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/82026887002 Members of the public can listen to the meeting by dialing in via phone: +1 646 931 3860 Webinar ID: 820 2688 7002 **Please note that by dialing in, your phone number will be visible to the host, participants, and attendees of the meeting.** Wednesday, September 3, 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. PUBLIC HEARING A. To consider proposed changes Local Law -2025, amending chapter 270 (Zoning – RDD zoning district. Local Law (RDD Zoning District- Chapter 270) 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 relating to the Agenda, but of relevance to the common good of the Village. VIII. VILLAGE BOARD RESOLUTIONS A. Approval of Minutes - August 20, 2025 RESOLVED, that the Board of Trustees of the Village of Ossining hereby approves the Minutes of the August 20, 2025 Regular Meeting as presented. Legislative Meeting September 3, 2025 Page 1 of 9  Legislative Meeting - Aug 20 2025 - Minutes - Pdf Legislative Meeting - Aug 20 2025 - Minutes - Html B. Approval of Voucher Detail - September 3, 2025 RESOLVED, that the Board of Trustees of the Village of Ossining hereby approves the Voucher Detail Report dated September 3, 2025 in the amount of $744,184.24. VOUCH DET 09032025 C. Approval of IBWTP Voucher Detail - September 3, 2025 RESOLVED, that the Board of Trustees of the Village of Ossining hereby approves the IBWTP Voucher Detail Report dated September 3, 2025 in the amount of $223.5. VOUCH DET IBWTP09032025 D. Village of Ossining Local Youth Bureau- Authorize agreement with Westchester County (Summer 2025 Youth Employment Program) RESOLVED, that following review by the Corporation Counsel, the Village Manager is authorized to sign an agreement with Westchester County Department of Social Services whereby the village through the village’s Local Youth Bureau will operate a summer youth employment program for TANF-eligible (Temporary Assistance for Needy Families) economically disadvantaged youth under 21 years of age; and be it further RESOLVED, that the village shall be paid a total amount not to exceed $66,474.00; and be it further RESOLVED, that the term of the agreement is from May 1, 2025 through September 30, 2025. Westchester County (Summer Youth Employment Program) (May-September 2025) E. Village of Ossining Local Youth Bureau- Authorization to submit a proposal for the 2025-2026 Youth Employment Program WHEREAS, the Westchester County Department of Social Services, Office of Workforce Development on behalf of the Westchester-Putnam Workforce Development Board issued a request for proposals (RFP) from public and private not-for-profit organizations for the provision of a 2025-2026 Youth Employment Program for eligible Temporary Assistance to Needy Families (TANF) youth; and WHEREAS, the Youth Employment Program is intended to help reduce community gun violence and youth criminal justice by providing year-round employment opportunities; and WHEREAS, the Youth Employment Program will serve youth 14 to 20 years of age and will retroactively commence on September 1, 2025 and continue through June 30, 2026; and WHEREAS, the village’s Local Youth Bureau wants to submit on behalf of the village a proposal providing the Youth Employment Program detailed in the RFP; and WHEREAS, the response to the RFP is due no later than September 10, 2025; now therefore be it RESOLVED, that following review by the Corporation Counsel, the village through the Local Youth Bureau is authorized to submit a proposal to the Westchester County Department of Social Services, Office of Workforce Development; and be it further RESOLVED, that the Village Manager and the Executive Director of the Local Youth Bureau are authorized to sign and complete the proposal as necessary. Youth Employment Program Grant F. Village of Ossining Local Youth Bureau- Invest in Kids Youth Programs (2026-2028) Legislative Meeting September 3, 2025 Page 2 of 9  WHEREAS, the Westchester County Youth Bureau issued a Request for Proposals (RFP) from organizations “that are committed to fostering strategic collaborations in delivering positive youth development supports and opportunities through the Invest in Kids Program (IIK)”; and WHEREAS, IIK was established in 1993 to address the needs of at-risk youth through partnerships with various non-profit organizations and local Youth Bureaus; and WHEREAS, the IIK program