OF THE BOARD XI. ADJOURNMENT Legislative Meeting May 21, 2025 Page 8 of 8