legislatively prioritizes “at-risk” youth ages 21 and under in 11 urban communities: Elmsford, Greenburgh, Mount Vernon, New Rochelle, Ossining, Peekskill, Port Chester, Sleepy Hollow, Tarrytown, White Plains and Yonkers; and WHEREAS, the RFP is “an invitation for non-profit organizations and local Youth Bureaus to help the Bureau meets its strategic goals by providing comprehensive, innovative, age and culturally appropriate offerings. Strategic goals of the Bureau include increasing formal and informal resources that lend to children’s and youths’ growth from early childhood through adolescence to young adulthood”; and WHEREAS, pursuant to the RFP, proposed programs must provide services for 12 consecutive months each year; and WHEREAS, contracts awarded as a result of this RPF will be for a term of up to 36 months beginning on or about January 1, 2026 and ending on or about December 31, 2028; and WHEREAS, proposers may apply for up to $50,000 per service/program per year. There is a 10% required cash match; and WHEREAS, the village thorough the Local Youth Bureau wants to submit a proposal providing services under the IIK program which proposal must be received by September 26, 2025; now therefore be it RESOLVED, that following review by the Corporation Counsel, the village through the Local Youth Bureau is authorized to submit a proposal to the Westchester County Youth Bureau to provide programs and services through the Invest in Kids Program; and be it further RESOLVED, that the Village Manager and the Executive Director of the Local Youth Bureau are authorized to sign and complete the proposal as necessary. IIK Youth Programs G. Village of Ossining Local Youth Bureau- Agreement with City of White Plains RESOLVED, that following review by the Corporation Counsel, the Village Manager is authorized to sign an agreement with the City of White Plains through the White Plains Youth Bureau to oversee a Grandpas United Program; and be it further RESOLVED, that the term of this agreement is April 1, 2024 – September 30, 2025; and be it further RESOLVED, that the Village of Ossining Local Youth Bureau will receive $20,000 in funding for this program. Grandpas United State Award Letter 2025_0001 Village of Ossining Grandpas United IMA 5-19-25 H. Section 8 Office- Authorize renewal of agreement with MRI Software WHEREAS, the village’s Section 8 Office utilizes software provided by MRI Software for the office’s affordable housing program; and WHEREAS, the license for the use of the software is due for renewal; now therefore be it Legislative Meeting September 3, 2025 Page 3 of 9  RESOLVED, that following review by the Corporation Counsel the Village Manager is authorized to sign the documents to renew the agreement with MRI Software, 28925 Fountain Parkway, Solon, Ohio for a three-year term at $18,666.55 for year one (2025) with 5.5% increases in years 2 and 3. I. DPW- Authorizing the implementation, and funding in the first instance 100% of the federal-aid eligible costs, of a transportation federal-aid project, and appropriating funds therefore. WHEREAS, a Project for the Westerly Road Paving & Sidewalks Improvements, Village of Ossining, Westchester County, PIN 8763.02 (the “Project") is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds; and WHEREAS, by resolution adopted on July 19, 2023 the Village of Ossining Board of Trustees approved and agreed to advance the Project by making a commitment of 100% of the non-federal share of the costs of preliminary engineering and right-of-way incidental work; and WHEREAS, it was subsequently found necessary to undertake additional preliminary engineering work not contemplated in the original agreement authorized by the previous resolution; and WHEREAS, it has been found necessary to increase the federal and non-federal share of costs for the additional preliminary engineering work for the project; and WHEREAS, the Village of Ossining desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of Preliminary Engineering; now therefore be it RESOLVED, that the Village Board of Trustees hereby approves the above-subject project; and it is further RESOLVED, that the Village Board of Trustees hereby authorizes the Village of Ossining to pay in the first instance 100% of the federal and non-federal share of the cost of Preliminary Engineering work for the Project or portions thereof; and it is further RESOLVED, that the sum of $193,375 ($214,375 minus the previous 21,000) is hereby appropriated from the Construction to Design phase and made available to cover the cost of participation in the above phase of the Project; and it is further RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Village Board of Trustees shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the Village Manager thereof, and it is further RESOLVED, that the Village Manager of the Village of Ossining be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or applicable Marchiselli Aid on behalf of the Village of Ossining with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first instance funding of project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and it is further RESOLVED, that in addition to the Village Manager, the following municipal titles: Village Engineer, Village Treasurer, and Corporation Counsel are also hereby authorized to execute any necessary Agreements or certifications on behalf of the Municipality/Sponsor, with NYSDOT in connection with the advancement or approval of the project identified in the State/Local Agreement; and be it further RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and it is further Legislative Meeting September 3, 2025 Page 4 of 9  RESOLVED, this Resolution shall take effect immediately. J FINANCE DEPARTMENT- REPEALING A CERTAIN BOND RESOLUTION ADOPTED BY . THE VILLAGE OF OSSINING, WESTCHESTER COUNTY, NEW YORK. WHEREAS, the Board of Trustees of the Village of Ossining, Westchester County, New York (the “Village”) has heretofore duly adopted a bond resolution of said Village for a certain purpose as hereinafter described; and WHEREAS, it has now been determined that said financing authorization will not be required for said capital project and it is now desired to repeal said serial bond authorization to the extent not heretofore utilized; now therefore be it RESOLVED, by the affirmative vote of not less than a majority of the total voting strength of the Board of Trustees of the Village of Ossining, Westchester County, New York, the serial bond authorization of the bond resolution hereinafter specified is hereby repealed in the amount specified below; provided, however, such repeal shall only be effective to the extent any such authorization to be repealed has not heretofore been utilized for the issuance of an obligation of the Village therefor: BONDS BONDS DATE PROJECT AUTHORIZED REPEALED July 26, 2023 Indian Brook Water $15,241,528 $15,241,528 Treatment Plant Project and be it further; RESOLVED, that this resolution shall take effect immediately and that neither posting nor publication are required. K FINANCE DEEPARTMENT- RESOLUTION REPEALING A CERTAIN BOND RESOLUTION . ADOPTED BY THE VILLAGE OF OSSINING, WESTCHESTER COUNTY, NEW YORK. WHEREAS, the Board of Trustees of the Village of Ossining, Westchester County, New York (the “Village”) has heretofore duly adopted a bond resolution of said Village for a certain purpose as hereinafter described; and WHEREAS, it has now been determined that said financing authorization will not be required for said capital project and it is now desired to repeal said serial bond authorization to the extent not heretofore utilized; now, therefore be it RESOLVED, by the affirmative vote of not less than a majority of the total voting strength of the Board of Trustees of the Village of Ossining, Westchester County, New York, the serial bond authorization of the bond resolution hereinafter specified is hereby repealed in the amount specified below; provided, however, such repeal shall only be effective to the extent any such authorization to be repealed has not heretofore been utilized for the issuance of an obligation of the Village therefor: BONDS BONDS DATE PROJECT AUTHORIZED REPEALED December 6, 2023 Indian Brook Water $24,782,700 $24,782,700 Treatment Plant Project and be it further RESOLVED, this resolution shall take effect immediately and neither publication nor posting are required. L. Call for Public Hearing-Proposed Local Law -2025 amending chapter 270 (Zoning – Article XX Moratorium for submission and processing of Land Use Approvals for cannabis dispensaries, vape shops, smoke shops, vape lounges and vape consumption Legislative Meeting September 3, 2025 Page 5 of 9  businesses). 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 17, 2025 at the Birdsall Fagan Police-Court Facility, 86-88 Spring Street, Ossining, New York and via Zoom, to consider proposed changes Local Law -2025, amending chapter 270 (Zoning – Article XX Moratorium for submission and processing of Land Use Approvals for cannabis dispensaries, vape shops, smoke shops, vape lounges and vape consumption businesses); 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/82026887002 Via phone: +16469313860 Webinar ID: 820 2688 7002 M. Board of Trustees- Authorize loan agreement with Sing Sing Prison Museum WHEREAS, the Sing Sing Prison Museum (“Museum”) by its Executive Director expressed the Museum’s interest in obtaining objects maintained by the village for display and/or use in the planned visitor’s center to be located in the historic Olive Opera House; and WHEREAS, the objects requested by the museum are the electric chair reproduction and drawing, a case displaying prisoner weapons and other objects and ten (10) exhibit text panels; and WHEREAS, the aforementioned items were part of the Urban Cultural Park Visitor Center located at the Joseph G. Caputo Community Center, 95 Broadway, Ossining, New York; and WHEREAS, the Board of Trustees discussed the Museum’s proposal with the Executive Director at the August 13 work session; now therefore be it RESOLVED, that following review by the Corporation Counsel, the Village Manager is authorized to sign a loan agreement with the Museum for the above-referenced objects, the agreement to be for a five-year term with one five-year renewal. N. Changes to 2025 Fee Schedule RESOLVED, that the Village of Ossining’s 2025 Fee Schedule for stopping, standing, parking and other miscellaneous violations is revised as follows effective September 4, 2025: Village Code section 250-23.15- Parking spaces; handicapped Delete $93 mandatory surcharge Village Code section 250-23.16- Off-street parking spaces; handicapped Delete $93 mandatory surcharge O. Finance Department- Authorizing Tax Certiorari Payment for Urstadt Biddle Properties, Inc. WHEREAS, tax certiorari proceedings were instituted against the Assessor of the Town Legislative Meeting September 3, 2025 Page 6 of 9  of Ossining, the Board of Review of the Town of Ossining and the Town of Ossining by Urstadt Biddle Properties Inc. against Petitioner’s property situated at 22 Rockledge Avenue in the Village of Ossining and designated by the following section, block and lot number: 97.15-3-14 in the Village of Ossining for the 2021 and 2024 assessment years under index numbers 63594/2021 and 72650/2024; 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 August 19, 2025 a Consent Judgment was entered in favor of the Petitioner Urstadt Biddle Properties Inc. 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 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 to the Petitioner by the VILLAGE OF OSSINING, the amount, of all Village taxes, together with the proportionate share of any interest or penalty paid by reason of delinquent payment of said excess taxes, paid by the Petitioner as taxes against the said erroneous assessments in excess of what the taxes would have been if the said assessments made in the aforesaid years had been determined by this Order together with interest thereon from the date of payment thereof as provided by statute”; and WHEREAS, that the Consent Judgment further provides, “that all tax refunds are to be paid with interest pursuant to section 726 of the Real Property Tax Law of the State of New York, provided, however, interest shall be waived in the event that payment is made within sixty (60) days from the date of service of this Order, time of the essence, with notice of entry, and with respect to the Commissioner of Finance only, such Order shall be served with proof of payment of taxes; and WHEREAS, the Consent Judgment with notice of entry was served upon the Treasurer of the Village of Ossining by Petitioner on or about August 21. 2025; and WHEREAS, tax refunds are to be made payable to Griffin, Coogan, Sulzer & Horgan, P.C., as attorneys for the Petitioner, 51 Pondfield Road, Bronxville, New York, who are to hold the proceeds as trust funds for appropriate distribution and who are to remain subject to the further jurisdiction of the court in regard to their attorney’s lien pursuant to section 475 of the Judiciary Law; 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 Urstadt Biddle Inc. to Griffin, Coogan, Sulzer & Horgan, P.C. for the benefit of Urstadt Biddle Inc. 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 Urstadt Biddle Properties Inc. 22 Rockledge Avenue Index Nos. 63594/21, 72660/24 Legislative Meeting September 3, 2025 Page 7 of 9  Muni 554203 Section 97.15-3-14 Village Assessment Tax Original Reduced Tax Village Year Year Assessment Assessment Reduction Rate Refund 2021 2022 6,726,700 6,691,000 35,700 $10.4833 $374.25 2024 2025 7,435,900 7,342,100 93,800 $8.5742 $804.26 Total: $1,178.50 001.1964.458 Village General Fund Refund $374.25 001.0100.1002 Village General Fund Refund $804.26 $1,178.51 P. Board of Trustees- Referral to Environmental Advisory Council (RDD Zoning District amendment) WHEREAS, the Board of Trustees is considering an amendment to chapter 270 (zoning), specifically regarding the Riverfront Development District (RDD) zoning district; and WHEREAS, pursuant to section 262-3 of the Village Code, “all private applicants and all boards, agencies, departments, offices, other bodies or officers of the Village of Ossining must comply with this chapter (Waterfront Consistency Review) to the extent applicable prior to carrying out, approving or funding any Type I or unlisted actions…since the Ossining Local Waterfront Revitalization Program (LWRP) area is also a designated Critical Environmental Area, all unlisted actions become Type I actions…”; and WHEREAS, Type I or unlisted actions as defined in the State Environmental Quality Review Act regulations include “adoption of agency rules, regulations and procedures, including local laws, codes, ordinances, executive orders and resolutions that may affect the environment”; and WHEREAS, the Board of Trustees is responsible for determining whether the proposed zoning code text change is consistent with the village’s LWRP; and WHEREAS, pursuant to section 262-5C, the Board of Trustees shall refer all documents relating to the proposed zoning code text change to the Environmental Advisory Council; now therefore be it RESOLVED, that the Board of Trustees refers to the Environmental Advisory Council (Council) information necessary to conduct the consistency review which information should include the Coastal Assessment Form and Environmental Assessment Forms; and be it further RESOLVED, that pursuant to section 262-5E: 1. The Council shall render its written recommendation to the responsible board with 30 days following referral of the Coastal Assessment Form…unless extended by mutual agreement of the Council and the Board. The recommendation shall indicate whether, in the opinion of the Council, the proposed action is consistent with or inconsistent with one or more of the LWRP policy standards or conditions and shall elaborate, in writing, the basis for its opinion. 2. The Council shall, along with its consistency recommendation, make any suggestions concerning modification of the proposed action to make it consistent with LWRP policy standards and conditions or to greater advance them. 3. In the event that the Council’s recommendation is not forthcoming within the specified time, the responsible board shall make its decision without the benefit of the Council’s recommendation. Q. Fire Department – Appointment – Monitor Hose C0. #2 RESOLVED, that upon the recommendation of the Fire Chief, Dante Santucci, Ossining, Legislative Meeting September 3, 2025 Page 8 of 9  NY, was elected as active firefighter member of Ossining Monitor Hose C0. #2. Dante Santucci_ R. Fire Department – Appointment – Holla Hose Co. #5 RESOLVED, that upon the recommendation of the Fire Chief, the following members, were elected as active firefighters of Holla Hose Co. #5  Francisco Alvarez – Ossining, NY 10562  Lauren Diggs -Brewster, NY 10509 Francisco Alvarez_ Lauren Diggs_ S. Fire Department – Appointment – Cataract Hose CO. #2 RESOLVED, that upon the recommendation of the Fire Chief, Jorge Luis Prado Alvarez, Ossining, NY, was elected as active firefighter member of Ossining Cataract Hose CO. #2. Jorge Prado Alvarez_ IX. CONTINUING BUSINESS OF THE BOARD X. NEW BUSINESS OF THE BOARD A. Special Presentation: Proposed Adult-Use Cannabis Dispensary- Upscale Smoker (140 South Highland Avenue) Upscale Smoker - BOT Presentation-3 B. Special Presentation: Proposed Adult-Use Cannabis Dispensary- King’s House of Fire (175-177 North Highland Avenue) KHOF Business Summary Ossining BOT 9.3.25 XI. ADJOURNMENT Legislative Meeting September 3, 2025 Page 9 of 9